The business sector expressed support for the passage of the
Basic Bangsamoro Law (BBL) during the first public presentation of the Report
of the Peace Council on Thursday.
What are the potential issue that they (businessmen) might
face with BBL? These were identified in a discussion according to Michael
Montelibano, head of the Business Development and Innovation, Ayala
Corporation, and representative of Jaime Augusto Zobel de Ayala in the
presentation.
The group reviewed the draft articles of the BBL and related
materials like the Bangsamoro Development Plan. It also consulted BBL experts
and stakeholders.
After a detailed discussion with members of the cluster and
resource persons, the group identified 13 potential economy and patrimony
issues which, Montelibano said, could be addressed through providing a more
detailed explanation and information. These are:
1. Natural resources
The group asks how can this affect the private sector’s
ability to invest in related sectors if the Bangsamoro government will have
exclusive powers on ancestral domain and natural resources.
This is not an issue, the group realized, as devolution is
already happening.
2. Labor matters
With regard to labor matters, the group thinks there’s a
need to clarify how deviations may be legislated by the Bangsamoro.
3. Land transfer
As land acquisitions and titles shall be governed by the
Bangsamoro government, it may or may not be consistent with the rest of the
country.
However, land titles that were already registered under the
national system will be honored by the Bangsamoro government.
4. Customs and tariff
This is a potential issue as it may promote more smuggling
in the region. The group thinks there’s just a need for further clarification
with the manner of enforcement.
5. Infrastructure
Will the government’s infrastructure development program
(public-private partnership or PPP) still apply in the Bangsamoro? This is
another thing that the group seeks further clarification.
6. Power sector
The Bangsamoro government will regulate generation,
transmission, and distribution when not connected to national grid. As such,
the group thinks there’s a need to develop and disclose parameters managing
power projects connected to national grid.
7. Transport and communication
Another area that the cluster seeks for further
clarification is on transport and communication. Montelibano said the
Bangsamoro government will need to work closely with various agencies (such as
the DOTC, CAB, MIA, PPA, LTFRB, LTO and NTC) to determine any additional powers
as well as the extent of check and balance mechanisms.
8. Power to temporarily take over business
Montelibano pointed out that the chief minister may order
the temporary takeover of any privately-owned business affected with public
interest in times of state of calamity.
With this, there’s a need to define specific set of instances
where businesses can be taken over by the chief minister.
9. Taxes
The business community is curious on how their businesses
will be taxed under a new tax regime. Montelibano clarified, however, that this
needs not to be an issue since major taxes in Bangsamoro are same as national
taxes. “Taxes may actually be set lower in the region to promote investment,”
he added.
10. Inland waters
Since the Bangsamoro government may enact laws on
regulation, management and protection of resources, the cluster seeks further
clarification to ensure that access to water will remain equitable.
11. Block grant
Montelibano pointed out that the public’s perception on the
block grant is that the Bangsamoro will receive more than its due share of the
national internal revenue. But the cluster thinks this just needs more details
and a clear explanation on amounts that the Bangsomoro government will receive.
12. Auditing body
While the public’s perception is that Bangsamoro will have
its own audit commission independent of Commision on Audit, the economy cluster
thinks that this needs not to be a contentious issue.
This is a misinterpretation according to Montelibano. “If
any rewording is necessary to avoid misinterpretation, the provision in the
Comprehensive Agreement on the Bangsamoro may be considered,” said Montelibano.
13. Security
“This is an important economic issue for us, investors,”
Montelibano highlighted. He added that peace and order also affect the growth
of businesses in the area.
Montelibano reiterated that these 13 potential issues will
certainly be addressed with clarifications. “We support the BBL. I think
everybody will benefit from peace,” he told the Philippines News Agency.
http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=759747
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