BBL IN SENATE: Public Hearing in Tawi-tawi, Nov 11, 2014

Republic of the Philippines CONGRESS OF THE PHILIPPINES

SENA TE Pasay City

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION

DATE : Tuesday, November 11, 2014 TIME : 10:00 a.m. VENUE : Sandbar Lepa Convention Center

Pasiagan, Bongao, Tawi-Tawi 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

SENATOR PRESENT: HON. FERDINAND R. MARCOS JR. - Chairman, Committee on

Local Government

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Committee on Local Government joint with the Committee on Peace, Unification and Reconciliation Tuesday, November 11, 2014 Page 2 GUESTS/ RESOURCE PERSONS: Hon. Ruby M. Sahali - Congresswoman, Lone District of

Tawi-Tawi, House of Representatives Hon. Nurbert M. Sahali - Governor, Province of Tawi-Tawi Hon. Sadikul A. Sahali - Former Governor, Province of Tawi-

Tawi Hon. Michail Ahaja - Vice Governor, Province of Tawi-Tawi Hon. Bonging Abdurahman - Mayor, Municipality of Simunul, Tawi-Tawi Mr. Sastri Buddin - Director, Civil Service Commission Tawi-Tawi Hon. Sulay Halipa - Assemblyman, Autonomous Region

in Muslim Mindanao (ARMM) Hon. Jose Lorena - Undersecretary, Office of the

Presidential Adviser on the Peace Process (OPAPP)

Prof. Miriam Coronel-Ferrer - Panel Chair for Peace Negotiations

with the MILF, Office of the Presidential Adviser on the Peace Process (OPAPP)

Atty. Al Amin Julkipli - GPH Panel, OPAPP Atty. Antonio Kinoc - MILF Panel Member Atty. Akmad A. Sakkam - Commissioner, Bangsamoro

Transition Commission (BTC) Mr. Asani Tammang - Commissioner, BTC

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Committee on Local Government joint with the Committee on Peace, Unification and Reconciliation Tuesday, November 11, 2014 Page 3 Atty. Lanang Ali Jr. - Legal Staff of BTC Chairman

Mohagher Iqbal Ms. Amina Rasul-Bernardo - President, Philippine Center for Islam

and Democracy (PCID) Board of Trustee, Mindanao Development Authority

Atty. Lorenzo R. Reyes - Chancellor, Mindanao State

University, Tawi-Tawi Sister Diana Fe T. Gillesania, OND - Oblates of Notre Dame, Bongao,

Tawi-Tawi Daughters of Charity Sisters; Principal, Notre Dame High School Ms. Mary Anne Abdulmunap - Chair, Parish Pastoral Council, Our

Lady of Holy Rosary Parish, Bongao, Tawi-Tawi

Mr. Babylyn Cano-Omar - Station manager, DXGD Radio

Station Mr. Aljemedin S. Jaudinez - Supreme Student Council, Mindanao

State University (MSU), Tawi-Tawi Prof. Abduljim Hassan - Director of Sama Studies, MSU Hgi. Jutpin J. Sajili - LGU Sitangkai, Tawi-Tawi Mr. Rosendo Reyes - President, MSU Alumni Association Mr. Magsaysay Werble - Dean, President of the Federation of

Tawi-Tawis CSOs/NGOs Ms. Mucha-Shim Lahaman Quiling - Secretary General, Katutubong

Alyansang Lumad Moro Para sa Angkop at Mapagpalayang Edukasyon

Mr. Musa Aming -Tarbilang Foundation

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Committee on Local Government joint with the Committee on Peace, Unification and Reconciliation Tuesday, November 11, 2014 Page 4 Ms. Dayanara S. Aming - Unified Successors for Change Ms. Mernalyn A. Isa - Association of Women Educator Ms. Arlene Sevilla - Tawi-Tawi Alliance of Civil Society

Organizations SENATORS STAFF:

Atty. Luzviminda D. Lavarias - O/S Marcos Atty. Jose Cadiz Jr. Atty. Tomas Basa

- O/S Marcos - O/S Marcos

Ms. Gene Ferrer - O/S Marcos Ms. Gloria Ildefonzo Ms. Agnes Frogoso Mr. Ronel Pelovelco Mr. Julius Palamos Mr. Reynato S. Custodio Ms. Marivic Ching Mr. Nelson Ortiz Ms. Arifah M. Jamil

- O/S Marcos - O/S Marcos - O/S Marcos - O/S Marcos - O/S Marcos - O/S Marcos - O/S Marcos - O/S Marcos

SENATE SECRETARIAT:

Ms. Assumption Ingrid B. Reyes - Committee Secretary, Committee on Local Government

Mr. Elpidio H. Calica, MNSA - Committee Secretary, Committee on Peace, Unification and Reconciliation

Ms. Jo B. Cadaing - Committee Stenographer Ms. Cindell B. Gealan - Committee Stenographer Ms. Jeanne M. Baisa - Committee Stenographer Ms. Anna Leah C. Catimbang - Committee Stenographer Mr. Bong Villanueva Mr. John H. Herrera

- Senate Tax Study and Research Office (STSRO)

- Office of the Sergeant-at-Arms (OSAA)

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Committee on Local Government joint with the Committee on Peace, Unification and Reconciliation Tuesday, November 11, 2014 Page 5

Mr. Relindo M. Lopez - Office of the Sergeant-at-Arms

(OSAA) Mr. Jimmy Gaviola - Assisting Staff Ms. Ana Marie F. Deplomo - Assisting Staff Ms. Avigail G. Andaya - Assisting Staff

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

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION JTBCadaing I-1 November 11, 2014 10:30 a.m. 1

AT 10:30 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 of November

11, 2014 here in the province of Tawi-Tawi is called to order. Our

agenda for today is to hear the different positions of different resource

speakers on Senate Bill No. 2408, entitled 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.

I would like to acknowledge for the record our resource persons

who are here with us today and I would, first, want to thank all of you.

It is the southernmost part of the Philippines and some of our resource

persons have come from quite far away and I am very happy that they

were able to attend because this is too important for us to just discuss

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in Manila where the stakeholders will not be properly heard. So this is

our opportunity to give everyone a chance to speak.

Let me go down the list. From the OPAPP, the panel chair for the

peace negotiations with the MILF, Prof. Miriam Coronel-Ferrer, Usec

Jose Lorena and Atty. Al Amin Julkipli; The commissioners from the

Bangsamoro Transition Commission, Commissioner Akmad Sakkam,

Commissioner Asani Tammang.

With me here at the table is the congresswoman from Tawi-Tawi,

Representative Ruby Sahali. Also here with me is Governor Nurbert

Sahali, Vice Governor Michail Ahaja, Assemblyman Sulay Halipa.

From the various municipalities, Mayor Bonging Abdurahman and

others; Ms. Mary Anne Abdulmunap, the municipal administrator of

Bongao; the municipality of Panglima Sugala, Ms. Janet Cabanog, who

is their Sanggunian member, who is representing the mayor.

From the Philippine Center for Islam and Democracy, the

president is Ms. Amina Rasul-Bernardo; also, the chancellor of

Mindanao State University, Atty. Lorenzo Reyes; the station manager

of DXGD, Babylyn Cano-Omar; president of the MSU Alumni

Association, Engineer Rosendo Reyes; president of the Federation of

Tawi-Tawis CSOs/NGOs, Dean Magsaysay Werble; secretary general,

Katutubong Aliansang Lumad Moro Para sa Mapagpalayang Edukasyon,

Ms. Mucha-Shim Lahaman Quiling; from the Tarbilang Foundation,

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Musa Aming; from the Unified Successors for Change, Dayanara S.

Aming; the Association of Women Educators, Mernalyn A. Isa; from

the Tawi-Tawi Alliance of Civil Society Organizations, Arlene Sevilla.

So these are the resource persons that we have here before us.

Just a quick rundown on how we intent to conduct this hearing.

We will go down the list. I am assuming, of course, that everyone has

had a chance to study the Bangsamoro Basic Law in the version as it

was passed on to the Senate and the House of Representatives by the

President. And I presume that everyone has read, at least, has been

able to see a copy of this. And we will now go down, of course, the list

and take the positions of the different organizations that are

represented here today. I think it is just right that we will start with

our host. I was just saying that this is the most luxurious hearing

venue that we have ever had and we thank, of course, our host for

their great hospitality. So we will start with the governor.

Governor Nurbert Sahali, please give us your position on the

measures in question.

MR. SAHALI. Thank you, Excellency.

The Honorable Senator Ferdinand Marcos Jr., representatives

from the Office of the President of the Peace Process, Honorable

Congresswoman Ruby Sahali, Vice Governor Michail Tati Ahaja, board

members of the province, members of the League of Municipalities,

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members of Philippine Councilors League, heads and representatives of

the regional and national line agencies, representatives from the

academy community, the civil society and non-government

organizations, members of the Armed Forces of the Philippines and the

national police, friends, ladies and gentlemen, Assalamu alaikum wa

rahmatullahi wa barakatuh.

I am indeed honored by the presence of the good Senator, the

Honorable Bongbong Marcos and his party. In behalf of the good

people of Tawi-Tawi, I welcome you to our province of 307 islands.

Today and in the next few days, the people of Tawi-Tawi are

asked whether proposed Bangsamoro Transition Commission, draft

Bangsamoro Basic Law is good enough to replace the existing ARMM

Law. The people of Tawi-Tawi and I believe the rest of Moro

communities in this country are beginning to show signs of

hopelessness in the endless experimentation by the national

government in the Bangsamoro. I guess the national government

simply did not know what to do with the Moros in this country. As a

person, in the 1970s, the government created and established one

Lupon, then the ARMM.

Today, we are once again gathered here to discuss and present

our views and opinions to the proposed Bangsamoro Basic Law. We

hope and pray that this proposal enhanced by our views and opinions,

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will bring peace and development to our communities. We recognize

and understand the proposed BBL is not perfect, assume to encompass

the aspirations of our people. That is why we are here gathered to

ensure that the different communities and their aspirations are parts of

the proposed law.

The Senate Committee on Local Government, represented by

honorable Senator, is here with us today to ensure that the people are

informed and consulted on key issues that directly impact on them.

Having said that, I therefore ask everyone and all sector-

participants in public hearing to take this consultation process as an

opportunity to be part of history in the making.

Assalamu alaikum wa rahmatullahi wa barakatuh.

THE CHAIRMAN (SEN. MARCOS). Thank you, Governor

Sahali.

And I think we can hear next from the representative of the

province of Tawi-Tawi, Representative Ruby Sahali.

Congresswoman, please, you have the floor.

REP. SAHALI. Thank you, Mr. Senator. Assalamu alaikum wa

rahmatullahi wa barakatuh. Good morning po sa inyong lahat.

I would like to welcome all of you in this public hearing on the

proposed Bangsamoro Basic Law. We are in support. For the record,

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we are in support to the efforts of the government for a lasting peace

here in Mindanao. This is an opportunity/jtbc

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION CBGealan II-1 November 11, 2014 10:40 a.m. 1

REP. SAHALI. ...This is an opportunity for all of us to listen and

understand the framework of the proposed Bangsamoro Basic Law.

Have a deeper understanding on the creation of Bangsamoro

government that will represent our culture and religion. We hope that

today will be a productive one and all issues and concerns are raised in

order of clarity on the other issues that will surely affect most of our

people, because you know why? Because were going to have an

institutional revolution kapag nagawa po iyong Bangsamoro

government and it will affect tremendously the life of our people here

in Tawi-Tawi. So having a public hearing, it shall bring the utmost

understanding and information for all of us. And in behalf of the

people of Tawi-Tawi, Mr. Senator, we wanted to thank you for coming

over to Tawi-Tawi, and your staff, and to all the MNLF panels, the

Bangsamoro Transition Commission and from the OPAPP, and from the

peace panel of the government, and to all the islanders who are here,

welcome po to the public hearing. Maraming salamat po.

And for the record, Tawi-Tawi was created through Presidential

Decree 203 which was signed by then President Ferdinand Marcos last

September 27, 1973. We are now 41 years old as a province. So with

that, maraming salamat po, Mr. Senator, Legacy po iyan for the people

of Tawi-Tawi.

Good morning po sa inyong lahat

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THE CHAIRMAN (SEN. MARCOS). For this hearing, we have

invited the municipal mayors, some whom are here, but I think they

have prepared a joint decision which will be given to us by Mayor

Bonging Abdurahman of the municipality of Simunul. So Mayor

Abdurahman perhaps will give us the decision or give us some of the

ideas, the reactions of the mayors of the different municipalities about

the Bangsamoro Basic Law as it has been given us.

So, Mayor Abdurahman.

MR. ABDURAHMAN. Good morning to all. First of all, I would

like to thank Senator Bongbong Marcos for gracing us with his

presence in this public hearing on the Bangsamoro Basic Law. There is

actually no quarrel in the acceptance of the Bangsamoro Law. Indeed,

we are very honored with your presence here, as we said. And for the

mayors, we will just be submitting our position paper later, Mr.

Chairman, because the president of our league was not able to catch

up with the plane.

So anyway, in the process, to be participating in the dialogue,

and for the record, we will just be submitting it later as soon as we are

able to get a copy from the president of the league because right now

he is not with us.

THE CHAIRMAN (SEN. MARCOS). Very well. Thank you.

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As we are preparing with the group of the round table, perhaps

now we can listen to the President of the Philippine Center for Islam

and Democracy, the Board of Trustee of the Mindanao Development

Authority, Ms. Amina Rasul-Bernardo.

MS. RASUL-BERNARDO. Thank you, Mr. Chair.

First, to my relatives from Tawi-Tawi, Assalamu alaikum wa

rahmatullahi taala wa barakatuh, especially for my relatives from

Sabah [speaking in Tausug dialect]. Again, thank you, Mr. Chair, and

former Senator Rasul also wants to extend her best regards to

Governor Sahali, Congresswoman Sahali and our favorite, Governor

Sadikul Sahali whom we have known since he was a board member of

the republic(?), hindi ba?and to all of you who have come to this

hearing.

Mr. Chair, if you will permit, I would like to read the statement

that we have prepared because I think it would be a good way of

starting since we have identified some of the issues that had been

raised in the many consultations that we did in the islands as well as in

Central Mindanao.

To my colleagues from Tawi-Tawi and from the rest of the

Philippines, this is the statement of the Philippine Center for Islam and

Democracy on the Bangsamoro Basic Law.

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PCID supports the enactment of the draft Bangsamoro Basic

Law. It is our hope that the resulting legislation will ensure the

economic, political and social dividends will be deemed for the benefit

of all. The BBL is the next step towards ensuring that a just and

lasting peace is established pursuant to the signing of agreement with

the MILF. The draft BBL is the product of over two decades of up and

down negotiations, at times contentious. Once enacted into law by

Congress and ratified from a plebiscite, the BBL will serve as a charter

for the new autonomous political entity called Bangsamoro. Thus,

replacing the present Autonomous Region of Muslim Mindanao which is

the product of peace agreement with the Moro National Liberation

Front.

The Muslim and the non-Muslim citizens of the Philippines who

belong to the Islamized indigenous tribes or nationsMaguindanao,

Maranao, Iranun, Tausug, Sama, Badjao among manyas well as

other Mindanao communities have long been waiting, through

generations, for a just and lasting peace. A just peace is essential to

compensate for the stolen sovereignty of our tribes and nations. We

have to bear in mind that the Muslim liberation fronts, both the MNLF

and the MILF, fought for independence of the Islamized tribes or

nations whose sovereignty was usurped by colonial masters. The wars

of independence carried over from the Spanish to the American era,

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continued during the establishment of the New Republic of the

Philippines and beyond. With the signing of the peace agreement, the,

at that time, undivided Muslim Liberation Front, the MNLF, accepted

autonomy in lieu of independence.../cbg

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa III-1 November 11, 2014 10:50 a.m. 1 MS. RASUL-BERNARDO. in lieu of independence.

In view of the tumultuous history of our peace processes, we

hope that the law to be enacted shall not significantly depart from the

spirit, the objectives and intentions of the agreements that have been

signed.

The draft bill is far from perfect. However, it does enhance the

powers granted to the region by RA 9054 which strengthened and

expanded the ARMM which was established by RA 6734, the original

Autonomy Act. This enhancement, together with the bills various

provisions, are considered necessary for the successful implementation

and running of the Bangsamoro to the benefit of all.

PCID has conducted and participated in workshops and

consultations with the Foundation for Economic Freedom, an

organization that includes in its members four former Department of

Finance secretaries led by Cesar Virata, the first prime minister and the

only prime minister of the Republic under your fathers government. It

also includes former Secretary Roberto de Ocampo, Gary Teves, Ernest

Leung. Together with the FEF, we have been working on how do you

strengthen business and investment climate in the Bangsamoro. We

also conducted consultations for the Womens Peace Table, an initiative

organized by the Mindanao Commission for Women, the Women and

Gender Institute and other organizations.

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa III-1 November 11, 2014 10:50 a.m. 2 Based on these consultations, we have pinpointed the following

concerns that must be addressed by the BBL:

First, protection of the rights and promotion of the equitable

participation of women, indigenous peoples and non-Muslims. There

are serious concerns, although enshrined in the BBL, the concept of

protection of basic rights. But still when you go down, there are some

nuances that some people take to mean might actually restrict the

rights of these groups.

Second, protection of ancestral domains, including the domain of

the--

THE CHAIRMAN (SEN. MARCOS). Maam, could you be

specific on the provisions that you are referring to so that we can also

look at it and then seeMaybe the language needs to be changed. So

perhaps if we could refer to the actual provisions so that we know what

we are talking about exactly.

MS. RASUL-BERNARDO. We have put together a matrixits

rather longwhich we will be submitting to you. But this is a concern

of the three people. In fact, during the hearing in Congress with the

civil society, the litany of the sections and the articles was really long.

THE CHAIRMAN (SEN. MARCOS). Very well. So long as the

Committee is provided with that information.

MS. RASUL-BERNARDO. We will do that, Mr. Chairman.

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa III-1 November 11, 2014 10:50 a.m. 3

THE CHAIRMAN (SEN. MARCOS). Thank you.

MS. RASUL-BERNARDO. With regard to the protection of

ancestral domains particular attention especially from the islands is

requested to include the domain of the Sultanate of Sulu with definitive

parameters to be set. Because we note that in the BBL draft, it is

silent on historical possessions of the Bangsamoro which therefore

includes what do we do with Sabah?

Third, protection of land and property rights. This is particular

reference to investors, for instance.

Fourth, synergy with provisions of the 1996 Final Peace

Agreement which fleshed out the 1976 Tripoli Agreement that actually

established the region of autonomy for the Mindanao Muslim tribes.

Fifth, clarity on what you mean the functions of the

intergovernmental relations, not just the mechanism to address

differences between the Bangsamoro and the Central Government, but

also the relationship between LGUs and the Bangsamoro Government.

It has been noted to us time and again that the present ARMM,

part of the dysfunction is the problems with the relationship between

LGU, regional government and then with the national government.

Sixth, development of the appropriate civil service system and it

should include the protection of the rights of the ARMM civil servants

who may have to be let go.

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Seventh, corollary to the above, the need to ensure that the

Bangsamoro Transition Authority is accorded sufficient time to

establish interim governance structures, legal processes and policies.

Since one year of transition is grossly inadequate, perhaps the

Congress could look at providing for an extended period of transition

which may require that the first elections of the Bangsamoro

Parliament may take place in 2019.

Eighth, development of appropriate and effective electoral

system appropriate for a ministerial form of government in the region.

Ninth, development of appropriate and effective public order and

safety system. And this particular concern has become even stronger

after the reports that 250 million ransom was paid for the two German

hostages.

Tenth, establishment of effective, efficient fiscal management

systems following standards of good governance.

Eleventh, implementation of the Shariah system. We note that

the current system is dysfunctional. With a judicial system that fails

to reach the majority of Muslims of ARMM and ineffectively interfaces

with the regular courts of the country. Corollary to this, we should

ensure efficient and effective systems of the Shariah process.

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Second, the Shariah system should ensure the protection of

stakeholders which may include particular Muslim groups, for instance,

that are not Sunni.

Third, ensure participation of Bangsamoro women in drafting the

Shariah Code. Shariah is the Muslim Code. Muslim Personal Laws is

a code that we owe your late father, President Marcos, but the one

complaint, for instance that my mother and other women leaders at

that time had was that there was no woman involved in the drafting of

that code. And we hope that that will not be the case today.

And then, globally, we should be looking at how the

implementation of the Shariah Code will strengthen economy.

Shariah compliant industriesIslamic banking and finance, halal food,

halal management systemshave become billion dollar industries.

The Philippines has yet to tap this market. Thus, the BBL should

allow for Shariah compliant goods and services by establishing

appropriate regulatory framework, such as possibly amending the

Bangko Sentral charter to allow Islamic banking and finance to come

in. Or, if that is not necessary, establishing the regulatory procedures

that would allow Islamic banking and finance to come in.

And, lastly, prayer from almost all that we have consulted with.

We pray to Almighty God that the Bangsamoro Basic Law is passed

sooner rather than later, and that the various provisions generally

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa III-1 November 11, 2014 10:50 a.m. 6 remain intact. Or, if revised, reasonable revisions should be made

which are acceptable to the stakeholders, particularly the two parties

signatory to the peace agreement.

Thank you, Mr. Chair.

THE CHAIRMAN (SEN. MARCOS). Thank you for that very

thorough examination and analysis of the Bangsamoro Basic Law.

You have actually encapsulated many of the issues that have

been raised in the other hearings that we have held. And we have

started to have a discussion on it. The only point that we have heard

for the first time is that about the involvement of women in the

institutionalization of Shariah Law which is something that is the first

time that we have heard it. But I think it is a valid and valuable point

that you make.

And also, the issue of the ARMM bureaucracy is something that

has been raised as to what will happen to the present civil servants

/jmb

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang IV-1 November 11, 2014 11:00 a.m. 1 THE CHAIRMAN (SEN. MARCOS). what will happen to the

present civil servants who are in the bureaucracy of ARMM when it is

reorganized. Should their agency be abolished or should they be

reorganized? What will be the status of our civil servants? And how

will we do it so it remains consistent with the guarantees that the civil

service code puts in in terms of pay grades and in terms of tenure of

our civil servants? So Im sure that this point will be raised once again

as the discussions go on. So at this point, I would like to acknowledge

the arrival of the former governor, Former Governor Sadikul Sahali of

Tawi-Tawi, a well-known leader of the province and of his people. So I

would like to give the floor to him to hear his views on the Bangsamoro

Basic Law.

MR. SADIKUL SAHALI. Bismillah al-Rahman al-Rahim.

Assalamu Alaikum Wa Rahmatullahi Taala Wa Barakatuh.

First, I would like to extend my thanks and appreciation to the

Honorable Senator for giving me the opportunity to say something

during this important gathering. What we are about to do is very

important. Very important in the sense that we should make a

decision now, not only for the present generation but for the

generation and generations to come. If we make a mistake now, it will

not only affect the present generation but will include the future

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang IV-1 November 11, 2014 11:00 a.m. 2 generations. That is why what I am about to say is really very, very

important today.

Tawi-Tawians are peace-loving people. The signing of the Peace

Agreement in 1996 was our guide in handling the peace and order

situation in the province. To make Tawi-Tawi peaceful was not the

work of one man. It was the job of all the people residing in Tawi-

Tawi. From the center of governance in Bongao to the barangay, the

islands, barangay captains, civic and religious leaders participated to

make Tawi-Tawi very peaceful. Because to make Tawi-Tawi peaceful

could not be done by the military and the police alone, neither by

governors and mayors, but its the job of all Tawi-Tawians. That is

why upon the signing of the Peace Agreement, everybody was busy

working for the development and improvement of their families, to

send their children to school, to earn what is right for his family.

Now, that MILF rebellion in Central Mindanao did not affect us so

much. In fact, I think very many here will support me when I say

there was no MILF in Tawi-Tawi prior to the signing of the Peace

Agreement, the second Peace Agreement, the Bangsamoro. But now I

have seen very many are now MILF. Now, this is good that we are

accepted by the MILF central committee. Such the case, since the

mission of the MILF is perhaps to form a government that is for the

betterment of all the inhabitants in Mindanao, then I think Tawi-

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang IV-1 November 11, 2014 11:00 a.m. 3 Tawians could simply say that we are also an MILF even if we have not

filed our application with the MILF. Because if the mission is peace,

who doesnt like peace? Tawi-Tawians love peace. We are peace-

loving people. That is why what we are about to do must be

satisfactory to all; satisfactory in the sense that it is acceptable. I am

happy that the Senate and the House of Representatives will be

coming here and which let us and give us an opportunity to say what

we want in the BBL and what we do not want. So, it is an opportunity

for all of us. Because if we are wrong--if the Senate and the House of

Representatives adopt what is presented in the BBL which the people

does not like, then that is the cause for us to repeal what is in that

BBL. What should remain there must be acceptable to all of us, to all

the inhabitants in the area of autonomy.

Like, for example, in the beginning I even objected to naming

the region as a Bangsamoro. Because when I was in college, I fought

twice when my classmates and schoolmates called me a Moro. But

this time, we want to be publicly called a Moro which I have to join

because it is the desire of the majority perhaps of the people within

the region. Kahit anong pangalan ang ibigay sa akin, kung iyon ang

gusto ng karamihan, tatanggapin ko. Now, if the majority of the

people in the region accepted what is presented there in the BBL, then

wala tayong magagawa. I have to accept that. But I just want to

25

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang IV-1 November 11, 2014 11:00 a.m. 4 remind you, my good people of Tawi-Tawi, we should not make a

mistake endorsing one that we do not like because that one will affect

not only us now, not only those schoolchildren now, but even the

children and children of those in the classroom now. They will be

affected because this is not like a local election. After voting, after

three years, another election but this one will last forever. So this is

not a joke. And what I want now to happen is that people in the

region will make the decision. We should not be decided by the people

in Luzon but by the people in the area of autonomy, what is good for

all of us. Because what is given to us now is the idea ofto some

people who is not a resident of the autonomous region. So well do

something about this. And we are supportive to the Peace Agreement

signed between the MILF and the government but something must be

done to make it acceptable to all of us.

Thank you very much. Assalamu Alaikum Wa Rahmatullahi Taala

Wa Barakatuh.

THE CHAIRMAN (SEN. MARCOS). Thank you very much.

We are precisely here to make sure that this agreement that we

have be not only acceptable to the people but be an effective measure

to actually bring true and lasting peace. I think all of us are desirous

of the same end and, that is, that we finally see that there is a true

and lasting peace in Muslim Mindanao, in Mindanao in general. And

26

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang IV-1 November 11, 2014 11:00 a.m. 5 that is the process that we are undergoing is to go through the

Bangsamoro bill to see exactly what of the measures or the provisions

or the proposals that are contained within the Bangsamoro Basic Law

be effective when the time comes to implement the law.

So again, I would encourage everyone to go into as much detail

as you would like to because the use of different words and the use of

the different language, any changes that we make, any language that

we finally endorse as the final version of this law will have a difference,

will make a difference/alicc

27


THE CHAIRMAN (SEN. MARCOS). will make a difference

because if it is open to too much interpretation that is going to be a

problem because the varying interpretations will not necessarily

coincide. So, again, the level of detail of that we are willing to listen

today during the hearing is as detailed as you care to make it. So,

again, we will give everyone a chance to have their thoughts put on

the record.

Yes.

MS. ABDULMUNAP. Im Mary Anne Abdulmunap, the PPC chair

of Our Lady of Holy Rosary Parish. We have come up with the position

of the Bongao Catholic Christian community of the Bangsamoro Basic

Law.

We, the Catholic Christian community of the Our Lady of the

Holy Rosary Parish of Bongao, Tawi-Tawi genuinely long for a just and

lasting peace. The BBL is brought to the fore with a promise that this

will bring forth this lasting peace that we long for. To us, however,

there are issues and concerns that are ambiguous and this we want to

clarify notwithstanding that we belong to a minority of Christians that

inhabit the territory of the province of Tawi-Tawi. The issues that are

not clear give us apprehensions about BBL. Moreover, we would also

want to present suggestions on some of the areas.

28


The following are some of the issues for clarification and some

suggestion: On the preamble, the term other inhabitants is

ambiguous. Does this term refer to non-Muslims? If it does, then it

is better that the term non-Muslims be used in the preamble.

On Article II, Bangsamoro Identity. Section 1. The Bangsamoro

people are the natives or original inhabitants of Mindanao, Sulu

Archipelago and Palawan at the time of conquest or colonization who

are largely of Islamic faith. So is it correct to suppose that not all

Bangsamoro are Muslims?

There is in the consciousness of the people here in Tawi-Tawi

that Bangsamoro refers to Muslims only so that the non-Muslims do

not belong. This may be a misconception. But, unfortunately, some of

those who educate the people on the BBL have this kind of

understanding which is contrary to the concept of inclusivity. What do

ascription and self-ascription mean?

Section 2 of the Article II. Are there mechanisms set to

safeguard the freedom of choice of the indigenous people?

On Article III, regarding territory. Section 2(c). The cities of

Cotabato and Basilan are not part of the present geographical area of

the Autonomous Region of Muslim Mindanao. Now they are being

made part of the Bangsamoro territory. Were they consulted in this

inclusion?

29


Section 2(d). In reference to other contiguous areas where

there is a resolution of the local government unit or a petition of at

least 10 percent of the registered voters in the area asking for their

inclusion at least two months prior to the conduct of ratification of the

Bangsamoro Basic Law and the process of delimitation of the

Bangsamoro. We ask the following: How can only 10 percent be

justified? Will 10 percent be enough to represent the voice of the

people? What will happen to the majority rule? If the contiguous

territories can ask for inclusion, can the included territories not also

ask for exclusion by the same percentage given to the contiguous

territories?

On Article VI, Intergovernmental Relations. Section 10. While

the central government shall ensure the protection of the right of the

Bangsamoro people residing outside of the Bangsamoro territory, it

must also ensure the protection of the right of the non-Bangsamoro

people residing within the territory of the Bangsamoro.

On Article VII, the Bangsamoro Government. Section 5.3.

There are two reserved seats each for non-Moro indigenous

communities and settler communities. Does the term settler

communities refer to the Christians? Can we not just be clear by

using Christian settler community?

30


On Article IX, Basic Rights. Right to Education, Section 13. A

complete and integrated system of quality education is a top priority.

So an educational framework relevant and responsive to the needs,

ideals and aspirations of the Bangsamoro shall be adopted. What kind

of educational framework will this be? What mechanisms will be used

by DepEd and CHED to adopt this? What happens to the principle of

separation of church and state in the realm of education? It is a fact

that on the side of the Christians, it is difficult of get through with

catechetical instructions in public school for the Catholics. However,

our Christian Catholic students enrolled in public schools at this

moment are obliged to be in Arabic and Islamic values classes and

recently in ALIVE classes. There seems to be an imbalance of

treatment in terms of the principle of freedom of religion. Will the

current ALIVE program of the DepEd be implemented also in private

school? What shall the Bangsamoro oblige the Catholic schools, such

as the Notre Dame schools in Tawi-Tawi, to offer in terms of

curriculum? In case the Sunday to Thursday classes scheme may be

implemented, will these Catholic and the other Christian Protestant

schools be obliged to follow? How will the Bangsamoro treat the

madaris? Will schooling in these schools be highly encouraged? The

consequence of this will be the decline of enrolment in Christian private

schools such as Notre Dame, Adventist schools and the like.

31


Section 14. What is the concept of the tribal university system

to address the needs of the indigenous cultural communities in the

Bangsamoro? Will this be like another SUC?

On Article X, Bangsamoro Justice System, Section 1. It is clear

that the Shariah shall have supremacy over Muslims only. However, if

the dispute between a Christian and a Muslim, which court[Power

Outage]

THE CHAIRMAN (SEN. MARCOS). Once more/jtbc

32


THE CHAIRMAN (SEN. MARCOS). ...Once more, we like to

call the hearing back to order. We have our electricity back.

Ms. Mary Anne Abdulmunap, please continue. I think you still

have some other points that you would like to bring up.

MS. ABDULMUNAP. So we stopped on Article X, Bangsamoro

Justice System.

Section 1. It is clear that the Shariah shall have supremacy

over Muslims only. However, if the dispute is between a Christian and

a Muslim, which court will prevail, the Shariah or the local?

On Article XVI, Bangsamoro Transition Authority, Section 2, how

can we be ensured that the Presidents appointment of the 50

members of the BTA be without any political color or interest? On

Article III, Territory, Section 2, letter C, what percentage will the non-

Moro indigenous communities, women, settler communities and other

sectors-take in the representation to the BTA? This has to be defined

right at the very start.../cbg

33

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa III-2 November 11, 2014 11:30 a.m. 1 MS. ABDULMUNAP. right at the very start.

Section 9. It has to be made clear what level of the offices in the

Autonomous Region of Muslim Mindanano will be phased out gradually

and deemed abolished upon the ratification of the BBL. Will it be in the

regional level only? Will it include the provincial level and the

municipal level? Already at this point, there are apprehensions of a

massive displacement among the government employees in all levels.

As of now, we are aware of the monitoring of human

resource/professionals in the Autonomous Region of Muslim Mindanao

where professionals are made to fill up forms about their credentials

and the like. Unfortunately, we are given the impression that this is

only for the Muslims. Is this true? If this is a misinformation, this has

to be corrected.

General Observations:

There is no mention of Christian in the BBL. What word or

words alludes to them? Non-Bangsamoro? Settlers?

There is apprehension among us Christians that because we are

not Bangsamoro people, we do not belong. We would like to be

clarified with this. That Bangsamoro really does not refer to the

Muslims but to the natives of Mindanao, Sulu and Palawan as specified

in Article II. Otherwise, if it refers only to the Muslims, what will

34

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa III-2 November 11, 2014 11:30 a.m. 2 happen to the inhabitants, especially the Christians, who are not

considered Bangsamoro?

Only very few have the knowledge about the BBL because so far

there had been no wide dissemination about this. People cannot be

conversant about it or be able to give feedback about it because they

have not read it yet. Widest information dissemination about the BBL

must be done by concerned authorities, and soon, so that when the

plebiscite comes, the people can vote according to their own

conscience and judgment.

If the BBL is for peace, is there any assurance that those

displaced personnel and heads of offices will not form a disgruntled

group and create chaos in Mindanao?

Thank you. And that is the position of the Bongao Family

Christians Community on the Bangsamoro Basic Law. [Applause]

THE CHAIRMAN (SEN. MARCOS). Thank you very much, Ms.

Mary Anne Abdulmunap, for your quite thorough questioning.

And this is precisely what we are hoping will be the process. So

I encourage you to speak as freely as the lady from Bongao has just

done.

The members of the Bangsamoro Transition Commission have

asked to be heard on some of the points that you have raised. So I

35

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa III-2 November 11, 2014 11:30 a.m. 3 will hand the floor to whoever amongst you will be the spokesman for

the Transition Commission and the staff of Chairman Iqbal.

MR. SAKKAM. Thank you, Mr. Chairman, our honorable guests.

Ako po si Mr. Sakkam, the vice chairman of the Transition

Commission for drafting this BBL.

So if I am going to respond to all the questions of the madam, I

will be making a lecture completely.

What does the BBL propose to the Bangsamoro people? And I

think I will become a professor this afternoon.

Now, she started with a Bangsamoro identity? What is that

Bangsamoro identity? It is a name that was discussed by among

ourselves that there ought to be an identity among the Bangsamoro

people, uniting them, parang rugby iyan, to unite the entire tribe so

that when you are asked, you will not say, I am a Sakal. I am a

Tausug. I am Yakan. I am a Maranao. But, I am a

Bangsamoro. That is the meaning of that.

And in the definition of Bangsamoro, it is clearly stated there

those are the times of conquest, either original inhabitants or by

descendants or spouses. It includes everybody, not just Islamites

Muslim, but all other tribes within the territory. And then, the territory

is also clearly defined. What are the Bangsamoro territories? The

36

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa III-2 November 11, 2014 11:30 a.m. 4 territory that is now presently under the ARMM plus all other territories

that will soon be included once they will ratify in the plebiscite.

Now, regarding the 10 percent you mentioned. It is only a

petition of the 10 percent. But the entire population of that barangay

or municipality will be the one to decide by a majority vote or cast. So

it is not just 10 percent, only the initial petition. I think the general

answer should be: What does the BBL propose to the Bangsamoro

people? Ano ba ang pagkakaiba more than the ARMM?

We are not saying that the ARMM is not a good law. But we are

reinforcing what we have in the ARMM. For example, we have defined

the powersthe powers of the government, the powers of the

Bangsamoro and those powers that we share together. So lumawak

iyong kapangyarihan ng Bangsamoro.

I will go directly to the most important thing, the rehabilitation

and the funding.

In addition to the fund that we have already enjoyed under the

ARMM, naglagay ang gobyerno sa atin ng rehabilitation and

reconstruction fund. In addition to that, mayroon pang plus, plus fund

iyan. Ang ibig kong sabihin, tayo sanay dito kumain ng tinolang itim.

Kung mayroon pang mga diyan, mayroon pang ice cream diyan,

mayroon pang mga ibang tinola diyan, hindi mo ba tatanggapin doon?

Kuntento ka na ba sa tinolang itim na lang? Hindi pupwede iyon dahil

37

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa III-2 November 11, 2014 11:30 a.m. 5 in-expand natin. Recognition ito by the government that there ought

to be peace. Kasi ang primordial consideration: to bring about peace,

to bring about stability and to respond to the aspiration of the

Bangsamoro people for self-governance and recognition for their

identity.

So lets get back to another question, the educational system.

We are not discarding the national educational system, but again we

will introduce some curriculum or additional subject that will respond

to the culture, to the religious belief and creed of the Bangsamoro. So

paghaluin iyan in such a way that it will answer the clamor of the

Bangsamoro people.

What else?

Now, lets go to the Shariah. Again, for the first time, the

government accepted the Shariah, not just on person, family and

property, but that includes criminal justice. And here in the Shariah,

because we argued the Shariah includes the whole way of life in the

Holy Quran. And we told them that we can only accept if the way of

life enshrined in our holy book must be strengthened, must be further

expand in such a way to answer to the clamor of our religious people.

Kung nandiyan iyong prosecution /jmb

38

COMMITTEE ON LOCAL GOVERNMENT JJOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang IV-2 November 11, 2014 11:40 a.m. 1 MR. SAKKAM. nandiyan iyong prosecution office, nandiyan

iyong Shariah Judicial Bar, mayroon pa tayong Judicial Academy,

school for judges, for lawyers practicing Shariah. In addition to

current circuit court, municipal court, mayroon pa tayong appellate

court ngayon, and the qualification at par with the rest of the other

justice system of the country. Ganoon ho iyong kaganda ng BBL na

ito. Lahat ng hindi nakuha ng Bangsamoro noon, binibigay nito,

binibigay na ng goberyerno, naiintindihan na tayo. For how many

years we have been negotiating, more than almost five decades na,

nagne-negotiate tayo, fighting. Did we achieve the peace that we

want? No. Did we achieve the development that we want? No.

Partial. Imagine, 7 billion initial in one year and then 2 billion every

year thereafter and then mayroong plus, plus, plus pa which will be

threshed out together with the government. Bakit pa tayo

makakaangal pa doon? Binigay nang lahat ng gusto mo.

Now, lets go to the police force, a very important consideration,

the police force. In our Constitution, there is a distinction between

local police force and then the Armed Forces of the Philippines. Our

Constitution says it shall be the primary responsibility for maintenance

of law and order to the local police. Kasi we know our experience

through the years. But when it comes to national [power

interruption]Armed Forces of the Philippines--ang local police

39

COMMITTEE ON LOCAL GOVERNMENT JJOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang IV-2 November 11, 2014 11:40 a.m. 2 nandidiyan pa rin, part and parcel of our national police. We are not

removing from the national police to supervise us. We are not

removing from the President of the Republic of the Philippines.

Now lets go to the parliamentary form of government. Is it

constitutional? We have the national government that is presidential

and then the Bangsamoro Autonomous Government which is

parliamentary? The answer, yes. Of course, among lawyers, it may

sound conflict, sa pananaw iyan, sa perspective iyan. But to us, yes,

because our Constitution says the Congress of the Philippines, the

Senate and the House of Representatives is instructed to come up with

an organic law like the BBL that defined the instructions of government

as long as they are democratic. Iyon lang ang qualification noon,

democratic. And that the legislative and the executive together are

also democratic, elected by the people. Mr. Chairman, with this BBL,

you authorize us as part of Congress to come up with this basic law,

provided it is democratic. Democratic means elected by the people,

members of parliament are being elected totally by all of you as your

representative in the parliament. And in the parliament, they will

choose a Cabinet to exercise the executive function of the government.

So the legislative and the executive--democratic pa rin iyan. Sina

Senator Bongbong and Congresswoman Sahali, together they are

40

COMMITTEE ON LOCAL GOVERNMENT JJOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang IV-2 November 11, 2014 11:40 a.m. 3 authorized to come up with a form of government as long as it is

democratic.

THE CHAIRMAN (SEN. MARCOS). Atty. Sakkam, before me,

I have the position paper that was read to us and there were some

questions which I would like to explore because they also lead to other

issues.

Is there something you would like to add?

MR. ALI. Yes.

THE CHAIRMAN (SEN. MARCOS). Okay.

MR. ALI. I am Atty. Lanang Ali Jr. I am the legal officer of the

Bangsamoro Transition Commission under the Office of Chairman

Mohagher Iqbal.

First of all, I would like to put into record that the Bangsamoro

conflict is not a religious conflict. This is not a religious conflict, but

only the right of the Bangsamoro, their right to self-determination

which is internationally-recognized as an inherent right. For the

record, this is not a religious conflict. As I want to quote the

statement of Chairman Mohagher Iqbal, in the ad hoc committee

hearing in the Congress, hindi po kalaban ng Bangsamoro ang

gobyerno. Hindi po kalaban ng Bangsamoro ang Armed Forces of the

Philippines. Ang kalaban po ng Bangsamoro ay injustice at

oppression. And the BBL, this is an antidote to the injustice and

41

COMMITTEE ON LOCAL GOVERNMENT JJOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang IV-2 November 11, 2014 11:40 a.m. 4 oppression that have been experienced by the Bangsamoro since time

immemorial. So ito po ang solusyon dito. And the issue of identity,

wala po kaming nilagay na religion diyan, Christian or Muslim, kasi

hindi ito religious conflict. This is an exercise of a political right. This

is the right to self-determination of the Bangsamoro people.

So on the issue of petition of 10 percent, this is an initial stage.

Ang magde-decide po diyan is--it is through the plebiscite. It is the

will of the governed that will decide. Ano po bang masama doon?

Pag nag-petition ang 10 percent, pag ang boto doon ng majority ay

No, kailangan po nating irespeto iyon kasi iyon ay democratic

process. Iyong 10 percent, petition lang iyon. And this will go through

a plebiscite. And the plebiscite, tatanungin po ang tao doon kung

whether they vote Yes or No. Kung majority No, sorry na lang,

ganoon talaga. Iyan ang democratic process because

intergovernmental relations will also see the reality on the ground that

there are other Bangsamoros outside the Bangsamoro territory. And

the Bangsamoro government wants to extend the benefit of the

Bangsamoro Basic Law to the Bangsamoro living outside the

Bangsamoro territory. Masama po ba iyon?

And the issue of basic rights and education system, again, ito ay

enhancement of the education system ng national government;

42

COMMITTEE ON LOCAL GOVERNMENT JJOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang IV-2 November 11, 2014 11:40 a.m. 5 enhancement. Pag tiningnan natin kasi iyong previous na educational

system, wala pong about Muslim cultures and traditions.

THE CHAIRMAN (SEN. MARCOS). Atty. Ali, I would like to

just return to the previous subject, iyong intergovernmental relations,

dahil hindi naman yata kinukuwestiyon na you will extend protection to

Bangsamoro outside of the Bangsamoro territories. But what is being

questioned is that does that same protection apply to non-Bangsamoro

in the Bangsamoro territory. I think it is that element of equality that

is being raised.

MR. TAMMANG. Thank you, Mr. Senator, Mr. Chairman.

Assalamu Alaikum Wa Rahmatullahi Taala Wa Barakatuh.

Ako po ay si Commissioner Asani Tammang from Sulu. Doon sa

question ni Chairman, iyong tinatawag na Bangsamoro who are outside

of Bangsamoro, who are outside of core area, ito ang mga brother

natin, Bangsamoro who are in Manila, who are somewhere in the

Philippines. And as a Bangsamoro, hinihingi namin na dapat

protektahan sila ng gobyerno natin. The central government should

protect these Bangsamoro who are outside of the Bangsamoro core

area. In the same manner, Mr. Chairman, Your Honor, the

Bangsamoro will have to protect those inhabitants or those non-

Bangsamoro who are in the Bangsamoro area because whether we like

it or not, they are members of the Bangsamoro. Because, Mr.

43

COMMITTEE ON LOCAL GOVERNMENT JJOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang IV-2 November 11, 2014 11:40 a.m. 6 Chairman, the term Bangsamoro is inclusive. Unlike the ARRM, the

ARMM, this is exclusive/alicc

44


MR. TAMMANG. this is exclusive because Muslim Mindanao.

This Bangsamoro, it includes everybody who are within the area of

autonomy. So being a member and living in the Bangsamoro area,

they should receive the protections from the Bangsamoro in the same

way those Bangsamoro who are outside of the core area will likewise

receive protections from the government, Your Honor.

THE CHAIRMAN (SEN. MARCOS). Commissioner, when you

speak about protections for Bangsamoro outside of the Bangsamoro

territory, could you tell us what that protection is that you are referring

to, and what is the difference between the protections that are

extended to the Bangsamoro outside of the Bangsamoro territory and

just the legal protection that the government affords all its other

citizens? Is it a special case or is it just similar to what all our other

citizens of the republic enjoy?

MR. TAMMANG. Actually, Mr. Chairman, Your Honor, this is

similar to the protections given to the citizens of the Philippines.

Because we cannot claim special protections from our Bangsamoro

people who are outside of the core area which is not the usual

protection given by the government to the citizens of the republic.

THE CHAIRMAN (SEN. MARCOS). Very well. Again, I think

the question is that if the treatment of Bangsamoro and non-

Bangsamoro both in and out of the Bangsamoro territory is equal and

45


the same. That is, I think, the concern that is being raised by those

questions. So its good that you are able to qualify this issue.

Yes, please continue.

MR. TAMMANG. In the same way, Mr. Chairman, I would like

to add what was given by my colleague just a while ago.

As we have said, some of the importance of this BBL from that of

the 9054 is that Bangsamoro is inclusive and that of the ARMM is a

little bit exclusive. Likewise, while it is true that the ARMM na

autonomous but in reality, it is an administrative region, Your Honor.

Because all the requirements especially in the budgeting will have to

come from the Department of Budget. While as in the Bangsamoro

now, the budget given to the Bangsamoro, iyong tinatawag nating

block grant na block grant ito, ibinibigay and then bahala na iyong

parliament mag-budget according to the different agencies of

government.

Likewise, iyong relationship ng national government at the

Bangsamoro ang tinatawag nating asymmetric. Ano ang

asymmetric? Kung tutuusin natin ito, when we say symmetric,

similar. When we say asymmetric, not similar, dissimilar. Ang

tinutukoy dito iyong relations ng Bangsamoro and that of the national

government is not the same as the relationship of the other regions of

the country. Because in this relationship, the national government

46


recognized the identity of Bangsamoro as well as its right to self-

determination. So medyo peculiar ang relationship ng Bangsamoro at

national government.

Likewise, as I said, iyong budget natin dito sa Bangsamoro,

automatic ang appropriations at in the form of block grant. So medyo

na-improve ang patakbo ng ARMM dito sa Bangsamoro.

Likewise, in the matter of abolition of the ARMM, hindi naman

lahat ng tao doon sa ARMM maa-abolish. In fact, ang phasing out ay

ano iyan, little by little especially those line agencies na hindi naman

puwedeng tanggalin agad iyan kasi magsa-suffer ang services. So

medyo phase by phase iyan, and also we have to observe the Civil

Service rule. We cannot just remove anybody especially those who are

occupying na iyong mga agency na talagang kailangan. Kaya lang, we

have to understand that all political positions, that all coterminous

positions, casuals and contractuals will have to go by their principal.

So ganoon ang sistema.

At saka iyong sa pasabi-sabi na ang abolition, that will include

the province, the city, the municipality and the barangay, walang

katotohanan iyon. In fact, all privileges enjoyed by the municipalities,

by the cities and the province ay hindi ito magagalaw. This will

continue to be enjoyed by the local government unit.

That would be all, Your Honor.

47


THE CHAIRMAN (SEN. MARCOS). Thank you, Commissioner

Tammang.

I think Attorney Ali has something to add. Please go ahead.

MR. ALI. On the issue of curriculum, tribal university, etcetera,

etcetera, it was down to the issue of freedom of religion. Freedom of

religion, it is a constitutional rights.

Under the BBL, Article IX, Section 1, the wordings there are in

addition to basic rights that have already been enjoyed under the

Constitution. Ibig pong sabihin niyan, lahat po ng mga constitutional

rights ay in addition lang po itong Bangsamoro Basic Law, okay. Ang

Bangsamoro Basic Law po ay hindi po ina-amendahan ang

Constitution. Ang Constitution is still the fundamental law of the land.

So wala po. Lahat po ng inhabitants ng Bangsamoro whether

Christian or non-Christian, Moro or non-Moro, ay mayroon sila, existing

pa rin iyong kanilang constitutional rights. Okay, yes.

On the issue of Bangsamoro justice system, ang P.D. 1083,

otherwise known as the Muslim Personal Code of the Philippines, hindi

po iyan a-amendahan ng Bangsamoro Basic Law. In fact, iyong mga

provisions doon applicable pa rin. In case of conflict between Muslim

and non-Muslim, the provision of P.D. 1083 is still applicable, okay.

Ang ginawa lang po ng Bangsamoro Basic Law is enhance and

strengthen, dinagdagan iyong mga persons and family relations na

48


nakalagay sa P.D. 1083. So mababasa po natin iyan sa Bangsamoro

Basic Law. On the issue ofiyon sinagot na po.

Ang Bangsamoro Basic Law, ang babaguhin po ay ang Republic

Act 9054, okay. Iyan po ang papalitan ng Bangsamoro Basic Law,

hindi niya po iyan papalitan ng Local Government of 1991. So

meaning, all privileges na nai-enjoy by these local government units,

municipal, province, continue pa rin iyon. Ang babaguhin lang po, for

the record, is iyong Republic Act 9054. So hindi po dapat mangamba

ang ating mga local government units. So iyon po.

Uulitin ko po, ang issue na ito ay hindi po ito religious conflict

kundi ito po ay pag-exercise ng Bangsamoro people sa kanilang right

to self-determination na recognized po internationally as inherent right

iyan ng isang tao sa mundo.

Maraming salamat po. Ibibigay ko po kay

THE CHAIRMAN (SEN. MARCOS). I would just like to pick up

on the point though that was mentioned.

Again, the concern I believe is not the bureaucracy at the local

government level. I think what is the concern that has been raised--

and we have been together in listening to the same point--is that what

will happen to the civil servants. And if their offices, for example, are

abolished for whatever reason, understandably, many of the line

49


agencies will continue to function. But inevitably, there will be a

reorganization.

Now, what happens to those civil servants who fall through the

cracks as it were of the reorganization and what will happen to the civil

servants who have previously been employed by an agency which the

Bangsamoro parliament will subsequently abolish or completely

change? So anong mangyayari, iyong status nila?

Again, it is essentially the question of tenure then the guarantees

that are given to civil servants by the Civil Service Code. What will be

the status? For example, if a senior civil servant has their agency or

their organization, their entity abolished completely, it is possible

maybe not so manybut I think maybe one or two will be abolished

outright. So I think more than anything else is what the civil servants

would like to hear/jtbc

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION CBGealan II-3 November 11, 2014 12:00 p.m. 1

THE CHAIRMAN (SEN. MARCOS). ...what the civil servants

would like to hear is an assurance that the guarantees that are applied

to all civil servants, given to them by law, how will they apply to those

who have been dislocated by the reorganization. And then, of course,

also the question of assignment. If they are removed and they still

belong to the civil service, will they then be assigned somewhere else?

Lalo na iyong mga taga-rito na dito nakatira and they have made a life

here, will they have to move in that case? So perhaps we could get a

clarification on that.

Yes, Attorney Kinoc.

MR. KINOC. I am Datu Antonio Kinoc. I am a Blaan. I am not

a Muslim, Im not a Christian. So, Sister, you are assured that

discrimination, even in the MILF, does not exist. Ive been with Nur

Misuari from 1996 to 2000. I was never converted to Islam. I remain

a Blaan.

I have listed some of the issues that you have raised. First, you

asked, What do you mean by ascription or self-ascription? This is a

sociological term, if I am right. Self-ascription is what you call

yourself. If you are a Blaan, you call yourself Blaan. Ascription

by others is what others call you. The other will say, You are a

Bangsamoro. That is their ascription to you. But by yourself, you are

a Cebuano, if you are a Cebuano. So settle na tayo diyan.

51


I would only like to inform everybody what is the beauty of the

Bangsamoro government when it comes into play, as against the

Autonomous Region in Muslim Mindanao. First, our representation in

the legislative body. I was a staff in the RTC when we drafted what

later on became R.A. 6734. There was no stating there that the

indigenous people or the Christian settlers will be member of the

assembly. First, the IPs cannot win in the assembly because they have

no money. Second, even the Christians, they cannot win because they

are a minority in the Bangsamoro, in the Moro territory. But under the

Bangsamoro Basic Law, we are guaranteed two seats eachthe

women, the indigenous people and the settler communities or you may

refer as Christian settlers. So garantisado na iyon. So hindi

makasabi ang gobyerno na kayo hindi kayo bigyan ng right. Mayroon

mang tayong representation doon. Unless kung ilagay mo doon na

reserved seat member ay bobo, hindi siya marunong mag-argue. But

at least, our rights are represented. So iyon ang isa na kabutihan.

Tinanong mo bakit magkaroon tayo ng tribal university. Actually

this is just thinking aloud. Kasi iyong tribal university na-envision

namin kasi iyong mga Muslim mayroon silang madaris, may school sila

for themselves. So nasabi namin, iyong Christian naman mayroon

kayong Notre Dame, mayroon kayong western education. So kami

naman na indigenous people, gusto namin na iyong aming mga

52


katutubong kasama pag-aralan nila iyong kanilang kultura at

tradisyon. Kasi ngayon nawawala na iyon because of the modern,

western, disco type of civilization that were enjoying. Even among the

Muslims, nagkaproblema na sila kasi ata nawawala na. Kaya ibalik sila

sa kultura natin, so kaya maglagay tayo ng school. Tinawag nating

tribal university ito, pero mag-umpisa tayo sa maliit. So ito, in tandem

with the government at saka indigenous system.

Dito sa Tawi-Tawi, mayroon tayong mga indigenous na grupo,

iyong Sama Dilaut, hindi ba? We will attend to that. So sabi nila isa

sa problema iyon kasi daw paano mailagay iyong two seats? Mayroon

kaming proseso sa mga IP kung paano piliin iyon. We will select the

best among the IPs to sit in the legislative body. Ganoon din iyong

Christian settlers, mamili rin kayo kung sinong ilagay ninyo doon.

THE CHAIRMAN (SEN. MARCOS). Attorney, just to be clear,

so when the question is asked, the two reserved seats, each for non-

Moro indigenous communities and settler communities, it does not

necessarily refer to Christians?

MR. KINOC. Yes.

THE CHAIRMAN (SEN. MARCOS). That is not the meaning?

MR. KINOC. When we say settlers, we refer to the migrants,

because there are no Muslim migrants in Mindanao because the Muslim

communities in Mindanao are IPs by themselves.

53


In the universal declaration of indigenous people, there is no

religious affiliation. So all of us are IPs, if youll look at it. We have in

Mindanao the 35 indigenous tribes, and the 13 Islamized tribes. These

are all IPs. So wala na tayong dapat i-argue doon kasi iyong

Kristyano, I say Kristyano, iyong mga migrant settlers, they are

already protected with that two seats. Iyong mga kababaihan na

sinasabi ni Madam Amina, protektado iyon sila kasi may dalawang

babae doon. Minsan sa isang forum sinasabi ko nga protektado

kayong mga babae. Wala tayong argument doon. Iyong IP may

dalawa.

THE CHAIRMAN (SEN. MARCOS). So there are two for the

entire group of IPs, sa community settlers?

MR. KINOC. Yeah. For the entire Bangsamoro territory, two

settlers also will sit in the assembly, in the reserved seat.

Ito, I would like to explain to you the parameter of what will

happen

THE CHAIRMAN (SEN. MARCOS). Why two? Because there is

also a proposal that it be made more proportional so that the

parliament will be more of a proportional representation. So should it

not be proportional to the distribution between the Bangsamoro people

and the so-called settlers?

54


MR. KINOC. We start with two, because there are 60 seats in

the regular parliament. Im speaking here of the regular, as against

the transition authority na 50. Kaya I would like to correct the

impression kanina diyan sa report ni Madam na 15. No, 50 iyon. Fifty.

Five, zero. Iyon yung transition authority.

Now, anong hatian diyan? According to our transition and

modalities annex, that shall be MILF-lead. So in short, 50 percent plus

one for the MILF, 24 will be recommendation of government in the

transition.

Now we go to the election proper na. In the election proper in

2016 or somewhere there, ang arrangement is 10 percent reserved

seats, 40 percent for district seats and then 50 percent for proportional

representation. Ano iyong sinasabi ng proportional representation?

Maglagay tayo ng lahat, may Sama party, may Tausug party, kung

anu-ano pang ibang party diyan, then kakandidato as a whole, parang

party list.

THE CHAIRMAN (SEN. MARCOS). Parang party list, yes.

MR. KINOC. Oo. Ngayon iyong kabuuan ng boto mo,

halimbawa one million iyong boto ng entire Bangsamoro, if you get 20

percent, you are entitled to one, one seat. Ganoon iyon.

THE CHAIRMAN (SEN. MARCOS). So that is where the

proportionality comes in?

55


MR. KINOC. Yes, proportionality. The story behind this is we

want everybody to be a party kasi, sad to say, in some areas iyong

mga kandidato sa ano lang, poblacion lang, hindi nari-represent doon

sa ibang sector. So gusto natin maripresentahan lahat. So that is the

behind-the-scene history of this proportional representation.

Thank you.

THE CHAIRMAN (SEN. MARCOS). Thank you.

There are several other points that were raised. We can go back

to them, but Mr. Taup, the President of the Rotary Club of Tawi-Tawi,

would like to add some points, I think, to those that have already been

made.

Mr. Taup, please, go ahead.

MR. TAUP. Im a retired professor of the Mindanao State

University. As I was listening very carefully to the discussion on the

Lumad given special two seats in the parliament, why are they so

special that cannot also ascribe the legal entity of the Bangsamoro?

Why other people who may not even want to be includednamed as

Bangsamoro

THE CHAIRMAN (SEN. MARCOS). Im sorry, but our sound

system is being temperamental.

MR. TAUP. Why are they so special.../cbg

56

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa III-3 November 11, 2014 12:10 p.m. 1 MR. TAUP. Why are they so special? So special, that, in fact,

they are given a reserved seat just because they cannot ascribe to the

legal entity of the Bangsamoro. What could be the very reason?

THE CHAIRMAN (SEN. MARCOS). So that they are provided

representation within government because it is a very basic democratic

principle that all sectors be represented in government or should be given

a voice in government. And that is the general idea behind making sure

that even if they are not professional politicians who can run for office as

part of a party, as part of their group, the indigenous population that they

are or their tribe or their particular ethnicity is still represented in

government. If you will say why are they so special, they are not special.

They are just as special as everybody else because they are also being

given a representation in government like everybody else.

MR. TAUP. So what in the event that other ethnic group would

also opt

THE CHAIRMAN (SEN. MARCOS). Will also?

MR. TAUP. Opt not to accept the legal entity of Bangsamoro?

THE CHAIRMAN (SEN. MARCOS). I think the question of

inclusion or exclusion which, I think can get into next, the issue of

inclusion and exclusion has not to do with the ethnicity again but so long

as they are considered as indigenous peoples. If there are settlers

57

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa III-3 November 11, 2014 12:10 p.m. 2 coming in, then they can no longer be considered indigenous. They will

fall into another category.

Please correct me if I am wrong, I think that is the general idea.

MR. TAUP. Since it is already there, there must be mass education

on

THE CHAIRMAN (SEN. MARCOS). There must be?

MR. TAUP. Mass education so that people would understand

because it is not just this constituency. That would include the kids in the

elementary school, in high school that they would not even understand.

So I suggest that there must be mass education on the matter in the

same way as accepting, ascripting the term Bangsamoro with all the

historical prerogative implications. But we still can accept.

THE CHAIRMAN (SEN. MARCOS). So you are questioning also

the term Bangsamoro?

MR. TAUP. No. Since I see that there is no other way by which

we can accept other legal entity, then probably this can be accepted. But

massive education has to be done because this is not only for us. This

will include the small children, the elementary pupils. That there must be

a massive education on this matter for them to fully understand, because

whether they like it or not, they are part of the constituency of the

58

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa III-3 November 11, 2014 12:10 p.m. 3 Bangsamoro Basic Law. I dont know how far have we done with the

education.

THE CHAIRMAN (SEN. MARCOS). Well, some stakeholders have

studied this issue quite thoroughly and perhaps we could do better in

terms of the public perception and information on the Bangsamoro Basic

Law. But I am quite confident that those who are going to be making the

decisions in terms of the version of the law and the passage of the law

are well acquainted with the different provisions within the law. So that I

think is, at least for now, sufficient. We will have to, as I said, perhaps

do better in terms of dissemination to the general public and especially

those within the territory who will be involved in the actuations of the

Bangsamoro government.

Assemblyman Halipa, you would like to add something? Please you

have the floor, Assemblyman.

MR. HALIPA. [Greetings in Islam]

In the name of Allah, the most gracious, the most merciful.

We would like to welcome the Honorable Senator and, of course,

Maam Ferrer and the BTC and to our guests, my fellow public servants

and to the people of Tawi-Tawi.

Assalamu Alaikum Wa Rahmatullahi Taala Wa Barakat.

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa III-3 November 11, 2014 12:10 p.m. 4 I am not speaking here just as an assemblyman, but I am speaking

here as a stakeholder, especially of the people of Tawi-Tawi. Tawi-Tawi is

one of the most peaceful, if not the most peaceful province in the

Autonomous Region in Muslim Mindanao. In fact, we coined a word here

that in Tawi-Tawi, peace is the language of our hearts.

Now, there are actually six items that I would like to bring down

into this hearing, Honorable Chairman, but I will only dwell in two things

so that I could also give others the chance. One is the matter on the

provision in the Bangsamoro Basic Law that recognizes the promotion of

welfare. There is no specific provision in the Bangsamoro Basic Law that

recognizes the promotion of the welfare and protection of security of

tenure of regular employees. Under the proposed basic law, in Article

XVI, Section 9 thereof, there will be a gradual phasing out of offices of

the Autonomous Region which are deemed abolished upon the ratification

of the BBL.

Ang tanong po rito: Ano na po ang mangyayari sa ating mga

employees, 33,000 employees, especially our teachers who have done

extensive training and evaluation? Ano na po ang mangyayari sa kanila?

I have always been very articulate about the plight of our people in

Tawi-Tawi. In fact, tungkol nga sa GSIS, pinag-usapan ho namin noon sa

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa III-3 November 11, 2014 12:10 p.m. 5 other administration na hindi po nabayaran. Nagpapasalamat po sa

ngayon sa Eighth Assembly, nabayaran na po. Isang tanong po iyon.

Pangalawa po, the proposed BBL speak of creation of a Bangsamoro

Transition Authority which should assume office even before the

expiration of the terms of office of the present elected officials of the

Autonomous Region in Muslim Mindanao who were elected by the people

for a term of three years or until June 30 of 2016. This term of office

may not be

BBL IN SENATE: Public Hearing in Tawi-tawi, Nov 11, 2014

Documents

Transcript of BBL IN SENATE: Public Hearing in Tawi-tawi, Nov 11, 2014