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Republic of the Philippines CONGRESS OF THE PHILIPPINES
S E N AT E Pasay City
COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND
CONSTITUTIONAL
AMENDMENTS AND REVISION OF CODES
DATE : Wednesday, May 13, 2015
TIME : 10:30 a.m.
VENUE : Sulu Provincial Multi-Purpose Gymnasium Capitol Site,
Patikul, Sulu
AGENDA : Senate Bill No. 2408 An Act Providing for the Basic Law
for the Bangsamoro and Abolishing the Autonomous Region in Muslim
Mindanao, Repealing for the Purpose Republic Act No. 9054,
Entitled, An Act to Strengthen and Expand the Organic Act for the
Autonomous Region in Muslim Mindanao, and Republic Act No. 6734,
Entitled An Act Providing for an Organic Act for the Autonomous
Region in Muslim Mindanao, and for Other Purposes (Introduced by
Senators Drilon, Sotto, Legarda, Recto, Binay, Escudero, Aquino,
Angara, P. Cayetano, Honasan and Guingona)
_________________________________________
ATTENDANCE
SENATOR PRESENT:
Hon. Ferdinand R. Marcos Jr. - Chairman, Committee on Local
Government
GUESTS/RESOURCE PERSONS:
Hon. Antonio F. Lagdameo Jr. - Representative, Davao Del Norte
Hon. Abdusakur Toto Tan II - Governor, Province of Sulu
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Hon. Abdusakur Tan - Vice Governor, Province of Sulu
BGen. Arturo Jose Orticio Jr. - Armed Forces of the
Philippines
BGen. Carlito Galvez - Western Mindanao Command Deputy Commander
for Peace Process Armed Forces of the Philippines
Hon. Jose Lorena - Undersecretary, Office of the Presidential
Adviser on the Peace Process (OPAPP)
Atty. Al Julkipli - Presidential Adviser on the Peace Process
(OPAPP)
Mr. Nasser Tagayan - Presidential Adviser on the Peace Process
(OPAPP)
Ms. Jana Emran - Presidential Adviser on the Peace Process
(OPAPP)
Atty. Nabil Tan - Undersecretary and Head, Manila Coordinating
Office, Office of the President of the Philippines
Mr. Asani Tammang - Commissioner, Bangsamoro Transition
Commission
Ms. Fatmawati Salapuddin - Commissioner, Bangsamoro Transition
Commission
Mr. Alih Aiyub - Commissioner, Bangsamoro Transition
Commission
Mr. Abraham Burahan - Secretary General, League of
Municipalities; Mayor, Municipality of Hadji Panglima Tahil,
Province of Sulu
Mr. Hussin Amin - Mayor, Municipality of Jolo Province of
Sulu
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Mr. Anton Burahan - Mayor, Municipality of Pata Province of
Sulu
Mr. Gafor Abdurajak - Mayor, Municipality of Old Panamao
Province of Sulu
Mr. Allayon Arbison Jr. - Mayor, Municipality of Luuk Province
of Sulu
Mr. Hadji Amilhama Taib - Mayor, Municipality of Pangutaran
Province of Sulu
Mr. Madzhar Loong - Mayor, Municipality of Parang Province of
Sulu
Mr. Nasser Daud - Mayor, Municipality of Tapul Province of
Sulu
Ms. Liezel Halun - Mayor, Municipality of Kalingalan Caluang,
Province of Sulu
Ms. Mussah Muksan - Mayor, Municipality of Siasi Province of
Sulu
Ms. Sitti Raya Tulawie - Mayor, Municipality of Talipao Province
of Sulu
Mr. Saripuddin Jikiri - Mayor, Municipality of Indanan, Province
of Sulu
Mr. Hadja Dorni Daud - Vice Mayor, Municipality of Tapul
Province of Sulu
Mr. Nasser Hayudini - Councillor, Municipality of Patikul
Province of Sulu
Mr. Edmund Tayao - Local Government Development Foundation
Mr. Jorshon Hailil - Fifth Sharia Circuit Court, Hall of
Justice
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Mr. Edmund Gumbahali - Lead Convenor, Tausug Network
Mr. Mohammad Faizal Alih - Member, MATAWKASI, Inc.
Mr. Zanzibar Hadjulani - Chairman, Anak Sug Alliance
Mr. Abdulajid Estino - PAZAMBATASUL
Fr. Romeo Villanueva - Vicariate General, Bishop of Jolo
Director, Justice, Peace, Integrity of Creation Ministry
Mr. Albi Julkarnain - Datu, Jolo, Sulu
Mr. Abubakar Mohammad - Professor and Local CSO Leader
Atty. Benedicto Bacani - Executive Director Institute for
Autonomy and Governance
Mr. Rey Danilo Lacson - Professor, Institute for Autonomy and
Governance
Mr. Abraham Idjirani - Secretary General of Sulu Sultanate
Ms. Fatima Rasul - Philippine Council on Islam and Democracy
Atty. Salma Rasul - Philippine Council on Islam and
Democracy
Mr. Habib Mujahab Hashim - Senior Officer, Moro National
Liberation Front
Mr. Aljiber Ismael - Vice President, Tausug Active Youth
Organization, Inc.
Ms. Fadzinya Kahalan - Tausug Active Youth Organization,
Inc.
Mr. Sali Abdulmajid - Sulu Alliance for Peace and
Development
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Mr. Abdul Kong Sahrin - Secretary General, MNLF Central
Committee
Mr. Sharif Juhor Hali - President, Directorate of Islamic of the
Philippines
SENATORS STAFF
Atty. Jose Cadiz, Jr. - O/S Marcos Atty. Minda Lavarias - O/S
Marcos Atty. Ryan Estevez - O/S Pimentel Atty. Elbert Cruz - O/S
Pimentel Atty. Jason Co - O/S A. Cayetano Mr. John Carlos - O/S A.
Cayetano
SENATE SECRETARIAT:
Ms. Assumption Ingrid B. Reyes - Legislative Committee Secretary
Ms. Cindell B. Gealan - Legislative Committee Stenographer Ms. Ma.
Rosalinda J. Catadman - - do Ms. Bathaluman H. Gonzales - - do
Ms. Imelda J. Vicedo - - do Ms. Mylene R. Palino - Legislative
Committee Clerk Mr. Daniel D. Diamzon - - do Mr. Jimmy Gaviola - -
do Ms. Gina Rowena Nortez - Legislative Page Mr. Eric Jalandoon - -
do
(For complete list, please see attached Attendance Sheet.)
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AT 10:34 A.M., HON. FERDINAND R. MARCOS JR., CHAIRMAN OF THE
COMMITTEE ON LOCAL GOVERNMENT, CALLED THE HEARING TO ORDER.
MR. UKKOH. Assalamu alaikum wa rahmatullahi wa barakatuh.
Good morning, ladies and gentlemen.
Well start the program or the event this morning by way of
an
invocation. May I respectfully invite Al Pataunti from UP
Diliman to
lead us in prayer. This will be followed by the singing of the
Philippine
National Anthem.
[PRAYER]
[SINGING OF THE NATIONAL ANTHEM]
MR. UKKOH. Thank you very much.
Once again, ladies and gentlemen, good morning.
This time, Honorable Abdusakur Toto Tan II, Governor,
Province of Sulu, will now deliver his opening and welcome
remarks.
MR. A. TAN II. Bismillaahir Rahmaanin Raheem.
Assalamu alaikum wa rahmatullahi wa barakatuh.
Good morning, everyone. On behalf of the provincial
government and the people of Sulu, allow me to extend a warm
welcome to Senator Ferdinand R. Marcos Jr., Chairman of the
Senate
Committee on Local Government and Senate Committee on Peace,
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Unification and Reconciliation, and the Senators party for the
Joint
Committee Hearing on the BBL this morning.
I am also acknowledging the presence of distinguished guests
and resource persons and representatives of various sectors of
our
society, who, I hope, will be allowed the opportunity to be
enlightened,
clear whatever doubts and concerns they may harbor on the
crafting of
a law defining the future of the region.
Sa totoo lang, hindi naman talaga ang BBL mismo ang pinag-
uukulan ng pansin ng mga karaniwang tao. Natitiyak ko na
karaniwan
sa amin dito ay hindi ukol nang panahon na mabasa man lamang
ang
draft law. Ang karaniwang sinasabi sa mga usap-usapan sa
tabi-tabi
na ang MILF na daw ang papalit sa pamamahala ng ARMM at ng
mga
lalawigan na sakop nito. Hindi po natin masisisi ang mga tao
sapagkat
ang issue ng BBL ay hindi lubusang naipaliwanag sa amin at
sa
karaniwang mamamayan upang lubusan nilang maunawaan at
makaiwas sa mga haka-haka na sa halip na makabuklod ay
nakakahati
sa amin dito sa lalawigan ng Sulu.
With the presence of the various sectors here today, I hope
the
Senate Committee and the resource people participating can clear
the
air that this current episode obtaining in the region is not a
matter of
virtual takeover of local governance by an occupying force or
forces as
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bannered about by some quarters. In the course of this
public
hearing, let me be the one to beg the indulgence of the
honorable
Senate Committee when there are queries not on the provisions of
the
law but more on the outpouring or murmuring sentiments of
uncertainties on what awaits in the future.
Mauli, magsukol kanyo katan.
Assalamu alaikum wa rahmatullahi wa barakatuh.
THE CHAIRMAN (SEN. MARCOS). Thank you very much,
Governor Tan.
I would, at this point, now call to order.
We call to order the hearing of the Committee on Local
Government of 13 May 2015.
Our agenda today is Senate Bill No. 2408. And to read the
title,
it is An Act Providing for the Basic Law for the Bangsamoro,
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.
This Senate Bill No. 2408 is more commonly known as the
Draft
Bangsamoro Basic Law and that is our agenda for today.
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I would like to acknowledge for the record the presence of
Representative Anton Lagdameo of Davao Del Norte who is
serving
today as our liaison to the House of Representatives; the Chief
of Staff,
General Gregorio Catapang, is represented by Brigadier General
Arturo
Jose Orticio Jr.
Also here is Brigadier General Carlito Galvez who is the
WestMinCom Deputy Commander for Peace Process, AFP. Also here
is
Atty. Nabil Tan, Undersecretary and Head, Manila Coordinating
Office,
Office of the President.
For OPAPP, who are here today is our constant companion in
all
of these hearings, Atty. Al Julkipli, Nasser Tagayan and Jana
Emran,
who are from the academe and the civil society respectively.
Members of the Bangsamoro Transition Commission:
Commissioner Asani Tammang, Commissioner Fatmawati
Salapuddin,
Alih Aiyub.
From the Government of the Province of Sulu, the Governor
Abdusakur Tan II, and Vice Governor Abdusakur Tan.
The mayors of Sulu who are present today, Mayor Jess
Burahan,
the Secretary General of the League of Municipalities; Mayor
Hussin
Amin, the Municipality of Jolo; Mayor Anton Burahan,
Municipality of
Pata; Mayor Gafor Abdurajak, Municipality of Old Panamao;
Mayor
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Allayon Arbison, Municipality of Luuk; Mayor Hadji Taib,
Municipality of
Pangutaran; Mayor Madzhar Loong, Municipality of Parang;
Mayor
Leizel Halun, Municipality of Kalingalan/cbg
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THE CHAIRMAN (SEN. MARCOS). Municipality of
Kalingalan Caluang; Mayor Mussah Muksan, Municipality of
Siasi;
Mayor Sitti Raya Tulawie, Municipality of Talipao; Mayor
Kabir
Hayudini, represented by Councilor Nasser Hayudini; Mayor
Saripuddin Jikiri, Municipality of Indanan; Mayor Intan
Berto, Municipality of Pandami; Mayor Al-
Zhudurie Asmadun, Municipality of Lugus; Mayor Samier Tan,
Municipality of Maimbung; Mayor Ferahana Mohammad,
Municipality
of Omar. From the youth organizations, from the Muslim
Student
Association, Zadiqueyah Hajihil; from the vicar general,
Father
Romero Villanueva; a local CSO leader, Professor Abubakar
Mohammad; Dr. Raden Ikbala, from the BASSAKAO; Datu Albi
Julkarnain from Jolo, Sulu; Dr. Hanbal Bara also from Jolo;
Atty.
Benedicto Bacani, who is the executive director of the Institute
for
Autonomy and Governance; Professor Rey Danilo Lacson, the
Institute
for Autonomy and Governance; Ms. Fatima Rasul from the
Philippine
Council on Islam and Democracy; Atty. Salma Rasul,
Philippine
Council on Islam and Democracy; Professor Edmund Tayao,
LOGODEF; Habib Munjahab Hashim, MNLF-ICC; Atty. Meltino
Sibulan,
The Sulu Human Rights Network. These are the resource persons
who
are available to us today.
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Let me first, before we proceed, have a very quick
explanation.
Maipaliwanag ko lang naman sa ating mga nandito ngayong araw
na
itong hearing na ito ay dapat noong Pebrero pa. Tama, noong
Pebrero
pa dapat ito. But, as you know, nangyari iyong Mamasapano at
na-
push back lahat noong aming mga hearing, na-suspindi ng
isang
buwan at habang iniimbistigahan ang mga pangyayari sa
Mamasapano. At ngayon ay tapos na ang mga hearing na iyon
kayat
ipinagpatuloy ng inyong Committee on Local Government sa
Senado
ang mga hearing na ito. The hearing today in Sulu, and
tomorrow
there will be a hearing in Zamboanga City. Iyan na ang dalawang
last
hearings dito sa Mindanao. Mayroon pang mga susunod na
hearings
pero gagawin na sa Manila. At ito ay pinilit komaraming
nagsasabi,
Huwag ka nang pumunta sa Jolo at Zamboanga at alam na rin
natin
ang magiging issue. Sabi ko, hindi maaaring mangyari iyon
dahil
nagsasabi ang ating mga kasama na nais nilang magsalita, at ito
ay
ipinangako ng Committee sa inyo. Kayat we have returned and
we
will continue with the hearings that we have scheduled.
I would just like to explain how we will conduct the
hearing.
There are severalI have here seven, although ang dumating yata
ay
anim lang, o lima langbut there are five, six, maybe seven
groups
that have a position paper to present to the Committee. Kayat
ang
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aking balak ay unahin muna natin lahat ng mga magpi-present
ng
position paper para makapagsalita lahat sila, at lahat ng
kanilang
gustong sabihin ay mailagay sa record. Pagkatapos noong
pag-prisinta
ng mga position paper, I will open the floor because we also
have
Besides the list of those who would like to present a position
paper, we
also have a list of people who have registered their desire to
speak.
So, without further ado, I think we can begin with Father
Romero
Villanueva from the Vicariate of Jolo, if he is ready to present
the
position that he has forwarded to the Committee.
Father, we are in receipt of your position paper. For the
record,
please, if you would explain for the record and for the public
what is
the position that you have espoused in this paper that you
have
handed us. Please proceed.
MR. VILLANUEVA. Thank you, Honorable Senator.
I would like to begin. It has been said, the world will never
be
the dwelling place of peace until peace has found a home in the
heart
of each man and woman.
Our peace campaign is to discuss, if I shorten it, whether or
not
BBL will replace or the Bangsamoro Autonomy will replace the
ARMM,
the Autonomous Region of Muslim Mindanao.
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My position is this. In simple words, in simple laudable
language, the focus of our discussions is on the merits of BBL
or the
Bangsamoro Autonomy intended to replace the Autonomous Region
of
Muslim Mindanao. That there may be a just and lasting peace
in
Mindanao and in Sulu archipelago.
The most basic question that the proposed bill on the
Bangsamoro Autonomy attempts to answer is in this particular
complicated situation of unpeace in southern Philippines, not
only in
ARMM, but also in the affected provinces here in
MindanaoBasilan,
Sulu, and Tawi-Tawi. Foremost among all these is the problem
posed
by the MILF, Moro Islamic Liberation Front, not only in words,
but with
guns.
What could bring just and lasting peace to southern
Philippines?
The resounding answer is the Bangsamoro with its basic
Bangsamoro Basic Law! ARMM must be done away with as a
failed
experiment. The answer, of course, is coming from President
Aquino
himself as crafted with OPAPP and the MILF leadership and backed
up
very generously by Malaysia.
The President is so determined to have this BBL approved by
Congress that millions, perhaps billions are being spent for
its
promotion all over Mindanao and the adjoining islands. It must
be
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approved because it is the only hope for peace in Mindanao and
Sulu
archipelago.
Will it really bring peace?
I have been assigned here in the Apostolic Vicariate of Jolo
comprising the province of Sulu and Tawi-Tawi since 1999. As
pastoral
coordinator and executive director of the Vicariate Justice,
Peace, and
Integrity of Creation Ministry. I have conducted and
participated in so
many peace related seminars and trainings in Jolo,
Tawi-Tawi,
Zamboanga, Davao, Cotabato, Sultan Kudarat, Cagayan de Oro,
Cebu,
Iloilo, Manila, Baguio, and even in Rome, Italy and in the USA.
We
have a lot of networking among ourselves as NGOs, with GOs,
and
POs. As against the question at hand, my experiences tell me
the
following: one, will autonomy succeed for the Muslims of
Mindanao
and Sulu, and Tawi-Tawi? There are big factions among them
and
worst for Sulu and Tawi-Tawi who have all kinds of natural
resources;
they are composed of so many islands. They are so far from the
rest
and if the center of autonomy is in Cotabato area, they will be
losing
and missing a lot. They are at the margin of Philippine
leadership and
more so, even in an autonomy/mrjc
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MR. VILLANUEVA. They are at the margin of Philippine
leadership and more so, even in an autonomy.
The Bangsamoro autonomy being offered has not really been
agreed upon from the beginning by the two biggest factionsthe
MILF
and the MNLF. In fact, at the expense of the MNLF, there have
been
some railroading somewhere. The MNLF have been taken for
granted
which resulted in that tragic Zamboanga siege, the collateral
damage
of which up to now cries for healing and rehabilitation.
Government
influenced media have been bringing the MNLF solely for it
without
admitting its own mistake.
No. 3, what will happen to the MNLF after the approval of
the
BBL? Will it be Join us or else? Is there a Machiavellian
snakehead
lurking somewhere?
No. 4, what about the minorities, indigenous peoples,
Christians
living in the geographical bounderies if they have civil or
criminal cases
like land-grabbing, robberies, killings, etcetera? Will the
new
leadership take care of them? That is doubtful. Will their
leadership
have a control over those for below? The Mamasapano case is
an
indication. Once the BBL is approved by Congress, consider to be
the
victory of peace, the greatest legacy of President Aquino is
achieved
and it might even get the Nobel Prize award. What now? Will
there be
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peace here in Mindanao and Sulu Archipelago? I hope to God
that
there will be peace.
But there is a very possible scenario which Im afraid will
happen
within the next five years if the approval is made. It is this:
the BBL
with all its provisions when approved will create practically
a
government within a government. This new government could
gather
forces somehow and be very strong. When that happens, the
great
temptation would be that those of radical minds among them will
seek
independence. I dont blame them. This has been their quest
for
centuries. They were much ahead in the islands of Sulu and has
been
in public governance at least 200 years before Magellan came to
the
islands and give the name Las Islas Pilipinas. More than likely,
their
demand will include all of Mindanao and Palawan. If that
happens, we
will experience the greatest civil war there is. It might even
result into
Muslims against Christians. I pray to the God of peace that this
will
not happen. I do not want to lose the Muslims that I have
learned to
love.
Thus, Im appealing to the President, to the MILF leadership
and
to all those involved in the peace process, to all those who are
sincere
in seeking for genuine, just and lasting peace in southern and
western
Mindanao. It is still possible to postpone the approval so that
a better
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alternative can be found that could be satisfactory to all with
lesser
risk of rebellion and a win-win solution. Federalism could be
the best
alternative but this will involve a big constitutional change
because it
will be for the whole country. It will take some time to study,
perhaps
two years. This will be the greatest challenge to whoever will
be the
next president. But it is well worth it.
In federalism, there is a favorable autonomy and each state
can
develop on their own with those who are at the margins being
subsidized by the central government initially. The USA is an
example.
The Islamic centers in the states that we had the privilege to
visit
shared to us how they live so freely as Muslims and how they
are
accepted as such.
In federalism, many of these social evils, bad elements and
corruption that haunt us can be faced and better. Let us study
and
prepare for this change. We should be tired by now living under
the
so-called Democracy: Pinoy style.
Lastly, let us remember, peace is not made in documents but
in
the hearts of men and women.
Thank you very much.
[Applause]
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THE CHAIRMAN (SEN. MARCOS). Thank you very much,
Father, for your position which I will encapsulate, that there
are
problems, as he has pointed out in the position paper, as to
the
participation of the MNLF in the entire peace process. And this
is a
point that has been made several times over the hearings and it
is an
important point that thein fact, even the OIC, the Organization
for
Islamic Cooperation, pointed it out that the MNLF must be
included in
all of these talks for it to succeed. They must be included
because
after all, they were the original organization which everyone
was
dealing with the Philippine government, the OIC and all its
member-
states and had come to two agreements with the Republic of
the
Philippines, namely, the Tripoli Agreement of 1976 and finally,
the
Jakarta Agreement of 1996.
So that is one of the more complicated problems that we are
having to deal with. How the BBL will operate in the context of
the
agreements of 1976, the Tripoli Agreement, and the Jakarta
Agreement of 1996.
Furthermore, Father Villanueva has pointed out that we are
beginning to inch towards the idea of federalism in this
country. To
recount a little bit of our history, there was alreadybaka hindi
ninyo
na naaalala pero noong Interim Batasang Pambansa, ang pagboto
ng
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mga Batasan members was by region. Papasok na tayo dapat sa
federalism. That was the original design. And so now, federalism
as a
concept, has begun to be discussed again in light of the
proposed
Bangsamoro Basic Law.
So we thank Father Villanueva for the points that he has
raised
and certainly, they are well-noted by the Committee.
To follow, with the position paper from the MNLF will be Mr.
Habib Mujahab.
Mr. Mujahab, if you would take the floor, please.
MR. HASHIM. Bis-mil-laa-hir Rah-maa-nir Raheem. Assalamu
alaikum wa rahmatullahi wa barakatuh.
Honorable Senator Bongbong Marcos, Governor Toto Sakur Tan,
Vice Governor Sakur Tan, honorable mayors of the municipalities
of
Sulu, my brothers in the MNLF, the Tausug brothers in Sulu,
our
brothers from the Armed Forces of the Philippines, thank you for
giving
us the chance to present our side.
At the outset, wed like to inform you, Honorable Senator,
that
the MNLF has been deliberately out--when the talks between the
MILF
and the Philippine government started as early as 2004. I think
it was
still Secretary Deles now who is the chief of the OPAPP and I
said that
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why not allow the MNLF representative to sit down in the
ongoing
talks, even as an observer only. I was advisedbhg
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MR. HASHIM. I was advised to contact the Malaysian
government and the Malaysian government, unfortunately, was
reluctant. I tried to contact some leaders of the MILF. The
reason was
that this is now the time for them to talk on the ongoing
peace
process. In short, we were actually deliberately forgotten in
the
ongoing peace talks. The framework agreement stipulates the
creation
of the Bangsamoro Republic in the five provinces, the present
core
areas in ARMM. These areas are covered by the Tripoli Agreement
of
1976 and the 1996 Peace Agreement. The MNLF and the MILF are
representing the same areas. There is, therefore, the conflict
of
governance and conflict of territory. This is our problem now
with the
passage of the BBL, which is now under consideration. It seems
to me
that the voice of the MNLF came too late. But with your presence
here
today, we hope that you would be able to protect the legacy of
your
late father, Ferdinand Marcos. He was the one who negotiated
with
the Moro National Liberation Front at the height of conflict
from 1998
up to 1974. If I vividly remember it right, your father sent
emissary, I
talked to the MNLF by saying that you could ask anything under
the
heat of the sun except independence. The demand of the Moros,
as
headed by the MNLF, was not for autonomy. Autonomy was given
to
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us by your late father which resulted in the signing of the
Tripoli
Agreement in 1976.
There were successive talks known as the Jeddah Accord of
1987
after the EDSA Revolution. I happened to be the chief negotiator
of
the MNLF but we had decided to call off the talks because of
the
apparent violation or non-committance on the part of the GRP
panel
headed then by Senator Pimentel and Ambassador Pelaez. They
offered to us the 10 plus 3 formula. When we tried to find out
what
is 10 plus 3, it is not actually 10 automatically given the
autonomy but
to be subjected to a plebiscite to be followed by another
three
provinces.
At this point, Honorable Senator, we are appealing to you
that
the MNLF notwithstanding the apparent abrogation of Republic
Act
1954 which created the ARMM, which actually is an implementation
of
the 1973 Jakarta Accord to do something, I hope that there is
still time
because we are faced with a dilemma, we are being excluded.
When
you say Comprehensive Agreement of the Bangsamoro, this is
misleading. Actually, it is not comprehensive considering the
fact that
the other stakeholders, especially the Moro National Liberation
Front,
are not included. There has been an initiative on the part of
the OIC
lately, the secretary general was trying to introduce some
provisions in
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the Tripoli and Jakarta Accord into the BBL. Unfortunately,
ourin the
MI refused and the government panel also refused. According to
Iqbal,
when we had a talk on the auspices of the OIC under thehe
said,
This is a done deal, we cannot do anything. Indeed, the matter
is now
before the Senate and before the House of Representatives.
In this connection, Your Honor, unless and until the
government
of the Philippines and the OIC and with the help of the Senate
and
Congress would be able to find a formula, Im afraid that theof
lasting
peace upon signing of the Bangsamoro Basic Law may not come
to
realization. Instead of lasting peace, Im afraid there will be
lasting
conflict in Mindanao not only in the Sulu area but the whole
of
Mindanao. Because Mindanao used to be a Moro land, this belongs
to
the Bangsamoro people. We had then a government. Long before
the Philippine government was even formed, we had a
government
which was sultanate in form and we had diplomatic relations with
the
emperor of China at that time.
So we would like to inform you that the Moro National
Liberation
Front irrespective of certain groupings is committed to the
legacy left
by President Ferdinand Marcos. So that is autonomy. We did not
ask
for autonomy but your father offered to us and we stand by the
Tripoli
Agreement. So the problem now is, will the
abrogration--abolition of
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the ARMM Law mean the abrogation also of the two previous
agreements?
I would like to state from the legal point of view that the
Tripoli
Agreement is an international law and per Constitution of
the
Philippines, it says that the Philippines renounces war as an
instrument
of national policy and adopt the policy of freedom, equality,
justice,
cooperation and amity with all nations. By abolishing ARMM, by
legal
implication, the two previous agreements will also be abolished,
then
our people, the Bangsamoro people headed by the Moro
National
Liberation Front and their final peace agreement will then be
abolished.
We would like to state here that we have no other
alternative.
We have to exercise our last option, and the last option is
independence.
Thank you.
THE CHAIRMAN (SEN. MARCOS). Thank you very much, Mr.
Mujahab.
Before you leave the microphone, I would just like to ask a
very
basic question. Mr. Mujahab, you have raised a point that has
begun
to surface, that has begun to come out during the hearings
especially
after the uprising in Zamboanga and some of the other actions
that
were taken, that were claimed by the MNLF in protest to the
continuing
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negotiations between the MILF and the government of the
Philippines
to the exclusion of the MNLF and as you say, to use your words,
the
abrogation of both the 1976 Tripoli Agreement and the 1996
Jakarta
Agreement. And so much of our work in the past few weeks has
been
to try to find a modus vivendi, a way of working so that we
continue to
respect and to recognize at the very least the Jakarta Agreement
of
1996, would you have a suggestion as to how we can have the
BBL
operate within the context of the agreements that the MNLF
has
already signed with the government of the Philippines?
MR. HASHIM. Thank you, Your Honor.
We have two alternatives here. One is to go back to the
original
Region IX and Region XII, and that is Region XII be given to the
MILF
with the condition that they will protect the MNLF in the area;
Region
IX, that includes Zamboanga Peninsula, Basilan, Sulu, Tawi-Tawi
and
some parts of Palawan for the Moro National Liberation Front, if
that
will be offered and perhaps we could talk to our brothers in the
MI and
the LGUs, the different governors in the area.
Another option, Your Honor, is assuming--and I believe
that/imee
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MR. HASHIM. and I believe that come what may, the BBL will
be passed even on its watered-down version. So there will be a
future
Bangsamoro entity. So in a way, this will go through the
plebiscite, so
I have talked to the OIC and even to our brothers in the MILF
that
whatever areas will vote in favor of the future Bangsamoro
entity, they
will just concentrate on their own respective area and they
should not
go beyond. And in this connection, I am respectfully suggesting
that
certain provisions on the BBL which says that 10 percent of a
certain
locality outside of the core area can petition and join in. So
we hope
that this be deleted from the BBL. We cannot do anything for
BBL
now, and the matter is now for Congress and the Senate. And
with
due respect, it seems that our good President Benigno Aquino, is
close
to the idea really of including the MNLF on the ongoing BBL and
also in
the establishment of the future Bangsamoro entity.
So again, Excellency, Your Honor, please, why not go back to
the
old Regions IX and XII of your late father? There was relative
peace at
that time. We were not at war with each other. Only the problem
now
is of course my good friend Lobregat is saying. But on this
line, Your
Honor, this is a legal move because Regions IX and XII and
Region IX
came to exist by virtue of a plebiscite conducted.
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Now going back to the second option of the remaining
provinces
outside the core area, 10 provinces, and that is, again, legal
because
based on the Tripoli Agreement, 13 provinces has been given
autonomy. Now, 15 provinces. Assuming they will get five
provinces,
I hope they will not get five provinces. We are opposing BBL
especially
from BaSulTa. Assuming they will get that, then why not
establish
another autonomous area outside of the core area of the
Bangsamoro
entity for our people, the Christian, the Muslims and the
highlanders,
of course to be managed for the firstat least for the interim
period of
say, three years, by the Moro National Liberation Front because
the
Moro National Liberation Front has been fighting for the rights
and
welfare of our people. When we say, Your Honor, our people,
that
includes the non-Muslims residing therein.
THE CHAIRMAN (SEN. MARCOS). Thank you, Mr. Mujahab.
So the first proposal that you have made is essentially that
we
will return to the structure as was established after the
Tripoli
Agreement
MR. HASHIM. Yes.
THE CHAIRMAN (SEN. MARCOS). where we have two
regions that are considered autonomous.
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The second position that you take is the establishment of
the
Bangsamoro core territory. One, that the so-called opt-in
mechanism will be removed.
MR. HASHIM. Yes.
THE CHAIRMAN (SEN. MARCOS). I think that most of us in
Congress agree with you on that score.
And secondly, that there be a study, at least, of how we may
establish another autonomous region so that we can be under
the
auspices of the MNLF. Am I correct, Mr. Mujahab?
MR. HASHIM. Yes, sir. Yes. Yes.
THE CHAIRMAN (SEN. MARCOS). Very well.
MR. HASHIM. Thank you.
THE CHAIRMAN (SEN. MARCOS). Thank you very much.
Thank you for your presentation.
MR. HASHIM. Thank you, sir.
THE CHAIRMAN (SEN. MARCOS). I will not take any
questions until all of the resource persons have spoken.
Im sorry. I have to, otherwise we will have questions on
every
speaker and we might not get to the last one.
Im sorry. Please be patient with me. We will open the Floor
later on.
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Before I proceed, I would like to acknowledge the presence
of
the spokesman of Sultan Esmail Kiram, the Sultan of Sulu and
North
Borneo, Abraham Idjirani who is here and he will also be
presenting a
position later on.
Can you still hear me?
Okay. Can you still hear me in spite of the rain? Yes? Okay.
Then we will proceed.
I would like now to call on Professor Abubakar Mohammad of
the
Moro Reform Movement to present their paper as has been
forwarded
to the Committee.
MR. MOHAMMAD. Assalamu alaikum wa rahmatullahi wa
barakatuh.
I was at the library of the University of the Philippines
sometime
in 1973 and I had a chance to look into the newspaper a report
on a
meeting at Malacaang presided by the late President Marcos in
the
presence of his Cabinet members and the generals.
The late President asked how long it would take the
Philippine
government to subdue the MNLF rebellion in the Southern
Philippines.
The late Commodore Hernandez answered it will not take more
than
three months.
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Then I heard also at the same university some Tausug talking
as
to the whereabouts of brother Nur Missuari. And I heard them
talking
that Professor Nur Missuari said that it would not take more
than five
years for the moros to declare independence.
More than four decades ago today, look what is happening in
Sulu and throughout the Muslim areas in Mindanao, Palawan or
even
Sabah.
Now what we are doing here is really telling, Your Honor, as
to
what should be done so as to end this war. The Bangsamoro
people,
the Tausug in particular, have been suffering from the holocaust
of war
since the capture of Malacca by the Portuguese in 1511. The
Spaniards, the Americans, the Japanese, until today we are
suffering
from the vestiges of colonialism.
Aside from graft and corruption in the ARMM or even
throughout
the Philippines, as evidenced by those who are in jail on the
basis of
President Aquinos sincerity in the pursuit of justice, peace
and
development. Good. But the question is, for how long well be
going
on suffering under this/cbg
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MR. MOHAMMAD. suffering under this predicament? Good! I
hopeI agree with the MNLF Mujahab. Well, what chance
Bongbong
has to become president? [applause] And continue the work of
his
great father. The Tripoli Agreement, Carmelo Barbero who was
then a
Defense undersecretary was sent by the late president to Libya
to sign
with Brother Nur the so-called Tripoli Agreement in 1976. But we
all
know what happened. Until today we are quarreling as to
whether
this Agreement shall be on the basis of the Tripoli Agreement,
Republic
Act 6734 or Republic Act 9054whats in a name, in the first
place?
Your Honor, what is important to us, what matters most
especially to
the Tausug is that the peace, the justice, the development
they
deserve even under democratic system of government shall be
given
to them. You know Nur Misuari, brother Nur Misuari founded the
MNLF
in 1968 on the basis of his revolutionary or political
hypothesis that the
Muslims, the Moros, the Bangsamoros cannot hope to develop
themselves so long they lead under the aegis of what he then
called,
the Manila colonial government. Because according to him,
Manila
government will continue neglecting, discriminating against
the
Bangsamoro people. But now it is good. This development
concerning sharing of wealth, sharing of power let alone
normalization
for the meantime. What resources shall be shared? What power
shall
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be shared? And by whom? The would share the resources and
the
power, Your Honor? Or only the elites of Manila and the
generals?
Brother Nur has been going around the world telling people that
he will
bring to the Hula, Agama, and Bangsa. From 1968, not
reckoning
time from the founding of the or Islam. And almost half a
century,
but look at Allah, my native community. Look at Takut-Takut,
my
neighbor in Tulay and Busbus.
THE CHAIRMAN (SEN. MARCOS). Professor, please make
your comments in either English or Filipino only because the
people
doing the transcription will not speak the local
MR. MOHAMMAD. Okay. Yes. Your Honor, I oblige. Now,
Your Honor, what is important here is that PNoy is committed to
give
justice, peace, and development to all Filipinos including, of
course,
the Bangsamoro people, the Tausug, who are, shall we say, still
part
and parcel citizens of the Philippines. But only sad to note,
Your
Honor, just this morning when I came here I met some friends who
are
sympathetic still with Brother Nur. And he told me that the
great
majority of the Tausug leaders have gone to the office of the
Provincial
Governor, Abdusakur Tan II, who informed the governor that,
Sorry,
they are opposed to the signing of the BBL by Congress, Your
Honor.
Because they said that the powers that be, could it be the
Aquino
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11:24 a.m. 3 administration, who denied them the right to
representation? I asked
them, Well, the people from the ARMM have been here talking
about
BBL. Dont tell me you were not informed as to what is in the
BBL.
But I tell you, my friends, ladies, and gentlemen, especially
those of
you who do not know how to read or speak English, it would be
very
hard to understand the BBL, Your Honor. Even I, I only lack
two
subjects to finish my Ll.B., at the I could hardly understand
what is
in the BBL. But here, I will just tell you this to make the
story short,
please see to it that the provisions in the BBL shall afford
the
Bangsamoro justice, peace, and development which they deserve
even
under the Constitution of the Philippines which if implemented
shall be
down to giving justice to the Bangsamoro people, to the Moros,
to the
Muslims especially the Tausug.
Thank you very much. [applause]
THE CHAIRMAN (SEN. MARCOS). Thank you very much,
Professor Abubakar Mohammad.
Again, to recapitulate, I believe that in the view of the
Professor,
the BBL, he is in favor of it. But, again, with some
adjustments, but in
the end, essentiallyplease correct me if Im wrong, Professor
essentially, you feel that the BBL will be a solution to bring
peace to
Muslim Mindanao.
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MR. MOHAMMAD. Sa palagay ko, Your Honor, in the word of
Erich Fromm, ang problema parang characterological. Kaya nga
sinabi
ko na kay Colonel Arujado (?), Sir, sa palagay ko ang problema
dito
sa Sulu hindi lang military. Pero attitudinal,
characterological, et
cetera, et cetera. There are many doctors here and other
Muslim
professionals who are, I think, more knowledgeable of history
and
English than I am. Although sometimes I say, Wala nang mas
marunong sa akin, Mr. Senador. Pero I realized marami talaga
itong
mga bright people. Only sometimes they do not come out and
speak
of what they have in mind relative to what is obtaining in our
area of
responsibility.
Thank you.
THE CHAIRMAN (SEN. MARCOS). Thank you, Professor.
Thank you for your passionate presentation on the subject.
I think next to speak will be from the Council of Royal
Datus,
Datu Albi Julkarnain, to present a position of the Datus who I
believe,
if Im not mistaken, this may be one of the first opportunities
for the
datus to weigh in on the subject of the BBL.
So, Datu Julkarnain, you have the floor.
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MR. JULKARNAIN. Honorable Senator Ferdinand Marcos, Jr.,
Honorable Governor Abdusakur Tan II, Honorable Vice Governor
Abdusakur Tan, distinguished guests/mrjc
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11:34 a.m. 1 MR. JULKARNAIN. distinguished guests, ladies and
gentlemen.
I am representing the voice of the royal datus and families
and
other adherents of the Sultanate of Sulu.
As you have observed, Honorable Senator, all these people
presenting talks about their opinions but I have never heard
talking
about Sulu Sultanate when, in fact, Sulu Sultanate is known
internationally. So it is really because maybe that Sulu
Sultanate is
not given any chance to talk before a forum like this. I will
not talk
further but I have prefer to read our petition.
This petition is from the royal concernedI repeatconcerned
royal datus, royal princesses, dayang-dayangs, sharifs,
traditional
leaders, religious leaders and adherents to the honorable
members of
Philippine Congress to exclude the historical statehood realm of
the
Sultanate of Sulu and North Borneo from the administrative
jurisdiction
of proposed Bangsamoro juridical entity as stipulated in the
draft
Bangsamoro Basic Law.
Whereas, we, the royal datus, royal princesses, sharifs and
other traditional leaders of the Sultanate of Sulu and North
Borneo,
without any element of coercion, degree of influence or iota
of
pressure from any individual or institution, hereby collectively
and
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11:34 a.m. 2 solidly exercise our rights to free expression and
self-determination to
petition the honorable members of the Philippine Congress to
exclude
our ancien de jure and de facto monarchical state from the
proposed
core territory as stipulated in the draft of Bangsa Basic Law
for the
following reasons and justification:
(1) Even before the advent of the United States of America
on
July 4, 1776 and the Republic of the Philippines on July 4,
1946, the
Sultanate of Sulu and North Borneo was already an
internationally
recognized, independent and sovereign monarchy having been
founded
based on the Koranic doctrine of statehood by Sayyed
Abubakar,
otherwise known by his regal name as Sultan Sharif Ul-Hashim,
its first
sultan enthroned on November 17, 1405, according to the
latest
historical document.
No. 2 justification: The Sultanate of Sulu had never been
concurred and colonized by any foreign power as acknowledged
and
confirmed by no less than the United States of America as
evidenced
by the treaties it entered into with the Sultanate such as the
Bates
Treaty of August 20, 1899 which stipulated under Article 1 in
its Arabic
text which states, The support, the aid and the protection of
Sulu
islands and archipelago are in the American nation. The United
States
even agreed and recognized the government of the Sultanate of
Sulu.
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11:34 a.m. 3 The Carpenter Agreement is another document attesting
to the fact
that Sulu Sultanate was still sovereign until 1914.
The abrogation of Bates Treaty was premised upon other
matters that the de jure sovereignty of sultan who subsequently
have
not lost neither by conquest nor otherwise relinquished so far
as
concerned to internal affairs of the government of Sulu
archipelago on
March 22, 1915.
It is further attested by internationally renowned and
respected
historian and author, particularly book authored by George A.
Marcum,
entitled The Government of the Philippine Islands, published in
New
York in 1916, reads, Sulu Sultanate remained practically
independent
for 425 years. Its decline was not caused by national
recognition(?) or
political dimensions but by hostility, aggression of its
diversity. The
which was Sulus resistance with Spanish domination of their
opposition and bravery in battle in their obstinate passive
resistance in
peace battled all Spanish effort to subvert their political
organization
or gain a simple without paying too dearly for it.
The Sulu Sultanate in North Borneo, despite the fact that it
never fell under the sovereignty of the crown of Spain by virtue
of
conquest or other modes of territorial acquisition and,
therefore, was
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11:34 a.m. 4 not colonial possession, was sold and ceded by Spain
to the United
States being the best victor of the Spanish-American regime.
As tragic consequence of the illegal sale and cession of
Sultanate of the Sulu in North Borneo, the United States by
Spain, the
Americans took possession of this territory starting May 19,
1899. And
shortly after, joined it arbitrarily with the Sultanate of
Mindanao to
form a military district and later on, was organized as a Moro
Province
by virtue of the Philippine Commission Act 781 in June 1901.
In 1924, a petition was addressed to the United States
Congress
by the delegation of Sulu sultan and royal datus during their
visit to
Governor Wood Misson(?). The United States Congress placed it
on
record, a declaration of rights and purpose.
On July 4, 1946, when the Philippines was granted self-
government by virtue of the Tydings-McDuffie Law, the Sultanate
of
Sulu and North Borneo, despite the petition of Sulu sultan and
the
prominent Muslim leaders of Sulu to the Congress of the United
States,
our monarchical states was finally incorporated to the body
politics of
the Republic of the Philippines and became a part of the
national
territory by virtue of the December 10, 1898 Treaty of
Paris.
Whereas, the Sultanate of Sulu in Borneo was accorded the
political status of the United States protectorate under the
Bates
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11:34 a.m. 5 Treaty of 1899, confirming the treaty of 1878 between
Spain and
Sultanate of Sulu. The United States granted to give the
Muslim
inhabitants of Sulu archipelago their independence-homeland.
Whereas, notwithstanding all the aforecited political
injustices
and inequities committed against us, the royal datus, the
royal
princesses and other traditional leaders, adherents with the
full
awareness of our de jure proprietary rights and sovereignty over
our
ancient monarchical states based on a doctrine of nobility and
royalty,
particularly on the principle of juris sanguinis or right of
blood which is
perpetual irrevocable, we remain uncomplaining, law-abiding
passive
and thereby resulted to the use of force and violence against
the
Republic of the Philippine to reclaim or restore our historical
statehood
ever since we were unjustly disposed of our independence,
sovereignty
and sacred homeland.
Whereas, now, with the eminent passage of the Bangsamoro
Basic Law, the Sultanate of Sulu and North Borneo faces the
most
demeaning and unfortunate prospect of being reduced to just
a
political subdivision of a new political entity which has no
factual and
legal foundation in history relevance to the Sultanate of Sulu
and North
Borneo. It would be a terrible relegation and gross violation to
our
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11:34 a.m. 6 political heritage and its historical prominence and
distinction as the
first sovereign nation/bhg
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a.m. 1 MR. JULKARNAIN. as the first sovereign nation that was
ever established in this part of the globe if we just accept
tragic
destiny as mimic and subservient as a lamb, whereas we
earnestly,
solemnly and respectfully petition the Congress of the
Philippines for
the exclusion of the ancient realm of the Sultanate of Sulu and
North
Borneo from the territorial jurisdiction of the proposed
Bangsamoro
political entity as envisioned in the draft Bangsamoro Basic
Law. It is
our collected desire and preference that the Sultanate of Sulu
and
North Borneo be created by another act of Congress as
another
autonomous region separate from the ARMM. This will be most
wholeheartedly welcome and eternally appreciated by the
inhabitants
of Sulu archipelago in the interest of permanent peace and
fulfillment
of political aspiration of certain nation.
Now, therefore, we fervently pray for the Almighty God most
gracious and most merciful that the honorable members of the
Philippine Congress will act judiciously and magnificently on
the
petition in the name of justice, liberty, peace, democracy in
our
fundamental universal and inalienable human rights through
self-
determination as enshrined and guaranteed in the Universal
Declaration on Human Rights promulgated and approved by the
United
Nations.
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a.m. 2 Thats all, Your Honor, Senator.
THE CHAIRMAN (SEN. MARCOS). Thank you very much, Datu
Julkarnain.
Again, to recapitulate the essential proposal that you are
making
is that the Sultanate of Sulu and North Borneo be excluded from
the
proposed Bangsamoro core territory and that instead a
separate
autonomous region be created to include the Sulu archipelago
and
North Borneo. Am I correct in my understanding?
MR. JULKARNAIN. Yes, Your Honor.
THE CHAIRMAN (SEN. MARCOS). Thank you very much,
Datu.
I would just like to ask a very quick question. You have in one
of
your paragraphs that this petition be officially furnished His
Excellency,
the president of the United States through the ambassador of
the
United States to the Philippines, has this been done? Have
you
transmitted this petition to the--?
MR. JULKARNAIN. Not yet, Your Honor, because we are
waiting for your advice. Why we are doing this? Because the
United
States was part of destroying the institution of Sultanate of
Sulu and
maybe by this time they will realize their mistakes. But if you
will not
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a.m. 3 give any advice today, then we are going to proceed sending
the copy
of this petition to the United States ambassador
THE CHAIRMAN (SEN. MARCOS). Actually, I was going to
offer to bring your petition to the ambassador of the United
States to
be transmitted to the president of the United States, if you so
agree.
MR. JULKARNAIN. Thank you very much.
THE CHAIRMAN (SEN. MARCOS). Thank you, Datu
Julkarnain.
I think since we have started on the subject of the Sultanate
of
Sulus role in history and the evolution of this entire
situation, I think it
is time that we hear from the secretary general of the Sultanate
of
Sulu and North Borneo, Abraham Idjirani. He is today the
spokesman
of Sultan Ismael Kiram II.
So, Secretary General, if you would now please take the
floor
and please present the position that you have transmitted to
the
Committee.
MR. IDJIRANI. Thank you very much, Your Honor.
The honorable Senator Ferdinand Romualdez Marcos; the
honorable governor of Sulu, Abdusakur Toto Tan; the honorable
vice
governor, his father, Hadji Abdusakur Tan; honorable
Congressman
Lagdameo; members of the local government units of the Province
of
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a.m. 4 Sulu; members of the Bangsamoro Transition Commission;
representatives of OPAPP; representatives of the Office of
the
Executive Secretary, Assalamu alaikum wa rahmatullahi taAllah
wa
barakatuh.
Your Honor, we appreciate your presence today. This is a
landmark and historic event facilitated by the honorable
Governor
Abdusakur Toto Tan and the honorable Vice Governor Hadji
Abdusakur Tan.
At the outset, Your Honor, may I strongly suggest in view of
the
fact that you now consider the historical background which,
unfortunately, under the BBL, the historical background was not
the
basis of formulating the issue for a separate Senate committee
hearing
in Manila inviting all the sultanates and the royal families in
the
province of Sulu, including Sultanate of Maguindanao who--I can
attest
to the fact that during the sultanates meeting in Maguindanao,
the
Sultanate of Maguindanao was the first to oppose for the signing
of
their endorsement regarding the Bangsamoro Basic Law.
Therefore, Your Honor, again I would like to reiterate
inasmuch
as your presence resembled that of history when only your late
father
was the only president, except President Diosdado Macapagal,
who
willingly invited the royal families comprising the descendants
of late
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a.m. 5 Sultan Ismael Kiram I, of the late Sultan Punjungan Kiram
and other
nine principal heirs for a Malacaang meeting in order to resolve
the
issue of Sabah which, unfortunately, became the prelude of
the
Mindanao conflict.
Your Honor, the BBL is drafted in haste. History reminds us,
Your Honor, that upon the signing of the December 10, 1898
Treaty of
Paris, the same political mode was adopted when Mindanao, Sulu
and
Palawan was ceded unfortunately by Spain to the United States
of
America. Today, 100 years, 110 years later, our brethren
from
mainland Mindanao is now chartering the future destiny of the
Bangsa
Sulu people. These Bangsa Sulu people, Your Honor, are the
Tausug,
the Sama Bangingi, the Sama Tawi-Tawi, the Sama Laut, the
Jama
Mapun, the Iyakans and other highlanders that are inhabitants of
the
Sulu archipelago. And this, Your Honor, since the position of
the
Sultanate is anchored on historic basis which unfortunately the
BBL
failed to realize the historical importance, then we appeal to
you to do
consider it, to rectify the historical betrayal of the
historical truth of the
Sultanate of Sulu.
Your Honor, there are various concerns of the Sultanate in
behalf
of the Bangsa Sulu people in the archipelago of Sulu. But I
would like
to emphasize, Your Honor, that the leadership of the province of
Sulu
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a.m. 6 like the local government units of Sulu and the Sultanate of
Sulu are in
one with the Filipino people in the search for peace and
unity.
However, Your Honor, the only difference that the mode that we
would
like to achieve is different from that of the MILF and,
therefore, we
appeal to the national government/imee
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a.m. 1
MR. IDJIRANI. to the national government never, never to
consider us as spoiler of peace insofar that we cannot agree
with the
modes now drafted in the BBL.
As I have emphasized in the position paper, Your Honor, we
have
submitted for your perusal, allow me to cite the first
opposition of the
Sultanate of Sulu.
First fact of the opposition, Your Honor, of the Sultanate of
Sulu
is what is the reason why there is a change of the historic name
of
Sulu Sea to Bangsamoro Water? If we again look back at history,
Your
Honor, the Sulu Sea is a name Laut Sulu, recognized even by
ancient
historian of China because it is a vast sea that shielded the
sovereignty
of the Sultanate of Sulu in the middle of the Sulu Sea. And
because of
that recognition, Your Honor, including the Governor of Sulu and
Vice
Governor of Sulu and the honorable member of Congress in the
person
of Congressman Lagdameo, the Sultanate of Sulu then the East
King(?) of Sulu, entered into a treaty with China in the status
of an
independent tributary state. In the position of the Sultanate of
Sulu
and the Bangsa-Sulu people, Your Honor, this will strengthen
the
position of the future of MILF-led assembly to come up with a
legal
measure for the purpose of dropping the Sabah claim unless,
otherwise, Your Honor, the MILF will use rightly the definition
of the
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United Nations Convention Law of the Sea which occupies more
than
200 nautical miles. Now if that definition of UNCLOS under
the
initiative of the Bangsamoro people will be wrongly used by the
MILF,
it will redound to the political advantage of the Malaysian
Federation.
Your Honor, the second position which we would like to
emphasize here is Article VI, Section 5 of the BBL.
We consider this provision of the BBL as abandonment of
events
in history whose historic and legal significance towards
treating and
recognizing the status of the former royal sovereign leaders of
the
Sultanate in the BBL may have the political influence and
direction of
external nations.
The precise objective, Your Honor, of the BBL on Article VI,
Section 5, on the council of leaders failed to satisfy leaders
of the
Sultanate institution and their constituents aspiring for
transparency in
consonance with the requirements in a parliamentary form.
Your Honor, if you allow me to bring your attention to the
government affairs of Sabah. In Sabah, Malaysia, for instance,
Your
Honor, in regard to the council of leaders, recognize the
ketua
kampung. The ketua kampung is responsible for resolving
issues
affecting their community.
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Now, the function of ketu kampung, Your Honor, may not be
the
same as that of the council of leaders to be drafted in the BBL
but it
has to define who are these council of leaders in order, for
instance, if
the BBL wishes to involve the participation of the sultanates in
the
archipelago of Sulu in a private capacity, then it would
provide
enhancement of cooperation in protecting the territorial
boundary of
the Sulu archipelago which I believe the Honorable Governor of
Sulu,
Abdusakur Toto Tan, and the Vice Governor of Sulu, Hadji
Abdusakur
Tan, would not like the future generations to shoulder the high
cost of
defending national territories and boundaries.
For this, Your Honor, let me go to the third fact of opposing
the
BBL on the part of the Sultanate of Sulu. Article VII, Section 5
of the
BBL on Classification and Allocation of Seats. Now, to us, Your
Honor,
to the Bangsa-Sulu people in the archipelago of Sulu who are
marginalized by the 40 years of conflict, would like to appeal
to Your
Honor because this provision, if not rectified, would undermine
the
weak, the poor, and the least affluent candidate seeking a seat
in
public office.
Your Honor, if the BBL intends to establish a parliamentary
system, then the allocation and classification of seats must
be
patterned like that of Great Britain and Northern Ireland
whereby, Your
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Honor, there is a House of Commons, the assembly to elect for
the
Prime Minister or Chief Minister, and the House of Lords whereby
it is
well represented by the sullied, by the datus, and other
royalties be
given the chance to participate in chartering the destiny of
the
Philippines. Because, Your Honor, if the BBL would not consider
that,
that is not aimed to establish a regional goal, a long-lasting
regional
goal. That is why, Your Honor, in the view of the Bangsa-Sulu
people,
please let the national government analyze that the BBL should
not
become an alternative, as they say, for war because if that is
the
consideration of our national government, then the policy of
national
government is only an appeasement policy, whereby it will not
attain
national lasting goals in our part of the Republic of the
Philippines.
Your Honor, the third fact is about Article VIII, Section 2 of
the
BBL which emphasizes the appointment of Wali. In the Bahasa,
Tausug, Your Honor, wali is an implied consent of a father or
kaus
bahan meaning, side from the father side to give consent so that
his
daughter could be wedded to the groom of another father.
Now, considering, Your Honor, the diversities of custom and
tradition, it needs to clarify what wali is, otherwise the BBL
might be
pointing out to a non-sultan of the Philippines. In order that
by
pronouncement of the title of the Chief Minister or a Prime
Minister,
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thats the only time that his function and powers can be
officially and
legally considered.
Fifth fact of opposing the BBL, Your Honor, which I need not
to
emphasize more because it is in the position paper that we
have
submitted to you, why the MILF-led BBL did not tackle the
socio-
economic conditions, political status, and present predicament
of
Filipino refugees in Sabah? Is it the dictation of external
forces, Your
Honor?
Now, I need not explain more because there are many speakers
which also the explanation is found in the position paper we
have
submitted to your secretariat, copy furnished the office of
the
Governor including different embassies which we, if we return
to
Manila, we will provide all, the position paper of the Sultanate
to be
submitted and delivered personally by the Secretary General to
the
different embassies.
THE CHAIRMAN (SEN. MARCOS). But, Secretary General, I
think for the enlightenment of those who have not read the
position
paper, please expand on the fifth fact wherein the social
economic
conditions/cbg
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THE CHAIRMAN (SEN. MARCOS). social economic
conditions, and the political status of those Filipino refugees
in North
Borneo has not been attended to by the BBL, so perhaps you
could
give us at least a short overview.
MR. IDJIRANI. Your Honor, if I may read in toto. The
Sultanate viewed the abandonment of the state of affairs of
the
refugees as an act of betrayal to the refugees social, moral,
and
spiritual responsibilities by Muslim leaders who put responsibly
their
state of affairs in their present predicament after the eruption
of the
war in Mindanao and the Sulu Archipelago areas.
Now, Your Honor, in the position paper that we have
submitted
to you, the pictures are all there. Because we would like that
what
the Sultanate of Sulu, in behalf of the Bangsa Sulu people,
is
submitting to you now is supported by evidence. Therefore,
Your
Honor, with the ongoing Malaysian act of deporting the
Filipino
refugees, this is the subject of the letter that the Sultanate
of Sulu had
submitted to Malacaang, but Malacaang pronounced it lost in
the
bureaucratic mess. Because in that letter, Your Honor, of 2012
we
requested the new president of the Republic of the Philippines
for the
creation and establishment of their Sabah Refugee Commission so
that
if there are situations like this in the future to come up, the
President
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12:04 p.m. 2 of the Philippines need not anymore advise for the
creation of an
interagency committee undertaking composed of different
government
agencies. But the institutionalized institution regarding taking
the
welfare and conditions of the Sabah refugees would be taken
care
immediately. Now, that is the reason, Your Honor, of our
question why
the BBL did not include in tackling this issue.
Now, as I said, Your Honor, I would also like to give space
for
the other speakers.
Lastly, the six facts of opposing the BBL is the concurrence of
the
government of the Philippine panel to agree for the inclusion of
the
Sulu Archipelago comprising Basilan, Sulu, and Tawi-Tawi under
the
coverage of the CAB and FAB is a wanton violation, Your Honor.
Under
the political concept of a trust territory under the United
States
protectorate status incorporated by the United States of America
into
Philippine Commonwealth in 1935.
The protectorate status of the Sulu Archipelago which we
would
like to emphasize, Your Honor, is still in effect considering
that upon
the inclusion of Mindanao, Sulu, and Palawan into the
Philippine
Commonwealth in 1935, the sole agreement that carried the
moral
obligation of the United States government until now under the
1915
Kiram-Carpenter Agreement was not abrogated upon the inclusion
of
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12:04 p.m. 3 Mindanao, Sulu, and Palawan. That is why in the
conversations we had
with the governor of Sulu who is loyal to the Constitution of
the
Philippines, I brought up the idea this might be the cause for
the
balkanization of Mindanao, Sulu, and Palawan if the BBL fail to
address
this problem.
Because, Your Honor, lastly, the transfer of this territory
under
the complete governance of BBL of the MILF without transparency
is
unacceptable, not only to the MNLF, but to the entire
inhabitants of
Basilan, Sulu, and Tawi-Tawi. For this reason, Your Honor,
the
Sultanate of Sulu proposes that you consider yourself to be
the
president of the next Republic of the Philippines.
Thank you very much. [applause]
THE CHAIRMAN (SEN. MARCOS). Thank you very much,
Secretary-General Idjirani, not only for your very eloquent
presentation, but also for your expressions of support which we
will
have to attend to at a later time.
Again, to recapitulate, the essential points that were made
by
Secretary-General Idjirani has been that he emphasizes the point
that
the Sultanate of Sulu and North Borneo should not be included in
the
Bangsamoro core territory, and again that there be again a
separate
entity created for the Sultanate of Sulu recognizing the
historical
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12:04 p.m. 4 prerogatives that have been recognized bynot only
Spain, but the
United States and, subsequently, the Republic of the
Philippines. That
is a point again that has been made not only by previous
speakers but
also in other hearings. Just for the information of all of
those
because there has been an observation that in the process of
negotiating the comprehensive agreement and the framework
agreement, and finally the drafting of the BBL, the Sultanates
were not
consulted at any point in the process. And to remedy the
situation, I
have scheduled on May 18 a hearing specifically dedicated to all
the
Sultanates and I would like to remind them of our invitation to
come to
Manila to bring their opinions to Congress so that we can say
thatI
beg your pardon. I was just informed that I have misspoke, hindi
pala
May 18, May 25. May 18 is, in fact, the hearing that is
dedicated to
the MNLF. So these are the two hearings that are going to be
following
our hearings here and in Zamboanga. And so, please, all of those
who
have something to say, and have an opinion to express are
invited to
do so in those hearings.
Once again to return to the position paper of
Secretary-General
Idjirani, the plight of Filipino refugees in Northern Sabah is
also a point
which has been made, and I have to agree, and I have to accept
that
this is the first time that an advocacy has been made
specifically for
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12:04 p.m. 5 those Filipino refugees who, at this moment, are still
in limbo in terms
of their status, and in terms of their lives, as their lives
have been put
on hold. And the policy of Malaysia towards them has not really
been
clarified. So I think that is essentially what the
Secretary-General had
hoped to communicate, and the Committee has heard your opinions
as
representative of the Sultanate of Sulu. We will once again
speak
during the hearings in Manila.
Thank you very much, Secretary-General, for your
presentation.
I would like now to call on the next group that would like
to
present a paper from the Tausug Active Youth Organization,
Incorporated. Could I call on now Timonthy Ijiran to take the
floor and
present their position paper. [applause]
MR. ISMAEL. assalamu alaikum warahmatulahi wa barakatuh.
On behalf of Mr. Timothy Ijiran, I am Aljiber Ismael, vice
president of Tausug Active Youth Organization, Incorporated.
Your Honor, and members of the Senate committees, maraming
salamat po sa pahintulot makapagbigay ng pahayag/mrjc
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12:14 p.m. 1 MR. ISMAEL. makapagbigay ng pahayag at mabigyan ng
pagkakataon ang kabataan tulad namin na maging bahagi ng
anumang
hakbang na magbubukas sa bagong daan tungo sa hinaharap na
hindi
lamang sa Sulu kundi sa buong rehiyon ng bansa.
And we have said, Your Honor, that the youth are the
inheritors
of the future. In such as we hope that we can have the
opportunity
that leaves even merely a glitter the future will be good in
just for us
in posterity.
The young generation of Sulu hopes to be given a that lies
ahead in keeping in a view and concerns in security and
interruption
education of job opportunities and development of skills in lieu
of a
formal education and a freedom to be who we are and proud to be
a
young Tausug.
And turo ng karanasan ay nasaksihan o naipaalam sa amin
pagkalipas ng unang peace agreement ng 1996. Ang mga naulila
sa
digmaan o the orphans of war in search for peace in their
father,
brother, uncles have shed the lives for they realized. Ang
kinahantungan po nila ay ang pagsanib sa mga armadong kilusan
na
hindi dahilan na wala silang malilingon o mag-aaruga sa kanila.
Ayaw
po namin, Your Honor, a similar fate awaits our generation--the
next
generation of youth after us.
59
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON
PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL
AMENDMENTS AND REVISION OF CODES BRHGonzales III-3 May 13, 2015
12:14 p.m. 2 Maraming salamat po.
Mayaman po ang Mindanao at sana po ang yaman na iyon ay
matitikman namin, Your Honor. And give us the peace thats just
fair
and comprehensive; peace that is similar to the sun that
never
chooses where the shades and lights to be
It is no less than the recognition of supreme law that the
land
recognize the vital role of the youth in the nation-building
enshrined in
1987 Philippine Constitution, asserting our constitutional
right,
participate in public and civic affairs. The Tausug Active
Youth
Organization Incorporated, Securities and Exchange
Commisstion--
registered, and National Youth Commission--registered
activated
consortium of youth organization in Sulu.
Wed like to submit to the Senate committees, we are able to
submit a position on the inclusion of the youth sector
representative in
a Bangsamoro parliament to provide in a proposed Bangsamoro
Basic
Law. We strongly believe that there is no lack of talent or
passion to
serve among Filipino youth, only we s