BBL IN SENATE - Hearing With Peace Council, May 5, 2015

Republic of the Philippines
CONGRESS OF THE PHILIPPINES

SENATE
Pasay City
COMMITTEE ON LOCAL GOVERNMENT
JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES
DATE
Tuesday, May 5, 2015
TIME
10:00 a.m.
VENUE
Sen. Ambrosio B. Padilla Room

2nd Floor, Senate of the Philippines
Financial Center, Roxas Boulevard, Pasay City
AGENDA
Senate Bill No. 2408 An Act Providing for

the Basic Law for the Bangsamoro and
Abolishing the Autonomous Region in Muslim
Mindanao, Repealing for the Purpose Republic
Act No. 9054, Entitled An Act to Strengthen
and Expand the Organic Act for the
Autonomous Region in Muslim Mindanao, and
Republic Act No. 6734, Entitled An Act
Providing for an Organic Act for the
Autonomous Region in Muslim Mindanao, and
for Other Purposes (by Senators Drilon,
Sotto, A. Cayetano, Legarda, Recto, Ejercito,
Binay, Escudero, Aquino, Angara, P. Cayetano,
Honasan and Guingona)
ATTENDANCE
SENATORS PRESENT:
Hon. Ferdinand Bongbong Marcos Jr.
Hon. Francis Chiz Escudero
- Chairman, Committee on
Local Government
- Member
COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND
CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES
Page 2
GUESTS/RESOURCE PERSONS:
Rev. Fr. Orlando B. Cardinal Quevedo-Citizens Peace Council; Archbishop
Cotabato City
Rev. Fr. Joel E. Tabora
- Representing His Eminence Luis
Antonio Cardinal Tagle, Citizens
Peace Council; President,
Ateneo de Davao University
Hon. Hilario G. Davide Jr.
- Citizens Peace Council; Former
Chief Justice, Supreme Court
Mr. Cayetano W. Paderanga Jr.
- Representing Mr. Jaime Augusto
Zobel de Ayala, Citizens Peace
Council; Former Secretary, National
Economic and Development Authority
Mr. Edilberto C. de Jesus
- Citizens Peace Council; Former
Secretary, Department of Education
Prof. Moner Bajunaid
- Citizens Peace Council; Consultant,
International Organization for
Migration (IOM)
Ms. Victoria P. Garchitorena
- Citizens Peace Council; Former Head,
Presidential Management Staff
Ms. Bai Rohaniza Sumndad-Usman - Citizens Peace Council; Founder,
Teach Peace, Build Peace Movement
Atty. Christian Monsod
- Citizens Peace Council;
Constitutionalist
SENATORS STAFF:
Atty. Luzviminda D. Lavarias
Atty. Jose R. Cadiz Jr.
Mr. Julius Palamos
Ms. Shiela Mae Enriquez
Ms. Marivic Ching
Ms. Charlotte Franco
Mr. Ronnie Calumpita
Ms. Zheanne Aeson M. Dantis
Atty. Jason Co
Ms. Kristela Castronuevo
Ms. Paola Deles
Mr. Brian See
O/S
O/S
O/S
O/S
O/S
O/S
O/S
O/S
O/S
O/S
O/S
O/S
Marcos
Marcos
Marcos
Marcos
Marcos
Escudero
Escudero
P. Cayetano
A. Cayetano
Recto
Aquino
Legarda

COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND
CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES
Page 3
Ms. Chynna Lacuna Pangan

Mr. Doni Capuyan
Mr. Abel Maglanque
Ms. Regine Tenorio
Atty. Katrina Bianca T. Tamayao
Mr. Fabs Lapada Jr.
Ms. Rizza Calimag
Ms. Ron Reyes
O/S
O/S
O/S
O/S
O/S
O/S
O/S
O/S
Legarda
Osmea
Santiago
Santiago
Villar
Binay
Binay
Guingona
SENATE SECRETARIAT:
Ms. Assumption Ingrid B. Reyes
Mr. Elpidio A. Calica
Mr. Guillermo E. Sapinoso Jr.
Ms. Cristina D.C. Astrero
Ms. Christine M. Nery
Ms. Jocelyn A. Dela Cruz
Ms. Cleofe P. Caturla
Ms. Cindell B. Gealan
Ms. Jeanne M. Baisa
Mr. Felipe A. Dahino
Mr. Daniel D. Diamzon
Mr. Clinton S. Martinez
Mr. Eric Jalandoon
Mr. Emerson Carreon
Mr. Ronnie Cabaero
Mr. Alfonso Beltran
Mr. Teddy Fernandez
Mr. Elvis Diaz
- Legislative Committee Secretary

Committee on Local Government
- Legislative Committee Secretary
Committee on Peace, Unification and
Reconciliation
- Committee Stenographer
- Committee Clerk
- Committee Clerk
- STSRO
- Legislative Page
- Legislative Page
- Legislative Page
- OSAA-SES
- OSAA-SES
- Audio Operator
(For complete list, please see attached Attendance Sheet.)

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May 5, 2015
10:21 a.m.
1
AT 10:21 A.M., HON. FERDINAND BONGBONG

R. MARCOS JR., CHAIRMAN OF THE COMMITTEE ON
LOCAL GOVERNMENT, CALLED THE HEARING TO
ORDER.
THE CHAIRMAN (SEN. MARCOS).
Good morning ladies and
gentlemen.
The hearing of the Committee on Local Government joint with
the Committee on Peace, Unification and Reconciliation; the Committee
on Constitutional Amendments and Revision of Codes, of Tuesday, fifth
of May 2015, is called to order.
I would like to acknowledge the presence of Senator Chiz
Escudero and our resource persons who constitute some of the
members of the Citizens Peace Council. And it is precisely, the agenda
today is the report that the peace council has prepared and has
formally handed over to the Senate. You had witnessed it, the press
have witnessed it, the handover to the Senate President and once
again in the hearing room just moments ago.
So I would like to acknowledge for the record the presence of
different individuals who constitute the membership of the Citizens
Peace Councilthe former Chief Justice, Hilario Davide Jr.; Father Joel
Tabora, the president of the Ateneo de Davao University who is
representing His Eminence Luis Antonio Cardinal Tagle; Bai Rohaniza
Sumndad-Usman, the founder of Teach Peace, Build Peace Movement;
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the former NEDA Secretary, Secretary Cayetano Paderanga, who

represents today Mr. Jaime Augusto Zobel de Ayala, the chairman and
CEO of Ayala Corporation; the former secretary of Education and
presently the president of the Asian Institute of Management,
Secretary Edilberto de Jesus; Professor Moner Bajunaid; and Ms.
Victoria Garchitorena who is the former PMS head.
Welcome to the Senate, ladies and gentlemen.
I understand from Chief Justice Davide that the presentation that
they will be making today has been organized into four subjects for
which clusters have been organized within the peace council.
So perhaps, I would yield the floor to Chief Justice Davide for,
maybe, an outline as to how you would like to conduct the briefing.
MR. DAVIDE. Yes, Mr. Chairman and Honorable Escudero.
There will be an opening statement to be delivered on behalf of
Cardinal Tagle by Father Tabora. And after that, Cluster 1, chaired by
this representation, will make the report for Cluster 1.
Then for
Cluster 2, on Economy and Patrimony, Mr. Jaime Augusto Zobel de

Ayala will be represented by Dr. Paderanga. Then for the chapter on
justice and human development, we will have the youngest member of
the peace council, Bai Rohanisa Usman.
And finally, Cluster 4,
represented by Dr. De Jesus, he was a co-chair of the cluster.

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So afterwards, we will propose that all of them should first be

heard before any interpellation can be made so it would be a little
faster movement.
So may I request that Father Tabora be recognized for the
opening statement?
THE CHAIRMAN (SEN. MARCOS). Thank you, Chief.
Father Tabora, please, for your opening statement.
MR. TABORA. Mr. Chairman and Senator Chiz.
Only a year ago, our government and the Moro Islamic Liberation
Front signed the Comprehensive Agreement on the Bangsamoro.
Amidst much celebration, the public and the media, we might recall,
welcomed the end to war that it promised. Much has happened since
then. A working group prepared a draft legislation which was awaiting
review by Congress. Sadly, the Mamasapano incident which cost the
lives of combatants and civilians including an eight-year-old girl,
reawakened suspicions about the Muslim Filipinos and derailed the
peace process.
Congress decided to stop its deliberations on the
Bangsamoro Basic Law as some members raised questions about the

sincerity of the MILF to abandon its insurgency.
On March 27th, President Benigno Aquino III invited five of us to
gather other independent-minded Filipinos to study the Bangsamoro
Basic Law to see how we could help clarify the many issues
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4
surrounding it.
Realizing the critical importance of the BBL to the
peace and development of Mindanao as well as to the peace and

development of the entire Philippines, we readily accepted the
challenge.
Although we came from different fields of endeavor, we
were united in our desire for peace and believe that we should give its
every instrument a chance to prosper.
This will require an effort to
understand the provisions of the BBL in the context of the history of

the insurgency waged by the MILF against the government and to
consider whether this law could effectively address the causes of
conflict.
We would then give our views on the BBL and help move
forward the stalled peace process.

Cognizant of our limitations, we invited other leaders from
various sectors to join us as co-convenors and they in turn asked
others to come forward to undertake an independent evaluation of the
BBL provisions. We decided to focus only on contentious issues. We
were committed to seeking common ground.
In all, 136 Filipinos,
Christians, Muslims and indigenous peoples, including religious leaders,

civil society representatives, deans of law schools, businessmen and
three of the framers of the 1987 Constitution came forward to
contribute their knowledge, experience and wisdom to the discussions.
We are truly grateful to all of them for their time, their sharing and

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5
their goodwill and have included all their names in an annex to our
report.
We divided ourselves into clusters and reviewed the BBL along
these four themes:
first, constitutionality, forms and powers of
government; second, economy and patrimony; third, social justice and

human development; and, fourth, peace and order and human
security.
We held separate cluster meetings over a span of two weeks and
held a five-hour plenary on April 18th. As Ambassador Dee described
it, the plenary was an avenue for dialogue between and among
independent-minded
citizens
who
believe
in
the
importance
of
understanding the BBL and discussing its implications for peace and
development in our country in a calm and reasonable manner.
We
took time to learn from previous studies and from resource persons
who presented views informed by years of studying and attempting to
resolve the issues. We recognized some controversial aspects of the
draft but we also shared the view that the legislation for autonomy
requires a search for compromise and consensus. The entire process
involved the freewheeling exchange of ideas and views asking hard
questions,
seeking
clarification,
engaging
in
debate
and
argumentation.

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6
Overall, we agreed that the BBL is overwhelmingly acceptable

and deserves the support of all Filipinos.
On the few provisions that needed some refinement, we offer our
recommendations.
The BBL seeks to implement the constitutional
mandate for autonomy enshrined by the 1987 Constitution.
This
process began with the good faith effort of the government to establish
the Autonomous Region of Muslim Mindanao.../jun

AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
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1
MR. TABORA.
of Muslim Mindanao.
To a large extent, the
grant of autonomy within the framework of national sovereignty had

prevented conflict from getting out of hand.
Clearly, autonomy and
peace and development, all constitutional mandates have become

inseparable.
We also realized that the BBL will bring benefits that will redound
not only to the Bangsamoro but to all Filipinos.
Mindanao holds the
nations untapped but already threatened resources. The potential for

development in that region will mean greater productivity for all. The
exercise has brought home to us the conviction that the BBL should be
passed; that to set it aside now would be imprudent and wasteful of
previous efforts. Peacemakers on both sides have spent no less than
17 years to bring us to this juncture. There is enough goodwill on both
sides, to bring this agreement to its conclusion, one that would renew
and refresh communities in the most deprived regions of the country
with a genuine fresh start.
So many others, some eminent public figures, others less known,
have given their time to this struggle for peace. They have engaged in
dialogue and discussion to bring their issues to the table to find
common ground.
At no other time has so much political will been
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2
invested in the peace process. It seems unwise for us to end this now
and try to restart in an indefinite future.
Before the plenary was adjourned, Cardinal Orlando Quevedo
graced the meeting and offered his own insights.
He also offered a
partnership between his pro-peace group, the Friends for Peace, with
the members of the Council and encouraged us to reach out to other
groups with the same objectivespeace and development for all
Filipinos. Indeed, we saw our effort only as one of other citizen efforts
and those of government, some larger than our own whose work has
been more arduous, taking longer than our own.
We submit our report as our contribution to the search for peace
in Mindanao and in our country. We will communicate what we have
learned and make available the reading materials we reviewed.
We express in the report our support for the passage of the BBL
together with our recommendations on a few provisions. We hope that
the Congress and our people can overcome their prejudices.
We
cannot pursue peace on the basis of mutual fear and distrust. All of us
must undertake an active search for justice, truth, respect, love and
peace. We will exert all efforts in disseminating our findings, assuring
everyone of the independence of the process. We do so with trust and
faith that other citizens like us will decide that the Bangsamoro Basic
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3
Law places peace within our grasppeace for Mindanano and peace for
all Filipinos.
Thank you, Mr. Chair.
THE CHAIRMAN (SEN. MARCOS). Thank you, Father Tabora,
for the opening statement.
Perhaps, now, we can proceed to the first cluster which is to do
with constitutionality and I think that the former Chief Justice Hilario
Davide will be the one who will take us to the points on that subject in
the report of the councils.
So, Chief Justice, please.
MR. DAVIDE.
Thank you very much, Mr. Chairman, and
Honorable Escudero.
Shalom! A very peaceful morning to all of us. Let me forthwith
express our profound gratitude to you honorable Chairman for inviting
us the Citizens Peace Council and to hear us on our final report.
I was designated chairman of Cluster 1 which was assigned to
study the proposed BBL and Senate Bill No. 2408 and House Bill No.
4994 and to focus on the principal issues concerning or relating to
constitutionality, form and powers of government and to plebiscite.
The cluster took special note of the fact that the proposed Bangsamoro
Basic Law (BBL) which is envisioned to fulfill one of the most significant
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4
mandates of the 1987 Constitution is being questioned and threatened

with
an
abrupt
Constitution.
end
with
arguments
that
it
contravenes
the
The cluster members conducted a review of the
numerous position papers, studies and statements presented and

circulated both by those who are opposed to the BBL and those who
are defending the BBL.
Shifting through the different positions, the
cluster then identified key contentious issues that need to be examined

and addressed.
The task was difficult and challenging for both
oppositors and supporters articulated the respective positions with

strong arguments.
As to Senate Bill No. 2408, we have to immediately consider the
fact that it is authored and introduced by 13 senators or a majority of
the Senate already headed by our Senate President Franklin Drilon and
the Honorable Senators Sotto III, Alan Peter Cayetano, Legarda,
Recto, Ejercito, Binay, Escudero, Aquino IV, Angara, Pia Cayetano,
Honasan II and Guingona III. Since all of them are presumed to be
fully convinced that the BBL suffers from no constitutional infirmity,
the cluster could have forthwith closed the chapter, yes, he has all the
chapters of each study.
But it could not for it had before it the
counterpart House Bill No. 4994, authored and introduced by only 17,
headed by Honorable Speaker Belmonte Jr., of the more than 300
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5
members of the House of Representatives.
The cluster had has to
move forward relentlessly up to the end.

The Senate also has given the Citizens Peace Council and its
Cluster 1 immeasurable joy.
Its report is heard first by this
Committee. It is chaired by a highly respected chairman who is more

popularly known throughout the Philippines as Senator Bongbong
Marcos.
It could be purely serendipity, Mr. Chairman, that the draft
BBL the Committee will now deliberate vis--vis the report of the
Citizens Peace Council can now have a new historic meaning of
transcendental significance.
The meaning is Bongbong Law or
Bongbongs legacy.
Let me now take up my assigned task.
Major findings.
The clusters meticulous analysis of the major
contentious issues on the BBL in light and on the basis of the

interrelated propositions constituting the framework of the discussions
which I shall take up later on led to the following major findings:
One, the BBL does not vest state status to the Bangsamoro
government.
The
provisions
on
people,
territory
and
self-
determination are not vestiges of a separate state but are consistent

with the constitutionally mandated creation of autonomous regions.
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Second, the Bangsamoro government, parliamentary in form, as

constituted in the BBL, is compliant with the requirements of the
Constitution.
The government with an executive department and
legislative assembly has offices that are elective and representative of

the constituent political units.
Third, the intergovernmental relations between the national
government and the Bangsamoro government are consistent with the
allocation of powers mandated by the Constitution.
It defined
relationship between the national government and the Bangsamoro

government embodies the essence of genuine autonomy based on
principles of subsidiarity and solidarity.
Fourth,
the
Supreme
Court
and
the
constitutional
bodies
continue to maintain the powers that are given them under the
Constitution.
There is neither substitution nor diminution of powers
intended or effected by the creation of the Bangsamoro human rights

auditing, civil service and electoral offices.
Fifth and finally, the plebiscite requirement of the BBL adheres to
the provision of the Constitution on the process for creation of the
autonomous region.
Now, our basis for the findings which I shall explain/cda
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1
MR. DAVIDE.
which I shall explain in seriatim.
There are several objections to BBL provisions on people,

territory, and self-determination because of the fear of an intended or
unwitting creation or recognition of a separate Bangsamoro state. The
cluster finds no basis for such fear.
First, defining a Bangsamoro people does not create a new
citizenry or nationality. The definition of the Bangsamoro People in
the BBL is only an affirmation of identity, not a definition of citizenship
in the Bangsamoro area. The word peoples is used as a descriptive
term
with
respect
to
the
indigenous
Bangsamoro people is a part.
peoples
of
which
the
There does not appear to be any
indication or intent to create a new kind of citizen.
The non-
Bangsamoro do not lose civil or political rights, and qualifications for

candidacy and the Bangsamoro do not require identification as a
Bangsamoro people.
Where the term citizen may be interpreted as restrictive as in
the case of the Social Justice provision (Article IV, Section 7), the term
constituent or inhabitant may be applied in its stead. In that case,
the BBL provisions describing a Bangsamoro people may stand
without need of clarification.
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Second, defining a Bangsamoro territory does not create or imply

an independent state.
ordinary parlance
jurisdiction.
The word territory whether in legal or in
means generally an area under a particular
An area with its own defined area, jurisdiction or rules
does not make that territory independent from its parent state. It is
used to describe trust territories, incorporated and unincorporated
territories,
occupied
territories,
non-self-governing
territories,
dependent territories or external and internal territories, each with

varying
degrees
of
powers
and
independence
and
historical
antecedence.
The Constitution describes provinces, cities, municipalities and
barangays
as
territorial
subdivisions and
describes
adjacent
territories of legislative districts. The Local Government Code frequently

refers to the areas of local government units as territories. Article X,
Section 20 of the Constitution speaks of the territorial jurisdiction of
the autonomous regions.
As with the current ARMM Organic Act, there is even a
declaration in the BBL that the Bangsamoro territory shall remain a
part of the Philippines. This is an unequivocal rejection of the idea of
statehood.
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However, as regards the opt-in provisions of contiguous

territories, the core Bangsamoro territories should not be allowed to
increase indefinitely by the periodic vote of 10 percent of registered
voters in the outer territories. The establishment of a plebiscite that
fixes the territory is a congressional prerogative that cannot be
delegated.
A perpetual opt-in provision makes the Bangsamoro territory
indefinite and keeps the organic act in constant flux.
Since the
creation of an autonomous region, including the definition of its

territory, is the sole function of Congress, such changes of territory
that establishes the limits of the region requires the specific acts of
Congress. An indefinite opt-in provision would be an undue delegation
of legislative power to a possible erratic 10 percent of an indeterminate
population.
For purposes of clarity, it is therefore recommended that
references to the opt-in provisions in Article III, Section 3, and Article
XV, Section 4 be deleted. With the deletions, the definition of the
Bangsamoro territory in the BBL may stand.
Third, the right of self-determination is a right of all peoples and
is not equivalent to the right to statehood. Its claim and use in the BBL is not a
promise of secession but a declaration of a right all Filipinos possess.
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The Constitutional promise to the Muslim Mindanao and the Cordilleras

of their own autonomous region is itself recognition of the need for the
peoples identified therein to exercise differently their own right to selfdetermination as part of the larger Filipino nation.
The term self-determination was popularized around the early
20th century when there were increasing moves to decolonize. It is
within the era of decolonization that self-determination implied
secession. Outside of decolonization, there is no such link. Selfdetermination is therefore generally understood to mean what our
Supreme Court has recognized as internal self-determination.
While
international law recognizes the right to self-determination of peoples,

there is no right to statehood, and there is no right to secession. As
international law encourages peoples to determine their identity, it also
frowns upon the destabilization of states and breaches of international
peace that would occur if there was constant internal struggle to
secede, and where groups of peoples can be formed based not only on
religion, but on race or ethnicity, or any other criteria.
Thus, the BBL provision may stand without need of clarification.
The parliamentary form of government for the Bangsamoro is
permitted by our Constitution. The prescribed unitary and Presidential
form of government established in the Constitution refers to the
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national
government.
When
it
comes
to
the
government
of
autonomous regions, however, the Constitution only requires that it

shall consist specifically of the executive department and legislative
assembly, both of which shall be elective and representative of the
constituent political units. This is met in the BBL even though the Chief
Minister of the Bangsamoro government is elected by the Bangsamoro
parliament and not directly by the electorate, as there is no
requirement in the Constitution that the autonomous regions chief
executive be directly elected by the electorate. In fact, Congress may
provide a different government structure within all local government
units. The Constitution only requires Congress to enact a local
government code which shall provide for a more responsive and
accountable local government structure instituted through a system of
decentralization.
What
structure
is
more
responsive
and accountable is left to the wisdom of legislature.

However, there are provisions to the parliamentary form of
government that need some refinements. (1) There is a need to
harmonize the use of terms. In Article IV, Section 2, the BBL provides
that the Bangsamoro Government shall be parliamentary. In Section 3 of the
same article,
however, the BBL uses the term, ministerial form of
government. So also in No. 57 of Section 3, on exclusive powers, of

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Article V on powers of government, To avoid any confusion and

possible
misinterpretation,
ministerial
be
dropped
it
and
is
recommended
replaced
with
that
the
parliamentary
term
for
consistency and clarity.

Second, the BBLs Article VII, Section 34 provides for the call for
a new parliamentary election upon a two-thirds vote of no confidence
of all members of parliament against the government of the day.
While this may be one of the models of the parliamentary form of
government, it may mean the holding of elections for the Bangsamoro
parliament every time there is no confidence vote, that is not later
than 120 days from the date of dissolution. This will run counter to the
constitutionally
mandated
synchronization
of
national
and
local
elections, which, as held in the recent decision in Abbas Kida versus

Senate should include the ARMM elections, as it is a local election
based on the wording and structure of the Constitution.
To address this, it is recommended that the vote of no
confidence must affect the government of the day, not the parliament,
so that parliamentary elections in the Bangsamoro can be synchronized
with other national and local elections. In this connection, the issue of
separation of church and state may arise. Passing the BBL does not
constitute establishment of religion, much less enforce one upon
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Filipino citizens. The creation of an autonomous Muslim Mindanao or

the use of a Wali as a titular head of the Bangsamoro does not
violate the principle of separation of Church and State.
Muslim
Mindanao is a term used in the Constitution to describe the

autonomous region and as a proper recipient of government money as
a government unit.
It is meant to be as descriptive as the term
Christian majority is used to describe the rest of the country. The

BBL actually secularizes/cmn
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10:51 a.m.
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MR. DAVIDE. The BBL actually secularizes the name further by

using the word Bangsamoro with more emphasis on their historic
character than as a religious one.
And Wali is not required to be a
religious person, and as described or defined, is as much a guardian or

head. As it is, our Constitution does not prevent priests from holding
public office, only that there are no religious sectors.
I will now present the discussion of the cluster on the issues
relating
to
intergovernmental
relations
between
the
central
government and the Bangsamoro government.

The
powers of government are classified in the BBL as: (1)
those that are reserved to the central government; (2) powers that are
concurrent between the central government and the Bangsamoro
government; and (3) powers that are exclusive or devolved to the
Bangsamoro government. This allocation of powers is consistent with
the mandate of the Constitution. The recommendations of the cluster
only pertain to minimal provisions and additional wordings.
The grant of exclusive powers to the Bangsamoro government is
not tantamount to a superior Bangsamoro government or a weakened
central government. It only refers to powers that are devolved to the
Bangsamoro government, which remains under central government,
but as an autonomous region. To remove such misunderstanding, the
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title of the Section on exclusive powers may be amended to read:

Section 3. Exclusive and Devolved Powers. This will emphasize that
the source of this exclusivity is devolution of powers.
The difference with respect to the creation of autonomous
regions is the constitutional right to greater delegated powers with
more freedom to use it, not as compared to the national government
but as compared to other political subdivisions. Since the Constitution
does not allow the creation of any other state or the secession of any
peoples, the BBL provisions can imply nothing more than internal
organization and creation of the Bangsamoro nation as an internal
subdivision of the State with designated powers. Congress would have
no authority to do anything more.
Intergovernmental relations in the BBL refer to the concept of
devolution as inspired by the principles of subsidiarity. The President
exercises general supervision only over the Bangsamoro government
as required by the Constitution. This is clear in the BBL and there is no
provision that indicates a reduced power of the President. Running
parallel to the principle of subsidiarity is the principle of solidarity as an
inherent right and duty of the state and not just by the President. As
provided in Sections 1 and 6 of Article XII, all areas of economy,
whether in the declaration that all economic agents contribute to the
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common good, where all regions are given the optimum opportunity
to develop or where the private sector is encouraged to broaden the
base of ownership and own and operate economic enterprises, these
rights are always subject to the duty of the state to promote
distributive justice and to intervene when the common good demands.
The principle of the solidarity is already reflected in the BBL
section on devolution and subsidiarity requiring all government
decisions to adhere to considerations of good governance and the
general welfare.
It is therefore suggested for greater emphasis, that Section 6 of
Article VI on devolution and subsidiarity be amended, to read:
Principles of Devolution and Subsidiarity, and of Solidarity, and that
all BBL provisions that refer to the principle of subsidiarity, such as the
preamble should concomitantly include the principle of solidarity.
I
will
now
discuss
the
controversial
term
asymmetric
relationship. Some comments on the BBL equate the asymmetric

relationship between the central government and the Bangsamoro
government as similar to the associative relationship that was rejected
by the Supreme Court in the BBLs predecessor, the MOA-AD. A simple
perusal of the BBL in relation to the allocation of powers and the
intergovernmental
relations,
as
discussed
earlier,
will
clearly
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demonstrate that asymmetric relationship is different from associative

relationship.
However,
to
obviate
any
doubt
as
to
the
meaning
of
asymmetric relationship, a definition of the term in the BBL may be

inserted. The proposed definition will state that the term asymmetric
relationship refers to the relationship between the central government
and the Bangsamoro government as an autonomous region where, as
provided under Section 15, Article X of
the 1987 Constitution, the
autonomous regions are granted more powers and less intervention

from the national government than territorial and political subdivisions.
The term territorial and political subdivisions refers to other local
government units. This is a combination of the definition proposed by
Dean Antonio G.M. La Via and the description provided by Justice
Marvic Leonen in his concurring opinion in the case of League of
Provinces of the Philippines versus DENR.
The enumeration of powers given to the Bangsamoro parliament
under the BBL is consistent with the the constitutional provision. Article
X,
Section 20 of the Constitution is broad enough as it includes a
paragraph on such other matters as may be authorized by law for the

promotion of the general welfare of the people of the region. The
potential overlap between the legislative powers and the Congress and
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the Bangsamoro parliament, which is objected to by some experts, is

an unavoidable consequence that is also true as far as the legislative
powers of regular local governments sanggunians are concerned.
These potential overlaps or even conflicts should be addressed by the
application of the principles on hierarchy of laws and on conflict of
laws.
The grant to the Bangsamoro government of the authority,
power and right to explore, develop and utilize the natural resources
within its territorial jurisdiction is an acceptable formulation. However,
it is proposed that such authorization given to the Bangsamoro
government must be understood as subject to the provisions of the
Constitution on national economy and patrimony.
As regards the fiscal autonomy provisions, we did not find any
constitutional infirmity in the provisions of the BBL. The block grant is
not akin to the PDAF that was declared unconstitutional by the
Supreme Court. The block grant referred to in the BBL is similar to the
Internal Revenue Allotment or IRA under the Local Government Code.
In fact, the wording of BBLs Article XII, Sections 15 to 17 is very
similar to the Local Government Codes formulation in its Sections 284
and 286. Similar to the provisions concerning the IRA for ordinary local
governments, the block grant for the autonomous region is a faithful
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adherence to the constitutional mandate that local governments shall

have a just share, as determined by law, in the national taxes which
shall be automatically released to them.
On the justice system, the cluster also reviewed the BBL
provisions relating thereto. The BBL Section 3 of Article X provides for
the power of the Bangsamoro parliament to enact laws pertaining to
persons and family relations, and other civil law matters, commercial
law, criminal law, including the definition of crimes and prescription of
penalties thereof. This provision is within the powers of the legislature
to delegate to local governments as provided for in Article VI, Section
1
of
the
Constitution.
Despite
the
restrictive
wording
in
the
Constitutions Article X, Section 18 and Section 20, paragraph 4, which

provides that legislative powers of the autonomous region may only
extend to personal, property, and family relations, Section 20,
paragraph 9, also states that the Organic Act shall provide for
legislative powers over such other matters as may be authorized by
law for the promotion of the general welfare of the people of the
region.
Article X, Sections 5, 6, and 7 of the BBL provides for the
establishment of Shariah circuit courts, Shariah district courts, and
Shariah High Court, respectively. These provisions are within the
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power of Congress to define and expand the jurisdiction of courts.

Under the Constitution, the Congress shall have the power to define,
prescribe and apportion the jurisdiction of the various courts, Article 8,
Section 2. Hence, this legislative power can be included in the
additional matters that Congress can authorize the autonomous
regions to possess. Furthermore, it should be clarified that judicial
authority is not being granted to Bangsamoro government. It must be
noted that/jad
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MR.
DAVIDE.
noted
that
Bangsamoro government, there is
in
BBLs
Article
VII
on
the
a set of provisions on the
parliament, and a set of provisions on the executive officers, but none

on the judiciary.
Judicial power remains with the Supreme Court,
which is vested by the Constitution with such power, Article VIII,

Section 1 of the Constitution. The BBL envisions the creation of special
lower courts under the control and supervision of the Supreme Court.
Article X, Section 1 of the BBL provides that the justice system in the
Bangsamoro shall consist of the Shariah Law--it should be court-with application over Muslim only, the traditional or tribal justice
system for the indigenous peoples in the Bangsamoro local courts and
the alternative dispute resolution systems.
The BBLs provision in Article X, Section 7 may be seen as being
unconstitutional for apparently limiting the jurisdiction of the Supreme
Court provided under Section 5, Article VIII of the Constitution, which
jurisdiction Congress may not amend under Section 2 of Article VIII.
The provision states that the decisions the the Shariah High Court
shall be final and executory. This is not unique to the BBL. The Labor
Code, as an example is replete with provisions making decisions of the
secretary, the National Labor Relations Commission and the Voluntary
Arbitrator final and executory.
Despite this wording, however, the
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Supreme Court has consistently ruled that such decisions shall still be
subject to the review powers of the Supreme Court.
In order to avert any confusion, the provision may be amended
to include the clause Subject to the review powers of the Supreme
Court.
Now, on the constitutional bodies.
creation
of
Commission;
the
following
bodies:
The BBL introduces the
Bangsamoro
Human
Rights
Bangsamoro Auditing Body; Bangsamoro Civil Service
Office; and the Bangsamoro Electoral Office. The validity of the

provisions on these bodies is being questioned on the main ground
that their creation and the power vested in them under the BBL are
unconstitutional as they unduly assume the expanded powers vested in
the national constitutional bodies.
The reference to the Human Rights Commission, Auditing Body,
and Civil Service, as constitutional bodies is inaccurate and may be
misleading.
They can be distinguished from other offices, which the
Bangsamoro government may later establish, because they have been

specifically mentioned in the organic act, the BBL. They derive their
basis of existence not from any ordinary law that may be promulgated
by the Bangsamoro parliament, but from the organic act itself.
This
does not mean, however, that they are constitutional bodies in the
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sense that they can adversely affect the roles, mandates and powers
of the constitutional bodies established by the Constitution, COA, Civil
Service Commission, and Commission on Human Rights.
The wording of the BBL is clear. The Bangsamoro special bodies
were created with the goal of supplementing, not supplanting the work
of their national counterparts. As such, sections which provide for the
creation of these Bangsamoro bodies include the clause without
prejudice to the powers, authorities and duties of the national
constitutional bodies for the civil service and the auditing office, and
the clause, shall have a coordination and complementary relationship
for the Human Rights Commission.
The way that the BBL is structured will show that the powers
exercised by the Bangsamoro special bodies are not exclusive powers
but concurrent powers meant to be exercised in a coordinative and
complementary manner with the national constitutional bodies and
without prejudice to the constitutional bodies exercise of their
respective mandates and powers under the Constitution.
However, the comment of the Commission on Audit on the issue
is enlightening. In COAs position paper, it was recommended that the
Bangsamoro Auditing Office could only mean or refer to an internal
body or office, an internal auditor, in the nature of and within the
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functions provided in Republic Act No. 3456, as amended by Republic

Act 4177, otherwise known as the Internal Auditing Act. This means
that the Bangsamoro government is not precluded from creating a
special body like an auditing office as long as it will be considered as
an internal body, which will not, in any way, prevent or obstruct the
functions and powers of the COA.
The Bangsamoro Electoral Office is distinct, for there is a
categorical provision saying that it shall be part of the Commission on
Elections. In fact, even its budget is part of the appropriations of the
Comelec.
Thus, the electoral office is not among the concurrent
powers as the evident intent is for the Bangsamoro government not to

have
its own election office, leaving these functions solely with the
national government.
It is, therefore, recommended that to the last sentence of Article
V, Section 2 Paragraph 8 of the BBL which reads: The Bangsamoro
government shall have primary disciplinary authority over its own
officials and employees, the clause without prejudice to the powers
of the Civil Service Commission and the Ombudsman be added to
address the Ombudsmans concern that said section diminishes the
Ombudsmans mandate over public officials and employees.
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I shall not take up the issue of plebiscite. For the establishment

of the Bangsamoro and the determination of the Bangsamoro territory
to take effect, the BBL requires the ratification of the BBL itself by
majority of the votes cast in a plebiscite in the geographical areas
enumerated therein.
This plebiscite requirement adheres to the
constitutional provision on the process for creation of the autonomous

region.
The Constitution is categorical in saying that the creation of
the autonomous region shall be effective when approved by majority of

the votes cast by the constituent units in a plebiscite called for the
purpose, Article X, Section 18.
Section 3, Paragraph (e) of BBLs Article XV provides for the optin of contiguous areas where there is a resolution of the local
government unit or
petition of at least 10 percent of the registered
voters in the geographical area for their inclusion, and majority of the
registered voters vote for their areas inclusion in a plebiscite called for
that purpose. This must be distinguished from Section 4 of the same
article, which was discussed earlier in relation to territory.
Section
3(e) refers to the inclusion of contiguous areas in the plebiscite for the
approval of the BBL, while Section 4 applies to the additional
contiguous areas after the ratification of the BBL.
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For Your Honors information, one of the annexes to the final

report of the Citizens Peace Council contains some suggested
amendments or refinements to affected provisions of the BBL.
After our discussions of the Clusters major findings, and the
bases thereof, allow me now to briefly present the overall framework
that guided the Cluster in its review of the BBL.
The Clusters analysis of the BBL is premised on five interrelated
propositions that serve as the over-arching framework for the Clusters
task.
First, the passage of a law that creates an autonomous region is
a constitutional mandate.
Second, the passage of an organic law for the autonomous
region is compelled by the imperative of correcting the injustices of the
past, the urgency of the socioeconomic-political context at present,
and the uncertainty of having a similar opportunity in the future.
Third, autonomy, especially in the context of the Constitutions
mandate for the creation of autonomous region is, in itself, a
peculiarity, and the region that is given autonomy must be recognized
and respected for its uniqueness.
Fourth, the BBL must be understood as an extraordinary special
law, not only because of its nature as an organic act, but also, and
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more importantly, as an embodiment of a peace agreement, the

product of prolonged negotiations.
Fifth, the Constitution must be interpreted liberally, so as to give
life to its provisions, and allow the fulfillment of the decades-old
mandate for genuine regional autonomy.
Unlike ordinary legislation, the passage of the BBL is not merely
part of the regular exercise of the States legislative powers. It is the
performance of a sacred constitutional duty. Viewed differently, as the
eminent constitutionalist Father Joaquin Bernas, S.J., would put it, the
establishment of the autonomous regions is not a question of
privilegecpc
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MR. DAVIDE. of the autonomous regions is not a question of

privilege, but a question of right for the regions that were guaranteed
autonomy.
The statement of the 14 surviving members of the 1986
Constitutional Commission, myself included, aptly characterized the
realization of the constitutional promise as closing the gap between
law and justice.
The negotiations for the Bangsamoro Peace Agreement have
dragged on for 17 years.
broadens
the
original
The result is an autonomous law that
one
and
more
fully
governments constitutional promise and duty.
complies
with
our
With the Aquino
governments commitment and the trust that it has generated among

the Bangsamoro people, the current context provides an auspicious
timing for the creation of the Bangsamoro Autonomous Region. And
with the fast approaching elections and the upcoming transition in
government, further delay in the completion of the process could
effectively derail the peace agreement. Autonomy and subgovernance
are not equivalent to independence or statehood. It is a statement of
national unity achieved, not just by acknowledging human diversity,
but allowing diversity to thrive.
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The
autonomous
regions
were
created
as
special
local
governments that were distinct from the territorial and political

subdivisions existing prior to the 1987 Constitution.
The specific
provisions on the autonomous regions are not just token statements

about internally diverse histories and cultures of the Philippines. They
are a recognition that despite the case at, these different cultures
had not been served in any effective way by the national government.
The Constitution, therefore, contemplates that within the single
democratic and republican Philippine State, Congress would create
autonomous regions that could exercise all traditional powers of
governmentpolice power, taxation, and eminent domain in the same
way as all local government units, but would enjoy less interference
from the national government.
This flexibility and freedom given to
the autonomous regions is the only way they could successfully chart
their own unique path.
Parenthetically, the creation of such a sui generis autonomous
region in Muslim Mindanao can be considered as a pilot case and model
for the future development of the rest of the country including
revisiting the effectiveness of the unitary system.
The BBL must be understood in its proper content. It is a nonordinary legislative proposal comes into being merely with the
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sponsorship of a legislator or a group of legislators. It is likewise not

comparable to a number of legislative proposal that came out of a
process of drafting by stakeholders and eventually picked up by
champions among the legislators.
The BBL is a product of a peace
agreement, forged after decades of peace negotiations, borne out of

the countrys exhaustion with war. The negotiations were done with
the participation of international facilitators and observers.
The
drafting of the BBL underwent an elaborate process even necessitating

the creation of a composite Bangsamoro Transition Commission. This
does not mean however that the Congress as the repository of
legislative
powers
is
deprived
of
rights
at
its
constitutional
prerogative. On the contrary, understanding the nature of the BBL will

place greater significance on the legislative progress and put it in the
proper perspective.
In interpreting the BBL, any doubt may be construed liberally
and not restrictively so as to give life to the constitutional mandates.
The BBL does not guide the interpretation of the Constitution.
The
Constitution guides the interpretation of the BBL.

Much of the confusion concerning about the constitutionality of
the BBL can be resolved by applying one and the most basic rules of
interpretation in Constitutional Law.
That as the fundamental,
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paramount and supreme law of the nation, the Constitution is deemed

written in every statute and contract.
As a rule of statutory
construction, if there are provisions, statute irreconcilable with the

Constitution, the Constitution prevails.
When reading the proposed Bangsamoro Basic Law, it is
therefore presumed that all constitutional powers of government and
the constitutional commissions and bodies remain intact regardless of
whether the law explicitly provides for it or not. There is no creation of
a separate kind of citizen, and no creation, virtual or otherwise, of a
political territory that is greater than the national government that
creates it or beyond the reach of the Constitution that allows it. There
can be no surreptitious abandonment of the Constitution because even
if it is the intention, there can be no interpretation or statute that could
recognize it.
In sum, the BBL complies with the Constitutions mandate for the
creation
of
autonomous
regions
within
the
framework
of
the
Constitution and the national sovereignty as well as territorial integrity

of the Republic of the Philippines. While imperfect, it is a significant
document that should serve as catalyst for building national consensus
towards the realization of the long-term aspiration expressed by the
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country three decades ago for justice, solidarity and peace for
Mindanao and the entire Philippines.
But I wish to end by emphasizing a very important point. In the
separate meetings of the clusters and in the plenary meeting on April
18, the issue of social justice and human development took a very
prominent role in the discussions. It came out as a common concern.
Indeed, it was a unified thing for the four clusters. So as the country
eagerly awaits the actions of the policymakers on this important
legislation, I must emphasize that the BBL is not just about the grant
of autonomy. It should not be seen as merely a matter of division of
powers, resources or responsibilities between the national government
and autonomous region.
The BBL should be understood for what it
really is, an instrument to pursue social justice and development for

the constituents of the autonomous region, for the entire Mindanao,
and for the country in general.
The BBL is a path to peace.
Though it cannot solve all the
problems of the country or of the autonomous region, but it is a

foundational element of a necessary first step without which many
worthy initiatives cannot even be tried.
There is no guarantee of
success as no constitution or law or government can make such a
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guarantee, but it is a momentous opening for opportunities, for a new

beginning to correct the mistakes of the past, to craft a better future.
We have all loss so much in waging war against each other for so
long. Now is the time for the country to try to win by being united in
pursuing justice, peace and development.
Thank you very much, Your Honor, for the time.
Thank you, Chief Justice
Davide.
We will, as promised, proceed with the next presentation.
We
make the observation, as you were making your presentation, Chief,

that there are significant divergences between the interpretation that
you have put forward and that of the OPAPP and the MILF, and for that
matter, the Executive Department.
So perhaps those are the areas
which we will have toit puts the Committee in a bit of a quandary

because we have to now resolve those significant divergences as I
have mentioned them, but thank you for your inputs.
SEN. ESCUDERO. Mr. Chairman, if I may.
THE CHAIRMAN (SEN. MARCOS). Yes, Senator Escudero.
SEN. ESCUDERO. On that point, precisely, on those two points.
Una po, Chief Justice, salamat po sa inyong presentasyon.
Marami
ho
akong
napakinggan
na
unang
beses
ko
pa
lang
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napakinggan na kung OPAPP lang sana o MILF po ang nagsabi niyan,

malayong mas maganda siguro ang naging diskusyon kaugnay ng BBL.
I ask this question.
So, therefore, the position of the Peace
Panel is this. BBL, as amended, not BBL as is. BBL is constitutional if

it is amended via the perfecting amendments that you presented.
Would that be a correct statement?
MR. DAVIDE.
Our concentration was not on the BBL itself as
constitutional or unconstitutional. We selected certain provisions which

have been found to be unconstitutional. It would only be this part that
will be affected.
SEN. ESCUDERO. Opo.
MR. DAVIDE. So, okay.
And then we made recommendations.
It would be very, very
clear from our recommendations that unless we do something about

these areas of concern and some refinements will be done, then the
constitutional issue/cbg
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MR. DAVIDE.
...constitutional issue may remain.
So, hence,
our proposal that probably we could improve and therefore submit one
which would really comply with the Constitution.
SEN. ESCUDERO. You are more diplomatic than I am, Mr. Chief
Justice, but the long and short of it is not as is. You are in favor of the
contentious provisions of the BBL that you discussed, but not as is. It
needs refinements.
MR. DAVIDE. Not the entire, as I said.
SEN. ESCUDERO.
Not the entire, just those that you have
looked at.
MR. DAVIDE. Only those portions.
SEN. ESCUDERO. Yes.
MR. DAVIDE.
Because we cannot simply declare the entire
thing as unconstitutional when only a few...

SEN. ESCUDERO. Definitely.
MR. DAVIDE. ...are found to be violative of the Constitution or
perceived to be violative of the Constitution.
SEN. ESCUDERO.
I only raised that point, Mr. Chief Justice,
distinguished members of the panel, because that has been the mantra
of both the OPAPP, the MILF and the Executive Branch, including
Malacaang, as is where is.
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I am glad that we cleared that now. That even the Peace Panel
is not suggesting an as is where is approval of the BBL, at least
insofar as the contentious provisions that you reviewed are concerned.
That is as kind as I can be to them, Mr. Chief Justice.
The second point, as the former chief justice, sir, as Senator
Marcos said, ano po ba ang kinalaman nito sa buong usapin kaugnay
ng BBL at pagpasa nito? Sabi nga po niya, iba ang sinasabi ninyo
mas magalang, mas mabait, mas maliwanagsa sinasabi po ng OPAPP
at MILF na siyang nagbalangkas, sumulat at naghubog nitong BBL na
ito.
Kung titingnan po natin sa perspektibo ng batas ang titingnan
intent o intensyon ng Kongreso base sa mga nagsulat nito, maliwanag
ho na hindi kami ang nagsulat nito. Alam naman ho ng buong bansa
na ang nagsulat nito, sa pagitan lamang ito ng MILF at ng OPAPP at ng
GRP.
Iba ho iyong korte at maaaring iba ang pananaw ng korte
kaugnay sa constitutionality ng ilang mga probisyon.

May I ask, Mr. Chief Justice, what relation, if any, does the
opinion or do your opinions have and that of the peace panel as well to
the BBL that we will be passing? Ito ba ay may persuasive effect sa
interpretasyong ibibigay namin dito o sa ibibigay ng Korte Suprema
pagdating ng panahon?
Because, for example, I have heard former

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Concom members expressing their opinions about the BBL. But that
was never discussed in the Concom debates. Anything they say today,
even if they were a former Concom delegate, has no relation to the
BBL because they did not discuss that when they discussed Article X,
Sections 15 to 21 of the Constitution. So thats a bit unfair, to say the
least, when they are speaking as a former Concom member and
saying, This is constitutional, this is not, when that was not even in
the deliberation.
So in light of that, by analogy, what relation will this have, if
any? Because I am comforted by a lot of the statements you said, as
in marami ho sa ating mga kababayan ang makakatulog sa lahat ng
sinabi ninyo o sa interpretasyon o sa pagbasa ninyo ng BBL. Subalit
ano ho ba ang kinalaman niyan, kung mayroon man, sa aktwal na
magiging interpretasyon ng BBL?
Dahil iba nga po ang pananaw ng
OPAPP at GRP at MILF sa mga sinasabi ninyo? Best example of which

would be the constitutional bodies. Ang sagot ho sa amin ng OPAPP at
GRP, regional offices lang ito.
If these are regional offices, then we
dont even have to provide for it, we can remove it altogether. But
your interpretation is more sound, actually, more rational and
reasonable. And I do not know now where to place that in relation to
what has been told us by OPAPP, GRP and MILF.
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Kindly help us sort through it, Mr. Chief Justice, or Secretary De

Jesus.
THE CHAIRMAN (SEN. MARCOS). Well, before we enter into
the discussion, because time is an element here, I think maliwanag na
between the members of the Committee that we find ourselves now in
that
quandary,
what
is
the
context
in
which
we
apply
the
recommendations that are being made.

At least sang-ayon ako kay Senator Escudero na iyong mga
suggestion ninyo, lalo na sa constitutionality, dahil ang amin laging
naririnig noon galing sa OPAPP, galing sa MILF, galing sa executive
department ay kahit isang tuldok ay hindi dapat palitan doon sa draft
BBL. Ngayon, sa inyo nanggagaling ang mga rekomendasyon na mga
pagbabago, mga amendment. That is why we are now presented with
very, as I said, fundamental and significant differences between the
interpretation of the Peace Council and of those who were involved in
writing the draft BBL.
So that is the situation we find ourselves in. And you will have
to help us as we go along this process kung papaano nga natin
ireresolba iyang ganyang klaseng sitwasyon.
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So as I said, before we enter into the lengthy discussion on this,

unless you would like to respond, I would suggest we move on to the
next cluster.
MR. DAVIDE. Yes, very briefly.
THE CHAIRMAN (SEN. MARCOS). Yes, of course.
MR. DAVIDE. I might lose track along the way later on if I have
to wait.
First, the BBL was never taken into consideration during the
1986 Concom.
Its very obvious.
But we talked already about
autonomous regions and, therefore, it can be made applicable to any

other organic act. So, in short, the constitutional basis for the BBL is
that particular provision on the Autonomous Region.
So only the
principles there must guide us.

Secondly, the Committee may have heard so many opinions
already; ours is only a little contribution.
So in the end, the final
arbiter would be the Congress of the Philippines. And right now, we

commend to you our recommendation, subject to the collective
wisdom initially of the Committee and then later on of the Senate.
So... rare and distinct opportunity really to be able to hear many
sides and to come up later on with the best compromise that you can
have to attain the objectives of the BBL.
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THE CHAIRMAN (SEN. MARCOS). Thank you, Chief, for that

explanation and clarification. I guess now
SEN. ESCUDERO.
Mr. Chairman, forgive me, just a brief
rejoinder.
THE CHAIRMAN (SEN. MARCOS). Yes.
SEN. ESCUDERO. Actually, Mr. Chief Justice, ang hinihiling ko
po paano ang gagawin namin para maging bahagi at parte ng pormal
na diskusyon maliban sa aktwal na pag-effect ng mga amendments na
sina-suggest ninyo?
Kasi gaya nga ng sabi ko, mas maganda ho
kayong pakinggan kaysa iyong OPAPP at GRP. Tama ho iyong simula

ninyo kanina, iyong shalom bago kayo nagsimula.
How can we make as an integral part the comments of the peace
panel thus far made insofar as Congress interpretation or how the
courts will interpret this particular law that we will be passing upon,
either in its current form or in another form?
MR. DAVIDE. I am sure, Your Honors, that the Committee will
go into executive session and probably will take up article by article
the proposed BBL.
And I think that would be the most appropriate
time when you can reflect on the various ideas coming from the
various sectors. In the end, what will come out really would be a basic
law which will not require even interpretation at once, a basic law that
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will require only application.
The interpretation will come later on if
there are some questions regarding constitutionality. But I think even

on a particular aspect of constitutionality, you have to apply the rule of
statutory construction.
And it is only by showing up grave, clear,
certain unconstitutionality that it may be.
If there is any doubt,
sustain the constitutionality.

THE CHAIRMAN (SEN. MARCOS). Actually, Chief, ideally, the
questions on constitutionality, we would have remedied by the time
the final version will be discussed and finally passed by the Senate. So
that is the process within which we are hoping to achieve that.
So, again, thank you for your presentation, Chief Justice Davide.
We now move on to the economy and patrimony cluster. And I
believe Secretary Paderanga will be the one who will make that
presentation.
So, Secretary, please proceed.
MR. PADERANGA.
Thank you very much, Your Honor, Mr.
Chairman.
And good morning to all the members of the panel, my fellow
members.
And following the lead of Chief Justice Davide, let me greet you
all Assalamu Alaikum.
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I am representing Mr. Jaime Augusto Zobel de Ayala... /jmb
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MR. PADERANGA.
I am representing Mr. Jaime Augusto
Zobel de Ayala, Your Honors, who sends his regrets because he had to
be out of the country at this time.
During the part of the presentation, Your Honors, essentially,
many of the points will be put in a tabular manner for ease, for clarity
and also for economy.
In this study, the objective was to review drafts of the BBLs
Article XIII on economy and patrimony and to identify and discuss
potential issues that have arisen.
resource materials.
The process was the review of
Among others, the Bangsamoro Development
Plan, which actually turned out to be quite impressiveI say that as

former head of the planning agency of the governmentworking
papers and presentations from organizations such as the Philippine
Center for Islam and Democracy (PCID) and the Foundation for
Economic Freedom (FEF).
The cluster also consulted key resource persons. So in the end,
the discussion group actually was relatively highly qualified and also a
bit large with contributions from everybody, Your Honors.
The first, there were some key observations that we thought
might be important to remember. One, the majority of the potential
economy and patrimony related issues related to the BBL are not
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major and may be resolved by further clarification as the BBL is

written.
Second, devolution of laws is actually already happening.
In
other words, some of the issues that have been raised are essentially
non-issues because these are already being done under present laws
and that could probably become clear as we go along.
Third, peace and order.
Security is the key issue of potential
contention, these provisions.

And finally, Your Honors, the cluster deemed it important to
mention that the BBL is an opportunity to have a historic change rather
than a problem.
The review of the relevant plenary discussions, Your Honors.
First, the private sector is keenly watching how BBL and the eventual
establishment
of
the
Bangsamoro
government
will
affect
investment environment and economic growth of the region.
the
In the
meetings on Bangsamoro that was organized essentially, Your Honors,

by the FEF and the Philippine Center for Islam and Democracy, the
private sector were very strong participants of the meetings showing
their intense interest on how they could participate in the development
of this particular region.
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Second, opportunities in the Bangsamoro should be highlighted

not only for the business sector but also for consumers, all of them
including Muslims, Christians and Lumads alike.
It is also useful to
underscore positive aspects of having a Bangsamoro government. For

example, the attraction of new marketsASEAN as in majority Islamic
market including also the Middle Eastern countries. If, in fact, there is
very strong Bangsamoro presentation, then, in fact, these markets
would become much more open to Philippine products.
And I think
with partnership between national government and Bangsamoro

government, the economic identity of us joining markets like this will
actually be highlighted.
The Bangsamoro government could be a model for ASEAN on
regional autonomy especially for countries like Thailand and Myanmar
where there are also significant minorities, in fact, Muslim minorities,
both of whom are facing similar secessionist challenges.
The Bangsamoro region creates possibility of exploitation and the
mitigation of inequitable distribution of economic benefits.
Social
justice may be a useful guiding principle of BBL in relation to the

natural resource management especially in areas under stewardship by
marginalized groups.
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The belief of the cluster, in fact, Your Honors, is that there might
actually be principles that are inherent or in the essence of Philippine
ethnic groupings that are actually quite attuned to the natural resource
endowments of this country.
Proper stewardship of environment with social justice hinges on
governance and leadership of future Bangsamoro government.
BBL
presents the opportunity to do it right from the start with help, of

course, potentially from the business sector.
This may include the
right of common good under concurrent powers, Article V, Section 2,

along
with
inter-generational
responsibility
to
care
for
the
environment.
Investments will still have its own set of risks which is true for all
investments and not necessarily attributable to BBL.
We present in tabular form, Your Honors, some of the potential
issues and the consensus views of the cluster during the discussions.
First, on natural resources.
The Bangsamoro government will
have the exclusive powers on ancestral domain and natural resources

including mining.
How will this affect the private sectors ability to
invest in related sectors? It turns out, upon discussion with some of

the people who knew this, that devolution is already happening. For
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example, certain DENR authorities are already devolved to local

governments including the ARMM.
Second issue, labor matters. The Bangsamoro government may
organize its own social security and pension systems and enact new
laws on labor and employment applicable only in Bangsamoro thereby
creating uncertainty for businesses.
The cluster view, Your Honors, was that ARMM-DOLE already has
a degree of independence but actually needs clarity on how deviations
may be legislated by Bangsamoro. Any wage disparities between the
Bangsamoro region and the rest of the country actually will be
managed by the local wage boards in coordination with relevant
national agencies.
In other words, Your Honors, there are actually
already regional wage boards that are present all over the country.
Third issue is land transfer. Land registration will be aligned with
central government but land acquisitions and transfers shall be
governed by the Bangsamoro government and may or may not be
consistent with the rest of the country.
The cluster view is that the land titles already registered under
the national system will be honored by the Bangsamoro government as
well.
There may even be an opportunity to streamline land
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management and administration in Bangsamoro which if found to be

quite useful, may actually be replicated in other areas.
As it turns out, Your Honor, it seems that there are actually
several authorities and several layers where there is potential
overlapping but the reorganization of the government that may come
out may actually give us the opportunity to streamline the process.
Four, in customs and tariff.
Enforcement of customs and tariff
laws to be done through intergovernmental relations mechanism

between the Bangsamoro and central governments. The fear has been
that this may promote more smuggling in the region. This may require
more clarification on the manner of enforcement.
On the other hand, Your Honors, ASEAN tariffs are already at
zero except for rice, sugar and a few other items. Smuggling to avoid
VAT is a temptation but is not unique.../jun
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MR. PADERANGA.
region.
but is not unique to the Bangsamoro
VAT impact for imported goods for resale may actually be
quite limited.
On infrastructure.
Its not clear whether central governments
infrastructure development programs, for example the PPP program,

will apply to Bangsamoro.
Infrastructure investors may need more
clarity on this.
This, I think, was expressed by the private sector
representatives.
The cluster view, Your Honor, was that BDA, the
Bangsamoro Development Authority, which is their equivalent of the

National Economic and Development Authority, is actually close to
finalizing the Bangsamoro Development Plan which presents detailed
budgets that can form the basis for the selection of possible PPP
infrastructure projects, and actually the Bangsamoro Development Plan
provides a very good and clear directions that can already be looked
at.
On the power sector.
The Bangsamoro government shall
regulate generation, transmission and distribution when not connected

to the national grid.
Otherwise, the Bangsamoro government shall
coordinate through the inter-governmental mechanism.
The cluster
view, Your Honor, was that this may need further clarification to
develop and disclose the parameters of managing power projects
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connected to the national grid in coordination with the central

government.
Such parameter should be developed in coordination
with the Mindanao private sector.

On
transportation
and
communication.
The
Bangsamoro
government with DOTC, the Construction Industry Association, the

CAB, the MIA, the PPA (Philippine Ports Authority), LTFRB, LTO and the
NTC shall determine its exercise of additional powers in transportation
and
communication.
Why
is
there
special
treatment
for
the
Bangsamoro government on this? The cluster view, Your Honor, was

that the Bangsamoro government will need to work closely with these
agencies to determine any additional powers and the extent of check
and balance mechanisms.
On the power to temporarily take over a business.
The chief
minister may order the temporary takeover or direct operation of any

privately owned public utility or business affected with public interest
in times of state of calamity. The cluster view, especially the private
sector, Your Honors, needs clarification to define the specific set of
instances where in fact businesses can be taken over by the chief
minister.
On
taxes.
The
Bangsamoro
government,
through
the
Bangsamoro Tax Office, shall have power to enact its own Tax Code.
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Business community is uncertain on how their businesses will be taxed

under this new tax regime. The cluster view was that this need not be
an issue. Major taxes in Bangsamoro are the same as national taxes
like income tax, VAT, excise taxes. Devolved taxes to the Bangsamoro
are minor in nature and will still require coordination with the central
government. Taxes may actually be set lower in the region to promote
investment.
Inland
waters.
The
Bangsamoro
government
shall
have
exclusive powers over inland waters and may enact laws on the
regulation, management and protection of the resources therein.
There is uncertainty how this will affect the power of the central
government. The cluster view was that this needs further clarification
to ensure that access to such water remains equitable.
The issue of the block grant, Your Honors.
The central
government shall provide an annual block grant to Bangsamoro

representing its share in the national internal revenue of the Philippine
government.
Public perception is that the Bangsamoro is receiving
more than its due share of the national internal revenue.
Upon
examination, Your Honors, the cluster view is that more details on the
amounts to be received by the Bangsamoro government and its
formula could actually address this perception.
It was actually
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stressed that amount will be reduced by future tax revenues.

Incremental cost to the national government amounts roughly to about
P10.5 billion.
The rest, Your Honors, that have been mentioned in the
block grant is already part of the existing annual ARMM appropriations.

On the potential auditing body. The public perception is that the
Bangsamoro will have its own audit commission independent of the
COA. The cluster view, the economic cluster, Your Honor, is that this
need not be a contentious issue but more of a misinterpretation.
If
any rewording is necessary and we have heard that Chief Justice

Davide already expound a little bit on that, Your Honor, is if any
rewording is necessary to avoid misinterpretation, the provision in the
comprehensive agreement on the Bangsamoro may be considered.
The Bangsamoro audit body will still be subject to governance by the
COA.
On security.
Peace and order also affects the growth of
businesses in the area. In Bangsamoro, security and maintenance of

peace and order rest on the Bangsamoro Police, which shall be part of
the PNP but governed by a different law to be enacted by the
Bangsamoro parliament. Will this structure work? was the question
raised.
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This is an important economic issue in the clusters view, Your

Honors. The bulk of the Bangsamoro Police force will come from the
existing body.
The Bangsamoro Police Board is still under the
Napolcom. The chief minister as head of police boardit makes sense

to provide power over security and to curb abuses on police use as in
other LGUs.
disagreement.
The PNP Chief, however, still prevails in the case of

We note that investment insurance schemes, for
example from MIGA, ADB can help also address this issue as well when
it comes to the security or certainty of investments in the area.
This last slide, Your Honors, provides the list of the references
that was considered explicitly by the economy and patrimony cluster,
Your Honors.
Thank you very much, Your Honors, for this opportunity to
address.
Thank you, Secretary
Paderanga.
The reaction we have is that, especially in this cluster, economy
and patrimony, clearly, there are still many areas that need to be
clarified that have been interpreted in many different ways.
In that
sense, we agree with your assessment of the draft BBL as it has been
presented to us.
So, there are certain areas which have raised

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questions and I think there are areas still that will need more than
clarification, a definition of terms and, more importantly, the actual
principles that are being adopted. Again, I dont want to go into detail
but I think each of these areas that you have mentioned, there is very
much the question that still remains as to why the treatment of the
Bangsamoro government and the Bangsamoro territory is so different
to the treatment of other local government units especially when it
comes to the share of national wealth.
On the police area, the contentious issue is again the power
sharing between the national government/cda
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THE CHAIRMAN (SEN MARCOS).
between the national
government and the Bangsamoro government. And, again, this has to

be clarified. The tendency, I think, of our discussions has been going
towards making it a more equal footingthe agencies and the powers
to be put on a more equal footing to the other local government units.
The problem being that we do not have a regional government unit
and that is why we are actually redefining orNo, not redefining. We
never had defined a region. The regions are merely administrative in
nature and they have been created as such.
So, again, these clarifications are what we in Congress are
hoping to make.
So, thank you, Secretary Paderanga.
SEN. ESCUDERO.
Mr. Chairman, just an additional request to
Secretary Paderanga.
Sir, napansin po namin may mga pinuna kayong provision, pero
wala pong
konkretong panukalang
amendment kung paano
po
babaguhin iyon para lumiwanag at para mas maunawaan sa punto le

vista ng mga negosyante.
We note that you only mentioned, this
provision needs clarification, that provision needs further amplification.

Do you have suggested amendments already insofar as the
provisions you cited are concerned?
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MR. PADERANGA.
Yes, Your Honor.
Well, in most of these cases, the references that we referred to

in the last slide, Your Honors, already actually present some possible
ways of addressing these issues. But in some cases, these were really
just issues that have been raised. I think one of the features of the
Economy and Patrimony Cluster was that the cluster itself including the
previous
conferences
that
had
been
held
on
the
Bangsamoro
government sponsored by PCID and the Foundation for Economic

Freedom already included a lot of input from the private sector, both
the private sector in the Bangsamoro region and the one, the national
private sector. And therefore, they expressed their concerns. And so,
in a way, this has been brought as part of the recommendations, Your
Honor.
But I have a feeling that, in fact, the private sector would
actually be willing to give possible solutions although the references

already go into some of that. The economy and patrimony cluster,
Your Honor, is always available to help out.
SEN. ESCUDERO.
If you bear with me, Mr. Chairman, just one
brief point.
Isang halimbawa po, Secretary Paderanga, sabi niyo po, wala
namang dagdag talaga. Actually, may dagdag. Binabago ng BBL ang
isang matagal nang mali insofar as local government units are
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concerned in the right directionI would agree; may bill nga ako
tungkol ditona kung saan iyong negosyo, doon dapat nagbabayad ng
buwis. Hindi kung saan naka-locate iyong principal office address ng
negosyo.
So tama po iyon.
Binabago po iyon ng BBL.
Sabi po ng BBL, kung saan iyong
negosyo doon dapat magbayad ng buwis.
So kung ang negosyo ay
nasa BBL, doon dapat sa BBL magbayad ng buwis. At nakalagay din

po dito, may share ang BBL to the tune of 75 percent. Doon, nawala
po ang ibang local government units.
In fact, doon sa computation
niyong 10 billion na hindi kasama iyong IRA at iyong budget ng ARMM,

hindi pa ho kasama doon dahil hindi natin alam kung magkano po ito.
But this may have implications too on the political.
In the Cabanatuan case where the Supreme Court said that the
plebiscite requirement applies to the whole province. Among others,
they made mention of income.
This provision, for example, will
drastically affect the income, for example, of Makati.
Karamihan ng
mga negosyo sa buong Pilipinas, ang opisina ay nasa Makati.
Sa
Makati nagbabayad ng buwis, bagaman iyong negosyo nasa Mindanao.

Best example of it, Dole Philippines. Lahat po ng pinyahan nila, wala
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ho ni isa nakatanim sa Makati, pero sa Makati ho sila nagbabayad ng

buwis.
So it may have an implication insofar as plebiscite is concerned.
Because now if you apply the Cabanatuan case, some of the units
outside of the BBL will be affected by some of the economic provisions
although they may be political, not discussed by the Economy and
Patrimony Cluster which will complicate matters and require a wider
requirement for a plebiscite because their lives would be affected too
by way of a reduction in the income that they would be receiving or
getting under existing law.
So if we can get your suggestions too, sir, on that when the time
comes, iyong specific amendments na po sa provision ng BBL.
MR. PADERANGA.
Yes, Your Honor.
That already starts to bring
us into the question on national or local application in terms of the

plebiscite and that is another issue that, I think, cuts across the
subject matters as they have been defined.
The other point that I would like to raise because we speak on
the patrimony is the issue on the Bangsamoro waters, the definition of
the Sulu Sea as the Bangsamoro waters and its effect on our claim on
Sabah.
This has been raised by the Sultanate of Sabah and it is

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something that needs to be attended to because the argument that is

made by the sultanate is that one of the main points that they make in
our claim for Sabah for the sultanate and thus for the Philippines is
that the Sulu Sea and includesis contiguous to Northern Borneo and
that is one of the reasons that they show that this is part of the
sultanate and part of the Philippines.
If we are to redefine them as
Bangsamoro waters, that argument will no longer be available to the

sultanate and to the country.
So again, that is something that I think it cut the reason. You
did not specifically address it, is that it cuts across the different subject
matters as the Peace Council has defined.
So perhaps that is
something that we can look further into in greater detail

Thank you, Secretary Paderanga, for that presentation.
And now we will go to the third cluster which is the Social Justice
and Human Development Cluster which I believe will be given us by
Rohaniza Usman.
Please.
MS. SUMNDAD-USMAN.
A peaceful noon, Mr. Chairman and
Senator Escudero.
Good afternoon.
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MS. SUMNDAD-USMAN.
Assalamu alaikum wa rahmatullahi
wa barakatuh.
May peace and mercy be upon us all.
What Im about to present to you is a report on Social Justice
and Human Development.
In one of the commentaries on the historical antecedence of the
Bangsamoro conducted by Ms. Heidi Gloria of the Ateneo de Davao
University, the problem of Mindanao is rooted in social injustice. We
inherited this problem as one of the dubious legacies of the colonial
period and therefore share in its guilt and culpability.
Today, we need the Bangsamoro as the only branch to end
warfare in the South caused by centuries of prejudice, discrimination,
deprivation, neglect and plain indifference to the Muslims and other
indigenous peoples in Mindanao and Sulu.
A meaningful autonomy in Muslim Mindanao is a social justice
issue.
Upon consultations and discussions, we affirm that the
Bangsamoro Basic Law supports the core principle of the 1987

Constitution on human development of the people of Muslim Mindanao.
After a careful study of the BBL provisions in its totality, we conclude
that the draft BBL does fulfil this mandate of social justice and human
development. We also note that the BBL is replete with provisions that
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lead to the conclusion that social justice is the framework of the BBL.
For example, on Article XIII on economy and patrimony begins with
Section I entitled Bangsamoro Economy and Social Justice.
The
Bangsamoro governments economic policies and programs shall be

based on the principle of social justice. In Article IV covering general
principles and policies, it is asserted that social justice shall be
promoted in all phases of development and facets of life within the
Bangsamoro.
Likewise, the concepts of human security and human
development encompassing human rights and freedoms are wellcovered by the BBL.
We, therefore, see only the need for some refinement and finetuning of certain provisions.
There are special concerns raised with regard to the indigenous
peoples, the katutubo of Muslim Mindanao. We invited tribal leaders
representing non-Moro indigenous peoples communities in Muslim
Mindanao affected by the BBL to join the deliberations on indigenous
peoples rights and they are of one voice in wanting to ascertain that
their rights under the Indigenous Peoples Rights Act, R.A. 8371, and
other laws/cmn
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MS. SUMNDAD-USMAN. .and other laws are reasserted,

recognized and protected under the BBL.
We support them in this
regard. Therefore, we propose a number of amendments to provisions

in the BBL pertaining to indigenous peoples. With this mentioned
premise, we wholeheartedly endorse the BBL and recommend its
passage as an act of social justice and reparation to the Bangsamoro
peoples of Muslim Mindanao to rectify all the injustices inflicted upon
them in the past. It is our hope that the Bangsamoro will serve as a
model for the rest of the country in fulfilling the 1987 Philippine
Constitutions mandate to secure social justice to the Filipino people.
The BBL in Section 5 of Article VII has provided a venue for
genuine representation in the Bangsamoro parliament by reserving
seats for sectors on the margins that would otherwise not have the
opportunity to be heard. While the cluster sees this provision as a
positive component of the BBL, expanding the number of reserved
seats is recommended.
We affirm that this give politically marginalized
THE CHAIRMAN (SEN. MARCOS). Im sorry.
MS. SUMNDAD-USMAN. Yes, sir.
THE CHAIRMAN (SEN. MARCOS). Its not a question. Its just
to clarify. Reserved seats for the IPs? Is that what you are asserting?
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MS. SUMNDAD-USMAN. Im about to

THE CHAIRMAN (SEN. MARCOS). Okay, okay.
MS. SUMNDAD-USMAN. Yeah. I am about to continue.
THE CHAIRMAN (SEN. MARCOS). Sorry for the interruption.
MS. SUMNDAD-USMAN.
Its okay. Yeah, Your Honor. We
affirm that this give politically marginalized sectors in the Bangsamoro

territory the opportunity for genuine representation in its legislative
body. Without prescribing exact numbers, we feel that the non-Moro
indigenous peoples, which they were very strong about it, and women
need more seats to represent the multifarious concerns pertaining to
women. And as for non-Moro IPs, several major non-Moro IP
communities in the proposed Bangsamoro territories have to be
considered as well.
We also recommend that the youth be given a seat. There is a
strong clamor from the youth that they be specified as a sector with a
reserved seat to participate in the decision-making process as it has
been of great concern that they have been potential recruits for violent
extremism.
The manner of providing reserved seats would be understood as
generally subject to the constitutional mandate that the members of
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the legislative assembly are elective, without necessarily requiring

direct elections and representative of constituent politically units.
It is often said that history is a guide to the future. The so-called
Moro problem or the Bangsamoro question is a product of their
painful and unfortunate colonial past. As a Filipino nation moves
forward, healing the past and building the future, there is a need to
educate ourselves, our communities and one another that we are all
victims of historical injustices. Understanding the history, culture and
identity of the Bangsamoro people will bring Filipinos closer to common
goals of a peaceful and progressive society as a nation. After all, the
Philippines society is a multicultural society and education plays a very
significant role in the transitional justice program of the peace-building
process.
In Section 13 of Article IX, it provides a very beautiful idea of
what type of education must be adopted in the Bangsamoro. It was
pointed out, however, that the level of education in the region has
been sub-par compared to the rest of the country. It was also pointed
out that the prejudice and marginalization of the Bangsamoro people is
perpetuated by the lack of proper education that showcases their
distinct culture and identity. Peace education was also recommended
to be an integral part of the provision for the purpose of promoting a
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culture of peace and diversity in the Bangsamoro territories among all

peoples in the region. The cluster also feels that Bangsamoro history
culture and identity should be included in the curricula of educational
institutions in the Bangsamoro and all throughout the country in order
to eliminate any prejudice towards the Bangsamoro people.
We recognize that there are provisions pertaining to non-Moro
indigenous peoples across the BBL, but we also looked into a special
consideration of the non-Moro IPs since they have ancestral domain
claims with an area of at least 309,720 hectares encompassing 84
barangays in eight municipalities in Maguindanao.
Having reviewed its consultations, position papers and focused
group discussions with IP communities, we suggest that a separate
Article be devoted to the recognition, protection and promotion of the
non-Moro indigenous peoples rights such as or laid out in IPRA Law or
other mechanisms that will perform these functions until more
appropriate solutions can be created by the Bangsamoro parliament.
We also consulted representatives from non-Moro indigenous
peoples in the core areas, as we all know that this is a sensitive issue,
and areas affected by the plebiscite. They were united. They were very
strongly united in asserting that the following non-exclusive list of their
rights under the IPRA also be included in the BBL. Specifically this
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include, but are not limited to, fundamental human rights and
development, identity and self-ascription, ancestral domains and lands,
self-determination and self-governance, cultural integrity.
In conclusion, upon various consultations and discussions, the
cluster on social justice and human development would like to
emphasize and conclude that these provisions be given proper due
with the context on the historical injustice committed to both the
Bangsamoro and the non-Moro indigenous peoples ensuring the
improvement of the Bangsamoro and non-Moro indigenous peoples
socioeconomic conditions will result to giving more hope that people in
the communities can focus on ways to develop their socioeconomic
means through non-violent resolutions. Let us provide a social order to
respond to this injustice of the past that created the root cause of the
armed rebellion that started the armed struggle.
That summarizes the report on social justice and human
development.
Thank you so much. Assalamu alaikum wa rahmatullahi waa
barakatuh.
THE CHAIRMAN (SEN. MARCOS). Thank you very much, Bai
Rohaniza Sumndad-Usman for that.
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You are very much in agreement with our opinion in the Senate
that a great deal more needs to be done in the BBL to specify and
define, not only the rights of the IPs but also the ancestral lands and
for that matter, ancestral domain and what the definition will be within
the framework of the Bangsamoro government. You clearly have paid a
great deal of attention to that issue. And that is why the committee, if
you have more detailed proposals to be made on the specific sections
that have to do with the IPs and their ancestral lands and ancestral
domain which is what I believe their position has been, that they must
be granted ancestral domain of the lands that are defined as belonging
to the indigenous peoples in the different tribes of the IPs.
So thank you very much for that.
I think Senator Escudero has a manifestation.
SEN. ESCUDERO. Just a very brief interjection, Mr. Chairman.
Maam, good morning.
From the social justice perspective, not the constitutional
perspective--I would not want to debate with the former chief justice-what
do
you
think
of
the
ministerial
parliamentary
form
of
government? Again, I am approaching this from the social justice

perspective. Meaning to say, ngayon kayang iboto at patalsikin sa
pwesto ng isang ARMM voter ang ARMM government. We will be
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taking that right away from him, the right to directly vote if you adopt
a parliamentary or ministerial form, because it is the members of
parliament who will now choose the head minister. Again, from the
social justice perspective, hindi ba mas maganda na yung sistema
natin ngayon that the people, the Bangsamoro people, can directly
vote for the head or chief minister, instead of voting indirectly through
the representatives for such a position. Maam, what do you think?
MS. SUMNDAD-USMAN.
Coming from the civil society group
sector as well, we actually have/jadc
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MS. SUMNDAD-USMAN. we actually have compared between

the unitary and the parliamentary form of government. And in terms
of accountability, isa naman po iyon sa mga issues and concerns
especially with our people. And in terms of accountability, it would be
more effective if sa parliamentary po tayo.
SEN. ESCUDERO.
More effective in a parliamentary form,
accountability?
MS. SUMNDAD-USMAN. Thats my own opinion as well. But
that part didnt rise up in our discussion during the cluster. But what I
am giving to you now is my personal opinion.
SEN. ESCUDERO. But would that still be true even if only 40
percent of the parliament will be directly elected by the people? Fifty
percent will come from party-list representatives, not directly elected
by the people.
In other words, they will simply vote for a party-list
groups, very much like what we have now, but its limited to only 50,
not 50 percent and 10 percent will be sectoral representatives
presumably appointed and not elected.
So, in a parliament, that 60
percent of which will be not directly elected by the people as well, only
40 percent. Still you would entrust it to them?
And remember, the
Bangsamoro will have its own Comelec who will accredit party-list
groups, who will register kung sinong puwede at sinong hindi.
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I mentioned social justice because one of the cornerstones of

peace in Mindanao should be that it should not be reserved to a
particular specific group, that the MNLF, the MILF, the BILF, the GM or
any other group or any other person from those groups actually has a
fair chance to win and govern and present his own platform.
Iyong
ARMM nakareserba iyan sa MNLF. Kaya naman siguro pumalag iyong

MILF.
Itong BBL, the last thing I want is for it to be reserved
exclusively for the MILF na sila lang ang puwedeng mag because the
cards are stacked so much in their favor. And that is quite evident in
the composition of the parliament right now.
So, can you help us out as well? Again, not from the legal, but
from the social justice perspective, to equalize it, to give each and
every person residing in the BBL to have a fair chance to actually run,
win for as long as he is qualified regardless of the group he belongs to,
regardless of the tribe he belongs to, regardless of the province he
hails from so that it will be more long lasting and we have a better
chance of maintaining peace in that area.
THE CHAIRMAN (SEN. MARCOS). The fundamental question I
think that we are confronted with is, why the structure of the
Bangsamoro government is parliamentary?
Why, in the first place,
do we not adopt what is already being exercised in the other local

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government units? Is this part of an attempt to equalize, as you say

the inequalities that had been suffered by both Bangsamoro and nonBangsamoro peoples in the south?
And is that a cultural response?
Does that come from the history of the Bangsamoro people?

grounded in the differences in our culture or religion?
Is it
Give us a bit
more clarity as to what is being attempted what are we trying to

achieve.
Before you answer, maam, I would just like to acknowledge the
arrival of the Most Reverend Orlando Cardinal Quevedo, and Atty.
Christian Monsod. Welcome to the Senate.
Thank you.
So, with that acknowledgment, perhaps you could try and clarify
those questions that we have raised.
MS. SUMNDAD-USMAN.
Firstly,
as far
as
the
BBL
is
concerned, it explains the struggle of the Bangsamoro people, not just

of the MILF nor the MNLF or any group, but this is the struggle of the
Bangsamoro people.
Secondly, when it comes to the Bangsamoro concerns in terms of
humanitarian perspective, dalawa po ang kinikilala ng Bangsamoro.
Ito iyong tinatawag na federal system form of government and
parliamentary.
When we look into the Islamic perspective, mayroon

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po tayong tinatawag naProfessor Bajunaid is also here, coming from

the Ulama sectorna Islam always chooses the path which is for the
benefit of the ummah, which is for the benefit of the Islamic society.
So, when you talk about parliamentary, you are talking about iyong
boses po ng bawat sektor, regardless kung ito po ay kung anu-anong
grupo, regardless rin po kung ito po ay Muslim, Kristiyano at Katutubo.
Para po itoto be answerable to the inequalities or injustice committed
to the Bangsamoro people. So, iyon po ang aming paniniwala.
So, we just needed that to
give context, to give background to the proposal that the Bangsamoro

government be parliamentary only because during all the deliberations
in the constitutional amendments which proposed that we move to a
parliamentary form of government, unicameral form of government, it
was made very clear during public hearings and surveys and such, that
the Filipinos in general, would prefer to vote directly, for example, for
their president.
And would rather be averse to the parliamentary
system where we have the members of parliament choosing the prime

minister or in this case, the chief minister. And we were just trying to
understand why there is that difference. So, it is not a question of the
efficacy of the parliamentary system but really just to understand how
it will work.
Because as you have mentioned, we are a unitary

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republican system in the country and thats why there is that

difference and where does it spring from.
So, Father Tabora, you wanted to add something.
MR. TABORA. Thank you very much, Mr. Chair.
I was not myself a part of the negotiating panel.
So, my
suggestions are truly personal based on my understanding of the

situation in Muslim Mindanao. I presume that part of the option for the
parliamentary form of government is simply because of the nature of
the Bangsamoro which is not just one identity.
The Bangsamoro
consists of 13 ethno linguistic groups outside of the non-Islamized

indigenous groups in the areas plus the Christians in the areas. And I
think we also know that in the past when we had the direct voting and
the problems we had with the structural decision making under a direct
democracy in that area, the democracy to a great extent did not work.
It was basically decided by feudal landlords, feudal lords who so
controlled their constituencies that they actually did not have a voice.
So, I think consistent with the provision of the social justice provisions
of the Constitution that we must also diffuse political power, I think
this option for a parliamentary form of government within the
Bangsamoro where power was monopolized by small groups that there
is more of a chance of a diffusion of political power through the
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parliamentary system.
But that is an opinion.
I defer here to the
negotiations that have been conducted within the peace panel.
But
that is my opinion.
THE CHAIRMAN (SEN. MARCOS). Thank you, Father Tabora.
He objects to my referral to him as my Lolo Cardinal.
So, my
Uncle Cardinalcpc
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THE
CHAIRMAN
(SEN.
MARCOS).
my
Uncle
Cardinal
Quevedo, wanted to add something to the discussion.

MR. QUEVEDO.
Senator Marcos and Senator Escudero, my
experience in Maguindanao is the following: during the time when we

had a parliamentary form of government, I was President of Notre
Dame University and I learned from the Bangsamoro the moros of
Maguindanao
seemed
to
have
liked
that
parliamentary
form
of
government because itSecondly, it corresponds a little bit to their

culture.
When I was Namfrel chairman a few years ago, I recommended
the following:
the direct participation of people, one vote for every
person, does not seem to work in Maguindanao.
It has not worked
since time immemorial and I suggested that perhaps a council of elders

would do the selection of their leaders rather than direct voting because
it is part of what Father Tabora has said, the feudal culture, the role of
datus and sultans in certain parts of Bangsamoro especially in
Maguindanao. And so I thought that I would recommend, in my report
to NAMFREL, the idea of democracy being practiced in the elections by
council of elders and I was asked, But that is not democratic. I said,
That is very democratic.
It is in Platos Republica.
It is in Platos
Republic where voting was done by philosophers. So here, council of
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elders, the leaders themselves will choose their own leaders.
I think
that is part of the culture in that area.

THE CHAIRMAN (SEN. MARCOS). I dont know, but my initial
reaction is that that is institutionalizing the problem that we have
identified.
And the problem that we have identified is that the tribal
structure still seems to dominate even political exercises and to have

the council of elders would be again, as I said, institutionalizing that
whole system and I was of the opinion, I was of the impression that the
reason that the parliamentary system was being proposed was
specifically to address that and to spread the power centers around
rather than to keep them within the tribal leadership.
So, again, this is where the conflict in the political structure arises
and, again, that is why it is important, thats why were asking Bai
Rohaniza Usman where these ideas sprang from and to help us to
understand where it originated and how it is going to be applied, and
the reasons why we believe that it will be a better system specifically for
the Bangsamoro government.
Yes, may tanong po?
MS. SUMNDAD-USMAN. Your Honor, may I add?
THE CHAIRMAN (SEN. MARCOS). Yes, of course.
MS. SUMNDAD-USMAN. Just brief lang po.
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Let me also raise two points in terms of humanitarian point of

view and historical point of view.
As far as humanitarian point of view is concerned, sa system po
natin ngayon nakikita po naman natin as mentioned by Father Tabora,
power was really monopolized.
Not just monopolized, but really
controlled by political leaders who have their own personal interests. So

ano pong nangyari? It corrupted the system, it corrupted the minds of
the people and not only that, paulit-ulit na lang po ang electoral fraud
natin and isa sa mga corrupt, in terms of iyong may corrupt practices
pagdating po sa eleksyon ay ang Mindanao. And iyong mga tao po mas
lalong naghihirap, bataevery year inaako pa rin ang historical injustice
na napapasa from one generation to another.
And in terms of historical point of view you mentioned about
tribes, ang naAalala ko when my lolo, Sultan Asghar Sani, was still alive
he told me, Anak, since time immemorial we already had the sultanate
system pero ngayon hindi na kami napapakinggan.
When we still
have the sultanate system, we were at peace with one another. Kapag
po may problema sa komunidad, its the datus, its the peace mediators
within the local community, its the council of our elders resolving the
different kinds of conflict in the community. Maganda po iyong practice
na iyon because with the council of elders, having a tribal council is very
much effective because we know the cultural sensitivities, we know the
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practices as far as Islam is concerned.
And ang nangyayari po kasi
ngayon if its a non-Moro implementing certain policies without the voice

of every sector, without the voice of Muslim, nagkakaroon po ng
problema on the ground. Insensitivities occur and so on and so forth.
So for us, having different voices can strengthen iyong matagal na po
naming beliefs and practices as far as culture and tradition is concerned.
And on the other hand also, subukan natin because ngayon hindi po
naging effective, nagkaroon po ng mga ibat-ibang corrupt practices
every year na lang po, and this is worth a try in terms of electoral
reform. And InshaAllah, God willing, it will work.
THE CHAIRMAN (SEN. MARCOS). Thank you.
Yes, Atty. Monsod also wanted to add something.
Well get to
you, Chief, after. The has not had a chance to speak yet.
Yes. Atty. Monsod, please.
MR. MONSOD. Good afternoon, sir.
Maybe I would like to address myself to the very valid question of
Senator Escudero about the social justice aspect of this. There are so
many social justice provisions in our Constitution as you know. Theyre
not only in Article XIII but in numerous others like, for example, the
term limits is a social justice measure.
The party-list system of
proportional representation is a social justice measure.
And the
question is does the indirect voting of a prime minister constitute an

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exception to the social justice system? And I believe the answer, sir, is
that he is directly elected by the people.
And if that is a structural
problem, and we are addressing structural problems, the more

important ones are other things like we are so focused on a speedy and
accurate count of a ballot today that has already been devalued by four
structural problems:
1) the improper use of government money in
electionsof money, in general, government money; 2) I hope I dont

offend anybodyis the dysfunctional political parties who gave the
voters very limited choices in elections so that their power to vote is
limited to those chosen by political parties mostly; 3) is the problem of
warlords and loose firearms; and 4) is the rise of political dynasties.
These are more important structural problems that we are facing and I
would agree with you, sir, that that may be a social justice aspect of not
electing a prime minister directly, but we are proposing that the twothirds vote to remove parliament be limited to the prime minister. So
he is individually accountable to the people who voted for him through
their elected representatives.
So if you look at it from that point of
view, Your Honor, it may not be too much of a structural problem on the
prime minister, sir.
Thank you.
THE CHAIRMAN (SEN. MARCOS). Thank you, Atty. Monsod.
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Chief, you wanted to add something after which I would like to

move on to the last cluster.
MR. DAVIDE. Just a little contribution, Your Honor.
Yes, Chief, you have the
floor.
MR. DAVIDE.
I think it is now an accepted concept, that a
parliamentary form of government/cbg
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MR. DAVIDE. ...parliamentary form of government is the most

responsive and responsible and accountable is because of its structure
itself. Its a global phenomenon now, as a matter of fact, that more
countries
are
doubting
the
parliamentary
form
of
government.
Because for a unitary system, the presidential system, much objections

have been raised because of the slow growth probably in the delivery
of equality or equalization.
And the provision now on the Bangsamoro parliament, especially
the composition, the classification and allocation of seats, the election
for reserved seats for non-Moro indigenous peoples would clearly show
that the idea really behind this is social justice, to allow the
marginalized sector of the Bangsamoro area to have a seat in the
parliament. Look at the reserved for the non-Moro indigenous peoples,
there was an objection that probably it might not even be very
democratic in the sense that you cannot directly elect the chief
minister.
And that is the idea really in a parliamentary form of
government. There is some sort of a fusion between the executive and

the legislative to promote precisely accountability and accountability.
But what we added here really and what we suggested is in the socalled no vote of confidence because originally, when there is a no
vote of confidence, the chief minister must at once dissolve the
parliament.
So it would therefore destroy the synchronization of

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elections under the Constitution. So we proposed that the no vote of

confidence only affect the government but not the parliament.
The
parliament will stay in the meantime so the people are really

represented.
The chief minister cannot just simply continue his
supremacy in the area.

I think what should be done in order really to have some
equalization and to give more meaning to social justice in the matter of
the parliament is to add the number of reserved seats for the nonindigenous or for others.
reserved seat.
For womenwomen shall also have a
Probably you could increase the number of seats for
women, and that is equalizing the political forces within. So I would

suppose when this was contemplated, it had in mind the best interest
of the Bangsamoro, to see to it that you really would give meaning and
significance to the concept of equality in the political structure.
SEN. ESCUDERO.
Mr. Chairman, a brief rejoinder before we
continue.
THE CHAIRMAN (SEN. MARCOS). Go ahead, please.
SEN. ESCUDERO. Thank you, Mr. Chairman.
Working with the panel, of course, I raise the concern basically
under the concept that, again, sa ngayon, binoboto ng mga tagaARMM, future Bangsamoro, iyong head of government nila. That has
been going on since 1996. Kung may dayaan man o wala, may barilan
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man o may tutukan, may bilihanI mean, they are voting directly for
the head of government of the ARMM. After we pass this, they can no
longer do that.
Now, you say there is a council of elders, the datu system. But
the council of elders and the datus and the sultans are all determined
by the accident of birth. Pinanganak silang sultan, anak ng sultan, apo
ng sultan, anak ng datu.
Paano po iyong hindi?
Wala ba siyang
karapatan na pamunuan iyong BBL pagdating ng panahon? Ang may

karapatan lang bang pakinggan, sundinI know, its cultural, but,
again, hindi naman lahat ng magandang intensyon limitado lang sa
mga datu at sultan. May hindi datu at sultan na maganda ang plano at
bisyon at intensyon para sa BBL. And we cannot take that right away
from him. And I would not want to take that right away from him.
Pinag-usapan natin iyong parliament, sila ang pipili. Sige po. But
I dont think it should be 50 percent party-list, 40 percent directly
elected by the people representativesrepresentatives rather directly
elected by the people, and only 10 percent sectoral, as you said, too.
In the current computation, sir, 80 members of parliament iyan
because there are 32 district representatives. If it is equivalent to 40
percent, then you have 40 party-list representatives and eight sectoral
representatives. Thats how the parliament will look like.
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Do you honestly think, sir, that they can choose a leader that
best represents the entire membership of the BBL? Meaning, everyone
living there? Ngayon pa lang ho sa Kongreso ang dami nang gustong
magpa-abolish ng party-list system. I mean, instead of learning from
history, we are repeating the same mistakes of history and doing it all
over again here.
It sounds good that the party-list system will give representation
to the various sectors.
But looking at Congress, ni isa ho ba may
mangingisda doon? May ni isa bang tunay na magsasaka na talagang

nagsasaka ng lupa na miyembro ng Kongreso ngayon?
seen that for the longest time.
We havent
In fact, the party-list group has a
mechanism for families to enter Congress instead of through the

district system.
I have no strong objections really, not even legal as of yet on
having a parliamentary form, but I wanted to be more democratic,
more fair, more open to the ability of a person born not as a datu or
sultan to serve the BBL, to be a part of it, to be a part of molding it,
shaping it and making it the better place to live in and not simply limit
it to those who happen to be that, meaning, a sultan, a datu relative
by the accident of birth.
Hindi naman ho lahat tayo maswerteng
ganoon. Mas marami actually ang hindi.
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So whether by increasing sector representatives, increasing

district representatives, reducing party-list groups or defining and
really clarifying, learning from the mistakes of the past nitong partylist system, kung sino lang ba talaga ang pwedeng maging party-list
group.
Remember before, you had the son of a former president
representing a party-list of security guards. How can that be? And that
was found legal?
Again, having a party-list system might not
guarantee actually representation. The intention is there, I admit. But

we have to learn from the mistakes of the past. And, hopefully, make
the parliamentary system more vibrant, democratic and reflective of
the sentiments of the people for it to be truly representative of the
sentiments of the people in the BBL.
I hope you will work with us on that po.
THE CHAIRMAN (SEN. MARCOS). Thank you.
As you can all imagine, these questions that we asked are really
the results of the discussions that we have been having and they are
extremely important but highly involved questions and that we cannot
resolve today without pushing aside some of their presentations that
are awaiting.
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And so with everyones permission, I would like to then proceed

to the presentation of the Cluster on Peace and Order and Human
Security which will be given us by Secretary Edilberto de Jesus.
Secretary, please proceed.
MR. DE JESUS.
Thank you very much, Mr. Chairman,
Honorable Senator Escudero.

As co-chair of
this Cluster, I have been tasked to present the
report. Unfortunately, my co-chair, General Alex Aguirre, is not able o

join us this morning. And I would like to say that his views on the BBL
as a lawyer and as a soldier have enriched our discussions in this
cluster.
I am not a lawyer, I am not a soldier,
and actually I am not
even the president of the Asian Institute of Management anymore. For

the record, Mr. Chairman, I stepped down in 2012 andalthough I
have stayed in the faculty as professor emeritus. So I must begin by
placing this report in context.
First of all, the output of the cluster as indeed the output of the
entire Peace Council is the product of a collaborative effort. I hope the
Committee will find reassuring that the Security Cluster benefitted
from the council given by six retired generals.
Second, from the diversity of our individual experiences, we
came together to try to understand the proposed BBL. As individuals,
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we had our own views on priority issues and different preferences on

the language to express these views.
But we focused on what we
considered the contentious issues and reached consensus on what we

collectively could support.
Third, even as we recommend our conclusions, we recognize that
the legislature must bear the responsibility of passing the BBL.
The
Peace Council is a private, civil society effort to promote the peace

process by helping to clarify the complex issues raised by the BBL.
The House of Representatives stressed that it wanted to pass an
effective law, one that substantially address the problems of the
region... /jmb
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MR. DE JESUS. address the problems of the region but also

one that could be properly enforced. We assure the body that we also
share this objective. Senate President Drilon stated that the BBL law
must be constitutional, fair and inclusive. And we affirm that we also
regard these as essential criteria without which the law will not be
effective.
Recognizing the importance of the BBL to the entire country, we
come to the Senate in the spirit of seeking to make a contribution
towards understanding what will be required to make the law more
effective.
It is crucial to establish this as the premise of our
deliberations on the issue of security which for a number of reasons

has become arguably the most sensitive of the themes addressed by
the council.
First, while failures in the other clusters can lead to difficult legal
cases or heavy financial losses, mistakes on security issues can
immediately lead to the massive displacement of communities and the
loss of lives.
Second, the security issues we face in the Bangsamoro region
already
embraces
an
international
dimension.
We
have
the
engagement of Malaysia, the Organization of the Islamic Conference

and International Monitoring Team as well as the United States and its
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current and potential allies in the global war on terror.
Ending the
violence in Mindanao is no longer simply a national concern.

The third factor that made security a sensitive issue is, of course,
the Mamasapano incident.
Observers have commented that without
Mamasapano, the BBL deliberations would have proceeded with less

friction and less heat.
For the cluster to avoid addressing Mamasapano would have
been to ignore the elephant in the room that is sucking up all the
oxygen. Thus, the cluster focused on three areas of concern: First,
the issue of trust which is critical to the peace process and has been
undermined by Mamasapano; second, provisions in the BBL pertaining
to public order and safety, Article XI, and the normalization process;
and third, broader issues of peace.
On the issue on trust, we must recognize, in fairness, that both
parties in the peace processthe government and the MILFfelt a
betrayal of trust. Difficult as it is, both sides must distance the issue
from the grief and the anger provoked by the casualties they suffered
at Mamasapano.
The cluster acknowledged the supreme sacrifice that the SAF
troopers made in giving up their lives in the line of duty. We owe them
honor and our survivors assistance.
But we must also place this
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incident in context and in perspective. Mamasapano was not a suicide

mission.
We are not talking here about the 300 Spartans marching
through Thermopylae to fight beach battles against thousands of elite

Persian forces.
The PNP deployed 300 SAF troopers to arrest or neutralize two
international terrorists. Nor, some of you may remember, Tennysons
Charge of the Light Brigade, Mamasapano was not that either where
600 light cavalry of the British attacked, entrenched artillery positions.
They knew what they were getting into but they attacked nonetheless
because the order had been given.
The SAF troopers attacked in the dead of nightin the early
morning actually with proper planning. And, as it turns out, not all of
the 300 sent out to Mamasapano actually were engaged in the combat.
So even as we recognize the heroism of those who died, we cannot
overlook the failures in planning, leadership and discipline in the
conduct of the operation that had already been noted in official
reports. But again I say, those failures do not diminish our debt to the
dead and our duty to make sure that they are properly remembered.
Similarly,
while
acknowledging
the
failure
of
the
PNP
to
undertake proper coordination with the MILF, the MILF must also
account for whatever failures and discipline and whatever crimes their
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4
men might have committed during the firefight in violation of Philippine

and international humanitarian laws.
The cluster concluded that the full resolution of the Mamasapano
incident should not become a precondition for pursuing the peace
process.
By its nature, conflict breeds mistrust which Mamasapano
has unfortunately intensified. Conflict resolution requires a willingness

to hope.
To conclude a peace agreement, parties to the conflict must be
willing to suspend mistrust long enough to make negotiations
productive. The real work of peacemaking is reconciliation and justice
and that comes after the agreement not before.
Signing peace
agreements does not by itself ensure peace but it makes possible the
reduction of violence and creates the space for reconciliation.
The cluster therefore believes that the best way to rebuild trust
is to pursue the peace process and the passage of the BBL even as the
task of evaluating the failures of Mamasapano continues because
Mamasapano did reveal fundamental security gaps and raise crucial
questions
about
how
government
manages peace
and security
including the coordination of the AFP and the PNP.

Resolving questions about Mamasapano and indeed about all the
incidents of injustice during the decades-long insurgency may need to
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go beyond ordinary penal laws. A criminal code copes poorly with the
complex questions that arise from the extraordinary circumstances of
armed conflict, nor can it effectively delude deep-seated grievances
and intergenerational prejudice. But the peace agreement is necessary
to end violence and bring contending parties to a common legal regime
that can address the requirements of justice.
Once the BBL is passed, these important questions can be
brought under a civic or even legal regime established within the BBL
or through other related institutional mechanisms. The security cluster
saw the BBL and the peace agreement as the foundation upon which to
establish the long-term work of reconciliation and justice.
The second issue the cluster explored was the security threat of
secession.
Some sectors have claimed that the BBL contains no
commitment
or
assurance
that
the
MILF
or
the
Bangsamoro
government will not secede from the Republic in the future.
In the
first place, the peace process could not have progressed if the MILF
had
not
agreed
to
accept
autonomy
instead
of
pressing
for
independence as a separate Islamic state. The BBL itself once passed

is the assurance that the MILF has set aside its drive for secession.
Signing the peace agreement with the government for autonomy
integrates the MILF and the Bangsamoro into the Republic.
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The engagement of foreign countries in the peace process makes

them witnesses to the fact that secession is outside the scope and the
intent of the BBL. The support of the international community for the
framework of a peace process anchored on the Constitution and the
sovereignty and territorial integrity of the Republic would weaken any
support for international recognition of Bangsamoro as an independent
state.
Whether secession remains as threat, after the passage of the
BBL, will depend on how the relations between the Bangsamoro and
the national government develops.
Feeling disadvantaged, Catalonia
has expressed the wish to secede from Spain, and Scotland from the
United Kingdom.
If
the
Bangsamoro
community,
even
while
autonomous,
continues to find itself exploited and victimized by an abusive national

government, then succeeding Bangsamoro generations may well revive
the call for secession. In truth, there is no silver bullet, as there is no
silver bullet that will erase all sources of violence, there is no magic
vaccine.../jun
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MR. DE JESUS. there is no magic vaccine that will inoculate

the country from the problems of future misgovernance by corrupt or
incompetent leaders.
In the meantime, the best guarantee against
secession is the passage of the BBL and its effective implementation,

to provide a national environment that allows the Bangsamoro
autonomous region to develop as part of a diverse Philippines. And we
must work together to ensure that we give them no reason for
secession.
The cluster also sought to clarify some specific provisions of the
BBL.
On the creation of a Bangsamoro command of the AFP, the
provision in Article XI, Public Order and Safety, Section 15, has been
wrongly interpreted as permitting the Bangsamoro government to
organize its own army.
But Bangsamoro command, if and when it is
organized, will be established by the national government, not by the

Bangsamoro government. It will remain under the AFP chief of staff
and it will be similar to existing commands in Mindanao such as
WestMinCom, Western Mindanao Command.
On the Bangsamoro Police, Article XI, Section 2, explicitly states
that The Bangsamoro Police shall be part of the Philippine National
Police. This does not end in speculation that the police may grow into
a separate armed force of the Bangsamoro government. To clarify any
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doubts as to supervision of this Bangsamoro Police, the cluster

suggested language to stress that the Bangsamoro Police vote(?) shall
be part of the Philippine National Police in accordance with Chapter 3
of the DILG Act of 1980, Republic Act 6975 as amended.
This
additional clause will guide the Bangsamoro assembly when it

legislates the law that will govern the Bangsamoro Police.
On normalization and decommissioning of the MILF, critics
expressed concern over the lack of a clear and specific time frame for
decommissioning. The phasing of the decommissioning of the MILFs
armed forces has been tied to milestones in the implementation of the
peace agreement. For instance, upon the creation of the Bangsamoro
Transition Authority, the MILF will decommission 35 percent of their
forces and weapons.
This is the approach followed in other
agreements abroad between governments and insurgent forces. The

surrender of the means of self-defense is not a step taken lightly by
insurgent forces.
The MILF also needs the assurance that the
government will keep its end of the peace bargain.
Moreover, the
MILF also confronts threats from other armed groups in the region that
the national government has not been able to control. If we wish to
accelerate the decommissioning process, therefore, we should quickly
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pass the BBL which is required for the creation of the Bangsamoro
Transition Authority, a milestone for decommissioning.
Transitional justice, a comprehensive solution on peace and
security.
The BBL currently refers to the creation of a transitional
justice mechanism that addresses the legitimate grievances of the

Bangsamoro people such as historical injustices, human rights
violations,
marginalization
through
unjust
dispossession of their
territorial and proprietary rights and customary land tenure. The

current Transitional Justice and Reconciliation Commission has already
begun addressing some of these issues.
The creation of a stronger
transitional justice mechanism may give an opportunity to ensure that

full measure is given to address grievances beyond Mamasapano and
beyond land disputes with impartiality and sensitivity. The BBL itself
may be the instrument for expanding the TJRC or a separate body may
also be established. We need to empower an institution that will have
enough
time
and
resources
to
understand
and
reconcile
the
overlapping claims of the Penal Code, International Humanitarian Law,

the laws of war and the campaign against terrorism.
Transitional
justice aims at both conflict resolution and conflict prevention.
It
should include the task of crafting the Philippine narrative of its

internal conflicts.
We must strive to ensure that it is a shared and

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inclusive narrative however imperfect the initial draft may be. Many of
us have been far removed and detached from a conflict that has
affected generations of our fellow Filipinos. We are as likely to repeat
the failures of peacemaking as our predecessors if we remain ignorant
of the roots of this conflict and its current context. A country of great
cultural diversity, the Philippines needs a shared and inclusive
historical narrative.
The resolution of the separatist insurgency in
Mindanao offers us a chance to begin this crafting.
The ultimate
purpose of transitional justice goes beyond ending violence, assigning

blame and administering punishment.
The objective is reconciliation
and healing to end the cycle of deprivation and destitution, the tragedy
and the horror that conflict brings.
To borrow Argentinas battle cry
against oppression, Nunca Mas, Never Again.

We hope the Senate will lend its voice to the countrys cry for
peace.
Thank you very much.
Thank you, Secretary De
Jesus.
And that brings us to the end of the presentations and beyond, in
fact, our allotted time. So, we will have to bring this hearing to an end
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for now. Certainly, the presentations that were given us this morning
and this afternoon, we will be providing copies to the other senators.
I would just like to make a quick inquiry, is the Peace Council
now dissolved after you have written your final report, Chief Justice
Davide?
MR. DAVIDE. May I have it again, Your Honor?
Is the Peace Council now
dissolved or is still extant even after you have given your final report
to both Houses?
I only asked simply because there may be requests for questions
to be propounded to the members of the Peace Council after today.
MR. DAVIDE.
Yeah, at any time. We will consider that, Your
Honor.
THE CHAIRMAN (SEN. MARCOS). Thank you very much.
That gives us the opportunity to go into more details on some of
these questions that we were beginning to cover in some of the
comments that were made by Senator Escudero and myself.
So, I thank you all very, very much. It has been a very helpful
and useful exchange. And we are privileged, I will say once again, to
have individuals of such stature bringing their views and suggestions
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to the Committee. So, I thank you very much on that. And if there is
nothing else, we are adjourned.
Thank you very much.
Secretary De Jesus.
MR. DE JESUS. With your indulgence, Mr. Chairman, may I just
address the first question that honorable Senator Escudero raised in
the first intervention?
I cannot speak for the MILF because we did not have any
opportunity to invite any of them to our meetings.
But I think the
OPAPP and the negotiating panel may have not succeeded in

expressing
their
views
on
the
BBL
becausewe
did
have
an
opportunity to meet with them and Senen Bacani, for instance, clearly
admitted that there are certain areas that needed clarification and he
was hoping that these clarifications will be made in the course of the
legislative process.
Thank you very much, Your Honor.
SEN. ESCUDERO.
Mr. Chairman, just a brief rejoinder on that.
I completely agree, sir, but, again, youre kinder than I may possibly
be.
They were simply unsuccessful in imparting that message and
perhaps, creating that image that indeed they were open.
Perhaps,
they were giving us a hard time. Parang sa negosasyon, hindi ba, aim
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high, shoot low.
Perhaps, they read their book, Getting to Yes,
Getting Post No, that you should start here.
But thats not how it
should be. As you said earlier, sir, distance Mamasapano and that is a
very sensitive issue, but government is not helping any also. MILF ang
pumatay sa SAF 44, sasabihin ng OPAPP at GRP, Thats a different
issue. Hindi MILF ang pumatay kay Usman. But government will say,
Thank you, MILF. I dont get it. Hindi ba, iyong pinatay nila/cda
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SEN. ESCUDERO.
iyong pinatay nila, hindi sila may kasalanan.
Iyong hindi sila pumatay, papasalamatan natin sila for killing a terrorist.
Then they should not also connect that if you will not be connecting this.
And as a last point, sir, to find the MILF and the GRP have
developed trust in the course of the years that they have been talking.
But they should win over the trust of the Senate as well, of Congress,
and most importantly, of the people.
And they have not been able
through that with their stance, with how they have been speaking.
Thats why I welcome the creation of the peace panel because you are
more level-headed, reasonable, rationale, reconciliatory and actually
speak with a more reconciliatory tone than anyone who ever faced us in
the course of our deliberations in connection with the BBL and with an
open mind na hindi iyong sagrado at sarado na lamang.
And as the last point, Mr. Chairman, Your Honor, we have been
discussing in the Senate from day one, bakit ba hindi na lang
amyendahan natin iyong ARMM?
naman?
Bakit ba kailangan panibago na
O kung babaguhin namin, di sabihin nating, Bangsamoro
Autonomous Region (BAR) instead of ARMM.
It will convey clear
messages and allay a lot of fears too.
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Ang tanging sagot na nakuha po namin mula sa OPAPP at GRP,

Its a political statement.
Well, political statements belong in
speeches, not in laws.

As a final point, Mr. Chairman.
Sir, the MILF killed the SAF 44 because they did not coordinate.
Thats the long and short of it, according to their report.
Now, the
words coordinate, coordinated, and coordinative appears 26 times in

the BBL. Kung ngayon pa lang po ay hindi pa batas nagiging dahilan
iyon, ano pa kaya kung batas.
So all the more reason that we should be able to clarify and
remove any doubt with respect to the meaning of the words used in the
BBL because each and every word used here would have a legal
meaning, not only a political meaning.
Iyong political meaning, they
should explain that to their counterparts. We only deal with the legal
effected meaning of the words and provisions used in the BBL.
We look forward, sir, to working with each and every one of you in
each of the Clusters. And I think it would be easier to work with you in
crafting a more meaningful BBL, sir, hopefully in coordination also with
the OPAPP, MILF and GRP.
Thank you po.
Magandang hapon.
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Thank you, Senator
Escudero.
It has been our experience that both in and out of formal
hearings, the pronouncements of OPAPP and MILF and again the
executive have been rather strident. If you remember, we began at a
point of rather no BBL than a mauled BBL, was the statement. If we are
gratified and encouraged to hear a different tone from the peace council
and I think the peace council in that regard has certainly moved at a
process forward.
And for that, once again, we thank you.
On that note, we are adjourned.
Ladies and gentlemen, thank you very much.
[THE HEARING WAS ADJOURNED AT 1:05 P.M.]/cmn
112

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Republic of the Philippines

CONGRESS OF THE PHILIPPINES

Tuesday, May 5, 2015

Sen. Ambrosio B. Padilla Room

Senate Bill No. 2408 An Act Providing for

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

Ms. Chynna Lacuna Pangan

- Legislative Committee Secretary

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

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

AT 10:21 A.M., HON. FERDINAND BONGBONG

Good morning ladies and

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

the former NEDA Secretary, Secretary Cayetano Paderanga, who

Cluster 2, on Economy and Patrimony, Mr. Jaime Augusto Zobel de

And finally, Cluster 4,

represented by Dr. De Jesus, he was a co-chair of the cluster.

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

So afterwards, we will propose that all of them should first be

Congress decided to stop its deliberations on the

Bangsamoro Basic Law as some members raised questions about the

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

Realizing the critical importance of the BBL to the

peace and development of Mindanao as well as to the peace and

Although we came from different fields of endeavor, we

This will require an effort to

understand the provisions of the BBL in the context of the history of

forward the stalled peace process.

In all, 136 Filipinos,

Christians, Muslims and indigenous peoples, including religious leaders,

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

first, constitutionality, forms and powers of

government; second, economy and patrimony; third, social justice and

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

Overall, we agreed that the BBL is overwhelmingly acceptable

The BBL seeks to implement the constitutional

mandate for autonomy enshrined by the 1987 Constitution.

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

To a large extent, the

grant of autonomy within the framework of national sovereignty had

Clearly, autonomy and

peace and development, all constitutional mandates have become

Mindanao holds the

nations untapped but already threatened resources. The potential for

At no other time has so much political will been

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

Thank you very much, Mr. Chairman, and

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

mandates of the 1987 Constitution is being questioned and threatened

The cluster members conducted a review of the

numerous position papers, studies and statements presented and

Shifting through the different positions, the

cluster then identified key contentious issues that need to be examined

The task was difficult and challenging for both

oppositors and supporters articulated the respective positions with

But it could not for it had before it the

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

members of the House of Representatives.

The cluster had has to

move forward relentlessly up to the end.

Its report is heard first by this