Beruflich Dokumente
Kultur Dokumente
INTRODUCTION
The Bangsamoro in Mindanao has long dreamt the regime of a political entity, firmly
believing that this shall lead to a long lasting peace. To materialize this aspiration, a series of
peace processes and agreements has been entered into by the Philippine Government and the
MILF (Moro Islamic Liberation Front). Throughout, their sincerity was tested.
With the most recent atrocity in Mindanao and amidst all the promises, both parties
are once again tested whether to pursue what will have been finally sought. But will anyone
be justified to link the tragic Mamasapano clash to the passage of the Bangsamoro Basic
Law? Should it hamper the passage of BBL if the Congress wills so? Or should it be treated
as merely showing the need for long lasting peace?
II.
On January 25, 2015, three platoons of the elite SAF (Special Action Force) police
squad entered the guerrilla enclave of Tukanalipao, Mamasapano, Maguindanao, with the
III.
OPINION/COMMENTS
Pending the investigation of the complete incident, one can only speculate from the
established facts. As such, the comments I will be writing will be based on the facts
established during Senate hearing and other undeniable information published through
reliable media sources.
The hearing and the interviews concretely show allegations of parties involved and
their circumstances, to wit:
1 2015 Mamasapano clash. wikipedia. Last modified on February 26, 2015. Retrieved February 26,
2015.
2 Andreo Calonzo. Amid outrage over Mamasapano clash, PNoy bats for Bangsamoro law. GMA Network.
February 25, 2015. Retrieved February 25, 2015
3http://www.opapp.gov.ph/sites/default/files/Implementing%20Guidelines%20of%20the
%202002%20AHJAG%20Communique.pdf
4 Amita Legaspi. After Violent PNP-MILF Clash, Bongbong Suspends BBL Hearings. GMANews.
January 26, 2015. Retrieved February 25, 2015.
5 Supra
their operation with the other party is certainly flawed. It is not an excuse for the
commission of a crime. 6
However, the members of MILF involved may not be held liable if they can prove
mistake of fact. That they engaged in firefight merely because PNP did not coordinate
may be overhaul if they can prove (1) that they did not start the firefight (2) that their act
was a defense and (3) that along the whole duration of the firefight they truly did not
know that the other group was SAF and that had they known earlier, they would have
withdrawn from the battle.
6 Hannah Torregoza. Senate Concludes Mamasapano Incident Probe. Gma News. February 25, 2015.
Retrieved February 25, 2015.
disclosing the whole plan and letting other heads work with it. But unfortunately, other
political interest, as it can be strongly speculated, untimely put the lives of innocent lives
to risk.
3. DISAGREEMENT OF MILF TO TURN OVER THEIR MEMBERS INVOLVED IN THE
INCIDENT
It is noteworthy that MILF reported that they will not turn-over their men,
invoking that the agreement provides that either institution will respectively discipline their
members. This is amenable only as to issues involving administrative conducts. Although at
the moment, the government cannot compel MILF and other involved groups to turn-over
their members for investigation, in the words of Justice Secretary Leila de Lima Kung gusto
ipakita ng MILF ang good faith, napakalaking confidence-building measure kung ngayon pa
lang [ay] magpahayag na sila na i-susurender ang mga miyembro sa tamang panahon, 7
To prove sincerity in its participation in governmental acts, MILF should show such this
time. Through this, they will also demonstrate willingness to truly maintain the peace and
order. However, the government should be the leader to this so it can prove to the other party
it just and unbiased treatment on the matter.
IV.
CONCLUSION
Should this incident affect BBL as in the context of justice and peace? On my
opinion, we should not let this incident negatively affect BBL but should instead become a
springboard that will let us dive into what the Bangsamoro has long aspired- justice and
peace. There is no causal relation of the incident to BBL, nor is BBL the reason for the
7 Amita Legaspi. De Lima to MILF: Commit to turn over men in Mamasapano clash. GMA News.
February 24, 2015. Retrieved February 25, 2015.
incident. Although the incident has a showing that MILF is somehow estoppel, but the Basic
Bangsamoro Law, is not an agreement, in its deepest core, between GPH and MILF but
between the entire Bangsamoro and the Government.