President Aquino Should Slow Down Deportation Of Arrested Sabah Claimants

JGL Eye Column

By JOSEPH G. LARIOSA

(© 2013 Fil Am Extra Exchange) 

C HICAGO (FAXX/jGLi) – Thanks to the audacious attempt of some of the heirs of the Sultan of Sulu to repossess their North Borneo (Sabah) homeland, it led me to stumble on some documents that show that the Philippines and Malaysia have a “de facto” extradition treaty never before publicly disclosed.

An earlier attempt by the Philippine government to go after Malaysian Mohammad Suffian Saaid, a.k.a. Manuel Amalalio, ran into a roadblock when Saaid slipped back into Malaysia as 15,000 Filipino investors were chasing him for allegedly bilking them of 12-billion Philippine pesos (US$293-million or 910-million Malaysian Ringgits).

While I was poring over the records of the “Exchange of Notes Concerning the Administration and Lease (note the operative word, “LEASE,” and not “GRANT” or “CESSION”) of Certain Islands off the Coast of Borneo By The British North Borneo Company, Mentioned in the Exchanges of Notes of January 2, 1930, and July 6, 1932” from compilation,  “S9.10 1550-1575 U.S. Department of State Treaties and Other International Acts,” I found out that there is also an outstanding “Exchange of Notes Providing for Extradition Between the Philippine Islands or Guam and the State of North Borneo, Mentioned in the Exchange of Notes of January 2, 1930” between British Ambassador Cecil Arthur Spring-Rice to U.S. Secretary of State William Jennings Bryan in 1913.

On Sept. 1, 1913, British Ambassador Spring-Rice initiated a letter from Dublin, N.H., to U.S. State Secretary Bryan, saying, “Under instructions from my government, I have the honour to request you to be so good as to inform me whether the United States Government would be willing to enter into an arrangement with the Government of His Britannic Majesty by virtue of which fugitive offenders from the Philippine Islands or Guam to the State of North Borneo, or from the State of North Borneo to the Philippine Islands or Guam shall be reciprocally surrendered for offences specified in the existing Treaties of Extradition between the United States and his Britannic Majesty, so far as such offences are punishable both by the laws of the Philippine Islands or Guam and by the laws of the State of North Borneo.

“Should your government agree to this arrangement, I should be glad to receive from you an assurance that this note will be considered by the United States Government as a sufficient confirmation thereof on the part of His Britannic Majesty’s Government. I have the honour to be, With the highest consideration, Sir, Your most obedient, humble servant, signed, Cecil Spring Rice.”

U.S. ACCEPTS EXTRADITION PROPOSAL OF THE U.K.

In response to Sir Spring-Rice from Washington, D.C., on September 23, 1913, U.S. Secretary of State Bryan, said, “In reply, I am happy to state that the Government of the United States agrees to the arrangement between the Government of the United States and the Government of His Britannic Majesty by which it is understood that fugitive offenders from the Philippine Islands or Guam to British North Borneo and from the British North Borneo to the Philippine Islands or Guam shall be reciprocally delivered up for offenses specified in the extradition treaties between the United States and His Britannic Majesty’s Government so far as such offenses are punishable both by the laws of the Philippine Islands or Guam and by the laws of British North Borneo; and accepts Your Excellency’s note as a sufficient confirmation of the arrangement on the part of His Britannic Majesty’s Government.

“Accordingly, the Government of the United States understands the arrangement to be completed by this present note and to be in full force and effect from and after September 23, 1913.

“I have the honor to be, With the highest consideration, Your Excellency’s obedient servant, W.J. Bryan.”

PH ASSUMED U.S. SOVEREIGNTY AFTER INDEPENDENCE

In another treaty of “General Relations Between the United States of America and the Republic of the Philippines, Signed at Manila on the Fourth Day of July 1946,” when the U.S. granted Philippines its Independence, Article I says, “The United States of America agrees to withdraw and surrender, and does hereby withdraw and surrender, all right of possession, supervision, jurisdiction, control or sovereignty (note that Great Britain could not have invoked these language when it annexed North Borneo as its Crown colony on July 10,  1946 because Great Britain was merely a lease holder of North Borneo owned by the U.S. as shown by the “Exchanges of Notes of January 2, 1930, and July 6, 1932”  above) existing and exercised by the United States of America in and over the territory and the people of the Philippine Islands … .”

Under Article VII of the same July 4, 1946 General Relations Treaty, it says, “The Republic of the Philippines agrees to assume all continuing obligations assumed by the United States of American under the Treaty of Peace between the United States of America and Spain concluded at Paris on the 10th day of December, 1898, by which the Philippine Islands were ceded to the United States of America, and under the Treaty between the United States of America and Spain concluded at Washington on the 7th day of November 1900.”

PRESIDENT AQUINO SHOULD GET THE ‘1913 EXTRADITION TREATY” TO WORK

In other words, when the U.S. signed an Extradition Treaty with Great Britain in 1913 on behalf of what would become the Philippine and Malaysia Governments, the Philippines assumed the role of the United States after U.S. granted the Philippines its Independence.

The Philippines can now remind Malaysia, which became a British Crown colony administering North Borneo, whose sovereignty belongs to the United States and by extension to the Republic of the Philippines, that the Philippines is invoking the “1913 Exchange of Notes” in extraditing Amalalio back to the Philippines.

This 1913 Exchange of Notes should remind also President Aquino to slow down in returning to Malaysia  some of the Royal Army of the Sultan of Sulu, who fled after facing the massive assault by the whole military might of Malaysia when the Royal Army tried to take over peacefully North Borneo, which was merely a lease not “grant” or “cession” to Malaysia under the “Exchange of Notes Concerning the Administration and Lease of Certain Islands off the Coast of Borneo By The British North Borneo Company, Mentioned in the Exchanges of Notes of January 2, 1930, and July 6, 1932.”

If the Philippine Government would surrender the members of the Royal Army of the Sultan of Sulu to Malaysia without considering the “1913 Exchange of Notes,” President Aquino could be violating the human and civil rights of the Sultan’s heirs and followers. Under terms of the 1913 Exchange of Notes, a fugitive can only be extradited if “offenses are punishable both by the laws of Philippine Islands or Guam and by the laws of the State of North Borneo.”

According to press reports, some of the heirs and followers of Sultan of Sulu arrested in North Borneo are facing death penalty in Malaysia. Since the Philippines does not have death penalty in its books, it behooves President Aquino not to surrender members of the Sultan of Sulu to Malaysia so as not to violate the heirs and followers’ human and civil rights.

Meanwhile, Mr. Aquino should now get serious in asking Malaysia that they come together to settle the North Borneo/Sabah question amicably and peacefully. The first question that Mr. Aquino should ask Malaysia: “Under whose authority did Great Britain get to unilaterally change “'Lease' of Certain Islands off the Coast of Borneo By The British North Borneo Company of January 2, 1930, and July 6, 1932” into “Grant” or Cession”? # # #

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Editor’s Note: To contact the author, please e-mail him at: (lariosa_jos@sbcglobal.net)