A Critical Analysis: GRP-MILF Memorandum of Agreement on Ancestral Domains.

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Article X, section 15, of the Constitution states that, “there shall be created Autonomous Regions in Muslim Mindanao and in the Cordilleras consisting of provinces, cities, municipalities and geographic areas sharing common and distinctive historical and cultural heritage, economic and social structures and other relevant characteristics within the frame works of this Constitution and the national sovereignity as well as territorial integrity of the republic of the Philippines”.

As we clearly seen, the Philippine Constitution authorizes the creation of an autonomous region in Muslim Mindanao, and not a “virtual state”, like the proposed Bangsamoro Juridical Entity (BJE), which is provided in the Memorandum of Agreement on Ancestral Domain between the government and the Moro Islamic Liberation Front (MILF).

Based on my analysis, I opposed the inclusion of other cities in Mindanao and its barangays within the Bangsamoro Juridical entity as provided in the Memorandum of Agreement, whose signing was temporarily stopped by the Supreme Court a week ago. Because as provided by the provisions of Article X, it has already been implemented with the enactment of Republic Act 6734 in 1989, as amended by Republic Act 9054 in 2001, which pave the waqy for the creation and operation of the Autonomous Region for Muslim Mindanao (ARMM).

As a matter of fact, the Peace Agreement entered into by the National Government which provided the foundation for the enactment of the amendatory Republic Act 9054, expressly provides that the pact costitutes the final and full implementation of the 1976 Tripoly Agreement which granted Muslims the Autonomy of their local government.

And now, critically reviewing the executive summary of the GRP-MILF Memorandum of Agreement, some Constitutionalists divide the discussion of Ancestral Domain into four sub-topics (or strands), namely: Concept, Territory, Resources and Governance. Through these strands, both sides have gone beyond treating the issue of Ancestral Domain as a question of mere land ownership. Rather, we have now forged or renewed a common objective of addressing the subject in terms of acknowledging the identity of the Bangsamoro people, affirming their rights over a homeland and its resources, and providing them vthe opportunity to establish a government or a system of governance suitable and acceptable to them as a people possessing a unique history and culture.

Disecting properly the Executive Summary of memorandum of Agreement, the Ancestral Domain as a concept in the context of Peace Negotiations, I have concluded that this is more than just land and propreitary ownership. Because the Memorandum also has the items that explicitly define the Bangsamoro people’s identity and acknowledging their roots from a self-governing society in pre- Colonial Philippines. The core of the concept talks not only pf the Bangsamoro people’s rights and freedoms, but also vested property rights and religious and cultural liberties of other people.

The strand on Territory defines the area of composition of the BJE, the core of which is the present geographic jurisdiction of the ARMM, including areas composed of 721 barangays adjacent to the ARMM. There are also arrangements over the fluvial and maritime domains consist of the internal and territorial waters of the BJE.

Literally and figuratively speaking, there are vague and broad meanings about the word “JURIDICAL ENTITY”. The Philippine Republic has national and local government units. Juridical entity as used in the deal covers all the widest concepts in law, and may include Philippines and all 7,107 islands big and small.

Noted, that partitioning bowntown other cities (Zamboanga) and ceding Zones (zones III and IV) may contravene the more popular protection of the bill of Rights on deprivation of property and ignoring due process.

Dealing suject to suits, further obserations that any contact or treaty between the so-called Juridical entity is subject to protection or nullification under the Constitution. If the RP panel hasviolated a single line in the Constitution it can be called grave abuse or wrongful or unwarranted exercise of a power or right, a firm ground to nullify any deal or contract.

We see very clearly that there is definitely a kind of deprivation of property in clear violation of the Bill of Rights. If the intent of the parties is to force an amendment or revision without concealing the true intent, which is akin to bad faith, a clear invitation to national resentment, anger and grievance of the highest form.

The strand on resources grants authority to the BJE on the use and development of resources found within the BJE jurisdiction. More significantly, it sets the reasonable sharing with the Central Government of profit from exploration of potential sources of energy found within BJE jurisdiction. It means to say that Bangsamoro Juridical Entity have the power to conduct economic relations to maximize its capacity to fully develop.

The last strand on Governance laid down the mechanisms and modalities to implement the Memorandum of Agreement on Ancestral Domain, details to which will be outlined in the Comprhensive Compact.

Negotiations about the Comprehensive Compact includes the agreement that Bangsamoro people will have their own form of government, including three branches of government which will be based on their tradition consisting of punishment of death. They will have also “Local Police Powers”, a force separate and distinct from the police powers of the Philippines.

Based on Juridical Entity, their ancestral domain will no longer part of public domain. They will rule their own territory including the earial, territorial, and fluvial domains embraced therein. Their original region (ARMM) will also claim a part of Zamboanga which are the zones III and IV.

Further discussions about the Agreement, this includes change in economic, business, educational and social situations in the country. If we will give away institutions and territory to Bangsamoro people to rule over by them, then we commit deprivation of property of other people who live quietly in that area. And in order to avoid such violation of Bill of Rights under our present Constitution, it will give rise to amendment of the Constitution. Like what some people have think about the Memorandum of Agreement, they thought that there was a hidden agenda by the Administration to pursue Charter change just to extend the term of our present president.

But this is very confusing. Isn’t the MILF in the government’s short list of terrorist groups, a veritable public enemy nomber one blamed for the close to civil war conditions in Mindanao? Why is it now the representative of the Bangsamoro in that controversial Memorandum of Agreement where the Constitution of this is now even mentioned?

I think the representative of Bangsamoro should not be the MILF but a Sultan especially in Sulu, because if we traced back to earlier than the seventeenth century and consult the tarsilas which are written genealogical accounts, lineal, or multi-lineal, indicating the succession of rulers, which may have dash of folklore and be interwoven with oral tradition. At the beginning of the seventeenth century, the sultan of Sulu held sway over the entire Sulu Archipelago including Basilan and Varios settlements around Zamboanga and the MILF is not yet established that time.

But according to some news, even the Sultan of Sulu have denounced it as an illegal and unlawful land grabbing of the MILF on the ancestral domains to its real and legal heirs. And that Memorandum of Agreement should be thrown away in the waste basket to calm the interest of the people in Mindanao.

If we focused on ancestral domains, could this mean that it also includes Sabah which the Philippine claims through the Sultanate of Sulu? Not only ancestral land but also marine and other natural resources like natural gas, mines, virgin forest, elusive iol wells, and minerals with considerable industrial value.

Going back to the Executive Summary of GRP-MILF Memorandum of Agreement on Ancestral Domains. Constitutionalists and Veteran Analysts have said that “it’s just a piece of paper. There’s nothing to worry about. Any change in the ARMM or territory has to go through Congress and a Plebiscite.