hermes dorado | G.R. NO. 157434. September 19, 2006 (Case Brief / Digest)

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The claim to Sabah, a Malaysian state bordering the southern Philippines, remains a contentious issue deeply rooted in history and fraught with political complexities. At the heart of this enduring debate is the figure of Engr. Hermes Dorado, a vocal advocate for the Philippine claim, who has consistently linked the abandonment of this claim to alleged secret agreements between key political figures. His assertions, while provocative, have fueled ongoing discussions and scrutiny, necessitating a thorough examination of his arguments and the historical context surrounding the Sabah issue.

Dorado's central argument hinges on the assertion that the Sabah claim was explicitly enshrined in the 1973 Philippine Constitution, only to be mysteriously removed from the 1987 Constitution under the Cory Aquino administration. He posits this deletion as a direct consequence of a supposed secret agreement brokered in 1983 between Ninoy Aquino (prior to his assassination) and an unnamed party, an assertion that has yet to be substantiated with concrete evidence. This narrative, widely circulated by Dorado and his supporters, paints a picture of a deliberate relinquishment of a legitimate Philippine claim, shrouded in secrecy and political expediency.

This article will delve into the intricacies of Dorado's claims, analyzing the historical evidence, legal precedents, and the broader political landscape surrounding the Sabah issue. We will explore the validity of Dorado's assertions regarding the 1973 and 1987 Constitutions, examine the role of the Marcos and Aquino administrations in shaping Philippine foreign policy regarding Sabah, and assess the accuracy of the information disseminated through various channels, including the controversial graphic that has been flagged by VERA Files as containing false and unproven claims. Finally, we will analyze relevant Supreme Court cases, specifically G.R. No. 192826 (February 27, 2013) and G.R. NO. 157434 (September 19, 2006), to understand the legal framework surrounding the Sabah claim and its implications.

The Sabah Claim was Enshrined in the 1973 Charter, Only to…

Dorado's narrative centers on the alleged inclusion of the Sabah claim in the 1973 Philippine Constitution. While the exact wording requires careful examination of the constitutional text, it's crucial to understand the political context of the 1970s under the Marcos regime. The claim to Sabah, rooted in historical arguments of inheritance and sovereignty, was a significant element of Philippine national identity during this period. The Marcos administration, aiming to consolidate power and project national strength, likely incorporated this claim into the constitution as a symbolic assertion of national sovereignty, even if the practical implications of enforcing such a claim were unclear.

The subsequent removal of this claim from the 1987 Constitution under Cory Aquino's administration forms the core of Dorado's argument. He attributes this removal to the aforementioned alleged 1983 agreement between Ninoy Aquino and an unspecified individual or entity. This assertion requires rigorous investigation. Did the 1973 Constitution truly explicitly state a claim to Sabah? What specific clauses were removed in the 1987 revision? And crucially, is there any verifiable evidence to support Dorado's claim of a secret agreement that led to this constitutional change? The lack of concrete evidence to support this narrative weakens its credibility.

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