BBL IN SENATE - Public Hearing in Zamboanga, May 14, 2015

Republic of the Philippines
CONGRESS OF THE PHILIPPINES

SENATE
Pasay City
COMMITTEE ON LOCAL GOVERNMENT

JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES
DATE
Thursday, May 14, 2015
TIME
10:00 a.m.
VENUE
Royce Convention Hall, Grand Astoria Hotel,

Zamboanga City
AGENDA
Senate Bill No. 2408 An Act Providing for the Basic

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

COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND
CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES
Page 2
GUESTS/RESOURCE PERSONS:
Hon. Antonio F. Lagdameo Jr.
Hon. Celso L. Lobregat
Hon. Lilia M. Nuo
Hon. Jum Akbar

Hon. Maria Isabelle Climaco
Hon. Cesar Iturralde
Hon. Roderick Furigay
BGen. Carlito Galvez
Hon. Jose Lorena
Atty. Al Julkipli
Mr. Abdulla Camlian
Ms. Raissa Jajurie

Mr. Talib Benito
Mr. Pedrito Eisma
Atty. Gian Paulo Enriquez
Atty. Emilio Aquino

Mr. Loderson Mahir Gustaham Mr. David Alonzo
Mr. Rico Pelandoc
Mr.
Mr.
Mr.
Mr.
Shariff Mohsin Julabbi

Pocholo Soliven
Abdul Baqui Sandag
Ismael Musa
Mr. Zaldy Daranda
Mr. Leonardo Pioquinto
Representative, 2nd District,

Davao Del Norte
Representative, 1st District,
Zamboanga City
Representative, 2nd District,
Zamboanga City
Governor, Province of Basilan
City Mayor, Zamboanga City
Vice Mayor, Zamboanga City
Vice Mayor, Lamitan Basilan
Deputy Commander for Peace Process
Western Mindanao Command
Armed Forces of the Philippines (AFP)
Undersecretary, Bangsamoro Peace
and Development, Office of the
Presidential Adviser on the Peace
Process (OPAPP)
OPAPP
Commissioner, Bangsamoro Transition
Commission (BTC)
- do
- do
- do President, Integrated Bar of the
Philippines (IBP), ZamBaSulTa
Chapter
IBP, ZamBaSulTa Chapter
Chairman, Peace Security and Security
Ulama Council, Zamboanga Peninsula
Archdiocese of Zamboanga
Iranon Sultanates League of the
Philippines
MILF Bangsamoro Mujahideen Alliance
Regional Development Council
Indigenous People Council of Leaders
Member, Sangguniang Panlungsod,
Zamboanga City
Bangsamoro Network for Solidarity
and Accountability, Zamboanga City
Isabela City

Page 3
Mr. Mohammad Nur Ajihil
Mr. Edgar B. Lim
Mr. Edwin To
Mr. Tungkoh Hanapi
Mr. Hussayin Arpa
Mr. Ahmad Sampang

Mr. Macksu Magang
Member, Interfaith Council of Leaders

of the Silsilah Dialogue Movement
Plant Manager, Permex Producer and
Exporter Corp., Zamboanga City
Zamboanga Chamber of Commerce
and Industry Foundation, Inc.
Barangay Chairman, Kasanyangan,
Zamboanga City
President, Sama and Badjao
Association, Zamboanga Peninsula
Community Leader, Kampung Islam
Southern Immediate Action for
Prosperity and Harmony Network
(SIAPAHAN)
SENATORS STAFF:
Atty. Jose Cadiz Jr.
Atty. Luzviminda Lavarias
Atty. Tomas Bago Jr.
Mr. Rolando Balvida
Mr. Al Tikah
Mr. Andro S. Guilao
Mr. Fernando A. Antib
Mr. Juan Baris
Mr. Orlando U. Balbado
Ms. Marivic Ching
Ms. Leana F. Carmona
Ms. Emerald Rida
Mr. Reynato S. Custodio
Mr. Ronel Pelovello
Mr. I.R. Gimenez
Mr. Julius Palamos
Ms. Arifah Macacua Jamil
Mr. Arturo Castro
Atty. Chichi Famadon
Atty. Mary Bianca Calalang
Atty. Jason Rayos Co
Mr. John Carlos
Mr. Jonel Bernal
Ms. Omar Loma
Atty. Ryan Estevez
Atty. Elbert Sanz-Cruz
O/S Marcos
O/S Marcos
O/S Marcos
O/S Marcos
O/S Marcos
O/S Marcos
O/S Marcos
O/S Marcos
O/S Marcos
O/S Marcos
O/S Marcos
O/S Marcos
O/S Marcos
O/S Marcos
O/S Marcos
O/S Marcos
O/S Marcos
O/S Marcos
O/S A. Cayetano
O/S A. Cayetano
O/S A. Cayetano
O/S A. Cayetano
O/S A. Cayetano
O/S A. Cayetano
O/S Pimentel
O/S Pimentel

Page 4
SENATE SECRETARIAT:
Ms. Assumption Ingrid B. Reyes
Ms. Jocelyn A. Dela Cruz
Ms. Carolina F. Driz
Ms. Susana Grace L. Robles
Ms. Maribel P. Mendoza
Ms. Mylene R. Palino
Mr. Daniel D. Diamzon
Mr. Jimmy Gaviola
Ms. Avigail G. Andaya
Ms. Ana Marie F. Deplomo
Mr. Fred Dayawon
Mr. Ronnie Vidallon
Legislative Committee Secretary

Legislative Committee Stenographer
- do
- do
- do
Legislative Committee Clerk
- do
- do - do
- do OSAA
OSAA
(For complete list, please see attached Attendance Sheet.)

AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
JADela Cruz
I-1
May 14, 2015
10:19 a.m.
1
AT 10:19 A.M., HON. FERDINAND R. MARCOS

JR., CHAIRMAN OF THE COMMITTEE ON
LOCAL
GOVERNMENT, CALLED THE HEARING TO ORDER.
THE CHAIRMAN (SEN. MARCOS). Good morning, ladies and
gentlemen.
We can begin, we have a very long list of speakers who are
going to present today. So I think we need to start and so I am calling
to order of the hearing of the Committee on Local Government joint
with the Committee on Peace, Unification and Reconciliation, the
Committee on Constitutional Amendments the hearing for 14 May
2015. Our agenda for today is Senate Bill No. 2408 entitled, An Act
Providing for the Basic Law for the Bangsamoro and Abolishing the
Autonomous Region in Muslim Mindanao, Repealing for the Purpose
Republic Act No. 9054, Entitled An Act to Strengthen and Expand the
Organic Act for the Autonomous Region in Muslim Mindanao, and
Republic Act No. 6734, Entitled An Act Providing for an Organic Act for
the Autonomous Region in Muslim Mindanao, and for Other Purposes.
And so, I would just like to explain to all those present what is
the procedure that we usually follow. The procedure that we usually
follow is we have several groups that have submitted position papers
and the first part of this hearing will be devoted to allowing all those
position papers to be explained. We will try to ask just few questions
5

CODES
JADela Cruz
I-1
May 14, 2015
10:19 a.m.
2
as possible. We are doing this to give an opportunity to everyone who

has a position to express it to the Committee. And just for the
information of everyone, we have 23 position papers that have been
registered so far. So we have a long list to get through.
So without further ado, I would like to acknowledge the presence
of
your
congressman,
Congressman
Celso
Lobregat;
and
also
Congressman Anton Lagdameo of Davao; I would like to acknowledge

for the record the presence of Atty. Al Julkipli who represents OPAPP;
the
members
Commissioner
of
the
Abdulla
Bangsamoro
Camlian,
Transmission
Commissioner
Commission:
Talib
Benito,
Commissioner Pedrito Eisma, Commissioner Raissa Jajurie. Also

attending
the
hearing
today,
Brigadier
General
Carlito
Galvez,
WestMinCom Deputy Commander for Peace Process, AFP; we have

from the Integrated Bar of the Philippines ZamBaSulTa, Atty. Gian
Enriquez and Emilio Aquino; the Chair of the Peace Security and
Security Ulama Council Zamboanga Peninsula, Sheikh Loderson Mahir
Gustaham; some of the other leaders who we will be hearing from
today and we are waiting still for some others to arrive. But in any
case, before they do, we would like to start with the hearing. But I
would just like to make a few comments before we begin.

CODES
JADela Cruz
I-1
May 14, 2015
10:19 a.m.
3
This is the continuation of the hearings of the Senate Committee

on Local Government on the draft Bangsamoro Basic Law. It was
delayed because of what happened in Mamasapano and we had to
investigate and find out and establish precisely the details of what
happened there as it is directly relevant to the language and different
principles embodied in the BBL. So now, we are continuing. Yesterday,
we were in Jolo and today we are here in Zamboanga City and I had
insisted that we have these hearings that I had promised to the people
of Jolo and Zamboanga because as far as I am concerned, there is no
substitute to talking to the locals to find out exactly what they are
thinking. What we get in Manila is a filtered version and it is much,
much more important that we get it from those who are actually
stakeholders and who have a very profound interest in the outcome of
these hearings.
So with that on the record, I would like to start calling on those
that have registered to present position papers. The first position
paper we will hear from Director Juanito Demetrio who is from the
Commission on Higher Education.
Is the CHED representative here? Before we continue, I would
just like to acknowledge the arrival of the representative of the second
district of Zamboanga City, Representative Lilia Nuo.

CODES
JADela Cruz
I-1
May 14, 2015
10:19 a.m.
4
So, Director Demetrio, are you in the hall? If not, then we will
move on. Next, I would like to call on Habib Mujabad Hashim who is a
member of the MILF Islamic Command Council, if you would be good
enough to present your position.
Is he here? Very well. Well move on dahil marami ito. So well
have to just be a little bit ruthless about this. Next on the list is the
Integrated Bar of the Philippines ZamBaSulTa Chapter, and I have it
down here that Atty. Aquino will make the presentation. So if you
would please find the microphone. Oh yes, you have the microphone.
Please.
I think it will be Atty. Enriquez who will present. Okay.
MR. ENRIQUEZ.
Good morning, Senator, good morning,
Congressman Celso Lobregat, good morning, Congresswoman Lilia

Nuo,
good
morning,
Representative
Congressman
Antonio
Lagdameo.
I am Atty. Gian Paulo Enriquez, the President of the Integrated
Bar of the Philippines ZamBaSulTa Chapterthats Zamboanga City,
Basilan, Sulu and Tawi-Tawi. Here with me is my immediate past
President, Atty. Emil Aquino, who happens to be the chair of the
Committee on the Bangsamoro Basic Law.

CODES
JADela Cruz
I-1
May 14, 2015
10:19 a.m.
5
To start with, this Chapter has already submitted its position

paper pertaining to the Bangsamoro Basic Law. So we start with, in
Canon I of the Code of Professional Responsibility, it is mandated that
the lawyer shall uphold the Constitution, obey the laws of the land,
and promote respect for law and legal processes. With this, as a
premise, the IBP Zamboanga, Basilan, Sulu and Tawi-Tawi Chapter,
poses the following views in respect to the proposed Bangsamoro Basic
Law vis--vis our Philippine Constitution.
No. 1, the bill does not conform with clear legal processes to be
observed, particularly under Section 18, Article X of the 1987
Philippine Constitution in the creation of the Autonomous Region in
Muslim Mindanao which provides as follows and I quote, The Congress
shall enact an organic act for each autonomous region with the
assistance and participation of the regional consultative commission,
composed of representatives appointed by the President from a list of
nominees from multi-sectoral bodies. The organic Act shall define the
basic structure of government for the region consisting of executive
department, legislative assembly, both of which shall be elective and
representative of the constituent political units. The organic Act shall
likewise provide for special courts with personal, family, properly, law
jurisdiction consistent with the provisions of the Constitution and

CODES
JADela Cruz
I-1
May 14, 2015
10:19 a.m.
6
national laws. The creation of the autonomous region shall be effective

when approved by a majority votes cast of the constituent units in a
plebiscite called for the purpose. Provided, that the only provinces,
cities and geographical areas voting favorably in such plebiscite shall
be included in the autonomous region. So pursuant thereto, Republic
Act 6649 was enacted creating/jadc
10

CODES
CFDriz
II-1
May 14, 2015
10:29 a.m.
1
MR.
ENRIQUEZ.
was
enacted
creating
the
Regional
Consultative Commission for Muslim Mindanao.

THE CHAIRMAN (SEN. MARCOS). Atty. Enriquez.
MR. ENRIQUEZ. Yes, Your Honor.
THE CHAIRMAN (SEN. MARCOS). Im sorry to interrupt but
your position paper is a very dense 10 pages.
MR. ENRIQUEZ. In summary, Your Honor, Ill just summarize.
THE CHAIRMAN (SEN. MARCOS).
No, not summarize but
give us the high points. I was going through it, you have some very
important points to make. Maybe we can discuss those so that those
who are watching can decide for themselves as to the propriety of
some of these proposals.
MR. ENRIQUEZ. Thank you very much, Your Honor.
So basically, under Republic Act 6649, it was enacted for the
creation
of
the
Regional
Consultative
Commission
for
Muslim
Mindanao. So, therefore, one of the duties and responsibilities and

functions of this commission is to conduct a public consultation,
hearing on all levels where the views of various sectors including both
government and non-government shall be taken or recorded. So for
purposes of the BBL, Executive Order 120 was issued December 2012
creating the Bangsamoro Transition Commission.
Now, this is in
11

CODES
CFDriz
II-1
May 14, 2015
10:29 a.m.
2
accord with the peace agreement which was signed between the Moro
Islamic Liberation Front and the government of the Philippines. So it
is mandated, therefore, that the body can propose amendment to the
Philippine Constitution.
So in case of conflict, it is our humble view that the provisions of
the Philippine Constitution shall prevail over agreements or executive
orders.
Likewise, let me just highlight, Your Honor, the comment
expressed by retired Justice Vicente Mendoza as regards the form of

the Bangsamoro government.
Now, there shall define the structure
of government for the region consisting of different departments of

legislative
assemblies,
both
for
which
shall
be
elective
and
representative of the constituent political units. The BBL provides for a

parliamentary form of government.
parliamentary form of
Okay, so it provides for a
government and nowhere in our Philippine
Constitution nor where we taught in law school that we have

parliamentary procedure or parliamentary form of government in our
political and constitutional laws.
Likewise, it is provided that the BBL provides for a parliamentary
form where there is fusion of executive
and legislative powers
contrary to the provisions of our Philippine Constitution.
12

CODES
CFDriz
II-1
May 14, 2015
10:29 a.m.
3
Now, lets go further. Also the bill describes what is asymmetric.

Okay. Now, this will be discussed by my chairman here particularly
on what does asymmetric means and
he will give us an update of
that.
Here is Atty. Emil Aquino, with the permission of the Chair.
Atty. Aquino, please
proceed.
MR. AQUINO.
Yes, Mr. Chair, thank you.
Well, we presented this position paper early on.
Actually, this
was part of our position which we presented before the ad hoc

committee of the House of Representatives over six months ago. Now,
we would like to call the attention of the Honorable Senate, particularly
on Article 6, Section 1 of Senate Bill No. 2408. Now, we say that the
bill
does
not
clearly
delineate
what
asymmetric
means
in
characterizing the relationship between the central government and

the Bangsamoro government.
Now, the biggest argument--Let me
just point out that the biggest argument which struck down the
Bangsamoro juridical entity as envisioned under the MOA-AD was the
adoption of the associative relationship concept that was descriptive of
the
internal
inter-governmental
relation
between
the
central
government and the Bangsamoro government. It required a thorough

13

CODES
CFDriz
II-1
May 14, 2015
10:29 a.m.
4
and in-depth discussion
on its implication in the context of
international law which led the Supreme Courts conclusion that the
BJE is a state in all but name. So, if I may just point out in the case of
the Province of North Cotabato versus GRP, the MOA-AD cannot be
reconciled with the present Constitution and laws not only its specific
provisions but the
very concept underlying them
namely,
the
associative relationship envisioned under the GRP and the BJE are
unconstitutional.
Now, this time, the BBL makes use of the term asymmetric--so
from associative to asymmetric--to describe the same relationship
between the central government and the Bangsamoro government
without much discussion on it except to state that it is reflective of the
recognition of their Bangsamoro identity and their aspiration for selfgovernance.
Thus, I will quote Section 1, Article 6, Asymmetric
relationship. The relationship between the central government and the

Bangsamoro government shall be asymmetric.
question, what does asymmetric mean?
position six months ago.
Now, it begs the
As I said, this was our
We had to make a thorough research on
what that term asymmetric means and it took a while before we

were able to catch what that term means.
And apparently,
asymmetric is used extensively, if not exclusively, in the realm of

14

CODES
CFDriz
II-1
May 14, 2015
10:29 a.m.
5
federalism.
Thus, the definition as presented in the book of Michael
Burgess Federalism: Theory and Practice.

federalism
based
on
an
equal
Asymmetric federalism is
powers
and
relationships
in
administrative, political and fiscal agreements spheres between the

units which constitute a federation. Further, it stated that asymmetric
federalism is found in a federation in which different constituent states
possess different powers. One or more of the states has considerably
more independence than the other sub-states though they have the
same constitutional status. The division of powers between sub-states
is not symmetric. This is opposite to
symmetric federation where no
distinction is made between constituent states. Generally, asymmetric

federalism is preferred as a solution when one or two constituent units
of states feel significantly different needs from the others as a result of
an ethnic, linguistic or cultural difference.
Thus, asymmetrical
relationship in its technical sense presupposes the existence of states.

We reiterate, therefore,
our position that asymmetry or
asymmetric must be clearly defined or given an operational meaning

as not to be construed as the creation of a state because, otherwise,
this would entail the amendment of our Constitution.
Let me just proceed to the other point.
We actually have five
points raised in our position paper, Mr. Chairman.

15

CODES
CFDriz
II-1
May 14, 2015
10:29 a.m.
6
THE CHAIRMAN (SEN. MARCOS). Very well. I think that was

the second one?
MR. AQUINO. Yes.
Okay, the third one.
MR. ENRIQUEZ. Thank you very much, Mr. Chair.
So the third would be regarding territory. It is provided in the
BBL that, first,
No. 1,
the core territory shall be composed of as follows:
the
present geographical area of the Autonomous
Region in Muslim Mindanao.

Second, the municipalities of Baloi, Munai, Nunungan and others
in the province of
Lanao del Norte and all the barangays of the
municipalities of Cabakan, Carmen, Aleosan, Pigkawayan and others.

The cities of Cotabato and Isabela and all contiguous area where
there is a resolution of local government unit or a petition of at least
10 percent of the qualified voters asking that they be included in the
Bangsamoro entity.
Now, our opinion on this is that:
clarification.
special
First, the definition requires
It requires clarification since the Bangsamoro
definition
as
referring
to:
No.
1,
natives
or
has its
original
inhabitants of Mindanao and the Sulu Archipelago and its adjacent

islands including Palawan and their descendants whether of mixed or
16

CODES
CFDriz
II-1
May 14, 2015
10:29 a.m.
7
full blood who shall have the right to identify themselves as

Bangsamoro by ascription or by self-ascription.
Their spouses and
their descendants are classified as Bangsamoro.

Now, second, we go to the definition of contiguous.
The
definition, as appearing in Section 3 of Article 3 of the BBL should

clearly point out only to land. It must clearly refer to land. And the
Supreme Court had the occasion to rule on this on what is contiguous.
/cfd
17

CODES
Sglrobles
III-1
May 14, 2015
10:39 a.m.
1
MR. ENRIQUEZ.
on what is contiguous. Okay?
In the case of Tan versus Comelec, that is GR No. 73155, July

11, 1986.
Okay.
And I quote, this is very important, Contiguous
means in physical contact touching along all or most of one side, mere
next or adjacent.
MR. ENRIQUEZ.
Yes.
So, therefore, the definition of contiguous as
contained in the proposed BBL should only refer to land and never
waternever body of water. So we should emphasize that the word
contiguous as described in the BBL should only refer to land and
never water. Okay.
Now, there is also a provision which provides for the 10 percent
so that a barangay or a municipality maybe included.
The problem
here, there is a way in to the Bangsamoro entity or Bangsamoro

government but it does not provide for a proviso for going out. Okay.
It does not provide for that. It only provides for inclusion but never
inclusion. So this must definitely be clarified.
The right to join the Bangsamoro government should conversely
give rise to the right to be excluded therefrom in simple terms.
Now, further, in the said proposed provision, Section 10, Article
X of our Constitution provides that no province, city, municipality or
18

CODES
Sglrobles
III-1
May 14, 2015
10:39 a.m.
2
barangay may be created, divided, merged, abolished or its boundary

substantially altered except in accordance with the criteria established
by Local Government Code and subject to the approval by a majority
of votes cast in a plebiscite or in political units directly affected. Okay.
So that was clearly defined by our Honorable Supreme Court in the
case of Tan versus Comelec.
Now, fourth point, as the bill, the proposed BBL grants undue
powers over natural resources to the Bangsamoro government, now, it
runs contrary to the provisions or to the doctrine or the so-called
Regalian Doctrine.
mean?
In simple terms, what does Regalian Doctrine
It simply means that all lands of public domains, waters,
minerals and all other natural resources shall belong to the state.
Now, in the proposed Bangsamoro Basic Law there is a provision
providing for the creation of the zones of joint cooperation in the Sulu
Sea and the Moro Gulf.
Now, the powers conferred for the Bangsamoro over inland
waters do not stand foursquare with the provisions of our Constitution.
So in simple terms, it is really contrary to what is provided for in our
So my distinguished partner will continue, with the permission of
the Chair.
19

CODES
Sglrobles
III-1
May 14, 2015
10:39 a.m.
3
MR. AQUINO.
Mr. Chair, the last and final point of our position
paper, please. Okay. Thank you.

The bill extends to the Bangsamoro government with extensive
powers unlike the provisions of the 1987 Constitution. This we take in
reference to Article V on Powers of Government of the proposed BBL.
Now, the 1987 Constitution specifically enumerated the areas
where the autonomous government may legislate as follows. Actually,
under Section 20 there is an enumerated list of legislative powers from
one to nine, starting off with administrative organization, creation of
resources, of revenues, etcetera and the final item there would be such
other matters as maybe authorized by law for the promotion of the
general welfare of the people of the region.
By process of elimination, the 1987 Constitution reserves all the
rest of the powers to the national government. So this is very
important because under Section 17, Article X of the 1987 Constitution
it states that all powers, functions and responsibilities not granted by
this Constitution or by law to the autonomous region shall be vested in
the national government. But we noted under the proposed bill, it is
the central government which was given reserve powers so this is a
case of reversed reserve of power. So, in short, the general rule, all
powers not otherwise delegated to the Bangsamoro government will
20

CODES
Sglrobles
III-1
May 14, 2015
10:39 a.m.
4
pertain to the national government.
But under the bill, there is an
enumeration of just nine items or powers given to the central

government which implies that these are only the powers that maybe
left off with the central government and in effect delimits or clips the
powers of the central government or national government. Thus, we
propose for a deletion of this particular section on reserve powers
because in effect, it somehow confines and limits and contradicts what
otherwise is provided under Section 17 which provides, all the rest of
the powers shall pertain to the national government and only those
which are specifically provided in the Constitution and otherwise
delegated by way of law is given to the Bangsamoro government.
That, Mr. Chair, is our final input.
Thank you, gentleman, for
the explanation of your position on the BBL.
They are essentially
constitutional infirmities which you have pointed out.
These points
have been discussed before but it is, of course, still very important as
you represent the views of your organization specifically in this locality.
So, thank you for that. We will move on.
First of all, before I continue, I would like to acknowledge also
for the record, the arrival of the mayor of the City of Zamboanga,
Mayor Beng Climaco. [Applause]
21

CODES
Sglrobles
III-1
May 14, 2015
10:39 a.m.
5
So moving down the list of those who will provide position

papers, here today representing Archbishop Romulo dela Cruz is
Monsignor David Alonzo who is the president of the Immaculate
Conception Archdiocesan High Schools.
Monsignor, are you ready to give your presentation, please?
MR. ALONZO.
Thank you, Honorable Senator and our
representatives and the mayor. We greet you, good morning.

The archbishop could not come and he sent me officially to
represent the archdiocese.
Yes, we have presented to the Honorable Senators our position
paper for the Senate to consider. In fact, I have the document that
the senators had received them last January 26, 2012.
All senators
signed that they received this.

I will not discuss everything. Its too long. I will just mention
some few substantial points.
MR. ALONZO.
Yes, Monsignor.
First, we started our position paper by saying
that the Archdiocese of Zamboanga has been promoting interfaith

dialogue within Zamboanga City in the hope of achieving lasting peace
in Mindanao. We are also with the government of the Republic of the
Philippines in its quest for national unity and peace recognizing its
22

CODES
Sglrobles
III-1
May 14, 2015
10:39 a.m.
6
importance of building a strong, stable and prosperous nation.

And, therefore, as an advocate of peace, the Archdiocese of
Zamboanga is not interposing any objection in the creation of
Bangsamoro on condition that these provisions of Bangsamoro should
be in conformity with the fundamental law of the land or the
Constitution.
We pointed out some points, four points to be examined by the
Senate, among others.
One of them is the House Bill 4994 of the
proposed basic law about abolishing the Autonomous Region of Muslim

Mindanao. We wish the senators, the honorable senators, to look into
this because we feel that this ARMM is constitutional and without it, the
legislators can abolish a constitutional provision regarding ARMM that
might be violative.../sglr
23

CODES
MPMendoza
IV-1
May 14, 2015
10:49 a.m.
1
MR. ALONZO. that might be violative of the so-called equal

protection of lawsorry, sorryto reexamine the abolition of the
ARMM to be replaced by BBL and see that it conforms with the
Constitution.
The second point we have pointed out here in our position paper
is about the Preamble, to reexamine the contents of the Preamble, that
it will not be violative of the equal protection of laws.
The third point that we have pointed out in our position paper is
the Article II of Section 3 of the House Bill 4994, provides that the
Bangsamoro parliament shall adopt the official flag, emblem and
anthem of the Bangsamoro.
We wish the Honorable Senators will look into this. And in our
position paper we said that to allow the Bangsamoro to adopt their
own flag, emblem and a separate anthem is not sanctioned by the law
should they retain themselves as a political entity of the Republic of
the Philippines.
The fourth point pointed out in our position paper, House Bill
4994 allows expansion of the territory. This is about the 10 percent
that iswe want the Honorable Senators to look into this because in
our assessment, according to our position, this might violate some
constitutional provisions.
24

CODES
MPMendoza
IV-1
May 14, 2015
10:49 a.m.
2
Then the fifth point that we have pointed out in our position
paper is on the provision of the wali as the wali is the head of the
Bangsamoro. That is the Arabic title that he will be caretaker and we
assess it to be something that has to be looked into also that might be
also unconstitutional.
Then the other pointI think that was the last. Many others but
I will just mention all those.
In conclusion, we reiterate that the archdiocese of Zamboanga
continually advocates peace and the coexistence of Christians along
with other religious groups in the country, including our Muslim
brothers and sisters. Thus, we are in support of all the measures
proposed by the government as long as they are within the framework
and structure of our Constitution.
Thank you very much for the time.
Thank you, Monsignor
Alonzo, for bringing our attention to those points. Certainly, those are
some of the contentious points that have been identified especially the
mechanism for the opt-in, whether its a mechanism to opt in and
there is no mechanism to opt out.
Even time limits have been
discussed. The other points that you have made are on constitutional
questions and those, of course, will have to be examined thoroughly to
25

CODES
MPMendoza
IV-1
May 14, 2015
10:49 a.m.
3
make sure that we remedy what are identified as constitutional

infirmities in the BBL.
The reading of many of our most respective constitutionalists is
the very first point that you made, that is the process of abolishing
ARMM and subsequently creating the Bangsamoro may be questioned.
And that is why we are putting it under very close study.
So thank you for that, Monsignor.
Next on our list is Sultan Rico Pelandoc of the Iranun Sultanates
League of the Philippines. He has a quick presentation to make to the
Committee.
Sultan Pelandoc, if you would like to take the floor, please.
MR. PELANDOC. Thank you, Mr. Chair.
First, my courtesies to the Honorable Senator, Senator Ferdinand
Bongbong Marcos Jr., Honorable Congressman Antonio Lagdameo,
Honorable Congressman Celso Lobregat, Honorable Congresswoman
Lilia Nuo, Honorable Madam City Mayor, Maria Isabelle Beng
Climaco, commissioners of BTC present, local chief executive of
different LGUs, invited guests, civil society organizations, ladies and
gentlemen, good morning.
Mr. Chairanyway, this is a one-page position paperby your
indulgence, please. I rise in behalf of the Iranun Sultanate League of
26

CODES
MPMendoza
IV-1
May 14, 2015
10:49 a.m.
4
the Philippines and with the permission of the Chairman and to give
justice to the long ten hours of travel from Buldon, Barira, Matanog,
Parang North Cotabato, may I introduce our group of delegation, Mr.
Chair, at the back there, the yellow sultans there.
THE
CHAIRMAN
(SEN.
MARCOS).
Yes.
Please
rise.
Welcome. Your presence is made of record. Thank you.

MR. PELANDOC. We are led by retired general Sultan Colonel
Pangaibay(?), Mr. Chair.
As a background, Mr. Chair, last year when we have signedor
the government
and the MILF signed the comprehensive agreement
on the Bangsomoro, majority of the people of Mindanao were very

happy, jubilant and euphoric after the signing with the hope and
expectation that enduring peace and prospective development is in the
sight and very near. And that is why, Mr. Chair, we are here despite
the distance in order to declare our support for the Bagsamoro Basic
Law. [Applause]
And the BBL that we support, Mr. Chair, is that law that could
realize the dreams and aspiration of the people of Mindanao and that is
the original BBL submitted by the BTC or at least the substance of the
submitted BBL or enhanced BBL and not a watered-down BBL, Mr.
Chair. [Applause]
27

CODES
MPMendoza
IV-1
May 14, 2015
10:49 a.m.
5
And finally, Mr. Chair, just an addition to wrap up my position

paper, Mr. Chair, last year we have submitted a petition to your good
office and also the offices of congressmen and senators, our petition
for the inclusion of Iranun Royal Houses in the BBL, Mr. Chair.
May I invite your attention, Mr. Chair, on Page 49 of the draft,
line 21 and 22, that is on Page 49 about culture particularly Article IX,
Section 19.
In summary, Mr. Chair, the Iranun Royal Houses was not
included in that provision. And that is why it is our humble request to
the Congress to include the Royal Houses of Iranun, Mr. Chair.
THE CHAIRMAN (SEN. MARCOS). In what capacity would that
inclusion be?
What position or what function do you think is
appropriate for the Iranun inclusion in the BBL?

MR. PELANDOC.
Thank you, Mr. Chair.
If I may read the
resolution of the league, Mr. Chair, as just a background? History of

the Sultanate in the Philippines traces back to the great Sharif
Kabungsuan who married Angintabo, a daughter of an Iranun chieftain
Macaapun of Malabang.
Whereas, Mr. Chair, it cannot be denied that the comprehensive
agreement on the Bangsamoro is a product of the long struggle of the
Bangsamoro people for self-determination.
During those trying and

28

CODES
MPMendoza
IV-1
May 14, 2015
10:49 a.m.
6
difficult times, the Iranun areas and communities are among the most
adversely affected by ARMM fighting, not to mention/mpm
29

CODES
JADela Cruz
I-2
May 14, 2015
10:59 a.m.
1
MR. PELANDOC. not to mention that ever since Iranon areas:

Buldon, Barira, Matanog, Parang has been the seat of Camp Abubakar,
thus the inclusion of the Iranon in the BBL is just fitting and proper. If
I may read the amendment, Mr. Chair, we request that Section 19 be
read as follows: To preserve the history, culture, arts traditions and
the rich cultural heritage of the sultanates, such as the sultanates of
Sulu, Maguindanao and Buayan and the royal houses of the Maranaos,
Iranons and the indigenous peoples of the Bangsamoro.
That is our request, Mr. Chair. Thank you.
THE CHAIRMAN (SEN. MARCOS). Thank you very much for
the position paper of the Iranon Sultanates League of the Philippines.
For the information, there has been the observation that in the
process of the negotiations and then the ultimate signing of the
comprehensive agreement and the drafting of the BBL, at no point
were any of the sultanates consulted. And to try to remedy that
situation, late as it is, we are conducting a hearing in the Senate on
May 25 which specific purpose is to invite all the sultanates to send
representatives to give their opinion on the BBL. So I hope that you
will participate in that discussion.
Thank you, Sultan Rico Pelandoc.
30

CODES
JADela Cruz
I-2
May 14, 2015
10:59 a.m.
2
Next on our list is Professor Shariff Mohsin Julabbi who is from

the MILF Bangsamoro Mujahideen Alliance. Is Professor Julabbi
prepared to give his position?
Professor, you have the floor.
MR. JULABBI. Bismillah Hir Rahman Nir Raheem.
I have submitted already my position papers. Its very long. I do
not have copy with me, just for you to digest the position paper. I
have here with me a very short statement.
Professor, if you would
speak into the mike para iyong mga mag-transcribe tama ang kanilang
marinig.
MR. JULABBI. Okay. Problem of the BBL. I just, you know-Former Chief Justice Artemio Panganiban noted that the MILF ignored
the peace process, peace pact signed by the MILF and the Philippine
government
in
1996.
Former
Chief
Justices
Vicente
Mendoza,
Florentino Feliciano, former Solicitor General Estelito Mendoza, Senator

Miriam Santiago, experts in constitutional law, BBL has numerous
provisions which violate the Constitution. Bangsamoro Law could
cause more conflict in Mindanao, that is according to them. From the
Stands by Domini M. Torrevillas, viewing Malaysia opinion, the
Philippine Star, Saturday, June 5, 2004, as to which countries hosting
31

CODES
JADela Cruz
I-2
May 14, 2015
10:59 a.m.
3
of the
GRP-MILF peace negotiations. Tan Sri Noordin Sopiee, Chair
and CEO of the Institute of Strategic Studies, Malaysia and one of his
countrys
leading
political
scientists
and
economist
said,
This
government did not want to do it on the ground that the Muslim

problem in Mindanao must be solved by the government of the
Philippines. But PGMA requested Malaysias mediating role. He does
not think that reaching an accord will solve the problem in Mindanao.
For sure, the talks are useful and that the demands of both parties are
being brought out in the open. But the solution goes deeper. The root
causes of the discontent must be addressed: poverty, poor education,
lack of infrastructure. Unless these are resolved, Dr. Sopiee does not
see light at the end of the tunnel for Muslims in Mindanao. He points to
the lack of representation of all the Moro tribes in peace talks. Right
now, the composition of the panel consists of rebel leaders from
Maguindanao and none from the Tausug and Maranao tribes. An accord
rests only with the MILF from Maguindanao will only result to
resentment and possibly armed resistance from the MILF Bangsamoro
people armies. He was referring to the MILF-BMA. We have two MILF:
the MILF of Central Mindanao, MILF Maguindanon-Iranon Liberation
Front. I was the vice chairman that time with Ustadz Salamat Hashim.
We have been together in Egypt for 12 years and we were the ones
32

CODES
JADela Cruz
I-2
May 14, 2015
10:59 a.m.
4
who found it, the secession, way back in 1962. I am one of the 12
boys seeds of the secession, ahead from the MNLF. The MNLF before
PARKAY
(Parhimpunan
Kabangsahan
Anak
Islamo).
That
was
established in 1968 where our brothers trained in foreign land or

somewhere in Malaysia. Then 1974, it was established, the MILF. We
were ahead from the MNLF. The Magic 8 of Sulu namely Maas Bawang,
Bagis Habib, Congressman Tupay Loong and the rest are our own
people. They are the great warriors and now the MILF, not only the
MILF of Central Mindanao, that is only belong to Maguindanao--the
MILF Maguindanao-Iranon Liberation Front whereas ours is pure Moro
Islamic Liberation Front. When the MILF the Maguindanao province,
that was the time of Salamat Hashim, I was the vice chairman. Then
they expelled me from the MILF too. So I promised to myself not to go
back to the negotiating table. Because of that, people from Manila,
even the President, former chief, National Defense General Reyes and
former Rear Admiral Romulo Espaldon rushed up to call me. They
invited me and I have been with them in Manila. I said, I dont like to
go to the negotiating table because our brothers from Maguindanao or
Maranao were expelled already from that. So I do not like to be with
you anymore. And that he said, You are liable to be punished by the
33

CODES
JADela Cruz
I-2
May 14, 2015
10:59 a.m.
5
government because the Tripoli Agreement or the agreement between

the MILF and is binding on you.
Yes, Professor, it is good
for us to hear/jadc
34

AND
CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
CFDriz
II-2
May 14, 2015
11:09 a.m.
1
THE CHAIRMAN (SEN. MARCOS). it is good for us to hear

the explanation on the history as it has a very big relevance to what
we are talking about today and the different factions within the MILF
has been developed. We also take the point that the Committee has
come to the same conclusion that development is a necessary part of
the peace process and that is a responsibility of government that has
perhaps been neglected in the years past.
However, Professor, could we hear your position now on the
BBL.
MR. JULABBI.
We are against the BBL? Were not part of the
BBL because thats only exclusively for the Maguindanao tribes,

Maguindanao-Ioranon Islamic Liberation Front. I have been together
with
Sally Balaomol alias JaafarGadzhali Jaafar and Datu Kan
Abbas--alias
Mohaguer Iqbal.
We have been together with them.
We are the framers of the Tripoli Agreement in 1976.

THE CHAIRMAN (SEN. MARCOS). Thank you.
The point about the non-consultation with the different groups,
be they tribal, be they formal organizations has been brought up
before.
In fact, that point was very well made yesterday when we
were in Jolo, that since they are Tausugs, that they have never been
consulted in the entire process.
That is why, again, we are doing a

35

AND
CODES
CFDriz
II-2
May 14, 2015
11:09 a.m.
2
hearing for the sultanates. We are also doing a further hearing for the
IPs and then the local government units.
So thank you, Professor, for stating your position and I am
happy to see that many of the conclusions that we have come to in the
Committee have been reflected in the position that you have given us.
MR. JULABBI. Thank you, Your Honor.
I would like to, at this
point, acknowledge the arrival to the Committee of Governor Jum

Akbar of the province of Basilan.
Governor, welcome.
Now, the City of Zamboanga, in the person of their good mayor
will now make the presentation on the position of the City of
Zamboanga.
Mayor Beng Climaco, please.
MS. CLIMACO.
Honorable Chair, with the permission of the
Committee, may I respectfully request that Ill be reading my

statement together with our vice mayor and the city councilors.
Sir, with your permission.
So,
ciudad
buenos dias a todos.

de
Zamboanga,
our
Assalamu alaikum y bienvenidos a

Honorable
Chairperson
Marcos,
Congressman Lagdameo, Governor Jum Akbar, Congressman Lobregat

36

AND
CODES
CFDriz
II-2
May 14, 2015
11:09 a.m.
3
and Congressman Nuo and the distinguished member of the

Committee, as well as the people of Zamboanga.
Pas de Dios y abrazo dela Birhen del Pilar.
On November 14, 2014, the Congressional Committee conducted
a public hearing on the proposed Bangsamoro Basic Law in the City of
Zamboanga. In that forum, we issued a statement on this matter also
the Sangguniang Panlunsod that is here with me, of the City of
Zamboanga submitted a position paper to House Bill No. 4994. I am
submitting the statement and the position paper of the City Council
which incorporate the stand of the city on the issue.
The position of Zamboanga City has been consistent and
unequivocal.
The City of Zamboanga has always been for peace, a
just, meaningful and lasting peace in Mindanao. We support the peace

initiatives of His Excellency President Benigno Simeon C. Aquino III,
whose
intention is to end decades-long hostilities in Mindanao. We
call for a comprehensive peace pact that addresses all grievances on

the issues. It is likewise to be inclusive and not isolative of all groups
of people and stakeholders to act forward in
espousing meaningful,
lasting peace and prosperity in Mindanao and abhor armed conflicts.

We have to continue to engage in dialogues with the MNLF and other
armed groups as well as to address
grievances that bring about

37

AND
CODES
CFDriz
II-2
May 14, 2015
11:09 a.m.
4
secession and armed conflicts in Mindanao. Otherwise, the objective

of attaining a genuine and lasting peace in Mindanao shall remain a
dream.
We, the people of the City of Zamboanga consistently rejected
the inclusion of the city in the Autonomous Region of Muslim
Mindanao. In 1989 plebiscite 90,152 voted against the inclusion in the
ARMM compared to 5,299 who voted in favor. In 2001 plebiscite an
overwhelming 112,735 voted against compared to 5, 849 who voted in
favor.
In 2008, the City of Zamboanga was also in the forefront
against the entry of the Bangsamoro Juridical Entity which would have
been created by the Memorandum Agreement on Ancestral Domain or
the
MOA-AD
that
was
declared
unconstitutional and contrary to law.

wavered on that issue at hand.
by
the
Supreme
Court
as
Zamboangueos have never
We are quite troubled that some
provisions contained in the draft BBL, as it may not pass judicial

scrutiny.
As such, we expect Congress to pass a Bangsamoro Basic
Law which is consistent and harmonious and not contrary to the 1987
A law that truly addresses grievances
but
bring about secession and armed conflict in Southern Philippines and

not merely for appeasement, a law that treats every Mindanaoan on
38

AND
CODES
CFDriz
II-2
May 14, 2015
11:09 a.m.
5
even keel.
A law that respects the sovereignty and the territorial
integrity of the Republic of the Philippines.

Based on the foregoing, let me be categorical on the basic
position of Zamboanga City.
No. 1, the City of Zamboanga should never form part nor be
included in the Bangsamoro now or ever.
No. 2, neither of its 98 component barangays nor any part,
zone, sitio thereof,
should ever be included in the Bangsamoro now
or ever.
No. 3, the municipal waters of the city as defined under the
Philippine Fisheries Code of 1998, RA 8550 and delineated in the
fisheries ordinance of the City of Zamboanga shall continue to remain
as a municipal waters of the city without alteration on its territorial
boundaries
for
the
management,
conservation,
development,
protection, utilization and disposition of all fish and fishery aquatic

resources of its local fisher folk.
Allow me to add that I acknowledge the expertise of Chairperson
Senator Bong Marcos, when we and Congressman Lagdameo were in
Congress that really helped us in the boundaries of our fisheries as
well as our aquatic resources.
39

AND
CODES
CFDriz
II-2
May 14, 2015
11:09 a.m.
6
We hope that as champion, we will also see the views of our

fishing industry.
The commercial
fishing industry must have free
access to deep-sea fishing governed only by existing laws and

regulations of the national government and not by the Bangsamoro.
No. 5, equally very important to us is the issue on the
ARMM properties situated in non-ARMM
areas.
Pursuant to the
mandate of Section 1, Article 18, Republic Act 9054 on
the
expanded ARMM Law, land and permanent buildings, structures

owned,
controlled, administered or in possession of the ARMM
located in the provinces and cities which
do not vote favorably for
the inclusion of their respective areas in the
ARMM shall be
purchased by the national government. /cfd
40

CODES
Sglrobles
III-2
May 14, 2015
11:19 a.m.
1
MS.
CLIMACO.
shall
be
purchased
by
the
national
government. In turn, the national government from its acquisition of

said land and permanent buildings or structures sell, transfer and
convey the said properties in favor of the local government unit having
territorial jurisdiction thereover and willing to purchase the said land
and buildings or structures or portions thereof.
It is our firm stand
that this provision of the expanded ARMM Law is mandatory and has to
be complied with prior to the enactment of the BBL.
For the information of the honorable members of this honorable
Committee, several parcels of land apparently registered in the name
of the Republic of the Philippines Autonomous Region in Muslim
Mindanao are situated in Barangay Cabatangan, Zamboanga City.
However,
please
be
advised
also
that
the
Lupong
Tagapagpaganap ng Pook building in Cabatangan, a building claimed

by the ARMM is situated inside a lot owned by and registered in the
name of Zamboanga City.
The City government of Zamboanga has already manifested its
interest to acquire these parcels of land. Situated within these parcels
of land are buildings and structures of national government including
the DepEd, COA regional office, Civil Service, Population Commission
Training, National Telecommunications office, the Philippine Army
41

CODES
Sglrobles
III-2
May 14, 2015
11:19 a.m.
2
engineering brigade, the Philippine Marines, the Philippine Navy

Barracks, among others, and these parcels of land can be transformed
into governmental center to cater to the office needs of local and
national government agencies and the headquarters of military
installations situated therein.
Also, some parcels of land are occupied by informal settlers. In
conjunction with the NHA, the City of Zamboanga can transform some
parcels thereof as onsite relocation areas in line with the Honorable
Presidents thrust to provide decent housing to those who have less in
life.
Thus, it is imperative that the city take ownership and full
possession of these parcels of land.

It is very important that before the passage of the BBL, these
parcels of land be ceded and transferred to the national government as
mandated under the expanded ARMM Law.
In turn, the City of
Zamboanga is very willing and able to purchase the same from the
national government.
It should likewise be noted that there are several real properties
in the city in the name of the Southern Philippines Development
Authority or the SPDA, such as those located in the barangays of
Baliwasan, Mampang, Rio Hondo, Mariki, Recodo, Pasobolong, Vitali, to
name a few. It appears that based on the proposed BBL, this property
42

CODES
Sglrobles
III-2
May 14, 2015
11:19 a.m.
3
shall also form part of the Bangsamoro.

To preserve and ensure the integrity, contiguity and to prohibit
the
dismemberment
of
the
citys
territorial
boundary,
we
are
respectfully seeking that these properties also be ceded and turned

over to the City of Zamboanga.
Our beloved city has always been
known and recognized as an ethnically heterogenous but united

community of Christians, Muslims and Lumads.
Despite of its ethnic
diversity, we are truly blessed and inspired by its cultural harmony.

We are one Zamboanga City composed of undivided 98 component
barangays truly blessed by marine resources to the vast municipal
waters it enjoys.
Allow me to ask our vice mayor to also speak on behalf of the
people. [Applause]
Thank you, Mayor Climaco.
Yes, Vice Mayor, please proceed.

MR. ITURRALDE.
Your Honors, the Chairman, members of the
committee, the people of Zamboanga, muy buenos dias.

Allow
us to
reiterate
some
points we raised during the
November 14, 2014 congressional public consultation held in the City

of Zamboanga.
No. 1.
Under Article X of the 1987 Philippine Constitution, the

43

CODES
Sglrobles
III-2
May 14, 2015
11:19 a.m.
4
Autonomous Region in Muslim Mindanao or whatever nomenclature is

given to this autonomous area in the future is considered as a local
government.
This is very clear in the title of Article X of the
fundamental law, Local Government.
This appears to be the legal
basis for the creation of the Bangsamoro.

As a matter of fact, this proposed juridical entity is deemed to
replace the existing ARMM.
Now then, the extensiveness and
dimension of the Bangsamoro waters should be the same as the

municipal waters of the LGUs and not 22.224 kilometers or 12 nautical
miles. It should be noted that the 12 nautical mile rule was used to
define the national territory under the Archipelagic Doctrine.
The
Bangsamoro is not an archipelagic state. This issue is detrimental to

the interest of the commercial fishing industry not only in the City of
Zamboanga but also to the entire of Mindanao. The Philippine waters
belong to the Filipinos, not of a tribe people or group.
No. 2. Under Section 18, Article X of the 1987 Constitution, the
creation of the autonomous region shall be effective when approved by
a majority of the votes cast by the constituent units in a plebiscite
called for the purpose.
Provided, that only provinces, cities and
geographical areas voting favorably in such plebiscite shall be included

in the autonomous region. Thus, in the plebiscite for any inclusion into
44

CODES
Sglrobles
III-2
May 14, 2015
11:19 a.m.
5
the Bangsamoro, it should be made very clear that the 10 percent of

the registered voters should refer only to registered voters of the
entire province or the entire city seeking inclusion. It should not be by
component municipality or component barangay as the effect will
certainly promote gerrymandering and inefficient and ineffective
governance resulting from non-contiguity of local government units.
It should be recalled that under ARMM Law, entry into that
political entity was by province and city only, and not by municipality
or barangays. We should also be reminded of recent Supreme Court
decisions on the creation of local government units. These decisions
are imperative guidance for Congress.
No. 3. In relation thereto, the term contiguous relative to
territory should be clearly clarified and properly defined without
vagueness.
No. 4. If there are provisions for the inclusion, there should also
be a provision relative to
the manner of exclusion from the
Bangsamoro for LGUs which opt to disengage therefrom.

No. 5. There should also be fair and equitable distribution and
allocations of fiscal resources of government. Taxes are the lifeblood
of government. It appears that with the shares of taxes, block grants
and other shares in income from the national government, the same
45

CODES
Sglrobles
III-2
May 14, 2015
11:19 a.m.
6
shall give tremendously inequitable advantage to the Bangsamoro

which will effectively lessen the LGUs internal revenue allotments
which in effect shall redound to diminishing allocations for the delivery
of basic services to their respective communities.
No. 6. Strategic natural resources and industries should remain
with the national government and should not be regulated by the
Bangsamoro,
specifically
power
generation,
transmission
distribution should be the principal and exclusive
and
domain of the
national government and subject only to the latters regulatory powers

and not of the Bangsamoro.
No. 7.
with
the
The Bangsamoro police force shall remain exclusively
national
government.
Futhermore,
members
of
the
Bangsamoro Police Force must be exclusively assigned within the

Bangsamoro. No one shall be transferred, reassigned or otherwise, to
other geographical areas other than the Bangsamoro. They shall not
be allowed to carry firearms or in any way use this police authority
outside of the Bangsamoro territory.
No. 8.
The plebiscite should not ask, Do you approve of the
Bangsamoro Basic Law? This phrasing may mislead those people who
may be in favor of the proposed BBL but not favor inclusion into the
Bangsamoro. It should rather ask, Are you in favor of being part of
46

CODES
Sglrobles
III-2
May 14, 2015
11:19 a.m.
7
the Bangsamoro?
MS. CLIMACO.
Honorable Chair and the members, the
rebuilding, reconstruction and recovery of the City of Zamboanga from

the siege/sglr
47

CODES
MPMendoza
IV-2
May 14, 2015
11:29 a.m.
1
MS.
CLIMACO.
challenging.
Almighty
from
the
siege
is
quite
difficult
and
But with the continuing and unwavering help of the
God
and
Nuestra
Seora
La
Virgen
del
Pilar,
the
Zamboangueos, the national government, civil society and nongovernmental organizations, the international community and the city
of Zamboanga shall rise up once again. Together, we shall build back
a better Zamboanga under one flag, one nation, one Zamboanga City
united and undivided 98 barangays under one Republic of the
Philippines.
Muchas gracias, vaya con Dios. [Applause]
Thank you very much,
Mayor Beng Climaco, for that presentation, together with the members
of the Sangguniang Panlunsod and their presiding officer, Vice Mayor
Iturralde.
I think that as the Mayorin her opening remarks, Zamboanga
City has very much kept a very consistent position when it has come to
the BBL.
The points that were made in todays presentation are
certainly well-noted and many of these points are actually under study
as to what possible remedies there might be.
But once again, I am
very gratified to say that whatever we think we know in Manila about

the sentiments of people and officials in a locality, we always manage
48

CODES
MPMendoza
IV-2
May 14, 2015
11:29 a.m.
2
to learn something new when we come to these public hearings that

we situate in the locality.
And one of the things that is new is the
suggestion as to the language of the plebiscite where the suggestion

as read out by the vice mayor was instead of Do you approve of the
BBL? the question would be, Are you in favor of being part of the
Bangsamoro?
So that is something that we can suggest to the Comelec and we
thank the mayor and the officials of Zamboanga City for their insights
and their suggestions. [Applause]
Following the presentation of Zamboanga City, we now proceed
to call on Mr. Hadji Abdul Baqui Sandag of the Zamboanga City
Indigenous Peoples Council of Leaders.
So, Mr. Sandag, if you could please take a mike and proceed
with your presentation, please?
MR. SANDAG.
The honorable member of the Senate in the
person of Senator Ferdinand R. Marcos Jr.; our beloved mayor, Maam

Beng; the congressmen, starting from the representative of Davao Del
Norte, Congressman Lagdameo, my boss, Honorable Celso Lobregat,
Governor Jum Akbar, damas y caballeros, de ciudad de Zamboanga
and visitors.
49

CODES
MPMendoza
IV-2
May 14, 2015
11:29 a.m.
3
Mr. Chairman, before I will present my piece or recommendation

which are absolutely an original IP concept and collective consensus of
the Zamboanga Indigenous People Council of Leaders which comprised
of the following tribes, namely, the Kolibugan, Subanon, the Yakan,
Sama-Badjao and the Sama-Bangingi.
May I in behalf of the IP community of the City of Zamboanga
express first our propound gratitude to the selfless personalities of the
City of Zamboanga who repeatedly and publicly defended us on various
issues like the BBL. It is but fitting that we, their followers, will thank
them publicly also.
To our beloved and beautiful mayor of Zamboanga, gracias,
maam;
the
other
mother
of
Zamboanga
in
the
person
of
Congresswoman Lilia Nuo, auntie, maam; to my classmate, Vice

Mayor Cesar Iturralde; the honorable members of the Sangguniang
Panlungsod and foremost, to my BBL, the favorite son of the IPs and
the Muslims, my BBL and our BBL with Maam Beng. When I say BBL,
it simply means Big Brother Lobregat.
Sir, gracias.
Mr. Senator, sir, I have here a brief, direct, self-explanatory but
realistic views coming through the IPs and with and record purposes,
we
the
IP
communities
of
Zamboanga
City
fully
support
the
50

CODES
MPMendoza
IV-2
May 14, 2015
11:29 a.m.
4
implementation of BBL.
However, we also support the stand on this
issue of our beloved mayor, the city council and the two district
representatives of Zamboanga City.
The first of the recommendation of position paper, Mr. Senator,
sir, is the creation of a National Commission on Indigenous Peoples
Office or NCIP.
The creation of National Commission on Indigenous
Peoples
in
Office
the
proposed
new
autonomous
Bangsamoro
government in order to cater to the needs of the indigenous people

particularly in our ancestral domain claim, as well as to recognize,
respect and protect rights of the IPs, to preserve, develop and assure
continuity to the next generation of our culture, traditions and
institutions as well as to safeguard and guarantee to enjoy the full
measure of human rights and freedom without distinction and
discrimination.
The need of the creation of this office is vital to the existence and
cause of the IPs.
With the implementation of the BBL, a presumed
influx of ancestral domain claim will ensue.
And as usual, based on
experience, the oppositors are usually national government agencies

such as DAR, Department of Agriculture, Tourism and sometimes local
government
units
like
barangay,
municipalities,
and
cities
and
provincial government.
51

CODES
MPMendoza
IV-2
May 14, 2015
11:29 a.m.
5
NCIP for the IPs, they are our vanguard, our court of first and
last resort.
It was proven in the past, especially in our claim, they
were always by our side.

The second issue we would like to present, sir, is about
transitional justice, the implementation of transitional justice to all
inhabitants who were affected by previous armed conflicts between the
rebels and the AFP. There is a need for the reparation of damages and
apology to the surviving victims or to their family for the atrocities
results, loss of lives, loss of properties and opportunities as well as to
injuries inflicted upon their persons by either the government or the
insurgents, upon their persons, honor, reputation to the victims or to
the members of the family.
And the third issue we would like to present is about the
proposed amendment to the Article XV of the BBL. As I have said in
the past and numerous public hearing/mpm
52

CODES
JADela Cruz
I-3
May 14, 2015
11:39 a.m.
1
MR. SANDAG. numerous public hearing in search of the true

identity of the Mindanaoans, the participation of the Christians,
Muslims, Lumads and our sectors are needed. However late it may be,
I have here a proposal where there is a need for the amendment to
Article XV, which calls for a ratification. The stand of the IP is we call
for the ratification, not only by the inhabitants in the proposed
Bangsamoro entity.
But this time, it must be done by all taxpaying
and registered voters of the citizens of the Republic of the Philippines.

My basis are the following: the Constitution itself is the first one. In the
alienation of any part or portion of the territory of the Republic, the
people must have the final decision considering that such as in the
creation of cities and municipalities and even barangay, the mother
province, city or barangay must be first heard in a form of plebiscite
and the decision is vital for such creation. I hope we could apply this
measure for the creation of a Bangsamoro entity. Mr. Senator, I
believe it is high time for us to act as one Filipinos under one flag, one
Constitution, one nation, one vision. Hence, an all-for-one and one-forall policy.
My second stand which give the rights to the taxpayers and all
the Filipinos. The proposed Bangsamoro entity will undoubtedly be the
recipient of millions of pesos for restructuring and projects. It must be
53

CODES
JADela Cruz
I-3
May 14, 2015
11:39 a.m.
2
bear in mind that these funds come from the coffers of the government
originated from the taxes paid by the citizenry. By virtue of the said
Act, the citizenry in addition to their constitutional rights, acquired by
rights to air their grievances and voices in matters that affect their
nation, their future and their childrens future. Rightfully, they acquire
the right this time that their voices must be heard. And following the
doctrine of vox populi, vox Dei, meaning the voice of the people is
the voice of God. The peoples voice on this particular issue must be
heard, heeded, abided and must prevail at all costs.
And the last issue which I think is somewhat controversial, but
since this is the consensus of the IP who wants nothing but peace, is
that we call for the creation of two regional legislative assembly
patterned after that your father, Senator Marcos--patterned after that
of the President Marcos era wherein there were two regional legislative
assembly, RA IX and RA XII. It was created at that time but the
constitution of the seats there, they were elected. But this time the
mainland regional legislative assembly will be dominated and operated
by the MILF. And the other one, the regional legislative assembly,
Region IX must be handled by the MNLF, preferably by the MNLF
faction of Nur Misuari. This arrangement, I believe, is acceptable to the
leaders of the rebel groups. That is to my belief. Acceptable to the
54

CODES
JADela Cruz
I-3
May 14, 2015
11:39 a.m.
3
leaders of the rebel groups, elected leaders, constituents of the islands

of Basilan, Sulu, Tawi-Tawi and the mainland cities in Mindanao as well
as municipalities and provinces. If this setup will be implemented, Mr.
Senator, sir, we believe peace would truly reign in Mindanao.
And lastly, sir, kami po sa Zamboanga City, ayaw namin na po
ng giyera. We want to remain under one flag, one country, one
Constitution. And our ultimate goal is to serve Allah above all. To
protect and serve our mahal na bayang Pilipinas. At higit sa lahat, tao
tayo, mga Pilipino.
Maraming salamat po. Hasta la vista y alpina nunzia. Buenos
dias a todos.
Thank you, Secretary
General Abdul Baqui Sandag, for the representations that you have
made. We appreciate certainly the strong representations you have
made for the recognition, equality and justice for our indigenous
peoples which are contained in your proposals to create an NCIP within
the Bangsamoro government and the demand for transitional justice
for what has happened in the years previous.
The issue as to local or national application, especially when it
comes to the conduct of the plebiscite, is an ongoing debate and it is
something that we have to examine very closely. As the points that
55

CODES
JADela Cruz
I-3
May 14, 2015
11:39 a.m.
4
were made in the position paper we have just heard, it has been very
clear that it is felt by many quarters around the country that the BBL
will affect the conduct of other LGUs and, therefore, will affect all the
citizens of the Philippines and therefore the plebiscite must be done on
a national basis. This has some validity to it and it is something that
we will have to resolve before we can proceed with the process of the
BBL.
The question of creating two regions is reminiscent of the
solutions that were arrived at in the Tripoli Agreement. This is
something that seemed to have been successful in the time that it was
implemented. However, the Tripoli Agreement has been deemed
superseded. The agreement that we are now using as a peace
agreement, as a basis for all that we are doing is the Jakarta
Agreement with the MNLF and subsequent to that the Comprehensive
Agreement on the Bangsamoro. In fact, that is one of the big issues
that we have to study well and find a resolution to is upon the passage
of BBL, how do we apply and implement the principle of Bangsamoro
government in context of the Tripoli Agreement and of the Jakarta
Agreement of 1996? And that I think is the main point that the MNLF
has always brought to this discussion and it is something that we will
56

CODES
JADela Cruz
I-3
May 14, 2015
11:39 a.m.
5
continue to study and no doubt will have some comments from the
members of the transition commission and from OPAPP on that.
Thank you, Secretary General. We will continue to move down
the list. I would like to call on now, Acting Chairperson Socorro Ramos
of the Regional Development Council of Region IX.
Chairperson Ramos, are you in the hall? If she is not here, then
we will continue to move down. It is you? I beg your pardon. --will
speak for the RDC IX will be Mr. Pocholo Soliven.
Mr. Soliven, if you would like to proceed, please.
MR. SOLIVEN. Good morning, Honorable Chair Ferdinand
Marcos.
Very
important
persons
in
the
presidential
table,
our
Congresswoman from District 2, Representative Nuo; our beloved

Mayor/jadc
57

CODES
CFDriz
II-3
May 14, 2015
11:49 a.m.
1
MR. SOLIVEN.
our beloved Mayor Maria Isabel Climaco,
Senator Alan Peter Cayetano, Governor Jum Akbar of Basilan,

Representative Celso Lobregat of District 1, Representative Anton
Lagdameo of Davao del Norte and Vice Mayor Oric Furigay, good
morning.
Now, I would like also to put on record that I am also
representing the PCCI, Philippine Chamber of Commerce and Industry
as the regional governor for Western Mindanao and also as the private
sector representative of Zambonga City.
Now, I am sharing you this 150th Regular Meeting Resolution No.
9010-15. Regional Development Council IX is the highest policymaking
body in the region and a resolution requesting Congress to review and
amend certain provisions of House Bill 4994 or the Bangsamoro Basic
Law.
Whereas, the draft Bangsamoro Basic Law is the proposed law of
the Bangsamoro Political Entity as it establish the Bangsamoro
government.
Whereas, as enshrined in the peace and security chapter of its
Regional Development Plan and the Regional Development Council IX
fully supports the peace process and is thus, also supportive of the
BBL.
58

CODES
CFDriz
II-3
May 14, 2015
11:49 a.m.
2
Whereas, during its first meeting on 18 February 2015, the RDC

IX advisory committee passed a Resolution No. 9015 enjoining the
council to conduct sectoral committee consultations on House Bill No.
4994 or the BBL in view of issues and concerns relative to the BBL that
have been raised by various sectors in the region particularly on the
legality, political influences, territorial scope, scope of power, fiscal
system and other features that have major impacts to the nation as a
whole.
THE CHAIRMAN (SEN. MARCOS). Mr. Soliven.
MR. SOLIVEN. Yes.
THE CHAIRMAN (SEN. MARCOS). I have noted that this is a
three-page document.
MR. SOLIVEN. Yes, I will give you the dispositive portion.
I suggest, perhaps, you
could summarize it for us because the actual document is on record

with the Committee so I think it is more for the enlightenment of those
who are here today so if we could hit the salient point.
MR. SOLIVEN. Yes. Thank you.
Please proceed, Mr.
Soliven.
59

CODES
CFDriz
II-3
May 14, 2015
11:49 a.m.
3
MR. SOLIVEN.
There is a need to clarify the definition of
Bangsamoro as used in Article I, name and purpose. Section 1, short

title and 2, as to the name.
Whereas, Section 2(b), in the core territory, and (3), on
contiguous territory of Article III on territory provision, violates Article
X, Section 10 of the Philippine Constitution and RA 7160 of the Local
Government Code and its Implementing Rules and Regulations, which
defines the Philippine territory and there is a need as well to clarify the
definition or scope of local government units that are outside the
contiguous and core territory
which may opt to file a petition of at
least 10 percent of the registered voters to be included as part of the

Bangsamoro territory at any given time.
Whereas, Section 2, on the core territory of Article III, includes
Isabela City in the core territory of the Bangsamoro in spite of the fact
that it voted no twice in the previous plebiscites and there is no
explicit opt out provision for those already identified in Article 3.
Whereas, Section 4, inland waters of Article III.
This is very
important for us from the business community and the industrial

sector, which place the preservation and management of all inland
waters within the Bangsamoro territory under the jurisdiction of the
Bangsamoro government and it doesnt conform with Article I of the
60

CODES
CFDriz
II-3
May 14, 2015
11:49 a.m.
4
Philippine
Constitution
which
states
that
the
national
territory
comprises the Philippine Archipelago with all the islands and waters
over which the Philippines has sovereignty or jurisdiction. This is also
very important, Mr. Chair, considering that Agus and Pulangi is within
the inland waters and a hydroelectric plant--50 percent of our hydro
generation is coming from these areas.
Now, whereas, Section 5, on Bangsamoro waters of Article III,
which defines the
Bangsamoro maritime jurisdiction as 22.224
kilometers or 12 nautical miles is inconsistent with the Fisheries Code

of RA 8550 and is likewise not in conformity with the United Nations
Convention on the Law of the Sea or UNCLOS and runs counter with
RA 7160 of the Local Government Code. This may hamper the marine,
aquatic productivity of the country and the attainment of our vision of
turning Zamboanga Peninsula to be the southern agri-fisheries corridor
of the Philippines.
Now, Mr. Chair, I would like to underscore the fact that
Zamboanga City will greatly be affected by this provision considering
that Zamboanga is the sardines capital or the canned sardines capital
of the Philippines and that Dipolog City of Zamboanga del Norte is the
sardines capital for bottled sardines of the country.
61

CODES
CFDriz
II-3
May 14, 2015
11:49 a.m.
5
Whereas, Section 2, on democratic political system of Article IV,

General Principles and Policies provides for a parliamentary form of
government in the Bangsamoro while its national government is a
presidential one.
Whereas, Section 2.5,
on human rights and humanitarian
protection and promotion, Section 2.7 on auditing, Section 2.8 on civil

service of Article V, Powers of Government and Section 5, on
Bangsamoro Police Board of Article X, Public Order and Safety, provide
for the creation of certain bodies in the Bangsamoro government which
reinforce the perception that it is a separate from the Philippine
government and shall exercise powers that are attributes of a
sovereign state.
Whereas, No. 12, in the funding for the maintenance of
national roads bridges and irrigation systems under Section 2, on
concurrent powers.
Section 2, of Article V, burdens the national
government with cost that could have been shouldered by the

Bangsamoro government as it has funds provided under Section 6 on
Revenue Sources of Article XII on fiscal autonomy which states that
the Bangsamoro government shall have the power to create its own
sources of revenue such as taxes, fees and charges, shall accrue
exclusively to the Bangsamoro government, as well as Section 10 of
62

CODES
CFDriz
II-3
May 14, 2015
11:49 a.m.
6
share in the taxes of the central government, and Section 15 and 16,
annual
blood
grant
and
formula
on
the
annual
block
grant,
respectively, which states that the amount of block grant which is 4

percent of the net national revenue collection.
Whereas, No. 15, on power generation, transmission and
distribution of Section 3, exclusive powers under Article V runs counter
with the Electric Power Industry Reform Act or the EPIRA Law or RA
9136 which clearly stipulates that the Energy Regulatory Commission
is the sole entity and authorized to regulate, distribute and handle
power.
Whereas/cfd
63

CODES
Sglrobles
III-3
May 14, 2015
11:59 a.m.
1
MR. SOLIVEN.
Whereas, No. 15 on power generation,
transmission and distribution of Section 3, exclusive powers under

Article V runs counter with the Electric Power Industry Reform Act or
the EPIRA Law or RA 9136 which clearly stipulates that the Energy
Regulatory Commission is the sole entity and authorized to regulate,
distribute and handle power.
Whereas,
substantial
source
of
energy
in
Mindanao
is
hydropower, specifically Agus and Pulangi Rivers and the Liguasan

Marsh but in view of Section 4 of inland waters under Article III, the
central government loses direct control of the regulation, generation,
transmission and distribution of power derived from said energy
sources.
Whereas, the various section of Article III under territory already
provides the Bangsamoro government sufficient areas under their
control such that there is no need to provide them additional areas as
stipulated in Article XIII under economy and patrimony, Section 18 on
zones of joint cooperation and Section 22 on inland waters.
Whereas, Section 5 on barter trade and counter trade under
Article XIII provides for the payment of appropriate customs and
import duties when goods are sold outside the Bangsamoro which
stands contrary to the principle of free flow of goods with zero tariff
64

CODES
Sglrobles
III-3
May 14, 2015
11:59 a.m.
2
under the Asean Integration concept or the Asean Economic Council,

the Asean Integration.
Now, therefore, on motion of this humble representation, private
sector representative of Zamboanga City, Chairperson of the Economic
Development
Committee,
duly
seconded
by
private
sector
representative Nestor Carbonera of Zamboanga Sibugay, Chairperson

of the Regional Social Development Committee, be it resolved as it is
hereby
resolved,
unanimously
that
request
the
Regional
Congress
to
Development
review
the
Council
IX
aforementioned
provisions of House Bill 4994 or the Bangsamoro Basic Law for

clarification or possible amendments to conform with the Philippine
Constitution and under existing laws of the Philippine government.
Done this 5th day of March 2015 at Ipil, Zamboanga Sibugay.
Thank you, Mr. Soliven, for
the full reading of the resolution of the regional council.
Certainly, we
thank the Regional Development Council for bringing to our attention

this regional view of the effects of the BBL and certainly bring to our
attention the different facets of the BBL which they feel need further
study and possible amendment.
Thank you, Mr. Soliven.
We now proceed with the position of councilor Ismael Musa who
65

CODES
Sglrobles
III-3
May 14, 2015
11:59 a.m.
3
represents the indigenous peoples in the city council.

Councilor
Ismael
Musa,
if
you
would
proceed
with
your
presentation, please.
Before you continue, although, of course, everybody has seen
Senator Cayetano joined us here, we would like to acknowledge for the
record that he arrived during the testimony of Mr. Soliven. [Applause]
As we all know, he has taken a great interest in the issues that
have been raised by the examination and discussion on the BBL.
So now, SP Musa, if you would like to continue, please.
MR. MUSA.
Thank you, Mr. Chair.
Assalamu Alaikum wa rahmatulahi wa barakatuh. Buenos dias.

Our courtesy to the Chairman of the Senate Committee, Senator
Ferdinand E. Marcos Jr., and Senator Alan Peter Cayetano. Sir, good
morning.
To
the
House
of
Representatives,
Representative
Antonio
Lagdameo, sir, thank you and I hope you are in good in Zamboanga
City.
To our beloved congressman, Celso L. Lobregat, sir, good
morning; to the mother of Zamboanga City, our beloved mayor, Maria
Isabelle Climaco, who happens to always help the Ips, maam, thank
you; to our good representative, Lilia M. Nuo of the District 2, my
66

CODES
Sglrobles
III-3
May 14, 2015
11:59 a.m.
4
salutation, maam, assalamu alaikum.

I rejoined with the speech earlier of our secretary general, Abdul
Baqui A. Sandag. Abdul Baqui A. Sandag provided the general request
of the Zamboanga City Indigenous Peoples Council of Leaders and I
speak in behalf of the indigenous peoples of Zamboanga City on a
specific context.
The Zamboanga City indigenous peoples comprising of the proud
natives
of
Kolibugan,
the
Yakan,
the
Sama-Bajau,
the
Sama-
Banguingui and the Subanon which, more or less, comprising 170,000

residents of the City of Zamboanga.
We are the natives of Zamboanga City and we live in this place
known to Samals as Zamboangan and to the Subanons as Jambangan.
And our ancestors lived here before the coming of the Spaniards.
Thus, it is but wise for us to submit our position relevant to draft BBL,
now the Senate Bill No. 2408 filed on September 14, 2014.
Ladies and gentlemen, the IPs of Zambonga City had been
tolerant to the then Lupong Tagapagpaganap ng Pook or LTP. For all
we know, Zamboanga City is a capital city. However, it is a known fact
that we joined with our Zamboanga City residents not to be part of the
Autonomous Region for Muslim Mindanao as we voted against the
inclusion of our beloved city to ARMM in two plebiscites. And today, let
67

CODES
Sglrobles
III-3
May 14, 2015
11:59 a.m.
5
it be known that we stand united with our Lumad, our Christian and
Muslim brothers and sisters not to be part of Bangsamoro. [Applause]
Hende ya se cabia en resulta pasa man el BBL la Congreso o la
Senado.
Though we know the fact that BBL will pass as it is a good
legislation for the Bangsamoro, on this note, we appeal to our senators
to make the necessary prudent decision and heed to some of our
requests.
We have reviewed Senate Bill No. 2408 and we found it to be a
splendid legislation.
However, we caution our honorable senators to
ensure that Bangsamoro will not become a new colonizer to our

indigenous peoples. The passage of Indigenous Peoples Rights Act of
1997 or Republic Act 8371 was legendary but this legislation was not
recognized in the Autonomous Region in Muslim Mindanao except for
the Basilan Province. And we thank Governor Jum Akbar for that.
Without
fear
of
contradiction,
because
as
the
mandatory
representation of indigenous peoples in the local sangunian stipulated

in Republic Act 7160 was not materialized.
And in fact, indigenous
peoples in Tawi-Tawi, Sulu, Maguindanao, Marawi City, etcetera or

basically in all cities, municipalities, provinces and barangays of ARMM
except in Basilan Province were deprived of such rights to enjoy what
68

CODES
Sglrobles
III-3
May 14, 2015
11:59 a.m.
6
were enumerated in Republic Act 8371 to date.

The draft BBL though attempted to improve the enjoyment of
such rights enumerated in RA 8371 for indigenous peoples but only to
the non-Moro IPs. This draft BBL provides the rights for IPs comprising
of Kolibugan, Yakan, Sama-Bajau and Sama-Banguingui and the Moro
IPs.
The proponents and framers of draft BBL, one of them is a
nephew of mine, would say that Moro IPs are Bangsamoro, they say
will enjoy the rights afforded to Bangsamoro, but that assumption
seems/sglr
69

CODES
MPMendoza
IV-3
May 14, 2015
12:09 p.m.
1
MR. MUSA.
that assumption seems to be wonderful as it
attempts to bring equality among the 13 Muslim ethnic linguistic

groupings within ARMM, now, later Bangsamoro. But in reality, ladies
and gentlemen, this argument is flawed. The truth of the matter, the
Kolibugan and the Sama-Badjao, the Sama-Bangingi could hardly
compete politically among other, the 11 major tribes.
Thus, both
become minority within ARMM.

On this context, we appeal to the prudent consideration of our
senators of the Republic of the Philippines and honor our requests for
our tribes to be protected and respected as we have tribes in the core
territory of the Bangsamoro.
The following are recommendations to the Senate Committee for
consideration. If you would look into Page 3, line 10, Section 3, Article
I, there is a need to revise that provision, Mr. Chairman.
inconsistent
with
the
Preamble,
Bangsamoro were included.
whether
the
So we have to read it.
This is
inhabitants
of
legitimacy of
the Bangsamoro people and their aspiration, together with other

inhabitants of Bangsamoro to chart their political future.
Next, Mr. Chairman, on Page 19, line 25, No. 30 of Section 3
which is on exclusive powers, Article V, Powers of Government. We
have requested, as expounded earlier by Abdul Baqui Sandag, that we
70

CODES
MPMendoza
IV-3
May 14, 2015
12:09 p.m.
2
have to look into taking into cognizance the Indigenous People Rights
Act of 1997, R.A. 8371. That should be included in the draft provisions
to add to No. 30 of Section 3.
Another, Mr. Chairman, we propose that on Page 31, line 26, the
No. 3 of Section 5 of Article VII, the Bangsamoro government, on the
reserved seats.
This is to provide that the indigenous people
belonging to the Kolibugan and the Sama-Bangingi will have equal

opportunity as we could not hardly compete with the major tribes. We
request the Moro IPs comprising of Kolibugan and Sama shall also
have reserved seats.
On Page 32, Mr. Chairman, that is similar to Section 6 of Article
VII, there should be a copy paste provision for the Moro IPs. And the
No. 3, the indigenous people shall not be defined solely for the
non-Moro IP but we have to respect Republic Act 8371 which allow the
Moro IPs also to be an IPs.
Now, this includes the Kolibugan, the Sama-Badjao, and the
Sama-Bangingi. However, I would like to reiterate, Mr. Chairman, the
position of Zamboanga City Indigenous People Council of Leaders
which this humble representation was given the opportunity to
present.
71

CODES
MPMendoza
IV-3
May 14, 2015
12:09 p.m.
3
To end, we would like to reiterate that Zamboanga City be not

part of the Bangsamoro as we Muslims and Lumads enjoy the same
rights that of the Christian populist.
In fact, the indigenous people
comprising of Kolibugan, Yakan, Sama-Badjao, Sama-Bangingi and

Subanon enjoy the rights as afforded to us in the IPRA Law and other
relevant laws, better than those in the ARMM except in Basilan
province or in fact, better than enumerated in a draft BBL.
Thank you and wasallam. [Applause]
Councilor Ismael Musa for once again reiterating and stating the very
clear position, not only of Zamboanga City but of the IPs that you
represent, that Zamboanga not to be included in the Bangsamoro core
territory.
Secondly,
representation
government.
your
of
the
advocacy
of
indigenous
the
peoples
strengthening
in
the
of
the
Bangsamoro
And perhaps we can examine also how that can be
operationalized within the proposed Bangsamoro parliament.

So thank you, Councilor Ismael Musa.
Now, we move to the position of the Bangsamoro Network for
Solidarity and Accountability and the person who will be making the
presentation is Zaldy Daranda.
72

CODES
MPMendoza
IV-3
May 14, 2015
12:09 p.m.
4
Could we have Mr. Daranda to come andThank you.

Mr. Daranda, would you please present your position? You have
the floor.
MR. DARANDA.
Thank you very much, Honorable Chairman,
distinguished members of the Committee, my dear brothers and sisters

in faith, allow me to greet you under the roof of Allah Taala, Assalamu
ala mani taba al huda. Peace be with you all. [Applause]
We, representing the Bangsamoro Network for Solidarity and
Accountability, Zamboanga City Chapter, allow me to read my humble
manifesto. On this auspicious day of May 14, 2015, when the Senate
Committee on Local Government on the Bangsamoro Basic Law
consults the people of Zamboanga City, we, the members of the
Bangsamoro Network for Solidarity and Accountability (BANSA), call on
all the peace loving people to give peace another chance by setting
aside unfounded fears, misplaced pride and prejudice, and parochial
interests, both politically and economically. A sober, rational, civilized
and sincere dialogue must be observed today. Emotions should give
way to objectivity so that all issues, claims and counterclaims will be
presented to all and that in the end of the day, informed choices will be
made by individuals. The right of people to chart one political future is
inherent in everyone.
No one should place an impediment in the

73

CODES
MPMendoza
IV-3
May 14, 2015
12:09 p.m.
5
exercise of people to express their political belief and choice through

peaceful, democratic means as there is nothing to be feared in the new
political entity, the so-called Bangsamoro. So there is nothing to worry
about peoples desire to be part of it. The process for inclusion is very
democratic since the will of majority ultimately prevails in the
plebiscite. If one is comfortable with the thought that the numerical
majority will keep the status quo, then what is to be feared if the socalled minority expresses its desire to change the status quo.
The Bangsamoro will not be another ARMM.
All the defects of
the latter to which both Muslim and Christians are to be blamed are
being attempted to be corrected by the Bangsamoro Basic Law. The
highest form of political and fiscal autonomy are now in the pages of
Bangsamoro Basic Law.
We commend the members of the Senate Committee, Honorable
Chair, Bongbong Marcos, for expediting the public consultations. We
truly hope that the passage of the Bangsamoro Basic Law would come
in the soonest time without delusion or water-down in the contents,
letter and spirit of the law.
Thank you and God bless. [Applause]
THE CHAIRMAN (SEN. MARCOS). Thank you, the President,
Mr. Zaldy Daranda. Thank you for your thoughts on the subject. What
74

CODES
MPMendoza
IV-3
May 14, 2015
12:09 p.m.
6
you suggest is precisely what we are trying to do. We are trying to

determine as democratically as possible what it is that the people of
the affected areas, not only the Bangsamoro core territory, but also
those who have an interest because they are nearby or adjoining the
proposed Bangsamoro/mpm
75

CODES
JADela Cruz
I-4
May 14, 2015
12:19 p.m.
1
proposed Bangsamoro
core territory. However, I cannot go with your plea that we do not

change the draft BBL. There are simply too many problems with the
draft BBL to leave it as it is. So the best that we can do is, No. 1,
we are cognizant, we are aware of the desire of the palace that we
finish the BBL by this session. And certainly if we are able to
achieve that, then that is fine and good. However, as I always
reiterate, the priority is not to be on schedule. The priority is to get it
right. And that is the most important part of all of these. Simply
because
if
we
do not
remedy
all
the
infirmities--constitutional,
administrative, political and economic infirmities in the draft BBL, then

the BBL that we pass will not succeed and we will not have taken the
very important step towards peace in Muslim Mindanao and therefore
we
have
prioritized
the
propriety,
legality,
constitutionality
and
enforceability of the law that will eventually be passed. But rest

assured that the examination of this law will go on in great detail and
we will be certainly objective when we are assessing which parts to
amend. Thank you for your input.
Now we would like to call on Vice Mayor Roderick Furigay who is
the Vice Mayor of Lamitan City, Basilan who has a presentation to
make.
76

CODES
JADela Cruz
I-4
May 14, 2015
12:19 p.m.
2
Vice Mayor Furigay, if you would like to proceed.

MR. FURIGAY. Thank you, sir.
Honorable Chair, Senator Ferdinand Marcos Jr., distinguished
guests at the presidential table, fellow workers in the government,
wassalamu alaikum warahmatullahi taala wabarakatuh. Good morning
to each and everyone.
The letter position of Lamitan City. This is with regards to the
passage of Senate Bill No. 2408, An Act Providing for the Basic Law
for the Bangsamoro and Abolishing the Autonomous Region in Muslim
Mindanao, Repealing for the Purpose Republic Act No. 9054. We are
fully aware of the struggle that the Bangsamoro people have gone
through in quest of recognition and the realization of social justice. For
decades, the people of Lamitan have witnessed the plight of our
Bangsamoro brethren. It is worthy of consideration that the city of
Lamitan is a new component city as declared with finality by the
Supreme Court on April 12, 2011. Also a precedent has been set
allowing another component city, which is Isabela City of Basilan, to
vote separately apart from other municipalities of Basilan province. As
such, Lamitan City is seeking to be given the same opportunity and
treatment as bestowed to Isabela City and respectfully asking for one
seat in the parliamentary district that we will be created. In view of the
77

CODES
JADela Cruz
I-4
May 14, 2015
12:19 p.m.
3
foregoing, the city of Lamitan and its people would like to be granted
one seat in parliamentary district for Basilan province.
Muchas gracias y muy buenos dias.
Thank you. Thank you,
Vice Mayor Furigay. As I understand it, you are proposing that Lamitan
City be one parliamentary district and thus will elect a parliamentary
representative to the Bangsamoro parliament. Am I correct in my
understanding? Well, thank you Vice Mayor.
We are, at the present time, also in discussion and one of the
main points of discussion is how do we define the parliamentary
districts. In the draft BBL, there is a proposal on the districting of the
parliamentary districts but we have found that there may be problems
in the differences in the definition of a parliamentary district and a
congressional district. We are going to work very closely with the
framers of the BBL and with the committee as to how we are going to
define the parliamentary districts vis--vis the congressional districts.
Right now, we have examined and will continue to examine several
different options. Some say, just follow the congressional district.
Some, just divide them into three so we get the numbers that we
want. So all of these suggestions will come out and especially the
78

CODES
JADela Cruz
I-4
May 14, 2015
12:19 p.m.
4
concern that you have raised in terms of the representation of Lamitan

City in the Bangsamoro parliament.
Thank you for your inputs.
Next, we will hear from a representative from the Fatwa Institute
Foundation Inc. We would like to ask to present their position, Sheikh
Loderson Mahir Gustaham. Sheikh Gustaham, if you would please
take the floor.
MR. GUSTAHAM. All praises due to Allah, the Lord of the
universe. Honorable Senator Ferdinand Marcos, the Chairman of the
Committee on Local Government; Senator Alan Peter Cayetano;
Governor Jum Akbar; our city mayor, Maria Isabelle Climaco; our
representative, second district, Lilia N. Nuo; the first district
representative, Celso Lobregat; and our visitor from Davao del
Antonio
Lagdameo;
esteemed
guests,
greetings
of
Norte,
peace
and
solidarity.
It is our honor to be invited as one of the resource speakers of
this committee Senate hearing on the Bangsamoro Basic Law. The
Fatwa Institute Foundation, Inc. and Sama and Bajau Council of
Leaders, a network of people, grassroots organization working for
peace in Sama and Bajau rights, founded at the height of the all-out
war in Mindanao to call for the stop to the war and the resumption of
79

CODES
JADela Cruz
I-4
May 14, 2015
12:19 p.m.
5
the peace talks between the government and the Moro Liberation
Groups, like many organizations working to build peace in Mindanao,
has long been supporting the peace process between the GPH and the
Moro groups and any other peace processes that the government
engaged in for that matter. As an expression of our support, we
reached out and engaged with the grassroots communities and helped
in the education and the development on the peace process. It was in
this continuing engagement that the Fatwa Institute Foundation and
Sama and Bajau Council of Leaders has shaped its campaign for the
participation of the grassroots communities in the peace process since
they are the ones that has the greatest stake on the peace
negotiations. As a true organization who vows to support the selfdetermination, struggle of the people in Mindanao, it is the moral
obligation of PPN to take on not only the RSD assertion of the
Bangsamoro but also the indigenous people particularly Sama and
Bajau as well as other indigenous peoples of Mindanao.
Excuse me, Sheikh
Gustaham. Is it your intention to read the position paper?

MR. GUSTAHAM. If you will allow me.
Because I think it would
beagain, in the interest of time, I do not mean to put less
80

CODES
JADela Cruz
I-4
May 14, 2015
12:19 p.m.
6
importance on your presentation but we have a long list of speakers,

just so the others can have a chance. It would be most helpful for us
to perhaps hear about your conclusions. The actions that you have
taken are herein narrated. We would be very interested to know, and
from the actions that you have taken, what is your position now and
how you came to that position. The conclusions of your study and
continuing discussion on the subject.
MR. GUSTAHAM. Thank you very much, Mr. Chairman. If you
allow me just to get the point. I really, really want to read it, if you
allow me to. I really just read it fast.
The document is in the
record/jadc
81

AND
CODES
CFDriz
II-4
May 14, 2015
12:29 p.m.
1
The document is in the
record of the Committee. There is no need to read it into the record.

I think it will be more useful if you could tell us what the conclusions
are contained in the document. We are approaching 1:30, each page
takes about 10 to 15 minutes to read. Four pages will be close to half
an hour at the very least, so we would like to try to apportion the time
so as to give as many people the opportunity to speak as possible.
So again, I would just make a request that you give us the
conclusions of the document that you have put into the record with the
Committee.
My apologies for that but we are constrained not by
political forces but by nature.

MR. GUSTAHAM.
In conclusion, I have two points to--very,
very important in my position paper.

No. 1 is about the mining exploration.
THE CHAIRMAN (SEN. MARCOS). Okay.
MR. GUSTAHAM. --have already started without the knowledge
of Timuay justice movement or governance in the hinterland and the
Sama-Badjao council of leaders have been neglected and never been
consulted in the mining exploration in Tawi-tawi. This is the one. This
means no free, prior and informed consent was sought by the parties
involved in the exploration.
Though local government leaders
82

AND
CODES
CFDriz
II-4
May 14, 2015
12:29 p.m.
2
confirmed their knowledge and support to the exploration, the fact it

has violated the rights of the IPs in the area by not getting their
consent. With this, we would like to ask the panels of GPH and the
MILF and the Senate Committee on the BBL if the BBL provides for the
right of the FPIC to be respected and implemented, what will be the
process and how would the BBL honor this practice considering the
current realities that mining exploration is already under way at the
heart of the ancestral domain of the Teduray and Lambiangan in Upi,
Maguindanao and even before the Bangsamoro is entrenched.
And the second, we all know that the GPH peace process is a
very popular process and for which most of the groups and peace
networks in Mindanao and Manila fully supported. However,
for the
IP support groups such as the Sama and Badjao council of leaders are
critical in our support knowing that the IPs BaSulTa especially SamaBadjao claimor for their distinct identity and due recognition to their
ancestral domain are not clarified in the text of the present draft
We cannot just close our eyes and remain
deaf to the clamor of marginalized people in our midst.

you have a suggestion as to language
Sheikh Gustaham, would

that should be included to
make more clear and complete the provisions that are to do with the
83

AND
CODES
CFDriz
II-4
May 14, 2015
12:29 p.m.
3
rights and the ancestral lands and domains of Indigenous Peoples?

That would be something that we could study and hopefully if deemed
necessary, we will include it in the final version of the Senate version
of the Bangsamoro Basic Law. Would there be some specific language
that you would like--that you feel should be included to delineate, to
clarify and to recognize the rights of the Indigenous Peoples?
MR.
the
GUSTAHAM.
ZamBaSulTa
region.
In
BaSulTa--Im
We
actually,
like
speaking
the
about
Sama and
Badjao, Im specifically representing the Sama and Badjao council of

leaders which is not being stated in the basic law--in the BBL
because we are living in the seashore.
We hope that the Senate
Committee on this local government will take into consideration doing

something for those two specific indigenous tribes in BaSulTa.
Thank you.
it is:
So the problem as you see
No. 1 is in the area of mining.
You have explained the
situation in your position paper and you feel that there should be more
recourse given to the IPs instead of waiting for the decisions on the
applications that you have made in terms of mining. And again, you
want to clarify the rights again.
The point on the very brief section
that has to do with the rights of Indigenous Peoples and the question
84

AND
CODES
CFDriz
II-4
May 14, 2015
12:29 p.m.
4
of ancestral lands and ancestral domains is not sufficient in the BBL.

It is one of the things that we feel has not been fleshed out enough
and a lot more detail is required to be included just to provide more
clarity as to exactly what is the role or what is the status of the
Indigenous Peoples when it comes to the Bangsamoro
government.
There have been several groups that have come to the Senate on an
informal basis not yet in a formal public hearing and have made some
representations as to some amendments that they would like to
include.
Of course, the different groups have slightly different
suggestions but it all boils down to strengthening the recognition of

the rights of the indigenous peoples over their ancestral lands and
recognizing that they have ancestral domain. It is for this reason that
I would like to invite all of you who are representing Indigenous
Peoples groups to come and join us in our hearing on May 25 in the
Senate where we can further discuss specifically this subject with you
and it would be very useful to the Committee if you are able to come
with specific amendments and provisions that you would like to be
included in the final Senate version so that we can discuss those. And
if there is a consensus among all of those participating, then we can
propose those amendments.
So thank you very much, Sheikh Gustaham.
85

AND
CODES
CFDriz
II-4
May 14, 2015
12:29 p.m.
5
We will now call on the representative of Isabelaos.

very
simple
designation
in
the
person
of
Leonardo
That is a
Pioquinto.
Leonardo Pioquinto, please come forward. So Mr. Pioquinto, we

will give you 10 minutes to give us your--We are in receipt of the
manifesto of Isabelaos that is before the Committee right now.
believe/cfd
86

CODES
Sglrobles
III-4
May 14, 2015
12:39 p.m.
1
I believe that cover letter
was authored by you, Mr. Pioquinto, so if you could just give us the
high points, the salient points of this manifesto that you have
presented to the Committee.
Mr. Pioquinto, you have the floor.
MR. PIOQUINTO.
Thank you, Mr. Chairman.
And good
morning to all the gentlemen in the presidential table.
And to the
general audience now attending this public hearing.

To save time, Mr. Chairman, I would like to seek the indulgence
of the public that if they want to see the text of the manifesto, it is
now uploaded in the Internet, in the Facebook account of Mayor
Pioquinto and hard copies are given to the senators on the presidential
table. And those senators that are not present, the manifesto will be
sent via LBC.
As a background, Mr. Chairman, Isabela or Isalama was part of
Zamboanga City during the Commonwealth Regime.
Basilan, the
name Basilan surfaced in year 1948 after World War II when

Congressman Juan S. Alano sponsored a bill called Republic Act No.
288, segregating Isalama which is part of Zamboanga City and created
it into a chartered city known as Basilan City.
Now, and Zamboanga City is the twin city of Basilan in southern
87

CODES
Sglrobles
III-4
May 14, 2015
12:39 p.m.
2
Philippines. That is the background. So as political changes progress,

Basilan in view of the aspiration of the people in Basilan, requested
President Ferdinand E. Marcos to bring the government nearer to the
people. So the island city of Basilan was split into 12...
Mr. Pioquinto, Thank you.
The background is, of course, very important but we simply dont have
time for it today. Perhaps you could come to the conclusions that you
have arrived at in your study of the matter on the BBL and its effect on
the citizens and of the government of Isabela City.
MR. PIOQUINTO.
Thank you, Mr. Chairman.
Inasmuch as we are sister city of Zamboanga, we are in accord

to the position taken by Zamboanga City when we opposed the
confiscatory action of both the MILF and the GPH panel in including
Isabela City in the core territory of the Bangsamoro considering the
fact that that Section (c) of the BBL Law is a confiscatory provision
which runs contrary to the preamble of the Bangsamoro Basic Law
proposal which state that in consonant with the universal principle and
international law and standard norm of conduct vis a vis that the
people of Isabela, they confiscated the voice of God and the voice of
Allah from the people of Isabela who had expressed their will through
sacred ballots that they opt to stay out of the ARMM twice. Now, this
88

CODES
Sglrobles
III-4
May 14, 2015
12:39 p.m.
3
is the third attempt that they wanted Isabela to be included. So one is

enough, two is too much, third is already poisonous.
Mr. Chairman, thank you very much.
And as far as the 10 percent provision of the BBL, Mr. Chairman,
Republic Act 6735 which is known as the Peoples Initiative and
Referendum Law will suffice the vision of the MILF as with regard to
the 10 percent provision, Mr. Chairman. Otherwise, if that 10 percent
provision will stay, not even the City of Taguig will not be safe as well
as the City of Manila.
Thank you and good morning.
Thank you for that very
articulate expression of the opinions of the residents, the inhabitants of

Isabela City. We thank Mr. Pioquinto for his very clear explanation of
that position. And I trust that the OPAPP representatives here with us
today are listening to what can be described as expressions of the local
stakeholders.
At this time, we would like to call on Senator Alan Peter
Cayetano. He has some interventions to make.
SEN. A. CAYETANO.
Magandang-magandang hapon po sa
inyong lahat, Mr. Chairman, ating mga mahal na kongresista, ating

mahal na mayor, atin pong mahal na governor, maam. Atin pong mga
89

CODES
Sglrobles
III-4
May 14, 2015
12:39 p.m.
4
kapatid na Muslim, Assalamu alaikum.

Let me just put on record, Mr. Chairman, No. 1, that we are
all here for peace, for justice and for self-determination.
We just
have different approaches or different conclusion how to get there.

Pero wala ni isa siguro dito sa hall na ito na gusto ng giyera o gusto ng
gulo. So by listening to each other, we might find a solution.
Im very happy that you continue to have consultations on the
ground although most of the time, Senator Marcos, you are alone, the
sole senator, and I thank you for that.
Of course, Congressman
Lobregat is always in the Mindanao consultations.

I just like to note, when a senator like me says that I am antiBBL or anti-MILF, I am called an anti-Muslim. But yesterday in Jolo,
when our kababayans from Sulu, Basilan and Tawi-Tawi said that they
are anti-BBL and they do not want BBL, and when the sultanate of
Sulu said they do not want BBL, they are not called anti-Muslim
because they are Muslim.
So just to point out that name calling or branding each other will
not help solve the problem because after all, we are all Filipinos.
Christians or Muslims, Mindanao, Visayas, Luzon, we are all Filipinos.
[Applause]
So Id like to encourage those who have not spoken to speak
90

CODES
Sglrobles
III-4
May 14, 2015
12:39 p.m.
5
out. Nagtataka po ako when Secretary Deles and Chairperson Ferrer

spoke before the Senate, they told us it took four years because
everyone is consulted. But Ive been reading the records of Senator
Bongbongs hearing, most of the groups outside the MILF, every time
they speak, ang sabi nila it is their first time to speak and to be
consulted. I dont know for those who are present today in the left and
the right, especially our brother Muslims from Basilan, Tawi-Tawi and
Sulu and the tribes that Sheikh mentioned a while ago.
My concern are three areas.
First, self-determination.
I was
struck. Tinamaan po ako sa sinabi ng mga taga-Sulu na if selfdetermination ang pag-uusapan, why not give them a separate
autonomous region and allow Lanao and Maguindanao to have a
separate autonomous region? So this is something we really have to
think
about
determination.
and
consider
because
even
the
MILF
says
self-
So if the two different groups are claiming self-
determination, sinong masusunod?
Iyong may gusto na isang
autonomous region lang o iyong may gustong separate autonomous

region?
No. 2, national security.
Nahihirapan na po ang military natin
sapagkat mayroon po tayong problema sa China at napakayaman po

noong area na pinagtatalunan natin sa China.
If were going to be
91

CODES
Sglrobles
III-4
May 14, 2015
12:39 p.m.
6
able to harvest the oil, natural gas and other minerals in that area, it
will definitely address many issues of poverty in the nation.
But the military and the police cannot be split three ways:
problema sa China, problema sa Mindanao, problema sa CPP-NPA.
And I think since 2002 ay mayroon tayong peace talk sa MILF. Kung
sinuko sana ang mga terrorists, criminals, kidnap for ransom, gun
running, etcetera, we will not have the problem of the BBL. Pasado na
ito noong isang buwan pa.
But
because
perennially
there
are
skirmishes
with
the
military.../sglr
92

CODES
MPMendoza
IV-4
May 14, 2015
12:49 p.m.
1
SEN. A. CAYETANO. with the military, there are kidnappings

and then the SAF 44, it gives pause to many of the legislators to think,
Just a minute. Is the MILF cohesive? I know they are idealistic and
well-meaning people in the MILF. But are there also people who are
just going to use it as a stepping stone towards cessation or towards
grabbing power? These are legitimate questions, I think, that should
be answered.
Lastly is equity.
Municipal
Mayors
ang
Naka-dalawang taon na po sa League of

mga
representatives
ng
gobyerno
ay
nagsasabing they are against giving the mayors more powers and
against giving mayors and governors a bigger share in the national pie.
So bakit po sa negotiation natin sa MILF payag tayo na 75-25 percent
ang hatian sa Bangsamoro plus another 25 percent na share ng
national government ibibigay sa kanila for 10 years so 100 percent sila
while the rest of Mindanao, Visayas, and Luzon, the local governments
will only get 40 percent?
Bakit ko po ito mine-mention? Wala pong question that may
discrimination at oppression na nadama ang mga kapatid nating
Muslim sa Pilipinas. But in other countries, ang mga indigenous people
at ang mga races o religious groups na na-discriminate, pag sila ay
binigyan ng equity o pantay lang ang binibigay, nagkakaroon ng
93

CODES
MPMendoza
IV-4
May 14, 2015
12:49 p.m.
2
peace. Pero if you give them over and above the rest na binibigay sa
buong bansa, nagkakaroon ng backlash because people will start
saying, What is so special about them? Bakit Kami 60-40? Bakit
sila 75-25 at 100 percent?
To prove my point, 13 out of the 20 poorest provinces in the
Philippines is in Mindanao but Mindanao is the riches island of the
Philippines. Of the 13 poorest, dalawa lang ang nasa ARMM; labing-isa
sa poorest, wala sa ARMM. So kung iyong ARMM at Bangsamoro ay
bibigyan ng additional powers, 100 billion, pero iyong labing-isang
nasa labas ng ARMM ay hindi bibigyan ng additional na pondo at
powers,
hindi
kaya
iyong
labing-isang
probinsya
naman
ang
magrebelde, sila naman ang mag-armas ngayon at magsabing, Ang

gobyerno nakikinig lang naman kapagka may armas ang kausap
namin. Pag walang armas, hindi rin naman kakausapin.
So these are the things that are going on my mind as we try to
keep the open mind. Upon arriving in Zamboanga, I was told that you
have intermittent power shortage. Six to eight hours, nawawala iyong
kuryente.
May I ask clarification from the representatives from OPAPP? If
we follow the BBL, the Bangsamoro and the MILF will control Lake
Lanao and under the draft of the BBL, they will control power
94

CODES
MPMendoza
IV-4
May 14, 2015
12:49 p.m.
3
generation and can increase taxes or add fees. So will this not worsen
the power shortage in Mindanao rather than help the power situation
here?
Can I have a brief answer on that?
Meaning, all over the Philippines power plants and waters, even
hydro, coal and other power generation are not under control of the
local government or of the autonomous region or of the governor or
mayor. How come in the Bangsamoro, we are going to do that? Will
that not worsen the prices of electricity in Mindanao and the power
here in Mindanao?
MS. JAJURIE. Mr. Senator and Mr. Chair, with your indulgence.
Let me just point to the specific provision and I think with respect to
power generation, distribution and transmission, the power of the
Bangsamoro government over these matters will be exclusive when
these activities are done exclusively also within the Bangsamoro. But
when the power generation, distribution, and transmission is done
through connection with the National Transmission Grid, then it is
outside of the exclusive powers because they will have to work with
the central government, taking into consideration the interest, I guess,
of both the central government and the Bangsamoro government.
95

CODES
MPMendoza
IV-4
May 14, 2015
12:49 p.m.
4
SEN. A. CAYETANO.
Yes.
Maam, you are talking about
Section 3, Article V, that if it is connected to the National Transmission

Grid. However, the Mindanao Grid is not connected to the Luzon Grid.
So should I interpret National Transmission Grid to mean
Mindanao Grid?
That if it is connected to the Mindanao Grid, it is
outside the powers of the Bangsamoro?

MS. JAJURIE.
Well, if it is part of the National Transmission
Grid, you mean the Mindanao Grid?
If it is, then it falls under the
second portion of the

SEN. A. CAYETANO. Okay. But now, since it is hydro, they are
rationing water. So if the Bangsamoro government gets an investor,
lets say, from Malaysia, and puts up another hydro plant there and
say, This is exclusively for us but we will channel the water of Lake
Lanao to this plant and not to the Agus, they can do that under the
present Bangsamoro Law. Theoretically, they can do that.
MR. LORENA.
Theoretically, they can.
But remember the
management of the Agus with respect to the local governments in the

area. First, I would like to inform that even during our stint, when I
was the attorney general of the ARMM, there is a law which says that 1
percent of 1 percent of the funds that would be generated from that
water will have to be plowed in to the local governments of the area.
96

CODES
MPMendoza
IV-4
May 14, 2015
12:49 p.m.
5
In addition, under Republic Act 9054, the autonomous region

was also allowed to provide revenue code for purposes of taxing the
resources within the geographical configuration of the autonomy. And
early in 2007, there was this revenue code of the autonomous region
and that 1 percent of 1 percent was also given for the autonomous
region as the host region of the water.
From all those years, the
autonomous region has filed a request for the payment of that. And I
think the Department of Energy, even during the time of Angelo Reyes,
has said appropriately reading of the law with the Department of
Justice that ARMM is the host region and, therefore, could tax that.
But in the course of the operation of the Napocor, it is an
institution of the national government.
was never part and parcel of that.
But the autonomous region
That is why if you look into the
operation of Napocor while there is power generated from the river,

the municipalities within the Lanao area do not have power because
the distribution are given priority to other regions.
I am now based in Bukidnon. We dont have brownouts, similar
to other places because of the contract entered between the
cooperatives in Napocor.
And, therefore, we have a bigger share of
the generated power than other cities.
I have read the contracts of
97

CODES
MPMendoza
IV-4
May 14, 2015
12:49 p.m.
6
many of the cooperatives, it varies.
Therefore, it is really based on
contract stipulations.
Similarly, assuming for the sake of argument that there would be
a power given to the external power for the autonomy, it would still be
managed and it would be managed corporately. Even now, there is a
proposal to organize another hydro in Bukidnon.
That would also
affect the water in the Lanao Lake.

SEN. A. CAYETANO. Yes. Anyway, sir, I take your answer in
good faith.
My point is that, theoretically, they can do that.
And if
they do that, they will be within their rights to do it and to protect their
people.
No. 2, we are not only talking about the power to tax
because Section 3, Article V, talks about regulatory power, the power
to regulate. And even if it is connected to the National Grid, it is still
not an exclusive power of the national government because the last
paragraph says, Shall cooperate and coordinate through intergovernment relations mechanism.
So let me just point out that even in areas like Quezon where the
problem with real property taxation of one power plant that was not
paying and came up to more than 500 million, nag-away ang
Malacaang/mpm
98

CODES
JADela Cruz
I-5
May 14, 2015
12:59 p.m.
1
SEN. A. CAYETANO. nag-away ang Malacaang at ang

provincial government at nagkailangan na mag-ayos and the provincial
government of Quezon did not have powers like this. So anyway, my
point is not just to say its good or bad but to say we have to refine
this segment to assure our people in Mindanao that their power supply
will be there, the prices will not be affected and then to assure the
ARMM or Bangsamoro area that their right of self-determination will
not be affected with the Lanao--with the use of the water of Lake
Lanao.
Sir, can you clarify, please, the role of OPAPP in the appointment
of Commissioner Abbas as commissioner of the Comelec? Did the
OPAPP or the peace panel or your offices nominate him or push him to
be appointed?
MR. LORENA. From what I know, OPAPP has no participation in
the selection of the Commission on Elections precisely because the
appointment is a
prerogative
of the
President. There
was no
endorsement whatsoever by OPAPP with respect to--I think you are

referring to Commissioner Sheriff Abbas.
SEN. A. CAYETANO. Abbas, yes.
MR. LORENA.
And I think,--e dont have. On record, there is
none and we dont have--I have been with the Office of the Executive
99

CODES
JADela Cruz
I-5
May 14, 2015
12:59 p.m.
2
Secretary also before joining OPAPP. And I have inquired because

many of us are also interested to be. But you know, it is within the
prerogative to appoint
SEN. A. CAYETANO. By the President. Yes.
MR. LORENA. the chair or the member of the commission. So
we did not even aspire for that although some of us manifested our
desire to join the Commission on Elections.
SEN.
A.
CAYETANO.
Thank
you
very
much
for
that,
Undersecretary. I asked that question because Mr. Saudi Daranda had

made a good point when he said, Let people decide. Mag-election
tayo. Huwag tayo matakot sa plebiscite at may commitment to
democracy. But for you to have a commitment of democracy,
kailangan patas ang laban. Meaning, hindi ka lalaban sa basketball na
iyong referee ay kakampi sa isa. So kung pamangkin na buo ni
Chairman Iqbal na ang tunay na pangalan ay Abbas, ang referee ay
Comelec--ay pamangkin niya, how can we assure the people who are
going to run against the MILF that they will be fair? But there is a more
important reason why I bring that up. Section 9, Article VI of the
Bangsamoro Law says, It shall be the policy of the central
government to appoint competent and qualified inhabitants of the
Bangsamoro in the following offices of the central government, at least
100

CODES
JADela Cruz
I-5
May 14, 2015
12:59 p.m.
3
one cabinet secretary, at least one in each of the other department,

offices and bureaus holding executive primarily confidential, highly
technical policy determining positions, and one commissioner in each
of the constitutional bodies. So if the OPAPP was not the one who
pushed Commissioner Abbas and the spokesperson of the palace
already said Hindi, that means that may parating pa tayong isa pang
commissioner na galing sa MILF. So dalawa sa pitong commissioner
ang manggagaling sa MILF. Because under the law, as crafted and as
agreed upon by the MILF and the peace panel, the MILF will
recommend to the government and the President shall appoint one
commissioner from the Bangsamoro.
Yes, go ahead, sir. May problema yata sa mike.
MR. LORENA. I think the Commission on Elections works as a
collegial body and if you look at the composition of the Commission,
you only--as of the moment, one representative from the area. And if
the thesis is that because there are people there, then we would not be
able to anticipate a proper and honest election for Muslim candidates
and I hope that is not the reason why we dont have senators. Thats
the thesis. But I think what is important is whether he has the
qualification. The other second part of the question is it is a policy.
SEN. A. CAYETANO. Yes.
101

CODES
JADela Cruz
I-5
May 14, 2015
12:59 p.m.
4
MR. LORENA. In fact, even in Republic Act 9054, there is a

provision on representation in the all organs of the government by
people from Southern Philippines. But nonetheless, despite that
provision, the President has still the prerogative to choose. In fact, all
these years, there were no appointments to the Supreme Court. In
fact, now, we dont even have a Court of Appeals judge, with the
retirement of Justice Hakim Abdulwahid because that matter is a
matter of policy, subject still to the discretion of the President who is
the appointing authority.
Thank you.
SEN. A. CAYETANO. With also due respect, Undersecretary, I
am almost 23 years in government and it only takes one commissioner
na maglakad sa Commission at yari ka na. Everyone who practiced in
the Comelec knows that. But I believe in the integrity of the people
there now. But my point is not that Commissioner Abbas is a Muslim.
Dont get me wrong. I would not mind that all commissioners and the
chairman are Muslim because I do not look at their religion. What I am
pointing at is that, if the MILF is going to participate in an election,
dapat iyong referee hindi sila ang naglagay at hindi kamag-anak ng
kanilang chairman. Kasi kung hindi, kawawa naman iyong lalaban sa
kanila. I mean, kung ako lalaban ng presidente, papayag ba kayo na
102

CODES
JADela Cruz
I-5
May 14, 2015
12:59 p.m.
5
pamangkin o pinsan ko ang gawin kong chairman ng Comelec, hindi

ba? You may like me, you may not like me. If Senator Bongbong is
going to run for President, would we want Governor Imee as the
chairman of the Comelec? Because this is the second point that I would
like to make. While Mr. Saudi Daranda is correct in self-determination
and commitment to democracy, if you read the BBL as drafted, there is
no guarantee of an election. Why? On the day that it is ratified by the
plebiscite,
the
MILF
takes
Bangsamoro Transition
over
and
Commission.
will
No.
2,
be
appointed in
they
will
be
the
given
reasonable time to have a transition plan. Pero wala sa batas if it is

one day or 10 years. So pwedeng sabihin ng MILF, Sandali lang, hindi
pa kami ready. Limang taon tayo walang election, limang taon silang
mamumuno sa Bangsamoro na hindi naman sila elected. And my last
point, they will have the money, they will have the Comelec, they will
be incumbent and there is no guarantee that wala na silang baril at the
time of the election. So dont get me wrong, ladies and gentlemen.
Kung mananalo ang MILF sa election, ako mismo magsu-swear in sa
kanila kung gusto nila, ako mismo ang kakamay sa kanila, ako mismo
ang magsasabi ng, What can I do for you? If they win fair and
square. If they campaign like any other Filipino, Christian or Muslim.
But if they are going to win because sa kanila ang Comelec, theyre
103

CODES
JADela Cruz
I-5
May 14, 2015
12:59 p.m.
6
going to win because binigyan sila ng isang daang bilyon ng gobyerno,

theyre going to win because nakaupo sila. What if the BIFF now tells
us that we have something better than the Bangsamoro Law? Because
ganoon po ang nangyari. When we had the first ARMM, hindi sumama
ang MNLF dahil hindi raw okay ito. So we had the expanded ARMM and
pumasok ang MNLF, si Chairman Nur. And then ngayon naman, ayaw
naman ng MILF, so we are giving them a different form. So paano
kung next time BIFF naman ang wala? But, Mr. Chairman, I dont want
to take up all the time because may mga magsasalita pa. But may I
pose these questions to OPAPP and the BTC, if you want to answer it
now briefly, but we will have two hearings in the Senate where you
canBut I think these provisions have to be clarified so that people in
Bangsamoro area will be assured that their leaders are their elected
leaders and hindi dahil may baril sila, bibilhin ang peace at ibibigay
sa kanila.
Yes, sir.
MR. CAMLIAN. Mr. Chairman, good afternoon.
Assalamu
alaikum wa rahmatullahi wabarakatuh.

I just wanted to react to the statement of Senator Cayetano
regarding Abbas and Iqbal. Id like to inform that the MILF have the
central committee, a collegial body. Even if Iqbal wanted to run, if this
104

CODES
JADela Cruz
I-5
May 14, 2015
12:59 p.m.
7
collegial body will not put him as a candidate, he will never be a

candidate. So we cannot be sure who should be the candidate of the
MILF.
SEN. A. CAYETANO. Commissioner, can I ask you a question?
MR. CAMLIAN. Go ahead, please.
SEN. A. CAYETANO. Kung maglaban ang MNLF at MILF sa Sulu
or sa
Basilan or sa Tawi-Tawi, do you think the pamangkin of
Chairman Iqbal will side with the MNLF?

MR. CAMLIAN. I am not a politician, Mr. Senator, and you are.
SEN.
A.
CAYETANO.
Bakit
hindi
ba
human
nature,
Commissioner
MR. CAMLIAN. Is one commissioner/jadc
105

CODES
CFDriz
II-5
May 14, 2015
1:09 p.m.
1
MR. CAMLIAN. Is one commissioner decides any result in the

Comelec? I dont think so.
SEN. A. CAYETANO. He can influence the whole Comelec.
Would you allow my brother to be a commissioner in the Comelec if I
am running for President? Do you think that is fair?
MR. CAMLIAN. If he can qualify and the president will appoint
him, why not?
SEN. A. CAYETANO. Anyway, I will not argue with you,
Commissioner. But everyone knows what lutong macau is. And if you
have a relative in Comelec, it will give undue advantage to them.
MR. CAMLIAN. Mr. Senator, this is why we want to have this
BBL. This is why we fought, this is why we have revert against this
government. You know, I have spent 52 years of my life because we
want to correct injustices, we want to correct systems.
Now if we
want to maintain the same systems, then the same status quo, then
we are not getting anywhere. This is why we want the BBL passed, we
want to change for good.
SEN. A. CAYETANO. Commissioner, who wants to remain the
status quo?
I want the money out of Manila to go to the different
provinces. But I dont want it to go to only BBL. I want it to go to

Zamboanga, I want it to go to CDO, I want to go.
106

CODES
CFDriz
II-5
May 14, 2015
1:09 p.m.
2
Commissioner, let me finish lang po.

Were not changing the system for all Filipinos.
We have
changed the system already in ARMM three times. We had the Tripoli
Agreement then we had during President Corys time, President Ramos
time and were taking up the BBL now. Thats why we are attending
now. We want to do it. Ang problema po hindi iyon. My question was
not about the BBL.
My question is if the MILF is committed to fair
elections, kahit na pitong commissioner na Muslim, payag po ako pero

huwag po iyong kamag-anak ng MILF kasi hindi po patas iyon.
MR. CAMLIAN. That is also unfair.
President has his own prerogative.
You know why?
The
He has his own discretion to
appoint whom he wishes to.

SEN. A. CAYETANO. So payag po kayo sa susunod na laban ni
Pacquiao, iyong referee kakampi po ni Floyd Mayweather?
May
prerogative po iyong sa boksingero kung sino ang ilalagay na referee.

Ang ilalagay nating referee kakampi ng ano. I think we should have a
fair election, sir. if not, then the MILF is not committed to democracy.
Theyre committed to winning. Being committed to winning and being
committed to democracy and to fair elections are two different things.
MR. LORENA. Just a quick response.
Just to put the
perspective right. If I am made to believe that the good Senator,
107

CODES
CFDriz
II-5
May 14, 2015
1:09 p.m.
3
politicians are elected because of the manipulation ako of the Comelec.

Because if that is the case, all those who won in the protest are by
institution, which is being corrupt.
That is the assumption that we
have now.
THE CHAIRMAN (SEN. MARCOS). Usec Lorena,
you have
started to cast us aspersions on the honesty of the Senator here and I

think that that is not helpful in any way.
He has not made any
personal attacks on you but we are getting a response where you are
questioning now the mandate that Senator Cayetano received in his
last election.
Let us please stay away from that and discuss the subject at
hand.
These personal attacks which we have all received, all of us
who are involved in this BBL have not helped the process at all and, in
fact, just delay and make more confusing what the issues truly are.
So let us try and stay within the issues at hand and keep away from
making implications as to ones election in the last election.
MR. LORENA. Thank you, Mr. Chairman. My apology but I just
like to correct. Its about the Comelec-SEN. A. CAYETANO. No, no, I get your point. But let me tell
you this.
In 2007, there were people in the Comelec who tried to
make me lose.
May kapangalan na pinatakbo sa akin iyong
108

CODES
CFDriz
II-5
May 14, 2015
1:09 p.m.
4
administration and they disqualified them and then they told all the
Comelec, Huwag ninyong bilangin pag Cayetano kasi dinis-qualify
namin pero five days to appeal.
So I know how it is na lumalaban ka
pero iyong Comelec hindi patas. So Im not saying that Commissioner

Abbas will not be fair.
What Im saying is, let us let the MILF
participate in the election fairly.
Huwag po natin bigyan ng undue
advantage para walang mag-question.
Eh kung manalo
MILF pero
nakaupo sila, ang Comelec sa kanila, ang pera nasa kanila, ang armas
nasa kanila, walang maniniwala na kaya sila nanalo because sila ang
gusto ng mga tao sa ARMM.
Bu anyway, I will stop there because its part of the discussion
how to enhance this law so that ma-embrace natin. I want to correct
the injustices of the past but you cannot correct the injustices of the
past by having an injustice now.
Anyway, let me stop there, Senator Marcos, dahil marami pa
poThank you.
MR. LORENA. Thank you, Mr. Senator. I would support that so
that we could put in place a mechanism that would assure clean and
honest election in the country. In fact Im intending to run myself so
I have to be assured of a good Comelec.
109

CODES
CFDriz
II-5
May 14, 2015
1:09 p.m.
5
SEN. A. CAYETANO. So for example, Usec, lets appoint

Commissioner Abbas after the Bangsamoro election para walang magquestion kung kanino ba siya kakampi. So that is my personal view.
If you do not agree, Commissioner, I respect your opinion but please
forgive me for feeling strongly because of this because I have been a
victim many times of a biased Comelec but it is not against the MILF.
I am talking about human nature.
MR. CAMLIAN. There is no need for apology, Mr. Senator.
just wanted also to impress upon you that it is the discretion of the
President to choose whom he wishes to appoint.
THE CHAIRMAN (SEN. MARCOS). Thank you, Commissioner
Camlian and Usec Lorena for that exchange.
These issues are new
because of the nomination and appointment of the new commissioner

of Comelec who, it turns out, is an Abbas and is the nephew of the
chief negotiator on the MILF peace panel. You please will be patient
with us but you must understand that this stirs up many doubts,
misgivings, concerns. And these concerns must be aired as this is a
public hearing and we are allowing all of anybody elses concerns to be
heard.
So let us keep the debate and the discussion at an elevated
and intellectual level.

So thank you very much.
110

CODES
CFDriz
II-5
May 14, 2015
1:09 p.m.
6
At this point, I have not yet taken up interventions from the

floor. We are going through those who are in position--If you would
like to register your desire to speak later on, please do so and we will
call upon you when the time comes.
I would now like to make some interventions, Congressman
Celso Lobregat.
Congressman Lobregat, please.
REP. LOBREGAT.
Senator
Cayetano,
Mayor
Beng
Climaco,
Senator Marcos,
Governor
Jum
Akbar,
Congresswoman Lilia Nuo.

Actually, Congressman Lagdameo, Congressman
Nuo and I,
have been invited by the Senate to be part of the resource persons in

this Senate hearing.
Let me, for the record, no law passes if it does not pass the
House of Representatives and the Senate. In fact,
in all legislation,
you can see senators and congressmen working together on vital

legislative measures. So for us, congressmen that are here, it is an
honor and a privilege to be invited to this Senate hearing on the BBL.
Having said that, I have always said in our congressional
hearings that I am for peace. I am not anti-peace but we need a BBL
111

CODES
CFDriz
II-5
May 14, 2015
1:09 p.m.
7
(Bangsamoro
Basic
Law)
that
is
just,
that
is
fair,
that
is
implementable or feasible/cfd
112

CODES
Sglrobles
III-5
May 14, 2015
1:19 p.m.
1
REP. LOBREGAT.
implementable or feasible but most
important, a BBL that is consistent with the Constitution and the

existing laws.
Having said that, the House of Representatives is already
supposed to vote on Monday on the individual provisions.
Each
congressman and congresswoman has already submitted or, more or

less, proposed the individual amendments, revisions, additions or
deletions.
For the record, I have gone through earlier in this meeting, I was
working together with Congressman del Rosario, we were looking at
the consolidated draft and, for the record, I will tell you that I have
137 amendments for deletions or additions to the Bangsamoro Basic
Law.
But just to concentrate on the issues that were taken up today.
The issue of self-determination which is in the preamble. More or less,
I have even proposed a new section which involves the definition of
terms. And in the definition of terms, I say internal self-determination
shall refer to the peoples pursuit of its political and economic social
and cultural development within the framework of existing state and
shall not be construed as a right to unilateral recession or declaration
of independence.
113

CODES
Sglrobles
III-5
May 14, 2015
1:19 p.m.
2
You see, you really have to make a difference between internal

self-determination and external self-determination. What distinguishes
the two is, one, colonization and that the rights and freedoms of the
people are being suppressed.
Unfortunately, that is found in the
preamble. In the very preamble, it says recognizing the rights for selfdetermination recognizing the struggle for freedom of their forefathers
from past generation up to the present. If that is placed in the law,
more or less, it is now the Philippine government that is the one
suppressing the rights.
Also in the definition of terms, as I mentioned earlier, we are
proposing contiguous areas shall refer to land areas which are
adjoining or adjacent to each other, water and contiguity by air does
not apply. Para malinaw. Okay.
In the issue of rejoining the territory, in letter (d) it says, All
contiguous areas where there is a resolution of the local government
unit or a petition of at least 10 percent... In the House, I have
proposed that we delete areas and instead of areas put, see
provinces and cities, to make it clear that it is not any local
government unit but it can only be provinces and cities joining the
Bangsamoro.
As such, we are proposing the deletion of the opt-in joining any
114

CODES
Sglrobles
III-5
May 14, 2015
1:19 p.m.
3
time, that we are proposing to delete.

delete, inland waters.
Why?
We are also proposing to
Because as stated in the position of
Zamboanga City, inland waters should be the same for all municipal
governments. It should be 15 kilometers and not 22.2.
Further than that, talking about the constitutional issues, it is our
proposal, my proposal, that we put now energy into the reserve
powers of government. Not only energynational, regional and local
elections, auditing, civil service, human rights, quarantine, and land
and air transportation. In effect, we are proposing, I am proposing, to
remove under the concurrent powers quarantine, auditing, civil
service.
Now, we also are proposing for the deletion of that section
brought out by Senator Cayetano on the exclusive powers of the
Bangsamoro for them to have the right to regulate power generation,
transmission and distribution as we are now proposing that this be now
put under the powers of the national government.
Now, there is also a provision in the intergovernmental relations
that allows the Bangsamoro to extend assistance to communities
outside the Bangsamoro.
We are proposing that the national
government should really help all the Bangsamoro communities but it

should be done with the National Commission of Muslim Filipinos and
115

CODES
Sglrobles
III-5
May 14, 2015
1:19 p.m.
4
not the Bangsamoro. That is the mandate of the National Commission

of Muslim Filipinos.
Anything to do with elections has to be with the national
government. Why? You see, there was the debate or there was the
discussion earlier but under the BBL there is Section 9 that says
Bangsamoro Electoral Code, that says Bangsamoro Transition
Authority shall enact the Bangsamoro Electoral Code. There is hereby
created a Bangsamoro elective office which shall be part of the
Comelec and which shall perform the functions of the commission.
Comelec is a constitutional body.
Congress cannot legislate what a
constitutional body can do or should do.

So, in fact, if you look at the functions of the Bangsamoro office,
it will register and accredit regional political parties in relation to the
plebiscite for joining the Bangsamoro.
Receive petitions, these are
petitions from areas outside the Bangsamoro so why should the

Bangsamoro be the one to receive the petition. Schedule the plebiscite
for expansion, that should be Comelec.
And then it says, prepare
rules and regulations for the Bangsamoro election. It should only be

Comelec that should prepare the rules and no regional office.
So when it comes to issue of SPDA, we are proposing to delete
that section on SPDA and puttogether with Congresswoman Lilia
116

CODES
Sglrobles
III-5
May 14, 2015
1:19 p.m.
5
Nuo, it says, All lands and permanent buildings or structures owned

belonging to the SPDA located in provinces and cities not forming part
to the Bangsamoro shall be transferred sold, conveyed, donated to the
local government units wherein these properties are located and have
signified intention of the same.
Again, in the other sections, we are also proposing under
economy and patrimony, the deletion of the zones of joint cooperation
that was brought earlier.
Also the deletion of the body of zones of
joint cooperation and also Section 20 to delete the section on the

exploration, development and utilization of non-living sources in the
zones of joint cooperation and also to delete the section on inland
waters concerning the plebiscite under Article XV. This is the plebiscite
to join opt-in any time. Again, we are proposing to delete it and then,
very important, especially for Zamboanga City, there is the provision
under Republic Act 9054 that says, Any government, all properties,
located in areas that are outside of the ARMM should be purchased by
the national government and sold to the local government.
We are
proposing that that be now retained in the BBL law.

So again, you can see that Congresswoman Lilia Nuo and I are
working to make sure that we are fighting for the interest of
Zamboanga City, doing what is best for Mindanao, upholding the
117

CODES
Sglrobles
III-5
May 14, 2015
1:19 p.m.
6
Constitution and protecting Republic.

Thank you very much, Senator Marcos.
Congressman Lobregat.
He has given us a glimpse of the discussions that we are having
both in the Senate and in the House and some of the possible
remedies that we see will answer the challenges that have been made,
not only to the constitutionality of the draft Bangsamoro Basic Law but
also on the different aspects. I think much of his discussion centered
around this nature of asymmetrythe nature of asymmetry which it
turns out is not about the asymmetric relationship so of the national
government and the local government so much as the lack of
symmetry/sglr
118

CODES
MPMendoza
IV-5
May 14, 2015
1:29 p.m.
1
so much as the lack of
symmetry with other local government units.

Now, by necessity because the regional government of the
Bangsamoro is going to be a different kind of local government than
any other local government we have, then we will necessarily have to
have a different arrangement between the Bangsamoro government
and the national government.
However, it is still important that we keep that asymmetry as
little as possible for the simple reason that we do not recognize that
one area of the Philippines requires more help than another area of the
Philippines. I would then argue that the Ilocos regions should receive
more IRA than the Mindanao regions. I dont know how that case has
been made. But it is something that as a practical matter simply we
will not be able to enforce and we simply cannot explain what are the
guiding principles for doing such a thing. That is why the attempts to
clarify that relationship between the Bangsamoro government and the
central government center around, bringing the nature of that
relationship closer to the relationship between regular LGUs and the
national government and that, I think, is the attempt that the
amendments and the deletions and the additions that Congressman
119

CODES
MPMendoza
IV-5
May 14, 2015
1:29 p.m.
2
Lobregat and Congresswoman Nuo have proposed are directed

towards that.
Because the local governments in all parts of the
Philippines are wondering why is it that they do not get the same kind
of sharing, for example, in the national wealth, that they do not get a
block grant that is being proposed for the Bangsamoro government.
All of these, even the police powers, even now the Comelec and the
COA and the Civil Service, even the offices of the Ombudsman, the
CHR, all of these are very special to the Bangsamoro government and
these proposals we have seen are causing a great deal of anxiety for
our other local governments. And the proposition has been said that
Kung ganyan lang, mag-secede na rin kami para sabihin ng national
government, Huwag kayong mag-secede. Ito ang gagawin natin sa
inyo; pareho doon sa ibang lugar. Now, of course, that is only a joke
but the principle that is being put forward is clear that we must
equalize the treatment of all local governments. And after all, is that
not what our Muslim brothers are asking from us?
I heard today from one of the leaders of Muslim Mindanao say,
Do not treat us like Muslims. Treat us like Filipinos. That is a very
important point to be made. Is it not after all what we are trying to
achieve here, an equality, a parity in the way that the national
120

CODES
MPMendoza
IV-5
May 14, 2015
1:29 p.m.
3
government treats these areas? One of the challenges that our Muslim
brothers
and
sisters
have
presented
to
us
is
that
they
are
underrepresented. The other one is that they are underdeveloped. All

of these are valid and that is why the answer for that neglect and for
that lack of focus on Muslim areas must be done by the national
government. It is the national government that has fallen behind. In
the development of Muslim Mindanao, it must be the national
government that will accelerate the development in Muslim Mindanao.
The different functions of the national government still need to be
exercised by national government and, therefore, once again, we are
proposing, as proposed by Congressman Lobregat, as will be proposed
in the Senate, that we equalize the treatment, that we equalize the
relationship between the Bangsamoro government and the national
government vis--vis the relationship between other local government.
Therefore, in that way, we can say proudly we have achieved the equal
treatment of all citizens in the Philippines, be they Christian, be they
Muslim, be they Ilocano, be they Visayan, whatever they are so long
as they are Filipinos, we treat them equitably. This is the goal of the
Committee and the Senate.
So thank you very much.
121

CODES
MPMendoza
IV-5
May 14, 2015
1:29 p.m.
4
I am handed a further list of position papers that would like to be

heard. I would like now to call on Mr. Macksu Magang of the Southern
Immediate Action for Prosperity and Harmony Network (SIAPAHAN).
Is Mr. Magang here? Is he ready to make his presentation? Yes,
good.
Mr. Magang, you have the floor.
MR. MAGANG.
A'uzu Billahi Minashaitanir Rajim. Bismillaahir
Rahmaanim Raheem.
Honorable Chairman of the Committee, Bongbong Marcos; the
one who regarded the Moro as terrorists, whom we regarded now as
anti-Moro, Senator Cayetano; Congressman Celso Lobregat, the very
defender of the Zamboanga City coast with City Mayor Beng Climaco,
who is also a good defender of the Zamboangueo coast, to other
honorable, peace be with you and to my brothers in Islam and sisters
in Islam, Assalamu alaikum wa rahmatullahi ta Allah wa barakatuh.
Since
this
morning,
we
have
been
talking
all
about
constitutionality, basis on the Constitution with reference to the

provisions or articles, citing articles, and sections.
Ladies and gentlemen, everybody since this morning seems to be
speaking about constitutionality. But let me remind you, you almost
122

CODES
MPMendoza
IV-5
May 14, 2015
1:29 p.m.
5
forgot history. You almost forgot history. May I please allow to state
this phrase? This land is mine. God gave this land to me. No one
can deny that. Mindanao was given by Almighty Allah to the Mindanao
people, not to the Luzon people, not to the Visayan people, nor to the
colonizers and the descendants of the colonizers. [Applause]
And who are those, given by Almighty Allah in Mindanao? It is
we now, the Bangsamoro today, be they Christians or Muslims.
Ladies and gentlemen, the public hearing today is to hear
everybody, entertain everybody.
Hopefully, the two gentlemen
Senators may be fair in dealing. Do not just listen to the powerful, the
men in authority.
What I mean is the congressmen and the city
government with the local city council.
Take heed also to the
grassroots, to the voice of the Bangsamoro. /mpm
123

CODES
JADela Cruz
I-6
May 14, 2015
1:39 p.m.
1
MR. MAGANG.
to the voice of the Bangsamoro. Let me
remind you, the voice of the city government is not the voice of the
entire Zamboanga City. It is not the voice, that is their own opinion,
with their own companions. We have thousands of Bangsamoros in
Zamboanga City who will support and will go in supporting the
Bangsamoro Basic Law. Let me or allow me to state some prejudices in
equality dealt by the city government. When the Bangsamoro stated,
they maligned us as MILF, they denied any Bangsamoro programs by
the foreign donors. I will cite sample. JICA had awarded solar dryer in
Landang Laum through Bangsamoro Development Authority. Because
of the word Bangsamoro, the city government deprived that right of
benefits to Landang Laum of Sacol island.
THE CHAIRMAN (SEN. MARCOS). Mr. Magang.
MR. MAGANG. On the record, it was placed.
THE CHAIRMAN (SEN. MARCOS). Mr. Magang.
MR. MAGANG. Yes.
THE CHAIRMAN (SEN. MARCOS). Can I call you to order,
please? We have wandered away from the subject matter.
MR. MAGANG. Okay. Now, I was just-THE CHAIRMAN (SEN. MARCOS). Allow me, please, to speak.
MR. MAGANG. Yes, Senator.
124

CODES
JADela Cruz
I-6
May 14, 2015
1:39 p.m.
2
We have wandered away
from the subject of the Bangsamoro Basic Law. We need to hear

there is a time and a place for
MR. MAGANG. I was just giving an introduction.
THE CHAIRMAN (SEN. MARCOS). Mr. Magang, I will have to
call you to order. You must allow me to speak. I chair this hearing.
MR. MAGANG. Go on, sir.
Please restrict your
comments to those that are directly relevant to assisting the

Committee on Local Government on making proper changes and
amendments to the Bangsamoro Basic Law. So again, as I have asked
some of the other speakers, what are the conclusions and suggestions
that you have for the Committee, so that these concerns of yours are
incorporated into the Bangsamoro Basic Law. So with that in mind,
please, Mr. Magang, go ahead.
MR. MAGANG. Thank you, sir. Thank you.
I was just in an opening. Anyway, we will go to that. What I have
just stated is about to suggest that let the national government also
remind the local government that the Bangsamoro people elsewhere in
Mindanao, especially in Zamboanga, are also Filipino citizens, thereby I
will suggest that we will be given equal treatment in employment, in
125

CODES
JADela Cruz
I-6
May 14, 2015
1:39 p.m.
3
benefits.
Massive
unemployment
is disregarded
in
Bangsamoro,
especially to the non-Chabacano speaking in Zamboanga City. We are

suggesting it to the national government in your presence, Your Honor.
Again, Mr. Magang, what
does this have to do with the Bangsamoro Basic Law? I think there are
sufficient fora within the city government where your complaints can
be aired. Again, we need to hear from you as to what your suggestions
are for the Bangsamoro Basic Law. I do not mean to cut you off. But
again, time is at a premium and so we need to get to the heart of your
argument. What do you suggest? Because of your experience, because
of the shortcomings that you have explained, what do you suggest that
we do in the Committee regarding the BBL so as to address those
concerns?
MR. MAGANG. Okay, my suggestion is this. Through BBL, that
is why we will support BBL. Be Zamboanga City included or not, we
shall be given equal treatment by the national government through
that basic law and the city government also. They must treat us equal
inasmuch as we are still Filipino. That is one suggestion. Because
elsewhere in the city, if without Bangsamoro Basic Law, even the
offices that have Bangsamoro related programs, they were trying to
erase. They will not allow the existence of this office. I will cite one.
126

CODES
JADela Cruz
I-6
May 14, 2015
1:39 p.m.
4
The Sajahatra Bangsamoro office run by OPAPP in partnership with the

MILF Sajahatra Bangsamoro were advised to vacate their office. You
can now see in Suterville, they do not exist anymore. And the benefits
of the so-called cash for work, there were 100 beneficiaries given by
the MILF through this Sajahatra Bangsamoro government, it was
stopped by Celso Lobregat. He even made a statement that he will not
approve
Mr. Magang, thank you
very much. These are all terribly important, but this is not the forum
for you to bring up issues against the leadership of Zamboanga City
that are not to do with the Bangsamoro Basic Law. I think that if you
have complaints to the city or to the district of your representatives,
then you can make them known in other fora. There are other public
hearings that are being conducted. We are here concerned today with
the Bangsamoro Basic Law. And the hearing process is part of the
legislative process. We listen to as many quarters as we can. That is
why we will definitely welcome any suggestions that you may have for
the Bangsamoro Basic Law, any conclusions that you have arrived at.
But I think that because you have made some very serious allegations
in your talk, I think we will first have to allow the mayor to answer
some of the things that you have said. Please, Madam Mayor, Mr.
127

CODES
JADela Cruz
I-6
May 14, 2015
1:39 p.m.
5
Congressman, Mr. Magang, please keep it brief because I am just

taking a very liberal interpretation of our rules as this is not really part
of our discussion. But nevertheless, nandiyan na tayo. So I give the
floor to Mayor Beng Climaco.
MS. CLIMACO. Thank you very much, Mr. Chair.
I know that there are rules prescribed by the Senate and this
particular point should not be really in the venue. But we need to
defend the city of Zamboanga. Since September 2013, the city
government of Zamboanga has never ceased in extending help for all
those internally displaced people even up to now. When I went myself,
I wonder if the gentleman went to Landang Laum himself, I have
spoken and reached out to the barangay chairperson. And they did not
want to accept the solar dryer precisely because they seem to note
that the local government is already providing for them and weve
coordinated with Congresswoman Lilia Nuo who
is the direct
representative of District 2. Secondly, with regard to the Sajahatra

Bangsamoro
Foundation,
let
it
be
known
that
there
was
no
coordination at all in the local government unit. Republic Act 7160

provides the authority of local government and the mandate of the
people under the local chief executive to run the city. And I have
received a letter from OPAPP stating precisely that there was an
128

CODES
JADela Cruz
I-6
May 14, 2015
1:39 p.m.
6
oversight in coordination. The people of Zamboanga, particularly the

elected officials, are given a mandate to run and we do what is best for
our citizens: the Christians, Muslims and Lumads. So if you have any
complaints about the way we function and run the city, again, you are
cordially invited to go back to city hall and lets talk about it.
Muchas gracias.
THE CHAIRMAN (SEN. MARCOS). Thank you, Mayor Climaco.
And now, since he has been named, it seems that it is only fair
that we allow Congressman Lobregat to at least respond in part to
some of the things that have been said.
Congressman.
REP. LOBREGAT. Thank you very much, Senator Marcos.
Actually, when I learned about the implementation of this project
in the City of Zamboanga, five barangays in the City of Zamboanga
were named as MILF communities. Thats why I said, there are no
MILF communities in Zamboanga City. In fact, the barangay officials of
these five barangays were complaining and so was the mayor, that
there was no coordination/jadc
129

CODES
CFDriz
II-6
May 14, 2015
1:49 p.m.
1
REP. LOBREGRAT.
that there was no coordination--the
barangay of Kawit, the barangay of Baliwasan, the barangay of Sta.

Catalina, the barangay of Tulungatung. So that is why I said, relating
now to the BBL, I said the intergovernmental relation, definitely we
should help all Muslims throughout the Philippines.
But it should be
done, and it is the mandate of the National Commission on Muslim

Filipinos, not a function of the ARMM, not a function of what is going
to be the Bangsamoro.
And talking about history, in a paper of Dr.
Alan Ortiz, he says that before the coming of Islam in the 1400s,
nobody was a Muslim. Nobody was a Muslim in the Philippines. They
were all Manobos, Bagobos, Tirurays, TBoli. No.
Now, the Bostons
came. Many of the Filipinos were Islamized. Then the Spanish came.
Then the Spaniards also Christianized.
But this is not especially for
relating now to the BBL, it says identity of the Bangsamoro.
Those
who were inhabitants from the time of conquest and colonization, I

think that is something to be corrected. Whose conquest and whose
colonization are we talking about? Because those living in Mindanao
were the original inhabitants. There were no Muslims, there were no
Christians. In fact, I will tell you that in his paper, Dr. Alan Ortiz says
the term Bangsamoro was first used, I think, in 1935 when 120
datus of Lanao wrote FDR, the President of the United States, Franklin
130

CODES
CFDriz
II-6
May 14, 2015
1:49 p.m.
2
Delano Roosevelt, asking that they be part of the United States. They
wanted to be the 49th state of the United States. They did not want to
be part of the Philippines. This was the Commonwealth period. And
after that, the next time the word Bangsamoro was used was in
1968, that time when there was this manifesto for independence.
There was no mention of Bangsamoro in the Tripoli
Agreement, no
mention of Bangsamoro in the final peace agreement. And now, the

Bangsamoro started to resurface in the failed MOA-AD that was
declared unconstitutional and contrary to law by the Supreme Court.
So lets put everything in proper perspective.
Thank you, Congressman
Lobregat.
No, I think we have ventilated both sides of the question
sufficiently. I am sorry, we cannot proceed. I would like to return to
the hearing on the Bangsamoro Basic Law.
And to do that, I would
like to call now Muhammed Hussain Nassir Abdul Ramman of the Sulu
Moro Reform Solidarity Organization. Im sorry, Mr. Magang, but this
is the procedure that we have decided to follow.
So Mr. Abdul
Ramman, are you here and are you prepared to make your
presentation?
131

CODES
CFDriz
II-6
May 14, 2015
1:49 p.m.
3
Since he is not here, we will move on to the next speaker. We

call on Muhammad Nur of the Interfaith Council of Leaders. You are
Mr. Mohammad Nur? Yes. So please, proceed.
MR. AJIHIL.
Magandang hapon po, Kagalang-galang na
Senator Ferdinand Bongbong Marcos Jr.; Mayor Maria Isabelle

Climaco Salazar; the honorable fighter of Zamboanga, my good friend,
Congressman Celso Lobregat; Congresswoman Ka Lilia Nuo; our good
representative,
Province
of
Antonio Lagdameo; the honorable governor of the
Basilan,
Maam
Governor
Jum
Akbar;
people
of
Zamboanga City and this part of Southern Philippines, good afternoon.

I am Muhammad Nur Ajihil.
I am a member of the Interfaith
Council of Leaders of the Silsilah Dialogue Movement which is headed

by Father Seb DAmbra. I am also the president of the Independent
Press
of
Zamboanga
Peninsula,
Inc.
and
member
of
the
Confederation of Bangsamoro Associations in Western Mindanao.

Kagalang-galang na Senador Bongbong Marcos, ako po ay lubos
na nagpapasalamat sa inyong abang lingkod na nandito po ako
ngayong hapon na ito para po maipahayag at maipaabot sa inyo ang
aking damdamin, ang aking sentiment bilang isang mamamayan,
kapatid Muslim na nandito po ngayon na naninirahan sa Asias Latin
City, Zamboanga Hermosa, ciudad de las flores.
132

CODES
CFDriz
II-6
May 14, 2015
1:49 p.m.
4
Mayroon po akong limang nailagay na talking points dito.
At
kung inyo pong mamarapatin at inyo pong pahihintulutan na akin pong

basahin para po marinig ng lahat na nandito ngayon sa public hearing
na ito ng Senate Committee on Local Government on Senate Bill No.
2408, otherwise known as the Bangsamoro Basic Law. Pwede po bang
basahin ko ito, Kagalang-galang na Senador?
THE CHAIRMAN (SEN. MARCOS). Yes, please, as quickly as
possible.
MR. AJIHIL. Marami pong salamat, the Honorable Senator, the
good Senator Bongbong Marcos.
Assalamu alaikum wa rahmatullahi taAllah wa barakatuh.
Greetings of peace to all. Nandito po ako para ipahayag at ipaalam sa
ating Senador Marcos at kanyang mga kasapi--Sana po nandito si
Senator Alan Peter Cayetano para marinig din po niya ang aking
sasabihin kasi akala ko po hindi siya aalis-THE CHAIRMAN (SEN. MARCOS). Asahan ninyo maririnig po
niya ang inyong sasabihin.
MR. AJIHIL.
Maraming salamat po.
Importante po marinig
niya at saka alam niya kasi alam ko po sa mga hearing na nakikita ko

sa TV, siya po ay lubos na kumokontra sa BBL. Ako po ay nagtataka
133

CODES
CFDriz
II-6
May 14, 2015
1:49 p.m.
5
siya poy halal ng bayan, bakit po niya kinokontra ang BBL? Kung ang
kanya pong hangad-THE CHAIRMAN (SEN. MARCOS). You put me in the position
of having to explain that. I think the gentleman from Taguig, Senator
Peter Cayetano, just explained that he is not--I have been accused of
the same thing.
anti-BBL.
Pareho din.
Kung minsan may nagsasabi, ako ay
Kung anti-BBL ako, hindi ko na kinonduct (conduct) itong
mga hearing. Hindi na nakipag-usap kahit kanino, sinabi ko na lang

na hindi ko tatrabahuhin itong BBL. So what we have tried to make
people understand is dapat pag-aralan ninyo na mabuti ang ibinigay
ng Pangulo sa Kongreso na draft BBL.
At kung babasahin ninyo at
pag-uusapan at mauunawaan ninyo na mabuti, magiging maliwanag

sa inyo na ang draft BBL na ibinigay sa amin ay isang batas na hindi
pa tapos ang pagsusulat. At bukod sa hindi pa tapos ang pagsusulat
ay mayroon na rin kaming nakita na mga magiging problema tungkol
sa constitutionality, tungkol sa administration, tungkol sa economic
provisions, tungkol sa power sharing. Lahat po ito ay kailangan namin
pag-aralan at gawing wasto nang sa
ganoon kapag napasa na ang
BBL/cfd
134

CODES
Sglrobles
III-6
May 14, 2015
1:59 p.m.
1
kapag napasa na ang
BBL, ito ay magiging matagumpay bilang hakbang para sa kapayapaan

ng Muslim Mindanao at sa Pilipinas.
Kayat dahil sinusuri namin nang mabuti at detalyado ang aming
pag-aaral sa BBL hindi ibig sabihin kami nagkokontra.
Ibig sabihin
gusto namin, ninanais namin na pagandahin nang husto ang BBL nang
sa ganon ay itoy maging matagumpay at nang sa ganon ay
makamtan na rin ng ating mga kapatid na Muslim ang kapayapaan na
ilang daang taon na ay hangga ngayon hindi pa natin naibibigay sa
Muslim Mindanao at ang ating mga Muslim na Filipino.
So it is illogical to accuse people who are working very hard and
are putting all our time and effort precisely to craft a good bill to say
that just because we are vigorously examining it that that is anti-BBL.
I think that is not fair and I think it is mistaken and I hope that people
understand that this is the process of legislation.
legislation is to study closely.
The process of
We do not exist in the House of
Representatives or the Senate as rubber stamps for anyone. We exist

as elected by the people. We exist to legislate and part and parcel of
that process is this hearing process that we are conducting now. And,
further, to debate and to argue and to examine as closely as we
possibly can all of the issues surrounding any proposed legislation.
135

CODES
Sglrobles
III-6
May 14, 2015
1:59 p.m.
2
And that is exactly the process that we are applying to the BBL. And I
hope that this idea that an intellectual study of any question is
somehow taking sides for or against it. I would even venture to say
that the more interest and the more work that you put into a proposed
bill such as the BBL, then the more interest you are showing and the
more concern you are showing for that bill.
So I hope that will explain to you and to the others who have
expressed the same opinion that this is what we are trying to do.
Syempre kahit papano masakit pa rin ang inyong sinasabi dahil unanguna hindi totoo. Pangalawa, kaya nga namin ginagawa ito dahil nais
namin na maging matagumpay ang BBL.
matagumpay ang proseso ng kapayapaan.
Nais naming maging

And to characterize our
efforts as anti-BBL is simply wrong. It is misplaced and it is unfair.

So please proceed with your presentation.
MR. AJIHIL.
Maraming salamat po, kagalang-galang Senator
Marcos.
Umpisahan ko na po ang pagbasa ng aking position paper.
I fully support House Bill 4994 because I am fully convinced of
the merit and exigency of the proposed bill as an instrument of peace
and development and the political emancipation of the Bangsamoro
and Muslims in Mindanao to put them at par and in a level playing field
136

CODES
Sglrobles
III-6
May 14, 2015
1:59 p.m.
3
with the other people in Luzon and Visayas in their desire to govern
themselves to secure the well-being following democratic principles
under a Bangsamoro governance with competent leadership.
In this regard, may I respectfully and strongly submit for the
consideration
of
this
honorable
Senate
Committee
under
your
chairmanship, our good Senator Bongbong Marcos, our position on the

BBL to wit:
No. 1.
The 10 percent opt-in provision for the Bangsamoro
residing in communities not within the core territory under BBL but
where there is significant presence of the Muslims who may through a
petition of 10 percent residents who wish to seek and exercise their
constitutional rights in a plebiscite for the purpose must not be
prevented from doing so in the spirit of democracy. [Applause]
We support the retention of the 10 percent opt provision in the
exercise of we, your brothers and sisters, Muslims, Bangsamoro to
decide where we would want to belong in a government under the
Constitution of the Republic of the Philippines in the free exercise of
their freedom to election in their freedom to a vote and all the other
freedom guaranteed under the Bill of Rights of the Constitution of the
Republic of the Philippines.
No. 2. Seventeen years of negotiation between the MILF and the
137

CODES
Sglrobles
III-6
May 14, 2015
1:59 p.m.
4
government in search of long-lasting and meaningful peace has arrived

and so we believe the answer is the Bangsamoro Basic Law or BBL of
which we fully support cognizance of the fact that the GPH and MILF
have put forward earnest effort and sincerity to arrive at attaining
honorable and long-lasting peace, not just for the Bangsamoro but for
all the people in Mindanao.
Such should not be negated but supported by our honorable
members of both Houses--the House of Representatives and the
Senate of the Philippines--with the swift passage of the BBL into law.
No. 3.
We commend the effort of His Excellency President
Simeon Benigno Aquino III who have shown determination of strong

leadership pushing for the GPH-MILF peace panels in approving the
Comprehensive Agreement on the Bangsamoro or the CAB as the
blueprint for which the BBL was discussed, debated upon and finally
crafted into the proposed Bangsamoro Basic Law to end decades of
conflict and give justice, political empowerment and dignity to us, your
Filipino Muslim brothers and sisters, so we can all live in peace and
harmony in this Bangsamoro land. [Applause]
No. 4.
We fully concur and strongly support the legal and
meticulous assertion and recommendation of the National Peace

Council headed by former Supreme Court Chief Justice Hilario Davide
138

CODES
Sglrobles
III-6
May 14, 2015
1:59 p.m.
5
whose expert legal opinion found nothing unconstitutional about the

We could not doubt the integrity and competence of a renowned
legal mind on any doubt whatsoever regarding constitutional or
unconstitutional issues.
Any fear of unconstitutionality is rather
premature at this time since it is only the Supreme Court of the

Philippines who is vested with the power to do so once any issue is
submitted before it.
Lastly, the good Senator Bongbong Marcos, we pray before this
honorable Committee to be one with us, we, your brothers and sisters
Muslims, the Bangsamoro people of Mindanao
in our clamor and
aspiration for the Bangsamoro people to pass the Bangsamoro Basic

Law as one singular act of Congress to give the nation one united
people, undivided Muslims and Christians alike.
Maraming salamat po.
Thank you very much, Mr.
Mohammad Nur Ajihil, for your clearly very heartfelt support for the
I only would like to take exception/sglr
139

CODES
MPMendoza
IV-6
May 14, 2015
2:09 p.m.
1
THE CHAIRMAN (SEN. MARCOS). I only would like to take

exception with one point that you made where you said that Chief
Davide,
as
member
of
the
Peace
Council,
found
nothing
unconstitutional about the BBL. I would like to direct your attention to

the report that was given to the Senate and the House wherein it
incorporated many changes on constitutional grounds to the BBL. So
the endorsement of the Peace Council was very clear that the intent
behind the BBL was commendable but adjustments have to be made
and
that
Chief
Davide
specifically
made
some
very
important
suggestions for amendments so as to make it constitutional.

And again, I would also take difference that it is part of our job
as legislators to make sure that any law that we pass is constitutional.
That function is not only exercised by the Supreme Court.
Supreme
Court
decides
and
adjudicates
on
constitutional nature of any law they decide.
challenges
The
of
We, for our part
endeavor to not pass an unconstitutional law. The reason that is, is

because then we have not performed our function and we have not
examined the law sufficiently because we did not recognize that there
were infirmities that needed to be remedied. So just to explain again
the process but thank you for your position paper.
140

CODES
MPMendoza
IV-6
May 14, 2015
2:09 p.m.
2
At this point, we would like to ask the governor of the province

of Basilan, Governor Jum Akbar who has asked to speak ahead
because she has to leave as apparently nagkaroon ng engkwentro
doon sa kanila.
So Governor Jum Akbar, you have the floor.
MS. AKBAR.
Maraming-maraming salamat po.
Assalamu
alaikum wa rahmatulahi taalla wa barakatuh. Good afternoon.

Sa atin pong Honorable Chair, Senator Bongbong Marcos at sa
member ng representative at kay Mayor Beng, gusto ko pong
magpasalamat sa lahat na at least nandito po kami from Basilan para
mai-share naman po namin ang aming stand for BBL.
Kami po ay
support for BBL, pro-BBL, pro-peace. [Applause]

Alam ko po sa limang probinsya ng ARMM ay wala pong
magkagusto sa gulo at gusto ng lasting peace, kapayapaan, lalung-lalo
na po ang Basilan. Sa amin po may ibat ibang grupo, hindi lamang
MNLF, MILF, may mga iba pa po.
At ang alam ko po, kami ay
nangunguna kung sino ang may gusto ng kapayapaan. So kaya nga

po naglagay kamimayroon kaming sinabmit (submit) na position
paper sa Kongreso at sa Senado.
May mga concern lang po, nang
dahil nga po sa pagbuo ng BBL ay hindi po kami kasama, ang five

ARMM governors, gusto lang po namin na sana mabigyan ng pansin o
141

CODES
MPMendoza
IV-6
May 14, 2015
2:09 p.m.
3
kaukulang pansin ang aming mga concerns na nailagay.
May mga
ibat ibang concern po kami, may mga common din po at gusto po

namin ito kung sana mabigyan ng pansin at mabigyan ng consideration
ang aming mga provisions na nailagay sa aming mga position paper.
So nandito po ang aming position paper, mayroon din po kaming
consolidated ng five provinces at mayroon din po kaming kanya-kanya.
Kaya ganoon po kami kagaanong kagustong mabuo itong BBL na sa
maayos at transparentiyong clear na pamamaraan natin para po
makamit natin ang ating tiwala sa isat isa.
At kami po ay hindi po kami hadlang.
Sa totoo, pro po kami.
Iyon nga lang, iyong mga gusto naming pagbigyan kami sa aming mga
concern.
Itong katulad nang nangyayari po, katulad doon sa aming
probinsya sa Basilan ay tungkol sa districting ay nang dahil nga po

walang consultation, medyo complicated po ang mga barangays and
municipalities kaya isa na po iyon. Katulad din po nang nabanggit na
ng ating Chairman, iyong police power, iyon po ay mga common
concern din po namin iyon; iyong mga Comelec, COA, lahat-lahat na
nailagay namin. So sana po hingiin lang po namin na sana mabigyan
kami ng consideration sa aming mga appeal.
So iyon lang po.
Maraming-maraming salamat sa inyo.
[Applause]
142

CODES
MPMendoza
IV-6
May 14, 2015
2:09 p.m.
4
Governor Jum Akbar.

Ipinapaalala niya sa Committee na nakakapagtaka, at ito ay
nabanggit ng ilan sa ating mga LGU executives na kataka-taka na ang
Committee on Local Government na nagsusuri ng Bangsamoro Basic
Law at ang OPAPP at ang Peace Panel natin at sa lahat, iyong sumulat
ng BBL, ni minsan nakunsultahan ang ating mga sultanates, ni minsan
nakunsultahan ang ating mga LGU executives kayat pinag-aaralan
namin nang mabuti na bigyan ng pagkakataon ang ating mga local
government executives na magbigay ng kanilang salaysay, ng kanilang
mga pananaw dito sa batas na ito.
That is why we are looking into
scheduling a further hearing, an additional hearing that will invite all

the five governors that are presently in ARMM, all of the city mayors,
the capitol mayors and some of the other local government officials in
the surrounding areas. As I said, it has been pointed out to me that
considering that this is the Committee on Local Government, we have
as yet to even call any of our local government officials. This would
seem to be an oversight which we will find a way to correct.
Thank you again, Governor Jum Akbar, for your presentation
here today.
MS. AKBAR. Yes, sir. Youre welcome.
143

CODES
MPMendoza
IV-6
May 14, 2015
2:09 p.m.
5
I would like now to
continue to call on the different resource persons who would like to

present a position. Mr. Cesar Climaco is next on the list that we have
here.
Mr. Climaco, please proceed.
MR. CLIMACO.
Ferdinand
Bongbong
Good afternoon, everyone, including Senator

Marcos
Jr.,
Beng
Climaco,
Akbar,
Celso
Lobregat.
My position paper is very clear, No to BBL. I submitted 4,000
signatures from Sta. Maria and alone, collected it with the help of
some other people. Why no to BBL? I am for peace. I want peace in
this area. When I was a kid, we had peace. I grew up in 1950s, 60s,
there was peace.
BBL will only aggravate the height that it promulgates as a basic
law for one group of people. We are Filipinos. We are not moros. We
are not Christians. We are not Lumads. We should be just Filipinos.
But having a country just for a single tribe or many tribes will create
more conflict and war.
I want peace.
If BBL passes, there will be
more wars. There will be no peace.

Thank you.
144

CODES
MPMendoza
IV-6
May 14, 2015
2:09 p.m.
6
THE CHAIRMAN (SEN. MARCOS). Thank you, Mr. Climaco, for

your impassioned presentation. /mpm
145

CODES
JADela Cruz
I-7
May 14, 2015
2:19 p.m.
1
THE CHAIRMAN (SEN. MARCOS). impassioned presentation.

Certainly, it is something that has been brought up before that we
have to be conscious of being inclusive in this process. I think
everyone will agree that having a peace agreement with one armed
group is not sufficient to bring peace to Muslim Mindanao when there
are other armed groups around that are not included in the process. I
think that the people of Zamboanga City are probably the most aware
of that possibility.
So, now I move on to the next group that will present a position,
the Philippine Council for Sama and Badjao. I do not have an
individuals name here but any representative from the Philippine
Council for Sama and Badjao is invited to take the microphone and to
present their position.
MR. ARPA. Magandang hapon po, Kagalang-galang na Senador
Ferdinand Marcos Jr.
We would like to present our position paper on conditions that
we are neutral. I am a man supposed to be one of the city councils of
Zamboanga City. But since BBL is on in, I decided to be neutral. We
decided to choose Musa as our city council considering that I do not
like to be in the color of any of the group. Mr. Chairman, the Philippine
Council for Sama and Badjao is not only representing the people of
146

CODES
JADela Cruz
I-7
May 14, 2015
2:19 p.m.
2
Zamboanga but it is representing all tribes in the Philippine archipelago

particularly the Sulu archipelago and the Moro Gulf Zamboanga
Peninsula. Mindanao securities, instability had always been in fragile
state. For years, the island regions has been characterized by recurring
armed conflicts and a fragmented economy that resulted to growth
imbalance among regions and highly poverty incidence. Security
thereat coming from Moro insurgent groups and other armed elements
continue to harm Mindanao. Although reduction in violence has been
noted in the last two years in the areas affected by the GRP-MILF wars
as a result of sustained peace advocacy and recently, by the signing of
the Comprehensive Agreement on the Bangsamoro as well as the
submission of the Bangsamoro Basic Law to Philippine Congress for the
approval and passage of the said law. The anticipated final peace
agreement with the MILF is viewed as the key tool, a lasting and just-end to Moro insurgency and the emergence of a new and more
strengthened Bangsamoro government. Lesson learned from a fiasco
created by the aborted GPH-MILF memorandum of agreement on
ancestral domain or MOAD, point to lack of transparency and
inclusivity in the peace negotiations that created adverse reactions
from Mindanao leaders and its stakeholders. Similarly, experience from
the GRP-MNLF peace process had taught that failure to consult
147

CODES
JADela Cruz
I-7
May 14, 2015
2:19 p.m.
3
legislative and key decision makers lead to inadequacy to mainstream

all the principles and intense of the final peace agreement into
enabling law, Republic Act 9054. This position paper is a result of a
wide ranging consultation among our stakeholders with the end in view
of contributing insight to the draft BBL as a Moro indigenous people in
the island provinces of the proposed core territory of the Bangsamoro
government.
The Sama-Badjao is traditional living in the Sulu Sea, utilizing
the rich and abundant resources of the seas. Status of Sama and
Badjao as Moro indigenous people or IP, what are the current situation
vis--vis with ARMM and IPRA Law? Where we are now? Mr. Chairman,
we will push, as people with a collective aspiration, the Sama and
Badjao will put forward the following demand for considerations of the
Philippine Senate and Congress. No. 1, Sama and Badjao should
benefit from the resources of the Sulu Sea and Moro Gulf as our
traditional source of income through fishing and other maritime--If
possible, the resources, oil or other minerals inside beneath the sea--of
the Sulu sea. Sama and Badjao should be included in any joint
government
and
Badjao
bodies.
No.
leaders
to
3,
appointment
sit
in
the
of
acknowledge, Sama
Bangsamoro
Transition
Commission or parliament. In the reserved seats of the Bangsamoro
148

CODES
JADela Cruz
I-7
May 14, 2015
2:19 p.m.
4
parliament, one seat shall be afforded to Sama and Badjao as they did
not have capacity and capability to compete in political exercises come
this 2016. Evidence of the fact, in this gathering, I was not invited. It
is the people of Manila who invited me. That is one of the evidences
that we were not really represented. And I am sorry to say, some of
our brothers, indigenous peoples here, we were not being consulted. I
am one of those nominees of the city council of Zamboanga City.
Unfortunately, I was not consulted considering that I am Sama-Badjao.
Thank you very much and mabuhay po kayo, Kagalang-galang
na Senador.
THE CHAIRMAN (SEN. MARCOS). Mabuhay ka!
MR. ARPA. And lastly,
Kagalang-galang na Senador, mayroon
po dito kaunting pahabol po. Unknown MNLF rebel wanted this to give
it to you a picture with your great father. Can I give it to the
secretariat?
THE CHAIRMAN (SEN. MARCOS). Yes, please do. Somebody
will come and get it from you. Mabuhay ka, Datu Hussayin Arpa, and
thank you for the comments that you have made. And you have
focused on some of the critical issues that have been identified and
specifically the question that you posed, what is the status of the Sama
and Badjao as indigenous people and what is their current situation
149

CODES
JADela Cruz
I-7
May 14, 2015
2:19 p.m.
5
vis--vis ARMM and IPRA? This is precisely a question that has been
raised by many of the IP groups to the Committee and that is why we
have set again a hearing for the IPs to come and express their views
and opinions and make their suggestions on the BBL.
I have to correct an oversight. Mr. Edgar Lim has been patiently
waiting for his turn to speak. And unfortunately, Mr. Lim, I must
apologize because the paper on which your name was on was taken
away and replaced by another and your name did not return. But
again, to correct that oversight I call now on the plant manager of the
Permex Producer and Exporter Corporation of Zamboanga City, Mr.
Edgar Lim.
MR. LIM. Thank you, Mr. Chair.
Good afternoon, Senator Ferdinand Romualdez Marcos Jr.; Mayor
Maria Isabelle Climaco; our first district representative, Celso Lorenzo
Lobregat; our second district representative, Lilia Macrohon Nuo; and
Davao del Norte representative, Antonio Lagdameo.
Your Honors, the dominant industry in Zamboanga Peninsula is
the sardines industry supplying 80 percent of the canned sardines
nationwide, employing 30,000 workers from 22 commercial fishing
operators, 12 canning factories and four tin can manufacturing. Your
Honors, we have a serious problem to the creation of the 22.224
150

CODES
JADela Cruz
I-7
May 14, 2015
2:19 p.m.
6
kilometers Bangsamoro territorial water and the zones of joint

cooperation because this will dislocate commercial fishing. Under our
existing law on our Fishery Code of the Philippines, our Republic Act
8550/jadc
151

COMMITTEES ON PEACE, UNIFICATION, AND RECONCILIATION;
CFDriz
II-7
May 14, 2015
2:29 p.m.
1
MR. LIM.
operate
15
Republic Act 8550 allows commercial fishing to
kilometers
beyond
the
municipal
waters.
If
the
Bangsamoro territorial water have 22.224 kilometers and the zones of

joint cooperation is passed by Congress and eventually enacted into
law, it will leave the commercial fishing and the sardines industry as a
whole
with no more fishing ground, deprived of its current and
traditional fishing areas that will lead to the collapse of the sardines
industry in the Philippines.
Your Honors, while the purpose of BBL is to promote peace and
development, but at the same time it should not seek to destroy the
gains that we have achieved.
We are the law abiding citizens.
industry is a labor intensive providing decent jobs.
Our
Our industry is
rural based and food oriented industry.

Therefore, Your Honors, we respectfully propose to our Congress
of the Philippines to retain the provision of Republic Act 8550 with
respect to the 15 kilometers municipal water
and allow commercial
fishing to continue operating beyond the 15 kilometers area.

Thank you, Your Honor.
THE CHAIRMAN (SEN. MARCOS). Thank you, Mr. Lim.
Once again, the highly contentious issue of Bangsamoro waters,
the definition of municipal waters has been brought up and the effect
152

CFDriz
II-7
May 14, 2015
2:29 p.m.
2
that it will have on the existing industry that depends upon the fishing
grounds that they have traditionally been able to fish in.
So with that, I would like to call on Congressman Lilia Nuo. I
believe she has some clarification to do concerning a subject that was
brought up earlier this afternoon.
Congressman Nuo, please proceed.
REP. NUO.
Thank you, Mr. Chair, Honorable Senator Marcos.
This regards with the 10 percent opt in that has become a very
contentious issue not only here in this Committee public hearing but
also in Congress.
Now, the peace council report already clarified about the 10
percent
opt-in
provision.
Now,
for
purpose
of
clarity,
the
recommendation of the council is to delete that provision because this

is an unconstitutional provision. Now, we are here to have this BBL
passed because this is the only vehicle for lasting peace. But we want
this BBL to be passed within the framework of the Constitution. We do
not want to experience what happened to the MOA-AD because all the
efforts, all the hard work that we have done because we want really
this bill to be passed because we want peace. We do not want this bill
to be subject to the Supreme Court decision.
153

CFDriz
II-7
May 14, 2015
2:29 p.m.
3
So let us be patient, let us work together so this bill will be

passed, but I said within the framework of our Constitution, within
national integrity and national laws.
So thats all, Mr. Chair.
Excuse me, I forgot.
THE CHAIRMAN (SEN. MARCOS). Yes, please proceed.
REP. NUO. With regards to the form of government that was
brought earlier by the Integrated Bar of the Philippines, I will just
submit my position paper when I reach Manila--when I go back to
Manila I will submit it to your Committee, Mr. Senator.
THE CHAIRMAN (SEN. MARCOS). Thank you, Congresswoman
Nuo, for that
clarification and certainly, we would be happy to
receive the documents containing the amendments and the arguments

that you would like to put forward to the Senate.
I have just been informed that we have to shorten what was
intended to be another hour of hearing because again, it has to do not
with anything else but the weather.
We are being warned that the
weather is taking a turn for the worst. So we will have time for three
more speakers.
Zamboanga
I will begin with Mr. Edwin To, who is with the
Chamber
of
Commerce
and
Industry
Foundation
Incorporated.
154

CFDriz
II-7
May 14, 2015
2:29 p.m.
4
Mr. To, would you please proceed.

MR. TO. Honorable Chair, Senator Bongbong Marcos, and our
beloved Mayor and Congressman.
I was supposed to share a seven-page position paper but I will
water it down. [laughter]
THE CHAIRMAN (SEN. MARCOS). Dont water it down. Just
give us the highlights.
MR. TO.
Okay, Ill give you the highlights.
I will not discuss the differences and the similarities of ARMM

and BBL anymore, the pros and cons. But I d like to focus my talk on
the sentiment of the business and economic sector towards BBL.
I admit, unless one is diligent enough to read, research and
personally reflect on the objectives and purpose of BBL, one will be
lost in translation and will end up relying on the louder voice during
the discussion. It seems like everyone has its own story to tell thats
why we need heavenly wisdom and strong leaders who can see
through the smokes and hear through the noises and chart the future
of Mindanao.
The sentiment I gathered from
the peace loving business
sector--our city we have 9,863 business permits issued--is this:

Earlier, our vice mayor said that if there is a plebiscite--We dont need
155

CFDriz
II-7
May 14, 2015
2:29 p.m.
5
to have a plebiscite anymore. To our vice mayor, based on my quick

survey, Zamboanga does not want to be part of BBL. This does not
mean that we want to see it fail. We just have a different viewpoint on
how to bring Zamboanga forward and compete in the 21st century.
Zamboanga City is industrial and urban city with a population of more
than 800,000 as of May 1, 2010. We are the sixth most populous and
third largest city in land area in the Philippines. It is a commercial and
industrial center of Zamboanga Peninsula region. The Zamboangueos
and the start-up entrepreneurs are excited with the opening of malls,
supermarkets and we do not want another political instability.
We
have been left out and Zamboanga has always experienced collateral
damage through perception and sometimes for real. Like the 19-days
Zamboanga siege, the economic loss according to Central Bank was P1
billion worth of money in circulation.
Zamboanga City aspires to be
known the Western Corridor and the gateway to ASEAN.
We would
like to have international shipment calling Zamboanga. We can help

each other to move forward by clarifying the vague provisions of the
BBL as soon as possible. Because from the chamber we want peace
to reign in Mindanao as soon as the law is signed and we dont want to
see temporary restraining order from various stakeholders.
156

CFDriz
II-7
May 14, 2015
2:29 p.m.
6
To be specific about the uncertainties we need to clarify, we

need to further clarify the economic uncertainty in the BBL especially
the economic provision like the management and control of natural
resources/cfd
157

CODES
Sglrobles
III-7
May 14, 2015
2:39 p.m.
1
MR. TO.
of natural resources, land registration, customs and
tariff, the power sector, taxes and inland water. Can our sardines or
will our sardines factory be able to stay there or send their ships,
fishing boats to the Bangsamoro region. Im sure the answer will be,
yes, but the question is how much are they going to be taxed.
We
have to clarify those things. The earlier we clarify the uncertainties,

the sooner we can enjoy the peace dividend promised by the BBL.
Isnt that what we all aspire for?
Peace and development in
Bangsamoro and the neighboring provinces.

In closing, I have no doubt investments, economic growth and
development will come to Mindanao once we get our act together.
Although some provisions of the BBL only look good on paper, our
national leader and Bangsamoro transition commission should continue
reaching out and engage us stakeholders, would-be investors, the
supporters and even the spoilers with meaningful dialogues.
Fellow Zamboangeos and Mindanaoans, we have to keep on
moving forward. Lets help bring peace and development to Mindanao
in our personal capacity. Let us not leave the label, the potentials in
Mindanao but the true ability.
Let us focus the true ability of every
Filipino in Mindanao. With or without the BBL, we should think of ways

to enhance our competitive advantage in Mindanao.
158

CODES
Sglrobles
III-7
May 14, 2015
2:39 p.m.
2
Mabuhay po tayong lahat. [Applause]

Thank you, Mr. Edwin To,
for providing us with the position as he represents the Zamboanga

Chamber of Commerce and Industry Foundation and Incorporated. We
are certainly taking of note the concerns that you have raised that
seem to be consistent with the others in the business community, not
only in Zamboanga but in other parts of the areas that feel that the
passage of BBL will affect their communities.
And now, I go to the penultimate speaker.
I call to take the
floor, Datu Ahmad Sampang. He is a leader of Campong Isla.

Datu Sampang, if you would like to make your presentation,
please.
MR. SAMPANG.
Good afternoon to the Honorable Chairman of
the Committee, the Honorable Senator Ferdinand R. Marcos Jr.; those

VIPs in the presidential table, good afternoon.
Actually, I have my position paper but I was not able to submit it
considering that the position paper is, more or less, parallel to the
position of the city.
Okay.
And I think it is the aspiration of all
Zamboangeos what was embedded in the position of the city

government of Zamboanga.
Let me reiterate that the Muslims in Zamboanga City are not
159

CODES
Sglrobles
III-7
May 14, 2015
2:39 p.m.
3
against peace.
We are for peace but we would like to see an
everlasting peace, not a peace just to make an appeasement. And I

could say with conviction that this is the stand of all Zamboangeos,
whether they are Muslims or Christians.
We support the passage of the BBL but definitely we would not
like to be a part and parcel of the Bangsamoro Basic Law or
Bangsamoro Juridical entity.
There are some more problems I think, but it was already
resolved. Its not resolved. It hadnt been addressed. Like in the case
of the property that was assigned to ARMM, its a national property
which is located in Cabatangan.
Its a 90-hectare property but this
should be, I think, be given to the Zamboangeos.

Mr. Chairman, the Zamboangeos are really in trauma after the
Cabatangan siege and the Zamboanga siege. We dont want really to
be reminded but had transpired-- [Applause]
Actually, Muslims like us are caught in between. There are some
people who say that, Muslim sila pagkatapos hindi nila kinakampihan
ang Muslim.
Mayroon namang mga Christian brothers, Ah, mga
Muslim iyan.
This is really what we should address in Zamboanga
City. And if Zamboanga City will be part of the BBL, I think this will
become more worst. We are contented with the local government we
160

CODES
Sglrobles
III-7
May 14, 2015
2:39 p.m.
4
had. We have not been deprived of any of our rights. And we have
practically practiced every right that we have in Zamboanga City.
I think thats all what I can say.
[Applause]
Datu Sampang, for giving us your view on the BBL.
Again, there
seems to be a consensus starting to form as toespecially the

question
of
the
inclusion
or
exclusion
of
Zamboanga
in
the
Bangsamoro core territory. It was good to hear from Datu Sampang

their views.
And as the last speaker, I call on the barangay chairman of
Casaangan, Zamboanga City, Chairman Tungku Hanapi.
Chairman Hanapi, if you would please give us your position.
MR. HANAPI.
Bismillah ir-rahmen ir-rahim to our beloved
distinguished guests at the presidential table.

Kagalang-galang
na
senador,
Senator
Bongbong
Marcos.
Kagalang-galang na mayor ng Zamboanga City, si Maam Beng

Climaco.
Kagalang-galang na congressman sa Distrito Uno, si
Congressman Celso Lobregat. Kagalang-galang na congresswoman sa

District 2, si Maam Lilia Nuo; and also our visitors from Davao,
represented by Congressman Antonio Lagdameo.
Lahat ng leaders, lalo na ang isang tribal leader, chieftain leader
161

CODES
Sglrobles
III-7
May 14, 2015
2:39 p.m.
5
at the same time barangay kapitan na tulad ko, ang unang iniisip ay
ang aking mga sineserbisyo.
May opinyon ako tungkol sa BBL; sana pakinggan ninyo/sglr
162

CODES
MPMendoza
IV-7
May 14, 2015
2:49 p.m.
1
MR. HANAPI. sana pakinggan ninyo. [Speaking in the local

dialect]
Por eso esta cosa kami quiere sabi el de aton mga opisyales.
Tiene kami de abon mismo mga opinyon que el Zamboanga de berno
maliba punto na BBL.
[Speaking in the local dialect]
As I remember the first governor of the ARMM, no less than Nur
Misuari, he was automatically appointed as the first governor of the
ARMM and later on, he was also an elected governor; the second
governor of the ARMM, if Im not mistaken, was Dr. Farouk Hussein;
the third governor of the ARMM, no less than Zaldy Ampatuan; the
present but not the least, the youngest governor of the ARMM is Mujiv
Hataman.
My concern to the Muslim of Zamboanga City, considering myself
as one of the Muslim barangay chairman of the city and IP leader in
our community, as far as I know ever since, we never ever received
fund from our ARMM government for projects and livelihood programs
considering as a subsidy to their Muslim brothers, sisters in Muslim
community here in Zamboanga City.
163

CODES
MPMendoza
IV-7
May 14, 2015
2:49 p.m.
2
Since the ARMM include all the Muslim in Mindanao but then,
again, Zamboanga City is a part of the Mindanao, therefore, Muslim of
Zamboanga City include in the ARMM fund despite Zamboanga City
ever since is not included in the ARMM. And, therefore, I should never
everit should be never, ever anymore include in the area of
responsibility of ARMM Zamboanga City.
Indeed, I had asked some of my colleague barangay chairman
here in Zamboanga City if anyone of them was funded for project or
livelihood program in their community. The answers of my colleague,
majority of the Muslim barangay, We were never ever received
funding from the ARMM governor, from Misuari, from Governor Dr.
Farouk Hussein, down to the Governor Ampatuan and the present
governor of the ARMM. We did not receive any funding for the sake
of the Muslim here in Zamboanga City for projects and livelihood.
Our dearest Senator Bongbong Marcos and also to the President
of the Republic of the Philippines, His Excellency, President Aquino Jr.,
and all concerned agencies implementing a new act on the matters of
abolishing ARMM and providing basic law for Bangsamoro in Muslim
Mindanao, we earnestly appeal to you to please exclude Zamboanga
City in the area of responsibility of BBL. [Applause]
164

CODES
MPMendoza
IV-7
May 14, 2015
2:49 p.m.
3
We are seeking consideration to the IPs, Sama-Bangingi and

Badjao, to full respect and inclusion of the IPRA Law of 1997 at BBL.
We are not against the BBL but we need that the BBL, whoever
become the governor, to recognize the Muslim in Zamboanga City. A
challenge to the city government to the national government agencies
and the Senate to show your sincerity by giving our community
immediate projects so we can recover and move on with our lives.
And we challenge you to include mandatory representative for the
Sama-Bangingi and Badjao in the BBL and parliamentary because you
have constantly forgotten the representation of our tribes ever since.
The reason why I am mentioning the four governors, this will be my
basis why we, Muslims in Zamboanga City, do not like to include
Zamboanga City in the BBL because they are just using the Muslims in
Zamboanga City for their transaction.
Ever since being a barangay
chairman, since the governor of the ARMM exist, we never received

funding for projects and livelihood in our barangay and also the rest
barangay in Zamboanga City.
Thats why it is useless for us to join
with the BBL. [Applause]

What is the use to be of joining the BBL? They know for a fact
thousands of Muslims in Zamboanga City, more than 27,000 barangay
165

CODES
MPMendoza
IV-7
May 14, 2015
2:49 p.m.
4
chairman in Zamboanga City, it has never been funded, allocated fund

for projects and livelihood program.
And now they are insisting to
include Zamboanga City when in fact they have done nothing to the
Muslims of Zamboanga City, especially the tribal leaders of Zamboanga
City. We never ever received any funding from the governors when in
fact they mentioned Muslim Mindanao, meaning Muslim Mindanao,
Zamboanga City is included.
But where is the funding to help the
people of Zamboanga City? No hay. So thats why we insist better not

to include Zamboanga City.
Assalamu alaikum wa rahmatulahi taAllah wa barakatuh.
Hanapi, for the[Applause]Order, please.
Thank you, Chairman

Order, please.
We
actually do not allow applause during hearings but I am not very strict
here. But we have to maintain order.
Before I make my own closing remarks, Congressman Celso
Lobregat has asked to speak briefly in answer to some of the points
that have been raised.
Congressman Lobregat.
REP. LOBREGAT. Thank you very much, Senator.
166

CODES
MPMendoza
IV-7
May 14, 2015
2:49 p.m.
5
Actually, just a few points.
On the issue that ARMM was left
behind, we have asked that the budget of all regions for the last 10
years be submitted to Congress on an absolute and a per capita basis
and it will show that the ARMM is not at the bottom of the list. The
ARMM is somewhere in the middle.
And if you look at it, Governor
Mujiv Hataman just sat for a few years and he has been able to do so
much
for
the
ARMM.
As
Commissioner
Villacorta
said,
The
Constitution is only as good as those that implement it.

Second point, we have seen in all public hearings that the House
and the Senate, we really have difficulty in trying to pass this law. It is
not because of the congressmen or the senators. The instructions of
the President were very clear/mpm
167

CODES
JADela Cruz
I-8
May 14, 2015
2:59 p.m.
1
REP. LOBREGAT. very clear to the peace panel. No. 1, be

mindful of the Constitution. No. 2,
learn from the lessons of the
past--meaning, the ARMM and also the MOA-AD. No. 3, do not

anything
in
the
agreement
that
you
cannot
put
deliver
economically, socially and politically within the term. And No. 4, be

transparent and consult. You would be the judge. Did the OPAPP, did
the Peace Panel comply with all of these instructions? We are
having this problem because of this noncompliance.
Lastly, you know, we should not say peace at all costs or peace
at any cost. The 2011-2016 Philippine Development Plan says, The
government therefore will invite all rebel groups to become advocate
and partners in advocating the peace process for the greater good of
the country and the people. The peace process should be pursued
comprehensively. But it says, However, it should not come at any
price nor at the cost of sovereignty and territorial integrity of the
Republic.
Thank you very much and a pleasant good afternoon.
THE CHAIRMAN (SEN. MARCOS). Thank you very much,
Congressman Lobregat. As usual, asked very important question that
we are endeavoring to answer in this legislative process.
168

CODES
JADela Cruz
I-8
May 14, 2015
2:59 p.m.
2
So again, I think it is very clear, after hearing as many of the

speakers as time would allow, that there are parochial issues for
Zamboanga City which will be relevant in the language and in the
guiding
principles
of
the
Bangsamoro
Basic
Law.
As
can
be
demonstrated by the proceedings today, certainly, it is still a very

contentious issue especially on specific points. Many of them have
been raised here today and have been spoken about most passionately
and most fervently and most eloquently. I am very happy that we had
conducted this hearing. As I said, there is no substitute for the
Committee to glean the sentiments of our people but to go to these
localities, in this case to Zamboanga City, and to hear from the
residents of Zamboanga City itself and also from all those who have
participated that have come from the surrounding areas. It is
important that this process carry on in a free and open manner. I hope
that I have satisfied those who have attended that we have tried our
best to maintain order but at the same time, keep the discussion freeflowing and give everyone an opportunity to speak. So I thank you for
allowing us to conduct these hearings and to participate in these
hearings and I hope that we will be able to resolve the issues that have
been raised in this hearing and in the preceding ones.
169

CODES
JADela Cruz
I-8
May 14, 2015
2:59 p.m.
3
So, thank you all very much ladies and gentlemen. Thank you for
your participation. These proceedings are suspended.
[THE HEARING WAS SUSPENDED AT 3:02 P.M.]
170

BBL IN SENATE - Public Hearing in Zamboanga, May 14, 2015

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

BBL IN SENATE - Public Hearing in Zamboanga, May 14, 2015

Uploaded by

Copyright:

Available Formats

Republic of the Philippines

CONGRESS OF THE PHILIPPINES

COMMITTEE ON LOCAL GOVERNMENT

Thursday, May 14, 2015

Royce Convention Hall, Grand Astoria Hotel,

Senate Bill No. 2408 An Act Providing for the Basic

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

Hon. Celso L. Lobregat

Hon. Lilia M. Nuo

Hon. Jum Akbar

Hon. Jose Lorena

Ms. Raissa Jajurie

Atty. Emilio Aquino

Shariff Mohsin Julabbi

Mr. Zaldy Daranda

Mr. Leonardo Pioquinto

Representative, 2nd District,

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

Mr. Mohammad Nur Ajihil

Mr. Edgar B. Lim

Mr. Tungkoh Hanapi

Mr. Hussayin Arpa

Mr. Ahmad Sampang

Member, Interfaith Council of Leaders

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

Legislative Committee Secretary

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

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

AT 10:19 A.M., HON. FERDINAND R. MARCOS

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

as possible. We are doing this to give an opportunity to everyone who

Congressman Anton Lagdameo of Davao; I would like to acknowledge

Commissioner Pedrito Eisma, Commissioner Raissa Jajurie. Also

WestMinCom Deputy Commander for Peace Process, AFP; we have

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

This is the continuation of the hearings of the Senate Committee

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

Good morning, Senator, good morning,

Congressman Celso Lobregat, good morning, Congresswoman Lilia

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

To start with, this Chapter has already submitted its position

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

national laws. The creation of the autonomous region shall be effective

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

Consultative Commission for Muslim Mindanao.

No, not summarize but

Mindanao. So, therefore, one of the duties and responsibilities and

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

Likewise, let me just highlight, Your Honor, the comment

expressed by retired Justice Vicente Mendoza as regards the form of

Now, there shall define the structure

of government for the region consisting of different departments of

representative of the constituent political units. The BBL provides for a

Okay, so it provides for a

government and nowhere in our Philippine

Constitution nor where we taught in law school that we have

and legislative powers

contrary to the provisions of our Philippine Constitution.

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

Now, lets go further. Also the bill describes what is asymmetric.

he will give us an update of

Atty. Aquino, please

Yes, Mr. Chair, thank you.