Except for some minor refinements and clarifications, the
Citizen Peace Council has found the Bangsamoro Basic Law (BBL)
"overwhelmingly acceptable".
”The BBL is overwhelming acceptable and deserves the support
of all the Filipinos,” said Ateneo de Davao University president Rev. Fr. Joel
Tabora on Tuesday at the resumption of the Senate hearing on the BBL.
Tabora represented Manila Archbishop Luis Antonio Cardinal
Tagle, one of the five members of the Peace Council formed by President Benigno
Aquino III almost a month ago to take a closer look at the draft BBL.
Before the hearing, the Citizen Peace Council submitted to
the Senate its full report on the BBL where it recommended some minor
refinements and sought clarifications on some provisions of the proposed law.
The council members led by former Chief Justice Hilario
Davide Jr. handed to Senate President Franklin Drilon and Senate committee on
local government chairman Sen. Ferdinand "Bongbong" Marcos Jr. a
one-inch thick report at the Office of the Senate President.
Davide, who served as Supreme Court (SC) Chief Justice from
1998 to 2005, was accompanied by former Ambassador Howard Dee, former education
Secretary Edilberto de Jesus, and peace advocate Bai Rohaniza Sumndad-Usman.
”We are so happy that we have been given the chance to
submit this report to the Senate. We can assure you, that we tried our very
best to achieve some very constructive recommendations to ensure that the BBL
will be able really promote justice, peace, not only in Mindanao, but also in
the entire Philippines,” Davide told the media after the submission of the
Peace Council report.
For his part, Drilon said: “I hope that the report of the
Peace Council can clarify many of the doubts that will be raised based on a
matter of principle, matters of law, in the course of the hearings conducted by
Senator Bongbong Marcos.”
Marcos expressed optimism that the Peace Council report
would “certainly clarifies certain matters.”
”This would help to assess the law, making it less and less
likely necessary for us to think about the speeding up of the process,” Marcos
said.
During the BBL hearing, Davide identified some major
contentious issues and came out with the major findings made by the council.
The council concluded that the BBL does not make the
Bangsamoro government a state.
”The provisions on people, territory and self-determination
do not imply the creation of a separate state but are consistent with the
constitutionally mandated creation of autonomous region,” the council stated in
its nine-page summary report.
However, the peace council recommended to delete the
references to the opt-in provisions of the proposed law, saying “the creation
of an autonomous region is a sole function of Congress.
”The core of Bangsamoro territories should not be allowed to
increase indefinitely by the periodic vote of 10 percent of registered voters
in the outer territories,” Davide told the Senate panel.
The council also recommended that the phrase
"ministerial form of government” in the BBL be dropped in favor of
‘parliamentary’ form for purposes of consistency and clarity.
It also suggested the refinements of the provision that
allows new parliamentary elections upon a two-thirds of vote of no confidence
of all members of parliament, saying “it run counter to the constitutionally
mandated synchronization of national and local elections.”
The council also recommended that Article IV, Section 6 on
Devolution and Subsidiarity be amended “to read “Principles of Devolution and
Subsdiarity, and of Solidarity.”
The council found that the SC and the constitutional bodies
will continue to maintain the powers that are given them under the
Constitution.
However, the council suggested to Congress to make it clear
that the judicial power remains with the SC while the BBL envisions the
creation of special lower courts under the SC’s control and supervision.
”The BBL provision that states that the decisions of the
Shari’ah High Court shall be final and executory invites controversy. In order
to avert any confusion, the provision may be amended to include the clause,
subject to the review powers of the SC,” Davide said.
On the constitutional bodies, the peace council suggested to
make sure that the Bangsamoro special bodies such as auditing body, civil
service office, human rights commission, commission on elections should make
sure that they “were created with the goal of supplementing, not supplanting ,
the work of their national counterparts.”
On the management of peace and order, the council said the
security and maintenance of peace and order rests with the Bangsamoro police
“which will remain part of the national police.”
The council also sought clarification on some potential
issues and advised the Senate to address them such as management and control of
natural resources, labor and legal framework, land registration and management,
customs duties and tariffs within the Bangsamoro, investments and tax
management.
The council also found that the draft of the BBL does
fulfill its mandate on social justice and human development.
However, the council suggested some refinements such as
inclusion of terms such as Non-Moro Indigenous Peoples and Fusuka Inged, “among
others, to make the law more readable”; and, expansion of reserve seats for
youth, women and the Indigenous Peoples.
On the decommissioning process, the council expressed
concerns over the lack of a clear and specific timeframe for its
implementation.
Davide, however, clarified that the BBL complies with the
Constitution’s mandate for the creation of autonomous regions.
”While imperfect, it is a significant document that should
serve as catalyst for building national consensus towards the realization of
the long term aspiration, expressed by the country three decades ago, for
justice , solidarity and peace, for Mindanao and for the entire Philippines,”
Davide said.
Davide said it is still the Congress which has the sole power
to decide whether to adopt the council’s recommendations.
Marcos and Senator Francis "Chiz" Escudero, who
also attended the BBL hearing, thanked the peace council members for their
recommendations on how to make a better BBL that would serve as legal basis for
the creation of the Bangsamoro government.
“We want to look closer into the findings and
recommendations of the peace council, particular those that would help in our
task of crafting a version of the BBL that would ensure peace in Muslim Mindanao,”
Marcos said.
”We admire the council members for being honest with their
recommendations and suggested refinements,” Escudero, for his part, said.
Marcos said his committee will conduct hearings in Zamboanga
and Jolo on May 12 and 13 and then returned to Manila
Marcos said the Senate will not pass the BBL as submitted by
Malacanang to the House of Representatives and the Senate.
http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=758959
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