February 9, 2015 file photo of an anti-BBL rally at the Senate. The controversial provisions of the draft measure are not unconstitutional, asserts a lawyer of the government peace panel - they are just the subject of a deliberate misinformation. INTERAKSYON.COM
Four key provisions of the draft Bangsamoro Basic Law (BBL) which critics - including some lawmakers - deem unconstitutional are being wrongly interpreted and thus do not need revising, a member of the legal team of the government peace negotiating panel said Monday.
Atty. Mohammad Al-amin Julkipli described as misinformation the stand of the anti-BBL camp that the four provisions– on the creation of agencies of constitutional bodies, the funding for Bangsamoro, the justice system in the region and the regional PNP command in Bangsamoro – need to be revised or removed for running counter to the Constitution.
"We don't know where this misinformation [is] coming from and what the agenda of these critics are, considering that we have previously engaged them and explained these specific provisions," he added. "We call on the Filipino people to be very cautious in dealing with these types of reports," he said.
P35-billion Bangsamoro fund
"For one, we have already repeatedly debunked the issue that the Bangsamoro will get an initial P75-billion funding in its first year," Julkipli said.
“PhP35 billion lang ang kabuuang pondo para sa unang taon ng Bangsamoro at ang halagang ito ay hindi nalalayo sa kasalukuyang alokasyon para sa Autonomous Region in Muslim Mindanao (ARMM). [The total funding to be directly allocated to the Bangsamoro regional government for its initial year of operation will only amount to PhP35 billion, and this amount does not significantly depart from the current allocation for the ARMM.]”
He pointed out that the PhP35-billion fund is broken down into the following: PhP1-billion for the transition from the Autonomous Region in Muslim Mindanao Regional Government to the Bangsamoro Government; PhP7-billion Special Development Fund for the first year (and PhP2- billion per year for the next five years) to allow the poverty-stricken and conflict-affected region to catch up in terms of development through infrastructure build-up and intensified delivery of social services; and PhP27-billion estimated block grant in 2016 which will be used for economic development, payment for salaries of teachers and health workers and all other educational and health services.
These are the only funds that will be allocated to the region under the BBL and, hence, the only amounts that should justly be counted as allocations therefor.
Atty. Julkipli asserted that it is not proper to add to the regional funds the values for the Internal Revenue Allocations (IRA) of the LGUs that may be included in the Bangsamoro, as well as the funds that are included in various national agency budgets dedicated for the ARMM. He explained why: these monies are not allocated to the autonomous region per se but to the different LGUs and the national agencies, respectively. "Take these values out of the equation and we will certainly not reach P70 billion," he said.
According the the Department of Budget and Management, the ARMM LGUs received P18 billion in 2015.
Shari'ah Law
"In terms of the implementation of the Shari'ah Law in the Bangsamoro, it will apply to Muslims only,” Julkipli said. "The Shari’ah courts would not cover non-Muslims as regular courts would still exist in Bangsamoro."
He also insisted that the Supreme Court has the ultimate power of reviewing all decisions by the Shari’ah courts in the Bangsamoro as practiced now.
"There will be no separate justice system in the Bangsamoro. In the BBL, the special courts that are to be institutionalized or strengthened therein shall all be part of the singular Judiciary that remains to be under the administration and control of the Supreme Court. That is true for the Shari'ah Courts in the Bangsamoro as well as the tribal/customary courts," according to him
Constitutional bodies
He sought, meanwhile, to allay fears that new and distinct agencies duplicating the work of Constitutional bodies such as the Commission on Audit (COA), Commission on Elections (COMELEC), and Commission on Civil Service (CSC) will be created under the Bangsamoro.
The Bangsamoro agencies will indeed be created, but they will not supplant the constitutional agencies. He did not explain, however, how the two sets of agencies will relate to each other.
“The proposed Bangsamoro agencies will not supplant nor will they, in any way, derogate from or take away the constitutional powers and duties of the Constitutional Commissions and other constitutionally-mandated offices,” he said.
“In fact, the draft law is emphatic in articulating that the existence and functioning of these Bangsamoro agencies shall be without prejudice to the powers and duties of the Constitutional Commissions.“
The goal in including their creation in the BBL is simply to "strengthen checks and balances in the Bangsamoro and supplement the work of the Constitutional bodies, hence the proposed establishment of auditing, civil service, election and human rights units."
"Ang pinagmulan po ng proposal na yan ay ang kagustuhan na paigtingin ang checks and balances at hindi ang mapalitan ang [That proposal arose from the desire to strengthen the checks and balances and not to supplant the] COA, COMELEC at iba pa," Julkipli said.
No automatic integration into AFP or PNP
Julkipli also denied that members of the Moro Islamic Liberation Front members would be automatically integrated into the Armed Forces of the Philippines and the Philippine National Police.
“The truth is very far from that since this is not provided in the BBL as the desire of the government and the MILF in the Comprehensive Agreement on the Bangsamoro is to submit all MILF armed combatants and their families to the normalization and decommissioning processes so they can return to their normal lives, and not to a life of arms anymore,” Julkipli said.
However, there is no prohibition for MILF members to apply with the AFP or the PNP, but they will have to go through the same rigorous processes that all AFP and PNP members go through.
The legal panel member also allayed fears that the creation of the Bangsamoro will lead to secession. "There's no truth to that. Ang Bangsamoro ang magbibigay katuparan sa nakasaad sa Philippine Constitution na totoong otonomiya para sa Muslim Mindanao (The Bangsamoro will implement the provision in the Philippine Constitution for true autonomy in Muslim Mindanao).
http://www.interaksyon.com/article/107958/4-controversial-bbl-provisions-just-a-subject-of-misinformation---peace-panel-lawyer
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