Ex-chief justices to speak on constitutionality of BBL

MANILA, Philippines - Retired chief justices Artemio Panganiban, Hilario Davide Jr. and Reynato Puno, along with four other retired Supreme Court (SC) justices, two former Cabinet secretaries, and a retired elections chairman have been invited to speak on the constitutionality of the proposed Bangsamoro Basic Law before the House of Representatives tomorrow and on Wednesday.

Cagayan de Oro City Rep. Rufus Rodriguez, head of the House special committee scrutinizing the draft law, said they have also invited as speakers retired Justices Antonio Eduardo Nachura, Leonardo Quisumbing, Vicente Mendoza and Adolf Azcuna, former justice secretary Simeon Datumanong, former defense secretary Avelino Cruz, and retired elections chairman Christian Monsod.

“After our successful hearings in Maguindanao, Cotabato City, Tacurong City, Sultan Kudarat, Koronadal City, South Cotabato, and General Santos City last Oct. 22 to 24, we will continue hearings in the Batasan, where we will focus on the constitutionality of the draft BBL,” he said.

Rodriguez said invitations were also sent to Manuel Lazaro of Philippine Constitution Association, Vicente Joyas, Nasser Marohomsalic and Roan Libarios of Integrated Bar of the Philippines, and law deans Danilo Concepcion of the University of the Philippines, Sedfrey Candelaria of Ateneo de Manila University, Melencio Sta. Maria of Far Eastern University, Virgilio Jara of San Beda College, Jose Sundiang of Arellano University, and Ferdinand Tan of San Sebastian College.

The committee wants to be clear on the constitutionality of the proposed law to avoid a constitutional challenge before the SC, he added.

A challenge would delay the setting up of the envisioned Bangsamoro region and the peace process in Mindanao, Rodriguez said.

Some Mindanao lawmakers said the parliamentary system for the envisioned Bangsamoro region would be incompatible with the presidential form of government provided in the Constitution. The draft law also seeks to extend the proposed region’s territorial waters and aims to grant it authority over the airspace that could run in conflict with national laws and policies, they added.

As for separate auditing, former national treasurer Leonor Briones said the Constitution provides for only one national audit body – the Commission on Audit (COA). 

Government peace negotiators led by the presidential adviser on the peace process have told the committee that the COA would prevail in case of conflict between Bangsamoro and national auditors.

As for separate police and security forces, these would be part of the Philippine National Police and the Armed Forces, although the regional government would organize them.