Historical and non-historical facts clearly show that Sabah is a sovereign state of

Malaysia. Apart from historical facts, the Sulu Sultanate and the Philippines had in
fact lost their sovereignty rights of Sabah to Malaysia based on the principle of
effectivity.
According to this principle, an authority loses its title over a state if it has never
administered it or passed any law for it.
An example is the dispute over Pulau Batu Puteh between Johor and
Singapore. Johor lost the case because it had never administered the island.
Despite being ruled by the Sulu sultanate, Sabah, which used to be known as
North Borneo had been put under the administration of the British North Borneo
Company in 1878 and later the British Empire, before being granted
independence to form the Federation of Malaysia with Sarawak and Malaya.
The sultanate lost its status as an independent entity after its capture by the
Spaniards, which happened six months after the signing of the 1878 treaty
stipulating that the British administrators of Sabah must pay cession fees to the
Sulu court.
Instead, the Spaniards became the sovereign rulers of the Philippines and it was
they who renounced all claims of sovereignty over the territory in Borneo. Spain
signed the Madrid Protoco l of 1885 to cement Spanish influence over the islands
of the Philippines. In the same agreement, Spain relinquished all claim to North
Borneo which had belong to the Sultanate in the past.
[15]

The Spanish Government renounces, as far as regards the British Government, all
claims of sovereignty over the territories of the continent of Borneo, which
belong, or which have belonged in the past to the Sultan of Sulu (Jolo), and which
comprise the neighboring islands as well as all those comprised within a zone of
three maritime leagues from the coast, and which form part of the territories
administered by the Company styled the British North Borneo Company.
Article III, Madrid Protocol of 1885
When the United States took over the Philippines from the Spaniards, the
American administrators in turn signed documents defining the international
boundary of the country. The Philippines became a territory of the United States
in 1898, but without North Borneo.

The Republic of the Philippines then inherited the Philippines from
its predecessor, the US. So how can they claim in 1962 that Sabah is theirs when
the predecessor has renounced that claim?
After World War II, the British allowed North Borneo to join the Federation of
Malaysia in 1963 and it was renamed Sabah. However, until today, the
Malaysian Embassy in Manila continues to pay nominal cession money to the
heirs of the Sultan of Sulu
There are a number of methods of territorial acquisition under international law,
among others, through conquest, prescription and cession. Conquest or
annexation was recognized as a method of territorial acquisition in the past but
has been deemed illegal under international law since the UN Charter came into
force in 1945. Therefore, the most relevant method for Sabah is obviously
through cession and prescription.
A state may acquire sovereignty over a certain territory if the sovereignty is
transferred or ceded by the sovereign to another. If the British version of the
1878 Treaty is adopted, it is clear that the sovereignty over Sabah was transferred
in 1878 by the Sultanate of Sulu to the British, which later transferred the
sovereignty over Sabah to Malaysia.
In addition, under international law, prescription refers to acquisition of
sovereignty by way of actual exercise of sovereignty, maintained for a reasonable
period of time and is effected without objection from any states. Even if the
British version is contested and the Sulu version of the 1878 Treaty (that it was
leased) is upheld, the Sultanate may not be able to claim sovereignty over Sabah
as Malaysia has, since 1963, exercised prescription and administered Sabah
without any consistent objection from any members of the United Nations (UN).
Sabah was not annexed as it voluntarily joined the Federation of Malaysia in Aug.
31,1963. Malaysia has since installed a working government to administer Sabah,
with the international community recognizing Sabah as part of Malaysia.
Sabah is now part of Malaysia and the question of whether or not the Sultanate of
Sulu could claim sovereignty over Sabah as their ancestral territory could be seen
as reminiscent of a long-lost sovereignty
.

















1878 Agreement
On 22 January 1878, an agreement was signed between the Sultanate of Sulu and
British commercial syndicate (Alfred Dent and Baron von Overback), which
stipulated that North Borneo was either ceded or leased (depending on
translation used) to the British syndicate in return for payment of 5000 Malayan
Dollars per year.
[5][6]
On 22 April 1903, Sultan Jamalul Kiram signed a document
known as "Confirmation of cession of certain islands", under which he either
"grant and ceded" or "leased" additional islands in the neighbourhood of the
mainland of North Borneo from Banggi Island to Sibuku Bay to British North
Borneo Company. This Confirmatory Deed of 1903 makes it known and
understood between the two parties that the islands mentioned were included in
the cession of the districts and islands mentioned in the 22nd January, 1878
Agreement. Additional cession money is 300 dollars a year and arrears for past
occupation 3,200 dollars. The sum 5,000 dollars a year payable every year then
increased to 5,300 dollars a year payable every year.
[7][8]
Note: The Confirmatory
Deed of 1903 must be viewed in the light of the 1878 Agreement. The British
North Borneo Company entered into a Confirmatory Deed with the Sultanate of
Sulu in 1903, thereby confirming and ratifying what was done in 1878.
British version
"hereby grant and cede of our own free and sovereign will to Gustavus Baron de
Overbeck of Hong Kong and Alfred Dent Esquire of London...and assigns for ever
and in perpetuity all the rights and powers belonging to us over all the territories
and lands being tritutary to us on the mainland of the island of Borneo
commencing from the Pandassan River
on the north-west coast and extending along the whole east coast as far as the
Sibuco River in the south and comprising amongst other the States of Paitan,
Sugut, Bangaya, Labuk, Sandakan, Kina Batangan, Mumiang, and all the other
territories and states to the southward thereof bordering on Darvel Bay and as far
as the Sibuco river with all the islands within three marine leagues of the coast"
The key word in both the agreements is "padjak", which was interpreted by
the American, Dutch and Spanish linguists to mean "lease" or "arrendamiento".
The British translated the meaning of the word to mean "grant and cede".
[9]
It
can be argued however, that "padjak" means "mortgage" or "pawn" or even
"wholesale", as per the contemporary 1878 Agreement
Every year, the Malaysian Embassy in the Philippines issues a check in the amount
of 5,300 ringgit (US$1710 or about 77,000 Philippine pesos) to the legal counsel of
the heirs of the Sultan of Sulu. Malaysia considers the amount an annual
cession payment for the land, while the sultans descendants consider it rent.
Madrid Protocol
The Sulu Sultanate later came under the control of Spain in Manila. In 1885, Great
Britain, Germany and Spain signed the Madrid Protocol to cement Spanish
influence over the islands of the Philippines. In the same agreement, Spain
relinquished all claim to North Borneo which had belong to the Sultanate in the
past.