Sulu sultan in Sabah: We won't go home

http://www.sunstar.com.ph/breaking-news/2013/02/26/sulu-sultan-sabah-we-wont-go-home-201!1
"ues#a$% &ebruar$ 26% 2013
MANILA (Updated 4:09 p.m.) -- Sultan 'amalul (iram )))% whose group has been hole# up in Sabah% *ala$sia% #e+ie# "ues#a$
,resi#ent -enigno ./uino )))0s #irecti1e +or him an# his +ollowers to return to the ,hilippines% sa$ing the$ will not lea1e the
islan#.
./uino sai# in a tele1ise# speech "ues#a$ that the ,hilippine 2o1ernment will be pushe# to +ile cases against (iram0s group
since their actions can pose threat to national securit$ an# public sa+et$.
3.s ,resi#ent an# chie+ e4ecutor o+ our laws% ) ha1e taske# an in1estigation into possible 1iolations o+ laws b$ $ou% $our
+ollowers% an# collaborators engage# in this +oolhar#$ act. *a$ ) remin# $ou as well that as a citi5en o+ the 6epublic% $ou are
boun# b$ the 7onstitution an# its laws%3 ./uino sai#% citing .rticle )) o+ Section 2 o+ the 7onstitution.
-ut (iram's $ounger brother% .gbimu##in (iram% who is consi#ere# crown prince in the Sultanate o+ Sulu% sai# he an# his
+ollowers will not lea1e Sabah% 8because it is ours.9
3We're not in1a#ing this place%3 he sai#% a##ing his group is +ast running out o+ +oo#.
3Sabah is owne# b$ the sultan o+ Sulu% so what crime are we 1iolating:3 he a##e#.
;e sai# the 1illage o+ "an#uao in <aha# =atu has been surroun#e# b$ *ala$sian police an# aban#one# b$ long-time &ilipino
resi#ents% who +eare# getting caught in cross+ire.
3)+ the *ala$sian police come with guns% we ha1e to #e+en# oursel1es%3 .gbimu##in sai#.
"he (irams +rom Sulu has occupie# Sabah since &ebruar$ >. "he$ ha1e been claiming the lan# in "an#uao 1illage +or nearl$ a
centur$.
=espite the seemingl$ +utile stunt% the (iram sultanate has succee#e# in re+ocusing attention to the territorial issue that past
,hilippine presi#ents ha1e relegate# to the backburner in +a1or o+ culti1ating ties with a++luent *ala$sia% as the ,hilippines
atten#e# to more pressing concerns such as the *uslim insurgenc$.
,resi#ent ./uino sai# he ha# or#ere# an e4tensi1e stu#$ into the Sulu sultanate's claim to Sabah% but warne# that the e++ort coul#
run into a #ilemma o1er the con1olute# histor$ o+ the #ispute. (AP/Sunnex)
./uino or#ers return o+ &ilipinos in Sabah stan#o++
http://www.sunstar.com.ph/breaking-news/2013/02/26/a/uino-or#ers-return-+ilipinos-sabah-stan#o++-20131
"ues#a$% &ebruar$ 26% 2013
*.?)<. (Updated 10:20 a.m.) -- ,resi#ent -enigno ./uino ))) on "ues#a$ aske# the close to 200 +ollowers o+ Sulu Sultan
'amalul (iram ))) who ha1e been locke# in a stan#o++ in Sabah to return peace+ull$ to the ,hilippines.
@r else% the ,resi#ent sai# in a tele1ise# speech that the go1ernment will be pushe# to +ile cases against those who instigate# the
inci#ent since their actions can pose threat to national securit$ an# public sa+et$.
./uino cite# .rticle )) Section 2 o+ the 7onstitution% which states that the ,hilippines renounces war as an instrument o+ national
polic$% the enabling law o+ which is .rticle 11A o+ the 6e1ise# ,enal 7o#e% which punishes those who 3pro1oke or gi1e occasion
+or a war...or e4pose &ilipino citi5ens to reprisals on their persons or propert$.3
3.s ,resi#ent an# chie+ e4ecutor o+ our laws% ) ha1e taske# an in1estigation into possible 1iolations o+ laws b$ $ou% $our
+ollowers% an# collaborators engage# in this +oolhar#$ act. *a$ ) remin# $ou as well that as a citi5en o+ the 6epublic% $ou are
boun# b$ the 7onstitution an# its laws%3 he sai#.
3"hus% $ou are now +ull$ aware o+ the conse/uences o+ $our actions. We ha1e not $et reache# the point o+ no return% but we are
+ast approaching that point%3 sai# the ,resi#ent% who was accompanie# b$ 'ustice Secretar$ <eila #e <ima an# )nterior an# <ocal
2o1ernment Secretar$ *anuel 6o4as )) when he #eli1ere# his message in *alacaBang.
"he 7hie+ C4ecuti1e sai# his #ut$ is clear% which is to protect the interest o+ maDorit$ o+ the &ilipinos.
3"his is the time to #emonstrate that $ou are a true lea#er both in name an# #ee#. "he right thing to #o now woul# be to or#er
$our +ollowers to return home as soon as possible. "he choices an# conse/uences are $ours. )+ $ou choose not to cooperate% the
+ull +orce o+ the laws o+ the state will be use# to achie1e Dustice +or all who ha1e been put in harm's wa$%3 he sai#.
;e sai# those who are ai#ing (iram's +amil$ woul# also be part o+ the in1estigation a+ter noting that the +amil$ is not in 31er$
goo# +inancial con#ition3 an# a /uite large amount o+ mone$ was in1ol1e# in +err$ing those people +rom "awi-"awi to Sabah.
3;ence% the +irst logical /uestion woul# be: Where #i# the +un#ing come +rom: .n# who is +un#ing them: So it seems clear at
this point but we are still collating e1i#ence that this was not an action Dust on their part%3 the ,resi#ent sai#.
*ala$sia ga1e the group until We#nes#a$ night to 1oluntaril$ lea1e the area.
. humanitarian ship E-6, "agbanuaF has been sent to <aha# =atu to +etch &ilipinos there but reports sai# no one +rom the group
wante# to retreat an# go home.
(iram sai# the$ are onl$ claiming their ancestral lan#% which was lease# to a -ritish compan$ in 1AA.
"he pa$ment o+ annual rent worth ,0%000 went on #espite *ala$sia's assertion o+ so1ereignt$ o1er the resource-rich territor$.
"he ,resi#ent sai# he was ma#e aware that (iram sent him a letter through the @++ice o+ the ,resi#ential .#1iser on the ,eace
,rocess E@,.,,F #uring the +irst weeks o+ his term.
Gn+ortunatel$% the Sultan's letter was lost in the bureaucratic ma5e but ./uino sai# there was no intention to ignore the letter.
./uino ha# alrea#$ taske# his legal team an# the #epartments o+ 'ustice an# &oreign .++airs to stu#$ the 1ali#it$ o+ the territorial
claim.
3"here are actuall$ two #ocuments that ha1e $et to be stu#ie#%3 he tol# reporters.
"he ,resi#ent% howe1er% #ecline# to comment i+ the ,hilippines will raise again the Sabah claim be+ore an international tribunal.
*eantime% Hice ,resi#ent 'eDomar -ina$ sai# he talke# to (iram regar#ing the issue.
3;e e4plaine# to me their position an# ) listene# to him. ) then reiterate# the position o+ the ,hilippine go1ernment an# renewe#
m$ appeal +or sobriet$. ) emphasi5e# that the parties shoul# e4ert all e++ort to arri1e at a peace+ul resolution%3 he sai#.
./uino also promise# to sit #own with (iram 3precisel$ to map out their grie1ances an# see the wa$ +orwar# a+ter that.3 (Viri!
L"pe#/S$%/Sunnex)
<awmakers seek peace+ul en# o+ Sabah stan#o++
http://www.sunstar.com.ph/manila/local-news/2013/02/23/lawmakers-seek-peace+ul-en#-sabah-stan#o++-26>3
Satur#a$% &ebruar$ 23% 2013
"W@ legislators +rom *in#anao are backing a peace+ul resolution to the stan#o++ at Sabah as the =epartment o+ &oreign .++airs
E=&.F appeale# to the *ala$sian 2o1ernment to e4ten# its #ea#line to the group o+ arme# &ilipinos in the area.

;ouse =eput$ Speaker an# Iamboanga 7it$ 6epresentati1e *a. )sabelle 7limaco sai# although there is a historical claim o1er
the area% #iplomatic channels ha1e to be use# +or the peace+ul resolution o+ the stan#o++.
8=iplomatic channels ha1e to be use# through the =epartment o+ &oreign .++airs. We #o not want an escalation o+ tensions in
our bor#ers thus% e4ercise all means +or a peace+ul resolution%9 sai# 7limaco.

*alacaJang earlier sai# the ,hilippine 2o1ernment0s claim to Sabah is 8#ormant9 at the meantime.
*aguin#anao 6epresentati1e Simeon =atumanong also supports the #iplomatic means sought to the current stan#o++ between
*ala$sian authorities an# +ollowers o+ Sulu Sultan 'amalil (iram ))).
8"here shoul# be a #iplomatic #eal with *ala$sia regar#ing #ealing with the men o+ the Sulu Sultanate an# at the same time talk
with the Sultan to help a1oi# a #rastic situation%9 =atumanong% also a +ormer Dustice secretar$% sai#.

=atumanong sai# the go1ernment shoul# +in# access to the Sultan to talk to him.
"he =&. on &ri#a$ aske# *ala$sia to e4ten# until "ues#a$ the #ea#line it ga1e to (iram0s group. E(athrina .l1are5/Sunne4F
Su!u &u!tan &a'& (n" )rime( in Sa*a+ in)ur&i"n, &ee-& P. "/t inter)e&&i"n in &tand"00
-$: A*iai! 12"-, InterA-&'"n.)"m
&ebruar$ 26% 2013 11:2A .*
http://www.interaks$on.com/article/KKAK/sulu-sultan-sa$s-no-crime-in-sabah-incursion-seeks-ph-go1t-intercession-in-stan#o++
*.?)<.% ,hilippines -- EG,=."C L 2:22 p.m.F Sulu Sultan 'amalul (iram ))) insiste# "ues#a$ that 8no crime9 was committe#
b$ his +ollowers who ha1e occupie# a 1illage in Sabah as he maintaine# that 8Sabah is ours.9
.t the same time% (iram0s camp has aske# the ,hilippine go1ernment to interce#e in behal+ o+ the sultan0s +ollowers% who ha1e
engage# *ala$sian securit$ +orces in a stan#o++ since earl$ &ebruar$% an# sen# a #elegation that inclu#es a ,hilippine an# a
*ala$sian representati1e to resol1e the impasse.
"his a+ter ,resi#ent -enigno ./uino ))) himsel+ urge# the Sulu sultan to or#er his people to return to the countr$% an# as the
*ala$sian securit$ +orces ha1e been gi1en the go-ahea# to #isarm (iram0s +ollowers.
3We ha1e not committe# an$ crime when permission was grante# +or &ilipinos to go an# peace+ull$ settle in Sabah which is our
homelan#%3 (iram tol# a tele1ise# news con+erence.
.braham )#Dirani% spokesman o+ the Sulu sultan% appeale# to ,resi#ent -enigno ./uino ))) +or a #ialogue with (iram be+ore their
+ollowers lea1e the 1illage o+ <aha# =atu. ./uino also announce# earlier that he has or#ere# (iram in1estigate# +or possible
7onstitutional 1iolations #ue to the arme# incursion to Sabah.
)n a ra#io inter1iew "ues#a$ morning% )#Dirani sai# that (iram's brother% 6aDah *u#ah E7rown ,rinceF .gmu##in (iram% who
le# the &ilipino group in Sabah% wante# the ,hilippines to sen# a #elegation which inclu#es a representati1e +rom *ala$sia an#
+rom the ,hilippines.
%e)"niti"n "0 an)e&tra! d"main "0 Su!u &u!tanate "/er Sa*a+
)#Dirani urge# ./uino to meet with (iram to #iscuss the problem. ;e sai# the sultan o+ Sulu wante# an assurance +rom the
,hilippine go1ernment that it recogni5es the ancestral lan# o+ the Sulu sultanate in Sabah.
3Si Sultan Jamalul Kiram III ay umaapela sa ating mahal na Pangulo na sana bago man lisanin ng mga kapatid natin dun sa
area na magkaruon ng pag-uusap unang una ho ang Malacanang at ang Sultanate of Sulu. Hindi sa pagmamatigas pero para
maipahayag ng personal sa ating mahal na Pangulo kung ang imumungkahi sa pamamaraan ng paglikas ng mga kapatid na
andun sa SabahESultan 'amalul (iram ))) appeals to our belo1e# ,resi#ent that be+ore our brothers lea1e the area to ha1e a
#ialogue between *alacanang an# the Sultanate o+ Sulu. "his is not being stubborn but to personall$ e4press to our belo1e#
,resi#ent suggestions on how to repatriate our brothers who are in SabahF%9 )#Dirani sai# in an inter1iew o1er ra#io #5**.
)#Dirani stresse# that the Sulu sultan was +or a peace+ul resolution o+ the stan#o++ but sai# their +orces woul# retaliate i+ attacke#.
3Ang tumbok ay ang recognition ng Malaysia tungkol sa ancestral land ng Sultanate of Sulu oer Sabah E"he +ocus is *ala$sia's
recognition that Sabah is the ancestral lan# o+ the Sultanate o+ SuluF%3 )#Dirani sai#. "he go1ernment's intercession% he sai#% was to
arri1e at a 3principle# un#erstan#ing3 between *ala$sia an# the Sulu sultanate.
@n &ebruar$ > this $ear% more than 200 +ollowers o+ the sultanate% le# b$ (iram0s brother lan#e# in <aha# =atu town in Sabah
an# occupie# the 1illage o+ "an#uo to press their ownership o+ the territor$.

$3A,$45,Pa!a)e"rderedt"&tud'Su!u&u!tan6&Sa*a+)!aim
-$ 7hristine @. .1en#aBo% =' Map
,hilippine =ail$ )n/uirer
!:3! am N &ri#a$% &ebruar$ 22n#% 2013
http://globalnation.in/uirer.net/6K0>>/#oD-#+a-or#ere#-to-stu#$-1ali#it$-o+-kirams-sabah-claim
Sultan o+ Sulu 'amalul (iram talks to reporters #uring a news con+erence in .labang% south o+ *anila% ,hilippines on Sun#a$%
&eb. 1% 2013. ;is +ollowers who crosse# to the *ala$sian state o+ Sabah this month will not lea1e an# are reclaiming the area as
their ancestral territor$% the sultan sai# Sun#a$% &eb. 1% 2013% ami# a tense stan#o++. ., ,;@"@/..6@? &.H)<.
*.?)<.% ,hilippinesO.pparentl$ seeking to appease the sultan o+ Sulu% who has until &ri#a$ to or#er his +ollowers to lea1e
Sabah% the go1ernment sai# on "hurs#a$ it was stu#$ing the sultanate o+ Sulu0s claim to the eastern *ala$sian territor$.
'ustice Secretar$ <eila #e <ima sai# ,resi#ent ./uino ha# or#ere# the =epartment o+ 'ustice E=@'F% the =epartment o+ &oreign
.++airs E=&.F an# the @++ice o+ the ,resi#ent itsel+ to stu#$ the legal 1ali#it$ o+ the sultanate0s claim to Sabah.
"he =@' will han#le the legal aspect o+ the claim% =e <ima sai#. "he =&. will #eal with the polic$ #imension% while the
,resi#ential 7ommunications =e1elopment an# Strategic ,lanning @++ice will han#le the historical aspect o+ the claim% she sai#.
"he sultanate is now hea#e# b$ Sultan 'amalul (iram )))% who last week sent a group o+ his +ollowers to occup$ Sabah% creating a
crisis that coul# re1i1e irritations between the ,hilippines an# *ala$sia in1ol1ing the resource-rich state in northern -orneo.
=e <ima sai# the stu#$ woul# inclu#e an assessment o+ the strengths an# weaknesses o+ the Sulu sultanate0s claim to Sabah.
"he stu#$ will #ig as #eep as possible into the histor$ o+ the claim% using all 8a1ailable materials%9 inclu#ing 8pre1ious stu#ies%9
=e <ima sai#.
N" dead!ine
She sai# the ,resi#ent #i# not gi1e her a #ea#line +or the submission o+ the stu#$ but her un#erstan#ing was that it was a 8priorit$
assignment.9
8) will tr$ to +inish it in a +ew #a$s%9 she sai#.
.bout 300 +ollowers o+ 'amalul le# b$ his brother% .gbimu##in (iram% are hole# up in the 1illage o+ "an#uao in <aha# =atu
town in Sabah.
"he$ are surroun#e# b$ *ala$sian police% militar$ an# na1al +orces% an# *ala$sian authorities ha1e gi1en them until &ri#a$ to
come out +or #eportation or the$ will be roun#e# up an# sent back to Sulu.
"he go1ernment has sent emissaries to 'amalul to talk to him about settling the crisis peace+ull$.
%e/i/e )!aim
"he crisis has gi1en rise to proposals +or the re1i1al o+ the ,hilippine claim to Sabah #espite the hesitation o+ the ./uino
a#ministration% which #oes not want an$ complications +or the peace negotiations with the *oro )slamic <iberation &ront E*)<&F
being brokere# b$ *ala$sia.
"he go1ernment an# the *)<& ha1e signe# a preliminar$ peace agreement% an# are threshing out a +inal accor#.
=espite the imminence o+ a +inal peace #eal% -a$an *una 6ep. "eo#oro 7asiBo on "hurs#a$ propose# that the go1ernment
re1i1e the Sabah claim an# 81igorousl$ pursue a #iplomatic an# peace+ul solution9 to the stan#o++ in <aha# =atu.
7"ntinuin )!aim
8"he recent actions o+ the heirs o+ the Sulu sultanate ha1e 1er$ strong historical an# legal9 basis% 7asiBo% a senatorial can#i#ate in
*a$0s mi#term elections% sai# in a statement.
8)n +act% the$ are acting on our continuing claim to Sabah% which has been #ormant un#er pre1ious a#ministrations%9 sai# 7asiBo%
a member o+ the ;ouse +oreign relations committee.
8P"heQ go1ernment shoul# not turn its back on our *uslim brothers. We shoul# start talks with *ala$sia +or a Dust%
comprehensi1e an# peace+ul solution to the issue%9 he sai#.
8Sabah is populate# b$ &ilipino *uslims an# has rich natural resources that can help pro1i#e +oo#% Dobs an# materials nee#e# b$
Pin#ustriesQ%9 7asiBo sai#.
"he ,hilippines0 claim to Sabah% ma#e on behal+ o+ the sultanate o+ Sulu% was +irst ma#e #uring the term o+ ,resi#ent =ios#a#o
*acapagal in 1>62 be+ore Sabah o++iciall$ became a state o+ *ala$sia.
8"-en renta!
*ala$sia continues to pa$ a token annual rent o+ K%300 ringgit E,%000F to the sultanate o+ Sulu as a 8cession +ee.9
8Succee#ing go1ernments ha1e sa#l$ ma#e this claim #ormant through the $ears. )t is high time the go1ernment% consi#ering our
nation0s long-term interests an# respecting the right an# principle o+ ancestral #omain o+ our *uslim brothers an# sisters% re1i1e#
our claim to Sabah%9 7asiBo sai#.
8"his is the best wa$ to #iplomaticall$ settle the current stan#o++ that is the reason +or centuries o+ unrest in man$ parts o+
southern ,hilippines%9 7asiBo sai#.
7eded t" Su!u
Harious historical recor#s an# accounts +rom 1!3 to 16KA showe# that Sabah was part o+ the sultanate o+ -runei. )n 16KA% the
sultan o+ -runei ce#e# Sabah to the sultan o+ Sulu in compensation +or his help in settling a ci1il war in -runei.
)n 1AAK% the coloni5ers Gnite# (ing#om% Spain an# 2erman$ signe# the *a#ri# ,rotocol% recogni5ing the so1ereignt$ o+ Spain
in the Sulu archipelago in e4change +or the relin/uishment b$ Spain o+ all its claims to Sabah in +a1or o+ the Gnite# (ing#om.
)n 1AAA% Sabah became the protectorate o+ the Gnite# (ing#om% which then was also occup$ing *ala$sia as its colon$.
Upper +and
8;istorical recor#s show that the ,hilippines has the upper han#. *an$ accounts re1eal that the sultanate o+ Sulu pre#ates all
e4isting go1ernments%9 7asiBo sai#.
8"he ,hilippine go1ernment must +ollow through on its o++icial claim to the territor$ not onl$ +or the heirs o+ the sultanate o+
Sulu% but +or the &ilipino people an# nation%9 he sai#.
!riginally posted at "#$%& pm ' (hursday) *ebruary +,) +",#
9.4S: AN7:N8%AL $4MAIN IS MIN$ANA4 ; SULU AN$
PALA9AN<


-y$ .udy -. .odilRR

Intr"du)ti"n
So much bloo# has been she# in the
struggle o1er *in#anao% Sulu an#
,alawan. ) belie1e it is high time% an# the
reason has been more than enough% +or all
o+ us to #ig into the +acts o+ histor$ an#
+in# out once an# +or all who or which
group o+ people ma$ claim the region as
their ancestral #omain.
"he a1ailabilit$ o+ more #ocuments on the
histor$ o+ the *oro people compels us to
+ocus our anal$sis on the ancestral lan#s o+
the *uslims. )n the process% howe1er% we
shall e1entuall$ touch on the lan#s o+ the
<uma#non.
9+at Standard $" 9e U&e 0"r
$eterminin t+e An)e&tra!
$"main "0 t+e Mu&!im&=
&or us to sa$ that a particular territor$
+alls% within ancestral #omain% the
+ollowing +actors must be present:
&irst% a tribe must ha1e enDo$e# prior an#
uninterrupte# occupanc$ o1er the territor$
until 1A>A Eor e1en until 1>3> when onl$ a
han#+ul o+ settlers +rom <u5on an# the
Hisa$as ha1e so +ar mo1e# into the areaFS
Secon#% one sultanate or another must
ha1e reigne# o1er this tribe% an# such
reign must ha1e been uninterrupte# until
1A>A. -rie+ interruptions like a Spanish
take o1er nee# not bother us i+ the$ are
brie+ an# temporar$ in nature.
"he elements o+ 8prior an# uninterrupte#
occupanc$9 are uni1ersall$ recogni5e# as
a legitimate basis o+ possession an$where
in the worl#% whether title# or not. .n# so%
this woul# probabl$ su++ice +or our
purposes.
8=omain9 is also interprete# here to mean
not onl$ lan#% but also ri1ers% creeks% seas%
mountains% an# hills% +orests an# natural
wealth containe# therein% inclu#ing wil#
game.
We shall not inclu#e here the content o+
8-angsa *oro9 as #e+ine# b$ the *oro
?ational <iberation &ront E*?<&F
inasmuch as this concept sur+ace# onl$
with the emergence o+ the *?<& in 1>2.
<et us now e4amine the territories o+ the
Sulu an# *aguin#anao sultanates.
9+i)+ 8errit"r' 3e!! 9it+in t+e
$"main "0 t+e Su!u Su!tanate=
.mong the people o+ Sulu% the Sulu
archipelago% -asilan% Sambongan%
,alawan an# ?orth -orneo are commonl$
regar#e# as the territor$ o+ the Sulu
Sultanate. &or con1enience% allow me to
e4clu#e ?orth -orneo +rom our
#iscussion. Samboangan probabl$ #i# not
mean the entiret$ o+ the Iamboanga
peninsula since it is a well known +act that
much o+ it also +ell within the #omain o+
the *aguin#anao sultanate.
"he )slami5e# tribes in the territor$ were
the "ausug in SuluS Sama an# -a#Dao in
"awi-"awiS 'ama *apun in 7aga$an #e
Sulu an# southern ,alawanS ,alawani an#
*olbog Eor *elebugnonF in Southern
,alawanS Makan in -asilan% an# the
(alibugan in Iamboanga. ?on-)slami5e#
tribes inclu#e# the -atak an# "agbanua o+
southern ,alawan an# the Subanun o+ the
Iamboanga peninsula. ?o other tribe has
been known to ha1e occupie# sai#
territories be+ore them. ?ote that we ha1e
not inclu#e# northern ,alawanS there is no
clear cut historical e1i#ence that this
portion e1er +ell within the territor$ o+ the
Sulu sultanate. *uslim settlements in the
pro1ince were locate# in the +ollowing
areas:
Castern
7oasts
:
Western 7oasts:
Southern
"ip:
.bo-.bo
Sumbo
,ani/uian
7orum-i
"acbusao
-on--on
Mnabung
*alihu#
2uinagan
Helun
Sugu#
-o$ata
*alanut
Mlanan
<onacan
=iungan"acbo
a$a
Cran
7ulasian
,olaninga
<uuc
7anipan
7alanga
nan
-ato-
-ato
;uantig
-ulilig
'a$a
Gngen
"acba
'unbilun
,inanasa
n
"aara$a
Sopa
-agsuk
-alabac
.n# these generall$ correspon# to that
portion +rom .borlan southwar# to
-alabac.

"he whole time that the Spaniar#s were
wreaking ha1oc in the sultanate #omain%
+rom 1K6K to 1A>A% the sultanate
machiner$ generall$ remaine# intact. -ut
certain portions o+ its territor$ went to the
coloni5ers Samboangan or the present site
o+ Iamboanga 7it$ was taken o1er in
11A through arme# mightS southern
,alawan was ce#e# to them b$ the Sultan
o+ Sulu in 10K. "here is one curios angle
in this cession. Carlier% in 103% the same
territor$ was ce#e# b$ the Sultan o+
*aguin#anao to the Spaniar#s.

@ne a##itional +actor in the stor$ o+
Iamboanga ma$ be cite# here. "he
cha1acano speaking people were brought
in b$ the Spaniar#s in 11A an# ha1e
alwa$s been colonial subDects to the en# o+
Spanish rule. "o this #ate% the$ constitute
a substantial number in Iamboanga 7it$.
*a$ the areas the$ occupie# be consi#ere#
as their ancestral #omain: ) am not sure%
reall$.

.+ter the wholesale lan# grabbing e++ecte#
through the "reat$ o+ ,aris% the .merican
colonial go1ernment opene# -asilan to
capitalist settlers an# in1estors. <ikewise
with Iamboanga. -ut not too man$
settlers entere# the area be+ore 1>3>.
,anacan in ,alawan was opene# to
settlement in 1>!>.
9+i)+ 8errit"r' 3e!! 9it+in t+e
$"main "0 t+e Mauindana"
Su!tanate=

"he territor$ o+ the *aguin#anao
Sultanate was most e4tensi1e in the reign
o+ Sultan (u#ararat E161>-1>1F%
especiall$ in the last 2K $ears. &ollowing
was the wa$ =r. 7esar .#ib *aDul% author
o+ the authoritati1e *uslims in the
,hilippines% #escribe it Epp. 12-13F:

8"he coastal area +rom Iamboanga to the
2ul+ o+ =a1ao was tributar$ to him. ;e
was acknowle#ge# the paramount lor# o+
the ,ulangi. ;is sphere o+ in+luence
e4ten#e# to )ranun an# *aranao territorial
an# e1en as +ar as -uki#non an# -utuan in
the ?orth o+ *in#anao. ;is rule hel# swa$
o1er Sangil an# Sarangani. C4cept in
points like =apitan% 7araga% an# the sites
o+ the present #a$ -utuan an# 7aga$an #e
@ro cities% an# in the almost inaccessible
parts o+ the interior o+ the islan#%
practicall$ all o+ the inhabitants o+ the
)slan# o+ *in#anao ha# accepte# him as
su5erainT9

Some clari+ication must be ma#e in the
case o+ -uki#non. Gntil 1>!A% the
municipalities o+ ,angantukan an#
"alakag ha# a consistentl$ high number o+
*uslim resi#ents. ,resumabl$% these
*uslims were *aranao consi#ering that
these towns are locate# at the <anao #el
Sur--uki#non bor#er. We are also tol#
that the +arthest *uslim outpost in
-uki#non in the 1>th centur$ was locate#
at the con+luence o+ the *olita 6i1er or
the present bor#er between -uki#non an#
7otabato. *uslim tra#ers% usuall$
*aguin#anao% went #eeper into -uki#non
upstream o+ the ,ulangi but to tra#e% not to
collect tribute which was the common
e4pression o+ subDection at that time. =r.
*aDul0s account% there+ore% cannot be
taken wholl$ on the basis o+ the present
#a$ political sub#i1ision o+ -uki#non% i+
onl$ +or the simple reason that the
meaning o+ 8sphere o+ in+luence9 is not so
eas$ to comprehen# +rom historical #ata.

*uslims tribes that ma$ be categori5e# as
subDect o+ the *aguin#anao sultanate
inclu#e# the *aguin#anao% *aranao%
)ranun an# Sangil. "he (alagan o+ the
=a1ao 2ul+ area apparentl$ became
*uslims onl$ in the 1>th 7entur$. "he
non-*uslim tribes were the Subanun in
Iamboanga% the "irura$% Gbo% "0boli%
-laan% *anobo in the 7otabato areaS the
-agobo% -laan% "agakaolo% .ta% *an#a$a
an# *ansaka% an# *anobo in the =a1ao
region% an# the -uki#non an# ;igaunon in
the -uki#non bor#er% as well as in )ligan.
)t is e4tremel$ #i++icult to #etermine +rom
historical sources to what e4tent the latter
group o+ people Ethe non-*uslimsF were
subDects o+ the sultanate. .lso% in the
speci+ic case o+ Iamboanga% no stu#$ has
$et been ma#e speci+$ing where the Sulu
sultanate0s su5eraint$ en#e# an# where the
*aguin#anao0s in+luence begun.
Sustaine# Spanish onslaught upon
mainlan# *in#anao #i# great #amage to
the *aguin#anao sultanate. "he great
sultanate o+ (u#arat0s time ha# become
splintere# into the sultanates o+
*aguin#anao% -ua$an% (abuntalan% an#
2anassi. "he territor$% too% was greatl$
ero#e#.

)n 1A!6% the =a1ao 2ul+ area was ce#e#
b$ the *aguin#anao Sultan to the
Spaniar#s. "he +ollowing $ear% the
2o1ernor 2eneral sent 'ose @$anguren
an# e++ecte# the actual con/uest o+ the
area% beginning with the #e+eat o+ =atu
-ago. .t aroun# the same time% the
Sibuga$ an# -iasungan areas in
Iamboanga were ce#e# b$ the same
Sultan. )n the &irst three #eca#es o+ the
1th 7entur$% (u#arat himsel+% or his
+ather be+ore him% lost to the Spaniar#s the
control o1er 7aga$an #e @ro an# .gusan.
Surigao an# )lagan% too % were earl$
casualties in the Spanish territorial
e4pansion.

Spanish successes #i# not% howe1er% mean
#irect rule o1er the luma#non o+ the
interior in territories which +ell within
their colonial control. We can% in a wa$%
gauge the #epth o+ their success +rom the
+ollowing #ata. )n 1!>% the$ ha# !%63
tributaries an# 20%K60 souls in Surigao an#
*isamis. )n 1A% the$ ha# K%16!
tributaries an# 30%>0! souls in -islig%
"an#ag% Surigao% -utuan% 7amiguin%
7aga$an% )ligan% *isamis% =apitan%
<ubungan% -a$ug% ,inaguian an#
Iamboanga. )n 1A61% the$ ha# 26%6KK U
tributes an# 12K%A61 souls in =a1ao%
-islig% "an#ag% 7antilan% ;iga/uit%
=inagat% Surigao% *ainit% 7abuntug%
7acub% <inao% "alacogon% -utuan%
-alingasag% 'asaan% 7aga$an% )ponan%
)ligan% *isamis% =apitan% 2imene5%
<ubungan% *ambahao% 7atarman%
*ahinog% Saga$% ,ollock% Iamboanga an#
)sabela in -asilan. *ost o+ these
tributaries were <uma#non con1erts.

.merican con/uest wipe# out what
remaine# o+ the territor$ in 1A>A. .si#e
+rom its inclusion in the treat$ o+ ,aris%
portions o+ *aguin#anao territor$ were
#ispose# o+ with acti1e participation +rom
the *aguin#anao lea#ership. =atu ,iang
submitte# to .merican so1ereignt$ an#
took acti1e part in suppressing the
opposition o+ the gallant =atu .li an#
others with him. "he same #atu became
instrumental in the opening o+ the +irst +i1e
agricultural colonies in ,ikit% ,agalungan
an# 2lan which later pa1e# the wa$ +or
the large-scale implementation o+
resettlement% an# this was how thousan#s
o+ 7hristian &ilipino settlers +loo#e# the
areas in 7otabato% co1ering the present
#a$ +our pro1inces o+ ?orth 7otabato%
*aguin#anao% Sultan (u#arat an# South
7otabato.

-e+ore 1>3>% or better still% the Secon#
Worl# War% the greatest bulk o+ +oreign
in1estors an# settlers% mostl$ .merican
an# 'apanese% +lowe# into =a1ao. "he
'apanese% in particular% ha# reache# an all
time high o+ 20%000 resi#ents b$ 1>!1.
<anao ?orte% too% the western en# an# the
southern coasts o+ Iamboanga% were
opene# to settlers be+ore the same #ate.

)t is o+ e4treme importance to stress here
that the 7hristian &ilipino settlers were
unwitting tools o+ the .merican coloni5ers
in their o1erall strateg$ to subDugate the
*oro people an# e1entuall$ to assimilate
them into the &ilipino bo#$ politics.

C4cept +or the change in the top
lea#erships +rom .merican to &ilipino% the
policies an# programs o+ go1ernment
initiate# b$ the .mericans% especiall$
those which concerne# the political status
o+ the *uslims an# the <uma#non an#
their ancestral #omain% remaine# basicall$
the same a+ter 1>!6% one more concrete
proo+ o+ the neo-colonial status o+ the
6epublic.

"he occupanc$ o+ the *uslim an# non-
*uslim tribes in their ancestral lan#s
remaine#% theoreticall$% uninterrupte#. )n
truth% the continuous in+lu4 o+ settlers into
their lan#s le# not onl$ to their
#isplacement but also to their minori5ation
an# marginali5ation in their own lan#s.
"hus% b$ 1>!A% onl$ <anao an# what
correspon#s to the present pro1ince o+
*aguin#anao remaine# pre#ominantl$
*uslim. ?ot a single territor$ once
#ominate# b$ the <uma#non sur1i1e# the
+loo# o+ settlers.

"o grasp more #eepl$ the concept o+
sultanate #omain% we must also e4amine
the relationship between the sultan an# his
subDects. "he in#igenous term +or subDect
is sakop an# its meaning is closer to the
Cnglish 1assal than subDect. &or greater
accurac$% we shall stick to the in#igenous
term.
9+at 2a& t+e %e!ati"n&+ip "0 t+e Su!tan
t" .i& Sa-"p, and in 9+at 9a' $id
8+i& A00e)t t+e >ue&ti"n "0 8errit"r'=

"he sultan was the hea# o+ state o+ the
sultanate. ;e was assiste# b$ a hierarch$
o+ o++icials an# ha# se1eral #atus as sakop.
"he sultan was a #atu himsel+ an# each
#atu an# his own mini-state% complete
with the +our constituti1e elements o+ a
state: people% territor$% go1ernment% an#
su5eraint$. . #atu became sakop o+
another onl$ as result o+ con/uest or the
tra#itional mo#es o+ alliances.

"he relationship between the sultan an#
his #atu-sakop ha# a certain +lui#it$ to it.
.s long as the sultan was strong% his sakop
remaine# his sakop. -ut when he or his
successor became weak% his sakop coul#
easil$ beha1e in#epen#entl$. "he sultan-
sakop relationship was commonl$
characteri5e# b$ the sultan0s obligation to
protect his sakop or help him in times o+
nee#. "he sakop in turn pai# regular
tribute an# pro1i#e# assistance to his
sultan in times o+ nee#.

Where now comes the /uestion o+
territor$: "he relationship o+ the sultan to
his #atu-sakop is a personal one in that it
#i# not carr$ with it a trans+er o+ right to
the territor$ or sakop o+ the latter. "he
=atu-sakop retains his authorit$ /
su5eraint$ o1er his own +ollowers an#
territor$. "his relationship between the
Sultan an# his *uslim #atus is essentiall$
the same as his relationship with non-
*uslim chie+tains% although in most
instances% it was his #atu-sakop or another
who e4ercise# #ominance o1er the
<uma#non.

"he +lui#it$ o+ the sultan-sakop
relationship is most important here% +or it
was this that re+lecte# the see-saw o+
power not onl$ between the sultan an# his
sakop but also between the sultanates an#
the Spanish coloni5ers. "he *aguin#anao
sultanate e4pan#e# an# contracte# within
the #uration o+ the Spanish 7olonial
perio#. "he e4tent o+ (u#arat0s territor$
was ne1er repeate# a+ter him. So that now%
+or purposes o+ #etermining the
boun#aries o+ the *aguin#anao ancestral
#omain% it becomes a mess$ game to tr$ to
use the histor$ o+ the *aguin#anao
sultanate as a stan#ar# o+ measure. ;ow
much weight #o we% +or instance% gi1e to
his 2K $ears peak perio# o+ #ominance
when this #ominance #isappeare# an# was
ne1er reco1ere# until 1A>A: "hus% because
o+ the +lui#it$ o+ the political +ortunes o+
the *aguin#anao an# Sulu sultanates% it
becomes necessar$ at present to +all back
on the tribal #omain% i+ our intention is to
#etermine at least the broa# boun#aries o+
*oro an# <uma#non ancestral #omain.
*ore so% because a+ter the .merican
con/uest% the sultanates themsel1es cease#
to +unction with e++ect.

@ne more item remains to be scrutini5e#.
;ow #o we e4plain the cession o+
,alawan% =a1ao 2ul+ area an# the regions
o+ Sibuga$ an# -iasungan: "hese were
e++ecte# minus the pressure o+ war an# #i#
not un#oubte#l$ partake o+ an
arrangement that was temporar$ in nature.
"hese cessions certainl$ implie# the
sultans0 e4ercise o+ #irect authorit$ o1er
the territories o+ their #atus-sakop. "here
col# be se1eral interpretations but one
plausible answer is to posit that perhaps b$
the time o+ the cessions% that stage o+
#e1elopment similar to the present #a$
#isposition o+ state #omain has been
reache#.

We come now to the most important
/uestion o+ our #iscussion. Whose
ancestral #omain is *in#anao% Sulu an#
,alawan:
9+"&e An)e&tra! $"main i& Mindana",
Su!u and Pa!a2an=

?aturall$% the +irst occupants who ha1e
enDo$e# up to the present uninterrupte#
occupanc$ o+ the same territor$- .n#
these are the in#igenous peoples o+ the
region: the *oro people an# the
<uma#non. .n# certainl$% not the 20th
centur$ 7hristian &ilipino settlers. -ut this
is rather 1ague% too sweeping an#
contro1ersialS too simplistic +or a 1er$
comple4 situation. <et us tr$ to be more
#etaile#.

&or the sake o+ con1enience% we shall
#i1i#e the entiret$ o+ *in#anao% Sulu an#
,alawan into three broa# categories%
namel$% EaF that portion inhabite#
pre#ominantl$ b$ *uslims% an#% without
#oubt% occupie# b$ the 13 )slami5e# tribes
an# / or encompasse# within an$ one o+
the sultanates o+ Sulu% *aguin#anao%
-ua$an% (abuntalan an# 7anassi until
1A>A% or e1en until 1>3>S EbF that portion
inhabite# b$ a mi4 o+ )slami5e# tribes%
<uma#non an# 7hristian &ilipino settlers%
an# EcF that portion inhabite# solel$ b$ the
<uma#non an# the 7hristian &ilipino
settlers.

We start with the thir# categor$ which
encompasses the entiret$ o+ the present
#a$ 6egion V E.gusan #el ?orte W Sur%
-uki#non% *isamis @cci#ental W
@riental% Surigao #el ?orteF plus Surigao
#el Sur. "he <uma#non tribes are
*anobo% -uki#non% ;igaunon an#
"alaan#ig in -uki#onS *anobo% -anauaon
Eor -arwaonF% *amanwa in the two
.gusans an# "wo SurigaosS ;igaunon in
*isamis @riental an# Subanun in *isamis
@cci#ental. With the possible e4ception o+
some -uki#non towns bor#ering <anao
Sur which ha1e ha# a substantial number
o+ *uslim inhabitants% no other place
within the thir# categor$ ha1e been
occupie# b$ an$ )slami5e# tribe. "he +ew
$ears o+ #ominance e4ercise# b$ #atus o+
the -ua$an or *aguin#anao groups%
separatel$ or combine#% in the late 16th
centur$ an# earl$ in the 1th o1er such
settlements as 7aga$an #e @ro% -utuan%
Surigao% 7araga% an# -uki#non ha1e long
been cut o++ an# ne1er re1i1e#. )t is the
<uma#non% there+ore who can claim prior
an# uninterrupte# occupanc$ in the region.
"he con/uest o+ some o+ them b$ the
Spaniar#s an# the success+ul coloni5ation
o+ e1er$bo#$ b$ the .mericans an#% later%
the take o1er b$ the ,hilippine 6epublic
#oes not #etract in an$ wa$ +rom this
claim. )t is the presence o+ the more
numerous 7hristian &ilipino settlers that
has ma#e their claim contro1ersial.

"he term 8<uma#non9 must% more o1er%
be clari+ie#. 2enericall$% it means 8nati1e9
or 8in#igenous9. ?ow% +rom the earl$
Spanish accounts we are tol# that the
peoples o+ the northern an# eastern coasts
o+ *in#anao% speci+icall$% =apitan%
@5amis% 7aga$an #e @ro% -utuan% Surigao
an# 7araga were obser1e# to speak a
language that was basicall$ -isa$an% akin
to 7ebuanoS the 7amigueBos spoke a
mi4ture o+ *anobo an# -ol-anon. .t the
time o+ the Spanish contact% late in the
16th centur$ an# earl$ in the 1th% no one
else but them occupie# sai# areas. "he
present un#erstan#ing o+ 8<uma#non9 to
mean onl$ those o++iciall$ labele# as
cultural communities or minorities must%
thus% be e4pan#e# to inclu#e these
-isa$an-speaking people who% inci#entall$
ha1e been assimilate# into the maDorit$
7hristian settlers.

)n the secon# categor$% the territor$
correspon#ing to the present three
pro1inces o+ =a1ao an# =a1ao 7it$ were
pre#ominantl$ occupie# until 1>3> b$ the
<uma#non tribes o+ the *an#a$a%
*ansaka% *angguwangan% =ibabawon%
.ta% -agobo% "agakaolo% -0laan an# the
)slami5e# groups. We ha1e scant$ #ata on
the histor$ o+ the *uslim in =a1ao but the
little we ha1e tell us that the *uslims
entere# an# occupie# the coast o+ the
=a1ao 2ul+ area onl$ in the 1>th centur$.
"heir con1erts were the (alagans o+ the
"agakaolo group Eka0agan means initiator
in tagakaoloF. @ut o+ more than thirt$
settlements in the 1A0s aroun# the gul+
area% at least ele1en were purel$ *uslim
an# nine more were mi4e# with others
Ethree with -0laan% +our with *an#a$a%
an# two with -agoboF. "hese were sprea#
out along the coastal stretch +orm *a$o
-a$ in the east coast% roughl$ where *ati
is% westwar# along the coast o+ =a1ao
2ul+% an# southwar# to Sarangani in
=a1ao #el Sur. "he non-*uslims were% on
the whole% #eci#e#l$ more numerous% "he
*uslims collecte# tributes +rom the
*an#a$a as +ar as 7aragaS controlle# the
Samals o+ Samal )slan# who were o+
mi4e# *an#a$a an# possibl$ Sama
ancestr$ but not *uslims% an# were
continuall$ at war with the -0laan%
*anobo% .ta an# "agakaolo. )t was +rom
this last tribe% inci#entall$% that the
(alagan *uslims came +rom.

,ortions o+ the ,ro1inces o+ South
7otabato% Sultan (u#arat an# ?orth
7otabato were without #oubt encompasse#
within the *aguin#anao sultanate. We sa$
portions because the remain#er were
occupie# b$ the "0boli% Gbo% *anobo%
-0laan% -agobo% an# "irura$% an# we
cannot tell to what e4tent the$ were
#ominate# b$ the 1arious #atus o+ the
sultanate. )t woul# help to point out here
that the *aguin#anao% "irura$ an#
*anobo #o recogni5e a common ancestr$
in the brothers "abunawa$ an# *amalu.
.n# although there were instances in the
.merican perio# when the$ Dointl$ +ought
the .mericans% *anobo an# "irura$
+olklore are unmistakable in naming the
*uslims as their tra#itional enem$.

<anao ?orte poses /uite a bit o+ problem.
"he towns along the bor#er with <anao
#el Sur are pre#ominantl$ *uslim an#%
presumabl$% there were be+ore the present
centur$S the coastal towns% )ligan in
particular% ha1e been occupie# b$
-isa$an-speaking inhabitants we ha1e
re+erre# to earlierS the ;igaunon presentl$
occup$ing the baranga$ towar#s the
-uki#non bor#er claim that the$ originall$
inhabite#% too% the coastal portions o+
)ligan% among others. &urthermore%
*aranao tra#ition has it that *aranao
ancestral territor$ e4ten#e# eastwar# as +ar
as "agoloan in *isamis @riental. @ne
possible point o+ reconciliation is in the
stor$ o+ common ancestr$ among the
*aranao an# ;igaunon. "he rest is mist$.

"he area o+ the two Iamboangas an#
Iamboanga 7it$% too% pro1i#es a pu55le.
Samboangan in "ausug or Sama is a wor#
that means 8place o+ +lowers9. -ut
territoriall$ speaking% #oes it mean the
entire peninsula or merel$ the present site
o+ Iamboanga 7it$: .t least one "ausug
scholar has speci+icall$ state# that the Sulu
sultanate inclu#e# onl$ the southern tip o+
the peninsula. .si#e +rom the actual
occupation b$ the (alibugan or those o+
the Subanun tribe who were )slami5e#% to
what e4tent #i# the Subanun +eel the Sulu
sultanate0s #ominance: <ikewise% to what
e4tent #i# these same people e4perience
the authorit$ o+ the *aguin#anao
sultanate: "he answers are not clear% but it
woul# help to note that the Subanun o+
<apu$an% Iamboanga #el Sur at least%
acknowle#ge a share# ancestr$ with other
tribes. 2umabon-gabon% the$ sa$% was the
ancestor o+ the SubanunS *ili-rili# o+ the
"irura$S -umalan#an o+ the *aranawS an#
"abunawa$ o+ the *aguin#anao. "hese
+our were brothers. -ut their tra#ition also
mentions *uslims as ol# time enemies.

,alawan% +orm the 1er$ start% has been
inhabite# b$ the -atak% "agbanua% *olbog
an# ,alawani. We nee# not mention the
others who occup$ the northern portion.
"he *uslims ha1e alwa$s li1e# in the
southern coasts correspon#ing to the
general area o+ .borlan southwar# to
-alabac. 7hristian &ilipino settlers #i# not
come in large numbers until a+ter the
Secon# Worl# War.

7o1ering the pro1inces o+ *aguin#anao%
<anao #el Sur% -asilan% Sulu an# "awi-
"awi% the +irst categor$ can easil$ an#
in#isputabl$ be i#enti+ie# as the ancestral
#omain o+ *uslims belonging to the
1arious tribes o+ the *aguin#anao% )ranun%
*aranao% Makan% "ausug% Sama% 'ama
*apun an# -a#Dao. .ll the +un#amental
re/uirements are present: prior an#
uninterrupte# occupation% an#
encompasse# with in an$ one o+ the
1arious sultanates that emerge# in histor$.
"he onl$ possible problem areas are the
towns o+ =inaig% Gpi an# South Gpi in the
pro1ince o+ *aguin#anao% where the
greatest concentrantion o+ "irura$ ha1e
li1e# since time immemorial. "he$ o+
course share a common ancestr$ with the
neighboring *aguin#anao with brothers
"abunawa$ an# *amalu.

&urther% some ele1en towns in other
pro1inces must also be inclu#e# in this
categor$% namel$% ,ikit in ?orth 7otabatoS
-alo-)% ,antao-6agat% "angkal% ?unungan%
*atungao% *unai an# "agoloan in <anao
#el ?orteS Sibuco an# Sirawa$ in
Iamboanga #el ?orte% an# -alabac in
,alawan. *uslims pre#ominate in hese
towns an# the$% too% were encompasse# in
an$ one o+ the 1arious sultanates.

Whose ancestral #omain% there+ore% is
*in#anao% Sulu an# ,alawan: "here are
generall$ three main groups o+ people who
can make the claim on the basis o+ the
$ar#stick we ha1e outline# earlier. "hese
are the 13 )slami5e# ethno linguistic
communitiesS the more than 20 <uma#non
tribes who ha1e been classi+ie# as cultural
communities b$ the go1ernment% an# those
-isa$an-speaking <uma#non inhabitants
o+ northern an# eastern *in#anao who
ha1e been assimilate# into the maDorit$
culture.
9+at N"2 .appen& t" 7+ri&tian
3i!ipin" Sett!er&=

?umbering se1eral million% these
7hristian &ilipino settlers enDo$ the
numerical maDorit$ in most pro1inces o+
*in#anao an# ,alawan. *ost o+ them
came in the 20th centur$. ,articularl$ a+ter
the Secon# Worl# War. ?ormall$% these
people Dusti+$ their claims to lan# with
statements like: the$ bought their lan#s
+rom the nati1es o+ the areaS there were no
actual occupants in the lan#s the$ applie#
+orS it was the go1ernment which grante#
them their homestea#sS it was the
go1ernment that issue# them their licenses
to concessionsS it was the go1ernment that
ga1e them leasehol# rights.
)n other wor#s the$ are all leaning on the
legitimac$ o+ the state's authorit$ to
#ispose o+ public lan#sS on the legitimac$
o+ the state's claim to ancestral #omain as
state #omain. .n# +or this reason an# as
&ilipinos who mo1e# into ,hilippine
lan#s% the$ #o not see themsel1es as alien
in *in#anao% Sulu an# ,alawan. "he most
that can be sai# at this point is that the$
ha1e proprietar$% not ancestral rights o1er
the lan#s the$ occup$. .pparentl$%
7hairman ?ur *isuari recogni5es this
when he ga1e the assurance that propert$
rights o+ bona +i#e resi#ents in the -angsa
*oro homelan# will be guarantee#.
)t is a matter o+ utmost importance that the
basis o+ the ,hilippine claim to *in#anao%
Sulu an# ,alawan as state #omain be clari-
+ie#.
9+at i& t+e ?a&i& "0 t+e P+i!ippine
7!aim t" Mindana", Su!u and Pa!a2an
a& State $"main=
?othing but the ob1iousl$ acknowle#ge#
legitimac$ o+ the trans+er o+ suppose#
Spanish possession to the .mericans b$
the "reat$ o+ ,aris an# the +urther trans+er
o+ the same b$ the .mericans to the 6e-
public o+ the ,hilippines. "his is an
e4ercise o+ the 6egalian #octrine% plain
an# simple.
What is the 6egalian #octrine:
When *agellan plante# the cross o+
7hristianit$ at <imasawa% the act also
s$mboli5e# his taking possession o+ the
entire archipelago in the name o+ the king
o+ Spain% .n# b$ 1irtue o+ this possession%
lan#s were #istribute# in the beginning as
encomien#as% then later% laws were passe#
re/uiring lan#owners to #ocument or ha1e
a title to their ownership. 6o$al possession
or state possession inclu#e# the sole
authorit$ to #ispose o+ the lan# to its
citi5ens.
"his ma$ be well +or portions o+ the
archipelago which in#isputabl$ +ell within
the #irect control o+ Spanish colonialism.
-ut we are all aware b$ this time that there
were territories within the archipelago%
chie+ among them were the lan#s o+ the
sultanates an# the )gorots an# those
inhabitants o+ the interior% which enDo$e#
+ree#om% although beleaguere#% +rom
colonial subDection. So that in the cession
o+ the entire archipelago in the "reat$ o+
,aris. "he Spaniar#s were #isposing o+
lan#s which ne1er became their possession
an# the .mericans were pa$ing 20 million
#ollars +or lan#s which the$ thought were
owne# b$ Spain at the time o+ the "reat$.
"here was alrea#$ a +ree though newl$
born 6epublic o+ the ,hilippines% there
were the +ree *uslim sultanates% all +i1e o+
them% an# those o+ others which ne1er +ell
within Spanish so1ereignt$.
)t is true that the entire ,hilippine
archipelago an# all the peoples% o+ the
same territor$ were con/uere# b$ the
.mericans% which is another stor$. -ut +or
the 6epublic o+ the ,hilippines to accept
the trans+er o+ possessor$ rights +rom the
.mericans in complete #isregar# o+ the
historical realities be+ore them is to sustain
the legitimac$ o+ the regalian #octrine an#
uphol# colonialism. Worse% this has been
enshrine# in the 7onstitutions o+ 1>3K%
1>3 an# 1>A6. 2rante# that the G.S.
pre1aile# upon the &ilipino lea#ers% which
is an incontro1ertible an# still continuing
realit$. "he ,hilippine go1ernment o+ the
present can at least go through the motions
o+ in#igeni5ing its legal s$stem%
particularl$ that aspect which concerns
lan# laws.
C1en the grant o+ autonom$ to 3*uslim
*in#anao3 an# in the 7or#illera ha# to be
s/uee5e# out o+ the 7onstitutional
7ommission. .n# the pro1isions that
emerge# #o not /uite re+lect an in-#epth
stu#$ o+ historical realities.
&inall$% it shoul# be pointe# out that the
regalian #octrine as presentl$ practice# b$
the ,hilippine go1ernment in#icates little%
i+ an$% recognition o+ the legitimac$ o+ the
ancestral lan# claims o+ the <uma#non an#
the *oro people.
9+at Mu&t 9e $" N"2=
"he contra#iction between the ,hilippine
go1ernment claim to state #omain an# the
claim to ancestral #omain o+ the
<uma#non an# the *oro people has not
onl$ remaine# ali1eS it has in +act inten-
si+ie# within the oppressi1e con#itions o+
the *aros #ictatorship. &ueling the
intensi+ication were the in+rastructure
proDects running rough she# o1er the rights
o+ the peopleS the 7hico #am proDect% the
h$#ro-electric constructions at .gus in
<anao% at ,ulangi in -uki#non an# at
"'boli in South 7otabato. *ost
earthshaking in magnitu#e was the
struggle +or sel+-#etermination launche#
b$ the *?<&.
"hose who ha1e been labelle# o++iciall$ as
cultural minorities ha1e awakene# an# are
no longer un/uestioning recipients o+ their
oppresse# an# e4ploite# status. "he
*?<& has bannere# the -angsa *oro
political i#entit$S there are in#ications that
<uma# nationalit$ is +ast taking shapeS
more an# more 7hristian &ilipinos o+
#i++ering political persuasions ha1e come
to accept an# a#1ocate state recognition o+
the right to sel+-#etermination o+ the
-angsa *oro an# the <uma#non% along
with the recognition o+ their ancestral
lan#s claim.
*ore an# more people are /uestioning the
colonial +oun#ations o+ the ,hilippine
state. "he$ ha1e come to reali5e that the
present problems con+ronting *in#anao%
Sulu an# ,alawan are roote# in
colonialism% an# the perpetuation o+ the
colonial or#er. )t is not a simple case o+
colonial mentalit$. )t runs in the 1eins o+
our entire legal s$stemS it is +oun# in the
G.S. ma#e #emocrac$ that we are using% it
is enshrine# in the +un#amental law o+ the
lan#. "he subtlet$ with which the +orces o+
colonialism a++ect us is itsel+ ser1ing as
the blin#er that hoo#winks us +rom
percei1ing our own mistakes% an# +rom
recogni5ing the +un#amental rights to sel+-
#etermination o+ our brothers *oro an#
<uma#non.
*ost o+ us presumabl$ belie1e in the
sanctit$ o+ #emocrac$% in 3maDorit$ rule.3
-ut when applie# in#isciminatel$ to
*in#anao% Sulu an# ,alawan% in complete
#isregar# o+ historical realities% this can
easil$ be translate# into the 3rule o+ the
might$3 or the 3#emocrac$ o+
colonialism.3 &or instance% the
go1ernment is aware o+ the pre#ominance
o+ 7hristian &ilipinos in most pro1inces o+
*in#anao an# ,alawan. .n# now it insists
on submitting the issue o+ *uslim auto-
nom$ to a re+eren#um. So% what happens
ne4t: "he +un#amental right o+ the *oro
people to sel+-#etermination is being
subDecte# to what is euphemisticall$
#escribe# as '''#emocratic processes3 but
which% in e++ect% is #esigne# to make a
mocker$ o+ this 1er$ right.
What #o we #o now: *oros% <uma#non
an# 7hristian &ilipinos are presentl$
boun# to the same lan# o+ *in#anao% Sulu
an# ,alawan as a result o+ colonial #esignS
the$ are boun# b$ common interests o+
sur1i1al but set apart b$ #eep-roote#
contra#ictions not o+ their own making.
=o we want war: @r peace: War is so
eas$ to make but e4tremel$ costl$.
) woul# like to suggest a wa$ to peace.
San#ugo was use# b$ *agellan to enter
into an# cause the Spanish possession o+
our lan#s. We can use it again to bring
peace to oursel1es.
)n our tra#ition% san#ugo s$mboli5es
mutual acceptance b$ the parties in1ol1e#
o+ each other as bloo# brothersS it is an
oath not to oppress or e4ploit one anotherS
it is a commitment o+ mutual help. -ut
precee#ing the actual ritual are protracte#
#iscussions to #etermine matters o+ mutual
concern% to arri1e at a mutual
un#erstan#ing.
PHILIPPINES' CLAIM
84 SA?A.
. maDorit$ o+ &ilipinos e1er$where are won#ering what is this Sabah claim
is all about. "he ,hilippine histor$ books% *ala$sian's probabl$ too%
ha1e not mentione# about the ,hilippines' stake on the northern part
o+ the islan# o+ -orneo. @n the other han#% the *ala$sians ma$be
+urious that there are a lot o+ attention now being +ocuse# to that
part o+ the *ala$sian +e#eration to which the$ belie1e was theirs
since the -ritish han#e# the territor$ in 1>63.
What we are tr$ing here is to bring an insight to this #ispute base# on
our researche# o+ the 1arious +acts Eor allegationsF regar#ing this subDect.
.s &ilipino .mericans% our main concern in bringing about this article is to
tell that part o+ the histor$ o+ the ,hilippines.
W;C6C )S S.-.;:
Sabah%is the northern part o+ -orneo. )t is bor#ere# b$ Sarawak on its
southwestern si#e% an# (alimantan E)n#onesian -orneoF to the south.
Sabah has a coastline o+ appro4imatel$ A00 to >00 miles an# with the
South 7hina Sea in the west an# north% the Sulu Sea in the northeast
an# the 7elebes Sea in the east. Sabah's total lan# area is 6%11K s/ km
E2>%3AA s/ milesF. Sabah's population is about 2.K million. )t is 1%>61 km
+rom ;ong (ong% 1%1!3 km +rom *anila% 1%!>K km +rom Singapore% 1%6A km
+rom (uala <umpur an# 2%2>1 km +rom "aipei - note that it is nearer to
*anila than *ala$sia's capital o+ (uala <umpur.
?orth -orneo is much un#e1elope# an# 1er$ rich in natural resources.
@ne o+ the wealthiest oil pro#ucing countries is locate# in same islan#
o+ -orneo% the tin$ Sultanate o+ -runei.
<earn more about Sabah through the links below.
";C <C.SC S".6"C= )" .<<
"he Sultanate o+ Sulu was grante# the territor$ as a pri5e +or helping
the Sultan o+ -runei against his enemies an# +rom then on that part o+
-orneo is recogni5e# as part o+ the Sultan o+ Sulu's so1ereignt$. )n 1AA%
-aron Hon @1erbeck% an .ustrian partner representing "he -ritish ?orth -orneo
7o. an# his partner -ritish .l+re# =ent% lease# the territor$ known as 3Sabah3
- roughl$ translate# as 3the lan# beneath the win#s3. )n return the compan$
will pro1i#e arms to the Sultan to resist the spaniar#s an# K%000 *ala$sian
ringgits annual rental base# on the *e4ican #ollars 1alue at that time or
its e/ui1alent in gol#. "his lease ha1e been continue# until the in#epen#ence
an# +ormation o+ the *ala$sian +e#eration in 1>63 together with Singapore%
Sarawak an# *ala$sia. Gp to these #a$s% the *ala$sians ha1e been continuing
the rental pa$ment o+ K%300 *ala$sian ringgits - a 300 ringgits increase# +rom
original rent.
)n 1>62 #uring the ,res. =ios#a#o *acapagal's a#ministration Ethe +ather
o+ the present presi#ent% 2lorio .rro$oF% the ,hilippines +ormall$ claime#
Sabah base# on the Sultanate o+ Sulu heirs' claim on the territor$. "he
,hilippines broke #iplomatic relations with *ala$sia a+ter the +e#eration
ha1e inclu#e# 3Sabah3. "he sultan's heirs ha1e gi1en the ,hilippine go1ernment
the authorit$ to pursue the claim legall$ in international courts. ;owe1er% the
succee#ing a#ministrations ha1e either ha1e ignore# or set asi#e the claim +or
peace+ul co-e4istent an# tra#e relation with the *ala$sians.
@ne signi+icant inci#ent in1ol1ing then ,resi#ent *arcos ha1e brie+l$ brought
into limelight the Sabah claim once more. )n 1>2% the *arcos go1ernment ha1e
been training secretl$ a group o+ *uslim &ilipinos in 7orregi#or% an islan#
o++ *anila -a$% +or possible intrusion in Sabah to pa1e the wa$ to an arme#
secession o+ Sabah +rom *ala$sia. -ut upon knowing o+ the plans% the recruits
ha1e mutinie# an# were eliminate# e4cept +or one that swam the ba$ an# was
rescue#. "he newspapers ha1e calle# this inci#ent% the 3'abi#ah *assacre3
name# a+ter the operation that was gi1en b$ the militar$. "he sur1i1or #i1ulge#
the plan an# the claim was put in back burner once more. )t was belie1e that
because o+ the inci#ent% the *ala$sians ha1e been ai#ing the *uslim separatists
against the ,hilippine go1ernment. Some people sa$s this #istracte# the attention
to the claim on Sabah as the go1ernment was embroile# in containing the con+lict.
<C2.< 7<.)* -.S)S
"he claim was base# on se1eral historical +acts an# court Du#gement.
"he lease agreement is #e+initel$ a proo+ otherwise there will be no basis +or an$
agreement i+ such ownership was not establishe# at all. "he contract was between Sri
,a#uka *aulana .l Sultan *ohamma# 'amalul .lam - representing the sultanate as owner
an# so1ereign o+ Sabah on one han#% an# that o+ 2usta1us -aron #e @1erbeck an# .l+re#
=ent% representing the -ritish Cast )n#ia 7o. Ethen became the ?orth -orneo 7o.F% on
the other as lessee o+ Sabah% was e4ecute# on 'une 22% 1AA. "hough the -ritish turne#
o1er the possession an# go1ernment o+ Sabah to the +e#eration% the *ala$sians ha1e not
remisse# in pa$ing the annual rental.
"he 1>3> court Du#gement on the claim ha# han#e# ownership o+ ?orth -orneo to the heirs
o+ the Sultanate prior to the +ormation o+ *ala$sian +e#eration in 1>63. "he Du#gment
o+ 7hie+ 'ustice 7.&.7. *akaskie o+ the ;igh 7ourt o+ ?orth -orneo in the ci1il suit
+ile# b$ the late =a$ang =a$ang ;a#Di ,ian#ao an# eight other heirs o+ the Sultan o+
Sulu% inclu#ing the +amous ,utlih E,rincessF "arhata (iram% uphel# the 1ali#it$ o+ the
claim o+ the heirs.
-eing a -ritish colon$ #i# the$ +a1ore# the *ala$sians than returning the lease#
territor$ to its right+ul owners as per 1>3> court Du#gement: =i# the -ritish in+luence#
the outcome o+ their sponsore# 1>62 plebiscite to which won b$ those who wante# to
Doin the *ala$sian +e#eration than be an in#epen#ent state. @ne also has to speculate
as to wh$ #i# the -ritish respecte# a similar treat$ with 7hina b$ returning ;ong (ong
instea# o+ con#ucting a plebiscite Dust like the one con#ucte# in Sabah in 1>62% is
the ,hilippines a weak nation that can be ignore#: "hese are some /uestions that nee#
to be a##resse# b$ those who ha1e the man#ate to pursue the ,hilippine claim.
"he *ala$sian argument be+ore the )nternational 7ourt E"he ;agueF is in the link below.
"his is base# on the islan#s #ispute# between )n#onesia an# *ala$sia wherein the
,hilippines is tr$ing to inter1ene.
S@ W;M ";C 6CH)H.< @& ";C 7<.)* ?@W:
)n the last +ew months the *ala$sian authorities ha1e been #eporting% we are not sure
i+ this is the right term +or this action knowing the e4istence o+ legal claim to ?orth
-orneo% thousan#s o+ &ilipinos +rom Sabah +or being illegals an# +or lack o+ necessar$
#ocuments. "here are allegations o+ inhuman treatments an# rapes b$ *ala$sian authorities
which are currentl$ being in1estigate# b$ both go1ernments. )t is also goo# to point out
that illegal )n#onesians are likewise being sent home through (alimantan E-orneo part
o+ )n#onesiaF. -oth the ,hilippine an# the )n#onesian go1ernments ha1e proteste# the
mass #eportation an# ha1e in#ignation rallies against the *ala$sian action.
Since the time memorial the numerous ethnic tribes in the southern ,hilippines notabl$
the "ausugs an# -a#Daos ha1e been tra1ersing the 7elebes Sea +rom Sulu to -orneo an#
other parts o+ )n#onesia. "hese tribes are sea +aring people an# settle# +rom an$where
aroun# the region. "o curtail these mo1ements% the *ala$sians ha1e #eci#e# to #eman#
#ocument +rom the &ilipinos in Sabah. Gn#ocumente# &ilipinos were #eporte# an# coul#
onl$ be a#mitte# back when there are necessar$ papers presente#. "his situation is
e4tremel$ har# speciall$ to those who ha1e +le# the secessionist war #uring the se1enties
an# eighties as the$ are re+ugees an# #o not ha1e an$ tra1el #ocuments. "hese *uslim
&ilipinos ha1e consi#ere# Sabah as part o+ their #omain as their ancestors ha1e been
#oing centuries ago. "hat part o+ southeast asia is boun# b$ common religion% histor$
an# people.
?@W W;.":
.s per o++icial ,hilippine go1ernment stan#% the ,hilippines will continue legal action
through the international courts an# also b$ bringing this claim again to the attention
o+ the *ala$sian go1ernment. @ne o+ the imme#iate obDecti1es is to ha1e the rent increase# to
what is a more realistic amount while a claim is still being #ispute#.
"here are apprehensions% as some /uarters are claiming% that nothing will come out o+ this
re1i1e# interest in the Sabah claim% the$ are sa$ing that the ,hilippine go1ernment o++icials
as in the past can be bribe# to lose interest in the claim - there is no concrete e1i#ence to
this e++ect. "he *ala$sians are hoping that it will #ie a natural #eath +or lack o+ will on
the ,hilippine claimants to pursue +urther the claim o1er the $ears. "he longer the #ispute
is settle#% the har#er Eor ma$be lesserF +or the claimants to get an$ settlement.
Will the heirs get a Dust settlement in +orm o+ monetar$ compensation: "he heirs ha# been
o++ere# mone$ be+ore b$ the *ala$sians an# ha1e reDecte# the i#ea. Will the settlement comes
with some portion o+ the #ispute# lan# +or #isplace# &ilipino muslims in Sabah: )n an$ issue
in1ol1ing propert$ #ispute% possession is e1er$thing.
Will the .rro$o a#ministration be transparent in negotiations with the *ahathir go1ernment
or some kin# o+ a #eal will be struck without consultations with the other parties in1ol1e#:
We will see what will transpire in the +uture.
http://www.epilipinas.com/sabahclaim.htm