What is the Comprehensive Agreement

on the Bangsamoro?
By Kristine Angeli Sabillo
INQUIRER.net

7:10 pm | Wednesday, March 26th, 2014

MANILA, Philippines On March 27, the government of the Philippines (GPH) and the Moro Islamic
Liberation Front (MILF) will sign the Comprehensive Agreement on the Bangsamoro (CAB), supposedly
ending the decades-old armed conflict in Mindanao. A thousand people, including almost 500
representatives of the MILF, will attend that historic event at the Malacaang grounds.
For those not familiar with the issue, below are some basic information.
The sealing of the comprehensive agreement is important not only for the Bangsamoro, the people of
Mindanao and all other Filipino citizens who have all to gain as one country pursuing its unfinished
task of nation-building. Prof. Miriam Coronel-Ferrer, GPH Peace Panel chair
What is the Comprehensive Agreement on the Bangsamoro?
The CAB is a five-page, 12-point text document representing the final peace agreement between the GPH
and the MILF.
According to Ferrer, it recognizes the justness and legitimacy of the cause of the Bangsamoro people,
their aspiration for meaningful autonomy through a democratic process; the aim of finding a solution to
the Bangsamoro question with honor, justice, and dignity; the aim to end the fighting between the
government and the MILF and promote peace and stability; the recognition of the responsibilities of the
parties to protect and enhance the rights of the Bangsamoro people and all other inhabitants, correct
historical injustice, and equitably diffuse wealth and political power.
The signing of the CAB is the culmination of the 17 years of peace negotiations between the two parties
and will pave the way for a Bangsamoro autonomous political entity.
It also reiterates the two parties commitment to the following agreements/documents:
The Framework Agreement on the Bangsamoro (FAB) (signed Oct. 12, 2012), which
outlines the political settlement between the GPH and the MILF and the process of transition from the
Autonomous Region on Muslim Mindanao to a new Bangsamoro autonomous political entity
The Four Annexes and the Addendum to the FAB:
a.
Annex on Transitional Modalities and Arrangements (signed Feb. 27, 2013), which
establishes the transitional process for the establishment of the Bangsamoro. It details the creation of a
transition commission, a Bangsamoro Basic Law, and a Bangsamoro Transition Authority
b. Annex on Revenue Generation and Wealth Sharing (signed July 13, 2013), which
enumerates the sources of wealth creation and financial assistance for the new entity.
c.
Annex on Power Sharing (signed Dec. 8, 2013), which discusses intergovernmental relations of
the central government, the Bangsamoro government and the local government units under the
Bangsamoro
d. Annex on Normalization (signed Jan. 25, 2014), which paves the way for the laying down of
weapons of MILF members and their transition to civilian life. Normalization is the process through
which the communities affected by the conflict in Mindanao can return to peaceful life and pursue
sustainable livelihood.
e. Addendum on the Bangsamoro Waters and Zones of Joint Cooperation (signed Jan. 25,
2014), which details the scope of waters under the territorial jurisdiction of the Bangsamoro (12 nautical
miles from the coast) and Zones of Joint Cooperation or bodies of water (Sulu Sea and Moro Gulf) within
the territory of the Philippines but not within the Bangsamoro
The Ceasefire Agreement of 1997 signed by the GPH and the MILF
The Agreement on Peace signed in Tripoli in 2001, laying down the agenda for the peace
talks

The Declaration of Continuity of Negotiation signed in June 2010, which picked up the pieces
from the failed memorandum of agreement on ancestral domain (MOA-AD).
What is the Bangsamoro autonomous political entity?
The Bangsamoro autonomous political entity will replace the Autonomous Region in Muslim Mindanao
(ARMM) by 2016. It will be presided over by a ministerial form of government. It is not an Islamic state.
However, the scope of its territory will be settled after a plebiscite on the Bangsamoro Basic Law.
According to the signed documents, the envisioned core territory includes the current ARMM provinces
and Marawi City; the cities of Cotabato and Isabela; the six municipalities of Lanao del Norte (Baloi,
Munai, Nunungan, Pantar, Tagoloan and Tangkal) and villages (under the municipalities of Kabacan,
Carmen, Aleosan, Pigkawayan, Pikit and Midsayap) that voted for inclusion in the ARMM in 2001.
The ministerial government, which will be in the form of an assembly with an elected chief minister, will
have an asymmetric relationship with the national government.
The Bangsamoro Basic Law, which is still being drafted, will define the relations of the local government
units, the Bangsamoro government and the central government.
The Annex on Power Sharing states that the relationship should be reflective of the recognition of the
Bangsamoro identity and their aspiration for self-governance.
Civil courts for non-Muslims will be maintained while Sharia courts for Muslims will be established. A
judicial process for indigenous rights will also be allotted for.
The Bangsamoro government will have taxing powers similar to that of the ARMM. It will collect funds
from fees and charges, grants and donations, loans and other sources of revenues. Of the national taxes,
fees and charges collected by the central or national government within the territory, 75 percent will go to
the Bangsamoro government. In the long-run, the Bangsamoro should be less dependent on the national
government.

Flaws in Moro peace deal cited

By Leila B. Salaverria
Philippine Daily Inquirer
5:58 am | Wednesday, May 14th, 2014

MANILA, PhilippinesThe Philippine Constitution Association has warned lawmakers that the peace
deal between the government and the Moro Islamic Liberation Front (MILF) was sprinkled with illegal
commitments and unconstitutional provisions which could cause chaos and instability.
Manuel Lazaro, Philconsa chair, noted during a briefing organized by the independent bloc in the House
of Representatives on Monday that certain provisions contained in the annexes of the comprehensive
agreement on the Bangsamoro may require constitutional changes to be valid.
The Comprehensive Agreement on the Bangsamoro is a peace deal between the government and the
MILF. It will give rise to a new Bangsamoro region that will replace the Autonomous Region on Muslim
Mindanao (ARMM).
In a position paper marked Initial Observations, Philconsa questioned the asymmetric relationship
between the central government and the Bangsamoro government.
@@
Tricky
It said this meant it had no fixed and agreed meaning. It is nothing and everything. It is tricky(a)
treacherous word, the Philconsa said.

It also questioned the gradual phasing and transfer of law enforcement functions from the Armed Forces
of the Philippines to the police force of the Bangsamoro.
We cannot have two armed forces. This is a no-no. This is risking the security, territory and people
outside Bangsamoro and planting the seeds of rebellion, secession, it said.
Wealth sharing
It also raised concerns about the annex on revenue generation and wealth sharing.
It provides that the current 50-50 mineral revenue sharing between the national government and the
ARMM would only be retained with regard to uranium and fossil fuels such as petroleum, natural gas and
coal.
The Bangsamoros share for metallic minerals would be 75 percent, while it would get all nonmetallic
resources. Its regional legislature would also be able to postpone the remittance of the national
governments share of the revenues for a limited, but unspecified, period.
But the Philconsa said revenues from the ownership and exploitation of natural resources was a
constitutional matter. The constitution states that all lands of public domain, waters, minerals, coal,
petroleum and other mineral oil, fisheries, forests, timber, wildlife and other natural resources are owned
by the State.
By law, not by treaty
Consequently, all revenues from the exploitation of natural resources should belong to the State. For
Bangsamoro to share, it must be provided in the Constitution or the Constitution authorizes the sharing
as provided by law but certainly not through an agreement between the Executive Department and the
MILF, it said.
The Bangsamoro territory is another contentious aspect.

Palace misses Moro law deadline

By Christian V. Esguerra
Philippine Daily Inquirer
5:47 am | Tuesday, May 6th, 2014

MANILA, PhilippinesMalacaang on Monday failed to transmit to Congress the draft of the

Bangsamoro Basic Law, thus missing the deadline for the submission of the measure that would pave the
way for the establishment of a new autonomous region in Mindanao.
Communications Secretary Herminio Coloma said the draft law submitted by the Bangsamoro Transition
Commission (BTC) on April 14 was still being reviewed by the Palace legal team.
He could not say when the review would be completed and when the document would finally be
transmitted to the Senate and the House of Representatives.
We are aware of the sense of urgency on the matter because we have a timeline that we need to follow,
Coloma said in Filipino in a press briefing.
He said the Office of the Presidents legal team and the Office of the Chief Presidential Legal Counsel were
still studying the draft to determine propriety for inclusion in the legislative agenda of the President.
This review ensures meticulous and circumspect evaluation that each provision of the proposed
Bangsamoro Basic Law conforms to the Constitution and the signed agreements, he said.
On Sunday, Senate President Franklin Drilon said the draft was supposed to be submitted Monday when
Congress resumed its session.
Originally, our discussion was that we would have it by tomorrow [May 5], he said in a radio interview
over dzBB radio.
But Drilon said the BTCs submission of the draft to Malacaang had also been delayed.
Review necessary
This could not be given to the Senate or the House without being reviewed by the lawyers from the Office
of the President and the DOJ [Department of Justice], Drilon said.
Drilon said the review would make sure that the proposed law would not be shamefully against the
Constitution.

Despite the delay, he was optimistic the administration would still be able to meet its target, which is to
submit the law to a plebiscite and put up the Bangsamoro autonomous region by 2016.
I think the deadline would still be met. I just hope the submission of the administration measure to
Congress would not be delayed for so long, he said, vowing to give the draft bill priority once we receive
it.
Senate Majority Leader Alan Peter Cayetano said that many people were clamoring for the passage of the
draft law.
Im happy that some of our Muslim brothers are calling on us to pass it. But its a little bit premature
because they (Palace) havent submitted the draft law, Cayetano said by phone.
But while Drilon and Speaker Feliciano Belmonte Jr. predicted the proposed law would be passed by
yearend, Cayetano said its approval would depend on its provisions and its implications.
Its the details that will be important, he said. There are a lot of questions regarding the annexes. The
annexes will come to life depending on how the law is written. If the law is very articulate and it will
answer many questions to the satisfaction of the lawmakers, then it will be speeded up. But if it will raise
questions, it can be delayed.
Draft submitted
The Bangsamoro Transition Commission, headed by Mohagher Iqbal of the Moro Islamic Liberation
Front, submitted the draft law to the Office of the President on April 14.
Two commissioners from the government side, Johaira Wahab and Fatmawati Salapuddin, skipped the
signing of the draft law, according to reports.
Coloma said that Malacaang hoped to submit the draft law to Congress in June or earlier.
In his speech during the signing of the Comprehensive Agreement on the Bangsamoro on March 28,
President Aquino said he would go all-out in forging a principled consensus.
He said he expected congressional deliberations to be characterized by a sincere desire to improve on the
Bangsamoro Basic Law, and not by self-interest that only aims to perpetuate an untenable status quo.
If the law is ratified in the areas covered by the Bangsamoro region, the Bangsamoro people could take
part in the 2016 national elections.With a report from TJ A. Burgonio

Lanao Sur town wants out of

Bangsamoro
By Richel V. Umel
Inquirer Mindanao
7:41 pm | Tuesday, April 22nd, 2014

WAO, Lanao del SurSome 20,000 residents of this Christian-dominated town showed up at a
government-organized public consultation here on Monday and expressed opposition to the inclusion of
this municipality in the Bangsamoro territory.
Edna Espinosa, chairperson of Lihok Wao (Wao Movement), urged the government peace panel,
represented by former Agriculture Secretary Senen Bacani, to the draft Bangsamoro Basic Law available
to the public.
We were not consulted before it was submitted for review to the President, Espinosa said.
Bacani, during the public consultation, said a copy of the draft legislation could not be made public as it
was still being reviewed by Malacaang. He said, however, he was confident that Congress will approve
the Bangsamoro Basic Law before a plebiscite takes place.
Some residents said they were apprehensive their lands would be affected if the town falls under the
Bangsamoro jurisdiction.
Pedrito Eisma, a member of the Bangsamoro Transition Commission, said Christians will not be in the
disadvantage under the Bangsamoro.
Mayor Elvino Balicao said he supported his constituents decision.
Being your local chief executive, I am always be on your side, Balicao said.
Some of those who attended the consultation brought with them placards expressing their opposition to
the inclusion of the town in the Bangsamoro territory.
Wao town is second class town of 27 villages, six of which are Muslim communities.

'Bangsamoro deal illegal, creates

substate'
Ayee Macaraig, Rappler
Published 8:01 PM, Apr 02, 2014
Updated 3:43 PM, Apr 04, 2014

MANILA, Philippines Senator Miriam Defensor Santiago voiced her objection to the final peace
agreement between the government and the Moro Islamic Liberation Front (MILF), calling it
unconstitutional.
Just days after the historic signing of the peace accord, Santiago said that the deal creates the Bangsamoro
as a substate instead of a mere autonomous region, and appears to facilitate its secession.
In a graduation speech at the Gordon College in Olongapo City, the senator said that the agreement
violates the principle of constitutional supremacy and diminishes the governments sovereignty.
Santiago is the first senator to call the deal unconstitutional, ahead of congressional debates on the
Bangsamoro, a region with wider political and economic powers that will replace the Autonomous Region
in Muslim Mindanao (ARMM). The Bangsamoro Transition Commission (BTC) is the body crafting the
bill creating the region.
Santiago said she was incensed by the provision in the agreement specifying the following function of
the BTC: To work on the proposals to amend the Philippine Constitution for the purpose of amending
and enriching in the Constitution the agreements of the Parties whenever necessary without derogating
from any prior peace agreement.
Say again?! Wh a - a - a - t?! The Agreement embodies the consent of the executive branch to amend the
Philippine Constitution in order to accommodate the Agreement! This is beyond ridiculous, said
Santiago on Wednesday, April 2, in a copy of her speech that her office released.
The constitutional law expert said that the Bangsamoro agreement also attempts to redefine the
sovereignty of the Philippines.
The Philippine Constitution provides for the powers of the state. The Constitution is supreme. The
Agreement reserves to the central government the exercise of so-called reserved powers, which are
described as powers retained by the central government. Thus, the Agreement diminishes the
sovereignty of the Philippine government by listing what are the powers that the central government can
retain.
Santiago also questioned the provision in the agreement providing that the powers reserved to the central
government will depend upon further negotiation. She cited the following provision: This list is without
prejudice to additional powers that may be agreed upon by the parties.
The senator then said, Thus, the Agreement not only reduces the sovereignty of the central government,
but also provides that in the future, such sovereign powers as have been reserved may be further
increased, provided the Bangsamoro agrees. It will therefore be the Bangsamoro which will determine
what should be the remaining sovereign powers of the central government.

The chairperson of the Senate committee on constitutional amendments hinted that she will not support
the Bangsamoro Basic Law, which will formally create the Bangsamoro.
While I am chair, it will be extremely difficult to convince me, as a student of constitutional law, that the
Bangsamoro Agreement respects the Philippine Constitution, Santiago said.
She added that there are groups that will question the deal before the Supreme Court this week or next
week.
Santiagos statement comes after Senate President Franklin Drilon and the government and MILF peace
panels reiterated their assurance that the Bangsamoro law will comply with the Constitution, and will not
require charter change.
The two panels signed the Comprehensive Agreement on the Bangsamoro on March 27 aimed at ending
decades of armed conflict in Mindanao.
Same as illegal MOA-AD
Santiago said that after making a preliminary study of the agreement, she found that it has provisions
similar to those of the Memorandum of Agreement on Ancestral Domain (MOA-AD), which the Supreme
Court declared unconstitutional during the Arroyo administration. The ruling then triggered fresh
fighting in parts of Mindanao.
Both the MOA-AD and the Bangsamoro Agreement appear to facilitate the secession of the Bangsamoro
from our country, in a manner similar to the secession of Kosovo and Crimea, Santiago said without
elaborating.
Santiago said the following provisions of the Bangsamoro agreement show that the region will be a
substate:
The powers of the central government shall be determined by the Agreement, thus turning
Bangsamoro into a substate.
The Autonomous Region for Muslim Mindanao, which is provided for by the Constitution, will be
abolished by mere agreement with the MILF, which is not surprising if you consider that the
Bangsamoro has become a substate.
Allocation to the Bangsamoro of all powers exercised by the national government over local
government units.
Although the Constitution provides that natural resources belong to the state, in the Bangsamoro
territory, only Bangsamoro will have exclusive jurisdiction over natural resources.
The Annex on Power Sharing gives to Bangsamoro so-called exclusive powers, which is defined
as a tautology, as powers or matters over which authority and jurisdiction pertain to the
Bangsamoro government.
Only the Bangsamoro shall be under a ministerial form of government, while the rest of the
country will operate under a presidential form of government.
The Agreement in Part 7, para. 4, subpara (b) enumerates the functions of the Transition
Commission which at present is reportedly drafting the Bangsamoro Basic Law. One of the
functions of the Transition Commission is as follows: To work on proposals to amend the
Philippine Constitution for the purpose of amending and enriching in the Constitution the
agreements of the Parties whenever necessary without derogating from any prior peace
agreement.
Executive infringing on Congress power'

Santiago also said the executive branch infringed upon the powers of the legislative branch in negotiating
the agreement with the MILF. She said the agreement should not have identified the executive as the
Philippine government.
The reality is that only one of the 3 branches of government the executive branch, consisting of the
Office of the President acting through a peace panel of negotiators represented the government. The
executive branch alone does not represent the Philippine Government. Thus, the executive branch, in
negotiating the Agreement had no power to bind the two other branches legislative and judicial.
Santiago said the executive misrepresented itself as the government. Thus, the Agreement is concluded
between one branch mistakenly identifying itself as the government, and what will turn out to be a
substate.
Panel head proposes meeting with Santiago
Government chief negotiator Miriam Coronel-Ferrer said the peace panel would rather schedule a
meeting with Santiago rather than address her criticisms in bits and pieces.
"We all know that the honorable senator is a constitutional expert. We appreciate her insights and
opinions," Ferrer said.
"Perhaps it would be more ideal if we can sit down and discuss the different comments she has made and
have that kind of dialogue where we can extensively talk about the substance of the documents. We are
requesting a meeting with her and other legislators who may wish to engage us in that kind of discussion,"
Ferrer said.
Ferrer maintains that the Bangsamoro peace agreement is constitutional and does not create a substate.
"Nothing in the process talks about constitutional change. The only reference is for the Bangsamoro
Transition Commission one of their functions is to submit recommendations for constitutional
amendments," Ferrer said.
"If you see the roadmap, it follows the regular legislative process. A new organic act for the Bangsamoro
will be crafted a process precisely contemplated in the Constitution. And the President has made it clear
we should do this without the need for constitutional change," Ferrer said.
Ferrer also noted the term "substate" is not mentioned in the peace agreement.
"You will not find the word substate in any of documents. What you have are the features of the
autonomous region, all of these are guided by the powers under the Constitution," she said. with a
report from Angela Casauay/Rappler.com

Bangsamoro Peace Deal for

Mindanao: Wheres the Peace?
By Paula Defensor Knack, TheDiplomat.com
April 09, 2014

Last week, amid considerable fanfare, the Philippine government announced the signing of (yet another)
historic peace deal, the Comprehensive Agreement on the Bangsamoro (CAB), with the rebel group Moro
Islamic Liberation Front (MILF), a breakaway group from the secessionist Moro National Liberation
Front (MNLF) in Mindanao. The agreement would create an autonomous Bangsamoro political entity that
is bigger than the current Autonomous Region of Muslim Mindanao. The term Bangsamoro does not
appear in the constitutional provision on Muslim Mindanao, but supposedly refers to the Muslim
population in Mindanao, also known as the Moro. Brokered by Malaysia, the CAB follows a long list of
failed peace deals to settle the armed conflict in Mindanao, which spans hundreds of years.
From the beginning of the peace process, however, all has not been well. Immediately after the
Framework Agreement for the CAB was signed two years ago, it was met by strong opposition from
constitutionalists, other armed groups, indigenous peoples, and concerned citizens nationwide, and was
followed by two major armed conflicts with the MNLF, in Sabah, Malaysia and in the city of Zamboanga
in the southern Philippines.
The first red flag appears on reading the parties to the agreement: The deal has been made only with the
MILF, and excludes the secessionist MNLF, private armies, and paramilitary civilian groups and militias
roaming the area. It also excludes the heirs of the Sultanate of Sulu, which ruled the territory as a thriving
empire in ancient times, and the indigenous tribes whose rights are protected by a UN convention and
who also claim the territory as their ancestral domain. In rejecting the peace deal, the armed followers of
the sultanate in August of last year attacked Sabah in Malaysia, which it tried to reclaim. Sabah is being
leased by Malaysia as successor to the British North Borneo Company, which leased it from the sultanate
in 1878. Malaysia claims it was ceded, yet it continues to make annual lease payments to the sultanate.
The MNLF supported the sultanates followers and quickly proclaimed Mindanao independent, with Nuri
Misuari as president of the Bangsamoro Republik, the proposed federal state that encompasses the whole
island grouping of Mindanao, including non-Muslim provinces and cities, Sabah, and Sarawak in
Malaysias Borneo. Malaysia retaliated with air strikes that prompted the rebels to retreat into the jungle.
A crackdown on hundreds of Filipino migrant workers who support Malaysias oil and petroleum industry
followed, with some fleeing back to Mindanao. Ironically, Malaysia had previously supplied the rebels
with arms and munitions, for use against the Philippine government. A book published by the Office of
Strategic and Special Studies, the think tank of the Armed Forces of the Philippines, suggested that
Malaysia is using a deal with the MILF to suppress the MNLF, which Malaysia had previously funded and
trained.
Months later, a faction of the MNLF led by Misuari launched another attack, this time in Zamboanga, a
southern city with a predominantly Christian population, and took hostages. According to the city mayor,
Isabelle Climaco-Salazar, The main target by the MNLF in encroaching Zamboanga City is to raise their
banner of independence at city hall. About 200 people were killed, tens of thousands displaced and
thousands of homes destroyed by fire. Arrest warrants for rebellion and human rights violations were
issued against Misuari and MNLF leaders.
A second red flag appears to lie in the lack of provision for total disarmament of the MILF. The CAB calls
for the decommissioning of weapons before a joint international and national group. Yet four
commanders of the MILF, with about 4,000 followers, have refused to accept that requirement and
returned to the MNLF fold, vowing to resume their secession bid. For its part, the MNLF views the peace
deal between the Philippine government and the MILF as a violation of the 1996 peace agreement
brokered by the Organization of Islamic Cooperation.
Another serious problem is the legal framework itself. The CAB is almost a carbon copy of the failed peace
deal of 2008, the Memorandum of Agreement on Ancestral Domain (MOA-AD), signed by then President
Gloria Macapagal-Arroyo with the MILF, which created a new juridical entity similar to the CAB. It was
struck down by the Supreme Court that same year, on the grounds that it was unconstitutional. The court
may well vote the same way on the CAB. Both the CAB and the failed MOA-AD provide for the expansion
of the current Autonomous Region of Muslim Mindanao (ARMM) embodied in the Philippine
Constitution. The proposed territory consists of the current autonomous region and encroaches partly on
non-Muslim regions. Blood feuds among the Muslims often spill over into areas that are predominantly

Christian. Including the latter in the proposed Bangsamoro territory is expected to produce more
bloodshed and heighten the conflict between Muslims and Christians
In the MOA-AD case, the Philippine Supreme Court also ruled that the president does not have the
authority to delegate the power to create a political entity. The court additionally noted that there had
been no prior consultation with the affected areas. Father Joaquin Bernas S.J., a leading constitutionalist,
noted that a memorandum of agreement cannot cede territory of a sovereign state that requires a
constitutional amendment. That issue persists in the present peace deal. The chair of the Senate
Committee on Constitutional Amendments, Revision of Codes and Laws, Senator Miriam Defensor
Santiago, points out that the provision violates the principle of constitutional supremacy and that the new
political entity is actually a sub-state with exclusive powers, including matters of authority and
jurisdiction that run contrary to the Constitution. The Transition Commission created under the peace
deal is meanwhile tasked with amending the Philippine Constitution as necessary to accommodate the
peace deal, which again assumes a power that the president does not possess.
All of which raises a question: Wheres the peace?