GPH peace panel chief admits some parts of BBL need fine- tuning

From the Philippine News Agency (Jan 26): GPH peace panel chief admits some parts of BBL need fine- tuning

Philippine Government Peace Panel Chairperson Miriam Coronel-Ferrer admitted on Monday that some particular provisions of the proposed Bangsamoro Basic Law (BBL) require some fine-tuning to make it effective in achieving lasting peace in Mindanao.

”For particular provisions in the draft BBL, we know that some fine-tuning will be necessary in some parts,” Ferrer told the media after the Senate hearing on the constitutionality of the BBL chaired by Senator Miriam Defensor-Santiago.

”With good reasons and the right intention, I’m sure both parties will find this as a positive measure to precisely ensure that we will not falter in our road map,” she added.

Ferrer, however, clarified that the government peace panel is committed to stand-by on the provisions provided for in the Comprehensive Agreement on Bangsamoro (CAB) signed between the GPH and the Moro Islamic Liberation Front (MILF) in March last year.

”We believe that we have already stood all the scrutiny ever since we signed one annex after another until we signed the CAB. No viable challenge has emerged since all this time,” Ferrer said.

Ferrer made this assurance after some law experts, including Santiago, questioned some provisions of the BBL, particularly the creation of the parliamentary form of government that will govern the Bangsamoro.

”It is submitted that to allow a part of the country to be governed under a parliamentary form of government, when the Constitution, itself, proclaims that the whole country has adopted the presidential form of government would be, to say the least, incongruous,” former Senator Aquilino ‘Nene’ Pimentel Jr. said.

Justice Vicente Mendoza said he finds the proposed BBL contrary to the mandate of the Constitution.

”We do not have separation of powers because we are under the presidential form of government,” Mendoza said.

Santiago, a constitutional expert, said the country cannot have a parliamentary form of government in another area of its territory.

”Can we have a parliamentary form of government in another area when all the rest of us are in presidential form of government? Answer: No, you can’t. That will work only if there is a federal form of government,” Santiago explained to the media.

Both Santiago and Pimentel said the country cannot have what is called “asymmetrical relationship” by which the BBL merely enhances its incompatibility with the presidential form of government.

”Will the assertion of an ‘asymmetric relationship’ suffice to justify the installation of a parliamentary form of government for the Bangsamoro in lieu of the presidential form? That might need not only a judicial determination to settle, but a constitutional amendment,” Pimentel explained.

”There are many, many items, which may appear small but which are gargantuan in consequence, implied by the BBL,” Santiago said.

With the opinions shared by the constitutional experts, Santiago expects some of the senators who signed as co-authors of the Senate Bill No. 2408 or BBL might change their minds.

”Perhaps if they read our consolidated report, where I will summarize the arguments that have been raised here by no less than some of our most brilliant minds in law today, I’m sure that those who signed as co-authors might be willing to change their minds,” Santiago said.

As this developed, Senate Majority Leader Alan Peter Cayetano withdrew his co-authorship of the BBL also due to the killing of the 50 policemen by the MILF in Maguindanao.

”With the recent events involving the slaughter of our policemen in Mindanao, there is reason to doubt the commitment of the MILF for a framework peace and development in Mindanao. So I’m withdrawing my co-authorship of the BBL,” Cayetano said.

Other senators who co-authored the BBL are Senate President Franklin Drilon and Senators Vicente Sotto, Loren Legarda, JV Ejercito, Nancy Binay, Francis ‘Chiz’ Escudero, Paolo Benigno Aquino IV, Teofisto Guingona III, Gregorio Honasan II, Ralph Recto, Juan Edgardo Angara, and Pia Cayetano.

Despite questions on the constitutionality of the BBL, Ferrer still trusts the Senate and the House of Representatives will come out with a law that will help transform Mindanao.

”It cannot be avoided that we have different interpretation and opinion and this is certainly part of the consultation process. But at the end of the day, every senator and every member of Congress will sit down and study the proposed law,” Ferrer said.

”We have shared the intention to have a good law that will stand our constitutional scrutiny,” she added.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=729323