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DATE
TIME
10:00 a.m.
VENUE
AGENDA
SENATORS:
HON. FERDINAND R. MARCOS JR.
HON. SONNY ANGARA
Chairman, Committee on
Local Government
Hon.
Hon.
Hon.
Hon.
Hon.
Hon.
Hussein Muoz
Talib Benito
Raissa Jajurie
Abdulla Camlian
Pedrito Eisma
Mujiv Hataman
Hussein Amin
Jas Que
Ma. Isabelle Climaco
Peter Miguel
O/S Marcos
- do
- do
- do
O/S Ejercito
- do
- do - do
- do
O/S Legarda
- do
O/S P. Cayetano
O/S Recto
- do
O/S Trillanes
O/S Osmea
O/S Binay
O/S Poe
SENATE SECRETARIAT:
Ms. Assumption Ingrid B. ReyesMs. Nida A. Mancol
Ms. Anna Leah C. Catimbang
Ms. Cleofe P. Caturla
Ms. Jeanne M. Baisa
Ms. Christine M. Nery
Ms. Cindell B. Gealan
Ms. Jo B. Cadaing
Ms. Maribel P. Mendoza
Ms. 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
ON
LOCAL
GOVERNMENT
JOINT
WITH
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
Mancol
I-1
June 3, 2015
10:38 a.m.
1
And we,
here in terms of the LGUs and the ARMM officials. Let me start by the
OPAPP is represented by Usec Jo Lorena; and the GPH Peace Panel is
represented by Usec Senen Bacani.
COMMITTEE
ON
LOCAL
GOVERNMENT
JOINT
WITH
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
Mancol
I-1
June 3, 2015
10:38 a.m.
2
From
the
Bangsamoro
Commissioner
Froilyn
Commissioner
Talib
Transition
Mendoza;
Benito,
Commission,
Commissioner
Commissioner
we
have
Hussein
Muoz;
Raissa
Jajurie,
COMMITTEE
ON
LOCAL
GOVERNMENT
JOINT
WITH
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
Mancol
I-1
June 3, 2015
10:38 a.m.
3
Assemblyman
Harold
Tomawis,
Assemblyman
Khadafeh
Ahmad
Ali
Ismael;
Assemblyman
Ronie
Hatian,
COMMITTEE
ON
LOCAL
GOVERNMENT
JOINT
WITH
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
Mancol
I-1
June 3, 2015
10:38 a.m.
4
on
Local
Basic
Government,
Law,
had
not
conducting
hearings
conducted
any
on
hearings
the
in
there have been constant calls from the very beginning of the hearing
process from our retired military officers who have experienced in the
area and whose experience is going to be invaluable in laying the
groundwork for what we are trying to do here today.
COMMITTEE
ON
LOCAL
GOVERNMENT
JOINT
WITH
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
Mancol
I-1
June 3, 2015
10:38 a.m.
5
MR. HATAMAN.
noong akoy nasa Kongreso pa, iyong mga resulta noong proceedings
noong ipinasa ang Republic Act 9054. Noong panahon ng ConCon pa,
noong nagsalita si Senator Domocao Alonto kung ano iyong purpose ng
Autonomous
Region
for
Muslim
Mindanao
as
provided
in
our
at,
kapayapaan.
pangalawa,
kung
paano
magkaroon
ng
ganap
na
Pero
10
ang World Bank, hindi lang sa ARMM, kung hindi halos sa buong
mundo, malinaw ang resulta ng kanilang pag-aaral. Sa lahat ng bansa
at komunidad na kung saan mayroong kaguluhan, talagang hindi
umuunlad ang bansa. Bibigyan ko ho kayo ng halimbawa dito. Noong
nagkaroon ng agreement ang MILF at ng GPH, nagsimula kami na
mamuno sa ARMM, negative point three (-.3) percent ang GDP ng
ARMM. Noong walang putukan mula 2011, 2012, nag-assume po ako
2013, hanggang 2014, pumalo ng 3.6 percent ang GDP ng ARMM dahil
lumago ang investment. Mula sa walang investor na pumasok, noong
2012 may pumasok na 500 million, noong 2013 may pumasok na 1.5
billion hanggang sa umabot kami ng six billion ngayon dahil nabalik
ang tiwala ng investment dahil wala na po ang conflict.
Another point, nakita rin namin dito, mula noong umupo ang
Pangulong Aquino, kinumpara namin ang investment ng gobyerno
mula noon at kung kailan kami nagsimula after 25 years--anyway, isasubmit namin iyong data, Mr. Chairman, para makatulong sa pag-aaral
ng Komite--malayo ang pinagkaiba. Kung noon-noon ho, halimbawa,
ang public investment natin sa daanan ay binuhos natin sa mga
regravelling, ang masasabi ho namin sa loob ng tatlong taon,
11
nakasemento ang ARMM ng, more or less, 200 kilometers na hindi iyan
nagawa ng 22 years of ARMM.
At pangatlo, Mr. Chairman, nakita rin namin ang ilang problema.
Gusto kong tingnan at diinan iyong larangan ng edukasyon dahil
related ito sa issue ng awtonomiya. Oho, mayroong Republic Act 9054
at sinasabi ang mga ahensiya na ito ay devolved na sa ARMM. Pero
lahat ng ahensiya na ito, maliban sa DPWH, noong kami ay umupo,
lahat ng mga ahensiya na ito ay walang program fund. Tila ba binigay
natin ang ahensiya sa ARMM. Nandito iyong mga tao ninyo pero, sa
totoo lang, wala halos magagawa at ginagawa ang tao dahil lahat ng
programa ay hawak pa ng mga national line agency.
At ito ang
higit na mabuti kung itutuloy natin ang BBL at ganoon ang kalakaran.
Ang
Bangsamoro
Parliament
ang
pangangailangan ng mamamayan.
magde-determine
batay
sa
Dahil tayo,
12
dahil ang magsasabi kung magkano at ilan at para saan ang budget
namin, hindi po ang Regional Legislative Assembly at hindi rin po ang
regional government. Sa totoo lang, kung ako ang pasasabihin ninyo,
mas more autonomous ang ating local government units kaysa sa
current structure ng ARMM.
Halimbawa, sa
13
May
14
po sila masisisi.
program funds, ano ang gagawin mo. Para kang isang sasakyan, may
driver ka, may pasahero pero wala kang gasolina.
So I hope itong situation, inuulit ko, Mr. Chair, ito ang dahilan,
ang tingin ko, na kung mayroon man tayong ipapasang batas, dahil
alam natin na hindi tugon ang Republic Act 9054 sa kasalukuyang
problema at social structure sa ARMM, hindi dapat mas mababa sa
ARMM ang ipapasa nating batas, dapat mas mataas.
Maraming-maraming salamat po.
THE CHAIRMAN (SEN. MARCOS). Thank you, Governor.
Gov, iyong sa first part ng inyong mga sinabi, ang sinabi ninyo
maayos naman ang takbo ng ARMM at napaganda mo na mula noong
ikaw ang naging governor at nakikita namin ito. Pero kung maaalala
ninyo/alicc
15
experiment?
MR. HATAMAN. Masama.
THE CHAIRMAN (SEN. MARCOS). Lahat ng inyong sinabi na
failure of the line agencies na gawin nila ang trabaho nila na magprovide ng pondo na i-implement iyong mga project.
Anong kaibahan ng magiging BBL, kung ilalagay natin iyong BBL
dahil ang line agencies ang may problema?
ayusin natin?
Dito
16
was
carried
out
completely,
at
least,
at
the
local
Bakit
17
(define) natin kung ano iyong mga agencies ng national na dapat idevolve sa ARMM. Kumbaga hindi na national line agencies ang
gagawa, kung hindi iyong autonomous region na ho.
Halimbawa ho, public works.
(devolve) natin sa ARMM, pinondohan natin ang ARMM so, lahat nung
daanan diyan ho na malalaki ay ginagawa na ng ARMM at hindi nung
national government at hindi rin nung provincial government.
THE CHAIRMAN (SEN. MARCOS).
kailangang i-devolve?
MR. HATAMAN. Your Honor, bago ho ako umupo, ikwento ko
lang. Bago ako umupo, lahat nung national highways pag ginagawa ay
pinaghahatian ng ARMM at ng national government. Noong umupo ho
ako, pinag-usapan namin ni Secretary Singson, lahat nung national
highways sa kanila.
18
mayroong joint efforts ang DPWH central office pati iyong regional
DPWH.
Pero
nandito iyong mga LGU, malalaman din ho natin kung gagamitin natin
iyong 20 percent nila ang para doon sa pag-aayos ng road sa buong
barangay ho.
masemento ang mga barangay roads kung 20 percent lang ang paguusapan.
Parang ang point ko ho, Mr. Chairman, ganito.
Ang denivolb
Kagaya ng iyong
19
ganito
Department of Agriculture.
lang,
Mr.
Chairman,
PCA
under
halimbawa,
iyong
tanimirrigation,
tulad
ngayon,
government.
THE CHAIRMAN (SEN. MARCOS).
devolve kahit saan.
Kahit pag-usapan
20
sabihin natin i-devolve natin ang public works, ibig mong sabihin ang
iyong suggestion na mas magandang gawin ay pati iyong mga national
highways sa loob ng Bangsamoro ay i-devolve sa Bangsamoro
government? So, ang Bangsamoro government na ang mamamahala
sa national highways sa pagpatayo ng eskuwelaha, pagpatayo ng
airport, pagpatayo ng puwerto, pagpatayo ng hospital ay ide-devolve
na natin lahat iyan. Iyong implementing lang, ang public works ang
sinasabi ko.
21
autonomous region.
THE CHAIRMAN (SEN. MARCOS).
works
iyong
mga
paglagay
ng
mga
imprastraktura
sa
22
na-devolve na nga dahil, iyon na nga, iyong pondo ang problema hindi
iyong function, na-devolve na, kasi, kagaya ng sinabi mo, iyan na ang
ginagawa sa ARMM. Ang problema ay hindi binababa ang pondo. So
ang problema hindi sa pag-devolve kung hindi sa pagbaba ng pondo.
Ibig sabihin, ang kakulangan sa sistema ay doon sa line agencies, hindi
sa pag-devolve.
MR. HATAMAN. Actually, Mr. Chairman, hindi lang sa agencies.
Ganito ho, sa batas sinabi i-devolve, sa Republic 9054. Pero iyong
devolution process, hindi nangyari.
Pero bakit ho ako humantong dito? Ang pinaka-essential naman
sa lahat ng programa kung bakit nagka-delay, kasi nakalaan sa
national line agencies, ito iyong esensya noong block grant.
Ibig
Parliament
depending
on
the
needs
sa
different
konsepto ng autonomous.
23
Mayroon kayong DOTC. Pero sa totoo lang ho, ang ibinigay lang sa
amin sa DOTC is tao pati MOOE.
Okay.
24
25
As
26
As a regional
1989,
we
have
seen
how
the
ARMM,
despite
its
27
its creation which, in the words of the surviving framers of the 1987
Philippine Constitution, is all about human development.
We see the Bangsamoro Basic Law as one precious opportunity
to correct the structural as well as human flaws that have attended the
evolution of the autonomous regional government. The aspirations of
the Moros are comprehensively and well-articulated in its pages. This is
the best remedy to the present inequities that the ARMM has suffered
from, Mr. Chairman. If ARMM is dubbed as a failed experiment, then
as a matter of conscience and logic dictates that we must not replicate
the same mistakes again this time with the BBL.
We, therefore, humbly urge the Honorable Members of the
Senate of the Philippines under the leadership of Honorable Senator
Ferdinand Marcos to enhance it further, the version of this House, as
far as the review on the Bangsamoro Basic Law is concerned. This is,
Mr. Chairman, a lifetime opportunity to finally address the legitimate
grievances of our people and to create an atmosphere of peace and
progress for this age and for generations who have yet to arrive.
Again, we would like to express our gratitude to this Honorable
Committee chaired by Senator Marcos for extending to us the
invitation.
Peace be upon us all.
28
Adiong.
I would like to acknowledge the arrival of Senator JV Ejercito to
join us in this hearing.
Assemblyman Adiong, as you said, there are failings in theyou
admit that the ARMM is a failed experiment, and on that basis, we
should improve the system and you feel that BBL has an opportunity to
do that. Do you have any specific proposals that should be included in
BBL so we do, as you say, not repeat the same mistakes that we had
made in the creation and in the implementation of the ARMM Organic
Law and its amendment 9054?
MR. ADIONG. Mr. Chairman, first of all, Id like to clarify that it
is not really the Regional Legislative Assembly who came up with the
phrase failed experiment. This is something that ...
THE CHAIRMAN (SEN. MARCOS).
No.
premise why we are having this review on the Bangsamoro Basic Law,
29
its because of the perception that many has that the ARMM is not
failing.
And therefore, Mr. Chairman, this is an opportunity for us to
rectify the mistakes that were committed in the past, especially those
flaws that I mentioned in the Organic Act, which is
THE CHAIRMAN (SEN. MARCOS). That is why, Assemblyman,
what are the specific areas that you feel need the improvement?
MR. ADIONG.
Legislative... /jmb
30
MR. ADIONG.
that would seem to be a failure of the line agencies and not the system
under which ARMM operates. If the line agencies and the officers that
are in those line agencies could perform their functions more
efficiently, then the problems that you quote and that the governor has
also mentioned would be solved. The solution does not lie in changing
the system as far as I can tell.
31
No.
said the limiting factor was that you are not allowed to pass laws that
are in conflict with national policy. So if that is the limiting factor, then
32
it would seem to imply that you would like to pass ordinances and laws
that are contrary to national policy.
MR. ADIONG.
reconciliation.
must be followed.
There is no negotiation.
There is no
National policy
There is no discussion.
The laws of the land must be followed. And if anything is passed and
any inferior legislature, like the sanggunian, that is in conflict with any
laws of the land, then the laws of the land must be supreme.
So Im not sure what it is you would like to do that this concept
or this principle is not allowing you to do.
MR. ADIONG.
33
Under the economic provision of the Republic Act 1954 where the
assembly is mandated to provide franchise to all those companies
entering the ARMM and try to explore the natural resources. But those
fees, Mr. Chairman, only pertain to charges as far as operation is
concerned. The revenues Mr. Chairman, we are not allowed to impose
levy taxes as far as the major revenue collection is concerned and that
is already in the hands of the Congress.
Chairman, we are tied up, our hands are tied up to really exhaust all
the possible means to boost the potential of ARMM as far as its
economic survival is concerned.
THE CHAIRMAN (SEN. MARCOS).
here
is
essentially
revenue
enhancement
for
the
autonomous
government, is thatthose you feel that you are limited in the options
that are available to you for revenue enhancement.
MR. ADIONG.
So it boils down to
revenue enhancement that you would like to impose for taxes, you
would like to impose for fees, but that is not in consonance with the
national policy and the practice of regular LGUs.
MR. ADIONG.
34
example.
What law would you have liked to pass that you were not allowed
to do?
MR. ADIONG.
to pass the Tax Revenue Code that we amended during the previous
assembly. But there are problems because it would be another issue
on double taxation.
That is correct, Mr. Chairman. The taxes that were supposed to
be getting from these companies are already given to the national
government and we are only limited to operational charges. And that
is one of the issuesthe scenario that happens, Mr. Chair, we cannot
35
impose taxes. These taxes, Mr. Chairman, that we were saying, part
of our revenue collection.
THE CHAIRMAN (SEN. MARCOS).
Hindi naman
Yeah.
I beg to differ.
36
LGUs have many mandated offices and secondly, when you talk
about devolution, you ask any governor here about the load in their PS
of the civil servants in the healthcare sector kung gaano kabigat ang
napunta sa kanila but they have to live with it. They have had to live
with it.
What you are describing is the same situation that every other
local government has to operate under. Again, why should there be a
difference?
MR. ADIONG.
other LGU?
MR. ADIONG.
37
There is a
38
Chair
THE CHAIRMAN (SEN. MARCOS).
funding. Kung kulang ang IRA share, ang ginagawa nila pinapaganda
nila ang koleksyon nila sa real property tax.
Gumagawa sila ng
39
MR. ADIONG.
That is a
follow. All of the LGUs have to follow or else they will not be supported
by national government.
40
That is
perfectly natural, and that is what all local executives have to do. But
again, the IRA, for example, of the local government units within the
ARMM are still given to them.
Now, in other regions, for example, there is no regional
government that has a budget of 24.3 billion in this year. All we have
in the LGUs is what we get from the IRA, from what we get from local
collections, and what we make on economic enterprises.
dagdag.
Walang
And
41
MR. HATAMAN.
42
hope that may skeleton crew man lang na naiwan doon sa probinsya
ninyo. [Laughter]
Okay. To the mayors, welcome to the Senate.
Maraming salamat sa inyong pagdalaw.
43
hope of our people for the fulfillment of lasting peace not only for
Mindanao, but for the entire country as a whole.
44
We
stand firmly for peace that has always been elusive for the people in
Mindanao, and that a status quo characterized by conflict is not
acceptable/cbg
45
MR. PANDI.
is not acceptable.
These
46
was able to accomplish a lot even if peace was still under negotiations.
Areas that were previously inaccessible were reached by government
services and significant development is beginning to be felt in remote
areas.
The Bangsamoro government can do a lot more.
We believe
47
[Applause]
Ladies and gentlemen, no applause please. We are not making
speeches. They are testifying before the Committee.
Mayor Pandi, what essentially youre saying is that war is no
good and peace is good. I think only the devil would contradict you on
that.
So we are in agreement.
But just one question. So in your viewit is your position that
the BBL, the draft BBL as transmitted to Congress is the version that
we should pass, no changes.
MR. PANDI. Mr. Chairman, we leave that to the discretion of
the Senate.
region.
THE CHAIRMAN (SEN. MARCOS).
have, as far as the province of Lanao Del Sur, we have submitted our
position paper.
48
[Power Interruption]
THE CHAIRMAN (SEN. MARCOS).
About the?
employees, Mayor?
MR. PANDI. Since they are going to be abolished and they are
also our constituents, we believe that there is a need to provide some
provisions on where should they go. And in fact, we suggested that
to make it more appealing to themwe should provide a good
separation package for them so that they can opt to retire if they want.
THE CHAIRMAN (SEN. MARCOS).
49
that any of the civil servants that will not be absorbed by the new
Bangsamoro government and the bureaucracy will just be given early
retirement.
MR. PANDI. Yes, Mr. Chairman.
THE CHAIRMAN (SEN. MARCOS).
PANDI.
We
just
presented
that
issues
for
some
50
Okay.
Upon further
You
want us to pass a different version. And that you have raised these
points and that you wish that the Senate and the Committee will
examine those points and make the appropriate amendments to the
draft BBL.
MR. PANDI. Yes, Mr. Chairman.
THE CHAIRMAN (SEN. MARCOS).
Mayor Pandi. We will revisit your position paper and go into the details
of your proposals.
Next to give us a position, from the province of Basilan,
Governor Jum Akbar.
Maam, if you would care to present the position of the province
of Basilan?
MS. AKBAR. Salamat po.
Sa Basilan po ang position namin, kami ay para sa kapayapaan
at kung kayat sumusuporta kami sa panukala ng ating mahal na
Pangulo na tuwid na daan. Matagal na pong suliranin ang kapayapaan
sa Mindanao lalo na sa probinsiya ng Basilan at kami ay naniniwala na
51
52
Okay.
So beyond that,
53
during wartime the development of the economy was very poor. When
the fighting stopped, the development of the economy was very good.
I think that the whole reason why we are undergoing the peace
process is because we understand that.
ideas, not that you are for peace. We are all for peace. As I said, only
the devil will contradict you saying that we want peace. I do not feel
that there are any devils here today.
So could we hear more specific proposals vis--vis concerning
the BBL so that it is made more effective at achieving that peace,
being part of the peace process? But if there are no specific proposals,
I can only infer that you feel that the draft BBL, as written, is what we
should pass and we should not make any changes.
MR. CAMLIAN. Yes,
Commission is very clear because you wrote the BBL. I wish you were
in our hearing yesterday because we had many questions on the
54
specifics.
invitation. But never mind, at least you are here today and we can
take that up now.
Gobernadora, are there any specifics that you would like for the
Committee to hear about on how to improve the BBL?
Or is it your
view that the BBL, as it is written, does not need any improvement?
MS. AKBAR.
kanina, mga pulis at saka COA, Comelec, Civil Service. Iyon po.
THE CHAIRMAN (SEN. MARCOS).
bodies.
MS. AKBAR. Yes po.
55
So mayroon kayong
56
57
doubt, the
answer
of Isabela City
is
No to Bangsamoro.
Second, majority of the Isabeleos viewed their right to selfdetermination as a cardinal principle that should be observed and
respected at all times. As a people, they have the right to decide on
what their future should be. They have the right to be consulted first
even before the name Isabela City should have been included in the
list of the core territory of the Bangsamoro Government in the
58
59
COMMITTEE
ON
LOCAL
GOVERNMENT
JOINT
WITH
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
Mancol
I-2
June 3, 2015
11:58 a.m.
1
MR. GENERAL.
less than the Constitution in the sense that while other contiguous local
government units are given the right to join in by resolution or petition
of 10 percent of the registered voters thereof, the Isabeleos are not
so given but are instead listed to be part of the Bangsamoro
government by providing for its inclusion in the core territory.
Fourth, the leading exponents of the Bangsamoro Basic Law are
saying that the Bangsamoro is the replacement of the ARMM. It bears
stressing at the present juncture that Isabela City had in the past
voted against its inclusion in the Autonomous Region in Muslim
Mindanao, not once but twice.
Fifth, the last sentence of Section 7, Article VI of the proposed
Bangsamoro Basic Law provides, and I quote, The privileges already
enjoyed by the local government units, under existing laws, shall not
be diminished unless otherwise altered, modified or reformed for good
governance, in accordance with the law to be enacted by the
Bangsamoro Parliament.
What, if any, is the guarantee that this provision will not be used
by the entity to make unjust and capricious alterations, modifications
or reformations of the said privileges under the pretext of good
governance.
60
COMMITTEE
ON
LOCAL
GOVERNMENT
JOINT
WITH
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
Mancol
I-2
June 3, 2015
11:58 a.m.
2
Sixth, the Isabeleos admire the noble intention proffered for the
making of the Bangsamoro Basic Law which is to end the decades-long
conflict in the Southern Philippines. But is there a guarantee that once
the Bangsamoro government is established, the atrocities wreaked by
other adventurous groups in this part of the country will cease?
We
know for a fact that there are other lawless groups capable of posing
threats to the peace and order in any barangay, municipality or city.
Seventh, from a reading of the draft of the Bangsamoro Basic
Law, it can be readily observed that an opt-in provision is provided for
local government units that are interested to be included in the
Bangsamoro government. But there is no opt-out provision for those
who are already included in the Bangsamoro government but who, for
some valid reasons, would want to get out of the said entity.
The
The
61
COMMITTEE
ON
LOCAL
GOVERNMENT
JOINT
WITH
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
Mancol
I-2
June 3, 2015
11:58 a.m.
3
Basic Law in which is included our beloved Isabela City as part of the
Bangsamoros core territory.
But the true Isebeleo spirit will succeed come the plebiscite
day. All we ask from the government is to conduct a free, honest and
peaceful plebiscite where the voice of the Isabeleos will be heard and
respected so that we will not and never again be subjected to a similar
circumstance in the future.
Isabela City supports the peace initiatives of His Excellency,
Benigno Simeon Aquino III, but majority of its people believes that the
passage of the Bangsamoro Basic Law is not the only and the most
effective way to achieving peace in Mindanao.
The Isabeleos have already spoken.
stance when they voted for the second time no in the ARMM
plebiscite in 2001. The Isabeleos are one people with one stance and
one voice.
government.
THE CHAIRMAN (SEN. MARCOS). Thank you, Atty. General.
That is clear enough.
Isabela City as one of the areas where plebiscite will be conducted but
nevertheless, you feel that you will campaign to make your true
62
COMMITTEE
ON
LOCAL
GOVERNMENT
JOINT
WITH
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
Mancol
I-2
June 3, 2015
11:58 a.m.
4
feelings known should the plebiscite come about. However, you also
bring up some concerns as to the opt-in, the opt-in provision that
has become quite a contentious and controversial part of the
Bangsamoro Basic Law as it has been presented to us.
So, thank you for that, Atty. General.
Now, we would like to go to the province of Sulu. And we would
like to ask the governor, Governor Abdusakur Tan II, to give the
position of Sulu Province concerning the Bangsamoro Basic Law.
MR. TAN II.
Chairman.
Katulad po nung sinabi kanina ng mga naunang nagsalita sa
amin, maayos naman po ang pamunuan ng ARMM. Mayroon lamang
kaunting problema doon sa mga line agencies na hindi na-devolve o
hindi naayos. Sa aking opinion po, kung i-improve na lang natin iyong
existing na ARMM kaysa gumawa pa tayo ng bagong batas, at iyong
mga pondo na sinasabi na ilalagay dito sa BBL ay ibigay na doon sa
pamunuan ng ARMM, dito sa aming mahal na gobernador, si Governor
Mujiv Hataman. Well, according to him, record shows that iyong mga
proyekto sa kanyang termino ay mas dumami at mas na-implement
nang maayos. So, doon sa mga statements na narinig ko bago po ako
nabigyan ng pagkakataon na magsalita, ay wala akong marinig na
63
COMMITTEE
ON
LOCAL
GOVERNMENT
JOINT
WITH
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
Mancol
I-2
June 3, 2015
11:58 a.m.
5
kanyang
effort
na
mabigyan
ng
tunay
at
pangmatagalang
Kami ay namumuno sa
Kami ay gobernador na
So, kung
64
COMMITTEE
ON
LOCAL
GOVERNMENT
JOINT
WITH
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
Mancol
I-2
June 3, 2015
11:58 a.m.
6
konting oras para masabi ang mga probisyon na iyon at siya na rin ang
sasagot ng mga katanungan ng ating mahal na chairman.
THE CHAIRMAN (SEN. MARCOS). Very well. Since you have
designated your vice governor to answer the questions.
Vice Gov, ikaw yata ang on the hot seat.
MR. TAN II. Mr. Chairman, babasahin po muna niya iyong ano.
THE CHAIRMAN (SEN. MARCOS). Kayo ang nilagay ng inyong
gobernador sa hot seat so kayo na, Vice, ang susunod na. . . (nam)
65
ang susunod na
At maraming
66
NCMF,
Mehol
Sadain,
Commissioner
Baddiri,
Congressman
Tammang. So, they all came on the 28th of December. And I dont
remember the national offices have initiated consultations with the
Tausugs. These are the Tausugs. The Tausugs, I would think that we
are the biggest Muslim population in the entire country because the
Tausugs are in Sulu.
been sidelined.
We
feel
that
the
elected
officials
are
more
representative than those who are not or those who only claim to be
67
who are always engaged with the people. But we do not get that much
consultation. In fact, we have told people in the panel that we do not
want only consultation.
I have been
in Sulu since birth. That was 65 years ago. But up to now Im still
studying the culture of our people.
But even then, we are still very, very grateful to His Excellency
President Aquino for his desire to bring real peace to the Muslims in
the Philippines. We are very, very grateful for that. We support the
BBL. But there are certain provisions that we would like to be deleted.
Because even if we pass this, we feelaccording to our lawyers, this
might be stricken down by the Supreme Court. There are people who
may go up to the Supreme Court to question the constitutionality of so
many provisions of the BBL such as the constitutional bodies; the
constitutional bodies which powers and functions can only be given by
the Constitution. So we cannot alter this. Other than this, of course,
the constitutional bodies, we have a national police commission; police,
national in character.
68
And, of
69
in the past, when you are called a Moro, they refer to you as a pirate.
Pakukuha kita sa Moro. Pa-hold-up kita sa Moro. Moro-moro na.
And then now parang gusto na nating lahat Moro.
This is a term
70
MR. TAN.
Muslims or, if not, call us Tausugs. We are the Tausugs, Your Honor.
So, iyan ang mga ano namin. Other than this, ang hinihingi namin ay
sana may katapusan ito kasi we already negotiated with the MNLF.
After the MNLF, a breakaway group, the MILF came up, we are again
negotiating.
Are we
commented, and I said, Why do you speak about taxation when you
have nobody to tax, why dont we first create an environment that
would invite investors, create industries, create people, billionaires and
millionaires so that you have people to tax.
71
regular funds that ARMM is getting. So, tingin naman namin, it is the
national government that can help us.
na
baka
hindi
kayo
properly
represented
pagdating
ng
Bangsamoro government.
Pangalawa, na may mga probisyon na sinasabi na iyong mga
karapatan at privilege ng ating mga local government units na
idinudulot sa ating local government units ng RA 7160, Local
Government Code ay baka mawala dahil nga sa probisyon na
puwedeng palitan ng Bangsamoro Parliament. That is something that
72
Ito ay isang
73
judge;
in
the
legislative
department,
as
three-termer
congressman representing the 1st District of Sulu; and now back in the
executive department in my last term as mayor.
In all these
74
be the source of conflict in the future if the same will have provisions
that will frustrate and add confusion in the implementation of the law.
And for this reason, we need to clarify certain provisions, delete
if necessary so that the BBL as an organic law of the Bangsamoro
Region will undoubtedly be a document that is workable, realistic and
above all, consistent with the Philippine Constitution.
It is in this context, in addition to the points already raised and
articulated
by
recommendations,
other
resource
persons,
propose
some
matters.
Number one, on the Bangsamoro Justice Systems.
Article X,
75
any more debate as to the jurisdiction of the Sharia and the power of
the Supreme Court over such courts, including their personnel.
Also, I would like to recommend to revisit Presidential Decree
1083 or the Decree to ordain and promulgate a code recognizing the
system of the Filipino Muslim laws codifying Muslim personal laws and
providing for its administration and for other purposes.
This law, Mr. Chairman, is one of the legacies of your father and
namesake, the late President Ferdinand Edralin Marcos, a legacy that
we Muslims are grateful.
I had the privilege of working with the Code Commission at the
time as a young lawyer and researcher under my then boss, Atty.
Michael Mastura, one of the MILF panel, and chaired by Dean Mahul of
UP. In this law, Mr. Chairman, the Sharia system is first instituted and
enshrined. It may be good to look at this law and, if necessary, amend
76
if
you could
give
the
Committee
the
specific
recommendations and, again, the arguments that you made, the very
important arguments that you made are already on record.
MR. AMIN. Yes. Mr. Chairman, I did not discuss on the judicial
system when you had a consultation with us in Jolo. Because I believe
77
some of us did not study well about the judicial system because, you
know
THE CHAIRMAN (SEN. MARCOS). Ang problema lang, Mayor,
is that at the rate we are going, the others will not be able to speak
because it is already 12:30, at kahit papaano kailangan itigil ang
hearing ng alas tres dahil magse-session na kami.
So para naman
78
basic law when, in fact, our LGUs have responsibilities mandated under
the Local Government Code and other existing laws.
So I find the
therefore,
to
delete
the
phrase
unless
79
And
That is a
80
81
specific proposal is that we give the BTA until 2019 to reorganize the
bureaucracy and prepare the Bangsamoro for regular elections.
One more comment that you have on the BTA that with the
specific mention of the MILF to lead the BTA, it may be considered
class legislation. You, therefore, proposed to delete that provision and
simply make it an agreement between the government panel, the MILF
that the BTA will be MILF-led.
And the final point that you made has to do with taxation. That
it is a point of law that if the ARMM is to be abolished, then the BBL
cannot make reference to the old laws relating to or pertaining to the
ARMM. So you proposed to delete that provision that make reference
to laws that the BBL is in fact intending to abolish.
So that is the summary of the position paper.
Thank you very much, Mayor Amin.
We now move to our next resource person.
From the province of Tawi-Tawi, we call on Governor Nurbert
Sahali to give the province of Tawi-Tawis position.
MR. SAHALI.
like to acknowledge for the record the arrival of Senator Sonny Angara.
82
Thank you.
only sensible, viable and responsible option when trying to find the
best solution to the age-old Bangsamoro problem.
Now, let me reiterate that I strongly support the peace process
and that I am for a BBL that the Philippine Congress will pass, such a
83
employment
extensive
support
and
for
livelihood
increased
opportunities
productivity
in
for
our
people;
agriculture
and
84
government
units,
and
which
the
Constitution
and
Local
85
are doing and undergoing today will be our legacy to the future
generations of Mindanao, and we all want a better and brighter future
for our land of promise.
Let me end by extending our sincerest gratitude to our dear
President, our congressmen and congresswomen, our senators in
upholding our welfare, the Bangsamoro People, for the strong
determination in bringing lasting peace in our land. That may this BBL
mirror the sentiments, aspirations, ambitions and identity of the
Bangsamoro people.
Thank you very much.
THE CHAIRMAN (SEN. MARCOS).
86
87
NGOs
consultations.
and
INGOs
in
our
province
na
nag-conduct
ng
Sinasabi
mo iyong
88
Oo.
There is a joint
position paper that was given to the Committee, but that was not in a
hearing. I think it was in a meeting outside of the hearing process.
So, anyway, we will include that position that you have given us
in the discussions of the BBL that will follow.
MR. MANGUDADATU. Yes. Thank you very much.
THE CHAIRMAN (SEN. MARCOS). Thank you, Governor.
MR. TAN. Mr. Chairman.
THE CHAIRMAN (SEN. MARCOS). Yes, Vice Governor Tan.
MR. TAN.
position paper.
improved.
position paper that was already a joint position paper of the five
governors.
THE CHAIRMAN (SEN. MARCOS). Thank you very much, Vice
Governor. The Committee Secretary will collect that from you.
MR. TAN. Thank you, Mr. Chairman.
THE CHAIRMAN (SEN. MARCOS). Now, from Lanao del Sur,
we have to speak the position of the Province of Lanao del Sur,
Governor Mamintal Adiong.
89
MR. HATAMAN.
They have
90
area that is one of our premises; and then, second, I would like to
point out that Wao is an awardee of Galing Pook in 2010 for its two
environmental
programs
and
recipient
of
the
Seal
of
Good
Housekeeping in 2011, 2012, and 2013. I would like to point out that
this is a document proving that ARMM is not a failure but a success in
our case, especially for Wao.
administration.
If
91
3(a) of the Senate Bill 2408 or House Bill No. 4994 as stated, For the
present geographic area of the ARMM: if the majority of the registered
voters in each province, we will include the municipality and then
city vote in favor of the Bangsamoro Basic Law, the respective
provinces,
municipalities
and
cities
shall
be
included
in
the
Bangsamoro.
We find the manner of the plebiscite in the ARMM oppressive.
Why? The plebiscite results in Wao in 1989 and 2001 were based on
the majority votes within the Province of Lanao del Sur, defeating our
No to be excluded in the ARMM.
If Article XV, Sections 3(b) and 3(c), as what had been
mentioned by the earlier speaker, it is unfair. Is it not fair and lawful
92
also to give freedom to municipalities like Wao and even barangays the
chance to be excluded from the proposed Bangsamoro entity wherein
for inclusion for Bangsamoro entity we considered municipalities and
barangays?
genuine heartthrob of the people especially for Wao, then let our
prayers be heard.
We rest our case in your hands and await the most just and
humane result of our prayer and appeal by the grace of the Almighty.
For the majority people of Wao, Im speaking in behalf of our
Municipal Mayor, Elvino B. Balicao, Jr.
THE CHAIRMAN (SEN. MARCOS).
93
whatever failings that the ARMM has, that we remedy those failings.
But failing that, you would prefer not to be included in the proposed
Bangsamoro territory.
MR. BELOTENDOS. Yes.
THE CHAIRMAN (SEN. MARCOS). Thank you for that. Well
move now to the LGUs outside of ARMM.
MR. HATAMAN. Mr. Chair, before the LGUs
THE CHAIRMAN (SEN. MARCOS).
MR. HATAMAN.
Yes, Governor.
Wao. His recommendation, I do respect it, that the best way to attack
this problem is just to enhance ARMM. But I would like to state it for
the record, by our personal experience, Your Honor, that the best way
to address the failure of ARMM is to pass the Bangsamoro Basic Law.
THE CHAIRMAN (SEN. MARCOS).
del
Norte.
Governor
Roberto
Uy
will
give
us
the
94
Dito
nakalagay present. Never mind, we will keep moving down the list.
Now, we move on to Zamboanga del Sur and we call on
Governor Tony Cerilles to give the position of Zamboaga del Sur, to be
followed by City Mayor Climaco of Zamboanga City.
So Governor Tony Cerilles, please.
MR. CERILLES. Thank you, Mr. Chairman.
First of all, let me thank the Committee for inviting me and the
rest of the local officials outside ARMM in this consultation/public
hearing.
Im surprised with the answer of some LGUs inside ARMM.
think in this hall, I am one of the few guys who were able to serve the
autonomous government under P.D. 1618 during the time of President
Marcos. And I heard the same complaint as aired by Mujiv Hataman,
our regional governor, asking for more autonomy, more power. That
was also the clamor during the time of President Marcos when
autonomous government Region IX and XII were asking the same
power.
95
As a
matter of fact, I was one of those who debated in the House on the
devolution of health and agriculture. Up to now, the money is not with
us; it is with the national government.
As a matter of fact, our hospital is fully supported by our IRA, I
think that is also true with the province of Ilocos Norte and some other
provinces.
than us because they are the host of medical centers and regional
hospitals who is actually financed by the national government.
We were discussing in Congress then about devolution of
agriculture because our farmers are the poorest among the poor
among the sectors. Thats why it was decided by Congress to devolve
agriculture to the local government unit. But if you look at the graph
of the budget of the Department of Agriculture since the time of
devolution, youll see the budget of Agriculture going up instead of the
money going to the local government, so in health and other devolved
agencies.
96
Why is it government
talking only to a few people who do not represent the real interest of
the people of Mindanao? Huwag na nating itago ito.
Why are we talking to the MILF?
Can we achieve
97
This is too
ARMM or the MILF or Malaysia, but the money of Juan Dela Cruz.
If people honestly believe that this is good for them, this is good
for us, then they should stand and make a national debate from
Batanes down to Tawi-Tawi. They want to become president based on
this issue, so be it. They want to be senators based on this issue, so be
it.
98
framework
99
Bangsamoro
which,
again,
our
representative,
Filipino
And even
they have the temerity to submit to the Filipino people, that we dont
want to accept any changes in what they proposed.
This is not democratic. This is not the essence of democracy, Mr.
Chairman.
Thats why I am happy that the Chairman of Local Government
of the Senate has called for this consultation hearing. I am for peace
but I dont want any hidden agenda. I join my friends from the ARMM,
the governor and the vice governor in objecting to this proposed
Bangsamoro Framework Agreement.
Thank you, Mr. Chairman.
THE CHAIRMAN (SEN. MARCOS).
representatives
that
were
part
of
the
negotiations
were
100
recognized
by
any
of
the
local
government
units
as
their
representative.
Secondly, you touched to the point that we need a great deal of
discussion about this and that we should not hurry, again, another
point that has been raised and that we have realized. In fact, it was
actually the Transitional Commission that first proposed in our hearing,
I believed it was in Marawi, that they be given three years to do their
job.
there are deadlines that are being put to all of this process. As I said
before, we have waited many, many years, decades, even you could
say hundreds of years and perhaps another month or two would not be
too much to wait for.
And the point of whether or not the BBL is a law of national or
local application is also something that has been discussed and the
argument
has
been
made
by
those
outside
of
the
proposed
101
think there are many from around the country who would like to have
their voices heard as well.
Yes, Governor Cerilles.
MR. CERILLES. It has to be in a national debate, Mr. Chairman,
because of the presence of the Tripoli Agreement of which it is not only
the five provinces but also the original provinces mentioned in the
Tripoli Agreement which likely includes my province, Zamboanga Del
Sur, province of Palawan up to Davao Sur.
So if this will not be a national debate, then our voices will not be
heard.
It can enact
election code which will govern plebiscite and the entry of new
provinces. Thats why we should be included in a debate because that
would affect my province, Zamboanga City and the other provinces, to
include Palawan.
Thats why I hope this Committee, Mr. Chairman, would look at
the possibility of other ancient provinces to be included in the so-called
Bangsamoro, if the Senate or Malacaang will insist.
Thank you, Mr. Chairman.
THE CHAIRMAN (SEN. MARCOS).
Cerilles.
102
Yes. Certainly, the debate, the discussion has widen in its scope
and that is why the increasing consciousness of the other provinces,
not only elected officials but ordinary citizens in this proposed measure
is very much welcome. That is why we are having these consultations
because it is a chance that we give to our local government officials to
say their piece so that their thoughts are included because apparently,
again, their representation isthey find lacking in the process that we
have undergone so far.
So thank you, Governor Cerilles.
Now, we call on the City Mayor of the City of Zamboanga, Mayor
Maria Isabelle Climaco.
MS. CLIMACO.
103
They have
104
105
MS. CLIMACO.
not merely for appeasement, and a law that treats every Mindanaonon
on an even keel and a law that respects the sovereignty and territorial
integrity of the Republic of the Philippines.
Let us all be reminded by our rich experience from the defunct
Memorandum Agreement on Ancestral Domain declared by the
Supreme Court as unconstitutional and contrary to law. The legislative
branch of government is mandated to enact laws not contrary to the
Constitution. Please, honorable members of the Senate, we appeal to
you as the people of Zamboanga City is given this last straw, enact a
law that shall pass judicial scrutiny and not a law that is based on
legislative avoidance and instead leave it to the Supreme Court to
decide upon its validity.
106
that this provision of the Expanded ARMM Law is mandatory and has to
be complied with prior to the enactment of the BBL and not some other
amendment in the BBL again.
We respectfully ask the national government to purchase these
lands and transfer the same to the city of Zamboanga which can be
transformed into a governmental center to cater to the needs of the
local government and several other departments.
Our people of the city of Zamboanga has always been known and
recognized as ethnically heterogeneous.
107
fisheries and aquaculture resources because not only are the canning
companies in the city but majority of the poor rely on us for this food.
Very recently in Typhoon Haiyan, in Yolanda, despite of the siege
that happened in the city of Zamboanga, Zamboanga Citys canning
companies sent 100,000 cans of sardines to the affected residents of
Typhoon Yolanda.
108
think, the city limits seems to be something that has not been resolved
nor have there been any proposed solutions.
We take particular note of the suggestion or rather the view of
the mayor that it is the function of Congress not to letnot to leave,
knowingly leave unconstitutional provisions in a law that is passed by
Congress just to say, Pabayaan na natin sa Supreme Court iyan.
That is not fulfilling our function. I am in full agreement of that. And
in that regard, this committee will endeavor to do all that we can to
make sure that we fulfill, fully fulfill that function as legislators and
pass a law that we know to be constitutional, to be legal, to be
enforceable, and with the best chance of success that we know how to
pass.
So, thank you, Mayor Beng Climaco.
Now, we move on to the newly included province of Palawan who
was only referred to in the original draft BBL as part of the areas that
will
include
the
Bangsamoro
identity
or
the
definition
of
the
109
po
kami,
Mr.
Chairman,
kung
anuman
iyong
Ang
Thank you.
Thank you,
Gov. Pepito Alvarez, for your very simple and straightforward position.
I have to admit na pare-pareho tayong nagulat nang biglang
lumitaw ulit ang province of Palawan dahil nga, kagaya ng sabi ko,
110
nang sa draft BBL, nabanggit lang ang Palawan bilang isa sa mga
areas kung saan ang mga indigenous people that comprise the
Bangsamoro people.
discussed
because
this
changes
the
entire
definition
of
111
Napunta
No ifs and
112
Pero
We have voted
113
Barrett at saka
Humihingi kami ng
114
ng
chief
minister
commissioner sa police.
separated.
na
gagawing
deputized
Napolcom
Saan ho
pupunta pag mayroong abuso? Ang sinasabi namin, lets look at our
experience, actual experience in the ARMM. Saan tayo nagkakamali?
Saan pumasok ang abuso? At doon ho ang ating lagyan ng safeguards
sa BBL, hindi ba? Gusto na natin lahat pera. Gusto lahat natin poder.
Mayroon ba tayong track record na magpapakita na magiging
responsable tayo pag binigay lahat iyan? So dapat medyo pagapang.
Medyo may tutoring na gagawin tayo bago ibibigay natin ang lahat.
Ika-fourth po na objection namin at concern, concerned ho kami
na iyong Armed Forces natin ay puwede lang maghimasok kung irerequest ng chief minister. Kami ho sa Mindanao, especially sa South
Central Mindanao, iyong amin hong kapulisan hindi kayang humarap sa
115
Kaya sana
dito sa BBL, the Armed Forces should be given the right and the option
to intervene, if necessary, only coordinating with the BBL authorities.
Pero hindi puwedeng maghintay sila na humingi ang BBL authorities
bago sila makapasok, baka kailangan.
At last po, in-assure kami na iyong lahat ng SPDA properties sa
labas ng core territories ay ibebenta na lang sa amin. Pero gusto ko
pong i-reiterate dito na kailangan nang ibenta para naman iyong
intrusions mabawasan na.
116
Saan
siyang probinsiya?
117
118
So, hindi
That is a
119
At kung anong
120
The chief
121
Ano ba talaga?
122
maging honest tayo, tingnan ano ba ang kaya natin at hindi natin
kaya.
Kasi ako ngayon parang nabulaga ako na palagi kaming awardee
pero ngayon nagba-backlog kami kasi wala kami palang mga engineers
na marunong sa mga bagong pamamaraan at mabilisan. Wala kaming
taga-gawa ng feasibility studies na makakapasa.
awardee na rin ang regional government nung ARMM. First time in the
history po ng ARMM nagka-seal of good housekeeping kami.
Ang
123
Kasi if you
just throw money at a problem and the entity that you are giving the
funding to does not have the ability or the capacity, kahit iyan na ang
pinakamagagaling sa lahat ay kung tatatlo lang sila, wala silang
magagawa, sayang iyong pera mo.
124
national share.
THE CHAIRMAN (SEN. MARCOS). Governor Cerilles, you have
one vote right here.
MR. CERILLES. Thank you very much.
125
We have a proposal to
Yes.
126
MR.
CERILLES.
Thank
you
very
much,
Mr.
Senator.
[Laughter]
THE CHAIRMAN (SEN. MARCOS). [Laughing] Thank you very
much.
Now, we move on to Davao Del Sur. I would like to hear from
Gov. Claude Bautista.
Gov. Claude.
MR. BAUTISTA.
127
128
that they have voiced that they will be included as part of the
Bangsamoro core territory. They would not want to be included. They
worry again also about the opt-in provision, as we all have come to
become worried about.
So thank you, Gov. Claude, sa inyong presentation.
129
I have just received the position paper from the Office of the City
Mayor, the City of Koronadal from City Mayor Peter Miguel of
Koronadal City.
Mayor, would you like to make a quick presentation?
MR. MIGUEL.
Yeah.
Maayong
hapon sa tanan.
The people of Koronadal would like to express the following
sentiments: At its present form and substance, we cannot say yes to
BBL. At the outset, we manifest our strong opposition to the inclusion
of the city, Koronadal in South Cotabato, and the whole Region XII, in
general, in the proposed Bangsamoro area because such inclusion is
mandatory or optional.
In the event that the passage of BBL would be inevitable, we
would like to ask humbly the legislature to respect the decision made
by the people for so many times during the plebiscites who previously
rejected the inclusion of the city to the ARMM.
opt-in provision in the proposed BBL once again opens the issue that
has been put to rest a long time ago.
For the sake of stability, it is desired that the LGUs which have
voted not to be part of the ARMM be spared from the coverage of the
proposed BBL optionally or not. The opt-in provision of the proposed
BBL poses a constant threat of expansion of the Bangsamoro area
130
Besides, this
131
MR. MIGUEL.
When
you ask the ordinary people, it is true that one can get a reaction but
not an informed reaction.
To make a point, the government has a burden to ensure that its
constituents are correctly informed and judging on what is happening
now, the people are still groping in the dark when it comes to the
debate over the proposed BBL.
To make it short, we are not convinced of the necessity of the
proposal. We believe that ARMM could have been effective in granting
the needed autonomy to the Muslim areas in Mindanao. And there is
no ample explanation why the ARMM is considered a failure in bringing
about the long lasting peace and sustainable development.
What is really wrong with the ARMM?
ARMM to be improved in such a way that the purpose for which the
BBL is being pushed could be attained?
We believe that under the present set-up in the LGUs in
Mindanao, our Muslim brothers and sisters are already empowered and
amply represented particularly in our province, in the City of
132
Koronadal.
Ours is a
The present
133
The question is, what are the limitations of the penalties and the
punishments?
Much have been said about the unconstitutionality of the
proposed measure.
Or would it
134
Miguel,
again,
for
that
very
straightforward
and
clear
presentation.
We particularly take note of the last part where you say,
Despite our cultural and religious differences, it should not be grounds
for our disintegration.
desirous.
135
Weve been
governors because the governors are very practical and very smart.
The situation in ARMM is different from any other place in the
country in the sense that there is no other regional government in the
country similar to ARMM, the institution, with the exception of MMDA in
Metro Manila.
At may kinatawan
Iyong MMDA
local
government,
maliwanag
ang
tungkulin
ng
LGU.
present?
136
Isulat pa natin sa
at
ipaubaya
natin
sa
ARMM,
halimbawa,
para
hindi
At
So ang
Mr. Chairman.
THE CHAIRMAN (SEN. MARCOS).
please.
I would think that the purpose of the creation of the ARMM is
for
137
SEN. RECTO.
Please go ahead.
MR. TAN.
Appointmentswith
In fact, I
consultation that we had during our regional peace and order council
meeting that was held in Sulu which we requested for the Basulta
area. One of which was/cmn
138
MR. TAN. one of which was the authority for the local offices or
the provincial offices like the DepEd, to give that authority to appoint
certain grade of officials in the Department of Education like what,
teachers, ordinary teachers.
Thats right.
Yes, regional
director.
MR. HATAMAN.
Yeah.
Kaya medyo
malilito tayo kung i-similarize natin iyong LGU sa ARMM dahil ang
dinevolve (devolve) na function sa ARMM is iyong function ng national
line agency as provided by Republic Act 9054.
At lahat naman ng sa
139
Halimbawa, DepEd.
Ang
140
SEN. RECTO.
should that look like? Halimbawa, Ill give an example, maliwanag ang
relationship ng barangay sa munisipyo.
ARMM?
MR. HATAMAN. Actually sa ARMM ho, ang taxation, halimbawa,
tax, 70 percent. For ARMM, 50 percent of the 70 percent goes to local
government units within ARMM.
SEN. RECTO. Yeah. You know, we may not have enough time
today to discuss all these matters, but is it possible for the local
government units and the governor of ARMM to submit to the
Committee a response to these queries?
MR. HATAMAN. Yes, Your Honor.
THE CHAIRMAN (SEN. MARCOS). I think what is needed by the
Committee for its deliberations when we actually write the Senate
version is a detailed analysis of this.
Governor Mujiv has done a good job, and yet the basis of what we are
doing is that it is a failed experiment. So wheresaan?Im sure it is
somewhere in between. But like any system, it is not perfect, so let us
identify those imperfections and try to remedy them as best we can.
141
And that will not come from political theory, but more from data that
you have gathered from your experience in your time as governor, and
perhaps, also the experience of the local government executives in their
dealings with the ARMM.
So with that, thank you, Senator Recto.
MR. TAN. Mr. Chairman.
THE CHAIRMAN (SEN. MARCOS).
Yes.
HATAMAN.
Actually,
Mr.
Chairman,
iyong
BBL
ay
pagpapagaling talaga.
THE CHAIRMAN (SEN. MARCOS). Pero iyong performance mo
laging nababanggit.
142
Anyway, thank you to all our local government executives for the
inputs that they have given us in this hearing so far. You are, of course,
welcome to continue to stay while we now go to listen to the
observations, opinions, and suggestions of the Association of General
and Flag Officers Incorporated represented here by very senior general
officers, Gen. Renato De Villa, Gen. Edilberto Adan, and Col. Cesar
Pobre.
So, Gentlemen, please, who would you like to speak for you?
General Adan, you are recognized.
MR. ADAN. Good afternoon, Mr. Chairman, Your Honors.
In behalf of the Association of General and Flag Officers, the
retired members of the PMA Alumni Association, the Philippine National
Police, Coast Guard, the BJMP, and the Bureau of Fire Protection, let me
express our appreciation for your kind invitation to attend this hearing
this afternoon.
Members of this and other brother organizations are retired
officers, many of them are veterans of the campaigns against
insurgency and terrorism in Mindanao. We have pledged to preserve the
Constitution of the Philippines, helped professionalize our armed forces,
and fostered the welfare of our veterans. As veterans, we experienced
the scourge and cruelties of war, its physical, mental, and psychological
143
Our veterans
fought for a noble cause. They saved Mindanao from separating from
our Republic, and becoming a separate Islamic state.
What have we learned over these years? The Filipino soldier, time
and again, has proven that when provided the proper direction and
adequate resources to defeat the nations enemies, he will prevail. This
was demonstrated in the successful campaigns against the MNLF
secessionist rebellion since the 70s and the major operations against
the Moro Islamic Liberation Front in the year 2000 in Central Mindanao.
We recognize that the military alone cannot solve the problem in
Mindanao, but the problem cannot be solved without the participation of
the military.
The MILF is a rebel group, and rebellion is a crime punishable by
the Revised Penal Code. The President has broad powers provided by
our Constitution to deal with rebellion and sedition. He may call on the
144
145
MR. ADAN.
receipt.
MR. ADAN. So let me go directly to the recommendations for
the interest of brevity.
THE CHAIRMAN (SEN. MARCOS).
MR. ADAN.
146
in
particular,
the
framework
agreement
and
the
Magkakaroon
The
central
government
shall
exercise
authority
and
jurisdiction over defense and security. And this should be both internal
147
regional
police
should
be
reconstituted
to
become
the
Bangsamoro
command
should
be
deleted.
Hindi
po
kailangang
sa
geography,
sa
force
mix,
anong
kailangang
mga
148
Hindi namin
149
again, a very, very clear presentation with some very important points
made, and all those points born of experience. Not from theory but
from experience of both war and peace in the areas that we are talking
about.
I would just like to correct you on one point that you made, that
the MILF makes a veiled threat. Hindi na po veiled, they are saying,
Pass the BBL or there will be war.
anymore.
The points that you have made, I think, are particularly relevant
to the discussions that we are having today. The point of the
150
The
and
normalization
process
in
an
annex
but
rather.../jbc
151
that is why I thank you for your inputs because that is something that
is, again, born of your experience in Mindanao.
The concern about the Bangsamoro police is something that,
again, has been discussed in great detail but the problem that we have
is the lack of clarity in the lawin the BBL as of now.
As I had
police
with
the
national
government,
with
central
command of the PNP in Crame has not been clarified and, as I said,
there are several interpretations that are conflicting and we will
endeavor to clarify that very clearly. And what we are going to clarify
is that I believe that we should just make the Bangsamoro police
similar to your suggestion, another regional office.
tayo sa mga region, may opisina ng RD.
May RD naman
152
Linipat natin,
ginawa nating national police dahil nagiging private army iyong mga
local police na nasa ilalim ng mga officials.
Now, this is taking a step backward, rather than forward because
ang kinatatakutan nga ay magiging private army ng chief minister ng
kung sinuman ang nakaupo at lahat naman tayosiguro agreed tayo.
Ngayon, dinadagdagan pa na mayroon silang sariling armed
force. So hindi lang private police force pero may private na army at
saka hindi na itopagka sinabing army, iba ang usapan pagka sa
pulis at saka sa militar. That is why, again, it will be a fighting force,
not an enforcement force like the police that enforces the law, the
armed forces are there to engage in battle when need be and they will
have the capability to do so with the attendant weaponry, command
structure that will be against all of the mandates that we have for the
organization of a standing army.
153
in
the
Bangsamoro
area.
That
seems
to
be
stated here, General Adan, You should trust us that we will not
separate. And the answer that we give them, We trust you. But we
do not know about those that will follow you.
154
now that has pledged allegiance to the flag is now replaced by another
group and they decide that they should separate the Bangsamoro from
the Republic, we have no guarantees against that.
So I thank you again for what would I say are very common
sense
straightforward
measures
and
that
they
are
particularly
be
shared
with
the
chief
minister
of
the
Bangsamoro
government.
THE CHAIRMAN (SEN. MARCOS). Thank you, General. Yes,
that would be a valuable point and I think it is an added guarantee for
us, for any rogue elements to try and take advantage of this autonomy
that we are giving to these regions.
155
156
We have talked
However, we
reach out to more people to let more of the population know about
what the BBL is all about.
Second, I think its not for the interest of anybody, as we
mentioned
yesterday,
unconstitutional.
that
there
is
any
provision
which
is
157
158
release.
So, nandito sa
Iyon
lang po. Just general because I realize that there is not enough time
to address all the issues raised po.
Salamat po.
THE CHAIRMAN (SEN. MARCOS). Thank you, Usec.
I think on the issue of consultation, the desire was to have
consultations duringfrom the very beginning of the process.
But
anyway, we cannot turn back the clock. We are here so we will try to
remedy the situation by having hearings such as this.
159
contiguity, the answer came back that it included the seas. And as you
say, we can assume that it is clear to everyone but I think from our
hearing today, it is not clear.
the
systems
of
government,
the
power
sharing,
the
administration, all of that, like in any ordinary job, the job description
is extremely important for the job to be done well. You cannot do a
good job if you do not know what the job is. And that is what we are
trying to do so that everyone knows exactly what is expected of them
and what powers we grant them so that they can do their job properly.
So, on the question of clarification, we are very much for that,
and that is precisely what we will be trying to do because even the
recommendations of the Peace Council, though there were specific
recommendations given by Chief Justice Davide on amendments to the
Constitution, what he could see are constitutionally infirm provisions.
160
Aside from that, the rest of the recommendations were to clarify areas
that could be misinterpreted.
So, thank you, Usec Bacani.
We seem to be in consonance in
So, my only
comment, Mr. Chair, is that, you know, probably this can wait and we
want to make sure that we pass a law that will address all the
questions especially on its constitutionality and especially on matters of
security and all the other concerns that have been brought up this
afternoon.
Thank you, Mr. Chair.
161
162