bbl in senate | hearing on issues of sultanates, ips in the bbl, may 25, 2015
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Transcript of Senate hearing on the BBL, May 25, 2015TRANSCRIPT
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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
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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
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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
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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
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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.)
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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
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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
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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.
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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.
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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
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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
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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.
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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.
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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
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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.
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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.
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Comparative analysis between December 10, 1898 Treaty of
Paris/hsg
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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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.
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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
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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. 3 negotiating with these fronts because they are articulating the interest
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?
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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.
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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?
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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.
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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.
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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
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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
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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
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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
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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.
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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,
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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,
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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
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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
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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.
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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
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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.
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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