Then President Rodrigo Roa Duterte joins other leaders from Asia and European countries in the virtual 13th Asia-Europe Meeting (ASEM) Summit at the Malacañang Palace on Nov. 26, 2021. King Rodriguez, Presidential Photo/File 

MANILA (UPDATE 3) — Senators on Wednesday thumbed down former President Rodrigo Duterte’s supposed plan to campaign for the separation of Mindanao from the Philippines.

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Duterte earlier announced that he has already instructed Davao del Norte Rep. Pantaleon Alvarez — House speaker from 2016 to 2108 — to start soliciting signatures for that purpose.

There is no mechanism in the 1987 Constitution for any part of the Philippines to secede from the republic. It authorizes the creation of autonomous region only "in Muslim Mindanao and the Cordilleras."

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While Pimentel said the plan “needs more study,” he also stated that he is not supportive of the idea.

 “I am against any suggestion of secession or separation of part of Philippine territory. We have to work tirelessly on making this nation function as a working effective state,” Pimentel said in a text statement.

 Sen. Chiz Escudero on the other hand said that Duterte’s plan is “is not constitutionally possible.”

Senate President Juan Miguel Zubiri, whose family hails from Mindanao, also opposed the idea.

"With due respect to the former President, I think, right now, the last thing that we want is magkagulu-gulo at magkawatak-watak ang ating bansa," he said.

"Ang akin diyan i-slow down natin ang away ngayon kasi ang importante diyan eh ang kapakanan ng taumbayan." 

Sen. Imee Marcos meantime acknowledged Duterte’s discontent about what is happening in Mindanao.

"Yung sentimyentong yan, popular sa Mindanao. Pero sana, sana, ipinagdadasal ko na hindi naman mangyari. Ayaw naman natin na mawatak-watak ang Pilipinas," Marcos said.

Unequal development outside the capital has led to resentment, especially in the Visayas and Mindanao against "Imperial Manila", a sentiment that helped bring Duterte — the first Mindanawon president — to Malacañang in 2016.

Surigao del Norte Rep. Robert Ace Barbers said he is open to studying the proposal.

"Hindi madaling gawin 'yan but it's also probably worthy it to look into it, pag-aralan, tingnan natin kung ano ba yung benepisyo ng Mindanoan dito at ano ba yung proseso," Barbers said.

"They have all the reason and the motive to do this because perhaps for the longest time, ang ating isla sa Mindanao has been at the end of a minimum or minimal attention from the national government," he added.

ROMUALDEZ TO BLAME?

Meanwhile, Alvarez claimed that House Speaker Martin Romualdez is to blame for the revived talks to separate Mindanao.

"Honestly, nagpapasalamat ako kay Martin Romualdez na dahil sa mga ginawa niya, ito ay nasindihan ulit, nabuhay," Alvarez said.

Alvarez attributed the revival of the idea of secession to the ongoing people's initiative supposedly launched by Romualdez, as well as the defunding of projects in Mindanao.

"Ako lang, dito sa distrito ko, ang laki po ng tinanggal na mga infrastructure projects... It seems na wala na talagang pag-asa para maayos itong aming lugar dito sa Mindanao," Alvarez said.

Alvarez bared plans to match the ongoing initiative with their own signature drive for Mindanao's independence from the Philippines

"You can set us free and let us chart our own destiny," Alvarez said.

Alvarez said once Mindanao secedes, the International Criminal Court may be banned from Mindanao.

"Puwede yun kasi ibang bansa na 'yan eh. Ibang bansa na, Wala naman kaming ugnayan sa ICC o kung saan pa dahil panibagong bansa yan," Alvarez explained.

'A CRIME AGAINST PUBLIC ORDER'

Meanwhile, legal experts thumbed down former President Duterte's proposal.

"It is a very, it’s tricky road. Legally, we cannot declare an area of the Philippines separate from the Republic of the Philippines so iyan is a crime no, against public order," Atty. Ernesto Neri, a law professor, said.

Neri, who is based in Cagayan de Oro City, also noted there does not seem to be strong clamor for Mindanao to secede.

“How I see it is it is really a political playing card. 'Since you’re changing the Constitution, we will have our own Constitution here in Mindanao,' that’s how I get it and there is really no clamor from Mindanao to separate from Manila,” Neri said.
 
Another law professor, Atty. Mike Tiu, said that secession is not allowed under the current Philippine Constitution.
 
“Dahil naka-define ang ating national territory sa Article 1, hindi pwedeng mabawasan iyon, kasama siya sa soberanya,” Tiu said.
 
“The general rule still is kailangan pahintulutan ng bansa na may humiwalay sa kanya bago siya maging posible, hindi siya legally possible under the Philippine Constitution,” Tiu added.
 
Tiu noted that while there were rare instances of secession in other countries, Philippine jurisprudence on the Bangsamoro Juridical Entity replacing the Bangsamoro Autonomous Region in Muslim Mindanao weighed in on territorial integrity.
 
“So, the moment na may mai-aalis na teritoryo ng Pilipinas sa kanyang soberanya at kontrol ay dapat payagan iyon ng buong Pilipinas ng mekanismo ng Pilipinas so hindi siya pwede na basta na lang gusto na lang ng gustong mag-secede,” Tiu said.
 
Tiu and Neri both said that the proposal of the former president may not be considered rebellious nor seditious, at least for now.
 
"We could still argue that he is still protected by his freedom of expression since he is a citizen — an influential citizen — but if he keeps on reiterating his call for secession and there are actually movements that would actively seek the separation of Mindanao from the Philippines, I think it is already a crime," Neri said.
 
"Technical kasi ang definitition ng sedition, kailangan may force, may intimidation, 'yung ganoong klase ng activity. Kung ang level ng activity ay pangangalap ng signatures hindi siya magra-rise to that level," Tiu said.

Meanwhile, Commission on Elections (Comelec) chairman George Garcia refused to comment on the topic, but said he "respects" Duterte's opinion.
 
“Sa bandang huli po kasi ang susundin nating lahat, kahit ang Comelec, ay ang ating Philippine Constitution. And therefore, lahat ng mga pagbabago sa Constitution ay kinakailangang dumaan sa proseso na nakalagay mismo sa atin pong Article 17 ng Constitution—constitutional convention, constituent assembly at people’s initiative," he said. —With reports from Adrian Ayalin and Victoria Tulad, ABS-CBN News