BBL IN SENATE | Public Hearing on BBL in Marawi City, Oct 23, 2014

Republic of the Philippines CONGRESS OF THE PHILIPPINES

S E N AT E Pasay City

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE

COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION

DATE : Thursday, October 23, 2014

TIME : 9:00 a.m.

VENUE : Provincial Capitol Marawi City, Lanao del Sur

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 Thursday, October 23, 2014 Page 2

GUESTS/ RESOURCE PERSONS:

Hon. Ansaruddin A. Adiong - Representative, 1st District Lanao del Sur

Hon. Mamintal Bombit Alonto Adiong Jr. Governor, Lanao del Sur Hon. Sultan Arsad RPK Marohombsar Vice Governor, Province of

Lanao del Sur Atty. Mohammad Al-Amin Julkipli - Government of the Philippines

Peace Panel, Office of the Presidential Adviser on the Peace Process (OPAPP)

Hon. Lampa I. Pandi - Mayor, Municipality of Poona Bayadao, President, Mayors League of Lanao del Sur

Mr. Amenodin Sumagayan - Former Mayor, Municipality of Taraka, Lanao del Sur

Hon. Raysalam M. Mangondato - Mayor, Municipality of Balindong Lanao de Sur

Mr. Jamil Lucman - Former Assemblyman, Lanao del Sur

Mr. Dalidig A. Sumdad - Chief Legal Counsel, Moro National Liberation Front (MNLF)

Hon. Amerto D. Pangandaman - Director, Marawi State University (MSU) System

Dr. Mara S. Macarambon - Department of Health, MSU Marawi City

Datu Abul Khayr Alonto - Chairman, Moro National Liberation Front

Mr. Said M. Sheik - Bangsamoro Transition Commission (BTC)

Atty. Lanang T. Ali Jr. - Legal Counsel, BTC Mr. Talib A. Benito - BTC Mr. Samanoding D. Sansarona - Chairman, Light of Islamic Faith

Education, Incorporated Mr. Hassanor M. Alapa - President, Al Insan Islamic

Assembly of the Philippines Sultan Monsing Macabando - Chairman of the Board of

Directors, Confederation of the Royal Sultanate of Lanao

Datu Musa Sultan - Ranao Confederation for Peace Mr. Ahmad E. Alonto Jr. - Religious Sector

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Mr. Drieza A. Lininding - Youth Sector, Icare for Bangsamoro Movement

Mr. Nasib Yasin - Provincial Comelec Supervisor Lanao del Sur

Mr. Abo Hayyan Malomalo - SAKSI Islamic Radio Forum Mr. Ayobkhan B. Saripada - SAKSI Islamic Radio Forum Ms. Yana Garcia-Abbas - Bureau Chief, Kutang Bato Star Mr. Sonny Dipatuan Sr. - Department of Trade and Industry

Autonomous Region in Muslim Mindanao, Lanao del Sur

SENATORS STAFF

Atty. Luzviminda Lavarias - O/S Marcos Atty. Jose Cadiz Jr. - O/S Marcos Ms. Arifah Jamil - O/S Marcos Ms. Shiela Mae Enriquez - O/S Marcos Mr. Gene Angelo Ferrer - O/S Marcos Ms. Gloria Ildefonzo - O/S Marcos Ms. Victoria Ching - O/S Marcos Ms. Agnes Frogoso - O/S Marcos Mr. Julius Palamos - O/S Marcos Mr. Ben Ranque - O/S Pimentel

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

Mr. Guillermo E. Sapinoso Jr. - Committee Stenographer Ms. Carolina F. Driz - Committee Stenographer Ms. Susana Grace L. Robles - Committee Stenographer Ms. Maribel P. Mendoza - Committee Stenographer Ms. Pilar E. Gutierrez - Committee Stenographer Ms. Mylene R. Palino - Assisting Staff, LCSS A Mr. Daniel D. Diamzon - Assisting Staff, LCSS A Mr. Jimmy R. Gaviola - Assisting Staff, LCSS A

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Mr. Oscar Rugayan - Legislative Page Mr. Christina John Tentia - Legislative Page Mr. Prudencio V. Gerardino II - OSAA-SSS Mr. Nelson B. Dimayuga - OSAA-SES

(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 GESapinoso I-1 October 23, 2014 10:37 a.m. 1

AT 10:37 A.M., HON. FERDINAND R. MARCOS JR., CHAIRMAN OF THE COMMITTEE ON LOCAL GOVERNMENT, CALLED THE HEARING TO ORDER.

THE CHAIRMAN (SEN. MARCOS). Ladies and gentlemen,

good morning.

The hearing of the Committee on Local Government together

with the Committee on Peace, Unification and Reconciliation of October

23, 2014 is hereby called to order.

The agenda for today is 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.

For the information of everyone here today, this is a continuation

of the hearings that these Committees are conducting. The first

hearing was conducted in Cotabato City and this is the second hearing

now in Marawi City with resource persons from the area.

So I would like first of all to make, again, more or less the same

statement that I made in Cotabato City, and that we are here to make

surethe reason that we have these hearings is to examine the

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different issues and the different positions of all of the stakeholders in

the Bangsamoro Basic Law. I believe, as far as I can tell, that

everybody, not only in the affected areas of Bangsamoro but also all of

the Republic of the Philippines, are looking to us to put together a

good law that will finally succeed in bringing peace, a lasting peace, to

Muslim Mindanao. This is our hope, this is our prayer and this is the

work that we have before us. [Applause]

So with that in mind, I have a list of the resource speakers who

are here today. First of all, I would like to acknowledge for the record,

from the Presidential Adviser on the Peace Process Office, the

representative is Atty. Mohammad Al-Amin Julkipli, hello again, good

morning; from the Bangsamoro Transition Commission, Commissioner

Saed Sheik, Commissioner Talib Benito, Atty. Lanang Ali Jr.; the

chairman of the Moro National Liberation Front, Ambassador Datu Abul

Khayr Alonto; the representative of the 1st District of Lanao del Sur,

Representative Ansaruddin A. Adiong; from the province of Lanao del

Sur, Governor Mamintal Bombit Alonto Adiong Jr.; vice governor of

the Province of Lanao del Sur, Vice Governor Sultan Arsad RPK

Marohombsar; Municipality of Poona Bayadao, president of the Mayors

League of Lanao del Sur, Mayor Lampa Pandi; the municipality of

Taraka, Province of Lanao del Sur, the former mayor, Atty. Amenodin

Sumagayan; Municipality of Balindong, Mayor Raysalam Mangondato;

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Municipality of Pualas, Province of Lanao del Sur, represented by the

former Assemblyman Jamil Lucman; from the MSU System, Director

Amer D. Pangandaman; from the religious sector, Dr. Ahmad E. Alonto

Jr.; from the youth sector, Drieza Lininding.

These are the resource speakers from whom we will be hearing

from today. The usual procedure that we have is to go around. Since

we have many speakers here today, I would justin the interest of

good ordergo down the list of our representatives here to present

their positions and their ideas and views on the proposed Bangsamoro

Basic Law as it has been written and it has has been presented to

Congress.

So to get started, we would like to first hear from the chairman

of the MNLF, Ambassador Datu Abul Khayr Alonto to present the

position of the MNLF.

So Ambassador, Your Excellency, if you would proceed.

[Applause]

MR. K. ALONTO. Alhamdulillah rabbil alamin.

Let me avail the opportunity, Mr. Chairman, to express our

sincerest thanks for this opportunity. It is a great pleasure, Mr.

Chairman, that the leadership of the Moro National Liberation Front,

the senior central committee members are here with us today, and the

chairmen of the various districts, command and state revolutionary

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commands. Once again, coming out in support of a successful,

stronger, strengthened Bangsamoro government in Muslim Mindanao.

[Applause]

This is a rendezvous with history, the Honorable Chairman,

rendezvous in history to correct the wrong that has been committed

against the Bangsamoro people, in the words of Ambassador

Ricciardone of the United States, the former chief of mission of the

U.S. to the Philippines, that history has been cruel to the Bangsamoro

people.

Mr. Chairman, I dont want to take much of your time as the

Moro National Liberation Front, the legal panel and our legal

consultants are addressing this problem right now, trying to

consolidate and reconcile the positions taken in this BBL. And we will

be coming in due time to be submitted to your committee.

Nevertheless, I hope I can capsulize in five minutes, as I was told,

what we wanted to say here. To capsulize the 497 years when in

1521, when Magellan was killed by Lapu-Lapu in Mactan, the great

divide has been built between our two communities. Mr. Chairman,

this is the longest running peace negotiation. It is our hope and our

wish that in the spirit of the Tripoli Agreement of 1976, anchored on

the Resolution No. 18 of the 1974 summit of heads of states of the

members of the Organization of Islamic Cooperation in Malaysia that

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gives birth to the RP-MNLF Tripoli Agreement, the 1996 agreement. It

is our wish that this move, the creation, the crafting of the

Bangsamoro Basic Law is not to diminish/jun

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION CFDriz II-1 October 23, 2014 10:47 a.m. 1

MR. K. ALONTO. is not to diminish but to strengthen this

Bangsamoro government in Muslim Mindanao that what has been

devolved to the autonomous government, the laws and the powers

devolved by the central government, must be retained in this BBL.

[Applause]

Mr. Chairman, this humble representation in 1976 brought the

manifesto of the Ansar Al-Islam supported by the combatants, the true

fighters, the Mujahideens of Mindanao spearheaded by the Moro

National Liberation Front the position of the Bangsamoro people

supporting the Ansarul Islam manifesto issued, chaired by then

Senator We brought it to Malaysia on time and it was submitted to

the OIC and that leads to the Tripoli Agreement that we were

supporting, that compelled also the previous government, the

government of the late President Ferdinand Marcos, the father of the

Honorable Chairman, to negotiate the good leadership of southern

Philippines, including the Moro National Liberation Front, for the

creation of an autonomous region in Muslim Mindanao.

Again, unfortunately, the chairman of the MNLF did not come.

We were able to establish the regional autonomous government in the

ARMM. After the establishment, three months after, this humble

representation resigned because we wanted a stronger Bangsamoro

governmentresigned as the interim head of the autonomous

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government. But we worked it out and we pursued our effort which

was geared towards having a meaningful, substantive autonomy in the

spirit of the Tripoli Agreement.

Mr. Chairman, many waters have passed under the bridge.

Corazon Aquino was elected president, the icon of democracy. Again,

they compelled Nur Misuarithis humble representation brought back,

compelled Nur Misuari to return back to the Philippines. Unfortunately,

Mr. Chairman, quoting the words of former vice president, the late

Emmanuel Pelaez, that he said, Im mandated by the President in this

negotiation to retain the 10 provinces, including the three provinces to

be subjected to a plebiscite in this negotiation, as you were able to

work it out in the previous government. But unfortunately, Mr.

Misuari cancelled the negotiation in Manila and moved to Jeddah and

claimed, insisting on having the entire Mindanao area, including

Palawan, Sulu, Tawi-Tawi. Again, we compelled him to return back.

And in fairness to President Fidel V. Ramos, in 1996 was worked out.

We prepared the ground for that, Mr. Chairman.

Now, we are here, and we hope that this BBL, the law in your

hands and in the hands of the members of your Committee and the

Lower House, the Ad Hoc Committee. In your hands now, Mr.

Chairman, is not only the future of the Bangsamoro government in

Muslim Mindanao, sustaining it, strengthening it and enhancing it,

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neither the future alone of the Bangsamoro people. In the hands of

Congress right now is the future of this country if we want to keep this

country united, not fragmented.

Mr. Chairman, just a couple of days back, a public citation came

out, allaying the fear that if this BBL will not be enacted, there will be

war. Quoting the undersecretary of the National Security Council, the

MILF, the MNLF, the BBL will join forces as the MNLF has said also,

they fear that they were taken out in this peace process.

Mr. Chairman, we want to assure that Filipino people, through

the Congress of the Philippines, particularly the Committee of the good

Senator and the Ad Hoc Committee of the Lower House headed by my

compadre and brother and a cousin, Congressman Rufus Rodriguez,

that the Moro National Liberation Front came out without reservations

whatsoever in support of the comprehensive agreement on the

Bangsamoro. Likewise, the leadership of the Moro National Liberation

Front which this humble representation accepted on the premise that

this leadership will be anchored, that we will pursue the inalienable,

inherent right of our people, the Bangsamoro people, for self-

determination in a non-violent, peaceful, democratic process. There

will be no war and their fear that if this BBL will not work, according to

the undersecretary of the National Security Council of this

administration, there will be war. There will be no war because we

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION CFDriz II-1 October 23, 2014 10:47 a.m. 4 declareand we declare it once again today that we ask our people

we ask the Filipino people at least even for a fleeting moment, Mr.

Chairman, to put themselves in the shoes of the Bangsamoro people

that have suffered for the last 497 years preserving their heritage,

their tradition, their sovereignty and freedom as a people. I think that

what they are asking from the Philippine Congress to be implemented

and to be crafted is not only for the Bangsamoro people but for

themselves because the congressmen and the senators representing

their regions eventually will be asking the same.

Mr. Chairman, what I want to emphasize here is that let us craft

an honest to goodness Bangsamoro Basic Law that will be responsive

to the needs and requirements of the region. [Applause]

What we will be asking here, Mr. Chairman, might be the same

that the solid north, the Ilocandia will be asking from the Philippine

Congress because if we succeed, Mr. Chairman, if we can have a

stronger, more meaningful Bangsamoro Basic Law will pave the way

for the irreversible development in this country which is the future of

this countrythe adoption of the federal parliamentary form of

government because it is only in that system, Mr. Chairman, that we

can keep the country together. It is only in that system where there

will be less contradictions because the Bangsamoro government in

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Muslim Mindanao will be sovereign in its own domain and the federal

government will also be sovereign in its own domain. [Applause]

And I look forward and pray that in our lifetime, Mr. Chairman, in

your lifetime that we can correct the wrong, that the federal form of

government, based on the establishment of a stronger Bangsamoro

government in Muslim Mindanao, will open the door, the future to the

Filipino people.

It is my wish again, Mr. Chairman, sharing the sentiments with

our people who have suffered. This is the voice, Mr. Chairman, of the

orphans and the widows which to date, 182,000 of our people perished

in this struggle. Let us put meaning to their death and the death of

those innocent soldiers who come not from the elite of Makati but the

soldiers who were recruited simply because they cannot find jobs and

they joined the Armed Forces. Let us spare them from another war.

We will have no war because, Mr. Chairman, if this BBL will not

workcfd

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Sglrobles III-1 October 23, 2014 10:57 a.m. 1

MR. K. ALONTO. will not work that can open the

federalization of the Philippines, we can pursue and we will pursue our

inalienable inherent right to self-determination not through the barrel

of a gun.

And this I appeal to our brothers in the Moro Islamic Liberation

Front, let us not talk about war. To the freedom fighters, let us not

talk about war. To the Bangsamoro people, there will be no more war

because if there be another war, the collateral damage will be the

future of our children and the future of the Bangsamoro people and the

future of this country. We will do it through peaceful means,

nonviolent, democratic and perhaps in the end we have to adopt the

Malaysia, Singapore formula where grudgingly, reluctantly the

partyless(?) that are now the leaders of development and peace in the

organization of the ASEAN and it is not far, it is not remote, Mr.

Chairman. If this is our destiny perhaps in Gods divine guidance,

Mindanao and the Philippines can also be a leader in the ASEAN.

Mr. Chairman, I am thanking you for this opportunity and these

497 years of our history cannot be capsulized in five minutes but,

nevertheless, I am at your disposal, Mr. Chairman and the members of

the Committee. And I am at the disposal of our brothers and sisters if

there be any query they want to ask because this is our destiny and

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Sglrobles III-1 October 23, 2014 10:57 a.m. 2 our destiny we had to trust Allah Allah because in him, in him only

that we can seek help to open the hearts and minds of our people, not

the Bangsamoro people but our brethren of the South, our brethren of

the North that we share common heritage, common grace and

common destiny. Wa Salaam wa alaikum warahmatolahi wa barakatu.

Thank you, Mr. Chairman.

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

Excellency.

And the Committees certainly welcome the assurances of Your

Excellency that the further pursuance of any peace negotiations or any

agreements between the Bangsamoro people and the Republic of the

Philippines will be pursued under the umbrella of peace. Also we take

note of the comments that you have made in support of the federal

form of government as it has been brought up before in other

discussions not only in this Committee but in other discussions

concerning the Bangsamoro Basic Law, that this might be the

beginnings of the adoption by the republic of a federal form of

government not only here in Bangsamoro but also around the country.

[Applause]

Now, it is a discussion which has begun because of the

examination of the Bangsamoro Basic Law that has been passed on to

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Sglrobles III-1 October 23, 2014 10:57 a.m. 3 Congress by the President.

So I believe, Mr. Ambassador, that we would like to hearI

would happily lift the five-minute limit when it comes to your

comments and if there are any more details about the specifics of the

Bangsamoro Law that you would like to take up or to put on the record

for the Committees, then we would certainly welcome them.

Mr. Ambassador, would there be more that you would like to talk

about, perhaps specifics, some specifics on what your positions are or

comments or insights into the law itself?

MR. K. ALONTO. Mr. Chairman, Thank you.

And I believe, Your Honor, there are other resource speakers

that will be addressing these other problems but what we wanted, Mr.

Chairman, at this early stage, from day one, we have to speed it out.

Without malice intended, Mr. Chairman, not to undermine the

leadership of the leaders that will be taking over the leadership of the

transition commission that we do not trust them.

No, Mr. Chairman.

Democracy in Islam is simply the rule of law. And since it is the

rule of law, we want it, Mr. Chairman, that on the spirit of equal

sharing, referring to the fossils, the natural resources that we have in

the region, the strategic minerals, Mr. Chairman, we want to express

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our satisfaction on this equal sharing provided, Mr. Chairman, that the

revenues that will be generated from the exploration of oil, natural gas

or uranium as well as the strategic minerals that include the precious

metals must be programmed solely by the parliament to be

implemented by the Bangsamoro government in Muslim Minadanao

solely to promote, Mr. Chairman, free education for the Bangsamoro

people. For more than 40 years I... [speaking in the dialect]

Second, Mr. Chairman.

THE CHAIRMAN (SEN. MARCOS). Bago iyan. Maganda iyan.

MR. K. ALONTO. Second item, Mr. Chairman, that this

revenue will include also to promote free medical care for the

Bangsamoro.

Mr. Chairman, our fear is that if this cannot be attended well, it...

of the National Economic Development Authority the improvement of

the healthcare in the Philippines. The average expectancy of life of an

average Filipino is 68 years old. But for the Bangsamoro people the

average expectancy is only 52 years old, Mr. Chairman, because of

poor health programs in the Bangsamoro people being the poorest

region in the country. So free medical care for the Bangsamoro

people. Libre [speaking in dialect] Bangsamoro. [Applause]

And third, Mr. Chairman, the revenues also should be partly used

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to promote affordable housing shelter for the Bangsamoro [speaking

in the dialect] [Applause]

And, Mr. Chairman, our territory in the Lanao Region, per

chance, if you have to visit the technocrats, they say that it might take

some time before it can discover oil in our own land here. But what

propelled, Mr. Chairman, the development not only of Mindanao but

the Philippines, is the Lake Lanao, Mr. Chairman, the Agus system that

provides, at one point in time, hundred percent of electrical power

requirements of the region.

THE CHAIRMAN (SEN. MARCOS). Correct.

MR. K. ALONTO. We were so happy, Mr. Chairman, that with

the crafting of the BBL, that it will be put under our control because in

their ARMM, it is only the region where it was spelled out that the lakes

and the rivers will be of national concern. But now, it will be the

concern of the Bangsamoro Muslim government and the Bangsamoro

people. [Applause]

Our brothers and sisters are clapping here. [speaking in the

dialect] But we cannot avail of the opportunities of our lake, God

given lake, for the benefit of the Bangsamoro people. Because under

this BBL, Mr. Chairman, all those connected with the national grid will

now be put under the control and supervision of the Bangsamoro

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government in Muslim Mindanao.

In short, Mr. Chairman/sglr

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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION MPMENDOZA IV-1 October 23, 2014 11:07 a.m. 1

MR. K. ALONTO. In short, Mr. Chairman, the Agus system

will still remain a national concern and we cannot do anything about it,

not unless we put up our own power.

So on this, Mr. Chairman, we look forward that your good

Committee in crafting this law, a correction must be made because it

is our hope that the funds that will bethe revenues that will come in

from this Agus system and then give it to the autonomous

government for their supervision and control will be more than

enough, Mr. Chairman, to develop the two provinces and the nearby

provinces of Lanao Del Sur.

And lastly, Mr. Chairman, again, under the law in this BBL being

drafted, they limited the participation of the Bangsamoro people in our

national affair and in the bureaucracy of our national government.

Including the quasi-government corporation, Mr. Chairman, they

will only allow our representation and we are involved in any project

or any development programs for the Bangsamoro. But in the spirit of

the Tripoli Agreement, Mr. Chairman, as spelled out, which our late

President Ferdinand Marcos responded and accepted, Mr. Chairman, in

the creation of the autonomous government forwarding it and

strengthening it in implementing the Muslim Affairs which this humble

representation lobbied for its creation in the Office of the President

where we have now the Commission of Filipinos.

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Mr. Chairman, they are limiting it but in the spirit of the Tripoli

Agreement, the Bangsamoro people means the Muslims in this country

will be represented in all the organs of the state including the judiciary

and including the quasi-government-owned corporations of the

government.

In short, Mr. Chairman, if we will look at the BBL, they have

limited the participation of the Bangsamoro people.

Once again, Mr. Chairman, I thank you.

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

Ambassador.

Just to be very clear, your proposal is that the share of the

national wealth of the Bangsamoro will be applied specifically to

education, to healthcare and to shelter and housing.

Furthermore, you would like to strengthen or adopt some of the

provisions in the Tripoli Agreement which state that the representation

of the Bangsamoro will be included in all the organs or all the agencies

of government and that is something that you would like to add.

MR. K. ALONTO. Yes, Mr. Chairman.

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

As we all know that it was the Tripoli Agreement that was the

first to recognize and to institutionalize that recognition that there is a

difference in culture, a difference in history, a difference in law and

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certainly in religion of the Bangsamoro and that is why that

recognition isfrom that recognition flows the issue of self-

determination by the Bangsamoro. And if I am to interpret your

comments correctly, Mr. Chairman, that these are the elements that

you would like to strengthen in the basic law that we are presented

with here today.

MR. K. ALONTO. Yes, Mr. Chairman.

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

You are clearly a fine representative of your people and of your

organization. As we can see, the Chairman has mentioned the basic

services of government be strengthened for his own people and that I

commend you as that is the true sign of a good public servant.

[Applause]

Well, thank you, Mr. AmbassadorAmbassador Alonto, the

Chairman of the MNLF.

I would like now to go to our next resource person. We would

like to now move to the governor of the province of Lanao Del Sur,

Governor Mamintal Alonto Adiong Jr.

MR. M. ADIONG. Thank you very much, sir.

THE CHAIRMAN (SEN. MARCOS). Your position, please.

MR. M. ADIONG. [speaking in the dialect] To all the local

provincial and regional officials who are in attendance in todays joint

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public hearing, our MILF and MNLF brothers and sisters, the

Committee on Local Government and Peace, Unification and

Reconciliation headed by the distinguished chairman, the Honorable

Senator Ferdinand Marcos Jr., friends, ladies and gentlemen, assalamu

alaikum wa rahmatulahi wa barakatuh.

I do not have much to say except declare that I trust the office

of his Excellency President Benigno Simeon Aquino III in making

things happen for the Bangsamoro government in Muslim Mindanao as

House Bill No. 4994 is now being deliberated in Congress and we look

forward, Mr. Chairman, to the passage and enactment of the

Bangsamoro Basic Law at the Senate.

Allow me to convey our heartfelt gratitude to the Honorable

Ferdinand Marcos Jr. for making the good people of Lanao Del Sur

part of this significant political paradigm shift on local government.

Thank you very much. Assalamu alaikum wa rahmatulahi wa

barakatuh.

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

For the record, I would just like to make note of the fact that the

governor has presented the Committee with the position paper in

which some of his more detailed comments are incorporated and this

will be made part of the record of the Committee.

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Before we proceed, I would just like to acknowledge the arrival

of Datu Musa Sultan of the Lanao Confederation for Peace and

Engineer Abu Hayyan Malomalo of SAKSI Radio Forum Incorporated.

At this point, I would like to now turn to the representative of

the 1st District of Lanao Del Sur, Representative Ansaruddin Adiong.

Congressman, if you would, please proceed.

REP. ADIONG. [speaking in the dialect] assalamu alaikum

wa rahmatulahi wa barakatuh. I would like to extend my very warm

welcome to the Honorable Senator Ferdinand Bongbong Romualdez

Marcos Jr., Chairman of the Committee on Local Government, to all

honored guests and resource persons from various government

agencies and to all our constituents present here today to discuss

about this important historic bill, the Bangsamoro Basic Law.

My fellow men, brothers and sisters, we are here today to create

a meaningful dialogue and make certain our long aspired peace will be

realized through the Bangsamoro Basic Law.

The armed conflicts have resulted in the loss of more than a

hundred thousand Filipinos, most of them were civilians. The effects

of these decades of fighting have been devastating and long lasting

which caused massive displacement of families.

However, ladies and gentlemen, we are now very close in

making history to finally reach a peaceful resolution to the conflict that

25


adversely affected the development of this nation and attain what has

been elusive for the past several decades and a long thought to be an

impossibility peace in Mindanao.

The Bangsamoro Basic Law will pave the way for the

establishment of the Bangsamoro entity. The name Bangsamoro itself

honors our religion and culture, honors the remarkable achievement of

our ancestors and acknowledges our identity as Muslim Filipinos.

The Bangsamoro government will bring about harmony and

progress, not only for the Bangsamoro people but for all Filipinos. It

will bring about freedom from poverty and debt for the people of

Mindanao.

However, this is not an easy task. It will test just how strong

our resolve is and how determined we are to examine all the

provisions of this bill. This is why I am very delighted to see everyone

here committed in achieving our goal which can contribute a genuine

transformation that has potentially various benefits for the people of

Mindanao and for the Filipino people.

Let us all make history happen and experience the fruits of this

historical legislation.

[speaking in the dialect] assalamu alaikum/mpm

26

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION PEGutierrez V-1 October 23, 2014 11:17 a.m. 1

REP. ADIONG. Assalamu alaikum wa rahmatullahi wa

barakatuh. [Applause]

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

Congressman Adiong.

Just also for the record, I would like to acknowledge the

presence ofI will not go down the list, but all the mayors of Province

of Lanao Del Sur who are here with us today and again the League of

Municipalities of Lanao Del Sur have also presented a position paper

which include a more detailed examination of the proposed

Bangsamoro Basic Law. I would like to add that included in the

position paper, adopting the position of the League of Municipalities of

Lanao Del Sur are also the board members of the Sangguniang

Panlalawigan of Lanao Del Sur. At this point having mentioned or

brought up that the League of Municipalities of Lanao Del Sur have

given us a position, I would like to ask their president, Mayor Pandi, to

perhaps give us an overview and inasmuch detail as you care to give it

to the Committee an overview of the position as you have presented it

in your position paper to the Committee. For the record, please,

Mayor Pandi.

MR. PANDI. Audhu billahin min ash-shaytan rajeem

bismillah ir-rahman ir-raheem. Assalamu alaikum wa rahmatullahi wa

barakatuh.

27


Before anything else, allow me please to welcome the good

Senator, Senator Ferdinand Romualdez Marcos Jr., to the Province of

Lanao Del Sur.

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

MR. PANDI. Thank you very much, sir, for coming over and of

diligently performing your mandate as chairman of the Committee on

Local Government. Hopefully we can thank you more if after the final

draft or final form of the Bangsamoro Basic Law will be approved and

will truly represent the consensus of the entire Bangsamoro people.

Before I present the stand of the League of Municipalities of the

Philippines, allow me please to say my piece and my personal belief as

a Maranaw, as a Moslem and the mayor of the municipality of Poona,

Bayabao.

My belief is that the Bangsamoro government as contained in the

comprehensive agreement of Bangsamoro and this Bangsamoro Basic

Law is thus far the best peace package the government has offered in

terms of our quest for peace and in terms of our fight for self-

determination. It is in this context I am personally committed to

support this current agreement including this Bangsamoro Basic Law.

However, since we are here gathered to hear the sentiments of every

sector and every individual Bangsamoro constituent we all must feel

free to express our respective views if only to find the best ideas that

28


shall be enshrined in the proposed Bangsamoro bill. This is the only

way that this we can probably come up with a fundamental law that

will ensure the achievement of our aspirations and ensure that what

we will adopt now can withstand the test of time so that the

Bangsamoro Basic Law we are curving now will be the Bangsamoro

Basic Law in the very far future.

Ladies and gentlemen, I believe that if we shall compare or make

an analogy of the Bangsamoro Basic Law with a comb and a scissor, I

prefer the Bangsamoro Basic Law to be compared with a scissor. It

must be used to straighten of what is probably curved; it must be used

to fix what is probably damaged; and it must be used to organize what

is probably disorganized; and finally it must be used to strengthen

what is probably weak. With this, we can probably use the

Bangsamoro Basic Law as an instrument for lasting peace and

development in the Bangsamoro land.

On the manifesto of the League of Municipalities of the

Philippines, Lanao Del Sur Chapter, let me just read a part of the

position paper, Mr. Chairman.

Representing the 39 members of the League of Municipalities,

Lanao Del Sur Chapter, we the undersigned officers and board of

directors hereby reiterate our commitment of support to the peace

process and most specifically of the Bangsamoro Basic Law. We

29


reiterate our support to seek the widest sectoral support and deepest

public understanding of the proposed Bangsamoro Basic Law in the

hope of gaining not only its prompt approval and ratification but also of

ensuring its smooth and effective implementation. It is on this

premise that we would like to manifest our views and concerns so that

Congress may be able to address certain provisions of the proposed

law before it is brought to the public for ratification.

Briefly, Mr. Chairman, let me just point out two important views

that we feel must be addressed by the Committee.

The first is on the ARMM employees and elected officials. The

security of tenure and the three years term of office for elected officials

must be given due consideration to address the issue of

disenfranchisement and job displacement. We do not want to dictate

or suggest any idea on how to address this but our request is to at

least for us to consider the plight of these affected sectors of the

Bangsamoro constituents.

The other issue, Mr. Chairman, is on the redistricting. We make

a stand on this because history would tell us that the hottest or the

most violent elections in Muslim areas, including Lanao Del Sur, is the

barangay elections.

THE CHAIRMAN (SEN. MARCOS). Mayor, I think not only in

Lanao Del Sur, I think all around the country that is certainly the case.

30


MR. PANDI. The reason for this, Mr. Chairman, is we are

electing one official in a very small geographic area. So under the

proposed bill, it was proposed that a cluster of six to eight

municipalities will be electing one assemblyman and we have

apprehensions on this, Mr. Chairman, because as we feel this will be

more divisive, more expensive, more violent and more

counterproductive compared to the present setup of electing a number

of assemblyman over the congressional district of about 18 to 22

municipalities. Those are the two main views, Mr. Chairman, that we

wanted to be raised for the Committee to consider and probably

ensure that there will be due consideration.

Thank you very much.

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

I would just like to inform you and your league and all of those

that are here is that these points have been brought up before. These

are points of concern that have been brought up in our first hearing

and have been brought up in other discussions outside of the

Committee. And I think that just for the information of all those who

are attending here today, I would like to turn once again as we did in

Cotabato to the OPAPP/peg

31


THE CHAIRMAN (SEN. MARCOS). to the OPAPP as they

were represented by Atty. Mohammed Al-Amin Julkipli to answer.

There are two main points here. The very first one is again on the

redistricting because there is a confusion as to how do we handle the

parliamentary districts and how that relationship will be vis--vis the

congressional districts of the House of Representatives.

So, Atty. Julkipli, maybe the comments that you made in

Cotabato, perhaps you could repeat them for the enlightenment of

those that are here today.

MR. JULKIPLI. Mr. Chair, good morning and good morning to

everyone in this auditorium.

As regards the issue on redistricting, it has already been raised

that there are concerns with respect to the adoption of the single

member representation as written in this proposed bill. But aside from

that, there is also a concern with respect to the actual constitution of

the proposed parliamentary districts as we have in the appendix to this

draft BBL. But briefly, before I discuss that matter, Id like to point

out, as requested by the good chairman, to make some clarification

with respect to congressional district vis--vis parliamentary districts.

In this proposed BBL, ladies and gentlemen, and for the

information of the body, the congressional districts as created and

mandated by the Constitution for purposes of representation to the

32


House of Representatives will not be touched. It will be sustained and

it will continue to exist. Therefore, iyon pong representatives natin na

ini-elect sa ating House of Representatives will still be there and the

district constitution of, for example, Lanao del Sur, as District 1 and

District 2, will not be touched. That will continue to exist. Ang

ginagawa natin po dito, with respect to parliamentary district, is to

apportion a different political boundary called parliamentary districts

and this is for the purpose of determining or ascertaining

representation to the parliament naman, to the Bangsamoro

Parliament.

So there has been suggestions made before that instead of

drawing new borders for these parliamentary districts, we could

actually use the present format of the congressional districts that we

have and that is as of now an open suggestion. So the status quo of

the appendix where we have the proposed no districting like the entire

BBL for now is also a proposal. And we are still open to study further

the apportioning of these districts so that we can achieve the ultimate

purposerepresentation. So that in the Bangsamoro Parliament,

there will be true representation of the different peoples in the

Bangsamoro territory.

So just to recapitulate, when we say po parliamentary district,

that is different from the congressional district. In this BBL, because

33


we are adopting a parliamentary system, there will be district seats

and these districts are called parliamentary districts. In this

proposed BBL, we attached an appendix containing a proposal on how

the districting for parliamentary representation would be. And we take

and consider all the suggestions and concerns that we are hearing

about the appendix right now and we are open to further studying the

district configuration for the Parliament of the Bangsamoro.

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

Just also for the benefit of those who are unable to follow the

Cotabato hearings, is that there were also suggestions made that

instead of redrawing political boundaries that we follow, for example,

the formula with ARMM where you have in one district three

representatives to the parliament. That is another suggestion.

I would just like to ask Atty. Julkipli, would this be acceptable

within the framework agreement that was signed between the Republic

of the Philippines and all the other stakeholders, most notably the

MILF?

MR. JULKIPLI. Mr. Chair, as of this moment, our guidance

from the agreements with respect to the parliamentary district and the

district representation and the would-be parliament is the reflection of

the different constituencies and how we ascertain that reflection is still

34


up for determination. So I think, Mr. Chair, if we do adopt those

suggestions, that would still be in line with the signed agreements.

THE CHAIRMAN (SEN. MARCOS). So we have some space as

to the amendments or new formula that we might care to adopt not

necessarily again. Again, I believe that the confusion, if there is such,

arises from the redrawing of the district boundaries and having, for

example, a municipality that is in a certain congressional district but is

separated in the parliamentary district. And that is why there have

been suggestions as three joint members of parliament from each

congressional district. The other suggestion has been to divide the

congressional district into three parliamentary districts. This is

another proposal that has been made. And so this is certainly going to

be examined but we are going to do that with respect to the

membership of the parliamentary as it is laid out in the framework

agreement that has been signed between the parties.

And now, can we move on to the second point that Mayor Pandi

brought up which is the Bangsamoro Election Office? And that the

position of the League of Municipalities of Lanao del Sur is that we

continue to conduct elections under the Comelec as opposed to having

a separate election office.

Do I read your position correctly, Mayor Pandi? Yes.

35


So that is, again, the concern that has been raised now by the

mayor as representing the province, I suppose, because we have

included here all the mayors of Lanao del Sur and the members of the

provincial board.

So Atty. Julkiplli, first, in principle, what would be the reaction of

OPAPP to that suggestion? And, secondly, would it fall within still the

framework agreement, in the form that it was signed by the parties?

MR. JULKIPLI. Mr. Chair, very briefly, in response to that

particular issue, we would like to direct the attention of the mayor and

also of the group present today to a provision in our proposed BBL

which already says that although we propose to establish a

Bangsamoro Electoral Office, this will be part of the Commission on

Elections.

So, maybe, this is also the right opportunity to be able to clarify

that, that this Bangsamoro Electoral Office is actually part and parcel

po of the Comelec. And therefore, the administration of election laws

would still conform to the constitutional requirement that it shall be

this body called the Comelec who shall administer all election laws in

the country. We are creating here a specialized office under the

Comelec and this is part of the Comelec called the Bangsamoro

Electoral Office.

36


THE CHAIRMAN (SEN. MARCOS). I think this situation has

actually already arisen here in Lanao del Sur where the fourth district

which included the town of Masiu which in fact formerly belong to the

first district. So you have one town that belongs to one congressional

district/jun

37


THE CHAIRMAN (SEN. MARCOS). that belongs to one

congressional district and separated from each other companions in

that first district to the fourth district. So that kind of a situation has

shown some confusion. And again, that is I think why the LMP, Lanao

del Sur has raised it.

Yes, Mayor Pandi, you would like to add something.

MR. PANDI. Mr. Chairman, actually when we presented the

idea that we prefer the original arrangement, we didnt present our

problems regarding on the specific area districting. You have cite the

case of Masiu. Masiu is under first district, but in the proposed

redistricting they will fall under municipalities belonging to second

district. That is one.

Second is, we have three municipalities which are not mentioned

in the redistricting scheme. And these are Marogong, Lumbaca-

Unayan and Dumalondong. So what happens to these three

municipalities?

THE CHAIRMAN (SEN. MARCOS). Yes, very clearly they

have been left out. Atty. Julkipli, does the OPAPP have a reason for

having left them out of the list on that district?

MR. JULKIPLI. Mr. Chair, I think this particular concern has

actually been raised to our office and weve been able to issue an initial

response although as I mentioned earlier, this appendix that we see to

38


this BBL is a standing proposal that we are still open to rethink and

rewrite. And precisely, one of the reasons that impels us to do that is

because of the oversight that there were municipalities that were not

listed there.

THE CHAIRMAN (SEN. MARCOS). So it was not deliberate?

MR. JULKIPLI. It was not deliberate, Mr. Chair.

THE CHAIRMAN (SEN. MARCOS). It is merely--I suppose

you could call it a typographical error or just an honest mistake.

MR. JULKIPLI. Honest mistake, Mr. Chair.

THE CHAIRMAN (SEN. MARCOS). So do you have then the

proposed new districts and where do these towns--the three missing

municipalities, which districts do they fall into in your annex?

MR. JULKIPLI. Mr. Chair, the annex right now is being

reviewed by a special team that has been constituted by the panels of

the government and the MILF and that is now in the process of being

written and as soon as this goes through the further study and taking

into consideration the different suggestions that we are hearing, we

would submit to the Committee in the soonest possible time our

proposed changes to the annex.

THE CHAIRMAN (SEN. MARCOS). Now, can we go to the

second point that the mayor brought up and that is about the election

39


office in Bangsamoro supposed to be Comelec--that is the

constitutional body that conducts elections.

MR. JULKIPLI. Mr. Chair, the electoral office will be part of the

Comelec. It will be under the direct supervision of our national

Comelec. The Commission on Elections being the single authority that

has the authority and jurisdiction to implement all election laws is

preserved. So that is our response. We look at Section 9 in particular,

Mr. Chair, of Article VII. And there, we can read that the Bangsamoro

electoral office will form part and parcel of the Comelec.

THE CHAIRMAN (SEN. MARCOS). How is it different? How

would the Bangsamoro electoral office be different from, for example,

a provincial Comelec office or a regional? Because this is essentially a

region. So a regional Comelec office in its relationship again with the

central Comelec office in Manila.

MR. JULKIPLI. Mr. Chair, the difference of the proposed

Bangsamoro Electoral Office to the other Comelec provincial offices or

regional offices is the head of the Bangsamoro electoral office who

shall be appointed by the President and also the function of that office

implementing on top of the national election laws, the regional election

laws that parliament may enact that will address the specific

requirements of the electoral system in the Bangsamoro.

40


So that would also be the peculiarities of this particular election

office as compared to its counterparts in the other provinces and

regions.

THE CHAIRMAN (SEN. MARCOS). So those differences arise

mainly from the fact that the Bangsamoro has a parliament, whereas

other regions do not.

MR. JULKIPLI. Yes, Mr. Chair, that would be one of the main

considerations.

THE CHAIRMAN (SEN. MARCOS). Very well. So the

conduct of elections will be by the Bangsanmoro electoral office but

still under the supervision of the Comelec?

MR. JULKIPLI. Yes, Mr. Chair, it is actually part of the

Comelec.

THE CHAIRMAN (SEN. MARCOS). It is still part of the

Comelec.

MR. JULKIPLI. Yes, Mr. Chair.

THE CHAIRMAN (SEN. MARCOS). That is an important point

because, as we all know, the Comelec is a constitutional body and

there are many questions as to whether or not these other offices that

are being created are a diminution of the powers and functions of a

constitutional body. So with that in mind, I think that we can explain

that, in fact, it is still a part of Comelec.

41


So Mayor Pandi, is there anything else you would like to add?

But of course, this is not the end of our discussion. We have not

decided anything here. We are going to take in all of these

suggestions and observations and bring it back. That is the function of

our hearing and we will hear all your ideas. I would just like to clarify

that although Atty. Julkipli has clearly made an explanation, we will

still be discussing the different points that you have made in your

position paper. Would you like to add something else, Mayor?

The provincial election officer of the Comelec, Atty. Yasin,

happens to be here with us today and he would like to make some

comments regarding this discussion that we are having.

Attorney, please go ahead.

MR. YASIN. Mr. Chairman, this is the provincial election

supervisor of Lanao del Sur, Atty. Nasib Yasin.

I understand that there will be created an electoral office. I hope

we will not be misinterpreted to be meddling with the affairs of your

Committee, the House of Representatives, the peace negotiation.

After all, whatever will be ratified would be the wish of the people. So

the Commission is not a hindrance on the matter. This is just I want

to clarify. Is the creation of an electoral office will, in effect, cause

reorganization from the regional level down to the municipal level?

42


THE CHAIRMAN (SEN. MARCOS). Yes. What is the extent of

this reorganization? I think the question that is being asked is, what is

the extent of the reorganization that you will make to the present

regional office to the present provincial office election offices when we

reorganize the Bangsamoro election office?

MR. JULKIPLI. Mr. Chair, in response to the question raised,

taking into consideration the language of Section 9, it appears that

the actual personnel that will be directly affected would be the head of

the regional office. All others below, it appears, Mr. Chair, wont have

to be disturb because under this provision instead of having a regional

director, we will have a director general for the Bangsamoro electoral

office and it seems this is the only particular key position that would

have a change either in mere affiliation and in terms of additional

tasking but in terms of personnel/cfd

43


MR. JULKIPLI. but in terms of personnel or who this

personality should be, it doesnt appear that there are additional

qualifications and except for the guidance that we have right here that

it shall be this person, the director general, who will head the electoral

office for the Bangsamoro will be appointed by the President from a list

of recommendees submitted by the parliament. And on the basis of

that provision it seems that there wont be a massive disruption with

respect to the organization below.

THE CHAIRMAN (SEN. MARCOS). Is there any guidance in

terms of whether or not the appointee for director general will be

externallywill come from outside the present system or will be from

one of the personnel that is already in the regional office or in one of

the provincial or municipal offices? Will that director general be

completely new to the COMELEC or will be somebody that is already at

present in the COMELEC?

MR. JULKIPLI. As worded presently, Mr. Chair, there is no

such guidance.

THE CHAIRMAN (SEN. MARCOS). So the choice of the names

to be put on the shortlist is completely open. There are no

qualifications. There is no, as you say, guidance, in terms of that.

MR. JULKIPLI. Yes, Mr. Chair. On this Section 9, there is no

specific guidance on that, Mr. Chair.

44


THE CHAIRMAN (SEN. MARCOS). Very well.

So the reorganization, as you say, will only be at the regional

level and not at the lower levels of the Bangsamoro Electoral Office.

Okay. Thank you.

Again, Mayor, are there other points that you would like to raise?

MR. PANDI. The LMP will just reiterate our stand about the

creation this Bangsamoro election office. Actually, this is just an

apprehension because based on experience we have seen a lot of

things in our midst so ang pinakaproblema po doon is, ang sinasabi ko

through times, what if a few years from now this Bangsamoro election

office maybe utilized for political reason. So dapat mayroon po tayong

safeguard doon para

THE CHAIRMAN (SEN. MARCOS). I believe as it has been

laid out in the framework agreement that that kind of safeguard is--we

are depending upon the supervision of the central COMELEC. Again, I

suppose, what will be--for example, can they declare as well hot spots?

Can they declare danger areas? Can we put under COMELEC control

certain constituencies? Again, this is trying to define because this is a

new office, we have not had any experience with such an office before,

is what are the powers and functions, again, in comparison to any

other regional office? Because I think the apprehension that the

mayors are expressing is the control and having a peaceful conduct of

45


elections. Again, as we have noted, this is not a problem that is

isolated only in Lanao del Sur or in Mindanao or anywhere else in the

country but it is a problem that exists everywhere.

But the response that COMELEC has is to take control of a

constituency, is to declare hot spots, this kind of thing. Is that going

to be the same? Are these going to be the same mechanisms that the

Bangsamoro Electoral Office will have?

MR. JULKIPLI. Yes, Mr. Chair. Because they are part of the

COMELEC, therefore, they are part of that independent constitutional

body that is supposed to be set up, as it is set up, to be insulated from

political influence.

Unfortunately, we know for a fact that there are cases that this

does not often happen and that there are noted cases where some

election exercise have been alleged to have been influenced one way

or another. But this electoral office, Mr. Chair, being a part of the

COMELEC will be imbued with that same constitutional independence.

And, therefore, all safeguards that are present and are being enjoyed

in order to insulate this institution from political influence will also be

imbibed by this electoral office.

And with regard to the specific competencies, for example, if

there would still be declarations of hot spots, Mr. Chair, that would still

be a power of the COMELEC en banc which the electoral office will also

46


exercise as part of the COMELEC. It depends on whether the en banc

gives that direction according to the rules or regulations that it may

enact.

THE CHAIRMAN (SEN. MARCOS). So in that sense, that

mechanism is the same. I think the apprehension of political control

over the election officers arises from the fact that the director general

is nominated by the political leadership in the region. And perhaps,

that is something again that we can look at. I would not suggest

anything as drastic as imposing a rule that they must come from

outside of Bangsamoro but perhaps we can do something to

strengthen the independence. Because as we all know, in every

election, and again not only here but everywhere else, the candidates

would try to influence the electoral officer one way or the other for

certain aspects of the conduct of election. So this is again the

apprehension because in other regions, the local government does not

nominate. It is merely the COMELEC that decides.

So since it is a very important question, again, because the

COMELEC is a constitutional body and its powers are well defined in the

Constitution, it is probably something that needs to be looked at in

greater detail. And again, the question arises how much legislative

space does the Congress have to make those different amendment,

suggestions, additions to the office, I think most specifically of the

47


director general of the Bangsamoro election office.

MR. JULKIPLI. Mr. Chair, because this is aligned with the

agreements intention to really create an independent office also that is

very efficient and will be able to really set up and execute the type of

electoral requirements of the region, then this will be a welcome

addition because this will only further strengthen the independence. So

those would be things that I think will be well received because those

kinds of suggestions would I think strengthen the independence of

these offices and that will certainly be in line with our intentions in this

agreement. I think we could all agree that even independent of the

agreement, we should all really work for the strengthening of

independence of our electoral officials and our electoral offices.

So if the suggestion, Mr. Chair, or the additions would strengthen

and really enhance the independence and efficiency, then this will be

most welcome. I dont think there will be any problem if the

suggestions along those lines will be adopted.

THE CHAIRMAN (SEN. MARCOS). Very well. Okay. Thank

you, Attorney.

Mayor, is there anything else from the LMP Lanao del Sur that

you want to bring out?

MR. PANDI. Atty. Sumagayan will have some concern.

Mr. Chairman, just a question because we have presented this

48


earlier verbally. What is the intention of the law as far as the schedule

of the election is concerned? Because in the BBL

THE CHAIRMAN (SEN. MARCOS). Yes.

MR. PANDI. it was stated that the election of the members of

the parliament will be on the first Monday of May 2016 and three years

thereafter/sglr

49


MR. PANDI. and three years thereafter. Our local and

national elections are held every second Monday of the month.

Was that just a mistake or that is the intention of the law?

THE CHAIRMAN (SEN. MARCOS). That is clearlythere is an

apparent contradiction because our national and local elections are

scheduled on the second Monday of May. And in the BBL it states that

the selections will be synchronized and yet it also says first Monday of

May.

How do we resolve that apparent contradiction? Would anyone

of the panel who would like to answer that?

MR. ALI. Bismillah ir-rahman ir-raheem. Assalamu alaikum wa

rahmatulahi wa barakatuh.

Well, really the intention of the Bangsamoro Transition

Commission in providing such provision in the Bangsamoro Basic Law

is really for convenient andbecause as experienced in the past, kung

mayroon tayong sama-samang elections from national and locals,

masyado pong mahaba iyong listahan ng balota. Pag fill up pa lang

ng pangalan, aabot na ng ilang oras.

So really the intention of the party there is to make this election

and the COMELEC as well concentrate in this regionaldito sa ARMM

para maging maganda iyong election.

50


THE CHAIRMAN (SEN. MARCOS). So the dates that are in

the BBL are deliberate? It is not simply a mistake.

MR. ALI. During our discussion in the Office of the President

during the last minute, I believe in last part of August, the BTC asked

the Office of the President, Would that be okay if we put that date?

And the Office of the President agreed. Okay lang daw sa kanila iyon.

So still it is up to the Congress, the Senate, to decide kung ano

ang maganda. Pero ang intention lang po dito is paano maging

smooth iyong election dito sa Bangsamoro government na hindi ba

halu-halo, parang nationals to locals kasiiyon nga, uulitin ko, sa

experience namin in the past, noong nag-synchronize ang ARMM, ang

haba ng listahan ng balota, nauubos ang pag-fill up ng botante. Mas

mahirap na ma-disenfranchise iyong ibang botantebecause of that

experience, iyon ang parang nakikita na magandang paraan po.

THE CHAIRMAN (SEN. MARCOS). Okay. But so effectively

what will happen is the Bangsamoro election office will hold two

elections one week apart. Because they will hold the local elections

for the Bangsamoro parliament and then one week later, they will also

conduct the elections for the national and local positions.

Is that correct?

51


MR. ALI. Well, ang tinitingnan ko lang po dito, Kagalang-

galang na Senator, iyong intention lang po kung paano po maging

smooth iyong elections dito sa ARMM.

THE CHAIRMAN (SEN. MARCOS). No, no. We understand

that the intention is that you want to have the full attention of the

election office on the Bangsamoro parliamentary elections para hindi

namanKasi, sinasabi mo, iyon lang ang kanilang ginagawa para

doon sa halalan na iyon. Pero as a practical matter, we will have to,

again, look at that because the COMELECwe would have to ask the

COMELEC if it is a practical arrangement. Maybe it can remain

separate but perhaps give them a little more time to prepare for the

national and local elections.

Again, this is something thatthe principle is understood and

noted. But, again, as a practical matter because there are personnel

involved, there are many personnel involved, many employees

involved, the staffing, they will have to come on the first week of May

prepare for several weeks beforehand and then prepare in that

subsequent week for the national and local elections. So baka

namantanong natin sa COMELEC.

Was the COMELEC part of this discussion when the dates were

made?

52


MR. ALI. Ah, yes. Sir, Kagalang-galang na Senator, ito po ay

nilagay po namin sa Bangsamoro Basic Law para sa unang election ng

Bangsamoro parliament members. Subsequent, after next na election

ng Bangsamoro parliament, pwede na po sa second week.

Pero po iyong unakasi we have also to consider that it is part

of the Bangsamoroframework agreement of Bangsamoro that there

will be an international and domestic monitors in the first Bangsamoro

parliament elections that would monitor doon sa conduct ng elections.

So isa iyon sa reason na sa first, May siya. Pero the subsequent

elections of the members of the Bangsamoro parliament, then pwede

na po doon sa second week ng May kasi we have also to consider

other

THE CHAIRMAN (SEN. MARCOS). What happens now to all

those arguments that you made about having the full attention of the

Bangsamoro election office on the Bangsamoro elections?

Like you say that you would likebecause there will be some

confusion, you would like to minimize that confusion that is why you

have separated the two. But in the subsequent elections ipagsasabay

na.

Hindi ba kailangan i-supervise pa rin?

MR. ALI. Yes, yes. Isa po dito sa dahilan po, Senator, is iyong

itong election, parliamentary election ito, ito po ay bagong election na

53


ipatutupad dito sa Bangsamoro area. Okay. This first time election is

very, very crucial considering na bago itong sistema na ito, dito natin

makikita kung paano itokung makikita na pwede itong pagsamahin

sa susunod na election after na makita iyong successful iyong

implementation, then mas maganda. Iyon po ang talagang intention.

THE CHAIRMAN (SEN. MARCOS). Yes, again, that is

understood. So the term of office of the first members of parliament,

of the Bangsamoro parliament, will be three years and one week but

only for the first. That could present some difficulties in terms of

defining the terms. But, again, that is something that we can discuss

further.

I asked the question earlier. Was the COMELEC part of the

discussions when you laid out this schedule, the one week before

national local, the Bangsamoro elections?

MR. JULKIPLI. Mr. Chair, most of the discussion really was

confined to the BTC

THE CHAIRMAN (SEN. MARCOS). I cannot hear you.

MR. JULKIPLI. Im sorry. Mr. Chair, most of the discussions

were confined to the office of the Bangsamoro Transition Commission

and the Office of the President but there were efforts to also consult

the COMELEC but, of course, the position of the COMELEC would

because we put primacy to the position of the COMELEC although we

54


cant really say that they were apart but they were consulted and we

asked for their guidance.

THE CHAIRMAN (SEN. MARCOS). Well, they doesnt hurt to

consult them again to see

MR. JULKIPLI. Opo.

THE CHAIRMAN (SEN. MARCOS). It is a practical thing, in

my view. Kaya ba nila na papuntahin lahat iyong mga teacher, iyong

mga BEI, lahat ng mga ano, tapos to conduct one election and then

send them home again and then bring them back in a week.

MR. JULKIPLI. Next week. Yes, Mr. Chairman.

THE CHAIRMAN (SEN. MARCOS). That is one of the concerns

that have been raised.

Now, to Mayor Pandi/mpm

55

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION PEGutierrez V-2 October 23, 2014 12:07 p.m. 1

THE CHAIRMAN (SEN. MARCOS). .Mayor Pandi, we have

some answers but not yet complete because again some of these

issues still have to be decided. None of these issues will be decided

here today. We are just opening up, we will just like to listen to all of

you to find out what your concerns are, what your views and insights

and observations are to the law. And again the view, your own view

as representing your League of Municipalities is certainly taken into

account and there are several aspects to it that we have brought to

light and essentially that is the term. We are going to have to resolve

the issue of how come the first MPs have a different term than the

subsequent MPsnumber one. Secondly, is the Comelec actually

capable in terms of the practical considerations to conduct elections of

that scope one week apart from one another? Dahil alam naman natin

na ang election everything stops, everything is focused on the election

and we will have to inquire of the Comelec as to whether or not they

feel that they can do as suggested. So would that be the extent of the

comments coming from the League?

MR. PANDI. Yes, Mr. Chairman. Let me just reiterate that that

was an honest question because that was brought to our attention

whether the intention of the law was to have a desynchronized

election. As we have said, we are bound to support the entirety of the

Bangsamoro Basic Law but on the specifics we only have to raise

56

COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION PEGutierrez V-2 October 23, 2014 12:07 p.m. 2 issues so that by the time we will present this to our people everything

will be clear. In fact, if the intention is to have a desynchronized

election, that can be acceptable to some but of course one week is too

short for elections to be held in ARMM. History will tell us that patapos

na yung canvassing ng national election sa Senate, yung ARMM

election or election sa Lanao Del Sur hindi pa natapos. So it is parang

physically impossible na mag-e-election tayo ng Monday, ARMM

election, and then another election next Monday. So if the intention is

to really desynchronize, then we might as well put it clear on a wider

gap than just one week. Yun po ang stand namin pero honestly we

thought all along that it was a clerical error or as Atty. Julkipli had said

oversight.

Thank you very much.

THE CHAIRMAN (SEN. MARCOS). Again, there is also a

prospect that we will conduct the national elections with members of

the Bangsamoro parliament not yet proclaimed. So again these are

practical considerations that we must take note of and that we will

bring to our discussions when we write the final version.

I would just like to expand on Mayor Pandis comments. In my

view, what we are doing here is putting meat on the bones of the

framework agreement. Because the framework agreement is silent on

many aspects of it and especially the administrative details, the

57


organizational details, etcetera, and such as this kind of scheduling.

So it is up to us here in Congress to finally try to resolve these certain

issues and hopefully from the discussion that we have here, we will be

able to get the ideas of everyone who is involved especially in the

specific issues like the one we have been discussing and make those

detailed. Kumbaga sa pangkaraniwan na batas we are trying to put in

the rules and regulations the actual conduct of how everything is going

to be done.

MR. JULKIPLI. Mr. Chair, if I may be recognized.

THE CHAIRMAN (SEN. MARCOS). Yes, Attorney, please.

MR. JULKIPLI. I think there was actually one question that we

werent able to discuss yet, about the ARMM employees, sir. Mayor

Pandi alsoso that we could share.

THE CHAIRMAN (SEN. MARCOS). Yes. Well, you are quite

right, I did not go back to it only because this is also something that

we have discussed before. But again, for the information of everybody

else we would like to hear from OPAPP through their representative

what is their view on the concern. The concern is what will happen to

the present ARMM employees. Because if we are going to abolish

ARMM, are they simply going to be removed from their jobs, what is

going to happen to them? There is also further question that follows

from that is that becauseas far as I understand from our discussions

58


with OPAPP that all of the agencies of ARMM will be abolished. It will

then be up to the Bangsamoro parliament how to reorganize itself.

They will decide which agencies will remain and if they do remain, are

they exactly the same as what they were before or will they be

reorganized? And what happens especiallyI think the real concern is

what happens to those agencies that are completely abolished, what

happens to those employees? Of course, then the issue of the pay

grade, what will happen to their pay grades? Do they maintain their

seniority? All of those again practical questions.

So again, Atty. Julkipli, if you would like to respond.

MR. JULKIPLI. Yes, Mr. Chairman. As mentioned and as by

the good Senator, there are so many details that are still left to be

filled with respect to the reorganization of the bureaucracy of the

would-be Bangsamoro after the abolition of the ARMM. And because of

the magnitude of the considerations that we have to take into account

and also by the sheer number of the affected employees, we really

have to be certain that the full rights and entitlements of each and

every one of thembe they the employees that may be absorbed later

or be they the employees whose offices may be totally abolished and

so on. Those will be the details that will be supplied by a transition

plan that is now being devised. I just like to inform the body that as

we speak right now that the transition team that has been formed

59


among the ARMM government present, the government represented by

the OPAPP-GPH panel and the MILF, there is a transition team now

discussing the transition plan which will cover the many different

aspects that will be required to ensure a smooth transition from the

ARMM to the Bangsamoro. And one of the first topics and subjects

that they should discussthat they should come up with

recommendations for is on the matter of the employees. And from the

last hearing the Senate Committee already made it a point to inform

the members of this transition body to speed up and fast-track the

process of coming up with a plan for the employees. And just to give

some form of a context on how this transition plan would look like,

certainly this would take care of all the rights and entitl

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