The Spratly Island1974- Tomas Cloma (Filipino lawyer-navigator) discovered

the group of islands.1956- Cloma issues “Proclamation to the whole worlds

asserting ownership by discovery and occupation of 33 islands of the Spratlies PROC and Vietnam immediately opposed

1971- Philippines sent a diplomatic note to Taipei demanding

the removal of their garrison in Iti Aba.1974- Cloma executed Deed of assignment and waiver of

rights to RP.- RP makes official declaration that it garrisoned 5

islands1978- PD 1596 was issued declaring most of the islands as

Philippine Territory and annexing them to Palawan Province as Kalayaan Group of Islands

1979- Philippines release map enclosing Kalayaan Group

within the archipelagoBasis of Philippine Claim

1. Contiguity or propinquity- Hinterlands theory: A state that considers an island or

group of islands as its natural hinterlands must be preferred as between claimants whose claims are uncertain

2. Abandonment and Occupation - Japan renounced island in Treaty of peace with the

Allies and their bilateral treaty of peace with China (however the treaty did not mention any beneficiary, this converted the island group into terra nullius

Venue for dispute1. ICJ2. ITLOS3. International Arbitral Tribunal4. Special Technical Arbitral Tribunal

Jurisdiction

Personal Jurisdiction- Power exercised by a state over its nationals wherever

they cmay be- Doctrine of Indelible Allegiance: an individual may be

compelled to retain his original nationality notwithstanding that he has already renounced or forfeited it under the laws of the second state whose nationality he has acquired.

Some manifestationsArticle 15 - Laws relating to family rights and duties, or to status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.

Territorial JurisdictionGeneral Rule: A state has jurisdiction over all persons and property within its territoryEasier to enforce than personal jurisdictionSubject to limitations

Exceptions to the rule on territorial jurisdiction1. Foreign states, head of states, diplomatic

representatives and consuls to a certain degree.2. Foreign state property, including embassies,

consulates and public vessels engaged in non commercial activities

3. Acts of state4. Foreign merchant vessels exercising the rights of

innocent passage or arrival under stress5. Foreign armies passing through or stationed in its

territories with its permission6. Such other persons or property, including

organizations like the UN over which it may by agreement waive jurisdiction