Power generation in the Bangsamoro is subjected to intense debates nowadays in relation to the deliberation and eventual passage of the Bangsamoro Basic Law (BBL) in Congress. On the side of some Moros especially the young and the idealists, they seem to want full ownership of the power-generations plants established therein even if they are owned and funded by private or public funds, while on the side of some politicians and businessmen who are non-Moros, they want to treat Lake Lanao, a major source of power in Mindanao, as no longer part of the Bangsamoro.
Clearly, both groups have adopted extreme standpoints on their views and dispositions and are virtually talking out of context of what the Annex on Power-Sharing of the Framework Agreement on the Bangsamoro (FAB) and the “Agreed Version” of the Bangsamoro Basic Law (BBL) crafted by government and the Bangsamoro Transition Commission (BTC)-MILF explicitly said on the generation, transmission, and distribution of power operating exclusively within the Bangsamoro and when the same is connected to the national transmission grid, in which case, there shall be cooperation and coordination between the Central Government and the Bangsamoro Government through the intergovernmental relations mechanisms.
Lake Lanao is part of inland waters of the Bangsamoro, which in the delineation of powers in the Annex on Power-sharing of the FAB falls with the competence of the Bangsamoro. As long as the Bangsamoro Government exercises its powers and authority granted to it by law, in this case, the BBL, it is legally free to do so and shall remain uninfringed, but when it strays out of this way or limitation, then the intergovernmental relations mechanism will apply. The same principle applies to the Central Government in its exercise of reserved powers on the Bangsamoro territory; meaning, it cannot, except in exceptional circumstances like rebellion, overstep the principle of autonomy granted by law to the autonomous entity. In such a case, similarly, the Bangsamoro Government can invoke or resort to the intergovernmental relations mechanism to resolve the issue, or in special situation, the same shall be brought to the President through the chief minister of the Bangsamoro Government for resolution. This is the essence of the observance of the “Principle of Parity of Esteem”, indicated in Article VI, on Intergovernmental Relations, of the proposed BBL now entered as House Bill 4994, to wit: “The Central Government shall respect the exercise of competences and exclusive powers of the Bangsamoro Government. The Bangsamoro Government shall respect the exercise of the competences and reserved powers of the Central Government.
It is on this premise that such claim that the regulation of existing hydropower plants in Lake Lanao will remain primarily under the concerned national government agencies is not accurate, and, therefore, should be corrected at once. One can never find any supporting provision both in the FAB or its annexes and the Agreed Version of the BBL. More prominently, it is not one of the 14 powers to be concurrently exercised by the Central Government and the Bangsamoro Government.
In this proposed bill, in Article XIII on Economy and Patrimony, Section 22, on Inland Waters, it runs thus: “The Bangsamoro shall have exclusive powers over inland waters, including but not limited to lakes, marshes, rivers and tributaries. The Bangsamoro Parliament shall enact laws on the regulation, management and protection of these resources. It may create a Bangsamoro office and authorities for specific inland waters that shall exercise management powers over these bodies of waters. The Bangsamoro Government shall ensure that the utilization of these waters shall primarily be for the benefit of the people of the Bangsamoro and shall ensure that communities in the Bangsamoro in whose territory these waters are found are given an equitable share from the revenues generated from such utilization.”
In the Annex on Power-sharing of the FAB, to restate, the Bangsamoro Government shall have authority to regulate power generation, transmission, and distribution operating exclusively in the Bangsamoro. It shall promote investments, domestic and international, in the power sector in the Bangsamoro. Power plants and distribution networks in the Bangsamoro shall be able to interconnect and sell power over the national transmission grid to electric consumers. The Bangsamoro may assist electric cooperatives in accessing funds and technology to ensure their financial and operational viability. When power generation, transmission, and distribution facilities are connected to the national transmission grid, the Central Government and the Bangsamoro Government shall cooperate and coordinate through the intergovernmental relations mechanisms.
Where, therefore, lays these unfounded fears that the Bangsamoro Government would deprive the rest of Mindanao of power generated from Lake Lanao? Would the cutting off the flow of the lake submerge the lowlands of the Maranaos and put them collectively in harm’s way? Is it good business when only those in the Bangsamoro buy power from this power generation when, as a matter of fact, that under current situation, there are more money and buyers outside of the Bangsamoro than inside it?
http://www.luwaran.com/index.php/editorial/item/1269-power-generation-in-bangsamoro
Lake Lanao is part of inland waters of the Bangsamoro, which in the delineation of powers in the Annex on Power-sharing of the FAB falls with the competence of the Bangsamoro. As long as the Bangsamoro Government exercises its powers and authority granted to it by law, in this case, the BBL, it is legally free to do so and shall remain uninfringed, but when it strays out of this way or limitation, then the intergovernmental relations mechanism will apply. The same principle applies to the Central Government in its exercise of reserved powers on the Bangsamoro territory; meaning, it cannot, except in exceptional circumstances like rebellion, overstep the principle of autonomy granted by law to the autonomous entity. In such a case, similarly, the Bangsamoro Government can invoke or resort to the intergovernmental relations mechanism to resolve the issue, or in special situation, the same shall be brought to the President through the chief minister of the Bangsamoro Government for resolution. This is the essence of the observance of the “Principle of Parity of Esteem”, indicated in Article VI, on Intergovernmental Relations, of the proposed BBL now entered as House Bill 4994, to wit: “The Central Government shall respect the exercise of competences and exclusive powers of the Bangsamoro Government. The Bangsamoro Government shall respect the exercise of the competences and reserved powers of the Central Government.
It is on this premise that such claim that the regulation of existing hydropower plants in Lake Lanao will remain primarily under the concerned national government agencies is not accurate, and, therefore, should be corrected at once. One can never find any supporting provision both in the FAB or its annexes and the Agreed Version of the BBL. More prominently, it is not one of the 14 powers to be concurrently exercised by the Central Government and the Bangsamoro Government.
In this proposed bill, in Article XIII on Economy and Patrimony, Section 22, on Inland Waters, it runs thus: “The Bangsamoro shall have exclusive powers over inland waters, including but not limited to lakes, marshes, rivers and tributaries. The Bangsamoro Parliament shall enact laws on the regulation, management and protection of these resources. It may create a Bangsamoro office and authorities for specific inland waters that shall exercise management powers over these bodies of waters. The Bangsamoro Government shall ensure that the utilization of these waters shall primarily be for the benefit of the people of the Bangsamoro and shall ensure that communities in the Bangsamoro in whose territory these waters are found are given an equitable share from the revenues generated from such utilization.”
In the Annex on Power-sharing of the FAB, to restate, the Bangsamoro Government shall have authority to regulate power generation, transmission, and distribution operating exclusively in the Bangsamoro. It shall promote investments, domestic and international, in the power sector in the Bangsamoro. Power plants and distribution networks in the Bangsamoro shall be able to interconnect and sell power over the national transmission grid to electric consumers. The Bangsamoro may assist electric cooperatives in accessing funds and technology to ensure their financial and operational viability. When power generation, transmission, and distribution facilities are connected to the national transmission grid, the Central Government and the Bangsamoro Government shall cooperate and coordinate through the intergovernmental relations mechanisms.
Where, therefore, lays these unfounded fears that the Bangsamoro Government would deprive the rest of Mindanao of power generated from Lake Lanao? Would the cutting off the flow of the lake submerge the lowlands of the Maranaos and put them collectively in harm’s way? Is it good business when only those in the Bangsamoro buy power from this power generation when, as a matter of fact, that under current situation, there are more money and buyers outside of the Bangsamoro than inside it?
http://www.luwaran.com/index.php/editorial/item/1269-power-generation-in-bangsamoro
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.