MILF: Peace Council submits report to House; BBL “overwhelmingly constitutional”

Posted to the MILF Website (Apr 27): Peace Council submits report to House; BBL “overwhelmingly constitutional”

Yesterday, April 27, the Peace Council created by President Benigno Aquino IIl to study and review the proposed Bangsamoro Basic Law (BBL) submitted its report to the House Ad Hoc Committee on BBL chair Rep. Rufuz Rodriguez of Cagayan De Oro City.  

Father Joel Tabora, President of the Ateneo De Davao University who represented Manila Archbishop Luis Antonio Cardinal Tagle, said that the bill was “overwhelmingly acceptable” but needs some little refinements.

“Over-all, we agree that the BBL is overwhelmingly acceptable, and deserves the support of all Filipinos… To set it aside now would be wasteful of previous efforts… There is enough good will on both sides to bring this agreement to its conclusion,” Tabora said.

Council member former Chief Justice Hilario Davide said the bill was compliant with the constitutional provision that allows autonomous regions in the country.

“The Bangsamoro Government, as constituted in the BBL, is compliant with the requirements of the Constitution,” Davide said.

He added that the establishment of a Bangsamoro government does not mean it is superior to the central government, or that the central government is a weaker state.

The bill also does not make another form of nationality in the country, he added.

“There are several objections to BBL provisions on ‘people’, ‘territory’, and ‘self-determination,’ because of the fear of an intended or unwitting creation or recognition of a separate Bangsamoro state. The Cluster finds that there is no basis for such fear,” Davide said.

“The grant of exclusive powers to the Bangsamoro Government is not tantamount to a superior Bangsamoro Government or a weakened Central Government. It only refers to powers that are devolved to the Bangsamoro Government, which remains under the Central Government, but as an autonomous region,” Davide said.

Davide also said there was nothing unconstitutional about the block grant to the Bangsamoro government, saying it is merely part of the region’s share in the internal revenue allotment or the local government unit’s share to national revenue.

He said the block grant is not similar to the defunct Priority Development Assistance Funds (PDAF) that was struck down as unconstitutional following a corruption scandal.

The grant, equivalent to four percent of the net national internal revenue collection sans the internal revenue allotment (IRA), is an automatic appropriation for the Bangsamoro meant to help the newly created entity financially until it is capable of standing on its own feet.

“As regards the fiscal autonomy provisions, we do not find any constitutional infirmity in the provisions of the BBL. The block grant is not akin to the PDAF that was declared unconstitutional by the Supreme Court. The block grant referred to in the BBL is similar to the Internal Revenue Allotment (IRA) under the Local Government Code,” Davide said.

Also, the creation of the Bangsamoro Human Rights Commission, Bangsamoro Auditing Body, Bangsamoro Civil Service Office, and Bangsamoro Electoral Office are not unconstitutional for interfering to the functions of the existing constitutional bodies, Davide said.

David said these bodies only seek to “supplement” not supplant, the existing constitutional bodies.

“The way that the BBL is structured would show that the powers exercised by the Bangsamoro special bodies are not exclusive powers but concurrent powers meant to be exercised in a coordinative and complementary manner with the National Constitutional Bodies, and without prejudice to the constitutional bodies’ exercise of their respective mandates and powers under the Constitution” Davide said.

However, he asked Congress to delete the provision allowing contiguous areas to be part of the Bangsamoro territory with a petition of 10 percent of registered voters.

Davide said the provision takes away from Congress its mandate in the creation of territorial regions upon a plebiscite.

“As regards the opt-in provisions of ‘contiguous territories’, the core Bangsamoro territories should not be allowed to increase indefinitely by the periodic vote of 10% of registered voters in the outer territories. The establishment of a plebiscite that fixes the territory is a Congressional prerogative that cannot be delegated. A perpetual opt-in provision makes the Bangsamoro territory indefinite and keeps the organic act in constant flux,” Davide said.

The Peace Council is composed of Manila Archbishop Luis Antonio Cardinal Tagle, former Chief Justice Hilario Davide Jr., Jaime Augusto Zobel de Ayala, Howard Dee and Muslim Princess Bai Rohaniza Sumndad-Usman.

http://www.luwaran.com/index.php/welcome/item/911-peace-council-submits-report-to-house-bbl-overwhelmingly-constitutional