PRESERVATION OF SULU SULTANATE

Preservation of Sulu Sultanate History and Rights by DD Krishna D Kiram

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Cause of Issuance of the Macaskie Decision in 1939

As a foundation to generate comprehension on the matter, let us begin to know the political status of the Sultanate of Sulu after 1935. The United States Congress incorporated the Sultanate of Sulu, its 400 years plus political independence and territorial possessions into the Philippine Commonwealth. It was done without a US Congressional Act enacted or a Declaration issued to nullify the US Pledge to the Government of Sultan of Sulu under the 1915 Kiram-Carpenter Agreement, firstly, placed the Sultanate of Sulu under its Protectorate and Flag; and, secondly, assured the Sultan of Sulu full measure of protection should the question of North Borneo (Sabah) be raised in the future between him and any foreign authority.

During the great stride, while President Manuel L. Quezon was consolidating in aid of legislation the Sulu Sultanate's incorporation into the Philippine Commonwealth, on June 7, 1936, Sultan Jamalul Kiram II passed away childless by natural death. Without consulting the last American Governor-General F.B. Harrison on the modus operandi of the 1915 Kiram-Carpenter, as matter of Foreign Affairs of the Commonwealth Government was still under the US control, President Quezon immediately issued a Memo Order, quote: His Government no longer recognized the successor of Sultan Jamalul Kiram II and announced the existence of the Sulu Sultanate already ended with the death of the afore-named Sultan, unquote.

Ever watchful of the political status and future political uncertainty of the Sultanate of Sulu in 1936, the British Consulate Office in Manila reported the Quezon Memo Order and likewise recommended to its Home Government in London TO STOP RENDERING the customary annual rental payment of North Borneo (Sabah) PAYABLE to the SULTAN OF SULU.

The British Government Act RE-ITERATING Quezon Memo Order, even re-iterated by the British panel during the 1962 London Talks which the Philippine panel repudiated it, IMPLIED CATEGORICALLY THAT SULTAN JAMALUL KIRAM II was the LAST SULTAN OF SULU RECOGNIZED by the BRITISH GOVERNMENT. All pertinent documents found in the Archive of Buckingham Palace, London, are in our family file

Meanwhile, A POWER GRAB HAPPENED after the lapse of 40-Day Mourning Period of the deceased Sultan. The incumbent DATU RAJA MUDA (CROWN PRINCE) MUWALLIL WASIT KIRAM, the deceased-Sultan’s YOUNGER BROTHER and FATHER of 31st Sultan Esmail Kiram 1 and 32nd Sultan Punjungan Kiram, WAS DEPRIVED OF HIS INHERENT RIGHTS embodied or stipulated under the 600 Years Old Protocol in Law and Order of Succession TO ASCEND TO THE THRONE AS THE 30th SULTAN OF SULU. The DISORDER impelled 30th Sultan Muwallil Wasit Kiram, who reigned and ruled the Kingdom for 6 months only, TO WRITE the BRITISH GOVERNOR in Sandakan, North Borneo, SAYING, quote: If time will not permit me to see you (referring to the British Governor), I HAVE TWO SONS, ESMAIL and PONJONGAN, TO SUCCEED ME, unquote.

The 1936 Power Grab WAS FORCEABLY TAKEN into the HAND of the APPOINTED FEMALE CARETAKER of the KINGDOM during the observance of Sultan Jamalul Kiram II's 40-Day Mournig Period TO INSTALL a HUSBAND as SULTAN OF SULU, in spite, KNOWINGLY, HER HUSBAND’S BLOODLINE WAS NOT TRACEABLE to the First SULTAN of SULU. The forceable PROCESS DEPRIVED ALSO then Datu Esmail Kiram and Datu Punjungan Kiram TO ASCEND and TO ASSUME their ROYAL POSITIONS from 1936 until 1957 as PRESCRIBED and DEFINED in the line of succession.

At the height of resolving the ISSUE OF POWER GRAB, a NOTICE for the NON-RENDERING of the ANNUAL RENTAL PAYMENT of North Borneo issued by the British Government was received by the NIECES and NEPHEWS of Sultan Jamalul Kiram II. This fell, 1stly, when the Sultanate of Sulu was already incorporated by the US into the Philippine Commonwealth in 1935; 2ndly, when the Sultan already became an ordinary citizen, which means his international person capable of asserting sovereign rights, power and authority was already emasculated; and 3rdly, when both the Philippine Commonwealth and the British Governments no longer recognized a successor of Sultan Jamalul Kiram II, and both declared in the particular premise, quote: with the death of the afore-named Sultan, the Sultanate of Sulu already ended, unquote.

The TWO NATIONS’ GOVERNMENT categorically implied THAT THERE WAS NO SULTAN RECOGNIZED BY ANY OF THEM ANYMORE. Prior also to these unprecedented times of the Sulu Sultanate, the US recognized in 1930 that North Borneo ALREADY FELL under the BRITISH PROTECTION. The US did it despite ITS PLEDGE under the 1915 Kiram-Carpenter Agreement AS MENTIONED in paragraph 1 (one) of this write-up. Again, the pertinent documents are in our family file.

Viewing the URGENCY of the MATTER which occurred during the Sulu Sultanate’s UNPRECEDENTED TIMES, Dayang Dayang Piandao Kiram, daughter of 28th Sultan Badar Uddin, together with then Datu Esmail Kiram 1, Datu Punjungan Kiram, Dayang Dayang Sitti Rada Kiram, Dayang Dayang Putlih Jahara Kiram, Dayang Dayang Sitti Mariam Kiram (royal children of 30th Sultan Muwallil Wasit Kiram), Princess Tarhata Kiram, Princess Sakinur-Inn (royal children of Datu Atik), and Mora Napsa (wife of Sultan Muwallil) was impelled to file a suit in behalf of 29th Sultan Jamalul Kiram II with the British Sessions Court of North Borneo in 1936.

The afore-named Heirs petitioned the British High Court that, quote: FIRSTLY, THEY BE RECOGNIZED AS HEIRS OF SULTAN JAMALUL KIRAM II; and, SECODNLY, BEING AN HEIR THEY ARE ENTITLED TO RECEIVE THE ANNUAL RENTAL PAYMENT PAYABLE TO THE SULTAN OF SULU AS STIPULATED IN THE 1878 LEASE CONTRACT, unquote

The Heirs Petition clearly and unequivocally categorized only the PREMISE of their RIGHTS as HEIRS of Sultan Jamalul Kiram II but DID NOT SPECIFICALLY MENTIONED ISSUES of PROPRIETARY. It did not also touch the nature of the 1878 Lease Agreement nor the Sulu Sultanate’s sovereign possession over North Borneo (Sabah).

After three years of litigation with different claimants presented themselves AS ALSO PETITIONERS, the BRITISH COURT presided by C.F.C. Macaskie promulgated A Decision APPOINTING DATU PUNJUNGAN KIRAM as ADMINISTRATOR of ESTATE TERRITORY of NORTH BORNEO (SABAH). The LEGAL PRONOUNCEMENT of SAID APPOINTMENT OF THEN DATU PUNJUNGAN KIRAM by the SAID COURT WAS HEARD and WITNESSED BY OTHER EIGHT (8) PRINCIPAL and RIGHTFUL HEIRS

The then Datu Punjungan Kiram DID NOT APPEAL or REQUEST FOR THE GRANT OF LETTERS OF ADMINISTRATION. Such Grant was a DECISION impartially PROMULGATED by the BRITISH HIGH COURT.

The two foregoing paragraphs, one that precedes and the other prior to it, HARMONIZED, firstly, the IMPLIED LEGAL DECISION of the BRITISH HIGH COURT of the APPOINTMENT of DATU PUNJUNGAN KIRAM as ADMINISTRATOR of ESTATE TERRITORY of NORTH BORNEO (SABAH); and, 2ndly, RECOGNIZED the AFORE-SAID PETITIONERS as the NINE (9) PRINCIPAL and RIGHTFUL HEIRS OF SULTAN JAMALUL KIRAM II.

The 1939 Macaskie Decision which proclaimed the BRITISH RECOGNITION of the proprietary ownerships of the 9 Heirs preserved their rights and ancestral patrimony in respect to North Borneo (Sabah) as representatives of the Bangsa Suluk/Sug People and likewise since the Government of the Philippines received already the 1962 Conditional Deeds of Transfer of Sovereignty Title of North Borneo (Sabah) and to which Great Britain unwarrantedly assumed title of sovereignty over the same in 1946.

IN BEHALF OF 35the SULTAN PHUGDALUN KIRAM II

and THE OTHER FOUR SURVIVING MALE SONS and DECSCENDANTS OF OTHER FIVE DECEASED-BROTHERS and the BANGSA SULUK/SUG LEADERS and RA-AYAT (CONSTITUENTS) Dayang Dayang Sitti Krishna Kiram (Idjirani) and Dayang Dayang Putlih Shieha Kiram (Julkipli) Royal Daughters of 32nd SULTAN PUNJUNGAN KIRAM

The duly APPOINTED ADMINISTRATOR of ESTATE TERRITORY of NORTH BORNEO (SABAH)

BY VIRTUE of the DECISION PROMULGATED by the BRITISH SESSIONS COURT OF NORTH BORNEO,

SANDAKAN, NORTH BORNEO, in 1939