.' •.

PHILIPPINE :MISSION TO THE UNITED NATIONS

1:!1 iO:ASf 6 T' liiTRUY

NliW 'I'Oft &It NllW t ORK

YUKO 1·1100

14 June 1963

Excellency:

On instructions from my Government, I have

the honor to enclose herewith, for your information,

drawing your attention to paragraphs 10 and ll in particular,

a message which I received from the Secretary of Foreign

Affairs.

Accept, Excellency, the assurances of my

highest consideration.

Enclosure:

As stated.

The Secretary-General United Nations New York City MESSAGE RECEIVED VIA RCA TELEX 14 JUNE 19 63

MIS UN PHIL NEW YORK

2090 FOLLOWING IS FULL TEXT OF "REPORT AND RECOM­ MENDATIONS OF THE CONFERENCE OF THE FOREIGN MINISTERS OF THE THE REPUBLIC OF AND THE REPUBLIC OF THE TO THEIR RESPECTIVE HEADS OF GOVERNMENT''

"THE GOVTS OF THE FEDERATION OF MALAYA, THE REPUBLIC OF INDONESIA AND THE REP OF THE PHILIPPINES, PROMPTED BY THEIR KEEN AND COMMON DESIRE TO HAVE A GENERAL EXCHANGE OF VIEWS ON CURRENT PROBLEMS CONCERNING STABILITY • SECURITY • ECONOMIC DEVELOPMENT AND SOCIAL PROGRESS OF THE THREE COUNTRIES AND OF THE REGION AND UPON THE INITIATIVE OF PRES , AGREED THAT A CONFERENCE OF MINISTERS OF THE THREE COUNTRIES BE HELD IN MANILA ON 7TH JUNE 1963 FOR THE PURPOSE OF ACHIEVING COMMON UNDERSTANDING AND CLOSE FRATERNAL COOPERATION AMONG THEMSELVES. ACCORDINGLY, TUN ABDUL RAZAK, DEPUTY PRIME MINISTER OF THE FEDERATION OF MALAYA SMCLN DR. SUBANDRIO, DEPUTY FIRST MINISTER/MINISTER FOR FOREIGN AFFAIRS OF THE REP OF INDONESIA SMCLN AND HON EMMANUEL PELAEZ, VICE PRESIDENT OF THE PHILIPPINES AND CONCURRENTLY SECFORAF, MET IN MANILA FROM 7 TO 11 JUNE 1963.

2. THE DELIBERATIONS WERE HELD IN A FRANK MANNER AND IN A MOST CORDIAL ATMOSPHERE IN KEEPING WITH THE SPIRIT OF FRIENDSHIP PREYAILING IN THE V ARlOUS MEETINGS HELD BETWEEN PRES SUKARNO OF THE REP OF INDONESIA, AND PRES DIOSDADO MACAPAGAL. THIS MINISTERIAL CONFERENCE WAS A MANIFESTATION OF THE DETERMINATION OF THE NATIONS IN THIS REGION TO ACHIEVE CLOSER COOPERATION IN THEIR ENDEAVOUR TO CHART THEIR COMMON FUTURE.

3. THE MINISTERS WERE OF ONE MIND THAT THE THREE COUNTRIES SHARE A PRIMARY RESPONSIBILITY FOR THE MAINTENANCE OF THE STABILITY AND SECURITY OF THE AREA FROM SUBVERSION IN ANY FORM OR MANIFESTATION IN ORDER TO PRESERVE THEIR RESPECTIVE NATIONAL IDENTITIES, AND TO ENSURE THE PEACEFUL DEVELOPMENT OF THEIR RESPECTIVE COUNTRIES AND OF THEIR REGION, IN ACCORDANCE WITH THE IDEALS AND ASPIRATIONS OF THEIR PEOPLES.

4. IN THE SAME SPIRIT OF COMMON AND CONSTRUCTIVE ENDEAVOUR, THEY EXCHANGED VIEWS ON THE PROPOSED CONFEDERATION

OF NATIONS - 2 -

OF NATIONS OF MALAY ORIGIN, THE PROPOSED FEDERATION OF , THE PHIL CLAIM TO NORTH AND RELATED PROBLEMS.

THE MACAPAGAL CLAIM

5. RECOGNISING THAT IT IS IN THE COMMON INTEREST OF THEIR COUNTRIES TO MAINTAIN FRATERNAL RELATIONS AND TO STRENGTHEN COOPERATION AMONG THEIR PEOPLES WHO ARE BOUND TOGETHER BY TIES OF RACE AND CULTURE, THE THREE MINISTERS AGREED TO INTENSIFY THE JOINT AND INDIVIDUAL EFFORTS OF THEIR COUNTRIES TO SECURE LASTING PEACE, PROGRESS AND PROSPERITY FOR THEMSELVES AND FOR THEIR NEIGH .BOURS.

6. IN THIS CONTEXT,. THE THREE MINISTERS SUPPORTED PRES MACAPAGAL'S PLAN ENVISAGING THE GROUPING OF THE THREE NATIONS OF MALAY ORIGIN WORKING TOGETHER IN CLOSEST HARMONY BUT WITHOUT SURRENDERI:NG ANY PORTION OF THEIR SOVEREIGNTY. THIS CALLS FOR THE ESTABLISHMENT OF THE NECESSARY COMMON ORGANS.

7. THE THREE MINISTERS AGREED TO TAKE THE INITIAL STEPS TOWARDS THIS ULTIMATE AIM BY ESTABLISHING MACHINERY FOR FREQUENT AND REGULAR CONSULTATIONS. THE DETAILS OF SUCH MACHINERY WILL BE FURTHER DEFINED. THIS MACHINERY WILL ENABLE THE THREE GOVTS TO HOLD REGULAR CONSULTATIONS AT ALL LEVELS TO DEAL WITH MATTERS OF MUTUAL INTEREST AND CONCERN CONSISTENT WITH THE NATION~, REGIONAL AND INTER­ NATIONAL RESPONSIBILITIES OR OBLIGATIONS OF EACH COUNTRY WITHOUT PREJUDICE TO ITS SOVEREIGNTY AND INDEPENDENCE. THE MINISTERS AGREED THAT THEIR COUNTRIES WILL ENDEAVOUR TO ACHIEVE CLOSE UNDERSTANDING AND COOPERATION IN DEALING WITH COMMON PROBLEMS RELATING TO SECURITY, STABILITY, ECONOMIC, SOCIAL AND CULTURAL DEVELOPMENT.

8. IN ORDER TO ACCELERATE THE PROCESS OF GROWTH TOWARDS THE ULTIMATE ESTABLISHMENT OF PRES MACAPAGAL'S PLAN, THE MINISTERS AGREED THAT EACH COUNTRY SHALL SET UP ITS OWN NATIONAL SECRETARIAT. PENDING THE ESTABLISHMENT OF A CENTRAL SECRETARIAT FOR THE CONSULTATIVE MACHINERY, THE NATIONAL SECRETARIES SHOULD COORDINATE AND COOPERATE WITH EACH OTHER IN THE FULFILLMENT OF THEIR TASKS.

9. THE MINSTERS •

- 3 -

9. THE MINISTERS FURTHER AGREED TO RECOMMEND THAT HEADS OF GOVT AND FOREIGN MINISTERS MEET AT LEAST ONCE A YEAR FOR THE PURPOSE OF CONSULTATIONS ON MATTERS OF IMPORTANCE AND COMMON CONCERN.

MALAYSIA AND NORTH BORNEO

10. THE MINISTERS REAFFIRMED THEIR COUNTRIES' ADHERENCE TO THE PRINCIPLE OF SELF-DETERMINATION FOR THE PEOPLES OF NON-SELF-GOVERNING TERRITORIES. IN THIS CONTEXT, INDONESIA AND THE PHIL STATED THAT THEY WOULD WELCOME THE FORMATION OF MALAYSIA PROVIDED THE SUPPORT OF THE PEOPLE OF THE BORNEO TERRITORIES IS ASCERTAINED BY AN INDEPENDENT AND IMPARTIAL AUTHORIT .~'- THE SECRETARY-GENERAL OF THE UNITED NATIONS OR HIS REPRESENTATIVE.

11. THE FED OF MALAYA EXPRESSED APPRECIATION FOR THIS ATTITUDE OF INDONESIA AND THE PHIL AND UNDERTOOK TO CONSULT THE BRITISH GOVT AND THE GOVTS OF THE BORNEO TERRITORIES WITH A VIEW TO INVITING THE SEC-GENERAL OF THE UNITED NATIONS OR HIS REPRESENTATIVE TO TAKE THE NECESSARY STEPS IN ORDER TO ASCERTAIN THE WISHES OF THE PEOPLE OF THOSE TERRITORIES.

12. THE PHILIPPINES MADE IT CLEAR THAT ITS POSITION ON THE INCLUSION OF NORTH BORNEO IN THE FED OF MALAYSIA IS SUBJECT TO THE FINAL OUTCOME OF THE PHIL CLAIM TO NORTH BORNEO. THE MINISTERS TOOK NOTE OF THE PHIL CLAIM AND f!'HE RIGHT OF THE PHIL TO CONTINUE TO PURSUE IT IN ACCORDANCE WITH INTL LAW AND THE PRINCIPLE OF THE PACIFIC SETTLEMENT OF DISPUTES. THEY AGREED THAT THE INCLUSION OF NORTH BORNEO IN THE FED OF MALAYSIA WOULD NOT PREJUDICE EITHER THE CLAIM OR ANY RIGHT THEREUNDER. MOREOVER, IN THE CONTEXT OF THEIR CLOSE ASSOCIATION, THE THREE COUNTRIES AGREED TO EXERT THEIR BEST ENDEAVOURS TO BRING THE CLAIM TO A JUST AND EXPEDITIOUS SOLUTION BY PEACEFUL MEANS, SUCH AS NEGO­ TIATION, CONCILIATION, ARBITRATION, OR JUDICIAL SETTLEMENT AS WELL AS OTHER PEACEFUL MEANS OF THE PARTIES' OWN CHOICE, IN CONFORMITY WITH THE CHARTER OF THE UNATIONS AND THE BANDUNG DECLARATION.

13. IN PARTICULAR, CONSIDERING THE U.. OSE HISTORICAL TIES BETWEEN THE PEOPLES OF THE PHIL AND NORTHBORNEO AS WELL AS THEIR GEOGRAPHICAL PROPINQUITY, THE MINISTERS

AGREED •

- 4 -

AGREED THAT rn THE EVENT OF NORTH BORNEO JOINING THE PROPOSED FED OF MALAYSIA THE GOVT OF THE LATTER AND THE GOVT OF THE PHIL SHOULD MArnTArn AND PROMOTE THE HARMONY AND THE FRIENDLY RELATIONS SUBSISTlliG IN THEIR REGION TO ENSURE THE SECURITY AND STABILITY OF THE AREA.

MEETING OF HEADS OF GOVT

14. THE MlliiSTERS AGREED TO RECOMMEND THAT A MEETlliG OF THEIR RESPECTIVE HEADS OF GOVT BE HELD IN MANILA NOT LATER THAN THE END OF .

15. THE MlliiSTERS EXPRESSED SATISFACTION OVER THE ATMOSPHERE OF BROTHERLINESS AND CORDIALITY WHICH PERVADED THEIR MEETlliG AND CONSIDERED IT AS A CONFIRMATION OF THEIR CLOSE FRATERNAL TIES AND AS A HAPPY AUGURY FOR THE SUCCESS OF FUTURE CONSULTATIONS AMONG THEIR LEADERS.

16. THE Mll..USTERS AGREED TO PLACE ON RECORD THEIR PROFOUND APPRECIATION OF AND GRATITUDE FOR THE STATESMAN­ LIKE EFFORTS OF PRES MACAPAGAL WHOSE COURAGE, VISION AND INSPIRATION NOT ONLY FACILITATED THE HOLDlliG OF THIS HISTORIC MEETII\TG BUT ALSO CONTRIBUTED TOWARDS THE ACHIEVEMENT FOR THE FIRST TIME OF A UNITY OF PURPOSE AND A SENSE OF COMMON DEDICATION AMONG THE PEOPLES OF MALAYA, lliDONESIA AND THE PHILIPPINES II.

SECFORAF

### c 0 p y Mr. Jim~ez of the Philippines ~fission telephoned the following measage to Mr. Rolz-Bennett today:

The Philippines Government accepts Mr. Mackenzie as a United Nations observer to the summit meeting (to be held from 30 July to 2 August) - as a consultant available to Heads of Governments for technical advice.

Mr. l~ckenzie to·act as channel to and from the Secretary-General. He would also advise concerning all questions relating to the form, timing and proce­ dures .for ascertaining the wishes of the inhabitants of the Borneo territories. l (copy to Secretary-General, Mr. Narasimhan) PHILIPPINE MISSION TO THE UNITED NATIONS

CONFIDENTIAL 13 EAST 88TH IITRIDT NEW YORK &1, NEW VOAK

YUKON 8··100

11 July 1963

Deat Mr. Bennett:

Confirming our telephone conversation this morning, I wish to inform you that I have been instructed by my Government to advise the Secretary-General that the Philip­ pines accepts Mr. Alfred MacKenzie as United Nations ob­ server to the summit talks scheduled to be held in Manila from 30 July to 2 . The role of Mr. MacKenzie 11 will be that of consultant available to Heads of Government for technical advice on various matters particularly United Nations Secretary-General views on form, timing and pro­ cedure for ascertaining the wishes of the inhabitants of the Borneo territories. 11

Sincerely yours,

~V ~O<::iG""". t-fjf-A' ,.;;;::;;-._. Deputy Permanent Represe tative Charge d 1Affaires, a. i.

The Honorable Jose Rolz-Bennett Deputy Chef de Cabinet United Nations Secretariat New York, New York Manila, August 7, 1963

My dear Mr. Secretary-General:

I have the honor to inform you that the bearer of this

Letter, Ambassador Narciso G. Reyes, has b een entrusted with the task of c onveying to you the views of the Philippine

Gov ernment with respect to the request addressed to you by the Governments of the Republic of Indonesia, the Fede- ration of Malaya, and the R e public of the Philippines to ascertain the wishes of the people of (North Borneo) a nd in a ccordance with the agreement of the Heads of Government of these three countries concluded during their Summit Conference in Manila from 30 J uly to 5 August,

1963.

Ambassador Reyes' special mis s i on is motivated by the s incere desire of the P hilippine Governme nt to assist in all appropriate ways in fa cilitating the impl ementation of this important task, the succ ess of which is of the greatest i mpor- tance to the best interests, immediate as well as long-range, of the three c ountries concerned.

It is my earnest hope that you will receive Amba s sador

Reyes in this spirit and take into account the views he will

p resent

His E x cellency

U Thant

Secretar y-General of

the United Na tions

New Y ork "

- 2 -

present in the light of the special position of the Philippine

Government as host to the recently concluded Summit

Confe renee in Manila.,

I take this opportunity to extend you, Mr. Secretary­

General, the renewed assurances of my highest consideration.

Secretary of Foreign Affairs Cc,

PHILIPPINE MISSION TO THE UNITED N A.TIONS

9 August 1963 13 EA~T 65TH STREET NltW YORK 21, NEW YORK

YUKON 8-11100

Excellency:

i have the honor to acknowledge the receipt of your letter dated 8 August 1963 requesting transmittal by telegram of your communication to His Excellency, the

Secretary of Foreign Affairs of the Republic of the Philippines.

Your communication has been transmitted this morning to the Secretary of Foreign Affairs.

Accept, Excellency, the renewed ,assurances of my highest conside ration.

Deputy Permanent Represe Charge d'Affaires, a. i.

His E xcelle n c y

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United Nations

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I b&Ye the h rece;lpt. ol your let.t..- ot .30 Augut. 1963 coDC t • q t.ica ot t • obeerYera vbic , accorGling tot MutUa ....ta, are to witn•• t he t.aak or t he United :tiona t amt to Sarawak &DCl ,zoth Bol'l'leO ( ) to aacert.ain t he wiah• ot the populat1.on in relation t o the tabla t or t projec:t.ecl Federation ot ia.

ve taken note ot the tOI'Ml. prot.ut ot the .Ph1lipp1n · Go·Ym~mt a t vbat it co 1AMra t dilatoey t&ctica or t.h Uait ecl 1n GoTG'DIMilt in the • t ter or uteDding f acilitiea &1Jd crant1D8 Ti_. to a c.e -~ ot the Pb1l.1ppine observer t ....

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Accept, , the uaurancea or ~ hisJl t conaideration.

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k l ~ aeaaa lfr. ~ I acknowledge receipt of your letter of 30 August 1963 concerning I the question of the observers which, according to the Manila Agreements, are to witness the task of the UN teams sent to Sarawak and North Borneo (Sabah) to ascertain the wishes of the population in relation to the establishment of the projected Federation of Malaysia.

I can assure you that instructions have been given to row representative to take all appropriate measures in order to facilitate their task. I am now told that all the observers have agreed with row representative on the progranune of work for the r emaining part oy th~ o~tion ~ ' ~~ ~ 2; ' burs ei nc•rely1

U Thant PHILIPPINE MISSION TO THE UNITED NATIONS

IS EAST BOTH STREET 30 August 1963 NEW YORK 21, NEW YORK

YUKON 8·9100

Excellency:

I have the honor to register the formal protest of the Philippine Government against the dilatory tactics of the Government of the United Kingdom in the matter of extend- ing all the necessary facilities to enable the Philippine ob­ servers to fulfill the function, assigned to them under the Manila agreements, of witnessing the ascertainment by your ExceDency1 s Representative of the wishes cof the people of Sarawak and Sabah (North Borneo) concerning the establishment of the projected Federation of Malaysia. In particular, the denial of visas to the Philippine Junior Assistants after they had been certified as such by the Philippine Government is tantamount, in our view1 to quibbling over an unimportant tech­ nicality to the extent of jeopardizing the entire structure of the Manila agreements as well as the ascertainment operation itself.

This uncooperative attitude of the United Kingdom Government is all the more difficult to understand in view of the good faith shown throughout the negotiations by the Philippine Government. Our acceptance of, and immediate compliance with your Excellency• s compromise suggestion of sending four observers and four junior assistants to Singapore was the culminating evidence of a reasonable and cooperative attitude that had been clearly manifested at all stages of those negotiations. The delay in the arrival of Philippine observers in Sarawak and Sabah (North Borneo) has been due entirely to the afore-mentioned dilatory tactics of the United Kingdom Government.

These dilatory tactics and the rapid development of the ascertain­ ment operation appear likely to render academic the question of

enabling Philippine

His Excellency The Secretary-General United Nations, New York - 2 -

enabling Philippine observers to witness the operation in accordance with the Manila agreements. In the circumstances the Philippine Government, while reiterating its faith in your Excellency• s unquestioned integrity and sense of fairness, would be obliged to reserve its position with respect to the results of the ascertainment operation.

Accept, Excellency, the renewed assurances of my highest consider­ ation. -

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..

cc: /s.G. l:r. Narasimhan Mr. Rolz-Bennett l-1r. Hichelmore • Janecek Registry UNITED NATIONS • NATIONS UNIES

~ NEW YORK

I"IL~ NO , l PO 240

«"

13 EAST 88TH ·T~EET 14 January 1964 NIW YO,.K, N. Y. 10021

YUKON 8·8100

Excellency:

I have the honor to reproduce hereunder the substantive portions of a joint statement signed on January 11, 1964 by

President Sukarno of Indonesia and President Macapagal of the Philippines upon the conclusion of their five-day meetings in Manila:

"1. The two Presidents reaffirmed their adherence to the principles of the Manila agree­ ment and reiterated their faith in Maphilindo as an effective vehicle for devising Asian solutions to Asian problems by Asians and themselves.

11 2. Accordingly, the two Presidents con­ sidered it essential to strengthen Maphilindo as a living reality, in the firm belief that within its framework constructive and equitable solutions can be found for many of the serious problems of the region, including those arising from the formation of the "Federation of Malaysia't, the promotion of regional security, and the development of regional economic cooperation. Maphilindo as a living real­ ity has helped to prevent a final and irreparable disruption of normal and friendly relations among the three partners, the present difficulties amongst them being temporary in nature.

11 3. The two

His Excellency The Secretary-General United Nations, New York .. 2 ..

11 3. The two Presidents noted it with regret that the present "Mushawara" included only two of the three signatories to the 1\iranila agreements, but expressed the hope that the next "Mushawara" will witness the participation of all. They made it clear that the present meeting has been devoted to peaceful and constructive ends in an effort to forge anew a lasting unity amongst the three members of Maphilindo.

"4. In this context, the two presidents remain convinced that the present crisis over Malaysia can be solved by firm adherence to the spirit and princi­ ples of the Manila agreements •. They cherish the hope that a tripartite "Mushawara" could be convened to re­ solve existing differences amongst the three signatories to the agreements.

"5. President Sukarno elaborated upon the meaning of the Indonesian policy of confrontation as follows:

1lt is not a policy of aggression, much less a policy of territorial expansion. Its main purpose is to oppose the neo-colonialist policy of an outside power which, by distorting the pro .. cedures laid down in the Manila agreements for the ascertainment of the wishes of the peoples concerned regarding the establishment of Malaysia, is bent on wrecking Maphilindo. This divide and rule policy, backed by preponderant military force, can only be checked by a firm defensive policy of confrontation, lest the national independence and security of countries of this region succumb to foreign domination. 1

1 ' 6. President Macapagal, bespeaking the sentiments of the Filipino people, expre ssed the hope that in keeping with the basic purpose of M a philindo a ll the signatories to the Manila agreements, in the face of the present crisis, shall exercise moderation a nd restraint in order than an early settleme nt of the differences amongst them may be reached through p eaceful mea.ns.

"7. President Sukarno reassured President Macapagal of the support of Indonesia fo r the Philippine claim to Sabah within the framework of the principle of self-determination. Pre sident M acapagal expressed appreciation for this re­ a ssurance.

8. The two Presidents - 3

''8. The two Presidents noted with satisfaction that the principles and purposes of Maphilindo are gradually being understood and appreciated by nations outside the Maphi1indo area. They share the confident hope that Maphilindo will find ever increasing accept­ ance amongst the peoples of the region, in line with the world-wide trend towards closer cooperation among neighboring countries animated by a common desire for peace, prosperity and security under the aegis of free­ dom and justice.

. ''9. In order to strengthen the economic relations between the two countries, discussions were held on problems relating to trade and economic rna tters. Using as basis the Philippine -Indonesian trade and economic agreements signed in Djakarta on May 27, 1963, meetings were held to review the implementation thereof. It was agreed to extend the agreements to the end of 1965.

11 10. Regarding trade, agreement was reached to expand the volume of tra d e for the year 1964 above the levels previously agreed upon. Problems connected with trade were discussed and obstacles removed, parti­ cularly those governing payment arrangements and SEA communications.

11 11. Regarding economic coope ration, the conver­ sations explored further and in detail joint cooperation in the exploitation of forestry and fisheries reso1.1rces. Arrangements were discussed for the processing of raw materials from Indonesia and the Philippines in Philippine and Indonesian industries having unused capacities.

11 12. On scientific and technical cooperation, the two countries agreed to expand the program for the exchange of trainees, particularly in the fields of agri­ culture and forestry.

11 13. The r emaihing administrative difficulties in the Philippines to the granting of limited tra~-f.~C:: rights to Garuda Indonesian Airways were also resolved.

11 14. It was agreed that the Philippine-Indonesian Coconut Commission will formally be in operation as of today, J anuary 11, 1964. This Commission, e ntrusted with the continuing r e search, development and promotion of the coconut industry, is open to other coconut-producing countries.

15. Agree ment was 4 -

"15. Agreement was also reached to establish the administrative machinery: (1) for the promotion and expansion of commercial and economic relations between the two countries, (2) for the preparation of th.e groundwork for processing arrangements and (3) for the continued implementation of the provisions of the agreements.

"16. The two countries agreed on regular con­ sultations with respect to the full implementation of the Philippine-Indonesian trade and economic agree­ ments.

"President Sukarno expressed his deep appreciation for the cordial reception and hospitality extended to him and the members of his party by President Macapagal. The two presidents noted with gratification the fruitful results of this first "Mushawara" since the inception of Maphilindo which provided tangible evidence of its valid­ ity and its usefulness to its members and to the region as a whole."

I would appreciate it if the above could be circulated to Member

States for their information.

Accept, Excellency, the renewed assurances of my highest con- side ration.

7

JACINTO CASTEL bassador Extraordinary a Plenipotentiary Permanent Representative AD/vb

1 Pebru&rT 1964

Sir1

to tran.-1~ \he toll o • r tor relp U1'a1n

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TEXT OF PHILIPPINE NOTE OF 18TH SEPTEMBER , 1968 INCLUDING ALSO LETTER SIGNED BY PRESIDENT MARCOS

•Sir: Today, I signed into law Senate Bill No. 954. entitl ed 'An Act to amend one of Republic Act numbered Thirty Hundred and Forty Six entitled 'An Act to define the baselines of the territorial sea of the Philippines'. In signing the measure, I have ascertained t hat the t ext and intent of the statute do not contemplate the physical incorporation of Sabah into the National territory of t he Philippines. Section 2 of the statute simply restat es the l ong held and well known Philippine position that the Republic has acquired sovereignty and over the territory of Sabah in accordance with a series of events, acts, agreements and transactions, including the Deed of Cession of 1962. At this juncture, it is pertinent to declare once again our basic policy that the Philippine will pursue its right to Sabah by peaceful means. Our constitution renounces war as an i nstrument of national policy and we are irrevocably committed to the principle of the United Nations binding member states to the pacific settlement of their international disputes. The Malaysian Government in its note verbale No.6/66 dated 7 February, 1966, put it on record ''that it has never moved away from the Manila Accord of July 31, 1963 and the j oint statement accompanying it and reiterates its assurance that it will abide by these agreements particularly paragraph 12 of said

Manila Accord and paragraph 8 of the Joint Statement. '4 Paragraph 12 of the Manila Accord provides as follows: - "The Philippines made it clear t hat its position on the inclusion of North Borneo in the Federation of Mal aysia is subject to the final outcome of the Phi l ippine claim to North Borneo. The Ministers t ook note of t he Phili ppine claim and

- 2 - - 2 - in accordance with Internation Law and the Principle of pacific settlement of disputes, they agreed that the inclusion of North Borneo in the Federation of Malaysia would not prejudice either the claim or any right thereunder. Moreover in the context of their close association the three countries agreed to exert their best endeavours to bring the claim to a just and expeditious solution by peaceful means, such as negotiation, conciliation, arbitration, or judicial s ettlement as well as other peaceful means of the parties own choice in conformity with the charter of the United Nations and the

Bandung Declaration. 11 The foregoing was reiterated in paragraph 8 of the Joint Statement as follows:- "···· The three Heads of Government take cognizance of the position regarding the Philippine Claim to Sabah (North Borneo) after the establishment of the Federation of Mal aysia as provided under paragraph 12 of the Manila Accord that is the inclusion of Sabah (North Borneo) in the Federation of Malaysia does not prejudice either the claim or any right thereunder. 11 With reference to the present status of the so called "State of Sabah" our Aide Memoire of 15 November, 1964 as quoted in our Note Verbale No. 2587 dated 7 February, 1966 clear ly defines the Philippine position which was a condition precedent to the normalization of relations with Malaysia, as follows:-

ttThe Philippine Government is gratified to note the Malaysian Government's Statement to the effect 'that Malaysia has assumed all rights and obligations of the United Kingdom Government in respect of the State of Sabah as from 16 September,

1963 1 but desires to state that the establishment of t he so cal led 'State of Sabah 1 is, in the Philippine vi ew subject to serious dispute. I ndeed the Mal aysian Government could not have acqUired more rights in North Borneo than those possessed

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by the United Kingdom and the establishment of the 'Federation of Malaysia' cannot conceivably improve the standing of Malaysia

1 vis-a-vis the Philippines. ' We expect the parties concerned to honour their international obligations in this regard in the spirit of neighbourliness, friendship and brotherhood. Finally the Philippines has consistently r egar ded regional co-operation as the key of peace, progress and stability in this part of the world. We shall endeavour to make ASEAN an effective and dynamic entity truly r esponsi ve to the needs and aspirations of the ASEAN Nations.

Very truly yours,

Sgd. FERDINAND E. MARCOS President of the Philippines. 1'

The Government of the Philippines, therefore, regrets its inability to make any of the affirmations sought by the Malaysian Government in Note No. 44/68 of the Ministry of Foreign Affairs above-mentioned, all of which would violate the letter and spirit of the solemn agreements contained not only in para 12 of the Manila Accord of 31st July, 1963 and paragraph 8 of the joint statement accompanying it, but also in the exchange of Notes between the Philippine Government and the Malaysian Government dated 7th February, 1966 . The Philippine Government deplores the highly abusive and provocative l anguage used by the Malaysian Government in the Notes under acknowledgment in an unabashed effort to exert pressure upon and compel the President of the Philippines to counterma,nd a legitimate act of the Congress of the Philippines in the discharge of its sovereign legislative powers. This unwarranted interference by the Malaysian Government on a matter which is essentially within the domestic jurisdiction of the

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Philippine Government constitutes a flagrant violation of the U.N. Charter, condemned by U.N. General Assembly Resolution No. 2225 (XXXI ) dated 19th December, 1966

11 As a basic source of danger to the cause of world peace". This most unfortunate and deplorable reaction of Ma laysia to an act that is strictly within the internal jurisdiction of the Philippines only serves to underscore the existence of a serious legal dispute over North Borneo (Sabah) . It only proves that the continued refusal of Malaysia to s ubmit the dispute to t he International Court of Justice is not conducive to the peace and stability of South East Asia. Philippines Go vernment cannot accept the Malaysian

interpretation that the legislative act in question 11would compromise the sovereignty and territorial integrity of Malaysia... The fact is that even the secession of Singapore from the Federation was not deemed to have compromised the t erritorial integrity of Malaysia. The Department of Foreign Affairs avails itself of the opportunity to renew to the Embassy of Malaysia t he assurance of its highest consideration.