BBL IN SENATE | Public Hearing in Sulu, May 13, 2015

Republic of the Philippines CONGRESS OF THE PHILIPPINES

S E N AT 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, May 13, 2015

TIME : 10:30 a.m.

VENUE : Sulu Provincial Multi-Purpose Gymnasium Capitol Site, Patikul, Sulu

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

SENATOR PRESENT:

Hon. Ferdinand R. Marcos Jr. - Chairman, Committee on Local Government

GUESTS/RESOURCE PERSONS:

Hon. Antonio F. Lagdameo Jr. - Representative, Davao Del Norte Hon. Abdusakur Toto Tan II - Governor, Province of Sulu

1

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES Wednesday, May 13, 2015 Page 2

Hon. Abdusakur Tan - Vice Governor, Province of Sulu

BGen. Arturo Jose Orticio Jr. - Armed Forces of the Philippines

BGen. Carlito Galvez - Western Mindanao Command Deputy Commander for Peace Process Armed Forces of the Philippines

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

Atty. Al Julkipli - Presidential Adviser on the Peace Process (OPAPP)

Mr. Nasser Tagayan - Presidential Adviser on the Peace Process (OPAPP)

Ms. Jana Emran - Presidential Adviser on the Peace Process (OPAPP)

Atty. Nabil Tan - Undersecretary and Head, Manila Coordinating Office, Office of the President of the Philippines

Mr. Asani Tammang - Commissioner, Bangsamoro Transition Commission

Ms. Fatmawati Salapuddin - Commissioner, Bangsamoro Transition Commission

Mr. Alih Aiyub - Commissioner, Bangsamoro Transition Commission

Mr. Abraham Burahan - Secretary General, League of Municipalities; Mayor, Municipality of Hadji Panglima Tahil, Province of Sulu

Mr. Hussin Amin - Mayor, Municipality of Jolo Province of Sulu

2


Mr. Anton Burahan - Mayor, Municipality of Pata Province of Sulu

Mr. Gafor Abdurajak - Mayor, Municipality of Old Panamao Province of Sulu

Mr. Allayon Arbison Jr. - Mayor, Municipality of Luuk Province of Sulu

Mr. Hadji Amilhama Taib - Mayor, Municipality of Pangutaran Province of Sulu

Mr. Madzhar Loong - Mayor, Municipality of Parang Province of Sulu

Mr. Nasser Daud - Mayor, Municipality of Tapul Province of Sulu

Ms. Liezel Halun - Mayor, Municipality of Kalingalan Caluang, Province of Sulu

Ms. Mussah Muksan - Mayor, Municipality of Siasi Province of Sulu

Ms. Sitti Raya Tulawie - Mayor, Municipality of Talipao Province of Sulu

Mr. Saripuddin Jikiri - Mayor, Municipality of Indanan, Province of Sulu

Mr. Hadja Dorni Daud - Vice Mayor, Municipality of Tapul Province of Sulu

Mr. Nasser Hayudini - Councillor, Municipality of Patikul Province of Sulu

Mr. Edmund Tayao - Local Government Development Foundation

Mr. Jorshon Hailil - Fifth Sharia Circuit Court, Hall of Justice

3


Mr. Edmund Gumbahali - Lead Convenor, Tausug Network

Mr. Mohammad Faizal Alih - Member, MATAWKASI, Inc.

Mr. Zanzibar Hadjulani - Chairman, Anak Sug Alliance

Mr. Abdulajid Estino - PAZAMBATASUL

Fr. Romeo Villanueva - Vicariate General, Bishop of Jolo Director, Justice, Peace, Integrity of Creation Ministry

Mr. Albi Julkarnain - Datu, Jolo, Sulu

Mr. Abubakar Mohammad - Professor and Local CSO Leader

Atty. Benedicto Bacani - Executive Director Institute for Autonomy and Governance

Mr. Rey Danilo Lacson - Professor, Institute for Autonomy and Governance

Mr. Abraham Idjirani - Secretary General of Sulu Sultanate

Ms. Fatima Rasul - Philippine Council on Islam and Democracy

Atty. Salma Rasul - Philippine Council on Islam and Democracy

Mr. Habib Mujahab Hashim - Senior Officer, Moro National Liberation Front

Mr. Aljiber Ismael - Vice President, Tausug Active Youth Organization, Inc.

Ms. Fadzinya Kahalan - Tausug Active Youth Organization, Inc.

Mr. Sali Abdulmajid - Sulu Alliance for Peace and Development

4


Mr. Abdul Kong Sahrin - Secretary General, MNLF Central Committee

Mr. Sharif Juhor Hali - President, Directorate of Islamic of the Philippines

SENATORS STAFF

Atty. Jose Cadiz, Jr. - O/S Marcos Atty. Minda Lavarias - O/S Marcos Atty. Ryan Estevez - O/S Pimentel Atty. Elbert Cruz - O/S Pimentel Atty. Jason Co - O/S A. Cayetano Mr. John Carlos - O/S A. Cayetano

SENATE SECRETARIAT:

Ms. Assumption Ingrid B. Reyes - Legislative Committee Secretary Ms. Cindell B. Gealan - Legislative Committee Stenographer Ms. Ma. Rosalinda J. Catadman - - do Ms. Bathaluman H. Gonzales - - do

Ms. Imelda J. Vicedo - - do Ms. Mylene R. Palino - Legislative Committee Clerk Mr. Daniel D. Diamzon - - do Mr. Jimmy Gaviola - - do Ms. Gina Rowena Nortez - Legislative Page Mr. Eric Jalandoon - - do

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

5

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES CBGealan I-1 May 13, 2015 10:34 a.m. 1

AT 10:34 A.M., HON. FERDINAND R. MARCOS JR., CHAIRMAN OF THE COMMITTEE ON LOCAL GOVERNMENT, CALLED THE HEARING TO ORDER.

MR. UKKOH. Assalamu alaikum wa rahmatullahi wa barakatuh.

Good morning, ladies and gentlemen.

Well start the program or the event this morning by way of an

invocation. May I respectfully invite Al Pataunti from UP Diliman to

lead us in prayer. This will be followed by the singing of the Philippine

National Anthem.

[PRAYER]

[SINGING OF THE NATIONAL ANTHEM]

MR. UKKOH. Thank you very much.

Once again, ladies and gentlemen, good morning.

This time, Honorable Abdusakur Toto Tan II, Governor,

Province of Sulu, will now deliver his opening and welcome remarks.

MR. A. TAN II. Bismillaahir Rahmaanin Raheem.

Assalamu alaikum wa rahmatullahi wa barakatuh.

Good morning, everyone. On behalf of the provincial

government and the people of Sulu, allow me to extend a warm

welcome to Senator Ferdinand R. Marcos Jr., Chairman of the Senate

Committee on Local Government and Senate Committee on Peace,

6


Unification and Reconciliation, and the Senators party for the Joint

Committee Hearing on the BBL this morning.

I am also acknowledging the presence of distinguished guests

and resource persons and representatives of various sectors of our

society, who, I hope, will be allowed the opportunity to be enlightened,

clear whatever doubts and concerns they may harbor on the crafting of

a law defining the future of the region.

Sa totoo lang, hindi naman talaga ang BBL mismo ang pinag-

uukulan ng pansin ng mga karaniwang tao. Natitiyak ko na karaniwan

sa amin dito ay hindi ukol nang panahon na mabasa man lamang ang

draft law. Ang karaniwang sinasabi sa mga usap-usapan sa tabi-tabi

na ang MILF na daw ang papalit sa pamamahala ng ARMM at ng mga

lalawigan na sakop nito. Hindi po natin masisisi ang mga tao sapagkat

ang issue ng BBL ay hindi lubusang naipaliwanag sa amin at sa

karaniwang mamamayan upang lubusan nilang maunawaan at

makaiwas sa mga haka-haka na sa halip na makabuklod ay nakakahati

sa amin dito sa lalawigan ng Sulu.

With the presence of the various sectors here today, I hope the

Senate Committee and the resource people participating can clear the

air that this current episode obtaining in the region is not a matter of

virtual takeover of local governance by an occupying force or forces as

7


bannered about by some quarters. In the course of this public

hearing, let me be the one to beg the indulgence of the honorable

Senate Committee when there are queries not on the provisions of the

law but more on the outpouring or murmuring sentiments of

uncertainties on what awaits in the future.

Mauli, magsukol kanyo katan.

Assalamu alaikum wa rahmatullahi wa barakatuh.

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

Governor Tan.

I would, at this point, now call to order.

We call to order the hearing of the Committee on Local

Government of 13 May 2015.

Our agenda today is Senate Bill No. 2408. And to read the title,

it is An Act Providing for the Basic Law for the Bangsamoro, 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.

This Senate Bill No. 2408 is more commonly known as the Draft

Bangsamoro Basic Law and that is our agenda for today.

8


I would like to acknowledge for the record the presence of

Representative Anton Lagdameo of Davao Del Norte who is serving

today as our liaison to the House of Representatives; the Chief of Staff,

General Gregorio Catapang, is represented by Brigadier General Arturo

Jose Orticio Jr.

Also here is Brigadier General Carlito Galvez who is the

WestMinCom Deputy Commander for Peace Process, AFP. Also here is

Atty. Nabil Tan, Undersecretary and Head, Manila Coordinating Office,

Office of the President.

For OPAPP, who are here today is our constant companion in all

of these hearings, Atty. Al Julkipli, Nasser Tagayan and Jana Emran,

who are from the academe and the civil society respectively.

Members of the Bangsamoro Transition Commission:

Commissioner Asani Tammang, Commissioner Fatmawati Salapuddin,

Alih Aiyub.

From the Government of the Province of Sulu, the Governor

Abdusakur Tan II, and Vice Governor Abdusakur Tan.

The mayors of Sulu who are present today, Mayor Jess Burahan,

the Secretary General of the League of Municipalities; Mayor Hussin

Amin, the Municipality of Jolo; Mayor Anton Burahan, Municipality of

Pata; Mayor Gafor Abdurajak, Municipality of Old Panamao; Mayor

9


Allayon Arbison, Municipality of Luuk; Mayor Hadji Taib, Municipality of

Pangutaran; Mayor Madzhar Loong, Municipality of Parang; Mayor

Leizel Halun, Municipality of Kalingalan/cbg

10

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES M.R. CATADMAN II-1 May 13, 2015 10:44 a.m. 1

THE CHAIRMAN (SEN. MARCOS). Municipality of

Kalingalan Caluang; Mayor Mussah Muksan, Municipality of Siasi;

Mayor Sitti Raya Tulawie, Municipality of Talipao; Mayor Kabir

Hayudini, represented by Councilor Nasser Hayudini; Mayor

Saripuddin Jikiri, Municipality of Indanan; Mayor Intan

Berto, Municipality of Pandami; Mayor Al-

Zhudurie Asmadun, Municipality of Lugus; Mayor Samier Tan,

Municipality of Maimbung; Mayor Ferahana Mohammad, Municipality

of Omar. From the youth organizations, from the Muslim Student

Association, Zadiqueyah Hajihil; from the vicar general, Father

Romero Villanueva; a local CSO leader, Professor Abubakar

Mohammad; Dr. Raden Ikbala, from the BASSAKAO; Datu Albi

Julkarnain from Jolo, Sulu; Dr. Hanbal Bara also from Jolo; Atty.

Benedicto Bacani, who is the executive director of the Institute for

Autonomy and Governance; Professor Rey Danilo Lacson, the Institute

for Autonomy and Governance; Ms. Fatima Rasul from the Philippine

Council on Islam and Democracy; Atty. Salma Rasul, Philippine

Council on Islam and Democracy; Professor Edmund Tayao,

LOGODEF; Habib Munjahab Hashim, MNLF-ICC; Atty. Meltino Sibulan,

The Sulu Human Rights Network. These are the resource persons who

are available to us today.

11


Let me first, before we proceed, have a very quick explanation.

Maipaliwanag ko lang naman sa ating mga nandito ngayong araw na

itong hearing na ito ay dapat noong Pebrero pa. Tama, noong Pebrero

pa dapat ito. But, as you know, nangyari iyong Mamasapano at na-

push back lahat noong aming mga hearing, na-suspindi ng isang

buwan at habang iniimbistigahan ang mga pangyayari sa

Mamasapano. At ngayon ay tapos na ang mga hearing na iyon kayat

ipinagpatuloy ng inyong Committee on Local Government sa Senado

ang mga hearing na ito. The hearing today in Sulu, and tomorrow

there will be a hearing in Zamboanga City. Iyan na ang dalawang last

hearings dito sa Mindanao. Mayroon pang mga susunod na hearings

pero gagawin na sa Manila. At ito ay pinilit komaraming nagsasabi,

Huwag ka nang pumunta sa Jolo at Zamboanga at alam na rin natin

ang magiging issue. Sabi ko, hindi maaaring mangyari iyon dahil

nagsasabi ang ating mga kasama na nais nilang magsalita, at ito ay

ipinangako ng Committee sa inyo. Kayat we have returned and we

will continue with the hearings that we have scheduled.

I would just like to explain how we will conduct the hearing.

There are severalI have here seven, although ang dumating yata ay

anim lang, o lima langbut there are five, six, maybe seven groups

that have a position paper to present to the Committee. Kayat ang

12


aking balak ay unahin muna natin lahat ng mga magpi-present ng

position paper para makapagsalita lahat sila, at lahat ng kanilang

gustong sabihin ay mailagay sa record. Pagkatapos noong pag-prisinta

ng mga position paper, I will open the floor because we also have

Besides the list of those who would like to present a position paper, we

also have a list of people who have registered their desire to speak.

So, without further ado, I think we can begin with Father Romero

Villanueva from the Vicariate of Jolo, if he is ready to present the

position that he has forwarded to the Committee.

Father, we are in receipt of your position paper. For the record,

please, if you would explain for the record and for the public what is

the position that you have espoused in this paper that you have

handed us. Please proceed.

MR. VILLANUEVA. Thank you, Honorable Senator.

I would like to begin. It has been said, the world will never be

the dwelling place of peace until peace has found a home in the heart

of each man and woman.

Our peace campaign is to discuss, if I shorten it, whether or not

BBL will replace or the Bangsamoro Autonomy will replace the ARMM,

the Autonomous Region of Muslim Mindanao.

13


My position is this. In simple words, in simple laudable

language, the focus of our discussions is on the merits of BBL or the

Bangsamoro Autonomy intended to replace the Autonomous Region of

Muslim Mindanao. That there may be a just and lasting peace in

Mindanao and in Sulu archipelago.

The most basic question that the proposed bill on the

Bangsamoro Autonomy attempts to answer is in this particular

complicated situation of unpeace in southern Philippines, not only in

ARMM, but also in the affected provinces here in MindanaoBasilan,

Sulu, and Tawi-Tawi. Foremost among all these is the problem posed

by the MILF, Moro Islamic Liberation Front, not only in words, but with

guns.

What could bring just and lasting peace to southern Philippines?

The resounding answer is the Bangsamoro with its basic

Bangsamoro Basic Law! ARMM must be done away with as a failed

experiment. The answer, of course, is coming from President Aquino

himself as crafted with OPAPP and the MILF leadership and backed up

very generously by Malaysia.

The President is so determined to have this BBL approved by

Congress that millions, perhaps billions are being spent for its

promotion all over Mindanao and the adjoining islands. It must be

14


approved because it is the only hope for peace in Mindanao and Sulu

archipelago.

Will it really bring peace?

I have been assigned here in the Apostolic Vicariate of Jolo

comprising the province of Sulu and Tawi-Tawi since 1999. As pastoral

coordinator and executive director of the Vicariate Justice, Peace, and

Integrity of Creation Ministry. I have conducted and participated in so

many peace related seminars and trainings in Jolo, Tawi-Tawi,

Zamboanga, Davao, Cotabato, Sultan Kudarat, Cagayan de Oro, Cebu,

Iloilo, Manila, Baguio, and even in Rome, Italy and in the USA. We

have a lot of networking among ourselves as NGOs, with GOs, and

POs. As against the question at hand, my experiences tell me the

following: one, will autonomy succeed for the Muslims of Mindanao

and Sulu, and Tawi-Tawi? There are big factions among them and

worst for Sulu and Tawi-Tawi who have all kinds of natural resources;

they are composed of so many islands. They are so far from the rest

and if the center of autonomy is in Cotabato area, they will be losing

and missing a lot. They are at the margin of Philippine leadership and

more so, even in an autonomy/mrjc

15

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES BRHGonzales III-1 May 13, 2015 10:54 a.m. 1

MR. VILLANUEVA. They are at the margin of Philippine

leadership and more so, even in an autonomy.

The Bangsamoro autonomy being offered has not really been

agreed upon from the beginning by the two biggest factionsthe MILF

and the MNLF. In fact, at the expense of the MNLF, there have been

some railroading somewhere. The MNLF have been taken for granted

which resulted in that tragic Zamboanga siege, the collateral damage

of which up to now cries for healing and rehabilitation. Government

influenced media have been bringing the MNLF solely for it without

admitting its own mistake.

No. 3, what will happen to the MNLF after the approval of the

BBL? Will it be Join us or else? Is there a Machiavellian snakehead

lurking somewhere?

No. 4, what about the minorities, indigenous peoples, Christians

living in the geographical bounderies if they have civil or criminal cases

like land-grabbing, robberies, killings, etcetera? Will the new

leadership take care of them? That is doubtful. Will their leadership

have a control over those for below? The Mamasapano case is an

indication. Once the BBL is approved by Congress, consider to be the

victory of peace, the greatest legacy of President Aquino is achieved

and it might even get the Nobel Prize award. What now? Will there be

16


peace here in Mindanao and Sulu Archipelago? I hope to God that

there will be peace.

But there is a very possible scenario which Im afraid will happen

within the next five years if the approval is made. It is this: the BBL

with all its provisions when approved will create practically a

government within a government. This new government could gather

forces somehow and be very strong. When that happens, the great

temptation would be that those of radical minds among them will seek

independence. I dont blame them. This has been their quest for

centuries. They were much ahead in the islands of Sulu and has been

in public governance at least 200 years before Magellan came to the

islands and give the name Las Islas Pilipinas. More than likely, their

demand will include all of Mindanao and Palawan. If that happens, we

will experience the greatest civil war there is. It might even result into

Muslims against Christians. I pray to the God of peace that this will

not happen. I do not want to lose the Muslims that I have learned to

love.

Thus, Im appealing to the President, to the MILF leadership and

to all those involved in the peace process, to all those who are sincere

in seeking for genuine, just and lasting peace in southern and western

Mindanao. It is still possible to postpone the approval so that a better

17


alternative can be found that could be satisfactory to all with lesser

risk of rebellion and a win-win solution. Federalism could be the best

alternative but this will involve a big constitutional change because it

will be for the whole country. It will take some time to study, perhaps

two years. This will be the greatest challenge to whoever will be the

next president. But it is well worth it.

In federalism, there is a favorable autonomy and each state can

develop on their own with those who are at the margins being

subsidized by the central government initially. The USA is an example.

The Islamic centers in the states that we had the privilege to visit

shared to us how they live so freely as Muslims and how they are

accepted as such.

In federalism, many of these social evils, bad elements and

corruption that haunt us can be faced and better. Let us study and

prepare for this change. We should be tired by now living under the

so-called Democracy: Pinoy style.

Lastly, let us remember, peace is not made in documents but in

the hearts of men and women.

Thank you very much.

[Applause]

18



Father, for your position which I will encapsulate, that there are

problems, as he has pointed out in the position paper, as to the

participation of the MNLF in the entire peace process. And this is a

point that has been made several times over the hearings and it is an

important point that thein fact, even the OIC, the Organization for

Islamic Cooperation, pointed it out that the MNLF must be included in

all of these talks for it to succeed. They must be included because

after all, they were the original organization which everyone was

dealing with the Philippine government, the OIC and all its member-

states and had come to two agreements with the Republic of the

Philippines, namely, the Tripoli Agreement of 1976 and finally, the

Jakarta Agreement of 1996.

So that is one of the more complicated problems that we are

having to deal with. How the BBL will operate in the context of the

agreements of 1976, the Tripoli Agreement, and the Jakarta

Agreement of 1996.

Furthermore, Father Villanueva has pointed out that we are

beginning to inch towards the idea of federalism in this country. To

recount a little bit of our history, there was alreadybaka hindi ninyo

na naaalala pero noong Interim Batasang Pambansa, ang pagboto ng

19


mga Batasan members was by region. Papasok na tayo dapat sa

federalism. That was the original design. And so now, federalism as a

concept, has begun to be discussed again in light of the proposed

Bangsamoro Basic Law.

So we thank Father Villanueva for the points that he has raised

and certainly, they are well-noted by the Committee.

To follow, with the position paper from the MNLF will be Mr.

Habib Mujahab.

Mr. Mujahab, if you would take the floor, please.

MR. HASHIM. Bis-mil-laa-hir Rah-maa-nir Raheem. Assalamu

alaikum wa rahmatullahi wa barakatuh.

Honorable Senator Bongbong Marcos, Governor Toto Sakur Tan,

Vice Governor Sakur Tan, honorable mayors of the municipalities of

Sulu, my brothers in the MNLF, the Tausug brothers in Sulu, our

brothers from the Armed Forces of the Philippines, thank you for giving

us the chance to present our side.

At the outset, wed like to inform you, Honorable Senator, that

the MNLF has been deliberately out--when the talks between the MILF

and the Philippine government started as early as 2004. I think it was

still Secretary Deles now who is the chief of the OPAPP and I said that

20


why not allow the MNLF representative to sit down in the ongoing

talks, even as an observer only. I was advisedbhg

21

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES IMJVicedo IV-1 May 13, 2015 11:04 a.m. 1

MR. HASHIM. I was advised to contact the Malaysian

government and the Malaysian government, unfortunately, was

reluctant. I tried to contact some leaders of the MILF. The reason was

that this is now the time for them to talk on the ongoing peace

process. In short, we were actually deliberately forgotten in the

ongoing peace talks. The framework agreement stipulates the creation

of the Bangsamoro Republic in the five provinces, the present core

areas in ARMM. These areas are covered by the Tripoli Agreement of

1976 and the 1996 Peace Agreement. The MNLF and the MILF are

representing the same areas. There is, therefore, the conflict of

governance and conflict of territory. This is our problem now with the

passage of the BBL, which is now under consideration. It seems to me

that the voice of the MNLF came too late. But with your presence here

today, we hope that you would be able to protect the legacy of your

late father, Ferdinand Marcos. He was the one who negotiated with

the Moro National Liberation Front at the height of conflict from 1998

up to 1974. If I vividly remember it right, your father sent emissary, I

talked to the MNLF by saying that you could ask anything under the

heat of the sun except independence. The demand of the Moros, as

headed by the MNLF, was not for autonomy. Autonomy was given to

22


us by your late father which resulted in the signing of the Tripoli

Agreement in 1976.

There were successive talks known as the Jeddah Accord of 1987

after the EDSA Revolution. I happened to be the chief negotiator of

the MNLF but we had decided to call off the talks because of the

apparent violation or non-committance on the part of the GRP panel

headed then by Senator Pimentel and Ambassador Pelaez. They

offered to us the 10 plus 3 formula. When we tried to find out what

is 10 plus 3, it is not actually 10 automatically given the autonomy but

to be subjected to a plebiscite to be followed by another three

provinces.

At this point, Honorable Senator, we are appealing to you that

the MNLF notwithstanding the apparent abrogation of Republic Act

1954 which created the ARMM, which actually is an implementation of

the 1973 Jakarta Accord to do something, I hope that there is still time

because we are faced with a dilemma, we are being excluded. When

you say Comprehensive Agreement of the Bangsamoro, this is

misleading. Actually, it is not comprehensive considering the fact that

the other stakeholders, especially the Moro National Liberation Front,

are not included. There has been an initiative on the part of the OIC

lately, the secretary general was trying to introduce some provisions in

23


the Tripoli and Jakarta Accord into the BBL. Unfortunately, ourin the

MI refused and the government panel also refused. According to Iqbal,

when we had a talk on the auspices of the OIC under thehe said,

This is a done deal, we cannot do anything. Indeed, the matter is now

before the Senate and before the House of Representatives.

In this connection, Your Honor, unless and until the government

of the Philippines and the OIC and with the help of the Senate and

Congress would be able to find a formula, Im afraid that theof lasting

peace upon signing of the Bangsamoro Basic Law may not come to

realization. Instead of lasting peace, Im afraid there will be lasting

conflict in Mindanao not only in the Sulu area but the whole of

Mindanao. Because Mindanao used to be a Moro land, this belongs to

the Bangsamoro people. We had then a government. Long before

the Philippine government was even formed, we had a government

which was sultanate in form and we had diplomatic relations with the

emperor of China at that time.

So we would like to inform you that the Moro National Liberation

Front irrespective of certain groupings is committed to the legacy left

by President Ferdinand Marcos. So that is autonomy. We did not ask

for autonomy but your father offered to us and we stand by the Tripoli

Agreement. So the problem now is, will the abrogration--abolition of

24


the ARMM Law mean the abrogation also of the two previous

agreements?

I would like to state from the legal point of view that the Tripoli

Agreement is an international law and per Constitution of the

Philippines, it says that the Philippines renounces war as an instrument

of national policy and adopt the policy of freedom, equality, justice,

cooperation and amity with all nations. By abolishing ARMM, by legal

implication, the two previous agreements will also be abolished, then

our people, the Bangsamoro people headed by the Moro National

Liberation Front and their final peace agreement will then be abolished.

We would like to state here that we have no other alternative.

We have to exercise our last option, and the last option is

independence.

Thank you.

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

Mujahab.

Before you leave the microphone, I would just like to ask a very

basic question. Mr. Mujahab, you have raised a point that has begun

to surface, that has begun to come out during the hearings especially

after the uprising in Zamboanga and some of the other actions that

were taken, that were claimed by the MNLF in protest to the continuing

25


negotiations between the MILF and the government of the Philippines

to the exclusion of the MNLF and as you say, to use your words, the

abrogation of both the 1976 Tripoli Agreement and the 1996 Jakarta

Agreement. And so much of our work in the past few weeks has been

to try to find a modus vivendi, a way of working so that we continue to

respect and to recognize at the very least the Jakarta Agreement of

1996, would you have a suggestion as to how we can have the BBL

operate within the context of the agreements that the MNLF has

already signed with the government of the Philippines?

MR. HASHIM. Thank you, Your Honor.

We have two alternatives here. One is to go back to the original

Region IX and Region XII, and that is Region XII be given to the MILF

with the condition that they will protect the MNLF in the area; Region

IX, that includes Zamboanga Peninsula, Basilan, Sulu, Tawi-Tawi and

some parts of Palawan for the Moro National Liberation Front, if that

will be offered and perhaps we could talk to our brothers in the MI and

the LGUs, the different governors in the area.

Another option, Your Honor, is assuming--and I believe

that/imee

26


MR. HASHIM. and I believe that come what may, the BBL will

be passed even on its watered-down version. So there will be a future

Bangsamoro entity. So in a way, this will go through the plebiscite, so

I have talked to the OIC and even to our brothers in the MILF that

whatever areas will vote in favor of the future Bangsamoro entity, they

will just concentrate on their own respective area and they should not

go beyond. And in this connection, I am respectfully suggesting that

certain provisions on the BBL which says that 10 percent of a certain

locality outside of the core area can petition and join in. So we hope

that this be deleted from the BBL. We cannot do anything for BBL

now, and the matter is now for Congress and the Senate. And with

due respect, it seems that our good President Benigno Aquino, is close

to the idea really of including the MNLF on the ongoing BBL and also in

the establishment of the future Bangsamoro entity.

So again, Excellency, Your Honor, please, why not go back to the

old Regions IX and XII of your late father? There was relative peace at

that time. We were not at war with each other. Only the problem now

is of course my good friend Lobregat is saying. But on this line, Your

Honor, this is a legal move because Regions IX and XII and Region IX

came to exist by virtue of a plebiscite conducted.

27


Now going back to the second option of the remaining provinces

outside the core area, 10 provinces, and that is, again, legal because

based on the Tripoli Agreement, 13 provinces has been given

autonomy. Now, 15 provinces. Assuming they will get five provinces,

I hope they will not get five provinces. We are opposing BBL especially

from BaSulTa. Assuming they will get that, then why not establish

another autonomous area outside of the core area of the Bangsamoro

entity for our people, the Christian, the Muslims and the highlanders,

of course to be managed for the firstat least for the interim period of

say, three years, by the Moro National Liberation Front because the

Moro National Liberation Front has been fighting for the rights and

welfare of our people. When we say, Your Honor, our people, that

includes the non-Muslims residing therein.

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

So the first proposal that you have made is essentially that we

will return to the structure as was established after the Tripoli

Agreement

MR. HASHIM. Yes.

THE CHAIRMAN (SEN. MARCOS). where we have two

regions that are considered autonomous.

28


The second position that you take is the establishment of the

Bangsamoro core territory. One, that the so-called opt-in

mechanism will be removed.

MR. HASHIM. Yes.

THE CHAIRMAN (SEN. MARCOS). I think that most of us in

Congress agree with you on that score.

And secondly, that there be a study, at least, of how we may

establish another autonomous region so that we can be under the

auspices of the MNLF. Am I correct, Mr. Mujahab?

MR. HASHIM. Yes, sir. Yes. Yes.

THE CHAIRMAN (SEN. MARCOS). Very well.

MR. HASHIM. Thank you.

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

Thank you for your presentation.

MR. HASHIM. Thank you, sir.

THE CHAIRMAN (SEN. MARCOS). I will not take any

questions until all of the resource persons have spoken.

Im sorry. I have to, otherwise we will have questions on every

speaker and we might not get to the last one.

Im sorry. Please be patient with me. We will open the Floor

later on.

29


Before I proceed, I would like to acknowledge the presence of

the spokesman of Sultan Esmail Kiram, the Sultan of Sulu and North

Borneo, Abraham Idjirani who is here and he will also be presenting a

position later on.

Can you still hear me?

Okay. Can you still hear me in spite of the rain? Yes? Okay.

Then we will proceed.

I would like now to call on Professor Abubakar Mohammad of the

Moro Reform Movement to present their paper as has been forwarded

to the Committee.

MR. MOHAMMAD. Assalamu alaikum wa rahmatullahi wa

barakatuh.

I was at the library of the University of the Philippines sometime

in 1973 and I had a chance to look into the newspaper a report on a

meeting at Malacaang presided by the late President Marcos in the

presence of his Cabinet members and the generals.

The late President asked how long it would take the Philippine

government to subdue the MNLF rebellion in the Southern Philippines.

The late Commodore Hernandez answered it will not take more than

three months.

30


Then I heard also at the same university some Tausug talking as

to the whereabouts of brother Nur Missuari. And I heard them talking

that Professor Nur Missuari said that it would not take more than five

years for the moros to declare independence.

More than four decades ago today, look what is happening in

Sulu and throughout the Muslim areas in Mindanao, Palawan or even

Sabah.

Now what we are doing here is really telling, Your Honor, as to

what should be done so as to end this war. The Bangsamoro people,

the Tausug in particular, have been suffering from the holocaust of war

since the capture of Malacca by the Portuguese in 1511. The

Spaniards, the Americans, the Japanese, until today we are suffering

from the vestiges of colonialism.

Aside from graft and corruption in the ARMM or even throughout

the Philippines, as evidenced by those who are in jail on the basis of

President Aquinos sincerity in the pursuit of justice, peace and

development. Good. But the question is, for how long well be going

on suffering under this/cbg

31

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION, AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES M.R. CATADMAN II-2 May 13, 2015 11:24 a.m. 1

MR. MOHAMMAD. suffering under this predicament? Good! I

hopeI agree with the MNLF Mujahab. Well, what chance Bongbong

has to become president? [applause] And continue the work of his

great father. The Tripoli Agreement, Carmelo Barbero who was then a

Defense undersecretary was sent by the late president to Libya to sign

with Brother Nur the so-called Tripoli Agreement in 1976. But we all

know what happened. Until today we are quarreling as to whether

this Agreement shall be on the basis of the Tripoli Agreement, Republic

Act 6734 or Republic Act 9054whats in a name, in the first place?

Your Honor, what is important to us, what matters most especially to

the Tausug is that the peace, the justice, the development they

deserve even under democratic system of government shall be given

to them. You know Nur Misuari, brother Nur Misuari founded the MNLF

in 1968 on the basis of his revolutionary or political hypothesis that the

Muslims, the Moros, the Bangsamoros cannot hope to develop

themselves so long they lead under the aegis of what he then called,

the Manila colonial government. Because according to him, Manila

government will continue neglecting, discriminating against the

Bangsamoro people. But now it is good. This development

concerning sharing of wealth, sharing of power let alone normalization

for the meantime. What resources shall be shared? What power shall

32


be shared? And by whom? The would share the resources and the

power, Your Honor? Or only the elites of Manila and the generals?

Brother Nur has been going around the world telling people that he will

bring to the Hula, Agama, and Bangsa. From 1968, not reckoning

time from the founding of the or Islam. And almost half a century,

but look at Allah, my native community. Look at Takut-Takut, my

neighbor in Tulay and Busbus.

THE CHAIRMAN (SEN. MARCOS). Professor, please make

your comments in either English or Filipino only because the people

doing the transcription will not speak the local

MR. MOHAMMAD. Okay. Yes. Your Honor, I oblige. Now,

Your Honor, what is important here is that PNoy is committed to give

justice, peace, and development to all Filipinos including, of course,

the Bangsamoro people, the Tausug, who are, shall we say, still part

and parcel citizens of the Philippines. But only sad to note, Your

Honor, just this morning when I came here I met some friends who are

sympathetic still with Brother Nur. And he told me that the great

majority of the Tausug leaders have gone to the office of the Provincial

Governor, Abdusakur Tan II, who informed the governor that, Sorry,

they are opposed to the signing of the BBL by Congress, Your Honor.

Because they said that the powers that be, could it be the Aquino

33

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION, AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES M.R. CATADMAN II-2 May 13, 2015 11:24 a.m. 3 administration, who denied them the right to representation? I asked

them, Well, the people from the ARMM have been here talking about

BBL. Dont tell me you were not informed as to what is in the BBL.

But I tell you, my friends, ladies, and gentlemen, especially those of

you who do not know how to read or speak English, it would be very

hard to understand the BBL, Your Honor. Even I, I only lack two

subjects to finish my Ll.B., at the I could hardly understand what is

in the BBL. But here, I will just tell you this to make the story short,

please see to it that the provisions in the BBL shall afford the

Bangsamoro justice, peace, and development which they deserve even

under the Constitution of the Philippines which if implemented shall be

down to giving justice to the Bangsamoro people, to the Moros, to the

Muslims especially the Tausug.

Thank you very much. [applause]


Professor Abubakar Mohammad.

Again, to recapitulate, I believe that in the view of the Professor,

the BBL, he is in favor of it. But, again, with some adjustments, but in

the end, essentiallyplease correct me if Im wrong, Professor

essentially, you feel that the BBL will be a solution to bring peace to

Muslim Mindanao.

34


MR. MOHAMMAD. Sa palagay ko, Your Honor, in the word of

Erich Fromm, ang problema parang characterological. Kaya nga sinabi

ko na kay Colonel Arujado (?), Sir, sa palagay ko ang problema dito

sa Sulu hindi lang military. Pero attitudinal, characterological, et

cetera, et cetera. There are many doctors here and other Muslim

professionals who are, I think, more knowledgeable of history and

English than I am. Although sometimes I say, Wala nang mas

marunong sa akin, Mr. Senador. Pero I realized marami talaga itong

mga bright people. Only sometimes they do not come out and speak

of what they have in mind relative to what is obtaining in our area of

responsibility.

Thank you.

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

Thank you for your passionate presentation on the subject.

I think next to speak will be from the Council of Royal Datus,

Datu Albi Julkarnain, to present a position of the Datus who I believe,

if Im not mistaken, this may be one of the first opportunities for the

datus to weigh in on the subject of the BBL.

So, Datu Julkarnain, you have the floor.

35


MR. JULKARNAIN. Honorable Senator Ferdinand Marcos, Jr.,

Honorable Governor Abdusakur Tan II, Honorable Vice Governor

Abdusakur Tan, distinguished guests/mrjc

36

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES BRHGonzales III-2 May 13, 2015 11:34 a.m. 1 MR. JULKARNAIN. distinguished guests, ladies and

gentlemen.

I am representing the voice of the royal datus and families and

other adherents of the Sultanate of Sulu.

As you have observed, Honorable Senator, all these people

presenting talks about their opinions but I have never heard talking

about Sulu Sultanate when, in fact, Sulu Sultanate is known

internationally. So it is really because maybe that Sulu Sultanate is

not given any chance to talk before a forum like this. I will not talk

further but I have prefer to read our petition.

This petition is from the royal concernedI repeatconcerned

royal datus, royal princesses, dayang-dayangs, sharifs, traditional

leaders, religious leaders and adherents to the honorable members of

Philippine Congress to exclude the historical statehood realm of the

Sultanate of Sulu and North Borneo from the administrative jurisdiction

of proposed Bangsamoro juridical entity as stipulated in the draft

Bangsamoro Basic Law.

Whereas, we, the royal datus, royal princesses, sharifs and

other traditional leaders of the Sultanate of Sulu and North Borneo,

without any element of coercion, degree of influence or iota of

pressure from any individual or institution, hereby collectively and

37

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES BRHGonzales III-2 May 13, 2015 11:34 a.m. 2 solidly exercise our rights to free expression and self-determination to

petition the honorable members of the Philippine Congress to exclude

our ancien de jure and de facto monarchical state from the proposed

core territory as stipulated in the draft of Bangsa Basic Law for the

following reasons and justification:

(1) Even before the advent of the United States of America on

July 4, 1776 and the Republic of the Philippines on July 4, 1946, the

Sultanate of Sulu and North Borneo was already an internationally

recognized, independent and sovereign monarchy having been founded

based on the Koranic doctrine of statehood by Sayyed Abubakar,

otherwise known by his regal name as Sultan Sharif Ul-Hashim, its first

sultan enthroned on November 17, 1405, according to the latest

historical document.

No. 2 justification: The Sultanate of Sulu had never been

concurred and colonized by any foreign power as acknowledged and

confirmed by no less than the United States of America as evidenced

by the treaties it entered into with the Sultanate such as the Bates

Treaty of August 20, 1899 which stipulated under Article 1 in its Arabic

text which states, The support, the aid and the protection of Sulu

islands and archipelago are in the American nation. The United States

even agreed and recognized the government of the Sultanate of Sulu.

38

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES BRHGonzales III-2 May 13, 2015 11:34 a.m. 3 The Carpenter Agreement is another document attesting to the fact

that Sulu Sultanate was still sovereign until 1914.

The abrogation of Bates Treaty was premised upon other

matters that the de jure sovereignty of sultan who subsequently have

not lost neither by conquest nor otherwise relinquished so far as

concerned to internal affairs of the government of Sulu archipelago on

March 22, 1915.

It is further attested by internationally renowned and respected

historian and author, particularly book authored by George A. Marcum,

entitled The Government of the Philippine Islands, published in New

York in 1916, reads, Sulu Sultanate remained practically independent

for 425 years. Its decline was not caused by national recognition(?) or

political dimensions but by hostility, aggression of its diversity. The

which was Sulus resistance with Spanish domination of their

opposition and bravery in battle in their obstinate passive resistance in

peace battled all Spanish effort to subvert their political organization

or gain a simple without paying too dearly for it.

The Sulu Sultanate in North Borneo, despite the fact that it

never fell under the sovereignty of the crown of Spain by virtue of

conquest or other modes of territorial acquisition and, therefore, was

39

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES BRHGonzales III-2 May 13, 2015 11:34 a.m. 4 not colonial possession, was sold and ceded by Spain to the United

States being the best victor of the Spanish-American regime.

As tragic consequence of the illegal sale and cession of

Sultanate of the Sulu in North Borneo, the United States by Spain, the

Americans took possession of this territory starting May 19, 1899. And

shortly after, joined it arbitrarily with the Sultanate of Mindanao to

form a military district and later on, was organized as a Moro Province

by virtue of the Philippine Commission Act 781 in June 1901.

In 1924, a petition was addressed to the United States Congress

by the delegation of Sulu sultan and royal datus during their visit to

Governor Wood Misson(?). The United States Congress placed it on

record, a declaration of rights and purpose.

On July 4, 1946, when the Philippines was granted self-

government by virtue of the Tydings-McDuffie Law, the Sultanate of

Sulu and North Borneo, despite the petition of Sulu sultan and the

prominent Muslim leaders of Sulu to the Congress of the United States,

our monarchical states was finally incorporated to the body politics of

the Republic of the Philippines and became a part of the national

territory by virtue of the December 10, 1898 Treaty of Paris.

Whereas, the Sultanate of Sulu in Borneo was accorded the

political status of the United States protectorate under the Bates

40

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES BRHGonzales III-2 May 13, 2015 11:34 a.m. 5 Treaty of 1899, confirming the treaty of 1878 between Spain and

Sultanate of Sulu. The United States granted to give the Muslim

inhabitants of Sulu archipelago their independence-homeland.

Whereas, notwithstanding all the aforecited political injustices

and inequities committed against us, the royal datus, the royal

princesses and other traditional leaders, adherents with the full

awareness of our de jure proprietary rights and sovereignty over our

ancient monarchical states based on a doctrine of nobility and royalty,

particularly on the principle of juris sanguinis or right of blood which is

perpetual irrevocable, we remain uncomplaining, law-abiding passive

and thereby resulted to the use of force and violence against the

Republic of the Philippine to reclaim or restore our historical statehood

ever since we were unjustly disposed of our independence, sovereignty

and sacred homeland.

Whereas, now, with the eminent passage of the Bangsamoro

Basic Law, the Sultanate of Sulu and North Borneo faces the most

demeaning and unfortunate prospect of being reduced to just a

political subdivision of a new political entity which has no factual and

legal foundation in history relevance to the Sultanate of Sulu and North

Borneo. It would be a terrible relegation and gross violation to our

41

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES BRHGonzales III-2 May 13, 2015 11:34 a.m. 6 political heritage and its historical prominence and distinction as the

first sovereign nation/bhg

42

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES IMJVicedo IV-2 May 13, 2015 11:44 a.m. 1 MR. JULKARNAIN. as the first sovereign nation that was

ever established in this part of the globe if we just accept tragic

destiny as mimic and subservient as a lamb, whereas we earnestly,

solemnly and respectfully petition the Congress of the Philippines for

the exclusion of the ancient realm of the Sultanate of Sulu and North

Borneo from the territorial jurisdiction of the proposed Bangsamoro

political entity as envisioned in the draft Bangsamoro Basic Law. It is

our collected desire and preference that the Sultanate of Sulu and

North Borneo be created by another act of Congress as another

autonomous region separate from the ARMM. This will be most

wholeheartedly welcome and eternally appreciated by the inhabitants

of Sulu archipelago in the interest of permanent peace and fulfillment

of political aspiration of certain nation.

Now, therefore, we fervently pray for the Almighty God most

gracious and most merciful that the honorable members of the

Philippine Congress will act judiciously and magnificently on the

petition in the name of justice, liberty, peace, democracy in our

fundamental universal and inalienable human rights through self-

determination as enshrined and guaranteed in the Universal

Declaration on Human Rights promulgated and approved by the United

Nations.

43

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES IMJVicedo IV-2 May 13, 2015 11:44 a.m. 2 Thats all, Your Honor, Senator.

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

Julkarnain.

Again, to recapitulate the essential proposal that you are making

is that the Sultanate of Sulu and North Borneo be excluded from the

proposed Bangsamoro core territory and that instead a separate

autonomous region be created to include the Sulu archipelago and

North Borneo. Am I correct in my understanding?

MR. JULKARNAIN. Yes, Your Honor.


Datu.

I would just like to ask a very quick question. You have in one of

your paragraphs that this petition be officially furnished His Excellency,

the president of the United States through the ambassador of the

United States to the Philippines, has this been done? Have you

transmitted this petition to the--?

MR. JULKARNAIN. Not yet, Your Honor, because we are

waiting for your advice. Why we are doing this? Because the United

States was part of destroying the institution of Sultanate of Sulu and

maybe by this time they will realize their mistakes. But if you will not

44

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES IMJVicedo IV-2 May 13, 2015 11:44 a.m. 3 give any advice today, then we are going to proceed sending the copy

of this petition to the United States ambassador

THE CHAIRMAN (SEN. MARCOS). Actually, I was going to

offer to bring your petition to the ambassador of the United States to

be transmitted to the president of the United States, if you so agree.

MR. JULKARNAIN. Thank you very much.

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

Julkarnain.

I think since we have started on the subject of the Sultanate of

Sulus role in history and the evolution of this entire situation, I think it

is time that we hear from the secretary general of the Sultanate of

Sulu and North Borneo, Abraham Idjirani. He is today the spokesman

of Sultan Ismael Kiram II.

So, Secretary General, if you would now please take the floor

and please present the position that you have transmitted to the

Committee.

MR. IDJIRANI. Thank you very much, Your Honor.

The honorable Senator Ferdinand Romualdez Marcos; the

honorable governor of Sulu, Abdusakur Toto Tan; the honorable vice

governor, his father, Hadji Abdusakur Tan; honorable Congressman

Lagdameo; members of the local government units of the Province of

45

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES IMJVicedo IV-2 May 13, 2015 11:44 a.m. 4 Sulu; members of the Bangsamoro Transition Commission;

representatives of OPAPP; representatives of the Office of the

Executive Secretary, Assalamu alaikum wa rahmatullahi taAllah wa

barakatuh.

Your Honor, we appreciate your presence today. This is a

landmark and historic event facilitated by the honorable Governor

Abdusakur Toto Tan and the honorable Vice Governor Hadji

Abdusakur Tan.

At the outset, Your Honor, may I strongly suggest in view of the

fact that you now consider the historical background which,

unfortunately, under the BBL, the historical background was not the

basis of formulating the issue for a separate Senate committee hearing

in Manila inviting all the sultanates and the royal families in the

province of Sulu, including Sultanate of Maguindanao who--I can attest

to the fact that during the sultanates meeting in Maguindanao, the

Sultanate of Maguindanao was the first to oppose for the signing of

their endorsement regarding the Bangsamoro Basic Law.

Therefore, Your Honor, again I would like to reiterate inasmuch

as your presence resembled that of history when only your late father

was the only president, except President Diosdado Macapagal, who

willingly invited the royal families comprising the descendants of late

46

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES IMJVicedo IV-2 May 13, 2015 11:44 a.m. 5 Sultan Ismael Kiram I, of the late Sultan Punjungan Kiram and other

nine principal heirs for a Malacaang meeting in order to resolve the

issue of Sabah which, unfortunately, became the prelude of the

Mindanao conflict.

Your Honor, the BBL is drafted in haste. History reminds us,

Your Honor, that upon the signing of the December 10, 1898 Treaty of

Paris, the same political mode was adopted when Mindanao, Sulu and

Palawan was ceded unfortunately by Spain to the United States of

America. Today, 100 years, 110 years later, our brethren from

mainland Mindanao is now chartering the future destiny of the Bangsa

Sulu people. These Bangsa Sulu people, Your Honor, are the Tausug,

the Sama Bangingi, the Sama Tawi-Tawi, the Sama Laut, the Jama

Mapun, the Iyakans and other highlanders that are inhabitants of the

Sulu archipelago. And this, Your Honor, since the position of the

Sultanate is anchored on historic basis which unfortunately the BBL

failed to realize the historical importance, then we appeal to you to do

consider it, to rectify the historical betrayal of the historical truth of the

Sultanate of Sulu.

Your Honor, there are various concerns of the Sultanate in behalf

of the Bangsa Sulu people in the archipelago of Sulu. But I would like

to emphasize, Your Honor, that the leadership of the province of Sulu

47

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES IMJVicedo IV-2 May 13, 2015 11:44 a.m. 6 like the local government units of Sulu and the Sultanate of Sulu are in

one with the Filipino people in the search for peace and unity.

However, Your Honor, the only difference that the mode that we would

like to achieve is different from that of the MILF and, therefore, we

appeal to the national government/imee

48


MR. IDJIRANI. to the national government never, never to

consider us as spoiler of peace insofar that we cannot agree with the

modes now drafted in the BBL.

As I have emphasized in the position paper, Your Honor, we have

submitted for your perusal, allow me to cite the first opposition of the

Sultanate of Sulu.

First fact of the opposition, Your Honor, of the Sultanate of Sulu

is what is the reason why there is a change of the historic name of

Sulu Sea to Bangsamoro Water? If we again look back at history, Your

Honor, the Sulu Sea is a name Laut Sulu, recognized even by ancient

historian of China because it is a vast sea that shielded the sovereignty

of the Sultanate of Sulu in the middle of the Sulu Sea. And because of

that recognition, Your Honor, including the Governor of Sulu and Vice

Governor of Sulu and the honorable member of Congress in the person

of Congressman Lagdameo, the Sultanate of Sulu then the East

King(?) of Sulu, entered into a treaty with China in the status of an

independent tributary state. In the position of the Sultanate of Sulu

and the Bangsa-Sulu people, Your Honor, this will strengthen the

position of the future of MILF-led assembly to come up with a legal

measure for the purpose of dropping the Sabah claim unless,

otherwise, Your Honor, the MILF will use rightly the definition of the

49


United Nations Convention Law of the Sea which occupies more than

200 nautical miles. Now if that definition of UNCLOS under the

initiative of the Bangsamoro people will be wrongly used by the MILF,

it will redound to the political advantage of the Malaysian Federation.

Your Honor, the second position which we would like to

emphasize here is Article VI, Section 5 of the BBL.

We consider this provision of the BBL as abandonment of events

in history whose historic and legal significance towards treating and

recognizing the status of the former royal sovereign leaders of the

Sultanate in the BBL may have the political influence and direction of

external nations.

The precise objective, Your Honor, of the BBL on Article VI,

Section 5, on the council of leaders failed to satisfy leaders of the

Sultanate institution and their constituents aspiring for transparency in

consonance with the requirements in a parliamentary form.

Your Honor, if you allow me to bring your attention to the

government affairs of Sabah. In Sabah, Malaysia, for instance, Your

Honor, in regard to the council of leaders, recognize the ketua

kampung. The ketua kampung is responsible for resolving issues

affecting their community.

50


Now, the function of ketu kampung, Your Honor, may not be the

same as that of the council of leaders to be drafted in the BBL but it

has to define who are these council of leaders in order, for instance, if

the BBL wishes to involve the participation of the sultanates in the

archipelago of Sulu in a private capacity, then it would provide

enhancement of cooperation in protecting the territorial boundary of

the Sulu archipelago which I believe the Honorable Governor of Sulu,

Abdusakur Toto Tan, and the Vice Governor of Sulu, Hadji Abdusakur

Tan, would not like the future generations to shoulder the high cost of

defending national territories and boundaries.

For this, Your Honor, let me go to the third fact of opposing the

BBL on the part of the Sultanate of Sulu. Article VII, Section 5 of the

BBL on Classification and Allocation of Seats. Now, to us, Your Honor,

to the Bangsa-Sulu people in the archipelago of Sulu who are

marginalized by the 40 years of conflict, would like to appeal to Your

Honor because this provision, if not rectified, would undermine the

weak, the poor, and the least affluent candidate seeking a seat in

public office.

Your Honor, if the BBL intends to establish a parliamentary

system, then the allocation and classification of seats must be

patterned like that of Great Britain and Northern Ireland whereby, Your

51


Honor, there is a House of Commons, the assembly to elect for the

Prime Minister or Chief Minister, and the House of Lords whereby it is

well represented by the sullied, by the datus, and other royalties be

given the chance to participate in chartering the destiny of the

Philippines. Because, Your Honor, if the BBL would not consider that,

that is not aimed to establish a regional goal, a long-lasting regional

goal. That is why, Your Honor, in the view of the Bangsa-Sulu people,

please let the national government analyze that the BBL should not

become an alternative, as they say, for war because if that is the

consideration of our national government, then the policy of national

government is only an appeasement policy, whereby it will not attain

national lasting goals in our part of the Republic of the Philippines.

Your Honor, the third fact is about Article VIII, Section 2 of the

BBL which emphasizes the appointment of Wali. In the Bahasa,

Tausug, Your Honor, wali is an implied consent of a father or kaus

bahan meaning, side from the father side to give consent so that his

daughter could be wedded to the groom of another father.

Now, considering, Your Honor, the diversities of custom and

tradition, it needs to clarify what wali is, otherwise the BBL might be

pointing out to a non-sultan of the Philippines. In order that by

pronouncement of the title of the Chief Minister or a Prime Minister,

52


thats the only time that his function and powers can be officially and

legally considered.

Fifth fact of opposing the BBL, Your Honor, which I need not to

emphasize more because it is in the position paper that we have

submitted to you, why the MILF-led BBL did not tackle the socio-

economic conditions, political status, and present predicament of

Filipino refugees in Sabah? Is it the dictation of external forces, Your

Honor?

Now, I need not explain more because there are many speakers

which also the explanation is found in the position paper we have

submitted to your secretariat, copy furnished the office of the

Governor including different embassies which we, if we return to

Manila, we will provide all, the position paper of the Sultanate to be

submitted and delivered personally by the Secretary General to the

different embassies.

THE CHAIRMAN (SEN. MARCOS). But, Secretary General, I

think for the enlightenment of those who have not read the position

paper, please expand on the fifth fact wherein the social economic

conditions/cbg

53

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION, AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES M.R. CATADMAN II-3 May 13, 2015 12:04 p.m. 1

THE CHAIRMAN (SEN. MARCOS). social economic

conditions, and the political status of those Filipino refugees in North

Borneo has not been attended to by the BBL, so perhaps you could

give us at least a short overview.

MR. IDJIRANI. Your Honor, if I may read in toto. The

Sultanate viewed the abandonment of the state of affairs of the

refugees as an act of betrayal to the refugees social, moral, and

spiritual responsibilities by Muslim leaders who put responsibly their

state of affairs in their present predicament after the eruption of the

war in Mindanao and the Sulu Archipelago areas.

Now, Your Honor, in the position paper that we have submitted

to you, the pictures are all there. Because we would like that what

the Sultanate of Sulu, in behalf of the Bangsa Sulu people, is

submitting to you now is supported by evidence. Therefore, Your

Honor, with the ongoing Malaysian act of deporting the Filipino

refugees, this is the subject of the letter that the Sultanate of Sulu had

submitted to Malacaang, but Malacaang pronounced it lost in the

bureaucratic mess. Because in that letter, Your Honor, of 2012 we

requested the new president of the Republic of the Philippines for the

creation and establishment of their Sabah Refugee Commission so that

if there are situations like this in the future to come up, the President

54

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION, AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES M.R. CATADMAN II-3 May 13, 2015 12:04 p.m. 2 of the Philippines need not anymore advise for the creation of an

interagency committee undertaking composed of different government

agencies. But the institutionalized institution regarding taking the

welfare and conditions of the Sabah refugees would be taken care

immediately. Now, that is the reason, Your Honor, of our question why

the BBL did not include in tackling this issue.

Now, as I said, Your Honor, I would also like to give space for

the other speakers.

Lastly, the six facts of opposing the BBL is the concurrence of the

government of the Philippine panel to agree for the inclusion of the

Sulu Archipelago comprising Basilan, Sulu, and Tawi-Tawi under the

coverage of the CAB and FAB is a wanton violation, Your Honor. Under

the political concept of a trust territory under the United States

protectorate status incorporated by the United States of America into

Philippine Commonwealth in 1935.

The protectorate status of the Sulu Archipelago which we would

like to emphasize, Your Honor, is still in effect considering that upon

the inclusion of Mindanao, Sulu, and Palawan into the Philippine

Commonwealth in 1935, the sole agreement that carried the moral

obligation of the United States government until now under the 1915

Kiram-Carpenter Agreement was not abrogated upon the inclusion of

55

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION, AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES M.R. CATADMAN II-3 May 13, 2015 12:04 p.m. 3 Mindanao, Sulu, and Palawan. That is why in the conversations we had

with the governor of Sulu who is loyal to the Constitution of the

Philippines, I brought up the idea this might be the cause for the

balkanization of Mindanao, Sulu, and Palawan if the BBL fail to address

this problem.

Because, Your Honor, lastly, the transfer of this territory under

the complete governance of BBL of the MILF without transparency is

unacceptable, not only to the MNLF, but to the entire inhabitants of

Basilan, Sulu, and Tawi-Tawi. For this reason, Your Honor, the

Sultanate of Sulu proposes that you consider yourself to be the

president of the next Republic of the Philippines.

Thank you very much. [applause]


Secretary-General Idjirani, not only for your very eloquent

presentation, but also for your expressions of support which we will

have to attend to at a later time.

Again, to recapitulate, the essential points that were made by

Secretary-General Idjirani has been that he emphasizes the point that

the Sultanate of Sulu and North Borneo should not be included in the

Bangsamoro core territory, and again that there be again a separate

entity created for the Sultanate of Sulu recognizing the historical

56

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION, AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES M.R. CATADMAN II-3 May 13, 2015 12:04 p.m. 4 prerogatives that have been recognized bynot only Spain, but the

United States and, subsequently, the Republic of the Philippines. That

is a point again that has been made not only by previous speakers but

also in other hearings. Just for the information of all of those

because there has been an observation that in the process of

negotiating the comprehensive agreement and the framework

agreement, and finally the drafting of the BBL, the Sultanates were not

consulted at any point in the process. And to remedy the situation, I

have scheduled on May 18 a hearing specifically dedicated to all the

Sultanates and I would like to remind them of our invitation to come to

Manila to bring their opinions to Congress so that we can say thatI

beg your pardon. I was just informed that I have misspoke, hindi pala

May 18, May 25. May 18 is, in fact, the hearing that is dedicated to

the MNLF. So these are the two hearings that are going to be following

our hearings here and in Zamboanga. And so, please, all of those who

have something to say, and have an opinion to express are invited to

do so in those hearings.

Once again to return to the position paper of Secretary-General

Idjirani, the plight of Filipino refugees in Northern Sabah is also a point

which has been made, and I have to agree, and I have to accept that

this is the first time that an advocacy has been made specifically for

57

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION, AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES M.R. CATADMAN II-3 May 13, 2015 12:04 p.m. 5 those Filipino refugees who, at this moment, are still in limbo in terms

of their status, and in terms of their lives, as their lives have been put

on hold. And the policy of Malaysia towards them has not really been

clarified. So I think that is essentially what the Secretary-General had

hoped to communicate, and the Committee has heard your opinions as

representative of the Sultanate of Sulu. We will once again speak

during the hearings in Manila.

Thank you very much, Secretary-General, for your presentation.

I would like now to call on the next group that would like to

present a paper from the Tausug Active Youth Organization,

Incorporated. Could I call on now Timonthy Ijiran to take the floor and

present their position paper. [applause]

MR. ISMAEL. assalamu alaikum warahmatulahi wa barakatuh.

On behalf of Mr. Timothy Ijiran, I am Aljiber Ismael, vice

president of Tausug Active Youth Organization, Incorporated.

Your Honor, and members of the Senate committees, maraming

salamat po sa pahintulot makapagbigay ng pahayag/mrjc

58

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES BRHGonzales III-3 May 13, 2015 12:14 p.m. 1 MR. ISMAEL. makapagbigay ng pahayag at mabigyan ng

pagkakataon ang kabataan tulad namin na maging bahagi ng anumang

hakbang na magbubukas sa bagong daan tungo sa hinaharap na hindi

lamang sa Sulu kundi sa buong rehiyon ng bansa.

And we have said, Your Honor, that the youth are the inheritors

of the future. In such as we hope that we can have the opportunity

that leaves even merely a glitter the future will be good in just for us

in posterity.

The young generation of Sulu hopes to be given a that lies

ahead in keeping in a view and concerns in security and interruption

education of job opportunities and development of skills in lieu of a

formal education and a freedom to be who we are and proud to be a

young Tausug.

And turo ng karanasan ay nasaksihan o naipaalam sa amin

pagkalipas ng unang peace agreement ng 1996. Ang mga naulila sa

digmaan o the orphans of war in search for peace in their father,

brother, uncles have shed the lives for they realized. Ang

kinahantungan po nila ay ang pagsanib sa mga armadong kilusan na

hindi dahilan na wala silang malilingon o mag-aaruga sa kanila. Ayaw

po namin, Your Honor, a similar fate awaits our generation--the next

generation of youth after us.

59

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION; AND CONSTITUTIONAL AMENDMENTS AND REVISION OF CODES BRHGonzales III-3 May 13, 2015 12:14 p.m. 2 Maraming salamat po.

Mayaman po ang Mindanao at sana po ang yaman na iyon ay

matitikman namin, Your Honor. And give us the peace thats just fair

and comprehensive; peace that is similar to the sun that never

chooses where the shades and lights to be

It is no less than the recognition of supreme law that the land

recognize the vital role of the youth in the nation-building enshrined in

1987 Philippine Constitution, asserting our constitutional right,

participate in public and civic affairs. The Tausug Active Youth

Organization Incorporated, Securities and Exchange Commisstion--

registered, and National Youth Commission--registered activated

consortium of youth organization in Sulu.

Wed like to submit to the Senate committees, we are able to

submit a position on the inclusion of the youth sector representative in

a Bangsamoro parliament to provide in a proposed Bangsamoro Basic

Law. We strongly believe that there is no lack of talent or passion to

serve among Filipino youth, only we s

Date post:	17-Dec-2015
Category:	Documents
Upload:	iagorgph
View:	25 times
Download:	2 times

BBL IN SENATE | Public Hearing in Sulu, May 13, 2015

Documents