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FACT CHECK | Mindanao and Sulu included in the 1898 Treaty of Paris and in the Philippine Declaration of Independence of June 12, 1898

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MindaNews fact-checked a news item that says Mindanao and Sulu were not included in the territories ceded by Spain to the United States under the 1898 Treaty of Paris and in the Philippine Declaration of Independence on June 12, 1898, when Filipino revolutionaries proclaimed the country’s liberation from colonial Spain.

The claim is false based on Article III of the treaty that defines the limits of what it refers to as the Philippine Islands, and on the text of the Declaration of Independence.

On 1 February 2024, tribune.net.ph published a news item titled “Federal Republic of Mindanao sought,” which quoted one Emmanuel Fontanilla, described as the convenor of Mindanao Independence Movement, as saying the group will pursue an independent Mindanao using the Kosovo model with former President Rodrigo Duterte as interim head of state.

The story came on the heels of Duterte’s announcement during a press conference in Davao City on Jan. 30 that he wanted an independent Mindanao and that they would do it all the way to the United Nations.

The last paragraph of the Daily Tribune article reads: “To recall, Mindanao and Sulu were an independent protectorate of the United States occupied through conquest or act of war and was not included in the territory ceded by Spain through the 1898 Treaty of Paris and the Declaration of Independence in the same year.”

On 10 December 1898, in Paris, the United States and Spain signed a peace treaty called the Treaty of Paris . Article III of that treaty says: “Spain cedes to the United States the archipelago known as the Philippine Islands and comprehending the islands lying within the following line:

A line running from west to east along or near the twentieth parallel of north latitude, and through the middle of the navigable channel of Bachi, from the one hundred and eighteenth (118th) to the one hundred and twenty seventh (127th) degrees meridian of longitude east of Greenwich, thence along the one hundred and twenty seventh (127th) degree meridian of longitude east of Greenwich to the parallel of four degree and forty five minutes (4°45′) north latitude, thence along the parallel of four degrees and forty five minutes (4°45′) north latitude to its intersection with the meridian of longitude one hundred and nineteen degrees and thirty five minutes (119°35′) east of Greenwich, thence along the meridian of longitude one hundred and nineteen degrees and thirty five minutes (119°35′) east of Greenwich to the parallel of latitude seven degrees and forty minutes (7°40′) north, thence along the parallel of latitude seven degrees and forty minutes (7°40′) north to its intersection with the one hundred and sixteenth (116th) degree meridian of longitude east of Greenwich, thence by a direct line to the intersection of the tenth (10th) degree parallel of north latitude with the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich, and thence along the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich to the point of beginning.”

A look at Google Maps shows that 118 degree meridian of longitude east of Greenwich passes through Quezon and Calasaguen in Palawan Province and Sandakan in Sabah, Borneo, which is under the control of Malaysia, although claimed by the Philippines based on historic rights as part of the Sultanate of Sulu. Readers who may open the aforecited links can right-click the areas indicated in red pins to show the latitudes and longitudes. The process would show that Mindanao and Sulu can be found east of such meridian.

Longitude is the measurement east or west of the prime meridian. Longitude is measured by imaginary lines that run around Earth vertically (up and down) and meet at the North and South Poles. These lines are known as meridians.

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A portion of this image is AI-generated. Map courtesy of Google Maps

In January 1981, J.R.V. Prescott, in a research on maritime issues in Southeast Asia written for the East-West Environment and Policy Institute, noted: “It was soon discovered, by the United States, that some islands within the archipelago had been excluded by this definition, and a second treaty with Spain was concluded on 7 November 1900. This document identified the islands to be included in the Philippine archipelago as Cagayan [de] Sulu and Sibutu Island and their dependencies. These islands are situated in the southwest of the archipelago.”

Cagayan de Sulu is currently known as Mapun Island, one of the municipalities in Tawi-Tawi province.

Prescott further cited that on Jan. 2, 1930, the US and United Kingdom agreed on a line “separating the islands belonging to the Philippine archipelago on the one hand and the islands belonging to the State of North Borneo, which is under British protection…”

Section 1 of the Jones Law of 1916 reaffirmed the territories ceded by Spain to the US as part of the Philippines. It said: “Be it enacted by the Senate and House of Representatives the United States of America in Congress assembled, That the provisions of this Act and the name ‘The Philippines’ as used in this Act shall apply to and include the Philippine Islands ceded to the United States Government by the treaty of peace concluded between the United States and Spain on the eleventh day of April, eighteen hundred and ninety-nine, the boundaries of which are set forth in Article III of said treaty, together with those islands embraced in the treaty between Spain and the United States concluded at Washington on the seventh day of November, nineteen hundred.”

The same law provided for the creation of five representative districts in the Department of Mindanao and Sulu, formerly called the Moro Province.

Meanwhile, the Philippine Declaration of Independence written by Ambrosio Rianzares Bautista, War Counsellor, and read in Cavite el Viejo (Kawit) on June 12, 1898, also included Mindanao as part of the Philippine territory.

The proclamation was ratified on Aug. 1, 1898 to legitimize the revolutionary government led by Emilio Aguinaldo. 

The short-lived Malolos Constitution does not define the scope of what it referred to as the Philippine Republic. However, Article I of the 1935 Constitution, adopted during the Commonwealth period, states: 

“The Philippines comprises all the terri­tory ceded to the United States by the treaty of Paris con­cluded between the United States and Spain on the tenth day of December, eighteen hundred and ninety-eight, the limits of which are set forth in Article III of said treaty, together with all the islands embraced in the treaty con­cluded at Washington, between the United States and Spain on the seventh day of November, nineteen hundred, and in the treaty concluded between the United States and Great Britain on the second day of January, nineteen hun­dred and thirty, and all territory over which the present Government of the Philippine Islands exercises jurisdiction.”

As with all our other reports, MindaNews welcomes leads or suggestions from the public to potential fact-check stories. 

MindaNews is a verified signatory to the Code of Principles of the International Fact-Checking Network.(H. Marcos C. Mordeno / MindaNews)

MindaNews is the news service arm of the Mindanao Institute of Journalism. It is composed of independent, professional journalists who believe and practice people empowerment through media.

23C Saturn St. GSIS Subdivision, Davao City Philippines Tel. No.: 082 297 4360 editor [at] mindanews.com

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About MindaNews Fact Check

MindaNews Fact Check seeks to fight misinformation and disinformation circulating on the internet, news platforms and communities that we serve. 


What is MindaNews Fact Check?


MindaNews Fact Check tracks and debunks fake news, false claims and misleading statements of government officials, civil society leaders and netizens being spread on the internet, especially on social media sites. MindaNews values truth and accuracy in performing our journalistic work.


Why we fact-check?


Politicians, government officials and other public and private figures at times tend to bend facts to suit or advance their vested interests, or their principals, in effect misleading the public. The distorted facts spread easily with the popularity of the internet and the wide influence of social media.


As independent journalists, our primordial duty is to tell the truth and present facts to help the public discern issues and concerns impacting their lives.


How do we rate claims?


FAKE -  if the claim is completely invented.


FALSE - if the claim contradicts, undermines or disputes truthful facts, actual events and official records (i.e. laws and scientific studies)


MISLEADING – if the claim is based on truth but maliciously twisted that gives a different impression to serve a group or individual’s vested interests.


ALTERED – pertains to images or videos that were manipulated to mislead the public.


MISSING CONTEXT – if the claim needs more clarification or contextualization to make it clearer.

Where do you post your results?


We post our fact-checked stories in mindanews.com, on Facebook and Twitter with links to the original piece. We have a dedicated fact check page, where all fact-checked stories can be found. 


How did MindaNews Fact Check start?


Since its establishment in 2001, MindaNews has been living up to its vision of being the “leading provider of accurate, timely and comprehensive news and information on Mindanao and its peoples, serving economically, politically and culturally empowered communities” and its mission to “professionally and responsibly cover Mindanao events, peoples and issues to inform, educate, inspire and influence communities.”


MindaNews was founded by reporters precisely to ensure that reports about Mindanao, an island grouping that has suffered misinformation and disinformation long before these words became fashionable, are accurate. 


Our policy has always been to ensure that reports are thoroughly vetted before they are dispatched and uploaded on our website. 


Our fact-checking initiative with a uniform format started in October 2021 as part of Internews’ pioneering Philippine Fact-Checker Incubator (PFCI) project. Internews is an international non-profit that supports independent media from 100 countries. 


Prior to the PFCI project, MindaNews co-founded Tsek.ph, a collaboration among Philippine media institutions to fight disinformation and misinformation during the 2019. Tsek.ph did the same thing for the 2022 elections. 


Where do you get funds?


MindaNews has sustained its operation through proceeds from subscriptions of its news service  (news, special reports, opinion pieces, photos) and sales of books. It also receives grants from non-state actors.  Editorial prerogative, however, is left entirely to MindaNews. 


MindaNews does not accept funds from politicians or domestic or foreign states for its fact-checking initiative. For the other operations of MindaNews as a media organization in the past two years, we have received grants from the National Endowment for Democracy and the United Nations Educational, Scientific and Cultural Organization, which we use for coverage, staff compensation, administrative expenses and to train other journalists.


MindaNews Fact Check is supported by a grant from Internews.


Do you accept leads from the public for your fact-checking initiative?


MindaNews encourages the public to provide us with leads not only for potential fact-check pieces but other news stories as well of interest to the general public.



Our fact checks include this paragraph encouraging readers to be part of the process: “As with all our other reports, MindaNews welcomes leads or suggestions from the public to potential fact check pieces.”


MindaNews Fact Check - Methodology

What standards do you follow when fact-checking?


As a news organization, we strictly adhere to accuracy, fairness, balance, independence, accountability and transparency not just in our fact-checking initiative but in all other aspects of our work at MindaNews.


We abide by the Philippine Press Institute’s Journalist’s Code of Ethics. Since we became part of Internews’ Philippine Fact-Checker Incubator project, we have been striving to adhere with the IFCN Code of Principles, in step with our organization’s commitment to non-partisanship, transparency and fairness.


We fact-check a claim that is specifically claimed to be a fact and involved the public interest or the welfare of the people. We debunk false claims using official government records, journals or interviews with experts. 


We don’t fact-check opinions.

How do we fact-check?

Step 1: Team members monitor press conferences, speeches, statements, news, interviews, social media sites, etc. for statements worth fact-checking.


Step 2: When a claim is worth fact-checking, a team member looks for multiple sources to dispute the claim, including tracing the original source document.


Step 3:  Fact-checked claims are then submitted to the editor for copy editing and vetting. The link/s to debunk the claim are always included in the story.  


Step 4: A rating card is prepared to accompany the fact-checked piece, or infographics if needed, to immediately flag readers what the article is all about. 


Step 5: The senior editor takes another look before the article is posted on the website and social media accounts.

Correction Policy

Consistent with our vision and mission as a media institution, we rectify any error committed. If you spot a factual error, you may notify us thru editor@mindanews.com or our Facebook Messenger @Mindanews.


Correction Workflow


  • Errors pointed out are immediately brought to the attention of the editors and the fact-checking team. 


  • The fact-checker is immediately notified for verification. 


  • Once verified, the error is to be corrected within 24 hours and vetted before publication on the website. 


  • Readers will immediately know errors have been corrected through the Editor’s note posted above the article. 


  • The person who notified MindaNews about the error will be informed that the correction has been made.

About MindaNews

MindaNews is the news service arm of the Mindanao Institute of Journalism (MinJourn). It is composed of independent, professional journalists who believe and practice people empowerment through media. MinJourn, which is duly registered with the Securities and Exchange Commission with registration number CN201700385, is managed by its Board of Directors.

MindaNews values its journalistic independence. It started in May 2001 as a media cooperative and in January 2017 registered as a nonstock, nonprofit media organization.  We do not  accept funding from politicians, political parties or partisan groups.

Editorial staff

Fact-checking Unit: Romer (Bong) Sarmiento, Yas D. Ocampo

 

Mindanao Institute of Journalism

 

Board of Directors

President & CEO: Jowel Canuday, D.Phil. (oxon.)
Vice President: Romer S. Sarmiento

Members
Carolyn O. Arguillas, M.A.
Rhodora Gail T. Ilagan, Ph.D.
Amalia B. Cabusao (Doc Can.)
Robert D. Timonera
Ellen P. Alinea