Dissecting The Bangsamoro Basic Law

Activity: DISSECTING THE BANGSAMORO BASIC LAW: IS THE LAW THE RIGHT PATH TO PEACE?
Date: December 2, 2014
Venue: Hotel La Breza, 155 Mother Ignacia Street, Quezon City
PRELIMINARIES
After the Opening Prayer and National Anthem, the forum

moderator, Atty. Marlon Manuel said that we have 3
speakers who are all lawyers because we want to focus on
the legal provisions of the Bangsamoro Basic Law (BBL). He
said that the first speaker is part of the ALG family, a lawyer
and former Executive Director of SALIGAN, but is now with
the Bangsamoro Transition Commission (BTC), Commissioner Raissa Jajurie. The second speaker also
worked with SALIGAN, but she is now with the Office of the Presidential Adviser on the Peace Process
(OPAPP), Undersecretary Cleofe “Getty” Sandoval. The third speaker is Atty. Christian Monsod, the
former Chairperson of the Commission on Elections, and was part of the 1986 Constitutional
Commission that drafted the 1987 Constitution. He was invited to share some of the discussions in the
Commission pertaining to the provisions in the Constitution on the grant of authority to particular
regions for Mindanao and the Cordilleras.
Before the presentations by the speakers, a video was shown on the Bangsamoro roadmap. Afterwards,
there was a quick round of personal introductions.
SALIENT PROVISIONS OF THE BANGSAMORO BASIC LAW by COMMISSIONER RAISSA JAJURIE (BTC)
Comm. Raissa (BTC): Good afternoon. Assalamu Alaikum. I was just given 30 minutes so I will not be
presenting the entire 242 Articles.
The BTC is the body mandated to draft the Bangsamoro Basic Law (BBL) that are based on the political
agreements between the Philippine government (GPH) and MILF (Moro Islamic Liberation Front),
otherwise known as the CAB (Comprehensive Agreement on the Bangsamoro).
The Comprehensive Agreement on the Bangsamoro (CAB):
 The CAB is composed of several agreements from 17 years of negotiations and consolidates and
affirms the understanding and commitment between the GPH (Government of the Philippines)
and the MILF.
 The more recent FAB (Framework Agreement on the Bangsamoro) has 4 Annexes and an
Addendum:
o Annex on Transitional Arrangements and Modalities
o Annex on Normalization
o Annex on Revenue Generation and Wealth Sharing
o Annex on Power Sharing
Dissecting the Bangsamoro Basic Law: Is the Law the Right Path to Peace?
December 2, 2014 at Hotel La Breza, 155 Mother Ignacia Street, Quezon City
o Addendum on Bangsamoro Waters and Zones of Joint Cooperation
 Not everything in the agreement and annexes are found in the BBL because the BBL is
something like an organic law. The provisions in the FAB are relevant to that purpose, which is
the setting up of the Bangsamoro, but as we can see later on, some of the provisions are not
relevant to the establishment of the Bangsmoro
Highlights of the BBL:
 Outline of the BBL:

o Preamble
o Name and Purpose
o Bangsamoro Identity
o Territory
o General Principles and Policies
o Powers of Government
o Intergovernmental Relations
o Bangsamoro Parliament
o Wali (Titular Head)
o Basic Rights
o Bangsamoro Justice System
o Public Order and Security
o Fiscal Autonomy
o Economy and Patrimony
o Rehabilitation and Development
o Plebiscite
o Bangsamoro Transition Authority (BTA)
o Amendments and Revisions
o Final Provisions
Bangsamoro Identity:
 Natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands
including Palawan at the time of conquest and colonization.
 Spouses and their descendants, whether of mixed or of full blood, have the right to identify
themselves as Bangsamoro by ascription or self-ascription.
 The freedom of choice of other Indigenous peoples shall be respected.
Bangsamoro Core Territory:
 The present geographical area of the Autonomous Region in Muslim Mindanao (ARMM).
 6 Municipalities in the province of Lanao del Norte: Baloi, Munai, Nunungan, Pantar, Tagoloan
and Tangkal.
 39 barangays in the Municipalities of Kabacan, Carmen, Aleosan, Pigkawayan, Pikit, and
Midsayap in North Cotabato.
 The Cities of Cotabato and Isabela.
 Those qualified for inclusion in the plebiscite, by way of resolution or petition.
 Unlike the Memorandum of Agreement on Ancestral Domain (MOA-AD) crafted in 2008 also
between the Philippine government and the MILF, the Framework Agreement does not create a
separate state with its own territory, people, government and sovereignty. Instead, the
Framework Agreement recognizes the overarching power and authority of Philippine laws and
institutions, and implicitly recognizes the Constitution’s supremacy.
 For example, the President, through an executive order, will create the Transition Commission;
and Congress shall enact the basic law that will govern the Bangsamoro region. Also, while the
Bangsamoro “may create its own auditing body and procedures for accountability... [t]his shall
be without prejudice to the power, authority and duty of the national Commission on Audit to
examine, audit and settle all accounts...” [A. Panganiban]
Bangsamoro Waters and Zones of Joint Cooperation:
 There shall be created a joint body composed of representatives from the Department of
Environment and Natural Resources (DENR) and the National Mapping and Resource
Information Authority (NAMRIA) and equal number of representatives from appropriate
agencies of the Bangsamoro Government that shall establish the coordinates of the Bangsamoro
territory, including the Bangsamoro waters and the Zones of Joint Cooperation.
 Internal waters: The waters around, between and connecting the islands embracing the
Bangsamoro geographic region form part of the internal waters thereof.
 Bangsamoro waters: Waters extending up to 22.224 kilometers (12 nautical miles) from the
low-water mark of the coast that are part of the Bangsamoro territory shall be within the
territorial jurisdiction of the Bangsamoro.
 Where a constituent local government unit of the Bangsamoro and an adjoining local
government unit are so situated on the opposite shores such that thirty (30) kilometers of
waters or less between them, a line equidistant from the opposite shores shall be drawn to
demarcate the Bangsamoro Waters and the municipal waters of the adjoining local government
unit. Should they be so situated that there are more than thirty (30) kilometers but less than
37.224 kilometers of waters between them, a line shall be drawn at the edge of the 15
kilometers municipal waters of the adjoining local government unit to demarcate it from the
Bangsamoro Waters.
 Zones of Joint Cooperation in the Sulu Sea and the Moro Gulf: the coordinates of which shall be
defined by the joint body, are hereby created for the ff purposes:
o The protection of the traditional fishing grounds,
o Benefitting from the resources, and
o Interconnectivity of the islands and the mainland parts of a cohesive Bangsamoro
political entity
 BBL: Ensuring the exercise of the preferential rights of the Bangsamoro people and other
indigenous peoples.
Power Sharing:
 Reserved powers are powers or matters over which authority and jurisdiction are retained by
the Central Government.
 Exclusive powers are powers or matters over which authority and jurisdiction pertain to the
Bangsamoro Government.
 Concurrent powers refer to shared powers between the Central Government and the
Bangsamoro Government, as contained in the Annex on Power Sharing and as further provided
for in the Bangsamoro Basic Law.
 Reserved powers:
o Defense and external security;
o Foreign policy;
o Coinage and monetary policy;
o Postal service;
o Citizenship and naturalization;
o Immigration;
o Customs and tariff, as qualified by no. 10 in concurrent;
o Common market and global trade, provided however that the power to enter into
economic agreements already allowed under RA No. 9054 shall be transferred to the
Bangsamoro Government; and
o Intellectual property rights.
Political and Electoral System:
 There will be a Bangsamoro Parliament and a Bangsamoro Cabinet

 60 members of the parliament, at least
o Party representatives (50%)
o District representatives (40%)
o Reserved seats & sectoral representatives (10%)
 3-year term, no more than 3 terms
 Elected Speaker, Deputy
 The Bangsamoro Cabinet:
o The executive function and authority shall be exercised by the Cabinet, which is headed
by a Chief Minister.
o Composition: Chief Minister, Deputy Chief Minister, and other ministers.
 Chief Minister - Elected by majority votes from among the members of the
Parliament.
 Deputy Chief Minister - Appointed by the Chief Minister from among the elected
members of the Parliament.
 Other Ministers - Majority shall also come from among the members of the
Parliament.
 Wali:
o Wali as titular head.
o To perform only ceremonial functions.
o Council of Leaders to submit a list of names of eminent residents of the Bangsamoro;
Parliament to choose by consensus.
 Bangsamoro Council of Leaders:
o Composition: Chief Minister (Chair), provincial governors, mayors of chartered cities,
and a representative each of the non-Moro indigenous communities, women, settler
communities, and other sectors
o The Council shall advise the Chief Minister on matters of governance in the
Bangsamoro.
Intergovernmental Relations:
 Establish a mechanism at the highest levels, i.e. Central Government – Bangsamoro Government
Intergovernmental Relations Body, for coordination and harmonization; dispute resolution
through regular consultation and continuing negotiation in a non-adversarial manner
 There shall also be a Philippine Congress – Bangsamoro Parliament Forum for cooperation and
coordination of legislative initiatives
 Principles in Intergovernmental Relations
o Asymmetric relationship
 Asymmetric Relationship – The relationship between the Central Government
and the Bangsamoro Government is asymmetric. This relationship is reflective
of the recognition of their Bangsamoro identity and their aspiration for self-
governance consistent with the exercise of the right to self-determination. This
makes it sui generis (“one of a kind”) and distinct from other regions and other
local governments.
 The Bangsamoro is also asymmetrical, that is, it takes a different form from the
existing relationship between the central government and other local
government units.
o Parity of esteem
 Parity of Esteem: The Central Government shall respect the exercise of
competencies or exclusive powers of the Bangsamoro Government.
 The Bangsamoro Government shall respect the exercise of the competencies
and reserved powers of the Central Government.
o Principle of devolution and subsidiarity
 Decisions are to be made at the appropriate level to ensure public
accountability and transparency, and in consideration of good governance and
the general welfare.
 Subsidiarity is an organizing principle of decentralization stating that a matter
ought to be handled by the smallest, lowest, or least centralised authority
capable of addressing that matter effectively
 the idea that a central authority should have a subsidiary function, performing
only those tasks which cannot be performed effectively at a more immediate or
local level.
o Good governance
o Empowerment and representation
Fiscal Autonomy Provisions:
 Block grant
o Formula: 4% of the net internal revenue collection 3 years prior
o To be automatically appropriated for and regularly released by the CG
o Formula shall be reviewed after 10 years
o Deductions starting 4 years from the regular Bangsamoro:
 Tax collections from the 4 additional taxes
 Revenues from the exploitation, development and utilization of natural
resources
 Special development fund
o Purpose: rehabilitation and development purposes
o P7B (2015)
o P10B (released at P2B/year for 5 years starting 2016)
 Devolved Powers Over Taxation
o Taxing powers already devolved to the ARMM by RA 9054 and other legislations
o Additional taxing powers devolved:
 Capital gains tax
 Documentary stamp tax
 Donor’s tax
 Estate tax
o Sharing: 100% to the BG (Bangsamoro Government); 0% to CG (Central Government)
 Taxes Collected by CG in BM
o National taxes, such as: Income, excise, travel tax, VAT (value-added tax), amusement
tax
o Sharing: 75% to the BG; 25% to CG, but share of the CG may be waived for 10 years
 Income from Natural Resources
o If non-metallic minerals: 100% to the BG/ BM LGUs
o Metallic minerals: 75% to the BG; 25% to the CG
o Fossil fuels (petroleum, natural gas, and coal) and uranium: 50% CG, 50% BG/ BM LGUs
 Sharing in Taxes and Natural Resources
o Sharing on Taxes:
 75% BG; 25% CG – for National Taxes Collected in the Bangsamoro.
 100% BG – Taxes Transferred to the Bangsamoro
 100% BG – Taxes already devolved to the ARMM
o Revenues from the exploitation, development and utilization of natural resources
 100% BG - Non-Metallic Minerals
 75% BG; 25% CG – for Metallic Minerals
 50% BG; 50% CG – for Fossil Fuels
o 75% of Central Government taxes, fees and charges collected in the Bangsamoro, other
than tariff and customs duties, shall go to the Bangsamoro, including the shares of the
LGUs. 25% CG
o BBL: Parliament shall enact a law detailing the shares of constituent LGUs.
o RA 9054 (Strengthening the Organic Act of the ARMM)
 Taxes: CG: 30%; ARMM: 70% (Province & City LGUs 35%; RG 35%)
 EDU (exploration, development & utilization): Non-strategic minerals: CG: 30%;
ARMM: 70%; Strategic minerals: CG: 50%; ARMM: 50%
 LGU: CG: 60%; LGU: 40%
 Revenues from Government Owned and Controlled Corporations (GOCCs)
o BG-created GOCCs
o GOCCs operating exclusively in the BM territory
o Al-Amanah Bank and the Southern Philippines Development Authority
o GOCCs with substantial operation in the BM or where BM has substantial interest
 Economy and Patrimony
o Equitable & Sustainable Development
 Development plan shall take into consideration the natural resources that are
available for its use and for the use of future generations.
 Effective use of economic resources and endeavor to attain economic
development that shall facilitate growth and full employment, human
development, and social justice.
 Provide equitable opportunities for the development of constituent local
government units and shall strengthen governance systems to ensure people’s
participation.
o Trade and Industry
 Domestic trade preference for goods produced and materials sourced from
within the Bangsamoro and adopt measures to increase its competitiveness;
access to markets.
 Provide technical and skills training programs, create livelihood and job
opportunities, allocate equitable preferential rights to its inhabitants, and adopt
laws that will safeguard the rights of workers.
o Natural Resources
 Protection, conservation, rehabilitation, and development of forests, coastal,
and marine resources.
 Utilization of natural resources:
 Shall primarily be for the benefit of the inhabitants of the Bangsamoro.
 Preferential rights.
 Ensure that communities in whose territory these resources are found
are given an equitable share from the revenues generated from such
utilization.
 Prohibition against environmentally destructive activities.
 Prohibition against toxic or hazardous substances.
 Legislating benefits, compensation for victims and communities adversely
affected by mining and other activities that harness natural resources.
Bangsamoro Justice System:
 The justice system in the Bangsamoro

shall be composed of the Shari’ah
courts, which shall have supremacy
and application over Muslims only; the
traditional/ tribal justice system, for
the indigenous peoples in the
Bangsamoro; the local courts; and
alternative dispute resolution systems.
Bangsamoro Police:
 Law enforcement and maintenance of peace and order in the Bangsamoro.

 Professional, civilian in character, regional in scope, effective and efficient in law enforcement,
fair and impartial, free from partisan political control, and accountable under the law for its
actions.
 Responsible both to the Central Government and the Bangsamoro Government, and to the
communities it serves.
 Part of the Philippine National Police.
 Under the Bangsamoro Police Board.
o Regional: Headed by a Bangsamoro Police Director; assisted by at least two Deputies
o Provincial: Provincial Director
o City/Municipal: Chief of Police
OPEN FORUM
 Atty. Marlon (ALG): Before the specific provisions concerning the different basic sectors and
groups, we will now open the floor for questions for questions that you might have on the basic
structure of government, composition, geographic territory. Later on, we will continue with the
other provisions pertaining to specific sectoral groups – IPs, women and other vulnerable or
marginalized groups.
 Roxy (Caraga Youth Leaders Network): For the Bangsamoro, will there be a need to establish
consular relations with other states?
 Comm. Raissa (BTC): Foreign affairs is still reserved to the Central Government, so there is no
need. Meaning if that happens, it will be based on the decisions of the Central Government. It is
not a right that is provided to the Bangsamoro in the BBL.
 PSI Villena (PNP HRAO): I am scared
about this, so I am really glad to be
retiring next year. I will no longer be
in active duty as this happens, but I
hope to be part of the solution rather
than part of the problem. Anyway, I
have several questions. One is on the
sharing – wherein 100% taxation
revenue goes to the BG and 0% to the CG. I don’t think that is sharing. Second is on the creation
of the Bangsamoro police. That is incongruent with the Constitution. Why? Because the
Bangsamoro government exercises almost absolute operational and administrative control and
supervision over the Bangsamoro police. There will be no appointment without the
recommendation in the manning provisions of the members of the local PNP. If this will be
implemented, then it is as if there is a Chief of the PNP in the Bangsamoro government. Third, in
the appointment of the members of the PNP police in the Bangsamoro, they will be creating
their own National Police Commission. And by specific provisions, the police director for the
Bangsamoro shall not countermand the Chief of Parliament, unless or for unlawful purpose, and
for this reason, the police shall be subject to the approval of the Commission on Appointments.
This goes against the very provision of our 1987 Constitution – because we are not military, but
members of the PNP. This was challenged earlier, but we explained to Congress that considering
we are civilians and not military, we are not subject to confirmation by Congress. And for this
reason, on the manning, appointment, and removal of the PNP or the Bangsamoro police, this is
actually a monopoly of the members of the parliament. The parliamentary form of government
that we have appears to be a “modified” parliamentary form of government because I
remember from the book by Dr. Pablo Tangco when I took up my Masters of Law from the UST,
and the structure that we have is really quite different. But it is always believed that the best
government is the parliamentary form of government simply because there is always a shadow
government and at any time, it could be dissolved. Another thing is it appears that the
Bangsamoro Commission on Human Rights is even more powerful than the Commission on
Human Rights that we have in the Central Government. Why? Because their Commission on
Human Rights exercises both prosecutorial and investigative powers, while our CHR does not
exercise these powers. To be honest, I have not gone through all the sections and provisions of
the BBL, but the Philippine Constitution is composed of 18 Articles, while the BBL has 16 Articles,
and as I am going over the provisions, please forgive me, but it appears to me that it is written
for a sovereign country. I know that all those noble men and women who participated in the
crafting of this law had sincere and open hearts, and I wish for the success of the Bangsamoro
government entity. Thank you very much.
 Comment: On the sharing on taxation of the ARMM. We should look at the ground level
situation and hopefully in the interpretation of the ground level situation, the law shall reflect
what is best for the communities. In terms of revenue generation, there is a study that out of
the totality of about 17 billion or 19 billion, only 2% of that are actually internally generated, and
most of them are actually sourced outside of ARMM. That means there is so much national
government subsidy to ARMM right now. And therefore, that 2% or the 100% collection is
negligible. So what is our problem with that? In fact, that is a way to strengthen fiscal autonomy
if they can generate enough resources internally. And if you look at that 2%, most of that
actually comes from services, including government expenditure. That means most of the taxes
are coming from government employees whose salaries are being paid by the national
government.
 PSI Villena (PNP HRAO): OK. My next question was on the Bangsamoro police. The PNP law
provides that it is the absolute power of the President and Chief PNP to reassign personnel and
property movements of the PNP.
 Atty. Christian Monsod: That’s not being followed in actual practice, correct? Because now, in
practice, the law says that you give 3-5 nominees, and who chooses? The local government. So
where is the absolute right there?
 PSI Villena (PNP HRAO): I am talking about the specific provision of the law. It may be different
in practice, but I am talking about the basic principle of the law.
 Atty Christian Monsod: That method of selection is also reflected in the IRR of that law. So the
statement that there is an absolute right is not true. If you look at both the law and the IRR, it
allows the local government officials to choose among the candidates.
 PSI Villena (PNP HRAO): The only thing is that the IRR cannot go beyond what the specific law
provides.
 Atty. Christian Monsod: We are talking about specific provisions of the law here. Then how
come nobody brought that up in the Supreme Court?
 PSI Villena (PNP HRAO): Among the members of the PNP, if you question the law, that is the end
of your career. We have to be very specific and careful about it.
 Atty. Christian Monsod: The question that we have is “is the Bangsamoro law valid for us?” Is it
vaid or not and is it contrary to law? It’s not contrary to law because right now, the local
government officials actually choose among the candidates.
 PSI Villena (PNP HRAO): My only concern is the fate of the members of the PNP because the way
I Iook at it, it is my personal view that the manner of selection and manning, the Bangsamoro
government exercises almost an absolute control. And I think it goes against the provisions in
the Constitution. That is just my personal observation.
 Comment: The political reality is that one of the reasons why political warlords have proliferated
their arms is because of their control over the police. Take the example of Ampatuan. And this is
happening all over the place. When you look at the number of private armed groups (PAGs),
ARMM has the most number of PAGs, precisely because some local politicians manage to gain
control over the police force. What the BBL is trying to do is to centralize the police force so that
it can weaken the powers of these political warlords. So you cannot just take it from the legal
perspective. You also have to look at the ground-level situation, and based on that ground-level
situation, come out with a legal framework that can address the problems of warlordism,
political strongman, etc, etc. That should be the proper perspective.
 PSI Villena (PNP HRAO): I participated in the discussions regarding the filing of cases in the
Maguindanao massacre. If we will return to this kind of system, I am afraid that this will be just a
complete repetition of what happened in the past. I hope I am wrong.
 Atty. Christian Monsod: Let me just share with you some of
my experiences when I was the Chair of the COMELEC. When
we were enforcing the gun ban, and we were putting specific
areas of the country under police or military control, I asked
the AFP and PNP, why is it that there are so many unlicensed
firearms in the country? Why is it that it’s only during
elections we go through the motions of sweeping out all of
these firearms? The military and police told me that when a group is out of power, they
complain about it. But if the same group is in power, they don’t want to confiscate it. In other
words, the problem lies in the quality of governance of the leaders. If the leaders tomorrow
were to order the police and military to confiscate all unlicensed firearms, there will be a lot of
objections and problems, but they told me that it’s possible to do it with strong political will by
the political leaders.
 Pax from Marawi: Question addressed to Atty. Monsod. Suppose the parliament form of
government was already created, I will be asking about the checks and balances by the
legislative power of the Central Government. Could it continue to exercise or check every
budget that is allocated in the infrastructures being imposed by the local offices in aid of
legislation? I refer to both the House of Representatives and Senate.
 Atty. Christian Monsod: That’s precisely why there is autonomy. Certain powers must be
allocated or devolved down. If your question is can a committee of Congress investigate the
utilization of funds? That question belongs to the legislative body of the ARMM. They are the
ones who are supposed to ask for accountability because the money is in their power to
distribute. We have to understand the nature of the ARMM is sui generis (of its own class/one of
a kind). During the deliberations of the Constitution, Fr. Bernas was asked if this is federal or
parliamentary. He answered that we should not get lost in the words. Rather, let us see how we
are dividing the powers, and then we can call it whatever we want. In the case of the
Bangsamoro, they call it a ministerial form of government. If they call it federal, it is not accurate
because it is not really federal. But people should be reminded that there are as many
definitions of federal as there are countries using it. That’s the reality. In that case, in the
distribution or sharing of powers, that will specify certain rights and powers of Bangsamoro in
relation to the Central Government. There is a provision in the Constitution that if it is not given
to the local government or to the autonomous region, then it is presumed to stay with the
Central Government.
 Ritz Lee (BALAOD Mindanaw): Question to Raissa.
With regard to the BTA, based on functions that you
mentioned, is one year really enough for it to
perform its functions?
 Comm. Raissa (BTC): It really depends on when the
BBL will be passed and ratified. In fact if I start
counting now, it may even be less than a year. But
based on pronouncements made in the media, it
looks like the BBL will be passed by the first quarter of 2015, but you still need 4 months to
conduct a plebiscite. So that will be around July 2015. So it’s really all up to Congress – they can
move it, but what I presented is the commitment of the MILF in the agreement - that there will
be regular elections in 2016, and before that, there should already be an interim government
put in place. That is what is in the proposed BBL because those are in the terms in the
agreement. But politically, a lot of people are asking if it is indeed possible – because there
should be an election code, administrative code, civil service code, then you have to phase out
the ARMM, and phase in the new Bangsamoro government bureaucracy, and that takes a lot of
time.
 Atty. Christian Monsod: There has also been some exercise of devolution and decentralization
since the ARMM was born. There are already some experiences, and if one has to make a
distinction between administrative decentralization and political decentralization, then there
may be incremental work that needs to be done, which is quite possible to do.
 Cocoi (LRC): Question to Raissa on the Bangsamoro identity and basic rights. In Article 9, what is
meant by “rights already enjoyed shall be respected” – does it include legal rights already
enjoyed and existing?
 Comm. Raissa (BTC): The rights enumerated under Art. 9 are not new. Definitely this is a law
that will be passed by Congress, and within the confines of the Constitution, so certain rights
that are already provided in the Constitution must also be recognized and respected in the
Bangsamoro.
 Karen (Philrights): This is regarding the rehabilitation and development provisions. Looking over
the draft law, it says that the Bangsamoro government will take over the mining policy and
comprehensive framework for sustainable development. But ever since the CAB was signed, we
already have a lot of foreign mining investments and agreements being signed and coming in.
What will happen to those agreements should those agreements be found to be in violation of
the new mining policy? Second question is on FPIC. Considering that we are working within the
framework of transitional justice, where you recognize and try to address historical injustices,
why is it that the FPIC only applies to Ancestral Domains? Why not apply it for all communities
that will be affected? Coming from the framework of conflict where a lot of their grievances are
rooted in landgrabbing. I think it would be more in keeping with transitional justice framework if
FPIC is extended to all communities, especially in the light of all the new agri-business
agreements being signed recently.
 Comm. Raissa (BTC): Getting back to the mining issue, it will be within the power of the
Bangsamoro to design a mining policy. This is an opportunity to learn from our advocates on the
matter of mining parameters – learning from lessons and mistakes of others in the past. But
there is also mention of certain contracts that have already been signed within the Bangsamoro
territory. I cannot find the specific provision right now, but I believe that those licenses, permits
and contracts shall continue until it terminates or unless there is a reason for revocation of said
contract. So we need a basis for rescinding the contract. For FPIC – it is always mentioned in the
context of Ancestral Domains and IPs and native inhabitants. But still we can look at the BBL as
something like an organic act - it can be the basis for parliament to enact more laws in relation
to specific powers granted to the Bangsamoro. Transitional justice is part of the Annex on
Normalization. The Commission is doing work on transitional justice right now. We still have to
wait for the recommendations that will be made by the commission, and which will be
presented to the panel for adoption. So, as of now, we don’t know yet what the specific
programs for transitional justice will be. There is still an ongoing process that will be defined by
the Commission, and a process where we can still incorporate some suggestions.
 Atty. Christian Monsod: Incidentally, I am hoping that the Bangsamoro will enact a land use code
because we still don’t have it in the central government, and maybe they can give us a good
example. On mining, there is a constitutional provision of full control and supervision by the
state. If the new law passed by congress based on EO 79 is followed, EO 79 says that existing
contracts shall be subject to existing laws at the time the permits were granted. To me, that
means that if you have new environmental laws, for example, if you have new “No-Go” zones to
mining, then it can apply to existing mining contracts. I think that we can apply the same
principle in the case of the Bangsamoro.
 Atty. Marlon (ALG): Later, we will go back to the transitional justice component – and Usec
Getty will give us a presentation on the different components, including the commissioning and
economic development of the agreement, in addition to, or parallel to the law itself.
 Atty. Claire (Kaisahan): I have 2 questions. There is mention of “concurrent” powers of the
Central Government and the Bangsamoro Government, and there are also “exclusive” powers.
First, how will you operationalize or exercise concurrent powers? For example, social security
and pensions, quarantine, etc. How will you operationalize that in terms of collection of
pensions, who will do that? If you will apply for a loan, whom will you go to? That is in relation
to the exercise of concurrent powers. Second, on the exclusive powers of the Bangsamoro,
particularly on matters of the environment, agriculture, health and education, trade, etc. What
are its implications on existing national laws? For example, we have CARPER, mining laws, etc.
Will the Bangsamoro adopt the national law? Or will the national laws apply in the Bangsamoro?
Or will the Bangsamoro pass their own versions of the national laws?
 Comm. Raissa (BTC): For concurrent powers, specifically for social security and pensions, it is
already spelled out how that will happen – the concern of the MILF during the negotiations is
that the contributions are being pooled, then it is invested in industries, etc. So there were
concerns whether the investments or industry are “halal” (permitted or lawful). So, one option
is for the Bangsamoro to have its own Social Security System. But that is an option that is open
to them in the future. The reason why it is concurrent is because there are employees who are
already members of the national SSS, and you don’t want them to lose their contributions. So,
there may still be a national SSS in the Bangsamoro, but at the same time, the Bangsamoro may
create its new social security system which will be open only to new employees and members.
That’s where the concurrency lies. In the other areas, the difference is not that clear where the
cooperation and coordination is. The ideal is that for these matters – there are specific interests
by the CG and BG, but they will have to work together through intergovernmental relations
mechanisms. For example, Human Rights and humanitarian protection, etc. We have the CHR,
and then in the basic law, there is also going to be a Bangsamoro Human Rights Commission. So
how do they work together in matters involving human rights and humanitarian protection?
That is something that can be discussed in the IDR. For the exclusive powers, the Bangsamoro
should be given enough powers to define the particularities in the Bangsamoro so that the laws
are more responsive to their specific conditions. Part of their powers is the exercise of legislative
powers.
 Comment: On the rights of IPs, why did you use UNDRIP, and not IPRA? Do you think that IPRA is
inferior over the UNDRIP?
 Comm. Raissa (BTC): The idea is that the Parliament now has the power to enact a law that will
be effective inside the Bangsamoro. It will be the Parliament that will work on that law. If the
law that is passed by parliament imitates certain provisions of the IPRA, then that is OK. That is
not illegal and prohibited. If it is something that Parliament finds wise to adopt, then that can
happen. We don’t think that the IPRA as inferior to UNDRIP. Part of the powers of the
Bangsamoro includes legislative powers. There may be national laws which need to be modified
to suit the local context, or they may be adopted as is. It is not something that is precluded from
happening.
 Comment: Under natural resources development, I do not know how to reconcile Sec. 12, rights
of IPs over natural resources, and Sec. 13. In Sec. 12, the IPs have priority. But in Sec. 13, the
Bangsamoro government exercises control over the natural resources.
 Comm. Raissa (BTC): The policy regarding the exploration, development and utilization of
natural resources will emanate from the Bangsamoro government. There are certain rights
enumerated under Sec. 12, including share in revenues, preferential rights, FPIC, etc.
 Atty. Christian Monsod: The question has been asked, and I already related it to Raissa and the
group, if the national government is willing to share 70% of the revenues in mining to the
Bangsamoro, and retaining only 30%. The question that IPs often ask is can the Bangsamoro be
as generous to the IPs in its area by giving them 70% of the proceeds from the use of natural
resources in their ancestral domain? So there is a parity of self-respect and generosity to be also
given to the IPs, and the answer we received was that this will be considered.
 Atty. Marlon (ALG): OK. We will get back to the IPs later because that will be answered in the
presentation of Usec Getty.
 Lyca (OXFAM): In the block grant and special development fund, OXFAM supported a study to
help come up with a formula for the block grant. But this is one of the more trickier issues, and
there might be some Constitutional issues raised on this as well. I am not sure if you are at
liberty to discuss the amounts and its usage. The amount that we hear from media may appear
big, but is it really big compared to what the ARMM is getting and what it is supposed to fund in
the Bangsamoro, also considering that it has greater powers? The Bangsamoro has greater
powers, based on exclusive and concurrent powers, so will the funds be sufficient enough to
cover all that? What we often hear people say that it is such a big amount, but we heard people
say that it will just be pocketed by the local officials. We also hear a lot of black propaganda. Can
you also include the special development fund? It may initially appear to be big, but considering
the damages that were sustained through the years, it may not be enough.
 Comm. Raissa (BTC): The 4% of the 60%, based on certain figures given to us, by 2016, the year
when the Annual Block Grant will be effective, will be around P26.8 billion. Right now, the
ARMM in 2015 will be receiving P 24.7 billion. The percentage will depend on the collections of
the BIR. The P26 billion, as time passes, hopefully it will also increase.
 Comment: But you have to contemporize that in terms of the needs in the area. If you look at
the statistics in ARMM, the poverty situation is about 55%, compared to the country’s national
average for poverty incidence of about 25%. So poverty incidence is double inside the ARMM. If
you look at the human development indicators, things have really degraded from bad to worse.
In other words, the money should be related to the development requirements of the place. It
should not be taken out of context. It should therefore not be an actual figure. For example,
only about 25% of the households have access to potable water, and only 30% of households
have sanitary toilets, which are the basis for healthy living standards. So, what kind of existence
will those people have? Also, it should not be an actual figure, but is rather based on the needs
of the people and communities.
 Comm. Raissa (BTC): For now, ARMM gets a certain amount from the GAA (General
Appropriations Act). In addition to this amount, the national government also provides some
money to the ARMM if it wants to. For example, the DOH may say that they have P 1 billion if
we can implement one of their projects inside the ARMM. That has been the practice in the
ARMM for the longest time, so there is really no autonomy – not only fiscally, but also in the
design and implementation of programs, which is being dictated by national government. So
our idea was to come up with an amount that would suffice for all the programs and services
that are expected of the Bangsamoro. Another concern is that you are working with a
government that is supposed to have more powers than the ARMM, and will potentially have a
bigger area. So how much will be needed? Will P 25 billion suffice – compared to ARMM? There
is one provision in the basic law saying that for 5 years, the Central Government may still
subsidize certain programs, and that is still part of the negotiations between the Central
Government and the Bangsamoro government - should the P 25 billion not suffice. The
percentage will depend on the collections. The projection is that every year, the collections of
the BIR (Bureau of Internal Revenue) becomes bigger and bigger so that the P 25 billion, by the
year 2017 is projected to become around P 32 to 37 billion.
 Jun (Sentro ng Progresibong Manggagawa): Clarification on the statement “the national
government and the Bangsamoro government shall jointly exercise the powers of exploration
and development of energy.” My first question is on power. We have an energy crisis in
Mindanao. Will the current practice of privatization of generation and transmission of energy be
applied in the Bangsamoro? My second question is on labor. Will the labor code be applied
separately in the Bangsamoro? Because the quasi-judicial powers of the NLRC (National Labor
Relations Commission) might be insufficient to resolve all the labor and management disputes.
 Atty. Marlon (ALG): The last 2 questions for this round is related to sharing and energy. So we
will stop after these questions, and then the labor code issue will be tackled later as we go into
the specific provisions on labor.
 Ritz Lee (BALAOD Mindanaw): My question is also related to power. I heard some comments
that having more than one transition grid is not advantageous to the consumers, and I also
heard some recommendation from national grid to island grid – how it was discussed during the
deliberations for the agreements.
 Melvin (PBPF): When it was being drafted, did
you check the existing natural deposits found
inside ARMM? For example, 100% for non-
metallics, 75% for metallics, and then 50-50
sharing for gas and oil. For 75% metallic, it looks
like the share of ARMM is big. However, there
are only 2 small operating nickel mines in Tawi-
Tawi because the ARMM is not highly
mineralized. What has a big potential is gas and
oil – and that is split 50-50. With regards to that, my personal opinion is that if we were to look
at the right to access the natural resources and benefit sharing, if you cross-check that with the
actual deposits in the area, I don’t think that it is fair. You have 50-50 and 75%. It is nice on
paper, but the reality is that it is not fair.
 Comm. Raissa (BTC): What is written in the basic law is that it’s an exclusive power relating to
energy generation, transmission and distribution if the facility is not connected to the national
transmission grid. But once it is connected to the national grid, it then becomes concurrent
because there has to be cooperation and coordination. And that is just logical because you will
use the facility of the Central Government. But that is an option of the Bangsamoro
Government. if it finds value in having its own transmission grid, then that is within their
powers. But if it finds that it is not viable, then their option is to connect to the national grid. So
we leave it to the wisdom of the Bangsamoro government to find out what is more viable. For
Epira, I think that the fact that you have exclusive powers on energy generation, transmission
and distribution means that you also have powers to lay down policies – including the issue of
privatization.
 Atty Christian Monsod: In the Philippines, we are conscious of areas that are separate from one
another because we are archipelagic. But in many other countries, their transmission lines go
across countries, and they are able to manage a cooperative agreement in order to provide the
least cost to the consumers, which is really an important bottom line in energy. As far as
generation issues are concerned, I guess one of the issue is Lake Lanao – a source of
hydroelectric power. In that case, it’s possible for the Bangsamoro to generate more power than
they need, in which they can sell power to the other provinces. So it’s really more of a matter of
economics, and not a matter of territory.
 Comm. Raissa (BTC): With respect to sharing, in a sense, it is better than compared to ARMM. In
ARMM, they used strategic minerals. And in fact, there is a DOJ opinion that says nickel is a
strategic mineral because there is an ongoing mining operations on nickel in Tawi-Tawi. What is
nice here is that the minerals that will be subject to 50-50 sharing is now defined. So now, they
are debating on what are the strategic minerals because nickel is now classified as a strategic
mineral.
 Atty. Christian Monsod: I think that it’s also important to look at it from the point of view of
what does the foreign contractor get, and that would be up to the Bangsamoro. My only
suggestion is that I think that the owners of the minerals, which is the state, and in this case,
delegated to the Bangsamoro, should get all the economic rent. Economic rent is defined as all
the costs of production that provides a reasonable rate of return to the contractor. The
contractor is never a joint venturer and does not own the minerals. That should be the
approach.
 Comment: On energy, the problem are the island provinces – because they are off grid, and
providing them with energy is very costly. In their case, only the barges will operate. So that’s
another issue that you have to tackle. In terms of minerals, there is no geologic survey that has
been done in ARMM. The last one done was by Petronas for the national gas. I am a little bit
worried because your tax deductions will immediately kick in after 4 years. Before you are able
to exploit mineral resources, it will actually take you more than 10 years. My worry is that we
are already counting our chicks before they are even hatched. Just some food for thought.
 Atty. Marlon (ALG): OK. Let us proceed with the continuation.
SALIENT PROVISIONS OF THE BBL (Continuation) by COMMISSIONER RAISSA JAJURIE (BTC)
Comm. Raissa (BTC): We shall now proceed to the provisions that are specific to the sectors.
Development Policies and Programs:
 Special development programs and laws for women, the youth, the elderly, labor, the
differently-abled, and indigenous cultural communities. This answers the question raised by Jun
that based on certain principles of labor rights provided in the Basic Law, the Parliament is
empowered to enact its own Labor Code.
 Comprehensive Framework for Sustainable Development to include measures for the reduction
of vulnerability of women and marginalized groups to climate change and variability
 Labor Sector:
Labor Rights Prohibited Acts

• Self-organization • Trafficking in persons
• Collective bargaining and negotiations • Engagement of minors in any hazardous or
• Peaceful concerted activities, including the right to deleterious forms of employment
strike
• Participate in decision-making processes affecting
their rights and benefits
• Security of tenure, humane conditions of work, and
a living wage
 Peasants and Fisherfolk:
• Trafficking in persons • Taxes, fees, or charges on agricultural and aquatic
• Engagement of minors in any hazardous or products, except when sold by marginal farmers or
deleterious forms of employment fisherfolk
 Settler Communities:
o Representation in the BTA, Parliament, and Council of Leaders
o Basic Rights:
 Right to freedom and expression of religion and beliefs
 Right to establish cultural and religious associations
 Right to freedom from religious, ethnic and sectarian harassment
o Vested property rights shall be recognized and respected
 Indigenous Peoples:
o General Principles:
 Protection of the rights of the indigenous peoples in the Bangsamoro
 Economic and geographical criteria
 Individual and communal property rights
 Cultural integrity
 Customary beliefs
 Historical and community traditions
 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
o On Basic Rights:
 Indigenous Peoples Rights - Recognition of the rights of the indigenous peoples
 Right to their native titles and/or fusaka inged
 Right to indigenous customs and traditions
 Right to their justice systems
 Right to indigenous political structures
 Right to an equitable share in revenues from utilization of resources in
their ancestral lands
 Right to free and prior informed consent
 Right to political participation in the Bangsamoro Government
 Right to basic services
 Right to freedom of choice as to their identity
 Preservation of Bangsamoro Cultural Heritage - Includes the history, culture,
arts, tradition and the rich cultural heritage of the indigenous peoples of the
Bangsamoro
 Tribal University System - Shall be created within the Bangsamoro to address
the higher educational needs of the indigenous cultural communities in the
region
 Customary Rights and Traditions
 Customs, beliefs and traditions are recognized, protected and
guaranteed
 Adopt measures to ensure mutual respect and protection of the distinct
beliefs, customs and traditions
Freedom from any form of discrimination on account of creed, religion,

ethnic origin, parentage or sex
o On Representation:
 BTA
 Representative in the BTA
 Interim Cabinet: Indigenous Peoples Affairs
 Gender and ethnic balance in the hiring process for the bureaucracy
 Bangsamoro Parliament
 2 reserved seats
 Selection of nominees for reserved seats shall be pursuant to customary
laws and indigenous processes
 Council of Leaders
 Representative in the Council
 Council shall advise the Chief Minister on matters of governance
 Council shall also be organized during transition
 Cabinet
 Parliament shall create an appropriate office or ministry for IPs, which
shall be part of the Bangsamoro Cabinet
o On Governance:
 Creation of LGUs: The Bangsamoro Parliament may likewise create appropriate
local government units in the areas inhabited predominantly by indigenous
peoples
 Development Programs: The office or ministry for the Indigenous Peoples shall
develop and implement the Bangsamoro programs for the indigenous peoples
o On Justice and Security/Justice System in the Bangsamoro
 The justice system in the Bangsamoro shall give primary consideration to
Shari’ah and customary rights and traditions of the indigenous peoples in the
Bangsamoro.
 Traditional/Tribal Justice System
 Justice system that is appropriate for indigenous peoples, as defined by
them.
 Office for Traditional/Tribal Justice System
 Ensure full participation of IPs in the formulation, implementation and
evaluation of policies related to the strengthening of tribal justice
system
 Alternative Dispute Resolution (ADR)
 Indigenous processes as alternative modes of dispute resolution
 Public Order and Security
 Recognition of indigenous structures or systems, which promote peace,
law, and order
 Institutional support for these structures and systems to be provided
o On Natural Resources
 Rights of Indigenous Peoples on Natural Resources
 Share in revenues
 Preferential rights in the EDU of natural resources
 Right to free and prior informed consent in relation to development initiatives
 Share of Indigenous Communities - An equitable share from the revenues
generated from the EDU of natural resources found within the territories
covered by a native title in their favor
 Said shares of IP communities shall not be included in the amount to be
deducted from the block grant.
o On Mining
 Exploration,
Development, and
Utilization of Fossil
Fuels and Uranium
- Preferential rights
to qualified citizens
who are bona fide
inhabitants of the
Bangsamoro
 Subject to free and
prior informed consent of the indigenous peoples in whose territory such
natural resources are found
o On Waters
 Zones of Joint Cooperation in the Sulu Sea and the Moro Gulf
 Protection of the traditional fishing grounds;
 Benefitting from the resources therein;
 Ensuring the exercise of the preferential rights of the Bangsamoro
people and other indigenous peoples in the adjoining provinces
 Women
o Social Justice and Basic Rights
 Right of women to meaningful political participation and protection from all
forms of violence
 Right to equal opportunity and non-discrimination in social and economic
activity and the public service
 Protection against exploitation, abuse or discrimination
 Right of women to engage in lawful employment
 Parliament to enact laws for the protection and promotion of the rights of
women
o Participation and Representation
 BTA – Representation in the BTA
 Bureaucracy: Gender balance as factor in the hiring and placement
process
 Council of Leaders – Representation in the Council of Leaders
 Bangsamoro Cabinet – At least one (1) Cabinet member
 Bangsamoro Parliament – Reserved Seat

Women’s representation also in other decision-making and policy-determining
bodies of the Bangsamoro Government in recognition of the important role of
women in nation-building and regional development
o Gender and Development
 Bangsamoro GAD (Gender and Development) Plan
 Mechanism for consultation with women and local communities for the
allocation and proper utilization of the funds
 5% of the total budget appropriation of each ministry, office, and constituent
LGU
 5-30% of the ODA (Official Development Assistance)
 Children and Youth
o Basic Rights
 The Bangsamoro Government shall uphold, respect, protect and promote the
fundamental rights children
 Children, especially orphans of tender age, shall be protected from exploitation,
abuse or discrimination
 Prohibition against engagement of minors in any hazardous or deleterious forms
of employment
 Bangsamoro policies and programs must take into utmost consideration the
best interest of the child, non-discrimination of children, survival and
development, protection and rights of children, youth and adolescents.
 Adopt measures for the protection of youth in the Bangsamoro and the
promotion of their welfare, and to create the appropriate office and other
mechanisms
o Education/Basic Rights
 Right to free public education in the elementary and high school levels
 A complete and integrated system of quality education, with an educational
framework that is relevant, and responsive to the needs, ideals, and aspirations
of the Bangsamoro
o Physical Education and Sports Development/Basic Rights
 The Bangsamoro educational system shall develop and maintain an integrated
and comprehensive physical education program.
 Develop healthy, disciplined innovative and productive individuals, and promote
good sportsmanship, cooperation and teamwork.
 Encourage and support sports programs, league competitions, indigenous
games, martial arts, and amateur sports including training for regional, national
and international competitions.
That ends my presentation because Transitioning will be presented by Usec. Getty. Thank you.
TRANSITIONING by UNDERSECRETARY CLEOFE “GETTY” SANDOVAL (OPAPP)
Atty. Marlon (ALG): every time there is a discussion about the BBL, it is always cited that the
Bangsamoro is a sui generis entity. But even the law itself is also very special because it’s a deliverable,
in spite of an agreement, and eventually, should be accepted by the parties. This is the reason why there
is an exit document to confirm that those were indeed the agreements. It’s not the same as the other
laws being discussed in Congress that we can modify, have different versions, then try to consolidate.
This is a different law because aside from going through a plebiscite, it will also have to be faithful to the
agreements. Otherwise, there will be no exit documents, and therefore the agreements will not be
considered fulfilled. We always have to remember that this is primarily a deliverable primarily by the
Philippine government. We will now look at the overall context of the Comprehensive Agreement, and
what is the ideal situation – meaning how do we transition into the Bangsamoro entity in an orderly and
organized fashion? Assuming that we will not experience any problems with the plebiscite, or with the
Supreme Court, what is the ideal process of transition? We now call on Usec. Getty Sandoval for the
next presentation.
Usec. Getty (OPAPP): Thank you very much, Marlon. Good afternoon po sa lahat. The following will be
the outline of my presentation:
 Road map
 Normalization
 Transition
 IEC
Road Map:
 The illustration on the

right is the roadmap
developed by both
panels.
 The uppermost panel
represents the political
process. The process of normalization, in a nutshell, is described on the panel below that.
 The political track. So far what we have

managed to accomplish are the top 4
circles with checks on them (up to filing
of the Bill in both Houses). You can see
that a lot (politically) still remains to be
done – from deliberations up to
plebiscite, up to the BTA taking place,
and up to the elections in 2016, and a
new Bangsamoro taking place.
 What is the political objective?

o The main objective at this point is to pass the BBL
 Which is faithful to the CAB
 With excess of political capital
 For BBL implementation:
o The plebiscite without reduction of existing ARMM territory at
the least
o Positive BTA Performance
o Elections with significant MILF elected to the BM assembly
 Normalization
o The process through which communities affected by the decades-long armed conflict in
Mindanao can return to a peaceful life and pursue sustainable livelihoods free from fear
of violence and crime
o Normalization will simultaneously happen alongside the roadmap towards the creation
of the Bangsamoro.
o It aims to ensure human security in the Bangsamoro.
o It has three (3) components:
 Security Aspect
 Socio-economic development
 Transitional justice and reconciliation
 Process involved
o Transitional components of normalization
o Socio-economic programs
o Confidence-building measures
o Decommissioning of MILF forces
o Redeployment of AFP
o Policing
o Disbandment of private armed groups and other armed groups
o Transitional justice and reconcilitation
o The GPH and the MILF will work together to secure peace on the ground during
transition period through different
 Transitional Components of Normalization
o The GPH and the MILF will work together to secure peace on the ground during
transition period through different mechanisms.
o To ensure effective security collaboration, three (3) joint mechanisms shall be
established:
 The Joint Normalization Committee (JNC)
 The Joint Peace and Security Committee (JPSC)
 The Joint Peace and Security Teams (JPSTs)
o Alongside these new mechanisms, the International Monitoring Team (IMT), the GPH
and MILF Coordinating Committees on the Cessation of Hostilities (CCCHs) and Ad Hoc
Joint Action Groups (AHJAGs), including the ceasefire Local Monitoring Teams and the
AHJAG Team Sites, will continue to perform their functions. There will be periodic
review of these mechanisms to be done by the Parties to determine their transition into
other appropriate mechanisms in the normalization process.
o The Joint Normalization Committee (JNC) is tasked to undertake the primary functions
of coordinating the process of normalization.
o The Joint Peace and Security Committee (JPSC) will be under the JNC, with the following
functions:
 Coordinate with the two Parties’ command structures on security arrangements
and relevant to its functions;
 Develop policies and operational guidelines for the effective partnership of the
JPSTs; and
 Coordinate the security arrangements for the activities related to the
implementation of the FAB and its Annexes.
o The Joint Peace and Security Teams (JPSTs) shall be the operating units composed of
contingents of the Armed Forces of the Philippines (AFP), the PNP, and the MILF’s
Bangsamoro Islamic Armed Forces (BIAF). These mechanisms shall work for the
maintenance of peace and order and the stability of the areas mutually identified by the
GPH and the MILF
 The Joint Normalization Committee (JNC) – tasked to undertake the primary functions of
coordinating the process
o Co-Chairs: Dep Dir. Gen. Zenonida Brosas and Muhammad Nasif
o Members: Major General Leo Ferrer (ret.), MGen Ariel Bernanrdo (ret.) Atty. Naguib
Sinarimbo, Said Sheik
 The Joint Peace and Security Committee (JPSC)
o Co-Chairs: PDIR Edgardo Ingking and Hussein Munoz
o Members: Col. Glenn Macasero INF (GSC) Philippine Army, Maj. Carlos Sol, Jr (INF), PA,
Musa Aspalan, Yasser Calandana
 Socio Economic Development
o Both Parties agree to intensify development efforts for the rehabilitation,
reconstruction, and development of the Bangsamoro, and institute programs to address
the needs of BIAF members, internally displaced persons (IDPs), and poverty-stricken
communities.
o The socio-economic programs shall be community-based and must reinforce social
cohesion. These programs should also strengthen and preserve the unity of the
communities.
o The Parties shall also undertake a needs and skills assessment of BIAF members for
decommissioning in order to develop a responsive program that addresses their needs
and that of their communities.
 Confidence building measures
o Transformation of camps
 Task forces will assess the needs, plan appropriate programs, and undertake the
necessary measures to transform previously acknowledged MILF camps into
peaceful and productive communities
 Camp Abubakar as-Siddique in Maguindanao
 Camp Bilal in Lanao del Norte and Lanao del Sur
 Camp Omar ibn al-Khattab in Maguindanao
 Camp Rajamuda in North Cotabato and Maguindanao
 Camp Badre in Maguindanao
 Camp Busrah Somiorang in Lanao del Sur
 Amnesty
 Government shall take immediate steps through amnesty, pardon, and
other available processes towards the resolution of cases of persons
charged with or convicted of crimes and offenses connected to the
armed conflict in Mindanao.
 Decommissioning of MILF forces and weapons
o Decommissioning is a process that includes activities aimed at achieving a smooth
transition for the BIAF members to productive civilian life.
o The MILF shall undertake a graduated program for decommissioning of its weapons and
forces so that they are put beyond use. This process shall be parallel and
commensurate to the implementation of all the agreements of the Parties.
o An Independent Decommissioning Body (IDB) composed of 3 foreign experts including
the chairperson, and 4 local experts jointly nominated by the Parties will be organized. It
will oversee the process of decommissioning of the MILF forces and weapons.
 Independent Decommissioning body (IDB)
o Chair: HE Haydar Berk (Turkey)
o Members: BGen Jan Erik Wilhemsen Ret. (Norway), Major Muhammad Aiman Syazwi
bin Haji, Abdul Rahim (Brunei), LtGen Rey Ardo (Ret), Prof Mario Aguja, Von Al Haq, Isah
Bato
 Redeployment of the AFP
o The government shall redeploy AFP units and troops from and within the Bangsamoro,
consistent with a normal and peaceful life and the progress in the other aspects of
normalization.
o There will be an orderly redeployment of AFP units and troops to avoid a security
vacuum in the Bangsamoro.
o The AFP shall only retain installations necessary for national defense and security.
o There shall be coordination between the Central Government and the Bangsamoro
Government in the movement of the AFP in the Bangsamoro.
 Policing
o The Independent Commission on
Policing (ICP) is tasked to
recommend the appropriate
policing for the Bangsamoro that
will consider the cultural
sensitivities in the area vis-à-vis
constitutional parameters on there
being only one national police.
o On 14 April 2014, the ICP
transmitted to the GPH and MILF
Peace Panels their final report,
containing their recommendations for the police force in the Bangsamoro.
 UXOs and landmines
o Both Parties commit to jointly undertake mines/unexploded ordinance (UXO) detection
and clearance (demining) as well as mine risk education.
 Disbanding of Private Armed Groups (PAGs)
o The GPH, in coordination with the MILF, will conduct a corresponding assessment and
devise a plan for the disbandment of private armed groups.
 Transitional justice and reconciliation
o A Transitional Justice and Reconciliation Commission (TJRC) shall be created to
undertake a study and recommend to the Panels the appropriate mechanisms to
address the legitimate grievances of the Bangsamoro people, correct historical
injustices, and address human rights violations.
o The TJRC shall be headed by a chairperson who is an international expert; The GPH and
MILF shall each nominate a representative to the TJRC.
 The Transitional Justice and Reconciliation Commission (TJRC)
o Chair: Mo Bleeker
o Members: Atty. Cecilia Jimenez, Atty. Ishak Mastura
 The Coordination Team for the Transition to the BTA
o Tasks:
 In order to fulfill its mandate, the Coordination Team shall perform the
following tasks:
 Facilitate the generation and sharing of necessary information related
to the transition to the BTA such as but not limited to the inventory of
personnel, programs, properties, assets and receivables that would be
turned over to the BTA;
 Prepare reports containing such information and data, including
recommendations for the transition;
 Request GPH and ARMM officials and employees, and other resource
persons, for information, data, reports, and advice as may be necessary;
 Propose mechanisms, guidelines and processes necessary to help
facilitate the transfer of functions of the ARMM and other relevant
national agencies to the BTA; and
 Craft and oversee a communication plan that will address concerns of
the stakeholders both within ARMM and other observers of the GPH-
MILF peace process
o Composition:
 The Coordination Team shall be composed of five (5) representatives from the
GPH coming from OPAPP and the Autonomous Regional Government and five
(5) representatives from the MILF
 The Team may constitute working groups as may be necessary
 On IECs
o Resource persons –PAPP, panel, legal team, OPAPP Executives
o Production of materials- Q&A, leaflets, visual aids, comics
o Engagements with stakeholders – National level and in Mindanao: legislators, local
government officials, executive branch, media
o Training – government stakeholders
o Partnership with CSOs
 Challenge to CSOs
o Changed political arena: from generic peace advocacy support to strategic political
support
o Translate mass support to what can be picked up by media/opinion shapers and
especially Congress
o Proactively engage in the legal/technical discourse
o Lobby your Congress rep in a way that will count politically
o Don’t ignore the other tracks in the roadmap
o Pray
Usec. Getty (OPAPP): Yes, let us not forget to pray. The question posed in the title of our activity is that
is the Bangsamoro Basic Law the right path to peace? We certainly hope so. So let us not forget to pray
that this will indeed be the right path to peace and development. Thank you very much and good
afternoon to everyone.
Atty. Marlon (ALG): Before we even reached the BBL, we have to look back to the Constitution, and the
creation of the ARMM that we have now was made possible by an opening created in the 1987
Constitution. We have a Constitution that has specific provisions for the creation of 2 autonomous
regions – one for Mindanao, and another one in the Cordilleras, except that the Cordillera Organic Act
was not approved (because it was approved in only one province during the plebiscite). It was said that
only one province cannot stand as an autonomous region. But for Mindanao, we have the law, and the
law had been amended a number of times. And now we return to that opening created in the
Constitution for the establishment of the Bangsamoro. By 2017, our Constitution will be 30 years old.
Fortunately, we still have some living members of the Constitutional Commission. In fact, we counted
about 18 of the 48 Constitutional Commissioners are still alive. Despite the 3 decades that had passed,
we have not yet seen the reality that was envisioned. So we now call on one of the living members of
the Constitutional Commission to give his recollections and insights about the discussions in the 1986
Constitutional Commission, and also some insights that could hopefully guide us in the discussion of
another attempt to be faithful to the 1987 Constitution. Please give a warm welcome to Atty. Christian
Monsod.
SOME RECOLLECTIONS ON THE DISCUSSIONS IN THE CONSTITUTIONAL COMMISSION by ATTY.

CHRISTIAN MONSOD
Atty. Christian Monsod: Thank you very much, Marlon, and good afternoon. By the way, 4 of the 18 are
already bedridden, so there are only 14 persons left standing. Anyway, I was asked to touch on the
deliberations, as well as the intent of the Constitution with respect to the ARMM.
You know, when this was being deliberated in the Constitutional Commission, the report of the
Committee on Local Government that was submitted for deliberation had the intent to create or arrive
at eventually the regionalization of the Philippines, where there will be autonomous regions all over the
country. It was originally considered, not only for the Cordilleras or for Muslim Mindanao, but for the
entire Philippines. There will be autonomous regions all over the country. So the Constitution opens the
door to that. It was not only about Muslim Mindanao and the Cordilleras, but for the entire country,
because the authors of that committee said they don’t think that the unitary system in the Philippines
has worked, and will never work.
However, in the deliberations of the
Commission, it came out that based on
our consultations (we went into
consultations before we started writing
the Constitution), the intent was not to
fragmentize the whole country into many
autonomous regions, but only 2 areas.
And the reasons for that are unique to
those 2 areas.
So you now have presentations of the reasons for the autonomous regions that say it is because of their
unique socio-cultural, economic and political context. But you will note in that provision in the
Constitution, the word “historical” stands out because it was acknowledged in the deliberations that a
very big part of the reason for the autonomous regions in these 2 areas is their history of oppression and
discrimination.
In fact, it was (former Senator Blas) Ople who said that when we started talking about this, the people
asked, why can’t it apply to the Christians of Central Luzon, or Ilocos Norte, or so on and so forth. He
said they are the ones who are doing the discrimination. The peoples of the Cordilleras always felt, or
were made to feel, inferior – so it was about time to break that. And this ties up with the major concept
at the very heart of our Constitution, which is social justice.
If you are going to allow freedom of movement, freedom of economic choices, etc – you must first
adjust the starting position. Unless you have adjusted the starting position, it will not result in the
maximization of any economic or social objectives because there has been a history of oppression and
neglect. So if you read Article 10, Section 1, it says “The territorial and political subdivisions of the
Republic of the Philippines are the provinces, cities, municipalities, and barangays. There shall be
autonomous regions in Muslim Mindanao and the Cordilleras as hereinafter provided.” Essentially, even
I at that time of the hearing was asking isn’t that just another way of expressing local government
autonomy? But the Constitutional Commission said that no, we must distinguish between the LGUs that
are not autonomous regions, and the 2 that are autonomous regions.
So it has been mentioned a number of times that it is sui generis. It is of a class or kind of its own.
Secondly, because of the fact that it was sui generis, it will necessarily have an asymmetric relationship
with the Central Government and with the LGUs. And because of the asymmetric relationship, the
results will also be asymmetric – which was really intended. So if the autonomous regions get 75% of the
share of the mineral resources, instead of the 1% given to the IPs, that is one of the asymmetric results
that were really intended to happen.
Section 2. The question there is can there be a ministerial form of government, and is that consistent
with our unitary system of government? That was discussed lengthily during the deliberations. If you
read section 2, the minimum requirement is that there should be an executive and legislative assembly
which must be elective. It does not say they should be elected directly by the people, but elective. If
these people are elected by those who are elected as the representatives, such as the Prime Minister,
that is not a violation of the Constitutional provision. As a matter of fact, there is nothing in the
Constitution that requires that the LGUs, whether they are autonomous or not, that they should be
unitary. So there is nothing in the Constitution that will prohibit the ministerial form of government that
we are talking about. Doesn’t the Vice Mayor preside in the Municipal Council? That is a variation of a
parliamentary system.
We gave the Congress broad powers to determine the structure and powers of the autonomous region.
So you don’t need to amend the Constitution – you just need to amend the law. And that is what the
BBL’s intent is. When people ask how do you mix forms of government, like unitary and federal,
parliamentary and presidential. Let’s take the US – they are presidential and federal. The UK – they are
unitary and parliamentary. France – unitary and parliamentary as well, but they have a President.
The question of territory. I read the opinion of Justice Mendoza, former justice of the Supreme Court,
where he talks about territory and defines it using the definition in Black’s Legal Dictionary. You know
that in international law, there is no super body that dictates to nations how to define themselves.
International law is based on a communal system that depends on the acceptance of the different
states.
The US has territories in the South Pacific. And they are called territories because in their case, that is
the next step to independence, and some of them had already become independent. They are now
members of the United Nations even if their population is very, very small. That was the starting point
for Justice Mendoza to say please use the word “territory” because it means that the intent of the
Bangsamoro is to eventually secede and become independent because that was the logical staging of all
of these other things. Actually, the word territory was a US invention, and other countries followed it,
accepted it, and now is that supposed to be an iron-clad law of how to define the word territory? If you
take a look at the language of many constitutions and peace processes all over the world, I am told there
have been over 600 peace pacts all over the world involving over 90 jurisdictions, and for example, the
word “nation” – in Spain, they call the other areas “nations” but that doesn’t mean they are out of
sovereignty or territory. Even the word “sovereignty” – the US uses the word very loosely, and they talk
about the tribal sovereignty of American Indians. They used the word sovereignty loosely - is that an
offense? It doesn’t mean that the US does not have jurisdiction over that area. So we must not allow
ourselves to get tied down by certain meanings that were made by other countries. We can define for
ourselves what we mean by territory. We can define what we mean by Bangsamoro, because that is
really ours to decide. And the legitimacy of our own definition depends on the acceptance of other
countries of the world.
My understanding is that in many of the countries which have been refused recognition by the family of
nations have certain parts of their countries secede and become independent, and there is nothing in
their constitution that allows that. So when a unit of a country secedes and declares independence, it is
my understanding that it is not recognized by the family of nations, because it is not allowed in their
constitution.
If you read the BBL, there is nothing there about preparatory to independence or secession. So if the
Bangsamoro launches acts that are clearly leading to that, we can stop them, and we would have the
support of the family of nations. Under the SC decision, they said there were no consultations. But there
were in fact consultations. They said that there was no transparency. But there was really a lot of
transparency. Mendoza says, which is reflected in the Constitution – that the Bangsamoro territory is to
consider it a part of the Philippines. The definition of the Bangsamoro people on the bill, has the same
function or definition of citizens of a nation or a state in a national constitution. Imagine using the word
“people” on the proposed bill, and they immediately say, “Whoops! They want to be independent.”
Anyway, I think that those can be answered in any petition brought to the Supreme Court, and the
Supreme Court cannot use the MOA and say that we decided this already. To me that would constitute
res judicata (“a matter already judged”).
On the question of the National Police, you can answer that very well. On the question of the judicial
system - we have a question on why in the BBL there is a sentence that states that the decision of the
Sharia court is final and executory. Can you give me the answer to that question? Does that exclude the
Philippine Supreme Court from an appellate jurisdiction or undermines its basic powers under Section 5
of the judiciary?
Comm. Raissa (BTC): We may say that is final and executory, but it can be subject to the power of review
of the Supreme Court as provided for in the Constitution – in much the same way that the NLRC or
COMELEC would say that their decision is final and executory, but still that decision could be subject to
the power of review of the Supreme Court.
Atty. Christian Monsod: Yes, that’s the answer. The power of judicial review does not preclude the
Constitution in certain instances to take jurisdiction over the place. OK. So we talk about the division of
power, ministerial form, territory, sovereignty, national police, etc.
I just have one more point to make. The approval and support for this law is a political process. So what
we are saying is that this is a political process which has had a long, long history of negotiations, talks, of
stoppages and continuations, and because of that, the President should be faced for the initiative and
for staying the course. However, getting this through, and considering that the definition of sovereignty
is not state sovereignty or national sovereignty, but the definition is: the people. Sovereignty rests in the
people, in the power of the people.
We are suggesting that let us not look at this as a project of the President, who deserves to be praised
for staying the course and initiating this. Rather, let us look at this as the embodiment of the people’s
will. I remember when we were writing the Constitution, we think we are instruments of the people’s
will. And that is why we went into consultations. We should look at this document as the embodiment
of the people’s will. And that is expressed in the plebiscite and in the acceptance of the general
population of our country. So let our sovereign will reign. Thank you.
OPEN FORUM
Atty. Marlon (ALG): We request our panelists, Commissioner Raissa Jajurie, Usec. Getty Sandoval and
Atty. Christian Monsod, to be ready to answer questions or to accept comments from the floor.
Questions?
Georgette: One thing disturbs me. In the inside front cover of the pamphlet, you have the drawing of 5
figures, However, the drawings all represent males. Anyway, my question is this life imitating art?
Because in the formal processes, the women were there in the negotiations. However, in the drawing,
the women were not represented. And this worries me because we have seen in the discussions that the
Parliament plays a pivotal role. If the elections go the usual route, then the women might be excluded
from the processes once again. You know we have passed in Congress several landmark gender bills –
anti-rape law, anti-sexual harassment law, VAWC (Violence Against Women and Children) law, women
and development, etc. And you know how difficult it is to pass these bills. What I am saying is that we
may express our stance for gender balance, however, the real battlefield lies in the elections. I take this
as a warning that it’s only just begun in terms of women pushing the gender mainstreaming agenda. You
can see here in our pamphlet that women are invisible. Or we can take this as a challenge.
Usec. Getty (OPAPP): OK. I take responsibility for

this since this is a product of OPAPP, and I will tell
the PAPP (Presidential Adviser on the Peace
Process) also. I think she will also react to this.
We want you to know that this is certainly not
intentional, and we will correct this in future
reproductions and productions of IEC materials.
Thank you for pointing that out.
Jake (Vera Files): Question to Commissioner

Jajurie. I covered 2 things you mentioned:
trafficking and PWDs. Can you discuss more why
the BTC thought it was necessary to mention these issues?
Comm. Raissa (BTC): Particularly for trafficking, if you are boarding a plane from Manila to Cotabato City,
or from Cotabato City going to other destinations, you cannot ride a plane without you seeing a young
girl going abroad or coming from abroad where she works. This is a grave concern for the Bangsamoro
and should be a concern even now, even as we are still preparing for the Bangsamoro. This should
already be highlighted in the BBL. It has something to do with the fact that their areas are poverty
stricken, as well as conflict-affected. There are so many people that are being internally-displaced, and
the only option that they have is to work abroad. If you remember Sarah Balabagan, many share a
similar story with her. So it is very important that there are laws that will protect the vulnerable sectors,
including the sector of PWDs, from the issue of trafficking and other issues. The concept is social justice
and ensuring that the vulnerable sectors are protected.
Atty. Marlon (ALG): I am sure that there are several young people here who are probably not familiar
with the Sarah Balabagan case. She was a 16-year old OFW (overseas Filipino worker) who had a case,
was convicted and jailed in Saudi Arabia. That happened during the time of President Fidel Ramos.
Comment: Just for public awareness, is there a summary of issues in the deliberations of Congress on
the points raised against the BBL? Perhaps the top 10 or top 20 points raised. You are saying that we
have to support this and lobby our Congresspersons, so it would be helpful for us to know what are the
provisions that have a lot of objections. Hopefully, this can be disseminated.
Usec. Getty (OPAPP): Yes, we are doing the summary, and we can share this as soon as we are finished
tabulating it and creating a summation of the summary. From the raw, verbatim transcripts of the
consultations, we summarize it, then in our tabulation, we add a column on pertinent laws, then we add
a column for remarks which could provide you with the answers or reply to the objections. We have
received so many remarks.
But so far, the top objections would be on the constitutionality or legal basis of the BBL, then there are
also a lot of objections on the meaning of asymmetry, on the meaning of territory, on the matter of
“opting in” and “opting-out” – particularly, why is there a provision on opting-in, but no provisions on
opting-out? Why a special status for the Bangsamoro? Why not give special status to other areas as
well? On making the Bangsamoro a state, a Representative even wanted to add a statement that they
will not secede inside the BBL, on the form of government – at the end of the day, is the power of the
President diminished by having a Chief Minister? On the matter of the Police – we have a lot of
comments on the operationalization, on the matter of contiguity of the territory – does it pertain only to
land? On the matter of power, on the matter of revenue sharing, on the matter of transition, on the
matter of normalization, on the matter of IPs, and why IPRA is not mentioned in the BBL. We receive a
lot of comments, and we compile them. Of course, there is the question of if we pass this, will it bring
peace in Mindanao? This jibes with the question posed in the forum: Is this the right path to peace? Of
course, we also receive some parochial comments. Iligan City, for example, expressed that they have 10
barangays that are mostly Moro – what if these barangays filed a petition to be part of the ARMM, what
will happen to the status of Iligan City, which is now classified as a highly urbanized city? There are also
some parochial concerns.
Actually, many of the questions are operational in nature. Some you can answer, but some questions
are highly hypothetical and it would depend on the Bangsamoro Parliament, what laws they will enact.
But the main question is will it pass the Constitutionality test. Because even if Congress is able to pass
this law, already waiting on the wings are groups that will file a petition for certiorari, especially when
you have the likes of Justice Mendoza being picked up by the media. Justice Acuna actually answered
point for point, but the media did not pick him up. Perhaps it was more sensational to pick up all the
issues of Justice Mendoza, but not all the answers of Justice Acuna.
Hopefully, by sometime this week, we will be able to finish it. Yes, we will make these documents
available, just give us some time to finish it.
Comment: Just to share. The Institute of Autonomy and Governance (IAG) and the Philippine Center for
Islam and Democracy (PCID) - we have been doing summaries. They are posted in both our websites. So,
all the hearings, we have a matrix that summarizes the issues and remarks. You can go to www.iag.org
or just google PCID and IAG.
Ritz Lee (BALAOD Mindanaw): I agree with Getty that public information is very crucial. As of now, there
are a lot of groups that are maximizing the public consultations. I attended one in Cagayan de Oro City
last Saturday. I am just a little worried because when the people were raising some questions or
concerns, the 14 Congresspersons present were all looking at the OPAPP person to answer. Even our
Congresspersons do not appear to know the answers. What if there are no OPAPP representatives? I
hope that what happened in CDO is an isolated case, but most of the questions were referred to the
OPAPP or the BTC to be answered. That was what happened in CDO. You may want to check the
documentation of the public consultation in CDO.
Usec. Getty (OPAPP): Right now, we very have a huge demand for public information drives, awareness
building and public consultations. Who manages the resource persons attending these consultations?
We have the Secretary, the 2 members of the panel, the 3 legal of OPAPP, the 3 legal of the panel
(including 1 consultant), and now the executives are helping out. I am part of that, especially if the panel
runs out of people. From the executive, we have 3 Undersecretaries, and 3 Assistant Secretaries. We fill
in if more resource persons are needed.
However, we also have some discussions with some members of the House to have a study session on
the BBL. I agree with Ritz Lee that only a few members of the House are well-versed with the BBL, and
not all of them are in favor of it.
Public consultations are basically

handled by the ad hoc committee.
The ad hoc committee in the
House is composed of 4
committees combined, and is
chaired by Cong. Rufus
(Rodriguez). For us, we want to
make sure that the resource
persons are actually for the BBL.
We have also identified that talking to the members of the House and Senate is important because they
are also a very important advocacy group. Also, if there are other groups outside of OPAPP, like the BTC
and MILF, that are willing to help with the public consultations. We want to make sure that we make a
note of the important points raised so we can feed it to the Panel members and other resource persons.
Atty. Marlon (ALG): OK. In terms of status, by December, the Congressional hearings will have been
finished. How about the consultations?
Usec. Getty (OPAPP): For the House of Representatives, we have already conducted around 60
consultations. For the Senate, we have only managed to conduct around 5 consultations. Starting
January, we will resume with the Congressional consultations.
Comm. Raissa (BTC): We will announce the public hearings:
 December 5 – Baguio and Laoag

 December 11 – Davao
 December 12 – Kabacan (Cotabato) and Midsayap
 December 13 – Butuan
 December 15 – Iloilo and Cebu
 December 16 – House of Representatives
Atty. Marlon (ALG): You have a very tight schedule. And by January, when Congress resumes, they will
only hold office for a few weeks, after which they will have another break. They will resume by April,
after which they will have their long break before the last regular session. We want the BBL to pass
before the end of the second regular session, which will be ending by April of next year. That is how
short the available time frame is. Otherwise, the people will wait for July or opening of the third regular
session. But we all know that by October of next year, that is the start of the filing of candidacy for the
upcoming elections. In fact, as early as now, our legislators are going around and preparing for the
elections. But despite the short period, we hope that we will be able to have this passed.
Karen (Philrights): My question is about the normalization process. Internationally, in the DDR process
(disarmament, demobilization and reintegration), people are starting to recognize the need for political
reintegration as a key component. You mentioned that the MILF leaders will most likely be part of the
BTA, and part of the political objectives is to have as many of the MILF leaders elected into the
Bangsamoro Assembly. My question is do you have any mechanisms that are being prepared to help
transition the MILF from a non-state armed group into a viable political party that will know the ins and
outs of the political process?
Usec. Getty (OPAPP): That is part

of the work of the Joint
Normalization Committee (JNC).
All the plans that refer to the
identified components of
normalization should be planned
out by the JNC. That’s really part
of their function. But as we said,
time and again, the objective
really is to have peaceful
communities in the Bangsamoro areas, and to make sure that this is a sustained and lasting peace. That
will be an important guidepost for the JNC.
Comm. Raissa (BTC): I would like to add that on the part of the MILF, there have already been some
preparations underway. They know that if they want to lead the Bangsamoro government, they will
have to form a party, and they will have to run, and they will have to win. Of course, they will have to
register. They know that, and they have formulated initial plans to coordinate themselves into political
parties. As you know, these are rebel groups who may not know much about the intricacies of
government administration, so they are taking trainings and steps in preparing for the future. Of course,
they will focus mostly on political leadership, but that also means that those who already have the skills
and experience should be there as well, because we want a stable bureaucracy. In a parliamentary form
of government, you can dissolve the parliament, but we want to have a stable and professional
bureaucracy.
CLOSING
Atty. Christian Monsod: Will the BBL honor the entire Bill of Rights? And the answer that came out in the
deliberations of the Constitutional Commission was yes. The Bill of Rights is a sacred document and is a
very important part of governance. I would like to see the proponents push this as a grand vision. What
is a grand vision? What is the price we are willing to pay in order to achieve this grand vision of peace
and unity in our country? What are we willing to pay? Some people pay with their lives, like Gandhi, or
Martin Luther King. But Martin Luther King said, I have a dream. He did not say I have a strategic plan.
He said I have a dream – that our children will not be judged by the color of their skin, but by the
content of their character. That is a grand vision. What is the price we are willing to pay to have lasting
peace in Mindanao?
Atty. Marlon (ALG): OK. Any more final words or comments?
Atty. Christian Monsod: Let’s not worry too much about the Supreme Court. I think the Supreme Court
can be overcome by what the people feel about this. And for those who oppose this, they want us to get
stuck on minor things like definitions, and raising all kinds of questions. But if you brush aside the
inconsequential, there are actually very few issues left – sovereignty, territory, bill of rights, and so on.
That’s about it. That’s how it should be argued in the Supreme Court.
Atty. Marlon (ALG): OK, and so with that, we thank our panel members, Commissioner Raissa Jajurie,
Usec. Getty Sandoval, Atty. Christian Monsod, and on behalf of the Alternative Law Groups and OXFAM,
we thank you all for being with us in this policy forum. It has certainly been a very productive and
insightful discussion session. Thank you and good evening!
 END 

Dissecting The Bangsamoro Basic Law

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Dissecting The Bangsamoro Basic Law

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Activity: DISSECTING THE BANGSAMORO BASIC LAW: IS THE LAW THE RIGHT PATH TO PEACE?

Date: December 2, 2014

Venue: Hotel La Breza, 155 Mother Ignacia Street, Quezon City

After the Opening Prayer and National Anthem, the forum

The Comprehensive Agreement on the Bangsamoro (CAB):

Highlights of the BBL:

 Outline of the BBL:

Bangsamoro Core Territory:

Bangsamoro Waters and Zones of Joint Cooperation:

Political and Electoral System:

 There will be a Bangsamoro Parliament and a Bangsamoro Cabinet

Fiscal Autonomy Provisions:

Bangsamoro Justice System:

 The justice system in the Bangsamoro

 Law enforcement and maintenance of peace and order in the Bangsamoro.

SALIENT PROVISIONS OF THE BBL (Continuation) by COMMISSIONER RAISSA JAJURIE (BTC)

Development Policies and Programs:

Labor Rights Prohibited Acts

TRANSITIONING by UNDERSECRETARY CLEOFE “GETTY” SANDOVAL (OPAPP)

 The illustration on the

 The political track. So far what we have

 What is the political objective?

SOME RECOLLECTIONS ON THE DISCUSSIONS IN THE CONSTITUTIONAL COMMISSION by ATTY.

Usec. Getty (OPAPP): OK. I take responsibility for

Jake (Vera Files): Question to Commissioner

Public consultations are basically

Comm. Raissa (BTC): We will announce the public hearings:

 December 5 – Baguio and Laoag

Usec. Getty (OPAPP): That is part

Atty. Marlon (ALG): OK. Any more final words or comments?

 END 

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