RESOLUTION
Resolution of 2009
Maharlika Sultanate of Sulu and North Borneo-Sabah
Royal House Concurrent Resolution No. 8377-02
Concurrent Resolution expressing the sense of the Sultanate of Sulu and North Borneo-Sabah, that Sulu/Mindanao (by consanguinity), Palawan, Tawi-Tawi, Basilan and North Borneo-Sabah, inclusive of its Tributary Trust Territory of Zamboanga (Sultanate Moro Capital) Peninsula and Kalimantan; and its adjoining Islands belongs to the Sultan of Sulu:
H.R.H. Sultan Sharif Maulana Paduka Ahmad Carpenter Arpa-V
Ibni Maharaja Adinda Taup Angging (Anddin) Zein Ul-Abidin,
And to the ultimate sovereignty of the Sultanate of Sulu and North Borneo-Sabah, and for the said Sultan to conduct negotiations for the restoration of such ownership and sovereign jurisdiction over said territories, for its total sovereignty and total independence.
His Highness’ 5th Grandfather, Sultan Sharif Ul-Hashim (Abu’bkr, Zein Ul-Abidin), the 1400’s very first Sultan of Sulu and of 1363 Brunei, the latter’s brother Bar-Baki or Bal-Paki a sultan who escaped Johore (Singapore) due to Spanish encroachments , established the very first Sultanate of Mindanao seated at Malabang-Lanao as Sultan Sharif Kabungsuwan.
Sultan Sharif Kabungsuwan exiled some of His peoples to Cotabato and its Hinterlands marrying the daughter there, of Tomaoi Aliywa of the Maguindanao-family dynasty. After the latter’s death, Sharif Kabungsuwan took over His father-in-law’s political authority establishing the Sultanate of Maguindanao as Sultan Aliywa. He was initially known as Karim Ul-Makdum, the Mindanao-Maguindanao Sultanate Government Founder.
The Sulu Sultanate National Flag “Door to Mecca” that had been flying over its territories and the territory of Kalimantan (Southern Borneo) there called as “the Gate to Mecca”, since the 1400’s, the latter territory presently under Indonesia’s Sovereign Jurisdiction Administering upon it, said territory is also included in His Highness legal and valid claim.
As by consanguinity and as by the manifesto for unity of strings of Sultanates throughout the Mindanaos signed by its representing Sultans, including the Kirams, under the Sultanate of Basilan and Zamboanga (Sultanate Moro Capital) established by His Highness, the Sultan Suluk Negara’s father, a clear indication of the Sulu Sultanate’s manifestation of its act of Sovereignty and its tacit Sultan’s political will and authority upon its territories, not registered with the foreign Philippine Securities and Exchange Commission (S.E.C.), however, signed and conforme by the Philippine Republic; His Highness the Sultan of Sulu, maintains and or reserves the right to also stand as the Sultan of Maguindanao-Mindanaos. Thus, His country and state shall be the Sultanate of Sulu Negara (territories); Sulu, Basilan, Tawi-Tawi, Palawan, North Borneo-Sabah, Kalimantan, Jambangan-Zamboanga Peninsula and the Mindanao-Maguindanao;
Whereas, the Sulu Sultanate State and strings of Sultanate States by consanguinity in the Muslim National archipelagic islands or so-called Philippines by Spain, were a dejure Sovereignty State/s since the fourteen hundredths;
Whereas, in more or less the year 1516, Spain arrived saliently in the Muslim National archipelago and with their physical conquest, colonized most of the Muslim national archipelago territories with their forceful acquiescence;
Whereas, Spain’s motives in joining with Portugal, were to have established their Religion and themselves in the Malayas (Muslim National archipelagos) and in the monopolizing of the spice trade which was the source of power of Cairo-Egypt and Saudi Arabia. Evident of the Spanish-Portuguese viceroy Captain Affonso Albuquerque Statement to His Commanders before the successful and the final attack to Malacca in 1511;
Whereas, this forceful acquiescence was a so-called echo of the “crusade” against the Ottomans and the Moors of Morocco, it was also an Iberian (pertaining to the ethnologic
primitive groups inhabiting the Caucasus mountain range of the Soviet Union, called Caucasoid) warfare against the “Moors”-Muslims of North Africa and Morocco, far reaching
the Malayas or Muslim National archipelagic islands, its peoples called “Moros”, subjugated for more or less 300 years;
Whereas, in 1842, the Sultan of Sulu, Sultan Moh. Fadlun or better known as Sultan Pulalun signed a Treaty with the United States, the said Sultan assuring the safety of U.S. vessels in the Sulus, for the United States exploring expedition;
Whereas, in 1862, Sulu Sultan Moh. Fadlun or better known as Pulalun signed the Spanish Protocol Treaty of Spain, giving permission of Spain’s Sovereignty rights or pretensions of Sovereignty upon the island of Jolo and its dependencies; Sultan Pulalun transferred His seat to the hinterlands then sometime after;
Whereas, in 1878, two British subjects, Gustavus Baron Von Overbeck and Alfred Dent, ESQ. Came to Jolo to lease North Borneo-Sabah from the Sulu Sultan, for their intent to establish the British North Borneo Company;
Whereas, Jamalul Agdam presented himself acclaiming to be the Sultan of Sulu to the two British subjects, executed an agreement leasing and delivering to the latter, the territory North Borneo now Sabah for an annual rental of $5,000;
Whereas, the leasing of said territory by the self-acclaimed Sultan Jamalul Agdam, signed himself as Jamalul Alam the son of Sultan Pulalun-when in fact, otherwise;
Whereas, whether Sultan Pulalun had children or not (it is not known), he Pulalun, since 1859, proclaimed His Highest Crown Prince and heir-apparent, Maharaja Adinda Taup, who is to succeed him upon his death; moreover, Sultan Pulalun writing a letter of revocation of the said leased to the British North Borneo Company which was not heeded upon;
Whereas, on April 22, 1903, the British North Borneo Company, which succeeded to the rights of MESSRS. Gustavus Baron Von Overbeck and Alfred Dent, entered into another agreement with the Sultan of Sulu, (Sultan Jamalul Kiram-II) to include in the original lease certain islands laying North and Northeast of Borneo for an additional rental of $300 annually;
Whereas, MESSRS. Gustavus Baron Von Overbeck and Alfred Dent, and their successors, including the British Government, paid the total annual rental of $5,300 for the Leased territory until June 7, 1936, death of Sultan Jamalul Kiram-II;
Whereas, the British Government ceased to pay the annual rental amount in 1936 due to the controversy as to who are the heirs of the Sultan of Sulu or its successor entitled to receive the annuity , Sultan Kiram-II known to have no heir;
Whereas, the British Government should have reverted to Sharif Sultan Imam Ul-Alam Arpa who replaced Sultan Kiram-II in 1915 deduced as Highest Spiritual Leader of the Sultanate of Sulu and North Borneo, as the successor to the said leased annuity and as the Sultanate’s Successor –Sultan deduced to Highest Spiritual Leader (by which a Sultan is also, such; temporal and ecclesiastical indivisible in nature) by the U.S. administration;
(2)
Whereas, in undermining veracity, on July 4, 1946 the United States blatantly incorporated the Muslim Sultanate lands and territories to have included Mindanao and Sulu into with the making of the Philippine Republic, inspite of the Sultanate’s Datos declaration of rights and purposes made in 1921 and submitted to the U.S. Congress on 1926, depriving the heir/s of the successor-Sultan Sharif Imam Ul-Alam Arpa or His heirs to the Sultanate of Sulu and North Borneo, of ownership over its territories;
Whereas, Senator Beacon of the United States passed the Beacon Bill in 1926 with the United States Senate which proposed that…”Independence be given to northern and central Provinces of the Philippines, but that Mindanao and Sulu be retained under American rule”. (see house bill 12772, 69TH Congress, first session. May 6, 1926);
Whereas, inspite of the solid expressions of self-determination and resolve to the total return of independence of the Mindanao and Sulu (Sultanates), the United States of America heedlessly proceeded to have incorporated the Mindanao and Sulu Sultanates’ lands and territories into with the Republic of the Philippines, blatantly breaching Article IV, section 3 of the United States Constitution and utterly disregarding the Beacon Bill of 1926 passed by the United States Senate;
Whereas, it was totally unlawful from the standpoint of the 1787 U.S. Constitution, the law of war of 1898 and the law of nations for the United States to occupy Mindanao and Sulu, when it was not a political component of the first Philippine Republic that declared war against the United States of America;
Whereas, on July 16, 1946, the British Government annexed as a crown colony the aforesaid leased territory known then as British North Borneo, thereby also depriving Sharif Sultan Imam Ul-Alam Arpa (Successor-Sultan) or His heirs to the Sultanate of Sulu and North Borneo, of ownership over the territory, North Borneo;
Whereas, the annexation of the territory North Borneo as a crown colony of the United Kingdom (Britain) is based mainly on the claim that the deed executed by Sultan Jamalul Alam on January 22, 1878 in favor of MESSRS. Gustavus Baron Von Overbeck and Alfred Dent was a cession and not a lease; which claim is unfounded because the deed in fact was merely a lease whereby the Sultan of Sulu delegated His Governmental powers to the lessees and granted to them the right to develop and exploit the territory, reserving to Himself the ultimate sovereignty over said territory;
Whereas, the act of annexation made by the British Government is furthermore, based on the claim that subsequent to the deed of January 22, 1878, The Sultan of Sulu capitulated in the same year to the crown of Spain which in turn renounced the sovereignty over North Borneo. Which claim lacks merit because in the Treaty of Capitulation between the Sultan of Sulu and the King of Spain, the Sultan did not relinquish His residual sovereignty over North Borneo, likewise the rest of the Sultanate Territories. As in fact, the Sultan was never nor permanently under the authority of the crown of Spain, and, therefore, the renunciation by Spain of sovereignty over North Borneo in the Treaty of 1885 with Britain did not serve to affect the right of sovereignty of the Sultan of Sulu over said territory;
Whereas, it results from the foregoing that the action of the British Government on July 16, 1946, annexing North Borneo as a crown colony is unwarranted and illegal; that the territory belongs to the Sultan of Sulu and Highest Spiritual Leader or His heir to the Sultanate of Sulu, the Sultanate State presently under GRP administration on account of the unwarranted and illegal treaty of Paris of December 10, 1898. That said heir and present successor to the Sulu throne, H.R.H. Sultan Sharif Maulana Paduka Ahmad Carpenter Arpa-V, is cordially exhorting Malaysia, Indonesia and the Philippine Republic by which some the Sulu Sultanate lands and territories are presently being administered by; the protection of His Highness rights and dignities, and the rights and dignities of His peoples, that subject to adjustments of the lease rights of the British Government on North Borneo now administered by Malaysia as made the ultimate successor of the original lessees, and adjustments made of to other, said territories, should be restored to the ownership of His Highness H.R.H. Sultan Sharif Maulana Paduka Ahmad Carpenter Arpa-V, the Sultan of Sulu and to the sovereign jurisdiction of the Sultanate of Sulu, and whose seal and ancestral flags of authority recognized without qualification;
(3)
Whereas, inclusive of Kalimantan and North Borneo, the Sulu/Mindanao, Basilan, Tawi-Tawi and Palawan Sultanate territories that was Unfoundly and Unwarrantly Sold by Spain to the United States of America in the December 10, 1898 Treaty of Paris by which the Sultan of Sulu/Mindanao did not have representation, nor being a contracting party to it, and without the knowledge nor consent as titular head of State;
Whereas, the August 20, 1899 Bates Treaty, agreement between Gen. John C. Bates of the U.S. Government and the Sultan of Sulu, profoundly recognizing the dejure sovereignty of the Sulu Sultanate State;
Whereas, other entreaties before and after the 1915 Carpenter Memorandum Agreement, affirming the dejure sovereignty of the Sulu Sultanate, as also the 1915 Carpenter Act, in its interpretative letter, legally guaranteeing the preservation and continuing existence of the Sultanate of Sulu and North Borneo;
Whereas, inspite of the Sulu Sultanate’s Sultan-Highest Spiritual Leader and Datos’ declaration of rights and purposes made in 1921 and submitted to the U.S. Congress in 1926, stipulating the non-desire of being under the Commonwealth Government or the soon to be Philippine Republic, but instead rather declare ourselves back a Constitutional Sultanate or be retain under U.S. Administration; the United States heedlessly and blatantly incorporated the Sulu/Mindanao Sultanate territories into with the Philippine Republic on July 4, 1946. While the United Nations was founded for the preservation, peace and security of nations in 1945;
Whereas, the Sulu territory of Kalimantan (Southern Borneo) came under the forceful acquiescence of the Dutch Colonial Forces, the latter that might have had to do in promoting the 1678 rebellion in North Borneo and 1849 Kalimantan revolts undermining the Sulu Sultanate National Flag, “Door to Mecca”, that had been already flying there since the advent of the Sulu Sultanate, called by its people, the “Gate to Mecca”, and said territory later was turn-over to Indonesia was unwarranted and unfounded;
Whereas, the fact of His Highness cause, the Sultan of Sulu as understood as by heredity, and succession, and of consanguinity from Taif Arabia, Brunei and Sulu/Mindanao as by Sultan Betatar of the Holy City of Taif Arabia, a progeny of Nabi Muhammad (Salawlahu Alaihi Wassalam) the aforesaid’s son Zein Ul-Abidin or Awang Anak Betatar the latter known as the 1363 Sultan Mohamad Shah established the Sultanate of Brunei with him as its very first Sultan. He Zein Ul-Abidin, as also known as Abu’bkr came to Sulu and married the daughter of the Tomoai (Chieftein) Baginda. Baginda embraced Islam and took the name as Raja Baginda. After Raja Baginda passed away, Abu’bkr took over the political authority of his father-in-law and established the very first institutional Government in the Muslim National Archipelago, the Sultanate of Sulu with him as its very first Sultan in the reigning name as Sultan Sharif Ul-Hashim, meaning a Sharif from the Hashimite Kingdom of Taif Arabia;
Whereas, Abu’bkr’s brother, Bar-Baki, went to Malabang Lanao, who established the very first Sultanate of Mindanao as Sultan Kabungsuwan seated in Malabang Lanao. He exiled some of his people (raayats) to Cotabato marrying the daughter there of Tomaoi Aliywa. He farther exiled some of His raayats, who still deviated from Islam, to the Hinterlands and are the present Manobos and Tarunians of the area. After the death of His father-in-law, he too, took over the political authority, of the Latter and established the Sultanate there under his father-in-law’s Maguindanao-family dynasty, the Sultanate of Maguindanao, and Him as Sultan Aliywa, was also known as Karim Ul-Makdum; the first Sultanate Government founder of Mindanao; the Sultan who visited his brother Sultan Sharif Ul-Hashim in Sulu. These two Sultans and Makdums, documented by the Catholic Jesuit Priest Fr. Francisco Combes, of those who first brought, re-enforced and promulgated Islam to have walked on water, flew in the air and saved people from drowning;
Whereas, in the Sulu Sultanate, Sultan Sharif Ul-Hashim’s grandson, the 1520-1548 Sultan Shar Ul-Uddin Awal Digmin, also known as Sultan Mu’izz Ul-Mutawidin or better known as Maharaja Upo who reigned while his father Sultan Ala’Uddin Buto was still alive. Sultan Shar Ul-Uddin Awal Digmin was succeeded by the 1548-1596 Sultan Pangilan Buddiman, the reigning title of Mohamad Ul-Halim who hailed from Brunei as an assured line of descendancy from Sultan Sharif Ul-Hashim (Zein-Ul-Abidin). Sultan Buddiman’s wife was the daughter of Brunei Sultan Abdul Kahar, the latter, father of successor Brunei Sultan Seif Ul-Rijar who placed his brother-in-law Sultan Buddiman (Ul-Halim) as viceroy Sultan of Sulu;
(4)
Whereas, 1596-1678 Sulu Sultan Patara Shah also known as Pangiran Tengah or Panguan Tindig who also hailed from Brunei as an assured line of descendancy and whose father was Brunei Sultan Mohamad Hassan. Sultan Patara Shah’s cousin Adasaolan acquired marriage alliance with the Maguindanao Royal Family marrying the daughter of Maguindanao Sultan Laut Buisan or also known as Katchil (half-brother of Maguindanao Sultan Salikula) the latter being the Great-Grandson of Sultan Kabungsuwan (Sultan Aliywa or Karim Ul-Makdum). Adasaolan’s brother in-law Nasir’uddin succeeded as Maguindanao Sultan Qudarat, the latter who goes to His island sanctuary in a Sulu island known there by the Sulu Sultan as Sultan Nasir’uddin, the Sultan of that said island ;
Whereas, in Manilad or Selurong- the island of Luzon, its Sultan, Raja Sulayman and Tondo’s Sultan, Datu Lakandula, a nephew of Brunei Sultan and the former, a first cousin of the Bruinei Sultan at that time;
Whereas, the string of Sultanate in Cebu ruled by “King” Humabon (as referred by the Spaniards), this Sultan was converted to Christianity by the Spaniards. The reason why the Sempurna Pertama, Panglima Ege or Kaliph Pulaka, but better known as Lapu-Lapu left Borneo and came to the settlement of Suluan and Borneoan allies in Mactan to investigate the situation in Cebu;
Whereas, it is rest assured, that the strings of Sultanates expanded throughout the Muslim National archipelago later known as the Philippine Archipelago, its Kinships by consanguinity were inter-related from the assured line of descendancy from Brunei that originated from the Holy City of Taif Arabia;
Whereas, His Highness descendancy from the Brunei Nakhodas and Brunei Sultan Mohamad Shah (Zein Ul-Abidin, Abu’bkr) the latter or his successor, owner of North Borneo, gave North Borneo as a gift to His Nakhodas (fleet admirals and relatives) Sayyid Nakhoda Perkasa Angging and Sayyid Nakhoda Sangkalang who had led about 600 Sulu warriors sent by the Sulu Sultan in suppressing a 10 year rebellion by the self proclaimed Sultan Mobin of Northern Borneo in 1678;
Whereas, as a gesture of gratitude also to the Sulu warriors, and as by the Nakhoda owners, the Brunei Sultan ceded North Borneo to the Sulu Sultanate, making it then contiguous to Southern Borneo or Kalimantan in 1704, evident of the Sulu Sultanate State National Flag “The Door to Mecca”, known there as “Gate to Mecca” and known to have already flown in Kalimatan (Southern Borneo), evident of already having been a Sulu Sultanate territory since its advent;
Whereas, Datu Piang of Cotabato (Tan Tuy Piang) was a first cousin of Tan Liu Yang (Liudayang), the latter being His Highness Grandmother, (wife of Sharif Sultan Imam Ul-Alam Arpa);
Whereas,Liudayang’s father, Tan Sing Lian is a brother of Tan Peng, the latter being the father of Tan Piang or Datu Piang of Cotabato;
Whereas; Liudayang’s mother, Horayang, is a daughter of Tunggal Gareng, the latter being the brother of Gajah Tunggal of Kalimantan (now Indonesia);
Whereas, Datu Piang was a former Chief Minister of Maguindanao Datu Utto (Sultan Anwar’Uddin) of Buanyan;
Whereas, in 1888 death of Maguindanao Sultan Moh. Jalal’uddin Pablu, the Maguindanao Sultanate was vacant till 1896;
Whereas, the Maguindanao Sultanate vacancy was probably due to the fact that Datu Utto wanted His brother in-law Datu mamaku (a son of Sultan Qudarat-Ullah Untong) instead to succeed as the Sultan and not him;
Whereas, in1896, Maguindanao Sultan Mangigin reigned.Whereby in 1900, Sultan Mangigin transferred his residence from Cotabato to Sibugay. In 1906, he married Rajah Putri, the widow of Datu Utto and sister of Datu Mamaku;
(5)
Whereas, 1900 death of Datu Utto, the latter’s son in-law and chief Minister Datu Piang, married to Datu Utto’s daughter, reigned as Maguindanao Sultan with his seat in Dulawan-Cotabato, as the Datu Piang of Cotabato;
Whereas, the Buayan rulers and Lanao area rulers traced their descent to a daughter of Sharif Kabungsuwan, while the Iranun Maguindanao family dynasty, by where Sultan Qudarat descended, traced theirs, in a linear direction, to male descendants of the said Sharif;
Whereas, Sultan Qudarat (Ullah Untong), a descendant of Sharif Kabungsuwan or Sultan Aliywa (Karim Ul-Makdum the Sultanate government founder of Mindanao-Maguindanao seated at Malabang-Lanao), the most powerful Sultan in defense against the Spanish encroachments, his descendants nicknamed their Sulu cousin Sharif Carpenter Arpa-I (His Highness’ father) as “Utong” derived from the name, Ullah Untong-Qudarat. It was because Sharif Carpenter Arpa-I, in 1942-1945 being awarded the U.S. Presidential Citation for his heroic defenses against the Japanese encroachments in World War-II in the so-called Philippine Archipelago, which threatened to eliminate any Royal Family which was a threat to Japanese concept of their Emperor-God in the Muslim National Archipelago or so-called Philippines by where Japan was trying to promote their so-called,” higher race”;
Whereas, Sharif Carpenter “Utong” Arpa-I, of his heroic actions having served as a Captain in the United States Army Forces in the Far East is known as, “Tong-Tong” by which the residents in Siasi, place of his great grandfather, Sayyid Nakhoda Perkasa Angging (The Brunei Maharaja in the Sulus) at Subah Buaya and presently known as “Duhol-Duhol”, derived from Siama-Samal word “Tong-Tong”, meaning highest and top leader;
Whereas, it is assured that the strings of Sultanates in the Muslim National archipelagic islands were all inter-related by consanguinity and by blood-relations;
Whereas, His Highness Sultan Sharif Maulana Paduka Ahmad Carpenter Arpa-V Ibni Maharaja Adinda Taup Angging (Anddin) Zein Ul-Abidin is by and of that said consanguinity and blood-relations as by heredity and succession being the present Sultan of Sulu/Mindanao and North Borneo territories;
Whereas, in 1705, Sulu Sultan Sahab’Uddin ceded the Sulu Territory of Palawan to the Spanish Government; one reason why priory Brunei sent Sayyid Nakhoda Perkasa Angging as Maharaja in the Sulus to prevent any possible cession of North Borneo;
Whereas, in 1862, Sulu Sultan Moh. Fadlun, better known as Pulalun signed the Spanish protocol treaty with Spain giving Sovereignty rights or pretensions of Sovereignty to Spain over the Island of Jolo and its dependencies, by when the said Sultan transferred His seat to the Hinterlands of Jolo;
Whereas, in 1865, the United States Consul to Brunei, Claude Lee Moses, obtained a 10-year lease for the territory of North Borneo from Brunei. However, the post civil war of the United States, the United States wanted nothing to do with Asian colonies. So, Moses sold his rights to the Hong Kong-based American Trading. Besieged with financial difficulties, the company had, to its rights on North Borneo consul of the Austro-Hungarian Empire in Hong Kong, Gustavos Baron Von Overbeck. Von Overbeck managed to get a 10-year renewal of the lease from the Temenggong of Brunei, and a similar treaty from the Sultan of Sulu on January 22, 1878;
Whereas, Jamalul Agdam (Azam) came forth presenting Himself as the Sultan of Sulu, signing the leased treaty agreement for perpetuity in exchange for arms and munitions in order to defend themselves from the Spanish Armada forewarned by the two British subjects in gaining the favor of the signing of the lease from the said so-called Sultan of Sulu without the knowledge nor consent of the reigning Sultan Pulalun at the Hinterlands;
Whereas, Jamalul Agdam signed the said treaty, indicating His name as Sultan Jamalul Alam, the supposed son of Sultan Pulalun. Said signing was obviously done about dusk, not being able to offload the said arms and munitions at night, and the intent of the said British Subjects never to deliver the said arms and munitions as for their use in the protection of their North Borneo Company. Evident of the said British Subjects leaving Jolo at about mid-night bringing with them the leased treaty agreement and the said arms and munitions aboard their ship, H.M.S. America, headed for North Borneo. Sultan Jamalul Alam was frowned upon of His actions, that there was never a known grave of him after his death;
(6)
Whereas,Von Overbeck, in order to finance his plans for North Borneo-Sabah, found financial backing from the Dent brothers-Alfred and Edward Dent. However, he was unable to interest his government in the territory. Von Overbeck withdrew in 1880, leaving Alfred Dent in control. Dent was supported by Sir Rutherford Alcock and Admiral Sir Harry Keppel;
Whereas, In July 1881, Alfred Dent and his brother formed the British North Borneo Provisional Association Ltd, and obtained an official royal charter on November 1, 1881 of the same Year. In May 1882, the British North Borneo chartered company replaced the provisional association, Sir Rutherford Alock became the first president, and Alfred Dent became managing director;
Whereas, Inspite of some diplomatic protests by the Dutch, Spanish and Sarawak governments, the British North Borneo Company proceeded to organized settlements and administration of the territory. The Company subsequently acquired further sovereign and territorial rights from the Sultan of Brunei expanding the territory under control to the Putatan river in May 1884, the Padas district in November 1884, the Kawang river in February 1885, the Mantanani islands in April 1885 and additional minor Padas territories in March 1898;
Whereas, In 1888, North Borneo together with Sarawak and Brunei, became a protectorate of Great Britain. Its administration, however, remained entirely in the hands of the British North Borneo Company, with the British crown only reserving control of foreign relations;
Whereas, on January 7, 1883, a letter from the British Secretary of State for foreign affairs, Lord Granville, confirms the position that the “Takeover” of the British over North Borneo-Sabah, a Sulu Sultanate property was a Lease and not a purchase. It states: ”The British charter (representing the British North Borneo Company) therefore differs essentially from the previous charters granted by the Crown….in the fact that the Crown in the present case assumes no dominion or sovereignty over the territories occupied by the company, nor does it purport to grant to the company powers of government, therefore; it merely conveys upon the persons associated the status and incidents of a body corporate, and recognizes the grants of territory and the powers of government made and delegated by the sultan in whom the sovereignty remains vested. It differs also from previous charters in that it prohibits instead of grants a general monopoly of trade. As regards the general features of the undertaking, it is to be observed that the territories granted to the company have been for generations under the government of the Sultanate of Sulu and Brunei, with whom Great Britain has had Treaties of Peace and Commerce.”;
Whereas, In retrospect, the British Foreign Affairs communiqué conceded that the matter of sovereignty remained vested in the Sultanate of Sulu, the Sultan of Sulu, and could not be delegated to any party because the Deed of January 22, 1878 expressly prohibited it;
Whereas, the thorniest item in the North Borneo/Sulu agenda was whether the Overbeck-Dent pact with the Sultan of Sulu was a Lease or Sale. Scholarly sources, including those officially issued by Britain and the United States, pointed out that the sovereignty over North Borneo-Sabah, was never, at anytime in the past and present relinquished in favor of any person, organization, or entity. Thus, the said agreement was merely a Lease;
Whereas, Legally and Technically, it remained to this day as the exclusive property of the sultan of Sulu and Brunei. This statement confirms the observation that the transfer of rights made by the lessees to the British North Borneo Company was Ab-initio, flawed and illegal. Thus, should have never had any binding effect or applicability;
Whereas, specifically, the Deed of 1878 clearly mentioned that, “The rights and powers hereby leased shall not be transferred to another nation or a company of other nationality”, same theme discussed in 1963 when a negotiation was made in London with Britain for the recovery of North Borneo. The British, in defense of their own argument, insisted the covenant entered into by Von Overbeck and Dent with the supposed Sultan of Sulu (Jamalul Alam) in 1878 was a sale and not a lease. Even for example, whereby the 1915 Sultan Jamalul Kiram-II giving up his temporal powers in exchanged for a lifetime pension, could not possibly abrogate the Sultanate of Sulu without the reigning Sultan Pulalun and/or his Maharaja Adinda family concurrences. The said 1878 lease treaty was never concurred by the reigning Sultan Pulalun at the hinterlands, evident of the latter writing a letter of revocation to the lease;
(7)
Whereas, a strong proof in favor of the Sultanate was when U.S. Governor-General Francis B. Harrison on February 27, 1947 furnished the Philippine Vice-President and foreign affairs secretary, Elpedio Quirino, a photostat copy of the Lease Treaty document, which was later translated from Malay language and the Arabic script by Professor H. Otley Bayer of the University of the Philippines. Moreover, Overbeck and Dent, in a statement before the Royal Colonial Institute on May 12, 1886 admitted that the deal they forged with the rightful owners of North Borneo did not forfeit the sovereign rights of the Sultan of Sulu and Brunei (the rightful owners) over the territories administered by the British North Borneo Company. Dent declared openly: “as to the charter, some friends of the enterprise seem to believe that the enormous powers we hold were given by Her Majesty the Queen. It is not so at all. All our powers were derived entirely from the Sultan of Brunei and Sulu, and what the British government did was simply to incorporate us by Royal charter, thus, recognizing our powers, which recognition is to us, of course, of vital importance.”;
Whereas, clearly, the said territory of North Borneo-Sabah do belongs to the Sultan of Sulu and Brunei to the present, and the Sulu Sultanate’s sovereignty was never lost, nor by default; and to the least as by the Carpenter Act of 1915 enacted by Governor Frank W, Carpenter, which stipulated the exemption of North Borneo-Sabah from being under the U.S. administration, but, as still belonging to the Sultanate of Sulu. Thus, in its interpretive letter, legally guaranteeing the preservation and continuing existence of the Sultanate of Sulu and North Borneo-Sabah;
Whereas, in 1704, precautious of North Borneo being ceded by Sultan Sahab’Uddin (ceded Palawan instead in 1705 to Spain), The Brunei Sultan sent the North Borneo owner, Sayyid Nakhoda Perkasa Angging (Maharaja Anddin) to the Sulus to guard against this possibility of cession, given the Brunei Maharaja State Official Flag and the Twin Headed Crocodile/Alligator Flag, as the symbol of the Brunei Sultan’s twin authority to His Nakhoda as Maharaja in the Sulus, while Sayyid Nakhoda Sangkalang stayed in North Borneo guarding against possible encroachment from its Southern part Kalimantan, occupied by the Dutch Colonial Forces who might have had priory promoted the 1678 revolt;
Whereas, the name Maharaja was given to only one of the lineages of the Royal Family, Sayyid Nakhoda Perkasa Angging (Maharaja Anddin) who married Apuh Andun or Mahandun of Karongdong- Luuk, Jolo, and as a result, heir-apparent and/or Sultans under this continued assured line of descendancy append “Maharaja Adinda” as a title to the beginning of their names; Maharaja Adinda Taup, the son of Maharaja Anddin (Sayyid Nakhoda Perkasa Angging) the latter married to Mahandun;
Whereas, the said Brunei Nakhodas were the grandsons of Brunei Sultan Mohamad Shah (Zein Ul-Abidin, Abu’bkr) through Brunei Sultan Ahmad “Amir-Alatas” Uddin who elected another son (Seri Ali) to have succeeded him;
Whereas, Sayyid Nakhoda Perkasa Angging married Apuh Andun or Mahandun of Karongdong (present Luuk Jolo), a Royalty whose Uncle was Brunei Sultan Nassar’Uddin 1690-1705, Apuh Andun’s son was Maharaja Adinda Taup, Crowned Prince and heir-apparent of Sultan Pulalun, the latter being the nephew of Apuh Andun or Mahandun;
Whereas, Maharaja Adinda Taup’s son was Sharif Sultan Imam Ul-Alam Arpa, the successor-Sultan and Highest Spiritual Leader of the Sulu Sultanate who, in 1915, replaced Sultan Jamalul Kiram-II;
Whereas, His Highness’ Grandfather, Sharif Imam Ul-Alam Arpa did replaced Sultan Jamalul Kiram-II, the latter who gave up His Temporal powers to the U.S. Government in exchanged for a lifetime pension and positions of His Datos (direct followers) as Senators and/or Government positions with and under the American administration after the signing of the 1915 Carpenter Memorandum Agreement. However, deduced by the Americans as Highest Spiritual Leader (by which a Sultan is also such, indivisible in nature with its temporal power and position as Sultan), Sharif-Sultan Imam Ul-Alam Arpa standing as the Sultan of Sulu and as also of that said Doctrine of Government and religion, indivisible in nature, and nonetheless succeeding from Sultan Pulalun and the latter’s Crowned Prince Maharaja Adinda (heir-apparent) Taup as by the Rumah Bichara (voice of the peoples) and by consultation with Sultan Pulalun ratified by the Sultan of Brunei ( Sultan Jamalul Alam II), Sharif Sultan Imam Ul-Alam Arpa being the son of Maharaja Adinda Taup;
(8)
Whereas, the Sultanate Government in the Muslim National Archipelago (Philippine Islands) have never lost its Sovereignty and its Government functions are merely suspended due to foreign powers’ administrations;
Whereas, however, looked upon by foreign Sovereign powers as otherwise, lost and being under their Sovereign jurisdiction and/or under its National territorial delimited body politic, this is not true because our Sovereignty and Country was not lost thru default;
Whereas, the Treaty of Paris of December 10, 1898 after Spain’s forceful acquiescence upon the Muslim National Archipelago or so-called Philippine Islands, by when Spain sold to the United States of America for $ 20 Million Dollars in the Treaty of Paris of December 10, 1898, and by which the Sultan of Sulu and titular head of State of the strings of Sultanate Government were not contracting parties, and sold without the knowledge nor consent of said Sultanate Government, its Sultan;
Whereas, the Bates Treaty of August 20, 1899, an agreement between the Sultan of Sulu and the United States Government, later was unilaterally abrogated by the United States Government in 1903 without the knowledge nor consent of the Sultan and/or the Sultanate Government as a contracting party;
Whereas, the 1915 Carpenter Memorandum Agreement, although Sultan Kiram-II did signed, giving up His temporal powers was in no way a default of the Sultanate. It was merely the said Sultan stepping down in exchanged of a lifetime pension, and was replaced by a successor, Sharif Sultan Imam Ul-Alam Arpa deduced to Highest Spiritual Leader by the Americans, that do not have the competence to rule over the said act of deducing a successor;
Whereas, a successor is a successor and the Sultanate State was not abrogated. In abrogating a State, an instrument to be use is an executive order by the Sultan or Sovereign head, and not thru a mere Memorandum (1915 Carpenter Memorandum) demoting of the latter to a position, alike of a Governor;
Whereas, priory Sultan Pulalun after the 1862 signing of the Spanish protocol treaty, giving Spain sovereignty rights or pretensions of sovereignty over Jolo (Sulu), the said Sultan transferred his seat at the hinterlands. When then later in 1878, a self-acclaimed Jamalul Agdam presented himself to two British subjects as the Sultan of Sulu, entered into an agreement, signing himself as Sultan Jamalul Alam as the son of Sultan Pulalun, leasing and delivering North Borneo-Sabah to the British North Borneo Company without the knowledge nor consent of the reigning Sultan Pulalun at the hinterlands;
Whereas, in 1881-1884, Badaruddin-II came forth acclaiming to be the son of Sultan Jamalul Alam (known to have no heir nor children), and acclaiming himself as the next Sultan of Sulu;
Whereas, from 1881 thru 1884, usurpers to the Sulu throne, in conflict as: Alimmuddin, Harun Ar-Rashid and Amirul Kiram Awal-II came forth acclaiming themselves as Sultan of Sulu;
Whereas, Alimmuddin was driven off and/or retracted from his claim and went to Parang, Cotabato and eventually to Tawi-Tawi where he died;
Whereas, Harun Ar-Rashid was proclaimed by the Spanish government in Manila as the Sultan of Sulu as for expediency for the Spanish government’s intents and purposes. Although Harun Ar-Rashid was also driven off, and to Palawan where he retired;
Whereas, in 1884, Amirul Kiram Awal-II proclaimed himself as Sultan of Sulu in the title name as Sultan Jamalul Kiram-II as by his direct followers acclaiming the said sultan as the son of Sultan Jamalul Kiram-I (Muwalil Wasit), which is untrue because the latter is the father of Sultan Pulalun;
Whereas, these said usurpers and/or acclaimed sultans were in total disregard to the reigning Sultan Pulalun seated at the hinterlands, and underming the latter’s existence;
(9)
Whereas, said usurpers aside from being in conflict with one another by which one ruled south of Jolo and the other at the north, did conveniently served in the defense against foreign encroachments while the reigning Sultan Pulalun was seated at the hinterlands and the latter’s Pertama-Prince or Adinda and heir-apparent, Maharaja Adinda Taup, was fighting the Spanish encroachments far reaching the southern coast of Selurong or Luzon;
Whereas, Sultan Jamalul Alam’s claimed as the son of Sultan Pulalun was not legitimate for whether Sultan Pulalun either had a son or not, the latter had already proclaimed his successor heir-apparent Maharaja Adinda Taup in 1859, the father of Sharif Imam Ul-Alam Arpa, His Highness’ grandfather. Evident of Sultan Pulalun writing a letter of revocation to the leased treaty agreement between Sultan Jamalul Alam and the two British Subjects by which was not heeded upon by the British North Borneo Company;
Whereas, evident that the said sultans were usurpers from the 1878 Jamalul Alam, 1881 Badaruddin-II, Alimmuddin, Harun Ar-Rashid and to the 1884-1915 Amirul Kiram Awal-II or Sultan Jamalul Kiram-II was the visible presence of the reigning Sultan Pulalun and his Adinda heir-apparent, Maharaja Adinda Taup in 1899 with American Military U.S. Government Representative meeting (appertaining plan to remove Sultan Jamalul Kiram-II in stepping down to surrender) at the hinterlands after the Treaty of Paris of December 10, 1898 and then later the 1915 Successor-Sultan Sharif Imam Ul-Alam Arpa (son of Maharaja Adinda Taup) replacing Sultan Jamaulul Kiram-II (surrendered his temporal powers in exchanged for lifetime pension) and the said Sharif-Sultan succeeding as the tacit Sultan and Highest Spiritual Leader of the Sultanate of Sulu and North Borneo-Sabah while under the American administration of the Department of Mindanao and Sulu, with the popular support of the peoples, and as concurred by Sultan Pulalun at the hinterlands and his Adinda with the solemn ratification of the Brunei Sultan Jamalul Alam-II; moreover, the 1921 Declaration of Rights and Purposes submitted in 1926 to the U.S. Congress; are indicatives, as well, that the Sulu Sultanate did not default nor lost its sovereignty;
Whereas, the 1915 Successor-Sultan Sharif Imam Ul-Alam Arpa promulgated the developments of the Sulus; were acts of sovereignty and political will and as by the Declaration of Rights and Purposes were clearly indicative of the Sultanate government never lost its sovereignty nor the abrogation of its state by default; and evidently shows that so-called sultans as Jamalul Alam (Agdam/Azam), Badaruddin-II, Alimmuddin, Harun Ar-Rashid and Jamalul Kiram-II (Amirul Kiram Awal-II) were , if not, usurpers;
Whereas, that is why the Sultanate was not abrogated nor was it in default. Moreover, when Governor Carpenter of the United States Government enacted the Carpenter Act of 1915 stipulating the exemption of North Borneo-Sabah being under U.S. administration, but as still belonging to the Sultanate of Sulu. Thus, in its interpretive letter, legally guaranteeing the preservation and continuing existence of the Sultanate of Sulu and North Borneo, the State;
Whereas, the Sultanate never lost its Sovereignty, nor its State and Country thru default. To default is to acquies or surrender tacitly and/or estopled and not to pursue its claim. And moreover the Sultanate profoundly recognized as a dejure Sovereignty by entreaties entered with into treaties before and after the Treaty of Paris of December 10, 1898;
Whereas, after the death of Sultan Jamalul Kiram-II in 1936, the leased rental payment ceased, as to the controversy of who would receive the yearly annuity of North Borneo-Sabah, having no heir coming forth from Sultan Jamalul Kiram-II, known to have none. While the heir/s of Sharif Sultan Imam Ul-Alam Arpa (died in 1934) could not possibly claim being inducted into the U.S. Army and not having been notified and not having knowledge of the said death of the Sultan pensioner, during that time of the advent to the beginning of world war-II;
Whereas, in 1939, the British High Court in North Borneo, considering the said controversy, and without the technology in telecommunications at that time and taking into account that the 1915 Carpenter Memorandum was a default of the Sulu Sultanate, passed judgment for any Kiram heir/s who would in the future claim of said annuity. That high court decision being a mistake, had it only known of Sultan Jamalul Kiram-II having had no heir, nor could not be from an allege brother, known as Muwalil Wasit (Sultan Jamal Ul-Kiram-I the father of Sultan Pulalun) said judgment should have reverted to the heir/s of Sharif-Sultan Imam Ul-Alam Arpa considering the said Sultan Kiram-II was replaced by Sharif-Sultan Imam Ul-Alam Arpa the latter who have implemented the development of the Sulus and the literacy campaign for his peoples. Governor Carpenter working with the Sultanate Sharif Sultan and Highest Spiritual Leader, Sulus development;
(10)
Whereas, it took 21 years later in 1957 that the present Kirams filed a claim for the said annuity as private heirs and not as successor to sovereignty-which was not in issue. Moreover, with the total disregard to the fact that the 1915 Sultan Kiram-II was replaced by Sharif Sultan Imam Ul-Alam Arpa, the said Highest Spiritual Leader;
Whereas, in 1962 and in 1969, the Kirams gave the GRP an irrevocable power-of-Atty, transferring their supposed sovereignty to GRP claims over North Borneo to be under Philippine Sovereignty, which almost brought the Philippines and Malaysia to the brink of war, the latter having known of the secret “Operation Merdeka” of Pres. Marcos to take North Borneo-Sabah by force using Sulu Muslims first made to have understand of such plans against the communists. The Sulu Muslims were massacred when they learned and declined of such plan, not against the communists, but instead against brother Muslims in taking North Borneo-Sabah by force to be under Philippine Sovereignty. This massacre was known as the “Jabidah Massacre”. The said massacre prompted the emergence of the MNLF-Moro National Liberation Front;
Whereas, in 1968 His Highness’ Father Col. Sharif Carpenter “Utong” Arpa-I established the Sultanate of Zamboanga and Basilan which in 1976 became a sort of “Bridge” between the GRP and the MNLF. Being instrumental in the Peace negotiation with Admiral Espaldon of the GRP and Nur Misuari of the MNLF for Autonomy in the Mindanao and Sulu, however, instead resulted to the Tripoli agreement for the Autonomous Region for Muslim Mindanao or ARMM. About eight months later, the GRP retracted breaching its agreement. On or about 1994, the ARMM was finally given, but under GRP administration causing some MNLF members to have left for the wanting of total autonomy and creating the Moro Islamic Liberation Front or MILF;
Whereas, His Highness’ father Col. Sharif Carpenter “Utong or Untong” Arpa-I establishing the Sultanate of Zamboanga and Basilan was a clear manifestation of the Sulu and Mindanao-Maguindanao Sultanate’s authority upon its Moro Regional Capital and upon its territories and its tacit Sultan’s acts of sovereignty and political will, not registered with the foreign Philippine Securities and Exchange Commission-SEC nor as an NGO;
Whereas, in 1996, a Final Peace Agreement was signed between the GRP and MNLF for supposedly genuine autonomy for Sulu and Mindanao, but instead is on a balance due to GRP catering to other matters as the MOA with the MILF;
Whereas, continued negotiations between the GRP and MNLF, brokered by the international community and hopefully should eventually lead to affirmative answers, ultimate peace solution and a contributing factor to the self-determination of the Sultanate of Sulu/ Mindanao and its territories;
Whereas, the 1962 and 1969 irrevocable Power-of-Atty. by the Kirams as the supposed sovereign Sultan of Sulu surrendering their sovereignty to the GRP for GRP claims over the territory North Borneo-Sabah is unfounded and unwarranted;
Whereas,in the Kiram’s Case, sovereignty as such was not in issue… Filed a claim for proprietary rights as the supposed heirs of the 1915 Sultan Jamalul Kiram-II… and even if sovereignty had been put in issue, that court, under international law, did not have the competence to rule on the question of sovereignty. So, whatever decision that British Court, by where Chief Justice Macaskie may have promulgated in 1939 does not bind the Sultanate of Sulu and North Borneo-Sabah, nor does it bind the Philippine republic, the latter being given by the Kirams an irrevocable power-of-Atty to claims over North Borneo-Sabah. And GRP claims over North Borneo-Sabah by virtue of said power-of-Atty, the GRP claimed that in 1915 these said heirs-Kirams abided to the Memorandum directive (Sept. 20, 1936) of President Quezon, as indicated by Philippine Senator Sumulong; that, the Philippine Government, in 1915, was the successor in sovereignty to the Sulu Sultanate that had supposedly passed out of existence, and that the Philippine Government was entitled to receive the yearly leased rental payments of North Borneo-Sabah, but having allowed Sultan Jamalul Kiram-II receiving it till the latter’s death in 1936, and having made no claim after 1936 death of the said Sultan; and a Philippine court having declared the plaintiffs (Kirams) to be private heirs of the said Sultan, entitled to the yearly payment, the Philippine Government must have deemed to have waived its right to the yearly payment in favor of the said private heirs;
(11)
Whereas, having accepted the said decision which declared the 1878 contract (Leased Treaty Agreement of North Borneo-Sabah) to be a cession in perpetuity, and having issued receipts in writing acknowledging the yearly payments to be cession monies, how can these said heirs (Kirams) say that the contract was a mere lease. And having accepted the said decision which declared that these said heirs have the only right to receive the yearly payment, how can they (said heirs-Kirams) now contend that they have the right to terminate the 1878 leased contract, which they now alleged to be a mere lease, demand for the restoration of North Borneo;
Whereas, these said heirs having accepted the said decision which declared them to be mere private heirs of Sultan Jamalul Kiram-II entitled to 1/24 of the yearly payment, how could it be in September 1962 claimed to be the new Sultan of Sulu and as such empowered to represent the Sultanate of Sulu in ceding North Borneo to be under the sovereignty and a political component of the Philippine Republic;
Whereas, these said heirs of Sultan Jamalul Kiram-II who through their Lawyer wrote in February 1962; to the Philippine Department of foreign affairs offering to transfer their claim of sovereignty over North Borneo to the Republic of the Philippines, reserving to themselves their proprietary claims. This offer was agreed to by President Diosdado Macapagal and so, to give semblance of legality to the transfer of sovereignty sometime in September 1962, it was proclaimed that the Sultanate of Sulu is existed with Ismail Kiram as the new Sultan of Sulu and as such he signed the deed of cession transferring the claim of sovereignty to North Borneo (Sabah) to the republic of the Philippines;
Whereas, it was made to have appeared that, the Sultanate of Sulu State, its sovereignty to North Borneo was transferred to another sovereign state, the Republic of the Philippines. It was designed to produce the effects of a treaty of cession just like the Treaty of Paris of December 10, 1898, whereby Spain ceded the so-called Philippine archipelago (Muslim National Archipelago) to the United States;
Whereas, can the President of the Philippines enter into such Treaty of cession without submitting it for ratification by the Philippine Senate. It is clear that under Philippine constitution, such a treaty cannot take effect until ratified by the necessary 2/3 vote in the Senate… if the Treaty of Paris whereby Spain ceded the Philippines to the United States had to be ratified by the U.S. Senate, (which it should) how can President Diosdado Macapagal Dispense with the constitutional requirements of the Senate ratification for this cession of North Borneo by the Sultanate of Sulu to the Philippine Republic;
Whereas, in essence, the 1939 High court decision in favor of the Kirams’ claim as private heir is virtually a mistake, in total disregard to the successor-sultan and highest spiritual leader. The Kirams’ claimed as private heir/s is, if not, a mistake too considering that the 1915 Sultan Jamalul Kiram-II had no heir as of the historical translation and facts; moreover, their claiming to be The Sultan of Sulu is also virtually dead due to the said Sultan Kiram-II who surrendered his temporal powers in the 1915 Carpenter Agreement with his signatories as Haji Buto Abdulbakie Rasul, brother Gulamu Rasul and other of their datos stepping down in exchanged for a lifetime pension and/or positions with the Department of Mindanao and Sulu under the U.S. Administration, while replaced by Sharif Sultan Imam Ul-Alam Arpa, the latter deduced as highest spiritual leader and made as Municipal President, and his father, Maharaja Adinda Taup, as Panglima or as Governor under the Department of Mindanao and Sulu under U.S. Administration;
Whereas, the present Kirams giving up their supposed sovereignty to the GRP thru an irrevocable Power-of-Atty in 1962 and in 1969 for GRP claims over North Borneo-Sabah to be under Philippine Sovereignty and given GRP positions while reserving to themselves their so-called “Proprietary Rights” as the supposed private heirs of the 1915 Sultan Jamalul Kiram-II and as its annuity receiptient of the 1878 lease treaty agreement of North Borneo-Sabah. Thus moreover, voids any Kiram claim;
(12)
Whereas, the sovereign state of the Sultanate of Sulu and North Borneo-Sabah is existing to this day with the rightful heir, by succession and by heredity through and from Sharif Sultan Imam Ul-Alam Arpa, the latter being His Highness’ Grandfather, who succeeded His Father, Maharaja Adinda (heir-apparent) Taup, the first cousin and Highest Crowned Prince-Pertama of Sultan Pulalun; and the Sulu Sultanate existing as by entreaties and/or entered with by treaties, as the 1915 Carpenter Act, in its interpretive letter, legally guaranteeing the preservation and continueing existence of the Sulu Sultanate sovereign State, the 1915 Carpenter Memorandum Agreement recognizing the dejure Sovereignty of the Sulu Sultanate, and the Bates Treaty of August 20, 1899 profoundly recognizing the dejure sovereignty of the Sulu Sultanate State after the fact of the December 10, 1898 Treaty of Paris by when Spain sold the Muslim Sultanate Archipelago or so-called Philippine Islands to the United States without the knowledge nor consent of the Sulu Sultanate Titular Head of State, nor of the strings of Sultanates by consanguinity;
Whereas, President Diosdado Macapagal enacted the GRP RA-4166 changing the Philippine Republic’s independence from July 4, 1946 to June 12, 1898, moreover, clearly excludes the Muslim Sultanates National Lands and Territories from the Philippine Republic because when General Aguinaldo declared that said day of independence, the Muslims were not free and were still at war fighting foreign encroachment in the Southern Archipelago on June 12, 1898 defending our Sovereignty;
Whereas, the 1987 GRP Constitution, its framers used the archipelagic theory to delineate and redefined the present Philippine Republic’s National Territory, instead of using the 1898 Treaty of Paris, as the legal cornerstone for definition and delineation of its National territorial limits which does not specify the inclusion of the Sulu/Mindanao. The non-reference or casting aside of Article III of the Treaty of Paris in the 1987 GRP Constitution, evidently showed to have illegally included the Mindanao and Sulu, in the 1935 to 1971 GRP constitution;
Whereas, considering the unwarranted Treaty of Paris of December 10, 1898, the Sulu/Mindanao Sultanate is still at its ancient monarchial statehood and sovereignty; reverted to the latter by the 1987 GRP Constitution;
Whereas, the 1987 Philippine constitution non-invocation of Article III of the Treaty of Paris clearly affirms that from 1935 to 1971 unlawfully made the Mindanao and Sulu lands and territories, a political and territorial component of the Philippine Republic. Constitutionally, the Islamic Sultanates’ States, moreover, regained its total independence from the Philippine Republic administering upon it and which also re-assumed its pure state of colonial composition as in the Spanish Era, and its political character in the Muslim National Archipelago that was being attemptively conquered, colonized and Christianized. Moreover, the Spanish Cortes-the law making body of Spain refused to sign the sale of the said Muslim National Archipelago, in the Treaty of Paris, making its transfer to U.S. Administration moreover unwarranted and unfounded;
Whereas, the Sulu Sultanate Territory of North Borneo, presently under the Administration of Malaysia, Malaysia have no valid claim or right to have taken over North Borneo, nor did Indonesia with Southern Borneo or Kalimantan. Malaysia and Indonesia cannot ensure for long the security of North Borneo and South Borneo-Kalimantan, respectfully. Evident of the Kalimantan revolutions and its people Suluans, for a free people that is being administered upon, monopolized and treated as second class citizens, for a free people in a free world;
Whereas, a profound and farsighted contemplation of the present and potential security in the whole region will conclusively support judgment that the restoration of North Borneo, Kalimantan and the rest of the Sulu Sultanate/Mindanao territories, be return and would be the durable measure that could best ensure the betterment of its peoples, with the return of its total sovereignty and total independence, and to guard against territorial disequilibrium and restlessness in the area/s, and could constitute the firm and stabilizing factor to the better security of its peoples and of the region;
Whereas, the Philippine Republic, Malaysia and Indonesia having placed some of the Sulu Sultanate’s lands and territories as part of theirs, national territory, are not in accordance with the principle of self-determination(which is the accepted way out of colonialism), based on an expedient of false security;
(13)
Whereas, it is imperative that the Sulu Sultanate claim be, because Kalimantan and North Borneo, with the rest of the Mindanao and Sulu Sultanate territories cannot be by itselves Independent, but part of the Sultanate of Sulu. The Sulu Sultanate territories placed under another state have no valid reason why, with the legal and historic basis of His Highness, the Sultan of Sulu-the Sultanate of Sulu and considering that Kalimantan and North Borneo with the rest of other territories of Tawi-Tawi, Palawan, Sulu, Basilan, Zamboanga Peninsula and the rest of the Mindanaos are contiguous with each other, the Sulu Sultanate territories, and vital to its security, these said territories should be return to its sovereign state, the Sultanate of Sulu, and Mindanao-Maguindanao, the latter as by consanguinity;
Whereas, the Sultan and His Highness’ peoples expect your exploring in amity and in good faith, all issues of the Sultanate of Sulu/ Mindanao, Muslim Sultanate lands and territories and to devise first a short-range solution to the question of the Sultanate of Sulu and its territories and eventually a permanent one that would ensure the stability, peace and security of the state and of the region as a whole;
Whereas, in the claiming to recover His Highness’ ownership and sovereignty upon the rest of His Highness’ monarchial territories, His Highness and His peoples recognizes the pursuance of our historic and legal rights, and interest, and security, the cardinal principle of self determination of which His Highness, the Sultan of Sulu, is asserting in this legal and valid claim;
Whereas, for the genuine Stability, Peace and Security for the Mindanao and Sulu, its developments, the Sultanate cause for self-determination should be heeded upon as it is the most rightful persuasion for its return of total Sovereignty and Independence that would ultimately mull the Peace and Order problem in the Mindanao and Sulu, Sultanate Lands and Territories;
Whereas, Rightful as it is valid, as of its historical rights and legal basis, the Sultanate as the rightful government;
Whereas, the Philippine Republic and the United States, as by United Nations Constitution, to return the Sultanate’s total Independence and its sovereignty to full extent with the recognition of His Highness, the Sultan, and His existing State;
Whereas, His Highness’ father was having been prevented to come forth to the throne due to being in the Philippine Constabulary and priory with the U.S. Army or USAFFE since 1937 after initially being with the Moro Constabulary created by the U.S. Dept. of Mindanao and Sulu under U.S. Administration or Commonwealth government by which President Quezon of the first Philippine Republic issued a directive on September 20, 1936 that anyone in Mindanao an Sulu shall ceased of being a Dato and/or Sultan, and or any sultanate government shall be reprimanded. His Highness’ father would have face charges of mutiny and sedition, if he did come forth and/or while in-service with the Moro Constabulary, U.S. Army and Philippine Constabulary. That is why his highness’ family were forced to go at parallel sovereignty, as Ambassador Plenipotentiary Pullong “Fudlun-Pulalun” Arpa who had sponsored Muslims from Mindanao and Sulu with his counterpart Senator Domacao Alonto to the prestigious Al-Adzhar University at Cairo-Egypt while establishing diplomatic foreign relations with Muslim countries by entreaty and treaties made now benefiting Philippine Muslims and Muslims of Mindanao and Sulu as OFWs (contract workers) to these said countries, contrary to Philippine President Quezon’s policy to attract our Muslims away from Malaysia and the Muslim world, and as tacitly adapted by some prior Philippine Presidents;
Whereas, present Usurpers coming forth and acclaiming to be Sultans of Sulu, a principality created by them to the notion that the Throne was vacant, while His Highness and/or His family were at parallel acts of sovereignty and political will for the Raayats- peoples of the Sultanate territories;
Whereas, likewise such principality created of the plebiscite in North Borneo-Sabah to becoming a national territory of Malaysia succeeding the 1878 Leased Treaty rights from Great Britain and from the original treaty rights of the said two British subjects, is unfounded;
Whereas, principalities created by said usurpers and said plebiscite are politically having undermined His Highness’ existence as rightful heir and Sultan of Sulu, its rightful government of the Sulu Sultanate territories as by succession, heredity and consanguinity;
(14)
Whereas, His Highness, as Sultan and sovereign head of the Sultanate of Sulu and North Borneo-Sabah and territories as by consanguinity, its peoples to reunite with one voice, one breath in support to His Royal Highness, Sultan Sharif Maulana Paduka Ahmad Carpenter Arpa-V, the Sultan of Sulu territories in bringing about the return or total sovereignty and independence of His Highness’ Country, State and Nation;
Whereas, government positions in the present Philippine Republic, Malaysia and Indonesia administering upon its respective Mindanao and/or Sulu Sultanate territories shall remain same under the Sultanate government, and shall be reconstructed as deem with some amendments and by appointments, if necessary;
Whereas, if whosever so obdurate and numb (Matugas heban banhud waiy pikilan) to His Highness’ Rightful Persuasion, that other nation’s sympathy could not warmth him cozily, His Highness as of His Race (Pihak) and as vicegerent reminds: “If he or they steals, there was a brother or family of his or them who did steal before him or them”. :Surah 12:77:1747. But these things did keep, His Highness, locked in His heart, revealing not the secrets to them;
Whereas, we cannot redeem our kingdom unaided, and your spirit, your age and your valor (Audacious bravery) have given His Highness more confidence for it matters not whether foreign dominion upon us, our lands and territories had arisen then from either conquest or by compact, but these should end now for our sovereignty, our peoples and our culture are eternal, and with His Highness’ Leadership-Management to work together for our self-determination ( which is the accepted way out of colonialism), our cause, and protecting our unalienable rights, dignities and the undeniable support to His Royal Highness on His Honorable cause towards the Return of Total Sovereignty and Independence of the Sultanate of Sulu and North Borneo-Sabah and its territories as by consanguinity, in the way of Allah;
Whereas, the Sultanate’s “Preamble” depicts and indicates its State historical facts as part of its preliminary statement in its constitution, as of that light that first shined upon us some 500 years before our lands and territories had fallen under foreign encroachments and foreign sovereign jurisdiction/s, which was no ordinary light, but the light from the Prophet-Nabi bloodline bringing upon us the “Door to Mecca”, and unto the basis of the existence of our Sultanate State by which was founded on the basis of our religion (Islam) and not by terror and war;
Whereas, the Sultanate State by which our principles of governance attributes its authority directly to Allah through Islamic Shari’ah law which upholds and/or observes the unity and sovereignty of Allah or Tawhid, rejects the notion of the separation of religion and government, and by which the concept of a Islamic Sate asserts that such kind of political organization have the characteristics that conforms to Qur’anic teachings and principles. The Importance of what the Sultanate, the dictates of the Holy Quran is not what form of government, but however greatly emphasizes the nature of its society;
Whereas, the Mindanao and Sulu Sultanate and its territories, an Islamic Sovereignty state was raised to the pinnacle of importance and seriousness in relation to Spain’s claimed of sovereignty over this Independent political entity leading to its irregular cessions to other foreign powers by the Treaty of Paris of December 10, 1898, and eventually the incorporation into with the Philippine Republic. Synonymous of North Borneo-Sabah with Malaysia, and Kalimantan with Indonesia, administering powers. Presently, His Highness’ very strength for which He strives shows our peaceful disposition thru this Resolution;
Whereas, in the prosecution of His Highness’ legal and valid claim, His Highness will do acts of sovereignty and political will, doing any such as, flying our National Flag and Flags of Ancestral Authority, never to sacrifice His Highness’ Seal and Ancestral Flags of Authority and for the upliftment and alleviations of His Highness rights and dignities and of His Highness peoples, establishing diplomatic relations with other head of state, as deemed;
Whereas, doing any such acts of sovereignty clearly of His Highness’ presence and the existence of His Highness’ State;
(15)
Whereas, His Highness the Sultan Suluk Negara by or with entreaty in order to secure His State will desire the appointment of Bruneian advisers and residents. The Sulu Sultanate, its territories of Sulu, Basilan, Palawan, Tawi-Tawi and the Mindanaos(as by consanguinity) to be drawn gradually from GRP administering powers. While North Borneo-Sabah from Malaysia and Kalimantan from Indonesia entailing the semi-internal independence of the Sulu Sultanate and its Government functions towards its total extent that has been suspended under Foreign Powers’ Administrations;
Whereas, this will not derogate overtly the residency period; Brunei could treat the Sulu Sultan in Public, with the difference due to the highest authority in the Sulu Sultanate State in whose name all laws are to be enacted and/or re-enacted;
Whereas, as head of State, His Highness’ primary duty is to govern in such a way as to ensure the welfare of His highness’ peoples, according to their respective status in the society. In return, His Highness the Sultan of Sulu will be entitled to certain forms of revenue collections and to conduct foreign relations, and as the symbol of Muslim dignity and of His Highness’ people’s dignity, unity and the legitimacy of His Highness’ existing State;
Whereas, other residents and advisers from Malaysia, Spain, Indonesia, Philippines and the United States of America are deemed favored, and Brunei to take a handle of its promulgations altogether, and the United States to provide security management in protecting the Sulu Sultan and territories of His Highness, and His peoples;
Whereas, promulgations in having to affect the economy of the Sulu Sultanate State, its Government, to enable the obligatory norm of such a Monarchy providing social welfare indemnity-pension for its citizens 30 years old above, education, medical, dental and housing projects; and for the Sultanate State being able to stand on its own as by United Nations constitution;
Whereas, as well Spain and the United States together in establishing the Sulu Sultanate of its armed forces inclusive of military equipment and training of its Royal Armed Forces Personnel;
Whereas, primarily economy for the Sultanate State shall be edified by support of the aforesaid two countries, and the United Nations, spearheaded by the United States to include concessions and/or of similar nature as promulgated by Brunei;
Whereas, H.R.H. Sultan Sharif Maulana Paduka Ahmad Carpenter Arpa-V is coming forth as the heir without choice as by the death wish of His father, passed down to him from our forefathers/forebears who did ruled the said territories. His Highness, cordially is of the wanting of the edification of His Nation, country and State, and territories-as by consanguinity; as restitution and moral compensation to His State and Nation for the undermining veracity and the lost of jurisprudence it had suffered in the past century or more of foreign encroachments, and of under foreign Sovereign powers administering upon His country and Nation, its State and territories, and territories by consanguinity. But we have moral jurisprudence which is the most accepted way;
Whereas, presently the Sulu Sultanate, its lands and territories and territories by consanguinity under foreign administering powers and sovereign jurisdiction, its government functions, suspended since foreign powers’ administration; now, therefore, be it resolved by the Royal House of the Sultanate of Sulu and North Borneo, with its territories and territories as by consanguinity, that it is in the sense of the Royal Sultanate of Sulu and North Borneo-Sabah that the latter, subject to the leased rights of the British Government, presently now, the Leased Rights of Malaysia, and the territories under GRP administering powers; territories of Sulu, Tawi-Tawi, Palawan, Basilan and tributary trust territory of Jambangan-Zamboanga Peninsula, and the Mindanaos as by consanguinity, aswell as the territory of Kalimantan under Indonesia administering powers and adjoining islands as: the Spratley islands group to Balabac island group of the Palawan territory, Caragas of Eastern Mindanao territory, Miangas island group of Southern Mindanao territory, group of islands in the Moro Gulf and Sulu Seas, Makassar Straits and Karimata Straits of Kalimantan and North Borneo, territories; belongs to His Highness the Sultan of Sulu Negara (territories), the Sultan Suluk Negara (Sultan of Sulu Territories), Sultan Sharif Maulana Paduka Ahmad Carpenter Arpa-V, and falls under His Highness’ ultimate sovereignty;
(16)
Whereas, the Sultan Suluk Negara to exhort the Governments of the Republic of the Philippines, Malaysia, United States, Spain and Indonesia, suitable steps for the restoration of the ownership over the Sultanate of Sulu and North Borneo-Sabah, and its territories, the recognition of its sovereignty, the Sulu Sultanate and its sovereign Jurisdiction over same; the Sultan of Sulu cordially exhorting the aforesaid countries; its Presidents and Sovereign heads to inform the United Nations and the Organization of Islamic Conference of such action of their support to His Highness, the Sultan of Sulu, may take relative hereto, and, if necessary, the Sultan to cordially recommend to the aforesaid countries, and the GRP-President, Malaysia’s and Indonesia’s any such measures as may be expedient to carry out the import of this resolution; which is not dismembering their countries, its delimited body politic or territorial components considering on the account of the Treaty of Paris of December 10, 1898 and entreaties entered into with treaties profoundly recognizing the dejure sovereignty of the Sultanate of Sulu and North Borneo-Sabah, before and after the fact, the December 10, 1898 Treaty of Paris.
The Sultan and His Highness’ peoples expect the exploring in amity and good faith the issues of the Sultanate of Sulu/Mindanao (as by consanguinity) and its territories, the Muslim Sultanate lands and territories and to devise a short-range solution to the question of the Said Sultanate and eventually a permanent one that would ensure the Stability, Peace and Security of His Highness’ Monarchial Sultanate Islamic State and of the region as a whole.
The United States of America, a nation reputed, revered and recognized as the greatest power on earth, the most civilized and politically advanced, a staunch advocate and exponent of human rights, civil liberties and of democratic ideals and traditions should initiate a long due political and diplomatic initiative to restore and to bring about the return of total independence and total sovereignty of the Sultanate of Sulu/Mindanao (as by consanguinity) and its territories, its country and State if the United States of America is true to their universally-flaunted and very much-peddled reputation in human rights, social justice and democracy;
It is totally indefensible of Spain of its encroachment and forceful acquiescence upon the Muslim National Archipelagic islands or so called “Philippines” and to later have ceded it to the United States in the Treaty of Paris of December 10, 1898 without the representation of the Sultanates’ Titular Head of State, the Sultan, nor as a contracting party. Totally indefensible of the United States in turn to have incorporated the Mindanaos and Sulus in the making of the said archipelago into with the Philippine Republic on July 4, 1946, also without the representation of the Sultanate’s Titular Head of State, the Sultan, nor as a contracting party. Present sovereign powers administering upon the Sultanate lands and territories, and territories as by consanguinity, might just be as culpable as Spain and the United States.
In Mindanao and Sulu, the United States with its Hubristic and Dogmatic divestment of its temporal powers and all its sovereign pretensions under the 1915 Carpenter Memorandum, the United States also illegally and unjustly took possession of the Royal Domains of the Sultan of Sulu and the Sultan of Maguindanao (Mindanao), the latter by consanguinity, and deduced them and/or their heirs to the status of “endangered species”. In opinion, exactly the same fate suffered by the American Indians when their ancestral homelands were plundered and taken over during the “wild west”, the frontier period characterized by roughness, lawlessness and barbarism.
The improprieties, indignities, ideological violence, and power abuses of the United States against the Mindanao and Sulu Islamic State (which had not committed any act of provocation nor violated any provisions of international law), justifying and compelling American Military invasion and occupation; must be brought to the attention of the civilized world of nations, particularly the Organization of Islamic Conference and the United Nations. Sulu and Mindanao were not at war with the United States. We were not belligerent or hostile to the Americans and were neutral states during the war between the Republic of Gen. Emilio Aguinaldo and the United States at the time. Sulu and Mindanao were only at war with Spain and not with the United States. However, our territories were treacherously invaded without a formal declaration of war from the U.S. Congress as what was done with Spain. The Sultanates of Mindanao and Sulu could have prepared ourselves for such eventuality had a formal declaration of war was issued by the U.S. congress against us, being an independent and sovereign states/s, at the time having regained our statehood and sovereignty from the subjugation of the Spanish Crown, prior to the sneak arrival of the United States forces into our lands and territories.
The United States Military Forces without any valid and legal justification intruded into the territorial domains of the Sultanates of Sulu and Mindanao, and imposturiously claimed sovereignty and ownership of the state/s by virtue of the Treaty of Paris of December 10, 1898, which had no binding effects or applicability over these sovereign and independent monarchial states.
(17)
The cession and sale of the Sultanate Muslim National archipelago or so-called Philippines in the Treaty of Paris between Spain and the United States was a political and mercantile transaction patently null and void for the said archipelago was not a territorial possession of Spain either by conquest or purchase. If the legal basis for the cession and sale was the “law of Krag”, the “law of Nations” which is embodied in the 1787 U.S. constitution states that only contracting states are bound by the provisions of a treaty. The Sultanates in the Muslim national archipelagic islands or so-called Philippines, particularly the Sulu and Mindanao sultanate, were not contracting parties nor signatories, nor third state to the Treaty of Paris of December 10, 1898 concluded between Spain and the United States. The Sultanate of Sulu and Mindanao are not bound by this particular treaty when we were not even consulted, nor informed, nor even just represented during its negotiation.
The 1915 Carpenter Memorandum, a desperate attempt by the United States to try to abrogate the Sultanate deducing the Sultan and/or his successor to Highest Spiritual Leader; nothing in the agreement and/or in Governor Carpenter’s 1915 annual report indicated the quid pro quo (something given or received/ or something) on the part of the Government negotiations respecting the quid pro quo apparently delayed the full effect of the 1915 Carpenter Memorandum.
The Sultan stepped down and replaced by a successor deduced to Highest Spiritual Leader (Sharif Sultan Imam Ul-Alam Arpa) and the relieved Sultan Jamalul Kiram-II was given a continuance/or life of His annual pension. In 1917, the Philippine legislature passed Act no. 2722 granting to the said Sultan usufruct of certain lands of public domains on the islands of Sulu as indicated in the commentary of author Peter Gordon Gowing of the book, Mandate in Moroland, copyright 1983, page 287, paragraph 3.
Clearly, the granting to the said Sultan usufruct of certain lands of public domain was, if not, concrete proof that the United States Government under the 1915 carpenter agreement already have had confiscated the royal territorial domains of the Sultan of Sulu and/or His successor and converted the entire Mindanao and Sulu archipelago into public lands as part of the department of Mindanao and Sulu, a political principality created in violation of article IV, section 3 of the U.S. 1787 constitution; and making the Highest Spiritual Leader and/or successor-Sultan Sharif Imam Ul-Alam Arpa as Deputy Governor and/or Municipal President under the Department of Mindanao and Sulu.
His Highness, the Sultan Suluk Negara, admittingly is not an expert in international law or jurisprudence being a non-lawyer. However, with moral jurisprudence, this does not prohibit nor hinder His Highness in exhorting His legitimate legal valid claim that pertains to the exercise and protection of His Highness; people’s basic human rights, civil liberties, our dignities as Muslims and the Sultanate country’s right to exist and/or continuing existence as a Sovereign State.
The United Nations constitution stipulated for its members, that….”ALL MEMBERS SHALL REFRAIN IN THEIR INTERNATIONAL RELATIONS FROM THE THREAT OR USE OF FORCE AGAINST THE TERRITORIAL INTEGRITY OR POLITICAL INDEPENDENCE ON ANY STATE OR IN ANY OTHER MANNER INCONSISTENT WITH PURPOSES OF THE UNITED NATIONS.’
The charter of the United Nations was signed on June 26, 1945 for the preservation, stability, peace and security of nations eleven months earlier before the United States granted self-government to the Philippine Republic on July 4, 1946 and annexed the Sultanate of Sulu and Mindanao and strings of Sultanates in the Muslim National Archipelago against the popular will of its peoples or so-called Moros, in violation of Article IV, section 3 of the U.S. 1787 Constitution and the declaration of purposes and principles of the United Nations (chapter 1 of the charter) to which the United States of America was a signatory being one of the 51 original members.
Sovereign States are, if not, the essence of the United Nations or UN coming to existence for the purpose of the Stability, Peace and Security, and Preservation of Nations and Countries. Although a nation and country might not be a member state, for some reason, that kept the world so largely and distant, the Sulu and Mindanao Sultanates would have already been a member state, if opportunity had arise. But just the same, the Law applies.
Without the formal abrogation, abdication and official act or rite of integration and incorporation of the Mindanao and Sulu Sultanate lands and territories by its supreme leader, the Sultan, with the full concurrence of all His Datos in the Executive, Legislative and Judicial branches of the Sultanate Government of Mindanao and Sulu, a Monarchial Government into the body politic of the Philippine Republic; all principles of logic and academic discourse, upholds the argument that the Sultanate of Sulu/Mindanao (as by consanguinity) and its territories remains a Sovereign and Independent State. And as by the;
MAHARLIKA KINGDOM
Royal Nobility
Maharlika was a Kingdom of Royal Nobilities wherein its rulers were of bloodlines of the Holy Prophet.In the 9th to the 12th century with India’s Majapahit Empire of Maharaja Pamarwasa, the latter’s suzerainty upon the territories also referred to as the Sri Vigaya Empire, a Satellite Empire of the Majapahit’s, under a kinship, King Luisong Tagean Tallano, comprising of Selurong-Luzon, Vigaya-Visayas, Maguindanao-Mindanao, Sulook-Sulu, Malayas-Malaysia, Bulongan-Brunei, Johore-Singapore and extending eastward to Ladrones-Guam, Carolines Islands and Havvaii-Hawaii.
The people’s religion was Hindu as State religion however there were others as, Sankhrit, and perhaps even Buddism. Rest assured that its rulers were Muslims. Evident when the Sri Vigaya Empire diminished, the territories embraced the religion of Islam. The King was referred to by Italian Traders as “Tallano”. The King’s sons were Raja Sulayman of Selurong, Raja Humabon of Vigaya, Aliwya of Maguindanao, a kinship Makdum of Soolok, son Panglima Ege(Kaliph Pulaka or Datu Pula, better known in Cebu as Lapulapu) of Sempurna Malayas, His cousin in-law, an Arab, Zein Ul-Abidin of Seri-Brunei, Sharif Kabungsuwan(Karim Ul-Makdum) of Johore-Singapore and Indonesia and territories extending eastward to Guam, Carolines and on to a kinship-King Kamehameha of Havvaii. These Kinships were the ruling class family of the Maharlika Kingdom.
The death of the Majapahit Emperor-Maharaja Pamarwasa in the 12th century, the Empire began to diminish and so did its Satellite Empire, the Sri Vigaya Empire. The Seri Ruler, an Arab, Zein Ul-Abidin whose wife-Eskander was the daughter of the Majapahit King, took his father in-law’s political authority and established the very first Sultanate of Bruney as Sultan Mohamad Shah. He had also went to Sulu to have succeeded Raja Baginda Ali, the latter being the son in-law of Ruler Paduka Batara, the Eastern King of Sulu who had passed away in Fuikein, China. Other rulers of the said territories also established strings of Muslim Kingdoms, then known as the Muslim National Archipelago.
1521 Spanish encroachment and colonization into Selurong, King Luisong did not agree of Spain's colonization/atrocities naming his kingdom as the Philippines, after Spain’s King Philip-II, and consorted with the Queen of Spain, however to no amicability reach. King Luisong Tagean Tallano then consorted with the British who defeated the Spanish and the former in 1764 issued a British Royal Protocol Decree 01-4 favoring the ownership of said territories to the said King.
When the British left, America in competing for colonization with Spain, supposedly bombed its own naval vessel, the USS Maine docked at Spanish colonized Cuba and blamed Spain for it as being an act of War. As restitution, Spain signed a treaty to have ceded the Philippines to America for 20 Million in Gold Coins in the Treaty of Paris of December 10, 1898 officially Spain ceding the Philippines, Guam and Puerto Rico to America tacitly agreed by with the King’s kinship, Don Benito Tallano who was handed the amount in paying Spain and to have Spain Issued the “Titulo De Compra” as by the Torren’s System as Original Certificate of Title or OCT 01-4 based on the Maura Law, the very first ever issued by Spain in the Philippines; affirming ownership of the Philippines to Prince Lacan Acuna Ul-Rijal Tagean Bolkiah-Tallano. Wherein, the Prince took on the name Bolkiah then under his uncle the Brunei Sultan-Hasan Bolkiah, who had suzerainty upon the said territories known as the “Singing Captain”. While his cousin, son of Raja Lakandula, San Agustin De Legaspi was reigning in Manilad, Selurong.
Sultan Bolkiah’s elder brother was Sultan Ahmad, the second reigning Sultan of Brunei who was succeeded by his nephew Sultan Seri Ali. Seri Ali was succeeded by Sultan Hasan Bolkiah, then Succeeded By Sultan Ul-Rijal. Sultan Ahmad who begotted Amir Alatas Uddin, the latter being the father of Sayyid Nakhoda Perkasa Angging and Nakhoda Sangkalang. Angging in 1704 was Brunei’s Maharaja for the Sulus (begotted Maharaj Adinda Taup who Begotted Sharif Imam Ul-Alam Arpa Who then Begotted Sharif Carpenter Arpa to Ashrf Paduka Ahmad Carpenter Arpa-V), and Nakhoda Sangkalang for North Borneo later after the two defended North Borneo along with Sulu warriors for the Brunei Sultan against the self proclaimed Sultan Mobin at North Borneo in 1613.
America paying 20Million in Gold Coins were handed over thru Don Benito Tallano who paid Spain for as well the Titulo De Compra later subdividing Luzon to other kinships, and recognition of Prince Lacan Acuna Ul-Rijal Tagean Bolkiah Tallano as owner of the Philippines as by affirmed by Spain based on the Maura Law in the Original Certificate of Title OCT 01-4 the very first land Title issued in the Philippines. Since the OCT 01-4 only covered the Philippines, the rest of the territories fell upon foreign administering powers who had later made said territories divided as independent sovereign States.
America concurred the ownership of the Philippines as well later in October 3, 1904 under U.S. ACT no. 496 Torrens Title that was also declared as OCT 01-4 as by the Torrens System. In 1913, U.S. Act no. 2259 affirming the Title OCT 01-4 of heir owners of fee simple and heirs/Princes of interest to their predecessors of Maharlika Kingdom, as registered. The Title of ownership to the heirs were farther substantiated and certified thru court certification, "Return of Sheriff" under Philippine Court.
The court In January 19, 1976 made judgment with final and executory decision in favor to Prince Luis Morden Tallano and/or heirs due to non-appearance of any claimant nor the appearance in court by the Philippine Government.
However, a court appeal was made under CA-GR no. 70014 by the Government declaring OCT 01-4 as null and void. Final decision is pending for Resolution. Whenever and whatever resolution-decision may be, it may affect the validity of both parties. Philippine Republic, land titles are based on a "deed of Absolute Sale" and as by the Torrens System, and so is the OCT 01-4 also as by the Torrens System, and vice-versa to Philippine land Titles of its citizens. Although, no other Titles were issued prior to OCT 01-4, Title issued as by same Torrens System, is contradictory of the Torren’s System.
It is so, because the Torrens Title is indefeasible and can not be voided by any land claimant who has no Title or whose Title is issued later; and is imprescriptibly or unsubscribed. As by the OCT 01-4, the initial mother Title issued upon the cadastral delimited territory of Maharlika for the Philippine archipelago, its case is likely be pending indefinitely for protection of all parties, apparently. The Present heirs and/or heirs of interest are assisting the homeless using OCT 01-4 as its legal basis against Government administrations that moves out the homeless from so called government lands without compensation nor relocation. We are the Tallano Foundation of the TALA ESTATES. Insha’Allah.
Wa Billahi Tawfiq Wal-Hidaya, Wassalamu Alaikum Warahmatulaah.
I am, H.R.H. Al-Sharif (Ashrf) Paduka Ahmad Carpenter Yu Tiamo Arpa-V
Ibni Maharaja Adinda Taup Angging (Anddin) Zein Ul-Abidin Rijal
Bolkiah Tagean Tallano Al-Marhum Sultan Shariful Hashim Abu’Bkr Mohamad Shah
(18)
The Glorious and Holy Qur’an Cites: “Allah has promised to those among you who believe and do righteous deeds, that He will assuredly make them to succeed the present rulers and grant them Vicegerency (appointed governance and as administrative deputy) in the lands just as He made those before them to succeed others”, XXIV.55.
And Hadith (4543): “Fulfillment of the Covenant made with the Caliphs is Imperative. The Caliph to whom allegiance is sworn in the first instance has shall established supremacy over those who assume powers (by Caliphates) later”.
These verses makes it clear to all in having to conferred to bestow honor upon the Caliphate, that is, the Reign and Jurisdiction of a secular and religious sovereign head of state, in this case, a sovereign head of a Monarchial Islamic (Muslim) state.
Now considering the current state of affairs and "estados Uni dos" , His Highness could only stand for the kingdom as Tribal King for His Highness’ sovereignty over and upon His Highness’ Monarchial territories, the whole of Maharlika-strings of Sultanates of Pre-colonial era and since Sultan Pulalun, as by consanguinity, the Territories Ruled by His Highness’ Forefathers/Forebears, His Highness’ Ancestral Domains, standing as a Tribal Yang Di-Partuan from the Sulu Kingdom and the Extra-Ordinary Plenipotentiary Minister for all Tribal Affairs in the once Maharlika Kingdom.
Adopted, August 02, 2009
H.R.H. Yang Di-Partuan Sharif Paduka Ahmad Carpenter Arpa-V
MAHARLIKA SULTANATE SULUK NEGARA
MAHARLIKA SULTANATE OF SULU AND TERRITORIES AS BY CONSANGUINITY
Maharlika Sultanate of Sulu and North Borneo-Sabah
Royal House Concurrent Resolution No. 8377-02
Concurrent Resolution expressing the sense of the Sultanate of Sulu and North Borneo-Sabah, that Sulu/Mindanao (by consanguinity), Palawan, Tawi-Tawi, Basilan and North Borneo-Sabah, inclusive of its Tributary Trust Territory of Zamboanga (Sultanate Moro Capital) Peninsula and Kalimantan; and its adjoining Islands belongs to the Sultan of Sulu:
H.R.H. Sultan Sharif Maulana Paduka Ahmad Carpenter Arpa-V
Ibni Maharaja Adinda Taup Angging (Anddin) Zein Ul-Abidin,
And to the ultimate sovereignty of the Sultanate of Sulu and North Borneo-Sabah, and for the said Sultan to conduct negotiations for the restoration of such ownership and sovereign jurisdiction over said territories, for its total sovereignty and total independence.
His Highness’ 5th Grandfather, Sultan Sharif Ul-Hashim (Abu’bkr, Zein Ul-Abidin), the 1400’s very first Sultan of Sulu and of 1363 Brunei, the latter’s brother Bar-Baki or Bal-Paki a sultan who escaped Johore (Singapore) due to Spanish encroachments , established the very first Sultanate of Mindanao seated at Malabang-Lanao as Sultan Sharif Kabungsuwan.
Sultan Sharif Kabungsuwan exiled some of His peoples to Cotabato and its Hinterlands marrying the daughter there, of Tomaoi Aliywa of the Maguindanao-family dynasty. After the latter’s death, Sharif Kabungsuwan took over His father-in-law’s political authority establishing the Sultanate of Maguindanao as Sultan Aliywa. He was initially known as Karim Ul-Makdum, the Mindanao-Maguindanao Sultanate Government Founder.
The Sulu Sultanate National Flag “Door to Mecca” that had been flying over its territories and the territory of Kalimantan (Southern Borneo) there called as “the Gate to Mecca”, since the 1400’s, the latter territory presently under Indonesia’s Sovereign Jurisdiction Administering upon it, said territory is also included in His Highness legal and valid claim.
As by consanguinity and as by the manifesto for unity of strings of Sultanates throughout the Mindanaos signed by its representing Sultans, including the Kirams, under the Sultanate of Basilan and Zamboanga (Sultanate Moro Capital) established by His Highness, the Sultan Suluk Negara’s father, a clear indication of the Sulu Sultanate’s manifestation of its act of Sovereignty and its tacit Sultan’s political will and authority upon its territories, not registered with the foreign Philippine Securities and Exchange Commission (S.E.C.), however, signed and conforme by the Philippine Republic; His Highness the Sultan of Sulu, maintains and or reserves the right to also stand as the Sultan of Maguindanao-Mindanaos. Thus, His country and state shall be the Sultanate of Sulu Negara (territories); Sulu, Basilan, Tawi-Tawi, Palawan, North Borneo-Sabah, Kalimantan, Jambangan-Zamboanga Peninsula and the Mindanao-Maguindanao;
Whereas, the Sulu Sultanate State and strings of Sultanate States by consanguinity in the Muslim National archipelagic islands or so-called Philippines by Spain, were a dejure Sovereignty State/s since the fourteen hundredths;
Whereas, in more or less the year 1516, Spain arrived saliently in the Muslim National archipelago and with their physical conquest, colonized most of the Muslim national archipelago territories with their forceful acquiescence;
Whereas, Spain’s motives in joining with Portugal, were to have established their Religion and themselves in the Malayas (Muslim National archipelagos) and in the monopolizing of the spice trade which was the source of power of Cairo-Egypt and Saudi Arabia. Evident of the Spanish-Portuguese viceroy Captain Affonso Albuquerque Statement to His Commanders before the successful and the final attack to Malacca in 1511;
Whereas, this forceful acquiescence was a so-called echo of the “crusade” against the Ottomans and the Moors of Morocco, it was also an Iberian (pertaining to the ethnologic
primitive groups inhabiting the Caucasus mountain range of the Soviet Union, called Caucasoid) warfare against the “Moors”-Muslims of North Africa and Morocco, far reaching
the Malayas or Muslim National archipelagic islands, its peoples called “Moros”, subjugated for more or less 300 years;
Whereas, in 1842, the Sultan of Sulu, Sultan Moh. Fadlun or better known as Sultan Pulalun signed a Treaty with the United States, the said Sultan assuring the safety of U.S. vessels in the Sulus, for the United States exploring expedition;
Whereas, in 1862, Sulu Sultan Moh. Fadlun or better known as Pulalun signed the Spanish Protocol Treaty of Spain, giving permission of Spain’s Sovereignty rights or pretensions of Sovereignty upon the island of Jolo and its dependencies; Sultan Pulalun transferred His seat to the hinterlands then sometime after;
Whereas, in 1878, two British subjects, Gustavus Baron Von Overbeck and Alfred Dent, ESQ. Came to Jolo to lease North Borneo-Sabah from the Sulu Sultan, for their intent to establish the British North Borneo Company;
Whereas, Jamalul Agdam presented himself acclaiming to be the Sultan of Sulu to the two British subjects, executed an agreement leasing and delivering to the latter, the territory North Borneo now Sabah for an annual rental of $5,000;
Whereas, the leasing of said territory by the self-acclaimed Sultan Jamalul Agdam, signed himself as Jamalul Alam the son of Sultan Pulalun-when in fact, otherwise;
Whereas, whether Sultan Pulalun had children or not (it is not known), he Pulalun, since 1859, proclaimed His Highest Crown Prince and heir-apparent, Maharaja Adinda Taup, who is to succeed him upon his death; moreover, Sultan Pulalun writing a letter of revocation of the said leased to the British North Borneo Company which was not heeded upon;
Whereas, on April 22, 1903, the British North Borneo Company, which succeeded to the rights of MESSRS. Gustavus Baron Von Overbeck and Alfred Dent, entered into another agreement with the Sultan of Sulu, (Sultan Jamalul Kiram-II) to include in the original lease certain islands laying North and Northeast of Borneo for an additional rental of $300 annually;
Whereas, MESSRS. Gustavus Baron Von Overbeck and Alfred Dent, and their successors, including the British Government, paid the total annual rental of $5,300 for the Leased territory until June 7, 1936, death of Sultan Jamalul Kiram-II;
Whereas, the British Government ceased to pay the annual rental amount in 1936 due to the controversy as to who are the heirs of the Sultan of Sulu or its successor entitled to receive the annuity , Sultan Kiram-II known to have no heir;
Whereas, the British Government should have reverted to Sharif Sultan Imam Ul-Alam Arpa who replaced Sultan Kiram-II in 1915 deduced as Highest Spiritual Leader of the Sultanate of Sulu and North Borneo, as the successor to the said leased annuity and as the Sultanate’s Successor –Sultan deduced to Highest Spiritual Leader (by which a Sultan is also, such; temporal and ecclesiastical indivisible in nature) by the U.S. administration;
(2)
Whereas, in undermining veracity, on July 4, 1946 the United States blatantly incorporated the Muslim Sultanate lands and territories to have included Mindanao and Sulu into with the making of the Philippine Republic, inspite of the Sultanate’s Datos declaration of rights and purposes made in 1921 and submitted to the U.S. Congress on 1926, depriving the heir/s of the successor-Sultan Sharif Imam Ul-Alam Arpa or His heirs to the Sultanate of Sulu and North Borneo, of ownership over its territories;
Whereas, Senator Beacon of the United States passed the Beacon Bill in 1926 with the United States Senate which proposed that…”Independence be given to northern and central Provinces of the Philippines, but that Mindanao and Sulu be retained under American rule”. (see house bill 12772, 69TH Congress, first session. May 6, 1926);
Whereas, inspite of the solid expressions of self-determination and resolve to the total return of independence of the Mindanao and Sulu (Sultanates), the United States of America heedlessly proceeded to have incorporated the Mindanao and Sulu Sultanates’ lands and territories into with the Republic of the Philippines, blatantly breaching Article IV, section 3 of the United States Constitution and utterly disregarding the Beacon Bill of 1926 passed by the United States Senate;
Whereas, it was totally unlawful from the standpoint of the 1787 U.S. Constitution, the law of war of 1898 and the law of nations for the United States to occupy Mindanao and Sulu, when it was not a political component of the first Philippine Republic that declared war against the United States of America;
Whereas, on July 16, 1946, the British Government annexed as a crown colony the aforesaid leased territory known then as British North Borneo, thereby also depriving Sharif Sultan Imam Ul-Alam Arpa (Successor-Sultan) or His heirs to the Sultanate of Sulu and North Borneo, of ownership over the territory, North Borneo;
Whereas, the annexation of the territory North Borneo as a crown colony of the United Kingdom (Britain) is based mainly on the claim that the deed executed by Sultan Jamalul Alam on January 22, 1878 in favor of MESSRS. Gustavus Baron Von Overbeck and Alfred Dent was a cession and not a lease; which claim is unfounded because the deed in fact was merely a lease whereby the Sultan of Sulu delegated His Governmental powers to the lessees and granted to them the right to develop and exploit the territory, reserving to Himself the ultimate sovereignty over said territory;
Whereas, the act of annexation made by the British Government is furthermore, based on the claim that subsequent to the deed of January 22, 1878, The Sultan of Sulu capitulated in the same year to the crown of Spain which in turn renounced the sovereignty over North Borneo. Which claim lacks merit because in the Treaty of Capitulation between the Sultan of Sulu and the King of Spain, the Sultan did not relinquish His residual sovereignty over North Borneo, likewise the rest of the Sultanate Territories. As in fact, the Sultan was never nor permanently under the authority of the crown of Spain, and, therefore, the renunciation by Spain of sovereignty over North Borneo in the Treaty of 1885 with Britain did not serve to affect the right of sovereignty of the Sultan of Sulu over said territory;
Whereas, it results from the foregoing that the action of the British Government on July 16, 1946, annexing North Borneo as a crown colony is unwarranted and illegal; that the territory belongs to the Sultan of Sulu and Highest Spiritual Leader or His heir to the Sultanate of Sulu, the Sultanate State presently under GRP administration on account of the unwarranted and illegal treaty of Paris of December 10, 1898. That said heir and present successor to the Sulu throne, H.R.H. Sultan Sharif Maulana Paduka Ahmad Carpenter Arpa-V, is cordially exhorting Malaysia, Indonesia and the Philippine Republic by which some the Sulu Sultanate lands and territories are presently being administered by; the protection of His Highness rights and dignities, and the rights and dignities of His peoples, that subject to adjustments of the lease rights of the British Government on North Borneo now administered by Malaysia as made the ultimate successor of the original lessees, and adjustments made of to other, said territories, should be restored to the ownership of His Highness H.R.H. Sultan Sharif Maulana Paduka Ahmad Carpenter Arpa-V, the Sultan of Sulu and to the sovereign jurisdiction of the Sultanate of Sulu, and whose seal and ancestral flags of authority recognized without qualification;
(3)
Whereas, inclusive of Kalimantan and North Borneo, the Sulu/Mindanao, Basilan, Tawi-Tawi and Palawan Sultanate territories that was Unfoundly and Unwarrantly Sold by Spain to the United States of America in the December 10, 1898 Treaty of Paris by which the Sultan of Sulu/Mindanao did not have representation, nor being a contracting party to it, and without the knowledge nor consent as titular head of State;
Whereas, the August 20, 1899 Bates Treaty, agreement between Gen. John C. Bates of the U.S. Government and the Sultan of Sulu, profoundly recognizing the dejure sovereignty of the Sulu Sultanate State;
Whereas, other entreaties before and after the 1915 Carpenter Memorandum Agreement, affirming the dejure sovereignty of the Sulu Sultanate, as also the 1915 Carpenter Act, in its interpretative letter, legally guaranteeing the preservation and continuing existence of the Sultanate of Sulu and North Borneo;
Whereas, inspite of the Sulu Sultanate’s Sultan-Highest Spiritual Leader and Datos’ declaration of rights and purposes made in 1921 and submitted to the U.S. Congress in 1926, stipulating the non-desire of being under the Commonwealth Government or the soon to be Philippine Republic, but instead rather declare ourselves back a Constitutional Sultanate or be retain under U.S. Administration; the United States heedlessly and blatantly incorporated the Sulu/Mindanao Sultanate territories into with the Philippine Republic on July 4, 1946. While the United Nations was founded for the preservation, peace and security of nations in 1945;
Whereas, the Sulu territory of Kalimantan (Southern Borneo) came under the forceful acquiescence of the Dutch Colonial Forces, the latter that might have had to do in promoting the 1678 rebellion in North Borneo and 1849 Kalimantan revolts undermining the Sulu Sultanate National Flag, “Door to Mecca”, that had been already flying there since the advent of the Sulu Sultanate, called by its people, the “Gate to Mecca”, and said territory later was turn-over to Indonesia was unwarranted and unfounded;
Whereas, the fact of His Highness cause, the Sultan of Sulu as understood as by heredity, and succession, and of consanguinity from Taif Arabia, Brunei and Sulu/Mindanao as by Sultan Betatar of the Holy City of Taif Arabia, a progeny of Nabi Muhammad (Salawlahu Alaihi Wassalam) the aforesaid’s son Zein Ul-Abidin or Awang Anak Betatar the latter known as the 1363 Sultan Mohamad Shah established the Sultanate of Brunei with him as its very first Sultan. He Zein Ul-Abidin, as also known as Abu’bkr came to Sulu and married the daughter of the Tomoai (Chieftein) Baginda. Baginda embraced Islam and took the name as Raja Baginda. After Raja Baginda passed away, Abu’bkr took over the political authority of his father-in-law and established the very first institutional Government in the Muslim National Archipelago, the Sultanate of Sulu with him as its very first Sultan in the reigning name as Sultan Sharif Ul-Hashim, meaning a Sharif from the Hashimite Kingdom of Taif Arabia;
Whereas, Abu’bkr’s brother, Bar-Baki, went to Malabang Lanao, who established the very first Sultanate of Mindanao as Sultan Kabungsuwan seated in Malabang Lanao. He exiled some of his people (raayats) to Cotabato marrying the daughter there of Tomaoi Aliywa. He farther exiled some of His raayats, who still deviated from Islam, to the Hinterlands and are the present Manobos and Tarunians of the area. After the death of His father-in-law, he too, took over the political authority, of the Latter and established the Sultanate there under his father-in-law’s Maguindanao-family dynasty, the Sultanate of Maguindanao, and Him as Sultan Aliywa, was also known as Karim Ul-Makdum; the first Sultanate Government founder of Mindanao; the Sultan who visited his brother Sultan Sharif Ul-Hashim in Sulu. These two Sultans and Makdums, documented by the Catholic Jesuit Priest Fr. Francisco Combes, of those who first brought, re-enforced and promulgated Islam to have walked on water, flew in the air and saved people from drowning;
Whereas, in the Sulu Sultanate, Sultan Sharif Ul-Hashim’s grandson, the 1520-1548 Sultan Shar Ul-Uddin Awal Digmin, also known as Sultan Mu’izz Ul-Mutawidin or better known as Maharaja Upo who reigned while his father Sultan Ala’Uddin Buto was still alive. Sultan Shar Ul-Uddin Awal Digmin was succeeded by the 1548-1596 Sultan Pangilan Buddiman, the reigning title of Mohamad Ul-Halim who hailed from Brunei as an assured line of descendancy from Sultan Sharif Ul-Hashim (Zein-Ul-Abidin). Sultan Buddiman’s wife was the daughter of Brunei Sultan Abdul Kahar, the latter, father of successor Brunei Sultan Seif Ul-Rijar who placed his brother-in-law Sultan Buddiman (Ul-Halim) as viceroy Sultan of Sulu;
(4)
Whereas, 1596-1678 Sulu Sultan Patara Shah also known as Pangiran Tengah or Panguan Tindig who also hailed from Brunei as an assured line of descendancy and whose father was Brunei Sultan Mohamad Hassan. Sultan Patara Shah’s cousin Adasaolan acquired marriage alliance with the Maguindanao Royal Family marrying the daughter of Maguindanao Sultan Laut Buisan or also known as Katchil (half-brother of Maguindanao Sultan Salikula) the latter being the Great-Grandson of Sultan Kabungsuwan (Sultan Aliywa or Karim Ul-Makdum). Adasaolan’s brother in-law Nasir’uddin succeeded as Maguindanao Sultan Qudarat, the latter who goes to His island sanctuary in a Sulu island known there by the Sulu Sultan as Sultan Nasir’uddin, the Sultan of that said island ;
Whereas, in Manilad or Selurong- the island of Luzon, its Sultan, Raja Sulayman and Tondo’s Sultan, Datu Lakandula, a nephew of Brunei Sultan and the former, a first cousin of the Bruinei Sultan at that time;
Whereas, the string of Sultanate in Cebu ruled by “King” Humabon (as referred by the Spaniards), this Sultan was converted to Christianity by the Spaniards. The reason why the Sempurna Pertama, Panglima Ege or Kaliph Pulaka, but better known as Lapu-Lapu left Borneo and came to the settlement of Suluan and Borneoan allies in Mactan to investigate the situation in Cebu;
Whereas, it is rest assured, that the strings of Sultanates expanded throughout the Muslim National archipelago later known as the Philippine Archipelago, its Kinships by consanguinity were inter-related from the assured line of descendancy from Brunei that originated from the Holy City of Taif Arabia;
Whereas, His Highness descendancy from the Brunei Nakhodas and Brunei Sultan Mohamad Shah (Zein Ul-Abidin, Abu’bkr) the latter or his successor, owner of North Borneo, gave North Borneo as a gift to His Nakhodas (fleet admirals and relatives) Sayyid Nakhoda Perkasa Angging and Sayyid Nakhoda Sangkalang who had led about 600 Sulu warriors sent by the Sulu Sultan in suppressing a 10 year rebellion by the self proclaimed Sultan Mobin of Northern Borneo in 1678;
Whereas, as a gesture of gratitude also to the Sulu warriors, and as by the Nakhoda owners, the Brunei Sultan ceded North Borneo to the Sulu Sultanate, making it then contiguous to Southern Borneo or Kalimantan in 1704, evident of the Sulu Sultanate State National Flag “The Door to Mecca”, known there as “Gate to Mecca” and known to have already flown in Kalimatan (Southern Borneo), evident of already having been a Sulu Sultanate territory since its advent;
Whereas, Datu Piang of Cotabato (Tan Tuy Piang) was a first cousin of Tan Liu Yang (Liudayang), the latter being His Highness Grandmother, (wife of Sharif Sultan Imam Ul-Alam Arpa);
Whereas,Liudayang’s father, Tan Sing Lian is a brother of Tan Peng, the latter being the father of Tan Piang or Datu Piang of Cotabato;
Whereas; Liudayang’s mother, Horayang, is a daughter of Tunggal Gareng, the latter being the brother of Gajah Tunggal of Kalimantan (now Indonesia);
Whereas, Datu Piang was a former Chief Minister of Maguindanao Datu Utto (Sultan Anwar’Uddin) of Buanyan;
Whereas, in 1888 death of Maguindanao Sultan Moh. Jalal’uddin Pablu, the Maguindanao Sultanate was vacant till 1896;
Whereas, the Maguindanao Sultanate vacancy was probably due to the fact that Datu Utto wanted His brother in-law Datu mamaku (a son of Sultan Qudarat-Ullah Untong) instead to succeed as the Sultan and not him;
Whereas, in1896, Maguindanao Sultan Mangigin reigned.Whereby in 1900, Sultan Mangigin transferred his residence from Cotabato to Sibugay. In 1906, he married Rajah Putri, the widow of Datu Utto and sister of Datu Mamaku;
(5)
Whereas, 1900 death of Datu Utto, the latter’s son in-law and chief Minister Datu Piang, married to Datu Utto’s daughter, reigned as Maguindanao Sultan with his seat in Dulawan-Cotabato, as the Datu Piang of Cotabato;
Whereas, the Buayan rulers and Lanao area rulers traced their descent to a daughter of Sharif Kabungsuwan, while the Iranun Maguindanao family dynasty, by where Sultan Qudarat descended, traced theirs, in a linear direction, to male descendants of the said Sharif;
Whereas, Sultan Qudarat (Ullah Untong), a descendant of Sharif Kabungsuwan or Sultan Aliywa (Karim Ul-Makdum the Sultanate government founder of Mindanao-Maguindanao seated at Malabang-Lanao), the most powerful Sultan in defense against the Spanish encroachments, his descendants nicknamed their Sulu cousin Sharif Carpenter Arpa-I (His Highness’ father) as “Utong” derived from the name, Ullah Untong-Qudarat. It was because Sharif Carpenter Arpa-I, in 1942-1945 being awarded the U.S. Presidential Citation for his heroic defenses against the Japanese encroachments in World War-II in the so-called Philippine Archipelago, which threatened to eliminate any Royal Family which was a threat to Japanese concept of their Emperor-God in the Muslim National Archipelago or so-called Philippines by where Japan was trying to promote their so-called,” higher race”;
Whereas, Sharif Carpenter “Utong” Arpa-I, of his heroic actions having served as a Captain in the United States Army Forces in the Far East is known as, “Tong-Tong” by which the residents in Siasi, place of his great grandfather, Sayyid Nakhoda Perkasa Angging (The Brunei Maharaja in the Sulus) at Subah Buaya and presently known as “Duhol-Duhol”, derived from Siama-Samal word “Tong-Tong”, meaning highest and top leader;
Whereas, it is assured that the strings of Sultanates in the Muslim National archipelagic islands were all inter-related by consanguinity and by blood-relations;
Whereas, His Highness Sultan Sharif Maulana Paduka Ahmad Carpenter Arpa-V Ibni Maharaja Adinda Taup Angging (Anddin) Zein Ul-Abidin is by and of that said consanguinity and blood-relations as by heredity and succession being the present Sultan of Sulu/Mindanao and North Borneo territories;
Whereas, in 1705, Sulu Sultan Sahab’Uddin ceded the Sulu Territory of Palawan to the Spanish Government; one reason why priory Brunei sent Sayyid Nakhoda Perkasa Angging as Maharaja in the Sulus to prevent any possible cession of North Borneo;
Whereas, in 1862, Sulu Sultan Moh. Fadlun, better known as Pulalun signed the Spanish protocol treaty with Spain giving Sovereignty rights or pretensions of Sovereignty to Spain over the Island of Jolo and its dependencies, by when the said Sultan transferred His seat to the Hinterlands of Jolo;
Whereas, in 1865, the United States Consul to Brunei, Claude Lee Moses, obtained a 10-year lease for the territory of North Borneo from Brunei. However, the post civil war of the United States, the United States wanted nothing to do with Asian colonies. So, Moses sold his rights to the Hong Kong-based American Trading. Besieged with financial difficulties, the company had, to its rights on North Borneo consul of the Austro-Hungarian Empire in Hong Kong, Gustavos Baron Von Overbeck. Von Overbeck managed to get a 10-year renewal of the lease from the Temenggong of Brunei, and a similar treaty from the Sultan of Sulu on January 22, 1878;
Whereas, Jamalul Agdam (Azam) came forth presenting Himself as the Sultan of Sulu, signing the leased treaty agreement for perpetuity in exchange for arms and munitions in order to defend themselves from the Spanish Armada forewarned by the two British subjects in gaining the favor of the signing of the lease from the said so-called Sultan of Sulu without the knowledge nor consent of the reigning Sultan Pulalun at the Hinterlands;
Whereas, Jamalul Agdam signed the said treaty, indicating His name as Sultan Jamalul Alam, the supposed son of Sultan Pulalun. Said signing was obviously done about dusk, not being able to offload the said arms and munitions at night, and the intent of the said British Subjects never to deliver the said arms and munitions as for their use in the protection of their North Borneo Company. Evident of the said British Subjects leaving Jolo at about mid-night bringing with them the leased treaty agreement and the said arms and munitions aboard their ship, H.M.S. America, headed for North Borneo. Sultan Jamalul Alam was frowned upon of His actions, that there was never a known grave of him after his death;
(6)
Whereas,Von Overbeck, in order to finance his plans for North Borneo-Sabah, found financial backing from the Dent brothers-Alfred and Edward Dent. However, he was unable to interest his government in the territory. Von Overbeck withdrew in 1880, leaving Alfred Dent in control. Dent was supported by Sir Rutherford Alcock and Admiral Sir Harry Keppel;
Whereas, In July 1881, Alfred Dent and his brother formed the British North Borneo Provisional Association Ltd, and obtained an official royal charter on November 1, 1881 of the same Year. In May 1882, the British North Borneo chartered company replaced the provisional association, Sir Rutherford Alock became the first president, and Alfred Dent became managing director;
Whereas, Inspite of some diplomatic protests by the Dutch, Spanish and Sarawak governments, the British North Borneo Company proceeded to organized settlements and administration of the territory. The Company subsequently acquired further sovereign and territorial rights from the Sultan of Brunei expanding the territory under control to the Putatan river in May 1884, the Padas district in November 1884, the Kawang river in February 1885, the Mantanani islands in April 1885 and additional minor Padas territories in March 1898;
Whereas, In 1888, North Borneo together with Sarawak and Brunei, became a protectorate of Great Britain. Its administration, however, remained entirely in the hands of the British North Borneo Company, with the British crown only reserving control of foreign relations;
Whereas, on January 7, 1883, a letter from the British Secretary of State for foreign affairs, Lord Granville, confirms the position that the “Takeover” of the British over North Borneo-Sabah, a Sulu Sultanate property was a Lease and not a purchase. It states: ”The British charter (representing the British North Borneo Company) therefore differs essentially from the previous charters granted by the Crown….in the fact that the Crown in the present case assumes no dominion or sovereignty over the territories occupied by the company, nor does it purport to grant to the company powers of government, therefore; it merely conveys upon the persons associated the status and incidents of a body corporate, and recognizes the grants of territory and the powers of government made and delegated by the sultan in whom the sovereignty remains vested. It differs also from previous charters in that it prohibits instead of grants a general monopoly of trade. As regards the general features of the undertaking, it is to be observed that the territories granted to the company have been for generations under the government of the Sultanate of Sulu and Brunei, with whom Great Britain has had Treaties of Peace and Commerce.”;
Whereas, In retrospect, the British Foreign Affairs communiqué conceded that the matter of sovereignty remained vested in the Sultanate of Sulu, the Sultan of Sulu, and could not be delegated to any party because the Deed of January 22, 1878 expressly prohibited it;
Whereas, the thorniest item in the North Borneo/Sulu agenda was whether the Overbeck-Dent pact with the Sultan of Sulu was a Lease or Sale. Scholarly sources, including those officially issued by Britain and the United States, pointed out that the sovereignty over North Borneo-Sabah, was never, at anytime in the past and present relinquished in favor of any person, organization, or entity. Thus, the said agreement was merely a Lease;
Whereas, Legally and Technically, it remained to this day as the exclusive property of the sultan of Sulu and Brunei. This statement confirms the observation that the transfer of rights made by the lessees to the British North Borneo Company was Ab-initio, flawed and illegal. Thus, should have never had any binding effect or applicability;
Whereas, specifically, the Deed of 1878 clearly mentioned that, “The rights and powers hereby leased shall not be transferred to another nation or a company of other nationality”, same theme discussed in 1963 when a negotiation was made in London with Britain for the recovery of North Borneo. The British, in defense of their own argument, insisted the covenant entered into by Von Overbeck and Dent with the supposed Sultan of Sulu (Jamalul Alam) in 1878 was a sale and not a lease. Even for example, whereby the 1915 Sultan Jamalul Kiram-II giving up his temporal powers in exchanged for a lifetime pension, could not possibly abrogate the Sultanate of Sulu without the reigning Sultan Pulalun and/or his Maharaja Adinda family concurrences. The said 1878 lease treaty was never concurred by the reigning Sultan Pulalun at the hinterlands, evident of the latter writing a letter of revocation to the lease;
(7)
Whereas, a strong proof in favor of the Sultanate was when U.S. Governor-General Francis B. Harrison on February 27, 1947 furnished the Philippine Vice-President and foreign affairs secretary, Elpedio Quirino, a photostat copy of the Lease Treaty document, which was later translated from Malay language and the Arabic script by Professor H. Otley Bayer of the University of the Philippines. Moreover, Overbeck and Dent, in a statement before the Royal Colonial Institute on May 12, 1886 admitted that the deal they forged with the rightful owners of North Borneo did not forfeit the sovereign rights of the Sultan of Sulu and Brunei (the rightful owners) over the territories administered by the British North Borneo Company. Dent declared openly: “as to the charter, some friends of the enterprise seem to believe that the enormous powers we hold were given by Her Majesty the Queen. It is not so at all. All our powers were derived entirely from the Sultan of Brunei and Sulu, and what the British government did was simply to incorporate us by Royal charter, thus, recognizing our powers, which recognition is to us, of course, of vital importance.”;
Whereas, clearly, the said territory of North Borneo-Sabah do belongs to the Sultan of Sulu and Brunei to the present, and the Sulu Sultanate’s sovereignty was never lost, nor by default; and to the least as by the Carpenter Act of 1915 enacted by Governor Frank W, Carpenter, which stipulated the exemption of North Borneo-Sabah from being under the U.S. administration, but, as still belonging to the Sultanate of Sulu. Thus, in its interpretive letter, legally guaranteeing the preservation and continuing existence of the Sultanate of Sulu and North Borneo-Sabah;
Whereas, in 1704, precautious of North Borneo being ceded by Sultan Sahab’Uddin (ceded Palawan instead in 1705 to Spain), The Brunei Sultan sent the North Borneo owner, Sayyid Nakhoda Perkasa Angging (Maharaja Anddin) to the Sulus to guard against this possibility of cession, given the Brunei Maharaja State Official Flag and the Twin Headed Crocodile/Alligator Flag, as the symbol of the Brunei Sultan’s twin authority to His Nakhoda as Maharaja in the Sulus, while Sayyid Nakhoda Sangkalang stayed in North Borneo guarding against possible encroachment from its Southern part Kalimantan, occupied by the Dutch Colonial Forces who might have had priory promoted the 1678 revolt;
Whereas, the name Maharaja was given to only one of the lineages of the Royal Family, Sayyid Nakhoda Perkasa Angging (Maharaja Anddin) who married Apuh Andun or Mahandun of Karongdong- Luuk, Jolo, and as a result, heir-apparent and/or Sultans under this continued assured line of descendancy append “Maharaja Adinda” as a title to the beginning of their names; Maharaja Adinda Taup, the son of Maharaja Anddin (Sayyid Nakhoda Perkasa Angging) the latter married to Mahandun;
Whereas, the said Brunei Nakhodas were the grandsons of Brunei Sultan Mohamad Shah (Zein Ul-Abidin, Abu’bkr) through Brunei Sultan Ahmad “Amir-Alatas” Uddin who elected another son (Seri Ali) to have succeeded him;
Whereas, Sayyid Nakhoda Perkasa Angging married Apuh Andun or Mahandun of Karongdong (present Luuk Jolo), a Royalty whose Uncle was Brunei Sultan Nassar’Uddin 1690-1705, Apuh Andun’s son was Maharaja Adinda Taup, Crowned Prince and heir-apparent of Sultan Pulalun, the latter being the nephew of Apuh Andun or Mahandun;
Whereas, Maharaja Adinda Taup’s son was Sharif Sultan Imam Ul-Alam Arpa, the successor-Sultan and Highest Spiritual Leader of the Sulu Sultanate who, in 1915, replaced Sultan Jamalul Kiram-II;
Whereas, His Highness’ Grandfather, Sharif Imam Ul-Alam Arpa did replaced Sultan Jamalul Kiram-II, the latter who gave up His Temporal powers to the U.S. Government in exchanged for a lifetime pension and positions of His Datos (direct followers) as Senators and/or Government positions with and under the American administration after the signing of the 1915 Carpenter Memorandum Agreement. However, deduced by the Americans as Highest Spiritual Leader (by which a Sultan is also such, indivisible in nature with its temporal power and position as Sultan), Sharif-Sultan Imam Ul-Alam Arpa standing as the Sultan of Sulu and as also of that said Doctrine of Government and religion, indivisible in nature, and nonetheless succeeding from Sultan Pulalun and the latter’s Crowned Prince Maharaja Adinda (heir-apparent) Taup as by the Rumah Bichara (voice of the peoples) and by consultation with Sultan Pulalun ratified by the Sultan of Brunei ( Sultan Jamalul Alam II), Sharif Sultan Imam Ul-Alam Arpa being the son of Maharaja Adinda Taup;
(8)
Whereas, the Sultanate Government in the Muslim National Archipelago (Philippine Islands) have never lost its Sovereignty and its Government functions are merely suspended due to foreign powers’ administrations;
Whereas, however, looked upon by foreign Sovereign powers as otherwise, lost and being under their Sovereign jurisdiction and/or under its National territorial delimited body politic, this is not true because our Sovereignty and Country was not lost thru default;
Whereas, the Treaty of Paris of December 10, 1898 after Spain’s forceful acquiescence upon the Muslim National Archipelago or so-called Philippine Islands, by when Spain sold to the United States of America for $ 20 Million Dollars in the Treaty of Paris of December 10, 1898, and by which the Sultan of Sulu and titular head of State of the strings of Sultanate Government were not contracting parties, and sold without the knowledge nor consent of said Sultanate Government, its Sultan;
Whereas, the Bates Treaty of August 20, 1899, an agreement between the Sultan of Sulu and the United States Government, later was unilaterally abrogated by the United States Government in 1903 without the knowledge nor consent of the Sultan and/or the Sultanate Government as a contracting party;
Whereas, the 1915 Carpenter Memorandum Agreement, although Sultan Kiram-II did signed, giving up His temporal powers was in no way a default of the Sultanate. It was merely the said Sultan stepping down in exchanged of a lifetime pension, and was replaced by a successor, Sharif Sultan Imam Ul-Alam Arpa deduced to Highest Spiritual Leader by the Americans, that do not have the competence to rule over the said act of deducing a successor;
Whereas, a successor is a successor and the Sultanate State was not abrogated. In abrogating a State, an instrument to be use is an executive order by the Sultan or Sovereign head, and not thru a mere Memorandum (1915 Carpenter Memorandum) demoting of the latter to a position, alike of a Governor;
Whereas, priory Sultan Pulalun after the 1862 signing of the Spanish protocol treaty, giving Spain sovereignty rights or pretensions of sovereignty over Jolo (Sulu), the said Sultan transferred his seat at the hinterlands. When then later in 1878, a self-acclaimed Jamalul Agdam presented himself to two British subjects as the Sultan of Sulu, entered into an agreement, signing himself as Sultan Jamalul Alam as the son of Sultan Pulalun, leasing and delivering North Borneo-Sabah to the British North Borneo Company without the knowledge nor consent of the reigning Sultan Pulalun at the hinterlands;
Whereas, in 1881-1884, Badaruddin-II came forth acclaiming to be the son of Sultan Jamalul Alam (known to have no heir nor children), and acclaiming himself as the next Sultan of Sulu;
Whereas, from 1881 thru 1884, usurpers to the Sulu throne, in conflict as: Alimmuddin, Harun Ar-Rashid and Amirul Kiram Awal-II came forth acclaiming themselves as Sultan of Sulu;
Whereas, Alimmuddin was driven off and/or retracted from his claim and went to Parang, Cotabato and eventually to Tawi-Tawi where he died;
Whereas, Harun Ar-Rashid was proclaimed by the Spanish government in Manila as the Sultan of Sulu as for expediency for the Spanish government’s intents and purposes. Although Harun Ar-Rashid was also driven off, and to Palawan where he retired;
Whereas, in 1884, Amirul Kiram Awal-II proclaimed himself as Sultan of Sulu in the title name as Sultan Jamalul Kiram-II as by his direct followers acclaiming the said sultan as the son of Sultan Jamalul Kiram-I (Muwalil Wasit), which is untrue because the latter is the father of Sultan Pulalun;
Whereas, these said usurpers and/or acclaimed sultans were in total disregard to the reigning Sultan Pulalun seated at the hinterlands, and underming the latter’s existence;
(9)
Whereas, said usurpers aside from being in conflict with one another by which one ruled south of Jolo and the other at the north, did conveniently served in the defense against foreign encroachments while the reigning Sultan Pulalun was seated at the hinterlands and the latter’s Pertama-Prince or Adinda and heir-apparent, Maharaja Adinda Taup, was fighting the Spanish encroachments far reaching the southern coast of Selurong or Luzon;
Whereas, Sultan Jamalul Alam’s claimed as the son of Sultan Pulalun was not legitimate for whether Sultan Pulalun either had a son or not, the latter had already proclaimed his successor heir-apparent Maharaja Adinda Taup in 1859, the father of Sharif Imam Ul-Alam Arpa, His Highness’ grandfather. Evident of Sultan Pulalun writing a letter of revocation to the leased treaty agreement between Sultan Jamalul Alam and the two British Subjects by which was not heeded upon by the British North Borneo Company;
Whereas, evident that the said sultans were usurpers from the 1878 Jamalul Alam, 1881 Badaruddin-II, Alimmuddin, Harun Ar-Rashid and to the 1884-1915 Amirul Kiram Awal-II or Sultan Jamalul Kiram-II was the visible presence of the reigning Sultan Pulalun and his Adinda heir-apparent, Maharaja Adinda Taup in 1899 with American Military U.S. Government Representative meeting (appertaining plan to remove Sultan Jamalul Kiram-II in stepping down to surrender) at the hinterlands after the Treaty of Paris of December 10, 1898 and then later the 1915 Successor-Sultan Sharif Imam Ul-Alam Arpa (son of Maharaja Adinda Taup) replacing Sultan Jamaulul Kiram-II (surrendered his temporal powers in exchanged for lifetime pension) and the said Sharif-Sultan succeeding as the tacit Sultan and Highest Spiritual Leader of the Sultanate of Sulu and North Borneo-Sabah while under the American administration of the Department of Mindanao and Sulu, with the popular support of the peoples, and as concurred by Sultan Pulalun at the hinterlands and his Adinda with the solemn ratification of the Brunei Sultan Jamalul Alam-II; moreover, the 1921 Declaration of Rights and Purposes submitted in 1926 to the U.S. Congress; are indicatives, as well, that the Sulu Sultanate did not default nor lost its sovereignty;
Whereas, the 1915 Successor-Sultan Sharif Imam Ul-Alam Arpa promulgated the developments of the Sulus; were acts of sovereignty and political will and as by the Declaration of Rights and Purposes were clearly indicative of the Sultanate government never lost its sovereignty nor the abrogation of its state by default; and evidently shows that so-called sultans as Jamalul Alam (Agdam/Azam), Badaruddin-II, Alimmuddin, Harun Ar-Rashid and Jamalul Kiram-II (Amirul Kiram Awal-II) were , if not, usurpers;
Whereas, that is why the Sultanate was not abrogated nor was it in default. Moreover, when Governor Carpenter of the United States Government enacted the Carpenter Act of 1915 stipulating the exemption of North Borneo-Sabah being under U.S. administration, but as still belonging to the Sultanate of Sulu. Thus, in its interpretive letter, legally guaranteeing the preservation and continuing existence of the Sultanate of Sulu and North Borneo, the State;
Whereas, the Sultanate never lost its Sovereignty, nor its State and Country thru default. To default is to acquies or surrender tacitly and/or estopled and not to pursue its claim. And moreover the Sultanate profoundly recognized as a dejure Sovereignty by entreaties entered with into treaties before and after the Treaty of Paris of December 10, 1898;
Whereas, after the death of Sultan Jamalul Kiram-II in 1936, the leased rental payment ceased, as to the controversy of who would receive the yearly annuity of North Borneo-Sabah, having no heir coming forth from Sultan Jamalul Kiram-II, known to have none. While the heir/s of Sharif Sultan Imam Ul-Alam Arpa (died in 1934) could not possibly claim being inducted into the U.S. Army and not having been notified and not having knowledge of the said death of the Sultan pensioner, during that time of the advent to the beginning of world war-II;
Whereas, in 1939, the British High Court in North Borneo, considering the said controversy, and without the technology in telecommunications at that time and taking into account that the 1915 Carpenter Memorandum was a default of the Sulu Sultanate, passed judgment for any Kiram heir/s who would in the future claim of said annuity. That high court decision being a mistake, had it only known of Sultan Jamalul Kiram-II having had no heir, nor could not be from an allege brother, known as Muwalil Wasit (Sultan Jamal Ul-Kiram-I the father of Sultan Pulalun) said judgment should have reverted to the heir/s of Sharif-Sultan Imam Ul-Alam Arpa considering the said Sultan Kiram-II was replaced by Sharif-Sultan Imam Ul-Alam Arpa the latter who have implemented the development of the Sulus and the literacy campaign for his peoples. Governor Carpenter working with the Sultanate Sharif Sultan and Highest Spiritual Leader, Sulus development;
(10)
Whereas, it took 21 years later in 1957 that the present Kirams filed a claim for the said annuity as private heirs and not as successor to sovereignty-which was not in issue. Moreover, with the total disregard to the fact that the 1915 Sultan Kiram-II was replaced by Sharif Sultan Imam Ul-Alam Arpa, the said Highest Spiritual Leader;
Whereas, in 1962 and in 1969, the Kirams gave the GRP an irrevocable power-of-Atty, transferring their supposed sovereignty to GRP claims over North Borneo to be under Philippine Sovereignty, which almost brought the Philippines and Malaysia to the brink of war, the latter having known of the secret “Operation Merdeka” of Pres. Marcos to take North Borneo-Sabah by force using Sulu Muslims first made to have understand of such plans against the communists. The Sulu Muslims were massacred when they learned and declined of such plan, not against the communists, but instead against brother Muslims in taking North Borneo-Sabah by force to be under Philippine Sovereignty. This massacre was known as the “Jabidah Massacre”. The said massacre prompted the emergence of the MNLF-Moro National Liberation Front;
Whereas, in 1968 His Highness’ Father Col. Sharif Carpenter “Utong” Arpa-I established the Sultanate of Zamboanga and Basilan which in 1976 became a sort of “Bridge” between the GRP and the MNLF. Being instrumental in the Peace negotiation with Admiral Espaldon of the GRP and Nur Misuari of the MNLF for Autonomy in the Mindanao and Sulu, however, instead resulted to the Tripoli agreement for the Autonomous Region for Muslim Mindanao or ARMM. About eight months later, the GRP retracted breaching its agreement. On or about 1994, the ARMM was finally given, but under GRP administration causing some MNLF members to have left for the wanting of total autonomy and creating the Moro Islamic Liberation Front or MILF;
Whereas, His Highness’ father Col. Sharif Carpenter “Utong or Untong” Arpa-I establishing the Sultanate of Zamboanga and Basilan was a clear manifestation of the Sulu and Mindanao-Maguindanao Sultanate’s authority upon its Moro Regional Capital and upon its territories and its tacit Sultan’s acts of sovereignty and political will, not registered with the foreign Philippine Securities and Exchange Commission-SEC nor as an NGO;
Whereas, in 1996, a Final Peace Agreement was signed between the GRP and MNLF for supposedly genuine autonomy for Sulu and Mindanao, but instead is on a balance due to GRP catering to other matters as the MOA with the MILF;
Whereas, continued negotiations between the GRP and MNLF, brokered by the international community and hopefully should eventually lead to affirmative answers, ultimate peace solution and a contributing factor to the self-determination of the Sultanate of Sulu/ Mindanao and its territories;
Whereas, the 1962 and 1969 irrevocable Power-of-Atty. by the Kirams as the supposed sovereign Sultan of Sulu surrendering their sovereignty to the GRP for GRP claims over the territory North Borneo-Sabah is unfounded and unwarranted;
Whereas,in the Kiram’s Case, sovereignty as such was not in issue… Filed a claim for proprietary rights as the supposed heirs of the 1915 Sultan Jamalul Kiram-II… and even if sovereignty had been put in issue, that court, under international law, did not have the competence to rule on the question of sovereignty. So, whatever decision that British Court, by where Chief Justice Macaskie may have promulgated in 1939 does not bind the Sultanate of Sulu and North Borneo-Sabah, nor does it bind the Philippine republic, the latter being given by the Kirams an irrevocable power-of-Atty to claims over North Borneo-Sabah. And GRP claims over North Borneo-Sabah by virtue of said power-of-Atty, the GRP claimed that in 1915 these said heirs-Kirams abided to the Memorandum directive (Sept. 20, 1936) of President Quezon, as indicated by Philippine Senator Sumulong; that, the Philippine Government, in 1915, was the successor in sovereignty to the Sulu Sultanate that had supposedly passed out of existence, and that the Philippine Government was entitled to receive the yearly leased rental payments of North Borneo-Sabah, but having allowed Sultan Jamalul Kiram-II receiving it till the latter’s death in 1936, and having made no claim after 1936 death of the said Sultan; and a Philippine court having declared the plaintiffs (Kirams) to be private heirs of the said Sultan, entitled to the yearly payment, the Philippine Government must have deemed to have waived its right to the yearly payment in favor of the said private heirs;
(11)
Whereas, having accepted the said decision which declared the 1878 contract (Leased Treaty Agreement of North Borneo-Sabah) to be a cession in perpetuity, and having issued receipts in writing acknowledging the yearly payments to be cession monies, how can these said heirs (Kirams) say that the contract was a mere lease. And having accepted the said decision which declared that these said heirs have the only right to receive the yearly payment, how can they (said heirs-Kirams) now contend that they have the right to terminate the 1878 leased contract, which they now alleged to be a mere lease, demand for the restoration of North Borneo;
Whereas, these said heirs having accepted the said decision which declared them to be mere private heirs of Sultan Jamalul Kiram-II entitled to 1/24 of the yearly payment, how could it be in September 1962 claimed to be the new Sultan of Sulu and as such empowered to represent the Sultanate of Sulu in ceding North Borneo to be under the sovereignty and a political component of the Philippine Republic;
Whereas, these said heirs of Sultan Jamalul Kiram-II who through their Lawyer wrote in February 1962; to the Philippine Department of foreign affairs offering to transfer their claim of sovereignty over North Borneo to the Republic of the Philippines, reserving to themselves their proprietary claims. This offer was agreed to by President Diosdado Macapagal and so, to give semblance of legality to the transfer of sovereignty sometime in September 1962, it was proclaimed that the Sultanate of Sulu is existed with Ismail Kiram as the new Sultan of Sulu and as such he signed the deed of cession transferring the claim of sovereignty to North Borneo (Sabah) to the republic of the Philippines;
Whereas, it was made to have appeared that, the Sultanate of Sulu State, its sovereignty to North Borneo was transferred to another sovereign state, the Republic of the Philippines. It was designed to produce the effects of a treaty of cession just like the Treaty of Paris of December 10, 1898, whereby Spain ceded the so-called Philippine archipelago (Muslim National Archipelago) to the United States;
Whereas, can the President of the Philippines enter into such Treaty of cession without submitting it for ratification by the Philippine Senate. It is clear that under Philippine constitution, such a treaty cannot take effect until ratified by the necessary 2/3 vote in the Senate… if the Treaty of Paris whereby Spain ceded the Philippines to the United States had to be ratified by the U.S. Senate, (which it should) how can President Diosdado Macapagal Dispense with the constitutional requirements of the Senate ratification for this cession of North Borneo by the Sultanate of Sulu to the Philippine Republic;
Whereas, in essence, the 1939 High court decision in favor of the Kirams’ claim as private heir is virtually a mistake, in total disregard to the successor-sultan and highest spiritual leader. The Kirams’ claimed as private heir/s is, if not, a mistake too considering that the 1915 Sultan Jamalul Kiram-II had no heir as of the historical translation and facts; moreover, their claiming to be The Sultan of Sulu is also virtually dead due to the said Sultan Kiram-II who surrendered his temporal powers in the 1915 Carpenter Agreement with his signatories as Haji Buto Abdulbakie Rasul, brother Gulamu Rasul and other of their datos stepping down in exchanged for a lifetime pension and/or positions with the Department of Mindanao and Sulu under the U.S. Administration, while replaced by Sharif Sultan Imam Ul-Alam Arpa, the latter deduced as highest spiritual leader and made as Municipal President, and his father, Maharaja Adinda Taup, as Panglima or as Governor under the Department of Mindanao and Sulu under U.S. Administration;
Whereas, the present Kirams giving up their supposed sovereignty to the GRP thru an irrevocable Power-of-Atty in 1962 and in 1969 for GRP claims over North Borneo-Sabah to be under Philippine Sovereignty and given GRP positions while reserving to themselves their so-called “Proprietary Rights” as the supposed private heirs of the 1915 Sultan Jamalul Kiram-II and as its annuity receiptient of the 1878 lease treaty agreement of North Borneo-Sabah. Thus moreover, voids any Kiram claim;
(12)
Whereas, the sovereign state of the Sultanate of Sulu and North Borneo-Sabah is existing to this day with the rightful heir, by succession and by heredity through and from Sharif Sultan Imam Ul-Alam Arpa, the latter being His Highness’ Grandfather, who succeeded His Father, Maharaja Adinda (heir-apparent) Taup, the first cousin and Highest Crowned Prince-Pertama of Sultan Pulalun; and the Sulu Sultanate existing as by entreaties and/or entered with by treaties, as the 1915 Carpenter Act, in its interpretive letter, legally guaranteeing the preservation and continueing existence of the Sulu Sultanate sovereign State, the 1915 Carpenter Memorandum Agreement recognizing the dejure Sovereignty of the Sulu Sultanate, and the Bates Treaty of August 20, 1899 profoundly recognizing the dejure sovereignty of the Sulu Sultanate State after the fact of the December 10, 1898 Treaty of Paris by when Spain sold the Muslim Sultanate Archipelago or so-called Philippine Islands to the United States without the knowledge nor consent of the Sulu Sultanate Titular Head of State, nor of the strings of Sultanates by consanguinity;
Whereas, President Diosdado Macapagal enacted the GRP RA-4166 changing the Philippine Republic’s independence from July 4, 1946 to June 12, 1898, moreover, clearly excludes the Muslim Sultanates National Lands and Territories from the Philippine Republic because when General Aguinaldo declared that said day of independence, the Muslims were not free and were still at war fighting foreign encroachment in the Southern Archipelago on June 12, 1898 defending our Sovereignty;
Whereas, the 1987 GRP Constitution, its framers used the archipelagic theory to delineate and redefined the present Philippine Republic’s National Territory, instead of using the 1898 Treaty of Paris, as the legal cornerstone for definition and delineation of its National territorial limits which does not specify the inclusion of the Sulu/Mindanao. The non-reference or casting aside of Article III of the Treaty of Paris in the 1987 GRP Constitution, evidently showed to have illegally included the Mindanao and Sulu, in the 1935 to 1971 GRP constitution;
Whereas, considering the unwarranted Treaty of Paris of December 10, 1898, the Sulu/Mindanao Sultanate is still at its ancient monarchial statehood and sovereignty; reverted to the latter by the 1987 GRP Constitution;
Whereas, the 1987 Philippine constitution non-invocation of Article III of the Treaty of Paris clearly affirms that from 1935 to 1971 unlawfully made the Mindanao and Sulu lands and territories, a political and territorial component of the Philippine Republic. Constitutionally, the Islamic Sultanates’ States, moreover, regained its total independence from the Philippine Republic administering upon it and which also re-assumed its pure state of colonial composition as in the Spanish Era, and its political character in the Muslim National Archipelago that was being attemptively conquered, colonized and Christianized. Moreover, the Spanish Cortes-the law making body of Spain refused to sign the sale of the said Muslim National Archipelago, in the Treaty of Paris, making its transfer to U.S. Administration moreover unwarranted and unfounded;
Whereas, the Sulu Sultanate Territory of North Borneo, presently under the Administration of Malaysia, Malaysia have no valid claim or right to have taken over North Borneo, nor did Indonesia with Southern Borneo or Kalimantan. Malaysia and Indonesia cannot ensure for long the security of North Borneo and South Borneo-Kalimantan, respectfully. Evident of the Kalimantan revolutions and its people Suluans, for a free people that is being administered upon, monopolized and treated as second class citizens, for a free people in a free world;
Whereas, a profound and farsighted contemplation of the present and potential security in the whole region will conclusively support judgment that the restoration of North Borneo, Kalimantan and the rest of the Sulu Sultanate/Mindanao territories, be return and would be the durable measure that could best ensure the betterment of its peoples, with the return of its total sovereignty and total independence, and to guard against territorial disequilibrium and restlessness in the area/s, and could constitute the firm and stabilizing factor to the better security of its peoples and of the region;
Whereas, the Philippine Republic, Malaysia and Indonesia having placed some of the Sulu Sultanate’s lands and territories as part of theirs, national territory, are not in accordance with the principle of self-determination(which is the accepted way out of colonialism), based on an expedient of false security;
(13)
Whereas, it is imperative that the Sulu Sultanate claim be, because Kalimantan and North Borneo, with the rest of the Mindanao and Sulu Sultanate territories cannot be by itselves Independent, but part of the Sultanate of Sulu. The Sulu Sultanate territories placed under another state have no valid reason why, with the legal and historic basis of His Highness, the Sultan of Sulu-the Sultanate of Sulu and considering that Kalimantan and North Borneo with the rest of other territories of Tawi-Tawi, Palawan, Sulu, Basilan, Zamboanga Peninsula and the rest of the Mindanaos are contiguous with each other, the Sulu Sultanate territories, and vital to its security, these said territories should be return to its sovereign state, the Sultanate of Sulu, and Mindanao-Maguindanao, the latter as by consanguinity;
Whereas, the Sultan and His Highness’ peoples expect your exploring in amity and in good faith, all issues of the Sultanate of Sulu/ Mindanao, Muslim Sultanate lands and territories and to devise first a short-range solution to the question of the Sultanate of Sulu and its territories and eventually a permanent one that would ensure the stability, peace and security of the state and of the region as a whole;
Whereas, in the claiming to recover His Highness’ ownership and sovereignty upon the rest of His Highness’ monarchial territories, His Highness and His peoples recognizes the pursuance of our historic and legal rights, and interest, and security, the cardinal principle of self determination of which His Highness, the Sultan of Sulu, is asserting in this legal and valid claim;
Whereas, for the genuine Stability, Peace and Security for the Mindanao and Sulu, its developments, the Sultanate cause for self-determination should be heeded upon as it is the most rightful persuasion for its return of total Sovereignty and Independence that would ultimately mull the Peace and Order problem in the Mindanao and Sulu, Sultanate Lands and Territories;
Whereas, Rightful as it is valid, as of its historical rights and legal basis, the Sultanate as the rightful government;
Whereas, the Philippine Republic and the United States, as by United Nations Constitution, to return the Sultanate’s total Independence and its sovereignty to full extent with the recognition of His Highness, the Sultan, and His existing State;
Whereas, His Highness’ father was having been prevented to come forth to the throne due to being in the Philippine Constabulary and priory with the U.S. Army or USAFFE since 1937 after initially being with the Moro Constabulary created by the U.S. Dept. of Mindanao and Sulu under U.S. Administration or Commonwealth government by which President Quezon of the first Philippine Republic issued a directive on September 20, 1936 that anyone in Mindanao an Sulu shall ceased of being a Dato and/or Sultan, and or any sultanate government shall be reprimanded. His Highness’ father would have face charges of mutiny and sedition, if he did come forth and/or while in-service with the Moro Constabulary, U.S. Army and Philippine Constabulary. That is why his highness’ family were forced to go at parallel sovereignty, as Ambassador Plenipotentiary Pullong “Fudlun-Pulalun” Arpa who had sponsored Muslims from Mindanao and Sulu with his counterpart Senator Domacao Alonto to the prestigious Al-Adzhar University at Cairo-Egypt while establishing diplomatic foreign relations with Muslim countries by entreaty and treaties made now benefiting Philippine Muslims and Muslims of Mindanao and Sulu as OFWs (contract workers) to these said countries, contrary to Philippine President Quezon’s policy to attract our Muslims away from Malaysia and the Muslim world, and as tacitly adapted by some prior Philippine Presidents;
Whereas, present Usurpers coming forth and acclaiming to be Sultans of Sulu, a principality created by them to the notion that the Throne was vacant, while His Highness and/or His family were at parallel acts of sovereignty and political will for the Raayats- peoples of the Sultanate territories;
Whereas, likewise such principality created of the plebiscite in North Borneo-Sabah to becoming a national territory of Malaysia succeeding the 1878 Leased Treaty rights from Great Britain and from the original treaty rights of the said two British subjects, is unfounded;
Whereas, principalities created by said usurpers and said plebiscite are politically having undermined His Highness’ existence as rightful heir and Sultan of Sulu, its rightful government of the Sulu Sultanate territories as by succession, heredity and consanguinity;
(14)
Whereas, His Highness, as Sultan and sovereign head of the Sultanate of Sulu and North Borneo-Sabah and territories as by consanguinity, its peoples to reunite with one voice, one breath in support to His Royal Highness, Sultan Sharif Maulana Paduka Ahmad Carpenter Arpa-V, the Sultan of Sulu territories in bringing about the return or total sovereignty and independence of His Highness’ Country, State and Nation;
Whereas, government positions in the present Philippine Republic, Malaysia and Indonesia administering upon its respective Mindanao and/or Sulu Sultanate territories shall remain same under the Sultanate government, and shall be reconstructed as deem with some amendments and by appointments, if necessary;
Whereas, if whosever so obdurate and numb (Matugas heban banhud waiy pikilan) to His Highness’ Rightful Persuasion, that other nation’s sympathy could not warmth him cozily, His Highness as of His Race (Pihak) and as vicegerent reminds: “If he or they steals, there was a brother or family of his or them who did steal before him or them”. :Surah 12:77:1747. But these things did keep, His Highness, locked in His heart, revealing not the secrets to them;
Whereas, we cannot redeem our kingdom unaided, and your spirit, your age and your valor (Audacious bravery) have given His Highness more confidence for it matters not whether foreign dominion upon us, our lands and territories had arisen then from either conquest or by compact, but these should end now for our sovereignty, our peoples and our culture are eternal, and with His Highness’ Leadership-Management to work together for our self-determination ( which is the accepted way out of colonialism), our cause, and protecting our unalienable rights, dignities and the undeniable support to His Royal Highness on His Honorable cause towards the Return of Total Sovereignty and Independence of the Sultanate of Sulu and North Borneo-Sabah and its territories as by consanguinity, in the way of Allah;
Whereas, the Sultanate’s “Preamble” depicts and indicates its State historical facts as part of its preliminary statement in its constitution, as of that light that first shined upon us some 500 years before our lands and territories had fallen under foreign encroachments and foreign sovereign jurisdiction/s, which was no ordinary light, but the light from the Prophet-Nabi bloodline bringing upon us the “Door to Mecca”, and unto the basis of the existence of our Sultanate State by which was founded on the basis of our religion (Islam) and not by terror and war;
Whereas, the Sultanate State by which our principles of governance attributes its authority directly to Allah through Islamic Shari’ah law which upholds and/or observes the unity and sovereignty of Allah or Tawhid, rejects the notion of the separation of religion and government, and by which the concept of a Islamic Sate asserts that such kind of political organization have the characteristics that conforms to Qur’anic teachings and principles. The Importance of what the Sultanate, the dictates of the Holy Quran is not what form of government, but however greatly emphasizes the nature of its society;
Whereas, the Mindanao and Sulu Sultanate and its territories, an Islamic Sovereignty state was raised to the pinnacle of importance and seriousness in relation to Spain’s claimed of sovereignty over this Independent political entity leading to its irregular cessions to other foreign powers by the Treaty of Paris of December 10, 1898, and eventually the incorporation into with the Philippine Republic. Synonymous of North Borneo-Sabah with Malaysia, and Kalimantan with Indonesia, administering powers. Presently, His Highness’ very strength for which He strives shows our peaceful disposition thru this Resolution;
Whereas, in the prosecution of His Highness’ legal and valid claim, His Highness will do acts of sovereignty and political will, doing any such as, flying our National Flag and Flags of Ancestral Authority, never to sacrifice His Highness’ Seal and Ancestral Flags of Authority and for the upliftment and alleviations of His Highness rights and dignities and of His Highness peoples, establishing diplomatic relations with other head of state, as deemed;
Whereas, doing any such acts of sovereignty clearly of His Highness’ presence and the existence of His Highness’ State;
(15)
Whereas, His Highness the Sultan Suluk Negara by or with entreaty in order to secure His State will desire the appointment of Bruneian advisers and residents. The Sulu Sultanate, its territories of Sulu, Basilan, Palawan, Tawi-Tawi and the Mindanaos(as by consanguinity) to be drawn gradually from GRP administering powers. While North Borneo-Sabah from Malaysia and Kalimantan from Indonesia entailing the semi-internal independence of the Sulu Sultanate and its Government functions towards its total extent that has been suspended under Foreign Powers’ Administrations;
Whereas, this will not derogate overtly the residency period; Brunei could treat the Sulu Sultan in Public, with the difference due to the highest authority in the Sulu Sultanate State in whose name all laws are to be enacted and/or re-enacted;
Whereas, as head of State, His Highness’ primary duty is to govern in such a way as to ensure the welfare of His highness’ peoples, according to their respective status in the society. In return, His Highness the Sultan of Sulu will be entitled to certain forms of revenue collections and to conduct foreign relations, and as the symbol of Muslim dignity and of His Highness’ people’s dignity, unity and the legitimacy of His Highness’ existing State;
Whereas, other residents and advisers from Malaysia, Spain, Indonesia, Philippines and the United States of America are deemed favored, and Brunei to take a handle of its promulgations altogether, and the United States to provide security management in protecting the Sulu Sultan and territories of His Highness, and His peoples;
Whereas, promulgations in having to affect the economy of the Sulu Sultanate State, its Government, to enable the obligatory norm of such a Monarchy providing social welfare indemnity-pension for its citizens 30 years old above, education, medical, dental and housing projects; and for the Sultanate State being able to stand on its own as by United Nations constitution;
Whereas, as well Spain and the United States together in establishing the Sulu Sultanate of its armed forces inclusive of military equipment and training of its Royal Armed Forces Personnel;
Whereas, primarily economy for the Sultanate State shall be edified by support of the aforesaid two countries, and the United Nations, spearheaded by the United States to include concessions and/or of similar nature as promulgated by Brunei;
Whereas, H.R.H. Sultan Sharif Maulana Paduka Ahmad Carpenter Arpa-V is coming forth as the heir without choice as by the death wish of His father, passed down to him from our forefathers/forebears who did ruled the said territories. His Highness, cordially is of the wanting of the edification of His Nation, country and State, and territories-as by consanguinity; as restitution and moral compensation to His State and Nation for the undermining veracity and the lost of jurisprudence it had suffered in the past century or more of foreign encroachments, and of under foreign Sovereign powers administering upon His country and Nation, its State and territories, and territories by consanguinity. But we have moral jurisprudence which is the most accepted way;
Whereas, presently the Sulu Sultanate, its lands and territories and territories by consanguinity under foreign administering powers and sovereign jurisdiction, its government functions, suspended since foreign powers’ administration; now, therefore, be it resolved by the Royal House of the Sultanate of Sulu and North Borneo, with its territories and territories as by consanguinity, that it is in the sense of the Royal Sultanate of Sulu and North Borneo-Sabah that the latter, subject to the leased rights of the British Government, presently now, the Leased Rights of Malaysia, and the territories under GRP administering powers; territories of Sulu, Tawi-Tawi, Palawan, Basilan and tributary trust territory of Jambangan-Zamboanga Peninsula, and the Mindanaos as by consanguinity, aswell as the territory of Kalimantan under Indonesia administering powers and adjoining islands as: the Spratley islands group to Balabac island group of the Palawan territory, Caragas of Eastern Mindanao territory, Miangas island group of Southern Mindanao territory, group of islands in the Moro Gulf and Sulu Seas, Makassar Straits and Karimata Straits of Kalimantan and North Borneo, territories; belongs to His Highness the Sultan of Sulu Negara (territories), the Sultan Suluk Negara (Sultan of Sulu Territories), Sultan Sharif Maulana Paduka Ahmad Carpenter Arpa-V, and falls under His Highness’ ultimate sovereignty;
(16)
Whereas, the Sultan Suluk Negara to exhort the Governments of the Republic of the Philippines, Malaysia, United States, Spain and Indonesia, suitable steps for the restoration of the ownership over the Sultanate of Sulu and North Borneo-Sabah, and its territories, the recognition of its sovereignty, the Sulu Sultanate and its sovereign Jurisdiction over same; the Sultan of Sulu cordially exhorting the aforesaid countries; its Presidents and Sovereign heads to inform the United Nations and the Organization of Islamic Conference of such action of their support to His Highness, the Sultan of Sulu, may take relative hereto, and, if necessary, the Sultan to cordially recommend to the aforesaid countries, and the GRP-President, Malaysia’s and Indonesia’s any such measures as may be expedient to carry out the import of this resolution; which is not dismembering their countries, its delimited body politic or territorial components considering on the account of the Treaty of Paris of December 10, 1898 and entreaties entered into with treaties profoundly recognizing the dejure sovereignty of the Sultanate of Sulu and North Borneo-Sabah, before and after the fact, the December 10, 1898 Treaty of Paris.
The Sultan and His Highness’ peoples expect the exploring in amity and good faith the issues of the Sultanate of Sulu/Mindanao (as by consanguinity) and its territories, the Muslim Sultanate lands and territories and to devise a short-range solution to the question of the Said Sultanate and eventually a permanent one that would ensure the Stability, Peace and Security of His Highness’ Monarchial Sultanate Islamic State and of the region as a whole.
The United States of America, a nation reputed, revered and recognized as the greatest power on earth, the most civilized and politically advanced, a staunch advocate and exponent of human rights, civil liberties and of democratic ideals and traditions should initiate a long due political and diplomatic initiative to restore and to bring about the return of total independence and total sovereignty of the Sultanate of Sulu/Mindanao (as by consanguinity) and its territories, its country and State if the United States of America is true to their universally-flaunted and very much-peddled reputation in human rights, social justice and democracy;
It is totally indefensible of Spain of its encroachment and forceful acquiescence upon the Muslim National Archipelagic islands or so called “Philippines” and to later have ceded it to the United States in the Treaty of Paris of December 10, 1898 without the representation of the Sultanates’ Titular Head of State, the Sultan, nor as a contracting party. Totally indefensible of the United States in turn to have incorporated the Mindanaos and Sulus in the making of the said archipelago into with the Philippine Republic on July 4, 1946, also without the representation of the Sultanate’s Titular Head of State, the Sultan, nor as a contracting party. Present sovereign powers administering upon the Sultanate lands and territories, and territories as by consanguinity, might just be as culpable as Spain and the United States.
In Mindanao and Sulu, the United States with its Hubristic and Dogmatic divestment of its temporal powers and all its sovereign pretensions under the 1915 Carpenter Memorandum, the United States also illegally and unjustly took possession of the Royal Domains of the Sultan of Sulu and the Sultan of Maguindanao (Mindanao), the latter by consanguinity, and deduced them and/or their heirs to the status of “endangered species”. In opinion, exactly the same fate suffered by the American Indians when their ancestral homelands were plundered and taken over during the “wild west”, the frontier period characterized by roughness, lawlessness and barbarism.
The improprieties, indignities, ideological violence, and power abuses of the United States against the Mindanao and Sulu Islamic State (which had not committed any act of provocation nor violated any provisions of international law), justifying and compelling American Military invasion and occupation; must be brought to the attention of the civilized world of nations, particularly the Organization of Islamic Conference and the United Nations. Sulu and Mindanao were not at war with the United States. We were not belligerent or hostile to the Americans and were neutral states during the war between the Republic of Gen. Emilio Aguinaldo and the United States at the time. Sulu and Mindanao were only at war with Spain and not with the United States. However, our territories were treacherously invaded without a formal declaration of war from the U.S. Congress as what was done with Spain. The Sultanates of Mindanao and Sulu could have prepared ourselves for such eventuality had a formal declaration of war was issued by the U.S. congress against us, being an independent and sovereign states/s, at the time having regained our statehood and sovereignty from the subjugation of the Spanish Crown, prior to the sneak arrival of the United States forces into our lands and territories.
The United States Military Forces without any valid and legal justification intruded into the territorial domains of the Sultanates of Sulu and Mindanao, and imposturiously claimed sovereignty and ownership of the state/s by virtue of the Treaty of Paris of December 10, 1898, which had no binding effects or applicability over these sovereign and independent monarchial states.
(17)
The cession and sale of the Sultanate Muslim National archipelago or so-called Philippines in the Treaty of Paris between Spain and the United States was a political and mercantile transaction patently null and void for the said archipelago was not a territorial possession of Spain either by conquest or purchase. If the legal basis for the cession and sale was the “law of Krag”, the “law of Nations” which is embodied in the 1787 U.S. constitution states that only contracting states are bound by the provisions of a treaty. The Sultanates in the Muslim national archipelagic islands or so-called Philippines, particularly the Sulu and Mindanao sultanate, were not contracting parties nor signatories, nor third state to the Treaty of Paris of December 10, 1898 concluded between Spain and the United States. The Sultanate of Sulu and Mindanao are not bound by this particular treaty when we were not even consulted, nor informed, nor even just represented during its negotiation.
The 1915 Carpenter Memorandum, a desperate attempt by the United States to try to abrogate the Sultanate deducing the Sultan and/or his successor to Highest Spiritual Leader; nothing in the agreement and/or in Governor Carpenter’s 1915 annual report indicated the quid pro quo (something given or received/ or something) on the part of the Government negotiations respecting the quid pro quo apparently delayed the full effect of the 1915 Carpenter Memorandum.
The Sultan stepped down and replaced by a successor deduced to Highest Spiritual Leader (Sharif Sultan Imam Ul-Alam Arpa) and the relieved Sultan Jamalul Kiram-II was given a continuance/or life of His annual pension. In 1917, the Philippine legislature passed Act no. 2722 granting to the said Sultan usufruct of certain lands of public domains on the islands of Sulu as indicated in the commentary of author Peter Gordon Gowing of the book, Mandate in Moroland, copyright 1983, page 287, paragraph 3.
Clearly, the granting to the said Sultan usufruct of certain lands of public domain was, if not, concrete proof that the United States Government under the 1915 carpenter agreement already have had confiscated the royal territorial domains of the Sultan of Sulu and/or His successor and converted the entire Mindanao and Sulu archipelago into public lands as part of the department of Mindanao and Sulu, a political principality created in violation of article IV, section 3 of the U.S. 1787 constitution; and making the Highest Spiritual Leader and/or successor-Sultan Sharif Imam Ul-Alam Arpa as Deputy Governor and/or Municipal President under the Department of Mindanao and Sulu.
His Highness, the Sultan Suluk Negara, admittingly is not an expert in international law or jurisprudence being a non-lawyer. However, with moral jurisprudence, this does not prohibit nor hinder His Highness in exhorting His legitimate legal valid claim that pertains to the exercise and protection of His Highness; people’s basic human rights, civil liberties, our dignities as Muslims and the Sultanate country’s right to exist and/or continuing existence as a Sovereign State.
The United Nations constitution stipulated for its members, that….”ALL MEMBERS SHALL REFRAIN IN THEIR INTERNATIONAL RELATIONS FROM THE THREAT OR USE OF FORCE AGAINST THE TERRITORIAL INTEGRITY OR POLITICAL INDEPENDENCE ON ANY STATE OR IN ANY OTHER MANNER INCONSISTENT WITH PURPOSES OF THE UNITED NATIONS.’
The charter of the United Nations was signed on June 26, 1945 for the preservation, stability, peace and security of nations eleven months earlier before the United States granted self-government to the Philippine Republic on July 4, 1946 and annexed the Sultanate of Sulu and Mindanao and strings of Sultanates in the Muslim National Archipelago against the popular will of its peoples or so-called Moros, in violation of Article IV, section 3 of the U.S. 1787 Constitution and the declaration of purposes and principles of the United Nations (chapter 1 of the charter) to which the United States of America was a signatory being one of the 51 original members.
Sovereign States are, if not, the essence of the United Nations or UN coming to existence for the purpose of the Stability, Peace and Security, and Preservation of Nations and Countries. Although a nation and country might not be a member state, for some reason, that kept the world so largely and distant, the Sulu and Mindanao Sultanates would have already been a member state, if opportunity had arise. But just the same, the Law applies.
Without the formal abrogation, abdication and official act or rite of integration and incorporation of the Mindanao and Sulu Sultanate lands and territories by its supreme leader, the Sultan, with the full concurrence of all His Datos in the Executive, Legislative and Judicial branches of the Sultanate Government of Mindanao and Sulu, a Monarchial Government into the body politic of the Philippine Republic; all principles of logic and academic discourse, upholds the argument that the Sultanate of Sulu/Mindanao (as by consanguinity) and its territories remains a Sovereign and Independent State. And as by the;
MAHARLIKA KINGDOM
Royal Nobility
Maharlika was a Kingdom of Royal Nobilities wherein its rulers were of bloodlines of the Holy Prophet.In the 9th to the 12th century with India’s Majapahit Empire of Maharaja Pamarwasa, the latter’s suzerainty upon the territories also referred to as the Sri Vigaya Empire, a Satellite Empire of the Majapahit’s, under a kinship, King Luisong Tagean Tallano, comprising of Selurong-Luzon, Vigaya-Visayas, Maguindanao-Mindanao, Sulook-Sulu, Malayas-Malaysia, Bulongan-Brunei, Johore-Singapore and extending eastward to Ladrones-Guam, Carolines Islands and Havvaii-Hawaii.
The people’s religion was Hindu as State religion however there were others as, Sankhrit, and perhaps even Buddism. Rest assured that its rulers were Muslims. Evident when the Sri Vigaya Empire diminished, the territories embraced the religion of Islam. The King was referred to by Italian Traders as “Tallano”. The King’s sons were Raja Sulayman of Selurong, Raja Humabon of Vigaya, Aliwya of Maguindanao, a kinship Makdum of Soolok, son Panglima Ege(Kaliph Pulaka or Datu Pula, better known in Cebu as Lapulapu) of Sempurna Malayas, His cousin in-law, an Arab, Zein Ul-Abidin of Seri-Brunei, Sharif Kabungsuwan(Karim Ul-Makdum) of Johore-Singapore and Indonesia and territories extending eastward to Guam, Carolines and on to a kinship-King Kamehameha of Havvaii. These Kinships were the ruling class family of the Maharlika Kingdom.
The death of the Majapahit Emperor-Maharaja Pamarwasa in the 12th century, the Empire began to diminish and so did its Satellite Empire, the Sri Vigaya Empire. The Seri Ruler, an Arab, Zein Ul-Abidin whose wife-Eskander was the daughter of the Majapahit King, took his father in-law’s political authority and established the very first Sultanate of Bruney as Sultan Mohamad Shah. He had also went to Sulu to have succeeded Raja Baginda Ali, the latter being the son in-law of Ruler Paduka Batara, the Eastern King of Sulu who had passed away in Fuikein, China. Other rulers of the said territories also established strings of Muslim Kingdoms, then known as the Muslim National Archipelago.
1521 Spanish encroachment and colonization into Selurong, King Luisong did not agree of Spain's colonization/atrocities naming his kingdom as the Philippines, after Spain’s King Philip-II, and consorted with the Queen of Spain, however to no amicability reach. King Luisong Tagean Tallano then consorted with the British who defeated the Spanish and the former in 1764 issued a British Royal Protocol Decree 01-4 favoring the ownership of said territories to the said King.
When the British left, America in competing for colonization with Spain, supposedly bombed its own naval vessel, the USS Maine docked at Spanish colonized Cuba and blamed Spain for it as being an act of War. As restitution, Spain signed a treaty to have ceded the Philippines to America for 20 Million in Gold Coins in the Treaty of Paris of December 10, 1898 officially Spain ceding the Philippines, Guam and Puerto Rico to America tacitly agreed by with the King’s kinship, Don Benito Tallano who was handed the amount in paying Spain and to have Spain Issued the “Titulo De Compra” as by the Torren’s System as Original Certificate of Title or OCT 01-4 based on the Maura Law, the very first ever issued by Spain in the Philippines; affirming ownership of the Philippines to Prince Lacan Acuna Ul-Rijal Tagean Bolkiah-Tallano. Wherein, the Prince took on the name Bolkiah then under his uncle the Brunei Sultan-Hasan Bolkiah, who had suzerainty upon the said territories known as the “Singing Captain”. While his cousin, son of Raja Lakandula, San Agustin De Legaspi was reigning in Manilad, Selurong.
Sultan Bolkiah’s elder brother was Sultan Ahmad, the second reigning Sultan of Brunei who was succeeded by his nephew Sultan Seri Ali. Seri Ali was succeeded by Sultan Hasan Bolkiah, then Succeeded By Sultan Ul-Rijal. Sultan Ahmad who begotted Amir Alatas Uddin, the latter being the father of Sayyid Nakhoda Perkasa Angging and Nakhoda Sangkalang. Angging in 1704 was Brunei’s Maharaja for the Sulus (begotted Maharaj Adinda Taup who Begotted Sharif Imam Ul-Alam Arpa Who then Begotted Sharif Carpenter Arpa to Ashrf Paduka Ahmad Carpenter Arpa-V), and Nakhoda Sangkalang for North Borneo later after the two defended North Borneo along with Sulu warriors for the Brunei Sultan against the self proclaimed Sultan Mobin at North Borneo in 1613.
America paying 20Million in Gold Coins were handed over thru Don Benito Tallano who paid Spain for as well the Titulo De Compra later subdividing Luzon to other kinships, and recognition of Prince Lacan Acuna Ul-Rijal Tagean Bolkiah Tallano as owner of the Philippines as by affirmed by Spain based on the Maura Law in the Original Certificate of Title OCT 01-4 the very first land Title issued in the Philippines. Since the OCT 01-4 only covered the Philippines, the rest of the territories fell upon foreign administering powers who had later made said territories divided as independent sovereign States.
America concurred the ownership of the Philippines as well later in October 3, 1904 under U.S. ACT no. 496 Torrens Title that was also declared as OCT 01-4 as by the Torrens System. In 1913, U.S. Act no. 2259 affirming the Title OCT 01-4 of heir owners of fee simple and heirs/Princes of interest to their predecessors of Maharlika Kingdom, as registered. The Title of ownership to the heirs were farther substantiated and certified thru court certification, "Return of Sheriff" under Philippine Court.
The court In January 19, 1976 made judgment with final and executory decision in favor to Prince Luis Morden Tallano and/or heirs due to non-appearance of any claimant nor the appearance in court by the Philippine Government.
However, a court appeal was made under CA-GR no. 70014 by the Government declaring OCT 01-4 as null and void. Final decision is pending for Resolution. Whenever and whatever resolution-decision may be, it may affect the validity of both parties. Philippine Republic, land titles are based on a "deed of Absolute Sale" and as by the Torrens System, and so is the OCT 01-4 also as by the Torrens System, and vice-versa to Philippine land Titles of its citizens. Although, no other Titles were issued prior to OCT 01-4, Title issued as by same Torrens System, is contradictory of the Torren’s System.
It is so, because the Torrens Title is indefeasible and can not be voided by any land claimant who has no Title or whose Title is issued later; and is imprescriptibly or unsubscribed. As by the OCT 01-4, the initial mother Title issued upon the cadastral delimited territory of Maharlika for the Philippine archipelago, its case is likely be pending indefinitely for protection of all parties, apparently. The Present heirs and/or heirs of interest are assisting the homeless using OCT 01-4 as its legal basis against Government administrations that moves out the homeless from so called government lands without compensation nor relocation. We are the Tallano Foundation of the TALA ESTATES. Insha’Allah.
Wa Billahi Tawfiq Wal-Hidaya, Wassalamu Alaikum Warahmatulaah.
I am, H.R.H. Al-Sharif (Ashrf) Paduka Ahmad Carpenter Yu Tiamo Arpa-V
Ibni Maharaja Adinda Taup Angging (Anddin) Zein Ul-Abidin Rijal
Bolkiah Tagean Tallano Al-Marhum Sultan Shariful Hashim Abu’Bkr Mohamad Shah
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The Glorious and Holy Qur’an Cites: “Allah has promised to those among you who believe and do righteous deeds, that He will assuredly make them to succeed the present rulers and grant them Vicegerency (appointed governance and as administrative deputy) in the lands just as He made those before them to succeed others”, XXIV.55.
And Hadith (4543): “Fulfillment of the Covenant made with the Caliphs is Imperative. The Caliph to whom allegiance is sworn in the first instance has shall established supremacy over those who assume powers (by Caliphates) later”.
These verses makes it clear to all in having to conferred to bestow honor upon the Caliphate, that is, the Reign and Jurisdiction of a secular and religious sovereign head of state, in this case, a sovereign head of a Monarchial Islamic (Muslim) state.
Now considering the current state of affairs and "estados Uni dos" , His Highness could only stand for the kingdom as Tribal King for His Highness’ sovereignty over and upon His Highness’ Monarchial territories, the whole of Maharlika-strings of Sultanates of Pre-colonial era and since Sultan Pulalun, as by consanguinity, the Territories Ruled by His Highness’ Forefathers/Forebears, His Highness’ Ancestral Domains, standing as a Tribal Yang Di-Partuan from the Sulu Kingdom and the Extra-Ordinary Plenipotentiary Minister for all Tribal Affairs in the once Maharlika Kingdom.
Adopted, August 02, 2009
H.R.H. Yang Di-Partuan Sharif Paduka Ahmad Carpenter Arpa-V
MAHARLIKA SULTANATE SULUK NEGARA
MAHARLIKA SULTANATE OF SULU AND TERRITORIES AS BY CONSANGUINITY