MANILA, Philippines - The Supreme Court on Thursday dismissed a petition asking the high court to compel Malacañang to push the country's claim to Sabah before the International Court of Justice (ICJ).
The justices decided to dismiss the petition filed by Louis "Barok" Biraogo who sought the high court's intervention to press Foreign Secretary Albert del Rosario to execute the Philippines claim to Sabah.
"Biraogo petition re Sabah claim denied because it falls exclusively within foreign affairs and thus exclusively within executive branch and not subject to mandamus," SC Public Information Office Chief and spokesman Atty. Theodore Te said in a text message.
The justices, during their deliberation, ruled that the case must be dismissed outright for lack of merit.
The SC said it cannot compel a co-equal branch of government via petition for mandamus.
It added the judiciary and the executive Department, like the Department of Foreign Affairs, cannot be forced by the court to make a political decision and execute its claim because of the existing separation of powers.
The SC cited its old jurisprudence where the court cannot intrude into Malacañang's powers.
In his petition, Biraogo asked the SC to order Del Rosario to take the Sabah case before the ICJ.
"The territory that is North Borneo (or what Malaysia began to call as Sabah in September 1963) undoubtedly belongs to the Republic of the Philippines by historic right and legal title," the petition said.
"Recorded history confirms this," it added.
The government has started studying the country's claim over Sabah following the standoff between Malaysian authorities and supporters of the Sultanate of Sulu.
Hundreds of Filipinos living in Sabah have evacuated the island state due to the standoff.