History of
The Spratly Islands/Freedomland
by
A.V.H Hartendorp
PROFILE OF THE AUTHOR
The A. V. H. Hartendorp has lived in three worlds, the Holland of his birth and childhood (1893-1904); the United States’ Far Middle West of his youth and young manhood (1904-17); and, since 1917, his true home, the Philippines. Here he began his career as psychologist and schoolteacher in the U.S. government service; then became associate editor and later editor (1920-23) of the Manila Times (he was, says Vice-Governor J. R. Hayden in his book “The Philippines”, “the best editorial writer in the Philippines”); taught again (English and psychology) at the Liceo de Manila, the University of Manila, the University of the Philippines, and the University of Santo Tomas; and, in 1925, became head of the Philippine Education Company’s publication department and editor of its monthly teachers’ publication, Philippine Education, which he gradually converted into what became, under his sole ownership from 1933 onward, the Philippine Magazine, the country’s leading literary-political publication.
From 1934 to the outbreak of the Pacific War in 1941, Hartendorp was not only editor of perhaps the most influential magazine in the Philippines but was also confidential adviser to President Quezon. During his internment by the Japanese in Santo Tomas, as the Camp’s secretly ap- pointed and clandestinely operating official historian, he produced, at the daily risk of his life, a history of the Camp and of the Japanese occupation of the country which, running to a typescript of over 4,000 pages, has not yet been published, although large sections of it were used by U.S. Army authorities in the prosecution of Japanese war criminals.
Unable to revive the Philippine Magazine after Liberation, and after having served President Osmeña until the end of his term as he had previously served Quezon, he was in 1947 invited to take over the editorship of the American Chamber of Commerce Journal. Under Hartendorp’s expert guidance the Journal soon became, and still continues, as distinctive and influential a magazine in its way and time as was the Philippine Magazine in its.
Today, surrounded at his family residence, “Gracehouse” in Quezon City, by his 7 children by two marriages, 17 grandchildren, and one great-grandchild, Hartendorp can look back upon a full and useful life of which only the highlights have been covered here. Suffice it to say that he has also, in his time, been an amateur boxer and fencer, a non-professional but nevertheless eager anthropologist, an indefatigable hiker of Mountain Province trails, and an active patron and supporter of the arts and sciences. His published works include, besides a vast and uncounted number of editorials and articles, “A Few Poems and Essays”, 1951; “Short History of Industry and Trade of the Philippines-From Pre Spanish Times to the End of the Roxas Administration”, 1953; “History of Industry and Trade of the Philippines. . . . to the End of the Quirino Administration” 1958; and now its full sequel, “The Magsaysay Administration – A Critical Assessment.”
THE BOOK
IN “The Magsaysay Administration”, as in the latter half of its predecessor, “History of Industry and Trade of the Philippines… to the End of the Quirino Administration”, A. V. H. Hartendorp again exercises his difficult specialty with conspicuous success – the writing of current history: current, in that the events happened only yesterday; history, as opposed to a mere chronicling of events, by virtue of the author’s ability to relate these events, and thus to give them real meaning and significance, to both the past and the future.
In recent years, Hartendorp has seen developments in the Philippines taking, in his opinion, a distinctly wrong turn from a free enterprise to a controlled economy, a situation which, deploring, he began to report, expose, and combat in those chapters of his previous book covering the Quirino administration. This he now continues, and intensifies, in the present work.
Hartendorp saw the late President Magsaysay built up into a towering figure of a great national and even world leader; but, while fully aware of the many noble qualities of the man, he could not agree that his administration of affairs measured up to that reputation.
Speaking for himself, Hartendorp says that he was troubled from the first about having to contribute to a weakening of what had become a world-inspiring myth concerning the personality of am a n who is today a highly honoured figure in the free world as well as something of a national hero at home. Not wishing under these circumstances to rely only on the opinions which he had himself formed, he submitted his introductory, and most personally critical, chapter to a number of the late President’s closest friends and associates and will say only that without exception they expressed themselves, although some with reluctance, in terms which supported his own judgment.
“NEVERTHELESS”, says Hartendorp, “here goes forth a book which, close-hauled though it may be, sails out into the winds and currents of an ocean of world opinion with the master disliking the course but unwilling, even if he were able, to alter it by a single degree”.
HISTORY
OF
INDUSTRY AND TRADE
OF THE PHILIPPINES
THE
MAGSAYSAY
ADMINISTRATION
By A. V. H. HARTENDORP
PHILIPPINE EDUCATION COMPANY
MAILA
1961
THE SPRATLY ISLANDS
The outlook for an increasing sale of Taiwan products is bright and they are not complaining.
A general trade treaty, however, is still to be negotiated. The Spratly Islands- “The Kingdom of Humanity” – “Freedomland”. Early in 1955, the Manila news- papers began to carry stories about a mysterious “Kingdom of Humanity”, situated somewhere west of the Philippines in the South China Sea, with a population of some three or four thousand Indonesians, Malays, Chinese, Japanese, Americans, and Frenchmen, and ruled by two Americans. The source of these stories was a former enlisted m a n in the U.S. Army, Morton F. Meads, who had been honourably discharged in Manila in March, 1946. He claimed that he had “discovered” the Kingdom in 1945 when he sailed out of Jolo in a Moro vinta. After two days’ sailing he landed on the biggest of the islands, called “Amity Island”, ac- cording to him one of the “Manity Islands” group, and found that it was ruled by a “King’, Willis Alva Ryant, and his Executive Secretary, Victor Anderson. The King ruled under a constitution, of which Meads showed a copy. He said that he had been appointed consul and commercial agent and that he had also been commissioned to seek recognition of the new state as well as charged with establishing a supply system for the needs of the population. To this end, it was reported, he had organized the “Philip- pine Pabulum Company’ (pabulum, Latin for food). Later he organized the “MacArthur Corporation” which was to engage in copra-making and pearl-diving30. He ordered postage stamps printed in Manila depicting the typical mushroom cloud of an exploding atomic bomb, suggesting that the Kingdom was a place of refuge.
30The Philippine Pabulum Co., Inc. was actually organized in June 1949, with unauthorized capital of ₱50,000, to engage in agricultural operations in Cotabato, and the MacArthur Mining Co., Inc. was organized in January, 1952, with an authorized capital of ₱1,000,000, to engage in mining and petroleum development. Meads spent the first years after his discharge from the Army mainly in the surplus army goods business.
FOREIGN AFFAIRS
He also attempted to get paper money printed. Meads went so far as to have former Senator Camilo Osias “appointed” the Kingdom’s resident Minister and Consul General in the Philippines.
The appearance of the strange stamps led to postal authorities to open an investigation, but Meads could not be found. Philippine Armed Forces authorities were taking an interest and sent an amphibian patrol bomber, commanded by Major Godofredo Hernandez, from Zamboanga west to fly over the Spratly group, but aerial photographs which were taken showed no indications that any of the islands were inhabited, although a view of the largest island, Itu Aba, showed the remains of a wharf and some ruined buildings.
Shortly afterward, newsmen found Meads in Osias’ office and brought him to Brig. Gen. Pelagio A. Cruz who was interested in the possible military value of the Spratlys
to the Philippines. Meads insisted that the Kingdom of Humanity existed but said that he was not sure of the exact location, although he believed they were probably in the Spratly group. He advised against the sending of an expedition until he could make the necessary arrangements for its reception. He said that the Japanese had used the islands as a submarine base during the war and that they had built buildings and a wharf on the largest.
The day following his interview with General Cruz, Meads was picked up by the Manila police on several pending charges in both civil and criminal cases in connection with sums of money and sales of shares, and he was also charged with use of the mails in the distribution of indecent literature, but in the end these cases were all dismissed.
Philippine military authorities, meanwhile, sent Major Hernandez on a second flight to the Spratlys, this time ac- companied by navy and air intelligence officers.
THE SPRATLY ISLANDS
Their report on the vital proximity of the group to the Philippines was reported to have prompted Vice-President Carlos P. Garcia, concurrently Secretary of Foreign Affairs, to recommend to President Magsaysay that the Philippines lay claim to the group.
The Chinese Nationalist Government, however, promptly announced, through Ambassador Chow Shu-kai, that it would contest any Philippine move to claim or occupy the islands as they formed a part of China’s territory. Public interest died down, but was revived a year later when a Filipino, Tomas A. Cloma, laid claim to the Spratly Island group, which he renamed “Freedomland.”
During the ensuing months confusion developed over the identity of the islands which were frequently referred to interchangeably as the Spratlys and the Paracels.
Spratly Island itself, which Cloma renamed Ramon Island, lies some 300 miles directly west of the southern end of Palawan, and is the westernmost island of the group. I t Aba, the largest island, which Cloma renamed Mac- Arthur Island, lies some 180 miles northeast of Spratly Island. The two small North Danger Islands renamed Irenia and Ciriaco, which are the northernmost of the islands claimed by Cloma, lie some 60 miles north of Itu Aba and some 340 miles west of the northern tip of Palawan.
The area claimed by Cloma was in the shape of a rhomboid, covering some 65,000 square miles, immediately west of Palawan.
Spratly Island proper, is about equally distant from Cape St. Jacquis, Vietnam, as it is from the southern tip of Palawan.
The Spratlys consist of “islands, islets, sand cays, coral reefs, and fishing grounds.”. The largest island, Itu Aba, is only about two square miles in area. The islands and islets were inhabited only by flocks of birds.
The Paracel Islands do not lie within the area claimed by Cloma but much farther north, at about the latitude of San Fernando, La Union.
FOREIGN AFFAIRS
They lie about equally distant, roughly 250 miles, from the large Chinese island of Hainan and the coast of Vietnam, at about the latitude of Hue.
Fishing boats belonging to Tomas A. Cloma, and with his consent, made a number of visits to various of the small islands of the Spratly group between 1947 and 1950 in looking for better fishing grounds. Big hauls of fish were obtained, but in 1950 Cloma decided that his boats need not go out that far and the trips were discontinued. A-l though this was the year when Cloma established his nautical school in Manila, the Philippine Maritime Institute, he kept the islands in mind and considered plans to establish an ice plant and cannery on I t Aba and also to exploit the guano deposits on the islands.
Early in 1956 he and his associates decided to send out an expedition and a farewell dinner given on March 1 was attended by Vice-President Garcia, Senator Lorenzo Tañada, and Auditor-General Manuel Agregado as the honour guests. A few days later the motorship PMI-IV, training ship of the nautical school, with Tomas Cloma’s brother, Captain Filemon Cloma, in command, left Manila on a scheduled 38-day trip.
On May 15 Tomas Cloma addressed a letter to the Secretary of Foreign Affairs informing him that about forty citizens of the Philippines were undertaking survey and occupation work “in a territory in the China Sea outside of Philippine waters and not within the jurisdiction of any country”, and that the territory being occupied was being claimed by him and his associates. Due notice had been posted on each of the islands surveyed and occupied.
Cloma enclosed a mimeographed map of the area claimed, together with a mimeographed “Notice to the Whole World”, copies of which he also sent to the newspapers.
“FREEDOMLAND”
It read:
“Greetings:“Notice is hereby served to the WHOLE WORLD that the under- signed in his behalf and in behalf of his Associates, and as citizens of the Philippines, claims ownership over a territory bounded as follows:
[Table of points and their latitude and longitude]
[Table of distances between points]
“This territory is composed of islands, sand clays, sand bars, coral reefs, and fishing ground with a total area of about SIXTY-FOUR THOUSAND NINE HUNDRED AND SEVENTY-SIX (64,976) square nautical miles.
“This claim is based on the rights of discovery and/or occupation, open, public, and adverse as against the WHOLE WORLD.
“Manila, Philippines, May 15, 1956.
“TOMAS CLOMA
31Some of the islands, reets, shoals, etc., were named after political parties, Nationalista Island, Liberal Island, Democrat Island; some after Manila newspapers and periodicals, Bulletin Shoal, Chronicle Island, Herald Reef, Mirror Shoal, News Shoal, Times Bank, Tabloid Shoal, Free Press Shoal; some after civic organizations, Jaycee Reef, Knights Reef, Lions Reef, Rotary Reef; some after prominent individuals, – Laurel Shoal, Lorenzo Island, Osmeña Shoal, Quezon Shoal, Quirino Shoal, Rodriguez Reef, Roxas Bank, Truman Island, MacArthur Island (Itu Aba); there was also Congress Reef and Senators Reef.
FOREIGN AFFAIRS
On May 24, the newspapers reported that Vice-Pres- ident Garcia had received Ambassador Chen Chih-mai who had informed him that the group of small islands west of Palawan, which Cloma claimed to have discovered and named “Freedomland”, were well-known and belonged to Nationalist China. Vice-President Garcia was reported to have told the Ambassador that he would call a conference the next day of the representatives of all the Philippine government agencies concerned to discuss Cloma’s claim and that he would confer with him on the matter the following week.
The International News Service reported from Washington that a State Department spokesman had said, tongue in cheek, that the United States was not involved in a Filipino’s claim to a scattering of uninhabited islands and reefs in the South China Sea. He said they were of little practical value “even at low tide, when some of them are out of the water.” Another official complimented Cloma on a “fine sense of imagination’? and said that he had “stirred up a question which had fascinating legalistic and philosophical possibilities that could go on and on and really not affect anyone.”
The Baltimore Sun, recalling that islands have caused much trouble in the world, said that it hoped that Mr. Cloma “knows what he is doing and what he is letting him- self in for.” The Boston Globe said that if Cloma hoped to hold his “empire”, he “had better get it registered for admission to the United Nations before the warships arrive.” The New York Times took the matter a little more seriously and stated editorially:
“The Philippine Government has promptly and properly made it plain that this is not a government move. A disposition of the case may be important. The location of the islands is strategic. The Japanese wanted them for a naval station. They are unpopulated, but those waters have splendid fishing resources that would sustain a considerable settlement. Their adherence to the Philippines is not illogical even if it may pose some questions. Mr. Cloma has caused a number of red faces to appear by taking direct action.
“FREEDOMLAND”
The Manila press, however, also took the matter lightly, dubbing Cloma “Admiral” and a “modern Magellan.” One columnist said he appeared to be suffering from a “slight case of imperialism.”
On June 1st it was reported from Tokyo that the communist Chinese newspaper, the Kwangming Daily, had said that it was “nonsense” for Filipino “explorers” to claim to have discovered China’s Nansha Islands, which were Chinese before Magellan discovered the Philippines and which include the Spratly Islands. The Government of South Vietnam in Saigon issued a communique that same day stating that the Spratly Islands, along with the Paracels, have “always been a part of Vietnam” and that this had been recognized in the San Francisco Peace Conference in September, 1951. A spokesman for the Republic of China stated in Taipeh that the dispatch of a task force to the Spratlys was “possible and probable.” In Manila a representative of the British Embassy called on the Department of Foreign Affairs to inquire about the Philippine stand in the matter. Vice-President Garcia was reported to have instructed Philippine Ambassador Narciso Ramos at Taipeh to inform the Chinese Government that “it need not be alarmed by the situation.” To newspaper reporters, Garcia said the Philippine Government had not yet taken an official stand on Cloma’s claim, and that while the United States Government had not been sounded on the matter, he thought that if there should be need of arbitration later, the United States could be depended upon to be a “fair and just referee” in view of its friendly relations with both the Philippines and China.
The Manila newspapers now began to take the matter more seriously, the Philippines Herald entitling an editorial on the subject, “Trouble Ahead- Let’s be Serious.” It expressed the view that the possible occupation of the islands by Nationalist China might provoke Communist China to action.
FOREIGN AFFAIRS
“As far as can be determined, the Freedom Isles don’t amount to anything…. They may have some strategic value and their possession or control in wartime by an unfriendly power may pose some danger to our security. But under ordinary circumstances we would probably not care much whether the title comes to us or goes to Nationalist China… But with Nationalist China announcing that it was sending its Navy to take formal possession… the issue takes on an entirely new colour… Therefore, it should be prevented… Between the United States and the Philippines, there should be enough pressure on Formosa to desist from sending its navy to take control of a territory in our neighbourhood.”
On June 4, Cloma made a “third representation” to the Department of Foreign Affairs, which stated, in part:
Now, therefore, in view of the immediate danger to the peace and security of the world and to Humanity, we desire to appeal, as we hereby appeal, to the United Nations through the friendly agency of the Philippines and the spiritual guidance of the Vatican, and we pray:
“That the United Nations constitute, create, or establish a trusteeship over Freedomland under the administration and guidance of the United States until the question of ownership of Freedomland shall have been adequately resolved, and we
“Further pray that the United Nations create an arbitrating body composed of friendly powers to decide on the Status and Fate of Freedomland.”
The following day, Vietnamese Minister Cao Thai Bao was reported to have said in Cebu that the Spratlys had been under the jurisdiction of the French colonial government and that South Vietnam now had jurisdiction by virtue of the grant of sovereignty by France. He said that during the San Francisco Peace Conference no country, except Free Vietnam, had laid claim to the islands. He suggested that his country might lease the islands to Cloma or to the Philippine Government itself for military reasons.
On June 8 a report from Taipeh stated that a Nationalist patrol sent to the Spratlys had found no trace of the supposed Cloma expedition. It was stated that the Nationalist Government had sent the patrol mainly to prevent communist Chinese from taking over the group.
“FREEDOMLAND”
Officials in Taipeh were reported as having hailed a statement that day by Admiral Stuart Ingersoll, Commander of the U. S. Seventh Fleet, that the United States would look with disfavour upon an extension of Communist Chinese interests to the controversial Spratly Islands.
The same day (June 8) the second Cloma expedition set out for the islands to bring provisions to the 29 men left there by the first expedition. At I t Aba they found that the markers which had been put up in March had been removed and that some Nationalist Chinese party had added their own sign on an old Japanese marker there and had also left a freshly-painted sign on the wall of one of the ruined concrete buildings.
On June 9, the French Charge d’Affaires in Manila called at the Department of Foreign Affairs and informed Juan M. Arreglado, the Department’s legal counsellor, that the Spratlys belong to France by virtue of an occupation effected in 1932-33 and that while France had ceded the Paracels to Vietnam, it had not ceded the Spratlys. Vice-President Garcia later told the press t h a t this statement seemed to be confirmed by the fact that a marker found on Itu Aba bears the words, “Isle de France, April 25, 1933.” He also said that there were ruins of a good-sized building which was believed to have been a French fertilizer factory.
With respect to the second Cloma expedition, Vice-President Garcia said that this had “no political significance” and that he had warned Cloma earlier “against doing anything which would have political repercussions.”
Later on the day of June 9, a South Vietnam Legation spokesman in Manila disputed the claim of the French Charge ‘Affaires, stating that the Spratlys were officially incorporated into the Vietnamese province of Baria in 1929 and that the French transfer of sovereignty automatically included both the Spratlys and the Paracels.
FOREIGN AFFAIRS
On the 15th it was reported that the Department of Foreign Affairs had received confidential reports that the Netherlands Government “would momentarily stake its own claim over the disputed islands, with the backing of the United Kingdom.”
A “fourth representation” by Cloma to the Department of Foreign Affairs that day stated two small islands near Spratly Island had been discovered which were not included in the map of Freedomland which he had earlier sent to the Department. There was also a report in the newspapers that day that the Cloma ship, PMI-IV, had encountered an alien ship off the Palawan coast with which his brother Filemon had sought to communicate with blinkers but that it had disappeared in the darkness.
A fuller statement of the Vietnamese claim to both the Spratly and Paracels group was that of the Vietnam Secretary of State for Foreign Affairs Vu Van Mau, in an inter- view with the press in Saigon, June 16.
“Vu Van Mau said that Vietnamese sovereignty over the Paracels dated back at least to the early 19th century when Emperor Gia-Long sent a detachment to Hoang Sa Island. It remained until the establishment of the French protectorate over Annam, when France assumed responsibility for the islands. In 1933, he said, a detachment of Indo-Chinese guards went to the Paracels and remained there until World War II. On June 15, 1932, an administrative delegation was created and attached to the province of Thua-Thien under the name of Delegation of the Paracels. During the War the islands were occupied by the Japanese, who evacuated them after the surrender and in the San Francisco Peace Treaty renounced claim. At San Francisco, the chief of the Vietnamese Delegation issued a declaration affirming Vietnam’s right to the islands.
“Regarding the Spratlys, the Vietnam Foreign Secretary said, they were considered a part of Vietnam under the name Truong Sa Islands. In 1929 they were attached to the province of Baria. On April 13, 1930, the French Navy took official possession of the islands and official notification was issued to the United States, China, the Philip- pines, and the Netherlands. Only Japan protested, claiming that Japan made an expedition to the islands previously, but Japan renounced all claims in the Peace Treaty of 1952.
“Transfer of sovereignty from France to Vietnam of all Vietnamese territory included these islands, the Foreign Secretary said.”
“FREEDOMLAND”
Next to enter the controversy was the Foreign Affairs Association of the Philippines which, on June 17, adopted a resolution, signed by Manuel V. Gallego,32 and sent to the President of the Philippines, the Vice-President and concurrently the Secretary of Foreign Affairs, the President of the Senate, the Speaker of the House; and Mr. Tomas Cloma and Associates. I t read:
“Whereas, a group of island lying in the Southwestern Pacific and bounded as follows:
“x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x now called “Freedomland”, are claimed by Atty. Tomas Cloma by virtue of the right of occupation;
“Whereas, this archipelago, which consists of islands, shoals, and coral reefs, are uninhabited and unclaimed by any power previous to the sending of an expedition to the archipelago by said Atty. Tomas Cloma for purposes of settlement;
“Whereas, said group of islands being ownerless–res nullius- and unoccupied, Atty. Tomas Cloma has a perfect legal right to take possession of the same;
“Whereas, this group of islands does not form a part of the so- called ‘Spratly Islands’ lying to the southwest of Palawan, Philippines;
“Whereas, occupation of said archipelago by an unfriendly power would endanger our national security in view of their close proximity to the Philippines;
“Whereas, these islands, shoals, and coral reefs may serve as bases of operation for smugglers and for the illicit entry therefrom of immigrants into the Philippines;
“Whereas, it also appears that Freedomland, aside from strategic considerations, has also some economic value;
“Whereas, immediate steps should be taken by the Philippine Government for ascertaining the views of the United States Government for a United Nations trusteeship over those islands with the Philippines as the administrating state;
“Wherefore, be it resolved, as it is hereby resolved, that it is the sentiment of the members of the Foreign Affairs Association of the Philippines that the Philippine Government should give Atty. Tomas Cloma its full support and use its influence to persuade other powers to recognize Atty. Tomas Cloma’s claim…”
32Secretary of Public Instruction during the Roxas Administration.
FOREIGN AFFAIRS
A few days later, on the 20th, Cloma sent the Department of Foreign Affairs a “Fourth Representation”, actually his fifth, which stated:
“Please be informed that our second expedition has inspected all the major islands in Freedomland, except Spratly in deference to Nationalist China.”
“We are attaching herewith for your information a copy of our letter of notification addressed to the Chinese Ambassador.”
Cloma’s letter to the Chinese Ambassador, dated June 19, ran:
“Please be advised that our second expedition has inspected practically all the major islands in Freedomland, except Spratly Island. A radio station had been erected on Itu Aba. Settlers are stationed there who are presently clearing the island and planting bananas and
other Philippine plants.
“Kindly transmit to your Government, Your Excellency, the fact that our action is not intended to insult or challenge the integrity of the Chinese people for which we have the highest regard and respect. However, Your Excellency will, we trust, understand that until the question of ownership shall have been adequately and justifiably decided, we feel compelled to protect our rights even alone in the capacity of administrator or guardian of a res nullius property.
“We are conscious of the close cultural, historical, and economic ties between the Chinese and Filipino peoples and you have our firm assurance, Your Excellency, that we will be guided accordingly. It is for this reason that Spratly Island was not revisited.
“With our highest esteem, etc…”
Cloma and his associates now proceeded to make plans for the acquisition of an “LST” vessel, then in Australia, and one or two fishing boats in New Zealand, through a certain Mr. Donald Trayler who had visited Manila and become interested in the Cloma adventure. They also made plans for the organization of a “government” for Freedomland. Filemon Cloma wrote:
“This may sound fantastic, one that will make people think we are out of our minds. But this is also something we cannot escape which we must have to face with courage, open mind, and sacrifice. The whole world, especially the Philippine public, are with us. They have been electrified with the boldness and novelty of our exploits… I am convinced we failed to do one very important thing, without which people will think we do not know what we are doing and will also make our achievements empty and incomplete. I am referring to our failure to announce any form of government for FREEDOMLAND…”
“FREEDOMLAND”
“Mr. Trayler approved the boldness with which we asserted our ownership rights over Freedomland. But he also discovered that we have not announced as yet the form of government for the territory. As to my argument that we are waiting for the [Philippine] Government to back us up, and also for the Government to decide the question of the kind of government, he noticed that we did not ask government help or government authority when we started with our project, so why must we now stop in the very middle of our successful project to wait for the Government or anybody to act for us and endanger our very fine achievement.
“A claim of discovery or occupation over a certain territory must be immediately accompanied with an announcement for a form of administrative or governing authority over the territory. These cannot be separated. The latter must immediately follow as a natural consequence of the claim. No claim must be made unless one is prepared to undertake the latter. This is a challenge which we face…
“The advantages with having a government of our own are: (1) it will give us a personality which will permit us to fight our case on our own rights; (2) in the event that by superior force, or by any other means, we are driven out of Freedomland, we can always transfer the seat of government anywhere and continue our fight…”
The next communication to the Secretary of Foreign Affairs from Cloma and his associates, dated July 6, was signed by Manuel Aguilar, as “Actg. State Secretary.” It ran:
“Your Honour:
“It is with honour and solemnity that we are presenting to the Government of the Republic of the Philippines, through the Department of Foreign Affairs, these papers announcing the establishment of a separate government for the Archipelago of Freedomland.
“Other papers are attached hereto to afford background information, and also to reveal the motives which prompted the creation and establishment of the new government.
“The machinery of government will soon be formed and constituted, of which due publicity will be given.
“It is the sincere hope of the Government of the Free Territory of Freedomland to be of service to the Government of the Republic of the Philippines, and in that spirit we offer our Greetings.”
FOREIGN AFFAIRS
“Manila, July 6, 1956.
“Free Territory of FREEDOMLAND “
33Teodoro Agbayani, a member of Tomas Cloma & Associates, had been ap- pointed Treasurer of Freedomland.
“FREEDOMLAND”
“The Free Territory of Freedomland hereby adopts, provides, and accents all the bodies of laws and jurisprudence of the Republic of the Philippines as valid, effective, subsisting and binding for all the residents therein except those that may be in conflict with, or those that may be repealed, modified and amended by any charter, law, resolution, order, edict or ordinance promulgated or those that may be promulgated by duly constituted governing authority of the Free Territory of Freedomland.
“The seat of government shall be at Pagasa, Freedomland, Extension of its Supreme Authority and Sovereignty, and branch offices, agencies, representations, and instrumentalities may be from time to time established and created in other places of the world as the needs may arise.
“The government of the Free Territory of Freedomland shall make immediate representations for a ‘protectorate status’ under the Republic of the Philippines as first preference.
“The welfare, rights, interests, responsibilities and self-preservation of a group of people in a definite territory, accentuated by the gravity of recent developments, are the compelling motives behind the establishment of this government.
“SO HELP US GOD, and with Thy Divine Help, we so announce to the whole World.
“Done in the City of Manila, this 6th day of July in the year of Our Lord, nineteen hundred fifty-six.
“(Sgd.) Tomas Cloma
“President
“TOMAS CLOMA & ASSOCIATES”
In a mimeographed statement to the press issued on this same date, Cloma advanced what he called “some facts justifying the establishment of a government for Freedomland.” It ran as follows:
“It is indeed unfortunate that we are compelled by circumstances to form our own government, a decision that can be subject to ridicule and derision. Left alone to our fate, we honestly feel that the formation of a government is a necessary consequence of our ‘bold assertion of ownership based on discovery and/or occupation’, if we are to defend our claim. Inasmuch as we started the whole controversy, which to many appeared foolish in the beginning, we must with courage and honour face the necessary consequences. My men are solidly with me in this.
“When a contingent of the Chinese Nationalist navy went to Freedomland it committed acts manifesting the use of ‘strong arm’ to intimidate other claimants, especially my men. Latest dispatches from Taipeh also indicate the same policy.
FOREIGN AFFAIRS
“Our welfare, interest, rights, and self-preservation demand that we act on our own without committing or embarrassing the Philippine Government. And we sincerely believe that self-government can be the only honest and honourable solution. This will permit us freedom and fluidity of action and decision.
“It is said, perhaps unfairly, that the Nationalist Navy moves under the protecting wings of the United States 7th Fleet. We have reasons to believe that this gives the Chinese added courage. But the Philippines is an ally of both China and the United States. In the event, therefore, that China harasses my men in Freedomland under the circumstances contemplated above, we cannot act freely without embarrassing our Government.
“Indications in Washington and in the international front point to United Nations recognition of Red China come the end of this year. We must be practical and face this fact squarely. Freedomland in the hands of Nationalist China will mean Freedomland in the hands of Red China by December. We cannot imagine how the Philippines and the United States can permit this eventuality to happen. With a government of our own, we expect to have freedom of action, decision, and adjustment should this danger come. Perhaps we can even afford asylum to the Chinese nationalists in the event this misfortune may happen.
“Japan may be a potent world power soon. France, England, and the Vietnams may soon be free of their present troubles and problems. These are dangers we have to reckon with. Delay may throw our timing out of gear and our efforts a complete failure.
“It is doubtful whether the President of the Philippines has the power to annex new territories. Some say that this may require amending our Constitution, or perhaps an act of Congress. This doubt may cause considerable delay, and delay may be fatal to us.
“There are those who believe that a separate government for Freedomland can serve as an enabling body to facilitate expansion of Philippine sovereignty by the mere expedient of recognition, alliance, or protectorate status. This is the motivating influence in our decision to form our own government in Freedomland.”
On July 7, in what he told newspapermen was the “first official act” of his newly-proclaimed “government” Cloma, accompanied by several of his Maritime Institute cadets, delivered to the Chinese Embassy in Manila, “solemnly and with formality”, a Chinese Nationalist flag which he said had been removed from I t Aba where a Chinese naval party had some time before planted it.
“FREEDOMLAND”
The removal of the flag had already led to a protest from the Chinese Government and the Philippine Department of Foreign Affairs, after “looking into the matter”, had fixed the responsibility on Cloma. The Manila press almost unanimously rebuked Cloma for this action and one news- paper reported that President Magsaysay had impressed on Vice-President Garcia the necessity of cutting short Cloma’s “comic opera” before it got really serious.
During the month the Evening News (July 21) published a statement by Dr. Bernabe Africa, former professor of political science, University of the Philippines, and former Under-Secretary of Foreign Affairs in which he stated that as the Spratly Islands had been occupied by the Japanese during the war they became war booty with Japan’s defeat and that as Japan’s claim was the only one recognized at the San Francisco Peace Conference, the Allied Powers have jurisdiction and can dispose of the same; the Republic of China is not an “Allied Power”, “as that term is defined in Article 25 of the Treaty of Peace with Japan because she is not a signatory to the said Treaty.”
At the Cairo Conference, the Republic of China obtained a promise from the United States and Great Britain to restore to her Manchuria, Formosa, and the Pescadores, but there was no promise that the Spratly Islands would be turned over to her at the conclusion of the war. Apparently, it was the intention of the Cairo Conference to deal with those Pacific Islands, including the Spratly Islands, under Japanese occupation, at the Peace Conference in San Francisco. And that was the understanding of Generalissimo Chiang Kai-shek. The Republic of China never owned the Spratly Islands before or after the war.
“In view of the foregoing, it is difficult to understand how the Republic of China can claim sovereignty over the Spratly Islands. It is suggested that the Islands be placed under the United Nations trustee- ship with the Philippines or the United States as the administering Authority.”
On August 28 there were reports from both Paris and Saigon that a South Vietnamese naval shore party had planted its flag on tiny Spratly Island some days before, in connection with which reports Taipeh that same day sent an urgent inquiry to its legation in Saigon.
FOREIGN AFFAIRS
The Nationalist Foreign Office stated that no information on the matter had been received from Saigon nor from “the Nationalist garrison on Itu Aba, which the Chinese call Taiping.” On August 30, a Vietnamese government spokesman in Saigon officially confirmed that a naval party had hoisted the nation’s flag on Spratly Island on August 22. An official bulletin warned that “any attempt to impair Vietnam’s rights there by force can unquestionably be characterized as aggression.” A summary of a Radio Peiping broadcast published in a Tokyo newspaper that day said that the Communist commentator had said that “such an action of the South Vietnam authorities, which violates China’s sacred sovereignty, is a serious provocation against peace in Asia. The Chinese people will never tolerate it.” The Commentator added that the Vietnamese action was “directed by people…from behind the scene.”
On August 31, a dispatch from Taipeh stated that a Chinese newspaper there had reported that Nationalist officials had mapped out plans to settle the Spratlys and would soon send settlers to the islands to assert sovereignty over them and develop their resources.
Not immediately reported in the newspapers, but reported later to the Foreign Affairs Association by Cloma, was that the very next day, October 1, his brother, Captain Filemon Cloma, who had been designated Administrator of the Free Territory of Freedomland, had met with trouble. Early that morning, while the PMI-IV was at anchor off Ciriaco Island, two Chinese Nationalist ships, a destroyer escort and a patrol craft, approached from the south and Captain Cloma was invited aboard by the former for a conference. A discussion over the ownership of the islands, in which the Chinese commanding officer, Captain Hu, according to Cloma, sought to intimidate him, lasted for four hours, and during this time, while Cloma was below-deck and unaware of it, a Chinese boarding party subjected the PMI-IV to a two-hour search and confiscated all arms and maps and documents. When Captain Cloma learned of this he protested, but was given no courtesies and was “actually under detention” until he was allowed to rejoin his men at about 9 o’clock that evening.
“FREEDOMLAND”
The next day, the Captain was again invited aboard the Chinese ship, and this time he took two of his officers with him and was treated “more formally.” But “even under grave threats to their lives, Captain Cloma refused to sign a statement that they will leave Freedomland and will not come back. He also refused to recognize that Freedomland is Chinese territory. However, he was forced to accede to surrender the arms against receipt.”
The Chinese ships left late in the afternoon and when Captain Cloma and his men touched at Ciriaco and Irenea islands, they found the houses there “completely removed.” They found the buildings on Abad Santos Island had been burned down.
In this same communication to the Foreign Affairs Association, Cloma revealed that on June 6, a French light cruiser had visited MacArthur Island (Itu Aba). Signs indicated, also, he reported, that some Vietnamese ships had visited Freedomland, probably in August.
Concluded Cloma:
It is therefore safe to say that with Nationalist China forcing the issue over Freedomland by the use of arms and force, other claimant nations may be forced to do so. But of utmost importance to the Democracies is the fact that the activities of Nationalist China might constitute as bait for Red China to come in. Then real trouble can be expected.
“To avoid armed conflicts in Freedomland, and, more important, to frustrate Red China’s attempt to seize the territory, United Nations trusteeship, under the administration or wardship of the United States, should be immediately initiated.”
A few days later, the Philippines Herald stated editorially:
FOREIGN AFFAIRS
“It is high time that the Government made up its mind about the whole issue. Much worse, if not more tragic happenings are bound to develop if the matter were allowed to hang indefinitely. If the Government sees the justice of Cloma’s claim, there is no reason why it should not come out with a clear-cut declaration placing official support behind it and helping him through the required diplomatic processes to validate such claim. If, on the other hand, the Government does not see eye to eye with him, it should be just as frank and firm in saying so and in terminating the whole squabble right there. Further indecision may result in incidents much more grievous in nature than the one reported.”
The Foreign Affairs Association adopted another resolution under date of December 20, which ran:
“Whereas, Atty. Tomas Cloma and Associates, Filipino citizens and the Nationalist Government of China are in dispute over the so- called FREEDOMLAND, embraced in the Spratly Group of Islands, as a result of the occupation of the said islands by Tomas Cloma and Associates;
“Whereas, as a result of the said dispute, Tomas Cloma’s men, then in occupation of those Islands, were the victims of a ruse by Naval personnel of the Nationalist Government of China, acting apparently under orders from the latter, and who confiscated their firearms and illegally detained them;
“Whereas, the claim of the Nationalist Government of China over the Spratly Islands and Freedomland is absolutely without any legal foundation (See attached opinion of Dr. Bernabe Africa, marked as Annex A);
“Whereas, the Philippine Government should have protested this wanton act of the Nationalist Government of China against Filipino citizens who were then only exercising their legitimate rights (See attached Memorandum of Tomas Cloma & Associates, marked as Annex B);
“Whereas, the only claim recognized by the Allied Powers at the San Francisco Peace Treaty Conference was that of the Japanese who were in effective occupation of the said Islands before and during World War II, until they were finally expelled therefrom by the Armed Forces of the United States;
“Whereas, the San Francisco Peace Treaty failed to dispose of the Spratly Islands in favour of any particular nation, apparently leaving the same to future settlement;
“Whereas, it is the considered opinion of the Foreign Affairs Association of the Philippines, Inc. that only the Allied Powers have jurisdiction over the matter, and, therefore, the only body that can dispose of the same;
“FREEDOMLAND”
“Whereas, any occupation of the Spratly Islands by an unfriendly power will be a menace to the security of the Philippines;
“Whereas, occupation of the said Islands by the Nationalist Government of China would only induce Red China to seize and occupy them, this endangering our national security;
“Whereas, such occupation of the Spratly Group by the Chinese Nationalists, besides serving as bait to Red China, to seize and control the same, would render more difficult our control of the illegal entry of Chinese immigrants into the Philippines and their smuggling operations, inasmuch as said islands constitute convenient springboards for such illicit purposes;
“Whereas, the Foreign Affairs Association has been reliably in- formed that the Philippine Department of Foreign Affairs, through its Secretary and who is concurrently Vice-President of the Philippines, has already made suitable recommendation to His Excellency, the President of the Philippines, concerning the matter and who took into account our national interests as well as the interests of the Allied Powers,
“Therefore, be it resolved by the Foreign Affairs Association of the Philippines, Inc., as it is hereby resolved, that the recommendation of the Honourable, the Secretary of Foreign Affairs, be given, as it is hereby given, our wholehearted support and approval, and urge early action thereon;
“Be it further resolved, that in the event that our Chief Executive fails to take action thereon in accordance with such recommendation, that he be requested, as His Excellency is hereby respectfully requested, to initiate a move, through the Secretary of Foreign Affairs, to place the Freedomland and Spratly Islands under the United Nations as Trusteeship, with the Government of the United States as the Ad- ministering Authority, and, failure in both, the Foreign Affairs Association of the Philippines, Inc., would then feel free to take whatever action is deemed necessary in the premises;
“Be it resolved finally that copies of this Resolution be furnished the United States Government through its local diplomatic representative.
“Approved in the City of Manila, Philippines, this 20th day of December, 1956.
“(Sgd.) MANUEL V. GALLEGO
“President
“Foreign Affairs Association of the
“Philippines, Inc.”
FOREIGN AFFAIRS
Earlier, however, Cloma was reported to have already given up hope for United Nations action in the matter. He had gone to New York in October to place the question before the United Nations, but, according to a United Press dispatch, “he was dissuaded by Philippine Ambassador Felixberto M. Serrano, who explained that only a member government could ask the General Assembly to go into the question. The Philippine Government, although giving Coma some encouragement, has shown little inclination to bring the case before the United Nations.”
On December 13, Cloma had addressed a letter to the Chinese Ambassador in Manila with reference to a newspaper report which stated that the Nationalist Government had granted authority t o a few private businessmen to make surveys of mining and other natural resources in the Spratlys and that the survey party was to leave Taipeh about the end of the month. Cloma expressed his “deep concern’ over these reports and called the Ambassador’s attention to the fact that the natural resources of Freedomland had already been surveyed, assayed, etc., at considerable cost, that surface mining of phosphate had been going on for some time and some four thousand tons were ready for shipment, and that sales negotiations had been concluded with a New Zealand buyer and were pending with a Japanese buyer. He listed 12 different surface-mining areas in Freedomland which he claimed.
He ended his letter to the Ambassador with the following paragraphs:
“Looking over the whole question with prudence and calculation, one cannot escape the observation that the recent activities of the Government of the Nationalist Republic of China in pressing her claim of ownership over Freedomland are time-tabled with the present attitude of the Philippine Government and the apparent isolation and helplessness of a group of Filipinos. Although I assure you, Your Excellency, that we are not isolated and neither are we helpless.
“FREEDOMLAND”
“I beg to submit to your Government, Your Excellency, and the national conscience of your people, that in spite of the fact I have not less than 2,000 young men, and a host of friends and admirers that readily can be utilized to agitate national sentiment in favour of our cause, yet I have succeeded, up to now, in not attempting to touch this hornet’s nest, conscious as I am of the friendly relations of our peoples. And I trust, Your Excellency, that our feeling can be mutual.
“However, I am a firm believer in the time-honoured saying that when a man is cornered, especially if his lifeline is threatened, he will stand up and fight like a man of dignity and honour is expected to do. To that I swear.
“In view of the nature of the subject matter, I hope I have the permission of Your Excellency to give the matter the widest publicity.”
The following day, December 14, Cloma had also written a letter addressed to the President of the Philip-pines. He wrote:
“Mr. President:
“Apparently taking advantage of the Philippine Government’s attitude on the question of Freedomland, latest dispatches from Taipeh indicate attempts by the Chinese Nationalist Government to deprive the Philippines of an employment potential of about 1,000 laborers by trying to grab phosphate mining operation which is presently under- taken by us. The unemployment problem being every citizen’s concern, the undersigned feels justified in taking this boldness of elevating the matter to your attention…
“We had been keeping our mining activities in Freedomland with absolute secrecy, but the latest Taipeh dispatches, published in the local papers a few days ago, compelled us not only to make full revelation of our phosphate operation but also to make public the exact positions of our mining areas as part of our assertion of ownership, open and adverse as against the whole world.
“To this end we feel justified in writing to the Government of the Nationalist Republic of China, through His Excellency, the Chinese Ambassador in Manila. A copy of said letter is attached hereto and made a part of this representation.
“What action the Government will take is less our concern because by writing this letter we feel to have done our duty. However, requiring as it does the widest publicity, we hope we can have the President’s permission in that regard.”
This letter to the President drew a reply from Vice- President and Secretary of Foreign Affairs Carlos P. Garcia, although not until almost two months later, February 8, 1957.
FOREIGN AFFAIRS
It ran:
“Sir:
“This is to acknowledge the receipt of your letter dated December 14, 1956, addressed to the President of the Philippines, concerning your mining activities in ‘Freedomland’, which includes some islands belonging to the so-called Spratly Group of islands.
“Insofar as the Department of Foreign Affairs is concerned, it regards the islands, islets, coral reefs, shoals, and sand cays, comprised within what you called ‘Freedomland’, with the exclusion of those belonging to the seven-island group known internationally as the Spratlys, as res nullius, some of them being newly risen, others marked in international maps as uncharted and their existence doubtful, and all of them being unoccupied and uninhabited; which means, in other words, that they are open to economic exploitation and settlement by Filipino nationals, who have as much right under international law as nationals of any other country to carry on such activities, so long as the exclusive sovereignty of any country over them has not been established in accordance with the generally accepted principles of international law, nor recognized by the international community of nations.
“As regards the seven-island group, known internationally as the Spratlys, the Philippine Government considers these islands as under the de facto trusteeship of the victorious Allied Powers of the Second World War, as a result of the Japanese Peace Treaty, signed and concluded at San Francisco, on September 8, 1951, whereby Japan renounced all its right, title and claim of the Spratly Islands and to the Paracel Islands, and there being no territorial settlement made by the Allied Powers up to the present with respect to their disposition. It follows, therefore, that as long as this group of islands remains in that status, it is equally open to economic exploitation and settlement by nationals of any member of the Allied Powers on the basis of equality of opportunity and treatment in social, economic, and commercial matters relating thereto.
“The Philippines is one of the Allied Powers which defeated Japan in the Second World War and is also a signatory power of the Japanese Peace Treaty referred to above.
“ I n view of the geographical location of these groups of islands and islets embraced within ‘Freedomland’, their proximity to the western territorial boundaries of the Philippines, their historical and geological relations to the Philippine archipelago, their immense strategic value to our national defence and security, aside from their economic potential which is admittedly considerable in fishing, coral and sea products, and in rock phosphate, assuredly the Philippine Government does not regard with indifference the economic exploitation and settlement of these uninhabited and unoccupied groups of islands and islets by Philippine nationals so long as they are engaged in furtherance of their legitimate pursuits.”
“FREEDOMLAND”
President Magsaysay lost his life some five weeks after the foregoing letter was written. A few days after President Garcia has named Mr. Serrano Acting Secretary of Foreign Affairs (August 22), the Secretary was quoted as saying, that he considered there were four problems which needed his immediate attention, these being:
- the military bases issue with the United States,
- the conclusion of a trade protocol with Japan,
- the repatriation of the 2,400 overstaying Chinese visitors, and
- the resolution of the status of the group of islands named ‘Freedomland’, off Palawan.
No further official developments came to public notice. In June, 1959, Cloma, having learned that some Taiwan merchants were trying to sell phosphate in Japan which, upon being analysed, appeared to have come from Freedomland, went to Japan to look into this matter. He said it was possible that Chinese got to one of the islands without being seen by his own men. “A serious conflict of interest is shaping up’, he was quoted as saying in Tokyo, “which may give rise to incidents and possible bloodshed. I have a hundred men in fishing boats there and they are carrying side-arms and home-made bombs.”
“I have interviewed the Foreign Secretary [Serrano] and the President [Garcia], and they seem to be giving the matter serious study, but they have done nothing yet.”
At this writing, middle of 1960, according to Mr. Cloma, he is maintaining only a “token occupation.” There are no families, no real settlements in the islands. He does have pending an agreement with a Chinese company in Hongkong for the exploitation of the resources of the islands, phosphate, seashells, turtle-meat, etc., but he has proposed that the Philippine Government admit the importation of pro- ducts from Freedomland as coming from a foreign country to minimize, he states, the smuggling possibilities. The Philippine Government has not taken any action as yet on this proposal.
FOREIGN AFFAIRS
Other Treaties, Agreements, Etc. Apart from the treaties and agreements reviewed at some length in this chapter, few others were negotiated during the Magsaysay period.
An agreement regarding the status of United Nations Forces in Japan was signed in Tokyo by the Philippines, among other interested countries, on February 19, 1954. The Protocol of Exchange on the ratification of the Treaty of Friendship with India, originally negotiated during the Quirino Administration in 1952, was signed in Manila on April 29, 1954. An agreement between the Government of the Philippines and that of the United Kingdom of Great Britain and Northern Ireland “for air services between and beyond their respective territories” was signed in Manila on January 31, 1955. The Treaty of Friendship with the Republic of E g y p t was signed on January 18, 1955, and was ratified by the Senate on April 11 of that year; Magsaysay, by a proclamation issued on February 9, 1956, made the Treaty public, -this, by the way, was some five and a half months before Nasser seized the Suez Canal. The important “Agreement for Cooperation between the Government of the Philippines and the Government of the United States of America Concerning Civil Uses of Atomic Energy” was signed on July 27, 1955; in an ac- companying exchange of notes it was stated that the Government of the United States “will provide at no cost to the Government of the Philippines a nuclear research reactor” the Philippines to bear the costs of maintaining and operating it. An agreement concerning the migration of Filipino workers to British North Borneo was signed on August 29, 1955. The Treaty of Friendship with the Swiss Confederation was signed on August 30, 1956. Finally, there was the Convention on Trademarks, etc., with Belgium, signed February 5, 1957.
