04/02/2020
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the maritime, terrestrial, fluvial and alluvial domains, including the aerial domain
and the atmospheric space above it, embracing the Mindanao-Sulu-Palawan
geographic region.[38]
More specifically, the core of the BJE is defined as the present geographic area of the
ARMM - thus constituting the following areas: Lanao del Sur, Maguindanao, Sulu,
Tawi-Tawi, Basilan, and Marawi City. Significantly, this core also includes certain
municipalities of Lanao del Norte that voted for inclusion in the ARMM in the 2001
plebiscite.[39]
Outside of this core, the BJE is to cover other provinces, cities, municipalities and
barangays, which are grouped into two categories, Category A and Category B. Each
of these areas is to be subjected to a plebiscite to be held on different dates, years
apart from each other. Thus, Category A areas are to be subjected to a plebiscite not
later than twelve (12) months following the signing of the MOA-AD.[40] Category B
areas, also called "Special Intervention Areas," on the other hand, are to be
subjected to a plebiscite twenty-five (25) years from the signing of a separate
agreement - the Comprehensive Compact.[41]
The Parties to the MOA-AD stipulate that the BJE shall have jurisdiction over all
natural resources within its "internal waters," defined as extending fifteen (15)
kilometers from the coastline of the BJE area;[42] that the BJE shall also have
"territorial waters," which shall stretch beyond the BJE internal waters up to the
baselines of the Republic of the Philippines (RP) south east and south west of
mainland Mindanao; and that within these territorial waters, the BJE and the
"Central Government" (used interchangeably with RP) shall exercise joint
jurisdiction, authority and management over all natural resources.[43] Notably, the
jurisdiction over the internal waters is not similarly described as "joint."
The MOA-AD further provides for the sharing of minerals on the territorial waters
between the Central Government and the BJE, in favor of the latter, through
production sharing and economic cooperation agreement.[44] The activities which
the Parties are allowed to conduct on the territorial waters are enumerated, among
which are the exploration and utilization of natural resources, regulation of shipping
and fishing activities, and the enforcement of police and safety measures.[45] There
is no similar provision on the sharng of minerals and allowed activities with respect
to the internal waters of the BJE.
C. RESOURCES
The MOA-AD states that the BJE is free to enter into any economic cooperation and
trade relations with foreign countries and shall have the option to establish trade
missions in those countries. Such relationships and understandings, however, are
not to include aggression against the GRP. The BJE may also enter into
environmental cooperation agreements.[46]
The external defense of the BJE is to remain the duty and obligation of the Central
Government. The Central Government is also bound to "take necessary steps to
ensure the BJE's participation in international meetings and events" like those of the
ASEAN and the specialized agencies of the UN. The BJE is to be entitled to
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