All about the genuine Sabah Claim Society

ATTENTION! This blog is the genuine Sabah Claim Society.

We are Philippine patriots who have grouped together from around the world and who created the Sabah Claim Society group originally on Facebook on 15 July 2011 and counted close to 6,000 members.

But on 5 October 2011 our group on Facebook was traitorously hijacked by two people we had invited to join us as group admins but who, we learned later on, had been hired to sabotage our patriotic group by a group of sinister individuals sporting fake European sounding nobility titles and other spurious Tausug/Sulu titles ['bestowed' and indiscriminately distributed on Facebook] and organized by a combined team of charlatans namely a datu (sporting a fake sultan title) and the latter's handler who is conveniently sporting an absolutely fake 'princely' title as well.

Please be warned that the said group of individuals, we believe, are in fact con artists out to "claim" Sabah for "get rich quick" reasons and are not genuine Philippine patriots. Their motive, we have discovered, is to be able to convince Malaysians that they are genuine Sulu royalty and pro-Philippine Sabah claim supporters in order to extract from Malaysia (which has control of Sabah today) a premium for letting go of the Sabah claim.

For more information on the Philippine Sabah claim, please join the ongoing discussions by clicking on the following link on Facebook: Philippine Sabah Claim Forum

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Thursday, 21 February 2013

MALAYSIA NAVY ON ROUND THE CLOCK ALERT FOLLOWING PHILIPPINE AIR FORCE BUZZING SABAH


THE STRAITS TIMES HEADLINE: MALAYSIAN NAVY ON ROUND THE CLOCK ALERT FOLLOWING PHILIPPINE AIR FORCE 'BUZZING' SABAH AT THE HEIGHT OF OPERATION MERDEKA IN 1968, THE FIRST PHYSICAL ATTEMPT OF THE REPUBLIC TO RE-TAKE SABAH FROM MALAYSIA CONTROL (click on image to read news reports)

THAT WAS MALAYSIA NEWS HEADLINE WHEN MALAYSIA FEARED PH... Height of Operation Merdeka 45 years ago when PH had the military arsenal that would scare the living daylight out of Peninsular Malaysians...

BACK THEN, WE WERE CONFIDENT, WE WERE BRAVE, WE DID NOT HIDE FROM OUR "ENEMIES"!!! 
FROM The Straits Times, 9 November 1968: PENANG. Friday THE Royal Malaysian Navy has been on round-the-clock alert since Tuesday, when the K. D. Negri Sembilan was buzzed by two Philippines Air Force jet-fighters between Tawau and Sandakan. The Chief of Naval Staff, Commodore K. Thanabalasingam,...

Today, tayo na ang takot. Fortunately, our Tausug brothers from Sulu are not [takot]. They go and reclaim Sabah without an iota of help from Imperial Manila.

Our officials, meanwhile, are joining the KKK clu (Kainan, Kantahan, Kodakan), thinking, taking their sweet time to decide if they should even invoke Philippine Sovereignty rights over Sabah while our Tausug brothers in the Sabah stand-off don't know if they will live or die in defence of a principle on behalf of Inang Bayan...

Are we surprised today that they have become desperate? Fifty years is a long wait.

Naknampucha naman!


~~ Admin Adb
Defenders of the Philippine Sabah and Spratly Claims
22 February 2013

Why did Malaysia lie so brazenly about the 'verbal understanding' with President Diosdado Macapagal about elevating the Sabah case to the International Court of Justice?

Senator Jovito Salonga (standing) seen talking to the President and Founder of the University of Cagayan Valley who also happens to be the grandfather of one of the Admins and creators of the Defenders of the Philippine Sabah & Spratly Claims Community.
Senator Jovito Salonga, in the introduction of his 30 March 1963 point-by-point reply to Senator Sumulong's attack on the validity of the Philippine Sabah claim, wrote a year later:
"It was agreed that the Sabah claim would be settled by peaceful means, but the "verbal understanding" between the Tungku and Macapagal regarding the elevation of the case to the International Court of Justice, was denied later by Malaysia." 
Why did Malaysia lie so brazenly about the 'verbal understanding' with President Diosdado Macapagal about elevating the Sabah case to the International Court of Justice?

TO READ Senator Salonga's "A Point-by-Point Reply to Senator Sumulong's Speech on the Philippines' North Borneo (Sabah) Claim", click on this link here: Jovito R Salonga Journal


THE NORTH BORNEO (SABAH) QUESTION


At the Senate in 1966: Rookie Senator Jovito Salonga confers with veteran legislator, Lorenzo TaƱada. 1966. Courtesy of Steve Salonga.
FIFTY YEARS AGO, on 30 March 1963, Senator Salonga, described by one of this Admin's closest friends (a public figure himself now deceased) as one of the extremely rare ethical leaders and political figures this country has ever produced, delivered an exquisite "Point-by-Point Reply to Senator Sumulong's Speech on the Philippines' North Borneo (Sabah) Claim".

Senator Sumulong, uncle of President Cory Aquino, had berated the Republic's claim to Sabah as invalid and had supported then Malaysia's position, even praising the record and vision of then Malaya/Malaysia leader and prime minister Tunku Abdul Rahman instead of supporting the Philippine Sabah claim.

Senator Salonga, father of the Philippine Sabah claim, rose to the occasion and delivered a stinging rebuttal to what Defenders of the Philippine Sabah Claim describe as Senator Sumulong's unpatriotic -- almost treacherous, position.

INTRO: "Largely through the efforts of President Diosdado Macapagal, MaphHindo was bom, composed of Malaysia, the Philippines and Indonesia. How to settle the Sabah claim of the Philippines through peaceful means was one of the items in the Tokyo Maphilindo Summit of June 1964, which I attended as Legal Adviser to President Macapagal. It was agreed that the Sabah claim would be settled by peaceful means, but the "verbal understanding" between the Tungku and Macapagal regarding the elevation of the case to the International Court of Justice, was denied later by Malaysia." 
EXCERPTS: "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. He has chosen to assault the Philippine position at a time when his own Government, by virtue of the British request, may be said to be somewhat helpless in making, right in our own country, an adequate, fully-documented defense of the Philippine stand." 
.../.... 
"...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." ~~ Senator Jovito R Salonga  
To read the speech: Jovito R Salonga Journal

Wednesday, 20 February 2013

SABAH QUESTION: SOVEREIGNTY RIGHTS AND PROPRIETARY RIGHTS

PAKI-SHARE NA LANG PO! MEDYO INGAT PO SA PAGKAKAINTINDI SA PROBLEMA NG SABAH

May nakita po kaming banner na nagsasabi na "SABAH IS OWNED BY THE PHILIPPINE GOVERNMENT"... MALI PO. WILL TRY TO EXPLAIN PO. 

Sabah is NOT OWNED by the Philippine government but the Republic of the Philippines 'possesses' sovereignty rights over Sabah. However, the proprietary rights to the land belong to the Sultanate of Sulu heirs. There is a difference.

The Philippine government has NO ownership claim to Sabah land -- as in proprietary rights claim (in the same manner that Philippine government has NO ownership claim to your private lupa at bahay.)

So, sa madaling sabi, dalawang bagay po ito: SOVEREIGNTY RIGHTS & PROPRIETARY RIGHTS

The sovereignty rights to Sabah belong to the Republic by virtue of an official transfer made by Sultan Esmail Kiram I on 12 Sept 1962 witnessed by President Diosdado Macapagal. But the proprietary rights remain in the hands of the Sultanate of Sulu heirs.

Para po bang iyong sariling lupa at bahay at bahay ninyo maski sa dulo ng Pilipinas: kayo ang may-ari at sa inyo ang titulo ng pag-aari (proprietary rights) pero ang batas na susundin ay sa Republika, ang batas na umiiral ay sa Republika ng Pilipinas (sovereignty rights) pero hindi ibig sabihin na pag-aari ng gobyerno ang lupain.

DAGDAGAN PO NATIN ANG PALIWANAG at sana makatulong ito (pasensya na lang po sa Taglish explanation heheheh)

Tama po ang isang myembro natin na sabi niya na ang transfer ng sovereingty rights galing sa Sultanate ay FULL SOVEREIGNTY...

"Full Sovereignty" means full control but it doesn't signify proprietary rights to the piece of land. With 'full sovereignty', it would mean, the Republic will have full control of defence, police powers, foreign policy, taxation, execution of laws, coinnage, education, health etc etc...

Allow us to illustrate what FULL SOVEREIGNTY means by comparing it to the framework agreement being devised between govt and MILF for a Bangsamoro: despite "genuine and full autonomy" proposed to cover the new political entity, sovereignty rights will be shared between the autonomous Bangsamoro govt and the Republic of the Philippines and basing it on the 10-points agreed between the MILF and the Republic, Bangsamoro will have police powers, capability to sign trade agreements with other countries, taxation, but because it is only shared sovereignty with the Republic, the Philippine govt will have control of national defence, foreign policy, coinnage (meaning currency) and other aspects of sovereignty rights that usually belong to the STATE (national government), etc.

BUT in the case of Sabah, sultanate indeed transferred FULL sovereingty rights to Republic as in full control of Sabah to take control of all the instruments of governance and does not mean shared sovereignty rights with the Sultanate of Sulu (unlike with the proposed MILF Bangsamoro 'homeland' which is under shared sovereignty.)

Salamat po.


~~ Defenders of the Philippine Sabah and Spratly Claims

THE PHILIPPINE CONSTITUTION, A REPUBLIC ACT AND A PRESIDENTIAL DIRECTIVE ON SABAH

HERE'S A 2008 MEMORANDUM NO. 162 EXECUTED BY MALACANANG ON GUIDELINES PERTAINING TO SABAH. UNLESS THIS MALACANANG DIRECTIVE HAS BEEN REVOKED BY THE CURRENT ADMINISTRATION, THIS DIRECTIVE REMAINS IN PLACE: THE REPUBLIC DOES NOT OFFICIALLY RECOGNISE SABAH AS BELONGING TO ANY OTHER FOREIGN ENTITY OR COUNTRY; ALL GOVERNMENT OFFICIALS, CIVIL SERVANTS, EMPLOYEES, ARE FORBIDDEN TO SAY THAT SABAH BELONGS TO MALAYSIA.



IF EVER THERE IS ANY DOUBT THAT SABAH IS NOT RECOGNISED BY THE REPUBLIC AS A PHILIPPINE TERRITORY, WE SUGGEST THEY CONSULT REPUBLIC ACT NO. 5446, AN ACT THAT AMMENDED THE PREVIOUS REPUBLIC ACT NO. 3046 APPROVED ON 18SEPTEMBER 1968 WHICH CLEARLY INDICATES THAT THERE IS NO PREJUDICE TO THE "ANNEXATION" OF SABAH TO PHILIPPINES.

THIS REPUBLIC ACT HAS NOT BEEN ABROGATED AND REMAINS IN FORCE.

REPUBLIC ACT 5446 STIPULATES THAT IT IS "without prejudice to the delineation of the baselines of the territorial sea around the territory of Sabah, situated in North Borneo, over which the Republic of the Philippines has acquired dominion and sovereignty."

CLEAR AND SIMPLE: THIS LAW DEFINES THE LEGAL "ANNEXATION OF SABAH" AND IS PART AND PARCEL OF OUR NATIONAL LAWS 





===============

REPUBLIC ACT NO. 3046 
REPUBLIC ACT NO. 9522 
Republic of the Philippines 
Congress of the Philippines 
Metro Manila 
REPUBLIC ACT NO. 5446 
September 18, 1968 
AN ACT TO AMEND SECTION ONE OF REPUBLIC ACT NUMBERED THIRTY HUNDRED AND FORTY-SIX, ENTITLED "AN ACT TO DEFINE THE BASELINES OF THE TERRITORIAL SEA OF THE PHILIPPINES" 
Section 1. To correct typographical errors, Sec. one of Republic Act numbered thirty hundred and forty-six is amended to read as follows: 
Section 1. The baselines for the territorial sea of the Philippines are hereby defined and described* specifically as follows:  
*NB: PLEASE SEE THE DIFFERENT LATITUDE, LONGTIDE AND AZIMUTH INDICATORS OF THE SCOPE OF TERRITORY OF THE REPUBLIC OF THE PHILIPPINES IN THE CHAN ROBLES LAW LIBRARY -- MUCH TOO LONG TO LIST THEM IN THIS POST. LINK:http://www.chanrobles.com/republicacts/republicactno5446.html#.USWXJh2-rMZ
Section 2. The definition of the baselines of the territorial sea of the Philippine Archipelago as provided in this Act is without prejudice to the delineation of the baselines of the territorial sea around the territory of Sabah, situated in North Borneo, over which the Republic of the Philippines has acquired dominion and sovereignty. 
Section 3. This Act shall take effect upon its approval. 
Approved: September 18, 1968

==================

NOTE: ANALOGY BY ADMIN APM, ONE OF THE ADMINS, WHO IS ALSO A LAW DEGREE HOLDER AND ACTS AS THE LEGAL ADVISER TO THE Defenders of the Philippine Sabah & Spratly Claims:

Section 1 defines and describes the baselines of the territorial sea of the Philippine Archipelago, which rightly did not include Sabah because it is not a part of the archipelago, but a separate territory over which the Philippines have a sovereign right to, as clearly stated in Section 2.  
In addition, Section 2 expressly reserves the rights of the Philippines to delineate the baseline of the territorial sea around Sabah.  
Analogy: It's like saying in Section 1 -- this Act delineates and defines the boundaries of mainland USA. And Section 2 would then say -- The definition of the baselines of the territorial sea of mainland USA as provided in this Act is without prejudice to the delineation of the baselines of the territorial sea around the territory of the states of Alaska and Hawaii over which the USA has acquired dominion and sovereignty.
=====================


FURTHERMORE, PHILIPPINE CONSTITUTION, ARTICLE I - NATIONAL TERRITORY:
•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.

NOTE: "and all other territories over which the Philippines has sovereignty" = MEANS THAT SABAH IS PART OF THE PHILIPPINES BECAUSE SOVEREIGNTY RIGHTS OVER SABAH WERE OFFICIALLY TRANSFERRED (signed and sealed) TO THE REPUBLIC OF THE PHILIPPINES BY THE SULTANATE OF SULU ON 12 SEPT 1962 DURING THE TERM OF PRESIDENT DIOSDADO MACAPAGAL LONG BEFORE THE 1987 CONSTITUTION WAS PROMULGATED. HENCE, SABAH HAS NOT BEEN EXCLUDED AT ALL FROM THE SCOPE OF PHIL NATIONAL TERRITORY UNDER THE 1987 CONSTITUTION CONTRARY TO WHAT SOME BELIEVE. 


~~ Admins, Defenders of Philippine Sabah and Spratly Claims

AN INSIGHT INTO THE COMPOSITION OF THE SULTANATE GROUP IN THE SABAH STAND OFF

MALAYSIAS's Maritime Enforcement Agency’s (Equivalent to Philippine Coast Guard) patrol boat as seen from the Dent peninsular where Kampung Tondua is located. Photo credit: Borneo Insider photo by Rafael Rizal
A Police water truck ferrying fresh water and heading towards the stand-off point – photo by Rafael Rizal
20 FEB - A MAN WEARING FOUR STARS EQUIVALENT TO A GENERAL RANK AND CARRYING A NAME TAG WHO HAS INTRODUCED HIMSELF AS COMMANDER MUSA OR MUSANG WAS SPOTTED IN THE GROUP. 

According to reports from inside Lahad Datu, the group comprises: TAUSUG AND BAJAU FROM BASILAN, JOLO AND TAWI-TAWI.

AGE: BETWEEN 20 AND 60; there appears to be 5 women in the group

GROUP ARRIVED ON SEVERAL BOATS.

CONDITION IN THE SPOT WHERE SULTANATE OF SULU ARE HOLED IN: At least 6 temporary camps have been set up in the village over 250 hectares along the Celebes Sea coastline facing Tawi-Tawi chain of island in Southern Philippines.

FOR INFO, according to report, a villager who had returned to check his belongings after fleeing on Tuesday, said that none of their houses were encroached upon and that no property had been taken away by the Sultanate of Sulu group.

Report also said that the emissaries will return to the village at the end of this week (Saturday) to continue negotiations. Furthermore, Sabah officials are optimistic that the whole stand-off would be over by then, added the report.

In picture: A Police water truck ferrying fresh water and heading towards the stand-off point – photos by Rafael Rizal, Borneo Insider


~~ Defenders of the Philippine Sabah and Spratly Claims

Tuesday, 19 February 2013

Sabah stand-off: Senator Honasan turns cold feet, tells Sultan Jamalul Kiram III to recall brother

A former renegade Colonel in the Philippine Army,
Honasan is now a Senator
FORMER RENEGADE ARMY OFFICER TURNED MEDIA DARLING TURNED SENATOR GRINGO HONASAN tells Sultan Jamalul III to recall his brother, leader of Sulu Sultanate group in Sabah stand-off

Senator Gringo Honasan seems to have turned cold feet. Instead of insisting that Malacanang take this opportunity to raise the Sabah claim issue with Kuala Lumpur, he is now virtually siding with Malaysia against the Sultanate of Suu 'army' in Sabah! 

WHAT IS WRONG WITH YOU MR HONASAN???? IF YOU ARE FEARFUL THAT AN ARMED CONFRONTATION MIGHT ARISE AT THE SABAH STAND OFF, THEN GET YOUR BUTT OUT THERE AND LEAD THE CHARGE! YOU MORON!

But no, we guess you do not have the moral courage to face the issue and demand that Malaysia return Sabah to its legitimate owners. No, you Sir have no moral courage at all! One would have thought that your army training would have imbued in you a sense of duty. That when your fellowmen need you to stand for their right, because Sabah's sovereingty rights belong to the Republic, you would stand there and fight for them in the august halls of the Senate. 

Has Kuala Lumpur also got to you? You Sir are a waste of meagre, precious rations this country can barely afford!

REPORT:

Honasan also called on Sultan Jamalul Kiram III to recall his brother, Rajah Mudah, back into the Philippines. 
Rajah Mudah, in an earlier report, said that he will only follow orders from his older brother. 
Sultan Kiram III, in an earlier report in the Philippine Daily Inquirer, said the royal decree that he ordered for his brother was not about war, and that he sent his brother to Sabah as an exercise of their historic, ancestral and sovereign right over Sabah. 
Honasan said that the Sultan must be made to realize that his order has not been helping the government in its foreign and security policies. 
“He must be made to realize that these have become more complicated,” Honasan added. 
“It is time for the government to clarify these with the Sultan of Sulu and if these go out of proportion, it is a problem that we do not need,” said Honasan, who was in the city to join the regional convention of the Philippine Guardians Brotherhood, Inc. 
LINK: hHonasan suggests talks between Manila and Kuala Lumpur but does not raise Philippine rights over Sabah

Monday, 18 February 2013

Sultan Jamalul III's 'risky' proposal to Malaysia for a resolution to the claim on Sabah

Sultan Jamalul Kiram III
The move by a group of Tausugs from Sulu to invest Sabah in order to demand their birtright is absolutely brilliant. It revived the dormant Philippine Republic's claim to Sabah. This writer has publicly espoused that the Republic's sovereignty rights over what used to be North Borneo must remain supreme. This writer, who has been doing it in the blogsphere, acquainting people through social media about the issue -- and has been doing it for a long, long time, is absolutely thrilled that finallythe 'dead has been resuscitated.'  

Tactically, the move to retake Sabah this February and its follow on 'stand-off' is the best thing that can happen not only for the revival of the dormant claim but also because it just might be the triggering mechanism for the unification of the Sulu nation under the Kiram dynasty heirs. However,  -- and this is where it becomes tricky --  it could also lead to something that the Philippine Republic and the Filipinos, who have been waiting these last 50 years for Sabah to be returned to its owners and for the Philippines to finally exercise its sovereignty rights, have not quite realised: Sultan Jamalul's proposal to Malaysia might just be playing right into Malaysia's hand and that it may not, after all, serve the specific doctrine that the Republic's sovereignty rights must remain supreme. 


Before anybody rejects what this poster has advanced, it is important to know that Sultan Jamalul III, one of the legitimate claimants to the Sulu throne who has admitted that it was he who instructed the Sulu group to move to Tanduo, Sabah this week, had sent Malaysia Prime Minister Najib a proposal before this 'Sabah stand-off' which was published in Malaysia Today on Sunday, 02 October 2011. 

For all intents and purposes, his proposal is the intelligent way of trying to find a way to resolve the Sabah ownership and sovereignty rights impasse because Sultan Jamalul III's proposal to Malaysia clearly seeks to serve the interest of the people of Sulu as well as the interest of the members of the Kiram dynasty. But it has left this poster worried... the proposal, if accepted by Malaysia, could be a double-edge sword tooSo, in order to allay fears that perhaps do not realistically exist, it is imperative for Sultan Jamalul III to clarify his position - a position that he spelled out in a proposal to Malaysia, and to tell the Philippine Government and the Filipino nation about it.

FOR THE RECORD: ON SULTAN JAMALUL III's PROPOSAL TO MALAYSIA TO RESOLVE THE SABAH CLAIM ISSUE, WE MUST BE PREPARED TO REQUIRE HIM TO EXPLAIN THIS SPECIFIC PROVISION IN HIS LETTER/PROPOSAL TO MALAYSIA PRIME MINISTER, AND WE QUOTE HIS SPECIAL ADVISOR VERBATIM: 
"(2) He had revoked the Power of Attorney issued to the Philippine government to institute the claim on Sabah on behalf of the Sultanate. This action, therefore, reinstates the power to claim Sabah for the Sultanate, and no longer within the authority and jurisdiction of the Philippines’ central government;"
Until such time that Sultan Jamalul III explains or revokes this particular condition in his proposal to Malaysia, one might easily assume that what he means by "The drop in the claim will remove the long-standing thorn in the flesh of the diplomatic relation between Malaysia and the Philippines"  (See No. 6 of Sultan's Proposal for Solution) is that Sabah will either be part of the political entity espoused by the MILF and the Philippine Government which as we know might lead eventually to the dismantling of Mindanao or that the Sultanate of Sulu might eventually secede from the Philippines.

Sultan Jamallul's proposal is very cleverly done and I understand that everything is intended for the good of the people of Sulu as well as for the heirs. However, it is imperative to dissect every line and the meanings between the lines to determine what we ultimately are fighting for or should fight for:  FIGHTING FOR THE REPUBLIC OF THE PHILIPPINES OR FOR THE HEIRS OF THE KIRAM DYNASTY? 


~~ AdB
For the Philippine Sabah Clain Forum
19 February 2013  

=========================
The stance of the current Sultan, Kiram III, is to set aside all these historical issues and make a proposal for a resolution to the claim on Sabah by setting off from the current situation and to negotiate for a solution which will be of long-term political and economic benefits to both governments.
By Onn Ariffin
Special Advisor to His Royal Highness, Paduka Mahashari Maulana al Sultan Jamalul D. Kiram III ibni Al Marhum Sultan Punjungan Kiram Al Sultan Shariful Hashim, Sultan of Sulu. 
In my previous statement on the matter of the 49-year-old Philippines’ claim on Sabah which was published in the Daily Express on June 21, I had indicated that the Philippines’ claim on Sabah arose out of the Power of Attorney issued by the 32nd Sultan of Sulu, Sultan Esmael Kiram, to claim Sabah on his behalf in 1962.
I also proposed that the problem be resolved once and for all by both governments (of Malaysia and the Philippines) giving the authority to the reigning heir of Sultan Esmael Kiram, His Royal Highness Paduka Mahashari Maulana al Sultan Jamalul D. Kiram III ibni Al Marhum Sultan Punjungan Kiram Al Sultan Shariful Hashim, to negotiate with both governments. 
Background 
To have a clearer overview of the situation, we all need to be reminded that the long- standing dispute of who is right and wrong about whether North Borneo was ceded or leased to Britain remains unresolved, although the Phillipines’ side may claim legitimacy of their stance that North Borneo was leased based on the annual lease payment to the heirs of the Sultanate of Sulu.
There are also the contentious issue of Spain acquiring sovereignty over North Borneo in 1878 when it signed the protocol of March 7, 1885 with Germany and Great Britain recognizing Spanish sovereignty over “Jolo and its dependencies,” as well as the Macaskie Dictum of 1939, in which the heirs of Sultan Jamalul Kiram filed a suit case in the court of Borneo for the purpose of collecting the money due to them under the 1878 Grant.
We know that in the early 1970s civil war started in the southern Philippines which resulted in the outpouring of refugees to Sabah. The southern region’s instability, the rise of the Moro National Liberation Front (MNLF), its breakaway group the Moro Islamic Liberation Front (MILF) and the Abu Sayyaf, which collectively, influenced the creation of the Autonomous Region of Muslim Mindanao (ARMM).
Regardless of these developments, the southern region continues to face economic limitations which during the previous four decades have encouraged the migration of people from the region to Sabah, causing among others, the current prickly problem of illegal immigrants in Sabah.
The Sultan’s Proposal for Solution
The stance of the current Sultan, Kiram III, is to set aside all these historical issues and make a proposal for a resolution to the claim on Sabah by setting off from the current situation and to negotiate for a solution which will be of long-term political and economic benefits to both governments. In his sincerity to achieve this resolution, His Majesty Sultan Kiram III has taken some three important steps:
(1) He had undertaken to revoke, on September 4th, 1967, and September 17th, 1987 the services of the lawyer who was appointed to arbitrate in the matter between him with the Philippines and Malaysian government. This termination also in effect invalidated all proposals and action made by the Attorney Ulka T. Ulama for the heirs of the Sultanate. This has come into effect regardless of Ulama’s continues denial of the revocation and persistence of making representation to the Philippines government, pretending to still maintain the position of legal counsel to the Sultanate; 
(2) He had revoked the Power of Attorney issued to the Philippine government to institute the claim on Sabah on behalf of the Sultanate. This action, therefore, reinstates the power to claim Sabah for the Sultanate, and no longer within the authority and jurisdiction of the Philippines’ central government; and 
(3) He had sent a Letter of Offer, dated February 8, 2011, to negotiate on the claim over Sabah with the Malaysian government, through His Excellency Dato’ Seri Dr. Ibrahim Saad, Ambassador Plenipotentiary, the Malaysian Ambassador to the Philippines. Unfortunately, to date, the Malaysian government, or the Ambassador, is yet to respond. 
His Majesty is making what we hereinafter refer to as the Kiram III Proposal, that he, on his sole authority, shall drops the claim on Sabah on the terms and conditions that the Malaysian government commits to a long-term program of participating in the development of Southern Philippines.
Rationales for the Proposal
The Kiram III Proposal for solution to the Sabah claim, is made on the sound rationales that:
1. The drop in the claim will remove the long-standing thorn in the flesh of the diplomatic relation between Malaysia and the Philippines;
2. Any further neglect, apathy and procrastination on the process towards a solution to the claim will only result in the continuance of the dilemma and the negative socio-economic impacts for both countries and for the region, or ASEAN and BIMP-EAGA in general;
3. The ensuing agreement for economic collaboration between Malaysia and the ARMM will open the restive region into a peaceful and progressive region because:
a. The MNLF and the MILF, given important roles in the development process of ARMM, will have little purpose in continuing with their militant struggles, and should lay down their arms and reap benefits in the bountiful promises of the development agenda of their land;
b. The region has a huge wealth of natural resources (fertile lands, pristine jungles, seas and a substantial oil reserve of 125 billion barrels in Southern Cebu) which collectively promises the explosion of numerous industries – aquaculture, agriculture, timber, tourism, oil exploration and processing, manufacturing, shipping, aviation, banking and finance, etc. 
4. The annual lease payment made to the nine heirs of Kiram has become a cruel joke on the payees due to the ridiculous amount of RM5,000 (five thousand ringgits), the value of which had shrunk to almost nothing due to more than a century of inflation. This payment, while meaningless in terms of monetary value, is also an insult to the dignity of the payees, as well as a crafty method on the part of the Malaysian government to prolong, on the cheap, the status quo of the claim over Sabah;
5. With a drop in the claim followed by laying down of arms by militant groups and the development of the ARMM as a new region of rapid economic growth, the current migration of people from there to Sabah in search of more lucrative livelihood will cease, removing a four-decade socio-economic burden for Sabah;
6. The establishment of peace in the ARMM will pave the way to the creation of a new government which will be autonomous from the Philippines’ central government. In fact, a number of Philippines congressmen had espoused the establishment of a constitutional monarchy – on the same pattern as Malaysia’s system of government – and not a republic, for the ARMM.
Proposed Development Approach
His Majesty proposes that the South be developed by opening up opportunities for foreign direct investments (FDIs) to neighbors, with priority being offered to Malaysian government-link companies (GLCs), e.g. Malaysia’s Federal Land Development Agency (FELDA), Petronas, Maybank and CIMB Bank, Telekom, Tenaga Nasional Berhad, Sime Darby, Proton and Perodua, UMW and even the media giants, Astro and Media Prima.
These which can all be apportioned opportunities, roles, and lands for their ventures. Such a new opening FELDA will give Malaysia a greater leverage and competitive advantage in the regional and global palm oil production industry, in which Indonesia has made tremendous leaps ahead of Malaysia with the opening of new plantations in Kalimantan.
Petronas Carigali Sdn. Bhd. will of course be offered the priority to undertake oil extraction contracts in the area. The various other industries which will begin virtually from scratch will without doubt lead to a long-term economic boom, worth in the hundreds of billions of dollars.
The South will be a new center of vibrant economic activities, a region of prosperity and progress, which will be a total departure from its militant past. At a time when the world is facing numerous economic challenges – with America predicted to fall under the weight of its national debt, with the Eurozone countries buckling under its debt crisis, with China rising as the new economic dragon – the South is without doubt set to become the new economic magnet to which economic giants will gravitate to reap its many bounties.
Such a development will not only bring prosperity and peace to the South but will also create a new trend for a more progressive ASEAN as well as the revival and the expansion of the BIMP-EAGA which aims to increase trade, tourism and investments with and outside the sub-region by (1) Facilitating the free movement of people, goods, and services, (2) Making the best use of common infrastructure and natural resources, and (3) Taking the fullest advantage of economic complementation.
With Malaysia’s leading role sealed in the proposed Agreement for the Drop on the Philippines’ Claim on Sabah, there is no reason why Malaysia would hesitate on the Kiram III Proposal knowing the tremendous win-win result of such an historic agreement. We urge therefore that the Malaysian’s ambassador to the Philippines responds positively to pave the way for initial discussions on the matter, all for the sake of a mutual long-term and incalculable socio-economic benefits.
LINK TO PUBLISHED PROPOSAL: Sultan Jamalul III's proposal to Malaysia for a resolution to the claim on Sabah

BASIC FACTS ABOUT THE NORTH BORNEO (SABAH) QUESTION

Photo taken by Filipina Maharlika, who was in attendance at the Symposium and is one of the founders of the Philippine Sabah Claim Forum. 
Photo of Sultan Ismail Kiram I who officially transfered sovereignty rights over Sabah in 1962 to the Republic of the Philippines. Sultan Ismail (or Esmail) Kiram I, is the grandfather of Sultan Muedzul, 35th reigning sultan of the Sultanate of Sulu and North Borneo (Sabah) Original post on Philippine Sabah Claim Forum
Senator Nene Pimentel launched the first salvo of the 21st century on the reclamation of Sabah

IT IS IMPORTANT TO KNOW THE BASIC FACTS ABOUT THE NORTH BORNEO (SABAH) QUESTION. WE HOPE THE FOLLOWING BRIEFER WILL HELP YOU UNDERSTAND SOME OF THE MOST IMPORTANT FACTS ABOUT THE NORTH BORNEO (SABAH) QUESTION ~~ Admins, Philippine Sabah Claim Forum 

THE BRIEFER ON THE NORTH BORNEO (SABAH) QUESTION IS FROM THE PIMENTEL INSTITUTE.

SENATOR NENE PIMENTEL, a very good friend of the founders of the Philippine Sabah Claim Forum, launched the first salvo of the 21st Century on the reclamation of Sabah during a symposium held in the University of Makati on 15 October 2011.

The picture of the banner herein was taken by Filipina Maharlika, who was in attendance at the Symposium and is one of the founders of the Forum.

A BRIEFER ON THE NORTH BORNEO QUESTION BY THE PIMENTEL CENTER FOR LOCAL GOVERNANCE

I. MANILA ACCORD 1963
Joint-Statement signed on August 5 by Malaysia, Indonesia and the  Philippines under paragraph 12 of the 1963 Manila Accord reads:

“The  Three Heads of States of the afore-named countries take cognizance of  the position of the Philippine Claim to Sabah after the establishment of  the Federation of Malaysia in 1963, that is, the inclusion of Sabah in  the Federation of Malaysia does not prejudice either the Claim or any  rights thereunder until finally resolved by the United Nations, not  precluding the International Court of Justice”.

II. SABAH DESCRIPTION Sabah or North Borneo is 30,000 square miles and rich in oil and  other natural resources. It is the gateway to All Southeast Asian  Nations, North-east Asian Countries and to Australia and New Zealand;  and separated South China Sea from the Sulu Sea.

III. HOW SABAH WAS RENTED OUT
  An enterprising Austrian businessman negotiated on behalf of the  British North Borneo Company with Sultan Jamalul Ahlam, a sovereign  ruler, to lease North Borneo [Sabah] for an annual rental payment of  5,300 Mexican gold, a currency used in that time, to establish the  company in North Borneo and enable it to exploit/develop its natural  resources.

IV. LANGUAGE USED
  The Lease  Agreement was written in Arabic characters, and, used “Padjak”, a word  common to both the Tau-sug and Malay Language to capture the intent of  the contracting parties.
 
V. LATER DEVELOPMENTS
  Much later, Great Britain and Malaysia maintained that North Borneo  [Sabah] was leased in perpetuity.   The two countries’ claims were based  on the unilateral action taken by Alfred Dent, Overbeck’s business  associates, after Overbeck sold his leasehold rights in 1879 to Dent.
 
VI. 1881 ROYAL CHARTER RESTRICTION
  The 1881 Royal Charter of Incorporation precluded the Company of  Dent from acquiring sovereignty over Sabah for the simple reason that  the authority granted to Overbeck was merely a delegation of  administering authority made by the Sultan of Sulu, in whom sovereignty  still remained vested.
 
VII. PROTESTS FROM OTHER COUNTRIES
The issuance of the Royal Charter triggered official protests from the Governments of Spain and Holland.

In reply, the British Parliament reiterated the provision stated  categorically in the Royal Charter that the authority given to Overbeck  was merely to administer North Borneo but the Sultan of Sulu retained  sovereignty.

The British Parliament assured further the two  countries that Great Britain did not assume dominion over the  leased-territory.

VIII. PROTECTORATE AGREEMENT
  In  1888, the British Parliament urged the British Crown to sign a  “Protectorate Agreement” with the British North Borneo Company. The  Agreement unilaterally transferred the Company’s interest and the  territory of North Borneo [Sabah] to the Crown without prior notice to  the Sultan of Sulu.
 
IX. RENTAL PAYMENT CONTINUED
However, the Company did not stop the “annual rental payment” to the Sultan of Sulu.

X. 1898 TREATY OF PARIS SILENCE ON NORTH BORNEO
When Spain and the United States signed the December 10, 1898 Treaty  of Paris, the two countries did not include the status of the  leased-territory of North Borneo [Sabah].
Apparently, they did  not want to offend the British Crown as they needed the British  Government’s recognition on the Treaty of Paris.

XI. SULU SULTANATE PLACED UNDER U.S. RULE 1900
  Notwithstanding the silence of the Treaty of Paris on the ownership  of the Sultanate of Sulu of North Borneo, the Sultanate of Sulu, itself,  came under American rule in 1900 as an offshoot to the 1898 Kiram-Bates  Agreement.

XII. WHAT WAS THE KIRAM-BATES AGREEMENT ALL ABOUT?

IT WAS AN AGREEMENT THAT the United States Government through  General John C. Bates negotiated with the Sultan of Sulu Jamalul Kiram  II in 1898.
The 1898 Kiram-Bates Agreement underscored in  particular the US recognition that North Borneo [Sabah] was merely under  lease with the British North Borneo Chartered Company.
 
XIII. 1914 BRITISH MANUEVER
  IT IS BELIEVED THAT IN THE YEAR 1914, the British Government  maneuvered to induce, if not, compel Sultan Jamalul Kiram II to renounce  and transfer his Temporal Sovereignty over the Archipelago of Sulu to  the US Government in the Philippines.

XIV. BRITISH MANEUVER AS MANIFESTED IN INDUCEMENT ACT LED TO 1915 KIRAM-CARPENTER AGREEMENT
  The British Crown’s Inducement Act precipitated the calling of a  Conference that led to the signing of the 1915 Carpenter Agreement  between Sultan Jamalul Kiram II and Governor Frank W. Carpenter of the  Department of Mindanao and Sulu, representing the US Government.

XV. IMPORTANT PROVISIONS OF KIRAM-CARPENTER AGREEMENT
Under the 1915 Carpenter, the US Government agreed to perform the following obligations:

First, the US Government reiterated the recognition articulated by  the 1899 Kiram-Bates Agreement regarding the status of North  Borneo(Sabah) BEING LEASED ONLY TO OVERBECK, THEN, LATER TO BECK;

Second, the US Government assured full protection to the Sultan of Sulu  should the question of Sabah in the future arise between him and any  foreign authority; and,

Third, the US Government agreed to place the Sultanate of Sulu under an American Protectorate.

XVI. THE CARPENTER AGREEMENT NEVER ABROGATED
Despite the 1935 Cession of Mindanao, Sulu and Palawan by the US  Government to the Philippine Commonwealth Government, the  Kiram-Carpenter Agreement subsists.
 
XVII. BRITISH MOVE TO STOP RENTAL PAYMENTS
British Consul-General L. H. Fould in Manila recommended to the  British Government and Officials of the British North Borneo Company to  stop the annual rental payment to the heirs of Sultan Jamalul Kiram II.

XVIII. HEIRS FILE 1937 SUIT WITH SESSIONS COURT
  Heirs filed an interpleader suit in 1937 before the Sessions Court  of North Borneo.   In 1939 the British courts resolved the case in  favour of the heirs, naming then Datu Punjungan Kiram as Administrator  of the leased-territory of North Borneo [Sabah]. That was the first  Court Case won by the Sultanate of Sulu.

XIX. IN 1946 BRITISH CLAIMS SOVEREIGN RIGHTS  OVER NORTH BORNEO
  On July 10, 1946,  prodded by the British North Bormeo company, King  George of England issued a North Borneo Cession Order in Council, which  read that:

“With effect from the 15th day of July, 1946, to the  intent that the Crown should, as from that day have full sovereign  rights over, and title to, the territory of the State of North Borneo  and that the said territory should thereupon become part of His  Majesty’s dominion”

XX. 1950 UN REBUFFS BRITISH CLAIMS
  But, in 1950, the UN passed another Resolution mandating all  colonizing countries that the three modes of acquiring territories by  means of discovery, conquest and occupation were no longer recognized as  valid.

XXI. 1950 BRITISH BACKTRACKS
  That  year, the British Government restored and returned the title of  sovereign and proprietary ownership of the Sultan of Sulu over the Turtle Island and all small Islands comprised therein to Sultan Esmail  Kiram 1 and the other Nine Principal and Rightful Heirs under the  leadership of the Court-appointed Administrator then Crown Prince  Punjungan Kiram. Some of the High Government Officials of the  Philippines were invited by the British Government to act as witnesses  during the turn-over ceremony.

XXII. POLITICAL GESTURE
Sultan Esmail Kiram 1 and Crown Prince Punjungan Kiram believed that  the British Government’s move was an undisguised political gesture to  inveigle the Sultan of Sulu as head of North Borneo (Sabah) to formally  and officially join the Political Association designed in 1955 by the  United Kingdom that eventually became the Federation of Malaysia.
 
XXIII. TERMINATING 1978 LEASE AGREEMENT
  SENSING the undesirable effects of the political ploy mentioned  above, the Sultanate terminated officially in 1955 the 1878 Lease  Agreement with the British North Borneo Company as well as the Company’s  administering authority over North Borneo [Sabah].
 
XXIV. FEDERATION OF MALAYSIA TAKES SHAPE
On November 1, 1961, Tunku Abdul Rahman, head of the Federation of  Malaya, and the British Government agreed formally to establish the  political association headed by an appointed British-Malayan Commission  known as the “Cobbold Commission” that gobbled up the territories of  North Borneo [Sabah], Sarawak, Singapore and Brunei.

The Commission headed by Lord Cobbold, a British subject, was tasked to ascertain the views of the Bornean people.

XXV. 1963 ACTS RELATING TO MALAYSIA
Anchored on the Cobbold Commission’s report, on July 9, 1963, Great  Britain and the Federation of Malaya signed the Acts Relating to  Malaysia in London.
The Acts recognized the establishment of  Federation of Malaysia that included the leased-territory of North  Borneo as the New State of Sabah.

XXVI. TOLENTINO DISPUTES MALAYSIA’S CLAIM OVER NORTH BORNEO (SABAH)
Senator Arturo M. Tolentino in his lifetime disputed Malaysia’s title of sovereignty over Sabah [North Borneo].

He said that the Sultanate’s sovereign rights over North Borneo  (Sabah) as established by a chain of closely related historic and legal  facts were superior to those of the British North Borneo Company or its  successors in interest.
  (a) First fact – that the British North  Borneo company merely based its rights upon the rights of Mssrs.  Overbeck and Dent --- rights which were not those of a sovereign but  those of a LESSEE;
  (b) Second fact – that the United Kingdom in  turn based its alleged rights of sovereignty over the territory on the  rights of the British North Borneo Company --- rights which were not  those of a sovereign but those of a LESSEE; and,
  (c) Third fact –  that Malaysia’s claim to sovereignty over North Borneo [Sabah] is based  on the rights of the United Kingdom --- rights which were not those of a  sovereign but those of a LESSEE.

XXVII. PHILIPPINE CONGRESS OFFICIALLY ACTS TO PRESS SULTANATE RIGHTS OVER SABAH
Prior to the assumption of sovereignty rights over Sabah by the  Malaysian Federation in 1963, the Philippine Houses of Representatives  and Senate studied seriously the Sultanate of Sulu’s title of  sovereignty and proprietary over North Borneo [Sabah] since 1950.

After thorough study, the Two Houses of Congress were convinced that  those rights were supported by facts some of which were kept in the  Archives of Spain, Great Britain, Holland, Germany and the United  States.

In 1962, the Philippine Government filed the Sabah claim with the United Nations.
 
XXVIII. SPECIAL POWER OF ATTORNEY FROM SULTAN
The Philippine Government first secured a Special Power of Authority from the Sultan of Sulu.
Among the basic premises of the Special Power of Attorney that was  given to the Philippine Government by the Sultan of Sulu were the  following:

Under the 1935 Philippine Constitution, North Borneo was not a part of the national territory of the Philippines;

By  historic and legal rights only the Sultan of Sulu can lay claim title  of sovereignty over North Borneo, a territory lying outside the  territorial boundaries of the Philippines; and

Without the 1962  Special Power of Authority, the Philippine Government pleading before  the UN could be faulted over a technicality (not the proper party in  interest) by other parties like Malaysia and Great Britain.

XXIX. RESIDUAL POWER WITH SULTANATE
  The 1962 Special Power of Authority or the Transfer of Sovereignty  issued to the Republic of the Philippines making her a proper party to  prosecute the Sabah claim in the UN on behalf of the Sultanate of Sulu  adopted a mutually agreed constitutional safeguard contained on page 5  of the same document that reads:

“Should the Republic of the  Philippines fail to exhaust all peaceful means within the modes of  pacific settlement of disputes, the transfer document shall become ipso  facto null and void, ab initio, and the Sultan of Sulu shall be free to  assert sovereignty over North Borneo by other means available to all  sovereign claimants”.

XXX. DISASTROUS EFFECTS OF FAILURE TO PROSECUTE SULTANATE’S RIGHTS
The Government’s continued-failure to press the Sulu Sultanate’s  legal rights over North Borneo is a major factor that has led to  considerable loss of lives and immense economic devastation in the  Mindanao-Sulu Region in the three decade-old Mindanao Conflict.

This failure led to the under-development, lack of employment  opportunities and livelihood activities in the Sulu Archipelago and the  Sulu Sea which, ironically, are rich in mineral resources and oil  reserves.

If the lives of our people are secured, and their  properties and the rights of our citizens are protected in the Sulu  Archipelago, it is not far-fetched to dream that we will attain peace,  security and economic development and progress in Mindanao-Sulu Region  in particular and our country in general.

XXXI. BRING ISSUE TO THE FRONT BURNER
Aside from the 1962 UN claim, the Sabah issue was brought and  elevated by our government only in the Ministerial Meetings in London  and Bangkok in 1963 and 1968, respectively.

Since 1989 after a  Malaysian Prime Minister attended the Manila Summit in 1987, our  government has placed the Sabah issue at the back burner.

XXXII. SULTAN’S APPEAL
Allow me to appeal and request your support in furtherance of the  Sabah claim for the future of our nation and for the good of Filipino  generations yet to come.

Link to the PIMENTEL INSTITUTE

~~ Adb
For:
Philippine Sabah Claim Forum
Sabah Claim Society
Defenders of the Philippine Sabah and Spratly Claims
18 February 2013

SABAH STAND OFF LEADER WAS DISTRICT OFFICER IN KUDAT SABAH 1967 - 1976









SABAH "STAND OFF" HAS CONNECTION WITH THE ESTWHILE OPERATION MERDEKA IN THE LATE 60s

NEWS HAVE IT THAT FORMER ASSISTANT DISTRICT OFFICER OF KUDAT, SABAH - 1967 TO 1976 - IS SAID TO BE THE LEADER OF THE "INVADERS" FROM SULU. 

RAJA MUDA AZZIMUDIE KIRAM WAS FORMER ASST DISTRICT OFFICER OF KUDAT DURING THE TIME OF SABAH CHIEF MINISTER TUN DATU MUSTAPAHA HARUN (WHO WAS OFFICIOUSLY, A MEMBER OF PHILIPPINES' OPERATION MERDEKA COVERT OPERATIONS BACK IN THE LATE 60s)

TUN DATU MUSTAPHA WAS KILLED IN A SUSPICIOUS PLANE CRASH ACCIDENT IN 1976. BEFORE HIS DEATH, TUN MUSTAPAH WAS WORKING ON A GENUINE AUTONOMY FOR SABAH AND WAS IN CONSTANT CONFLICT WITH KUALA LUMPUR OFFICIALS;

~~ Admins, Defenders of Philippine Sabah & Spratly Claims