bbl in senate | hearing on issues of sultanates, ips in the bbl, may 25, 2015

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Republic of the Philippines CONGRESS OF THE PHILIPPINES S E N A T E Pasay City COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES DATE : Monday, May 25, 2015 TIME : 9:30 a.m. VENUE : Sen. Claro M. Recto and Sen. Jose P. Laurel Rooms 2 nd Floor, Senate of the Philippines Financial Center, Roxas Boulevard Pasay City AGENDA : Discussion/Deliberation of Senate Bill No. 2408 – “An Act Providing for the Basic Law for the Bangsamoro and Abolishing the Autonomous Region in Muslim Mindanao, Repealing for the Purpose Republic Act No. 9054, entitled “An Act to Strengthen and Expand the Organic Act for the Autonomous Region in Muslim Mindanao” and Republic Act No. 6734, entitled “An Act Providing for an Organic Act for the Autonomous Region in Muslim Mindanao, and for Other Purposes” (Introduced by Senators Franklin M. Drilon, Vicente C. Sotto III, Loren Legarda, Ralph G. Recto, Maria Lourdes Nancy S. Binay, Francis G. Escudero, Paolo Benigno “Bam” Aquino IV, Sonny Angara, Pia S. Cayetano, Gregorio B. Honasan II and Teofisto Guingona III) A T T E N D A N C E 1

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Transcript of Senate hearing on the BBL, May 25, 2015

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  • Republic of the Phi l ippines CONGRESS OF THE PHILIPPINES

    S E N A T E Pasay City

    COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

    COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;

    AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES

    DATE : Monday, May 25, 2015 TIME : 9:30 a.m. VENUE : Sen. Claro M. Recto and

    Sen. Jose P. Laurel Rooms 2nd Floor, Senate of the Philippines

    Financial Center, Roxas Boulevard Pasay City

    AGENDA : Discussion/Deliberation of Senate Bill No. 2408

    An Act Providing for the Basic Law for the Bangsamoro and Abolishing the Autonomous Region in Muslim Mindanao, Repealing for the Purpose Republic Act No. 9054, entitled An Act to Strengthen and Expand the Organic Act for the Autonomous Region in Muslim Mindanao and Republic Act No. 6734, entitled An Act Providing for an Organic Act for the Autonomous Region in Muslim Mindanao, and for Other Purposes (Introduced by Senators Franklin M. Drilon, Vicente C. Sotto III, Loren Legarda, Ralph G. Recto, Maria Lourdes Nancy S. Binay, Francis G. Escudero, Paolo Benigno Bam Aquino IV, Sonny Angara, Pia S. Cayetano, Gregorio B. Honasan II and Teofisto Guingona III)

    A T T E N D A N C E

    1

  • Committee on Local Government Joint with the Committees on Peace, Unification and Reconciliation; and Constitutional Amendments and Revision of Codes Monday, May 25, 2015 Page 2

    SENATORS PRESENT: HON. FERDINAND R. MARCOS JR. - Chairman, Committee on

    Local Government HON. LOREN B. LEGARDA - Member HON. ALAN PETER S. CAYETANO - Member HON. FRANCIS G. ESCUDERO - Member GUESTS/RESOURCE PERSONS: Hon. Jose Y. Lorena - Undersecretary, Office of the Presidential Adviser on the Peace Process (OPAPP) Atty. Mary Grace Ellen Villanueva- Executive Director, Legal Rights and Natural Resources Center Mr. Alim Bandara - Timuay Justice and Governance (TJG) Mr. Leticio Datuwata - Deputy Supreme Chieftain, TJG Datu Roldan Burunay Babelon- GenSec, IPs Gempa te Kelindaan ne Kamal ne Erumanen ne Menuvu Ms. Beatriz Apotanan Colmo- Alternate Chair, Mindanao Indigenous Peoples Peace Forum Mr. Timuay Gumbalia Gunsi - Vice-President on External Affairs, Organization of Teduray and Lambangian Conference (OTLAC) Mr. Arnel Garcia - Humanitarian Counsel, Sulu Foundation of Nine Ethnic Tribes (SUFONETI) Sultan Esmail Kiram II - Sultanate of Sulu and North Borneo Datu Abraham Idjirani - Secretary General, - do Atty. Meltino Sibulan - Legal Counsel, - do Sultan Venizar Julkarnain - Royal House of Patikul, - do Jainal Abirin Datu Albi Dakula Julkarnain - Chairman, Council of Royal

    2

  • Committee on Local Government Joint with the Committees on Peace, Unification and Reconciliation; and Constitutional Amendments and Revision of Codes Monday, May 25, 2015 Page 3

    Datus, - do Princess Sitti Liddy Taedo - Council of Royal Ladies, - do Sultan Venizar Julkarnain - Royal House of Patikul, - do Jainal Abirin Habib Mudjahab Hashim - Chairman, Council of Royal Sharif, - do Sultan Dr. Ibrahim Bahjin- - Paramount Sultan, - do Shakirullah II Dayang Dayang Derhana - Royal Princess, - do Julkarnain Hashim Sultan Melchor G. Chavez - Spokesperson, Sultanate of Sulu Sultan Atty. Rico S. Pelandoc - Vice-President, Iranun Sultanates League of the Philippines Datu Lihondo Adam - Royal House of Maharadjah Tabunaway II Hadji Datu Moustafa-Tapa - Spokesman and Chief Technical B. Umal Assistant of His Majesty Sultan Abdulazis Salem Mastura V, Sultanate of Maguindanao Putri Bai Marieta Nor-Aisha - President/Chairman/ P. Mindalano-Adam, Al Haj Chief Executive Officer, Royal House of Maharadjah Tabunaway Engr. Datu Noldin Oyod - Datu sa Taviran of Maguindanao Sultanate Fintailan Jocelyn S. Palao - Chairwoman, Womens Organization of Rajah Mamalu Descendants Prof. Engeong Bulang - Mandanaue Darussalam, Sultanate of Maguindanao Mr. Archie U. Buaya - Confederated Descendants of Rajah Mamalu Datu Yldon Kiram - Sultanate of Sulu Archipelago Sultan Muedzul-Lail Kiram - - do Mr. Mohamad Linas - Royal House of Maharadjah Mamalu Sultan Muijaddin Jainal Abirin - Royal House of Patikul, Sulu

    3

  • Committee on Local Government Joint with the Committees on Peace, Unification and Reconciliation; and Constitutional Amendments and Revision of Codes Monday, May 25, 2015 Page 4

    Bahjin Datu Alihanapia Jainal Abirin - - do Datu Hadji Shakiruddin - Crown Prince, - do Ulom Bahjin Mr. Edtami P. Mansayagan - Member, Executive Committee, Lumad Mindanao Peoples Federation Datu Alexander Mama-o - Sultanate of Bayang, Lanao del Sur Atty. Meltino Sibulan - United Tausug People of the Sultanate of Sulu Atty. Michael Mastura - Former Congressman, 1st District of Maguindanao SENATORS STAFF: Atty. Minda D. Lavarias - O/S Marcos Ms. Shiela Mae P. Enriquez - - do Ms. Honey Rose Mercado - - do Ms. Arifah M. Jamil - - do Ms. Candice Y. Cerezo - O/S Escudero Mr. Ronnie Calumpita - - do Mr. Mark Robert Dy - O/S Guingona Mr. Johd Carlos - O/S A. Cayetano Atty. Marge Alias - - do Mr. Calil Dimangadap - - do Atty. Rachel Herrera - O/S Legarda Mr. Dominil Lacbayo - - do Ms. Sally Perez - - do Ms. Zheanne Aeson M. Danns- O/S P. Cayetano Ms. Margie Manlunas - O/S Angara Ms. Kristela Castronuevo - O/S Recto

    Mr. Alemar Mosquito - - do Ms. Marla Katrina Carandang - O/S Trillanes Mr. Claro Sampaga - O/S Osmea Ms. Ma. Clarissa Lopez - O/S Binay

    4

  • Committee on Local Government Joint with the Committees on Peace, Unification and Reconciliation; and Constitutional Amendments and Revision of Codes Monday, May 25, 2015 Page 5

    Mr. Ricardo Calimag - - do Ms. Julie Tuazon - O/S Honasan Ms. Jinnelle Iluzada - - do SENATE SECRETARIAT:

    Ms. Assumption Ingrid B. Reyes - Committee Secretary, Committee on Local Government

    Mr. Elpidio H. Calica, MNSA - Committee Secretary, Committee on Peace, Unification and

    Reconciliation Ms. Cristina D.C. Astrero - Committee Stenographer

    Ms. Helen S. Gayapa - - do Ms. Christine M. Nery - - do Ms. Carolina F. Driz - - do Ms. Cleofe P. Caturla - - do Ms. Ma. Rosalinda J. Catadman- - do Ms. Avigail G. Andaya - Legislative Staff Ms. Ana Marie F. Deplomo - - do Mr. Daniel D. Diamzon - - do Ms. Mylene R. Palino - - do Ms. Laarni C. Vidal - Legislative Page Mr. Mary Jeanette L. Padilla - - do Mr. Eric Jalandoon - - do

    Mr. Ronnie Cabaero - Supervising Legislative Page Mr. Benjamin Oria - OSAA Mr. Lito Bancifra - - do Mr. Jose G. Busalpa Jr. - Audio Operator Mr. Roland D. Laureano - - do

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

    5

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CDAstrero I-1 May 25, 2015 10:26 a.m. 1

    AT 10:26 A.M., HON. FERDINAND R. MARCOS JR., CHAIRMAN OF THE COMMITTEE ON LOCAL GOVERNMENT, CALLED THE HEARING TO ORDER.

    THE CHAIRMAN (SEN. MARCOS). Good morning, ladies and

    gentlemen.

    The hearing of the Committee on Local Government joint with

    the Committee on Peace, Unification and Reconciliation and the

    Committee on Constitutional Amendments and Revision of Codes of 25

    May 2015 is hereby called to order.

    Our agenda for today isI will not read the lengthy title. I will

    just say that this is about the draft Bangsamoro Basic Law in its

    version as it has been transmitted to the Houses of Congress by the

    Executive.

    For the record, I would like to acknowledge the presence of our

    resource persons who are here today: representing OPAPP is Usec

    Jose Lorena; the Executive Director of the Legal Rights and Natural

    Resources Center, Atty. Mary Grace Ellen Villanueva, good morning;

    from the Timuay Justice and Governance, Mr. Alim Bandara, good

    morning; also from Timuay Justice and Governance, Mr. Leticio

    Datuwata; from the Gempa te Kelindaan ne Kamal ne Erumanen ne

    MenuvuI hope I pronounced that properlyDatu Roldan Burunay

    6

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CDAstrero I-1 May 25, 2015 10:26 a.m. 2 Babelon, good morning; from the Mindanao Indigenous Peoples Peace

    Forum, Ms. Beatriz Apotanan Colmo; the Vice Chairman of the

    External Affairs of the Organization of Teduray and Lambangian

    Conference, Mr. Timuay Gumballa Gunsi, good morning; from the Sulu

    Foundation of Nine Ethnic Tribes or SUFONETI, Mr. Arnel Garcia; the

    Sultan of Sulu and North Borneo, Sultan Esmail Kiram II; the Secretary

    General Abraham Idjirani; Council of Royal Datus Datu Albi Julkarnain;

    from the Council of Royal Ladies, Princess Sitti Liddy Taedo; Legal

    Counsel, Atty. Meltino Sibulan; Chairman of Council of Royal Sharif,

    Habib Mudjahab Hashim, good morning; Royal House of Patikul,

    Sultanate of Sulu, Sultan Venizar Julkarnain Jainal Abirin; Princess

    Jacel Kiram-Hasan; Atty. Michael Mastura of the Sultanate of

    Maguindanao who is here to assist us; Sultan Ibrahim BadjinSultan,

    good morning; Sultan Muedzul-Lail Kiram; the Royal Spokesperson,

    His Royal Highness Sultan of the Sultanate of Sulu, North Borneo and

    Sabah, Melchor G. Chavez; the Vice-President of the Iranun Sultanates

    League of the Philippines, Atty. Rico Pelandoc; Royal House of

    Maharadjah Tabunaway, Datu Lihondo Adam, good morning; the

    Spokesman and Chief Technical Assistant who represents His Majesty,

    Sultan Abudalazis Salem Mastura V, Hadji Datu Moustafa-Tapa B.

    Umal, good morning; the President/Chairman/CEO of the Royal House

    7

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CDAstrero I-1 May 25, 2015 10:26 a.m. 3 of Maharadjah Tabunaway, His Royal Highness Putri Bai Marieta

    Nor-Aisha P. Mindalano-Adam, Al Haj; Datu sa Taviran of Maguindanao

    Sultanate, Engr. Datu Noldin Oyod; Chairwoman, Womens

    Organization of Rajah Mamalu Descendants, Fintailan Jocelyn Palao;

    the Sultanate of Maguindanao, Mandanaue Darussalam, Professor

    Engeong Bulang; Representative of Consortium of Youth Bangsamoro

    Organization, Archie Buaya, good morning; from the Sultanate of the

    Sulu Archipelago, Datu Yldon Kiram; Putri Bai of Maharadjah

    Tabunaway of Mindanao Darussalam President/CEO of MTDCPI, Royal

    Highness Putri Bai Marieta Nor-Aisha Mindalano; and from the Royal

    House of Maharadjah Mamalu, Mohamad Linas; the Council of Royal

    Sharif Dayang Dayang Derhana Hashim.

    Is there anyone else that is

    VOICE. I would like to acknowledge the presence of Sultan

    Muijaddin Bahjin of Patikul, Sulu; the Crown Prince, Datu Hadji

    Shakiruddin Ulom Bahjin which you gave the invitation; and also the

    Wazir of the Patikul Sultanate, Datu Alihanapia Jainal Abirin. These are

    from the Royal House of Patikul Sulu, the real Royal House of Patikul,

    Sulu.

    THE CHAIRMAN (SEN. MARCOS). So, Sultan Jainal Abirin and

    Sultan Muijaddin Bahjin and Datu Ulom Bahjin, Sultanate of Sulu.

    8

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CDAstrero I-1 May 25, 2015 10:26 a.m. 4

    I think that makes complete the acknowledgement of all of those

    that have been invited as resource persons today.

    I would just like to open by making a few comments. The

    reason that we have undertaken this hearing today is as a result of the

    shocking revelation that the sultanates of Mindanao had not been

    consulted during any of the negotiations between OPAPP and MILF.

    And that is why it would seem that if the BBL or the Bangsamoro

    government will be successful, it would need the support of all of the

    sultanates. And it is, I think, a glaring omission that the sultanates

    had not been consulted and we are trying to rectify that situation by

    asking the sultans themselves and the representatives of the different

    sultanates to come to the Senate today to give us their views, their

    comments, their opinions on the proposed Bangsamoro Basic Law.

    This is part of a series of hearings that this Committee is undertaking

    for the specific purpose of giving voice to those stakeholders on the

    Bangsamoro issue specifically the Bangsamoro Basic Lawgive voice

    to their opinions so that we, in the Committee and in the Senate, will

    be allowed a complete view of the issues that are impacting upon what

    we are trying to do, the peace process and BBL. So, very well.

    I beg your pardon. I have not acknowledged the arrival of

    Senator Chiz Escudero.

    9

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CDAstrero I-1 May 25, 2015 10:26 a.m. 5

    Just to explain, generally, the conduct of these hearings are

    quite simple. It is important for the Committee/cda

    10

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES HSGayapa II-1 May 25, 2015 10:36 a.m. 1

    THE CHAIRMAN (SEN. MARCOS). It is important for the

    Committee to be able to hear the opinions rather than to debate with

    our resource persons on the different issues. So, what we shall do?

    There are many of you who have sent us a position paper and I would

    like to allow all of the different sultanates and groups and eventually

    after a while we will also talk to the indigenous peoples because,

    again, they have been left out of the process and after all the

    indigenous peoples are the original inhabitants of the Bangsamoro

    areas before any of us here had arrived in that place.

    So, I would like now to, as I said, go through the position

    papers. It is more important, I think, that the Committee is able to

    hear from all of those who have an opinion, who have some insights

    into this question be given a chance.

    So, with that, we will try to hold off, we will try to keep our

    questions to a minimum after your presentation so that we do not

    delay those who come afterwards. But inevitably, you can expect that

    we will have many things to ask. But, again, we will try to be brief so

    that we can get through all of the position papers.

    Okay. The first position paper that we are in receipt of is from

    the Sultanate of Sulu and North Borneo, the Office of the Secretary

    General, and the secretary general is Abraham Idjirani who we

    11

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES HSGayapa II-1 May 25, 2015 10:36 a.m. 2 acknowledged earlier. I would just like to ask, would the secretary

    general want to be the one to make the presentation for the Sultanate

    of Sulu and North Borneo?

    MR. IDJIRANI. Good morning, Your Honors.

    THE CHAIRMAN (SEN. MARCOS). Good morning.

    MR. IDJIRANI. For the record, I would request Princess Jacel

    Kiram to present the position paper of the Sultanate of Sulu in view of

    the fact that my voice is somewhat affected since you conduct hearing

    in Jolo, Sulu on May 13.

    Your Honors, it is my privilege to present to this Honorable

    Committee, Princess Jacel Kiram.

    THE CHAIRMAN (SEN. MARCOS). Thank you very much,

    Princess.

    If you would like to proceed, you have been designated at least

    for the purposes of this hearing as the spokesperson. Perhaps you

    could take us through the position paper that you had given to the

    Committee.

    I would just like to remind you that we have been through the

    position paper you have given us but we still need to hear from you

    and the different issues that you feel need to be ventilated about the

    draft BBL.

    12

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES HSGayapa II-1 May 25, 2015 10:36 a.m. 3

    So, Princess Kiram, if you would like to--

    MR. IDJIRANI. Your Honor, if I may.

    THE CHAIRMAN (SEN. MARCOS). Yes, sir.

    MR. IDJIRANI. The original position paper that we submitted

    about three days ago is now being shortened in view of the fact that

    there are also many speakers to air their positions regarding the

    matter.

    Thank you very much, Your Honor.

    THE CHAIRMAN (SEN. MARCOS). Thank you, Secretary

    General, for that.

    And with that, I think we will allow the princess to give her

    presentation.

    Please proceed.

    MS. KIRAM-HASAN. Yes, good morning, Your Honor.

    Bismillah ar-rahman ar-rahim.

    Established on the Sultanate of Sulus historical background--

    since its establishment in 1450 until the emasculation of its sovereign

    powers and authority over the Sulu Archipelago, Zamboanga Peninsula

    and Palawan in 1953 as its basis for appealing to the House of the

    Senate to conduct massive consultations to the different stakeholders

    regarding the ambiguity of the MILF-led Bangsamoro Basic Law.

    13

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES HSGayapa II-1 May 25, 2015 10:36 a.m. 4

    The MILF claims on areas or territories now under the

    Bangsamoro autonomy are anchored on ancient title of sovereignty of

    the Sultanates of Sulu and Maguindanao. The title of sovereignty, in

    particular, of the Sultanate of Sulu over the archipelago of Sulu,

    Zamboanga Peninsula, Palawan, and North Borneo was recognized in

    the 15th to 19th century treaties of commerce, friendship and

    protectorate entered and signed with Spain, Great Britain, Holland,

    Netherlands, Germany, France, and even the United States.

    Territorial jurisdiction of the Sultanate of Sulu and North Borneo

    from 1450 until 1935, Sulu and Tawi-Tawi divided into two provinces in

    1974, Basilan, Zamboanga Peninsula comprising the provinces of

    Sibugay Zamboanga del Sur, Zamboanga del Norte and cities of

    Zamboanga, Pagadian, Dipolog and Dapitan, Palawan, North Borneo in

    1704.

    Upon the establishment of the Philippine Commonwealth in 1935,

    the status of the Sultan of Sulu became--the Sultan of Sulu and people

    of Sulu Archipelago became ordinary citizens of the Philippines.

    Despite the above-mentioned fate, compounded by the non-

    recognition policy of the royalty and nobility and the inherent rights of

    the Sultanate of Sulu guaranteed by the 1947 UN charter resolution

    and the 1950 UN resolution, the Sultan of Sulu and his Tausug

    14

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES HSGayapa II-1 May 25, 2015 10:36 a.m. 5 constituents comprising the Yakan, Sama Bangingi, Sama Tawi-Tawi,

    the Samal Laut, the Jama Mapun, the Tausug, the Christians and other

    indigenous people continue to maintain his trust to GPH or the

    Philippine government, loyalty to the Philippine Constitution since the

    Commonwealth era and the post-Third Philippine Republic and until

    today remains peaceful and law-abiding.

    As an ancient sovereign nation, the Sultanate of Sulu entered

    and signed the following: A treaty on the status of an independent

    tributary states in 1405. The Sultanate of Sulu as then East King of

    Sulu headed by Paduka Mahasari who died in Beijing Canal and buried

    in Dezhou City, Shandong Province in China and the Emperor Yongle

    of the Ming Dynasty of China entered and signed the aforesaid treaty

    which embodied the mutual agreements of the two heads of two

    ancient sovereign nations of the policy of non-interference on each

    others internal sovereignty and affairs.

    The 1405 treaty led to the visits of the three east kings of Sulu

    to China in 1417 entered and signed the treaties of friendship,

    commerce and protectorate with the following nations: with Spain,

    with Great Britain, with Holland and Netherlands, Germany, France,

    and the United States.

    15

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES HSGayapa II-1 May 25, 2015 10:36 a.m. 6

    The prelude to the Mindanao conflict and the Moro secessionist

    movements declaration, the 1968 Jabidah Massacre, the 1968 fiasco

    founded the following declarations of the Moro secessionist movement

    to emancipate the Muslims called Bangsamoro in 1968 for more than

    300 years and to secede Mindanao, Sulu and Palawan from the

    Republic of the Philippines, facts that the MILF utilized the ancient title

    of sovereignty of the Sultanate of Sulu, the intent and spirit of Kiram-

    Bates Peace Agreement or treaty was invoked in the letter dated

    January 20 of 2003 of MILF late chairman Hashim Salamat addressed

    to US President George W. Bush Jr. in remembering the US

    government of its moral obligation to the Moro people herewith is

    provided for in paragraph 4, part of the MILF letter that reads--let me

    read to you.

    Your desire to be informed by the MILF goals reminds us of the

    historic, legal and political relationship between the Moro nation and

    the US federal official policy under President William McKinleys

    instruction to the 1st Philippine Commission of 1900 treated the Moro

    nation initially as a dependent nation similar to the North American

    Indian nations under treaty relations with the US federal government.

    Subsequently, the Moro nation was anchored on the Kiram-Bates

    Treaty of 1899.

    16

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES HSGayapa II-1 May 25, 2015 10:36 a.m. 7

    Comparative analysis between December 10, 1898 Treaty of

    Paris/hsg

    17

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CMNERY III-1 May 25, 2015 10:46 a.m. 1

    MS. KIRAM-HASAN. Treaty of Paris and the MILF-led CAB

    and BBL. Spain ceded Mindanao, Sulu and Palawan to the United

    States through the December 10, 1898 Treaty of Paris without the

    process of consultation and implied consent of the Sultanates of

    Maguindanao and Sulu.

    In this year 2015, the inhabitants of Basilan, Sulu and Tawi-Tawi

    and some areas in Zamboanga City are faced with similar situation of

    1898 as the BBL are pushed through despite its borne out in the

    absence of massive consultation, sense of political justice,

    transparency, sense of inclusive and without due regard to the historic

    sovereignty of the two sultanates. The MILF-led BBL reminds also the

    Tausug people in Basilan, Sulu and Tawi-Tawi of the creation of the

    Bureau of Non-Christian Tribes by the US government in 1920 which

    urged the US government to grand it the control of affairs of the

    Sultanate of Sulu in the three provinces including Zamboanga

    Peninsula and Palawan.

    Nearly 95 years after the MILF demanded the same political

    situation to govern Basilan, Sulu and Tawi-Tawi, political attitudes of

    the Sultanate of Sulu despite how his ancient territories were

    dismantled since the 1935 to present. The Sultan of Sulu and the

    Bangsa-Suluk or the Tausug people who felt being treated second class

    18

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CMNERY III-1 May 25, 2015 10:46 a.m. 2 citizen of the Philippines never lodged a complaint since the inclusion

    of her kingdom to the Philippines against its will. Despite within the

    period of 90 years from 1935 to 2015, the ancient territories of the

    Sultanate of Sulu underwent three periods of continuous

    neocolonialism: first, when its territories were made autonomous

    region of Region IX; second, when in 1987 its territories were divided

    into two regions whereby Basilan, Sulu and Tawi-Tawi formed part of

    ARMM; and third, today, threatens the period of Basilan, Sulu and

    Tawi-Tawi becoming under the coverage of the BBL. It did not

    demand for its decolonization from the Republic of the Philippines.

    Other situations that dismantled the traditional governance and

    the more than 600-year-old royal lineage of the Sultanate of Sulu,

    upon the outbreak of the Mindanao conflict in 1972, a conflict of the

    Philippine and Moro secessionist movement became a borne out after

    the eruption of the 1968 Jabidah Massacre turned out also to be

    generational cultural conflict adhering to the traditions of the

    Sultanates and the pro-secessionist movement. Identity changed from

    the historic Tausug identity to Bangsamoro identity, a mechanism

    designed by the internal and external forces behind the Mindanao war

    as means to unite the socially and tribally divided Muslims to struggle

    for a separate independence from the Philippines. The identity

    19

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CMNERY III-1 May 25, 2015 10:46 a.m. 3 changed in the views of the Sultanate of Sulu wantonly violated its

    historic sovereignty with the MILF is using now the Bangsamoro

    identity to invoke historic and legal basis to claim territorial rights over

    the Sulu archipelago and the Zamboanga Peninsula and Palawan

    anchored on the Bangsamoro of vassalage theory.

    As the process of drafting the BBL was done in haste, the

    Sultanate of Sulu appeal to the Senate to evaluate, how the cultural

    rights of the Sultanate of Sulu and all historical stakeholders including

    the Christians and indigenous people in Zamboanga Peninsula, Basilan,

    Sulu and Tawi-Tawi are being addressed. The basic reasons are: That

    the Tausug people in the Sulu archipelago and the Bangsamoro in

    mainland Mindanao have distinct differences in customs and traditions

    particularly with reference to the definition of the ambiguous Bahasa

    language, Wali. Another is to correct the historical injustice to be

    committed by the MILF-led BBL in changing the name of Sulu Sea to

    Bangsamoro Water. In relation to mutual respect, meaning of the

    Tausug existence and the right of Sulu Sea to exist as is which even

    the Chinese chronicle recognized, the Sulu Sea as Laut or sea that

    protected the kingdom of the Sultanate of Sulu.

    Six vital concerns of the Sultanate of Sulu needing massive

    consultations: First, the change of the historic name of Sulu Sea to

    20

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CMNERY III-1 May 25, 2015 10:46 a.m. 4 Bangsamoro Water. The Sultanate historic constituents, the historians,

    the academe and other stakeholders in the provinces of Sulu

    archipelago were not consulted in order to achieve common interests,

    mutual agreement and transparency of the MILF intention in relation to

    wealth sharing and power control. The changing of historic name of

    Sulu Sea to Bangsamoro Water is viewed by the Sultanate of Sulu as

    alarming provision in relation to the North Borneo or the Sabah claim.

    Second vital concern, Article VI, Section 5 of the BBL draft on the

    council of leaders, the precise objective creating the council of leaders

    failed to satisfy the leaders of the Sultanate institutions, the Sultanates

    of Sulu and Maguindanao cognizant with the MILF aspiration to adopt

    or establish a parliamentary system. Had it passed through the

    process of ascertaining the views of the two sultanates, it could be a

    significant mechanism as may be sanctioned by the BBL that the said

    sultanates become partners of the Bangsamoro governance even in

    private capacities for the promotion of peace and unity.

    Third vital concern is Article VII, Section 5 of the BBL on

    classification and allocation of seats. This does not contain clarity and

    lasting regional goals as it would seem to undermine the weak, the

    poor and the less affluent candidates seeking seats in public office

    especially during the transitory period. This failed to emphasize and

    21

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CMNERY III-1 May 25, 2015 10:46 a.m. 5 respond to the historical background of the areas and the diversities of

    customs and traditions of the Muslims different tribes, the Christians

    and indigenous people that need to be calibrated with those members

    being elected in the Bangsamoro assembly in order to prevent the

    political patronage.

    Fourth vital concern is Article VIII also, Section 2 of the BBL

    which emphasizes the appointment of Wali. In Malaysia, an incoming

    new chief minister cannot assume and exercise officially the mandate

    of his office not unless after the conferment of a pronouncement by the

    Negara or governor general in the absence of the sultan declaring him

    as the officially mandated chief minister. The Philippine government

    may not have the legal personality to intervene as the MILF kept

    declaring that the Bangsamoro juridical, political entity is asymmetrical

    to the national government of the Philippines. And as the Philippine

    Constitution, since 1935, no longer recognized royalty and nobility who

    is referred to by the BTC now as the Wali.

    Who would be the Wali? Shall the MILF appoint external forces

    or a non-Filipino sultan or king to satisfy the provision of Article VIII,

    Section 2 of the BBL?

    The fifth vital concern is that why the MILF-led BBL did not tackle

    the socioeconomic conditions, political status and present predicament

    22

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CMNERY III-1 May 25, 2015 10:46 a.m. 6 of Filipino refugees in Sabah or North Borneo? The sultanate viewed

    the abandonment of the present predicament/cmn

    23

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION, AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CFDriz IV-1 May 25, 2015 10:56 a.m. 1

    MS. KIRAM-HASAN. of the present predicament of refugees

    in North Borneo as acts of betrayal by those who created responsibly

    the war in Mindanao and in Sulu archipelago. The failure or refusal to

    discuss the socio-economic welfare and political status and conditions

    of Philippine refugees in North Borneo became the root cause of the

    summary deportation of the Filipinos in North Borneo. Due to this, in

    2007, the World Refugee Organization accused Malaysia as one of the

    top 10 countries in the world that violated the rights of the refugees.

    And sixth vital concern is that in view of the continued trust of

    the Sultan of Sulu to this government, the Philippine government, and

    loyalty to the Philippine Constitution, the Sultanate of Sulu remained

    peaceful and law-abiding to transfer of Sultanate of Sulus ancient

    territories over Basilan, Sulu and Tawi-Tawi to the governments of

    MILF is an unacceptable reality.

    Is the BBL the prize to the trust of the Sultanate of Sulu since

    1935 by the Philippine government?

    Thank you.

    So that ends the position of the Sultanate of Sulu.

    THE CHAIRMAN (SEN. MARCOS). Thank you very much for

    the presentation that you have made, Princess.

    24

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION, AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CFDriz IV-1 May 25, 2015 10:56 a.m. 2 As you were speaking, theres just a general inquiry. During the

    negotiations within the MILF and OPAPP, was the Sultanate of Sulu

    included in any of these consultations, discussions that were done in

    the formation of--which ended in the signing of the Comprehensive

    Agreement, the Framework Agreement and finally the drafting of the

    Bangsamoro Basic Law?

    MR. IDJIRANI. If I may, Your Honors. The symbolic gesture of

    the Sultanate of Sulu to respond to the call of peace in Mindanao, Sulu

    and Palawan was even manifested in the 2004 submission by the MILF

    of the MOA-AD. And in 2010, also the Sultanate of Sulu submitted an

    official letter to OPAPP which unfortunately, in 2013 at the height of

    the Lahad Datu standoff, it was declared that it was lost through

    bureaucratic means. Likewise, together with this official letter also of

    late Royal Highness Sultan Jamalul Kiram III, again, reiterating the

    letter sent to former President Macapagal about the request for a

    mandatory participation of the Sultanate of Sulu in the ongoing peace

    talks in Kuala Lumpur at that time.

    So the response, Your Honors, to the query by this Honorable

    Committee is that, yes, the Sultanate of Sulu submitted all pertinent

    requests and desire to participate in achieving peace and unity among

    25

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION, AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CFDriz IV-1 May 25, 2015 10:56 a.m. 3 the Filipino people not only in Mindanao, Sulu and Palawan but by and

    large, throughout the Republic of the Philippines.

    Thank you, Your Honors.

    THE CHAIRMAN (SEN. MARCOS). But it sounds to me like it

    was a unilateral action on the Sultanates part and that this

    participation and consultation were not actually implemented during

    the negotiations. Am I correct, sir?

    MR. IDJIRANI. Yes, Your Honor.

    THE CHAIRMAN (SEN. MARCOS). Which I think leads us to

    the question, Usec Lorena, why did OPAPP not consult with any of the

    sultanates? How is it that you imagine that something as wide-

    ranging, as important, as profound as a creation of a Bangsamoro

    territory in Muslim Mindanao could possibly have succeeded without

    the support and the participation of the sultanates?

    MR. LORENA. Thank you, Mr. Chairman.

    First, Id like to express our thanks to the Chair for inviting us,

    to Senator Francis Escudero and to members of the Committee.

    At the outset, Id like to express the regret of my good secretary

    for his failure to come because of another appointment. And, of

    course, I was tasked by the chair, Chairman Ferrer, to represent the

    panel likewise.

    26

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION, AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CFDriz IV-1 May 25, 2015 10:56 a.m. 4 Let me just capture the context of the negotiation with the MILF.

    First, the journey to autonomy was crafted not by the government or

    the Moro fronts. It was upon the initiative of the Organization of

    Islamic Conference during the 5th ICF or Islamic Conference of Foreign

    Minister in Benghazi which leads to the recognition that the need to

    find a just, comprehensive and lasting political solution to the problem

    in Mindanao should be through negotiation within the context of

    Philippine sovereignty and territorial integrity.

    Now, the way towards the coming out of an autonomous region

    have two contexts. First, the negotiation context which was premised

    on the Benghazi resolution and captured by Resolution 18 of the ICF in

    1974; and two legislation.

    The direction of the President through the panel house has been

    to negotiate with bothbranch within the context of the Constitution

    and, of course, recognizing historical significance or the experience of

    the past. Necessarily, in the course of the negotiation with the MILF,

    the negotiation was not just for the MILF or for the MNLF. It is a

    negotiation for the Bangsamoro. That is why in the role to the

    negotiation--

    CHAIRMAN (SEN. MARCOS). Were there members of the

    MNLF included in the panel sitting across from the OPAPP? Were there

    27

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION, AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CFDriz IV-1 May 25, 2015 10:56 a.m. 5 any representatives from the sultanates included in the negotiations

    that OPAPP had with what you referred to as Bangsamoro?

    MR. LORENA. Mr. Chairman--

    THE CHAIRMAN (SEN. MARCOS). Im sorry, Usec, you have

    to answer my question.

    MR. LORENA. Yeah. I will answer that, Mr. Chairman. In fact,

    when the--

    THE CHAIRMAN (SEN. MARCOS). I think theyre answerable

    by yes or no.

    MR. LORENA. Yeah.

    THE CHAIRMAN (SEN. MARCOS). While the sultanates

    represented during your negotiations with MILF which resulted in the

    signing of the Framework Agreement, the Comprehensive Agreement

    and finally, the drafting of the draft BBL, were there representatives

    from any of the sultanates in those discussions?

    MR. LORENA. First, in the role to the negotiation, Mr.

    Chairman--

    THE CHAIRMAN (SEN. MARCOS). Im sorry, Usec, yes or no.

    Its very easy.

    MR. LORENA. There were Bangsamoro congresses conducted,

    Your Honor, which reflects--that the Bangsamoro congresses does not

    28

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION, AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CFDriz IV-1 May 25, 2015 10:56 a.m. 6 only pertain to MILF but to all the people in the Bangsamoro area

    which necessarily include the Sultanates and the MNLF.

    THE CHAIRMAN (SEN. MARCOS). The representatives of the

    Sultanates of Sulu simply--Datu Kiram is sitting next to you. Hes

    shaking his head. Sultan Kiram is also shaking his head. They were

    not included. That is why we are having this hearing. How did you

    imagine that something as important as far reaching, as profound, as

    the creation of a Bangsamoro government in Muslim Mindanao could

    possibly have been successful without including inputs, participation,

    consultation from all of the sultanates. For that matter, from the IP.

    MR. LORENA. Mr. Chairman, they should like to put it into

    context. This is a negotiation but--

    THE CHAIRMAN (SEN. MARCOS). No, no, no. There is no

    context that explains the idea or the policy that you have undertaken

    that does not include the sultanates in any--All of the other peace

    agreements have included the sultanates because that is a recognition

    that the sultanates are necessary to the peace process. That we have

    to have them together with us as partners in peace. We cannot, by

    any stretch of the imagination, possibly have a successful peace

    process that will be, what we have referred to now as all inclusive,

    when you have not included the most ancient of the royal houses, the

    29

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION, AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CFDriz IV-1 May 25, 2015 10:56 a.m. 7 sultanates and who are still extremely important in any kind of political

    change that we are trying to institute in the region.

    MR. LORENA. Thats correct, Mr. Chairman. But we should

    first note that when there was this negotiation with the MILF, the MILF

    was representing the Bangsamoro and after the negotiation, the idea

    was to submit this to craft to a legislation for purposes of crafting an

    inclusive Bangsamoro Law. In the whole process, we understand that

    the participation of the royalty, the MNLF and the others will be

    brought together because the Constitution, in fact, provides in the

    crafting--

    THE CHAIRMAN (SEN. MARCOS). No, no, no, Usec. In the

    negotiations that you undertook, there were two panels. Am I

    correct?

    MR. LORENA. Yes.

    THE CHAIRMAN (SEN. MARCOS). What was that government

    panel? What was it called?

    MR. LORENA. This is the government panel negotiating with

    the MILF.

    THE CHAIRMAN (SEN. MARCOS). That is right. /cfd

    30

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES Caturla V-1 May 25, 2015 11:06 a.m. 1 THE CHAIRMAN (SEN. MARCOS). That is right. And what

    was the other panel that you were negotiating?

    MR. LORENA. The MILF representing the Bangsamoro people.

    THE CHAIRMAN (SEN. MARCOS). No. The MILF themselves

    MR. LORENA. Yes.

    THE CHAIRMAN (SEN. MARCOS). representing themselves.

    The sultanates were not included. Were they included? Did the

    sultanates have representatives during your negotiations?

    MR. LORENA. Well, I think during the negotiation

    THE CHAIRMAN (SEN. MARCOS). I am sorry, Usec.

    MR. LORENA. From the MILF, we have a representative. I

    think the sultanate has representative. We have a sultanate

    representative there, the MILF. But in the government panel definitely

    there was no representative in the panel.

    THE CHAIRMAN (SEN. MARCOS). There was no

    representative from any of the sultanates.

    MR. LORENA. In the panel, yes.

    THE CHAIRMAN (SEN. MARCOS). So, you were negotiating

    about the land, the culture, the history of the sultanates and they were

    not included in the negotiation.

    31

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES Caturla V-1 May 25, 2015 11:06 a.m. 2 MR. LORENA. But they were included in the representation of

    the MILF as the Bangsamoro.

    THE CHAIRMAN (SEN. MARCOS). That is not what we are

    hearing from the position paper that has just been given to us this

    morning. In any case by Princess GacalI am sorry, I misnamed you.

    Princess KiramJacel, sorry. Princess Jacel Kiram was the one who

    made the presentation for the Sultan of Sulu. And I am afraid that she

    contradicts what you are saying, Usec Lorena.

    Anyway, with that, I would acknowledge Senator Escudero.

    SEN. ESCUDERO. Maraming salamat po. Maikli lamang po ito,

    Mr. Chairman.

    Usec, tanong ko lang po. Sino po ba ang nagsabi na MILF ang

    tatayong kinatawan ng Bangsamoro? In other words, sino po ang

    nagsabi at humirang sa MILF na sila ang magsasalita para sa lahat ho

    na nanditong kaharap namin ngayon? Who made that decision, sir?

    MR. LORENA. First, in July of 1974, there was a declaration by

    the Organization of Islamic Conference that the MNLF then, one was

    the sole and legitimate representative of the Bangsamoro. But after

    the negotiation with the MNLF in 1996, definitely on the ground there

    was already the MNLF and the MILF, so, the representation of the MILF

    was really for the Bangsamoro. That is why the government was

    32

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    of the Bangsamoro.

    SEN. ESCUDERO. Sir, ang tanong ko po, Sino? So, ang sagot

    po ba OIC ang nagsabing MNLF ang kausapin niyo. Tapos noong

    wala nang armas ang MNLF dahil nakipagkasundo sa gobyerno, tinuro

    din ho ba ng OIC na MILF ang kausapin niyo?

    MR. LORENA. The negotiation for autonomy started in 1974, as

    I said. And that is really to find lasting autonomy. That was a

    partnership between the OIC, the government and the MNLF fronts at

    that time.

    SEN. ESCUDERO. Tama po iyon, sir, nililiwanag ko lang po.

    Again, kindly just answer the question directly. Really, sir, we are

    tolerating the fact that your principals are not here with the

    understanding that you can answer for them. So, kindly answer the

    question directly. OIC ang nagsabi sa gobyerno na MNLF ang

    kakatawan sa Bangsamoro noong 1970s, ganoon po ba iyon?

    MR. LORENA. Yes, sir.

    SEN. ESCUDERO. Ngayon, noong mas marami ng armas

    presumably, at iyong MILF na ang nanggugulo, sabi ng OIC, MILF na

    ang kausapin niyo para magkaroon ng lasting peace sa Mindanao. Is

    that an accurate statement?

    33

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES Caturla V-1 May 25, 2015 11:06 a.m. 4 MR. LORENA. Thats not an accurate statement. The OIC did

    not mention that.

    SEN. ESCUDERO. Pero sinabi po nila MILF na ang kausapin

    niyo.

    MR. LORENA. Hindi.

    SEN. ESCUDERO. Ano po?

    MR. LORENA. Since they have already an agreement with the

    MNLF, the other half of that Moro front became the MILF. So,

    necessarily in 1997, there was a continuance of the negotiation after

    the negotiation with the MNLF with the MILF.

    SEN. ESCUDERO. Sino nga pong nagsabing MILF ang kausapin

    niyo?

    MR. LORENA. Well, thats the reality on the ground, and I think

    the government made that as an initiative to negotiate with the MILF

    because they also represent the other half of Moro front.

    SEN. ESCUDERO. Let me unbundle po iyong definition po ng

    reality on the ground. Hindi po ba ang definition ng reality on the

    ground, sila ang may pinakamalaking pwersa, armas at tao na

    nanggugulo sa Mindanao noong mga panahong iyon? Thats the reality

    on the ground.

    MR. LORENA. That may be correct, Mr. Chair.

    34

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES Caturla V-1 May 25, 2015 11:06 a.m. 5 SEN. ESCUDERO. Now, again, sir, at anong dokumento ang

    nagsasabiNagbigay po ba ng special power of attorney iyong mga

    nandito, bumuto po ba sila, pumirma at in-appoint nila ang MILF bilang

    tagapasalita nila, negosyador nila at kinatawan nila? Mayroon po bang

    ganoong uri ng dokumento o bugso lamang po ng manahan mula

    MNLF naging MILF? At dahil sa reyalidad sa ground, sabi niyo nga po

    sila ang many pinakamalakas na puwersa, MNLF na lang po ang

    kinausap ng gobyerno, without casting aspersion, sir.

    MR. LORENA. Wala namang special power of attorney but,

    usually, before a negotiation, there is a resolution to Bangsamoro

    Congress

    THE CHAIRMAN (SEN. MARCOS). Kahait na hindi SPA, Usec,

    Lorena, mayroon bang isang sulat man lang na designation na

    sinasabi, Kayo na ang mag-represent sa amin sa usapan ninyo sa

    OPAPP?

    MR. LORENA. From my experience, sir

    THE CHAIRMAN (SEN. MARCOS). Alam natin na si Chairman

    Datucan Abbas na tinatawag natin na Iqbal ay mayroong ganoong

    klaseng formal designation. Mayroon din ba siyang formal designation

    na nanggagaling, sabihin na natin sa MNLF, sa mga sultanate, kasi nga

    siya ang humaharap bilang representative ng lahat ng Bangsamoro?

    35

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES Caturla V-1 May 25, 2015 11:06 a.m. 6 Kaya ito ba ay formally recognized ng mga ibat-ibang sektor ng

    Bangsamoro?

    MR. LORENA. Mr. Chairman, there is usually a resolution

    submitted by a Bangsamoro Congress. When I was with the MNLF

    negotiating with the government, we have conducted several

    Bangsamoro congresses. In that congresses, resolutions were passed

    endorsing the articulation of the fronts. In the MILF, there were also

    congresses conducted not only in Maguindanao but in other parts of

    the Bangsamoro. So, that is the basis, sir.

    SEN. ESCUDERO. So, ano po ang ibig sabihin ng congress,

    forum po iyon, parang pagtitipon, open forum po ba iyon?

    MR. LORENA. Pagtitipon where all the representatives of the

    Bangsamoro people were invited.

    SEN. ESCUDERO. Sino po iyong nag imbita at gumawa ng

    listahan?

    MR. LORENA. Of course, this is usually being invited by the

    fronts.

    SEN. ESCUDERO. So, naimbitahan po ba iyong mga nandito?

    MR. LORENA. I cannot answer, Mr. Chairman, whether they

    have been invited by the Moro fronts. Usually, there is always a

    Bangsamoro Congress.

    36

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES Caturla V-1 May 25, 2015 11:06 a.m. 7 SEN. ESCUDERO. But, sir, hindi ho ba concern iyon sa parte ng

    gobyerno bilang negosyador na iyong kausap natin tunay na

    kumakatawan sa lugar na sinasabi nilang kinakatawan nila? At hindi

    ho maaari na porket sinabi nilang ganoon na iyon ay ganoon na iyon.

    Paano ho kung hindi? Tulad ngayon, hindi naman pala. At iyong mga

    resolusyong iyon kung sinu-sino lang ho iyong nag-attend at nagpunta.

    Iyon ho iyong sitwasyon na kinakalagyan natin ngayon. Didnt the

    OPAP or the GRP think that it was better for you to have exercised due

    diligence in finding out? Nakonsulta nga ba lahat ang mga grupong ito

    or you just left it to them? Bahala na sila.

    MR. LORENA. Hindi naman bahala, Mr. Chairman. In fact, the

    reason why in the negotiation, it was made a point that the negotiation

    cannot be implemented if we legislate it precisely because of the

    understanding that in a legislation, the process of consultation may

    be had. And, therefore, since the idea of forming a Bangsamoro

    Autonomous Region is also provided by the Constitution and

    appropriately there would be a consultation, the mechanisms were

    provided. That is why the Bangsamoro Transition Commission was

    organized in order also to draft a law that will reflect the sentiments of

    the entire Bangsamoro people, not just the MILF.

    37

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES Caturla V-1 May 25, 2015 11:06 a.m. 8 SEN. ESCUDERO. I will wrap up, Mr. Chairman, by stating for

    the record that, sir, kung iyong consultation papasok pag hinuhubog

    na iyong batas, tulad ng hearing ng Kongreso, bakit niyo pinaglalaban

    as is, where is? Dapat ito at hindi baguhin. Anong konsultasyon pa

    ang gagawin kung ang position ng OPAPP at GRP hindi na ito

    puwedeng galawin at baguhin?

    Alam niyo, sa totoo lang, kung mulat-mula naging bukas ang

    OPAPP at GRP sa mga pagbabago, mas mabilis pa siguro mapapasa ito

    dahil nakapag-usap po tayo na Hoy, ito mali, ito ayusin natin, idagdag

    natin iyong particular na pagbanggit sa IPRA Law. Kaya lang kayo po,

    iyong mga bosing ninyo sa OPAPP at GRP nagmatigas. Ang position,

    as is, where is hanggang noong isang linggo ho. Biglang umamin

    noong isang gabi sa Malacaang na biglang, Okay na baguhin na

    natin, ganito na. Pero kung mulat-mula naging bukas kayo, hindi

    sana ganito kalaki ang problema.

    At pangalawa, anong konsultasyon po ang sasabihin ninyo? Eh,

    as is, where is nga ang position niyo. Kung talagang bukas kayo sa

    pagbabago na may konsultasyon sa paghubog ng batas, ganoon din po

    sana ang naging pagbuka ng pananaw. Hindi ho tulad ngayon, na ang

    konsultasyon palang mangyayari sa parte na namin. Dapat ho sana sa

    38

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES Caturla V-1 May 25, 2015 11:06 a.m. 9 parte niyo nagawa na rin ho iyong konsultasyon para mas mabilis

    iyong trabaho.

    MR. LORENA. Actually, Mr. Chairman, the panel have also

    conducted consultation on their own even from the time of Chairman

    Leonen. But as I said, there were tiers of consultation. One

    consultation in the course of negotiation. Second, when the result of

    the consultation which is the articulation of a sector of the Bangsamoro

    is already legislated, there is again a consultation. In fact, after this

    legislation, there would be again a lot of information.

    But I am sorry if it was accepted that OPAPP was stonewalling on

    as is, where is. But I think if there is a recognition that the plenary

    power of thecpc

    39

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES M.R. CATADMAN VI-1 May 25, 2015 11:16 a.m. 1

    MR. LORENA. the plenary power of the House and the

    Congress is accepted to mean that they can have certain review of the

    proposed amendment by the Bangsamoro Transition Commission.

    SEN. ESCUDERO. Mr. Chairman, just two more points.

    Number one, can we ask all the invited guests when they deliver

    their position paper to kindly state for the record kung pormal ba

    silang nakausap, nakonsulta, natanong, at kung iyong panig ba nila ay

    napakinggan ng MILF man, o ng OPAPP, o GRP, para for the record,

    Mr. Chairman, hindi na natin kailangang tanungin nang isa-isa pa.

    VOICE. [Off-mike]

    SEN. ESCUDERO. Tapusin ko lang po, sir.

    At, pangalawa, kaugnay po ng magiging posisyon natin sa bagay

    na ito, I refer to the letter addressed, if Im not mistaken, to Mr. Iqbal,

    presented in one of our hearings, Mr. Chairman, to contradict Usec

    Lorenas position. Kung saan sinasabi po nung sulat na iyon na nuong

    humarap ang gobyerno, ang pagkakaunawa ni Ginoong Iqbal at ng

    MILF ang kausap nila ay buong gobyerno, kabilang na ang Korte

    Suprema pati na rin ang Kongreso. Kaya nga po ang posisyon nila

    hindi namin puwedeng baguhin na rin iyon. Sa mahabang panahon

    hohindi ho ito misinterpretation, quotes po ito na nanggagaling

    40

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES M.R. CATADMAN VI-1 May 25, 2015 11:16 a.m. 2 mismo mula sa tagapagsalita ng pamahalaan, mula sa OPAPP, at sa

    GRP.

    I yield, Mr. ChairmanI think an invited guestto our resource

    person.

    THE CHAIRMAN(SEN. MARCOS). Thank you, Senator

    Escudero.

    Just as a point of information and to put more detail into the

    discussion. In the meeting that we had with the Secretary General

    Hamidi of OIC, he very specifically mentioned over and over again that

    the MILF is the body that they recognize, and that the body, the MILF,

    had not been consulted in any of the negotiations, or in any of the

    discussions that led up to the drafting of the BBL. HenceIm sorry,

    Usec Lorenathat puts paid to your assertion that these consultations

    occur. The position paper that has been read to us clearly also states

    that the Sultanate of Sulu, despite all of their efforts to involve

    themselves in this peace process, were ignored. And it seems to be

    that that is the same situation with all of the sultanates, with all the

    IPs, with the local government units, with the MNLF, and that is why

    we are conducting these hearings to try and make up for that

    shortcoming in the process that was undertaken by the OPAPP.

    Essentially, Usec Lorena, we are doing your job for you. We are doing

    41

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES M.R. CATADMAN VI-1 May 25, 2015 11:16 a.m. 3 your work for you. This is something that you should have done

    during the process of negotiation so that when you presented the BBL

    to Congress, then that version of the BBL incorporated into it all of the

    views, opinions, suggestions from all of the stakeholdersand I cannot

    think of any larger or more important stakeholders in the process than

    the sultanates. And having said that, I would like now to turn over the

    floor to Congressman Mike Mastura who has some interventions to

    introduce.

    MR. MASTURA. Yes, Mr. Chairman. Thank you very much.

    With your permission, I want to put on record, I cannot in

    conscience leave this room without putting on record that this is about

    negotiation and transformation of nation of that negotiation for conflict

    resolution.

    So the authority that the Honorable Senator Escudero is asking is

    not on the basis of appointment, or election, or nomination, but he was

    right in the premise that it is the armed groupin other words, the

    non-state actorswho are negotiating

    THE CHAIRMAN (SEN. MARCOS). The armed group, not the

    ARMM, as in A-R-M-M?

    MR. MASTURA. No, armed group.

    42

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES M.R. CATADMAN VI-1 May 25, 2015 11:16 a.m. 4

    THE CHAIRMAN (SEN. MARCOS). A-r-m-e-d, just to be clear,

    Congressman.

    MR. MASTURA. Right. A-r-m-e-d, non-state actors

    negotiating. Now maybe if you will allow me a little more time, the

    first negotiation was undertaken under your own father. This was the

    Tripoli Agreement of 1976. I want to say this that, Senator Escudero,

    I was an undersecretary, together with your father, at that time. The

    inputs that I can say is that the result of the 1996 agreement

    converted to domestic law is an unfinished business. So that is why

    MNLF, led by Chairman Misuari, still goes to OIC.

    The other consideration is why is MILF taken into the picture?

    Because they are also with superior arms fighting the government, and

    it is the duty of government precisely to deal with these security

    problems. And so, former President Fidel V. Ramos, a cousin of former

    President Ferdinand E. MarcosIm a historian so I would know this

    General Ramos, when he became president, reached out to the MILF,

    reached out to Chairman Hashim, that is where I came into the

    picture. I left Congress, he talked to me to help, and I sat on the

    panel, and for 17 years, Your HonorsI left government, I remained

    as a citizen, but I served this nation through being a counterpart in

    that negotiation. A lawyerThere are no lawyers in the jungle,

    43

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES M.R. CATADMAN VI-1 May 25, 2015 11:16 a.m. 5 according to your father, so he wanted me to return to Congress. I

    said, No more. Salamat has invited me into the panel. And,

    anyway, it brings us to the point that we are still at it, there are two

    documents nowthe FAB and then the CAB, and that is where BBL is

    leading us to.

    I want to correct the impression that BBL is not a product of that

    negotiation, the draft, I mean. It is a product of appointees of the

    president of the Philippines--appointees of President Aquino in that

    BTC. So it is a partnership between government and nominees of the

    MILF. The negotiation will take backseats because this is about

    legislation. That is why with your permissionbecause I did not

    anymore wait for you to call me as a resource personI have two

    documents, and I have written your secretariat, and I have submitted

    them, and it is for your disposal and I hope that it will be read for the

    record. It is for documentation of my stand and they are very specific

    on the question you asked me at a private dinner, you want me to

    explain a symmetryasymmetrical relation.

    Let me go back to the point. So there is no authority on the

    part of the MILF to say, People, we want to negotiate in your behalf.

    So with MNLF, under Nur Misuari. But because it is now under

    international law, both are lawyers--so there is a law of peace

    44

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES M.R. CATADMAN VI-1 May 25, 2015 11:16 a.m. 6 agreement, lex pacificatoria. So this should not be treated, Mr.

    Senator, Your Honor Escudero, as plain, domestic concerns. It

    involves, what I call, the existence of international dimension. And

    thats why I did not go to the House of Representatives, I have a

    standing invitation. I prefer to come to you. Im sorry for not coming

    during the Mamasapano investigation. I did not feel like being a

    military man, so I did not come.

    So, now Im here as a lawyer, as a former congressman, as a

    scholar, and now the idea is to produce a law/mrjc

    45

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CDAstrero I-2 May 25, 2015 11:26 a.m. 1

    MR. MASTURA. the idea is to produce a law that willis it to

    supplant the Organic Act? The title itself is very misleading, thats why

    it is to abolish the Autonomous Region. I dont think we can abolish

    the Autonomous Region because it is a constitutional provision. In

    other words, ARMM. Therefore, technically, what we should do is to

    revise the Organic Act.

    So, the title itself, normally, a lawI have been a legislator, a

    law talks about its title only after all the provisions are discussed and

    approved. But here I am because it is important to know the purpose

    of the law. The purpose of the law is to revise. Like the Constitution,

    its either you amend or you revise. In this case, its a total overhaul

    of Organic Act, the original.

    I was still a member of Congress when we passed 6734. And as

    amended, this is also a response of government to the MNLFs

    demands. Therefore, the law amending 6734, which is 9054, is an

    expanded Organic Act. So, it always referred to the law. And what

    Congress does with the law is never abolishing the Autonomous

    Region. So, in short, we should address the transitional aspect of this.

    Therefore, revision would be more proper, like we would revise the

    Constitution if it is entirely overhauled. Thus, we can set up a

    structure so it will be setting up a new structure and governance, of

    46

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CDAstrero I-2 May 25, 2015 11:26 a.m. 2 course. Thats why you can shift from one form or structure of

    government. But there is a doctrine of what you call Act of

    Exception. This is also my research in other conflict areas, namely,

    for example, Aland in Finland and even Bougainville. Then, the

    question will be addressed on whether we would need a constitutional

    charter as reported already by the Honorable Miriam Defensor. I have

    read the report and I cited it in the position paper that I submitted to

    you. But I dont want to be carried with this, Mr. Senator. The

    authority youre asking

    The third partyThis is the third part. So, when the war was

    declared by the Estrada administration came to an end, then the next

    administration, the Arroyo administration, took up and picked up the

    reaching out of President Ramos; and President Arroyo went to a state

    visit in Malaysia and asked for a third-party facilitation. That is where

    former Prime Minister Mahathir came to the picture. And the

    agreement on that state visit was that the Philippines will form a panel.

    At that time, GRP was used, not GPH. And on the part of Salamat, as

    chairman, he would form a panel.

    It is important also, Mr. Senator, that we refer to the letter of

    Chairman Salamat to US President George Bush. For more than a

    hundred years, this would be the first time that the Bangsamoro, the

    47

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CDAstrero I-2 May 25, 2015 11:26 a.m. 3 Moros would have a direct conversation with the highest authority of

    the government of the United States. And that is why the treaty

    mentioned and referred to by Dayang Dayang Jacel Kiram is important.

    Okay. This is no intervention. The late Salamat did not mean that the

    US will intervene. I appealed in the WikiLeaks. I think they are not

    very many people. I dont know if I should be proud or be ashamed of

    that. For that reasonbecause of that the only reason why this

    letter was written and it is officially responded to by the State

    Department. And this response was that the Bangsamoro people have

    legitimate grievances. But the reason behind that correspondence

    between MILFs, Chairman Salamat and the US State Department was

    to see to it that MILF will not be put in the list of international terrorists

    organization. I think that is important because that makes the

    distinction in foreign policy and in domestic policy.

    So, I will probably end up here but later on, allow me to

    intervene why the sultanates, why this traditionBecause this is a

    vindication of a neglected policy on what to do with the sultanate

    despite claims of territories. There is no real policy addressing the

    traditional institutions that we have. The sultanates are not Morrigon.

    What we lost is power because of governance, republican system.

    What we still own and haveI belong to the direct bloodline of Sultan

    48

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CDAstrero I-2 May 25, 2015 11:26 a.m. 4 Kudarat, therefore, sultan of Maguindanao. What we have in our laws

    is influence and that is why we are here. But I want to have an advice

    also in dealing with this. This is what I promise you, Mr. Chairman,

    Senator Marcos, to help you, sort this out. I advise that those claiming

    sultanates should go back to our genealogy, our Tarsila. Then we will

    help government settle our seemingly unending, intermittent clashes

    along clans level, then we would not bother government.

    Where you can help us, Mr. Senator, your committees, Peace

    andSenator Guingona is not here, the chairman in Reconciliationis

    look at our series of treaties, look at our structures. Because the last

    treaty, Carpenter Agreement, mentioned that the Sultan of Sulu would

    be the head of the Mohammedan church. Again, in these days, Senator

    Chiz, this is politically incorrect. We are not Mohammedans, we are

    Muslims. So, there is no church also. So, I do not want to be Cardinal

    Tagles counterpart.

    THE CHAIRMAN (SEN. MARCOS). Congressman, we have

    wandered into the details of the historical perspective. Although, very

    important, unfortunately, we simply do not have the time to pursue it

    in that great detail.

    MR. MASTURA. Yes. Thank you very much, Mr. Chairman.

    SEN. ESCUDERO. Mr. Chairman, just a brief

    49

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    THE CHAIRMAN (SEN. MARCOS). Yes, Senator Escudero.

    SEN. ESCUDERO. I thank Congressman Mastura for his inputs.

    But really, SPA appointment and authorization was a figure of

    speech if only to highlight the fact that these people were not

    consulted. Tanggap at alam ko po na silay mas may pinakamaraming

    armas kaya nga nandito ho kami ngayon. Ang batas ginagawa para

    pangalagaan ang sinuman, being a legislator yourself. Ang batas

    ginagawa para pangalagaan ang interest ng minorya, hindi para

    pangalagaan ang interest ng mayorya at dati nang malakas na

    maraming armas. Nandito ho kami para pangalagaan iyong interest

    ng hindi kayang ipaglaban iyong interest nila. And at the end of the

    day, whether it is MILF/cda

    50

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES HSGayapa II-2 May 25, 2015 11:36 a.m. 1

    SEN. ESCUDERO. whether it is MILF, OPAPP, GPH, they should

    have still talked to all of these minorities and minority groups,

    pakinggan man lang sila, hindi man nalagay sa batas, hindi man

    nalagay sa bill, ang importante nabigyan sila ng pagkakataon marinig

    na tila hindi ho lubusang nagawa to the contentment of the people we

    have here before us. Hence, the long hearings of Senator Marcos until

    this afternoon.

    Thank you, Mr. Chairman.

    THE CHAIRMAN (SEN. MARCOS). Thank you, Senator

    Escudero.

    Yes, we can anticipate that certainly. But it is long as they may

    be, lengthy as they might be, they are, to me, obviously necessary and

    that is why we are conducting them despite the importuning of

    members in the Executive that we just ignore some of these sectors

    and just pass the bill and dont bother studying it too hard. Bastat

    ipasa na lang para na lang matapos na. Hindi namin matanggap-

    tanggap na ganyan ang aming katungkulan sa mga nagluklok sa amin

    dito sa mga posisyon namin and that is why we are conducting these

    hearings.

    So, thank you for the presentation that was given us from the

    Sultanate of Sulu.

    51

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES HSGayapa II-2 May 25, 2015 11:36 a.m. 2

    The issues that were raised are issues that have been raised

    before most specifically in our hearings in Jolo wherein many of these

    points were made, the point that the non-recognition of the historical

    background of the Sultanate of Sulu that is expressed in the BBL of

    changing Sulu Sea into the Bangsamoro waters because that is

    precisely something that is unacceptable simply because it is incorrect

    and inaccurate and does not have an eye to historical realities. The

    issue of the Wali is also something that has been raised and it is

    something that has been explained to us, again, in the hearings in Jolo

    that the Wali represents the Sultan and there is no need to appoint a

    Wali if the Sultan is available to do at least the ceremonial duties and

    that is one of the contentious issues. The organization of the

    parliament and the division between voting and appointed seats of 60

    to 40 is also something that has been seen as problematic. I think

    that is more or less the point that is made except further to mention

    the fact that the tribal delineations of the Tausugs in the Sultanate of

    Sulu must also be recognized and have not been recognized.

    So, we thank you for that presentation.

    I think we have a great many of these position papers to go

    through. I would like now to proceed to the next position paper that

    52

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    descendant of Diwan, Royal House of Bayang, Datu Alexander Mama-o.

    Datu Mama-o, are you ready to present the position of the Royal

    House of Bayang?

    MR. MAMA-O. Thank you, Mr. Chairman.

    Yes, I am ready.

    THE CHAIRMAN (SEN. MARCOS). The Royalty of Bayang and

    Pagayawan.

    MR. MAMA-O. Yes. Assalamu alaikum wa rahmatullahi wa

    barakatuh. My warmest greetings of peace to Honorable Senator

    Ferdinand Marcos Jr., chairman of the Committee on Local Government

    and Senator Francis Chiz Escudero and all the resource persons who

    are present here today.

    I see my good friend Abraham Idjirani and Princess Jacel. My

    late condolence to your father. I was not able to attend the--he was

    my friend.

    I am here on behalf of the Sultanate of Bayang, his Royal

    Highness Sultan Ali Manding who appears to be my uncle and we thank

    you, Honorable Senator, for this invitation that the Sultanate of

    Bayang is allowed and given the privilege to participate in the joint

    53

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES HSGayapa II-2 May 25, 2015 11:36 a.m. 4 public hearing of Senate Bill 2408 or the Proposed Bangsamoro Basic

    Law.

    Before that, Mr. Chairman, allow me to introduce myself. I am

    the incumbent Datu-a-Cabugatan sa Bayang (crown prince of the Royal

    House of Bayang, Lanao del Sur), in line with the throne of the

    sultanate of the descendants of Moriatao Amdhag, from the Sharif

    Amerudin clan. I am also the present chairman of the Moriatao Diwan,

    the great descendants of the Royalty of Bayang and Pagayawan.

    The Royalty of Bayang and Pagayawan are all by originally

    brothers, the Diwan and the Pagayawan.

    The Sultanate of Bayang is among the four pioneer principalities

    of the Royal Houses of Dalm-a-Unayan, Dalm Masiu, Dalm-a-

    Bayabao and Dalm-a-Baloi. Those are the four beginning territories,

    Mr. Chairman, when the two Lanao provinces are still intact, one

    province. This is now expanded to 16 royal houses of Lanao provinces

    including the 28 sultanates of surrounding municipalities that served as

    the legislative body.

    The Sultanate of Bayang was the seat of power of the Paramount

    Sultan of the 19 royal houses of Mindanao and Sulu during the reign of

    the late Sultan Haroun Al-Rashid Lucman, former sultan of Bayang and

    my uncle in second degree. He was proclaimed by the late President,

    54

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES HSGayapa II-2 May 25, 2015 11:36 a.m. 5 your father, Mr. Chairman, the late President Ferdinand E. Marcos, at

    Malacaang Palace in 1975, if my memory is right.

    In short, we trace our lineage to the established Mindanao

    royalties who ruled prior to era of Philippine colonization. We are

    descendants of the original inhabitants in the archipelago.

    Our ancestors had their own political, economic, and social

    systems. They exercise their right to self-determination. It is a pride

    of Philippine history that its Moro people were never colonized for more

    than 300 years. We are people of distinct history and culture; that is,

    we are self-governing and first nation builders. Our ancestors fought

    valiantly for us to be not subjugated by Spanish, Japanese and

    American colonial rule. Our hometown is remembered for the Battle of

    Padang Karbala in Bayang in 1902 during the American occupation.

    The Americans chronicled the war as the fiercest battle in all of the

    insurrection.

    Ladies and gentlemen, it is carved in the history that Southern

    Mindanao was only forcefully annexed, without consent, into the

    Philippine system when Spain ceded the country to America in 1898.

    Hence, the historical injustice, that up to now this generation and

    administration aim to address through peaceful means through the

    Bangsamoro peace process. Originally, our elders in the Moro fronts

    55

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES HSGayapa II-2 May 25, 2015 11:36 a.m. 6 since the 1960s struggled to regain our independence as a people. But

    with the realities that we are minority or historically minoritized in the

    country, the MILF negotiated for genuine autonomy within the

    Philippines through democratic process and legislative process.

    In short, Mr. Chairman, I would like to inform the body that

    there was before a question who endorsed, I mean, if there was any of

    the sultanate who endorsed the negotiation, and for the information of

    the body, the great descendants of Diwan passed a resolution during

    the administration of former President Macapagal-Arroyo, through

    Secretary Avelino Razon Jr., asking the resumption of the peace

    negotiation between the MILF and the government. So, the statement

    that there was no royalty who endorsed the one was that probably the

    royal house of Bayang endorsed this. And that is on record during the

    time of former Secretary Avelino Razon Jr. in the OPAPP.

    What is our position/hsg

    56

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    MR. MAMA-O. What is our position on the BBL?

    The position of the Royal Sultanate of Bayang is a resounding

    yes for the passage of BBL or the Bangsamoro Basic Law.

    And allow me to state the reasons why we support the

    Bangsamoro Basic Law.

    1. The BBL addresses the Bangsamoro aspiration for genuine

    autonomy as a solution to historical injustices done to the Bangsamoro

    people who have been struggling to regain their right to self-

    determination.

    Ang BBL po ang tugon sa matagal na hangad ng Bangsamoro

    para sa tunay na awtonomiya. Labimpitong taon na po ang tagal ng

    negosasyon sa pagitan ng MILF at gobyerno sa nakaraang tatlong

    administrasyon hanggang ngayon.

    I was part of the Consultative Conference on Muslim Mindanao

    Autonomy organized by the steering committee for the drafting of the

    Organic Act of the Autonomous Region in Muslim Mindanao back in

    1987. Unfortunately, ARMM has not fully achieved and exercised

    genuine political and fiscal autonomy. Hopefully, it can be realized

    with the proposed establishment of the Bangsamoro political entity.

    57

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    2. The BBL keeps our country intact and recognizes Bangsamoro

    identity, retaining one Filipino citizenship.

    Ang BBL po ay naaayon sa diwa ng Saligang Batas na social

    justice. Ang BBL po ay maghiihilom sa sugat ng Bangsamoro na

    magkaroon po kami ng tunay na awtonomiya matapos ang ilang

    dekada ng rebelyon at negosasyon.

    Hindi separate o hiwalay na bansa ang Bangsamoro political

    entity. Ang BBL ang daan para tuluyan nang kilalanin ang Bangsamoro

    socio-political identity na kaisa bilang mga kapwa Pilipino.

    3. The BBL is a product of numerous consultations and

    consensus building.

    The BBL is based on the Comprehensive Agreement on the

    Bangsamoro (CAB) which is a product of 17 years of peace

    negotiations, where both parties, the government peace panel and the

    MILF, invested so much effort and goodwill. The proposed BBL was not

    made overnight. Numerous consultations were made by the parties

    and peace advocates from various sectors of society to form the

    proposed BBL. In fact, we have lived and died in the stretch of 17

    years for us to come at this point where a Bangsamoro peace

    58

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    passage of the Bangsamoro Basic Law.

    4. The BBL ought to be passed. This should be the mindset of

    progressive Filipinos. The passage of BBL is not being rushed per se,

    giving importance to it as an affirmative action for justice and peace

    aspired for by the Bangsamoro.

    Yes, we want a good quality of BBL. But that can be done with

    due appreciation of the urgency of this priority legislative measure.

    For our lawmakers who truly understand the decades-old Bangsamoro

    history, struggle, and aspiration, the time has come to finally resolve

    the long wait for a political solution for the Bangsamoro.

    Our appeal is that time is of the essence. We have in our midst

    integral components for a successful peace process. The political will

    of the current administration and the leadership of Congress as well as

    the support of various stakeholders as shown in surveys. It is our

    earnest appeal that our political leaders transcend partisan divisions

    and work together in this historic opportunity to resolve the decades-

    old conflict in Mindanao and lifelong struggle of our Moro brothers and

    sisters.

    59

  • COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CMNERY III-2 May 25, 2015 11:46 a.m. 4

    Kayo pong ginagalang naming mga mambabatas, our lawmakers

    and legislators who have this monumental role, nasa kamay niyo po

    ang pagkamit ng matagal nang hangad ng kapayapaan, hustisya at

    kaunlaran ng Bangsamoro na para s