The 1987 Constitution of the Philippines, as in the past constitutions, vests the power of government on the legislative, executive, and the judiciary. The Legislative Power is vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum. The Executive Power is vested in the President of the Philippines; and the Judicial Power is vested in one Supreme Court and in such lower courts as may be established by law.
This is the rule, nay the law, pursuant to the Constitution, and it has to be followed. However, in the case of the deliberation and passage of the Bangsamoro Basic Law (BBL) by Congress, special attention has to be drawn to the fact that the substance of the proposed law shall capture the essence and spirit of the Framework Agreement on the Bangsamoro (FAB) and its four Annexes and the Addendum on the Bangsamoro Waters, which is a product of 17 years of negotiation between the Bangsamoro people represented by the Moro Islamic Liberation Front (MILF) and the Government of the Republic of the Philippines (GPH) in which Congress is part of that equation. The MILF did not negotiate merely with the executive branch of the Philippine government but with the GPH as a whole.
Therefore, Congress, as representative of the people and as an integral part of the GPH, is very much a part of this process; so rather than characterize the role of Congress as an “arbiter”, the truth of the matter is that Congress is an enabler that will make the agreements of the parties for sustainable peace and development in Mindanao happen.
Someone from government is quoted to have said that the “arbiter” of all these “grey areas” in these signed agreements is Congress of the Philippines. This is not a very correct characterization. There is no arbiter or judge in this process. What we have is a negotiated settlement for peace between the MILF, representing the Bangsamoro people and the Government of the Philippines. Congress is an enabler that is willing to transform the basic agreements of the parties into a basic law. An arbiter is an impartial judge that has no interest in the outcome of what is brought to its attention. This is not applicable to this process.
We are not saying here, however, that Congress has no power over the shaping of the BBL; it has but being composed of honorable men and women, we firmly believe that their collective wisdom would ensure that a good legislation in the form of the BBL is in the offing.
This is our strong belief and wish. To repeat, we believe that Congress would pass a good legislation that would address and finally put to rest the armed conflict in Mindanao.
http://www.luwaran.com/index.php/editorial/item/827-in-this-case-enabler-not-arbiter
Therefore, Congress, as representative of the people and as an integral part of the GPH, is very much a part of this process; so rather than characterize the role of Congress as an “arbiter”, the truth of the matter is that Congress is an enabler that will make the agreements of the parties for sustainable peace and development in Mindanao happen.
Someone from government is quoted to have said that the “arbiter” of all these “grey areas” in these signed agreements is Congress of the Philippines. This is not a very correct characterization. There is no arbiter or judge in this process. What we have is a negotiated settlement for peace between the MILF, representing the Bangsamoro people and the Government of the Philippines. Congress is an enabler that is willing to transform the basic agreements of the parties into a basic law. An arbiter is an impartial judge that has no interest in the outcome of what is brought to its attention. This is not applicable to this process.
We are not saying here, however, that Congress has no power over the shaping of the BBL; it has but being composed of honorable men and women, we firmly believe that their collective wisdom would ensure that a good legislation in the form of the BBL is in the offing.
This is our strong belief and wish. To repeat, we believe that Congress would pass a good legislation that would address and finally put to rest the armed conflict in Mindanao.
http://www.luwaran.com/index.php/editorial/item/827-in-this-case-enabler-not-arbiter
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