THE HISTORY:
The draft pact on Bangsamoro homeland supposed to be entered into between the Government of the Republic of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF) to bring peace in Mindanao.
IMPORTANT CONCEPTS AND PRINCIPLES:
It is a birthright of all Moros and all Indigenous people of Mindanao to identify themselves and be accepted as “Bangsamoros”. Bangsamoro people refers to those who are natives or original inhabitants of Mindanao and its adjacent islands including Palawan and the Sulu archipelago at the time of conquest or colonization of its descendants whether mixed or of full blood.
Ownership of the homeland is vested exclusively in them by virtue of their prior rights of occupation that had inhered in them as sizeable bodies of people, delimited by their ancestors since time immemorial, and being the first politically organized dominant occupants.
Ancestral domain and ancestral land refer to those held under claim of ownership, occupied or possessed, by themselves or through the ancestors of the Bangsamoro people, communally or individually since time immemorial continuously to the present, except when prevented by war, civil disturbance, force majeure, or other forms of possible usurpation or displacement.
The Bangsamoro Juridical Entity (BJE) shall have the authority and jurisdiction over the Ancestral Domain and Ancestral lands, including both alienable and non-alienable lands encompassed within the homeland and ancestral history.
The Bangsamoro homeland and historic territory refer to the land mass as well as the maritime, terrestrial, fluvial and alluvial domains, and the aerial domain, the atmospheric space above it, embracing the Mindanao-Sulu-Palawan geographic region.
The Bangsamoro juridical entity is empowered with the authority and responsibility for the land use, development, conservation and disposition of the natural resources within the homeland.
The Bangsamoro juridical entity is free to enter into any economic cooperation and trade relations with foreign countries: provided, however, that such relationships and understandings do not include aggression against the Government of the Republic of the Philippines.
The Bangsamoro government take or profit split from total production shall be shared with the Central Government on a percentage ratio of 75%/25% in favor of the Bangsamoro juridical entity.
The ultimate objective of entrenching the Bangsamoro homeland as a territorial space is to secure their identity and posterity, to protect their property rights and resources as well as to establish a system of governance suitable and acceptable to them as a distinct dominant people.
MY OPINION:
Will the MOA on ancestral domain really bring peace in Mindanao? I don’t think so.
This agreement will only give MILF reason to declare independence and recognize Bangsamoro juridical entity as a state. In any event, the state should possess the following elements in order to be regarded as an international person:
(a) permanent population --- all Moros and all Indigenous people of Mindanao ;
(b) defined territory --- Mindanao-Sulu-Palawan geographic region;
(c) government --- establish a system of governance suitable and acceptable to them ;
(d) sovereignty --- Bangsamoro juridical entity is free to enter into any economic cooperation and trade relations with foreign countries.
(e) recognition
As stated in the Article 1 of 1987 Constitution, the national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. The proposed MOA AD violates the Constitution since parts Mindanao-Sulu-Palawan geographic region will comprise Bangsamoro homeland.
Also under the MOA, the ARMM, composed of Sulu, Maguindanao, Lanao del Sur, Tawi-Tawi, Basilan, and Marawi City will be expanded to include more than 700 villages in the provinces of Sultan Kudarat, Lanao del Norte and North Cotabato. The essence of the agreement is not the expansion of the Moro homeland but its concept, the recognition of the Moro people and state.
The MOA also grants the BJE an extraordinary power that is to enter into any economic cooperation and trade relations with foreign countries. This power is not delegated and deemed retained by the national government under our Constitution. Thus, such power is inconsistent with the Constitution.
.
IMPORTANT CONCEPTS AND PRINCIPLES:
It is a birthright of all Moros and all Indigenous people of Mindanao to identify themselves and be accepted as “Bangsamoros”. Bangsamoro people refers to those who are natives or original inhabitants of Mindanao and its adjacent islands including Palawan and the Sulu archipelago at the time of conquest or colonization of its descendants whether mixed or of full blood.
Ownership of the homeland is vested exclusively in them by virtue of their prior rights of occupation that had inhered in them as sizeable bodies of people, delimited by their ancestors since time immemorial, and being the first politically organized dominant occupants.
Ancestral domain and ancestral land refer to those held under claim of ownership, occupied or possessed, by themselves or through the ancestors of the Bangsamoro people, communally or individually since time immemorial continuously to the present, except when prevented by war, civil disturbance, force majeure, or other forms of possible usurpation or displacement.
The Bangsamoro Juridical Entity (BJE) shall have the authority and jurisdiction over the Ancestral Domain and Ancestral lands, including both alienable and non-alienable lands encompassed within the homeland and ancestral history.
The Bangsamoro homeland and historic territory refer to the land mass as well as the maritime, terrestrial, fluvial and alluvial domains, and the aerial domain, the atmospheric space above it, embracing the Mindanao-Sulu-Palawan geographic region.
The Bangsamoro juridical entity is empowered with the authority and responsibility for the land use, development, conservation and disposition of the natural resources within the homeland.
The Bangsamoro juridical entity is free to enter into any economic cooperation and trade relations with foreign countries: provided, however, that such relationships and understandings do not include aggression against the Government of the Republic of the Philippines.
The Bangsamoro government take or profit split from total production shall be shared with the Central Government on a percentage ratio of 75%/25% in favor of the Bangsamoro juridical entity.
The ultimate objective of entrenching the Bangsamoro homeland as a territorial space is to secure their identity and posterity, to protect their property rights and resources as well as to establish a system of governance suitable and acceptable to them as a distinct dominant people.
MY OPINION:
Will the MOA on ancestral domain really bring peace in Mindanao? I don’t think so.
This agreement will only give MILF reason to declare independence and recognize Bangsamoro juridical entity as a state. In any event, the state should possess the following elements in order to be regarded as an international person:
(a) permanent population --- all Moros and all Indigenous people of Mindanao ;
(b) defined territory --- Mindanao-Sulu-Palawan geographic region;
(c) government --- establish a system of governance suitable and acceptable to them ;
(d) sovereignty --- Bangsamoro juridical entity is free to enter into any economic cooperation and trade relations with foreign countries.
(e) recognition
As stated in the Article 1 of 1987 Constitution, the national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. The proposed MOA AD violates the Constitution since parts Mindanao-Sulu-Palawan geographic region will comprise Bangsamoro homeland.
Also under the MOA, the ARMM, composed of Sulu, Maguindanao, Lanao del Sur, Tawi-Tawi, Basilan, and Marawi City will be expanded to include more than 700 villages in the provinces of Sultan Kudarat, Lanao del Norte and North Cotabato. The essence of the agreement is not the expansion of the Moro homeland but its concept, the recognition of the Moro people and state.
The MOA also grants the BJE an extraordinary power that is to enter into any economic cooperation and trade relations with foreign countries. This power is not delegated and deemed retained by the national government under our Constitution. Thus, such power is inconsistent with the Constitution.
.
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