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Transcript of Senate briefing on the BBL, Sept. 23, 2014
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Republic of the Philippines CONGRESS OF THE PHILIPPINES
S E N A T E Pasay City
COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE
COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION
DATE : Tuesday, September 23, 2014 TIME : 10:00 a.m. VENUE : Session Hall 2nd Floor, Senate of the Philippines Financial Center, Roxas Boulevard
Pasay City AGENDA: BRIEFING ON SENATE BILL NO. 2408 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 (by: Senators Drilon, Sotto, A. Cayetano, Legarda, Ejercito, Binay, Escudero, Aquino, Angara, P. Cayetano, Honasan and Guingona)
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Committee on Local Government joint with the Committee on Peace, Unification and Reconciliation Tuesday, September 23, 2014 Page 2 x ------------------------------------------------------------------------------- x
A T T E N D A N C E
SENATORS PRESENT: HON. FERDINAND R. MARCOS JR. - Chairman HON. AQUILINO KOKO PIMENTEL III HON. PIA S. CAYETANO HON. JOSEPH VICTOR G. EJERCITO GUESTS/RESOURCE PERSONS: Hon. Teresita Quintos-Deles - Secretary Presidential Adviser on the Peace Process Atty. Mohagher Iqbal - Chairman Bangsamoro Transition Commission (BTC) Mr. Akmad Sakkam - Commissioner, BTC Mr. Timuay Melanio Ulama - Commissioner, BTC Mr. Ibrahim Ali - Commissioner, BTC Mr. Abdulla Camlian - Commissioner, BTC Atty. Sha Elija Dumama-Alba - Commissioner, BTC Atty. Lanang Ali Jr. - Commissioner, BTC Prof. Miriam Coronel-Ferrer - Government of the Philippines (GPH)
- Panel Chair Mr. Senen Bacani - GPH Panel Member Atty. Anna Tarhata Basman - GPH Legal Head
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Committee on Local Government joint with the Committee on Peace, Unification and Reconciliation Tuesday, September 23, 2014 Page 3 x ------------------------------------------------------------------------------- x SENATORS STAFF: Atty. Jose S. Cadiz Jr. - O/S Marcos Atty. Minda D. Lavarias - O/S Marcos Mr. Julius Palamos - O/S Marcos Ms. Zheanne Aeson M. Dantis- O/S P. Cayetano Atty. Deegee Uy-Anastacio - O/S P. Cayetano Ms. Fritzie Rose Selda - O/S P. Cayetano Mr. Jason Co - O/S A. Cayetano Atty. Katrina Bianca T. Tamayao- O/S Villar Ms. Elaiza Balajadia - O/S Lapid Atty. Harold Ian Bartolome - O/S Pimentel Atty. Paisalin P. Tago - O/S Pimentel Mr. Ryan Martin Macalatan - O/S Pimentel Atty. Elbert Cruz - O/S Pimentel Ms. Vira Panes - O/S Osmea Mr. Doni Capuyan - O/S Osmea Mr. Brian See - O/S Legarda Atty. Mark Robert Dy - O/S Guingona Ms. Judith Lee - O/S Guingona Ms. Kristela Castronuevo - O/S Recto Ms. Jeng Rondal - O/S Ejercito Atty. Placido O. Garcia III - O/S Poe Ms. Maila Carandang - O/S Trillanes Ms. Maji Marlunas - O/S Angara Mr. Ricardo Calimay - O/S Binay Atty. Jun Almalbis - O/S Honasan SECRETARIAT: Ms. Assumption Ingrid B. Reyes - Committee Secretary Committee on Local Government Mr. Elpidio Calica - Committee Secretary Committee on Peace, Unification and Reconciliation Ms. Norma G. Dizon - Committee Stenographer Ms. Cindell B. Gealan - Committee Stenographer Ms. Jocelyn A. Dela Cruz - Committee Stenographer
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Committee on Local Government joint with the Committee on Peace, Unification and Reconciliation Tuesday, September 23, 2014 Page 4 x ------------------------------------------------------------------------------- x
Ms. Marivic H. Ulep - Committee Stenographer Ms. Jeanne M. Baisa - Committee Stenographer Ms. Cristina D.C. Astrero - Committee Stenographer
Ms. Anna Leah C. Catimbang - Committee Stenographer Mr. Rommel P. Alger - Committee Stenographer Ms. Avigail G. Andaya - Assisting Staff Ms. Mylene R. Palino - Assisting Staff Mr. Felipe A. Dahino - Assisting Staff Ms. Ana Marie F. Deplomo - Assisting Staff Mr. Daniel D. Diamzon - Assisting Staff Mr. Randy Estur - Committee Legislative Page Mr. Rolando Tancioco - Committee Legislative Page Mr. Raul Balansag - Committee Legislative Page [FOR COMPLETE LIST, PLEASE SEE ATTACHED ATTENDANCE SHEET.]
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION NGDizon I-1 September 23, 2014 10:18 a.m. 1
AT 10:18 A.M., HON. FERDINAND R. MARCOS JR., CHAIRMAN OF THE COMMITTEE ON LOCAL GOVERNMENT, CALLED THE BRIEFING TO ORDER.
THE CHAIRMAN (SEN. MARCOS). Good morning, ladies and
gentlemen.
The briefing for the Committee on Local Government joint with
the Committee on Peace, Unification and Reconciliation is called to
order.
I am informed that since this is a briefing and not a hearing, we
may not require a quorum. I was waiting for the others to join us but I
think we can get started since this could involve discussion.
So I would just like to acknowledge for the record our invited
guests: the Presidential Adviser on the Peace Process, Secretary
Teresita Quintos-Deles; the chairman of the Bangsamoro Transition
Commission, Chairman Mohagher Iqbal; and members of the
Commission, Commissioner Akmad Sakkam, Commissioner Timuay
Melanio Ulama, Commissioner Ibrahim Ali, Commissioner Abdulla
Camlian, also together with Atty. Sha Elija Dumama-Alba and Atty.
Lanang Ali Jr.
For the panel chair for peace negotiations with the MILF,
Professor Miriam Coronel-Ferrer, together with Secretary Senen
Bacani.
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION NGDizon I-1 September 23, 2014 10:18 a.m. 2 Ladies and gentlemen, thank you for coming and welcome to the
Senate.
I had requested for this briefing for those of us who have not
been able to receive copies of the Organic Law as it has been proposed
or has been drafted for the information and enlightenment of not only
the members of the Committee but, of course, also that of the general
public. This is so important a measure that I believe the discussions
should not be limited to those of us in the Senate or in the House of
Representatives who are directly involved in the drafting of this bill,
but I think the discussion and debate should go out to the general
populace seeing as any results, any success that we garner here by
passing this measure will be of a beneficial effect not only to ARMM,
not only to the proposed Bangsamoro but also to all of the Filipino
populace. And that is why again it pays to be very well-informed.
So without further ado, we can proceed with the briefing. I will
yield the floor to Secretary Deles.
Secretary Deles, if you would like to proceed?
MS. QUINTOS-DELES. Good morning to the Chair and the
honorable members of the Committee. Again, we thank the Senate
that they have allowed time for the discussion of the bill on the
Bangsamoro Basic Law even though budget hearing is happening.
That indicates to us how important this is and that indicates to us the
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION NGDizon I-1 September 23, 2014 10:18 a.m. 3 intent of the Senate as well as the House of Representatives to not
waste time on examining this bill or discussing this bill.
As I have informed the Committee Chair, what will happen in this
briefing will, in a way, be a milestone also because as we had
communicated and Mr. Iqbal will also put forward in his opening
remarks that it isThere will only be one presentation because it is
very clear to the two parties that we are on the same platform. We
work together very hard on the completion of the draft Bangsamoro
Basic Law. And, therefore, the presentation that will be done by Mr.
Iqbal is also the presentation that is being put forward by government.
So we will not say very much more, Your Honor. I think the
importance of this bill and the law to be passed to this government as
an important pillar of the reformed agenda has been made clear over
and over again. This is on the top of the list that was given to both
houses of Congress of the legislative measures that the Executive
was turned over to the Legislature. And it is in this light that we again
convey our commitment and our readiness to be present to the
Senate, to the Committee in every way that the Committee will want
to happen.
So, Your Honor, it is the Bangsamoro Transition Commission with
the Chair, Mr. Iqbal, that will be doing the presentation.
THE CHAIRMAN (SEN. MARCOS). Thank you, Secretary Deles.
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION NGDizon I-1 September 23, 2014 10:18 a.m. 4
Yes, Chairman Iqbal, if you would.
MR. IQBAL. Thank you very much, Your Honor, Senator
Ferdinand Marcos Jr., head of the Committee on Local Government, for
allowing me to make a short message.
Before the formal presentation on the Bangsamoro Basic Law, I
would like to make an opening statement here, a very brief one. Of
course, my courtesy to Secretary Teresita Ging Deles; my esteemed
colleagues in the government peace panel, Professor Miriam Coronel-
Ferrer; my fellow commissioners of the Bangsamoro Transition
Commission especially Ambassador Sakaam; former Secretary Senen
Bacani of the GPH Peace Panel; other guests; members of the media;
ladies and gentlemen, good morning.
Thank you for this opportunity to address the esteemed
members of the Senate and talk about what is very important to us
establishment of the Bangsamoro. Why does the establishment of the
Bangsamoro matter? Why should we build the Bangsamoro? This is
important because establishment of the Bangsamoro will end the long-
standing conflict that has been the scourge of our people. The conflict
has caused untold pain and misery. It has brought poverty and
insecurity to our people. It has cost thousands of lives. Let us end this
situation. Let peace be our lasting legacy. Every person has a right to
live a happy and meaningful life. Let us grant this right to our peoples
8
COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION NGDizon I-1 September 23, 2014 10:18 a.m. 5 in the Bangsamoro. Life is meant to be lived in freedom and in pursuit
of meaning and significance. Instead, the conflict has caused our
people to live in fear and in want. Today, we have a singular
opportunity to end suffering, poverty, illiteracy, impunity and
lawlessness. Let us work hard to make this happen. Let this be our
lasting legacy.
Now, there is more. The Bangsamoro will not only liberate the
Bangsamoro people from insecurity and poverty. It will also build a
country. It will make the Philippines whole. For the longest time, the
Bangsamoro had been kept at the margins of Philippine national life.
The Bangsamoro will grant us the opportunity to participate as real
active citizens of this country. The Bangsamoro will also strengthen
the stability of this country and will be our best antidote against rising
radicalism as it will show that there is space for the Bangsamoro in
the Philippines.
The Bangsamoro will also spur this countrys development as it
will become an economic hub in an area adjacent to Malaysia,
Indonesia and Brunei. With these that the Bangsamoro will bring,
there will be more investment, more jobs, more education and more
opportunities not just for the Bangsamoro but for the whole country
as well.
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION NGDizon I-1 September 23, 2014 10:18 a.m. 6
Lastly, the Bangsamoro will also strengthen our geopolitical
status in Asia. Whereas before, our country was divided; now we are
one. Those opposed to the peace in the Bangsamoro will claim that the
Bangsamoro Basic Law is unconstitutional, will divide the country and
is merely a ploy for independence on the part of the MILF.
The Constitution, among others, is a toolkit for solving
intractable social problems. There is enough flexibility in the
Constitution that will accommodate real solutions to ending the conflict
in Mindanao. As long as /ngdizon
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION CBGealan II-1 September 23, 2014 10:28 a.m. 1
MR. IQBAL. As long as there are men and women of goodwill
that seek peace, the Constitution will never be a hindrance. Instead of
dividing the country, the Bangsamoro will unite the country. What
divides the country is neglect, lack of respect, and lack of appreciation
of diversity. What unites a country is respect and celebration of the
richness of our different histories, cultures and faiths. This is what the
Bangsamoro brings.
The Bangsamoro is our best insurance against independence. If
the Bangsamoro works to bring peace, development and security to
the people, then independence becomes less attractive. People will
only leave a relationship when they are treated badly. But if they are
treated well, there will be no reason to aspire to be independent. Look
at the result of the referendum in Scotland where the no vote for
independence outvoted the yes for independence. The same applies
to the Bangsamoro.
Once again, we would like to say that we have given the best
years of our lives to securing a better future for our children. A future
that is peaceful, secure and prosperous. Given the circumstances, we
would gladly do it all over again. This is our solemn commitment. But
now we have a chance where our children need not make that kind of
sacrifice again. Help us make that happen. Let us build a future
where our children will spend the best years of their lives pursuing
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION CBGealan II-1 September 23, 2014 10:28 a.m. 2
their highest dreams of peace and prosperity. Let peace be our lasting
legacy.
Finally, I trust the collective wisdom of the members of
Congress, both in the Senate and the Lower House, to pass a good
legislation in the form of this proposed Bangsamoro Basic Law.
Thank you very much.
THE CHAIRMAN (SEN. MARCOS). Thank you, Chairman, for
your opening statement. If you would like to proceed now with the
briefing.
MR. IQBAL. Thank you very much, Your Honor.
I would request Atty. Eli Dumama to make the actual
presentation.
THE CHAIRMAN (SEN. MARCOS). Before we proceed, I would
just like to recognizeI failed to recognize her earlierAtty. Anna
Tarhata Basman, the GPH Legal Head.
Chairman, please go ahead.
MS. ALBA. Bismillah hirrahman nirahim, assalamu alaikum and
good morning, Senator Marcos.
We are here to present a brief outline of the Bangsamoro Basic
Law.
Next slide, please.
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION CBGealan II-1 September 23, 2014 10:28 a.m. 3
The first slide has been duly elaborated on by Chairman
Mohagher Iqbal, the Chairman of the Bangsamoro Transition
Commission.
What is in it for us? Why do we need to pass the Bangsamoro
Basic Law?
The first is it will end the long-standing suffering of the
Bangsamoro people. A lot of conflicts and hatred, and animosity had
built up across time between these people, the Bangsamoro people,
and the government.
We need a Bangsamoro Basic Law to make the Bangsamoro
people feel that they are part of this country. This will enable us to
foster unity and harmony, and integrate the Bangsamoro into the
Philippine society.
It will also usher in economic development, bring jobs, give jobs
to people, make them educated and contribute to the progress of our
country. And it will act as a shield against rising radicalism, because
we need a lovely and peaceful place where people feel safe and
important.
Next slide, please.
Now the Bangsamoro Basic Law has 18 articles, and 242
sections. As you can see, these are the articles, the contents of the
Bangsamoro Basic Law.
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION CBGealan II-1 September 23, 2014 10:28 a.m. 4
Next, please.
The Preamble of the Bangsamoro, as you can see, it reflects that
it is within the bounds of the Constitution, 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.
Why do we need to establish a Bangsamoro political entity?
The purpose is to establish a political entity that will provide for
the basic structure of government in recognition of 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. This embodies right to self-determination and self-
governance.
Next, please.
We go on to the key issues in the proposed Bangsamoro Basic
Law. First is about the territory; second is inclusiveness; third,
security; fourth is revenue generation and wealth sharing; the fifth is
the role of the indigenous peoples; and sixth is Shariah law.
The Bangsamoro government adopts a ministerial or
parliamentary form of government. Under Article IV, Section 2, the
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION CBGealan II-1 September 23, 2014 10:28 a.m. 5
Bangsamoro government shall be parliamentary. Its political system is
democratic, allowing its people to freely participate in the political
processes within its territory.
Legislative authority is vested in 60 members of the parliament,
50 percent of whom are representatives of political parties elected
through a system of proportional representation, 40 percent are
district representatives, and 10 percent reserve seats and sectoral
representatives. They will serve on a three-year term with no more
than three consecutive terms. The titular head will be the wali, who
will only perform ceremonial functions.
Executive authority is vested in the Bangsamoro Cabinet. The
executive function and authority shall be exercised by the Cabinet
ministers who shall be headed by a chief minister. The composition
are chief minister, the deputy chief minister and other ministers.
The chief minister shall be elected by a majority of votes from
among the members of the parliament. And the deputy chief minister
is appointed by the chief minister from among the elected members of
the parliament and the other ministers shall be from majority of the
members of the parliament.
We move on to the intergovernmental relations mechanism.
The intergovernmental relations mechanism or IGR is established
at the highest levels that will coordinate and harmonize the
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION CBGealan II-1 September 23, 2014 10:28 a.m. 6
relationship between the central government and the Bangsamoro
government to resolve issues and disputes on intergovernmental
relations through regular consultations and continuing negotiations in a
non-adversarial manner, and all issues that are unresolved in the
intergovernmental relations mechanism shall be elevated to the
President through the chief minister.
It is also worth noting that there is a Bangsamoro parliament and
Philippine Congress Forum that will meet regularly to tackle issues on
legislation.
THE CHAIRMAN (SEN. MARCOS). Could you expand on that
because that is a feature thats not well understood?
What exactly will be the function of that body? And because it
to some quartersit sounds that, again, the question of sovereignty
immediately comes up because if both the Bangsamoro government
and the Republic of the Philippines are treated on an equal standing,
then of course we are saying it might be interpreted as a state within a
state. So, perhaps, what you just mentioned, if you could expand on
that just for our understanding. Please, Attorney.
MS. ALBA. Well ask Atty. Basman/cbg
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION JADela Cruz III-1 September 23, 2014 10:38 a.m. 1
MS. ALBA. We will ask Atty. Basman to elaborate.
MS. BASMAN. With your permission, Senator Marcos.
THE CHAIRMAN (SEN. MARCOS). Yes. Yes, of course. Please
go ahead.
MS. BASMAN. We are one family, Mr. Senator.
THE CHAIRMAN (SEN. MARCOS). All right. I leave it to you to
decide who will answer any questions.
MS. BASMAN. Yes, Senator. The Bangsamoro parliament and
the Philippine Congress forum is meant to provide a venue for both the
legislative bodies, not necessarily equating the two, one being a
national legislative body and the other being of regional status, to
enable them to harmonize legislations that they may enact. So one
clear example is the devolved power for the Bangsamoro parliament to
create, abolish, merge local government units and we know from
Supreme Court decisions and the Constitution that only Congress can
expand its membership and any enactment of the Bangsamoro
parliament that might have an effect on the powers of the national
Congress will have this forum for discussion.
THE CHAIRMAN (SEN. MARCOS). I think the direction that
the questions will be--if there are contradictory, as you call them
enactments by the Bangsamoro legislature and the Philippine
Congress, this is to be negotiated or what law will be followed?
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION JADela Cruz III-1 September 23, 2014 10:38 a.m. 2
MS. BASMAN. I think, sir, the forum provides the venue to
prevent contradiction because even before the passage of
THE CHAIRMAN (SEN. MARCOS). But there will be instances
where the Philippine Congress will simplyI hearken it to a situation
between an LGU, for example, and the national government. Any
ordinance that is passed by any sanggunian at any point which is in
conflict with any laws passed by Congress, immediately it is well-
recognized that any ordinances passed by an LGU cannot be
contradicting to any laws passed by Congress. How will that
mechanism work when it comes to the enactments of the Bangsamoro
legislation?
MS. BASMAN. I think, Your Honor, the regular mechanisms to
determine the validity of the enactment of the Bangsamoro parliament
government if, in fact, it goes beyond the legislative powers granted
under the BBL will apply. What is being provided in this forum, the
legislative branches to enable them to, at the first instance, prevent
that kind of a contradiction to the regular mechanism to, should we
say, harmonize or remove the contradiction between a national
legislation and the legislation enacted by the Bangsamoro parliament
will still apply.
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION JADela Cruz III-1 September 23, 2014 10:38 a.m. 3
THE CHAIRMAN (SEN. MARCOS). Again, how if the conflict
cannot be resolved? How will it then be treated and how it will be
handled?
Yes, Professor.
MS. CORONEL-FERRER. Your Honor, just a little background
on the history of that provision which can also be found in the
comprehensive agreement on the Bangsamoro and has now being
translated as a provision in the proposed law--Bangsamoro Basic Law--
one of the clear concerns was precisely, as pointed out by Atty.
Basman, was the power to create local government units including
provinces. But as we know, in the Constitution, each province is
required to have representation in Congress. So any creation of a new
province would necessitate creation of a congressional seat or a slot
representation in the national Congress. So concretely, it might work
in the manner of simultaneously setting of the process of providing for
a congressional seat for what would eventually be constituted as a
province in the Bangsamoro so that when a province is so affected by
an act of parliament of the Bangsamoro government, then there would
be that congressional seat that will be available. Some of the initial
possibilities that may arise immediately is when there are, in fact,
other areas that might join the Bangsamoro government as a result of
the plebiscite and would require an additional provincethe creation of
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION JADela Cruz III-1 September 23, 2014 10:38 a.m. 4 an additional province and correspondingly some kind ofas well as a
congressional seat. So some kind of a simultaneous action can be
precipitated through that forum.
THE CHAIRMAN (SEN. MARCOS). Very well. I am sure there
will be many more questions especially on this but as I promised our
guests, we would allow them to get from the beginning to the end of
their briefing.
So Atty. Alba, if you would like to proceed.
MS. ALBA. Okay, so the next slide is on the proposed
Bangsamoro territory. We highlighted that the proposed Bangsamoro
territory shall remain as a part of the Philippines. The present
THE CHAIRMAN (SEN. MARCOS). I would like to acknowledge
the arrival of Sen. Koko Pimentel.
MS. ALBA. The proposed Bangsamoro territory will comprise the
present geographical area of the Autonomous Region in Muslim
Mindanao, the six municipalities in the province of Lanao del Norte,
Baloi, Munai, Nunungan, Pantar, Tagoloan and Tangkal; the 39
barangays in the municipalities of Kabacan, Carmen, Aleosan,
Pigcawayan, Pikit and Midsayap in North Cotabato, who voted Yes in
the 2011 plebiscite; the cities of Cotabato and Isabela and those
qualified for inclusion in the plebiscite by way of resolution or petition.
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION JADela Cruz III-1 September 23, 2014 10:38 a.m. 5
THE CHAIRMAN (SEN. MARCOS). Again, could we go back
one slide? You have included six municipalities, 39 barangays and two
cities, how will the administration be because they are non-contiguous,
they will be administered by the Bangsamoro government?
MS. ALBA. Yes.
THE CHAIRMAN (SEN. MARCOS). And they will not fall under,
for example, the barangays will not fall under their municipal
government or provincial government? How will that work?
MS. ALBA. The 39 barangays, sir, will form part of the
Bangsamoro government but without delegation of the authority of the
municipal government over them. So the administration will be under
the Bangsamoro government but on other matters that the
municipalities have authority over them, they will still exercise.
THE CHAIRMAN (SEN. MARCOS). Will they, for example,
have IRA share from the provincial share?
MS. ALBA. Yes, sir.
THE CHAIRMAN (SEN. MARCOS). They will?
MS. ALBA. Yes, sir.
THE CHAIRMAN (SEN. MARCOS). So they do not receive a
share from the Bangsamoro government?
MS. ALBA. There is.
THE CHAIRMAN (SEN. MARCOS). There is also?
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION JADela Cruz III-1 September 23, 2014 10:38 a.m. 6
MS. ALBA. Yes.
THE CHAIRMAN (SEN. MARCOS). They will also receive
another form of---
MS. ALBA. Its not actually an IRA.
THE CHAIRMAN (SEN. MARCOS). No, its not called IRA when
it comes to the Bangsamoro government but weve established that
they will receive their IRA share, for example, from the national
government. Will they receive further funding from the Bangsamoro
government?
MS. ALBA. Okay.
MS. QUINTOS-DELES. Yes, Your Honor, they may certainly
because the automatic appropriation through the Bangsamoro as well
as the Social Development Fund is supposed to develop the entire
Bangsamoro area. So based on the Bangsamoro Development Plan,
they may also.
THE CHAIRMAN (SEN. MARCOS). Okay. If there is a
Bangsamoro Development Plan and there is a provincial development
plan or a regional development plan, how again do we resolve the
inevitable differences between those two plans? Because the
Bangsamoro is concerned with this particular area, the regular
provincial development and regional development councils will
22
COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION JADela Cruz III-1 September 23, 2014 10:38 a.m. 7 presumably have an overall plan for the provinces and the cities and
the municipalities under which/jadc
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COMMITTEE LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Mhulep IV-1 September 23, 2014 10:48 a.m. 1 THE CHAIRMAN (SEN. MARCOS). ...and the municipalities
under which these other LGUs reside. So maybe just give us an idea
how the concept is--
I know that the details are not yet hammered out but the
concept on how this power--it will be a power sharing really system
which is going to function.
Professor, if you could enlighten us.
MS. CORONEL-FERRER. Of course, Your Honor.
I think in the immediate period after the results of the plebiscite,
these new areas that are outside of the ARMM and currently belong to
provinces that are not part of the ARMM will exist for a temporary
period as geographic areas. And that kind of transition where, in fact,
they will get their IRA whether from the original province or
eventually--will probably happen until such time that they are
constituted as part of provinces of the Bangsamoro. And that will be
done by a legislative action of the Bangsamoro parliament. So until
such time that happens, then they will still effectively belong to the
provinces where they are currently located.
THE CHAIRMAN (SEN. MARCOS). In terms of administration,
if an ordinance is passed by a province in which one of the areas that
you have identified falls in, is that the local law that they need to
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COMMITTEE LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Mhulep IV-1 September 23, 2014 10:48 a.m. 2 follow? Or they only follow Bangsamoro law as enacted by the
legislature?
MS. CORONEL-FERRER. Effectively they are local governments
that are already part of the Bangsamoro Transition Authority which is
the immediate body that will be constituted until such time everything
is regularized through that act of constituting them as part of provinces
or municipalities of existing territory that is part of the current ARMM.
THE CHAIRMAN (SEN. MARCOS). I guess the non-contiguity is
where the problem arises. But again, let me--I'll just allow--please
carry on.
Thank you.
MS. ALBA. This is a picture, an illustration of the Bangsamoro
waters and the zones of joint cooperation. So the Bangsamoro waters
run from 22.224 kilometers from the nautical miles. This shall form
part of the Bangsamoro waters and the zones of joint cooperation for
the Sulu Sea and Moro Gulf.
Okay, next.
We talk about inclusiveness. How inclusive is the Bangsamoro
Basic Law?
We share our successes, as discussed by Chairman Iqbal in his
speech earlier, with all of the stakeholders whether they be
Bangsamoro or non-Bangsamoro. Just to mention that the
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COMMITTEE LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Mhulep IV-1 September 23, 2014 10:48 a.m. 3 Comprehensive Agreement on the Bangsamoro also recognizes all the
gains in the peace pacts previously entered into by the government
and the MNLF, and we reach out to all the stakeholders through public
consultations, conferences and conventions. We have civil society
organizations that we have partnered with to get our messages across
the grassroots. And as you can see, we have reached this far in this
endeavor and we hope that the people of this nation will recognize the
importance of this piece of legislation.
Next.
So, there is going to be a Bangsamoro Police who shall be still
part of the Philippine National Police. The Bangsamoro Police will take
charge of law enforcement and maintenance of peace and order in the
Bangsamoro. And as you can see, the Bangsamoro Police Board is also
still part of the National Police Commission or Napolcom and the
Napolcom shall ensure that the Bangsamoro Police Board performs its
powers and functions within the bounds of its authority.
Can you go back, please?
A section on public order and safety provides that "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.
26
COMMITTEE LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Mhulep IV-1 September 23, 2014 10:48 a.m. 4 There is hereby created the 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."
"The Bangsamoro Police shall be professional, civilian in
character, regional in scope, effective and efficient in law enforcement,
fair and impartial, free from partisan political control and accountable
under the law for its actions. It shall be responsible both to the central
government and the Bangsamoro government and to the communities
it serves."
THE CHAIRMAN (SEN. MARCOS). A quick question. On the
chain of command of their police, will they be under the direct control
of the chief, PNP? How will that work? Can they be ordered, for
example, by the regional commander or the chief PNP, to carry out
some duties? Or will that have to go through the Police Board which is
a member of the Napolcom?
MS. QUINTOS-DELES. Yeah. Your Honor, the command and
structure of the Bangsamoro Police with the PNP will still be intact.
THE CHAIRMAN (SEN. MARCOS). So, under the chain of
command, their commander, their ultimate commander will be the
chief, PNP still? If an order is issued by the chief, PNP, to a member of
27
COMMITTEE LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Mhulep IV-1 September 23, 2014 10:48 a.m. 5 the Bangsamoro Police, is it their duty to follow that order? Or do they
take orders from the Bangsamoro Police Board or some other entity?
MS. CORONEL-FERRER. Your Honor, it's going to be a shared
power just like in the exercise of--which is somewhat similar to the
situation now with other local governments where local governments
actually exercise operational control and supervision as well over the
police force under its command, in this case, the provincial police
office. But the higher level of the region, certainly the regional director
is still under the chain of command of the chief police being part and
parcel of the Philippine National Police. But at the same time, the
regional government through the chief minister also exercises
operational control and supervision over the regional police force.
So, there's that kind of a power--some kind of shared powers
between--
THE CHAIRMAN (SEN. MARCOS). Okay. To use your example,
in an LGU, of course, the chain of command is very clear and the
ultimate commander is still the chief, PNP. There is no such thing as
shared power with anyone as long--it is the commander's power to
issue orders to his people. How will that be different in this sharing of
power that you conceived?
MS. CORONEL-FERRER. Your Honor, we can assume that when
police matters that have implications beyond the Bangsamoro,
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COMMITTEE LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Mhulep IV-1 September 23, 2014 10:48 a.m. 6 certainly that kind of chain of command will be exercised by the chief
of police as it will now involve other provincial police and regional
police offices. For instance, a criminal element that is moving from
Zamboanga City to inside the Bangsamoro like Basilan or
Maguindanao, then there will be that kind of an imperative on the part
of the chief of police to directly order the regional police chief of the
Bangsamoro. But we can assume for most parts on matters of public
order and safety that is within the Bangsamoro, the chief minister will
be exercising significant operational control and supervision over the
police.
THE CHAIRMAN (SEN. MARCOS). Well, not only in terms of
the law enforcement but also in terms of the adoption of policy. For
example, we are hearing about so-called "lifestyle checks," let's say,
for the PNP. Let's say, that that's approved. Will that apply, for
example, also to the Bangsamoro Police? Its policy rather than the--
that's a chain of command.../mhu
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa V-1 September 23, 2014 10:58 a.m. 1
THE CHAIRMAN (SEN. MARCOS). ... chain of command that
the power sharing... But in the adoption of policy, will they wear the
same uniform; will they have the same armaments; will they follow the
same procedures as laid out in the standard operating procedures of
the Philippine National Police?
Im just trying to clarify exactly because power sharing for such
an important issue is rather vague in terms of the uniformed services.
It is not something that the uniformed services are accustomed to do
and because the chain of command is generally very, very clear. So
how will this work? Because it is a different concept.
MS. CORONEL-FERRER. Well, the relevant national agency,
say, dealing with firearms, explosives, acquisition of firearms and so
on, this will be within the single organization of the PNP. The same
national laws will apply. The same firearms law will apply in the
Bangsamoro.
Senator, youve pointed out as for operational control and
supervision for addressing law enforcement issues, thats where the
chief minister will be exercising more direct powers over the regional
police. But otherwise, on the matter of uniform, it is very possible that
they can have a special insignia to represent that they are part of the
Bangsamoro Regional Police Force, otherwisethe badge, I think, its
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa V-1 September 23, 2014 10:58 a.m. 2
only one badge that is being provided for, for all members of the
Philippine National Police.
THE CHAIRMAN (SEN. MARCOS). Well, that is common
practice. To designate the unit that you belong to is I dont think
thats terribly unusual.
Correct me if Im wrong, but Im hearing that on operational
matters, it would be the chief minister who will ultimately decide.
MS. CORONEL-FERRER. Deployment of forces, say, when
there is a critical situation in one province, the chief minister can ask
the police to deploy people to go to these areas. So these are really
operational aspects that will require that kind ofin keeping with the
powers of the chief minister also to be primarily responsible for the
public order and safety of...
THE CHAIRMAN (SEN. MARCOS). So the chief minister is
operationally the commander of the Bangsamoro Police?
MS. CORONEL-FERRER. As supervisory and management
powers over the police. But the chain of command still flows from the
PNP. The PNP still issues the command and direction comes from the
PNP. For instance, sir, when the promotion issues will arise, these are
all part and parcel of the personnel system inside the Philippine
National Police.
MR. IQBAL. Can I?
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa V-1 September 23, 2014 10:58 a.m. 3
THE CHAIRMAN (SEN. MARCOS). Chairman Iqbal.
MR. IQBAL. I think the best way to answer the question, Your
Honor, is go to the text itself because the question has an answer in
the text itself. And if I may be permitted to read, I will read the exact
section.
SEC. 8. Powers of the Chief Minister over the Bangsamoro
Police.- The Chief Minister shall have the following powers over the
Bangsamoro Police:
To act as deputy of the National Police Commission in the
Bangsamoro and as ex officio chair of the Bangsamoro Police Board;
To select the head of the police and his deputies;
I have to take note of the use of the word select, not
appointment, but just select. It is recommendatory in character.
To exercise operational control and supervision and
disciplinary powers over the Bangsamoro Police;
To employ or deploy the elements of and assign or reassign
the Bangsamoro Police through the Bangsamoro Police director;
The Bangsamoro Police Director shall not countermand the
order of the Chief Minister unless it is in violation of the law;
To oversee the preparation and implementation of the
Integrated Bangsamoro Public Safety Plan;
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa V-1 September 23, 2014 10:58 a.m. 4
To impose after due notice and summary hearings of the
citizens complaint administrative penalties on personnel of the
Bangsamoro Police, except those appointed by the President; and
g) Do everything necessary to promote widespread support for
the Bangsamoro Police residents of the Bangsamoro.
THE CHAIRMAN (SEN. MARCOS). There is on paragraph (d),
the statement, The Bangsamoro Police Director shall not countermand
the order of the Chief Minister unless it is in violation of the law.
Can, again, the chief PNP countermand the order of the chief
minister issued to the Bangsamoro Police? I am just trying to
determine again because the power sharingwhat exactly is that
balance of power in the power sharing?
MS. QUINTOS-DELES. Yes, Your Honor, in principle, yes.
THE CHAIRMAN (SEN. MARCOS). In principle
MS. QUINTOS-DELES. Well, yes, because the chief minister
also gets his powers as a member of the regional police board. So he
himself is subject to the Napolcom policy-making because the regional
police board is part of Napolcom.
THE CHAIRMAN (SEN. MARCOS). Yes, I understand. So,
again, to repeat the question, very simple, I think its a test of exactly
what the power sharing is, can the chief, PNP countermand an order
that the chief minister has issued to his police force?
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa V-1 September 23, 2014 10:58 a.m. 5
MS. CORONEL-FERRER. In his appraisal of a situation, he can
actually issue such an order.
THE CHAIRMAN (SEN. MARCOS). He can.
MS. CORONEL-FERRER. There will be conflict, but that could
be settled eventually as to which order was really more appropriate for
the occasion. But otherwise
THE CHAIRMAN (SEN. MARCOS). So its not an order per se.
It will have to be resolved with the chief ministers order? How does it
work exactly?
MS. CORONEL-FERRER. The chief, PNP through his own
powers over a subordinate official can also make an assertion on
operational matters which may conflict with the powers of the chief
minister. And this has happened several times as well in other local
governments. And, of course, we would hope that the matter could be
discussed and resolved amicably. But otherwise, it can also create
some...
THE CHAIRMAN (SEN. MARCOS). Well, in the case of the
local government, its very clearthe chain of command is very clear.
Although there might be a disagreement in opinion as to the proper
deployment of forces, eventually, the order of Crame supersedes all
others.
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa V-1 September 23, 2014 10:58 a.m. 6
So, again, maybe this will be something that we could discuss
further in the future. But to stay close to my promise, let me allow
you to go through your briefing.
Thank you.
MS. ALBA. Next slide, please.
On revenue generation and wealth sharing, 100 percent of taxes
that had been transferred to the Bangsamoro shall pertain to the
Bangsamoro. What are these taxes? Capital gains tax, donors tax,
estate tax and documentary stamp tax. One hundred percent of the
taxes already devolved to the ARMM will pertain to the Bangsamoro
and the 25 percent of the national taxes collected in the Bangsamoro
will go to the government, while 75 percent thereof shall go the
Bangsamoro government.
THE CHAIRMAN (SEN. MARCOS). Okay. So its clearly very
different from the arrangement from regular LGUs. Because the LGUs
haveIf we could go back one slide, pleasefor example, national
taxes collected in an LGU are all remitted directly to the national
government and LGUs then wait for the IRA share of each LGU. In this
case, kasi ang sharing sa IRA is 60-40 in local governments. Ito,
baligtad, 25 to the national government and 75 to the Bangsamoro
government.
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Jmbaisa V-1 September 23, 2014 10:58 a.m. 7
How also will thoselike the IRA share of local governments is
calculated from three years previous and it is then downloaded to the
local government unit. Is this a direct remittance or will it go through
the same process?
MR. BACANI. Your Honor, with your permission, if I may clarify
the issue?
THE CHAIRMAN (SEN. MARCOS). Yes, Sec. Bacani.
MR. BACANI. The issue on the three years before really refers
to the manner of calculating the block grant similar with the manner...
/jmb
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION CDAstrero VI-1 September 23, 2014 11:08 a.m. 1
MR. BACANI. similar with the manner of calculating the 40
percent IRA share of the local government units. The benchmark of
three years before is used. In this case, were not really talking of the
same benchmark in terms of the 75 percent to be remitted to the
Bangsamoro. As they come in, for example, for last year, there will be
no time lag. In fact, what is even being foreseen is, at some point in
time, hopefully, there can be a collection office of the BIR purely for
the Bangsamoro so that whatever is collected there is already retained
rather than remitted to the central government first. But it will be on a
current basis, Your Honor. It wont be computed based on the three
years before benchmark.
THE CHAIRMAN (SEN. MARCOS). So, it will be a direct
remittance?
MR. BACANI. Yes, Your Honor.
THE CHAIRMAN (SEN. MARCOS). So, whatever taxes,
national, are collected in the Bangsamoro, 75 percent will be directly
remitted to the Bangsamoro government and 25 percent will then go
to the national government.
MR. BACANI. Yes, Your Honor. Eventually, what may even
happen is, at some point in time, hopefully, if the taxes can be
collected within the Bangsamoro, just for the Bangsamoro to retain the
75 percent and then remit the 25 percent to the central government.
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION CDAstrero VI-1 September 23, 2014 11:08 a.m. 2
THE CHAIRMAN (SEN. MARCOS). Thats what Im hearing,
that that is the mechanism thatHindi na nga direct remittance.
Theyll actually only forward the 25 percent to the national
government. And since the local government, the Bangsamoro
government, is doing the collection, then they will just withhold the 75
percent for the Bangsamoro government funding.
MR. BACANI. Yes, Your Honor. Thats right.
THE CHAIRMAN (SEN. MARCOS). All right.
MS. BASMAN. Your Honor, if I may just add.
THE CHAIRMAN (SEN. MARCOS). Yes, Atty. Basman.
MS. BASMAN. Yes. This arrangement for the sharing of 25
percent and 75 percent for the national taxes collected within the
Bangsamoro between the Bangsamoro government and the central
government is going to be an arrangement that will be unique in the
Bangsamoro and its actually taking off from the existing arrangement
between the autonomous regional government and the central
government whereby the Organic Act of ARMM provides for a sharing
of 70 percent and 30 percent. So, its actually an enhancement of the
existing arrangement with the ARMM regional government.
THE CHAIRMAN (SEN. MARCOS). Very well.
Thank you. Thank you for that clarification.
MS. ALBA. Next slide.
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION CDAstrero VI-1 September 23, 2014 11:08 a.m. 3
On the sharing in the revenues from the exploitation,
development and utilization of natural resources: for non-metallic
minerals, 100 percent shall pertain to the Bangsamoro government;
for metallic minerals such as gold, silver, copper, 75 percent shall go
to the Bangsamoro government and 25 percent to the central
government; and for fossil fuels and uranium, 50 percent to the central
government and 50 percent to the Bangsamoro government.
Other sources of funds.
Next slide.
We have the annual block grant or the share of the Bangsamoro
in the national internal revenue is equivalent to 4 percent of the
national internal revenue collection less the IRA of the LGUs. And
there shall also be a Special Development Fund as raised by Secretary
Deles. For the rehabilitation and development purposes, the amount
of 7 billion for the first year and 10 billion paid out over five years shall
be provided to the Bangsamoro government.
THE CHAIRMAN (SEN. MARCOS). To just clarify the first
paragraph, the 4 percent annual block grant will be taken from the 60
percent of the national share of the IRA. So, bale ang national share
magiging 56 percent4 percent Bangsamoro, and 40 percent all the
other LGUs of the Philippines. Okay.
Thank you.
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION CDAstrero VI-1 September 23, 2014 11:08 a.m. 4
SEN. PIMENTEL. Forty percent for all LGUs including those in
the Bangsamoro. Tama iyon ano?
MS. ALBA. Okay. Next slide.
On the role of indigenous peoples, there shall be representation
in the Bangsamoro Transition Authority. And in the interim
government of the indigenous peoples affairs, there shall be two
reserved seats in the Bangsamoro parliament, a membership in the
council of leaders and the parliament shall create an appropriate office
or ministry for IPs which shall be part of the Bangsamoro Cabinet.
THE CHAIRMAN (SEN. MARCOS). On a related question
Actually, theres something I wanted to ask earlier in the definition of
the Bangsamoro peoples. Im sorry to take you back to the first part
of theIt defines the Bangsamoro peoples as those who are native to
the identified area of Bangsamoro during the colonization.
The question: First of all, how do we determine that, number
one, because its a related issue to the indigenous peoples?
And secondly, whats the status of people who moved into the
Bangsamoro area since colonization? There are many Filipinos who
have moved from other parts of the Philippines to what is now going to
be the Bangsamoro. Since then, are they defined as part of the
Bangsamoro people?
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION CDAstrero VI-1 September 23, 2014 11:08 a.m. 5
MR. IQBAL. Your Honor, its a long story to tell but Ill make it
very brief just to provide context to the question of Your Honor.
The word Moro was first used by the Spaniards when they
encountered Rajah Sulaiman and Rajah Lakandula in Manila. Manila
then was populated by two peoples, the Moros who are Muslims and
then thewhat do you call that termand Indios. Meaning, the term
Moro was originally used to describe the Muslims in Manila and then
throughout themore than 300 years of war between Spain and the
Moros, the term Moro was consistently used and it is basically a
religious term because when you say Moros, they are Muslims.
When the Americans came, of course, there were wars between the
Americans and the Moros and they organized the Moro Province. And
the Moro Province was composed of five districts: Zamboanga, Sulu,
Lanao, Cotabato and Davao. And more than 90 percent of the
population of the Moro Province, which was made of five districts were
Muslims or Moros and indigenous peoples.
Why did we adopt the term Bangsamoro? Was it an invention
of the Moro National Liberation Front? No, it was not an invention of
the Moro National Liberation Front. It was culled from a petition on
February 24, 1924 in Zamboanga City signed by all the major leaders
of the Moros wherein they said thatbecause the Moros at that time
were against the grant of independence but the Americans decided
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION CDAstrero VI-1 September 23, 2014 11:08 a.m. 6 that the Moros would be part of the Philippines in the grant of
independence in 1946. But as early as 1924, the Moros were already
protesting to be included in the future Bangsamoroin the future
Republic of the Philippines. So, they said that 50 years after this
petition which was in 1924, then the Moros would be givenjust to
determine their political status and they wanted that they would be
called a Moro nation and that is the origin of the word Bangsamoro,
Moro nation. In other words, originally, the word Bangsamoro includes
the indigenous peoples because they were the inhabitants during the
time of conquest and colonization. So, originally, they were part of the
Moros because when the Moro Province was organized, they were part
of the Moro Province, the Moros and the indigenous people.
So, as to the migrants in Mindanao, I think when we use the
term Bangsamorobecause they were not original inhabitants of
Mindanao. Because the Christian settlers in Mindanao only came there
in 1913 during the American regime, and that most of the
migrants/cda
42
COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang VII-1 September 23, 2014 11:18 a.m. 1 MR. IQBAL. and that most of the migrants in Mindanao came
later especially when there was an Act in the Commonwealth in 1935
when there was that act on Quirino-Recto Colonization Act. And that
was the beginning of wholesale migration of people from Luzon and
Visayas to Mindanao. But what is important here, Your Honor, is that
although by identity, the migrants are not identified as Bangsamoro
but the basic rights are extended to them.
So that is my answer to your question, Your Honor.
THE CHAIRMAN (SEN. MARCOS). So those who have since
moved to what is now being defined as Bangsamoro will not be
recognized as Bangsamoro people.
MR. IQBAL. Except if they decide to be identified. Because it is
in proposed Bangsamoro Basic Law that a Bangsamoro can be by self-
ascription or by ascription. If they want to be called as such then, I
think, they can be called a Bangsamoro.
MS. QUINTOS-DELES. Your Honor, I think the distinction that
were making is that this is identity, political rights, that everyone who
resides in the Bangsamoro get the same political rights.
THE CHAIRMAN (SEN. MARCOS). I see.
MS. QUINTOS-DELES. So they will see that in the language of
the law, it talks about the inhabitants of the Bangsamoro so as not to
discriminate those who do not trace their lineage back.
43
COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang VII-1 September 23, 2014 11:18 a.m. 2 THE CHAIRMAN (SEN. MARCOS). Okay. But the point is that
they are not considered Bangsamoro.
MS. QUINTOS-DELES. In identity, Your Honor. Unless they
take that identity, it cannot be forced on them.
THE CHAIRMAN (SEN. MARCOS). And how do we identify
because colonization was a long time ago--are there sufficient records
for us to be able to trace the lineage of those who are by ascription
Bangsamoro by the definition in the Organic Law that you have
presented to us?
MS. QUINTOS-DELES. I think, Your Honor, what the law
makes clear is that you do not need to produce these papers to avail of
the rights that are provided for all inhabitants. So its a separate
concept of identity from the concept of citizenship.
THE CHAIRMAN (SEN. MARCOS). Thank you, Secretary.
Atty. Alba, please be patient with this constant interruption.
MS. ALBA. Its okay, sir.
THE CHAIRMAN (SEN. MARCOS). Id like to recognize the
arrival of Senator Pia Cayetano.
SEN. PIMENTEL. Before Atty. Alba proceeds, its about the
Bangsamoro.
So an inhabitant in the territory can be a non-Bangsamoro. But
since you will allow that person to be identified as Bangsamoro, is
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang VII-1 September 23, 2014 11:18 a.m. 3 there a procedure that he or she should follow so that he or she will be
formally identified as a Bangsamoro?
MS. CORONEL-FERRER. There is no official procedure, Your
Honor.
SEN. PIMENTEL. But is that a concept of self-ascription that if I
want to be identified as Bangsamoro, I can be identified as
Bangsamoro?
MS. CORONEL-FERRER. The other requirement is to be
descendant or a spouse of a descendant to be qualified as
Bangsamoro.
SEN. PIMENTEL. Iyon na nga. So by blood or affinity.
Because of marriage, you become Bangsamoro. Kaya nga back to the
question of the Chairman, what is now the database of those families?
MS. CORONEL-FERRER. In the same way that we have
acknowledged indigenous peoples in the IPRA, the national law on
indigenous peoples, as those who have maintained certain ways of life,
traditional ways of life, cultural practices and traced their origins in a
veryyou know, without really requiring identity papers for that, then
thats how its going to apply. Actually in other parts of the law, there
is reference to preferential rights to those indigenous peoples including
the Bangsamoro people who are actually indigenous to these areas.
And that is when this matter will become important. But otherwise,
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang VII-1 September 23, 2014 11:18 a.m. 4 the reference points are actual communities living in these geographic
areas where their ancestors have traditionally lived.
THE CHAIRMAN (SEN. MARCOS). If a citizen or a resident in
the Bangsamoro area cannot show any lineage to the original
indigenous peoples in the Bangsamoro area, can they still self-ascribe
to being Bangsamoro?
MS. CORONEL-FERRER. Your Honor, I think they can be
honorary Bangsamoro.
THE CHAIRMAN (SEN. MARCOS). Lets say, they are second
generation residents. Ill give you an example. The Ilocano teachers
that were brought into Mindanao to start the educational system, what
happens to them, their children?
MS. CORONEL-FERRER. I think most of them still self-ascribe
as Ilocano.
THE CHAIRMAN (SEN. MARCOS). But if they would like to
self-ascribe as Bangsamoro, can they?
MS. CORONEL-FERRER. They can be honorary or they can be
accepted by the populace as just like them.
THE CHAIRMAN (SEN. MARCOS). Yes. But the formal
recognition as part of the Bangsamoro people?
MR. IQBAL. Maybe to answer that question, Your Honor
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang VII-1 September 23, 2014 11:18 a.m. 5 THE CHAIRMAN (SEN. MARCOS). Perhaps they would like to
adopt already their chosen area, their chosen culture. They have
chosen to stay in Bangsamoro and would like, for example, to adopt
the ways, the procedures, the culture even the language, the law but
they have no blood lineage to show to those indigenous during
colonization. Can they self-ascribe to being Bangsamoro person?
MR. IQBAL. I think, Your Honor, the Bangsamoro parliament
can be mandated to pass a legislation regarding the operationalization
of that self-ascription or ascription process. The Bangsamoro
parliament, Your Honor, maybe is the one that would be tasked to do
that.
SEN. PIMENTEL. Yes, I agree with Chairman Iqbal. Maybe the
parliament can provide for a law. But as stressed by the Secretary, it
should not matter. It should not matter whether you are a
Bangsamoro or a non-Bangsamoro. In the Bangsamoro territory, it
should not matter. All rights, privileges are available to you as well as
all the duties, you also have to observe.
MS. QUINTOS-DELES. In terms of basic rights, Your Honor.
There are a few items that talks about preferential rights. But, in fact,
the preferential right to fishing, for example, in the zone also includes
native inhabitants of other areas. So when there are preferential
rights for descendants of the original inhabitants, that will include
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang VII-1 September 23, 2014 11:18 a.m. 6 those whose ascription is by another indigenous tribe. But in terms of
voting rights, to services and all of that, to be elected, it will not
matter. As long as you are an inhabitant and you provide--mainly, it
will be a residency requirement.
THE CHAIRMAN (SEN. MARCOS). That actually is a good test.
Can they be elected to the parliament, for example, despite the fact
that they are not considered a Bangsamoro person?
MS. CORONEL-FERRER. Yes, sir. But at the same time we do
have what we call the reserve seats for indigenous peoples which
means that there will be that special arrangement
THE CHAIRMAN (SEN. MARCOS). That is the equivalent of
what we had before, sectoral representatives in the House of
Representatives.
Very well, thank you.
MS. ALBA. The Bangsamoro Justice System. The justice
system in the Bangsamoro shall consist of Shariah Law which shall
have supremacy and application over Muslims only: the traditional or
tribal justice system for the indigenous peoples in the Bangsamoro, the
local courts and the alternative dispute resolution systems.
Shariah courts shall consist of Shariah Circuit Courts or the
lower courts; the Shariah District Courts or the appellate courts; and
the Bangsamoro Shariah High Court.
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION Aliccatimbang VII-1 September 23, 2014 11:18 a.m. 7 THE CHAIRMAN (SEN. MARCOS). Allow me to just, for the
record, recognize the arrival of Senator JV Ejercito.
Please proceed.
MS. ALBA. The local courts in the Bangsamoro shall continue to
exercise their judicial functions as provided by law. The Bangsamoro
government may undertake measures to improve their workings,
consistent with the powers of the Supreme Court. And, of course, the
alternative dispute resolution/alicc
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MS. ALBA. the alternative dispute resolution that has been
institutionalized nationally will still be operationalized within the
Bangsamoro. Principles of conciliation and mediation in settling
disputes will still apply in a Bangsamoro justice system.
That senators are the slides for the BTC presentation on the BBL
and, of course, the OPAPP. We hope that we are able to give you at
least an overview of what the Bangsamoro Basic Law has in store.
THE CHAIRMAN (SEN. MARCOS). Thank you very much,
Attorney.
Do you have any question?
JV, magtatanong ka? Tapos na sila. Tinapos na.
SEN. PIMENTEL. Puwede na bang magtanong?
THE CHAIRMAN (SEN. MARCOS). O sige. Go ahead.
SEN. PIMENTEL. So, to give Senator JV a time to settle down,
can I go back to Page 74 of the Senate bill, Section 8 on the Power to
Grant Tax Exemptions? What is envisioned here, tax exemption? Are
we aware of the constitutional requirement for passing a law granting
tax exemption? Can we delegate this to the parliament, to the
Bangsamoro government?
MR. BACANI. Actually, Your Honor, the issue of tax exemptions
refer more to the delegated powers of the National Board of
Investments to the Autonomous Region Board of Investments.
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Basically, all of that has been devolved in the past. It has practically
been operationalized in the existing Autonomous Region for Muslim
Mindanao. Basically, its limited to those tax incentives which have
been previously delegated by the Board of Investments.
SEN. PIMENTEL. I am sure these are found in certain laws.
Can you mention the laws involved so we can review them? I am sure
there is a law passed in compliance with the majority requirements in
the Constitution which granted a board to extend tax exemption or to
grant tax exemption? Are you aware of the law, sir?
MR. BACANI. Its probably in the law creating the Board of
Investments. Basically, I am sure all of the powers regarding tax
incentives are enumerated in that law creating the Board of
Investments.
SEN. PIMENTEL. And that is what we want to extend to the
Bangsamoro government, the same idea, the same concept?
MR. BACANI. Yes, Your Honor. In fact, it has been
operationalized in several instances already in investments in the
Autonomous Region for Muslim Mindanao.
SEN. PIMENTEL. Well, I am informed that in the Organic Act,
its tax holiday. Thats the phrase used. Thats why this tax exemption,
I am bringing the attention of everybody to this tax exemption
concept.
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION RPALGER VIII-1 September 23, 2014 11:28 a.m. 3
MR. BACANI. Yes, Your Honor, basically, tax holidays.
Sometimes there are incentives even in terms of exemption from
business taxes payable to the local government units and some other
related tax incentives which are minor. But the main tax incentives
would be the income tax holiday depending on whether youre pioneer
or preferred and in some instances exemption from business taxes
payable to the local government units.
MS. QUINTOS-DELES. Your Honor, in RA 9054, the term tax
exemptions is used, the power to
SEN. PIMENTEL. What section, maam?
MS. QUINTOS-DELES. Section 13.
SEN. PIMENTEL. Section?
MS. QUINTOS-DELES. 13. Article IX, Section 13.
SEN. PIMENTEL. Well take a look at it. Article IX, Section 13.
THE CHAIRMAN (SEN. MARCOS). Senator Ejercito.
SEN. EJERCITO. Thank you, Mr. Chairman.
I just have a few questions. Anyway, this is a very significant
breakthrough in the peace process. But Id just like to ask some
skepticism or some concerns. Probably, Secretary Deles or any other
resource persons can address.
Because I have heard of reports that most of the neighboring
provinces and municipalities in the Bangsamoro geographical coverage
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION RPALGER VIII-1 September 23, 2014 11:28 a.m. 4
are skeptical in joining the Bangsamoro government. And there are
some local officials also in the area who have talked to, who are
concerned and are not really keen on joining the Bangsamoro
government and some LGUs also. What do you think are the reasons
for their being skeptical, these LGUs whether provinces, cities or
municipalities? What are the reasons?
MS. QUINTOS-DELES. Well, I think, Your Honor, we can
speculate that most of that fear is right now coming from the fact that
it is based on lack of information about the law because certainly some
of the questions they have asked, What about LGUs? Will they have
less devolved powers, the LGUs? Both in the agreement and in the
law that is quite clear. It is possibly the sorts of fears that they have.
So, that is why one of the things that we are doing, Your Honor,
is really undertaking massive information dissemination on the law.
And we very much welcome the indication from both the House and
the Senate to be doing consultations on the ground.
We do from the start have said that the principle of course that
will be at work here is the consent of the governed. So, that is why
this is important. But that kind of decision on their part will have to be
based on a knowledge of what is actually there and not of unconfirmed
fears or misinformation that may have come out in the period before
the draft bill was actually submitted to Congress.
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MR. IQBAL. Your Honor, can I add?
SEN. EJERCITO. Yes, Chairman Mohagher Iqbal.
MR. IQBAL. Well, very briefly. It is human nature to fear the
unknown, thats human nature. Many people are fearful of the
proposed basic law because it is not yet discussed thoroughly. Now
that it is already open, the BBL has to be examined in its worth,
intrinsic value. And its for everybody to look at the proposed basic law
and for everybody to judge whether the proposed Bangsamoro Basic
Law is good for the Philippines, good for the Bangsamoro people.
SEN. EJERCITO. Well, Mr. Chairman, I just would like to inform
you, Secretary Deles and Chairman Iqbal that in the few instances that
I have talked to some of these local government officials, governors,
mayor, a lot of them are really skeptical. So, I just want to inform you
that if you think that they just lack the information or they have not
read the draft, probably, you have to go to them and inform or brief
them regarding the Bangsamoro Basic Law.
And second, Mr. Chair, I would just like to ask also, considering
the basic comprehensive framework on the Bangsamoro, what will be
the role now of the central government in planning and in the
implementation of developmental programs in Mindanao?
MS. CORONEL-FERRER. Briefly, Your Honor, the Bangsamoro
will be represented in the NEDA. It will have a seat in the NEDA board.
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION RPALGER VIII-1 September 23, 2014 11:28 a.m. 6
SEN. EJERCITO. So, that means that the Bangsamoro
government will coordinate closely with the Mindanao Development
Authority, with NEDA. What elseano ho pa yung makakakumbinse
para masiguro nakumbaga kung ano po yung pinaka-master plan ng
national government? We are hoping that also the Bangsamoro Basic
Law will be in close coordination with that master plan.
MR. BACANI. Your Honor, there is a statement in the draft
Bangsamoro Basic Law that says that the Bangsamoro Development
Plan shall be consistent/Rommel.
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION NGDizon I-2 September 23, 2014 11:38 a.m. 1 MR. BACANI. that the Bangsamoro Development Plan shall be
consistent with the national development plan.
In addition to that, as mentioned earlier, the chief minister will
also be an ex-officio member of the NEDA board just to make sure that
consistency exists between the national development plans and the
Bangsamoro Development Plan.
SEN. EJERCITO. Since, Mr. Chairman, NEDA released already
Mindanao Development Plan of 2020, is this now considered moot and
academic with the creation of the Bangsamoro government?
Secretary Bacani, he can answer.
MR. BACANI. Definitely, Your Honor, it will have to be
considered. There has to be some harmonization in all of these
development plans just to make sure that were following, more or
less, a single track.
MS. QUINTOS-DELES. If I may raise, Your Honor? The fact is
that this area has in fact not been opened to real development because
of the armed conflict that has existed there. What happens with this
agreement and the law that is going to be passed, it sets up a system
that brings about the security of the area and, therefore, you are
looking at new possibilities in terms of development. So, in fact,
planning thus become even more important. And maybe, we pinpoint
to the fact that because what the Bangsamoro will get is a block
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION NGDizon I-2 September 23, 2014 11:38 a.m. 2 grant, they have to pass an appropriations act to spend that money.
Therefore, what did not use to happen before that there is a plan that
can be examined by everyone, it will be there. So the synchronization,
the harmonization of the Bangsamoro Development Plan through a
General Appropriations Act, you, in fact, have more mechanisms in
place to make sure that there is consistency here with the national
development plan.
SEN. EJERCITO. Thank you, Secretary Deles.
Mr. Chairman, I just like to ask also. I think one of the concerns
is the concept of block grant which you mentioned. What is the reason
with this concept provided to the Bangsamoro? Ano po ang pinaka
rason?
MS. QUINTOS-DELES. Well, the fact is that it is a regional
government with more powers. And the fact is that while LGUs get a
block grant, the regional government which has more powers, more
responsibilities, more accountabilities in terms of developing their area
has an inferior arrangement in terms of getting their grants. What is
being given here is a mechanism similar to what the LGUs already get.
But having a legislative assembly, then they are required to pass an
appropriations act for the spending of that block grant. It is
acknowledging, Your Honor, that the people on the ground, that the
local leaders and the regional leaders will know more about where
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION NGDizon I-2 September 23, 2014 11:38 a.m. 3 their money should be going to the national government. So that is
acknowledged, Your Honor.
SEN. EJERCITO. Thank you.
Yes, Chairman Iqbal.
MR. IQBAL. Thank you very much. I just want to go back briefly
on the issue of Bangsamoro Development Plan.
As envisioned, the Bangsamoro Development Plan is practically a
photocopy of the national development plan. However, there are
requirementsThere are special situations in the Bangsamoro that will
be taken into account in the planning of the Bangsamoro Development
Plan. In short, I would repeat, generally, the Bangsamoro
Development Plan is a replica of the national development plan but
there are basic requirements that are peculiar to the Bangsamoro
which will be addressed in the Bangsamoro Development Plan.
SEN. EJERCITO. Thank you, Chairman Iqbal.
Mr. Chairman, also in relation to this, will this not result in an
unfair situation between the Bangsamoro and the non-Bangsamoro
areas? Hindi naman ho kayo magkaroon ng ganoong pagtanaw itong
pagkakaroon ng block grant concept?
MS. CORONEL-FERRER. I think, Your Honor, the principle here
is along the lines of affirmative action. We are pushing for the
development of a region that has been left behind by the national
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION NGDizon I-2 September 23, 2014 11:38 a.m. 4 processes and, therefore, is being provided now with significant
financial resources until they are able to achieve their own fiscal
autonomy. Theres a provision here in the draft BBL that as soon as
the Bangsamoro government is able to generate more fiscal revenues,
specifically from natural resources and from the new taxes that have
been devolved to them, this will be deducted from the block grant that
the government provides annually to the region. So the idea is to
jump-start that development process; be able to support its
development into a self-sufficient fiscally autonomous region and
lessen eventually the subsidy that comes from national government
provided for the Bangsamoro.
THE CHAIRMAN (SEN. MARCOS). As a point of information to
those in the body and all of those who are here, precisely because
some LGUs have felt that this is not a fair arrangement because it is
not the same as what other LGUs are getting. And as a point of
information, the Cordillera congressmen yesterday all filed for an
autonomous region as well. And I guess that is the effect of what
Senator Ejercito is trying to bring up, just to inform all of those here.
MS. CORONEL-FERRER. Your Honor.
SEN. EJERCITO. Yes, please.
MS. CORONEL-FERRER. On that point, there are only two
regions in the country that are constitutionally allowed to create such
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION NGDizon I-2 September 23, 2014 11:38 a.m. 5 autonomous regions and that is indeed the Cordillera and the Muslim
Mindanao.
THE CHAIRMAN (SEN. MARCOS). And I got to go further. I
think that because of the preferential treatment that is being given to
Bangsamoro, they would like to enjoy that same preferential
treatment. But again, that is an addition to the information of the
body on what has already started to happen because of the filing of
the draft Bangsamoro Basic Law.
SEN. PIMENTEL. Mr. Chairman, an interjection.
Professor Ferrer mentioned that the block grant can have
deductions. Is that clear in the law? Can you point out where?
MS. CORONEL-FERRER. Its in the section on fiscal autonomy
which is Article XII and its provided for in
SEN. PIMENTEL. Do you have the Senate bill before you,
maam? So can you mention the page?
MS. CORONEL-FERRER. Section 19 of Article XII, page 66,
Deductions from the Block Grant. Four years from the
operationalization of the regular Bangsamoro government, the
following shall be deducted xxx.
SEN. PIMENTEL. Whats your copy?
MS. CORONEL-FERRER. Sorry, this is the House bill but in
Section 19 of Article XII
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COMMITTEE ON LOCAL GOVERNMENT JOINT WITH THE COMMITTEE ON PEACE, UNIFICATION AND RECONCILIATION NGDizon I-2 September 23, 2014 11:38 a.m. 6 THE CHAIRMAN (SEN. MARCOS). So it is page 8 sa atin.
SEN. PIMENTEL. Yes. I just want to make sure that it is clear
in the law as explained to us.
MR. IQBAL. Your Honor, can I be allowed to
THE CHAIRMAN (SEN. MARCOS). Yes, Chairman. Yes, please
go ahead.
MR. IQBAL. I just want to go back to on the previous issue
about congressmen filing congressional bill to create a sort of an
autonomy in the Cordillera. I think there are two historical
antecedents and that would show us that even during the American
regime, there were two special provinces created by the Americans.
Those were the Moro Province and the Mountain Province. It has
historical antecedent actually.
SEN. EJERCITO. Mr. Chairman. Siguro last in connection with
ito pong concept of block grant. Probably Professor Ferrer or Secretary
Deles. Anybody can answer this. What is the mechanism now for
reporting, monitoring and accountability for financial compliance and
implementation of the grant and accountability? Anybody can answer.
MR. BACANI. Your Honor, there will be a Bangsamoro auditing
body but without prejudice to the powers of the National Commission
on Audit. Basically, the Bangsamoro audit body will be more like the
internal audit in private corporations /ngdizon
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