FACT CHECK: Cory Aquino administration aware of UNCLOS in 1988

Claim: The administration of former president Corazon Aquino was ignorant of the United Nations Convention on the Law of the Sea (UNCLOS) when China occupied Subi Reef in 1988.

Rating: FALSE

Why we fact-checked this: The Facebook video, posted on June 27, has gained 491,000 views, 12,000 reactions, and 1,100 shares from a page with 74,000 followers.

The video said: “Ayon sa mga naging pahayag ng eksperto ng mga panahong iyon, wala pa raw kaalam-alam ang Pilipinas o kahit ang mismong Aquino administration ukol sa UNCLOS.”

(According to experts during those times, the Philippines or even the Aquino administration itself had no knowledge of UNCLOS.)

The bottom line: Aquino was aware of UNCLOS as she signed an executive order that explicitly mentions the convention also known as the “constitution of the oceans.”

On June 5, 1988, Aquino signed EO No. 328 reconstituting the Cabinet Committee on the Law of the Sea, which had been established by virtue of EO No. 738 signed by Marcos in 1981.

EO 328 states the need to reconstitute the Cabinet Committee on the Law of the Sea “with representation from the government agencies to undertake studies concerning the implementation of the United Nations Convention on the Law of the Sea and the harmonization of domestic laws and regulations with the Convention, in preparation for its entry into force.”

According to Section 3 of the EO, among the functions and responsibilities of the Law of the Sea Secretariat, is to “monitor and coordinate agencies in the implementation of the United Nations Convention on the Law of the Sea.”

The Philippines and UNCLOS: The Philippines was one of the original signatories of UNCLOS in 1982 during the administration of former president Ferdinand E. Marcos. On May 8, 1984, the Philippines became the 11th state party to ratify the convention, which came into force on November 16, 1994.

According to the UN, the convention “lays down a comprehensive regime of law and order in the world’s oceans and seas establishing rules governing all uses of the oceans and their resources.” (READ: UN sea law lays down the rules for the planet’s oceans)

UNCLOS was the basis of the 2016 Hague ruling that struck down China’s expansive claim over the West Philippine Sea, a historic win for the Philippines.

Subi Reef: Subi Reef, locally known as Zamora Reef, is a low-tide elevation which is part of the contested Spratly Islands. In 1988, China occupied the reef, which is also being claimed by Taiwan and Vietnam.

In its 2016 ruling, the arbitral tribunal in The Hague ruled that Subi Reef is within the territorial sea of Thitu Island, also known as Pag-asa Island, which the Philippines has occupied since the early 1970s.

Rappler has previously published several fact-checks regarding dubious claims on the West Philippine Sea:

– Kyle Marcelino/Rappler.com

Kyle Marcelino is a graduate of Rappler’s fact-checking mentorship program. This fact check was reviewed by a member of Rappler’s research team and a senior editor. Learn more about Rappler’s fact-checking mentorship program here.

Keep us aware of suspicious Facebook pages, groups, accounts, websites, articles, or photos in your network by contacting us at factcheck@rappler.com. Let us battle disinformation one Fact Check at a time.

Add a comment