Sunday, July 19, 2015

Essay on "The Different Theories of Society and Humankind" by: Therese Alcoseba


The Different Theories of Society and Humankind
By: Therese Alcoseba

Firstly, we have Plato. He is a famous Athenian well-known for his theory of “Ideal State”. He is an idealist thinker and thinks from an a priori perspective. For Plato, the State exists with the goal to lead individuals towards what he calls the “Good Life”. In Plato’s theory, men are not independent of one another, but need the aid and cooperation of others in the production of the necessities of life. Happiness must be achieved through what Plato calls “rational morality” wherein the happiness of man is rational, not happiness directed to by reason. Leaders (or philosophers) in Plato’s view have educated towards the good and happy life. According to Plato, there are 3 great classes: the Artisans (at the lowest layer which comprise the producers, craftsmen, farmers and artist that serve to promote the progress of economic welfare of the State), the Auxiliaries (the military class over the Artisans and are the defenders of the State to enforce peace and order), and the Guardians (rulers of the State who own no private property to not be tyrant and are philosophers who are morally upright and intellectually fit to achieve what is only best for the State). My thoughts on Plato’s theory are that his unique view of men and society are beautiful, especially when he mentioned the equality of both men and women. I agree how the State should achieve “the Good Life” for individuals in order to attain goodness and beauty of society. Then again, I don’t think that this theory of his should be of any use in this world that we are living in right now. Try imagining a world without arguments. Ideal isn’t it? But we won’t have any hint of identity because of the rule: “what is mine is yours” and “what is yours is mine”. Human selfishness is a part of us. It is not something that should be taken away from us just to create an “ideal State”.

Next, we have Aristotle who is the most ardent student of Plato but unlike his teacher, Aristotle is a realist while in contrast, Plato is an idealist thinker. Aristotle believes that the State begins with the family and that human selfishness is part of what we are in order to survive in this world. He would call the State as a “creature of nature” and man as a “political animal” in which men exists for the good life and participating for the welfare of the State. Aristotle believes that slavery among men is free and others are slaves. Slavery is basically based on the idea that men differ in intellectual and physical capacities and are thereby fitted for different positions in society, for not all men can be masters. However, Aristotle insists that it us unnatural for the master to abuse authority over slaves and essentially, the interests of masters and slaves are nothing but good life and is the same. Aristotle completely rejects every single thing Plato had to say in his theory for it is inefficient and of no use. Aristotle, in contrast to Plato, leadership is “the rule of many” which means that the people take their share in ruling and being ruled upon in turn. In comparison to Plato’s theory, Aristotle’s theory would be more efficient and useful to the world today because it not only gives us a sense of identity, but also having a government that would “actually work”. Not in the sense of Plato that creating the perfect and ideal State is just wishful hoping or what ifs. I liked how Aristotle mentioned on human behavior and saying that it is a part of us while in contrast, Plato thinks that this will not create the perfect State. Yes, he may be right, but idealism is far from realism. The results are not the same. Realism will always be bound to happen while in idealism is just something you would wish to happen.

Then of course, there is St. Thomas who is scholarly a disciple of Aristotle and has “Christianized” Aristotle’s theory as it incorporates divine justification as the basis of authority of State and government. The State, according to St. Thomas, is a natural institution founded on the nature of man as a rational and social being (which is actually pretty similar to Aristotle’s view on the State). St. Thomas argues that every creature has its own end guided by necessity or instincts. But man is not an isolated individual nor alone. He is a social or political being by nature and born to live in a community with his fellows. The most evident sign of the social nature of man is his expressing of ideas to men through the medium of language. Also, both the society and the government are natural to men. Like Aristotle, St. Thomas challenges man to be natural and he is guided by reason. Reason is what will help ensure society’s true interest to its attainment. St. Thomas also says that a true leader is one who has discerned the true needs of the ruled and facilitated for the acquisition. Leaders are justified by God the authority to care for the common good. Basically, I think what St. Thomas is trying to say here is that we must be forever faithful and love God. I think that this is a good thing, but like what Zaylee Jacalan said: “We don’t have to be madly in love with the same God. Not all of us have the same religion”. This is indeed true because we can’t always believe that God will make the perfect society for us. Man has to be the one to do something about this. It also sounds too idealistic for God to create the perfect State. There was even a time wherein St. Thomas of Aquinas questioned the existence of God, so how much more trying to live in a perfect society when it is pretty much close to impossible? Man is imperfect and will always be. There is no higher being other than God in my honest opinion.

Next up, we have Niccolo Machiavelli who is an important figure of the Italian Renaissance and wrote the famous treatise on politics The Prince which talks about the question of the origin of political power. Machiavelli does not agree with conventional theory, that power is only legitimized by moral character of a leader. He is also known for what he calls: “solid armed force” that is the members of the State are submissive because of the arms, peace and security will reign. Machiavelli considers man as naturally selfish, brute, deceitful and disobedient, wherein it came to the point that threat and violence is approved as long as it ensures the safety and security of the general masses. Fear is the fundamental virtue of the State (according to Machiavelli), in order to create peace and harmony to both men and society. Leaders are also to have absolute control of any circumstances rather than being controlled upon. In my honest opinion, I would have to disagree with Machiavelli’s theory the most among all the different theories of society and humankind because I really think that it would even make the slightest difference if force was to be applied in our present day lives. People will only riot. Men should not be treated like animals because even men are intellectually capable of thinking what is morally right and what is morally wrong. Enforcing violence and threats are the most absurd way of getting us to create a perfect State. I am not saying that we have to be idealistic and all but, what I am trying to say is that violence is never the solution. At least, this is what I think. Men should be treated right and we have to create a State without much pressure put onto us.

We then have Thomas Hobbes. He is a natural law theorist who also thinks that every man is naturally selfish. In his own opinion, how to stop this egoistic tendency to secure the safety of the State shall be the main discourse of Hobbes in his masterpiece Leviathan. Leviathan is an image of what Hobbes would call “body politic”. An example would be a State that has strength and authority far greater than that of the natural tendency of any individual to be selfish. Hobbes sees that society is always besieged by what he calls the “state of nature” which means anarchy, wars amongst individuals or groups resulting from man’s selfishness and natural tendency to survive. Hobbes, unlike Machiavelli, sees that continual violence would threaten the very root cause of anarchy, which is the self-interested desire to survive. No individual could ever survive ultimately. Hobbes says that someone must settle the argument in order to prevent endless war. He refers this arbitrator as Leviathan or State. He also mentions how only the State must hold the monopoly of power. Unlike Machiavelli’s armed force, Hobbes’ Social Argument are only involved to things that involved parties agreed to is the source of fear. It is true that Thomas Hobbes initiates on the division of power of the State, thus assuring citizens of the proper application of power free from absolutism and dictatorship. But, I don’t agree with his theory because he is saying that: “We need a ruler that is beyond that of an ordinary human in order to stop conflict among men”. Even if that is so, war is INEVITABLE. There will be war ESPECIALLY when the ruler has an enemy. Who wouldn’t initiate a fight if there are enemies that are bound to ridicule you and mock you to fight and says how you can’t even fight because you need to be the perfect role model for men right? Well, if it were me, I would be enraged and start war immediately! In conclusion, it is pretty idiotic if he won’t be enraged even though he is the perfect body because remember what Aristotle said? “Human selfishness is natural. It is part of who we are”. I mean, even the perfect ruler would have that and act on his on selfishness once he is angered right?                                                                                                 
Lastly, there is Baron de Montesquieu who proposes for a proper application of power in his famous The Spirit of the Laws and classifies the power of the government into 3 layers: the legislative, the executive, and the judicial. The legislative power rests on the enactment of amendment of laws. Second, the executive power includes making peace or war, establishes public security, and provides safety against invasions. Third, the judicial power includes the punishing of criminals and determines the disputes that arise between individuals. He says that this shall prevent individuals from holding too much power and tyranny. Montesquieu also theoretically shares with the nineteenth century English Catholic historian Lord Acton’s maxim, “Absolute power corrupts absolutely”. I really love Montesquieu’s theory and it is so brilliant that our world right now is using his theory! Well, not all but most of us around the world are using it. I like the way he divide it to avoid being tyrant because this is one of the major problems of society. A government that is full of tyrant people. They overexert their powers and abuse man and create society into a place full of trash. The words I use may be exaggerating or over the top but it is true right? Actually, even until this very moment of our lives, we have never seen A PERFECT STATE. Again, it’s something that will not be bound to happen to us imperfect beings. We can only hope for the best. Going back to the main point, I think that man is happy and society has become a better place to live in thanks to the theory given to us by Baron de Montesquieu.

The State of Today

by Stacey del Socorro


We are living in an age of such rapid, thoroughgoing, universal social  change that sociology and anthropology is, as never before, the science at the moment. There have been earlier periods of tremendous social changes based from philosophers: the proposition from the oligarchy of the early Athenian;  Plato and on the other hand the opposition of Aristotle's idea in the Guardian class, towards the christianization of Aristotle's philosophy from St. Thomas Aquinas from the Middle Ages, to the transitioning of "The Prince" from Niccolo di Bernardo dei Machiavelli which accompanied the Renaissance period, to the time of the seventeenth century of Thomas Hobbe's masterpiece of "The Leviathan" and Baron De Montesquieu's work of "The Spirit of the Laws" whose idea is still used to this day of dividing the branches of government, in further, commencement towards the industrial revolution at the end of the eighteenth century for democracy which is at the present, the political system of the Philippines. 

Whether the changes which are now taking place in the state gives impact to all of us are as momentous as these great philosophical transitions, it is still too early to say. The likelihood is that we are indeed on the threshold of a new era; economically, politically, and socially. Seldom have people been so aware of being in the midst of great social changes as we are today. Society having evolved to its present complexity, is at last beginning to submit itself to study. While men are learning to understand something about nature, structure and forces of society, its structure is rapidly changing, its forces are rapidly at work. Life today, with all its hardships and uncertainties, is more thrilling than ever before; for man, with his first glimpse at the nature of the states' rules of power, has his first opportunity to set himself into modifying the forces of social change, his first opportunity to assist at the birth of a new social order, his first opportunity to be himself the founder and designer of a new and more humanistic rule of the state.

Saturday, July 18, 2015

Ancient to Modern socio-political-anthropological thinking


             Plato said that the good life is possible only in and through society (State), society is a natural institution, man is essentially a social and political animal, the State exists for the sake of the good life. And according to him, the state neither aim for freedom nor economic well being but justice.  Justice is an object of knowledge, that is, it is one of the forms.That is why the Statesman must be a Philosopher.  If not, he will only lead the state downwards toward self-destruction. Which for me is wrong because not all philosophers can bring justice to a state just because they are educated and meditate on and practice the Good Life. This makes his theory less supportive.Then,we have Aristotle who offers a distinct view of the end of man in the society. Aristotle's State concept shows that he believed in evolutionary or historical theory of the origin state Therefore, his approach in this connection is correct for it also true that man as a civilized individual cannot survive without state and if he claims, then it means from human beings, he is nation-less, lawless or homeless. He (man) is either above or below humanity. The best thing in his concept is that he believes in balanced collectivism and dislikes state powers and gives certain rights to the citizens and in this way, citizens can lead into the good life. St. Thomas Aquinas who stands at the crossroads between the Christian Gospel and the Aristotelian politics doctrine. He shows that God governs the world. This idea, in God, for the governance of things is the eternal law. There is still a part of Aristotle's concept but changing State to God. Man can't live a good life without God. I disagree about "we need to be madly inlove with the same God." Not all of us have the same religion and that doesn't mean that it ruins the divine justification as the basis of authority State and government because there is totally no connection of being only with one God to strengthen a society. As for Niccolo Machiavelli,  he disagrees with conventional theory and so he made his own theory called "The Prince". During his time, his country was being invaded by powerful nations which are Spain and France. And so he learned that all a government or a man need is power. For Renaissance period, when Niccolo was born, countries were all about power and control. What is a State when there is no power and a successful ruler? I understand his theory as a normal concept for it is how they lived and since in our time today, we can't truly relate to it. But still, Niccolo is correct for power can protect a state and unleash fear. Thomas Hobbes, says that "It is not wisdom but Authority that makes a law." Anarchy makes a society cruel and violent. How can peace happen when there is crime? Hobbes says that someone must arbitrate in the making of agreement in order to prevent the endless war. He refers this arbitrator as Leviathan or State. Every society needs a peace maker, morality and justice to ensure the State from disorder. Peace Treaty Parties are not helpful at all because all they can do is talk and not fully convince man to stop crime. So for me, peace cannot be without punishment. But it's also quite ironic that we punish for peace. Lastly, Baron De Montesquieu, his theory was adopted by states for it is also remarkably impact to subsequent social scientists. In his theory, it states that a State is ruled by 3 independent yet inseparable powers :executive, legislative and judicial. His thought is actually helpful because it contains contents of what a State needs to be called a "State".


by: Zaylee Jacalan 

Friday, July 17, 2015

Sociological and Anthropological Concepts


by: Tiu, Raika Camille G.

One of the theorist, Plato who had an a priori perspective, introduced the Theory of Ideal State. The theory states that the state exists with the primary goal to lead individuals towards the Good Life. For that to happen there should be an absolute Moral Law. An absolute Moral Law is an Ideal World or perfect world. This world is basically where every ideal form of goodness and beauty is found. Since man is not an independent individual, man would need the help of others in the state. Plato also believes that epic poets and dramatists should not be leaders because they use emotion instead Plato believes that philosophers should be leaders. According to Plato, there are 3 classes: the Artisans, Auxiliaries and the Guardians. The Guardians would be the leaders of the state, the Auxiliaries as the defenders of the state and the Artisans as the producers or the those who serve the state for the progress of the economy of the state. Plato also says that men and women are equal. He believes that both genders should have equal opportunities and without discrimination. Aristotle came in next and he says that, "only in the State that man can live the good life in any full sense, and since the good life is man's natural end the State must be called a natural society." A natural society means that the State supports the development of the Good Life and promote the good. Since the State supports the Good Life, men are naturally working towards the good life. Aristotle calls the State as the "creature of nature" and man as the "political animal". Man as the "political animal" basically refers to man existing for the Good Life and through this, men participate/cooperate with each other which makes the state as a "creature of nature". Aristotle states that some men are free by nature and others are slaves. But slaves must be respected by their leaders since it is unnatural for the "master" to abuse his authority. Aristotle disagrees with Plato since Aristotle defines leadership as "the rule of many". Aristotle believes anyone that is qualified enough can be a leader while Plato believes in the Guardians as the only leader of the State. But Plato and Aristotle do have similarities since Aristotle also believes in the Good Life. After Aristotle there is St. Thomas. St. Thomas had beliefs more on Christianization. He stated that, "a natural institution founded on the nature of man as a rational and social being". He also agrees with Plato that man is a social being which mean they are born to live in a community. Society therefore is natural to men. Since society is natural than government is also natural to men. St. Thomas believes that man should be guided by reason since reason would ensure man to be morally good. From what I understood from St. Thomas, the soul is the leader and the body is being ruled by the soul. St. Thomas believes that the state should cultivate religious values. Niccolo Michiavelli follows believing that through proper application power should be used for the security and welfare of the state. He states that the State is founded on the "solid armed force". Therefore if the members of the state are submissive because of "arm" then power and security would thrive. He believes that armed force is law. "A good law is a good armed force." - Glenn Trajano. Niccolo says that he prefers force towards the state because he considers every man to be brute and selfish but man can be tamed through coercive force. Threat and violence are justified as long as they ensure safety and security to the general masses. After Niccolo, there is Thomas Hobbes. Thomas Hobbes agrees with Niccolo that man is selfish. He believes that a "body politic" is a state that has the strength/authority greater than the natural tendency of man to be selfish. Lastly, there is Baron de Montesquieu. He classified the power of the government into 3 layers: Legislative, Executive and Judicial. The Legislative power enacts the law, the Executive power establishes public security and provides safety against invasions and the Judicial power punishes criminals and determines the disputes that arise between the men. These 3 layers of power are followed by the present government.

In conclusion, I agree with some philosophy's of one person but not the other. I agree with Plato and St. Thomas that man is a social being. We need our fellow community to support us and be there for us. But I feel that St. Thomas' theory is quite bias because he's basing his philosophy on Christians and not everyone in the world is a Christian so the philosophy couldn't be applied to the masses. I disagree with Plato that only the Guardians can be leaders because it wouldn't be fair to those people that have the quality of a leader but can't be a leader since they aren't a "philosopher". Through all of the different philosophies that I read, I think some of these sociologists and anthropologists lack in specific areas. But if I had to choose one philosophy I would choose Machiavelli. The Philippines is a good example of Machiavelli's philosophy since the Philippines was under Marcos and Marcos (from what I've noticed) made the people more disciplined. Although Marcos left a big debt to the country, he made the country flourish during his term. Therefore, I state my opinion.


Wednesday, July 1, 2015

Phlippines & Malaysia over Sabah by: Dominique Marie Sarte

Main basis of dispute

This treaty constitutes the main basis of the territorial dispute between the Philippines and Malaysia over Sabah. The Philippines claims that the term pajak means lease while  Malaysia claims that it means cession.
“Lease” means a contract by which a rightful possessor of real property conveys the right to use and occupy the property for consideration, usually rent. “Cession” means the relinquishment or transfer of land from one state to another.
In 1881, the syndicate represented by Overbeck and Dent was chartered as British North Borneo Co. (BNBC). In 1898, under the Treaty of Paris, Spain sold the Philippines to the United States. The treaty boundaries allegedly did not include Sabah.
During World War II, the Japanese occupied Brunei. After the war, in 1946, the British Crown granted Brunei the status of crown colony. In 1963, Sabah joined Malaysia.

What’s at stake

At stake in the territorial dispute over Sabah between the Philippines and Malaysia are two main prizes: natural resources and national security.
Sabah has been found to contain rich oil and gas reserves, according to the Singapore-based Facts Global Energy. It is said that significant pipeline projects, to be led by Malaysian companies in Sabah, will bring about the first gas production by May 2015 and power production by November 2015.
Sabah also poses a security risk for both countries because it is allegedly the lair of the al-Qaida-linked regional terror group Jemaah Islamiyah. Hence, Sabah could be used by terrorists as the springboard for a pan-Islamic state.

Philippine claim

The Philippine claim is based on the argument that the 1878 Deed or pajak was a treaty of lease.
In 1950, Congress adopted a “concurrent resolution expressing the sense of the Philippines that North Borneo belongs to the heirs of the sultan of Sulu and the ultimate sovereignty of the Republic of the Philippines, and authorizing the President to conduct negotiations for the restoration of such ownership and sovereign jurisdiction over said territory.”
In 1961, President Diosdado Macapagal filed the Philippine claim to Sabah. The next year, in the UN General Assembly, the Philippine Vice President appealed for help in promoting a peaceful resolution to the Sabah issue.


Malaysian claim

The Malaysian claim is based on the argument that the original document was a treaty of cession. Malaysia traces its claim to the 1878 Deed signed by the Sulu sultans in favor of the adventurers Overbeck and Dent, members of a syndicate, which was eventually organized into BNBC. It is claimed that the two adventurers entered into the 1878 Deed as representatives of  BNBC and thus attained sovereignty over Sabah.
In June 1946, the British Crown and BNBC entered into an agreement, which appears to cede and transfer all the rights, powers and interests of BNBC on North Borneo to the British Crown.

Opinion

I solemnly believe that Sabah is in fact ours. We should claim what's truly ours. WE should not let others use our resources to make them rich. Let's not let others step on us. But in the process of fighting for Sabah, we should do it in a peaceful way. Peaceful because we should avoid opening two fronts that could trigger a war with one of our ASEAN neighbors. It is bad enough that we are having territorial issues with China. What more if you add another? 



Source: http://opinion.inquirer.net/49361/sabah-issue-in-international-law

http://www.philstar.com:8080/opinion/2013/02/19/910496/sabah-where-does-it-belong-phl-or-malaysia

The "Fight" Over Sabah


This so-called "fight" over Sabah seems more like a one-sided argument as it's already clear on which country owns Sabah and why the other one should do as it's already doing and try to calm the people down.

The Sultan of Sulu, Jamalul Kiram III, first laid claim on Sabah back in 2013. He and his followers "were demanding recognition from Malaysia and a renegotiation of the original terms of lease... including a higher rent than the current paltry sum paid by the Malaysian goverment." 

Of course, the Malaysian government rejected the demands given by Sultan Kiram III.This "Sultan" isn't officially a sultan though according to the information released by the Malacanang. Sultan Jamalul Kiram is related though, to the last Philippine recognized Sultan, Sultan Mahakuttah Kiram. Sultan Jamalul Kiram's father, Datu Punjungan Kiram, was a crown prince before being stripped of his title. His father's brother was Sultan Esmail Kiram I, and when Sultan Esmail died his son, Mahakuttah, succeeded the throne. Making Sultan Kiram III, the cousin.


The Philippines, or rather the Sulu Sultanate, continues to claim that Sabah is part of the Sulu Sultanate territory. However, Malaysia's claims to Sabah have already been verified by the United Nations when Malaysia's sovereignty was recognized. 

The International Court of Justice have also verified Malaysia's claim on Sabah when it had recognized and confirmed Sabah as part of Malaysia when it made a verdict in 2002 that the Sipadan and Ligitan island belonged to Malaysia and not Indonesia.

The Sulu Sultanate claims Sabah, however since Sulu is only a region of the Philippines without any national sovereignty, it cannot claim Sabah which is part of Malaysia, a sovereign nation. The claims to Sabah would be more considerable had the Philippine Government made the claim, but in interviews with President Aquino regarding the Sabah case, he sees the case as a "disadvantage" to our country as we are continuously negotiating with the other country.

In March 30, 2015, it was reported that "in exchange for Malaysia's support for the Philippines's case against China, the Philippines will downgrade it's claim on Sabah." In 2009, the Philippines protested against a note to the U.N. Secretary General as the note effectively declared Sabah as part of Malaysia. However, the Department of Foreign Affairs informed the Malaysian government that it is "reviewing" the 2009 process and its action would depend on Malaysia's response to Manila's requests related to the South China Sea territorial conflicts.

As there are parts in the Spartlys where each countries Exclusive Economic Zones overlap, the DFA requested Malaysia to confirm that "it does not claim entitlement to maritime areas beyond 12 nautical miles from any of the maritime features in the Spratly islands it claims." The other request by the DFA was that Malaysia confirm that its claim of an extended continental shelf is "entirely from the mainland coast of Malaysia, and not from any of the maritime features in the Spratly islands."

It does not mean that Philippines would back down on their claims on Sabah but if Malaysia backs down from their claim on the Spratly Islands, then the Philippines can strengthen one of their demands from the U.N. court that certain features do not generate maritime entitlement beyond 12 nautical miles.  This would clarify that the 12 nautical miles surrounding among others, the Panatag Shoal, are part of the Philippines 200-nautical-mile Economic Exclusive Zone.

The Philippines suit, which primarily sought to nullify China’s all-encompassing nine-dash line map invalid, also wants the U.N. court to rule that submerged features within and beyond 200 nautical miles of the Philippines are not part of China’s continental shelf. This would make China’s occupation of these features a violation of UNCLOS.

With all the problems we already have in our country, we don't need to another problem added. The Philippines should not take on another territorial dispute, which claims are not that valid, when it has another one in which the claims are much more valid, plus part of the international law that the other country already signed to.

The Philippines making historical claims over Sabah is like China making historical claims on the Spratly Islands.

We should know what to argue over, and Sabah is not what we should be arguing over.


Sources:

http://verafiles.org/ph-offers-sabah-to-win-malaysias-support-for-un-case-vs-china/

“Legal basis for the Sabah claim” by Rita Linda Jimeno

Posted by:
Karen Faye D. Zamora BSOT-1B

Legal Basis for the Sabah Claim

 To understand the issues on Sabah and those following the developments in the Sultanate’s claims, here are a few excerpts from the booklet " The Facts about Sabah and the Royal Sultanate of Sulu and North Borneo"


How did the Sultan of Sulu acquire sovereignty and ownership over North Borneo (Sabah)? In the early 17th century, the Sultan of Brunei ceded North Borneo to the Sultan of Sulu for having helped him quell a rebellion. Since then, the Sultan became the effective and legal sovereign over Sabah and the Sulu archipelago. The historical ties between Sabah and Sulu are so close that in fact, a former Chief Ministry of Sabah served as one our guerrilla leaders in Sulu during the resistance movement in the last war.

How close is Sabah to the Philippines and to the Malaysian capital of Kuala Lumpur? The nearest distance from the Philippine boundary to Sabah is 18 miles which is nearer than the distance from Manila to Malolos. On the other hand, Sabah is a thousand miles away from Kula Lumpur and is not connected by any land mass to the Malayan peninsula.

Why is the territory now in the possession of Malaysia? In 1878, as evidenced by a lease contract, the Sultan of Sulu leased the territory to Australian Gustavus Baron de Overbeck who, together with his British partner, Alfred Dent, paid the rentals to the Sultan. When they ran out of money they organized the British North Borneo Company which continued to pay the rentals until 1946. The agreed annual rentals was initially 5,000 Mexican dollars and/or British pounds but increased to 5,300 in 1903. Then on July 14, 1946, just after the Philippines had gained its independence from the US, Britain annexed Sabah as part of its dominion. Still, Britain continued to pay the rentals to the Sultanate. In 1963, the British government turned over Sabah to Malaya to become part of the new Federation of Malaysia. Since 1963 the Malaysian government through its embassy in Manila has been the one paying rentals to the Sultanate.

Why does Malaysia say that what it has been paying is not rentals but cession money? The lease contract of 1878 between the Sultan of Sulu and Overbeck was in the Malay language but written in Arabic. The contract was called in Arabic as “Padjak” which means lease and described in contemporary Spanish documents as “Arrendamiento” which also means lease.  This document has been translated by a Dutch scholar, an American scholar and by Spanish scholars. All these authoritative translations translated “Padjak” as lease. The British, on the other hand, had its own version. They simply referred to it as cession.

Was there any subsequent acknowledgment of the Sultan’s continuing sovereignty in Sabah by the British North Borneo Company? Yes. In 1903, the British North Borneo Company asked the Sultan to execute a confirmatory deed to confirm the lease agreement in consideration of the increase in rentals beginning that year.

When the British government annexed Sabah in 1946 did it not acquire sovereignty over it as against the Sultan of Sulu and consequently, the Philippines? No, because it acquired Sabah from the British North Borneo Company which did not exercise sovereignty over the territory. Britain could not have acquired a better right than the company which was only a lessee. Therefore, it had no power to give (to Malaysia) what it did not own. Thus, Malaysia did not acquire sovereignty over Sabah either.

Does the Philippine government have a right of dominion over the territory and therefore, a duty to lay a claim?

Source: Manilastandardtoday.com by Rita Linda V. Jimeno

Nika C. Pagador BSOT-1B