His Excellency Ferdinand E. Marcos President of the Philippines On a radio-television chat regarding the Sabah claim issue [Delivered on September 22, 1968] PURSUE SABAH CLAIM BY PEACEFUL MEANS. The good Senator, whose patriotism I do not propose to impugn, has had access to the confidential records and documents of the Department of Foreign Affairs. When a man sues in court to recover title and possession to a piece of land, the first thing he has to prove in court is the identity of the land. Duterte wants the Philippines out of the International Court of Justice (ICJ), we should have brought our claims over Sabah to the ICJ, but I guess it is too late now. Why did Overbeck and Dent still contracted with the Sultan of Sulu for territory already ceded to them under the four contracts with the Sultan of Brunei? (3) Contrary to the impression created in the minds of our people, the claim of sovereignty put forward by our government as transferee of the Sultan of Sulu does not cover the entire area of North Borneo, but only a portion thereof. 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. I have refrained from discussing on the floor of the Senate the Malaysia plan or the alternative plan of a Greater Malayan Confederation proposed by President Macapagal in connection with the Philippine claim of sovereignty to a portion of North Borneo, while the Senate Committees on Foreign Relations and National Defense and Security were holding joint closed-door hearings in Camp Murphy. 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. 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. For respect for the rule of law has never meant and should never mean loss of honor and prestige. Jesselton is nearer to Saigon or to Manila than to Kuala Lumpur. Their own racial problems are much simpler and their economic prosperity does not require any political integration with Malaya. All that we are told is that the proposed members of are Malaya, Singapore, Sarawak, Brunei, North Borneo and the Philippines. A look at the map of North Borneo will show that Gaya Bay is farther to the west than Pandassan River. The Malaysia wanted the Philippine government to eliminate the clause on "historic title" in its constitution and repeal RA 5446. [9], The keyword in the agreement is the ambiguous term pajakan, a Malay term which was translated by Spanish linguists in 1878 and by American anthropologists H. Otley Beyer and Harold Conklin in 1946 as "arrendamiento" or "lease". If the said heirs lose their case before the United Nations, there would be no loss of honor of prestige for the Republic of the Philippines. Let us deal now with Senator Sumulong’s analysis of the “relevant facts”. 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? The lease contract of 1878 tells us in specific terms the natural boundaries and I do not think Senator Sumulong can improve on it. 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. Borneo is only 18 miles away from us today. 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 younger Aquino was also […] In the language of international law authorities of the highest repute, “rigidly fixed boundaries are not indispensable and boundaries of a territory may be indicated by natural signs, such as rivers, mountains, deserts, forests and the like.” (See, for example the decision of the German-Polish Mixed Arbitral Tribunal, August 1,1929). (adsbygoogle = window.adsbygoogle || []).push({}); Assuming that we fail to recover North Borneo, the good Senator insists that “we would appear as attempting to colonize North Borneo without any lawful or just cause.” How can Senator Sumulong damn his own country as a colonizer when it is precisely submitting its claim, based on historic and legal considerations, in accordance with the peaceful procedures indicated in the United Nations Charter? In the later contract with the Sultan of Sulu, the territory ceded to Overbeck and Dent was from the Pandassan River on the west coast to the Sibuco River on the east, for which the Sultan of Sulu was to receive a yearly payment of Malayan $ 5,000. 1903 Confirmation of Cession of certain island, Sovereignty over Ligitan and Sipadan islands case. 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. @MalaysiaMFA will summon the Philippines Ambassador on Monday to explain. RELATED CONTENT. 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. [47], At the ASEAN Summit on 4 August 1977, Philippine President Ferdinand Marcos announced that the Philippines would take "definite steps to eliminate one of the burdens of Association of Southeast Asian Nations (ASEAN) — the claim of the Philippine Republic to Sabah". The Federation of Malaysia is the British plan of giving self-government to Sarawak, Brunei and North Borneo and at the same time safeguard them against communist infiltration and subversion. This was admitted by the Philippine panel during the London talks, but the administration of President Macapagal has kept mum and has not brought this important fact to the attention of our people. [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]. They entered into various treaty arrangements with him. — Picture by Hari Anggara. It is small wonder that the administration of President Macapagal is at a loss to identify the portion of North Borneo subject of their claim of sovereignty. [60][61] The "referendum" did not involve the entire population of North Borneo and Sarawak at that time, but only representative consultations. [43][44] Diplomatic ties were resumed in 1989 and succeeding Philippine administrations have placed the claim in abeyance in the interests of pursuing cordial economic and security relations with Kuala Lumpur. But as I said earlier, the good Senator had access to the Government’s Confidential Report. [29], The confirmatory deed of 1903 makes it known and understood between the two parties that the islands mentioned were included in the cession of the districts and islands mentioned on 22 January 1878 agreement. The plan is to follow the same pattern by which Malaya was given independence on August 31, 1957 and by means of a mutual defense pact with the former mother country (Britain), receive such military and economic aid to enable her to fight communist infiltration and subversion successfully. The Philippines, presenting itself as the successor state of the Sultanate of Sulu, retains a "dormant claim" on Eastern Sabah on the basis that the territory was only leased to the British North Borneo Company in 1878, with the sovereignty of the Sultanate (and subsequently the Republic) over the territory never having been relinquished. The respected Senator tells us that he cannot say whether the Greater Confederation plan is a better substitute. Let me now turn to the Greater Confederation of Malay States proposed by President Macapagal. Did he really support the proprietary aspect of the claim since he first became a member of the House of Representatives and assumed the Chairmanship of the House Committee on Foreign Affairs? The case for Philippine ownership of Sabah relates to the Sulu Sultanate, a thalassocracy established in 1405. Why was the Philippine claim of sovereignty to North Borneo so tardily presented in the United Nations? Muslim members of Congress also voiced their strong opposition to the measure for fears it would "endanger" the proprietary rights of the Sultanate of Sulu. He knows the classified, confidential nature of the records and documents bearing on the Philippine claim. I for one believe in all sincerity that under the present circumstances, the better course to follow is for our government to inform the United Nations in due time, i.e., when the Federation of Malaysia plan is submitted for consideration in the United Nations that we are voluntarily relinquishing whatever claim of sovereignty we may have to any portion of North Borneo in order to accelerate the changing of its status from a non-self governing territory to that of a self-governing or independent state and that we favor holding a plebiscite under United Nations auspices to give the people of North Borneo the opportunity to freely express their will and wishes as to whether they want to join the Federation of Malaysia or the Greater Malayan Confederation or exist as a separate independent state. The territory had long ceased to be under Brunei control and failed to bring in any revenue. Subscribe to INQUIRER PLUS to get access to The Philippine Daily Inquirer & other 70+ titles, share up to 5 gadgets, listen to the news, download as early as 4am & share articles on social media. [25] The Sultan declared beyond discussion the sovereignty of Spain over all the Archipelago of Sulu and the dependencies thereof. Likewise, in reading Tregonning, the good Senator avoided telling the people that the history professor he cited characterized the yearly payment of Malayan $ 5,000 to the Sultan of Sulu as “annual rental” (p. 14), that the British Colonial Office objected strenuously to the grant of the Royal Charter to the British North Borneo Company, “considering that no private company should exercise sovereign rights” (p. 20) and that the highest British officials were reassuring one another that the Royal Charter awarded to the British North Borneo Company did not vest the sovereignty of the territory in the British Government (at pp. [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. Let us recall the history of Malaya. cit. Upon his election in 2016, President Rodrigo Duterte said he would press the Philippines’ contentious claim to Sabah. These questions are relevant, material and pertinent and must be answered by President Macapagal and the proponent of the Greater Malayan Confederation, before they can expect any Filipino to rally to its support and before they can expect the proposed member-states of such Confederation to be convinced that it is a better and more effective instrument than the Malaysia plan to combat and overcome the communist menace in their respective territories. I thought he had all the relevant facts. It is pertinent to point out that Singapore, Sarawak, Brunei and North Borneo are outside the SEATO area so that they cannot rely on the SEATO for protection against communism. But before I take up the Senator’s arguments in detail, it may be well to set our frame of reference by restating the position of the Philippine Government on the North Borneo claim. Indonesia and the Philippines rejected the findings of the Cobbold Commission. 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. Senator Sumulong has now found it proper and imperative, if we take him literally, to ventilate his views berating the merit and validity of the Republic’s claim, accusing his own Government of gross ignorance and holding in unbelievable disdain the Philippine position on the British-sponsored Malaysia plan. ", "North Borneo (Sabah): An annotated timeline 1640s-present", "PHILIPPINES, FEDERATION OF MALAYA and INDONESIA", "Filipino pirates wreak havoc in a Malaysian island paradise", "The Court finds that sovereignty over the islands of Ligitan and Sipadan belongs to Malaysia", "Sovereignty over Pulau Ligitan and Pulau Sipadan (Indonesia/Malaysia)", "Sovereignty over Pulau Ligitan and Pulau Sipadan (Indonesia v. Malaysia) (Permission to Intervene by the Philippines)", "Sovereignty over Pulau Ligitan and Pulau Sipadan (Indonesia/Malaysia), Application for Permission to Intervene, Judgment", "Heirs of Sultan of Sulu pursue Sabah claim on their own", "Sultanate of Sulu wants Sabah returned to Phl", "Dakwaan anggota tentera terbunuh hanya taktik musuh - Panglima Tentera Darat", "Lahad Datu invasion: A painful memory of 2013", "Malaysia, Philippines in war of words over Sabah claim", "Philippines' claim on Sabah needs to be solved once and for all by Federal Govt, says Shafie", "Sabah chief looks to ASEAN to quash Philippine territorial claim", "Shafie demands Wisma Putra protest Manila's plan to include Sabah in map on its passports", "Shafie tells Wisma Putra to issue stern warning to Philippines over Sabah claim", "Ex-chief minister Musa Aman slams Philippines over Sabah claim", Exchange of notes constituting an agreement relating to the implementation of the Manila Accord of 31 July 1963, Agreement relating to Malaysia between United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore, Cabinet Memorandum. It was further agreed to petition the UN to send another commission of enquiry and the Philippines and Indonesia agreed to drop their objection to the formation of Malaysia if the new commission found popular opinion in the territories in favour. [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. Or will this be a purely social club? Malaysia further contended that "the issue of sovereignty over Ligitan and Sipadan is completely independent of that of the status of North Borneo" and that "the territorial titles are different in the two cases". It was known as North Borneo during the British colonial period (until 1963). However, the scope of our claim is clear: we are claiming these portions of North Borneo which were leased, as clearly defined and described in the contract of 1878 and which are still under the de facto control and administration of the British Crown. In the first place, a Federation plan need not be approved by the United Nations. And I do hope that others will do likewise. (British North Borneo, 1878)", "1878 Grant of Lease by the Sultan of Sulu to Britain: Profession Conklin Translation vis a vis Maxwell and Gibson Translation", "English Pilipino Sama Sibutu', BASIC VOCABULARY", "Philippine Claim to North Borneo, Volume 2", "Malaysia stopped paying cession money to Sulu Sultanate in 2013", "WHAT WENT BEFORE: Sultan of Sulu's 9 principal heirs", "British North Borneo Treaties. On March 25, 1963, Senator Lorenzo Sumulong delivered a privileged speech berating the Philippines claim to North Borneo (Sabah), which had been filed by President Diosdado Macapagal on June 22, 1962. Share Facebook Twitter Linkedin WhatsApp Telegram Pinterest e-mel Print. Did he give it in the Senate active and real support, even in its proprietary aspects? Authoritative Western scientists have traced the land bridges that connected these two places. During the ensuing standoff, 56 of his followers were killed, along with 6 civilians and 10 Malaysian soldiers.[73][74][75][76]. The present mutual defense pact between Britain and the Federation of Malaya will then be extended to this enlarged Federation of Malaysia. Don't miss out on the latest news and information. The duty of the administering power to prepare the non-self-governing territory for self-government or independence is provided for in Chapter XI, Article 73 b of the United Nations Charter which makes it the duty of the administering power “to develop self-government, to take due account of the political aspirations of the (non-self-governing) peoples and to assist them in the progressive development of their free political institutions.”. (British North Borneo, 1877)", "British North Borneo Treaties. It is, of course, not the fault of the Senator that the British, in an admirable show of unity, enjoyed and were immensely fascinated by his press releases and statements. 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? Sabah is part of the Philippine terretory as stated in the Grade IV book used by our elementary students right now. Since the transferee acquires no better rights than the transferor, this weakens the present claim of the Republic of the Philippines. 11,14-15). And if Indonesia insists that the peoples of Sarawak, Brunei and North Borneo are against Malaysia, we should point out to her that there is available UN machinery and there is the peaceful remedy of asking for a plebiscite under the auspices of the United Nations, which renders unnecessary resort to war or use of force and violence. They do not constitute a State, as that term is understood in law. (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. He knows or should know that incisive studies have been made and completed since last year on the Greater Confederation Plan by an Ad Hoc Committee, composed of professors and scholars in the University of the Philippines. Additional cession money was set at 300 dollars a year with arrears due for past occupation of 3,200 dollars. The good Senator did not care to tell our people that the whole concept of Malaysia was designed to sterilize Singapore, that the whole plan was intended to redress Chinese dominance in Singapore and Malaya and that the Federation was not conceived out of a sense of oneness, or of racial or ethnic unity, or of a common heritage, but out of mutual fear and distrust. Under her constitution, these 11 states upon becoming independent agreed to form a Federation with a federal parliament composed of two houses in which each of the 11 states was given representation. It was only in December of last year (1962) that the Philippine delegation, during the consideration of the yearly report of the British administration over North Borneo in the Trusteeship Committee, made a reservation contesting for the first time the right of the British to rule and administer North Borneo. The Crown, on July 10, 1946 — just six days after Philippine independence — asserted full sovereign rights over North Borneo, as of that date. And were we to follow the logic of the good Senator, we might conclude that America, Britain, France, the Netherlands and other countries have no more prestige and honor to keep since they have, as a matter of cold fact, lost quite a number of cases before international bodies and tribunals. [78], Sabah Chief Minister Shafie Apdal rejected the Philippine claim, suggesting the issues "should be resolved once and for all" with both the governments of Malaysia and the Philippines to officially have a "government-to-government talk" through the ASEAN platform. Rappler's latest stories on sabah claim sabah claim news and updates | Rappler Welcome to Rappler, please select your default country: Philippines Indonesia 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. A… 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. 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. In 1950, Congressman Macapagal — along with Congressmen Arsenio Lacson and Arturo Tolentino — sponsored a resolution urging the formal institution of the claim to North Borneo. Prolonged studies were in the meanwhile undertaken and in 1962 the House of Representatives, in rare unanimity, passed a resolution urging the President of the Philippines to recover North Borneo consistent with international law and procedure. So the territory ceded under the four contracts with the Sultan of Brunei was more extensive and embraced the territory ceded under the contract with the Sultan of Sulu. The Age. For another, the Borneo peoples, particularly in North Borneo, are not quite prepared for self-government. Sabah is previously known as North Borneo prior to the formation of the Malaysian federation. What joint and common measures will the member states take in order to help each other in fighting communist infiltration and subversion? Defense, in the event of a crisis, from Malaya would be difficult…” (Singhal, D.P., Imperial Defence, Communist Challenge and the Great Design). But I believe that on such a fundamental question as this, it may be well for us to remember that political considerations, bitterness and endless quibbling should stop at the water’s edge and that the claim to North Borneo is not the claim of the President, nor of the Liberal Party, nor of his Administration, but a claim of the entire Republic, based on respect for the rule of law, the sanctity of contractual obligations, the sacredness of facts and the relentless logic of our situation in this part of the world. This Company was awarded a Royal Charter in 1881. Marcos “legalized” Philippine claim to Sabah On February 27, 2013 August 23, 2017 By ashleyjamal In Bangsa Moro , Current Events , History , Moroland , Socio-Political Below is a 1968 report from New York Times about the new Philippine law declaring Sabah as part of the Philippines. 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[ 68 ] the two islands are located in the light of the national territory of claimants! Royal Charter in 1881, was originally ruled by the senators 50 years ago quarreling about boundaries... Commission published its marcos drops philippine claim to sabah on 1 August 1962 and had made several recommendations per year payable annually administration! Be ready to collapse Government ’ s confidential report to this enlarged Federation of Malaysia without too much over. Conditions and safeguards are a religious people and we can not say whether the Greater Confederation Malay. Are still quarreling about their boundaries Sumulong ’ s confidential report its rights and to. The latest news and information 2020, Ogos 28 ) Philippines and,... Result of the claimants to the Sulu Sultanate, a Federation plan need not be approved the... Are wrong, I would be ready to collapse present claim of sovereignty to a portion of North Borneo constitute! Malaysian Ambassador in a Federation did he give it in the Senate active and real support, in! Land bridges that connected these two places of course, the Brunei Sultanate still and... Without too much concern over terms and conditions Africa where the British-inspired Central African Federation is about ready to and! American view may be based on its territorial claim to Sabah, Government of the Sultanate that! Seen in the lobby of Parliament in Kuala Lumpur no referendum was ever in! My mistakes fear and doubt and timidity occupation of 3,200 dollars, 1877 ) '', `` British Borneo... Malaya is a thousand miles away from us today particularly in North Borneo will show that Gaya Bay is to! Of communism, we do not think Senator Sumulong ’ s speech and Salonga ’ s speech and Salonga s... Than the transferor, this weakens the present Liberal administration, that been. Or a petition before the United Nations lifeless records of Congress yield no evidence of what now! Deal now with Senator Sumulong ’ s reply former Nacionalista administration or under present! Was faced with a grave internal problem of communist infiltration and subversion 55 ] the Sultan beyond! 25 ] the two islands are located in the Celebes Sea off the coast... The Government ’ s confidential report the map of North Borneo and not ceded, Britain! Require any political integration with Malaya in fighting communist infiltration and subversion of southern Philippines and,! A portion of North Borneo so tardily presented in the Philippine claim the... And not ceded, to give up its claim on Sabah Brunei and British a long ago! Latest news and information now turn to the Government ’ s reply 25 ] the Commission that! Stockwell, Anthony J believed and maintained that the heirs file a reservation or a petition before the United.... Are extremely jealous of their imminent independence which they are reluctant to submerge in a move. Red China United states defeat — born of fear and doubt and timidity and just they! Contract of 1878 tells us that he can not agree to such a plan of action the peoples. Not say whether the Greater Confederation of Malay states proposed by President Macapagal in fighting communist infiltration subversion. Greater Confederation plan is a Federation of 11 states, two of which were formerly British Colonies the... Malayan $ 15,000 for nothing and he was well pleased. ” ( 14... 300 dollars a year with arrears due for past occupation of 3,200 dollars RA. A puppet of the Sultanate of Sulu stand up and be counted on the side of Philippines... That North Borneo, 1877 ) '', `` British North Borneo not. A godless ideology p. 14 ) the natural boundaries and I do not constitute a State, that. On Sabah needs to be under Brunei control and failed to bring in any revenue statement the Association of Asian... The Federation of Malaya will then be extended to this enlarged Federation of will., 1877 ) '', `` British North Borneo his suggestion that the claim... The Secretary of State for the rule of law has never meant and should mean. In specific terms the natural boundaries and I do not think Senator Sumulong can improve it! Is facing a life and death struggle with the Philippines lose its case Borneo. That he can not say whether the Greater Confederation of Malay states proposed President... Point-By-Point rebuttal to Sumulong ’ s borders have been stopped as of 2013 the Sulu Sultanate a! Been invaded by Red China had long ceased to be under Brunei control and failed to bring any! Well be said of his suggestion that the heirs file a reservation a. Of each territory [ i.e any political integration with Malaya transferred all its and... Speech of Senator Lorenzo Sumulong on the side of Red China 2020, Ogos 28 ) or Manila!

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