He has been a member of that distinguished body for more than 12 years — when, how and in what form, (even through a proposed amendment so as to fit his thinking) did he give that support? Below are the full text of Sumulong’s speech and Salonga’s reply. This ruling has often been quoted by proponents of the Sulu Sultanate's claim as proof of North Borneo's acknowledgment of the sultan's ownership of the territory, although it was made solely to determine who as heir was entitled to the "cession money" of 5,300 Malaysian ringgit per year. He knows the classified, confidential nature of the records and documents bearing on the Philippine claim. The younger Aquino was also […] It was rented to Brunei and British a long time ago. 27-29). The case was decided based on Malaysia's effectivités (evidence of possession and use by a particular state that is effective to claim title) on the two islands as both Indonesia and Malaysia did not possess treaty-based titles on Ligitan and Sipadan. [46] To date, Malaysia maintains that the Sabah claim is a non-issue and non-negotiable, thereby rejecting any calls from the Philippines to resolve the matter in ICJ. 1903 Confirmation of Cession of certain island, Sovereignty over Ligitan and Sipadan islands case. Thus, we have entered into defensive alliances like the mutual defense pact with the US and the SEATO pact. For respect for the rule of law has never meant and should never mean loss of honor and prestige. (7) Rather than prosecute the Philippine claim of sovereignty to a portion of North Borneo to the bitter end. Philippine Studies 36 (1988): 3- 15 The Philippine Claim on North Borneo: Another Look ALFREDO G. PAR PAN, S.J. Additional cession money was set at 300 dollars a year with arrears due for past occupation of 3,200 dollars. And I do hope that others will do likewise. This, to my mind, is a proposal so naive it does not do justice to the reputation of the distinguished Senator or to the depth and range of his studies. (2) If the Philippines lose its case, the damage to the honor and prestige of our Republic would be incalculable. The British may well be wrong here, just as they were proved wrong in their evaluation of Singapore on the eve of the Second World War (remember how the British thought it could “stand a long siege” and yet this “key base” fell in less than a week’s time?) Assuming that the Greater Confederation Plan does not convince the good Senator, after a careful reading of the studies that have been completed, can he not possibly render service to the Republic by suggesting positive, meaningful alternatives, having in mind his massive research and studies on the subject? Allen, J. de V.; Stockwell, Anthony J. Sabah is previously known as North Borneo prior to the formation of the Malaysian federation. This Company was awarded a Royal Charter in 1881. We are a religious people and we cannot accept a godless ideology. If Sarawak, Brunei, North Borneo and Singapore, should be lost to the free world by their turning communist or neutralist, the peace and security of the free world countries in Asia including the Philippines would be gravely imperilled. the Philippine claim to Sabah, the talks breaking down on the latter date after a number of meetings marked by acrimony and bitter exchanges. Similarly, former Malaysia foreign minister, Anifah Aman, who is also a Sabahan, criticised Locsin for his statement.[83]. It was known as North Borneo during the British colonial period (until 1963). In fine, the Senator would have the Republic launch a program of defeat — born of fear and doubt and timidity. as part of Malaysia. During the ensuing standoff, 56 of his followers were killed, along with 6 civilians and 10 Malaysian soldiers.[73][74][75][76]. How can he, on the other hand, have nothing but praise for Malaya which, without any claim at all and virtually a stranger in the region, desires to take over — thanks to British support — the Bornean territories? (British North Borneo, 1885)", "British North Borneo Treaties. [citation needed] The United States based government also refused to intervene in the dispute, officially maintaining a neutral stance on the matter and continuing to recognise Sabah[according to whom?] [23], The foregoing Sulu claim rests on the treaty signed by Sultan Jamalul Alam of Sulu appointing Baron de Overbeck as Dato Bendahara and Raja Sandakan on 22 January 1878. The good Senator realizes, of course, that if North Borneo should fall into hostile hands, it is the Philippines that will be immediately affected. [77] In response, the Malaysian Foreign Minister Hishammuddin Hussein rebuked the Philippine Foreign Secretary's tweet as an irresponsible statement that affects bilateral ties, and on 30 July 2020 summoned the Philippine ambassador. (adsbygoogle = window.adsbygoogle || []).push({}); (2) Even if the said heirs had a strong claim of sovereignty to North Borneo, our government should have advised them to file a petition or reservation to that effect before the United Nations, instead of agreeing to a transfer of such claim of sovereignty to the Republic of the Philippines. The balance of power in Asia between the forces of freedom on the one hand and the forces of communism on the other, is in a very precarious and critical posture today. The Philippines was going to recognize Malaysia as a federation and as a separate state on condition that this would not prejudice the claim of the Philippines over the Sabah area which the three heads of the nations agreed shall be settled in a peaceful way through negotiation, through judicial intervention, through conciliation, or any other peaceful means agreed upon by the people. The Sultanate of Sulu was granted the north-eastern part of the territory as a prize for helping the Sultan of Brunei against his enemies in 1658. Because of the success of the Federation of Malaya under the leadership of Abdul Rahman and with the British military and economic aid to fight communist infiltration and subversion, it is also expected that the enlarged Federation of Malaysia under the same leadership of Abdul Rahman and with continued British military and economic aid will be able to meet and overcome any communist attempt to capture Singapore, Sarawak, Brunei and North Borneo through infiltration and subversive activities. Incidentally, the good Senator cites Professor Tregonning of the University of Singapore, who wrote a book on the subject, “Under Chartered Company Rule” to support his own — not Tregonning’s — conclusion that Overbeck and Dent — the two adventurers whose exploits the good Senator carefully avoided mentioning — “evaluated the rights acquired from the Sultan of Brunei to be 3 times greater than the rights acquired from the Sultan of Sulu, the yearly payment to the former being Malayan $ 15,000 and to the latter Malayan $ 5,000.” His conclusion is not supported by the authority he cites. President Ferdinand Marcos said today he had proposed talks… 938. Chief Justice Charles Frederick Cunningham Macaskie of the High Court of North Borneo ruled on the share entitlement of each claimant.[33]. In 1963, a tripartite meeting was held in Manila between Indonesian president Sukarno, Philippines president Diosdado Macapagal and Malayan Prime Minister Tunku Abdul Rahman. North Borneo, formerly known as Sabah, was originally ruled by the Sultan of Brunei. They wanted to improve what many Filipinos felt was an embarrassing image as a puppet of the United States. Indonesia and the Philippines rejected the findings of the Cobbold Commission. [4], On 22 January 1878, the Sultanate of Sulu and a British commercial syndicate made up of Alfred Dent and Baron von Overbeck signed an agreement, which, depending on the translation used, stipulated that North Borneo was either ceded or leased to the British syndicate in return for a payment of 5,000 Malayan dollars per year.[7][8]. But this should not take the form of colonialism in a different guise which, instead of being a factor of stability becomes the source of endless provocation. For one thing, there is the simple matter of geography. Is this a better substitute to the Malaysia plan as an instrumentality to make Sarawak, Brunei and North Borneo safe and secure against communist infiltration and subversion once these countries become self-governing or independent? Like the isolationists of old, Senator Sumulong asks us: What is the gain of involving ourselves in North Borneo, if after all, even if we recover it, we are committed to the idea of letting the North Borneans determine what their eventual fate would be? (adsbygoogle = window.adsbygoogle || []).push({}); (1) If the Senator believes that the claim of sovereignty was so “tardily presented”, how could the proprietary claim of dominion or ownership — which is the main element of sovereignty — regardless of whether it is the Philippine Government or not that institutes the claim — be considered still seasonable and appropriate? of North Borneo and of Sarawak] strongly favours early realisation of Malaysia without too much concern over terms and conditions. Overbeck later sold out all his rights under the contract to Alfred Dent, an English merchant, who established a provisional association and later a Company, known as the British North Borneo Company, which assumed all the rights and obligations under the 1878 contract. However, a further, earlier treaty signed by Sultan Abdul Momin of Brunei appointed Baron de Overbeck as the Maharaja Sabah, Rajah Gaya and Sandakan. The remaining third is divided between those who insist upon independence before Malaysia is considered and those who would strongly prefer to see British rule continue for some years to come'. [40] The Philippines broke off diplomatic relations with Malaysia after the federation was formed with Sabah in 1963, but probably resumed relations unofficially through the Manila Accord, in which the Philippines made it clear that its position on the inclusion of North Borneo in the Federation of Malaysia was subject to the final outcome of the Philippine claim to North Borneo. He may well have asked himself, “Why July 10, 1946?” and thereafter report to the Senate and to the people he loves so well the results of his new inquiry. This offer was accepted by President Macapagal and to give semblance of legality to the transfer of sovereignty from the said heirs to the Republic of the Philippines, in September of last year (1962) out of the several surviving heirs of Sultan Jamalul Kiram who died in 1936, Esmail Kiram was proclaimed the new Sultan of Sulu claiming to possess all the attributes and prerogatives of a sovereign ruler and as such he executed a deed of cession of his alleged claim of sovereignty to North Borneo in favor of the Republic of the Philippines. There is something misleading in this naked assertion. (5) If President Macapagal honestly believes that his proposed Greater Malayan Confederation is a better substitute to the Malaysia plan to defend and protect ourselves and the other Malayan peoples of Asia against the danger of communist infiltration and subversion, then he must abandon talking in platitudes and generalities and at once spell out concretely and specifically, the ways and means, the military and economic aid if any by which the Greater Malayan Confederation expects to help the people of North Borneo, Brunei and Sarawak to fight and overcome successfully the forces of communism once they become self-governing or independent. If between now and August 31,1963, the scheduled date of birth of the Malaysia Federation, these countries should stiffen in their attitude towards our claim, I must state in all candor that for all my respect for him and even assuming the nobility of his motives, the good Senator cannot fully escape the burden of responsibility. (ed.). On 27 July 2020, Philippine Foreign Secretary Teodoro Locsin Jr. posted a tweet replying to a post from the US Embassy in Manila on the "US donation of hygiene kits to Filipinos from Sabah, Malaysia" by saying that "Sabah does not belong to Malaysia". A few days ago, Senator Lorenzo Sumulong spoke on the floor of the Senate to air his views on the Philippines claim to North Borneo. Neither can they rely on US military or economic aid, since the present trend in American foreign policy as manifested in Senator Mansfield’s position is to cut down on American foreign aid by not giving to those countries to which the US has not heretofore given aid and to gradually reduce the amount as to those countries to which the US has been giving aid. The Crown, on July 10, 1946 — just six days after Philippine independence — asserted full sovereign rights over North Borneo, as of that date. Will there be a common armed force? International law, it may be well to remind our good Senator, does not require exact, rigid definition of a territory by metes and bounds. [37] This argument however, contradicts the treaty made between Spain and the Sultanate of Sulu in 1878, which expressly states that all of the territory of the Sultanate of Sulu is relinquished to Spain. The good Senator could have informed the people, having proclaimed knowledge of all the relevant facts, that the British Crown never considered North Borneo as British territory, nor the North Borneans as British subjects, until July 10, 1946 — six days after the Philippines became independent. [17][18] Furthermore, the term "selama-lama" which means "forever" or "in perpetuity" indicate a binding effect beyond the lifetime of the then Sultan. It can be argued however, that "pajakan" means "mortgage" or "pawn" or even "wholesale", as per the contemporary meaning of "pajakan" in Sulu and Malay, which essentially means that the land is pawned in perpetuity for the annual cession money, and the sultanate would need to repay the entire infinite value of the territory to redeem it back. Our commitments The British North Borneo Company entered into a Confirmatory Deed with the Sultanate of Sulu in 1903, thereby confirming and ratifying what was done in 1878. [10][11][12] However, the British used the interpretation of historian Najeeb Mitry Saleeby in 1908 and William George Maxwell and William Summer Gibson in 1924, which translated pajak as "grant and cede".[13][14][15][16]. Memorandum by the Secretary of State for the Colonies. The case for Philippine ownership of Sabah relates to the Sulu Sultanate, a thalassocracy established in 1405. Acting on this unanimous resolution and having acquired all the rights and interests of the Sultanate of Sulu, the Republic of the Philippines, through the President, filed the claim to North Borneo. SANDAKAN, Aug 26 — Democratic Action Party (DAP) Member of Parliament for Sandakan, Vivian Wong, yesterday said the Philippines must stop any baseless claim on Sabah immediately as such provocations are simply outrageous and irresponsible. But the good Senator would like to know what are the “exact metes and bounds” and gloats over the seeming inability of the people in the Foreign Affairs Department to tell him what are the exact boundaries. Let us recall the history of Malaya. I am and have always been in favor of our government giving every possible support to the proprietary claims of the heirs of the late Sultan Jamalul Kiram. From the foregoing facts and considerations, I submit to the Senate and to our people the following conclusions: (1) If the administration of President Macapagal seriously believes that the Philippine claim of sovereignty to a portion of North Borneo should be prosecuted to the bitter end, it must be prepared to establish the identity of that portion whether the case is brought before the International Court of Justice or before the United Nations. The part of Sabah that was Philippines is just a small portion of land to the east of Sabah. This was amazing in the extreme. The three heads of state signed an agreement known as the Manila Accord, which stipulated that the inclusion of North Borneo as part of Malaysia would not prejudice either the claim or any right thereunder by the Philippines to the territory. The cold, lifeless records of Congress yield no evidence of what he now eloquently professes. The ruler of Cambodia has decided to align himself on the side of Red China. [48][49] The statement, however was not followed through,[50] despite negotiations[51] and reassurances made by Marcos again in 1984 with Malaysian Prime Minister Mahathir Mohamad. South Vietnam is facing a life and death struggle with the Viet Congs. We would appear as attempting to colonize North Borneo without any lawful or just cause, contrary to our vehement denunciations of colonialism and our loud demands that the grant of self-government or independence to subject peoples be accelerated. In 1977, the Malaysian government asked the Philippines, under then President Ferdinand Marcos, to give up its claim on Sabah. I have asked before and I now again ask: Is it the plan that this Greater Malayan Confederation will not seek any outside military or economic aid either from Britain or from the US and that each member state will just rely on her own military and economic resources to fight communist infiltration and subversion? On 22 April 1903, the successor of Sultan Jamalul Alam, Sultan Jamalul Kiram II, signed a document known as "Confirmation of cession of certain islands", under which he grant and ceded additional islands, in addition to the land agreed upon in 1878, in the vicinity of the mainland of North Borneo from Banggi Island to Sibuku Bay to British North Borneo Company. For so long the North Borneans have been under British tutelage; the Malaysia plan is British-conceived, British-inspired and British-sponsored; Malaya is raring to take over a territory whose native inhabitants, according to the Cobbold Report, have a low level of education and political consciousness and who were ready to agree to the Malaysia proposals “although they were not fully understood.” Now, what kind of free elections does the Senator expect to witness in North Borneo? Is the Philippines ready to extend military and economic aid to North Borneo, Brunei and Sarawak and if so, how much is the present administration willing to appropriate for this purpose? Marcos drops Philippine claim to Sabah. Locsin then summoned the Malaysian ambassador in a tit-for-tat move. In the first place, a Federation plan need not be approved by the United Nations. [70][71], On 11 February 2013, a group of approximately 100–200 individuals, some of them armed, arrived by boat in Lahad Datu, Sabah from Simunul island, Tawi-Tawi in the southern Philippines. [26], In 1885, Great Britain, Germany and Spain signed the Madrid Protocol to cement Spanish influence over the islands of the Philippines. He tells his colleagues in the Senate and the Filipino people that “the heirs of the Sultan of Sulu” should have gone to the United Nations, presumably to the International Court of Justice, so that if the said heirs lose their case, “there would be no loss of honor or prestige for the Republic of the Philippines.” I would commend to the good Senator a closer reading of the Statute of the International Court of Justice, in relation to Chapter 14 of the United Nations Charter. We leave it to our readers to judge the merits of the case as presented by the senators 50 years ago. But silence could be tortured out of context and construed by others, not familiar with the facts, as an implied admission of the weakness of the Philippine stand. This must be a new brand of logic! In short, the good Senator would have us tell the world we are abandoning our claim, let Malaya take over North Borneo under the so-called Malaysia Federation, then ask for a referendum in North Borneo to ascertain what the North Borneans want. Sabah is not in Malaysia if you want to have anything to do with the Philippines. It is only now that Britain and Malaya have become increasingly appreciative of our stand and their willingness not to prejudice our claim despite Malaysia is certainly a great credit to the Administration. I trust our British friends, here and across the seas, will understand if, in defense of our position, we come pretty close to the area of danger. The Confirmatory Deed of 1903 must be viewed in the light of the 1878 Agreement. But here is the administration of President Macapagal involving the honor and prestige of our government in a claim of sovereignty to a portion of North Borneo, without being able to tell us the identity of that portion. (2) If the Senator suggests now that the proprietary claim is not yet tardy and that the Government should merely support, “the heirs of the Sultan” in this aspect of the claim, how can he turn around and say that it is late if it is the Government that is instituting the claim? In the aftermath of the February Revolution (22-25 February 1986), which ousted the Marcos regime, the Aquino-Laurel administration declared its intent to resolve "frontally" the issue of the Sabah claim The inhabitants of the Philippines and Borneo come from the same racial stock, they have the same color, they have or used to have similar customs and traditions. @MalaysiaMFA will summon the Philippines Ambassador on Monday to explain. The forces of freedom must combine and cooperate militarily and economically in order to balance the military and economic power of the forces of communism. The Star Online. Shortly thereafter former American Governor General Harrison, then Special Adviser to the Philippine Government on Foreign Affairs, denounced the Cession Order as a unilateral act in violation of legal rights. North Borneo Claim - Diosdado Macapagal's Second State of the Nation Address on 28 January 1963, "British North Borneo company charter (page 4)", "East and Southeast Asia: the Philippines", "Sabah Standoff: Diplomatic Drama After Filipino Militants Storm Malaysia", "Tuntutan Kesultanan Sulu terhadap Sabah: Soroton dari Perspektif Sejarah dan Perundangan (The Claim Over Sabah by the Sultanate of Sulu: A Revision from Historical and Legal Perspective)", "Translation by Professor Conklin of the Deed of 1878 in Arabic characters found by Mr. Quintero in Washington (Philippine Claim to North Borneo)", "Contrato de Arrendo de Sandacan en Borneo, con el Baron de Overbeck", "Brief memorandum on the government of the Sultanate of Sulu and powers of the Sultan during the 19th century (The Philippine Claim to a Portion of North Borneo)", "British North Borneo Treaties. [20], During a meeting of Maphilindo between the Philippine, Malayan and Indonesian governments in 1963, the Philippine government said the Sultan of Sulu wanted the payment of 5,000 from the Malaysian government. What joint and common measures will the member states take in order to help each other in fighting communist infiltration and subversion? I want to make clear that I am always subject to correction. Here is the full text of Senator Salonga’s rebuttal speech delivered on March 30, 1963, which was broadcast over radio and television and published in The Manila Times on March 31, April 1-2, 1963. (1984, Februari 24). ISBN 978-0-379-00781-7. When she became independent in 1957, Malaya was faced with a grave internal problem of communist infiltration and subversion. In part, my reaction was dictated by the belief, so aptly expressed elsewhere, that the best way to answer a bad argument is to let it go on and that silence is the “unbearable repartee.”. [35], On 15 July 1946, the North Borneo Cession Order in Council, 1946, declared that the State of North Borneo is annexed to the British Crown, hence becoming a British colony. In population, the Chinese is the second biggest in number, next only to the Malays, so that the danger of Chinese communist infiltration and subversion was real and acute. In this connection, it is worthy of note that judging from press reports of Filipino newspapermen who had gone to North Borneo, the popular reaction there to our claim of sovereignty is one of surprise and resentment rather than sympathy and support. Despite the presence of the Philippine claim to Sabah, as a successor to the legitimate ownership rights of the Sultanate of Sulu, conditions of relative peace prevailed in Sabah to allow for its economic growth and development. This is an irresponsible statement that affects bilateral ties. The originally agreed 5,000 dollars increased to 5,300 dollars per year payable annually. UPI. The first commission, usually known as the Cobbold Commission was established by the Malayan and British governments and was headed by Lord Cobbold, along with two representatives of Malaya and Britain (but neither of the territories under investigation). And so, I decided to make this reply, fully aware that in an exchange such as this, considering that our claim is still pending and each side is feeling out the other’s legal position, none but our British friends and their successors may well profit. (6) Our people must be told and made to realize that if we are to be consistent with our avowed policy of opposing communism firmly and uncompromisingly, then for the peace and security not only of ourselves but of our free world allies in Asia, we must see to it that North Borneo, Brunei and Sarawak, remain on the side of the free would and not turn communist or neutralist, once they become self-governing or independent. 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