Академический Документы
Профессиональный Документы
Культура Документы
DATE
TIME
9:30 a.m.
VENUE
AGENDA
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
Datus, - do
Council of Royal Ladies, - do
Royal House of Patikul, - do
Royal Princess, - do
Bahjin
Datu Alihanapia Jainal Abirin Datu Hadji Shakiruddin
Ulom Bahjin
Mr. Edtami P. Mansayagan
- do
Crown Prince, - do
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
- do
O/S Honasan
- do
SENATE SECRETARIAT:
Ms. Assumption Ingrid B. Reyes Mr. Elpidio H. Calica, MNSA
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
6
Kiram-Hasan;
Atty.
Michael
Mastura
of
the
Sultanate
of
Engr.
Datu
Noldin
Oyod;
Chairwoman,
Womens
Archipelago,
Datu
Yldon
Kiram;
Putri
Bai
of
Maharadjah
The
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.
10
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
11
acknowledged earlier.
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).
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.
12
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).
The
MILF
claims
on
areas
or
territories
now
under
the
with Spain,
15
17
MS. KIRAM-HASAN.
and BBL.
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,
Bangsa-Suluk or the Tausug people who felt being treated second class
18
of
Sulu
neocolonialism:
underwent
three
periods
of
continuous
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
cultural
conflict
adhering
to
the
traditions
of
the
The identity
19
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:
20
21
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.
22
23
24
25
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).
the question, Usec Lorena, why did OPAPP not consult with any of the
sultanates?
And, of
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 is a
MNLF included in the panel sitting across from the OPAPP? Were there
27
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.
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
29
sultanates and who are still extremely important in any kind of political
change that we are trying to institute in the region.
MR. LORENA.
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,
In the
Am I
correct?
MR. LORENA. Yes.
THE CHAIRMAN (SEN. MARCOS).
the MILF.
THE CHAIRMAN (SEN. MARCOS). That is right. /cfd
30
And what
Did the
We have a sultanate
CHAIRMAN
(SEN.
MARCOS).
There
was
no
about the land, the culture, the history of the sultanates and they were
not included in the negotiation.
31
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.
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?
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.
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
That was a
partnership between the OIC, the government and the MNLF fronts at
that time.
SEN. ESCUDERO.
tolerating the fact that your principals are not here with the
understanding that you can answer for them. So, kindly answer the
question directly.
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,
SEN. ESCUDERO.
with
the
government,
we
have
conducted
several
listahan?
MR. LORENA.
fronts.
SEN. ESCUDERO. So, naimbitahan po ba iyong mga nandito?
MR. LORENA.
Bangsamoro Congress.
36
bilang
negosyador
na
iyong
kausap
natin
tunay
na
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.
Autonomous
Region
is
also
provided
by
the
Constitution
and
organized in order also to draft a law that will reflect the sentiments of
the entire Bangsamoro people, not just the MILF.
37
Biglang umamin
38
One
39
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-1
May 25, 2015
11:16 a.m.
1
MR. LORENA.
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.
Sa mahabang panahon
40
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-1
May 25, 2015
11:16 a.m.
2
CHAIRMAN(SEN.
MARCOS).
Thank
you,
Senator
Escudero.
Just as a point of information and to put more detail into the
discussion.
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
41
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-1
May 25, 2015
11:16 a.m.
3
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.
42
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-1
May 25, 2015
11:16 a.m.
4
MASTURA.
Right.
A-r-m-e-d,
non-state
actors
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.
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-1
May 25, 2015
11:16 a.m.
5
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.
legislation.
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-1
May 25, 2015
11:16 a.m.
6
It
And
45
In
And what
46
course.
government.
The
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.
hundred years, this would be the first time that the Bangsamoro, the
47
48
Congressman, we have
49
Ang batas
ng hindi kayang ipaglaban iyong interest nila. And at the end of the
day, whether it is MILF/cda
50
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
Bastat
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.
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
52
will be presented.
Yes.
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
53
We are
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.
56
MR. MAMA-O.
57
58
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
59
They
their
shall
transform
combatants
and
There is no political
into
civilian
life,
fully
armaments
with
the
60
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.
But we
the
creation
of
Autonomous
Region
in
Mindanao
in
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.
61
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.
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.
62
We urge the BBL to explicitly recognize and provide roles for the
royal
houses
of
Mindanao
and
Sulu
in
the
formulation
and
manifested
their
willingness
to
participate
and
63
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
64
MR. MAMA-O.
has the
people
65
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.
66
Why do you
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).
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
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
68
Atty.
MR. PELANDOC.
Tamang-tama po
Senators,
invited
guests,
My courtesies to the
leaders
and
elders,
We value
71
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.
72
heritage of sultanates.
And
with
your
permission,
if
we
may
read
therequest
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.
74
Sultanates,
as
we
know
are
very
influential
in
the
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
76
MR. LORENA.
On record,
CHAIRMAN
(SEN.
MARCOS).
Yes,
that
was
77
78
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-2
May 25, 2015
12:16 p.m.
1
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-2
May 25, 2015
12:16 p.m.
2
I think its clearer and clearer that the royal houses have not
been included in these discussions.
presented
to
the
Committee
to
represent
the
Maharadjah
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-2
May 25, 2015
12:16 p.m.
3
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-2
May 25, 2015
12:16 p.m.
4
I am Putri Bai
82
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-2
May 25, 2015
12:16 p.m.
5
But most of us
83
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-2
May 25, 2015
12:16 p.m.
6
cover
this
representation for
the
benefit
of
the
whole
84
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
conclusions.
MS. MINDALANO-ADAM. Opo, opo.
THE CHAIRMAN (SEN. MARCOS).
All right.
So that the
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.
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
88
CHAIRMAN
(SEN.
MARCOS).
You
make
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).
MS. MINDALANO-ADAM.
91
Yes po.
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
the
governments
efforts
on
peace
and
economic
Mandanaue Darussalam.
94
Mandanaue
Darussalam
is
fully
supporting
the
manifestation,
the
Sultanate
is
always
participating
From then
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.
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.
diminished
especially
the
core
lineage
of
the
Sultanates
of
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.
suffered the brutal face of war and we lost many loved ones. My late
father/hsg
97
MR. UMAL.
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
98
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.
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
99
100
The suggestions that you have made to the draft BBL are
Furthermore, on Article
VII, Section 5, you proposed that each of the royal houses be allocated
seats as sectoral representatives.
MR. UMAL.
101
What is your
So in your view, it is
Yes.
Very well.
Yeah.
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.
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
102
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.
Kayo ba ay
Wala.
So pare-pareho ang
Yes.
103
CHAIRMAN
(SEN.
MARCOS).
Doon
sa
naging
104
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.
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.
105
MR. UMAL.
Yes.
Yeah.
much, Hadji Datu Mustafa Tapal Umal, for presenting the position of
the Sultanate of Mandaue Darussalam.
MR. UMAL.
Thank you.
106
where our brother Muslims are not only very happy, but
Of course.
SEN. A. CAYETANO.
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.
Sabah issue was never included in the discussion on the CAB, FAB and
107
108
109
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.
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.
MILF and
Malaysian groups that have asked the founder of the MILF, Hashim
Salamat, not to agree with the Tripoli Agreement and to form the
MILF.
110
What is clear is, the Philippine claim has not yet been
which has already been filed by the Philippine government, has never
been abandoned.
SEN. A. CAYETANO.
My problem is this:
111
and the
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
112
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.
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
territory?
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
115
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.
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.
divisiveness.
Thank you, Mr. Chairman, for this opportunity.
THE CHAIRMAN (SEN. MARCOS). Usec Lorena, would you like
to say something?
116
MR. LORENA.
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.
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.
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
118
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-3
May 25, 2015
1:16 p.m.
1
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?
119
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-3
May 25, 2015
1:16 p.m.
2
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.
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).
Cayetano.
120
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-3
May 25, 2015
1:16 p.m.
3
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,
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.
121
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-3
May 25, 2015
1:16 p.m.
4
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
122
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-3
May 25, 2015
1:16 p.m.
5
themselves;
123
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-3
May 25, 2015
1:16 p.m.
6
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;
124
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.
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.
And even he
na-
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).
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.
129
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.
130
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
Americans. To make it mild, we did not use the word collaborate but
we did not agree with the Americans.
Americans.
131
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
from
Sulu
to
The encumbrances
needless
to
mention
as
to
other
claimants,
but
the
We were never
numerical in Sulu was not taken into consideration. Firstly, if you want
134
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.
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
135
MR. S. BAHJIN.
by such approach.
[Offmike]
MR. S. BAHJIN.
MR. LORENA.
[Offmike]
MR. S. BAHJIN.
Yes.
136
With
the
participation
of
Malaysia
whose
interest
is
137
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.
138
We are
139
struck by the fact that this is the first time that many of the opinions
have been properly and formally expressed.
Mr. Chairman.
Yes, Congressman.
140
MR. MASTURA.
because it is already two oclock and we havent yet talked to the IPs
who also have some very important issues/cmn
141
the
Muslims
in
Mindanao,
the
royalties including
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.
142
the
And ultimately,
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.
143
us
start
with
the
Teduray
indigenous
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.
144
146
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
this Honorable
Senate
Committee,
149
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND
CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-4
May 25, 2015
2:26 p.m.
1
MR. BANDARA.
delineation
the
utilization
of
resources
therein;
their
right
to
self-
150
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND
CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-4
May 25, 2015
2:26 p.m.
2
Philippines, national
international
Mabuhay!
THE CHAIRMAN (SEN. MARCOS). Thank you, Mr. Bandara.
151
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND
CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-4
May 25, 2015
2:26 p.m.
3
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.
Kung mai-
152
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND
CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-4
May 25, 2015
2:26 p.m.
4
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).
was that?
Usec Lorena, please.
MR. LORENA.
heard
so
far,
mukha
namang
maliwanag.
Wala
namang
153
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND
CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-4
May 25, 2015
2:26 p.m.
5
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.
from both panels that the powers and privileges for the indigenous
154
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND
CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-4
May 25, 2015
2:26 p.m.
6
155
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.
156
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
157
We
the
different
indigenous
peoples
organization
and
sectoral
with
the
National
Commission
of
Indigenous
Peoples,
158
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
159
160
161
These incidents
This is also to
163
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).
na Senador.
THE CHAIRMAN (SEN. MARCOS). Magandang hapon po.
MR. BABELON.
164
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
166
Nahati na.
Natapos na ang
167
MR. BABELON.
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.
nangyari.
Next.
168
pagkatapos ng harvest.
THE CHAIRMAN (SEN. MARCOS).
MR. BABELON.
169
170
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.
usapang pangkapayapaan kasi nakatulog kami ng tig-10 hours, tigeight hours dahil humupa iyong putukan ng MILF at AFP.
Maganda
172
Iyong kanina.
Hindi namin
Peace
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
174
175
Iyan ay position na
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,
na iyan ay
Yeah.
176
hihintayin namin ang inyong ibibigay sa amin na inyong-Nandiyan na? Nasa akin na?
Okay.
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]
staff,
lahat
ng
stakeholders
sa
Bangsamoro
Basic
Law,
177
We are present in
178
as
Bangsamoro.
Non-moro
indigenous
peoples
is
recognized in CAB.
The Bangsamoro Basic Law recognizes ancestral land, native
title, Fusaka Inged.
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
179
indigenous
peoples
identity
and
ancestral
domains
be
of the rights of
the indigenous peoples but not their basic rights such as but not
limited to identity,
Title or CADT
or should be
through the
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.
arguments that you and the other groups have been making.
181
182
Ten
183
CHAIRMAN
(SEN.
MARCOS).
We
can
make
the
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
184
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.
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
185
autonomous
religion
that
outlines
regime
of
peace,
186
To enhance the
Recognition of their
187
188
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND
CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-5
May 25, 2015
3:26 p.m.
1
MR. MANSAYAGAN.
identities as distinct people.
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.
Article XIII,
189
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND
CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-5
May 25, 2015
3:26 p.m.
2
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.
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
190
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND
CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-5
May 25, 2015
3:26 p.m.
3
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.
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,
191
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND
CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-5
May 25, 2015
3:26 p.m.
4
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
192
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND
CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-5
May 25, 2015
3:26 p.m.
5
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.
we also have a
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
193
COMMITTEE ON LOCAL
GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND
CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
M.R. CATADMAN
VI-5
May 25, 2015
3:26 p.m.
6
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
194
MR. GUNSI.
peoples
provision;
second,
that
the
House
of
But in the
197