Primer on MOA

1. What is this MOA all about?

To begin with, the MOA stands for the Memorandum of Agreement on the
Ancestral Domain Aspect of the Tripoli Agreement of Peace in 2001. The MOA on
the Ancestral Domain is an integral part of that 2001 GRP-MILF Tripoli Peace
Agreement. The 2001 Tripoli Agreement includes among others the Security
Arrangement and the Development and rehabilitation of the Conflict areas.
2. What are the content of the now Controversial MOA?
The MOA on Ancestral Domain has four (4) Strands: Concepts, Territory,
Resources and Governance.
2.2 The Strand on Concepts and Principles: These are the real big stones in
The MOA. This strand sets the framework as well as the new prism by which the
issue and the struggle of the Bangsamoro need to be viewed and interpreted.
There are seven basic concepts and principles that the Philippine Government
recognize that become the platform of continuing peace process with the Moro
Islamic Liberation Front. These are the following:
a. The GRP recognizes that a Bangsamoro Identity is a birthright of all
Moros and IPs of Mindanao;
b. The GRP recognizes the Bangsamoro homeland;
c. The GRP recognizes that the ownership of the Ancestral Domain is
exclusively vested in the Bangsamoro people since time immemorial to
the present;
d. The GRP recognizes that the Ancestral Domain is not part of the public
domain;
e. The GRP recognizes the Bangsamoro as First Nation with defined
territory and system of government;
g. The GR recognizes the right of the Bangsamoro to determine their
future political status by popular consultation; and
h. The GRP recognizes the Bangsamoro Juridical Entity or BJE as the
authority over Moro ancestral domain and lands.
3. What are the implications of the Philippine Government recognition that
the Bangsamoro People is a distinct people?
First is the recognition by the GRP that the Bangsamoro People is a domestic
community distinct from the rest of the national communities.
Second is the fine tuning of the concept of the concept of Bangsamoro People.

This term refers to those who are natives or original inhabitants of Mindanao and
its adjacent islands including Palawan and the Sulu archipelago at the time of
conquest or colonization and their descendants whether mixed or of full native
blood. Spouses and their descendants are classified as Bangsamoro, including
the non-Islamized indigenous peoples, giving them the right of choice to be part
or not of the BJE.
Third is the government recognition of the Bangsamoro People as First Nation
with defined territory and with a system of government having entered into
treaties of amity and commerce with foreign nations.
4. What are the implications of the Philippine Governments recognition
that the Bangsamoro People have their own distinct territory?
First is the fact that the GRP recognizes the territory of the Bangsamoro People
shall consist of the present geographic area of the ARMM, including the
municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan and Tangkal in the
province of Lanao del Norte that voted for inclusion in the ARMM during the 2001
plebiscite. Subject to plebiscite within 12 months after the signing of the MOA,
the GRP shall deliver additional 700+ geographic areas in the Provinces of
Sultan Kudarat, Lanao del Norte, North Cotabato, Palawan and the entire Cities
of Cotabato and Isabela and some baranggays in the Cities of Iligan and
Zamboanga.
Second is the GRP recognition that the ownership of the homeland/territory is
vested exclusively in the Bangsamoro People.
Third is the GRP recognition that the homeland/territory never formed part of the
public domain. Thus, the homeland territory is not within the jurisdiction of the
Philippine Government.
Fourth is the GRP recognition that the homeland/territory encompasses
ancestral, communal, and customary lands, maritime, fluvial and alluvial domains
as well all natural resources therein that have inured or vested ancestral rights on
the basis of native title.
5. What are the implications of the Philippine Governments recognition of
the Bangsamoro Peoples right to their own government?
First, the MOA states that there shall be established a government entity
Bangsamoro Juridical Entity (BJE) - which shall have the plenary authority and
jurisdiction over the territory.
Second, the MOA defines that the relationship between the Philippine
Government and the BJE shall be associative characterized by shared authority
and responsibility with a structure of governance based on executive, legislative,

judicial and administrative institutions with defined powers and functions.

Third, the over-all purpose is to establish a system of governance suitable and
acceptable to them as a distinct dominant people.
Fourth, the GRP recognizes that the right to self-governance is historical. It is
rooted on ancestral territoriality exercised originally under the suzerain authority
of their sultanates and the Pat a Pangampong ku Ranaw. The Moro Sultanates
were states or karajaan/kadatuan resembling a body politic endowed with all the
elements of nation-state in the modern sense.
Fifth, the Philippine Government concedes historical international recognition of
the Bangsamoro People. The Bangsamoro People are recognized as First
Nation with defined territory and with a system of government having entered
into treaties of amity and commerce with foreign nations.