[ MEMORANDUM CIRCULAR NO. 162, August 20, 2008 ]

GUIDELINES ON MATTERS PERTAINING TO NORTH BORNEO (SABAH)



WHEREAS, by virtue of Article 1 of the 1987 Philippine Constitution on National Territory, the Philippines has historical and legal right over certain parts of North Borneo (Sabah);

WHEREAS, it is in the national interest to safeguard the country's historical and legal right in North Borneo (Sabah);

WHEREAS, the Philippines believes in the peaceful resolution of disputes with neighboring countries as provided under the same Constitution, which expressly states that the Philippines adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations;

WHEREAS, there is a need for guidelines with regard to activities, acts or statements in relation to North Borneo (Sabah) for the protection of the said rights;

WHEREFORE, the following guidelines are hereby prescribed:

Section 1. No Department, agency, or instrumentality of the Philippine Government shall make any act or statement expressing or implying, directly or indirectly, any recognition of a foreign state's sovereignty over North Borneo (Sabah) or non-recognition of Philippine title or historical and legal rights to the same.

Section 2. Any official activity, act or statement relating to North Borneo (Sabah) or which may have bearing on the Philippine claim to said territory shall be carried out only with the clearance of or after consultations with the Department of Foreign Affairs.

Section 3. Reference to North Borneo (Sabah) in official documents should not include its being part of a larger national/federal territory. These documents include, but are not limited to, the following: Philippine passports, agreement, agreed minutes, joint communiques, record of discussions, and similar documents.

Section 4. Philippine government officials visiting North Borneo (Sabah) shall provide the DFA with a report on their travel thereto.

This Circular shall take effect immediately.

DONE in the City of Manila, this 20th day of August in the year of our Lord, Two Thousand and Eight.

By authority of the President:

(Sgd.) EDUARDO R. ERMITA
Executive Secretary