Domestic judicial decision · 16 August 2011

Magallona v. Ermita: the Sabah reservation retained

Domestic judicial decisionText & source links
Open source reading copy

In Magallona v. Ermita, the Philippine Supreme Court confirmed that the 2009 baselines law had not repealed the Sabah reservation in the 1968 statute. The decision documents the claim’s persistence in Philippine law; it did not decide sovereignty between the Philippines and Malaysia.

A later law raises the question again

Litigation over the Philippines’ 2009 baselines law required the Supreme Court to consider the existing statutory reservation concerning Sabah. The decision records the claim’s survival in Philippine law. Its relevance is that domestic continuity, rather than an international adjudication of territorial ownership.

Why this record matters

A later baselines statute did not erase the reservation in Philippine law. The case concerns domestic legislation; its significance here is continuity of the claim.

Sources & further reading

01
Magallona v. Ermita: the statutory Sabah claim

Supreme Court of the Philippines · Lawphil reading copy

Magallona v. Ermita, G.R. No. 187167, 16 August 2011, majority decision, section ‘Statutory Claim Over Sabah under RA 5446 Retained’.