‘Get SAF 44 killers before BBL passage’

MANILA, Philippines - Lawmakers are demanding the arrest of the Moro Islamic Liberation Front (MILF) fighters involved in the killing of 44 policemen in Mamasapano before the approval of the proposed Bangsamoro Basic Law (BBL) in Congress.

Cagayan de Oro Rep. Rufus Rodriguez, chairman of the 75-member ad hoc committee in the House of Representatives deliberating on the BBL, prodded the Department of Justice (DOJ) to speed up its investigation and file charges against the MILF guerrillas as the Aquino administration wants the draft law passed in June.

“You cannot just have peace if justice will not be served,” Rodriguez said over dzBB radio yesterday.

He noted that Justice Secretary Leila de Lima has asked for an additional two weeks from April 2 to finish her report and prosecute the alleged perpetrators.

While the Senate and the Board of Inquiry of the Philippine National Police have completed their respective probes and submitted their findings, Rodriguez stressed that the DOJ’s action is crucial.

“Ultimately, the accountability of any person for any crime would depend on what DOJ sees,” Rodriguez said.

The ad hoc panel suspended its deliberations on the BBL following public outrage over the involvement of the MILF in the killing of the 44 Special Action Force (SAF) policemen in Mamasapano, Maguindanao on Jan. 25

The BBL was drafted under the peace agreement between the MILF and the government. The proposed law seeks to create a new autonomous region in Mindanao led by the MILF.

The committee is scheduled to resume deliberations on April 20 after President Aquino pushed House leaders to pass the BBL during a meeting in Malacañang towards the end of February without “diluting it too much.”

Rodriguez said the prosecution of those involved in the killing of the 44 policemen would greatly boost the chances of House members voting for the BBL, but not after removing its unconstitutional provisions.

He also warned the MILF against blocking the arrest even as he asked the group to surrender its fighters involved in the killings.

Rodriguez said the MILF guerrillas are also Filipinos under the jurisdiction of the country’s justice system.

He noted pronouncements from the MILF that it will not surrender its men involved in the incident.

“Therefore we’re going to make sure that there will be an implementation of the arrest. They (MILF) have to follow the warrant of arrest. And they already know that the government is going to implement it. There’s no more coordination. They’ll be run over if that’s needed. There is no compromise when the case is already filed,” Rodriguez said.

He said the government would be seen as weak if it cannot enforce its warrants of arrest against the suspects.

Leyte Rep. Ferdinand Martin Romualdez hit the DOJ for its slow action on the case, pointing out that even the MILF has finished its probe.

“So our question is has anything been done at all? Can the widows or kin of the SAF 44 still expect justice for the slaughter of their husbands, sons or brothers?” Romualdez remarked.

He said the MILF leadership has repeatedly declared it will not surrender the killers, therefore it knows who the gunmen are.

“But despite this total disregard of the law, the government would not even demand the surrender of the killers. Adding insult to injury is the fact that instead of ensuring justice for the SAF 44, the government is already pushing heaven and earth for the passage of the proposed BBL untouched. So whose side is the government on, the MILF or the Filipino people?” he asked.

Cause and effect

Malacañang believes the Mamasapano incident caused a setback in the process of approving the BBL.

Presidential spokesman Edwin Lacierda said most Filipinos want peace and that people were only distracted by the Mamasapano incident.

“The Mamasapano incident made an effect but we need to look at the peace process in and of itself,” Lacierda said. “What we need to see now is the specific BBL that is being discussed before Congress, which is now being tackled by stakeholders.

“We continue to believe, the general population believes in the peace process and they so adhere to the importance of peace and to the principle that peace would bring a solution,” he added.

What the national government wants now is for the Mamasapano incident not to stand in the way of the passage by Congress of the BBL.

“We can discuss in a non-impassioned manner the peace process and, specifically, the BBL. We would like to provide a space for stakeholders other than those who have been speaking out very recently, to also share their voice and to share their discourse in an objective and in a deliberative process without emotions,” Lacierda said.

“And, again, looking at the prism of the peace process through the prism of stakeholders – all stakeholders involved,” he said.

President Aquino has formed a peace council in the effort to pitch for the BBL.

Lacierda maintained the President wants the National Peace Summit convened for purposes of educating the public in general about the benefits of a lasting peace in Mindanao, which should not be limited to the Mamasapano incident.

“The National Peace Summit was convened to engage more stakeholders. There are many stakeholders who are out there and this is an instrument by which all the stakeholders can converge and discuss peace,” he said.

Romualdez, on the other hand, said the President has lost all credibility to push for the BBL so he resorted to tapping well-respected non-government leaders to form the peace council.

He described the effort as a desperate public relations campaign.

“That’s (formation of council) an abdication on part of Malacañang which has lost all credibility to push the BBL,” Romualdez said.

“The President is aware that he is facing an uphill battle in Congress to pass the BBL that is why he is tapping a group of citizens’ leaders known for their integrity, credibility and wisdom to do the PR job,” he said

Former Manila mayor and Buhay party-list Rep. Lito Atienza said the peace council should still consult with Congress because it is the only one under the Constitution that can pass laws.

The United Nationalist Alliance (UNA) said Aquino is sowing fear to force Congress and Filipinos to accept the BBL.

On Friday, Aquino in a televised address renewed the call for the passage of the BBL, warning that failure to forge peace would mean “counting body bags.”

“The President is tacitly terrorizing people in the name of peace. He is busy sowing fear instead of reason and rational discourse on the proposed Bangsamoro Basic Law. He’s selling peace in the context of terror,” UNA interim president and Navotas City Rep. Toby Tiangco said.

Tiangco said the President has expressed desire to have the BBL enacted before his term ends.

Tiangco said every Filipino wants peace but the law granting autonomy to the Bangsamoro should be constitutional.

“We all want lasting peace but the BBL should not be at the expense of what the basic law of the land says. It is improper to rush its passage so we can claim that we have achieved peace in Mindanao,” he said.

Tiangco said it is the job of Congress to make sure that whatever law is passed should be within the framework of the Constitution.

Tiangco warned that if the current version of the BBL is passed, it could become the target of questions in the Supreme Court regarding constitutionality.

He added the Aquino administration has only itself to blame for the rush to pass the BBL, noting that the peace pact leading to the proposed measure was “legally flawed.”

“If the BBL does not follow the Constitution, then how can it guarantee lasting peace? Wouldn’t it be wise and prudent to sit down and thresh out the flaws of the bill to strengthen it?” he asked.

Constitutional issues

Sen. Ferdinand Marcos, for his part, said BBL must include a provision that will mandate the Bangsamoro people to pledge allegiance to the Philippine government and the Constitution.

Marcos, chairman of the Senate local government committee that reviews the proposed BBL, raised the possibility in a bid to stem widespread concerns that the grant of Bangsamoro independence would later pave way to moves to separate areas declared as Muslim Mindanao from the entire Philippine archipelago.

Marcos said the BBL will not pass at the Senate and the House of Representatives unless all the constitutional issues are addressed.

Marcos said he does not want the government to give any group the opportunity to declare separation from the Philippines.

According to Marcos, the Senate is ready to tackle anew the provisions of the BBL primarily to look into constitutional issues as well as the need to strengthen the ceasefire mechanisms to prevent a repeat of the Mamasapano incident.

“We have a process for peace so that we can avoid incidents like Mamasapano. We had SAF 44, what we are all doing are for peace,” he said.

Marcos stressed the need for more hearings to review the provisions of the BBL despite President Aquino’s pitch for its speedy passage.

“To those who are forcing it, there is a need to look into the misgivings of the BBL so we need to study it and change the provisions on the ceasefire mechanism. That role cannot be given to others, that is the job of legislation,” Marcos said.

Marcos said the committee would further dwell on the constitutional issues based on partial committee report by Sen. Miriam Defensor-Santiago, who chairs the Senate committee on constitutional amendments, revision of codes and laws. –Delon Porcalla, Christina Mendez, Helen Flores