04/02/2020
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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."
[23] Id., Territory, par. 2(f). "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."
[24] Id., Territory, par. 2(g). "(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 nonliving 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."
[25] Id., Governance, par. 2.
[26] Id., par. 8.
[27] Id., Concepts and Principles, par. 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.
[28] United Nations Declaration on the Rights of Indigenous Peoples, Article 46 (1)
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
172/203
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