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CHAPTER XXI

FROM THE ISTUQUATERS HORN TO THE DECLARATION OF MARTIAL LAW

(1970 – 1972)

21.1. CRISIS IN SOCIETY

The economic conditions during the occupation led to many criminal acts. These
acts included petty thievery, robbery, murder, homicide, and other acts punishable by
law. Most of these acts were caused by hunger. Economic necessity drove many men
and women to commit those acts which constituted a crime against the state. When the
Americans returned in 1945, criminal acts continued to be committed. To some, these
acts became a habit. Consequently, what they did during the Japanese occupation was
continued after the return of the Americans. This continued commission of crimes
constituted the crisis in Filipino society.

This critical situation did not cease with the re-establishment of the
Commonwealth Government and with the inauguration of the Republic. The peace and
order situation worsened with the rebellion of the Hukbalahap.

 There were factors that tended to aggravate the critical situation.

First, the economic condition of the country, although much improved


since the return of the Americans, was not good enough to give employment to many
jobless people. Most of these jobless people posed a danger to society in that they were
easily led to a life beyond the law.

Second, morality had gone downs. low since the Japanese occupation that
many people did not care whether they violated the laws of the country provided they
earned enough money.

Third, after the war, many unscrupulous politicians protected criminals and
other bad elements of society who were employed as bodyguards.

Crimes committed by these people were either forgotten or not investigated


seriously because the unscrupulous among the politicians protected the criminals. Also,
relatives or friends of unscrupulous politicians were not afraid to commit crimes
because they knew their politician-friends would protect them.

These factors, taken together, contributed greatly to the crisis in Filipino society.
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President Marcos on the Crisis- In his message to the Congress of the


Philippines on January 24, 1966, he said that there was chaos in the country. The
government was earning only four million pesos a day, while it was spending about six
million pesos.

The industries, he added, had a very slow growth. Machines in factories had
stopped. The school facilities could not accommodate the increasing number of children
of school age. Communicable diseases continued "to take a heavy toll of life among our
people." Criminality was on the increase. President Marcos estimated that murder and
homicide were being committed every hour; theft every thirty minutes: robbery every
hour: estafa and falsification of document every two hours.

"These," said President Marcos sadly, "are some of the problems and realities in
our national life. I state them with candor; and in the light of their graveness, we must
solve them with vigor."

 First Acts

Realizing the critical situation of society, President Marcos, acting in accordance


with Proclamation 1081, immediately ordered Secretary of National Defense Juan Ponce
Enrile to arrest persons who committed crimes against the government, especially the
crime of rebellion or insurrection.

Also ordered arrested were those who had committed or will commit crimes such
as kidnapping, smuggling, price manipulation, carnapping, robbery, and related crimes.
Acting at once to implement the order, the Secretary of National Defense ordered the
Constabulary to make the necessary arrests.

In order to allay some people's fear that the military would rule, President
Marcos said it was not his intention to have the military take over the civil functions of
the government, the government of the Republic was, he said, still the government that
was established on July 4, 1946. In other words, the martial law that he proclaimed was
not absolute martial law, but only partial martial law. He was and in still a civilian
president being followed by the military authorities. In an absolute martial law, the one
followed is not the civilian president but the army commanders. (This is not true under
the present martial law)

 First Important Decrees

President Marcos's desire to help the peasants improve their status in society
could not be implemented under the old order of society. This was because there were
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elements antagonistic to his program of government. Now that he was free from such
elements, President Marcos moved swiftly to implement his land reform program.

In September 1972, he proclaimed the entire Philippines as land reform area.


In another decree, he ordered that poor farmers tilling the soil should be given three
hectares of irrigated land and five hectares of unirrigated land. He created the
Department of Agrarian Reform whose purpose is to facilitate the giving of land titles to
the landless peasants free of charge. As of the end of 1973, the number of land title
issued free of charge to poor farmers was about 100,000.

The speed with which the titles are being given to the landless farmers shows the high
efficiency of the government under martial law.

21.2. DECLARATION OF MARTIAL LAW

President Marcos tried to solve the problems he described in his first message to
Congress. In some cases, he succeeded, as in the increase in the production of rice in
1968. For the first time since the 1870's, the Philippines exported rice. After 1968, the
production again suffered owing to natural calamities such as floods, storms, and
drought.

Other problems like those of peace and order, the soaring of prices of
commodities, economic stagnation, dishonesty in and outside the government, the
lowering of morale, could not be solved because of the interference of the unscrupulous
among the politician.

Believing that only a strong executive could solve the problems without delay,
President Marcos issued Proclamation 1081 on September 21, 1972. This proclamation
placed the entire country under martial law. Under this regime, the President today
rules the country by issuing letters of instruction, general orders, and presidential
decrees.

In explaining the imposition of martial law, President Marcos said that the danger
of rebellion was great. This danger, he explained, had paralyzed the functions of the
national and local governments.

 The productive sectors of the economy have grounded to a halt.


 Many schools have closed down.
 The judiciary is unable to administer justice.
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In the Greater Manila area alone, tension and anxiety have reached a point
where the citizens are compelled to stay at home.

Lawlessness and criminality like kidnapping, smuggling, gunrunning, hoarding


and manipulation of prices, corruption in government, tax evasion perpetuated by
syndicated criminals, have increasingly escalated beyond the capability of the local
police and civilian authorities.

MARTIAL LAW AND THE NEW SOCIETY

FOR THE FIRST TIME since regaining our freedom in 1946, the Filipinos
experienced the impact of martial law (1972-81). President Marcos used martial law in
order to prolong his stay in power. He claimed other reasons in public society but these
objectives were secondary to his primary aim of becoming a dictatorial president and
establishing a political dynasty. "Power corrupts," as Lord Acton of England said, "and
absolute power corrupts absolutely." Thus, the strong powers assumed by Marcos
eventually did far more harm than good, because under the New Society which he
established, the Philippines suffered the worst political, economic and moral decline in
its postwar history.

 Proclamation of Martial Law

At 7:30 p.m. of September 23, 1972, President Marcos appeared on nationwide


radio and television to formally announce that he had placed the entire Philippines
under martial law as of 9 p.m. of the previous day, September 22, 1972, by way of
implementing Proclamation No. 1081, which he had signed even earlier, on September
21, 1972.

 The Legality of Martial Law

Martial law is an extraordinary measure taken by the head of state to defend or


to protect the people from extreme danger due to lawless violence, anarchy, rebellion,
or invasion. As President of the Republic, Marcos had the authority to impose martial
law under Article VII (Section 10, Paragraph 2) of the 1935 Constitution. His critics
pointed out, however, that when martial law was proclaimed, the country was not being
invaded or threatened with invasion, anarchy, insurrection or rebellion. It is true that
there were demonstrations and subversive forces, but these did not justify the extreme
measure taken by President Marcos.

 Explanations of Martial Law


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Several explanations for the imposition of martial law have been given. Briefly,
there are five interpretations, as follows:

1.The Official View. According to Proclamation No. 1081, the martial law edict, the
country was "in urgent danger of violent overthrow, insurrection, and rebellion."
Communist subversives rightwing oligarchs, Muslim rebels, urban terrorists, student
demonstrators, economic setbacks, criminals - and even natural disasters- were blamed
by the Marcos administration for the problems of the country and the need for the
extreme measures being taken to solve them. There would be no change of
government. President Marcos stressed that his martial law did not mean a military
takeover of the government. Civilian authorities would continue to rule.

In short, President Marcos was asking the Filipinos to accept the limitation on
them. Human rights in exchange for counter-measures to "save the Republic" and
"reform the society".

2. Marcos-Cronies-U.S. Plot. Another interpretation for the imposition of martial law


implicates President and Mrs. Marcos, their cronies, and American interests, or a
combination of these in a conspiracy to seize power. In its simplest from, this view
claims that martial law was the one-man coup of a power-hungry dictator. Marcos had
plotted and prepared this "conjugal dictatorship" since he became president in 1965. He
wanted to seize total power, smash all his opponents, and extend his presidential
tenure beyond the constitutional limit of eight years. Another view is that Marcos did
not act alone but in connivance with his wife, Mrs. Imelda Romualdez Marcos, and their
relatives and cronies. Thus, martial law would ensure the dominance of the Marcos
political dynasty (with his wife or son as heir) and the control by cronies of the
economy over rival elites

3. Democracy Had Failed. However, others felt that martial law became necessary
because democracy had failed in the Philippines, the "show case of democracy in Asia."
In this view, the American-style of democracy, which was based on the Protestant
tradition and established in an under-populated vast country with English-bred founding
fathers did not flourish in a Catholic country of mixed culture, as over-populated, small
and poor as the Philippines was. For example, Foreign Secretary Romulo regretted that
"we never had the substance of democracy". The new system was "an attempt to find
the middle ground, an effort to restore national discipline." President Richard M. Nixon
said that the U.S. had granted the Philippines independence too soon. Former Senator
William Fulbright thought that the Philippines has become a nation of "fifty million
cowards".
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4. Democracy Never Existed. To the Communist and left-wing radicals, democracy


never really existed in the Philippines. Martial law was only "the end of an illusion."
Democratic institutions, they claimed, had long been destroyed by rich oligarchs and
American neo-colonialists. The fourth anniversary statement of the New People's Army
(NPA) dismissed the Now Society under martial law as only "the old society becoming
more oppressive and exploitative."

5.Democracy Was Just Succeeding. One final view held that real democracy was
just succeeding in the Philippines, because political institutions were rapidly improving.
Necessary reforms were being worked out in Congress and in the Constitutional
Convention (Con-Con). But martial law had aborted the entire process of growth.

As evidence that democracy was succeeding in the Philippines, it was claimed


that political activism and nationalism had been strong. Urban workers, plantation
workers and farmers were being organized into unions, federations and cooperatives.
Religious groups had pinned the activist group. Economic policy and foreign policy were
steadily becoming more nationalistic.

 Martial Law Measures.

The martial law measures were contained in a contingency plan secretly


prepared in advance by the President and military advisers. The plan, code-named
Oplan Sagittarius, was put into effect starting on September 21, 1972, two days before
the official declaration of the proclamation.

Thousands of anti-Marcos politicians, student activists, suspected or real


communists, media critics, intellectuals, professionals and others were arrested and
herded into military stockades.

All newspapers, television and radio stations, printing presses and other means
of mass media were closed and placed under-military control. Some of them were later
permitted to reopen but under strict censorship. The spreading of "false rumors" was
made subject to the death penalty.

Vital public utilities and industries, including the Manila Electric Company
(Meralco) and Philippine Long Distance Telephone Company, and the Iligan Integrated
Steel Mill, were seized and placed under government control.

All student demonstrations and rallies, public political meetings, and labor strikes
were strictly prohibited. Curfew was imposed from midnight to 4 a.m. All schools were
closed for one week.
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A travel ban was imposed on Filipinos who wanted to go abroad, except on


official missions. It was lifted on August 22, 1977, together with the curfew.

Private armies of influential politicians numbering 145, were disbanded.

Firearms and explosives were confiscated from the people. It was said that
during the first nine months of martial law alone, the number of confiscated weapons
totaled 528,614 firearms of all kinds, including homemade guns.

Finally, the Congress of the Philippines, the lawmaking body under the 1935
Constitution, was abolished. And special military tribunals were created to try cases
involving "crimes against national security" and "crimes against the public order", with
jurisdiction over civilians.

The initial reaction of the general public was one of shock and fear. However,
when a degree of normalcy returned and no uprising or large-scale violence occurred,
and even the crime rate decreased, most of the public came to accept the martial law
regime.

21.3. THE 1971 CONSTITUTION CONVENTION AND 1973 CONSTITUTION

The Philippine Constitutional Convention of 1971 was called to change the 1935
Constitution of the Philippines. The delegates were elected on November 10, 1970,
and the convention itself was convened on June 1, 1971. It was marked by
controversies including efforts to uphold term limits for incumbent President Ferdinand
Marcos, and a bribery scandal in which 14 people, including First Lady Imelda Marcos,
were accused of bribing delegates to favor the Marcos.

 Adoption of the 1973 Constitution.

Shortly after the start of martial law, the delegates to the Constitutional
Convention (Con-Con) reassembled and resumed work, except for the anti-Marcos
delegates who had been detained in the military stockades. They worked more quickly
and finished the new constitution on November 29, 1972, signing it on the following
day.

On December 1, 1972, copies of the signed constitution were given to President


Marcos, who in turn submitted it to the people for ratification. In the plebiscite of
January 10-15, 1973, the hastily-arranged citizens assemblies, composed of voters
(including the youth down to 15 year olds), were reported to have ratified the
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constitution by a 95% positive majority, in open and group voting by raising their
hands. At noon of January 17, 1973, President Marcos signed the constitution and put it
into immediate effect.

 The Validity of the 1973 Constitution.

Various legal protests were filed with the Supreme Court, firstly on the legality of
the plebiscite and secondly on the ratification of the 1973 Constitution itself. On
January 22, 1973, five days after the Marcos proclamation of the ratification of the
constitution, the Supreme Court dismissed the plebiscite cases as moot and academic.

The Court's historic decision on the four ratification cases was handed down on
April 2, 1973. By a majority vote, the Court decided that, although the 1973
Constitution had not been validly ratified by a secret vote or qualified voters, it was
legally in force because of the presidential proclamation.

 The 1973 Constitution

In order to have a new constitution for the country, the Constitutional


Convention was called in June 1971. It was to frame a constitution to replace the
Constitution of 1935. The Constitutional Convention met in the first week of June 1971.
When martial law was proclaimed in September 1972, the Convention voted
unanimously to continue working until the Constitution was finished.

From January 10 to 15, 1973, the citizen assemblies met in a general assembly
called Kapulungan in order to discuss the new Constitution. The Kapulungan was asked
by President Marcos to answer the following questions:

1. Do you approve of the Citizens Assembly as a way of popular government to


decide issues affecting our people?
2. Do you approve of the New Constitution?
3. Do you want a plebiscite to be called to ratify the New Constitution?

The Kapulungan overwhelming answered the first two questions with "Yes". The
third question was answered with a loud "No." With the results of the referendum
known.

President Marcos signed before the Kapulungan three proclamations:


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(1) a proclamation announcing the approval of the new Constitution by the people
effective as of noon of January 17, 1973:
(2) a proclamation stating that the interim National Assembly as provided for in the
new Constitution would not be convened; and
(3) a proclamation which said that martial law was to continue.

When the new Constitution took effect, the old Congress was automatically
abolished. At the same time, the form of government was changed from presidential to
parliamentary.

 The Referendum of July 1973

In order to know whether the people were for the continuance of martial law or
not, President Marcos ordered a national referendum to be held on July 27, 1973. The
referendum was to determine whether martial law had been effective in protecting the
people's rights and in effecting the rapid progress of Filipino society.

This question was:

Do you want President Marcos to continue beyond 1973 and finish the reform he
has initiated under Martial Law?

The voting was conducted under the auspices of the barangays throughout the
country. (For the first time in the history of voting in the Philippines, the fifteen-year
olds were allowed to vote. The referendum resulted in 90.67% of the total votes cast
answering "yes" to the question. This means that the people had faith in President
Marcos and wanted him to continue in office to finish his work of changing Filipino
society to make it alive, industrious, honest, and self-sacrificing.

 First Results
 Many people believed that the proclamation of martial law was timely.
 The proclamation of martial law prevented the collapse of the government.
 In spite of the insufficiency of rice, the government of the New Society was able
to tide over the crisis through swift measures designed to help the people.
 Honesty has taken the place of dishonesty in the public service.
 Efficiency has taken the place of laziness.
 Courtesy in dealing with the public is now a common sight in government and
private offices.
 Criminality has been lowered to the minimum.
 The judiciary, which was suspected of having been contaminated with the taint
of corruption in the old society, has become the symbol of justice.
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President and Mrs. Marcos also encouraged and are encouraging the people to
make their surroundings clean in order to improve the health of the nation. The First
Lady, in particular directed the "Green Revolution" throughout the country. Its aim is to
make people plant vegetables and fruit trees in their backyard or in empty lots. It aims
to encourage production of more foodstuff in order to bring down prices of prime
commodities and to make tilling the soil a dignified undertaking.

With President Marcos freed from the hold of bad politicians, he was able to
encourage people to pay their taxes to the government. This campaign to pay taxes
honestly gave the government about a billion pesos paid by those who had not
previously paid their taxes correctly.

 The National Artists

President and Mrs. Marcos were concerned not only with improving the country's
finances and the people's welfare, but also in the welfare of artists and writers. Aside
from the role of the Cultural Center, which was Mrs. Marcos's "brainchild", the First
Couple also encouraged and still encourage artists and writers to do their best. Early in
1972, when the great painter, Fernando Amorsolo, died, President and Mrs. Marcos
honored him with an official necrological services and with the title National Artist.
Amorsolo was the first Filipino to win such an honor. On May 15, 1973, President
Marcos issued Proclamation No. 1144 declaring Francisca Reyes Aquino, Carlos V.
Francisco, Amado V. Hernandez, Antonio J Molina, Juan F. Nakpil, Guillermo E.
Tolentino, and Jose Garcia Villa national artists. Two of the national artists are dead:
Carlos V. Francisco, a great painter, and Amado V. Hernandez a great poet and labor
leader. Each of the National Artists was given a plaque and a cheque for P10.000. The
living National Artists are to receive P2,000 a month as long as they live. When anyone
of them des, he or she will be given an official funeral with the government paying all
the expenses.

In giving this kind of protection to artists in general, President and Mrs. Marcos hope
that great efforts will be exerted by talented writers and artists so that they can
produce works of art worthy of national honor.

 Salient Features of the 1973 Constitution.

The original 1973 Constitution, as drafted by the 1971-72 Constitutional


Convention, was a very different charter from the one amended in 1976, 1980, 1981
and 1984.
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Other provisions were totally amended in a relatively brief period of time as to


change the intent of the original framers of the constitution. After 38 amendments in its
thirteen-year history, the 1973 Constitution became the most-amended written
constitution in the world.

Most of these changes were tailor-made to suit the desire of Marcos to rule as a
strong president in a "constitutional authoritarianism" critics called the system a tyranny
or dictatorship.

The 1973 charter was the most controversial constitution in Philippine history
due to its illegal ratification. Among the salient features of the 1973 Constitution were
the following:

1. It would have established for the first time in Philippine history a parliamentary
government, with the prime minister as the head of government and the
president as a ceremonial head of state. Both were to be elected by the National
Assembly from its members. The prime minister would have exercised both
executive and legislative powers. This was not implemented. Instead President
Marcos continued to rule under martial law powers until 1981 (see the sections
on the 1976 and 1981 amendments).
2. The legislative powers would have been vested in a unicameral National
Assembly composed of assemblymen elected by the people. Under the transitory
provisions to the Constitution (Article XVII, an interim National Assembly would
have been the President and Vice-President, members of the old Congress who
wished to serve, and all the Con-Con delegates who voted for the controversial
transitory provisions. They would have enjoyed all the rights and privileges of
regular assembly members.
3. The 1973 Constitution emphasized the duties and obligations of citizens, as well
as their rights. Voting was made compulsory for qualified voters, and suffrage
was extended to illiterates and the youth down to 18-year olds.
4. The parity right amendment allowing American citizens and corporations the
same right as Filipinos to own property and exploit natural resources was
terminated on July 3, 1974
5. The transitory provisions legalized all decrees, proclamations and orders of
President Marcos and extended his term of office beyond 1973.

A second referendum held on July 27-28, 1973, asked the people to indicate
whether they wanted President Marcos to continue beyond 1973 and finish the reforms
he had begun under martial law. According to the official results, 90% of the voters
voted yes.
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In a third referendum on February 27-28, 1975, it was reported that 92% of the
voters wanted the President to continue exercising his strong powers under martial law.

 The 1976 Amendments

Before the 1973 charter could be fully implemented, it was amended. On


September 22, 1976. President Marcos submitted to the people for ratification nine
amendments in a referendum-plebiscite on October 1617, 1976. It was reported that
the people had ratified the nine amendments by a 90% yes majority. On October 27,
President Marcos proclaimed the ratification of the amended constitution. Among the
amendments were the following:

1. Instead of the National Assembly or interim assembly, an Interim Batasang


Pambansa would be established. It would be composed of not more than 120
members, including the incumbent President, with regional representatives
elected from the different regions, sectoral representatives and cabinet members
appointed by the President.
2. President Marcos would also become the Prime Minister, and he would exercise
the powers of both offices.
3. The sixth amendment authorized President Marcos to make laws outside the
parliament when he deemed it necessary. According to this amendment,"
Whenever in the judgment of the President (Prime Minister), there exists a grave
emergency or a threat or imminence thereof, or whenever the Interim Batasang
Pambansa or the regular National Assembly fails or is unable to act adequately
on any matter for any reason that in his judgment requires immediate action, he
may in order to meet the exigency, issue the necessary decrees, orders or letters
of instructions, which shall form part of the law of the land.
 The 1980 Amendment.

In a plebiscite on January 30, 1980, the voters ratified a Marcos-sponsored


amendment to extend the retirement age of members of the judiciary from 65 to 70
years. His critics alleged that this amendment barred Justice Claudio Teehankee, an
independent-minded judge, from becoming the next Chief of Justice of the land.

 "To Save the Republic"

One of the objectives of President Marcos in declaring martial law was "to save
the Republic" from anarchy, secession, rebellion and takeover by subversive elements,
At the beginning of martial law, a one-man government was established under the
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aegis of the new constitution. Officially, it was called a "constitutional authoritarianism";


but in reality it was a dictatorship by President Marcos.

The first achievement of President Marcos under the martial law was restoration
of peace and order. He accomplished this by the was mass arrest and detention of
political prisoners as well as suspected criminals; disbanding and disarming political
warlords and their hired goons; by confiscating illegal firearms; and by imposing the
curfew.

Furthermore, the media were instructed to censor news of crimes, except those
showing positive efforts for law and order.

November 13, 1973, he named Luninding Pangandanan as first Muslim


ambassador to Saudi Arabia and Judge Mama D. Busran as the first Muslim associate
justice of the Court of Appeals.

The Philippine government under martial law spent millions of pesos in the Moro
land for the building of roads, bridges, school-houses, irrigation systems, mosques
(Islamic churches) and other infrastructure projects. The annual Filipino Muslim pilgrims
to Mecca, Islam's holiest city in Saudi Arabia, were given aid and protection by the
government.

For the first time in history, the Filipino Muslims obtained a foot-hold in Catholic
Manila. A Golden Mosque was built for them in 1977 at Quiapo, Manila, within the heart
of Christianity in the Philippines.

A Muslim village, called Maharlika, was established at Barrio Bicutan, Taguig,


Rizal Province.

An Islamic Studies Institute was opened at the University of the Philippines and
an Islamic Affairs Ministry was created.

Most pleasing to the Filipino Muslims was President Marcos proclamation on


September 16, 1973, making Sultan Kudarat, a Maguindanao sultan, a national hero of
the Philippines and ordered the Bureau of Posts to issue a special commemorative
stamp for him.

Five new Moro Provinces were created by President Marcos in October 1973
namely Sultan Kudarat, Maguindanao, North Cotabato, Basilan, and Tawi-Tawi.
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A special bank for Filipino Muslims called the Philippine Amanah Bank was
established at Marawi City on August 3, 1973, with an authorized capital stock of
P100,000,000

By Presidential Decree No. 1083, dated February 6, 1977, President Marcos


issued the Muslim Code, based on the Qu'ran and Islamic traditions.

In compliance with the Tripoli Agreement (December 23, 1976), President


Marcos proclaimed on March 26, 1977 an autoTIOmous region in the Moroland
consisting of the so-called 13 Moro Provinces: Basilan, Tawi-Tawi, Sulu, Zamboanga del
Norte, Zamboanga del Sur, Lanao del Norte, Lanao del Sur, Maguindanao, North
Cotabato, Sultan Kudarat, Palawan, Davao del Sur and South Cotabato.

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