KALAYAAN GROUP OF ISLANDS (FREEDOMLANDS)
There were actually two candidates for mayor in Kalayaan in the
Abandoned by France and China, it became terra nullius or no man’s land
after World War 2. Imperial China never considered the southern waters
beyond Hainan province to be part of its territory. If there were any historic
claims, they were, in theory, extinguished when Beijing ratified the United
Nations Convention on the Law of the Sea in 1996, the basis of the 2016
ruling. Beijing’s claim to historic ownership has been officially debunked,
thanks to the Permanent Court of Arbitration.
Republican China declared ownership only as far as the Paracels, which
Beijing now disputes with Hanoi. China became aggressive only after World
War 2 with the publication in 1948 of the infamous nine-dash-line map that
claimed more than 80 percent of South China Sea. At that time, most of the
islands and rocks did not even have Chinese names; Beijing scrambled to
transliterate, thus Lord Auckland Shoal became Ao ke lan sha, Mischief Reef
became Mi-qi fu, Gaven Reef Ge wen, and so on.
That rush job was a job that mattered. The scholar Hui-yi Katherine Tseng,
writing about the Diaoyu or Senkaku Islands dispute between China and
Japan,  explains that the naming of terra nullius was a “sovereign inference”
recognized by international law. Giving a name to a place is an act of
administration, and makes it part of the country’s governance structure.
President Elpidio Quirino called it the “New Southern Islands” in 1946. Ten
years later, the fearless adventurer and maritime school owner, Tomas Cloma,
claimed the islands and called it “Freedomland.” The late dictator Ferdinand
Marcos, who jailed Cloma, secured the rights to the group of islands for one
peso. Marcos called it Kalayaan (“Freedom”) and issued a decree that formally
annexed it to Philippine territory in 1978.
President Elpidio Quirino called it the “New Southern Islands” in 1946. Ten
years later, the fearless adventurer and maritime school owner, Tomas Cloma,
claimed the islands and called it “Freedomland.”
Having stationed soldiers there after a secret operation in the early 1970s,
Marcos took things a step farther and created the Municipality of Kalayaan
under Palawan province. It has a complete set of local government officials,
albeit with a population of only a couple hundred military personnel and
dependents.
May 2019 polls; Roberto del Mundo, an independent who sought re-election,
defeated Rodrigo Jaca, 147 to 86. Kalayaan might be a legal artifice for some,
but at least they have real elections there, something that cannot be said of
other towns in the Philippines.
We should at least consistently use the Filipino official names for the nine
islands and reefs occupied by the Philippines — Pag-asa Island instead of
Thitu, Rizal Reef instead of Commodore Reef, Patag Island instead of Flat
Island, Melchora Aquino Cay instead of Loaita Cay, Kota Island instead of
Loaita Island, Lawak Island instead of Nanshan Island, Parola Island instead of
Northeast Cay, Ayungin Shoal instead of Second Thomas Shoal, and Likas
Island instead of West York Island. We should also insist on Filipino names for
islands grabbed from us by China — Panatag instead of Scarborough,
Panganiban Reef instead of Mischief Reef, and call the body of water within
our maritime boundaries West Philippine Sea instead of South China Sea —
as an act of defiance.
We should not apologize for using our own names, e.g., putting them in
parentheses after their international names. China’s officialdom sure doesn’t,
and they don’t care if we’re confused. We have the stronger claim so it
should be the reverse: use the Filipino official names first, then reference the
international names, if at all needed, parenthetically, in footnotes even. It’s
the patriotic thing to do.
https://news.abs-cbn.com/ancx/culture/spotlight/06/28/19/its-kalayaan-not-
spratlys
BENHAM RISE
Benham Rise is a 13-million-hectare underwater plateau located near Aurora.
It is larger than Luzon, the Philippines' biggest island, and is considered part
of the Philippines' continental shelf.
According to marine law expert Jay Batongbacal, Benham Rise is potentially a
rich source of natural gas and other resources such as heavy metals. It is
about 2,000 to 5,000 meters deep, but remains largely unexplored.
(READ: Filipinos conquer new territory: Benham Rise)
In 2012, the United Nations Commission on the Limits of the Contintental
Shelf (UNCLCS) confirmed Benham Rise as part of the Philippines' continental
shelf. Under the UN Convention on the Law of the Sea (UNCLOS), the
continental shelf comprises the seabed and subsoil of the submarine areas
200 nautical miles (NM), or 370 kilometers, from a state's baselines or
“edges.”
Parts of the continental shelf beyond the 200 NM provision need to be
claimed before UNCLCS. Three years after the Philippines first filed its claim
and defended it before the commission, the UNCLCS approved Benham Rise
as part of the Philippines' extended continental shelf.
https://www.rappler.com/newsbreak/iq/164514-fast-facts-benham-rise
SABAH
During the 1700s, the Sultan of Brunei transferred a piece of its land under
the control of the Sulu sultanate. Around 1800 to 1850, the Sultan of Sulu
then gave a part of its land to another sultan who gave it away to the Dutch.
Indonesia, as a successor to the Dutch, later owned the land.
The Sulu sultanate then "lost" its remaining land, which was later named
Sabah, during the period of European colonialism in 1878 after it was either
leased or sold to a British trading company, which remains a controversy up
to now.
He clarified, however, that under the current arrangement, the heirs of the
Sultanate still receive annual payments from Malaysia.
"This was all property of the Sultan of Brunei and at a certain point, he gave a
big chunk of what he owned in his part of Borneo to the Sultan of Sulu. The
Sultan of Sulu, in turn...sort of put a chunk under the control of another
sultan who promptly gave it away to the Dutch," he said.
He added: "Then again in 1878, he had the remaining chunk and the whole
controversy is whether he leased it or sold it to a company called the British
North Borneo Company (BNBC)... This is what we know as Sabah basically."
End to the existence of Sulu sultanate as a country
Quezon said when the United States of America took over the Philippines, the
Sultanate of Sulu, under The Carpenter Treaty, agreed to give up its sovereign
rights over Sulu provided that the sultan would still be recognized as the
"spiritual leader" of the Muslims.
"In the end, the Americans took over the Philippines and in 1915, there was
an agreement that put an end to the existence of the Sultanate of Sulu as a
country."
"Basically, what the Sultan of Sulu accepted...was 'I recognize the sovereignty
of the United States and in exchange, I get some property, an allowance and I
am recognized as the spiritual leader of the Muslims in my old territories,'" he
said.
Quezon said the Sabah controversy this time emerged anew as the sultan
only mentioned giving up his sovereign rights over Sulu.
"What about his claim on [Sabah] by which at this time was under the control
of the British?"
He noted that in 1888, Britain declared BNBC as a protectorate and later
handed it over to the new nation of Malaysia in 1963.
Title of Sultan of Sulu disputed among heirs
Quezon also noted that another problem arose when Sultan Jamalul Kiram II,
"the last uncontested sultan," died in 1936. He said the title of Sultan of Sulu
was disputed among the heirs for over 10 years.
"The heirs were fighting among themselves and couldn't agree on who will
be the actual sultan," he said.
The dispute was only settled in 1950 when Esmail Kiram was crowned Sultan
of Sulu.
In 1962, Sultan Esmail then asserted their ownership of Sabah and decided to
give up their sovereign rights to the Philippines but reserved to the heirs of
the Sultanate their rights over income from lease payments, which at that
time was coming from the Malaysian government.

In 1963, the Philippine government, under then President Diosdado
Macapagal started laying out its claim over Sabah.
Constitution, Baseline Law
In 1968, Republic Act 5446 was signed into law. The Baseline Law includes
"the territory of Sabah, situated in North Borneo, over which the Republic of
the Philippines has acquired dominion and sovereignty."
The 1973 Philippine Constitution also defined the country's territory to
include "all the other territories belonging to the Philippines by historic or
legal title."
In 1977, the Malaysian government asked the Philippines, under then
President Ferdinand Marcos, to give up its claim on Sabah. The Malaysia
wanted the Philippine government to eliminate the clause on "historic title" in
its constitution and repeal RA 5446.
The 1987 Constitution then defined the Philippine territory to include "all the
other territories over which the Philippines has sovereignty or jurisdiction."
Quezon said that while the Philippines did take out the "historical title"
phrase, it was unclear whether the government had already given up its claim
on the disputed territory.
RA 5446 (Baselines Law) was also amended in 2009, but a Supreme Court
decision said Republic 9522 or The Baselines Law still did not relinquish the
Philippine claim to Sabah,
SCARBOROUGH ISLAND
The shoal, a traditional fishing ground for Filipinos, is situated 124 nautical
miles off Zambales.
China’s occupation of the shoal started in 2011 after a standoff between
Chinese maritime surveillance vessels and Philippine Navy ships whose crew
tried to arrest Chinese poachers caught with a harvest of endangered marine
species. The shoal is also called Bajo de Masinloc. Beijing calls it Huangyan
Island.
“We continue to stand by our claim that Scarborough is part of the territory
of the Philippines but we will set aside these discussions for now so that our
people will have a source of livelihood,” Roque said, referring to Filipino
fishermen who he claimed are no longer being prevented by Chinese ships
from entering the shoal because of better ties between Manila and Beijing.
Asked if China’s claim to Panatag is objectionable, Roque replied: “Well, let
them make such claim. Their basis is historic water, and the International Law
of the Sea Tribunal has already made a decision.”
Roque was referring to a ruling by an arbitral court based in The Hague
voiding China’s expansive maritime claim in the South China Sea and
reaffirming the Philippines’ maritime entitlements. In the ruling, however,
Panatag is declared a common fishing ground.
“We have title, despite China’s contrary statements. But for now, what’s
important is the right of the livelihood of our fishermen and right now our
fishermen are able to exercise that right,” the presidential spokesman said.
But Roque said there would be breach of goodwill if China conducts new
reclamation or build structures on Panatag Shoal.
“Well, let’s just say that if there are new reclamations or new artificial islands
then, we would then maintain that there would be a breach of the good faith
obligation, but so far, no breach,” he said.
“I think at this point, Manila and Beijing know that it is, to both are interests
to maintain the current good relations and that is why the status quo is being
served,” he maintained.
China has accused the US of violating its sovereignty after US missile
destroyer USS Hopper came near the Panatag Shoal.
American officials claimed the patrol did not violate international law.
Roque has said the Philippines would not interfere in what he described as an
“intramural” between the two countries.
In the same press briefing, Roque said the Philippines has sovereign rights to
explore and exploit the natural resources in Benham Rise off Aurora province.
The Philippines’ relationship with China has greatly improved since President
Duterte’s assuming office in 2016.  For fear of antagonizing Beijing, Duterte
made a promise not to press for China’s compliance with a ruling by a UN-
backed arbitral tribunal invalidating Beijing’s massive claim in the South
China Sea and reaffirming the Philippines’ entitlement.

“Sovereign right is different from title. Sovereign right is the exclusive right to
explore and exploit the natural and non-living resources, natural resources Read more at
found in the area,” he said. https://www.philstar.com/headlines/2018/01/23/1780473/palace-philippines-
has-sovereignty-over-scarborough#V8XhQpwSEb3ccR4S.99
“Part of the exclusive right of the sovereign rights is the sovereign decision to
allow other countries to conduct  scientific studies,” he said.

President Duterte has allowed the Chinese to conduct research in Benham

provided that Filipino scientists are allowed to join them and the results of
the research are shared with Filipinos.

Meanwhile, Filipino fishermen at Panatag Shoal were unaffected by the

controversy triggered by China’s accusing the USS Hopper of intruding into
what Beijing called its territory.

This was according to the Philippine Coast Guard (PCG), which reported
business as usual for Filipino fishermen at the shoal days after the Hopper
sailed in the area to China’s consternation.

“As per our monitoring, there is no change in the operations of our fishermen
at the Panatag Shoal, they are not affected,” PCG commandant Rear Admiral
Elson Hermogino said. He said the US warship had already left the vicinity.

The Hopper came within 22.22 kilometers or 12 nautical miles of the shoal.
Beijing said US ships entering the West Philippine Sea should get its
permission.

PCG spokesperson Captain Armand Balilo said that to his knowledge there is
no restriction imposed on Filipinos fishing in the area.

“As far as I know they can freely engage in fishing in the area,” Balilo said.