MONDAY, AUGUST 11, 1986 169 Mayors whom I met at Quezon City and with whom 1 had a twohhour dialogue, We would like to express our aratitude to Mr. Rene Santiago of the Philippine Insti tute of Environmental Planners, Mr. Michael Mastura, ‘the Philippine Social Science Council, the Office of Muslim Affairs end Cultural Communities, espocially Minister Candu Muarip and Atty. Fausto Lingatin, Madam President, the cry for meaningful, effective and forceful autonomy has been loud and clear all over the country. That cry will no longer be a voice in the wildemess. Let this 1986 Constitutional Commission give @ bold and unequivocal answer to that ery, The report of the Committee on Local Governments is an indictment against the status quo of a unitary system that, to my mind, has ineluctably tied the hands of progress in our country. Its claimed, Madam President, ‘that our linguistic and ethnic diversities are weaknesses that con be strengthened by the unitary system; but T say our varying regional characteristics are factors to capitalize on to attain national strength through decen- tralization, AAs stated by Mr. Rene Santiago of the Philippine Institute of Environmental Planners, who appeared several times before our Committeo, a structure of socie- tal organization must adopt to the people and not the people to a preconceived model of organization. He stated > Filipinos are suid to bo highly indiiduaisti, fractious, ‘ungovernable, and helt to rumerous persuasions, A pluralist society ike Outs would behave incongruously under the initary setup as many socal sletiss have observed tothe point of schizophrenia. It should be at home ins “federal Jaed envzonment.” Decentralization gives hope to the-poor. It disperses political power and responsibilty, just as wealth must be equitably diffused. As Somacher, an economist, said: ““Centralization is mainly an idea of order while decen- ‘alization, one of freedom.” As Rene Santiago ob- served, centralization emphasizes tho maintenance of status quo for society to sustain itself, while decentrali- zation promotes entrepreneurship and innovation. Our unitary structure, indeed, gravitates toward order that progress — national and local ~ becomes a casualty. Because of our enormous and hardheaded adherence 0 the unitary system foisted upon us by the colonisl powers in a span of several centutis, Filipinos have found the idea of dictatorship appeal: ing. That is why we always hear, ard we seem to belive, that we Filipinos respond better to a strong leader and we find ourselves wittingly rammed through a situation Where our rights are despicably trampled upon and where freedom becomes illusory and our dreams remain empty and unfulfilled. Thus, despite our vast natural resources and our great intellectual endowments, the Philippines has lagged behind her Asian neighbor. In our report, we have widened the taxing powers of focal governments. Thus, under our report, they can Impose taxes, fet> and charges, with right of retention and disbursements without undue interference from the national government. They shal likewise be entitled to share in the proceeds of exploitation and development of the national wealth within their respective areas, We also provided in the report that the share of local governments in the national taxes be released to them automatically. Our Committee did not adopt any provi- sion authorizing the establishment of a metropolitan government because We wanted to avoid overlapping of functions. Moreover, putting together highly urbanized cities infringes upon the principles of local autonomy and decentralization. I, for one, believe that the Metro ‘Manila Commission, created under P.D. No. 824, was truly a self-centered creation of the deposed dictator Ferdinand Marcos who wanted to consolidate political power over areas within Metro Manila as a gift to his ‘wife and inspired by the historical imperative that the fall of the capital region will mean the end of their imperial rule. The geopolitical area of Metro Manila, however, may be maintained under a coordinating agency as authorized by the provision of our committee report that local government units may coordinate and consolidate their efforts and services for purposes beneficial to them, Madam President, for the first time in the Philippine Constitution, in favorable reaction to thie needs of the times and in recognition of the realities of Philippine situation, we are mandating the legislature to create autonomous regions within the framework of, and respecting the, national sovereignty and territorial integrity of the Republic of the Philippines. Our Committee was torn between the question of setting a fully federal form of govemment and the question of merely establishing autonomous regions. We decided to make our provisions flexible in the sense that while we are mandating the creation of auto- ‘nomous regions, particularly of Muslim Mindanao and the Cordilleras, We are opening an avenue towards full federalization of the Republic of the Philippines by way of creating several autonomous regions should Congress decide to do so in the future. Commissioners Alonto, Bennagen and Opie will explain further the need to set up autonomous regions, Madam President, the challenge of this generation is brought forth before this august body. I fervently hope and pray that this Commission will prove equal to the challenge. Thank you very much, Madam President, may I request that Commissioner Alonto be recognized. THE PRESIDENT, Commissioner Alonto is recog: nized, SPONSORSHIP SPEECH OF COMMISSIONER ALONTO ‘MR. ALONTO. Madam President, there is nothing more that I could add to the brilliant exposition of the170 distinguished Chairman of our Committee. I only want to add some historical experience I encountered when I hhad the privilege of being honored as one of those that have contributed to nation-building, Madam President, the idea of a regional development plan started in Congress in the year 1954, It was in that year that the members of Congress of which I was a humble member started to promote the idea of a regional economic development in this country in the course of our nation-building. That experiment of Congress developed the idea that a regional economic development of our country is much more effective than a centralized idea coming from the central government. It was in that period when the establishment of Gifferent development authorities, starting with the Mindanao Development Authority, was passed and made into law by Congress. This also started the idea of presenting before the nation builders of this country that idea of the sociopolitical development of our country based upon the concept of regional authority or regional concept, Such concept started the idea that a federal form of government would be more acceptable in our country, taking into account the goographical situation, the composition of the society, and the historical background of the Filipino society. Based on a paper I read before one of the seminars organized before the start of the 1971 Constitutional Convention entitled The Political Problems of the Cultural Minorities, Mao's effective way of solving the problem of uniting and consolidating the multi farious sectors of our society would be some sort of a federal form of government: In this document, I stated the following: [gn surmise this early thatthe strongest single factor that pfompted the cell for this charter revision isthe sense ‘of urgency felt by the different sectors that comprise the society 10 find a solution to the state of disategration taking place in our midst. It is then a must that ia reaming the same law, it ‘would be the highest senso of patriotisn for every member privileged to participate to analyze all the bast problems that confront our society, not the leat important of which, is the problem of Philippine unity, Together, let us recon- struct our political thoughts in order to reconstitute the same to conform to the basic philosophy of all the dif. ferent slements that make up our society. Let us not est fate even to reconstitute our governmental structure if necessary, to make it conform to the basic ideals of the different groups composing our society, Let us abandon the “strafjacket" to which we wore plunged by our erstwhile ‘masters 3 a condition precedent to the grant ofa politic! freedom and which became the base eause of our failure to imbue the society with the desirable sonse of oneness and common destiny. For, unless we cen imbue our people with sense of oneness and common destiny, there seems to be ‘no possible avenue of containing the process of disintegra- “Tees nopetie MONDAY, AUGUST 11, 1986 tion that is going on in our vory midst involving not only the cultural minorities but the Whole fabric of our society. 1 daresay chat if to acheve unity, it is necessary to divide the country into several autonomous states bound together by 1 common goal and sense of oneness, we should aot hesitate to do +9, If unity cannot bo achieved in a strictly unitary system a8 experience as taught us, then by’ all ‘moans let us revert to the only option Isft open for us — ‘UNITY IN DIVERSITY — which soms to be the gel fixed for us by Divine Wisdom when our ancestors, belonging to & common rial strain but sponkiog different. tongues, ventured through unchartered seas guided by the same Divine Providence to these diferent islands separated by natural barriers yet belonging to the seme geographical region. For the sake of the hundreds of thousands, echeps, nilions, of precious tives of our kith and kin that were ced in the fields of battles to defend their newfound paradise, for us, thelr progeny, Jot us forge that unity of the anvil of necessity, perchance God Almighty, wise Provi: dence controls the destiny of min and nation, grants that ‘we can preserve these beautiful Iles forthe generations yet to-come, In other words, Madam President, my very rationale for standing on the principle that we must take into account and into consideration the multifarious soctors of our society, the multiplicity of ideology, the multi- plicity of principles in our society to be able to struc- ‘ture our government is for each sector of the society to make a basis of their cooperation in nation-building the ‘deals that they preciously consider for themselves. ‘This is why in the different proposals to this Consti- tutional Commission, I am most appreciative of thosé proposals that will at Icast give autonomous freedom to the different sections of, if not all over, the country; but at least to start with, with those that in the course of our nation-building have shown some disparate and unrefusing and a highly unitarian centralized authority in this country. Irefer, Madam President, to the Muslims of Mindaneo and to some of our brothers in Northern Luzon who adhere to the principle that in order to have real free- dom, real justice and real democracy, each section of our society must be given the chance and freedom to develop the ideals they prize so much in life Madam President, T-would like to-lengthen my remarks in support of the remarks of our distinguished Chairman. However, I would just submit as part of the Record some documents which are very pertinent to the discussion we are now about to do, One of these is & document entitled Position Paper No, 2, which discusses the political problems of the cultural tainorities in this country. Another document is on the need for # national community which was-the essence of a speech that this humble Representation delivered before the 1971 Constitutional Convention,*MONDAY, AUGUST 11, 1986 m Another document I would like to submit as part of the Record of this Constitutional Commission and as part of my remarks is a document entitled Structure of Government .by Rev, Francisco Araneta, former Pres ident of the Ateneo de Manila.* This was submitted before the 1971 Constitutional Convention, proposing 2 federal form of goverument for the country. ‘The last document I would like to present is a speech of a divine — some of the last pronouncements of the late Senator Benigno Aquino.* In that document, he Proposed a solution to the very perplexing probiem ceused by the Muslims in this country which resulted in the conclusion of the Tripoli Agreement of 1976 by President Marcos and the Moro National Liberation Front. This document clearly and articulately states that the solution to the problem of the Muslims in this country is spelled in the implementation of the Tripoli Agreement, and suggests means and ways by which that Tripoli Agreement would be implemented by the government. These, I submit to this body,-as part of my short remarks and as part of'the Record of this Consti- tutional Commission, Thank you, Madam President, for this opportunity for delivering my short remarks, 1 hope that the report of this Committee would be acceptable to the Members of this Constitutional Commission as a basic solution to our problem of establishing real unity in Philippine society. MR. NOLLEDO. I thank Senator Alonto. THE PRESIDENT. Let those documents referred to by Commissioner Alonto be made part of the proceed. ings. MR. ABUBAKAR. Madam President. THE PRESIDENT, Does Commis desire to be recognized? joner Abubakar MR. ABUBAKAR. Yes, because I would like to strengthen the argument and the observation of both speakers on local autonomy, that local autonomy hes been implemented in Mindanao and it has succeeded. ‘The Southern Autonomous Government in Mindanao, composed of Cotebato, Sulu, Zamboanga and part of Northern Zamboanga, has now a seat in Zamboanga, with a legislative and executive chairman. It has solved ‘many of the agitations and problems of Southern Min- dango. My remark is simply to supplement and to edd to the argument and presentation of the Chairman that this is a working reality, Local autonomy is no longer 4 theoretical concept in Southern Mindanao. There is local autonomy whose seat is in Zamboanga; there is 2 chairman of the executive council, and there is also a legislative council. Each province in Southern Mindanao is represented in the legislative seat in Zamboanga and the representatives meet to enact measures for the good Of the region. So, as far as local autonom; See Appendix it is @ success in Mindanao and there is no reason why we should not move forward to embrace’ further + provinces under the same aggrupation, powers and Aelegation, so that in the end, the autonomous region will take care of its own problems as we are now taking cate of our problem in Zamboanga, Sula and Cotabato, This would, in tum, spread the ‘concept which will ultimately be the foree in forging the national unity that ‘the Filipinos have dreamed of and have achieved to a certain extent, So, regional autonomy is now working in Southern Mindanzo, Thank you, MR. NOLLEDO. The next speaker, Madam President, is the honorable Commissioner Bennagen, ‘THE PRESIDENT. Commissioner Bennagen is recog- nized . SPONSORSHIP SPEECH OF COMMISSIONER BENNAGEN MR. BENNAGEN, Thank you, Actually, we have a number of arguments for creating the autonomous regions. Many of these have to do with efficiency and manageability, but we will discuss them during the period of interpellations and period of amendments. . Given the little time that I have, I will just read Paper arguing for the granting of autonomious region status to both the Cordilleras and the Bangsa Moro, For the lest several weeks, we have been deliberating ‘on matters that touch the life of every Filipino, born and unborn. Now, we will be doliberating on matters which shall determine the fate and destiny of the Bangsa Moro and the Cordillera people —.a fate intertwined with our own, and for the entire country, @ future which could spell war and fragmentation or a future of Peace and justice for all, Away from the harsh realities Of the neglected and underdeveloped conditions of the Cordilleras and of Mindanao, it is easy for us in the comfort of tis hall not to see how our decisions could affect the lives of millions of people whom we do not know/But I do know and have felt the overwhelming Passion of the Bangsa Moro to achieve recognition of their right to self-determination, Ihave been witness to ‘the courage and perseverance of the Cordillera peoples in their struggle for peace and justice. They see regional autonomy as the answer to their centuries of struggle against oppression and exploitation For so long, their names and identities have been debased.sTheir ancestral lands have been ransacked for their treasures, for their wealth. Their cultures have been defiled, their very lives threatened, and worse, extinguished, all in the name of national development; all in the name of public interest; all in the name of the common good; all in the name of the right to property; all in the name of the Regalian doctrine; all in the name of national security. These172 MONDAY, AUGUST 11, 1986 phrases have meant nothing to our indigenous communi ties, except forthe violation of their human rights. I can recite @ litany of their grievances which spans centuries~poverty, illiteracy, malnutrition and death rates. But T will simply quote an old man from the Cordilleras who said: “We asked the goverment for a teacher, it did not give us ono, We asked for some heip in fixing our roads, it did not send us any, We asked for 2 doctor, it did not send us one. Instead, government men came to build a dam and sent in the Philippine Constabulary and the army. These, we did not ask for.” ‘Thete are statistics on the thousands of indigenous communities displaced by plantations, hydroelectric ams, mining and logging operations by virtue of state laws, presidential decrees and letters of instructions. But it will suffice to quote the eloquent voices of Bontoc and Kalinga warriors. They say: “Long experience has shown us that the outsiders’ law is not able fo under stand us, our customs, and our ways. Always, the state Jaws make just what is unjust, and make right what is not right, We are planted here, rooted in sacred land, All our dead are buried hero. Now we are asked by the government to allow our deed to be covered by the waters of the Chico Dam Project: This is an impossible request, The government assures Us that it will spare no effort to disinter the dead, to remove the remains to new and better sites. It does not understand. The very soil we tread on is the dust of our fathers. What kind of Jaw is this that asks us to agree to our annihilation as 2 people? If we accept the decree of the government, it will be as if we ever doubted that we belong to the land or that we question our ancient law. If we are forcibly relocated, we can tell you that we will no longer consider ourselves under the law," Let us not forget that among the Bangsa Moro and the Cordillera people were people who were massacred, salvaged, arrested and imprisoned, tortured and raped, all in the name of national security, law and order. For the entire history of the Bangsa Moro and the Cordillera People isa history of oppression and diserimination; but theirs too is a history of heroic resistance against sub- jugation, tutelage and assimilation by the Spaniards, the ‘Americans, the Japanese, and cven sgainst uncaring Filipinos. We should not, therefore, be.surprised if they con- tinue to practice their ancient traditions of tribal democracy and custom law, if they persevere in their cherished belief and persist in their strugale to regan the right to selfetermination, History tells us, without meaning this to be some kind of blackmeil, that the Bangsa Moro antl the Cor- dillera people can'wield the willpower and determina ion like fierce knives and sharp spears in demolishing any obstacle in their quest for justice, peace and sel determination, Listen to the fiery words of a Muslim: “If we act in a civilized way which is the way of Islam, they do not listen to us. Pero huramentado o jihad, ion ang pakikinggan nila,” Honorable Commissioners, we wish to impress upon you the gravity of the decision to be made by every single one of us in this Commission, We have the over- whelming support of the Bangsa Moro and the Cordillera people to grant them regional autonomy in the new Constitution. By this we mean meaningful and euthentic regional autonomy. We propose that we have a separate Article on the autonomous regions for the Bangsa Moro and Cordillera people clearly spelled out in this Consti- tution, instead of prolonging the agony of their vigil and their struggle. This, too, isa plea for national peace. Let tus not pass the buck to the Congress to decide on this. Let us not wash our hands of our responsibility to attain national unity and peace and to settle this problem and rectify past injustices, once and for all For once, let us think of our indigenous communities even as we think of the whole nation, For oncé, let us help pave the way for a future of prosperity based on. the equality of all people, For once, let us courageously decide on issues based on their internal merits and not to be clouded in our reasoning by the tyranny of emo- tionally Joaded words, as often indicated by statements like “The only good Moro ig a dead Moro.” Let me repeat the poignant words of Senator Diokno who wrote to Marcos years ago, during the height of the BontocKelinga struggle against the Chico Dam Project: Our indigenous communities are part aud parcel of us ‘They are Living links to our yesteryear, perfect exemplars in fact of tho barangay democracy you seek to promote In their culture they may well be a lamp on our past o our tomorrow. To destioy them is to destroy a vital pert of our ‘past, our present and our futute, Their death as a people, and we do not hesitate to call it “gonocide,” will be ours, too, a8 a nation, Whether justice oF injustice, peace of violence, life or death shail prevail, i entiely in your hands, Finally, let me echo the wise words of the Muslims whom we met during the public hearings: “You in this Commission have a rare opportunity to write 2 docu- ment of peace and justice.” Let us not miss that opportunity. Marami pong salamat, MR. NOLLEDO. I thank Commissioner Bennagen. The last but not the least speaker is the Honorable Blas F. Ople. ‘THE PRESIDENT. Commissioner Ople is recognized. SPONSORSHIP SPEECH OF COMMISSIONER OPLE MR. OPLE. Thank you, Madam President. | think the Commission is dealing with two reports from the Committee on Local Governments, Committee Report No. 21 deals with local autonomy for the government as a whole, particularly the local units, which I think is very important. It is said that this is colonial legacy, the overcentralized system of govern-MONDAY, AUGUST 11, 1986 ‘ment that denies the role of initiative at the local levels. It is, of course, understandable that a colonial power ‘would frst of all annihilate the autonomy of locel units in order to ensure a foolproof security against potential rebellions or disturbances. But at the same time Com- mittee Report No. 25 deals with a more specialized kind of autonomy, that isto say, autonomous regions, om the promise that certain regions with unique cultural, his toric, social and even religious bonds where they have been placed in a position of inferiority relative to the dominant groups in socioty have the rigit to demand autonomy, a measure of self-determination within the larger political framework of the nation-state. 1 am addressing my remarks in the next two or three minutes precisely to the purposes of Committee Report No. 25. Within this draft Artile, therefore, there is a major provision for the creation of autonomous regions. It is an authority for Congress to provide by law for such regions of autonomy a5 may be determinéd to be necessary. Throughout modem history, Madam President, aito- omy for certain regions within the framework of the nation-state has meant a constructive alternative to secessionist aspirations. May I quote briefly from the Encyclopedia of the Social Sciences the following ‘words, and I quote: Autonomy on a territorial basls would easly coutlit ‘vith the State but the two are not freconcilable. I a State fails to induce interest n the contiaued maintenance of the State union on the part of frontier outlying or racially alien repions, it incurs the dangor of their beisg annexed or of their guining independence, As 2 vemedy, the State may want to such regions a certain measure of sol-government ‘within the larger political framework ‘The Muslim-Filipinos in Mindanao have fought for hundreds of years to preserve their independence and their identity from the colonial power, More recently, they precipitated a civil war in Mindanao which has already caused an estimated 100,000 lives, inciuding the lives of noncombatant women and children, The hostili- ties fortunately were suspended in 1976 as a result of the Tripoli Ceasefire Agreement. But this dormant war may act up all over again with al its renewed fary if no understanding is reached between the Moro National Liberation Front and the Aquino government, T under- stand that by next monti the negotiations will resume in Jeddah where also the organization of the Islamic Conference will be mecting. And that. is the whole point. This agreement for peace between Filipinos has been mediated by a 42-nation intemational organization of the Islamic Conference as though our Muslim brothers have to look beyond our own shores and beyond the capabilities of our own government, across the seas, for justice in the association of their fellow legionists called the Islamic Conference of 42 states, In the Cordillera region, we all know that there is still an ongoing armed rebellion as well 28 continuous militant but peaceful agitation for autonomy. 173 The Constitutional Commission is, therefore, presented with one of those rare opportunities, perhaps unrepeatable, to seal the permanent unity of these two regions with the rest of us, with the rest of the republic by granting them autonomous status as proposed in this draft Article within the larger sovereignty of the Repub- lic of the Philippines, The draft Article prepared by the Committee on Local Governments under the dis- tinguished chairmanship of Commissioner Nolledo defines the criteria for autonomous regions.and their spheres of jurisdiction, It reserves very clearly certain powers that only the national government may exercise including those dealing with foreign affairs, national defense, post, telegraph and communication and even the guidelines of economic policy, and where there is a secusity force, the supervision of the Armed Forces of the Philippines, and the control of the President of the Philippines. It calls on Congress to enact the organic acts for two regions"— Mindanao and the Cordillera ~ within one ‘year from the election of its members. So, this is an assignment with a deadline to insure thet there will be results, The approval of this provision will immediately raise the hopes, morale and faith in the nation of the millions of our brother Filipinos involved in these regions and will be a major contribution to peace in our land, in our time, ‘Thank you, Madam President. MR. NOLLEDO. 1 thank Commissioner Ople, Madam President, we are now ready to entertain questions from the honorable Members of the Com- mission, MR. RAMA, Madam President, may I ask that Come missioner Treilas be recognized, THE PRESIDENT. Commissioner Trofies is recog: nized. MR. TRERAS. Madam President, may I ask the ‘Committee or its Chairman a few questions for clarifica- tion? MR. NOLLEDO. Giadly. MR. TRENAS. I am referring to Committee Report No. 21. Section 1 made reference to the different Political subdivisions and among them, the barrios. T notice that in the 1973 Constitution, the barrio was also referred to as the smallest political subdivision. In the meantime, we have the barangay as the smallest political subdivision, May I ask the Committee if this provision of the 1973 Constitution referring to the barrios has been amended and instead the barangay was used? MR. NOLLEDO. ‘The Committee has decided to revert to the original name of barrio instead of barangay.MONDAY, AUGUST 11, 1986 So, in a sense, we are still threatened with war, Madam President, MR. ROMULO. Yes. So, it is the Commissioner's position that we really have no choice with regard to MR. OPLE, We do not want to appear as though this Committee is intimidating anyone sbout his choice, But what we are saying is that indeed a stark choice. MR. ROMULO. That is the logical conclusion of the statement that Ihave heard. MR. OPLE. Yes. MR. ROMULO. That if local autonomy will not be agreed upon as stipulated in this committee report, our choice will be war. If that is 50, the Committee is, there- fore, not giving anybody a choice. MR. OPLE, We are not adducing our opinion, but the facts bring themselves forward in terms of this new situation. MR. ROMULO. Yes. MR. OPLE. There are threats from the Moro National Liberation Front which cannot be lightly dismissed. ‘They aro prepared to resume full hostilities, and on the Part of our government, it is becoming a fratemal response. MR. ROMULO. In the end, the bottom line, which I think T am hearing from the Committee individually or collectively, is that we have a very small thin choice with regard fo autonomy as expressed here or we will hhave war. ‘MR. OPLE. | am afraid the Gentleman has described the stark truth of the situation, MR. BENNAGEN. Madam President, ‘THE PRESIDENT. Commissioner Bennagen is recog, nized, MR. BENNAGEN. I would like to supplement the statement already made by Commissioner Ople, The choice is not something that we, in our own subjective ‘wishes, would like to present in the provisions; itis a choice that is presented to us by the dynamics of social change and the dynamics of history which tell us at this Particular point in time that such a decision has to be made. And we only wish that it could be made within the framework of national unity and democratic pro- cesses because there are other options that are open to the people beyond which we will have no domain, 181 MR, RAMA. Madam President, Commissioner Bernas. wishes to be recognized, THE PRESIDENT. Commissioner Bernas is rocog- nized. FR. BERNAS. Madam President, the questions Thave are fundamentally follow-up questions on some of the {questions raised by Commissioners Treftas and Romulo. | would like to begin from the recently decided case of Negros del Norte. The Gentleman seid that the principles enunciated in that Negros decision are still applicable under this provision. ‘MR. OPLE. Yes. MR. BENNAGEN. Yes, Madam President, FR. BERNAS. However, I notice that the word “directly” was added in this committee report whereas under the 1973 Constitution, it said: “In a plebiscite called for the purpose in the unit or units affected.” Does the word “directly” add anything or modify the principles in the Negros decision? MR. NOLLEDO. To my mind, the word “directly” does not change the substance of the ruling, FR. BERNAS. So, it was not the intention of the Comittee to change the substance of the ruling, MR. NOLLEDO. Yes, Madam President. FR. BERNAS. To go into greater detail, for pur- poses, for instance, of the creation of a bartio or the abolition of « barrio, would we need 4 plebiscite of the entire municipality? MR. NOLLEDO. Yes, because the barrio will be taken out of the municipality, FR. BERNAS. Yes. And for the purpose of the creation of a city or a municipality within a province, ‘would we have a plebiscite in the province? MR. NOLLEDO, That is the implication, FR, BERNAS. And if it is a question of the creation of a provinee, it would involve a plebiscite within the: province or provinces from which that is being cut off? MR. NOLLEDO. The Gentleman must be implying an cxistence of 2 regional government. PR. BERNAS. Or if it is part of a region, then the plebiscite would involve the entire region. MR. NOLLEDO. I think so.182 MONDAY, AUGUST 11, 1986 FR. BERNAS. But if it comes to the creation of an autonomous region, how widespread will the plebiscite be? Would it be national? MR. NOLLEDO, That is a very good question. In that case, it should only be the people within the units that will form the region itself. That is my opinion. FR, BERNAS. But that departs from the principle of the Negros case because in the Negros caso, it is not just the people that were included in the new terzitory but the people from which the territory is being carved out, as it were. If we are creating an autonomous region within the nation, in effect, we really are carving out a territory from the entire nation, so it would seem that logically the entire nation should be involved in a plebiscite. MR. NOLLEDO. Yos, Madam President, that is the consequence, but it would be unwieldy if we will ask the entire country to participate. We are not taking out the region from the country; we are forming an auto- nomous independent region, And I think the poople who are directly affected are those actually residing within that region. FR. BERNAS. But the rest of the nation is also affected in the same way that when we create a province ‘out of an existing province, itis the entire province that is affected and not just the portion that is being cut off from that province, - MR. NOLLEDO. We can remedy that by an amend- ‘ment if it seems that there isa direct contradiction. FR. BERNAS. ‘The reason I am asking this is not to hhave a quarrel with the Committee or anybody but just for the sake of clarity. Is the Committee talking about the creation of an organic act? MR. NOLLEDO. We are talking about the passing of | an organic act, FR. BERNAS. Correct. When the legislature creates this organic act, will it be acting as a constituent as sembly or as a legislative body? . MR, NOLLEDO. In relation to that, there is @ pro- posed amendment that the Committee will present in due time, So, if the Commissioner will not mind, T will reserve my answer to that question, FR. BERNAS. Can the sponsor give us a hint as to his MR. BENNAGEN. Since the question of autonomy is 44 matter of exchanging importance to the occupants of the autonomous region, we would suggest that ail sectors of that autonomous region be involved, not only the legislature nor the elected local officials but a more ;presentative cross-section of the population should be involved, FR. BERNAS. Yes, that ig the reason I am bringing this up. This’ thing involves some rather far-reaching consequences also in relation to the issue raised by Commissioner Romulo with respect to federalism. Are ‘we, in effect, creating new categories of laws? Generally, we have statutes and constitutional provisions, Is this organic act something in between the two or is it some. thing equivalent to @ constitutional provision? If it is going to be equivalent to a constitutional provision, it ‘would seem to me that the formulation of the provisions Of the organic act will have to be done by the legisla- ture, acting as a constituent assembly, and, therefore, subject to the provisions of the Article on Amend. ments. That is the point that Iam trying to bring up. In effect, if wo opt for federalism, it would really involve an act of the National Assembly or Congress acting a8 a constituent essembly and present amendments to this Constitution, and the end product itself would be a constitutional provision which would only. be amendable according to the processes indicated in the Constitution. MR. OPLE. Madam President, may I express my personal of 1 think to require Congress to act as a constituent body before enacting an organic act would be to raise an autonomous region to the same level as the sovereign, people of the whole country. And I think the powers of Congress should be quite sufficient in enacting a law, even if it is now exalted to the level of an orgatiie act for the purpose of providing a basic law for an auto- nomous region without having to transform itsolf into a constituent assembly. We are dealing still with one subordinate subdivision of the State evon if it is now Yested with certain autonomous powers on which its own legislature can pass laws, FR, BERNAS. So, the questions I have raised so far with respect to this organic act are: What segment of the population will participate in the plebiscite? In what capacity would the legislature be ecting when it pesses this? Will it be as 2 constituent assembly or merely a logislative body’? What is the nature, therefore, of this organic act in relation to ordinary statutes and the Constitution? Finally, if we are going to amend this organic act, what process will be followed? MR. NOLLEDO. May I answer that, please, in the light of what is now appearing in our report. First, only the people who are residing in the units composing the region should be allowed to participate” in the plebiscite. Second, the oxganic act has the charac- ter of u charter passed by Congress, not as a constituent assembly, but a8 an ordinary legislature and, therefore, the organic act will still be subject to amendments in theMONDAY, AUGUST 11, 1986 condinary legislative process a8 now constituted, unless the Gentleman has another PUNPOSe, FR. BERNAS. But with plebiscite again, those who will participate in the who are directly affected, the in- stitutive of the region, MR. NOLLEDO. T plebiscite are those habitants of the anits com FR, BERNAS. $o, what I gather from that is that as fan fhe reation of the autonomous region is cone itiee is really departing from the ‘cerned, the Commit Seincple established i the Negros del Norte case, MR. OPLE. To that éxtent MR. NOLLEDO. Truly to that extent. FR. BERNAS, Thank you, Madam President. MR. NOLLEDO. Thank you, Madam President. MR. RAMA, Madam President, may 1 ask that Com- missioner Uke be recognized “THE PRESIDENT. Commissioner Uke is recognized. MR. UKA. Madam President and members of the coe lon permit me to read a portion of a paper sent Commies, oem Motte Bangsa Moro autonomy, snd Tquote: Autooomy is 20 tion of ts being # nee ease S egeune, el on of es = 7 cate now wy ed ses ht eh til tn, faerent rights and eprations wre randementah promis wig a consiatiosl grant on anda Banga Moro are: The Bangs Mor is2 aston cts distin and spaae nation fom stray Sony and deserves tis sta under Ce i ae Ci roe a dcermiation; and Wan is he Terao ie ofthe Banga Moro which eqs eon a gal and aint fanework fas he 4 raat Poa pence of separation of church and ome P fe smiley important because te Banesa slate, The air fam asthe central heme 0% only of his Moro eae ut al ober aspect of if nu the reious pet ipe anon. Hence, 4 pial fon forernment aj many is Worksbe only unde a fae. wih the Cac awronary ish shall allow she ful otk of aliens of Ue Bangs Moro in the eootext ofhis Islet culture. vy does the Bangs Moro ist on bonny? BOcaie aoe aerator pt Bef he coming 1 the in 1321, they wor aoa a sovereign ind of te Spansion, Flower, ey Wete ore nto ong independent veRepublic att they were promised juste, fe Palippi ‘omoss, But ett more than S1 yee at 183 civiens of the Philippines, they continue to be treated as second clas citizens. In spite of the Bangsa Moro's history of struggle against exploitation by the Christian msjority, they stl have con= fidence in the new government under Presiéent Aquino, in ‘whom they’ zepore their high hopes for justice and recogni- tion of their legitimate status and rights, This postive out- Took springs from the knowledge thet even the late Ninoy ‘Aquino had openly stood in support of the Bangsa Moro ‘autonomy. It is thei hope that President Corazon Aquino shall eso. stand by her late husband's conviction and ‘commitment to the cause of the Bangsa Moro, ‘Thank you. MR. RAMA. I ask, Madam President, that Com- missioner de los Reyes be recognized. ‘THE PRESIDENT. Commissioner de los Reyes is recognized. MR. DE LOS REYES. Madam President, 1 would like to differ from Commissioner Bernas" view that there is @ deviation from the doctrine in the Negros del Norte case when it comes to the creation of an autonomy. T think there is no deviation because we are only creating another form of local government and there is no portion of the territory of the nation that is being divided or separated. Therefore, only the people affected will vote. While in the Negros del Norte case, @ new province is being carved out of an existing province, which means a diminution of that coxisting provines and for which reason the whole province will vote. ‘ MR, NOLLEDO. I would like to support that theory, but it seems that the difference is very minimal. And ‘think Commissioner Bernas has a point there. However, as far as Tam concerned, I would like to support the Gentleman's theory because it really supports our report. MR. DE LOS REYES. In answer to the questions of Commissioner Treflas where he stated that the old provision in the 1973 Constitution, which makes highly urbanized cities independent of the province, is already being repealed because it is his intention again to make highly urbanized cities part of the province. In Section 166 of the Local Government Code, highly urbanized cities are cities with a minimum population of 150,000, as certified by the National Census and Statisties Office and with the latest annual income of at least P30 million, as certified by the Minister of Finance; whereas the other city is known as the component city which does not have that qualifica- tion, which means that it has 2 population of Jess than 150,000 and its annual earning is less than P30 million. 1 would like the Gentleman to know that these highly urbanized cities are better off as independent cities370 SATURDAY, AUGUST 16, 1986 APPROVAL OF JOURNAL. ‘MR. CALDERON, Madam President, I move that we approve the Joumal of yesterday's session, THE PRESIDENT. Is there any objection? (Silence) ‘The Chair hears none; the motion is approved. MR. CALDERON. Madam President, I move that we proceed to the Reference of Business. THE PRESIDENT, Is there any objection that we proceed to the Reference of Business? (Silence) The Chair hears none; the motion is approved. ‘The Seoretary-General will read the Reference of Business. REFERENCE OF BUSINESS The Secretary-General read the following Com- ‘munications, the President making the corresponding references: ‘COMMUNICATIONS Letter from former Justice Jose B.L. Reyes, Acting Chairman, Presidential Committee on Human Rights, Rizal Bldg., Ground Floor, University of Life Complex, Pasig, Metro Manila, calling attention to grave violations of tribal property ‘rights of ethnic minorities in the Mountain Province and elsewhere, saying that such violations are made possible by the Regalian Doctrine which is enshrined in the 1935 and 1973 Constitutions, recommending thereof proper modification to guarantee the protection of the rights of these ethnic minorities. (Communication No. 564 — Constitutional Commission of 1986) To the Committee on Constitutional Commissions and Agencies. Communication signed by Mr. Democrito T. Mendoza of the Trade Union Congress of the Philippines and 89 other signatories, secking inclusion in the Constitution of the proposed provision on industralization, eco- nomic protectionism and Fiipinization of the economy, (Communication No. 565 — Constitutional Commission of 1986) ‘To the Committee on the National Economy and Patrimony. Letter from Ms. Agnes Camacho and eight others of the University of the Philippines, Diliman, Quezon City, suggesting that local elective officials should serve a term of six years and that local elective officials should not be allowed to run for reelection, be it for the seme position or another, except after the lapse of six years. (Communication No. 566 — Constitutional Commission of 1986) To the Committee on Local Governments. Communication with 384 signatories with their re- spective addresses, all seeking to include in the Consti- tution a provision obliging the State to protect the life of the unborn from the moment of conception. (Communication No. $67 — Constitutional Commission of 1986) To the Committee on Preamble, National Territory, and Declaration of Principles. MR. RAMA. Madem President. ‘THE PRESIDENT. The Floor Leader is recognized. CONSIDERATION OF PROPOSED RESOLUTION NO. 470 (Article on Local Governments) Continuation PERIOD OF AMENDMENTS MR, RAMA. T move that we take up for considera- tion this morning Proposed Resolution No. 470, the revised Article on Local Governments, ‘The parliamentary status is thet we are in the period of amendments. THE PRESIDENT. Is there any objection? (Silence) ‘The Chair hears none; the motion is approved. We request the honorable Chairman, Commissioner Nolledo, and committee members, ‘Commissioners Caldezon, Tingson, Rosales, Alonto, de Castro, Benna- ‘gen, Rigos, Rezalado, Jamir and Opie to please occupy the front table, MR. NOLLEDO. Madam President, ‘THE PRESIDENT. Commissioner Nolledo is recog- nized. MR. NOLLEDO, Thank you, Madam President The revised report of the Committee on Local Governments is now embodied in Resolution No. 470, copies of which are distributed to the Members of the Commission, Last Tuesday, the Members of the Commission met in ‘caucus and discussed 2 prejudicial question on whether wwe should adopt a provision that will open the avenue towards federalism in the country, The Members of the Commission decided that only two autonomous regions shall be recognized; namely, Muslim Mindanao and the Cordilicras. So, the members of the Committee were asked to make the necessary revisions in our Committee Report Nos. 21 and 25 which are now consolidated in Resolution No. 470, I would like to explain the revised report of the Committee, We propose fo include in the 1986 Constitution an Asticle on Local Governments consisting of two parts;SATURDAY, AUGUST 16, 1986 371 namely, general provisions, and provisions on 2uto- rnomous regions. In Seotion 1 of the revised committee report, we stated that the provinces, cities, municipal- ties and barrios are the terzitorial and political sub- divisions of the Republic of the Philippines. Then we stated that there shall be autonomous regions as here- inafter provided for. So, we recognized only the prov- inces, cites, municipalities and barrios as the tentorial and politica subdivisions of the Republic of the Philip- pines and we seperated the provisions on autonomous regions because while we are mandating Congress to create autonomous regions in Muslim Mindanao and the Cordilleras, the same shall be subject to certein condi- tions, one of which — and it is very important ~ is that the creation of the autonomous region must be approved in a plebiscite by a majority of the voters of the constituent units, Im Section 2, we provided that Congress shall enact a Local Government Code and the contents of the Code are stated in this section. This isa substantial reproduc- ton of a similar provision in the 1973 Constitation, Madam President. In Section 3, we placed a provision on highly urban ized cities which considers them as independent of the province but subject to an exception that the voters of a city within the province shall not be deprived of their right to vote for the elective provincial offical, pro- vision in accordance with a resolution of Commissioner , Napoleon Rama. Jn Section 4, we reproduced a provision found in the ‘original Committee Report No. 21 ‘that sectoral rep resentation shall be recognized in legislative bodies of local governments as may be prescribed by law. In Section 5, we also reproduced a provision recom- mended in Committee Report No. 21 that the President of the Philippines shall exercise general supervision over local government units, Section 6 is also a reproduction of an identical provi- sion in the 1973 Constitution and in our original Com- mittee Report No. 21 that local govemment units may group themselves, consolidate or coordinate their efforts, services and resources for purposes commonly beneficial to them. Section 7 is actually a new provision intended to ring down centralized power into local governments. It authorizes the creation of regional development councils composed of local government officials with such ade- quate powers os may be prescribed by law, designed to accelerate the economic and social growth of local government units. This was actually recommended by Commissioner Christian Monsod. Section 8 is also a reproduction of Committee Report No. 21 about the taxing powers of local governments, and is also a reproduction of an identical provision in ‘Committee Report No. 21, We separated Section 10 from the foregoing provisions becsuse of what we consider to be an important provision, So, I read: Local governments shall be entitled to shar in the prow ‘veds of the exploitation and development of the national ‘wealth within their respective areas, ‘This was a resolution filed by Commissioners Opie, Maambong, Natividad and de los Reyes. Section 11 is also a reproduction with a slight modi- fication of a provision in Committee Report No. 21, and so the second part of the revised report covers the autonomous regions. Section 1 under the heading REGIONS” states: ‘There shall bs created autonomous mgions in Musim ‘Mindanao and the Cordillera consisting of provinces, cities, and geographical sress with common historical, cultural, linguist, ethnic, communal, economic or other character ists within the framework of and respecting the national sovereignty and territorial integrity of the Republic of the Philippines. Madam President, the Members of the Constitutional Commission unanimously decided to limit the creation of autonomous regions to Muslim Mindanao and the Cordilleras. So, such decision closed the door to the creation of otter autonomous regions. Pursuant to the observation of Commissioner Rodrigo, if thore should be other regions seeking autonomy, then they must seek such autonomy through a constitutional amendment, In Section 2, we substantially reproduced a similar provision in Committee Report No. 25 which states: "The Congsess shill enact an Organic Actin consultation ‘with rultisctoral bodies for each autonomous region, de- ‘lng the base structure of goverment for the region consisting of the regional executive department and region. a logistative assembly both of which shall be elective and representative of the constituent political units, ‘The second sentence, Madam President, is aligned with many provisions in our 1986 Constitution designed to prosorve the customs and traditions of indigenous communities. The second sentence of Section 2 reads: ‘The Organic Act may likewiso provide for courts with per tonal law aod property law jurisdiction within the autono. ‘mous region consistont with the provisions of this Const ‘ution on Judicial Power. In fact, we have already the Mustim personal law enacted by the deposed President as a decree, and we have also the creation of the Shari'a Courts. ‘The last sentence is very important: The creation of the autonomous region shall be ap- proved in a plebiscite by marty of the voters of the constituent units, Lam changing my opinion in my sponsorship speech that the majority shall be determined with respect to the entire voting population of the autonomous regions. In our new report, it will be noticed that majority of the votes cast shall be determined with respect to each constituent unit. For example; if Hligan does not like to “AUTONOMOUS372 SATURDAY, AUGUST 16, 1986 join the autonomous region based on the sentiments expressed by the voters therein, then Iigan will not form part of the autonomous region, Section 3 states: ‘The President of the Philippines shall exercise general supervision over autonomous rogions to ensure that laws are futhfully executod, ‘This is for purposes of emphasis, Section 4 reproduces substantially the extent of legislative authority within the territorial jurisdiction of each autonomous region, Actually, these words were copies from the U.P. draft. The Committce, Madam President, decided to delete the provision on authority to establish special forces in view of the persistent resistance against such provision among the Members of the Constitutional Commission. Instead we adopted ‘the amendment of Commissioners de Castro, Natividad and de los Reyes, now Section 5, which read ‘The maintenance of peace and order within the segion shall be the responsibilty of the loca police sgeacics. The local chief executive of each constituent unit shall exercise ‘general supervision over the los! police forces. The defense of the region spsinst insurgency or invasion shall be the responsibilty of the National Goverment. With respect to Section 4 in relation to Section 6, if the powers of the regional autonomous region are enumerated here and by law, it is understood that all powers, functions and responsibilities not granted by this Constitution or by law to ‘the autonomous region shall be vested in the national government. Section 7 is just implementing, in effect, Section 1 of the provisions on the autonomous regions. To make Section 1 more ‘meaningful, we mandate Congress within one year from the election of its Members to define the territorial juris- diction of, and pass the organic act for, the autonomous regions in Mustim Mindanao and the Cordilleras. Thope we have followed the guidelines set forth by this honor- able Commission in caucus tast Tuesday. The Commit- tee, Madam President, is now ready to accept emend- ‘ments to this revised report of the Committee on Local Governments. MR. RAMA, Madam President, to enable the Com- missioners with proposed amendments to discuss their amendments with the Committee, I move that we suspend the session for @ few minutes. THE PRESIDENT. Yes, we will suspend the session, but the Commissioners aro still in caucus, Therefore, we request our guests from the gallery not to intrude into the session hall. ‘Commissioner Foz is recognized, ‘MR. FOZ, Ate we going into the period of amend- ments? ‘THE PRESIDENT, Yes, after this caucus MR, FOZ. May we raise some questioris to clarify some of the provisions embodied in this new draft? SUSPENSION OF SESSION THE PRESIDENT. Will the Gentleman please pro- ound these questions to the Committee in caucus. ‘The session is suspended, Jt-was 10:01 a7, RESUMPTION OF SESSION At 10:16 aam,, the session was resumed. ‘THE PRESIDENT. The session is resumed, ‘MR. RAMA, Madam President, THE PRESIDENT. The Floor Leader is recognized. MR. RAMA. The Committee is now ready to accept amendments, May I ask that Commissioner Jamir be recognized, THE PRESIDENT, Commissioner Jamiz is recog: nized, MR. JAMIR. Thank you, Madam President. ‘My amendment is with respect to the second sentence of Section 1, I move that it be deleted for being super- fluous because, at any rate, the autonomous regions are already named and provided for in the portion under the heading “Autonomous Regions.” In the second place, I believe that the wording of the Girst sentence is quite ambiguous in the sense that it might be interpreted to authorize the creation of addi- tonal autonomous regions pattemed after the Cor dilleras and Musiim Mindanao, Theard the honorable Chairman state that the words “hereinafter provided” in the sentence I am asking to be deleted refers to these two regions. So, it is obvious that this sentence is already superfluous. May I know the response of the Committee? MR. NOLLEDO. With due respect to the observations of the Gentleman, the purpose of stating “There shall be autonomous regions as hereinafter provided” is to complete the image of the local government structure of the entire country. We really are manifesting that it is the sense of the Committee that there are only two autonomous regions to be recognized: namely, Muslim ‘Mindanao and the Cordilleras, ‘That is why we did not put that in the first sentence because there are certain conditions to be complied with in the creation of autonomous regions, So, the Committee regrets that it cannot accept the amendment because the entire image of the entire373 SATURDAY, AUGUST 16, 1986 structured system of local governments will no longer be reflected MR. JAMIR. If that is so, we can just add the phrase AUTONOMOUS REGIONS after the word “barrios” as ‘they appear in the original version, without putting it in a separate sentence, MR. NOLLEDO. If the Gentleman does not mind, the reason we did not include that in the first sentence is that autonomous regions are to be created by Con- ‘gress, subject to certain conditions. Suppose those conditions are not complied with, then we do not con- sider the autonomous regions as political subdivisions of the Republic of the Philippines. ‘The first sentence connotes, moze or less, the regu- Jarly constituted political units. We can submit the amendment of the Gentleman to the body for voting, MR, JAMIR. All right. MR. NOLLEDO. Thank you. Madam President, the question is whether to delete the second sentence of Section 1. FR. BERNAS. Madam President. THE PRESIDENT. Commissioner Bemas is recog: nized, FR. BERNAS. Before we vote, may T ask one clarifi- catory question, THE PRESIDENT. Commissioner Bernas may pro- coed. FR, BERNAS. Is it then the sense of the Committee that besides recognizing the Cotdilleras end Muslim Mindanao as autonomous regions, Congress is prohibited from creating other autonomous regions? MR. NOLLEDO. Yes, Madamn President. I said that we are adopting the Rodrigo observation during the caucus that if there should be other regions aside from ‘Mustim Mindanao and the Cordilleras which would lzke to create themselves into autonomous regions, ‘they should seek a constitutional amendment, FR. BERNAS. They should seek a constitutional amendment? MR. NOLLEDO. Yes, Madam President. ‘THE PRESIDENT. The body is now ready to vote on the amendment, MR. NOLLEDO. The question, Madam President, is whether or not to delete the second sentence of Section 1 ‘THE PRESIDENT. And this reads: “There shalt be autonomous regions as hereinafter provided.” That is the second sentence, is that not correct? MR, NOLLEDO. Yes, Madam Presid VOTING THE PRESIDENT, As many as are in favor of the proposed amendment of Commissioner Jamit, please raise their hand. (Few Members raised their hand.) As many ‘as are against, please mise their hand. (Several Members raised their hand.) ‘The results show 8 votes in favor and 15 against; the amendment is lost. MR, RAMA, Madam President, I ask that Com ‘missioner Davide be recognized to amend Section 1 ‘THE PRESIDENT, Commissioner Davide is recog: nized. ‘ MR. DAVIDE. Thank you, Madam President. My first amendment would be on the title, It is just to add “S” to “GOVERNMENT” and the words AND AUTONOMOUS REGIONS. So, the title of the Article will be “LOCAL GOVERNMENTS AND AUTO- NOMOUS REGIONS,” MR. NOLLEDO. The Ci ment. nittee accepts the amend- THE PRESIDENT. Let us put that amendment to a vote, MR. DAVIDE. I will not insist on my amendment to Section 1 because Commissioner Maambong would be presenting his; I will follow later. MR. RAMA. May I ask that Commissioner Padilla be recognized to amend Section 1? MR, NOLLEDO. Madam President, we should ask the body if they have any objection to the Davide amend- ment. ‘THE PRESIDENT. Let us proceed on that, first MR. PADILLA. Madam President. THE PRESIDENT, Commissionor Padilla is recog: nized, if he will speak on this proposed Davide amend- ment. * ‘MR. PADILLA, Yes, Madam President, by changing the tile to “LOCAL GOVERNMENTS AND AUTO- NOMOUS REGIONS,” it may give the impression that autonomous regions are not local governments. So, I have no objection to making “GOVERNMENT” plural374 SATURDAY, AUGUST 16, 1986 but not to add “AUTONOMOUS REGIONS" because this is an Article on Local Governments, MR. DAVIDE, Madam President, may Ibe allowed to explain? ‘THE PRESIDENT, Is Commissioner Padilla through? MR. PADILLA, Yes, Madam President, THE PRESIDENT. Commissioner Davide may pro- ceed, MR. DAVIDE. The reason we should include AND AUTONOMOUS REGIONS in the title is thet the title must embody the contents of the succeeding sections. Indeed, we have a new subtitle with the words “AUTO- NOMOUS REGIONS.” It would not necessasily follow that autonomous regions will not be considered political units. Section 1 under the general provisions defines what are really the gencral classification of local govern- ments, Under the subheading “AUTONOMOUS RE- GIONS,” we especially recognize two autonomous regions. So, the title will not be misleading if it would be “LOCAL GOVERNMENTS AND AUTONOMOUS REGIONS.” MR. RAMA. There aro no more registered spoukers fon the same subject s0 we can go into a vote, MR, NOLLEDO. Madam President, the Davide amendment is objected to by Commissioner Padilla, and so it should be put to a vote. VOTING THE PRESIDENT. As many. as are in favor of the Davide amendment, please raise theie hand, (Several Members raised theit hand.) As many as are against, please raise their hand. (Few ‘Members raised their hand.) ‘As many as are abstaining, please raise their hand, (Three Members raised their hand.) ‘The results show 12 votes in favor, 9 against and 3 abstentions; the amendment is approved. MR. RAMA. May I ask that Commissioner Padilla bbe recognized to propose an amendment on Section THE PRESIDENT. Commissioner Padilla is recog: nized. MR. PADILLA, The first sentence is a transposition in the form of Section 1, Article XI of the 1973 Consti- tution, which reads: ‘The territorial and political subdivisions of the Phiip- pines are the provinces, cites, municipalities and batios. ‘The same wording was used in the committee report, but the clauses were merely transposed, Section 1 of the proposed resolution reads: ‘The provinces, cities, municipalities and barrios are the territorial and political subdivisions of the Republic of the Philippines, So, I suggest that we readopt Section 1 of the 1973 Constitution which is a matter of form, ‘THE PRESIDENT. What does the Committee say? MR, NOLLEDO. Madam President, we gladly accept the amendment because it has become more emphatic. MR. PADILLA. It is only a transposition, Madam President. THE PRESIDENT. The proposed amendment of ‘Commissiosier Padilla on Section J has been accepted by the Committee. Is there any objection? (Silence) The Chair hears none; the amendment is approved. MR. PADILLA. Madam President, the second sen- tonco reads “There shall be autonomous regions as herein provided.” 1 suggest that it be reworded as follows: THE CONGRESS SHALL AUTHORIZE TWO AUTONOMOUS REGIONS AS HEREINAFTER PRO- VIDED,” instead of saying, “there are" or “there shall bbe" autonomous regions, ‘THE PRESIDENT. Is the amendment accepted by the Committee? MR. NOLLEDO. We regret, Madam President, that we cannot accept the amendment because Commis- sioner de Castro will asi us whether Muslim Mindanao will constitute only one autonomous region. We made 2 statement before that there may be two or more auto- nomous regions in Muslim Mindanao as the Congress may provide. So, while we mention Muslim Mindanao as only one atitonomous region, the meaning is that Congress may decide to create two or more autonomous regions out of Mindai MR. PADILLA. To make clear that autonomous regions are limited to Muslim Mindsnao and the Cor. illeras and not any other autonomous regions, I suggest that the provision will read: THE CONGRESS MAY AUTHORIZE AUTONOMOUS REGIONS IN MUSLIM MINDANAO AND CORDILLERA AS HEREINAFTER PROVIDED. MR. OPLE, Madam President. ‘THE PRESIDENT. Commissioner Ople is recognized. MR. OPLE, May I put a question to the Committee concerning the Padilla amendment?SATURDAY, AUGUST 16, 1986 ‘THE PRESIDENT. The Gentleman may proceed. MR, OPLE. Thank you. I it the intent of the Committee that the creation of the tWo autonomous regions is actually delegated to Congress? Or is it to be done under the heading of “LOCAL GOVERNMENTS AND AUTONOMOUS REGIONS” right in the Constitution, although man- dating Congress to pass the cnabling laws and the organic acts to implement this action of the Constitu- tion? MR, NOLLEDO. It is the understanding of the Committee that the Members of the Commission in caucus intonded to mandate Congress to create the avto- nomous regions ia Muslim Mindanao and the Cor dilleras, So, the Constitution itself provides that there shall be autonomous regions in Muslim Mindanao and the Cordilleras and that Congress shall pass the necessary organic acts, ‘MR. OPLE, Yes, but is the act or the creation by the Constitution denied by the Committee? MR. NOLLEDO. It is, in effect, a constitutional creation because we are authorizing Congress to enact the organie acts for Muslim Mindanao and the Com dilleras. MR, OPLE. That intent seems to be clear now. ‘Thank you, Madam President, MR, DE CASTRO, Madam President. - ‘THE PRESIDENT. Commissioner de Castro is recog- nized, MR. DE CASTRO. Thank you, Madam President. At the start of our session this morning, I requested the Floor Leader that I be given an opportunity to speak, for the information of the body, on the matter of the autonomous region in Muslim Mindanao, and this is basic because it will run through from Section 1 up to the end of this committee report. Our caucus definitely decided that there must be autonomous regions only in Muslim Mindanao and the Cordilleras. However, when we Took at Muslim Mindanao, there are two regions which are not the same, having different dialects and some- times different customs; and one region would not like to be dominated by another region. | am talking ‘of the Tausugs and the Maranaws, The Tausugs are in the Province of Sulu and the Maranaws, in Lanao del Norte, Lanao del Sur, and the surrounding areas. It will be very, very difficult to form only one autonomous region in these areas because the two Muslim azeas do not agroe with each other. So, I was recommending to the Committee — and I talked with Commissioner Alonto — that it is necessary to create two autonomous 375 regions in Muslim Mindanao; one in Sulu, the Tausugs, and the other, the Maranaws, On the Cordilleras, during our meeting in the Com- mittee on Local Governments, it was clear to my mind ‘that the Kelinge-Apayaos are not in favor of autono- ‘mous region while the others are in favor. In fact, those ‘we invited as our honored guests do not agree with each other, Ido not know how the Committee came out with the decision to create an autonomous region in the Cordilleras when there are two big factions that are not of the same opinion. May we clarify this? MR. NOLLEDO. Commissioner Alonto would like to clarify, Madam President. THE PRESIDENT. Commissioner Alonto is recog- nized. MR, ALONTO. Madam President, the statements of the honorable Commissioner are both partly correct and partly wrong. In the case of Muslim Mindanao, the reason we specifically stated in this Constitution “Muslim Mindanao” is that these different ethnic groups, presently the Muslims in Mindanao, are agreed fon one definite discipline, the discipline of Islam. What- ever the tribe any of these ethnic groups in Mindanzo belong to is completely in agreement at least on the basie principles of Islam. That is the reason we grouped them together as Muslim Mindanao. As fer as grouping them into different territorial autonomous regions is concerned, that is left to Congress. So, the subsequent Congress will determine which of these ethnic groups could be grouped together by reason of geography, by reason of Ioeal castoms or by any other reason for that matter. MR, DE CASTRO. Do I understand then that Congress may create two autonomous regions in Muslim ‘Mindanao? MR. ALONTO. It depends upon Congress in the sense that, if i is not possible, for example, by reason of geo- ‘graphy to create ono solid autonomous region for the Muslims of Mindanao, Congress has the leeway under this constitutional provision fo create two or more, MR, DE CASTRO. That is with regard to the Mustim dominated area of Mindanao. What about the Cor- dilleras? MR. ALONTO, In accordance with the spirit of these constitutional provisions, I think that will also be similar to the Cordilleras although I would prefer thet Com- missioner Bennagen explain that to the Gentleman, MR. DE CASTRO. I brought up this matter because of the amendment of Honorable Padilla on the second sentence of Section | where he Stated that there shall be two autonomous regions. This will limit Congress