ShareThisBy Atty. Ted Laguatan
At present, Malaysia through its Philippine Embassy – pays the heirs only 75,000 pesos a year for all that real estate. Arguably, this by itself may be an admission that Malaysia recognizes some rights for the heirs of the original Sulo Sultan owner. Terribly low rent today if the payment in fact represents rent and not payment for the sale of the property. Some say it is rent. Others say it is payment for the sale of the property.
Historically, in April 1851, after attacks by the Spanish, the Sultan of Sulo accepted Spanish sovereignty and became part of the then Spanish Philippine colonial government. On January 22, 1878, the Sultanate of Sulo entered into an agreement with private British syndicate of private businessmen Alfred Dent and Baron Von Overback – selling or leasing (depending on the translation of the stipulation document) North Borneo to the syndicate for payment of 5,000 Malaysian dollars a year.
Of note in this 1878 agreement is the provision that the property is being turned over “in perpetuity” (meaning forever) to the syndicate -another case again I believe of white men screwing the natives, paying them trinkets to grab their land using a contract and white man’s law that the natives don’t really understand.
In 2003, the UN International Court of Justice observes that there is no question about the Sultanate of Sulo transferring all its sovereign rights over its properties to Spain. In the Madrid Protocol of 1855, the Spanish government ceded all of its sovereign rights on the properties “owned or used to be owned by the Sultanate of Sulo” – in favor of the British government. This was even before the contract with the British syndicate. Thus, the sovereignty of the Sultanate of Sulo over all its properties ended when it turned over its sovereignty to the Spanish Philippine colonial government – who in turn ceded its own sovereignty in North Borneo (Sabah) to the British Government.
The heirs arguably may have a valid historical claim on ownership if the British syndicate in fact rented it from the Sultan and through time, even with various events and change of governments, payments are still being made to them. This real estate property is now under the sovereignty of the Federation of Malaysia who whether we like it or not, now has de facto and de jure sovereignty over this land. This issue of sovereignty, even according to past UN International Court of Justice observations – is now moot. The Malaysian government has proper sovereignty.
The issue now has to do only with ownership and whether or not the monthly payment of 5000 malaysian dollars equivalent to 75,000 pesos is “rent” or “payment for the sale” of North Borneo – and whether that amount can be altered despite the amount in the contract.
Given the endless unresolved quarrels of the heirs, it would not be wise for Aquino or the Philippine government, if it is to act as intervenor for one of the heirs without the agreement of the others. Technically, the Philippine government’s participation, if it does get involved, does not really involve any claim of ownership or sovereignty on the government’s part. It has no such claims.
In fact, the only involvement of the Philippine government has to do with the fact that the claimants for the property – are Filipino citizens who are in danger because of their own foolish adventurism and illegal activities. This is a private matter between the proper heirs of the original sultan and the Malaysian government. It would be improper for the Philippine government to step in, say – in a dispute between Ayala and a tenant involving Ayala’s ownership of property in the U.S. or some foreign land.
The lack of facts and understanding of historical background and the law – lead many columnists and others to believe that the Philippine government still has a valid claim on Sabah.
Kiram’s followers were given ample opportunity to leave. They decided to dig in and fight.
Essentially, the law involved has to do with landlord- tenant law and criminal law. Even if a landlord is paid by the tenant an unjust amount of rent or even no rent at all, the landlord cannot unilaterally invade his property using armed might to remove the tenant. He would be in violation both of landlord-tenant law as well as criminal law. The Philippine government cannot support such obvious illegal actions. The proper recourse is for the heirs to come together and go through a court of proper jurisdiction.
One major problem is that the Malaysian government does not trust Philippine courts and most likely will not allow itself to be subject to their jurisdiction. The heirs also most likely would prefer not to go to a Malaysian court – but may really have no choice.
Can the heirs go to the UN Court of Justice? Only countries can go to the UN Court of Justice. The claimant heirs are descendants of the original Sultan of Sulo and are private parties – not countries. They have no standing to go to the UN Court of Justice. The “Sultanate of Sulo” is not even officially recognized as a part of the Philippine government. Sulo is a province now, not a “Sultanate”. It is not the case that this involves the province of Sulo claiming sovereignty and ownership of Sabah.
As far as the Philippine government and the UN are concerned, the Sultanate of Sulo is not a recognized government entity. However, many residents from Sulo still give some deference to the descendants of the original Sultan of Sulo.
Again, this matter involves private parties composed of the heirs of the original Sultan of Sulu and the government of Malaysia.
The better alternative for the moment – to save the lives or keep from harm Kiram’s followers – is of course through diplomatic means by asking the Malaysian government for some time for the Philippine government to persuade Kiram’s group who are Filipino citizens to leave. This was done. Extensions of time to leave were repeatedly given by the Malaysian government. The Philippine government even sent a ship for Kiram’s men to leave.
They chose not to leave and decided to fight – even kidnapping a Malaysian police chief and
a government official hostage. It’s clear that with their actions, they have no intention of obeying orders from the Philippine government nor from the Malaysian government – to cease and desist from continuing with their illegal acts. In the process, some of them have already been killed and wounded.
They and some sympathizers in the Muslim community and some clueless columnists now blame Aquino and the government? Of course, Gloria, her mercenary columnists and Aquino enemies will side with them. I don’t think that reasonable men who are aware of the historical facts and the law – can agree with their position.
The best that the Philippine government can do for them now – is to try to save their lives by urging them to leave and seek recourse through legitimate peaceful means – if that is still possible. But their leaders recently announced that Sabah is their homeland and that they will die there. Terrible, unnecessary tragedy.