Beruflich Dokumente
Kultur Dokumente
TIME
10:00 a.m.
VENUE
AGENDA
ATTENDANCE
SENATORS PRESENT:
Hon. Miriam Defensor Santiago
Chairperson, Committee
on Constitutional Amendments and
Revision of Codes
Hon. Teofisto TG L. Guingona III
Chairman, Committee on Peace,
Unification and Reconciliation
Hon. Ferdinand Bongbong Marcos Jr. Chairman, Committee on Local
Government
Hon. Aquilino Koko L. Pimentel III - Vice Chairman, Committees
On Peace, Unification and
Reconciliation; and Constitutional Amendments and
Revision of Codes
GUESTS/RESOURCE PERSONS:
Hon. Artemio V. Panganiban
Hon. Adolfo S. Azcuna
Hon. Jose Luis Martin Gascon
Dean Julkipli Wadi
Datu Abul Khayr Alonto
Dean Merlin M. Magallona
Hon. Mohagher M. Iqbal
Hon. Pablo P. Garcia
Atty. Michael Tamayao
SENATORS STAFF:
Atty. Fatima Panontongan
Atty. Donna Manlangit
Ms. Tanya Perez
Ms. Chelsea Dauz
Ms. Arifah Macawa Jamil
Atty. Luzviminda Lavarias
Mr. Julius Palamos
Atty. Jose Cadiz Jr.
Atty. Mark Robert Dy
Ms. Tanya Ramiro
Atty. Homer Alinsug
Mr. Jess Abalos
O/S
O/S
O/S
O/S
O/S
O/S
O/S
O/S
O/S
O/S
O/S
O/S
Defensor Santiago
Defensor Santiago
Defensor Santiago
Defensor Santiago
Marcos
Marcos
Marcos
Marcos
Guingona
Guingona
Angara
Angara
O/S
O/S
O/S
O/S
Binay
Binay
P. Cayetano
P. Cayetano
SENATE SECRETARIAT:
Ms. Assumption Ingrid B. Reyes
Mr. Elpidio A. Calica, MNSA
Ms. Suharni Candao
Ms. Eleuteria Mirasol
Ms. Susana Grace L. Robles
Please
come to order. Please stand up and we will say a one minute prayer
for our countrymen in the SAF massacre.
Lord, please bless our beloved countrymen who died during the
operations of the police Special Action Force or SAF. Grant them, Lord,
Your divine mercy as you sit in judgment on their immortal souls. And
grant, Lord, comfort to those who are bereaved and most especially to
our country where we shall remember by Your grace that without
justice there can be no peace. Thank you. Amen.
Welcome to the second and the last hearing of the Committee on
Constitutional Amendments.
But I
understand that Justice Azcuna is not yet here. So well go to the next
pair for this topic. Pro will be taken by Chair Datu Abul Khayr Alonto of
the MNLF. And the contra side will be taken by Dean Merlin Magallona
of the UP College of Law, an internationally recognized expert on
international law.
Where is the Chair Datu Abul Khayr Alonto?
either? So what shall we do? Two people who are pro are not yet here
so we will reverse the procedure.
Chairperson.
Bago po ako magsimula, may I wish you speedy and complete
recovery. Sana po humaba pa ang buhay ninyo. Kailangan po kayo
ng ating bayan.
Second, may I read my letter, Your Honor, in response to your
invitation:
February 1, 2015,
Do we want
MR. PANGANIBAN.
demands of the MILF since 2008 have not changed in substance. The
MOA-AD
spoke
of
associative
while
the
CAB
provided
for
I think that
Truly,
governmental
structures
and
mindsets
by
amending
the
Constitution forthrightly and asking all our people, not just those in the
Autonomous Region of Mindanao, to join in a national debate and to
decide this great milestone in a nationwide plebiscite.
Respectfully submitted, Artemio V. Panganiban.
11
Thank
position is not that we first pass the law or we first amend the
Constitution. My position is that this can be done simultaneously by
Congress acting separately as a lawmaking body and as a constituent
assembly pursuant to the Constitution in order to speedily do this.
Thank you, Your Honor.
THE CHAIRPERSON (SEN. DEFENSOR SANTIAGO).
Thank
it
goes
against
the
Constitution
because
under
the
In our local
14
It
is
not
15
MR. AZCUNA.
And if it is not, it is up to
Congress to make sure that all these features are aligned with the
Constitutiona separate COA, separate Civil Service, separate police
force
must
not
be
allowed
to
be
really
separated
from
our
So
16
17
Court at the time that I was a member of the court suffered from many
defects.
Thank
you very much, former Justice of the Supreme Court Adolfo Azcuna.
18
One of our staff will come around to every resource person and
collect the statement delivered, if it is in acceptable form this morning.
So kindly turn over your statements. They will help me to write my
committee report which I will submit to the Committee on Local
Government, the prime committee.
So important is the topic of whether BBL should pass as a mere
piece of legislation in the ordinary procedure or should pass the more
sophisticated procedure of charter amendment that we have not one
but two pairs of debaters. And as usual with a debate, we will call on
the affirmative first and then the negative side. The affirmative side
may we call on him now will be taken by Chair Datu Abul Khayr Alonto
of the MNLF, Moro National Liberation Front.
Please proceed.
MR. ALONTO.
most merciful.
The Honorable Chair, Senator Miriam Defensor Santiago, may
the peace and blessings of Allah Subhanahu Wa Taala be with you all.
Good morning.
Our
proposition
is
for
the
immediate
legislation
of
the
We ask the
May I
and
to
date
the
Philippine
government,
the
stakeholders in Mindanao.
simply means the rule of law.
answer
would
be
resounding
Yes!
But
this
humble
21
pious man, His Holiness Pope Francis came to this country bringing the
message of mercy and compassion, yet so soon has that been
forgotten.
The tragic Mamasapano incident is not a simple police matter nor
is it merely an issue of insurgency. What we have is a war, a real war
22
23
As a
commandos were under order from a superior and both sides fought
valiantly to their last breath believing they were doing their duty to
their nation and country. Saying it was a massacre is doing a great
disservice to those men of valor, Madam Chair.
The tragic Mamasapano incident prompted us to issue a
statement at the first hour asking for a joint government-MILF full
investigation of the military misencounter. While we share the pain of
the families of those fallen warriors on both sides, this Honorable
Chamber cannot renege on the BBL and more so cannot support the
resumption of war in Mindanao.
compel us, compel the enactment of the BBL if only to prevent the
24
25
The
Please
stop that cellphone, please. It is very rude and very abstruse not to
remember that this is a solemn proceeding in the Philippine Senate.
Stop it immediately, on pain of contempt.
I am sorry, please proceed.
MR. ALONTO.
26
Former Vice
27
MR. ALONTO.
destitute, and more than three million of our people are scattered as
refugees all over the Philippines, in Malaysia, in Middle East and
elsewhere. These are all results of the Mindanao war.
At this juncture, kindly, Madam Chair, indulge me in my
narration of events.
In 1966, I organized the Lam Alif, the Muslim youth movement
which became the rallying flag of protest movement that ensued after
the 1968 Jabiddah Massacre.
others, youth leaders which included Nur Misuari who I dissuaded away
from the Kabataang Makabayan, the youth wing of the Communist
Party of the Philippines that he founded with Jose Maria Sison.
Together with these men, we formed the first 90 men of the
organization and I proposed to be named Moro National Liberation
Front and moved to call our military arm the Bangsamoro Army.
We led the defense of the Bangsamoro people as the highest
MNLF officer in this country during the war of the 70s and along with
my comrades, some of them are here with us today, Madam Chair, we
stayed put and gave our best to the defense of Mindanao as it raged in
the fire of war.
28
In 1974, I was tasked to bring before the OIC the manifesto that
gave birth to the 1976 RP-MNLF Tripoli Agreement.
Unfortunately,
after the signing, Nur Misuari refused to come home. And in spite of
my letters to him, he refused to resolve the conflict he had with our
good brother, Hashim Salamat, that led to the split and the creation of
the Moro Islamic Liberation Front in 1977.
In the spirit of the Tripoli Agreement, I joined the way of peace
and worked for the implementation of the Tripoli Agreement in spirit
and letter in 1979.
Regional Autonomous
Assemblyman
Juan
Sibug
of
the
Moro
Highlanders
29
likened to a car without a fuel, battery and spare tires. As such, in the
enactment of the BBL, we exhort this august chamber to grant the
Bangsamoro a law that has the full mechanism of autonomy so that
the failures of the past need not be repeated.
We commend the sincere and courageous efforts that the MILF
and the GPH Panel manifested in signing the decommissioning
30
agreement last Friday, which shows the confidence of both sides on the
peace process.
opportunity to end the Mindanao war and correct the 497 years of
historical
injustices
archipelago.
done
to
the
Moro-Malay
Muslims
of
this
we are in today.
When the Spaniards came to our islands and saw the Moro-Malay
Muslims of this archipelago having the same religion as the Muslim
Moors, their colonial masters for 800 years from 1711 to 1492, they
called the Malay-Muslims Moros, transferring their deep hatred and
vengeful spirit for their colonial masters to these native inhabitants.
For 333 years, Madam Chair, they inculcated that same deep
hatred and vengeful spirits to those they were able to colonize: the
Indios who are now the Filipinos.
Then the Americans committed an infamy of history
THE CHAIRPERSON (SEN. DEFENSOR SANTIAGO).
Please
forgive me, Mr. Chair, but Im desperate to hear all the members of
the resource panel.
statement, if possible?
31
MR. ALONTO.
understand without taking into account the historical past that made
us what we are here today.
THE CHAIRPERSON (SEN. DEFENSOR SANTIAGO). All right.
Please proceed.
MR. ALONTO. Thank you, Madam Chair.
Then as I have said, the Americans committed an infamy of
history by agreeing to the inclusion of Mindanao and Sulu to the
Philippines in the Treaty of Paris.
Treaty in August 1899 with the Sulu Sultanate, a maneuver to lull the
Moros while they pacified Luzon and Visayas areas, then they came
back, they turned upside down our homeland. The American military
campaign in the Moroland claimed 20,000 lives. Then the Public Land
Act of 1909 reduced the land of every Moro family to just 10 hectares
while any individual settler can own from 24 hectares up which meant
a family of five can own 120 hectares or even more. The tragedy of it
all, honorable chair and membersI am happy the good Chair of the
Peace and Reconciliation Committee is here with you, Madam Chair,
32
and the good Senator Pimentelis that the Moros did not even know
their lands had been titled nor limited.
Furthermore,
in
1926,
the
American
Colonial
Government
33
historic opportunity of ending the Mindanao war, but you also finally
liberate the Filipino nation from the shackles of the cruel colonial past.
That in the passage of the BBL, we will finally accept that we are two
distinct people with two different history but of the same Malay race
sharing one destiny under one Philippine flag and finally a truly free
and united Philippines.
noble and sacred covenant of peace with justice between our two
peoples and our Creator.
Honorable Chairs of the three committees, the Bangsamoro Basic
Law is in consonance with our inherent and inalienable right as a
people.
34
COMMITTEE ON
LOCAL GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
CFDriz
VI-1
February 2, 2015
10:55 a.m.
1
Thank
COMMITTEE ON
LOCAL GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
CFDriz
VI-1
February 2, 2015
10:55 a.m.
2
COMMITTEE ON
LOCAL GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
CFDriz
VI-1
February 2, 2015
10:55 a.m.
3
Moreover,
it
identifies
through
us
the
corresponding
Legislation is
regulation--of
following form:
constitutional
system
may
take
the
37
COMMITTEE ON
LOCAL GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
CFDriz
VI-1
February 2, 2015
10:55 a.m.
4
In which
to
exert
all
efforts
towards
realizing
the
full
The executive
himself to the
COMMITTEE ON
LOCAL GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
CFDriz
VI-1
February 2, 2015
10:55 a.m.
5
Constitution/cfd
39
It is never reasonably
40
change
beyond
the
constitutional
competence
of
jurisdictions,
hierarchies
and
accountability
of
the
this
condition,
the
BBL
is
beyond
the
statutory
41
Thus,
By installing a parliamentary
Yes,
42
Thank you,
Honorable Chair.
Honorable members of this Senate Committee on Constitutional
Amendments and Revision of Codes, Madam Chair, I consider this
appearance of mine in this hearing as a rare privilege and it is an
honor on my part. Thank you very much, Your Honor.
My subject is about, where are the checks and balances in the
Bangsamoro Basic Law. The core idea of checks and balances is that
no one branch of government should be too powerful that it can get
too far out of control without being put in check by the other branches
of government.
43
Stated
Bangsamoro Government.
First, let me focus our attention on the vertical relationship
between the Central Government and the envisioned Bangsamoro
Government.
That the
of
its
agreed
goals
and
policies
with
the
Central
44
45
MR. IQBAL.
with
the
authority
resolve
disputes
and
issues
relating
to
authority and duty to examine, audit and settle all accounts pertaining
46
Electoral Office which shall perform the functions of the Comelec in the
Bangsamoro. (Section 9, Article VII);
12. The Ombudsman has jurisdiction and authority over public
officers and employees in the Bangsamoro;
13.
47
Natural
Resources
and
Agriculture
and
the
secretary
of
48
There
are
divided
into
two
branchesthe
executive
and
legislative.
Executive Authority is exercised by the Cabinet which is headed
by a chief minister (Section 3, Article VII). The chief minister has the
following functions:
(a)
(b)
Authority
is
within
the
Bangsamoro
Parliament
are
elected
by
representation,
the
single
people
through
member
districts
system
and
of
proportional
reserved
seats.
Parliament has the authority to enact laws on matters that are within
the powers and competencies of the Bangsamoro (Section 2, Article
VII). The laws must promote the general welfare of the Bangsamoro
people
question hours, opposition days, etcetera, and other practices that will
50
Members of
Wali.
51
Ultimately, the
single, biggest and most effective mechanism for checks and balances
is the support of the Bangsamoro people through the power of the
ballot.
then that government will not be able to continue governing for they
will surely lose in the democratic elections.
Democracy is the
mechanism that will make sure that government power is used for
what is good and not for what will bring ruin to the people.
Honorable Chair, thank you very muchbrhg
52
Thank
constitutional
infirmities
and
transgressions
of
the
Bangsamoro Basic Law can be classified under two categories: the first
is on the legislative empowerment or capacity and the second is on the
53
To carry out
first
Congress
referred
to,
elected
under
the
1987
56
MR.
GARCIA.
For
the
The resounding
answer, Your Honors, is no. No, Congress cannot create any other
autonomous region in other parts of the country other than the
Autonomous Region in Muslim Mindanao and in the Cordilleras. Where
are the reasons?
In the first place, the Constitution has authorized or empowered
only the first Congress elected after the adoption of the Constitution or
the Eighth Congress to pass the organic acts for the two autonomous
regions.
Secondly, the language of the Constitution is clear that only two
are to be created. Thus, there shall be created Autonomous Regions in
Muslim Mindanao and in the Cordilleras.
And thirdlyand this is the most importantfrom the records of
the Constitutional Commission, the intent of the Constitution as
reflected in the discussion during the commission is very evident. In
other words, the constitutional intent that only two autonomous
regions can be created.
57
proceed.
Father Bernas: Is it then the sense of the committee that
besides
recognizing
the
Cordilleras
and
Muslim
Mindanao
as
58
provides:
Bangsamoro
Basic
Section
1.
Asymmetric
Relationship.
59
60
a new
outside
the
the
Comelec?
Or
the
There
is
an
62
The Constitution
64
COMMITTEE ON
LOCAL GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
CFDriz
VI-2
February 2, 2015
11:55 a.m.
1
MR. GARCIA.
significance
and
political
of
Section
1,
which
subdivision,
is
that
enumerates
provinces,
this
cities,
To
This
65
COMMITTEE ON
LOCAL GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
CFDriz
VI-2
February 2, 2015
11:55 a.m.
2
support and defend the Constitution of the Philippines and bear true
faith and allegiance to the same.
Your Honors, may I conclude with the following parting
It has been said that there are moments in the lives of every
man or woman when they are called to certify, to seal with their action
what they believe, what they have sworn to, and what they preach.
Such a moment has come to the men and women of this Sixteenth
Congress of the Philippines.
Thank
Yes,
please.
MR. GARCIA. Is there any opportunity for rebuttal?
THE CHAIRPERSON (SEN. DEFENSOR SANTIAGO).
sorry, no, because were already beyond our time limit.
Im
Those
66
COMMITTEE ON
LOCAL GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
CFDriz
VI-2
February 2, 2015
11:55 a.m.
3
and the
vision it purports
to
COMMITTEE ON
LOCAL GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
CFDriz
VI-2
February 2, 2015
11:55 a.m.
4
talk or share views as she is too absorbed with her position as Peace
Chair, given the fact too, that I do not wholly toe the line of OPAPP
issues relative to strategic questions of the peace process. It is just
that Suksis work is readily available in the Internet where any student
of
Political
Science,
Public
Administration
and
Political
and
COMMITTEE ON
LOCAL GOVERNMENT JOINT WITH THE
COMMITTEES ON PEACE, UNIFICATION AND RECONCILIATION;
AND CONSTITUTIONAL AMENDMENTS AND REVISION OF
CODES
CFDriz
VI-2
February 2, 2015
11:55 a.m.
5
as we paint
the
69
MR. WADI.
of
Muslim
Mindanao
in
2001
and
possibly
until
the
GMA administration was in its twilight year, after being bruised heavily
due to the bungled MOA-AD in 2008 in the Maguindanao massacre in
2009.
Mindanao and the Sulu archipelago? These questions entail much time
to discuss and elaborate.
For brevity, let me quote the first paper mentioned above: The
main source of instability is anchored on a century of unresolved
contestations
over
the
political
status
of
Mindanao
and
Sulu.
The
powers
define
the
form
of
government:
presidential
or
parliamentary.
In all indications, the colonial political mixture is what creates a
disjuncture between the horizontal and vertical relations of powers
because from the point of view of governance a unitary setup requires
a relatively homogenous society while an effective application of
73
laws,
that
is,
the
legislative
power
or
the
law-making
on
Moro
asymmetrical
relation
during
the
US
colonial
76
MR. WADI.
which, in my view, is responsible in the cycle of tier-making and tierchanging in Mindanao and the Sulu Archipelago.
Understandably, from the perspective of the state, the traditional
approach of power dispersal through autonomy using strong executive
approach is favorable to the national government in terms of
maintaining national power down the line. However, such an approach
rests on the assumption that local areas are relatively homogenous
and fully integrated with the national community. But given the
political and cultural distinctions of Moro society honed by separate
history different from Philippine
autonomous,
77
the
functions
of
legislation
in
subnational
level
that
and
processes
undermined
by
patronage
politics,
substate
that
carries
strong-legislature
feature
generally
In my
blame on the Moros with their doggedness and tenacity in pursuing the
right for self-determination. But as Moro fronts like the MILF begins to
redefine self-determination generally in its internal dimension not in its
external aspects, the government should also be ready to make
corresponding recalibration beyond traditional approach of autonomy.
At this point, I would like to leave this major constitutional
question and address the fear of some that the BBL may serve as a
80
83
Thank
And it is
85
86
Mindanao
with
new
entity
called
Bangsamoro
is
fear that the BBL would threaten any dismemberment of the Philippine
territory.
The bill clearly guards against any and all possibility of the
proposed Bangsamoro
in
the
BBL
hence
imports
dual
recognitionone,
We highlight that
Thus, to the
This finds application for instance when the Army, the Navy, the
Air Force of the Armed Forces of the Philippines shall exercise full
authority therein as directed by their commander in chief and
depending on the demands of national security.
As to jurisdiction over the areal domains, the Bangsamoro will
likewise exercise jurisdiction only insofar as the power involved is
exclusive. An example of the Bangsamoros authority over airspace is
similar to local governments jurisdiction under the Local Government
Code over regulation of high rise buildings by zoning.
On the matter of air transportation, specifically/mpm
90
MR. GASCON.
noted that exclusive powers over the same have not been given to the
Bangsamoro.
determined
intergovernmental
relations
mechanisms
government
shall
be
determined
through
the
same
91
This
sovereignty still resides with the Filipino people and from whom all
government
authority
emanates
including
the
authority
of
the
And
to
the
autonomous
region,
shall
be
vested
in
national
92
93
Under the BBL, one can easily glean that the delineation of
powers favors the devolution of powers for the autonomous region.
Hence, the autonomous region is manifestly not reduced to a mere
administrative agent of the government and thats the reference to
asymmetry here. It is distinguishing itself not vis--vis the ARMM, it is
distinguishing itself from other administrative regions in the country as
well as from the other local government provinces, cities and
municipalities. It is after all a regional government.
There is no requirement under the BBL for strong representation
of the Bangsamoro in the central government.
Only adequate
94
Thank
And with
95