04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly the Republic of the Philippines.[20] This is so because pursuant to the MOA-AD: (1) The Bangsamoro homeland and historic territory is clearly demarcated;[21] (2) The BJE is given the authority and jurisdiction over the Ancestral Domain and Ancestral lands. This includes both alienable and non-alienable lands encompassed within their homeland and ancestral territory,[22] specified "internal waters"[23] as well as "territorial waters";[24] (3) The declared 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;"[25] and (4) The BJE is 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, x x x."[26] Otherwise stated, respondents agreed to create a BJE out of the national territory of the Republic, with a distinct and separate system of government from the Republic of the Philippines.[27] Notably, the United Nations Declaration on the Rights of Indigenous Peoples, while recognizing the rights of indigenous peoples to self-determination, does not give them the right to undermine the territorial integrity of a State.[28] Second. The creation of the BJE is prohibited even assuming that the MOA-AD only attempts to create the BJE as an autonomous region. Only Congress is empowered to create an autonomous region.[29] In fact, RA Nos. 6734[30] and 9054,[31] the laws creating and expanding the ARMM, have already been passed by Congress. As a result of these Organic Acts, the provinces of Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi and the City of Marawi voted to comprise the ARMM territory under the control of the Regional Government of the ARMM. In the case of the MOA-AD, no implementing law is provided to implement its terms. What it purports to do, instead, is to provide for structures of government within the MOA-AD itself. It also obligates the GRP Panel to "conduct and deliver" a plebiscite "within twelve (12) months following the signing of the MOA-AD."[32] Third. The MOA-AD creates the Bangsamoro Homeland as an ancestral domain. However, there is non-compliance with the procedure laid down under RA No. 8371, otherwise known as the Indigenous Peoples Rights Act (IPRA). True, Article II, Section 22 of the 1987 Constitution recognizes the rights of all indigenous peoples. [33] This, however, cannot be used in the MOA-AD as a blanket authority to claim, without sufficient proof, a territory spanning an entire geographical region, the entire Mindanao-Sulu-Palawan geographic region.[34] Indeed, Chapter VIII of the IPRA provides for stringent requirements and strict process of delineation for recognition of ancestral domains, thus: SEC. 51. Delineation and Recognition of Ancestral Domains. Self‑delineation shall be the guiding principle in the identification and delineation of ancestral domains. As such, the ICCs/IPs concerned shall elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263 164/203

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