The Legal Effect of the Acquisition of the Philippine Islands – April 1900

March 15, 2016  – This law review published by University of Pennsylvania’s Department of Law  in April 1900 proves that the Philippines is a U.S. territory and was never a U.S. colony. On 28 April 2014, Pres. Obama relinquished American claim over the Philippines in a joint press conference with Aquino III in Manila.

PRES. OBAMA & AQUINO III’S JOINT PRESS CONFERENCE  MANILA, PHILIPPINES – 28 APRIL 2014
https://www.youtube.com/watch?v=BeCdLK8ilHo 
 
During that joint press conference in Manila on April 28, 2014, Pres. Obama clearly stated that:
–  “Our goal is NOT to counter China. Our goal is NOT to contain China.”
–  “We (the U.S.) DO NOT HAVE have claims in this area, territorially.”
 
From 13:56 to 14:20 PRESIDENT OBAMA: “Well, I’ve been consistent throughout my travels in Asia. We welcome China’s peaceful rise. We have a constructive relationship with China. There is enormous trade, enormous business that’s done between the United States and China. There are a whole range of issues on the international stage in which cooperation between the U.S. and China are vital. So our goal is not to counter China. Our goal is not to contain China.“
 
Our goal is to make sure that international rules and norms are respected, and that includes in the area of maritime disputes.
 
14:34 – “We do not have claims in this area territorially. We’re an Asia Pacific nation and our primary interest is the peaceful resolution of conflict, the freedom of navigation that allows for continued progress and prosperity. And we don’t even take a specific position on the disputes between nations.”
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But if we look back just after the end of WWII in the Pacific, Pres. Truman has made it very clear under Proclamation 2667 dated Sept. 28, 1945 that the Spratlys is part of the United States of America. 
 
Proclamation 2667: https://www.nedmacario.us/2016/03/15/pres-harry-s-trumans-proclamation-2667-sept-28-1945/
 
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Feb. 18, 2016 – President Obama prepares to head to Cuba next month. Today is the 70th anniversary of the Rescission Act of 1946 “Before 18 Feb. 1946 the Philippines was a U.S. territory and FILIPINOS WERE U.S. NATIONALS.”
 
 
Let’s go back to Sept. 28, 1945 after Proclamation 2667 was signed. After WWII, Japanese collaborators retained power in the Philippines. In addition to Jose P. Laurel the Japanese puppet president the rest of the 5,553 collaborators include like Benigno Aquino, Sr. grandfather of incumbent president Benigno Aquino III and most important of all, Manuel A. Roxas, Sr. grandfather of Mar Roxas II, now the administration’s official candidate for president in the coming May 2016 election.
 
 
In 1945 the Backpay Law  was passed by the postwar Commonwealth Congress authorizing the financially strapped Philippine Treasury, to pay back salaries and wages to members of Congress and their staff to cover the three years of Japanese occupation.  In effect, the Backpay Law compensated the legislators for their service to the Japanese controlled puppet republic headed by Jose P. Laurel with Benigno Aquino, Sr. as Speaker of the National Assembly and de-facto vice president.
 
 
Perhaps in retaliation, the Truman administration stripped ALL Filipinos of our U.S. nationality, including the majority of the people who fought for the U.S. during the war.
 
 
We were forced renege on our Pledge of Allegiance to flag: “one nation under God INDIVISIBLE. “
 
 
We were forced to embrace treason.
 
 
We were denied our right to worship God in our own way. The Catholic and Christian religions do not consider theft, murder and treason virtues.
 
 
We now demand parity with other Native American people. 
 
 
We demand better management and care of our natural resources in  our ancestral land the Philippines.
 
 
The Rescission Act of 1946 (38 U.S.C. § 107) is a law of the United States that RETROACTIVELY annulled benefits that would have been payable to Filipino troops on account of their military service under the auspices of the United States during the time that the Philippines was a U.S. territory and FILIPINOS WERE U.S. NATIONALS.
 
Enacted by the 79th United States Congress (Look! It’s the US Congress that passes the laws not the U.S. President. The U.S. President could veto the bill or sign it into law and execute the law prepared by the U.S. Congress.)
 
Effective February 18, 1946 Citations Public law 79-301 Legislative history Signed into law by President Harry S. Truman on February 18, 1946 Major amendments:
 
American Recovery and Reinvestment Act of 2009 Rescission Act of 1946 – From Wikipedia, the free encyclopedia https://en.wikipedia.org/wiki/Rescission_Act_of_1946  
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The Philippines was prematurely granted independence on 4 July 1946 through the Treaty of Manila. But like the 1934 Philippine Independence Act, there was no referendum seeking the Filipino people’s consent to secede from the U.S. and renege on our Pledge of Allegiance. Therefore, the 1946 Philippine independence is null and void. As far as the Spratlys and the entire Philippines is concerned, here is why I, as a Native American, have superior claim over all others:
 
– The People’s Republic of China (PROC) did not exist until 1 Oct. 1950.
– Malaysia did not exist until 31 Aug. 1957.
– Singapore of today did not exist until 9 August 1965. Singapore joined the Malayan Federation on 16 Sept. 1963 but was expelled on 9 Aug. 1965. This is Singapore’s independence day.
– The Socialist Republic of Vietnam did not exist until 2 July 1976.
– The Philippine republic founded in 1946 by virtue of the Treaty of Manila is null & void. No referendum was held asking the Filipino people if they wanted to secede from the union (U.S.).

THE LEGAL EFFECT OF THE ACQUISITION OF THE PHILIPPINE ISLANDS. -University of Pennsylvania, April 1900 HIGHLIGHTS: 

– The Philippines became a part of the U.S. territory by treaty and convention and “the right of our (US) national government thus to extend its bounds has never been, nor can it ever be, called in question by any other nation.” (Pages 193 & 194)     

– The only other limitation on the US Government’s action is the will of the American people from whence the government derives its powers as stated in the U.S. Constitution.  (Page 194) (Hence the need for a referendum if Filipinos wanted the Philippine Commonwealth Act of 1934; the Rescission Act of 1946 when Filipinos were stripped of their US. Nationality and the Treaty of Manila that granted independence to the Philippines as ratified by the U.S. Senate on 22 Oct. 1946 . – BM)

  – Constitution and the laws of the United States shall be the supreme law of newly acquired territory. (Pages 194 & 195) – Pres. Jefferson sought the amendment of the Constitution to make the Louisiana Purchase possible. Napoleon Bonaparte bought Louisiana from Spain and then sold the same to the U.S. Based on this constitutional amendment, Louisiana and other purchases and annexations followed including the acquisition of Florida, what became part of Arizona (Gadsen Treaty) Alaska and the annexation of Hawaii in 1898. (Pages 195, 196 & 197)

 – With the right to acquire territories comes the authority to govern. Acquired territories are not entitled to self-governance.

Therefore, they must be under the dominion and jurisdiction of the Union “or it would be without any government at all.” (Page 197)

Here is the last paragraph of the Law Review p.210:  “The Legal Effect of the Acquisition of the Philippine Islands – April 1900”

“Let (the US) Congress GRANT CITIZENSHIP INDISCRIMINATELY to the white, black, yellow and BROWN races of the Philippine Islands, and questionably they will then have NO POWER TO EXCLUDE THEM FROM COMING TO THE (U.S. ) CONTINENT OR FROM THE ENJOYMENT OF ANY OTHER CONSTITUTIONAL RIGHT OR PRIVILEGE, but until such legislation by Congress, the Constitution of the United States EXTENDS NO GREATER PRIVILEGES TO THE PEOPLES OF THE PHILIPPINE ISLANDS THAN TO THE SAVAGE TRIBES OF ALASKA.

 

Chicago.                                                               Frank J.R. Mitchell

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Source:  THE LEGAL EFFECT OF THE ACQUISITION OF THE PHILIPPINE ISLANDS. –  University of Pennsylvania, April 1900 http://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=5926&context=penn_law_reviewThe Legal Effect of the Acquisition of the Philippine Islands - April, 1900-page-001The Legal Effect of the Acquisition of the Philippine Islands - April, 1900-page-002The Legal Effect of the Acquisition of the Philippine Islands - April, 1900-page-003The Legal Effect of the Acquisition of the Philippine Islands - April, 1900-page-004The Legal Effect of the Acquisition of the Philippine Islands - April, 1900-page-005The Legal Effect of the Acquisition of the Philippine Islands - April, 1900-page-006The Legal Effect of the Acquisition of the Philippine Islands - April, 1900-page-007The Legal Effect of the Acquisition of the Philippine Islands - April, 1900-page-008The Legal Effect of the Acquisition of the Philippine Islands - April, 1900-page-009The Legal Effect of the Acquisition of the Philippine Islands - April, 1900-page-010The Legal Effect of the Acquisition of the Philippine Islands - April, 1900-page-011The Legal Effect of the Acquisition of the Philippine Islands - April, 1900-page-012The Legal Effect of the Acquisition of the Philippine Islands - April, 1900-page-013The Legal Effect of the Acquisition of the Philippine Islands - April, 1900-page-014The Legal Effect of the Acquisition of the Philippine Islands - April, 1900-page-015The Legal Effect of the Acquisition of the Philippine Islands - April, 1900-page-016The Legal Effect of the Acquisition of the Philippine Islands - April, 1900-page-017The Legal Effect of the Acquisition of the Philippine Islands - April, 1900-page-018

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