During
Wednesday's Senate plenary hearing on the Basic Law for the Bangsamoro
Autonomous Region (BLBAR), the amended version of the Bangsamoro Basic Law
(BBL) authored by Senator Ferdinand “Bongbong” Marcos, Jr. as Senate Committee
on Local Government chair, Senator Teofisto “TG” D. Guingona III questioned the
deletions from the original draft, which he believed were vital to the identity
and operation of the autonomous region.
“My
review of the BBL takes off from the following objectives: first, to highlight
the primacy of the Constitution as basis and framework for the mandate of
government in peace negotiations and creations of autonomous regions. Second is
to acknowledge the nature, context, and significance of the draft BBL both as a
legislative measure and a peace process instrument,” explained Guingona.
The
lawmaker from Bukidnon began his interpellation by questioning the deletion of
the preamble in the Senate BLBAR filed as Senate Bill No. 2894. Guingona argued
that Republic Act No. 9054, the bill’s predecessor and the implementing law of
the current Autonomous Region in Muslim Mindanao, also a carried a preamble and
that had not been found as “constitutionally repugnant.” Republic Act 6734,
which preceded R.A. 9054 and established the ARMM, also include a preamble or
prefatory statement.
Marcos
explained that “constitutionality did not really come into the reasoning that
led to the removal of the preamble.” He added that it was done to “remove any
suspicion or fear that we are writing a constitution for a separate state.”
Conversely, Guingona countered that a preamble is simply an “introductory
statement” that “usually states the reasons or/and the intent of [a] law.”
“It
would be helpful to have preamble because it will prevent confusion. A preamble
is a statement of intent. If you are saying there are fears that [the
Bangsamoro] might not be part of the Philippines , that this might be a
first step [toward secession], then let us state ‘it is not so’ in the
preamble,” added Guingona.
Matter
of inland waters
“Inland
waters jurisdiction has already been given over to the Autonomous Region in
Muslim Mindanao under R.A. 9054. This has been taken away in [the BLBAR],” said
Guingona, adding that the 1987 Philippine Constitution also guarantees
autonomous regions to have jurisdiction over natural resources such as inland
waters.
Natural
resources as well as economic development are among the legislative powers
listed under Section 20, Article X of the 1987 Philippine Constitution that can
be vested by organic acts, such as the BBL and the BLBAR, to autonomous
regions.
Marcos
commented that his committee only intended to preserve the powers of local
government units over inland waters as guided by the Local Government Code of
1991. He added that the Bangsamoro parliament, once established, could always
pass laws that would enhance the regional government’s administration and
management over inland waters.
However,
Senate President Franklin Drilon, in his questioning, pointed out that
authority was not given to the Bangsamoro government to amend the said code.
“[The Bangsamoro] cannot transgress national laws. Therefore, I think we should
already give them the jurisdiction over the preservation and management of
inland waters,” Guingona seconded.
Other
deletions grilled
Guingona
directed his next questions on the deletion of provisions referring to the
Shari’ah High Court. “From my review, I do not see anything unconstitutional in
retaining the Shari’ah High Court.”
Quoting
the 1987 Philippine Constitution, the solon from Bukidnon explained that
“judicial powers shall be vested in one Supreme Court and in such lower courts
as may be established by law.”
Despite
the name, the original draft of the BBL clearly stated that the decisions of
the Shari’ah High Court are subject to the judicial review of the Supreme
Court.
Marcos
said that the deletion was motivated by an attempt to streamline operations and
cut cost, citing the low number of cases shari’ah courts established under
Presidential Decree No. 1083 have been receiving. “There is no legal principle
we are trying to impose in the deletion of those provisions,” commented Marcos.
Guingona
contradicted Marcos’ statements by highlighting that the establishment of the
Shari’ah Courts was not a simple matter of case load. “The closest analogy is
the Court of Tax Appeals because taxation, being a complex matter, Congress saw
it fit to create a Court of Tax Appeals when we could have done without it with
the presence of the Court of Appeals.”
“[Shari’ah
law] is not just complex in terms of being technical, but there are cultural
and religious aspects on this matter which the Court of Appeals justice may not
be predisposed to handle,” added Guingona.
Moving
on to the provision on the Special Development Fund (SDF), a P17 billion cash
fund which will be disbursed to the Bangsamoro government by the national
government for purposes of rehabilitation and development, Marcos admitted that
he did not see the purpose for establishing such a fund.
Guingona,
who hails from Mindanao , disputed that there
was an actual and immediate need for the SDF. “I see a need and I see an
opportunity: the need is that the [would-be Bangsamoro] is one of the poorest,
if not the poorest areas in the country. The poverty is stark, illiteracy is
high, and health conditions are below par. Clearly, there is a need.”
“Secondly,
here we are creating a Bangsamoro autonomous region, a new entity. This is an
opportunity. We do not want it to fail like ARMM. Therefore, if we just give
them political autonomy without giving them the financial wherewithal, then we
are just dooming them to failure,” Guingona continued.
“Their
success in the Bangsamoro will be our success. Their success will be the
success of this country,” he added.
GOCCs
vs local enterprises
Guingona
also asked Marcos why provisions on the creation of government owned and
controlled corporations (GOCCs) had been deleted. “We shall say that whatever
[the Bangsamoro government] passes, whatever they create shall be consistent
with the Constitution, pertinent laws and Republic Act No. 10149, the GOCC
Governance Act of 2011.”
Marcos
yielded that the Bangsamoro, similar to local government units, could create
economic enterprises. “What a local government does is create what we referred
to as an economic enterprise. It is a financial operation where the local
government makes money. Tourism, for example, a resort, a restaurant, whatever
it is, development of a mall - that is an economic enterprise. And there is
nothing that holds an LGU.”
Senator
Ralph Recto, at this point, took the floor and offered an additional
explanation. “But the only confusion again is: What is a GOCC? What is a local
public enterprise? They are very similar. So, yes, local governments, and I
think the Bangsamoro region should be allowed to create a local GOCC or a local
public enterprise.”
“We
must provide the Bangsamoro region with the legal authority to create whatever
we want to call it, a GOCC, a local GOCC, or a local public enterprise,” Recto
concluded.
After
his interpellation, Guingona reserved the right to bring up the matters
discussed in a future time. The Senate suspension was suspended until Monday, 7
September.
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