When, we as writers, columnists, news people, and bloggers, write about the horrific turmoil that has beset our brothers and sister of Mindanao, we cannot truly feel what it is like to be in the eye of the storm.

We, The Filipino People, suffer because this is causing, once again, a fueling of our further stagnation in our economic and social progress.  But, while we suffer from a lack of progress, many in Mindanao are suffering from a more physical, near term and phsyical danger — and it is the loss of lives, the loss of livelihood, the loss of their homes, and the loss of their security. 

It is a total different equation altogether, comparing a guava from a mango, the inherent experience is different, and yet we suffer from the same conflict and situation — one ongoing event.

As Filipinos we may have a tendency or a knee jerk reaction to oppose anything and everything that divides our nation, because we have always held the ideal that we must always contribute to the unity of this nation, the unity of this republic.

As I have said, such conflicts, brings out of the woodwork, those selfish individuals and groups who seek power — this is not new.  Man is a being that seeks power, it is up to the collective to put these individuals in check, or face the situation that we are in as we speak.  The conflict in Mindanao is decades long.  It seems that there can be a solution in terms of federalism, but this whole situation is clouded by the fact that both of the parties taking part in the negotiations are parties that do not deserve the trust that is needed to push the negotiations forward.

It is hard for any individual to take seriously the two sides, especially when there are many in their ranks who lean towards the extreme left, or the extreme right when talking about this issue.

But as I have observed, both sides need to tackle this issue with an open mind.  One side letting go of “Bangsamoro first because we are not Filipino”, and the other side letting go of “Philippines first, because The Bangsamoro are Filipinos”.  It seems, when such ideas are already ingrained in the psyche of both sides, it is hard to let go of such ideals, and it is often these ideals that are used to exploit both sides.  And in our case, it can even be used by a group of armed men, THE MILF, who say they speak for the entire Bangsamoro people and the inhabitants of which they wish to rule in the Bangamoro Juridical Entity.

Take both The Arroyo Administration and The MILF out of the equation, it seems to me that there is room for negotiations, where both sides may not get exactly what they want, but it will be a step forward, instead of taking a gigantic step backwards.  The kind of backward movement that we have seen in recent weeks.  Take both sides out of the equation, and the issue itself can take center stage.

To fault any other party is ridiculous, at the end of the day it is only The Arroyo Administration and The MILF that have made their own little war for power be the spark for the deaths of many civilians.

And so, we have come full circle, to the realization, that in this conflict, the heaviest burden of suffering has been laid on the shoulders of The Bangsamoro People.  Agree or disagree with how this is turning out, it seems to me, that the biggest of all the losers are the people caught in between.

The SC must take this exit graciously being by offered by the Solicitor General.

The monkey wrench of a TRO the court has thrown thoughtlessly into the peace table has already caused too much sorrow and suffering. Let then the GRP and the MILF lay their arms and talk peace again. And let both parties consult hereon with their constituents and go back to negotiate for peace with clearer mandate.

The SC must not ignore a painful lesson here and be humble enough to accept that at this stage of the peace negotiation it’s been as clueless a stranger as an unwanted trespasser in a highly political conflict resolution process that the parties have worked so hard to forge.

The Solicitor General has said it plainer this time: the MoA is “merely a codification of consensus points reached between both parties and the aspirations of the MILF to have a Bangsamoro homeland” and hence, “not a final agreement.”

Now, if the negotiation is allowed to continue, let’s get this stipulation categorically written into the MoA: that what the Bangsamoro essentially wants is to “be given the chance to govern themselves as a sub-state entity within the larger Philippine nation-state.”

Meanwhile, the least that the nation may demand of Ms. Arroyo is for her to state in simple and honest terms that her interest in this whole affair as the president of the Republic is the attainment of ultimate peace in Mindanao, nothing more or less; and that further she is not going to circumvent her term-limit under the present Constitution in any manner whatsoever, whether by constitutional amendment or any other design.

Mabuhay ang Filipinas! Mabuhay ang Bangsamoro!

“Economic freedom is an essential requisite for political freedom. By enabling people to cooperate with one another without coercion or central direction, it reduces the area over which political power is exercised. In addition, by dispersing power, the free market provides an offset to whatever concentration of political power may arise. The combination of economic and political power in the same hands is a sure recipe for tyranny.”
-Friedman, Milton & Rose, Free to Choose— A Personal Statement, 1980

Curious as to how one writes a Constitution, I went on and dug a bit. That and, I must admit a bit of envy since Gloria and Pimentel are the only ones playing. That’s not fair, is it?

“Mummy! I want my toys too!”

I digress.

I asked myself, if I was the one drafting a constitution, “how would I do it?” In arrogance and presumptuousness, sprinkled with a bit of crazy (OK, a lot of crazy), and several nights of writing and rewriting, it turns out that it is pretty darn easy to “write” one. So now you can go get yourself a copy of the madness called, “Articles of Republic“. Go ahead and click save to download/view the pdf.

I’ll wait, twiddling my thumbs.

You got it? Let’s move a bit.

The mind knows the rightness, the certainty of this path, but my gut tells me that this is one huge folly.

Let me explain. Remember I said that it was pretty darn easy to write one? No joke. 6,000 words of crap in tahoma 14 font and in 19 pages? pretty darn easy to do. Especially with the word “section,” as the most often repeated word in the thing. Not being a lawyer or anything close to having any knowledge of law, the research took a bit but with Google, not what it would have been in a real world library.

You’ll find a lot of sections borrowed from previous constitutions like that section on citizenry was influenced by the 1973 Constitution. The idea behind Regional Governments is heavily borrowed from Hong Kong’s basic law and the one on Metro Manila’s idea came from the burroughs of New York, Montreal and London mashed up with the concept of Hong Kong. Our existing regional divisions can be used for a future federal state. That includes all our autonomous regions. And Metro Manila is promoted to that level. The idea is that while each region is given certain limits as to what their basic law should be, the form and structure what their government would be is left purposely ambiguous.

You will also notice that the legislature in this piece remains bicameral but with greater power given to Senators. The point being, it is difficult getting 200 people on the same page and while everyone needs to be represented, they already are— in where it counts the most at the State/Regional level. Having each region be represented by one senator reduces that complexity and still allows for accountability. Yet one can argue that there are times when the lowest district needs to be represented in greater degree. That’s when the House only comes in.

Also, compensation is also left to every region. They pay their senators. They pay their representatives.

Each region can have their own courts of law— but final adjudication is left to the Supreme Court. Education, Healthcare, Police are left to the regional government. they can choose to ignore it or not. So you see, much power is given to every region of the republic.

The Federal Government is much reduced in sized but increased in power. The President is given greater control over the executive branch.  It is up to him to structure it. The notion of civil service is left purposely ambiguous. He’s the one running the show, after all. So why don’t we give him the full helm?

The whole premise is that each “region is on their own save that which is foreign”. And yes, the whole Article of Republic borrows heavily from Friedman, Milton and Rose on the notion that “Economic freedom is an essential requisite for political freedom”. Whether or not Articles of Republic succeeds in showing all this, I don’t know.

Let us digress a bit so i can point you to people far wiser than I am on this whole charter change issue: The round up of interesting points of view starts here. Ding talks ‘Federal Republic of the Philippines: A Preview‘, The Jester points us to the funny of “The Pimentel Proposal“, Dean Jorge discusses “the excuse” this government has made to push forward with Charter Change—- ancestral domains, indigenous peoples, the Warrior Lawyer in GMA’s Federalism of Convenience says “So all this talk of federalism is really a push for charter change.” Lastly, Abe Margallo’s Federalism: a Consitutional response to secession is a must read too.

That said, I spoke of folly.

What is a plan without execution? What is a Constitution in its most basic form? is it not a plan— the architectural drawing of what a nation ought to be?

Writing this piece of crap has been an eye opener. To research, to write, is easy. But I can say without hesitation that it is absolutely wrong. I have greater appreciation now for the sacredness of the Constitution. I strongly believe that should it be changed, then it must be a work of men, not just one man or a few ones. It must be a work of the Filipino Nation. Every line must be debated. It should not be rushed. It should be a work that represents what it means to be Filipino and who we want to be.

People say that they are not in favor of charter change simply because it is Arroyo who is doing the pushing. I agree. In her hands this sacred document will be in jeopardy. The danger of it being a travesty is too great to ignore.

It isn’t also to say we should not consider changes in the future. Writing this has made me realize that an Amendment is simply not enough. We either need to throw it out the window or keep it. On the other hand some people think we shouldn’t waste time on this.

After all the endless debate, after all the push for charter change that seemingly all hellbent on this— wouldn’t you say that it is only right we ask our people? Put it out to a vote in 2010 that we may finally settle the issue. We need the voice of the taxi driver, the house help, the janitor, the housewife, the lowly office worker, the CEO, the OFW. We need everyone’s opinion on this. If our people agree, we can vote in Members of a Constitutional Convention after 2010. They can take as much time as possible to debate the merits of what our future ought to be. If changes need to be made, it need not be rushed. That is the wisest and best course.

Articles of Republic is licensed under:

Articles of Republic by Cocoy is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 Philippines License.

With the fighting having erupted over the weekend in North Cotabato, the need for a resolution of the constitutionality of the disputed and TRO’d Memorandum of Agreement on Ancestral Domain between the Arroyo Regime and the Moro Islamic Liberation Front has taken on a truly urgent nature.

Four days from now the Supreme Court will convene in full to hear the oral arguments of the petitioners against the MoA-AD led by local officials of North Cotabato and Zamboanga City (possibly joined by Senator Roxas who is filing a motion to intervene today) and the reply from government as represented by Solicitor General Agnes Devanadera, armed presumably with the inputs from the negotiating panel of Malacanang, Justice Secretary Raul Gonzales, and presidential legal adviser Sergio Apostol.

Last week legal eagles like retired Justice Isagani Cruz and Dean Raul Pangalangan also detailed their reservations against the MoA-AD.

I do not know if the two gentlemen will be asked by the Supremed Court to submit briefs and appear as amicus curiae on the 15th of August but we do pray their views will also get factored into the raging national debate.

This writer is not a lawyer. But I am a Filipino and a taxpayer so I hope I am equally entitled to say how I feel.

I think Mrs. Gloria Macapagal Arroyo is about to commit or may have already committed treason against the Republic.

May I also now share here the points related to me by former U.P. College of Law dean and former undersecretary of foreign affairs Merlin Magallona yesterday.

His points:

“1. The MoA-AD, as drafted and initialed by the members of the Philippine side and concurred to by their MILF counterparts and a Malaysian government representative standing as ‘mediator’ is in complete derogation of constitutionalism;

2. The Executive, acting through the Peace Panel, is way in gross trespass of the separation of powers;

3. Acts executed against the provisions of mandatory and prohibitory laws are void except when the law itself authorizes their validity;

4. Power and authority in the MoA-AD are way out of constitutional limitations with the Executive having exercised authoRity not defined by the fundamental law;

5. The MoA-AD was initiated by foreign interests;

6.The Bangsamoro Juridical Entity is not a person in law and has no juridical capacity to act;

7. The MoA-AD involves the abdication of sovereign powers;

8. The sovereignty question isnot a matter for a plebiscite as it in itself is a question of constitutionality;

9. The plan is premised on the Bangsamoro’s ‘reversion’ to a supposed sovereign state antedating the Republic;

10. Charter change being mentioned as necessary for the MoA to be implemented seeks, in reality, to remove the nationality requirement in the exploitation of natural resources.

The ten points laid down, its was also noted in this writer’s extended interview that it may be that the quid pro quo in the proposed peace pact with the MILF is not simply the issue of ancestral domain, but actually control of the reputed huge reservoir of natural gas deep in the Cotabato Liguasan marsh plus the territorial waters within the expanse of the expanded ARMM that will constitute the Bangsamoro Juridical Entity.

THE PHILIPPINE REPUBLIC IS, INDEED, IN GRAVE PERIL.

Note: I decided to cross post this from my blog given the relevance of Dean Magallona’s points. He is writing out a full paper and I as soon as I get it, I will share it here at FV.

I maintain that latest developments on the ground point to it unraveling:

1) With government and MILF forces just 200 meters apart in the first flashpoint in Midsayap, North Cotabato skirmishing;

2) The secessionist rebels withdrawing (repositioning, they call it) under threat of being flushed out by at least 3 battalions of PNP special action troops plus the 14th Infantry Division;

3) Growing calls in Congress and in the streets accusing the Arroyo administration of treason;

4) Challenges to its constitutionality;

5) The revelation that the BJE’s full creation is actually timelined to after the May 2010 election, leaving it to the next president to sort out the mess.

The Supreme Court is hearing the case filed by North Cotabato and Zamboanga City official on August 15 after which the high tribunal will decide if its current temporary restraining order will be turned into a preliminary injunction.

Against this backdrop, it is appalling that even the Supreme Court is being accused by certain quarters, among them lawyer Camilo Montesa, of “attempting to kill the Mindanao peace process.”

Is Montesa a peace advocate or a ‘sleeper’ out to help dismember the Republic? Interestingly this gentlemen headed the TWG (technical working group) of the Arroyo negotiating panel and drew up the time I am reposting below:

At the end of the day, even if that blasted MoA-AD is ruled to be constitutional (God forbid) , will the Filipino people judge it to be MORAL and NOT TREASONOUS?

Recently retired armed forces chief of staff Hermigenes Esperon says “this is not a declaration of war but a normal enforcement of the rule of law.”

“We are announcing these operations to stabilize the situation and put back the rightful owners of those lands.”

But Interior and local government secretary Ronaldo Puno says that if the Moro National Liberation Front does not vacate towns it has occupied by force in the Autonomous Region of Muslim Mindanao in the next 24 hours, “they will forcibly be separated from the area.”

Defense Aecretary Gilberto Teodoro adds:“It behooves on the MILF to do something to act on the situation because this is a litmus test on its good faith,”

Defense Secretary Gilberto Teodoro Jr. adds: “We cannot wait longer than a reasonable 24-hour period.”

The statements are clearly not just warnings to the secessionist rebel but a notice for government forces in Mindanao to effectively go on a war footing.

The 24-hour deadline is being announced just hours after President Gloria Macapagal Arroyo left for the Beijing Olympics.

Tonight as she tenders a morale-boosting dinner for our sports warriors, all 13 of them, Mrs. Arroyo’s mind will also surely be elsewhere: the battlefront in North Cotabato where 3 police battalions (about 1,800 men) are poised to go into action when the deadline given to the MILF expires at 10:00 a.m.

Now 3 days after the Supreme Court stopped the siging of the ill-crafted MoA on the establishment of a Bangsamoro Juridical Entity, her cabinet cluster on peace ational security is about to become a War Cabinet.

Sharing of Minerals on Territorial Waters:
Consistent with paragraphs 5 and 6 of the provisions on Resources, all potential sources of energy, petroleum in situ, hydrocarbon, natural gas and other minerals, including deposits or fields found within the territorial waters, shall be shared between the Central Government and the BJE in favor of the latter through production sharing agreement or economic cooperative agreement.

Is all this hoopla, about oil!?! If it is, can we just put in some revenue from VAT and give it to MIT researcher Daniel Nocera and others like him some money so we can develop alternative energy? that each household in this country can produce their own power? that we don’t have to fight over oil or Meralco or complain about the high cost of electricity for that matter? 

Can someone please explain to me in simple terms what exactly is wrong with Mindanao? Hasn’t there been an ARMM? Like has it been such a success story that the Republic is entering into an agreement with MILF that gives them autonomy?  Can’t the people of Mindanao, in a plebiscite decide once and for all if they are in favor of autonomy? And if they’re not, will MILF and others like them, lay down their weapons and build their homeland, which by-the-way would be the Republic of the Philippines, which coincidentally by the Constitution, doesn’t care whether you are Catholic or Atheist or Muslim?

And I would like to take this chance to apologize to the members of the Abu Sayyaf Group based in Jolo. It seems that, from the information being gathered so far, the group is not really the ones responsible for this stupid kidnapping caper. No.

Based on current information, there’s some credibility to the news that other groups, possibly belonging to a military asset, kidnapped Drilon and blamed it on the ASG. The fact that no statement has been issued by the terror group indicates that they are not really behind the abduction.

Nonetheless, I stand by my earlier posts demanding for the obliteration of the name “Abu Sayyaf”. I still believe that Muslims everywhere should do their duty to cleanse the name of Islam in Jolo and those of the kind people of Sulu and the Tausugs.

The “brand name” of the Abu Sayyaf has been tarnished beyond repair. Imagine, every lawless element there could just claim to be Abu Sayyaf members and demand a high ransom. The brand name has become synonymous with extremism, banditry, terrorism and plain kidnapping.

Preserve the purity of the Bangsamoro struggle by forming another group that would push the idea of independence without necessarily resorting to terrorism. If the Muslims are dead serious in their fight against imperial Manila, do so by following the precepts of Prophet Muhammad and his followers when they waged their own struggles in their times.

Muslims of Jolo should start cleansing their ranks by obliterating lawless elements and military agents in their midst. Afterwards, let them continue their struggle for Bangsamoro independence by using legitimate revolutionary tactics that combines both peaceful negotiations and armed struggle.