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Republic of the Philippines

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 25, 2015

TIME

9:30 a.m.

VENUE

Sen. Claro M. Recto and


Sen. Jose P. Laurel Rooms
2nd Floor, Senate of the Philippines
Financial Center, Roxas Boulevard
Pasay City

AGENDA

Discussion/Deliberation of Senate Bill No. 2408


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

Committee on Local Government


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

SENATORS PRESENT:
HON. FERDINAND R. MARCOS JR. HON. LOREN B. LEGARDA
HON. ALAN PETER S. CAYETANO HON. FRANCIS G. ESCUDERO
-

Chairman, Committee on
Local Government
Member
Member
Member

GUESTS/RESOURCE PERSONS:
Hon. Jose Y. Lorena

Undersecretary, Office of the


Presidential Adviser on the
Peace Process (OPAPP)
Atty. Mary Grace Ellen Villanueva- Executive Director, Legal Rights
and Natural Resources Center
Mr. Alim Bandara
Timuay Justice and Governance
(TJG)
Mr. Leticio Datuwata
Deputy Supreme Chieftain, TJG
Datu Roldan Burunay BabelonGenSec, IPs Gempa te Kelindaan
ne Kamal ne Erumanen ne
Menuvu
Ms. Beatriz Apotanan ColmoAlternate Chair, Mindanao
Indigenous Peoples Peace
Forum
Mr. Timuay Gumbalia Gunsi Vice-President on External
Affairs, Organization of Teduray
and Lambangian Conference
(OTLAC)
Mr. Arnel Garcia
Humanitarian Counsel, Sulu
Foundation of Nine Ethnic Tribes
(SUFONETI)
Sultan Esmail Kiram II
Sultanate of Sulu and North
Borneo
Datu Abraham Idjirani
Secretary General, - do
Atty. Meltino Sibulan
Legal Counsel, - do
Sultan Venizar Julkarnain
Royal House of Patikul, - do
Jainal Abirin
Datu Albi Dakula Julkarnain Chairman, Council of Royal

Committee on Local Government


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

Datus, - do
Council of Royal Ladies, - do
Royal House of Patikul, - do

Princess Sitti Liddy Taedo


Sultan Venizar Julkarnain
Jainal Abirin

Habib Mudjahab Hashim

Sultan Dr. Ibrahim BahjinShakirullah II


Dayang Dayang Derhana
Julkarnain Hashim
Sultan Melchor G. Chavez
Sultan Atty. Rico S. Pelandoc

Chairman, Council of Royal


Sharif, - do
Paramount Sultan, - do

Royal Princess, - do

Datu Lihondo Adam

Hadji Datu Moustafa-Tapa


B. Umal

Spokesperson, Sultanate of Sulu


Vice-President, Iranun
Sultanates League of the
Philippines
Royal House of Maharadjah
Tabunaway II
Spokesman and Chief Technical
Assistant of His Majesty Sultan
Abdulazis Salem Mastura V,
Sultanate of Maguindanao
President/Chairman/
Chief Executive Officer, Royal
House of Maharadjah
Tabunaway
Datu sa Taviran of Maguindanao
Sultanate
Chairwoman, Womens
Organization of Rajah Mamalu
Descendants
Mandanaue Darussalam,
Sultanate of Maguindanao
Confederated Descendants of
Rajah Mamalu
Sultanate of Sulu Archipelago
- do
Royal House of Maharadjah
Mamalu
Royal House of Patikul, Sulu

Putri Bai Marieta Nor-Aisha P. Mindalano-Adam, Al Haj


Engr. Datu Noldin Oyod

Fintailan Jocelyn S. Palao

Prof. Engeong Bulang

Mr. Archie U. Buaya

Datu Yldon Kiram


Sultan Muedzul-Lail Kiram
Mr. Mohamad Linas

Sultan Muijaddin Jainal Abirin -

Committee on Local Government


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

Bahjin
Datu Alihanapia Jainal Abirin Datu Hadji Shakiruddin
Ulom Bahjin
Mr. Edtami P. Mansayagan

Datu Alexander Mama-o

Atty. Meltino Sibulan

Atty. Michael Mastura

- do
Crown Prince, - do

Member, Executive Committee,


Lumad Mindanao Peoples
Federation
Sultanate of Bayang,
Lanao del Sur
United Tausug People of the
Sultanate of Sulu
Former Congressman, 1st District
of Maguindanao

SENATORS STAFF:
Atty. Minda D. Lavarias
Ms. Shiela Mae P. Enriquez Ms. Honey Rose Mercado
Ms. Arifah M. Jamil
Ms. Candice Y. Cerezo
Mr. Ronnie Calumpita
Mr. Mark Robert Dy
Mr. Johd Carlos
Atty. Marge Alias
Mr. Calil Dimangadap
Atty. Rachel Herrera
Mr. Dominil Lacbayo
Ms. Sally Perez
Ms. Zheanne Aeson M. DannsMs. Margie Manlunas
Ms. Kristela Castronuevo
Mr. Alemar Mosquito
Ms. Marla Katrina Carandang Mr. Claro Sampaga
Ms. Ma. Clarissa Lopez
-

O/S Marcos
- do
- do
- do
O/S Escudero
- do
O/S Guingona
O/S A. Cayetano
- do
- do
O/S Legarda
- do
- do
O/S P. Cayetano
O/S Angara
O/S Recto
- do
O/S Trillanes
O/S Osmea
O/S Binay

Committee on Local Government


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

Mr. Ricardo Calimag


Ms. Julie Tuazon
Ms. Jinnelle Iluzada

- do
O/S Honasan
- do

SENATE SECRETARIAT:
Ms. Assumption Ingrid B. Reyes Mr. Elpidio H. Calica, MNSA

Ms. Cristina D.C. Astrero


Ms. Helen S. Gayapa
Ms. Christine M. Nery
Ms. Carolina F. Driz
Ms. Cleofe P. Caturla
Ms. Ma. Rosalinda J. CatadmanMs. Avigail G. Andaya
Ms. Ana Marie F. Deplomo
Mr. Daniel D. Diamzon
Ms. Mylene R. Palino
Ms. Laarni C. Vidal
Mr. Mary Jeanette L. Padilla Mr. Eric Jalandoon
Mr. Ronnie Cabaero
Mr. Benjamin Oria
Mr. Lito Bancifra
Mr. Jose G. Busalpa Jr.
Mr. Roland D. Laureano
-

Committee Secretary, Committee


on Local Government
Committee Secretary, Committee
on Peace, Unification and
Reconciliation
Committee Stenographer
- do
- do
- do
- do
- do
Legislative Staff
- do
- do
- do
Legislative Page
- do
- do
Supervising Legislative Page
OSAA
- do
Audio Operator
- do

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

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE


COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
CDAstrero
I-1
May 25, 2015
10:26 a.m.
1

AT 10:26 A.M., HON. FERDINAND R.


MARCOS
JR.,
CHAIRMAN
OF
THE
COMMITTEE ON LOCAL GOVERNMENT,
CALLED THE HEARING TO ORDER.

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


gentlemen.
The hearing of the Committee on Local Government joint with
the Committee on Peace, Unification and Reconciliation and the
Committee on Constitutional Amendments and Revision of Codes of 25
May 2015 is hereby called to order.
Our agenda for today isI will not read the lengthy title. I will
just say that this is about the draft Bangsamoro Basic Law in its
version as it has been transmitted to the Houses of Congress by the
Executive.
For the record, I would like to acknowledge the presence of our
resource persons who are here today:

representing OPAPP is Usec

Jose Lorena; the Executive Director of the Legal Rights and Natural
Resources Center, Atty. Mary Grace Ellen Villanueva, good morning;
from the Timuay Justice and Governance, Mr. Alim Bandara, good
morning; also from Timuay Justice and Governance, Mr. Leticio
Datuwata; from the Gempa te Kelindaan ne Kamal ne Erumanen ne
MenuvuI hope I pronounced that properlyDatu Roldan Burunay
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE


COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
CDAstrero
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10:26 a.m.
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Babelon, good morning; from the Mindanao Indigenous Peoples Peace


Forum, Ms. Beatriz Apotanan Colmo; the Vice Chairman of the
External Affairs of the Organization of Teduray and Lambangian
Conference, Mr. Timuay Gumballa Gunsi, good morning; from the Sulu
Foundation of Nine Ethnic Tribes or SUFONETI, Mr. Arnel Garcia; the
Sultan of Sulu and North Borneo, Sultan Esmail Kiram II; the Secretary
General Abraham Idjirani; Council of Royal Datus Datu Albi Julkarnain;
from the Council of Royal Ladies, Princess Sitti Liddy Taedo; Legal
Counsel, Atty. Meltino Sibulan; Chairman of Council of Royal Sharif,
Habib Mudjahab Hashim, good morning; Royal House of Patikul,
Sultanate of Sulu, Sultan Venizar Julkarnain Jainal Abirin; Princess
Jacel

Kiram-Hasan;

Atty.

Michael

Mastura

of

the

Sultanate

of

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


good morning; Sultan Muedzul-Lail Kiram; the Royal Spokesperson,
His Royal Highness Sultan of the Sultanate of Sulu, North Borneo and
Sabah, Melchor G. Chavez; the Vice-President of the Iranun Sultanates
League of the Philippines, Atty. Rico Pelandoc; Royal House of
Maharadjah Tabunaway, Datu Lihondo Adam, good morning; the
Spokesman and Chief Technical Assistant who represents His Majesty,
Sultan Abudalazis Salem Mastura V, Hadji Datu Moustafa-Tapa B.
Umal, good morning; the President/Chairman/CEO of the Royal House
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COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
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of Maharadjah Tabunaway, His Royal Highness Putri Bai Marieta


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

Engr.

Datu

Noldin

Oyod;

Chairwoman,

Womens

Organization of Rajah Mamalu Descendants, Fintailan Jocelyn Palao;


the Sultanate of Maguindanao, Mandanaue Darussalam, Professor
Engeong Bulang; Representative of Consortium of Youth Bangsamoro
Organization, Archie Buaya, good morning; from the Sultanate of the
Sulu

Archipelago,

Datu

Yldon

Kiram;

Putri

Bai

of

Maharadjah

Tabunaway of Mindanao Darussalam President/CEO of MTDCPI, Royal


Highness Putri Bai Marieta Nor-Aisha Mindalano; and from the Royal
House of Maharadjah Mamalu, Mohamad Linas; the Council of Royal
Sharif Dayang Dayang Derhana Hashim.
Is there anyone else that is
VOICE.

I would like to acknowledge the presence of Sultan

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


Shakiruddin Ulom Bahjin which you gave the invitation; and also the
Wazir of the Patikul Sultanate, Datu Alihanapia Jainal Abirin. These are
from the Royal House of Patikul Sulu, the real Royal House of Patikul,
Sulu.
THE CHAIRMAN (SEN. MARCOS). So, Sultan Jainal Abirin and
Sultan Muijaddin Bahjin and Datu Ulom Bahjin, Sultanate of Sulu.
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COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
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I think that makes complete the acknowledgement of all of those


that have been invited as resource persons today.
I would just like to open by making a few comments.

The

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


shocking revelation that the sultanates of Mindanao had not been
consulted during any of the negotiations between OPAPP and MILF.
And that is why it would seem that if the BBL or the Bangsamoro
government will be successful, it would need the support of all of the
sultanates.

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

had not been consulted and we are trying to rectify that situation by
asking the sultans themselves and the representatives of the different
sultanates to come to the Senate today to give us their views, their
comments, their opinions on the proposed Bangsamoro Basic Law.
This is part of a series of hearings that this Committee is undertaking
for the specific purpose of giving voice to those stakeholders on the
Bangsamoro issue specifically the Bangsamoro Basic Lawgive voice
to their opinions so that we, in the Committee and in the Senate, will
be allowed a complete view of the issues that are impacting upon what
we are trying to do, the peace process and BBL. So, very well.
I beg your pardon.

I have not acknowledged the arrival of

Senator Chiz Escudero.


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AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
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Just to explain, generally, the conduct of these hearings are


quite simple. It is important for the Committee/cda

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


Committee to be able to hear the opinions rather than to debate with
our resource persons on the different issues.

So, what we shall do?

There are many of you who have sent us a position paper and I would
like to allow all of the different sultanates and groups and eventually
after a while we will also talk to the indigenous peoples because,
again, they have been left out of the process and after all the
indigenous peoples are the original inhabitants of the Bangsamoro
areas before any of us here had arrived in that place.
So, I would like now to, as I said, go through the position
papers. It is more important, I think, that the Committee is able to
hear from all of those who have an opinion, who have some insights
into this question be given a chance.
So, with that, we will try to hold off, we will try to keep our
questions to a minimum after your presentation so that we do not
delay those who come afterwards. But inevitably, you can expect that
we will have many things to ask. But, again, we will try to be brief so
that we can get through all of the position papers.
Okay. The first position paper that we are in receipt of is from
the Sultanate of Sulu and North Borneo, the Office of the Secretary
General, and the secretary general is Abraham Idjirani who we
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acknowledged earlier.

I would just like to ask, would the secretary

general want to be the one to make the presentation for the Sultanate
of Sulu and North Borneo?
MR. IDJIRANI. Good morning, Your Honors.
THE CHAIRMAN (SEN. MARCOS). Good morning.
MR. IDJIRANI. For the record, I would request Princess Jacel
Kiram to present the position paper of the Sultanate of Sulu in view of
the fact that my voice is somewhat affected since you conduct hearing
in Jolo, Sulu on May 13.
Your Honors, it is my privilege to present to this Honorable
Committee, Princess Jacel Kiram.
THE CHAIRMAN (SEN. MARCOS).

Thank you very much,

Princess.
If you would like to proceed, you have been designated at least
for the purposes of this hearing as the spokesperson.

Perhaps you

could take us through the position paper that you had given to the
Committee.
I would just like to remind you that we have been through the
position paper you have given us but we still need to hear from you
and the different issues that you feel need to be ventilated about the
draft BBL.
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So, Princess Kiram, if you would like to-MR. IDJIRANI. Your Honor, if I may.
THE CHAIRMAN (SEN. MARCOS). Yes, sir.
MR. IDJIRANI. The original position paper that we submitted
about three days ago is now being shortened in view of the fact that
there are also many speakers to air their positions regarding the
matter.
Thank you very much, Your Honor.
THE CHAIRMAN (SEN. MARCOS).

Thank you, Secretary

General, for that.


And with that, I think we will allow the princess to give her
presentation.
Please proceed.
MS. KIRAM-HASAN. Yes, good morning, Your Honor.
Bismillah ar-rahman ar-rahim.
Established on the Sultanate of Sulus historical background-since its establishment in 1450 until the emasculation of its sovereign
powers and authority over the Sulu Archipelago, Zamboanga Peninsula
and Palawan in 1953 as its basis for appealing to the House of the
Senate to conduct massive consultations to the different stakeholders
regarding the ambiguity of the MILF-led Bangsamoro Basic Law.
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The

MILF

claims

on

areas

or

territories

now

under

the

Bangsamoro autonomy are anchored on ancient title of sovereignty of


the Sultanates of Sulu and Maguindanao. The title of sovereignty, in
particular, of the Sultanate of Sulu over the archipelago of Sulu,
Zamboanga Peninsula, Palawan, and North Borneo was recognized in
the 15th to 19th century treaties of commerce, friendship and
protectorate entered and signed with Spain, Great Britain, Holland,
Netherlands, Germany, France, and even the United States.
Territorial jurisdiction of the Sultanate of Sulu and North Borneo
from 1450 until 1935, Sulu and Tawi-Tawi divided into two provinces in
1974, Basilan, Zamboanga Peninsula comprising the provinces of
Sibugay Zamboanga del Sur, Zamboanga del Norte and cities of
Zamboanga, Pagadian, Dipolog and Dapitan, Palawan, North Borneo in
1704.
Upon the establishment of the Philippine Commonwealth in 1935,
the status of the Sultan of Sulu became--the Sultan of Sulu and people
of Sulu Archipelago became ordinary citizens of the Philippines.
Despite the above-mentioned fate, compounded by the nonrecognition policy of the royalty and nobility and the inherent rights of
the Sultanate of Sulu guaranteed by the 1947 UN charter resolution
and the 1950 UN resolution, the Sultan of Sulu and his Tausug
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constituents comprising the Yakan, Sama Bangingi, Sama Tawi-Tawi,


the Samal Laut, the Jama Mapun, the Tausug, the Christians and other
indigenous people continue to maintain his trust to GPH or the
Philippine government, loyalty to the Philippine Constitution since the
Commonwealth era and the post-Third Philippine Republic and until
today remains peaceful and law-abiding.
As an ancient sovereign nation, the Sultanate of Sulu entered
and signed the following:

A treaty on the status of an independent

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


Sulu headed by Paduka Mahasari who died in Beijing Canal and buried
in Dezhou City, Shandong Province in China and the Emperor Yongle
of the Ming Dynasty of China entered and signed the aforesaid treaty
which embodied the mutual agreements of the two heads of two
ancient sovereign nations of the policy of non-interference on each
others internal sovereignty and affairs.
The 1405 treaty led to the visits of the three east kings of Sulu
to China in 1417 entered and signed the treaties of friendship,
commerce and protectorate with the following nations:

with Spain,

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


and the United States.

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The prelude to the Mindanao conflict and the Moro secessionist


movements declaration, the 1968 Jabidah Massacre, the 1968 fiasco
founded the following declarations of the Moro secessionist movement
to emancipate the Muslims called Bangsamoro in 1968 for more than
300 years and to secede Mindanao, Sulu and Palawan from the
Republic of the Philippines, facts that the MILF utilized the ancient title
of sovereignty of the Sultanate of Sulu, the intent and spirit of KiramBates Peace Agreement or treaty was invoked in the letter dated
January 20 of 2003 of MILF late chairman Hashim Salamat addressed
to US President George W. Bush Jr. in remembering the US
government of its moral obligation to the Moro people herewith is
provided for in paragraph 4, part of the MILF letter that reads--let me
read to you.
Your desire to be informed by the MILF goals reminds us of the
historic, legal and political relationship between the Moro nation and
the US federal official policy under President William McKinleys
instruction to the 1st Philippine Commission of 1900 treated the Moro
nation initially as a dependent nation similar to the North American
Indian nations under treaty relations with the US federal government.
Subsequently, the Moro nation was anchored on the Kiram-Bates
Treaty of 1899.
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Comparative analysis between December 10, 1898 Treaty of


Paris/hsg

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MS. KIRAM-HASAN.
and BBL.

Treaty of Paris and the MILF-led CAB

Spain ceded Mindanao, Sulu and Palawan to the United

States through the December 10, 1898 Treaty of Paris without the
process of consultation and implied consent of the Sultanates of
Maguindanao and Sulu.
In this year 2015, the inhabitants of Basilan, Sulu and Tawi-Tawi
and some areas in Zamboanga City are faced with similar situation of
1898 as the BBL are pushed through despite its borne out in the
absence

of

massive

consultation,

sense

of

political

justice,

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


sovereignty of the two sultanates. The MILF-led BBL reminds also the
Tausug people in Basilan, Sulu and Tawi-Tawi of the creation of the
Bureau of Non-Christian Tribes by the US government in 1920 which
urged the US government to grand it the control of affairs of the
Sultanate of Sulu in the three provinces including Zamboanga
Peninsula and Palawan.
Nearly 95 years after the MILF demanded the same political
situation to govern Basilan, Sulu and Tawi-Tawi, political attitudes of
the Sultanate of Sulu despite how his ancient territories were
dismantled since the 1935 to present.

The Sultan of Sulu and the

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

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citizen of the Philippines never lodged a complaint since the inclusion


of her kingdom to the Philippines against its will. Despite within the
period of 90 years from 1935 to 2015, the ancient territories of the
Sultanate

of

Sulu

neocolonialism:

underwent

three

periods

of

continuous

first, when its territories were made autonomous

region of Region IX; second, when in 1987 its territories were divided
into two regions whereby Basilan, Sulu and Tawi-Tawi formed part of
ARMM; and third, today, threatens the period of Basilan, Sulu and
Tawi-Tawi becoming under the coverage of the BBL.

It did not

demand for its decolonization from the Republic of the Philippines.


Other situations that dismantled the traditional governance and
the more than 600-year-old royal lineage of the Sultanate of Sulu,
upon the outbreak of the Mindanao conflict in 1972, a conflict of the
Philippine and Moro secessionist movement became a borne out after
the eruption of the 1968 Jabidah Massacre turned out also to be
generational

cultural

conflict

adhering

to

the

traditions

of

the

Sultanates and the pro-secessionist movement. Identity changed from


the historic Tausug identity to Bangsamoro identity, a mechanism
designed by the internal and external forces behind the Mindanao war
as means to unite the socially and tribally divided Muslims to struggle
for a separate independence from the Philippines.

The identity

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changed in the views of the Sultanate of Sulu wantonly violated its


historic sovereignty with the MILF is using now the Bangsamoro
identity to invoke historic and legal basis to claim territorial rights over
the Sulu archipelago and the Zamboanga Peninsula and Palawan
anchored on the Bangsamoro of vassalage theory.
As the process of drafting the BBL was done in haste, the
Sultanate of Sulu appeal to the Senate to evaluate, how the cultural
rights of the Sultanate of Sulu and all historical stakeholders including
the Christians and indigenous people in Zamboanga Peninsula, Basilan,
Sulu and Tawi-Tawi are being addressed. The basic reasons are: That
the Tausug people in the Sulu archipelago and the Bangsamoro in
mainland Mindanao have distinct differences in customs and traditions
particularly with reference to the definition of the ambiguous Bahasa
language, Wali.

Another is to correct the historical injustice to be

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


Bangsamoro Water.

In relation to mutual respect, meaning of the

Tausug existence and the right of Sulu Sea to exist as is which even
the Chinese chronicle recognized, the Sulu Sea as Laut or sea that
protected the kingdom of the Sultanate of Sulu.
Six vital concerns of the Sultanate of Sulu needing massive
consultations:

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

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Bangsamoro Water. The Sultanate historic constituents, the historians,


the academe and other stakeholders in the provinces of Sulu
archipelago were not consulted in order to achieve common interests,
mutual agreement and transparency of the MILF intention in relation to
wealth sharing and power control.

The changing of historic name of

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


alarming provision in relation to the North Borneo or the Sabah claim.
Second vital concern, Article VI, Section 5 of the BBL draft on the
council of leaders, the precise objective creating the council of leaders
failed to satisfy the leaders of the Sultanate institutions, the Sultanates
of Sulu and Maguindanao cognizant with the MILF aspiration to adopt
or establish a parliamentary system.

Had it passed through the

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


significant mechanism as may be sanctioned by the BBL that the said
sultanates become partners of the Bangsamoro governance even in
private capacities for the promotion of peace and unity.
Third vital concern is Article VII, Section 5 of the BBL on
classification and allocation of seats. This does not contain clarity and
lasting regional goals as it would seem to undermine the weak, the
poor and the less affluent candidates seeking seats in public office
especially during the transitory period.

This failed to emphasize and

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respond to the historical background of the areas and the diversities of


customs and traditions of the Muslims different tribes, the Christians
and indigenous people that need to be calibrated with those members
being elected in the Bangsamoro assembly in order to prevent the
political patronage.
Fourth vital concern is Article VIII also, Section 2 of the BBL
which emphasizes the appointment of Wali. In Malaysia, an incoming
new chief minister cannot assume and exercise officially the mandate
of his office not unless after the conferment of a pronouncement by the
Negara or governor general in the absence of the sultan declaring him
as the officially mandated chief minister.

The Philippine government

may not have the legal personality to intervene as the MILF kept
declaring that the Bangsamoro juridical, political entity is asymmetrical
to the national government of the Philippines.

And as the Philippine

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


is referred to by the BTC now as the Wali.
Who would be the Wali? Shall the MILF appoint external forces
or a non-Filipino sultan or king to satisfy the provision of Article VIII,
Section 2 of the BBL?
The fifth vital concern is that why the MILF-led BBL did not tackle
the socioeconomic conditions, political status and present predicament

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of Filipino refugees in Sabah or North Borneo? The sultanate viewed


the abandonment of the present predicament/cmn

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


in North Borneo as acts of betrayal by those who created responsibly
the war in Mindanao and in Sulu archipelago. The failure or refusal to
discuss the socio-economic welfare and political status and conditions
of Philippine refugees in North Borneo became the root cause of the
summary deportation of the Filipinos in North Borneo. Due to this, in
2007, the World Refugee Organization accused Malaysia as one of the
top 10 countries in the world that violated the rights of the refugees.
And sixth vital concern is that in view of the continued trust of
the Sultan of Sulu to this government, the Philippine government, and
loyalty to the Philippine Constitution, the Sultanate of Sulu remained
peaceful and law-abiding to transfer of Sultanate of Sulus ancient
territories over Basilan, Sulu and Tawi-Tawi to the governments of
MILF is an unacceptable reality.
Is the BBL the prize to the trust of the Sultanate of Sulu since
1935 by the Philippine government?
Thank you.
So that ends the position of the Sultanate of Sulu.
THE CHAIRMAN (SEN. MARCOS).

Thank you very much for

the presentation that you have made, Princess.

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As you were speaking, theres just a general inquiry. During the


negotiations within the MILF and OPAPP, was the Sultanate of Sulu
included in any of these consultations, discussions that were done in
the formation of--which ended in the signing of the Comprehensive
Agreement, the Framework Agreement and finally the drafting of the
Bangsamoro Basic Law?
MR. IDJIRANI. If I may, Your Honors. The symbolic gesture of
the Sultanate of Sulu to respond to the call of peace in Mindanao, Sulu
and Palawan was even manifested in the 2004 submission by the MILF
of the MOA-AD. And in 2010, also the Sultanate of Sulu submitted an
official letter to OPAPP which unfortunately, in 2013 at the height of
the Lahad Datu standoff, it was declared that it was lost through
bureaucratic means. Likewise, together with this official letter also of
late Royal Highness Sultan Jamalul Kiram III, again, reiterating the
letter sent to former President Macapagal about the request for a
mandatory participation of the Sultanate of Sulu in the ongoing peace
talks in Kuala Lumpur at that time.
So the response, Your Honors, to the query by this Honorable
Committee is that, yes, the Sultanate of Sulu submitted all pertinent
requests and desire to participate in achieving peace and unity among

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the Filipino people not only in Mindanao, Sulu and Palawan but by and
large, throughout the Republic of the Philippines.
Thank you, Your Honors.
THE CHAIRMAN (SEN. MARCOS). But it sounds to me like it
was a unilateral action on the Sultanates part and that this
participation and consultation were not actually implemented during
the negotiations. Am I correct, sir?
MR. IDJIRANI. Yes, Your Honor.
THE CHAIRMAN (SEN. MARCOS).

Which I think leads us to

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

How is it that you imagine that something as wide-

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


territory in Muslim Mindanao could possibly have succeeded without
the support and the participation of the sultanates?
MR. LORENA. Thank you, Mr. Chairman.
First, Id like to express our thanks to the Chair for inviting us,
to Senator Francis Escudero and to members of the Committee.
At the outset, Id like to express the regret of my good secretary
for his failure to come because of another appointment.

And, of

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


panel likewise.
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Let me just capture the context of the negotiation with the MILF.
First, the journey to autonomy was crafted not by the government or
the Moro fronts.

It was upon the initiative of the Organization of

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


Minister in Benghazi which leads to the recognition that the need to
find a just, comprehensive and lasting political solution to the problem
in Mindanao should be through negotiation within the context of
Philippine sovereignty and territorial integrity.
Now, the way towards the coming out of an autonomous region
have two contexts. First, the negotiation context which was premised
on the Benghazi resolution and captured by Resolution 18 of the ICF in
1974; and two legislation.
The direction of the President through the panel house has been
to negotiate with bothbranch within the context of the Constitution
and, of course, recognizing historical significance or the experience of
the past. Necessarily, in the course of the negotiation with the MILF,
the negotiation was not just for the MILF or for the MNLF.

It is a

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


negotiation-CHAIRMAN (SEN. MARCOS).

Were there members of the

MNLF included in the panel sitting across from the OPAPP? Were there
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any representatives from the sultanates included in the negotiations


that OPAPP had with what you referred to as Bangsamoro?
MR. LORENA. Mr. Chairman-THE CHAIRMAN (SEN. MARCOS). Im sorry, Usec, you have
to answer my question.
MR. LORENA. Yeah. I will answer that, Mr. Chairman. In fact,
when the-THE CHAIRMAN (SEN. MARCOS). I think theyre answerable
by yes or no.
MR. LORENA. Yeah.
THE CHAIRMAN (SEN. MARCOS).

While the sultanates

represented during your negotiations with MILF which resulted in the


signing of the Framework Agreement, the Comprehensive Agreement
and finally, the drafting of the draft BBL, were there representatives
from any of the sultanates in those discussions?
MR. LORENA.

First, in the role to the negotiation, Mr.

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


Its very easy.
MR. LORENA. There were Bangsamoro congresses conducted,
Your Honor, which reflects--that the Bangsamoro congresses does not
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only pertain to MILF but to all the people in the Bangsamoro area
which necessarily include the Sultanates and the MNLF.
THE CHAIRMAN (SEN. MARCOS). The representatives of the
Sultanates of Sulu simply--Datu Kiram is sitting next to you.
shaking his head. Sultan Kiram is also shaking his head.

Hes

They were

not included. That is why we are having this hearing. How did you
imagine that something as important as far reaching, as profound, as
the creation of a Bangsamoro government in Muslim Mindanao could
possibly have been successful without including inputs, participation,
consultation from all of the sultanates. For that matter, from the IP.
MR. LORENA.

Mr. Chairman, they should like to put it into

context. This is a negotiation but-THE CHAIRMAN (SEN. MARCOS).

No, no, no.

There is no

context that explains the idea or the policy that you have undertaken
that does not include the sultanates in any--All of the other peace
agreements have included the sultanates because that is a recognition
that the sultanates are necessary to the peace process. That we have
to have them together with us as partners in peace. We cannot, by
any stretch of the imagination, possibly have a successful peace
process that will be, what we have referred to now as all inclusive,
when you have not included the most ancient of the royal houses, the
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sultanates and who are still extremely important in any kind of political
change that we are trying to institute in the region.
MR. LORENA.

Thats correct, Mr. Chairman.

But we should

first note that when there was this negotiation with the MILF, the MILF
was representing the Bangsamoro and after the negotiation, the idea
was to submit this to craft to a legislation for purposes of crafting an
inclusive Bangsamoro Law. In the whole process, we understand that
the participation of the royalty, the MNLF and the others will be
brought together because the Constitution, in fact, provides in the
crafting-THE CHAIRMAN (SEN. MARCOS). No, no, no, Usec.
negotiations that you undertook,

there were two panels.

In the
Am I

correct?
MR. LORENA. Yes.
THE CHAIRMAN (SEN. MARCOS).

What was that government

panel? What was it called?


MR. LORENA.

This is the government panel negotiating with

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

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

And what

was the other panel that you were negotiating?


MR. LORENA. The MILF representing the Bangsamoro people.
THE CHAIRMAN (SEN. MARCOS). No. The MILF themselves
MR. LORENA. Yes.
THE CHAIRMAN (SEN. MARCOS). representing themselves.
The sultanates were not included.

Were they included?

Did the

sultanates have representatives during your negotiations?


MR. LORENA. Well, I think during the negotiation
THE CHAIRMAN (SEN. MARCOS). I am sorry, Usec.
MR. LORENA.

From the MILF, we have a representative.

think the sultanate has representative.

We have a sultanate

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


there was no representative in the panel.
THE

CHAIRMAN

(SEN.

MARCOS).

There

was

no

representative from any of the sultanates.


MR. LORENA. In the panel, yes.
THE CHAIRMAN (SEN. MARCOS).

So, you were negotiating

about the land, the culture, the history of the sultanates and they were
not included in the negotiation.

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MR. LORENA. But they were included in the representation of


the MILF as the Bangsamoro.
THE CHAIRMAN (SEN. MARCOS).

That is not what we are

hearing from the position paper that has just been given to us this
morning. In any case by Princess GacalI am sorry, I misnamed you.
Princess KiramJacel, sorry.

Princess Jacel Kiram was the one who

made the presentation for the Sultan of Sulu. And I am afraid that she
contradicts what you are saying, Usec Lorena.
Anyway, with that, I would acknowledge Senator Escudero.
SEN. ESCUDERO. Maraming salamat po. Maikli lamang po ito,
Mr. Chairman.
Usec, tanong ko lang po. Sino po ba ang nagsabi na MILF ang
tatayong kinatawan ng Bangsamoro?

In other words, sino po ang

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


na nanditong kaharap namin ngayon? Who made that decision, sir?
MR. LORENA. First, in July of 1974, there was a declaration by
the Organization of Islamic Conference that the MNLF then, one was
the sole and legitimate representative of the Bangsamoro.

But after

the negotiation with the MNLF in 1996, definitely on the ground there
was already the MNLF and the MILF, so, the representation of the MILF
was really for the Bangsamoro.

That is why the government was


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negotiating with these fronts because they are articulating the interest
of the Bangsamoro.
SEN. ESCUDERO. Sir, ang tanong ko po, Sino? So, ang sagot
po ba OIC ang nagsabing MNLF ang kausapin niyo.

Tapos noong

wala nang armas ang MNLF dahil nakipagkasundo sa gobyerno, tinuro


din ho ba ng OIC na MILF ang kausapin niyo?
MR. LORENA. The negotiation for autonomy started in 1974, as
I said.

And that is really to find lasting autonomy.

That was a

partnership between the OIC, the government and the MNLF fronts at
that time.
SEN. ESCUDERO.

Tama po iyon, sir, nililiwanag ko lang po.

Again, kindly just answer the question directly.

Really, sir, we are

tolerating the fact that your principals are not here with the
understanding that you can answer for them. So, kindly answer the
question directly.

OIC ang nagsabi sa gobyerno na MNLF ang

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


MR. LORENA. Yes, sir.
SEN. ESCUDERO.

Ngayon, noong mas marami ng armas

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


ang kausapin niyo para magkaroon ng lasting peace sa Mindanao. Is
that an accurate statement?
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MR. LORENA. Thats not an accurate statement. The OIC did


not mention that.
SEN. ESCUDERO.

Pero sinabi po nila MILF na ang kausapin

niyo.
MR. LORENA. Hindi.
SEN. ESCUDERO. Ano po?
MR. LORENA. Since they have already an agreement with the
MNLF, the other half of that Moro front became the MILF.

So,

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


the negotiation with the MNLF with the MILF.
SEN. ESCUDERO. Sino nga pong nagsabing MILF ang kausapin
niyo?
MR. LORENA. Well, thats the reality on the ground, and I think
the government made that as an initiative to negotiate with the MILF
because they also represent the other half of Moro front.
SEN. ESCUDERO.

Let me unbundle po iyong definition po ng

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


ground, sila ang may pinakamalaking pwersa, armas at tao na
nanggugulo sa Mindanao noong mga panahong iyon? Thats the reality
on the ground.
MR. LORENA. That may be correct, Mr. Chair.
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SEN. ESCUDERO.

Now, again, sir, at anong dokumento ang

nagsasabiNagbigay po ba ng special power of attorney iyong mga


nandito, bumuto po ba sila, pumirma at in-appoint nila ang MILF bilang
tagapasalita nila, negosyador nila at kinatawan nila? Mayroon po bang
ganoong uri ng dokumento o bugso lamang po ng manahan mula
MNLF naging MILF? At dahil sa reyalidad sa ground, sabi niyo nga po
sila ang many pinakamalakas na puwersa, MNLF na lang po ang
kinausap ng gobyerno, without casting aspersion, sir.
MR. LORENA.

Wala namang special power of attorney but,

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


Congress
THE CHAIRMAN (SEN. MARCOS). Kahait na hindi SPA, Usec,
Lorena, mayroon bang isang sulat man lang na designation na
sinasabi, Kayo na ang mag-represent sa amin sa usapan ninyo sa
OPAPP?
MR. LORENA. From my experience, sir
THE CHAIRMAN (SEN. MARCOS). Alam natin na si Chairman
Datucan Abbas na tinatawag natin na Iqbal ay mayroong ganoong
klaseng formal designation. Mayroon din ba siyang formal designation
na nanggagaling, sabihin na natin sa MNLF, sa mga sultanate, kasi nga
siya ang humaharap bilang representative ng lahat ng Bangsamoro?
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Kaya ito ba ay formally recognized ng mga ibat-ibang sektor ng


Bangsamoro?
MR. LORENA.

Mr. Chairman, there is usually a resolution

submitted by a Bangsamoro Congress.


negotiating

with

the

government,

When I was with the MNLF

we

have

conducted

several

Bangsamoro congresses. In that congresses, resolutions were passed


endorsing the articulation of the fronts. In the MILF, there were also
congresses conducted not only in Maguindanao but in other parts of
the Bangsamoro. So, that is the basis, sir.
SEN. ESCUDERO.

So, ano po ang ibig sabihin ng congress,

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


MR. LORENA.

Pagtitipon where all the representatives of the

Bangsamoro people were invited.


SEN. ESCUDERO.

Sino po iyong nag imbita at gumawa ng

listahan?
MR. LORENA.

Of course, this is usually being invited by the

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

I cannot answer, Mr. Chairman, whether they

have been invited by the Moro fronts.

Usually, there is always a

Bangsamoro Congress.
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SEN. ESCUDERO. But, sir, hindi ho ba concern iyon sa parte ng


gobyerno

bilang

negosyador

na

iyong

kausap

natin

tunay

na

kumakatawan sa lugar na sinasabi nilang kinakatawan nila? At hindi


ho maaari na porket sinabi nilang ganoon na iyon ay ganoon na iyon.
Paano ho kung hindi? Tulad ngayon, hindi naman pala. At iyong mga
resolusyong iyon kung sinu-sino lang ho iyong nag-attend at nagpunta.
Iyon ho iyong sitwasyon na kinakalagyan natin ngayon.

Didnt the

OPAP or the GRP think that it was better for you to have exercised due
diligence in finding out? Nakonsulta nga ba lahat ang mga grupong ito
or you just left it to them? Bahala na sila.
MR. LORENA. Hindi naman bahala, Mr. Chairman. In fact, the
reason why in the negotiation, it was made a point that the negotiation
cannot be implemented if we legislate it precisely because of the
understanding that in a legislation, the process of consultation may
be had.

And, therefore, since the idea of forming a Bangsamoro

Autonomous

Region

is

also

provided

by

the

Constitution

and

appropriately there would be a consultation, the mechanisms were


provided.

That is why the Bangsamoro Transition Commission was

organized in order also to draft a law that will reflect the sentiments of
the entire Bangsamoro people, not just the MILF.

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SEN. ESCUDERO. I will wrap up, Mr. Chairman, by stating for


the record that, sir, kung iyong consultation papasok pag hinuhubog
na iyong batas, tulad ng hearing ng Kongreso, bakit niyo pinaglalaban
as is, where is? Dapat ito at hindi baguhin. Anong konsultasyon pa
ang gagawin kung ang position ng OPAPP at GRP hindi na ito
puwedeng galawin at baguhin?
Alam niyo, sa totoo lang, kung mulat-mula naging bukas ang
OPAPP at GRP sa mga pagbabago, mas mabilis pa siguro mapapasa ito
dahil nakapag-usap po tayo na Hoy, ito mali, ito ayusin natin, idagdag
natin iyong particular na pagbanggit sa IPRA Law. Kaya lang kayo po,
iyong mga bosing ninyo sa OPAPP at GRP nagmatigas. Ang position,
as is, where is hanggang noong isang linggo ho.

Biglang umamin

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


natin, ganito na.

Pero kung mulat-mula naging bukas kayo, hindi

sana ganito kalaki ang problema.


At pangalawa, anong konsultasyon po ang sasabihin ninyo? Eh,
as is, where is nga ang position niyo.

Kung talagang bukas kayo sa

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


sana ang naging pagbuka ng pananaw. Hindi ho tulad ngayon, na ang
konsultasyon palang mangyayari sa parte na namin. Dapat ho sana sa

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parte niyo nagawa na rin ho iyong konsultasyon para mas mabilis


iyong trabaho.
MR. LORENA.

Actually, Mr. Chairman, the panel have also

conducted consultation on their own even from the time of Chairman


Leonen.

But as I said, there were tiers of consultation.

One

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


the consultation which is the articulation of a sector of the Bangsamoro
is already legislated, there is again a consultation. In fact, after this
legislation, there would be again a lot of information.
But I am sorry if it was accepted that OPAPP was stonewalling on
as is, where is. But I think if there is a recognition that the plenary
power of thecpc

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MR. LORENA.

the plenary power of the House and the

Congress is accepted to mean that they can have certain review of the
proposed amendment by the Bangsamoro Transition Commission.
SEN. ESCUDERO. Mr. Chairman, just two more points.
Number one, can we ask all the invited guests when they deliver
their position paper to kindly state for the record kung pormal ba
silang nakausap, nakonsulta, natanong, at kung iyong panig ba nila ay
napakinggan ng MILF man, o ng OPAPP, o GRP, para for the record,
Mr. Chairman, hindi na natin kailangang tanungin nang isa-isa pa.
VOICE. [Off-mike]
SEN. ESCUDERO. Tapusin ko lang po, sir.
At, pangalawa, kaugnay po ng magiging posisyon natin sa bagay
na ito, I refer to the letter addressed, if Im not mistaken, to Mr. Iqbal,
presented in one of our hearings, Mr. Chairman, to contradict Usec
Lorenas position. Kung saan sinasabi po nung sulat na iyon na nuong
humarap ang gobyerno, ang pagkakaunawa ni Ginoong Iqbal at ng
MILF ang kausap nila ay buong gobyerno, kabilang na ang Korte
Suprema pati na rin ang Kongreso.

Kaya nga po ang posisyon nila

hindi namin puwedeng baguhin na rin iyon.

Sa mahabang panahon

hohindi ho ito misinterpretation, quotes po ito na nanggagaling

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mismo mula sa tagapagsalita ng pamahalaan, mula sa OPAPP, at sa


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

CHAIRMAN(SEN.

MARCOS).

Thank

you,

Senator

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

In the meeting that we had with the Secretary General

Hamidi of OIC, he very specifically mentioned over and over again that
the MILF is the body that they recognize, and that the body, the MILF,
had not been consulted in any of the negotiations, or in any of the
discussions that led up to the drafting of the BBL. HenceIm sorry,
Usec Lorenathat puts paid to your assertion that these consultations
occur. The position paper that has been read to us clearly also states
that the Sultanate of Sulu, despite all of their efforts to involve
themselves in this peace process, were ignored. And it seems to be
that that is the same situation with all of the sultanates, with all the
IPs, with the local government units, with the MNLF, and that is why
we are conducting these hearings to try and make up for that
shortcoming in the process that was undertaken by the OPAPP.
Essentially, Usec Lorena, we are doing your job for you. We are doing
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your work for you.

This is something that you should have done

during the process of negotiation so that when you presented the BBL
to Congress, then that version of the BBL incorporated into it all of the
views, opinions, suggestions from all of the stakeholdersand I cannot
think of any larger or more important stakeholders in the process than
the sultanates. And having said that, I would like now to turn over the
floor to Congressman Mike Mastura who has some interventions to
introduce.
MR. MASTURA. Yes, Mr. Chairman. Thank you very much.
With your permission, I want to put on record, I cannot in
conscience leave this room without putting on record that this is about
negotiation and transformation of nation of that negotiation for conflict
resolution.
So the authority that the Honorable Senator Escudero is asking is
not on the basis of appointment, or election, or nomination, but he was
right in the premise that it is the armed groupin other words, the
non-state actorswho are negotiating
THE CHAIRMAN (SEN. MARCOS). The armed group, not the
ARMM, as in A-R-M-M?
MR. MASTURA. No, armed group.

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


Congressman.
MR.
negotiating.

MASTURA.

Right.

A-r-m-e-d,

non-state

actors

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

first negotiation was undertaken under your own father. This was the
Tripoli Agreement of 1976. I want to say this that, Senator Escudero,
I was an undersecretary, together with your father, at that time. The
inputs that I can say is that the result of the 1996 agreement
converted to domestic law is an unfinished business. So that is why
MNLF, led by Chairman Misuari, still goes to OIC.
The other consideration is why is MILF taken into the picture?
Because they are also with superior arms fighting the government, and
it is the duty of government precisely to deal with these security
problems. And so, former President Fidel V. Ramos, a cousin of former
President Ferdinand E. MarcosIm a historian so I would know this
General Ramos, when he became president, reached out to the MILF,
reached out to Chairman Hashim, that is where I came into the
picture.

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

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


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

A lawyerThere are no lawyers in the jungle,


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according to your father, so he wanted me to return to Congress. I


said, No more.

Salamat has invited me into the panel.

And,

anyway, it brings us to the point that we are still at it, there are two
documents nowthe FAB and then the CAB, and that is where BBL is
leading us to.
I want to correct the impression that BBL is not a product of that
negotiation, the draft, I mean.

It is a product of appointees of the

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


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

The negotiation will take backseats because this is about

legislation.

That is why with your permissionbecause I did not

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


documents, and I have written your secretariat, and I have submitted
them, and it is for your disposal and I hope that it will be read for the
record.

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

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


explain a symmetryasymmetrical relation.
Let me go back to the point.

So there is no authority on the

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


So with MNLF, under Nur Misuari.

But because it is now under

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


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agreement, lex pacificatoria.

So this should not be treated, Mr.

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


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

It
And

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


standing invitation. I prefer to come to you. Im sorry for not coming
during the Mamasapano investigation. I did not feel like being a
military man, so I did not come.
So, now Im here as a lawyer, as a former congressman, as a
scholar, and now the idea is to produce a law/mrjc

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


supplant the Organic Act? The title itself is very misleading, thats why
it is to abolish the Autonomous Region. I dont think we can abolish
the Autonomous Region because it is a constitutional provision.
other words, ARMM.

In

Therefore, technically, what we should do is to

revise the Organic Act.


So, the title itself, normally, a lawI have been a legislator, a
law talks about its title only after all the provisions are discussed and
approved. But here I am because it is important to know the purpose
of the law. The purpose of the law is to revise. Like the Constitution,
its either you amend or you revise. In this case, its a total overhaul
of Organic Act, the original.
I was still a member of Congress when we passed 6734. And as
amended, this is also a response of government to the MNLFs
demands.

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

expanded Organic Act.

So, it always referred to the law.

And what

Congress does with the law is never abolishing the Autonomous


Region. So, in short, we should address the transitional aspect of this.
Therefore, revision would be more proper, like we would revise the
Constitution if it is entirely overhauled.

Thus, we can set up a

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

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course.

Thats why you can shift from one form or structure of

government.

But there is a doctrine of what you call Act of

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


for example, Aland in Finland and even Bougainville. Then, the
question will be addressed on whether we would need a constitutional
charter as reported already by the Honorable Miriam Defensor. I have
read the report and I cited it in the position paper that I submitted to
you.

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

The

authority youre asking


The third partyThis is the third part.

So, when the war was

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


administration, the Arroyo administration, took up and picked up the
reaching out of President Ramos; and President Arroyo went to a state
visit in Malaysia and asked for a third-party facilitation. That is where
former Prime Minister Mahathir came to the picture.

And the

agreement on that state visit was that the Philippines will form a panel.
At that time, GRP was used, not GPH. And on the part of Salamat, as
chairman, he would form a panel.
It is important also, Mr. Senator, that we refer to the letter of
Chairman Salamat to US President George Bush.

For more than a

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

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Moros would have a direct conversation with the highest authority of


the government of the United States. And that is why the treaty
mentioned and referred to by Dayang Dayang Jacel Kiram is important.
Okay. This is no intervention. The late Salamat did not mean that the
US will intervene.

I appealed in the WikiLeaks. I think they are not

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


that.

For that reasonbecause of that the only reason why this

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


Department. And this response was that the Bangsamoro people have
legitimate grievances.

But the reason behind that correspondence

between MILFs, Chairman Salamat and the US State Department was


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

I think that is important because that makes the

distinction in foreign policy and in domestic policy.


So, I will probably end up here but later on, allow me to
intervene why the sultanates, why this traditionBecause this is a
vindication of a neglected policy on what to do with the sultanate
despite claims of territories.

There is no real policy addressing the

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


What we lost is power because of governance, republican system.
What we still own and haveI belong to the direct bloodline of Sultan

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Kudarat, therefore, sultan of Maguindanao. What we have in our laws


is influence and that is why we are here. But I want to have an advice
also in dealing with this. This is what I promise you, Mr. Chairman,
Senator Marcos, to help you, sort this out. I advise that those claiming
sultanates should go back to our genealogy, our Tarsila. Then we will
help government settle our seemingly unending, intermittent clashes
along clans level, then we would not bother government.
Where you can help us, Mr. Senator, your committees, Peace
andSenator Guingona is not here, the chairman in Reconciliationis
look at our series of treaties, look at our structures. Because the last
treaty, Carpenter Agreement, mentioned that the Sultan of Sulu would
be the head of the Mohammedan church. Again, in these days, Senator
Chiz, this is politically incorrect.

We are not Mohammedans, we are

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


Tagles counterpart.
THE CHAIRMAN (SEN. MARCOS).

Congressman, we have

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


important, unfortunately, we simply do not have the time to pursue it
in that great detail.
MR. MASTURA. Yes. Thank you very much, Mr. Chairman.
SEN. ESCUDERO. Mr. Chairman, just a brief

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


SEN. ESCUDERO. I thank Congressman Mastura for his inputs.
But really, SPA appointment and authorization was a figure of
speech if only to highlight the fact that these people were not
consulted. Tanggap at alam ko po na silay mas may pinakamaraming
armas kaya nga nandito ho kami ngayon.

Ang batas ginagawa para

pangalagaan ang sinuman, being a legislator yourself.

Ang batas

ginagawa para pangalagaan ang interest ng minorya, hindi para


pangalagaan ang interest ng mayorya at dati nang malakas na
maraming armas.

Nandito ho kami para pangalagaan iyong interest

ng hindi kayang ipaglaban iyong interest nila. And at the end of the
day, whether it is MILF/cda

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


have still talked to all of these minorities and minority groups,
pakinggan man lang sila, hindi man nalagay sa batas, hindi man
nalagay sa bill, ang importante nabigyan sila ng pagkakataon marinig
na tila hindi ho lubusang nagawa to the contentment of the people we
have here before us. Hence, the long hearings of Senator Marcos until
this afternoon.
Thank you, Mr. Chairman.
THE CHAIRMAN (SEN. MARCOS).

Thank you, Senator

Escudero.
Yes, we can anticipate that certainly. But it is long as they may
be, lengthy as they might be, they are, to me, obviously necessary and
that is why we are conducting them despite the importuning

of

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


and just pass the bill and dont bother studying it too hard.
ipasa na lang para na lang matapos na.

Bastat

Hindi namin matanggap-

tanggap na ganyan ang aming katungkulan sa mga nagluklok sa amin


dito sa mga posisyon namin and that is why we are conducting these
hearings.
So, thank you for the presentation that was given us from the
Sultanate of Sulu.
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The issues that were raised are issues that have been raised
before most specifically in our hearings in Jolo wherein many of these
points were made, the point that the non-recognition of the historical
background of the Sultanate of Sulu that is expressed in the BBL of
changing Sulu Sea into the Bangsamoro waters because that is
precisely something that is unacceptable simply because it is incorrect
and inaccurate and does not have an eye to historical realities.

The

issue of the Wali is also something that has been raised and it is
something that has been explained to us, again, in the hearings in Jolo
that the Wali represents the Sultan and there is no need to appoint a
Wali if the Sultan is available to do at least the ceremonial duties and
that is one of the contentious issues.

The organization of the

parliament and the division between voting and appointed seats of 60


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

I think

that is more or less the point that is made except further to mention
the fact that the tribal delineations of the Tausugs in the Sultanate of
Sulu must also be recognized and have not been recognized.
So, we thank you for that presentation.
I think we have a great many of these position papers to go
through. I would like now to proceed to the next position paper that

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will be presented.

It will be presented by the chairman and the

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


Datu Mama-o, are you ready to present the position of the Royal
House of Bayang?
MR. MAMA-O. Thank you, Mr. Chairman.
Yes, I am ready.
THE CHAIRMAN (SEN. MARCOS). The Royalty of Bayang and
Pagayawan.
MR. MAMA-O.
barakatuh.

Yes.

Assalamu alaikum wa rahmatullahi wa

My warmest greetings of peace to Honorable Senator

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


and Senator Francis Chiz Escudero and all the resource persons who
are present here today.
I see my good friend Abraham Idjirani and Princess Jacel.

My

late condolence to your father. I was not able to attend the--he was
my friend.
I am here on behalf of the Sultanate of Bayang, his Royal
Highness Sultan Ali Manding who appears to be my uncle and we thank
you, Honorable Senator, for this invitation that the Sultanate of
Bayang is allowed and given the privilege to participate in the joint

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public hearing of Senate Bill 2408 or the Proposed Bangsamoro Basic


Law.
Before that, Mr. Chairman, allow me to introduce myself. I am
the incumbent Datu-a-Cabugatan sa Bayang (crown prince of the Royal
House of Bayang, Lanao del Sur), in line with the throne of the
sultanate of the descendants of Moriatao Amdhag, from the Sharif
Amerudin clan. I am also the present chairman of the Moriatao Diwan,
the great descendants of the Royalty of Bayang and Pagayawan.
The Royalty of Bayang and Pagayawan are all by originally
brothers, the Diwan and the Pagayawan.
The Sultanate of Bayang is among the four pioneer principalities
of the Royal Houses of Dalm-a-Unayan, Dalm Masiu, Dalm-aBayabao and Dalm-a-Baloi. Those are the four beginning territories,
Mr. Chairman, when the two Lanao provinces are still intact, one
province. This is now expanded to 16 royal houses of Lanao provinces
including the 28 sultanates of surrounding municipalities that served as
the legislative body.
The Sultanate of Bayang was the seat of power of the Paramount
Sultan of the 19 royal houses of Mindanao and Sulu during the reign of
the late Sultan Haroun Al-Rashid Lucman, former sultan of Bayang and
my uncle in second degree. He was proclaimed by the late President,
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your father, Mr. Chairman, the late President Ferdinand E. Marcos, at


Malacaang Palace in 1975, if my memory is right.
In short, we trace our lineage to the established Mindanao
royalties who ruled prior to era of Philippine colonization.

We are

descendants of the original inhabitants in the archipelago.


Our ancestors had their own political, economic, and social
systems. They exercise their right to self-determination. It is a pride
of Philippine history that its Moro people were never colonized for more
than 300 years. We are people of distinct history and culture; that is,
we are self-governing and first nation builders. Our ancestors fought
valiantly for us to be not subjugated by Spanish, Japanese and
American colonial rule. Our hometown is remembered for the Battle of
Padang Karbala

in Bayang in 1902 during the American occupation.

The Americans chronicled the war as the fiercest battle in all of the
insurrection.
Ladies and gentlemen, it is carved in the history that Southern
Mindanao was only forcefully annexed, without consent, into the
Philippine system when Spain ceded the country to America in 1898.
Hence, the historical injustice, that up to now this generation and
administration aim to address through peaceful means through the
Bangsamoro peace process.

Originally, our elders in the Moro fronts


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since the 1960s struggled to regain our independence as a people. But


with the realities that we are minority or historically minoritized in the
country, the MILF negotiated for genuine autonomy within the
Philippines through democratic process and legislative process.
In short, Mr. Chairman, I would like to inform the body that
there was before a question who endorsed, I mean, if there was any of
the sultanate who endorsed the negotiation, and for the information of
the body, the great descendants of Diwan passed a resolution during
the administration of former President Macapagal-Arroyo, through
Secretary Avelino Razon Jr., asking the resumption of the peace
negotiation between the MILF and the government. So, the statement
that there was no royalty who endorsed the one was that probably the
royal house of Bayang endorsed this. And that is on record during the
time of former Secretary Avelino Razon Jr. in the OPAPP.
What is our position/hsg

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MR. MAMA-O.

What is our position on the BBL?

The position of the Royal Sultanate of Bayang is a resounding


yes for the passage of BBL or the Bangsamoro Basic Law.
And allow me to state the reasons why we support the
Bangsamoro Basic Law.
1.

The BBL addresses the Bangsamoro aspiration for genuine

autonomy as a solution to historical injustices done to the Bangsamoro


people who have been struggling to regain their right to selfdetermination.
Ang BBL po ang tugon sa matagal na hangad ng Bangsamoro
para sa tunay na awtonomiya. Labimpitong taon na po ang tagal ng
negosasyon sa pagitan ng MILF at gobyerno sa nakaraang tatlong
administrasyon hanggang ngayon.
I was part of the Consultative Conference on Muslim Mindanao
Autonomy organized by the steering committee for the drafting of the
Organic Act of the Autonomous Region in Muslim Mindanao back in
1987.

Unfortunately, ARMM has not fully achieved and exercised

genuine political and fiscal autonomy.

Hopefully, it can be realized

with the proposed establishment of the Bangsamoro political entity.

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2. The BBL keeps our country intact and recognizes Bangsamoro


identity, retaining one Filipino citizenship.
Ang BBL po ay naaayon sa diwa ng Saligang Batas na social
justice.

Ang BBL po ay maghiihilom sa sugat ng Bangsamoro na

magkaroon po kami ng tunay na awtonomiya matapos ang ilang


dekada ng rebelyon at negosasyon.
Hindi separate o hiwalay na bansa ang Bangsamoro political
entity. Ang BBL ang daan para tuluyan nang kilalanin ang Bangsamoro
socio-political identity na kaisa bilang mga kapwa Pilipino.
3. The BBL is a product of numerous consultations and
consensus building.
The BBL is based on the Comprehensive Agreement on the
Bangsamoro (CAB) which is a product of 17 years of peace
negotiations, where both parties, the government peace panel and the
MILF, invested so much effort and goodwill. The proposed BBL was not
made overnight.

Numerous consultations were made by the parties

and peace advocates from various sectors of society to form the


proposed BBL.

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

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

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agreement was signed in 2014 and it can be put to life through the
passage of the Bangsamoro Basic Law.
4. The BBL ought to be passed. This should be the mindset of
progressive Filipinos. The passage of BBL is not being rushed per se,
giving importance to it as an affirmative action for justice and peace
aspired for by the Bangsamoro.
Yes, we want a good quality of BBL. But that can be done with
due appreciation of the urgency of this priority legislative measure.
For our lawmakers who truly understand the decades-old Bangsamoro
history, struggle, and aspiration, the time has come to finally resolve
the long wait for a political solution for the Bangsamoro.
Our appeal is that time is of the essence. We have in our midst
integral components for a successful peace process. The political will
of the current administration and the leadership of Congress as well as
the support of various stakeholders as shown in surveys.

It is our

earnest appeal that our political leaders transcend partisan divisions


and work together in this historic opportunity to resolve the decadesold conflict in Mindanao and lifelong struggle of our Moro brothers and
sisters.

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Kayo pong ginagalang naming mga mambabatas, our lawmakers


and legislators who have this monumental role, nasa kamay niyo po
ang pagkamit ng matagal nang hangad ng kapayapaan, hustisya at
kaunlaran ng Bangsamoro na para sa bayan, para sa lahat. Let us not
waste this golden opportunity for peace and development for the
future of young Moros, women, and children who suffered the brunt of
conflict.
Kami pong mga Muslim at Bangsamoro sa Pilipinas ay minoridad.
Our future is in the hands of the majority who have the power in the
halls of Congress to enact the Bangsamoro Basic Law. The majority of
the people in the proposed Bangsamoro political entity are in favor of
the BBL.
5. Why we agree is that the BBL will pave the way for
transformation of MILF combatants as partners for peace and security.
The MILF has committed to a democratic process to run for
elections in the future Bangsamoro region.
accommodation.
decommissioning

They
their

shall

transform

combatants

and

There is no political

into

civilian

life,

fully

armaments

with

the

establishment of the Bangsamoro.

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We hope that our brothers and sisters in MILF will see the light of
their struggle with the passage of BBL that shall benefit all sectors in
the country.

The leaders of MILF are just as tired of war.

But we

cannot stop the eventuality of war if some of their combatants lose


hope and trust in the peace process, should a signed peace pact
remain merely in paper. It is unfair to say that BBL is just for MILF or
for Muslims.

The negotiations and consultations were long and

arduous because of the conscious effort to fit the Bangsamoro law


within the flexibilities of the Philippine Constitution and the various
concerns of stakeholders.
6. Why we are in favor is that the Philippine Constitution clearly
mandated

the

creation

of

Autonomous

Region

in

Mindanao

in

recognition of the distinct history and culture of Moros and Muslims in


the South. On the question of constitutionality, we trust that everyone
did their diligent review on the BBL provisions. Malacaang, the MILF
peace

panel,

the

government

peace

panel

and

the

esteemed

lawmakers at the House and your good office are all one in ensuring
constitutional BBL. And the Supreme Court has yet to weigh in on the
issue.

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However, one can find legal luminaries who think otherwise and
say that BBL has unconstitutional provisions but not its entirety. Once
and for all, let us ensure it is merely to trash the law and extinguish
hopes of the people for a political solution for the Bangsamoro
aspiration.
7. Why we are in favor is that we appeal to our esteemed
lawmakers to view the proposed BBL as a proposed law from the
grassroots, from the Bangsamoro people.

Our legislative process is

open to a process where a proposed law can emanate from the people
whom sovereignty emanates according to democratic principles. You
our legislators are elected by us, your constituents. We, Bangsamoro
are one and among your constituents.
Our recommendation is that, Mr. Chairman, as your good
committee is currently reviewing the proposed BBL, we also have
specific recommendations that we appeal to be considered for inclusion
in the draft.
1. Recognize the role and function of the sultanate as legitimate
partner of the provincial, city and municipal administrators in the
Bangsamoro region.

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We urge the BBL to explicitly recognize and provide roles for the
royal

houses

of

Mindanao

and

Sulu

in

the

formulation

and

implementation of peace and socioeconomic development in the


proposed Bangsamoro political entity.
Furthermore, we propose to cite in the BBL the primordial role of
the royal sultanate of Mindanao and Sulu as an acknowledged and
continuing local leadership since time immemorial in accordance with
the Taritib (ancient laws) and Ijma (traditional practices) of Moro
people.

These laws and practices existed in pre-Hispanic time since

14th century and still practiced up to now.


On February 9, 2007, Mr. Chairman, former President Gloria
Macapagal-Arroyo issued Executive Order No. 602 creating and
establishing the Lanao Advisory Council.
sultanates have

manifested

their

It states that 16 royal

willingness

to

participate

and

contribute towards the development of Mindanao and promotion of


peace in the area.
Mr. Chairman, it is now timely to truly recognize the role and
function of the sultanate as legitimate partner of the provincial, city
and municipal administrators in the Bangsamoro region. The sultanate
has unquestionable power as local leaders with high moral authority

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from the people and for the people.

The throne of the sultanate is

drawn from the lineal blood of the royalties that existed before the
enactment of Malolos Constitution and even before the insurgency in
Mindanao has begun.
2. As for our other concern, we propose the revival of the
defunct Commission on National Integration to provide more funds and
benefits for indigent Filipino Muslims to have a free collegiate
scholarship program in order to alleviate the suffering of poor parents.
This program was implemented during the administration of your
father, the late Ferdinand Marcos. And it was transferred to the/cmn

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MR. MAMA-O.

And it was transferred to the Department of

Education until its dissolution during the Cory Aquino administration.


Education is the best way to make the Filipino Muslim brothers and
sisters productive citizens who make meaningful participation in nation
building and reform. This also gives halt to the proliferation of out-ofschool youths who are susceptible to radicalization.
Number three, the equitable share of revenues of Lanao del Sur
from the income from hydropower of Lake Lanao.
An issue close to our heart is also about Lake Lanao. As already
raised

by many sectors from Lanao del Sur including in your

consultation held at Marawi City, Mr. Chairman, we are hopeful that


BBL would address our decades-old aspiration for the improvement of
management and in the share from the revenues from Lake Lanao as
hydropower resource. It has been a long time irony that Lake Lanao
serves the power needs of Mindanao, but the people of Lanao del Sur
experience scanty benefit from its revenues.
In the draft BBL, the future Bangsamoro government

has the

authority to enact laws for the management and protection of Lake


Lanao.

But as hydropower resource connected to the national grid,

people

of Lanao remain to be just a host community and ironically

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most areas experience blackouts and poor electric services and live in
the dark.
We, in Lanao del Sur, hope that as the BBL addresses the
Bangsamoro aspiration for self-governance, it can also give justice to
Maranaos to feel the benefit of the improved sharing revenues from
the Lake Lanao that shall go to basic services in the province.
Maraming salamat po, Mr. Chairman.
THE CHAIRMAN (SEN. MARCOS). Thank you very much, Datu
Alexander Mama-o.
To go through the points, I would just like to ask very brief
questions to the recommendations. We, of course, in the Committee
and I think in the entire country, share your desire that we finally
achieve true and lasting peace in Muslim Mindanao.

I, again, reject

the assertion that many have made, that any of us who have taken the
effort and put in the time to make sure that the draft BBL is one that is
all inclusive, that is one that will actually be successful, that this one
that has been thoroughly thought out so as to be able to achieve peace
in Muslim Mindanao are against peace. I think that assertion has been
clearly contradicted and proven to be a falsehood.

That is why we

believe that this is a continuing process and BBL is only part of that
process.
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Your first recommendation that you make is to recognize the role


and function of the sultanate as legitimate partner of the provincial city
and municipal administrations in the Bangsamoro region.

Why do you

make this recommendation? Do you feel that in the Bangsamoro Law,


as it has been written, this recognition has not been made?
MR. MAMA-O. Yes, Mr. Chairman. I have read not the entire
provisions but of the draft Bangsamoro Basic Law. This is not only my
concern but it is also the concern of the other living sultans of Lanao
and the other place that they should be clothed with authority if it is
possible under this draft BBL, to be a partner of the municipal,
provincial and city administration of the Bangsamoro-THE CHAIRMAN (SEN. MARCOS).

So during the negotiations

of OPAPP and the MILF, were you able to make this recommendation
to them?
MR. MAMA-O. No, because there is no invitation for us to join
or participate in the discussion.
THE CHAIRMAN (SEN. MARCOS).

So I see. So you were not

given the opportunity to consult in those negotiations and, therefore,


you are taking the opportunity now at this hearing to make the
recommendation to the Committee.
MR. MAMA-O. Yes, Mr. Chairman.
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THE CHAIRMAN (SEN. MARCOS). Thank you for clearing that


up. The other recommendations that you made are on the scholarship
assistance for Filipino Muslims.

That is something that I think we

would like to incorporate to make very, very clear--This has also been
a position that has been stated by other sectors that we must not only
talk of a peace agreement that merely means the cessation of fighting
but we must also talk of a peace agreement that includes the
accelerated development of Muslim Mindanao with the recognition that
Muslim Mindanao has, in fact, been left behind. That is why the term
Imperial Manila seems to fit the situation particularly well.

Am I

correct in my assessment of your recommendation?


MR. MAMA-O.

Yes, Mr. Chairman.

You know, this special

benefit was enjoyed by our Muslim brothers and sisters during the time
and administration of your late father, Ferdinand E. Marcos.
THE CHAIRMAN (SEN. MARCOS).

Thank you.

That is why, Datu, I am still of the opinion that even the most
perfect version that may be passed of the Bangsamoro Basic Law is
not sufficient to achieve a true and lasting peace.
achieve perhaps a cessation of hostilities,

It will merely

but what

is more

important is a true and lasting peace which will only be brought about

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by greater representation of our Muslim brothers in government, not


only in the local governments but also in the national government.
And secondly, an accelerated development not only of Muslim
Mindanao but all of Mindanao so that our Muslim brothers can enjoy
the benefits on the progress that are being felt by other parts of the
Philippines.
And the third is another issue that has been raised before is of
Lake Lanao.

We are having to resolve the position that you have

stated that Lake Lanao be considered as part of the Bangsamoro--shall


we say, the dominion and that there be greater share applied. It is a
difficult issue because this is not the treatment that we have made
with other areas where there have been sources of power and the
sharing has still been from the national grid. But in any case, the point
is well-taken and has been well explained so we will include that in our
discussions.
Thank you, Datu Alexander Mama-o, for the position paper of the
descendants of the royalty of Bayang and Pagayawan.
So we move on now to the next position paper which we have
received.

I call upon the representative of the Iranon Sultanate

League of the Philippines, Sultan Attorney Rico Pelandoc.

Atty.

Peladoc, are you ready with your presentation?


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MR. PELANDOC.

Yes, Your Honors.

THE CHAIRMAN (SEN. MARCOS).

Sultan Attorney Rico S.

Pelandoc, please proceed.


MR. PELANDOC.

Thank you, Your Honor.

Tamang-tama po

katatapos lang ng pananghalian. Salamat po sa pagkain.


With your permission, Mr. Chairman.
Honorable

Senators,

invited

guests,

My courtesies to the
leaders

and

elders,

representatives of different sultans, invited speakers, ladies and


gentlemen, good high noon.
Assalamu alaikum wa rahmatullahi wa barakatuh.
Mr. Chairman, I speak in behalf of the Iranon Sultanate League
of the Philippines, and the royal houses of Iranon consisting of at least
16 royal houses in different parts of Mindanao particularly in the
provinces of Maguindanao, Lanao del Sur, Lanao del Norte, North
Cotabato, Zamboanga del Sur and Zamboanga Sibugay, Your Honor.
Your Honor, with your permission, if I may present the sultans
and representatives of different royal houses, Your Honor. At my back,
Your Honor, the sultans and representatives of different royal houses
in different parts of Mindanao.
THE CHAIRMAN (SEN. MARCOS).

I would like to extend my

welcome and to thank the participation of the sultans and the


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representatives of the other royal houses to the Senate.

We value

your participation and your inputs into this process.


Thank you very much for coming today.
MR. PELANDOC. Thank you, Your Honor.
Our president/cfd

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MR. PELANDOC. Our president is Sultan Pang Ibay of Sultan


Saab Hassan, Your Honor.
Your Honor, we came here for three main reasons:

One, we

would like to personally express and convey our heartfelt gratitude and
thanks to the Honorable Senators who sponsored the draft BBL, Your
Honor, and particularly, as a Chairman of the Local Government. And
please consider our presence as our appreciation of sponsoring that
draft BBL.
Secondly, we are here, Your Honor, to participate in making of a
very important law. As a matter of fact, in relation to what the former
Congressman Mastura said, With us, we brought a genealogist in the
persons of Ayunan Dato Usman Mapundo and former Assemblyman
Lamit Alim.

They are genealogists, Your Honors, just in case that

their inputs may be needed by your Honorable Committee, Your Honor.


THE CHAIRMAN (SEN. MARCOS).

Yes, those inputs will be

very welcome. So, if we could be given a copy of their research and


analysis, I am sure that we will find the good use for them in this
process.
Thank you.
MR. PELANDOC. Thank you, Your Honor.

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And finally, Your Honor, we would like to reiterate our previous


petitions to the Houses of Congress the amendment of Article IX,
Section 19.

It talks about the preservation of Bangsamoro cultural

heritage of sultanates.
And

with

your

permission,

if

we

may

read

therequest

amendment, Your Honor.


THE CHAIRMAN (SEN. MARCOS). Go ahead. You are going
to read your proposed amended Section 19 of Article IX of the draft
BBL, am I correct?
MR. PELANDOC. Yes, Your Honor.
THE CHAIRMAN (SEN. MARCOS). Okay.
Attorney, please go ahead, Sultan.
MR. PELANDOC. Thank you.
Section 19 Preservation of Bangsamoro Cultural Heritage of the
Sultanates.

To preserve the history, culture, arts, traditions and the

rich cultural heritage of the Sultanates such as the Sultanates of Sulu,


Maguindanao, Buwayan and the Royal Houses of the Maranaos,
Iranons, and indigenous peoples of the Bangsamoro, there shall be
created a Bangsamoro Commission for the preservation of the cultural
heritage. Thats our appeal.
Thank you, Mr. Chairman.
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THE CHAIRMAN (SEN. MARCOS).

Yes. I am looking at the

section, as written. And it is noted that the Houses of Iranons are not
included in the language that Section 19 proposes.
Have you been able, Sultan, to make this proposal before? And
if so, why was it not included in the draft BBL?
MR. PELANDOC. Your Honor, you are correct in saying that we
really need to read and be meticulous about very important thing.
Because initially, Mr. Chair, we were all in the belief that the BBL
submitted to Congress the perfect BBL. But lately, Your Honor, when
there was a hearing outside central Mindanao, we discovered, Your
Honor, that the Royal Houses of Iranon were omitted, Your Honor.
And thats why we wrote immediately the House of Representatives
and Your Honor.
THE CHAIRMAN (SEN. MARCOS). Did you make known your
suggestion to OPAPP whilst they were in the process of writing the
draft BBL?
MR. PELANDOC. Written, Your Honor? I think the league had
not the opportunity to have access for that communication, Your
Honor.

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THE CHAIRMAN (SEN. MARCOS).

So, this is the first time

that you have been allowed to make that proposal as to this


amendment to the draft BBL Section 19, specifically of Article IX.
MR. PELANDOC. Yes, Mr. Chairman.
THE CHAIRMAN (SEN. MARCOS). Okay. So, thank you very
much, Sultan Atty. Rico Pelandoc.
We again share your desire that this be a step to true and lasting
peace.

And also, we agree that the Royal Houses and Sultanates of

Muslim Mindanao should be given the opportunity to be part of this


process, to be part of what will be the Bangsamoro government. And
it is my belief, as I have earlier stated, that it is imperative for the
success of the Bangsamoro government that the Royal Houses and the
Sultanates be part of that governance. Thank you again, Sultan Atty.
Pelandoc.
Is there anything else youd like to add?
MR. PELANDOC. Thank you, sir.
Just a last statement.

We appeal to be included in that

provision, Your Honor, because we believe that the sultanate is a living


testament of the achievement of our forefathers in the contribution of
human civilization, Your Honor.
Thank you.
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THE CHAIRMAN (SEN. MARCOS). Thank you, Sultan.


Just one quick question.

Is there a specific way that you see

your involvement in the Bangsamoro government? Would you have a


specific idea how you feel that you can contribute?

Sorry. How the

sultanate feels that it can contribute to the governance of Muslim


Mindanao, of Bangsamoro?
MR. PELANDOC. Yes, Mr. Chairman.
The

Sultanates,

as

we

know

are

very

influential

in

the

communities. And if the sultanates would approve government plans


and programs, then it can be effectively implemented if the sultanates
would support such kind of programs and plans, Mr. Chairman.
THE CHAIRMAN (SEN. MARCOS).

I fully agree with that.

Again, I failed to understand how the sultanates had not played the
bigger part in this process because the success or failure of this peace
process, and I speak not only of the BBL but the entire peace process,
rests a great deal on the support and assistance of the sultanates and
the royal houses.
So, with that, thank you again, Sultan Atty. Rico Pelandoc.
MR. LORENA. Mr. Chairman, just

quick

THE CHAIRMAN (SEN. MARCOS). Yes, Usec Lorena.

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MR. LORENA.

We received this from the panel.

On record,

there were consultations five times with the sultanates, formally.


There was also a consultation with the family of Sultan Jamalul Kiram
sent to me now. In fact, this was done in 2000. I think we had the
opportunity to meet the late Sultan Jamalul Kiram, his brothers and
their wives in 2011 in a closed door consultation process. I just like to
put it on record, Mr. Chairman.
Thank you.
THE

CHAIRMAN

(SEN.

MARCOS).

Yes,

that

was

consultation but that was not specifically to do with the formal


agreements, the so-called framework agreement, the comprehensive
agreement, and the drafting of the BBL. So, I do not know that
MR. LORENA. And, Mr. Chairman, one last
THE CHAIRMAN (SEN. MARCOS). Well, Usec, you kept saying
that you consulted with the sultanates and the royal houses, they kept
saying that you did not. They say now that this is the first chance that
theyve had to make their proposals. And the reason they say that is
because you have not responded to any of their communications. So,
that is why we thought the need to have these hearings, in the first
place.

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But in any case, your consultations, as you have explained them


whenever and wherever they may have been are put on record. So, I
think that is sufficient.
MR. LORENA. Thank you, Mr. Chairman.
THE CHAIRMAN (SEN. MARCOS). Thank you.
So, now, I have a notecpc

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THE CHAIRMAN (SEN. MARCOS).

I have a note here that

Abraham Idjirani of the Sulu Sultanate would like just to weigh in on


this point that we are making right now.
Mr. Idjirani, would you like to
MR. IDJIRANI. Yes, Your Honor.
Id like to respond and clarify the matter by saying that it was
me, Your Honor, who brought the June 2010 letter to OPAPP whereby
we have a conversation, formal conversation, with one of the executive
director in the person of Director Ambulato (?). And we came into an
agreement that the OPAPP would meet the three brothers, namely, the
late Sultan Jamalul Kiram III, Sultan Esmail Kiram II, and the late Datu
Raja Agbimuddin Kiram, and they came into mutual agreement that
they would conduct joint caravan for peace in the area. Unfortunately,
it was not done. In the second series of meeting with OPAPP, there
was also an agreement. Unfortunately, after I made a briefing on the
Philippine peace panel, headed by then Chairman Leonen, the
Sultanate of Sulu, while conducting a Caravan of Peace in Sulu, the
party of the President and the MILF were already in Tokyo discussing
about the peace talks.
Thank you, Your Honor.
THE CHAIRMAN (SEN. MARCOS). Thank you, Mr. Idjirani.
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I think its clearer and clearer that the royal houses have not
been included in these discussions.

And what are referred to as

consultations are merely agreements to have a meeting which, in fact,


were not fulfilled.
So we move on now to the next position paper that is going to
be

presented

to

the

Committee

to

represent

the

Maharadjah

Tabunaway Descendants Council of the Philippines, we call on Datu


Lijondo Adam to give his presentation.
Datu Adam, are you ready with your presentation for the
Committee today?
MR. ADAM. Assalamu Alaikum Wa Rahmatullahi Wa Barakatuh.
Good morning to all honorables, all the royalties that we have
here today.
For the record, our position paper will be delivered by my wife,
the president and the CEO of the Maharadjah Tabunaway Descendants
Council of the Philippines.
As the direct kin descendants of the Radjah Tabunaway, I give
the full authority to Her Royal Highness Putri Bai Marieta Nor-Aisha
Mindalano-Adam, Al Haj to represent the real House of Maharadjah
Tabunaway.
Thank you, Your Honor.
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THE CHAIRMAN (SEN. MARCOS). Thank you, Datu.


We now call on Her Royal Highness Putri Bai Marieta Nor-Aisha P.
Mindalano-Adam, Al Haj, the president/chairman and CEO of the Royal
House of Maharadjah Tabunaway, to give the presentation for the
Royal House of Maharadjah Tabunaway.
MS. MINDALANO-ADAM. Thank you so much, Your Honors.
[Islamic religious phrases]Honorable members of the Senate
Committee on the Local Government, chaired by Senator Bongbong
Marcos, esteemed members of the Senate representatives, and the
representatives from the IPs, delegates from different Royal Houses,
different Sultanates, and the Royal Datus from the Royal Houses in
Mindanao, especially the Royal House of Radjah Mamalu and the
Maharadjah Tabunaway maayong buntag, maayong hapon sa tanan.
Assalamu Alaikum Wa Rahmatullahi Taala Wa Barakatuh
On behalf of our organization, the Maharadjah Tabunaway
Descendants Council of the Philippines, Incorporated, an organization
committed in seeking the lost identity of cultural heritage, recover and
preserve the historical scriptures and landmarks of Mindanaonons;
bridging people and building peace, and humanitarian services and
partnered with an international NGO of humanitarian services based in
the United Kingdom and also partner of the Office of the Presidential
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Adviser on the Peace Process;

and we are the only Royal House

recently invited and participated in an international gathering of kings,


rajahs and sultans in Bali, Indonesia.
For the record, I am the president and CEO of Maharadjah
Tabunaway Descendants Council of the Philippines.

I am Putri Bai

Marieta Nor-Aisha Mindalano-Adam, Al Haj.


Thank you very much, Your Honor, for giving us the opportunity
to present the views of the native people in Mindanao, especially the
Maharadjah Tabunaway Descendants who are among the original
people of Mindanao on this legislation of a historical peace which will
not only benefit the Bangsamoro, but also the Lumads, the Christians
in Mindanao, and the entire Filipino people in the country.
Before I will go to our main position, I would like to inform
everyone who is present to this Senate inquiry on BBL that the
Maharadjah Tabunaway Descendants Council of the Philippines, as well
as the Royal House of Maharadjah Tabunaway fully supported the BBL.
As Ive said earlier, that we are partners of OPPAP in promoting peace
and educating the Bangsamoro people and imparting right information
on the FAB, CAB, and the BBL.

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Again, we are for peace, not only advocates.

But most of us

from the Descendants of Maharadjah Tabunaway are also struggling


(?) and member of the Jihad.
Andito ho kami ngayon upang maiparating namin ang iilan
naming hinaing at mahahalagang bagay na aming paninindigan na
dapat mabigyan ng halaga, mapa-gobyerno man ito, o ibang sektora, o
MILF.
Sa kabila ng layo at hirap na aming pinagdaanan upang
makarating lamang dito ngayon sa Senate hearing na ito at marinig
ang aming munting na boses para sa aming Inang Mindanao.
Una, we are not in the political arena.

We are poor people in

Mindanao, but we have our own principle in Mindanao who welcomed


the Missionary Shariff Kabunsuan and accepted Islam in Mindanao. We
are the first community who accepted Islam in Mindanao, the
descendants of Rajah Tabunaway.
To this, Mr. Chairman, please give me enough time to read our
position paper.
THE CHAIRMAN (SEN. MARCOS).

Yes, maam, you have all

the time that you need.


MS. MINDALANO-ADAM. Thank you so much.

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For the record, I would like to request the media people to


please

cover

this

representation for

the

benefit

of

the

whole

Bangsamoro people in Mindanao.


This position paper describes details on information on the
identity of the Moro history, customs, practices, and traditions of the
aboriginal and the native inhabitants in Mindanao in relation to the
draft of the Bangsamoro Basic Law.

This position paper is also in

support to the resolution submitted to the House panel urging them to


take a deeper consideration on the history of sultanates and royal
houses in Bangsamoro Commission for the preservation of cultural
heritage.
It also provides recommendations of systems, protocols and
approaches to address these challenges.

Our principal riskone,

deletion and omission of identity of the descendants of Rajah


Tabunaway in the provision Article 9, Section 19/mrjc

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MS. MINDALANO-ADAM. Article 9 Section 19 in the draft of


the Bangsamoro Basic Law.
Two, creation of different sultanates and royal houses without
proper coordination with the concerned community.
Three, enthronement and pronouncement of different ranks and
titles with no proper screening committee.
We have also our general analysis.

This paper presents an

analysis of the most important consideration for the Moro identity and
traditional systems including a summary of applicable traditional
system, transparency requirements for acquisition of ranks and titles
and their respective royal houses and sultanates, custom rights and
traditions information which must be given to

the

responsible

authority; roles and responsibilities of rajahs, sultans and datus and


their application to geolocalization services; the right to screen on the
lineage of every aspirant of any ranks and titles; a summary of
traditional organization based on the Paluaran or the Adat Batad.
Background. For the purposes of this paper, an identity is a set
of claims about an individual in specific application and context. The
interest here is not so much for the cultural struggle itself, rather, the
consequences of this were documented concern that there is no
common purpose or common fate.
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The drive behind ethical policies located in the attempt to resolve


the traditional system crises of the Moro identity; Reflecting the lack of
a shared framework of meaning and sense of socio-political purpose
connecting to Bangsamoro people. The inability to establish a shared
socio-political vision of what the Moro stands for the lack of a strong
idea of the history of the Moro terms has meant that the traditional
authority find it difficult to formulate a clear traditional policy or to
legitimize the projection of power and authority in terms of the interest
of the history of the Moro.
The following paragraphs introduced some important provisions
in the draft Bangsamoro Basic Law and its recommendation.
Section 19 as
THE CHAIRMAN (SEN. MARCOS). Yes, maam. We have the
position paper.

I would just like to urge you to come to the

conclusions.
MS. MINDALANO-ADAM. Opo, opo.
THE CHAIRMAN (SEN. MARCOS).

All right.

So that the

recommendations that you make can be taken on by the Committee in


its further discussions. So, specifically, to the Bangsamoro Basic Law,
the arguments that have led to those recommendations are within the
position paper that is on record with the Committee.
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MS. MINDALANO-ADAM. Yes, Your Honor.


So, if I may continue?
THE CHAIRMAN (SEN. MARCOS). Yes, please.
MS. MINDALANO-ADAM. There are, however written history
books.

Clippings or publications of the existence of the Rajah

Tabunaway and his brother Rajah Mamalu in the 14th century who are
now the IPs. Though few, these history books or clippings reveal that
Maharadjah Tabunaway has authority over his people with definite
territory and sets of rules of governance and conflict settlement.
History shows that Radjah Tabunaway or Maharadjah Tabunaway are
the Dumatus, the governor and the convenor in Mindanao. During his
time in 13th century and his people were the first community who
embraced Islam in Mindanao.

Therefore, there is no Bangsamoro if

there is no Rajah Tabunaway. The sovereignty was passed over or


shared by His Majesty, Radjah Tabunaway, to the first sultan from the
descendants of Shariff Kabunsuan.
These historical facts, among others, are part of the Moro
history.

Back to the history of the Dumatus and the history of

Maharadjah Tabunaway descendants is based on the old and original


copy manuscript Tarsila which is in the possession of Datu Kadi Ada
Maulana.
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And for the record, we have the original written Tarsila in Arabic
language na dito po nagpapatunay na iyong Rajadom of Tabunaway na
magkapatid sila ni Rajah Mamalu ay sila po iyong kauna-unahang tao
sa Mindanao, original na tao sa Mindanao, na unang nag-embrace ng
Islam.
As a conclusion and recommendation, Your Honor, the Royal
House of Maharadjah Tabunaway is the umbrella of the rulership in
Mindanao especially in Maguindanao.
Indeed, the current Sultan of Maguindanao, His Royal Highness,
Datu Salem Mastura V, as per request of their brother, Datu Mama and
himself asked the confirmation from Maharadjah Tabunaway for his
title as Sultan of Maguindanao and this is the picture during the ritual,
for the record, Mr. Chairman.
In addition to this, we are highly proposing and recommending
for a separateto be included in Article IX, Section 19, the Rajadom of
Tabunaway.
With the present language of Article IX, Section 19 and Section
20 of the proposed Bangsamoro Basic Law, the history of Rajah
Tabunaway should be reflected and explicitly expressed in the
proposed Bangsamoro Basic Law and in the records of the National

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Historical Commission of the Philippines.

Wherefore, it is our stand

that the proposed provision should include the Rajadom of Tabunaway.


As you deliberate on the BBL, Your Honor, think of our ancestors
who were welcomed by the elders of the Moro and the indigenous
people when they arrived for the first time in Mindanao. And as you
craft the basic law, craft it with deep sense of gratitude and sincerity,
respect and thanksgiving on their behalf. Sa katunayan po, wala po
ang Bangsamoro kung wala po ang mga orihinal na mga tao sa
Mindanao.
Thank you for your patience and for allowing this representation.
I wish to end by re-echoing for non-innovation tomorrow history.
Thank you so much. Assalamu alaikum wa rahmatullahi ta Ala
wa barakatuh.
THE CHAIRMAN (SEN. MARCOS).

Thank you, Your Royal

Highness. Thank you.


I will ask again, the recommendations that you make are
specific?
MS. MINDALANO-ADAM. Yes.
THE

CHAIRMAN

(SEN.

MARCOS).

You

make

recommendations as to the language on, once again, Article IX,


Sections 19 and 20, which you have included in your position paper.
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MS. MINDALANO-ADAM. Yes, Your Honor.


THE CHAIRMAN (SEN. MARCOS).

And that be given a

separate office or commission for the traditional leaders and royal


houses which can cater to all the traditional leaders and the royal
houses of Mindanao?
MS. MINDALANO-ADAM. Yes, Your Honor.
THE CHAIRMAN (SEN. MARCOS).

So, you are suggesting a

blanket, an office that will include all of the sultanates?


What function will this office have as you consider?
MS. MINDALANO-ADAM. Commission on appointments in the
traditional system.
THE

CHAIRMAN

(SEN.

MARCOS).

commission

on

appointments?
MS. MINDALANO-ADAM. Yes.
THE CHAIRMAN (SEN. MARCOS). No, no.
Let us say, such an office is organized, what will be the function
of that office? The office will have representations from all the royal
houses and the sultanates?
MS. MINDALANO-ADAM. Yes.
THE CHAIRMAN (SEN. MARCOS).

And what will be their

function within the Bangsamoro government?


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MS. MINDALANO-ADAM.

Actually po, iyong royal house

naminIn fact, we are engaged for humanitarian services.


In regard to the traditional system, kung magkakaroon man po
ng office para ma-cater iyong lahat ng mga issues at saka mga
problema in regard to the traditional, dapat mayroong unification/cda

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MS. MINDALANO-ADAM. dapat mayroong unification, there is


a unified commission or office wherein we can cater all the conflicts, all
the problems regarding traditional system para magkaroon po tayo ng
matiwasay na pag-uusap at maayos natin iyong lahat ng lineage ng
bawat royalties.
THE CHAIRMAN (SEN. MARCOS). And this resolution of such
problems will be undertaken under the traditional rules and rituals that
you have always followed over your very long history.
MS. MINDALANO-ADAM. Yes po.
THE CHAIRMAN (SEN. MARCOS). Thank you very much.
MS. MINDALANO-ADAM. Thank you so much.
THE CHAIRMAN (SEN. MARCOS).
suggestion.

Furthermore, you have a

You have a recommendation that the provision should

allocate two seats in the legislative assembly of the Bangsamoro


governance as being allocated to the descendants of Rajah Mamalu
who are now the IPs, the biological brother of Rajah Tabunaway.
MS. MINDALANO-ADAM. Kung mapagbibigyan po.
THE CHAIRMAN (SEN. MARCOS).

But you feel that this will

be sufficient representation in the Bangsamoro parliament so that your


voices will be heard.
MS. MINDALANO-ADAM. Yes, Your Honor.
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THE CHAIRMAN (SEN. MARCOS).

Have you, maam, made

these recommendations to anyone before?


MS. MINDALANO-ADAM. Actually po nakapagpasa na ho kami
sa lahat ng government office like Office of the Presidential Adviser
because we are partner in promoting peace. Ganoon din po sa MILF,
we submitted a lot of resolutions and proposals pero ni isang reply po
wala.
THE CHAIRMAN (SEN. MARCOS). So, you have made known
your recommendations and opinions both to the OPAPP and the MILF
but unfortunately you have not received any reply.
MS. MINDALANO-ADAM.

Yes po.

In spite of our effort by

helping them to promote peace.


THE CHAIRMAN (SEN. MARCOS). To get towards another end
but similar point, did at any point the MTDCPI or the Maharadjah
Tabunaway Descendants Council of the Philippines, Incorporated--did
you authorize any of the members of the MILF peace panel that was
negotiating with OPAPP, did you authorize, designate any of them as
your representatives?
MS. MINDALANO-ADAM. Wala po akong alam.
THE CHAIRMAN (SEN. MARCOS). Okay. Thank you.
It seems to be a similar situation with you.
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So, Your Royal Highness, thank you very much for your
presentation and for the clarifications that you have made.
MS. MINDALANO-ADAM. Thank you so much.
THE CHAIRMAN (SEN. MARCOS). We now go on to the
Sultanate of Mandanaue Darussalam and we call on Hadji Datu
Mustafa-Tapa Umal to explain to us the position of the Sultanate of
Mandanaue Darussalam.
Datu Umal, are you ready with the presentation?
MR. UMAL. Yes, Your Honor.
THE CHAIRMAN (SEN. MARCOS). Where are you? There.
MR. UMAL. Bismillah ar-rahman ar-rahim.
The Honorable Chair, members of the Senate Committees on
Local

Government;

Peace,

Unification

and

Reconciliation;

the

Constitutional Amendments and Revision of Codes, assalamu alaikum


wa rahmatullahi w abarakatuh.
The Sultanate of Maguindanao, Mandanaue Darussalam is always
supporting

the

governments

efforts

on

peace

and

economic

development programs at least within its area of responsibility,


meaning the AOR from Davao Gulf to Sibugay Zamboanga Peninsula,
including Lamitan, Basilan.

That is the AOR of the Sultanate of

Mandanaue Darussalam.
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The sultanate is a permanent member of the World Federation of


Traditional Kings and the rank of the sultan is a custodian of peace and
permanent member of the Universal Peace Federation, UPF, and the
rank of a sultan is ambassador for peace.
Now, as to the issue at hand which is the BBL, the Sultanate of
Maguindanao,

Mandanaue

Darussalam

is

fully

supporting

the

establishment of the Bangsamoro government or the Bangsamoro


Autonomous Region and the early passage of the Bangsamoro Basic
Law or Basic Law for the Bangsamoro.
As

manifestation,

the

Sultanate

is

always

participating

activities involving peace process in Mindanao.


On June 6 to 7, 2014, we have attended the international
conference of Cotabato regarding religious and cultures in dialogue for
peace and reconciliation in Mindanao held at NOU gym sponsored by
his eminence, Cardinal Quevedo and other international entities
headed by Italian embassy, European group and others.

From then

on, the Sultanate of Maguindanao, Manadanue Darussalam had


conducted a series of peace dialogue under the umbrella of peace is
Living Together within its area of responsibility supporting the peace
process.

The recent activity that the sultanate had participated was

the conduct of the first Bangsamoro royal houses solidarity conference


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held at Waterfront Insular Hotel, Davao City on April 12, 2015 wherein
his majesty, Sultan Sayyid Abdulaziz Salem Mastura Kudarat had
issued a declaration hereto, a declaration and also his speech in that
gathering is the concrete position of the Sultan of Maguindanao.
So, Your Honor, I would like to read the speech of the Sultan
which became his concrete position insofar as the BBL is concerned.
If we recall history, the historic sovereignty of the Bangsamoro
was upheld and defended by the Moro sultanates especially the
Sultanates of Maguindanao and Sulu and Rajah Buayan up to the time
of the Philippine independence when Moro leaders with ties to royalty
appealed on several occasion on American colonizers for the grant of
independence for the Bangsamoro people.

When formal Philippine

independence came and the American colonizer left in 1946, it was the
Moro Sultanate structure that was dismantled because the Philippines
chose a republic as their form of government. Perhaps, this is just the
basis of organization similar to our chosen neighbors, Brunei and
Malaysia.

By the time of independence, the Moro royalty had

diminished

especially

the

core

lineage

of

the

Sultanates

of

Maguindanao and Sulu because they refuse government post and


refuse to surrender the dignity of Islam for the Moro people. Just like
in the Malay Sultanates throughout Southeast Asia and the sultan was
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the apex of the Islamic way of life and in some instances acted as the
Sheikh ul-Islam and indeed in Malaysia final appeals are made to the
sultan regarding religious matters in Islam or Sharia.
Even during the early stage of the Moro revolutionary struggle,
the Moro royalty played a pivotal role in the uprising against
oppression as the early organizers of the Mindanao Independence
Movement under the late Datu Udtog Matalam and Senator Datu
Salipada K. Pendatun. The MNLF itself when it was first organized had
ties to people who were from the Moro aristocratic families.

More

importantly, during the 70s Moro wars, the Moro datus and royalties
lost equally if not more of their livelihood, properties, heirlooms,
cultural artifacts.

The Moro families from high and low felt and

suffered the brutal face of war and we lost many loved ones. My late
father/hsg

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MR. UMAL.

My late father, Sultan Abdulaziz Guiwan Mastura

Kudarat IV, was one of those who fought and led his people in the
defense of Lebak in the 70s and made the ultimate sacrifice as rebel
leader of being with his people when they were captured and
imprisoned because he feared for a massacre and only his presence
prevented them from being massacred or summarily executed.
Often it is whispered by those who dont know better that the
MILF is anti-Datu or that the MILF is led by Ulama who are against
Moros being led by people with royal or aristocratic bloodlines. But we
believe that the truth is that the MILF was never anything like this and
the best proof is that the founder of the MILF, the late Ustad Salamat
Hashim, was a datu himself from the aristocrat clan of the Matalams
and the Pendatuns. Salamat Hashim himself appointed a senior legal
adviser and as a member of the MILF peace panel, now the lawyer
Datu Michael O. Mastura, who is present now, a nephew of mine. This
is the sultan of Maguindanao.
In fact, the memorandum of agreement on ancestral domain
mentioned that the regional sovereignty of the Moro people as protostates emanated from the historic sovereignty of the Moro sultanates.
With regard to the CAB and FAB, we believe that the peace
agreement adequately addresses the core demands of the Moro people
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of self-determination within a framework of full and meaningful
autonomy. We are aware that in the current debates on the BBL there
is a clamor to change its provisions.

We oppose those who would

change the BBL so that instead of adding to our improving our current
autonomy under the ARMM, it is instead being reduced.
We hear that the Regalian Doctrine is being asserted by some
congressmen and senators to claim the natural resources in the
Bangsamoro, we fear that even the powers that are already given
under the limited form of autonomy under the ARMM are being taken
away since we all know that under the ARMM, as provided by the
Organic Act and the MNLF peace agreement, only strategic minerals
consisting of energy resources have not been given to the ARMM by
the national government. The CAB and FAB and the mutually agreed
BBL draft rectifies this by giving the Bangsamoro shared power over
fossil fuels.

But we hear that this is now being changed by some

congressmen and senators.

We cannot and we will not accept the

watering down or dilution of the BBL and we are one with all of the
Bangsamoro people in our stand.
However, in the case of enhancements and improvements of the
BBL draft, the sultanate takes the position that this is acceptable. In

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that regard, we would like to make suggestions for improvements and
enhancements of the BBL.
In Article VI, Section 5 of the BBL draft, the Council of Elders,
would like to suggest and recommend that the major historic
sultanates and principalities will be included there and mentioned in
that provision by its historic names, meaning, the Sultanate of
Maguindanao, Sultanate of Sulu, Rajah Buayan and the Pat a
Pangampong:
In Article VII, Section 5 on Classification and allocation of
seats, we would like to suggest and recommend that the major
historic sultanates and principalities be given or allocated seats the
reserve seats, together with the sectoral representatives.
In Article VIII, Section 2 of the BBL draft on the Appointment
of Wali, we would like to insert a provision there that the four historic
sultanates and principalities, meaning, the Sultanate of Maguindanao,
Sultanate of Sulu, Rajah Buayan, and the Pat a Pangampong will be
given a role in the concurrence or indorsement of the Wali as symbolic
and titular head of the Bangsamoro since after all historic sovereignty
of the Bangsamoro resides in these historic sultanates.
Lastly, we would like the BBL draft to create or at least provide
for funding for historical cultural and heritage body that will take care

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of the historic sultanates as a recognition and preservation of dignity of
the Bangsamoro people and to symbolize and represent the parity of
esteem demanded by the Bangsamoro people.
Thank you, Mr. Chairman.
Assalamu alaikum wa rahmatullahi ta Allah wa barakatuh.
THE CHAIRMAN (SEN. MARCOS).

Thank you, Hadji Datu

Moustafa-Tapa Umal for your presentation to try and put it all


together.

The suggestions that you have made to the draft BBL are

starting with the mention of the major historic sultanates specifically in


Article VI, Section 5 which has to do with the council of leaders, and
that the royal houses and the sultanates be specifically named in that
section.
MR. UMAL.

Yes, Your Honor.

THE CHAIRMAN (SEN. MARCOS).

Furthermore, on Article

VII, Section 5, you proposed that each of the royal houses be allocated
seats as sectoral representatives.
MR. UMAL.

Yes, Your Honor.

THE CHAIRMAN (SEN. MARCOS).

The suggestion has been

made before. But in your suggestion, how do you conceive? Do you


conceive this as having one seat per sultanate?

There has been a

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suggestion of two seats for all of the royal houses.

What is your

thinking would be the best representation?


MR. UMAL.

What we are proposing here, Your Honor, is we will

be given reserve seats, at least two, representing the sultanate and


the royal houses of the Sultanate of Mandanaue Darussalam.
THE CHAIRMAN (SEN. MARCOS).

So in your view, it is

sufficient to have two seats for all of the royal houses.


MR. UMAL.

Yes.

THE CHAIRMAN (SEN. MARCOS).

Very well.

And No. 2 is on Article VII, Section 2, the appointment of the


Wali.
MR. UMAL.

Yeah.

THE CHAIRMAN (SEN. MARCOS).

This has been mentioned

before and that has been thoroughly discussed. But your suggestion is
that the four royal houses once historic sultanates and principalities
should be given a role in choosing of the Wali.
MR. UMAL.

Yes.

THE CHAIRMAN (SEN. MARCOS).

And finally, there is a

proposal again for the creation of a body that will attend to the historic
sultanates as a recognition and preservation of the dignity of the
Bangsamoro people and you put it as an act that will satisfy and

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symbolize and represent what has been the phraseology that has been
included in the Bangsamoro Basic Law that is of the parity of esteem.
MR. UMAL.

Yes, Your Honor.

THE CHAIRMAN (SEN. MARCOS).

Thank you very much.

Again, I will ask the same question of you, have you made these
proposals to anyone at any time regarding the proposals to the draft
BBL?
MR. UMAL.

We have submitted in the Congress the

THE CHAIRMAN (SEN. MARCOS).

Pero wala kayong

nabigyan doon sa proseso na pagsulat o pag-negotiate ng framework


agreement at saka iyong comprehensive agreement?

Kayo ba ay

kasama doon sa usapan na iyon?


MR. UMAL.

Wala. Wala pa kaming nabigyan, Your Honor.

THE CHAIRMAN (SEN. MARCOS).

O sige. Doon sa pag-draft

ng BBL, kayo ba ay binigyan ng pagkakataon na magsalita at ibigay


itong
MR. UMAL.

Wala.

THE CHAIRMAN (SEN. MARCOS).

So pare-pareho ang

naging sitwasyon ninyong lahat na hindi kayo nakonsulta.


MR. UMAL.

Yes.

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THE

CHAIRMAN

(SEN.

MARCOS).

Doon

sa

naging

representative ng Bangsamoro na actually galing lahat sa MILF/cmn

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THE CHAIRMAN (SEN. MARCOS)

galing lahat sa MILF, ito

bay binigyan ninyo ng designation? Ito bay binigyan ninyo ng official


capacity to represent the Sultanate of Mandaue Darussalam?
MR. UMAL.

Hindi po, Your Honor. In fact, during that time, the

appointment of commissioner in the BTC, we are suggesting that the


sultanate must be included because the sultanate is the custodian of
the customs and tradition, knowledge, beliefs, system and practices
within the area.
THE CHAIRMAN (SEN. MARCOS). Who did you give that
suggestion to?
MR. UMAL.

If I am not mistaken, we write a letter addressed

to OPAPP and then with the MILF. Our interest there is that we do not
monopolize the knowledge about the customary practices. But at least
the Sultanate of Maguindanao is the repository of that customary
practices.

In fact, the Sultanate of Maguindanao has its own

governance system.
THE CHAIRMAN (SEN. MARCOS).

Thats clear.

So, again,

the agency or the office that you propose will be the repository and will
be where those traditions that you have practiced over hundreds of
years.

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MR. UMAL.

Yes.

THE CHAIRMAN (SEN. MARCOS).

Again, nabanggit po ninyo

na sumulat kayo sa OPAPP at saka sa MILF, kayo bay nakatanggap ng


sagot doon sa sulat ninyo?
MR. UMAL.

Hindi. Wala pa. Walang sagot.

THE CHAIRMAN (SEN. MARCOS).


MR. UMAL.

Wala kayong natanggap.

Yeah.

THE CHAIRMAN (SEN. MARCOS).

Well, thank you very

much, Hadji Datu Mustafa Tapal Umal, for presenting the position of
the Sultanate of Mandaue Darussalam.
MR. UMAL.

Thank you.

THE CHAIRMAN (SEN. MARCOS).

I would like at this point to

acknowledge the arrival and the presence of Senator Alan Peter


Cayetano.
SEN. A. CAYETANO. Good afternoon, Mr. Chairman.
Sa lahat po nating mga bisita, its a humbling experience to be in
the presence of all of you. Assalamu alaikum.
With the permission of the Chair, just because we also have an
LTO hearing, let me take opportunity to ask some questions just to
clarify from OPAPP, and I think these are questions that members of

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the Royal House would like to also hear.

As many know, some of

those in the Royal House, Sultan Kiram also is of residence in City of


Taguig

where our brother Muslims are not only very happy, but

treated very well.


Usec, are you the highest official here representing the peace
panel and the OPAPP.
MR. LORENA. Yes, Mr. Chairman, and, Senator Escudero. I am
the only representative.
THE CHAIRMAN (SEN. MARCOS).

For your information, he is

the only representative of OPAPP here.


SEN. A. CAYETANO. And quality naman, Usec, not quantity.
MR. LORENA.

Of course.

SEN. A. CAYETANO.

And Im getting used to debating with

you and Im very happy that you answer very frankly and forthrightly,
and I think well be able to get somewhere.
Without overstepping your authority, but to your knowledge, sir,
and the instructions given to the OPAPP, what is the official Philippine
position to the claim of the Philippines to the North Borneo, Sabah?
MR. LORENA.

First, Id like to segregate the two issues. The

Sabah issue was never included in the discussion on the CAB, FAB and

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BBL precisely because the issue of Sabah, particularly the Philippine


claim, is not a matter for purposes of regional legislation for setting up
an autonomy.

It is a matter that has to be discussed by the two

countries, considering that we have a pending petition with the


International Court of Justice, and that there is supposed to be a
committee in the Department of Foreign Affairs to address that matter.
Thank you.
SEN. A. CAYETANO.

So you were not briefed, sir, whether the

official Philippine position is to support the Kiram family and to pursue


the Philippine agreement with the Royal House and to aggressively
pursue the claim in the United Nations?

Is that still our stand or have

we waivered and have we changed?


MR. LORENA.

What I know from the meetings that were done,

that committee was organized to study the claim without any


instruction as to whether to pursue or not to pursue. But there was a
clear intention that the claim has not been abandoned but it has to be
carefully studied precisely because of two facts that there are
significantly to the issue on the Sabah claim.
claim filed by the Philippines;

One, that sovereignty

and the other one is the proprietary

claim of the sultan pursuant to the in 1969.

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SEN. A. CAYETANO. I think the proprietary claim is very clear


because Malaysia continues to pay rent, of course, at a very obsolete
rate. And, of course, among the royal family, there has to be an event
that will get everyone together to be able to sort out the claim. But as
far as ownership of North Borneo, Sabah, I think its very clear. All the
documents, even the checks given by Malaysia, is clear.
But Im sort of surprised if were saying now that the Philippines
is studying our stand because we have an agreement not only with the
royal family. We have an agreement, the Manila Accord, signed in July
31, 1963;

we have the Manila Declaration, signed in Manila, 03

August 1963; and we have a joint statement by Indonesia, Malaysia


and the Philippines, August 5, 1963. And in all of these accords, it was
made very clear to both Indonesia and Malaysia that the Philippines
will protect and pursue the claim of the royal familythe Sultanate of
Sulu and that it is our stand that the inclusion in the Malaysian
federation is subject to the outcome of the claim and we are claiming
it. So if we are waveringsuddenly, were studying it that doesnt
send a clear message that we are claiming. Okay. Of course, we want
to protect our relations with Malaysia.

Of course, there are

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brotherhoods, there are blood ties, there aretheyre not our enemies.
We live in a global village.
Having said that, Usec, isnt it unrealistic or too simplistic to
believe that the two issuesthe autonomy in Muslim Mindanao and in
the ARMM or the ancestral lands of our brother Muslims and the
Sultanate of Sulu claim to Sabahcannot be viewed as two separate
issues because the sponsor of the MILF is the Malaysians and the
mediators are the Malaysians.

And under the Bangsamoro Law, the

BBL, there are no elections. You will be giving power to the MILF and
there are no guaranteed seats for the sultanate and definitely, they will
not be given the majority.

So what is the guarantee now of the

Sultanate of Sulu that if the MILF is handed power even before


elections, they will pursue the claim rather than tell Malaysia, Huwag
na lang natin pag-usapan. Tutal for the last 20, 30 years, you have
supported our struggle in Mindanao.
here.

I mean, lets be very practical

This isnt ideology, this isnt legal.

You are allies.

certain groups in Malaysia have been allies.

MILF and

In fact, it has been

Malaysian groups that have asked the founder of the MILF, Hashim
Salamat, not to agree with the Tripoli Agreement and to form the
MILF.

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So my point, sir, is, is there any guarantee to the royal houses


and to the Sultanate of Sulu that the claim will be pursued if the MILF
becomes the leaders of the Bangsamoro Transition Authority?
MR. LORENA.

Thank you, Kuyang.

In fact, Id like to state, as already intimated, that there are two


tracks herethe crafting of the Bangsamoro Basic Law in our Philippine
claim.

What is clear is, the Philippine claim has not yet been

abandoned by the Philippines and that is a good assurance already.


Second, very recently, the matter of the claim to the sultanate
have also been taken care of when a committee was organized after
the Lahad Datu.

But precisely, the claim to the Sultanate of Sulu,

which has already been filed by the Philippine government, has never
been abandoned.
SEN. A. CAYETANO.

Usec, let me cut you there.

My problem is this:

If we have the Bangsamoro Transition

Authority without an election, kasi doon sa ating anoafter the


plebiscite, power is handed to the MILF. They will be appointed, they
will be the majority. What will be our appearance/cfd

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SEN. A. CAYETANO. What will be our appearance in the


United Nations if the MILF says, We are not pursuing

and the

Philippine government says, Were pursuing it? We will be effectively


divided and the claim will be weakened. Chairman Iqbalunless you
will say now that he has beenand maybe, Mr. Chair, we can invite
him in the next hearing. But Chairman Iqbal said to GMA Network, I
read it in their website that It is better for Sabah to remain with
Malaysia. Unless he was misquoted, I cannot speak for him. But I
read that.
And maybe you can answer this question, sir.

Will we have a

plebiscite in Sabah?
MR. LORENA. Well, Id like to quote thatin 1963, there was a
plebiscite conducted before the Federation of Malaysia.

This was

supervised Committee. The idea being was to conduct a plebiscite in


Sabah to determine whether the people of Sabah wantthere were
two questions.
First question, whether they want to be independent before
federation or to automatically be federated.
plebiscite was to be independent.

The result of that

That is why Sabah became

unilaterally an independent nation before federation on August 31,

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1963, before the federation came into effect on September 16


pursuant to theAgreement.
So, I dont believe that could easily just be decided by the BTA,
for one, the BTA, where they will be appointed by the President will not
be dominated. There would be representations from other sectors. It
is just an MILF-led, but it is not
THE CHAIRMAN (SEN. MARCOS). Just a point of information
for all those that are here.
The recognition of the Philippine government of the Royal House
is the Royal House is the Sultanate of Sulu and North Borneo. Because
it has been a claim that has been standing since the English ceded the
rights despite the fact that they only held a lease that they ceded the
rights of ownership to the then newly organized Malay Federation. And
that is where the problem arises. But the Philippines cannot abandon
that claim without abandoning the recognition of the Sultanate as the
Sultanate of Sulu and North Borneo.

Precisely, that is why the

question about the Bangsamoro waters is something that is critical in


all of these discussions.

I just wanted to add that so that for the

information of all those who are listening to this discussion.


SEN. A. CAYETANO. Actually, that is a very good point because
that puts into perspective Philippine law.

In Philippine law, if you


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create a territory, diminish or add or create, the people who will vote is
not only the people of that area but all of them affected.

So, the

plebiscite should not only have been in Sabah, it should have also been
in Tawi-Tawi, Basilan and Sulu because this is part of the sultanate.
Its just like Novaliches. When they voted to become a city, the whole
Quezon City voted, not just Novaliches.
Number two, Usec, why do I bring this up? I dont mean to put
you on the spot. Ikaw lang po nandito, but you cannot answer for the
DFA, for the President, et cetera, but I know in your heart, you want
this resolved also. So, let me give that to you. I know youve been
struggling for this too.
The BBL has opt-in provisions.

Meaning, even after years of a

certain territory, they are asked again, do you want to return to the
Bangsamoro fold? This is your homeland, do you want to come back?
Isnt it about time that there is another plebiscite in Sabah? Because
look at the definition of Bangsamoro people, those who at the time of
conquest

and

colonization,

were

considered

natives

or

original

inhabitants of Mindanao and Sulu Archipelago. The Sulu Archipelago


includes the North Borneo. So, how can we make them Bangsamoro
people and issue Philippine passports if we are not going to allow them
to vote in a plebiscite and were not going to consider them the
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territory?

What happens now if someone from Sabah says, I am a

Bangsamoro because I wasunder Section 1, Article II, I am a


resident, my blood, my ancestry is from Sulu Archipelago, will be a law
and this will be part of ourin compliance with the Philippine
Constitution for the autonomy.

So, do we give that person a dual

citizenship? Do we give him a Filipino-I dont mean to muddle this, but we cant come out with a
piecemeal

peace

agreement,

kailangan

comprehensive

and

real

autonomy.
So, let me stop there, Mr. Chair, and allow the Usec to answer.
But maybe the spokesman of the Sultanate of Sulu would also like to
comment on this. Because this is what I want to avoid. Magpikit-mata
tayo dito, we pass the BBL then suddenly, the Sultanate tells us, We
have a longer agreement with you, but since you abrogated that
agreement, we are now free. Remember, the agreement between the
Philippine government and the Sultanate of Sulu is written in blood.
And the sultanate has not rebelled against the Philippines. Of course,
certain factors have gone to Sabah, certain elements.
What if we give it to the MILF, they take over, they ignore the
claim and the sultanate knits and unites and says that, Well, we are
not bound by the Philippine agreement anymore because they
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abandoned us, and this is our homeland and we have to fight for it.
Then were back to square one.
And the governors of Tawi-Tawi, Sulu and Basilan had different
but similar views. In fact, some were offended by being called a Moro
or a Bangsamoro and saying, We are Tausugs. And there are other
ancient names and, in fact, even before the Philippine Archipelago was
recognized, the Sulu Archipelago has already been recognized. So, we
want this agreement to be so inclusive and well give real autonomy
that there will be no more fighting in the future.
So, let me stop there, Mr. Chair, and get an answer from the
OPAPP then anyone from the Royal familythe spokesman would like
to respond this.

May I ask, Mr. Chairman, that this be their

opportunity also to air their gripes. Because I dont know if you are
satisfied in what the government is doing and whether you do see a
problem with the Malaysian government being the mediator with the
BBL because, of course, they will insist that they will be part of the
federation rather than us.

But we are looking for unity rather than

divisiveness.
Thank you, Mr. Chairman, for this opportunity.
THE CHAIRMAN (SEN. MARCOS). Usec Lorena, would you like
to say something?
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MR. LORENA.

Thank you, Kuyang, for giving me this

opportunity to answer that.


First, Id like to recall that the filing of the Sabah claim by the
Philippines was initiated upon the approval of a joint resolution by the
House and the Senate. And, therefore, any withdrawal, if my law is
correct, that any withdrawal after claim cannot be done by the
Bangsamoro Transition Authority, and neither would it be done by the
Bangsamoro government because precisely it requires a resolution
from the Senate to authorize the Philippine President in this particular
case to withdraw the claim. Thats one.
The second point that I would like to make here is we cannot just
come out with a referendum in that area. Precisely, the issue has not
yet been resolved while there is a petition in the ICG. The Malaysia
withdrew from the ICG at that time, in 1963, if I can recall it correctly,
then therefore an assurance and a guarantee that only the Philippine
government, the national government can withdraw that.
And secondly, as to the plebiscite.

The plebiscite should be

confined within the territory for the autonomy precisely as my Kuyang


said, it is prescribed by Article X of the Constitution, that in the matter
of the regional autonomy, the law will become effective only if the
plebiscite is conducted in the area of autonomy.

And there was no


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mention that there was a need to call for a plebiscite in other parts of
the country.
So, secondly, Id like to disabuse the mind that the proprietary
claim pertains to the entire Sabah.

Under the Macaskie ruling, the

decision of Macaskie was three. First, defining the metes and bounds
of the territory processed and owned by Sultan of Sulu.

But the

matter of the filing of the sovereignty was for the sovereignty of the
entire Sabah.

And, therefore, that should be put in context.

The

Macaskie ruling was very clear. That is why we have the payment of
cession money, we have also the appointment of administrator for the
property of the Sultan in Borneo.
Incidentally, I havecpc

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MR. LORENA. Incidentally, I have the opportunity to present


the legal claim of my nephew here. In 2008, I went to Sabah myself,
and presented within the committee of claims discussion on a legal
way forward on the matter of the Sabah. But since there is a pendency
of a case in the ICJ with the Philippine government, there was really no
movement on the issue of rights and privileges of the sultanate even to
determine the administrator of the property of the sultan in North
Borneo.
Thank you.
SEN. A. CAYETANO. Mr. Chair, just before they pass it to the
sultanate.
But, Usec, do you see our point?

The more groups we have

here, the more groups are saying, Bat hindi mo kami sinama sa
usapan? And we are talking only of the Muslim groups, what about
the Christian groups in Mindanao?

And during the time of Chairman

Nur Misuari, the president, President Ramos, was able to craft a


development body where all the governors were in one body and the
chairman was a Muslim, Chairman Nur Misuari, so that magkaroon ng
coordination, usapan and less war.
Right now, I am sorry to say, but there is so much tension, not
only between the MILF and other groups, but between the Christians

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and the Muslims, but not those who are living together. Because those
who are living together are brothers and sisters already but those who
are cross-border, and that is what we want to address.

We want to

assure the Christians in Muslim Mindanao that we are just giving full
autonomy to our brother Muslims, and that there will be no more war.
But that is not what is coming across. Right now I was told you cannot
buy guns in the dozens anymore. Its in the hundreds. And there are
no guns for sale now; walang bumibili daw nuong mga guns na
mahirap iyong bala. So if we are preparing for peace, it seems to me
on the ground it is different. And we have a lot of people hereI dont
know whether in executive session or more quietly like former
Representative Mastura, who knows people in all sides, who can tell us
what is really happening.

I wont ask them to speak in the open

because some might be of national security and sensitive, Secretary,


but thats my main concern right now.

Baka ipasa natin ang BBL

because the President wants it, the MILF wants it, and then at saka
maghabol iyong ibang grupo, then we are in a bigger war.
Mr. Chair, thank you very much for the time.
THE CHAIRMAN (SEN. MARCOS).

Thank you, Senator

Cayetano.

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Just as a quick addition, I think what was required in


clarificationnobody is claiming that there is any language in the draft
BBL that abandons the Sabah claim.

However, there are many

provisions that would seem to indicate that it would weaken our Sabah
claim.
And with that wake-up, because the time is running very, very
quickly, I would like now to turn to the Sultanate of Sulu Archipelago.
Sultan Muedzul-Lail Kiram has designated Datu Yldon Kiram to make
the presentation for the Sultanate of Sulu Archipelago.
Datu Kiram, please proceed.
MR. Y. KIRAM. [Muslim greetings] Honorable Senator Marcos
and Honorable Senator Cayetano; and also my respect to my uncle,
Sultan Esmail Kiram, represented by my uncle, Kiram, and also my
uncle, Ibrahim Kiram,

Assalamu Alaikum Wa Rahmatullahi ta Allah

Wa Barakatuh.
I am Datu Yldon Kiram, the brother of his Majesty, Sultan
Muedzul-Lail Kiram, the 35th legitimate sultan of Sulu; the son of the
late Sultan Mahakuttah Kiram, officially recognized by the state to the
memorandum order of the late President Marcos, and the son also of
the late Sultan Esmail Kiram, who is the one who ceded the sovereign
rights of the North Borneo to the Philippine government.

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Office of the Sultan, Darul Jambangan, Lupah Sug. Communique,


of the Sultanate of Sulu on the proposed Bangsamoro entity, 25th of
May 2015, Astnah Darul Jambangan, Lupah Sug.
The Royal Sultanate of Sulu Archipelago upon invitation of the
Philippine government on March of 2014 appeared on the signing of
the Comprehensive Agrarian on the Bangsamoro-or the CAB. What is
significant of the Sulu Sultanate presence was that the constituent
population and dominion of the Sulu Sultanate are part of what were
defined and mentioned in the language of the agreement;
Our people have signed so many agreements in the past and up
to these years.

Mindanao leaders continue asserting their political

status in the negotiation for the right to self-determination until such


negotiation and agreements have become a living legacy of peoples
political resilience.

But on the contrary, a defeat borne out of

protracted confrontation with ever changing masters.

The most

depressing fact is, none of these agreements have changed the life of
our people for better. All of these ended as fractured peace agreement
that permits endless negotiations to make another peace agreement
that is now the Bangsamoro Basic Law.
Essentially,

all

signed

peace

agreements

are

made

of

demarcated political square on how our people should govern

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themselves;

how they should exploit their ancestral resources and

uncertain regulated economic policies; and, how they induct peaceful


co-existence with government and non-Mindanaoans at their very
homeland that, in the long run, will weaken their assertion of their
political and human rights under the modern peace facilitators called
the conflict transformation.
Let the Senate of the Congress of the Philippines know that I, the
35th legitimate Sultan of Sulu Archipelago, is expressing my highest
aversion on how the peace process is being inducted upon our people
and our dominion and how the Moro Islamic Liberation Front, MILF,
ventured with government of the Philippines the crafting of the Basic
Law without respect of the historical prerogatives.
Let the Senate and the Congress of the Philippines know that the
Bangsa Sug, the people of Sulu, is not a tribe, but a sovereign nation.
We do not fit ourselves to be named Bangsamoro.
Let the Senate and the Congress of the Philippines know that the
population in the island provinces of Sulu, Basilan and Tawi-Tawi are
not happy and not hopeful of the BBL as adversely proclaimed by
government and the MILF instrumentalities.
My presence today in this said significant hearing should provide
better understanding and redirection of Senate outlook in order for

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them to arrive at appropriate political solution for Mindanao and its


peoples.
What we unveil today are facts long denied, deep conspiracies of
those who oppose peace and prosperity of this nation and those
hypocrite Filipino historians who deny historical truth.

Let it be

sensible to our knowledge that they are not only the people of Sulu,
Basilan, Tawi-Tawi who should be involved in decision and consensus
building;

we have a population in North Borneo close to one million

people, 80 percent of those are Tausugs and there has been no


government regard over them.
Whereas, the Sulu Sultanate is contemplating on the vertical
resolution of the questions over (Sabah) Sulu Archipelago and in the
midst of this temporal solution to peace, I, the 35th Sultan of Sulu,
recommend the following:
First, the Philippine Congress to extend their time frame to
complete the consultation process at a distance from the dictate of the
Comprehensive Agreement.

Let our people in the North/mrjc

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MR. Y. KIRAM. Let our people in the North Borneo be given


their constitutional rights and prerogative of democratic consultation
and information.
Second, let there be no transition after the enactment of this law
if BBL is indeed established for the people and democratically, not for
the interest and power of the few.
Let there be a page for the recognition of the Sulu Sultanate in
the language and provision of the basic law.

If and when the

government despite the aid of its Congress and the Supreme Court is
constrained to establish meaningful autonomy due to extreme ethnic
divergence between the people of the mainland Mindanao and the
island provinces, let there be two autonomous entities.

One, for

mainland Mindanao and the other, for the island provinces of Sulu,
Basilan and Tawi-Tawi.
On this occasion, therefore, I and my people wish to congratulate
your honorable Senator Ferdinand Marcos Jr. and the noble House of
the Philippine Senate for having a decisive political character by way of
giving significance to our words and presence before this Senate
hearing.
Our kingdom cannot help venerate the good sight of the legacy
of the late President Ferdinand Marcos.

May his soul rest in peace.


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That he became one of those enriching the history of our people and
homeland.
Finally, the Sulu Sultanate expressed its deepest gratitude to the
Malaysian government for brokering, the peace process and providing
humanity and home to our people residing in Sabah, Malaysia.
Wabillahi taufiq assalamu alaikum wa rahmatullahi ta Allah wa
barakatuh.
For the noble people of the Sultanate of Sulu and North Borneo,
His

Majesty

Sultan

Muedzul-Lail

Kiram,

35th

Sultan

of

Sulu

archipelago
And we still have to add some statements with regard to wali
Per observation regarding the wali, the provision na iyan is, I think, we
might be unconstitutional pag sinama iyan. Its because the previous
president and his Constitution officially recognizes titular head and the
sultanate of Sulu.

Nandoon sa Constitution na iyon.

But during the

presidency of Diosdado Macapagal, our grandfather, the late Sultan


Ismael Kiram, was recognized as the Sultan of Sulu.

And even he

ceded the sovereign right of the North Borneo to Macapagal and

na-

inherit po iyon ni Pangulong Ferdinand E. Marcos.


So, months after the death of Sultan Ismael Kiram, his son, our
father, the late Sultan Mahakuttah Kiram, was officially recognized by
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the Philippine government, through Memorandum Order 427, by


President Ferdinand E. Marcos.

So, that was the last recognized

sultan, official. Maraming nire-recognize but it could not be officially.


Its because pagpasok ng 1987, nawala na po, nawala na po iyong
pagtanaw ng utang na loob ng Philippine government sa Sulu
archipelago o Sulu Sultanate.
Our history could not be started basahin if we will not start with
the Sultanato ng Sulu, Sulu government. Bakit inalis ang recognition?
Only the Philippine government, hindi nagre-recognize ng monarchy. I
dont know.

Even the world history could not be started without

mentioning the ancient civilization. Ganoon din po ang sitwasyon ng


Sultanato ng Sulu.
As a civil society organization, during the focus group discussion
at the Notre Dame of Jolo College, I attended as a civil society, not as
the brother of the sultan but as a civil society coming from different
organizationAno ang sabi namin? Ano ang Wali? Ang sabi po ng
tao sa BBL, Mayroon din kaming sultan. Hindi na natin pag-usapan
iyan. Bakit hindi natin pag-usapan iyon? So, talagang inaalis iyong
Sulu. Inaalis nila. So, bakit ganoon? Sinabi namin, Baka hindi kayo
makakarating sa paroroonan ninyo kung hindi ninyo tatanawin din ng
utang na loob, kikilalanin kung ano ba, saan tayo nanggaling. Bakit
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nagkaroon ng claims tayong lahat sa Mindanao? Its because we are


independent long ago, 13th century, 14th century.

Pero may narinig

ako. Its because ang gusto nila ipapasok ang 16th century. Pag 16th
century, kasama na agad ang mainland Mindanao kayaAt saka may
nagsasabi sa amin, Basahin ninyo iyan para matuto kayo.

Bakit?

Hindi naman iyan ang gusto namin, ayaw namin iyan. Kung puwede,
sa inyo na, pumunta kayo sa Mindanao, sa inyo na lang, then dito
kami, sa Sulu archipelago, kanya-kanya na lang tayo.
Wabillahi

taufiq

assalamu

alaikum

wa

rahmatullahi

wa

barakatuh.
THE CHAIRMAN (SEN. MARCOS).

Thank you, Datu Yldon

Kiram. Thank you, Sultan Muedzul-Lail Kiram, for that statement.


The suggestion has been made, then we had heard when we
were in Jolo. That since the MILF are dominant in maybe Maguindanao
and part of Lanao that that be made, one of the autonomous regions.
But since the Sultanate of Sulu is the overarching authority, local
authority in the Sultanate of Sulu and North Borneo, that another
autonomous region be organized for them. That was, in fact, the
original conception of the Tripoli Agreement and that was why it was
important that the government then recognized then Sultan Kiram, the
34th sultan, as the proper head of the sultanate of Sulu.
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Again, the recognition, not only of the royal houses, not only of
the sultanate of Sulu archipelago is, again, a point that you have
brought up and it is something that, clearly, is important to all the
royal houses and for a good reason. Because the history of the royal
houses extends far beyond the history of the republic, far beyond the
history of all the nations that have been included in the discussion of,
for example, the claim on Sabah, the claim on North Borneo. And with
that, I speak of the country, such as the UK, such as the US. This did
not exist as states. And the sultanate of Sulu and other royal houses
had already been in existence and had already been providing
governance. In fact, it is recorded that the first democratic institutions
in this part of the world came from the royal houses in Muslim
Mindanao to include North Borneo.
So, we thank Datu Kiram and the sultan also for their
participation in this.
Certainly, we will continue to include all of the suggestions that
you have made in our discussions. I would just like to make a request
if we could have a hard copy of any kind.
Is this it? Of the presentation that you made today? All right.
Thank you very much. Thank you.

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Now, we would like to call on the crown prince of the royal house
of Patikul, Sulu, Datu Shakiruddin Ulom Bahjin.
Datu Bahjin, are you
MR. S. BAHJIN.

Bismillah ar-rahman ar-rahim.

At the outset, Your Honor, we are very pleased to have been


invited in this hearing. Because we have been denied of our physical
representations in all meetings of both the national and the local
government regarding the sultanate and its implication to the right
over the territory of Sabah.
Firstly, Your Honor/cda

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MR. S. BAHJIN. Firstly, Your Honor, I would like to elucidate


to you the complex relationship of the Sultanate of Sulu.

We came

only from one sultan. We are of the same ancestry. In fact, Yldon the
father of Yldon is my nephew, just like the one sitting beside me is my
nephew, the grandson of Sultan Jainal Abirin. In the farther left there
is my nephew, the grandson of Datu Boyung(?) Bahjin.

Here at my

right is the youngest offspring of the late Jainal Abirin I of Patikul.


Now, to give the background, it was the Macaskie judgment that
divided the royal families vision of how to approach the problem. In
fact, the recent development has shown that the cropping up of
several royalties basically was for two reasons:

firstly, for material

considerations specifically for being interested in the share over the


remittances of Sabah by the Malaysian government; secondly, for the
reasons that they felt that they have been denied of their ancestry
which is as latent as the ancestry of those who were proclaimed and
named in the Macaskie judgment.
Now, we, the people from Patikul, started marginalized due first
to the Bates Treaty.

We did not, shall we say, befriended the

Americans. To make it mild, we did not use the word collaborate but
we did not agree with the Americans.

So, in Patikul, we fought the

Americans.
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Because of that, we take this ample opportunity and I would like


to reiterate our gratitude to Honorable Senator Bongbong Marcos.
When he came to Sulu, an invitation was presented to me by Vice
Governor Sakur Tan because he was also entrusted with working out
for the mass presentation of the different views of the Sultanate of
Sulu. And so we are here, Your Honor.
Now, I dont like to become redundant in repeating all those
because we dont have different stand as regards Sabah.

And when

you look at the BBL, although we were not given the complete copy of
the BBL because, Your Honor, it is too hard even to access to an
Internet in Sulu. All communications there are totally cutoff whenever
the military conduct massive operations against the lawless elements.
So, we were not given the ample chance of getting into our hand the
complete copy of the BBL and we would like to ask the indulgence of
the Honorable Senator that we have not been able to draft several
pages

of

our

position

paper

because

travelling

Zamboanga, much more to Manila, is very hard.

from

Sulu

to

The encumbrances

that we encountered in Sulu in going to Zamboanga is incomparable,


not like in other provinces. In other provinces, transportation is easy.
But in Sulu, we have been deprived of such opportunity. Anyway, we
are here today to represent the Patikul royal clan composed of the
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Bahjin and Jainal Abirin clan.

The present sultan of Sulu is the one

actually and physically exercising all these sultanates authority in Sulu.


Now,

needless

to

mention

as

to

other

claimants,

but

the

acknowledgment of my apo there, Eldon, to his uncle is indicative of


how close we are in our relations.

Anyway, what I would like to

emphasize was that this was a golden opportunity for us to represent


and to be seen by the Manila authorities that we are also of those who
are counted to be members of the royalty.
Your Honor, we, the Tausugs, actually have the feeling that our
land is taken from us from the northeast and another land is taken
from the southwest. I dont have to mention the takers of our land.
Understandably, we do not belong, as illustrated by my grandson
there, we do not belong to the Philippine Republic.

We were never

consulted even including Sulu into the political structure of the


Philippine Republic. But anyway, we are already a part and we never
have presented our rejection of the programs conducted by the
government for our people in the province of Sulu and we never have
voiced out, out of proper decorum, our objection to the other relative
issue, why not include us in the claim over Sabah because we are
ashamed to be seen by other brothers from the North, how lowly our
thinkings are.

We claim to be responsible people and we are here


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today to emphasize as to there may be a question what is the


relevance of the basic law to the Sultanate of Sulu. We have felt, Your
Honor, the structure and the provisions of the basic law is in fact
affecting the status of the Sultanate of Sulu vis--vis the Sabah issue.
And what is more painful there is that--by the way, incidentally, Your
Honor, I was the secretary general of the MNLF.

I was the official

spokesman when we negotiated with your late father in 1975. Going


back to my own topic, that is why, Your Honor, we were pained by the
fact that the solution presented by the present administration on the
problem of the peace and order in Sulu, the BBL, was crafted by one
who took our land from the east and from the west. In the standard
principle of the Philippine law, those who have conflict of interest
should not be a part in adopting any law that would affect his vested
interest.
Now, we, the royal sultan of Sulu, have the question that why
before the MNLF was rejected in their proposal which resulted to the
signing of the peace treaty, the Tripoli Agreement? If we are serious in
finding peace in Mindanao and Sulu, we have to base on the collateral
damage as mentioned a while ago by--was it Senator Cayetano or the
other Senator Escudero?

But the collateral damage which is more

numerical in Sulu was not taken into consideration. Firstly, if you want
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to attain peace, the one that you solved first are those who have
inflicted more damage to the Philippine entity. But we were denied of
such opportunity.

And now the approach is on the MILF.

Frankly, I

can say with candor that we dont have any grievances against the
MILF, Your Honor, because we were once before, we were only one
during your fathers time. But eventually we became two.

Now, we

know their aspirations but we dont accept the fact that because they
were given that aspiration, the people of Sulu shall be victimized by
such approach.../hsg

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MR. S. BAHJIN.

by such approach.

That is why, Your

Excellency, even in the Organic Act of 1954was it, Usec?


MR. LORENA.

[Offmike]

MR. S. BAHJIN.
MR. LORENA.

No, the previous, the Organic Act.

[Offmike]

MR. S. BAHJIN.

Yes.

The passing of the Organic Act in the House of Congress was


unilaterally done despite the peace agreement by the MNLF and the
Philippine government with the participation of the Organization of
Islamic Conference.

But the passage of the Organic Act which are

imposed to us was done unilaterally. It is repeated now that with the


drafting of the Basic Law, not mentioning the original draft submitted
which was totally scrapped by Malacaang, as apparent in the
investigation, there never was a representation from the people of
Sulu, much less the Sultanate of Sulu.
Now there are questions as to why the haste, Your Honor. What
is only obvious is that this rush on the solution, so-called solution,
which may be farcical is only for the interest by excavating the natural
resources of our land. The problem again, the rights of our people to
be heard.

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With

the

participation

of

Malaysia

whose

interest

is

counterproductive to putting up the identity of the Sultanate of Sulu is


explained by their choice of supporting the MILF who is far from
Sabah, who is not in any manner connected with the Sabah issue. And
to us, it is suspicious.
With the BBL, Your Honor, we are not convinced that it would be
an effective instrument in solving completely the peace and order
situation in Jolo.
We propose that it should be reviewed thoroughly and, if
possible, we pray that the interest of the people of Sulu, including the
sultanate, shall not be abandoned and abrogated.
Thank you, Your Honor.
THE CHAIRMAN (SEN. MARCOS).

Thank you very much,

Datu Bahjin, for your remarks.


We, of course, take the points that you have made. Once again,
the lack of consultation with the sultanates and the royal houses in the
process of coming to a peace agreement which are embodied in the
framework agreement and the comprehensive agreement and finally in
the drafting of the BBL is once again made very clear that none of the
consultations included you. If ever there were inquiries, none of your
suggestions have been incorporated into the draft BBL.

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The issue of the Sabah claim is central to these discussions. It is


not something that is tangential or that is incidental to this discussion.
It is central to this issue.

That is why it is very important that we

make very, very clear in the BBL that nothing in the Bangsamoro Basic
Law will serve to weaken that claim. As I said, there have been many
misgivings that have been expressed here and in other fora about that
claim and that how it will be handled.

Should the formation of the

Bangsamoro government be done strictly in adherence to the BBL and


that is something that we will have to study and that we will have to
examine further.
Furthermore, the presence of Malaysia as a facilitatorI think is
the term that is being usedis one that many have questioned
because they are not objective observer. They are a party in interest
and so that is why no one is quite clear how it is that they became,
shall we say, the one who is facilitating or that has been putting
together or putting the parties, the Philippine government and the
MILF, in this case together because again they have an agenda and
that is in the national interest of Malaysia but may not be in the
interest of the Republic of the Philippines or the claim that we have to
North Borneo.

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Finally, the haste with which we are being encouraged to study


this very important and complicated provision is something again that
most of us fail to understand. It is a very important measure. It is
going to define the lives of all Filipinos, not only Muslim Mindanao, not
only Muslim Filipinos, not only those in Mindanao, but the entire
country and every citizen in it.

And that is why, it may have been

injudicious, to say the least, by OPAPP, to continue to encourage us to


hurry, not only OPAPP but the executive department, the palace. All of
those who were saying, Pass it now. Pass it now. Pass it now, we
cannot understand what the hurry is about. The haste with which it
has been done is evidenced by the fact that some of the primary
stakeholders in this entire discussion have never been consulted. And
that is again a point that we take and it is a point that we have chosen
to remedy by asking you all to come here today.
That is the presentation of Datu Bahjinwe are grateful for that.
Should you choose to in the future put together a formal position paper
and transmit it to the Committee, that will be a most welcome addition
to our information and the discussions here in the Senate.
So with that, I think we have taken on as much as we can. Time
permitting, many of the comments that have been made specifically to
the sultanates and the royal houses of Muslim Mindanao.

We are

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struck by the fact that this is the first time that many of the opinions
have been properly and formally expressed.

This has not been the

result of their lack of willingness to participate but apparently the lack


of the government in this process to include them and to allow them to
participate despite all their entreaties that they be allowed to
participate.
So with that, ladies and gentlemen, I think we have given an
opportunity.

I hope that this in some small measure addresses the

problem, addresses the shortcomings of the Philippine government in


consulting the royal houses. And I hope that at least in this relatively
short discussion, we were able to ventilate the issues that you feel are
important in our discussions, in our deliberations on the Bangsamoro
Basic Law.
So with that, I would like to just suspend for a while. I think we
can allow the representatives, the heads of the royal houses to beas
they are finished, that we can allow them to leave the chamber should
they choose to do so.
After the short suspension, we will then try to cover as much of
the IP issues that we would like.
MR. MASTURA.

Mr. Chairman.

THE CHAIRMAN (SEN. MARCOS).

Yes, Congressman.

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MR. MASTURA.

Very briefly, Mr. Chairman.

THE CHAIRMAN (SEN. MARCOS).

Yes, very briefly, please,

because it is already two oclock and we havent yet talked to the IPs
who also have some very important issues/cmn

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THE CHAIRMAN (SEN. MARCOS).

some very important

issues to raise with the Committee.


MR. MASTURA. Yes, its an expression of thanks and gratitude
in behalf of

the

Muslims

in

Mindanao,

the

royalties including

commoners, if there is still such a thing.


You know, Mr. Chairman, we do not have a voice in this House,
in this chamber. There is no single Muslim senator but because of your
magnanimity and those of the

other committees, I want to express

this with your permission and authority, our sense on feeling of


vindication of our heritage, vindication of our pride and honor because
that accommodation, this very few hours that you have given us is a
sign that even if we do not have a person elected in this chamber, we
would be able to voice our sentiment and that is important in

representative democracy.
Lastly, Mr. Chairman, there is no mixing of, for example, laws
and tradition at the national level. It cannot be done. That is a guide.
It has to be done and this is precisely what is cited in BBL as principle
of subsidiarity. And I know you are familiar with this principle because
you are the Chairman of the Committee on Local Government. It is fit
and proper.
Thank you very much.

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THE CHAIRMAN (SEN. MARCOS). Thank you, Congressman.
I am gladdened by the fact that I was able to give all

the

representatives and the heads of the royal houses of Muslim Mindanao


the opportunity that they have, thus far, for not been given to speak
on this extremely important issue and for which we will need the
support:

first, the understanding and then the support of all the

sultanates of Muslim Mindanao. We cannot conceive a situation where


any of our peace efforts will succeed without the input, without the
suggestions, without all of the different issues that are raised by the
sultanates.

And ultimately,

with their agreement and with their

support.
So I hope, again, that this hearing in some small way has
achieved some of that understanding and that support.
And with that, I thank you all very much. I know many of you
have come a very long way and we appreciate your participation and
the sacrifices you have made so that this participation was possible.
And with that, I will suspend for five minutes before we go on to
the IP groups to listen to their issues.
Thank you very much. We are suspended for five minutes.

[THE HEARING WAS SUSPENDED AT 2:00 P.M.]

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[THE HEARING WAS RESUMED AT 2:16 P.M.]

THE CHAIRMAN (SEN. MARCOS). Ladies and gentlemen, the


hearing of the Committee on Local Government will now resume.
Again, our agenda is still the Bangsamoro Basic Law. We,
however, are now directing our attention to the different indigenous
peoples groups. Previous to this hearing, we have been in receipt of
some position papers that were given by the different groups up to and
including suggestions, amendments to the Bangsamoro Basic Law.
So, since we are pressed for time, I would not like to make any
long commentary anymore but to proceed immediately to listening to
the presentations of the different groups that are represented here
today.
Let

us

start

with

the

Teduray

indigenous

presentation will be made by Timuay Alim Bandara.

people

whose

Where is Mr.

Bandara?
MR. BANDARA. Thank you, Mr. Chairman.
Ako po si Alim Bandara from the Timuay Justice and Governance
of the Teduray and Lambangian in Maguindanao in the Autonomous
Region in Muslim Mindanao. And to start with, I will read my
presentation.
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To the Honorable Senator Ferdinand Romualdez Marcos Jr.,


Chairman of the Committee on Local Government, Senate staffs, fellow
resource persons from the indigenous peoples, visitors, fiyo gefwen,
good afternoon to everyone.
THE CHAIRMAN (SEN. MARCOS). Good afternoon.
MR. BANDARA. First of all is my message of thanks and whole
heart gratitude to the Honorable Senator Bongbong Marcos Jr. for
inviting me as resource person in this joint public hearing on Senate
Bill No. 2408. I accepted the invitation with pleasure because I know
that we the indigenous peoples in the core area of the proposed
Bangsamoro autonomy are directly affected by the new legislation.
This can either be good or bad to us similar to what had happened to
the Indigenous Peoples Rights Act or IPRA of 1997 where until today,
we were not able to enjoy our rights under that law simply because we
are in the autonomous region.
Once again, Your Honor, I am Alim Bandara speaking in behalf of
the Baglalan or tribal title holders of the Kesefenangguwit Timuay or
Timuay Justice and Governance.

The TJG is an indigenous political

structure of the Teduray and Lambangian, portions of Maguindanao in


the Autonomous Region in Muslim Mindanao and in the province of
Sultan Kudarat and the city of Cotabato in Region XII. The indigenous
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peoples based on IPDEV survey of 2013 comprise 122,914 individuals


of 18,135 households in 80 barangays in mainland ARMM specifically in
portions of Maguindanao and Lanao del Sur provinces in the core area
of the proposed Bangsamoro autonomy. Sadly, however, affected IP
communities in Cotabato City, the adjacent areas and island provinces
of the ARMM are not included in the survey which is more than double
the census of IPDEV.
In the peace negotiations between the GPH and MILF, we in
mainland ARMM never failed to participate and register our positions
during public hearings, peace summits, consultations, dialogues, study
sessions and fora to ensure that the IP peace agenda will not be left
out.

Time and again, we register our sentiments that there is a

deliberate non-implementation of the Indigenous Peoples Rights Act in


the Autonomous Region in Muslim Mindanao which is a clear violation
of our collective and individual rights as a people.
No less than His Excellency President Simeon Benigno Aquino III
declared in 2012 that the ARMM is a failed experiment. As victims of
this failed experiment, we pinned our hope to the peace process and
the new legislation for the solution of our problem.

Sadly, the GPH

Panel and OPAPP failed to defend our rights based on Indigenous

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Peoples Rights Act. This should have been the minimum standard to
be considered by the legislators in crafting a new law.
Your Honor, it is on this basis that we stand guard over our
rights in the BBL for the original version of House Bill No. 4994 and
Senate Bill 2408 fall short of that standard.

Therefore, we cannot

support the demand of other indigenous peoples, OPAPP, BTC and the
MILF to accept the IP provisions in the present version of the BBL in its
entirety. To us, that would be tantamount to stripping off our rights as
indigenous peoples that are already protected under the IPRA.
Wherefore, our stand is for the amendment of IP provisions in
the BBL. In our understanding, amendment of IP provisions in the BBL
will not weaken or dilute the Bangsamoro law rather it will strengthen
it.

This will further eliminate the fear that IP amendments are killer

provisions of the BBL.


Today, I stand before

this Honorable

Senate

Committee,

respectfully asking for the full inclusion of the rights of indigenous


peoples in the Bangsamoro Basic law.
Having said that, Mr. Chairman, Your Honor, and without going
into details because we will also submit our detailed proposals to this
Honorable Committee, please allow me to present the summary
proposals, as follows:
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Number one, on identity.

That we are indigenous peoples,

distinct to that of the Bangsamoro. And in conformity to the FAB and


CAB, we decided in a consensus that we ascribed to the non-Moro
indigenous peoples as our identity distinct to that of the Bangsamoro.
And we wanted that the definition of the non-Moro indigenous peoples
is the same as that of the indigenous peoples definition in Republic Act
8371 or Indigenous Peoples Rights Act.
Gusto kong banggitin dito, Your Honor, in several consultations,
we raised this to the GPH Panel and OPAPP pero hindi po ito
pinakinggan. The latest was after our attendance in that Peace Council
consultation under Social Justice and Human Development under the
Honorable Ambassador Dy where our attention was called up by OPAPP
to draft the reference to IPRA para i-assert iyong aming mga
karapatan, but we did not do it. Sabi namin hindi namin puwedeng isurrender. Its up, halimbawa, to the Peace Council kung i-draft nila.
Pero happily, wala namang nangyari.

Thats why doon sa mga

recommendations from the Peace Council, especially under the Social


Justice and Human Development, nandoon iyong bulk ng mga
recommendations.
Number two, on ancestral domains.

That we have our own

territory occupied by our ancestors since time immemorial to the


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present. That in several study sessions with legal experts on IP rights,


we were made to understand that Section 5, Article XII of the 1987
Philippine Constitution which states that, and I quote, The state
subject to the provisions of this Constitution and national development
policies and programs shall protect the rights of indigenous cultural
communities to their ancestral lands to ensure their economic, social
and cultural well-being. The Congress may provide for the applicability
of customary laws governing property rightscpc

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MR. BANDARA.

governing property rights or relations in

determining the ownership and extent of ancestral domain.


Your Honor, Congress already provided the mechanisms on the
delineation of ancestral domains for indigenous peoples under IPRA.
Therefore, this should only be enforced in the Bangsamoro autonomy
and not the application of judicial affirmation as proposed in Article V,
Section 4, paragraph (d) of the Bangsamoro bill.
Number three, on the rights of non-Moro indigenous peoples in
the Bangsamoro.

That the Bangsamoro government recognizes the

rights of the non-Moro indigenous peoples and shall adopt measures


for the promotion and protection of their rights, particularly their
fundamental rights and right to development, including but not limited
to the basic social services, right to their ancestral domains and lands,
including but not limited to private ownership of the territories, control
over the use of resources within the ancestral domains,

delineation

and recognition through Certificate of Ancestral Domains Titles or


Certificate of Ancestral Land Titles and equitable share in the revenue
from

the

utilization

of

resources

therein;

their

right

to

self-

determination and self-governance, including but not limited to the


freedom of choice, right to free, prior and informed consent, the right
to participate, if they so choose, in the Bangsamoro government, and

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their right to cultural integrity, including but not limited to indigenous


customs and tradition, justice systems, indigenous political structures,
and indigenous educations.
The Bangsamoro shall further ensure that all rights of indigenous
peoples, including the right granted under the Constitution of the
Republic of the Philippines and Indigenous Peoples Rights Act of 1997,
shall continue to be enjoyed by the indigenous peoples fully enforced,
respected, protected and promoted by the Bangsamoro government
and shall not in any way be diminished by any act of the Bangsamoro
autonomy.
Last, but not the least, on non-derogation clause. That the BBL
shall not in any manner shall diminish the rights and benefits of the
non-Moro IPs in the Bangsamoro under the Constitution of the Republic
of the

Philippines, national

law, particularly IPRA,

international

conventions and covenants, treaties, awards, customs and traditional


agreements, accords and sacred pacts.
Thank you very much and we trust on your wisdom to legislate
an inclusive Bangsamoro Law.

Again, thank you, and meuyag.

Mabuhay!
THE CHAIRMAN (SEN. MARCOS). Thank you, Mr. Bandara.

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From what I can gather from what you read in your statement is
that you just would like toI do not hear that you are asking for any
special privileges, only those that are guaranteed already under the
IPRA Law.

You, I think, would just like a restatement of those

guarantees as provided by the IPRA Law in the Bangsamoro Basic Law.


Parang wala naman kayong hinihingi na special privilege. Iyon lamang
na tiyakin na kung ano ang nasa batas, kung ano ang nasa IPRA Law
ay ito ang susundan.

Dahil sa inyong naging kasaysayan, naging

karanasan ay hindi ito na-implement sa ilalim ng ARMM, that you


would just like to ensurenais niyo lang tiyakin na iyong inyong mga
karapatan sa lupa, sa mga pag-aari, at pagkikilala sa inyong kultura at
kasaysayan ay magarantiya sa Bangsamoro Basic Law. Am I correct in
my
MR. BANDARA. Yes, Your Honor, at least iyon iyong minimum.
Halimbawa, sa previous autonomy, iyong ARMM, hindi po iyon
nangyari. So we do not want that that will happen again sa bagong
autonomy na ito.

So, if ever mai-legislate, ang gusto namin hindi

iyong parang IPRA-like, sapagkat nandiyan na siya.

Kung mai-

legislate, halimbawa, iyong Bangsamoro autonomy na batas for the


indigenous peoples, it must be higher than itong existing na mga rights

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and privileges of the indigenous peoples.

Iyon iyong gusto naming

mangyari.
THE CHAIRMAN (SEN. MARCOS). Thank you, Mr. Bandara.
Mayroon ka lang nabanggityou mentioned something earlier
that you have raised these points with OPAPP, but you were prevailed
upon not to mentionnot to include in the language any mention of
the IPRA Law?
MR. BANDARA. Yes, Your Honor.
THE CHAIRMAN (SEN. MARCOS).

I have to ask, Usec, why

was that?
Usec Lorena, please.
MR. LORENA.

Mr. Chairman, I have no record, but I will try

toyes, but I believe


THE CHAIRMAN (SEN. MARCOS).

If that happened, there

must be a reason behind it.


MR. LORENA. Yes.
THE CHAIRMAN (SEN. MARCOS). We would like to know the
reason behind it.

Perhaps it is perfectly reasonable, but it would seem

to be an oversight. It would seem to beagain, as I said from what I


have

heard

so

far,

mukha

namang

maliwanag.

Wala

namang

dinadagdag na karapatan, wala namang dinadagdag na powers na

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hindi ibinibigay sa mga IPs sa IPRA Law. So, thats why we take it in
context na iyong IPRA Law ay hindi kumpleto ang pagka-implement sa
ilalim ng ARMM kayat ang hinihingi sa atin ay maging maliwanag na
maliwanag sa Bangsamoro Basic Law na ang mga karapatan na
dinudulot ng IPRA Law sa ating mga IPs ay maging maliwanag na hindi
ito mawawala at ang IPRA Law ay ma-implement ng Bangsamoro
government.
MR. LORENA.

Mr. Chairman, I think from the review of the

discussion and the power sharing during the negotiation, it seems to


indicate that the Bangsamoro Basic Law would give more to the IP. I
understand because under Republic Act No. 9054, there is supposed to
be a deputy governor for the indigenous peoples and there is also an
office of the cultural community within that. And as already intimated,
some of the provisions of the IPRA were not implemented because, if I
recall it correctly, from the records there was this memorandum of
agreement between the National Commission on Indigenous Peoples,
and the regional government of the ARMM, where it states that the
National Commission on Indigenous Peoples can implement the IPRA.
So I think they want to have more defined responsibilities with respect
to the new Bangsamoro Basic Law.

Although there is an assurance

from both panels that the powers and privileges for the indigenous

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peoples, as provided for in the draft Bangsamoro Basic LawI was in a


discussion with the Bangsamoro Transition Commissionreally outlines
a power package that would assure the implementation of IPRA in the
Bangsamoro Basic Law.
Thank you.
THE CHAIRMAN (SEN. MARCOS).

I understand that, Usec

Lorena, but as they say, batas na hindi na nga na-implement. Baka


iyong assurance ay parang kulangkung iyong batas hindi naimplement, ano pa iyong assurance? Kayat siguro ang hinihiling nga
naman nila, it is not again an unreasonable request, that they be
accorded the rights and privileges in the Bangsamoro government that
are accorded to them by the IPRA Law.
very specific recommendations.

Mayroon silang ibinigay na

They have provided us a position

paper. At dito sa inyong Annex A ay gumawa pa kayo ng isang matrix


kagaya noong aming ginagawa para sa pag-amyenda ng mga batas.
And they have made some recommendations with an explanation as to
why they have made these proposals.
I have not seen this before but, again, from a very quick glance
at what the recommendations are, it would seem to be, once again,
merely an affirmation of the privileges and rights/mrjc

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THE CHAIRMAN (SEN. MARCOS). the privileges and rights


that are by law given to the IPs.
So, thank you, Mr. Bandara, for that.
You have given us very voluminous document here. Pag-aaralan
po natin ito together with OPAPP. Kasi sila ang nandiyan na sumulat
ng batas.

We will try to clarify as much as possible the rights and

privileges that the IPs should enjoy, if only under the IPRA Law.
I would now like, at this point, to call a representative of the
Lambangian indigenous people in the person of Mr. Leticio Datuwata.
Mr. Datuwata, please, you have the floor.
MR. DATUWATA.

Thank you, sir.

Honorable Senator Ferdinand R. Marcos Jr., Committee Chairman


on Local Government, and members of the Committee, distinguished
guests, visitors, fellow resource persons, different stakeholder and
government officials present in this occasionally discussion on the
proposed Bangsamoro Basic Law, BBL again and good afternoon to all
of us.
I am Leticio Datuwata of the Lambangian tribe and the deputy
Supreme tribal chief of the Timuay Justice and Governanceand the
indigenous people political structure of the Teduray and Lambangian,

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still existing and practiced in the mainland ARMM and soon to be part
of the core territory of the proposed Bangsamoro Autonomous Region.
Concurrently,

am

the

head

claimant

representing

the

Lambangian tribe on our unified ancestral domain claim with the


Teduray and Lambangian ancestral domain claim or TLADC.
With the Lambangian ethnic group ascribing as non-Moro
indigenous peoples are indigenous and inhabitants in southern part of
Maguindanao particularly in municipality of South Upi and portion of
Datu Hoffer and municipality of Ampatuan.
Our forefathers lived harmoniously in our communities with our
own custom and tradition and political structure to govern our people
within our territory since time immemorial.
Honorable Chairman and Your Honors, I am very grateful to be
invited as a resource person to speak in behalf of my tribe and my
community to this Senate hearing so that we can express our
sentiment, our position and our persistent and consistent assertion of
our right as indigenous peoples that even the government did not
recognize us.
So, Chairman, let me mention a few instances of nonrecognition
of our right which has become the sad plight and daily realities of the
IPs in the mainland ARMM:

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One, non-implementation of the IPRA in the mainland ARMM. In


1995, the Teduray and Lambangian ethnic groups filed a petition for
CADC and on ancestral domain certificate claim under the Department
Administrative Order No. 2 of Department of Environment and Natural
Resources. Instead of approving our petition, the government of the
ARMM awarded the portion of our ancestral domain as Integrated
Forest Management Agreement or IFMA concession to the influential
person in the region. We are frustrated but it did not stop us.

We

continued our struggle for recognition of our right to ancestral domain


and lands especially when Republic Act 8371, otherwise known as
Indigenous Peoples Right Act or IPRA, was enacted in 1997. In early
of 2004, the ethnic groups conducted an assembly among the leaders
of

the

different

indigenous

peoples

organization

and

sectoral

organization of the women, youth, professional and peasant, among


others, to discuss on advancing and strengthening our assertion on
land rights using IPRA.
In line with this, Honorable Chairman and Your Honors, we
decided to file an application for certificate of ancestral domain title,
CADT,

with

the

National

Commission

of

Indigenous

Peoples,

NCIP-Central Office, with an area of 201,850 hectares plus 93,779


hectares of ancestral coastal water covering of the whole municipality

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of South Upi, North Upi, Datu Blas Sinsuat and portion of municipality
of Datu Odin Sinsuat, Talayan, Guindulungan, Datu Saudi Ampatuan,
Datu

Unsay

Ampatuan,

Datu

Hoffer

Ampatuan

and

Ampatuan

municipality, Datu Abdullah Sangki municipality, all in province of


Maguindanao.
The application was endorsed by Office of the Southern Cultural
Community-ARMM or OSCC-ARMM. Sadly, NCIP did not act upon our
petition interposing that the ARMM is not under their jurisdiction.
Despite that commission in action, we continued to exert all effort for
delineation of our ancestral domain.

Until January 14, the NCIP

commission en banc issued a resolution to


delineation process for our CADT application.

start conduct the

The social preparation

activity was conducted and the social preparation accomplishment


report so far was submitted to the regional office. However, it is still
pending due to the opposition posed by Office of the Southern Cultural
Communities and some of the Islamites IPs stating that our application
for delineation will sabotage the peace process of the GPH and MILF.
It seemed our tribes have become exemption in the application of
national laws thats supposed to protect the right of IPs just because
we are in the ARMM.

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Number two, our participation on the GPH-MILF peace process.


Since the Government of the Republic of the Philippines, or GRP, then
started its peace negotiation with the Moro Islamic Liberation Front or
MILF, we already participated early of 2005 by means of submitting
our position papers to include us in the negotiation by recognizing our
distinct identity and ancestral domain.
Over the years, there were series of dialogue with us. And either
of the panels where we remain consistent with our position until the
present BBLWhen the MOA-AD in 2008 come out, we already told the
negotiating parties that we are distinct people from the Bangsamoro.
We are IPswith such identity comes our relationship with our
ancestral domain. For us IP, land is life.
However, in the MOA-AD, our identity is already submitted in the
Bangsamoro and this happened again in the FAB, CAB. And now, in
the BBL, it has, in fact, worsened as we are placed under the exclusive
power of the Bangsamoro, Article IX, Section 5 of the BBL.
In the drafting of the BBL at the level of the Bangsamoro
Transition Commission, we also tried to doubly hard to our present
our proposal, to no avail, as our identity is still subsumed in the
Bangsamoro identity and our ancestral domain and the Indigenous
Peoples Right Act, not recognized.

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We even wrote a letter to the President on this matter but still to


no avail.

And this time, we are again actively participating in the

legislative process by presenting our position and proposal before you


honorable senators of this Committee.
Number three/cda

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MR. DATUWATA. Number three, killing of IP leaders and


members of the community, Honorable Senators, with our consistent
and persistent assertion, nine IP leaders and members of our
community members have already been killed since May 2013 until
December 2014. Out of the nine people killed, six of the victims were
from my municipality in South Upi, Maguindanao. Attached with this
position paper, I will respectfully submit our document fact sheet on
the killings and other human rights violations such as encroachment on
our territories by mining and agribusiness, speculators without free
and prior informed consent to our communities.

These incidents

resulted to the displacement and insecurity of the communities.


In closing, I and my community would like to appeal to this
Committee to help us not to be subject of the same situation that we
are currently experiencing in ARMM by helping us through the full
inclusion of the indigenous peoples right in the BBL.

This is also to

reiterate and reaffirm our four proposals mentioned by Timuay Alim


Bandara, my peer and the tribal title holders of the Timuay Justice and
Governance, as follows--I will not really read it because still Timuay
Alim read this four-point agenda last-THE CHAIRMAN (SEN. MARCOS). Are they the same as what
Mr. Bandara read?
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MR. DATUWATA. Yes.


THE CHAIRMAN (SEN. MARCOS). Well, for the record, again,
the four points, to summarize very quickly are the recognition of a
distinct identity separate from the Bangsamoro and the term that they
have chosen to use is as non-Moro Indigenous People and they used
the definition of indigenous peoples in the IPRA Law or R.A. 8371.
Furthermore, the second point that is made is that the
delineation of ancestral lands be finally made so that we can recognize
which are the ancestral lands of the IPs and those are the lands that
they have occupied, they have worked before recorded history.
Also, I think it is, again, a restatement of the recognition of the
rights and privileges accorded to IPs under R.A. 8371 or the IPRA Law.
This is, again, a response to the poor implementation of the IPRA Law
under ARMM.
They go on further to say that the rights and privileges that they
enjoy are not only granted under the IPRA Law but furthermore also
under the Constitution and the IPRA Law together ensure the rights
and privileges of indigenous peoples.
And on the last point is the non-derogation clause that the BBL
should not in any manner diminish the rights and benefits.

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Once again, I think that Mr. Datuwata is once again arguing not
for any additional rights or privileges but merely those that are already
granted to them by law.
So, with that, thank you, Mr. Datuwata.
MR. DATUWATA. Thank you, sir.
THE CHAIRMAN (SEN. MARCOS).

We now move on to the

Gempa te Kelindaan ne Kamal and the presentation will be made by


Datu Roldan Babelon.
Datu Babelon, please proceed.
MR. BABELON.

Well, magandang hapon po, Kagalang-galang

na Senador.
THE CHAIRMAN (SEN. MARCOS). Magandang hapon po.
MR. BABELON.

Pasensiyahan ninyo na po at tanging Filipino

lang po iyong alam kong gamiting salita.

Siguro ako lang po iyong

unang nag-Tagalog sa hearing na ito.


THE CHAIRMAN (SEN. MARCOS).

Hindi naman po at tayo

namang lahat ay Pilipino at nauunawaan naman natin ang ating


sariling wika.
MR. BABELON. Thank you, Mr. Chairman.

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Your Honor, ang indigenous name ko po ay si Burunay. Iyan ay


pangalan ng aming katutubo at ang pangalan ko po sa DepEd ay si
Roldan A. Babelon noong nag-aral na ako.
Ako po ay full-blooded non-Moro at non-Christian indigenous
people sa Central Mindanao. I am an Erumanen tribe na nakatira po
sa Sitio Baroyon, Macabenban, Carmen, Cotabato.
Pakibalik lang po iyong picture.
Gusto ko lang pong ipakita na iyon ang simpleng bahay ng isang
katutubong Erumanen na doon sa aming community na kung saan
kung sa aming katayuan ngayon ay wala kaming kaalam-alam na kami
pala ay maiipit na nitong usapang pangkapayapaan na kami ay
malayang mamuhay ng ganyan subalit kami ay medyo may problema
ngayon sa BBL.

Ang wikang Erumanen ay nagsasabing meupiyan

maapun, ibig sabihin magandang hapon sa ating lahat dito.


Isa po itong karangalan ng aming mga Erumanen na Manobo
sapagkat landmark ito na ngayon lang namin nadama na kabahagi
pala kami sa gobyerno ng Pilipinas dahil nakatungtong kami dito sa
bahay ng Senate upang iparinig sa inyo--nasabi ko po iyon, Your
Honor, sapagkat sa level po ng Congress ay hindi nangyari ang
ganitong event na kami ay umupo doon sa kanilang session upang
ipahayag ang aming nararamdaman or ang aming mga hinaing.
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Ang meupiyan maapun po ay wika according sa tataraman(?) or


oral history na nagmula kina Apu Agyu, Banlak(?), Lana, Mohan(?), at
sa iba pa nilang kasamahan bago pa sila ni-rapture ng Panginoon o
magbabaya sa langit sa pamamagitan ng serimbar(?). Iyan ang aming
genealogy.
Kagalang-galang na Senador, Your Honor, sa ngalan ng tribong
Manobo ng Mindanao na maapektuhan nitong usapang Bangsamoro
Basic Law, gusto po naming ipaabot sa liderato ng buong kasapi ng
Senado ang mga sumusunod na mga panawagan:
Una, indigenous people or IP po ang aming identity.

Meaning,

hindi kami gustong tawaging Bangsamoro dahil the first identity and
the first people of the land in Mindanao is no other than Manobo or the
indigenous people, pangalawa lang po ang Bangsamoro na identity.
We would like to put into the record to this honorable house of Senate
na para matabunan ang kasaysayan parang sa tingin namin ay madestroy iyong mga history ng ating bansa. Hindi maaaring palitan kasi
makamura ka or maka-curse para sa amin. Hindi puwedeng ibase sa
freedom of choice, according to Article II, Section 2 ng Bangsamoro
Basic Law. Ang identity kasi birth right iyan. Kami ay hindi sang-ayon
doon sa freedom of choice dahil ikaw ay pinanganak na Manobo or Bulanon, full-blooded. Ngayon kung mayroon ng Bangsamoro Basic Law
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na may Section 2, Article II na nagsasabing freedom of choice ay


mayroon ka nang karapatang magdeklara na hindi ka na IP,
Bangsamoro ka na. So, hindi sold-out para sa aming adjacent--gusto
kong balikan na sila iyong nasa core, kami iyong nasa adjacent
territory, nasa 39 barangay na bagong ipapasok doon sa itatayong
Bangsamoro government.
Number two, sa lupaing ninuno ay hinati na ng mga ancestor
namin na sina Apo Mamalu at Apo Tabunaway. Bago nag-Islam iyong
isang ninuno namin ay hinati na, wala na iyong kasabihang hatiin
muna natin ang manok bago hatiin.

Nahati na.

Natapos na ang

pinag-usapan noong mga ninuno namin na si Apo Tabunaway kaya ang


lahat ng aming mga IP ancestral domain ay ayaw naming masakop ng
Bangsamoro territory.
Pangatlo, sana po mapasa ang BBL na ang ayon sa aming
wikang Erumanen na iyong BBL na talutot na kukuman(?) sa
langkum(?) na pangitawan. Meaning, accurate and collective kind of
law na sana makatotohanan, makatao at makakalikasan at katanggaptanggap sa lahat ng mamamayang mga Mindanaon.../hsg

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MR. BABELON.

mamamayang mga Mindanaoan ang basic na

law na iyan.
Please i-review mo iyong video kasi gusto ko pong ipakita dito sa
publiko kung saan kami sa Mindanao.
Please, iyong mapa.
Pakibalik lang po.
Gusto ko pong ipakita sa atin dito na iyan ay mga
Please, next slide.
Okay.

Iyon

ang

13

ethnicity:

Livunganen,

Lehitanen,

Isuruken,

Dungguanen,

Mulitaan,

Pulengiyen,

Sinimburanen,

Derepuwanen,
Kirinteken,

Ilianen,

Simuniyen,

Ilentungen

at

Ilembaken.
May tinatayang more or less 400,000 na individual iyong dami
namin, maaari pa siyang mag-one million. At may tinatayang 700 to
one million thousand hectares na ancestral domain na nasa North
Cotabato at Southern Bukidnon.
Iyan ang mga picture.

Tingnan niyo ang pagkakaiba ng

indigenous people at saka Bangsamoro.


ang Samayaan.

Iyan ang ritual namin, iyan

Nasa Sitio Lebpas, Barangay Tuael iyan, iyong

nangyari.
Next.
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Ito iyong Central Mindanao.


THE CHAIRMAN (SEN. MARCOS).

Para malaman lang namin

at hindi kami masyadong familiar dito, anong ritual iyon?


MR. BABELON.

Samayaan. That is a thanksgiving ritual,

pagkatapos ng harvest.
THE CHAIRMAN (SEN. MARCOS).
MR. BABELON.

Okay. Thank you.

Iyan ang Central Mindanao. Paumanhin lang

po at kinut (cut) namin iyong portion ng Zamboanga para lang po


magkasya sa papel.
Next, please.
Iyan ang mga kapitbahay naming mga probinsya.
Iyan ang ARMM, iyan ang North Cotabato at saka Bukidnon.
Next, please.
Ito iyong Erumanen Ne Menuvu. Nasa pagitan kami ng Southern
Bukidnon at North Cotabato.
Next.
Kung sa political na pormasyon, kami ay makikita sa mga bayan
ng Alamada, Banisilan, Pigcawayan, Libungan, Midsayap, Aleosan,
Pikit, Kabacan, Matalam, President Roxas at Carmen.

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Kung sa Southern Bukidnon naman ay nasa Pangantucan,


Kalilangan, Maramag, Quezon, Don Carlos, Kitaotao, Dangcagan,
Kibawe, Damulog at Kadingilan.
Next.
Ang status namin noong giyera, iyong AFP at MILF ay mas
malinaw ang partisipasyon namin dahil kung nagpuputukan iyong
dalawang partido ay malinaw iyong partisipasyon sapagkat mag-eevacuate kami.

Pinapakinggan lang namin iyong putok, takbo kami

kaagad para hindi kami mahagip ng bala. Ngayon, na peace process


na, takbo din kami dito sa legislator para mahabol namin ang
karapatan, parang ganun iyong nangyari. Then, isa pa, mag-takbo ka
para hindi ka tamaan ng ligaw na bala.

Iyong papel namin ganyan,

paghinalaang kuntsaba ng both party na doon kami mag-ano sa kabila.


Iyon ang papel namin noong giyera. Then, helper din sa both party.
Halimbawa, tagadala ng bala, pagkain at mag-alsa ng patay. Then,
ngayon, sa GPH-MILF peace process na ay malabo ang involvement ng
katutubo.
Salamat nga uli, Your Honor, na dito sa Senado ay parang hindi
malabo. Malinaw iyong partisipasyon namin dahil kayo po iyong nagimbita sa amin.

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Kapag GPH ang kinakausap namin, pasintabi lang po, sapagkat


ito iyong totoong sentimiyento ng adjacent, iyong Erumanen, iyong 13
ethnicity kanina.

Kapag GPH ang kausap namin, ang sagot sa amin

ay, Hindi kayo kasali dahil hindi kayo armed group. Iyon ay sinabi sa
amin sa tuwing kami ay nagla-lobby.
Kapag MILF naman, iyon na nga, sabi, Hulihin muna ang manok
bago hatiin. Nasagot na namin iyan, nahati na.
Next.
Iyan ang bagong ipapasok na 39 barangays doon sa gagawing
Bangsamoro territory.

Iyan ang ARMM, Maguindanao, ang apat na

iyan ay IP ancestral domain.

Sapagkat gusto kong i-picture na sila

walang IPRA, kami may IPRA, mayroon ng ancestral domain, ngayon,


noong gagawin itong Bangsamoro Basic Law, mas mapasok iyong may
CADT na.

Iyon ang pagkakaiba ng sitwasyon namin doon sa core.

Ang apat na iyan ay mga kasali sa aming ancestral domain. Iyan ay


gusto naming alisin doon sa ipapasok na 39 barangays. Sabagay, apat
lang iyan. Pakiusap namin sa mga kapatid na Bangsamoro, 35 iyong
maiwan sa inyo, apat lang iyong hihingiin namin.
makakaintindi at maawa sa amin.

Syaro hindi kayo

Ancestral domain naman namin

iyan, may CADT na, according to Republic Act 8371.


Next.
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Sa Congress, inilatag na namin iyan. Pero hindi talaga ang MILF


mag-agree.
Next.
Ang sabi ng MILF, four bundles of rights na lang, parang medyo
okay daw iyon sa kanila.
Ano iyong laman ng four bundles of rights?
IP governance and empowerment; number two is social justice
and human right; number three, cultural integrity; at ang pang-apat
ay ancestral domain na alisin din nila.
Three lang iyong maiwan. Sapagkat sa concept ng Bangsamoro,
kung sabihin mong ancestral domain, ibig sabihin, Bangsamoro
ancestral domain.

Walang kasali iyong mga IP na katulad namin,

katulad ng kaso ng mga kasama sa core territory.


Next.
Ito iyong panawagan.
Continue the peace process.

Beneficiary naman kami ng

usapang pangkapayapaan kasi nakatulog kami ng tig-10 hours, tigeight hours dahil humupa iyong putukan ng MILF at AFP.

Maganda

ang dulot sa amin.


Next.

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No. 2. Please exclude the IP ancestral domain. Iyong kanina na


apat lang iyong hinihingi, pakiusap.
Next.
Please dont call us Bangsamoro.

Iyong kanina.

Hindi namin

matanggap iyan. Kabilin-bilinan ng mga apo namin na ni-rupture ng


Panginoon na huwag kayong magpalit ng anumang pagkakilanlan sa
inyo. Ang kakaniyahan ninyo ay huwag ninyong palitan sapagkat kami
ay babalik, hindi na tayo magkakakilanlan.

So cultural basis iyan

according to our belief na posibleng kami ayganun din sa nangyari sa


kanila subalit hindi na kami makasunod kung mawawala ang identity at
territory.
Next.
Dinggin naman ninyopero salamat.

Hindi ko na lang iyon

basahin. Dininig ng Senate.


Salamat, Your Honor, Honorable Chairman, na andito na kami.
Next.
Remain IPRA.
Pakusap naman.

IPRA is a peace agreement of the indigenous

people and the government of the Republic of the Philippines and it is


the solution for the historical injustice din doon sa mga IP.
agreement din iyan.

Peace

Bakit parang virus iyan na hindi makapasok sa


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BBL? Please naman, wala naman sigurong mawala. Pag-usapan lang


natin dahil puro tayo mga Lumad.

Hindi ko lang i-insist na baka

mayroon nang hindi tatanggap na indigenous people sila dahil may


Bangsamoro na. Pero ang totoong kasaysayan, gusto naming i-restore
na katutubo lahat bago lang may Bangsamoro.
Next.
So iyan ang wika ng Erumanen.
Kayi ra taman, dekela ne untung. Meaning, thats all and good
luck.
Magandang hapon.
THE CHAIRMAN (SEN. MARCOS).

Thank you very much for

your presentation, Datu Babelon.


Although marami sa iyong nabanggit ay napag-usapan na, pero
iyong paliwanag ninyo doon sa tinatawag na self-ascription na kung
saan kayo ay tutol at kung ano ang naging dahilan kung bakit
tinututulan niyo ito ay maliwanag na ito ay bahagi ng inyong kultura at
paniniwala. Kaya itong issue, ito siguro ang kaisa-isang narinig natin
that their ancestors will return at kung sila ay nagbago na ng lahi,
hindi sila makikilala. That is not the first time I have heard that.

But

it is a very important part of the culture and the belief of the IPs and it
is something that we should endeavor to understand. Even if it is not
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something that we do not practice, it is something that they practice in


their everyday lives and, therefore, it becomes central and important
to their identity and their existence.

Kasi nga naman if they are all

self-ascribed to become Bangsamoro, mawawala na ngayon iyong


kanilang grupo.
Again, the identification or categorization as Bangsamoro is
something that you object to.

Iyong isa pang inyong nabanggit na

sana hindi maisama iyong inyong ancestral lands sa Bangsamoro


territory, hindi lamang doon sa core territory kung hindi iyong mga
nasa paligid. At napakita ninyo doon sa mapa ninyo kung saan iyong
mga area/cmn

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THE CHAIRMAN (SEN. MARCOS).

kung saan iyong mga

area na inyong sinasabi na ancestral land ninyo. At ulit narinig natin


ang IPRA na kailangan ay kilalanin ng Bangsamoro government ang
IPRA at ito ay i-implement nang sa ganoon ay ang inyong mga
karapatan na dinudulot sa inyo ng IPRA ay hindi mabawasan.
Go ahead, Datu Babelon.
MR. BABELON.

Mayroon pong sina-submit namin diyan sa

secretariat, iyan ay pitong position paper at mga dokumentasyon ng


katutubong Erumanen mula pa noong 1999 hanggang 2008 noong
panahon pa ng GRP.

GRP pa, hindi pa GPH.

Iyan ay position na

binalik-balik: ang ancestral domain, identity, IPRA.

Iyang tatlo hindi

iyan mawalay. Iyang pito ay ilan lamang iyan kasi hindi ko na perfect
kung ilang pag-uusap, ilang assembly ng mga katutubo sa Central
Mindanao ang naganap subalit noong isa-submit namin doon sa office
ng OPAPP,

sa Office of the Presidential Assistance on Peace Process

noon at saka MILF, ang ipinapangalan sa dokuemnto

na iyan ay

tinawag nilang informal documents.


THE CHAIRMAN (SEN. MARCOS).
MR. BABELON.

Yeah.

Ah, informal lamang.

Kaya ngayon i-submit namin dito sa

Kagalang-galang na Bahay ng Senado, para ma-examine ng mga

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expert iyan kung bakit iyan ay informal document. Papaano ba gawin


ang isang dokumento na naging formal kasi hindi namin alam.
Thank you.
THE CHAIRMAN (SEN. MARCOS).

Salamat Datu Babelon at

hihintayin namin ang inyong ibibigay sa amin na inyong-Nandiyan na? Nasa akin na?
Okay.

Anyway, para ma-receive ng aming secretariat lahat ng

ibat-ibang dokumento na sa palagay ninyo ay dapat pag-aralan.


Thank you, Datu Babelon.
Ngayon ay tutuloy na tayo sa susunod na magbibigay ng
salaysay--ng presentasyon.

Ang representative na nandito pa sa

Mindanao Indigenous Peoples Peace Forum, Ms. Beatriz Colmo.

She

has been central to this entire effort of bringing the IPs situation to
light vis-a-vis the BBL.
Ms. Colmo, please proceed.
MS. COLMO.

[Speaking in dialect]

Maupiyan maapun kani

langon. Magandang hapon sa ating lahat.


Sa Kagalang-galang na Senador Ferdinand Marcos, sa lahat ng
mga

staff,

lahat

ng

stakeholders

sa

Bangsamoro

Basic

Law,

magandang hapon. Peace be with us.

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I am Beatriz Colmo, bai apo tanan, alternate chairperson of


Mindanao Indigenous Peoples Peace Forum. Our chairman is now sick
and I am designated as alternate for BBL issue.
Central Mindanao

We are present in

and are connected to many and almost all

indigenous people leaders in Mindanao.


Our position is to support the assertion of the full inclusion of IP
rights

in the Bangsamoro Basic Law.

We, at present, are not yet

within the Bangsamoro territory but we may be affected in the opt-in


provision.

Though the Bangsamoro territory is enumerated in the

annex of the bill, the definition of Bangsamoro identity encompasses all


native inhabitants of Mindanao. So iyong definition ng Bangsamoro ay
hindi nagsasabi na ito ay natives of the ARMM. Ito, are all natives of
Mindanao and we are being questioned why we are into this na hindi
naman kami kasali, etcetera, but the Bangsamoro identity definition
itself states that this refers to the native inhabitants of Mindanao.
Throughout history and through our way of life, we non-Moro
indigenous peoples show that we are for peace. Thus, when confronted
with situations and issues that we believe would alter our peaceful coexistence with other people, we negotiate, we lobby and make
appeals.

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For the Bangsamoro Basic Law, we appeal to the Honorable


Senate of the Republic of the Philippines through the Chair of
Committee on Local Government.
That as Senate Bill No 2408 affirms the distinct historical identity
and birthright of the Bangsamoro people to their Bangsamoro
homeland and their right to self-determination as stated in the
Preamble, it should also affirm the distinct identity of non-Moro
indigenous peoples who are descendants of the native inhabitants of
Mindanao prior and at the time of conquest but do not ascribe
themselves

as

Bangsamoro.

Non-moro

indigenous

peoples

is

recognized in CAB.
The Bangsamoro Basic Law recognizes ancestral land, native
title, Fusaka Inged.

However, nothing in it clearly points out and

defines that this refers to ancestral domain of the non-Moro indigenous


peoples.

Part

of

the

so-called

Bangsamoro

homeland

territory

particularly in Maguindanao and in North Cotabato belongs to the nonMoro indigenous peoples who historically and culturally occupied and
dwelt therein since time immemorial except on times of armed conflict
that caused their displacement.
RA 8371 recognizes the rights of indigenous peoples over their
ancestral domain. If the Bangsamoro Basic Law limits its recognition
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to ancestral land and leaves the meaning of ancestral domain in


ambiguity and under the shadow

of native title and Fusaka Inged,

then it is a diminution of the rights of non-Moro indigenous peoples. It


may be later on subjected to many interpretation and may cause
conflict among people.
Moro

indigenous

Thus, it is respectfully prayed that the non-

peoples

identity

and

ancestral

domains

be

distinguished as distinct from the Bangsamoro identity and ancestral


domain or homeland and be clearly defined in Senate Bill 2408.
Secondly, we also appeal that the rights of non-Moro indigenous
peoples should not be enacted by the Bangsamoro parliament as such
has already been guaranteed under RA 8371. We recommend and we
appeal that the parliament would enact enhancement

of the rights of

the indigenous peoples but not their basic rights such as but not
limited to identity,

ancestral domain and natural resources, cultural,

social and rights to governance.


I want to mention that even the peace council recommends and
proposes that IPRA should be included in the BBL.
Third, on economy and patrimony.
referred to

The ancestral domain

should only mean and apply to ancestral domain of the

Bangsamoro but not to the ancestral domain of the non-Moro


indigenous peoples.
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Lastly, for the Bangsamoro expansion of territories which may


effect through the opt-in provision, we appeal that the ancestral
domains of the non-Moro indigenous peoples recognized and respected
through Certificate of Ancestral Domain

Title or CADT

or should be

considered as vested rights and as well as the native title.


We respect the rights to self-determination of the Bangsamoro
which they deserve

through the

BBL, Bangsamoro Basic Law.

However, we appeal that it should not subsume the rights of non-Moro


indigenous peoples.
With all sincerity, we appeal to the Honorable Senate to consider
these above issues and concerns.
Maraming salamat po.
THE CHAIRMAN (SEN. MARCOS).

Thank you, Ms. Beatriz

Colmo.
I think you have encapsulated very well the positions or the
sentiments that we have heard thus far when you write, That we
respect the rights to self-determination of the Bangsamoro which they
deserve to have through the Bangsamoro Basic Law. However, we
appeal that it should not subsume the rights of non-Moro indigenous
peoples.

I think that is a very articulate encapsulation of the

arguments that you and the other groups have been making.
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Once again, we come up against the issue of the recognition, not


only of identity that you are not Bangsamoro and should not be
included as Bangsamoro people but also that the ancestral lands of the
IPs should be recognized as the ancestral lands of the IPs and that it is
your prayer that they not be included in the Bangsamoro territory.
MS. COLMO. Those in the contiguous area. Iyong subject for
opt-in provision po.
THE CHAIRMAN (SEN. MARCOS). Well, that opt-in provision
is available/cfd

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THE CHAIRMAN (SEN. MARCOS). provision is available to


those who are in non-contiguous areas.
MS. COLMO. Yes po.
THE CHAIRMAN (SEN. MARCOS). Iyong nasa labas.
MS. COLMO. O, iyan nga po.
THE CHAIRMAN (SEN. MARCOS). At hindi nakadikit doon sa
MS. COLMO. Iyan nga po. There are many ancestral domains
in those areas po and it should be considered as vested rights,
therefore, should not be subjected to the 10 percent petition for
inclusion.
THE CHAIRMAN (SEN. MARCOS). The argument thats always
been made, back at us, when we say we should not have an opt-in
provision or mechanism is that there will be a plebiscite conducted and
if the locals do not want to be included, then they can vote not to optin.

I think some of the arguments that have been made is that it

should be more aligned to something like a recall mechanism.

Ten

percent, sounds like a low number, and the absence of an opt-out


Usec, we have been in the middle of that discussion.
But in any case, to summarize what you have said, opt-in
provision or mechanism should not apply to identified ancestral lands.
MS. COLMO. Domain po.

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THE CHAIRMAN (SEN. MARCOS).

The ancestral domains of

the indigenous peoples.


If you want to clarify the language, ancestral domain, again, it
is something that has already been mentioned.

And that ancestral

domain does not mean in the Bangsamoro Basic Law, correct me if I


am wrong, but from what I am hearing is that in the law, you do not
want ancestral domain to mean and to include ancestral domain of IPs.
MS. COLMO. It should be distinct.
THE

CHAIRMAN

(SEN.

MARCOS).

We

can

make

the

distinction that they are the ancestral domain of Bangsamoro peoples a


separate from the ancestral domain of the IPs, is that correct?
MS. COLMO. Yes po.
THE CHAIRMAN (SEN. MARCOS).

And again, the opt-in

provision should not apply to the areas that are considered within the
ancestral domain of the IPs. So, thats just a quick summary of what
you have read to us today.
Thank you very much, Ms. Beatrice Colmo.
We move now to the Lumad Mindanaw Peoples Federation. And
the presentation will be given by Mr. Edtami Mansayagan.

I did not

recognize you. Hindi mo suot iyong


MR. MANSAYAGAN. Hindi po.

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THE CHAIRMAN (SEN. MARCOS).

Naka-civilian ka ngayon

araw.
MR. MANSAYAGAN. Mapiya na mahapon, Mr. Chairman.
THE CHAIRMAN (SEN. MARCOS). Good afternoon.
MR. MANSAYAGAN. Thank you very much for the invitation to
speak in behalf of Lumad Mindanaw Peoples Federation.
Before going further, kindly allow me to introduce myself. I am
Mr. Edtami Mansayagan.
Central Mindanao.

I belong to the Erumanen ne Menuvu of

Our traditional territory is located somewhere

within the boundary of Bukidnon and Cotabato as shown by Datu


Bruns a while ago. We are next door to our Bangsamoro brothers and
sisters, the Maguindanaon, Maranaw and Iranon.

Incidentally, I am

also the current mandate holder of the United Nations Human Rights
Council as a member of the Expert Mechanism on the Rights of the
Indigenous People or EMRIP representing Asia and Pacific Geopolitical
Region. EMRIP is a five-member independent experts, a subsidiary
body of the United Nations Human Rights Council.
Mr. Chairman, first and foremost, I would like to express
appreciation of the intention and hard work of this Joint Committee to
craft legislation that seeks to address concerns and build constructive
mechanisms to facilitate peaceful coexistence based on mutual respect

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among diverse peoples, particularly the distinct characteristic of a new


political entity better known as Bangsamoro.
It is worthy to note that the present draft is already a product of
collaborative effort done by the state together with the Moro Islamic
Liberation Front.

Among other things, the present draft clearly

outlines how Islamic inspired governance will be carried out in the


Bangsamoro territory.
I wanted to highlight the significance of Islamic faith in the
present draft.

It becomes the unifying factor among Bangsamoro,

those indigenous peoples that followed Islamic faith. To some extent,


it become determinant to that collective self considering that BBL
somehow is a recognition of the right to self-determination of
Bangsamoro people. Although to my mind, there is a great difficulty if
the state tries to determine or prescribe how self-determination should
be carried out by distinct peoples.
The brothers and sisters who embrace Islamic faith knew pretty
well that BBL can demonstrate the ideals of governance inspired by
Islamic faith as religion of peace. BBL can be a Philippine version of
Islamic

autonomous

religion

that

outlines

development, social justice and rule of law.

regime

of

peace,

Like the Indigenous

Peoples Rights Act or RA 8371, this will be another landmark

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legislation. It can be a showcase to the global community that despite


of diversity, constructive mechanisms for respect of human rights,
tolerance and resolution of conflict is workable.
BBL also clearly drew the line of distinction between the
Bangsamoro and the Non-Moro indigenous people. The oral history of
brotherhood of Apu Mamalu and Apu Tabunaway as narrated by both
generations of the Non-Moro and Bangsamoro affirmed the distinction
of those who embraced Islam religion and those who opted to remain
in their traditional spirituality. This fundamental cornerstone of
constructive arrangement should be acknowledged and be respected,
as we continue to deliberate on the draft bill.
As clearly elaborated in Article II, Section 2 of the present draft,
I appreciate the recognition of the otherness of the non-Moro
indigenous peoples and their freedom of choice.

To enhance the

present draft, the distinct identities of the non-Moro indigenous


peoples further require provisions and measures for equal protection.
Considering their vulnerability, additional mechanism for tolerance
should be instituted in the present draft.

Recognition of their

respective identities and their ancestral domains and protect their


fundamental freedoms and basic human rights as indigenous peoples.

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Philippine history has never been kind to indigenous peoples.


We did not have a very centralized government structure then. Each
of the peoples govern themselves and develop their diverse and
functional autonomous governance systems.

Those were the times

when our differences did not necessarily to make us inferior or superior


to each other.

The establishment and imposition of dominant

centralized governance structures devised mechanisms to conquer,


manipulate and assimilate the indigenous peoples. They are doing this
in the name of religion, education, development and lately, in the
name of social justice and lasting peace. The colonial rulers, as well as
those that adopted their ways and systems imposed different identities
to us.

Most of the time, it is loaded with political and cultural

discrimination. At other times, maybe out of lack of knowledge of who


we really are, the Spaniards called us indios and other derogatory
identifications, at some times, we are referred to as Non-Christian
Tribes, National Minorities, Cultural Communities, and it was only with
the passage of the Indigenous Peoples Rights Act that we are referred
to as peoplesindigenous peoples. In IPRA, we are able to reclaimcp

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MR. MANSAYAGAN.
identities as distinct people.

we are able to reclaim our original


We were able to breathe fresh air, and

work to reclaim our rightful place, our ancestral domain. All of these
gains of indigenous peoples, particularly for the Teduray, Lambangian,
Dulangan Manobo, in the core territory seem to be unclear with
intended vagueness in the draft basic law. The mention of IPRA and
the draft BBL almost sounds like a taboo when we tried to introduce it
during the countless public hearings done by the Lower House.
Mr. Chairman, in recognition of the distinct identities of the nonMoro indigenous peoples, this is fundamental.

We can only fully

participate to the mainstream governance if we are appropriately


recognized based on existing national laws and international standards.
In conclusion, I would like to respectfully urge the Senate Joint
Committee to enhance the present draft and include additional
provisions for the recognition, and protection, and promotion of the
collective and individual rights of the non-Moro indigenous peoples.
I will submit later on in particular tabulated area referring to
Article II, Section 3; Article II, Section 2; Article IV, Section 9; Article
5, Section 2, Section 15, Section 4, Section 57; Article VII, Section 5
and 6; Article IX, Sections 4, 5, 7, and 14; Article X, Sections 1, 23,
24;

Article XI, Section 18;

Article XII, Section 34;

Article XIII,

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Section 12; Article XVI, Section 7, letter (f). For the record, I will be
submitting in particular the details of this, but in consideration of the
time I will not go into the details.
Finally, allow me to express my heartfelt gratitude to the Senate
Joint

Committee,

especially

with

your

dynamic

leadership,

Mr.

Chairman, for this opportunity to share insights.


I will be sending a copy of this intervention to my colleagues at
the Expert Mechanism on the Rights of Indigenous Peoples, as well as
to the United Nations Special Rapporteur on the Rights of Indigenous
Peoples, the Honorable Victoria Lucia Tauli-Corpuz for their reference
and guidance in the future.
I am confident and I trust the collective wisdom of the Senate to
address gaps and ensure protection and prevent further discrimination
of the almost invisible non-Moro indigenous peoples, particularly the
Dulangan Manobo, Teduray, and Lambangian Manobo as well as other
non-Moro

indigenous

peoples

within

the

proposed

territory

of

Bangsamoro.
I would like to end this presentation by quoting the second
paragraph of the preamble of the United Nations Declaration on the
Rights of Indigenous Peoples, Affirming that indigenous peoples are
equal to all other peoples, while recognizing the right of all peoples to

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be different, to consider themselves different, and to be respected as


such.
Thank you for your kind attention.
THE CHAIRMAN (SEN. MARCOS).
Mansayagan, and thank you for that.

Maraming salamat, Mr.

We will await the detailed

analysis that you have made about the Bangsamoro Basic Law and the
specific provisions and articles that you would like to amend.
Again, it is I think the common concern of all the IPs that your
traditions, your culture, your history, your rituals be maintained, and
the first step in doing that is to recognize that you are not Bangsamoro
people. That you are a distinct group separate from the Bangsamoro
people and should be, again, recognized as such.

The concern that

you havethis has been a very distinctive feature of all of the


arguments made by the IPs, and that is that the recognition of the
ancestral domain is absolutely important.

Not only because that is

your land, and that is what you have lived on for many, many years,
but also because you feel that it is your responsibility to take care of
that land; to take care of your environment; to take care of nature;
to be one with nature, and this is, again, a distinct feature. We did not
hear this in any other hearings, but in this with the IPs because the IPs
feel an innate responsibility for the land. And that you are custodians,

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you do not own the land, but you are custodians of that land and you
are only holding it for future generations. This is a noble and as just
been proven by recent past, a necessary view when we talk about the
lands that are put under our responsibility, and that is something that I
think the rest of us could learn from the IPs. And, hopefully, with the
full implementation of IPRA, maybe that lesson will be learned by those
of us who have been part of ravaging the environment and nature.
Thank you, Mr. Mansayaga.
We now move on to the organization of Teduray and Lambangian
Conference. We will ask Timuay Gumballa Gunsi.
MR. GUNSI. Gumballa Gunsi.
THE CHAIRMAN (SEN. MARCOS). I beg your pardon.
MR. GUNSI. Yes.
THE CHAIRMAN (SEN. MARCOS). Timuay Gumballa Gunsi.
MR. GUNSI. Yes.
THE CHAIRMAN (SEN. MARCOS). Thank you.
Please, go ahead.
MR. GUNSI. Yes.
The Honorable Senator, chairman of the Committee on Local
Government, friendsby the way, I want to greet Usec Joe Lorena, we
were together under the governance of Dr. Farouk Hussein for some

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time in the ARMMguests present, friends and my fellow members


from the Teduray group from the Bangsamoro core territory.
Before I go any further, may I be allowed to present to you the
group of 24 strong men and women coming from the five different
tribes, who are actual residents of the Bangsamoro territory?
Please stand up.
THE CHAIRMAN (SEN. MARCOS).

We welcome you to the

Senate and we thank you for your appearance here and your
participation in these hearings.
Thank you.
MR. GUNSI. My group, Honorable Senator, belongs to five
different tribes.

Of course, I am a Teduray, my name is Gumballa

Gunsi, vice president for external affairs of the organization of Teduray


and Lambangian Conference.

We have a representative from the

Dulangan Manobo; we also have a representative from the Tiboli; we


also have a representative from the Higaonon;
representative from the Lambangian;

we also have a

we have also a representative

from the Erumanen Manobo, and so that comprises the group now of
the indigenous, Bangsamoro indigenous people.
And I also want to manifest that we might be standing on
opposite sides, and so if there may be questions that may arise, we

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have members of the group who are just ready to respond and share
for some clarification.
THE CHAIRMAN (SEN. MARCOS). Yes, thank you.
Yes, please proceed.
MR. GUNSI. Okay. So, may I read now the position/mrjc

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MR. GUNSI.

So, may I read now the position of the

Bangsamoro indigenous peoples which is entitled Addendumor this


might not be an addendum but this is somehow a summary of all the
positions we have submitted to the Senate and to the Congress some
few weeks backto the Previously Submitted Positions of the
Organization of Teduray and Lambangian Conference.
We, the concerned members of the Bangsamoro Indigenous
Peoples, residing within the core territory of the Bangsamoro hereby
manifest the following: first, that we stand firm, we affirm and reaffirm
the original version provided in the draft Bangsamoro Basic Law on
indigenous

peoples

provision;

second,

that

the

House

of

Representatives version on IP provisions using the word non-Moro


indigenous peoples as introduced in the said House version is
divisive as to the general intent of the Bangsamoro for unity and
development; third, that the term Bangsamoro is inclusive and
provided a freedom of choice clause respecting other native inhabitants
and migrants; fourth, that we have agreed to use the term
Bangsamoro indigenous peoples to refer to non-Moro indigenous
peoples whether Islamized or non-Islamized or who have ascribed
themselves as indigenous peoples; fifth, that we call upon the wisdom
of our legislators, especially here now in Senate and in Congress, to
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retain the exclusive powers to the Bangsamoro on the recognition,


protection, promotion and development of the Bangsamoro indigenous
peoples to include the creation of policies in the recognition of their
rights to ancestral domain as guaranteed in the draft Bangsamoro
Basic Law; sixth, that we manifest to delete IPRA as provided in the
House version of the Ad Hoc Committee on the following grounds: (a)
that Republic Act 8371, otherwise known as the Indigenous Peoples
Rights Act, had not been and was never implemented in the ARMM
since it became a law in 1997. Thus, it failed to address the historical
clamor of the indigenous peoples to their ancestral domains; (b) that
the IPRA itself did not provide for a clear provision as to its
implementation in the Autonomous Region in Muslim Mindanao vis-vis the IP provisions under Republic Act 6734 as amended by Republic
Act 9054; (c) that the IPRA cannot be implemented in the Bangsamoro
as it will defeat the true essence of autonomy of the Bangsamoro; (d)
that IPRA cannot be implemented as it will run counter to some
provisions of the draft Bangsamoro Basic Law like the provisions on the
rights of indigenous peoples over natural resources; (e) that the IPRA,
while it is silent as to the shares of the indigenous peoples over natural
resources, the draft Bangsamoro Basic Law provides for an equitable
share; (f) that the implementing rules and regulations of the IPRA did
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not provide for an implementation in the ARMM, hence, nonimplementation.


Number seven of our manifestation is relating to redistricting.
That North Upi and South Upi, being the Fusaka Inged and ancestral
domains of the Teduray, Lambangian and Dulangan Manobo, be placed
under one political district of the Bangsamoro, particularly, under
District 3 of Maguindanao, due to the following grounds, to wit: that
North Upi and South Upi are geographically contiguous and the
inhabitants thereof, comprising mostly of Tedurays and Lambangians,
are sharing the same historical and cultural background; (b) that the
Teduray, Lambangian and Dulangan Manobo will have a fairer chance
of getting represented in parliament through a regular election.
With the above premise, we reiterate our call to affirm the
provisions in the draft Bangsamoro Basic Law consistent with the
Comprehensive Agreement on the Bangsamoro.
Honorable Chairman, that ends my manifestation.
THE CHAIRMAN (SEN. MARCOS). Thank you very much, Mr.
Gunsi.
As you had predicted, you had taken a contrary position to some
of the other presentations that were made here today.

But in the

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interest of openness and inclusivity, we, of course, will include your


opinions on the subject as you have laid them out very clearly.
I would just like to apologize to Mr. Garcia who has waited all
this time. But we have run out of time and we would just ask him
Tinatawag na kami kasi sa session hall at mayroon kaming boto na
kailangang sumama.
Ang gawin na lang natin, may I propose that you give us the
materials on your position paper and if you would like, I will make
myself available to you so that we can have a meeting and you can
give to me outside of the hearing, of our room all of the points that
you would have like to make during the hearing. Okay.
Thank you very much, ladies and gentlemen.
Thank you for your patience.
I know that you have been sitting and waiting for many hours
but I think that nevertheless, our hearing was very productive. I am
glad that you are patient and waited.

I am glad that we have been

able to hear from you. We have learned much.


Thank you.
We are suspended.
[THE HEARING WAS SUSPENDED AT 3:44 P.M.]
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