Bronx Pido Hebrona7 October 2012The 2012 Framework Agreement on the BangsamoroMANILA, Oct. 7 (PNA) -- Following is the text of the framework agreement between the Philippine Government and the Moro Islamic Liberation Front on the creation of the Bangsamoro:FRAMEWORK AGREEMENT ON THE BANGSAMOROThe Philippine Government (GPH) and the Moro Islamic Liberation Front (MILF) herein referred to as the Parties to this Agreement,HAVE AGREED AND ACKNOWLEDGED AS FOLLOWS:I. ESTABLISHMENT OF THE BANGSAMORO1. The Parties agree that the status quo is unacceptable and that the Bangsamoro shall be established to replace the Autonomous Region in Muslim Mindanao (ARMM). The Bangsamoro is the new autonomous political entity (NPE) referred to in the Decision Points of Principles as of April 2012.2. The government of the Bangsamoro shall have a ministerial form.The Parties agree to entrench an electoral system suitable to a ministerial form of government. The electoral system shall allow democratic participation, ensure accountability of public officers primarily to their constituents and encourage formation of genuinely principled political parties. The electoral system shall be contained in the Bangsamoro Basic Law to be implemented through legislation enacted by the Bangsamoro Government and correlated with national laws.3. The provinces, cities, municipalities, barangays and geographic areas within its territory shall be the constituent units of the Bangsamoro.The authority to regulate on its own responsibility the affairs of the constituent units is guaranteed within the limit of the Bangsamoro Basic Law. The privileges already enjoyed by the local government units under existing laws shall not be diminished unless otherwise altered, modified or reformed for good governance pursuant to the provisions of the Bangsamoro local government code.4. The relationship of the Central Government with the Bangsamoro Government shall be asymmetric.

5. The Parties recognize Bangsamoro identity. Those who at the time of conquest and colonization were considered natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands including Palawan, and their descendants whether of mixed or of full blood shall have the right to identify themselves as Bangsamoro by ascription or self-ascription.Spouses and their descendants are classified as Bangsamoro. The freedom of choice of other Indigenous peoples shall be respected.II. BASIC LAW1. The Bangsamoro shall be governed by a Basic Law.2. The provisions of the Bangsamoro Basic Law shall be consistent with all agreements of the Parties.3. The Basic Law shall reflect the Bangsamoro system of life and meet internationally accepted standards of governance.4. It shall be formulated by the Bangsamoro people and ratified by the qualified voters within its territory.III. POWERS1. The Central Government will have reserved powers, the Bangsamoro Government shall have its exclusive powers, and there will be concurrent powers shared by the Central Government and the Bangsamoro Government.The Annex on Power Sharing, which includes the principles on intergovernmental relations, shall form part of this Agreement and guide the drafting of the Basic Law.2. The Central Government shall have powers on: a) Defense and external security b) Foreign policy c) Common market and global trade, provided that the power to enter into economic agreements already allowed under Republic Act No. 9054 shall be transferred to the Bangsamoro d) Coinage and monetary policy e) Citizenship and naturalization f) Postal serviceThis list is without prejudice to additional powers that may be agreed upon by the Parties.3. The Parties recognize the need to strengthen the Shari’ah courts and to expand their jurisdiction over cases. The Bangsamoro shall have competence over the Shari’ah justice system. The supremacy of

Shari’ah and its application shall only be to Muslims.4. The Bangsamoro Basic Law may provide for the power of the Bangsamoro Government to accredit halal-certifying bodies in the Bangsamoro.5. The Bangsamoro Basic Law shall provide for justice institutions in the Bangsamoro. This includes:a) The competence over the Shari’ah justice system, as well as the formal institutionalization and operation of its functions, and the expansion of the jurisdiction of the Shari’ah courts; b) Measures to improve the workings of local civil courts, when necessary; and c) Alternative dispute resolution systems.6. The customary rights and traditions of indigenous peoples shall be taken into consideration in the formation of the Bangsamoro’s justice system. This may include the recognition of indigenous processes as alternative modes of dispute resolution.IV. REVENUE GENERATION AND WEALTH SHARING1. The Parties agree that wealth creation (or revenue generation and sourcing) is important for the operation of the Bangsamoro.2. Consistent with the Bangsamoro Basic Law, the Bangsamoro will have the power to create its own sources of revenues and to levy taxes, fees, and charges, subject to limitations as may be mutually agreed upon by the Parties. This power shall include the power to determine tax bases and tax rates, guided by the principles of devolution of power, equalization, equity, accountability, administrative simplicity, harmonization, economic efficiency, and fiscal autonomy.3. The Bangsamoro will have the authority to receive grants and donations from domestic and foreign sources, and block grants and subsidies from the Central Government. Subject to acceptable credit worthiness, it shall also have the authority to contract loans from domestic and foreign lending institutions, except foreign and domestic loans requiring sovereign guaranty, whether explicit or implicit, which would require the approval of the Central Government.4. The Bangsamoro shall have a just and equitable share in the revenues generated through the exploration, development or utilization of natural resources obtaining in all the areas/territories,

land or water, covered by and within the jurisdiction of the Bangsamoro, in accordance with the formula agreed upon by the Parties.5. The Bangsamoro may create its own auditing body and procedures for accountability over revenues and other funds generated within or by the region from external sources. This shall be without prejudice to the power, authority and duty of the national Commission on Audit to examine, audit and settle all accounts pertaining to the revenues and the use of funds and property owned and held in trust by any government instrumentality, including GOCCs.6. The details of revenue and wealth sharing arrangements between the Central Government and the Bangsamoro Government shall be agreed upon by the Parties. The Annex on Wealth Sharing shall form part of this Agreement.7. There shall be an intergovernmental fiscal policy board composed of representatives of the Bangsamoro and the Central Government in order to address revenue imbalances and fluctuations in regional financial needs and revenue-raising capacity. The Board shall meet at least once in six months to determine necessary fiscal policy adjustments, subject to the principles of intergovernmental relations mutually agreed upon by both Parties. Once full fiscal autonomy has been achieved by the Bangsamoro then it may no longer be necessary to have a representative from the Central Government to sit in the Board. Fiscal autonomy shall mean generation and budgeting of the Bangsamoro’s own sources of revenue, its share of the internal revenue taxes and block grants and subsidies remitted to it by the central government or any donor.8. The Parties agree that sustainable development is crucial in protecting and improving the quality of life of the Bangsamoro people. To this end, the Bangsamoro shall develop a comprehensive framework for sustainable development through the proper conservation, utilization and development of natural resources. For efficient coordination and assistance, the Bangsamoro legislative body shall create, by law, an intergovernmental body composed of representatives of the Bangsamoro and the Central Government, which shall ensure the harmonization of environmental and developmental plans, as well as formulate common environmental objectives.

V. TERRITORY1. The core territory of the Bangsamoro shall be composed of: (a) the present geographical area of the ARMM; (b) the Municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan and Tangkal in the province of Lanao del Norte and all other barangays in the Municipalities of Kabacan, Carmen, Aleosan, Pigkawayan, Pikit, and Midsayap that voted for inclusion in the ARMM during the 2001 plebiscite; (c) the cities of Cotabato and Isabela; and (d) all other contiguous areas where there is a resolution of the local government unit or a petition of at least 10 percent of the qualified voters in the area asking for their inclusion at least two months prior to the conduct of the ratification of the Bangsamoro Basic Law and the process of delimitation of the Bangsamoro as mentioned in the next paragraph.2. The Parties shall work together in order to ensure the widest acceptability of the Bangsamoro Basic Law as drafted by the Transitory Commission and the core areas mentioned in the previous paragraph, through a process of popular ratification among all the Bangsamoro within the areas for their adoption. An international third party monitoring team shall be present to ensure that the process is free, fair, credible, legitimate and in conformity with international standards.3. Areas which are contiguous and outside the core territory where there are substantial populations of the Bangsamoro may opt anytime to be part of the territory upon petition of at least 10 percent of the residents and approved by a majority of qualified voters in a plebiscite.4. The disposition of internal and territorial waters shall be referred to in the Annexes on Wealth and Power Sharing.5. Territory refers to the land mass as well as the maritime, terrestrial, fluvial and alluvial domains, and the aerial domain and the atmospheric space above it. Governance shall be as agreed upon by the Parties in this agreement and in the sections on wealth and power sharing.6. The Bangsamoro Basic Law shall recognize the collective democratic rights of the constituents in the Bangsamoro.VI. BASIC RIGHTS1. In addition to basic rights already enjoyed, the following rights of all

citizens residing in the Bangsamoro bind the legislature, executive and judiciary as directly enforceable law and are guaranteed:a. Right to life and to inviolability of one’s person and dignity; b. Right to freedom and expression of religion and beliefs; c. Right to privacy; d. Right to freedom of speech; e. Right to express political opinion and pursue democratically political aspiration; f. Right to seek constitutional change by peaceful and legitimate means; g. Right of women to meaningful political participation, and protection from all forms of violence; h. Right to freely choose one’s place of residence and the inviolability of the home; i. Right to equal opportunity and non-discrimination in social and economic activity and the public service, regardless of class, creed, disability, gender and ethnicity; j. Right to establish cultural and religious associations; k. Right to freedom from religious, ethnic and sectarian harassment; and l. Right to redress of grievances and due process of law.2. Vested property rights shall be recognized and respected. With respect to the legitimate grievances of the Bangsamoro people arising from any unjust dispossession of their territorial and proprietary rights, customary land tenure or their marginalization shall be acknowledged. Whenever restoration is no longer possible, the Central Government and the Government of the Bangsamoro shall take effective measures for adequate reparation collectively beneficial to the Bangsamoro people in such quality, quantity and status to be determined mutually.3. Indigenous peoples’ rights shall be respected.4. The Central Government shall ensure the protection of the rights of the Bangsamoro people residing outside the territory of the Bangsamoro and undertake programs for the rehabilitation and development of their communities. The Bangsamoro Government may provide assistance to their communities to enhance their economic, social and cultural development.VII. TRANSITION AND IMPLEMENTATION1. The Parties agree to the need for a transition period and the institution of transitional mechanisms.2. The Parties agree to adopt and incorporate an Annex on Transitional Arrangements and Modalities, which forms a part of this Framework Agreement.

3. There shall be created a Transition Commission through an Executive Order and supported by Congressional Resolutions.4. The functions of the Transition Commission are as follows:a. To work on the drafting of the Bangsamoro Basic Law with provisions consistent with all agreements entered and that may be entered into by the Parties; b. To work on proposals to amend the Philippine Constitution for the purpose of accommodating and entrenching in the Constitution the agreements of the Parties whenever necessary without derogating from any prior peace agreements; c. To coordinate whenever necessary development programs in Bangsamoro communities in conjunction with the MILF Bangsamoro Development Agency (BDA), the Bangsamoro Leadership and Management Institute (BLMI) and other agencies.5. The Transition Commission shall be composed of 15 members all of whom are Bangsamoro. Seven members shall be selected by the GPH and eight members, including the Chairman, shall be selected by the MILF.6. The Transition Commission will be independent from the ARMM and other government agencies. The GPH shall allocate funds and provide other resources for its effective operation. All other agencies of government shall support the Transition Commission in the performance of its tasks and responsibilities until it becomes functus oficio and cease to exist.7. The draft Bangsamoro Basic Law submitted by the Transition Commission shall be certified as an urgent bill by the President.8. Upon promulgation and ratification of the Basic Law, which provides for the creation of the Bangsamoro Transition Authority (BTA), the ARMM is deemed abolished.9. All devolved authorities shall be vested in the Bangsamoro Transition Authority during the interim period. The ministerial form and Cabinet system of government shall commence once the Bangsamoro Transition Authority is in place. The Bangsamoro Transition Authority may reorganize the bureaucracy into institutions of governance appropriate thereto.10. The Bangsamoro Transition Authority shall ensure that the continued functioning of government in the area of autonomy is exercised pursuant to its mandate under the Basic Law. The

Bangsamoro Transition Authority will be immediately replaced in 2016 upon the election and assumption of the members of the Bangsamoro legislative assembly and the formation of the Bangsamoro government.11. There will be created a third party monitoring team to be composed of international bodies, as well as domestic groups to monitor the implementation of all agreements.12. At the end of the transition period, the GPH and MILF Peace Negotiating Panels, together with the Malaysian Facilitator and the Third Party Monitoring Team, shall convene a meeting to review, assess or evaluate the implementation of all agreements and the progress of the transition. An ‘Exit Document’ officially terminating the peace negotiation may be crafted and signed by both Parties if and only when all agreements have been fully implemented.13. The Negotiating Panel of both Parties shall continue the negotiations until all issues are resolved and all agreements implemented.VIII. NORMALIZATION1. The Parties agree that normalization is vital to the peace process. It is through normalization that communities can return to conditions where they can achieve their desired quality of life, which includes the pursuit of sustainable livelihoods and political participation within a peaceful deliberative society.2. The aim of normalization is to ensure human security in the Bangsamoro. Normalization helps build a society that is committed to basic human rights, where individuals are free from fear of violence or crime and where long-held traditions and value continue to be honored. Human insecurity embraces a wide range of issues that would include violation of human and civil rights, social and political injustice and impunity.3. As a matter of principle, it is essential that policing structure and arrangement are such that the police service is professional and free from partisan political control. The police system shall be civilian in character so that it is effective and efficient in law enforcement, fair and impartial as well as accountable under the law for its action, and responsible both to the Central Government and the Bangsamoro Government, and to the communities it serves.

4. An independent commission shall be organized by the Parties to recommend appropriate policing within the area. The commission shall be composed of representatives from the parties and may invite local and international experts on law enforcement to assist the commission in its work.5. The MILF shall undertake a graduated program for decommissioning of its forces so that they are put beyond use.6. In a phased and gradual manner, all law enforcement functions shall be transferred from the Armed Forces of the Philippines (AFP) to the police force for the Bangsamoro.The Parties agree to continue negotiations on the form, functions and relationship of the police force of the Bangsamoro taking into consideration the results of the independent review process mentioned in paragraph 4.7. The Joint Coordinating Committees on Cessation of Hostilities (JCCCH) as well as the Ad hoc Joint Action Group (AHJAG) with the participation of the International Monitoring Team (IMT) shall continue to monitor the ceasefire agreement until the full decommissioning of the MILF forces. These existing coordinating mechanisms shall be the basis for the creation of a Joint Normalization Committee (JNC) to ensure the coordination between the Government and remaining MILF forces, and through which MILF shall assist in maintaining peace and order in the area of the Bangsamoro until decommissioning shall have been fully completed.8. Both Parties commit to work in partnership for the reduction and control of firearms in the area and the disbandment of private armies and other armed groups.9. The details of the normalization process and timetables for decommissioning shall be in an Annex on Normalization and shall form part of this Agreement.10. The Parties agree to intensify development efforts for rehabilitation, reconstruction and development of the Bangsamoro, and institute programs to address the needs of MILF combatants, internally displaced persons, and poverty-stricken communities.11. The Parties recognize the need to attract multi-donor country support, assistance and pledges to the normalization process. For this purpose, a Trust Fund shall be established through which urgent

support, recurrent and investment budget cost will be released with efficiency, transparency and accountability. The Parties agree to adopt criteria for eligible financing schemes, such as, priority areas of capacity building, institutional strengthening, impact programs to address imbalances in development and infrastructures, and economic facilitation for return to normal life affecting combatant and non-combatant elements of the MILF, indigenous peoples, women, children, and internally displaced persons.12. The Parties agree to work out a program for transitional justice to address the legitimate grievances of the Bangsamoro people, correct historical injustices, and address human rights violations.IX. MISCELLANEOUS1. This Agreement shall not be implemented unilaterally.2. The Parties commit to work further on the details of the Framework Agreement in the context of this document and complete a comprehensive agreement by the end of the year. (PNA)

THE TIME IS NOW BEFORE IT'S TOO LATE:Disintegration of Mindanao from the Republic of the Philippines by making it a Bangsa Moro Republic does not absolutely end the impending problem. We have MILF, BIFF, etc. I say, it's time for the Philippine Government to turn this beloved country into a FEDERAL REPUBLIC OF THE PHILIPPINES! The political leaders and lawmakers MUST SERIOUSLY TALK ABOUT THE TRANSFORMATION OF THE PHILIPPINES INTO A FEDERAL STATE. NOW IS THE TIME. Crystal as water, Mindanao BEFORE and NOW as a disenfranchise island from the national government is an INNOCENT VICTIM OF ABUSES. The present CONFLICT in Zamboaga City and other places in the region CALLS for leaders of this country to FIND A CONCRETE SOLUTION unto a GODLY GOVERNANCE. We haven't even RESOLVE the PORK BARREL SCAM!!! JUDICIAL PROCESS IS VERY SLOW!!!!CLEAN THE SYSTEM!!! GODLINESS!!! GODLINESS!!! GODLINESS AND RIGHTEOUSNESS!!!Wake up from slumber fellow Filipinos of this DEAR REPUBLIC OF THE PHILIPPINES!!!

MSU AND THE BANGSAMORO ENTITYThere is a raging debate in cyberspace among MSU alumni on the issue of whether or not to transfer the main campus of MSU from Marawi City to elsewhere. The debate sprang from the recent killing of MSU professor Othello Cobal and his assistant and the inability of the authorities to arrest the perpetrators of the dastardly crime. The killing is the latest of the many unsolved crimes that have been committed inside the MSU Marawi Campus through the years. I suggest to my fellow alumni to stop the debate – which already have soured some friendships-- and wait for a little time.I think the solution to the MSU Main Campus peace and security problem is at hand.I have no doubt in my mind that the Bangsamoro Entity, as envisioned by the GRP Peace Panel and the MILF, will come to exist. It is only a matter of time. When that happens, the problem that we are now ardently, and sometimes bitterly, debating about will be solved.What are now MSU Marawi, MSU Dinaig, MSU TCTO and MSU Sulu will become the Bangsamoro University System. It will be governed by a board of regents composed of Bangsamoro people. The Bangsamoro people will make the Bangsamoro University System comparable to the best university in the country. The only way to make that happen is to strive for academic excellence, and a conditio sine qua non for academic excellence is peace and security in the campuses. Discipline will be imposed, crime investigation, detection and prosecution will be sharpened. Bangsamoro and other Filipino scholars all over the country will flock to this new university.It will not be the people in faraway Manila – with so many alien interests and distractions in their minds-- who will call the shots. It will be the Bangsamoro people – idealistic revolutionaries they are -- whose hearts beat and bleed for their lands and for their fellow Bangsamoros more intensely than any other Filipino heart does.

Vir. si Romeo Magsalos ra ba Provincial PNP Commnader Lanao del Norte.5 November 2012 at 19:52 · Like

Grace Farnazo Inshaallah!5 November 2012 at 19:59 · Like · 1

Shiek Abdelkhaliq Marohombsar Macabato Well written. We concur, sir.5 November 2012 at 20:07 · Like

David Tauli Vir Alconera has a good vision about what the Bangsamoro could do for MSUthat has not been done by the national government. But the Bangsamoro stillhas to establish itself as an Entity capable of doing that. At this time it...See More6 November 2012 at 11:06 · Like · 3

Tingting Conol after the bangsamoro Framework agreement signed let's have the transition team to work .I doubt if delayed in implementation and awaits after the 2013 election a possible change of agreement for another presidential election 2016 and comes another administration. PEACE and UNITY are unseperable,unbreakable too.

October 26, 2012His ExcellencyBENIGNO S. AQUINO IIIPresidentRepublic of the PhilippinesDear Mr. President,In 1961 an ambitious dream was born. Mindanao State University was born. A university in Morolandia overlooking the picturesque Lanao Lake; where students and scholars from the Tri-peoples of Mindanao, Sulu, and Palawan converge in pursuit of academic excellence, cultural integration, and peace.Since then, thousands of poor but very bright and promising young students from the MinSuPala region have been trained and educated. Many of them are now very successful professionals and entrepreneurs.Their memory of MSU Main Campus in Marawi is one of a foggy landscape, serene, beautiful, quiet punctuated only with laughter, cloudy but lit by friendship and dreams, rural but intellectually stimulating; an exclusive place for those who pass the tough entrance exams and the even tougher academic standards. MSU to them was almost like heaven here on earth.

But that MSU is no more Mr. President.MSU today is no longer exclusive. Squatters have built mansions inside the campus. Sadly many of the mansions are owned by Mayors and leaders of the various municipalities of Lanao de Sur. They stake lands, build their fortresses, tag along their armed guards with impunity.MSU is no longer serene and beautiful. It is dirty, noisy, unkempt, and stinky.MSU is no longer safe. Unlike before when the library was open until nighttime; unlike before when university activities could be held at night and students freely roamed around in safety. MSU today with rampant criminality seems to be a haven for drug dealers, thieves, rapists, and killers. Everyone can freely enter the campus. Nobody checks. Nobody cares. You could literally walk into the campus wearing a Bilibid uniform and nobody will stop you.Yesterday, a Philosophy professor who helped many scholars finish college, who helped introduce debating and public speaking to students all over Mindanao, who was visionary enough to have put up the first internet cafe on campus, who mentored many lives, was robbed, killed, strapped in a chair and burned together with his internet shop. We cry justice for Professor Othello Cobal!His death is just one of a series of incidents in MSU. Many of them unreported. Just these last few weeks, several robbery cases happened. Among the worst, the College of Hotel and Restaurant Management was robbed and their entire building complex burned down. Many victims and their families opt to just keep quiet thinking that nothing can be done and nothing will change.The leadership seems helpless Mr. President. And the general feeling is the leadership does not care.The last time MSU had the semblance of order and direction was when former PNP general Ricardo De Leon was appointed President. Those were some of the most peaceful months. It was then that MSU somehow reclaimed its lost beauty and stability. It was then that many MSU constituents reclaimed their dreams. But as soon as Mr. De Leon left, the University slid back, even deeper, in the quagmire of apathy and mediocrity.Some protested the supposed "militarization' of MSU during

President De Leon's term. But knowing the kind of threat currently existing, many are beginning to think that a stronger hand might be necessary. There are so many complications. There is even a Ponzi scheme in Marawi that is bigger than any ever seen in the country; that is threatening the stability of the University too.We do not know the exact solution Mr. President. We suggest you meet with former MSU President De Leon and other members of the MSU alumni to form an intervention plan. We hope you would do so very soon.Why do we still care sir when we have all left MSU? Because so long as MinSUPala is poor, we know the bright students of the region who come from the poorest families will continue to flock to MSU every year, despite the risks, because they do not have a choice. MSU to this day remains as the only University in the country that offers the cheapest fees, cheapest cost of living, with nationally competitive academic standards.Mr. President I work as the CEO/Director General of the Jesus University of Development Education Ambassadors (JUDEA), an NGO founded by yours truly that promote English public speaking and debating using parliamentary debate format in the poor and isolated public schools in Northeastern Mindanao with the help of Othello Cobal. JUDEA hosted and founded the Caraga Schools Debating Championships and Mindanao Schools Debating Championships through the aid of that person. I do it because of love and passion to educate poor teachers and students through volunteerism. I cannot sleep unless the government will do something to vindicate his death. I am proudly an MSU graduate. So for the sake of poor MSU students like me before, I plead you to please help save MSU.I believe strongly that MSU is a microcosm of the Bangsamoro Region. It is closest to an ideal Bangsamoro community. MSU can be proof and should be proof that great things can come out of the Bangsamoro region. May God give you wisdom as you act on this problem. I pray you act swiftly so lives can be saved.Very truly yours,

Dominador Datahan Magarin

Founder/CEO/Director General, JUDEA

THERE IS CAUSE FOR CELEBRATIONThe Framework Agreement may be vague, but there is cause for celebration: the guns are silent in Mindanao; every worshipper is assured that his communion with his God is not disrupted by a bomb; every traveler from Mindanao to elsewhere is at peace that he and his plane will reach their destination.That the MILF has agreed that the Congress will be the source of the Bangsamoro Basic Law is a cause for celebration.

Roderick M Orallo msu could be one leading proof indeed that great things can come out of the bangsamoro region. the govt should bring back the glory that msu carried at its conceptualization. shouldnt the distinguished alumni of the msu be part of it and make a large contribution towards that effort?

The RP-MILF framework agreement (Part 2)By Fr. Joaquin G. Bernas S. J.Philippine Daily Inquirer1:53 am | Monday, October 22nd, 2012

There was big hoopla at the signing of the Framework Agreement on the Bangsamoro between the Philippine government and the Moro Islamic Liberation Front last week. I found that somewhat amusing because one of the clearest characteristics of the agreement is its lack of clarity. It leaves so much unsaid. As the agreement itself says, “The Parties commit to work further on the details of the Framework Agreement in the context of this document and complete a comprehensive agreement by the end of the year.” So what did the parties really agree about beyond agreeing to continue working?Moreover, what will be achieved by the end of the year—that is, a little over two months from now—will not yet be the peace agreement itself but the guidelines to be followed in formulating the substantive provisions of the peace agreement. The full peace agreement will be the Basic Law formulated by Congress and approved in a plebiscite by the constituent units. Year 2016 seems to be the target.

Let me now comment on some possible constitutional issues which need elaboration. The “ministerial” concept has been criticized. I have no problem with it even if I don’t know what is exactly meant by it. I guess it can mean either a Cabinet form or a parliamentary form of government.  Whatever it is, it really makes no problem because, while the Constitution specifies a presidential form of national government, it does not have the same prescription for local governments. We might recall that Metro Manila had a “commission form” of government which was neither prescribed nor prohibited by the 1973 Constitution.More crucial is the envisioned relationship between the central government and the Bangsamoro government. It is called “asymmetric.”  Again I do not know what this is meant to hide. Could it be that the framework is just avoiding the term “associative” found in the Memorandum of Agreement on Ancestral Domain (MOA-AD) of 2008? If this is the case, we have to recall what the Supreme Court said of that relationship. The Court rejected it as having no place in the Constitution.Of course, the 2008 Court was referring to specific provisions of the MOA-AD containing the “associative” principle. We do not yet know what the current Court might say since we have not yet been told what the framework means by “asymmetric” relationship.Central to the formulation of the Basic Law will be the role of Congress.  It is Congress that will enact the Organic Act for the autonomous region.  The shape of Congress that will enact the Basic Law will be affected by the coming national elections. The senatorial and congressional campaigns, especially in regions that will be affected by the desired Bangsamoro Basic Law, will have to take into consideration the sentiment of voters in those areas.

In framing the Bangsamoro Basic Law, the main guide should be the Constitution. This is not clearly reflected in the framework. The framework says that the “provisions of the Bangsamoro Basic Law shall be consistent with all agreements of the Parties.” Similarly, it says that the “Bangsamoro shall have a just and equitable share in the revenues generated through the exploration, development or utilization of natural resources obtaining in all the areas/territories, land or water, covered by and within the jurisdiction of the Bangsamoro, in accordance with the formula agreed upon by the Parties.” This seems to mean that Congress, in the formulation of the Basic Law, must accept any agreement of the parties. This seems to make Congress a rubber stamp for whatever the agreement wants. Again, this needs clarification.The framework recognizes as possessing the Bangsamoro identity those “who at the time of conquest and colonization were considered natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands including Palawan, and their descendants whether of mixed or of full blood” together with their “spouses and descendants,” but adding that the “freedom of choice of other indigenous peoples shall be respected.” This is the same as the provision in the MOA-AD.Will this satisfy those who are not indigenous Moros? Both the MOA-AD and the

framework lump together the identities of the Bangsamoro and other indigenous peoples living in Mindanao, including Palawan. More acceptable is the provision of the current Organic Act which distinguishes the Bangsamoro people (that is, those who are believers in Islam and who have retained some or all of their own social, economic, cultural and political institutions) and other tribal peoples whose social, cultural and economic conditions distinguish them from other sectors of the national community.Another contentious issue will be determination of the areas that will be part of the Bangsamoro territory. What the framework proposes is larger than the Autonomous Region in Muslim Mindanao territory today. This will require a plebiscite as prescribed by the Constitution.Next there is the powerful Transition Commission. Will the Moro National Liberation Front be given a role?These are some of the potential issues already reflected in the current shape of the framework agreement. Other issues will arise from the final form of the framework when it is completed at the end of next December.  Everyone will be waiting for that final framework agreement. It can either increase or diminish the volume of the current chorus of jubilation.

Read more: http://opinion.inquirer.net/39200/the-rp-milf-framework-agreement-part-2#ixzz2xEU06nks Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook

Roderick M Orallo federalism will benefit mindanaoans. so we wont become subservient to imperial manila.20 October 2012 at 19:31 · Like · 1

Tom Mascarinas i think so... i have been advocating federalism... its been a puzzle to me why congress seemed to be afraid of charter change to pursue it...20 October 2012 at 19:32 · Like

Roderick M Orallo that's because the upper house and the head of government are both controlled by the north.20 October 2012 at 19:37 · Like · 2

Ajarn Doms Datahan Magarin it goes without further elaborating that some leaders from the north are insecure? 20 October 2012 at 19:40 · Like · 1

Roderick M Orallo they dont have the natural resources and potential that mindanao has.20 October 2012 at 19:41 · Like · 4

Ajarn Doms Datahan Magarin you have the point there too. But i guess, it's not too late for the north to upgrade their natural resources.20 October 2012 at 19:47 · Like · 1

Roderick M Orallo these are rich mineral resources borne out of nature. The Liguasan Marsh is one. it holds a huge reservoir of natural gas worth hundreds of billions of dollars.20 October 2012 at 19:49 · Like · 4

Fe Arsenia De Gracia It doesn't make a difference. It will be the same. Whoever in power will take advantage of their power..21 October 2012 at 08:31 · Like

Roderick M Orallo we need to give peace a chance. the provinces that comprise the bangsamoro territories have suffered neglect for many decades because of the continuing armed conflict in those areas and the presence of terrorists.21 October 2012 at 08:38 · Like · 2

Fe Arsenia De Gracia Well, then Give them Love and Peace...21 October 2012 at 09:55 · Like

Ulysses Doods J. Laplana Why not?While this is just a small country under a unitary system,governance can be more effective under the federal system in view of our diverse ethnic backgrounds.21 October 2012 at 11:28 · Like · 1

Roderick M Orallo ... rather than continue with this centralized system of governance where imperial manila decides how much of the IRA goes to each local govt.21 October 2012 at 11:32 · Like · 2

Ulysses Doods J. Laplana I joined.The benefits may include not only the fiscal aspect,but also the character of governance where the constituency can relate with and participate actively in the system.Where the majority in one place share a common sentiment,leadership and governance are not far from being effective.21 October 2012 at 11:58 · Like · 1

Assam Ulangkaya let bangsamoro govern their homeland either federal or autonomy, if our leaders will fail the moro aspirations then we should stop blaming the national government of our perennial economic backwardness..rido or family feuds in the moro areas caused massive economic destruction among moro people..therefore it will be challenged for the incoming moro sub-state leaders to fix peace and order issue...then a bullish economy will emerge in the homeland...21 October 2012 at 13:38 · Like · 3

Paul Dino Lu Then if it's applied in the ARMM region,why not apply to other regions too. All regions should also benefit to become federalize.21 October 2012 at 18:09 · Like · 2

Roderick M Orallo the quest for federalism is being pursued by all regions in mindanao.21 October 2012 at 18:12 · Like · 2

Berteni Cataluña Causing Yes, I am with you, federalization.21 October 2012 at 19:29 · Like · 2

Dodoy Moreno Here in the US, as it is a federal govt'., each town has its own police force paid by the town; Judges also paid by the town, school budget including salaries and wages of teachers and employees are paid from town's tax income. Of course, there is an aid of the state and federal gov't at certain percent, but most the bulk of the budget comes from the town. What happens, if the town is poor meaning less businesses or corporations are in the town, the property taxes are high. This will happen to our country if we will have a federal gov't. , the poor towns will suffer from development because of lack of funds. Federalism, to me is good especially that majority of our national leaders come from the north and that more often that not developments always favored the northern part of our country. Let's see if this "Bangsamoro" will prosper and if ever it will, then it will serve as a model for future changes in the form of gov't.22 October 2012 at 01:40 · Like · 3

Berteni Cataluña Causing Dodoy Moreno, upon the other hand, it WILL COMPEL THE OFFICIALS AND THE PEOPLE IN EACH FEDERAL REGION TO WORK TO LIVE AND TO PROGRESS ECONOMICALLY.22 October 2012 at 01:42 · Like · 2

Tingting Conol Let's Start federal in Mindanao.After Martial law I like this System.22 October 2012 at 07:10 · Like · 2

Jerry-MariaRosyl Lamosao rido is not and excuse para gumawa ng nakakasira sa kapayapaan. baguhin na rin ang kultura na yan. hindi ba kasama sa peace framework yan? all dispute will be dealt face to face in court or in negotiating table.22 October 2012 at 21:03 · Like · 1

Jerry-MariaRosyl Lamosao why should there be a sub-state? should they lay down their arms after they have it? i dont think so..but what i believe for bangsamoro is a name for a region where people follow the rule of law, "Ang Saligang Batas ng Republika ng Pilipinas" there are laws providing special attention for our muslim brothers and sisters, why would some leaders are so itching for a sub-state? it may take several times to read our constitution for us to understand what lies next to the signed framework..it is about attaining peace, not a separate identity. its about collaboration not secession.22 October 2012 at 21:31 · Like · 1

Roderick M Orallo the milf leadership is in agreement that congress needs to pass legislation that would create the Bangsamoro Basic Law.23 October 2012 at 02:52 · Like · 1

Roderick M Orallo "Once the Bangsamoro Basic Law is passed and signed by the President, a plebiscite shall be conducted in the envisIoned core territory of the Bangsamoro. Elections for the new Bangsamoro government will be held in 2016."23 October 2012 at 02:55 · Like · 2

Sophie Rosen Orallo a shift to federalism is the next best thing that can happen in mindanao.23 October 2012 at 06:50 · Like · 3

Tingting Conol Jerry-MariaRosyl Lamosao:We have same direction to have Peace in Cotabato,the whole of Mindanao and overall islands in the Philippines.Many ways we have done to have it. I term "Hybrid Democracy" does exist in our Philippine Democratic System.It take time to have Lasting Peace in our governance of a diversified culture and People with in 7,100 Islands.Let Us support Peace.

"FRAMEWORK AGREEMENT" is Unconstitutional just like the Memorandum Agreement on the Ancestral Domain, was declared Unconstitutional by the Supreme Court 2008.

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Roderick M Orallo a reading of the framework agreement actually raises more questions than answers.20 October 2012 at 18:21 · Like

Roderick M Orallo for instance, what is an “asymmetric relationship” between manila and the bangsamoro government? "Does it mean that the central government in Manila is strong and the Bangsamoro government is weak."20 October 2012 at 18:22 · Like

Fe Arsenia De Gracia But if we are going to look at the situation, in Mindanao (I've been to Zamboanga before when I was working with Philippine Airlines) their culture is different, they speak other language. It's a Muslim Region of the Philippines.20 October 2012 at 18:28 · Like

Roderick M Orallo According to statistics compiled by the Philippine government, the most dominant religion in the city is Christianity with 73% of the population adhering to the faith. The majority of Christians are Roman Catholics with minorities of Protestants, Jesus Miracle Crusade and Orthodox Christians. The remaining 27% percent belongs to other non-Christian faiths such us Buddhism and Islam.20 October 2012 at 18:31 · Like

Roderick M Orallo Approximately 64% of the city’s population consists of the native families of the old Zamboanga, who were greatly influenced by the Spanish culture and lifestyle which is now called as a pure Chavacano de Zamboanga or Zamboangueño. Whilst 36% of the city’s population is composed of cultural minority members, groups of Muslim communities, such as the Subanens, Tausugs, Yakans, Samals, and the Badjaos are dispersed around the city.20 October 2012 at 18:32 · Like

Fe Arsenia De Gracia It seems to me a nice place to stay!20 October 2012 at 18:34 · Like · 1

Abedin Limpao Osop To sum it up Aquino is unconstitutional.20 October 2012 at 18:43 · Like

Roderick M Orallo the fact that the native families of old zamboanga were influenced by spanish culture makes it a nice place to stay. if peace can reign in the city and the islands contiguous to it, zamboanga has a great potential for trade and tourism.20 October 2012 at 18:49 · Like

Fe Arsenia De Gracia I remember Noynoys Grandfather was " Charge of Treason" it runs in the blood?20 October 2012 at 18:56 · Like

Fe Arsenia De Gracia Let's outbursts this way: "CYBERCRIME", then "BANGSAMORO", then CHINA. Is there something going on here! I feel like wanna run for office for sure and do something different.

"BANGSAMORO is a FRAMEWORK AGREEMENT, that MINDANAO will be a SUB STATE (no longer a part of PI) another Nation. That leave Luzon & Visayas. Right?

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Roderick M Orallo The core territory of the Bangsamoro does not cover the entire mindanao. it covers: (a) the present geographical area of the ARMM; (b) the Municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan and Tangkal in the province of Lanao del Norte and all other barangays in the Municipalities of Kabacan, Carmen, Aleosan, Pigkawayan, Pikit, and Midsayap that voted for inclusion in the ARMM during the 2001 plebiscite; (c) the cities of Cotabato and Isabela; and (d) all other contiguous areas where there is a resolution of the local government unit or a petition of at least ten percent (10%) of the qualified voters.20 October 2012 at 18:15 · Like · 1

Roderick M Orallo The “national government will continue to exercise exclusive powers of defense and security, foreign policy, monetary policy and coinage, citizenship, and naturalization. The Constitution and lawful processes shall govern the transition to the Bangsamoro, and this

agreement will ensure that the Philippines remains one nation and one people, with all of our diverse cultures and narratives seeking the common goal.”20 October 2012 at 18:18 · Like · 3

Fe Arsenia De Gracia But others thought what Noynoy did was a "Treason" for doing so for "Moroland" and such act is a reason to call for impeachment because "Sub State" is not allowed in the Constitution. It will be a betrayal of public trust and culpable violation and maybe the basis of impeachment?20 October 2012 at 18:24 · Like · 1

Roderick M Orallo that could be the basis of a challenge before the supreme court or a ground for impeachment if a sub state violates the constitution.20 October 2012 at 18:27 · Like · 1

Wilfredo Alejo That's some what like the two nations within the USA, The Indian Nation (Native American) and the Republic of the USA...Non Native Americans...Might that be so?...20 October 2012 at 18:28 · Like · 1

Fe Arsenia De Gracia Yes, the "Indian Nation" in United States is exempt from paying tax. Because even a child who is not even concieved but soon will be get benefits from the Government for a very important reason.20 October 2012 at 18:37 · Like · 1

Wilfredo Alejo Their Land was taking away from them, small price to pay...don't you think?...Now co-existing in Harmony...The Trial of Tears...20 October 2012 at 18:49 · Like · 2

Fe Arsenia De Gracia They were called "TRIBES"20 October 2012 at 19:09 · Like

Mangyu Khu Yumang is it a REALISTIC DECISION or a GOOD TACTICS of the Government signing the agreement? are they concerned only of it not to the people of mindanao who strive to have a better place to leave...Panahon pa kasi yan ni late Pres. Cory Aquino...20 October 2012 at 19:55 · Like

Roderick M Orallo It's everybody's dream: "A Mindanao finally free from strife, where people achieve their fullest potential. A child in Lamitan will be offered the same education as a child in Quezon City; the sick of Patikul will gain access to the same healthcare as those in Pasig; tourists visiting Boracay will also have Sulu in their itineraries; a businessman will earn a profit whether he sets up shop in Marikina or Marawi." ~ pnoy21 October 2012 at 03:41 · Like · 2

Joselito Ronquillo Kaya pala galit si Nur Misuari because his ARMM-MOA was superceded by this Framework.. Now I know.21 October 2012 at 04:28 · Like

Roderick M Orallo galit c misuari because he isn't getting a slice of the pie, after he plundered ARMM.21 October 2012 at 07:24 · Like

Joselito Ronquillo what PIE? MONEY or CREDIT? hehehe21 October 2012 at 07:25 · Like

Roderick M Orallo hehe21 October 2012 at 07:26 · Like

Joselito Ronquillo what is that HEHE mean? lol21 October 2012 at 07:27 · Like

Roderick M Orallo that was in response to ur hehe.21 October 2012 at 07:28 · Like

Fe Arsenia De Gracia Baka wala siyang "AMERICAN PIE" mayroon siya "TINAPAY" hehehe.21 October 2012 at 08:14 · Like

Roderick M Orallo not even a piece of it.21 October 2012 at 08:16 · Like

Assam Ulangkaya for those who did not experienced the horrible effect of war will criticize the bangsamoro agreement signed late in malacanang...ditto for most of bangsamoro and christian affected by the conflict in mindanao for our quest for peace..enough of sufferings,,enough

of economic dislocations,,help moros and christians in the area hormonize peace..let us help our leaders promote lasting peace in mindanaoi..21 October 2012 at 13:45 · Like · 3

Joselito Ronquillo We are with you on that, Assam Ulangkaya but some of your leader like NUR MISUARI don't.21 October 2012 at 13:52 · Like

Tingting Conol Assam Ulangkaya: Peace be with us again and Prosperity in Cotabato. South, North,Maguindanao,Sultan Kudarat and Sarangani.In early ,mid and end of 60's Cotabato Province was in Peace.Let's have that again and Forever.I was born in Crossing M'lang now Datu Ugtod Matalam.22 October 2012 at 16:16 · Like · 1

Jerry-MariaRosyl Lamosao if im not mistaken, bangsamoro is a name of region after ARMM, not a sub state..no, no, wag tayong mag speculate..bangsamoro is not whole of mindanao na sinasabing hihiwalay sa Pilipinas.

"Of course, we ARE Filipinos" would have been better.

Iqbal: We are still Filipinos“We are Filipinos.” That was Mohagher Iqbal’s answer when Marvic Leonen asked him if the playing of the national anthem would be all right for the leaders of the Moro Islamic Liberation Front (MILF).INQUIRER.NET

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Tom Mascarinas a way lot better than "we are not Filipinos"20 October 2012 at 17:44 · Like · 2

Assam Ulangkaya i am filipino by idedntity but i am bangsamoro by heart and by mind..hopefully the recognition of our real identity will lead us towards lasting peace in mindnao in particular and the whole country in general...21 October 2012 at 13:28 · Like

Jerry-MariaRosyl Lamosao ing ani na xa.. filipino ta, pero naa tay nagkadaiyang dialect or tribe..kanang apil anang bangsamoro, mga maguindanawon, maranao, tausug, iranun, og uban pang mga tribe..hey! you have your identity.. you are recognized..if its all about identity, its a separatist idea..but if bangsamoro would be a name for a certain region like NCR, CAR, CARAGA, and others where people work hand in hand for peace and progress not by being a tagalog,bisaya,ilokano, maguindanaon,maranao or what but as FILIPINOS, then i would say, let bangsamoro be a name of a region composed of provinces where people are working by one identity, as FILIPINOS, for peace and prosperity...

THE BANGSAMORO POLITICAL ENTITY IS BUILT ON TRUSTThe Framework Agreement was negotiated and signed based on trust. The finer details of the peace agreement will be negotiated and signed based on trust. If the Bangsamoro jettisons trust and violates the spirit of the peace agreement and secedes, the President of the Philippines will order the the Armed Forces of the Philippines to crush the secession, just like what US President Lincoln did in his country many years ago.The AFP will be fighting on high moral grounds, the Filipino people and the international community will be solidly behind the President.The foregoing scenario may never come, but for now let us give peace a chance.To Mr. Tiglao, the Bangsamoro leaders negotiated and will negotiate and sign the peace agreement in bad faith. That is most unfair to them. To Mr. Tiglao, nothing good comes out of the Aquino administration.

James Catalan Atty. nice news caption very well said.19 October 2012 at 12:56 · Like · 1

Tom Mascarinas mr tiglao reads his mind and all his biases vs the muslims and aquino govt into the document, which is very understandable, considering where he is coming from...19 October 2012 at 22:55 · Like

Ajarn Doms Datahan Magarin mr tiglao has a misplaced sense of understanding the conflict...a man with a polarized idea on the existing problem in mindanao. What do you expect from this man bearing

repugnant views? Nothing!19 October 2012 at 22:59 · Like

James Catalan Please give a chance framework to suceed.

What is the difference between that MOA signed for the AUTONOMOUS REGION OF MUSLIM MINDANAO with that newly signed FRAMEWORKS AGREEMENT ON THE BANGSAMORO? Please anybody?

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Freddie C. Mero The previous one with MNLF and the recent MILF. If we will rise in arms then there will be a third.17 October 2012 at 10:42 · Like · 1

Joselito Ronquillo Will the Frameworks Agreement on the Bangsamoro supersede the Memorandum of Agreement for ARMM?17 October 2012 at 12:40 · Like

Tingting Conol The agreements for ARMM and Bangsamoro and rest of another group will come are Basically to HAVE PEACE in Mindanao, Sulu ,Jolo,Basilan Islands.The difference is WHEN we have the PEACE BE WITH US.17 October 2012 at 14:18 · Like

Joselito Ronquillo the ARMM of MNLF of Nur Misuari was signed but MILF didn't like it. Now Frameworks Agreement of Bansamoro of MILF was signed but MNLF didn't like it too. Where do you think the Phil. Government go to have a compromise agreement where all stakeholders meet.18 October 2012 at 00:56 · Like

Tingting Conol GRP must consider territorial Disputes and Must consider once and for all the dominance of our brothers Muslims to lead in the existing Territory agreed in the Tripoli.The Leadership of MNLF and MILF must divide the Territory in PEACE.

PEACE OF THE BRAVE, A DAWN OF HOPE FOR MINDANAOIn 1993 on the occasion of the signing of the Declaration of Principles

for Peace between Israel and the Palestinian Liberation Organization, former US President Clinton said:"The peace of the brave is within our reach. Throughout the Middle East there is a great yearning for the quiet miracle of a normal life."We know a difficult road lies ahead. Every peace has its enemies."These are apt words for the Framework Agreement on the Bangsamoro.There is relative peace between the Israelis and the Arabs in the Middle East. A dawn of hope is pushing out the dark night in Mindanao.Let us all give peace a chance. Let us all welcome the new day in Mindanao.

Peace is within reach—Malaysian PM“This is the sound of peace,” a smiling Murad Ebrahim, chairman of the Moro Islamic Liberation Front (MILF), said as he tapped a miniature model of a Muslim gong that he gave to President Benigno Aquino during their meeting in Malacañang Monday morning.GLOBALNATION.INQUIRER.NET

LATEST UPDATES ON THE GRP-MILF PEACE TALKSGPH-MILF DECISION POINTS ON PRINCIPLES AS OF APRIL 2012The Parties agree to the following principles, which shall further guide discussions on the substantive agenda of the negotiations. This preliminary list does not contain all points so far agreed upon and does not preclude future agreements on other key points.1. The Parties recognize Bangsamoro identity and the legitimate grievances and claims of the Bangsamoro people.2. The Parties agree that the status quo is unacceptable and that the Parties will work for the creation of a new autonomous political entity in place of the ARMM.3. The Parties agree to the continuity of negotiations in the context of agreed documents.4. The Parties agree that the new autonomous political entity shall have a ministerial form of government.5. The Parties agree to the need for a transition period and the institution of transitional mechanisms in order to implement the provisions of the agreement.

There will be power-sharing and wealth-sharing between the National Government and the new political entity. In the matter of power sharing, the National Government will have its reserved powers, the new political entity will have its exclusive powers, and there will be concurrent powers shared by the National Government and the new political entity.The Parties agree that the following matters are reserved for the competence of the National Government:a. defense and external securityb. foreign policyc. common market and global trade (FOOTNOTE: The power to enter into economic agreements already allowed under R.A. 9054 shall be transferred to the new political entity.)d. coinage and monetary policye. citizenship and naturalizationf. postal serviceThis list is without prejudice to other powers, which the Parties may agree to reserve to the National Government in the course of the negotiation.7. The Parties agree that wealth creation (or revenue generation and sourcing) is important. The Parties also acknowledge the power of the new political entity to create its own sources of revenue, subject to limitations as may be mutually agreed upon by the parties, and to have a just share in the revenues generated through the exploration, development or utilization of natural resources.8. The Parties recognize the need to strengthen the Shari'ah courts and to expand their jurisdiction over cases. The new political entity shall also have competence over the Shariah justice system.9. The Parties agree to the creation of (third party) monitoring and evaluation mechanisms, which may utilize competencies already available in existing mechanisms, e.g. ICG, IMT, CCCH.10. In addition to basic rights already enjoyed, the following rights of all citizens residing in the new political entity bind the legislature, executive and judiciary as directly enforceable law and are guaranteed:a. Right to life and to inviolability of one’s person and dignity;b. Right to freedom and expression of religion and beliefs;c. Right to privacy;d. Right to freedom of speech;e. Right to express political opinion and pursue democratically political aspirations;f. Right to seek constitutional change by peaceful and legitimate means;g. Right of

women to meaningful political participation, and protection from all forms of violence;h. Right to freely choose one’s place of residence and the inviolability of the home;i. Right to equal opportunity and non-discrimination in social and economic activity and public service, regardless of class, creed, disability, gender or ethnicity;j. Right to establish cultural and religious associations;k. Right to freedom from religious, ethnic and sectarian harassment; andl. Right to redress of grievances and due process of law.Done this 24th day of April 2012 in Kuala Lumpur, Malaysia.FOR THE GPH: FOR THE MILF:DEAN MARVIC MVF LEONENChair, GPH Panel MOHAGHER IQBALChair, MILF PanelSIGNED IN THE PRESENCE OF:TENGKU DATO’ AB GHAFAR TENGLUMOHAMEDMalaysian Facilitator

----------------------------------------------------------------------------------------------------------------------------------------------CHAIR’S STATEMENT ON THE “GPH-MILF DECISION POINTS ON PRINCIPLES AS OF APRIL 2012”By the GPH Panel ChairDelivered April 24, 2012Bismillahir rahmanir raheem. Assalamu alaikum warahmatullahi wabarakatuhu.Today, we signed the document containing the decision points on principles with the Moro Islamic Liberation Front. This marks a significant and concrete step forward by both Parties in their discussions of substantive issues in these negotiations.For the GPH, this document is a preliminary listing of common points, which the Parties have mutually identified, coming from their respective initial positions: the MILF, from their February 2011 Revised Comprehensive Compact, and the GPH, from its 3-for-1 August 2011 proposal.Those who choose to be cynical of the objective to attain peace in Mindanao by peaceful means have indeed freely remarked that the ongoing peace talks have not achieved much, especially with respect

to the substantive issues at the core of the negotiations. Today, we dispel this cynicism. We have collatedour points of mutual understanding, which have, indeed, significantly inspired both the substance and direction of our discussions. Therefore, this document, too, is an insight to the breadth and scope of issues encompassed by our discussions.As a preliminary listing, this document is not an exclusive statement of all common points which the Parties may already share, or which the Parties may find consensus on in the future. Nor is it intended as a detailed and precise statement of agreements.Rather, it should be read as a memorandum for the Parties of the general directions of the substantive negotiations, described in broad strokes, generous enough to allow the Parties the necessary space to navigate the details and context in a comprehensive final agreement.Through this document, the Parties have taken the effort to articulate in language mutually acceptable to them, the current extent of their consensus in the course of their long, difficult and productive discussions on the substantive issues. It is a document evolved by the Parties in their common attempt to check what they have achieved throughout the history of these peace talks, and to lay down their ostensible points of agreement or “common points”. The Parties agreed to put these points in writing to fix their positions in the current stage of the negotiations, both recognizing that doing so can also help clarify various outstanding issues and more detailed questions that the Parties still need to explore.In July 2010, when this Panel was constituted by orders of the President to act as his emissary in the peace negotiations with the MILF, among his instructions to the Panel were 1) to consider the Government’s ability to deliver, politically, economically and socially, commitments made and signed at the negotiating table and 2) to continue sincere and open dialogues not only with the MILF, but also with all sectors affected by the negotiating process.As far as the GPH is concerned, these common points are commitments that can be properly accommodated by our current legal and political realities. More importantly, for the GPH, having these common points in writing and making it public are part of its sincere commitment to maintain transparency in these talks, as far as practicable, and to continue dialogues and consultations with affected

sectors.Moreover, the Bangsamoro question is one that is properly posed not just to the National Government, but quite importantly, as well, to the national public. Negotiations after all are about problem solving, and this document is an invitation for the public to take part in this process. For the GPH, engaging the public in this way is not only crucial for pragmatic and comprehensive discussions of the substantive issues, but also necessary for ensuring a final peace agreement in the future, which is both legitimate and politically viable.The June 2010 Declaration of Continuity signed by the GPH and the MILF, as clarified in the statement of then GPH Chair Rafael Seguis, inspires the position of this Government in its steadfast commitment to maintain the continuity of negotiations embodied in agreed documents. The GPH recognizes that the “status quo is not acceptable,” and thus continues to pursue reforms in this respect.This listing also addresses and settles a number of questions that have been raised about the Mindanao peace process: It is clear that what the Parties are discussing are the parameters of meaningful autonomy for the Bangsamoro people, under a new autonomous political entity that can replace the current ARMM created under Republic Act No. 9054. The autonomous political entity envisioned is a secular political unit, existing within the Republic of the Philippines, located within its territory and subject to its sovereignty as a State.The government of this autonomous political entity shall also ensure guarantees of human rights and liberties for its inhabitants, such as religious freedom, the right of women to meaningful political participation, and freedom from ethnic, religious or sectarian harassment, in addition to rights alreadyenjoyed.However, it is reasonably expected that the lists contained in this document, such as those of human rights guarantees and the powers reserved in the National Government, cannot be deemed to be exclusive, and does not preclude further points which may be agreed on as the Parties continue to negotiate.This document is not the final peace agreement between the Government of the Republic of the Philippines and the Moro Islamic Liberation Front. With the signing this document, indeed, comes the mutual recognition of the Parties that there are various outstanding issues that still require further or more detailed discussions between

the Panels and more difficult decisions for their Principals, such as issues pertaining to the geographic scope of the autonomous political entity, power sharing and wealth sharing between the entity and the National Government, mechanisms for implementation of the agreement and the contours of a transition and normalization process, which will include details on disarmament, demobilization and reintegration. Such outstanding issues, as well as the points contained in this document, will be contextualized in the final agreement.The GPH Panel, as is our principal, His Excellency President Benigno Simeon Aquino III, remains sincerely committed to working towards a negotiated comprehensive political settlement with the MILF to address the Bansgamoro question. Today, we move forward with a healthy amount of optimism tempered by prudence, recognizing the need now, more than ever, to be guided by lessons from the past and the needs of our people on the ground.We look forward to the coming weeks of more thorough (perhaps, more difficult) conversations with the MILF and various affected sectors, with the understanding that only through peaceful and candid dialogues, open and public consultations and continuous reflections can a sincere, effective and acceptable solution be arrived at.Shukran and wassalam.----------------------------------------------------------------------------------------------------------------------Opening statement of Mohagher Iqbal, chairman of the MILF peace panel, during the 27th GPH-MILF Exploratory Peace Talks in Kuala Lumpur on April 24-26, 2012.There is no doubt the current peace negotiation is passing through a very difficult situation. Almost two years into the Aquino administration, the two parties have barely moved from where they left off in 2010. The parties’ commitment for the continuity of the peace process has not moved them forward substantially. In fact, during our meeting in Kuala Lumpur last March 19-21, we almost went home empty-handed, except for the agreement of the parties to agree to invite and grant observer seat to OIC Secretary General, His Excellency Ihsanoglu Tevetoglu, to the ongoing GPH-MILF peace negotiations. Although this is a tremendous huge plus factor in our continuing efforts to solve the Moro Question and the armed conflict

in Mindanao, the most substantive part of this negotiation leading to the signing of the comprehensive compact is practically untouched. Personally, I attribute this to several factors.First, from President Manuel Quezon in 1935 until President Gloria Macapagal Arroyo, the Philippine policy and thinking about the Moros have not basically changed. It is all about incorporating them into the national body politic, treating them as an integral part thereof, and sending the full force of the armed forces when they become restive or unruly. We have yet to see that under the Aquino administration things will start to shape differently and for the better. We still want to see that under his matuwid na daan (straight path) policy, he would agree to do away with the paralyzing effects of the status quo or the unitary system where subnational units are created and abolished and their powers may be broadened and narrowed, by the central government.Although political power in unitary states may be delegated through devolution to local government by statute, the central government remains supreme; it may abrogate the acts of devolved governments or curtail their powers. This well explained the cycle of abolition of offices from the Moro Province, Department of Mindanao and Sulu, Bureau of Non-Christian Tribes, Commissioner for Mindanao, Commission on National Integration, Ministry of Muslim Affairs, Office of Muslim Affairs and Cultural Communities, Office of Muslim Affairs, and now National Commission for Muslim Filipinos. Will the abolition stop here? The answer is no, because it is inherent in the unitary system that the units are under the mercy of the central authority.Therefore, a shift to the asymmetrical arrangement inherent in a federal system is much desired, wherein a group of members are bound together by covenant, with a governing representative head, which provided further that sovereignty is constitutionally divided between a central governing authority and constituent political units (like states or provinces).The Moros are the aggrieved party, who are deprived of their rights or interests as a result of the annexation of Mindanao to the Philippines in 1946. Archbishop Orlando Quevedo once remarked that the Philippine government committed three historic injustices against the Moros in Mindanao: a) injustice to Moro identity, b) injustice to Moro political sovereignty, and c) injustice to Moro integral development.

He concluded that it is the what and how of this just and fundamental Moro aspiration for freedom within the context of circumstances that have superseded some facts of history, which must be at the heart of all political negotiation for lasting peace in Mindanao.Thus, the Manila government, as the successor in interest or beneficiary of Moros’ loss of their homeland, even assuming that prior to 1935 or 1946 they were not the ones calling the shots and they too were also victims of some American “excesses”, should and must be magnanimous in giving a substantial restoration of Moro rights especially in governing themselves under the aegis of defined relationship with the Central government. Without this magnanimity and political will to grant substantial powers to Moros, the Moro Question and the armed conflict will stay with us forever. Never mind the economic aid to them, this can wait; in truth if not handled carefully well it would only complicate matters, because only the elites in Moro society will snare the lion-share to the almost exclusion of the ordinary people. The government must learn to stay out of its comfort zone and dare offer to the Moros a political package that is not empty and hollow; an offer that does not add insult to injury. The days of bogus autonomy has gone! It is time for government to be serious; it is time for it to solve the internal problems, in the face of the crisis in the China Sea. China is already in the fringes of Philippine territory.Second, there seems to be no unanimity in the approaches of the parties that seriously prevented them to put their acts together and bear clear fruits. For the MILF peace panel, we want to see a process where we agree first on basic principles, concepts, frameworks, and parameters, then the elements, and then the parts or details. Obviously unknown to some, much has been achieved already in this regard. The basic principles and frameworks and the essential elements of the future Moro entity have been settled and agreed by the parties in many past documents, among which are: The General Framework of Intent Between the GRP and the MILF (August 27, 1998), Agreement on the General Framework for the Resumption of Peace Talks (March 24, 2001), Tripoli Agreement of 2001 (June 22, 2001), Consensus Points on the Strand of Concept, Territory, Resources, and Governance at TWG level (April 20, 2005), Consensus Points on the Strand on Governance of the Ancestral Domain (September 16, 2005), Declaration of Continuity for Peace

Negotiation between the GPH and the MILF (June 3, 2010). Surely, it is important for both parties to look back from 1997 in order to understand the current situation and move to the future with greater confidence and speed. More importantly, they would be guided properly and conduct the negotiation as faithful as possible; and consequently the much desired mutual trust and confidence between the parties which is vital in moving forward will be achieved.Excellencies, ladies and gentlemen, the state-substate asymmetrical arrangement proposal of the MILF, which in every respect is a template for a federal system of government, did not come from out of the blue ocean. It was borne out of a difficult moment in the talks. Datuk Othman Bin Abdulrazak, then the Malaysian facilitator, frankly told not just the MILF peace panel but its Central Committee, during one of his visits to Darapanan, Sultan Kudarat, Maguindanao, that he cannot continue facilitating the talks with a secessionist agenda of the MILF in the negotiating table. Either the MILF mellows down its stance to autonomy with no option to secede or the Malaysian government ceases its facilitation. It was indeed a difficult situation on the part of the MILF to drop the option, in view of its firm belief that the ultimate solution to the Moro Question is for the Moro country to become fully independent. What the MILF did to get out of the fix was to call for series of consultation involving the Moros in Mindanao, on whose behalf the MILF got its mandate and legitimacy including negotiation with the government to articulate their aspirations. These consultations culminated on May 29-31, 2005 where more than a million people responded and gathered in Darapanan, which resulted in the renewal of the “blanket authority” of the MILF Central Committee to continue negotiating peace with the government. Teresita “Ging” Deles-Quintos, then also the Secretary of the Office of the Presidential Adviser on the Peace Process (OPAPP), accompanied by Prof. Rudy Rodil, member of the government peace panel, and Director Ryan Sullivan, head of the government peace panel secretariat, graced the historic occasion. Secretary Silvestre Afable Jr., then government chief negotiator, was unable to come. However, sometimes later, in the presence of Datuk Othman, he also met with Chairman Murad in Darapanan.At this juncture, please be reminded that healthy interpersonal relationships between the peace panels during Afable’s stint was passed on to the time of Secretary Rodolfo Garcia, who was a former

military man but imbued with skills in negotiation, for which reason, the talks made strides upon strides until that historic document known as the “Memorandum of Agreement on Ancestral Domain (MOA-AD) was shot down by the Supreme Court by declaring it as unconstitutional on October 14, 2008. But nevertheless, the Supreme Court rendered little but big justice to the MOA-AD by noting that it can be renegotiated or another one will be drawn up to carry out the Ancestral Domain Aspect of the Tripoli Agreement of 2001, in another or in any form, which could contain similar or significantly drastic provisions.” This decision in effect conferred upon the Tripoli Agreement of 2001, considered the mother of all agreements between the government and MILF, that validity and binding effect on the government. This agreement served as the main guiding post for all subsequent agreements, most especially that hoped-for “new formula” contained in the proposed comprehensive compact. This is the reason why the MILF peace panel starts and situates its core position in this negotiation on this framework agreement.In addition, the MILF stance is firmly anchored on the principle of right to self-determination of people; and by virtue of that, they have the right to freely determine their political status and freely pursue their economic, social and cultural development. This is embodied in Article I of the Charter of the United Nations and in the Declaration of Principles of International Law Concerning Friendly Relations and Co-operation Among States adopted b the UN General Assembly in 1970, the Helsinki Final Act adopted by the Conference on Security and Co-operation in Europe (CSCE) in 1975, the African Charter of Human and Peoples' Rights of 1981, the CSCE Charter of Paris for a New Europe adopted in 1990, and the Vienna Declaration and Programme of Action of 1993. As a matter of fact, the Philippine government has tacitly agreed to this option when it signed with the MILF the Tripoli Agreement on June 22, 2001, to wit:“The observance of International humanitarian Law and respect for internationally recognized human rights instrument and the protection of evacuees and displaced persons in the conduct of their relations reinforce the Bangsamoro people’s fundamental right to determine their own future and political status” (highlights supplied).On the basis of this same agreement, the parties also agreed that the political solution to the Moro Question and the armed conflict in Mindanao must be in purview of a new formula:

“The negotiation and peaceful resolution of the conflict must involve consultations with the Bangsamoro people free of any imposition in order to provide chances of success and open new formulas that permanently respond to the aspirations of the Bangsamoro people for freedom.”Again on June 3, 2010, the parties signed the Declaration of Continuity for Peace Negotiation, which firmly affirmed this solemn commitment:“The ultimate goal of the talks is to consider new modalities to end the armed hostilities with responsibility to protect and for human security, in addition to resolve the legitimate grievances and claims for the people of Moro ancestry and origin.”In brief, the position of the MILF is not only consistent that has basis on signed agreements but also faithful to the intention and commitment of the parties to “pursue the peace negotiations on the substantive issues as soon as possible, resolutely continue the negotiation until the parties reach a negotiated political settlement” (Agreement on Intent, August 27, 1998).I do not want to say this, keeping in mind that until now out of respect and trust the MILF has never said unkind words to President Benigno Aquino III, but even the 3-for-1 proposal put forward by the government is in the category of an old formula that should not have been put forward if only to fast track the ongoing negotiation, as agreed by President Aquino and Chairman Al Haj Murad Ebrahim in Tokyo, Japan on August 4, 2011.To tell you very frankly, the MILF cannot slide down anymore lower than our current proposal for the establishment of a substate for our people. To do so is not only to render the MILF irrelevant but would also lose its moral ascendancy to lead our people to live a decent life on the basis of principles of parity of esteem and equality of peoples. The totality of relationship between the Philippine state and Moros, which is so one-sided against the latter, must be altered, if we are to see real peace and development in Mindanao. The MILF cannot and will never accept a “recooked ARMM even with all the spices and ingredients to make it palatable to the MILF”. The ARMM, despite its billing as autonomous, is merely an administrative unit of government, weaker than provinces or cities. No less than the Supreme Court of the Philippine, in its final decision on the law

postponing the ARMM election to allow for synchronization with the national elections in 2013, had decided with finality that it is not autonomous. So, therefore, we appeal to the government, please do not offer the ARMM or any similar entity to the MILF again, because we will reject it with the same intensity, as we have done before, in 2000, in 2001, in 2003, and in 2010. It is only a waste of time, energy –- and goodwill.And the third reason is, there is no rejoinder of issues. The parties are speaking on dissimilar or irregular wavelengths and measures. The MILF proposes a comprehensive compact, which is what that declaration of continuity document, obliges the parties to undertake while the government puts forward a three-part proposal. The best template, as what the Afable’s and Garcia’s peace panels did with the MILF in relation to the MOA-AD, was to agree first on the basic principles and then on strands of the Ancestral Domain as Aspect of the Tripoli Agreement of 2001. They separately developed their proposals using the same template, which they in turn jointly put into a matrix, deliberate them one by one, and then indicate where they agreed and where they disagreed. Those where they agreed, they immediately wrote them in agreed text, and thereafter proceeded to where they had disagreement. This meticulous procedure was pursued patiently and objectively until they initialed the MOA-AD on July 27, 2008. Of course, it was not easy matter; in truth, they have negotiated the MOA-AD for three years and eight months. But the collaborative efforts of the parties, notwithstanding the impasses, non-appearances, and walkouts, cemented the mutual respect with each other that Afable or Garcia can call on their counterparts from the MILF even at short notice. Although nothing is personal in negotiation, but the personal cultivation of trust and confidence amongst negotiators is, in no small way helps bolster the productiveness of the parties. This is not to say, however, that I do not have high respect for our current counterparts in the government. I must confess that of the five government chief peace negotiators that I have faced, I find my current counterpart from the government, former Dean Marvic Leonen, as the most articulate. Pardon me for making this comparison.As a parting statement, let me say here that the current GPH-MILF peace negotiation is not doomed; it is still a living exercise, although it is limping. I still have trust in the commitment of President Benigno

Aquino III to deliver his promise to solve the problem in Mindanao during his term in office and not allow it to be inherited by the next president in the Malacanan Palace. I have strong faith in the Malaysian government led by His Excellency Prime Minister Dato’ Sri Mohammad Najeeb bin Tun Abdulrazak, and also in the current Malaysian facilitator, Dato’ Tengku Ab’Gaafar bin Mohammed, ably supported by the Malaysian Secretariat. I have faith in the creativity,resourcefulness, and dedication of the members of the International Contact Group (ICG) particularly the United Kingdom, the Center for Humanitarian Dialogue (HDC), and the Conciliation Resources (CR) in seeing to it that parties stay engaged and continue the peace negotiation. I hope and pray that the presence of the OIC Secretary General or his official representative will provide renewed inspiration and political will to the parties in order to surmount and parry all obstacles along the pathway to peace in Mindanao.Thank you very much!

MORO SUBSTATE IN MAINDANAO: AVOIDING THE MISUARI AND THE SPCPD FAILED EXPERIMENTS(Note: In our study on the "Legal Requirements for the Establishment of a Moro Substate in Mindanao", we came up with findings and recommendations in order to avoid the Misuari and the SPCPD experiments. In his short term in the ARMM, Misuari himself has proven that waging an armed revolution is far easier than managing development and governance. Thus, foremost in our recommendations is a program to develop governance and development artisans among the Bangsamoro revolutionaries to ensure the success of a substate political project.)At this juncture, we already succeeded in demonstrating that the establishment of a Moro Sub-state in Mindanao, based on relevant provisions of the 1987 Constitution and on existing laws, is possible.Specifically, we are also able to show that, while the best way to establish a Moro Sub-state is through constitutional amendments, the same can still be done by making use of the prevailing provisions of the Constitution, and of existing laws, and by causing the passage of other relevant legislations.Our dominant finding centers on the fact that both the executive and legislative departments of the government play monumental roles in

putting into realization the dream for the establishment of a Moro Sub-state as a political project for peace. What is only required of them is their sincere efforts and high sense of creativity in optimizing the prevailing constitutional and legal tools in the task of making Mindanao what it should become and ushering it to where it is destined to be.The open-mindedness of the judicial department is also crucial to the success of this political project.We, therefore, recommend for the immediate resumption of the negotiation between the Government of the Republic of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF) for the purpose of hammering out the details necessary for the establishment of a Moro Sub-state.Towards this end, the negotiation panels must be aided by experts and other political and socio-economic forces. Part of the indispensable decorum in the negotiation is the conduct of massive public consultations, involving social classes and sectors. For the negotiation to succeed, it must be able to create objective conditions for national discourse. Moreover, the principle of transparency, reigning supreme in the processes of the negotiation, is necessary in the mobilization of public support for the outcome of the negotiation.This first phase of the negotiation should be devoted on the formulation of the conceptual framework of the proposed Moro Sub-state. The dominant elements of this conceptual framework are the extent of powers of a sub-state; its structures of government; its property rights involving lands and natural resources; and its relationship with the parent Philippine state, inter alia.Upon the completion of this conceptual framework, the second phase of the negotiation should center on the task of classifying as to which part of the concept requires constitutional amendments and as to which part merely needs legislations or positive acts by the executive department.The negotiation panels may also collectively decide whether to adopt either the option to amend the constitution or the purely legislative option. They may also adopt the mixed options: constitutional amendments and legislations.In addition, the negotiation panels may also decide to pursue a

constitutional option, and just make the legislative track an alternative option in case the former, for reason we had previously articulated, fails.In this way, the political project can still be given life after the collapse of the constitutional option.After all these things are ironed out, the negotiation panels must create a campaign structure necessary to mobilize concerned formal and alternative centers of power in support of the agreements forged by the parties to the negotiation.The government panel must be able to mobilize various government apparatuses in support of the new political arrangements. The executive department of government should unleash its forces and resources to ensure the legislature’s support for these new political arrangements until they are installed in the formal systems of the state. For its part, the MILF must contend its ground forces so they may be able to lend full support to, and respect, the outcome of the negotiation. It must work full time for the task of social mobilization to prepare the Bangsamoro people for social reconstruction works, following their peaceful, constitutional and legal seizures of a portion of state’s power.In the absence of the requisite apprenticeship on human development work, the administration of various instruments of the state and management of development could turn out to be more difficult than waging an armed uprising. Thus, it is required of the MILF to create various venues of social apprenticeships to develop from among them artisanship in governance and development.The Civil Society organizations and other social institutions, from the academe to the basic communities, must rally or muster a national action for this new social contract, until all the people may be able to burn the corpse of culture that prevents the birthing of a NEW MINDANAO.Let us give peace a chance! Let us give our country a chance! Let us give ourselves and our successor-generations a chance!ESTABLISHING A BANGSAMORO SUBSTATE IN MINDANAO THROUGH CONSTITUTIONAL PROCESSES.(Note: In our previous post, we proved that a Moro Substate can just be established through statutory processes as the same could just be

accommodated in the present Constitution, with a caveat that doing it through constitutional processes is preferred to lend it stability and permanency. In this portion of our study, we contend that the creation of Moro Sub-state in Mindanao can be realized by merely inserting Article X-A in the 1987 Constitution right after the existing Article X, Sections 15-21 on Autonomous Regions. We also contend that it would be better if it is done through a Constitutional convention and not through a Constituent Assembly)Constitutional RequirementsThe first question that we need to address is whether or not the establishment of a Moro Sub-state in Mindanao requires a revision or mere amendment to the 1987 Constitution.Our contention is that the establishment of the Sub-state could only require amendments to the Constitution.Both amendment and revision signify change in the constitutional text. An amendment envisages an alteration of one or a few specific and isolated provisions of the constitution. Its guiding original intention is to improve specific parts or add new provisions or suppress existing ones according as addition or subtraction might be demanded by existing conditions (Bernas, 2006).In revision, however, the guiding intention and plan contemplate a re-examination of the entire document to determine how and to what extent it should be altered. The end product of a revision can be an important structural change in the government or a change which affects several provisions of the Constitution (Bernas, 2006).Amendment is the isolated or piecemeal change in the Constitution, while revision is the revamp or the rewriting of the entire instrument. But amendment is the generic term used to denote change in the Constitution (Nachura, 2007).Our contention is that the establishment of a Moro Sub-state in Mindanao can be made by merely instituting amendments to the Constitution or without necessitating revision of the Constitution.For instance, Nabua-Bato, Camarines Sur’s 9th Municipal Circuit Trial Court (MCTC) Judge Soliman M. Santos, Jr., who is also a legal scholar, writer and peace advocate, posits that the establishment of a Moro Sub-state in Mindanao can be realized by merely inserting Article X-A in the 1987 Constitution right after the existing Article X,

Sections 15-21 on Autonomous Regions.(Santos, 2011)He suggested the insertion of the following additional new provisions in the 1987 Constitution:ARTICLE X-ABANGSAMORO SELF-GOVERNING REGIONSection 1. [Basic Concept of the Region and Nature of its Relationship with the Republic.] In lieu of but building on the existing and reformed Autonomous Region in Muslim Mindanao (ARMM), there shall be created a Bangsamoro self-governing region, to meet the aspiration for a system of life and governance suitable and acceptable to the Bangsamoro people. This region shall exercise a high degree of self-rule short of independence and not leading to it, exercising its own legislative, executive and judicial powers, subject to this Article X-A. There shall be in this region a fair and just balancing of the national sovereignty and territorial integrity of the Republic of the Philippines, on one hand, and the Bangsamoro people’s right of self-determination, on the other.The national territory shall remain intact, with this region as an integral part of it. The national sovereignty in this region shall reside in and be shared by both the Filipino and Bangsamoro peoples through their respective levels of government authority in accordance with the sharing of government powers provided in this Article X-A. The Bangsamoro people have the right to self-government in matters relating to their internal and local affairs, as well as ways and means for financing their self-governing functions. The object of such self-government is to secure the Bangsamoro identity and way of life, protect their homeland and its resources, and establish a system of governance as a people possessing a unique history and culture.Sec. 2. [Identity, Nationality and Citizenship.] The Bangsamoro people are the collective nation of the largely Islamized thirteen ethno-linguistic groups of the Maranaw, Maguindanao, Tausug, Samal, Yakan, Sangil, Palawani, Badjao, Kalibugan, Jama-Mapun, Iranun, Kalagan, and Molbog in the Southwestern Philippines, as well as those who choose to identify themselves as Bangsamoro. They are a historically and culturally significant and distinct nation and portion of the entire population of the Philippine State. This Bangsamoro nationality is recognized even while retaining their Philippine citizenship. Their historic pre-colonial sultanates and subsequent role in the resistance to colonialism are likewise

recognized, as well as their historical and systematic marginalization and minoritization in their ancestral homeland in the Mindanao, Sulu and Palawan islands. Social justice calls for the acknowledgement and correction of the historical injustices against the Bangsamoro people, in particular the injustices to the territorial integrity of their ancestral homeland, as well as to their identity, political sovereignty and integral development consistent with their distinct Moro Islamic way of life.The creation herein of a Bangsamoro self-governing region is itself a measure of social justice which redresses those legitimate and core Moro grievances by restructuring the power or sovereign relationship between the Philippine republic and the Bangsamoro people within its polity, as the key measure towards enhancing the totality of relationships, including between the Filipino and Bangsamoro peoples and among the tri-peoples of Mindanao. Their relationships shall be based on parity of esteem, full equality, and mutual recognition, respect, amity, cooperation and assistance.Sec. 3. [Political Territory, Accession Thereto, and Homeland.] The core or initial territory of the Bangsamoro self-governing region shall be the present geographic area of the ARMM, plus the municipalities of Baloi, Munai, Nunungan, Pantar, Tagaloan and Tangkal in the province of Lanao del Norte that voted for inclusion in the ARMM during the 2001 plebiscite, and the cities of Cotabato and Isabela in the provinces of Maguindanao and Basilan, respectively, which are already part of the ARMM.There shall be developed jointly, by the appropriate government authorities both of the republic and of the region, a democratic process for the accession to this region of additional geographic areas, including barangays, of predominantly Muslim or ethnic Moro population, preferably but not necessarily always contiguous to the region. Similar authorities of both the republic and the region shall likewise determine the demarcation and status of territorial waters of the region based mainly on the archipelagic principle.The Bangsamoro homeland is the historical and traditional territory in the Mindanao, Sulu and Palawan islands that had been inhabited, occupied and ruled by the Bangsamoro people particularly during the time of their pre-colonial sultanates and principalities. This historic homeland or ancestral territoriality constitutes a basis for

Bangsamoro self-governance, but such historical sovereignty over these geographical areas, while an important territorial criterion for possible expansion of the region, shall now have to be subject to the free and genuine expression of the will of their contemporary inhabitants.Sec. 4. [Legislative Powers: Exclusive, Concurrent, and Residual.] Within its political territory or territorial jurisdiction and subject to this Article X-A, the Bangsamoro self-governing region shall have legislative powers over all matters except the following reserved exclusively for the National Government: Defense and external security; Foreign relations and policy; Territorial integrity; Citizenship and naturalization; Coinage and monetary policy; Postal system; and Common market and global trade.There shall be concurrent legislative powers between the Congress and the region’s legislature on the following matters: Public welfare and humanitarian institutions; Social welfare, charities and charitable trusts; Public health and social services; Education and skills training; Registration of births, deaths, marriages and divorces; Registration of changes of residence; Cadastral land surveys; Land registration and distribution and water regime; Agriculture and forest management; Inland waterways and coastal shipping; Inland fisheries and coastal preservation; Aqua culture and marine matters; Protection regarding the marketing of food, drink and tobacco; Transport planning and infrastructure; Tourism development; Ports, harbors and foreshores; Coast guards and border patrols; Urban and rural development; Regional economic structures; Nature conservation and preservation of historical and cultural sites; Waste disposal and noise abatement; and the equitable sharing of common wealth.All powers, functions, and responsibilities not otherwise granted exclusively or concurrently in this Article X-A to the National Government shall be vested in the region. Notwithstanding the aforesaid limitation on the legislative powers of the region, it may enact laws that promote the general welfare of the Bangsamoro people.Sec. 5. [Legal Regime, Human Rights, and Legal Pluralism.] The legal regime in the Bangsamoro self-governing region shall be governed principally by the following legal sources: this Article X-A; the Bangsamoro Basic Law as organic act to be drafted by a

constituent assembly of the Bangsamoro people; by international human rights law and generally accepted principles of international law which are both deemed adopted as part of the law of the region; and the Bill of Rights of the Philippine Constitution. The other Articles of the Constitution as well as national laws shall apply in a suppletory capacity insofar as they are not inconsistent herewith. The constitutional principle of separation of Church and State, and the related non-establishment of religion clause, in particular shall not be applicable to a Moro Islamic system as may be established in the region.The protection and respect of human rights, shall be guaranteed in the region, especially the following international human rights treated in a unified way: the right to equality and non-discrimination; the right of minorities to preserve their own culture, religion and language; the right of indigenous populations to preserve their traditions, as well as their special rights to land and its natural resources; and the right of peoples to self-determination. Among others, civil liberties, religious freedom, women’s rights, vested property rights, and the rights to self-determination and ancestral domain of indigenous highlander tribes, as well as their freedom of choice, shall be recognized and respected, including as provided in the Indigenous Peoples’ Rights Act, the United Nations Declaration on the Rights of Indigenous Peoples, and the Mamalu-Tabunaway Pact between the Teduray and Maguindanaon tribes.While the Bangsamoro Basic Law shall be the main governing law in the region, the legal regime therein shall allow for a measure of legal pluralism or a plural legal order in which diverse co-existing legal regimes are superimposed, interpenetrated, and mixed. These include Philippine law, international law, shari’ah or Islamic law, customary adat law, and indigenous tribal customary law. The regional legislature may adopt, in whole or in part, national laws as well as Muslim Mindanao Autonomy Acts of the ARMM Regional Legislative Assembly, without necessarily thereby impliedly adopting their constitutional and legal bases. The appropriate authorities of the republic and of the region, as well as of the concerned indigenous highlander tribes within the region, shall develop jointly internal conflict-of-laws mechanisms for situations or disputes where both Bangsamoro nationals and non-nationals are involved, with international human rights as main common ground and normative

standard for conflict resolution.Sec. 6. [Institutions and Structures of Governance, Co-Relation with and Representation in the National Government.] The Bangsamoro self-governing region shall be empowered to build, develop and maintain its own institutions of governance, inclusive of legislative, civil service, electoral, legal, judicial, police and internal security, correctional, educational, economic, financial and banking institutions, necessary for a progressive and modern Bangsamoro society, including in co-relation with national institutions of governance within the Philippine polity. The structure of the regional legislature, executive and judiciary may be different from that of the National Government. Local governments shall be governed by the legal regime in the region which shall provide for appropriate mechanisms for their representation in and consultation by the regional government. The latter through its legislature may provide for an appropriate structure and configuration for the more effective and viable governance of the two (2) main geographical parts, i.e. the central mainland part and the southwestern islands part, of the region, even as the latter level shall remain the center of gravity for self-governance.The appropriate government authorities both of the republic and of the region shall develop jointly the mechanisms for coordination, adjustments and conflict resolution such as where there may be overlapping jurisdictions, especially in the matters of administration of justice and of local government units. Among the major components of such mechanisms shall be representation in the National Government and veto-type mechanisms in case of national measures that would unduly prejudice the self-governance and welfare of the region. The representation mechanisms shall include two (2) additional Senate seats and three (3) additional House seats for the region with the concerned Senators and Representatives to be voted at large only in the region. Any Congressional change in the configuration or status of the congressional districts and local government units in the region shall require the concurrence of the regional legislature. Other mechanisms of representation as well as of veto shall be provided by Congress, including in its internal rules, and by the appropriate measures of the executive, administrative and judicial departments of the National Government, in consultation and concurrence with the proper regional authorities.

Sec. 7. [Ancestral Domain, Resource Utilization, and Wealth-Sharing.] The Bangsamoro ancestral domain does not form part of the public domain but encompasses ancestral, communal and customary lands, maritime, fluvial and alluvial domains as well as all natural resources therein that have inured or vested ancestral rights on the basis of native title to the Bangsamoro people in their historic homeland, established not only through occupation, possession and dominion since time immemorial but also by cultural bond, customary law, historic rights and legal titles. This special concept of ancestral domain shall apply only within the political territory or territorial jurisdiction of the Bangsamoro self-governing region. The region shall, among others, exercise power or authority over the natural resources, including subterranean natural resources and strategic minerals, within its territorial jurisdiction. The exploration, development, and utilization of these natural resources shall reinforce the region’s economic self-sufficiency while safeguarding environmental security and integrity for sustainable development. The general percentage ratio of wealth sharing between the region and the National Government shall be 75:25 in favor of the region.The ownership and use of land as well as various forms of land tenure, rights, claims and reform shall be governed by the plural legal and property regime in the region, with due regard to vested property rights and legitimate private property. There shall be a thorough review of the public land acts and land tenure system as these have impacted on the region, with a view to more effectively accommodating customary and indigenous land rights and law as well as adopting modern international trends of best practices and systems here.Sec. 8. [Transitional Justice, Reparation, and Reconciliation.] The historic and legitimate grievances of the Bangsamoro people arising from unjust dispossession of their territorial, proprietary and tenurial rights, as well as from their systematic marginalization and minoritization, is acknowledged by the Philippine State. Where land restitution is no longer possible, the National Government shall take measures of adequate reparation or compensation collectively beneficial to the Bangsamoro people, in such quality, quantity and form to be determined mutually by the appropriate government authorities of both the region and the republic.Transitional justice and reparation or compensation shall also be

justly due to the civilian victims of war crimes and gross violations of human rights committed by both sides. There shall likewise be both substantive and symbolic measures of transitional and restorative justice as well as of national reconciliation to heal inter-people relationships and deep social, cultural and religious cleavages, including through special intervention of affirmative action for Muslims or ethnic Moros in diasporas outside the region and no less than a review, rewriting and re-teaching of Philippine and Mindanao history.Sec. 9. [Shared Security Arrangements.] The preservation of peace and order within the Bangsamoro self-governing region shall be its responsibility which shall be exercised through its police and internal security force. The external defense and security of the region shall be the responsibility of the National Government which shall exercise it through the Armed Forces of the Philippines which, as the protector of the people and the State, is also a protector of the Bangsamoro people, since the AFP exists to protect the human rights of every Filipino citizen. There shall be in the region an effective program for disarmament, demobilization and reintegration, or whatever it may be called, for the Moro liberation armed forces. This program shall also purposively deal with demilitarization and normalization, dismantling of paramilitary forces and private armies, and small arms and light weapons control. It shall co-relate with national and Mindanao-level efforts at security sector reform, as well as peace education and culture of peace efforts to address the “culture of the gun.”Sec. 10. [Mechanisms and Time Frame for Transition, and Future Amendments.] Within thirty (30) days from the ratification of this Article X-A in a plebiscite called for the purpose of voting on proposed constitutional amendments, a Bangsamoro constituent assembly, to draft the Bangsamoro Basic Law as the organic act of the Bangsamoro self-governing region, shall be convened pursuant to an executive order to be issued by the President, the groundwork for which would have been laid by the broad-based Mindanao peace process, including the peace negotiations and agreements with the two (2) main Moro liberation fronts. Within six (6) months from the time of organization of the Bangsamoro constituent assembly, it shall complete its work of drafting the Basangmoro Basic Law consistent with this Article X-A, and with the assistance and participation of adequate cross-community, multi-ethnic and multi-party stakeholder consultation mechanisms to be provided in the executive order.

Within forty-five (45) to sixty (60) days from the completion of the draft Bangsamoro Basic Law, it shall be submitted to the Bangsamoro people for ratification or otherwise in a referendum/plebiscite called for the purpose in the core or initial territory indicated in Sec. 3 above, with the majority vote thereon to be reckoned on the basis of that whole territory. Upon such majority vote of approval, the Bangsamoro Basic Law shall come into force and effect, and the Bangsamoro self-governing region shall be deemed created. The existing Organic Act for the ARMM shall, however, continue to be in force and effect as the main governing law of the existing ARMM Regional Government which shall continue to function, albeit mainly to assist in the transition in support of transitional mechanisms and bodies to be provided in the executive order, until the election of the new Bangsamoro Regional Government under the Bangsamoro Basic Law. This election shall be conducted within another forty-five (45) to sixty (60) days from the ratification of the Bangsamoro Basic Law. Upon the election of and soonest assumption of office by the new Bangsamoro Regional Government, the existing ARMM Regional Government shall cease to function and the ARMM Organic Act shall be deemed repealed.Any future amendments to this Article X-A shall require only the concurrence of Congress and the Bangsamoro self-governing region’s legislature on a co-equal basis as the primary sovereign representative bodies of the sovereign Filipino and Bangsamoro peoples, respectively, in their herein provided shared sovereignty over the region.[Note: The above “sample proposal” is a verbatim reproduction of a portion of the article “Imagining a constitutional amendment for a Moro Sub-state”, written by Soliman M. Santos, Jr., published in The Mindanao Reformer, 21 August 2011]With the insertion of the proposed additional provisions (just sample provisions) in the 1987 constitution, there can be no arguing that the way to the establishment of a Moro Sub-state in Mindanao can be paved by the institution of mere amendments to, and not revision of, the Constitution.This is because the envisioned changes in the existing Constitution, to pave the way for the establishment of a Moro Sub-state, could be effected by merely adding new provisions in the same, and not for the purpose of subjecting the entire Constitution to revamp or rewriting.

To continue, the 1987 constitution provides for a process through which amendments to the constitution is made, starting from the formulation of proposal to submission of the same for the final imprimatur of the people in a plebiscite.Article XVII, on Amendments and Revisions, provides:Section1. Any amendment to, or revision of, this constitution may be proposed by:1. The Congress, upon a vote of three-fourths of all it members; or2. A constitutional convention.XXXXXXXXSection 3. The Congress may, by a vote of two-thirds of all its members, call a constitutional convention, or by a majority votes of all is members, submit to the electorate the question of calling such a convention.Section 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendments or revision.Fr. Joaquin G. Bernas, S.J. supplied the details on how the above-quoted provisions of the 1987 Constitution shall be enforced. He stated:Theoretically this can be achieved. But the fear is very real that the initiation of any form of amendment will open up the floodgates for a total overhaul of the Constitution. But if the powers that be will support it, a “surgical” form of amendment can be achieved. This is possible because of the way the current provision on constitutional change is worded.The Constitution now says: “Any amendment to, or revision of, this Constitution may be proposed by: (1) the Congress, upon a vote of three-fourths of all its Members; or (2) a constitutional convention.” Under these terms, neither a constitutional convention nor a joint session is needed. The two Houses have the option either of coming together in joint session or of deliberating separately as they are where they are, as they do with ordinary legislation. Whether to act as two separate bodies or as one body that votes separately is for Congress to decide. It is a “political question” beyond the jurisdiction of courts. Thus either House can initiate a constitutional amendment

bill or a constitutional revision bill, debate on it, and approve it by a vote of three-fourths of all the members and thereafter pass it on to the other House for similar deliberation and action. If approved by both Houses, it can go to a plebiscite for ratification or rejection by the electorate.Under such an arrangement, the proposed change can be as broad or as narrow as the legislators might want. The fact that no one has tried this method for the purpose of radically overhauling the Constitution is perhaps an indication that neither the Senate nor the House of Representatives is prepared to overhaul the Constitution.Neither, however, has the surgical method been tested. In my view, the search for a solution of the Mindanao problem can be approached through this “surgical” method. More specifically, the goal can be either a reformulation of what can be given to the Autonomous Region or the formation of a federated state for Mindanao. I believe that a limited constitutional change can be proposed by Congress under the present constitutional provision.Under this separate arrangement, the needed changes for Mindanao can be initiated either in the House of Representatives or in the Senate. Once a proposal is approved in one House by a vote of three-fourths of all its members, it can be sent to the other House for its consideration and disposition. If one House refuses to cooperate, that will be the end of the proposal. Or, if the version approved by one House is different from that of the other, then, as in ordinary legislation, a bicameral committee can be formed to resolve differences. Once a common provision is achieved, it can go back to both Houses for ratification by a vote of three-fourths of all the members. If all goes well, then the provision will be ready for submission to a plebiscite. [Jaoaquin G. Bernas, S.J., Sounding Board, The Substate Dream, Philippine Daily Inquirer, August 29, 2011]Aside from a Constituent Assembly and a Constitutional Convention, there is ANOTHER constitutional process through which the constitution could be amended (Note that this process is not available for revision), and this same process of amending the Constitution, upon the passage of the required enabling law, could also be made available for the establishment of a Moro Sub-state in Mindanao. Article XVII, on amendments or revisions, ALSO provides:

Section 2. Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters therein. No amendment under this section shall be authorized within five years following the ratification of this Constitution nor oftener than once every five years thereafter.The Congress shall provide for the implementation of the exercise of this right. (Underscoring supplied)XXXXXXXXXXXXXXXAny amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the certification by the Commission on Elections of the sufficiency of the petition.However, the constitutional provisions on people’s initiative cannot be availed, as of yet, for the purpose of amending the 1987 Constitution. These provisions still require the passage of an enabling law in order for these particular constitutional provisions to become enforceable.This is even truer in the light of the ruling of the Supreme Court rendering R.A. 6735 (An Act Providing for a System of Initiative and Referendum, approved on August 4, 1989) inadequate for purposes of initiative on the Constitution. (PIRMA vs. COMELEC, G.R. No. 129745, September 23, 1997)Thus, we now zero in on just two constitutional processes through which the Constitution could be amended for the purpose of establishing a Moro Sub-state in Mindanao, that is, through a Constituent Assembly or through a Constitutional Convention.A choice as to which of the two constitutional processes we shall take refuge on to ensure the attainment of a desire to establish a Moro Sub-state in Mindanao is crucial, if we have to institute amendments to the Constitution which are responsive to the aspiration of the Bangsamoro people for self-rule and self-determination.A lapse of judgment in the exercise of this choice could make the whole exercise a mere waste of money, time and efforts, with all initiatives toward the attainment of the aspiration for a Moro Sub-state gone to naught.Also, with such wrong choice of constitutional process, the possibility

of embedding in the prevailing Constitution provisions which are irrelevant to our common quest for - and prove inadequate for the attainment of lasting peace in Mindanao, by means of parliamentary ambuscades, is not far-fetched.In the first blush, amending the Constitution through a Constituent Assembly appears to be the most viable and easiest option. But, for us to be tempted by the convenience of constitutional shortcuts in the pursuit of this future-defining work could become, for the country, an entirely dangerous proposition.Hence, we should free ourselves from the seducing flirtation of convenience and ease, lest, we contribute to the embroiling of Mindanao into a crisis of hope, which could transform the Island into a powder-keg.To amend the Constitution, through a Constituent Assembly, would mean allowing the politicians, comprising the Senate and the House of Representatives, to formulate a PROPOSAL which will be submitted eventually for the ratification of the people in a plebiscite called for the purpose. (Section 1, Number (1) and Section 4, Paragraph 1, Article XVII, on subject matter of ratification only)The problem with allowing politicians to propose amendments to the Constitution is that they have the tendency to conform their ideas to the prevailing public pulse or sentiment which, as always, may result to the sidelining of meaningful and substantial theoretical constitutional proposals necessary for the attainment of peace in Mindanao.To be fair, we cannot blame politicians for giving paramount considerations to impulses. It is, altogether understandable, for them to articulate the popular public sentiment as this is an effective way of preparing themselves for the next electoral season, and an indispensable formula for political perpetuity and active accumulation of economic power.In any event, the dominant proposition remains to be that it is not desirable to entrust the delicate task of preparing the constitutional ground for the establishment of the Moro Sub-state in Mindanao solely on politicians.The reason for this is quite graphic. As it was in the past, and as it is still now, delving into a Moro question in Mindanao does not happily

sit well with the popular sentiment. We articulate this, not for the purpose of subjecting politicians to derision, but for the purpose, in fact, of showing them our utmost understanding and sympathy.The dominant idea among the ranks of the progressive forces is that the task of proposing amendments to the Constitution is better given to the Constitutional Convention, whose members are elected by the people solely for the purpose of amending the Constitution. By adopting this particular constitutional process, the people are given the opportunity to catapult men and women, who could represent their intellectual aspirations, in the halls of the Constitutional Convention.It is our view that the pursuit of tasks that involve high degree of social craftsmanship or social engineering are better left to academicians, social theorists, political scientists and intellectuals elected on the basis of knowledge and experiences acquired in a lifetime, and not on the poignancy of electoral schemes and other material considerations.Surely, the task of working for an end to a 40-year old ferment in Mindanao, wagging the flag of a sub-state as a formula, is the domain only of those who are intellectually capable of exploring the vast, but mostly unexplored social vista, comprising the virtually borderless political, economic and socio-cultural landscape.Certainly, too, the formation of an intellectual pool which will be tasked to find final solution to the armed conflict in Mindanao, which has long stalled our nation’s march towards economic prosperity, is possible if amendments to the Constitution will be made to pass through the halls of the Constitutional Convention.This does not mean, however, that we do not anymore need politicians in Congress in the running of the entire constitutional process. For one, the calling and the convening of the Constitutional Convention can only be done by Congress. The choice of method of proposal, whether made directly by Congress or through a Constitutional Convention, is within the full discretion of the legislature. (Occena vs. Comelec, 104 SCRA 1)

THE CREATION OF THE BANGSAMORO SUBSTATE CAN BE ACCOMMODATED IN THE PRESENT CONSTITUTION AND LAWS

(Note: This article is a reproduction of our legal study in the MSU College of Law. The study presented two legal theories through which a Moro Substate can be established. In this portion of the study, we argued that the same can be established by mere statutory processes, and not necessarily through constitutional amendment, though the latter is preferred for reason of permanency and stability.)In this part of the study, we will prove that the establishment of a Moro sub-state in Mindanao can still be realized without necessarily amending the Constitution for that purpose. The existing provisions of the Constitution are already sufficient basis for the passage of an organic law creating a Moro Sub-state in Mindanao, with attributes responsive to the aspirations of the Bangsamoro people.Specifically, by amending RA 9054, an organic act governing the Autonomous Region in Muslim Mindanao (ARMM), in a manner which grants said regional autonomous government all the governmental powers that can be given by statute, a Moro Sub-state in Mindanao, which is reflective of the Moro people’s aspiration for self-determination, can still be established.Of course, we are all aware that an ordinary legislation cannot amend any provision of the organic act. Its creation or amendment can only be through a plebiscite called for the purpose. (Pandi vs. CA, G.R. No. 116850, April 11, 2002) What we are trying to point out is that such Organic Act can be amended in such a way that a Moro sub-state is, in effect, created, without amending the Constitution.The existing provisions of the Constitution empower Congress to grant almost illimitable power to the autonomous region, short of independence. If there are provisions in the Constitution which limit or set certain standards on the power of Congress to grant sufficient powers to the autonomous region, these same limitations or sets of standards are just for the purpose of ensuring that the national sovereignty and the territorial integrity of the Republic of the Philippines are respected.The 1987 Constitution mandates for the creation of the autonomous region in Muslim Mindanao xxx, consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of this Constitution and the national sovereignty as well as territorial

integrity of the Republic of the Philippines (Article X, Section 15, underscoring supplied).Towards this end, Congress is mandated by the Constitution to enact an Organic Act for the autonomous region which shall define the basic structure for the government in the region consisting of the executive department and legislative assembly, both of which shall be elective and representative of the Constituent political units. Congress is also mandated by the Constitution to likewise provide for special courts with personal, family and property law jurisdiction consistent with the provisions of this Constitution and national laws (Article X, Section 18, underscoring supplied).Admittedly, the phrases “within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines”; “both of which shall be elective and representative of the Constituent political units”; and “consistent with the provisions of this Constitution and national laws” operate as limitations on the power of Congress to grant governmental powers and functions to the autonomous region. The establishment of a Moro Sub-state in Mindanao, as pre-conceived by its advocates, does not intend to go beyond these limitations.On one hand, the establishment of a Moro Sub-state in Mindanao does not contemplate a kind of an autonomous region which is sovereign within a state or an imperium in imperio. It does not, at all, campaign for separation or independence. In fact, it does not intend to revive the Moro Sultanates in Mindanao, and will merely consider these Sultanates as part of the cultural heritage of the Bangsamoro people. The proposed Moro Sub-state is not under the control of the head of the Philippine State. But it would be under his supervision. This system of relationship is eloquently articulated in the ruling of the Supreme stated below, thus:Control is defined as “the power of an officer to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the former for that of the latter.” It includes the authority to order the doing of an act by a subordinate or to undo such act or to assume a power directly vested in him by law. Control is a stronger power than mere supervision, which means “overseeing or the power or authority of an officer to see that subordinate officers perform their duties. If the latter

fails or neglects to fulfill them, then the former may take such action or steps as prescribed by law to make them perform their duties. (Rosalinda Santos vs Executive Secretary Macaraig and Manglapus, G.R. No. 94070, April 10, 1992)In addition, the proposed Moro Sub-state is not intended to veer away from the political framework set forth in Constitution, such as but not limited to; renunciation of war (Article II, Section 2); freedom from nuclear weapons (Article II, Section 8); independent economy and foreign policy (Article II, Section 7); promotion of social justice (Article II, Section 10); right to health and balanced and healthful ecology (Article II, Sections 15 and 16); and full respect for human rights (Article II, Section 11).Furthermore, the proposed sub-state is also intended to be governed by elected representatives of the people so as not to defeat the republican and democratic character of the Philippine state (Article II, Section 1). It shall further ensure respect of the constitutional right of all the people to due process and equal protection of laws (Article III, Section 1) as a necessary means for the celebration of human freedom and dignity.There is a question whether Congress can authorize the creation of special courts with criminal jurisdiction within the proposed Sub-state, taking into account the following provision in the Constitution:“The organic acts shall likewise provide for special courts with personal, family and property law jurisdiction consistent with the provisions of this Constitution and national laws.” (Article X, Section 18)Considering that the above constitutional provision does not have any restrictive words, such as “only”, “purely”, etc., the same provision shall not be construed as tying the hands of Congress from conferring criminal jurisdiction to special courts, which are actually Shariah Courts, that it may create within the autonomous region by amending the existing Organic Act for the autonomous region.Since the Constitution does not directly prohibit the statutory conferment of criminal jurisdiction to Shariah Courts, Congress, by exercising its general legislative power to propose, enact, amend and repeal laws granted by the Constitution (Article VI, Section 1), can do exactly the same.

This legal theory is bolstered by the fact that, for the Moro people, the establishment of the Shariah court is not just in consonance with the function of a civil government, but it is strongly intertwined in their freedom of belief which is strongly protected by the Constitution (Article III, Section 5).Moreover, the establishment of Shariah Courts is necessary for the preservation of their cultural heritage, which deserves the respect of every civilization. The Koran, which is the sole source of Islamic faith and foundation of Islamic governance, is replete with passages mandating punitive actions against criminal offenses. The full gamut of religious freedom must be recognized even in area where a principal basis for the autonomy is religious homogeneity. (Bernas, 2006)The Constitution mandates that the organic act of autonomous region shall provide for legislative powers over the following areas of governance:1. Administrative organization;2. Creation of sources of revenues;3. Ancestral domain and natural resources;4. Personal, family, and property relations;5. Regional urban and rural planning development;6. Economic, social, and tourism development;7. Educational policies;8. Preservation and development of the cultural heritage; and 9. Such other matters as may be authorized by law for the promotion of the general welfare of the people of the region. (Article X, Section 20)Congress may still confer upon the autonomous region legislative powers beyond those already constitutionally enumerated. The above enumeration is not exhaustive of what the Organic Act may give to the autonomous regions. The enumeration in Section 20 is intended as a political signal that indeed the Constitution takes the matter of regional autonomy seriously. (Bernas, 2006)The above powers, if conferred upon the autonomous region in their optimum extents, could transform the present autonomous region into a sub-state, with an inherent right to self-rule.In stating this, it is important to stress that; in our previous discussions; we have already cured the misconception that the Constitution is an obstacle to the establishment of a Moro sub-state in Mindanao.It cannot be denied, however, that the same Article X, Section 20, of the Constitution subjects the exercise of the autonomous region of its

power to the limits and standards set forth by national laws, which may restrict the inherent governmental powers of the proposed sub-state.This, for us, is not a problem. Congress could just pass a law excepting the autonomous region from the application of any existing national laws that serve as a hindrance to the exercise of the proposed sub-state of its inherent powers.In addition, it is not altogether automatic that, when the laws passed by the autonomous region are in conflict with a national law, the former is considered null and void. This should not be concluded with mechanical precision.When the conflict is between national statues and local laws, (however), there is no easy answer to the question as to which should prevail. The matter could not only very well necessitate the serious weighing of the values involved but even the adjustment of national laws in order to accommodate the constitutional desire for local autonomy in its various aspects. (Bernas, 2006)The crucial issue involving the establishment of a Moro Sub-state, as a formula for lasting peace, is whether or not it is conferred with the power to guarantee the ownership and control of the Bangsamoro people over lands and natural resources within their respective ancestral domains.The matter of ancestral domain of the Bangsamoro should be dealt with squarely because it is the most important elemental dimension in its struggle for self-determination. Alienating the Moro struggle from the issue of ancestral domain will render illusory their aspiration for economic prosperity and for the meaningful exercise of their right to self-determination.The focal issues that we need to resolve are (1) ownership of lands within the ancestral domain of the Bangsamoro people; and (2) ownership, control and utilization of natural resources within such ancestral domain.The popular notion is that the granting the Moro people their right to their ancestral domain, including the enjoyment of the natural resources therein, requires amendment to the Constitution.We hold a contrary view. Constitutional amendments are not conditions sine qua non for the granting of such right to the Bangsamoro. It can be done through legislation and through other

positive acts of the government.

RATIO DECIDENDI FOR THE CREATION OF A MORO SUBSTATE IN MINDANAO (PART 1)(Note: In today's (April 27, 2012) issue of the PDI, varied reactions on the proposed New ARMM, which is actually intended to give rise to a Moro Substate in Mindanao, have been published. The proposal for a New ARMM will, certainly, trigger an intensified debate among key sectors not only in Mindanao, but also in the whole country, this early. We, thus, intend to actively participate in this narrative-building work for Mindanao by publishing a relevant portion of our Legal Study as students of the MSU College of Law, entltled "Legal Requirements for the Establishment of a Moro Substate in Mindnao." In this portion of the study, we prove that this latest political project is not only a necessity, but an indispensablle formula for survival. Let this series be our humble contribution to our common aspiration for the eventual birthing of a New Mindanao. LET US BEGIN!)The armed conflict in Mindanao has subsisted for too long and solutions to it are not forthcoming. The proposal for a Moro Substate is the newest social and political concept now being offered not only as a solution to this perennial problem but as a political instrument for peace.The primordial objective of this study is to contribute to this unfinished task of finding answers to the continuing ferments in Mindanao. It intends to craft a legal formula, which is basically an enumeration of available legal tracks on which the Moro sub-state can be organized and made to function. Furthermore, it also seeks to answer the crucial issue as to whether or not the establishment of the Moro sub-state is conferred with the power to vest ownership and control by the Bangsamoro people over lands and natural resources within the jurisdiction of the proposed substate.Findings of the study clearly showed that while the best way to establish a Moro sub-state is through constitutional amendments, it can still be done by making use, and through the “optimization”, of the existing provisions in our present Constitution and by the passage of relevant legislations pursuant thereto. As it was evidently demonstrated, the proposed sub-state is never intended to veer away from the political framework provided for by the Constitution nor

defeat the republican and democratic character of our country.The matter of ancestral domain of the Bangsamoro should also be dealt with squarely because it is the most important elemental dimension in its struggle for self-determination. With regard to the issue on ownership of lands within the area of jurisdiction of the proposed substate, it is submitted that ownership of lands of public domain located outside the Bangsamoro people’s ancestral domain but within the area of jurisdiction of the proposed substate, can be privately appropriated in favor of the same without the need of any constitutional amendment.The dominant finding of this study centers on the fact that both the executive and legislative departments of the government play monumental roles in putting into realization the dream for the establishment of a Moro substate as a political project for peace. What is only required of them is their sincere efforts and high sense of creativity in optimizing the prevailing constitutional and legal tools in the task of making Mindanao into what it should become and ushering it to where it is destined to be

RATIO DECIDENDI FOR THE CREATION OF A MORO SUBSTATE IN MINDANAO (PART 2)(Note: In today's (April 27, 2012) issue of the PDI, varied reactions on the proposed New ARMM, which is actually intended to give rise to a Moro Substate in Mindanao, have been published. The proposal for a New ARMM will, certainly, trigger an intensified debate among key sectors not only in Mindanao, but also in the wholecountry, this early. We, thus, intend to actively participate in this narrative-building work for Mindanao by publishing a relevant portion of our Legal Study as students of the MSU College of Law, entltled "Legal Requirements for the Establishment of a Moro Substate in Mindnao." In this portion of the study, we prove that this latest political project is not only a necessity, but an indispensablle formula for survival. Let this work be our humble contribution to our common aspiration for the eventual birthing of a New Mindanao. LET US BEGIN!)The proposal for the establishment of a Moro Sub-state in Mindanao is a fresh attempt to venture into a very complicated task of finding a final solution to decades of armed conflict in this troubled Island. Concretely, it represents the people’s collective aspiration for the

birthing of a New Mindanao where justice reigns supreme and peace and prosperity abound. Sadly enough, however, it was brought to the fore within certain historical strand when the passing of time is yet to completely settle the emotional outcry resulting from the eventful thrashing by the Supreme Court of the Memorandum of Agreement on Ancestral Domain (MOA-AD) between the Government of Republic of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF), and the public outrage generated by the Maguindanao massacre.Hence, this proposal for the establishment of a Moro Sub-state in Mindanao is expected, as always, to sail on turbulent waters, especially under the prevailing situation where we reel along an unfavorable social climate created by the infamous Maguindanao massacre. There is no question that this display of impunity had caused the traditional prejudices, if not bigotry, against the Bangsamoro people to reemerge on public consciousness. This ancient savagery, which claimed fifty seven lives, majority of them were media persons, has literally destroyed the edifice of trust which the people of goodwill in Mindanao, and the whole nation, had painstakingly built for years.This study intends to highlight the legal requirements for the establishment of a Moro Sub-state in Mindanao. By doing this, it is earnestly hoped that this work could contribute, even if just a little, to the success of our collective struggle for peace; a struggle that has already subsisted for almost half a century. (TO BE CONTINUED)

OWNERSHIP OF LAND AND NATURAL RESOURCES BY THE BANGSAMORO PEOPLE WITHIN THEIR ANCESTRAL DOMAIN(Note. We post here a portion of our legal study in the MSU College of Law in consonance with the request of Herbert Demos, of the Alliance of Progressive Labor (APL) in line with APL's peace campaign in Mindanao. The article answers why the Bangsamoro People own lands and natural resources within their ancestral domain, and why these lands and natural resources are exempted from the application of the Regalian Doctrine.)The crucial issue involving the establishment of a Moro Sub-state, as a formula for lasting peace, is whether or not it is conferred with the power to guarantee the ownership and control of the Bangsamoro

people over lands and natural resources within their respective ancestral domains.The matter of ancestral domain of the Bangsamoro should be dealt with squarely because it is the most important elemental dimension in its struggle for self-determination. Alienating the Moro struggle from the issue of ancestral domain will render illusory their aspiration for economic prosperity and for the meaningful exercise of their right to self-determination.The focal issues that we need to resolve are (1) ownership of lands within the ancestral domain of the Bangsamoro people; and (2) ownership, control and utilization of natural resources within such ancestral domain.The popular notion is that the granting the Moro people their right to their ancestral domain, including the enjoyment of the natural resources therein, requires amendment to the Constitution.We hold a contrary view. Constitutional amendments are not conditions sine qua non for the granting of such right to the Bangsamoro. It can be done through legislation and through other positive acts of the government.This popular call for constitutional amendments on the issue of ancestral domain is anchored on Section 2, Article XII of the Constitution, which states:Sec. 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated.Based on the above constitutional provisions, there are those who believe that for the Bangsamoro people to be entitled to lands and to natural resources found therein, a constitutional amendment is indispensable. This is the contention that this study intends to belie.The obiter dictum of the Supreme Court in Oposa vs. Factoran, G.R. No. 101083, July 30, 1993, on the right of the people to a balanced and healthful ecology applies to entitlement of the Moro people of their rights over their ancestral domain, and this serves as a strong anchor for our main legal thesis. The Supreme Court opined:

Such a right belongs to a different category of rights altogether for it concerns nothing less than self-preservation and self-perpetration XXXXX the advancement of which may even be said to predate all governments and constitutions. As a matter of fact, these basic rights need not even be written in the Constitution for they are assumed to exist from the inception of humankind.The Bangsamoro people own all lands within their ancestral domains by virtue of ownership (1) under native title and (2) by acquisitive prescription against the state. They are exempted from the application of the regalian doctrine which is given flesh by Section 2, Article XII of the Constitution.These twin legal doctrines were clearly articulated by Supreme Court’s Associate Justice Santiago M. Kapunan in his separate opinion in Cruz and Europa vs. Secretary of Environment and Natural Resources, G.R. No. 135385:Ownership by virtue of native title presupposes that the land has been held by its possessor and his predecessor-in-interest on the concept of an owner since time immemorial. The land is not acquired from the State, that is, Spain, or its successor-in-interest, the United States and the Philippine Government. There has been no transfer of title from the State as the land has been regarded as private in character as far back as memory goes. In contrast, ownership of land by acquisitive prescription against the state involves a conversion of the character of the property from alienable public land to private land, which proposes a transfer of title from the State to a private person.Ownership of the Bangsamoro people of lands within their ancestral domain by virtue of native title -The occupation, under the concept of an owner, of the Moro People of lands within their ancestral domain predates the signing of the Treaty of Paris on December 10, 1898. Thus, it is very clear that such lands have never become public lands and are considered private lands from the period beyond the reach of collective memory and are therefore owned by the Moro people by virtue of native title.This contention finds support in the 1907 landmark case of Cariño vs. Insular Government, G.R. No. 2869, March 25, 1907, where the United States Supreme Court (at that time decisions of the U.S. Court were binding as precedent in our jurisdiction) ruled:

“x x x Every presumption is and ought to be taken against the Government in a case like the present. It might, perhaps, be proper and sufficient to say that when, as far back as testimony or memory goes, the land has been held by individuals under a claim of private ownership, it will be presumed to have been held in the same way from before the Spanish conquest, and never to have been public land. x x x”This legal doctrine was reiterated by the Supreme Court in a more convincing manner in Oh Cho vs. Director of Lands, G.R. No. 48321, August 31, 1946. The Supreme Court declared:“[a]ll lands that were not acquired from the Government either by purchase or by grant, belong to the public domain, but [a]n exception to the rule would be any land that should have been in the possession of an occupant and of his predecessors in interest since time immemorial, for such possession would justify the presumption that the land had never been part of the public domain or that it had been private property even before the Spanish conquest.”The Moro people own lands within their ancestral domain by acquisitive prescription against the StateThe continuous occupation and possession of the Bangsamoro people of lands within their ancestral domain, in the concept of an owner, long before the signing of the Treaty of Paris in 1898, operates as an implied public grant by the State of such ownership in their favor. This principle was enunciated by the Supreme Court in its decision in Republic vs. Lee, 197 SCRA 13, thus:Equally basic is the rule that no public land can be acquired by private persons without any grant, express or implied, from government. A grant is conclusively presumed by law when the claimant, by himself or through his predecessors-in-interest, has occupied the land openly, continuously, exclusively under a claim of title since July 26, 1894 or prior thereto.The above rulings institutionalized the recognition of the existence of native title to land, or ownership of land by Filipinos by virtue of possession under a claim of ownership since time immemorial and independent of any grant from the Spanish Crown, as an exception to the theory of jura regalia. (Separate Opinion, Associate Justice Santiago M. Kapunan, on the constitutionality of IPRA, The Divided Court)

The fact that the Bangsamoro people were already inhabitants of Mindanao long before the colonial period is given in history and is no longer contested by historians. In fact, they had already organized their own government (the three Sultanates) and lived under a developed economic arrangement prior to the Spanish conquest. Hence, the lands within their ancestral domains are private lands owned by them and are not lands of public dominionThe Bangsamoro people may still acquire lands of public domain outside their ancestral domains but within the area of the proposed sub-state -Under the law and existing jurisprudence, the title to lands of public domain, located outside their ancestral domain but within the area of jurisdiction of the proposed sub-state, can actually be privately appropriated in favor of the Bangsamoro people, without tinkering with the Constitution.What is only required for the grant of this ownership to the Bangsamoro people is the sincerity of the government in exerting serious efforts in putting to rest the issue of ancestral domain which is the crux of their struggle for their right to self-determination.Without undermining rights already vested, the government may classify available lands of public domain into alienable and disposable lands so that the Moro people within the Moro Subs-state may privately acquire the same by implied or expressed public grant.After lands of public domain are classified into alienable and disposable land, the authorized instrumentality of the government could already effect their dispositions to deserving Moro inhabitants residing within the sub-state. However, those who occupy public lands, declared as alienable and disposable, through their predecessors-in-interest, for a period 30 years are considered to have acquired said lands through acquisitive prescription.Section 4 of Presidential Decree No. 1073, issued effective January 25, 1977, authorized the acquisition of alienable and disposable public agricultural lands by acquisitive prescription. The decree states, in part:Section 4 – Provisions of Section 48 (b) and Section 48 (c), Chapter VIII, of Public Land Act are hereby amended in the sense that these provisions shall apply only to alienable and disposable lands of the public domain which have been in open, continuous, exclusive and notorious possession and occupation by applicant himself or thru his

predecessor-in-interest, under a bonafide claim of acquisition or ownership since June 12, 1945.Moreover, the Supreme Court, in its decision in the case of Director of Lands vs. IAC and ACME, 146 SCRA 509, became even more liberal in favor of the actual occupants of alienable and disposable lands when it stated that 30 years of continuous occupation of alienable and disposable land of private person converts said land to private land by virtue of an expressed grant by the state. The Supreme Court, in the said case, ruled:The correct rule XXX is that alienable public land by a possessor, personally or through his predecessor-in-interest, openly, continuously, and exclusively for the prescribed statutory period of 30 years under the Public Land Act, as amended, is converted to private property by mere lapse or completion of said period, ipso jure.Since Section 48 (b) of the Public Land Act itself considers “possession of public land which is of the character and duration prescribed by statute as an equivalent of an express grant from the state”, then the conformation proceedings would in truth be a little more than formality, at the most limited to ascertaining whether the possession claimed is of the required character and length of time; and the registration thereunder would not confer title, but simply recognized the title already vested. The proceedings would not originally convert the land from public to private land, but only confirm such a conversion already effected by operation of law from the moment the required period of possession became complete.Thus, open, exclusive and undisputed possession of alienable public land for the period prescribe by law creates a legal fiction whereby the land, upon the completion of the requisite period ipso jure and without need of judicial and other sanction, ceases to be public land and becomes private property (San Miguel Corporation v. Court of Appeals, G.R. No. 57667, May 28, 1990).Aside from public agricultural lands, timber and mineral lands located outside the Moro people’s ancestral domain, but within the area of jurisdiction of a sub-state, can also be subjected to private appropriation in favor of its inhabitants.We adhere to the Regalian Doctrine wherein all agricultural, timber and mineral lands are subject to the dominion of the state. (Sunbeam Convenience Food v. Court of Appeals, 181 SCRA 443) But they can

be classified from forest group and converted into alienable and disposable land for agricultural and other purposes and be subjected to private appropriation by positive act from government granting the same. (Ituralde v. Falcasantos, G.R. No. 12817, January 20, 1999)The “positive act from the government” being referred to is the act of the government reclassifying lands of public domain into alienable and disposable lands which is the prerogative of the executive department through the Office of the President. (Republic vs. Register of Deeds of Quezon, 244 SCRA 537) Even lands so gained by the sea can be subjected to private appropriation as long as the executive department of the government and possibly the legislative department summon their authority and power and declare that such lands are not necessary for purposes of public utility, or for establishment of special industries or coast guard service. (Faustino Ignacio v. Director of Lands, L-12958, May 30, 1960)At this juncture, we have already demonstrated clearly that it does not require constitutional amendments to grant the Bangsamoro people their right to their ancestral domain and even lands of public domain outside their ancestral domain but within the jurisdiction of the Moro Sub-state.CONTROL AND OWNERSHIP BY THE BANGSAMORO PEOPLE OF NATURAL RESOURCES WITHIN THEIR ANCESTRAL DOMAINThis time we will venture into defining the rights of the Bangsamoro people over natural resources within their ancestral domains.Really, to lodge the ownership of natural resources to the Bangsamoro people as a private entity seems to be running inimical to the import of Article XII, Section 2 of the Constitution, which mandates that “xxxx waters, minerals, coal, fisheries, forest or timber, wildlife, flora and fauna, and other natural resources are owned by the state.”It is notable that, unlike the issue of ownership of lands of public domain, exceptions set forth by jurisprudence to ownership and control by the state of the country’s natural resources seemingly appears barren. But, it does not mean that there is none.R.A. 8371, the Indigenous People’s Rights Act (IPRA), which legally authorized private ownership of natural resources within the ancestral domain, was declared constitutional by the Supreme Court in the case of Cruz and Europa vs. Secretary of Environment and Natural Resources,

G.R. No. 135385, December 6, 2000. Section 3(a) and (b) of R.A. 8371, which declared constitutional, states:Ancestral domain is an all-embracing concept which refers to lands, in land waters, coastal areas, and natural resources therein and includes ancestral lands, forests, pasture, residential, agricultural, and other lands individually owned whether alienable or not, hunting grounds, burial grounds, worship areas, bodies of water and other natural resources. XXX (Underscoring ours)This provision of R.A. 8371was declared constitutional by the Supreme Court despite the claim of the Solicitor General that such a provision is a clear abdication by the state of its ownership over the country’s natural resources as mandated by Section 2, Article XII of the 1987 Constitution. Thus, this section of R.A. No. 8371 remains to have an effect of stare decisis on the question of ownership of natural resources within the ancestral domain.Of course, it must be borne in mind that a law remains constitutional until declared otherwise by the competent court. It is believed that to be constitutional, this should apply only to xxx rights prior to the Constitution. (Memorandum of the Code Commission as cited by Paras, 1999)The Bangsamoro people, based on tribal stratifications, are also considered as among indigenous peoples or indigenous cultural communities. For instance, the Iranuns, the Yakans, the Maranaos, the Tausogs, the Maguindanaons and others are group of peoples who had naturally developed in the Islands of Mindanao were assimilated to the Islamic faith long before the advent of Spanish Colonization.RA No. 8371 defines indigenous peoples or indigenous cultural communities as:(h) Indigenous peoples/Indigenous cultural communities – refer to a group of people or homogenous societies indentified by self-ascription and ascription by others, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed and utilized such territories, sharing common bonds of language, customs, traditions, and other disctinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, non-indigenous regions and cultures, became

historically differentiated from the majority of Filipinos. Indigenous peoples shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country at the time of conquest or colonization, or at the time of inroads of non-indigenous religions and cultures, or the establishment of present state boundaries, who retain some or all of their social, economic, cultural and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains xxx.The right of the Bangsamoro people over natural resources their ancestral and ancestral domain is further bolstered by the existing issuances of Department of Environment and Natural Resources (DENR). Paragraph 1, Section 2, Article VII of DENR Department Administrative Order (DAO) No. 02, Series of 1993:SECTION 2. Rights and Responsibilities of Ancestral Land Claimants –1. Rights1. The right to peacefully occupy and cultivate the land, and utilize the natural resources therein, subject to existing laws, rules and regulations applicable thereto;2. The right of the heirs to succeed to the claims subject to existing rules and regulations;3. The right to exclude from the claim any other person who does not belong to the family or clan; and4. The right to utilize trees and other forest products inside the ancestral land subject to these rules as well as customary laws. (Underscoring supplied.)In addition, Number 1, Paragraph 1, Section 1, Article VII of the same DENR DAO expressly allows ancestral domain claimants to reside peacefully within their domain.The establishment of a Moro Sub-state, as a political subdivision of the parent Philippine state, but with associative, and not hierarchical, relationship with the former, may operate as legal formula towards the granting of the ownership of the natural resources to the Bangsamoro people.It is inherent for a Sub-state to share power with the Parent state, and this could include the power to own natural resources within its jurisdiction. If the state can share its inherent powers (e.g. police power, power of taxation, power of eminent domain, not to mention the power to own public lands) to local governments, there is no reason why it cannot share its power to own natural resources to its special subdivision, the Moro Sub-state, for a nobler cause of ending decades of blood-letting in Mindanao.

The declaration by Supreme Court of the provision of R.A. No. 8371, authorizing private ownership of natural resources within the ancestral domain, did not come as a surprise. Ownership of the state of the country’s natural resources as mandated by Article XII, Section is not absolute. It admits an exception. When it comes to ownership of natural resources, Article XII, Section 2, is the general rule, while Article X, Section 20, number (3) is the exception.Thus, Article XII, Section 2, of the 1987 Constitution should be interpreted or read in relation to Article X, Section 20, Number (3) of the same Constitution. To do otherwise is to betray the very purpose for which the Constitution was promulgated.The Constitution must be regarded as consistent with itself throughout. No constitutional provision is to be separated from all the others, or to be considered alone, all provisions bearing upon a particular subject are to be brought into view and to be so interpreted as to effectuate the great purposes of the fundamental law. (Separate opinion in Cruz and Europa vs. Secretary of Environment and Natural Resources, G.R. No. 135385)Article X, Section 20, mandates for the passage of Organic Act granting the autonomous region legislative powers over ancestral domain and natural resources within its territorial jurisdiction. (Emphasis supplied)This constitutional mandate for Congress to grant legislative power to the autonomous region - not only over ancestral domain but also over the natural resources located therein - is indicative of the state’s intention to share with the autonomous region its power of ownership over natural resources within its area of jurisdiction.If it is otherwise, there could be no way whereby the autonomous region can legislate on matters affecting ancestral domains and natural resources therein. A rule on elementary logic dictates that an entity cannot decide on a thing it does not own.But, granting arguendo that it is not really constitutionally feasible for the Parent State to share ownership of natural resources with the Sub-state, the Constitution has the abundance of provisions which may afford its inhabitants full enjoyment of natural resources within its jurisdiction. The maximization of a constitutional privilege for the utilization of natural resources by the inhabitants within the region could still result to their virtual ownership of these resources.

Again, the separate opinion of Justice Santiago M. Kapunan on the constitutionality of R.A. No. 8371 is revealing of this fact:Section 2, Article XII of the Constitution provides in paragraph 1 thereof that the exploration, development and utilization of natural resources must be under the full control and supervision of the State, which may directly undertake such activities or enter into co-production, joint venture, or production-sharing agreements. This provision, however, should not be read in isolation to avoid a mistaken interpretation that any and all forms of utilization of natural resources other than the foregoing are prohibited. XXXXIn addition to the means of exploration, development and utilization of the country’s natural resources stated in paragraph 1, Section 2 of Article XII, the Constitution itself states in the third paragraph of the same section that Congress may, by law, allow small-scale utilization of natural resources by its citizens. Further, Section 6, Article XIII, directs the State, in the disposition and utilization of natural resources, to apply the principles of agrarian reform or stewardship. Similarly, Section 7, Article XIII mandates the State to protect the rights of subsistence fishermen to the preferential use of marine and fishing resources. Clearly, Section 2, Article XII, when interpreted in view of the pro-Filipino, pro-poor philosophy of our fundamental law, and in harmony with the other provisions of the Constitution rather as a sequestered pronouncement, cannot be construed as a prohibition against any and all forms of utilization of natural resources without the State’s direct participation.

“We want a nation but not separate from the republic. It must have power to govern but not above the power of the Philippine government,” This is a laudable, practical and practicable proposition. Peace in Mindanao is at hand.

MILF drops bid for independence - The Philippine Star » News » HeadlinesThe Moro Islamic Liberation Front (MILF) had already abandoned its quest for an independent state in Mindanao before its meeting in Japan with President Aquino last Thursday, the government’s chief negotiator with the rebel group said yesterday.PHILSTAR.COM

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Francis Macoy Layog, Vic Ang III and 34 others like this.

Johnny Secretaria @least we'll have it in our lifetime! good job Pnoy...7 August 2011 at 11:25 · Like

Bernie Deatras i can see now light at the end of the tunnel God Willing peace for mindanao at once.7 August 2011 at 11:33 · Like · 1

Jiggz Zamayla at what price?...concessions?...there's so much divisions within their org... a laudable beginning though...let's pray for a just, comprehensive resolution of the contentious issues at hand..that both sides are sincere ...that there's trust that both sides honor whatever agreement...avoid acrimonious debates.. mindanao suffered enough...let's support initiatives to bring lasting peace to mindanao.7 August 2011 at 12:52 · Like · 1

Virgilio Paulo Alconera Jiggz, i think this time around it will be different. there is sincerity in both sides.7 August 2011 at 13:19 · Like · 2

Jiggz Zamayla Sir, MILF must also police their ranks...active not passive policing..preempt renegades from scuttling the fragile situation..there are also segments in the gov't that may want a long-drawn conflict...the leadership of Pnoy , his sincere motives must transcend all the self-serving agenda of the few in his administration...poverty is shamefully high in a number of provinces in mindanao, particularly in conflict areas..in the Land of Promise...many go hungry...peace ushers development...food production...employment... Go Pnoy..May God guide and strengthen you.!7 August 2011 at 14:34 · Like · 3

Ponciano Alconera all the filipino people wanted this to happen many years back. sincerity is always the key. prvious talks are always with a hidden agenda on both sides. this time it's near to a positive result which will help our nation be globally improved on all aspect in a society. . . . .7 August 2011 at 15:06 · Like · 2

Grax Jam Dee Cee let's just hope that there will be no more spsg will be formed..iba talaga c pnoy!8 August 2011 at 15:49 · Like

Abedin Limpao Osop @Bernie, Peace at once? No! Trouble and suffering in Mindanao will worsen. What kind of government the government gives the MILF? There is the Autonomous Region or Muslim Mindanao, having the three branches of government, the excutive, the legislative and the judiciary and has the advantage of being supported by the government with so huge a budget, the Internal Revenue Allotment (IRA), wherewhich if used according to the Islamic preciepts, would have made the ARMM the richest and most progressive part of the country. The area covered by the ARMM was given to the MNLF by Ramos under the agreement forged between the GRP and the MNLF in 1996. The same area or territory is now going to be awarded to the MILF, the very reason why P-Noy did all his best to postpone the ARMM election this August to 2013.9 August 2011 at 00:12 · Like · 3

Jacinto Ruiz- Omila Jr i see it differently...they want a nation but not separate from our republic..for convenience and financial protection...fingers crossed..i hope it will work...11 August 2011 at 14:07 · Like

Wilfredo Sayson " We must learn to live together as BROTHERS or perish together as FOOLS." - Martin Luther King, Jr.12 August 2011 at 08:14 · Like · 1

Nieva Era Ruto Duya YES!! to this great idea!!Lets do and transform it into ACTION!!!12 August 2011 at 13:51 · Like

Marnel Verana At least they are talking peace... but personally I do not believe that lasting peace is at hand nor can i now see the light at the end of the tunnel. Look, ARMM was the concession to the MNLF, now a substate will be conceeded to the MILF (area withi...See More12 August 2011 at 23:22 · Like · 1

Khominie Tumilap Mantil-Baguilan peace in mindanao and freedom to the bangsamoro...!!!!!!!!

FAB

Talking peace and genderBy Rina Jimenez-DavidPhilippine Daily Inquirer2:29 am | Friday, March 28th, 2014

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As I write this, people are waiting for the ceremonies marking the signing of the final comprehensive peace agreement between the government and the Moro Islamic Liberation Front (MILF) to get underway.But already, signs of discord, if not hostility, have broken out. TV news footage shows a clash between followers of the MILF and supporters and members of leftist groups at the foot of Mendiola Bridge. Chased away by police, the leftists had gathered at Mendiola hoping to grab a share of the limelight to air their grievance over the arrest of the Tiamzon couple, who are widely believed to have taken over the leadership of the local communist movement. The MILF supporters had gathered to express support for the peace process, and perhaps to raise the profile of Bangsamoro groups or individuals in preparation for the elections of 2016.But even in the Muslim-dominated areas of Mindanao, agreement has not been readily forthcoming. Residents of a town in Lanao del Sur, said to be the only Christian majority town in the province, staged a rally to air their protest against being included within the foreseen Bangsamoro territory. This, even as a plebiscite has yet to be held to determine which areas will fall under the Bangsamoro authority. Perhaps the town leaders feel a preemptive strike is necessary to air their grievances and raise their profile.And yet, despite the many kinks encountered, here we are, about to end decades of violence and tension, marginalization and exclusion, with the signing of an agreement that has been the fruit of decades of talks, negotiations, back-door and front-door deals, and the goodwill of all parties involved.Most commentators have chosen to focus on the weaknesses of the main document and its annexes, anxious perhaps not to sound naïve or foolish, or gullible to government or MILF propaganda. Well, let me take a different tack. I

believe the next steps forward will bring the country to a better future. The peace process has opened the eyes of so many Filipinos to the “other side.” We have learned to see past the stereotypes Christians and Muslims had built around each other, and discovered the legitimacy and authenticity of each other’s concerns, not to mention, our historical grievances.If we have learned—not to let go but rather to simply set aside—generational legacies of prejudice and myths, then perhaps we can learn not just to live together and cooperate, but also to plan and dream together, and create the future that everyone says they desire.* * *AFTER two weeks of negotiations, the UN Commission on the Status of Women (CSW) released an outcome document that pushes forward even more strongly the rights of women and girls. The document also promises to put women and girls front and center in the next global development agenda, after the world finishes appraising the success (or failure) of the Millennium Development Goals (MDGs), which will come up for review next year.

While setting out remarkable targets to eradicate poverty, and improve access to education, health and development priorities, it had been pointed out that “gender” was the missing ingredient in an otherwise admirable list of priorities.But as the world has learned, by turning a “gender blind” eye to development issues, the MDGs were perhaps doomed to fail. Without addressing the issue of gender fairness, gender justice and prioritization of resources, and without the participation or even recognition of the role of women and girls, the MDGs were left with a huge gaping hole at the heart.One of the MDGs, for instance, called for the reduction of maternal mortality rates, as well as of infant and child mortality rates. But women die as a result of pregnancy and childbirth due to a number of reasons, among them their lack of access to safe assisted births, health facilities and even a lack of contraceptive choices. Without addressing the uneven status of men and women in society, goals aimed at reducing maternal mortality are merely addressing the tail-end of a problem that begins almost from the moment a girl is born into an unfair world.* * *GOING into the negotiations, the biggest fear of many participants was that the gains achieved in previous years would be undermined by the “usual suspects” and their newly-found allies among conservative governments.But overall, says a report in the British broadsheet The Guardian, much of the resulting agreement is calling for the acceleration of progress toward achieving the MDGs and “confirming the need for a stand-alone goal on gender equality and women’s empowerment.”Certainly, there were attempts to water down or soften language on gender equality and rep roductive rights, with some delegations seemingly allergic to such terms as “diversity” or “forms of families.”But as The Guardian observes: “There is general agreement that this year’s CSW did produce a strong outcome,” with the document making specific references to uphold women’s sexual and reproductive health and rights; an

agreement to eliminate all harmful practices, including child marriage and female genital mutilation. “There were also explicit references made to a woman’s right to access abortion services and the development of sex education programs for young people,” the report said. “And the there was strong language around violence against women and girls.”Stretching to the early hours of the morning, the negotiations were neither easy nor conflict-free. Now it’s up to governments—and women—to make sure these words, fought over line by line, thought by thought, are made flesh and real and truly transformative.

Read more: http://opinion.inquirer.net/73007/talking-peace-and-gender#ixzz2xEk6TLH8 Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook

The peace agreement with the MILFBy Randy DavidPhilippine Daily Inquirer2:40 am | Thursday, March 27th, 2014

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A realistic way to understand the Comprehensive Agreement on the Bangsamoro that is due to be signed today amid tremendous rejoicing is to view it as a concrete plan for establishing a stable political order in Muslim Mindanao. Its chances of succeeding are bolstered by the fact that it was painstakingly drawn up by representatives of the Philippine government and of the Moro Islamic Liberation Front (MILF).Producing a document like this is no mean achievement. The discursive context that frames it is surely far more instructive than the text itself. The negotiators on both sides were not only dealing with each other; they were also balancing what was reasonable and just with what they thought their own people could accept. The government panel was constrained by basic constitutional issues—would this agreement not violate Philippine sovereignty? Similarly, the MILF panel had to deal with the legitimacy question—is it defending or is it selling out the historic rights of the Moro people?

But, even as we hail this momentous breakthrough, we cannot underestimate the hurdles that the next phases of the process pose. The Filipino people have to give their consent to the agreement, through their elected representatives, by passing a basic law creating an autonomous Bangsamoro political entity. Though not a separate state, this entity is going to be a self-governing community entrusted with greater powers than a local government unit. In turn, the MILF will have to secure acceptance of the plan through a plebiscite that will be held to ascertain the will of the people in “the proposed core territory” of the Bangsamoro.These are only two points in the legalization process. There could be a prolonged debate in Congress. Along the way, some groups could go to the Supreme Court to question the constitutionality of the whole process. On the Moro side, other armed groups in Mindanao that do not recognize the MILF leadership could, at any point, stage a reprise of Nur Misuari’s suicidal show of force that wreaked havoc on Zamboanga City last year.In a world flattened by global processes, I am simply awed by the continuing power of religion and ethnicity as a basis of differentiation. Nation-states everywhere are fast losing their capacity to manage the future of their peoples amid so much complexity. In view of this, what promise can autonomy, or even secession, hold for those who look upon it as a cure for persistent poverty? I’m afraid nothing much except as a vital first step toward establishing a functioning political order. Autonomy is not a panacea.But, on the bright side, a peace agreement creates its own momentum and its own fresh advocates. Among the latter are the governments and organizations from various countries—particularly Malaysia—that kept their faith and lent support whenever the talks hit rough patches. That kind of global solidarity and goodwill is an exceptional resource that a nation can tap in its quest for solutions for its own manifold problems.

Having come this far, we must give the MILF everything that it needs to complete this project. Indeed, we could not have chosen a better partner. Its leaders manifested wisdom and will in the course of their negotiation with the Philippine panel. They not only showed that they could rise above demagoguery; they actually risked losing their standing among their people when they shunned the easy path of going back to war in the wake of the Supreme Court’s rejection of the earlier deal forged with the Arroyo administration.But, we must patiently address apprehensions at home. Some people see this agreement as a prelude to the Philippine republic’s dismemberment. As patriotic as this sentiment may be, it is not rooted in reality. The sovereignty of the republic has never been completely established or accepted in many parts of Muslim Mindanao. That is why the presence of the Philippine state there has always had to be backed up by its armed forces.  This uneasy state of affairs, which is akin in its effects to foreign occupation, has excluded this region and its people from the circuits of the modern world. It has kept the people poor and insecure.Successive generations of Filipino politicians know this only too well. Some have

tried to resolve the impasse by crushing the Moro armies. But others know better than to seek the annihilation or total subjugation of the Moro people. The usual route has been to stabilize Muslim Mindanao by coopting its traditional leaders into the country’s own corrupt political system. Others have chosen to pursue peace by negotiating accords with the dominant armed group of the moment. The ideal situation would have been for the different armed groups in Muslim Mindanao to negotiate as one entity. But their fragmentation is precisely part of the problematic reality we are dealing with. This is why peace in Mindanao has remained as elusive as it has been improbable.Theoretically, once the organic law is passed, uniting Muslim Mindanao under a single autonomous government becomes the main responsibility of the MILF. But, just as it was foolish to let the beneficiaries of agrarian reform sink or swim on their own after they got their land, so would it be a disgrace if we thought the MILF could build its own political community without the Filipino people’s active support and wish to make it succeed.The world rarely sees governments and rebels come together to talk things over, clarify differences, rebuild trust, and arrive at a consensus. We are a bright solitary spot in a planet wracked by war. We cannot fail.

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Pro-FilipinoBy Conrado de QuirosPhilippine Daily Inquirer2:16 am | Wednesday, March 26th, 2014

Defense Secretary Voltaire Gazmin was asking for it. He said last week: “Our problem is we keep on complaining about the Enhanced Defense Cooperation with the US. Why don’t we complain when the Chinese use water cannons on us? Why? Nasaan ang pagka-Pilipino natin? (Where is our Filipino spirit)? We demonstrate against those who are helping us but we don’t demonstrate against those who are bullying us?”To which Bayan Muna, the group Gazmin had referred to by “we,” replied by daring him to join its members in their demonstrations against China’s incursions into the Spratlys. Said Rep. Neri Colmenares: “Bayan Muna has

publicly criticized China through rallies and public statements, and even led the recent Congress investigation into China’s incursions into our territories. General Gazmin has not attended a single anti-China rally.”Kabataan Rep. Terry Ridon added that his group had been protesting China’s “strong-arm tactics” over Ayungin and Panatag Shoals for some time now. “Secretary Gazmin should not play the China card to justify the surrender of sovereignty in the new access agreement with the United States.”I leave them to debate the attitude/response of Bayan Muna and its kindred groups toward China. But that aside, I agree with Bayan Muna’s disputation of the way the government has dealt with the China problem. I’ve expressed the same sentiments of late.First off, putting it in terms “Why do we rally against those who are helping us and not against those who are bullying us?” is deceptive, if not deceitful. While there is no question about the Chinese bullying, there is every question about the American help.In fact, the American help is not help in the sense that we normally understand help. It is not voluntary, it is obligatory. It is not a matter of choice, it is a matter of necessity. It is not a matter of entreaty, it is a matter of treaty. The Americans are duty-bound to help us, whether we allow them to put up military bases here or not. Indeed, whether we allow them to use our military bases or not. Which raises the stupefying question of why we need to give them access to our bases to get that help. Which raises the brain-addling question of why we need to give them a new haven to get that defense.We already have the Mutual Defense Treaty, which compels them to come to our aid when we are being attacked. We are being attacked. Why is that help not there? Why is that help not being demanded by us even now? Why is that help not forthcoming unless we enter into another agreement to enforce an agreement that doesn’t seem enforceable without new agreements?Second off, this is trading a birthright for a bowl of porridge, as Esau did his to Jacob. Or for those who do not like metaphors, that is trading off something of enormous value for something utterly trivial out of immediate need. Or more to the point, trading off the past and the future because of some transient need in the present.What happens once the crisis with China blows over? Then we’re stuck with the Americans and their installations in our bases. In theory, it will be the easiest thing to just send them packing. The Filipino commander calls the shots, the Philippine government is in command. In practice, it is next to impossible. The fact that we’ve had American military presence in this country forever, except for a few years after we kicked out the US bases, and then not entirely so, must testify to how next to impossible it is.

Whether out of their refusal to leave or out of our refusal to let them go doesn’t really matter.Gazmin’s call for us to appreciate the Americans, while excoriating the Chinese, bids us forget our entire history. That history says it was the Americans and not the Chinese that invaded us, occupied us. That history says it was the Americans who occupied a portion of our territory in military bases, and it was all we could do to push them out. That history says that despite the proffered hand of friendship, mythologized by the image of Filipinos and Americans fighting side by side in Bataan, walang iwanan, the Americans did in fact leave us to our devices, and the Filipino veterans who fought a heroic war of resistance can’t even get their due from the government they served. Hell, at least a bowl of porridge can be eaten.That history says the Americans have oppressed us while we’ve oppressed the Chinese—by discriminating against them, by putting them in pogroms, by stereotyping them as shysters and profiteers.And finally, why in God’s good name should it be a choice between America and China, between being pro-American or pro-Chinese? What idiocy is that? Why should our foreign relations revolve around other countries, particularly a superpower that can swallow us up and spit us out piece by piece? Why should the equation be that if you’re not rabidly pro-American, you’re resolutely anti-Filipino?“Rabidly” is the word. Vietnam and Japan are pissed off by China, too, but they are not ceding parts of their territory, even if that means only the inside of their camps, to American troops and equipment to stop China. Vietnam and Japan are rallying world opinion to their side, too, but they are not strutting around with sabers bared declaring noisily, “Don’t mess with us, nakasandal kami sa pader.” Vietnam and Japan are trying to get the dispute settled multilaterally, too, with the help of friends and the blessings of the United Nations, but they are not willing to bind themselves to America in order to be free.Pro-America or pro-China? Why can’t we just be pro-Filipino? To paraphrase Gazmin himself: We keep complaining about the Chinese trying to own a piece of our country, why don’t we complain about the Americans owning the whole of it?Nasaan ang pagka-Pilipino natin?

The gov’t-MILF peace pact: a Moro perspective

By Macabangkit B. Lanto2:10 am | Wednesday, March 26th, 2014

Morolandia, particularly the province of Maguindanao, is agog as March 27 nears, when the peace agreement between the Moro Islamic Liberation Front and the government will be signed, insa Allah (God willing). Following cherished tradition, there will be banging of the agong (gongs), playing of the kulintang (xylophone), and a display of resplendent multicolored flags and buntings to celebrate the historic day.Sadly, however, the event is not free of controversy. It has elicited strong adverse reactions and commentaries mostly from armchair analysts and pundits, including jurists and sociologists, who express concern about its legality and pessimism over the future of the Moro people. In fact, a retired justice, in an article titled “A prelude to secession?” (Opinion, 2/4/14), raised the bugaboo of the agreement being incapable of hurdling the constitutional test and a veiled inroad to the possible dismemberment of the republic. The naysayers and Cassandras paint a gloomy picture, citing the attacks and depredations mounted by renegade commander Umra Kato and his band (the Bangsamoro Islamic Freedom Fighters) and the bloody siege of Zamboanga City by the faction of the Moro National Liberation Front led by Nur Misuari as dark signals for the days to come even after, or despite, the signing of the agreement.It is easy for people who have not been exposed to the agony and cruelty of the conflict to question the efficacy of the agreement as an instrument of peace. But to many Moros who have been ensnared for decades in the morass of terror and uncertainty, the agreement casts a glimmer of hope for peace.  And they are profusely grateful to President Aquino, his peace adviser Teresita Deles, and the leadership of the MILF for assiduously pursuing peace despite the odds strewn along the path.But the historic event on March 27 flashes back shards of memory of the lonely, arduous and bloody struggle of the Moro people for a proper place in the Philippine political setting. The Moro war is the sum total of the colonization campaign of foreign invaders, the abuse, inequity, injustice, exploitation and despoliation of their natural resources by the government and the so-called “carpetbaggers,” or capitalist vultures. Let me cite a few snippets of history that served as the fuse to the Moro war in the hope of assuaging the negativism of those against the peace agreement.During the American colonial period, the grabbing of Moro lands was institutionalized through legislation. Public Act No. 718 issued on April 4,

1903, in effect voided the property rights and feudal titles of the Moro sultans. Public Act No. 926 issued on Oct. 7, 1903, declared all unregistered lands, including the ancestral domain of the Moros, as public domain and open for homestead. And the Public Land Act of 1919 granted Filipino Muslims land ownership of a maximum of only 10 hectares of land, while the Christians or non-Muslims were allowed a maximum of 24 hectares.At one point, the government lured communist rebels to surrender with the promise that they would be given lands in Mindanao and provided with farm equipment. This resulted in the establishment of settlements like the Magsaysay Edcor Settlement in the Lanao and Cotabato provinces and the displacement of the Moros.Tales of the gory killing of innocent Moros cannot be forgotten. There was the infamous “Jabidah Massacre” of young Muslim military trainees on March 18, 1968, who were recruited by the government to infiltrate Sabah in Malaysia (this was the event that led to the establishment of the MNLF). And there were the massacres in 1971, the year that Moros refer to as annus horribilis: at Manalili, Carmen, North Cotabato, where men and women and even children were herded into a mosque on the pretext of a peace meeting, and killed by government troops collaborating with the Ilaga (members of a state-sponsored private armed group); in Tacub, Kauswagan, Lanao del Norte, where 36 Maranaw, including the newly-elected mayor of the town of Munai, were killed at a military checkpoint; in Wao, Lanao del Sur, where 30 Muslims were killed; and in Lebak, South Cotabato (now Sultan Kudarat), where 46 Muslims were mowed down on Nov. 27, 1971.These and countless unreported killings of innocent civilians have contributed largely to the deep-seated animosity and distrust of the Moro people toward the government.Given these tales of mayhem, pillage and injustice, is it asking too much for critics of the peace pact to give peace a chance?Many Moros like myself will accept any piece of paper, short of compromising our honor and dignity, that will keep the ember of hope for peace burning in our hearts and heal the wounds inflicted by the injustice of the past.Lawyer Macabangkit B. Lanto acquired his masteral and doctoral degrees from New York University under a Fulbright fellowship. He is a former assemblyman and speaker of the Legislative Assembly of Autonomous Region 12, and also a former congressman, ambassador, undersecretary of tourism, and undersecretary of justice.

Rough road ahead for Bangsamoro constitutionBy Neal H. CruzPhilippine Daily Inquirer2:09 am | Wednesday, March 26th, 2014

Tomorrow the peace panels of the Philippine government and the Moro Islamic Liberation Front will sign the basic agreement that will formally end the decades-long “war” in Mindanao. That will not be the end of it, however.The basic law, or constitution, of the semi-autonomous Bangsamoro that will result from the agreement will have to be passed by Congress. Then that constitution will have to be submitted to the people of the affected areas for ratification. Then the officials of the new Autonomous Region in Muslim Mindanao will have to be elected.Only after the elected officials assume office will the government of the new ARMM begin to function. Many questions remain unanswered. Among them: What will happen to the Tripoli Agreement involving the Moro National Liberation Front of Nur Misuari? How will the disarming of the Moro private armies be done? What about the sharing of natural resources in the ARMM between the national government and the Bangsamoro? Remember that the seas around the region are supposed to be rich in oil and natural gas. Several international corporations have applied for the right to search for more oil and gas. The Malampaya gas field off Palawan is already producing.These were the issues raised in the discussion at the Kapihan sa Manila at the Diamond Hotel last Monday among ex-general, ex-senator and now Muntinlupa Rep. Rodolfo Biazon; Rep. Jonathan de la Cruz of the party-list group Abakada; the new spokesperson of the Department of Foreign Affairs, Assistant Secretary Charles Jose; and the new leaders of the MNLF Central Committee led by its chair, Ambassador Datu  Abul Khayr Alonto. Seated beside him in the panel were Adziz Barri Malaguiok and Hadji Hudan Abubakar, first and second vice chairs, respectively, but it was the voluble Alonto who did the talking for them.Representative Biazon does not see smooth sailing for the Bangsamoro constitution in Congress. He said he expected many problems to arise and for members of Congress to question its legality. Can Congress legally enact the constitution of an autonomous region? Is it not the people of the region who should draft their own constitution? How will the people of the region—Muslims, Christians and tribals alike—be consulted?

Biazon said he would propose that representatives of all the stakeholders in the region, including Misuari and Umra Kato of the Bangsamoro Islamic Freedom Fighters, a splinter group of the MILF, be invited to the congressional hearings. He said that because there are valid warrants of arrest for Misuari and Kato, safe-conduct passes should be issued to them.On the replacement of Misuari as chair of the MNLF Central Committee, Ambassador Alonto clarified the wrong impressions resulting from various news reports.He said his group did not necessarily “reorganize” the MNLF as an organization, or at least not yet. “What we did was simply a well-meaning step to preserve whatever was left of the organization…” he said.According to Alonto, the new MNLF supports the ongoing peace process between the government and the MILF, “joined in by many peace-loving sectors not only in the Philippines but also in the international community, particularly the 56 member-states of the Organization of Islamic Conference.”On the statement of Misuari that the MNLF is not “supporting the peace process,” Alonto said many in the MNLF, especially the founding group, have been in support of the peace process and are silently praying for its success.“What we did,” he said, “was simply to ensure the integrity of the MNLF, recognizing former Chairman Misuari, to ignore the reports about his being ‘in hiding’ or ‘in hibernation,’ but simply, we see that he has not been a visible part of the ongoing efforts to attain peace.”Alonto denied the impression that “the Philippine government [and] its officials were part of the process to reconstitute the MNLF top leadership.”“The different factions of the MNLF continue to be composed of brothers in the revolution, committed to the cause of the Bangsamoro. The changing of leadership should be appreciated as part of the dynamics of a living organization,” he said.* * *Biazon, a graduate of the Philippine Military Academy, was asked about his opinion on the case of Cadet First Class Aldrin Jeff Cudia who was dismissed from the PMA after the honor committee, composed of his fellow cadets, found him guilty of violating the PMA Honor Code.The lawmaker said he was glad President Aquino did not reverse the decision of the honor committee. “The Honor Code is strictly for the cadets,” he said.The Honor Code prohibits cadets from stealing, cheating, lying, and tolerating others who do. Many other cadets have been dismissed in the past for violating the code, Biazon said, adding that at one time, 46 cadets were dismissed for cheating.However, Biazon said, Cudia should be given his diploma and transcript of records so that he can pursue other careers.As for Cudia being made to reimburse the P2 million spent by the government for his education at the PMA, Biazon said that is not called for by the circumstances. He explained that PMA cadets are required to serve in the military for at least eight years after graduation (two years for every year spent in the PMA). If he resigns from the military before the eight years are finished, he has to reimburse

the expenses for his schooling.But Cudia’s case is different. He does not want to resign. “And in the first place, coming from a poor family, where will he get the P2 million?” Biazon said.

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Murad: Bangsamoro identity restoredBy Kathlyn dela Cruz, ABS-CBNnews.comPosted at 03/27/2014 11:48 PM | Updated as of 03/28/2014 12:14 AM

MANILA -- After 17 "long and oftentimes lonely" years of negotiation between the government and the Moro Islamic Liberation Front (MILF), the identity, powers and resources of the Bangsamoro are finally restored, MILF Chairman Al Haj Murad Ebrahim said Thursday.

Speaking before the historic signing of the Comprehensive Agreement on the Bangsamoro (CAB), Murad said the MILF and the Philippine government are finally forging an agreement that "guarantees mutual recognition, respect and restoration of the legitimate rights of the people in the Bangsamoro."

"With the signing of the CAB, the legitimate aspirations of the Bangsamoro and the commitment of the government of the Philippines to recognize and address these aspirations are now sealed and witnessed by all peace-loving people in the Philippines and the whole world," he said.

But while they are overwhelmed by happiness with the signing of the CAB, he stressed that actions from both parties are still needed in order to institute reforms, and ensure lasting peace, justice and prosperity.

"Only then would the agreement become credible and acceptable to all," he said. "But we have not come this far only to dampen by doubts and worries," he said.

He said the "tangible support" from both parties will surely put to rest all fears, adding that they have learned to fully respect each other's beliefs, principles and ideologies.

"We believe we have reached the highest respect for each other's beliefs, principles and ideologies with sincerity on our hearts. We offer the CAB to the Filipino people as the grandest articulation of our aspirations," Murad said.

He assured the Filipino people that it is not only the MILF who will benefit from the comprehensive peace pact but also the Moro National Liberation Front

(MNLF), ethnic tribes, Christian settlers, and indigenous people in the Bangsamoro territory.

He said the MILF will only serve as a gatekeeper of the new Bangsamoro entity during the transition period.

"The MILF does not and will never claim sole ownership of the Comprehensive Agreement on the Bangsamoro... It will not be a government of the MILF but the government of the Bangsamoro," he said.

During his speech, the MILF chief also honored their departed leaders and members "who could no longer see dawning of this new era for the very people they sacrificed their lives for."

"We strongly pray for an accepting and not merely tolerant public that will support, give a chance for Bangsamoro deal to succeed... The support we ask is not merely in keeping optimism but also participating in realization of the objective of the peace process," Murad said.

What happens after MILF peace agreement is signedby RG Cruz, ABS-CBN NewsPosted at 03/26/2014 9:03 PM | Updated as of 03/26/2014 9:03 PMMANILA - Butch Panegel Malang is a commander of the Moro Islamic Liberation Front (MILF). He is in Manila now, not for an armed offensive, but as a witness for peace.

From the jungles of Mindanao, he arrived Wednesday in the metropolis, a day head of the signing of an agreement that is envisaged to finish the war he fought for so long.

The Comprehensive Agreement on the Bangsamoro (CAB) that will be signed Thursday has 5 component documents. They are the framework agreement signed in 2012 and separate annexes on revenue generation and wealth sharing, normalization, power sharing, and transitional arrangement.

Once signed, the comprehensive agreement will pave the way for the Bangsamoro Transition Commission (BTC) to finalize a draft of the proposed Bangsamoro Basic Law (BBL).

The BBL will implement the provisions of the agreement.

The BTC's draft BBL will be reviewed by the Palace prior to submission to Congress by June.

The administration hopes to enact the BBL by yearend and submit it to voters in a plebiscite by early 2015.

Once ratified in a plebiscite, a Bangsamoro Transition Authority will replace the current ARMM.

This will be a holdover until officials of a new Bangsamoro government are elected in the 2016 elections.

The new Bangsamoro government will be led by a chief minister, who is elected from the members of the Bangsamoro assembly.

The assemblymen will be the ones elected by the public during the election.

Aside from prescribing the form of government and powers of the new Bangsamoro entity, the agreement also details the powers of the Bangsamoro government vis-à-vis the national government.

This early, the Aquino administration said the road won't be easy.

For one, politics attendant to the 2016 elections may find its way into the issue.

NOW FOR THE HARD PART

Signing the peace agreement with the MILF on Thursday is neither the end nor the easiest part of the peace process.

Both Presidential Adviser on the Peace Process Teresita Deles and House Majority Leader Neptali Gonzales II said what happens after the peace agreement is the tough part.

Once the peace agreement is signed, the next step is getting Congress to enact a BBL that will reorganize the existing ARMM to reflect the provisions of the peace pact.

Deles has been meeting lawmakers to shepherd the bill, which is still being drafted by the BTC, for submission to Malacanang this month.

"Hindi ito magiging madali, pagpapatupad ng commitments sa agreement," she said.

Deles said in the government's time table, the next milestone is the submission of the draft Bangsamoro law.

She said this early, there are concerns on the ground about the implementation of the peace agreement, particularly how it will be affected by the election of officials to the Bangsamoro that will coincide with the 2016 presidential elections.

"Elections are political alliances," she said.

Gonzales also expressed the same apprehension. "I think politics, being the national past time... although sana huwag mangyari it will influence so many things."

POSSIBLE HURDLES

The concerns don't end there. Gonzales, who is expected to shepherd the bill in Congress, sees some possible hurdles.

They include quorum, for instance, and there may not always be enough warm bodies to attend the sessions.

"Any bill for that matter, quorum. I do believe members of Congress are responsible enough," he said.

Gonzales also expects lengthy debates and questions on the bill, especially from the 50-member Mindanao bloc of lawmakers.

"Kailangan may enough briefing and reaching out sa members ng Mindanao solons," he said.

In the past, Zamboanga Rep. Celso Lobregat expressed concerns on the constitutionality of the peace agreement.

He also doesn't think that the abolition of lawmakers' Priority Development Assistance Fund (PDAF), which in the past was used as carrot and stick to ensure legislative support for administration measures, will be a factor.

Deles also thinks similarly.

"We maintain that the law should be passed on its own merit," she said. "Everyone understands this is important not just for Bangsamoro... but for entire country. "

SHORT CUT

This early, Deles and Gonzales are seeing a solution to expedite things and work around the legislative calendar, which allows many breaks in the congressional sessions.

Gonzales said once the bill is filed, with possibly Speaker Sonny Belmonte as the author, a special ad hoc committee will be formed to tackle it and dispense with the need for other committees to tackle the bill separately.

He also laid out a timetable: if the bill is filed in June when Congress goes on sine die adjournment, Congress can tackle it at the committee level after the President delivers his 5th State of the Nation Address in July.

It can be tackled before the 2015 budget bill hits plenary because under the rules, the budget bill takes precedence over any other measure.

He is also looking at reducing congressional breaks. He expects the budget deliberations to span all of September.

Deles is also optimistic that a similar arrangement may happen at the Senate. "Everyone understands this is very important. We have a narrow window."

Deles also counts on presidential powers of persuasion to get the job done, even without PDAF. "Were also looking at this piece of legislation as being historical. We can count on leadership to want to be part of that."

SENATE PRIORITY

Senate President Franklin Drilon in a statement Monday, said the proposed law will be given utmost priority in the upper Chamber.

"The Senate is more than ready to work on the new Bangsamoro basic law - one that would be universally fair, practical and Constitutionally-consistent. The public can expect our commitment to the Bangsamoro not only for the sake of national progress, but also for the welfare and future of the entire Southeast Asian region," he said.

In the next few days, Malang will return home to Mindanao, armed with cautious optimism that this agreement will not be made of promises that that will be broken.

Framework agreement for PH dismembermentBy Rigoberto TiglaoPhilippine Daily Inquirer9:10 pm | Wednesday, October 17th, 2012

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Read the actual document itself, not just the mawkish “peace-is-at-hand” articles, and you will see that the “Framework Agreement on the Bangsamoro” President Aquino yielded to the Moro Islamic Liberation Front is clearly a roadmap for the republic’s dismemberment.No wonder the Moro insurgents are ecstatic: The pact calls for the creation of an MILF-controlled state within a state—precisely its main aim in the past decades. Bannered by the Islamic invocation “In the Name of God, the Beneficent, the Merciful,” the document even reads not as a pact between a sovereign secular state and a rebel group but as an MILF manifesto.The crucial concept in the pact is “Bangsamoro,” invented by the Moro National Liberation Front when it was organized in the late 1960s. It means “nation-state” (from the Malay bangsa and the Filipino bansa) and is envisioned for Moros, defiantly using the pejorative term Spanish and Christian Filipinos had called Muslims in Mindanao.The pact is the first time ever that the political entity to be set up is called Bangsamoro, period. The landmark Tripoli Agreement with the MNLF in 1976 termed the entity to nurture Muslim self-government as the “autonomous region in Southern Philippines.” That evolved into the present Autonomous Region in Muslim Mindanao. A draft for a pact in the previous regime was even careful to use the term “Bangsamoro Juridical Entity.”The Aquino-MILF pact, however, declares: “The Bangsamoro shall be established to replace the [ARMM].” Just “Bangsamoro,” without the description as an autonomous region within the republic. “Bangsamoro” in fact has all the attributes of a nation-state:• A defined territory. Item I.3 of the agreement: “The provinces, cities, municipalities, barangays and geographic areas within its territory shall be the constituent units of the Bangsamoro.” Paragraph V.1 even declares that these consist not only of the present ARMM but even Cotabato and Isabela cities, which in the 2001 plebiscite chose not to be part of the autonomous region.• A defined people. Item I.5 even expands past definitions of a Bangsamoro person, or one of the Islamic faith living in Mindanao and adjacent islands. The pact includes as Bangsamoros the more than 18 distinct indigenous groups—mostly the lumad—which are not Muslims.• Its own armed force, disguised as a “police force.” Item VIII.6: “In phased and gradual manner, all law enforcement functions shall be transferred from the Armed Forces of the Philippines (AFP) the police force for the Bangsamoro.”• Its own constitution, called “Basic Law.” Item  II.1 to 4: “The Bangsamoro shall be governed by a Basic Law … which shall be formulated by the Bangsamoro People ratified by the qualified voters within its territory.” There isn’t a statement anywhere in the document noting that the “Basic Law” must comply with the Philippine  Constitution.• Its own state institutions. Among others, Item I.2: “The government of the Bangsamoro shall have a ministerial form.” Item I.3: “The authority to regulate on its own responsibility the affairs of the constituent units is guaranteed within the limit of the Bangsamoro Basic Law.” Item III.3: “Expansion of the jurisdiction of

Shari’ah courts.”

And most importantly,  “Bangsamoro” is described not as an entity under the republic. The pact’s item I.4: “The relationship of the Central Government with the Bangsamoro Government shall be asymmetric.”The use of the term “asymmetric” is the Aquino administration’s clumsy attempt to go around the term “associative” used in the draft agreement between the MILF and negotiators of the previous administration to define the relationship between the proposed  “Bangsamoro Juridical Entity” and the central government.The Supreme Court has ruled that kind of relationship unconstitutional, saying “it implies powers that go beyond anything ever granted by the Constitution to any local or regional government” and “the recognition of the associated entity as a state.”The term “asymmetric relations” does not just “imply” states; it assumes the existence of states. The term is the key concept in recent political science theory to describe the relations between states of vastly different characteristics as population size, military strength, or economic power. University of Virginia professor Brantly Womack popularized the “asymmetry theory” in his analysis of the relationship between China and smaller or weaker nations.Thus, Bangsamoro is not under the Philippine government; its relationship with it is just “asymmetric.”Mr. Aquino’s capitulation to the MILF lies in the fact that he got no concessions from the insurgent group in terms of the most important aspect of real peace pacts: disarmament. In all past peace accords in the world, there were categorical provisions for the insurgent group to lay down its arms.For example, El Salvador’s “Chapultepec Peace Agreement” with the Farabundo Marti Liberation Front was signed in January 1992; the pact called for the insurgents’ total disarmament nine months later, which was complied with. The more recent “Helsinki Pact” between the Indonesian government and the Free Aceh Movement signed on Aug. 15, 2005, called for the insurgent group’s total disarmament to start a month later and to be completed—as it was—by yearend.There is no such provision for disarmament in the Aquino-MILF pact, merely a vague statement (Item VIII.5): “The MILF shall undertake a graduated program for decommissioning of its forces so that they are put beyond use.” No timetable, no definition of “putting beyond use.”“Decommissioning? We still have to discuss that,” MILF chief negotiator Mohagher Iqbal said. Next week: A recipe for renewed violence in Mindanao

Read more: http://opinion.inquirer.net/38944/framework-agreement-for-ph-dismemberment#ixzz2xElUrvFu Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook

TIMELINE: The long road to the Bangsamoro regionBY REYNALDO SANTOS JR.POSTED ON 01/25/2014 2:55 PM  | UPDATED 03/27/2014 9:16 AM

MANILA, Philippines (UPDATED) – More than a year after a

framework agreement was signed in October 2012, the Bangsamoro region moves a step closer to reality.

It's been a 16-year journey.

In 1996, the Ramos government held the first exploratory talks with the MILF, culminating in the signing of a "general cessation of hostilities" between the two parties in July 1997.

But the road to peace before 2010, when President Benigno Aquino III assumed power, was marked by deadlocks, conflicts and persistent efforts by other armed groups to derail it.

Former president Joseph Estrada mobilized the entire armed forces to crush the MILF and bring down its seat of power in Camp Abubakar, central Mindanao, in 2000.

His successor, former President Gloria Macapagal-Arroyo resumed negotiations with the group, taking a bold step in crafting a draft agreement that triggered widespread opposition from lawmakers and various sectors and which the Supreme Court later on declared as unconstitutional.

The MILF, too, went through a difficult period with the death of its charismatic leader, Hashim Salamat, in 2003. Replacing him as chairman was the military chief of the rebel organization at the time, Ibrahim Murad.

What happened since the signing of the framework agreement?

2010

JULY

July 15 - Malacañang announces the appointment of then UP

College of Law dean Marvic Leonen as the government's chief negotiator in the peace talks.

SEPTEMBERSeptember 7 - Presidential peace adviser Teresita Deles announces that Aquino has formed an advisory body to assist government negotiators in the peace talks. The body is composed of "members from both Houses of Congress, retired justices of the Supreme Court, members of the 1987 Constitutional Commission, local governments in strife-affected areas, non-government organizations involved in peace efforts, and the former chairmen of previous peace panels."

2011

AUGUST

August 4 - MILF chair Murad "Al Haj" Ebrahim holds an unprecedented meeting with Aquino in Tokyo, Japan. Both agree to expedite the peace process.

2012

OCTOBER

October 7 - The Philippine government and the MILF conclude the 32nd round of exploratory talks with a framework agreement that will create a Bangsamoro region.

(READ: 2012 Framework Agreement on the Bangsamoro political region)

October 15 - The Aquino administration and the MILF sign the peace agreement in Malacañang. It marks the first time the rebel group steps into the country’s seat of power.

NOVEMBER

November 12 - The 33rd round of peace talks opens, with the main agenda focusing on details of the Three Annexes on Power-Sharing, Wealth-Sharing and Normalization of the Framework Agreement on the Bangsamoro.

This round ends without any agreement being signed.

DECEMBER

December 12 - The panels convene for the 34th round of peace talks, marking the first time that professor Miriam Coronel-Ferrer is taking the helm as the government peace panel chair after being appointed to replace now Associate Justice Marvic Leonen.

December 16 - The 34th round of peace talks concludes with a "technical impasse" over the issue on whether the MILF should lead the Bangsamoro Transition Authority.

December 17 - President Benigno Aquino III signs Executive Order 120 creating the 15-member Transition Commission that will craft the Bangsamoro Basic Law.

2013

JANUARY

January 21 - The 35th round of peace talks begins, with both parties expected to settle the "technical impasse" on who will lead the Bangsamoro Transition Authority – the only unresolved issue in the annex on transitional arrangements and modalities.

January 25 - Both panels sign a document outlining the terms of reference for the Third-Party Monitoring Team that will "review, assess, evaluate and monitor" the implementation of the Framework Agreement on the

Bangsamoro.

FEBRUARY

February 14 - Malaysian security forces summon dozens of suspected Abu Sayyaf members in a remote area with a history of incursions by armed Filipino Islamic groups.

February 25 - As the 36th round of peace talks begin, President Benigno Aquino III names the members of the Transition Commission (TransCom) that will draft the basic law that would pave the way for the Bangsamoro political entity.

(READ: Meet the members of the Transition Commission)

February 27 - The Annex on Transitional Arrangements and Modalities is signed before the last session of the 36th round of peace talks ends.

The parties also agree under the Framework Agreement to form an Independent Commission on Policing (ICP), which will submit recommendations on how the relationship between the Philippine National Police and Bangsamoro police should work.

MARCH

March 25 - The government asks the MILF to postpone the 37th round of peace talks to allow it more time to review the annexes.

APRIL

April 3 - The 15-member Transition Commission convenes for the first time.

April 9 - The 37th round of peace talks finally starts, with only discussions on the annex on normalization remaining at the level of the technical working groups.

April 11 - This round ends without any agreement being signed.

April 30 - The Transition Commission agrees on the process to be followed in establishing the inner workings of the commission, including its organizational chart and internal rules and regulations.

JULY

July 6 - The Bangsamoro Islamic Freedom Fighters (BIFF), a splinter guerilla group, ambushes an army truck and attacks an army camp a day before peace talks resume.

July 8 - Panels proceed with the 38th round of peace talks, with the MILF returning to the negotiating table "with guarded optimism."

July 11 - The 38th round of talks ends without any agreement, with the MILF peace panel members leaving the venue in a huff.

Afterwards, they agree to return and extend the talks, in an attempt to seal the deal on wealth-sharing.

July 12 - Parties fail to arrive at any agreement and agree to extend again the talks for one more day.

July 13 - Parties sign the annex on wealth-sharing. Among others, the agreement gives automatic appropriations to the Bangsamoro, as well as a 75% share on taxes and revenues from metallic minerals.

AUGUST

August 22 - The 39th round of talks starts, with the last two annexes topping the agenda.

August 25 - No agreement is signed after this round, but both panels release a joint statement that expresses confidence that the final peace pact will be completed soon.

SEPTEMBER

September 9 - Up to 400 suspected members of the Moro National Liberation Front (MNLF) take over 4 barangays in Zamboanga City.

September 10 - The 40th round of peace talks is opened, with the government peace panel nearly missing their flight to Kuala Lumpur after Aquino called for an emergency meeting following the siege of Zamboanga City.

September 19 - The panels decide to extend the session for one more day, though both parties feel that it is unlikely that a document will be signed and completed this round.

September 20 - The 40th phase of talks end without signing a deal on power-sharing and normalization. Proposed changes to the annex – both from the government and the MILF – extend discussions, described to be "generally constructive" during this round.

OCTOBER

October 8 - Parties hold the 41st round of talks, as Zamboanga City recovers from the bloody siege by rebel forces associated with a faction of the MILF's rival group, the Moro National Liberation Front.

October 11 - Peace panels from both parties extend their talks for another day.

October 13 - The 41st round of peace talks ends. Parties fail to complete the power-sharing annex.

DECEMBER

December 5 - The 42nd round of peace talks opens, with power-sharing being the agenda.

December 8 - The panels sign the annex on power-sharing, but without a deal on the so-called "Bangsamoro waters" – the most contentious issue in the peace talks.

2014

JANUARY

January 22 - Negotiations continue at the 43rd round of peace talks to discuss what to do with firearms and what will happen next to those who will lay down their arms.

January 24 - The panels arrive at a deal on how power will be shared over "Bangsamoro waters."

FEBRUARY

February 6 - Senate President Franklin Drilon and House Speaker Feliciano Belmonte Jr meet with other top congressional leaders and agree to pass the Bangsamoro Basic Law by the end of 2014.

MARCH

March 14 - Deles announces that the final peace pact is set to be signed on March 27.

March 25 - In a Malacañang press briefing, Deles says close to 500 members of the MILF will witness the signing of the Bangsamoro agreement.

March 26 - Malacañang prepares for the signing of the Comprehensive Agreement on the Bangsamoro, described as the "biggest event" organized by the Palace since President Aquino assumed the presidency. – Rappler.com

PEACE IS WITHIN REACH

“This is the sound of peace,” a smiling Murad Ebrahim, chairman of the Moro Islamic Liberation Front (MILF), said as he tapped a miniature model of a Muslim gong that he gave to President Benigno Aquino during their meeting in Malacañang Monday morning.In return, the President gave Murad a miniature bahay kubo (nipa hut), symbolizing the open house welcome that Filipinos extend to homecoming relatives.They shook hands,  ushering in what Malaysian Prime Minister Najib Razak described as “a new beginning for the people of Mindanao.”After four decades of conflict, “peace is within reach,” Najib said.And the government and the Moro rebels, overcoming 40 years of hostilities, took their first step toward ending the insurgency in Mindanao that had cost the lives of more than 150,000 people and reduced the resource-rich island into the poorest region of the Philippines.The government and the  MILF signed a framework agreement to end the war and build a new autonomous region in Mindanao, to be called Bangsamoro, in the Palace yesterday afternoon.President Aquino, Murad and Najib, whose country brokered the peace talks between the Aquino administration and the MILF, looked on as chief government peace negotiator Marvic Leonen and his counterpart from the MILF, Mohagher Iqbal, signed the Framework Agreement on the Bangsamoro.On hand to signify the Islamic world’s acceptance of the agreement was Ekmeleddin Ishanoglu, secretary general of the Organization of Islamic Cooperation (OIC), the world’s second largest intergovernmental organization after the United Nations.The ceremony held at Malacañang’s Rizal Hall was attended by about 200 MILF fighters, government officials, diplomats and representatives of countries that made up the International Contact Group, the International Monitoring Group, and aid organizations that encouraged the peace negotiations between the government and the Muslim rebels.

President Aquino, in his keynote speech, said the agreement sealed “genuine, lasting peace in Mindanao,” which the government hoped to achieve before the end of his term in 2016.“In full view of the Filipino people, and witnessed even by our friends from different parts of the world, we commit to peace—a peace that will be sustained through democratic ideals; a peace that heals and empowers; a peace that recognizes the many narratives of the Filipino people, and weaves them into a single, national aspiration for equitable progress,” Mr. Aquino said.Prime Minister Najib said the agreement would “protect the rights of the Bangsamoro people and preserve the sovereignty and territorial integrity of the Philippines.”“We are men and leaders who want to make a difference and we have decided that the time has come for us to choose the moral high ground,” Najib said.The agreement “does not solve all the problems, rather it sets the parameters in which peace can be found,” he said.‘I come in peace’

Two girls wearing Muslim head dresses flash “peace signs” after the government and Moro rebel leaders announce the signing of a preliminary agreement aimed at ending 40 years of separatist war in Mindanao. JOAN BONDOC

Murad, who spoke ahead of the President, pledged the MILF’s determination to silence the guns to allow peace and development to come to Mindanao after 40 years.“I come in peace,” Murad said, admitting that it was his first time to set foot in Malacañang, the seat of power in the Philippines.“We have inked the most important document in the chapter of our history—a landmark document that restores to our people their Bangsamoro identity and their homeland, their right to govern themselves, and the power to forge their destiny and future with [their own hands],” Murad said.

“Today we are here to celebrate the victory of the Bangsamoro people and the Filipino nation that is shared by the international community and the Muslim world, the victory earned not by war but by a collective desire to restore justice and peace to a troubled land,” he said.Murad then extended “the hand of friendship and partnership to the President and the Filipino people as we join to embark on the historic journey to rebuild our home, institute justice and [end the] reign of violence and restore normalcy to the lives of the masses of our people in Mindanao and Sulu with the Framework Agreement on the Bangsamoro.”The accordThe framework agreement, also called a road map to a final peace settlement that is expected by 2016, grants Muslims in Mindanao broad autonomy in exchange for ending their four-decade insurgency, which would bring peace and stability and eventually development to the region.The 13-page document outlines general agreements on major issues, including the extent of power, revenues and territory granted for Bangsamoro, the new Muslim administrative region.It calls for the establishment of a 15-member Transition Commission to draft a law creating Bangsamoro. The draft law will be submitted to Congress for adoption, then submitted to the people of Mindanao for approval in a plebiscite.The 12,000-strong MILF armed forces will be deactivated gradually “beyond use,” the agreement says, without specifying a timetable. Failed experimentThe agreement says Bangsamoro will replace the Autonomous Region in Muslim Mindanao (ARMM), which President Aquino described  as “failed experiment.”The ARMM was created by a 1996 peace agreement the government signed with the Moro National Liberation Front (MNLF), but Mr. Aquino considered it a failure because it did not end the conflict, the rebels did not disarm and it did not improve the lives of Muslims.Corruption, political violence and crimes such as kidnappings and extortion persisted, and the MILF continued to fight for self-rule.Another preliminary accord was struck down by the Supreme Court in 2008 as unconstitutional because it would create a separate state.Western governments have long worried over the presence of small numbers of al-Qaeda-linked militants from the Middle East and Southeast Asia seeking combat training and collaboration with the Filipino insurgents.One of those extremist groups, the Abu Sayyaf, is not part of any negotiations, but the hope is that the peace agreement will isolate its militants and deny them sanctuary and logistical support they had previously received from rebel commanders.

One of those hardline commanders, Ameril Umra Kato, broke off from the MILF last year. Kato’s forces attacked the Army in August, prompting an offensive that killed more than 50 fighters in the 200-strong rebel faction.Kato rejects accordAbu Misri Mammah, a spokesperson for Kato’s forces, on Sunday said that his group did not recognize the peace accord.“That’s a surrender,” he said. “We won’t waver from our armed struggle and continue to aspire for a separate Muslim homeland that won’t be a creation of politicians.”President Aquino acknowledged that much work remained to be done after the signing of the agreement.“The devil is in the details,” he said, but added that the government is committed to peace and development in Mindanao.Presidential Adviser on the Peace Process Teresita Quintos-Deles said the government and the MILF would encounter challenges as they proceed to implement the framework agreement.“So many challenges await us, but the bridge of trust that spans this room is strong enough to withstand the trials ahead, however difficult they may be,” Deles said.Staying the courseIn his speech, Murad reminded everyone of the roots of the Moro rebellion.“Never in my wildest dream since I was a child, or when I joined the Bangsamoro struggle more than 40 years ago, that one day I will see the interior of this building [Malacañang] that once housed the Spanish and American governors general, and now the Presidents of the Philippines,” Murad said.“Today . . . we have stayed the course. Our perseverance has prevailed over those whose position is to perpetuate war and conflict in Mindanao and Sulu for personal aggrandizement,” he said.Culture of impunityMr. Aquino said that many had resorted to “the path of vengeance and violence,” but he promised to dismantle the culture of impunity in the country.“I myself lost my father to an oppressive system,” he said. “I myself thirsted for justice, and was deprived of it then by the dictatorship. I empathize with our Bangsamoro brothers and sisters, and can only vow to work as hard as I can to see that the culture of impunity is dismantled, and that the foundations of righteousness and cooperation are laid.”And he gave a promise to the Muslims of Mindanao: “We will give our people what is truly due them: A chance to direct their lives toward advancement in a democratic, peaceful and safe society.” With reports from Nikko Dizon, AP and AFP