Inclusion of North Borneo (Sabah) in the concept of Malaysia after the UK talks.
It was during this time when then President Diosdado Macapagal was forced to initiate the filing of the Philippine claim in North Borneo (Sabah) as it was being considered as a member of the proposed concept of Malaysia broached by Prime Minister Tengku Abduk Rahman in Singapore. [154]
Tunku Abdul Rahman, Prime Minister of the Federation of Malaya, formally announced the idea of “Greater Malaysia” in a speech at the Conference of Foreign Journalists’ Association of Southeast Asia held at the Adelphi Hotel, Singapore. This was a plan to bring Federation of Malaya, Singapore, North Borneo, Brunei and Sarawak together in political and economic cooperation.[155]
Prime Minister Tunku delivers a speech about the need to establish a plan to bring the Federation of Malaya, Singapore, North Borneo, Brunei and Sarawak into a form of political and economic cooperation. He also proposes the establishment of Malaysia.[156]
July 23, 1961
The Malaysia Solidarity Consultative Committee was established for the purpose of explaining to the people of North Borneo, Sarawak and Brunei about the establishment of Malaysia.[157]
August 1961
Inaugural meeting of the Malaysia Solidarity Consultative Committee was held in Sabah.[158]
November 1961
Negotiations between the Federation of Malaya and the British Government.[159]
November 20- 22, 1961
Negotiations between the Malaya and British governments took place, concluding with a joint statement on the creation of Malaysia.[160]
Two conditions were also set: first, that the views of the peoples of North Borneo and Sarawak should be ascertained,[161] and that the Anglo-Malayan Defence Agreement of 1957 should be extended to all territories of the new federation.
December 18- 20, 1961
Second meeting of the Malaysia Solidarity Consultative Committee was held in Kuching, Sarawak.[162]
January 6-7, 1962
The Third Malaysia Solidarity Consultative Committee meeting was held in the Selangor Legislative Assembly Chamber, Kuala Lumpur.[163]
January 17, 1962
Formation of the Cobbold Commission.[164]
The Commission was tasked explore the views of communities in North Borneo (Sabah) and Sarawak on the idea of Malaysia. The Commission comprises of five members, chaired by Lord Cobbold, a former governor of the Bank of England, its members comprises of Dato’ Wong Pow Nee and Encik Mohd Ghazali bin Shafie, representing the government of Malaya, while Sir Anthony Abell and Sir David Watherston , the representative of the British government. Mr. H. Harris acted as the Secretary.[165]
The Commission of Enquiry in North Borneo and Sarawak Regarding Malaysian Federation is established to survey the views of the communities in North Borneo (Sabah) and Sarawak on the idea of Malaysia. It is also known as the Cobbold Commission, after its chairman Lord Cobbold (a former governor of the Bank of England). The other members of the Commission are Dato’ Wong Pow Nee and Encik Mohd Ghazali bin Shafie, representing the Federation of Malaya, and Sir Anthony Abell and Sir David Watherston, representing the British government.[166]
See CO 947 summary of records in British National Archives. See also Regina Lim, Federal-State Relations in Sabah, Malaysia: The Berjaya Administration, 1976-85. Also, Alistair Morison, Fair Land Sarawak: Some Recollections of an Expatriate Officer. The Malaysian official view is in Penubuhan Malaysia 1963.
February 3-4, 1962
The Fourth Malaysia Solidarity Consultative Committee Meeting.
February 5, 1962
Attorneys of the heirs of the Sultan of Sulu wrote to the Department of Foreign Affairs with the desire to have the territory included as part of the national territory of the Republic of the Philippines;
Ortiz: J.C. Orendain, acting as counsel for the heirs – regain proprietary rights to North Borneo and that sovereignty be turned over to the Philippine Republic.[167]
April 24, 1962
Heirs of the Sultan of Sulu ceded sovereignty rights over North Borneo to the Philippine Government.[168]
Resolution No. 321 unanimously adopted by House of Representatives, urging President Macapagal to take the necessary steps for the recovery of North Borneo (Sabah).
Filed by Rep. Godofredo Ramos (Aklan) the resolution read: “It is the sense of the House of Representatives that the claim to North Borneo is legal and valid.”
April 25, 1962
President Macapagal called Sultan Mohammad Esmail Kiram to MalacaƱan Palace to discuss the Philippine Claim on North Borneo.
Acceptance by the Republic of the Philippines, represented by Acting Secretary of Foreign Affairs Salvador P. Lopez of the cession and transfer of territory of North Borneo.[169]
April 29, 1962
Ruma Bechara advised Sultan Esmail Kiram to cede to the Republic of the Philippines the territory of North Borneo, and the full sovereignty, title and dominion over the territory, without prejudice to such proprietary rights as the heirs of Sultan Jamalul Kiram may have.[170]
May 25, 1962
British Government sends a note to the Philippines asserting its claim on Sabah; says no dispute on sovereignty and ownership of Sabah.
Note is sent by British Ambassador to the Vice President and Secretary of Foreign Affairs Emmanuel Pelaez.[171]
June 21, 1962
Signing of the Report of the Commission of Enquiry, North Borneo and Sarawak, at Knebworth House, London.
June 22, 1962
Acting Secretary of Foreign Affairs, Salvador P. Lopez, handed a note to the British Ambassador to Manila asserting the Philippine claim on North Borneo.
In implementation of House Resolution 321.[172]
July 21, 1962
The Cobbold Commission submits its report to the British Government and the Federation of Malaya. Both governments accept and adopt their recommendations.
August 2, 1962
See aide-memoire: DFA meeting with Malayan ambassador.
August 7, 1962
August 29, 1962
Resolution of the Ruma Bechara of Sulu authorizing the Sultan-in-council to transfer his title and sovereignty over the inhabitants and territory of North Borneo to the Republic of the Philippines
September 11, 1962
President Diosdado Macapagal issues special authorization in favor of Vice President Emmanuel Pelaez to formally accept, on behalf of the Republic of the Philippines, the cession or transfer of sovereignty over the territory of North Borneo by Sultan Mohammad Esmail Kiram, Sultan of Sulu.[174]
September 12, 1962
Heirs of the Sultan of Sulu cede all rights, proprietary, title, dominion and sovereignty to the Republic of the Philippines.
Secretary of Foreign Affairs sends Note to British Ambassador asserting that the Philippine claim subsists despite the London agreements including North Borneo in the Federation of Malaysia.[175]
September 27, 1962
Vice-President Emmanuel Pelaez addresses the United Nations General Assembly:
We stand on what we consider to be valid legal and historical grounds. Our claim has been put forward with sincere assurance of our desire that the issue be settled by peaceful means, and without prejudice to the exercise of the right of self-determination by the inhabitants of North Borneo, preferably under United Nations auspices.[176]
October 3, 1962
See Malayan aide-memoire: North Borneo is a PHL-UK issue.
December 1962
Legislative Council of North Borneo election.[177]
111 seats candidates were elected. 96 of the elected representatives were in favor of joining the Federation of Malaysia. A few favored complete independence and none favored joining the Philippines.
December 29, 1962
Joint UK-PHL Statement after consultations:
The Philippine and British Governments being vitally concerned in the security and stability of South East Asia, have decided to hold conversations about questions and problems of mutual interest. The British Government have responded to the Philippine Government’s desire for talks, first expressed in their note of June 22, by inviting the Philippine Government to send a delegation to London for consultations at a mutually convenient date in January, 1963. Recent developments have made such conversations, in the spirit of the Manila Treaty (SEATO) and the Pacific Charter (U.N.), highly desirable.[178]
January 26, 1963
Indonesian President Sukarno pledges support to the Philippines[179]
January 28, 1963
President Macapagal restates Philippine position on Sabah in his SONA.[180]
The situation is that the Philippines not only has a valid and historic claim to North Borneo. In addition, the pursuit of the claim is itself vital to our national security.Principle of Self-DeterminationIn laying claim to North Borneo in pursuance of the legal and historic rights and the security interests of the Philippines, we recognize the cardinal principle of self-determination of which the Philippines has been a steadfast adherent. In the prosecution, of our valid claim, it is agreeable to us that at an appropriate time, the people of North Borneo should be given an opportunity to determine whether they would wish to be independent or whether they would wish to be a part of the Philippines or be placed under another state. Such referendum, however, should be authentic and bona fide by holding it under conditions, preferably supervised by the United Nations that would insure effective freedom to the people of North Borneo toexpress their true and enlightened will.[181]
January 28 – February 1, 1963
Talks between British and Philippine Governments held in London: see opening statement by Vice President Emmanuel Pelaez.
Philippines panel composed of Vice President and Foreign Affairs Secretary Pelaez, Usec. Salvador P. Lopez, Defense Secretary Macario Peralta, Justice Secretary Juan Liwag, Senator Raul Manglapus, Rep. Jovito Salonga and Godofredo Ramos, and Amb. Eduardo Quintero.[182]
February 1, 1963
Joint Final Communique issued by the Philippines and the United Kingdom stating both their claims.[183]
March 25, 1963
Senator Sumulong dissented to the filing of the Philippine claim to Sabah. Suggested voluntarily relinquishing whatever claims of sovereignty.
Sumulong says the claim was “tardily presented to the United Nations.” He pointed out that our claim did not specify the particular portion of North Borneo covered by it.[184]
March 30, 1963
Rep. Salonga (Rizal) responds to Senator Sumulong.
Claim is 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.[185]
June 3, 1963
June 7 – 11, 1963
Discussion between the foreign affairs secretaries of the Federation of Malaysia, Indonesia, and the Philippines.
The meeting resulted in the drafting of the Manila Accord.[186]
July 9, 1963
Malaysia Agreement was signed.
Article I provided for the creation of the Federation of Malaysia which included the colonies of Singapore, North Borneo, and Sarawak.[187]
DFA writes to Malayan embassy asking Malaya to help secure British approval for resolving North Borneo claim through the International Court of Justice.
July 30 – August 5, 1963
MAPHILINDO (Malaya, Philippines, Indonesia) is formed, a loose consultative body among the three countries.
July 31, 1963
Manila Accord is signed.
Indonesia, the Federation of Malaya, and the Philippines sign a policy statement agreeing to peacefully resolve the issue on North Borneo.
Ministers of the country agree to the creation of Malaysia with the support of the people of North Borneo to be ascertained by an independent body. (UN Secretary General).[188]
August 5, 1963
The United Nations Secretary-General or his representative should ascertain prior to the establishment of the Federation of Malaysia the wishes of the people of Sabah (North Borneo) and Sarawak within the context of General Assembly.
A joint communiquĆ© was issued by the foreign ministers of Malaysia, Indonesia, and the Philippines stating that the inclusion of North Borneo in the Federation of Malaysia “would not prejudice either the Philippine claim or any right thereunder.”[189]
Foreign Affairs Secretary Salvador P. Lopez tries to get British Government to enter into a special arrangement to refer the dispute to the International Court of Justice[190]
August 8, 1963
Two United Nations teams were sent to Sarawak and Sabah to ascertain the wishes of the population with regard to joining the Federation of Malaysia.[191]
August 14, 1963
United Nations Secretary-General Report confirming that majority of the population of Sabah and Sarawak wished to join the Federation of Malaysia.[192]
August 16 – September 5, 1963
The United Nations Malaysia Mission was sent to Sabah and Sarawak in order to assess if their population agreed in joining Malaysia.
August 21, 1963
Philippines proposes to Britain to submit question of North Borneo to the International Court of Justice. Philippines also informs Malayan government but receives no response.
Secretary of Foreign Affairs writes to Indonesian counterpart: on Indonesian assistance for Philippine claim to be submitted to International Court of Justice.
September 9, 1963
British reply that the Philippines has abandoned its proposal to submit case to International Court of Justice and points out: “in view of the July 9 Agreement signed by Britain, Malaya, North Borneo, Sarawak and Singapore concerning establishment of the Federation of Malaysia.”[193]
September 10, 1963
The Secretary-General’s representative, Laurence Michelmore, submitted UN Malaysian Mission’s report to Secretary-General U Thant. Among the members were Mr. George Howard; Mr. Kenneth K.S. Dadzie; Mr. George Janecek.
See: UN Photo Release, September 10, 1963.
Deputy Representative of the Secretary-General; and Mr. Neville Kanakaratne. Glasgow Herald (September 12, 1963) reported Commission’s findings:
100 per cent. of the population of North Borneo and 75 per cent. of the population of Sarawak supported formation of the federation.
September 13, 1963
Report of the United Nations Malaysia Mission.[194]
September 14, 1963
United Nations Secretary-General U Thant, in his final conclusions to the General Assembly, acknowledged that there were “certain irregularities” in the procedure of the UN mission but nevertheless said there is no doubt of the wishes of a sizeable majority of the peoples of these territories to join the Federation of Malaysia:
Having reflected fully on these considerations, and taking into account the framework within which the Mission’s task was performed, I have come to the conclusion that the majority of the peoples of Sabah (North Borneo) and of Sarawak, have given serious and thoughtful consideration to their future, and to the implications for them of participation in a Federation of Malaysia. I believe that the majority of them have concluded that they wish to bring their dependent status to an end and to realize their independence through freely chosen association with other peoples in their region with whom they feel ties of ethnic association with other peoples in their region with whom they feel ties of ethnic association, heritage, language, religion, culture, economic relationship, and ideals and objectives. Not all of these considerations are present in equal weight in all minds, but it is my conclusion that the majority of the peoples of the two territories, having taken them into account, wish to engage, with the peoples of the Federation of Malaya and Singapore, in an enlarged Federation of Malaysia through which they can strive together to realize the fulfilment of their destiny.
September 16, 1963
Since the new State of Malaysia succeeded to the interests of the British Crown in Sabah, the Philippine claim had to be pursued against Malaysia.[195]
President Diosdado Macapagal, after conferring with congressional leaders and foreign policy advisers, decided to withhold recognition of the federation until the Philippines gets formal assurances that the new Malaysia would uphold the Manila accord.[196]
Indonesia assures the Philippines it supports the Philippine position to resolve the matter in the International Court of Justice.
September 17, 1963
Philippines refused to recognize Malaysia.
Both the Philippines and Indonesia rejected the UN findings and broke off diplomatic relations with Kuala Lumpur.[197]
1963
Referendum is conducted in North Borneo. People of North Borneo choose to join Malaysia[198]
November 22, 1963
Jose Imperial memorandum to the Secretary of Foreign Affairs (see entry for 1900) on the article “Jolo Jollities” dated March 24, 1900, the Sultan of Sulu was honored with a 17-gun (Cabinet Secretary level) salute when he visited an American transport and was familiar with the honors rendered to him. This excerpt contradicts Francis Burton Harrison’s account that the honors rendered to the Sultan of Sulu was a 19-gun salute (Head of Government level).[199]
January 11, 1964
Sukarno-Macapagal Joint Statement.[200]
February 5 – 10, 1964
Attempts of allies (including the U.S.A.) to mediate among the three MAPHILINDO countries result in a series of talks in Bangkok.[201]
February 1964
Macapagal and Prime Minister Tunku Abdul Raman met in Phnom Penh. As a result, Tunku agreed to elevate the Sabah dispute to the World Court if he could get the Sabah leaders to go along.[202]
March 3-6, 1964
Attempts of allies (including the U.S.A.) to mediate among the three MAPHILINDO countries result in a series of talks in Tokyo.[203]
May 18, 1964
Establishment of Philippine-Malaysia Diplomatic Relations by the creation of a Consulate in Kuala Lumpur.
November 19, 1964
A proposal was made by the Philippines to submit the dispute to the International Court of Justice as a token of their adherence to the rule of law and the UN Charter.[204]
August 9, 1965
Singapore is expelled from the Federation of Malaysia.
February 7, 1966
Philippines reiterates Philippine position on North Borneo as stated in Manila Accord and proposes discussion on a mode of settlement for the issue. Malaysia notes the Philippine proposal.
June 3, 1966
Malaysia reiterates its willingness to abide by the Manila Accord and the Joint Statement of August 5, 1963.[205]
April 1967
Legislative Assembly election in North Borneo.[206]
32 seats were contested during the elections with the Philippines and Indonesia being invited to observe. The Indonesian government sent observers to the elections while the Philippines did not.
31 were elected with the platform of rejecting the Philippine claim over North Borneo.
Indonesia accepted the results of the elections and recognized Sabah and Sarawak as parts of Malaysia. The Philippines rejected the results and insisted on prosecuting the claim over North Borneo. The Philippines previously sent observers to the UNMM conducted in 1962.
August 8, 1967
Establishment of ASEAN.[207]
September 1, 1967
Agreement on anti-smuggling cooperation between Malaysia and the Philippines and Protocol to Agreement on Anti-Smuggling Cooperation Between Malaysia and the Philippines signed in Kuala Lumpur.
December 17, 1967
Recruits, 200 Tausug and Sama Muslims aged 18 to 30, for Operation Merdeka arrive at Simunul, Tawi-Tawi.[208]
December 20 – 21, 1967
Troops accept their mission in Sabah. They were told to start the trouble in Sabah. Then, when there is trouble in Malaysia, and they will complain to the United Nations, the President of the Philippines, Ferdinand E. Marcos, will say that the Philippine Muslims are claiming. But the Philippine government will make it appear that members of the Jabidah unit are not real soldiers but soldiers of the Muslim Sultans.[209]
December 30, 1967
Jabidah unit leaves Simunul, Sulu for Corregidor.[210]
January 3, 1968
Recruits were brought to Corregidor for training on guerrilla tactics in preparation for “Operation Merdeka,” then a top-secret plan of the Marcos administration to invade the east Malaysian state of Sabah which the Philippine claimed as part of its territory. The idea was: cause unrest, giving Philippines reason to intervene.[211]
Members of the Jabidah Unit agree to write a petition to MalacaƱang for the payment of their stipend.[212]
March 3, 1968
Three members of the unit are taken purportedly brought to Manila.[213]
March 18, 1968
Jabidah Massacre.
Their training officers fired at them before dawn after an attempt by the trainees to air their grievances against the officers to MalacaƱang.[214]
March 27, 1968
Constancio B. Maglana delivered a privilege speech in the House of Representatives on the Philippine claim on Sabah.
Constancio B. Maglana, a member of the House of Representatives published Sabah is Philippines (1969), and in a privilege speech, apart from laying the basis for the Philippine claim, also advocated the prosecution of the claim.[215]
March 28, 1968
Operation Merdeka ExposƩ in a privilege speech of Senator Benigno S. Aquino Jr.[216]
Senator Benigno S. Aquino, Jr. exposed President Ferdinand E. Marcos’ plan to create an infiltration unit (Jabidah Unit) to sneak into Sabah and cause chaos. Senator Aquino accuses President Marcos of unconstitutional acts and imperiled foreign relations. At this point, only 31 people were missing from the failed Operation Merdeka.
March 29,1968
Senate Minority Floor Leader Ambrosio Padilla reveals a document dated February 1, 1968, which was a power of attorney executed by the heirs of the Sultan of Sulu in favor of President Marcos, recognizing the authority and power of the President to represent them in the settlement of their proprietary rights over Sabah.[217]
Press Secretary Jose Aspiras announced that the authority had been given to the President as Chief Executive[218]
MalacaƱang released another document, also dated February 1, 1968, in which the President Ferdinand Marcos transferred to Foreign Affairs Secretary Narciso Ramos, in his official capacity, the authority conferred by the heirs of the President.[219]
June 17, 1968
Talks between the Philippines and Malaysia opened in Bangkok.
Philippine panel composition: Ambassador Gauttier Bisnar, Amb. Eduardo Quintero, Dr. Florentino Feliciano, Amb. Leon Ma. Guerrero and Amb. Mauro Caluigo (Philippine Ambassador to Malaysia)
Delegation’s Term of Reference: Only one mode of settlement — elevating the dispute to the World Court.[220]
July 15, 1968
Malaysia rejects Philippine claim:
“The position of my Government is that the Philippines has no claim at all, that there is nothing to settle, and that there is nothing more to talk about.”[221]
July 16, 1968
Amb. Leon Ma. Guerrero responds to Malaysian rejection.
Says the Malaysian Ambassador’s “unipersonal rejection” has “single-handedly brought our two countries to the most serious crisis in their relations.”[222]
July 20, 1968
Upon advice of the Foreign Policy Council, President Ferdinand E. Marcos breaks diplomatic relations with Malaysia.[223]
July 21, 1968
President Ferdinand E. Marcos issued a policy statement about the Philippine claim.
In radio-television chat, a day after the withdrawal of diplomatic representative in Kuala Lumpur, President Ferdinand E. Marcos, reiterated the Philippine government’s peaceful policy in its efforts to pursue the claim and advocated the recourse of filing the case at the International Court of Justice (ICJ).[224]
August 28, 1968
Senate Bill No. 954 that delinates the baselines of the Philippines and provides that “the territory of Sabah, situated in North Borneo, over which the Republic of the Philippines has acquired dominion and sovereignty.”
Sent to the President for approval.[225]
Admiral Michael Carver, Commander-in-Chief of the British forces in the Far East said his troops, ships and planes “stand squarely behind Malaysia in the growing crises with the Philippines over Northern Sabah.”[226]
September 18, 1968
Upon the recommendation of the Foreign Policy Council, President Marcos signs Senate Bill No. 954. It became Republic Act No. 5446.[227]
US State Department Press Officer Robert J. McCloskey said the U.S. recognized the ownership of Malaysia over Sabah.
Reactions:
Senator Roy: “a sneak betrayal of a friend and ally.”
Senator Benigno S. Aquino Jr: disappointment over Washington’s “shabby and painful treatment” of the Philippines.
Senator Ziga: U.S. action would make it lose friends in the Philippines[228]
Marcos called U.S. Ambassador R.G. Mennen Williams and secured assurance that U.S. would abide by her treaty commitment to defend the Philippines in case of British or Malaysian attack.
1,000 students from the University of Malaya invaded the compound of the Philippine embassy in Kuala Lumpur.
They stoned the building, pulled down the Philippine flag from its pole and trampled upon it[229]
October 5, 1968
Senator Benigno S. Aquino, Jr., in a speech before a civic group, denounced President Marcos’ actions toward Sabah.[230]
In his speech, Senator Aquino, referring to the incident at Corregidor, called out President Marcos on the massacre of the Jabidah unit. Also in his speech, the senator, quoted Senator Juan R. Liwag that R.A. 5446 did not include Sabah as a part of the Philippines:
(Liwag): There is nothing in the law which has physically incorporated or annexed Sabah to the territory of the Philippines. The law does not provide for an effective annexation of Sabah. This was not intended by our lawmakers. The law does not delineate Sabah to form part of Philippine territory for the present. The provision in question merely provides for a future delineation of the baselines of the territorial sea covering Sabah if and when the territory shall have come within our physical control.
Senator Aquino cited the right of the people of Sabah to self-determination which was shown during the referendum of 1963. The Senator quoted President Macapagal in 1963 where he said that the Philippines recognizes the principle of self-determination.
His speech ended by citing the elections that were held in Sabah in recent years.
October 15, 1968
23rd Session of the UN General Assembly, the Philippines and Malaysia tangled in a debate on the North Borneo (Sabah) Issue.
PHL policy statement: bring issue up to World Court, consistent with the Manila Accord agreement.
Malaysia policy statement:
The people of Sabah had shown their desire to be with the Federation of Malaysia; upheld the British title to Sabah based on, ‘continuous occupation, administration and exercise of sovereignty, which by itself in international law, is sufficient as a good title;’ there is no Philippine claim therefore nothing to discuss.[231]
December 1968
Malaysia proposed that the Philippines recognize her sovereignty over Sabah as a condition for the normalization of Philippine-Malaysian diplomatic relations, without prejudice to the Philippines pursuing her claim.[232]
January 22, 1969
President Ferdinand E. Marcos declares in SONA: Philippine claim to North Borneo is justified based on legal, historical, and moral grounds:
We will pursue the claim peacefully in keeping with the spirit of previous understandings with Malaysia and in accordance with the principles of national law. The claim is in the national interest and we intend to pursue it by making use of all available peaceful resources. We are encouraged by the fact that many of our Asian friends are helping in the search for a modus vivendi between the Philippines and Malaysia.
March 20, 1969
Ambassador Quintero receives from the Department of Foreign Affairs copies of documents pertaining to the search for the original deed of 1978. The documents cover 1921 – 1940.[233]
April 11, 1969
Certified true copy of Volume 4, pages 349 – 361 of the Treaties and Other International Acts of the United States from the U.S. Archive signed by U.S. Secretary of State William Rogers.[234]
April 16, 1969
Jose F. Imperial, Deputy Chief of Mission in the Philippine Embassy in Washington, writes the Secretary of Foreign Affairs with enclosed authenticated copies of Volume 4, pages 349 – 361 of the Treaties and Other International Acts of the United States.[235]
December 1969
Diplomatic relations between Malaysia and the Philippines formally resume as a result of a discussion between PM Tunku Abdul Rahman and Secretary of Foreign Affairs Carlos P. Romulo.
1971
In Under the Crescent Moon by Marites Vitug and Glenda Gloria, All accused in the Jabidah Massacre were tried and acquitted in a Military Court.
September 23, 1972
Martial Law is declared.
October 24, 1972
Moro National Liberation Front begins rebellion against the government.
1973
Under the Crescent Moon by Marites Vitug and Glenda Gloria cite Malaysia historian Aruna Gopinath, saying
reports in 1973 that Marcos, either directly or through Indonesia, had proposed to the Malaysian government that Manila would renounce publicly its claim to Sabah if Malaysia could assure the Philippines that it would stop giving sanctuary to the MNLF.
1973 Constitution
The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all the other territories belonging to the Philippines by historic or legal title, including the territorial sea, the air space, the subsoil, the sea-bed, the insular shelves, and the submarine areas over which the Philippines has sovereignty or jurisdiction. The waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the Philippines.
1974-1986
Mahakuttah Kiram becomes Sultan in 1974, after the death of his father, Sultan Esmail Kiram I. He rules until his death in 1986.
May 10, 1974
Creating a committee to handle the confirmation of the Sultan of Sulu by the Ruma Bechara.
May 13, 1974
Creating a Consultative Council on Muslim Affairs.
December 23, 1976
Tripoli Agreement is signed.
August 4, 1977
President Ferdinand E. Marcos gives up claim to Sabah. At this point in Marcos’ Presidency, a legislature has not yet been convened, therefore, President Marcos exercised full authority over Foreign Affairs policy.
In a speech Marcos said: “ The Philippine government is taking definite steps to eliminate of the burdens of ASEAN – the Philippine claim to Sabah.”[236]
After the statement, Marcos handed draft of the “Border Crossing and Joint Patrol Agreement” to Malaysia. It was not signed.[237]
Malaysians asked two things of the Philippines:
- 1973 Constitution with its broad definition of our national territory be amended in order to eliminate the clause, “territories belonging to the Philippines by historic right or legal title.”
- That R.A. 5446, particularly Section 2, be repealed.[238]
June 25, 1980
At the ASEAN Foreign Ministers Conference in Kuala Lumpur, MP Arturo M. Tolentino declared that the Philippine claim to Sabah “…is closed. We are not raising it anymore.”[239]
Three rounds of talks between Manila and Kuala Lumpur break down with Malaysia objecting toquid pro quo approach of the Philippines.
Usec. of Foreign Affairs Pacifico Castro and Tan Sri Zainal meet intermittently in Manila and Kuala Lumpur.[240]
1982-1985
Secret talks between Minister Roberto V. Ongpin and Malaysian Prime Minister Mahathir.[241]
November 1982
Malaysian foreign ministry said, “Just a verbal announcement of the Philippines that it has dropped the claim is not enough. The Philippines has not taken all the necessary steps to delete a clause in its Constitution laying claim to Sabah.”[242]
Prime Minister Mahathir reiterated need for PHL to drop claim in a brief interview after speaking before the ASEAN Law Association general assembly at the University of Malaya in Kuala Lumpur.
He said claim remained a “thorny problem” even though the Philippines is not actively pursuing it.[243]
May 1, 1986
Vice President and Minister for Foreign Affairs Salvador H. Laurel meets with PM Mahathir and Foreign Minister Tengku Ahmad Rithauddeen in Kuala Lumpur.
Mahatir reiterated commitment to settle proprietary issue of the heirs of the Sultan when they could agree on a single spokesperson with whom the Malaysian government could deal.
June 1986
ASEAN Foreign Ministers meeting in Manila.
Usec. of Foreign Affairs Jose D. Ingles and Sec. Gen. of Malaysian Foreign Ministry continue discussion on Sabah question.[244]
July 3, 1986
Draft proposed by Fr. Joaquin Bernas,S.J., removes “Historical right or legal title” from the National Territory section of the Constitution and replacing it with, “Over which the Government exercises Sovereignty and Jurisdiction.”
Commissioner Serafin Guingona objects to this proposal saying it might be interpreted as a dropping of our claim to Sabah.
Bernas says this was in order to adhere to generally accepted principles of international law.
July 7, 1986
On second Reading the provision of National Territory which states “Over which the Government exercises Sovereign Jurisdiction” is approved.
July 9, 1986
On Third Reading the provision of National Territory which states “Over which the Government exercises Sovereign Jurisdiction” is lost.
July 10, 1986
Concepcion objects to the proposed section on National Territory thus bringing it back to Second Reading.
Bernas proposes to change the word “Exercises” to “has.”
The Provision is approved.
February 16, 1987
Philippines with various demarcations
1987 Constitution comes into full force and effect, in fulfilment of the first stipulation of the Malaysians.
Provision on 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. 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.
Bernas in his Commentary on the Constitution (2003, Pp. 30-31), says:
It clearly therefore did not abandon any claim to Sabah or to any other territory but left all such matters to determination through international process.
February 20, 1987
Series of meetings between Usec. of Foreign Affairs Jose D. Ingles and Tan Sri Zainal held further talks in Kuala Lumpur.
Usec. of Foreign Affairs Jose D. Ingles and Sec. Gen. of Malaysian Foreign Ministry continue discussion of Sabah question.[245]
June 27, 1987
Series of meetings between Usec. of Foreign Affairs Jose D. Ingles and Tan Sri Zainal held further talks in Hong Kong.
Usec. of Foreign Affairs Jose D. Ingles and Sec. Gen. of Malaysian Foreign Ministry continue discussion of Sabah question. Philippines agreed to adopt new baseline law: Malaysians proposed agreements on border crossing, extradition, Treaty of Friendship, and establishment of consulates.[246]
October 23, 1987
Upon instructions from President Corazon C. Aquino, Secretary of Foreign Affairs Raul S. Manglapus tries to unify the heirs to the sultanate.
Letter of Manglapus to Senator Santanina Rasul:
I would like to suggest that the claimants organize themselves so that they may arrive at a common position…. Although yours is a private claim, we have the assurance of the Malaysian government that they are ready and willing to negotiate with the heirs of the Sultan of Sulu in order to settle this matter.
Senator Rasul successfully brings the heirs to MalacaƱan Palace and appoint representatives. However, talks were stalled when Jamalul Kiram III dissented.[247]
November 19, 1987
Senator Leticia Ramos-Shahani files Senate Bill no. 206 to repeal R.A. No. 5446. Says a package of bilateral treaties agreements on amity and economic cooperation, extradition, and border-crossing and patrols, are part of a package deal offered in exchange for the dropping of the Sabah claim.
Certified urgent by President Corazon C. Aquino but faced stiff opposition. It was not passed in the 8th Congress.[248]
December 4-6, 1987
President Corazon C. Aquino and Secretary Raul S. Manglapus met with the heirs without Jamalul Kiram III.
Brief from the meeting:
They were of the opinion that Sultan Mohamad Jamalul Kiram III was expressing his own personal views which contravene the consensus reached at the meeting of the heirs with Secretary… Manglapus at the PICC on Friday, December 4 and at the conference of the heirs held with President Corazon C. Aquino at MalacaƱang on Saturday, December 5.[249]
August 28, 1988
Former Senator Arturo M. Tolentino opposed the Shahani Bill as it would drop Sabah claim.[250]
February 12, 1989
Sultan Mohammad Jamalal Kiram III(one of the claimnants to the throne) revoked the resolution of August 1962 regarding the transfer of title and sovereignty to the Republic of the Philippines.[251]
January 11, 1993
President Fidel V. Ramos issues Executive Order No. 46 s. 1993 creating the Bipartisan Executive-Legislative Advisory Council on the Sabah Issues.
January 27 – 30, 1993
President Fidel V. Ramos state visit to Malaysia.
President Fidel V. Ramos makes proposal, Malaysia agrees to set up a consulate in Sabah and Davao, respectively. Downplays North Borneo issue despite calls from members of Congress to pursue claim.
February 10, 1993
President Fidel V. Ramos attempts to unify the heirs to the Sultanate.
President Ramos suggested that to the representatives of the heirs that they create a corporation called the Sulu-Sabah Development Corporation. The entity would be the conduit of funds from the settlement of the proprietary claim over Sabah.[252]
July 1993
The Philippines and Malaysia sign Memorandum of Understanding on Joint Commission on Bilateral Cooperation.
December 6-10, 1993
1st PH-Malaysia Joint Commission for Bilateral Cooperation.
The Meeting discussed the reciprocal establishment of Consular Offices in the Philippines and Malaysia.The Philippine delegation stated that the Philippine Government was still considering possible sites for the establishment of a Consulate in East MalaysiaThe Malaysian Delegation informed that Malaysia wishes to establish a consulate in southern Philippines. The Philippine Delegation welcomed the Malaysian proposal. The Philippine Delegation indicated that the Philippines is considering possible sites for a consular office in East Malaysia[253]
March 26, 1994
President Fidel V. Ramos proposes creation of BIMP-EAGA (Brunei, Indonesia, Malaysia, and Philippines-East ASEAN Growth Area). See Agreed minutes of inaugural ministerial meeting of the Brunei Darussalam, Indonesia, Malaysia, the Philippines-East ASEAN Growth Area (BIMP-EAGA).
1995, 10th Congress
HB 2657 – “The Philippine Exclusive Economic Zone Act of 1995.”[254]
Introduced by Rep. Manuel B. Villar, Jr.
March 28 – 29, 1995
2nd PH-Malaysia Joint Commission for Bilateral Cooperation.
The Malaysian side stated that the Malaysian Government has decided to establish a Consulate General in Davao City. A formal notification would be made to the Philippine Government and plans are for the Consulate to be set up in May/June 1995.
The Philippine side welcomed the decision of the Malaysian Government and assured the Philippine Government’s full cooperation in the establishment of the Malaysian Consulate in Davao City. The Philippine side that the Philippine Government has yet to decide on the location of its Consulate in east Malaysia.[255]
1995
Philippine and Malaysian governments agree to setup a consulate in Sabah and Davao, respectively. Malaysia setup a consulate in Davao in December but the Philippines did not push through.[256]
May 29 – 31, 1995
3rd PH-Malaysia Joint Commission for Bilateral Cooperation (JCBC).
The Meeting agreed on the need to hold regular informal consultations between the relevant agencies of the two sides to resolve any outstanding problem pertaining to Filipino workers and illegal immigrants.[257]
Opening Remarks by Datuk Abdullah Haji Ahmad Badawi, Minister of Foreign Affairs, Malaysia for the 3rd PH-Malaysia Joint Commission for Bilateral Cooperation (JCBC).
On Regulating the Flow of People and Goods:
…The Armed Forces and Police of our respective countries have already concluded a historic joint patrol exercise designed to curb piracy, illegal entry and illegal fishing in the territorial waters of the two countries. A working group between our two countries had recently met in Sabah to deal with border crossing matters. This is an important development which will contribute to facilitating and regulating the flow of people and goods at the border areas of East Malaysia and Southern Philippines…[258]
1996
Princess Denchurain Kiram writes Prime Minister Mahatir of Malaysia asking to increase the the rental $1,000,000. She also said that she is willing to renounce the claim if the Malaysian Government provide a fair settlement.
Proposal was refused by the Prime Minister.[259]
May 31, 1996
PH-MY sign Turtle Islands Heritage Protected Area Agreement.
September 2, 1996
December 1996
Border Crossing and Joint Patrol agreements signed by the Philippines and Malaysia.
1998,?11th Congress
HB 2973 – “Archipelagic Baselines Law of the Philippines”
Introduced by Hon. J. Apolinario L. Lozada, Jr.[260]
July 5, 1999
Executive Order No. 117 reconstituted the Bipartisan Executive-Legislative Advisory Council on the Sabah Issues.
12th Congress
HB 2031 (HB 2973 re-filed).
Introduced by Hon. J. Apolinario L. Lozada, Jr.[261]
March 1-3, 2000
4th Malaysia-PH Joint Commission for Bilateral Cooperation.
Establishment of a Consulate in Sabah:
The Meeting noted Philippines’ commitment towards the establishment of a Philippine Consulate in Sabah.[262]
January 2001
Sultan Esmail Kiram II writes Prime Minister Mahathir, through President Gloria Macapagal- Arroyo to increase the lease fee to $855 million per annum.263]
February 2001
PHL files for Application to Gain Access to the Pleadings at the International Court of Justice hearing on the Ligitan-Sipadan islands dispute between Malaysia and Indonesia in order “to preserve and safeguard its historical and legal rights arising from its claim to sovereignty and dominion over the territory of North Borneo.”
March 13, 2001
PHL petitions ICJ to intervene in territorial dispute over Sipadan and Ligitan islands between Malaysia and Indonesia. See also note verbale.
March 14, 2001
Malaysian authorities reportedly expressed willingness to buy Sabah for US $800 Million.
Deal supposedly initiated by heirs of the Sultan of Sulu through legal counsel Ulka Ulama.[264]
August 9, 2001
President Gloria Macapagal-Arroyo, upon her return from a state visit to Malaysia, asks Vice President and Foreign Affairs Secretary Teofisto Guingona to set up an economic and cultural office in Sabah.
Office would be similar to Manila Economic and Cultural Office in Taiwan.[265]
October 24, 2001
An extract from the decision, which is in French:
The Court determines whether Indonesia or Malaysia obtained a title to the islands by succession. The Court begins in this connection by observing that, while the Parties both maintain that the islands of Ligitan and Sipadan were not terrae nullius during the period in question in the present case, they do so on the basis ofdiametrically opposed reasoning, each of them claiming to hold title to those islands. The Court does not accept Indonesia’s contention that it retained title to the islands as successor to the Netherlands, which allegedly acquired it through contracts concluded with the Sultan of Bulungan, the original title-holder. Nor does the Court accept Malaysia’s contention that it acquired sovereignty over the islands of Ligitan and Sipadan further to a series of alleged transfers of the title originally held by the former sovereign, the Sultan of Sulu, that title having allegedly passed in turn to Spain, the United States, Great Britain on behalf of the State of North Borneo, the United Kingdom of Great Britain and Northern Ireland and finally to Malaysia.Having found that neither of the Parties has a treaty-based title to Ligitan and Sipadan, the Court next considers the question whether Indonesia or Malaysia could hold title to the disputed islands by virtue of the effectivitĆ©s cited by them. In this regard, the Court determines whether the Parties’ claims to sovereignty are based on activities evidencing an actual, continued exercise of authority over the islands, i.e., the intention and will to act as sovereign.
World Court Digest contains this opinion by one of the Justices:
“2.I wish to explicate a legal basis for the Court’s decision which, while consistent with it, has not been advanced by the Court, perhaps because it was insufficiently advanced by the Parties …The point of law is quite simple, but ultimately basic to the international rule of law. It is this: historic title, no matter how persuasively claimed on the basis of old legal instruments and exercises of authority, cannot – except in the most extraordinary circumstances – prevail in law over the rights of non-self-governing people to claim independence and establish their sovereignty through the exercise of bona fide self-determination.9. …Under modern international law, however, the enquiry must necessarily be broader, particularly in the context of decolonization. In particular, the infusion of the concept of the rights of a “people” into this traditional legal scheme, notably the right of peoples to self-determination, fundamentally alters the significance of historic title to the determination of sovereign title.15. Accordingly, in light of the clear exercise by the people of North Borneo of their right to self-determination, it cannot matter whether this Court, in any interpretation it might give to any historic instrument or efficacy, sustains or not the Philippines claim to historic title. Modern international law does not recognize the survival of a right of sovereignty based solely on historic title; not, in any event, after an exercise of self-determination conducted in accordance with the requisites of international law, the bona fides of which has received international recognition by the political organs of the United Nations. Against this, historic claims and feudal pre-colonial titles are mere relics of another international legal era, one that ended with the setting of the sun on the age of colonial imperium.16. The lands and people claimed by the Philippines formerly constituted most of an integral British dependency. In accordance with the law pertaining to decolonization, its population exercised their right of self-determination. What remains is no mere boundary dispute. It is an attempt to keep alive a right to reverse the free and fair decision taken almost 40 years ago by the people of North Borneo in the exercise of their legal right to self-determination. The Court cannot be a witting party to that.”
November 2001
ARMM Governor Nur Misuari ordered his troops to wage rebellion. He escapes to Malaysia. Malaysian government extradites him back to the Philippines.
Misuari, ARMM Governor since 1996, tried to lobby for an extension of his term set to expire in 2002. Failing, he ordered the Moro National Liberation Front to rebel in Jolo. It is crushed.[266]
2002
Some of the heirs meet in MalacaƱan Palace at the invitation of President Gloria Macapagal-Arroyo.
According to the article, Jamalul Kiram III was recognized as the Sultan. President Arroyo sent the letter asking forthe adjustment of rent to Sabah to the Malaysian Prime Minister.[267
August 2002
Reports of “heavy-handed” of Filipino deportees spark diplomatic protest from Manila.
Philippine lawmakers support revival of claim.
President Gloria Macapagal-Arroyo urges officials and the public to separate territorial dispute from issue of Filipino deportees.
September 6, 2002
Executive Order No. 121 s. 2002 again reconstituted the Bipartisan Executive-Legislative Advisory Council on the Sabah Issues.
September 19, 2002
President Gloria Macapagal-Arroyo assures heirs of Sultan of Sulu that they are protected.
13th Congress
HB 1973 –- An act defining the archipelagic baselines of the Philippine archipelago to include the Kalayaan Island Group and to conform with the provisions of the United Nations Convention on the Law of the Sea, amending for the purpose Republic Act No. 3046, as amended by Republic Act No. 5446.
Introduced by Hon. Antonio V. Cuenco.[268]
HB 6087 – An act defining the archipelagic baselines of the Philippine archipelago, amending for the purpose Republic Act No. 3046, as amended by Republic Act No. 5446.
Introduced by the Hons. Antonio V. Cuenco, Edgardo M. Chatto, Carmen L. Cari, Jose G. Solis and Roilo S. Golez.[269]
July 14-16, 2004
JCBC discusses Filipino workers in Sabah and proposes Philippines set up a consulate in Sabah.
The Malaysian side requested the Philippine side to establish a Consulate in Sabah as soon as possible. The Philippine side reiterated the government’s commitment on this matter.[270]
September 14, 2004
Executive Order No. 357 s. 2004The Bipartisan Executive-Legislative Advisory Council on the Sabah Issues was abolished and its functions transferred to DFA.
September 2005
Group calling itself the “Royal Sultanate of Sulu Archipelago’s Supreme Council” warned Malaysian government not to entertain claims forwarded to it by so-called Sultan Rodinood Julaspi Kiram regarding the resolution of the North Borneo territorial issue.
April 27-28, 2006
Closing Statement of Malaysian Foreign Minister Dato’ Seri Syed Hamid Albar at the 6th Malaysia-PH Joint Commission Meeting.
Malaysian Foreign Minister Dato’ Seri Syed Hamid Albar, in his closing statement during the 6th Malaysia-PH Joint Commission Meeting in Kuala Lumpur, asked Secretary Alberto G. Romulo to jointly “find ways to bring a final conclusion to the long due bilateral matters, namely the displaced people in Sabah and the setting up of the Philippine Consulate General in Kota Kinabalu.”[271]
June 3, 2006
Mohammad Fuad Abdulla Kiram I was proclaimed 35th Sultan of the Royal Hashimite Sultanate of Sulu and Sabah with a backing of the Moro National Liberation Front.
May 2007
Jamalul Kiram III runs unsuccessfully for Senator under Partido Demokratikong Sosyalista ng Pilipinas (PDSP) headed by Norberto Gonzales, receiving over two million votes.
PDSP is in coalition with President Gloria Macapagal-Arroyo’s Lakas-CMD and KAMPI to form TEAM Unity. Administration coalition is crushed in the polls with only two of its bets winning, the other 10 seats are won by the opposition.
14th Congress
HB 1202[272]
Introduced by Hon. Antonio V. Cuenco.
May 29, 2008
Nur Misuari called for the revival of North Borneo claim in Second Mindanao Leadership Summit attended by MNLF combatants.
Strong reaction from Datuk Seri Panglima Yong Teck Lee, President of the Sabah Progressive Party urging Malaysia’s Federal Government to bring in military, set up consulates in Mindanao and invite PHL to set up consulate in Sabah.
July 9, 2008
“Sultanate of Sulu” reportedly starts issuing birth certificates to Filipinos in Sabah .
July 27, 2008
Datu Omar negotiator of Mohammad Jamal Al Alam heirs was quoted “obtained signatures of nine heirs relinquishing claims to Sabah” but these are denied by claimants.
Uka Ulama claimed that nobody has the power to drop the claim because there is no more Sultan who reigns and rules over the territory.
August 10, 2008
Sulu provincial government tells Malaysia to Increase annual payment to Jamalul Kiram II to $500 Million.[273]
August 20, 2008
President Gloria Macapagal-Arroyo issues Memorandum Circular No. 162 s. 2008 or “Guidelines on matters pertaining to North Borneo (Sabah).”
No recognition of a foreign state’s sovereignty over North Borneo; any official activity relating to North Borneo carried out only with the clearance of or after consultations with DFA.
March 10, 2009
President Gloria Macapagal-Arroyo signs R.A. 9522, amending R.A. 5446.
In fulfilment of the second Malaysian stipulation, President Gloria Macapagal-Arroyo removes mention of Sabah or North Borneo in the Archipelagic Baselines of the Philippines law.
2010
Nur Misuari issued a statement calling the attention of Malaysia to settle the Sabah issue.[274]
June 2010
Sulu provincial board passed a resolution supporting the demand of heirs to increase the yearly payment to at least $500 Million.[275
July 16, 2011
Supreme Court decision (GR No. 187167) upholds the baseline law.
In its decision, the Supreme Court makes a conclusion of law: that R.A. 9522 did not repeal R.A. 5466, and that therefore, the Philippine claim over Sabah is retained and can be pursued. However, since this is a conclusion of law, the Supreme Court made its conclusion of law without explaining the reasons for its conclusion. It makes the decision, however, binding on the government.
April 24-27, 2012
Visit to the Philippines of Malaysian House Speaker Pandikar Amin Haji Mulia.
Malaysian House Speaker Pandikar Amin Haji Mulia raised the matter of the opening of a consulate during his call on President Benigno S. Aquino III, who, in response, instructed the Secretary of Foreign Affairs to conduct a study on the prospects for opening a consulate.[276]
June 5, 2012
February 12, 2013
Followers of Jamalul Kiram numbering over 200 men landed in Laha Datu village in Sabah on February 12, 2013.[277]
P/S Up to 1st. April, 2013; more than 60 men of the 'Sulu Terrorists' were killed by the Malaysian Armed Forces and Police Force. More than 116 Terrorrists detained, and more than 330 civilians were arrested as to be suspected related to the Terrorists and the intrusion incident. The Malaysian Government were launching ESSCOM i.e. Eastern Sabah Security Command as to enforce the ESSZONE that shall execute the full enforcement along 1,400kms of eastern Sabah shores.
At present, the Security Authority still on monitoring the Red-Zone inc. Lahad Datu and coming to the 3rd stage of the operation to assure the people of Sabah are full-secured and well-defenced. exclusively, the terrorists of Sulu had no way to achieve any objective within the intrusion. Thus, the Malaysian Authority had sent them to the dead road of the mission.
Admin : Pity to Kirams........To be continued.
Reference :
http://www.quezon.ph/2013/03/01/north-borneo-sabah-an-annotated-timeline-1640s-present/
Admin - TQ for the Reference . Wassallam.
Malay Archipelago 1511
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