BBL IN SENATE - Issues of MNLF On The BBL, May 18, 2015

Repu blic of t h e Ph ilippin es
CONGRESS OF THE PHILIPPINES
SENATE
Pasay City
COMMITTEE ON LOCAL GOVERNMENT

JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES
DATE
Monday, May 18, 2015
TIME
10:00 a.m.
VENUE :
AGENDA :
Sen. Claro M. Recto and Sen. Jose P. Laurel Rooms

2nd Floor, Right Wing
Senate of the Philippines
Financial Center, Roxas Boulevard, Pasay City
SENATE BILL NO. 2408 - AN ACT PROVIDING FOR THE
BASIC LAW FOR THE BANGSAMORO AND ABOLISHING
THE AUTONOMOUS REGION IN MUSLIM MINDANAO,
REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 9054,
ENTITLED 'AN ACT TO STRENGTHEN AND EXPAND THE
ORGANIC ACT FOR THE AUTONOMOUS REGION IN
MUSLIM MINDANAO,' AND REPUBLIC ACT NO. 6734,
ENTITLED 'AN ACT PROVIDING FOR AN ORGANIC ACT
FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO,'
AND FOR OTHER PURPOSES (Introduced by Senators
Franklin M. Drilon, Vicente C. Sotto III, Loren Legarda,
Ralph G. Recto, Maria Lourdes Nancy S. Binay, Francis G.
Escudero, Paolo Benigno Bam Aquino IV, Sonny
Angara, Pia S. Cayetano, Gregorio B. Honasan II, and
Teofisto TG Guingona III)
Committee on Local Government Joint with the

Committees on Peace, Unification and Reconciliation; and
Constitutional Amendments and Revision of Codes
Page 2
x---------------------------------------------------------- x
ATTENDANCE
SENATORS PRESENT:
HON. FERDINAND R. MARCOS, JR.
HON. PAOLO BENIGNO BAM AQUINO IVHON. ALAN PETER S. CAYETANO

HON. JOSEPH VICTOR G. EJERCITO
-
Chairman, Committee
on Local Government
Member
Member
Member
GUESTS/RESOURCE PERSONS:
Hon. Gerry Salapuddin
Prof. Miriam Coronel-Ferrer
Hon. Jose Lorena

Mr. Abul Khayr D. Alonto
Mr. Adzis Barry Malguiok

Mr. Hudan Abubakar
Mr. Somerado Pimping
Mr.
Mr.
Mr.
Mr.
Al Hussein Calauang
Aben Abubakar
Said Indar Tampi
Subair Macabinta
Mr. Meno Manabilang

Engr. Omar Nevada Tago
Former Representative
of Basilan
Chair, Government
Peace Negotiating Panel
for Talks with the MILF
Office of the Presidential
Adviser on the Peace
Process (OPAPP)
Undersecretary, OPAPP
Chairman
Moro National Liberation
Front (MNLF)
First Vice Chairman, MNLF
Second Vice Chairman,

MNLF
Third Vice Chairman,
MNLF
Field Marshall, MNLF
Secretary General, MNLF
Spokesman, MNLF
Central Committee
Member, MNLF
CC Member, MNLF
CC Member, MNLF

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Atty. Baratucal Caudang

Atty. Sabdullah Macapodi
Mr. Jamil Lucman
Mr. Tabonawan Sacar
Mr. Herman Hatalan
Mr. Freddie Indosan Dalandas
Mr. Asamlil Amil
Mr. Jimmy Tayuan
Mr. Abdullah Johnny Taya
Mr. Abdul Aziz Saidona
Mr. Abus Alonto
Mr. Arif Diragun
Mr. Casan Lucman
Mr. Alvarez Isnaji
Ms. Norhata Alonto
Mr. Abebakrin Lukman
Mr. Abuamri Taddik
Mr. Awad Hamid

Mr. Abdulgadjir Ismail
Mr. Acarab Rasah
Mr. Mahmur Hasanul
Mr. Utoh Salem Cutan
Atty. Omar Sema

Mr. Edmund Gumbahali
Mr. Baginda Alih
Mr. Lacson Sawadjaan
Mr. Abdul Sahrin
Mr. Habib Mudjahab Hashim
CC Member, MNLF
CC Member, MNLF
CC Member, MNLF
CC Member, MNLF
CC Member, MNLF
CC Member, MNLF
CC Member, MNLF
CC Member, MNLF
CC Member, MNLF
CC Member, MNLF
CC Member, MNLF
CC Member, MNLF
CC Member, MNLF
CC Member, MNLF
Deputy Secretary,
MNLF
Deputy Secretary for
Political Affairs, MNLF
Deputy Secretary
General for Military
Affairs, MNLF
Finance Director, MNLF
Field Marshall
Deputy Director General
For Administration
Training Director
General Staff, MNLF
MNLF Secretariat
Chairman, Gensan
Legal Counsel, MNLF
National Secretariat,
MNLF
Northern Mindanao
Command, MNLF
Basilan Revolutionary
Committee, MNLF
Secretary General,
MNLF
Chairman, MNLF-Islamic

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Mr. Silbi Tiblani
Mr. Habib Rigduan Hasim
Mr. Nazir Kuddah

Mr. Abdulajib Habib Hussin
Command Council
Islamic Command
Council of the MNLF
MNLF-Islamic Command
Council
MNLF
MNLF/OPAPP
O/S
O/S
O/S
O/S
O/S
O/S
O/S
O/S
O/S
O/S
O/S
O/S
O/S
O/S
O/S
O/S
O/S
O/S
O/S
SENATORS STAFF:
Atty. Jose Cadiz Jr.
Atty. Minda Lavarias
Atty. Tomas Baja
Mr. Arturo Castro
Mr. Fernando Antis
Ms. Faith Maghirang
Ms. Arifah Jamil
Mr. Jason Co
Ms. Zheanne Aeson Dantis
Ms. Margie Manlunas
Ms. Fiona Conde
Ms. Charlotte Franco
Mr. Ricardo Calimag
Ms. Ma. Clarissa Lopez
Ms. Rizza Calimag
Ms. Kristela Castronuevo
Mr. Dominic Lacbayo
Mr. Claro Sampaga
Ms. Elaiza Balajadia
Marcos
Marcos
Marcos
Marcos
Marcos
Marcos
Marcos
A. Cayetano
P. Cayetano
Angara
Ejercito
Escudero
Binay
Binay
Binay
Recto
Legarda
Osmena
Lapid
SECRETARIAT:
Ms. Assumption Ingrid B. Reyes
Mr. Elpidio H. Calica, MNSA
Ms. Eleuteria L. Mirasol
Ms. Norma G. Dizon
Ms. Merlene J. Palaganas
Ms. Rosemarie J. Ortiz
Ms. Nida A. Mancol
Ms. Christine M. Nery
Ms. Cecilia T. Sotto
Ms. Avigail G. Andaya
Committee Secretary
Committee Secretary
Committee Secretary
Committee Stenographer
Legislative Staff

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Mr. Felipe A. Dahino

Ms. Mylene R. Palino
Mr. Jose G. Busalpa Jr.
Mr. Roland D. Laureano
Ms. Abigael Okor
Mr. Elmer Cardino
Mr. Emerson Carreon
Mr. Ronnie Cabanero
Mr. Benjamin Oria
Mr. Rolando Carido
Mr. Carlito Bancifra
Mr. Fred Dayawon
Legislative Staff
Legislative Staff
Audio Operator
Audio Operator
Legislative Page
Legislative Page
Legislative Page
Legislative Page
OSAA/SES
OSAA/SES
OSAA/SES
OSAA/SES
(FOR COMPLETE LIST, PLEASE SEE ATTACHED ATTENDANCE SHEET.)
COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
NGDizon
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May 18, 2015
10:23 a.m.
1
AT 10:23 A.M., HON. FERDINAND R. MARCOS

JR., CHAIRMAN OF THE COMMITTEE ON LOCAL
GOVERNMENT, CALLED THE HEARING TO ORDER.
THE CHAIRMAN (SEN. MARCOS). Good morning, ladies and
gentlemen.
The hearing of the Committee on Local Government, joint with
the Committee on Peace, Unification and Reconciliation and the
Committee on Constitutional Amendments and Revision of Codes of 18
May 2015, is hereby called to order.
I would like, at the outset, to apologize for my late arrival. But I
think everybody who experiences traffic in Manila knows sometimes
travel times are hard to follow.
The agenda that we have for today is Senate Bill 2408 which we
refer to as the draft Bangsamoro Basic Law.
I would like to acknowledge for the record, from the OPAPP,
Professor Miriam Coronel-Ferrer. You have there listed also Usec
Lorena.
As our resource persons, we have Chairman Datu Abul Khayr D.
Alonto. [Applause]In the interest of preserving time, we do not
really have to applauseFirst Vice Chairman Adzis Barry Malaguiok;
Second Vice Chairman
Hudan Abubakar; Third Vice Chairman Datu

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Somerado Pimping; Field
Marshall Al Hussein Caluang; Secretary
General Aben Abubakar; Spokesman Said Indar Tampi; CC Member

Subair Macabinta; CC Member
Meno Manabilang; CC Member
Engineer Omar Nevada Tago; CC Member Atty. Baratucal Caudang;

CC Member Atty.
Sabdullah Macapodi; CC Member Datu Jamil
Lucman; CC Member Datu Tabonawan Sacar;
CC Member
Herman
Hatalan; CC Member Freddie Indosan Dalandas; CC Member Asamlil

Amil; CC Member Jimmy Tayuan; CC Member Abdullah Johnny Taya;
CC Member Abdul Aziz Saidona; CC Member Datu Abus Alonto; CC
Member Arif Diragun; CC Member Casan Lucman; Deputy Secretary
General Bai Norhata Alonto; Representative Gerry Salapuddin; the
Deputy Secretary General for Political Affairs Abebakrin Lukman;
Deputy Secretary for Military Abuamri Taddik;
Chairman, Finance
Committee, Awad Hamid; Field Marshall Abdulgadjir Ismail; Deputy

Director General for Administration Acarab Rasah; Central Committee
Member
Alvarez
Isnaji;
Mahmur
Hasanul;
MNLF
Chairman, Gensan Utoh Salem Cutan; Legal, Atty. Omar
Secretariat
Sema.
Also here, they have National Secretariat Edmund Gumbahali;

Northern
Mindanao
Command,
MNLF,
Baginda
Alih;
Lacson
Sawadjaan of the Basilan Revolutinary Committee of the MNLF;

Chairman Habib Mudjahab Hashim, Islamic Command Council, MNLF;
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Silbi Tiblani, Islamic Command Council of the
MNLF Habib Rigduan
Hashim and from Sulu MNLF Nazir Kuddah; and Mr. Abdulajid Habib
Hussin.
Was
able
to
read
everybodys
name
for
the
record?
Nakumpleto ba iyong ating lista? Very well.

We are conducting this hearing because of a suggestion that
was made to the Senate on the visit of the Secretary General of the
Organization of Islamic Cooperation three weeks ago and we have
agreed that it should be part of the process where the MNLF has been
a partner of government since the 70s in this peace process that we
have been conducting.
Now the subject at hand, the agenda, is really the BBL.
And
what is most problematic with the MNLF involvement in the BBL is: (1)
the fact that the MNLF, although informally was part of the
negotiations between the Philippine government and the MILF, they
had no formal role in that process and that is why we feel that this
hearing was necessary.
The issue at hand is very much the context with which we will
handle BBL considering that the MNLF had already agreed, had made
peace agreements with the government in the form of : (1) the Tripoli
Agreement of 1976 and finally, the Jakarta Peace Agreement in 1996.
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So it is important to the Committee to ask the leadership of the MNLF

who are represented here today to guide us and what is their view on
the role that the MNLF can continue to play in the peace process,
number one. And secondly, how do they feel is the way to move
forward with the Bangsamoro government as proposed in the
Bangsamoro Basic Law? How we can move forward in the context of
the MNLFs agreement previously signed with the government?
As we have known, there have been actions undertaken by the
MNLF
in
response
to
the
Comprehensive
Agreement
and
the
framework agreement and finally, the draft of the Bangsamoro Basic

Law and those have been noted and that is why we feel
it is
important to hear from the MNLF leaders.

The Committee is in receipt of four position papers. Well, more
than four position papers. We have received position papers from
Chairman Ambassador Datu Abul Khayr Alonto. We have a
position
paper dated on the 20th January of this year; the second of February
of this year and the 20th of April for this year.
We also have received from Moro National Liberation Front
Bangsamoro Republic. I believe it was given by Atty. Fontanilla who is
their legal counsel. We have received both a manifesto and, secondly,
a position paper on the BBL.
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Also from the National Moro Liberation Front Islamic, Command

Council
Chairman
Habib
Mudjahab
Hashim
has
provided
the
committee with position papers, one dated on 14 October 2014 and a

position paper dated 30th April 2015.
Also from the MNLF Central
Committee Member Datu Meno Manabilang is also a position paper.

So the conduct of the hearing will be this: We will go down the
list and I will ask from each of the groups to nominate or to appoint,
assign one member to bring their latest position papers. We can look
at the
different positions. I have copies of everything. But perhaps
we can get the latest position from each group in turn. And so with
that, let us begin.
Chairman Alonto, will you be the one who will give the position
paper that will collate the findings that you have given in the three
position papers? Would you speak for your group, sir?
MR. ALONTO. Mr. Chairman, on behalf of the
Moro National
Liberation Front, and I think on the process, Mr. Chairman also, we

will be clearing the air on this issue as to the so-called factions.
Nevertheless, Mr. Chairman,
in view of the recent developments,
allow me to read this position that has been adopted /ngdizon
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MR. ALONTO.
that has been adopted by the Central
Committee based on the Fifth Bangsamoro Congress that was held last
week.
Honorable Chairman, Assalamu Alaikum Wa Rahmatullahi Wa
Barakatuh. May the peace and blessings of august Subhanahu Wa
Ta'ala be with you all. Good morning.
On behalf of the surviving members of the Central Committee of
the Moro National Liberation Front (MNLF), constituting the F1-FF90,
F2-FF300, the F3-BG67, the F4-OCZA and the Bangsamoro Army
Command Staff Conference of Field Commanders; the remnants of the
500,000 card carrying members of the Ansar El Islam of the
Philippines the mass base of the Moro Liberation Movement; and the
Lam Alif, the Muslim Youth group where the core of the FF 90 sprung
and the Bangsamoro people, kindly allow me to convey our deep
gratitude to both the House of Representatives and the Philippine
Senate, particularly the Committee under Your Honors chairmanship,
for what we saw was their sincere attempt at understanding and
grasping the essence of immediately passing Bangsamoro Basic Law
or BBL based on the Comprehensive Agreement of the Bangsamoro
(CAB).
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In the hands of those honorable men and women of the two

august chambers lie the key to the attainment of peace with justice in
Mindanao and the entire country as well. The BBL, based on the CAB,
is our best chance to attain peace with justice and to build a truly
genuine autonomy in the Bangsamoro territories. Moreover, a strong
autonomous government could eventually pave the way for the
adoption of a federal parliamentary form of government.
I humbly speak not only on behalf of our people, but of those
who dared in their youthful years, sacrificing their dreams, albeit to
many our brothers their lives to the Bangsamoro struggle; the
surviving original members of the MNLF Central Committee and the
Bangsamoro Army Command Staff Conference of Field Commanders
led by the remaining F1-FF90: MNLF Vice Chairman, Al Hussein
Calauang; Vice Chairman Hudan Abubakar; Vice Chairman Adzis
Malaguiok; Vice Chairman Somerado Pimping; military commissioned
chairman, Jamil Lucman; Spokesman Indar Tampi; Secretary General
Aben Abubakar; Asamlil Amil; Meno Magarang; Casan Lukman; Alawi
Mohammad; Alver Alonto; Tabonawan Sacar; Indosan Dalasdas;
Sobair Macabinta; Arif Darigun; Casan Cana; Issah Dangcal; Pipalawa
Lucman; Ali Lucman; Salic Lucman; Abubakar Jul; and other highly
trained FF2 MNLF brothers, FF3, FF90, MNLF brothers Herman Hatalan,
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Abdullah Jani Tayag; Muripaga Saidona, Yassre Pumbaya, Moner

Pandaca, Faisal Abdilla, Mohammadnoor Bantilan, Shk Abdulfattah,
Saran Benbella; Basil Lapail, Jaime Tayuan, Jul Ahmad Lawan, our lam
Alif britehrs led by our Grand Emir, Engineer Omar Nevada Tago; are
now here, breathing the same air with you, Mr. Chairman, in this
function room of the Philippine Senate.
Ladies and gentlemen, these are the MNLF noble freedom
fighters who stayed put and defended Islam, their people and
homeland during the Mindanao war. They never opted to live in the
comfort and luxury of the Middle East and Asia while Mindanao was
burning. And although the point of departure of the Moro National
Liberation Front was independence, these courageous Moro warriors
settled for autonomy as manifested in the forging of the mother of all
peace agreements of the Bangsamoro: the 1976 RP-MNLF Tripoli
Agreementfor the attainment of genuine peace with justice in
Mindanao.
The Comprehensive Agreement of the Bangsamoro or the CAB is
a continuum of the 1996 GRP-MNLF Peace Accord and the 1976 RPMNLF Tripoli Agreement, which was anchored on the Resolution No. 18
of the 1974 Kuala Lumpur Summit of Heads of States of the
Organization of Islamic Cooperation, that obliged the Philippine
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government to negotiate with the good Muslim leadership of Southern

Philippines including the Moro National Liberation Front.
All these agreements, Mr. Chairman, have the character of an
international treaty duly recognized by the civilized world and also
accepted as part of the law of the land. While the mother of all these
treaties is the 1976 RP-MNLF Tripoli Agreement, in your hands now,
honorable members of the Philippine Congress
I am happy the good Senator Alan Peter Cayetano is here. He is
a son of a personal friend, the late Senator Cayetano.
SEN. A. CAYETANO.
Good morning, sir.
Assalamu Alaikum. Thank you po.

MR. ALONTO.
And this is our first meeting.
THE CHAIRMAN (SEN. MARCOS).
Let me perform my
function in acknowledging the arrival of Senator Alan Peter Cayetano.

MR. ALONTO.
Mr. Chairman, may I proceed?
the
Yes, please proceed.
MR. ALONTO.
Honorable members of the Philippine Senate,
best
resolution
embracive
signed
between
the
Philippine
government and the Moro liberation movement represented by the

Moro
Islamic
Liberation
Front.
The
CAB
is
all
inclusive
and
encompassing of all stakeholders of the Bangsamoro.

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The implementing mechanism that will give life to the CAB is the
Bangsamoro Basic Law. No less than our good brother, MILF Chairman
Haj Murad Ebrahim, have intimated to me that the harmonized version
of the BBL, which was submitted by the Office of the Philippine
President to the Philippine Congress merely contains 20 percent of the
original agreement, which means that the BBL being deliberated upon
in the two houses of the Philippine Congress is already 80 percent
diluted
over
the
years
of
negotiation
between
the
Philippine
government and MILF. In fact, the Philippine peace panel should be

commended, not maligned, for having achieved such. And both our
people, the Filipinos and the Bangsamoro, should deeply appreciate the
MILF for relenting, in the name of peace with justice. And if at all,
should the Philippine Congress further dilute the BBL, then it would
truly mean a mangled BBL and would spell great injustice not just to
the two negotiating panels that labored in the negotiating table for 17
years to reach this point, but more importantly, to the Bangsamoro
people. The BBL is the key to ending the 494 years Mindanao war and
will finally liberate the Philippines from the cruel shackles of its
oppressive colonial historical past.
In the last few months after the hearings on the BBL were
suspended in view of the Mamasapano tragic incident, I have ventured
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into accepting all sorts of speaking invitations all over the Philippines, if
only to share our thoughts and feel the pulse of the Filipino people.
In the process, Mr. Chairman, I have come to meet objective and
progressive-minded Filipinos like that of Archbishop Antonio Ledesma
of Northern Mindanao; the president of Ateneo de Davao, Father Joel
Tabora; a Mindanao and TBoli advocate, Ms. Amor Malang; the
honorable mayor of Cagayan de Oro City, Mayor Oscar Moreno; AFP
General Manuel Pangilinan who spared the country from a shooting
war; our fightingest mayor of Davao, Honorable mayor Rod Duterte,
with whom I have reached an agreement on that the BBL must first
be passed and implemented to serve as a model for the country can
opt for a federal parliamentary form of government. My good friends
Congressman Romy Jalosjos and Bukidnon Governor Joe Zubiri; as well
as the Abrina family of Davao City, whose wife Dottie is a descendant
of Rajah Lapu-lapu. And just two days ago, I had the chance to talk to
the Honorable Vice President Jejomar Binay. In all these meetings,
beyond partisan politics, I was enlightened and have come to know the
true Filipino mind.
Mr. Chairman, the Filipino mind, ladies and gentlemen, is that of
a people wanting to improve the quality of their lives and disentangle
themselves from the quagmire of poverty and ignorance. The Filipino
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mind is hardly heard and read through the tri-media. But it cries for
peace and justice; and it wails for the war to end so that no more body
bags are sent back to their homes.
This humble representation, Mr. Chairman, conveys to the
Philippine nation today that the peoples of Mindanao, in particular, no
longer want/mjp
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MR. ALONTO.
no longer want to fall prey to the divide and
rule tactics used on the peoples of Mindanao. We now stand together

with the MILF as one for the immediate passage of the Bangsamoro
Basic
Law
based
on
the
Comprehensive
Agreement
on
the
Bangsamoro.
No less than one of our treasured living national artists, Mr.
Francisco Sionil Jose, who said in a recent forum that, A nation need
not be colonized by a foreign power.
It can be colonized by its own
people. The Filipino colonial mind is not so much a product of the 333
years Spanish Rule nor of the 50 years American Rule but of the
Filipino elite.
Indeed, those soldiers that fought against the
Bangsamoro army, whether MNLF or MILF, in these past 43 years and

continue to be deployed in Mindanao to this very day, were not and are
not all from Forbes Park or Dasmarias Village or the Global City.
Most, if not all, are from families that cannot afford the schoolings of
their children, families from the suburban areas of the country who
sent their sons to the military hoping for higher pay checks and not to
receive their sons in body bags.
We ask this Philippine Congress to
instead utilize that hundreds of millions of pesos used each day to keep
the war machines in Mindanao and Sulu for livelihood and education
programs that can alleviate the situation of majority of the poor people
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in the Philippines from the seemingly abysmal poverty that exist in this
country, for Philippines is now the poorest country in the ASEAN.
Lately, we acquired a copy of the minutes of the executive
sessions of the Ad Hoc Committee on the BBL of the Lower House of
Congress.
Dismayed frustration, Mr. Chairman, is the least of the
emotions we can feel.
If this end product were to go through, then,
this Philippine Congress is merely perpetuating the 494 years old

colonial policy of the Philippine Government towards the first nation of
this country, your brethren, the Bangsamoro people.
Not only will it
mangle the comprehensive resolution you have in your hand but it

threatens to desecrate justice.
Presidential Decree 1618 which gave
us a coverage of 10 provinces and six cities, out of 13 as stipulated in

the 1976 RP-MNLF Tripoli Agreement, is better by far than what is
intended to be passed if the minutes of the executive sessions will
prevail.
If it were to be followed, then Republic Act 9054 is not
devolving but regressing to the old status quo of oppression and social
inequity that has been at the crux of the Mindanao war.
Enactment of
laws is supposed to address or correct social injustices, not aggravate

it and grant rights to oppressors.
Since the establishment of the Philippine government, the
Bangsamoro people remain in a state of human insecurity.
The first
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Moro Malay Muslim nationally elected into the Philippine Senate, Shariff
Al Maruhom, Senator Sultan Alauya Alonto, said it eloquently to his
fellow delegates to the 1935 Philippine Constitutional Convention: We
want to set our house in order, but how can we? The very key to our
own house is not in our hands but in the hands of those who do not
even speak the language of the people they want to rule.
We do not
know if we are locked in or locked out. It was on June 12, 1942, with
the impending fall of Corregidor, that President Manuel L. Quezon,
accompanied by General Douglas MacArthur slipped out of the ROCK
and went to Negros and then to Cagayan de Oro. And on March 17 and
18 in a clandestine meeting together with the first Filipino head of the
Moro Province, Teofisto Guingona Sr., President Quezon and General
MacArthur made a two-day clandestine visit to Dansalan, now Marawi
City, and stayed in Dietrich hotel owned by a German couple, and
persuaded Sultan Alauya Alonto to join the allied forces and colonize(?)
the Bangsamoro people and in return the Moro Province will be granted
self-rule, Mr. Chairman; but this promise never came.
President
Quezon died in Saranac Lake. MacArthur returned in 1960, the only

kind words he had told my father was that he was sorry, that he had
not made good the commitment because under Truman, he was a
beleaguered man.
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At this consultative hearing in Marawi City in 1971, I asked the

good former Vice President Teofisto Guingona Jr., who was then a
delegate to the 1971 Philippine Constitution and he was the vice
chairman when they were crafting the law, and who likened the
crafting of the Philippine Constitution to building a house. And in that
house, Honorable Delegate Teofisto Guingona, May I ask I say if
there is a room for the Moro Malay Muslims in this country?
replied affirmatively:
He
Yes, there is a room for every Filipino,
especially the Muslims of the Philippines. But a year after, we met as

political prisoners at Camp Crame and I reiterated the same question,
to which he answered, Yes, there is a room for us here.
In another instance, a young legal mind posed a query to my
daughter on why the Moros carry guns.
Ayesha Merdekas reply was,
If the Bangsamoro is your village and your village have army

checkpoints every five to 10 kilometers and manned by fully equipped
combatant men who do not speak your language, what would you do?
The lawyer was tongue-tied and could not respond for a long time.
When she did she could only say the obvious, In that case, you are
indeed militarily occupied.
Yes, Honorable Members of the Senate, Mr. Chairman, whether
you accept it or not, the sentiment of every Moro in this country is
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such that until you put an end to the colonial policy inherited by the
Philippine government from its foreign masters, then you shall have
before you the continuation of the Mindanao war.
The Bangsamoro
army, whether MNLF or MILF, are mere agents of the Bangsamoro

people and whether it is Chairman Murad or Brother Chairman Nur
Misuari or this humble representation or whoever, we are merely
incidental to the Bangsamoro cause. The Bangsamoro cause is beyond
personalities, politics and families. Beyond this so-called factions.
It
is the conviction of the souls of the Bangsamoro people and the BBL
addresses the historical and social injustices that gave rise to the
Mindanao war.
End the 494 years Mindanao war with immediate
passage of the BBL based on the CAB.

Carpe diem; do it now. We urge the Philippine Congress to do so
while veterans of the Mindanao war are still around to help in laying
down the path of peace with justice and establishing equitable
development in Mindanao.
Honorable ladies and gentlemen and Mr.
Chairman of the committee, help us, help these veterans, help those
who really fought this war. Help us, bring us home.
I take this opportunity of asking His Excellency President Benigno
Simeon Aquino to please do ala Charles de Gaulle of France, who
ended the Algerian war and subsequently raised France to its world
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power status today.
There are more serious security matters that this
country has to confront.

Mindanao war.
Western Mindanao put a closure to the
Together, let us face this problem through diplomatic
channels. Motivate the world to be concerned about the present status

of the Philippines on this issue.
Mr. Chairman, the President with
unyielding political will, as the former chief justice of the Supreme

Court, Chief Justice Panganiban suggested, Can call upon the
Philippine Congress to convene, sit as a constituent assembly and in
one single session, amend the Philippine Constitution to perfect
whatever constitutional infirmities there may be in the BBL, and then
enact
the
amended
Bangsamoro
Basic
Law
based
on
the
Comprehensive Agreement on the Bangsamoro.

We beseech the sense of justice and patriotism, and the love of
country for our Honorable Senators and Congressmen to put an end to
the Mindanao war, if only to prevent the outbreak of a fratricidal war of
attrition.
Prophet MuhammadSallalahu Alaihi Wasalamsaid, None of
you is a believer if you do not wish for your brother what you wish for
yourself.
Otherwise, then let us finally adopt the federal parliamentary
system, a position we have taken in the last four decades as the best
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and only solution to the Bangsamoro conflict and the regionalism that
exists in this country./rjo
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MR. ALONTO.
that exists in this country.
We do not only
prevent the fragmentation of this country but we also allow equitable

justice and development to be achieved in each region of the
Philippines.
A federation can enhance national unity in diversity,
strengthen the mechanism of transparency and accountability and

good governance, and usher in a truly equitable development,
progress and prosperity in the Philippines.
But if the passage of the BBL based on the CAB and the adoption
of federalism are still not plausible to the Filipino majority, then let us
revert back to our earlier point of departure before the 1976 Tripoli
Agreement, the restoration of independence to the Bangsamoro. And
honorable members of the Philippine Senate, there is no need to wage
war against each other again.
There are three ways by which the
Bangsamoro can achieve independence in a purely peaceful, nonviolent and democratic process without resorting to war.
Few weeks ago, Senator Drilon was reported to have said that
this august chamber is not bounded to the CAB, to the Comprehensive
Agreement to the Bangsamoro.
I had prayed that my former good
neighbor at Bel-Air was simply misquoted.
But if not, then I cannot
think of a better personality along with Representative Lobregat of the

Lower House to craft the law adopting the Malaysia-Singapura formula
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that will finally and grudgingly separate the Bangsamoro from the
Philippines. Perhaps, like Malaysia and Singapore, we can both rise up
to becoming leaders of the ASEAN.
A second option, Mr. Chairman, would be to call on the full
engagement of the United States of America to right the wrong they
have committed and correct the infamy they made in including our
territories in their grant of independence to the Philippines. As I have
endorsed in an aide-memoire in 2003 to the heavyweight US
delegation led by Ambassador Solomon, Ambassador Richard Murphy,
General Zinni of the United States Armed Forces, and Eugene Martin of
the US Institute of Peace, that contained the plausible solution to the
problem including federalism and independence during President Gloria
Macapagal-Arroyos administration, and reiterated in 2005 when she
was considering federalism.
The United States of America, in close
cooperation with the Organization of Islamic Cooperation under the

supervision of the United Nations, can call for an independence
referendum in the Bangsamoro.
And if that too is not still possible, then the third option is to take
the final and newest option available to the Bangsamoro:
secession
the
restoration
of
our
freedom,
remedial
sovereignty
and
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independence as a people following the peaceful example of the people

of Kosovo.
All options above stated are through completelywill be done in
a peaceful, non-violent and democratic processes. There is no need
for the Philippine government to wage war on the Bangsamoro from
hereon. To do so would simply be an act of barbarism on the peoples
of Mindanao; and if you dare wage war again after this, then as in the
494 years, the Bangsamoro will remain standing on its shores as its
ancestors from Lapu-Lapu, Sultan Kudarat, down to Kamlon, to defend
Islam and its historical homeland at all times.
We once more aver our firm belief that our two peoples, the
Filipino nation and the Bangsamoro, under two systems in one country,
under one flag can gain more, Mr. Chairman, in peace than in war. We
state here and now that if this Philippine Congress will enact a BBL, not
based on the CAB, then we will ask you not to waste the money of the
Philippine coffer.
In closing, we reiterate:
The Moro National Liberation Front
stands in solidarity in the spirit and letter of the 1976 RP-MNLF Tripoli
Agreement and in 1996 Accord-Philippine-MNLF Accord anchored on
Resolution No. 18 of the Kuala Lumpur Summit of Heads of States of
the Organization of Islamic Conference on the CAB and the FAB. We
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stand in solidarity with the with the MILF in the immediate passage of
the BBL, based on the CAB for peace with justice to finally reign in the
Philippine Archipelago. In shaa Allah!
Mr. Chairman, ladies and gentlemen, Magsukul tuud kanio katan
tan!
Tarimaa niyo a kakasi, sa rumba a tanan iyo, na sanggibo a
salamat!
Daghang salamat sa inyong tanan.
Marami pong salamat, Mr. Chairman.
Anything, we are ready to respond to whatever question in this
Senate.
Thank you, Chairman,
Ambassador Datu Abul Khayr Alonto, for the context that you have
provided us, historical and otherwise.
We just like to make some quick clarifying inquiries to you.
Having listened to your position paper, you proposed three solutions
towards the end of your position paper. If my reading is correct, all of
them seem to lead to secession. Am I correct in my reading or have I
interpreted it mistakenly?
MR. ALONTO. Yes, Mr. Chairman. In fact, Mr. Chairman, the
presence of the leadership of the Moro National Liberation Front
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supporting the BBL, is a manifestation of our desire that we keep this

country together.
Your humble representation here have taken over
the chairmanship of the Moro National Liberation Front on the premise

that we want peace, we do not want war. And we are still committed
to the Tripoli Agreement of 1976 and the 1996 Accord in consistence
with this CAB Agreement, Mr. Chairman. But if peace will not happen,
then, Mr. Chairman, dont oblige us to pay another price of 200,000
lives; 3,000 that are now scattered are refugees; three million, two
million homeless and destitute.
Mr. Chairman, I have taken the leadership of the Moro National
Liberation
Front
independence.
because
our
earlier
point
of
departure
is
My good brother, Nur Misuari, without prejudice to
whatever this government have charged against him, one reason that
we are also compelled to take over the leadership was the Zamboanga
siege where there was no consultation and we do not believe in such
military adventurism. We have the Bangsamoro Republic declared by
Mr. Misuari.
This leadership now believes in a peaceful resolution of
this problem and put an end to this war, that we can revert back and
still hold on and respect the Tripoli Agreement. That is precisely why
we are here, Mr. Chairman. But if there is no more room, then let us
not fight.
Two hundred thousand lives is too much, too much of a

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price to pay again, Mr. Chairman.

reluctantly part ways and have
We might as well grudgingly,

an independent state
for the
Bangsamoro, restore their freedom, their sovereignty and their

independence as a people, Mr. Chairman.
THE CHAIRMAN (SEN. MARCOS). Thank you.
Senator Cayetano has a question.
SEN. A. CAYETANO. Thank you, Mr. Chairman. Good morning
at sa lahat po ng ating mga bisita, the esteemed leaders of Muslim
Mindanao, Assalamu alaikum. Thank you for being here with us.
As we mentioned in Zamboanga, we are all for peace. Iba-iba
lang po ang ating pananaw at approach.
Thats why were meeting
here today to try to find out how an inclusive peace,
not only for
Christians, not only for Muslims, not only for those included in the
ARMM but for all Mindanaoans and all the Philippines.
And please
forgive us, we are not giving due advantage or putting above you the
esteemed former governor and former Congressman Gerry Salapuddin.
But as a former member of Congress, three-term member of Congress,
it is the tradition of the Senate and it is his right to be in the panel.
So, we welcome you, Congressman. Thank you for being with us.
So, I just have one clarificatory question.
I wont debate and
elaborate and Ill ask also Chairperson Ferrer and this is the same
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question to the other representatives. But we can discuss it later on

just so that we can hear everyone. But can youYou can elaborate a
little bit but in a very short manner, do you view the ARMM as a failure
or as a success?
MR. ALONTO.
dictated
in
Manila.
Its a failure in the sense that leadership is

Since
the
inception
of
the
autonomous
government, Mr. Chairman, as the first interim head, it is dictated in

Malacaang not the Bangsamoro people. All elections, no exceptions,
are dictated by Malacaang. That means first failure is the leadership.
For losing that very salient point in theone man, one vote. It never
happened and it will never happen in Mindanao not unless we change
the law and make it a stronger Bangsamoro government
SEN. A. CAYETANO.
Sir, not to argue, Ill ask the same
question kay Professor Ferrer, our chairperson in the peace panel. But
before that, maam, so that you can also respond.
Well be fair at
harapan po tayo sumagot. But sir, thats my same question. . . (nam)
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SEN. A. CAYETANO.
thats my same question with this. Im
glad you were very straightforward and people are listening. And you
were saying na dinidiktahan ng Malacaangalthough theres an
election but the truth is kung sinong may pera, kung sinong may
backing ng Malacaang, kung sinong may baril, kung sino sabihin ng
palasyo ipatawagHow do we put it?has so much undue advantage
that although in form he or she is elected, in reality it is as if they were
appointed by the palace there.
But if you look at the present form of the BBL, yes, it does give
autonomy and it does give power to the Bangsamoro government.
But, No. 1, without an election, the whole MILF will take over after the
plebiscite; No. 2, they will have their own representative in the
national Comelec and as drafted today in the Supreme Court, in the
Civil Service Commission, in every department of our government, the
Philippine government, which is the right of every Muslim to be a part
of, but MILF po ang magre-recommend kung sino through the
BangsamoroMILF. And now the nephew of Chairman Iqbal is already
in Comelec and both Malacaang and the OPAPP in Zamboanga denied
that they have pushed for him or recommended him.
That means,
that they can recommend one more. So if we pass BBL as it is, the
MILF will have two members in Comelec. But the Bangsamoro is also
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asking that the COA, the Comelec, Civil Service will have its
counterpart in the Bangsamoro which shall also be nominated and
filled up by the MILF. And then MILF will decommission in stages, so
when the election comes, the plebiscite comes. Sila may baril pa rin
legimately. Ang MNLF, pag kayo may baril, ikukulong kayo, kasi wala
kayong safe conduct pass ngayon at walang peace agreement.
MILF, puwede silang may baril at covered sila.
Pag
Pag kayo may kaso
ngayon, hindi tutulong ang gobyerno, sa piskalya, sa DOJ, sa korte.

But sa kanila, like kay Commander Tundok, the peace panel helped
them to get him out.
And then lastly, the peace panel has always said that we want
the election by 2016. Thats not in the law if we pass it as it is. The
proposed law says that the Bangsamoro Transition Commission will be
given reasonable time to come up with a transition plan and its not
time bound.
So if the MILF who now say that they are already the
Bangsamoro Transition Commission, not anymore the MILF, say that it

will take us five years. So five years, you will not have an election.
Your people, our people, our brother Muslims, the MNLF will not have
an opportunity to elect your leaders.
So that is my concern.
Let us not talk of the substance first
because obviously, sir, as you have been fighting for decades, some of
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what you have been fighting for, as you mentioned, 80 percent is in

the Bangsamoro. But in the process of getting the leaders there, since
you mentioned that you think ARMM is a failure because nga hindi
kayo talaga ang nakakapag-elect and nag-change ang administrations,
nag-change iyongdi ba iyon po ang problema, if President Ramos
was committed to the agreement and gave Brother Nur Misuari and
Chairman Misuari the support, the chairmanship, not only the
governorship but the different governors bound together to have a
special zone of peace and economic.
But when we changed
administrations, nagbago iyong support, so a lot of things in the

agreement were not fulfilled, etcetera.
Anyway, sir, not to take up too much time because theres a lot
to speak, but are you not concerned with those provisions that will
allow full takeover by the MILF without an election?
Thats my last question, Mr. Chairman, then maybe Professor
Ferrer can clarify also on that.
Thank you, sir.
THE CHAIRMAN (SEN MARCOS).
Thank you, Senator
Cayetano.
I think the issue at hand is very clearly the inclusivity of the
mechanisms which are contained in the draft Bangsamoro Basic Law.
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The whole purpose of this hearing is to remedy a situation that we

have found in the Bangsamoro Basicin the peace process that bore
fruit in the comprehensive agreement, both the framework agreement
and the comprehensive agreement. And finally the draft BBL was seen
by many quarters as being particularly favoring MILF especially in the
political actions and the political cycles that will follow after the
passage of the BBL and the plebiscite that will be conducted
afterwards. Besides that is also the process by which the Bangsamoro
government will be formed. The transition commission obviously will
be the ones who will take over the government upon abolition of the
ARMM.
The issue of available time for the different members of the
transition commission to set up the government has been an issue

because with the insistence of the palace and the OPAPP that the
election to the Bangsamoro parliament be done synchronized together
with the 2016 elections leaves the transition commission less than a
year to do their work.
But, again, in the hearings that we have conducted, the
transition commission itself has mentioned that probably three years is
more appropriate for the amount of work that they are doing. So this
is the situation that arises from the BBL and this is what has brought
about the questions as to inclusivity.
Because, again, the MNLF has

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been the entity that has been at the forefront from the very beginning
of this struggle and has been at the forefront from the beginning and
eventually leading up to the Tripoli Agreement and the Jakarta
Agreement of 96. So there is a worry as has been evidenced again by
the uprising in Zamboanga that the insufficient involvement will lead
us back to that same situation.
So that is the concern that the Committee has found in many
quarters and that the Committee itself has expressed. And so we hope
that again this hearing will provide us at least some guidance as to
how we should handle it so that the question of inclusivityand Im
sure that we will be hearing a lot of this word over the course of this
hearingthat the inclusivity of the Bangsamoro Basic Law and the
subsequent Bangsamoro government be established so that we can
say that we have negotiated in fact with all of the stakeholders in this.
The MNLF is an undeniable major stakeholder in all of this and that is
why the concern on the MNLFs involvement and input on this process
has become something of a concern. That is the upshot of what we
have been hearing.
So Datu Abul Alonto, perhaps you could help the Committee in
providing us guidelines in the way that you think will be a fair
involvement of all parties specifically the MNLF in this process.
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MR. ALONTO.
Mr. Chairman, first, let me clear the air that
there are no factions in the MNLF. There are no two different MNLF,
there is only one MNLF. We have called on all the leaders of the MNLF
to return back to their mother units when our good brother Nur Misuari
declares independence in the Bangsamoro Republic.
Those who still
believes in the Tripoli Agreement may stay and we are on the forefront
of this leadership.
On this issue, Mr. Chairman, regarding this BBL, we want to let
our people know that we came out in full support of this based on this
BBL, based on what we have prepared, this harmonized law. But if it
will be deleted as it has been done in the other committee in the Lower
House, Mr. Chairman, then these are turning this into law and Im
afraid to say it, without a soul, its nothing.
Because it will be the
same/cmn
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MR. ALONTO.
it will be the same failures that we have done
in the past. You take it from me, Mr. Chairman, I was there. From the
very inception of the autonomous government, I heeded it. But I have
to render my resignation because it was hijacked by the traditional
politicians.
Second, when democracy was restored, Mr. Chairman, we are
here. I was the one who initiated it, compelling Nur Misuari to come in
1986.
And unfortunately many things happened. My job then, I have
to meet him in Islamabad, telling them to go to InterContinental Hotel,

near the airport because I can only stay for four hours, paving the way
for that return of Nur Misuari, my good buddy.
Again it failed. But
Mr. Chairman, again, consequently we initiated after paving the way

and clearing the way of Mr. Ramos, then President Ramos, we agreed.
The only thing I asked from him was the resumption of the MNLF-RP
negotiation that will include the Moro Islamic Liberation Front which he
was very happy. We presented it to the MILF and to the MNLF. It was
acceptable to the MILF.
I compelled Nur to do it. He said, I will do it.
I revived the
MNLF and the MILF panel to talk, but unfortunately, Mr. Chairman, it
was only a week before the final signing in Jeddah that he informed me
that the MILF cannot come. And I thought on the last day, the very
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day of the early morning before going back to that signing, when he
called me up in Kuala Lumpur, I said, You will fail.
If this will not be an inclusive agreement that will include
everybody, it is destined to fail.
And I told President Ramos that
graciously I have to decline and I cannot participate in this. It will be a

failure.
That is precisely why we came in support of this, Mr.
Chairman.
Also to my good brothers in the MILF, who happens to be
our junior brothers and junior officers, this BBL will fail if it will not be
inclusive, if it will not include in fact the whole Bangasamoro people.
Articulating the sentiments of Bangsamoro people are on that premise,
Mr. Chairman. I think we leave that to both Houses, particularly your
Committee, Mr. Chairman, as to how we can solve this issue.
People are asking us who will do it, this transition government. I
told them, it will be, as we have been reminding our good brothers,
gather the best and the brightest. But with this issue right now, the
doubts after Mamasapano, may I respond to the good senator. Yes,
we want to protect this BBL. It must be in its implementation, we shall
protect it.
Now, Mr. Chair, out of the Bangsamoro Congress, came out
with the position in leadership and in membership, says the MILF is the
principal party.
They can have it.
But now the guarantee that our
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people want in Mindanao, including the Muslims, the Lumads, the nonMuslims, former retired military officers, if you want to convince us,
then it must be a government that is all inclusive, then we may add,
Mr. Chairman, in spirit and letter of the 1976 RP-MNLF Tripoli
Agreement, anchored on Resolution No. 18 of the Kuala Lumpur
Summit of Heads of States of the Organization of Islamic Cooperation
and the 1996 Philippine RP-MNLF Accord.
Then with the full
participation, as full partners and full partnership with the Moro

National Liberation Front. It is not a question of greediness or we want
to share a slice of cake, it is a proposition now coming from the good
Christian leadership that are represented in the series of these talks
that we had, it must be all inclusive. It must be guaranteed.
If the trust is lost along the mind after this Mamasapano and all
of these issues, then restore that trust.
Make it an inclusive
government where we are used to concurrently that this will serve the
purpose of having this Bangasamoro government.
And that it is for
the Bangsamoro and it is for the betterment of this country, Mr.

Chairman.
THE CHAIRMAN (SEN. MARCOS). Thank you for that.
In the position paper that we received dated 20th January 2015,
you proposed two major amendments to the BBL as it has been
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written.
One is on Section 19, where you have a section on
preservation of Bangsamoro Cultural Heritage of Article IX, Basic

Rights Culture, and you have a proposed amendment.
But more to the point, to the subject that we are speaking to
right now is an amendment, Article XIV, on the Bangsamoro Transition
Authority, where you proposed that Section 2 should read as follows
There is hereby created a Bangsamoro Transition Authority (BTA)
which shall be the interim government or the governing body in the
Bangsamoro during the transition period. The Moro Islamic Liberation
Front being the principal party to the comprehensive agreement on the
Bangsamoro, shall lead the BTA in its leadership and membership
And this is the amendment, but in full partnership with the
mainstream MNLF in the spirit and letter of the 1976 RP-MNLF Tripoli
Agreement anchored on Resolution No. 18 of the 1974 Kuala Lumpur
Summit of Heads of States and the 1996 GRP-MNLF Peace Accord.
Would that, in your view, Chairman, be sufficient for us to be
able to say that we now have an inclusive process and an inclusive
organization that, as you say, will satisfy the call for a greater
involvement by the MNLF?
Before you answer, sir, I would just like to acknowledge the
arrival of Senator Bam Aquino.
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SEN. AQUINO.
Good morning, Mr. Chairman.
So, Chairman, if you could
respond to that.
MR. ALONTO. Yes, Mr. Chairman. After the series of meetings
with concerned leaders of Mindanao and in view of this tragedy,
Mamasapano tragedy, you will note that we came out openly in
support of this BBL, unconditional support. But as a product of these
consultations and with the recent Bangsamoro Congress that was held,
Mr. Chairman, the leadership of the Moro National Liberation Front
came out with this position, not only a mere participation but in full
partnership with the Moro Islamic Liberation Front.
On this issue of the Moro Islamic Liberation Front, Mr. Chairman,
let me remind our good brothers here, we cannot legislate unity. Unity
and loyalty comes from the heart. That is the gift of the heart.
And Mr. Chairman, I assure you, you leave it to the mercy of the
Moro National Liberation Front, the unity of all its factions will be done.
We will be calling for a meeting of all of us because we are all
stakeholders here and we have fought together.
Likewise, the
majority of the Central Committee that came out with that proposal,
they now want a full partnership and we stand with that, Mr.
Chairman, as their spokesman, we stand then.
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SEN. A. CAYETANO.
Mr. Chairman, I just want to give
Professor Ferrer the opportunity to either answer now or after we hear

the others. Its up to them, Mr. Chair, but I dont want to interrupt the
for a quick answer.
THE CHAIRMAN (SEN. MARCOS). The usual procedure is we
go through all the position papers but we are deeply into this
discussion already, so I think it is the appropriate time for the OPAPP
and the head of the RP Peace Panel.
SEN. A. CAYETANO.
Before that, Mr. Chairman, let me just
say that it is now even a more inclusive discussion because we have a

Marcos and an Aquino in this discussion together.
MS. CORONEL-FERRER. Thank you, Your Honors.
Inclusivity, of course, was always part of the instructions that
were provided to us by the President when we started negotiations in
2010.
And throughout this period, weve had several consultations,
more than 500 consultations with the different groups, including with
the different segmentsdifferent leaders that formed part of the
founding members of the Moro Islamic Liberation Front.
I would like to say that from the beginning we instituted what we
have called the convergence policy. A policy through different tracks
whereby the review process with the MNLF goes hand in hand with
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these negotiations with the MILF.
And along that line, we have
conducted several convergence workshops. Some of the people here

with us today have attended these workshops drawing from the caters
of the MNLF cts
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MS. CORONEL-FERRER.
of the MNLF as well as religious
leaders and civil society leaders, not to mention the fact that we have
conducted several consultations with local governments in different
parts of Mindanao. I think you are all fairly aware that many former
MNLF caters(?) have actually been in local government as past
barangay captains, mayors, governors of provinces. In fact, Honorable
Gerry Salapuddin
was a former governor of Basilan.
former Governor Matba in Tawi-tawi.
Youve had
The former Commander Jikiri
was also governor of Sulu, down the line. We have encountered them
in so many different circumstances, not only as MNLF, but also as
members of local governments, members of the bureaucracy. When
we have consultations with the different departments of government,
we will find a former MNLF commander in this bureaucracy, in the
Department of Energy and so on because that precisely has been the
success of the peace agreement with the MNLF, that they are actually
part
of
government
in
different
ways
and
means
as
elected
government officials as well not to mention the fact that two former
MNLF leaders have actually held three, including Zacarias Candao have
actually held the governorship of the ARMM.
So, I think, Your Honor, the point is that
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THE CHAIRMAN (SEN. MARCOS). Yes, Professor, but I think

what we are
focusing on are the leaders of the MNLF, their
involvement in the subsequent organization of the Bangsamoro

government.
And when the Bangsamoro government comes to the
fore, their involvement in that and what influence.

MS. CORONEL-FERRER. Yes, Your Honor.
THE CHAIRMAN (SEN. MARCOS). I think it is well-accepted
that the MNLF was at the heart of the movement that started in the
60s and it was with the MNLF that
the government dealt with. And
now, we are trying to determine is what role they are going to play in
the
creation of the Bangsamoro government, number one.
And
secondly, as members or as officials in that government, how is that

going to play up.
MS. CORONEL-FERRER. Very clearly, Your Honor, if I may,
because I was talking about inclusivity of the process and now
inclusivity as well of the political institution that will be created by the
Bangsamoro Basic Law and that has to do, for instance, on the matter
of the Bangsamoro Transition Authority. We know very well that the
members of the BTA will be appointed by the President and the
President is very much aware that the BTA must be
from the very
beginning an inclusive process. Then we also know that the setup, the
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arrangement in the Bangsamoro government, the creation of the

parliament, significantly draws it away from that kind of political
control that had traditionally been practiced by the central government
on the regional government. It
will no longer be the case that the
regional governor such as in the ARMM today and the chief minister
now in the proposed Bangsamoro, the election of that person is not
going to be hand-in-hand with regard to the preferences of the
national government precisely because the system of election in the
Bangsamoro Parliament is going to be different. People will elect their
representatives in the
Bangsamoro Parliament. It is the elected
members who will elect the chief minister among them which directly
takes away the hand of the President or whoever is the incumbent
leader or the ruling political party in the selection of the key position
inside the Bangsamoro government because that would now properly
be in the hands of those who will be elected in the parliament. And as
we know, the parliament will be constituted by different types of
representation, district representation, that will make up 40 percent.
And we can almost be sure that the traditional politicians will be able
to capture the 40 percent seats, including possibly, even members of
the MNLF. Because as weve mentioned, that members of the MNLF
have also been able
to capture the highest positions in the regional

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government in the past, not to mention seats in Congress now. At least

two seats in the Philippine Congress now occupied by former MNLF
leaders. Then, you have the 50 percent party list seats which would
allow parties such as what the MNLF might wish to contemplate or
prepare for in the upcoming election to put up their own political party
that can still also garner seats in the party list system which will
comprise majority of the seats.
Your Honor, if I may just answer also some of the questions that
were raised by Senator Cayetano. With regard to the roadmap, were
still working on a roadmap that would enable regular elections to take
place in 2016. And that is, of course, assuming that the Bangsamoro
Basic Law will be
plebiscite
will
be
passed by Congress by June of this year and a

conducted
in
October.
Therefore,
effectively
determining the territorial scope of jurisdiction of the Bangsamoro.

Meaning, identifying which voters will effectively participate in the
Bangsamoro election. However, if that doesnt happen and that is what
we wish notOf course, we do not wish to contemplate that the BBL
will not be passed by this year. If the BBL is not passed this year and if
it gets passed by the next Congress in 2016, then obviously the
timeline will also change. But neither the government nor the MNLF
has indicated a position where it is going to seek an extension of the
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transition period. I think the direction right now is precisely to move

forward with the BBL, with a very much shortened transition period.
Adjustments, of course, will have to be made along that line even with
regard to draft and to hold the regular elections for the Bangsamoro
government in 2016. In any case, Your Honor, that is up to Congress
to make all the necessary arrangements that they would feel necessary
in view of the significant delays that have occurred in the passage of
the draft Bangsamoro Basic Law.
THE CHAIRMAN (SEN. MARCOS). Just as a quick reaction,
Professor.
First of all, we, as elected officials, all know that the hardest
election to win is one that is against an incumbent, be that incumbent
be an elected official themselves or an appointed official. But,
nevertheless, an incumbent of an office is the hardest opponent to
have in an electoral
exercise. And that is why there is still concern
that if all the appointive positions are occupied by the MILF, then that
will decide, at least, to a large extent who are going to prevail in those
elections.
Secondly, from the
last few statements you made rises once
again the question that everybody in the country

ninyo
minamadali
ito?
Napaka-importante
is asking,
nito.
Lagi
Bakit
tayong
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nagmamadali. We are always being rushed. We are always being told

that we have to finish it by a certain date, like, June. June is a political
deadline. It does not really exist anywhere else. But, nevertheless, that
is the position of the administration. That is the appreciation of OPAPP.
But
we have continually asked and run into this question, Bakit
minamadali ang BBL at napaka-importante?
We have waited 43
years for peace. We can wait another few months surely. That is
merely an expression, a personal opinion. And secondly, it is also an
expression to reflect the question that is asked of me over and over
and over again. This is important. This is complex. This is new. This is
novel. We have never done this before. Bakit natin minamadali?
Anyway
SEN. A. CAYETANO. Mr. Chair, on that point
THE CHAIRMAN (SEN. MARCOS). Senator Cayetano.
SEN. A. CAYETANO. Mr. Chair, just to give Chairman Ferrer,
you
know,
fair
time.
Mahirap
sa
media
po
tayo,
maam,
nagsasagutan. Mabuti po dito sa harapan. Please forgive me, the other

leaders of the Bangsamoro people, of the MNLF, and the other leaders
here. Just to pinpoint.
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First, maam, can you state for the record whether the peace
panel and the OPAPP is also represented. Ano ba ang view ninyo sa
ARMM? Was it a failure or was it a success?
Number two, I was picking up on the very good point of Datu
Abdul Alonto who was saying that one of the failures or in the sense
there was a failure of the ARMMIm hoping Im quoting
correctly, sir, nowas the interference of Manila
you
and of political
leadership of Manila in the right to self-determination of our Muslim

brothers and sisters in choosing
their own leaders, no. Now, your
response was that a parliamentary form of system is less susceptible

to influence. /ngdizon
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SEN. A. CAYETANO.
is less susceptible to influence.
Well, two points, maam. Number one, as Senator Marcos, our

Chairman said, the problem, maam, is that even before you have
elections
for
parliamentary
form,
the
Bangsamoro
Transition
Authority will already be ruled by the MILF, so sila na po ang nandoon.

They will have the moneyP70 to P100 billion. They will continue to
have arms; they will have the police under them. They want to have a
civil service and COAI mean, I have met alsoif you have had 500
consultations, I have had many consultations at sabi sa akin ng ibang
officials, governors, mayors, congressmansabi sa akin, Sir, you
might be a Christian, I might be a Muslim, you might be from Manila or
from Bulacan, from Bicol, I might be from Mindanao but politics is
politics. If the COA is controlled by this group and civil service by that
group, and Comelec by that group, di ba? And kami ang magkalaban
sa pulitika, it is not that they want to cheat us, but they think they are
better. They think they have better ideas so they will interpret it better
in their terms. That is why they would rather have a national COA
rather than a local COA.
But the point is, maam, whether parliamentary or presidential,
whether governor or chief minister, when you are an incumbent and
when you have already consolidated power and money, you become
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the political elite. And you deny every other Muslim Filipino citizen of
this country the chance for a fair and honest election.
Second point, maam, I do not want tolet me use the word
academic rather than nave. I think it is a very good point in theory
that parliamentary is less susceptible to influence. But in political
realityand believe me, maam, Ive been in Congress for 17 years
and Ive been in governmentin July, 23 yearshindi po totoo,
maam, na pagka parliamentary, walang influence ang presidente.
Tingnan ninyo po, maam, walang presidente na mag-a-admit na
nakikialam siya kung sino ang speaker at saka kung sino ang Senate
president kasi ang pumipili noon dapat kami. Pero kayo na po ang
sumagot kung walang influence kung sino ang magiging speaker or
Senate president. So Malacaang has long arms because they control
the national government, they control P2.6 trillion, they control the
armed forces, they control everything. And whatever happens in ARMM
or Bangsamoro area, whatever we call it, is also the responsibility of
the president, di ba?
Even in a federal form of government, the US president cannot
simply say, if there is a state of calamity in Washington or in LA, they
have reserve powers to take away the powers of the governors, to step
in because he is still the president of the United States of America. So
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my point, maam, is that when we talk about inclusivityand I know

its difficult. I do not envy your position, it is hard to put together. But
this is the bottomline question I would like to ask, hindi ba, maam,
magiging mas inclusive if we have a strategic disarmament? Meaning,
iwan muna sa bahay ang mga gamit, and then free elections. So magplebisito, we will pass whether it is an enhanced ARMM, whether it is a
Bangsamoro Law. Our Muslim brothers and sisters, we will give them
more powers, more funds for self-determination. But let us also
determine sinong gusto nilang leaders.
But the Bangsamoro Law, as crafted today, gives the power to
MILF. And I think, iyon naman ang angal noong MILF and the MILF had
two statements when they did not join the President Ramos led
agreement. One, they did not agree that it would be a secular state;
they wanted an Islamic state.
That was the statement of Hashim
Salamat. Chairman Hashim Salamat was very clear, sabi niyaand

they were pushed by the Malaysians, informally or formally, to state
this because Brother Nur Misuari, chairman under the auspices of the
OIC were told that we understand, we understand the teachings of the
Koran, however, we cannot give Catholics a Catholic government, we
cannot give Born Again a Born Again government, we cannot give the
Iglesia ni Cristo an Iglesia ni Cristo government. We have to have a
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secular government. But we will respect your laws and you can pass
the laws in a secular form. So it might be based on the Bible, based on
the Koran, and then based on the law. Those were the two things,
maam.
The second thing was that the MILF felt, in a certain way, it was
not a deal with the whole Islamic community in Mindanao, rather it
was a deal with the MNLF. So if were going to make the same mistake
now and just deal with the MILF,
and not deal with the othersthe
BIFF has already stated they will not accept this bill and they will
continue to fight for an Islamic state. So, maam, given all of that
rather than theory, theoretically mas maganda ang anohindi ba mas
maganda huwag muna nating ibigay iyong gobyerno sa kanila.
Patapusin mo iyong ARMM o kaya cut it short but mag-election tayo.
Kung sino ang manalo, then iyon ang mag-lead. But we will give them
allas Datu Abul Alonto said, do not water down the powers and the
resources para naman po makaahon sa oppression at kahirapan ang
ating mga kapatid na Muslim. So those are two separate issues,
maam: the issues of the substance; anong powers ang ibibigay natin.
Then lastly, maam, if you give too much to the ARMM or
Bangsamoro, what about the rest of Mindanao? Because the President
and his representatives have already said in two league of mayors
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conference that they do not agree with increasing the share of IRA na
60-40. But the Bangsamoro will get 75 plus 25 plus additional taxing
powers. I mean, 75-25 but for 10 years, the 25 plus additional taxing
powers plus the additional funds. So we do not want a Bangsamoro law
to be passed and then masama ang loob ng rest of Mindanao.
When
the
Ramos
agreement
waswhen
the
GRP-MNLF
agreement was done, the whole Mindanao, pati iyong mga Zamboanga
na lumaban doon, they were happy afterwards kaya nga nagkaroon ng
zone of peace and development. And the governors of Mindanao
elected the governor of ARMM to be their chairman. So makita mo,
despite the distrust, despite Why give them more sa ARMM? Bakit
ganito?di ba? Noong natapos iyong agreement, may pagkakaisa
iyong mga Mindanaoans.
But ngayon po, maam, you would hear the governors or the
mayors of Mindanao saying, Mag-aarmas na rin kami, di ba? Magseparate republic na rin ang Mindanao. Or bakit sila 75 plus 25? So I
know we cannot give a perfect formula and I know that there are areas
in ARMM that needs heavy investments of funds. So it will never be
fair, maam, di ba? Kahit naman ngayon, Metro Manila gets what?
More than 30 percent; all the other regions, 4 percent.
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But iyon po, maam, iyong sense of inclusivity, and we just focus
on that. Kami ni Senator Marcos and the others here because
throughout
the other hearings and on the floor, iyan po ang
tatanungin nang tatanungin, How do we make it more inclusive? So

the process, how do we elect the leaders of the new government to
make sureand number two, iyong laman po, maam. Doon muna sa
election.
Thank you, Mr. Chair.
Thank you, Senator
Cayetano.
I think the offshoot of all your comments is that simply, that we
are concerned that the phase wherein the transition commission is
organizing the government. And finally, to the point of the elections,
that we present a very even playing field. And the potential for the
playing field to not be even is quite great for all the points that we
have been making. And the reason the MNLF is important because it is
the MNLFthat was the organization that brought the Republic of the
Philippines, the government of the Philippines to the negotiating table
and finally, negotiated the Tripoli Agreement. That is why we cannot
downplay the importance that they have played, the historical
importance that the MNLF has played and the number of Muslim
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Filipinos that they continue to represent and that they continue to have
as members in their organization.
So that is the concern.
MS. CORONEL-FERRER.
I ll just make a short

MS. CORONEL-FERRER.
Yes, Your Honor.

MS. CORONEL-FERRER.
But time presses on
Yes, Professor.
Because I think, in fact, it is not only
the MNLF and the MILF that are of concern here in this whole process.
There are also all the other stakeholders that have been fully involved
so
Yes, that is right. And we
are concerned for them also/mjp
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concerned for them also.
But the MNLF is a first among equals for the simple reason that they
have been the primary organization that has brought this thing to
fruition, No. 1.
Secondly, the MNLF is recognized internationally as
parties to these treaties, to these agreements that have been signed

with the Philippine government. That is why we have a great deal of
assistance from other Islamic countries organized into the OIC and
again, they recognize the MNLF before any other organization as they
have worked together for many years. And that is the concern. After
all the hardship, all the sacrifices that other groups have gone through
and the biggest one, of course, has been the MNLF, all the sacrifices
that they have made to bring their group to the negotiating table with
the government. And, finally, to come up with a formula, a solution
with the government that they should now be somehow excluded from
the process of forming the government and finally be coming part of
that government.
Yes, Usec Lorena.
After, Usec, please keep it brief, we have many groups to hear.
MR. LORENA.
Yes, Mr. Chairman.
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SEN. A. CAYETANO.
Mr. Chair, if I may request just a quick
answer also whether the OPAPP and the peace panel feel that the
ARMM was a success or a failure.
MS. CORONEL-FERRER.
We wish that we will have more time
to answer all the questions because the questions have gone off in so
many different ways and all of which are very important concerns. But
certainly, one, sir, we just wish the BBL to be read.
When we talk
about the Bangsamoro government, it is not the MILF. It is the

Bangsamoro government. Therefore, all of these powers that are being
given to the Bangsamoro government are powers of the government,
not powers of the MILF.
reads on paper.
Yes, we understand what it
We have all read the law, Professor, the draft law.
From what experience we have as political persons who have been

through elections, who understand the cut and thrust of a political
campaign, who have experienced the different context from running as
an incumbent or running against an incumbent, we know very, very
well the differences in that and how that will influence the final result.
And that is why although on paper it looks like it will be an evenhanded
process, there is a fear that there is a potential that it be not an
evenhanded process.
That is why we are asking that we continue to

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be allowed to study this measure and be allowed to put into and clarify
as much detail as possible so that these concerns are properly
addressed.
I would like now to move on to the position paper of-MR. LORENA.
Mr. Chairman, can I just have two minutes?
Okay, two minutes, please,
Usec.
MR. LORENA.
Yes, I just like to put in context the negotiation
with the Moro Fronts.

community,
as
you
From the perspective of the international

mentioned,
and
from
the
perspective
of
government, I am a member of the MNLF negotiating panel in 96 and

MN, and I know the context because it started from the fifth ICFM or
the Islamic Conference of Foreign Minister which introduces the idea of
autonomy rather than independence which was captured already in the
Tripoli Agreement of 1996. Negotiation with the MNLF Fronts was not
a negotiation with the single front.
MNLF
and
the
MILF
as
one
But it is in the context that the
then,
now
became
two,
representative and the vanguard of the Bangsamoro people.
is
the
The
negotiation therefore for meaningful autonomy was not for the MILF
and neither is it for the MNLF but it is for the Bangsamoro because that
was the proposal of the Committee of the Four when the Committee of
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the Four interceded upon the request of the Government of the

Philippines during the time of President Ferdinand Marcos to move
from independence to autonomy.
The context therefore of the
negotiation with the MNLF and the MILF was for a meaningful
autonomygenuine, meaningful autonomy in the context of Resolution
18 that it would be just, comprehensive political solution through
negotiation. Within the context of Philippine sovereignty and territorial
integrity, that will be the first one.
The second one that Id like to address would be therefore the
negotiation in the crafting of the law is cumulative, dynamic and
progressive. This started from the signing of the Tripoli Agreement,
went into the constitutionalization of the autonomy, and with our
experience
in
Republic
Act
6734,
1954
toalso
started
from
Presidential Decree, Section 22. Now this is the idea, the search for a
more genuine and lasting autonomy. All the inputs of this law including
the agreements with the MNLF are put forward in a draft BBL because
it is better to come up with a new law than an amendment to the law,
thats the one.
Now, in answer to briefly--I said brief, sir. I would just answer
the question of my good friend, my paero, Senator Alan whether
autonomy is a failed autonomy.
Republic Act 9054 is not a failure but

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the failure of autonomy as a state is because there were gaps because

Republic Act 9054 came later after the signing of Republic Act 7160
which is the devolution to the local government, that is one. Second
failure was the failure to devolve the powers as provided for under
Republic Act 9054.
Because there was supposed to be an oversight
committee that will handle the devolution but neither the programs nor
the funds were devolved to the autonomy.
That is why in the draft
BBL, it is specific, the provisionthere has been a provision in 9054

which says equitable share from the general appropriations of the
national government to the ARMM. But that was never crafted into a
law and that equitable share was not given. That is why in the present
BBL, it has become more prescriptive and has become defined in order
that to correct the gaps not only in 6734, 9054 but in PD 1688 in order
that we can find a genuine, meaningful autonomy for the Bangsamoro.
I am not equating the BBL to MILF or to MNLF but as a Bangsamoro
because I am neither an MNLF or an MILF but I was a Bangsamoro
who assisted the MNLF in the negotiation of 1996. That is my
perspective. So I am not saying autonomy is a failure.
SEN. A. CAYETANO.
Mr. Chair, Secretary, lets preserve the
may I just reserve some time with Chairman Ferrer in future hearings
to discuss the ARMM failure so that we dont go ahead. But the point I
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wanted to make is that bottom line, maam, sa lahat ng sinabi natin

ngayon, hindi papayag ang MILF--kahit ilagay natin lahat ng kailangan
natin sa Bangsamoro Law--hindi sila papayag kung eleksiyon muna.
Papayag lang sila if we transfer power to them at nasa kanila na.
Because theres a difference between giving the Bangsamoro people
the kind of government, the kind of self-determination that they need
and want and giving the MILF the leadership. But let me leave that as
a hanging question that well answer after we listen to everyone and in
our future hearings. And maybe we can consult the MILF. Papayag ba
sila eleksiyon muna? Hindi ibibigay sa kanila iyong kapangyarihan but
then people will have to elect them to power. But we will give them,
their government, the powers that the region deserves.
Let me just
put that on record, Mr. Chair.

SEN. AQUINO.
Mr. Chairman?
Thank you, Senator
Cayetano.
Yes, Senator Aquino.
SEN. AQUINO.
think
na-mention
na
I just want to clarify that. So currently po, I

ni
Professor
Ferrer,
iyong
Bangsamoro
government iboboto po iyan nung Bangsamoro people.
And, of
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course, the MNLF can run, the MILF can run, anyone can actually run
as long as you are part of the Bangsamoro people, tama po?
Yes, for the record, Usec, can you respond?
MR. LORENA.
Yes. Many people in the Bangsamoro are now
preparing to run for the Bangsamoro government.

SEN. AQUINO.
Opo. And are they all MILF or MNLF or may
mga hindi rin MILF o MNLF na tatakbo?

MR. LORENA.
Yes, provided that they will qualify because
there are Bangsamoro who may have some case. But if they are
qualified, anybodyin fact, in the Bangsamoro now there are many
groups organizing their own political parties.
I myself has organized
my own because we are preparing for a Bangsamoro government that

could represent the-Thank you.
SEN. AQUINO.
Usec, let me ask. Kung hindi po kayo Muslim,
if you were an IP or even a Christian for that matter, can you run in
the Bangsamoro parliament?
MR. LORENA.
The Bangsamoro Basic Law does not say that
only Muslim can run. Everybody who is part of the Bangsamoro can
participate in a democratic process to elect the officials of the
government in the Bangsamoro.
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SEN. AQUINO.
Okay. And sa timeline po ng peace panel saka
ng OPAPP, kung mapasa po sa June ang BBL, this will happen kasabay
ng 2016 elections.
Iyon po iyong timeline ho na hinahain po ninyo,
that you are espousing?/rjo
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SEN. AQUINO. that you are espousing?

MR. LORENA.
First, Id like to state that even in the
postponement of the ARMM elections, it was categorically stated that

the reason for the postponement was to synchronize the elections in
2016. And the Supreme Court has decided that the reason why it was
allowed is because of synchronization between the national and
regional elections. Therefore, based on those premise, the election for
the Bangsamoro government will definitely have to be synchronized in
2016.
SEN. AQUINO. Okay. Kunyari po hindi kami matapos ng BBL
by Junelet me just put it out hypotheticallykung hindi po ito
matapos nang June, kailan po iyong magiging next elections niya?
Puwede ba siya sa 2017 o hihintayin po iyong 2019?
MR. LORENA.
First, we go by the law.
If there would be no
BBL, with the filing of the election, the Comelec is mandated to call for
the filing of the certificate of candidacy for the ARMM. And, therefore,
there would be an election for the ARMM and definitely, that is the
nature of the law.
SEN. AQUINO. So, magkakaroon po ng election sa ARMM kung
hindi po matutuloy ang BBL by June? Is that really a hard deadline in
June?
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MR. LORENA. Yes, because the law is the ARMM is still there.
SEN. AQUINO. Opo.
MR. LORENA. Until the BBL is passed.
SEN. AQUINO.
Lets say napasa ang BBL January 2016, for
example lang ho, January 2016, can you then call for an election as
soon as possible or hindi ho uwede?
MR. LORENA. I will leave that to the road map of
SEN. AQUINO. We just want to know.
Professor Ferrer, yes.
MS. CORONEL-FERRER.
Yes, Your Honor.
The filing of
candidacy begins in October and, therefore, it should be open to all

positions including the ARMM, if the law is not there. But there might
be some adjustments if the law is passed. Remember, there will still
be a plebiscite.
SEN. AQUINO. Yes.
MS. CORONEL-FERRER.
And that is why we are working on
the best scenario which is June which would allow the Comelec enough
time to prepare for the plebiscite hopefully by October.
But in any
case, once the law is passed even in July or August, then we would
know that the ARMM will be replaced by the Bangsamoro and some
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other adjustments might have to be provided in the law as far as filing

of candidacy would be concerned.
SEN. AQUINO. Okay. So, technically, because its a separate
law, the BBL can say, Iyong election, correct me if Im wrong, ha, if
the BBL says The elections will be February 2017, is that possible or
hindi ho possible iyan?
Kailangan hong sumabay siya sa national
elections?
MS. CORONEL-FERRER.
Sa transitory measure, it might be
possible, it might be acceptable.
But in the end, if the election is
2017, it will be a shorter term because they will have to be

synchronized with the 2019 elections.
SEN. AQUINO.
So, whatever happens ho, may election nang
2019 rin kasi at 2016 for the ARMM.

MS. CORONEL-FERRER. In order to meet the synchronization
requirements.
SEN. AQUINO. What Im thinking ho kasi is iyong concern ho
ng mga ibang senador kahit ho ng media is that transition commission.
But technically, dito po sa current timings natin, napakaikli lang talaga
nang panahon na may transition commission tayo because lets say
mapasa po ito ng June, maging batas ng July, by October may filing of
candidacy na, election na iyon.
So, your transition commission is

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actually quite short. Its just actually a few months kung tutuusin po.
Wala pang isang taon technically.
Now, thats a concern by a lot ofI think Senator Cayetano had
already left, nostated his concern na itong transition commission
daw po ay MILF lang ang laman. But actually, its not even for a very
long time. Its only for a short time. If the process is prolonged, iyong
transition commission nyo could actually be longer.
Baka mas
mahaba pa.
Now, my question, Professor, is one concern that was raised was
hindi multisectoral iyong transition commission. Can you comment on
that?
Thats my only question, Mr. Chairman, that this is not a
multisectoral commission and that, you know, some legislators, some

people, of course, in the media are asking that You include more
individuals. Kasama na po ang MNLF doon sa transition commission.
If you could kindly give a comment on that, please.
MS. CORONEL-FERRER. Thank you, Your Honor.
Ito po iyong Bangsamoro Transition Authority, not to be
confused with the Bangsamoro Transition Commission which drafted
the BBL.
SEN. AQUINO.
So, the BTA, the Bangsamoro Transition
Authority.
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MS. CORONEL-FERRER. As I was saying earlier, Your Honor,

the President will be making the appointment. Thats the power that
hell be given in the law. And, therefore, the President will make sure
that the membership will be inclusive.
After all, its quite a big
number. I think in the law, it provides for 50 members. In fact, we

have even had representations from the RLA, the currently elected RLA
that they be carried over to this BTA. And that is a feasibility that can
very well happen. But at the end of the day, it is the President who
considers inclusivity a very important foundation of this whole process
who will be appointing the members of the BTA.
SEN. AQUINO.
Well, Professor Ferrer, kung ganoon rin lang
pala, what about if we already put it in the law, if we already, you

know, put some lines in the law that assures inclusivity, assures that
certain groups will be included? Hindi lang po MNLF iyong nagsabi na
they want to be part of the BTA.
Even mga IP groups have stated
that, some civil society groups have also stated that, women and
youth. Would it be so, you know, contrary to the goals of the BBL if
we just included some of those provisions in that provision about the
BTA?
MS. CORONEL-FERRER. No, Your Honor. In fact, that would
probably address the concerns. I think the MILF is not averse to that
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position. What it is saying that it will certainly play a significant role

but it will not be the only player even during this very short remaining
period for the transition.
SEN. AQUINO. Well, thank you for that, Professor Ferrer.
So, Mr. Chairman, just to clarify, I think what was mentioned
was that we are open to having this BTA to be more inclusive as what
Senator Cayetano had mentioned earlier.
Thank you, Senator Bam
Aquino.
Because it is very easy to get into this question and answer
process which has delayed now our hearing of the position of the other
leaders, let us move now to the position paper, the manifesto and
position paper that has been given to the committee by the MNLF
Bangsamoro Republic group.
The manifesto is signed by Atty.
Emmanuel Fontanilla but I do not see him here today. So, I ask the
other representatives who would like to speak to explain to the
committee the position of the MNLF Bangsamoro Republic.
MR. GUMBAHALI.
Your Honor, I was the one asked to
represent the team because they were not able to make it in Manila.
THE CHAIRMAN (SEN. MARCOS). Okay.
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MR. GUMBAHALI.
However, as to the position paper of
Fontanilla, it was not mentioned in the meeting yesterday with Ustadz

Baki and Atty. Bong Parcasio. However, I was informed to inform you,
Your Honor, that Atty. Bong Parcasio has already submitted the
position paper through e-mail po.
I wasnt able to get a copy but
accordingly, it was already

THE CHAIRMAN (SEN. MARCOS). Okay. Neither do we have
a copy of that particular document.
But nevertheless, we have you
here. Could you, the spokesman for this hearing, for the record, Mr.
Edmund Gumbahali, who is the head of the national secretariat, either
you or you appoint someone, designate someone to speak.
MR. GUMBAHALI. Yes, Your Honor. I can give some unofficial
lines as we talked yesterday with the senior leaders of the MNLF.
We would much prefer if
they were official so that we know very well what exactly is the
position because we can do very little with the unofficial positions.
MR. GUMBAHALI. Yes, Your Honor.
THE CHAIRMAN (SEN. MARCOS). And we can work only on
stated official positions.
MR. GUMBAHALI. Yes, Your Honor. On the basis of a copy of
the position letter sent by Atty. Bong Parcasio of which I regret I did
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not have a copy but it was already sent to you, some lines stated like
this. First, if you would ask
THE CHAIRMAN (SEN. MARCOS). I am afraid we do not have
that document.
MR. GUMBAHALI. I will have it
I have not seen it and I
have just asked the committee staff and we do not seem to have that
document. Is there a way that we can
MR. GUMBAHALI.
Yes, I will try to contact Atty. Parcasio so
that we can catch up to give a copy. But Your Honor, I would like to
say a few words on behalf of our senior leaders. . . (nam)
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MR. GUMBAHALI.
senior leaders that we met yesterday,
first, if we would ask all the senior leaders of the MNLF and the
common stand of the MNLF, we can always read that the MNLF has
alreadythe peace agreement. And if you would dig deeper onto the
hearts, they are not happy with the BBL.
Lets not leave an
environment of hypocrisy and confusion.

However, in the case for peace, the MNLF maintains sobriety.
Nandiyan na iyan. Thats why we appeared in the hearing in order to
harness what is there. That is the main point, Your Honor. And the
only logical lines that I heard yesterday with our meeting is, there is
really a need to extend the process notwithstanding the demand for
the time frame. By extending the process, more wisdom will come in
and it would fulfill the promise of inclusivity as promised by the BBL, as
promised by the architects of the BBL.
So with that process, I think the wisdom of the Senate can go
through and there are so many brighter ideas that came in.
It was
only today that we expect the MNLF can be heard in this particular
forum. Because the MNLF, with the BCF, the Bangsamoro Coordinating
Forum of which they seek together with the MNLF, MILF and the OIC
and I was there, I witnessed all the meetings. The OIC has called for a
synergy of this political agenda. But very sad to say, Your Honor, the
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MNLF has submitted the 42 consensus agreement already.
But
according to the statement of the MILF, the bandwagon is already full

and it is now running towards the Congress and the Senate. And there
is no way for some other passengers like an analogy to that can still
board.
Now, the most important thing, Your Honor, is the process. As a
matter of fact, we have the Office of the Presidential Adviser on the
Peace Process.
When we say process, all should not be done in
haste. Thats why our senior leaders are so much confused. Why push
BBL in a very short period of time? As you can see in Sulu, there are
lots of people telling you, Your Honor, that they dont even know and
interpret the language of this basic law.
I think I have to cut my statement.
I will contact Atty. Bong
Parcasio so that I can access to the copy. And Im sure that copy was
also read and seen by Chairman Nur Misuari who is in Sulu now.
Your Honor, please give me around 10 minutes to contact Atty.
Bong Parcasio so that we can have the copy of that official
communique.
Maraming salamat po.
Maraming salamat, Mr.
Gumbahali. And for the comments, we await.
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As I said, we have these two documents:
One is a manifesto
from Atty. Fontanilla; the other is a position paper also from Atty.
Fontanilla. Is this reflective of the official position of your group?
Before you answer, Id like to acknowledge the arrival of Senator
JV Ejercito.
So Mr. Gumbahali, what isagain, these two documents that I
mentioned, are they reflective of the position that thewell, I will call
them the Nur Misuari group has taken.
MR. GUMBAHALI.
Yes,
Your
Honor.
Based on
our
conversation yesterday, the only official communique that is being

allowed by Chairman Nur was the communique he sent through Atty.
Bong Parcasio and the rest would be the initiatives. Because the MNLF
now is welcoming and opening all its door to all initiatives who really
wanted to contribute to peace in Mindanao, anybody can just do
everything for as long as it is for the good of the people of Mindanao.
So for Atty. Fontanilla, it would be his personal opinion, Your
Honor.
Very well.
What we need is the official position of the group that is headed

by Chairman Nur Misuari.
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So we will move on now to listen to the position and the letters

that have been given us
We are in receipt of a letter from the MNLF Islamic Command
Council. So we would like to hear from them as to what their positon
is on the BBL.
Who would like to go through the position that we have here
before us?
The Chairman MNLF ICC, Habib Mujahab Hashim.
Chairman, please go ahead.
MR. HASHIM.
Bismilah hir-Rahman nir-Rahim.
Assalamu
alaikum wa rahmatullahita Allah wa barakatuh. Peace be unto you.

Honorable Chairman of the Committee on the BBL, Honorable
Senator Bongbong Marcos, Senator JV Ejercito and Senator Bam
Aquino.
Your Honor, the framework agreement stipulates the creation of
Bangsamoro government in the five provinces namely: Basilan,
Maguindanao, Lanao Sur, Sulu, Tawi-Tawi and the cities of Marawi,
Cotabato, Isabela and six municipalities of the province of Lanao del
Norte and many barangays in six municipalities of North Cotabato.
These provinces and cities, Your Honor, are all covered by the
1976 Tripoli Agreement and the 1996 Peace Agreement. These areas
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are represented by the MNLF and the MILF. They covered the same
territory. Surely, the implementation of the CAB or framework
agreement will nullify the two previous agreements: 1976 Tripoli
Agreement and Jakarta Accord of 1996.
The 1976 Tripoli Agreement and its mechanism and the 1996
Peace Agreement is an international agreement that has the character
of a treaty.
It guarantees the national sovereignty and territorial
integrity of the Republic of the Philippines.
No less than the 50
members-states of the Organization of Islamic Cooperation have

recognized the territorial integrity of the Republic of the Philippines.
The abrogation of these two agreements will work to the detriment of
the Republic of the Philippines.
The existence of the Autonomous Region in Muslim Mindanao is
by virtue of the 1976 Tripoli Agreement. The dissolution of ARMM will
mean the dissolution of the two agreements: the 1976 Tripoli
Agreement provides in Article XVI thereof that the government of the
Philippines shall take on necessary constitutional process in the
implementation of the entire agreement. Indeed the 1987 Philippine
Constitution honor its commitment to an international agreement by
including in the Constitution the creation of Autonomous Region in
Muslim Mindanao.
No less than the Constitution has guaranteed the
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existence of ARMM.
Congress cannot abolish ARMM without running
afoul of the Constitution.

Section 2 of Article II of the Philippine Constitution provides that
the Philippines renounces war as an instrument of national policy,
adopts the generally accepted principles of international law as part of
the law of the land and adheres to the policy/cmn
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MR. HASHIM.
to the policy of peace, equality, justice,
freedom, cooperation and amity with all nations. The principles of

international law include respect for international agreements, like the
1976 Tripoli Agreement and 1996 Jakarta Accord.
The abrogation of these two international agreements, though
both involved the same parties, will mean repudiation of the general
accepted principles of international law as part of the law of the land.
The Tripoli Agreement is the legacy of the late President
Ferdinand Marcos.
We would like to call your attention that
historically, from the beginning since the time of the Commonwealth

Government of Manuel L. Quezon, no president has dared to entered
into peace agreement except Ferdinand Marcos. The President thought
of that idea forging the peace with the Moro National Liberation Front.
The passage of the BBL will put an end to the legacy of President
Marcos. And in view of that, our people, the Mujahidin who are still in
the mountains of Mindanao and in the Sulu islands, may run out of
options, and that is, they may go back to the original demand for
independence. Because independencewhen the MNLF body declared
an independence in 1974, the President, then Ferdinand Marcos, your
good father, Your Honor, contacted the committee of four of the OIC
offering anything under the sun, except independence. So autonomy
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the Bangsamoro people or the Mujahidin, the MNLF did not ask for
autonomy. It was offered to the MNLF and our people. Now that the
autonomy has agreed that the Tripoli Agreement is being abrogated
with the passage of BBL, we are sorry to inform you that the passage
of BBL, instead of having lasting peace, we may go back to the status
quo before the signing of the Tripoli Agreement.
People in Sulu and even some parts of Mindanao are agitating
that the Tripoli Agreement be fully implemented, not only in the five
provinces of ARMM but the whole 13, now 15 provinces. Unless this is
addressed, the dream of having lasting peace in Mindanao would
remain a dream.
And we would like also to inform you, Your Honors, that the
MNLF, notwithstanding the fact that it is being sidelined by the ongoing
peace process, is committed to the Tripoli Agreement.
So assuming
that ARMM law would be abrogated, we are asking this government to

make its position clear.
Does the abrogation of the ARMM law as
provided in the proposed BBL law mean the abrogation of the two
previous agreements?
We beg to disagree, Your Honors, because in the Tripoli
Agreement, to abrogate the Tripoli Agreement which is an international
agreement, represented by three parties--the OIC, the MNLF and the
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Philippine Government--its abrogation cannot be done by one party.

Such abrogation shall be agreed by the three parties.
The MNLF and the OIC are not yet ready to abrogate the Tripoli
Agreement.
You may do so, you may abrogate Republic Act 9054 but
that is only a creation of Congress.
And Republic Act 9054 is a
unilateral action on the part of the Philippine Government. The MNLF

was not involved in the framing of the Republic Act 9054. In
the
name of peace, when the 1996 peace agreement was signed, Brother
Nur--the MNLF as headed by Brother Nur agreed to assume the
leadership of the ARMM.
The present problem now, Your Honors, is the people of Sulu,
among the tribes of Southern Philippines, the most valiant people who
resisted more than 300 years of colonization, of invasion by Spain, 47
years by America and now we are still a colony of the Republic of the
Philippines are the Tausug. Tausug is not a tribe. Tausug is a nation.
And going to the Bangsamoro Government or Bangsamoro as our
identity, there are now leaders of the MNLF, local leaders and national
leaders, thinking of even at this point of time before the passage of the
BBL,
to
disassociate
Bangsamoro mission.
themselves
from
the
term
Bangsamoro,
Soon there will be a Tausug nation or Tausug
nation.
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The Tausug nation is now talking to the Sultanate of Sulu. When

you say the territory of Sultanate of Sulu, Bangsamoro nation covers
Zamboanga Peninsula, Basilan, Sulu, Tawi-Tawi to Palawan and up to
Spratly Islands. Talking of Spratly Islands, it belongs to the Sultanate
of Sulu.
It was only given as a gift to the Emperor of China then,
during the Ming Dynasty.
Spratly Island does not belong to the
Philippines; it really belongs to the Sultanate of Sulu. And Sultanate of

Sulu is intact. When the exercise of sovereigntysovereignty cannot
be transferred.
But the sovereignty or the exercise of power of the
Sultanate of Sulu is being suspended because we are, with due

respect, under the colonial rule of Imperial Manila.
Going back again, I would like to share my idea on some points
raised by my good brother Abul Khayr Alonto, that the MNLF is solely
thethat
the
heads
assumed
leadership
of
the
Moro
National
Liberation Front, I beg to disagree. Majority of the senior leaders of

the MNLF and the MNLF was not bent in joining the government. I am
referring to Mujahidin fighters in Sulu in Mindanao. They are still loyal
to the leadership of Nur Misuari.
So
Nur Misuari cannot--cannot be
discounted on the present BBL.

So our position, Your Honors, is we are against the BBL and the
Bangsamoro
Comprehensive
Agreement.
Because
the
term
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comprehensive
is
misleading.
It
would
appear--does
this
comprehensive agreement represents the whole people or the whole

Bangsamoro people? No, it does not. With due respect, our brothers
in the MI are still in the minority. Forcing our people to accept the BBL
may result in a negative reaction on the part of our people. We cannot
agree that the Bangsamoro people be identified with the MILF. They
are also Bangsamoro people.
But before it will pass and after the passage of the BBL, if indeed
it will go through, we cannot guarantee unless our good friend here
and also the chairman of the peace panel could guarantee in writing
that upon passage of the law, there will be lasting peace in Mindanao.
For us and for me, my idea is being served by the majority of the
leaders of the Moro National Liberation Front, both Splinter and also
with the main Moro National Liberation Front.
This is not a warning, Your Honors, but we would like just to
express our sentiments on the issue. Unfortunately this is my first and
last cts
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MR. HASHIM. my first and last to appear before this august

body.
I have been invited in Congress and also I think in this august
body, in the Senate. But my lawyers advised me that if you will appear
in the hearing, then your stand which is pending in the Supreme Court
I join the opposition or
petition to the Supreme Court nullifying the
framework agreement as unconstitutional and
illegal. Of course,
you
are the lawmakers. Of course, you know how to make illegal into legal.
But, again, I would like to reiterate our position. We are vehemently
opposed to the BBL. I hope Congress or Senate will reject BBL. And we
can go back, for the time being pending final solution to the issue, why
not retain ARMM or go back the old setup of Regions IX and XII? Five
provinces in Region XII and five provinces in Region IX.
It was
implemented and legally constituted because it went through the

process. Plebiscite has been conducted on the 13 provinces and
came out.
10
That would be a better compromise than passing the BBL
which is divisive in nature.

The MNLF in this present process, ongoing process, is the
aggrieved party. We have been deliberately left out of the process. As
early as 2004 when the talk startedI may have forgotten but I have
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talked to the secretary of the OPAPP. I said, Why not allow a

representative of the MNLF to sit down in the ongoing talks even as an
observer only to avoid future conflict? Because we are here. We are
occupying the same territory. We belong to the same people and there is
another agreement. The Philippine government should have thought of
terminating the first agreement if that was the intention. But it has been
declared a failed experiment, referring to ARMM, of course.
Now, with the passage of BBL, could the peace panel from the
government guaranty that we will not be declared by the future
president or administration as a failed experiment? I am afraid it might
be. And for our brothers in the MI, talking or reaching an agreement, I
have been the chief negotiator when I negotiated with your mother, Your
Honor, Corazon Aquino, in 1987. It is not so difficult to reach an
agreement. What is
most difficult is the implementation. Just like the
Tripoli Agreement in 1996, we were tricked into believing. There were

deceptions on the part of the Philippine government. I hope the
government will be sincere enough with respect to its ongoing peace
talks with the MILF.
If they will be tricked again, our brothers in the
MILF, we are opening our doors, the doors of the MNLF for them to join
us and move forward for an independent Bangsamoro Republic.
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Thank you.
THE CHAIRMAN (SEN. MARCOS). Chairman, is that the extent
of yourAre you finished?
MR. HASHIM. Yes, Your Honor.
THE CHAIRMAN (SEN. MARCOS). Thank you very much,
Chairman Habib Mujahab Hashim, for a very clear and forthright
expression of your opinion. If I understand correctly, it is your position
that the abrogation of both
the Tripoli Agreement
and the Jakarta
Agreement is implied by the framework agreement with the MILF and

that you oppose or against the passage of the BBL on that basis and that
you feel that the Tripoli Agreement
should still hold sway over the
dealings of the government with the Bangsamoro. So with that

SEN. AQUINO. Mr. Chairman.
THE CHAIRMAN (SEN. MARCOS). Yes, Senator Aquino.
SEN. AQUINO. May I be clarified, Mr. Chairman?
Ano po iyong mga parte ng Tripoli Agreement na mapapawalang
bisa po kapag napasa po iyong BBL?
MR. HASHIM. Iyong lahat
po ng mga provisions which remain
unimplemented. What we have been asking is
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SEN. AQUINO. Can you be specific po, Mr. Chairman? I just also
want to know kung ano ho exactly.
MR. HASHIM. Well, among the provisions iyong pagkakaroon ng
provisional government. Also on wealth sharing, although we have
discussed it with the MILF.
So ibalik ko doon. Hindi pa nga natapos iyong sa tripartite review
on the unimplemented provisions of the agreement, nagkakaroon na po
nitong another agreement with the BBL.
SEN. AQUINO. Opo. For example, sa wealth sharing ho. Iyong
wealth sharing sa BBL, is it less than the one in the Tripoli Agreement?
MR. HASHIM. Well, in the
wealth sharing of the BBL, medyo
nakalamang. Its better iyong wealth sharing between the MILF and the
Philippine government.
SEN. AQUINO. Okay. So mas maganda po iyong wealth sharing
sa BBL.
MR. HASHIM. Oo, wealth sharing, but
SEN. AQUINO. No, with the Bangsamoro government.
MR. HASHIM. With the Bangsamoro government.
SEN. AQUINO. No, Mr. Chairman, kaklaruhin ko, with the
Bangsamoro government?
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MR. HASHIM. Yes, with the Bangsamoro government.

SEN. AQUINO. Okay. Which the MNLF can also participate in the
elections?
MR. HASHIM. Yes, but there is a pre-condition about that.
Meaning, that the MNLF should have a voice in the ongoing peace talk
and a representation in the future government.
SEN. AQUINO. Opo. Mr. Chairman, I agree there that the MNLF
should be part of the transitional authority. But I just want to go into
specifics po.
Iyong wealth sharing po sa BBL, technically mas aggressive kaysa
doon sa Tripoli Agreement.
MR. HASHIM. Oo.
SEN. AQUINO. Ano po iyong mga
aspeto ng BBL na nadehado
with regard to the Tripoli Agreement?

MR. HASHIM. Well, on the BBL
also, we are opposed to the
formation ofOn the form of government, we are opposed to that. That

is offering a certain section, a small section of the Bangsamoro Republic
providing them another form of government, federal.
In our own view, it would have been better if the whole Republic of
the Philippines, the Constitution be amended and have a federal form of
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government in the whole of the Philippines not only in that certain area
which is supposed to be handed over to the MILF.
SEN. AQUINO. Actually, a lot of senators are also supporting that
po na kapag nagka-constitutional change, we move to a federal form of
government. But I just want to understand, is the opposition with regard
to form or with regard to benefits?
MR. HASHIM. With regard to the form of government. We are not
ready to go into a federal form of government. That will entail troubles in
the future. We have a presidential form of government. Why have a
certain part of the territory of the Philippines be given federalism? There
seems to be a conflict there. We have a presidential system. If you want
a federal type of government, why not amend the
Philippine
Constitution? Change the system from presidential to a parliamentary

form of government. Kung magkakaroon ng ganoon, walang masasaktan
diyan. So it will serve the whole citizens of the Republic of the
Philippines, from Luzon to Sulu.
SEN. AQUINO. Thank you, Chairman.
So ang concern ho natin is really the representation at the end. Is
it the powers and benefits or its the representation po? Iyon po iyong
gusto kong malaman.
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MR. HASHIM. Sa representation. Iyong benefits, okay na iyong

mga benefits assuming na magkakaroon. But our appeal still is, kung
maaari lang, but I know it is highly improbable, if not impossible, tuloy
na tuloy iyong BBL considering the support of the President behind the
passage of the BBL. But mas mabuti siguro na itanggal lahat ngall
those provisions which are contrary to law or unconstitutional be
deleted.
SEN. AQUINO. Opo. Well, currently ho kasi
why were having hearings is
I think the reason
so that we can, you know, decide later
onMy fellow senators are herekung ano po iyong final form po nito.
And ako, personally, Im trying to really look at all of the provisions,
kung mayroon pong unconstitutional or mayrooong nakakatanggal
mga dapat na ibigay na kapangyarihan para
sa
sa mga kapatid nating
Muslim or Bangsamoro. So I want to understand /ngdizon
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SEN. AQUINO.
I want to understand. The concern with the
Tripoli Agreement is that the form, as stated in the BBL, sa tingin ho

ninyo, hindi ho siya iyong tamang porma. Pero pagdating po sa mga
kapangyarihan at benefits na ibinibigay sa Bangsamoro at hindi lang
po sa MILF pero sa buong Bangsamoro, mukhang sapat naman po ang
mga kapangyarihang ito.
MR. HASHIM.
Tama. Sapat po iyon pero ang problema diyan
ay iyongthis BBL or Bangsamoro Basic Law, selective. I would say it

is in favor of the chosen few.
SEN. AQUINO.
Opo, we take that into consideration, Mr.
Chairman. And ako po, I can assure that we are really studying the
provisions on how to make it more inclusive which I think all of the
senators are hoping for.
So thank you very much, Mr. Chairman. Salamat po sa mga
sagot.
May I ask OPAPPor I dont know if there is a constitutionalist
here. But, by passing this law, are we abrogating the Tripoli
Agreement? Is that an interpretation that maybe the Supreme Court
might decide or talaga ba hong nabalewala po iyong agreement pong
iyon?
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MR. LORENA.
No. Actually, we are not abrogating any
agreement, whether the 1976 Tripoli Agreement or the 1996 Final

Peace Agreement.
And would like to put on record that the Tripoli Agreement was
just a framework agreement. You look from Item 1, Section 1 to
Section 16 of the Tripoli Agreement, there were really provision that
says, That this provision will be discussed by a mixed committee. So
there was no finality in the provisions of the Tripoli Agreement. That is
why
SEN. AQUINO.
So you were saying po, Usec, na hindi ito
treaty?
MR. LORENA.
Well, remember there is a mention a while ago
that Article II provides that international agreements are part of the

law of the land. That being so, that is a subject to amendments.
Because there is a case, in Abbas versus Comelec, and the Supreme
Court has already decided that the agreements can be amended by
Congress because it is part of the law of the land. But there is also an
implication there that all these agreements were not treaties. So that
is the one that I would like to put in.
Thank you.
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It takes on the form of a
treaty because it was an agreement negotiated between two sovereign

states and the heads of states of the those two sovereign states, in the
persons of my father, when he was president and Gaddafi when he
was the president of Libya. And that is why it has taken on some of the
characteristics of an international treaty.
The framework agreement on the other hand is an agreement
between a group of Filipinos with the government. A revolutionary
group but, nevertheless, a group that is Filipino. So the involvement of
any other sovereign states as facilitators to help along in the process
but it was not negotiated with, for example, Malaysia, whereas the
Tripoli Agreement was negotiated with Libya as one of the parties
involved.
So I would like now to move on to the next position paper that
we are in receipt of, which is position paper of Chairman Sema of the
Moro National Liberation Front Central Committee. I believe Atty. Omar
Sema is going to present the position paper to the Committee today.
Is it you, Attorney?
MR. SEMA.
Good afternoon, Your Honor.
Good afternoon, Attorney,
please proceed.
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MR. SEMA.
In behalf of the Central Committee of the Moro
National Liberation Front, the leadership here would like to ask for
forgiveness for Chairman Muslimin Semas failure to attend this very
important hearing. He and Vice Chairman Hatimil Hassan are now
preparing for a very important travel abroad, which will culminate in
the Islamic Conference of Foreign Ministers in Kuwait.
Be that as it may, Your Honor, the chairman has authorized this
leadership present here, particularly Secretary General Abdul Sahrin to
deliver his opening statement, the statement which was actually
delivered by Chairman Muslimin Sema, for consistencys sake in the
House of Representatives Ad Hoc Committee on the Bangsamoro Basic
Law.
May I now pass the microphone to the secretary general, Your
Honor?
Very well.
Secretary General Abdul Sahrin will be reading the opening

statement as made by Chairman Muslimin Sema.
Secretary General Sahrin, will you please proceed?
MR. SAHRIN.
Thank you, Your Honor.
Before I proceed, I would like to introduce to this august body

the distinguished members of the MNLF Sema group: Abi Bakrin
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Lukmanraise your hand, please; deputy secretary for political affairs,

Haji Alvarez Isnaji; former chief of the Northern Mindanao Command
and chairman of Al-Fatah group, Abu Ambri Taddik; deputy secretary
general for military affairs, Awad Hamid; chairman of national
treasury, central committee, Abul Gadjir Ismael; chief national field
command, Ustadz Mahmur Hasanul; director of training, general staff,
Bangsamoro Armed Forces, Silbi Tiblani; commanding general, national
striking forces, MNLF Bangsamoro Armed Forces, Acarab Rasdi; deputy
secretary general for administration, Lacson Sawadjaan; politicalmilitary coordinator of Basilan State Revolutionary Committee, Baginda
Ali; liaison officer, Northern Mindanao Command, Nazir Kuddah; junior
officer, special coordinators, Atty. Omar Sema, legal counsel, MNLF
Central Committee; Utoh Salem Cutan, chairman, South Cotabato
Revolutionary Committee.
Mr. Chairman
Thank you, Secretary
General, and we welcome all of the officials to the Senate and this
hearing of the Committee on Local Government on the BBL.
Please proceed, Secretary General.
MR. SAHRIN.
Thank you, Your Honor.
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Mr. Chairman, Your Honor, please allow us to extend to you and

the respective members of the Committee on Local Government;
Peace, Unification and Reconciliation and your other guests and visitors
our greetings of peace.
Assalamu Alaikum Wa Rahmatullahi Wa Barakatuh.
Mr. Chairman, the leadership of the Moro National Liberation
Front is honored by the invitation of the Senate Committee on Local
Government; Peace, Unification and Reconciliation in this hearing on
the proposed Bangsamoro Basic Law. As expressed by Chairman
Muslimin Sema in the January 20, 2015 hearing of the House of
Representatives Ad Hoc Committee on Bangsamoro Basic Law, this is
an opportunity to share our prespectives and insights on the current
legislation of a new law for the Bangsamoro autonomy and this august
body may be pleased with our presence here today, in full force under
authority of Chairman Sema, as an indication of our continyuing
commitment to the peace process.
Mr. Chairman, please take note that for the sake of consistency,
this opening statement is a reproduction and reiteration of Chairman
Muslimin Semas opening statement in the January 20, 2015 House of
Rerpresentatives
Ad
Hoc
Committee
hearing
in
which
he
comprehensively expressed/mjp
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MR. SAHRIN.
comprehensively expressed our collective
outlook on the Comprehensive Agreement on the Bangsamoro and on

the current legislative process.
Thus,
we
say
once
again,
the
MNLF
recognizes
the
Comprehensive Agreement on the Bangsamoro of 2012 and the

Bangsamoro Basic Law (BBL) as a partial implementation of the
historic 1976 Tripoli Agreement and the 1996 Final Peace Agreement
between the Government of the Philippines and the Moro National
Liberation Front under the generous auspices of the Organization of
Islamic Conference, the Organization of Islamic Cooperation (OIC). As
such, there is a need of linking the CAB and the Bangsamoro Basic Law
with the 1976 and 1996 agreements as means to preserve the gains of
the Moro people under the two international agreements.
Our position is very clear and known to our brothers in the MILF,
and it is in consonance with the strong endorsement of the OIC in their
various resolutions.
Anent this matter, even the secretary general of
the OIC has come out of his own way to personally relay our shared
position not only to the leaders of the Congress of the Philippines but
more importantly to the President of the Republic of the Philippines.
Also, our brothers in the MILF have expressly recognized our position
during
the
14
November
2014
meeting
of
the
Bangsamoro
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Coordinating Forum and, pursuant thereto, they declared in our Joint

Communique their respect and recognition of our right to pursue the
full implementation of the 1996 Final Peace Agreement.
Nonetheless, we take notice that what we said in the January 20,
2015 hearing of the House of Representatives Ad Hoc Committee on
the BBL may have lost its meaning and significance after the January
25, 2015 Mamasapano encounter.
The said incident undoubtedly
strained the legislation of the BBL by hindering Congress time table

and caused the premature rejection of the legislative measure to
exponentially grow at a national scale.
Be that as it may, we remain optimistic of this present hearing
and the good that may come out of it.
We hope that at the end of the
day, we shall have reiterated our position on the ongoing legislative

process, and imparted sufficient inputs to guide this respectable
committee in striking a balance between crafting a good law that will
replace Republic Act 9054 otherwise known as Expanded Organic Act
for Muslim Mindanao whether by repeal or otherwise and at the same
time preserving the gains of the peace agreements the MNLF have
signed with the Government of the Philippines.
At the outset, it is worthwhile to remember that the Moro
National Liberation Front (MNLF), including what would constitute as
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the core membership of the Moro Islamic Liberation Front (MILF),

signed with the Government of the Philippines the historic Tripoli
Agreement of 1976 in Tripoli, Libya.
This agreement grants to the
Moro people political autonomy in 13 provinces and nine cities in

Mindanao, Sulu and Palawan in consonance with Resolution No. 4 of
the Fourth Islamic Conference in Benghazi, Libya; and Resolution No.
18 in the Fifth Islamic Conference in Kuala Lumpur, Malaysia. These
resolutions became the fundamental basis for finding a just and lasting
political solution to the problem in southern Philippines.
However, no less than the 10th Islamic Conference of Foreign
Ministers meeting in Fez, Kingdom of Morocco, strongly deplored the
non-abidance of the Government of the Philippines under past
Philippine President Ferdinand Marcos of the provisions of the Tripoli
Accord, which is considered a sound basis for the solution of the
problem of the Muslims of the Philippines, within the framework of
national unity and sovereignty.
Right
after
the
1986
EDSA
Revolution,
the
revolutionary
government of President Corazon Aquino crafted the 1987 Constitution

particularly embedding in Article X thereof the principles of autonomy
for our homeland as agreed upon in the 1976 Tripoli Agreement paving
the way for the creation of the Autonomous Region in Muslim Mindanao
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(ARMM) under Republic Act 6734, otherwise known as the Organic Act
for Muslim Mindanao.
After the plebiscite in 1989, ARMM was composed of four
provinces namely: Maguindanao, Lanao del Sur, Sulu and Tawi-Tawi.
The provisions of Republic Act 6734 and the geographical extent of the
ARMM under that law fell short of the promise announced by Cory
Aquino during her meeting with the leadership of the MNLF in
September 5, 1986 in the Island of Sulu.
In September 2, 1996 in Jakarta, Indonesia, the MNLF again
signed with the Government of the Philippines a final peace agreement
that put flesh to the letter and spirit of the 1976 Tripoli Agreement and
pursuant thereto the Philippine legislature amended Republic Act No.
6734 through Republic Act No. 9054. After the plebiscite of 2001, the
current Organic Act governing the ARMM now includes the province of
Basilan and its city, Lamitan and Marawi City in addition to the four
provinces that joined in 1989.
Mr. Chairman, the Organic Laws that were subjected to a
plebiscite that occurred in 1989 and 2001 were both rejected by the
MNLF on account of our counterparts non-compliance with the
important provisions of the peace agreements they were hinged on
and for lack of sufficient time for information and massive education to
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ensure its acceptance.
The MNLF, however, respected the will of the
people who joined the autonomy but incessantly persevered to work

peacefully towards full implementation of the 1976 Tripoli Agreement
and the 1996 Final Peace Agreement following the principle in
international law pacta sunt servanda.
It is unfortunate though, that nearly 20 years since the signing
of the 1996 Final Peace Agreement, the Moro National Liberation Front
was still insisting on the faithful implementation of the said Final Peace
Agreement.
The Secretary General noted in his report to the 33rd
Islamic Conference of Foreign Ministers that the Philippine Government

already violated the 1996 Peace Agreement unilaterally by disregarding
the MNLF participation as the principal party to the agreement, let
alone the OIC, in any plan of action, and that Phase two of the
September 2, 1996 Peace Agreement can never be implemented
because it enacted an organic act, RA 9054, as a solid stumbling block
rather than a means to implement the 1996 FPA.
The 33rd Islamic Conference/rjo
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MR. SAHRIN.
the 33rd Islamic Conference of Foreign
Ministers called for an urgent high-level tripartite meeting between the

OIC, the government of the Republic of the Philippines and the MNLF,
to review the implementation of the 1996 Peace Agreement and to
assess
the
progress
made
and
the
obstacles
facing
its
full
implementation. The tripartite meeting is also mandated to draw up

modalities for a new joint monitoring committee to observe the
implementation of the peace treaty and verify complaints in this regard
and facilitate agreed solutions to such complaints.
The 34th Islamic Conference of Foreign Ministers reiterated the
call to convene such meeting between the OIC Ministerial Peace
Committee, the government of the Republic of the Philippines and the
MNLF and the OIC general secretariat in accordance with the joint
communique issued by the government of the Philippines and the OIC
General Secretariats delegation on 9 March 2007 in Manila. The OIC
Peace Committee for Southern Philippines convened the first session of
the tripartite meeting in Jeddah, Kingdom of Saudi Arabia on 10-12
November 2007 which resulted to the establishment of five joint
working groups to review implementation based on assigned topics and
provide recommendations to move the implementation forward.
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As of this moment, the government of the Philippines and the

MNLF are currently stalled in the already protracted review of the
implementation of the 1996 Final Peace Agreement. In a seven-year
period, a span of time longer than the negotiation of the Final Peace
Agreement, we have achieved a decent 42 or so consensus points to
amend Republic Act 9054.
We also agreed to establish the
Bangsamoro Development Assistance Fund or BDAF and agreed

towards the creation of a Tripartite Implementation and Monitoring
Committee
(TIMC).
Unfortunately,
these
agreements
remain
unimplemented.
Mr. Chairman, despite all these international agreements and
their being constitutionally entrenched and eventually enacted into law
and while the MNLF and GPH were in the process of reviewing their
implementation, the government of the Philippines entered into
another series of agreements with the Moro Islamic Liberation Front.
And the Philippine government did so without even consulting the
leadership of their partner, the MNLF, and without regard to the
consequences that may result in the abrogation of the agreements
with the MNLF.
At the precise moment of signing of the Framework
Agreement on the Bangsamoro in 2011, the well-entrenched principle

of International Law rebus sic stantibus already came into operation.
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Thus, because of the change in circumstances, the MNLF had all the
reason to abandon its commitment to a peaceful political solution of
the problem in Southern Philippines.
Mr. Chairman, as you all know, some of the members of the
MNLF have already abandoned the path of peace and have taken up
arms against pursuing the original line we adopted prior to the 1976
Tripoli Agreement.
Nonetheless, most of us, particularly those who
have really seen the brutal effects of a full-scale war, remained

resolute and steadfast in the pursuit of the complete implementation of
the agreement we have signed with the government.
As far as the MNLF Central Committee under the leadership of
Chairman Sema is concerned, we are not against the Comprehensive
Agreement on the Bangsamoro and the Bangsamoro Basic Law in the
furtherance of peace in our homeland.
Comprehensive
Agreement
on
the
In fact, we see the
Bangsamoro
as
partial
implementation of the two international agreements that preceded it.

We are only apprehensive on how the government and the MILF will
dispense with the vital issues, more importantly with preserving the
gains of the 1976 Tripoli Agreement and the 1996 Final Peace
Agreement.
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Mr. Chairman, the MNLF believes that after having been deeply
entrenched in Article X of the 1987 Philippine Constitution, our peoples
gains under the 1976 Tripoli Agreement are not plain military and
political achievements but have evolved into becoming the guiding
principles in any discussion of a just and peaceful political alternative
to the desire of our people for self-governance. The well-entrenched
principle is the establishment of meaningful and genuine autonomy in
the 13 provinces and nine cities situated in Mindanao, Sulu and
Palawan. Along this line, we ask this august body to test the proposed
Bangsamoro Basic Law, which also provides for the establishment of
autonomy for our people and homeland in the light of the 1976 Tripoli
Agreement.
Inevitably, there are unavoidable related questions that need to
be answered. Most recurring among them is whether or not there is a
necessity to repeal the existing organic act, Republic Act 9054, and
whether or not it is appropriate and helpful to ask again our people to
join the new autonomy. In this context, it is our humble view that the
existing organic act, Republic Act 9054, need not be repealed but only
amended.
Likewise, there is no more need to subject the present
geographic composition of the autonomy to another plebiscite question

asking the people therein whether or not they will join the Bangsamoro
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considering after all that the ARMM is part of the real core Bangsamoro
homeland of 13 provinces and nine cities stipulated in the Tripoli
Agreement of 1976 and the people in the ARMM have already signified
their affirmation of their autonomy in two occasions.
There are other important issues that need to be resolved this
early.
Among them is the MNLF participation in the whole process.
Where is the MNLF in all of these considering it is the MNLF who

negotiated for our people the principles of autonomy laid down in the
1976 Tripoli Agreement.
Despite the Philippine governments statement in some fora that
we will not be left behind, we withstood the pains of not being
consulted in any of their actions vis--vis the affairs of our people.
And though the Philippine government invited us through personal,
individual and unofficial channels to join the Bangsamoro Transition
Commission (BTC) and participate in constructing the proposed
Bangsamoro Basic Law, we humbly resisted the offer considering we
are demanding for the resumption of the tripartite review of the
implementation of the 1996 Final Peace Agreement and accepting the
invitation amounts to abandonment of the Tripartite Review.
Furthermore, there are insinuations in the OPAPPs target plan
that the MNLF will also be made part of the Bangsamoro Transition
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Authority.
However, this portion of the BBL needs to be dealt with
together with our brothers in the MILF and with the GPH with the
participation of the OIC on the basis of a formulation founded firmly on
convergence and inclusivity in the law that shall embody all the peace
agreements concerning our homeland.
We have not discussed this
with the MILF, not even under the Bangsamoro Coordination Forum
which we forged together under the ambit of the OIC.
Nonetheless, the MNLF did not come before this august body to
simply register our position on the Bangsamoro Basic Law.
We are
present in body and spirit as a reminder to those who may have

forgotten that our people have sacrificed so much only to be on the
verge of losing what they have gained out of their sacrifices.
In its
current form, the proposed Bangsamoro Basic Law is a recipe for

disintegration of the current autonomous region unless our perspective
on this matter is taken with a grain of salt. Moreover, this will be the
third plebiscite in the region and the way the BBL is written, we are
bound to lose what we have gained in the last four decades of our
peoples struggle.
Moreover, the idea of repealing the current organic act and
putting in place a totally new law means our people will go back to
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square one, on a system that is totally new to us, a system that even
the Philippine state rejected at the time of the crafting. . . (nam)
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MR. SAHRIN.
at the time of the crafting of the 1987
Constitution. If memory serves us right, the Philippine state adopted

the presidential parliamentary form of government under the 1973
Philippine Constitution and under the Martial Law regime and it is safe
to assume that it did not work well then otherwise it would have been
adopted under the 1987 Philippine Constitution.
Nonetheless, we
share the view of many that any system of government will do as long
as it is democratic and shall be representative of the will of the people,
and as long as there are ample measures that will ensure its success.
Make no mistake, the MNLF is not examining the parliamentary
system provision of the BBL on the basis of constitutionality but merely
on the basis of propriety and effectiveness considering this is new to us
and there is no sufficient measure written in the proposed law ensuring
the system will work for us.
It may be that there are safeguards
written in the proposed law such as transition period and mechanism

but they are not sufficient enough to test the new government system.
While it can be argued that the parliamentary system has been proven
successful in some other jurisdictions, we believe that its success in
our
homeland
will
require
sufficient
period
of
adaptation
and
adjustment. Stated otherwise, the one year transition period provision

in the BBL is deadly short.
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Mr. Chairman, we share the view of many that Sections 15 to 21

of Article X of the 1987 Constitution does not fully reflect the 1976
Tripoli Agreement and it limits your plenary power to enact the kind of
autonomy envisioned for our people and homeland in the said
agreement. Nonetheless, no one should renege on the responsibility of
finding solution to the problem in southern Philippines under cover of
the Philippine Constitution.
The Philippine Constitution must not be
used to perpetuate oppression.
Rather, it should be regarded as an
instrument for the liberation of minority people.

Mr. Chairman, the MNLF need not stress on the obvious question
that lingers in the mind of the MNLF and, of course, of the OIC who
have painstakingly invested time and resources to help the MNLF and
GPH arrive at a just and lasting political solution to the problem in
southern Philippines.
The
Philippine
governments disinterested
gesture towards our agreements and disregard of the diplomatic

efforts of the OIC is a great source of anxiety of unquantifiable
consequences.
As of the moment, there is no indication whether the Tripartite
Review of the 1996 Final Peace Agreement can still move forward
towards
resolution
of
the
obstacles
that
impede
its
complete
implementation, and we cannot describe the sentiment on the ground

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except that our forces are weary of the long wait and are only taking
the OICs insistence upon us to cling to the peace agreements with a
positive outlook. Nonetheless, Amity requires that the Organization of
Islamic Conference be informed of the intentions of the Philippine
government whom it has never disappointed whenever the latter
requires its support and assistance in peacemaking in Southern
Philippines this last 40 years.
Brothers and sisters present in this most august body, the last
three years have been very difficult for the MNLF. The signing of the
Framework
Agreement
on
the
Bangsamoro
in
2011,
the
Comprehensive Agreement on the Bangsamoro in 2012 and the

crafting of the proposed Bangsamoro Basic Law may have been great
and historic achievements but they caused discord as well.
The current contrast further enhanced the friction that divided
the MNLF in 1976 whether or not to pursue independence or accept
autonomy. And after the MNLF accepted autonomy in 1976 and 1996,
we are divided further and subjected to the more difficult question
whether or not to cling to the 1976 and 1996 agreements or go back
to the original demand in view of the GPHs non-adherence to the
letter and spirit of these agreements.
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Some
have
returned
to
the
heroic
line
of
pursuing
the
independence of our homeland while those who have fearlessly faced

the demands of change and those who have hopefully hang on to the
line of peace have been branded as traitors to the cause of our people.
Nonetheless, we believe that the pursuit of peace is as much as heroic
and noble as the pursuit of total independence and freedom of our
people and homeland.
Despite the bitter branding in our foreheads,
we remain firm that we will not set aside all that we have gained in the
last 40 years.
How can we achieve that in the current order of things?
We maintained on many occasions and fora that we can work on
the current legislative process as means to preserve the gains of the
1976 Tripoli Agreement and the 1996 Final Peace Agreement if the
Comprehensive Agreement on the Bangsamoro and BBL are converged
and linked with the two previous agreements following the suggestions
of our brothers and sisters in the OIC.
Mr. Chairman, honorable members of this Committee, we
reiterate Chairman Semas suggestion during the January 20, 2015
House of Representatives Ad Hoc Committee hearing on the BBL for
Congress to take our participation and our inputs in the legislative
process as impetus for you to share the burden with us in making the
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whole peace process work equally for the MNLF and the MILF, and for
all stakeholders, by integrating all the gains we achieved from the
agreements we have with the government of the Philippines. By our
combined efforts and shared vision, we can generate the successful
solution and conclusion of the problem in southern Philippines that we
all want to achieve, which is a just and lasting peace that we can leave
as legacy to the future generations of Bangsamoro and Filipinos. The
next generation of Bangsamoro must not be left with a hanging
problem and the belief that the answers we have offered now are no
longer possible in their time but requires a higher degree of solution
achieved only through some other means other than a negotiated
political solution.
Mr. Chairman, as we endeavored earlier and on many previous
occasions, we hope we have expressed our side enough for you to
understand where the MNLF is coming from in the middle of all the
events unfolding in our homeland, and enough for you to strike a
balance between the crafting of a good law for our peoples autonomy
and the preservation of the gains of the 1976 Tripoli Agreement and
1996 Final Peace Agreement.
In fine, the MNLF leadership reiterates that with all spirituality in
the name of oneness for convergence of the MNLF and MILF positions,
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has this realization filled with enough sense of history on the peace
agreements, which realization turns out to be the bedrock of our
commitment to achieve equated fairness, enjoyable
peace and
development, one government, one goal under the integrity of the

Philippine sovereignty.
Let us all embark on our harmonious voyage to peace a
departure from mishandling/cmn
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MR. SAHRIN.
from mishandling and manipulation of the
peace agreements.
Sekian, wabillahi taufik walhidayah wassalamu alaikum wa
rahmatullahi wa barakatuh.
Thank you very much,
Secretary Sahrin, for a very comprehensive examination of the

different events that surrounded the two agreements which you have
expressed a frustration as to their total and complete implementation,
and the lack of coordination with the Tripartite Commission, whether or
not the government has given enough attention to that effort that has
already been done in the 70s and in the 90s. But I think that we can
see that there is a possible solution to the problem that you raised in
your position.
That you see this as a partial implementation of the
Tripoli Agreement, and thereby giving credence to the agreements that

have already been signed, and also of the Jakarta Agreement of 1996.
Yes, former governor and former Congressman Salapuddin,
please you have the floor.
MR. SALAPUDDIN.
Thank you, Mr. Chairman.
First and foremost, I would like to express my deepest thanks to

the Committee for inviting me to this hearing on a very important
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piece of legislation that has something to do with the political destiny

of our people.
Incidentally, Mr. Chairman, what makes me more grateful to be
invited today, because I happened to be the principal author of
Republic Act 9054.
And incidentally, I authored the MNLF version in
the House of Representatives, while the then representative of

Batangas, Congressman Ermita, filed the version of the Philippine
government; and the two other colleagues, Congressman Nur Jaafar of
Tawi-Tawi and Congressman Hussin Amin, now mayor of Jolo, Sulu,
filed their respective version and interpretations of the law.
Mr. Chairman, after listening to the positions formally submitted
by all the MNLF leaders representing the different factions--although I
would like to recognize them all as one family, the Moro National
Liberation Front of which I also belong to, Mr. Chairman--I think, Mr.
Chairman, it boils down to two most important things:
No. 1 is the
substance of the law that will be crafted by Congress; No. 2,

representation.
There is a fear of misrepresentation by the MILF, if in case the
Bangsamoro Basic Law is going to be approved as proposed by the
Congress of the Philippines.
I am also happy to take note, Mr.
Chairman, that all the factions of the MNLF present today speaks of the
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Tripoli Agreement, the Jakarta Agreement and the Final Peace

Agreement of 1996. And I am also happy to take note that they also
recognize, consistent with the position of the secretary general of the
Organization
of
Islamic
Cooperation,
that
the
comprehensive
agreement on the Bangsamoro is a partial or continuation of the

implementation, an enhancement of the implementation of the Final
Peace Agreement of 1996.
Therefore, Mr. Chairman, considering all the interests and the
factions involved, including the Bangsamoro people, IPs and other
people in the Autonomous Region, the ball is now in the yard of the
Congress of the Philippines. It is now up to Congress to interpret all
these developments, craft a law that is truly inclusive.
When I say
inclusive, it really includes every sector of our community so that

nobody will be feeling left out.
One time, Mr. Chairman, when I was invited by the current Saudi
ambassador to his office in Makati, as former author of the law,
Republic Act 9054, he asked me what is my position or my idea on
how to fast-track the approval into law of the Bangsamoro Basic Law.
My simple answer, Mr. Chairman, was, amend Republic Act 9054. Its
already there; its in the Constitution.
All laws can be subjected to
amendment. It can be enriched, it can be improved. If we do that, I

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said, by integrating all the good provisions of the CAB into it, including
all the 46 points raised by the Organization of Islamic Conference in
their review of the faithful implementation of the Tripoli Agreement, of
the Jakarta Agreement and Republic Act 9054.
According to them,
there are 46 points not faithfully implemented by the Philippine

government.
All of these integrated into it will further enrich and enhance the
law. The way things are, even from the interpretation of the Ad Hoc
Committee
on
the
Bangsamoro
Basic
Law
in
the
House
of
Representatives, its like just an amendment actually of Republic Act

9054. They are now renaming the current ARMM, if approved and also
approved by the Senate of the Philippines as Bangsamoro Autonomous
Region. The only one not taken there was the Muslim Mindanao.
Therefore, Mr. Chairman, it is just like amending Republic Act
9054. I was saying before that the title can be changed. You can add
Bangsamoro into the current ARMM. But anyway, be that as it may,
because the time frame is too short, even if the Bangsamoro Transition
Authority will be created, assuming if it is going to be approved by the
people after it is presented in a plebiscite, Mr. Chairman, the time
frame is already too short.
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I was informed by Regional Governor Mujiv Hataman, from the

time he was appointed for two years to the time that he got elected as
governor, until now, he had not yet completely filled up all the plantilla
positions in the ARMM.
Until now, yet he was not creating a new
entity. He was just trying to reform the current Autonomous Region in

Muslim Mindanao. cts
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MR. SALAPUDDIN. in Muslim Mindanao.
Because under the
Bangsamoro Basic Law, they will have to come up with a law creating
certain new offices and these new offices provided for in the
Bangsamoro Basic Law are already in the provisions of Republic Act
9054. Its just that, unfortunately, the regional legislative assembly
had not been able to come up with the enabling law to execute the
provisions of the Republic Act 9054. Meaning, they did not perform
their duty. So there was a question previously raised whether the
ARMM was a failure or success. I do not blame it wholly on the law that
was approved by Congress and approved by our people but its on the
kind of leadership.
If the leadership down to the members of the
regional legislative assembly or parliament laterif its going to be

made a parliamentary systemwill do their job especially in the
beginning of the creation of the political entity, then they will be able
to deliver. It all boils down to the leadership. To me, the leadership in
the autonomous region should not just be a driver but a
driver-
mechanic who knows just by the sound of the engine upon turning on
the key, he knows what are the defects in the law.
Mr. Chairman, it cannot be that we will move backward. We have
to move
wisdom
forward. There is this law but I think it is now up to the

of
the
members
of
the
Senate
and
the
House
of
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Representatives to consolidate all the good provisions of Republic Act

9054 into it as well as the Comprehensive Agreement on the
Bangsamoro, and including the
46 points raised by the review
committee of the Organization of Islamic Conference called the

Southern Philippines Council for Peace (SPCP). So in their review, they
found out that there were 46 points not implemented by the Philippine
government.
Mr. Chairman, Id like to think that all the members of the
Senate and the House would like to become part of history, history of
making peace, not making war. If we quantify how much we have
spent for this war since 1970 up to the present, we must have already
spent several trillion pesos which could have gone down to making of
school buildings, road and
bridges and other basic services, not to
mention the human lives lost, Mr. Chairman. And since this is a date
with history, Mr. Chairman, the good thing about this, you have the
son of former President Marcos, now senator, you also have now the
President of the Philippines in the person of Noynoy Aquino, son of
Corazon Aquino and the late Senator Aquino, joining together, Mr.
Senator, Mr. Chairman,
to make peace for the people in the
Bangsamoro.
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I was saying if the Congress of the Philippines will come up with

a diluted law, emasculated law like what they did when
we passed
Republic Act 9054, then when you do the same thing over and over
again, you do not expect another result to come up out of it. Meaning,
the same failure
will be the results if a diluted law is going to be
adopted by Congress. Therefore, since we do not like to fail twice, Mr.

Chairman, as much as possible, we should succeed this time because if
we succeed this time, the Bangsamoro government can become a
template, a model for future shift from the current republican
presidential unitary system to a federal parliamentary system. Maybe
the reason why in the Marcos regime the presidential parliamentary
system did not work was because there may be lack of participation
from different sectors, especially from the opposition groups. Im sorry
to say that. But under a very democratic system where all parties will
be allowed to participate, then for as long as the candidate has political
party to hold on, they can participate in the election. Even in this
Bangsamoro Basic Law, I do not like to think that the MILF will be able
to perpetuate themselves in power because it all depends who gets the
most number of seat.
Whichever political partyAh, Brother Abul
Khayr Alonto, gets the most number of seats will have the right and
the power to form the government. But one thing good about it, if in
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case the chief minister fails
to perform his duty, it will not be too
difficult to remove him because by mere vote of no confidence, his

government and his position will be abolished in a parliamentary
system.
In the case of a presidential system, you have to go through the
efforts of filing impeachment proceeding against the president or all
impeachable officials in government, Mr. Chairman.
In closing, Mr. Chairman, I would like to say that the Congress of
the Philippines will be happy to become part of rewriting our history.
Some are saying that if the Bangsamoro will be given all the necessary
powers, they might want to declare independence. Believe me, Mr.
Chairman, that is far from the minds of our people. Why would we
want to just be limited in five provinces? We would want to enjoy the
same privileges as the
many of our people
other Filipinos in Luzon and Visayas. In fact,
are already scattered in different parts of the
country. The only reason why there should be a genuine Bangsamoro

government or autonomous government for us is so that
we have
room, place or region where we can fully practice our culture, our faith
within the sovereignty and integrity of the Philippine Republic, not
because we want to be separated, but because we just want to have
our own national identity. We want to reclaim our lost history, Mr.
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Chairman, because so many legislators are asking, Why are you

revolting against the Philippine government? But many of our
legislators, Im sorry to say this, are not asking themselves what are
the injustices committed against the Bangsamoro people that had not
been corrected until this time?
So this is correcting history. While we cannot anymore make the
Americans correct the errors that they have committed against us, the
legislators of this country can correct the historical errors of the past
by coming up with a Bangsamoro Basic Law that is truly reflective,
expressive of the aspirations of our people that will incorporate all the
good things from the previous agreements and Republic Act 9054 so
that it becomes richer and become a good law that can truly become
instrument for peace.
So, in view of the foregoing, Mr. Chairman, I would like to end by
saying that, Let us all work for peace. Enough of this nonsense war.
Nobody is winning from this war. And Imperial Manila, if I may call it
that waybecause we used to call Manila Imperial Manilawill have
everything to gain if the Bangsamoro region will become very stable,
very progressive if the
effectively
and
Bangsamoro region can be able to govern
efficiently
within
the
territorial
integrity
and
sovereignty of the Philippine government.
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Thank you very much, Mr. Chairman.

THE CHAIRMAN (SEN. MARCOS). Thank you very much for
those wise words, Congressman Gerry Salapuddin.
And just to recapitulate what you had said and to revisit some of
the issues that you have raised, in fact, I had proposed that the BBL
take
the form of an amendment to 9054, the Organic Act. But
apparently, this was rejected. By whom? Its not clear. But this option
was never exercised. It is unfortunate because we would have been
able to go around some of the constitutional infirmities that we are
facing now and trying to remedy.
Secondly, I think there is a consensus among all of the leaders
here today /ngdizon
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we
must
view
the
framework
leaders here today that
agreement,
the
comprehensive
agreement and finally, the draft BBL in the context of previous

agreements that were signed and formalized between the MNLF and
the government of the Philippines. This is not out of pride but mostly
from the concern that the gains that had been the fruit of such long
and bitter war, hardship and sacrifice, even at the cost of lives be
somehow ignored and not allowed to continue. These are the essential
points that have been raised here today.
Thirdly, the non-inclusivity of the process has been made very
clear that the MNLF, in differing degrees, has made it clear that they
have felt left out of the process. And the fact that the agreements that
were made between the MNLF and the government were ignored and
the framework agreement and the comprehensive agreement and the
draft BBL were written as if Tripoli Agreement and the Jakarta
Agreement did not exist. And that is why we are trying now to
incorporate. We will try now to incorporate what gains have been made
by the MNLF in representing the Bangsamoro people to the present
day. And again, that will require a great deal of examination in our
discussions.
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And finally, the issue once again of the rush. Why are we rushing
this? There is so much work to be done. It is a difficult question. It is
something that the stakes are so high. Pagka hindi maging tama ang
batas na ipapasa ng Kongreso, baka mas malaki pa ang magiging
pinsala sa ating mga kapatid na Muslim, baka maging mas malaki pa
ang problema ng Muslim Mindanao. And so these are the main points.
We have, of course, to go into the position papers to get more details
and that exactly is what we will be doing.
So, Senator JV Ejercito, you have the floor.
SEN. EJERCITO.
Thank you, Mr. Chairman.
Good afternoon everybody.

I agree with the Chairman, with his position. And upon
discussing also briefly with former Governor Gerry Salapuddin, one of
the more important issues here is the inclusiveness because the feeling
that the other tribes have been left out will be another problem. Once
we passed this measure and the other tribes or the other groups felt
that they were left out, we will just be repeating the same problem.
Mr. Chair, before we continue, I just like to askanybody can
answerprobably, Professor Miriam Ferrer or any grouphow many
exactly are the groups in the Bangsamoro areaiyong tribes and
groups?
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Can anybody answer?

Okay, Usec, please.
MR. LORENA.
There are 13 ethno-linguistic groups in the
Bangsamoro. Of course, you also have to include the Christian settlers

already in the area and the non-Moros. But the ethno-linguistic groups
are really 13.
SEN. EJERCITO.
MR. LORENA.
Thirty.
Thirteen.
SEN. EJERCITO.
MR. LORENA.
SEN. EJERCITO.
Thirteen, one-three.
Yes.
Because my only fear that when the ARMM
was passed in 1995, the MILF broke away. And then, right now that we
are about to pass the BBL, there are other groups as well that felt that
they have been left out. May BIAF, may BIFF. Ano pa ba? ASG.
Mauubos na iyong letra sa alphabet, di ba?
So, Professor, how would this guarantee that after we passed the
BBL, that there wont be any more other groups that would take arms
or that everybody would already adhere to the peace process?
MS. CORONEL-FERRER.
Your Honor, I will draw wisdom from
the words mentioned earlier by Honorable Gerry Salapuddin that

precisely, we need to pass a good law. One that will now dilute the
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exercise of meaningful autonomy for the Bangsamoro so that we do

not repeat the mistake. Because as he said, the ARMM Law did dilute
some of the important provisions that are found in the previous peace
agreements with the MNLF and they did not see fruition in the form of
the law. So we do need a very good law to fully give life to the desire
of our brothers and sisters in the Bangsamoro for a meaningful
autonomy.
As for the BIFF, Your Honor, and the Abu Sayaff, there are
ongoing law enforcement operations and we would like to say that the
recent operations conducted by the Armed Forces of the Philippines in
Central Mindanao had significantly constricted the movements and the
leadership of the BIFF. The Abu Sayaff, on the other hand, there are
still ongoing operations to prevent them from pursuing criminal
activities.
SEN. EJERCITO.
Mr. Chair, likewise Governor Gerry earlier
mentioned that the reason why ARMM did not really succeed because
they felt that it was amended and somehow watered down. Right now
that the BBL is being discussed, and I would like to thank the
Chairman for really being very passionate about this, just to be able
toWhy are we rushing? Because this is a very important piece of
legislation.
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I am in agreement with the Chairman that we should not be

rushing a very important piece of legislation, a very controversial piece
of legislation. So why is there a need to rush? Iyon lang po.
We should be careful about this. I dont think that just because
we are in the position right now that we are not in support of that, we
are still open about this. Everybody is for peace. I am for peace.
We are, in fact, Mr. Chair, in San Juan, when I was mayor, we
can probably say that we have proven that Muslims and Christians can
coexist and, in fact, we attribute the economic success of our city
because of this cooperation between Muslims and Christians. And in
fact, a lot of our former MNLF rebels have become tianggeros already
instead of going back to the mountains. And we have proven, so we
cannot be accused that we are anti-Muslim.
But we just want to make sure that this piece of legislation,
which is very sensitive and controversial and very important, is crafted
in such a way that there will be no loopholes and no constitutional
violations. Iyon, so probably that will be the concern, iyong we want to
make sure na if ever we passed this law, that there are no loopholes
and there are no violations. And lastly, that it will be inclusive.
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Mr. Chairman, I agree with Governor Salapuddins point that it

has to be inclusive and that all the tribes of the Bangsamoro would feel
that they are included as we passed this piece of legislation.
That is all, Mr. Chair.
Very well. Thank you for
that final statement.

We have gone well beyond our allotted time and we have been
here in discussionwe were supposed to finish at 12:00 but I hope
that they had served lunch so at least we are not accused of trying to
weaken your resolve when discussing these issues.
But in any case, I think it has been extremely useful and I feel
gratified that we came and had this hearing with the MNLF leadership
and to talk about this proposed legislation. We have heard a lot today.
There is a great deal that needs to be revisited, that has to be studied.
And it seems clear, as I said, that the inclusion of the MNLF in the
process has been something that has been neglected. If there has
been an inclusion, it certainly has not been sufficient. And the so-called
harmonization/mjp
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so-called harmonization
of the positions of the MILF and the MNLF though there were sporadic
attempts to arrive at that, they have not yet borne fruit. And we do
not have a harmonized and coordinated version or position from both
groups. And that is why the question of inclusion has come up.
Anyway, ladies and gentlemen, as I said, there is a good deal
that you have given us. In the name of the Committee, I thank you all
for your efforts. I understand that you have come a long way to be
able to give your positions but I think in that regard, we have
succeeded in hearing the different points of view that you have and
have been expressed here today. We will go away and examine all of
these position papers, the transcripts of todays hearing and in that
way, hopefully, answer the challenge of making this peace process a
more inclusive one.
So with that, thank you, lady and gentlemen, we are suspended.
[THE HEARING WAS SUSPENDED AT 1:45 P.M.]/rjo
134

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Repu blic of t h e Ph ilippin es

CONGRESS OF THE PHILIPPINES

COMMITTEE ON LOCAL GOVERNMENT

Monday, May 18, 2015

Sen. Claro M. Recto and Sen. Jose P. Laurel Rooms

Committee on Local Government Joint with the

HON. PAOLO BENIGNO BAM AQUINO IVHON. ALAN PETER S. CAYETANO

Prof. Miriam Coronel-Ferrer

Hon. Jose Lorena

Mr. Adzis Barry Malguiok

Mr. Somerado Pimping

Mr. Meno Manabilang

Second Vice Chairman,

Committee on Local Government Joint with the

Atty. Baratucal Caudang

Mr. Abebakrin Lukman

Mr. Abuamri Taddik

Mr. Awad Hamid

Mr. Mahmur Hasanul

Mr. Utoh Salem Cutan

Atty. Omar Sema

Mr. Baginda Alih

Mr. Lacson Sawadjaan

Mr. Abdul Sahrin

Mr. Habib Mudjahab Hashim

Committee on Local Government Joint with the

Mr. Silbi Tiblani

Mr. Habib Rigduan Hasim

Mr. Nazir Kuddah

Committee on Local Government Joint with the

Mr. Felipe A. Dahino

(FOR COMPLETE LIST, PLEASE SEE ATTACHED ATTENDANCE SHEET.)

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

AT 10:23 A.M., HON. FERDINAND R. MARCOS

Hudan Abubakar; Third Vice Chairman Datu

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

Somerado Pimping; Field

Marshall Al Hussein Caluang; Secretary

General Aben Abubakar; Spokesman Said Indar Tampi; CC Member

Meno Manabilang; CC Member

Engineer Omar Nevada Tago; CC Member Atty. Baratucal Caudang;

Sabdullah Macapodi; CC Member Datu Jamil

Lucman; CC Member Datu Tabonawan Sacar;

Hatalan; CC Member Freddie Indosan Dalandas; CC Member Asamlil

Committee, Awad Hamid; Field Marshall Abdulgadjir Ismail; Deputy

Chairman, Gensan Utoh Salem Cutan; Legal, Atty. Omar

Also here, they have National Secretariat Edmund Gumbahali;

Sawadjaan of the Basilan Revolutinary Committee of the MNLF;

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

Silbi Tiblani, Islamic Command Council of the

MNLF Habib Rigduan

Nakumpleto ba iyong ating lista? Very well.

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

So it is important to the Committee to ask the leadership of the MNLF

framework agreement and finally, the draft of the Bangsamoro Basic

important to hear from the MNLF leaders.

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

Also from the National Moro Liberation Front Islamic, Command

committee with position papers, one dated on 14 October 2014 and a

Also from the MNLF Central

Committee Member Datu Meno Manabilang is also a position paper.

different positions. I have copies of everything. But perhaps

Liberation Front, and I think on the process, Mr. Chairman also, we