Monday, March 25, 2013

SABAH: OUR HISTORIC RIGHTS OR LEGAL TITLE (Part 1)


Note: This article is based from various published historical books and existing laws of the country. I used footnote instead of MLA for more explained facts for it. If I have discrepancies, let me know since my legal knowledge is limited.

Today’s headlines in ANC’s HEADSTART[1] about the armed group of the Sultanate of Sulu, stayed and claimed the area of Sabah and willing to die fighting against the government of Malaysia. It was more than 300 years ago since that territory ceded to the Sultan of Sulu from Royal Family of Brunei and it was only today that this standoff happened; their claimed and willingness to sacrifice their life for the said territory. Since Sultanate of Sulu is part of our Royal tradition as a Filipino, we can say that we are part of their claimed since the state has the obligation to its people. For this, let me first discuss our legal rights for this.

The 1987 Constitution defined our territory as:

“ The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.” [2]

Now, if the constitution says that “our national territory comprises the Philippine archipelago”, we must define our Philippine Archipelago.  First, all the island and waters embraced there in are clearly define by The Treaty of Paris of 1898 signed between Spain and the United States on December 10,1898, the Treaty of  Spain and U.S. at Washington on November 1, 1900 and the Treaty of United Staes and Great Britain on January 2, 1930.[3] The said treaty of Spain provided that Sulu, Cagayan and Sibutu and included territory of the Philippines.

If Sulu is considered part of the Philippines, therefore their claimed of Sabah must be considered part of Philippine affair.

How come that Sabah claimed as part of Sulu well in fact on the said three documents, Sabah didn’t mention?

In 1674, Sultan Mahaiddin of Brunei ceded Sabah to the Sultan of Sulu, after they provided military aid for the war in controlling Borneo. Since then, it was recognized and respected. Baron Von Overbeck and Alfred Dent, leased Sabah from Jamalul Kiram for an annual rental of 5,000 Malayan dollars and that deed prohibited their successors transferring leased of Sabah to another nation or company. They continued the annual rental until 1946 when the British Government took over the rental until 1961. When the Federation of Malaysia was created, the lease was transferred to the new independent Malaysian Government. In 1971, Princess Putli Tarhata Kiram stopped collecting rentals since they already ceded to the Philippines their rights over Sabah.[4]

If this will be the bases, does our laws sustaining it? Are the treaties, the leased and the continued payment of the Malayan Government can be considered as documents supporting the claimed of Sabah?  Are the claimed of Sabah important not only to our culture and History but for economic benefits? Did our government do something about these territorial affairs for the past 100 years? Answers are on the second part of this article.


[1] HEADSTART: Malaysian officials: Death toll in Sabah clashes at 21.The ABS-CBN News Channel. March 4, 2013.

[2] Article I, The National Territory, the 1987 Constitution.

[3] Callanta, Rene. LLB, Notes on Political Law. PUP College of Law. 2011 p. 7

[4] Santos, Emmanuel. The Constitution of the Philippines: Notes and Comments.2001p.57

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