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RAYMOND S. RESOCO BSCE-3A

THE PHILIPPINES-CHINA DISPUTE OVER THE SPRATLYS ISLAND

INTRODUCTION

The Spratly Islands disputeis aterritorial dispute over the ownership of theSpratly Islands,

a group of islands located in theSouth China Sea,and associated "maritime features" in the area,

(e.g. reefs, banks, cays, etc.) States making claims to various parts of the area

include:Brunei,China (People's Republic of China),Malaysia, thePhilippines,Taiwan (Republic of

China),andVietnam.All except Brunei occupy some of the maritime features.

The Spratly Islands are important for a number of reasons: the Spratly area holds potentially

significant, but largely unexplored, reserves ofoil andnatural gas; it is a productive area for world

fishing; it is one of the busiest areas of commercial shipping traffic; and surrounding countries would

get anextended continental shelf if their claims were recognised. Only China (PRC), Taiwan (ROC),

and Vietnam have made claims based on historical sovereignty of the islands. The Philippines,

however, claims part of the area as its territory underUNCLOS,an agreement parts of which have

been ratified by the countries involved in the Spratly islands dispute.

DISCUSSION

How did the dispute began?

As the result of Chinas participation in world trade and its consequent growing demand for

overseas energy and raw materials, the South China Sea has become an increasingly important

resource for Beijing. Chinas demand for imported energy resources is predicted to rise to 500

million tons of oil imports and over 100 billion cubic meters of natural gas by 2020. For comparison,

in 2009 China imported 204 million tons of oil and just about 5 billion cubic meters of natural

gas. Because of its rapidly increasing energy consumption, China will be more actively involved in

oil and gas exploration in its adjacent sea areas and in securing the oil supply routes at sea. Other

claimants, of course, value this resource for the same reasons and, just as in Chinas case, have

seen nationalism and geostrategic interests enter their policy equations. Therefore, the South China

Sea has been host to territorial disputes that are among the most contentious and volatile in the

Asia-Pacific theater. Amid the intense competitions for its vast natural resources, the South China

Seas role in regional security and stability has never been more important.

What are the reasons for the dispute? How did the UN respond to the issue?

http://en.wikipedia.org/wiki/Territorial_disputehttp://en.wikipedia.org/wiki/Spratly_Islandshttp://en.wikipedia.org/wiki/South_China_Seahttp://en.wikipedia.org/wiki/Bruneihttp://en.wikipedia.org/wiki/Chinahttp://en.wikipedia.org/wiki/Malaysiahttp://en.wikipedia.org/wiki/Philippineshttp://en.wikipedia.org/wiki/Republic_of_Chinahttp://en.wikipedia.org/wiki/Republic_of_Chinahttp://en.wikipedia.org/wiki/Vietnamhttp://en.wikipedia.org/wiki/Petroleumhttp://en.wikipedia.org/wiki/Natural_gashttp://en.wikipedia.org/wiki/Territorial_waters#Continental_shelfhttp://en.wikipedia.org/wiki/United_Nations_Convention_on_the_Law_of_the_Seahttp://en.wikipedia.org/wiki/United_Nations_Convention_on_the_Law_of_the_Seahttp://en.wikipedia.org/wiki/Territorial_waters#Continental_shelfhttp://en.wikipedia.org/wiki/Natural_gashttp://en.wikipedia.org/wiki/Petroleumhttp://en.wikipedia.org/wiki/Vietnamhttp://en.wikipedia.org/wiki/Republic_of_Chinahttp://en.wikipedia.org/wiki/Republic_of_Chinahttp://en.wikipedia.org/wiki/Philippineshttp://en.wikipedia.org/wiki/Malaysiahttp://en.wikipedia.org/wiki/Chinahttp://en.wikipedia.org/wiki/Bruneihttp://en.wikipedia.org/wiki/South_China_Seahttp://en.wikipedia.org/wiki/Spratly_Islandshttp://en.wikipedia.org/wiki/Territorial_dispute

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There are multiple reasons why the neighboring nations in particular, and the rest of the

world in general, would be interested in the Spratly Islands.

Hydrocarbons

In 1968, oil was discovered in the region. The Geology and Mineral Resources Ministry of

the People's Republic of China (PRC) has estimated that the Spratly area holds oil and natural gas

reserves of 17.7 billion tons (1.60 1010

kg), compared to the 13 billion tons (1.17 1010

kg) held

byKuwait,placing it as, potentially, the fourth largest reserve bed in the world. These large potential

reserves have assisted in intensifying the territorial claims of the neighboring countries.

In 1968, the Philippines started to take their territorial claims more seriously and stationed

troops on three islands which had been claimed by the adventurerTomas Cloma as part

ofFreedomland.In 1973, Vietnamese troops were stationed on five islands.

On 11 March 1976, the first major Philippine oil discovery occurred off the coast ofPalawan,

near the Spratly Islands territory. In 2010, these oil fields supplied 15% of all petroleum consumed inthe Philippines. In 1992, the PRC and Vietnam granted oil exploration contracts to U.S. oil

companies that covered overlapping areas in the Spratlys. In May 1992, theChina National

Offshore Oil Corporation (CNOOC) and Crestone Energy (a U.S. company based inDenver,

Colorado) signed a cooperation contract for the joint exploration of the Wan'an Bei-21block, a

25,155 square kilometres (9,712 sq mi) section of the southwestern South China Sea that includes

Spratly Island areas. Part of the Crestone's contract covered Vietnam's blocks 133 and 134, where

PetroVietnam, PetroStar Energy(USA) and ConocoPhillips Vietnam Exploration & Production, a unit

ofConocoPhillips,agreed to evaluate prospects in April 1992. This led to a confrontation between

China and Vietnam, with each demanding that the other cancel its contract.Commercial fishing

The region is one of the world's most productive areas for commercial fishing. In 1988, for

example, the South China Sea accounted for 8% of the total world catch, a figure which rose to 35%

in 2010. The PRC has predicted that the South China Sea holds combined fishing and oil and gas

resources worth one trillion dollars. There have already been numerous clashes between the PRC

and the Philippines, PRC and Vietnam, and between other nations over "foreign" fishing vessels

inExclusive Economic Zones(EEZs), and the media regularly report the arrest of Chinese fishermen.

In 1984, Brunei established an exclusive fishing zone encompassingLouisa Reef in the

southeastern Spratly Islands.

Commercial shipping

The region is one of the busiest shipping lanes in the world. During the 1980s, at least 270

ships passed through the Spratly Islands region each day. More than half of the world's supertanker

traffic, by tonnage, passes through the region's waters every year. Tanker traffic through the South

http://en.wikipedia.org/wiki/Kuwaithttp://en.wikipedia.org/wiki/Tomas_Clomahttp://en.wikipedia.org/wiki/Free_Territory_of_Freedomlandhttp://en.wikipedia.org/wiki/Palawanhttp://en.wikipedia.org/wiki/China_National_Offshore_Oil_Corporationhttp://en.wikipedia.org/wiki/China_National_Offshore_Oil_Corporationhttp://en.wikipedia.org/wiki/Denver,_Coloradohttp://en.wikipedia.org/wiki/Denver,_Coloradohttp://en.wikipedia.org/wiki/ConocoPhillipshttp://en.wikipedia.org/wiki/Exclusive_Economic_Zonehttp://en.wikipedia.org/wiki/Louisa_Reefhttp://en.wikipedia.org/wiki/Louisa_Reefhttp://en.wikipedia.org/wiki/Exclusive_Economic_Zonehttp://en.wikipedia.org/wiki/ConocoPhillipshttp://en.wikipedia.org/wiki/Denver,_Coloradohttp://en.wikipedia.org/wiki/Denver,_Coloradohttp://en.wikipedia.org/wiki/China_National_Offshore_Oil_Corporationhttp://en.wikipedia.org/wiki/China_National_Offshore_Oil_Corporationhttp://en.wikipedia.org/wiki/Palawanhttp://en.wikipedia.org/wiki/Free_Territory_of_Freedomlandhttp://en.wikipedia.org/wiki/Tomas_Clomahttp://en.wikipedia.org/wiki/Kuwait

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China Sea is over three times greater than through theSuez Canaland five times more than through

thePanama Canal;25% of the world's crude oil passes through the South China Sea.

What are the Philippine governments argument in claiming some part of the island?

The Philippines' claims are based on sovereignty over the Spratlys on the issues ofRes

nulliusand geography. The Philippines contend their claim was Res nulliusas there was no effective

sovereignty over the islands until the 1930s when France and then Japan acquired the islands.

When Japan renounced their sovereignty over the islands according to the San Francisco Treaty,

there was a relinquishment of the right to the islands without any special beneficiary. Therefore the

islands became Res nulliusand available for annexation, according to the claim.

In 1956, a private Filipino citizen,Tomas Cloma,unilaterally declared a state on 53 features

in the South China Sea, calling it "Freedomland". As theRepublic of China moved to occupythe

main island in response, Cloma sold his claim to the Philippine government, which annexed (de jure)

the islands in 1978, calling themKalayaan.On 11 June 1978, President Ferdinand Marcos of the

Philippines issued Presidential decree No. 1596, declaring the Spratly Islands (referred to therein as

the Kalayaan Island Group) as Philippine territory.

The Philippine claim to Kalayaan on a geographical basis can be summarized using the

assertion that Kalayaan is distinct from other island groups in the South China Sea, because of the

size of the biggest island in the Kalayaan group. A second argument used by the Philippines

regarding their geographical claim over the Spratlys is that all the islands claimed by the Philippines

lie within its 200-mileExclusive Economic Zone according to the 1982United Nations Convention on

the Law of the Sea.This argument assumes that the islands wereres nullius.The Philippines also

contend, undermaritime law that the People's Republic of China can not extend its baseline claims

to the Spratlys because the PRC is not an archipelagic state.

Various factions of the MuslimMoro people arewaging a war for independence against the

Philippines. The website of the separatistMoro National Liberation Front (MNLF) ofNur

Misuari declared its support for China against the Philippines in the South China Sea dispute, calling

both China and the Moro people as victims of Philippine colonialism, and noting China's history of

friendly relations with the Moros. The MNLF website also denounced America's assistance to the

Philippines in their colonization of the Moro people in addition to denouncing the Philippines claimsto the islands disputed with China, and denouncing America for siding with the Philippines in the

dispute, noting that in 1988China "punished" Vietnam for attempting to set up a military presence on

the disputed islands, and noting that the Moros and China maintained peaceful relations, while on

the other hand the Moros had to resist other colonial powers, having to fight the Spanish,fight the

Americans,andfight the Japanese,in addition to fighting the Philippines.

http://en.wikipedia.org/wiki/Suez_Canalhttp://en.wikipedia.org/wiki/Panama_Canalhttp://en.wikipedia.org/wiki/Res_nulliushttp://en.wikipedia.org/wiki/Res_nulliushttp://en.wikipedia.org/wiki/Res_nulliushttp://en.wikipedia.org/wiki/Res_nulliushttp://en.wikipedia.org/wiki/San_Francisco_Treatyhttp://en.wikipedia.org/wiki/Tomas_Clomahttp://en.wikipedia.org/wiki/Republic_of_Chinahttp://en.wikipedia.org/wiki/Taiping_Islandhttp://en.wikipedia.org/wiki/Taiping_Islandhttp://en.wikipedia.org/wiki/De_jurehttp://en.wikipedia.org/wiki/De_jurehttp://en.wikipedia.org/wiki/De_jurehttp://en.wikipedia.org/wiki/Kalayaan,_Palawanhttp://en.wikipedia.org/wiki/Nautical_milehttp://en.wikipedia.org/wiki/United_Nations_Convention_on_the_Law_of_the_Seahttp://en.wikipedia.org/wiki/United_Nations_Convention_on_the_Law_of_the_Seahttp://en.wikipedia.org/wiki/Res_nulliushttp://en.wikipedia.org/wiki/Res_nulliushttp://en.wikipedia.org/wiki/Res_nulliushttp://en.wikipedia.org/wiki/Admiralty_lawhttp://en.wikipedia.org/wiki/Moro_peoplehttp://en.wikipedia.org/wiki/Moro_insurgency_in_the_Philippineshttp://en.wikipedia.org/wiki/Moro_insurgency_in_the_Philippineshttp://en.wikipedia.org/wiki/Moro_National_Liberation_Fronthttp://en.wikipedia.org/wiki/Nur_Misuarihttp://en.wikipedia.org/wiki/Nur_Misuarihttp://en.wikipedia.org/wiki/Johnson_South_Reef_Skirmishhttp://en.wikipedia.org/wiki/Spanish%E2%80%93Moro_conflicthttp://en.wikipedia.org/wiki/Moro_rebellionhttp://en.wikipedia.org/wiki/Moro_rebellionhttp://en.wikipedia.org/wiki/Philippine_resistance_against_Japan#Moro_resistance_on_Mindanao_and_Suluhttp://en.wikipedia.org/wiki/Philippine_resistance_against_Japan#Moro_resistance_on_Mindanao_and_Suluhttp://en.wikipedia.org/wiki/Moro_rebellionhttp://en.wikipedia.org/wiki/Moro_rebellionhttp://en.wikipedia.org/wiki/Spanish%E2%80%93Moro_conflicthttp://en.wikipedia.org/wiki/Johnson_South_Reef_Skirmishhttp://en.wikipedia.org/wiki/Nur_Misuarihttp://en.wikipedia.org/wiki/Nur_Misuarihttp://en.wikipedia.org/wiki/Moro_National_Liberation_Fronthttp://en.wikipedia.org/wiki/Moro_insurgency_in_the_Philippineshttp://en.wikipedia.org/wiki/Moro_insurgency_in_the_Philippineshttp://en.wikipedia.org/wiki/Moro_peoplehttp://en.wikipedia.org/wiki/Admiralty_lawhttp://en.wikipedia.org/wiki/Res_nulliushttp://en.wikipedia.org/wiki/United_Nations_Convention_on_the_Law_of_the_Seahttp://en.wikipedia.org/wiki/United_Nations_Convention_on_the_Law_of_the_Seahttp://en.wikipedia.org/wiki/Nautical_milehttp://en.wikipedia.org/wiki/Nautical_milehttp://en.wikipedia.org/wiki/Kalayaan,_Palawanhttp://en.wikipedia.org/wiki/De_jurehttp://en.wikipedia.org/wiki/Taiping_Islandhttp://en.wikipedia.org/wiki/Taiping_Islandhttp://en.wikipedia.org/wiki/Republic_of_Chinahttp://en.wikipedia.org/wiki/Tomas_Clomahttp://en.wikipedia.org/wiki/San_Francisco_Treatyhttp://en.wikipedia.org/wiki/Res_nulliushttp://en.wikipedia.org/wiki/Res_nulliushttp://en.wikipedia.org/wiki/Panama_Canalhttp://en.wikipedia.org/wiki/Suez_Canal

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RESOLUTION

1. Following a 1995 dispute between the PRC and the Philippines, an ASEAN-brokered

agreement was reached between the PRC and ASEAN member nations whereby one

country would inform the other of any military movement within the disputed territory, and

that there would be no further construction.

The agreement was promptly violated by PRC and Malaysia: claiming storm damage,

seven PLA Navy vessels entered the area to repair "fishing shelters" in Panganiban

Reef(Mischief Reef); Malaysia erected a structure on Investigator Shoal and landed at Rizal

Reef (Commodore Reef). In response, the Philippines lodged formal protests, demanded the

removal of the structures, increased naval patrols in Kalayaan, and issued invitations to

American politicians to inspect the PRC bases by plane.

2. Based on the geographical basis the Philippines has its claim to the said island. Even if

there is a provocation of war between Philippines and China, the government should not

surrender the said island because if we surrender this island it is just like letting them

invade our country. We are not talking here about being greedy but if we let them take

control of that island we are just like letting them to bully us.

PHILIPPINE POSITION ON THE SAID ISSUE

On 23 May 2011, Philippine President Benigno Aquino III warned the visiting Chinese

Defense Minister Liang Guanglie of a possible arms race in the region if tensions worsened over

disputes in the South China Sea. In March, the Philippines complained that Chinese patrol boats had

harassed a Philippine oil exploration vessel in disputed waters near the Spratlys, and subsequentlyfiled a formal protest at the International Tribunal for the Law of the Sea (ITLOS).

On 22 January 2013, the Philippines submitted a case to the International Tribunal for the

Law of the Sea (ITLOS).

Philippine Justice Antonio T. Carpio states that the case is solely a maritime dispute, and not

territorial in nature. The Philippines seeks clarification from the tribunal as to whether China's 9-

dashed line can negate the Philippines' Exclusive Economic Zone as guaranteed under the United

Nations Convention on the Law Of the Sea (UNCLOS), of which China is a signatory. As part of the

case, the Philippines also seeks clarification on whether rocks above water only at high tide, (such

as Scarborough Shoal), generate a 200-nautical-mile (370 km; 230 mi) EEZ, or only a 12-nautical-

mile (22 km; 14 mi) territorial sea. Clarification of whether China can appropriate low-tide elevations,

such as the Mischief Reef and the Subi Reef within the Philippines' EEZ, have also been included in

the case. "The Philippines is not asking the tribunal to delimit by nautical measurements overlapping

EEZs between China and the Philippines. The Philippines is also not asking the tribunal what

country has sovereignty over an island, or rock above water at high tide, in the West Philippine Sea

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CASE ANALYSIS: for illiterate voters

There is no literacy qualification for voting. My advice to A is that,anyone who is illiterate

can ask the polling officer at the polling station to mark their ballot, or take a companion to help

them.

The Constitution provides that until Congress shall have provided otherwise, illiterate and

disabled voters shall be allowed to vote under existing laws and regulations (Art, V, Sec. 2). It is

necessary for any qualified voter to register in order to vote. (Omnibus Election Code, Sec. 115) In

the case of illiterate and disabled voters, their voter's affidavit may be prepared by any relative within

the fourth civil degree of consanguinity or affinity or by any member of the board of election

inspectors who shall

prepare the affidavit in accordance with the data supplied by the applicant. (Id.,

sec. 127)

WHAT IS ABSENTEE VOTING?

An absentee voting is a vote cast by someone who is unable or unwilling to attend the

official polling station or to which the voter is normally allocated. Numerous methods have been

devised to facilitate this. Increasing the ease of access to absentee ballots is seen by many as one

way to improve voter turnout, though some countries require that a valid reason, such as infirmity or

travel, be given before a voter can participate in an absentee voting.

Tennessee has two forms of absentee voting: (1) Absentee in person, which is better known

as early voting, and (2) Absentee by mail, which is commonly called by-mail voting.

CASE ANALYSIS: CITIZENSHIP OF FPJ

Fernando Poe Jr. whosborn in the Philippines, a son of an American Bessie Kelly and

Filipino Allan Fernando Poe Sr. and born before January 17, 1973 is considered as a Filipino

citizen because of some reason. First is his father let his surname used by his son Fernando Poe

Jr. making him as a legal son of his father. Second, if a person was born on or after May 14, 1935

and the father was a Philippine citizen or, if the father was not, the mother was a Philippine citizen

and the person elected Philippine citizenship pursuant to the provisions of the 1935 Constitution

the person becomes a Filipino citizen(Philippine nationality law). Third, he can assumed to have

naturalized his citizenship as a Filipino because he lives in the Philippines for more than ten years,

has a good moral character (testified by his friends), has a lawful occupation, he knows how to

speak English & Filipino and in his early childhood, enrolled in a private schools recognized by the

Bureau of Public Schools of the Philippines. These are clear proof that FPJ is a Filipino Citizen.

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HOW DOES A BILL BECOMES A LAW?

Step 1: To initiate the law-making process, the proposed bill is signed by its author and filed

with the Secretary of the either the Lower House (for congressmen) or the Senate (for

senators).

Step 2: The bill will go through three readings. On the First Reading, the number and title of the

bill is read, followed by its referral to the appropriate committee for study.

Step 3: On the Second Reading, the bill is read in full along with amendments proposed by the

committee who studied it. The bill is then subjected to debates and discussion by the

members of the House where it was filed.After extensive discussion, the bill will be voted on. If

approved, it would go through a third reading.

Step 4: On Third Reading, the bill will be submitted for a final vote. If approved again, it shall be

transmitted to the other House for concurrence. The other House will go through the same

process of having three readings.

Step 5: If the other House introduces amendments and the House from which the bill originated

does not approve of the amendments, the differences will be settled by a meeting of the

Conference Committees of both Houses, whose recommendations will have to be approved by

both Houses.

Step 6: Once the bill is approved, it is transmitted to the President of the Philippines for

signature. The President may then either sign the bill to indicate approval, or veto the bill to

indicate disapproval. If approved, the bill officially becomes a law.

Step 7: If the President decides to exercise his veto powers, the Congress may re-pass the

vetoed bill if two-thirds of both Houses, voting separately, approve its enactment. In this

case, the bill also officially becomes a law.

Source: The Manila Survival Guide

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