Académique Documents
Professionnel Documents
Culture Documents
sh a p i ng
m i n d s
t h at
sh a p e
t h e
n at i on
Finding Peace
in Bangsamoro
Photo from the Office of the Presidential Adviser on the Peace Process website, http://opapp.gov.ph/media/photos
t has been a very long, demanding and difficult journey. After eight months of consultations and 51 hearings, more than two hundred hours of debates and long
man-hours spent on studying and crafting this bill, I am
very proud to present to the Plenary, Committee Report
No. 747 submitted by the Ad Hoc Committee on House
Bill No. 5811 in substitution of House Bill No. 4994.
The title of the substitute measure is:
AN ACT PROVIDING FOR THE BASIC LAW
FOR THE BANGSAMORO AUTONOMOUS
REGION, 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.
and Moros were deemed the enemies and seen as one and the same.
The placement of Muslims and Moros as the opposite of Christians
became even more pronounced with the American colonization of the
Philippines. They were deemed uncivilized and needed to be "tamed."
A Bureau of Non-Christian Peoples existed to handle them as well as
the Cordillerans in the North, according to Sapitula. Christian Filipinos became the epitome of civility and were seen by the Americans as
"most amenable to their colonial project."
Because of colonization, Luzon and Visayas culture evolved while
the Philippine South was able to retain its way of life. There were vast
differences in culture which spawned misinformation, misunderstanding, and negative stereotypes.
With the formal departure of the colonial powers, the responsibility
to fix the gap was left to Filipinos. And the gap is still as wide, if not
wider than before.
"We have not found a solution, a way to understand these differences
in historical experience, in culture. We have not built enough effective
bridges to challenge centuries-old misplaced opinions," said Sapitula.
As an example, he cited a survey conducted by the Human Development Network in 2005 which asked Metro Manila respondents if they
would consider having a Muslim for a neighbor. More than 50 percent
said "No."
Sapitula also mentioned the phenomenon of Christian overseas
Filipino workers who return as Muslims from Islamic countries. It
becomes a cause of family crisis because the Christian family members
do not understand the Muslim convert. These converts are usually not
able to shift their families' views of Muslims from negative to positive.
In fact, these converts now belong to the group of people their families
do not trust. Distance grows, with the convert no longer part of the
family's "us" but part of "them."
"Philippine Muslim history is currently in the making, involving
the redefining of Moro relation with the Philippine majority Filipino
State," said Wadi. Because of this, there is much othering as seen
in "claim and counter-claim of identity and history among Filipinos
and Moros." The social stigma against Muslims and Moros have been
reinforced by the increasing "Islamophobia" in other countries, gaining
resonance in the Philippines through traditional and new media.
Because the peace process has become more "intractable" and "a
political resolution hardly comes with the so-called Mindanao conflict
being dragged indefinitely," Wadi lamented that Philippine media are
finding more reason to hype often subjective and insignificant issues
related to Islam, Muslims, and the Bangsamoro while legitimate issues
"are easily pigeonholed in dominant social stigma undressing them of
their truth and social meaning." There is no attempt to understand the
broader context of their struggle and challenges. "Except for very few
progressive journalists and academics that do not toe the line of State
power, business interest, and ecclesiastical position, Philippine media
heightens [rather] than alleviates the social stigma on Muslims in the
Philippines."
Coping mechanisms
According to Wadi, while the majority of Filipino Muslims have
grown accustomed to the stigmatization, they still undertake initiatives
to foster understanding and promote a positive image. There are interfaith groups as well as centers of Balik-Islam or Christians who have
continued on page 3
Multigenerational trauma
In a war, the first to suffer are the
people directly affected by the fightingthe communities themselves.
Especially, if the community is tagged
as sympathetic to the rebels, said Dr.
June Caridad Pagaduan-Lopez, professor at the UP College of Medicine Department of Psychiatry and a member
of the UN Subcommittee on Prevention
of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment.
The fact that no one had taken responsibility for the events only worsened matters. The lack of accountability and clear and sufficient information
surrounding the operation in Mamasapano only made the trauma worse.
[With accountability and information], you get to stop the speculations,
and you get to stop the prejudices
that arise from it, Lopez said. The
prejudices are already deep-seated, and
this [event] is coming out as a prime
example for both sides that they cannot
trust each other. [There must be a clear
explanation] so that you do not fuel all
the negative perceptions, which will
lead to even more conflict.
The trauma of armed conflict is not
just isolated to the communities. The
combatants suffer trauma as well. In
the Mamasapano incident, the slain
Us vs Them
In the storm of commentary following the Mamasapano incident, it
became evident how easily we succumbed to the tendency to break down
complex issues such as armed conflict
in Mindanao into us vs them narratives. Many Filipinos found themselves
participating in prejudice, rash judgments and expressions of hate, often
abetted by statements from the media.
Hardly a recipe for promoting peace
and inclusivity. But still, in a sense,
perfectly normal.
As a social psychologist, one can
look at this [from the] theoretical
perspective of social identity, said Dr.
Ma. Cecilia Gastardo-Conaco of the
UP Diliman Department of Psychology. She explains that in the notion
of social identity, our minds actually
categorize people into groups, and we
internalize our identity in individual
groups. This system of compartmentalizing is a cognitive strategy to make
processing a very complex world much
easier and to prevent us from being
overwhelmed by information.
continued on page 5
This leads to very interesting psychological effects in terms of how we see the
members of the out-group and how we see
the members of the in-group. And usually
one impact of the relationship of this ingroup-out-group view is that it has conflict
potential, Conaco continued. You tend to
see your own group more positively and the
other group more negatively.
In the wake of the Mamasapano incident, many Filipinos considered the SAF
44 as part of the in-group and so justifiably felt anger and horror at their deaths.
Everyone has a right to be aggrieved. On
the other hand, think about the other side,
said Conaco. Im sure there were Muslim
women who felt, ah, how terrible, we were
raided so early in the morning and now my
husband is dead. But we do not see that,
because what is salient to us is the feeling
and affect of the in-group, and that is what
is being fueled by the in-group media.
The trouble comes when almost all external stimuli around you is geared toward
reinforcing this categorical thinking, which
the mind offers as further proof that the
unquestioned notions and unprocessed
generalities you hold of an entire group of
people are true. These proofs are then
expressed again, usually by the members
of the in-group, and they become more
external proof and create a closed-off
loop of stereotypical thinking that emphasizes differences instead of commonalities,
exclusion instead of inclusion. The result?
Conflict instead of cooperation.
For Conaco, the media present a clear
example of this. When you look at a
newspaper, writers there say, A Muslim
terrorist Cant we just say a terrorist
is a terrorist without saying hes Muslim
or Christian? And when the criminal is
a Christian, the newspapers dont say,
A Christian robber. But when its the
out-group concerned, you underscore the
difference. What youre actually doing is
underlining the between-group differences,
underlining the categories that exist. Media
tend to reinforce that, I think. And with the
Mamasapano incident, it seems that it has
reinforced a lot of paranoia.
This constant rehashing of group differences has been done for so long it has
become a habit. For the media, focusing
on conflict, violence and negative events
may help sell papers or boost ratings, but it
ultimately reinforces the categorical, us vs
them habit of thinking.
How can you recover [from the trauma
of an incident like Mamasapano] when
every day you hear the same thing on the
radio, when you open the newspaper, and
when you check the Internet? Its always
ince I was a child, my family has been in this situation. We flee, return home and rebuild our lives.
Then we evacuate again; it is never ending. These were the words of Bai Zahara Alim when she
was interviewed by journalist Ferdinand Cabrera for Davao City-based media cooperative Mindanews.1
Alim and her family were bakwits or among those who had to evacuate their homes in ShariffSaydona, Maguindanao after operations against members of the Bangsamoro Islamic Freedom
Fighters (BIFF) were launched by the armed forces and the Moro Islamic Liberation Front
(MILF).
A corruption of the English word evacuate, the term bakwit refers to individuals displaced in areas frequently affected by conflict, in this case, Central Mindanao.
In this recent evacuation, Alim and her neighbors would be affected by military
offensives against the BIFF. The operations were launched in the aftermath of the Mamasapano incident, where 44 police Special Action Force (SAF) died in an attempt
to capture two wanted terrorists.
On January 25 this year, SAF commandos raided in Mamasapano, Maguindanao, what was believed to be a hideout of Malaysian terrorist Zulkifli Abdhir,
more widely known as Marwan, and his Filipino protg Abdul Ahmad Akmad
Usman, better known as Basit Usman. While Marwan was later confirmed to
have been killed in the operation, the national police anti-terror unit suffered
its heaviest losses in a single day in its 32-year history.
The operation against Marwan and Usman could not have happened at a
more inopportune time. The Government of the Republic of the Philippines
(GRP) and the MILF were in the middle of a massive nationwide information campaign aimed at disseminating information on the Bangsamoro
Basic Law (BBL). The organic act would seal the peace agreement ending
almost four decades of conflict between the government and Muslim
separatists.
A product of years of on-and-off negotiations, the BBL would be the
culmination of the renewed commitment to peace between the Aquino administration and the MILF
leadership which culminated in the signing of the Comprehensive Agreement on the Bangsamoro on
March 2014.2
But all the carefully planned steps towards lasting peace in several areas in Mindanao were put to the
test by the Mamasapano incident. In the days immediately following the death of the SAF commandos,
the national political leadership, the top brass of the military and the police, the media and Filipinos online
and offline question the wisdom of the peace agreement, with the BBL hanging in the balance.
While debates on the BBL, the peace process between the government and the MILF and the Mamasapano operation raged in the halls of power and online, what was hardly discussed in the Senate and the House
or Representatives was the impact of the incident to the local population of Maguindanao and surrounding
provinces.
In the days following the raid, non-government organizations (NGOs) and the Department of Social
Welfare and Development (DSWD) noted the evacuation of several families living near the area of the
incident.
On February 5, 2015, the International Organization for Migration (IOM) noted clashes between the
MILF and the BIFF, as well as another clash on February 15. The firefights between the BIFF and the
MILF resulted in the displacement of several residents and families in Buliok, Kalbugan, Bagoinged in
Pagalungan, Maguindanao.3
According to the IOM, as many as 11,384 families or 58,742 individuals were displaced by the conflict in
Maguindanao and the flooding in nearby North Cotabato between January 23 to February 17, 2015.
Image adapted from a photo by Ruby Thursday, MindaNews, http://www.mindanews.com/photos/bakwit-7/
Moving boundaries
If peace is to have a chance, then it
is up to us to give it that chanceto
make spaces of peace, understanding
and inclusivity where we are, beginning with our minds.
For instance, there are ways to
subvert the human tendency toward
categorical thinking. One way is to get
to know the members of the out-group
on an individual basis, to form relationships with them, and to learn to
see them as people, just like you, so
youre more aware of the individual
rather than a lumped, totalized, faceless
whole, said Conaco.
Another way is to move the boundaries of our mental categories and
divisions outward. Why within the
ts
indanao in the aftermath
faraway Manila still debate over the ultimate responsibility for the death of the SAF commandos.
Much has been said by political leaders, the military, the academe, the media and ordinary Filipinos
far from the areas of conflict, on the impact of the
Mamasapano incident on how the BBL and the peace
agreement between the government and the MILF
will now be viewed. Very few, however, even mention
the Filipinos displaced by the conflict which resulted
from the botched operation. Still fewer speak of the
plight of the bakwits who still cannot go back to their
homes for fear of renewed conflictfears born of the
violence brought back to their towns by the raid on
that fateful day in January.
-------------------Email the author at forum@up.edu.ph
NOTES:
(Note: This is the sponsorship speech for HB 5811 delivered by Rep. Rodriguez at
the Plenary Hall of the House of Representatives on June 1, 2015.)
Rep. Rufus B. Rodriguez
Chairperson, Ad Hoc Committee on the Bangsamoro Basic Law
6734, ENTITLED AN ACT PROVIDING FOR AN ORGANIC ACT FOR
THE AUTONOMOUS REGION IN
MUSLIM MINDANAO
This measure took years in the making,
paid for by the blood and tears of our
people. This measure has brought to the
fore the need to address the issues that
have stunted the otherwise robust growth
of Mindanao.
Mindanao is the second largest island
of the Philippines and home to 24
percent of the Filipino population. This
represents at least 18 million people of
highly diverse ethnicities, cultures and
ways of life. The people of Mindanao
are basically divided into three groups,
the Moro, the Lumad and the Christian
settlers.
The national government has ignored
Mindanao and marginalized its indigenous and Muslim populations. Education, services and opportunities for
Mindanaos distinct populations have
been consistently inadequate over time.
This is why there is conflict.
In a paper titled, The Mindanao Conflict in the Philippines: Roots, Costs, and
Potential Peace Dividend written by Salvatore Schiavo-Campo and Mary Judd
Long (Social Development Paper, The
World Bank: February, 2005), the authors
mentioned that the Mindanao conflict
is the second oldest on earth, after the
conflict between North and South Sudan.
The long history of the conflict can be
summarized as follows: Before the arrival of the Spaniards in the 16th century,
Mindanao has already been in contact
with Muslim traders from Indonesia
and Malaysia long before the Spaniards
which resulted in the conversion to Islam
of the inhabitants, and the formation of
the Muslim Sultanates of Maguindanao
and Sulu, among others. When the
Spaniards arrived, Luzon and most of the
Visayas were subdued and converted to
Catholicism, but they never succeeded in
Mindanao. When the Americans came,
Mindanao was brought under control
of the national government after the
end of the Philippine-American War.
Despite this, hostility and conflict have
remained endemic until today. According
to the same paper, the Philippines was
comparatively calm for a period after it
was granted independence in 1946, but
conflict flared up again in the late 1960s
as growing numbers of Christians settled
in Mindanao. Settlers arrived particularly
from Central Luzon and Panay Island in
the Visayas. The resettlement was fostered by a deliberate policy of the central
government in Manila and eventually
resulted in Mindanao having a Christian
majority overall, with Muslim-majority
areas concentrated in the central and
southwestern regions.
Overall, although religious differences
have partly shaped it, the roots of the
conflict have been the clash of interests
in land and other natural resources, and
helpless, their equipment and even personal effects stripped from them and
passed around as war trophies, or sold
on the black market to be used later
against their own comrades?
That we have not responded with
violent revenge is a blessing we owe to
the widows and families of our fallen
SAF 44, who have displayed courage
and a burning desire for peace every
bit the equal of their slain loved ones.
In the midst of personal grief and loss
we can scarcely imagine, they have
shown us the grace of choosing the
righteous path. They asked only that
justice be served. They choose this
path despite their families having
been torn apart. They choose this path
despite their brave loved ones having
been abandoned by their leaders, first
in a hopeless battle in which
they were outnumbered and
outgunned, and many times after,
when their government failed
nay, rejectedevery opportunity
to honor the fallen SAF 44 with
the decency, respect, and honor
befitting those who have given
their lives for our country.
They choose the path of peace.
And so shall we.
Our heroes died for peace, and
we honor them because a country
without heroes is a country without a soul.
This is why the Basic Law of
the Bangsamoro Autonomous
Region we have created with
great effort and the help of many
people is so important. Our
heroes are best honored with
deeds, not words, and there can
be no greater honor than to finish
the task for which they gave their
lives, because in honoring our
heroes, we honor the Philippines,
and all its diverse people.
We should not, and we cannot
fail them.
I accepted the challenge and
made a commitment to correct the
many flaws of the original Bangsamoro
Basic Law because I believe in peace.
I recognize, as our people do, that this
law is necessary to achieve that peace.
But it can only meet that sacred goal if
it is a law that is constitutional, a law
that is all-embracing, inclusive of all
who have been tragically affected by
the conflict as well as every Filipino,
a law that honors our heroes and what
they fought and died for.
And so we proceeded carefully, with
respect for the future we are all trying
to create for this country. We proceeded by being inclusive, and inviting the consultation of every affected
stakeholder. We proceeded according
to the laws of our land, and the desire
of every Filipino for peace.
We proceeded in this careful,
Salient Amendments by
Congress to the Bangsamoro
Basic Law through HB 5811
Jo. Florendo B. Lontoc
Salient Deletio
to Co
HOUSE BILL NO. 4994
PREAMBLE
PREAMBLE
Article I
NAME AND PURPOSE
Presidential Adviser on the Peace Process quoted Philippine chief peace negotiator Miriam Coronel Ferrer as praising HB 5811 for retaining the three most
substantive elements of the BBL.
The important elements are still there, notably the structure of government;
the automatic block grant; and the layered voting process through which the
majority vote in the six Lanao del Norte municipalities and 39 North Cotabato
barangays shall be determined at the level of the local government unit, she said.
Ferrer also said the substitute bill preserves the spirit of political and fiscal
autonomy.
She cited a provision for the Chief Minister to have two deputies, one from the
island provinces and another from central Mindanao, as a substantial change.
The welfare of the indigenous peoples has been enhanced. The same is true
with the protection of womens rights and welfare. While there were cutbacks
on the jurisdiction of the Bangsamoro government over natural resources, the
wealth-sharing from the exploration, development, and utilization of these
resources were not changed, Ferrer was quoted in the gazette.
-------------------Email the author at forum@upd.edu.ph.
Article I
NAME AND PURPOSE
Article III
TERRITORY
Photo from the Office of the Presidential Adviser on the Peace Process website, http://opapp.gov.ph/media/photos
Article III
GEOGRAPHICAL AREA OF THE
BANGSAMORO AUTONOMOUS
REGION
SEC. 3. Contiguous Territory.
Any local government unit
or geographic area outside
the territorial jurisdiction of
the Bangsamoro but which are
contiguous to any of the component
units of the Bangsamoro and within
the area of autonomy identified in
the 1976 Tripoli Agreement, may
opt to be part of the Bangsamoro
by filing a petition of at least ten
percent (10%) of the registered
voters of the interested local
government unit or geographic
area. The inclusion of the local
government unit or geographic
area in the Bangsamoro shall
be effective upon approval by a
majority of the votes cast in the
plebiscite of the political units
directly affected. Petitions for
inclusion may only be filed on the
fifth (5th) and tenth (10th) year
following the enactment of this Basic
Law.
The schedule of the plebiscite
shall be determined by the
Commission on Elections.
Article IV
GENERAL PRINCIPLES
AND POLICIES
Article IV
GENERAL PRINCIPLES
AND POLICIES
Article V
POWERS OF GOVERNMENT
Article V
POWERS OF GOVERNMENT
Article VI
INTERGOVERNMENTAL RELATIONS
Section 1. Asymmetric
Relationship. The relationship
between the Central Government
and the Bangsamoro Government
shall be asymmetric. This is
reflective of the recognition of their
Bangsamoro identity, and their
aspiration for self-governance. This
makes it distinct from other regions
and other local governments.
Article VI
INTERGOVERNMENTAL RELATIONS
SECTION 1. Asymmetric
Relationship. The relationship
between the National Government
and the Bangsamoro Government
is asymmetric. This is reflective of
the recognition of the Bangsamoro
identity and the aspiration for
self-governance. This makes
it distinct from other regions
and other local governments.
Asymmetric relationship refers
to the relationship between the
National Government and the
Bangsamoro Government as an
autonomous region, as provided
under Section 15, Article X of
the 1987 Constitution, wherein
the autonomous regions are
granted more powers and less
intervention from the National
Government compared to
other territorial and political
subdivisions.
Continued on page 12
Article VII
THE BANGSAMORO GOVERNMENT
Article VII
THE BANGSAMORO GOVERNMENT
(Deleted)
(Deleted)
(Deleted)
(Deleted)
Article IX
BASIC RIGHTS
Section 5. Indigenous Peoples
Rights. The Bangsamoro Government
recognizes the rights of the indigenous
peoples, and shall adopt measures for
the promotion and protection of their
rights, the right to their native titles and/
or fusaka inged, indigenous customs
and traditions, justice systems and
indigenous political structures, the right to
an equitable share in revenues from the
utilization of resources in their ancestral
lands, the right to free and prior informed
consent, right to the political participation
in the Bangsamoro Government
including reserved seats and the right to
freedom of choice as to their identity.
Article XI
PUBLIC ORDER AND SAFETY
Article IX
BASIC RIGHTS
SEC. 5. Non-Moro Indigenous Peoples
Rights. The Bangsamoro Government
recognizes the rights of the non-Moro
indigenous peoples, and shall adopt
measures for the promotion and protection
of their rights, the right to their native titles
or fusaka inged, indigenous customs and
traditions, justice systems and indigenous
political structures, the right to an equitable
share in revenues from the utilization of
resources in their ancestral lands, the right
to free and prior informed consent, right to
political participation in the Bangsamoro
Government including reserved seats for
the non-Moro indigenous peoples in the
Bangsamoro Parliament, the right to basic
services and the right to freedom of choice
as to their identity in accordance with
the Indigenous Peoples Rights Act,
the Untied Nations Declaration of the
Rights of Indigenous Peoples and the
United Nations Declaration on Human
Rights.
Article XI
PUBLIC ORDER AND SAFETY
(Deleted)
Continued on page 13
(Deleted)
Article XII
FISCAL AUTONOMY
SEC. 2. Auditing. There is
hereby created an internal
auditing body with procedures
for accountability over revenues
and other funds generated within
or by the region from external
sources. This shall be without
prejudice to the power, authority,
and duty of the Commission on
Audit to examine, audit, and
settle all accounts pertaining
to the revenues and the use of
funds and property owned and
held in trust by any government
instrumentality, including
government-owned or controlled
corporations.
Loans
SEC. 22. Foreign and Domestic
Loans; Bills, Bonds, Notes and
Obligations.
XXX XXX XXX
Subject to acceptable credit worthiness,
such loans may be secured from
domestic and foreign lending
institutions, in accordance with
the Constitution. The Bangsamoro
Parliament may authorize the Chief
Minister to contract such domestic or
foreign loans. The loans so contracted
may take effect upon approval by a
majority of all the members of the
Bangsamoro Parliament.
XXX XXX XXX
Article XIII
ECONOMY AND PATRIMONY
Natural Resources
Section 8. Natural Resources, Nature
Reserves and Protected Areas.
The Bangsamoro Government shall
have the authority, power, and right
to explore, develop and utilize the
natural resources, including surface
and sub-surface rights, inland waters,
coastal waters, and renewable and
non-renewable resources in the
Bangsamoro.
XXX XXX XXX
Natural Resources
SEC. 8. Natural Resources. The
Bangsamoro Government shall have the
authority, power, and right to the control
and supervision over the exploration,
utilization, development, and protection
of the mines and minerals and
other natural resources within the
Bangsamoro Autonomous Region in
accordance with the Constitution and
the pertinent provisions of this Basic
Law except for the strategic minerals
such as uranium, petroleum, and
other fossil fuels, mineral oils, and all
sources of potential energy, provided
that the Bangsamoro Government shall
be consulted.
(Deleted)
Article XV
PLEBISCITE
Loans
Section 22. Foreign and Domestic
Loans; Bills, Bonds, Notes and
Obligations.
XXX XXX XXX
Subject to acceptable credit
worthiness, such loans may be
secured from domestic and foreign
lending institutions, except foreign and
domestic loans requiring sovereign
guaranty, whether explicit or implicit,
which would require the approval of the
Central Government. The Bangsamoro
Parliament may authorize the Chief
Minister to contract such domestic or
foreign loans. The loans so contracted
may take effect upon approval by a
majority of all the members of the
Bangsamoro Parliament.
XXX XXX XXX
Article XV
PLEBISCITE
SEC. 4. Plebiscite for Joining the
Bangsamoro Autonomous Region
Any local government unit or geographic
area outside the territorial jurisdiction of
the Bangsamoro Autonomous Region,
but which are contiguous to any of the
component units of the Bangsamoro
Autonomous Region and within the area
of autonomy identified in the 1976 Tripoli
agreement, may opt to be part of the
Bangsamoro Autonomous Region, upon
a verified petition for the conduct of a
plebiscite of at least ten percent (10%)
of the registered voters of the interested
local government units or geographical
areas; Provided, That the inclusion of the
local government unit or geographic area
in the Bangsamoro Autonomous Region
shall be effective when approved by a
majority of the votes cast in the plebiscite
called for the purpose in the political units
directly affected: Provided further, That
petitions for inclusion may only be filed
on the fifth (5th) and tenth (10th) year
following the enactment of this Basic Law:
and, Provided finally, That no petition for
joining the Bangsamoro Autonomous
Region shall be entertained within five
(5) years following the enactment of this
Basic Law.
The schedule of the plebiscite shall be
determined by the Comelec.
ARTICLE II
BANGSAMORO IDENTITY
SEC. 4.Bangsamoro People. Those who at the time
of conquest and colonization of the Philippines by the
Spaniards considered themselves natives or original
inhabitants of Mindanao, whether of mixed or of full
blood: Provided, That the foregoing profess the faith
of Islam shall have the right to identify themselves as
Bangsamoro. Spouses and their descendants, at their
option, shall also be part of Bangsamoro Autonomous
Region. This provision shall not in any way derogate
from the provisions of Article IV of the 1987
Philippine Constitution.
PREAMBLE
We, the Bangsamoro people and other inhabitants
of the Bangsamoro, imploring the aid of the
Almighty, aspiring to establish an enduring peace on
the basis of justice in our communities and a justly
balanced society, and asserting our right to conserve
and develop our patrimony;
In consonance with the Constitution and the
universally accepted principles of human rights,
liberty, justice, democracy, and the norms and
standards of international law, reflective of our system
of life prescribed by our faith, and in harmony with
our customary laws, cultures and traditions;
Affirming the distinct historical identity and
birthright of the Bangsamoro people to their ancestral
homeland and their right to self-determination
beginning with the struggle for freedom of their
forefathers in generations past and extending to the
presentto chart their political future through a
democratic process that will secure their identity and
posterity, and allow for genuine and meaningful selfgovernance as stipulated under the Comprehensive
Agreement on the Bangsamoro (CAB);
With the blessings of the Almighty, do hereby
ordain and promulgate this Bangsamoro Basic
Law, through the Congress of the Republic of the
Philippines, as the basic law of the Bangsamoro that
establishes the asymmetrical political relationship
with the Central Government founded on the
principles of subsidiarity and parity of esteem.
ARTICLE I
NAME AND PURPOSE
ARTICLE I
NAME AND PURPOSE
ARTICLE III
GEOGRAPHICAL AREA OF THE
BANGSAMORO AUTONOMOUS REGION
SEC. 8. Definition of Geographical Area
of the Bangsamoro Autonomous Region
Geographical area refers to the land mass as
well as the waters over which the Bangsamoro
Autonomous Region has jurisdiction. The area
of the Bangsamoro Autonomous Region shall
remain a part of the Philippines.
SEC. 9. Geographical Area Of The
Bangsamoro Autonomous Region The
geographical area of the Bangsamoro
Autonomous Region shall be composed of:
a. the present geographical area of the
Autonomous Region in Muslim
Mindanao (ARMM);
b. the cities of Cotabato and Isabela; and
c. any province or city which are contiguous
and outside the geographical area of the
present ARMM where there is resolution
of the local government unit or a petition
of at least ten percent (10%) of the
registered voters in the area asking for
their inclusion at least two months prior
to the conduct of a plebiscite of the Basic
Law for the Bangsamoro Autonomous
ARTICLE IV
GENERAL PRINCIPLES AND POLICIES
SEC. 18. Declaration On the Rights Of NonMoro Indigenous Peoples The Bangsamoro
regional government recognizes and promotes
the rights of Non-Moro indigenous peoples
within the framework of the 1987 Philippine
Constitution and national laws.
Article V
POWERS OF GOVERNMENT
Section 1. Reserved Powers. Reserved
powers are matters over which authority
and jurisdiction are retained by the central
government. The central government shall
exercise the following reserved powers:
1. Defense and external security;
2. Foreign policy;
3. Coinage and monetary policy;
4. Postal service;
5.Citizenship and naturalization;
6. Immigration;
7. Customs and tariff as qualified by Section
2 (10), Article V this Basic Law;
8. Common market and global trade, provide
that the power to enter into economic
agreements given to the ARMM under
R.A. 9054 is hereby transferred to the
Bangsamoro government as provided in
Article XII, Section 25 of this basic Law;
and
9. Intellectual property rights.
ARTICLE V
POWERS OF GOVERNMENT
SEC. 19. Reserved Powers. Reserved powers are
matters over which authority and jurisdiction are
retained by the national government. The national
government shall exercise the following reserved
powers:
1. National defense, and internal and external
security;
2. Foreign affairs;
3. Currency and policy direction in the areas of
money, credit and banking;
4. Postal service;
5. Citizenship and naturalization;
6. Immigration and deportation;
7. Customs and tariff laws as qualified by Sec. 20
(8), Article V of this Basic Law;
8. Common market and global trade: Provided,
That the power to enter into economic
agreements given to the ARMM under RA No.
9054 is hereby transferred to the Bangsamoro
regional government as provided in Article XI,
Section 146 of this Basic Law;
9. Intellectual property rights;
10. Supervision over banks and non-banks
financial institutions under the jurisdiction of
the Bangko Sentral ng Pilipinas (BSP);
11. Free ports. The Bangsamoro regional
government may establish free ports in the
Bangsamoro Autonomous Region. The
Bangsamoro regional government shall
coordinate with and assist the national
government on customs, immigration,
quarantine service, and international
commitments. Business and other enterprises
operating within the Bangsamoro Autonomous
Region free ports shall be entitled to the fiscal
incentives and other benefits provided by the
national government to special economic
zones. The free ports within the Bangsamoro
Autonomous Region shall be contiguous/
adjacent to seaport or airport; and
12. All other powers, functions and
responsibilities not granted by the 1987
Philippine Constitution or by law to the
autonomous regions.
A statue and tarpaulin memorial in honor of the Special Action Force 44 police officers slain during the Mamasapano
clash, located at PRO3 Police Station 1, ACPO, Angeles City, Pampanga Police Force National Police Commission
Philippine National Police in the Barangay Hall of Santo Rosario (Poblacion) Town Proper.
Photo from the Office of the Presidential Adviser on the Peace Process website, http://opapp.gov.ph/media/photos
Issues and
Concerns
s the Filipino people, together with the international community, anticipate the
final deliberations for the Bangsamoro Basic Law (BBL) pending in Congress, proponents have not given up hope in the quest for peace and justice through
the enactment of a good and mutually-acceptable BBL during President Benigno
Aquino IIIs administration. Two counterpart versions are due to be tackled: House
Bill No. 5811 or the Basic Law of the Bangsamoro Autonomous Region" in the
House of Representatives, and Senate Bill No. 2894 or "An Act Providing for the
Basic Law for the Bangsamoro Autonomous Region" in the Senate. To aid the public in examining the proposed legislations, several issues, statements and counterarguments raised by known proponents and critics of the BBL are presented below.
* The draft BBL, which was originally submitted to Congress, was revised by technical working
groups and counterpart versions were renamed as the Basic Law for/of the Bangsamoro Autonomous Region (BLBAR). Usage of the BBL acronym was retained in this publication for clarity. This
compilation was updated on July 14 and August 25, 2015.
Issues and
Concerns
Statements in Favor
of the Draft BBL
Constitutional
Basis of BBL,
Constitutional
=====
Office of the Presidential
Adviser on the Peace Process
(OPAPP):
"The Government of the
Philippines (GPH) is fully
committed to supporting the
passage of the BBL before the
2016 regular election. Provisions
in Article X of the 1987 Philippine
Constitution on the creation of
Autonomous Regions shall apply.
Section 15. There shall be
created autonomous regions
in Muslim Mindanao and in
the Cordilleras consisting of
provinces, cities, municipalities,
and geographical areas sharing
common and distinctive historical
and cultural heritage, economic
and social structures, and other
relevant characteristics within the
framework of this Constitution
and the national sovereignty as
well as territorial integrity of the
Republic of the Philippines.
Section 16. The President shall
exercise general supervision
over autonomous regions to
ensure that laws are faithfully
executed.
Section 17. All powers, functions,
and responsibilities not granted
by this Constitution or by law
to the autonomous regions
shall be vested in the National
Government.
If passed into law, the BBL will
create a Bangsamoro region to
replace the ARMM.
Source/s: http://www.opapp.
gov.ph/milf/faqs-frameworkagreement-bangsamoro
http://www.opapp.gov.ph/
milf/news/frequently-askedquestions-draft-bangsamorobasic-law
Creation of a Substate
Statements in Favor
of the Draft BBL
Philippine Constitutional
Association (Philconsa):
The BBL is "constitutionally
problematic," with questionable
provisions on "the right to selfdetermination, the Bangsamoros
apparent asymmetrical
relationship with the national
government, form of government,
territorial domain, foreign affairs,
internal and external security and
sources of government funds."
Source/s: http://www.philstar.com/
headlines/2015/01/26/1416898/
bangsamoro-bill-hasconstitutional-flaws
ation
Issues and
Concerns
Statements in Favor
of the Draft BBL
Issues and
Concerns
Memorandum of Agreement on
Ancestral Domain which was
eventually junked by the GPH.
We must vigorously oppose
the agenda of the imperialists
to establish military bases,
ruthlessly exploit the mineral and
agricultural wealth and cheap
labor of the Bangsamoro and
Mindanao.
Source/s: http://www.interaksyon.
com/article/110765/makabayanbloc-palace-version-of-railroadedbbl-wont-address-root-cause-ofmindanao-conflict
P 35 billion
=====
Atty. Mohammad Al-amin
Julkipli (Member, Legal Team
of the Government Peace
Negotiating Panel):
"The total funding to be directly
allocated to the Bangsamoro
regional government for its initial
year of operation will only amount
to P35 billion."
"This amount does not
significantly depart from the
current allocation for the
ARMM (broken down into: P1
billion for the transition from
the Autonomous Region in
Muslim Mindanao Regional
Government to the Bangsamoro
Government; P7 billion Special
Development Fund (SDF) for
the first year (and P2 billion per
year for the next five years) to
allow the poverty-stricken and
conflict-affected region to catch
up in terms of development
through infrastructure buildup and intensified delivery of
social services; and P27 billion
estimated block grant in 2016
which will be used for economic
development, payment for
salaries of teachers and health
workers and all other educational
and health services.)"
Source/s: http://opapp.gov.ph/
milf/news/public-urged-rejectmisinformation-bbl
P 75 billion
=====
Sen. Ralph Recto (Senate
President Pro-Tempore):
The Bangsamoro will get an
initial P 75-billion funding in its first
year.
The BBL creates financial
obligations in the tens of billions
of pesos. It binds the national
government, and ultimately
taxpayers, to allocate large sums
of money every year... On the first
year alone of the Bangsamoro
establishment, the projected
minimum cost is P75 billion.
"The BBL also provides for
a Special Development Fund
(SDF) that will be remitted to
the Bangsamoro government.
Barangays, cities, towns and
provinces constituting the
Bangsamoro region will continue
receiving their Internal Revenue
Allotments (IRA)the share
of local governments from
taxes collected by the national
government."
"There is already automatically
appropriated funds, then they can
keep the taxes, in part or in full,
that they can collect."
"Bangsamoro is to enjoy 100
percent retention for the first 10
years... If oil is found in the area,
the taxes, fees, royalties will be
divided equally. In case of metallic
minerals, the Bangsamoro gets
three-fourths of the income due,
while the national government
will have to be content with onefourth."
"The Bangsamoro can also
impose certain other taxes,
fees, and charges, from which
the national government will not
receive any share... It can contract
loans, it can pawn future revenues,
like what other LGUs are doing."
Source/s: https://www.senate.gov.
ph/press_release/2015/0216_
recto1.asp
http://www.interaksyon.com/
article/105178/recto-senate-todefuse-policy-landmines-in-bbl
Source: http://www.luwaran.com/
index.php/editorial/item/503critical-period
Shari'ah
Law in the
Bangsamoro
Statements in Favor
of the Draft BBL
"There will be no separate
justice system in the
Bangsamoro. In the BBL, the
special courts that are to be
institutionalized or strengthened
therein shall all be part of the
singular Judiciary that remains to
be under the administration and
control of the Supreme Court.
That is true for the Shari'ah
Courts in the Bangsamoro as
well as the tribal/customary
courts."
Source/s: http://opapp.gov.ph/
milf/news/public-urged-rejectmisinformation-bbl
Creation of
New and
Distinct
Agencies
Duplicating
the Work of
Constitutional
Bodies
such as the
Commission on
Audit (COA),
Commission
on Elections
(Comelec),
and the
Civil Service
Commission
(CSC)
Police and
military
organizations
in the
Bangsamoro
Continued on page 20
Statements in Favor
of the Draft BBL
Checks and
Balances
OPAPP:
"The President will continue
to exercise general supervision
over the Bangsamoro government
to ensure that national laws are
faithfully executed.
National laws cannot be amended
by the Bangsamoro Parliament
unless authorized by Congress.
Reserved powers (both expressed
and residual) of the national
government can at anytime be
exercised within the Bangsamoro
territory without any limitation
whatsoever. For example, the
Bangsamoro governments power
to enter into economic agreements,
and to establish linkages for cultural
exchange, economic and technical
cooperation with other countries is
subject to the central governments
reserved powers over foreign
affairs. In addition, the exercise of
the concurrent or shared powers by
the Bangsamoro government can
only be done with the coordination
and cooperation of the national
government.
To supplement the work of
the Constitutional bodies in the
Bangsamoro (COA, CSC, Comelec,
CHR) is the proposed establishment
of auditing, civil service, election
and human rights units in the
Bangsamoro without prejudice of
course to the powers, authorities
and duties of these Constitutional
bodies. The only goal is to assist,
and not to replace in any manner
whatsoever the powers and
authorities of these bodies.
The Ombudsman shall have the
power to act on erring Bangsamoro
officials. The Supreme Court will
continue to exercise the powers of
supervision and judicial review over
all courts including Shariah courts.
Moreover, there are clear
statements in the proposed BBL that
the Bangsamoro government will
have to adhere to the commitments
of the national government as
embodied in international treaties
and agreements.
The draft law also provides
for additional intergovernmental
bodies to be established in
order to ensure cooperation and
coordination between the National
and Bangsamoro Governments.
These are:
(1) The Central Government
- Bangsamoro Government
Intergovernmental Relations
Body to resolve issues on
intergovernmental relations;
(2) The Intergovernmental Fiscal
Policy Board that shall address
revenue imbalances and
fluctuations in regional financial
needs and revenue-raising
capacity of the Bangsamoro;
(3) The Philippine Congress Bangsamoro Parliament Forum
for purposes of cooperation
and coordination of legislative
initiatives;
(4) The Bangsamoro Sustainable
Development Board to
ensure the harmonization
of environmental and
development plans, as well
as to formulate common
environmental objectives; and
(5) The Joint Body for the Zones
of Joint Cooperation which
shall be responsible for
drawing up of policies in the
zones of joint cooperation in
the Sulu Sea and the Moro
Gulf.
Also worthy of note is the
provision on the possible vote of no
confidence against the government
of the day which can serve as a
further check on the performance
of the Bangsamoro government by
the duly elected representatives of
the Bangsamoro. Another is the full
disclosure policy of the Bangsamoro
government of its budget and
finances and of bids and public
offerings.
Regarding public order and
safety, there will be a Bangsamoro
Police Board which shall perform
- Secretary Teresita
Quintos-Deles,
Presidential Adviser on
the Peace Process
Source: http://www.luwaran.com/
index.php/new/item/541-op-andcongress-remain-committedto-the-enactment-of-mutuallyaccepted-bbl-sec-deles
Parliamentary
System of
Government
Statements in Favor
of the Draft BBL
OPAPP:
"The powers of the Bangsamoro
government shall be given to the
Parliament.
The President shall exercise
general supervision over the
Bangsamoro government to ensure
that National laws are faithfully
executed.
The Chief minister shall head the
government of the Bangsamoro,
shall be elected by a majority vote
of the Parliament from among its
members, shall appoint the Deputy
Chief Minister and members of the
Cabinet.
The Council of Leaders includes
the provincial governors, mayors
of chartered cities, indigenous
peoples, women, settlers, and other
sectoral representatives.
The Wali shall be the titular
(ceremonial) head of the
Bangsamoro, shall be chosen by
the Parliament and have a term of
six years."
http://www.opapp.gov.ph/milf/news/
frequently-asked-questions-draftbangsamoro-basic-law
SOURCES:
Alunan III, R. (2015, April 20). When the ship of state is headed for the rocks. BusinessWorld. Retrieved from
http://www.bworldonline.com/content.php?section=Opinion&title=when-the-ship-of-state-is-headed-for-therocks&id=106454
Alunan III, R. (2015, February 17). [Facebook status update]. Retrieved from https://www.facebook.com/
rafael.m.alunan/posts/10203768733119501
Araneta, M. & Araneta, S. (2015, June 15). Marcos promises to correct flaws in draft law. Manila Standard Today.
Retrieved from http://manilastandardtoday.com/2015/06/15/marcos-promises-to-correct-flaws-in-draft-law/
Arguillas, C. (2015, July 12). Rufus: BBL deliberations to resume August despite petitions in Supreme Court.
MindaNews. Retrieved from http://www.mindanews.com/peace-process/2015/07/12/rufus-bbl-deliberations-toresume-august-despite-petitions-in-supreme-court/
Bacani, S. (2015, January 26). Checks and Balances in National Government vs None in the BBL. Office of the
Presidential Adviser on the Peace Process. Retrieved from http://www.opapp.gov.ph/milf/news/checks-andbalances-national-government-vs-none-bbl
Burgonio, T.J. (2015, February 5). Cayetano against BBL, says MILF to boost army that can threaten Republic.
Philippine Daily Inquirer. Retrieved from http://newsinfo.inquirer.net/670825/cayetano-against-bbl-says-milf-toboost-army-that-can-threaten-republic
Casayuran, M. & Quismoro, E. (2015, June 11). July deadline for BBL impossible Rufus. Manila Bulletin.
Retrieved from http://www.mb.com.ph/july-deadline-for-bbl-impossible-rufus/
Casayuran, M. (2015, February 14). BBL unconstitutional Miriam. Manila Bulletin. Retrieved from http://
www.mb.com.ph/bbl-unconstitutional-miriam/
Dalangin-Fernandez, L. (2015, April 18). BBL will create 'sub-state' with 'equal strength' to national
government - ex-UP Law Dean Magallona. InterAksyon.com. Retrieved from http://www.interaksyon.com/
article/109029/bbl-will-create-sub-state-with-equal-powers-to-natl-govt---former-up-law-dean
InterAksyon.com. (2015, May 19). Makabayan bloc: Palace version of railroaded BBL won't address root
cause of Mindanao conflict. Retrieved from http://www.interaksyon.com/article/110765/makabayan-blocpalace-version-of-railroaded-bbl-wont-address-root-cause-of-mindanao-conflict
Legaspi, A. (2015, February 2). Bangsamoro law cannot abolish ARMM, says ex-solon. GMA News.
Retrieved from http://www.gmanetwork.com/news/story/423752/news/nation/bangsamoro-law-cannotabolish-armm-says-ex-solon
Luci, C. (2015, March 6). Unconstitutional BBL provisions scrapped. Manila Bulletin. Retrieved from http://
www.mb.com.ph/unconstitutional-bbl-provisions-scrapped/
Mendez, C. (2015, January 26). Bangsamoro bill has constitutional flaws. The Philippine Star. Retrieved
from http://www.philstar.com/headlines/2015/01/26/1416898/bangsamoro-bill-has-constitutional-flaws
Mendez, C. (2015, June 4). Marcos rejects draft BBL, says it wont lead to peace. The Philippine Star.
Retrieved from http://www.philstar.com/headlines/2015/06/04/1462012/marcos-rejects-draft-bbl-saysit-wont-lead-peace
Office of the Presidential Adviser on the Peace Process. (2014, September 10). Frequently Asked Questions
on the draft Bangsamoro Basic Law. Retrieved from http://www.opapp.gov.ph/milf/news/frequently-askedquestions-draft-bangsamoro-basic-law
Office of the Presidential Adviser on the Peace Process. (2015, March 30). Public urged to reject
misinformation on BBL. Retrieved from http://www.opapp.gov.ph/milf/news/public-urged-rejectmisinformation-bbl
Office of the Presidential Adviser on the Peace Process. (2015, May 1). BBL means meaningful Bangsamoro
autonomy, not power for any group -- OPAPP. Retrieved from http://www.opapp.gov.ph/milf/news/bblmeans-meaningful-bangsamoro-autonomy-not-power-any-group-opapp
Office of the Presidential Adviser on the Peace Process. FAQs on the Framework Agreement on the
Bangsamoro. Retrieved from http://www.opapp.gov.ph/milf/faqs-framework-agreement-bangsamoro
Office of the Presidential Adviser on the Peace Process. Gov't peace panel keeps hopes high on Congress'
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Reyes, E. (2015, February 16). Recto: Senate to defuse policy landmines in BBL. InterAksyon.com.
Retrieved from http://www.interaksyon.com/article/105178/recto-senate-to-defuse-policy-landmines-in-bbl
Senate press release. (2015). Senate cannot rubber-stamp its OK on BBL's P75 B price tag. Retrieved
from https://www.senate.gov.ph/press_release/2015/0216_recto1.asp
Tiglao, R. (2014, September 11). Bangsamoro bill: Have they lost their minds? The Manila Times. Retrieved
from http://www.manilatimes.net/bangsamoro-bill-lost-minds/126047/
Viray, P.L. (2015, February 2). Bangsamoro law's constitutionality tackled in Senate hearing. The Philippine
Star. Retrieved from http://www.philstar.com/headlines/2015/02/02/1419387/bangsamoro-lawsconstitutionality-tackled-senate-hearing
he Makabayan bloc recognizes the courageous struggle of the Moro people for the
right to national self-determination. This struggle is rooted in the centuries-long
and ongoing oppression and exploitation of the Filipino people including the Bangsamoro and other indigenous peoples by the colonial and neocolonial powers and the local
ruling elite. This struggle forms an important part of the Filipino peoples struggle
against foreign and local ruling class domination and enslavement towards genuine
independence and democracy.
The Bangsamoro must attain and exercise their right to self-determination. The
socio-economic roots of war must be addressed, and widespread poverty and injustice
eradicated. Otherwise, the armed struggle of the Moro people will continue and grow
stronger even if the Moro Islamic Liberation Front places its weapons beyond use.
In our analysis of the text and more importantly, in consideration of the prevailing societal
context, the proposed Bangsamoro Basic Law falls far short of and does not adequately address the aspirations of the Bangsamoro and indigenous peoples
struggle because: 1) the BBL grants not full but only limited autonomy; 2)
genuine autonomy can never be possible under a neo-colonial, semifeudal and corrupt state and ruling system; and 3) the BBL does not
address the social and economic roots of poverty and injustice.
The prevailing political context has worsened in the aftermath of
Mamasapano. Through Congress, the Aquino administration is taking back the proposed additional powers granted to the Bangsamoro in the BBL and other concessions negotiated by the MILF.
The interest shown by the US, Japan, and the European Union
in the peace talks with the MILF and the BBL is likewise extremely alarming. The US took an active role in the drafting of
the Government of the PhilippinesMILF Memorandum of
Agreement on Ancestral Domain which was eventually junked by
the GPH. We must vigorously oppose the agenda of the imperialists
to establish military bases, ruthlessly exploit the mineral and agricultural wealth and
cheap labor of the Bangsamoro and Mindanao.
port of the US and Malacaang. But can autonomy propped up by US and the GPH Presidents patronage still be considered genuine? Likewise, it remains to be seen, whether,
and for how long, the MILF can maintain its grip on the Bangsamoro government.
The BBL does not even attempt to dismantle the socio-economic roots
of the Moro rebellion
The BBL makes no effort to identify and dismantle the socio-economic roots of the
Moro rebellion. Essentially, the BBL is an agreement on the terms of power-sharing
and division of wealth between the GPH and the Bangsamoro government. But there
are no provisions in the BBL that address the root of poverty and injustice that are the
causes of the Moro rebellion and war.
The BBL glaringly lacks any provision that puts an end to the monopoly control of
agricultural lands and mineral resources by foreign corporations and a handful of big
compradors and landlords through the free redistribution of land to farmers; nor
provisions for the establishment of job-creating industries; nor provisions to
lift the Moro, indigenous people, and other inhabitants of the Bangsamoro
from poverty. The BBL appears to be saying that resolving the socioeconomic roots of rebellion should just be left to whoever takes power in
the Bangsamoro.
The ordinary Moros and lumads and others who support the armed
struggle in Mindanao are farmers, fisherfolk, youth, women, and
other poor people deprived of land, jobs, education, health, and other
basic services. If widespread poverty and injustice are not addressed, the societal basis for the Moro armed struggle persists, just
as it does for the armed revolution being waged by the Communist
Party of the Philippines, the National Democratic Front, and the
New Peoples Army.
Bigay-bawi and deception by government in the peace talks with the
MILF and the BBL
It is becoming increasingly apparent that grand deception and co-optation are the
US-Aquino regimes real objectives in engaging the MILF in peace talks, negotiating
the Comprehensive Agreement on the Bangsamoro and drafting the BBL. This is also
part of the regimes divide-and-rule tactic to neutralize the MILF and concentrate the
governments armed force on the CPP-NPA.
The Aquino administration is now taking away, through amendments proposed by its
allies in Congress, the additional powers of the Bangsamoro government that it granted
in the negotiations with the MILF on the assurance that these are in accordance with
the Constitution. The government peace panel and Pres. Aquino himself insisted that no
amendment of the Constitution was necessary.
Ironically, the ongoing process of bigay-bawiamendments in Congress, including
the argument that eight or more provisions of the BBL are unconstitutional, are justified
by taking the line that the MILF cannot be trusted after what happened in Mamasapano. It was President Aquino himself, together with then-suspended PNP Chief Gen.
Purisima, who were primarily accountable for the police operation in Mamasapano,
which they approved without coordination with the MILF, resulting in the carnage that
rocked the administration and derailed the smooth passage of the BBL.
Malacaang and the Liberal Party have clearly turned their backs on agreements the
GPH had signed with the MILF in seeking to take back the many concessions given to
the MILF, on the pretext that there are indeed unconstitutional provisions in the BBL
that have to be amended or deleted completely.
The administration and its allies in Congress are now pushing for bigay-bawi
amendmentsthe nine exclusive powers of the national government in the committee
chairmans draft of the BBL will increase to 17, and the eight powers of the Bangsamoro government over the police, proposed amendments that take away or otherwise
violate the contents of the agreement entered into by government with the MILF. We
will not allow ourselves to be used in the bigay-bawi scheme and grand deception of
the Aquino administration. We criticize the governments violations of and the reneging
on agreements it entered into with the MILF, similar to what is happening in the peace
talks with the National Democratic Front.
We will uphold the proposals and demands that will strengthen the right to self-determination of the Moro people and the lumads. The socio-economic roots of war must be identified
and dismantled and programs for genuine land reform, job creation and industrialization and
wealth redistribution be instituted. There must be provisions that prohibit the establishment
of foreign military bases and curtail the unbridled exploitation of the mineral and agricultural wealth and cheap labor of the Bangsamoro and Mindanao by foreign capitalists.
We shall decide how we will vote after due consideration and study of the final version of the BBL that will be put to a vote before the committee and in plenary.
REP. NERI J. COLMENARES
Bayan Muna Partylist
REP. LUZVIMINDA C. ILAGAN
Gabriela Womens Partylist
REP. ANTONIO L. TINIO
ACT Teachers Partylist
ment.
The powers are classified as:
Reserved Powers or those over which the national
government has authority and jurisdiction.
Concurrent Powers refer to those which the
Bangsamoro government shares with the national
government.
Exclusive Powers refer to those over which the
Bangsamoro government has authority and jurisdiction.
Provides for the form of the Bangsamoro government, which shall be a parliamentary democratic
political system.
Divides the powers of the Bangsamorogovernment. Legislative Authority shall be exercised by
the Bangsamoro parliament. Executive Authority
shall be exercised by the chief minister, who will be
elected by the parliament. Judicial Authority continues to be exercised by the Supreme Court, even as
the bill recognizes the applicability of the Shariah
Justice System over Muslims and traditional or
tribal justice systems to indigenous peoples.
Provides that the Bangsamorogovernment shall
enjoy fiscal autonomy.
Provides for funding grant and support to the
Bangsamorogovernment, such as the following:
Annual Block Grant. The central government shall
provide an annual block grant which shall be the
share of the Bangsamoro in the national internal
revenue of the government.
Special Development Fund for the rehabilitation
and development of the Bangsamoro.
Initial Funding for Transition in order that the
Bangsamoro may carry out the requirements of
transition, including the organizational activities
of the Bangsamoro Transition Authority (BTA),
organization of the bureaucracy, hiring of personnel, and the exercise of functions and powers of
the BTA.
Provides for the sharing of taxes between the
Bangsamoro government and the national government as well as the sharing of income from the utilization of resources in the Bangsamoro geographic
area.
Creates the Bangsamoro Transition Authority
(BTA), which shall be the interim government or
the governing body in the Bangsamoro Autonomous Region during the transition period, and
provides for its powers and functions.
See the "Salient Deletions and Amendments to the
Original HB 4994" on p. 10.
The process that the BBL, now the proposed Basic
Inside the Archbishop's Palace: MILF chief peace negotiator Mohagher Iqbal stands
in front of other guests coming from the different sectors to answer questions
about the BBL, a day before receiving an award from Xavier University-Ateneo de
Cagayan for his role in the peace process. With him is Balay Mindanaw Foundation,
Inc. official, Kaloy Manlupig (right), Archbishop Antonio Ledesma and Msgr. Rey
Monsanto, spokesperson for the Archdiocese of Cagayan de Oro.
The UP FORUM
Dr. Clarita R. Carlos
UP College of Social Sciences and Philosophy
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UP National College of
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THE UP FORUM
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UP FORUM
16 Nos. 3 & 4 May - August 2015
University
of theVolume
Philippines