Finding Peace in Bangsamoro

FORUM
UNIVERSITY OF THE PHILIPPINES

sh a p i ng

m i n d s

t h at

sh a p e

MAY - AUGUST 2015

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n at i on

VOLUME 16 NUMBERS 3 & 4

Finding Peace
in Bangsamoro

Photo from the Office of the Presidential Adviser on the Peace Process website, http://opapp.gov.ph/media/photos

Be on the Right Side of
History! | 8

I

t has been a very long, demanding and difficult journey. After eight months of consultations and 51 hearings, more than two hundred hours of debates and long
man-hours spent on studying and crafting this bill, I am
very proud to present to the Plenary, Committee Report
No. 747 submitted by the Ad Hoc Committee on House
Bill No. 5811 in substitution of House Bill No. 4994.
The title of the substitute measure is:
AN ACT PROVIDING FOR THE BASIC LAW
FOR THE BANGSAMORO AUTONOMOUS
REGION, 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.

The Filipino Muslim:
Living with Prejudice,
Yearning for Peace | 2

M

uslims are one of the most stigmatized groups
in the Philippines. From "DVD" jokes to
generalizations that they are vengeful and prone to
violence, Filipino Muslims have long been subjects
of prejudice.
Misconceptions and negative stereotyping are
forms of prejudice, where an individual makes a
judgment without the benefit of facts. According to
UP sociologist, Prof. Manuel Sapitula, technically
speaking, prejudice is irrational. Prejudice leads to
stigmatization, a social phenomenon in which society
ascribes a negative trait to a person or a group of
people that overshadows whatever positive traits he

Healing the Wounds
of Mamasapano | 4

I

f there is one group of people who know all about
the human consequences of “all-out war,” it is the
villagers of Pikit, North Cotabato.
Despite the formation of the Autonomous Region
in Muslim Mindanao (ARMM) in 1989 and the acceptance of the peace accord between the Philippine
government and the Moro National Liberation Front
(MNLF), the war in Pikit, and the rest of Central and
Southern Mindanao continued for years—between
the MNLF-breakaway group Moro Islamic Liberation Front (MILF) and the government after President
Joseph Estrada’s declaration of an all-out war policy
in 2000, followed by President Gloria MacapagalArroyo’s military campaigns against “criminal elements.”1

2 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015

The Filipino Muslim: Living with Prejudice, Yearning for Peace...
continued from page 1

Arlyn VCD Palisoc Romualdo
or they might possess. Whatever good
exists in stigmatized people are not
recognized because of one negative
evaluation. Sapitula told the UP Forum
that there is no stigmatization if there is
no society that "imputes these characteristics to certain persons or groups."
He added that prejudice and stigmatization against Filipino Muslims, in
particular, stem from a lack of knowledge and appreciation of who they are,
which leads to misinformed opinions.
The widespread, liberal, and interchanging use of the terms "Moro" and
"Muslim," for example, lumps together both groups when in fact, not all
Muslims are Moro. Moros are Muslim
tribes or groups that have inhabited
Mindanao since pre-colonial times. But
unlike Muslims in general, who are
practitioners of the religion Islam and
can very well convert to other religions, Moros cannot undo their being
Moro. Not recognizing the difference
between Moro and Muslim is a form of
prejudice due to lack of knowledge or
the unwillingness to know and understand who these people are.
Then there are the "DVD" jokes.
Many non-Muslims are unaware that
most of these Muslim vendors leave
Mindanao because they want to escape
conflict, that they are displaced. On the
misconception of the vengeful Muslim, Sapitula posited that it may come
from the practice of rido or clan wars.
It used to be a sincere and amicable
method of addressing grievances
between clans though something may
have changed in the practice.
There is also the opinion that Muslims are prone to violence, inherently
violent or "war-like." Their display
or release of anger—juramentado,
amok, or going berserk—is seen by
non-Muslims as "socially unacceptable" though non-Muslims themselves
manifest anger in similar ways. Even
the Muslim brand of bravery is seen by
the cultural majority as beyond the acceptable display of valor, as opposed to
the bravery of the Waray which is seen
as positive and empowering.
Acknowledging the stigmatization of
Filipino Muslims, however, does not
mean ignoring the crimes and acts of
terrorism that armed Muslim groups
have committed. In an interview with
the UP Forum, UP Institute of Islamic
Studies Dean Julkipli Wadi called
these acts "condemnable in the highest
order." As with any other crime committed by anyone, these "should neither
be condoned nor tolerated" and do not
have any place in a civilized society.

From the past to the present
Why and how did the prejudice and
stigmatization even begin?
“The negative image of the Filipino
Muslim has been etched into the vast
majority's psyche since the colonial
days,” said Wadi. “It was the Spanish
colonial imposition that started the
stereotype,” Sapitula explained. While
Luzon and Visayas have been Christianized, Mindanao was not. Muslims

and Moros were deemed the enemies and seen as one and the same.
The placement of Muslims and Moros as the opposite of Christians
became even more pronounced with the American colonization of the
Philippines. They were deemed uncivilized and needed to be "tamed."
A Bureau of Non-Christian Peoples existed to handle them as well as
the Cordillerans in the North, according to Sapitula. Christian Filipinos became the epitome of civility and were seen by the Americans as
"most amenable to their colonial project."
Because of colonization, Luzon and Visayas culture evolved while
the Philippine South was able to retain its way of life. There were vast
differences in culture which spawned misinformation, misunderstanding, and negative stereotypes.
With the formal departure of the colonial powers, the responsibility
to fix the gap was left to Filipinos. And the gap is still as wide, if not
wider than before.
"We have not found a solution, a way to understand these differences
in historical experience, in culture. We have not built enough effective
bridges to challenge centuries-old misplaced opinions," said Sapitula.
As an example, he cited a survey conducted by the Human Development Network in 2005 which asked Metro Manila respondents if they
would consider having a Muslim for a neighbor. More than 50 percent
said "No."
Sapitula also mentioned the phenomenon of Christian overseas
Filipino workers who return as Muslims from Islamic countries. It
becomes a cause of family crisis because the Christian family members
do not understand the Muslim convert. These converts are usually not
able to shift their families' views of Muslims from negative to positive.
In fact, these converts now belong to the group of people their families
do not trust. Distance grows, with the convert no longer part of the
family's "us" but part of "them."
"Philippine Muslim history is currently in the making, involving
the redefining of Moro relation with the Philippine majority Filipino
State," said Wadi. Because of this, there is much “othering” as seen
in "claim and counter-claim of identity and history among Filipinos
and Moros." The social stigma against Muslims and Moros have been
reinforced by the increasing "Islamophobia" in other countries, gaining
resonance in the Philippines through traditional and new media.
Because the peace process has become more "intractable" and "a
political resolution hardly comes with the so-called Mindanao conflict
being dragged indefinitely," Wadi lamented that Philippine media are
finding more reason to hype often subjective and insignificant issues
related to Islam, Muslims, and the Bangsamoro while legitimate issues
"are easily pigeonholed in dominant social stigma undressing them of
their truth and social meaning." There is no attempt to understand the
broader context of their struggle and challenges. "Except for very few
progressive journalists and academics that do not toe the line of State
power, business interest, and ecclesiastical position, Philippine media
heightens [rather] than alleviates the social stigma on Muslims in the
Philippines."

Coping mechanisms
According to Wadi, while the majority of Filipino Muslims have
grown accustomed to the stigmatization, they still undertake initiatives
to foster understanding and promote a positive image. There are interfaith groups as well as centers of Balik-Islam or Christians who have
continued on page 3

UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 3
Photo from the Office of the Presidential Adviser on the Peace Process website, http://opapp.gov.ph/media/photos

Right: Prof. Manuel Sapitula
of the UP Department of
Sociology. Left: UP Institute
of Islamic Studies Dean
Julkipli Wadi.
Cover photo: Doves of
peace being released during
the Quezon City Police
District Interfaith Rally held
at the Quezon Memorial
Circle, February 6, 2015 ,
taken from the Office of the
Presidential Adviser on the
Peace Process website,
http://opapp.gov.ph/.media/
photos.

The Filipino Muslim: Living with Prejudice, Yearning for Peace...
continued from page 2
become Muslims that promote Islam. He said that many Muslims join social,
professional and civic organizations to promote social-economic development and social values of multiculturalism.
“Because stigmatization is a social phenomenon, it must be dealt with at
the social level,” explained Sapitula. A stigmatized individual must seek likeminded people for support, a safe haven where no judgment is made. Groups
like the ones mentioned by Wadi are important because they represent causes
and contribute to the discussion and addressing of issues at the social level.
“Philippine Muslims should seek more ways of empowering themselves
through dynamic and progressive education, critical mindedness, self and
community development, and so on,” said Wadi.

BBL and Mamasapano
The draft Bangsamoro Basic Law (BBL), resulting from peace negotiations
between the Philippine government and the Moro Islamic Liberation Front
(MILF) was being discussed in Congress when the Mamasapano tragedy happened on January 25. Until then, government hopes were high for its passage
into law.
The Mamasapano encounter, according to Wadi, has worsened the stigma
toward Filipino Muslims particularly those in Moro areas. Major media
networks focused more on the Fallen 44 and the agony of their families and
remained oblivious to the civilians and MILF forces who died. Unfortunately,
many politicians "rode on public perception and diverted people’s attention to
developing critical position against the peace process and the BBL."
Even before the tragedy, however, Wadi pointed out that there was strong
opposition to the peace process and the BBL. What was conceived to be
a comprehensive, inclusive, and multiparticipatory peace process became
focused on the MILF, ignoring the Moro National Liberation Front (MNLF),
with which it has a 1996 Peace Agreement, as well as the sentiments of the
indigenous people or Lumad in mainland Mindanao.
While opposition to the BBL became more pronounced after the Mamasapano encounter, the draft measure was already problematic to begin with as
there were "strategic flaws in the conduct of the peace process," Wadi concluded. Despite these problems, he still expressed the belief that the country
needs the BBL.
For Sapitula, what happened after the Mamasapano debacle was the erosion of trust in the government and trust in the MILF as the other legitimate
party in the peace process. Whatever prejudice non-Muslims held against
Muslims and Moros blew out of proportion with calls for violence, all-out
war, and extermination.
“It is sad,” he said, “that people could think of fellow human beings as
less human and can therefore be killed like pests.” But from a sociological
perspective, the outbursts were not surprising and revealed the latent prejudice that exists in many non-Muslim Filipinos. It is also easy for these people
to call for war because of their distance from Mindanao. Whatever happens
there will not affect them and whoever is affected can be easily dismissed.
Moving forward
Mindanao voices calling for peace are not loud enough, it seems. “They
continue to be drowned out by voices of people who are not even in Mindanao,” Sapitula said. Wadi, on the other hand, said that majority of non-Muslim
Filipinos are not ready to accept "the Moros' readiness to embrace peace and
willingness to live harmoniously [with them]." Fear, suspicion, and mistrust
still prevail.
He added that there has to be a realization that the country is faced with
an increasing and serious problem and to address this problem, national
leaders must emerge in both Filipino and Moro communities that have comprehensive understanding, vision, and competence in running the country.
"Unfortunately, they could not come from the present craft of traditional
politicians."
These new breed of leaders must have been "honed by sheer desire to
heal the nation, those whose hearts are with the oppressed and the poor,
those who are selfless in doing public service and are not after praise or
wealth." Wadi added that they must be supported by equally patriotic,
peace-loving, and competent mass sectors that are willing to chart just and
lasting peace throughout the country.
It will take generations to undo the prejudice against Muslims and Moros
that has been in play for centuries. “It should begin with the young today,
so they may carry it over to succeeding generations,” Sapitula said. Our
knowledge about Mindanao and its peoples is not nuanced. "We need to
understand Mindanao, Moros, Islam—Mindanao as homeland, Moro as
a culture and way of life, Islam as a religion." Monocultural thinking and
assimilationist views are hindrances to genuine peace. He emphasized the
need to accept and not just tolerate differences and provide room for legitimate diversity.
Latent prejudice must be addressed because if it is not, it will continue to
explode every time there is a trigger. What is serious about the latent prejudice that was manifested by non-Muslim Filipinos following the Mamasapano encounter is that war was still an option, that in the discourse of many
Filipinos, killing was still an acceptable form of resolving conflict. Sapitula
said that "if prejudice is left unchallenged, it will persist."
-------------------Email the author at [email protected].

4 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015

Healing the Wounds of Mamasapano...
continued from page 4

Celeste Ann L. Castillo
The armed conflict continues to this
day. Just this February, nearly 15,000
people had to flee their homes yet
again when sporadic gunfights broke
out between members of the Bangsamoro Islamic Freedom Fighters (BIFF),
the MNLF and the MILF in the boundary of Maguindanao and North Cotabato. Days later, government troops
launched an offensive against the BIFF
gunmen, resulting in the deaths of soldiers, MILF and BIFF members, and
an unknown number of civilians.2
A month before that, in Barangay
Tukanalipao, Mamasapano in Maguindanao, a police operation intended to
eliminate a wanted terrorist went terribly wrong, resulting in the deaths of
44 members of the Philippine National
Police Special Action Force, 18 members of the MILF, five of the BIFFs and
several civilians, sending a shockwave
of horror and anger reverberating
throughout the nation.

War by the numbers
Armed conflict has been a scourge in
Mindanao for too long. A February 25,
2015 ANC The World Tonight special
report pegged the financial cost of four
decades of armed struggle in Mindanao, in terms of lost business and investment opportunities and widespread
damage to property and infrastructure,
at over P700 billion, with the government spending an estimated P3 billion
yearly to pay for the war.
The cost of war in terms of human
lives, however, is immeasurable. Over
150,000 soldiers, policemen, rebels and
civilians have died in the conflict since
1972. The Switzerland-based Internal Displacement Monitoring Centre
estimates that since 2000, over four
million people have been displaced
in Mindanao due to a combination of
armed conflict, crime and violence, and
clan violence,3 resulting in generations
of children who have grown up in an
environment of violence, instability,

helplessness, division and a neverending quest for revenge that keeps
them locked in a vicious cycle of war,
poverty and death.
If we are to have peace in Mindanao, this is not the way to go. The
Bangsamoro Basic Law (BBL), which
would establish the Bangsamoro political entity to replace the ARMM, was
meant to be our best shot for peace in
the region, but the January 2015 events
at Mamasapano have since turned the
tide of opinion against the law, both
among lawmakers and the public.
So with or without the BBL, what
can we do to return to peace?

Multigenerational trauma
In a war, the first to suffer are the
people directly affected by the fighting—the communities themselves.
“Especially, if the community is tagged
as sympathetic to the rebels,” said Dr.
June Caridad Pagaduan-Lopez, professor at the UP College of Medicine Department of Psychiatry and a member
of the UN Subcommittee on Prevention
of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment.
The fact that no one had taken responsibility for the events only worsened matters. The lack of accountability and clear and sufficient information
surrounding the operation in Mamasapano only made the trauma worse.
“[With accountability and information], you get to stop the speculations,
and you get to stop the prejudices
that arise from it,” Lopez said. “The
prejudices are already deep-seated, and
this [event] is coming out as a prime
example for both sides that they cannot
trust each other. [There must be a clear
explanation] so that you do not fuel all
the negative perceptions, which will
lead to even more conflict.”
The trauma of armed conflict is not
just isolated to the communities. The
combatants suffer trauma as well. In
the Mamasapano incident, the slain

SAF 44 and their families were given a
great amount of air-time and attention,
as they should. But Lopez urges us to
“remember also that on the side of the
MILF, there were families who were
left by those who were killed.”
The trauma of the armed conflict extends even further. “From an outsider’s
perspective, we can say that because of
the long years of conflict in Mindanao,
the people are beset with multigenerational trauma. The said trauma is also a
source of mistrust among people,” said
Joy Lascano, deputy executive director of the Balay Rehabilitation Center,
Inc., a non-governmental organization that works for the psychosocial
relief and rehabilitation of survivors
of human rights violations. “If the
prejudices and biases continue and we
as a nation spread the hate to the next
generation, a multigenerational trauma
manifested in the form of anger, fear of
other religions and hatred is possible.”
This pervasive, multigenerational
trauma, triggered and intensified by
the Mamasapano incident, has serious
repercussions on the peace process
and the fate of the BBL. Imam Ebra
Moxsir, president of the Imam Council
of the Philippines and a chaplain of the
PNP, recalls how Muslims in Mindanao greeted the signing of the Comprehensive Agreement on the Bangsamoro
(CAB) in March 2014 with hope.
“There was a small group that had
some disagreements [with the CAB],
but majority welcomed the signing of
the CAB. Our brother Muslims in Mindanao rejoiced. This was to be the end
of the fighting, a new hope, for all the
sectors—professional, academe or religious, and all the other sectors of our
brother Muslims, as well as the lumads
and non-Muslims living in Mindanao,
especially in the provinces where the
majority is Muslim,” Imam Moxsir
said. “And it is truly sad that, just when
we were so close [to the passage of the
BBL], this happened. Because of the
Mamasapano incident, there are new
wounds and new sources of conflict
between Christians and Muslims.
“And the sadder thing is,” he added,
“the people of Mindanao, especially
those living in what would be the future political entity of Bangsamoro, are
not the ones clamoring for an end to

peace. They have not lost hope in the
CAB. What’s sad is that these calls [for
all-out war] come from here [in Metro
Manila]. The people of Mindanao will
not easily issue calls for all-out war,
because it has been tried before and it
has not proven to be the solution.”

Us vs Them
In the storm of commentary following the Mamasapano incident, it
became evident how easily we succumbed to the tendency to break down
complex issues such as armed conflict
in Mindanao into “us vs them” narratives. Many Filipinos found themselves
participating in prejudice, rash judgments and expressions of hate, often
abetted by statements from the media.
Hardly a recipe for promoting peace
and inclusivity. But still, in a sense,
perfectly normal.
“As a social psychologist, one can
look at this [from the] theoretical
perspective of social identity,” said Dr.
Ma. Cecilia Gastardo-Conaco of the
UP Diliman Department of Psychology. She explains that in the notion
of social identity, our minds actually
categorize people into groups, and we
internalize our identity in individual
groups. This system of compartmentalizing is a cognitive strategy to make
processing a very complex world much
easier and to prevent us from being
overwhelmed by information.
continued on page 5

Photos from left to right: Dr. Ma.
Cecilia Gastardo-Conaco of the
UP Department of Psychology;
deputy executive director of the
Balay Rehabilitation Center, Inc.
Joy Lascano; Dr. June Caridad
Pagaduan-Lopez of the UP
College of Medicine Department
of Psychiatry; and Ebra Moxsir,
president of the Imam Council
of the Philippines and a chaplain
of the PNP.

UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 5
Photo from the Office of the Presidential Adviser on the Peace Process website, http://opapp.gov.ph/media/photos

Healing the Wounds of Mamasapano...
continued from page 4

“This leads to very interesting psychological effects in terms of how we see the
members of the out-group and how we see
the members of the in-group. And usually
one impact of the relationship of this ingroup-out-group view is that it has conflict
potential,” Conaco continued. “You tend to
see your own group more positively and the
other group more negatively.”
In the wake of the Mamasapano incident, many Filipinos considered the SAF
44 as part of the in-group and so justifiably felt anger and horror at their deaths.
“Everyone has a right to be aggrieved. On
the other hand, think about the other side,”
said Conaco. “I’m sure there were Muslim
women who felt, ‘ah, how terrible, we were
raided so early in the morning and now my
husband is dead.’ But we do not see that,
because what is salient to us is the feeling
and affect of the in-group, and that is what
is being fueled by the in-group media.”
The trouble comes when almost all external stimuli around you is geared toward
reinforcing this categorical thinking, which
the mind offers as further “proof” that the
unquestioned notions and unprocessed
generalities you hold of an entire group of
people are true. These “proofs” are then
expressed again, usually by the members
of the in-group, and they become more
external “proof” and create a closed-off
loop of stereotypical thinking that emphasizes differences instead of commonalities,
exclusion instead of inclusion. The result?
Conflict instead of cooperation.
For Conaco, the media present a clear
example of this. “When you look at a
newspaper, writers there say, ‘A Muslim
terrorist…’ Can’t we just say a terrorist
is a terrorist without saying he’s Muslim
or Christian? And when the criminal is
a Christian, the newspapers don’t say,
‘A Christian robber.’ But when it’s the
out-group concerned, you underscore the
difference. What you’re actually doing is
underlining the between-group differences,
underlining the categories that exist. Media
tend to reinforce that, I think. And with the
Mamasapano incident, it seems that it has
reinforced a lot of paranoia.”
This constant rehashing of group differences has been done for so long it has
become a habit. For the media, focusing
on conflict, violence and negative events
may help sell papers or boost ratings, but it
ultimately reinforces the categorical, “us vs
them” habit of thinking.
“How can you recover [from the trauma
of an incident like Mamasapano] when
every day you hear the same thing on the
radio, when you open the newspaper, and
when you check the Internet? It’s always

perpetually refreshed. If this was a
wound, how would it ever heal if you
keep poking at it?” Conaco pointed
out. “I think it’s irresponsible and unethical to do that. It’s tearing the nation
apart even more.”
For Lopez, the root cause of our tendency to focus on in-group/out-group
differences and dehumanize people or
discount their lives by calling for war
as a kind of panacea is not a lack of
compassion.
“It’s mindlessness,” she said. “We
don’t think enough. We don’t reflect
enough. And we don’t appreciate the
mind enough—how it dictates every
action you make, and how the minds
of our people are the most important,
most precious elements of this society.”
Sheer mindlessness—a lack of
self-awareness and recognition of how
our behavior, language, thoughts and
choices impact one another and create
our environment—is what allows us to
stay inside the loop of in-group thinking and continue to regard the members of the out-group as a faceless mass
instead of as individuals.
“I call it mindlessness, because that’s
what we are even in ordinary ways,”
said Lopez. “Filipinos can be mindless
about throwing trash, mindless about
paying our taxes correctly, mindless
about going about their jobs. Post-Mamasapano is not a military issue. It’s
not a police issue. It’s a psychosocial
issue.”

Healing the community
To help the people of Tukanalipao,
Mamasapano recover from the trauma,
establishing safety is the top priority. “When I say safety it’s not only
physical safety for everyone. You have
to give them a sense of psychological
safety as well,” said Lopez. “Has there
been an effort to talk to the community? [We have] to get them to air their
sentiments, make them feel that they
were heard and that whatever they feel,
they will be safe? That first of all, they
will not be judged, but most of all, they
will be free of retaliation, that they are
free to speak their minds.”
Establishing “spaces of peace” where
members of the communities—Muslim, Christian or lumad—can rebuild
their lives, process their experiences,
and hold dialogues with one another
to foster greater understanding has
produced results before. From 2002 to
2004, Lopez introduced a program in
Pikit—dubbed Balik-Kalipay or Return
to Happiness—as the first programmatic attempt to provide training in

psychosocial healing in a systematic
and sustained manner.
The Balay Rehabilitation Centre has
also established a space of peace in
Pikit, consisting of seven villages, as
well as projects that include establishing child-friendly spaces for psychosocial activities, peace camps, counseling
and life-skills training, peace advocacy,
the promotion of natural farming and
cooperatives as livelihood sources.
“Most communities are engaged in
peace-building efforts, including the
cessation of hostilities. Of course, this
intervention started from an outsider
who once believed that to end the
conflict, one must sow peace,” said
Lascano. “As a result of the early interventions there were a number of areas
where peace zones are declared and
peace efforts were initiated. Later, the
interventions include strengthening and
building the resilience of the people
and the community. These programs,
we can say, sowed hope among the
people as they have learned to work
and live with other people with diverse
cultures, ethnicities and religion. This
proves,” she added, “that peace-building is healing in itself.”

Selling the BBL
“The advent of the consciousness of
the Mindanawans to Right to SelfDetermination,” Lascano continued,
“has also brought hope to the people.
There is no prescription or step-by-step
process for communities in dealing
with hopelessness, but educating the
people of what [they can do] is essential to give them hope.”
This was the spirit in which the BBL
was drafted—to provide the Bangsamoro people a political space that would
secure their identity and posterity and
allow for meaningful self-governance.
“If you’re looking at it from [the perspective of] realistic conflict, maybe
the solution is to do something about
what they are fighting over,” said
Conaco. “The other thing is to move
toward what they call superordinate
solutions, where the groups can work
together to achieve something. In fact,
I think this is one of the elements of
the new BBL. The idea is that we can
all move together towards economic
productivity. We cannot be in perpetual
conflict.”
The problem, however, is that this
idea has to be sold to its audience.
“People should be made aware, for example, of what the provisions are of the
BBL. Also, there should be a clearer
continued on page 6

6 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015

The Plight of the “Bakwit
The story of evacuees in Central M
of the Mamasapano Incident
Khalil Ismael Michael Gomez Quilinguing

S

ince I was a child, my family has been in this situation. We flee, return home and rebuild our lives.
Then we evacuate again; it is never ending.” These were the words of Bai Zahara Alim when she
was interviewed by journalist Ferdinand Cabrera for Davao City-based media cooperative Mindanews.1
Alim and her family were bakwits or among those who had to evacuate their homes in ShariffSaydona, Maguindanao after operations against members of the Bangsamoro Islamic Freedom
Fighters (BIFF) were launched by the armed forces and the Moro Islamic Liberation Front
(MILF).
A corruption of the English word ‘evacuate,’ the term bakwit refers to individuals displaced in areas frequently affected by conflict, in this case, Central Mindanao.
In this recent evacuation, Alim and her neighbors would be affected by military
offensives against the BIFF. The operations were launched in the aftermath of the Mamasapano incident, where 44 police Special Action Force (SAF) died in an attempt
to capture two wanted terrorists.
On January 25 this year, SAF commandos raided in Mamasapano, Maguindanao, what was believed to be a hideout of Malaysian terrorist Zulkifli Abdhir,
more widely known as Marwan, and his Filipino protégé Abdul Ahmad Akmad
Usman, better known as Basit Usman. While Marwan was later confirmed to
have been killed in the operation, the national police anti-terror unit suffered
its heaviest losses in a single day in its 32-year history.
The operation against Marwan and Usman could not have happened at a
more inopportune time. The Government of the Republic of the Philippines
(GRP) and the MILF were in the middle of a massive nationwide information campaign aimed at disseminating information on the Bangsamoro
Basic Law (BBL). The organic act would seal the peace agreement ending
almost four decades of conflict between the government and Muslim
separatists.
A product of years of on-and-off negotiations, the BBL would be the
culmination of the renewed commitment to peace between the Aquino administration and the MILF
leadership which culminated in the signing of the Comprehensive Agreement on the Bangsamoro on
March 2014.2
But all the carefully planned steps towards lasting peace in several areas in Mindanao were put to the
test by the Mamasapano incident. In the days immediately following the death of the SAF commandos,
the national political leadership, the top brass of the military and the police, the media and Filipinos online
and offline question the wisdom of the peace agreement, with the BBL hanging in the balance.
While debates on the BBL, the peace process between the government and the MILF and the Mamasapano operation raged in the halls of power and online, what was hardly discussed in the Senate and the House
or Representatives was the impact of the incident to the local population of Maguindanao and surrounding
provinces.
In the days following the raid, non-government organizations (NGOs) and the Department of Social
Welfare and Development (DSWD) noted the evacuation of several families living near the area of the
incident.
On February 5, 2015, the International Organization for Migration (IOM) noted clashes between the
MILF and the BIFF, as well as another clash on February 15. The firefights between the BIFF and the
MILF resulted in the displacement of several residents and families in Buliok, Kalbugan, Bagoinged in
Pagalungan, Maguindanao.3
According to the IOM, as many as 11,384 families or 58,742 individuals were displaced by the conflict in
Maguindanao and the flooding in nearby North Cotabato between January 23 to February 17, 2015.
Image adapted from a photo by Ruby Thursday, MindaNews, http://www.mindanews.com/photos/bakwit-7/

Healing the Wounds of Mamasapano...
continued from page 5
appreciation of the process [of drafting
it went through],” said Conaco.
Imam Moxsir agrees. “To be honest, the information dissemination and
educational campaign for the BBL is
insufficient. What is the substance of the
BBL? What are its contents? Sometimes
people interpret the law, but the interpretations are flawed. We need to increase
the information and education campaign,
and we need to explain that the BBL is
the key to peace in Mindanao.”
As in any good marketing pitch, to
sell a product—in this case, the BBL—
the alternatives must be presented and
shown as unfavorable. “And what is
the alternative to the peace package?
It’s war. And obviously, that is no decent alternative to peace,” said Conaco.

Moving boundaries
If peace is to have a chance, then it
is up to us to give it that chance—to
make spaces of peace, understanding
and inclusivity where we are, beginning with our minds.
For instance, there are ways to
subvert the human tendency toward
categorical thinking. One way is to get
to know the members of the out-group
on an individual basis, to form relationships with them, and to learn to
see them as people, just like you, “so
you’re more aware of the individual
rather than a lumped, totalized, faceless
whole,” said Conaco.
Another way is to move the boundaries of our mental categories and
divisions outward. “Why within the

Philippines do we have the Muslims,
the Christians, the IPs—all separate
groups? We can go higher in our processing and think, we are all Filipinos
so we are all under the big category of
Filipino. And that category is inclusive.” In this, the education system
can help much by emphasizing what
it means to be Filipino. The media
also has an important role to play as
the other major socializer of society,
along with the government. “[These
three] shape your cognitions about the
Filipino in-group. They can shape our
emotions,” Conaco pointed out.
If one is to work toward peace, then
understanding is critical. “We have to
understand the context of Mindanao,
including its history that is not written in the formal history book, analyze
and confront the situation and players,
educate and enhance the capacity of

the Mindanawan tri-people, and let the
people decide for themselves,” said Lascano. “Dialogues and open discussions
should be encouraged. If we do not know
enough, better not to say anything. We
cannot say that we know Mindanao and
Mindanawan and the issues surrounding them unless we have been living and
working with them, unless we are open
to better understand them and use their
own lens rather than ours.”
The power of religion to draw people
together and spark dialogue is unparalleled, and for Imam Moxsir, interfaith
dialogue among Muslims and Christians is necessary. “We need to open up
the interreligious discourse. The political is just one aspect [of this situation],
but from our perspective, this is also a
spiritual [issue]. The solution here is
dialogue on both sides so that we come
continued on page 7

UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 7

ts”
indanao in the aftermath

By March 2, the number of evacuees or bakwits
was already 8,130 families or 30,130 individuals.
While the earlier report by the IOM was significantly higher, the figure released by the regional
relief arm Autonomous Region in Muslim MindanaoHumanitarian Emergency Action and Response Team
(ARMM-HEART) is solely based on those affected
by the conflict.4 The earlier figure had included individuals also affected by the floods in North Cotabato.
As a result of the displacement of the communities,
GMA News Online reported that local legislators had
even gone to the extent of calling for the declaration
of a state of emergency in the province of Maguindanao. Aside from affecting the communities in the
areas where the military operations were raging, the
displacement of individuals also affected schools in
the area, as these were used as evacuation centers.
The intense fighting between the AFP and the MILF
on one hand and the BIFF on the other would result
inthe increase in the number of bakwits to as many
as 20,247 families or 99,262 individuals by March
15. The National Disaster and Risk Reduction and
Management Council (NDRRMC) noted that these
evacuees came from 14 towns affected by the conflict
and a rido or feud between families.5
As a result of the evacuations, the NDRMMC also
noted that as many as 48 public elementary and high
schools in Central Mindanao were affected by the
displacement of communities. This has also resulted
in the disruption of classes for 20,632 students and
301 teachers.6
On March 15, 2015 combined elements of the military and the police arrestedMohamad Ali Tambako in
Barangay Calumpang, General Santos City, prompting AFP public affairs chief Lt. Col. Harold Cabunoc
to tell the media in a press briefing that operations in
Central Mindanao were nearing their end.7 Cabunoc
also added that as a result of the military offensives in
Central Mindanao, 117 rebels had been killed, while
53 had been wounded. Forty-seven of the fatalities
have been identified by authorities and their relatives.
While Cabunoc’s pronouncements should have
been a signal for bakwits to return to their homes and
their communities, it was only a month later when
government agencies and non-government organizations noted a significant reduction in the number of
displaced families and individuals.

Healing the Wounds of Mamasapano...
continued from page 6
to a mutual understanding and a spirit
of cooperation, so that we understand
that each religion desires peace.”
He also recommends returning to
the basics of our respective religious
beliefs, given that each belief system
has peace in its core. “It is written in
the Holy Quran that if you kill just
one human life, especially an innocent life, it is as if you have killed the
whole world. And if you save just one
life, then it is as if you have saved the
whole world. Let mutual cooperation
and understanding take hold. Let us
not judge, or make interpretations. We
have to know and understand first.”
Ultimately, the key to peace is not
just through laws or blame-casting. It is
through everyday mindfulness—“being
in the here and now, in the present,

According to the United Nations Office for the
Coordination of Humanitarian Affairs (OCHA), about
60percent of the evacuees displaced by the conflict in
Central Mindanao returned to their homes towards the
end of April. From a peak of over 130,000 bakwits,
only 43,900 remained in 32 evacuation centers in
Maguindanao by April 24, 2015.8
In the OCHA report, ARMM-HEART also noted
that while many of the bakwits had returned to their
homes and communities, many fear that they might
have to pack up their belongings again as the security
situation still remained volatile.
Despite these apprehensions, government aid
agencies as well as NGOs continued giving the
bakwitssupport by providing them food packs, water,
sanitation and hygiene implements, as well as health
services. Psychosocial aid and programs, as well
as educational assistance were also provided to the
evacuees.9
About a month after the bakwits started returning
to their homes, and two months after the military
announced the conclusion of the offensive, ARMMHEART reported on May 25, 2015 that 84,980 of the
evacuees affected by the conflict in Maguindanao had
returned to their homes and communities, leaving
40,355 individuals still in the camps.10
Despite the significant decrease in the number of
bakwits and affected communities, the regional aid
organization documented that there were still 30
evacuation centers operating as a result of the conflict
between government forces, the MILF and the BIFF.
These centers are spread among the five remaining
affected municipalities.
ARMM-HEART also noted that despite assurances by the military and government officials of the
restoration of peace in their municipalities, some of
the bakwitshaddecided to remain in the camps for fear
that violence might again erupt in their communities.
And while there was continuing psychosocial aid and
education for the affected individuals, assistance can
only go as far as to give them a semblance of hope
and life in the camps.
Half a year since the pyrrhic raid which set off the
violent chain of events in Maguindanao, the bakwits
are still reeling from the political, social and emotional effects of the events which followed the incident, while political leaders and ordinary citizens in

and facing what you have to face in a
thoughtful, reflective way,” said Lopez.
This means being aware of and empathetic toward people’s feelings and
emotions and personal contexts—of
knowing that each individual needs to
be listened to and to be shown kindness. This goes for everyone, from the
community members, to the families
of the slain combatants, to disaster
relief workers, to office employees, to
jeepney drivers, to social media commenters, to the people on the street.
“[We have to] go back to the minds of
people. Be mindful of the mindsets of
people. What mindset did the Mamasapano incident leave us in the way we
see peace, in the way we see war, in the
way we see Muslims and Christians?
What is of help to us, and what is hurt-

faraway Manila still debate over the ultimate responsibility for the death of the SAF commandos.
Much has been said by political leaders, the military, the academe, the media and ordinary Filipinos
far from the areas of conflict, on the impact of the
Mamasapano incident on how the BBL and the peace
agreement between the government and the MILF
will now be viewed. Very few, however, even mention
the Filipinos displaced by the conflict which resulted
from the botched operation. Still fewer speak of the
plight of the bakwits who still cannot go back to their
homes for fear of renewed conflict—fears born of the
violence brought back to their towns by the raid on
that fateful day in January.
-------------------Email the author at [email protected]
NOTES:

1 Cabrera, F. (2015, March 2). Evacuees in Mindanao bewail
hardships caused by displacement. Mindanews. Retrieved from
http://www.mindanews.com/top-stories/2015/03/02/evacuees-inmaguindanao-bewail-hardships-caused-by-displacement/
2 Sabillo, K. (2014, March 26). What is the omprehensive Agreement
on the Bangsamoro. Philippine Daily Inquirer. Retrieved from
http://newsinfo.inquirer.net/589245/what-is-the-comprehensiveagreement-on-the-bangsamoro
3 International Organization for Migration (IOM) Philippines. (2015,
February 19). Situation Report No.3. IOM Philippines – Response
to displacement due to conflict and natural disaster in Mindanao.
Retrieved from https://www.iom.int/files/live/sites/iom/files/
Country/docs/Sitrep-Mindanao-3-19Feb-2015.pdf
4 Cabrera, F. (2015, March 2). Maguindanao to declare state of
calamity as military offensives vs. BIFF intensifies. GMA News
Online. Retrieved from http://www.gmanetwork.com/news/
story/445421/news/regions/maguindanao-to-declare-state-ofcalamity-as-military-offensive-vs-biff-intensifies
5 Locsin, J.(2015, March 15). Fighting in Maguindanao has displaced
close to 100k people, NDRRMC says. GMA News Online.
Retrieved from http://www.gmanetwork.com/news/story/452893/
news/regions/fighting-in-maguindanao-has-displaced-close-to100k-people-ndrrmc-says
6 Ibid.
7 Fernandez, A. (2015, March 17). AFP: All-out offensive vs. BIFF
nearing end; 117 rebels killed. GMA News Online. Retrieved from
http://www.gmanetwork.com/news/story/453949/news/regions/
afp-all-out-offensive-vs-biff-nearing-end-117-rebels-killed
8 Office for the Coordination of Humanitarian Affairs (OCHA). (2015,
April 1-30). Humanitarian Bulletin: Philippines. Issue 4. Retrieved
from http://reliefweb.int/sites/reliefweb.int/files/resources/
OCHAPhilippines%20Humanitarian%20Bulletin%20No4%20
%28April%202015%29%20FINAL.pdf
9 Ibid.
10 Bureau of Public Information.(2015, May 25). About 85,000 IDPs
return home in Maguindanao: Autonomous Region in Muslim
Mindanao. Retrieved from http://www.armm-info.com/2015/05/
about-85000-idps-return-home-in-maguindanao.html

ful to us? And we must sensitize our
people about war. Media will not be the
proper source. It makes us aware, but it
is not the source of right thinking.”
“We have to do the work,” said
Conaco. “And there’s a lot of work…
But the big thing really is we must give
peace a chance. [Because] what is the
alternative, really? It’s all we have.”
-------------------Email the author at [email protected].
NOTES:
1 Schiavo-Campo, Salvatore, and Judd, Mary.
(2005, February). The Mindanao conflict in
the Philippines: Roots, costs, and potential
peace dividend. Social Development
Papers, Conflict Prevention and
Reconstruction, Paper No. 24. Washington:
The World Bank Social Development
Department. Retrieved from http://wwwwds.worldbank.org/external/default/
WDSContentServer/WDSP/IB/2005/03/28
/000011823_20050328152733/Rendered/
PDF/31822.pdf
2 See the following:

Fernandez, Edwin. (2015, February 17.)
15,000 flee from MILF, BIFF fighting in
North Cotabato, Maguindanao. Inquirer.
net. Retrieved from http://newsinfo.
inquirer.net/673519/15000-flee-frommilf-biff-fighting-in-north-cotabatomaguindanao#ixzz3g2ScgOF4
Maitem, Jeoffrey and Manlupig, Karlos. (2015,
February 18). BIFF rebels torch MNLF
homes in Pikit, North Cotabato. Inquirer.
net. Retrieved from http://newsinfo.inquirer.
net/673661/biff-rebels-torch-mnlf-homes-inpikit-north-cotabato#ixzz3g2SqBQrb
Inquirer.net. (2015, February 22). Military
launches offensive vs BIFF. Retrieved from
http://newsinfo.inquirer.net/674368/militarystarts-assault-vs-biff-in-maguindanao-northcotabato
Balana, Cynthia D. and Manlupic, Karlos.
(2015, February 26). AFP launches allout offensive against BIFF. Inquirer.net.
Retrieved from http://newsinfo.inquirer.
net/675424/afp-launches-all-out-offensiveagainst-biff
3 Internal Displacement Monitoring Centre.
(n.d.). Philippines IDP figures analysis.
Retrieved from http://www.internaldisplacement.org/south-and-south-eastasia/philippines/figures-analysis

8 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015

Be on the Right Side
of History!
...continued from page 1

(Note: This is the sponsorship speech for HB 5811 delivered by Rep. Rodriguez at
the Plenary Hall of the House of Representatives on June 1, 2015.)
Rep. Rufus B. Rodriguez
Chairperson, Ad Hoc Committee on the Bangsamoro Basic Law
6734, ENTITLED “AN ACT PROVIDING FOR AN ORGANIC ACT FOR
THE AUTONOMOUS REGION IN
MUSLIM MINDANAO”
This measure took years in the making,
paid for by the blood and tears of our
people. This measure has brought to the
fore the need to address the issues that
have stunted the otherwise robust growth
of Mindanao.
Mindanao is the second largest island
of the Philippines and home to 24
percent of the Filipino population. This
represents at least 18 million people of
highly diverse ethnicities, cultures and
ways of life. The people of Mindanao
are basically divided into three groups,
the Moro, the Lumad and the Christian
settlers.
The national government has ignored
Mindanao and marginalized its indigenous and Muslim populations. Education, services and opportunities for
Mindanao’s distinct populations have
been consistently inadequate over time.
This is why there is conflict.
In a paper titled, The Mindanao Conflict in the Philippines: Roots, Costs, and
Potential Peace Dividend written by Salvatore Schiavo-Campo and Mary Judd
Long (Social Development Paper, The
World Bank: February, 2005), the authors
mentioned that the Mindanao conflict
is the second oldest on earth, after the
conflict between North and South Sudan.
The long history of the conflict can be
summarized as follows: “Before the arrival of the Spaniards in the 16th century,
Mindanao has already been in contact
with Muslim traders from Indonesia
and Malaysia long before the Spaniards
which resulted in the conversion to Islam
of the inhabitants, and the formation of
the Muslim Sultanates of Maguindanao
and Sulu, among others. When the
Spaniards arrived, Luzon and most of the
Visayas were subdued and converted to
Catholicism, but they never succeeded in
Mindanao. When the Americans came,
Mindanao was brought under control
of the national government after the
end of the Philippine-American War.”
Despite this, hostility and conflict have
remained endemic until today. According
to the same paper, the Philippines was
comparatively calm for a period after it
was granted independence in 1946, but
conflict flared up again in the late 1960’s
as growing numbers of Christians settled
in Mindanao. Settlers arrived particularly
from Central Luzon and Panay Island in
the Visayas. The resettlement was fostered by a deliberate policy of the central
government in Manila and eventually
resulted in Mindanao having a Christian
majority overall, with Muslim-majority
areas concentrated in the central and
southwestern regions.
Overall, although religious differences
have partly shaped it, the roots of the
conflict have been the clash of interests
in land and other natural resources, and

the identity issues emerging from the
de facto second-class status of much of
the Moro population. Complicating the
picture is the fact that indigenous peoples
have historically been pushed aside
and displaced from the lowlands to the
highlands.
Starting from the administration of
President Ferdinand Marcos, the government has made several attempts to
forge a negotiated peace settlement with
the Moro rebels, realizing that a purely
military solution to the problem was not
the answer.
The 1976 Tripoli Agreement with the
Moro National Liberation Front (MNLF)
provided for the immediate cessation of
armed hostilities between the two parties
and established the framework for an
autonomous region for the Muslims in
Mindanao. President Corazon Aquino
fulfilled the provisions of the Tripoli
Agreement on the condition that it should
follow the Constitutional process of
holding a plebiscite to determine which
among the provinces specified in the
Tripoli Agreement would opt to become
part of the autonomous region.
President Fidel Ramos continued
the peace initiative which resulted in
the signing of a peace accord with the
MNLF under Nur Misuari.
Under President Joseph Estrada’s
administration, the threat no longer
emanated from the MNLF because many
MNLF officials had joined government
or were elected local government officials with tacit support from the central
administration. The new challenge emanated from the Moro Islamic Liberation
Front (MILF), a breakaway group from
the MNLF. President Estrada declared
an “all-out war policy” and mobilized
a large military contingent to capture
several MILF camps, including its main
headquarters in Camp Abubakar.
The administration of President Gloria
Macapagal-Arroyo initially declared an
“all-out-peace” policy with the MILF
but was forced to temporarily abandon
it when the military launched another
assault on MILF-controlled territories in
pursuit of “criminal elements” operating there. But peace was again restored
when the MILF under Chairman Murad
Ebrahim forged a ceasefire agreement
with the government.”
Under the leadership of President
Benigno S. Aquino III, peace talks
continued with MILF chair Murad "Al
Haj" Ebrahim and the President,who
even had an unprecedented meeting in
Japan where both agreed to expedite the
peace process. The Framework Agreement on the Bangsamoro was eventually
signed, followed by the Comprehensive
Agreement on the Bangsamoro (CAB)
with President Aquino saying, “I will not
let peace be snatched from my people
again. Not now when we have already
undertaken the most significant steps to
achieve it.” And finally, the proposed

Bangsamoro Basic Law was submitted
to both Houses of Congress.
We all know what happened next.
Twenty-four public hearings (conducted
in Luzon, Visayas and Mindanao), 19
regular meetings and eight executive
sessions, for a total of 51 meetings, were
conducted by the Ad Hoc Committee in
a span of eight months—from the time
it was formally organized on September
16, 2015 up to May 20, 2015.
We invited to these meetings heads of
departments and of government agencies, local chief executives (including
members of local legislative bodies),
deans of various law schools, members
of the academe, legal luminaries/experts
in constitutional law, non-governmental
organizations, civil society organizations
and people’s organizations, labor groups

and chambers of commerce. Public consultations were attended by the general
public, who were able to voice their
opinions and concerns about the bill, and
its possible impact on their lives, their
families and their communities.
This is the most inclusive and comprehensive consultation for a piece of
legislation in the entire history of our nation since the start of the first Philippine
Assembly in 1907.
The Ad Hoc Committee has heard
all sides of the issue. We have made
several amendments to the initial draft,
incorporated several proposals from our
esteemed colleagues, and on May 18
and 19, voted on each and every section,
line-by-line, on the Chairman and Vice
Chairperson’s working draft.
On May 18, the Committee had apcontinued on page 22

UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 9

A Country without Heroes
Is a Country without Soul
(Note: This is the sponsorship speech for SB 2894, the substitute bill for the BBL
delivered by Sen. Marcos at the Senate on August 12, 2015.)
Sen. Ferdinand “Bongbong” R. Marcos, Jr.
Chairman, Senate Committee on Local Government and the Committee on Public Works

W

e stand now at a crossroads of
our nation’s history, and are
faced with a momentous choice. We
can move forward, or we can fall back.
We can descend into war and death, or
create peace and prosperous life.
I am sure that we all agree that there
is only one clear, resounding choice we
can accept: the choice of peace. Peace
is the clarion call of our time. Peace is
the cry of our people. And so, peace
there shall be. Peace in Mindanao,
peace throughout our land.
But peace cannot be achieved and
cannot be sustained if it is not an inclusive, all-embracing peace. Peace cannot only be for the benefit of Muslims,
or Christians, or only for the MILF, or
the MNLF, or the BIFF. Peace cannot
distinguish between Filipino and Moro,

between Tausug and Maranao, between
Lumads and other indigenous peoples.
Peace must embrace all faiths and all
peoples. Peace must respect and uplift
all cultures and beliefs. Peace is not
and cannot be exclusive; it is inclusive.
War and conflict is not an option. It
never was, never will be, and never
should be. After the tragedy of Mamasapano, the desire for vengeance
could seduce even the peace-minded.
And sadly, in our midst even today,
there are those who insist that total war
against the MILF and other rebellious
movements is the real solution.
That is wrong, but understandable.
Who could not feel rage and anguish,
after seeing the courageous SAF 44
mercilessly slaughtered by elements of
the MILF and BIFF, some even after
they were wounded, disarmed, and

helpless, their equipment and even personal effects stripped from them and
passed around as war trophies, or sold
on the black market to be used later
against their own comrades?
That we have not responded with
violent revenge is a blessing we owe to
the widows and families of our fallen
SAF 44, who have displayed courage
and a burning desire for peace every
bit the equal of their slain loved ones.
In the midst of personal grief and loss
we can scarcely imagine, they have
shown us the grace of choosing the
righteous path. They asked only that
justice be served. They choose this
path despite their families having
been torn apart. They choose this path
despite their brave loved ones having
been abandoned by their leaders, first
in a hopeless battle in which
they were outnumbered and
outgunned, and many times after,
when their government failed—
nay, rejected—every opportunity
to honor the fallen SAF 44 with
the decency, respect, and honor
befitting those who have given
their lives for our country.
They choose the path of peace.
And so shall we.
Our heroes died for peace, and
we honor them because a country
without heroes is a country without a soul.
This is why the Basic Law of
the Bangsamoro Autonomous
Region we have created with
great effort and the help of many
people is so important. Our
heroes are best honored with
deeds, not words, and there can
be no greater honor than to finish
the task for which they gave their
lives, because in honoring our
heroes, we honor the Philippines,
and all its diverse people.
We should not, and we cannot
fail them.
I accepted the challenge and
made a commitment to correct the
many flaws of the original Bangsamoro
Basic Law because I believe in peace.
I recognize, as our people do, that this
law is necessary to achieve that peace.
But it can only meet that sacred goal if
it is a law that is constitutional, a law
that is all-embracing, inclusive of all
who have been tragically affected by
the conflict as well as every Filipino,
a law that honors our heroes and what
they fought and died for.
And so we proceeded carefully, with
respect for the future we are all trying
to create for this country. We proceeded by being inclusive, and inviting the consultation of every affected
stakeholder. We proceeded according
to the laws of our land, and the desire
of every Filipino for peace.
We proceeded in this careful,

thoughtful way because unfortunately,
our leadership did not. From the very
beginning, the Bangsamoro Basic Law
and the “comprehensive” agreement
from which it was derived were not
inclusive.
From secret meetings in hotel rooms,
held in faraway places at the sole discretion of the President of the Republic
and disregarded the constitutional authority of this very body in deliberating
treaties; to the hasty accession to every
demand of the MILF by our negotiating team; to the exclusion of all other
stakeholders, the conduct of talks and
creation of the Bangsamoro Basic Law
in its original version only served to
raise fears and suspicions. Many of our
people have accused these leaders of
‘selling out,’ and putting the peaceful
integrity of our republic at grave risk.
Some have even gone so far as to characterize the conduct of these leaders as
treasonous.
Many have openly questioned, as
do I, why Malaysia was invited to be
the facilitator and moderator of these
talks. Malaysia, which stubbornly
refuses to recognize our rightful claim
to Sabah. Malaysia, which has, at least
in the recent past, given shelter and
aid to separatists and terrorists against
the Filipino people. Malaysia is not a
disinterested party, whose only goal is
to aid the creation of peace. Malaysia’s
involvement only raises suspicions
about the loyalties of those in the new
Bangsamoro region, and raises justifiable fears of the “balkanization” of our
land, and the irretrievable loss of our
rightful territory in Sabah.
Obviously, I would not have chosen
Malaysia to assist us in this all-important endeavor. I suspect many of you
would not have done so, either. That,
however, cannot be undone now.
But what can be undone, and what
we have undone, are the unacceptable
and harmful conditions and provisions
our President and our negotiating team
thoughtlessly accepted in their haste to
earn accolades for their work.
Let me be clear: we strive for peace.
We must have peace, and we shall have
peace. But we will not have peace at
the expense of our sovereignty. We
will not have peace by surrendering
our land at the behest of the leadership
of Malaysia, which, while a respected
neighbor and valuable regional partner in many other ways, seeks only to
advance its own interests in Mindanao
and Sabah at the expense of the people
of the Philippines. We cannot have a
peace that violates our own supreme
law, the Constitution. And we certainly
will not have peace if it excludes even
one of the many groups who have suffered through the long years of conflict
and the poverty it has caused.
continued on page 16

10 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015

Salient Amendments by
Congress to the Bangsamoro
Basic Law through HB 5811
Jo. Florendo B. Lontoc

O

n September 16, 2014, the House of Representatives (HR) formed an ad
hoc committee to conduct hearings on the Bangsamoro Basic Law. Led by
Congressman Rufus Rodriguez, the Committe worked on House Bill 4994, the
original HR version of the BBL.
Rodriguez conducted 24 public hearings in Luzon, Visayas, and Mindanao,
and 19 regular meetings and eight executive sessions, or a total of 51 meetings,
in a span of eight months from the time the committee was organized up to
May 20, 2015, when the committee completed a final draft.
"This is the most inclusive and most comprehensive consultation for a piece
of legislation in the entire history of our nation, since the start of the first Philippine Assembly in 1907," Rodriguez said.
On May 20, 2015, with a vote of 50 in favor, 17 against and 1 abstention, the
committee approved the Committee Report with an attached 91-page substitute
bill to House Bill No. 4994.
On June 1, 2015, Rodriguez brought the substitute bill, HB 5811, to the plenary for approval. It was still being deliberated as of press time.
The substitute bill differs from the original BBL in
• specifying Bangsamoro as an autonomous region;
• considering the 1976 Tripoli Agreement area of autonomy in defining "contiguous territory";
• reverting the offices of the Ombudsman, Civil Service, and Audit to regional extensions of the corresponding national government agencies;
• including provisions for supervisory powers of and cooperation with
national government and national government agencies, particularly on
human rights, peace and order, external defense, and external economic
agreements;
• highlighting the supremacy of the Philippine Constitution, sovereignty and
territorial integrity;
• deletion of provisions for a titular head;
• applying the Indigenous Peoples’ Rights Act, the UN Declaration of the
Rights of Indigenous Peoples, and the United Nations Declaration on Human Rights in recognizing non-Moro IP constituents;
• and the national government having authority over strategic minerals such
as uranium, petroleum, and other fossil fuels, mineral oils, and all sources
of potential energy.
In a report in the Philippine government's Official Gazette, the Office of the

Salient Deletio
to Co
HOUSE BILL NO. 4994

SUBSTITUTE HOUSE BILL NO. 5811

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

AN ACT PROVIDING FOR
THE BASIC LAW FOR THE
BANGSAMORO AUTONOMOUS
REGION, 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”

PREAMBLE

PREAMBLE

XXX XXX XXX
In consonance with the Constitution
and the universally accepted
principles of human rights, liberty,
justice, democracy, and the norms
and standards of international
law, reflective of our system of
life prescribed by our faith, and in
harmony with our customary laws,
cultures and traditions;

Article I
NAME AND PURPOSE

Presidential Adviser on the Peace Process quoted Philippine chief peace negotiator Miriam Coronel Ferrer as praising HB 5811 for retaining the three most
substantive elements of the BBL.
“The important elements are still there, notably the structure of government;
the automatic block grant; and the layered voting process through which the
majority vote in the six Lanao del Norte municipalities and 39 North Cotabato
barangays shall be determined at the level of the local government unit,” she said.
Ferrer also said the substitute bill preserves the spirit of political and fiscal
autonomy.
She cited a provision for the Chief Minister to have two deputies, one from the
island provinces and another from central Mindanao, as a substantial change.
“The welfare of the indigenous peoples has been enhanced. The same is true
with the protection of women’s rights and welfare. While there were cutbacks
on the jurisdiction of the Bangsamoro government over natural resources, the
wealth-sharing from the exploration, development, and utilization of these
resources were not changed,” Ferrer was quoted in the gazette.
-------------------Email the author at [email protected].

Article I
NAME AND PURPOSE

Section 1. Short Tile. – This law
shall be known and cited as the
“Bangsamoro Basic Law.”

SECTION 1. Short Title.– This law
shall be known and cited as the
“Basic Law of the Bangsamoro
Autonomous Region.”

Section 2. Name. – The name of the
political entity under this Basic Law
shall be the Bangsamoro.

SEC. 2. Name. – The name of the
political entity under this Basic
Law shall be the Bangsamoro
Autonomous Region.

Article III
TERRITORY

Photo from the Office of the Presidential Adviser on the Peace Process website, http://opapp.gov.ph/media/photos

XXX XXX XXX
Within the framework of the
Constitution and national
sovereignty as well as the
territorial integrity of the Republic
of the Philippines, the universally
accepted principles of human rights,
liberty, justice, democracy, and the
norms and standards of international
law, reflective of our system of
life prescribed by our faith, and in
harmony with our customary laws,
cultures and traditions;

Section 3. Contiguous Territory. –
The areas which are contiguous and
outside the core territory may opt at
any time to be part of the territory
upon petition of at least ten (10%) of
the registered voters and approved
by a majority of qualified votes cast
in a plebiscite.

Article III
GEOGRAPHICAL AREA OF THE
BANGSAMORO AUTONOMOUS
REGION
SEC. 3. Contiguous Territory.
– Any local government unit
or geographic area outside
the territorial jurisdiction of
the Bangsamoro but which are
contiguous to any of the component
units of the Bangsamoro and within
the area of autonomy identified in
the 1976 Tripoli Agreement, may
opt to be part of the Bangsamoro
by filing a petition of at least ten
percent (10%) of the registered
voters of the interested local
government unit or geographic
area. The inclusion of the local
government unit or geographic
area in the Bangsamoro shall
be effective upon approval by a
majority of the votes cast in the
plebiscite of the political units
directly affected. Petitions for
inclusion may only be filed on the
fifth (5th) and tenth (10th) year
following the enactment of this Basic
Law.
The schedule of the plebiscite
shall be determined by the
Commission on Elections.

UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 11

ons and Amendments to the Original HB 4994
nform to the Philippine Constitution
Rep. Rufus B. Rodriguez
Chairman, Ad Hoc Committee on the Bangsamoro Basic Law
HOUSE BILL NO. 4994

SUBSTITUTE HOUSE BILL NO. 5811

Article IV
GENERAL PRINCIPLES
AND POLICIES

Article IV
GENERAL PRINCIPLES
AND POLICIES

Section 5. Promotion of Unity. The Bangsamoro Government shall
promote unity, peace, justice, and
goodwill among all peoples, as well
as encourage a just and peaceful
settlement of disputes.
The Bangsamoro abides by the
principle that the country renounces
war as an instrument of national
policy, adopts the generally accepted
principles of international law as part
of the law of the land and adheres to
the policy of peace, equality, justice,
freedom, cooperation, and amity with
all nations.

SEC. 5. Promotion of Unity. – The
Bangsamoro Government shall
promote unity, peace, justice, and
goodwill among all peoples, as well
as encourage a just and peaceful
settlement of disputes.
(2nd paragraph is Deleted)

Article V
POWERS OF GOVERNMENT

Article V
POWERS OF GOVERNMENT

Section 1. Reserved Powers. –
Reserved powers are matters over
which authority and jurisdiction are
retained by the Central Government.
The Central Government shall
exercise the following reserved
powers:
1. Defense and external security;
2. Foreign policy;
3. Coinage and monetary policy;
4. Postal service;
5. Citizenship and naturalization;
6. Immigration;
7. Customs and tariff as qualified
by Section 2(10), Article V of this
Basic Law;
8. Common market and global
trade, provided that the power to
enter into economic agreements
given to the ARMM under R.A.
9054 is hereby transferred to
the Bangsamoro Government as
provided in Article XII, Section 25
of this Basic Law; and
9. Intellectual property rights.

SECTION 1. Reserved Powers. –
Reserved powers are matters over
which authority and jurisdiction
are retained exclusively by the
National Government. The National
Government shall exercise the
following reserved powers:
1. National defense and national
security;
2. Foreign policy;
3. Banking, coinage and monetary
policy;
4. Postal service;
5. Citizenship and naturalization;
6. Immigration;
7. Powers of the Ombudsman;
8. Customs and tariff as qualified
by Section 2 (10), Article V of this
Basic Law;
9. Common market and global trade,
provided that the power to enter
into economic agreements given to
the Autonomous Region of Muslim
Mindanao (ARMM) under Republic
Act No. 9054 is hereby transferred
to the Bangsamoro Government as
provided in Section 25, Article XII
of this Basic Law;
10. Intellectual property rights; and
11. All other powers not granted to
the Bangsamoro Government by
this Basic Law.

Section 2. Concurrent Powers. –
Concurrent powers shall refer to the
power shared between the Central
Government and the Bangsamoro
Government within the Bangsamoro,
as provided in the Basic Law.
The Central Government and
the Bangsamoro Government shall
exercise shared powers within the
Bangsamoro on the following matters:

SEC. 2. Concurrent Powers. –
Concurrent powers refer to the
powers shared between the National
Government and the Bangsamoro
Government within the Bangsamoro
as provided in this Basic Law.
The National Government and
the Bangsamoro Government shall
exercise shared powers within the
Bangsamoro on the following matters:

7. Auditing. – The Bangsamoro
auditing body shall have auditing
responsibility over public funds
utilized by the Bangsamoro, without
prejudice to the power, authority and
duty of the National Commission
on Audit (COA). The Bangsamoro
Government shall ensure
transparency mechanisms consistent
with open government practices.

g. Auditing. – The Bangsamoro
auditing body shall have
internal auditing responsibility
over revenues and other funds
generated within or by the region
from external sources. This
shall be without prejudice to the
power, authority, and duty of the
Commission on Audit to examine,
audit, and settle all accounts
pertaining to the revenues and
the use of funds and property
owned and held in trust by any
government instrumentality,
including government-owned and
-controlled corporations (GOCCs).

HOUSE BILL NO. 4994
8. Civil Service. – The Bangsamoro
Government shall develop and
administer a professional civil
service corps, to include the powers
and privileges on civil service
matters provided in R.A. No. 9054,
and without prejudice to the power,
authority, and duty of the national
Civil Service Commission.
There is hereby created a
Bangsamoro Civil Service office
that shall develop and administer
a professional civil service corps,
without prejudice to the power,
authority and duty of the national
Civil Service Commission. The
Bangsamoro Government shall
enact a civil service law for this
purpose. This law shall govern
the conduct of civil servants,
the qualification for non-elective
positions, adopt the merit and
fitness system, and protect
civil service eligible in various
government positions, including
government-owned and/or
controlled corporations with original
charters, in the Bangsamoro.
The Bangsamoro Government
shall have primary disciplinary
authority over its own officials and
employees.

Article VI
INTERGOVERNMENTAL RELATIONS
Section 1. Asymmetric
Relationship. – The relationship
between the Central Government
and the Bangsamoro Government
shall be asymmetric. This is
reflective of the recognition of their
Bangsamoro identity, and their
aspiration for self-governance. This
makes it distinct from other regions
and other local governments.

SUBSTITUTE HOUSE BILL NO. 5811
h. Civil Service. – The Bangsamoro
Government shall develop and
administer a professional civil
service corps, to include the powers
and privileges on civil service
matters provided in Republic Act
No. 9054, and without prejudice to
the power, authority and duty of the
Civil Service Commission.
There is hereby created a
Civil Service Office for the
Bangsamoro Autonomous Region
that shall develop and administer
a professional civil service
corps, without prejudice to the
power, authority, and duty of the
Civil Service Commission. The
Bangsamoro Government shall
enact a civil service law for this
purpose. This law shall govern
the conduct of civil servants,
the qualification for non-elective
positions, the merit and fitness
system, and the protection of
civil service eligibles in various
government positions, including
government-owned and/or
controlled corporations with original
charters, in the Bangsamoro
Autonomous Region. The Civil
Service Office will be monitored,
regulated, and supervised by the
Civil Service Commission.
The Bangsamoro Government
shall have disciplinary authority
over its own officials and
employees. The disciplining
authority of the Bangsamoro
Government over its own officials
and employees is without prejudice
to the Constitutional powers, duties,
and authority of the Office of the
Ombudsman to investigate any act
or omission of any public official,
employee, office, or agency.

Article VI
INTERGOVERNMENTAL RELATIONS
SECTION 1. Asymmetric
Relationship. – The relationship
between the National Government
and the Bangsamoro Government
is asymmetric. This is reflective of
the recognition of the Bangsamoro
identity and the aspiration for
self-governance. This makes
it distinct from other regions
and other local governments.
Asymmetric relationship refers
to the relationship between the
National Government and the
Bangsamoro Government as an
autonomous region, as provided
under Section 15, Article X of
the 1987 Constitution, wherein
the autonomous regions are
granted more powers and less
intervention from the National
Government compared to
other territorial and political
subdivisions.

Continued on page 12

12 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015

Salient Deletions and Amendments to the Original HB 4994...
continued from page 11
HOUSE BILL NO. 4994

SUBSTITUTE HOUSE BILL NO. 5811

Article VII
THE BANGSAMORO GOVERNMENT

Article VII
THE BANGSAMORO GOVERNMENT

Section 9. Bangsamoro Electoral
Code. – The Bangsamoro Transition
Authority shall enact the Bangsamoro
Electoral Code, which shall be correlated
to national election laws, insofar as these
are consistent with this Basic Law. The
electoral system shall allow democratic
participation, ensure accountability of
public officers primarily to their constituents
and encourage formation of genuinely
principled political parties.
There is hereby created a Bangsamoro
Electoral Office which shall be a part of the
Commission on Elections, and which shall
perform the functions of the Commission
on Elections in the Bangsamoro. The
Bangsamoro Parliament shall submit
a list of three (3) recommendees to the
President, who shall choose and appoint
from among them the Director General,
who shall head the Office. In addition to
enforcing national election laws in the
Bangsamoro Electoral Code enacted by
Parliament in the Bangsamoro, and shall
perform the following functions:
XXX XXX XXX
Article VIII
WALI

SEC. 10. Bangsamoro Electoral Code.
– The Bangsamoro Transition Authority
shall enact the Bangsamoro Electoral
Code, which shall be correlated to
national election laws, insofar as these
are consistent with this Basic Law. The
electoral system shall allow democratic
participation, ensure accountability
of public officers primarily to their
constituents and encourage formation
of genuinely principled political parties.
There is hereby created a
Bangsamoro Electoral Office which
shall be the Regional Office of the
Commission on Elections, and which
shall perform the functions of the
Commission on Elections in the
Bangsamoro Autonomous Region. In
addition to enforcing national election
laws in the Bangsamoro Autonomous
Region, the Bangsamoro Electoral
Office shall likewise implement the
Bangsamoro Electoral Code enacted
by the Bangsamoro Parliament, and
shall perform the following functions:
XXX XXX XXX
(All 4 sections on Wali are deleted)

Section 1. Titular Head of the
Bangsamoro. – There shall be a Wali
who shall be the titular head of the
Bangsamoro. As titular head, the Wali
shall take on only ceremonial functions.
The Wali, as part of the Bangsamoro
Government, shall be under the general
supervision of the President.

(Deleted)

Section 2. Appointment of Wali. – The
Bangsamoro Parliament shall issue a
resolution reflecting its consensus on the
selection of the Wali from a list of names
of eminent residents of the Bangsamoro
submitted by the Council of Leaders.

(Deleted)

Section 3. Term of Office Wali. – The
first Wali shall be appointed by the
Bangsamoro Transition Authority (BTA)
and shall hold office for three (3) years.
Each succeeding Wali shall have a term
of six (6) years.

(Deleted)

Section 4. Allowances of the Wali. –
The first Wali shall receive allowances
in such amount as may be determined
by the BTA. The allowances of the Wali
subsequently chosen shall be determined
by the Bangsamoro Parliament.
Such allowances shall be sourced
from the funds of the Bangsamoro
Government and shall be provided for in
its annual appropriations law.

(Deleted)

Article IX
BASIC RIGHTS
Section 5. Indigenous People’s
Rights. – The Bangsamoro Government
recognizes the rights of the indigenous
peoples, and shall adopt measures for
the promotion and protection of their
rights, the right to their native titles and/
or fusaka inged, indigenous customs
and traditions, justice systems and
indigenous political structures, the right to
an equitable share in revenues from the
utilization of resources in their ancestral
lands, the right to free and prior informed
consent, right to the political participation
in the Bangsamoro Government
including reserved seats and the right to
freedom of choice as to their identity.

HOUSE BILL NO. 4994
Section 6. Customary Rights and
Tradition. – The customs, beliefs
and traditions of the people in the
Bangsamoro are hereby recognized,
protected and guaranteed.
The Bangsamoro Parliament shall
adopt measures to ensure mutual
respect and protection of the distinct
beliefs, customs and traditions of the
Bangsamoro people and the other
inhabitants in the Bangsamoro.
No person in the Bangsamoro
shall be subjected to any form of
discrimination on account of creed,
religion, ethnic origin, parentage, or
sex.

SEC. 6. Customary Rights and
Traditions. – The customs, beliefs
and traditions of the people in the
Bangsamoro Autonomous Region
are hereby recognized, protected and
guaranteed.
The Bangsamoro Parliament shall
adopt measures to ensure mutual
respect and protection of the distinct
beliefs, customs and traditions of the
Bangsamoro people and the other
inhabitants in the Bangsamoro.
No person in the Bangsamoro
Autonomous Region shall be
subjected to any form of discrimination
on account of creed, religion, ethnic
origin, parentage, or sex.

Section 7. Bangsamoro Human
Rights Commission. – There is
hereby created a Bangsamoro
Human Rights Commission, which
shall be independent and impartial, to
ensure the promotion and protection
of human rights in the Bangsamoro.
In the performance of its mandate,
the Commission may exercise,
among others, investigatory powers,
prosecutorial powers and powers to
compel attendance of witnesses and
the production of evidence.
The Commission shall submit a
report on its activities and performance
at least once a year to the
Bangsamoro Parliament. Other state
instrumentalities in the Bangsamoro
shall assist the Commission and
ensure its independence, impartiality,
dignity and effectiveness. The
Commission shall have a coordinative
and complementary relationship with
the National Commission on Human
Rights in carrying out its mandate.
Details pertaining to the
establishment of the Commission, such
as membership of the Commission,
terms of office, and competencies and
responsibilities, shall be provided by
the Bangsamoro Parliament consistent
with the provisions of the Basic Law.

SEC. 7. Bangsamoro Human Rights
Commission. – There is hereby
created a Bangsamoro Human
Rights Commission, which shall be
impartial, to ensure the promotion
and protection of human rights
in the Bangsamoro Autonomous
Region. In the performance of its
mandate, the Bangsamoro Human
Rights Commission may exercise,
among others, investigatory powers,
and powers to compel attendance
of witnesses and the production of
evidence.
The Bangsamoro Human Rights
Commission shall submit a report
on its activities and performance
at least once a year to the
Bangsamoro Parliament. Other state
instrumentalities in the Bangsamoro
shall assist the Bangsamoro Human
Rights Commission and ensure its
independence, impartiality, dignity
and effectiveness. The Bangsamoro
Human Rights Commission shall be
independent from the Bangsamoro
Government and shall be under the
supervision of the Commission on
Human Rights in carrying out its
mandate.
Details pertaining to the
establishment of the Bangsamoro
Human Rights Commission, such
as membership, terms of office, and
competencies and responsibilities,
shall be provided by the Bangsamoro
Parliament consistent with the
provisions of this Basic Law.

Article XI
PUBLIC ORDER AND SAFETY

Article IX
BASIC RIGHTS
SEC. 5. Non-Moro Indigenous People’s
Rights. – The Bangsamoro Government
recognizes the rights of the non-Moro
indigenous peoples, and shall adopt
measures for the promotion and protection
of their rights, the right to their native titles
or fusaka inged, indigenous customs and
traditions, justice systems and indigenous
political structures, the right to an equitable
share in revenues from the utilization of
resources in their ancestral lands, the right
to free and prior informed consent, right to
political participation in the Bangsamoro
Government including reserved seats for
the non-Moro indigenous peoples in the
Bangsamoro Parliament, the right to basic
services and the right to freedom of choice
as to their identity in accordance with
the Indigenous Peoples’ Rights Act,
the Untied Nations Declaration of the
Rights of Indigenous Peoples and the
United Nations Declaration on Human
Rights.

SUBSTITUTE HOUSE BILL NO. 5811

Article XI
PUBLIC ORDER AND SAFETY

Section 1. Public Order and Safety.
– The Bangsamoro Government
shall have primary responsibility
over public order and safety within
the Bangsamoro. There shall be
cooperation and coordination between
the Central Government and the
Bangsamoro Government through
the intergovernmental relations
mechanism.

SECTION 1. Public Order and Safety.
– The Bangsamoro Government
shall have joint responsibility with
the National Government over
public order and safety within the
Bangsamoro Autonomous Region.

Section 2. Bangsamoro Police. –
There is hereby created a Bangsamoro
Police which shall be organized,
maintained, supervised, and utilized
for the primary purpose of law
enforcement and maintenance of
peace and order in the Bangsamoro. It
shall be part of the Philippine National
Police.
XXX XXX XXX

SEC. 2. Bangsamoro Police. – There
is hereby created a Bangsamoro
Police which shall be organized,
maintained, supervised, and utilized
by, and be an integral part of the
Philippine National Police. Its primary
purpose is law enforcement and
maintenance of peace and order in the
Bangsamoro Autonomous Region in
accordance with the Constitution and
existing laws.
XXX XXX XXX

Section 14. National Support
Services. – The relationship between
the Bangsamoro Police and the
national support services of the
Philippine National Police shall be
determined by the intergovernmental
relations body.

(Deleted)

Continued on page 13

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Salient Deletions and Amendments to the Original HB 4994...
continued from page 12
HOUSE BILL NO. 4994
Section 15. Defense and Security.
– The defense and security of the
Bangsamoro shall be the responsibility
of the Central Government. The Central
Government may create a Bangsamoro
Command of the Armed Forces of
the Philippines for the Bangsamoro,
which shall be organized, maintained,
and utilized in accordance with
national laws. Qualified inhabitants
of the Bangsamoro shall be given
preference for assignments in the said
Bangsamoro Command.

Section 17. Coordination. – The
Central Government and the
Bangsamoro Government shall
establish coordination protocols, which
shall govern the movement of the
Armed Forces of the Philippines in the
Bangsamoro.
Article XII
FISCAL AUTONOMY
Section 2. Auditing. – All public
funds of the Bangsamoro are subject
to auditing. For this purpose, a
Bangsamoro Commission on Audit
(BCA) is hereby created. It shall have
the power, authority, and duty to
examine, audit and settle all accounts
pertaining to revenue and receipts of,
and expenditures or uses of funds and
property, owned or held in trust by, or
pertaining to the public funds utilized by
the Bangsamoro. The utilization of the
revenue generated by the Bangsamoro
Government and block grants or
subsidies from foreign or domestic
donors shall be subject to the auditing
rules and regulation of the Bangsamoro
Government and to auditing by the
BCA auditors.
The BCA’s power, authority and duty
shall be without prejudice to the power,
authority and duty of the Commission
on Audit (COA) to examine, audit and
settle all accounts, pertaining to the
revenues and the use of funds and
property owned and held in trust by any
government instrumentality, including
GOCC’s.
With due regard to the BCA’s
responsibility to ensure the judicious
use of funds within the Bangsamoro,
disbursement vouchers of the
Bangsamoro Government shall be
submitted immediately to the BCA.

SUBSTITUTE HOUSE BILL NO. 5811
SEC. 14. Defense and Security.
- The defense and security of the
Bangsamoro shall be the responsibility
of the National Government. The
National Government may create
a unit or units of the Armed
Forces of the Philippines for
the Bangsamoro, which shall
be organized, maintained, and
utilized in accordance with national
laws. Qualified inhabitants of the
Bangsamoro shall be given preference
for assignments in the unit or units of
the Armed Forces of the Philippines.

(Deleted)

Article XII
FISCAL AUTONOMY
SEC. 2. Auditing. – There is
hereby created an internal
auditing body with procedures
for accountability over revenues
and other funds generated within
or by the region from external
sources. This shall be without
prejudice to the power, authority,
and duty of the Commission on
Audit to examine, audit, and
settle all accounts pertaining
to the revenues and the use of
funds and property owned and
held in trust by any government
instrumentality, including
government-owned or –controlled
corporations.

HOUSE BILL NO. 4994
Economic Agreements and
Conventions
Section 25. Economic Agreements.
– The Bangsamoro government may
enter into economic agreements and
receive benefits and grants derived
therefrom subject to the reserved
powers of the Central Government over
foreign affairs.
Article XIII
ECONOMY AND PATRIMONY

Loans
SEC. 22. Foreign and Domestic
Loans; Bills, Bonds, Notes and
Obligations. –
XXX XXX XXX
Subject to acceptable credit worthiness,
such loans may be secured from
domestic and foreign lending
institutions, in accordance with
the Constitution. The Bangsamoro
Parliament may authorize the Chief
Minister to contract such domestic or
foreign loans. The loans so contracted
may take effect upon approval by a
majority of all the members of the
Bangsamoro Parliament.
XXX XXX XXX

Section 23. Overseas Development
Assistance. – In its efforts to achieve
inclusive growth and poverty reduction,
through the implementation of priority
development projects, the Bangsamoro
Government may avail directly of
Overseas Development Assistance
(ODA). The Bangsamoro Parliament
may enact legislation governing ODA.

SEC. 23. Overseas Development
Assistance. – In its efforts to achieve
inclusive growth and poverty reduction,
through the implementation of priority
development projects, the Bangsamoro
Government may avail of international
assistance in accordance with the
Overseas Development Assistance
Law. (last sentence deleted)

Economic Agreements and
Conventions
SEC. 25. Economic Agreements. –
The Bangsamoro Government may
enter into economic agreements and
receive benefits and grants derived
therefrom subject to the approval of
the National Government.

Article XIII
ECONOMY AND PATRIMONY

Natural Resources
Section 8. Natural Resources, Nature
Reserves and Protected Areas. –
The Bangsamoro Government shall
have the authority, power, and right
to explore, develop and utilize the
natural resources, including surface
and sub-surface rights, inland waters,
coastal waters, and renewable and
non-renewable resources in the
Bangsamoro.
XXX XXX XXX

Natural Resources
SEC. 8. Natural Resources. – The
Bangsamoro Government shall have the
authority, power, and right to the control
and supervision over the exploration,
utilization, development, and protection
of the mines and minerals and
other natural resources within the
Bangsamoro Autonomous Region in
accordance with the Constitution and
the pertinent provisions of this Basic
Law except for the strategic minerals
such as uranium, petroleum, and
other fossil fuels, mineral oils, and all
sources of potential energy, provided
that the Bangsamoro Government shall
be consulted.

Section 10. Exploration, Development,
and Utilization of Fossil Fuels
and Uranium. – The Bangsamoro
Government and the Central Government
shall jointly exercise the power to grant
rights, privileges and concessions over the
exploration, development and utilization
of fossil fuels (petroleum, natural gas, and
coal) and uranium in the Bangsamoro.
The Central Government, through
the Department of Energy (DOE), and
the Bangsamoro Government shall
adopt a competitive and transparent
process for the grant of rights, privileges
and concessions in the exploration,
development and utilization of fossil fuels
and uranium.
The DOE and the Bangsamoro
Government will identify and select
prospective contract areas to be offered
for exploration and development.
A qualified Filipino citizen who is
bona fide resident of the Bangsamoro
will receive a rating higher than other
proponents during the evaluation process.
The award of the service contract shall
be made jointly by the DOE and the
Bangsamoro Government.

(Deleted)

Article XV
PLEBISCITE
Loans
Section 22. Foreign and Domestic
Loans; Bills, Bonds, Notes and
Obligations. –
XXX XXX XXX
Subject to acceptable credit
worthiness, such loans may be
secured from domestic and foreign
lending institutions, except foreign and
domestic loans requiring sovereign
guaranty, whether explicit or implicit,
which would require the approval of the
Central Government. The Bangsamoro
Parliament may authorize the Chief
Minister to contract such domestic or
foreign loans. The loans so contracted
may take effect upon approval by a
majority of all the members of the
Bangsamoro Parliament.
XXX XXX XXX

SUBSTITUTE HOUSE BILL NO. 5811

Section 4. Plebiscite for Joining
the Bangsamoro. – Any local
government unit or geographic area
outside the territorial jurisdiction of the
Bangsamoro, but which are contiguous
to any of the component units of the
Bangsamoro, upon a verified petition
for the conduct of a plebiscite of at least
ten percent (10%) of the registered
voters, submitted to the Bangsamoro
Electoral Office.
Provided that, the inclusion of said
local government unit or geographic
area in the Bangsamoro shall be
effective when approved by a majority
of the registered voters within that local
government unit in the plebiscite called
for the purpose.
Provided further that the schedule
of the plebiscite shall be determined
by the COMELEC through the
Bangsamoro Electoral Office.

Article XV
PLEBISCITE
SEC. 4. Plebiscite for Joining the
Bangsamoro Autonomous Region –
Any local government unit or geographic
area outside the territorial jurisdiction of
the Bangsamoro Autonomous Region,
but which are contiguous to any of the
component units of the Bangsamoro
Autonomous Region and within the area
of autonomy identified in the 1976 Tripoli
agreement, may opt to be part of the
Bangsamoro Autonomous Region, upon
a verified petition for the conduct of a
plebiscite of at least ten percent (10%)
of the registered voters of the interested
local government units or geographical
areas; Provided, That the inclusion of the
local government unit or geographic area
in the Bangsamoro Autonomous Region
shall be effective when approved by a
majority of the votes cast in the plebiscite
called for the purpose in the political units
directly affected: Provided further, That
petitions for inclusion may only be filed
on the fifth (5th) and tenth (10th) year
following the enactment of this Basic Law:
and, Provided finally, That no petition for
joining the Bangsamoro Autonomous
Region shall be entertained within five
(5) years following the enactment of this
Basic Law.
The schedule of the plebiscite shall be
determined by the Comelec.

14 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015

Matrix on the Bangsamoro Basic Law
Sen. Ferdinand “Bongbong” R. Marcos, Jr.

O

n 12 August 2015, Sen. Ferdinand Marcos sponsored Senate Bill 2894, or
"An Act Providing for the Basic Law for the Bangsamoro Autonomous
Region," and dedicated it to SAF 44 and their families. This was contained in
Committee Report 200 which he filed on 10 August 2015.
Sen. Marcos' bill is a substitute to Senate Bill 2408 which Malacanang submitted to the Senate and referred to the Committee on Local Government on 15
September 2014.
The matrix below highlights some of the changes/amendments to the original SB 2408. View the entire matrix at http://www.up.edu.ph/wp-content/uploads/2015/09/Matrix_BBL_August-11-2015.pdf.

Senate Bill No. 2408
Bangsamoro
Basic Law
(as filed)

(Introduced by Senators Franklin
M. Drilon, Vicente C. Sotto III, Loren
Legarda, Ralph G. Recto, Maria Lourdes
Nancy S. Binay, Francis G. Escudero,
Paolo Benigno "Bam" Aquino IV, Sonny
Angara, Pia S. Cayetano, Gregorio B. Honasan II and Teofisto "TG" Guingona III)

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

Senate Bill No. 2894
Bangsamoro Autonomous Region
(Committee Report No. 200)

(Prepared jointly by the Local Government; Peace,
Unification & Reconciliation; and Constitutional
Amendments & Revision of Codes, with Senators
Franklin M. Drilon, Vicente C. Sotto III, Loren
Legarda, Ralph G. Recto, Maria Lourdes Nancy S.
Binay, Francis G. Escudero, Paolo Benigno "Bam"
Aquino IV, Sonny Angara, Pia S. Cayetano, Gregorio
B. Honasan II, Teofisto "TG" Guingona III, Ferdinand
R. Marcos, Jr. and Miriam Defensor Santiago)

Section 3. Purpose. – The purpose of this Basic
Law is to establish a political entity, provide for
its basic structure of government in recognition
of the justness and legitimacy of the cause of the
Bangsamoro people and their aspiration to chart
their political future through a democratic process
that will secure their identity and posterity and
allow for meaningful self-governance.
Article II
BANGSAMORO IDENTITY
Section 1. Bangsamoro People. – Those who
at the time of conquest and colonization were
considered natives or original inhabitants of
Mindanao and the Sulu archipelago and its
adjacent islands including Palawan, and their
descendants, whether of mixed or of full blood,
shall have the right to identify themselves as
Bangsamoro by ascription or self-ascription.
Spouses and their descendants are classified as
Bangsamoro.

Senate Bill No. 2894
Bangsamoro Autonomous Region
(Committee Report No. 200)
SEC. 3.Purpose. – The purpose of this
Basic Law is to establish the Bangsamoro
Autonomous Region in accordance with the
provisions of the 1987 Philippine Constitution
and the aspirations of the Muslim Filipinos and
all indigenous cultural communities for local
self-governance.

ARTICLE II
BANGSAMORO IDENTITY
SEC. 4.Bangsamoro People. – Those who at the time
of conquest and colonization of the Philippines by the
Spaniards considered themselves natives or original
inhabitants of Mindanao, whether of mixed or of full
blood: Provided, That the foregoing profess the faith
of Islam shall have the right to identify themselves as
Bangsamoro. Spouses and their descendants, at their
option, shall also be part of Bangsamoro Autonomous
Region. This provision shall not in any way derogate
from the provisions of Article IV of the 1987
Philippine Constitution.

Section 2. Freedom of Choice. – The freedom of
choice of other indigenous peoples shall be respected.

“AN ACT PROVIDING FOR THE
BASIC LAW FOR THE BANGSAMORO
AUTONOMOUS REGION 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”

SEC. 5.Non-Moro Indigenous Cultural
Communities – The rights of Non-Moro
Indigenous Cultural Communities as provided
for in Republic Act (RA) No. 8371 or the
Indigenous Peoples Rights Act (IPRA) of 1997
and other related laws shall in no way be impaired,
diluted or diminished, even when such NonMoro Indigenous Cultural Communities are
situated within the confines of the Bangsamoro
Autonomous Region.

Section 3. Bangsamoro Symbol. – The
Bangsamoro Parliament shall adopt the official
flag, emblem and anthem of the Bangsamoro.

PREAMBLE
We, the Bangsamoro people and other inhabitants
of the Bangsamoro, imploring the aid of the
Almighty, aspiring to establish an enduring peace on
the basis of justice in our communities and a justly
balanced society, and asserting our right to conserve
and develop our patrimony;
In consonance with the Constitution and the
universally accepted principles of human rights,
liberty, justice, democracy, and the norms and
standards of international law, reflective of our system
of life prescribed by our faith, and in harmony with
our customary laws, cultures and traditions;
Affirming the distinct historical identity and
birthright of the Bangsamoro people to their ancestral
homeland and their right to self-determination—
beginning with the struggle for freedom of their
forefathers in generations past and extending to the
present—to chart their political future through a
democratic process that will secure their identity and
posterity, and allow for genuine and meaningful selfgovernance as stipulated under the Comprehensive
Agreement on the Bangsamoro (CAB);
With the blessings of the Almighty, do hereby
ordain and promulgate this Bangsamoro Basic
Law, through the Congress of the Republic of the
Philippines, as the basic law of the Bangsamoro that
establishes the asymmetrical political relationship
with the Central Government founded on the
principles of subsidiarity and parity of esteem.
ARTICLE I
NAME AND PURPOSE

Senate Bill No. 2408
Bangsamoro Basic Law
(as filed)

SEC. 6.Bangsamoro Symbol. – The
Bangsamoro Parliament shall adopt the official
flag, emblem, administrative seal, and anthem
of the Bangsamoro Autonomous Region.

SEC. 7.Traditional Islamic Institutions – The
prerogatives enjoyed by traditional Islamic
institutions such as the sultanates shall be
maintained; the lawful representatives of such
institutions shall be consulted by the legislature
and the executive in matters relating to the
enactment and the implementation of law for
the Bangsamoro Autonomous Region; such
institutions shall, without need of invitation or
request or summons, have the right to submit
position papers, memoranda and proposals to
Congress and to the Executive.
Article III
TERRITORY
Section 1. Definition of Territory - Territory
refers to the land mass as well as the maritime,
terrestrial, fluvial and alluvial domains, and
the aerial domain above it. The Bangsamoro
territory shall remain a part of the Philippines.

ARTICLE I
NAME AND PURPOSE

Section 1. Short Title.– This law shall be
known and cited as the “Bangsamoro Basic
Law.”

SEC. 1.Short Title.– This law shall be
known and cited as the “Basic Law for the
Bangsamoro Autonomous Region.”

Section 2. Name. – The name of the political
entity under this Basic Law shall be the
Bangsamoro.

SEC. 2. Name. – The name of the political
subdivision under this Basic Law shall be the
Bangsamoro Autonomous Region.
As used in this law, the “Bangsamoro
Autonomous Region” is the political subdivision
created by the Bangsamoro Basic Law which is an
Autonomous Region as provided in Sec. 15, Article
X of the 1987 Philippine Constitution, with the
powers and functions as provided under this law and
other related laws. The Bangsamoro Autonomous
Region forms an inalienable part of the Philippines.

Section 2. Core Territory – The core territory
of the Bangsamoro shall be composed of:
a. the present geographical area of the
Autonomous Region in Muslim Mindanao;
b. the Municipalities of Baloi, Munai,
Nunungan, Pantar, Tagoloan and Tangkal
in the province of Lanao del Norte and all
other barangays in the Municipalities of
Kabacan, Carmen, Aleosan, Pigkawayan,
Pikit and Midsayap that voted for inclusion
in the ARMM during the 2001 plebiscite;
c. the cities of Cotabato and Isabela; and
d. all other contiguous areas where there is
resolution of the local government unit or
a petition of at least ten percent (10%) of
the registered voters in the area asking for
their inclusion at least two months prior

ARTICLE III
GEOGRAPHICAL AREA OF THE
BANGSAMORO AUTONOMOUS REGION
SEC. 8. Definition of Geographical Area
of the Bangsamoro Autonomous Region –
Geographical area refers to the land mass as
well as the waters over which the Bangsamoro
Autonomous Region has jurisdiction. The area
of the Bangsamoro Autonomous Region shall
remain a part of the Philippines.
SEC. 9. Geographical Area Of The
Bangsamoro Autonomous Region – The
geographical area of the Bangsamoro
Autonomous Region shall be composed of:
a. the present geographical area of the
Autonomous Region in Muslim
Mindanao (ARMM);
b. the cities of Cotabato and Isabela; and
c. any province or city which are contiguous
and outside the geographical area of the
present ARMM where there is resolution
of the local government unit or a petition
of at least ten percent (10%) of the
registered voters in the area asking for
their inclusion at least two months prior
to the conduct of a plebiscite of the Basic
Law for the Bangsamoro Autonomous

UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 15

Senate Bill No. 2408
Bangsamoro Basic Law
(as filed)
to the conduct of the ratification of the
Bangsamoro Basic Law and the process
of delimitation of the Bangsamoro.
In order to ensure the widest acceptability
of the Bangsamoro Basic Law in the core
areas above-mentioned, a popular ratification
shall be conducted among all the Bangsamoro
within the areas for their adoption.

Senate Bill No. 2894
Bangsamoro Autonomous Region
(Committee Report No. 200)
Region and the process of delimitation of
the Bangsamoro geographical area.
In order to ensure the widest acceptability
of the Basic Law of Bangsamoro Autonomous
Region in the geographical areas abovementioned, a plebiscite shall be conducted for
this purpose in the political subdivision directly
affected.

Section 3. Contiguous Territory – The areas
which are contiguous and outside the core territory
may opt at anytime to be part of the territory
upon petition of at least ten percent (10%) of the
registered voters and approved by a majority of
qualified votes cast in a plebiscite.
Section 4. Inland Waters. – All inland
waters, such as lakes, rivers, river systems, and
streams within the Bangsamoro territory shall
be part of the Bangsamoro. The preservation
and management thereof shall be under the
jurisdiction of the Bangsamoro government.

Senate Bill No. 2894
Bangsamoro Autonomous Region
(Committee Report No. 200)

Section 4. Civilian Government. Governance in
the Bangsamoro is the responsibility of the dulyelected civilian government. Civilian authority is,
at all times, supreme over the military.

Section 5. Promotion of Unity. The Bangsamoro
government shall promote unity, peace, justice, and
goodwill among all peoples, as well as encourage a
just and peaceful settlement of disputes.
The Bangsamoro abides by the principle that the
country renounces war as an instrument of national
policy, adopts the generally accepted principles of
international law as part of the law of the land and
adheres to the policy of peace, equality, justice,
freedom, cooperation, and amity with all nations.

SEC. 15. Promotion Of Unity. The Bangsamoro
regional government shall promote unity, peace,
justice, and goodwill among all peoples, as well as
encourage a just and peaceful settlement of disputes.
The Bangsamoro regional government
renounces war as an instrument of national
policy, adopts the generally accepted principles of
international law as part of the law of the land and
adheres to the policy of peace, equality, justice,
freedom, cooperation, and amity with all nations.

Section 6. Promotion of Right. - The Bangsamoro
shall adhere to the principle of enjoining what is
right and forbidding what is wrong.

Section 5. Bangsamoro Waters – The
Bangsamoro waters shall extend up to 22.224
kilometers (12 nautical miles) from the lowwater mark of the coasts that are part of the
Bangsamoro territory. The Bangsamoro Waters
shall be part of the territorial jurisdiction of the
Bangsamoro political entity.
Where a constituent local government unit
of the Bangsamoro and an adjoining local
government unit are so situated on the opposite
shores such that there is thirty (30) kilometers
of waters or less between them, a line equally
distant from the opposite shores shall be drawn
to demarcate the Bangsamoro Waters and
the municipal waters of the adjoining local
government unit.
Should they be so situated that there is
more than thirty (30) kilometers but less than
37.224 kilometers of waters between them,
a line shall be drawn at the edge of the 15
kilometers municipal waters of the adjoining
local government unit to demarcate it from the
Bangsamoro Waters.
Ten years after the passage of this Basic
Law, the central government and the
Bangsamoro government shall discuss the
enhancement of the area of the Bangsamoro
waters through the necessary processes and
modalities.

SEC. 10. Bangsamoro Autonomous Region
Waters – The Bangsamoro Autonomous Region
waters shall extend up to 22.224 kilometers
(12 nautical miles) from the low-water mark
of the coasts that are part of the Bangsamoro
geographical area. Nothing in this Section
shall diminish the powers, functions, rights and
privileges already enjoyed by the municipalities
over their municipal waters as provided under RA
No. 7160 also known as the Local Government
Code of 1991, and RA No. 8550, otherwise known
as the Philippine Fisheries Code of the Philippines.
Where a constituent local government unit
of the Bangsamoro Autonomous Region and an
adjoining local government unit are so situated on
the opposite shores such that there is thirty (30)
kilometers of waters or less between them, a line
equally distant from the opposite shores shall be
drawn to demarcate the Bangsamoro Autonomous
Region waters and the municipal waters of the
adjoining local government unit.
Should they be so situated that there is more
than thirty (30) kilometers but less than 37
kilometers of waters between them, a line shall be
drawn at the edge of the 15 kilometers municipal
waters of the adjoining local government unit to
demarcate it from the Bangsamoro Autonomous
Region waters.
Ten (10) years after the passage of this
Basic Law, the national government and the
Bangsamoro regional government shall discuss
the improvement of the Bangsamoro Autonomous
Region waters through the necessary processes
and modalities.

Section 6. Constituent Units. – The
provinces, cities, municipalities, barangays and
geographical areas within its territory shall be
the constituent units of the Bangsamoro.

SEC. 11. Constituent Units. – The provinces,
cities, municipalities and barangays shall be the
constituent units of the Bangsamoro Regional
Government.

Section 7. Collective Democratic Rights of the
Bangsamoro People. - The collective rights of the
constituents of the Bangsamoro shall be recognized.
Article IV
GENERAL PRINCIPLES AND POLICIES

Senate Bill No. 2408
Bangsamoro Basic Law
(as filed)

ARTICLE IV
GENERAL PRINCIPLES AND POLICIES

Section 1. Self-Governance. In the exercise
of its right to self-governance and selfdetermination, the Bangsamoro is free to
pursue its economic, social and cultural
development.

SEC. 12. Self-Governance. Within its territorial
geographical area and subject to the provisions of
the 1987 Philippine Constitution and national laws,
the Bangsamoro regional government in the exercise
of its right to self-governance is free to pursue its
economic, social and cultural development.

Section 2. Democratic Political System. The
Bangsamoro government shall be parliamentary.
Its political system is democratic, allowing
its people to freely participate in the political
processes within its territory.

SEC. 13. Democratic Political System. The
Bangsamoro regional government shall be
parliamentary. Its political system is democratic,
allowing its people to freely participate in the
political processes within its geographical area.

Section 3. Electoral System. - The Bangsamoro
government shall adopt an electoral system
suitable to a ministerial form of government,
which shall allow democratic participation,
encourage formation of genuinely principled
political parties, and ensure accountability.

SEC. 14. Electoral System. - The Bangsamoro
regional government shall adopt an electoral system
suitable to a parliamentary form of government,
which shall allow democratic participation,
encourage formation of genuinely principled political
parties, and ensure accountability.

Section 7. Social Justice. - The Bangsamoro
shall establish a government that ensures that
every citizen in the Bangsamoro is provided the
basic necessities and equal opportunities in life.
Social justice shall be promoted in all phases
of development and facets of life within the
Bangsamoro.

SEC. 16. Social Justice. - The Bangsamoro
regional government shall enact measures that
protect and enhance the right of all people to human
dignity, reduce social, economic and political
inequalities, and remove cultural inequities by
equitably diffusing wealth and political power for
the common good for its constituents.

Section 8. International Treaties and
Agreements. - The Bangsamoro government shall
respect and adhere to all international treaties and
agreements binding upon the central government.

SEC. 17. International Treaties And Agreements.
- The Bangsamoro regional government shall
respect and adhere to all international treaties and
agreements binding upon the national government.

SEC. 18. Declaration On the Rights Of NonMoro Indigenous Peoples – The Bangsamoro
regional government recognizes and promotes
the rights of Non-Moro indigenous peoples
within the framework of the 1987 Philippine
Constitution and national laws.
Article V
POWERS OF GOVERNMENT
Section 1. Reserved Powers. – Reserved
powers are matters over which authority
and jurisdiction are retained by the central
government. The central government shall
exercise the following reserved powers:
1. Defense and external security;
2. Foreign policy;
3. Coinage and monetary policy;
4. Postal service;
5.Citizenship and naturalization;
6. Immigration;
7. Customs and tariff as qualified by Section
2 (10), Article V this Basic Law;
8. Common market and global trade, provide
that the power to enter into economic
agreements given to the ARMM under
R.A. 9054 is hereby transferred to the
Bangsamoro government as provided in
Article XII, Section 25 of this basic Law;
and
9. Intellectual property rights.

ARTICLE V
POWERS OF GOVERNMENT
SEC. 19. Reserved Powers. – Reserved powers are
matters over which authority and jurisdiction are
retained by the national government. The national
government shall exercise the following reserved
powers:
1. National defense, and internal and external
security;
2. Foreign affairs;
3. Currency and policy direction in the areas of
money, credit and banking;
4. Postal service;
5. Citizenship and naturalization;
6. Immigration and deportation;
7. Customs and tariff laws as qualified by Sec. 20
(8), Article V of this Basic Law;
8. Common market and global trade: Provided,
That the power to enter into economic
agreements given to the ARMM under RA No.
9054 is hereby transferred to the Bangsamoro
regional government as provided in Article XI,
Section 146 of this Basic Law;
9. Intellectual property rights;
10. Supervision over banks and non-banks
financial institutions under the jurisdiction of
the Bangko Sentral ng Pilipinas (BSP);
11. Free ports. – The Bangsamoro regional
government may establish free ports in the
Bangsamoro Autonomous Region. The
Bangsamoro regional government shall
coordinate with and assist the national
government on customs, immigration,
quarantine service, and international
commitments. Business and other enterprises
operating within the Bangsamoro Autonomous
Region free ports shall be entitled to the fiscal
incentives and other benefits provided by the
national government to special economic
zones. The free ports within the Bangsamoro
Autonomous Region shall be contiguous/
adjacent to seaport or airport; and
12. All other powers, functions and
responsibilities not granted by the 1987
Philippine Constitution or by law to the
autonomous regions.

To view the full matrix, please go to http://www.up.edu.ph/wp-content/
uploads/2015/09/Matrix_BBL_August-11-2015.pdf

16 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015

A Country without Heroes...
continued from page 9
Our version of the Basic Law for
the Bangsamoro Autonomous Region
fulfills the duty that we in this august
chamber must fulfill, to protect the
national interests of the Republic of the
Philippines. It reserves to the national
government those powers enshrined
in our Constitution: the responsibility for national defense, and internal
and external security; foreign affairs;
monetary policy and management of
the broader financial system; matters of
citizenship and immigration; maintenance of the postal service; trade,
customs, and tariffs, other than those
responsibilities already granted to the

and order by making the Bangsamoro
Police Force an integral part of the
PNP. While encouraging and supporting the unique culture and social
structure of the Muslim community,
it clearly defines the rights of nonMuslim citizens of the Bangsamoro
Autonomous Region, the traditional
sultanates, tribal communities and
other indigenous peoples, and women,
children, and otherwise disadvantaged
citizens.
Furthermore, while the Basic Law
recognizes that changes and amendments may be necessary in the future, it
preserves the supremacy of the republic by making those changes subject to
the approval of Congress.

tem of Islamic finance, among others.
These rights and privileges are equitably extended to non-Muslims and
tribal people as well, with provisions
made for the fair representation of the
sultanates and tribal organizations in
the parliamentary and other policymaking bodies. Likewise, inclusiveness of the Bangsamoro Autonomous
Region and people within the greater
republic is guaranteed by provisions
for representation in the legislative,
judicial, and administrative bodies of
the national government.
The Basic Law also provides a
framework by which the rich natural
resources of the region—which should
and will primarily benefit its people,

Photo by Judgefloro, from Wikicommons

A statue and tarpaulin memorial in honor of the Special Action Force 44 police officers slain during the Mamasapano
clash, located at PRO3 Police Station 1, ACPO, Angeles City, Pampanga Police Force National Police Commission
Philippine National Police in the Barangay Hall of Santo Rosario (Poblacion) Town Proper.

region through R.A. 9054; protection
of intellectual property rights.
The Basic Law addresses the first
and most important prerequisite to
peace—the definitive end to armed
conflict—by providing an efficient,
verifiable program of disarmament
and demobilization, overseen by an
independent monitoring body, and providing the needed financial and social
assistance to former fighters to become
peaceful and productive members of
society. It renounces war as an instrument of policy, and instead provides
the governing structures and dispute
resolution mechanisms needed to create a peaceful society managed through
means that are morally and practically
superior to armed conflict. It maintains
the constitutional responsibility of the
national government to maintain peace

Another important way the national
interest is defended, however, is by
fulfilling—to the extent that our Constitution and national sovereignty can
allow—the desires of the Bangsamoro people for meaningful autonomy.
The people of the Bangsamoro Autonomous Region wish for the right of
self-determination over their internal
affairs—this law provides that right,
by establishing the local legislature, by
granting authority to form necessary
agencies and departments, and most
especially by providing the framework
by which our fellow Muslim citizens in
the Bangsamoro Autonomous Region
can adhere to the unique principles of
their faith by following Shari’ah Law,
managing Hajj and Umrah affairs for
citizens from the Bangsamoro Autonomous Region, and establishing a sys-

but rightly belong to all Filipinos—can
be equitably shared. A fair share of
national revenues, as the constitution
dictates must be provided to local
governments, is also provided for, to
ensure that the Bangsamoro Autonomous Region is financially sound and
able to provide adequately for all its
people. Key areas in which the region
has chronically suffered from a lack
of progress, for example, electricity
generation and distribution, have been
given special attention, with more flexibility granted to the local government
to develop and regulate the regional
infrastructure, within the bounds of
national laws and complementary local
laws regarding environmental management, industrial safety and standards,
and investments.
These are the basic principles that

were the guide to the writing of this
substitute bill:
(1) The primacy of our constitution
which every citizen is mandated
to obey and defend compels us to
strike down any provision that is
clearly in conflict with its letter
and spirit based on our preliminary
determination;
(2) The autonomy of the constituent local government units of the
Bangsamoro Autonomous Region
as defined in the Local Government Code of 1991, as amended,
should not be diminished. This is
aligned with our national policy of
decentralization;
(3) The principle of checks and balances in all aspects of
governance should be
strengthened because this
is the main reason why
the Autonomous Region
in Muslim Mindanao has
failed;
(4) While we recognize
that substantial fund need
to be pumped in to the
Bangsamoro Autonomous Region for rehabilitation and development
purposes, we should not
overlook the fact that
other regions and LGUs
are equally in need of the
same funding support.
Hence, we risk an unequal distribution or allocation, which could potentially
sow the seed of discontentment
rather than unity among our
countrymen. Thus, while we
enhanced the revenue power of
the Bangsamoro Autonomous
Region, as well as financial
grants from the national government, additional funding for
development purposes should
be better left with Congress,
through the yearly budgeting
process;
(5) The bravery and heroism
of our SAF-44 had taught us
many lessons, among which
is that peace and order in the
autonomous region should remain
to be the primary responsibility of
the national government, through
our structured Philippine national
police;
(6) The Bangsamoro Autonomous
Region is a multi-ethnic and multicultural region. Thus, the Basic
Law must be inclusive by ensuring
that all groups are represented in
all aspects of governance;
(7) The history of armed struggle of
a number of our Muslim brothers with the latest formation of
the Bangsamoro Islamic Freedom
Fighters (BIFF), a break-away
group of the Moro Islamic Liberation Front, reveals that the struggle
to establish a separate and independent state in that portion of
continued on page 17

UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 17

A Country without Heroes...
continued from page 16

For too long, Mindanao has been
dubiously referred to as the “land
of promise”—aspirants for national
offices, recognizing that in order to
win elections on a national scale they
must win in Mindanao, have promised
the sun, the moon, and the stars to its
people. Sometimes those promises are
accompanied by short-term largesse,
dole-outs of food, minor development
projects, medical and social assistance,
but these small benefits have never
benefited all Mindanaoans equitably,
and do not last. When the votes are
counted and the campaign banners
come down, the region is forgotten
again, its people left to their despair,
which leads to hopeless violence and
provides fertile ground for those who
seek their own gain at the expense of
not just the people of Mindanao, but
the entire Philippines.
By creating the conditions for lasting

Photo from the Office of the Presidential Adviser on the Peace Process website, http://opapp.gov.ph/media/photos

our country remains a concern. It
should therefore be clear that the
proposed basic law will never be a
vehicle for the establishment of an
independent state;
(8) Lastly, we go back to the fundamental premise that the organic
law is about the continuing quest
for the elusive peace in Muslim
Mindanao. But peace cannot be
achieved without an effective normalization process.
This representation fully adheres to
the view that peace and development
are as much primary objectives of the
BBL as the enhanced autonomy for
Muslim Mindanao that we are now
granting to our brothers and sisters in
the autonomous region.
And in order to elevate these objectives as paramount societal ideals and
safeguard their immediate attainment,
your committee has found the need to
incorporate explicit provisions in the
substitute bill, otherwise lacking in
the original draft. Adoption by incorporation in the law is to imbue them
decisively with the force and character
of a legal mandate for the Bangsamoro
regional government to accomplish, in
partnership with the national government.
This policy of “normalization” is
hereby emphasized in the substitute bill
as both a corollary and integral obligation, alongside this grant of enhanced
autonomy to the erstwhile ARMM. It
shall necessarily embrace the United
Nations principles of “DDR” or Disarmament, Demobilization, and Reintegration, so as to attune and peg the
milestones of the normalization efforts
to internationally acceptable standards
of peacekeeping and post-conflict
recovery, which have been developed
by the UN through years of effective
remedial intervention in conflict areas
all around the world.
Decommissioning of forces, as we
call it in the substitute bill, both of
combatants and civilians, shall be an
integral component of our normalization policy, and as the crucial firststep to disarm, literally and figuratively, a portion of our people so used
or so steeped in a culture of armsbearing, fighting and killing. This is a
time to restore mutual trust and confidence, otherwise lost or besmirched
because of unwanted incidents in the
past, but which we have all vowed
to not allow us to relapse. This is a
time to start over again. Hence, this
is a time for our brothers and sisters
to lay down arms, and replace them
with plows, tools of trade, books,
computers, and other wholesome and
more potent materials of creation—
and not of destruction—and other
building blocks of social development and progress.
Autonomy is a continuous process.
Our definition too of autonomy to
our local government units under our
Local Government Code of 1991, as

amended, is continually evolving. Our
proposed redefinition of autonomy of
the autonomous region of Muslim Mindanao will certainly be revisited and
again be redefined in the future, not on
the strength of armed struggle, but in
the pursuit of good governance for our
people.
We strive for peace, and I believe
this improved version of the Basic
Law for the Bangsamoro Autonomous
Region provides the conditions by
which peace can finally be achieved. It
does so not just by delineating national
and regional authority and providing
effective mechanisms by which the
region can be quickly demilitarized,
but by focusing with great care on the
root causes of the conflict which has
persisted too long and brought nothing
but misery and poverty to the people
in this rich, underappreciated part of
Mindanao.

The Verification and Monitoring Assistance Team under the Independent
Decommissioning Body, along with a unit from the joint Peace and Security Team
composed of elements from the Armed Forces of the Philippines, the Philippine
National Police and the MILF's Bangsamoro Islamic Armed Forces hold a historic
weapons decommissioning ceremony at the Old Provincial Capitol in Sultan
Kudarat, Maguindanao.

peace and prosperity in the Bangsamoro Autonomous Region, I firmly
believe we are creating the conditions for lasting peace and prosperity
for all Filipinos. It is in that spirit I
have introduced the Basic Law for
the Bangsamoro Autonomous Region
for your learned deliberation. As the
familiar saying goes, “A rising tide lifts
all boats.” Our southern lands are rich
in natural resources, rich in agricultural
potential, and rich in the culture and
industriousness of its people. Some of
our country’s most beautiful natural
features are located there, but for too
long the beauty of the land, its wildlife,
and its people have been isolated from
the rest of the country and the rest of
the world by a bitter, futile conflict.
By striving for a just peace, one
that is inclusive and all-embracing,
we strengthen ourselves and the entire
nation. We become richer materially
and spiritually by respecting the differences in the
many cultures found among
the Filipino people, while
welcoming those people to
share in our collective work
and rewards as brethren and
partners. By striving for a
just peace that spreads from
Mindanao throughout our
entire country, we create a
bright beacon of hope and
prosperity for our kindred
in Sabah, and bring a future
in which our nation can be
once again made whole and
united.
Peace is the first step on
an endless golden road to the
future. Peace leads to order,
which leads to progress,
which leads to prosperity
and dignity for all. Peace is
in the soul of our nation—it
is what our heroes, the brave
SAF 44 and so many before
them, fought for and gave
their last breath to achieve.
We must not fail them.
We must not fail those they
left behind. We must not fail
ourselves. We must have
peace, and we shall, through
this basic law we begin
deliberating today. We stand
now at a crossroads – let
us choose the right path,
the only path. The path of
peace. May God bless our
work, and may God bless
the Philippines.
-------------------Sen. Ferdinand Marcos
obtained a Special Diploma
in Social Studies from
the University of Oxford,
England, and did graduate course work in Business Administration at the
Wharton School of Business, University of Pennsylvania, USA. Email him
at info@bongbongmarcos.
com or [email protected].

18 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015

From BBL * to BLBAR, World Awaits Legisla
Compiled by Fred Dabu

Issues and
Concerns

A

s the Filipino people, together with the international community, anticipate the
final deliberations for the Bangsamoro Basic Law (BBL) pending in Congress, proponents have not given up hope in the quest for peace and justice through
the enactment of a “good” and mutually-acceptable BBL during President Benigno
Aquino III’s administration. Two counterpart versions are due to be tackled: House
Bill No. 5811 or the “Basic Law of the Bangsamoro Autonomous Region" in the
House of Representatives, and Senate Bill No. 2894 or "An Act Providing for the
Basic Law for the Bangsamoro Autonomous Region" in the Senate. To aid the public in examining the proposed legislations, several issues, statements and counterarguments raised by known proponents and critics of the BBL are presented below.
* The draft BBL, which was originally submitted to Congress, was revised by technical working
groups and counterpart versions were renamed as the Basic Law for/of the Bangsamoro Autonomous Region (BLBAR). Usage of the BBL acronym was retained in this publication for clarity. This
compilation was updated on July 14 and August 25, 2015.

Issues and
Concerns

Statements in Favor
of the Draft BBL

Constitutional
Basis of BBL,

Constitutional
=====
Office of the Presidential
Adviser on the Peace Process
(OPAPP):
"The Government of the
Philippines (GPH) is fully
committed to supporting the
passage of the BBL before the
2016 regular election. Provisions
in Article X of the 1987 Philippine
Constitution on the creation of
Autonomous Regions shall apply.
Section 15. There shall be
created autonomous regions
in Muslim Mindanao and in
the Cordilleras consisting of
provinces, cities, municipalities,
and geographical areas sharing
common and distinctive historical
and cultural heritage, economic
and social structures, and other
relevant characteristics within the
framework of this Constitution
and the national sovereignty as
well as territorial integrity of the
Republic of the Philippines.
Section 16. The President shall
exercise general supervision
over autonomous regions to
ensure that laws are faithfully
executed.
Section 17. All powers, functions,
and responsibilities not granted
by this Constitution or by law
to the autonomous regions
shall be vested in the National
Government.
If passed into law, the BBL will
create a Bangsamoro region to
replace the ARMM.”
Source/s: http://www.opapp.
gov.ph/milf/faqs-frameworkagreement-bangsamoro
http://www.opapp.gov.ph/
milf/news/frequently-askedquestions-draft-bangsamorobasic-law

Creation of a Substate

Miriam Coronel Ferrer
(Chairperson, Government
Peace Negotiating Panel):
"Any notion of a sub-state can
only mean a setup within the
Philippine state and under the
current Philippine Constitution."
Source/s: http://www.interaksyon.
com/article/109029/bbl-willcreate-sub-state-with-equalpowers-to-natl-govt---former-uplaw-dean
Jose Lorena (Undersecretary
for Bangsamoro Affairs of the
OPAPP):
"The proposed BBL is designed
to address the clamor for a
genuine autonomy in Mindanao,
and not as an appeasement to
any revolutionary group."
“The BBL is not for MILF alone.
BBL should be equated with
meaningful autonomy, which is to
capture the articulation not only of
the Moro fronts but the Muslims in
Southern Philippines.”
Source/s: http://www.opapp.
gov.ph/milf/news/bbl-meansmeaningful-bangsamoroautonomy-not-power-any-groupopapp

Statements Warning Against
the Draft BBL
Unconstitutional or problematic
=====
Sen. Miriam Defensor Santiago
(Chairperson, Senate Committee
on Constitutional Amendments
and Revision of Codes and Senate
Committee on Foreign Relations):
The BBL is unconstitutional. They
are proposing a sub-state.
“The BBL is unconstitutional
because it violates what the
Constitution provides for as national
sovereignty and territorial integrity of
our country.”
“Those are the guidelines set by
the Constitution in providing for
autonomous regions for regional
authority. It’s obvious that in the
contemplation of the Constitution,
the territorial units of our country
are provinces, cities, barangays,
municipalities, and autonomous
regions. There’s no mention at all
of a sub-state. That’s what they are
proposing, a sub-state.”
Source/s: http://www.mb.com.ph/bblunconstitutional-miriam/
Sen. Ferdinand R. Marcos Jr.
(Chairperson, Senate Committee
on Local Government):
“What is given to the Bangsamoro
government is necessarily torn
away from the government of the
Republic…”
“Unfortunately, the BBL in its
present form and substance will
not bring us any closer to peace.
Instead, it will lead us to perdition…”
“The Bangsamoro parliament
would be equal, not subordinate,
to our Congress; exclusive powers
given to Bangsamoro will diminish
sovereignty of the Republic and
that BBL has no power to create
‘Bangsamoro territory’…”
(Senator Ferdinand Marcos, Jr.
assured local officials that he will
remedy the flaws of the proposed
Bangsamoro Basic Law (BBL) to
ensure that the version passed by
the Senate will address the concerns
of all major stakeholders.)
Source/s: http://www.philstar.com/
headlines/2015/06/04/1462012/
marcos-rejects-draft-bbl-says-it-wontlead-peace
http://manilastandardtoday.
com/2015/06/15/marcos-promisesto-correct-flaws-in-draft-law/
Former Representative and House
Deputy Speaker Pablo Garcia:
"The Autonomous Region in
Muslim Mindanao (ARMM) cannot be
abolished by the proposed BBL."
"There is no need for Congress
to enact the BBL since it is
unconstitutional... The Constitution
only recognizes two autonomous
regions: the Autonomous Region of
Muslim Mindanao and the Cordillera
Administrative Region."
Source/s: http://www.philstar.com/
headlines/2015/02/02/1419387/
bangsamoro-laws-constitutionalitytackled-senate-hearing
http://www.gmanetwork.com/
news/story/423752/news/nation/
bangsamoro-law-cannot-abolisharmm-says-ex-solon

Statements in Favor
of the Draft BBL

Statements Warning Against
the Draft BBL

Rep. Rufus Rodriguez
(Chairperson, House Ad Hoc
Committee on the Bangsamoro
Basic Law):
“We will continue deliberations
in August,” Rodriguez told
MindaNews in a text message
Sunday afternoon, adding “there
is no TRO (temporary restraining
order) issued by the Supreme
Court.”
(The 98-member Ad Hoc
Committee on the Bangsamoro
Basic Law approved on May 20 by
a vote of 50 in favor, 17 against and
one abstention, its substitute bill,
HB 5811, providing for a Basic Law
for the Bangsamoro Autonomous
Region, in what Committee chair
Rep. Rufus Rodriguez of Cagayan
de Oro described as a “historic
vote,” an “affirmative action to fully
correct c enturies of neglect and
injustice.”)
Source/s: http://www.mindanews.
com/peace-process/2015/07/12/
rufus-bbl-deliberations-to-resumeaugust-despite-petitions-insupreme-court/
http://www.mb.com.ph/julydeadline-for-bbl-impossible-rufus/

Philippine Constitutional
Association (Philconsa):
The BBL is "constitutionally
problematic," with questionable
provisions on "the right to selfdetermination, the Bangsamoro’s
apparent asymmetrical
relationship with the national
government, form of government,
territorial domain, foreign affairs,
internal and external security and
sources of government funds."
Source/s: http://www.philstar.com/
headlines/2015/01/26/1416898/
bangsamoro-bill-hasconstitutional-flaws

Senen Bacani (Member,
Government Peace Negotiating
Panel):
“Hopefully with a fuller
discussion of this law there will
be a better understanding of what
is in there for everybody. We’ve
always said that we’re relying
on the collective wisdom of the
members of both houses [Senate
and House of Representatives]
to come up with a law that will
basically satisfy the aspirations
of the Bangsamoro and one that
will be in accordance with the
Comprehensive Agreement on the
Bangsamoro (CAB).”
Source/s: http://www.opapp.gov.ph/
milf/news/govt-peace-panel-keepshopes-high-congress-okay-bbl

"The basic law addresses
the first and most important
prerequisite to peace - the
definitive end to armed
conflict - by providing an
efficient, verifiable program
of disarmament and
demobilization, overseen by
an independent monitoring
body, and providing the
needed financial and social
assistance to former fighters
to become peaceful and
productive members of
society."
- Senator Ferdinand
"Bongbong" R. Marcos, Jr.,
Chairman of the Committee
on Local Government
Source: http://www.senate.gov.ph/
press_release/2015/0812_marcos1.asp

Amira Lidasan (Spokesperson,
Suara Bangsamoro):
“We from the Suara
Bangsamoro have been very
critical about the content of the
Bangsamoro Basic Law (BBL)
because it falls short of the
aspirations of the Bangsamoro
people’s struggle for genuine
right to self-determination. The
BBL is limiting and counterposing
this right with the Philippine
Constitution.”
“The BBL disregards the
reasons why the Moro people
remain poverty stricken,
enduring a backward economy
and its communities are in
conflict. Instead of addressing
these issues, the BBL copies
the development paradigm
and programs as well as
security policies of the national
government, which in the past
have been the complaint of the
Moro people and were deemed
discriminatory.”
Source/s: http://davaotoday.
com/main/todays-news-to-go/
bbl-insufficient-for-bangsamoropeople/
Prof. Merlin Magallona (Former
Dean, UP College of Law):
"You might have the impression
that what's being created is a
political system of equal strength
as the national government, with
all the powers of the national
government being divided."
Source/s: http://www.interaksyon.
com/article/109029/bbl-willcreate-sub-state-with-equalpowers-to-natl-govt---former-uplaw-dean
Rep. Neri Javier Colmenares
and Rep. Carlos Isagani
Zarate of Bayan Muna party
list, Rep. Luzviminda Ilagan
and Rep. Emmi de Jesus of
Gabriela Women’s party list,
Rep. Antonio Tinio of ACT
Teachers party list, Rep.
Fernando Hicap of Anakpawis
party list, and Rep. Terry
Ridon of Kabataan partylist
(Makabayan bloc in the
House of Representatives):
“(1) the BBL grants not full
but only limited autonomy;
(2) genuine autonomy can
never be possible under a
neo-colonial, semi-feudal
and corrupt state and ruling
system; and (3) the BBL does
not address the social and
economic roots of poverty and
injustice.”
“The prevailing political
context has worsened in the
aftermath of Mamasapano.
Through Congress, the Aquino
administration is taking back
the proposed additional powers
granted to the Bangsamoro in
the BBL and other concessions
negotiated by the MILF.”
“The interest shown by the
US, Japan, and the European
Union in the peace talks
with the MILF and the BBL is
likewise extremely alarming.
The US took an active role in
the drafting of the Government
of the Philippines - MILF

UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 19

ation
Issues and
Concerns

Statements in Favor
of the Draft BBL

Statements Warning Against
the Draft BBL

Issues and
Concerns

Memorandum of Agreement on
Ancestral Domain which was
eventually junked by the GPH.
We must vigorously oppose
the agenda of the imperialists
to establish military bases,
ruthlessly exploit the mineral and
agricultural wealth and cheap
labor of the Bangsamoro and
Mindanao.”
Source/s: http://www.interaksyon.
com/article/110765/makabayanbloc-palace-version-of-railroadedbbl-wont-address-root-cause-ofmindanao-conflict

Funding for the
First Year of
Operation,
Sources of
Revenue and
Funding

P 35 billion
=====
Atty. Mohammad Al-amin
Julkipli (Member, Legal Team
of the Government Peace
Negotiating Panel):
"The total funding to be directly
allocated to the Bangsamoro
regional government for its initial
year of operation will only amount
to P35 billion."
"This amount does not
significantly depart from the
current allocation for the
ARMM (broken down into: P1
billion for the transition from
the Autonomous Region in
Muslim Mindanao Regional
Government to the Bangsamoro
Government; P7 billion Special
Development Fund (SDF) for
the first year (and P2 billion per
year for the next five years) to
allow the poverty-stricken and
conflict-affected region to catch
up in terms of development
through infrastructure buildup and intensified delivery of
social services; and P27 billion
estimated block grant in 2016
which will be used for economic
development, payment for
salaries of teachers and health
workers and all other educational
and health services.)"
Source/s: http://opapp.gov.ph/
milf/news/public-urged-rejectmisinformation-bbl

“Certainly, the MILF will
not accept a diluted
BBL. If a law is based on
the report of the Ad Hoc
Committee on the BBL,
which is 50 percent bad,
the MILF will outright
reject it.”
- July 24-31, 2015
Editorial from the MILF
official website

P 75 billion
=====
Sen. Ralph Recto (Senate
President Pro-Tempore):
The Bangsa‎moro will get an
initial P 75-billion funding in its first
year.
“The BBL creates financial
obligations in the tens of billions
of pesos. It binds the national
government, and ultimately
taxpayers, to allocate large sums
of money every year... On the first
year alone of the Bangsamoro
establishment, the projected
minimum cost is P75 billion.”
"The BBL also provides for
a Special Development Fund
(SDF) that will be remitted to
the Bangsamoro government.
Barangays, cities, towns and
provinces constituting the
Bangsamoro region will continue
receiving their Internal Revenue
Allotments (IRA)—the share
of local governments from
taxes collected by the national
government."
"There is already automatically
appropriated funds, then they can
keep the taxes, in part or in full,
that they can collect."
"Bangsamoro is to enjoy 100
percent retention for the first 10
years... If oil is found in the area,
the taxes, fees, royalties will be
divided equally. In case of metallic
minerals, the Bangsamoro gets
three-fourths of the income due,
while the national government
will have to be content with onefourth."
"The Bangsamoro can also
impose certain other taxes,
fees, and charges, from which
the national government will not
receive any share... It can contract
loans, it can pawn future revenues,
like what other LGUs are doing."
Source/s: https://www.senate.gov.
ph/press_release/2015/0216_
recto1.asp
http://www.interaksyon.com/
article/105178/recto-senate-todefuse-policy-landmines-in-bbl

Source: http://www.luwaran.com/
index.php/editorial/item/503critical-period

Shari'ah
Law in the
Bangsamoro

Atty. Mohammad Al-amin
Julkipli (Member, Legal Team
of the Government Peace
Negotiating Panel):
The Shari'ah Law in the
Bangsamoro will apply to Muslims
only.
"The Shari’ah courts would
not cover non-Muslims as
regular courts would still exist in
Bangsamoro."
"The Supreme Court has the
ultimate power of reviewing all
decisions by the Shari’ah courts
in the Bangsamoro as practiced
now."

Some sectors warn that the
implementing agencies of the
Shari'ah Law would practically
enforce a separate justice system
in the region.
=====
Rafael Alunan III (DILG
Chief during the Ramos
administration):
"As a sub-state under Sharia
Law, it is one breath away from
being an Islamic State within the
territory of the Philippines. Exactly
what Al Qaeda and its arch-rival,

Statements in Favor
of the Draft BBL
"There will be no separate
justice system in the
Bangsamoro. In the BBL, the
special courts that are to be
institutionalized or strengthened
therein shall all be part of the
singular Judiciary that remains to
be under the administration and
control of the Supreme Court.
That is true for the Shari'ah
Courts in the Bangsamoro as
well as the tribal/customary
courts."
Source/s: http://opapp.gov.ph/
milf/news/public-urged-rejectmisinformation-bbl

Creation of
New and
Distinct
Agencies
Duplicating
the Work of
Constitutional
Bodies
such as the
Commission on
Audit (COA),
Commission
on Elections
(Comelec),
and the
Civil Service
Commission
(CSC)

Atty. Mohammad Al-amin
Julkipli (member of the legal
team of the government peace
negotiating panel):
“The proposed Bangsamoro
agencies will not supplant nor will
they, in any way, derogate from
or take away the constitutional
powers and duties of the
Constitutional Commissions and
other constitutionally-mandated
offices.”
“The existence and functioning
of these Bangsamoro agencies
shall be without prejudice to
the powers and duties of the
Constitutional Commissions... The
goal in including their creation in
the BBL is simply to "strengthen
checks and balances in the
Bangsamoro and supplement
the work of the Constitutional
bodies, hence the proposed
establishment of auditing, civil
service, election and human
rights units."
http://opapp.gov.ph/milf/
news/public-urged-rejectmisinformation-bbl

Police and
military
organizations
in the
Bangsamoro

OPAPP / Atty. Mohammad Alamin Julkipli (member of the
legal team of the government
peace negotiating panel):
Moro Islamic Liberation Front
(MILF) members would not be
automatically integrated into the
Armed Forces of the Philippines
and the Philippine National
Police.
“This is not provided in
the BBL as the desire of the
government and the MILF in the
Comprehensive Agreement on
the Bangsamoro is to submit all
MILF armed combatants and their
families to the normalization and
decommissioning processes so
they could return to their normal
lives, and not to a life of arms
anymore.”
However, there is no prohibition
for MILF members to apply with
the AFP or the PNP, but they
will have to go through the same
rigorous processes that all AFP
and PNP members go through.
The Bangsamoro will implement
the provision in the Philippine
Constitution for true autonomy in
Muslim Mindanao.
The MILF shall undertake
a graduated program for the
decommissioning of its forces
so that they are put beyond
use. In a gradual and phased
process, law enforcement shall be
transferred to the police force for
the Bangsamoro. The police force
shall be civilian in character and
accountable and responsible both
to the Central and Bangsamoro
governments, and the
communities that it serves. Both
parties have also committed to
work as partners for the reduction
and control of firearms in the area
and the disbandment of private
armies and other armed groups.
Source/s: http://opapp.gov.ph/
milf/news/public-urged-rejectmisinformation-bbl

Statements Warning Against
the Draft BBL
ISIS, want as they struggle toward
the establishment of a global
caliphate while taking differing
paths."
Source/s: https://www.
facebook.com/rafael.m.alunan/
posts/10203768733119501

Some sectors question the
creation of new and distinct
agencies duplicating the work
of Constitutional bodies such
as the Commission on Audit
(COA), Commission on Elections
(Comelec), and the Civil Service
Commission (CSC).

Some sectors warn that members
of the Moro Islamic Liberation
Front (MILF) would soon become
part of the Armed Forces of
the Philippines (AFP) and the
Philippine National Police (PNP).
Sen. Alan Peter Cayetano
(Senate Majority Leader):
The Bangsamoro’s future police
force could become the country’s
“biggest private army’’ if it would
not coordinate with the national
government.
Source/s: http://newsinfo.inquirer.
net/670825/cayetano-against-bblsays-milf-to-boost-army-that-canthreaten-republic
Rigoberto Tiglao (Columnist,
head of the Presidential
Management Staff during the
Arroyo administration):
"The Bangsamoro government
shall have primary responsibility
over public order and safety
within the “Bangsamoro” and that
a “Bangsamoro Police” would
be created for this purpose. --This violates the Constitution’s
provision that “the State shall
establish and maintain one police
force, which shall be national in
scope and civilian in character, to
be administered and controlled by
a national police commission.”
"The BBL draft bill clumsily tries
to go around this constitutional
ban by stipulating that a
“Bangsamoro Police Board”
shall perform the functions of the
National Police Commission, and
that “the board will be part of the
National Police Commission.”
Source/s: http://www.manilatimes.
net/bangsamoro-bill-lostminds/126047/

Continued on page 20

20 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015
Issues and
Concerns

From BBL to BLBAR...
continued from page 19
Issues and
Concerns

Statements in Favor
of the Draft BBL

Statements Warning Against
the Draft BBL

Checks and
Balances

OPAPP:
"The President will continue
to exercise general supervision
over the Bangsamoro government
to ensure that national laws are
faithfully executed.
National laws cannot be amended
by the Bangsamoro Parliament
unless authorized by Congress.
Reserved powers (both expressed
and residual) of the national
government can at anytime be
exercised within the Bangsamoro
territory without any limitation
whatsoever. For example, the
Bangsamoro government’s power
to enter into economic agreements,
and to establish linkages for cultural
exchange, economic and technical
cooperation with other countries is
subject to the central government’s
reserved powers over foreign
affairs. In addition, the exercise of
the concurrent or shared powers by
the Bangsamoro government can
only be done with the coordination
and cooperation of the national
government.
To supplement the work of
the Constitutional bodies in the
Bangsamoro (COA, CSC, Comelec,
CHR) is the proposed establishment
of auditing, civil service, election
and human rights units in the
Bangsamoro without prejudice of
course to the powers, authorities
and duties of these Constitutional
bodies. The only goal is to assist,
and not to replace in any manner
whatsoever the powers and
authorities of these bodies.
The Ombudsman shall have the
power to act on erring Bangsamoro
officials. The Supreme Court will
continue to exercise the powers of
supervision and judicial review over
all courts including Shari’ah courts.
Moreover, there are clear
statements in the proposed BBL that
the Bangsamoro government will
have to adhere to the commitments
of the national government as
embodied in international treaties
and agreements.
The draft law also provides
for additional intergovernmental
bodies to be established in
order to ensure cooperation and
coordination between the National
and Bangsamoro Governments.
These are:
(1) The Central Government
- Bangsamoro Government
Intergovernmental Relations
Body to resolve issues on
intergovernmental relations;
(2) The Intergovernmental Fiscal
Policy Board that shall address
revenue imbalances and
fluctuations in regional financial
needs and revenue-raising
capacity of the Bangsamoro;
(3) The Philippine Congress Bangsamoro Parliament Forum
for purposes of cooperation
and coordination of legislative
initiatives;
(4) The Bangsamoro Sustainable
Development Board to
ensure the harmonization
of environmental and
development plans, as well
as to formulate common
environmental objectives; and
(5) The Joint Body for the Zones
of Joint Cooperation which
shall be responsible for
drawing up of policies in the
zones of joint cooperation in
the Sulu Sea and the Moro
Gulf.
Also worthy of note is the
provision on the possible vote of no
confidence against the government
of the day which can serve as a
further check on the performance
of the Bangsamoro government by
the duly elected representatives of
the Bangsamoro. Another is the full
disclosure policy of the Bangsamoro
government of its budget and
finances and of bids and public
offerings.
Regarding public order and
safety, there will be a Bangsamoro
Police Board which shall perform

Rep. Rufus Rodriguez
(Chairperson, House Ad Hoc
Committee on the Bangsamoro
Basic Law):
"Congress shall delete
provisions in the BBL that aim
to create their own internal audit
body despite the presence of
the COA; disciplining of public
officials, a power to be taken
away from the Office of the
Ombudsman; establishing civil
service and human rights bodies,
and creating the Bangsamoro
Police Force."
Source/s: http://www.mb.com.ph/
unconstitutional-bbl-provisionsscrapped/

- Secretary Teresita
Quintos-Deles,
Presidential Adviser on
the Peace Process
Source: http://www.luwaran.com/
index.php/new/item/541-op-andcongress-remain-committedto-the-enactment-of-mutuallyaccepted-bbl-sec-deles

Statements Warning Against
the Draft BBL

the functions of the Napolcom
in the Bangsamoro. The board
shall be part of the Napolcom
with the Napolcom ensuring that
the Bangsamoro Police Board
performs its powers and functions
within the bounds of its authority.
Above all of these controls within
and outside the Bangsamoro
however, what is of paramount
importance would be the demand
of the governed for complete
accountability of those who
govern and supported by a strong
press and strong civil society
organizations. That way we can
further strengthen the democratic
institutions that will be established
and ensure the general welfare of
the people in the Bangsamoro."
http://www.opapp.gov.ph/milf/news/
checks-and-balances-nationalgovernment-vs-none-bbl

Parliamentary
System of
Government

(The Office of the
President and the
leadership of both
Houses of Congress)
“remain committed
to the enactment of a
meaningful and mutually
acceptable BBL within
President Aquino’s term
of office.”

Statements in Favor
of the Draft BBL

OPAPP:
"The powers of the Bangsamoro
government shall be given to the
Parliament.
The President shall exercise
general supervision over the
Bangsamoro government to ensure
that National laws are faithfully
executed.
The Chief minister shall head the
government of the Bangsamoro,
shall be elected by a majority vote
of the Parliament from among its
members, shall appoint the Deputy
Chief Minister and members of the
Cabinet.
The Council of Leaders includes
the provincial governors, mayors
of chartered cities, indigenous
peoples, women, settlers, and other
sectoral representatives.
The Wali shall be the titular
(ceremonial) head of the
Bangsamoro, shall be chosen by
the Parliament and have a term of
six years."
http://www.opapp.gov.ph/milf/news/
frequently-asked-questions-draftbangsamoro-basic-law

Some sectors think the
parliamentary system is
unconstitutional and is not
compatible with the present form of
government.

SOURCES:
Alunan III, R. (2015, April 20). When the ship of state is headed for the rocks. BusinessWorld. Retrieved from
http://www.bworldonline.com/content.php?section=Opinion&title=when-the-ship-of-state-is-headed-for-therocks&id=106454
Alunan III, R. (2015, February 17). [Facebook status update]. Retrieved from https://www.facebook.com/
rafael.m.alunan/posts/10203768733119501
Araneta, M. & Araneta, S. (2015, June 15). Marcos promises to correct flaws in draft law. Manila Standard Today.
Retrieved from http://manilastandardtoday.com/2015/06/15/marcos-promises-to-correct-flaws-in-draft-law/
Arguillas, C. (2015, July 12). Rufus: BBL deliberations to resume August despite petitions in Supreme Court.
MindaNews. Retrieved from http://www.mindanews.com/peace-process/2015/07/12/rufus-bbl-deliberations-toresume-august-despite-petitions-in-supreme-court/
Bacani, S. (2015, January 26). Checks and Balances in National Government vs None in the BBL. Office of the
Presidential Adviser on the Peace Process. Retrieved from http://www.opapp.gov.ph/milf/news/checks-andbalances-national-government-vs-none-bbl
Burgonio, T.J. (2015, February 5). Cayetano against BBL, says MILF to boost army that can threaten Republic.
Philippine Daily Inquirer. Retrieved from http://newsinfo.inquirer.net/670825/cayetano-against-bbl-says-milf-toboost-army-that-can-threaten-republic
Casayuran, M. & Quismoro, E. (2015, June 11). July deadline for BBL impossible – Rufus. Manila Bulletin.
Retrieved from http://www.mb.com.ph/july-deadline-for-bbl-impossible-rufus/
Casayuran, M. (2015, February 14). BBL unconstitutional – Miriam. Manila Bulletin. Retrieved from http://
www.mb.com.ph/bbl-unconstitutional-miriam/
Dalangin-Fernandez, L. (2015, April 18). BBL will create 'sub-state' with 'equal strength' to national
government - ex-UP Law Dean Magallona. InterAksyon.com. Retrieved from http://www.interaksyon.com/
article/109029/bbl-will-create-sub-state-with-equal-powers-to-natl-govt---former-up-law-dean
InterAksyon.com. (2015, May 19). Makabayan bloc: Palace version of railroaded BBL won't address root
cause of Mindanao conflict. Retrieved from http://www.interaksyon.com/article/110765/makabayan-blocpalace-version-of-railroaded-bbl-wont-address-root-cause-of-mindanao-conflict
Legaspi, A. (2015, February 2). Bangsamoro law cannot abolish ARMM, says ex-solon. GMA News.
Retrieved from http://www.gmanetwork.com/news/story/423752/news/nation/bangsamoro-law-cannotabolish-armm-says-ex-solon
Luci, C. (2015, March 6). Unconstitutional BBL provisions scrapped. Manila Bulletin. Retrieved from http://
www.mb.com.ph/unconstitutional-bbl-provisions-scrapped/
Mendez, C. (2015, January 26). ‘Bangsamoro bill has constitutional flaws’. The Philippine Star. Retrieved
from http://www.philstar.com/headlines/2015/01/26/1416898/bangsamoro-bill-has-constitutional-flaws
Mendez, C. (2015, June 4). Marcos rejects draft BBL, says it won’t lead to peace. The Philippine Star.
Retrieved from http://www.philstar.com/headlines/2015/06/04/1462012/marcos-rejects-draft-bbl-saysit-wont-lead-peace
Office of the Presidential Adviser on the Peace Process. (2014, September 10). Frequently Asked Questions
on the draft Bangsamoro Basic Law. Retrieved from http://www.opapp.gov.ph/milf/news/frequently-askedquestions-draft-bangsamoro-basic-law
Office of the Presidential Adviser on the Peace Process. (2015, March 30). Public urged to reject
misinformation on BBL. Retrieved from http://www.opapp.gov.ph/milf/news/public-urged-rejectmisinformation-bbl
Office of the Presidential Adviser on the Peace Process. (2015, May 1). BBL means meaningful Bangsamoro
autonomy, not power for any group -- OPAPP. Retrieved from http://www.opapp.gov.ph/milf/news/bblmeans-meaningful-bangsamoro-autonomy-not-power-any-group-opapp
Office of the Presidential Adviser on the Peace Process. FAQs on the Framework Agreement on the
Bangsamoro. Retrieved from http://www.opapp.gov.ph/milf/faqs-framework-agreement-bangsamoro
Office of the Presidential Adviser on the Peace Process. Gov't peace panel keeps hopes high on Congress'
okay of BBL. Retrieved from http://www.opapp.gov.ph/milf/news/govt-peace-panel-keeps-hopes-highcongress-okay-bbl
Reyes, E. (2015, February 16). Recto: Senate to defuse policy landmines in BBL. InterAksyon.com.
Retrieved from http://www.interaksyon.com/article/105178/recto-senate-to-defuse-policy-landmines-in-bbl
Senate press release. (2015). Senate cannot rubber-stamp its OK on BBL's P75 B price tag. Retrieved
from https://www.senate.gov.ph/press_release/2015/0216_recto1.asp
Tiglao, R. (2014, September 11). Bangsamoro bill: Have they lost their minds? The Manila Times. Retrieved
from http://www.manilatimes.net/bangsamoro-bill-lost-minds/126047/
Viray, P.L. (2015, February 2). Bangsamoro law's constitutionality tackled in Senate hearing. The Philippine
Star. Retrieved from http://www.philstar.com/headlines/2015/02/02/1419387/bangsamoro-lawsconstitutionality-tackled-senate-hearing

UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 21

Analysis and Position of Makabayan on the Proposed
Bangsamoro Basic Law (May 18, 2015)
Makabayan Bloc

T

he Makabayan bloc recognizes the courageous struggle of the Moro people for the
right to national self-determination. This struggle is rooted in the centuries-long
and ongoing oppression and exploitation of the Filipino people including the Bangsamoro and other indigenous peoples by the colonial and neocolonial powers and the local
ruling elite. This struggle forms an important part of the Filipino people’s struggle
against foreign and local ruling class domination and enslavement towards genuine
independence and democracy.
The Bangsamoro must attain and exercise their right to self-determination. The
socio-economic roots of war must be addressed, and widespread poverty and injustice
eradicated. Otherwise, the armed struggle of the Moro people will continue and grow
stronger even if the Moro Islamic Liberation Front places its weapons “beyond use.”
In our analysis of the text and more importantly, in consideration of the prevailing societal
context, the proposed Bangsamoro Basic Law falls far short of and does not adequately address the aspirations of the Bangsamoro and indigenous peoples’
struggle because: 1) the BBL grants not full but only limited autonomy; 2)
genuine autonomy can never be possible under a neo-colonial, semifeudal and corrupt state and ruling system; and 3) the BBL does not
address the social and economic roots of poverty and injustice.
The prevailing political context has worsened in the aftermath of
Mamasapano. Through Congress, the Aquino administration is taking back the proposed additional powers granted to the Bangsamoro in the BBL and other concessions negotiated by the MILF.
The interest shown by the US, Japan, and the European Union
in the peace talks with the MILF and the BBL is likewise extremely alarming. The US took an active role in the drafting of
the Government of the Philippines—MILF Memorandum of
Agreement on Ancestral Domain which was eventually junked by
the GPH. We must vigorously oppose the agenda of the imperialists
to establish military bases, ruthlessly exploit the mineral and agricultural wealth and
cheap labor of the Bangsamoro and Mindanao.

The Proposed BBL grants, not full, but limited autonomy
Full and genuine autonomy is a possible form of restoring to the Bangsamoro their
right to self-determination and rectifying the historic and continuing injustice against
the Bangsamoro. Full autonomy entails the recognition, at the very least, of their right,
capacity and authority to rule over all aspects of political, economic, and cultural life in
their region, apart from the four reserved powers of the central government—foreign
affairs, external defense and security, border control and immigration, and common
currency. However, this is not the kind of autonomy that the Bangsamoro will get
through the proposed BBL.
Compare Republic Act 9054 (the Autonomous Region in Muslim Mindanao law)
with the BBL. In ARMM, the regional assembly is given the power to enact laws on all
matters except for those pertaining to the 14 reserved powers of the national government. In the BBL, nine of these powers have been retained by the national government
while the remaining five fall under so-called concurrent powers of the national government and the Bangsamoro Government. The long enumeration in the BBL of 59 exclusive powers of the Bangsamoro government/parliament are, in fact, powers that have
likewise been granted to the ARMM in as much as these do not fall within the reserved
powers of the national government.
Anti-people laws and policies of the GPH will prevail over and delimit the laws that
may be enacted and enforced by the Bangsamoro parliament. Deleterious laws such as
the 1995 Mining Act, laws on foreign investment, agreements such as the GATT/WTO,
laws on land ownership, Oil Deregulation Law, Electric Power Industry Reform Act,
and many other exploitative and oppressive GPH laws shall remain in force and dominate in the Bangsamoro. BBL does not invalidate these laws, nor does the Bangsamoro
assembly have the power to invalidate, amend, or choose not to implement them.
With respect to the 14 concurrent powers, the national government or GPH shall continue to prevail and dominate by virtue of the phrase “without prejudice to the power
and authority” of constitutional bodies such as the Commissions on Civil Service,
Audit, Elections, Human Rights, the Office of the Ombudsman, and others.
Not genuine autonomy; dominated by neo-colonial, dynastic, and
corrupt politics
The Moro people will not, in reality, enjoy their right to self-determination and
genuine autonomy even if the BBL is enacted into law. Beyond the text of the BBL,
the political and socio-economic context in which the Bangsamoro entity will operate
should be considered. The whole area of the Bangsamoro is not insulated from and in
fact will continue to be dominated by the neo-colonial, dynastic, and corrupt state and
politics of the big comprador capitalists and landlords that rule the whole country.
The fate that befell the ARMM is clear for all to see—from the hands of Nur Misuari
the reins of government fell to the Ampatuans. With the support of Pres. Fidel Ramos
and the full resources of the state behind him, Nur Misuari was installed as the governor
of ARMM. Before long, landlords and warlords gained control of ARMM, the moment
Misuari lost the support of Malacañang. The Arroyo administration had to distance itself
from the Ampatuans because of the public outrage over the brutal massacre of journalists.
It remains to be seen whether the BBL will gain approval in a plebiscite in all the areas
it seeks to cover and whether the MILF can win in elections against contending dynastic
landlords and warlords. Furthermore, the armed rebel groups opposed to the BBL, such
as Misuari’s MNLF and the Bangsamoro Islamic Freedom Fighters are still in the picture.
Electoral successes for the BBL and the MILF are possible, given the backing and sup-

port of the US and Malacañang. But can autonomy propped up by US and the GPH President’s patronage still be considered genuine? Likewise, it remains to be seen, whether,
and for how long, the MILF can maintain its grip on the Bangsamoro government.

The BBL does not even attempt to dismantle the socio-economic roots
of the Moro rebellion
The BBL makes no effort to identify and dismantle the socio-economic roots of the
Moro rebellion. Essentially, the BBL is an agreement on the terms of power-sharing
and division of wealth between the GPH and the Bangsamoro government. But there
are no provisions in the BBL that address the root of poverty and injustice that are the
causes of the Moro rebellion and war.
The BBL glaringly lacks any provision that puts an end to the monopoly control of
agricultural lands and mineral resources by foreign corporations and a handful of big
compradors and landlords through the free redistribution of land to farmers; nor
provisions for the establishment of job-creating industries; nor provisions to
lift the Moro, indigenous people, and other inhabitants of the Bangsamoro
from poverty. The BBL appears to be saying that resolving the socioeconomic roots of rebellion should just be left to whoever takes power in
the Bangsamoro.
The ordinary Moros and lumads and others who support the armed
struggle in Mindanao are farmers, fisherfolk, youth, women, and
other poor people deprived of land, jobs, education, health, and other
basic services. If widespread poverty and injustice are not addressed, the societal basis for the Moro armed struggle persists, just
as it does for the armed revolution being waged by the Communist
Party of the Philippines, the National Democratic Front, and the
New People’s Army.
“Bigay-bawi” and deception by government in the peace talks with the
MILF and the BBL
It is becoming increasingly apparent that grand deception and co-optation are the
US-Aquino regime’s real objectives in engaging the MILF in peace talks, negotiating
the Comprehensive Agreement on the Bangsamoro and drafting the BBL. This is also
part of the regime’s divide-and-rule tactic to neutralize the MILF and concentrate the
government’s armed force on the CPP-NPA.
The Aquino administration is now taking away, through amendments proposed by its
allies in Congress, the additional powers of the Bangsamoro government that it granted
in the negotiations with the MILF on the assurance that these are in accordance with
the Constitution. The government peace panel and Pres. Aquino himself insisted that no
amendment of the Constitution was necessary.
Ironically, the ongoing process of “bigay-bawi”amendments in Congress, including
the argument that eight or more provisions of the BBL are unconstitutional, are justified
by taking the line that “the MILF cannot be trusted after what happened in Mamasapano.” It was President Aquino himself, together with then-suspended PNP Chief Gen.
Purisima, who were primarily accountable for the police operation in Mamasapano,
which they approved without coordination with the MILF, resulting in the carnage that
rocked the administration and derailed the smooth passage of the BBL.
Malacañang and the Liberal Party have clearly turned their backs on agreements the
GPH had signed with the MILF in seeking to take back the many concessions given to
the MILF, on the pretext that there are indeed unconstitutional provisions in the BBL
that have to be amended or deleted completely.
The administration and its allies in Congress are now pushing for “bigay-bawi”
amendments—the nine exclusive powers of the national government in the committee
chairman’s draft of the BBL will increase to 17, and the eight powers of the Bangsamoro government over the police, proposed amendments that take away or otherwise
violate the contents of the agreement entered into by government with the MILF. We
will not allow ourselves to be used in the “bigay-bawi” scheme and grand deception of
the Aquino administration. We criticize the government’s violations of and the reneging
on agreements it entered into with the MILF, similar to what is happening in the peace
talks with the National Democratic Front.
We will uphold the proposals and demands that will strengthen the right to self-determination of the Moro people and the lumads. The socio-economic roots of war must be identified
and dismantled and programs for genuine land reform, job creation and industrialization and
wealth redistribution be instituted. There must be provisions that prohibit the establishment
of foreign military bases and curtail the unbridled exploitation of the mineral and agricultural wealth and cheap labor of the Bangsamoro and Mindanao by foreign capitalists.
We shall decide how we will vote after due consideration and study of the final version of the BBL that will be put to a vote before the committee and in plenary.
REP. NERI J. COLMENARES
Bayan Muna Partylist
REP. LUZVIMINDA C. ILAGAN
Gabriela Women’s Partylist
REP. ANTONIO L. TINIO
ACT Teachers Partylist

REP. EMMI A. DE JESUS
Gabriela Women’s Partylist
REP. FERNANDO L. HICAP
Anakpawis Partylist
REP. CARLOS ISAGANI T. ZARATE
Bayan Muna Partylist

REP. TERRY L. RIDON
Kabataan Partylist

22 UP FORUM Volume 16 Nos. 3 & 4 May - August 2015

Be on the Right Side of History...
continued from page 8

proximately 63 votes from the Preamble to paragraph
15, Section 3, Article V. On May 19, the Committee
deliberated on the entire bill except for the title and the
appendix. It held a marathon meeting from 10 a.m. to
11:30 p.m. with approximately 145 votes made. On May
20, with a vote of 50 in favor, 17 against and one abstention, the Ad Hoc Committee approved the Committee
Report with the attached substitute bill to House Bill No.
4994.
Pursuant to the Rules of the House, particularly Section 44, the Ad Hoc Committee referred on May 20,
2015 the approved substitute bill to the Committee on
Appropriations and the Committee on Ways and Means
for their comments relative to the appropriation or tax or
revenue aspects of the bill.
I sponsored the substitute bill in separate meetings
held by the two committees on 26 May 2015. In the
Committee Report we submitted to the Plenary for approval on second reading, we appended the comments of
these two committees.
In these two committees, it was clearly brought out by
the Department of Budget and Management (DBM) that
only P37 billion will be given to the Bangsamoro Autonomous Region in the first year upon the approval of
this law and not P75 billion as claimed by its detractors.
Of the P37 billion, P27 billion (around P25 billion from
the General Appropriations Act allocated to the Autonomous Region in Muslim Mindanao and P2 billion from
the Internal Revenue taxes) are currently being received
by theAutonomous Region in Muslim Mindanao leaving and incremental increase of only P10 billion for the
Bangsamoro Autonomous Region.
Let me enumerate in brief the objective and some
of the key provisions of this substitute bill:
PURPOSE:
• To establish a political entity, provide for its basic
structure of government in recognition of the justness and legitimacy of the cause of the Bangsamoro
people and to secure their identity and posterity and
allow for meaningful self-governance.
KEY PROVISIONS:
• Identifies the Bangsamoro People and creates the
political entity called the Bangsamoro Government.
• Defines the geographical area of the Bangsamoro Autonomous Region, which is composed of the present
geographic area of the Autonomous Region in Muslim Mindanao (ARMM), the contiguous territory, the
inland waters and the Bangsamoro waters.
• Defines and enumerates the powers of the Bangsamoro government in relation to the national govern-

ment.
The powers are classified as:
• Reserved Powers or those over which the national
government has authority and jurisdiction.
• Concurrent Powers refer to those which the
Bangsamoro government shares with the national
government.
• Exclusive Powers refer to those over which the
Bangsamoro government has authority and jurisdiction.
• Provides for the form of the Bangsamoro government, which shall be a parliamentary democratic
political system.
• Divides the powers of the Bangsamorogovernment. Legislative Authority shall be exercised by
the Bangsamoro parliament. Executive Authority
shall be exercised by the chief minister, who will be
elected by the parliament. Judicial Authority continues to be exercised by the Supreme Court, even as
the bill recognizes the applicability of the Shari’ah
Justice System over Muslims and traditional or
tribal justice systems to indigenous peoples.
• Provides that the Bangsamorogovernment shall
enjoy fiscal autonomy.
• Provides for funding grant and support to the
Bangsamorogovernment, such as the following:
• Annual Block Grant. The central government shall
provide an annual block grant which shall be the
share of the Bangsamoro in the national internal
revenue of the government.
• Special Development Fund for the rehabilitation
and development of the Bangsamoro.
• Initial Funding for Transition in order that the
Bangsamoro may carry out the requirements of
transition, including the organizational activities
of the Bangsamoro Transition Authority (BTA),
organization of the bureaucracy, hiring of personnel, and the exercise of functions and powers of
the BTA.
• Provides for the sharing of taxes between the
Bangsamoro government and the national government as well as the sharing of income from the utilization of resources in the Bangsamoro geographic
area.
• Creates the Bangsamoro Transition Authority
(BTA), which shall be the interim government or
the governing body in the Bangsamoro Autonomous Region during the transition period, and
provides for its powers and functions.
• See the "Salient Deletions and Amendments to the
Original HB 4994" on p. 10.
The process that the BBL, now the proposed Basic

Mindanao Webs and Dominoes...
continued from page 23
college. In fact, there are adults who were not able to go to school at all.
Some communities in Mindanao are still facing health issues because of inadequate if not lack of medicine in addition to lack of medical personnel and facilities. Parts of Mindanao are still in darkness because
there is no source of power, while the island as a whole, seems to have not yet recovered from the power
crises of previous years.
These are only among the many issues Mindanao is facing while our country is dreaming of ASEAN
integration. These are also the issues Fr. Adam Bago, a Tanzanian national, has to deal with every day in his
parish in the hinterland village of Digkilaan, in Iligan City. He travels for hours on foot to the remote jungles
and crosses the rivers to visit the nearby communities of his parishioners. But he has also opened his doors to
the Muslim and Lumad communities there. Had it not been for tropical storm “Sendong” in 2011, the people
in these communities would have remained nameless. How can a foreigner be more understanding and concerned than our fellow “Filipinos” out there—a foreigner without religious and racial prejudice?
The real Mindanao deserves a future, and therefore needs closure from its dark past. I look at my children and I couldn’t be more proud and happy that like me, they were born in Mindanao, whose people’s
ancestry has already diversified from the Chinese, Ilokano and Ilonggo settlers, to the Moro (Tausug and
K’lagan) and the Lumad (Mandaya).
I pray and hope that when it is time for them to lead our societies, they will not experience the struggles
and injustices that we have experienced. This may be a cliché for a parent to wish for his children’s future,
but it remains full of love and promise that needs to be fulfilled.
This essay alone may not cover the whole scope of the issues surrounding the Mamasapano incident,
the BBL and the peace process in Mindanao, as I may have missed some salient points on the matter. It
may not also guarantee that it can convince the vast majority of people reading this to understand my
personal perspectives.
“Manong Andres cannot pretend to have understood the new face and image of Ailene wearing a
hijab, even if he sees it often in the public market every time he buys fish or other commodities. But
when for the first time he hears Nur Ainee’s voice, he immediately feels an epiphany, and everything is
now clear to him—he is already home.”
-------------------The author took up his Master in Development Communication from the UP Open University. He is a
journalist by profession and was a fellow in the 16th Graciano Lopez Jaena Community Journalism Workshop at the UP College of Mass Communication. He also teaches at the Mindanao University of Science
and Technology, a state university in Cagayan de Oro City. Email him at [email protected].

Law for the Bangsamoro Autonomous Region, has
gone through is unprecedented in the history of the
legislative branch of our government. Considering
the high stakes and objectives involved in attaining
peace and development in Mindanao, this process of
deliberation is indispensable if we are to truly achieve
what we have been told is a Herculean, and sometimes even described as “impossible” task.
According to data from the Office of the Presidential Adviser on the Peace Process, 120,000 people
have already lost their lives since 1970 (50 percent,
MILF; 30 percent, AFP; 20 percent, civilians). From
2001 to 2012, 2,599 more people were killed, 1,267
of whom were MILF forces; 491 were AFP/PNP,
and 841 were civilians. For the same period, a total
of 2,999 were wounded, 237 of whom were MILF
forces; 1,089 were AFP/PNP, and 1,673 were civilians.
Aside from this, at least 1,500,000 people were
displaced because of the ongoing conflict in different
parts of the country including Metro Manila where
our Muslim brothers and sisters are forced to live
far away from their mother land and, in most cases,
separate from their families and relatives.
From 1970 until today, the Philippines has already
suffered at least P640 billion in economic loses in
terms of damages to businesses and properties and
loss of potential investments and businesses in the
region. Further, the government already spent at least
P73 billion in combat expenses.
I agree with some of the dissenters against this
Basic Law that this 91-page document is not a miraculous pill that would somehow end all hostilities
in Mindanao and usher in a golden era of peace in the
region. Centuries of violence, injustice, discrimination, and misunderstanding among our brothers and
sisters in Mindanao will not be magically swept away
once we pass this bill on Third and Final Reading
and hopefully, once enacted into law. What we offer through this substitute measure, however, is the
chance to achieve peace by addressing all these issues
and thrusting them into the public consciousness...
Franklin D. Roosevelt once said: “The test of our
progress is not whether we add more to the abundance
of those who have much; it is whether we provide
enough for those who have little.”
What we have here now is the chance to address
the plight of our brothers and sisters in Mindanao;
provide them with the means and opportunity to
ascend and create a truly autonomous community
suitable to their culture and needs; and repose in them
our nation’s trust that the proposed Basic Law for the
Bangsamoro Autonomous Region would answer the
Mindanaonon’s needs in a more efficient, inclusive
and timely manner. These are the first, small steps
towards achieving lasting peace in Mindanao.
Peace in Mindanao will not be achieved if we pass
this measure today. Peace may not even be achieved
a month, or even a year after this bill becomes a law.
But I assure my esteemed colleagues and the Filipino
people—this bill will provide the groundwork on
which the foundations for peace and development in
Mindanao shall be laid.
This bill will address centuries of inherited disadvantages suffered by our Muslim brothers and sisters;
erase the accretions of antipathies against Muslim
brothers and sisters; and be an affirmative action to
correct centuries of neglect and injustice on our Muslim brothers and sisters.
I am from Mindanao! I wish to see the day that
children of Muslims and indigenous peoples will have
the same opportunities as the Christian children in
education, health and employment. And that they
not be judged because of culture and religion but as
human beings.
I wish to see the day that no one will be left behind;
no Muslim will be left behind in enjoying the blessings and fruits of development in our beautiful Island
of Mindanao.
In conclusion, I urge my colleagues to support lasting peace in the Bangsamoro Autonomous Region,
enhance the economic development of the Bangsamoro Area and Mindanao, and ensure the inclusive
growth of the entire Philippines.
Be on the right side of History!
-------------------Rep. Rufus Rodriguez obtained his law degree from
UP. Email him at [email protected] or
[email protected].

UP FORUM Volume 16 Nos. 3 & 4 May - August 2015 23

Mindanao Webs and Dominoes...
continued from page 24
But everything went the opposite
way of these fears.
During the actual graduation rites.
many people attended the ceremony.
Iqbal had no MILF personnel by
the dozens with him. He delivered a
speech, received the award, and traveled outside the city after the event.
There was never a single chaotic incident on that day.
A day before the commencement
exercises, Balay Mindanaw Foundation,
Inc. invited Iqbal for a multi-sectoral
conversation inside the Archbishop’s
Palace of Antonio Ledesma, the Archbishop of the Archdiocese of Cagayan
de Oro, and also a peace and environmental advocate himself. Iqbal talked
about his vision for the Bangsamoro and
listened to the concerns and fears of
those who have heard negative stories.
I was also there, but instead of
feeling threatened or bothered, the
exchange of words only warmed my
personal desire to continue to enlighten
the people that the Bangsamoro is not
only about them, but is also about us
and our history as Filipinos.
Meanwhile, the film “moro2mrw”
(Hinabing Kasaysayan ng mga Anak
ng Gabon/Woven Narratives of the
Children of the Fog) written and directed by Gutierrez “Teng” Mangansakan
II was denied funding and support by
the Film Development Council of the
Philippines (FDCP) for fear that the

“On the contrary, with all the rage
and hate, a film on the Bangsamoro
can shed light on the lives, struggles
and longings of a people who are least
understood,” he added.
“For FDCP to decide with prejudice
and rescind its support to the project
speaks of their profound paranoia, bigotry
and ignorance. An insult to me and also to
the men and women of ARMM and the
Bangsamoro,” Mangansakan wrote.
Despite the lack of support, Teng
continues to call for donations from his
friends and supporters and is continuing production.
The “profound paranoia, bigotry and
ignorance” is likely to be the toxic ingredients that blew out of proportion the
Mamasapano incident and imperilled the
passage of the BBL in Congress.
And these toxic ingredients are personified by Sen. Alan Peter Cayetano,
who has turned every Senate inquiry
into a stage to showcase his apparent
political ambitions for 2016. He once
supported the BBL but was quick to
withdraw his support after what happened in Mamasapano without even
fully investigating the matter and
thinking it over; such a typical distinction of a traditional turncoat politician.
Not only does he demonize hope for a
group of people; he also blurs the lines
between fact, fiction, and hearsay.

Drawing lines: Is it really
religion, culture, politics?
Archbishop Ledesma’s Easter Sun-

Photo by: Nef Luczon

ulama are one in calling for peace and
reconciliation, and an end to armed
conflicts in Mindanao,” he said.
But how saddening and unfortunate it is, when on the world stage,
hundreds of Christian students in a
university in Kenya were murdered by
“Islamic” extremists on Easter Sunday. This is where the major challenge
starts. The struggle can be very real to
a Muslim tagged with terrorism, and
more so for a Moro who belongs to an
Islamized ethnic group in Mindanao
who once shared the island with the
Lumad, the indigenous peoples with
tribal or traditional beliefs.
The problem begins when some
people make hasty generalizations: Islam - Muslim - Terrorism - Moro - BBL
- unpeaceful - chaos. Many times have I
tried to enlighten the public through my
articles and sporadic pronouncements
in social media, to better understand the
contexts and nature of it all. I can understand, and even respect, if one does not
agree with the BBL based on political
and legal interpretations and if he or she
was able to read the draft. But I cannot
understand why other people insinuate
that this is because of the “teachings
of Islam,” which is to rebel against, or
even kill Christians.
Islam has nothing to do with the
BBL. It so happened that the Moros are
Muslims and they long for self determination in the western part of Mindanao. It is the same with the Lumad
who also want to reclaim their ancestral domains from plantations and
mining companies in the central
and eastern part of the island. It
is also the same struggle when
other Filipinos opposed Spanish,
American and Japanese rule. It
matters not, what your religion is.
The current Moro struggle
ignited when the Jabidah massacre happened in 1968 when
President Ferdinand Marcos was
in power. The Moro struggle did
not start when Osama Bin Laden
bombed the Twin Towers on
September 11, 2001, an event that
changed the world’s perspectives
on Muslims in general. Although
dissenters like the BIFF and
Abu Sayyaf had ties with terrorist groups like Al-Qaeda (and
probably the newest, the Islamic
State), the BBL was not drafted to
cater to the “extremist” ideals of
Islam. Extremism/fanaticism is in
fact a by-product of a twisted, if
not blasphemous, interpretation of
Islam itself.
Some people would argue that,
unlike Christianity, Muslims spread
terrorism and kill non-believers “in
the name of God,” which is true of the
extremists. But didn’t the Spaniards
introduce Christianity in the Philippine
islands also “in the name of God,” behind which was an agenda of subjugation for land and gold in the name of
King Philip II?
The “fear” of Moros is undoubtedly

Inside the Archbishop's Palace: MILF chief peace negotiator Mohagher Iqbal stands
in front of other guests coming from the different sectors to answer questions
about the BBL, a day before receiving an award from Xavier University-Ateneo de
Cagayan for his role in the peace process. With him is Balay Mindanaw Foundation,
Inc. official, Kaloy Manlupig (right), Archbishop Antonio Ledesma and Msgr. Rey
Monsanto, spokesperson for the Archdiocese of Cagayan de Oro.

film’s theme would be “divisive.”
“How can a singular film that speaks
of the aspirations of the Bangsamoro be
painful and divisive? Manila has produced countless films that debased the
Bangsamoro, films that were insensitive and ignorant of our history, culture
and religion, insulting not only to the
Muslims of this country but also to the
intelligence of every thinking Filipino,”
he wrote on his Facebook wall.

day message last April 5 did not only
address Christians but also everyone
else who is going through a lot of grief
lately. In his “Ten Easter Challenges
for Peace in Mindanao,” he re-stressed
that Christianity and Islam are both
religions of peace.
“In their sacred scriptures, the call
for peace is strong and persistent:
‘Blessed are the peacemakers…’ In our
interreligious dialogues, bishops and

the result of three centuries of Spanish
colonization of the Philippines. It is a
fear passed on from one generation to
the other, propaganda that brainwashed
Christianized Filipinos that is now hard
to pry loose from the subconsciousness
of many today.
It is a challenge for journalists and
media practitioners like me to be fair and
objective in dealing with this matter so
that they can explain to the public the
entire situation from an unbiased point of
view or at least lead them in understanding the different contexts first before
jumping to conclusions that may result in
another disastrous course of action.
But after the Mamasapano incident,
even journalists are divided, that is why
there have been round-table discussions
among peers and colleagues to flesh out
the differences and address the matter.

But the REAL Mindanao is...
A paradise. My homeland is a poetry
of diversity and you cannot appreciate it if you cannot commune with the
people and its traditions. Living and
having property alone in Mindanao
will not guarantee full understanding
of its complexities; it requires an open
mind and the ability to communicate,
not with arrogance but with humble
understanding.
Whether the BBL will be passed or
not, it will not put an end to the people
of Mindanao’s right to struggle and to
dream. There will be more stories that
will be woven in the voices of men,
women and children of Mindanao,
stories that can be shared with every
Filipino from all walks of life. There
will be stories of sweet success, as there
will be stories of sad realities that are
anchored in corruption and malpractice.
The real Mindanao may not be
perfect, but it is still a paradise that
deserves peace. This may be hard to
follow, as there will be challenges and
obstacles that test its validity and endurance. But nevertheless, the first step
must be taken.
The Filipino nation may still be skeptical about the dawn of the Bangsamoro
because of what happened in Mamasapano, and the people of Mindanao may
have divided views, too, on the matter.
But I know a number of Mindanaoans—
Christians, Muslims, Lumad and even
those who have no religious affiliation—who are working hard to end the
decades-long conflict brought about by
generations of misinformation, miscommunication and ignorance. We cannot
allow another massive war to happen,
even if they euphemistically call it an
“all-out offensive.”
The real Mindanao is not just about
armed conflicts, displaced civilians and
the death of innocents. It is also about
addressing the social issues which have
remained unsolved by the different
sectors in society, not just the government. Until now, there are still children
unable to finish their elementary and
high school education, much less go to
continued on page 22

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UP FORUM
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Mindanao Webs and Dominoes
Nef Luczon

M

the nation was awakened to realities that
acknowledge its imperfections.
I hope that someday, through this
story, my voice can be heard and I will
be able to express my own perspective
about Mindanao, my home.

been opened anew by questions about
the Bangsamoro Basic Law (BBL) that
was brokered by the Philippine government and the MILF in the Comprehensive Agreement on the Bangsamoro,
supposedly, as a stepping stone towards
peace in the island.
But even in the concept and definition of peace, the nation, including the
people of Mindanao, was divided. The
division was so critical that it caused
gaps inside the home and family—with
some hoping that the BBL should be
given a chance so the Bangsamoro
dream may live, and some seeing it as
a sinister precedent of worse things to
come in the future for the island.
That one friend of yours whom you
share the same fandom for a basketball
team with may not share your sentiments about peace through BBL. Even

turbed” but also a part of Cagayan de
Oro City’s population.
Xavier University President Fr.
Roberto Yap explained that the decision to award the three, in this year’s
commencement exercises, was meant to
recognize them for continuing the peace
efforts in Mindanao and in acknowledging the Bangsamoro people as part of
the Filipino nation. He also said that this
was decided in November 2014, two
months prior to the ill-fated incident in
Barangay Tukanalipao, Mamasapano
town, in Maguindanao province.
There was an atmosphere of discomfort for those who had not yet
recovered from the “mis-encounter” in
Mamasapano. These were the people
who were also against the passage
of the BBL on the argument that the
MILF cannot be trusted based on the

Requiem for ALL deaths
“Inna lillahi wa inna ilayhi raji'un
(surely we belong to God and to Him
shall we return).” This is a phrase in
the Qur’an that is recited by Muslims
when a person they know, or friends
and relatives, experience tragic circumstances such as death.
Anyone who lost a loved one will
eventually mourn, more so if a loved
one’s death was untimely, or his life
was taken away in an undignified
manner as in butchery or massacre.
The Mamasapano incident caused 60
deaths, a sum that surpasses
the figures of the 2009 Ampatuan massacre.
But the most mourned are
the 44 SAF members, whose
death sparked public outrage.
The people’s wrath was also
fueled by the proliferation
of videos in social media on
how the SAF men were killed.
Someone, or some people,
should be accountable.
But how about the civilian
casualties? Even they were
accused as coddlers of the
terrorists Marwan and Basset
Usman, whom the SAF men
had been tasked to capture
that day.
And how about the dead
Members of the Bangsamoro Transition Committee led by Prof. Aboud Sayed Linga (seated, left)
BIFF and MILF members? It
talks with the members of Cagayan de Oro media practitioners on February 21 as part of the media
is hard to mourn for them, unround-table discussion series organized by Mindanews and its partners.
less one is a close relative or
a friend, especially when they
political allies are divided.
bloody results and the idea that why
appear to be the villains of this story.
When President Benigno Aquino, Jr.
they are collaborating with the BIFF
BBL, Peace and the Great Divide
and the members of the Board of Trustand coddling suspected terrorists.
The Mamasapano incident made
ees of Xavier University (XU) - Ateneo
Some Kagay-anons feared that Iqbal
ripples in the social consciousness
de Cagayan conferred on March 26 the
may bring along MILF men as bodyof the many. It brought back to life
Fr. Masterson Award on Presidential
guards, and some parents were trying
complicated issues that eventually led
Advisers on the Peace Process, Teresita
to decide whether or not to attend the
to divisiveness.
Deles and Miriam Ferrer, and MILF
graduation rites with their sons and
chief peace negotiator Mohagher Iqbal,
It also brought back talk about
daughters. And there were city-wide
it wasn’t just the Ateneo community,
Mindanao. The wounds of decades of
security measures, “just in case.”
including its alumni that were “disarmed conflicts and injustices have
continued on page 23
Photo by: Jonathan M. Macas

anong Andres sits in the balcony
of his small house letting the
heat of the sun, as well as time, pass
by. His calloused feet, a testament of
his hard work in the fields, rest on the
polished wooden floors that remind him
of his age and previous exploits.
“Basking in the humid air, he listens
to the portable radio and alas: it is a
perfect timing when Coritha’s ‘Sierra Madre’ starts to play, for this is
Manong Andres’ favorite, while looking
blankly at the nearest mountain range
he can see from his balcony.
“Some tears fall, although he tries to
contain them. He misses Cagayan Valley, his birthplace. He longs to be back
in the town where he grew up, but not
anytime sooner.
“The reminiscing is cut short when
his attention is called by a female
voice, the tone of which is derived
from anxiety. He turns off the radio and
stands up, going towards the source of
the voice. There he sees a very familiar face, and a mixture of delight and
confusion overtakes him.
“For three years he has neither seen
nor heard about her, until now. Ailene,
his middle daughter, is in Manong
Andres’ front yard.
“Ailene now wears a long skirt and a
long-sleeved blouse, and most notably the
cloth that covers her hair and head, which
religious folk know as a hijab. She is not
alone though. Beside her is a girl clutching obviously too shy to look at Manong
Andres. The girl’s name is Nur Ainee.”
The above is an excerpt from a
screenplay that is currently a work in
progress. Interestingly, it was conceptualized about a month after the Mamasapano incident on January 25, that led
to the demise of the 44 members of the
Philippine National Police - Special Action Force (PNP-SAF) and some casualties from the Moro Islamic Liberation
Front (MILF), the Bangsamoro Islamic
Freedom Fighters (BIFF) and civilians
near the area of the “mis-encounter.”
Perhaps almost everyone by now is
familiar with this story. There have been
many voices as well as perspectives,
some as old as time can remember, some
suddenly emerging out of nowhere.
Because of the Mamasapano incident,