Module 11

The Bangsamoro and GPH Peace Process

MARCOS AND THE 1976 TRIPOLI AGREEMENT AND ITS IMPLEMENTATION

The TRIPOLI AGREEMENT was an agreement between the Government of the Republic of the
Philippines (GRP) and the Moro National Liberation Front (MNLF) with the participation of the
Quadripartite Ministerial Commission members of the Organization of Islamic Conference (OIC) and
the Secretary General of the OIC which provided for the establishment of AUTONOMY in the Southern
Philippines comprising the following provinces:
1. Basilan 9. Sultan Kudarat
2. Sulu 10. North Cotabato
3. Tawi-tawi 11. South Cotabato
4. Zamboangadel Norte 12. Davao del Sur
5. Zambongadel Sur 13. Palawan (including all the cities and
6. Lanao del Norte villages situated in the above mentioned
7. Lanao del Sur Provinces)
8. Maguindanao

This agreement also provided that in the areas of autonomy, a Legislative Assembly and an
Executive Council should be formed and the Muslims should have the right to set up their own courts
which will implement the Islamic Laws (Shari’ a). It further allowed the Philippine Government to take
all the necessary constitutional processes for the implementation of the entire Agreement.
The Tripoli Agreement was signed on December 23, 1976 at Tripoli Libya. The signatories were:
• Carmelo Barbero (Undersecretary of National Defense for Civilian Relations), representing the
Philippine Government.
• Nur Misuari (Chairman of the MNLF), representing the Moro National Liberation Front (MNLF).
• Dr. Ahmed Karim Gai (Secretary-General of the OIC).
• Dr. Ali Abdussalam Treki (Libyan Minister of State for Foreign Affairs), chairman of the
negotiation.

The members of the Quadripartite Ministerial Commission were the representatives from:
1. Libya
2. Saudi Arabia
3. Somalia
4. Senegal

The function or task of the Commission was to enter into discussion with the Philippine
Government about the situation of the Muslims in the Southern Philippines.
IMPLEMENTATION OF THE 1976 TRIPOLI AGREEMENT
To implement the Tripoli Agreement, Ferdinand Marcos did the following:
 1. Proclamation No. 1628, it was issued on March 25, 1977 declaring autonomy in Southern
Philippines (in those 13 provinces) and creating Provisional Regional Government.

2. Decreed the holding of referendum-plebiscite on April 17, 1977 to determine the manner in
which the inhabitants of the areas of autonomy may wish to organize themselves
administratively. The result of the referendum, only ten (10) provinces voted for autonomy thus
reducing the areas of autonomy from thirteen (13) provinces (as agreed in the Tripoli
Agreement) to ten.

3. Created two Regional Autonomous Governments (RAGs) in the Southern Philippines such as
Region 9 and Region 12 composed of ten provinces (five for each region).

Region 12
Region 9 1. Lanao del Norte
1. Sulu 2. Lanao del Sur
2. Tawi-tawi 3. North Cotabato
3. Basilan 4. Maguindanao
4. Zamboangadel Sur 5. Sultan Kudarat
5. Zamboangadel Norte Not included in the two autonomous
regions were:
1. South Cotabato
2. Davao del Sur
3. Palawan

4. Presidential Decree No. 1618, it was issued on July 25, 1979 implementing the organization of the
Sangguniang Pampook and the Lupong Tagapagpaganap ng Pook in the Autonomous Regions 9 and
12 and it further defines the scope of internal autonomy of the Autonomous Regions and the powers
and functions of the Sangguniang Pampook.
The Sangguniang Pampook and the Lupong Tagapagpaganap ng Pook were created or organized by
Batas PambansaBlg. 20 on March 23, 1979.
a. Sangguniang Pampook. It was the Regional Legislative Assembly exercised the legislative
powers, thus, it was the law-making body of the autonomous region.
b. Lupong Tagapagpaganap ng Pook. It was the Regional Executive Council, the body which
executed or implemented or caused the implementation of the laws and enactments passed
by the SangguniangPampook.

5. Presidential Decree No. 1083 (The Code of Muslim Personal Laws). It was issued on February 4,
1977. This code recognizes the legal system of the Muslims in the Philippines as part of the law of
the land and seeks to make Islamic instructions more effective.
Presidential Decree No. 1083 embodies Muslim personal laws pertaining to:
1. Personal Status
2. Marriage and Divorce
3. Rights and Obligations and Property Relations between husband and wife
4. Property Filiations
5. Parental Authority
6. Support and Maintenance
7. Succession and Inheritance
The following constitute the machinery for the administration and enforcement of P.D. 1083:
1. Shari’ a Courts (Shari’ a Circuit and District Courts)
2. Agama Arbitration Council
3. Jurisconsult in Islamic Law

• Agama Arbitration Council. It is an ad hoc body constituted by Shari’a Court in cases such as divorce
(by Talaq or Tawjid) or subsequent marriages and those offences against customary law. The function
of the council is to give advice or to bring about conciliation or an amicable settlement between
parties.

• Jurisconsult in Islamic Law. The one who renders legal opinion, based on recognized authorities,
regarding any question relating to Muslim law. He must be at least 40 years old, of food moral
character and proven integrity, an eminent scholar in the Qur’an, Hadith and in Islamic jurisprudence
and he must also be proficient in Arabic.
Marcos also created several offices to attend to the specific needs of Muslim Filipinos. These offices
were:
1. Commission on Islamic Affairs. The president’s arm for the direct assistance to Muslims in Southern
Philippines.
2. Agency for the Welfare and Development of Muslims. This gave assistance in welfare and religious
activities of the Muslim Filipinos.
3. Philippine Pilgrimage Authority (Hajj). This made the necessary arrangements and subsidized the
annual hajj to Makka.
4. Office of Islamic Affairs. This supervised harmonious relations with Islamic states. Later, this was
changed to the Office of Muslim Affairs (OMA). Now, the OMA is replaced by the National Commission
on Muslim Filipinos.
It was also during the time of Marcos that the Philippine Amanah Bank was created with branches
established in Zamboanga City, Marawi City, Cotabato City and Jolo. This special “Islamic Bank” was created
to provide loans and credits to the Muslim Filipinos in accordance with Islamic principles.
However, Marcos implementation of the Tripoli Agreement created disagreements between the MNLF
and the Philippine Government which prompted the MNLF to revive its original demand for independence
and renew its struggle against the government.
CORY AQUINO’S ADMINISTRATION AND THE ESTABLISHMENT OF THE AUTONOMOUS REGION IN MUSLIM
MINDANAO (ARMM)
In 1986, Corazon C. Aquino became the president of the Philippines as a result of the People Power
Revolution which forced Marcos to leave the country. Negotiations between the MNLF and Aquino’s
Administration again failed because they could not accept each other’s demands; neither could they agree
on a compromise. The MNLF insisted on the full implementation of the Tripoli agreement while the Philippine
Government emphasized the constitutional provisions on the establishment of autonomy in Muslim
Mindanao.
The present Autonomous Region in Muslim Mindanao (ARMM) was established during the
administration of the former President Aquino, and was created within the framework of the following:
• 1987 Philippine Constitution
• National Sovereignty of the Republic of the Philippines
• Territorial Integrity of the Republic of the Philippines
 The 1987 Philippine Constitution provided that “creation of the autonomous region shall be effective
only when approved by the majority constituent units in a plebiscite called for the purpose.” And pursuant
to this provision, on November 19, 1989, a plebiscite was held in the thirteen (13) provinces agreed in the
Tripoli Agreement. In that plebiscite, the people were asked to ratify the Organic Act for ARMM which is
Republic Act 6734 enacted by Congress on June 8, 1989 with the assistance on June 8, 1989 with the
assistance and participation of the Regional Consultative Commission (RCC) and signed into law by former
President Corazon Aquino on August 1, 1989. Four provinces ratified the Organic Act and this result
determined the territorial coverage of the Autonomous Region in Muslim Mindanao. The four provinces
included in the ARMM are the following:
1. Lanao del Sur 3. Sulu
2. Maguindanao 4.Tawi-tawi

The Republic Act 6734 (the Organic Act for ARMM) defines the following:
1. The basic structure of Government for the Autonomous Region of the executive department and the
legislative assembly both of which shall be elective and representative of the constituent political units.
2. It provides for Special Courts with personal, family and property law jurisdiction consistent with the
provisions of the Philippine Constitution.
FIDEL RAMOS AND THE 1996 GRP-MNLF FINAL PEACE AGREEMENT
In 1992, Fidel V. Ramos was elected president of the Republic of the Philippines. One of his
immediate concerns was to pursue a peaceful settlement of the armed conflict in Mindanao involving the
Moro National Liberation Front. The peaceful negotiations with the MNLF which was started in 1992 ended
with the signing of the GRP-MNLF Peace Agreement and with Nur Misuari’s acceptance of the Government
offer to become the chairman of the Southern Philippine Council for Peace and Development (SPCPD). Nur
Misuari was also persuaded to become the Government’s official candidate in the election for ARMM
governor. After signing two statements of understanding and interim agreements in four rounds of formal
peace talks all held in Jakarta, Indonesia (in 1993, 1994, 1995 and 1996), the Philippine Government and
MNLF finally concluded their peace talks with the signing of the GRP-MNLF Peace Agreement.
The 1996 GRP-MNLF Peace Agreement is the final agreement on the implementation of the 1976
Tripoli Agreement between the Government of the Republic of the Philippines (GRP) and the Moro National
Liberation Front (MNLF) with the participation of the Organization of Islamic Conference Ministerial
Committee of the Six and the Secretary-General of the OIC.
This agreement was signed in Manila on September 2, 1996. The signatories were:
• Ambassador Manuel T. Yan, he represented the Government of the Republic of the Philippines
• Prof. Nur Misuari, he represented the Moro National Liberation Front
• Ali Alatas (Indonesian Minister of Foreign Affairs), he was the chairman of the OIC Ministerial Committee
of the Six
• Dr. Hamid Al-Gabid, he was the secretary general of the OIC.

The members of the Ministerial Committee of the Six were representatives of:

1. Libya 3. Somalia 5. Indonesia

2. Saudi Arabia 4. Senegal 6. Bangladesh

IMPLEMENTATION OF THE 1996 GRP-MNLF FINAL PEACE AGREEMENT

The GRP-MNLF Peace Agreement is to be implemented in two (2) stages or phases.
PHASE 1. It covers a three (3) year period (1996-1999) which includes:
1. The establishment of the Special Zone for Peace and Development (SZOPAD), Southern Philippine Council
for Peace and Development (SPCPD), the Consultative Assembly.
2. The joining of the MNLF elements with the Armed Forces of the Philippines (AFP) and the Philippine
National Police (PNP)
PHASE 2. Implementation of the Peace Agreement involves:
1. The amendment of the Organic Act (Republic Act 6734) of the Autonomous Region in Muslim Mindanao
(ARMM) through Congressional action, after which the amendatory law passed by the Congress and
approved by the President shall be submitted to the people for approval in a plebiscite in the concerned
areas. The plebiscite will determine the establishment of a new autonomous government and the specific
area of autonomy.
2. The establishment of a new Regional Autonomous Government. The new area of autonomy shall be
determined by the provinces and cities that will vote or choose to join the autonomy.
The Special Zone for Peace and Development in the Southern Philippines covers the provinces of:

1. Basilan And the cities of:

2. Sulu
3. Tawi-tawi 1. Cotabato
4. Zamboanga del Norte 2. Dapitan
5. Zamboanga del Sur 3. Dipolog
6. Lanao del Norte 4. General Santos
7. Lanao del Sur 5. Iligan
8. North Cotabato 6. Marawi
9. South Cotabato 7. Pagadian
10. Maguindanao 8. Zamboanga
11. Sultan Kudarat 9. Puerto Princesa
12. Davao del Sur
13. Sarangani
14. Palawan

The Southern Philippines Council for Peace and Development (SPCPD) composed of one (1)
chairman, one (1) vice-chairman and (3) deputies representing the Muslims, the Christians and the
cultural communities.
The SPCPD is a transitory administrative arm under the control and supervision of the
President. It has no governing or law-making power. Its main power and function is to take charge in
promoting, monitoring, coordinating and implementing the improvement of peace and order in the
area.
The 1996 GRP-MNLF Peace Agreement, however, partly solved the problem on armed conflict
in Mindanao. The Philippine Government is still confronted with another serious problem. The Moro
Islamic Liberation Front (MILF) is not willing to compromise its demand for the establishment of an
independent Islamic state in Mindanao.
 THE GOVERNMENT OF THE PHILIPPINES (GPH) AND THE MORO ISLAMIC LIBERATION FRONT
(MILF), 1997 to 2012
Some of the reasons why Moro Islamic Liberation Front (MILF) negotiated with the Philippine
Government even after the signing of the 1996 Final Peace Agreement according to Mohagher Iqbal.
1. The MNLF has given up the Right-to-Self-Determination (RSD) in the 1996 Final Peace
Agreement. The RSD is expressed in the past tense.

“Whereas, the MNLF, led by Professor Nur Misuari, inspired by their quest for peace and
prosperity, had in the past asserted the right of the Moro people to freely determine their
political status and freely pursue their religious, social, economic and cultural development;”

2. The MNLF has agreed that in case of conflict in the interpretation of the 1996 Final Peace
Agreement then the interpretation of the Philippine Government must be observed.

“This Peace Agreement, which is the full implementation of the 1976 Tripoli Agreement,
embodies and constitutes the totality of all the agreements, covenant and understandings
between the GRP and the MNLF respecting all the subject matters embodied herein. This
Agreement supersedes and modifies all agreements, consensus, covenants, documents and
communications not referred to or embodied in this Agreement or whose terms and conditions
are otherwise inconsistent herewith. “Any conflict in the interpretation of this Agreement shall
be resolved in the light of the Philippine Constitution and existing laws.”

The peace negotiations or peace process between the Government of the Republic of the
Philippines (GRP) and non-state entity Moro Islamic Liberation Front (MILF) is divided into two phases:
First Phase or Domestic Stage (1997-2000) and Second Phase or International Stage (2001-2012).

First Phase or Domestic Stage (1997-2000)

The initial meeting of GRP and MILF members of the technical committees on agenda setting
at Da’wah Center, Crossing Simuay, Sultan Kudarat, Magindanaw on January 7, 1997 marked the
starting point of formal peace negotiations between GRP and MILF.

The First Phase of the peace negotiations from 1997 to 2000 revolved mainly around on
security issues and cessation of hostilities. Confidence-building measures and Armed Forces of the
Philippines (AFP) - Bangsamoro Islamic Armed Forces (BIAF) ceasefire matters were firmed up in the
early stages of the negotiations. This stage likewise distinguished as Diplomatic Stage, during which
negotiations were conducted inside the Philippines, Mindanao to be exact, without third party
facilitation, mediation and international players.

“ALL-OUT WAR”
Joseph Ejercito Estrada at the town hall of Kauswagan, Lanao del Norte on March 22, 2000
halted and suspended the conduct of peace negotiations, caused the MILF to counter-declare “all-out
jihad” against the government and the withdrawal of MILF peace panel from the negotiating table.
The Domestic Stage had ended with this suspension of peace talks from June 2000 to
February 2001 without signing any agreements on substantive issues.
 Second Phase or International Stage or Diplomatic Stage (2001-2012)

The Second Stage of the negotiations is marked with the involvement of international players,
particularly Malaysia, as third party facilitator. The talks entered into substantive discussions outside
of the cessation of hostilities and rehabilitation and development, with the entry of the parties into
discussions on ancestral domain. Thirteen (13) years after the first GRP-MILF meeting, the talks are
now in the midst of substantive discussions.

Negotiations conducted post MOA-AD highlight several important mechanisms such as the
formation of the International Contact Group (ICG). The ICG is primarily mandated to exert the
necessary leverage and assistance towards sustaining the trust and confidence of both sides at the
negotiating table. The mandates of the ceasefire mechanism, especially of the International Monitoring
Team (IMT) and that of the Ad Hoc Joint Action Group or AHJAG, were likewise renewed at the event of
the resumption of the GRP-MILF negotiations in December 2009.

MEMORANDUM OF AGREEMENT ON ANCESTRAL DOMAIN (MOA-AD)

The draft Memorandum of Agreement on Ancestral Domain (MOA-AD) was finalized and initialed
on July 27, 2008, and was scheduled for signing on August 5, 2008 in Kuala Lumpur, Malaysia.
However, it was restrained by the Supreme Court on the same day. Serious objections to the draft
agreement by local officials in the affected areas and the attacks from renegade MILF elements on
civilian communities in several parts of Mindanao prompted a policy decision. The non-signing
triggered attacks from renegade MILF elements. By November 2008, Malaysia decided to pull out its
contingent in the Malaysian-led IMT. It would only be in July the following year that backchannel efforts
led to the effecting of a GPH SOMO (Suspension of Military Operations) and MILF SOMA (Suspension
of Military Actions).

It should be noted that the ill-fated MOA-AD was NOT envisioned or intended to be the GPH-
MILF Final Peace Agreement. Even if the MOA-AD were signed, the mechanisms and modalities of
governance would still have had to be spelled out in a Final Peace Agreement / Comprehensive
Compact. It only discussed the last of the three (3) substantive aspects of the 2001 Tripoli Peace
Agreement (the two earlier aspects being Security Mechanisms and Rehabilitation & Development,
which have been earlier agreed upon).

FRAMEWORK AGREEMENT ON BANGSAMORO (FAB)

The Framework Agreement on the Bangsamoro is a preliminary peace agreement signed in the
Malacañang Palace in Manila, Philippines on 15 October 2012. The Framework Agreement calls for
the creation of an autonomous political entity named Bangsamoro, replacing the Autonomous Region
of Muslim Mindanao (ARMM) which was described by President Benigno Aquino III as "a failed
experiment".

The Four Annexes and the Addendum to the FAB:

a. Annex on Transitional Modalities and Arrangements (signed Feb. 27, 2013), which establishes the
transitional process for the establishment of the Bangsamoro. It details the creation of a transition
commission, a Bangsamoro Basic Law, and a Bangsamoro Transition Authority

b. Annex on Revenue Generation and Wealth Sharing (signed July 13, 2013), which enumerates the
sources of wealth creation and financial assistance for the new entity.

c. Annex on Power Sharing (signed Dec. 8, 2013), which discusses intergovernmental relations of the
central government, the Bangsamoro government and the local government units under the Bangsamoro
d. Annex on Normalization (signed Jan. 25, 2014), which paves the way for the laying down of weapons of
MILF members and their transition to civilian life. Normalization is the process through which the communities
affected by the conflict in Mindanao can return to peaceful life and pursue sustainable livelihood.

e. Addendum on the Bangsamoro Waters and Zones of Joint Cooperation (signed Jan. 25, 2014), which
details the scope of waters under the territorial jurisdiction of the Bangsamoro (12 nautical miles from the
coast) and Zones of Joint Cooperation or bodies of water (Sulu Sea and Moro Gulf) within the territory of the
Philippines but not within the Bangsamoro
– The Agreement on Peace signed in Tripoli in 2001, laying down the agenda for the peace talks
– The Declaration of Continuity of Negotiation signed in June 2010, which picked up the pieces from the
failed memorandum of agreement on ancestral domain (MOA-AD).

COMPREHENSIVE AGREEMENT ON THE BANGSMAORO

It was signed between the Philippine government and the MILF on March 27, 2014. Its also
called as CAB a five-page, 12-point text document representing the final peace agreement between the GPH
and the MILF. The signing of the CAB is the culmination of the 17 years of peace negotiations between the two
parties and will pave the way for a Bangsamoro autonomous political entity.

BANGSAMORO TRANSITION COMMISSION

The body tasked to draft the charter or Bangsamoro Basic Law for the future Bangsamoro
government. The body was created by virtue of Executive Order 120. Eight of the members were
nominated by the MILF while 7 were nominated by the government. The government has allocated an
initial P100 million for the Transition Commission.

SABAH DISPUTE
The Sabah Claim or Dispute refers to the territorial dispute between Malaysia and the
Philippines over much of the eastern part of Sabah. Sabah was known as North Borneo prior to the
formation of the Malaysian federation. The Philippines, through the heritage of the Sultanate of Sulu,
retains a "dormant claim" on Sabah on the basis that the territory was only leased to the British North
Borneo Company in 1878 with the Sultanate's sovereignty never being relinquished. However,
Malaysia considers this dispute as a "non-issue" as it interprets the 1878 agreement as that of cession
and that it deems that the residents of Sabah had exercised their right to self-determination when they
voted to join the Malaysian federation in 1963.

On February 11, 2013, a group of approximately 100–200 individuals, some of them armed,
arrived by boat in Lahad Datu, Sabah from Simunul Island, Tawi-Tawi of southern Philippines. They
were sent by Jamalul Kiram III, one of the claimants to the throne of the Sultanate of Sulu. Their
objective was to assert their unresolved territorial claim to North Borneo.
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