BBL IN SENATE | Public Hearing in Zamboanga, May 14, 2015

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 : Thursday, May 14, 2015 TIME : 10:00 a.m. VENUE : Royce Convention Hall, Grand Astoria Hotel,

Zamboanga City 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 SENATORS PRESENT:

Hon. Ferdinand R. Marcos Jr. - Chairman, Committee on Local Government Hon. Alan Peter S. Cayetano - Majority Leader; Ex Officio Member

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES Page 2

GUESTS/RESOURCE PERSONS:

Hon. Antonio F. Lagdameo Jr. - Representative, 2nd District, Davao Del Norte

Hon. Celso L. Lobregat - Representative, 1st District, Zamboanga City

Hon. Lilia M. Nuo - Representative, 2nd District, Zamboanga City

Hon. Jum Akbar - Governor, Province of Basilan Hon. Maria Isabelle Climaco - City Mayor, Zamboanga City Hon. Cesar Iturralde - Vice Mayor, Zamboanga City Hon. Roderick Furigay - Vice Mayor, Lamitan Basilan BGen. Carlito Galvez - Deputy Commander for Peace Process

Western Mindanao Command Armed Forces of the Philippines (AFP)

Hon. Jose Lorena - Undersecretary, Bangsamoro Peace and Development, Office of the Presidential Adviser on the Peace Process (OPAPP)

Atty. Al Julkipli - OPAPP Mr. Abdulla Camlian - Commissioner, Bangsamoro Transition

Commission (BTC) Ms. Raissa Jajurie - - do Mr. Talib Benito - - do Mr. Pedrito Eisma - - do - Atty. Gian Paulo Enriquez - President, Integrated Bar of the

Philippines (IBP), ZamBaSulTa Chapter

Atty. Emilio Aquino - IBP, ZamBaSulTa Chapter Mr. Loderson Mahir Gustaham - Chairman, Peace Security and Security

Ulama Council, Zamboanga Peninsula Mr. David Alonzo - Archdiocese of Zamboanga Mr. Rico Pelandoc - Iranon Sultanates League of the

Philippines Mr. Shariff Mohsin Julabbi - MILF Bangsamoro Mujahideen Alliance Mr. Pocholo Soliven - Regional Development Council Mr. Abdul Baqui Sandag - Indigenous People Council of Leaders Mr. Ismael Musa - Member, Sangguniang Panlungsod,

Zamboanga City Mr. Zaldy Daranda - Bangsamoro Network for Solidarity

and Accountability, Zamboanga City Mr. Leonardo Pioquinto - Isabela City

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Mr. Mohammad Nur Ajihil - Member, Interfaith Council of Leaders of the Silsilah Dialogue Movement

Mr. Edgar B. Lim - Plant Manager, Permex Producer and Exporter Corp., Zamboanga City

Mr. Edwin To - Zamboanga Chamber of Commerce and Industry Foundation, Inc.

Mr. Tungkoh Hanapi - Barangay Chairman, Kasanyangan, Zamboanga City

Mr. Hussayin Arpa - President, Sama and Badjao Association, Zamboanga Peninsula

Mr. Ahmad Sampang - Community Leader, Kampung Islam Mr. Macksu Magang - Southern Immediate Action for

Prosperity and Harmony Network (SIAPAHAN)

SENATORS STAFF:

Atty. Jose Cadiz Jr. - O/S Marcos Atty. Luzviminda Lavarias - O/S Marcos Atty. Tomas Bago Jr. - O/S Marcos Mr. Rolando Balvida - O/S Marcos

Mr. Al Tikah - O/S Marcos Mr. Andro S. Guilao - O/S Marcos Mr. Fernando A. Antib - O/S Marcos Mr. Juan Baris - O/S Marcos Mr. Orlando U. Balbado - O/S Marcos Ms. Marivic Ching - O/S Marcos Ms. Leana F. Carmona - O/S Marcos Ms. Emerald Rida - O/S Marcos Mr. Reynato S. Custodio - O/S Marcos Mr. Ronel Pelovello - O/S Marcos Mr. I.R. Gimenez - O/S Marcos Mr. Julius Palamos - O/S Marcos Ms. Arifah Macacua Jamil - O/S Marcos Mr. Arturo Castro - O/S Marcos Atty. Chichi Famadon - O/S A. Cayetano Atty. Mary Bianca Calalang - O/S A. Cayetano Atty. Jason Rayos Co - O/S A. Cayetano Mr. John Carlos - O/S A. Cayetano Mr. Jonel Bernal - O/S A. Cayetano Ms. Omar Loma - O/S A. Cayetano Atty. Ryan Estevez - O/S Pimentel Atty. Elbert Sanz-Cruz - O/S Pimentel

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SENATE SECRETARIAT: Ms. Assumption Ingrid B. Reyes - Legislative Committee Secretary Ms. Jocelyn A. Dela Cruz - Legislative Committee Stenographer Ms. Carolina F. Driz - - do Ms. Susana Grace L. Robles - - do Ms. Maribel P. Mendoza - - do Ms. Mylene R. Palino - Legislative Committee Clerk Mr. Daniel D. Diamzon - - do Mr. Jimmy Gaviola - - do - Ms. Avigail G. Andaya - - do Ms. Ana Marie F. Deplomo - - do - Mr. Fred Dayawon - OSAA Mr. Ronnie Vidallon - OSAA

(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 JADela Cruz I-1 May 14, 2015 10:19 a.m. 1

AT 10:19 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.

We can begin, we have a very long list of speakers who are

going to present today. So I think we need to start and so I am calling

to order of the hearing of the Committee on Local Government joint

with the Committee on Peace, Unification and Reconciliation, the

Committee on Constitutional Amendments the hearing for 14 May

2015. Our agenda for today is Senate Bill No. 2408 entitled, 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.

And so, I would just like to explain to all those present what is

the procedure that we usually follow. The procedure that we usually

follow is we have several groups that have submitted position papers

and the first part of this hearing will be devoted to allowing all those

position papers to be explained. We will try to ask just few questions

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as possible. We are doing this to give an opportunity to everyone who

has a position to express it to the Committee. And just for the

information of everyone, we have 23 position papers that have been

registered so far. So we have a long list to get through.

So without further ado, I would like to acknowledge the presence

of your congressman, Congressman Celso Lobregat; and also

Congressman Anton Lagdameo of Davao; I would like to acknowledge

for the record the presence of Atty. Al Julkipli who represents OPAPP;

the members of the Bangsamoro Transmission Commission:

Commissioner Abdulla Camlian, Commissioner Talib Benito,

Commissioner Pedrito Eisma, Commissioner Raissa Jajurie. Also

attending the hearing today, Brigadier General Carlito Galvez,

WestMinCom Deputy Commander for Peace Process, AFP; we have

from the Integrated Bar of the Philippines ZamBaSulTa, Atty. Gian

Enriquez and Emilio Aquino; the Chair of the Peace Security and

Security Ulama Council Zamboanga Peninsula, Sheikh Loderson Mahir

Gustaham; some of the other leaders who we will be hearing from

today and we are waiting still for some others to arrive. But in any

case, before they do, we would like to start with the hearing. But I

would just like to make a few comments before we begin.

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This is the continuation of the hearings of the Senate Committee

on Local Government on the draft Bangsamoro Basic Law. It was

delayed because of what happened in Mamasapano and we had to

investigate and find out and establish precisely the details of what

happened there as it is directly relevant to the language and different

principles embodied in the BBL. So now, we are continuing. Yesterday,

we were in Jolo and today we are here in Zamboanga City and I had

insisted that we have these hearings that I had promised to the people

of Jolo and Zamboanga because as far as I am concerned, there is no

substitute to talking to the locals to find out exactly what they are

thinking. What we get in Manila is a filtered version and it is much,

much more important that we get it from those who are actually

stakeholders and who have a very profound interest in the outcome of

these hearings.

So with that on the record, I would like to start calling on those

that have registered to present position papers. The first position

paper we will hear from Director Juanito Demetrio who is from the

Commission on Higher Education.

Is the CHED representative here? Before we continue, I would

just like to acknowledge the arrival of the representative of the second

district of Zamboanga City, Representative Lilia Nuo.

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So, Director Demetrio, are you in the hall? If not, then we will

move on. Next, I would like to call on Habib Mujabad Hashim who is a

member of the MILF Islamic Command Council, if you would be good

enough to present your position.

Is he here? Very well. Well move on dahil marami ito. So well

have to just be a little bit ruthless about this. Next on the list is the

Integrated Bar of the Philippines ZamBaSulTa Chapter, and I have it

down here that Atty. Aquino will make the presentation. So if you

would please find the microphone. Oh yes, you have the microphone.

Please.

I think it will be Atty. Enriquez who will present. Okay.

MR. ENRIQUEZ. Good morning, Senator, good morning,

Congressman Celso Lobregat, good morning, Congresswoman Lilia

Nuo, good morning, Representative Congressman Antonio

Lagdameo.

I am Atty. Gian Paulo Enriquez, the President of the Integrated

Bar of the Philippines ZamBaSulTa Chapterthats Zamboanga City,

Basilan, Sulu and Tawi-Tawi. Here with me is my immediate past

President, Atty. Emil Aquino, who happens to be the chair of the

Committee on the Bangsamoro Basic Law.

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To start with, this Chapter has already submitted its position

paper pertaining to the Bangsamoro Basic Law. So we start with, in

Canon I of the Code of Professional Responsibility, it is mandated that

the lawyer shall uphold the Constitution, obey the laws of the land,

and promote respect for law and legal processes. With this, as a

premise, the IBP Zamboanga, Basilan, Sulu and Tawi-Tawi Chapter,

poses the following views in respect to the proposed Bangsamoro Basic

Law vis--vis our Philippine Constitution.

No. 1, the bill does not conform with clear legal processes to be

observed, particularly under Section 18, Article X of the 1987

Philippine Constitution in the creation of the Autonomous Region in

Muslim Mindanao which provides as follows and I quote, The Congress

shall enact an organic act for each autonomous region with the

assistance and participation of the regional consultative commission,

composed of representatives appointed by the President from a list of

nominees from multi-sectoral bodies. The organic Act shall define the

basic structure of government for the region consisting of executive

department, legislative assembly, both of which shall be elective and

representative of the constituent political units. The organic Act shall

likewise provide for special courts with personal, family, properly, law

jurisdiction consistent with the provisions of the Constitution and

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national laws. The creation of the autonomous region shall be effective

when approved by a majority votes cast of the constituent units in a

plebiscite called for the purpose. Provided, that the only provinces,

cities and geographical areas voting favorably in such plebiscite shall

be included in the autonomous region. So pursuant thereto, Republic

Act 6649 was enacted creating/jadc

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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 II-1 May 14, 2015 10:29 a.m. 1

MR. ENRIQUEZ. was enacted creating the Regional

Consultative Commission for Muslim Mindanao.

THE CHAIRMAN (SEN. MARCOS). Atty. Enriquez.

MR. ENRIQUEZ. Yes, Your Honor.

THE CHAIRMAN (SEN. MARCOS). Im sorry to interrupt but

your position paper is a very dense 10 pages.

MR. ENRIQUEZ. In summary, Your Honor, Ill just summarize.

THE CHAIRMAN (SEN. MARCOS). No, not summarize but

give us the high points. I was going through it, you have some very

important points to make. Maybe we can discuss those so that those

who are watching can decide for themselves as to the propriety of

some of these proposals.

MR. ENRIQUEZ. Thank you very much, Your Honor.

So basically, under Republic Act 6649, it was enacted for the

creation of the Regional Consultative Commission for Muslim

Mindanao. So, therefore, one of the duties and responsibilities and

functions of this commission is to conduct a public consultation,

hearing on all levels where the views of various sectors including both

government and non-government shall be taken or recorded. So for

purposes of the BBL, Executive Order 120 was issued December 2012

creating the Bangsamoro Transition Commission. Now, this is in

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accord with the peace agreement which was signed between the Moro

Islamic Liberation Front and the government of the Philippines. So it

is mandated, therefore, that the body can propose amendment to the

Philippine Constitution.

So in case of conflict, it is our humble view that the provisions of

the Philippine Constitution shall prevail over agreements or executive

orders. Likewise, let me just highlight, Your Honor, the comment

expressed by retired Justice Vicente Mendoza as regards the form of

the Bangsamoro government. Now, there shall define the structure

of government for the region consisting of different departments of

legislative assemblies, both for which shall be elective and

representative of the constituent political units. The BBL provides for a

parliamentary form of government. Okay, so it provides for a

parliamentary form of government and nowhere in our Philippine

Constitution nor where we taught in law school that we have

parliamentary procedure or parliamentary form of government in our

political and constitutional laws.

Likewise, it is provided that the BBL provides for a parliamentary

form where there is fusion of executive and legislative powers

contrary to the provisions of our Philippine Constitution.

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Now, lets go further. Also the bill describes what is asymmetric.

Okay. Now, this will be discussed by my chairman here particularly

on what does asymmetric means and he will give us an update of

that.

Here is Atty. Emil Aquino, with the permission of the Chair.

THE CHAIRMAN (SEN. MARCOS). Atty. Aquino, please

proceed.

MR. AQUINO. Yes, Mr. Chair, thank you.

Well, we presented this position paper early on. Actually, this

was part of our position which we presented before the ad hoc

committee of the House of Representatives over six months ago. Now,

we would like to call the attention of the Honorable Senate, particularly

on Article 6, Section 1 of Senate Bill No. 2408. Now, we say that the

bill does not clearly delineate what asymmetric means in

characterizing the relationship between the central government and

the Bangsamoro government. Now, the biggest argument--Let me

just point out that the biggest argument which struck down the

Bangsamoro juridical entity as envisioned under the MOA-AD was the

adoption of the associative relationship concept that was descriptive of

the internal inter-governmental relation between the central

government and the Bangsamoro government. It required a thorough

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and in-depth discussion on its implication in the context of

international law which led the Supreme Courts conclusion that the

BJE is a state in all but name. So, if I may just point out in the case of

the Province of North Cotabato versus GRP, the MOA-AD cannot be

reconciled with the present Constitution and laws not only its specific

provisions but the very concept underlying them namely, the

associative relationship envisioned under the GRP and the BJE are

unconstitutional.

Now, this time, the BBL makes use of the term asymmetric--so

from associative to asymmetric--to describe the same relationship

between the central government and the Bangsamoro government

without much discussion on it except to state that it is reflective of the

recognition of their Bangsamoro identity and their aspiration for self-

governance. Thus, I will quote Section 1, Article 6, Asymmetric

relationship. The relationship between the central government and the

Bangsamoro government shall be asymmetric. Now, it begs the

question, what does asymmetric mean? As I said, this was our

position six months ago. We had to make a thorough research on

what that term asymmetric means and it took a while before we

were able to catch what that term means. And apparently,

asymmetric is used extensively, if not exclusively, in the realm of

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federalism. Thus, the definition as presented in the book of Michael

Burgess Federalism: Theory and Practice. Asymmetric federalism is

federalism based on an equal powers and relationships in

administrative, political and fiscal agreements spheres between the

units which constitute a federation. Further, it stated that asymmetric

federalism is found in a federation in which different constituent states

possess different powers. One or more of the states has considerably

more independence than the other sub-states though they have the

same constitutional status. The division of powers between sub-states

is not symmetric. This is opposite to symmetric federation where no

distinction is made between constituent states. Generally, asymmetric

federalism is preferred as a solution when one or two constituent units

of states feel significantly different needs from the others as a result of

an ethnic, linguistic or cultural difference. Thus, asymmetrical

relationship in its technical sense presupposes the existence of states.

We reiterate, therefore, our position that asymmetry or

asymmetric must be clearly defined or given an operational meaning

as not to be construed as the creation of a state because, otherwise,

this would entail the amendment of our Constitution.

Let me just proceed to the other point. We actually have five

points raised in our position paper, Mr. Chairman.

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THE CHAIRMAN (SEN. MARCOS). Very well. I think that was

the second one?

MR. AQUINO. Yes.

Okay, the third one.

MR. ENRIQUEZ. Thank you very much, Mr. Chair.

So the third would be regarding territory. It is provided in the

BBL that, first, the core territory shall be composed of as follows:

No. 1, the present geographical area of the Autonomous

Region in Muslim Mindanao.

Second, the municipalities of Baloi, Munai, Nunungan and others

in the province of Lanao del Norte and all the barangays of the

municipalities of Cabakan, Carmen, Aleosan, Pigkawayan and others.

The cities of Cotabato and Isabela and all contiguous area where

there is a resolution of local government unit or a petition of at least

10 percent of the qualified voters asking that they be included in the

Bangsamoro entity.

Now, our opinion on this is that: First, the definition requires

clarification. It requires clarification since the Bangsamoro has its

special definition as referring to: No. 1, natives or original

inhabitants of Mindanao and the Sulu Archipelago and its adjacent

islands including Palawan and their descendants whether of mixed or

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full blood who shall have the right to identify themselves as

Bangsamoro by ascription or by self-ascription. Their spouses and

their descendants are classified as Bangsamoro.

Now, second, we go to the definition of contiguous. The

definition, as appearing in Section 3 of Article 3 of the BBL should

clearly point out only to land. It must clearly refer to land. And the

Supreme Court had the occasion to rule on this on what is contiguous.

/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 Sglrobles III-1 May 14, 2015 10:39 a.m. 1

MR. ENRIQUEZ. on what is contiguous. Okay?

In the case of Tan versus Comelec, that is GR No. 73155, July

11, 1986. Okay. And I quote, this is very important, Contiguous

means in physical contact touching along all or most of one side, mere

next or adjacent.

THE CHAIRMAN (SEN. MARCOS). Yes.

MR. ENRIQUEZ. So, therefore, the definition of contiguous as

contained in the proposed BBL should only refer to land and never

waternever body of water. So we should emphasize that the word

contiguous as described in the BBL should only refer to land and

never water. Okay.

Now, there is also a provision which provides for the 10 percent

so that a barangay or a municipality maybe included. The problem

here, there is a way in to the Bangsamoro entity or Bangsamoro

government but it does not provide for a proviso for going out. Okay.

It does not provide for that. It only provides for inclusion but never

inclusion. So this must definitely be clarified.

The right to join the Bangsamoro government should conversely

give rise to the right to be excluded therefrom in simple terms.

Now, further, in the said proposed provision, Section 10, Article

X of our Constitution provides that no province, city, municipality or

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barangay may be created, divided, merged, abolished or its boundary

substantially altered except in accordance with the criteria established

by Local Government Code and subject to the approval by a majority

of votes cast in a plebiscite or in political units directly affected. Okay.

So that was clearly defined by our Honorable Supreme Court in the

case of Tan versus Comelec.

Now, fourth point, as the bill, the proposed BBL grants undue

powers over natural resources to the Bangsamoro government, now, it

runs contrary to the provisions or to the doctrine or the so-called

Regalian Doctrine. In simple terms, what does Regalian Doctrine

mean? It simply means that all lands of public domains, waters,

minerals and all other natural resources shall belong to the state.

Now, in the proposed Bangsamoro Basic Law there is a provision

providing for the creation of the zones of joint cooperation in the Sulu

Sea and the Moro Gulf.

Now, the powers conferred for the Bangsamoro over inland

waters do not stand foursquare with the provisions of our Constitution.

So in simple terms, it is really contrary to what is provided for in our

Philippine Constitution.

So my distinguished partner will continue, with the permission of

the Chair.

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MR. AQUINO. Mr. Chair, the last and final point of our position

paper, please. Okay. Thank you.

The bill extends to the Bangsamoro government with extensive

powers unlike the provisions of the 1987 Constitution. This we take in

reference to Article V on Powers of Government of the proposed BBL.

Now, the 1987 Constitution specifically enumerated the areas

where the autonomous government may legislate as follows. Actually,

under Section 20 there is an enumerated list of legislative powers from

one to nine, starting off with administrative organization, creation of

resources, of revenues, etcetera and the final item there would be such

other matters as maybe authorized by law for the promotion of the

general welfare of the people of the region.

By process of elimination, the 1987 Constitution reserves all the

rest of the powers to the national government. So this is very

important because under Section 17, Article X of the 1987 Constitution

it states that all powers, functions and responsibilities not granted by

this Constitution or by law to the autonomous region shall be vested in

the national government. But we noted under the proposed bill, it is

the central government which was given reserve powers so this is a

case of reversed reserve of power. So, in short, the general rule, all

powers not otherwise delegated to the Bangsamoro government will

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pertain to the national government. But under the bill, there is an

enumeration of just nine items or powers given to the central

government which implies that these are only the powers that maybe

left off with the central government and in effect delimits or clips the

powers of the central government or national government. Thus, we

propose for a deletion of this particular section on reserve powers

because in effect, it somehow confines and limits and contradicts what

otherwise is provided under Section 17 which provides, all the rest of

the powers shall pertain to the national government and only those

which are specifically provided in the Constitution and otherwise

delegated by way of law is given to the Bangsamoro government.

That, Mr. Chair, is our final input.

THE CHAIRMAN (SEN. MARCOS). Thank you, gentleman, for

the explanation of your position on the BBL. They are essentially

constitutional infirmities which you have pointed out. These points

have been discussed before but it is, of course, still very important as

you represent the views of your organization specifically in this locality.

So, thank you for that. We will move on.

First of all, before I continue, I would like to acknowledge also

for the record, the arrival of the mayor of the City of Zamboanga,

Mayor Beng Climaco. [Applause]

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So moving down the list of those who will provide position

papers, here today representing Archbishop Romulo dela Cruz is

Monsignor David Alonzo who is the president of the Immaculate

Conception Archdiocesan High Schools.

Monsignor, are you ready to give your presentation, please?

MR. ALONZO. Thank you, Honorable Senator and our

representatives and the mayor. We greet you, good morning.

The archbishop could not come and he sent me officially to

represent the archdiocese.

Yes, we have presented to the Honorable Senators our position

paper for the Senate to consider. In fact, I have the document that

the senators had received them last January 26, 2012. All senators

signed that they received this.

I will not discuss everything. Its too long. I will just mention

some few substantial points.

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

MR. ALONZO. First, we started our position paper by saying

that the Archdiocese of Zamboanga has been promoting interfaith

dialogue within Zamboanga City in the hope of achieving lasting peace

in Mindanao. We are also with the government of the Republic of the

Philippines in its quest for national unity and peace recognizing its

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importance of building a strong, stable and prosperous nation.

And, therefore, as an advocate of peace, the Archdiocese of

Zamboanga is not interposing any objection in the creation of

Bangsamoro on condition that these provisions of Bangsamoro should

be in conformity with the fundamental law of the land or the

Constitution.

We pointed out some points, four points to be examined by the

Senate, among others. One of them is the House Bill 4994 of the

proposed basic law about abolishing the Autonomous Region of Muslim

Mindanao. We wish the senators, the honorable senators, to look into

this because we feel that this ARMM is constitutional and without it, the

legislators can abolish a constitutional provision regarding ARMM that

might be violative.../sglr

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES MPMendoza IV-1 May 14, 2015 10:49 a.m. 1

MR. ALONZO. that might be violative of the so-called equal

protection of lawsorry, sorryto reexamine the abolition of the

ARMM to be replaced by BBL and see that it conforms with the

Constitution.

The second point we have pointed out here in our position paper

is about the Preamble, to reexamine the contents of the Preamble, that

it will not be violative of the equal protection of laws.

The third point that we have pointed out in our position paper is

the Article II of Section 3 of the House Bill 4994, provides that the

Bangsamoro parliament shall adopt the official flag, emblem and

anthem of the Bangsamoro.

We wish the Honorable Senators will look into this. And in our

position paper we said that to allow the Bangsamoro to adopt their

own flag, emblem and a separate anthem is not sanctioned by the law

should they retain themselves as a political entity of the Republic of

the Philippines.

The fourth point pointed out in our position paper, House Bill

4994 allows expansion of the territory. This is about the 10 percent

that iswe want the Honorable Senators to look into this because in

our assessment, according to our position, this might violate some

constitutional provisions.

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Then the fifth point that we have pointed out in our position

paper is on the provision of the wali as the wali is the head of the

Bangsamoro. That is the Arabic title that he will be caretaker and we

assess it to be something that has to be looked into also that might be

also unconstitutional.

Then the other pointI think that was the last. Many others but

I will just mention all those.

In conclusion, we reiterate that the archdiocese of Zamboanga

continually advocates peace and the coexistence of Christians along

with other religious groups in the country, including our Muslim

brothers and sisters. Thus, we are in support of all the measures

proposed by the government as long as they are within the framework

and structure of our Constitution.

Thank you very much for the time.

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

Alonzo, for bringing our attention to those points. Certainly, those are

some of the contentious points that have been identified especially the

mechanism for the opt-in, whether its a mechanism to opt in and

there is no mechanism to opt out. Even time limits have been

discussed. The other points that you have made are on constitutional

questions and those, of course, will have to be examined thoroughly to

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make sure that we remedy what are identified as constitutional

infirmities in the BBL.

The reading of many of our most respective constitutionalists is

the very first point that you made, that is the process of abolishing

ARMM and subsequently creating the Bangsamoro may be questioned.

And that is why we are putting it under very close study.

So thank you for that, Monsignor.

Next on our list is Sultan Rico Pelandoc of the Iranun Sultanates

League of the Philippines. He has a quick presentation to make to the

Committee.

Sultan Pelandoc, if you would like to take the floor, please.

MR. PELANDOC. Thank you, Mr. Chair.

First, my courtesies to the Honorable Senator, Senator Ferdinand

Bongbong Marcos Jr., Honorable Congressman Antonio Lagdameo,

Honorable Congressman Celso Lobregat, Honorable Congresswoman

Lilia Nuo, Honorable Madam City Mayor, Maria Isabelle Beng

Climaco, commissioners of BTC present, local chief executive of

different LGUs, invited guests, civil society organizations, ladies and

gentlemen, good morning.

Mr. Chairanyway, this is a one-page position paperby your

indulgence, please. I rise in behalf of the Iranun Sultanate League of

26


the Philippines and with the permission of the Chairman and to give

justice to the long ten hours of travel from Buldon, Barira, Matanog,

Parang North Cotabato, may I introduce our group of delegation, Mr.

Chair, at the back there, the yellow sultans there.

THE CHAIRMAN (SEN. MARCOS). Yes. Please rise.

Welcome. Your presence is made of record. Thank you.

MR. PELANDOC. We are led by retired general Sultan Colonel

Pangaibay(?), Mr. Chair.

As a background, Mr. Chair, last year when we have signedor

the government and the MILF signed the comprehensive agreement

on the Bangsomoro, majority of the people of Mindanao were very

happy, jubilant and euphoric after the signing with the hope and

expectation that enduring peace and prospective development is in the

sight and very near. And that is why, Mr. Chair, we are here despite

the distance in order to declare our support for the Bagsamoro Basic

Law. [Applause]

And the BBL that we support, Mr. Chair, is that law that could

realize the dreams and aspiration of the people of Mindanao and that is

the original BBL submitted by the BTC or at least the substance of the

submitted BBL or enhanced BBL and not a watered-down BBL, Mr.

Chair. [Applause]

27


And finally, Mr. Chair, just an addition to wrap up my position

paper, Mr. Chair, last year we have submitted a petition to your good

office and also the offices of congressmen and senators, our petition

for the inclusion of Iranun Royal Houses in the BBL, Mr. Chair.

May I invite your attention, Mr. Chair, on Page 49 of the draft,

line 21 and 22, that is on Page 49 about culture particularly Article IX,

Section 19.

In summary, Mr. Chair, the Iranun Royal Houses was not

included in that provision. And that is why it is our humble request to

the Congress to include the Royal Houses of Iranun, Mr. Chair.

THE CHAIRMAN (SEN. MARCOS). In what capacity would that

inclusion be? What position or what function do you think is

appropriate for the Iranun inclusion in the BBL?

MR. PELANDOC. Thank you, Mr. Chair. If I may read the

resolution of the league, Mr. Chair, as just a background? History of

the Sultanate in the Philippines traces back to the great Sharif

Kabungsuan who married Angintabo, a daughter of an Iranun chieftain

Macaapun of Malabang.

Whereas, Mr. Chair, it cannot be denied that the comprehensive

agreement on the Bangsamoro is a product of the long struggle of the

Bangsamoro people for self-determination. During those trying and

28


difficult times, the Iranun areas and communities are among the most

adversely affected by ARMM fighting, not to mention/mpm

29


MR. PELANDOC. not to mention that ever since Iranon areas:

Buldon, Barira, Matanog, Parang has been the seat of Camp Abubakar,

thus the inclusion of the Iranon in the BBL is just fitting and proper. If

I may read the amendment, Mr. Chair, we request that Section 19 be

read as follows: To preserve the history, culture, arts traditions and

the rich cultural heritage of the sultanates, such as the sultanates of

Sulu, Maguindanao and Buayan and the royal houses of the Maranaos,

Iranons and the indigenous peoples of the Bangsamoro.

That is our request, Mr. Chair. Thank you.

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

the position paper of the Iranon Sultanates League of the Philippines.

For the information, there has been the observation that in the

process of the negotiations and then the ultimate signing of the

comprehensive agreement and the drafting of the BBL, at no point

were any of the sultanates consulted. And to try to remedy that

situation, late as it is, we are conducting a hearing in the Senate on

May 25 which specific purpose is to invite all the sultanates to send

representatives to give their opinion on the BBL. So I hope that you

will participate in that discussion.

Thank you, Sultan Rico Pelandoc.

30


Next on our list is Professor Shariff Mohsin Julabbi who is from

the MILF Bangsamoro Mujahideen Alliance. Is Professor Julabbi

prepared to give his position?

Professor, you have the floor.

MR. JULABBI. Bismillah Hir Rahman Nir Raheem.

I have submitted already my position papers. Its very long. I do

not have copy with me, just for you to digest the position paper. I

have here with me a very short statement.

THE CHAIRMAN (SEN. MARCOS). Professor, if you would

speak into the mike para iyong mga mag-transcribe tama ang kanilang

marinig.

MR. JULABBI. Okay. Problem of the BBL. I just, you know--

Former Chief Justice Artemio Panganiban noted that the MILF ignored

the peace process, peace pact signed by the MILF and the Philippine

government in 1996. Former Chief Justices Vicente Mendoza,

Florentino Feliciano, former Solicitor General Estelito Mendoza, Senator

Miriam Santiago, experts in constitutional law, BBL has numerous

provisions which violate the Constitution. Bangsamoro Law could

cause more conflict in Mindanao, that is according to them. From the

Stands by Domini M. Torrevillas, viewing Malaysia opinion, the

Philippine Star, Saturday, June 5, 2004, as to which countries hosting

31


of the GRP-MILF peace negotiations. Tan Sri Noordin Sopiee, Chair

and CEO of the Institute of Strategic Studies, Malaysia and one of his

countrys leading political scientists and economist said, This

government did not want to do it on the ground that the Muslim

problem in Mindanao must be solved by the government of the

Philippines. But PGMA requested Malaysias mediating role. He does

not think that reaching an accord will solve the problem in Mindanao.

For sure, the talks are useful and that the demands of both parties are

being brought out in the open. But the solution goes deeper. The root

causes of the discontent must be addressed: poverty, poor education,

lack of infrastructure. Unless these are resolved, Dr. Sopiee does not

see light at the end of the tunnel for Muslims in Mindanao. He points to

the lack of representation of all the Moro tribes in peace talks. Right

now, the composition of the panel consists of rebel leaders from

Maguindanao and none from the Tausug and Maranao tribes. An accord

rests only with the MILF from Maguindanao will only result to

resentment and possibly armed resistance from the MILF Bangsamoro

people armies. He was referring to the MILF-BMA. We have two MILF:

the MILF of Central Mindanao, MILF Maguindanon-Iranon Liberation

Front. I was the vice chairman that time with Ustadz Salamat Hashim.

We have been together in Egypt for 12 years and we were the ones

32


who found it, the secession, way back in 1962. I am one of the 12

boys seeds of the secession, ahead from the MNLF. The MNLF before

PARKAY (Parhimpunan Kabangsahan Anak Islamo). That was

established in 1968 where our brothers trained in foreign land or

somewhere in Malaysia. Then 1974, it was established, the MILF. We

were ahead from the MNLF. The Magic 8 of Sulu namely Maas Bawang,

Bagis Habib, Congressman Tupay Loong and the rest are our own

people. They are the great warriors and now the MILF, not only the

MILF of Central Mindanao, that is only belong to Maguindanao--the

MILF Maguindanao-Iranon Liberation Front whereas ours is pure Moro

Islamic Liberation Front. When the MILF the Maguindanao province,

that was the time of Salamat Hashim, I was the vice chairman. Then

they expelled me from the MILF too. So I promised to myself not to go

back to the negotiating table. Because of that, people from Manila,

even the President, former chief, National Defense General Reyes and

former Rear Admiral Romulo Espaldon rushed up to call me. They

invited me and I have been with them in Manila. I said, I dont like to

go to the negotiating table because our brothers from Maguindanao or

Maranao were expelled already from that. So I do not like to be with

you anymore. And that he said, You are liable to be punished by the

33


government because the Tripoli Agreement or the agreement between

the MILF and is binding on you.

THE CHAIRMAN (SEN. MARCOS). Yes, Professor, it is good

for us to hear/jadc

34


THE CHAIRMAN (SEN. MARCOS). it is good for us to hear

the explanation on the history as it has a very big relevance to what

we are talking about today and the different factions within the MILF

has been developed. We also take the point that the Committee has

come to the same conclusion that development is a necessary part of

the peace process and that is a responsibility of government that has

perhaps been neglected in the years past.

However, Professor, could we hear your position now on the

BBL.

MR. JULABBI. We are against the BBL? Were not part of the

BBL because thats only exclusively for the Maguindanao tribes,

Maguindanao-Ioranon Islamic Liberation Front. I have been together

with Sally Balaomol alias JaafarGadzhali Jaafar and Datu Kan

Abbas--alias Mohaguer Iqbal. We have been together with them.

We are the framers of the Tripoli Agreement in 1976.

THE CHAIRMAN (SEN. MARCOS). Thank you.

The point about the non-consultation with the different groups,

be they tribal, be they formal organizations has been brought up

before. In fact, that point was very well made yesterday when we

were in Jolo, that since they are Tausugs, that they have never been

consulted in the entire process. That is why, again, we are doing a

35


hearing for the sultanates. We are also doing a further hearing for the

IPs and then the local government units.

So thank you, Professor, for stating your position and I am

happy to see that many of the conclusions that we have come to in the

Committee have been reflected in the position that you have given us.

MR. JULABBI. Thank you, Your Honor.

THE CHAIRMAN (SEN. MARCOS). I would like to, at this

point, acknowledge the arrival to the Committee of Governor Jum

Akbar of the province of Basilan.

Governor, welcome.

Now, the City of Zamboanga, in the person of their good mayor

will now make the presentation on the position of the City of

Zamboanga.

Mayor Beng Climaco, please.

MS. CLIMACO. Honorable Chair, with the permission of the

Committee, may I respectfully request that Ill be reading my

statement together with our vice mayor and the city councilors.

Sir, with your permission.

So, buenos dias a todos. Assalamu alaikum y bienvenidos a

ciudad de Zamboanga, our Honorable Chairperson Marcos,

Congressman Lagdameo, Governor Jum Akbar, Congressman Lobregat

36


and Congressman Nuo and the distinguished member of the

Committee, as well as the people of Zamboanga.

Pas de Dios y abrazo dela Birhen del Pilar.

On November 14, 2014, the Congressional Committee conducted

a public hearing on the proposed Bangsamoro Basic Law in the City of

Zamboanga. In that forum, we issued a statement on this matter also

the Sangguniang Panlunsod that is here with me, of the City of

Zamboanga submitted a position paper to House Bill No. 4994. I am

submitting the statement and the position paper of the City Council

which incorporate the stand of the city on the issue.

The position of Zamboanga City has been consistent and

unequivocal. The City of Zamboanga has always been for peace, a

just, meaningful and lasting peace in Mindanao. We support the peace

initiatives of His Excellency President Benigno Simeon C. Aquino III,

whose intention is to end decades-long hostilities in Mindanao. We

call for a comprehensive peace pact that addresses all grievances on

the issues. It is likewise to be inclusive and not isolative of all groups

of people and stakeholders to act forward in espousing meaningful,

lasting peace and prosperity in Mindanao and abhor armed conflicts.

We have to continue to engage in dialogues with the MNLF and other

armed groups as well as to address grievances that bring about

37


secession and armed conflicts in Mindanao. Otherwise, the objective

of attaining a genuine and lasting peace in Mindanao shall remain a

dream.

We, the people of the City of Zamboanga consistently rejected

the inclusion of the city in the Autonomous Region of Muslim

Mindanao. In 1989 plebiscite 90,152 voted against the inclusion in the

ARMM compared to 5,299 who voted in favor. In 2001 plebiscite an

overwhelming 112,735 voted against compared to 5, 849 who voted in

favor. In 2008, the City of Zamboanga was also in the forefront

against the entry of the Bangsamoro Juridical Entity which would have

been created by the Memorandum Agreement on Ancestral Domain or

the MOA-AD that was declared by the Supreme Court as

unconstitutional and contrary to law. Zamboangueos have never

wavered on that issue at hand. We are quite troubled that some

provisions contained in the draft BBL, as it may not pass judicial

scrutiny. As such, we expect Congress to pass a Bangsamoro Basic

Law which is consistent and harmonious and not contrary to the 1987

Philippine Constitution. A law that truly addresses grievances but

bring about secession and armed conflict in Southern Philippines and

not merely for appeasement, a law that treats every Mindanaoan on

38


even keel. A law that respects the sovereignty and the territorial

integrity of the Republic of the Philippines.

Based on the foregoing, let me be categorical on the basic

position of Zamboanga City.

No. 1, the City of Zamboanga should never form part nor be

included in the Bangsamoro now or ever.

No. 2, neither of its 98 component barangays nor any part,

zone, sitio thereof, should ever be included in the Bangsamoro now

or ever.

No. 3, the municipal waters of the city as defined under the

Philippine Fisheries Code of 1998, RA 8550 and delineated in the

fisheries ordinance of the City of Zamboanga shall continue to remain

as a municipal waters of the city without alteration on its territorial

boundaries for the management, conservation, development,

protection, utilization and disposition of all fish and fishery aquatic

resources of its local fisher folk.

Allow me to add that I acknowledge the expertise of Chairperson

Senator Bong Marcos, when we and Congressman Lagdameo were in

Congress that really helped us in the boundaries of our fisheries as

well as our aquatic resources.

39


We hope that as champion, we will also see the views of our

fishing industry. The commercial fishing industry must have free

access to deep-sea fishing governed only by existing laws and

regulations of the national government and not by the Bangsamoro.

No. 5, equally very important to us is the issue on the

ARMM properties situated in non-ARMM areas. Pursuant to the

mandate of Section 1, Article 18, Republic Act 9054 on the

expanded ARMM Law, land and permanent buildings, structures

owned, controlled, administered or in possession of the ARMM

located in the provinces and cities which do not vote favorably for

the inclusion of their respective areas in the ARMM shall be

purchased by the national government. /cfd

40


MS. CLIMACO. shall be purchased by the national

government. In turn, the national government from its acquisition of

said land and permanent buildings or structures sell, transfer and

convey the said properties in favor of the local government unit having

territorial jurisdiction thereover and willing to purchase the said land

and buildings or structures or portions thereof. It is our firm stand

that this provision of the expanded ARMM Law is mandatory and has to

be complied with prior to the enactment of the BBL.

For the information of the honorable members of this honorable

Committee, several parcels of land apparently registered in the name

of the Republic of the Philippines Autonomous Region in Muslim

Mindanao are situated in Barangay Cabatangan, Zamboanga City.

However, please be advised also that the Lupong

Tagapagpaganap ng Pook building in Cabatangan, a building claimed

by the ARMM is situated inside a lot owned by and registered in the

name of Zamboanga City.

The City government of Zamboanga has already manifested its

interest to acquire these parcels of land. Situated within these parcels

of land are buildings and structures of national government including

the DepEd, COA regional office, Civil Service, Population Commission

Training, National Telecommunications office, the Philippine Army

41

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES Sglrobles III-2 May 14, 2015 11:19 a.m. 2 engineering brigade, the Philippine Marines, the Philippine Navy

Barracks, among others, and these parcels of land can be transformed

into governmental center to cater to the office needs of local and

national government agencies and the headquarters of military

installations situated therein.

Also, some parcels of land are occupied by informal settlers. In

conjunction with the NHA, the City of Zamboanga can transform some

parcels thereof as onsite relocation areas in line with the Honorable

Presidents thrust to provide decent housing to those who have less in

life. Thus, it is imperative that the city take ownership and full

possession of these parcels of land.

It is very important that before the passage of the BBL, these

parcels of land be ceded and transferred to the national government as

mandated under the expanded ARMM Law. In turn, the City of

Zamboanga is very willing and able to purchase the same from the

national government.

It should likewise be noted that there are several real properties

in the city in the name of the Southern Philippines Development

Authority or the SPDA, such as those located in the barangays of

Baliwasan, Mampang, Rio Hondo, Mariki, Recodo, Pasobolong, Vitali, to

name a few. It appears that based on the proposed BBL, this property

42


shall also form part of the Bangsamoro.

To preserve and ensure the integrity, contiguity and to prohibit

the dismemberment of the citys territorial boundary, we are

respectfully seeking that these properties also be ceded and turned

over to the City of Zamboanga. Our beloved city has always been

known and recognized as an ethnically heterogenous but united

community of Christians, Muslims and Lumads. Despite of its ethnic

diversity, we are truly blessed and inspired by its cultural harmony.

We are one Zamboanga City composed of undivided 98 component

barangays truly blessed by marine resources to the vast municipal

waters it enjoys.

Allow me to ask our vice mayor to also speak on behalf of the

people. [Applause]

THE CHAIRMAN (SEN. MARCOS). Thank you, Mayor Climaco.

Yes, Vice Mayor, please proceed.

MR. ITURRALDE. Your Honors, the Chairman, members of the

committee, the people of Zamboanga, muy buenos dias.

Allow us to reiterate some points we raised during the

November 14, 2014 congressional public consultation held in the City

of Zamboanga.

No. 1. Under Article X of the 1987 Philippine Constitution, the

43

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES Sglrobles III-2 May 14, 2015 11:19 a.m. 4 Autonomous Region in Muslim Mindanao or whatever nomenclature is

given to this autonomous area in the future is considered as a local

government. This is very clear in the title of Article X of the

fundamental law, Local Government. This appears to be the legal

basis for the creation of the Bangsamoro.

As a matter of fact, this proposed juridical entity is deemed to

replace the existing ARMM. Now then, the extensiveness and

dimension of the Bangsamoro waters should be the same as the

municipal waters of the LGUs and not 22.224 kilometers or 12 nautical

miles. It should be noted that the 12 nautical mile rule was used to

define the national territory under the Archipelagic Doctrine. The

Bangsamoro is not an archipelagic state. This issue is detrimental to

the interest of the commercial fishing industry not only in the City of

Zamboanga but also to the entire of Mindanao. The Philippine waters

belong to the Filipinos, not of a tribe people or group.

No. 2. Under Section 18, Article X of the 1987 Constitution, the

creation of the autonomous region shall be effective when approved by

a majority of the votes cast by the constituent units in a plebiscite

called for the purpose. Provided, that only provinces, cities and

geographical areas voting favorably in such plebiscite shall be included

in the autonomous region. Thus, in the plebiscite for any inclusion into

44

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES Sglrobles III-2 May 14, 2015 11:19 a.m. 5 the Bangsamoro, it should be made very clear that the 10 percent of

the registered voters should refer only to registered voters of the

entire province or the entire city seeking inclusion. It should not be by

component municipality or component barangay as the effect will

certainly promote gerrymandering and inefficient and ineffective

governance resulting from non-contiguity of local government units.

It should be recalled that under ARMM Law, entry into that

political entity was by province and city only, and not by municipality

or barangays. We should also be reminded of recent Supreme Court

decisions on the creation of local government units. These decisions

are imperative guidance for Congress.

No. 3. In relation thereto, the term contiguous relative to

territory should be clearly clarified and properly defined without

vagueness.

No. 4. If there are provisions for the inclusion, there should also

be a provision relative to the manner of exclusion from the

Bangsamoro for LGUs which opt to disengage therefrom.

No. 5. There should also be fair and equitable distribution and

allocations of fiscal resources of government. Taxes are the lifeblood

of government. It appears that with the shares of taxes, block grants

and other shares in income from the national government, the same

45


shall give tremendously inequitable advantage to the Bangsamoro

which will effectively lessen the LGUs internal revenue allotments

which in effect shall redound to diminishing allocations for the delivery

of basic services to their respective communities.

No. 6. Strategic natural resources and industries should remain

with the national government and should not be regulated by the

Bangsamoro, specifically power generation, transmission and

distribution should be the principal and exclusive domain of the

national government and subject only to the latters regulatory powers

and not of the Bangsamoro.

No. 7. The Bangsamoro police force shall remain exclusively

with the national government. Futhermore, members of the

Bangsamoro Police Force must be exclusively assigned within the

Bangsamoro. No one shall be transferred, reassigned or otherwise, to

other geographical areas other than the Bangsamoro. They shall not

be allowed to carry firearms or in any way use this police authority

outside of the Bangsamoro territory.

No. 8. The plebiscite should not ask, Do you approve of the

Bangsamoro Basic Law? This phrasing may mislead those people who

may be in favor of the proposed BBL but not favor inclusion into the

Bangsamoro. It should rather ask, Are you in favor of being part of

46

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES Sglrobles III-2 May 14, 2015 11:19 a.m. 7 the Bangsamoro?

MS. CLIMACO. Honorable Chair and the members, the

rebuilding, reconstruction and recovery of the City of Zamboanga from

the siege/sglr

47


MS. CLIMACO. from the siege is quite difficult and

challenging. But with the continuing and unwavering help of the

Almighty God and Nuestra Seora La Virgen del Pilar, the

Zamboangueos, the national government, civil society and non-

governmental organizations, the international community and the city

of Zamboanga shall rise up once again. Together, we shall build back

a better Zamboanga under one flag, one nation, one Zamboanga City

united and undivided 98 barangays under one Republic of the

Philippines.

Muchas gracias, vaya con Dios. [Applause]

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

Mayor Beng Climaco, for that presentation, together with the members

of the Sangguniang Panlunsod and their presiding officer, Vice Mayor

Iturralde.

I think that as the Mayorin her opening remarks, Zamboanga

City has very much kept a very consistent position when it has come to

the BBL. The points that were made in todays presentation are

certainly well-noted and many of these points are actually under study

as to what possible remedies there might be. But once again, I am

very gratified to say that whatever we think we know in Manila about

the sentiments of people and officials in a locality, we always manage

48


to learn something new when we come to these public hearings that

we situate in the locality. And one of the things that is new is the

suggestion as to the language of the plebiscite where the suggestion

as read out by the vice mayor was instead of Do you approve of the

BBL? the question would be, Are you in favor of being part of the

Bangsamoro?

So that is something that we can suggest to the Comelec and we

thank the mayor and the officials of Zamboanga City for their insights

and their suggestions. [Applause]

Following the presentation of Zamboanga City, we now proceed

to call on Mr. Hadji Abdul Baqui Sandag of the Zamboanga City

Indigenous Peoples Council of Leaders.

So, Mr. Sandag, if you could please take a mike and proceed

with your presentation, please?

MR. SANDAG. The honorable member of the Senate in the

person of Senator Ferdinand R. Marcos Jr.; our beloved mayor, Maam

Beng; the congressmen, starting from the representative of Davao Del

Norte, Congressman Lagdameo, my boss, Honorable Celso Lobregat,

Governor Jum Akbar, damas y caballeros, de ciudad de Zamboanga

and visitors.

49


Mr. Chairman, before I will present my piece or recommendation

which are absolutely an original IP concept and collective consensus of

the Zamboanga Indigenous People Council of Leaders which comprised

of the following tribes, namely, the Kolibugan, Subanon, the Yakan,

Sama-Badjao and the Sama-Bangingi.

May I in behalf of the IP community of the City of Zamboanga

express first our propound gratitude to the selfless personalities of the

City of Zamboanga who repeatedly and publicly defended us on various

issues like the BBL. It is but fitting that we, their followers, will thank

them publicly also.

To our beloved and beautiful mayor of Zamboanga, gracias,

maam; the other mother of Zamboanga in the person of

Congresswoman Lilia Nuo, auntie, maam; to my classmate, Vice

Mayor Cesar Iturralde; the honorable members of the Sangguniang

Panlungsod and foremost, to my BBL, the favorite son of the IPs and

the Muslims, my BBL and our BBL with Maam Beng. When I say BBL,

it simply means Big Brother Lobregat.

Sir, gracias.

Mr. Senator, sir, I have here a brief, direct, self-explanatory but

realistic views coming through the IPs and with and record purposes,

we the IP communities of Zamboanga City fully support the

50


implementation of BBL. However, we also support the stand on this

issue of our beloved mayor, the city council and the two district

representatives of Zamboanga City.

The first of the recommendation of position paper, Mr. Senator,

sir, is the creation of a National Commission on Indigenous Peoples

Office or NCIP. The creation of National Commission on Indigenous

Peoples Office in the proposed new autonomous Bangsamoro

government in order to cater to the needs of the indigenous people

particularly in our ancestral domain claim, as well as to recognize,

respect and protect rights of the IPs, to preserve, develop and assure

continuity to the next generation of our culture, traditions and

institutions as well as to safeguard and guarantee to enjoy the full

measure of human rights and freedom without distinction and

discrimination.

The need of the creation of this office is vital to the existence and

cause of the IPs. With the implementation of the BBL, a presumed

influx of ancestral domain claim will ensue. And as usual, based on

experience, the oppositors are usually national government agencies

such as DAR, Department of Agriculture, Tourism and sometimes local

government units like barangay, municipalities, and cities and

provincial government.

51


NCIP for the IPs, they are our vanguard, our court of first and

last resort. It was proven in the past, especially in our claim, they

were always by our side.

The second issue we would like to present, sir, is about

transitional justice, the implementation of transitional justice to all

inhabitants who were affected by previous armed conflicts between the

rebels and the AFP. There is a need for the reparation of damages and

apology to the surviving victims or to their family for the atrocities

results, loss of lives, loss of properties and opportunities as well as to

injuries inflicted upon their persons by either the government or the

insurgents, upon their persons, honor, reputation to the victims or to

the members of the family.

And the third issue we would like to present is about the

proposed amendment to the Article XV of the BBL. As I have said in

the past and numerous public hearing/mpm

52


MR. SANDAG. numerous public hearing in search of the true

identity of the Mindanaoans, the participation of the Christians,

Muslims, Lumads and our sectors are needed. However late it may be,

I have here a proposal where there is a need for the amendment to

Article XV, which calls for a ratification. The stand of the IP is we call

for the ratification, not only by the inhabitants in the proposed

Bangsamoro entity. But this time, it must be done by all taxpaying

and registered voters of the citizens of the Republic of the Philippines.

My basis are the following: the Constitution itself is the first one. In the

alienation of any part or portion of the territory of the Republic, the

people must have the final decision considering that such as in the

creation of cities and municipalities and even barangay, the mother

province, city or barangay must be first heard in a form of plebiscite

and the decision is vital for such creation. I hope we could apply this

measure for the creation of a Bangsamoro entity. Mr. Senator, I

believe it is high time for us to act as one Filipinos under one flag, one

Constitution, one nation, one vision. Hence, an all-for-one and one-for-

all policy.

My second stand which give the rights to the taxpayers and all

the Filipinos. The proposed Bangsamoro entity will undoubtedly be the

recipient of millions of pesos for restructuring and projects. It must be

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bear in mind that these funds come from the coffers of the government

originated from the taxes paid by the citizenry. By virtue of the said

Act, the citizenry in addition to their constitutional rights, acquired by

rights to air their grievances and voices in matters that affect their

nation, their future and their childrens future. Rightfully, they acquire

the right this time that their voices must be heard. And following the

doctrine of vox populi, vox Dei, meaning the voice of the people is

the voice of God. The peoples voice on this particular issue must be

heard, heeded, abided and must prevail at all costs.

And the last issue which I think is somewhat controversial, but

since this is the consensus of the IP who wants nothing but peace, is

that we call for the creation of two regional legislative assembly

patterned after that your father, Senator Marcos--patterned after that

of the President Marcos era wherein there were two regional legislative

assembly, RA IX and RA XII. It was created at that time but the

constitution of the seats there, they were elected. But this time the

mainland regional legislative assembly will be dominated and operated

by the MILF. And the other one, the regional legislative assembly,

Region IX must be handled by the MNLF, preferably by the MNLF

faction of Nur Misuari. This arrangement, I believe, is acceptable to the

leaders of the rebel groups. That is to my belief. Acceptable to the

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leaders of the rebel groups, elected leaders, constituents of the islands

of Basilan, Sulu, Tawi-Tawi and the mainland cities in Mindanao as well

as municipalities and provinces. If this setup will be implemented, Mr.

Senator, sir, we believe peace would truly reign in Mindanao.

And lastly, sir, kami po sa Zamboanga City, ayaw namin na po

ng giyera. We want to remain under one flag, one country, one

Constitution. And our ultimate goal is to serve Allah above all. To

protect and serve our mahal na bayang Pilipinas. At higit sa lahat, tao

tayo, mga Pilipino.

Maraming salamat po. Hasta la vista y alpina nunzia. Buenos

dias a todos.

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

General Abdul Baqui Sandag, for the representations that you have

made. We appreciate certainly the strong representations you have

made for the recognition, equality and justice for our indigenous

peoples which are contained in your proposals to create an NCIP within

the Bangsamoro government and the demand for transitional justice

for what has happened in the years previous.

The issue as to local or national application, especially when it

comes to the conduct of the plebiscite, is an ongoing debate and it is

something that we have to examine very closely. As the points that

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were made in the position paper we have just heard, it has been very

clear that it is felt by many quarters around the country that the BBL

will affect the conduct of other LGUs and, therefore, will affect all the

citizens of the Philippines and therefore the plebiscite must be done on

a national basis. This has some validity to it and it is something that

we will have to resolve before we can proceed with the process of the

BBL.

The question of creating two regions is reminiscent of the

solutions that were arrived at in the Tripoli Agreement. This is

something that seemed to have been successful in the time that it was

implemented. However, the Tripoli Agreement has been deemed

superseded. The agreement that we are now using as a peace

agreement, as a basis for all that we are doing is the Jakarta

Agreement with the MNLF and subsequent to that the Comprehensive

Agreement on the Bangsamoro. In fact, that is one of the big issues

that we have to study well and find a resolution to is upon the passage

of BBL, how do we apply and implement the principle of Bangsamoro

government in context of the Tripoli Agreement and of the Jakarta

Agreement of 1996? And that I think is the main point that the MNLF

has always brought to this discussion and it is something that we will

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continue to study and no doubt will have some comments from the

members of the transition commission and from OPAPP on that.

Thank you, Secretary General. We will continue to move down

the list. I would like to call on now, Acting Chairperson Socorro Ramos

of the Regional Development Council of Region IX.

Chairperson Ramos, are you in the hall? If she is not here, then

we will continue to move down. It is you? I beg your pardon. --will

speak for the RDC IX will be Mr. Pocholo Soliven.

Mr. Soliven, if you would like to proceed, please.

MR. SOLIVEN. Good morning, Honorable Chair Ferdinand

Marcos. Very important persons in the presidential table, our

Congresswoman from District 2, Representative Nuo; our beloved

Mayor/jadc

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MR. SOLIVEN. our beloved Mayor Maria Isabel Climaco,

Senator Alan Peter Cayetano, Governor Jum Akbar of Basilan,

Representative Celso Lobregat of District 1, Representative Anton

Lagdameo of Davao del Norte and Vice Mayor Oric Furigay, good

morning.

Now, I would like also to put on record that I am also

representing the PCCI, Philippine Chamber of Commerce and Industry

as the regional governor for Western Mindanao and also as the private

sector representative of Zambonga City.

Now, I am sharing you this 150th Regular Meeting Resolution No.

9010-15. Regional Development Council IX is the highest policymaking

body in the region and a resolution requesting Congress to review and

amend certain provisions of House Bill 4994 or the Bangsamoro Basic

Law.

Whereas, the draft Bangsamoro Basic Law is the proposed law of

the Bangsamoro Political Entity as it establish the Bangsamoro

government.

Whereas, as enshrined in the peace and security chapter of its

Regional Development Plan and the Regional Development Council IX

fully supports the peace process and is thus, also supportive of the

BBL.

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Whereas, during its first meeting on 18 February 2015, the RDC

IX advisory committee passed a Resolution No. 9015 enjoining the

council to conduct sectoral committee consultations on House Bill No.

4994 or the BBL in view of issues and concerns relative to the BBL that

have been raised by various sectors in the region particularly on the

legality, political influences, territorial scope, scope of power, fiscal

system and other features that have major impacts to the nation as a

whole.

THE CHAIRMAN (SEN. MARCOS). Mr. Soliven.

MR. SOLIVEN. Yes.

THE CHAIRMAN (SEN. MARCOS). I have noted that this is a

three-page document.

MR. SOLIVEN. Yes, I will give you the dispositive portion.

THE CHAIRMAN (SEN. MARCOS). I suggest, perhaps, you

could summarize it for us because the actual document is on record

with the Committee so I think it is more for the enlightenment of those

who are here today so if we could hit the salient point.

MR. SOLIVEN. Yes. Thank you.

THE CHAIRMAN (SEN. MARCOS). Please proceed, Mr.

Soliven.

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MR. SOLIVEN. There is a need to clarify the definition of

Bangsamoro as used in Article I, name and purpose. Section 1, short

title and 2, as to the name.

Whereas, Section 2(b), in the core territory, and (3), on

contiguous territory of Article III on territory provision, violates Article

X, Section 10 of the Philippine Constitution and RA 7160 of the Local

Government Code and its Implementing Rules and Regulations, which

defines the Philippine territory and there is a need as well to clarify the

definition or scope of local government units that are outside the

contiguous and core territory which may opt to file a petition of at

least 10 percent of the registered voters to be included as part of the

Bangsamoro territory at any given time.

Whereas, Section 2, on the core territory of

BBL IN SENATE | Public Hearing in Zamboanga, May 14, 2015

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