GAANO BA KALAKAS ANG ATING CLAIM SA PINAG-AAGAWANG TERITORYO SA WEST PHILIPPINE SEA?
01:01.2
Treaty of Washington, dalawang colonial powers, Spain and the U.S.
01:05.1
And the boundary in Southern Philippines, in 1930,
01:09.8
that was a treaty between the United States and Great Britain.
01:15.1
So yung tatlong treaty na yun, define Philippine territory.
01:21.2
And yung under the UT Posidetes,
01:28.3
UT Posidetes Iuris, all countries must respect the boundaries established by the colonial powers
01:35.2
in the colonies when they attained independence.
01:39.0
We've attained independence in 1945, July, no, June, June 12, no, 1946.
01:52.7
Ngayon, yung ano, yung...
01:58.3
Yung Treaty of Paris, nakasabi doon,
02:02.7
Spain ceded to the U.S. all the islands within the treaty lines.
02:08.2
So, klarong-klaro, ano yung islands sinid ng Spain under the Treaty of Paris?
02:12.9
Islands within the treaty lines.
02:14.9
Makita mo naman yung treaty lines eh, naka-plasta yun sa mga mapa eh.
02:20.6
Eh, pagdating ng U.S. dito, meron palang isla pa ng Pilipinas, archipelago,
02:25.6
na hindi kasama sa treaty lines.
02:28.3
Nasa labas ng treaty lines.
02:30.2
So, nagkaroon sila ng panibag pangalawang treaty, Treaty of Washington of 1900.
02:35.6
Two years later, nagkaroon ng Treaty of Washington.
02:39.6
Clinearify nila, Spain also ceded to the U.S. all islands belonging to the Philippine archipelago
02:46.6
lying outside the lines of the Treaty of Paris.
02:49.6
Ito na yung Scarborough Shoal, ito na yung Spratlys, atsaka yung Turtle Island, yung Mapun Island,
02:57.4
kagaya ni Sulu, kagaya si Buto, kasi may mga isla outside the treaty lines eh.
03:03.3
So, it was clarified, kasama lahat yun if they form part of the Philippine archipelago.
03:08.7
So, ang question, ano yung Philippine archipelago?
03:11.7
Saan natin makita yung mapa o dokumento na ito yung Philippine archipelago?
03:16.5
Kasi Philippine archipelago, most of the islands nasa within the treaty lines,
03:23.2
but meron din outside.
03:25.5
Saan natin makita yung mapa na yun?
03:27.4
Yun ang mapa na yun is the 1875 Carta General del Arquipelago Filipino.
03:33.9
Kasi sabi ng Spain, in 1875, ito yung mapa ng Philippine territory under the Spanish regime.
03:42.0
Yung U.S. naman, pagpasok nila dito, pagdating na sa Pilipinas, they used the same map.
03:48.4
Kasi wala naman silang time to make a new map eh.
03:51.0
Sabi nila, ito yung mapa ng Pilipinas under the American regime.
03:56.3
So, yung dalawang powers agreed na ang Philippine archipelago is shown in this map.
04:04.4
At saka dun sa isang kaso, international case, Islas Palmas, between U.S. and Netherlands,
04:11.1
kasi they contested who has sovereignty over Islas Palmas.
04:16.4
Islas Palmas na sa Mindanao yan eh.
04:18.8
Ang problema, Spain discovered it, kaya lang Spain never returned there.
04:24.1
Nakita nila, sinama nila sa mapa.
04:26.3
But they never went back.
04:28.3
And ang pumupunta doon, yung mga Dutch, at saka pumirma ng Pledge of Allegiance yung mga tao doon,
04:34.8
that they recognized Dutch sovereignty.
04:37.1
So, sabi ng arbiter, si Max Huber, it was submitted to arbitration by U.S. and Netherlands.
04:43.7
Sabi ni Max Huber, yung isla na yan, ang nag-discover, Spain.
04:47.8
Pero ang nag-exercise ng sovereignty, peaceful and continuous, yung Netherlands, yung Dutch.
04:53.6
So, binigay sa Dutch.
04:55.2
So, ngayon, today,
04:56.3
that island is part of Indonesia.
04:59.4
But ang importante doon, yung America, U.S., submitted the 1875 map.
05:07.3
Sabi ng U.S., itong mapa na ito, ito yung mapa ng Philippine territory
05:11.0
under Spanish regime and under American regime.
05:15.2
Naka, ano yan, recorded yan, no?
05:17.3
So, yun ang, ano, ang Philippine territory, hindi lang limitado doon sa, within the territory.
05:26.3
So, yun ang, ano, ang treaty lines of, the Treaty of Paris, no?
05:30.0
Kasama doon yung ibang isla.
05:31.9
Saan natin mahanap yung ibang isla?
05:33.7
Sa Carta General, 1875 map of Philippine territory.
05:38.1
That is the, that is an exception, no, sa sovereignty.
05:43.5
Kasi, before nations came, madami namang mga isla na naging common fishing ground.
05:51.1
Nang iba-ibang tao from different countries.
05:53.5
And nagkaroon, they became a state.
05:56.3
The law recognized, internationally recognized, the rights of other people to go there to continue fishing.
06:04.5
Kaya, tinatawag yan, traditional fishing ground.
06:08.0
Yung traditional fishing ground, long before the state became sovereign, independent.
06:15.5
So, yun, that's recognition na that was common fishing ground of the people around that area
06:23.8
from different nationalities and countries.
06:26.3
So, that will continue.
06:28.0
Yun lang, very unique exception yan eh.
06:31.4
O, yun ang rule na may mga decisions na ganyan.
06:34.5
Sinabi ng court, international court na,
06:39.3
this country A has sovereignty over this island,
06:42.9
but the other countries has fishing rights in the territorial sea of that island.
06:48.5
Well, ang sabi ni former President Duterte,
06:51.2
China is already in possession of the West Philippine Sea,
06:54.7
which is factually wrong.
06:56.3
Hindi naman sila in possession.
06:58.0
Nakapakalawak yung West Philippine Sea.
07:00.6
That's land, if you compare that area to the territory of the Philippines,
07:06.7
halos pareho eh, in terms of area.
07:11.6
So, pwede mo sabihin that China is in possession of Scarborough Shoal.
07:18.3
China is in possession of some of the islands in the Spratlys.
07:21.6
Pero pag sinabi mo, is already in possession of the West Philippine Sea,
07:28.0
Daming dumadaan dyan.
07:29.4
Daming tayo, dumadaan din tayo.
07:31.0
So, si Duterte, parang pinamigay niya, eh wala naman base.
07:35.4
Actually, China is not in possession of the West Philippine Sea.
07:39.5
It is in possession of certain islands in the West Philippine Sea.
07:43.9
Hindi yung buong West Philippine Sea.
07:45.4
The territorial claim naman, there is what they call the critical date.
07:53.9
The critical date is,
07:55.6
when one country, one state, claims the island and another state claims the same island.
08:05.1
When that happens, when there is a congruence of claim,
08:10.9
that date is called the critical date.
08:15.8
The sovereignty will be decided based on facts and law just before that critical date.
08:25.6
yung takeover ng China after the critical date will not change,
08:31.5
will not improve the title of China.
08:33.9
Kasi, the policy of the law,
08:36.0
pag may critical date na,
08:37.9
you should not aggravate the dispute by grabbing the territory.
08:42.2
Kasi lalo magkakagulo.
08:43.4
The policy of international law is to preserve peace and stability in all places of the world.
08:51.5
pag may territorial dispute,
08:53.2
once there is clearly,
08:54.4
there is clearly a dispute,
08:57.0
kasi one state claims the island,
08:59.2
the other state claims the island.
09:02.4
anything you do to improve your title will not matter,
09:06.7
will not be considered.
09:08.6
So, matagal na itong critical date,
09:10.3
kasi matagal na inang kinang China yan.
09:14.5
1947 is the critical date because it was in 1947 that China released the Nine-Dash Line map
09:21.7
and claimed all the islands within the Nine-Dash Line.
09:24.2
1947 is the critical date.
09:28.2
I advocated for that.
09:32.7
Defense Secretary,
09:38.7
kung gusto ng China,
09:39.7
let's submit it to arbitration,
09:41.2
the territorial dispute.
09:46.2
that should be our position.
09:47.2
Dapat yung DFA natin,
09:49.2
hamunin sila, lahat sila,
09:52.2
to submit the territorial dispute.
09:53.9
Dispute to arbitration.
09:56.9
that is a peaceful settlement.
09:59.9
all disputes between states must be settled peacefully
10:03.9
by negotiation, mediation,
10:05.9
and finally by arbitration.
10:07.9
Eh, dito na tayo sa arbitration.
10:10.9
negotiation, mediation eh.
10:11.9
Walang nangyari eh.
10:12.9
So, arbitration na tayo.
10:16.9
in conformity with the UN Charter na
10:20.9
you go to arbitration.
10:21.9
Tama yung ginawa ni,
10:23.9
Defense Secretary
10:27.9
Pag, if you think really na sa inyo yan,
10:30.9
Submit it to arbitration.
10:32.9
Isang ayon ako doon.
10:34.9
That is the ideal.
10:36.9
para matapos lahat.
10:37.9
And I think we should start it.
10:40.9
napakatiba yung ating ebidensya eh.
10:42.9
We have a very strong claim.
10:47.9
I have no doubt na
10:49.9
we have the strongest claim.
10:53.9
kaya ayaw din nila.
10:56.9
alam nila matatalo sila.
11:01.9
they will be considered as part of China.
11:05.9
that China is the one that's recognized
11:12.9
the International Tribunal will be bound by that.
11:14.9
That the representative of China
11:19.9
Chinese Communist Party.
11:21.9
it's the government in power.
11:24.9
at the arbitration natin sa,
11:31.9
the tribunal discuss ito aba,
11:33.9
kahit nawala yung Taiwan.
11:36.9
they discuss it even if Taiwan
11:41.9
they allowed Taiwan to intervene later.
11:46.9
it can be resolved even without Taiwan
11:49.9
the legal representative
11:51.9
China is the People's Republic of China.
12:29.9
I don't know how this is because
