Sen. Miriam opposing 'sub-state' provision in Bangsamoro law, says it's unconstitutional

From InterAksyon (Sep 18): Sen. Miriam opposing 'sub-state' provision in Bangsamoro law, says it's unconstitutional

Saying it is unconstitutional, Senator Miriam Defensor-Santiago has served notice she will oppose any provision in the proposed Bangsamoro Basic Law which will constitute the creation of a sub-state when Congress finally tackles the measure.

 

In a press conference, Santiago, chairman of the Senate committee on constitutional amendments, revision of laws and codes, said the broad support that the proposed BBL enjoys in the Senate does not mean it will no longer be scrutinized closely, especially on its constitutional aspects.

“If it comes to the Senate, I will have to inspect with a very beady eye, meaning to say with a skeptical mind, the provisions because it might turn out to be a document that constitutes or creates a sub-state outside of the territorial jurisdiction and the general governmental jurisdiction of our country and in which case, it would be unconstitutional,” the senator said.

Santiago has been vocal in airing her assessment of the BBL's being unconstitutional in some respects, even before the framework agreement was finalized and submitted to President Aquino by the negotiating panels.

 

“We cannot possibly endorse anything that violates the constitutional provision. The Constitution only provides for local autonomy. That does not provide for a so-called sub-state,” Santiago said.

 

Last April, Santiago claimed that based on her preliminary study, the Bangsamoro Agreement apparently contains provisions very similar to those contained in the Memorandum of Agreement on Ancestral Domain (MOA-AD) which the Supreme Court declared as unconstitutional. The MOA-AD was crafted during the time of President Gloria Arroyo.

Santiago said it will be extremely difficult for her to be persuaded, as chair of the Senate committee on constitutional amendments, that the Bangsamoro Agreement - dubbed as the crowning glory of the Aquino administration - respects the Philippine Constitution or does not violate the principle of constitutional supremacy.

The agreement or CAB - on which the BBL was based - will pave the way for the establishment of a new Bangsamoro political entity, not a mere autonomous region as provided for by the Constitution, but a “sub state” which will exercise certain sovereign powers that should be reserved only for the central government, Santiago had pointed out before.

The same seems to be still the position of the senator, when asked about the issue, now that the BBL bill has been filed in the upper chamber and is due to be deliberated upon anytime soon.

“I’m chair of the committee on constitutional amendments. Remember I have the power as chair, since we operate under a committee system, the Senate and House, meaning to say we generate trust, the leadership of the committee chairperson. I’m chair of the committee on constitutional amendments so I’m definitely against the notion that the Constitution should be changed to accommodate one person. That makes for a very, very bad law,” she said.

Misuari, Kato inputs? Depends on panels

When asked on the need for inputs of former Moro National Liberation Front (MNLF) chair Nur Misuari and Bangsamoro Islamic Liberation Freedom Fighters (BIFF) leader Ameril Umbra Kato before Congress can seal its approval,  Santiago tossed the issue to the committees that will handle deliberations on the BBL.      

“That depends on the panels that have been appointed and vested with authority over this. They are in effect volunteering their services but there is nothing under the existing law creating these panels of the peace process [that compels] them to listen to whoever might be the person and no matter what is his identification -- compelling the .to act as a listening post to this person or to give him time to formulate his own opinions. There’s nothing there."

Right now, she added,  the matter of inviting Misuari or Kato or both should be considered as just a request, stressing that "there’s nothing that can compel the peace panel to stop proceedings just so they can air their misgivings over these provisions."

Saying it's complicated and fraught with risk, Justice Secretary Leila de Lima had earlier urged caution on the proposal of Rep. Rufus Rodriguez to freeze the arrest warrants on Misuari and Kato, so they can attend congressional deliberations on the BBL and provide their inputs.

While Santiago does not see a compelling reason to bring the two Muslim leaders to Congress, still, she said the matter of their being considered fugitives will not suffice as a reason not to hear them out.

“[The fact that] they are facing criminal charges does that disqualify them from expressing an opinion borne out of personal experience,” she said.

“That’s within its authority (committees in the two Houses of Congress that will handle the BBL). If it will do its job in a better way by that method [calling the two leaders], then by all means we must support the panel. They have been a panel precisely to solve the problem so they should be free to take the steps that they think are necessary,” she added.

http://www.interaksyon.com/article/95606/sen--miriam-opposing-sub-state-provision-in-bangsamoro-law-says-its-unconstitutional