BBL IN SENATE | Hearing on issues of local chief executives, June 3, 2015

Republic of the Phi l ippines CONGRESS OF THE PHILIPPINES

S E N A T E Pasay City

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON

PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES

DATE : Wednesday, June 3, 2015

TIME : 10:00 a.m.

VENUE : Sen. Claro M. Recto Room Sen. Jose P. Laurel Room Sen. Geronima T. Pecson Room 2nd Floor, Senate of the Philippines Financial Center, Roxas Boulevard Pasay City

AGENDA : Senate Bill No. 2408 An Act Providing for the Basic Law for the Bangsamoro and Abolishing the Autonomous Region in Muslim Mindanao, Repealing for the Purpose Republic Act No. 9054, Entitled An Act to Strengthen and Expand the Organic Act for the Autonomous Region in Muslim Mindanao and Republic Act No. 6734, Entitled An Act Providing for an Organic Act for the Autonomous Region in Muslim Mindanao, and for Other Purposes (Introduced by Senators Drilon, Sotto, Legarda, Recto, Binay, Escudero, Aquino, Angara, P. Cayetano, Honasan and Guingona)

A T T E N D A N C E

SENATORS:

HON. FERDINAND R. MARCOS JR. - Chairman, Committee on Local Government

HON. SONNY ANGARA

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Committee on Local Government Joint with the Committees on Peace, Unification and Reconciliation; and Constitutional Amendments and Revision of Codes Wednesday, June 3, 2015 Page 2

HON. JOSEPH VICTOR G. EJERCITO HON. RALPH G. RECTO HON. FRANCIS G. ESCUDERO

GUESTS/RESOURCE PERSONS:

Hon. Jose Y. Lorena - Undersecretary, Office of the Presidential Adviser on the Peace Process (OPAPP)

Hon. Senen Bacani - Member, GPH Peace Panel Hon. Froilyn Mendoza - Commissioner, Bangsamoro

Transition Commission (BTC) Hon. Hussein Muoz - Commissioner, BTC Hon. Talib Benito - Commissioner, BTC Hon. Raissa Jajurie - Commissioner, BTC Hon. Abdulla Camlian - Commissioner, BTC Hon. Pedrito Eisma - Commissioner, BTC Hon. Mujiv Hataman - Governor, Autonomous Region

in Muslim Mindanao (ARMM) Hon. Haroun Al-Rashid Lucman - Vice Governor, ARMM Hon. Jum Akbar - Governor, Basilan Hon. Mamintal Adiong Jr. - Governor, Lanao del Sur Hon. Esmael Mangudadatu - Governor, Maguindanao Hon. Abdulsakur Tan II - Governor, Sulu Hon. Abdulsakur Tan - Vice Governor, Sulu Hon. Norbert Sahali - Governor, Tawi-Tawi Hon. Michail Ahaja - Vice Governor, Tawi-Tawi Hon. Antonio Cerilles - Governor, Zamboanga del Sur Hon. Daisy Fuentes - Governor, South Cotabato Hon. Jose Alvarez - Governor, Palawan Hon. Victorino Dennis Socrates - Vice Governor, Palawan Mr. Ramon Nunal Jr. - City Administrator, Isabela City Atty. Smith General - Legal Counsel, Isabela City Hon. Rosita Furigay - Mayor, Lamitan City, Basilan Engr. Al B. Belotendos - Sangguniang Bayan Member,

Wao, Lanao del Sur Hon. Hussein Amin - Mayor, Jolo, Sulu Hon. Jas Que - Mayor, Bongao, Tawi-Tawi Hon. Ma. Isabelle Climaco - Mayor, Zamboanga City Hon. Peter Miguel - Mayor, Koronadal City, South

Cotabato

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Hon. Freddie Mangudadatu - League of Municipalities of the Philippines (LMP) President, Maguindanao Chapter

Hon. Alih Sali - LMP President, Basilan Chapter Hon. Lampa Pandi - LMP President, Lanao del Sur Hon. Cahar Ibay - Assemblyman, 1st District,

Maguindanao Hon. Harold Tomawis - - do Hon. Khadafeh Mangudadatu - Assemblyman, 2nd District,

Maguindanao Hon. Ziaur-Rahman Adiong - Assemblyman, 1st District,

Lanao del Sur Hon. Majul Gandama - - do - Hon. Janimah Pandi - - do Hon. Hosni Macapodi - Assemblyman 2nd District,

Lanao del Sur Hon. Yasser Balindong - - do Hon. Khalil Hajibin - Assemblyman, 2nd District, Sulu Hon. Myrna Ajihil - Assemblyman, Lone District,

Tawi-Tawi Hon. Ahmad Ali Ismael - Assemblyman, Lone District,

Basilan Hon. Ronie Hantian - - do - Hon. Haber Asarul - - do - Lt. Gen. Edilberto Adan (AFP, Ret.) Chairman and President,

Association of General and Flag Officers Inc. (AGFOI)

Col. Cesar P. Pobre (AFP, Ret.) - AGFOI - AGFOI Gen. Renato de Villa (AFP, Ret.)

Ms Edna Espinosa - Chair, Lihok Wao

SENATORS STAFF:

Hon. Minda D. Lavarias - O/S Marcos Ms. Shiela Mae P. Enriquez - - do Mr. Julius Palamos - - do Ms. Arifah M. Jamil - - do Ms. Jeng Rondal - O/S Ejercito Mr. Ginno Jaralve - - do Ms. Mary Caroline M. Perez - - do - Ms. Sheryl Vargas - - do

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Ms. Fiona Conde - - do Mr. Dominic Lacbayo - O/S Legarda Ms. Sally Perez - - do Ms. Zheanne Aeson M. Dantis- O/S P. Cayetano Ms. Kristela Castronuevo - O/S Recto Mr. Alemar Mosquito - - do Ms. Arlene Magtalas - O/S Trillanes Mr. Claro Sampaga - O/S Osmea Mr. Ricardo Calimag - O/S Binay Ms. Jam Garcia - O/S Poe

SENATE SECRETARIAT:

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

Ms. Nida A. Mancol - Committee Stenographer Ms. Anna Leah C. Catimbang - - do Ms. Cleofe P. Caturla - - do Ms. Jeanne M. Baisa - do Ms. Christine M. Nery - - do Ms. Cindell B. Gealan - - do Ms. Jo B. Cadaing - - do Ms. Maribel P. Mendoza - - do - Ms. Avigail G. Andaya - Legislative Staff Ms. Ana Marie F. Deplomo - - do Mr. Daniel D. Diamzon - - do Ms. Mylene R. Palino - - do Ms. Laarni C. Vidal - Legislative Page Mr. Mary Jeanette L. Padilla - - do Mr. Eric Jalandoon - - do Mr. Ronnie Cabaero - Supervising Legislative Page Mr. Benjamin Oria - OSAA Mr. Lito Bancifra - - do Mr. Jose G. Busalpa Jr. - Audio Operator Mr. Roland D. Laureano - - do

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

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES Mancol I-1 June 3, 2015 10:38 a.m. 1

AT 10:38 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. The hearing of the Committee on Local Government; the

Committee on Peace, Unification and Reconciliation; Committee on

Constitutional Amendments and Revision of Codes of the 3rd of June

2015 is hereby called to order.

Welcome to the Senate, ladies and gentlemen. I would like, for

the record, to acknowledge the presence of our resource persons.

Mostly, today, the agenda remains to be the Bangsamoro Basic Law. I

will not read the entire title, the Bangsamoro Basic Law. And we,

today, are consulting with executives of the local government units

within ARMM and without ARMM so that we are trying to consult with

all the LGUs in the affected areas. And that means not necessarily just

within ARMM or within the defined Bangsamoro core territory but also

those outside who feel that it will have an effect on their LGUs.

I will go down the list. We have a fairly complete attendance

here in terms of the LGUs and the ARMM officials. Let me start by the

OPAPP is represented by Usec Jo Lorena; and the GPH Peace Panel is

represented by Usec Senen Bacani.

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From the Bangsamoro Transition Commission, we have

Commissioner Froilyn Mendoza; Commissioner Hussein Muoz;

Commissioner Talib Benito, Commissioner Raissa Jajurie,

Commissioner Abdullah Camlian; Commissioner Pedrito Eisma. Thank

you for your presence here today.

Also here is the governor of the Autonomous Region in Muslim

Mindanao, Regional Governor Mujiv Hataman; and Vice Governor

Haroun Alrashid Lucman.

From the Province of Basilan, Governor Jum Akbar; from the

Province of Lanao del Sur, Governor Mamintal Adiong Jr.; from the

Province of Maguindanao, Governor Esmael Mangudadatu; from the

Province of Sulu, Governor Abdulsakur Tan II; and the vice governor

also of the Province of Sulu, Vice Governor Abdulsakur Tan; Province of

Tawi-Tawi, Governor Norbert Sahali; from the Province of Tawi-Tawi,

as well, the vice governor, Vice Governor Michail Ahaja; from the

Province of Zamboanga del Sur, Governor Tony Cerilles; the Province

of South Cotabato, Governor Daisy Fuentes; the Province of Palawan,

Governor Jose Alvarez and Vice Governor Victorino Dennis Socrates;

from Davao del Sur, Governor Claude Bautista.

Mayors that are here with us today, representing Isabela City of

Basilan, the city administrator, Mr. Ramon Nunal Jr.; and their legal

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counsel, Atty. Smith General. From Lamitan City, Basilan, Mayor

Rosita Furigay; from the Municipality of Wao, Lanao del Sur, SP

Member, Engineer Al B. Belotendos; from the Municipality of Jolo, Sulu,

Mayor Hussin Amin; from the Municipality of Bongao, Tawi-Tawi, Mayor

Jas Que; and the LMP of Maguindanao, Mayor Freddie Magundadatu.

From Zamboanga City, the mayor is here, Mayor Maria Isabelle

Climaco; from Koronadal City, South Cotabato, Mayor Peter Miguel;

and from the Municipality of Akbar, Basilan, LMP Basilan Chapter,

Mayor Alih Sali; the LMP of Lanao del Sur, LMP president, Mayor Lampa

Pandi.

From the Regional Legislative Assembly, Assemblyman Cahar

Ibay; Assemblyman Harold Tomawis, Assemblyman Khadafeh

Mangudadatu, Assemblyman Ziaur-Rahman Adiong, Assemblyman

Majul Gandamra, Assemblyman Janimah Pandi; Assemblyman Hosni

Macapodi, Assemblyman Yasser Balindong.

From the second district of Sulu, Assemblyman Khalil Hajibin;

from the lone district of Tawi-Tawi, Assemblyman Myrna Ajihil; also

Assemblyman Ahmad Ali Ismael; Assemblyman Ronie Hatian,

Assemblyman Haber Asarul.

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To speak for the retired officers, Lieutenant General Edilberto

Adan, Colonel Cesar Pobre, General Renato de Villa, and Ms. Edna

Espinosa.

I think I haveDid I miss anyone that we should put on record

as being here?

Very well. This hearing is being conducted because of the

committees revelation that, in fact, during the negotiations between

OPAPP and the MILF that despite some conferences or conversations

between OPAPP and some of the LGU executives, there was no chance

to consult with the LGUs who are, I would say, the primary

stakeholders in this entire process.

Furthermore, it was pointed out along the way while we were

conducting the hearings that it was an anomaly to see that the

Committee on Local Government, conducting hearings on the

Bangsamoro Basic Law, had not conducted any hearings in

consultation with our local government officials. And besides that,

there have been constant calls from the very beginning of the hearing

process from our retired military officers who have experienced in the

area and whose experience is going to be invaluable in laying the

groundwork for what we are trying to do here today.

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So, just as a procedural matter, what I will do is I will first ask

the officials from ARMM to give their positions, to give their comments

on the draft BBL. I will try to limit my questions because as you can

see, we have a long list to go through, and we have limited time to do

with it.

In any case, so we will start with ARMM and go on to the LGUs

that are outside of ARMM, and then we will hear from General Adan

who will give us his view on the Bangsamoro Basic Law as has been

given to the Congress.

So, without further ado, let us start with Governor Mujiv

Hataman. Gov, if you would like, you would take the floor first.

MR. HATAMAN. Thank you, Mr. Chairman. Magandang umaga

po.

Just for the record, Your Honor, actually, parang even during the

process on the part of the regional government, parang hindi lang yata

consultation ang ginawa sa amin. In fact, I was invited many times to

join the panel, both of the GPH and MILF in Kuala Lumpur. So, ibig

sabihin noon, na-observe ko iyong process.

But I am here today, Mr. Chairman, dahil malinaw naman po

mula sa simula ang position ng regional government especially iyong

office. . . (nam)

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES Aliccatimbang II-1 June 3, 2015 10:48 a.m. 1 MR. HATAMAN. especially iyong office of the regional

government sa executive. Because I learned the Regional Legislative

Assembly has their own position paper as legislative body of the

regional government.

Humarap po kami ngayon, Mr. Chairman, hindi na para pag-

usapan kung ano ang implikasyon at provision ng batas, kada

provision sa ARMM, dahil malinaw naman po sa ating lahat at mayroon

na tayong pinagkasunduan, halos lahat, at malinaw ito sa ating buong

kababayan na hindi naging tugon ang Republic Act 9054 pag pag-

usapan ang intention nito. Naalala ko lang noong ni-review ko po,

noong akoy nasa Kongreso pa, iyong mga resulta noong proceedings

noong ipinasa ang Republic Act 9054. Noong panahon ng ConCon pa,

noong nagsalita si Senator Domocao Alonto kung ano iyong purpose ng

Autonomous Region for Muslim Mindanao as provided in our

Constitution. Walang ibang intention kung hindi, paano umunlad ang

rehiyon at, pangalawa, kung paano magkaroon ng ganap na

kapayapaan. Dahil dito, pinag-aralan namin ang lahat noong

agreements hanggang sa Republic Act 9054. Lahat naman tayo dito

na nagkasundo at nagkaisa na dapat magkaroon ng kapayapaan at

dapat magkaroon ng pag-unlad. Pero dapat malinaw rin sa ating lahat

kung hindi umunlad and ARMM ngayon, maraming dahilan. Pero

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES Aliccatimbang II-1 June 3, 2015 10:48 a.m. 2 magbibigay po ako ng ilang halimbawa. Ang isa, pinaka-factor dito,

dahil sa kaguluhan. At malinaw rin noong nag-conduct ng pag-aaral

ang World Bank, hindi lang sa ARMM, kung hindi halos sa buong

mundo, malinaw ang resulta ng kanilang pag-aaral. Sa lahat ng bansa

at komunidad na kung saan mayroong kaguluhan, talagang hindi

umuunlad ang bansa. Bibigyan ko ho kayo ng halimbawa dito. Noong

nagkaroon ng agreement ang MILF at ng GPH, nagsimula kami na

mamuno sa ARMM, negative point three (-.3) percent ang GDP ng

ARMM. Noong walang putukan mula 2011, 2012, nag-assume po ako

2013, hanggang 2014, pumalo ng 3.6 percent ang GDP ng ARMM dahil

lumago ang investment. Mula sa walang investor na pumasok, noong

2012 may pumasok na 500 million, noong 2013 may pumasok na 1.5

billion hanggang sa umabot kami ng six billion ngayon dahil nabalik

ang tiwala ng investment dahil wala na po ang conflict.

Another point, nakita rin namin dito, mula noong umupo ang

Pangulong Aquino, kinumpara namin ang investment ng gobyerno

mula noon at kung kailan kami nagsimula after 25 years--anyway, isa-

submit namin iyong data, Mr. Chairman, para makatulong sa pag-aaral

ng Komite--malayo ang pinagkaiba. Kung noon-noon ho, halimbawa,

ang public investment natin sa daanan ay binuhos natin sa mga

regravelling, ang masasabi ho namin sa loob ng tatlong taon,

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES Aliccatimbang II-1 June 3, 2015 10:48 a.m. 3 nakasemento ang ARMM ng, more or less, 200 kilometers na hindi iyan

nagawa ng 22 years of ARMM.

At pangatlo, Mr. Chairman, nakita rin namin ang ilang problema.

Gusto kong tingnan at diinan iyong larangan ng edukasyon dahil

related ito sa issue ng awtonomiya. Oho, mayroong Republic Act 9054

at sinasabi ang mga ahensiya na ito ay devolved na sa ARMM. Pero

lahat ng ahensiya na ito, maliban sa DPWH, noong kami ay umupo,

lahat ng mga ahensiya na ito ay walang program fund. Tila ba binigay

natin ang ahensiya sa ARMM. Nandito iyong mga tao ninyo pero, sa

totoo lang, wala halos magagawa at ginagawa ang tao dahil lahat ng

programa ay hawak pa ng mga national line agency. At ito ang

dahilan bakit namin sinusuportahan ang BBL dahil malinaw sa

proposed BBL kung ano ang hatian. At ang mamamayang Moro ang

magsasabi kung saan mapupunta ang pondo, hindi kada budget namin

kailangan buong kumpanya. Lahat kami ng mga ahensiya, ang RLA,

gumagastos kami palagi pag budget hearing. Hindi ko sinasabi, Mr.

Chairman, na hindi tama ang proseso na ito. Pero sinasabi ko mas

higit na mabuti kung itutuloy natin ang BBL at ganoon ang kalakaran.

Ang Bangsamoro Parliament ang magde-determine batay sa

pangangailangan ng mamamayan. Halimbawa ho, mayroon kaming

dinevise (devise) sa ARMM na isang proseso ng budget. Dahil tayo,

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES Aliccatimbang II-1 June 3, 2015 10:48 a.m. 4 ang accountability natin ay sa ating mga kababayan, therefore, gusto

nating maging proseso at participatory ang pagba-budget upang

makita ng ating mga kababayan kung saan napunta ang pondo dahil

sila mismo ang kasama rito. Pero sa ARMM, hindi namin magagawa

dahil ang magsasabi kung magkano at ilan at para saan ang budget

namin, hindi po ang Regional Legislative Assembly at hindi rin po ang

regional government. Sa totoo lang, kung ako ang pasasabihin ninyo,

mas more autonomous ang ating local government units kaysa sa

current structure ng ARMM. Ang ating local government units

puwedeng mag-function ang kanilang Sangguniang Panglungsod,

Sangguniang Bayan, Sangguniang Panlalawigan upang pag-usapan ang

kanilang budget. Pero sa amin sa ARMM, hindi. Lalong-lalo na ngayon

ni-line item natin lahat, once na pumasa sa Senado at sa Kongreso,

wala na kaming pag-uusapan sa ARMM. Parang ang sinasabi ko rito,

kung mayroon tayong i-improve sa BBL, dapat mabigyan natin ng

consideration ito.

Second point, Mr. Chairman. Tingnan ninyo, magbibigay ako ng

halimbawa, iyong kaibahan ng serbisyo ng national government line

agency pati iyong mga agencies devolved sa ARMM. Halimbawa, sa

kaso ng DepEd. Ang programs, activities and projects or PAPssanay

naman tayo rito dahil dati tayong kongresista, hindi lang ako naging

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES Aliccatimbang II-1 June 3, 2015 10:48 a.m. 5 senadorpero ito iyong ginagawa natin sa budgeting--nandito si Mayor

Beng--sa Kongreso. Ito ang tinilad-tilad natin. Alamin kung ito.

Ikumpara natin, halimbawa, sa national DepEd, 23 ang PAPs nila. Pero

pagdating sa ARMM ay nine lang. Ibig sabihin, mayroong labing-apat

na proyekto o programa or activities, pinapakinabangan ng mga bata

sa labas ng ARMM na hindi pinapakinabangan ng mga bata sa loob ng

ARMM dahil dito sa istraktura at sa relasyon. Na ang tingin ko na ang

dapat pagbigyan ito ng diin habang tinatalakay natin ang BBL.

At ito pa ang masaklap, Your Honor. Halimbawa sa DTI. May

PAPs ang DTI sa buong bansa na seven. Pagdating sa ARMM ay zero.

Sa DOH, mayroon silang beinte; pagdating sa ARMM, lima lang. Ibig

sabihin, ang mamamayan ng ARMM, kung mayroong beinteng health

services, lima lang ang pinapakinabangan ng ARMM. Kung maraming

nagtataka bakit sabi noong ilan, bakit nade-delay iyong project sa

ARMM lagi lalong-lalo na pag wala, tanggalin natin ang DPWH? Inuulit

ko ho, dahil lahat ng program funds ng agencies na na-devolve sa

ARMM ay hindi hawak ng ARMM. Ito ho ay hawak ng national line

agencies. Kaya nga natatawa ako minsan, kung nagmi-meeting ako

ng gabinete, bigla na lang mga kalahati ng aking gabinete ay wala.

Pag tinanong mo nasaan sila, kasi nandoon sa Palawan, sa Manila,

nag-a-attend ng budgeting process ng national line agencies. Hindi ko

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES Aliccatimbang II-1 June 3, 2015 10:48 a.m. 6 po sila masisisi. Dahil nandiyan nga sila, kung wala ka namang

program funds, ano ang gagawin mo. Para kang isang sasakyan, may

driver ka, may pasahero pero wala kang gasolina.

So I hope itong situation, inuulit ko, Mr. Chair, ito ang dahilan,

ang tingin ko, na kung mayroon man tayong ipapasang batas, dahil

alam natin na hindi tugon ang Republic Act 9054 sa kasalukuyang

problema at social structure sa ARMM, hindi dapat mas mababa sa

ARMM ang ipapasa nating batas, dapat mas mataas.

Maraming-maraming salamat po.

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

Gov, iyong sa first part ng inyong mga sinabi, ang sinabi ninyo

maayos naman ang takbo ng ARMM at napaganda mo na mula noong

ikaw ang naging governor at nakikita namin ito. Pero kung maaalala

ninyo/alicc

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES Caturla III-1 June 3, 2015 10:58 a.m. 1 THE CHAIRMAN (SEN. MARCOS). kung maaalala ninyo kaya

tayo nag-postpone ng ARMM election at kung bakit nating ginagawa ito

BBL ay ang pinaka pundasyon na dahilan na sinasabi is that ARMM is a

failed experiment. Sang-ayon ba kayo doon na ARMM is a failed

experiment?

MR. HATAMAN. Masama.

THE CHAIRMAN (SEN. MARCOS). Lahat ng inyong sinabi na

failure of the line agencies na gawin nila ang trabaho nila na mag-

provide ng pondo na i-implement iyong mga project.

Anong kaibahan ng magiging BBL, kung ilalagay natin iyong BBL

dahil ang line agencies ang may problema? Di ba dapat iyon ang

ayusin natin? Bakit ang remedyo doon sa problema ng mga line

agencies ay dito natin gagawin sa pagbago ng autonomous region?

MR. HATAMAN. Actually, dalawang puntos ho, Mr. Chairman.

Una, dinipayn (define) natin iyong intergovernmental relation. Dito

kasi sa RA 9054, immediately after the passage kailangan pa ang

Presidente mag-issue ng executive order para doon sa devolution.

Pero ang devolution na ito hindi na-fulfill at hindi fully na-realize.

Dito ho sa proposed BBL, dinipayn (define) natin kung ano ang

exclusive power, kung ano ang reserved power at ano ang concurrent.

So, hindi kailangan mag-issue ng executive order

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES Caturla III-1 June 3, 2015 10:58 a.m. 2 THE CHAIRMAN (SEN. MARCOS). But iyong devolution,

halimbawa, hindi specifically sa ARMM, pero sa mga LGU, under the

Local Government Code buo. Nakumpleto ang pagka-devolve dahil

iyong 7160 applies to all LGUs. At sa pagkakaalam ko naman iyong

devolution ay kumpleto. In fact, iyong ibang LGU ay sinasabi masyado

ngang mabigat ang naging bureaucracy nila, that the point being, the

devolution was carried out completely, at least, at the local

government level, hanggang sa mga governor.

So, ano pang devolution ang kailangan nating gawin? Dahil ang

pangkaraniwan na LGU ay devolved basically ang health at saka ang

agriculture. Iyong mga devolved functions ay matagal nang nabuo, 21

years na ang 7160. So, ano pang devolution ang kailangan nating

gawin? Again, itoy naging tanong doon sa hearing kahapon. Bakit

kailangan na ibahin natin ang sistema para sa ARMM kung iyong

sistema sa mga LGU ay maliwanag na at tumatakbo naman? Doon sa

puntos nga ng devolution, as I said, paano mo sinasabi na hindi na-

devolve ang functions when, in fact, sa LGU na-devolve lahat ng

functions na-specified sa Local Government Code?

MR. HATAMAN. Ganito ho, Mr. Chairman. Malinaw ho sa atin

may provision ang Constitution na dapat mayroong autonomous

region, di ho ba? So, noong pinasa natin ang batas na ito, dinipayn

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES Caturla III-1 June 3, 2015 10:58 a.m. 3 (define) natin kung ano iyong mga agencies ng national na dapat i-

devolve sa ARMM. Kumbaga hindi na national line agencies ang

gagawa, kung hindi iyong autonomous region na ho.

Halimbawa ho, public works. Ang public works idinivolb

(devolve) natin sa ARMM, pinondohan natin ang ARMM so, lahat nung

daanan diyan ho na malalaki ay ginagawa na ng ARMM at hindi nung

national government at hindi rin nung provincial government.

THE CHAIRMAN (SEN. MARCOS). So, ang sa public works,

iyong devolution, halimbawa, ito tinatanong nga, anong klasipikasyon

ng kalsada ang dapat i-devolve ang trabaho sa ARMM? Kasi mayroon

tayong barangay road, mayroon tayong municipal road. Ang barangay

ang namamahala sa barangay road. And municipality, city, ang

namamahala sa municipal, city. Provincial road, ang namamahala ay

ang probinsiya. Ang national highway, ang namamahala ay public

works. So, ano iyong public works na ginagawa ng ARMM na

kailangang i-devolve?

MR. HATAMAN. Your Honor, bago ho ako umupo, ikwento ko

lang. Bago ako umupo, lahat nung national highways pag ginagawa ay

pinaghahatian ng ARMM at ng national government. Noong umupo ho

ako, pinag-usapan namin ni Secretary Singson, lahat nung national

highways sa kanila. Only during my first year of my term na

18

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES Caturla III-1 June 3, 2015 10:58 a.m. 4 mayroong joint efforts ang DPWH central office pati iyong regional

DPWH. Pero noong umupo ho kami, dahil makikita rin ho natin

nandito iyong mga LGU, malalaman din ho natin kung gagamitin natin

iyong 20 percent nila ang para doon sa pag-aayos ng road sa buong

barangay ho. Sigurado ako aabutin kami ng hundred years bago

masemento ang mga barangay roads kung 20 percent lang ang pag-

uusapan.

Parang ang point ko ho, Mr. Chairman, ganito. Ang denivolb

(devolve) natin is iyong function ng DPWH services to regional

government within the area of autonomy. Kasi iyon naman talaga ang

konsepto ho nung autonomy, hindi iyong function nung provincial

government or local government.

Halimbawa ho, di ba ho ang DPWH din gumagawa ng mga

proyekto, not national road sa other region?

THE CHAIRMAN (SEN. MARCOS). Gumagawa sila kasi sila

ayhalimbawa, sa pagpatayo ng school building, ang public works ay

implementor, hindi sila ang nagde-decide kung saan dadalhin, kung

ano ang design galing sa DepEd, marami. But lahat ng infrastructure

na ginagawa, ang implementor ay public works. Kagaya ng iyong

sinabi ay mayroon kayong joint effort, directed pa rin iyon sa national

highways, directed pa rin iyon sa mga national projects na ang nag-i-

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES Caturla III-1 June 3, 2015 10:58 a.m. 5 implement ay ang public works. Ano ang ating kailangan i-devolve sa

palagay ninyo? Sabi mo iyong function. Ano iyong function na sa

palagay mo ay kailangan pang i-devolve sa autonomous region?

MR. HATAMAN. Halimbawa ho, iyong program funds na ina-

allocate natin sa agencies, since devolved na rin ng fully iyong ibang

agenciesHalimbawa, ganito lang, Mr. Chairman, PCA under

Department of Agriculture. Noong kinukulisap ho kami ngayon,

tinamaan ng coculisap, ang sinisisi nung buong mamamayan, Ano ang

ginagawa ng ARMM? Teka, ang sabi namin, Hindi ho devolved ang

PCA sa ARMM, nasa Department of Agriculture pa.

Second, halimbawa, iyong tanimirrigation, tulad ngayon,

kailangan namin maging self-reliant. Halimbawa, sa bigasan tulad ng

Lanao at Maguindanao ay napakalawak ng kanilang lupain, irrigable

areas, pero ang magde-decide noon kung sino ang mag-irrigate ho,

hindi kami, NIA. Kasi ang NIA hindi po devolved sa regional

government.

THE CHAIRMAN (SEN. MARCOS). Pero ang NIA hindi naka-

devolve kahit saan. Ang NIA pa rin ang namamahala sa irrigations

kahit sa anong probinsiya, kahit sa anong LGU. At bakit nga kailangan

i-devolve? Kasi maraming pagkukulang ang NIA. Kahit pag-usapan

20

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES Caturla III-1 June 3, 2015 10:58 a.m. 6 natin ng matagal iyan detalyado ang kaalaman to tungkol diyan. I am

also the Chairman of Public Works kaya kabisado ko ito.

Ang tanong lang diyan is, ano ang magbabago doon sa pag-

devolve nung mga sinasabi mong function na bakit natin kailangan

baguhin iyong sistema na lahat ng ibang LGU ay ganun ang sistema na

ginagawa? At ang tanong ay, ano ang magiging trabahoSiguro

sabihin natin i-devolve natin ang public works, ibig mong sabihin ang

iyong suggestion na mas magandang gawin ay pati iyong mga national

highways sa loob ng Bangsamoro ay i-devolve sa Bangsamoro

government? So, ang Bangsamoro government na ang mamamahala

sa national highways sa pagpatayo ng eskuwelaha, pagpatayo ng

airport, pagpatayo ng puwerto, pagpatayo ng hospital ay ide-devolve

na natin lahat iyan. Iyong implementing lang, ang public works ang

sinasabi ko. Iyong pag-implement niyan ay ide-devolve natin sa

autonomous region. Iyon bang sistema na pino-propose mo?

MR. HATAMAN. Actually, Mr. Chairman, ang pinaka-essential

kasi rito iyong concept nung autonomy. Kasi dapat ho ma-differentiate

natin ang Local Government Code pati itong konsepto nung autonomy

as provided in the Constitution. Kumbaga, iyong function na which is

not unconstitutional na sinasabi natin na, halimbawa, ng national line

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES Caturla III-1 June 3, 2015 10:58 a.m. 7 agencies, pagdating sa Bangsamoro area or autonomous region dapat

iyan naka-devolve sa kanila kasi nga iyon iyong concept ng autonomy.

THE CHAIRMAN (SEN. MARCOS). Ano?

MR. HATAMAN. Or else, hindi na ho tayo magbubuo ng

autonomous region.

THE CHAIRMAN (SEN. MARCOS). Gov, pag sinasabi mong

devolved, anong ibig sabihin ng devolved? May tao ang Bangsamoro

government na siya ang magtatrabaho, may magko-construct, may

contractor na galing doon na siya ang gagawa, hindi na gagalawin ng

public works iyong mga paglagay ng mga imprastraktura sa

Bangsamoro kundi ang Bangsamoro government lamang lahat ang

gagawa?

MR. HATAMAN. Actually, ngayoncpc

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MR. HATAMAN. ...Actually, ngayon ho ganoon ang ginagawa sa

ARMM. Ang naging problema lang in the past kasi hindi binababa ang

pondo. Actually, Mr. Chairman, even ngayon sa Republic Act 9054

THE CHAIRMAN (SEN. MARCOS). So bale ang sinasabi mo,

na-devolve na nga dahil, iyon na nga, iyong pondo ang problema hindi

iyong function, na-devolve na, kasi, kagaya ng sinabi mo, iyan na ang

ginagawa sa ARMM. Ang problema ay hindi binababa ang pondo. So

ang problema hindi sa pag-devolve kung hindi sa pagbaba ng pondo.

Ibig sabihin, ang kakulangan sa sistema ay doon sa line agencies, hindi

sa pag-devolve.

MR. HATAMAN. Actually, Mr. Chairman, hindi lang sa agencies.

Ganito ho, sa batas sinabi i-devolve, sa Republic 9054. Pero iyong

devolution process, hindi nangyari.

Pero bakit ho ako humantong dito? Ang pinaka-essential naman

sa lahat ng programa kung bakit nagka-delay, kasi nakalaan sa

national line agencies, ito iyong esensya noong block grant. Ibig

sabihin noon, kapag binigay mo ang block grant, ang gagawin ng

Bangsamoro Parliament depending on the needs sa different

communities, kung ano iyong priority program, it is the power and

function of the Bangsamoro government. Actually, mas iyon ang

konsepto ng autonomous.

23


Ngayon ho iba iyong relasyon. Halimbawa, DOTC, sabi nila,

Mayroon kayong DOTC. Pero sa totoo lang ho, ang ibinigay lang sa

amin sa DOTC is tao pati MOOE. Even iyong authority hanggang

tricycle lang ang pwedeng i-register sa loob ng ARMM. Kapag lumabas

ka, mayroong ipaparehistro four-wheelexperience ito ng isang

Cabinet secretary naminpumunta ng Maynila, hinuli.

Ang point ko lang ho, Mr. Chairman, dito siguro, ito iyong mga

dapat maklaro habang nasa proseso tayo noong pagbabalangkas

noong batas para sa Bangsamoro autonomous.

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

much, Gov. Mujiv.

Sinabi ko nga I will limit my questions, pero very interesting ang

ating discussion kaya napahaba ng kaunti. But thank you for that.

The experience of the Regional Governor Mujiv Hataman is, of course,

invaluable to guide us on the improvements that we need to

implement to rectify what has been constantly described as a failed

experiment of ARMM.

So we move on now to the Regional Legislative Assembly. The

8th Regional Assembly of ARMM has given us a position paper and I

think it will be presented to the Committee today by Assemblyman

Ziaur-Rahman Alonto Adiong.

MR. ADIONG. Yes, Mr. Chairman. Thank you very much.

24


THE CHAIRMAN (SEN. MARCOS). Are you ready to present

the paper that you have given the Committee?

MR. ADIONG. Yes, Mr. Chairman. This is in support of the

previous position paper we submitted before this Committee when

your Committee conducted po the committee hearing in Cotabato.

THE CHAIRMAN (SEN. MARCOS). Thats right. Nevertheless,

maybe you can go through the salient points of the paper that you

have submitted today.

So Assemblyman Adiong, you have

MR. ADIONG. Thank you.

If I may be allowed, Mr. Chairman, to continue?

THE CHAIRMAN (SEN. MARCOS). Yes, you have the floor.

MR. ADIONG. Thank you.

In the name of God, the most gracious, the most merciful. All

praise is due to Allah, the God of no equal, the sovereign creator of the

heavens and the earth and all that exist. Peace and blessings be upon

the last prophet of Allah, Muhammad, the son of Abdullah, to his pure

progeny and to his fortunate companions.

Assalamu Alaikum Wa Rahmatullahi Taalla Wa Barakatuh.

Mr. Chairman, in behalf of the 8th Regional Assembly of the

ARMM, I wish to express my personal and our collective appreciation

for the conduct of this committee hearing on the Bangsamoro Basic

25


Law. We truly appreciate the opportunity to address the Honorable

Members of the Senate and of the Honorable Committee on Local

Governments, believing as we do that this hearing is the best venue to

express all issues, concerns and sentiments on the very historic

legislation such as the pending BBL.

We would also, Mr. Chairman, like to extend our highest

commendation to the statesmanship displayed by the Chairman of the

Committee on Local Governments and its members in handling the

review on the Bangsamoro Basic Law placing the concerns of the

Bangsamoro people a priority legislation in our collective desire for a

genuine autonomy and lasting peace for the peoples in Mindanao.

It is our collective position, Mr. Chairman, in the current 8th

Regional Assembly to fully support the peace process between the

government of the Philippines and the Moro Islamic Liberation Front

that lasted 17 long years of hard negotiations occasionally punctuated

by three major armed encounters since the signing of the 1997

General Cessation of Hostilities pursued by then Ramos administration

which eventually continued up to this day and championed by the

Aquino administration under the principle of Tuwid na Daan. As

native Mindanaoans and as a Bangsamoro at that, we should always

remain conscious of these historical antecedents that breathed new life

to the review on the Bangsamoro Basic Law.

26


Mr. Chairman, we would like to manifest that the Bangsamoro

Basic Law should not be less than the Autonomous Region in Muslim

Mindanao. BBL should mean Improved Autonomy.

Mr. Chairman, we suggest that the powers already granted to

autonomous regional government by virtue of 9054 shall be retained

and shall not be removed but rather it shall be enhanced further.

All of us might be in agreement, Mr. Chairman, that the

impression that many of us have on the present structure of the

Autonomous Region in Muslim Mindanao based on RA 9054 has already

been judged by history as a failed experiment. As a regional

assemblyman, although this is something that is really difficult to

accept, Mr. Chairman, I believe that such judgment has been passed

based on two very significant defects on Republic Act 9054. Number

one is the lack of genuine political autonomy and the other is the lack

of real fiscal autonomy.

Our Constitution mandates the creation of autonomous regions

for Muslim in Mindanao and in the Cordilleras because of shared

common and distinctive historical and cultural heritage, economic and

social structures and other relevant characteristics.

Since 1989, we have seen how the ARMM, despite its

shortcomings, attempted to live up to the vision and spirit that guided

27


its creation which, in the words of the surviving framers of the 1987

Philippine Constitution, is all about human development.

We see the Bangsamoro Basic Law as one precious opportunity

to correct the structural as well as human flaws that have attended the

evolution of the autonomous regional government. The aspirations of

the Moros are comprehensively and well-articulated in its pages. This is

the best remedy to the present inequities that the ARMM has suffered

from, Mr. Chairman. If ARMM is dubbed as a failed experiment, then

as a matter of conscience and logic dictates that we must not replicate

the same mistakes again this time with the BBL.

We, therefore, humbly urge the Honorable Members of the

Senate of the Philippines under the leadership of Honorable Senator

Ferdinand Marcos to enhance it further, the version of this House, as

far as the review on the Bangsamoro Basic Law is concerned. This is,

Mr. Chairman, a lifetime opportunity to finally address the legitimate

grievances of our people and to create an atmosphere of peace and

progress for this age and for generations who have yet to arrive.

Again, we would like to express our gratitude to this Honorable

Committee chaired by Senator Marcos for extending to us the

invitation.

Peace be upon us all.

28


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

Adiong.

I would like to acknowledge the arrival of Senator JV Ejercito to

join us in this hearing.

Assemblyman Adiong, as you said, there are failings in theyou

admit that the ARMM is a failed experiment, and on that basis, we

should improve the system and you feel that BBL has an opportunity to

do that. Do you have any specific proposals that should be included in

BBL so we do, as you say, not repeat the same mistakes that we had

made in the creation and in the implementation of the ARMM Organic

Law and its amendment 9054?

MR. ADIONG. Mr. Chairman, first of all, Id like to clarify that it

is not really the Regional Legislative Assembly who came up with the

phrase failed experiment. This is something that ...

THE CHAIRMAN (SEN. MARCOS). No. The phrase failed

experiment, came from the Palace.

MR. ADIONG. Yes, that is correct, Mr. Chairman.

THE CHAIRMAN (SEN. MARCOS). It was first used when we

were deliberating the postponement of the ARMM elections.

MR. ADIONG. Yes, Mr. Chairman. And that is precisely the

premise why we are having this review on the Bangsamoro Basic Law,

29


its because of the perception that many has that the ARMM is not

failing.

And therefore, Mr. Chairman, this is an opportunity for us to

rectify the mistakes that were committed in the past, especially those

flaws that I mentioned in the Organic Act, which is

THE CHAIRMAN (SEN. MARCOS). That is why, Assemblyman,

what are the specific areas that you feel need the improvement?

MR. ADIONG. Well, as far, Mr. Chairman, as the Regional

Legislative... /jmb

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CMNERY V-1 June 3, 2015 11:18 a.m. 1

MR. ADIONG. the Regional Legislative is concerned, the R.A.

1954 is very restrictive as far as exercising the plenary powers of the

regional assembly is concerned.

You see, there is a confusion that creates on the ground

whenever theres a law that is passed by Congress and a law that is

passed by the regional assembly. Mostly, these laws are to cover the

administrative functions of all line agencies in the ARMM. As Ive said,

as what the regional governor has stated, has mentioned before this

Committee earlier, the concept of devolution has not been finally given

to the regional assembly. Those line agencies in the ARMM have failed

to obey or to be instructed by whatever laws that come out by the

regional assembly.

THE CHAIRMAN (SEN. MARCOS). But again, Assemblyman,

that would seem to be a failure of the line agencies and not the system

under which ARMM operates. If the line agencies and the officers that

are in those line agencies could perform their functions more

efficiently, then the problems that you quote and that the governor has

also mentioned would be solved. The solution does not lie in changing

the system as far as I can tell. But if the solution lies in a more

rigorous implementation of the devolution and the other principles and

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CMNERY V-1 June 3, 2015 11:18 a.m. 2 it is a failure in implementation. Im not hearing that it is a systemic

failure.

MR. ADIONG. I guess, Mr. Chairman, the problem really lies

on the system. I beg to disagree. Because, in the first place, ARMM,

under the Organic Act 1954 as far as the legislative function is

concerned, its very restrictive. There are enumerated restrictions as

to how to perform the regional assembly before its own mandate.

You see, Mr. Chair, the regional assembly cannot pass judgment

on local affairs because in the Organic Act 1954, it states that it must

be conformed with the national policies. Say, for example, as far as

the budgeting is concerned, Mr. Chairman, we do not

THE CHAIRMAN (SEN. MARCOS). But you are saying that

you would like the regional assembly, legislative assembly, to pass

laws that are not in accordance with national policy.

MR. ADIONG. No. We are not trying, Mr. Chairman, to

compete with the Congress. What Im trying to prove, Mr. Chair, is on

the concept of autonomy which supposed to be on the essence of

parliamentary and essence of plenary powers

THE CHAIRMAN (SEN. MARCOS). But, Assemblyman, you

said the limiting factor was that you are not allowed to pass laws that

are in conflict with national policy. So if that is the limiting factor, then

32

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CMNERY V-1 June 3, 2015 11:18 a.m. 3 it would seem to imply that you would like to pass ordinances and laws

that are contrary to national policy.

MR. ADIONG. No, that is not my thinking, Mr. Chairman.

What Im saying, Mr. Chair, is that it creates confusion on the ground.

You see, there are laws that passed by Congress and that of this

Honorable Chamber, and there are also laws that are passed in the

regional assembly. There are certain cases wherein these laws are in

conflict. So how to go about with this, how to reconcile this, we dont

have that mechanism to do so.

And therefore, in all the line agencies, they preferred to

THE CHAIRMAN (SEN. MARCOS). National policy must be

supreme. The national law must be supreme. There is no

reconciliation. The national law must be followed. National policy

must be followed. There is no negotiation. There is no discussion.

The laws of the land must be followed. And if anything is passed and

any inferior legislature, like the sanggunian, that is in conflict with any

laws of the land, then the laws of the land must be supreme.

So Im not sure what it is you would like to do that this concept

or this principle is not allowing you to do.

MR. ADIONG. That is correct, Mr. Chairman.

33


Under the economic provision of the Republic Act 1954 where the

assembly is mandated to provide franchise to all those companies

entering the ARMM and try to explore the natural resources. But those

fees, Mr. Chairman, only pertain to charges as far as operation is

concerned. The revenues Mr. Chairman, we are not allowed to impose

levy taxes as far as the major revenue collection is concerned and that

is already in the hands of the Congress. And that is why, Mr.

Chairman, we are tied up, our hands are tied up to really exhaust all

the possible means to boost the potential of ARMM as far as its

economic survival is concerned.

THE CHAIRMAN (SEN. MARCOS). So what we are discussing

here is essentially revenue enhancement for the autonomous

government, is thatthose you feel that you are limited in the options

that are available to you for revenue enhancement.

MR. ADIONG. Yes, Mr. Chairman.

THE CHAIRMAN (SEN. MARCOS). So it boils down to

revenue enhancement that you would like to impose for taxes, you

would like to impose for fees, but that is not in consonance with the

national policy and the practice of regular LGUs.

MR. ADIONG. The share, Mr. Chairman, of supposedly the

share, the inherent right of the autonomous government and Muslim

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CMNERY V-1 June 3, 2015 11:18 a.m. 5 Mindanao over those business interests that are coming in as far as

collection is concerned. And number two, Mr. Chair, there has to be a

clear revenue collection and policy direction as far as the sharing

between the central and the autonomous government is concerned

because that is already, not only silent in the organic act, but it is the

powers thats already been assumed by the central government. And

that is why, as Ive said, as far as the regional legislative assembly is

concerned, our hands are tied up to pass a law that has very, very

minimal effect on our economic condition.

THE CHAIRMAN (SEN. MARCOS). Let us have a specific

example.

What law would you have liked to pass that you were not allowed

to do?

MR. ADIONG. For example, Mr. Chairman, we are only allowed

to pass the Tax Revenue Code that we amended during the previous

assembly. But there are problems because it would be another issue

on double taxation.

That is correct, Mr. Chairman. The taxes that were supposed to

be getting from these companies are already given to the national

government and we are only limited to operational charges. And that

is one of the issuesthe scenario that happens, Mr. Chair, we cannot

35

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CMNERY V-1 June 3, 2015 11:18 a.m. 6 impose taxes. These taxes, Mr. Chairman, that we were saying, part

of our revenue collection.

THE CHAIRMAN (SEN. MARCOS). If any local government is

to enjoy the benefits of the abundance of richness or services of the

state, then you must also contribute to the state. Hindi lang naman

one way, na dinadagdagan ninyo iyong buwis at nangongolekta kayo,

kailangan mag-contribute din kayo salike any other LGU. The LGUs

collect taxes, they have their local taxes but also the internal revenue

allotment, the IRA, they contribute to the national government and

part of that is given back to the local government. That seems to be a

fair arrangement. Kailangan mag-contribute din. Hindi naman

kailangan bastat isa lang ang direksyon ng pagpunta ng benepisyo.

MR. ADIONG. Yeah. But the difference, Mr. Chairman,

between ARMM and that of the LGU is the assembly is mandated to

create offices and also to create municipalities.

Where can we get, for example, budget for the operation of an

office being created if our resources is very, very minimal? And LGUs,

they are not mandated to create big offices, line agencies and as well

as municipalities.

THE CHAIRMAN (SEN. MARCOS). I beg to differ.

36


LGUs have many mandated offices and secondly, when you talk

about devolution, you ask any governor here about the load in their PS

of the civil servants in the healthcare sector kung gaano kabigat ang

napunta sa kanila but they have to live with it. They have had to live

with it.

What you are describing is the same situation that every other

local government has to operate under. Again, why should there be a

difference?

MR. ADIONG. Because Mr. Chair, there is already a

jurisprudencetheres also a policy by the national government

especially the DBM that if an office is created or a municipality or

barangay is created, the budget that would be allocated for the

operation of such offices and barangays and as well as municipalities

shall be slashed out from the local funds that is gathered from the

regional

THE CHAIRMAN (SEN. MARCOS). Thats the same as every

other LGU?

MR. ADIONG. Yes. But that is why, Mr. Chairman, we have a

very, very minimal

THE CHAIRMAN (SEN. MARCOS). So does every other LGU

have a very minimalWe will go through what are in an LGU.

37


In an LGU, halimbawa, sabihin na lang natin that they are within

the limit of their PS which is 55 percent, which most LGUs are not,

lampas sa 55 percent. But lets just say, 55 percent. There is a

mandated appropriation of 20 percent, the 20 percent development

fund. After that, there is also a mandated calamity fund na pag hindi

nagamit kinukuha din naman sa LGU.

Anyway, what is left now/cmn

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CBGealan VI-1 June 3, 2015 11:28 a.m. 1

THE CHAIRMAN (SEN. MARCOS). what is left now to the

LGU? Maybe 15 percent of their entire budget. Pag maganda na ang

patakbo, that is the only thing that is left for the initiatives of an LGU.

How is that different from your situation?

MR. ADIONG. Let us go back, Mr. Chair, to the powers granted

to the regional assembly. By virtue of Republic Act 9054, we are

tasked and mandated to create municipalities and barangays, line

agencies, and as well as province. But then again, how can we get

these resources in order for us to allocate fundings for these line

agencies and

THE CHAIRMAN (SEN. MARCOS). Let me make a suggestion.

MR. ADIONG. But the IRA, Mr. ChairmanIm sorry, Mr.

Chair

THE CHAIRMAN (SEN. MARCOS). The LGUs to try to find

funding. Kung kulang ang IRA share, ang ginagawa nila pinapaganda

nila ang koleksyon nila sa real property tax. Gumagawa sila ng

economic enterprise. They try to find ways to earn money somehow

para may pondo sila para magawa nila iyong kanilang mga project na

initiative nila. What is the difference? Why cannot the ARMM do the

same thing?

39


MR. ADIONG. I think the difference, Mr. Chair, is we are

expectedwe, Mr. Chair, we are only given, for example, as compared

to the barangays and to the municipalities which their IRA is

automatically devolved to them or downloaded to these agencies, to

the LGUs, in the ARMM, we have to defend our budget that is

determined and prepared by the DBM, and imposed a ceiling. So, for

example, the DBM decides to give us only one peso, we have to go to

the Senate and to the Congress to defend this one peso. That is a

very dismal condition, Mr. Chair.

And, also, we go back to the essence of autonomy because if we

dont base our line of thinking in this review on the BBL on the concept

of autonomy, then theres nothing, Mr. Chair, Im sorry to say, but

theres nothing here to discuss other than to say that whatever the

government tries to impose on the people in the Bangsamoro, we only

have to obey and accept.

THE CHAIRMAN (SEN. MARCOS). Again, that is pretty much

the same situation for every citizen of the Republic of the Philippines.

What is determined as policy by the national government,

everybody has to follow. All of the government agencies have to

follow. All of the LGUs have to follow or else they will not be supported

by national government.

40


MR. ADIONG. But their

THE CHAIRMAN (SEN. MARCOS). I dont see any difference.

MR. HATAMAN. Mr. Chairman.

MR. ADIONG. Mr. Chairman, theres also

THE CHAIRMAN (SEN. MARCOS). The limitations that are put

upon ARMM are also put upon every other LGU, if not more so. So,

again, Im not clear. I understand that you, of course like all LGUs,

are trying to find ways to improve their financial situation. That is

perfectly natural, and that is what all local executives have to do. But

again, the IRA, for example, of the local government units within the

ARMM are still given to them.

Now, in other regions, for example, there is no regional

government that has a budget of 24.3 billion in this year. All we have

in the LGUs is what we get from the IRA, from what we get from local

collections, and what we make on economic enterprises. Walang

dagdag. Pero sa inyo, ARMM, may 24.3 billion kayo sa 2015. And

youre saying kulang pa rin iyon. In our regions here, nandito si

Senator JV, kung madagdagan iyong region namin ng 24.3 billion ay

siguro we will be celebrating parang Pasko.

MR. HATAMAN. Mr. Chairman, if I may, Mr. Chairman.

THE CHAIRMAN (SEN. MARCOS). Yes, Governor.

41


MR. HATAMAN. Mr. Chairman, ano lang ako, baka ma-

misunderstood iyong 24 billion. Mayroon kaming study, Mr. Chairman,

ngayon kinukuha ko iyong data, kinumpara namin, ni-lump up iyong

budget ng ARMM kasama iyong IRA, lahat, at ikumpara sa ibang

region, mas mababa pa rin iyong ARMM. Bakit ho? Kasi iyong sinasabi

nating halimbawa, twenty four point something billion, 60 or around 70

percent niyan ay mapupunta sa teachers, sa empleyado, na ginagamit

din noong ibang agency. So wala hong bagong budget dito.

Nagkataon lang kasi nga dahil doon sa concept ng autonomy na dinaan

sa autonomous region iyong pondo. Pag tinanggal mo iyong

autonomy, walang kaibahan iyon doon sa ibang region, and in fact,

mas malaki. I-try nyo ho i-research, at I will give copy later, Mr.

Chairman, para sa comparison lang noong budgeting para hindi

mamangha ang ilan sa ating mga kababayan napakaespesyal naman

ng mga Bangsamoro dito. Pero ang reality ho niyan, hindi ho espesyal

pagdating sa allocation. Ngayon lang din namin nararamdaman

actually na espesyal kami dahil ang public works budget namin ay

lumobo. Pero hindi ito nangyari noong mga nakaraan na ginagawa sa

ibang region.

THE CHAIRMAN (SEN. MARCOS). Fair enough.

Thank you, Gov.

42


Again, I did not mean to have an extended discussion with you,

Assemblyman Adiong, but again, these are issues that have been

raised in other hearings and it is very useful for us to ask you from

your own personal experience in the context, as I said, of other

ordinary, rather than special, LGUs.

So to move on at mahaba itong listahan, we would like to call on

the LMP President of Lanao del Sur, Mayor Pandi, President of the LMP

of Lanao del Sur, who will give us a presentation on their position.

MR. PANDI. Bismillah ir-Rahman ir-Rahim.

Assalamu alaikum warah matullahi wa barakatuhu.

My greeting of peace to everyone, especially to our Honorable

Chairman of the Committee on Local Government, Senator Ferdinand

Bongbong Marcos Jr., and of course, Senator JV Ejercito.

Mr. Chairman, with me today are practically all the mayors of the

provinces comprising ARMM. And just to be recognized, may I request

all my fellow mayors to please stand up.

THE CHAIRMAN (SEN. MARCOS). Aba, kumpleto yata. I

hope that may skeleton crew man lang na naiwan doon sa probinsya

ninyo. [Laughter]

Okay. To the mayors, welcome to the Senate.

Maraming salamat sa inyong pagdalaw.

43


MR. PANDI. Mr. Chairman, we came to attend this Committee

hearing to show our support and solidarity behind the Bangsamoro

Basic Law.

We also would like to belie the insinuations and reports that the

local government units in the ARMM provinces are opposing the

Bangsamoro Basic Law. Mr. Chairman, we recognize the fact that the

interest of the entire country and of the Bangsamoro people is much

more important than our own individual interest. That is why, Mr.

Chairman, we rest our caseour own political agenda to the

government.

So with that, Mr. Chairman, allow me, please, to read the

manifestation of support of the mayors of the ARMM.

We, the mayors, and other officials from the provinces of

Basilan, Lanao del Sur, Maguindanao, Sulu, and Tawi-Tawi, all under

the jurisdiction of the Autonomous Region in Muslim Mindanao, express

our unequivocal and unbending support for the passage of the

Bangsamoro Basic Law. We declare this as we echo the resounding

hope of our people for the fulfillment of lasting peace not only for

Mindanao, but for the entire country as a whole. This is our way of

showing to our constituents that as chief executives, we are not only

administrators, but most importantly, peace builders who represent

44


the voices, the dreams, and aspirations of the Bangsamoro people.

We take note of how BBL has been perceived positively by majority of

the residents of the core areas of the proposed Bangsamoro territory

as shown by the results of the Social Weather Station Survey. We

stand firmly for peace that has always been elusive for the people in

Mindanao, and that a status quo characterized by conflict is not

acceptable/cbg

45

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES JTBCadaing VII-1 June 3, 2015 11:38 a.m. 1

MR. PANDI. is not acceptable. We stand firmly against

Mindanao conflict and war that created an endless cycle of violence

that diminishes our peoples economic and social well-being, tarnishing

human dignity as conflict and war result in massive displacement and

deaths among our civilians, hunger and poverty, human traffickings

and the disintegration of human moral standards. We believe that the

Bangsamoro Basic Law opens new opportunities for everyone in the

region. Through its passage, the regional government and the local

government units would be strengthened further.

Currently, the ARMM is blessed with many natural resources

that can be tapped to help our people and our country in general.

Basilan is topmost in the production of rubber; Lanao Del Sur has the

Mindanao State University and the Lake Lanao; Maguindanao can

harness the Liguasan Marsh and is the top corn producer in the region;

Sulu has high quality coffee and durian; and Tawi-Tawi is the main

source of seaweed and high-value aquatic resources. These

industries and and resources can be developed further if there is peace

in the region.

Peace can also provide the environment wherein our people,

instead of worrying about the conflict, can focus on economic and

developmental activities. It has been shown that the current ARMM

46

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES JTBCadaing VII-1 June 3, 2015 11:38 a.m. 2 was able to accomplish a lot even if peace was still under negotiations.

Areas that were previously inaccessible were reached by government

services and significant development is beginning to be felt in remote

areas.

The Bangsamoro government can do a lot more. We believe

that more breakthroughs can be achieved with the BBL especially

under a Bangsamoro Region that is structurally superior and better

clothed with authority compared to the Organic Act that created the

ARMM.

As we express this, we also reiterate our full support to the 17

long years of peace negotiations. Now is the time to finally complete

these peace negotiations. We could not afford to wait any longer. We

could not procrastinate on this issue. We could not miss this golden

opportunity to shape a better future for the Bangsamoro people and of

Mindanao. Thus, we humbly request our legislators to review and

approve the proposed Bangsamoro Basic Law, a law that is undeniably

has the stamp of the Moro aspirations for peace, justice, genuine

autonomy and self-determination.

In the name of justice and peace in Mindanao, please, please

pass the BBL.

Thank you very much.

47


THE CHAIRMAN (SEN. MARCOS). Thank you, Mayor Pandi.

[Applause]

Ladies and gentlemen, no applause please. We are not making

speeches. They are testifying before the Committee.

Mayor Pandi, what essentially youre saying is that war is no

good and peace is good. I think only the devil would contradict you on

that. So we are in agreement.

But just one question. So in your viewit is your position that

the BBL, the draft BBL as transmitted to Congress is the version that

we should pass, no changes.

MR. PANDI. Mr. Chairman, we leave that to the discretion of

the Senate. But we believe that a strong BBL is the best for our

region.

THE CHAIRMAN (SEN. MARCOS). We all believe the same

thing. But as they say, God is in the details.

Are there no specific proposals that you would like to make,

amendments to propose on the BBL or do you feel that the draft BBL

as it has been submitted to Congress is perfect?

MR. PANDI. Mr. Chairman, in the last consultations that we

have, as far as the province of Lanao Del Sur, we have submitted our

position paper.

48

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES JTBCadaing VII-1 June 3, 2015 11:38 a.m. 4 [Power Interruption]

THE CHAIRMAN (SEN. MARCOS). Ayan. Okay, its back.

Mayor Pandi, can you take us to the salient points of the

suggestions that you would like the Committee to take on, for the

record?

MR. PANDI. Yes. In that position paper that we submitted to

Your Honor, the foremost issue that we presented was about the ARMM

employees.

THE CHAIRMAN (SEN. MARCOS). About the?

MR. PANDI. ARMM employees.

THE CHAIRMAN (SEN. MARCOS). What about the ARMM

employees, Mayor?

MR. PANDI. Since they are going to be abolished and they are

also our constituents, we believe that there is a need to provide some

provisions on where should they go. And in fact, we suggested that

to make it more appealing to themwe should provide a good

separation package for them so that they can opt to retire if they want.

THE CHAIRMAN (SEN. MARCOS). So the option that you

would like to present to our civil servants whose offices will be

abolishedthat they retire, they take on early retirement.

MR. PANDI. Yes, Mr. Chairman.

49


THE CHAIRMAN (SEN. MARCOS). So there are 36,000 civil

servants. You propose that all 36,000 take early retirement?

MR. PANDI. That is only for those who would opt to retire or

who will not be absorbed by the new Bangsamoro government.

THE CHAIRMAN (SEN. MARCOS). Okay. So youre saying

that any of the civil servants that will not be absorbed by the new

Bangsamoro government and the bureaucracy will just be given early

retirement.


THE CHAIRMAN (SEN. MARCOS). Okay. What other

proposals do you have for the BBL?

MR. PANDI. The other three concerns are, of course, the three

constitutional bodies; the creation of a separate Commission on

Elections, Commission on Audit and Civil Service.

THE CHAIRMAN (SEN. MARCOS). What do you propose

concerning those constitutional bodies?

MR. PANDI. We just presented that issues for some

apprehensions that it might create more problems in our areas if that

is not properly addressed.

THE CHAIRMAN (SEN. MARCOS). Okay. So are there any

other proposals that you have made in your position paper?

50

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES JTBCadaing VII-1 June 3, 2015 11:38 a.m. 6 MR. PANDI. No, Mr. Chairman. We just raised that as an issue

for us to ponder upon.

THE CHAIRMAN (SEN. MARCOS). Okay. Upon further

discussion, clearly, you do not want us to pass the draft BBL. You

want us to pass a different version. And that you have raised these

points and that you wish that the Senate and the Committee will

examine those points and make the appropriate amendments to the

draft BBL.


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

Mayor Pandi. We will revisit your position paper and go into the details

of your proposals.

Next to give us a position, from the province of Basilan,

Governor Jum Akbar.

Maam, if you would care to present the position of the province

of Basilan?

MS. AKBAR. Salamat po.

Sa Basilan po ang position namin, kami ay para sa kapayapaan

at kung kayat sumusuporta kami sa panukala ng ating mahal na

Pangulo na tuwid na daan. Matagal na pong suliranin ang kapayapaan

sa Mindanao lalo na sa probinsiya ng Basilan at kami ay naniniwala na

51

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES JTBCadaing VII-1 June 3, 2015 11:38 a.m. 7 makakamtam natin ito sa ating pagtutulungan.

Sa tagal ng panahon, marami ng mga ibat- ibang paraan na

ginawa ang ating gobyerno para makamtan ang kapayapaan at ang

landas na tatahakin natin ngayon ay isa lamang sa mga paraan na ito.

Sana po ay bigyan/jbc

52

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES MPMendoza VIII-1 June 3, 2015 11:48 a.m. 1

MS. AKBAR. Sana po ay bigyan natin ito ng pagkakataon na

umusbong nang sa ganoon ay masabi natin na ginawa na natin ang

lahat ng ating makakaya para sa ating sarili, sa ating mga kapwa at

hindi lang para sa mga Basileo.

Maraming, maraming salamat po.

THE CHAIRMAN (SEN. MARCOS). Thank you.

I am smiling and I am teasing our friends from the OPAPP

because some of the testimonies that we are hearing now differs

greatly from what we heard when we were in Zamboanga, when we

were in Marawi and when we were in Cotabato.

But nevertheless, the Committee takes on all of the positions

that you have given. Again, what I am hearing is that everybody is for

peace.

Can we agree on that?

VOICES. Yes.

THE CHAIRMAN (SEN. MARCOS). Okay. So beyond that,

what are we going to do to achieve that peace? Are we now saying

that the draft BBL, as presented to Congress, is what is going to bring

that peace? If you say Yes, then what you were saying is that we

will pass the draft BBL with no amendments and no changes. Because

we are all for peace, nobody wantthere are statistics given here why

53


during wartime the development of the economy was very poor. When

the fighting stopped, the development of the economy was very good.

I think that the whole reason why we are undergoing the peace

process is because we understand that. I think we can agree that

everybody here is trying to find ways to achieve peace. People have

different ideas. What we need to hear from you are those different

ideas, not that you are for peace. We are all for peace. As I said, only

the devil will contradict you saying that we want peace. I do not feel

that there are any devils here today.

So could we hear more specific proposals vis--vis concerning

the BBL so that it is made more effective at achieving that peace,

being part of the peace process? But if there are no specific proposals,

I can only infer that you feel that the draft BBL, as written, is what we

should pass and we should not make any changes.

MR. CAMLIAN. Yes, Mr. Senator, you should pass that BBL.

Thats our answer to your question.

THE CHAIRMAN (SEN. MARCOS). No, no. I was asking those

who have already testified.

I was asking the others. Your position in the Transition

Commission is very clear because you wrote the BBL. I wish you were

in our hearing yesterday because we had many questions on the

54


specifics. That is unfortunate because we didnt send you an

invitation. But never mind, at least you are here today and we can

take that up now.

Gobernadora, are there any specifics that you would like for the

Committee to hear about on how to improve the BBL? Or is it your

view that the BBL, as it is written, does not need any improvement?

MS. AKBAR. Mayroon na din po kaming sinumite na position

paper noong last hearing sa Zamboanga. In fact, medyo malungkot

lang po ang aming mga constituents nang sinabi nila sa TV na we are

against BBL or ayaw namin sa BBL samantala may position po kami

supporting the BBL. At ang position paper po namin ay halos

mayroon kaming common concern tungkol doon sa mga different

issues.

THE CHAIRMAN (SEN. MARCOS). Kung pwede, for the

record, ipaalam mo sa Committee kung ano iyong mga concern ninyo.

MS. AKBAR. Katulad po ng mga agencies na nabanggit na

kanina, mga pulis at saka COA, Comelec, Civil Service. Iyon po.

THE CHAIRMAN (SEN. MARCOS). Iyong mga constitutional

bodies.

MS. AKBAR. Yes po.

55


THE CHAIRMAN (SEN. MARCOS). Tapos may dagdag, iyong

sa pulis.

MS. AKBAR. Yes.

THE CHAIRMAN (SEN. MARCOS). Okay.

MS. AKBAR. Iyon po ang sinasabi naming common at mayroon

din po kaming specific na katulad noong para sa Basilan ay iyong mga

districting na medyo nagkakapalitan po atkaunti lang naman din po.

Ganoon din po ang ibat ibang probinsiya, lalo na sa Basulta na

mayroon din po silang specific.

So iyon po ang gusto naming i-apila na sana po ay mabigyan ng

solusyon.

THE CHAIRMAN (SEN. MARCOS). So mayroon kayong

concern na unconstitutional iyong pag-create ng sariling COA, CSC at

saka Comelec sa Bangsamoro dahil ito ay constitutional bodies?

MS. AKBAR. Yes po.

THE CHAIRMAN (SEN. MARCOS). So what you are saying is

that essentially, the BBL as it has been written, is unconstitutional?

MS. AKBAR. Well

THE CHAIRMAN (SEN. MARCOS). Very well. No, never mind.

Ayaw kitang ipitin, I am just trying to clarify that position. But this is

more in accordance with what we heard when we were in Zamboanga.

56


MS. AKBAR. Yes po.

THE CHAIRMAN (SEN. MARCOS). That is what I wanted the

Committee to hear, that these concernsdespite our support for peace

and the idea behind BBL that there are concerns, at least from the

governor of Basilan, on the constitutional level.

So, maam, hindi ko kayo gustong ipitin pero gusto ko lang

liwanagin kung ano ba talaga iyong inyong position.

MS. AKBAR. Opo.

THE CHAIRMAN (SEN. MARCOS). Maraming salamat, Gov.

MS. AKBAR. Maraming salamat po.

THE CHAIRMAN (SEN. MARCOS). Now, the next resource

person we will call on is the representative of the City Mayor of

Isabela. His representative is Atty. Smith General, who is the legal

counsel of the city.

Attorney, are you ready to present?

MR. GENERAL. Yes, Your Honor.

THE CHAIRMAN (SEN. MARCOS). Please go ahead.

MR. GENERAL. In behalf of the City Mayor of Isabela,

Honorable Cherrylyn Akbar, who is unfortunately on leave, please allow

me to read to you the official position paper prepared by the City

Government of Isabela City, Basilan.

57


Time and again, Isabela City is faced with a crucial predicament.

To be or not to be? That is the age-old question that has become a

significant part of the journey of every Isabeleo. To be or not to be

included in the Bangsamoro Government is the question at hand.

Beyond any scintilla of doubt, the answer of Isabela City is

categorically in the negative.

Please allow me to mention to you the reasons why Isabela City

abhors its inclusion in the so-called Core Territory of the Bangsamoro

Government.

First, most of the Isabeleos are of the belief that the proposed

Bangsamoro Government is another strategy for peace in Mindanao

and the replacement of the would-be abolished Autonomous Region in

Muslim Mindanao or ARMM. As such, our stance on this issue remains

unchanged. Isabela City said No to ARMM, Isabela City now says

No to Bangsamoro.

Second, majority of the Isabeleos viewed their right to self-

determination as a cardinal principle that should be observed and

respected at all times. As a people, they have the right to decide on

what their future should be. They have the right to be consulted first

even before the name Isabela City should have been included in the

list of the core territory of the Bangsamoro Government in the

58

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES MPMendoza VIII-1 June 3, 2015 11:48 a.m. 7 Bangsamoro Basic Law. To ignore that right would be tantamount to

an unjust imposition. Hence, Isabeleos say No to the inclusion to

the Bangsamoro Government.

Third, the Bangsamoro Basic Law denies the Isabeleos of the

equal protection/mpm

59


MR. GENERAL. equal protection of laws guaranteed by no

less than the Constitution in the sense that while other contiguous local

government units are given the right to join in by resolution or petition

of 10 percent of the registered voters thereof, the Isabeleos are not

so given but are instead listed to be part of the Bangsamoro

government by providing for its inclusion in the core territory.

Fourth, the leading exponents of the Bangsamoro Basic Law are

saying that the Bangsamoro is the replacement of the ARMM. It bears

stressing at the present juncture that Isabela City had in the past

voted against its inclusion in the Autonomous Region in Muslim

Mindanao, not once but twice.

Fifth, the last sentence of Section 7, Article VI of the proposed

Bangsamoro Basic Law provides, and I quote, The privileges already

enjoyed by the local government units, under existing laws, shall not

be diminished unless otherwise altered, modified or reformed for good

governance, in accordance with the law to be enacted by the

Bangsamoro Parl

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