General Principles of Intellectual Property: Concepts of Intellectual Proper...
HOW NORTH BORNEO (SABAH) BECAME A SOVEREIGN
1. HOW NORTH BORNEO (SABAH) BECAME A SOVEREIGN
TERRITORY OF THE ROYAL SULTANATE OF SULU
By
DRA FATIMA KHALIFA
(Researcher)
Revised
21 October 2020
Originally, North Borneo, now, Sabah belonged to the Sultanate of Brunei. However, reliable
historical records revealed that during the reign of Sultan Omar Ali Saifuddin-II of Brunei in the year
18281852, North Borneo (Sabah) was ceded to HRH Marhum Sultan Shariff Muhammad Pulalun of Sulu
as a reward to suppress the Civil in Brunei. Henceforth, from there on, North Borneo (Sabah) became the
sovereign part of the territory of the Royal Sultanate of Sulu.
On the fateful day of January 22, 1878, Jamalul Alam, signed and approved the Deed of 1878 which
granted a perpetual Lease of North Borneo (Sabah) to Gustavo’s Baron de Over beck and Alfred Dent
representing the British North Borneo Company and for and in consideration of Five Thousand (5,000.00)
Malaysian Ringgits only but later increased to Five Thousand Three Hundred (5,300.00) Malaysian Ringgits
as annual rentals. In the same Deed, fake Jamalul Alam also bestowed upon Gustavo Baron de Over beck
a Royal title of Datu Bandahara considering that North Borneo (Sabah) was a sovereign part of the Royal
Sultanate of Sulu and North Borneo. From the time of the signing and approval of the Deed of 1878 on
January 22, 1978, the British North Borneo Company has been paying the annual rentals as prescribed in
paragraph 2 of the Deed of 1878 and continued paying by the Malaysian Government to the heirs of the
Royal Sultanate of Sulu until today. The Deed of 1878 was an uncontroverted legal document that proved
to the whole world that North Borneo (Sabah) belonged to the Sultanate of Sulu.
On November 19, 1906, the United State (US) State Department sent a Note to the British Embassy
in Washing DC informing the British Government that North Borneo (Sabah) is not an imperial possession
of the British Crown but a lease granted by the Sultan of Sulu to the British North Borneo Company, a
company that did not have an administration as a standing of a government. The US State Department
has this note, to read:
“Sabah was not an Imperial possession of the British Crown, that the
British North Borneo Company had leased from the Sultan of Sulu, did
not have a national status, and that the company did not have an
administration with a standing of a government.”
On December 19, 1939, the heirs of the Sultan of Sulu filed a Civil Suit under case No.169/39 with
a Case Caption: Dayang-Sayang Hadja Piandao Kiram of Jolo, Sulu, Philippines, et al. vs The Government
of North Borneo, et. Al. with the High Court of North Borneo that North Borneo Sabah is owned by the
Sultan of Sulu and not the property of Malaysia. In a decision penned by Chief Justice Makaski which was
popularly known as the Makaski Judgment of 1939, the same Chief Justice upheld the VALIDITY of the
claim that North Borneo (Sabah) belonged to the Sultanate of Sulu and therefore, must be returned back
2. to the heirs. In filing the Civil Case, the alleged heir of the alleged Sultan of Sulu did not have any courtesy
of informing the reigning Sultan who was still alive on that time. On the other hand, The British
Government did not lift a finger to influence Malaysia who was their colony to return back North Borneo
(Sabah) to the heirs of the Sultan of Sulu in compliance with the Makasaki Judgment of 1939. Thus, the
Makaski Judgment of 1939 became a piece of white paper that has never been executed and implemented
and North Borneo (Sabah) remained part of Malaysia.
Before the British North Borneo Company left the island leased territory of North Borneo in 1946
and with blatant disregards to the provisions of the Deed of 1878, the Makaski Judgment of 1939 and the
disrespect to the US State Department Note of 1905, North Borneo (Sabah) was illegally annexed to
Malaysia without firing a single bullet. The British Government must have influenced or pressured their
colony, Malaysia to return back North Borneo (Sabah) to its original owner – The Sultan of Sulu like what
they have done to Hong Kong with Chinas. what the British has done to Hong Kong with China, the same
thing must have been treated to North Borneo (Sabah) with the Sultanate of Sulu. With that unjust
treatment, the British Government has committed the greatest injustice against the Royal Sultanate of
Sulu.
The annexation of North Borneo (Sabah) to Malaysia was HIGHLY
ILLEGAL and HIGHLY IMMORAL on the part of the British and Malaysia
Governments. Both governments had grievously violated Paragraph 4 of
the Deed of 1878, the provision of which is hereunder provided in part,
to read:
“…the rights and powers hereby leased shall not be transferred to
another Nation or another company with other nationality without
consent of their majesties government.”
In 1962, a British initiated referendum was conducted in North Borneo (Sabah) whose inhabitants
were mostly squatters and settlers. The British Initiated Referendum was mainly asked the Squatters and
Settlers in North Borneo (Sabah) whether or not they are in favor of joining the Federal State of Malaysia.
Naturally, without proper consultation and consent of the rightful and legitimate owner, the Sultan of
Sulu, it was expected that there was no strong opposition for the YES votes. Since there was no strong
opposition on the issue in the referendum, the result was an overwhelming YES votes by the squatters
and settlers in favor of joining the Federation of Malaysia. Henceforth, North Borneo (Sabah) was illegally
incorporated into the Federal State of Malaysia until today.
Without seeing any chance to retake North Borneo (Sabah), and through a Resolution of the Rumah
Bitchara dated August 29, 1962, the heirs of the Sultan of Sulu officially transferred and turn-over the right
and authority to claim over Sabah to the Government of the Republic of the Philippines at that time, the
President was H.E. Disdado Macapagal. After acknowledging and accepting the turn-over of powers and
authority from the heirs of the Sultan of Sulu, President Macapagal, immediately instructed his
VicePresident, Emmanuel Pelaez in an Order dated September 11, 1962 to file a case with the
International Court of Justice of the United Nation (ICJ-UN) against Malaysia that North Borneo (Sabah)
belongs to the Philippines and not to Malaysia.
3. Failure to recover North Borneo from the Federation of Malaysia through a peaceful and legal means
during the administration of President Diosdado Macapagal, the then, President Ferdinand Marcos
continued the claim. This time by force. President Marcos instructed Major Eduardo Martilino of the
Philippine Army to recruit Muslim Youth for military training and have “Operation Merdeka” to take Sabah
by force. Thus, Camp Sophia became the first Training Camp for Muslim Youth in Sitio Tourda in Barangay
Tampakan in the Municipality of Simunul, Province of Tawi-Tawi. After 6 months training in Camp Sophia
in Simunul, the training was transferred to a Military Camp in the island of Corregidor in Luzon. During the
training, the trainees knew that they were used to fight against their own Muslims brothers in Sabah which
was against their belief – “Muslim fighting against their own brother Muslims”. Knowing the move of the
young trainees, the Training officers massacred all the trainees except one (1) Jibin Arola of Bongao, Tawi-
Tawi survived. Again, President Marcos Operation Merdeka to retake North Borneo (Sabah) failed
miserably. While the Jabida Massacre failed in its mission to retake North Borneo (Sabah), the same
massacre gave birth to the organization of the Moro Secessionist Movement in Southern Philippines – The
Moro National Liberation Front (MNLF) with Professor Nurulaji Misuari as the Chairman.
It was very unfortunate that Malaysia holds nothing even a single document or historical record
proving that North Borneo (Sabah) belonged to them either by any means (Discovery), Invasion,
Occupation or Peaceful Political Settlement). Malaysia illegally and immorally annexed North Borneo
(Sabah).
It is also very important to mention that from the date of the signing of the Lease Agreement on
January 22, 1878 until today, the Malaysian Government was and still paying rentals to the heirs of the
Sultanate of Sulu and North Borneo. It is totally a crazy act of self-deception or fooling themselves for the
Malaysian Government to pay annual rentals of FIVE THOUSAND (5,000.00) and was increased to FIVE
THOUSAND THREE HUNDRED (5,300) only Malaysian Ringgits for a property or vast track of land which
they firmly and truly believe their own. The fact that the Malaysian Government was paying and still paying
Lease Rentals annually to the heirs of the Sultan of Sulu as provided for in the 2nd
paragraph of the Deed of
1878 (Lease) proved once and for all to the whole world including the whole of Galaxy that North Borneo
(Sabah) was and is exclusively owned by the Sultanate of Sulu and North Borneo and NOT OWNED by
Malaysia or anybody else.
ISUES AFFECTING NORTH BORNEO
(SABAH)
I
THE TRUE LEGETIMATE AND LEGAL
SULTAN OF SULU
The trouble on the succession to the throne of the Royal Sultanate of Sulu and North Borneo started
even during and after the reign of HRH Marhum Sultan Sharif Muhammad Pulalun-I from 1836-1941). The
true legitimate and legal heir to the throne of the Royal Sultanate of Sulu and North Borneo must come
only from the Royal Blood Line or primogeniture sons and grandsons of HRH Marhum Sultan Shariff
Muhammad Pulalun-I and NEVER from a Badjao who was a self-proclaimed and faked Sultan Jamalul Alam.
NOW, THEREFORE, it is believed that the only legitimate and legal Sultan of Sulu and North Borneo is HRH
SULTAN SHARIFF DEGMIN USMAN PULALUN-IV (2005-Present) who was truly the Primogeniture son of
4. HRH Marhum Sultan Shariff Akuk Ali Pulalon-III (1978-2005), the Primogeniture grandson of Pangiran
Shariff Ali Muhammad Pulalun-II (1941-1978) and a Primogeniture great grandson of HRH Marhum Sultan
Shariff Muhammad Pulalun-I (1836-1941). The succession to the throne of the Royal Sultanate of Sulu and
North Borneo from HRH Marhum Sultan Shariff Muhammad Pulalun-I to the present reining Sultan Shariff
Degmin Usman Pulalun-IV was strictly and religiously observing the PRIMOGENITURE – LAW OF
SUCCESSION and the Royal Edict of Sultan Shariful Hashim (Vertical Succession down the Royal Lineage).
The members of the Pulalun Royal family will continue to reign the Royal Sultanate of Sulu and North
Borneo and are not bothered by those who claimed their root from a faked Sultan Jamalul Alam and other
claimants because they became fake forever.
The Usurper, Tekke who belonged to the Badjao tribe from Pangutaran falsified his name as Jamalul
Alam and introduced himself to Gustavo Baron de Over Beck as the son of HRH Sultan Shariff Muhammad
Pulalun-I. He also informed the same British Businessman that his father died already and he was at that
time the reigning Sultan. In another historical account, Tekke who falsified his name as Jamalul Alam was
impotent meaning, incapable of producing a son and daughter for himself. The same Tekke (falsified
Jamalul Alam) has four (4) stepped sons brought to him from his two wives (Lana and Sayah) of different
fathers. Badaruddin was the only stepped-son brought to him from his 1st
wife (Lana) from an unknown
father while the other 3 younger stepped sons were brought to him from his 2nd
wife (Sayah) namely -
Jamalul Kiram II, Mawallil Wasit and Mawallil Atik. For purposes of introduction, the 3 stepped-sons were
the biological sons of Captain Arolas, a Spanish Military Officer. By Primogeniture – Law of Succession and
the Royal Edict issued by the 1st
Sultan Shariful Hashim, all the 4 stepped sons and other Kirams who
claimed to have rooted from fake Jamalul Alam and are claiming to be Sultan were/are all FAKED SULTAN
and do not have Royal Lineage.
II
ILLEGALITY OF THE DEED (LEASE) OF 1878
The Deed (Lease) of 1878 duly signed by faked Sultan Jamalul Alam granting a lease of North Borneo
(Sabah) to Gustavo Baron de Over beck on January 22, 1878 was not only highly illegal but also highly
immoral. It was highly illegal and highly immoral in the clearest sense of the word because Tekke or
Jamalul Alam was NEVER a primogeniture son of HRH Marhom Sultan Muhammad Pulalun nor was he
(Tekke or Jamalul Alam) been related either by Consanguinity or affinity to any member of the Royal
Family of the Royal House of the Sultanate of Sulu and North Borneo. The truth and in fact, Tekke belong
to a Badjao from Pangutaran, one of the municipalities of the Province of Sulu was only designated as a
Horse Care-Taker by HRH Marhom Sultan Shariff Muhammad Pulalun in his Palace in Maimbung Sulu. His
Royal Highness never proclaimed Tekke or falsified Jamslul Alam as his successor to the throne of Sultan
of Sulu and North Borneo. He knew pretty well that Tekke or Jamalul Alam was a Badjao and NEVER to
have been his primogeniture eldest son. A simple glance at the 1st
paragraph of the Deed of 1878 which
is hereunder provided and quoted in part:
“We, Sri Paduka Maulana Al Sultan MUHAMMAD JAMAULUL ALAM, son
of Sariff Paduka (Marhum Al Sultan MOHAMMED PULALUN, Sultan of
Sulu and all of the dependencies thereof, on behalf of and for our heirs
and successors, and with the expressed desire of all the Datus in common
Agreement, do hereby desire to lease, of our own free will and
satisfaction, to Gustavo Baron de Over beck of Hong Kong and to Alfred
5. Dent, Esquire of London, who act as representative of a British Company
together with their Heirs, associates, successors, and assigned forever and
until the end of Time….”
From the foregoing paragraph, it is very clear that Tekke (Jamalul Alam) was claiming to have been
the son of HRH Marhum Sultan Shariff Muhammad Pulalun was a blatant LIES. Since time immemorial,
the whole members of the clan of His Royal Highness from the 1st
to the present 4th
generation, NEVER
HONORED and ACKNOWLEDGED such claim and instead labeled him (Tekke) as a FAKED SULTAN. The
Royal Family of HRH Marhum Sultan Muhammad Pulalun challenged any members of the Tekke’s (Jamalul
Alam) Family from all their generations to come forward and name who was Tekke’s (Jamalul Alam)
mother, sisters and brothers from among the 11 legal wives of their Great Grandfather – HRH Marhum
Sultan shariff Muhammad Pulalun? Tenkke (Jamalul Alam) has NEVER been named as a Crown Prince in
the Royal Sultanate of Sulu and North Borneo. It is a SHAMELEASS ACT of treachery, perjury and lie to
claim for a father (HRH Marhum Sultan Sharif Muhammad Pulalun) when it was not. It was also the highest
form of immorality to be informing anyone that someone (HRH Marhum Sultan Shariff Muhammad
Pulalun) was already dead at that time when one was still strong and alive. All adherents of both Islam
and Catholic Religions believe in one of the Ten Commandments which says – “Thou shall tell a lie.” To
become a Sultan, one must not be a lie.
The law governing succession in all Monarchial Kingdom or Royal Sultanate of the world is only the
Primogeniture – Law of Succession which is a succession done from the father (King) to the eldest son
(Crown Prince). Meaning, only the son (Crown Prince) can succeed his father (King/Sultan) but not just
anyone specially, if one is a Badjao (like Tekke). In consonance with the Primogeniture – Law of Succession
was the Royal Decree issued by HRH Sultan Shariful Hashim which provides that only the Offspring of
FATHERNAL PROGENY who shall carry the DATU could succeed to be crowned as sultan. And the
fundamentals of that decree therefore, all Royal Datus are basically sharifas they are the descendants
from the 1st
sultan Shariful Hashim. Now, by operation of law, since Tekke (faked Jamalul Alam) was NOT
the primogeniture son of HRH Marhum Sultan Shariff Muhammad Pulalun, he has no legitimate
personality and legal authority to represent for and in behalf of the Royal Sultanate of Sulu to sign the
Deed of 1878. In brief, Tekke perjured his name as Jamalul Alam and without shame proclaimed himself
as (fake) Sultan of Sulu. Henceforth, the Deed of 1878 being signed by a faked Sultan and from the legal
and religious point of view was not only HIGHLY ILLEGAL but also HIGHLY IMMORAL.
On the other hand, paragraph 4 of the same Deed provided that the leased territory North Borneo
(Sabah) shall not be transferred to another nation, or a company of other nationality without the consent
of their majesties Governments. For emphasis and understanding, the provision of paragraph 4 of the
same lease (Deed of 1878) is hereunder provided, as follows:
“The above mentioned territories are from today truly lease, the
Honorable Gustavo Baron de Over beck and to Alfred Dent, Esquire, as
already said, together with the heirs, their associates (Company) and to
their successors, and assigns for as long as they choose or desire to use
them; but the rights and power hereby leased shall not be transferred to
another nation, or a company of other nationality, without the consent of
their Majesties Governments.”
6. It is now crystal clear from the above paragraph that the annexation of North Borneo (Sabah) to
the Federal State of Malaysia which is another nation and without consent from His Royal Highness Sultan
of Sulu was HIGHLY ILLEGAL and HIGHLY IMMORAL and a blatant disregard of the above paragraph of the
Deed of 1878. On the bases of the two paragraphs of the Deed of 1878, only crazy judge or judges who
are not in his/their own right senses will rule that North Borneo (Sabah) belongs to the Federation of
Malaysia. North Borneo (Sabah) therefore, belongs to the Royal Sultanate of Sulu. Hence, the Sultanate
was named as the Sultanate of Sulu and North Borneo.
III
NULLIFICATION OF THE LEASE AGREEMENT OF 1878
Considering the Primogeniture – Law of Succession and the Royal Edict issued by the First Sultan
of Sulu, HRH Marhum Sultan Shariful Hashim and other historical facts and legal documents, earlier
presented, the Deed (Lease) of 1878 which was signed and approved by an illegitimate and illegal Sultan
representing for and in behalf of the Royal Sultanate of Sulu became a fake instrument, has no force and
effect since its approval and therefore, must be considered null and void. On the otherhand, much has
been said earlier that Tekke (Falsified his name as Jamalul Alam) was a Badjao by origin and by tribe and
has no Royal Lineage to the Royal Sultanate of Sulu and North Boreno. Therefore, he has no illegibility for
ascension to the throne of the Royal Sultanate of sulu. As a Usurper and a Horse Care-Taker in the Royal
Sultanate, Tekke (Fake Jamalul Alam) has no legitimate and legal personality to represent in behalf of the
Sultan of Sulu and North Borneo to sign and approved the Deed of 1878. Therefore, said Deeds became
highly illegal and highly immoral. With such indecent, illegal and immoral representation, the Deed of
1878 must be NULLIFIED since the time of its approval on January 22, 1878 until today.
After knowing the true identity in terms of origin, tribe and place of residence of Tekke (Falsified
Jamalul Alam), no judge or judges in his/their right senses will not favor for the immediate NULLIFICATION
of the Deed of 1978 knowing its clear provisions in its paragraph. Unless the judge is unjust to misjudged.
IV
THE GENEOLOGY AND FAMILY TREE OF HRH MARHUM
SULTAN SHARIFF MUHAMMAD PULALUN
Without going back from the first Sultan of Sulu, HRH Marhum Sultan Sharif Abubakar a.k.a. Sultan
Shariful Hashim, it is important to present the Royal succession of the Royal Sultanate of Sulu and North
Borneo to start with from HRH Marhum Sultan Shariff Muhammad Pulalun-I (1836-1941). Thereafter,
Pangiran Sultan shariff Ali Pulalun-II who was the eldest son of HRH Shariff Muhammad Pulalun-I became
his successor then followed by HRH Marhum Sultan Shariff Akuk Ali Pulalon-III. And finally, the present
reigning Sultan is HRH Sultan Shariff Degmin Usman Pulalun-IV (4th
Genereation) was the primogeniture
son of HRH Marhum Sultan Shariff Akuk Ali Pulalon-III, the Primogeniture Grandson of Marhum Pangiran
Sultan Shariff Ali Pulalun-II and also the Primogeniture Great Grandson of HRH Marhum Sultan Shariff
Muhammad Pulalun-I.
For not being repetitious but for the sake of truth and nothing but the whole truth, Tekke who
belong to the Badjao Tribe from Pangutaran, Sulu has no Royal Lineage to HRH Marhum Sultan Shariff
Muhammad Pulalun-I neither, they were related by Consanguinity or Affinity to his Aya (father) HRH
7. Marhum Sultan Jamalul Kiram-I. All the Kirams claiming to be Sultan and rooted from Jamalul Alam were
and are not legitimate and legal heirs to the throne of the Sultanate of Sulu and North Borneo. Therefore,
they were and are all fake Sultan and considered as Usurper. It is worthy to note that Tekke who falsified
his name as Jamalul Alam was impotent incapable of producing human being. All his children were not his
real children but brought to him from his two wives (Lana and Sayah) from different fathers. (Lana and
Saya). Therefore, all the Kirams who claimed to have rooted from Jamalul Alam were stepped-children did
not and do not have Royal blood and were and are not related either by consanguinity or affinity to HRH
Marhum Sultan Sharif Muhammad Pulalun-I and his father HRH Marhum Sultan Jamalul Kiram-I. NOW, all
the Kirams claiming to have Royal Lineage when they are not to HRH Marhum Sultan Shariff Muhammad
Pulalun-I are SHAMELESS people and FAKE SULTAN.
It must be remembered that HRH Marhum Sultan Sharif Muhammad Pulalun-I according to
historical records reigned the Royal Sultanate of Sulu and North Borneo from 1836 to 1946 and not up to
1862 only as alleged by his usurper faked Sultan and falsified named Jamalul Alam. Fake Jamalul Alam was
manufacturing a story to justify his being a Sultan. Where can we can find 2 Sultans reigned at the same
time in the same Kingdom? It was very unthinkable for HRH Marhum Sultan Shariff Muhammad Pulalun-I
to proclaim another Sultan (falsified Jamalul Alam) in his own Kingdom who was not his primogeniture
son? It was also a crazy act of self-deception and the highest form of foolishness for a reining Sultan like
HRH Marhum Sultan Sharif Muhammad Pulalun-I to create a problem for himself by proclaiming a Sultan
who become his own rival and an enemy in his own Palace.
ooOoo
Copy for:
HRH SULTAN SHARIFF DEGMIN USMAN PULALUN-IV
Reigning Sultan of Sulu and North Borneo
(2005-present)
8. FAMILY TREE OF HRH MARHUM SULTAN
SHARIF MUHAMMAD PULALUN-I
_______________________
HRH
Sultan Shariff Muhammad
Pulalun-I
(1823-1941)
_______________________
:
______________________
HRH
Pangiran Shariff Ali Sultan
Pulalun-II
(1941-1978)
______________________
:
______________________
HRH
Sultan Shariff Akuk Ali
Pulalon-III
(1978-2005)
______________________
_________:___________
HRH
Sultan Shariff Degmin Usman
Pulalun-IV
(2005-Present)
______________________