Datuk Seri Panglima Dr Jeffrey G. Kitingan
KOTA KINABALU (Aug 27): Parti Solidariti Tanah Airku (STAR) president Datuk Seri Panglima Dr Jeffrey Kitingan has slammed Philippine Senator Robin Padilla’s call for the country to “revive” its claim over Sabah.
Padilla had called on President Ferdinand Marcos Jr to make the move because Sabah’s oil and gas resources could be a solution to the country’s energy crisis.
“Let me state, in the clearest possible terms, that these statements are utterly nonsensical, baseless, and devoid of any legal or historical merit,” said Dr Jeffrey, who is also Keningau MP, in a statement.
He said Padilla’s comments were nothing more than a desperate attempt to divert attention from the Philippines’ internal problems through irresponsible political grandstanding.
“As our Foreign Minister rightly observed, such statements are made by individuals and do not reflect the official stance of the Philippine government.
“This is a recurring political tactic, often surfacing ahead of elections in the Philippines. The people of Sabah must not be swayed by such provocations,” he said.
According to him, the foundation of the Philippines’ claim rests on a fundamental misrepresentation of the 1878 Agreement.
He said that on Jan 22, 1878, Sultan Mohammad Jamalul Ahlam Kiram of Sulu executed an agreement granting territories in North Borneo to Gustavus Baron de Overbeck and Alfred Dent.
“The document explicitly states that the territories were leased ‘forever and until the end of time’ — a perpetual lease that transferred full governing rights,” he stated.
He added that any alleged ambiguity in the 1878 agreement was definitively resolved in 1903 when on Aprill 22, Sultan Jamalul Kiram II signed a document entitled ‘Confirmation by Sultan of Sulu of Cession of Certain Islands’.
The document states: “WE, the Sultan of Sulu, state with truth and clearness that we have ceded to the Government of British North Borneo of our own pleasure all the islands that are near the territory of North Borneo.”
According to Jeffrey, the 1903 Deed explicitly references the 1878 Agreement and confirms that “it was known and understood between the two parties that the islands were included in the cession of the districts and islands mentioned in the above-stated Agreement”.
“The annual payment was characterised as cession money—not rent. In 1939, British Chief Justice CFC Macaskie of the North Borneo High Court ruled that the Grant of 1878 was a cession or sale, and that the money to be paid to the heirs was cession money with no bearing on territorial property,” he explained.
He also mentioned that Sabah obtained independence from the British Colonial rule on Aug 31, 1963.
“On this day, Sabah was born as a nation-state, complete with its own flag, national anthem (Sabah Tanah Airku), and constitution. The British colonial administration granted Sabah self-government status on that date—a fact widely publicised in the printed media of the time.
“For sixteen full days—from 31 August to 15 September 1963—Sabah existed as an independent nation. On 16 September 1963, Sabah, together with Malaya, Sarawak, and Singapore, formed the Federation of Malaysia. Malaysia did not exist before 16 September 1963,” he stressed.
He also said the matter is not one of interpretation but is established fact.
“The Malaysian government’s own official publication confirms: ‘31 August 1963 – Sabah (North Borneo) obtained its independence. 16 September 1963 – Tunku Abdul Rahman Al-Haj declared the formation of Malaysia.’
“Sabah did not ‘join’ an existing country; it formed Malaysia as an equal founding member. Sabah’s sovereignty is original and pre-dates Malaysia’s existence,” he added.
Jeffrey pointed out multiple attempts to challenge Sabah’s sovereignty have been rejected by international legal systems.
“This includes attempts to initiate arbitration proceedings in Spain and challenges against decisions of the Paris Court of Appeal—all of which were dismissed. These consecutive legal defeats prove that all attempts to undermine Sabah’s sovereignty are futile and will continue to be turned down by international legal systems,” he said.
“Foreign Minister Datuk Seri Mohamad Hasan confirmed that Malaysia will send a diplomatic note to the Philippines to reject any renewed claims on Sabah. Significantly, Malaysia is sending a note rejecting the claim, not a note of objection, because the claim is unfounded.”
He called Padilla’s statements historically and legally bankrupt as well as irresponsible and dangerous.
“They threaten the peace and stability of our region for nothing more than cheap political gain. I call upon the Philippine government to distance itself from these reckless remarks and to respect the sovereignty and territorial integrity of Malaysia.
“Sabah is not, and will never be, a solution to the Philippines’ problems,” he added.