Solar news: The Sultanate of Sulu's claim over Sabah dates back to 1878 when the Sultan of Borneo gave a piece of land to Sultan Jamul Ahlam of Sulu in exchange for some services, according to to Reymar Yson, history professor at the National Teachers College.
The transfer of ownership was documented with an agreement between the two sultans.
That piece of land was North Borneo, which is now called Sabah.
“Borneo po kasi humihingi ng tulong sa atin, either within tribal wars, or sa pangangayaw o head hunting," Yson said. "Nagkaroon ng union ngayon ang Sultan of Borneo and Sultan of Sulu. Kung baga, for giving them backup, binigay satin yung Sabah [Borneo once asked for our help, either within tribal wars, or in head hunting. So a union was formed between the Sultan of Borneo and the Sultan of Sulu. It’s was like, for giving them backup, they gave Sabah to us].�
Since then, all the other groups who stayed in Sabah would pay the Sultanate for a lease on the territory.
In fact, he added, another document in 1903 was made, this time to record an increase in the amount of lease to be paid the Sultanate.
These documents have been translated into at least three languages - Tausug, English, and Spanish - which President Benigno Aquino III said complicated the Philippines' claim over Sabah because some translations might not have been accurate.
But Yson said that one word found in all documents, in all translations, would show that the Sultanate owns Sabah. The word is padyak.
"Sa parehong dokumento, malinaw yung term na padyak," Yson said. "Kung susundin talaga pakahulugan ng padyak, ibig sabihin nun lease. So inuupahan lang nila sa atin [In both documents, the term padyak is clear. If we would strictly follow what ‘padyak’ means, it means lease. Definitely, they are only leasing from us],� he said.
But despite having documents, the Sultanate would later find it difficult to assert its claim because of succeeding events.
For one, a big chunk of lease payments stopped after World War II, when both the Philippines and Malaysia focused on their own rehabilitation.
Another problem was when the Philippines established its Exclusive Economic Zone in 1982.
“Nagkaroon ng UN sea laws, particularly yung Exclusive Economic Zones," Yson said. "Hindi sinama sa Pilipinas ang Sabah. Tapos ngayon ang Sabah, dahil sa EEZ, ang Sabah talagang napunta na sa Malaysia. Pero because of the ancestral domain claim, talagang ayaw i-give up ng Sulu yun [There came into existence the UN Sea Laws, particularly the Exclusive Economic Zones. Sabah was not included as part of the Philippines. Sabah instead went to Malaysian. But because of the ancestral domain claim, the Sulu Sultanate refused to give it up]"
He said this was probably the reason that past administrations did not pay much attention to the claim to Sabah, for fear that it might just complicate the country's international relations.
There's also an issue of who the real claimants are - a matter President Aquino admitted is part of the ongoing extensive study of the claim.
“From Sultan Jamalul Kiram II, whose reign or term ended in 1936, I understand he did not have any direct heirs," the President said. ."And they have at least five people who are claiming to be the Sultan of Sulu. So that is one of my first problems. Who actually represents the Sultanate of Sulu?�
Sultan Jamalul Kiram II was the last direct heir of Sultan Jamal Ahlam, but his reign ended when he died in 1936.
President Aquino said that Kiram II's brother, Sultan Mawallil Wasit II, who was supposed to take over, died even before he could be crowned.
Sultan Wasit II had no heirs either.
The current sultan, Sultan Jamalul Kiram III, is the grandnephew of Sultan Wasit II.
But Yson said that the issue of family lineage shouldn't affect the claim - as it just all boils down to the entire Sultanate.
“Culturally, alam naman natin na kapag walang anak, yung next kin ang pwedeng umupo," he said. "Ganun sa Sultanate. Because of that, may claim pa rin yung mga kamag-anak kahit sabihin mong childless yung isa [Culturally, we know that the Sultan is childless, then the kin would inherit the throne. That is how it works for the Sultanate. Because of that, the relatives still have claims, even if one says he is childless].�
Another reason why the Aquino administration seems hesitant to assert the claim over Sabah is that Malaysia has become such a close ally that it might strain their good relationship. Source: solar news by ina andalong.