Saturday, December 15, 2007

The Philippines Claim over Sabah and its Arguments.

It is the thesis of the Philippine government that the contract of 1878 was a lease, and not a transfer of ownership or sovereignty. Treacher, was present at the signing of the contract and as witness, he characterized the contract as a lease and referred to the money payment as annual rentals.
Contrary to allegations, the Philippine claim had been studied for years before 1962. While serving in the Department of Foreign Affairs in 1946, Diosdado Macapagal, who later became President of the Philippines, advocated the filing of the claim. The official filing of the claim took place on June 22, 1962. The claims are of sovereignty, jurisdiction, and proprietary ownership to North Borneo. Philippines being successor-in- interest of the Sultan of Sulu derived its legal and historical rights in North Borneo.
In the early part of the 1960’s it became an imperative for the Philippines, aside from the strong historical and legal rights that North Borneo is important to Philippine territory and vital to its security. At this time (1960’s), communism in the region was in its height and Philippines were anxious that Malaya would succumb to the potent communist threat from mainland Southeast Asia, creating a scenario in which a communist territory would be immediately at the southern frontier of the Philippines.[1]
Philippine anxiety on the communist threat has subsided, but another form of menace developed. From the dynamics of the Muslim separatist movement in the south, there evolved a more terrifying threat. The Sabah state of present Malaysia harbored some of the kidnappers, Abu Sayyaf and Al-Quedah, provoking international concern through widespread violence, state wide terror and their vision of establishing independent states.
The British North Borneo Company based their rights from the grant signed in January, 1878. In it, the sultan of Sulu granted certain concessions and privileges to Baron de Overbeck, an Austrian national who was at the time the Austrian Consul-General at Hongkong, and Alfred Dent, a British national, in consideration of an annual rent or tribute of 5,000 Malayan dollars. Dent later bought out Overbeck, and transferred his rights to the British North Borneo Company. The Company was granted a Royal Charter on November 1, 1881.
The Philippine government argues that Overdeck and Dent (the leasors) did not acquire sovereignty or dominion over North Borneo. This is because, according to international law, sovereignty can be ceded only to sovereign entities (e.g. government to government agreement) or to individuals acting for sovereign entities (agreement between leaders of nations). Obviously, Overbeck and Dent were private citizens of their respective countries who did not represent any sovereign entities, but instead acted as mere businessmen who only acquired grant of lease from the Sultan of Sulu. Hence, neither of them did not, and could not, acquire sovereignty or dominion.3
The above letter was written by the British Foreign Minister to explain and respond to the Spanish protest regarding the grant of Royal Charter to the British North Borneo Company. It was not the Spanish crown who made the protest alone; the Dutch government also protested in the same way. Again, Lord Granville maintained in his letter to the Dutch that the British North Borneo Company was a mere administrator, and that the “British Government assumed no sovereign rights whatever in Borneo.”[2] The Philippine government, therefore, strongly argues that the transfer of rights, powers and interest by the British North Borneo Company to the British Crown is not possible. North Borneo Cession Order of 1946 took place just six days immediately after the Philippines was declared independent by the United States. In the International Law, a transferee (British Crown) cannot acquire more rights than the transferor (British North Borneo Company). In other words, how can the British Crown exercise sovereign rights in the form of protectorate in 1946, when the British North Borneo Company did not exercise nor assume sovereignty over North Borneo? In other words, how can the British North Borneo Company transfer sovereignty to the British Crown, which the company did not have in the first place?
It has been said that President Manuel L. Quezon of the Commonwealth of the Philippines (the transitional, semi-autonomous government of the Philippines under American sovereignty which preceded the independent republic) “had decided not to recognize the continued existence of the Sultanate of Sulu, particularly in reference to North Borneo.” The Philippine Department of Foreign Affairs was not able to find a written record of this statement. This pronouncement was against the Organic Law of the Philippine Commonwealth, since the power to give and terminate recognition during the Commonwealth Philippines was vested only in the Congress of the United States of America (being the colonial power). Aside from the political technicality, International Law dictates that any withdrawal or termination of recognition does not imply the dissolution of the entity affected by the withdrawal.[3]
The Philippine government believes that Dent, who was granted a Royal Charter in the form of British North Borneo Company by the British government, to which the British Crown derived its claim of sovereignty, was not authorized to acquire sovereignty or dominion. Evidence to this was the official correspondence of Lord Earl Granville, British Foreign Minister at the time, in his letter to the British Minister in Madrid dated January 7, 1882, explaining the character of the Charter Grant of the British North Borneo Company, as follows:
“The British Charter therefore differs essentially from the previous Charters granted by the Crown to the East India company, the Hudson’s Bay Company, the New Zealand Company, and other Associations of that character, in the fact that the Crown in the present case assumes no dominion or sovereignty over the territories occupied by the company, nor does it purport to grant to the Company any powers of government thereover; it merely confer upon the persons associated the status and incidents of a body corporate, and recognizes the grants of territory and the powers of government made and delegated by the sultan in whom the sovereignty remains vested…As regards the general feature of the undertaking, it is to be observed that the territories granted to the Company have been for generations under the government of the Sultan of Sulu and Brunei, with whom Great Britain has had Treaties of Peace and Commerce…[4]

The above letter was done by the British Foreign Minister to explain and respond to the Spanish protest regarding the grant of Royal Charter to the British North Borneo Company. It was not the Spanish crown who made the protest alone; also the Dutch government protested the same. Again Lord Granville maintains, in his letter to the Dutch, that the British North Borneo Company was a mere administrator, and that “British Government assumed no sovereign rights whatever in Borneo.”[5]
The Philippine government therefore, strongly argues that the transfer of rights, powers, and interest by the British North Borneo Company to the British Crown is not possible, known as North Borneo Cession Order of 1946 (that took place six days immediately after the Philippines was declared independent by the United States). In the International Law, a transferee (British Crown) can not acquire more rights than the transferor (British North Borneo Company). In other words, how can the British Crown acquire sovereign rights (in the form of protectorate in 1946), when the British North Borneo Company did not exercise nor assume sovereignty over North Borneo? Again, since Overbeck and Dent did not acquire rights of sovereignty or dominion over North Borneo their transferee (British North Borneo Company), also, did not acquire rights of sovereignty or dominion.
[1] Emmanuel Pelaez, Vice President of the Philippines and Secretary of Foreign Affairs, “Statement at the Opening Meeting of the British-Philippine Talks,” London, Monday 28 January 1963.
3 Nestor M. Nisperos, Philippine Foreign Policy on the North Borneo Question. p. 134.
[2] Ibid.
[3] Ibid.
[4] Earl Granville letter to Mr. Morier, January 7, 1882, “Papers Relating to North Borneo,” Part I, p. 202-205.
[5] Marquis of Salisbury letter to Mr. Stuart, November 24, 1879, in “Papers on Sulu, Borneo and the Charter.” Part II, p. 73.

3 comments:

Anonymous said...

Oh, SO FUNNY.... I CANNOT STOP LAUGHING.....
So u wanna take Sabah away from Malaysia? Want Sabah be a part of Philippine? Then u guys must be prepare to go to war with us, Malaysians. We will not give away Sabah, not without a fight. U have to taste ur nose get bloodied very bad first before u ever think of getting Sabah out of Malaysia. So you want WAR with Malaysia?
Oh wait...
1) Malaysia is the only country that successfully defeat the communist insurgent in the whole wide world. Malaysia & The Philippines communist insurgents problem started about the same time, but the Philippines until now cannot defeat the NPA communist, even after more than 40 years! If Philippne Army invade Sabah, the Malaysia Army will slaughter the Philippine Army just like we slaughter the communist decades ago. Now want to claim Sabah? Even the NPA, u guys cannot beat them, now what to take a fight with the Malaysia Army? What a shame...
http://en.wikipedia.org/wiki/Communist_Insurgency_War
http://en.wikipedia.org/wiki/New_People%27s_Army

2) Philippines Army are also facing insurgents group like MILF,MNLF & Abu Sayaf, & until now cannot even defeat one of them for decades now! Even the MILF u guys cannot beat, now want to fight the Malaysian Army? What a shame...
http://en.wikipedia.org/wiki/Communist_insurgency_in_the_Philippines
http://en.wikipedia.org/wiki/Moro_Islamic_Liberation_Front
http://en.wikipedia.org/wiki/Abu_Sayyaf
http://en.wikipedia.org/wiki/Moro_National_Liberation_Front
http://en.wikipedia.org/wiki/Rajah_Sulaiman_Movement

3) Philippine Army of 120,000 soldier cannot even defeat the 500-1000 Abu Sayaf fighter! Even 500 -1000 bandits also u guys cannot beat, now what to take away Sabah from Malaysia? What a shame....
http://en.wikipedia.org/wiki/Armed_Forces_of_the_Philippines
http://en.wikipedia.org/wiki/Philippine_Army
http://en.wikipedia.org/wiki/Philippine_Air_Force
http://en.wikipedia.org/wiki/Philippine_Navy
http://en.wikipedia.org/wiki/Philippine_Marine_Corps
http://en.wikipedia.org/wiki/Abu_Sayyaf

4) Philippine Air Force don't have any operational jet fighter!!! Malaysia have 18 Mig-29, 8 F-18 & 18 Su-30, all are considered the latest & the most modern fighter aircraft in the world. All are equipped with Beyond Visual Range (BVR) missiles. Philippine Air force don't even have an operational aircraft & NO air to air missile (forget about Beyond Visual Missiles), now shamely want to claim Sabah? The Philippine Air Force will be slaughter by the Malaysia Air Force like peanuts! What a shame....
http://en.wikipedia.org/wiki/Philippine_Air_Force
http://www.timawa.net/forum/index.php?topic=28998.0
http://www.timawa.net/forum/index.php?topic=29066.0
http://en.wikipedia.org/wiki/Royal_Malaysian_Air_Force
http://en.wikipedia.org/wiki/List_of_aircraft_of_the_Royal_Malaysian_Air_Force
http://en.wikipedia.org/wiki/Sukhoi_Su-30
http://en.wikipedia.org/wiki/Boeing_F/A-18_Hornet
http://en.wikipedia.org/wiki/Mikoyan_MiG-29

Anonymous said...

5) Philippine Army don't have any Main Battle Tank. Malaysia have PT-91M Main Battle Tank. Maybe not the best in the world, but considered the best in this region. U guys don't even have an anti tank missile (ATM), now shamely want to claim Sabah? Our Malaysia PT-91M will roll over your soldiers away & blow away them to pieces easily. What a shame....
http://en.wikipedia.org/wiki/Philippine_Army
http://en.wikipedia.org/wiki/PT-91_Twardy

6) Phillipine Navy have only 2nd hand World War 2 era ship that was build in 1943 as it's main capital ship. Donated by the Americans. Plus no surface to surface missile, only equipped with 76mm guns. Malaysia have tons of modern frigates, corvettes & Offshore Patrol ships, all equipped with the latest & modern electronic sensors & surface to surface missiles. It's going be a massacre if your navy want to pick a fight with our Navy. Now still want to claim Sabah? What a shame....
http://en.wikipedia.org/wiki/Philippine_Navy
http://en.wikipedia.org/wiki/BRP_Rajah_Humabon_(PF-11)
http://en.wikipedia.org/wiki/Royal_Malaysian_Navy
http://en.wikipedia.org/wiki/Scorp%C3%A8ne_class_submarine
http://en.wikipedia.org/wiki/Lekiu_class_frigate

7) Philippine Navy have no submarine. Malaysia have 2 Scorpene submarines & 1 Quessant submarines. The Scorpene submarine is considered as one of the best & quitest submarine in the world with torpedo & sub-surface to surface missiles. The sub-surface missile, SM-39, can be fired underwater to target surface warship 50km away & equipped with GPS, in case want to fire at ports. Actually, Malaysia bought 4 Scorpene but claim only 2. Your navy don't even have a decent capability for submarine warfare & don't even have any submarine, now want to fight with a navy who have the most modern diesel submarine fleet in the region? Your World War 2 era ships will be massacred easily by our modern submarines. What a shame....
http://en.wikipedia.org/wiki/Philippine_Navy
http://en.wikipedia.org/wiki/BRP_Rajah_Humabon_(PF-11)
http://en.wikipedia.org/wiki/Royal_Malaysian_Navy
http://en.wikipedia.org/wiki/Scorp%C3%A8ne_class_submarine

Anonymous said...

8) Finally, why did u guys always BEGGING from the Americans, South Koreans, Thais, Singaporeans, Australians and China to give you guys FREE or CHEAP 2nd hand military hardware? Why do u guys need to BEG from them? Most of donated 2nd hand ships should be scrapped anyway, but because u guys keep BEGGING from them, they feel pity to this little child & give it away for FREE or CHEAP to u guys. Can u guys have dignity & buy those military hardware using your own money instead of BEGGING from other countries to supply it for u guys? And please, if u want to buy any military hardware, don't buy a 2nd hand one, buy a brand new ones. If u guys still buy 2nd hand military hardware instead of brand new ones, it just show how cheap & poor u are. U guys cannot even buy a brand new military hardware, always BEGGING from other countries for 2nd hand ones, now want to claim Sabah? What a shame...
http://www.timawa.net/forum/index.php?topic=28683.0
http://bulatlat.com/main/2011/09/16/after-60-years-us-rp-defense-pact-proved-useless-disadvantageous-to-philippines/
http://bulatlat.com/main/2011/09/16/mdt-license-for-us-direct-intervention/
http://bulatlat.com/main/2011/09/02/benjie-oliveros-a-symbol-of-subservience-a-milestone-in-the-struggle-for-national-sovereignty/
http://english.peopledaily.com.cn/90001/90776/90883/7196633.html
http://z3.invisionfree.com/Defense_Philippines/index.php?showtopic=4105
http://www.stopnato.net/?p=20827
http://www.defencetalk.com/forums/air-force-aviation/philippine-air-force-discussions-updates-11182-14/
There any many more I want to write, but I guess its enough for today. Your own mess inside your country also cannot handle, now want to take care of another new territory. In your dreams lah...
Remember: Malaysia have BIGGER DICK (New, Large & Modern Military Hardware) than your SMALL DICK (2nd hand, small, donated & obsolete military hardware). So just shut up & be happy with your small dick.