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MEMORANDUM OF AGREEMENT ON THE ANCESTRAL DOMAIN ASPECT OF THE

August 9, 2008

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IN THE NAME OF GODTHE BENEFICENT, THE MERCIFUL

MEMORANDUM OF AGREEMENT ON THE ANCESTRAL DOMAIN ASPECT OF THE
GRP-MILF TRIPOLI AGREEMENT ON PEACE OF 2001 

The Government of the Republic of the Philippines (GRP) and the 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 July 18, 1997 Between the
GRP and the MILF, and its Implementing Administrative and Operational Guidelines;
The General Framework of Agreement of Intent Between the GRP and the MILF dated
August 27, 1998;

The Agreement on the General Framework for the Resumption of Peace Talks Between
the GRP and the MILF dated March 24, 2001;

The Tripoli Agreement on Peace Between the GRP and the MILF dated June 22, 2001;

The Tripoli Agreement Between the GRP and the Moro National Liberation Front
(MNLF) dated December 23, 1976 and the Final Agreement on the Implementation of
the 1976 Tripoli Agreement Between the GRP and the MNLF dated September 2, 1996;

Republic Act No. 6734, as amended by R.A. 9054, otherwise known as “An Act to
Strengthen and Expand the Autonomous Region in Muslim Mindanao (ARMM)”;
ILO Convention No. 169, in correlation to the UN Declaration on the Rights of the
Indigenous Peoples, and Republic Act No. 8371 otherwise known as the Indigenous
Peoples Rights Act of 1997, the UN Charter, the UN Universal Declaration on Human
Rights, International Humanitarian Law (IHL), and internationally recognized human
rights instruments; and

 

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

HAVE AGREED AND ACKNOWLEDGED AS FOLLOWS:

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CONCEPTS AND PRINCIPLES

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

2. It is essential to lay the foundation of the Bangsamoro homeland in order to address
the Bangsamoro people’s humanitarian and economic needs as well as their political
aspirations. Such territorial jurisdictions and geographic areas being the natural
wealth and patrimony represent the social, cultural and political identity and pride of
all the Bangsamoro people. Ownership of the homeland is vested exclusively in
them by virtue of their prior rights of occupation that had inhered in them as sizeable
bodies of people, delimited by their ancestors since time immemorial, and being the
first politically organized dominant occupants.

3. Both Parties acknowledge that ancestral domain does not form part of the public
domain but encompasses ancestral, communal, and customary lands, maritime,
fluvial and alluvial domains as well as all natural resources therein that have inured
or vested ancestral rights on the basis of native title. Ancestral domain and ancestral
land refer to those held under claim of ownership, occupied or possessed, by
themselves or through the ancestors of the Bangsamoro people, communally or
individually since time immemorial continuously to the present, except when
prevented by war, civil disturbance, force majeure, or other forms of possible
usurpation or displacement by force, deceit, stealth, or as a consequence of
government project or any other voluntary dealings entered into by the government
and private individuals, corporate entities or institutions.

4. Both Parties acknowledge that the right to self-governance of the Bangsamoro
people is rooted on ancestral territoriality exercised originally under the suzerain
authority of their sultanates and the Pat a Pangampong ku Ranaw. The Moro
sultanates were states or karajaan/kadatuan resembling a body politic endowed with
all the elements of nation-state in the modern sense. As a domestic community
distinct from the rest of the national communities, they have a definite historic
homeland. They are the “First Nation” with defined territory and with a system of
government having entered into treaties of amity and commerce with foreign nations.
The Parties concede that the ultimate objective of entrenching the Bangsamoro
homeland as a territorial space is to secure their identity and posterity, to protect
their property rights and resources as well as to establish a system of governance
suitable and acceptable to them as a distinct dominant people.

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5. Both Parties affirm their commitment to mutually respect the right to one’s identity
and the parity of esteem of everyone in the political community. The protection of
civil rights and religious liberties of individuals underlie the basis of peace and justice
of their totality of relationships.

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

7. Vested property rights upon the entrenchment of the BJE shall be recognized and
respected subject to paragraph 9 of the strand on Resources.

TERRITORY

1. The Bangsamoro homeland and historic territory refer to the land mass as well as
the maritime, terrestrial, fluvial and alluvial domains, and the aerial domain, the
atmospheric space above it, embracing 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 commit themselves to the
full and mutual implementation of this framework agreement on territory with the
aim of resolving outstanding issues that emanate from the consensus points on
Ancestral Domain.
b. The Parties confirm their understanding that the mutual goal of reaching an
agreement on Bangsamoro territory specific to mapping the outlying borders and
the boundaries affecting local government units will lead to consolidation of the
agreed texts on the Ancestral Domain Strands.
c. The Parties affirm that the core of the BJE shall constitute the present
geographic area of the ARMM, including the municipalities of Baloi, Munai,
Nunungan, Pantar, Tagoloan and Tangkal in the province of Lanao del Norte that
voted for inclusion in the ARMM during the 2001 plebiscite.
d. Without derogating from the requirements of prior agreements, the Government
stipulates to conduct and deliver, using all possible legal measures, within twelve
(12) months following the signing of the MOA-AD, a plebiscite covering the areas
as enumerated in the list and depicted in the map as Category A attached herein
(the “Annex”). The Annex constitutes an integral part of this framework
agreement. Toward this end, the Parties shall endeavor to complete the

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negotiations and resolve all outstanding 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 and list attached herein
as agreed to by the Parties. Category B (the “Special Intervention Areas”) refers
to conflict affected areas outside the BJE which shall be the subject of special
socio-economic and cultural affirmative action implemented by the Central
Government pending the conduct of a plebiscite not earlier than twenty-five (25)
years from the signing of the Comprehensive Compact to determine the question
of their accession to the BJE. The areas reflected are subject to further
negotiations by the Parties. The Annex constitutes an integral part of this
framework agreement.
f. Internal Waters:
The BJE shall have jurisdiction over the management, conservation,
development, protection, utilization and disposition of all natural resources, living
and non-living, within its internal waters extending fifteen (15) kilometers from the
coastline of the BJE area.

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) baselines south east and
south west of mainland Mindanao. Beyond the fifteen (15) kilometers
internal waters, the Central Government and the BJE shall exercise joint
jurisdiction, authority and management over areas and all natural resources,
living and non-living contained therein. The details of such management of
the Territorial Waters shall be provided in an agreement to be entered into
by the Parties.

(2) The boundaries of the territorial waters shall stretch beyond the 15-km.
BJE internal waters up to the Central Government’s baselines under
existing laws. In the southern and eastern part of the BJE, it shall be
demarcated by a line drawn from the Maguling Point, Palimbang, Province
of Sultan Kudarat up to the straight baselines of the Philippines. On the
northwestern part, it shall be demarcated 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 demarcated by a line drawn from the
boundary of Bataraza and Rizal up to the straight baselines of the
Philippines.
The final demarcation shall be determined by a joint technical body
composed of duly-designated representatives of both Parties, in
coordination with the appropriate Central Government agency in
accordance with the above guidelines.
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h. 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 cooperation agreement.
i. Activities Allowed on Territorial Waters:
(1) The Parties shall have authority to carry out the following activities within
the territorial waters:
(a) Exploration and utilization of the natural resources, whether living or
non-living, within the territorial waters;
(b) Establishment and use of artificial islands, installations and structures;
(c) Marine scientific research;
(d) Protection and the preservation of the marine environment;
(e) Conservation of living resources;
(f) Regulation of shipping and fishing activities;
(g) Enforcement of police and safety measures, including interdiction of
the entry and use of the waters by criminal elements and hot pursuit of
suspected criminal elements;
(h) Regulation and control of contraband and illegal entry of prohibited
materials and substances, including smuggling; and
(i) Such other measures as the Parties may otherwise mutually agree.
(2) Activities relating to exploration and utilization of non-living resources, as
well as paragraphs (c) and (d) of the Authorized Activities will be carried
out on a joint basis agreed by the Parties which may be in the form of
production 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 and the carrying out of the Authorized
Activities and the measures adopted in cases of allegation of breach, and
carry out any other functions which may be assigned to it by the Parties
for the purpose of implementing the joint management of resources.
(2) The Joint Commission shall consist of one representative from each
Party, who are assisted by advisers as may be needed. The conclusions
of the Joint Commission shall be adopted by consensus and shall only be
recommendatory in nature. Only when the conclusions of the Joint
Commission are adopted by the Parties do they become binding on the
Parties.
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k. Demarcation and Status of Territorial Waters:
The demarcation and status of the BJE territorial waters shall be finally
determined together with the demarcation and final status of Category B territory
of the BJE.
3. From and after entrenchment of compact rights over the Bangsamoro homeland and
the territorial jurisdictions for associative governance shall likewise embrace those
under proclamation for agricultural and human settlements intended for the
Bangsamoro people, all alienable and disposable lands, pasture lands, timberlands
together with all existing civil and military reservations, parks, old growth or natural
forests declared as forest reserves, watersheds, mangroves, fishponds, wetlands,
marshes, inland bodies of water; and all bays, straits and channels found within the
BJE.
4. All territorial and geographic areas in Mindanao and its adjacent islands including
Palawan, and the Sulu archipelago that have been declared recognized, and/or
delineated as ancestral domain and ancestral land of the Bangsamoro people as
their geographic areas, inclusive of settlements and reservations, may be formed or
constituted into political subdivisions of the Bangsamoro territorial jurisdictions
subject to the principles of equality of peoples and mutual respect and to the
protection of civil, political, economic, and cultural rights in their respective
jurisdictions.
5. For purposes of territorial delimitation, the Parties have agreed to the joint
determination of geographic areas encompassed within the territorial borders of the
Bangsamoro homeland and territory based on the technical maps and data
submitted by both sides as provided above.
RESOURCES
1. The BJE is empowered with authority and responsibility for the land use,
development, conservation and disposition of the natural resources within the
homeland. Upon entrenchment of the BJE, the land tenure and use of such
resources and wealth must reinforce their economic self-sufficiency. Among the
purposes or measures to make progress more rapid are:
a. Entry into joint development, utilization, and exploitation of natural resources
designed as commons or shared resources, which is tied up to the full setting of
appropriate institution, particularly affecting strategic minerals;
b. Stimulation of local economy by a range of mechanism, in particular the need to
address unemployment and improvement of living conditions for the population in
the BJE;
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c. Intensification of measures needed to uproot the cause of poverty in the BJE
through responsible harnessing and development of its natural resources; and
d. Undertaking program review of public services, industrial or trade-related and
agrarian-related issues in situations of different sectors of the society in the BJE,
which acquire communal character deriving from the special nature of their
industry.
2. The Bangsamoro People through their appropriate juridical entity shall, among
others, exercise power or authority over the natural resources within its territorial
jurisdiction:
a. To explore, exploit, use or utilize and develop their ancestral domain and
ancestral lands within their territorial jurisdiction, inclusive of their right of
occupation, possession, conservation, and exploitation of all natural resources
found therein;
b. To conserve and protect the human and natural environment for their sustainable
and beneficial enjoyment and their posterity;
c. To utilize, develop, and exploit its natural resources found in their ancestral
domain or enter into a joint development, utilization, and exploitation of natural
resources, specifically on strategic minerals, designed as commons or shared
resources, which is tied up to the final setting of appropriate institution;
d. To revoke or grant forest concessions, timber license, contracts or agreements in
the utilization and exploitation of natural resources designated as commons or
shared resources, mechanisms for economic cooperation with respect to
strategic minerals, falling within the territorial jurisdiction of the BJE;
e. To enact agrarian laws and programs suitable to the special circumstances of the
Bangsamoro people prevailing in their ancestral lands within the established
territorial boundaries of the Bangsamoro homeland and ancestral territory within
the competence of the BJE; and
f. To use such natural resources and wealth to reinforce their economic selfsufficiency.
3. The BJE, and the Central Government agree on wealth-sharing based on a mutually
agreed percentage ratio in favor of the BJE through an economic cooperation
agreement or arrangement over the income and revenues that are derived from the
exploration, exploitation, use and development of any resources for the benefit of the
Bangsamoro people.
4. The BJE is free to enter into any economic cooperation and trade relations with
foreign countries: provided, however, that such relationships and understandings do
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not include aggression against the Government of the Republic of the Philippines;
provided, further that it shall remain the duty and obligation of the Central
Government to take charge of external defense. Without prejudice to the right of the
Bangsamoro juridical entity to enter into agreement and environmental cooperation
with any friendly country affecting its jurisdiction, it shall include:
a. The option to establish and open Bangsamoro trade missions in foreign countries
with which it has economic cooperation agreements; and
b. The elements bearing in mind the mutual benefits derived from Philippine
archipelagic status and security.
And, in furtherance thereto, the Central Government shall take necessary steps to
ensure the BJE’s participation in international meetings and events, e.g. ASEAN
meetings and other specialized agencies of the United Nations. This shall entitle the
BJE’s participation in Philippine official missions and delegations that are engaged in
the negotiation of border agreements or protocols for environmental protection,
equitable sharing of incomes and revenues, in the areas of sea, seabed and inland
seas or bodies of water adjacent to or between islands forming part of the 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, whether onshore or offshore, is vested in the BJE as the party
having control within its territorial jurisdiction, provided that in times of national
emergency, when public interest so requires, the Central Government may, during
the emergency, for a fixed period and under reasonable terms as may be agreed by
both Parties, temporarily assume or direct the operations of such strategic
resources.
6. The BJE take or profit split from total production shall be shared with the Central
Government on a percentage ratio of 75:25 in favor of the BJE. All royalties,
bonuses, taxes, charges, custom duties or imposts on natural resources and mineral
resources shall be shared by the Parties on a percentage ratio of 75:25 in favor of
the BJE.
7. The legitimate grievances of the Bangsamoro people arising from any unjust
dispossession of their territorial and proprietary rights, customary land tenures, or
their marginalization shall be acknowledged. Whenever restoration is no longer
possible, the GRP shall take effective measures or adequate reparation collectively
beneficial to the Bangsamoro people, in such quality, quantity and status to be
determined mutually by both Parties.
8. All proclamations, issuances, policies, rules and guidelines declaring old growth or
natural forests and all watersheds within the BJE as forest reserves shall continue to
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remain in force until otherwise modified, revised or superseded by subsequent
policies, rules and 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), and other land tenure instruments of any kind or nature
whatsoever granted by the Philippine Government including those issued by the
present ARMM shall continue to operate from the date of formal entrenchment of the
BJE unless otherwise expired, reviewed, modified 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 in mind that the functioning of the
economy and the operation of institutions involve financial and other resource
management as well as parallel or complementary means, by which the
Bangsamoro Development Agency (BDA) will manage and administer resources
acquired for the above purposes, especially in coordinating strategies and programs
for cooperation in all fields.
11. The Mission acts as a link in the conduct of BJE’s associative parallel relationships
and shall cooperate fully with all organizations involved in implementation of the
peace settlement. It shall launch a plan and joint international appeal for the
reparation and development of the conflict affected areas in Mindanao. Persons
appointed thereto must be familiar with the specific economic, political and legal
characteristics in the Mindanao-Sulu-Palawan region and must possess recognized
competence, integrity, and high moral standing.
12. Cognizant that the Mission will benefit from international expertise, both the Central
Government and the BJE hereby join the Third Party facilitator in inviting
international funding institutions or equivalent entities for reconstruction and
development to appoint two members and to designate one as the Chairman. The
BJE shall designate one member as Co-Chairman. The remaining two members
shall each be designated by the Central Government and the BJE.

GOVERNANCE
1. The recognition and peaceful resolution of the conflict must involve consultations
with the Bangsamoro people free of any imposition in order to provide chances of
success and open new formulas that permanently respond to the aspirations of the
Bangsamoro people.
2. The ultimate objective of entrenching the Bangsamoro homeland as a territorial
space is to secure their identity and posterity, to protect their property rights and
resources as well as to establish a system of governance suitable and acceptable to
them as a distinct dominant people. The Parties respect the freedom of choice of the
indigenous peoples.

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3. The Parties agree to invite a multinational third - party to observe and monitor the
actual implementation of the comprehensive compact which will embody the details
for the effective enforcement of this Agreement. The participation of the third – party
shall not in any way affect the status of the relationship between the Central
Government and the BJE.
4. The relationship between the Central Government and the BJE shall be associative
characterized by shared authority and responsibility with a structure of governance
based on executive, legislative, judicial and administrative institutions with defined
powers and functions in the Comprehensive Compact. A period of transition shall be
established in a Comprehensive Compact specifying the relationship between the
Central Government and the BJE.

5. In the context of implementing prior and incremental agreements between the GRP
and MILF, it is the joint understanding of the Parties that the term “entrenchment”
means, for the purposes of giving fect to this transitory provision, the creation of a
process of institution building to exercise shared authority over territory and defined
functions of associative character.

6. The modalities for the governance intended to settle the outstanding negotiated
political issues are deferred after the signing of the MOA-AD.
The establishment of institutions for governance in a Comprehensive Compact,
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 the associative arrangements upon entry into force of the
Comprehensive Compact.

7. The Parties agree that the mechanisms and modalities for the actual implementation
of this MOA-AD shall be spelt out in the Comprehensive Compact to mutually take
such steps to enable it to occur effectively.
Any provisions of the MOA-AD requiring amendments to the existing legal
framework shall come into force upon signing of a Comprehensive Compact and
upon effecting the necessary changes to the legal framework with due regard to non
derogation of prior agreements and within the stipulated timeframe to be contained
in the Comprehensive Compact.

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, economic, and police and internal security force, judicial
system and correctional institutions, necessary for developing a progressive
Bangsamoro society, the details of which shall be discussed in the negotiation of the
Comprehensive Compact.

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9. The Parties further agree to undertake activities which will enhance the capacity of
the government institutions during the transition through technical assistance,
information-sharing and human resource development.
10. Matters concerning the details of the agreed consensus points on Governance not
covered under this Agreement shall be deferred to, and discussed during, the
negotiations of the Comprehensive Compact.

IN WITNESS WHEREOF, the undersigned, being the representatives of the Parties
hereby affix their signatures.

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

FOR THE GRP: FOR THE MILF:
RODOLFO C. GARCIA
Chairman
GRP Peace Negotiating Panel
MOHAGHER IQBAL
Chairman
MILF Peace Negotiating Panel
WITNESSED BY:
DATUK OTHMAN BIN ABD RAZAK
Special Adviser to the Prime Minister
ENDORSED BY:
AMBASSADOR SAYED ELMASRY
Adviser to Organization of the Islamic Conference (OIC) Secretary General
and Special Envoy for Peace Process in Southern Philippines
IN THE PRESENCE OF:
DR. ALBERTO G. ROMULO
Secretary of Foreign Affairs
Republic of the Philippines
DATO’ SERI UTAMA DR. RAIS
BIN YATIM
Minister of Foreign Affairs
Malaysia

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ARMED STRUGGLE OF THE BANGSAMORO MUSLIMS IN THE PHILIPPINES:

Written by: DATUAN SOLAIMAN PANOLIMBA
North Cotabato, Philippines

Bismillaher Rahmaner Raheem. Asalamo Alaykum Warahmatullahi Wabarakatuho.

The Bangsamoro Muslims of Mindanao and its islands have fought the longest and bloodiest struggle in the entire history of mankind in the world which extends to about four hundred eighty seven (487) years already up to this writing. First, the Bangsamoro people fought, without let up, against the Spanish colonial power for 377 years from 1521 to 1898. And second, they fought a bloody war against the American imperialist from 1898 up to 1946, and against the Philippine neo-colonial power from 1946 up to the present.

In fact the present JIHAD FIY SABILILLAH waged by the Bangsamoro people is a continuation of the struggle which had been fought by their ancestors and forebears demanding for freedom and independence. The 487-year war which has been fought by the Bangsamoro is replete with historical facts.

“But what is surprising is despite of the long period of war being fought for; the Bangsamoro people are still engaged in a war for freedom and independence. The struggle which has been fought by the Bangsamoro in four hundred eighty seven years (487) had extensively covered by the Muslim historians and authors in their books such as Dr. Cesar Adib Majul in his “Muslims in the Philippines, 1973, Manila, Philippines, ” Dr. Alunan C. Glang in “Muslim Secession or Integration, 1969, Quezon City, Philippines, ” and Salah Jubair in “Bangsamoro: A Nation Under Endless Tyranny, 1997, Lahore, Pakistan.”

THE FIRST MORO WAR:

After securing the friendship with Rajah Humabon of Cebu, Ferdinand Magellan, who led the Spanish colonial adventure in the Far East, invaded the small kingdom of Mactan in 1521. The island was then ruled by Rajah Lapu-Lapu who did not want to be a friend of foreign colonizer.

It can be noted, therefore, that Visayas before was believed under the influence if not one of the principalities controlled by the Moro Sultanate of Sulu or Maguindanao at that early period of time. See Map of Moro Sultanate, principalities and areas in Luzon, Visayas and Mindanao at the time of the arrival of Spaniards in 1521. (Source: London Library and Museum). Unfortunately, Magellan died in action on April 27, 1521 that drove the Spaniards back to the West and by such incident, they had narrated their fiasco under the hands of the native inhabitants.

Thus, Lapu_Lapu stood as the first native chieftain who fought against foreign attempt to colonize the Moro homeland.
The Spanish dream had yet started so that in 1522, with Captain Sebastian Del Cano at the head of the Spanish survivors, Spain became the first circumnavigator of the globe as declared.

SPAIN’S AGGRESSION:

Crown Prince Felipe, known as King Philip II of Spain, directed Captain Miguel Lopez de Legaspi, the viceroy of Mexico, to go to the Philippine island and to make it a permanent Spanish colony. He landed at Cebu where he had established the first Spanish settlement in 1565. In 1569, he proceeded to Panay where a second Spanish settlement was created.

After quelling some minor resistances staged by the native
inhabitants, he sent Captain Martin de Goiti to Luzon, particularly in Manila where a well-fortified Moro principality was located. It was ruled by Rajah Solaiman and assisted by Rajah Matanda. Tondo then was ruled by Rajah Lakandula. Records has showed that these Manila chieftains where of Bornean origin. In fact, their relationship with the Sultan of Borneo was categorized as very closed to each other.

Rajah Solaiman who led the fight for freedom and independence, declared to the foreign aggressors the following words: ” WE WISH TO BE THEN FRIENDS OF ALL NATIONS. BUT THEY MUST UNDERSTAND THAT WE CANNOT TOLERATE ANY ABUSE. ON THE CONTRARY, WE WILL REPAY WITH DEATH THE LEAST THING THAT TOUCHES OUR HONOR.”Unfortunately, on June 3, 1571, Rajah Solaiman perished at the historic Battle of Bangkusay, a place off the coast of Tondo, but he left with a patriotic landmark in his defense of freedom and independence of the country. The next to fall, despite of a fierce defense by the native inhabitants, was the Muslim principality of Mindoro in 1574.

Then came the short-lived Magat Salamat Uprising in 1587. Emerging victorious over the pockets of resistance were the Spanish conquistadors. So that within a span of 11years, they were able to overlord the territory of Luzon and Visayas. Legaspi, who was appointed as the first Governor-General, had made Manila as the seat of Spanish colony in Luzon and Visayas, which was collectively called as “Filipinas” or “Philippine Islands” eventually.

“Salah Jubair succinctly wrote “it is necessary to clarify, contrary to popular perception, two important points in history: Firstly, the first group of people whom the Spaniards in 1570 called “Moros” were those in Manila and environs and not the Islamized natives in Mindanao and Sulu and secondly, the first Moro-Spanish War was not fought in Mindanao and Sulu but right in what is Metropolitan Manila.

“THE MORO-SPANISH WAR:

The 377 year of Moro-Spanish War represents an uninterrupted bloody war which had been fought by the Moros against the Spaniard’s attempt to subjugate them as a people. At first, the Spaniards thought that Borneo was more of a threat to the Manila colony than the Muslims of Mindanao and Sulu. So they invaded Borneo in 1578. However, after their Bornean expedition, the Spaniards had turned their eyes on the Moros in the South, particularly, Sulu which they were suspecting of having an alliance with the Borneans.

The Spanish colony towards the Moros was basically spelled out in the instructions of Governor-General Francisco de Sande to Captain Esteban Rodriguez de Figueroa in May of 1578. Figueroa was officially commissioned to subdue the Moro Sultanate of Mindanao and Sulu.

It was clear then from the instructions given to him, Spain sought to achieve two things with respect to the Moros of Mindanao namely: 1. Get them to acknowledge Spanish sovereignty over their territory. 2. Promote trade with them, limiting their trade to the Philippine islands and exploring natural resources of Moro land with a view to their commercial exploitations. 3. Bring an end to Moro “piracy” against Spanish shipping, and an end to Moro raids on the Christianized settlements of the Visayas and Southern Luzon. 4. Hispanize and Christianize the Moros, along the same lines followed with respect to other lowland Filipino (Indio) groups.

According to Dr Peter G. Gowing, the last line Spanish policy was the reason if not the root of the Moro’s fierce resistance to the Spaniards and their Christianized Filipino allies. Capt. Figueroa was instructed to order the Moro chief not to admit any more “preachers of the doctrine of Mahomet since it is evil and false, and that of the Christianity alone is good.” Ad-dressing himself to the “Lord of Mindanao, ” the instruction includes: “You shall tell him that our object is that he be converted to Christianity and that he must allow us freely to preach the law of the Christians, and the natives must be allowed to go and hear the preaching and to be converted, without receiving any harm from the chiefs.

“Furthermore, Figueroa was instructed to ascertain who the preachers of Islam were so that they can be arrested and brought them before the Governor-general. He was also commanded to destroy any Masjeed he founded “where that accursed doctrine has been preached and you shall order that it be not be rebuilt. “As he was instructed to meet force with force and to punish the Moros as he deemed best “taking special care not to trust them…..,” the Moros responded to such designs with violence and warfare. In 1596, during the initial Spanish campaign in Buhayan (Buayan) in the heart of Mindanao, Figueroa met his disastrous defeat.

The erstwhile Spanish conquistador suffered death at the hands of the Moro warriors led by Datu Ubal (Mangubal in Moro tradition). The initial Spanish campaign in Mindanao had ignited and caused the series of bloody encounters between the Moros and the Spaniards, in which,it was carried up to the coming of the Americans in 1899.

MORO WARS:

In retaliation to the Spanish cruelty, the Moros had carried out the war to the Spanish settlements in Luzon and Visayas. In 1599 led by Datu Sirongan and Datu Salikula of Mindanao, the Moros raided the northern islands and return home with rich war booty including several captives. The Moro actions had created fear and anxiety among the Spanish and Filipino settlements in Luzon and Visayas.

In succeeding years, the Moro buccaneers harassed Spanish shipping, and so were dubbed “pirates”. But to the Moros they believed they were fighting a war in defense of freedom and independence. Thus, Sultan Kudarat I, after his ascension to power to the Sultanate of Mindanao in 1619, declared a Jihad against Spain whom he had emboldened more than ever the Moros to fight for home, country and Islam. Their expeditions carried Jihad to the coasts of Visayas and Luzon.

From then on, the Moro war vessels periodically raided, killed and plunders Spanish settlements. Thus, it was dubbed really a bloody war. The Spaniards counter move was seen in their series of punitive expeditions against the Moros. The expeditions were made up of Spanish-led Christian Filipino forces. Which eventually, the Spaniards had succeeded to establish forts in Moro homeland, however, their colonies were only confined inside their fortified garrisons. They failed to subdue the Moros who were periodically attacking their forts.

From the 18th up to the 19th centuries of Spanish successive engagement in the “Moro Wars”, it was never followed by effective and permanent occupation of the Bangsamoro ancestral homeland. The American historian Dr. Najeeb Saleeby rightly observed that “the Moros fought for home and country, for freedom to pursue their religion and way of life, and for liberty to rove the seas whichever they would.” For over 300years, they had made a shamble of Spain’s Moro policy.

Even with the importation of Spanish war vessels in the middle of the 19th century did not stop the Moro raids of Spanish and Filipino settlements of Visayas and Luzon. Despite of being guerilla fighters, the Moro exacted a heavy toll of casualties, however, when entrenched in their ‘cota’ (fort) they simply could not be rooted out.

When situation demanded they would have readily killed their wounded and gave no quarter to the Spanish and Christian Filipino enemy. They fought ferociously, and their usual tactic was to wear down the attackers, obliging them eventually to withdraw. At the close of the 19th century, the Spanish colonial power in Luzon and Visayas was threatened by the Filipino Revolution of 1896 and the coming of the American colonial power in 1898.

Subsequently, the Treaty of Paris was concluded on December 10, 1898 between the United States of America and Spain wherein the latter had ceded to the Americans her former colony in Mexico, Honolulu and the Philippine Islands with the amount of $20 million. With this treaty, the Spaniards abandoned their colony in the north by virtue of the Treaty of Paris. So that the Moros of the south remained a free and independent people. Thus, they were not subjugated by their conquistadors.

AMERICAN AGGRESSION:

The Bangsamoro people of Mindanao were already enjoying freedom and independence when the Filipinos declared a revolution against Spain in 1896. When the Americans arrived in the Philippine islands in 1898, the Philippine Revolution was already in progress in Luzon and Visayas. The so called “Spanish-American war” was also nearing its end.

For instance, Commodore George Dewey, commanding the American naval flotilla, defeated the Spanish Pacific Squadron during “Battle of Manila Bay” on May 1, 1898. Subsequently, the United States of America assumed the authority in the Philippine Islands by virtue of the Treaty of Paris on December 10, 1898. But the Filipinos, who declared the independence of the First Philippine Republic on June 1, 1898, had to fight a new imperialist power.

Maverick as it was, the Americans sought the forging of the Bates-Kiram Agreement on August 20, 1899 with a view to neutralizing the Moros of the south while they were still engaging the forces of President Emilio Aguinaldo in the north.

After three years of Filipino-American war, the Americans were able to crush the Philippine revolution and declared a general amnesty in 1902. The Americans, after having a unilateral abrogation of the Bates-Kiram Agreement, had now turn their eyes to the Moros of Mindanao.

In May 1899, the first US Army contingent landed in Jolo, Sulu. The US troops had also occupied Zamboanga on November 16 and followed the Cotabato areas in December. This began the American occupation of Mindanao which ended in May 1920 when the Department of Mindanao and Sulu was abolished as a government unit.

MORO-AMERICAN WAR:

For all practical reasons, the American occupation of the Moro land was a direct affront to the freedom and independence of the Moros. The lesson from the Spanish policy of subjugation was still fresh in the minds and hearts of the Moros. With the Americans, the Moros have had similar views, as a threat, and a change of colonial master which had the same intention with that of their predecessor, that is, to subjugate them as a people.

Thus trouble had erupted as early as May 1899. But this time, the next generation of Moros took the cudgel. Soon various confrontations flared up in Mindanao and Sulu. This led J. Ralston Hayden, an American writer, to note that “never during the entire continental expansion of the United States had armed encounters been as frequent and serious as that between the Moros and American troops.”

The Moros’ determination to defend their religion and country had prompted the American colonizers to comment that “THE ONLY GOOD MORO IS A DEAD MORO.” Record has showed that there were at least 20,000 Moros who were killed in action from 1899 to 1916. From 1904 to 1906 alone, the Moros suffered about 3,000 killed as against 70 Americans.

Large-scale engagements were recorded between the American troops and the Moro warriors in several parts of Mindanao and Sulu from 1902 to 1935. The most serious were those staged by Panglima Hassan, Datu Ali, Datu Ampuan
Agaus and Jikiri.

Shortly after the establishment of the Philippine Commonwealth Government on November 15, 1935 with Manuel L. Quezon as the first President, the Moros had viewed it as the transfer of colonial government to a new master. It could be noted, therefore, that Mindanao and Sulu were forcefully annexed to the Commonwealth government. Again, the Moros rose in arms in defense of their freedom and independence.

The most serious armed rebellion that took place in Mindanao was happened in June 1936. It was spearheaded by Hadji Abdulhamid Bungabong of Unayan, Lanao del Sur and lasted for several years. The Moros fought gallantry and heroically in a series of wars called “COTA WARS”. The grievances were contained in a petition letter sent to the President of the United States of America. The issues presented were:

1. Moros had become second class citizens.

2. The Moro Province be segregated once independence is given to the Filipinos.

3. Acquisition of lands in the Moro Province be reserved for the Moros.

4. Islam must not be curtailed in any manner.

The uprising lasted until the dawning of the Japanese interregnums in 1941. The Moros were once again caught in the crossfire between two colonial masters. But now between the Americans and the Japanese which saw its peak from 1942 to 1945.

PARLIAMENTARY STRUGGLE:

In 1946 it saw the final annexation of the Moro land to the new Philippine Republic. Historians, in the likes of Salah Jubair, have succinctly observed that “The U.S. colonial government and the succeeding Filipino neo - colonial power have utterly failed to stamp out Moro resistance. But they have succeeded in rendering the Moro traditional power structure effete and almost obsolete.”

“The main casualties were the sultans and datus, whose authority had been squelched to the extent, that they had become mere symbols of the past and mute relics of history,” he pointed out. “The sultan-people direct dealing, ” he continued “has been almost severed and , to get rid of the evils of dual rule, meaning sultan and government ruling simultaneously, the Commonwealth government directed all state-installed officials in 1936 to take over the roles so far exercised by the sultans and datus.”

Elaborating that the disintegration of the traditional socio-political order and the ever-tightening imposition of the secular-materialistic concept of life bequeathed by the Americans, Salah Jubair said that it has created an extensively difficult situation for the Moros. Consequently, those who were won over to the American side, freely or under duress, were the ones who with their pens, slogans and orations adopted and pursued the parliamentary or unarmed way of struggle.

These crops of Moro intellectuals asked the United States government to separate the Moro Province, either as colony or as independent state. Singly or in chorus, they unanimously refused to join the Filipinos in their demand for independence. It was true that they did not succeed, neither did they achieve anything of consequence in terms of the real liberation of the Moros-that obviously, was already fore doomed from the start.

But there is no gain slaying the fact that they did their best in their own way. Yet, on the other hand, by following the unarmed way of struggle, they were deeply entangled into the Americans cobweb and continued to become subservient to the whims and caprices of the new colonial masters.

Failing to achieve their aspiration to be free and independent during the American colonial days, the Moro parliamentary struggle dragged to the post-war Philippine administrations. Couple with some isolated disturbances, armed clashes between Moro warriors and government troops were reported in various parts of Mindanao.

The off-and-on armed skirmishes continued to plague the countryside in open defiance of government authorities. Whatever it may said about the post-war pocket uprisings in Mindanao and Sulu, it could be attributed to the fact that the Moros have never abandoned their desire to be free and independent from the clutches of neo-colonialism in their sacred and ancestral homeland. Nurtured by socio-cultural discrimination, the most known of these uprisings were those led by Kamlon Hajji, Abdulmajid Panondiongan, Tawantawan and Hadjal Uh. It took billions of pesos from the national coffers in quelling these insurrections.

Such that amid cries of national neglect and apathy, Congressman Ombra Amilbangsa of Sulu Province had gone to extent of sponsoring a bill in Philippine Congress in 1961 which sought to declare the independence of the Province of Sulu from the Philippine Republic. The Moro solon was disgusted by the chronic ills and inequities prevalent in the Philippine society where the Moros were the direct victims. His bill did not merit the attention of his colleagues in Congress and his move was simply dismissed as a “drama” or “attention-calling.”

MORO STRUGGLE CONTINUED:

In 1968, the then Governor Datu Udtog Matalam of the empire Cotabato Province created the Mindanao Independence Movement (MIM) seeking the separation of Mindanao, Sulu, Basilan, Tawitawi and Palawan from the Republic of the Philippines and to establish an Islamic State in the sacred and ancestral homeland of the Bangsamoro people. But the dream and aspiration of the grand old man of Cotabato failed.

Finally in 1972, the Moro National Liberation Front (MNLF) and its military wings, the Bangsamoro Army led by Prof. Nur Misuari went public declaring armed struggle as its principal instrument in the formation of a Bangsamoro Republik encompassing Mindanao, Sulu, Basilan, Tawitawi and Palawan. It sought to liberate Moro people and homeland from Philippine colonialism.

The reverberating sounds of the firearms and mortars of the Bangsamoro Revolution
led by the Moro National Liberation Front (MNLF) pressured the Philippine government under the then dictator President Ferdinand Marcos to entered into an agreement with the MNLF leadership in December 23, 1976. The agreement was known as “Tripoli Agreement of 1976.” It sought to establish an autonomous government for Muslims in South of the Philippines under its sovereignty and territorial integrity. But Pres. Marcos grossly violated the letter and spirit of the entire agreement.

When President Corazon (Cory) Aquino catapulted to the Philippine presidency in 1986 because of the Peoples Power Revolution against Pres. Marcos, she created the Autonomous Region Muslim Mindanao (ARMM), but still failed to finally solved the Bangsamoro problem in Mindanao and its islands.

Until in 1992, when President Fidel V. Ramos became president of the Philippines after President Cory Aquino, his government negotiated with the MNLF leadership which resulted to the creation of Southern Philippine Council for Peace and Development (SPCPD) on September 2, 1996. But still the Bangsamoro dream of freedom and independence became more obscure. It was because of the fact that all agreements entered by and between the MNLF and GRP are only a showpiece of the Philippine government in order to smokescreen the oppression, colonization, exploitation and extermination of the Bangsamoro people. This regional set-up of government is nothing but an adjunct of the Filipino colonial government. It is being used by the Philippine government to further fortify the Filipino colonialism over the Bangsamoro people and their ancestral homeland.

So that when the MNLF leadership compromised the liberty and independence of the Bangsamoro people in December 1976, the Moro Islamic Liberation Front (MILF), chaired by the late Ameril Mujahideen Ustadz Salamat Hashim went public assuming and leading the JIHAD FEY SABILILLAH of the Bangsamoro people for final liberation, freedom and independence, nsALLAH SUBHANAHO WA’TAALA.

Late Ustadz Salamat Hashim, then Ameril Mujahideen and Chairman, Central Committee of the Moro Islamic Liberation Front (MILF) said and we quote, “Any solution less than full independence of the Bangsamoro people will not work. Past experiences since the be-
ginning of the annexation of the Bangsamoro homeland to the Philippines in 1935, have proven that the Bangsamoro Muslims could not live a normal life under a corrupt and secular government and that the two nations, the Bangsamoros and the Filipinos, could not get along with each other because of their distinct religions, customs and traditions. It will be for the best interests of the Bangsamoros and the Filipinos if both are free” and quote.

Wasalamu Alaykum Warahmatullahi Wabarakatuho.

Posted by Datuan S. Panolimba at January 16, 2009, 12:15 pm

Sukram my friend for the contribution
DATUAN SOLAIMAN PANOLIMBA, keep up the work.

Kaka Alih

Posted by kaka at January 16, 2009, 1:01 pm

i fully support MOA-AD, in the past im a sceptic, but upon getting the full text and reading with and open mind, it convinced me.

I support it now fully.

If anybody wants to prove to the Moro & Indigenous Community that talking works, they should support MOA-AD

lets show the World that talking produce better results than physical force.

So the next move is all in the citizens of this land, internationally others can add to the momentum also.

Lets grab Historic oppurtunity of Peace in our Lifetime.

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