University of Perpetual Help System-DALTA College of Law FOREWORD Philippines maintains a dormant claim over the sovereignty of eastern Sabah based on the claim that in 1658 the Sultan of Brunei had ceded the northeast portion of Borneo to the Sultan of Sulu; and that later in 1878, an agreement was signed by the Sultan of Sulu granting the North Borneo Chartered Company a permanent lease over the territory. Malaysia considered this dispute as a "non-issue", as there is no desire from the actual people of Sabah to be part of the Philippines or of the Sultanate of Sulu. As reported by the Secretary- General of the United Nations, the independence of North Borneo was brought about as the result of the expressed wish of the majority of the people of the territory in a 1963 election. This research will determine whether or not Philippines have proprietary rights over Sabah. Jennylyn B. Albano UPHSD- College of Law 1 | P a g e INTRODUCTION This research will focus on the History of Sabah and determination of whether who really owns it. As we all know even before our ancestors are already fighting for our right over this state however, up until now dispute is still on going. Sabah is one of the 13 member states of Malaysia, and is its easternmost state. It is located on the northern portion of the island of Borneo. It is the second largest state in the country after Sarawak, which it borders on its southwest. It also shares a border with the province of East Kalimantan of Indonesia in the south. The capital of Sabah is Kota Kinabalu, formerly known as Jesselton. Sabah is often referred to as "The Land Below The Wind", a phrase used by seafarers in the past to describe lands south of the typhoon belt. Philippines maintains a dormant claim over the sovereignty of eastern Sabah based on the claim that in 1658 the Sultan of Brunei had ceded the northeast portion of Borneo to the Sultan of Sulu; and that later in 1878, an agreement was signed by the Sultan of Sulu 2 | P a g e granting the North Borneo Chartered Company a permanent lease over the territory. Malaysia considered this dispute as a "non-issue", as there is no desire from the actual people of Sabah to be part of the Philippines or of the Sultanate of Sulu. As reported by the Secretary- General of the United Nations, the independence of North Borneo was brought about as the result of the expressed wish of the majority of the people of the territory in a 1963 election. FINDINGS AND ANALYSIS The history of Sabah can be traced back to about 20,000– 30,000 years ago when evidence suggests the earliest human settlement in the region existed. The history is interwoven with the history of Brunei and the history of Malaysia, to which Sabah was previously part of and is currently part of respectively. The earliest recorded history of Sabah being part of any organised civilisation began in the early 16th century during the thriving era of the Sultanate of Brunei. Prior to this, early inhabitants of the land lived in predominantly tribal societies, although such tribal societies had 3 | P a g e continued to exist until the 1900s. The eastern part of Sabah was ceded to the Sultan of Sulu by the Sultan of Brunei in 1658 for the former helping a victory over Brunei enemies. By the late 19th century, both territories previously owned by Sultan of Brunei and Sultan of Sulu was granted to British syndicate. Sabah became a protectorate of the United Kingdom in 1888 and subsequently became a crown colony until 1963, during which time it was known as North Borneo. On September 16, 1963, Sabah merged with Malaya, Sarawak and Singapore (left in 1965) to form the Federation of Malaysia. Prehistoric Sabah During the Last Glacial Maximum about 20,000 years ago, Sabah and the rest of Borneo island was connected to mainland Asia in a landmass known as the Sundaland. Subsequent deglaciation, which caused global sea level to rise, resulted in the Sundaland being submerged, separating Borneo from the rest of Asia. Earliest human settlement in the region is believed to have dated back about 20,000–30,000 years ago. These early humans are 4 | P a g e believed to be Australoid or Negrito people. Stone tools and artifacts have been found in Madai and Baturong caves and in the archeological site in Lake Tingkayu near the district of Kunak which were estimated to date back from 28,000–17,000 years ago. The tools found there were considered advanced for its period.[2] There was evidence of human cave-dwellings around 15,000–6,000 years ago. An ongoing 2012 study by Universiti Sains Malaysia and Sabah Museum revealed the discovery of stone tools in Mansuli Valley nearLahad Datu believed to be 235,000 years old and in another site in Kampung Lipasu, Bingkor believed to be at least 200,000 years old.[4] These recent findings suggests that human settlement in Sabah and Malaysia have existed much earlier than previously thought, which is about 40,000 years ago in Niah Caves, Sarawak. The earliest ascertained wave of human migration, believed to be Austronesian Mongoloids, occurred around 3000 BC. This wave of migration is believed to represent the time when the indigenous hill people of present day Sabah had first arrived, namely the Murut and 5 | P a g e the Kadazan-Dusun, while Brunei Malays settlement appeared somewhat later.It is believed that some Australoid or Negrito people have interbred with later Mongoloid migrants and remained in Borneo, while others have migrated to other places such as Melanesia, the Lesser Sunda Islands or Australia. The theory that Austronesians in Southeast Asia arrived from China through Taiwan has been challenged by Stephen Oppenheimer who suggested that many cultures including the people of China and India might have actually originated from Sundaland. A new finding based on DNA research in 2008 supported Oppenheimer's theory that migration flow might have been radiated out from Sundaland sometime around 15,000 to 7,000 years ago following the submergence of Sundaland due to rise in sea level. The findings of Stephen Oppenheimer was doubted. The poor cultures of sunderland do not support his theory that the people of China and India might have actually originated from Sundaland. It was the Austronesians in Southeast Asia arrived from China through Taiwan. As for the case of Sabah, the Dusun or the Muruts cultures are less than 200 years old. 6 | P a g e Pre-16th century Prior to the expansion of the Sultanate of Brunei most of the coastal region of Borneo has been either ruled or claimed as part of various Hindu communities or kingdoms from around Southeast Asia. However it is uncertain whether the influence of these kingdoms had ever reached the coasts of present-day Sabah. During the 7th century CE, a settled community known as Vijayapura, a tributary to the Srivijaya empire, was thought to have been the earliest beneficiary to the Bruneian Empire existing around the northeast coast of Borneo. Another kingdom which was suspected to have existed according to Chinese records beginning the 9th century was P'o-ni. It was believed that Po-ni existed at the mouth of Brunei River and was the predecessor to the Sultanate of Brunei. The Brunei Annals in 1410 mentioned about a Chinese settlement or province centering in the Kinabatangan Valley in the east coast surrounding Kinabatangan River founded by a man known as Huang Senping. This is consistent with the recent discovery of 7 | P a g e timbercoffins in the Agop Batu Tulug cave in the Kinabatangan Valley. The coffins, adorned with carvings believed to resemble similar cultural practices in China and Vietnam, are believed to date back from around 700 to 1,000 years ago (11th to 14th century). From the 14th to the 16th century, the Majapahit empire expanded its influence towards Brunei and most of the coastal region of Borneo. Sometime around the late 15th to 18th century, the seafaring Bajau-Suluk people arrived from the Sulu archipelago and had settled on the coasts of Sabah. It is believed that they were fleeing from the oppression of the Spanish colonist in that region. Sultanate of Brunei The Sultanate of Brunei began after the ruler of Brunei embraced Islam. Some sources indicate that this had occurred around 1365 CE after the ruler, Awang Alak Betatar, converted into Islam and became known as Muhammad Shah. Other sources suggests that the conversion occurred much later around 1514 to 1521 CE, albeit, under the same person. During the same period, trade relations flourished, and intermarriages among the natives and 8 | P a g e Chinese, Japanese, Arab, and Hindu peoples became commonplace. The intermixing of blood resulted in a distinct breed of Palaweños, both in physical stature and features. During the reign of the fifth sultan known as Bolkiah between 1485–1524, the Sultanate's thalassocracy extended over Sabah, Sulu Archipelago and Manila in the north, and Sarawak until Banjarmasin in the south. This was during the period when the Sultanate was in its 'golden era'. In 1658, the Sultan of Brunei ceded the northern and eastern portion of Borneo to the Sultan of Sulu in compensation for the latter's help in settling the Brunei Civil War in the Brunei Sultanate. The Sultan of Brunei continued to loosely govern the west coast of Sabah. Many Brunei Malays migrated to this region during this period, although the migration has begun as early as the 15th century after the Brunei conquest of the territory.