The purpose of the meeting was for the panelists and resource persons to say their final word on the proposed law, and for the congressmen to address their concerns and clarifications.  

 

Prof. Miriam Colonel-Ferrer of the Office of the Presidential Adviser for the Peace Process (OPAPP), the members of the Bangsamoro Transition Committee (BTC) and Philippine Center for Islam and Democracy (PCID) President Amina Rasul served as resource speakers, as well as the leaders of various factions of the Moro National Liberation Front (MNLF), and the leaders of the Moro Islamic Liberation Front (MILF).

 

■Attendance

 

Presiding Officer: Hon. Rufus Rodriguez

 

Members present: Hon. Tupay Loong; Hon. Celso Lobregat; Hon. Djalia Hataman; Hon. Elpidio Barzaga, Jr.; Hon. Aurora Enerio Cerilles; Hon. HadjimanHataman-Salliman; Hon. Lilia Macrohon-Nuño; Hon. Bai Sandra Sema; Hon. Henry Oaminal; Hon. Rodolfo Biazon; Hon. Romeo Acop; Hon. Fredinil Castro; Hon. Imelda Quibranza Dimaporo; Hon. Arnulfo Go; Hon. Gary Alejano; Hon. Maximo Rodriguez, Jr.; Hon. Pangalian Balindong; Hon. Xavier Jesus Romualdo; Hon. Democrito Mendoza

                                               

 

Panelists/Guests: Sec. Teresita Quintos-Deles; BTC Chair Mohagher Iqbal; Atty. Sha Elijah Dumama-Alba (BTC); Chair Miriam Coronel-Ferrer; BTC Commissioner Melanio Ulama; Datu Antonio Kinoc; Datu HJ. Abul Khayr Alonto; BTC Commissioner Akmad Sakkam; Abdullah Camlian (MILF panel member); PCID President Amina Rasul; Gov. Jose Zubiri; Hon. Romeo Jalosjos; Hon. Rodolfo Biazon; Lt. Col. Noble; Sonny Ebrahim

 

 

The pertinent issues that were discussed in the meeting are as follows:

 

■Historical Significance of the Bangsamoro

 

It has been mentioned that the Ming Dynasty of Ancient China contains records of a Sultan of Sulu who visited the country in 1417.

 

■The Constitution framers

 

There has been a lot of talk of amending the Constitution to better fit the BBL. The 14 surviving members of the Constitutional Commission have been mentioned as valuable assets to the resolution of the Controversy.

 

These 14 members are:

 

Felicitas Aquino-Arroyo, Adolfo S. Azcuna, Teodoro C. Bacani, Joaquin G. Bernas, Florangel Rosario Braid, Hilario G. Davide Jr. , Edmundo G. Garcia, Jose Luis Martin C. Gascon, Christian S. Monsod, Ricardo J. Romulo, Rene V. Sarmiento, Jaime S.L. Tadeo, Wilfrido V. Villacorta, Bernardo M. Villegas

 

These framers have recenlty expressed support for the BBL: “Bangasomoro is about development of the people, not the constitutionality of words”.

 

■Importance of hearing all sides of the issue: all Muslims and Christians living in the area.

 

Jose Zubiri insists that all Muslim sectors come together to support only one Bangsamoro federal government. Zubiri adds that decades of governing Bukidnon have shown that the current political system does not work (it is inefficient and rife with corruption) and that the better alternative would be a switch to a federal form of government.

 

Basically everyone of the guests and resource persons present in the hearing are in favor of the BBL. The only notable exceptions are Hon. Celso Lobregat of Zamboanga and former Cotabato City vice mayor Muslimin Sema. The Misuari Breakaway group, and Habib Mujahab "Boghdadi" Hashim, chairman of another MNLF faction, the Islamic Command Council, were absent. These two factions also do not support the BBL and peace process.

 

"In its current form, the proposed Bangsamoro Basic Law is a recipe for disintegration of the current autonomous region unless our perspective on this matter is taken with a grain of salt. Moreover, this will be the third plebiscite on the region and the way the BBL is written, we are bound to lose what we have gained in the last four decades of our people's struggle," reiterates former Cotabato City Vice Mayor Muslimin Sema.

 

■The Sabah issue

 

PCID President Amina Rasul discusses the pertinence of Sabah in the issue.

 

■Territorial integrity

 

There are fears of possible secession. Hon. Lobregat's fears of secession are discussed once again.

 

■Conduct of the plebiscite

 

Confusion arose on the conduct of the plebiscite for areas that are part of the core territory vis-à-vis the plebiscite for contiguous areas.

The percentage of votes required for the plebiscite should be clarified.

 

■Constitutional infirmities

 

Datu HJ. Abul Khayr Alonto appealed to the Congressmen to review any possible infirmites of the BBL so that the Constitution can be amended to conform to the BBL. “If there are indeed constitutional infirmities in the BBL, then let us raise and address them now so that our nation may be made aware that the time to amend the Constitution has come.”

 

■Constitutional supremacy

 

There exists the impression that the Constitution will have to bend to the BBL should there be any conflict.

 

■Difference between the Organic Law and BBL

 

Many have asked about the difference between the two, and have expressed their cynicism about the success of the BBL. Many also do not want a repeat of the failed MOA-AD.

 

■Commitment of the MILF

 

It would seem that the House wanted a guarantee that the MILF will stick to this agreement and not have another incident like the MOA-AD.

 

■Power-sharing and division of resources

 

The dynamics between the central government and the Bangsamoro government need to be elaborated and clarified, specifically on the cases where conflict arises between the two.

 

Some representatives are concerned about their IRA should the BBL be passed.

 

■Lack or inadequacy of consultations

 

Certain representatives complain of the lack of consultations in their areas.

 

■Creation of a Federal/Parliamentary form of government

 

MNLF Chairman Alonto expressed support for the creation of a federal parliamentary form of government, saying it will result in the attainment of genuine peace, justice and freedom.

 

■Main discussion

 

The first speaker was BTC Chair Monagher Iqbal followed by MNLF Chairman Abul Khayr Alonto, who is the representative of the 35 surviving members of the central command.

 

Alonto starts his discussion by reiterating the MNLF's support to the BBL. He however quickly discusses his suggestions to enhance the law, citing the historical struggle for peace that has been elusive in Mindanao. He cited 1976 Tripoli Agreement in Libya and the Kuala Lumpur Agreement of 1974. He says that the BBL is the start of the healing process and that its immediate passage is important as “cultural identity” is an inalienable right.

 

Alonto shared his observations of the BBL. He said that the in the Title, the word “enhancing” must be used in lieu of abolishing the ARMM. He said the the preamble must not omit the word God. The word “inhabitants”, he says, must also be discarded.

 

He also cited needed changes to Art III on territory, Art. V on the Powers of Government, and that the Bangsamoro should be allowed to have their own indigenous justice system.

 

In Paragraph 15, Sec. 3, he wants to omit the Malampaya sharing formula and that this must be adopted for Lanao and Marawi.

 

He also stressed that the BBL must give preferential treatment to Bangsamoro owned corporations, and that gambling in any form should never be allowed in the region.

 

Alonto also discussed the Art. 8 term WALI (Sec. 1, titular head).

 

He also cited needed changes to Art. 9, Sec. 9, on Preservation of Cultural Heritage, Art. 15 on Preservation of Culture, History and the Arts and he says that the Bangsamoro are Royalty of Mindanao. In Art. 9, Sec. 23, Alonto said that the following should be included: a principle of preferential application of justice system provided that such a system would be codified.

 

As to the fiscal aspect of the law, Alonto said that the funds shall be shared equally between the central government and the Bangsamoro government. In Art. 16, Sec. 2, Alonto said that the law should read “there is hereby created a Bangsamoro Transition”.

 

Alonto took note of the recent statement of the 14 surviving drafters of the 1987 Constitution in support of the BBL, saying that he supports the position of the following: Felicitas Aquino-Arroyo, Adolfo S. Azcuna, Teodoro C. Bacani, Joaquin G. Bernas, Florangel Rosario Braid, Hilario G. Davide Jr. , Edmundo G. Garcia, Jose Luis Martin C. Gascon, Christian S. Monsod, Ricardo J. Romulo, Rene V. Sarmiento, Jaime S.L. Tadeo, Wilfrido V. Villacorta, and Bernardo M. Villegas.

 

There was also mention of the Ming Dynasty records stating that in 1417 a Sultan of Sulu had visited China.

 

Alonto said that the Bangasomoro is “about the development of the people, not the constitutionality of words”. In this vein, he added that the Constitution should be amended if necessary to give way to the Bangsamoro law, adding that the BBL is an instrument of peace that would “spare the country from fratricidal war”. He reiterated finally that it is the Constitution that should be amended if the BBL suffers from Constitutional infirmities, saying that the possible adoption of a federal/parliamentary form of government if need be, would be more ideal, to achieve genuine peace, justice and freedom.

 

The third speaker was Chairman Sema of the MNLF, followed by Gov. Joe Zubiri, who gave a very moving and heartfel speech about his “love for the Muslims”. Zubiri said that Bukidnon is at the heart of Mindanao geographically and metaphorically. He said that he came to listen to both sides of Muslims, adding that all sectors of his Muslim brothers come together to support only one Bangsamoro Federal government.

 

He said that the current political system breeds corruption and inefficiency, saying that this “form of government doesn't work in this country.” He further said “let's give Muslims a federal state of their own”.

 

The fifth speaker was Hon. Romeo Jalosjos.

 

■Sidelights

 

The observation of Hon. Rodolfo Biazon that the Bangsamoro people need to have a united front had a strong reaction among the panelists. The panelists were mainly adamant that the various factions of Muslims in Mindanao would ultimately have the ability to unite on the issue.

 

■Next hearing: January 21, 2015