activity: dissecting the bangsamoro basic law: is the …39 barangays in the municipalities of...

�Dissecting the Bangsamoro Basic Law: Is the Law the Right Path to Peace? December 2, 2014 at Hotel La Breza, 155 Mother Ignacia Street, Quezon City

Activity: DISSECTING THE BANGSAMORO BASIC LAW: IS THE LAW THE RIGHT PATH TO PEACE?

Date: December 2, 2014

Venue: Hotel La Breza, 155 Mother Ignacia Street, Quezon City

PRELIMINARIES

After the Opening Prayer and National Anthem, the forum

moderator, Atty. Marlon Manuel said that we have 3

speakers who are all lawyers because we want to focus on

the legal provisions of the Bangsamoro Basic Law (BBL). He

said that the first speaker is part of the ALG family, a lawyer

and former Executive Director of SALIGAN, but is now with

the Bangsamoro Transition Commission (BTC), Commissioner Raissa Jajurie. The second speaker also

worked with SALIGAN, but she is now with the Office of the Presidential Adviser on the Peace Process

(OPAPP), Undersecretary Cleofe “Getty” Sandoval. The third speaker is Atty. Christian Monsod, the

former Chairperson of the Commission on Elections, and was part of the 1986 Constitutional

Commission that drafted the 1987 Constitution. He was invited to share some of the discussions in the

Commission pertaining to the provisions in the Constitution on the grant of authority to particular

regions for Mindanao and the Cordilleras.

Before the presentations by the speakers, a video was shown on the Bangsamoro roadmap. Afterwards,

there was a quick round of personal introductions.

SALIENT PROVISIONS OF THE BANGSAMORO BASIC LAW by COMMISSIONER RAISSA JAJURIE (BTC)

Comm. Raissa (BTC): Good afternoon. Assalamu Alaikum. I was just given 30 minutes so I will not be

presenting the entire 242 Articles.

The BTC is the body mandated to draft the Bangsamoro Basic Law (BBL) that are based on the political

agreements between the Philippine government (GPH) and MILF (Moro Islamic Liberation Front),

otherwise known as the CAB (Comprehensive Agreement on the Bangsamoro).

The Comprehensive Agreement on the Bangsamoro (CAB):

The CAB is composed of several agreements from 17 years of negotiations and consolidates and

affirms the understanding and commitment between the GPH (Government of the Philippines)

and the MILF.

The more recent FAB (Framework Agreement on the Bangsamoro) has 4 Annexes and an

Addendum:

o Annex on Transitional Arrangements and Modalities

o Annex on Normalization

o Annex on Revenue Generation and Wealth Sharing

o Annex on Power Sharing


o Addendum on Bangsamoro Waters and Zones of Joint Cooperation

Not everything in the agreement and annexes are found in the BBL because the BBL is

something like an organic law. The provisions in the FAB are relevant to that purpose, which is

the setting up of the Bangsamoro, but as we can see later on, some of the provisions are not

relevant to the establishment of the Bangsmoro

Highlights of the BBL:

Outline of the BBL:

o Preamble

o Name and Purpose

o Bangsamoro Identity

o Territory

o General Principles and Policies

o Powers of Government

o Intergovernmental Relations

o Bangsamoro Parliament

o Wali (Titular Head)

o Basic Rights

o Bangsamoro Justice System

o Public Order and Security

o Fiscal Autonomy

o Economy and Patrimony

o Rehabilitation and Development

o Plebiscite

o Bangsamoro Transition Authority (BTA)

o Amendments and Revisions

o Final Provisions

Bangsamoro Identity:

Natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands

including Palawan at the time of conquest and colonization.

Spouses and their descendants, whether of mixed or of full blood, have the right to identify

themselves as Bangsamoro by ascription or self-ascription.

The freedom of choice of other Indigenous peoples shall be respected.

Bangsamoro Core Territory:

The present geographical area of the Autonomous Region in Muslim Mindanao (ARMM).

6 Municipalities in the province of Lanao del Norte: Baloi, Munai, Nunungan, Pantar, Tagoloan

and Tangkal.

39 barangays in the Municipalities of Kabacan, Carmen, Aleosan, Pigkawayan, Pikit, and

Midsayap in North Cotabato.

The Cities of Cotabato and Isabela.

Those qualified for inclusion in the plebiscite, by way of resolution or petition.


Unlike the Memorandum of Agreement on Ancestral Domain (MOA-AD) crafted in 2008 also

between the Philippine government and the MILF, the Framework Agreement does not create a

separate state with its own territory, people, government and sovereignty. Instead, the

Framework Agreement recognizes the overarching power and authority of Philippine laws and

institutions, and implicitly recognizes the Constitution’s supremacy.

For example, the President, through an executive order, will create the Transition Commission;

and Congress shall enact the basic law that will govern the Bangsamoro region. Also, while the

Bangsamoro “may create its own auditing body and procedures for accountability... [t]his shall

be without prejudice to the power, authority and duty of the national Commission on Audit to

examine, audit and settle all accounts...” [A. Panganiban]

Bangsamoro Waters and Zones of Joint Cooperation:

There shall be created a joint body composed of representatives from the Department of

Environment and Natural Resources (DENR) and the National Mapping and Resource

Information Authority (NAMRIA) and equal number of representatives from appropriate

agencies of the Bangsamoro Government that shall establish the coordinates of the Bangsamoro

territory, including the Bangsamoro waters and the Zones of Joint Cooperation.

Internal waters: The waters around, between and connecting the islands embracing the

Bangsamoro geographic region form part of the internal waters thereof.

Bangsamoro waters: Waters extending up to 22.224 kilometers (12 nautical miles) from the

low-water mark of the coast that are part of the Bangsamoro territory shall be within the

territorial jurisdiction of the Bangsamoro.

Where a constituent local government unit of the Bangsamoro and an adjoining local

government unit are so situated on the opposite shores such that thirty (30) kilometers of

waters or less between them, a line equidistant from the opposite shores shall be drawn to

demarcate the Bangsamoro Waters and the municipal waters of the adjoining local government

unit. Should they be so situated that there are more than thirty (30) kilometers but less than

37.224 kilometers of waters between them, a line shall be drawn at the edge of the 15

kilometers municipal waters of the adjoining local government unit to demarcate it from the

Bangsamoro Waters.

Zones of Joint Cooperation in the Sulu Sea and the Moro Gulf: the coordinates of which shall be

defined by the joint body, are hereby created for the ff purposes:

o The protection of the traditional fishing grounds,

o Benefitting from the resources, and

o Interconnectivity of the islands and the mainland parts of a cohesive Bangsamoro

political entity

BBL: Ensuring the exercise of the preferential rights of the Bangsamoro people and other

indigenous peoples.

Power Sharing:

Reserved powers are powers or matters over which authority and jurisdiction are retained by

the Central Government.

Exclusive powers are powers or matters over which authority and jurisdiction pertain to the

Bangsamoro Government.


Concurrent powers refer to shared powers between the Central Government and the

Bangsamoro Government, as contained in the Annex on Power Sharing and as further provided

for in the Bangsamoro Basic Law.

Reserved powers:

o Defense and external security;

o Foreign policy;

o Coinage and monetary policy;

o Postal service;

o Citizenship and naturalization;

o Immigration;

o Customs and tariff, as qualified by no. 10 in concurrent;

o Common market and global trade, provided however that the power to enter into

economic agreements already allowed under RA No. 9054 shall be transferred to the

Bangsamoro Government; and

o Intellectual property rights.

Political and Electoral System:

There will be a Bangsamoro Parliament and a Bangsamoro Cabinet

60 members of the parliament, at least

o Party representatives (50%)

o District representatives (40%)

o Reserved seats & sectoral representatives (10%)

3-year term, no more than 3 terms

Elected Speaker, Deputy

The Bangsamoro Cabinet:

o The executive function and authority shall be exercised by the Cabinet, which is headed

by a Chief Minister.

o Composition: Chief Minister, Deputy Chief Minister, and other ministers.

Chief Minister - Elected by majority votes from among the members of the

Parliament.

Deputy Chief Minister - Appointed by the Chief Minister from among the elected

members of the Parliament.

Other Ministers - Majority shall also come from among the members of the

Parliament.

Wali:

o Wali as titular head.

o To perform only ceremonial functions.

o Council of Leaders to submit a list of names of eminent residents of the Bangsamoro;

Parliament to choose by consensus.

Bangsamoro Council of Leaders:

o Composition: Chief Minister (Chair), provincial governors, mayors of chartered cities,

and a representative each of the non-Moro indigenous communities, women, settler

communities, and other sectors


o The Council shall advise the Chief Minister on matters of governance in the

Bangsamoro.

Intergovernmental Relations:

Establish a mechanism at the highest levels, i.e. Central Government – Bangsamoro Government

Intergovernmental Relations Body, for coordination and harmonization; dispute resolution

through regular consultation and continuing negotiation in a non-adversarial manner

There shall also be a Philippine Congress – Bangsamoro Parliament Forum for cooperation and

coordination of legislative initiatives

Principles in Intergovernmental Relations

o Asymmetric relationship

Asymmetric Relationship – The relationship between the Central Government

and the Bangsamoro Government is asymmetric. This relationship is reflective

of the recognition of their Bangsamoro identity and their aspiration for self-

governance consistent with the exercise of the right to self-determination. This

makes it sui generis (“one of a kind”) and distinct from other regions and other

local governments.

The Bangsamoro is also asymmetrical, that is, it takes a different form from the

existing relationship between the central government and other local

government units.

o Parity of esteem

Parity of Esteem: The Central Government shall respect the exercise of

competencies or exclusive powers of the Bangsamoro Government.

The Bangsamoro Government shall respect the exercise of the competencies

and reserved powers of the Central Government.

o Principle of devolution and subsidiarity

Decisions are to be made at the appropriate level to ensure public

accountability and transparency, and in consideration of good governance and

the general welfare.

Subsidiarity is an organizing principle of decentralization stating that a matter

ought to be handled by the smallest, lowest, or least centralised authority

capable of addressing that matter effectively

the idea that a central authority should have a subsidiary function, performing

only those tasks which cannot be performed effectively at a more immediate or

local level.

o Good governance

o Empowerment and representation

Fiscal Autonomy Provisions:

Block grant

o Formula: 4% of the net internal revenue collection 3 years prior

o To be automatically appropriated for and regularly released by the CG

o Formula shall be reviewed after 10 years


o Deductions starting 4 years from the regular Bangsamoro:

Tax collections from the 4 additional taxes

Revenues from the exploitation, development and utilization of natural

resources

Special development fund

o Purpose: rehabilitation and development purposes

o P7B (2015)

o P10B (released at P2B/year for 5 years starting 2016)

Devolved Powers Over Taxation

o Taxing powers already devolved to the ARMM by RA 9054 and other legislations

o Additional taxing powers devolved:

Capital gains tax

Documentary stamp tax

Donor’s tax

Estate tax

o Sharing: 100% to the BG (Bangsamoro Government); 0% to CG (Central Government)

Taxes Collected by CG in BM

o National taxes, such as: Income, excise, travel tax, VAT (value-added tax), amusement

tax

o Sharing: 75% to the BG; 25% to CG, but share of the CG may be waived for 10 years

Income from Natural Resources

o If non-metallic minerals: 100% to the BG/ BM LGUs

o Metallic minerals: 75% to the BG; 25% to the CG

o Fossil fuels (petroleum, natural gas, and coal) and uranium: 50% CG, 50% BG/ BM LGUs

Sharing in Taxes and Natural Resources

o Sharing on Taxes:

75% BG; 25% CG – for National Taxes Collected in the Bangsamoro.

100% BG – Taxes Transferred to the Bangsamoro

100% BG – Taxes already devolved to the ARMM

o Revenues from the exploitation, development and utilization of natural resources

100% BG - Non-Metallic Minerals

75% BG; 25% CG – for Metallic Minerals

50% BG; 50% CG – for Fossil Fuels

o 75% of Central Government taxes, fees and charges collected in the Bangsamoro, other

than tariff and customs duties, shall go to the Bangsamoro, including the shares of the

LGUs. 25% CG

o BBL: Parliament shall enact a law detailing the shares of constituent LGUs.

o RA 9054 (Strengthening the Organic Act of the ARMM)

Taxes: CG: 30%; ARMM: 70% (Province & City LGUs 35%; RG 35%)

EDU (exploration, development & utilization): Non-strategic minerals: CG: 30%;

ARMM: 70%; Strategic minerals: CG: 50%; ARMM: 50%

LGU: CG: 60%; LGU: 40%

Revenues from Government Owned and Controlled Corporations (GOCCs)

o BG-created GOCCs


o GOCCs operating exclusively in the BM territory

o Al-Amanah Bank and the Southern Philippines Development Authority

o GOCCs with substantial operation in the BM or where BM has substantial interest

Economy and Patrimony

o Equitable & Sustainable Development

Development plan shall take into consideration the natural resources that are

available for its use and for the use of future generations.

Effective use of economic resources and endeavor to attain economic

development that shall facilitate growth and full employment, human

development, and social justice.

Provide equitable opportunities for the development of constituent local

government units and shall strengthen governance systems to ensure people’s

participation.

o Trade and Industry

Domestic trade preference for goods produced and materials sourced from

within the Bangsamoro and adopt measures to increase its competitiveness;

access to markets.

Provide technical and skills training programs, create livelihood and job

opportunities, allocate equitable preferential rights to its inhabitants, and adopt

laws that will safeguard the rights of workers.

o Natural Resources

Protection, conservation, rehabilitation, and development of forests, coastal,

and marine resources.

Utilization of natural resources:

Shall primarily be for the benefit of the inhabitants of the Bangsamoro.

Preferential rights.

Ensure that communities in whose territory these resources are found

are given an equitable share from the revenues generated from such

utilization.

Prohibition against environmentally destructive activities.

Prohibition against toxic or hazardous substances.

Legislating benefits, compensation for victims and communities adversely

affected by mining and other activities that harness natural resources.

Bangsamoro Justice System:

The justice system in the Bangsamoro

shall be composed of the Shari’ah

courts, which shall have supremacy

and application over Muslims only; the

traditional/ tribal justice system, for

the indigenous peoples in the

Bangsamoro; the local courts; and

alternative dispute resolution systems.


Bangsamoro Police:

Law enforcement and maintenance of peace and order in the Bangsamoro.

Professional, civilian in character, regional in scope, effective and efficient in law enforcement,

fair and impartial, free from partisan political control, and accountable under the law for its

actions.

Responsible both to the Central Government and the Bangsamoro Government, and to the

communities it serves.

Part of the Philippine National Police.

Under the Bangsamoro Police Board.

o Regional: Headed by a Bangsamoro Police Director; assisted by at least two Deputies

o Provincial: Provincial Director

o City/Municipal: Chief of Police

OPEN FORUM

Atty. Marlon (ALG): Before the specific provisions concerning the different basic sectors and

groups, we will now open the floor for questions for questions that you might have on the basic

structure of government, composition, geographic territory. Later on, we will continue with the

other provisions pertaining to specific sectoral groups – IPs, women and other vulnerable or

marginalized groups.

Roxy (Caraga Youth Leaders Network): For the Bangsamoro, will there be a need to establish

consular relations with other states?

Comm. Raissa (BTC): Foreign affairs is still reserved to the Central Government, so there is no

need. Meaning if that happens, it will be based on the decisions of the Central Government. It is

not a right that is provided to the Bangsamoro in the BBL.

PSI Villena (PNP HRAO): I am scared

about this, so I am really glad to be

retiring next year. I will no longer be

in active duty as this happens, but I

hope to be part of the solution rather

than part of the problem. Anyway, I

have several questions. One is on the

sharing – wherein 100% taxation

revenue goes to the BG and 0% to the CG. I don’t think that is sharing. Second is on the creation

of the Bangsamoro police. That is incongruent with the Constitution. Why? Because the

Bangsamoro government exercises almost absolute operational and administrative control and

supervision over the Bangsamoro police. There will be no appointment without the

recommendation in the manning provisions of the members of the local PNP. If this will be

implemented, then it is as if there is a Chief of the PNP in the Bangsamoro government. Third, in

the appointment of the members of the PNP police in the Bangsamoro, they will be creating

their own National Police Commission. And by specific provisions, the police director for the

Bangsamoro shall not countermand the Chief of Parliament, unless or for unlawful purpose, and

for this reason, the police shall be subject to the approval of the Commission on Appointments.


This goes against the very provision of our 1987 Constitution – because we are not military, but

members of the PNP. This was challenged earlier, but we explained to Congress that considering

we are civilians and not military, we are not subject to confirmation by Congress. And for this

reason, on the manning, appointment, and removal of the PNP or the Bangsamoro police, this is

actually a monopoly of the members of the parliament. The parliamentary form of government

that we have appears to be a “modified” parliamentary form of government because I

remember from the book by Dr. Pablo Tangco when I took up my Masters of Law from the UST,

and the structure that we have is really quite different. But it is always believed that the best

government is the parliamentary form of government simply because there is always a shadow

government and at any time, it could be dissolved. Another thing is it appears that the

Bangsamoro Commission on Human Rights is even more powerful than the Commission on

Human Rights that we have in the Central Government. Why? Because their Commission on

Human Rights exercises both prosecutorial and investigative powers, while our CHR does not

exercise these powers. To be honest, I have not gone through all the sections and provisions of

the BBL, but the Philippine Constitution is composed of 18 Articles, while the BBL has 16 Articles,

and as I am going over the provisions, please forgive me, but it appears to me that it is written

for a sovereign country. I know that all those noble men and women who participated in the

crafting of this law had sincere and open hearts, and I wish for the success of the Bangsamoro

government entity. Thank you very much.

Comment: On the sharing on taxation of the ARMM. We should look at the ground level

situation and hopefully in the interpretation of the ground level situation, the law shall reflect

what is best for the communities. In terms of revenue generation, there is a study that out of

the totality of about 17 billion or 19 billion, only 2% of that are actually internally generated, and

most of them are actually sourced outside of ARMM. That means there is so much national

government subsidy to ARMM right now. And therefore, that 2% or the 100% collection is

negligible. So what is our problem with that? In fact, that is a way to strengthen fiscal autonomy

if they can generate enough resources internally. And if you look at that 2%, most of that

actually comes from services, including government expenditure. That means most of the taxes

are coming from government employees whose salaries are being paid by the national

government.

PSI Villena (PNP HRAO): OK. My next question was on the Bangsamoro police. The PNP law

provides that it is the absolute power of the President and Chief PNP to reassign personnel and

property movements of the PNP.

Atty. Christian Monsod: That’s not being followed in actual practice, correct? Because now, in

practice, the law says that you give 3-5 nominees, and who chooses? The local government. So

where is the absolute right there?

PSI Villena (PNP HRAO): I am talking about the specific provision of the law. It may be different

in practice, but I am talking about the basic principle of the law.

Atty Christian Monsod: That method of selection is also reflected in the IRR of that law. So the

statement that there is an absolute right is not true. If you look at both the law and the IRR, it

allows the local government officials to choose among the candidates.

PSI Villena (PNP HRAO): The only thing is that the IRR cannot go beyond what the specific law

provides.

��Dissecting the Bangsamoro Basic Law: Is the Law the Right Path to Peace? December 2, 2014 at Hotel La Breza, 155 Mother Ignacia Street, Quezon City

Atty. Christian Monsod: We are talking about specific provisions of the law here. Then how

come nobody brought that up in the Supreme Court?

PSI Villena (PNP HRAO): Among the members of the PNP, if you question the law, that is the end

of your career. We have to be very specific and careful about it.

Atty. Christian Monsod: The question that we have is “is the Bangsamoro law valid for us?” Is it

vaid or not and is it contrary to law? It’s not contrary to law because right now, the local

government officials actually choose among the candidates.

PSI Villena (PNP HRAO): My only concern is the fate of the members of the PNP because the way

I Iook at it, it is my personal view that the manner of selection and manning, the Bangsamoro

government exercises almost an absolute control. And I think it goes against the provisions in

the Constitution. That is just my personal observation.

Comment: The political reality is that one of the reasons why political warlords have proliferated

their arms is because of their control over the police. Take the example of Ampatuan. And this is

happening all over the place. When you look at the number of private armed groups (PAGs),

ARMM has the most number of PAGs, precisely because some local politicians manage to gain

control over the police force. What the BBL is trying to do is to centralize the police force so that

it can weaken the powers of these political warlords. So you cannot just take it from the legal

perspective. You also have to look at the ground-level situation, and based on that ground-level

situation, come out with a legal framework that can address the problems of warlordism,

political strongman, etc, etc. That should be the proper perspective.

PSI Villena (PNP HRAO): I participated in the discussions regarding the filing of cases in the

Maguindanao massacre. If we will return to this kind of system, I am afraid that this will be just a

complete repetition of what happened in the past. I hope I am wrong.

Atty. Christian Monsod: Let me just share with you some of

my experiences when I was the Chair of the COMELEC. When

we were enforcing the gun ban, and we were putting specific

areas of the country under police or military control, I asked

the AFP and PNP, why is it that there are so many unlicensed

firearms in the country? Why is it that it’s only during

elections we go through the motions of sweeping out all of

these firearms? The military and police told me that when a group is out of power, they

complain about it. But if the same group is in power, they don’t want to confiscate it. In other

words, the problem lies in the quality of governance of the leaders. If the leaders tomorrow

were to order the police and military to confiscate all unlicensed firearms, there will be a lot of

objections and problems, but they told me that it’s possible to do it with strong political will by

the political leaders.

Pax from Marawi: Question addressed to Atty. Monsod. Suppose the parliament form of

government was already created, I will be asking about the checks and balances by the

legislative power of the Central Government. Could it continue to exercise or check every

budget that is allocated in the infrastructures being imposed by the local offices in aid of

legislation? I refer to both the House of Representatives and Senate.

Atty. Christian Monsod: That’s precisely why there is autonomy. Certain powers must be

allocated or devolved down. If your question is can a committee of Congress investigate the

utilization of funds? That question belongs to the legislative body of the ARMM. They are the


ones who are supposed to ask for accountability because the money is in their power to

distribute. We have to understand the nature of the ARMM is sui generis (of its own class/one of

a kind). During the deliberations of the Constitution, Fr. Bernas was asked if this is federal or

parliamentary. He answered that we should not get lost in the words. Rather, let us see how we

are dividing the powers, and then we can call it whatever we want. In the case of the

Bangsamoro, they call it a ministerial form of government. If they call it federal, it is not accurate

because it is not really federal. But people should be reminded that there are as many

definitions of federal as there are countries using it. That’s the reality. In that case, in the

distribution or sharing of powers, that will specify certain rights and powers of Bangsamoro in

relation to the Central Government. There is a provision in the Constitution that if it is not given

to the local government or to the autonomous region, then it is presumed to stay with the

Central Government.

Ritz Lee (BALAOD Mindanaw): Question to Raissa.

With regard to the BTA, based on functions that you

mentioned, is one year really enough for it to

perform its functions?

Comm. Raissa (BTC): It really depends on when the

BBL will be passed and ratified. In fact if I start

counting now, it may even be less than a year. But

based on pronouncements made in the media, it

looks like the BBL will be passed by the first quarter of 2015, but you still need 4 months to

conduct a plebiscite. So that will be around July 2015. So it’s really all up to Congress – they can

move it, but what I presented is the commitment of the MILF in the agreement - that there will

be regular elections in 2016, and before that, there should already be an interim government

put in place. That is what is in the proposed BBL because those are in the terms in the

agreement. But politically, a lot of people are asking if it is indeed possible – because there

should be an election code, administrative code, civil service code, then you have to phase out

the ARMM, and phase in the new Bangsamoro government bureaucracy, and that takes a lot of

time.

Atty. Christian Monsod: There has also been some exercise of devolution and decentralization

since the ARMM was born. There are already some experiences, and if one has to make a

distinction between administrative decentralization and political decentralization, then there

may be incremental work that needs to be done, which is quite possible to do.

Cocoi (LRC): Question to Raissa on the Bangsamoro identity and basic rights. In Article 9, what is

meant by “rights already enjoyed shall be respected” – does it include legal rights already

enjoyed and existing?

Comm. Raissa (BTC): The rights enumerated under Art. 9 are not new. Definitely this is a law

that will be passed by Congress, and within the confines of the Constitution, so certain rights

that are already provided in the Constitution must also be recognized and respected in the

Bangsamoro.

Karen (Philrights): This is regarding the rehabilitation and development provisions. Looking over

the draft law, it says that the Bangsamoro government will take over the mining policy and

comprehensive framework for sustainable development. But ever since the CAB was signed, we

already have a lot of foreign mining investments and agreements being signed and coming in.


What will happen to those agreements should those agreements be found to be in violation of

the new mining policy? Second question is on FPIC. Considering that we are working within the

framework of transitional justice, where you recognize and try to address historical injustices,

why is it that the FPIC only applies to Ancestral Domains? Why not apply it for all communities

that will be affected? Coming from the framework of conflict where a lot of their grievances are

rooted in landgrabbing. I think it would be more in keeping with transitional justice framework if

FPIC is extended to all communities, especially in the light of all the new agri-business

agreements being signed recently.

Comm. Raissa (BTC): Getting back to the mining issue, it will be within the power of the

Bangsamoro to design a mining policy. This is an opportunity to learn from our advocates on the

matter of mining parameters – learning from lessons and mistakes of others in the past. But

there is also mention of certain contracts that have already been signed within the Bangsamoro

territory. I cannot find the specific provision right now, but I believe that those licenses, permits

and contracts shall continue until it terminates or unless there is a reason for revocation of said

contract. So we need a basis for rescinding the contract. For FPIC – it is always mentioned in the

context of Ancestral Domains and IPs and native inhabitants. But still we can look at the BBL as

something like an organic act - it can be the basis for parliament to enact more laws in relation

to specific powers granted to the Bangsamoro. Transitional justice is part of the Annex on

Normalization. The Commission is doing work on transitional justice right now. We still have to

wait for the recommendations that will be made by the commission, and which will be

presented to the panel for adoption. So, as of now, we don’t know yet what the specific

programs for transitional justice will be. There is still an ongoing process that will be defined by

the Commission, and a process where we can still incorporate some suggestions.

Atty. Christian Monsod: Incidentally, I am hoping that the Bangsamoro will enact a land use code

because we still don’t have it in the central government, and maybe they can give us a good

example. On mining, there is a constitutional provision of full control and supervision by the

state. If the new law passed by congress based on EO 79 is followed, EO 79 says that existing

contracts shall be subject to existing laws at the time the permits were granted. To me, that

means that if you have new environmental laws, for example, if you have new “No-Go” zones to

mining, then it can apply to existing mining contracts. I think that we can apply the same

principle in the case of the Bangsamoro.

Atty. Marlon (ALG): Later, we will go back to the transitional justice component – and Usec

Getty will give us a presentation on the different components, including the commissioning and

economic development of the agreement, in addition to, or parallel to the law itself.

Atty. Claire (Kaisahan): I have 2 questions. There is mention of “concurrent” powers of the

Central Government and the Bangsamoro Government, and there are also “exclusive” powers.

First, how will you operationalize or exercise concurrent powers? For example, social security

and pensions, quarantine, etc. How will you operationalize that in terms of collection of

pensions, who will do that? If you will apply for a loan, whom will you go to? That is in relation

to the exercise of concurrent powers. Second, on the exclusive powers of the Bangsamoro,

particularly on matters of the environment, agriculture, health and education, trade, etc. What

are its implications on existing national laws? For example, we have CARPER, mining laws, etc.

Will the Bangsamoro adopt the national law? Or will the national laws apply in the Bangsamoro?

Or will the Bangsamoro pass their own versions of the national laws?


Comm. Raissa (BTC): For concurrent powers, specifically for social security and pensions, it is

already spelled out how that will happen – the concern of the MILF during the negotiations is

that the contributions are being pooled, then it is invested in industries, etc. So there were

concerns whether the investments or industry are “halal” (permitted or lawful). So, one option

is for the Bangsamoro to have its own Social Security System. But that is an option that is open

to them in the future. The reason why it is concurrent is because there are employees who are

already members of the national SSS, and you don’t want them to lose their contributions. So,

there may still be a national SSS in the Bangsamoro, but at the same time, the Bangsamoro may

create its new social security system which will be open only to new employees and members.

That’s where the concurrency lies. In the other areas, the difference is not that clear where the

cooperation and coordination is. The ideal is that for these matters – there are specific interests

by the CG and BG, but they will have to work together through intergovernmental relations

mechanisms. For example, Human Rights and humanitarian protection, etc. We have the CHR,

and then in the basic law, there is also going to be a Bangsamoro Human Rights Commission. So

how do they work together in matters involving human rights and humanitarian protection?

That is something that can be discussed in the IDR. For the exclusive powers, the Bangsamoro

should be given enough powers to define the particularities in the Bangsamoro so that the laws

are more responsive to their specific conditions. Part of their powers is the exercise of legislative

powers.

Comment: On the rights of IPs, why did you use UNDRIP, and not IPRA? Do you think that IPRA is

inferior over the UNDRIP?

Comm. Raissa (BTC): The idea is that the Parliament now has the power to enact a law that will

be effective inside the Bangsamoro. It will be the Parliament that will work on that law. If the

law that is passed by parliament imitates certain provisions of the IPRA, then that is OK. That is

not illegal and prohibited. If it is something that Parliament finds wise to adopt, then that can

happen. We don’t think that the IPRA as inferior to UNDRIP. Part of the powers of the

Bangsamoro includes legislative powers. There may be national laws which need to be modified

to suit the local context, or they may be adopted as is. It is not something that is precluded from

happening.

Comment: Under natural resources development, I do not know how to reconcile Sec. 12, rights

of IPs over natural resources, and Sec. 13. In Sec. 12, the IPs have priority. But in Sec. 13, the

Bangsamoro government exercises control over the natural resources.

Comm. Raissa (BTC): The policy regarding the exploration, development and utilization of

natural resources will emanate from the Bangsamoro government. There are certain rights

enumerated under Sec. 12, including share in revenues, preferential rights, FPIC, etc.

Atty. Christian Monsod: The question has been asked, and I already related it to Raissa and the

group, if the national government is willing to share 70% of the revenues in mining to the

Bangsamoro, and retaining only 30%. The question that IPs often ask is can the Bangsamoro be

as generous to the IPs in its area by giving them 70% of the proceeds from the use of natural

resources in their ancestral domain? So there is a parity of self-respect and generosity to be also

given to the IPs, and the answer we received was that this will be considered.

Atty. Marlon (ALG): OK. We will get back to the IPs later because that will be answered in the

presentation of Usec Getty.


Lyca (OXFAM): In the block grant and special development fund, OXFAM supported a study to

help come up with a formula for the block grant. But this is one of the more trickier issues, and

there might be some Constitutional issues raised on this as well. I am not sure if you are at

liberty to discuss the amounts and its usage. The amount that we hear from media may appear

big, but is it really big compared to what the ARMM is getting and what it is supposed to fund in

the Bangsamoro, also considering that it has greater powers? The Bangsamoro has greater

powers, based on exclusive and concurrent powers, so will the funds be sufficient enough to

cover all that? What we often hear people say that it is such a big amount, but we heard people

say that it will just be pocketed by the local officials. We also hear a lot of black propaganda. Can

you also include the special development fund? It may initially appear to be big, but considering

the damages that were sustained through the years, it may not be enough.

Comm. Raissa (BTC): The 4% of the 60%, based on certain figures given to us, by 2016, the year

when the Annual Block Grant will be effective, will be around P26.8 billion. Right now, the

ARMM in 2015 will be receiving P 24.7 billion. The percentage will depend on the collections of

the BIR. The P26 billion, as time passes, hopefully it will also increase.

Comment: But you have to contemporize that in terms of the needs in the area. If you look at

the statistics in ARMM, the poverty situation is about 55%, compared to the country’s national

average for poverty incidence of about 25%. So poverty incidence is double inside the ARMM. If

you look at the human development indicators, things have really degraded from bad to worse.

In other words, the money should be related to the development requirements of the place. It

should not be taken out of context. It should therefore not be an actual figure. For example,

only about 25% of the households have access to potable water, and only 30% of households

have sanitary toilets, which are the basis for healthy living standards. So, what kind of existence

will those people have? Also, it should not be an actual figure, but is rather based on the needs

of the people and communities.

Comm. Raissa (BTC): For now, ARMM gets a certain amount from the GAA (General

Appropriations Act). In addition to this amount, the national government also provides some

money to the ARMM if it wants to. For example, the DOH may say that they have P 1 billion if

we can implement one of their projects inside the ARMM. That has been the practice in the

ARMM for the longest time, so there is really no autonomy – not only fiscally, but also in the

design and implementation of programs, which is being dictated by national government. So

our idea was to come up with an amount that would suffice for all the programs and services

that are expected of the Bangsamoro. Another concern is that you are working with a

government that is supposed to have more powers than the ARMM, and will potentially have a

bigger area. So how much will be needed? Will P 25 billion suffice – compared to ARMM? There

is one provision in the basic law saying that for 5 years, the Central Government may still

subsidize certain programs, and that is still part of the negotiations between the Central

Government and the Bangsamoro government - should the P 25 billion not suffice. The

percentage will depend on the collections. The projection is that every year, the collections of

the BIR (Bureau of Internal Revenue) becomes bigger and bigger so that the P 25 billion, by the

year 2017 is projected to become around P 32 to 37 billion.

Jun (Sentro ng Progresibong Manggagawa): Clarification on the statement “the national

government and the Bangsamoro government shall jointly exercise the powers of exploration

and development of energy.” My first question is on power. We have an energy crisis in


Mindanao. Will the current practice of privatization of generation and transmission of energy be

applied in the Bangsamoro? My second question is on labor. Will the labor code be applied

separately in the Bangsamoro? Because the quasi-judicial powers of the NLRC (National Labor

Relations Commission) might be insufficient to resolve all the labor and management disputes.

Atty. Marlon (ALG): The last 2 questions for this round is related to sharing and energy. So we

will stop after these questions, and then the labor code issue will be tackled later as we go into

the specific provisions on labor.

Ritz Lee (BALAOD Mindanaw): My question is also related to power. I heard some comments

that having more than one transition grid is not advantageous to the consumers, and I also

heard some recommendation from national grid to island grid – how it was discussed during the

deliberations for the agreements.

Melvin (PBPF): When it was being drafted, did

you check the existing natural deposits found

inside ARMM? For example, 100% for non-

metallics, 75% for metallics, and then 50-50

sharing for gas and oil. For 75% metallic, it looks

like the share of ARMM is big. However, there

are only 2 small operating nickel mines in Tawi-

Tawi because the ARMM is not highly

mineralized. What has a big potential is gas and

oil – and that is split 50-50. With regards to that, my personal opinion is that if we were to look

at the right to access the natural resources and benefit sharing, if you cross-check that with the

actual deposits in the area, I don’t think that it is fair. You have 50-50 and 75%. It is nice on

paper, but the reality is that it is not fair.

Comm. Raissa (BTC): What is written in the basic law is that it’s an exclusive power relating to

energy generation, transmission and distribution if the facility is not connected to the national

transmission grid. But once it is connected to the national grid, it then becomes concurrent

because there has to be cooperation and coordination. And that is just logical because you will

use the facility of the Central Government. But that is an option of the Bangsamoro

Government. if it finds value in having its own transmission grid, then that is within their

powers. But if it finds that it is not viable, then their option is to connect to the national grid. So

we leave it to the wisdom of the Bangsamoro government to find out what is more viable. For

Epira, I think that the fact that you have exclusive powers on energy generation, transmission

and distribution means that you also have powers to lay down policies – including the issue of

privatization.

Atty Christian Monsod: In the Philippines, we are conscious of areas that are separate from one

another because we are archipelagic. But in many other countries, their transmission lines go

across countries, and they are able to manage a cooperative agreement in order to provide the

least cost to the consumers, which is really an important bottom line in energy. As far as

generation issues are concerned, I guess one of the issue is Lake Lanao – a source of

hydroelectric power. In that case, it’s possible for the Bangsamoro to generate more power than

they need, in which they can sell power to the other provinces. So it’s really more of a matter of

economics, and not a matter of territory.


Comm. Raissa (BTC): With respect to sharing, in a sense, it is better than compared to ARMM. In

ARMM, they used strategic minerals. And in fact, there is a DOJ opinion that says nickel is a

strategic mineral because there is an ongoing mining operations on nickel in Tawi-Tawi. What is

nice here is that the minerals that will be subject to 50-50 sharing is now defined. So now, they

are debating on what are the strategic minerals because nickel is now classified as a strategic

mineral.

Atty. Christian Monsod: I think that it’s also important to look at it from the point of view of

what does the foreign contractor get, and that would be up to the Bangsamoro. My only

suggestion is that I think that the owners of the minerals, which is the state, and in this case,

delegated to the Bangsamoro, should get all the economic rent. Economic rent is defined as all

the costs of production that provides a reasonable rate of return to the contractor. The

contractor is never a joint venturer and does not own the minerals. That should be the

approach.

Comment: On energy, the problem are the island provinces – because they are off grid, and

providing them with energy is very costly. In their case, only the barges will operate. So that’s

another issue that you have to tackle. In terms of minerals, there is no geologic survey that has

been done in ARMM. The last one done was by Petronas for the national gas. I am a little bit

worried because your tax deductions will immediately kick in after 4 years. Before you are able

to exploit mineral resources, it will actually take you more than 10 years. My worry is that we

are already counting our chicks before they are even hatched. Just some food for thought.

Atty. Marlon (ALG): OK. Let us proceed with the continuation.

SALIENT PROVISIONS OF THE BBL (Continuation) by COMMISSIONER RAISSA JAJURIE (BTC)

Comm. Raissa (BTC): We shall now proceed to the provisions that are specific to the sectors.

Development Policies and Programs:

Special development programs and laws for women, the youth, the elderly, labor, the

differently-abled, and indigenous cultural communities. This answers the question raised by Jun

that based on certain principles of labor rights provided in the Basic Law, the Parliament is

empowered to enact its own Labor Code.

Comprehensive Framework for Sustainable Development to include measures for the reduction

of vulnerability of women and marginalized groups to climate change and variability

Labor Sector:

Labor Rights Prohibited Acts • Self-organization • Collective bargaining and negotiations • Peaceful concerted activities, including the right to

strike • Participate in decision-making processes affecting

their rights and benefits • Security of tenure, humane conditions of work, and

a living wage

• Trafficking in persons • Engagement of minors in any hazardous or

deleterious forms of employment


Peasants and Fisherfolk:

• Trafficking in persons • Engagement of minors in any hazardous or

deleterious forms of employment

• Taxes, fees, or charges on agricultural and aquatic products, except when sold by marginal farmers or fisherfolk

Settler Communities:

o Representation in the BTA, Parliament, and Council of Leaders

o Basic Rights:

Right to freedom and expression of religion and beliefs

Right to establish cultural and religious associations

Right to freedom from religious, ethnic and sectarian harassment

o Vested property rights shall be recognized and respected

Indigenous Peoples:

o General Principles:

Protection of the rights of the indigenous peoples in the Bangsamoro

Economic and geographical criteria

Individual and communal property rights

Cultural integrity

Customary beliefs

Historical and community traditions

United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)

o On Basic Rights:

Indigenous Peoples Rights - Recognition of the rights of the indigenous peoples

Right to their native titles and/or fusaka inged

Right to indigenous customs and traditions

Right to their justice systems

Right to indigenous political structures

Right to an equitable share in revenues from utilization of resources in

their ancestral lands

Right to free and prior informed consent

Right to political participation in the Bangsamoro Government

Right to basic services

Right to freedom of choice as to their identity

Preservation of Bangsamoro Cultural Heritage - Includes the history, culture,

arts, tradition and the rich cultural heritage of the indigenous peoples of the

Bangsamoro

Tribal University System - Shall be created within the Bangsamoro to address

the higher educational needs of the indigenous cultural communities in the

region

Customary Rights and Traditions

Customs, beliefs and traditions are recognized, protected and

guaranteed

Adopt measures to ensure mutual respect and protection of the distinct

beliefs, customs and traditions


Freedom from any form of discrimination on account of creed, religion,

ethnic origin, parentage or sex

o On Representation:

BTA

Representative in the BTA

Interim Cabinet: Indigenous Peoples Affairs

Gender and ethnic balance in the hiring process for the bureaucracy

Bangsamoro Parliament

2 reserved seats

Selection of nominees for reserved seats shall be pursuant to customary

laws and indigenous processes

Council of Leaders

Representative in the Council

Council shall advise the Chief Minister on matters of governance

Council shall also be organized during transition

Cabinet

Parliament shall create an appropriate office or ministry for IPs, which

shall be part of the Bangsamoro Cabinet

o On Governance:

Creation of LGUs: The Bangsamoro Parliament may likewise create appropriate

local government units in the areas inhabited predominantly by indigenous

peoples

Development Programs: The office or ministry for the Indigenous Peoples shall

develop and implement the Bangsamoro programs for the indigenous peoples

o On Justice and Security/Justice System in the Bangsamoro

The justice system in the Bangsamoro shall give primary consideration to

Shari’ah and customary rights and traditions of the indigenous peoples in the

Bangsamoro.

Traditional/Tribal Justice System

Justice system that is appropriate for indigenous peoples, as defined by

them.

Office for Traditional/Tribal Justice System

Ensure full participation of IPs in the formulation, implementation and

evaluation of policies related to the strengthening of tribal justice

system

Alternative Dispute Resolution (ADR)

Indigenous processes as alternative modes of dispute resolution

Public Order and Security

Recognition of indigenous structures or systems, which promote peace,

law, and order

Institutional support for these structures and systems to be provided

o On Natural Resources

Rights of Indigenous Peoples on Natural Resources

Share in revenues


Preferential rights in the EDU of natural resources

Right to free and prior informed consent in relation to development initiatives

Share of Indigenous Communities - An equitable share from the revenues

generated from the EDU of natural resources found within the territories

covered by a native title in their favor

Said shares of IP communities shall not be included in the amount to be

deducted from the block grant.

o On Mining

Exploration,

Development, and

Utilization of Fossil

Fuels and Uranium

- Preferential rights

to qualified citizens

who are bona fide

inhabitants of the

Bangsamoro

Subject to free and

prior informed consent of the indigenous peoples in whose territory such

natural resources are found

o On Waters

Zones of Joint Cooperation in the Sulu Sea and the Moro Gulf

Protection of the traditional fishing grounds;

Benefitting from the resources therein;

Ensuring the exercise of the preferential rights of the Bangsamoro

people and other indigenous peoples in the adjoining provinces

Women

o Social Justice and Basic Rights

Right of women to meaningful political participation and protection from all

forms of violence

Right to equal opportunity and non-discrimination in social and economic

activity and the public service

Protection against exploitation, abuse or discrimination

Right of women to engage in lawful employment

Parliament to enact laws for the protection and promotion of the rights of

women

o Participation and Representation

BTA – Representation in the BTA

Bureaucracy: Gender balance as factor in the hiring and placement

process

Council of Leaders – Representation in the Council of Leaders

Bangsamoro Cabinet – At least one (1) Cabinet member

Bangsamoro Parliament – Reserved Seat


Women’s representation also in other decision-making and policy-determining

bodies of the Bangsamoro Government in recognition of the important role of

women in nation-building and regional development

o Gender and Development

Bangsamoro GAD (Gender and Development) Plan

Mechanism for consultation with women and local communities for the

allocation and proper utilization of the funds

5% of the total budget appropriation of each ministry, office, and constituent

LGU

5-30% of the ODA (Official Development Assistance)

Children and Youth

o Basic Rights

The Bangsamoro Government shall uphold, respect, protect and promote the

fundamental rights children

Children, especially orphans of tender age, shall be protected from exploitation,

abuse or discrimination

Prohibition against engagement of minors in any hazardous or deleterious forms

of employment

Bangsamoro policies and programs must take into utmost consideration the

best interest of the child, non-discrimination of children, survival and

development, protection and rights of children, youth and adolescents.

Adopt measures for the protection of youth in the Bangsamoro and the

promotion of their welfare, and to create the appropriate office and other

mechanisms

o Education/Basic Rights

Right to free public education in the elementary and high school levels

A complete and integrated system of quality education, with an educational

framework that is relevant, and responsive to the needs, ideals, and aspirations

of the Bangsamoro

o Physical Education and Sports Development/Basic Rights

The Bangsamoro educational system shall develop and maintain an integrated

and comprehensive physical education program.

Develop healthy, disciplined innovative and productive individuals, and promote

good sportsmanship, cooperation and teamwork.

Encourage and support sports programs, league competitions, indigenous

games, martial arts, and amateur sports including training for regional, national

and international competitions.

That ends my presentation because Transitioning will be presented by Usec. Getty. Thank you.

TRANSITIONING by UNDERSECRETARY CLEOFE “GETTY” SANDOVAL (OPAPP)

Atty. Marlon (ALG): every time there is a discussion about the BBL, it is always cited that the

Bangsamoro is a sui generis entity. But even the law itself is also very special because it’s a deliverable,

in spite of an agreement, and eventually, should be accepted by the parties. This is the reason why there


is an exit document to confirm that those were indeed the agreements. It’s not the same as the other

laws being discussed in Congress that we can modify, have different versions, then try to consolidate.

This is a different law because aside from going through a plebiscite, it will also have to be faithful to the

agreements. Otherwise, there will be no exit documents, and therefore the agreements will not be

considered fulfilled. We always have to remember that this is primarily a deliverable primarily by the

Philippine government. We will now look at the overall context of the Comprehensive Agreement, and

what is the ideal situation – meaning how do we transition into the Bangsamoro entity in an orderly and

organized fashion? Assuming that we will not experience any problems with the plebiscite, or with the

Supreme Court, what is the ideal process of transition? We now call on Usec. Getty Sandoval for the

next presentation.

Usec. Getty (OPAPP): Thank you very much, Marlon. Good afternoon po sa lahat. The following will be

the outline of my presentation:

Road map

Normalization

Transition

IEC

Road Map:

The illustration on the

right is the roadmap

developed by both

panels.

The uppermost panel

represents the political

process. The process of normalization, in a nutshell, is described on the panel below that.

The political track. So far what we have

managed to accomplish are the top 4

circles with checks on them (up to filing

of the Bill in both Houses). You can see

that a lot (politically) still remains to be

done – from deliberations up to

plebiscite, up to the BTA taking place,

and up to the elections in 2016, and a

new Bangsamoro taking place.

What is the political objective?

o The main objective at this point is to pass the BBL

Which is faithful to the CAB

With excess of political capital


For BBL implementation:

o The plebiscite without reduction of existing ARMM territory at

the least

o Positive BTA Performance

o Elections with significant MILF elected to the BM assembly

Normalization

o The process through which communities affected by the decades-long armed conflict in

Mindanao can return to a peaceful life and pursue sustainable livelihoods free from fear

of violence and crime

o Normalization will simultaneously happen alongside the roadmap towards the creation

of the Bangsamoro.

o It aims to ensure human security in the Bangsamoro.

o It has three (3) components:

Security Aspect

Socio-economic development

Transitional justice and reconciliation

Process involved

o Transitional components of normalization

o Socio-economic programs

o Confidence-building measures

o Decommissioning of MILF forces

o Redeployment of AFP

o Policing

o Disbandment of private armed groups and other armed groups

o Transitional justice and reconcilitation

o The GPH and the MILF will work together to secure peace on the ground during

transition period through different

Transitional Components of Normalization

o The GPH and the MILF will work together to secure peace on the ground during

transition period through different mechanisms.

o To ensure effective security collaboration, three (3) joint mechanisms shall be

established:

The Joint Normalization Committee (JNC)

The Joint Peace and Security Committee (JPSC)

The Joint Peace and Security Teams (JPSTs)

o Alongside these new mechanisms, the International Monitoring Team (IMT), the GPH

and MILF Coordinating Committees on the Cessation of Hostilities (CCCHs) and Ad Hoc

Joint Action Groups (AHJAGs), including the ceasefire Local Monitoring Teams and the

AHJAG Team Sites, will continue to perform their functions. There will be periodic

review of these mechanisms to be done by the Parties to determine their transition into

other appropriate mechanisms in the normalization process.

o The Joint Normalization Committee (JNC) is tasked to undertake the primary functions

of coordinating the process of normalization.


o The Joint Peace and Security Committee (JPSC) will be under the JNC, with the following

functions:

Coordinate with the two Parties’ command structures on security arrangements

and relevant to its functions;

Develop policies and operational guidelines for the effective partnership of the

JPSTs; and

Coordinate the security arrangements for the activities related to the

implementation of the FAB and its Annexes.

o The Joint Peace and Security Teams (JPSTs) shall be the operating units composed of

contingents of the Armed Forces of the Philippines (AFP), the PNP, and the MILF’s

Bangsamoro Islamic Armed Forces (BIAF). These mechanisms shall work for the

maintenance of peace and order and the stability of the areas mutually identified by the

GPH and the MILF

The Joint Normalization Committee (JNC) – tasked to undertake the primary functions of

coordinating the process

o Co-Chairs: Dep Dir. Gen. Zenonida Brosas and Muhammad Nasif

o Members: Major General Leo Ferrer (ret.), MGen Ariel Bernanrdo (ret.) Atty. Naguib

Sinarimbo, Said Sheik

The Joint Peace and Security Committee (JPSC)

o Co-Chairs: PDIR Edgardo Ingking and Hussein Munoz

o Members: Col. Glenn Macasero INF (GSC) Philippine Army, Maj. Carlos Sol, Jr (INF), PA,

Musa Aspalan, Yasser Calandana

Socio Economic Development

o Both Parties agree to intensify development efforts for the rehabilitation,

reconstruction, and development of the Bangsamoro, and institute programs to address

the needs of BIAF members, internally displaced persons (IDPs), and poverty-stricken

communities.

o The socio-economic programs shall be community-based and must reinforce social

cohesion. These programs should also strengthen and preserve the unity of the

communities.

o The Parties shall also undertake a needs and skills assessment of BIAF members for

decommissioning in order to develop a responsive program that addresses their needs

and that of their communities.

Confidence building measures

o Transformation of camps

Task forces will assess the needs, plan appropriate programs, and undertake the

necessary measures to transform previously acknowledged MILF camps into

peaceful and productive communities

Camp Abubakar as-Siddique in Maguindanao

Camp Bilal in Lanao del Norte and Lanao del Sur

Camp Omar ibn al-Khattab in Maguindanao

Camp Rajamuda in North Cotabato and Maguindanao

Camp Badre in Maguindanao

Camp Busrah Somiorang in Lanao del Sur


Amnesty

Government shall take immediate steps through amnesty, pardon, and

other available processes towards the resolution of cases of persons

charged with or convicted of crimes and offenses connected to the

armed conflict in Mindanao.

Decommissioning of MILF forces and weapons

o Decommissioning is a process that includes activities aimed at achieving a smooth

transition for the BIAF members to productive civilian life.

o The MILF shall undertake a graduated program for decommissioning of its weapons and

forces so that they are put beyond use. This process shall be parallel and

commensurate to the implementation of all the agreements of the Parties.

o An Independent Decommissioning Body (IDB) composed of 3 foreign experts including

the chairperson, and 4 local experts jointly nominated by the Parties will be organized. It

will oversee the process of decommissioning of the MILF forces and weapons.

Independent Decommissioning body (IDB)

o Chair: HE Haydar Berk (Turkey)

o Members: BGen Jan Erik Wilhemsen Ret. (Norway), Major Muhammad Aiman Syazwi

bin Haji, Abdul Rahim (Brunei), LtGen Rey Ardo (Ret), Prof Mario Aguja, Von Al Haq, Isah

Bato

Redeployment of the AFP

o The government shall redeploy AFP units and troops from and within the Bangsamoro,

consistent with a normal and peaceful life and the progress in the other aspects of

normalization.

o There will be an orderly redeployment of AFP units and troops to avoid a security

vacuum in the Bangsamoro.

o The AFP shall only retain installations necessary for national defense and security.

o There shall be coordination between the Central Government and the Bangsamoro

Government in the movement of the AFP in the Bangsamoro.

Policing

o The Independent Commission on

Policing (ICP) is tasked to

recommend the appropriate

policing for the Bangsamoro that

will consider the cultural

sensitivities in the area vis-à-vis

constitutional parameters on there

being only one national police.

o On 14 April 2014, the ICP

transmitted to the GPH and MILF

Peace Panels their final report,

containing their recommendations for the police force in the Bangsamoro.

UXOs and landmines

o Both Parties commit to jointly undertake mines/unexploded ordinance (UXO) detection

and clearance (demining) as well as mine risk education.


Disbanding of Private Armed Groups (PAGs)

o The GPH, in coordination with the MILF, will conduct a corresponding assessment and

devise a plan for the disbandment of private armed groups.

Transitional justice and reconciliation

o A Transitional Justice and Reconciliation Commission (TJRC) shall be created to

undertake a study and recommend to the Panels the appropriate mechanisms to

address the legitimate grievances of the Bangsamoro people, correct historical

injustices, and address human rights violations.

o The TJRC shall be headed by a chairperson who is an international expert; The GPH and

MILF shall each nominate a representative to the TJRC.

The Transitional Justice and Reconciliation Commission (TJRC)

o Chair: Mo Bleeker

o Members: Atty. Cecilia Jimenez, Atty. Ishak Mastura

The Coordination Team for the Transition to the BTA

o Tasks:

In order to fulfill its mandate, the Coordination Team shall perform the

following tasks:

Facilitate the generation and sharing of necessary information related

to the transition to the BTA such as but not limited to the inventory of

personnel, programs, properties, assets and receivables that would be

turned over to the BTA;

Prepare reports containing such information and data, including

recommendations for the transition;

Request GPH and ARMM officials and employees, and other resource

persons, for information, data, reports, and advice as may be necessary;

Propose mechanisms, guidelines and processes necessary to help

facilitate the transfer of functions of the ARMM and other relevant

national agencies to the BTA; and

Craft and oversee a communication plan that will address concerns of

the stakeholders both within ARMM and other observers of the GPH-

MILF peace process

o Composition:

The Coordination Team shall be composed of five (5) representatives from the

GPH coming from OPAPP and the Autonomous Regional Government and five

(5) representatives from the MILF

The Team may constitute working groups as may be necessary

On IECs

o Resource persons –PAPP, panel, legal team, OPAPP Executives

o Production of materials- Q&A, leaflets, visual aids, comics

o Engagements with stakeholders – National level and in Mindanao: legislators, local

government officials, executive branch, media

o Training – government stakeholders

o Partnership with CSOs


Challenge to CSOs

o Changed political arena: from generic peace advocacy support to strategic political

support

o Translate mass support to what can be picked up by media/opinion shapers and

especially Congress

o Proactively engage in the legal/technical discourse

o Lobby your Congress rep in a way that will count politically

o Don’t ignore the other tracks in the roadmap

o Pray

Usec. Getty (OPAPP): Yes, let us not forget to pray. The question posed in the title of our activity is that

is the Bangsamoro Basic Law the right path to peace? We certainly hope so. So let us not forget to pray

that this will indeed be the right path to peace and development. Thank you very much and good

afternoon to everyone.

Atty. Marlon (ALG): Before we even reached the BBL, we have to look back to the Constitution, and the

creation of the ARMM that we have now was made possible by an opening created in the 1987

Constitution. We have a Constitution that has specific provisions for the creation of 2 autonomous

regions – one for Mindanao, and another one in the Cordilleras, except that the Cordillera Organic Act

was not approved (because it was approved in only one province during the plebiscite). It was said that

only one province cannot stand as an autonomous region. But for Mindanao, we have the law, and the

law had been amended a number of times. And now we return to that opening created in the

Constitution for the establishment of the Bangsamoro. By 2017, our Constitution will be 30 years old.

Fortunately, we still have some living members of the Constitutional Commission. In fact, we counted

about 18 of the 48 Constitutional Commissioners are still alive. Despite the 3 decades that had passed,

we have not yet seen the reality that was envisioned. So we now call on one of the living members of

the Constitutional Commission to give his recollections and insights about the discussions in the 1986

Constitutional Commission, and also some insights that could hopefully guide us in the discussion of

another attempt to be faithful to the 1987 Constitution. Please give a warm welcome to Atty. Christian

Monsod.

SOME RECOLLECTIONS ON THE DISCUSSIONS IN THE CONSTITUTIONAL COMMISSION by ATTY.

CHRISTIAN MONSOD

Atty. Christian Monsod: Thank you very much, Marlon, and good afternoon. By the way, 4 of the 18 are

already bedridden, so there are only 14 persons left standing. Anyway, I was asked to touch on the

deliberations, as well as the intent of the Constitution with respect to the ARMM.

You know, when this was being deliberated in the Constitutional Commission, the report of the

Committee on Local Government that was submitted for deliberation had the intent to create or arrive

at eventually the regionalization of the Philippines, where there will be autonomous regions all over the

country. It was originally considered, not only for the Cordilleras or for Muslim Mindanao, but for the

entire Philippines. There will be autonomous regions all over the country. So the Constitution opens the

door to that. It was not only about Muslim Mindanao and the Cordilleras, but for the entire country,

because the authors of that committee said they don’t think that the unitary system in the Philippines

has worked, and will never work.


However, in the deliberations of the

Commission, it came out that based on

our consultations (we went into

consultations before we started writing

the Constitution), the intent was not to

fragmentize the whole country into many

autonomous regions, but only 2 areas.

And the reasons for that are unique to

those 2 areas.

So you now have presentations of the reasons for the autonomous regions that say it is because of their

unique socio-cultural, economic and political context. But you will note in that provision in the

Constitution, the word “historical” stands out because it was acknowledged in the deliberations that a

very big part of the reason for the autonomous regions in these 2 areas is their history of oppression and

discrimination.

In fact, it was (former Senator Blas) Ople who said that when we started talking about this, the people

asked, why can’t it apply to the Christians of Central Luzon, or Ilocos Norte, or so on and so forth. He

said they are the ones who are doing the discrimination. The peoples of the Cordilleras always felt, or

were made to feel, inferior – so it was about time to break that. And this ties up with the major concept

at the very heart of our Constitution, which is social justice.

If you are going to allow freedom of movement, freedom of economic choices, etc – you must first

adjust the starting position. Unless you have adjusted the starting position, it will not result in the

maximization of any economic or social objectives because there has been a history of oppression and

neglect. So if you read Article 10, Section 1, it says “The territorial and political subdivisions of the

Republic of the Philippines are the provinces, cities, municipalities, and barangays. There shall be

autonomous regions in Muslim Mindanao and the Cordilleras as hereinafter provided.” Essentially, even

I at that time of the hearing was asking isn’t that just another way of expressing local government

autonomy? But the Constitutional Commission said that no, we must distinguish between the LGUs that

are not autonomous regions, and the 2 that are autonomous regions.

So it has been mentioned a number of times that it is sui generis. It is of a class or kind of its own.

Secondly, because of the fact that it was sui generis, it will necessarily have an asymmetric relationship

with the Central Government and with the LGUs. And because of the asymmetric relationship, the

results will also be asymmetric – which was really intended. So if the autonomous regions get 75% of the

share of the mineral resources, instead of the 1% given to the IPs, that is one of the asymmetric results

that were really intended to happen.

Section 2. The question there is can there be a ministerial form of government, and is that consistent

with our unitary system of government? That was discussed lengthily during the deliberations. If you

read section 2, the minimum requirement is that there should be an executive and legislative assembly

which must be elective. It does not say they should be elected directly by the people, but elective. If

these people are elected by those who are elected as the representatives, such as the Prime Minister,

that is not a violation of the Constitutional provision. As a matter of fact, there is nothing in the

Constitution that requires that the LGUs, whether they are autonomous or not, that they should be


unitary. So there is nothing in the Constitution that will prohibit the ministerial form of government that

we are talking about. Doesn’t the Vice Mayor preside in the Municipal Council? That is a variation of a

parliamentary system.

We gave the Congress broad powers to determine the structure and powers of the autonomous region.

So you don’t need to amend the Constitution – you just need to amend the law. And that is what the

BBL’s intent is. When people ask how do you mix forms of government, like unitary and federal,

parliamentary and presidential. Let’s take the US – they are presidential and federal. The UK – they are

unitary and parliamentary. France – unitary and parliamentary as well, but they have a President.

The question of territory. I read the opinion of Justice Mendoza, former justice of the Supreme Court,

where he talks about territory and defines it using the definition in Black’s Legal Dictionary. You know

that in international law, there is no super body that dictates to nations how to define themselves.

International law is based on a communal system that depends on the acceptance of the different

states.

The US has territories in the South Pacific. And they are called territories because in their case, that is

the next step to independence, and some of them had already become independent. They are now

members of the United Nations even if their population is very, very small. That was the starting point

for Justice Mendoza to say please use the word “territory” because it means that the intent of the

Bangsamoro is to eventually secede and become independent because that was the logical staging of all

of these other things. Actually, the word territory was a US invention, and other countries followed it,

accepted it, and now is that supposed to be an iron-clad law of how to define the word territory? If you

take a look at the language of many constitutions and peace processes all over the world, I am told there

have been over 600 peace pacts all over the world involving over 90 jurisdictions, and for example, the

word “nation” – in Spain, they call the other areas “nations” but that doesn’t mean they are out of

sovereignty or territory. Even the word “sovereignty” – the US uses the word very loosely, and they talk

about the tribal sovereignty of American Indians. They used the word sovereignty loosely - is that an

offense? It doesn’t mean that the US does not have jurisdiction over that area. So we must not allow

ourselves to get tied down by certain meanings that were made by other countries. We can define for

ourselves what we mean by territory. We can define what we mean by Bangsamoro, because that is

really ours to decide. And the legitimacy of our own definition depends on the acceptance of other

countries of the world.

My understanding is that in many of the countries which have been refused recognition by the family of

nations have certain parts of their countries secede and become independent, and there is nothing in

their constitution that allows that. So when a unit of a country secedes and declares independence, it is

my understanding that it is not recognized by the family of nations, because it is not allowed in their

constitution.

If you read the BBL, there is nothing there about preparatory to independence or secession. So if the

Bangsamoro launches acts that are clearly leading to that, we can stop them, and we would have the

support of the family of nations. Under the SC decision, they said there were no consultations. But there

were in fact consultations. They said that there was no transparency. But there was really a lot of

transparency. Mendoza says, which is reflected in the Constitution – that the Bangsamoro territory is to

consider it a part of the Philippines. The definition of the Bangsamoro people on the bill, has the same

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