IF EVER THERE IS ANY DOUBT THAT SABAH IS NOT RECOGNISED BY THE REPUBLIC AS A PHILIPPINE TERRITORY, WE SUGGEST THEY CONSULT REPUBLIC ACT NO. 5446, AN ACT THAT AMMENDED THE PREVIOUS REPUBLIC ACT NO. 3046 APPROVED ON 18SEPTEMBER 1968 WHICH CLEARLY INDICATES THAT THERE IS NO PREJUDICE TO THE "ANNEXATION" OF SABAH TO PHILIPPINES.
THIS REPUBLIC ACT HAS NOT BEEN ABROGATED AND REMAINS IN FORCE.
REPUBLIC ACT 5446 STIPULATES THAT IT IS "without prejudice to the delineation of the baselines of the territorial sea around the territory of Sabah, situated in North Borneo, over which the Republic of the Philippines has acquired dominion and sovereignty."
CLEAR AND SIMPLE: THIS LAW DEFINES THE LEGAL "ANNEXATION OF SABAH" AND IS PART AND PARCEL OF OUR NATIONAL LAWS
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REPUBLIC ACT NO. 3046
REPUBLIC ACT NO. 9522
Republic of the Philippines
Congress of the Philippines
Metro Manila
REPUBLIC ACT NO. 5446
September 18, 1968
AN ACT TO AMEND SECTION ONE OF REPUBLIC ACT NUMBERED THIRTY HUNDRED AND FORTY-SIX, ENTITLED "AN ACT TO DEFINE THE BASELINES OF THE TERRITORIAL SEA OF THE PHILIPPINES"
Section 1. To correct typographical errors, Sec. one of Republic Act numbered thirty hundred and forty-six is amended to read as follows:
Section 1. The baselines for the territorial sea of the Philippines are hereby defined and described* specifically as follows:
*NB: PLEASE SEE THE DIFFERENT LATITUDE, LONGTIDE AND AZIMUTH INDICATORS OF THE SCOPE OF TERRITORY OF THE REPUBLIC OF THE PHILIPPINES IN THE CHAN ROBLES LAW LIBRARY -- MUCH TOO LONG TO LIST THEM IN THIS POST. LINK:http://www.chanrobles.com/republicacts/republicactno5446.html#.USWXJh2-rMZ
Section 2. The definition of the baselines of the territorial sea of the Philippine Archipelago as provided in this Act is without prejudice to the delineation of the baselines of the territorial sea around the territory of Sabah, situated in North Borneo, over which the Republic of the Philippines has acquired dominion and sovereignty.
Section 3. This Act shall take effect upon its approval.
Approved: September 18, 1968
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NOTE: ANALOGY BY ADMIN APM, ONE OF THE ADMINS, WHO IS ALSO A LAW DEGREE HOLDER AND ACTS AS THE LEGAL ADVISER TO THE Defenders of the Philippine Sabah & Spratly Claims:
Section 1 defines and describes the baselines of the territorial sea of the Philippine Archipelago, which rightly did not include Sabah because it is not a part of the archipelago, but a separate territory over which the Philippines have a sovereign right to, as clearly stated in Section 2.
In addition, Section 2 expressly reserves the rights of the Philippines to delineate the baseline of the territorial sea around Sabah.
Analogy: It's like saying in Section 1 -- this Act delineates and defines the boundaries of mainland USA. And Section 2 would then say -- The definition of the baselines of the territorial sea of mainland USA as provided in this Act is without prejudice to the delineation of the baselines of the territorial sea around the territory of the states of Alaska and Hawaii over which the USA has acquired dominion and sovereignty.=====================
FURTHERMORE, PHILIPPINE CONSTITUTION, ARTICLE I - NATIONAL TERRITORY:
•The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas.
NOTE: "and all other territories over which the Philippines has sovereignty" = MEANS THAT SABAH IS PART OF THE PHILIPPINES BECAUSE SOVEREIGNTY RIGHTS OVER SABAH WERE OFFICIALLY TRANSFERRED (signed and sealed) TO THE REPUBLIC OF THE PHILIPPINES BY THE SULTANATE OF SULU ON 12 SEPT 1962 DURING THE TERM OF PRESIDENT DIOSDADO MACAPAGAL LONG BEFORE THE 1987 CONSTITUTION WAS PROMULGATED. HENCE, SABAH HAS NOT BEEN EXCLUDED AT ALL FROM THE SCOPE OF PHIL NATIONAL TERRITORY UNDER THE 1987 CONSTITUTION CONTRARY TO WHAT SOME BELIEVE.
~~ Admins, Defenders of Philippine Sabah and Spratly Claims
Why did the 14th Congress in its 2nd regular session passed Republic Act No. 9522 on March 10, 2009
ReplyDelete(AN ACT TO AMEND CERTAIN PROVISIONS OF REPUBLIC ACT NO. 3046, AS AMENDED BY REPUBLIC ACT NO. 5446, TO DEFINE ARCHIPELAGICBASELINE OF THE PHILIPPINES AND FOR OTHER PURPOSES)specifically
Section 2. The baseline in the following areas over which the Philippines likewise exercises sovereignty and jurisdiction shall be determined as "Regime of Islands" under the Republic of the Philippines consistent with Article 121 of the United Nations Convention on the Law of the Sea (UNCLOS):
a) The Kalayaan Island Group as constituted under Presidential Decree No. 1596; and
b) Bajo de Masinloc, also known as Scarborough Shoal.
clearly limited the scope of Philippine territory as compared to Sec. 2 of RA 5446: Section 2. The definition of the baselines of the territorial sea of the Philippine Archipelago as provided in this Act is without prejudice to the delineation of the baselines of the territorial sea around the territory of Sabah, situated in North Borneo, over which the Republic of the Philippines has acquired dominion and sovereignty.
RA 9522 was sent to Malacanang by House Speaker Prospero Nograles and Senate President Juan Ponce Enrile and signed into Law by President Gloria Arroyo.