Republic of the Philippines CONGRESS OF THE PHILIPPINES
SENA TE Pasay City
COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE
COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION
DATE : Tuesday, November 11, 2014 TIME : 10:00 a.m. VENUE : Sandbar Lepa Convention Center
Pasiagan, Bongao, Tawi-Tawi 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. (by Senators Drilon, Sotto, A. Cayetano, Legarda, Recto, Ejercito, Binay, Escudero, Aquino, Angara, P. Cayetano, Honasan and Guingona)
ATTENDANCE
SENATOR PRESENT: HON. FERDINAND R. MARCOS JR. - Chairman, Committee on
Local Government
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Committee on Local Government joint with the Committee on Peace, Unification and Reconciliation Tuesday, November 11, 2014 Page 2 GUESTS/ RESOURCE PERSONS: Hon. Ruby M. Sahali - Congresswoman, Lone District of
Tawi-Tawi, House of Representatives Hon. Nurbert M. Sahali - Governor, Province of Tawi-Tawi Hon. Sadikul A. Sahali - Former Governor, Province of Tawi-
Tawi Hon. Michail Ahaja - Vice Governor, Province of Tawi-Tawi Hon. Bonging Abdurahman - Mayor, Municipality of Simunul, Tawi-Tawi Mr. Sastri Buddin - Director, Civil Service Commission Tawi-Tawi Hon. Sulay Halipa - Assemblyman, Autonomous Region
in Muslim Mindanao (ARMM) Hon. Jose Lorena - Undersecretary, Office of the
Presidential Adviser on the Peace Process (OPAPP)
Prof. Miriam Coronel-Ferrer - Panel Chair for Peace Negotiations
with the MILF, Office of the Presidential Adviser on the Peace Process (OPAPP)
Atty. Al Amin Julkipli - GPH Panel, OPAPP Atty. Antonio Kinoc - MILF Panel Member Atty. Akmad A. Sakkam - Commissioner, Bangsamoro
Transition Commission (BTC) Mr. Asani Tammang - Commissioner, BTC
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Committee on Local Government joint with the Committee on Peace, Unification and Reconciliation Tuesday, November 11, 2014 Page 3 Atty. Lanang Ali Jr. - Legal Staff of BTC Chairman
Mohagher Iqbal Ms. Amina Rasul-Bernardo - President, Philippine Center for Islam
and Democracy (PCID) Board of Trustee, Mindanao Development Authority
Atty. Lorenzo R. Reyes - Chancellor, Mindanao State
University, Tawi-Tawi Sister Diana Fe T. Gillesania, OND - Oblates of Notre Dame, Bongao,
Tawi-Tawi Daughters of Charity Sisters; Principal, Notre Dame High School Ms. Mary Anne Abdulmunap - Chair, Parish Pastoral Council, Our
Lady of Holy Rosary Parish, Bongao, Tawi-Tawi
Mr. Babylyn Cano-Omar - Station manager, DXGD Radio
Station Mr. Aljemedin S. Jaudinez - Supreme Student Council, Mindanao
State University (MSU), Tawi-Tawi Prof. Abduljim Hassan - Director of Sama Studies, MSU Hgi. Jutpin J. Sajili - LGU Sitangkai, Tawi-Tawi Mr. Rosendo Reyes - President, MSU Alumni Association Mr. Magsaysay Werble - Dean, President of the Federation of
Tawi-Tawis CSOs/NGOs Ms. Mucha-Shim Lahaman Quiling - Secretary General, Katutubong
Alyansang Lumad Moro Para sa Angkop at Mapagpalayang Edukasyon
Mr. Musa Aming -Tarbilang Foundation
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Committee on Local Government joint with the Committee on Peace, Unification and Reconciliation Tuesday, November 11, 2014 Page 4 Ms. Dayanara S. Aming - Unified Successors for Change Ms. Mernalyn A. Isa - Association of Women Educator Ms. Arlene Sevilla - Tawi-Tawi Alliance of Civil Society
Organizations SENATORS STAFF:
Atty. Luzviminda D. Lavarias - O/S Marcos Atty. Jose Cadiz Jr. Atty. Tomas Basa
- O/S Marcos - O/S Marcos
Ms. Gene Ferrer - O/S Marcos Ms. Gloria Ildefonzo Ms. Agnes Frogoso Mr. Ronel Pelovelco Mr. Julius Palamos Mr. Reynato S. Custodio Ms. Marivic Ching Mr. Nelson Ortiz Ms. Arifah M. Jamil
- O/S Marcos - O/S Marcos - O/S Marcos - O/S Marcos - O/S Marcos - O/S Marcos - O/S Marcos - O/S Marcos
SENATE SECRETARIAT:
Ms. Assumption Ingrid B. Reyes - Committee Secretary, Committee on Local Government
Mr. Elpidio H. Calica, MNSA - Committee Secretary, Committee on Peace, Unification and Reconciliation
Ms. Jo B. Cadaing - Committee Stenographer Ms. Cindell B. Gealan - Committee Stenographer Ms. Jeanne M. Baisa - Committee Stenographer Ms. Anna Leah C. Catimbang - Committee Stenographer Mr. Bong Villanueva Mr. John H. Herrera
- Senate Tax Study and Research Office (STSRO)
- Office of the Sergeant-at-Arms (OSAA)
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Committee on Local Government joint with the Committee on Peace, Unification and Reconciliation Tuesday, November 11, 2014 Page 5
Mr. Relindo M. Lopez - Office of the Sergeant-at-Arms
(OSAA) Mr. Jimmy Gaviola - Assisting Staff Ms. Ana Marie F. Deplomo - Assisting Staff Ms. Avigail G. Andaya - Assisting Staff
(For complete list, please see attached Attendance Sheet.)
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION JTBCadaing I-1 November 11, 2014 10:30 a.m. 1
AT 10:30 A.M., HON. FERDINAND BONGBONG 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 joint with
the Committee on Peace, Unification and Reconciliation of November
11, 2014 here in the province of Tawi-Tawi is called to order. Our
agenda for today is to hear the different positions of different resource
speakers on Senate Bill No. 2408, entitled An Act Providing for the
Basic Law for the Bangsamoro and Abolishing the Autonomous Region
in Muslim Mindanao, Repealing for the Purpose Republic Act No. 9054,
entitled 'An Act to Strengthen and Expand the Organic Act for the
Autonomous Region in Muslim Mindanao,' and Republic Act No. 6734,
entitled 'An Act Providing for an Organic Act for the Autonomous
Region in Muslim Mindanao,' and for Other Purposes.
I would like to acknowledge for the record our resource persons
who are here with us today and I would, first, want to thank all of you.
It is the southernmost part of the Philippines and some of our resource
persons have come from quite far away and I am very happy that they
were able to attend because this is too important for us to just discuss
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in Manila where the stakeholders will not be properly heard. So this is
our opportunity to give everyone a chance to speak.
Let me go down the list. From the OPAPP, the panel chair for the
peace negotiations with the MILF, Prof. Miriam Coronel-Ferrer, Usec
Jose Lorena and Atty. Al Amin Julkipli; The commissioners from the
Bangsamoro Transition Commission, Commissioner Akmad Sakkam,
Commissioner Asani Tammang.
With me here at the table is the congresswoman from Tawi-Tawi,
Representative Ruby Sahali. Also here with me is Governor Nurbert
Sahali, Vice Governor Michail Ahaja, Assemblyman Sulay Halipa.
From the various municipalities, Mayor Bonging Abdurahman and
others; Ms. Mary Anne Abdulmunap, the municipal administrator of
Bongao; the municipality of Panglima Sugala, Ms. Janet Cabanog, who
is their Sanggunian member, who is representing the mayor.
From the Philippine Center for Islam and Democracy, the
president is Ms. Amina Rasul-Bernardo; also, the chancellor of
Mindanao State University, Atty. Lorenzo Reyes; the station manager
of DXGD, Babylyn Cano-Omar; president of the MSU Alumni
Association, Engineer Rosendo Reyes; president of the Federation of
Tawi-Tawis CSOs/NGOs, Dean Magsaysay Werble; secretary general,
Katutubong Aliansang Lumad Moro Para sa Mapagpalayang Edukasyon,
Ms. Mucha-Shim Lahaman Quiling; from the Tarbilang Foundation,
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Musa Aming; from the Unified Successors for Change, Dayanara S.
Aming; the Association of Women Educators, Mernalyn A. Isa; from
the Tawi-Tawi Alliance of Civil Society Organizations, Arlene Sevilla.
So these are the resource persons that we have here before us.
Just a quick rundown on how we intent to conduct this hearing.
We will go down the list. I am assuming, of course, that everyone has
had a chance to study the Bangsamoro Basic Law in the version as it
was passed on to the Senate and the House of Representatives by the
President. And I presume that everyone has read, at least, has been
able to see a copy of this. And we will now go down, of course, the list
and take the positions of the different organizations that are
represented here today. I think it is just right that we will start with
our host. I was just saying that this is the most luxurious hearing
venue that we have ever had and we thank, of course, our host for
their great hospitality. So we will start with the governor.
Governor Nurbert Sahali, please give us your position on the
measures in question.
MR. SAHALI. Thank you, Excellency.
The Honorable Senator Ferdinand Marcos Jr., representatives
from the Office of the President of the Peace Process, Honorable
Congresswoman Ruby Sahali, Vice Governor Michail Tati Ahaja, board
members of the province, members of the League of Municipalities,
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members of Philippine Councilors League, heads and representatives of
the regional and national line agencies, representatives from the
academy community, the civil society and non-government
organizations, members of the Armed Forces of the Philippines and the
national police, friends, ladies and gentlemen, Assalamu alaikum wa
rahmatullahi wa barakatuh.
I am indeed honored by the presence of the good Senator, the
Honorable Bongbong Marcos and his party. In behalf of the good
people of Tawi-Tawi, I welcome you to our province of 307 islands.
Today and in the next few days, the people of Tawi-Tawi are
asked whether proposed Bangsamoro Transition Commission, draft
Bangsamoro Basic Law is good enough to replace the existing ARMM
Law. The people of Tawi-Tawi and I believe the rest of Moro
communities in this country are beginning to show signs of
hopelessness in the endless experimentation by the national
government in the Bangsamoro. I guess the national government
simply did not know what to do with the Moros in this country. As a
person, in the 1970s, the government created and established one
Lupon, then the ARMM.
Today, we are once again gathered here to discuss and present
our views and opinions to the proposed Bangsamoro Basic Law. We
hope and pray that this proposal enhanced by our views and opinions,
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will bring peace and development to our communities. We recognize
and understand the proposed BBL is not perfect, assume to encompass
the aspirations of our people. That is why we are here gathered to
ensure that the different communities and their aspirations are parts of
the proposed law.
The Senate Committee on Local Government, represented by
honorable Senator, is here with us today to ensure that the people are
informed and consulted on key issues that directly impact on them.
Having said that, I therefore ask everyone and all sector-
participants in public hearing to take this consultation process as an
opportunity to be part of history in the making.
Assalamu alaikum wa rahmatullahi wa barakatuh.
THE CHAIRMAN (SEN. MARCOS). Thank you, Governor
Sahali.
And I think we can hear next from the representative of the
province of Tawi-Tawi, Representative Ruby Sahali.
Congresswoman, please, you have the floor.
REP. SAHALI. Thank you, Mr. Senator. Assalamu alaikum wa
rahmatullahi wa barakatuh. Good morning po sa inyong lahat.
I would like to welcome all of you in this public hearing on the
proposed Bangsamoro Basic Law. We are in support. For the record,
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we are in support to the efforts of the government for a lasting peace
here in Mindanao. This is an opportunity/jtbc
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REP. SAHALI. ...This is an opportunity for all of us to listen and
understand the framework of the proposed Bangsamoro Basic Law.
Have a deeper understanding on the creation of Bangsamoro
government that will represent our culture and religion. We hope that
today will be a productive one and all issues and concerns are raised in
order of clarity on the other issues that will surely affect most of our
people, because you know why? Because were going to have an
institutional revolution kapag nagawa po iyong Bangsamoro
government and it will affect tremendously the life of our people here
in Tawi-Tawi. So having a public hearing, it shall bring the utmost
understanding and information for all of us. And in behalf of the
people of Tawi-Tawi, Mr. Senator, we wanted to thank you for coming
over to Tawi-Tawi, and your staff, and to all the MNLF panels, the
Bangsamoro Transition Commission and from the OPAPP, and from the
peace panel of the government, and to all the islanders who are here,
welcome po to the public hearing. Maraming salamat po.
And for the record, Tawi-Tawi was created through Presidential
Decree 203 which was signed by then President Ferdinand Marcos last
September 27, 1973. We are now 41 years old as a province. So with
that, maraming salamat po, Mr. Senator, Legacy po iyan for the people
of Tawi-Tawi.
Good morning po sa inyong lahat
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THE CHAIRMAN (SEN. MARCOS). For this hearing, we have
invited the municipal mayors, some whom are here, but I think they
have prepared a joint decision which will be given to us by Mayor
Bonging Abdurahman of the municipality of Simunul. So Mayor
Abdurahman perhaps will give us the decision or give us some of the
ideas, the reactions of the mayors of the different municipalities about
the Bangsamoro Basic Law as it has been given us.
So, Mayor Abdurahman.
MR. ABDURAHMAN. Good morning to all. First of all, I would
like to thank Senator Bongbong Marcos for gracing us with his
presence in this public hearing on the Bangsamoro Basic Law. There is
actually no quarrel in the acceptance of the Bangsamoro Law. Indeed,
we are very honored with your presence here, as we said. And for the
mayors, we will just be submitting our position paper later, Mr.
Chairman, because the president of our league was not able to catch
up with the plane.
So anyway, in the process, to be participating in the dialogue,
and for the record, we will just be submitting it later as soon as we are
able to get a copy from the president of the league because right now
he is not with us.
THE CHAIRMAN (SEN. MARCOS). Very well. Thank you.
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As we are preparing with the group of the round table, perhaps
now we can listen to the President of the Philippine Center for Islam
and Democracy, the Board of Trustee of the Mindanao Development
Authority, Ms. Amina Rasul-Bernardo.
MS. RASUL-BERNARDO. Thank you, Mr. Chair.
First, to my relatives from Tawi-Tawi, Assalamu alaikum wa
rahmatullahi taala wa barakatuh, especially for my relatives from
Sabah [speaking in Tausug dialect]. Again, thank you, Mr. Chair, and
former Senator Rasul also wants to extend her best regards to
Governor Sahali, Congresswoman Sahali and our favorite, Governor
Sadikul Sahali whom we have known since he was a board member of
the republic(?), hindi ba?and to all of you who have come to this
hearing.
Mr. Chair, if you will permit, I would like to read the statement
that we have prepared because I think it would be a good way of
starting since we have identified some of the issues that had been
raised in the many consultations that we did in the islands as well as in
Central Mindanao.
To my colleagues from Tawi-Tawi and from the rest of the
Philippines, this is the statement of the Philippine Center for Islam and
Democracy on the Bangsamoro Basic Law.
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PCID supports the enactment of the draft Bangsamoro Basic
Law. It is our hope that the resulting legislation will ensure the
economic, political and social dividends will be deemed for the benefit
of all. The BBL is the next step towards ensuring that a just and
lasting peace is established pursuant to the signing of agreement with
the MILF. The draft BBL is the product of over two decades of up and
down negotiations, at times contentious. Once enacted into law by
Congress and ratified from a plebiscite, the BBL will serve as a charter
for the new autonomous political entity called Bangsamoro. Thus,
replacing the present Autonomous Region of Muslim Mindanao which is
the product of peace agreement with the Moro National Liberation
Front.
The Muslim and the non-Muslim citizens of the Philippines who
belong to the Islamized indigenous tribes or nationsMaguindanao,
Maranao, Iranun, Tausug, Sama, Badjao among manyas well as
other Mindanao communities have long been waiting, through
generations, for a just and lasting peace. A just peace is essential to
compensate for the stolen sovereignty of our tribes and nations. We
have to bear in mind that the Muslim liberation fronts, both the MNLF
and the MILF, fought for independence of the Islamized tribes or
nations whose sovereignty was usurped by colonial masters. The wars
of independence carried over from the Spanish to the American era,
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continued during the establishment of the New Republic of the
Philippines and beyond. With the signing of the peace agreement, the,
at that time, undivided Muslim Liberation Front, the MNLF, accepted
autonomy in lieu of independence.../cbg
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa III-1 November 11, 2014 10:50 a.m. 1 MS. RASUL-BERNARDO. in lieu of independence.
In view of the tumultuous history of our peace processes, we
hope that the law to be enacted shall not significantly depart from the
spirit, the objectives and intentions of the agreements that have been
signed.
The draft bill is far from perfect. However, it does enhance the
powers granted to the region by RA 9054 which strengthened and
expanded the ARMM which was established by RA 6734, the original
Autonomy Act. This enhancement, together with the bills various
provisions, are considered necessary for the successful implementation
and running of the Bangsamoro to the benefit of all.
PCID has conducted and participated in workshops and
consultations with the Foundation for Economic Freedom, an
organization that includes in its members four former Department of
Finance secretaries led by Cesar Virata, the first prime minister and the
only prime minister of the Republic under your fathers government. It
also includes former Secretary Roberto de Ocampo, Gary Teves, Ernest
Leung. Together with the FEF, we have been working on how do you
strengthen business and investment climate in the Bangsamoro. We
also conducted consultations for the Womens Peace Table, an initiative
organized by the Mindanao Commission for Women, the Women and
Gender Institute and other organizations.
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa III-1 November 11, 2014 10:50 a.m. 2 Based on these consultations, we have pinpointed the following
concerns that must be addressed by the BBL:
First, protection of the rights and promotion of the equitable
participation of women, indigenous peoples and non-Muslims. There
are serious concerns, although enshrined in the BBL, the concept of
protection of basic rights. But still when you go down, there are some
nuances that some people take to mean might actually restrict the
rights of these groups.
Second, protection of ancestral domains, including the domain of
the--
THE CHAIRMAN (SEN. MARCOS). Maam, could you be
specific on the provisions that you are referring to so that we can also
look at it and then seeMaybe the language needs to be changed. So
perhaps if we could refer to the actual provisions so that we know what
we are talking about exactly.
MS. RASUL-BERNARDO. We have put together a matrixits
rather longwhich we will be submitting to you. But this is a concern
of the three people. In fact, during the hearing in Congress with the
civil society, the litany of the sections and the articles was really long.
THE CHAIRMAN (SEN. MARCOS). Very well. So long as the
Committee is provided with that information.
MS. RASUL-BERNARDO. We will do that, Mr. Chairman.
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THE CHAIRMAN (SEN. MARCOS). Thank you.
MS. RASUL-BERNARDO. With regard to the protection of
ancestral domains particular attention especially from the islands is
requested to include the domain of the Sultanate of Sulu with definitive
parameters to be set. Because we note that in the BBL draft, it is
silent on historical possessions of the Bangsamoro which therefore
includes what do we do with Sabah?
Third, protection of land and property rights. This is particular
reference to investors, for instance.
Fourth, synergy with provisions of the 1996 Final Peace
Agreement which fleshed out the 1976 Tripoli Agreement that actually
established the region of autonomy for the Mindanao Muslim tribes.
Fifth, clarity on what you mean the functions of the
intergovernmental relations, not just the mechanism to address
differences between the Bangsamoro and the Central Government, but
also the relationship between LGUs and the Bangsamoro Government.
It has been noted to us time and again that the present ARMM,
part of the dysfunction is the problems with the relationship between
LGU, regional government and then with the national government.
Sixth, development of the appropriate civil service system and it
should include the protection of the rights of the ARMM civil servants
who may have to be let go.
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Seventh, corollary to the above, the need to ensure that the
Bangsamoro Transition Authority is accorded sufficient time to
establish interim governance structures, legal processes and policies.
Since one year of transition is grossly inadequate, perhaps the
Congress could look at providing for an extended period of transition
which may require that the first elections of the Bangsamoro
Parliament may take place in 2019.
Eighth, development of appropriate and effective electoral
system appropriate for a ministerial form of government in the region.
Ninth, development of appropriate and effective public order and
safety system. And this particular concern has become even stronger
after the reports that 250 million ransom was paid for the two German
hostages.
Tenth, establishment of effective, efficient fiscal management
systems following standards of good governance.
Eleventh, implementation of the Shariah system. We note that
the current system is dysfunctional. With a judicial system that fails
to reach the majority of Muslims of ARMM and ineffectively interfaces
with the regular courts of the country. Corollary to this, we should
ensure efficient and effective systems of the Shariah process.
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Second, the Shariah system should ensure the protection of
stakeholders which may include particular Muslim groups, for instance,
that are not Sunni.
Third, ensure participation of Bangsamoro women in drafting the
Shariah Code. Shariah is the Muslim Code. Muslim Personal Laws is
a code that we owe your late father, President Marcos, but the one
complaint, for instance that my mother and other women leaders at
that time had was that there was no woman involved in the drafting of
that code. And we hope that that will not be the case today.
And then, globally, we should be looking at how the
implementation of the Shariah Code will strengthen economy.
Shariah compliant industriesIslamic banking and finance, halal food,
halal management systemshave become billion dollar industries.
The Philippines has yet to tap this market. Thus, the BBL should
allow for Shariah compliant goods and services by establishing
appropriate regulatory framework, such as possibly amending the
Bangko Sentral charter to allow Islamic banking and finance to come
in. Or, if that is not necessary, establishing the regulatory procedures
that would allow Islamic banking and finance to come in.
And, lastly, prayer from almost all that we have consulted with.
We pray to Almighty God that the Bangsamoro Basic Law is passed
sooner rather than later, and that the various provisions generally
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa III-1 November 11, 2014 10:50 a.m. 6 remain intact. Or, if revised, reasonable revisions should be made
which are acceptable to the stakeholders, particularly the two parties
signatory to the peace agreement.
Thank you, Mr. Chair.
THE CHAIRMAN (SEN. MARCOS). Thank you for that very
thorough examination and analysis of the Bangsamoro Basic Law.
You have actually encapsulated many of the issues that have
been raised in the other hearings that we have held. And we have
started to have a discussion on it. The only point that we have heard
for the first time is that about the involvement of women in the
institutionalization of Shariah Law which is something that is the first
time that we have heard it. But I think it is a valid and valuable point
that you make.
And also, the issue of the ARMM bureaucracy is something that
has been raised as to what will happen to the present civil servants
/jmb
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang IV-1 November 11, 2014 11:00 a.m. 1 THE CHAIRMAN (SEN. MARCOS). what will happen to the
present civil servants who are in the bureaucracy of ARMM when it is
reorganized. Should their agency be abolished or should they be
reorganized? What will be the status of our civil servants? And how
will we do it so it remains consistent with the guarantees that the civil
service code puts in in terms of pay grades and in terms of tenure of
our civil servants? So Im sure that this point will be raised once again
as the discussions go on. So at this point, I would like to acknowledge
the arrival of the former governor, Former Governor Sadikul Sahali of
Tawi-Tawi, a well-known leader of the province and of his people. So I
would like to give the floor to him to hear his views on the Bangsamoro
Basic Law.
MR. SADIKUL SAHALI. Bismillah al-Rahman al-Rahim.
Assalamu Alaikum Wa Rahmatullahi Taala Wa Barakatuh.
First, I would like to extend my thanks and appreciation to the
Honorable Senator for giving me the opportunity to say something
during this important gathering. What we are about to do is very
important. Very important in the sense that we should make a
decision now, not only for the present generation but for the
generation and generations to come. If we make a mistake now, it will
not only affect the present generation but will include the future
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang IV-1 November 11, 2014 11:00 a.m. 2 generations. That is why what I am about to say is really very, very
important today.
Tawi-Tawians are peace-loving people. The signing of the Peace
Agreement in 1996 was our guide in handling the peace and order
situation in the province. To make Tawi-Tawi peaceful was not the
work of one man. It was the job of all the people residing in Tawi-
Tawi. From the center of governance in Bongao to the barangay, the
islands, barangay captains, civic and religious leaders participated to
make Tawi-Tawi very peaceful. Because to make Tawi-Tawi peaceful
could not be done by the military and the police alone, neither by
governors and mayors, but its the job of all Tawi-Tawians. That is
why upon the signing of the Peace Agreement, everybody was busy
working for the development and improvement of their families, to
send their children to school, to earn what is right for his family.
Now, that MILF rebellion in Central Mindanao did not affect us so
much. In fact, I think very many here will support me when I say
there was no MILF in Tawi-Tawi prior to the signing of the Peace
Agreement, the second Peace Agreement, the Bangsamoro. But now I
have seen very many are now MILF. Now, this is good that we are
accepted by the MILF central committee. Such the case, since the
mission of the MILF is perhaps to form a government that is for the
betterment of all the inhabitants in Mindanao, then I think Tawi-
24
COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang IV-1 November 11, 2014 11:00 a.m. 3 Tawians could simply say that we are also an MILF even if we have not
filed our application with the MILF. Because if the mission is peace,
who doesnt like peace? Tawi-Tawians love peace. We are peace-
loving people. That is why what we are about to do must be
satisfactory to all; satisfactory in the sense that it is acceptable. I am
happy that the Senate and the House of Representatives will be
coming here and which let us and give us an opportunity to say what
we want in the BBL and what we do not want. So, it is an opportunity
for all of us. Because if we are wrong--if the Senate and the House of
Representatives adopt what is presented in the BBL which the people
does not like, then that is the cause for us to repeal what is in that
BBL. What should remain there must be acceptable to all of us, to all
the inhabitants in the area of autonomy.
Like, for example, in the beginning I even objected to naming
the region as a Bangsamoro. Because when I was in college, I fought
twice when my classmates and schoolmates called me a Moro. But
this time, we want to be publicly called a Moro which I have to join
because it is the desire of the majority perhaps of the people within
the region. Kahit anong pangalan ang ibigay sa akin, kung iyon ang
gusto ng karamihan, tatanggapin ko. Now, if the majority of the
people in the region accepted what is presented there in the BBL, then
wala tayong magagawa. I have to accept that. But I just want to
25
COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang IV-1 November 11, 2014 11:00 a.m. 4 remind you, my good people of Tawi-Tawi, we should not make a
mistake endorsing one that we do not like because that one will affect
not only us now, not only those schoolchildren now, but even the
children and children of those in the classroom now. They will be
affected because this is not like a local election. After voting, after
three years, another election but this one will last forever. So this is
not a joke. And what I want now to happen is that people in the
region will make the decision. We should not be decided by the people
in Luzon but by the people in the area of autonomy, what is good for
all of us. Because what is given to us now is the idea ofto some
people who is not a resident of the autonomous region. So well do
something about this. And we are supportive to the Peace Agreement
signed between the MILF and the government but something must be
done to make it acceptable to all of us.
Thank you very much. Assalamu Alaikum Wa Rahmatullahi Taala
Wa Barakatuh.
THE CHAIRMAN (SEN. MARCOS). Thank you very much.
We are precisely here to make sure that this agreement that we
have be not only acceptable to the people but be an effective measure
to actually bring true and lasting peace. I think all of us are desirous
of the same end and, that is, that we finally see that there is a true
and lasting peace in Muslim Mindanao, in Mindanao in general. And
26
COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang IV-1 November 11, 2014 11:00 a.m. 5 that is the process that we are undergoing is to go through the
Bangsamoro bill to see exactly what of the measures or the provisions
or the proposals that are contained within the Bangsamoro Basic Law
be effective when the time comes to implement the law.
So again, I would encourage everyone to go into as much detail
as you would like to because the use of different words and the use of
the different language, any changes that we make, any language that
we finally endorse as the final version of this law will have a difference,
will make a difference/alicc
27
COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION JTBCadaing I-2 November 11, 2014 11:10 a.m. 1
THE CHAIRMAN (SEN. MARCOS). will make a difference
because if it is open to too much interpretation that is going to be a
problem because the varying interpretations will not necessarily
coincide. So, again, the level of detail of that we are willing to listen
today during the hearing is as detailed as you care to make it. So,
again, we will give everyone a chance to have their thoughts put on
the record.
Yes.
MS. ABDULMUNAP. Im Mary Anne Abdulmunap, the PPC chair
of Our Lady of Holy Rosary Parish. We have come up with the position
of the Bongao Catholic Christian community of the Bangsamoro Basic
Law.
We, the Catholic Christian community of the Our Lady of the
Holy Rosary Parish of Bongao, Tawi-Tawi genuinely long for a just and
lasting peace. The BBL is brought to the fore with a promise that this
will bring forth this lasting peace that we long for. To us, however,
there are issues and concerns that are ambiguous and this we want to
clarify notwithstanding that we belong to a minority of Christians that
inhabit the territory of the province of Tawi-Tawi. The issues that are
not clear give us apprehensions about BBL. Moreover, we would also
want to present suggestions on some of the areas.
28
COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION JTBCadaing I-2 November 11, 2014 11:10 a.m. 2
The following are some of the issues for clarification and some
suggestion: On the preamble, the term other inhabitants is
ambiguous. Does this term refer to non-Muslims? If it does, then it
is better that the term non-Muslims be used in the preamble.
On Article II, Bangsamoro Identity. Section 1. The Bangsamoro
people are the natives or original inhabitants of Mindanao, Sulu
Archipelago and Palawan at the time of conquest or colonization who
are largely of Islamic faith. So is it correct to suppose that not all
Bangsamoro are Muslims?
There is in the consciousness of the people here in Tawi-Tawi
that Bangsamoro refers to Muslims only so that the non-Muslims do
not belong. This may be a misconception. But, unfortunately, some of
those who educate the people on the BBL have this kind of
understanding which is contrary to the concept of inclusivity. What do
ascription and self-ascription mean?
Section 2 of the Article II. Are there mechanisms set to
safeguard the freedom of choice of the indigenous people?
On Article III, regarding territory. Section 2(c). The cities of
Cotabato and Basilan are not part of the present geographical area of
the Autonomous Region of Muslim Mindanao. Now they are being
made part of the Bangsamoro territory. Were they consulted in this
inclusion?
29
COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION JTBCadaing I-2 November 11, 2014 11:10 a.m. 3
Section 2(d). In reference to other contiguous areas where
there is a resolution of the local government unit or a petition of at
least 10 percent of the registered voters in the area asking for their
inclusion at least two months prior to the conduct of ratification of the
Bangsamoro Basic Law and the process of delimitation of the
Bangsamoro. We ask the following: How can only 10 percent be
justified? Will 10 percent be enough to represent the voice of the
people? What will happen to the majority rule? If the contiguous
territories can ask for inclusion, can the included territories not also
ask for exclusion by the same percentage given to the contiguous
territories?
On Article VI, Intergovernmental Relations. Section 10. While
the central government shall ensure the protection of the right of the
Bangsamoro people residing outside of the Bangsamoro territory, it
must also ensure the protection of the right of the non-Bangsamoro
people residing within the territory of the Bangsamoro.
On Article VII, the Bangsamoro Government. Section 5.3.
There are two reserved seats each for non-Moro indigenous
communities and settler communities. Does the term settler
communities refer to the Christians? Can we not just be clear by
using Christian settler community?
30
COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION JTBCadaing I-2 November 11, 2014 11:10 a.m. 4
On Article IX, Basic Rights. Right to Education, Section 13. A
complete and integrated system of quality education is a top priority.
So an educational framework relevant and responsive to the needs,
ideals and aspirations of the Bangsamoro shall be adopted. What kind
of educational framework will this be? What mechanisms will be used
by DepEd and CHED to adopt this? What happens to the principle of
separation of church and state in the realm of education? It is a fact
that on the side of the Christians, it is difficult of get through with
catechetical instructions in public school for the Catholics. However,
our Christian Catholic students enrolled in public schools at this
moment are obliged to be in Arabic and Islamic values classes and
recently in ALIVE classes. There seems to be an imbalance of
treatment in terms of the principle of freedom of religion. Will the
current ALIVE program of the DepEd be implemented also in private
school? What shall the Bangsamoro oblige the Catholic schools, such
as the Notre Dame schools in Tawi-Tawi, to offer in terms of
curriculum? In case the Sunday to Thursday classes scheme may be
implemented, will these Catholic and the other Christian Protestant
schools be obliged to follow? How will the Bangsamoro treat the
madaris? Will schooling in these schools be highly encouraged? The
consequence of this will be the decline of enrolment in Christian private
schools such as Notre Dame, Adventist schools and the like.
31
COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION JTBCadaing I-2 November 11, 2014 11:10 a.m. 5
Section 14. What is the concept of the tribal university system
to address the needs of the indigenous cultural communities in the
Bangsamoro? Will this be like another SUC?
On Article X, Bangsamoro Justice System, Section 1. It is clear
that the Shariah shall have supremacy over Muslims only. However, if
the dispute between a Christian and a Muslim, which court[Power
Outage]
THE CHAIRMAN (SEN. MARCOS). Once more/jtbc
32
COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION CBGealan II-2 November 11, 2014 11:20 a.m. 1
THE CHAIRMAN (SEN. MARCOS). ...Once more, we like to
call the hearing back to order. We have our electricity back.
Ms. Mary Anne Abdulmunap, please continue. I think you still
have some other points that you would like to bring up.
MS. ABDULMUNAP. So we stopped on Article X, Bangsamoro
Justice System.
Section 1. It is clear that the Shariah shall have supremacy
over Muslims only. However, if the dispute is between a Christian and
a Muslim, which court will prevail, the Shariah or the local?
On Article XVI, Bangsamoro Transition Authority, Section 2, how
can we be ensured that the Presidents appointment of the 50
members of the BTA be without any political color or interest? On
Article III, Territory, Section 2, letter C, what percentage will the non-
Moro indigenous communities, women, settler communities and other
sectors-take in the representation to the BTA? This has to be defined
right at the very start.../cbg
33
COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa III-2 November 11, 2014 11:30 a.m. 1 MS. ABDULMUNAP. right at the very start.
Section 9. It has to be made clear what level of the offices in the
Autonomous Region of Muslim Mindanano will be phased out gradually
and deemed abolished upon the ratification of the BBL. Will it be in the
regional level only? Will it include the provincial level and the
municipal level? Already at this point, there are apprehensions of a
massive displacement among the government employees in all levels.
As of now, we are aware of the monitoring of human
resource/professionals in the Autonomous Region of Muslim Mindanao
where professionals are made to fill up forms about their credentials
and the like. Unfortunately, we are given the impression that this is
only for the Muslims. Is this true? If this is a misinformation, this has
to be corrected.
General Observations:
There is no mention of Christian in the BBL. What word or
words alludes to them? Non-Bangsamoro? Settlers?
There is apprehension among us Christians that because we are
not Bangsamoro people, we do not belong. We would like to be
clarified with this. That Bangsamoro really does not refer to the
Muslims but to the natives of Mindanao, Sulu and Palawan as specified
in Article II. Otherwise, if it refers only to the Muslims, what will
34
COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa III-2 November 11, 2014 11:30 a.m. 2 happen to the inhabitants, especially the Christians, who are not
considered Bangsamoro?
Only very few have the knowledge about the BBL because so far
there had been no wide dissemination about this. People cannot be
conversant about it or be able to give feedback about it because they
have not read it yet. Widest information dissemination about the BBL
must be done by concerned authorities, and soon, so that when the
plebiscite comes, the people can vote according to their own
conscience and judgment.
If the BBL is for peace, is there any assurance that those
displaced personnel and heads of offices will not form a disgruntled
group and create chaos in Mindanao?
Thank you. And that is the position of the Bongao Family
Christians Community on the Bangsamoro Basic Law. [Applause]
THE CHAIRMAN (SEN. MARCOS). Thank you very much, Ms.
Mary Anne Abdulmunap, for your quite thorough questioning.
And this is precisely what we are hoping will be the process. So
I encourage you to speak as freely as the lady from Bongao has just
done.
The members of the Bangsamoro Transition Commission have
asked to be heard on some of the points that you have raised. So I
35
COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa III-2 November 11, 2014 11:30 a.m. 3 will hand the floor to whoever amongst you will be the spokesman for
the Transition Commission and the staff of Chairman Iqbal.
MR. SAKKAM. Thank you, Mr. Chairman, our honorable guests.
Ako po si Mr. Sakkam, the vice chairman of the Transition
Commission for drafting this BBL.
So if I am going to respond to all the questions of the madam, I
will be making a lecture completely.
What does the BBL propose to the Bangsamoro people? And I
think I will become a professor this afternoon.
Now, she started with a Bangsamoro identity? What is that
Bangsamoro identity? It is a name that was discussed by among
ourselves that there ought to be an identity among the Bangsamoro
people, uniting them, parang rugby iyan, to unite the entire tribe so
that when you are asked, you will not say, I am a Sakal. I am a
Tausug. I am Yakan. I am a Maranao. But, I am a
Bangsamoro. That is the meaning of that.
And in the definition of Bangsamoro, it is clearly stated there
those are the times of conquest, either original inhabitants or by
descendants or spouses. It includes everybody, not just Islamites
Muslim, but all other tribes within the territory. And then, the territory
is also clearly defined. What are the Bangsamoro territories? The
36
COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa III-2 November 11, 2014 11:30 a.m. 4 territory that is now presently under the ARMM plus all other territories
that will soon be included once they will ratify in the plebiscite.
Now, regarding the 10 percent you mentioned. It is only a
petition of the 10 percent. But the entire population of that barangay
or municipality will be the one to decide by a majority vote or cast. So
it is not just 10 percent, only the initial petition. I think the general
answer should be: What does the BBL propose to the Bangsamoro
people? Ano ba ang pagkakaiba more than the ARMM?
We are not saying that the ARMM is not a good law. But we are
reinforcing what we have in the ARMM. For example, we have defined
the powersthe powers of the government, the powers of the
Bangsamoro and those powers that we share together. So lumawak
iyong kapangyarihan ng Bangsamoro.
I will go directly to the most important thing, the rehabilitation
and the funding.
In addition to the fund that we have already enjoyed under the
ARMM, naglagay ang gobyerno sa atin ng rehabilitation and
reconstruction fund. In addition to that, mayroon pang plus, plus fund
iyan. Ang ibig kong sabihin, tayo sanay dito kumain ng tinolang itim.
Kung mayroon pang mga diyan, mayroon pang ice cream diyan,
mayroon pang mga ibang tinola diyan, hindi mo ba tatanggapin doon?
Kuntento ka na ba sa tinolang itim na lang? Hindi pupwede iyon dahil
37
COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa III-2 November 11, 2014 11:30 a.m. 5 in-expand natin. Recognition ito by the government that there ought
to be peace. Kasi ang primordial consideration: to bring about peace,
to bring about stability and to respond to the aspiration of the
Bangsamoro people for self-governance and recognition for their
identity.
So lets get back to another question, the educational system.
We are not discarding the national educational system, but again we
will introduce some curriculum or additional subject that will respond
to the culture, to the religious belief and creed of the Bangsamoro. So
paghaluin iyan in such a way that it will answer the clamor of the
Bangsamoro people.
What else?
Now, lets go to the Shariah. Again, for the first time, the
government accepted the Shariah, not just on person, family and
property, but that includes criminal justice. And here in the Shariah,
because we argued the Shariah includes the whole way of life in the
Holy Quran. And we told them that we can only accept if the way of
life enshrined in our holy book must be strengthened, must be further
expand in such a way to answer to the clamor of our religious people.
Kung nandiyan iyong prosecution /jmb
38
COMMITTEE ON LOCAL GOVERNMENT JJOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang IV-2 November 11, 2014 11:40 a.m. 1 MR. SAKKAM. nandiyan iyong prosecution office, nandiyan
iyong Shariah Judicial Bar, mayroon pa tayong Judicial Academy,
school for judges, for lawyers practicing Shariah. In addition to
current circuit court, municipal court, mayroon pa tayong appellate
court ngayon, and the qualification at par with the rest of the other
justice system of the country. Ganoon ho iyong kaganda ng BBL na
ito. Lahat ng hindi nakuha ng Bangsamoro noon, binibigay nito,
binibigay na ng goberyerno, naiintindihan na tayo. For how many
years we have been negotiating, more than almost five decades na,
nagne-negotiate tayo, fighting. Did we achieve the peace that we
want? No. Did we achieve the development that we want? No.
Partial. Imagine, 7 billion initial in one year and then 2 billion every
year thereafter and then mayroong plus, plus, plus pa which will be
threshed out together with the government. Bakit pa tayo
makakaangal pa doon? Binigay nang lahat ng gusto mo.
Now, lets go to the police force, a very important consideration,
the police force. In our Constitution, there is a distinction between
local police force and then the Armed Forces of the Philippines. Our
Constitution says it shall be the primary responsibility for maintenance
of law and order to the local police. Kasi we know our experience
through the years. But when it comes to national [power
interruption]Armed Forces of the Philippines--ang local police
39
COMMITTEE ON LOCAL GOVERNMENT JJOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang IV-2 November 11, 2014 11:40 a.m. 2 nandidiyan pa rin, part and parcel of our national police. We are not
removing from the national police to supervise us. We are not
removing from the President of the Republic of the Philippines.
Now lets go to the parliamentary form of government. Is it
constitutional? We have the national government that is presidential
and then the Bangsamoro Autonomous Government which is
parliamentary? The answer, yes. Of course, among lawyers, it may
sound conflict, sa pananaw iyan, sa perspective iyan. But to us, yes,
because our Constitution says the Congress of the Philippines, the
Senate and the House of Representatives is instructed to come up with
an organic law like the BBL that defined the instructions of government
as long as they are democratic. Iyon lang ang qualification noon,
democratic. And that the legislative and the executive together are
also democratic, elected by the people. Mr. Chairman, with this BBL,
you authorize us as part of Congress to come up with this basic law,
provided it is democratic. Democratic means elected by the people,
members of parliament are being elected totally by all of you as your
representative in the parliament. And in the parliament, they will
choose a Cabinet to exercise the executive function of the government.
So the legislative and the executive--democratic pa rin iyan. Sina
Senator Bongbong and Congresswoman Sahali, together they are
40
COMMITTEE ON LOCAL GOVERNMENT JJOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang IV-2 November 11, 2014 11:40 a.m. 3 authorized to come up with a form of government as long as it is
democratic.
THE CHAIRMAN (SEN. MARCOS). Atty. Sakkam, before me,
I have the position paper that was read to us and there were some
questions which I would like to explore because they also lead to other
issues.
Is there something you would like to add?
MR. ALI. Yes.
THE CHAIRMAN (SEN. MARCOS). Okay.
MR. ALI. I am Atty. Lanang Ali Jr. I am the legal officer of the
Bangsamoro Transition Commission under the Office of Chairman
Mohagher Iqbal.
First of all, I would like to put into record that the Bangsamoro
conflict is not a religious conflict. This is not a religious conflict, but
only the right of the Bangsamoro, their right to self-determination
which is internationally-recognized as an inherent right. For the
record, this is not a religious conflict. As I want to quote the
statement of Chairman Mohagher Iqbal, in the ad hoc committee
hearing in the Congress, hindi po kalaban ng Bangsamoro ang
gobyerno. Hindi po kalaban ng Bangsamoro ang Armed Forces of the
Philippines. Ang kalaban po ng Bangsamoro ay injustice at
oppression. And the BBL, this is an antidote to the injustice and
41
COMMITTEE ON LOCAL GOVERNMENT JJOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang IV-2 November 11, 2014 11:40 a.m. 4 oppression that have been experienced by the Bangsamoro since time
immemorial. So ito po ang solusyon dito. And the issue of identity,
wala po kaming nilagay na religion diyan, Christian or Muslim, kasi
hindi ito religious conflict. This is an exercise of a political right. This
is the right to self-determination of the Bangsamoro people.
So on the issue of petition of 10 percent, this is an initial stage.
Ang magde-decide po diyan is--it is through the plebiscite. It is the
will of the governed that will decide. Ano po bang masama doon?
Pag nag-petition ang 10 percent, pag ang boto doon ng majority ay
No, kailangan po nating irespeto iyon kasi iyon ay democratic
process. Iyong 10 percent, petition lang iyon. And this will go through
a plebiscite. And the plebiscite, tatanungin po ang tao doon kung
whether they vote Yes or No. Kung majority No, sorry na lang,
ganoon talaga. Iyan ang democratic process because
intergovernmental relations will also see the reality on the ground that
there are other Bangsamoros outside the Bangsamoro territory. And
the Bangsamoro government wants to extend the benefit of the
Bangsamoro Basic Law to the Bangsamoro living outside the
Bangsamoro territory. Masama po ba iyon?
And the issue of basic rights and education system, again, ito ay
enhancement of the education system ng national government;
42
COMMITTEE ON LOCAL GOVERNMENT JJOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang IV-2 November 11, 2014 11:40 a.m. 5 enhancement. Pag tiningnan natin kasi iyong previous na educational
system, wala pong about Muslim cultures and traditions.
THE CHAIRMAN (SEN. MARCOS). Atty. Ali, I would like to
just return to the previous subject, iyong intergovernmental relations,
dahil hindi naman yata kinukuwestiyon na you will extend protection to
Bangsamoro outside of the Bangsamoro territories. But what is being
questioned is that does that same protection apply to non-Bangsamoro
in the Bangsamoro territory. I think it is that element of equality that
is being raised.
MR. TAMMANG. Thank you, Mr. Senator, Mr. Chairman.
Assalamu Alaikum Wa Rahmatullahi Taala Wa Barakatuh.
Ako po ay si Commissioner Asani Tammang from Sulu. Doon sa
question ni Chairman, iyong tinatawag na Bangsamoro who are outside
of Bangsamoro, who are outside of core area, ito ang mga brother
natin, Bangsamoro who are in Manila, who are somewhere in the
Philippines. And as a Bangsamoro, hinihingi namin na dapat
protektahan sila ng gobyerno natin. The central government should
protect these Bangsamoro who are outside of the Bangsamoro core
area. In the same manner, Mr. Chairman, Your Honor, the
Bangsamoro will have to protect those inhabitants or those non-
Bangsamoro who are in the Bangsamoro area because whether we like
it or not, they are members of the Bangsamoro. Because, Mr.
43
COMMITTEE ON LOCAL GOVERNMENT JJOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang IV-2 November 11, 2014 11:40 a.m. 6 Chairman, the term Bangsamoro is inclusive. Unlike the ARRM, the
ARMM, this is exclusive/alicc
44
COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION JTBCadaing I-3 November 11, 2014 11:50 a.m. 1
MR. TAMMANG. this is exclusive because Muslim Mindanao.
This Bangsamoro, it includes everybody who are within the area of
autonomy. So being a member and living in the Bangsamoro area,
they should receive the protections from the Bangsamoro in the same
way those Bangsamoro who are outside of the core area will likewise
receive protections from the government, Your Honor.
THE CHAIRMAN (SEN. MARCOS). Commissioner, when you
speak about protections for Bangsamoro outside of the Bangsamoro
territory, could you tell us what that protection is that you are referring
to, and what is the difference between the protections that are
extended to the Bangsamoro outside of the Bangsamoro territory and
just the legal protection that the government affords all its other
citizens? Is it a special case or is it just similar to what all our other
citizens of the republic enjoy?
MR. TAMMANG. Actually, Mr. Chairman, Your Honor, this is
similar to the protections given to the citizens of the Philippines.
Because we cannot claim special protections from our Bangsamoro
people who are outside of the core area which is not the usual
protection given by the government to the citizens of the republic.
THE CHAIRMAN (SEN. MARCOS). Very well. Again, I think
the question is that if the treatment of Bangsamoro and non-
Bangsamoro both in and out of the Bangsamoro territory is equal and
45
COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION JTBCadaing I-3 November 11, 2014 11:50 a.m. 2
the same. That is, I think, the concern that is being raised by those
questions. So its good that you are able to qualify this issue.
Yes, please continue.
MR. TAMMANG. In the same way, Mr. Chairman, I would like
to add what was given by my colleague just a while ago.
As we have said, some of the importance of this BBL from that of
the 9054 is that Bangsamoro is inclusive and that of the ARMM is a
little bit exclusive. Likewise, while it is true that the ARMM na
autonomous but in reality, it is an administrative region, Your Honor.
Because all the requirements especially in the budgeting will have to
come from the Department of Budget. While as in the Bangsamoro
now, the budget given to the Bangsamoro, iyong tinatawag nating
block grant na block grant ito, ibinibigay and then bahala na iyong
parliament mag-budget according to the different agencies of
government.
Likewise, iyong relationship ng national government at the
Bangsamoro ang tinatawag nating asymmetric. Ano ang
asymmetric? Kung tutuusin natin ito, when we say symmetric,
similar. When we say asymmetric, not similar, dissimilar. Ang
tinutukoy dito iyong relations ng Bangsamoro and that of the national
government is not the same as the relationship of the other regions of
the country. Because in this relationship, the national government
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION JTBCadaing I-3 November 11, 2014 11:50 a.m. 3
recognized the identity of Bangsamoro as well as its right to self-
determination. So medyo peculiar ang relationship ng Bangsamoro at
national government.
Likewise, as I said, iyong budget natin dito sa Bangsamoro,
automatic ang appropriations at in the form of block grant. So medyo
na-improve ang patakbo ng ARMM dito sa Bangsamoro.
Likewise, in the matter of abolition of the ARMM, hindi naman
lahat ng tao doon sa ARMM maa-abolish. In fact, ang phasing out ay
ano iyan, little by little especially those line agencies na hindi naman
puwedeng tanggalin agad iyan kasi magsa-suffer ang services. So
medyo phase by phase iyan, and also we have to observe the Civil
Service rule. We cannot just remove anybody especially those who are
occupying na iyong mga agency na talagang kailangan. Kaya lang, we
have to understand that all political positions, that all coterminous
positions, casuals and contractuals will have to go by their principal.
So ganoon ang sistema.
At saka iyong sa pasabi-sabi na ang abolition, that will include
the province, the city, the municipality and the barangay, walang
katotohanan iyon. In fact, all privileges enjoyed by the municipalities,
by the cities and the province ay hindi ito magagalaw. This will
continue to be enjoyed by the local government unit.
That would be all, Your Honor.
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION JTBCadaing I-3 November 11, 2014 11:50 a.m. 4
THE CHAIRMAN (SEN. MARCOS). Thank you, Commissioner
Tammang.
I think Attorney Ali has something to add. Please go ahead.
MR. ALI. On the issue of curriculum, tribal university, etcetera,
etcetera, it was down to the issue of freedom of religion. Freedom of
religion, it is a constitutional rights.
Under the BBL, Article IX, Section 1, the wordings there are in
addition to basic rights that have already been enjoyed under the
Constitution. Ibig pong sabihin niyan, lahat po ng mga constitutional
rights ay in addition lang po itong Bangsamoro Basic Law, okay. Ang
Bangsamoro Basic Law po ay hindi po ina-amendahan ang
Constitution. Ang Constitution is still the fundamental law of the land.
So wala po. Lahat po ng inhabitants ng Bangsamoro whether
Christian or non-Christian, Moro or non-Moro, ay mayroon sila, existing
pa rin iyong kanilang constitutional rights. Okay, yes.
On the issue of Bangsamoro justice system, ang P.D. 1083,
otherwise known as the Muslim Personal Code of the Philippines, hindi
po iyan a-amendahan ng Bangsamoro Basic Law. In fact, iyong mga
provisions doon applicable pa rin. In case of conflict between Muslim
and non-Muslim, the provision of P.D. 1083 is still applicable, okay.
Ang ginawa lang po ng Bangsamoro Basic Law is enhance and
strengthen, dinagdagan iyong mga persons and family relations na
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION JTBCadaing I-3 November 11, 2014 11:50 a.m. 5
nakalagay sa P.D. 1083. So mababasa po natin iyan sa Bangsamoro
Basic Law. On the issue ofiyon sinagot na po.
Ang Bangsamoro Basic Law, ang babaguhin po ay ang Republic
Act 9054, okay. Iyan po ang papalitan ng Bangsamoro Basic Law,
hindi niya po iyan papalitan ng Local Government of 1991. So
meaning, all privileges na nai-enjoy by these local government units,
municipal, province, continue pa rin iyon. Ang babaguhin lang po, for
the record, is iyong Republic Act 9054. So hindi po dapat mangamba
ang ating mga local government units. So iyon po.
Uulitin ko po, ang issue na ito ay hindi po ito religious conflict
kundi ito po ay pag-exercise ng Bangsamoro people sa kanilang right
to self-determination na recognized po internationally as inherent right
iyan ng isang tao sa mundo.
Maraming salamat po. Ibibigay ko po kay
THE CHAIRMAN (SEN. MARCOS). I would just like to pick up
on the point though that was mentioned.
Again, the concern I believe is not the bureaucracy at the local
government level. I think what is the concern that has been raised--
and we have been together in listening to the same point--is that what
will happen to the civil servants. And if their offices, for example, are
abolished for whatever reason, understandably, many of the line
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION JTBCadaing I-3 November 11, 2014 11:50 a.m. 6
agencies will continue to function. But inevitably, there will be a
reorganization.
Now, what happens to those civil servants who fall through the
cracks as it were of the reorganization and what will happen to the civil
servants who have previously been employed by an agency which the
Bangsamoro parliament will subsequently abolish or completely
change? So anong mangyayari, iyong status nila?
Again, it is essentially the question of tenure then the guarantees
that are given to civil servants by the Civil Service Code. What will be
the status? For example, if a senior civil servant has their agency or
their organization, their entity abolished completely, it is possible
maybe not so manybut I think maybe one or two will be abolished
outright. So I think more than anything else is what the civil servants
would like to hear/jtbc
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION CBGealan II-3 November 11, 2014 12:00 p.m. 1
THE CHAIRMAN (SEN. MARCOS). ...what the civil servants
would like to hear is an assurance that the guarantees that are applied
to all civil servants, given to them by law, how will they apply to those
who have been dislocated by the reorganization. And then, of course,
also the question of assignment. If they are removed and they still
belong to the civil service, will they then be assigned somewhere else?
Lalo na iyong mga taga-rito na dito nakatira and they have made a life
here, will they have to move in that case? So perhaps we could get a
clarification on that.
Yes, Attorney Kinoc.
MR. KINOC. I am Datu Antonio Kinoc. I am a Blaan. I am not
a Muslim, Im not a Christian. So, Sister, you are assured that
discrimination, even in the MILF, does not exist. Ive been with Nur
Misuari from 1996 to 2000. I was never converted to Islam. I remain
a Blaan.
I have listed some of the issues that you have raised. First, you
asked, What do you mean by ascription or self-ascription? This is a
sociological term, if I am right. Self-ascription is what you call
yourself. If you are a Blaan, you call yourself Blaan. Ascription
by others is what others call you. The other will say, You are a
Bangsamoro. That is their ascription to you. But by yourself, you are
a Cebuano, if you are a Cebuano. So settle na tayo diyan.
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION CBGealan II-3 November 11, 2014 12:00 p.m. 2
I would only like to inform everybody what is the beauty of the
Bangsamoro government when it comes into play, as against the
Autonomous Region in Muslim Mindanao. First, our representation in
the legislative body. I was a staff in the RTC when we drafted what
later on became R.A. 6734. There was no stating there that the
indigenous people or the Christian settlers will be member of the
assembly. First, the IPs cannot win in the assembly because they have
no money. Second, even the Christians, they cannot win because they
are a minority in the Bangsamoro, in the Moro territory. But under the
Bangsamoro Basic Law, we are guaranteed two seats eachthe
women, the indigenous people and the settler communities or you may
refer as Christian settlers. So garantisado na iyon. So hindi
makasabi ang gobyerno na kayo hindi kayo bigyan ng right. Mayroon
mang tayong representation doon. Unless kung ilagay mo doon na
reserved seat member ay bobo, hindi siya marunong mag-argue. But
at least, our rights are represented. So iyon ang isa na kabutihan.
Tinanong mo bakit magkaroon tayo ng tribal university. Actually
this is just thinking aloud. Kasi iyong tribal university na-envision
namin kasi iyong mga Muslim mayroon silang madaris, may school sila
for themselves. So nasabi namin, iyong Christian naman mayroon
kayong Notre Dame, mayroon kayong western education. So kami
naman na indigenous people, gusto namin na iyong aming mga
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION CBGealan II-3 November 11, 2014 12:00 p.m. 3
katutubong kasama pag-aralan nila iyong kanilang kultura at
tradisyon. Kasi ngayon nawawala na iyon because of the modern,
western, disco type of civilization that were enjoying. Even among the
Muslims, nagkaproblema na sila kasi ata nawawala na. Kaya ibalik sila
sa kultura natin, so kaya maglagay tayo ng school. Tinawag nating
tribal university ito, pero mag-umpisa tayo sa maliit. So ito, in tandem
with the government at saka indigenous system.
Dito sa Tawi-Tawi, mayroon tayong mga indigenous na grupo,
iyong Sama Dilaut, hindi ba? We will attend to that. So sabi nila isa
sa problema iyon kasi daw paano mailagay iyong two seats? Mayroon
kaming proseso sa mga IP kung paano piliin iyon. We will select the
best among the IPs to sit in the legislative body. Ganoon din iyong
Christian settlers, mamili rin kayo kung sinong ilagay ninyo doon.
THE CHAIRMAN (SEN. MARCOS). Attorney, just to be clear,
so when the question is asked, the two reserved seats, each for non-
Moro indigenous communities and settler communities, it does not
necessarily refer to Christians?
MR. KINOC. Yes.
THE CHAIRMAN (SEN. MARCOS). That is not the meaning?
MR. KINOC. When we say settlers, we refer to the migrants,
because there are no Muslim migrants in Mindanao because the Muslim
communities in Mindanao are IPs by themselves.
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION CBGealan II-3 November 11, 2014 12:00 p.m. 4
In the universal declaration of indigenous people, there is no
religious affiliation. So all of us are IPs, if youll look at it. We have in
Mindanao the 35 indigenous tribes, and the 13 Islamized tribes. These
are all IPs. So wala na tayong dapat i-argue doon kasi iyong
Kristyano, I say Kristyano, iyong mga migrant settlers, they are
already protected with that two seats. Iyong mga kababaihan na
sinasabi ni Madam Amina, protektado iyon sila kasi may dalawang
babae doon. Minsan sa isang forum sinasabi ko nga protektado
kayong mga babae. Wala tayong argument doon. Iyong IP may
dalawa.
THE CHAIRMAN (SEN. MARCOS). So there are two for the
entire group of IPs, sa community settlers?
MR. KINOC. Yeah. For the entire Bangsamoro territory, two
settlers also will sit in the assembly, in the reserved seat.
Ito, I would like to explain to you the parameter of what will
happen
THE CHAIRMAN (SEN. MARCOS). Why two? Because there is
also a proposal that it be made more proportional so that the
parliament will be more of a proportional representation. So should it
not be proportional to the distribution between the Bangsamoro people
and the so-called settlers?
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION CBGealan II-3 November 11, 2014 12:00 p.m. 5
MR. KINOC. We start with two, because there are 60 seats in
the regular parliament. Im speaking here of the regular, as against
the transition authority na 50. Kaya I would like to correct the
impression kanina diyan sa report ni Madam na 15. No, 50 iyon. Fifty.
Five, zero. Iyon yung transition authority.
Now, anong hatian diyan? According to our transition and
modalities annex, that shall be MILF-lead. So in short, 50 percent plus
one for the MILF, 24 will be recommendation of government in the
transition.
Now we go to the election proper na. In the election proper in
2016 or somewhere there, ang arrangement is 10 percent reserved
seats, 40 percent for district seats and then 50 percent for proportional
representation. Ano iyong sinasabi ng proportional representation?
Maglagay tayo ng lahat, may Sama party, may Tausug party, kung
anu-ano pang ibang party diyan, then kakandidato as a whole, parang
party list.
THE CHAIRMAN (SEN. MARCOS). Parang party list, yes.
MR. KINOC. Oo. Ngayon iyong kabuuan ng boto mo,
halimbawa one million iyong boto ng entire Bangsamoro, if you get 20
percent, you are entitled to one, one seat. Ganoon iyon.
THE CHAIRMAN (SEN. MARCOS). So that is where the
proportionality comes in?
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION CBGealan II-3 November 11, 2014 12:00 p.m. 6
MR. KINOC. Yes, proportionality. The story behind this is we
want everybody to be a party kasi, sad to say, in some areas iyong
mga kandidato sa ano lang, poblacion lang, hindi nari-represent doon
sa ibang sector. So gusto natin maripresentahan lahat. So that is the
behind-the-scene history of this proportional representation.
Thank you.
THE CHAIRMAN (SEN. MARCOS). Thank you.
There are several other points that were raised. We can go back
to them, but Mr. Taup, the President of the Rotary Club of Tawi-Tawi,
would like to add some points, I think, to those that have already been
made.
Mr. Taup, please, go ahead.
MR. TAUP. Im a retired professor of the Mindanao State
University. As I was listening very carefully to the discussion on the
Lumad given special two seats in the parliament, why are they so
special that cannot also ascribe the legal entity of the Bangsamoro?
Why other people who may not even want to be includednamed as
Bangsamoro
THE CHAIRMAN (SEN. MARCOS). Im sorry, but our sound
system is being temperamental.
MR. TAUP. Why are they so special.../cbg
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa III-3 November 11, 2014 12:10 p.m. 1 MR. TAUP. Why are they so special? So special, that, in fact,
they are given a reserved seat just because they cannot ascribe to the
legal entity of the Bangsamoro. What could be the very reason?
THE CHAIRMAN (SEN. MARCOS). So that they are provided
representation within government because it is a very basic democratic
principle that all sectors be represented in government or should be given
a voice in government. And that is the general idea behind making sure
that even if they are not professional politicians who can run for office as
part of a party, as part of their group, the indigenous population that they
are or their tribe or their particular ethnicity is still represented in
government. If you will say why are they so special, they are not special.
They are just as special as everybody else because they are also being
given a representation in government like everybody else.
MR. TAUP. So what in the event that other ethnic group would
also opt
THE CHAIRMAN (SEN. MARCOS). Will also?
MR. TAUP. Opt not to accept the legal entity of Bangsamoro?
THE CHAIRMAN (SEN. MARCOS). I think the question of
inclusion or exclusion which, I think can get into next, the issue of
inclusion and exclusion has not to do with the ethnicity again but so long
as they are considered as indigenous peoples. If there are settlers
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa III-3 November 11, 2014 12:10 p.m. 2 coming in, then they can no longer be considered indigenous. They will
fall into another category.
Please correct me if I am wrong, I think that is the general idea.
MR. TAUP. Since it is already there, there must be mass education
on
THE CHAIRMAN (SEN. MARCOS). There must be?
MR. TAUP. Mass education so that people would understand
because it is not just this constituency. That would include the kids in the
elementary school, in high school that they would not even understand.
So I suggest that there must be mass education on the matter in the
same way as accepting, ascripting the term Bangsamoro with all the
historical prerogative implications. But we still can accept.
THE CHAIRMAN (SEN. MARCOS). So you are questioning also
the term Bangsamoro?
MR. TAUP. No. Since I see that there is no other way by which
we can accept other legal entity, then probably this can be accepted. But
massive education has to be done because this is not only for us. This
will include the small children, the elementary pupils. That there must be
a massive education on this matter for them to fully understand, because
whether they like it or not, they are part of the constituency of the
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa III-3 November 11, 2014 12:10 p.m. 3 Bangsamoro Basic Law. I dont know how far have we done with the
education.
THE CHAIRMAN (SEN. MARCOS). Well, some stakeholders have
studied this issue quite thoroughly and perhaps we could do better in
terms of the public perception and information on the Bangsamoro Basic
Law. But I am quite confident that those who are going to be making the
decisions in terms of the version of the law and the passage of the law
are well acquainted with the different provisions within the law. So that I
think is, at least for now, sufficient. We will have to, as I said, perhaps
do better in terms of dissemination to the general public and especially
those within the territory who will be involved in the actuations of the
Bangsamoro government.
Assemblyman Halipa, you would like to add something? Please you
have the floor, Assemblyman.
MR. HALIPA. [Greetings in Islam]
In the name of Allah, the most gracious, the most merciful.
We would like to welcome the Honorable Senator and, of course,
Maam Ferrer and the BTC and to our guests, my fellow public servants
and to the people of Tawi-Tawi.
Assalamu Alaikum Wa Rahmatullahi Taala Wa Barakat.
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa III-3 November 11, 2014 12:10 p.m. 4 I am not speaking here just as an assemblyman, but I am speaking
here as a stakeholder, especially of the people of Tawi-Tawi. Tawi-Tawi is
one of the most peaceful, if not the most peaceful province in the
Autonomous Region in Muslim Mindanao. In fact, we coined a word here
that in Tawi-Tawi, peace is the language of our hearts.
Now, there are actually six items that I would like to bring down
into this hearing, Honorable Chairman, but I will only dwell in two things
so that I could also give others the chance. One is the matter on the
provision in the Bangsamoro Basic Law that recognizes the promotion of
welfare. There is no specific provision in the Bangsamoro Basic Law that
recognizes the promotion of the welfare and protection of security of
tenure of regular employees. Under the proposed basic law, in Article
XVI, Section 9 thereof, there will be a gradual phasing out of offices of
the Autonomous Region which are deemed abolished upon the ratification
of the BBL.
Ang tanong po rito: Ano na po ang mangyayari sa ating mga
employees, 33,000 employees, especially our teachers who have done
extensive training and evaluation? Ano na po ang mangyayari sa kanila?
I have always been very articulate about the plight of our people in
Tawi-Tawi. In fact, tungkol nga sa GSIS, pinag-usapan ho namin noon sa
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa III-3 November 11, 2014 12:10 p.m. 5 other administration na hindi po nabayaran. Nagpapasalamat po sa
ngayon sa Eighth Assembly, nabayaran na po. Isang tanong po iyon.
Pangalawa po, the proposed BBL speak of creation of a Bangsamoro
Transition Authority which should assume office even before the
expiration of the terms of office of the present elected officials of the
Autonomous Region in Muslim Mindanao who were elected by the people
for a term of three years or until June 30 of 2016. This term of office
may not be