SC asked to compel gov’t to pursue Sabah bid before ICJ

MANILA, Philippines - Legal issues over the territorial claim of the sultanate of Sulu in Sabah have reached the Supreme Court (SC) for judicial review.

In a 17-page taxpayer’s suit filed last week, Louis Biraogo asked the high court to compel the government to pursue what he said was a valid claim before an international tribunal.

Specifically, he asked the SC to issue a writ of mandamus directing the Department of Foreign Affairs (DFA) to take the case before the International Court of Justice (ICJ) or other bodies authorized to resolve the dispute under international laws.

Petitioner told the high court that “recorded history confirms the sultanate’s claim that the government should therefore support.”

“The territory that is North Borneo (or what Malaysia began to call as Sabah in September 1963) undoubtedly belongs to the Republic of the Philippines by historic right and legal title,” he said.

Biraogo believes “the British government wrongly assumed that North Borneo belonged to the United Kingdom and, thus put, the British government handed over North Borneo to what eventually became Malaysia.”

“Malaysia assumed sovereignty over North Borneo, renamed it Sabah, and refuses to relinquish possession thereof to the Republic of the Philippines,” he alleged.

Petitioner said he sought relief from the high court because of the Aquino administration’s disapproval of the claim.

“Instead of helping the Filipinos who went to Sabah, the Philippine government threatened them with legal action in Philippine courts,” Biraogo said.

“Worse, President Aquino concurred with the decision of the Malaysian government to brand as terrorists the Filipino supporters of the sultan of Sulu who went to Sabah,” he said.

The government, however, is still reviewing the validity of the claim and has yet to release its findings.

Biraogo earlier filed taxpayer suits on various cases, including President Aquino’s first executive order creating the truth commission, which the high court had acted on.

He was once castigated by the high tribunal after he publicized a decision on the petition he filed in 2008 against Rep. Jocelyn Sy Limkaichong of the first congressional district of Negros Oriental, who was earlier declared an alien by the poll body.

The Sabah dispute has reached the United Nations after a group of concerned citizens led by UP law professor Harry Roque Jr. sought relief last month from the international body’s commission on refugees against reported violations of human rights of Filipinos by Malaysian authorities.  

Roque, however, said pursuing the claim before the ICJ would require action from the government.  

Kiram mulls seeking China’s help

Meanwhile, Abraham Idjirani, spokesman of the sultanate of Sulu, yesterday said Sultan Jamalul Kiram III had mentioned the possibility of reaching out to China for assistance in recovering Sabah from Malaysia.

“The sultanate and its Ruma Bitchara (royal council) will discuss this issue to make a final decision,” Idjirani said.

“Remember that the sultanate of Sulu and North Borneo had flourishing ties with China in the past,” said Idjirani. “So it is not surprising if some of the sultanate’s heirs go to China for help to recover their historical right over Sabah.”

On the other hand, a source from Sulu who asked not to be named yesterday belied reports that 32 armed Filipinos were arrested by Malaysian security forces about 12 nautical miles from Sabah’s east coast. – With Jaime Laude, Mike Frialde