iag's understanding the moa-ad

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July - September 2008 A Quarterly Publication of the Institute for Autonomy and Governance Volume No. 4 Issue No. 3 AUTONOMY & PEACE REVIEW INSTITUTE FOR AUTONOMY AND GOVERNANCE KONRAD-ADENAUER-STIFTUNG Understanding MOA-AD Understanding MOA-AD Understanding MOA-AD Understanding MOA-AD Understanding MOA-AD

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Page 1: IAG's Understanding the MOA-AD

July - September 2008

A Quarterly Publication of the Institute for Autonomy and Governance

Volume No. 4 Issue No. 3

AUTONOMY & PEACE REVIEW

INSTITUTE FOR AUTONOMY AND GOVERNANCE

KONRAD-ADENAUER-STIFTUNG

Understanding MOA-ADUnderstanding MOA-ADUnderstanding MOA-ADUnderstanding MOA-ADUnderstanding MOA-AD

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The publication of this review is madepossible through the grant of the Konrad-Adenauer-Stiftung. KAS is in 3rd floor,ALPAP I building, 140 Leviste Street,Salcedo Village, Makati City, MetroManila, Philippines, telephone 894-3501.

Established in 2001, the Institute forAutonomy and Governance, Inc. seeksto provide research, training and technicalassistance to promote meaningfulautonomy and governance in the southernPhilippines. The Institute is at the AlumniCenter, Notre Dame University, NotreDame Avenue, Cotabato City, Philippines,telefax (64)421-2071.

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About the Institute for Autonomy and Governance

The Institute for Autonomy and Governance (IAG) is an independent and non-partisan think tank founded in 2001 to generate ideas on making autonomy aneffective vehicle for peace and development in the Southern Philippines.

The Autonomous Region in Muslim Mindanao (ARMM) was established pursuantto a constitutional mandate in 1989. Despite its operationalization after the 1996Final Peace Agreement between the Moro National Liberation Front (MNLF)and the Philippine Government, however, the new body was widely perceived asa failure in addressing the grievances of the Moros.

The causes for the failure are many and complex: structural (lack of funding, weakbureaucracy, corruption, and unclear relationship with the national government)and attitudinal (leadership’s subservience to the national government, lack of vision,and unbridled struggle for personal power). But the stakes for making autonomyan effective instrument for peace and development in Mindanao are high. Its failurecan cause a resurgence in insurgency and terrorism, posing security problems forthe whole country and the Southeast Asian region.

The IAG views autonomy as a broad and evolving concept that encompasses anypolitical structure that is less than an independent state. It sees the promotion ofautonomy in the southern Philippines as strategic. Whatever is in store for thecountry’s Muslim minority in the future, whether a federal, autonomous orindependent state, institutional capacities for political and economic governancemust be developed now to ensure that evolving structures can effectively addressthe root causes of armed conflicts.

Since 2001, IAG has conducted research, forums, roundtable discussions andconferences on the ARMM. It has published policy papers on political, economicand security issues that defined the much needed measures to be undertaken formeaningful autonomy in the region. IAG has been engaging the ARMM RegionalLegislative Assembly in capacity -building, focusing on legislative technology andprocesses and policy formulation and legislation. It has provided technical assistancein the crafting priority laws in the region and published two books on the ARMM:The ARMM Organic Law Annotated and Beyond Autonomy: Challenge in SouthernPhilippines.

IAG is an institutional partner of the Konrad -Adenauer-Stiftung in the Philippines.

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Autonomyand

Peace Review

INSTITUTE FOR AUTONOMY AND GOVERNANCE • KONRAD-ADENAUER-STIFTUNG

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CONTENTS

Editorial

MOA - AD: Quo Vadis?Fr. Eliseo “Jun” Mercado, OMI

Peace advocates raise concerns overancestral domain draft accord with MILFIsagani De Castro, Jr.

Solving the Mindanao Problem from the Perspectiveof the Mindanao

Memorandum of Agreement on the Ancestral DomainAspect of the GRP-MILF Tripoli Agreement on Peaceof 2001

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EDITORIAL

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Editorial Board

Atty. Camilo MontesaExecutive Director

Institute for Autonomyand Governance

Eliseo R.Mercado Jr., OMISenior Policy Adviser

IAG

Zainudin MalangExecutive Director

Moro Law and PolicyCenter

Amina RasulConvenor

Philippine Council forIslam and Democracy

Suharto AmbolodtoExecutive Director

Institute for StrategicInitiatives

Klaus PreschleCountry Representative

Konrad-Adenauer-Stiftung

As of this writing, the peace talks between the Philippine gov-ernment and the Moro Islamic Liberation Front (MILF) has collapsed.The peace process was in the brink of making history in the signing ofthe Memorandum of Agreement on Ancestral Domain between govern-ment and MILF negotiators in Kuala Lumpur on August 5, 2008 only tobe enjoined by a restraining order from the Philippine Supreme Courtupon petition by Christian political leaders who claimed that they werenot consulted on the contents of the agreement. Since the restrainingorder has been issued, government has backtracked from its earlier com-mitment to sign the agreement and declared that it will not forge anyancestral domain agreement in any form with the MILF at this time. Thegovernment also unveiled its new policy in the peace negotiations whichmust be community-based and anchored on the willingness of the MILFand other armed groups to agree on the inclusion of a provision on DDR(demobilization, disarmament and reintegration) in future peace agree-ments. Government forces have also waged armed offensives againstparticular base commanders of the MILF which government securityofficial claim were responsible for attacking communities in Maguindanaoand Lanao provinces.

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The MILF, on the other hand, claims that the attacks were ex-pressions of exasperation on the part of some MILF base commandersfor the botched signing of the MOA on Ancestral Domain caused largelyby government’s insincerity and lack of political will. In the meantime,thearmed confrontations continue to cause hardships to the civilian popu-lace killed, injured and displaced by the fighting.

A casualty in the renewed fighting is the cause of inter-religious andinter-cultural understanding between Christians, Muslims and Lumadsand the danger of reopening wounds of division and biases and preju-dices in Mindanao along confessional and cultural lines. Already, anti-Muslim vigilante groups such as the dreaded Ilaga group haveresurfaced.This raises serious concern of possible escalation of the re-newed hostilities into secretarian violence reminiscent of the bloodyChristian-Muslim conflicts in the early 1970’s.

For the past years, the Institute for Autonomy and Governancehas supported the research and discussions on Moro ancestral domainas a key to sustainable Mindanao peace. While it does so, IAG hasconsistently pointed out the red flags along the way. Among others,IAG raised the following obstacles in forging and implementing anyancestral domain agreement: potential constitutional questions, lack ofsupport from “gatekeepers” owing to the confidentiality of the talks, theMILF’s ability to harness intra-Moro support, and inability of the un-popular and weak Arroyo regime to rally support of political leaders tothe pact. While recognizing that negotiating Moro ancestral domain inthe peace talks is a step in the right direction, IAG has advocated that

it can only be implemented if it is supported not only by Mindanaostakeholders but by majority of the Filipino populace.

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The events of the past months leading to the collapse of thepeace talks and the renewed hostilities highlight the failure to effectivelyeducate Mindanao stakeholders and the entire Filipino nation on thehistory of the conflict and the failed solutions that resulted in the loss oflives and property and the destruction of social cohesion in multi-culturaland multi-religious Mindanao. Needless to say, the task of educatingthe entire country on Mindanao issues remains a serious concern for all.

This issue of the Autonomy and Peace Review focuses on un-derstanding the MOA on Ancestral Domain. While its signing may nottake place soon, the ancestral domain framework will most likely meritconsideration in future negotiations. The MOA-AD may be dead at thistime, but its spirit will surely live on to animate our continuous search forpeaceful resolution of the Mindanao conflict.

Fr. Mercado’s article explains what the MOA-AD ‘says anddoes not say” to enable the readers to fully understand what this contro-versial document is all about. Isagani de Castro, Jr., reports on the pro-ceedings of the peace advocates’ discussions on the MOA-AD, par-ticularly on whether its signing would be a good or bad news for them,while Ester Sevilla summarizes the proceedings of a workshop forumaimed at eliciting the perspectives of the youth sector in Mindanao onhow the Mindanao problem may be addresed. Finally, since this issueof the Autonomy and Peace Review is focused on the MOA-AD, thefull text of the document, including the annexes and the map of the pro-posed Bangsamoro Juridical Entity (BJE) has been included.

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[9]MOA-AD: Quo vadis?

Introduction

The Memorandum of Agreement (MOA) on the Ancestral Do-main Aspect of the 2001 Tripoli Agreement on Peace between the Gov-ernment of the Republic of the Philippines (GRP) and the Moro IslamicLiberation Front (MILF) was supposed to be signed on the 5th of Au-gust 2008 in Kuala Lumpur, Malaysia. All the parties and guests, par-ticularly the Philippine Foreign Secretary and the Malaysian ForeignMinister, with the Ambassadors of the United States, Japan, Australia,and the Official Envoy of the Secretary-General of the Organization ofIslamic Conference, were ready to witness the signing of the MOA.The gathering was like a wedding feast characterized by “victory” writ-ten in all their faces notwithstanding the protests and the many discor-dant voices ranging from “foul” to “sell out”.

The festive mood in Kuala Lumpur, however, was doused withcold water when word came out that the Supreme Court of the Philip-pines issued a Temporary Restraining Order or TRO upon the Philip-pine representatives not to proceed unless the Court’s TRO was lifted.

From the very start, the formidable task for the Philippine gov-ernment and the Moro Islamic Liberation Front has been to win publicsupport for the MOA that would eventually lead to a successful plebi-scite in the areas listed in “Category A”, which were to be added to thecore territory of the Bangsamoro (the present Autonomous Region inMuslim Mindanao plus the six municipalities of Baloi, Munai, Nunungan,Pantar, Tagoloan, and Tangkal in Lanao del Norte).

MOA–AD, Quo vadis?

Fr. Eliseo “Jun” Mercado, OMI

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To appreciate the MOA, one has to understand the struggle ofthe MILF in the name of the Bangsamoro peoples. In bold strokes,the peace process between the GRP and the MILF is geared towardssolving a “sovereignty-based” conflict. The “non-understanding” ofthis kind of conflict is precisely the source of many of the confusionsover the MOA.

It is a truism that the solution to a conflict depends on the typeof conflict. There is no “ready- made” solution that can fit all conflicts.The way to resolve the Bangsamoro question entails answering asovereignty-based struggle that is at the root of their aspiration anddream as a distinct nation.

The MOA-AD is definitely a step towards answering thesovereignty question of the Bangsamoro struggle. The title “Memoran-dum of Agreement on the Ancestral Domain Aspect” is actuallymisleading. The MOA is not just about “ancestral domain” in theordinary sense of the word. The MOA creates the very prism, theframework, and the mechanism to realize the dream and aspiration ofthe Bangsamoro.

The MOA will be difficult to understand, simply because itintroduces a new and unfamiliar paradigm in looking at the issuesinvolved in the peace process. In the past, the peace negotiationswere done and approached by insisting on the Constitution as if itwere written in stone. It is no accident that the peace negotiators ofthe past had to negotiate within the “box”, that is, the principles ofsovereignty, territorial integrity, and the Constitution.

Atty. Camilo Montesa of the Institute for Autonomy andGovernance, a Cotabato-based think-tank, narrated to the KusogMindanaw Group the genesis of the new paradigm as used in thenegotiation with the MILF, beginning in December 2006.

The new paradigm is based on the concept of “earned sovereignty” asa way out of the intractable positioning of the parties. The new para-digm has the following three stages:

The new paradigm is based on the concept of “earned sovereignty” asa way out of the intractable positioning of the parties. The new para-digm has the following three stages:

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Stage 1: Shared sovereignty. The GRP and the MILF shallagree on an initial stage of shared sovereignty, whereby the PhilippineState and soon-to-created sub-state, the Bangsamoro Juridical Entity(BJE) will jointly exercise some sovereign authority powers and func-tions over a defined territory in Mindanao (with the present ARMMterritory as the core).

Stage 2: Institution-building. During the period of shared sovereigntyand prior to the determination of final political status, the sub-state BJE,with the assistance of the international community, undertakes to con-struct new institutions for self-government, or even modify present au-tonomy arrangements, e.g. the ARMM.

Stage 3: Future determination of the final political status.In some future time, the relationship between the GRP and the BJE willbe directly determined by the Bangsamoro people themselves. Mostprobably, this status will be determined through a referendum conductedby international third parties, e.g. the United Nations.

The main flaws of this otherwise very good paradigm are verybasic, and which could have been addressed easily by government whilenegotiating with the MILF. The paramount flaw is the absence or utterlack of consultation of stakeholders, including Christian leaders, indig-enous peoples in Mindanao, and peace advocates themselves. This flawcontravenes the very essence of any peace process - participation of thestakeholders. The participative aspect of any process CANNOT beoveremphasized since this should lead to a regional and national con-sensus on the peace formula.

The second flaw is the lack of transparency and thus the lack ofaccountability in the whole process. It is rather very tragic that a goodparadigm is now being torpedoed on the basis of fundamentals (consul-tation and transparency) that could have been easily addressed. Thesame fundamentals are required in the upcoming negotiations on theComprehensive Compact (or Final Peace Agreement).

MOA-AD: Quo vadis?

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The third flaw is the fact that the government negotiating peacewith the MILF is at its lowest ebb. The social capital and the credibilityof the present government are busted. For a peace process to be broughtto a successful conclusion, it will require very high social capital andcredibility, which unfortunately, this government sorely lacks. Govern-ment has to do a lot of “selling”, “cajoling” and “convincing”, especiallyso when the waters which the negotiating parties have navigated in com-ing up with the MOA are deep and little known. For this very reason,government should have walked the extra mile in making sure that thestakeholders are taken on board.

The way government negotiated the MOA makes it appear thatit will NOT deliver on its commitments. Thus I had made the observa-tion in earlier discussions on the MOA that there seems to be “bad faith”on the part of government in the negotiation of the MOA. In an earlierforum, I had raised the issue of government’s real motive in coming upwith this MOA knowing fully well that it could not deliver. Was it simplyto add a feather to its cap (and feather it would remain)? Or was thispart of a bigger plan to use the MOA for something more “sinister” likeperpetuating itself in power beyond 2010 through Charter change?

The Supreme Court’s TRO has, for the first time, given a space andplatform for hot and passionate debates over the GRP-MILF Memo-randum of Agreement on Ancestral Domain.

The many and diverse voices have prompted me to make a short primeron what the MOA actually SAYS and DOES NOT SAY. In doing so, Iam making a summary of the MOA and the discussion posted in theKusog Discussion Group, specifically the postings of Atty. CamiloMontesa.

1. What is the MOA all about?

To begin with, the MOA stands for the Memorandum of Agree-ment on the Ancestral Domain Aspect of the Tripoli Agreement on Peacebetween the Government of the Republic of the Philippines and the MoroIslamic Liberation Front. The 2001 Tripoli Agreement includes amongothers the Security Arrangement and the Development and rehabilita-tion of the Conflict areas.

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2. What are the contents of the now-controversial MOA?

The MOA on Ancestral Domain has four (4) strands: Con-cepts, Territory, Resources and Governance.

2.1 The Strand on Concepts and Principles:

These are the real “big” stones in the MOA. This strand sets theframework as well as the new prism by which the issue and the struggleof the Bangsamoro need to be viewed and interpreted. There are sevenbasic concepts and principles that the Philippine Government “recog-nizes” that become the platform of the continuing peace process with theMoro Islamic Liberation Front. These are the following:

• The GRP recognizes that a Bangsamoro Identity is a birthrightof all Moros and Indigenous Peoples of Mindanao;

• The GRP recognizes the Bangsamoro homeland;

• The GRP recognizes that the ownership of the AncestralDomain is exclusively vested in the Bangsamoro people sincetime immemorial to the present;

• The GRP recognizes that the Ancestral Domain is not part ofthe public domain;

• The GRP recognizes the Bangsamoro as “First Nation” withdefined territory and system of government;

• The GRP recognizes the right of the Bangsamoro to determinetheir future political status by popular consultation; and

• The GRP recognizes the Bangsamoro Juridical Entity or BJEas the authority over Moro ancestral domain and lands.

MOA-AD: Quo vadis?

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3. What are the elements of the Philippine Government’srecognition of the Bangsamoro People as a distinct people?

First is the recognition by the GRP that the Bangsamoro Peopleis a domestic community distinct from the rest of the national communi-ties.

Second is the fine-tuning of the concept of “BangsamoroPeople.” This term refers to those who are natives or original inhabitantsof Mindanao and its adjacent islands including Palawan and the Suluarchipelago at the time of conquest or colonization, and their descen-dants whether mixed or of full native blood. Spouses and their descen-dants are classified as Bangsamoro, including the non-Islamized indig-enous peoples, giving them the right of choice to be part or not of theBJE.

Third is the government recognition of the Bangsamoro Peopleas “First Nation” with defined territory and with a system of governmenthaving entered into treaties of amity and commerce with foreign nations.

4. What are the implications of the Philippine Government’s rec-ognition that the Bangsamoro People have their own distinct ter-ritory?

First is the fact that the GRP recognizes that the territory of theBangsamoro People shall consist of the present geographic area of theARMM, including the municipalities of Baloi, Munai, Nunungan, Pantar,Tagoloan and Tangkal in the province of Lanao del Norte that voted forinclusion in the ARMM during the 2001 plebiscite. Subject to a plebi-scite within 12 months after the signing of the MOA, the GRP shall de-liver an additional 732 geographic areas found in the provinces of SultanKudarat, Lanao del Norte, North Cotabato, Palawan and the entirecities of Cotabato and Isabela and some barangays in the cities of Iliganand Zamboanga.

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Second is the GRP recognition that the ownership of the homeland/territory is vested exclusively in the Bangsamoro People.

Third is the GRP recognition that the Bangsamoro homeland/territory never formed part of the public domain. Thus, the homelandterritory is not within the jurisdiction of the Philippine Government.

Fourth is the GRP recognition that the homeland/territory en-compasses ancestral, communal, and customary lands, maritime, fluvialand alluvial domains as well all natural resources therein that have inuredor vested ancestral rights on the basis of native title.

5. What are the implications of the Philippine Government’s rec-ognition of the Bangsamoro People’s right to their own govern-ment?

First, the MOA states that there shall be established a govern-ment entity – Bangsamoro Juridical Entity (BJE) - which shall have theplenary authority and jurisdiction over the territory.

Second, the MOA defines that the relationship between thePhilippine Government and the BJE shall be associative, characterizedby shared authority and responsibility with a structure of governancebased on executive, legislative, judicial and administrative institutions withdefined powers and functions.

Third, the over-all purpose is to “establish a system of gover-nance suitable and acceptable to them as a distinct dominant people”.

Fourth, the GRP recognizes that the right to self-governance ishistorical. It is rooted on ancestral territoriality exercised originally underthe suzerain authority of their sultanates and the Pat a Pangampong kuRanaw. The Moro Sultanates were states or karajaan/kadatuan resem-bling a body politic endowed with all the elements of nation-state in themodern sense.

MOA-AD: Quo vadis?

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Fifth, the Philippine Government concedes “historical” international rec-ognition of the Bangsamoro People. The Bangsamoro People are rec-ognized as “First Nation” with defined territory and with a system ofgovernment having entered into treaties of amity and commerce withforeign nations.

6. What is this BJE?

The BJE is the system of governance that shall be entrenched in theBangsamoro ancestral domain (land, sea and air) after the signing ofthe Comprehensive Compact and Charter change.

7. Does the Bangsamoro Juridical Entity or BJE require a Char-ter change?

Yes, the BJE requires both a change in the present legal frame-work and a Charter change, for the simple reason that the powers andjurisdiction granted to the BJE are beyond the limits set by the 1987Constitution and the present Autonomy Law or RA 9054. In the “ini-tialed” MOA, the Comprehensive Compact should be negotiated within15 months after the signing of the MOA and immediately thereafter, theGRP commits to deliver the necessary changes both in the Constitutionand the legal framework.

8. What if Charter change does not push through? Does this meanthat the Bangsamoro Juridical Entity is hinged entirely on amend-ing the Constitution?

Yes, the BJE is hinged entirely on a new Constitution that shallallow for it. If Charter change does not happen, there is NO way thatthe BJE can be entrenched and the GRP has failed to deliver its obliga-tions as contained in the Comprehensive Compact.

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9. What then would be the binding power of the MOA betweenthe GRP and the MILF? Is the GRPs giving recognition of juridi-cal entity to the MILF binding? Is it not subject to the interpreta-tion of the Supreme Court as to its Constitutionality? Under whatlaw will the GRP be bound?

The MOA on Ancestral Domain is not the agreement that willgive “recognition of juridical entity”. The BJE will be entrenched by boththe signing of the Comprehensive Peace Compact and the necessarychanges both in the Constitution and the present legal framework. TheMOA only sets the framework and the principles.

10. What is the binding power of the MOA?

The MOA states:

The Parties agree that the mechanisms and modalities forthe actual implementation of this MOA AD shall be spelt out inthe comprehensive compact to mutually take such steps to enableit to occur effectively. Any provisions of the MOA on AncestralDomain requiring amendments to the existing legal frameworkshall come into force upon signing of a comprehensive compactand upon effecting the necessary changes to the legal frameworkwith due regard to non-derogation of prior agreements and withinthe stipulated timeframe to be contained in the comprehensivecompact.

11. Who will write the legal framework for the BJE?

In the Comprehensive Compact, the Bangsamoro People them-selves will write their own Basic Law. In the past, it was the PhilippineCongress that enacted the Organic Act as prescribed by the 1987 Con-stitution. The essence of self-determination is allowing the BangsamoroPeople to write its own Charter or Organic Act.

MOA-AD: Quo vadis?

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12. How can the Bangsamoro People be empowered towrite its own Basic Charter?

The Government needs to change the Constitution to containthe obligations or commitments in the Comprehensive Compact, notthe MOA on AD.

If the mode of implementation of the Comprehensive Compactis Constitutional change, the relevant “public” for the plebiscite is thewhole nation, not just the people of the future Bangsamoro territory. Thewhole nation in a plebiscite will be asked to approve the new Constitu-tion or changes in the Constitution. There is always the possibility ofrejection.There are perceived “Good News” and “Bad News” about the MOA-AD and the BJE. Let me begin with the “good news”.

The MOA – AD and the BJE are very good examples of“thinking outside the box” in confronting the aspiration of theBangsamoro peopleS. The capital “S” is intended to indicate plural-ism within that Bangsamoro identity. The MOA - AD and the BJEshow that they draw theoretical, actual and practical LESSONS fromthe vast worldwide experiences of peace processes, particularly thekind and type that is suitable to the Bangsamoro peopleS.

In a globalized world, our inter-connectedness is already anestablished fact. Isolationist and parochial views have all becomearchaic or “dinosaurs”. We need to learn from our neighbors as wellas from experiences in other continents and regions; after all, wespeak not only of Mindanao Peace or National Peace, but of regional(ASEAN) peace and global (planetary) Peace. The MOA and theBJE carry that new thinking and new paradigm in viewing the reality ofun-peace in Mindanao.

Since, the MOA – AD and the BJE are formula and principlesoutside the box, there are no if’s and but’s that they offer solutions thatare beyond the narrow confines of the present legal framework andConstitution.

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Peace Agreements worldwide lead to changes in the current legal frame-work and Constitution. The changes have to be effected in order for theMOA and its subsequent Comprehensive Compact and the BJE to be-come LEGAL and Constitutional. Since the changes are precisely un-dertaken to “contain” the Peace Agreement, it is a sort of “pouring newwine into a new wine skin.” Attempting to put this new paradigm andnew thinking into the current legal framework and Constitution wouldwaste not only the new paradigm but also the current legal frameworkand Constitution. We shall be forever discussing the legal points and weshall resort to all kinds of casuistry and we shall NOT be able to con-vince anyone.

What are needed are a new legal framework and a new Constitution -plain and simple!

With the MOA and the BJE, we are evolving an innovative peaceprocess in Mindanao that is completely new and with a deeper perspec-tive. In the past, from Marcos’ 1976 Tripoli Agreement to Aquino’sARMM to the Ramos’ 1996 GRP-MNLF Final Peace Agreement, therehad always been the fears to confront the issue of self-determination orthe issue of secession. As an academic and as professor of Peace Stud-ies, I hold SACRED the rights of peoples and nations to self-determina-tion and in cases of national oppression and discrimination, the right ofself-determination includes the right of secession. I differ from rebelsand other revolutionaries in that it is my present belief that with the var-ied ways of asserting this right, I have opted for the way of dialogue andnegotiation.

War and violence bring us nowhere and I believe also thatpeoples no longer settle their differences in battlefields as done in thepast but in the negotiating tables. The justness and the morality of thecause and aspirations, whether of the Bangsamoro or the Palestinians orthe Aborigines/Indigenous Peoples or the US First Nations, shall ulti-mately win them the victory.

MOA-AD: Quo vadis?

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It is a struggle that is JUST and MORAL! And because it is sothat I do not believe in violence! It is in this light that I see the tragedy ofmilitary adventurism - MILF or AFP - as temporary hysteria and insan-ity that I hope and pray would soon pass us by.

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Peace advocates raise concerns overancestral domain draft accord with MILF

Isagani De Castro Jr

Introduction

As in other peace accords, the initialing of the Memorandum ofAgreement (MOA) on Ancestral Domain by the Philippine government(GRP) and the Moro Islamic Liberation Front (MILF) would be theeasy part. The really difficult task would be how to win public supportfor the accord and in actually implementing it.

This became evident during a July 21 panel discussion, “Signingof the MOA for the GRP-MILF Peace Talks: Good News or BadNews?,” organized by the Konrad-Adenauer Stiftung and the Cotabato-based think-tank, Institute for Autonomy and Governance (IAG).

Among the major concerns raised by the participants, mainly well-known peace advocates, on the MOA were:

! Lack of consultation of stakeholders, including Christian lead-ers, indigenous peoples in Mindanao, and peace advocates them-selves;

! That the MOA on ancestral domain effectively grants belliger-ency status to the MILF, which the group may use later to de-clare independence;

! That the accord’s plan to hold a plebiscite to expand the Au-tonomous Region of Muslim Mindanao (ARMM) even beforea final peace agreement is reached with the MILF may not bethe best way to move the peace process forward.

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What is the MOA?

In his summary of the GRP-MILF MOA on ancestral domain,Camilo Miguel Montesa, policy adviser of the Institute for Autonomyand Governance (IAG), said the Philippine government agrees to:

! Recognize the Bangsamoro people as “distinct from the rest ofthe national communities”;

! Grant the Bangsamoro people their own “distinct territory”;! Grant the Bangsamoro pople their own “government”; and,! Concede international recognition to the Bangsamoro people.

Who are the Bangsamoro?

The Bangsamoro people refer to “those who are natives or origi-nal inhabitants of Mindanao and its adjacent islands including Palawanand the Sulu archipelago at the time of conquest or colonization andtheir descendants whether mixed or full native blood.”

Spouses and descendants, including the Lumads, he said, arealso classified as Bangsamoro “unless they choose otherwise.”

“They are the ‘First Nation’ with defined territory and with asystem of government having entered into treaties of amity and com-merce with foreign nations,” Montesa said.

Bangsamoro territory

Under the MOA, the Bangsamoro territory comprises the fol-lowing areas:

! the present Autonomous Region of Muslim Mindanao (ARMM);! the municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan,

and Tangkal in the province of Lanao del Norte, which votedfor inclusion in the ARMM during the 2001 plebiscite;

! additional geographic areas in the provinces of Sultan Kudarat,Lanao del Norte, and North Cotobato, “subject to plebiscite.”

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Montesa said that under the MOA, the Bangsamoro homelanddid “not form part of the public domain.” Thus, it is “not within the juris-diction of the Philippine government.”

The Bangsamoro homeland, he added, “encompasses ancestralcommunal and customary lands, maritime, fluvial and alluvial domains aswell as all natural resources therein that have inured or vested ancestralrights on the basis of native title.”

Bangsamoro government

The Bangsamoro territory will be governed by the BangsamoroJuridical Entity (BJE).

Montesa said the “relationship between the Philippine govern-ment and the BJE shall be associative characterized by shared authorityand responsibility with a structure of governance based on executive,legislative, judicial and administrative institutions with defined powersand functions.”

The BJE’s purpose is to “establish a system of governance suit-able and acceptable to them as a distinct dominant people.”

Montesa said the public still does not know about the MOA.He said peace will not work if people are not informed about the agree-ment and why it should be supported.

Pinol to oppose MOA before SC

The MOA is expected to encounter rough sailing right after itsinitialing.

North Cotabato Vice-Governor Emmanuel Pinol said the Ar-royo government has not been “forthright” in its talks with the MILF on“what is achievable and what is doable.”

He said the MOA will require several other steps, including charterchange and another plebiscite “only to face stumbling blocks along theway.”

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Pinol, also former governor of North Cotabato for nine years,said he expected various leaders and groups to oppose the MOA.

He said he has already asked the Office of the Presidential Ad-viser on the Peace Process (OPAPP) for an official copy of the draftMOA and its annexes so he can question its legality before the SupremeCourt (SC).

Pinol said his complaint will not be entertained by the SC unlesshe gets an official copy of the MOA. If he fails to get an official copy, hewill ask the SC to compel the OPAPP to give him an official copy.

“By Monday [July 28], we should already be in the SupremeCourt,” he said.

No consultation?

Pinol decried the fact that local officials like himself were noteven consulted on what barangays will be included in the plebiscite thatwill determine the new Moro homeland.

He warned the government was courting trouble with the MOA,especially in “warrior towns” of North Cotabato like Pigkawayan.

“When the leaders themselves are not aware of this, then youare courting trouble,” he said.

But Benedicto Bacani, executive director of IAG, stressed thatthe people have the final say on whether to join the new Moro homelandby casting their votes in the plebiscite. “Let them say no,” he said. “Per-haps, it’s a matter of explaining to them also.”

Pinol said the government was “trying to raise false hopes” withthe MOA.

Aside from possible legal obstacles, Pinol said he does not be-lieve President Arroyo will be able to implement the MOA since she willbe a “lameduck president by 2009.” New national and local electionsare scheduled in May 2010.

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“We were not even to pass cha-cha at a time when Gloria wasvery influential, and she had the mayors, governors, congressmen alltoeing her line. How much more in 2009, one year before the end of herterm?” he asked.

Pinol said the GRP negotiating panel has “misjudged the senti-ments of the people of Mindanao.”

“We don’t like this [MOA]. We were never consulted about theplebiscite,” he said.

When told that the OPAPP conducted consultations with vari-ous stakeholders including himself, Pinol said the proposals he made inthese meetings called by former OPAPP chief Jesus Dureza were neveradopted in the MOA.

He said the people of Mindanao want peace and are tired ofwar. In the past several years, when there was relative peace, Pinol saidNorth Cotabato became more progressive.

Instead of trying to reach a political solution with the MILF,Pinol said the government should concentrate on economic projects thatwill eliminate the roots of the conflict in Mindanao.

“We have failed to realize that had there been greater scrutinyon what really ails the area, we would have discovered that it is thepoverty of the people and corruption that prevail in the area,” Pinol said.

Pinol said there was no need to hold another plebiscite in NorthCotabato since 98 percent of those who voted in the 2001 exercisechose not to join the ARMM.

“If they want to fast-track the peace process, this is the wrongway of doing it,” he said.

He said he and the North Cotabato governor have already talkedto local officials and have passed a resolution against the MOA.

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“We want peace but we are not willing to sacrifice a lot of thingsin the name of peace because the peace that you have in mind will createa lot of trouble for us,” Pinol said.

Fr. Eliseo Mercado OMI, head of the peace advocacy group,Kusog Mindanao, lamented that even civil society groups, including theBishops-Ulama Conference, who have been in the forefront of peaceadvocacy in Mindanao, were also not adequately consulted on the MOA.

But he downplayed this problem, saying it shouldn’t be difficultfor influential leaders, such as Catholic bishops, to get a copy of theMOA from the Office of the President.

IPs, other sectors not consulted, either

Ponciano Bennagen, a member of the 1987 Constitutional Com-mission representing indigenous peoples, also lamented that key stake-holders in the peace process in Mindanao were not adequately con-sulted and given access to the MOA on ancestral domain.

Due to this drawback, he proposed that various mechanisms beestablished to discuss the MOA with the stakeholders, including Chris-tian political leaders.

“We haven’t heard from the Lobregats yet,” he said. “We needto address the question of transparency and then the education of thecommunities, the direct stakeholders.”

He said even peace advocates who may be in favor of the MOAwill find it hard to campaign in the plebiscite if they are not adequatelyinformed about the agreement.

Bennagen also questioned why in the MOA, indigenous peoplesare being given the freedom to choose whether to join the BJE “whenthey have already made their choice, and they don’t want to be part ofthe BJE.”

He said there is an “indigenous peoples representative in thetechnical working committee and his voice has not been registered in theentire process.”

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“Where is our voice? They have sent communication to bothpanels but they’re not registered in all of these,” he said

Other sectors complain, too

Estrellita Juliano, vice-president for Mindanao of the PhilippineChamber of Commerce and Industry, said she supports Pinol’s plan toquestion the MOA before the Supreme Court due to lack of consulta-tion and transparency.

Peace advocate Miriam Coronel, a professor of political sci-ence at the University of the Philippines Diliman, advised the panel dis-cussants to come up with “mechanisms that will address the issue oftransparency and lack of information.”

She said the MOA is not clear on the role of other peace stake-holders. “Everything is dependent basically on the goodwill of govern-ment. All the different voices, which may be for or against this agree-ment, there is no mechanism for them.”

Bacani said the government has promised to undertake an ad-vocacy campaign for the MOA on ancestral domain after it is signed. Heacknowledged, though, that this does not address the issue of lack ofparticipation of the stakeholders in the accord.

Sr. Linda Hisug, a peace worker in Mindanao, said the conceptof freedom being pushed by the MILF is not clear to women religiousgroups in the south. She said they were also not consulted on the MOAon ancestral domain.

“Even this issue you’re talking about now, it is something that ishidden to us and we even ask why this is hidden to us. I believe thisquestion will be answered if things are more clear and issues are moredefined,” she said.

Israelito Torreon, president of the Integrated Bar of the Philip-pines-Davao del Sur chapter, said the people of Davao were surprisedabout the agreement on ancestral domain since they were also not con-sulted. He also raised the issue of lack of transparency on the accord.

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“Up to now, officially we don’t have a copy. We, other leadersand stakeholders would feel the same. We are kind of deceived, de-prived of a voice. So it’s an uphill battle. I guess one cardinal principlefor stakeholders to start well, but this one, at the very start, it’s a badstep,” Valles said.

MILF belligerency

Another major point discussed by panelists was that the MOAallegedly grants the MILF the status of belligerency.

If the Arroyo government signs the MOA, Pinol said it would“open a new door” for the MILF and allow it to claim that they “havealready established a state.”

Montesa agreed, saying the MOA already contains the elementsof the state—government, people, territory, and “concedes internationalrecognition.”

Fr. Eliseo Mercado, a former member of the government nego-tiating panel, said the essence of the agreement on ancestral domain isnot on territory but on its concept.

“This is the first time that I’ve seen a document as such. Be-cause there…you have all the elements of a state,” Mercado said. “Thatentitles the Bangsamoro to a self-declaration. Because it’s all there: you’vebeen recognized, you have territory, you have self-determination, yourancestral domain is your birthright, it’s not part of the public domain.”

He praised the MILF negotiators for doing a good job pushingits agenda in the MOA.

Mercado said the MOA is not just a “symbolic recognition” ofthe Moro people and state but “a real recognition.” He said the govern-ment may have agreed to grant this as “restitution of historical injustices”against the Moro people or it could be a “formula for peace and devel-opment.”

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Must show good faith

In order to avoid a situation that would push the MILF to de-clare independence, Mercado said the Arroyo government must be ableto implement the next steps of the accord on the plebiscite that wouldexpand the ARMM.

Otherwise, it would give the MILF the chance to say the gov-ernment “negotiated in bad faith” which will “open the MILF to go for aself-declaration [of independence].”

While President Arroyo may be able to convince Congress tosupport a plebiscite, Mercado said the more difficult part of the nextphase is the need to change the constitution that would legitimize theMoro homeland through a shift to a federal system of government.

Mercado said it may not be feasible to have this shift underArroyo, and he said the MILF may be willing to wait for the next presi-dent instead of going to war to achieve its goals.

Montesa had the same view as Mercado’s. He said: “If GRPfails to convince Congress to go on a campaign for cha-cha, then theMILF has two decisions: either they will let it pass, wait for the nextPresident; or, they will break the talks and do a self-declaration alaKosovo. Why? Because as I’ve shown you, the elements of a state arealready agreed upon in the MOA.”

No to war mongering

Zainudin Malang, Bangsa Moro Center for Law and Policy, ananalyst of the peace process, warned Christian leaders of Mindanaoagainst war mongering .

“By raising the spectre of armed opposition to the MOA, thatalready generates even more fears and apprehensions. We have to lookat things from both perspectives,” he said. “We will keep going back to1960s. We should not engage in war mongering.”

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Looking at the other side of the coin, Malang said the Moropeoples have also said that they were never asked to join the Christianhomeland through a plebiscite.

Pinol denied he was anti-Muslim and had called for armedstruggle. “We could come up with a better deal,” he said. “I’m not look-ing for war. I’m not looking for trouble.”

He said the elements of the MOA on ancestral domain “wouldcreate more problems than solutions.”

One way to address the roots of the conflict, Pinol said, is todefine which of the Moro lands were acquired through forced dispos-session. “We should come up with a mechanism there,” he said. Oncethese forcibly-acquired lands are defined, these should be “rightfully re-turned to the Moros.”

Federalists’ concerns

Reynaldo Deang, secretary-general of the Citizens Movementfor a Federal Philippines, expressed concern that the MOA de-fined the Moro territory along the concept of race.

Based on studies in Eastern Europe, he said federalism can be a“solution for multi-racial questions but only if you do not equate culturewith politics.”

“Where race boundaries coincide with territorial boundaries,there is inherent instability in the federations. It exacerbates rather thansolves the problems,” Deang said.

“The federalist movement is apprehensive of the definition of theterritory coinciding with the concept of homeland and race. This is oneof the things we in the federalist movement would like to avoid,” he said.

Deang said the MOA on ancestral domain, based on classicalinternational law, would grant belligerency status to the MILF. He saidthe government may be risking a war if it signs the MOA.

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“No government, in the name of peace, can inaugurate a war inthis kind of situation. I’m really very worried. I hope it doesn’t happen,”he said.

He said the peace process in Mindanao should not exacerbatedivisions in the country.

Opportunity to help peace process

Soliman Santos, a peace advocate and an expert on peace talkswith Moro separatists, stressed the need for a national discussion thatwould help clarify and educate the people on the peace process, includ-ing the ancestral domain agreement.

He said the signing of the MOA on ancestral domain representsan opportunity to finally settle the armed conflict with Moro rebels insouthern Philippines.

“We’ve had this Bangsamoro problem with us for so long, andmaybe this is the opportune moment,” Santos said. “This could be somekind of a watershed for taking stock of things.”

He suggested that the period between the signing of the MOAon ancestral domain and the final comprehensive peace agreement withthe MILF is the “critical period” for a national discussion on the peaceprocess.

Santos supported oronel’s proposal for a mechanism that wouldinclude discussions on issues such as lack of consultation and transpar-ency.

He said the national discussion can also help define the finalpeace agreement. “Let even the final content of that comprehensive com-pact benefit from such kind of a discussion.”

“In questions of process, questions of substance—is this grant-ing belligerency status to MILF, is this a prelude to a Kosovo-type so-lution, let’s

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clear the air on this and try to focus energy and concerns in getting clearabout what are problems, what are solutions, how we should go aboutthis as much as possible without a return to arms, or a return to war,even on the MILF side,” Santos said.

He suggested that the issues discussed in the panel discussionbe sent to both negotiating panels to help them in the peace process.

Lessons from MNLF accord

Pinol acknowledged that there was an “early process of consul-tations” conducted by then Presidential Adviser on the Peace ProcessJesus Dureza.

In those consultations, he suggested that the government learnfrom its 1996 peace agreement with the Moro National Liberation Front(MNLF). One of the proposals he made was for “total disarmament” inthe peace agreement with the MILF. There was no disarmament in theMNLF peace accord.

“We don’t mind if they double their territory for as long as theydon’t have arms, and then we can live side-by-side as brothers andsisters,” he said.

In addition to disarmament, Pinol proposed in those early con-sultations that instead of focusing the talks on the political apparatus thatwill govern the Moro peoples, the concentration should be on economicdevelopment and poverty alleviation.

He alleged that the current ARMM has not been able to ad-dress poverty among the Muslims because of bureaucratic corruption.

MILF links with terror groups

Pinol also warned that giving the BJE 75 percent share of theincome from exploitation of resources in the Moro homeland is a bigrisk to peace in the area. He said this would give the bad elements in theMILF the funds to buy more arms.

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“Nobody can deny that the MILF, for some time, was con-nected with the JI [Jeemah Islamiyah] and the Al-Qaida. What are ourfears?” he asked. “With the vast resources that they will get from theirshare of natural resources, i.e., oil, gas, whatever, they could buy arms.What’s going to happen to us?”

But Malang allayed “fears” that the creation of an expandedMoro homeland will lead to oppression of the Christians by Muslims.He said the Moros will not be “treating Christians as unjustly as theChristians have treated the Moros.”

He also defended the ARMM from Pinol’s criticism that it hasfailed in governance. Malang said ARMM’s autonomy is just on paperand that it still relies heavily on the national government for resources.

Malang said “fears” of both sides should not be used to blockthe peace process but should be an opportunity to “seek clarification.”

“Let’s not use it as basis to oppose any signing. Nothing hasbeen signed yet. If we don’t see anything good in it, then let the peopledecide. Because a plebiscite, after all, is an expression of sovereignty,which can only be exercised by individual members or society and thepolity, not by their elected leaders or their representatives,” he said.

Can Arroyo deliver?

Mercado said President Arroyo’s call last Tuesday for a post-ponement of the ARMM elections on August 11 is a sign that the gov-ernment is serious about implementing the MOA. This is because theleaders of the two factions of the Moros—the MILF and the MNLF—had asked that the ARMM polls be postponed to help move the peaceprocess forward.

On whether President Arroyo can really deliver on what thegovernment has promised the MILF, Mercado said “the president willdeliver what is deliverable on the part of the president.”

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However, he said the president will not guarantee the deliver-able that needs an act of Congress, such as a law calling for a plebisciteand the eventual shift to a federal form of government. “That depends onCongress. Congress should do the best effort.”

Mercado said he believed that the Arroyo government was ne-gotiating with the MILF in bad faith since it doesn’t appear that it will beable to deliver on its promises.

He said the Arroyo government is now so unpopular and inca-pable of fulfilling its commitments in the MOA.

“The government has no social capital, it is unpopular. So thatmeans, if they sign now, I’m asking government, are they signing thisMOA for a feather in their hat but they will not deliver? If there is nointention to deliver, then the government has negotiated in bad faith, andthe MILF will be on high moral high ground, then they will declare aKosovo type-independence,” Mercado said.

He said it is not the MILF that will go to war but the govern-ment. “But that will happen only if the government will not deliver and ifgovernment really negotiated in bad faith. From the looks of it now, ifyou will ask me, government is negotiating in bad faith, not because I’mnow in the opposition but it looks like it,” Mercado said.

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SOLVING THE MINDANAO PROBLEM FROM THE PERSPECTIVE OF THE YOUTH IN MINDANAO

Introduction

In recognition of the important role of the youth in developmentand peace building, the Institute for Autonomy and Governance (IAG),with the support of the Konrad Adenauer – Stiftung (KAS), conductedin Davao City on September 18, 2008, a forum-workshop participatedin by some 30 youth leaders from different parts of Mindanao. Thewhole-day activity aimed at enabling the participants to reflect on andarrive at some answers to the important question “How can we have aradical transformation that will usher in genuine peace in Mindanao?”

To achieve the end of the forum, three workshops were con-ducted. Workshop 1 focused on the question “What is the problem?”;Workshop 2 on “What is the solution?”; and Workshop 3 tackled “Whatcan we do”? / The Way Forward.

The Problem

Before Workshop 1, the facilitator, Atty. Camilo Montesa, presented tothe participants the “Elephant Process”. He narrated to them the storyof six blind men who were brought to the zoo and were made to describethe elephant. One who touched the tail described the elephant to be along rope; the second who touched the side of the animal said it was awall; the third who happened to lean against one of its massive legs saidit was a tree; the fourth blind man, holding his hands up and touching oneear, said it was a huge fan; the fifth man who touched the elephant’strunk said it was a snake; and finally, the sixth blind man, having touchedone of its long tusks, was pretty convinced that it was a long sword.

The facilitator reminded the group that the aim of the first work-shop was for them to describe the “elephant” which is the Mindanao/Bangsamoro Problem. Each person would have to describe root cause/causes of the Mindanao Problem according to his/her perception.

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At the end of Workshop 1, the following root causes were identified bythe participants: (a) Historical injustice; (b) Lack of trust among thepeoples of Mindanao; (c) Cultural and religious intolerance; (d) Dis-possession of land; and (e) Corruption and insincerity of government.

To help the participants understand better the roots of theMindanao conflict. Fr. Mercado, OMI, gave a short input on the topic“Mindanao History and Conflicts”. Fr. Mercado stressed that there isno such thing as objectivism in history, and that there is a need to lookfor new perspectives considering that our history is relatively young (150years old, more or less) compared with that of other countries.

“Acceptance and rejections, and fine-tuning and arriving at con-sensus are part of it,” Fr. Mercado said. He exhorted the group to lookinto the issues the people had to grapple with, and the persons con-nected with the issues. All of these, he said, are tentative, and so far, noinstitution, or person can claim infallibility.

Fr. Mercado’s paper includes a discussion of the following topics:

· Peoples of Mindanao: IPs, Bangsamoro, Settlers. There has tobe a clear understanding that there is plurality among peoples ofMindanao.

· Myths and Realities: There is a need for us to be familiar withearly historians like Majul, and others. Today many still cling tomyths (e.g., the story of Tabunaway and Mamalu) which can bepowerful. Conflicts are caused by myths because they carry pow-erful messages. There is a need therefore, to “demythologize” his-tory.

· Dreams and Aspirations: There is a need to recognize that allpeoples have these. How are they addressed? Who are the oneswho write and articulate these dreams? These need to be attendedto and grappled with in order for conflicts to end.

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He also talked about what he referred to as Nodal Points in thehistory of Mindanao: its peoples, the consolidation of IslamizedMindanao, the conquest by Spain, the American War of Pacification,the Commonwealth and the Republic, the Kamlon Uprising, the MindanaoIndependence Movement (MIM), and the Contemporary MoroStruggles.

Fr. Mercado attributes the Bangsamoro Problem to the eco-nomic marginalization of the Bangsamoro; the Liberation Movements –Moro National Liberation Front (MNLF) and the Moro Islamic Lib-eration Front (MILF), and the shrinking of the territory of theBangsamoro.

In grappling with the issues, Fr. Mercado believes that theseimportant roadmaps have to be considered:

• Ancestral domain of IPs and Bangsamoro• Good governance• Equitable distribution of wealth and development• Private property• Land reform• Shari’a law• “Peace Process” toward a principled negotiated peace

settlement

Fr. Mercado concluded his talk by saying, among others, thatmilitary strength and strategies cannot resolve the Mindanao conflict,and that development assistance must be people and community cen-tered.

The Perceived Solutions

In Workshop 2, the participants were asked to offer solutions to theproblems or root causes of the Bangsamoro Problem they identified inWorkshop 1. Among the perceived solutions they gave were:

• Sign the MOA-AD

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• Strengthen peace talks• Undertake values formation• Conduct massive information campaigns• Open communication lines/dialogue• Institute reforms• Strengthen entrepreneurship• Allocate budget properly• Take immediate action against corrupt officials• Stop oppression• Respect the right of self-determination of IPs• Implement the agreements between the GRP and the

MILF• Institute Charter Change• Bestow absolute autonomy to the Bangsamoro through

an approach that embraces the principles of peace, unity,and brotherhood

• Respect the right of every individual

Since one of the solutions mentioned by many of the partici-pants was for the Memorandum of Agreement on Ancestral Domain(MO-AD) to be signed by both the GRP and the MILF, Atty. CamiloMontesa, the IAG Executive Director, gave a short input on the MOA-AD itself. It appeared that even among the participants, many salientelements of the document seemed not to be clear, hence the need forfurther clarifications.

Atty. Montesa started his talk by asking: How does the governmentdeal with an assertion of 17,000 plus armed regulars who do not like tobe called Filipinos?

Montesa believes that it is important to look for a solution, andthen find a wayto do it. “Solving the problem (bringing justice),” he said, “would re-quire rule change as the rules themselves legitimize and perpetuate theinjustice.” He added that the present social structures—political, eco-nomic, and cultural situation including the Constitution itself are not ‘giv-ens’. They ought to be changed if needed, since the Constitution ismeant to serve humans and not the other way round.

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The traditional manner by which the government has respondedto the problem—integration, pacification, repopulation, cooptation, all-out-war, and formal autonomy have failed to solve the problem. This isbecause these have not really addressed the root cause which is injus-tice. The Bangsamoro, according to Montesa, have suffered from his-torical injustice (denial of identity/history and unjust dispossession ofancestral domains/lands) and present day injustice (massive poverty andpolitical marginalization).

Among the solutions offered by Montesa are first, their distinctidentity and history must be acknowledged; second, there must be repa-ration and restitution for those that have been unjustly taken from them;third, there must be post-conflict rehabilitation and reconstruction; andfinally, they must be granted genuine autonomy, one that is beyond whatis provided for by the present Constitution.

“All of the above solutions are in the Memorandum of Agree-ment on Ancestral Domain (MOA-AD),” Montesa said.

In the Open Forum, the following questions raised by the partici-pants were succinctly answered by Atty. Montesa.

Q: Is the MOA-AD constitutional?A: It can be argued, but the Constitution can be changed for us to solvethe problem.

Q: What are the consequences to the international community?A: There is no consequence as it is an internal matter. Only we candecide to change the Constitution.

Q: Are we as Mindanaoans ready for self-governance?A: Yes, we are. We have been running Mindanao all these years.

Q: Considering that the clamor is secession, will the MOA-AD be apreparatory stage?A: May be.

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Q: Why not consider independence?A: Our Constitution will not allow it. But it is an option. We shouldhave talked about this long ago. But this is something we shall be talkingabout for many years to come, perhaps in the next 15 years. There havebeen so much distrust, bigotry, hurts, and pins among us (Muslims, Chris-tians, and Lumad).

Q: What is the type of autonomy the government envisions? So far theautonomy we experience is far from what we want it to be.A: Yes, that’s why we need Charter change. The Peace Talks aim atproviding a solution. If it does not happen then the Constitution has tobe expended.

Q: Can war erupt if talks break down?A: It is in the realm of possibility. But can you not give space accordingto the tenets of your faith? The principles of the Universal Declaration ofHuman Rights have to be respected too.

Q: Isn’t it the job of government to disband the oligarchs in NorthCotabato?A: It is, in fact, it has to be done in all areas, including the Muslimcommunities.

Q: Is oppression real?A: There are documents to show that. An example is the Human De-velopment Report.

Q: What will happen after this?A: We want to create a critical mass that understands the problem.Biases start with ignorance, so perhaps we can begin with educatingourselves.

Question: How come the civil society groups did not play a role in thecrafting of the MOA-AD? Perhaps in the future one component will beCSOs, to ensure transparency.A: Neither of the two panels (GRP and MILF) want CSOs to be there.The solution is for CSOs to strengthen themselves in order for them tobe heard, not necessarily through armed struggle.

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Q: Assuming that the MOA-AD is signed and a plebiscite is held, butthe people object to it, will the MILF be humble enough to accept theresult?A: They will lose moral ascendancy if they force themselves into anyterritory they are not wanted. Actually the MILF are on the losing sideof the bargain, being given only 12 months. But don’t feel depressed;that’s how it goes, you get depressed first before you arrive at a solu-tion.

What We Can Do Now

In Workshop 3, the participants were asked to complete eachof three sentence partials:

If I were a leader, I would ________________________. If I were an MILF, I would _______________________. If I were government, I would _____________________.

Among the answers given were:

If I were a leader, I would

• just continue to work on improving my community.• help conduct peace consultations/support peace con-

sultations/educate my fellows about genuine peace.• enlighten the minds of people about the MOA-AD by

providing the people correct information about it.• continue peace education and peace building in schools

and communities to create a peace and justice move-ment (read more, educate oneself then share throughfora, symposia, etc.) .

If I were MILF, I would

• lay down my arms, but wait until the results of genuinepeace are achieved.

• honor the ceasefire, continue the negotiation with thegovernment,

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• understand the agreement.• be rational, spare the civilians.• allocate time for information campaigns.• be happy, contented, and make wise use of what is given

me/ms

• surrender Commanders Kato and Bravo.

If I were government, I would

• be transparent; inform the people about the MOA-ADand let them decide.

• provide means to inform the public for them to under-stand well.

• withdraw the troops and go on with the Peace Talks.• sign the MOA-AD (7 participants mentioned this).• go for federalism.• support Charter change.• find the real solution to cure the problem.

The processing of Workshop 3 outputs was facilitated by Atty.Montesa.

He said that the MOA-AD really brought out a lot of divergentideas among the people, Muslims and non –Muslims alike. A possiblestrategy is for those who are opposed to it to have an open mind. Thereis a need to allay the fears of the people, particularly the Christians, onwhat the implications of the MOA-AD would be on their lives. Andnow that things seem a state of suspended animation, Montesa exhortedevery body to “cool down”. He then thanked the group for their partici-pation and expressed his hope that the IAG would hear from them in thefuture.

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Memorandum of Agreement on the Ancestral Do-main Aspect of the GRP-MILF Tripoli Agreementon Peace of 2001

Introdution

The Government of the Republic of the Philippines (GRP) andthe Moro Islamic Liberation Front (MILF) herein referred to as the“Parties” to this Agreement,

TERMS OF REFERENCE

The Agreement for General Cessation of Hostilities dated July18, 1997 Between the GRP and the MILF, and its Implementing Ad-ministrative and Operational Guidelines;

The General Framework of Agreement of Intent Between theGRP and the MILF dated August 27, 1998;

The Agreement on the General Framework for the Resumptionof Peace Talks Between the GRP and the MILF dated March 24, 2001;The Tripoli Agreement on Peace Between the GRP and the MILF datedJune 22, 2001;

The Tripoli Agreement Between the GRP and the Moro Na-tional Liberation Front (MNLF) dated December 23, 1976 and theFinal Agreement on the Implementation of the 1976 Tripoli AgreementBetween the GRP and the MNLF dated September 2, 1996;

Republic Act No. 6734, as amended by R.A. 9054, otherwiseknown as “An Act to Strengthen and Expand the Autonomous Region inMuslim Mindanao (ARMM)”;

ILO Convention No. 169, in correlation to the UN Declarationon the Rights of the Indigenous Peoples, and Republic Act No. 8371otherwise known as the Indigenous Peoples Rights Act of 1997,

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the UN Charter, the UN Universal Declaration on Human Rights,International Humanitarian Law (IHL), and internationally recognizedhuman rights instruments; and

Compact rights entrenchment emanating from the regime of dar-ul-mua’hada (or territory under compact) and dar-ul-sulh (or territoryunder peace agreement) that partakes the nature of a treaty device. Forthe purpose of this Agreement, a “treaty” is defined as any solemn agree-ment in writing that sets out understandings, obligations, and benefits forboth parties which provides for a framework that elaborates the prin-ciples declared in the Agreement.

HAVE AGREED AND ACKNOWLEDGED AS FOLLOWS:

CONCEPTS AND PRINCIPLES

1. It is the birthright of all Moros and all Indigenous peoples ofMindanao to identify themselves and be accepted as “Bangsamoros”.The Bangsamoro people refers to those who are natives or originalinhabitants of Mindanao and its adjacent islands including Palawanand the Sulu archipelago at the time of conquest or colonization andtheir descendants whether mixed or of full native blood. Spousesand their descendants are classified as Bangsamoro. The freedomof choice of the Indigenous people shall be respected.

2. It is essential to lay the foundation of the Bangsamoro homelandin order to address the Bangsamoro people’s humanitarian andeconomic needs as well as their political aspirations. Such territorialjurisdictions and geographic areas being the natural wealth andpatrimony represent the social, cultural and political identity and prideof all the Bangsamoro people. Ownership of the homeland is vestedexclusively in them by virtue of their prior rights of occupation thathad inhered in them as sizeable bodies of people, delimited by theirancestors since time immemorial, and being the first politicallyorganized dominant occupants.

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3. Both Parties acknowledge that ancestral domain does not formpart of the public domain but encompasses ancestral, communal,and customary lands, maritime, fluvial and alluvial domains as wellas all natural resources therein that have inured or vested ancestralrights on the basis of native title. Ancestral domain and ancestralland refer to those held under claim of ownership, occupied orpossessed, by themselves or through the ancestors of theBangsamoro people, communally or individually since timeimmemorial continuously to the present, except when prevented bywar, civil disturbance, force majeure, or other forms of possibleusurpation or displacement by force, deceit, stealth, or as aconsequence of government project or any other voluntary dealingsentered into by the government and private individuals, corporateentities or institutions.

4. Both Parties acknowledge that the right to self-governance ofthe Bangsamoro people is rooted on ancestral territoriality exercisedoriginally under the suzerain authority of their sultanates and the Pata Pangampong ku Ranaw. The Moro sultanates were states orkarajaan/kadatuan resembling a body politic endowed with all theelements of nation-state in the modern sense. As a domesticcommunity distinct from the rest of the national communities, theyhave a definite historic homeland. They are the “First Nation” withdefined territory and with a system of government having enteredinto treaties of amity and commerce with foreign nations. The Partiesconcede that the ultimate objective of entrenching the Bangsamorohomeland as a territorial space is to secure their identity and posterity,to protect their property rights and resources as well as to establisha system of governance suitable and acceptable to them as a distinctdominant people.

5. Both Parties affirm their commitment to mutually respect the rightto one’s identity and the parity of esteem of everyone in the politicalcommunity. The protection of civil rights and religious liberties ofindividuals underlie the basis of peace and justice of their totality ofrelationships.

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6. Both Parties agree that the Bangsamoro Juridical Entity (BJE)shall have the authority and jurisdiction over the Ancestral Domainand Ancestral lands, including both alienable and non-alienable landsencompassed within their homeland and ancestral territory, as wellas the delineation of ancestral domain/lands of the Bangsamoropeople located therein.

7. Vested property rights upon the entrenchment of the BJE shallbe recognized and respected subject to paragraph 9 of the strandon Resources.

TERRITORY

1. The Bangsamoro homeland and historic territory refer to theland mass as well as the maritime, terrestrial, fluvial and alluvial do-mains, and the aerial domain, the atmospheric space above it, em-bracing the Mindanao-Sulu-Palawan geographic region. However,delimitations are contained in the agreed Schedules (Categories).

2. Toward this end, the Parties enter into the following stipulations:

a. The GRP and MILF as the Parties to this Agreement committhemselves to the full and mutual implementation of this frame-work agreement on territory with the aim of resolving outstand-ing issues that emanate from the consensus points on AncestralDomain.

b. The Parties confirm their understanding that the mutual goal ofreaching an agreement on Bangsamoro territory specific tomapping the outlying borders and the boundaries affecting localgovernment units will lead to consolidation of the agreed textson the Ancestral Domain Strands.

c. The Parties affirm that the core of the BJE shall constitute thepresent geographic area of the ARMM, including the munici-palities of Baloi, Munai, Nunungan, Pantar, Tagoloan, and Tangkalin the province of Lanao del Norte that voted for inclusion in theARMM during the 2001 plebiscite.

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d. Without derogating from the requirements of prior agreements,the Government stipulates to conduct and deliver, using allpossible legal measures, within twelve (12) months followingthe signing of the MOA-AD, a plebiscite covering the areas asenumerated in the list and depicted in the map as Category Aattached herein (the “Annex”). The Annex constitutes an integralpart of this framework agreement. Toward this end, the Partiesshall endeavor to complete the negotiations and resolve alloutstanding issues on the Comprehensive Compact within fifteen(15) months from the signing of the MOA-AD.

e. The areas covered by Category B are reflected on a map andlist attached herein as agreed to by the Parties. Category B (the“Special Intervention Areas”) refers to conflict affected areasoutside the BJE which shall be the subject of special socio-economic and cultural affirmative action implemented by theCentral Government pending the conduct of a plebiscite not earlierthan twenty-five (25) years from the signing of theComprehensive Compact to determine the question of theiraccession to the BJE. The areas reflected are subject to furthernegotiations by the Parties. The Annex constitutes an integralpart of this framework agreement.

f. Internal Waters:The BJE shall have jurisdiction over the management, conser-vation, development, protection, utilization and disposition of allnatural resources, living and non-living, within its internal watersextending fifteen (15) kilometers from the coastline of the BJEarea.

g. Territorial Waters: (1) The territorial waters of the BJE shall stretch beyond the BJE

internal waters up to the Republic of the Philippines (RP) baselinessouth east and south west of mainland Mindanao. Beyond thefifteen (15) kilometers internal waters, the Central Governmentand the BJE shall exercise joint jurisdiction, authority and

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management over areas and all natural resources, living and non-living contained therein. The details of such managementof the Territorial Waters shall be provided in an agree-ment to be entered into by the Parties.

(2) The boundaries of the territorial waters shall stretch be-yond the 15-km. BJE internal waters up to the CentralGovernment’s baselines under existing laws. In the south-ern and eastern part of the BJE, it shall be demarcated bya line drawn from the Maguling Point, Palimbang, Prov-ince of Sultan Kudarat up to the straight baselines of thePhilippines. On the northwestern part, it shall be demar-cated by a line drawn from Little Sta. Cruz Island,Zamboanga City, up to Naris Point, Bataraza, Palawan.On the western part of Palawan, it shall be demarcatedby a line drawn from the boundary of Bataraza and Rizalup to the straight baselines of the Philippines.

The final demarcation shall be determined by a joint tech-nical body composed of duly-designated representativesof both Parties, in coordination with the appropriate Cen-tral Government agency in accordance with the aboveguidelines.

h. Sharing of Minerals on Territorial Waters:Consistent with paragraphs 5 and 6 of the provisions on Re-sources, all potential sources of energy, petroleum in situ, hy-drocarbon, natural gas and other minerals, including deposits orfields found within the territorial waters, shall be shared betweenthe Central Government and the BJE in favor of the latter throughproduction sharing agreement or economic cooperation agree-ment.

i. Activities Allowed on Territorial Waters: (1) The Parties shall have authority to carry out the follow-

ing activities within the territorial waters:

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(a) Exploration and utilization of the natural resources,whether living or non-living, within the territorialwaters;

(b) Establishment and use of artificial islands, installa-tions and structures;

(c) Marine scientific research;(d) Protection and the preservation of the marine envi-

ronment;(e) Conservation of living resources;(f) Regulation of shipping and fishing activities;(g) Enforcement of police and safety measures, includ-

ing interdiction of the entry and use of the waters bycriminal elements and hot pursuit of suspected crimi-nal elements;

(h) Regulation and control of contraband and illegal en-try of prohibited materials and substances, includ-ing smuggling; and

(i) Such other measures as the Parties may otherwisemutually agree.

(2) Activities relating to exploration and utilization of non-liv-ing resources, as well as paragraphs (c) and (d) of theAuthorized Activities will be carried out on a joint basisagreed by the Parties which may be in the form of pro-duction sharing agreements or joint development pacts.

j. Establishment of a Joint Commission: (1) The Parties shall establish a Joint Commission, which

shall elaborate the modalities for the implementation andthe carrying out of the Authorized Activities and themeasures adopted in cases of allegation of breach, andcarry out any other functions which may be assigned toit by the Parties for the purpose of implementing thejoint management of resources.

(2) The Joint Commission shall consist of one representa-tive from each Party, who are assisted by advisers as

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may be needed. The conclusions of the Joint Commission shallbe adopted by consensus and shall only be recommendatory innature. Only when the conclusions of the Joint Commission areadopted by the Parties do they become binding on the Parties.

k. Demarcation and Status of Territorial Waters:The demarcation and status of the BJE territorial waters shall befinally determined together with the demarcation and final statusof Category B territory of the BJE.

3. From and after entrenchment of compact rights over theBangsamoro homeland and the territorial jurisdictions for associa-tive governance shall likewise embrace those under proclamationfor agricultural and human settlements intended for the Bangsamoropeople, all alienable and disposable lands, pasture lands, timber-lands together with all existing civil and military reservations, parks,old growth or natural forests declared as forest reserves, water-sheds, mangroves, fishponds, wetlands, marshes, inland bodies ofwater; and all bays, straits and channels found within the BJE.

4. All territorial and geographic areas in Mindanao and its adjacentislands including Palawan, and the Sulu archipelago that have beendeclared recognized, and/or delineated as ancestral domain andancestral land of the Bangsamoro people as their geographic areas,inclusive of settlements and reservations, may be formed orconstituted into political subdivisions of the Bangsamoro territorialjurisdictions subject to the principles of equality of peoples and mutualrespect and to the protection of civil, political, economic, and culturalrights in their respective jurisdictions.

5. For purposes of territorial delimitation, the Parties have agreedto the joint determination of geographic areas encompassed withinthe territorial borders of the Bangsamoro homeland and territorybased on the technical maps and data submitted by both sides asprovided above.

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RESOURCES

1. The BJE is empowered with authority and responsibility for theland use, development, conservation and disposition of the naturalresources within the homeland. Upon entrenchment of the BJE, theland tenure and use of such resources and wealth must reinforcetheir economic self-sufficiency. Among the purposes or measures tomake progress more rapid are:

a. Entry into joint development, utilization, and exploitation of natu-ral resources designed as commons or shared resources, whichis tied up to the full setting of appropriate institution, particularlyaffecting strategic minerals;

b. Stimulation of local economy by a range of mechanism, in par-ticular the need to address unemployment and improvement ofliving conditions for the population in the BJE;

c. Intensification of measures needed to uproot the cause of povertyin the BJE through responsible harnessing and development ofits natural resources; and

d. Undertaking program review of public services, industrial ortrade-related and agrarian-related issues in situations of differ-ent sectors of the society in the BJE, which acquire communalcharacter deriving from the special nature of their industry.

2. The Bangsamoro People through their appropriate juridical en-tity shall, among others, exercise power or authority over the naturalresources within its territorial jurisdiction:

a. To explore, exploit, use or utilize and develop their ancestraldomain and ancestral lands within their territorial jurisdiction,inclusive of their right of occupation, possession, conservation,and exploitation of all natural resources found therein;

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b. To conserve and protect the human and natural environment fortheir sustainable and beneficial enjoyment and their posterity;

c. To utilize, develop, and exploit its natural resources found intheir ancestral domain or enter into a joint development, utiliza-tion, and exploitation of natural resources, specifically on strate-gic minerals, designed as commons or shared resources, whichis tied up to the final setting of appropriate institution;

d. To revoke or grant forest concessions, timber license, contractsor agreements in the utilization and exploitation of natural re-sources designated as commons or shared resources, mecha-nisms for economic cooperation with respect to strategic miner-als, falling within the territorial jurisdiction of the BJE;

e. To enact agrarian laws and programs suitable to the special cir-cumstances of the Bangsamoro people prevailing in their ances-tral lands within the established territorial boundaries of theBangsamoro homeland and ancestral territory within the com-petence of the BJE; and

f. To use such natural resources and wealth to reinforce their eco-nomic self-sufficiency.

3. The BJE, and the Central Government agree on wealth-sharingbased on a mutually agreed percentage ratio in favor of the BJEthrough an economic cooperation agreement or arrangement overthe income and revenues that are derived from the exploration,exploitation, use and development of any resources for the benefitof the Bangsamoro people.

4. The BJE is free to enter into any economic cooperation andtrade relations with foreign countries: provided, however, that suchrelationships and understandings do not include aggression againstthe Government of the Republic of the Philippines; provided, furtherthat it shall remain the duty and obligation of the Central Governmentto take charge of external defense. Without prejudice to the right of

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the Bangsamoro juridical entity to enter into agreement and en-vironmental cooperation with any friendly country affecting itsjurisdiction, it shall include:

a. The option to establish and open Bangsamoro trade missions inforeign countries with which it has economic cooperationagreements; and

b. The elements bearing in mind the mutual benefits derived fromPhilippine archipelagic status and security.

And, in furtherance thereto, the Central Government shall take neces-sary steps to ensure the BJE’s participation in international meetings andevents, e.g. ASEAN meetings and other specialized agencies of theUnited Nations. This shall entitle the BJE’s participation in Philippineofficial missions and delegations that are engaged in the negotiation ofborder agreements or protocols for environmental protection, equitablesharing of incomes and revenues, in the areas of sea, seabed and inlandseas or bodies of water adjacent to or between islands forming part ofthe ancestral domain, in addition to those of fishing rights.

5. Jurisdiction and control over, and the right of exploring for,exploiting, producing and obtaining all potential sources of energy,petroleum, in situ, fossil fuel, mineral oil and natural gas, whetheronshore or offshore, is vested in the BJE as the party having controlwithin its territorial jurisdiction, provided that in times of nationalemergency, when public interest so requires, the Central Governmentmay, during the emergency, for a fixed period and under reasonableterms as may be agreed by both Parties, temporarily assume ordirect the operations of such strategic resources.

6. The BJE take or profit split from total production shall be sharedwith the Central Government on a percentage ratio of 75:25 in favorof the BJE. All royalties, bonuses, taxes, charges, custom duties orimposts on natural resources and mineral resources shall be sharedby the Parties on a percentage ratio of 75:25 in favor of the BJE.

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7. The legitimate grievances of the Bangsamoro people arising fromany unjust dispossession of their territorial and proprietary rights,customary land tenures, or their marginalization shall beacknowledged. Whenever restoration is no longer possible, the GRPshall take effective measures or adequate reparation collectivelybeneficial to the Bangsamoro people, in such quality, quantity andstatus to be determined mutually by both Parties.

8. All proclamations, issuances, policies, rules and guidelines de-claring old growth or natural forests and all watersheds within theBJE as forest reserves shall continue to remain in force until other-wise modified, revised or superseded by subsequent policies, rulesand regulations issued by the competent authority under the BJE.

9. Forest concessions, timber licenses, contracts or agreements,mining concessions, Mineral Production and Sharing Agreements(MPSA), Industrial Forest Management Agreements (IFMA), andother land tenure instruments of any kind or nature whatsoevergranted by the Philippine Government including those issued by thepresent ARMM shall continue to operate from the date of formalentrenchment of the BJE unless otherwise expired, reviewed, modi-fied and/or cancelled by the latter.

10. The Parties recognize an immediate need to establish a five-member BJE economic-expert mission (the “Mission”) bearing inmind that the functioning of the economy and the operation of insti-tutions involve financial and other resource management as well asparallel or complementary means, by which the Bangsamoro De-velopment Agency (BDA) will manage and administer resourcesacquired for the above purposes, especially in coordinating strate-gies and programs for cooperation in all fields.

11. The Mission acts as a link in the conduct of BJE’s associativeparallel relationships and shall cooperate fully with all organizationsinvolved in implementation of the peace settlement. It shall launch aplan and joint international appeal for the reparation and developmentof the conflict affected areas in Mindanao. Persons appointed thereto

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must be familiar with the specific economic, political and legalcharacteristics in the Mindanao-Sulu-Palawan region and mustpossess recognized competence, integrity, and high moral stand-ing.

12. Cognizant that the Mission will benefit from international expertise,both the Central Government and the BJE hereby join the ThirdParty facilitator in inviting international funding institutions or equivalententities for reconstruction and development to appoint two membersand to designate one as the Chairman. The BJE shall designate onemember as Co-Chairman. The remaining two members shall eachbe designated by the Central Government and the BJE.

GOVERNANCE

1. The recognition and peaceful resolution of the conflict must in-volve consultations with the Bangsamoro people free of any imposi-tion in order to provide chances of success and open new formulasthat permanently respond to the aspirations of the Bangsamoropeople.

2. The ultimate objective of entrenching the Bangsamoro home-land as a territorial space is to secure their identity and posterity, toprotect their property rights and resources as well as to establish asystem of governance suitable and acceptable to them as a distinctdominant people. The Parties respect the freedom of choice of theindigenous peoples.

3. The Parties agree to invite a multinational third - party to observeand monitor the actual implementation of the comprehensive compactwhich will embody the details for the effective enforcement of thisAgreement. The participation of the third – party shall not in anyway affect the status of the relationship between the CentralGovernment and the BJE.

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4. The relationship between the Central Government and the BJEshall be associative characterized by shared authority andresponsibility with a structure of governance based on executive,legislative, judicial and administrative institutions with defined powersand functions in the Comprehensive Compact. A period of transitionshall be established in a Comprehensive Compact specifying therelationship between the Central Government and the BJE.

5. In the context of implementing prior and incremental agreementsbetween the GRP and MILF, it is the joint understanding of theParties that the term “entrenchment” means, for the purposes of givingeffect to this transitory provision, the creation of a process ofinstitution building to exercise shared authority over territory anddefined functions of associative character.

6. The modalities for the governance intended to settle theoutstanding negotiated political issues are deferred after the signingof the MOA-AD.

The establishment of institutions for governance in a ComprehensiveCompact, together with its modalities during the transition period,shall be fully entrenched and established in the basic law of the BJE.The Parties shall faithfully comply with their commitment to theassociative arrangements upon entry into force of the ComprehensiveCompact.

7. The Parties agree that the mechanisms and modalities for theactual implementation of this MOA-AD shall be spelt out in theComprehensive Compact to mutually take such steps to enable it tooccur effectively.

Any provisions of the MOA-AD requiring amendments to the exist-ing legal framework shall come into force upon signing of a Com-prehensive Compact and upon effecting the necessary changes tothe legal framework with due regard to non derogation of prior agree-ments and within the stipulated timeframe to be contained in theComprehensive Compact.

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8. The Parties agree that the BJE shall be empowered to build,develop and maintain its own institutions, inclusive of, civil service,electoral, financial and banking, education, legislation, legal, eco-nomic, and police and internal security force, judicial system andcorrectional institutions, necessary for developing a progressiveBangsamoro society, the details of which shall be discussed in thenegotiation of the Comprehensive Compact.

9. The Parties further agree to undertake activities which will en-hance the capacity of the government institutions during the transi-tion through technical assistance, information-sharing and humanresource development.

10. Matters concerning the details of the agreed consensus pointson Governance not covered under this Agreement shall be deferredto, and discussed during, the negotiations of the ComprehensiveCompact.

IN WITNESS WHEREOF, the undersigned, being the repre-sentatives of the Parties hereby affix their signatures.

Done this 5th day of August, 2008 in Kuala Lumpur, Malaysia.

FOR THE GRP: RODOLFO C. GARCIA ChairmanGRP Peace Negotiating Panel

FOR THE MILF: MOHAGHER IQBAL ChairmanMILF Peace Negotiating Panel

WITNESSED BY:

DATUK OTHMAN BIN ABD RAZAKSpecial Adviser to the Prime Minister

ENDORSED BY:

AMBASSADOR SAYED ELMASRYAdviser to Organization of the Islamic Conference (OIC)

Secretary Generaland Special Envoy for Peace Process in Southern Philippines

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IN THE PRESENCE OF:

DR. ALBERTO G. ROMULOSecretary of Foreign Affairs

Republic of the Philippines

DATO’ SERI UTAMA DR. RAISBIN YATIM

Minister of Foreign AffairsMalaysia

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ANNEX (CATEGORY A)

A. Core of the BJE

1. Present geographic area of the ARMM2. Baloi, Lanao del Norte3. Munai, Lanao del Norte4. Nunungan, Lanao del Norte5. Pantar, Lanao del Norte6. Tagoloan, Lanao del Norte7. Tangcal, Lanao del Norte

B. Areas wherein the Government stipulates to conduct anddeliver, using all possible legal measures, a plebiscite within12 months following the signing of the MOA-AD.

REGION IX

ISABELA CITY (all)1. Aguada2. Balatanay3. Baluno4. Begang5. Binuangan6. Busay7. Cabunbata8. Calvario9. Carbon10. Diki11. Dona Ramona T. Alano12. Isabela Eastside (Pob.)13. Isabela Proper (Pob.)14. Kapatagan Grande15. Kapayawan16. Kaumpurnah Zone I17. Kaumpurnah Zone II

18. Kaumpurnah Zone III19. Kumalarang20. La Piedad (Pob.)21. Lampinigan22. Lanote23. Lukbuton24. Lumbang25. Makiri26. Maligue (Lunot)27. Marang-marang28. Marketsite (Pob.)29. Masula30. Menzi31. Panigayan32. Panunsulan33. Port Area (Pob.)34. Riverside

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35. San Rafael36. Santa Barbara37. Santa Cruz (Pob.)38. Seaside (Pob.)39. Small Kapatagan40. Sumagdang41. Sunrise Village (Pob.)42. Tabiawan43. Tabuk (Pob.)44. Tampalan45. Timpul

ZAMBOANGA CITY(SACOL ISLAND)

46. Busay47. Landang Gua48. Landang Laum49. Manalipa50. Pasilmata51. Tigtabon

ZAMBOANGA DEL SURDINAS52. Benuatan53. East Migpulao54. Lucoban55. Nian56. Pisa-an57. Sambulawan58. Songayan59. Tarakan

ZAMBOANGA SIBUGAYMABUHAY60. Bangkaw-bangkaw61. Caliran62. Pamansaan63. Taguisan64. Tandu-comot

REGION X

LANAODELNORTEBACOLOD

65. Babalayan Townsite66. Dimarao67. Pagayawan68. Punod (Maliwanag)

ILIGAN CITY69. Digkilaan70. Dulag71. Hindang72. Kalilangan73. Lanipao74. Mainit75. Panoroganan76. Rogongon

KAUSWAGAN (all)77. Bagumbayan (Pob.)78. Bara-ason79. Cayontor80. Delabayan81. Inudaran82. Kawit Occidental83. Kawit Oriental84. Libertad85. Poblacion86. Tacub87. Tingintingin88. Tugar

KOLAMBUGAN89. Bubong90. Lumbac91. Matampay92. Pagalungan93. Pantaon94. Small Banisilan

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LINAMON (all)95. Busque96. Larapan97. Magoong98. Napo99. Poblacion100. Purakan101. Robocon102. Samburon

MAGSAYSAY (all)103. Babasalon104. Baguiguicon105. Daan Campo106. Durianon107. Ilihan108. Lamigadato109. Lemoncret110. Lubo111. Lumbac112. Malabaogan113. Mapantao114. Olango115. Pangao116. Pelingkingan117. Lower Caningag(Perimbangan)118. Poblacion (Bago-A-Ingud)119. Rarab120. Somiorang121. Upper Caningag(Taguitingan)122. Talambo123. Tambacon124. Tawinian125.Tipaan126.Tombador

MAIGO127. Inoma

MATUNGAO (all)128. Bubong Radapan129. Bangco130. Batal131. Batangan132. Cadayonan133. Matampay134. Pangi135. Pasayanon136. oblacion (Matungao)137. Puntod138. Santa Cruz139. Somiorang

PANTAO RAGAT (all)140. Aloon141. Banday142. Bobonga Pantao Ragat143. Bobonga Radapan144. Cabasagan145. Calawe146. Culubun147. Dilimbayan148. Dimayon149. Poblacion East150. Lomidong151. Madaya152. Maliwanag153. Matampay154. Natangcopan155. Pansor156. Pantao Marug157. Tangcal158. Tongcopan159. Poblacion West

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POONA PIAGAPO (all)160. Alowin161. Bubong-Dinaig162. Cabasaran163. Cadayonan164. Caromatan165. Daramba166. Dinaig167. Kablangan168. Linindingan169. Lumbatan170. Lupitan171. Madamba172. Madaya173. Maliwanag174. Nunang175. Nunungan176. Pantao Raya177. Pantaon178. Pendolonan179. Pened180. Piangamangaan181. Poblacion(Lumbacaingud)182. Sulo183.Tagoranao184. Tangclao185. Timbangalan

SALVADOR (all)186. Barandia187. Bulacon188. Buntong189. Calimodan190. Camp III191. Curva-Miagao192. Daligdigan

193. Inasagan194. Kilala195. Mabatao196. Madaya197. Mamaanon198. Mapantao199. Mindalano200. Padianan201. Pagalongan202. Pagayawan203. Panaliwad-on204. Pangantapan205. Pansor206. Patidon207. Pawak208. Poblacion209. Saumay210. Sudlon

SAPAD (all)211. Baning212. Buriasan (Pob.)213. Dansalan214. Gamal215. Inudaran I216. Inudaran II217. Karkum218. Katipunan219. Mabugnao220. Maito Salug221. Mala Salug222. Mama-anon223. Mapurog224. Pancilan225. Panoloon226. Pili227. Sapad

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SULTAN NAGADIMAPORO (all)

228. Bangaan229. Bangco230. Bansarvil II231. Bauyan232. Cabongbongan233. Calibao234. Calipapa235. Calube236. Campo Islam237. Capocao238. Dabliston239. Dalama240. Dangulaan241. Ditago242. Ilian243. Kauswagan244. Kirapan245. Koreo246. Lantawan247. Mabuhay248. Maguindanao249. Mahayahay250. Mamagum251. Mina252. Pandanan253. Payong254. Pikalawag255. Pikinit256. Piraka257. Poblacion258. Ramain259. Rebucon260. Sigayan261. Sugod262. Tagulo263. Tantaon264. Topocon (Capocgo)

TUBOD 265. Baris (Lumangculob)

BUKIDNONKALILANGAN 266. Pamotolan

REGION XII

COTABATO CITY (all)

267. Bagua268. Bagua I269. Bagua II270. Bagua III271. Kalanganan272. Kalanganan I273. Kalanganan II274. Poblacion275. Poblacion I276. Poblacion II277. Poblacion III278. Poblacion IV279. Poblacion IX280. Poblacion V281. Poblacion VI282. Poblacion VII283. Poblacion VIII284. Rosary Heights285. Rosary Heights I286. Rosary Heights II287. Rosary Heights III288. Rosary Heights IV289. Rosary Heights IX290. Rosary Heights V291. Rosary Heights VI292. Rosary Heights VII293.Rosary Heights VIII

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294. Rosary Heights X295. Rosary Heights XI296. Rosary Heights XII297. Rosary Heights XIII298. Tamontaka299. Tamontaka I300. Tamontaka II301. Tamontaka III302. Tamontaka IV303. Tamontaka V

COTABATO (NorthCotabato)ALAMADA

304. Dado305. Guiling306. Lower Dado307. Macabasa308. Mapurok309. Pigcawaran

ALEOSAN310. Dunguan311. Lower Mingading312. Luanan313. Malapang314. New Panay315. Pagangan316. Tapodoc

BANISILAN317. Gastay318. Banisilan Poblacion319. Busaon320. Capayangan321. Carugmanan322. Kalawaig323. Kiaring

324. Malinao325. Miguel Macasarte326. Pantar327. Paradise328. Pinamulaan329. Poblacion II330. Solama331. Thailand332. Tinimbacan333. Tumbao-Camalig334. Wadya

CARMEN335. Aroman336. Cadiis337. General Luna338. Katanayanan339. Kibenes340. Kitulaan341. Langogan342. Lanoon343. Lumayong344. Macabenban345. Manarapan346. Manili347. Nasapian348. Palanggalan349. Pebpoloan350. Tambad351. Tupig

KABACAN (all)352. Aringay353. Bangilan354. Bannawag355. Buluan356. Cuyapon

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357. Dagupan358. Katidtuan359. Kayaga360. Kilagasan361. Magatos362. Malamote363. Malanduague364. Nanga-an365. Osias366. Paatan Lower367. Paatan Upper368. Pedtad369.Pisan370. Poblacion371. Salapungan372. Sanggadong373. Simbuhay374. Simone375. Tamped

M’LANG376. Dagong377. Dungo-an378. Gaunan

MATALAM379. Arakan380. Central Malamote381. Ilian382. Kidama383. Kilada384. Manubuan385. Marbel386. Patadon West387. Poblacion388. Taguranao389. Tamped (Tampad)390. New Abra

MIDSAYAP391. Lomopog392. Central Labas393. Damatulan394. Kadigasan395. Kadingilan396. Kapinpilan397. Kudarangan398. Macasendeg399. Malingao400. Mudseng401. Nabalawag402. Nes403. Olandang404. Rangaban405. Salunayan406. Sambulawan407. Tugal408. Tumbras409. Upper Labas

PIGKAWAYAN410. Balacayon411. Banucagon412. Bulucaon413. Buricain414. Central Panaten415. Datu Binasing416. Datu Mantil417. Kadingilan418. Libungan Torreta419. Lower Baguer420. Lower Pangangkalan421. Malagkit422.Matilac423. Midpapan II424. Patot

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425. Payong-payong426. Simsiman427. Tubon428. Upper Baguer (Baguer)429. Upper Pangangkalan

PIKIT (all)430. Bagoaingud(Bagoinged)431. Balabak432. Balatican433. Balong434. Balungis435. Barungis436. Batulawan437. Bualan438. Buliok439. Bulod440. Bulol441. Calawag442. Dalingaoen (Lalingaon)443. Damalasak444. Fort Pikit445. Ginatilan446. Gligli447. Gokoton (Gokotan)448. Inug-ug449. Kabasalan450. Kalacacan451. Katilacan452. Kolambog453. Ladtingan454. Lagunde455. Langayen456. Macabual457. Macasendeg458. Manaulanan

459. Nabundas460. Nalapaan461. Nunguan462. Paidu Pulangi463. Panicupan464. Poblacion465. Punol466. Rajah Muda467. Silik468. Takipan469. Talitay470. Tinutulan471. Pamalian

PRESIDENT ROXAS 472. Salat

TULUNAN473. Bacong474. Daig475. Damawato476. Dungos477. Galidan478. Magbok479. Popoyon

KUDARATBAGUMBAYAN (all)

480. Bai Sarifinang481. Biwang482. Busok483. Chua484. Daguma485. Daluga486. Kabulanan487. Kanulay488. Kapaya

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489. Kinayao490. Masiag491. Monteverde492. Poblacion493. Santo Niño494. Sison495. South Sepaka496. Sumilil497. Titulok498. Tuka

COLUMBIO (all)499. Bantangan (Lasak)500. Datablao501. Eday502. Elbebe503. Lasak504. Libertad505. Lomoyon506. Makat (Sumali Pas)507. Maligaya508. Mayo509. Natividad510. Poblacion511. Polomolok512. Sinapulan513. Sucob514. Telafas

ESPERANZA (all)515. Ala516. Daladap517. Dukay518. Guiamalia519. Ilian520. Kangkong521. Margues

522. New Panay523. Numo524. Pamantingan525. Poblacion526. Sagasa527. Salabaca528. Villamor529. Laguinding530. Magsaysay531. Paitan532. Saliao533. Salumping

ISULAN534. Bual535. Lagandang536. Laguilayan

KALAMANSIG (all)537. Bantogon (Santa Clara)538. Cadiz539. Datu Ito Andong540. Datu Wasay541. Dumangas Nuevo542. Hinalaan543. Limulan544. Nalilidan545. Obial546. Pag-asa547. Paril548. Poblacion549. Sabanal550. Sangay551. Santa Maria

LAMBAYONG (all)552. Caridad (Cuyapon)553. Didtaras

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554. Gansing (Bilumen)555. Kabulakan556. Kapingkong557. Katitisan558. Lagao559. Lilit560. Madanding561. Maligaya562. Mamali563. Matiompong564. Midtapok565. New Cebu566. Palumbi567. Pidtiguian568. Pimbalayan569. Pinguiaman570. Poblacion (Lambayong)571. Sadsalan572. Seneben573. Sigayan574. Tambak575. Tinumigues576. Tumiao (Tinaga)577. Udtong

LEBAK (all)578. Barurao579. Barurao II580. Basak581. Bolebok582. Bululawan583. Capilan584. Christiannuevo585. Datu Karon586. Kalamongog587. Keytodac588. Kinodalan589. New Calinog

590. Nuling591. Pansud592. Pasandalan593. Poblacion594. Poblacion II595. Poblacion III596. Poloy-poloy597. Purikay598. Ragandang599. Salaman600. Salangsang601. Taguisa602. Tibpuan603. Tran604. Villamonte

LUTAYAN (all)605. Antong606. Bayasong607. Blingkong608. Lutayan Proper609. Maindang610. Mamali611. Manili612. Sampao613. Sisiman614. Tamnag (Pob.)615. Palavilla

PALIMBANG (all)616. Akol617. Badiangon618. Baliango619. Balwan (Bulan)620. Bambanen621. Baranayan622. Barongis

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623. Batang-baglas624. Butril625. Colobe626. Domolol627. Kabuling628. Kalibuhan629. Kanipaan630. Kidayan631. Kiponget632. Kisek633. Kraan634. Kulong-kulong635. Langali636. Libua637. Ligao638. Lopoken (Lepolon)639. Lumitan640. Maganao641. Maguid642. Malatuneng (Malatunol)643. Malisbong644. Medol645. Milbuk646. Mina647. Molon648. Namat Masla649. Napnapon650. Poblacion651. San Roque652. Tibuhol (EastBadiangon)653. Wal654. Wasag

PRESIDENT QUIRINO (all)655. Bagumbayan656. Bannawag657. Bayawa

658. C. Mangilala659. Estrella660. Kalanawe I661. Kalanawe II662. Katico663. Malingon664. Mangalen665. Pedtubo666. Poblacion(Sambulawan)667. Romualdez668. San Jose669. San Pedro (Tuato)670. Sinakulay671. Suben672. Tinaungan673. Tual (Liguasan)

SEN. NINOY AQUINO (all)647. Banali675. Basag676. Buenaflores677. Bugso678. Buklod679. Gapok680. Kadi681. Kapatagan682. Kiadsam683. Kuden684. Kulaman685. Lagubang686. Langgal687. Limuhay688. Malegdeg689. Midtungok690. Nati691. Sewod692. Tacupis693. Tinalon

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PALAWANBALABAC (all)694. Agutayan695. Bugsuk (NewCagayancillo)696. Bancalaan697. Indalawan698. Catagupan699. Malaking Ilog700. Mangsee701. Melville702. Pandanan703. Pasig704. Rabor705. Ramos706. Salang707. Sebaring708. Poblacion I709. Poblacion II710. Poblacion III711. Poblacion IV712. Poblacion V713. Poblacion VI

BATARAZA (all)714.. Bono-bono715. Bulalacao716. Buliluyan717. Culandanum718. Igang-igang719. Inogbong720. Iwahig721. Malihud722. Malitub723. Marangas (Pob.)724.Ocayan725. Puring726. Rio Tuba

727. Sandoval728. Sapa729. Sarong730. Sumbiling731. Tabud732. Tagnato733. Tagolango734. Taratak735. Tarusan

* Including all inland bodies ofwater found therein** (List of names based on 2000Census)

xxx end of list xxx

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ANNEX (CATEGORY “B”)

Category B (the” Special Intervention Areas”) refers toconflict affected areas outside the BJE which shall be the sub-ject of special socio-economic and cultural affirmative actionimplemented by the Central Government pending the conductof a plebiscite not earlier than twenty-five (25) years from thesigning of the Comprehensive Compact to determine the ques-tion of their accession to the BJE. The areas reflected are sub-ject to further negotiations by the Parties.

COTABATO (NORTHCOTABATO)

1 Bao2 Barangiran3 Camansi4 Kitacubong (Pob.)5 Malitubog6 Mirasol7 Pacao8 Paruayan9 Polayagan10 Rangayen11 Raradangan

CARMEN

12 Bentangan13 Kibugtongan14 Kilala15 Kimadzil16 Liliongan17 Malapag18 Poblacion

LIBUNGAN (all)

19 Ranzo20 Tacupan21 Tonganon22 Abaga23 Baguer24 Barongis25 Batiocan26 Cabaruyan27 Cabpangi28 Demapaco29 Grebona30 Gumaga31 Kapayawi32 Kiloyao33 Kitubod34 Malengen35 Montay36 Nica-an37 Palao38 Poblacion39 Sinapangan40 Sinawingan41 Ulamian

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MAKILALA (all)42 Batasan43 Bato44 Biangan45 Buena Vida46 Buhay47 Bulakanon48 Cabilao49 Concepcion50 Dagupan51 Garsika52 Guangan53 Indangan54 Jose Rizal55 Katipunan II56 Kawayanon57 Kisante58 Leboce59 Libertad60 Luayon61 Luna Norte62 Luna Sur63 Malabuan64 Malasila65 Malungon66 New Baguio67 New Bulatukan68 New Cebu69 New Israel70 Old Bulatukan71 Poblacion72 Rodero73 Saguing74 San Vicente75 Santa Felomina76 Santo Niño77 Sinkatulan

78 Taluntalunan79 Villaflores

MATALAM80 Bangbang81 Bato82 Dalapitan83 Estado84 Kabulacan85 Kibia86 Kibudoc87 Lampayan88 Latagan89 Linao90 Lower Malamote91 Manupal92 Minamaing93 Natutungan94 New Alimodian95 New Bugasong96 New Pandan97 Pinamaton98 Salvacion99 Santa Maria100 Sarayan101 Taculen

MIDSAYAP102 Agriculture103 Anonang104 Arizona105 Bagumba106 Baliki107 Barangay Poblacion 1108 Barangay Poblacion 2109 Barangay Poblacion 3110 Barangay Poblacion 4

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111 Barangay Poblacion 5112 Barangay Poblacion 6113 Barangay Poblacion 7114 Barangay Poblacion 8115 Bitoka116 Bual Norte117 Bual Sur118 Bulanan Upper119 Central Bulanan120 Central Glad121 Central Katingawan122 Ilbocean123 Kimagango124 Kiwanan125 Lagumbingan126 Lower Glad127 Lower Katingawan128 Malamote129 Milaya130 Nalin131 Palongoguen132 Patindeguen133 Sadaan134 Salunayan135 San Isidro136 Santa Cruz137 Upper Glad I138 Upper Glad II139 Villarica

M’LANG140 Bagontapay141 Bialong142 Buayan143 Calunasan144 Dalipe145 Inas

146 Katipunan147 La Fortuna148 La Suerte149 Langkong150 Lepaga151 Liboo152 Lika153 Luz Village154 Magallon155 Malayan156 New Antique157 New Barbaza158 New Consolacion159 New Esperanza160 New Janiuay161 New Kalibo162 New Lawa-an163 New Rizal164 Nueva Vida165 Pag-asa166 Palma-Perez167 Poblacion168 Poblacion B169 Pulang-lupa170 Sangat171 Tawantawan172 Tibao173 Ugpay

PIGKAWAYAN174 Anick (Upper Balogo)175 Balogo176 Buluan177 Cabpangi178 Capayuran179 Central Panatan180 Kimarayang

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181 Malagakit182 Maluao183 Midpapan I184 Midpapan II185 Mulok186 New Culasi187 New Igbaras188 New Panay189 North Manuangan190 Poblacion I191 Poblacion II192 Poblacion III193 Presbitero194 Renibon195 South Manuangan196 Tigbawan197 Tubon

PRESIDENT ROXAS198 Alegria199 Bato-bato200 Cabangbangan201 Camasi202 Datu Indang203 Datu Sandongan204 Del Carmen205 F. Cajelo (New Maasin)206 Greenhill207 Idaoman208 Ilustre209 Kamarahan210 Kimaruhing211 Kisupaan212 La Esperanza213 Labu-o214 Lamalama215 Lomonay

216 Mabuhay217 New Cebu218 Poblacion219 Sagcungan220 Sarayan221 Tuael

BANISILAN222 Malagap223 Puting-bato

ALEOSAN224 Bagolibas225 Cawilihan226 Dualing227 Katalicanan228 Lawili229 New Leon230 Palacat231 Pentil232 San Mateo233 Santa Cruz234 Tomado235 Upper Mingading

ARAKAN236 Allab237 Anapolon238 Badiangon239 Binoongan240 Dallag241 Datu Ladayon242 Datu Matangkil243 Doroluman244 Gambodes245 Ganatan246 Kabalantian

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247 Katipunan248 Kinawayan249 Kulaman Valley250 Lanao Kuran251 Libertad252 Makalangot253 Malibatuan254 Maria Caridad255 Meocan256 Naje257 Napalico258 Poblacion (Greenfield)259 Salasang260 San Miguel261 Santo Niño262 Sumalili263 Tumanding

LANAO DEL NORTEBACOLOD

264 Alegria265 Babalaya266 Binuni267 Demologan268 Esperanza269 Kahayag270 Liangan East271 Mati272 Minaulon273 Poblacion Bacolod274 Rupagan

SULTAN KUDARATISULAN

275 Bambad276 Dansuli277 D’Lotilla

278 Impao279 Kalawag I (Pob.)280 Kalawag II (Pob.)281 Kalawag III (Pob.)282 Kenram283 Kolambog284 Kudanding285 Mapantig286 New Pangasinan287 Sampao288 Tayugo

SOUTH COTABATOPOLOMOLOK (all)

289 Bentung290 Cannery Site291 Crossing Palkan292 Glamang293 Kinilis294 Klinan 6295 Koronadal Proper296 Lam-Caliaf297 Landan298 Lapu299 Lumakil300 Magsaysay301 Maligo302 Pagalungan303 Palkan304 Poblacion305 Polo306 Rubber307 Silway 7308 Silway 8309 Sulit310 Sumbakil311 Upper Klinan

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TAMPAKAN (all)312 Albagan313 Buto314 Danlag315 Kipalbig316 Lambayong317 Lampitak318 Liberty319 Maltana320 Palo321 Poblacion322 Pula-bato323 San Isidro324 Tablu

TUPI (all)325 Acmonan326 Bololmala327 Bunao328 Cebuano329 Crossing Rubber330 Kablon331 Kalkam332 Linan333 Lunen334 Miasong335 Palian336 Poblacion337 Polonuling338 Simbo339 Tubeng

SARANGANIGLAN (all)

340 Baliton341 Batotuling342 Batulaki

343 Big Margus344 Burias345 Cablalan346 Calabanit347 Calpidong348 Congan349 Cross350 Datalbukay351 E. Alegado352 Glan Padidu353 Gumasa354 Ilaya355 Kaltuad356 Kapatan357 Lago358 Laguimit359 Mudan360 New Aklan361 Pangyan362 Poblacion363 Rio Del Pilar364 San Jose365 San Vicente366 Small Margus367 Sufatubo368 Taluya369 Tango370 Tapon

KIAMBA (all)371 Badtasan372 Datu Dani373 Gasi374 Kapate375 Katubao376 Kayupo377 Kling (Lumit)

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378 Lagundi379 Lebe380 Lomuyon381 Luma382 Maligang383 Nalus384 Poblacion385 Salakit386 Suli387 Tablao388 Tamadang389 Tambilil

MAASIM (all)390 Amsipit391 Bales392 Colon393 Daliao394 Kabatiol395 Kablacan396 Kamanga397 Kanalo398 Lumasal399 Lumatil400 Malbang401 Nomoh402 Pananag403 Poblacion (Maasim)404 Seven Hills405 Tinoto379 Lebe380 Lomuyon381 Luma382 Maligang383 Nalus384 Poblacion411 Mabay

412 Maguling413 Malalag (Pob.)414 Mindupok415 New La Union416 Old Poblacion (Maitum)417 Pangi (Linao)418 Pinol419 Sison (Edenton)420 Ticulab421 Tuanadatu422 Upo (Lanao)423 Wali (Kambuhan)424 Zion

MALAPATAN (all)425 Daan Suyan426 Kihan427 Kinam428 Libi429 Lun Masla430 Lun Padidu431 Patag432 Poblacion (Malapatan)433 Sapu Masla434 Sapu Padidu435 Tuyan436 Upper Suyan

DAVAO DEL SURSARANGANI (all)

437 Batuganding438 Camahual439 Camalig440 Gomtago441 Konel442 Laker (Sarangani Sur)

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443 Lipol444 Mabila (Pob.)445Patuco(Sarangani Norte)446 Tagen447 Tinina448 Tucal

DAVAO ORIENTALTARRAGONA (all)

449 Cabagayan450 Central (Pob.)451 Dadong452 Jovellar453 Limot454 Lucatan455 Maganda456 Ompao457 Tomoaong458 Tubaon

COMPOSTELA VALLEYPANTUKAN (all)

459 Araibo460 Bongabong461 Bongbong462 Kingking (Pob.)463 Las Arenas464 Magnaga465 Matiao466 Napnapan467 P. Fuentes468 Tagdangua469 Tag-Ugpo470 Tambongon471 Tibagon

ZAMBOANGA DEL NORTEBALIGUIAN (all)

472 Alegria473 Diangas474 Diculom475 Guimotan476 Kauswagan477 Kilalaban478 Linay479 Lumay480 Malinao481 Mamad482 Mamawan483 Milidan484 Nonoyan485 Poblacion486 San Jose487 Tamao488 Tan-awan

GODOD (all)489 Baluno490 Banuangan491 Bunawan492 Dilucot493 Dipopor494 Guisapong495 Limbonga (Limboangan)496 Lomogom497 Mauswagon498 Miampic499 Poblacion500 Raba501 Rambon502 San Pedro503 Sarawagan504 Sianan505 Sioran

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KALAWIT (all)506 Batayan507 Botong508 Concepcion

509DanielMaing(Dominolog)510 Fatima (Lacsutan)511 Gatas512 Kalawit (Pob.)513 Marcelo514 New Calamba515 Palalian516 Paraiso517 Pianon518 San Jose519 Tugop*

LABASON (all)520 Antonino (Pob.)521 Balas522 Bobongan523 Dansalan524 Gabu525 Gil Sanchez526 Imelda527 Immaculada528 Kipit529 La Union530 Lapatan531 Lawagan532 Lawigan533 Lopoc (Pob.)534 Malintuboan535 New Salvacion536 Osukan537 Patawag538 San Isidro539 Ubay

SALUG (all)540 Bacong541 Balakan542 Binoni543 Calucap544 Canawan545 Caracol546 Danao547 Dinoan548 Dipolod549 Fatima (Pogan)550 Ipilan551 Lanawan552 Liguac553 Lipakan554 Mucas556 Pacuhan557 Poblacion (Salug)558 Poblacion East559 Pukay560 Ramon Magsaysay561 Santo Niño562 Tambalang563 Tapalan

SIBUCO (all)564 Anongan565 Basak566 Bongalao567 Cabbunan568 Cawit-cawit569 Culaguan570 Cusipan571 Dinulan572 Jatian573 Kamarangan574 Lakiki

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575 Lambagoan576 Limpapa577 Lingayon578 Lintangan579 Litawan580 Lunday581 Malayal582 Mantivo583 Nala (Pob.)584 Panganuran585 Pangian586 Paniran587 Pasilnahut588 Poblacion589 Puliran590 Santo Niño (Culabog)591 Tangarak

SIOCON (all)592 Andres Micubo Jr.

(Balili)593 Balagunan594 Bucana595 Bulacan596 Candiz597 Datu Sailila598 Dionisio Riconalla599Jose P. Brillantes, Sr.

(Old Lituban)600 Latabon601 Makiang602 Malambuhangin603 Malipot604 Manaol605 Mateo Francisco606 Matiag607 New Lituban

608 Pangian609 Pisawak610 Poblacion (Siocon)611 S. Cabral612 Santa Maria613 Siay614 Suhaile Arabi615 Tabayo616 Tagaytay617 Tibangao

SIRAWAI (all)618 Balatakan619 Balonkan620 Balubuan621 Bitugan622 Bongon623 Catuyan624 Culasian625 Danganon626 Doña Cecilia627 Guban628 Lagundi629 Libucon630 Lubok631 Macuyon632 Minanga633 Motong634 Napulan635 Panabutan636 Piacan637 Piña638 Pisa Itom639 Pisa Puti640 Pugos641 Pula Bato642 Pulang Lupa

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643 Saint Mary (Pob.)644 San Nicolas (Pob.)645 San Roque (Pob.)646 San Vicente (Pob.)647 Sipakit648 Sipawa649 Sirawai Proper (Pob.)650 Talabiga651 Tapanayan

ZAMBOANGA SIBUGAYALICIA (all)

652 Alegria653 Bagong Buhay654 Bella655 Calades656 Concepcion657 Dawa-dawa658 Gulayon659 Ilisan660 Kapatagan661 Kauswagan662 Kawayan663 La Paz664 Lambuyogan665 Lapirawan666 Litayon667 Lutiman668 Milagrosa (Baluno)669 Naga-naga670 Pandan-pandan671 Payongan672 Poblacion673 Santa Maria674 Santo Niño675 Talaptap676 Tampalan677 Tandiong Muslim678 Timbang-timbang

BUUG (all)679 Agutayan680 Bagong Borbon681 Basalem682 Bawang683 Bliss684 Bulaan685 Compostela686 Danlugan687 Datu Panas688 Del Monte689 Guintuloan690 Guitom691 Guminta692 Labrador693 Lantawan694 Mabuhay695 Maganay696 Manlin697 Muyo698 Pamintayan699 Pling700 Poblacion701 Pulog702 San Jose703 Talairan704 Talamimi705 Villacastor (Galit)

IPIL (all)706 Bacalan707 Bangkerohan708 Bulu-an709 Caparan710 Domandan711 Don Andres712 Doña Josefa

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713 Guituan714 Ipil Heights715 Labi716 Logan717 Lower Ipil Heights718 Lower Taway719 Lumbia720 Maasin721 Magdaup722 Makilas723 Pangi724 Poblacion725 Sanito726 Suclema727 Taway728 Tenan729 Tiayon730 Timalang731 Tomitom732 Upper Pangi733 Veteran’s Village (Ruiz)

MABUHAY734 Abunda735 Bagong Silang736 Catipan737 Kauswagan738 Ligaya739 Looc-Barlak740 Malinao741 Pinalim (San Roque)742 Poblacion743 Punawan744 Santo Niño (Caliran)745 Sawa746 Sioton

MALANGAS (all)747 Bacao748 Basak-bawang749 Bontong750 Camanga751 Candiis752 Catituan753 Dansulao754 Del Pilar755 Kigay756 La Dicha757 Lipacan758 Logpond759 Mabini760 Malungon761 Mulom762 Overland763 Palalian764 Payag765 Poblacion766 Rebocon767 San Vicente768 Sinusayan769 Tackling770 Tigabon771Guilawa

OLUTANGA (all)772 Bateria773 Calais (Kalines)774 Esperanza775 Fama776 Galas777 Gandaan778 Kahayagan779 Looc Sapi780 Matim

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781 Noque782 Pulo Laum783 Pulo Mabao784 San Isidro785 San Jose786 Santa Maria787 Solar (Pob.)788 Tambanan789 Villacorte790 Villagonzalo

SIAY (all)791 Bagong Silang792 Balagon793 Balingasan794 Balucanan795 Bataan796 Batu797 Buyogan798 Camanga799 Coloran780 Kimos (Kima)781 Labasan782 Lagting783 Laih784 Logpond785 Magsaysay786 Mahayahay787 Maligaya788 Maniha789 Minsulao790 Mirangan791 Monching792 Paruk793 Poblacion794 Princesa Sumama795 Salinding

796 San Isidro797 Sibuguey798 Siloh799 Villagracia

TUNGAWAN (all)800 Baluran801 Batungan802 Cayamcam803 Datu Tumanggong804 Gaycon805 Langon806 Libertad (Pob.)807 Linguisan808 Little Margos809 Loboc810 Looc-labuan811 Lower Tungawan812 Malungon813 Masao814 San Isidro815 San Pedro816 San Vicente817 Santo Niño818 Sisay819 Taglibas820 Tigbanuang821 Tigbucay822 Tigpalay823 Timbabauan824 Upper Tungawan

TALUSAN (all)825 Aurora826 Baganipay827 Bolingan828 Bualan829 Cawilan

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830 Florida831 Kasigpitan832 Laparay833 Mahayahay834 Moalboal835 Poblacion (Talusan)836 Sagay837 Samonte838 Tuburan

PAYAO (all)839 Balian840 Balogo841 Balungisan842 Binangonan843 Bulacan844 Bulawan845 Calape846 Dalama847 Fatima (Silal)848 Guintolan849 Guiwan850 Katipunan851 Kima852 Kulasian853 Kulisap854 La Fortuna855 Labatan856 Mayabo (Santa Maria)857 Minundas (Santo. Niño)858 Mountain View (Puluan)859 Nanan860 Poblacion (Payao)861 San Isidro862 San Roque863SanVicente (Binangonan)864 Silal

865 Sumilong866 Talaptap867 Upper Sumilong

IMELDA (all)868 Balugo869 Balungisan870 Baluyan871 Cana-an872 Dumpoc873 Gandiangan874 Israel (Balian Israel)875 La Victoria876 Little Baguio877 Lower Baluran878 Lumbog879 Lumpanac880 Mali Little Baguio881 Poblacion (Santa Fe)882 Pulawan (Mt. View)883 San Jose884 Santa Barbara885 Upper Baluran

DIPLAHAN (all)886 Balangao887 Butong888 Ditay889 Gaulan890 Goling891 Guinoman892 Kauswagan893 Lindang894 Lobing895 Luop896 Manangon897 Mejo

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898 Natan899 Paradise900 Pilar901 Poblacion (Diplahan)902 Sampoli A903 Sampoli B904 Santa Cruz905 Songcuya906 Tinongtongan907 Tuno

TITAY (all)908 Achasol909 Azusano910 Bangco911 Camanga912 Culasian913 Dalangin914 Dalangin Muslim915 Dalisay916 Gomotoc917Imelda(Upper Camanga)918 Kipit919 Kitabog920 La Libertad921 Longilog922 Mabini923 Malagandis924 Mate925 Moalboal926 Namnama927 New Canaan928 Palomoc929 Poblacion (Titay)930 Poblacion Muslim931 Pulidan932 San Antonio

933 Santa Fe934 Supit935 Tugop936 Tugop Muslim

ROSELLER LIM (all)937 Ali Alsree938 Balansag939 Calula940 Casacon941 Don Perfecto942 Gango943 Katipunan944 Kulambugan945 Mabini946 Magsaysay947 Malubal948 New Antique949 New Sagay950 Palmera951 Pres. Roxas952 Remedios953 San Antonio954 San Fernandino955 San Jose956 Santo Rosario957 Siawang958 Silingan959 Surabay960 Taruc961 Tilasan962 Tupilac

NAGA (all)963 Aguinaldo964 Baga965 Baluno966 Bangkaw-bangkaw

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967 Cabong968 Crossing Sta. Clara969 Gubawang970 Guintoloan971 Kaliantana972 La Paz973 Lower Sulitan974 Mamagon975 Marsolo976 Poblacion977 San Isidro978 Sandayong979 Santa Clara980 Sulo981 Tambanan982 Taytay Manubo983 Tilubog984 Tipan985 Upper Sulitan

KABASALAN (all)986 Banker987 Bolo Batallion988 Buayan989 Cainglet990 Calapan991 Calubihan992 Concepcion (Balungis)993 Diampak994 Dipala995 Gacbusan996 Goodyear997 Lacnapan998 Little Baguio999 Lumbayao1000 Nazareth1001Palinta1002 Peñaranda

1003 Poblacion1004 Riverside1005 Sanghanan1006 Santa Cruz1007 Sayao1008 Shiolan1009 Simbol1010 Sininan1011 Tamin1012 Tampilisan1013 Tigbangagan1014 TimuayDanda

(Mangahas)

ZAMBOANGA DEL SURAURORA (all)

1015 Acad1016 Alang-alang1017 Alegria1018 Anonang1019 Bagong Mandaue1020 Bagong Maslog1021 Bagong Oslob1022 Bagong Pitogo1023 Baki1024 Balas1025 Balide1026 Balintawak1027 Bayabas1028 Bemposa1029 Cabilinan1030 Campo Uno1031 Ceboneg1032 Commonwealth1033 Gubaan1034 Inasagan1035 Inroad

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1036 KahayaganEast (Katipunan)

1037 Kahayagan West1038 Kauswagan1039 La Paz (Tinibtiban)1040 La Victoria1041 Lantungan1042 Libertad1043 Lintugop1044 Lubid1045 Maguikay1046 Mahayahay1047 Monte Alegre1048 Montela1049 Napo1050 Panaghiusa1051 Poblacion1052 Resthouse1053 Romarate1054 San Jose1055 San Juan1056 Sapa Loboc1057 Tagulalo1058 Waterfall

DIMATALING (all)1059 Bacayawan1060 Baha1061 Balanagan1062 Baluno1063 Binuay1064 Buburay1065 Grap1066 Josefina1067 Kagawasan1068 Lalab1069 Libertad

1070 Magahis1071 Mahayag1072 Mercedes1073 Poblacion1074 Saloagan1075 San Roque1076 Sugbay Uno1077 Sumbato1078 Sumpot1079 Tinggabulong1080 Tiniguangan1081 Tipangi1082 Upper Ludiong

DINAS1083 Bacawan1084 Beray1085 Don Jose1086 Dongos1087 Guinicolalay1088 Ignacio Garrata (New

Mirapao)1089 Kinacap1090 Legarda 11091 Legarda 21092 Legarda 31093 Lower Dimaya1094 Ludiong1095 Nangka1096 Old Mirapao1097 Poblacion1098 Proper Dimaya1099 Sagacad1100 San Isidro1101 Sumpotan1102 Upper Dimaya1103 Upper Sibul1104 West Migpulao

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DUMALINAO (all)1105 Anonang1106 Baga1108 Bag-ong Misamis1109 Bag-ong Silao1110 Baloboan1112 Banta-ao1113 Bibilik1114 Calingayan1115 Camalig1116 Camanga1117 Cuatro-cuatro1118 Locuban1119 Malasik1120 Mama (San Juan)1121 Matab-ang1122 Mecolong1123 Metokong1124 Motosawa1125 Pag-asa (Pob.)1126 Paglaum (Pob.)1127 Pantad1128 Piniglibano1129 Rebokon1130 San Agustin1131 Sibucao1132 Sumadat1133 Tikwas1134 Tina1135 Tubo-Pait1136 Upper Dumalinao

KUMALARANG (all)1137 Bogayo1138 Bolisong1139 Boyugan East1140 Boyugan West

1141 Bualan1142 Diplo1143 Gawil1144 Gusom1145 Kitaan Dagat1146 Lantawan1147 Limamawan1148 Mahayahay1149 Pangi1150 Picanan1151 Poblacion1152 Salagmanok1153 Secade1154 Suminalum

LABANGAN (all)1155 Bagalupa1156 Balimbingan (West

Luya)1157 Binayan1158 Bokong1159 Bulanit1160 Cogonan1161 Combo1162 Dalapang1163 Dimasangca1164 Dipaya1165 Langapod1166 Lantian1167 Lower Campo Islam

(Pob.)1168 Lower Pulacan1169 Lower Sang-an1170 New Labangan1171 Noboran1172 Old Labangan1173 San Isidro1174 Santa Cruz

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1175 Tapodoc1176 Tawagan Norte1177 Upper Campo Islam

(Pob.)1178 Upper Pulacan1179 Upper Sang-an

LAPUYAN (all)1180 Bulawan1181 Carpoc1182 Danganan1183 Dansal1184 Dumara1185 Linokmadalum1186 Luanan1187 Lubusan1188 Mahalingeb1189 Mandeg1190 Maralag1191 Maruing1192 Molum1193 Pampang1194 Pantad1195 Pingalay1196 Poblacion1197 Salambuyan1198 San Jose1199 Sayog1200 Tabon1201 Talabab1202 Tiguha1203 Tininghalang1204 Tipasan1205 Tugaya

MARGOSATUBIG (all)1206 Balintawak1207 Bularong

1208 Digon1209 Guinimanan1210 Igat Island1211 Josefina1212 Kalian1213 Kolot1214 Limabatong1215 Limamawan1216 Lumbog1217 Magahis1218 Poblacion1219 Sagua1220 Talanusa1221 Tiguian1222 Tulapoc

PAGADIAN CITY (all)1223 Alegria1224 Balangasan (Pob.)1225 Balintawak1226 Baloyboan1227 Banale1228 Bogo1229 Bomba1230 Buenavista1231 Bulatok1232 Bulawan1233 Dampalan1234 Danlugan1235 Dao1236 Datagan1237 Deborok1238 Ditoray1239 Dumagoc1240 Gatas (Pob.)1241 Gubac1242 Gubang1243 Kagawasan

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1244 Kahayagan1245 Kalasan1246 Kawit1247 La Suerte1248 Lala1249 Lapidian1250 Lenienza1251 Lizon Valley1252 Lourdes1253 Lower Sibatang1254 Lumad1255 Lumbia1256 Macasing1257 Manga1258 Muricay1259 Napolan1260 Palpalan1261 Pedulonan1262 Poloyagan1263 San Francisco (Pob.)1264 San Jose (Pob.)1265 San Pedro (Pob.)1266 Santa Lucia (Pob.)1267 Santa Maria1268 Santiago (Pob.)1269 Santo Niño1270 Tawagan Sur1271 Tiguma1272 Tuburan (Pob.)1273 Tulangan1274 Tulawas1275 Upper Sibatang1276 White Beach

SAN PABLO (all)1277 Bag-ong Misamis1278 Bubual

1279 Buton1280 Culasian1281 Daplayan1282 Kalilangan1283 Kapamanok1284 Kondum1285 Lumbayao1286 Mabuhay1287 Marcos Village1288 Miasin1289 Molansong1290 Pantad1291 Pao1292 Payag1293 Poblacion (San Pablo)1294 Pongapong1295 Sacbulan1296 Sagasan1297 San Juan1298 Senior1299 Songgoy1300 Tandubuay1301 Taniapan1302 Ticala Island1303 Tubo-pait1304 Villakapa

TABINA (all)1305 Abong-abong1306 Baganian1307 Baya-baya1308 Capisan1309 Concepcion1310 Culabay1311 Doña Josefina1312 Lumbia1313 Mabuhay

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1314 Malim1315 Manikaan1316 New Oroquieta1317 Poblacion1318 San Francisco1319 Tultolan

TUKURAN (all)1320 Alindahaw1321 Baclay1322 Balimbingan1323 Buenasuerte1324 Camanga1325 Curvada1326 Laperian1327 Libertad1328 Lower Bayao1329 Luy-a1330 Manilan1331 Manlayag1332 Militar1333 Navalan1334 Panduma Senior1335 Sambulawan1336 San Antonio1337 San Carlos (Pob.)1338 Santo Niño (Pob.)1339 Santo Rosario1340 Sugod1341 Tabuan1342 Tagulo1343 Tinotungan1344 Upper Bayao

PITOGO (all)1345 Balabawan1346 Balong-balong

1347 Colojo1348 Liasan1349 Liguac1350 Limbayan1351 Lower Paniki-an1352 Matin-ao1353 Panubigan1354 Poblacion (Pitogo)1355 Punta Flecha1356 San Isidro1357 Sugbay Dos1358 Tongao1359 Upper Paniki-an

VINCENZO A. SAGUN (all)1360 Ambulon1361 Bui-os1362 Cogon1363 Danan1364 Kabatan1365 Kapatagan1366 Limason1367 Linoguayan1368 Lumbal1369 Lunib1370 Maculay1371 Maraya1372 Sagucan1373 Waling-waling

GUIPOS (all)1374 Bagong Oroquieta1375 Baguitan1376 Balongating1377 Canunan1378 Dacsol1379 Dagohoy

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1380 Dalapang1381 Datagan1382 Guling1383 Katipunan1384 Lintum1385 Litan1386 Magting1387 Poblacion (Guipos)1388 Regla1389 Sikatuna1390 Singclot

ZAMBOANGA CITY1391 Ayala1392 Baluno1393 Bolong1394 Buenavista1395 Calabasa1396 Campo Islam1397 Cawit1398 Curuan1399 Dita1400 Dulian(Upper

Bunguiao)1401 La Paz1402 Labuan1403 Latuan (Curuan)1404 Licomo1405 Limaong1406 Limpapa1407 Maasin1408 Malagutay1409 Mangusu1410 Manicahan1411 Mariki1412 Muti1413 Pamucutan

1414 Panubigan1415 Patalon1416 Quiniput1417 Recodo1418 Sibulao (Caruan)1419 Sinubung1420 Sinunoc1421 Tagasilay1422 Taguiti1423 Talisayan1424 Talon-talon1425 Tictapul1426 Tigbalabag1427 Tulungatung1428 Tumitus1429 Victoria1430 Vitali

PALAWANBROOKE’S POINT (all) 1431 Tubtub

1432 Amas1433 Aribungos1434 Barong-barong1435 Calasaguen1436 Imulnod1437 Ipilan1438 Maasin1439 Mainit1440 Malis1441 Mambalot1442 Oring-oring1443 Pangobilian1444 Poblacion I1445 Poblacion II1446 Salogon1447 Samareñana1448 Saraza

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RIZAL (all)1449 Bunog1450 Campong Ulay1451 Candawaga1452 Canipaan1453 Culasian

xxx end of list xxx

1454 Iraan1455 Latud1456 Panalingaan1457 Punta Baja1458 Ransang1459 Taburi

MAPS ANNEX A and B

Memorandum of Agreement on the Ancestral Domain Aspect

of the GRP-MILF Tripoli Agreement on Peace of 2001