Sponsorship Speech on SB No.

1717 or the
"Bangsamoro Basic Law"
under Committee Report No. 255
By Sen. Juan Miguel F. Zubiri

"Bangsamoro Basic Law, Towards a Just and Dignified Peace"

Mr. President, distinguished colleagues, I am honored to sponsor a

landmark bill, with so much promise, with so much hope ..... for a lasting
peace in Mindanao, and the rest of the country. This Senate Bill No. 1717,
under Committee Report No. 255, jointly submitted by the Committees on
Local Government, Ways and Means, and Finance, and the Subcommittee
on the Bangsamoro Basic Law, is a product of 11 public hearings, 6 whole
days of technical working group meetings and several thousand man-hours
of labor.

But before I proceed to the rest of my sponsorship, let me thank the

Chairman of the Local Government Committee, the mother committee,
Senator Sonny Angara, for graciously acceding to the creation of a
subcommittee to hear this bill. Also to the Senate President for granting
many of our requests and as the principal author of the bill. This bill, whose
other co-authors, aside from this representation, are Senator Bam Aquino
and Senator Risa Hontiveros, is a collective effort of the entire chamber.
Nowadays, it is very rare that we see a measure with so strong bipartisan
support, but fortunately and for good reasons, we have a very clear
bipartisan support in this bill.

And I thank all my colleagues for such support, especially those who
attended our hearings, both in the Senate and our out-of-town hearings in
all the provinces of the current ARMM, Senators Sonny Angara, JV Ejercito,
Sherwin Gatchalian, Bam Aquino, Risa Hontiveros, Cynthia Villar and the
Senate President. I was told by my staff that in recent Senate history, the
out-of-town committee hearings we conducted made a record of sort, for
being one of the highest in attendance by members, the one in Zamboanga
City had 7 members in attendance including the Senate President. It shows
the importance the chamber has accorded this bill. And the reception of the
people we consulted on the bill was amazing and most have voiced their
strong support for the immediate passage of the bill.

We also thank the secretariat and the Senators staff for their untiring
assistance, and the media for their coverage and documentation of our
hearings.

May we also recognize the Bangsamoro Transition Commission members

and their staff and supporters who are in the plenary today to witness this
historic moment.

In the course of our hearing Mr. President, we also made another record,
for having the highest number of Senators who simultaneously visited an
MILF camp, Camp Darapanan in Maguindanao. The visit to the MILF Camp
by the Senate panel cemented the mutual trust and confidence with each
other.

We also took a side trip in the Marawi City "ground zero" or ruins, which
is still close to the public and even the former residents of the houses and
buildings were not allowed to enter the site, for us to better assess the
damage and personally see the horrors a war could bring to a once vibrant
and thriving community. When we saw the destruction of Marawi City, we
could not hold back our tears Mr. President. What once were imposing,
sturdy and colorful structures are now reduced to rubbles. Such a horrific
sight. And I must say, enough of these wars, Mr. President. Our Moro
brethren had suffered long enough.

Bangsamoro Historical Narrative

The advent of Islam in southern Philippines started during the end of the
13th century and the beginning of 14th century when Arab traders arrived
in Sulu and performed missionary activities. This is the phase of the coming
of the Makhdumin and the first seeds of Islam were sowed by them. At that
time, the inhabitants in the area were animists.

The arrival of the Sumatran Islamic influences and political institutions

followed at the end of the 14th century. This phase is represented in the
Sulu tarsilas by the coming of Rajah Baguinda Ali who arrived in Sulu with
ministers and soldiers and established a principality.
 This was followed by the establishment of the sultanate of Sulu in the
middle of the 15th century under the Sherif Abu Bakr, an Arab who had
travelled extensively in Malaysia. The establishment of the sultanate
assumes that a large number of coastal inhabitants had become Moslems
and responsive to such Islamic institution.

Islam then spread to the Cotabato basin and subsequently spread to the
Lanao area during the end of the 15th century. This is signified in the
Mindanao tarsilas by the coming of Sherif Muhammed Kabungsuan.

Islamic influences in Sulu and Mindanao increased through greater

maritime contacts with Malacca, Java and Borneo, and the occasional visits
of Moslem traders and missionaries from Arab and Indian lands.

By the second half of the 16th century, Manila was already ruled by the
members of the Bornean aristocracy and signified the Islamization of the
area around Manila Bay. We know the name of Rajah Sulayman and when
the Spaniards came to Manila in the last quarter of the 16th century started
the fall of Manila as a Moslem principality.

Despite attempts by the Spaniards to colonize Sulu, Maguindanao and

Lanao areas during their more than 300 years of presence in the Philippines,
the Spaniards were not successful to convert the Moslems in the area to
Christianity and maintained their Islamic way of life and political institutions.

Then came the Americans and the short-lived Japanese government in

the country who were not successful as well in colonizing the Muslim
Mindanao.

Bangsamoro, loosely translated to English, means Moro nation or Moro

land. The term came into being when the Spanish colonizers arrived in Manila
in the mid-1500s and saw a strong Muslim settlements in the area. They had
expelled the Moors from Spain after nearly 800 years of conflict. The
Spaniards nicknamed the Philippines Muslim inhabitants the Moros, a
corruption of the word Moors.

The Bangsamoro people take pride for not having been colonized by these
foreign powers. And I say, we too, Christians, should be proud of that. It is
their sense that they were able to preserve their cultural, religious and
historical identity. But despite such triumphs, biases and prejudices by the
Filipino Christians toward the Bangsamoro people exists.

It is in that context that the Bangsamoro people aspire to correct such

historical injustice through self-determination.

The Muslim Secessionist Movement

This aspiration for self-determination can be regarded to have started or

resurfaced during the 70s when the Moro National Liberation Front (MNLF),
a splinter group of the Muslim Independence Movement and formed by Nur
Misuari, sought an independent Islamic state or autonomous region for the
Filipino Muslim minority. From then on, the MNLF had metamorphosed into
several organizations and groups, including the Moro Islamic Liberation Front
(MILF) founded by Hashim Salamat, primarily seeking an independent
Islamic state in Muslim Mindanao. And the rest, as they say is history. The
Muslim secessionist movement is now regarded as the second oldest internal
conflict in the world.

The Costs of Internal Conflict

Since the fighting between the Philippine government and Moro

secessionist movements started in 1970s, a World Bank study (Campo and
Judd, 2005) had roughly estimated the direct economic costs of the conflict
from 1970 - 2001 to be at $2 to $3 billion. That is the lowest estimate for
direct cost of the conflict, Mr. President.

Aside from the direct economic costs are the heavy human and social toll
of the conflict. The same study estimated the death toll since 1970 at
120,000 people, and unaccounted numbers of wounded and disabled.
Internally displaced people at two million, of whom 1 million in 2000 alone
during the "all-out-war."

The ARMM Organic Law

We have attempted twice through the enactment of RA 6734 or the Act

Providing for an Organic Act for the Autonomous Region in Muslim Mindanao
and the subsequent amendatory law, RA 9054 or an Act to Strengthen and
expand the Organic Act for the Autonomous Region in Muslim Mindanao.
 Unfortunately, according to at least two administrations, "it was a failed
experiment." I believe that, if we consider those two laws a failure, they
failed because no real full-autonomy was given to the Muslim Mindanao,
especially on the fiscal aspect. If our Muslim brothers and sisters have an
annual pilgrimage to Mecca and Medina for their hajj to purify theirsouls, so
too the ARMM leaders for their annual pilgrimage to Malacañang and
Congress to beg for funds from the so-called imperial Manila. Funds that
would otherwise accrue to them automatically that they can allocate based
on the needs and development plans for their people. That and other
important aspects heavily contributed on the failure of the previous
autonomous government in Muslim Mindanao.

The new Bangsamoro Basic Law

Which brings me to the proposed measure on the floor. This new

Bangsamoro Basic Law gives greatest latitude if not full autonomy to the
Bangsamoro government that will be established, to assert their political and
economic self-determination and pursue development programs for their
people according to their peculiar historical, cultural, religious and national
identities.

Salient Features

Here are some of the salient features of the proposed law.

1. Territory

On Territory. The bill proposes to cover what remains of the traditional

homeland of the Bangsamoro, which overtime has lost much of their territory
due to colonization and some policies that have deprived them of their lands
and marginalized them such as the earlier land registration acts that did not
provide them opportunity to register their lands or settlement programs that
offered their lands to settlers from Luzon and the Visayas. This is part of the
historical injustice that the Bill proposes to address.

The core territory includes the present territory of the ARMM, 6

municipalities in Lanao del Norte, cities of Cotabato and Isabela, 39
barangays in North Cotabato, and contiguous areas that may petition to join
the Bangsamoro. Note that the 6 municipalities of Lanao del Norte and the
39 barangays in North Cotabato already voted yes in the 2001 plebiscite for
inclusion in the ARMM. However, due to a technical issue in the manner by
which the plebiscite question was designed and the manner of appreciation
of the majority of votes, they were not included as part of the ARMM as it
then required them to obtain a double majority.

The Bill proposes to address this challenge by following the suggestion of

Justice Adolf Azcuna during the hearing, by constituting these 6
municipalities in Lanao del Norte and 39 barangays in North Cotabato into
geographic areas, so that we can give life to the provision of the 1987
Constitution on autonomy that allows municipalities and geographic areas to
join the autonomous region. This too, will give life not only to the peace
agreement we signed with the MILF but also to the MNLF.

2. Powers of Government

Reserved powers are matters over which authority and jurisdiction are
retained by the Central Government. The list of reserved powers would
pertain to powers that are the attribute of a sovereign country and are
important in maintaining its independence and ability to relate to other
countries such as foreign policy, defense, citizenship and others.

The concurrent powers are powers shared by the Central Government

and the Bangsamoro Government within the Bangsamoro. The Basic Law
enumerates 14 powers exercised by both the Central Government and the
Bangsamoro Government. Constitutional Offices in the Bangsamoro shall
continue to remain under the direct control and supervision of its National
Head Office.

To guard against allegations of rampant corruption in the ARMM this Basic

Law is providing that aside from the regional office of the Commission on
Audit in the Bangsamoro, the Bangsamoro Government shall also create a
Bangsamoro Auditing Office (BAO) which shall conduct pre-audit and post-
audit.

On the other hand, the exclusive powers that are granted the
Bangsamoro are powers essential to deliver services to its people and enable
them to develop as communities such as agriculture, public administration,
waste management, etc. It is a truism that these matters are best left to the
Bangsamoro government which is closest to the ground.

3. Intergovermental Relations Mechanism/Bodies

These bodies are provided to ensure coordination and cooperation

between the Central Government and Bangsamoro Government on matters
such as environment, energy, fiscal and natural resources among others.
These bodies are created as mechanisms to allow a degree of
synchronization while allowing a reasonable latitude of discretion for the
Bangsamoro government to exercise its power in the spirit of the autonomy
granted them. In a more context-specific case for the Bangsamoro and the
MILF, these mechanisms will allow them to transition in their assertion of
their legitimate grievances from an armed struggle to a more democratic and
peaceful means. In a way the Intergovernmental Relations (IGR) mechanism
is the venue for ventilating their issues and provide them a platform to
continue their assertion and advocacy, but this time around, no longer by
the power of the guns but by the power of the pen.

4. Bangsamoro Government

The Bangsamoro Government will allow them self-governance that will

put an end to their feeling of alienation which for decades have fueled their
rebellion. This will be a government of their own, a Parliamentary
government with the Chief minister as head of government and supported
by a cabinet. The Parliamentary System of government is closer to their
tradition as the Parliament mirrors their traditional leadership such as the
Ruma Bichara (Council) of the Sultanate of Sulu or the Atas (Council) Bichara
of the Sultanate of Maguindanao.

The Parliamentary System with this innovative features of party

representation, district representation, and reserved seats and sectoral
representation ensures that no one is left behind. Everyone will have a voice
in the Parliament. The party representation, constituting 50 percent of the
Parliament will infuse new dynamics and hope in the Bangsamoro
Government for the eventual triumph of genuinely principled parties.
Candidates will now be voted on the basis of party platforms and programs
and no longer based on popular personalities. The reserved seats and
sectoral representation will ensure that marginalized sectors and other
identities will have a voice in the Parliament.

An innovation included in this Bill is a provision that penalizes the

unprincipled transfer from one party to another which is a problem in this
country. This Bill proposes that if Member of the Parliament, after having
been elected under the proportional representation system, transfers to
another during his incumbency, he will forfeit his seat. Section 18, Art VII.

An anti-dynasty provision in the Parliament has also been included under

section 15, Art VII which provided that no party representative should be
related within the second civil degree of consanguinity or affinity to a district
representative or another party representative in the same parliament.

5. Bangsamoro Justice System

The Bangsamoro Justice System allows them to implement the civil and
commercial and minor criminal aspects of the Shariah law if the parties are
Muslims or where parties have voluntarily submitted to the jurisdiction of the
Shariah court. Also, regular courts will continue to function and allow for the
other indigenous peoples in the region to continue to practice their
customary laws. The justice system allows them to practice their religions
and recognize the uniqueness of their culture and identity while maintaining
the control and jurisdiction of the Supreme Court over the Shariah Court
system.

6. Public Order and Safety

On Public Order. The Bangsamoro Police remains a part of the PNP. The
Bill operationalizes Section 21, Article 10 of the Constitution that gives local
authorities the ability to manage peace and order.

7. Fiscal Autonomy

On Fiscal autonomy. The Bill will give meaning to the concept of true
fiscal autonomy by providing them sufficient freedom to determine their
priorities and how best to spend their funds with the least intervention from
the central government. The block Grant will be 6 percent of the net
collections both of the BIR and the Bureau of Customs. This will be
automatically appropriated and regularly released to the Bangsamoro akin
to the system adopted for the IRA of the LGUs. This measure addresses the
gap in the ARMM Autonomy Act that treated the ARMM only as a national
government agency and even less autonomous than ordinary LGUs.

To further strengthen their fiscal autonomy, the Bill proposes to provide

a share to the Bangsamoro in the taxes collected in the region as well as the
revenue derived from exploration development and utilization of natural
resources found therein. For taxes the sharing is at 75-25 in favor of the
Bangsamoro and for fossil fuels the same will be divided equally. This will
put a stop to their long standing grievance that we have been exploiting their
resources such as Lake Lanao for power generation but that they have been
deprived of the benefits that are derived from the exploitation of the
resources found in their area.

8. Special Development Fund

The SDF of 100Billion is designed to rehabilitate damaged infrastructure

in the region as a result of decades of war. The fund will be released in 10
equal installments for a period of 10 years and will be utilized based on
Development Plan crafted by them. This fund will allow them also to catch
up with the rest of the country.

9. Plebiscite

The plebiscite provisions in the Bill effects the Constitutional mandate to

secure the consent of the governed and ratifies the autonomy law for the
Bangsamoro. This is not an ordinary law and the Constitution has set the
parameters for its enactment different from ordinary legislation where after
its passage in Congress, the signature of the President is sufficient to make
it into a law. This Bill proposes that the Plebiscite be held in the following
areas:

1. The ARMM

2. The 6 municipalities in Lanao del Norte

3. The 39 barangays in North Cotabato

 4. Contiguous areas who may petition for inclusion in the Bangsamoro

To give full meaning to the constitutional provision for the creation of the
autonomous region and to honor our commitment to the peace agreements
we signed, we have designed the plebiscite to ensure the preservation of the
gains of autonomy by allowing the ARMM, as a geographic area, to vote as
one unit. For the 6 municipalities and to effect the mandate of the
constitution to allow municipalities and geographic areas to join the
autonomy, the determination of majority will be at the level of the
municipalities. This is also true with respect to the geographic area
constituting the 39 Barangays in North Cotabato.

For contiguous areas, we have raised the number of petitioners to 20

percent of the registered voters and also to allow them only to join if their
mother unit allows them to do so. This is ofcourse is without prejudice for
Congress to declare them as geographic units, in which case they may
subsequently join as such local government units where the determination
of majority will only be at the level of their concerned local government units.

To put a closure to the GPH-MNLF process which has already undergone

a Tripartite Review with the Organization of Islamic Cooperation, we have
proposed a subsequent plebiscite but only on three (3) occasions for a period
of 15 years. This process will finally shift the struggle of our brothers from
an armed revolutionary struggle to one of democratic and peaceful as they
need not fight with guns as there is an avenue for them to join their brothers
in the autonomy thru this periodic plebiscite. Our hope is that this provision
will finally put a closure to our peace process with the MNLF and usher in a
new era of peace and prosperity in the Bangsamoro and in the whole country
as well.

10. Bangsamoro Transition Authority

The Bangsamoro Transition Authority (BTA) will be the interim

government and allows the MILF to transition from a rebel organization into
governance through a peaceful democratic process. While the BTA will be
led by the MILF, other sectors in the Bangsamoro will be represented. The
transition period under the Bill will be for 3 years which will be a sufficient
time to stabilize the region and hopefully kick start development and
reforms.
Concluding Statement

Mr. President, in the course of the Bangsamoro struggle for political and
economic self-determination so much blood had been shed, so many lives
had been lost and so much hope had gone.

The Senate, through this bill, now has this rare chance to give justice to
the historical injustice in the Bangsamoro. We can correct the mistakes of
the past. Let us seize this opportunity. Let us not be bystanders in the
passing of history, let us make this spot in our history a meaningful one for
the Bangsamoro, let us not be cowed from our responsibilities, just the like
the rich tradition of this Senate.

Mr. President, I do not want to sound like a warmonger, but if we do not

heed this clamor for change in the Bangsamoro, God forbid, restlessness
among the armed groups in Mindanao could spiral out of control. The
possibility of another Marawi siege would not be far from the horizon. The
country can no longer afford more bloodshed. Our generation has suffered
long enough from the clutches of poverty, from the evils of war. Let not our
children and their future suffer some more. Never Mr. President, never.

So much now is upon our shoulders. Let us thrust ourselves on the right
side of history, and certainly, passing the BBL now is on the right side of
history. This is ourburden now and yet this could be our road to a just and
dignified peace not only in Mindanao but in the whole of Philippines.

Thank you Mr. President.