BBL IN SENATE: Public Hearing in Tawi-Tawi, Nov 11, 2014

Republic of the Philippines
CONGRESS OF THE PHILIPPINES

SENATE
Pasay City
COMMITTEE ON LOCAL GOVERNMENT
JOINT WITH THE
COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION
DATE
Tuesday, November 11, 2014
TIME
10:00 a.m.
VENUE
Sandbar Lepa Convention Center

Pasiagan, Bongao, Tawi-Tawi
AGENDA
Senate Bill No. 2408 An Act Providing

for the Basic Law for the Bangsamoro and
Abolishing the Autonomous Region in
Muslim Mindanao, Repealing for the
Purpose Republic Act No. 9054, Entitled
An Act to Strengthen and Expand the
Organic Act for the Autonomous Region in
Muslim Mindanao, and Republic Act No.
6734, Entitled An Act Providing for an
Organic Act For the Autonomous Region in
Muslim
Mindanao,
and
for
Other
Purposes. (by Senators Drilon, Sotto, A.
Cayetano, Legarda, Recto, Ejercito, Binay,
Escudero, Aquino, Angara, P. Cayetano,
Honasan and Guingona)
ATTENDANCE
SENATOR PRESENT:
HON. FERDINAND R. MARCOS JR.
- Chairman, Committee on
Local Government
Committee on Local Government joint with

the Committee on Peace, Unification and
Reconciliation
Page 2
GUESTS/ RESOURCE PERSONS:

Hon. Ruby M. Sahali
- Congresswoman, Lone District of

Tawi-Tawi, House of Representatives
Hon. Nurbert M. Sahali
- Governor, Province of Tawi-Tawi
Hon. Sadikul A. Sahali
- Former Governor, Province of TawiTawi
Hon. Michail Ahaja
- Vice Governor, Province of Tawi-Tawi
Hon. Bonging Abdurahman
- Mayor, Municipality of Simunul,

Tawi-Tawi
Mr. Sastri Buddin
- Director, Civil Service Commission

Tawi-Tawi
Hon. Sulay Halipa
- Assemblyman, Autonomous Region

in Muslim Mindanao (ARMM)
Hon. Jose Lorena
- Undersecretary, Office of the

Presidential Adviser on the Peace
Process (OPAPP)
Prof. Miriam Coronel-Ferrer
- Panel Chair for Peace Negotiations

with the MILF, Office of the
Presidential Adviser on the Peace
Process (OPAPP)
Atty. Al Amin Julkipli
- GPH Panel, OPAPP
Atty. Antonio Kinoc
- MILF Panel Member
Atty. Akmad A. Sakkam
- Commissioner, Bangsamoro
Transition Commission (BTC)
Mr. Asani Tammang
- Commissioner, BTC

Reconciliation
Page 3
Atty. Lanang Ali Jr.
- Legal Staff of BTC Chairman

Mohagher Iqbal
Ms. Amina Rasul-Bernardo
- President, Philippine Center for Islam

and Democracy (PCID) Board of
Trustee, Mindanao Development
Authority
Atty. Lorenzo R. Reyes
- Chancellor, Mindanao State

University, Tawi-Tawi
Sister Diana Fe T. Gillesania, OND - Oblates of Notre Dame, Bongao,

Tawi-Tawi
Daughters of Charity Sisters;
Principal, Notre Dame High School
Ms. Mary Anne Abdulmunap
- Chair, Parish Pastoral Council, Our

Lady of Holy Rosary Parish, Bongao,
Tawi-Tawi
Mr. Babylyn Cano-Omar
- Station manager, DXGD Radio

Station
Mr. Aljemedin S. Jaudinez
- Supreme Student Council, Mindanao

State University (MSU), Tawi-Tawi
Prof. Abduljim Hassan
- Director of Sama Studies, MSU
Hgi. Jutpin J. Sajili
- LGU Sitangkai, Tawi-Tawi
Mr. Rosendo Reyes
- President, MSU Alumni Association
Mr. Magsaysay Werble
- Dean, President of the Federation of

Tawi-Tawis CSOs/NGOs
Ms. Mucha-Shim Lahaman Quiling - Secretary General, Katutubong

Alyansang Lumad Moro Para sa
Angkop at Mapagpalayang
Edukasyon
Mr. Musa Aming
-Tarbilang Foundation

Reconciliation
Page 4
Ms. Dayanara S. Aming
- Unified Successors for Change
Ms. Mernalyn A. Isa
- Association of Women Educator
Ms. Arlene Sevilla
- Tawi-Tawi Alliance of Civil Society

Organizations
SENATORS STAFF:
Atty. Luzviminda D. Lavarias
Atty. Jose Cadiz Jr.
Atty. Tomas Basa
Ms. Gene Ferrer
Ms. Gloria Ildefonzo
Ms. Agnes Frogoso
Mr. Ronel Pelovelco
Mr. Julius Palamos
Mr. Reynato S. Custodio
Ms. Marivic Ching
Mr. Nelson Ortiz
Ms. Arifah M. Jamil
- O/S Marcos
- O/S Marcos
- O/S Marcos
- O/S Marcos
- O/S Marcos
- O/S Marcos
- O/S Marcos
- O/S Marcos
- O/S Marcos
- O/S Marcos
- O/S Marcos
- O/S Marcos
SENATE SECRETARIAT:
Ms. Assumption Ingrid B. Reyes
Mr. Elpidio H. Calica, MNSA
Ms. Jo B. Cadaing
Ms. Cindell B. Gealan
Ms. Jeanne M. Baisa
Ms. Anna Leah C. Catimbang
Mr. Bong Villanueva
Mr. John H. Herrera
- Committee Secretary,
Committee on Local
Government
- Committee Secretary,
Committee on Peace,
Unification and Reconciliation
- Committee Stenographer
- Senate Tax Study and
Research Office (STSRO)
- Office of the Sergeant-at-Arms
(OSAA)

Reconciliation
Page 5
Mr. Relindo M. Lopez

Mr. Jimmy Gaviola
Ms. Ana Marie F. Deplomo
Ms. Avigail G. Andaya
- Office of the Sergeant-at-Arms

(OSAA)
- Assisting Staff
- Assisting Staff
- Assisting Staff
(For complete list, please see attached Attendance Sheet.)
COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

JTBCadaing
I-1 November 11, 2014
10:30 a.m.
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AT 10:30 A.M., HON. FERDINAND BONGBONG

R. MARCOS JR., CHAIRMAN OF THE COMMITTEE ON
LOCAL GOVERNMENT, CALLED THE HEARING TO
ORDER.
THE CHAIRMAN (SEN. MARCOS).
Good morning, ladies and
gentlemen.
The hearing of the Committee on Local Government joint with
the Committee on Peace, Unification and Reconciliation of November
11, 2014 here in the province of Tawi-Tawi is called to order.
Our
agenda for today is to hear the different positions of different resource

speakers on Senate Bill No. 2408, entitled An Act Providing for the
Basic Law for the Bangsamoro and Abolishing the Autonomous Region
in Muslim Mindanao, Repealing for the Purpose Republic Act No. 9054,
entitled 'An Act to Strengthen and Expand the Organic Act for the
Autonomous Region in Muslim Mindanao,' and Republic Act No. 6734,
entitled 'An Act Providing for an Organic Act for the Autonomous
Region in Muslim Mindanao,' and for Other Purposes.
I would like to acknowledge for the record our resource persons
who are here with us today and I would, first, want to thank all of you.
It is the southernmost part of the Philippines and some of our resource
persons have come from quite far away and I am very happy that they
were able to attend because this is too important for us to just discuss

JTBCadaing
10:30 a.m.
2
in Manila where the stakeholders will not be properly heard. So this is

our opportunity to give everyone a chance to speak.
Let me go down the list. From the OPAPP, the panel chair for the
peace negotiations with the MILF, Prof. Miriam Coronel-Ferrer, Usec
Jose Lorena and Atty. Al Amin Julkipli;
The commissioners from the
Bangsamoro Transition Commission, Commissioner Akmad
Sakkam,
Commissioner Asani Tammang.

With me here at the table is the congresswoman from Tawi-Tawi,
Representative Ruby Sahali.
Also here with me is Governor Nurbert
Sahali, Vice Governor Michail Ahaja, Assemblyman Sulay Halipa.

From the various municipalities, Mayor Bonging Abdurahman and
others; Ms. Mary Anne Abdulmunap, the municipal administrator of
Bongao; the municipality of Panglima Sugala, Ms. Janet Cabanog, who
is their Sanggunian member, who is representing the mayor.
From the Philippine Center for Islam and Democracy, the
president is Ms. Amina Rasul-Bernardo; also, the chancellor of
Mindanao State University, Atty. Lorenzo Reyes; the station manager
of
DXGD,
Babylyn
Cano-Omar;
president
of
the
MSU
Alumni
Association, Engineer Rosendo Reyes; president of the Federation of

Tawi-Tawis CSOs/NGOs, Dean Magsaysay Werble; secretary general,
Katutubong Aliansang Lumad Moro Para sa Mapagpalayang Edukasyon,
Ms. Mucha-Shim Lahaman Quiling; from the Tarbilang Foundation,
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3
Musa Aming; from the Unified Successors for Change,
Dayanara S.
Aming; the Association of Women Educators, Mernalyn A. Isa; from

the Tawi-Tawi Alliance of Civil Society Organizations, Arlene Sevilla.
So these are the resource persons that we have here before us.
Just a quick rundown on how we intent to conduct this hearing.
We will go down the list. I am assuming, of course, that everyone has
had a chance to study the Bangsamoro Basic Law in the version as it
was passed on to the Senate and the House of Representatives by the
President. And I presume that everyone has read, at least, has been
able to see a copy of this. And we will now go down, of course, the list
and take the positions of the different organizations that are
represented here today. I think it is just right that we will start with
our host.
I was just saying that this is the most luxurious hearing
venue that we have ever had and we thank, of course, our host for
their great hospitality. So we will start with the governor.
Governor Nurbert
Sahali, please give us your position on the
measures in question.
MR. SAHALI. Thank you, Excellency.
The Honorable Senator Ferdinand Marcos Jr., representatives
from the Office of the President of the Peace Process, Honorable
Congresswoman Ruby Sahali, Vice Governor Michail Tati Ahaja, board
members of the province, members of the League of Municipalities,
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4
members of Philippine Councilors League, heads and representatives of

the regional and national line agencies, representatives from the
academy
community,
the
civil
society
and
non-government
organizations, members of the Armed Forces of the Philippines and the

national police, friends, ladies and gentlemen, Assalamu alaikum wa
rahmatullahi wa barakatuh.
I am indeed honored by the presence of the good Senator, the
Honorable Bongbong Marcos and his party.
In behalf of the good
people of Tawi-Tawi, I welcome you to our province of 307 islands.

Today and in the next few days, the people of Tawi-Tawi are
asked whether proposed Bangsamoro Transition Commission, draft
Bangsamoro Basic Law is good enough to replace the existing ARMM
Law.
The people of Tawi-Tawi and I believe the rest of Moro
communities
hopelessness
in
in
this
country
the
endless
government in the Bangsamoro.
are
beginning
experimentation
to
show
by
the
signs
of
national
I guess the national government
simply did not know what to do with the Moros in this country. As a
person, in the 1970s, the government created and established one
Lupon, then the ARMM.
Today, we are once again gathered here to discuss and present
our views and opinions to the proposed Bangsamoro Basic Law.
We
hope and pray that this proposal enhanced by our views and opinions,
9

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5
will bring peace and development to our communities.
We recognize
and understand the proposed BBL is not perfect, assume to encompass

the aspirations of our people.
That is why we are here gathered to
ensure that the different communities and their aspirations are parts of
the proposed law.
The Senate Committee on Local Government,
represented by
honorable Senator, is here with us today to ensure that the people are
informed and consulted on key issues that directly impact on them.
Having said that, I therefore ask everyone and all sectorparticipants in public hearing to take this consultation process as an
opportunity to be part of history in the making.
Assalamu alaikum wa rahmatullahi wa barakatuh.
Thank you, Governor
Sahali.
And I think we can hear next from the representative of the
province of Tawi-Tawi, Representative Ruby Sahali.
Congresswoman, please, you have the floor.
REP. SAHALI. Thank you, Mr. Senator. Assalamu alaikum wa
rahmatullahi wa barakatuh. Good morning po sa inyong lahat.
I would like to welcome all of you in this public hearing on the
proposed Bangsamoro Basic Law. We are in support. For the record,
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6
we are in support to the efforts of the government for a lasting peace

here in Mindanao. This is an opportunity/jtbc
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REP. SAHALI. ...This is an opportunity for all of us to listen and

understand the framework of the proposed Bangsamoro Basic Law.
Have
deeper
understanding
on
the
creation
of
Bangsamoro
government that will represent our culture and religion. We hope that
today will be a productive one and all issues and concerns are raised in
order of clarity on the other issues that will surely affect most of our
people, because you know why?
institutional
revolution
kapag
Because were going to have an

nagawa
po
iyong
Bangsamoro
government and it will affect tremendously the life of our people here
in Tawi-Tawi.
So having a public hearing, it shall bring the utmost
understanding and information for all of us.
And in behalf of the
people of Tawi-Tawi, Mr. Senator, we wanted to thank you for coming

over to Tawi-Tawi, and your staff, and to all the MNLF panels, the
Bangsamoro Transition Commission and from the OPAPP, and from the
peace panel of the government, and to all the islanders who are here,
welcome po to the public hearing. Maraming salamat po.
And for the record, Tawi-Tawi was created through Presidential
Decree 203 which was signed by then President Ferdinand Marcos last
September 27, 1973. We are now 41 years old as a province. So with
that, maraming salamat po, Mr. Senator, Legacy po iyan for the people
of Tawi-Tawi.
Good morning po sa inyong lahat
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THE CHAIRMAN (SEN. MARCOS). For this hearing, we have

invited the municipal mayors, some whom are here, but I think they
have prepared a joint decision which will be given to us by Mayor
Bonging Abdurahman of the municipality of Simunul.
So Mayor
Abdurahman perhaps will give us the decision or give us some of the

ideas, the reactions of the mayors of the different municipalities about
the Bangsamoro Basic Law as it has been given us.
So, Mayor Abdurahman.
MR. ABDURAHMAN. Good morning to all. First of all, I would
like to thank Senator Bongbong Marcos for gracing us with his
presence in this public hearing on the Bangsamoro Basic Law. There is
actually no quarrel in the acceptance of the Bangsamoro Law. Indeed,
we are very honored with your presence here, as we said. And for the
mayors, we will just be submitting our position paper later, Mr.
Chairman, because the president of our league was not able to catch
up with the plane.
So anyway, in the process, to be participating in the dialogue,
and for the record, we will just be submitting it later as soon as we are
able to get a copy from the president of the league because right now
he is not with us.
THE CHAIRMAN (SEN. MARCOS). Very well. Thank you.
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As we are preparing with the group of the round table, perhaps

now we can listen to the President of the Philippine Center for Islam
and Democracy, the Board of Trustee of the Mindanao Development
Authority, Ms. Amina Rasul-Bernardo.
MS. RASUL-BERNARDO. Thank you, Mr. Chair.
First, to my relatives from Tawi-Tawi, Assalamu alaikum wa
rahmatullahi taala wa barakatuh, especially for my relatives from
Sabah [speaking in Tausug dialect]. Again, thank you, Mr. Chair, and
former Senator Rasul also wants to extend her best regards to
Governor Sahali, Congresswoman Sahali and our favorite, Governor
Sadikul Sahali whom we have known since he was a board member of
the republic(?), hindi ba?and to all of you who have come to this
hearing.
Mr. Chair, if you will permit, I would like to read the statement
that we have prepared because I think it would be a good way of
starting since we have identified some of the issues that had been
raised in the many consultations that we did in the islands as well as in
Central Mindanao.
To my colleagues from Tawi-Tawi and from the rest of the
Philippines, this is the statement of the Philippine Center for Islam and
Democracy on the Bangsamoro Basic Law.
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PCID supports the enactment of the draft Bangsamoro Basic

Law.
It is our hope that the resulting legislation will ensure the
economic, political and social dividends will be deemed for the benefit
of all.
The BBL is the next step towards ensuring that a just and
lasting peace is established pursuant to the signing of agreement with

the MILF. The draft BBL is the product of over two decades of up and
down negotiations, at times contentious.
Once enacted into law by
Congress and ratified from a plebiscite, the BBL will serve as a charter
for the new autonomous political entity called Bangsamoro.
Thus,
replacing the present Autonomous Region of Muslim Mindanao which is

the product of peace agreement with the Moro National Liberation
Front.
The Muslim and the non-Muslim citizens of the Philippines who
belong to the Islamized indigenous tribes or nationsMaguindanao,
Maranao, Iranun, Tausug, Sama, Badjao among manyas well as
other
Mindanao
communities
have
long
been
waiting,
through
generations, for a just and lasting peace. A just peace is essential to

compensate for the stolen sovereignty of our tribes and nations. We
have to bear in mind that the Muslim liberation fronts, both the MNLF
and the MILF, fought for independence of the Islamized tribes or
nations whose sovereignty was usurped by colonial masters. The wars
of independence carried over from the Spanish to the American era,
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continued during the establishment of the New Republic of the

Philippines and beyond. With the signing of the peace agreement, the,
at that time, undivided Muslim Liberation Front, the MNLF, accepted
autonomy in lieu of independence.../cbg
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MS. RASUL-BERNARDO. in lieu of independence.

In view of the tumultuous history of our peace processes, we
hope that the law to be enacted shall not significantly depart from the
spirit, the objectives and intentions of the agreements that have been
signed.
The draft bill is far from perfect. However, it does enhance the
powers granted to the region by RA 9054 which strengthened and
expanded the ARMM which was established by RA 6734, the original
Autonomy Act.
This enhancement, together with the bills various
provisions, are considered necessary for the successful implementation

and running of the Bangsamoro to the benefit of all.
PCID
has
consultations
conducted
with
the
and
participated
Foundation
for
in
workshops
Economic
Freedom,
and
an
organization that includes in its members four former Department of

Finance secretaries led by Cesar Virata, the first prime minister and the
only prime minister of the Republic under your fathers government. It
also includes former Secretary Roberto de Ocampo, Gary Teves, Ernest
Leung. Together with the FEF, we have been working on how do you
strengthen business and investment climate in the Bangsamoro. We
also conducted consultations for the Womens Peace Table, an initiative
organized by the Mindanao Commission for Women, the Women and
Gender Institute and other organizations.
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Based on these consultations, we have pinpointed the following

concerns that must be addressed by the BBL:
First, protection of the rights and promotion of the equitable
participation of women, indigenous peoples and non-Muslims.
There
are serious concerns, although enshrined in the BBL, the concept of

protection of basic rights. But still when you go down, there are some
nuances that some people take to mean might actually restrict the
rights of these groups.
Second, protection of ancestral domains, including the domain of
the-THE CHAIRMAN (SEN. MARCOS).
Maam, could you be
specific on the provisions that you are referring to so that we can also
look at it and then seeMaybe the language needs to be changed. So
perhaps if we could refer to the actual provisions so that we know what
we are talking about exactly.
MS. RASUL-BERNARDO. We have put together a matrixits
rather longwhich we will be submitting to you. But this is a concern
of the three people. In fact, during the hearing in Congress with the
civil society, the litany of the sections and the articles was really long.
THE CHAIRMAN (SEN. MARCOS). Very well.
So long as the
Committee is provided with that information.

MS. RASUL-BERNARDO. We will do that, Mr. Chairman.
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THE CHAIRMAN (SEN. MARCOS). Thank you.

MS. RASUL-BERNARDO.
With regard to the protection of
ancestral domains particular attention especially from the islands is

requested to include the domain of the Sultanate of Sulu with definitive
parameters to be set.
Because we note that in the BBL draft, it is
silent on historical possessions of the Bangsamoro which therefore

includes what do we do with Sabah?
Third, protection of land and property rights. This is particular
reference to investors, for instance.
Fourth, synergy with provisions of the 1996 Final Peace
Agreement which fleshed out the 1976 Tripoli Agreement that actually
established the region of autonomy for the Mindanao Muslim tribes.
Fifth,
clarity
on
what
you
mean
the
functions
of
the
intergovernmental relations, not just the mechanism to address

differences between the Bangsamoro and the Central Government, but
also the relationship between LGUs and the Bangsamoro Government.
It has been noted to us time and again that the present ARMM,
part of the dysfunction is the problems with the relationship between
LGU, regional government and then with the national government.
Sixth, development of the appropriate civil service system and it
should include the protection of the rights of the ARMM civil servants
who may have to be let go.
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Seventh, corollary to the above, the need to ensure that the

Bangsamoro
Transition
Authority
is
accorded
sufficient
time
to
establish interim governance structures, legal processes and policies.

Since one year of transition is grossly inadequate, perhaps the
Congress could look at providing for an extended period of transition
which may require that the first elections of the Bangsamoro
Parliament may take place in 2019.
Eighth, development of appropriate and effective electoral
system appropriate for a ministerial form of government in the region.
Ninth, development of appropriate and effective public order and
safety system. And this particular concern has become even stronger
after the reports that 250 million ransom was paid for the two German
hostages.
Tenth, establishment of effective, efficient fiscal management
systems following standards of good governance.
Eleventh, implementation of the Shariah system. We note that
the current system is dysfunctional. With a judicial system that fails
to reach the majority of Muslims of ARMM and ineffectively interfaces
with the regular courts of the country.
Corollary to this, we should
ensure efficient and effective systems of the Shariah process.
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Second, the Shariah system should ensure the protection of

stakeholders which may include particular Muslim groups, for instance,
that are not Sunni.
Third, ensure participation of Bangsamoro women in drafting the
Shariah Code. Shariah is the Muslim Code. Muslim Personal Laws is
a code that we owe your late father, President Marcos, but the one
complaint, for instance that my mother and other women leaders at
that time had was that there was no woman involved in the drafting of
that code. And we hope that that will not be the case today.
And
then,
implementation
globally,
of
the
we
Shariah
should
Code
be
looking
at
will
strengthen
how
the
economy.
Shariah compliant industriesIslamic banking and finance, halal food,

halal management systemshave become billion dollar industries.
The Philippines has yet to tap this market. Thus, the BBL should
allow for Shariah compliant goods and services by establishing
appropriate regulatory framework, such as possibly amending the
Bangko Sentral charter to allow Islamic banking and finance to come
in. Or, if that is not necessary, establishing the regulatory procedures
that would allow Islamic banking and finance to come in.
And, lastly, prayer from almost all that we have consulted with.
We pray to Almighty God that the Bangsamoro Basic Law is passed
sooner rather than later, and that the various provisions generally
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6
remain intact. Or, if revised, reasonable revisions should be made

which are acceptable to the stakeholders, particularly the two parties
signatory to the peace agreement.
Thank you, Mr. Chair.
Thank you for that very
thorough examination and analysis of the Bangsamoro Basic Law.

You have actually encapsulated many of the issues that have
been raised in the other hearings that we have held.
And we have
started to have a discussion on it. The only point that we have heard
for the first time is that about the involvement of women in the
institutionalization of Shariah Law which is something that is the first
time that we have heard it. But I think it is a valid and valuable point
that you make.
And also, the issue of the ARMM bureaucracy is something that
has been raised as to what will happen to the present civil servants
/jmb
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1
what will happen to the
present civil servants who are in the bureaucracy of ARMM when it is

reorganized.
Should their agency be abolished or should they be
reorganized? What will be the status of our civil servants? And how
will we do it so it remains consistent with the guarantees that the civil
service code puts in in terms of pay grades and in terms of tenure of
our civil servants? So Im sure that this point will be raised once again
as the discussions go on. So at this point, I would like to acknowledge
the arrival of the former governor, Former Governor Sadikul Sahali of
Tawi-Tawi, a well-known leader of the province and of his people. So I
would like to give the floor to him to hear his views on the Bangsamoro
Basic Law.
MR.
SADIKUL
SAHALI.
Bismillah
al-Rahman
al-Rahim.
Assalamu Alaikum Wa Rahmatullahi Taala Wa Barakatuh.

First, I would like to extend my thanks and appreciation to the
Honorable Senator for giving me the opportunity to say something
during this important gathering.
important.
What we are about to do is very
Very important in the sense that we should make a
decision now, not only for the present generation but for the
generation and generations to come. If we make a mistake now, it will
not only affect the present generation but will include the future
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11:00 a.m.
2
generations. That is why what I am about to say is really very, very

important today.
Tawi-Tawians are peace-loving people. The signing of the Peace
Agreement in 1996 was our guide in handling the peace and order
situation in the province.
work of one man.
To make Tawi-Tawi peaceful was not the
It was the job of all the people residing in Tawi-
Tawi. From the center of governance in Bongao to the barangay, the

islands, barangay captains, civic and religious leaders participated to
make Tawi-Tawi very peaceful. Because to make Tawi-Tawi peaceful
could not be done by the military and the police alone, neither by
governors and mayors, but its the job of all Tawi-Tawians.
That is
why upon the signing of the Peace Agreement, everybody was busy
working for the development and improvement of their families, to
send their children to school, to earn what is right for his family.
Now, that MILF rebellion in Central Mindanao did not affect us so
much.
In fact, I think very many here will support me
when I say
there was no MILF in Tawi-Tawi prior to the signing of the Peace

Agreement, the second Peace Agreement, the Bangsamoro. But now I
have seen very many are now MILF.
Now, this is good that we are
accepted by the MILF central committee.
Such the case, since the
mission of the MILF is perhaps to form a government that is for the

betterment of all the inhabitants in Mindanao, then I think Tawi24

11:00 a.m.
3
Tawians could simply say that we are also an MILF even if we have not
filed our application with the MILF.
who doesnt like peace?
loving people.
Because if the mission is peace,
Tawi-Tawians love peace.
We are peace-
That is why what we are about to do must be
satisfactory to all; satisfactory in the sense that it is acceptable. I am

happy that the Senate and the House of Representatives will be
coming here and which let us and give us an opportunity to say what
we want in the BBL and what we do not want. So, it is an opportunity
for all of us. Because if we are wrong--if the Senate and the House of
Representatives adopt what is presented in the BBL which the people
does not like, then that is the cause for us to repeal what is in that
BBL. What should remain there must be acceptable to all of us, to all
the inhabitants in the area of autonomy.
Like, for example, in the beginning I even objected to naming
the region as a Bangsamoro. Because when I was in college, I fought
twice when my classmates and schoolmates called me a Moro.
But
this time, we want to be publicly called a Moro which I have to join

because it is the desire of the majority perhaps of the people within
the region. Kahit anong pangalan ang ibigay sa akin, kung iyon ang
gusto ng karamihan, tatanggapin ko.
Now, if the majority of the
people in the region accepted what is presented there in the BBL, then
wala tayong magagawa.
I have to accept that.
But I just want to

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11:00 a.m.
4
remind you, my good people of Tawi-Tawi, we should not make a

mistake endorsing one that we do not like because that one will affect
not only us now, not only those schoolchildren now, but even the
children and children of those in the classroom now.
affected because this is not like a local election.
They will be
After voting, after
three years, another election but this one will last forever. So this is
not a joke.
And what I want now to happen is that people in the
region will make the decision. We should not be decided by the people
in Luzon but by the people in the area of autonomy, what is good for
all of us.
Because what is given to us now is the idea ofto some
people who is not a resident of the autonomous region.
So well do
something about this. And we are supportive to the Peace Agreement

signed between the MILF and the government but something must be
done to make it acceptable to all of us.
Thank you very much. Assalamu Alaikum Wa Rahmatullahi Taala
Wa Barakatuh.
THE CHAIRMAN (SEN. MARCOS). Thank you very much.
We are precisely here to make sure that this agreement that we
have be not only acceptable to the people but be an effective measure
to actually bring true and lasting peace. I think all of us are desirous
of the same end and, that is, that we finally see that there is a true
and lasting peace in Muslim Mindanao, in Mindanao in general.
And
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11:00 a.m.
5
that is the process that we are undergoing is to go through the

Bangsamoro bill to see exactly what of the measures or the provisions
or the proposals that are contained within the Bangsamoro Basic Law
be effective when the time comes to implement the law.
So again, I would encourage everyone to go into as much detail
as you would like to because the use of different words and the use of
the different language, any changes that we make, any language that
we finally endorse as the final version of this law will have a difference,
will make a difference/alicc
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will make a difference
because if it is open to too much interpretation that is going to be a

problem because the varying interpretations will not necessarily
coincide.
So, again, the level of detail of that we are willing to listen
today during the hearing is as detailed as you care to make it.
So,
again, we will give everyone a chance to have their thoughts put on

the record.
Yes.
MS. ABDULMUNAP. Im Mary Anne Abdulmunap, the PPC chair
of Our Lady of Holy Rosary Parish. We have come up with the position
of the Bongao Catholic Christian community of the Bangsamoro Basic
Law.
We, the Catholic Christian community of the Our Lady of the
Holy Rosary Parish of Bongao, Tawi-Tawi genuinely long for a just and
lasting peace. The BBL is brought to the fore with a promise that this
will bring forth this lasting peace that we long for. To us, however,
there are issues and concerns that are ambiguous and this we want to
clarify notwithstanding that we belong to a minority of Christians that
inhabit the territory of the province of Tawi-Tawi. The issues that are
not clear give us apprehensions about BBL. Moreover, we would also
want to present suggestions on some of the areas.
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The following are some of the issues for clarification and some
suggestion:
On the preamble, the term other inhabitants is
ambiguous. Does this term refer to non-Muslims? If it does, then it

is better that the term non-Muslims be used in the preamble.
On Article II, Bangsamoro Identity. Section 1. The Bangsamoro
people are the natives or original inhabitants of Mindanao, Sulu
Archipelago and Palawan at the time of conquest or colonization who
are largely of Islamic faith.
So is it correct to suppose that not all
Bangsamoro are Muslims?

There is in the consciousness of the people here in Tawi-Tawi
that Bangsamoro refers to Muslims only so that the non-Muslims do
not belong. This may be a misconception. But, unfortunately, some of
those who educate the people on the BBL have this kind of
understanding which is contrary to the concept of inclusivity. What do
ascription and self-ascription mean?
Section 2 of the Article II.
Are there mechanisms set to
safeguard the freedom of choice of the indigenous people?

On Article III, regarding territory.
Section 2(c).
The cities of
Cotabato and Basilan are not part of the present geographical area of
the Autonomous Region of Muslim Mindanao.
made part of the Bangsamoro territory.
Now they are being
Were they consulted in this
inclusion?
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Section 2(d).
In reference to other contiguous areas where
there is a resolution of the local government unit or a petition of at

least 10 percent of the registered voters in the area asking for their
inclusion at least two months prior to the conduct of ratification of the
Bangsamoro Basic Law and the process of delimitation of the
Bangsamoro.
justified?
people?
We ask the following:
How can only 10 percent be
Will 10 percent be enough to represent the voice of the

What will happen to the majority rule?
If the contiguous
territories can ask for inclusion, can the included territories not also
ask for exclusion by the same percentage given to the contiguous
territories?
On Article VI, Intergovernmental Relations. Section 10. While
the central government shall ensure the protection of the right of the
Bangsamoro people residing outside of the Bangsamoro territory, it
must also ensure the protection of the right of the non-Bangsamoro
people residing within the territory of the Bangsamoro.
On Article VII, the Bangsamoro Government.
There
are
two
reserved
seats
each
communities and settler communities.

communities refer to the Christians?
for
non-Moro
Section 5.3.
indigenous
Does the term settler
Can we not just be clear by
using Christian settler community?
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On Article IX, Basic Rights. Right to Education, Section 13. A

complete and integrated system of quality education is a top priority.
So an educational framework relevant and responsive to the needs,
ideals and aspirations of the Bangsamoro shall be adopted. What kind
of educational framework will this be? What mechanisms will be used
by DepEd and CHED to adopt this? What happens to the principle of
separation of church and state in the realm of education? It is a fact
that on the side of the Christians, it is difficult of get through with
catechetical instructions in public school for the Catholics.
However,
our Christian Catholic students enrolled in public schools at this

moment are obliged to be in Arabic and Islamic values classes and
recently in ALIVE classes.
There seems to be an imbalance of
treatment in terms of the principle of freedom of religion.
Will the
current ALIVE program of the DepEd be implemented also in private

school? What shall the Bangsamoro oblige the Catholic schools, such
as the Notre Dame schools
in Tawi-Tawi, to offer in terms of
curriculum? In case the Sunday to Thursday classes scheme may be

implemented, will these Catholic and the other Christian Protestant
schools be obliged to follow?
How will the Bangsamoro treat the
madaris? Will schooling in these schools be highly encouraged? The

consequence of this will be the decline of enrolment in Christian private
schools such as Notre Dame, Adventist schools and the like.
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Section 14. What is the concept of the tribal university system

to address the needs of the indigenous cultural communities in the
Bangsamoro? Will this be like another SUC?
On Article X, Bangsamoro Justice System, Section 1. It is clear
that the Shariah shall have supremacy over Muslims only. However, if
the dispute
between a Christian and a Muslim, which court[Power
Outage]
THE CHAIRMAN (SEN. MARCOS). Once more/jtbc
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...Once more, we like to
call the hearing back to order. We have our electricity back.

Ms. Mary Anne Abdulmunap, please continue.
I think you still
have some other points that you would like to bring up.
MS. ABDULMUNAP. So we stopped on Article X, Bangsamoro
Justice System.
Section 1.
It is clear that the Shariah shall have supremacy
over Muslims only. However, if the dispute is between a Christian and

a Muslim, which court will prevail, the Shariah or the local?
On Article XVI, Bangsamoro Transition Authority, Section 2, how
can we be ensured that the Presidents appointment of the 50
members of the BTA be without any political color or interest? On
Article III, Territory, Section 2, letter C, what percentage will the nonMoro indigenous communities, women, settler communities and other
sectors-take in the representation to the BTA? This has to be defined
right at the very start.../cbg
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MS. ABDULMUNAP. right at the very start.

Section 9. It has to be made clear what level of the offices in the
Autonomous Region of Muslim Mindanano will be phased out gradually
and deemed abolished upon the ratification of the BBL. Will it be in the
regional level only?
municipal level?
Will it include the provincial level and the
Already at this point, there are apprehensions of a
massive displacement among the government employees in all levels.

As of now, we
are
aware of the
monitoring of
human
resource/professionals in the Autonomous Region of Muslim Mindanao

where professionals are made to fill up forms about their credentials
and the like. Unfortunately, we are given the impression that this is
only for the Muslims. Is this true? If this is a misinformation, this has
to be corrected.
General Observations:
There is no mention of Christian in the BBL.
What word or
words alludes to them? Non-Bangsamoro? Settlers?

There is apprehension among us Christians that because we are
not Bangsamoro people, we do not belong.
clarified with this.
We would like to be
That Bangsamoro really does not refer to the
Muslims but to the natives of Mindanao, Sulu and Palawan as specified

in Article II.
Otherwise, if it refers only to the Muslims, what will
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happen to the inhabitants, especially the Christians, who are not

considered Bangsamoro?
Only very few have the knowledge about the BBL because so far
there had been no wide dissemination about this.
People cannot be
conversant about it or be able to give feedback about it because they

have not read it yet. Widest information dissemination about the BBL
must be done by concerned authorities, and soon, so that when the
plebiscite comes, the people can vote according to their own
conscience and judgment.
If the BBL is for peace, is there any assurance that those
displaced personnel and heads of offices will not form a disgruntled
group and create chaos in Mindanao?
Thank you.
And that is the position of the Bongao Family
Christians Community on the Bangsamoro Basic Law. [Applause]

THE CHAIRMAN (SEN. MARCOS). Thank you very much, Ms.
Mary Anne Abdulmunap, for your quite thorough questioning.
And this is precisely what we are hoping will be the process. So
I encourage you to speak as freely as the lady from Bongao has just
done.
The members of the Bangsamoro Transition Commission have
asked to be heard on some of the points that you have raised. So I
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will hand the floor to whoever amongst you will be the spokesman for
the Transition Commission and the staff of Chairman Iqbal.
MR. SAKKAM. Thank you, Mr. Chairman, our honorable guests.
Ako po si Mr. Sakkam, the vice chairman of the Transition
Commission for drafting this BBL.
So if I am going to respond to all the questions of the madam, I
will be making a lecture completely.
What does the BBL propose to the Bangsamoro people? And I
think I will become a professor this afternoon.
Now, she started with a Bangsamoro identity?
Bangsamoro identity?
What is that
It is a name that was discussed by among
ourselves that there ought to be an identity among the Bangsamoro

people, uniting them, parang rugby iyan, to unite the entire tribe so
that when you are asked, you will not say, I am a Sakal. I am a
Tausug. I
am
Yakan.
I am a Maranao.
But, I am a
Bangsamoro. That is the meaning of that.

And in the definition of Bangsamoro, it is clearly stated there
those are the times of conquest, either original inhabitants or by
descendants or spouses.
It includes everybody, not just Islamites
Muslim, but all other tribes within the territory. And then, the territory
is also clearly defined.
What are the Bangsamoro territories?
The
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4
territory that is now presently under the ARMM plus all other territories
that will soon be included once they will ratify in the plebiscite.
Now, regarding the 10 percent you mentioned. It is only a
petition
of the 10 percent. But the entire population of that barangay
or municipality will be the one to decide by a majority vote or cast. So

it is not just 10 percent, only the initial petition. I think the general
answer should be: What does the BBL propose to the Bangsamoro
people? Ano ba ang pagkakaiba more than the ARMM?
We are not saying that the ARMM is not a good law. But we are
reinforcing what we have in the ARMM. For example, we have defined
the powersthe powers of the government, the powers of the
Bangsamoro and those powers that we share together. So lumawak
iyong kapangyarihan ng Bangsamoro.
I will go directly to the most important thing, the rehabilitation
and the funding.
In addition to the fund that we have already enjoyed under the
ARMM,
naglagay
ang
gobyerno
sa
atin
ng
rehabilitation
and
reconstruction fund. In addition to that, mayroon pang plus, plus fund

iyan. Ang ibig kong sabihin, tayo sanay dito kumain ng tinolang itim.
Kung mayroon pang mga diyan, mayroon pang ice cream diyan,
mayroon pang mga ibang tinola diyan, hindi mo ba tatanggapin doon?
Kuntento ka na ba sa tinolang itim na lang? Hindi pupwede iyon dahil
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in-expand natin. Recognition ito by the government that there ought

to be peace. Kasi ang primordial consideration: to bring about peace,
to bring about stability and to respond to the aspiration of the
Bangsamoro people for self-governance and recognition for their
identity.
So lets get back to another question, the educational system.
We are not discarding the national educational system, but again we
will introduce some curriculum or additional subject that will respond
to the culture, to the religious belief and creed of the Bangsamoro. So
paghaluin iyan in such a way that it will answer the clamor of the
Bangsamoro people.
What else?
Now, lets go to the Shariah.
Again, for the first time, the
government accepted the Shariah, not just on person, family and

property, but that includes criminal justice. And here in the Shariah,
because we argued the Shariah includes the whole way of life in the
Holy Quran. And we told them that we can only accept if the way of
life enshrined in our holy book must be strengthened, must be further
expand in such a way to answer to the clamor of our religious people.
Kung nandiyan iyong prosecution /jmb
38
COMMITTEE ON LOCAL GOVERNMENT JJOINT WITH THE

11:40 a.m.
1
MR. SAKKAM.
nandiyan iyong prosecution office, nandiyan
iyong Shariah Judicial Bar, mayroon pa tayong Judicial Academy,

school for judges, for lawyers practicing Shariah.
In addition to
current circuit court, municipal court, mayroon pa tayong appellate

court ngayon, and the qualification at par with the rest of the other
justice system of the country. Ganoon ho iyong kaganda ng BBL na
ito.
Lahat ng hindi nakuha ng Bangsamoro noon, binibigay nito,
binibigay na ng goberyerno, naiintindihan na tayo.
For how many
years we have been negotiating, more than almost five decades na,
nagne-negotiate tayo, fighting.
want? No.
Did we achieve the peace that we
Did we achieve the development that we want?
No.
Partial. Imagine, 7 billion initial in one year and then 2 billion every
year thereafter and then mayroong plus, plus, plus pa which will be
threshed
out
together
with
the
government.
Bakit
pa
tayo
makakaangal pa doon? Binigay nang lahat ng gusto mo.

Now, lets go to the police force, a very important consideration,
the police force.
In our Constitution, there is a distinction between
local police force and then the Armed Forces of the Philippines.
Our
Constitution says it shall be the primary responsibility for maintenance

of law and order to the local police.
through
the
years.
interruption]Armed
But
Forces
when
of
Kasi we know our experience

it
the
comes
to
national
Philippines--ang
local
[power
police
39

11:40 a.m.
2
nandidiyan pa rin, part and parcel of our national police. We are not
removing from the national police to supervise us.
We are not
removing from the President of the Republic of the Philippines.

Now lets go to the parliamentary form of government.
Is it
constitutional? We have the national government that is presidential

and
then
the
Bangsamoro
Autonomous
Government
which
is
parliamentary? The answer, yes. Of course, among lawyers, it may

sound conflict, sa pananaw iyan, sa perspective iyan. But to us, yes,
because our Constitution says the Congress of the Philippines, the
Senate and the House of Representatives is instructed to come up with
an organic law like the BBL that defined the instructions of government
as long as they are democratic.
democratic.
Iyon lang ang qualification noon,
And that the legislative and the executive together are
also democratic, elected by the people. Mr. Chairman, with this BBL,
you authorize us as part of Congress to come up with this basic law,
provided it is democratic.
Democratic means elected by the people,
members of parliament are being elected totally by all of you as your

representative in the parliament.
And in the parliament, they will
choose a Cabinet to exercise the executive function of the government.

So the legislative and the executive--democratic pa rin iyan.
Sina
Senator Bongbong and Congresswoman Sahali, together they are
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11:40 a.m.
3
authorized to come up with a form of government as long as it is

democratic.
Atty. Sakkam, before me,
I have the position paper that was read to us and there were some
questions which I would like to explore because they also lead to other
issues.
Is there something you would like to add?
MR. ALI.
Yes.
THE CHAIRMAN (SEN. MARCOS). Okay.

MR. ALI. I am Atty. Lanang Ali Jr. I am the legal officer of the
Bangsamoro Transition Commission under the Office of Chairman
Mohagher Iqbal.
First of all, I would like to put into record that the Bangsamoro
conflict is not a religious conflict. This is not a religious conflict, but
only the right of the Bangsamoro, their right to self-determination
which is internationally-recognized as an inherent right.
record, this is not a religious conflict.
For the
As I want to quote the
statement of Chairman Mohagher Iqbal, in the ad hoc committee

hearing in the Congress, hindi po kalaban ng Bangsamoro ang
gobyerno. Hindi po kalaban ng Bangsamoro ang Armed Forces of the
Philippines.
Ang kalaban po ng Bangsamoro ay injustice at
oppression.
And the BBL, this is an antidote to the injustice and

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4
oppression that have been experienced by the Bangsamoro since time

immemorial. So ito po ang solusyon dito. And the issue of identity,
wala po kaming nilagay na religion diyan, Christian or Muslim, kasi
hindi ito religious conflict. This is an exercise of a political right. This
is the right to self-determination of the Bangsamoro people.
So on the issue of petition of 10 percent, this is an initial stage.
Ang magde-decide po diyan is--it is through the plebiscite.
will of the governed that will decide.
Ano po bang
It is the
masama doon?
Pag nag-petition ang 10 percent, pag ang boto doon ng majority ay

No, kailangan po nating irespeto iyon kasi iyon ay democratic
process. Iyong 10 percent, petition lang iyon. And this will go through
a plebiscite.
And the plebiscite, tatanungin po ang tao doon kung
whether they vote Yes or No. Kung majority No, sorry na lang,
ganoon
talaga.
Iyan
ang
democratic
process
because
intergovernmental relations will also see the reality on the ground that
there are other Bangsamoros outside the Bangsamoro territory. And
the Bangsamoro government wants to extend the benefit of the
Bangsamoro
Basic
Law
to
the
Bangsamoro
living
outside
the
Bangsamoro territory. Masama po ba iyon?

And the issue of basic rights and education system, again, ito ay
enhancement of the education system ng national government;
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11:40 a.m.
5
enhancement. Pag tiningnan natin kasi iyong previous na educational

system, wala pong about Muslim cultures and traditions.
Atty. Ali, I would like to
just return to the previous subject, iyong intergovernmental relations,

dahil hindi naman yata kinukuwestiyon na you will extend protection to
Bangsamoro outside of the Bangsamoro territories. But what is being
questioned is that does that same protection apply to non-Bangsamoro
in the Bangsamoro territory. I think it is that element of equality that
is being raised.
MR. TAMMANG. Thank you, Mr. Senator, Mr. Chairman.
Assalamu Alaikum Wa Rahmatullahi Taala Wa Barakatuh.
Ako po ay si Commissioner Asani Tammang from Sulu. Doon sa
question ni Chairman, iyong tinatawag na Bangsamoro who are outside
of Bangsamoro, who are outside of core area,
ito ang mga brother
natin, Bangsamoro who are in Manila, who are somewhere in the

Philippines.
And as a Bangsamoro, hinihingi namin na dapat
protektahan sila ng gobyerno natin.
The central government should
protect these Bangsamoro who are outside of the Bangsamoro core

area.
In the same manner, Mr. Chairman, Your Honor, the
Bangsamoro will have to protect those inhabitants or those nonBangsamoro who are in the Bangsamoro area because whether we like
it or not, they are members of the Bangsamoro.
Because, Mr.
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11:40 a.m.
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Chairman, the term Bangsamoro is inclusive. Unlike the ARRM, the

ARMM, this is exclusive/alicc
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MR. TAMMANG. this is exclusive because Muslim Mindanao.

This Bangsamoro, it includes everybody who are within the area of
autonomy.
So being a member and living in the Bangsamoro area,
they should receive the protections from the Bangsamoro in the same
way those Bangsamoro who are outside of the core area will likewise
receive protections from the government, Your Honor.
Commissioner, when you
speak about protections for Bangsamoro outside of the Bangsamoro

territory, could you tell us what that protection is that you are referring
to, and what is the difference between the protections that are
extended to the Bangsamoro outside of the Bangsamoro territory and
just the legal protection that the government affords all its other
citizens? Is it a special case or is it just similar to what all our other
citizens of the republic enjoy?
MR. TAMMANG.
Actually, Mr. Chairman, Your Honor, this is
similar to the protections given to the citizens of the Philippines.

Because we cannot claim special protections from our Bangsamoro
people who are outside of the core area which is not the usual
protection given by the government to the citizens of the republic.
Very well. Again, I think
the question is that if the treatment of Bangsamoro and nonBangsamoro both in and out of the Bangsamoro territory is equal and
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the same. That is, I think, the concern that is being raised by those
questions.
So its good that you are able to qualify this issue.
Yes, please continue.

MR. TAMMANG. In the same way, Mr. Chairman, I would like
to add what was given by my colleague just a while ago.
As we have said, some of the importance of this BBL from that of
the 9054 is that Bangsamoro is inclusive and that of the ARMM is a
little bit exclusive.
Likewise, while it is true that the ARMM na
autonomous but in reality, it is an administrative region, Your Honor.

Because all the requirements especially in the budgeting will have to
come from the Department of Budget.
While as in the Bangsamoro
now, the budget given to the Bangsamoro, iyong tinatawag nating

block grant na block grant ito, ibinibigay and then bahala na iyong
parliament
mag-budget
according
to
the
different
agencies
of
government.
Likewise, iyong relationship ng national government at the
Bangsamoro ang tinatawag nating
asymmetric?
similar.
asymmetric.
Ano ang
Kung tutuusin natin ito, when we say symmetric,
When we say asymmetric, not similar, dissimilar.
Ang
tinutukoy dito iyong relations ng Bangsamoro and that of the national

government is not the same as the relationship of the other regions of
the country.
Because in this relationship, the national government

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recognized the identity of Bangsamoro as well as its right to selfdetermination. So medyo peculiar ang relationship ng Bangsamoro at
national government.
Likewise, as I said, iyong budget natin dito sa Bangsamoro,
automatic ang appropriations at in the form of block grant. So medyo
na-improve ang patakbo ng ARMM dito sa Bangsamoro.
Likewise, in the matter of abolition of the ARMM, hindi naman
lahat ng tao doon sa ARMM maa-abolish. In fact, ang phasing out ay
ano iyan, little by little especially those line agencies na hindi naman
puwedeng tanggalin agad iyan kasi magsa-suffer ang services.
So
medyo phase by phase iyan, and also we have to observe the Civil
Service rule. We cannot just remove anybody especially those who are
occupying na iyong mga agency na talagang kailangan. Kaya lang, we
have to understand that
all political positions, that all coterminous
positions, casuals and contractuals will have to go by their principal.

So ganoon ang sistema.
At saka iyong sa pasabi-sabi na ang abolition, that will include
the province, the city, the municipality and the barangay, walang
katotohanan iyon. In fact, all privileges enjoyed by the municipalities,
by the cities and the province ay hindi ito magagalaw.
This will
continue to be enjoyed by the local government unit.

That would be all, Your Honor.
47

JTBCadaing
I-3
November 11, 2014
11:50 a.m.
4
Thank you, Commissioner
Tammang.
I think Attorney Ali has something to add. Please go ahead.
MR. ALI. On the issue of curriculum, tribal university, etcetera,
etcetera, it was down to the issue of freedom of religion. Freedom of
religion, it is a constitutional rights.
Under the BBL, Article IX, Section 1, the wordings there are in
addition to basic rights that have already been enjoyed under the
Constitution. Ibig pong sabihin niyan, lahat po ng mga constitutional
rights ay in addition lang po itong Bangsamoro Basic Law, okay. Ang
Bangsamoro
Basic
Law
po
ay
hindi
po
ina-amendahan
ang
Constitution.
Ang Constitution is still the fundamental law of the land.
So wala po.
Lahat po ng inhabitants ng Bangsamoro whether
Christian or non-Christian, Moro or non-Moro, ay mayroon sila, existing

pa rin iyong kanilang constitutional rights. Okay, yes.
On the issue of Bangsamoro justice system, ang P.D. 1083,
otherwise known as the Muslim Personal Code of the Philippines, hindi
po iyan a-amendahan ng Bangsamoro Basic Law.
In fact, iyong mga
provisions doon applicable pa rin. In case of conflict between Muslim

and non-Muslim, the provision of P.D. 1083 is still applicable, okay.
Ang ginawa lang po ng Bangsamoro Basic Law is enhance and
strengthen, dinagdagan iyong mga persons and family relations na
48

JTBCadaing
I-3
November 11, 2014
11:50 a.m.
5
nakalagay sa P.D. 1083. So mababasa po natin iyan sa Bangsamoro

Basic Law.
On the issue ofiyon sinagot na po.
Ang Bangsamoro Basic Law, ang babaguhin po ay ang Republic

Act 9054, okay.
Iyan po ang papalitan ng Bangsamoro Basic Law,
hindi niya po iyan papalitan ng Local Government of 1991.
So
meaning, all privileges na nai-enjoy by these local government units,

municipal, province, continue pa rin iyon.
Ang babaguhin lang po, for
the record, is iyong Republic Act 9054. So hindi po dapat mangamba

ang ating mga local government units.
So iyon po.
Uulitin ko po, ang issue na ito ay hindi po ito religious conflict

kundi ito po ay pag-exercise ng Bangsamoro people sa kanilang right
to self-determination na recognized po internationally as inherent right
iyan ng isang tao sa mundo.
Maraming salamat po. Ibibigay ko po kay
I would just like to pick up
on the point though that was mentioned.

Again, the concern I believe is not the bureaucracy at the local
government level. I think what is the concern that has been raised-and we have been together in listening to the same point--is that what
will happen to the civil servants. And if their offices, for example, are
abolished for whatever reason, understandably, many of the line
49

JTBCadaing
I-3
November 11, 2014
11:50 a.m.
6
agencies will continue to function.
But inevitably, there will be a
reorganization.
Now, what happens to those civil servants who fall through the
cracks as it were of the reorganization and what will happen to the civil
servants who have previously been employed by an agency which the
Bangsamoro
change?
parliament
will
subsequently
abolish
or
completely
So anong mangyayari, iyong status nila?
Again, it is essentially the question of tenure then the guarantees

that are given to civil servants by the Civil Service Code. What will be
the status?
For example, if a senior civil servant has their agency or
their organization, their entity abolished completely, it is possible

maybe not so manybut I think maybe one or two will be abolished
outright. So I think more than anything else is what the civil servants
would like to hear/jtbc
50

CBGealan
II-3
November 11, 2014
12:00 p.m.
1
...what the civil servants
would like to hear is an assurance that the guarantees that are applied
to all civil servants, given to them by law, how will they apply to those
who have been dislocated by the reorganization. And then, of course,
also the question of assignment.
If they are removed and they still
belong to the civil service, will they then be assigned somewhere else?
Lalo na iyong mga taga-rito na dito nakatira and they have made a life
here, will they have to move in that case? So perhaps we could get a
clarification on that.
Yes, Attorney Kinoc.
MR. KINOC. I am Datu Antonio Kinoc. I am a Blaan. I am not
a Muslim, Im not a Christian.
So, Sister, you are assured that
discrimination, even in the MILF, does not exist.
Ive been with Nur
Misuari from 1996 to 2000. I was never converted to Islam. I remain

a Blaan.
I have listed some of the issues that you have raised. First, you
asked, What do you mean by ascription or self-ascription? This is a
sociological term, if I am right.
Self-ascription is what you call
yourself. If you are a Blaan, you call yourself Blaan. Ascription

by others is what others call you.
The other will say, You are a
Bangsamoro. That is their ascription to you. But by yourself, you are

a Cebuano, if you are a Cebuano. So settle na tayo diyan.
51

CBGealan
II-3
November 11, 2014
12:00 p.m.
2
I would only like to inform everybody what is the beauty of the

Bangsamoro government when it comes into play, as against the
Autonomous Region in Muslim Mindanao. First, our representation in
the legislative body. I was a staff in the RTC when we drafted what
later on became R.A. 6734.
There was no stating there that the
indigenous people or the Christian settlers will be member of the

assembly. First, the IPs cannot win in the assembly because they have
no money. Second, even the Christians, they cannot win because they
are a minority in the Bangsamoro, in the Moro territory. But under the
Bangsamoro Basic Law, we are guaranteed two seats eachthe
women, the indigenous people and the settler communities or you may
refer as Christian settlers.
So garantisado na iyon.
So hindi
makasabi ang gobyerno na kayo hindi kayo bigyan ng right. Mayroon

mang tayong representation doon.
Unless kung ilagay mo doon na
reserved seat member ay bobo, hindi siya marunong mag-argue. But

at least, our rights are represented. So iyon ang isa na kabutihan.
Tinanong mo bakit magkaroon tayo ng tribal university. Actually
this is just thinking aloud.
Kasi iyong tribal university na-envision
namin kasi iyong mga Muslim mayroon silang madaris, may school sila
for themselves.
So nasabi namin, iyong Christian naman mayroon
kayong Notre Dame, mayroon kayong western education.
So kami
naman na indigenous people, gusto namin na iyong aming mga

52

CBGealan
II-3
November 11, 2014
12:00 p.m.
3
katutubong
tradisyon.
kasama
pag-aralan
nila
iyong
kanilang
kultura
at
Kasi ngayon nawawala na iyon because of the modern,
western, disco type of civilization that were enjoying. Even among the
Muslims, nagkaproblema na sila kasi ata nawawala na. Kaya ibalik sila
sa kultura natin, so kaya maglagay tayo ng school.
Tinawag nating
tribal university ito, pero mag-umpisa tayo sa maliit. So ito, in tandem

with the government at saka indigenous system.
Dito sa Tawi-Tawi, mayroon tayong mga indigenous na grupo,
iyong Sama Dilaut, hindi ba? We will attend to that. So sabi nila isa
sa problema iyon kasi daw paano mailagay iyong two seats? Mayroon
kaming proseso sa mga IP kung paano piliin iyon. We will select the
best among the IPs to sit in the legislative body.
Ganoon din iyong
Christian settlers, mamili rin kayo kung sinong ilagay ninyo doon.
THE CHAIRMAN (SEN. MARCOS). Attorney, just to be clear,
so when the question is asked, the two reserved seats, each for nonMoro indigenous communities and settler communities, it does not
necessarily refer to Christians?
MR. KINOC. Yes.
THE CHAIRMAN (SEN. MARCOS). That is not the meaning?
MR. KINOC. When we say settlers, we refer to the migrants,
because there are no Muslim migrants in Mindanao because the Muslim
communities in Mindanao are IPs by themselves.
53

CBGealan
II-3
November 11, 2014
12:00 p.m.
4
In the universal declaration of indigenous people, there is no

religious affiliation. So all of us are IPs, if youll look at it. We have in
Mindanao the 35 indigenous tribes, and the 13 Islamized tribes. These
are all IPs.
So wala na tayong dapat i-argue doon kasi iyong
Kristyano, I say Kristyano, iyong mga migrant settlers, they are

already protected with that two seats.
Iyong mga kababaihan na
sinasabi ni Madam Amina, protektado iyon sila kasi may dalawang

babae doon.
Minsan sa isang forum sinasabi ko nga protektado
kayong mga babae.
Wala tayong argument doon.
Iyong IP may
dalawa.
So there are two for the
entire group of IPs, sa community settlers?

MR. KINOC.
Yeah.
For the entire Bangsamoro territory, two
settlers also will sit in the assembly, in the reserved seat.

Ito, I would like to explain to you the parameter of what will
happen
THE CHAIRMAN (SEN. MARCOS). Why two? Because there is
also a proposal that it be made more proportional so that the
parliament will be more of a proportional representation. So should it
not be proportional to the distribution between the Bangsamoro people
and the so-called settlers?
54

CBGealan
II-3
November 11, 2014
12:00 p.m.
5
MR. KINOC. We start with two, because there are 60 seats in

the regular parliament. Im speaking here of the regular, as against
the transition authority na 50.
Kaya I would like to correct the
impression kanina diyan sa report ni Madam na 15. No, 50 iyon. Fifty.

Five, zero. Iyon yung transition authority.
Now, anong hatian diyan?
According to our transition and
modalities annex, that shall be MILF-lead. So in short, 50 percent plus

one for the MILF, 24 will be recommendation of government in the
transition.
Now we go to the election proper na. In the election proper in
2016 or somewhere there, ang arrangement is 10 percent reserved
seats, 40 percent for district seats and then 50 percent for proportional
representation.
Ano iyong sinasabi ng proportional representation?
Maglagay tayo ng lahat, may Sama party, may Tausug party, kung
anu-ano pang ibang party diyan, then kakandidato as a whole, parang
party list.
MR. KINOC. Oo.
Parang party list, yes.
Ngayon iyong kabuuan ng boto mo,
halimbawa one million iyong boto ng entire Bangsamoro, if you get 20

percent, you are entitled to one, one seat. Ganoon iyon.
So that is where the
proportionality comes in?

55

CBGealan
II-3
November 11, 2014
12:00 p.m.
6
MR. KINOC. Yes, proportionality. The story behind this is we

want everybody to be a party kasi, sad to say, in some areas iyong
mga kandidato sa ano lang, poblacion lang, hindi nari-represent doon
sa ibang sector. So gusto natin maripresentahan lahat. So that is the
behind-the-scene history of this proportional representation.
Thank you.
There are several other points that were raised. We can go back
to them, but Mr. Taup, the President of the Rotary Club of Tawi-Tawi,
would like to add some points, I think, to those that have already been
made.
Mr. Taup, please, go ahead.
MR. TAUP.
Im a retired professor of the Mindanao State
University. As I was listening very carefully to the discussion on the

Lumad given special two seats in the parliament, why are they so
special that cannot also ascribe the legal entity of the Bangsamoro?
Why other people who may not even want to be includednamed as
Bangsamoro
Im sorry, but our sound
system is being temperamental.

MR. TAUP. Why are they so special.../cbg
56

Jmbaisa
III-3
November 11, 2014
12:10 p.m.
1
MR. TAUP. Why are they so special?
So special, that, in fact,
they are given a reserved seat just because they cannot ascribe to the
legal entity of the Bangsamoro. What could be the very reason?
So that they are provided
representation within government because it is a very basic democratic

principle that all sectors be represented in government or should be given
a voice in government. And that is the general idea behind making sure
that even if they are not professional politicians who can run for office as
part of a party, as part of their group, the indigenous population that they
are or their tribe or their particular ethnicity is still represented in
government. If you will say why are they so special, they are not special.
They are just as special as everybody else because they are also being
given a representation in government like everybody else.
MR. TAUP.
So what in the event that other ethnic group would
also opt
THE CHAIRMAN (SEN. MARCOS). Will also?
MR. TAUP. Opt not to accept the legal entity of Bangsamoro?
I think the question of
inclusion or exclusion which, I think can get into next, the issue of
inclusion and exclusion has not to do with the ethnicity again but so long
as they are considered as indigenous peoples.
If there are settlers

57

Jmbaisa
III-3
November 11, 2014
12:10 p.m.
2
coming in, then they can no longer be considered indigenous. They will
fall into another category.
Please correct me if I am wrong, I think that is the general idea.
MR. TAUP. Since it is already there, there must be mass education
on
THE CHAIRMAN (SEN. MARCOS). There must be?
MR. TAUP.
Mass education so that people would understand
because it is not just this constituency. That would include the kids in the
elementary school, in high school that they would not even understand.
So I suggest that there must be mass education on the matter in the
same way as accepting, ascripting the term Bangsamoro with all the
historical prerogative implications. But we still can accept.
So you are questioning also
the term Bangsamoro?

MR. TAUP. No. Since I see that there is no other way by which
we can accept other legal entity, then probably this can be accepted. But
massive education has to be done because this is not only for us. This
will include the small children, the elementary pupils. That there must be
a massive education on this matter for them to fully understand, because
whether they like it or not, they are part of the constituency of the
58

Jmbaisa
III-3
November 11, 2014
12:10 p.m.
3
Bangsamoro Basic Law.
I dont know how far have we done with the
education.
Well, some stakeholders have
studied this issue quite thoroughly and perhaps we could do better in

terms of the public perception and information on the Bangsamoro Basic
Law. But I am quite confident that those who are going to be making the
decisions in terms of the version of the law and the passage of the law
are well acquainted with the different provisions within the law. So that I
think is, at least for now, sufficient. We will have to, as I said, perhaps
do better in terms of dissemination to the general public and especially
those within the territory who will be involved in the actuations of the
Bangsamoro government.
Assemblyman Halipa, you would like to add something? Please you
have the floor, Assemblyman.
MR. HALIPA. [Greetings in Islam]
In the name of Allah, the most gracious, the most merciful.
We would like to welcome the Honorable Senator and, of course,
Maam Ferrer and the BTC and to our guests, my fellow public servants
and to the people of Tawi-Tawi.
Assalamu Alaikum Wa Rahmatullahi Taala Wa Barakat.
59

Jmbaisa
III-3
November 11, 2014
12:10 p.m.
4
I am not speaking here just as an assemblyman, but I am speaking

here as a stakeholder, especially of the people of Tawi-Tawi. Tawi-Tawi is
one of the most peaceful, if not the most peaceful province in the
Autonomous Region in Muslim Mindanao. In fact, we coined a word here
that in Tawi-Tawi, peace is the language of our hearts.
Now, there are actually six items that I would like to bring down
into this hearing, Honorable Chairman, but I will only dwell in two things
so that I could also give others the chance.
One is the matter on the
provision in the Bangsamoro Basic Law that recognizes the promotion of

welfare. There is no specific provision in the Bangsamoro Basic Law that
recognizes the promotion of the welfare and protection of security of
tenure of regular employees.
Under the proposed basic law, in Article
XVI, Section 9 thereof, there will be a gradual phasing out of offices of

the Autonomous Region which are deemed abolished upon the ratification
of the BBL.
Ang tanong po rito: Ano na po ang mangyayari sa ating mga
employees, 33,000 employees, especially our teachers who have done
extensive training and evaluation? Ano na po ang mangyayari sa kanila?
I have always been very articulate about the plight of our people in
Tawi-Tawi. In fact, tungkol nga sa GSIS, pinag-usapan ho namin noon sa
60

Jmbaisa
III-3
November 11, 2014
12:10 p.m.
5
other administration na hindi po nabayaran.
Nagpapasalamat po sa
ngayon sa Eighth Assembly, nabayaran na po. Isang tanong po iyon.

Pangalawa po, the proposed BBL speak of creation of a Bangsamoro
Transition
Authority which should assume office even before the
expiration of the terms of office of the present elected officials of the

Autonomous Region in Muslim Mindanao who were elected by the people
for a term of three years or until June 30 of 2016. This term of office
may not be shortened without violating the equal protection of the law.
Ang sinasabi ko po rito, we do not want to hold on into this position
kung wala naman ho kaming nagawa. But I am speaking not as an
assemblyman, but I am speaking in behalf of my people.
kaming bills.
I have proposed a bill.
Mayroon ho
I already filed a bill creating the
Special Economic Bill for Tawi-Tawi and also the ARMM Sewage
Authority which will envision that we will be more than better than what
we are today.
Ang iniisip ho namin, kung kami po ay aalisin na, as has been
mentioned in one of the periodical bulletin, that the Bangsamoro would
like to have a clean slate. Ang ibig sabihin po, talagang aalisin po kami.
So ano na po ang mangyayari /jmb
61

Aliccatimbang IV-3
November 11, 2014
12:20 p.m.
1
MR. HALIPA.
So ano na po ang mangyayari sa amin na
mayroong envisionmayroon kaming iniisip para sa aming bayan?

Iyon po ang gusto naming malaman, Honorable Chair. Hindi naman ho
namin sinasabi na sagutin ngayon pero we beg you with bended knees
that you have to consider this in the deliberation in the Senate.
Maraming salamat po.
Thank you very much,
Assemblyman.
Again, the issue of the ARMM employees has been raised and it
is something that, I think, we will have to address very clearly in the
final version of the law. Because the language reads that there will be
a gradual, gradual removal of all of the agencies that are presently
there.
However, it is anticipatedand again, I would like the either
side of the panel to correct me if I am wrong or if I do not state it

completelybut I think we anticipate that the entities, such as they
are as they exist today, will eventually be abolished and removed but
they will be replaced by other entities which perform the same duties
and functions. Now presumably, if they perform the same duties and
functions, then it would seem to be that they would also have the
same employees, the actual individuals who are in the bureaucracy.
That is what we expect. But I think we can strengthen the language so
that the language is explicit on the guarantees. And we can just say
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Aliccatimbang IV-3
November 11, 2014
12:20 p.m.
2
we need not restate the guarantees as laid out in the Civil Service
Code, but we can probably say that the guarantees on tenure, pay
grade, etcetera are maintained in this reorganization phase.
But
again, we will have to discuss also with the Civil Service Commission
how they intend to handle it. And we will have to come up with a very
clearbecause its understandable these employees have guarantees
in the Civil Service Code and they are worried for their jobs and their
livelihood and it is perfectly understandable. So, from our discussions
before in our other hearings, from all of both panels, the assurances
are that those guarantees will be maintained.
But again, I think we
can be more explicit and clear in the law so that, at least, our
employees have some assurance that their tenure and their seniorities
will be respected.
Yes, Professor Ferrer, you wanted to
MS. CORONEL-FERRER. Yes, Your Honor.
Marami pong salamat.
Magandang umaga po sa inyong lahat. Assalamu Alaikum.
You are right, Senator, that all of these guarantees will be
observed. Kung hindi po iyon nakalagay sa batas ng panukalang BBL,
ibig
sabihin,
lahat
ng
existing
laws
patungkol
sa
government
reorganization, existing laws patungkol po sa retirement benefits o

benefits na ini-enjoy ng ating mga civil servants, ibig lang pong sabihin
63

Aliccatimbang IV-3
November 11, 2014
12:20 p.m.
3
iyon po iyong gagamitin.
Kaya wala pong inaamendiya.
The BBL is
not amending anything in other national laws, especially those that

pertain to the reorganization of the bureaucracy.
So this is not the
first time that we will reorganize the bureaucracy of the autonomous

region.
Alam ninyo naman po noong nangyari iyong dating regional
autonomous governments, afterwards noong nagkaroon na ng Organic

Act for the ARMM, nag-reorganize po tayo.
So iyon pong proseso
doon, iyon po iyong proseso na naaayon doon sa naaangkop na mga

national law.
Ito po iyong Republic Act 6656 on government
reorganization at saka iyong isa pang batas patungkol naman sa

retirement benefits.
Lilinawin ko rin po na iyong local governments,
wala pong mare-reorganize.
Hindi naman po matatanggal iyong
existing local governments. Totoo po iyong ARMM bureaucracy iyong

mare-reorganize dahil matatanggal na iyong ARMM, maa-abolish na
iyong ARMM. So in that sense hindi po na-shorten ang term ng ating
elected Regional Legislative Assembly. It is not a matter of shortening
the term but it is the abolition of the post.
Kasi hindi na RLA ang
mangyayari, ang mangyayari na ay iyong parliament. But in any case,

out of 33, 39,000iba-iba kasi iyong figure natin na ARMM employees-about 27 percent are public school teachers. Hindi naman po maaabolish ang public schools.
Maaaring iyong ARMM-DepEd ngayon
mapapalitan iyan ng Bangsamoro Department or Ministry of Education

64

Aliccatimbang IV-3
November 11, 2014
12:20 p.m.
4
kung kayat doon sa level na iyon iyong may major reorganization.

And were talking about the rest of the 36,000 employees minus
27,000 teachers. So about 9,000 employees will have to go through
the process of review, possible rehiring or kung talagang kasama siya
doon sa mangyayaring pag-retire, in which case, mag-a-apply po iyong
existing law.
So mayroon po tayong guidelines na nakuha sa ating
Civil Service Commission kung papaano iyan gagawin.
Siyempre
kasama iyang bahagi ng plano and it will be gradual and phased

because we do not want a vacuum doon sa short transition phase na
mangyayari from the ARMM to the Bangsamoro Transition Authority
and then to the regularly elected Bangsamoro government. So as the
good senator has said, all the assurances have been made but all the
actual planning will still have to be done. Mababanggit ko po sa inyo
ngayon, mayroon po tayong special team which involves the ARMM
government through the office of the governor himself in consultation
with the ARMM bureaucracy, kasama rin po iyong OPAPP diyan at saka
iyong MILF para pagplanuhan po at titiyakin nating maging maayos
itong transition.
And this team is wholly in consultation with all the
concerned national government agencies including the Civil Service

Commission, the DepEd at iba pa.
So that what we can expect is a
very smooth transition, not something that will just happen suddenly.
Kung kayat talagang pinaghahandaan po natin ito para wala pong
65

Aliccatimbang IV-3
November 11, 2014
12:20 p.m.
5
masyadong maging conflict o kaya ay ma-disavantage unduly because

of the big change that we are doing from system of government to a
parliamentary system to a system where the more fiscal powers, more
powers will actually be exercised by the new government.
Iyon lang po, Senator.
THE CHAIRMAN (SEN. MARCOS). Thank you, Professor.
But again on a related point, the question which has also been
raised before is how can we shorten the terms of the elected officials
when they have been elected for a full three years. This is not allowed
in any other local government.
You can suspend but you cannot
remove anyone from their position until their term has been completed
and an election is being conducted to see if they will continue in that
office or will be replaced.
So that is a question that needs to be
clarified also.
Commissioner Tammang, maybe you can help us with this.
MR. TAMMANG. While it is true, Your Honor, that the term is
three years as mandated by their last elections, but we have to
understand public office is a public trust.
The latest mandate of the
people which is to abolish the ARMM should prevail so that, Your

Honor, the abolition of the ARMM carries with it the abolition of the
positions of the assemblymen.
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Aliccatimbang IV-3
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12:20 p.m.
6
So in your view, the act of
abolishing ARMM will include the abolishing of the positions of

assemblyman, for example, and the other positions within ARMM.
Because in the Constitution its very clear that the terms of office are
of a certain date.
Assemblyman Halipa, perhaps you would like to respond.
MR. HALIPA.
Let it be on record that we were elected under
the Constitution way ahead than the BBL. Ibig sabihin po ba, is it not
that the voice of the people is the voice of God? Binoto ho kami ng
taga-Tawi-Tawi for three years.
nagkaroon ng BBL?
Aalisin na lang ho ba kami dahil
Again, we are not against peace but we want
peace to be equal to everybody.

Thank you.
Again this is a very contentious point because again there are

guarantees for elected officials/alicc
67

JTBCadaing
I-4
November 11, 2014
12:30 p.m.
1

officials.
...guarantees for elected
Ive been in local government myself. I am aware of how
jealously we guard that trust, that mandate, that hard-fought mandate

that people have given us. So hopefully, we can find our ways through
this.
Usec Lorena, perhaps, you can add
MR. LORENA.
Before anything else, as part of a personal
practice, allow me to start my intervention with a brief prayer. [Praying

in the dialect].
God is peace, from God comes peace and as people
of the we are ordained to walk the path of peace. With that, allow
me to greet you all, Assalamu alaikum wa rahmatullahi taala wa
barakatuh.
I really want not to participate anymore but there are legal
questions that were asked more particularly on the cutting of the term.
But for the information to the Chair and the Committee, there was this
Digos case, in the case of Jun Latasa in the matter of conversion of the
municipality of Digos to the city of Digos.
In that decision of the
Supreme Court, the Supreme Court said the employees and the
officials which may be terminated because of the conversion of the city
may be done so.
So, perhaps, the Congress and the research group
of the House of Representatives and the Senate can look into that
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case. This is the Digos conversion from municipality to a city, thats

one.
But in the matter of the employees, it is very clear in Section 8
of articleon employees, they mentioned that they will not sacrifice or
disrupt public service.
termination,
the
It is provisioned that the scheduling of the
phasing
in
and
the
reorganization
of
the
bureaucracy there is a provision which says, in the exercise of the

authority, the BTA shall ensure the least possible disruption to the
functioning of government and the delivery of services in the region.
Definitely, teaching position, health position which constitutes 33,000,
more or less, of the bureaucracy of the ARMM could not be
immediately disrupted because that is a disruption of the basic services
and therefore would run counter to the provision of Section 8.
And with respect to the continuance of the employees, it is also
provided in this provision, that says, that in consideration of public
interest and the delivery of services, officials holding appointed
position shall continue to perform their functions in accordance with
the schedule. Definitely, there would not be a wholesome disruption
of basic services and at the same time, there will be no wholesale
termination of the services of those engaged or appointed position in
the Autonomous Region in Muslim Mindanao.
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I have been looking into this precisely because as a former

attorney-general of the ARMM, I have reached the Supreme Court in
one case, in the case of a provincial agrarian reform officer where he
was terminated after the passage of Republic Act 9054, where this kind
of provision was also incorporated in the transitional provision of
Republic Act 9054. Perhaps, I agree with the Chair that we have to
put more teeth into this particular provision so that we will be able to
protect not only the public service, but also to protect the officials
already holding position with the Autonomous Region in Muslim
Mindanao.
Thank you.
THE CHAIRMAN (SEN. MARCOS). Certainly, this is one area
that requires a great deal of study.
I have read the case that Usec
Lorena has mentioned and I dont know if it applies directly to this

because it is a conversion from municipality to a city. Whereas in this
case,
we are reorganizing--the words of the law is abolishing one
form of government and replacing it with another. So, again, I think

it has been raised before, Im sure it will be raised again and we have
to confront the questions that have been brought to us so that it is
clear, what we are going to do in terms of the elected officials and
whymore importantlywhy we are going to do it.
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So if you have some findings of your studies, the legal studies

concerning this because it is a very serious issue, I am sure that the
assemblymen and the other elected officials of ARMM expected to
serve for three terms--and that was the understandingperhaps, it
could be argued that some of them, if they had known that they would
not serve their full term, hindi na siguro tumakbo. So you can see why
these difficulties arise. I know that you are well aware of them.
But I
need the assistance of everyone to try and pick our way through this
rather thorny problem that we have before us.
MR. LORENA. [Off-mike]
THE CHAIRMAN (SEN. MARCOS). Yes,
thank
you.
memorandum from you would be most helpful.

We would like to call Sku Sajili of Sitangkai Island to continue
with our discussion. Please find a space anywhere and you have the
floor.
MR. SAJILI. [Speaking in the dialect] Bismillah al-Rahman alRahim,
Assalamu Alaikum Wa Rahmatullahi Taala Wa Barakatuh,
katan mgaTawi-Tawi.
Mr.
Chairman,
it
was
just
mentioned
by
the
honorable
Assemblyman Sulay Halipa that peace is within the heart of the TawiTawians.
My dear brothers and sisters, and so with you, Mr.
Chairman, we are gathered here today because we support peace, we

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love peace. We are not here for MILF, we are not here for MNLF, but
we are here for peace. So what we need is peace. As I said, in Islam,
if there is peace in our heart, there will be tranquility and peace of
mind in every individual.
My concern is, I think Republic Act 7160 is not yet amended. I
am not supporting for the claim of Assemblyman Sulay Halipa and the
other terms of the elected local officials in the ARMM.
Wala kayang
violation of the law kung itoy tatanggalin natin, ang mga elected
officials na inabot ang kanilang term for three years, ang isang term,
alam natin.
This is stipulated in R.A. 7160.
Wala kayang violation
kasi, ika nga, sila ay binoto ng mga tao. Isa sa mga concern natin.
Pangalawa is iyong binanggit natin kanina. We are not here for
MILF, we are not here for MNLF, but we are here for peace.
Ang
tanong natin, Mr. Chairman, do we think that this BTA, this

Bangsamoro Transition Authority will now be the solution of the long
problem in the Bangsamoro homeland?
Napag-aralan kaya mabuti
kasi kung nakikita natin, ang problema ngayon, is not only the issue of
what our brothers MILF and so with the MNLF claim.
So marami po
tayong problema na inaatupag ngayon.

Mayroon pong nagsasabi na itong existing provinces, the five
provinces what we have now in the ARMM, kung darating po ang
plebisito, sila po ba ay kasali magboboto for the yes or no? If anyone
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or if one of the provinces or two sa probinsiya ng ARMM, nasasakupan

ngayon ng ARMM, na nagkataon nanalo po ang no, what will happen
to the province of Maguindanao or Lanao, Tawi-Tawi, Sulu, Basilan, ika
nga?
So anong mangyayari sa isang probinsiya/jtbc
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MR. SAJILI.
...sa isang probinsya ifthat is a conditional
statementif natalo ang yes, nanalo ang no? Sila po ba ay

matatanggal sa Bangsamoro transition government, or what will
happen?
The last is, although alam natin na this will not be resolved here,
the issue is ang Autonomous Region in Muslim Mindanao is kasama po
sa batas ng Pilipinas, alam po lahat ng mga abogado. Ngayon po, ito
ay aamyendahan ng Republic Act. Maliban doon po, iyon lang muna.
Hihintayin po muna namin ang kasagutan at lets pray to Almighty
Allah that ito na ang magiging solution sa problema dito sa
Bangsamoro homeland.
Thank you very much.
As far as I understand that if an LGU chooses not to be part,
then they will just revert into a regular LGU.
parehong
probinsya,
Bangsamoro.
like
any
other
province
That is a regular,
outside
of
the
So if, for example, any province, lets say, Lanao Del
Sur, the vote is against, natalo as you say, to use your word, natalo
ang yes to Bangsamoro, then they will revert to being under the
national government as a regular local government unit.
For example, if Tawi-Tawiagain, to use an example, the
Congresswoman is asking me, then Tawi-Tawi will revert to being a
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regular LGU like, for example, Ilocos Norte East or Batangas, or Cebu,
the same status, with the same rules, with the same functions, with
the same responsibilities as a regular LGU. But this brings us back to
the question that Ms. Munap asked about Cotabato and Basilan. Why
were they included again, since they are presently not within ARMM
but they are included in the definition of the Bangsamoro territories?
This leads us to the question of the 38 barangays, and how do we
handle them, whichever way the vote goes for those barangays
because they will be voting as individual barangays, they will not be
voting only as part of an LGU. So let us say half of them vote yes,
half of them vote no, what do we do? They are all non-contiguous.
This is similar to the case of Cotabato and Basilan. What if Cotabato
and Basilan
Well, theres also a question as to whysince these areas were
not included in ARMM, why are they being included now? Because the
original conception, as far as I remember, was that it will be those
areas included under ARMM in which the plebiscite will be conducted,
because we are converting from ARMM to Bangsamoro. So now, how
come that those that are not included in ARMM have now been
included as LGUs who will be conducting a plebiscite?
So these are
questions as to how the decisions were made, which LGUs to include in

the plebiscite, which also brings us to the other question that Ms.
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Munap raised which is, can you also be excluded from ARMM?
Can
you, for example, if you originally voted to be included in Bangsamoro,

then a 10 percent sign a petition to conduct a plebiscite and yes to
Bangsamoro loses, will they then be removed fromdoes it work both
ways, the question of the inclusion and exclusion?
The 10 percent
petition, does that work both for the inclusion, or also for the
exclusion?
But first, maybe we can clarify this question as to how LGUs that
are not presently within ARMM are now included in the Bangsamoro
and in the plebiscite that is proposed to be conducted?
Anyone from either side?
Yes, Attorney Kinoc, we will go with you first, and then Professor
Werble.
MR. KINOC. First, in the question of the autonomy, there is a
precedent. In the case of the Cordillera, there is supposed to be three,
I think, and only one voted in favor. So there was no autonomy in the
Cordillera because they said that you cannot have an autonomous
region with only one province.
Now, our Chair of the MILF-BTC and the MILF panel has said that
in Congress.
Because that was asked, papaano kung iyong lima,
dalawa lang ang maiwan? Sabi ni Chairman Iqbal, Di dalawa.
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Iyong tanong kanina, Saan pupunta iyong tatlo?

revert back to your old region, which is Region IX.
You will
In the case of
Cotabato or Maguindanao, for example, they will revert to Region XII.

Now as to the question of Cotabato City and Isabela, we included
that because there are Muslim communities in Isabela and there are
Muslim communities in Cotabato City.
Kung sa salita ba ng mga
Tagalog parang suntok ba, sa buwan. We try again.

in favor, okay.
If they will vote
If they decide not to vote in favor, wala tayong
magawa.
Now on the 39 barangays in the province of North Cotabato,
these barangays voted in favor of the ARMM in 2001. But the counting
then was on the provincial level, in the same being that there are six
municipalities in the province of Lanao del Norte who voted in favor but
they were not included because according to the Comelec, the counting
must be by province. But if you look at the autonomous region, the
creation, it is not by province but by geographical units. So iyon ang
mangyayari. So, like, for example, in Iligan, Iligan City, they will vote
no kung tatanungin.
Noong nandoon ako sabi ko, Hindi naman
kayo tatanungin kasi outside kayo.
But I told the Mayor, you take
care of your barangays because if you will not take care of them, they
will jump to the other side if the Bangsamoro is good. The same thing
that if the Bangsamoro will not be good, some people will get out,
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because that is a democratic process. But we do not pray for that. We

pray for a Bangsamoro solid.
Attorney, since you have
touched on the subject, does that meanagain, the question on the 10

percent petition, can that be applied to exclusion, not only inclusion?
Because in the law, as it is written now, it only speaks of inclusion.
There is no mechanism for exclusion.
MR. KINOC. There is nothing in the law that you can petition to
get out, although that is still within the ambit of the democratic
process/cbg
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MR. KINOC. within the ambit of the democratic process. I

think they can test the waters, if they want to. But we do not want to
go into that.
What we want is inclusion, so we say that 10 percent
petition. Thats why I would like to disabuse the mind of the one who
questioned.
The 10 percent will not decide. The 10 percent is a
requirement for them to petition and the Comelec will act on the
petition, schedule the plebiscite.
And then, if they win in the
plebiscite, then they will be included.
If they do not win, of course,
they will not be included.

So as conceived thus far,
the plebiscite which will be conducted after ratification of the lawafter

the plebiscite will be conductedupon conduct of that plebiscite, that
will
define
already
those
LGUs
that
are
included
within
the
Bangsamoro. That definition cannot change, except to expand, but it

cannot be diminished.
MR. KINOC.
I would like to add, Your Honor.
Because there
are two matters here that we have to agreeto understand.
May
nakalagay diyan contiguous areas to the Bangsamoro territory. I will

give you an example, in the so-called three S of Zamboanga
SibugaySiokon, Siraway and the other one.
These are Muslim-
dominated communities. Now, according to the provision of the BBL,

after ratification, nabuo na iyong BBL, these communities can petition
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anytime to join. Pero iyong isa naman, iyong adjacent, for example,
dito sa Cotabato, iyong malapit sa Cotabato City, malapit sa
Maguindanao, iyong North Cotabato, any area in North Cotabato can
petition two months before the conduct of the plebiscite to join aside
from the 39 barangays.
magpe-petition
Kasi iyong 39 barangays diyan hindi na
kasi kasali sila.
Pero iyong ibang area na gustong
sumali, becauseI will just tell you a story. That in the municipality of
Carmen, according to the law, dalawa lang. But in reality,
there are 11 barangays that are Muslim-dominated, but they did not
win in the last 2001.
But if they opt now to join, they can petition
within two months before the plebiscite.
So dalawang sitwasyon iyon.
Iyong isa, iyong malayo, any time after the law has passed. Walang
time limit.
THE CHAIRMAN (SEN. MARCOS). The inclusion?
MR. KINOC. For inclusion.
THE CHAIRMAN (SEN. MARCOS). But there is no mechanism
for exclusion?
MR. KINOC. Wala.
THE CHAIRMAN (SEN. MARCOS). None. Okay.
Yes, Professor. Im sorry, youve been waiting forsorry. Please
take the floor.
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MS. CORONEL-FERRER. Medyo nakakalito po kasi dahil iyong

sitwasyon na pinag-uusapan, iyong first plebiscite, which is the
creation. Iyong future, kapag mayroon ng Bangsamoro government,
pwede bang pumasok ang hindi pa kasali matapos iyong unang
ratification?
O iyong nasa loob na, pwede pa bang lumabas?
nakakalito po kasi magkaiba po iyong proseso.
So
Iyong para sa
plebisito, iyong unang-unang plebisito kapag napasa ng Kongreso itong

Bangsamoro Basic Law, kung may iba pang lugar na gustong sumali,
ang requirement diyan, contiguous sila doon sa mga natukoy na core
territory; second, either mag LGU resolution sila or mag-plebisito two
months before the plebiscite. So pwede silang ihabol doon sa creation
of the Bangsamoro if they are able to do this.
But ibig sabihin,
hahabol sila sa plebisito, hindi automatic na magiging kasali sila.

Pwede bang hindi sumali iyong nasa core territory na tinukoy
dito sa unang-unang plebisito? Iyon po iyong hindi sana pwede, kasi
kapag nalatag na sa batas na ito iyong mga lugar na definitely dito
mangyayari
iyong
plebisito,
ibig
sabihin,
iyong
batas
na
ang
nagtatakda niyan na mangyayari diyan iyong plebisito sa lugar nila.

Pero siyempre, kung makakasama sila o hindi ay depende sa boto nila.
Ngayon, makikita ninyo po sa batas, iba-iba iyong paraan ng
pag-determine ng majority vote.
Doon po sa existing provinces and
cities of the ARMM, ang majority vote ay ide-determine at the level of

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each province or of each city. The same for Cotabato City and Isabela
City.
The majority vote will be determined at the level of the city.
Pagdating naman po doon sa anim na munisipyo na tinukoy ng Lanao

del Norte, ang proposal doon sa draft BBL ay ang boto ay madedetermine sa level ng munisipyo. At gayon din naman doon sa 39
barangays ang boto ay maide-determine at the level of the barangay.
Ano po iyong dahilan bakit ganito?
Kasi ang sinisikap po natin
dito ngayon ay magkaroon ng pagkakataon o pag-asa na lumaki pa

iyong Bangsamoro kaysa doon sa kasalukuyang kasapi na lamang ng
ARMM. Kasi noong nakaraang dalawang plebisito, ang boto ay laging
binilang sa antas ng probinsya at saka ng syudad. So kung Lanao del
Norte halimbawa, ang boto ay ide-determine sa antas ng Lanao del
Norte, ang majority sa Lanao del Norte ay hindi na Moro. Gayon din sa
North Cotabato, ang majority ay hindi na Moro. Kung lagi na lamang
uulitin na ang bilang ng boto ay sa antas ng probinsya sa kaso ng
Lanao del Norte at saka ng North Cotabato, alam na natin ang
magiging resulta. Hindi na nabigyan ng pagkakataon iyong mga
barangay o iyong mga munisipyo na dati rati doon sa dalawang unang
plebisito ay bumoto para makasali.
So what are we giving here? We are giving here the opportunity
to expand the area of the Bangsamoro. And why is that one of our big
compromises in the negotiation? If you remember, kung nag-umpisa
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po tayo doon sa 1976 Tripoli Agreement, 13 provinces ang natukoy

doon kung kayat ang nangyari nga ay dalawang autonomous region.
Noon pong nag-plebisito para sa ARMM noong 1989 at noong 2001, 13
provinces pa rin ang sinama at lahat ng cities dito.
Iyong
kinompromise (compromise) po ng MILF ngayon ay to significantly

reduce because we listened to the voices of the people. We listened to
the people of Iligan, Zamboanga City. Sabi nila, Huwag ninyo na
kaming isama diyan.
Dalawang beses na kaming nag-No, huwag
ninyo na kaming tanungin ulit.

ngayon.
Kung kayat hindi na sila kasama
Pero doon sa mga nag-Yes, tulad ng six municipalities of
Lanao del Norte at saka iyong 39 barangays sa North Cotabato, nagYes naman sila noon, pero dahil iba nga iyong bilangan, hindi pa rin
sila nasali.
So I think this is the big compromise that we are putting forward
here pagdating doon sa unang plebisito.
Now, Senator, doon sa susunod
Just to clarify, Professor,
because I think I am hearing you say that those LGUs in the core
territories will be part of Bangsamoro whatever happens?
MS. CORONEL-FERRER. Sir, it depends on the plebiscite. They
will be part of the plebiscite. But the plebiscite results will determine
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whether they will join the Bangsamoro or not.
Kaya democratic
process pa rin po.

THE CHAIRMAN (SEN. MARCOS). So those LGUs in the core
territory, as you call it, the core territory will also have a plebiscite.
But the majority will be determined on a province-wide basis?
MS. CORONEL-FERRER.
For the existing provinces of the
ARMM, it will be at the province level.

THE CHAIRMAN (SEN. MARCOS). At the provincial level.
MS. CORONEL-FERRER. All the cities at the city level. But for
the six municipalities of Lanao del Norte at the municipal level; for the
39 barangays of North Cotabato at the barangay level.
MS. CORONEL-FERRER. So iyon po iyong magiging bilangan.
Kasi kung lagi naman sa antas ng probinsya, alam na natin na hindi
boboto iyong buong Lanao del Norte. Alam na natin na hindi boboto
iyong buong North Cotabato. Pero iyong mga lugar na nakadikit, most
of them, except for some barangays na Muslim-majority population,
iyan naman ang may kagustuhan na mabigyan ng pagkakataon na
makasali. So iyon po iyong principle dito.
Now, the second scenario.
Mayroon ng Bangsamoro, ngayon,
pwede bang umalis kapag nasa Bangsamoro na kayo? O pwede bang

may sumali pa diyan?
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So ang process po diyan, iyong nakalatag sa batas, iyong

gustong sumali, may process pa rin po. Ano naman ang requirement?
Number one, kailangan contiguous kayo doon sa mga lugar na
kabahagi na ng Bangsamoro. Kung kayo ay nasa Davao, imposible po
kayong maging contiguous; Saranggani, South Cotabatoimposibleng
maging contiguous.
Ang pwede lang maging contiguous ay iyong sa
Sultan Kudarat at saka maaaring iyong sa ilan pang munisipyo ng

Lanao del Norte. Wala nang halos iba pa talagang maaring magkaroon
ng pagkakataon na maging kabahagi ng Bangsamoro matapos ang
plebisito.
Ngayon, pwede bang lumabas? Kung noong bumoto kayo 2015,
magkakaroon tayo ng ratification, bumoto kayo ng Yes, tapos
mamaya gusto ninyong lumabas. Yes, it can still happen. Pero iba na
po ang requirements, kasi by that time, you are an LGU trying to
reconfigure the mother LGU, in which case, the Local Government
Code will apply. Ibig sabihin, sa Local Government Code anything that
changes the configuration of a local government, it will need the vote
of the whole local government. Hindi kamukha ngayon, hindi boboto
iyong probinsya ng Lanao del Norte, ang boboto lamang ay iyong
munisipyo, kasi creation of a local government.
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So medyo complicated. But this is the creative flexibilities of the

Constitution that we are hoping to tap in order precisely to give the
opportunity to expand kasi ganoon naman po.
Remember, iyong kini-claim po ng ating mga kapatid na Moro,
ng kanilang Bangsamoro homeland, iyong buong halos Mindanao-SuluPalawan.
Sa MOA-AD, 1,000 barangays ang hiningi nila at sampung
probinsya. Nakakalat sa sampung probinsya. Ngayon, sa Bangsamoro

Basic Law, limang probinsya, anim na munisipyo, dalawang dagdag na
apat na cities at saka 39 barangays na lamang.
And thats why our
appeal is to give this a chance, na through this creative way of

fashioning how potentially the Bangsamoro will be bigger than the
current ARMM without prejudice, of course, doon sa mga kasama na ng
ARMM na ayaw naman palang manatili pa rin sa Bangsamoro. But in
any case /jmb
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MS. CORONEL-FERRER. But in any case that opportunity na

puwedeng madagdagan beyond the present composition of the ARMM.
Cotabato City, Isabela City, majority po nag-No noong nakaraang mga
plebisito, 1989, 2001.
But we are requesting them particularly to
please join the plebiscite again kasi it makes sense.
Isabela City is
part of Basilan Island. So nakahiwalay iyong Isabela City, nasa Region

IX siya ngayon. Iyong kanyang development program naka-attach sa
programa
ng
Region
IX.
Bakit
hindi
naman
siya
bigyan
ng
pagkakataon na iyong development program niya ay kabahagi ng

Bangsamoro Development Plan. Iyong Cotabato City is wedged within
the different municipalities of Maguindanao.
And historically, bahagi
naman talaga siya nitong big Cotabato province in the past.
Ngayon
siya iyong center of commerce and even government of the ARMM kasi
iyong ARMM offices nasa Cotabato City. So were asking the people of
Cotabato City, we know dalawang plebisito nag-No kayo, well ask you
again. But you will still be the one to determine whether, in fact, you
want to join or not the Bangsamoro.
THE CHAIRMAN (SEN. MARCOS). So the system is favoring
the expansion rather than the diminution of the Bangsamoro. The way
that it is conceived and written, the general tendency is to encourage
expansion.
But it would seem, you know, a simple principle, the
democratic wish is a moving target. And a Yes plebiscite vote might

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change into a No because of varying reasons. They are dissatisfied

with their leadership, the demographic changes.
All of these things
can change everything. Should there not be a mechanism? This is a

particularly interesting topic or subject because Catalonia has just
voted in a very informal plebiscite for independence. It has no legal
bearing but they conducted a plebiscite anyway. Now, what do we do
in a case like that, where one of the provinces in the core territoryI
dont think it will happen. But we need to be ready for any instance.
What if they hold an informal plebiscite which admittedly has no legal
bearing? But that plebiscite is like a result like we saw in Catalonia, 80
percent for separation. What do we do then? Because then we are not
following democratic principles because we are imposing a system on a
group or on a local government that they have voted not to adopt or
they voted to leave.
So that would seem to defy that very
fundamental democratic principle.

MS. CORONEL-FERRER.
Your Honor, iyong ganoon pong
sitwasyon is not contemplated in the Bangsamoro Basic Law nor in the

Philippine Constitution which means there is no legal framework for
that.
Pero kung may ganoong sentimyento iyong mga tao, dapat
dumaan iyan sa constitutional change.
That will allow us to actually
acknowledge areas that wish to be independent, mayroon po talagang

mga Constitution that provide for that.
Thats why theyve also had

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the vote in Quebec; in UK, theyve had the vote in Scotland. But hindi
sila na-carry.
There are countries in Africa that provide for cases
where petitions for independence can actually be processed through a

peaceful and democratic way which is through a referendum. Hindi na
kailangan giyera pa ulit ang kailangang gamitin. Pero sa Constitution
po natin ngayon, wala po iyan.
So in other words, magiging illegal
iyong ganoong klaseng movement unless we change our Constitution.

But we cannot ignore the
democratic voice because that is why--again to use the most topical

example which is Catalonia--they have agreed and all of the leaders of
the movement for independence or separation have agreed that there
is no legal mandate for them to separate. But clearly, the voice of the
people is saying that they would like to be separated.
Now the
Spanish government has all kinds of problems because they are

defying essentially the voice of the people.
So we would not like to
find ourselves in the same position because then we will be denying

the voice of the people.
The other question I wanted to ask is there a situation that is
similar to CAR where not such sufficient number voted to be included
and, therefore, the autonomy was not achieved.
In CAR, yes, oo.
Again, I really dont anticipate that that will happen.
But just
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hypothetical just so that we are in the interest of good order, as your

lawyers say, what do we do with that kind of situation?
MR. LORENA.
I just like to add to the answer particularly on
the matter of the municipalities and the barangays.
Because in
Republic Act 9054, the manner of the composition of the territorial

configuration of the ARMM was decided by the plurality votes of the
province and the cities. The argument raised by the municipalities of
Lanao Del Norte and the barangays of North Cotabato is that
specifically the provision of the two questions in Republic Act 9054 was
a violation of the provision of the Constitution.
Because in the
Constitution, it means that the configuration of the territory of the

autonomous region can become final only if it is ratified by the plurality
votes of the provinces, the cities in the contiguous areas, in the
geographic areas.
The problem in 9054, despite the vote of the six
municipalities of Lanao Del Norte, they were not even considered as

geographic area.
So perhaps in this process of the BBL, the Senate
and the House can appropriately define what is provided for in the
Constitution as geographic area because geographic area cannot
necessarily mean municipality alone. That is why, if you look into the
provision of Article X, in the general provisions of Local Government,
the
local
government should
municipalities and barangays.
be
divided into
provinces, cities,
But if you look into the autonomy

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provision of Article X, it did not follow that.
It only mentioned
provincesto make provinces, cities and geographic areas.

clearly provided for in Section 18 of the Constitution.
This is
So to give
meaning to this, the idea of allowing back the participation of those

who voted Yes in the last plebiscite of 2001 is to make an affirmation
so that they can be accommodated.
Because I think this was a
blunder in the crafting of 9054. Because question number two says,

Only those provinces and cities voting affirmatively will become part
of the autonomy.
But in this constitutional provision it mentions
three: provinces, cities and geographic areas. So thats one.

In the matter of cities of Cotabato and Isabela, remember, as
already intimated, Cotabato is part of the province of Maguindanao. It
is part of the First District of Maguindanao. And they have to elect the
First District assemblyman for the Autonomous Region.
Imagine the
disintegration of the district with the nonparticipation of Cotabato City.

That is just to correct that anomaly and the reason why they are given
a second chance to vote for this autonomy. In the crafting of 9054,
this was introduced.
In fact, if you go into the transcripts of
proceeding in the House, the original geographic area provision was

supposed to be part of the deliberation.
But when it goes to the
bicameral committee, that geographic area was not included.
So I
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think perhaps we can look into that in the crafting of the Bangsamoro
Basic Law.
THE
CHAIRMAN
(SEN.
MARCOS).
In
the
case
of
the
barangays, the 39 barangays, they voted yes, but were not included in
ARMM. Why were they not included in the ARMM? Because they were
not contiguous?
MS. CORONEL-FERRER. In the case of/alicc
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MS. CORONEL-FERRER.
...In the case of the 39 barangays in
North Cotabato, the majority vote was counted at the level of the
province of North Cotabato and they are a minority in North Cotabato.
So the reason that they
were not included is because the province voted not to join ARMM.
Why are they being included now if because
MS. CORONEL-FERRER. Because, precisely, the idea that you
allow a way to expand and the only way that you can do that is to tap
what is said in the Constitution which says that, provinces, cities and
geographic areas voting in favor of inclusion.
As to the more practical
problem of administration
MS. CORONEL-FERRER. Where they will go.
who will they be under?
Will they continue to be under the same municipalIm talking now

about the barangays. Who is their mother province and what is their
mother region?
And if they are separated from their present LGU
structure, how will that administration work considering they are noncontiguous?
MS. CORONEL-FERRER. Well, actually, Basilan, Sulu and TawiTawi are not contiguous to Central Mindanao.
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same.
Yes. But that is not the
There is a land between the core territory and those LGUs.
Having an island is not the same situation.

MS. CORONEL-FERRER. Yes, sir. That is why they will have to
decide if they want to live in a situation where they are far from their
mother future municipality.
Certainly. But what is the
situation? How will they be administered?

MS.
CORONEL-FERRER.
immediately.
Initially,
it
cannot
be
effected
There are disengagement orderthe cutting of
because the one who is empowered to create the provinces would be

the Bangsamoro government.
So the Bangsamoro government will
have to formally, through a law, constitute the new barangays in as

part of an existing province inside the Bangsamoro
So they will be separated
from their present provinces.

MS. CORONEL-FERRER. It is the most practical arrangement
that we can anticipate. And the one who has the power to do that will
be either the national Congress through specific provisions now in the
Bangsamoro Basic Law or the future Bangsamoro parliament.
There are very profound
implications to all of the local governments if that is the case.

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Because if the Bangsamoro government can now create provinces,

then that is a function of the national government. And I think this is
going to be something that Im sure will be raised especially amongst
legal circles.
Because even R.A. 7160 will start coming to play
because it is a reorganizationthe Local Government Code, R.A. 7160,

will come into play because, again, the organization, function,
administration, structure is affecting local governments that are not
inside the Bangsamoro core territory.
Again, I asked this question because it is of interest of me having
been a former local official. And secondly, it is something that needs
to be resolved because we cannot just say, Bahala na. Well see what
happens. We really need to come up with a mechanism, a very, very
clear mechanism and howbecause you have to remember, we are
now operating outside the core territory.
So the Bangsamoro Basic Law does not apply to the surrounding
areas, the surrounding province and the towns.
So, for example, in
Kabacan, the barangays who voted yes previously will vote yes
again, Kabacan does not fall under the Bangsamoro core territory and
the Bangsamoro law is not applicable to them.
So how do we resolve that apparent difference?
MS. CORONEL-FERRER.
to be defined.
The new political boundaries will have
But that cannot be defined before the ratification

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because we do not know the actual results. So the law, if there are
additional provisions provided here can anticipate what configuration
might emerge.
Bangsamoro
But otherwise, we know that even though the
parliament
has
the
power
to
constitute
its
local
governments, we know that the Constitution also requires that each

province must have a congressional district and only national congress
can create congressional districts.
Thats why we have a provision
here that says that the Bangsamoro government and Congress shall
cooperate
on
legislative
matters
that
might
require
national
congressional action as well because they cannot do it on their own.

They can initiate the process, but it would have to be affirmed by law
that is passed by national congress.
So the creation of
provinces and districts will still undergo the same process where we
have now where a local bill is filed in the House of Representatives and
if passed, is passed on to the Senate for approval,
final approval.
And, again, that will be the-MS. CORONEL-FERRER.
Only
if
it
will
require
new
congressional district. But otherwise, if there are some municipalities

that are attached an existing province with an existing congressional
district, then it is possible that that can be effected by
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Since these 39 barangays
are non-contagious, what do we do with the area in between? Because

I just looked at the map that you gave us previously, hindi talaga
magkadikit.
So papaano iyong mga nasa gitna na isasama doon sa
bagong probinsiya?
MS. CORONEL-FERRER.
They have two options, sir.
They
might want to opt in the Bangsamoro especially if they see that almost
everybody there has voted in favor or they may want to remain within
North Cotabato.
I think the issue of these
non-contagious areas needs to be clarified before the plebiscite simply

because the vote will be influenced by that mechanism that we are
now discussing.
Because they will say, Kung bumoto kami, kung
mag-yes kami, itong mangyayari sa amin. Kung mag-no kami, itong

mangyayari sa amin. So that way, people can make a proper choice.
This is what we want to happen to our community or not?
Is this
mechanism one we want to undergo or not? And I only raised it and

Im spending much time on it because it has been raised to me
informally by many, many people who say, It will determine our vote
depending on how we will be handled administratively and politically.
It will affect our vote a lot ofthat will influence whether we agree to
join or we decide not to.
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So hindi natin puwedeng i-defer dahil we cannot impose a

system, we cannot ask people to vote on a system that we cannot
define, that they cannot adjudge, that they cannot assess themselves.
Thats the problem there.
MS. CORONEL-FERRER.
So maybe we can discuss that
further in a study session to be able to see and that how it can work
out includingbecause we know that the others are also concerned
about the parliamentary districts that have been put in the annex.
Alam po namin iyong iba rin po ay may katanungan dito sa inilatag
dito na parang tentative list ng parliamentary district. Kasi, hindi ba
po--if I may continue? Ill just explain a little bit on this, Senator.
Forty percent po ng upuan sa parliament ay bubuuin ng district
representative.
Dito po sa Tawi-Tawi, dito sa ating annex dito sa
Bangsamoro Basic Law, mayroon pong natukoy na tatlong seats na

naka-allocate sa Tawi-Tawi at binanggit din kung papaano ia-apportion
sa mga munisipyo ng Tawi-Tawi ito pong tatlong upuan na magiging
representante ninyo dito sa Bangsamoro parliament.
Ito po ay hindi
pa final list kaya kung mayroon po kayong proposal kaugnay ng kung

papaano aayusin itong mga distrito, ipaabot niyo lang din po sa ating
mga members ng Congress at sa amin din po para puwede po nating
makonsidera.
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Kasi iyan po, actually, Senator, its a common problem also in

the provinces of Maguindanao and Lanao Del Norte. And we have
requested them to convene the whole province. And maybe Governor
Sahali can discuss this within the LGU so that hindi naman po
mahirapan iyong Senado kung iba-ibang mga proposals ang mangyari
dito sa usapin ng how to allocate the parliamentary districts in the
Bangsamoro parliament. That the whole province, actually, propose as
regards the allocation of parliamentary districts para hindi tayo
masyadong maraming mga proposals na hinaharap.
So far, the options that we
have had are to define three districts per province without looking at
the congressional districts.
parliamentary
district
can
That brings us to the situation where a

cross
over
into
other
congressional
district./jtbc
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district, so medyo magulo.
into other congressional
There is one another proposal that, at
least, but this is what weve heard so far in the hearingsthe other
proposal is to have three per province, at large. Or the other proposal
is divide the district, the congressional district. I think the confusion
iswhat I have been hearing is that people tend to shy away from a
fundamental difference between the parliamentary district and the
congressional district. Kasi nga kung halimbawa dalawa ang distrito,
gagawin nating tatlo, iyong district two, it takes part of one district and
part of another. Its a little confusing. Thats why the last option that
we have heard is hatiin iyong congressional district but still along the
district boundaries as defined by congressional district. Thats also a
little problematic because other places do not have three congressional
districts. But a suggestion is to divide the districts into one or two, but
not more.
maraming
In any case, iyon na nga, kagaya ng sinabi ninyo,

mga
option.
Perhaps,
member
of
the
Transitional
Committee, because this is precisely a problem that the transitional

government will have to face, how do we define the parliamentary
districts?
There is confusion as to who will be their representative.
The citizen will want to know what district they belong to and who is
their representative. Some of the formulae that have been proposed
suggest that weimmaterial, we do not look at the congressional
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districts, we just define them as is, but then there will be a confusion
because one area is represented by one congressman and another
area of the same district is represented by a different member of
parliament.
So its something again that has to be clarified very
clearly because, again, this will influence peoples vote as to whether

or not the system is something that they approve of.
In any case, we got pulled into a very detailed discussion on
some of the issues that are being raised. But before we do that, as I
had proposed, I would like to hear from everybody who has a position,
and we are in receipt of position papers. We have this position paper
from the Tawi-Tawi Alliance of Civil Society Organizations.
Yes, Maam, you are the representative?
Would somebody bring her a microphone, please, so that she can
read their position paper into the record.
MS. SEVILLA. Hello.
Assalamu
alaikum
wa
rahmatullahi
wa
barakatuh
to
the
Honorable Chair of the Senate for this public consultation for the
The august body, Tawi-Tawians, this is a
position paper calling for the consideration and inclusion of the issues
and concerns enumerated herein by the Tawi-Tawi communities
consulted and the immediate passage of the Bangsamaro Basic Law at
the House of Senate.
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The
Tawi-Tawi
Alliance
of
Civil
Society
Organizations
Incorporated is an alliance of 83 civil society organizations, peoples

organizations and basic sectors from the 11 island municipalities of the
province of Tawi-Tawi.
TACOS, in its partnership with the Consortium of Bangsamoro
Civil Society Organizations, helped in the community information and
education campaign from FAB to CAB then the Bangsamoro Basic Law
for the following municipalities: Simunul on March 10, 2014; Bongao,
March 12; Panglima Sugala, March 14; Sapa-Sapa, March 16;
Tandubas, March 18; South Ubian, March 20; Bongao, May 17 with
BTC Commissioner Atty. Raissa Jajurie; Sibutu, June 13; Sitangkai,
June 15; Bongao again on June 17; Jakarta, Languyan, September 24;
and Parang Pantay, Languyan, September 25.
From these community consultations, people in attendance,
especially the Sama and the Tausug find the provisions on the
Bangsamoro waters and zones of joint cooperation a very important
part of the Bangsamoro Basic Law as this will ensure that the rights of
the small fisherfolks to these waters will be given to them and not just
only to the commercial fishers.
The provision of 4 percent block grant is very small, considering
that the Bangsamoro is potentially bigger in territory than the ARMM,
and would have more powers and responsibilities. And since 4 percent
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is really just what the ARMM gets for 2015 from budget provided to it
through the General Appropriations Act through the apportionment by
the different line agencies, the Bangsamoro should have more than
just 4 percent in order for it to deliver the services that are expected of
it to its clientele.
With
the
pace
that
the
Bangsamoro
Basic
Law
is now
undergoing, the transition period for the Bangsamoro Transition

Authority is very short, considering the workload that they have to
perform upon assumption such as the work on the phasing out of the
ARMM employees, building the bureaucracy of the Bangsamoro
Transition Authority, enacting its administrative code, its own election
code and its own revenue code, it is called upon that the term of the
BTA will be lengthened.
Since the Bangsamoro Basic Law does not distinguish between
land and water borders on the matter of contiguity, those areas
sharing a border on water like Zamboanga City should be allowed to
petition and join the Bangsamoro through petition or resolution, and
due course should be given to the plebiscites that will be conducted for
the purpose of determining the Bangsamoro adding areas, and should
be limited only to the registered voters of the areas that have
petitioned, and not the mother LGU, as reiterated by Commissioner
Ferrer a while ago.
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To be faithful to the agreement, the concurrence should be,

funding for the maintenance of national roads should be the power or
responsibility of the central government, but the construction of new
national roads and the funding thereof should be with the Bangsamoro
government to allow the Bangsamoro to decide on the road network
that it wants to establish in the Bangsamoro. As what the annex on
power sharing says, that what is concurrent is the funding for the
maintenance of national roads, bridges, and irrigation systems, and
not what the BBL provides that the central government shall be
responsible for the funding, construction and maintenance of national
roads, bridges and irrigation systems in the Bangsamoro.
Whereas,
the
annex
on
Transitional
Arrangements
and
Modalities provide that the plebiscite should allow for the maximum
participation of the Bangsamoro, and in order to do this, there is a
need for a special registration and absentee voting that would allow
Bangsamoro in diaspora, in other countries and other cities, places in
the Philippines outside the Bangsamoro core territory to register and to
vote from where they are stationed.
Wherefore, the Alliance submits this petition and asserts for the
reconsideration of the issues and concerns and their inclusion in the
Bangsamoro Basic Law before it be passed in the Senate and in the
House of Congress. 1) Increase the block grant for the Bangsamoro to
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deliver its services to its bigger territory; 2) Provide a longer transition

period for the BTA to properly and completely accomplish the task of
phasing out ARMM employees, building the BTA bureaucracy/cbg
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MS. SEVILLA.
building the BTA bureaucracy, enacting an
Administrative Code, enacting an Election Code, enacting a Revenue

Code and enacting its own Civil Service Code.
Allow the contiguous areas to petition and join the Bangsamoro
through petition and resolution and be given due course that it be
limited only to the registered voters of the areas that petitioned and
not the mother LGU.
Maintenance of existing national roads be the responsibility of
the Central Government, but the creation of new national roads and
highways be given to the Bangsamoro to allow them to decide on the
road network that it wants to establish in the Bangsamoro territories.
Allow the conduct of special registration and absentee voting for
maximum participation of the Bangsamoro diaspora communities to
the plebiscite and the election of Bangsamoro government officials.
And, lastly, ensure the provisions under the Bangsamoro waters
and the zones of joint cooperation to ensure the rights of the small
fisherfolks.
Signed this 10th day of November 2014 at Bongao, Tawi-Tawi,
Philippines.
Submitted to the Chairman, the Honorable Senator
Bongbong Marcos.
Sir.
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I would just like to clarify some of the points that your position
paper makes.
And I think the whereas on the provision of a 4
percent block grant is quite clear, that in your view that the funding
should be greater for the delivery of services.
So that is something that is very easy to understand.
The question as to the transition period keeps coming up.
Maybe we should ask the Transition Commission.
Ganito na lang. Let us start from the ideal. Ideally, what would
be the transition period you think would be required so that all the jobs
that need to be done by the Transition Commission are completed?
Huwag muna nating isipin ang limitations kasi of COMELEC of
synchronizing elections, etcetera. From a clean sheet of paper, what
would be the ideal transition period in your view? Nang matapos lahat
ng kailangang gawin bago magka-eleksyon, bago ma-implement na
ang Bangsamoro governmentwe start to form the Bangsamoro
government.
In fact, in the position paper that was given, there are
mentioned very specifically the tasks of phasing out ARMM employees,
of building up the bureaucracy, enacting an Administrative Code,
enacting an Election Code, enacting a Revenue Code, enacting a Civil
Service Code. But I think, in my view, there are more duties that need
to be done besides all of that. These are certainly the main ones. But
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again, to reorganize such agencies, as will be maintained by the new

government, again, I think the question should be because we planned
for the ideal and then we slowly compromise what we cannot achieve.
So what would be the ideal? Would you want to have one year, two
years, three years? What, in your view, would it take to complete all
of the tasks that need to be completed?
MR. ALI. [Greetings in Islam] Assalamu Alaikum.
Kung ideally po ang tatanungin, ang gusto sana na transition
period is up to 2019, meaning, the full term of 2016 to 2019. That is
ideally. Kasi noong last November 6 and 7, nandoon kami sa Davao,
iyong sa BDP, mayroon kami doong engagement with the United
Nations representatives, ang sabi niya, in Tagalog, One year transition
period is, kung baga hindi maganda.
Baka ang matapos lang ng
Bangsamoro Transition Authority ay puro drawing lang, walang

implementation, sabi. Puro plano-plano, pero walang implementation.
I suggest na mahabang transition period para iyong plano ay
ma-implement natin nang maganda.
So iyon po ang ideal doon para
iyong lahat ng mga functions and responsibilities and duties ng BTA ay

ma-implement nang mas maganda.
Obviously, mas maganda kung
mas mahaba ang transition period.
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During your discussions,
was this period discussed? And was the schedule that you are telling
us now, was that proposed?
MR. ALI. Yes, Senator, Your Excellency.
During our discussion in the Bangsamoro Transition Commission,
iyan po ay iminungkahi ng mga ibang commissioners.
Pero ang
nangyari po kasi, nakalagay sa ating agreement na there will be one

year transition period. So nasa agreement iyan na one year transition
period.
Ang sabi po ni Chairman Iqbal, iyan po ay pinagkasunduan
namin sa gobyerno ng Pilipinas, kami po ay tutupad diyan sa
kasunduan na iyan. Pero kung ito ay babaguhin ng Kongreso, na sa
tingin nila ay mas maganda ang mahabang transition period ay
sasang-ayon po ang MILF doon.
So I am presuming
that
the limitation of the transition period

Wait. Another quick detailed question, in your calculation, when
you say that you would like the transition period to last until 2019,
assuming
the
plebiscites
are
conducted
when?
What
is
the
assumptioniyong premise ninyo for the 2019 schedule?
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MR. ALI. Sa plebiscite yata is wala pa kasing schedule talaga sa

plebiscite until the law is signed by Congress.
THE CHAIRMAN (SEN. MARCOS). Hindi. Kung mapasa iyong
plebiscite, mahuli iyong plebiscite, what is the assumption that you are
making to give us a date of 2019? Basta next year?
MR. ALI. Next year.
THE CHAIRMAN (SEN. MARCOS). Basta next year.
MR. ALI. Mayroon po kasing resolution or rules and regulations
ang Comelec regarding sa conduct of the plebiscite and kami po ay
nagmiting po sa Comelec regarding sa plebiscite.
THE
CHAIRMAN
(SEN.
MARCOS).
Oo,
marami
silang
limitation dahil nga naghahanda sila sa 16.

MR. ALI.
Oo, 16.
Hindi po sila makagalaw sa panahong ito
kasi, unang-una, wala pa pong basic law.
And then basis po kasi
noong resolution to conduct the plebiscite of the Bangsamoro ay doon

po sa batas.
Kasi doon sa resolution na iyan, they will cite the
provisions of the law which will mandate them to implement the

conduct of the plebiscite in the Bangsamoro. So ang magagawa lang
po ng Comelec ngayon ay gumawa ng draft resolution at saka na lang
nila aaprubahan iyong resolution na iyon, the Comelec en banc,
pagdating ng enactment ng Bangsamoro Basic Law.
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So iyon po iyong update nila sa amin sa Bangsamoro Transition

Commission. So hindi pa masyado silang makakapag-decide sa issue
na iyan.
THE CHAIRMAN (SEN. MARCOS). I understand.
How did the idea of four years become what it is now, just to
synchronize with the 16 election? Is that the idea?
MS. CORONEL-FERRER.
Yes,
Your
Honor,
because
the
negotiations took much longer than we had hoped.

know.
But
the
requirement of a transition period does not change no matter how long

the negotiations lasted because the determinant of that transition
period or the requirement of a transition period are the tasks and
duties of the Transition Committee and what they have to do.
We are listening to the Transition Commission and they are
saying they would like approximately four years in terms of a
transition.
I am sure that it was raised during your discussions.
would just like to know how from four years did we end up with the
schedule that we have now wherein the plebiscites will be conducted
next year and the elections of the new elected officials to the
Bangsamoro government together with the 2016 national and local?
MS. CORONEL-FERRER. Actually, Your Honor, in the original
MILF proposal, they wanted six-seven years transition.
But the
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President said that If you want everything firmly in place during my

administration, then lets do everything within 2016. And that is the
framework that the President is working on. However, it is really up to
Congress to decide whether that is something that they would want to
provide, a longer transition period. But as far as the Comprehensive
Agreement on the Bangsamoro is concerned and as far as the
commitment of the President is concerned
THE
CHAIRMAN
(SEN.
MARCOS).
Can
the
Transition
Commission extend itself?

MS. CORONEL-FERRER.
The Transition Authority of the
Bangsamoro.
did it extend itself?
The Transition Authority,
Can they say at some point, let us say, in
December of 2015 /jmb
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in December of 2015,
sabihin nila, Marami pa kaming masyadong gagawin, hindi namin

matatapos ito by May of 2016. Is there a way for them to say, We
give ourselves another year or another year and a half, whatever it is,
conduct the reorganization.?
MS. CORONEL-FERRER.
Only if the Bangsamoro Basic Law
provides for that possibility.

THE CHAIRMAN (SEN. MARCOS). But we dont have such a
mechanism?
MS. CORONEL-FERRER.
Not now because the time frame is
still to have the regular elections by 2016.

THE CHAIRMAN (SEN. MARCOS). Would that be violative of
any principles that were agreed to in the framework agreement if we
include that?
MS. CORONEL-FERRER.
It will not, Your Honor, if that is
something the Congress is willing to conceive.
But as far as the
commitment of the President, it is something that is not part of what

he has committed to campaign for in terms of the drafting of the
Bangsamoro Basic Law. But if it is something that is perceived to be
advantageous and will not contradict other constitutional provisions
such as the synchronization of electionsbecause if it is not 2016,
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then it will have to be 2019. It cannot be earlier than 2019 and then
hold an election somewhere in between.
Okay.
Well, that clarifies
that anyway. At least we know where we stand.

To go back to the position paper as has been read, I would just
like to be clarified on the proposal that you have concerning national
roads and the duties of the Bangsamoro government in terms of the
construction of new roads and national highways.
As you know, Im
sure the function of maintenance and creation of national roads are all
under the Department of Public Works and Highways. As a matter of
fact, it is limited to the national roads. And the Department of Public
Works and Highways cannot work on barangay roads, municipal roads,
provincial roads.
So, this will be a fundamental change now in the
duties of the DPWH.
So, am I clear in my understanding that your
proposal is that function be ceded to the Bangsamoro government?

MS. SEVILLA.
Yes, Honorable Senator Marcos.
Bale iyong
creation po ng new roads, new national roads, should be ceded to the

Bangsamoro
government
for
reason
that
they
will
have
the
responsibility to identify the road networks that they will be creating

for the Bangsamoro core territories. Kasi pag nasa central government
pa
po
ang
pagsagawa
ng
mga
bagong
daan,
baka
po
hindi
magkatugma sa mga planong gagawin ng Bangsamoro government.

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So it will just be a waste of resources na naman. Gagawa ang central

government at may gagawin na naman ang Bangsamoro government.
To maximize resource po siguro.
THE CHAIRMAN (SEN. MARCOS). How about the funding?
MS. SEVILLA. Iyong funding po, kasali naman po yata sa block
grant.
So kukunin na lang sa
block grant. Hindi na kukunin sa

MS. SEVILLA. Opo. Hindi po ba pag nagbigay ng block grant at
may ii-implement na proyekto ang Bangsamoro government, bale
dapat nagdya-jibe siya doon sa pangangailangan ng core territories
niya.
Hindi po ang central government ang magdi-dictate kung ano
ang mga bagong road networks na gagawin.

THE CHAIRMAN (SEN. MARCOS). Okay. The function now in
ARMM is similar to the RDC, the Regional Development Council. The
Regional Development Council makes recommendations to NEDA.
If
NEDA approves it, then they will instruct DPWH to implement. And in
the question of maintenance, it is all DPWH, not only the funding but
also the personnel, our DPWH personnel.
change
that
system?
The
So are you proposing to
Bangsamoro
maintenance and building of the roads?
government
also
the
Because sa pagkabasa ko
parang ganoon.
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MS. SEVILLA. The maintenance of the existing road networks

will be with the central government but the creation of new national
road networks will be decided upon by the Bangsamoro government
na.
Yes.
But that could be
viewed as a usurpation of powers of the national government.
But
anyway, I just wanted to clarify what exactly your proposal was.

Thank you.
Is there anything else you would like to add? Very well.
Ill go to the next position paper. I would like to get to the other
position paper which the Committee is in receipt of.
From an NGO,
Lumah Ma Dilaut Center for Living Tradition, represented by MuchaShim Lahaman Quiling. You are there. All right. Maybe you can take
us through the position paper as you handed it to the Committee.
MS. QUILING.
Rahmanir Rahim.
Audhu bi-llahi mina shaitani rajim. Bismillahir
Assalamu Alaikum Wa Rahmatullahi Taala Wa
Barakatuh.
Distinguished members of the parliament and bureaucracy, our
respected elders, academic and religious leaders, scholars and fellow
Sama and Tausug citizens of the Republic of the Philippines.
Our position is a reiteration of an intervention presented to the
UN Working Group in Geneva in various sessions of the Permanent
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Forum for Minorities between 2004 and 2010. It is a case asserting for
the Sama Dilaut.
In cases where long running conflict have
engendered injustices resulting to political marginalization, economic

disenfranchisement and socio-cultural alienation for people belonging
to ethnic and religious minorities, history, tradition and culture may be
the only resilient resources remaining as social capital to resist
oppression and to survive the systematic genocidal attempts, often
statistical and psychosocial in nature.
Mr. Chairman, the silencing and the making of minorities
invisible within the backdrop of five decades of war was the political
context of the crafting of the Bangsamoro Basic Law.
We are now
debating and taking sides on an assumed binary of supposed

oppositional stances of rights:
equality and liberal justice.
minority rights versus the right to

For indeed, the present debate now
ensuing over the Bangsamoro Basic Law is a plea for the recognition of
difference that the Bangsamoro proponents want to forward. While on
the other hand, the other minorities, indigenous people and sectoral
minorities argue for equality.
But there is a third compromise, the
rights-based argument calls for the recognition of salient rights of the

Bangsamoro which are self-governance, identity rights and rights to
special representation.
While on the other, its also a cognizance of
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the ethnic, cultural, indigenous and religious or sectoral minorities to

economic, social and political entitlements.
Now, this brings me to put in my first stake, Mr. Chair, that the
new
Bangsamoro
political
arrangement
and
the
laws
that
the
Bangsamoro Basic Law purports to legislate must not in any way harm
the minorities within the Bangsamoro minorities. It must be enshrined
in its declaration of principles and policies, unequivocal avowal of
discrimination.
That the Bangsamoro Basic Law as a multicultural
policy must make clear its intent not to privilege one cultural group
over other minorities but to ensure equity and justice by securing a
transfer of resources or opportunities from majority to minority.
To bring this issue closer to Tawi-Tawi, my new home, and its
constituents and stakeholders, I speak for the Sama Dilaut, the
Badjaos/alicc
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MS. QUILING.
the Badjaos.
The people call them the
Badjaos, but they are Sama Dilaut by ascription.

At the onset, I must affirm that for me to be able to claim
subjectivity to speak for the Sama Dilaut is because I am privileged
and I have power. And that is what the Sama Dilaut do not possess
and that is what the Bangsamoro Basic Law must stand for. It must
not listen to those who have power and privilege, but it must go down
to the communities.
Then I will say my third stake, which is a plea for this new
Bangsamoro political entity--the Bangsamoro Transitional Commission.
Gentlemen, you are now vested with the privilege and power to
sincerely give voice to those who have been silenced and in the
margins. This new entity that claims now to be a khalifathe holders
of our trustmust bear witness and hold itself accountable for the
purported representation and privileged agent-hood because the BBL
stems from the spirit of self-determination as a clamor for freedom and
justice. It must redound to acts of freedom and justice as an exercise
of political will. One will is to liberate others from ones manipulation
and control.
And the second will is a consequent freeing of oneself
from the burden of accountability of freedom.

Our holy Quran is very clear that no bearer of burden may bear
others burden and mankind can have only that which he worked for.
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Having done that, the new khalifa, the Bangsamoro juridical entity,
inshallah, may have freed itself from one potential fitnah, the
corruption of power and by power.
The Sama Dilaut has been classified as the thirteenth Moro
ethnolinguistic grouping not so much by consensual self-identification
but because of their traditional dwelling in the reefs and waters of what
we referred to as the pre-Martial Law unified Sulu Archipelago
consisting of provinces of Sulu,
Tawi-Tawi and Basilan and parts of
Palawan and Zamboanga Peninsula, a predominantly Moro territory by

virtue of pre-colonial definitions of the Moro province.
Identity politics is a post-modern post-colonial problem. And as
such, it has to be grappled within a post-modern handle and the
ramifications taken of post-colonial reality. Minorities questions such
as that of the Sama Dilaut and the indigenous Lumad should not be
regarded merely as a right to identity. It should not be taken into the
homogenizing agenda of a
trustee.
new hegemony calling itself to be the
Therefore, the core of the minority and the indigenous
population cannot be substantially dealt with as a politics of identity

alone.
Suffice it to say then that the plight of the Sama Dilaut spells a
threatened extinction of indigenous and minority people who have
been part of the Sulu and Mindanao waters even before history and far
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antedating the founding of the Republic of the Philippines and, of

course, of the Bangsamoro.
So what are the possible avenues for resolution? First, I contend
that the Bangsamoro Basic Law shall seriously consider including an
enabling provision declaring protected areas of sanctuaries, not only on
matters of economic or natural resources, but taking into consideration
the people as part of the biodiversity and ecological system which is
the Sama Dilaut.
And such protected areas of sanctuaries should
consider the traditional roots of migration. Therefore, not limiting to

the inland waters and what we have defined as the basic waters
Bangsamoro waters.
The provision would be a harmonization of
existing fishery, environmental or biodiversity laws and the Indigenous

Peoples Rights Act.
Such law shall provide for the drafting of a
comprehensive human security and development plan for the Sama

Dilaut and similar nomadic and pastoral societies.
A section on right to integrity of biodiversity and protection of
environment may bolster and enhance the present provisions on
Section 8 of Article XIII on economy and patrimony. That such section
should be placed on the basic rights
and also taken within
the
purview of the article on territory, particularly the section on definition

of Bangsamoro waters.
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Appropriate agencies in partnership with the academe may be

mandated to conduct a study with the full support of government and
international,
United
Nations
institutions
on
spatial,
historical,
anthropological and pragmatic bases for the creation and management

of the sanctuaries or protected areas for the Sama Dilaut.
In conjuring the best ways forward, Mr. Chairman, the United
Nations Development Program (UNDP) recently came up with the
Human Development Report in 2013 which may be instructive to us,
focusing on the rise of the south.
The south being the political
metaphor of marginality, invisibility and exclusion in world geopolitics

long monopolized by Euro-centric discourses and western hegemonic
interests.
In the Human Development Report of 2013, the UNDP suggested
that global development challenges have become more complex and
transboundary
in
nature
and
countries
have
increasingly
interconnected through trade, migration that outdated structures that

no longer represent and reflect the new economic and political
realities. Sad to say, the concept of a nation is an outdated concept
because we are already a global village, a global community.
So in this crossroad, greater transparency and accountability,
greater participation, decision-making power for those directly affected
by global challenges are sought as lasting solutions to upheavals and
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discontent.
Building self-confidence of minorities and sowing trust
among them of those in the periphery can spell the bright future for all
of us.
Mr. Chairman, the demography of the new globalization or new
internationalism is the history of postcolonial migration. To date, we
have a million Bangsamoro Muslim citizens halaws in
Malaysia.
Sabah,
It is the narratives of cultural and political diaspora, the
unheard of majority.
It is the major social displacement of aboriginal
communities, the grim prose of political and economic refugees. And

it is where in those boundaries where our advocacy should not stop but
instead it should begin our presence.
And it brings me now to say that any provision or all provisions
in the Bangsamoro Basic Law must not in any way further marginalize
and prejudice us who have been minoritized two folds and not further
disenfranchise
and
set
up
disadvantageous
relationships
or
arrangements to our traditional economic ways and ancestral domains.

I am referring here not only Sama Dilaut who ply the Southeast Asia
seas and waters but also other Bangsamoro ethnic diaspora historically
plying the Nusantara waters and reefs, and now defined as the shared
water of the Coral Triangle of the Brunei, Indonesia, Malaysia and
Philippine growth area.
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So what we can do is to make provisions that could be aligned to

the relevant provisions of Article III, Section 5 on ancestral waters.
No. 2,
Article V, Section 3 on exclusive powers particularly of
items 29, 30, 33, 34, 35 and 36, and taking view of relevant provisions
on trade and industry, Sections 25 of Article XIII on economy and
patrimony.
The Bangsamoro Basic Law/jtbc
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MS. QUILING.
The Bangsamoro Basic Law shall lay down
enabling legislations to open the issue for restudy with serious

consideration of, and with concerned countries within the Southeast
Asian basin and within the auspices of regional and international
political forums and bodies such as the Association of South East Asian
Nation and the ASEAN International Commission on Human Rights or
AICHR.
Lastly, the rights-based approach to responding to minority
questions be framed within the context of the peoples contribution to
the global movement of capitals, trade and migration.
And this
Committee, Mr. Chairman, I respectfully behoove to take serious

consideration of the archipelagic nature of the island provinces that are
part of the ARMM territorySulu, Basilan, Tawi-Tawiand the trans
boundary
nature
of
the
Bangsamoro
traditional
economic
and
commercial activities.
Shukran and Wassalam.
Thank you very much for
that examination on the different concept of claiming spaces.
I just
need to be, I think, could be clarified with this concept of claiming

spaces, as you have mentioned in your position paper.
If you are
essentially a nomadic tribe, then how do we define those spaces?

Because we are talking now about an ancestral land within the
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ancestral land, so that is going to be contentious because whatever

space you claim will abut against somebody elses claimed space. So
how, in your conception, does that work?
MS. QUILING. Yes. Thank you, Mr. Chairman.
Spaces is taken to mean here of socio-psychological space which
defines the territory.
For the nomadic communities, territory is not
bounded by a particular geographic boundary.
Territory, from the
socio-psychological point of view, is the entire water, the entire Sulu

water. Thats why the fear that the definition of Bangsamoro waters
may invite political analysis or political interpretations of Bangsamoro
water as though it is geographically ascribed to particular islands or
within the 22 nautical miles limit.
So that now deprives the
psychosocial concept of the Sama Dilaut of their lahat which is the

entire Sulu Sea without boundaries. In fact, it transcends boundaries,
it goes to Sabah, to Kalimantan, Indonesia, and even farther north to
Palawan and farther.
So thats just the way we define the claiming spaces.
Its
actually disclaiming sedentary or fixed notions of spaces.

concept of psychosocial space?
How do we define such a
You know, it is a very ethereal idea
because we operate at a very simple physical definition of territory, of

ancestral land, ancestral home, so it is a very difficult concept to
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understand how do we define what you have referred to as a

psychosocial space.
MS. QUILING.
In this position paper, I defined it, Mr.
Chairman, as the traditional routes of migration.
Simply, its the
traditional routes of migration of the sea nomads.

So in your view, the
Bangsamoro government should recognize those traditional migrations

routes as you define them?
MS. QUILING. Yes, thats one thing. And another thing is to
give enabling provisions that would open thoughts, that would open
discussions especially with concerned countries that share these
territorial waters so that even at the level of regional fora or formats,
these can be discussed. I think Ms. Amina Rasul was also mentioning
about the traditional domain or ancestral territory of the Sulu
Sultanate. I think the same parlance is suggested here.
Yes, Ms. Amina Rasul-Bernardo, I think, will help us clarify this
new concept which is the first time we have heard of it.
MS. RASUL-BERNARDO. Thank you, Mr. Chair.
What my sister, Mucha, is saying, this really focuses on the
issues of the tribes in the islands, the Sama, the Tausug, the Sama
Dilaut, because we do not really have borders. Our borders are porous
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and during the early days of martial law and before martial law, our
traders would go to Sabah and trade, and national government
considered it smuggling. We didnt consider it smuggling because we
were just doing barter trade with our own communities.
So when
Mucha talks about the domain of the Badjao, its really wide expanse in
much the same way that its very difficult for us to think about borders
between Sulu and Sabah because we consider that part of our domain.
However, having said that, were now looking at the territory that is
going to be defined by the Bangsamoro Basic Law and looking at
possible psychological impact, psychosocial trauma on our Badjao, it
really occurs to me that just like the Tausug and the Sama who did
barter trading inspite of the fact that national government considers it
smuggling, it seems to me that poor people will not care whether there
are boundaries in concrete or boundaries by law. If this is the nature
of our life, we will continue to do so. So it would be good if we could
have a little bitI would love to hear more specificity about this as it
impacts on the Bangsamoro waters and the definition of what is the
domain.
Because for saying that the territories of our brothers and
sisters from the Sama Dilaut community is really that expansive, then
those of us who are with the Sultanate of Sulu are going to support
because then we should also now be expanding our domain and get
back Sabah, put it right within the context of our historical possession.
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THE CHAIRMAN (SEN. MARCOS). I think it is essentially an

attempt, an effort to preserve traditional culture and the traditional
cultural identity of any ethnic group.
And thats what I think, I am
beginning to come to the conclusion thats what the psychosocial space

means. It is the shared culture and identity of a certain group. So it
does
not
belong
in
the
physical
world,
but
more
so
in
the
understanding of each member of that community of what makes them

who they are.
But, I think, because it is of relatively nebulous concept, how do
we translate that into legislation?
What kind of legislation would be
effective in preserving that identity that we would ask the Bangsamoro

parliament, at some point, to recognize and to codify?
MS. QUILING. The identity of the sea nomadic people, as well
as the land-based pastoralized people, are closely linked to nature. So
any legislation that would protect the right to the integrity of
biodiversity and environment would tantamount to the protection of
the same culture and demographics.
So I thinkthat is why in
most/cbg
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MS. QUILING. that is why in most of my presentations, I hit

at the natural resources, environment, waters. So nature and ecology
spell the life for these indigenous people.
THE CHAIRMAN (SEN. MARCOS). Very well.
So it is again a subject that we touched upon earlier. But this is
protection of IPs, for example, and their rights. Rather than in terms of
power and function and physical boundaries, we are talking more of a
cultural identity that is being suggested, the protection of that cultural
identity. I would even submit the entire process of the Bangsamoro is
precisely that.
So it is consistent with what we are doing here in
creating the new government.

So, Professor Ferrer, you would like to add something?
MS. CORONEL-FERRER. Yes, sir.
Maybe what Mucha-Shim wishes to emphasize is something that
can be reflected more specifically in the section on basic rights which
refers to customary rights and the traditions. It is often mistaken that
we are only referring here to the non-Moro IPs when, in fact, when we
talk about customary rights and traditions, that is for all the IPs
because Shariah Law applies to Muslim.
But there is also customary
law among the Tausug, the Sama Dilaut, among the Maguindanao and
so on. So maybe if that is interpreted and given life to by the people
themselves, but in terms of the recognition of that basic right, that is
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something that is upheld here.
If we need to be more specific to
acknowledge the different IPs for all Bangsamoro other than the nonMoro IPs, then the same privileges will apply to them that are given to
the non-Moro IPs. The same protection and benefits will be given to
them.
So again, it is consistent with the tasks laid out in the framework
agreement and also in the Basic Law.
I would like to now move on to another one of our resource
persons, Professor Sajid Ali of the National Economic and Intelligence
Commission of the MNLF. Professor?
Is he here? He is no longer here. He was here.
Now, we will go to the president of the Maharlika Institute of
Technology, Engineer Sambas Hassan. Wala din. Okay.
And so the next one is the president of the Federation of TawiTawi CSOs and NGOs, Dean Magsaysay Werble.
MR. WERBLE.
Thank you, Mr. Chairman.
First, I would like to refer in your Senate draft bill on the

Bangsamoro identity.
The definition of term in this draft, Mr.
Chairman, touches about the time before conquest. Now, if you move
to Section 5, Bangsamoro waters, to my understanding, Mr. Chairman,
does not construe correctly. Because in the definition of Bangsamoro
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people, I suppose this is the art of relation made earlier by Professor

Mucha and I suppose Mrs. Bernardo about the Sulu Sultanate, I am
referring to the rights of the Bangsamoro before conquest. Because in
the definition of Bangsamoro, you recognize the identity of the
Bangsamoro before conquest, therefore, it should also be following the
territorial rights of the Bangsamoro before conquest.
Thats the point that I would like to share, Mr. Chairman.
THE CHAIRMAN (SEN. MARCOS). Is your definition of waters
the definition of what was traditionally considered the waters of then-of now what we have defined as the Bangsamoro people?
MR. WERBLE.
I am referring, Mr. Chairman, to the historical
rights of the Bangsamoro waters. We can trace it in the history of the

Chinese annals wherein the Sulu Sultanate operates its vast territory,
including the North Borneo which today is popularly called Sabah. So
if you note, Mr. Chairman, including the whole of Palawan Seas, that is
being discussed now as part of China. If you go by the Chinese record,
this is the territorial of the Sulu Sultanate.
So I am just enforcing, Mr. Chairman, because of the word
before conquest. So if this means you recognize the people in this
area before conquest, therefore, you should also recognize their
territorial rights.
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THE
CHAIRMAN
(SEN.
superseded us. And some
MARCOS).
of the
Well,
history
has
definitions of sovereignthe
baselines, for example, limit us already to the waters within the

Republic of the Philippines which is, in fact, the dispute with Indonesia,
with China, with other countries. But, again, to include, for example,
Sabah, would be an impractical move simply because we cannot
legislate Sabah for the simple reason, it is under Malaysia.
It is
rightfully the Philippines; it is rightfully under the Sultanate of Sulu.

But the fact is the English passed on the lease to the Republic of Malay
at that time when they created that new country and they passed on
all rights, not the rights of a lessee, but they owe(?) the rights to the
that is why we have still an outstanding claim.
But as a practical
matter, we cannot legislate outside of our territory in any way. So I

think the definition of the Bangsamoro people is for the individuals, the
citizenry who will be considered as indigenous to the Bangsamoro core
territory.
I know that you are trying to extend the concept to not only
people but also waters.
Do I understand that correctly?
MR. WERBLE.
Thats correct, Mr. Chairman.
THE CHAIRMAN (SEN. MARCOS). That you would like for us

to use the same definition of Bangsamoro people and we will say that
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the Bangsamoro waters are those waters which traditionally before the
time of conquest where the waters within which the Bangsamoro
exploited the natural resources. Am I correct, Professor?
MR. WERBLE.
That is correct, Mr. Chairman.

MR. WERBLE.
Can I move forward, Mr. Chairman?
THE CHAIRMAN (SEN. MARCOS). Yes, please do.

MR. WERBLE.
The next issue, Mr. Chairman, the issue of the
Bangsamoro rights is historical. Therefore, since this is historical, we

recognize the coming in of the two groups, which are the MNLF and the
MILF. I am referring, Mr. Chairman, in the finality of this law, these
groups
should
be
harmonized.
believe,
Mr.
Chairman,
the
counterpart, not only the Philippine government, including the OIC, are
also helping along this line.
Mind you, Mr. Chairman, we have the province of Tawi-Tawi,
province of Basilan and all those provinces created which we have
governor now, congressman representation.
This is the work of the
MNLF before which they are together with the MILF. It so happened,
Mr. Chairman, they are divided now.
Now, if we have a law, Mr. Chairman, disenfranchising these
groups who are holding guns, what peace can guarantee to the
institutions that government should be putting?
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So
therefore,
Mr.
Chairman,
this
representation
would
recommend that the armed groups should sit together in support,

[power interruption] Mr. Chairman.
THE CHAIRMAN (SEN. MARCOS). Thank you, Dean /jmb
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Thank you, Dean.
The idea that the MNLF and the MILF be united at least to
present a united front when it comes to these negotiations has been
noted before.
But it is not up to the national government or the
Bangsamoro government to make that determination. It will have to

be the individual organizations deciding for themselves that they would
like to, again, present a united front, not necessarily join forces, not
necessarily come into one.
But when negotiating something like the
Bangsamoro Basic Law, that they should speak with one voice.
Certainly, that would make things more comprehensive and more
understandable. But I do not know if we can legislate that.
Maybe Usec Lorena has some suggestions.
MR. LORENA. This is just for the information of the body. The
OIC, Secretary General has sent Ambassador Al Masri to the
Philippines last month to broker a discussion between the MNLF and
MILF. On Novermber 12 to 14, they will again meet in Manila. In fact,
the OIC representative, Ambassador Al Masri, arrived yesterday with
the director for the minorities of the OIC. And as we speak, they are
now in New World to discuss the possibility of a united front with
respect to the Bangsamoro Basic Law.
Because the OIC has
recognized the 1996 Final Peace Agreement as part of the process of

coming out in search for a just and lasting comprehensive solution to
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2
the problem of the Bangsamoro in the South. So there are efforts now
being done by the OIC, Secretary General. And in addition, the MNLF
representatives have been called by Malaysia to meetings particularly
to see the issues that can be integrated as recommendation to the
House and the Senate in order to incorporate the legislative agenda of
the MNLF.
In fact, in the last meeting, they have come out already
with an agreed term of reference with respect to the coordinating

mechanism. This is within the ambit of the Bangsamoro coordinating
forum mandated by the Organization of Islamic Conference in their last
June 12 ICFM or Islamic Conference of Foreign Ministers.
So as we
speak, there are efforts to bring them together in order to have a

comprehensive front for the passage of the Bangsamoro Basic Law.
THE CHAIRMAN (SEN. MARCOS). Thank you, Usec.
Essentially, informally these efforts are already being made for
the two groups to, at least, come to find a common ground especially
with their shared interest in the establishment of the Bangsamoro
government.
So, again, what all we can do is the republic, the
government can provide moral suasion to the different organizations so

that they can come together and, as I said, have a unified position
when it comes to these issues that we are facing.
MR. WERBLE.
I have still one point to raise about plebiscite,
Mr. Chairman, if you will allow me.

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3
THE CHAIRMAN (SEN. MARCOS). Go ahead.

MR. WERBLE.
In the prepared BBL, if you note, after the
approval, there should be a plebiscite.
This representation, Mr.
Chairman, suggests that plebiscite should be taken after the term,

should be matured.
In other words, this is a way for the whole
Bangsamoro to assist if the BBL delivered to its mandate. We have a

case in point, Mr. Chairman, a comparison of that.
I hope you are
familiar of the autonomy what was done by your late father, the two
regions of Regions IX and XII and the two legislative and the executive
body that is there and the area of autonomy in conformity with the
Tripoli Agreement, Mr. Chairman. Study shows, Mr. Chairman, that in
terms of territory, in terms of political will and management of those
leaders in this area, your late father is better off than the present,
succeeding from Cory Aquino down the line.
Why, Mr. Chairman?
Because migrant communities which supposedly, are a part of the

territory of the Bangsamoro, are now hesitant to join and appreciate
the rights of the Bangsamoro because of the 1987 Constitution which,
in the time of your father, everybody is listening especially Zamboanga
City, Iligan City and the Zamboanga Peninsula. Today, Mr. Chairman,
these majority migrants are already hesitant to join.
Now, my idea,
Mr. Chairman, this representations idea, if the BBL--who will run the
BBL, well and good, then those areas that maybe ancestrally owned by
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4
the Bangsamoro will think twice to join. Because what is the basis, Mr.
Chairman, of immediately having plebiscite and we have a bad history,
Mr. Chairman?
To be specific, Mr. Chairman, prior to this kind of
arrangement, our educational system in the area of ARMM, Mr.

Chairman, is at par with the national.
Now, if you look in the
landscape of this republic, the worst is in the ARMM.
In the same
manner, Mr. Chairman, ARMM registered as the cheating capital in

terms of election, Mr. Chairman, which was not done before. So we
have many concrete evidences, Mr. Chairman, that there should be a
hard work for those people who will man the BBL to show to the
people, especially in the ARMM and the republic at large, that their
work is worth appreciating and there should be an autonomy for this
kind of people.
Thats my idea, Mr. Chairman.
THE CHAIRMAN (SEN. MARCOS). As I am hearing you, what
you are suggesting is to give the people a sufficient time to judge the
performance of the transitional assembly as to whether or not they will
want to conduct the plebiscite and want to join the Bangsamoro.
MR. WERBLE. That is correct, Mr. Chairman.
totally unreasonable idea.
Very well.
That is not
But I do not know if it is constitutionally
allowed. But again, we cannot impose a system of government on a

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5
group, on a community that they have not determined they would like
to be part of. Then we have to get their agreement first that they be
governed by this new government before we can organize that
government and that they can begin their work of governance. I think
what you are suggesting is that we must give a motivation and an
impetus to our transitional government to do a good job so that people
will want to join the Bangsamoro. Again, I think that function can be
also served by a regular election. Because a regular election, again, is
a judgment of the people as to whether or not their elected officials
have done a good job. Iyon lamang, hindi masusundan iyong inyong
schedule. Kailangan nating sumunod doon sa schedule ng ating mga
election. But I am confident that the transitional authorities are aware
of how difficult the job is before us.
And how they are going to be
viewed by their constituencies will be an important part of the

motivation that they will carry with them to do their work/alicc
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to do their work. I think
that they are motivated enough, they have worked over many decades
for this result.
And I think in our choice of people, we can have
confidence.
But, again, that is not something that will disappear. There will
be elections and those elections will be the test, and that is when we
go back to the people and we ask, Have we done a good job or not?
All of us who are in elected positions go through the same process.
But I think we should just ask the transitional authorities to take note
that pagbutihan nila iyong kanilang trabaho at silay binabantayan
nang husto ng taongbayan.
Thank you, Dean Werble.
Id like to move on to the next resource person. The principal of
the Notre Dame High School, Sister Diana Gillesania.
Would you
provide Sister Gillesania with a microphone, please?

MS. GILLESANIA. Good afternoon.
My sentiments, our sentiment will be the same sentiment as
given by Mrs. Mary Anne Abdulmunap.
So we are together in the
group.
I see.
So the position
paper as presented earlier is the same as that you have adopted?

MS. GILLESANIA. Yes, Your Honor.
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Well, I think you will agree
that it is the position paper that set off most of the discussions that we
have had today. So I hope that you are satisfied with how we have
tried to answer all the questions concerning that.
Well, if that is the case, then I would like to move on to
Professor Abduljim Hassan, professor on Sama Studies of the MSU.
Professor, if you would like to take the floor, please?
MR. HASSAN. Good afternoon, Mr. Chairman.
Thank you for
this opportunity to present some concerns, views about BBL.

Actually, I got two concerns.
But before Ill go to the two
concerns, Id like to add up to Mucha-Shim Quilings presentation

about what can the BBL do with respect to the nomadic life of the
Sama Dilaut.
I think one particular area that we can do to enhance
the power or to define an enhanced power within the BBL is for us to

go to a certain level of functions that the Bangsamoro entity may be
able to exercise with respect to foreign affairs by way of allowing the
Sama Dilaut to move from Malaysia to Tawi-Tawi, for example, without
the need for them of an international passport.
That they just can
move in and can move out anytime.

If that can be arranged by the Bangsamoro entity, I think that is
a manifestation on how best we understand the exercise of the cultural
rights of the different indigenous people in this country.
And,
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perhaps, we should be able to serve as a model to the other

communities in many parts of Mindanao and even Luzon on how best
are we able to address the cultural rights of the different cultural
communities. It may not just be part of those many rights that we are
supposed to enjoy but an enabling environment should be provided.
And this can only be done by an exercise of certain power by certain
political entities such as the Bangsamoro entity. And I think theres
nothing wrong with that.
If the Bangsamoro entity will be provided
with a certain level of power to exercise functions in the foreign affairs,

I think the national government would not feel bad about it especially
when it gets in to the Bangsamoro Basic Law.
My second concern, Mr. Chairman, is the concern of the
redistricting in Tawi-Tawi. And we are thinking of serving you our
petition and together with that would be our suggestion on how best
we can organize ourselves into that redistricts so that it would be very
practical for every one of us here in Tawi-Tawi. So shortly, we will be
providing you with our position paper on this.
Do you have ajust a
quick, maybe, conceptual overview of how you think it should be

approached, the definition of the parliamentary districts?
MR. HASSAN. Well, Mr. Chairman, for the first district, we would
like Bongao, Panglima Sugala and Simunul to comprise District 1.
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We also propose that District 2 will be comprised by the following

municipalities:
one is Mapun, Turtle Islands, Sibutu and Sitangkai.
Mr. Chairman, for your information, the municipalities in District 2 are

municipalities that are directly facing Sabah, Malaysia.
And they
should be able to pursue an advocacy for them to be able to enhance

trade and commercial relations directly with Malaysia. In fact, many of
the communities here in the four municipalities have two currencies:
one is the Malaysian ringgit and the other one is the Philippine peso.
So you just could imagine how close these communities are to
Sabah, Malaysia. And that is a very important consideration if we go
into this districting because they have specific advocacy to perform in
the parliament. They should be able to pursue an enhanced trade and
economic relations with our neighbors.
District 3 would comprise the following: one is the municipality
of Sapa-Sapa; the other one, Tandubas; third, Languyan; and fourth,
South Ubian.
And in our position paper, we will be justifying why these areas
will have to be in this particular district--District 2, District 3. We will
submit to you shortly on that.
Thank you. We will take
note of these organizational suggestions. And I think the districts, as
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you have proposed that they be defined, are specific to Tawi-Tawi and
therefore there are very specific reasons.
But I think to guide also our work,
we are open to any
suggestions as to what kind of formula to apply to other places.

Perhaps, what you have applied here in Tawi-Tawi might also be
relevant for other places where if you would include that in the
memorandum or the position paper or in the paper that you will
provide the Committee, we can certainly make use of that suggestion.
MR. HASSAN. Okay. Thank you, Mr. Chairman.
Let me go to my third and final concern. Let me read, Certain
provisions in the Bangsamoro Basic Law that will affect the Mindanao
state universities and colleges in the Bangsamoro area. Key provisions
in the Bangsamoro Basic Law affecting the state universities and
colleges, Item K, Section 4, on other exclusive powers of the
Bangsamoro.
It says, To be represented in the board of the state
universities and colleges in the Bangsamoro by the chair of the

appropriate committee of the Bangsamoro parliament, either as cochair or co-vice chair, the SUCs within the Bangsamoro shall be
considered part of the
Bangsamoro
educational system.
This
notwithstanding, these SUCs shall enjoy academic freedom/jtbc
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MR. HASSAN.
shall enjoy academic freedom and fiscal
autonomy and shall continue to be governed by their respective

charters.
The implications of the above provisionThe said provision
devolved to the Bangsamoro all SUCs located in areas covered in the
BBL.
Education and skills training, item 18 under Section 3, is an
exclusive power by the Bangsamoro and to be part of the Bangsamoro

educational system, these SUCs must be under its supervision and
control.
The last sentence in item K, Section 4, which states, SUCs shall
enjoy academic freedom and fiscal autonomy and shall be governed by
their respective charters does not categorically exempt those SUCs
from being devolved to the Bangsamoro once the BBL is approved.
Fiscal autonomy in the same line may not suggest financial
independence since all SUCs are dependent on the annual budget
given by the national government.
In the case of the BBL,
appropriations for SUCs will surely be from the Bangsamoro since

budgeting is also an exclusive power of the Bangsamoro, Item 12,
Section 3. The central government will continue to finance only those
offices and agencies which are within the reserved powers of the
central government.
Section 13, third paragraph, Government
functions falling within the reserved powers of the government in the

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Bangsamoro
shall
continue
to
be
financed
by
the
national
government.
Our prayer is to exempt the Mindanao State University System
from being devolved to the Bangsamoro due to the following reasons:
1) the Mindanao State University System is a multi-campus university
with some of its units located in provinces and cities not covered by
the BBL.
The MSU System being a supra-regional university, have
campuses in the areas covered by the current ARMM, Region IX,

Region X, and Region XI; 2) the MSU System has already gained
national recognition, being one of the 12 leading SUCs in the
Philippines.
It is one of the two SUCs in the whole country whose
board is chaired by the CHED commissioner herself, the other one is

UP; 3) the inclusion of MSU to the Bangsamoro would weaken the
system since most of the campuses will surely secedeexample, the
Iligan Institute of Technology, the Naawan, General Santos and Buug
campusesonce its control and supervision will be devolved to the
Bangsamoro. Congressman Romulo has sponsored a bill in Congress
strengthening the MSU System and transforming the same into a
peace university.
Advantages and gains of the Bangsamoro and the national
government if MSU System remains in the supervision and control of
the national government: 1) the MSU System can effectively function
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as a peace university fostering harmony and understanding between

the Bangsamoro and non-Bangsamoro peoples into the university
educational system which are designed to inculcate a culture of peace
and harmony between different cultures and religion; Second, the
Mindanao State University System could serve as go-between the
central government and the Bangsamoro for continuous dialogue
aimed
towards
sustaining
of
peace
and
development
in
the
Bangsamoro land without suspicion of being biased by either parties or

groups; and third, budget for MSU System from the national
government will be for the Bangsamoro youth, hence could be
construed as an add-on financial support from the central government
aside from those which are already specified in the BBL giving more
financial benefits to the Bangsamoro people.
Thank you, Professor
Hassan, for your suggestions.

The question of the SUCs and the educational system within the
Bangsamoro has come up before, and in fact it came up in our very
first meeting.
Again, how the handling of such institutions such as
MSU which fall within and without the Bangsamoro territory as defined
in the Bangsamoro Basic Law, that has not really been clear up to now,
how that will be handled.
Because there is also the question of

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curriculum because there are additions to the curriculum on the

schools
and
universities
within
the
Bangsamoro
territory
as
differentiated from the standard CHED curriculum.

So I could hear from either Professor Ferrer or the Transition
Commission.
Professor, if you would, please.
MS. CORONEL-FERRER. Yes, sir. Marami pong salamat doon
sa mga katanungan kaugnay nito at saka iyong isa pa, iyong tungkol
po doon sa iyong una pong punto noong ating resource person.
First of all, hindi po devolved. Devolved is not the appropriate
term to use as far as the SUCs are concerned.
Maybe integrated
would more aptly apply kapag sinabi dito, shall be considered part of
the educational system.
Ibig sabihin, i-integrate po maari iyong
direction, iyong vision, iyong programs doon sa kabuuang development

plan ng Bangsamoro but we know these are all corporate entities.
Lahat po sila may sarili silang structure, they are governed by their
own laws, so the laws in themselves have not been amended.
The
only amendment being introduced here is the seat for the Bangsamoro
government in the board. But otherwise, kung ano po iyong batas na
nag-go-govern ngayon dito sa mga SUCs na ito, iyon pa rin po ang
magpi-prevail. And especially po for MSU, precisely because you have
pointed out it is not only within the prospective Bangsamoro core
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territory.
Ang sentence po natin dito, the SUCs within the
Bangsamoro shall be considered part of the Bangsamoro educational

system. The fact that the MSU campuses are spread out in different
regions imply that this sentence will not apply to them. But there is no
reason why some of the programs of the MSU campuses that are inside
the Bangsamoro can be geared towards supporting the development
agenda of the Bangsamoro government.
So hindi po devolved. Hindi po dahil mayroon ganitong provision
ay dinivolve (devolve) na iyong management o binalewala na iyong
existing laws that created the different SUCs.
If I understand correctly,
Professor, when we talk of the Bangsamoro educational system, that is

in small letters. That is not an entity that will be created to oversee all
of the educational institutions in Bangsamoro territory, am I correct?
MS. CORONEL-FERRER.
That is right, sir.
But you will note
that ngayon pa lang mayroon nang ARMM-CHED, mayroon nang

ARMM-DepEd which sort of help supervise some of the
THE CHAIRMAN (SEN. MARCOS). It is the direct equivalent of
a regional CHED office, regional DepEd office. So when we talk of the
Bangsamoro educational system, it is really an informal recognition of
those educational institutions that are within the Bangsamoro territory.
It is not a new administrative entity which will take over the functions
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of the CHED and the DepEd in the Bangsamoro. Thats not the case.
Simply, they are considered part of that.
As to the curriculum within, because there are in the other
schools that do not have similar structure as MSU and are strictly
within Bangsamoro territory, there are studies which are going to be
included in those schools and universities, is that correct, Professor?
MS. CORONEL-FERRER.
Some of these are powers already
enjoyed by the SUCs themselves to develop new programs that are

appropriate for their community.
But none of it is imposed
upon them. It is up to them to decide

MS. CORONEL-FERRER. It is up to them.
to include it in their
curriculum or not?
MS. CORONEL-FERRER.
Yes, sir.
Thats on the basis of
academic freedom which we respect very well.

Well, in like fashion, any
university, if there is enough call for a certain subject, then they will
create a department or they will hire instructors/cbg
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THE CHAIRMAN (SEN. MARCOS). they will hire instructors

and teachers to be able to teach that. I think the overarching principle
that is being maintained here is that of academic freedom. In other
words, everyone, anywhere is free to study whatever they want. If the
school does not have that capability and if there is enough demand for
a certain subject, for example, to use another completely unrelated
example, the study of climate change and disaster mitigation, etcetera,
has become more and more popular for obvious reason. So we have
to do better when it comes to this. And these are being adopted by
some schools, especially in the fisherfolk areas, especially in the
coastal areas which are in greatest danger, are the most vulnerable.
Their people would like to know and begin to study what kind of
measures they can take. And, again, if there is enough demand, the
schools institute a course of study, whether with their present
professors or they will hire in or they will outsource as it where that
area of teaching.
And I think the professors clarified the idea of devolution, but
this function is not devolved. As in fact, something like healthcare and
agri are devolved to other local government units.
MS. CORONEL-FERRER. If I may add, Your Honor, because its
precisely not devolved, the funding will not be devolved as well. And if
it will not be funded by the 4 percent of the 60 percent block grant,
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MSU will have to negotiate its budget every year with the national
Congress, and the same with the other SUCs.
Pero iyon pong public school system, iyon po kasi iyong mas nadevolve na.
So iba po iyong system doon sa tertiary education,
especially with reference to SUCs. But, otherwise, for the public school
system, naka-devolve na po siya sa ARMM sa ngayon.
Pero papaano natin masisigurado na pareho iyong standards?
Iyan naman po ay through the proper coordination between the
national DepEd and the Bangsamoro DepEd.
Just remember po na
iyong graduates po ng Bangsamoro, iyong iba diyan gusto ring magaral sa universities sa labas ng Bangsamoro. But if they dont have the
necessary requirements to enter other universities, sila po iyong madidisadvantaged.
So there are natural checks and balance mechanisms to ensure
that the Bangsamoro public school system will not deviate so much
from the national public school system.
THE CHAIRMAN (SEN. MARCOS). So, Professor, you can rest
assured that the academic freedom that you enjoy now will continue. I
think that is an elegant solution to this new organization that we are
trying to put together.
MR. HASSAN. Thank you, Mr. Chairman.
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I would like now to go the director of the CSC in Tawi-Tawi, Mr.

Sastri Buddin, for their position on the BBL.
Your organization has
been very prominent in the discussions of the BBL and it would be very
useful to hear from you, Mr. Buddin, as to what you and your
membership have in mind as to the BBL.
Mr. Buddin, you have the floor.
MR. BUDDIN.
Thank you very much, Mr. Chairman.
Audhu Billahi Minash-Shaytanir-Rajeem.
Bismillahir Ramanir
Raheem. Assalamu Alaikum Wa Rahmatullahi Wa Barakatuh.

And a pleasant good afternoon to each and everyone.
Actually, we are very happy that the Chairman on the Committee
on Local Government is with us today to conduct public hearing on
Senate Bill 2408, which is the Bangsamoro Basic Law.
Actually, the CSC as we know is the agency of
government
which is tasked to do or to improve human resource and organizational

development because we are going to promote morale, efficiency and
integrity in the bureaucracy. In fact, our vision today is we would like
the CSC or the Civil Service Commission to be the leading center for
excellence for strategic HR and OD by 2030.
So this is actually an
ambitious vision under the chairmanship of Honorable Francisco T.

Duque.
But Duque, I think, will expire his term by February, and I
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hope that the vision of becoming Asias leading center for excellence
will be sustained.
And actually, it was already made mention by Professor Ferrer,
many government personnel are going to our office telling about their
apprehension with regard to their status as soon as the Bangsamoro
Basic Law will be enacted because they have the apprehension that
there will be layoff, there will be termination, there will be separation
from government service.
But I believe Republic Act 6656, which was mentioned by
Professor Ferrer, will be the answer to the problems of our government
employees. I am talking about the reorganization. In the event there
will be layoff or termination, we follow the provision of this Republic
Act 6656 or the Reorganization Law. In other words, when we have
this Basic Law enacted, there will be structural changes. But as far as
we are concerned, we maintain that the merit and fitness principle will
be...
In fact, I am very happy to see that in Article V of this draft law,
we have the powers of government, particularly Section 2, Concurrent
Powers, The Bangsamoro government shall develop and administer a
professional civil service corps, to include the power and privileges on
civil service matters provided under Republic Act No. 9054 and without
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prejudice to the power, authority and duty of the national Civil Service
Commission.
In other words, I believe when the Civil Service Code will be
passed I believe the CSC that will be created will be parallel, will
complement the Civil Service... Because we are always emphasizing
we talk about the principle of merit and fitness.
In fact, it is also
mentioned here, protects civil service eligibles in various government

positions
including
the
To
include
the
four
sectors
of
the
government: the national line agencies, the local government units, as

well as the state universities and colleges and the government-owned
and controlled corporations.
So our stand, of course, we will be supportive of this initiative.
And we always support also, as I said, the merit and fitness principle
as mandated by the Civil Service Commission.
So thank you very much.
Thank you for that very
supportive position, Mr. Buddin, from the CSC, Tawi-Tawi.

I would like to move on now to another position paper that the
Committee is in receipt of, it is specifically from the Supreme Student
Council of the MSU. And the position paper has been signed, has been
submitted by Aljemedin S. Jaudinez, who is the SSC president MSU
Tawi-Tawi.
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Mr. Jaudinez, if you would take the floor, please.

MR. JAUDINEZ.
First and foremost, thank you so much, Mr.
Chairman, the Honorable Senator.

In the name of Allah, the most gracious, the most merciful.
Honorable Senator Ferdinand R. Marcos Jr. and party, the
members of the Committees on Local Government and Peace,
Unification and Reconciliation, officials of the provincial and local
government headed by Honorable Nurbert Sahali and the Lone District
representative /jmb
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1
MR. JAUDINEZ.
Lone District representative, Honorable
Congresswoman Hadja Ruby M. Sahali, our chancellor at MSU TawiTawi, Atty. Lorenzo R. Reyes, youth of Tawi-Tawi, other distinguished
personalities, Assalamu Alaikum Wa Rahmatullahi Taala Wa Barakatuh.
Upon the request of the said Committees, and in view of the
Senate Bill No. 2408, this is to provide in behalf of my fellows our
position to wit, although not able to course submission on this paper
earlier due to miscellaneous problem. The main concern of my fellow
youth as a general observation in the BBL is that there are no explicit
provisions for our participation or representation in the legislative
power to hear the voice of the youth concerning our issues and
concerns although we have right to be guaranteed by the new political
entity for religious and tribal organizations only.
In contrary, being students in the tertiary level, it is a life-size
challenge for our parents to make money the most just to let us pay
our tuition and step in college.
Though we dont benchmark nor
compare our educational system to other progressive countries, we

implore with the coming of the new political entity, as they termed, a
substate within a state to look into the needs in the academic
institution from elementary to college.
While it is true that ARMM
belongs to the regions with low economic margin in the country, it is
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indispensable thus to remedy this antique social dilemma with priority

on basic and higher education.
Just last year, MSU TCTO is one of the top 10 state university
colleges
with
high
budget
cut
throughout
the
Philippines.
Accordingly, the central government aims for its college to be a selfsufficient one that can generate income for a help in its operation. And
we cant blame as to why this has become a rationale by public schools
like our campus to increase our tuition fee. Then, allow me to share
you this:
as student leaders bringing the name Supreme Student
Council with the allies of the Unified Successors for Change of TawiTawi or USC and the official publication of our campus which is the
Kawasa and the Kabataan Party-List petition to the central government
in the form of symbolic rallies and signature campaign to manifest our
strike against the budget cut, fortunately, the cut was not that big than
the original thereafter. We initiated such a noble act as we consider
because we cant afford to pay the fees to skyrocket since our parents
in the island make a living out of the marine resources from our
municipality. Some are fishing while others are farming. Yes, these
are the common sources of income in the municipalities of our peaceful
province. We wanted the government then to give an ample time for
our region to improve its economy before they can implement such
budget cut where our campus belongs to.
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Now, we fervently pray that if ever the Bangsamoro be given the

mandate to take a foot in place of ARMM bureaucracy, education
should be given the due and utmost concern. Therefore, we implore
for a higher budget and an immediate response towards a quality
education with regard to classroom facilities and globally competitive
instruction.
On the other hand, offer more scholarship grants
especially to the poor but deserving students as well as to provide

vocational opportunities to the out-of-school youth since it is believed
that education is for all and more importantly the key to success
thereby BBL
guarantees right
to
free
public education in
the
elementary and high school and further supported by Sections 13 and

14 of the basic rights article of this Senate bill.
And finally, it is helpful if there is a clear orientation of what
really this so-called BBL is, to avoid misinterpretations since a number
of conflicting ideas as to whether this political entity a boon or bane
aired in the community.
So we hope the students who are listening
today will peruse
and objectively see through with this Senate bill
because
looking
we
are
forward
to
brighter
horizon
with
Bangsamoro, not a 100 percent assurance but political governance

towards peace and prosperity.
So, my dear fellows, this is your right and something that affects
you interminably so long you are in the jurisdiction of Bangsamoro.
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Hence, the youth are expected to participate in the coming plebiscite

bringing with you your principle towards Bangsamoro.
Wa billahi Tawfiq Wal Hidaya, Wa Rahmatullahi Taala Wa
Barakatuh.
THE CHAIRMAN (SEN. MARCOS). Thank you, Mr. Jaudinez.
First of all, there are two points that you make in your position
as you have put into the record today. One is your opposition to any
budget
cuts
to
the
SUCs.
am
reliably
informed
by
our
Congresswoman that in the budget for 2015, there are no budget cuts.
If you will remember, there was a proposed budget cut in 2012, I
believe, but that was not approved.
What was removed from the
budget was not the budgets of the schools.
But what was removed
were the insertions that were made in the different entities around the
country.
I would like also, however, to address the other issue that you
have brought up, and that is the issue of youth representation. I think
it is an important one.
It is also very current one because we are
presently in the process of reorganizing what we have come to call the

Katipunan ng mga Kabataan which is inclusive of the Sangguniang
Kabataan, which is the reorganizational plan for the youth movement
of the Philippines.
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5
So I would like to ask again any of the members of the

commission or the OPAPP panel, because in the parliament, as it has
been
envisioned,
representatives.
there
are
what
used
to
be
called
sectoral
Do we have a youth sector representative in the
Bangsamoro parliament?
Are there reserved seats for the youth
representatives as you have envisioned it?

MR. KINOC.
As of the moment, there is none in the
Bangsamoro Basic Law. But I dont think we have the power to clip
the power of Congress to insert that in the final version of the law.
Because I believe that that is very important also.
Im glad Atty. Kinoc has
agreed with me because it would also be inconsistent with the system

that
we
are
proposing
right
now
for
youth
representation
government especially starting at the barangay level.
in
Now, how we
are going to operationalize such a representation in the ministerial

government that is being proposed for Bangsamoro will have to be left
to you. But again, Im glad to hear that you agree with us that youth
representation is extremely important.
I do not know the specific
demographics in the proposed Bangsamoro territory. But I think it is a

useful piece of information that in the Republic of the Philippines, the
largest demographic group is the youth.
Any government would not
be properly representative if we do not give the youth a voice. And I

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6
hope that what I consider to be very valid and important point that has
been raised here as to youth representation is noted and it will be
included in the final composition of the Bangsamoro parliament.
MR. KINOC. Your Honor, I am not in the position to apologize
for the BTC but I think they have forgotten that they were once upon a
time young people.
THE CHAIRMAN (SEN. MARCOS). I agree. Again, we will try
to make sure/alicc
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we will try to make sure
thatI think it can be handled, again, like a sectoral representative.
dont think it will present any great difficulties in terms of structure.

But, again, it should be noted and, perhaps, be included already in the
law that we will include as one of the so-called reserved seats will be
for that sector, that is the youth sector.
VOICE. Mr. Chair.
THE CHAIRMAN (SEN. MARCOS). Let us hear from Attorney
Ali first, and then we will come to you
MR. ALI. Thank you, Mr. Chairman.
During
the
deliberation
of
the
Bangsamoro
Transition
Commission, particularly in this provision, several commissioners from

the BTC had mentioned the youth representation and we considered it
as part of the sectoral representatives. Because there are some issues
to be considered such as the number of the seats, the number of the
reserved seats, the district representative and the proportional
representative particularly on the first Bangsamoro government,
mayroon po kaming kinukonsidera doon. But kapag tiningnan po natin
ang record ng Bangsamoro transition deliberation, several times po
nasabi doon ang youth representatives.
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Thank you. Attorney
Julkipli, do you have something to add on--?

MR. JULKIPLI.
Mr. Chair, we just want also to direct the
attention of the body to a particular provision in our proposed law on

reserved seats.
And the language there actually, Mr. Chair, already
provides an opening for the proposal to articulate and specify

involvement
Where is that contained,
Attorney?
MR. JULKIPLI.
That is Section 5 of Article VII, on the
Bangsamoro government,
particularly subparagraph 3 on reserved
seats, Mr. Chair.

MR. JULKIPLI.
Again.
Because the language, sir, is including and
therefore the enumeration is actually open, Mr. Chair.
Thats the
opening that we can

Yes.
Thats in fact that
you are allowed to do that because it is specifically a sector that needs

to be represented.
MR. JULKIPLI. Yes. And also, Mr. Chair, there is actually here
a provision for party representation. And I think its high time that we
encourage the Bangsamoro youth to form a party like the Kabataan
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Partylist, that is a youth constituency. And therefore, they can even,

as party list, also get adequate representation through the party list
system in the Bangsamoro parliament.
So, Mr. Jaudinez, both
panels are encouraging you to enter politics and to form a youtha

party which will represent the youth and who will be vying for sectoral
representation in the Bangsamoro parliament.
I am gratified to note that all here are agreed with us that it is
important to have the youth sectoral representative.
There is a question from the floor, from Datu Baktial Dacula
Jukarrnairl(?), who is representing the retired government employees.
Datu, if you would like to explain to us the point that you would
like to raise.
MR. JUKARRNAIRL. Good afternoon, Senator Marcos.
Good
afternoon, sir.
Undeniably, the struggle of the Bangsamoro and why we are
here this afternoon is because we want to attain genuine peace in
Mindanao. Theres even a saying, maski kulang sa pagkain, as long as
we have that freedom from fear. Under the Bangsamoro governance,
we pray that we can attain this genuine peace.
Because historically speaking, since the time of Spanish regime,
for 300 years Spain used diplomacy and military might they failed to
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install peace in the Mindanao. Then came American, the same; then
came Japanese occupation, the same.
The nations that I mentioned, sir, are superpowers. But in spite
of their being mighty in military, they failed to install peace. What is
the secret of our brother Bangsamoro wherein genuine peace can be
attained?
to repeat your question.
Im sorry.
You will have
Hindi namin masyadong marinig, mahina
yata iyong mikropono.

MR. JUKARRNAIRL.
At least, if we have that peaceful
environment in Mindanao, that we can roam around Mindanao without

fear of being arrested or kidnapped.
Can I have a comment, either of you, sir?
Im sorry.
The sound
system will not

MR. JUKARRNAIRL. Because, sir, without this peace, we will
keep on going on this kind of seminar. Talagang ang goal natin is to
install peace.
Kapag walang peace--if we have that peaceful
environment, development will follow suit smoothly.
But without
peace-- for 20 years, we kept on talking like this.

Thank you.
VOICE. Puwede paki-ulit niyo.
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MR. JUKARRNAIRL. Ang gusto kong malaman, as I said, kung

itong mga superpowers failed in spite of diplomacy and military might
they used, ano kaya ang secret ng Bangsamoro na ma-attain natin
itong genuine peace sa Mindanao? Na, at least, iyan ang pangarap ng
lahat, na magkaroon tayo ng freedom from being molested, that our
children can roam around without that fear of being kidnapped or
being molested.
Thank you.
Well, this can be seen in
the form of a negotiated settlement. And a negotiated settlement is

the
recognition
conflicting sides.
of
common
grounds
from
different,
sometimes
So hopefully, that is precisely the process that we
are doing here to ensure that that common ground is recognized and is
the basis upon which a new government of self-determination can be
brought to Muslim Mindanao. And that way, the way of the gun will be
disposed of and we will now embark upon a new era where violence is
no longer part of the political language.
So I do not think anyone can claim to have a secret that nobody
else has. But the best that we can do is to say that this is the best
effort of sincere and well-thought out process. And we hope and we all
pray for success of that effort.
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So, again, no guarantees. But if everybody works together and

everybody works hard together, then we will find that success. There
are no certainties in this sort of process.
At this point, I would like to ask Atty. Lorenzo Reyes, the
chancellor of Mindanao State University in Tawi-Tawi, for his position
and comments on the BBL.
MR. REYES. Thank you, sir, for giving me this opportunity to
express my thoughts about the BBL.
Let me take a look at the law for the macro of point of view. I
have here a short observation or recommendation about the BBL. And
with your permission, sir, may I read this position paper?
For a lasting and comprehensive peace in Mindanao, the law
must be inclusive, not discriminatory.
It should be based on justice and not in violation of the equal
protection clause of the Constitution. It should take into account the
struggles led by all the peoples of Mindanao for recognition of
Mindanao as a dignified part of sovereign Philippines.
Notably, the
advocacies and dreams of Kamlon, Udtog Matalam, Reuben Canoy

which culminated in the 1975 Tripoli Agreement, the
1986 Saudi
Accord and the 1996 Jakarta Peace Agreement.
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In whatever form the proposed law will take shape, be it the

Malaysian, be it the Switzerland, be it the U.S., Canada or UK-Ireland,
UK-Wales or UK-Scotland/jtbc
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MR. REYES.
or UK-Scotland or the French model, no one in
the special territory will lord it over the rest of the population. Only
the God-given mental and emotional talent should give sway in
intelligently
building
pluralistic,
multi-cultural,
multi-religious,
tolerant, caring, non-discriminatory and loving Mindanao, just like

what we have here in Tawi-Tawi.
Let me introduce to you, sir, myself. I am an embodiment of
what peace means. I am a product of a multi-cultural, multi-religious
marriage.
I have grandmothers who are Tausug, who are Sama; I
have grandfathers who are Banguingui, and descendants of Isabelo

Delos Reyes, Santa Maria, Ilocos Sur.
Just like the Honorable
Congresswoman Ruby Sahali, the Honorable Governor Nurbert Sahali,

we are products of mixed marriages. That is what peace means here.
Here in Tawi-Tawi, what matters most is not your religious faith, is not
your religious belief.
What matters most is your talent.
magaling ka, magaling ka talaga.
Kung
So whether youre a Christian,
whether youre a Muslim, whether Jews, kung magaling ka, iyon lang
ang batayan. Because if ang batayan natin is our belief in God, well,
that is the position of an incompetent. dito lang talaga.
So my message to our brothers here is since you said, and Im
happy that you said that, that Bangsamoro does not mean only for
Muslims, that Bangsamoro also is for the non-Muslims including the
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settlers, and in spite of that assurance, some of us are still sensitive

about the word, Bangsamoro.
Question, would it be okay on your part if another term will be
used?rather than Bangsamoro, maybe Bangsa-Mindanao.
Thats
food for thought. Thats food for thought.

Thank you, sir.
MR. REYES. Another point, sir. Another point. I forgot.
From the point of view of an academician, I was taking a look at
the definition of Bangsamoro identity. Bangsamoro people, Section
1, Article II, it states here, Those who at the time of conquest and
colonizationI brought here the book of Dr. Cesar Majul, the history
of Muslims in the Philippines, and Im teaching this at the university
together with the books of Peter Gowing and Salib Najib, and all of
them are one in saying that Islam came herein fact we have the
oldest mosque here in the country; 1380. In other words, before they
came here, what are we here? Wala tayong religion, hindi ba?
IP. Yeah. IP maybe, yes. In other words, there are two kinds of
conquest hereconquest done by the West led by Magellan in 1521,
and conquest led by the East, through the Muslim missionaries.
So
what conquest are we talking about here? Saan ba ang batayan, 12th
century, 11th century or 16th century? I think that should be clarified.
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That should be clarified kasi dalawang conquest nga, led by Sheik

Makdum, led by Shariff Kabungsuan, led by Sultan Kudarat.
Not a
conquest by violence, but conquest through trade relations, conquest

through our faith, the missionaries. So dalawa ang conquest dito, our
brothers.
Thank you po.
I think on your second question first, I think the word
colonization is the key to the definition of conquest and colonization.
Because when colonization occurred, I think what we are referring to is
the Spanish time, the arrival of Ferdinand Magellan to the Philippines
and the imperial colonization of the Philippines by the then Spanish
empire. So I would defer also to any of the other members but in my
view, that is what is being referred to. Its the Spanish colonization of
the Philippines.
So, Attorney Ali, maybe you can add something.
MR. ALI.
I agree with the observation of the Attorney-
Chancellor but I would like to speak on the inclusivity of the

The Bangsamoro Basic Law is inclusive, okay. Why? In political
setup, in every parliamentary district, under the BBL nakalagay po
diyan, in every 100,000 inhabitants, they are represented in the
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parliamentary district.
Mayroon dapat silang representative sa
Bangsamoro parliament.
Now, what happened?
In the case of Cotabato City, we have
almost 300,000 population.
Sa Cotabato City marami pong mga
Christian communities doon.
If they were able to form 100,000
communities consisting of adjacent, contiguous barangays, mayroon

na silang siguradong representative sa Bangsamoro parliament.
So
ibig sabihin kapag may munisipyo, tatlo, IPs, like in the case of Upi,
South Upi and Datu Blah Sinsuat, tatlong munisipyo iyon na majority
doon IPs, IPs-Christian, and more than 100,000 sila doon. Sigurado sa
district representative ay mayroon na silang representative doon sa
Bangsamoro parliament.
Ang ibig ko pong sabihin dito, pag may communities na mayroon
silang population of 100,00, siguradong may representative na sila sa
district parliamentary representative.
Iyan po ay wala sa existing
ARMM ngayon. Iyon po ang hinahanapan natin ng solusyon. Iyan po

kasi ang outcry ng ating mga minorities.
Bangsamoro Basic Law ay problem solving.
Tandaan po natin, ang

Nag-observe po ang
government of the Philippines and the MILF ano iyong mga problema
nating nakikita natin dito sa existing ARMM. Ang isa po doon sa mga
problema ay representation.
Kapag tinignan po natin ang R and A
ngayon, wala pong representative ang Christian settlers, wala pong

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representative ang IPs. Paano po ginawa sa Bangsamoro Basic Law na

magkaroon sila ng representative?
Iyon po ang nakikita namin na
100,000 population siguradong mayroon na silang representative doon

sa Bangsamoro parliament in addition doon sa two reserved seats, in
addition doon sa proportional representation. Kung i-picture po natin
sa Moro parliament, halu-halo po iyan. May Christians diyan, may IPs
diyan, may Bangsamoro diyan. Hindi po ba inclusive iyon? Iyan ang
napo-foresee namin dito sa Bangsamoro transition. Pag na-implement
ito sigurado po lahat po ng sectors within the Bangsamoro ay may
representative.
Alam niyo po naobserbahan ko po dito lahat ng pag-uusap
minsan ang lahat ng katanungan nandiyan din po sa Bangsamoro Basic
Law.
Basahin lang po natin in detail, makikita po natin ang sagot
diyan.
Huwag po tayo basta-basta maniwala sa mga nagsasabi,
nagbubulong sa atin ng mga agam-agam. Basahin po nating personal

iyan kasi nandiyan po ang kasagutan.
THE CHAIRMAN (SEN. MARCOS). Thank you, Attorney.
As to the first question raised by the Chancellor, its something
that keeps coming up, the word Bangsamoro.
How is it that we
came to use the word Moro, when the first time it was used by the
Spanish, it was to connote a second-class citizen. As has been pointed
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out in our other hearings, Moro was not applied only to Muslims.
It
was applied to all native Filipinos. In fact, it was pointed out by one of
our resource persons that the first Moros, as far as the Spanish were
concerned in the Philippines, were the Tagalogs, because they are the
first group/cbg
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they are the first group
that they encountered. So it is not a complimentary term as used by

the Spanish. And I think it has been a lingering question why we have
agreed to use the term Moro when in fact it denotes a less than
equal status in society.
Im sure, Atty. Sakkam, you can perhaps help us with this
question.
MR. SAKKAM.
As far as I could recall, the term Moros was used first in

Mauritania and there was no connotation about religion.
But then it
traversed all the way to North Africa where there it reached Spain,
meaning, religious defiance.
You defy.
then they are called Moors Moros.
So when there is defiance,

And that is the time when it
reached the Philippines when they found the Muslim in the south defied
authoritiesnot to comply with. That is the origin why we are called
Moros.
As far as I know, it
is a
direct translation of the word moor. And moor was applied to darkskinned
peoples,
essentially,
dark-skinned
peoples
who
were
conquered by the Empire, so they are the slave, the second-class

citizens. So we are the moors to the Spanish during the Spanish time
because we were their subjects at that time.
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So even in the places where other populations were called

moors, it was felt, at least in those places, that they do not use the
term for themselves simply because it was one that was introduced to
them to connote a second-class citizen in your own country, so that is
why many have wondered why we have also adopted that terminology.
Yes, Atty. Kinoc.
MR. KINOC. Your Honor, if we trace history, specifically Spain,
Spain was under the Moors for 800 years, and these Moors come from
North Africa, come from Morocco. They just crossed the Mediterranean
and they conquered Spain.
Spaniards.
For 800 years, they enslaved the
They routed the ladies of Spain and they built the most
beautiful palace in the world, the Red Palace of Granada. But if you
will note also history, there is a movie El Cid, this is the movie glorified
by the Spaniards because this was the time that they defeated the
Moors.
Now, to make the story short, Magellan was sent by the king of
Spain to the Philippines.
diverted to the Philippines.
But not the Philippines to Moluccas, he

When they entered ManilaLegazpi in
1565, when they entered Manila, they saw the palisade of Rajah
Soliman of what is now Intramuros. They said, Moros, because they
saw the crescent of Islam. So iyong pagsabi nila ng Moros dahil galit
sila sa Moro.
Galit sila kasi they were enslaved by the Moors.

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Pagdating naman dito sa Pilipinas during the American Government,

tinatawag naman iyong mga Muslim dito sa Mindanao, the only good
Moro is a dead Moro. So that is the, you know, twist of history.
And I think to find an identity that is quite common to Mindanao
because the Americans created the Moro provincefive provinces of
Mindanao, including Davao, Zamboanga and the Sulu Archipelago
wala pang Tawi-Tawias a Moro province. Kaya itong MILF nagkaisa
na lang becauseactually, it is not the MILF that started all these
things, it is the Moro National Liberation Front because the word
MoroMNLF is Moro. Kasi ito naman Moro Islamic Liberation Front
so we get the term na pagkaisahan na lang iyan kaysa sabihin mo,
Bangsa Tausug, Bangsa Tawi-Tawi, Bangsa Maguindanao. We find a
way na iyong parang common sa aming lahat.
Ako I will never aspire to becomehindi ko sasabihin na
Bangsamoro buo, I am a Blaan Bangsamoro.
Thank you. Thank you for
that explanation. We have been wondering about that quite a while.

Former Governor Sahali has something in this subject as close to
his heart.
MR. SAHALI. The explanation that I have heard is really very
good.
But that is for historians and for those who have gone to
college. But those who have not gone to college, who are not
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historians, in our country, Moros connote something different.

connotes something like bandits, outlaws, criminals.
It
That is why in
some provinces in Visayas, and even in Luzon, kapag iiyak ang anak
nila, sabihin, O kapag hindi ka hihinto diyan, ibigay kita sa Moros.
So natakot na iyong bata, hihinto. So in other words, in our country,
different ang connotation niya, different ang pagkaintindi ng mga tao
natin dito.
That is why I said this morning, when I was in college, tatlong
beses akong nakipagsuntukan dahil tatawagin ako Moro.
In Jakarta, nagkausap-usap kami roon pati iyong mga kaibigan
kong MILF, I was the first one to raise that question. Now, maganda
ang sagot nila, nobody speaks against it. I was outnumbered, wala na
akong nagawa.
That is why I said if this Bangsamoro is for the
betterment of the people of Tawi-Tawi, the development of Tawi-Tawi,

okay na, kahit tawagin akong Moro, tanggapin ko na iyon dahil I
always follow with the rule of the majority. Democratic yata tayo.
Salamat.
Yes, Usec Lorena.
MR. LORENA.
I would just like to answer that from the
perspective of the organization of the Moro National Liberation Front.
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There is a book by Muhammad Tat Asani on why MNLF was

organizedthis was the first MNLF. When the Mindanao Independence
Movement under Ugtog Matalam sent a group of professionals for
training in what is now famous as Batch 90, they were
trained in
Sabah, and they were looking for a name.

The continuing struggle of the south has been dabbed by
historian in Spain as the Moros struggle.
resistance to colonization.
This is a continuing
Because of that, the MNLF in its first
organization came out to accept, although derogatory in the past,

because as already intimated to us by the good governor, in the past
before that organization, anybody has a negativein fact, Moro has a
derogative meaning. But the MNLF thought that for continuity of the
struggle and in reflect of the struggle against colonization, the name
used The Moro National Liberation Front. That is the significance of the
use of The Moro National Liberation Front. And, at the same time, in
this book Moros, Not Filipinos, I would like to cite the book of Tat
Asani, there is mention that the continuing effort of resistance against
foreign colonization was never that continuing the struggle of their
forefathers. That is why the Moro National Liberation Front was
adopted.
Unfortunately, for that group of 90, after their training, it
was carried on by the other batches.
And not only the name of the
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III-8
November 11, 2014
3:30 p.m.
6
group, but it became the name of the organization.
That is why it
became Moro National Liberation Front. It is really a recognition.

In addition, historically, the Americans also adopted that because
of
the
organization
of
the
Moro
province
to
distinguish
the
representation of the Moro of the south from that of the north. So that
is the beginning of the use /jmb
182

Aliccatimbang
IV-8 November 11, 2014
3:40 p.m.
1
MR. LORENA.
So that is the beginning of the use--without a
derogatory term--of the Moro National Liberation to symbolize the

historical struggle of the people in the South against colonization.
This has been a very interesting historical discussion.
And we
feel like we are in school again and learning many things about
ourselves.
So there is just a question coming from some of those present.
There is a question from the provincial director of DOST-Tawi-Tawi,
Ibnotalib Nasirin, and he is asking, Why is there no mention of science
and technology in terms of the curriculum of the schools and also in
terms of the department as the reorganized Bangsamoro government
will be? So there is a fear perhaps on his part that the area of science
and technology has not been mentioned and, therefore, might be
forgotten and not included in the organization of the new Bangsamoro
government.
MR. SAKKAM. Mr. Chairman, it might be true. But, you know,
this basic law lays down only general principles and policies.
It
authorizes the Bangsamoro parliament to adopt all measures as may

be necessary for the betterment of the Bangsamoro people. Thats the
answer.
THE CHAIRMAN (SEN. MARCOS). Thank you, Atty. Sakkam.
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Aliccatimbang
3:40 p.m.
2
The function of the law is to put out the general principles of

what we are intending to do with the new Bangsamoro government.
The details which will be the equivalent of an IRR will follow.
And
those will be defined not by the law and not by an act of Congress but
by acts of the new parliament of the Bangsamoro government.
cannot imagine that they will forget or leave out the area of science
and technology.
I would not be surprised if they follow very closely
the national organization in terms of departments, cabinet ministers

and, again, functions and responsibilities of those offices.
So I
understand the concern but, I think, that it is something that will be

attended to by the Bangsamoro parliament.
So with that, ladies and gentlemen, I think we have quite
thoroughly examined and allowed everyone to make their statements.
What we have discussed here today, we are not deciding any of these
issues here today. We have just discussed it so that all the points that
want to be made by everybody who wants to make them is heard, is
put on the record. That record, we will now take it away and we will
continue to discuss it.
And these will be all noted and inputted and
weighted as in terms of importance into the final version of the

Bangsamoro Basic Law. As I have said before, I view the Committees
function in these proceedings simply as fleshing out or putting meat on
the bones of the framework agreement which is about concept and
184

Aliccatimbang
3:40 p.m.
3
principle and we are now trying to operationalize it.
And as
mentioned, first by the enactment of a law that creates a new

government, the new Bangsamoro government, and finally by the
Bangsamoro parliament actually defining those structures under the
principle again of self-determination.
So with that, ladies and gentlemen, I thank you all for your very
animated and passionate and informed and educated participation in
this. And with that, I declare we are suspended.
[THE HEARING WAS SUSPENDED AT 3:45 P.M.]
185

BBL IN SENATE: Public Hearing in Tawi-Tawi, Nov 11, 2014

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BBL IN SENATE: Public Hearing in Tawi-Tawi, Nov 11, 2014

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Republic of the Philippines

CONGRESS OF THE PHILIPPINES

Tuesday, November 11, 2014

Sandbar Lepa Convention Center

Senate Bill No. 2408 An Act Providing

Committee on Local Government joint with

GUESTS/ RESOURCE PERSONS:

- Congresswoman, Lone District of

Hon. Nurbert M. Sahali

- Governor, Province of Tawi-Tawi

Hon. Sadikul A. Sahali

- Former Governor, Province of TawiTawi

Hon. Michail Ahaja

- Vice Governor, Province of Tawi-Tawi

Hon. Bonging Abdurahman

- Mayor, Municipality of Simunul,

Mr. Sastri Buddin

- Director, Civil Service Commission

Hon. Sulay Halipa

- Assemblyman, Autonomous Region

Hon. Jose Lorena

- Undersecretary, Office of the

Prof. Miriam Coronel-Ferrer

- Panel Chair for Peace Negotiations

Atty. Al Amin Julkipli

- GPH Panel, OPAPP

Atty. Antonio Kinoc

- MILF Panel Member

Atty. Akmad A. Sakkam

Mr. Asani Tammang

Committee on Local Government joint with

Atty. Lanang Ali Jr.

- Legal Staff of BTC Chairman

Ms. Amina Rasul-Bernardo

- President, Philippine Center for Islam

Atty. Lorenzo R. Reyes

- Chancellor, Mindanao State

Sister Diana Fe T. Gillesania, OND - Oblates of Notre Dame, Bongao,

- Chair, Parish Pastoral Council, Our

Mr. Babylyn Cano-Omar

- Station manager, DXGD Radio

Mr. Aljemedin S. Jaudinez

- Supreme Student Council, Mindanao

Prof. Abduljim Hassan

- Director of Sama Studies, MSU

Hgi. Jutpin J. Sajili

- LGU Sitangkai, Tawi-Tawi

Mr. Rosendo Reyes

- President, MSU Alumni Association

Mr. Magsaysay Werble

- Dean, President of the Federation of

Ms. Mucha-Shim Lahaman Quiling - Secretary General, Katutubong

Committee on Local Government joint with

Ms. Dayanara S. Aming

- Unified Successors for Change

Ms. Mernalyn A. Isa

- Association of Women Educator

Ms. Arlene Sevilla

- Tawi-Tawi Alliance of Civil Society

Committee on Local Government joint with

Mr. Relindo M. Lopez

- Office of the Sergeant-at-Arms

(For complete list, please see attached Attendance Sheet.)