House urged to restore 28 deleted BBL provisions

MANILA, Philippines - The Bangsamoro Transition Commission (BTC) has formally asked Congress to restore at least 28 provisions in the proposed Bangsamoro Basic Law (BBL) that the House of Representatives’ ad hoc committee deleted prior to presenting the draft measure for plenary debates.

In a letter to Speaker Feliciano Belmonte Jr. dated July 29, 2015, BTC chairman Mohaquer Iqbal said he is furnishing the House a copy of the commission’s Resolution 005 series of 2015 supporting the passage in Congress of the BBL “in its original form.”

“The BTC implores the better judgment of the leadership of both houses of Congress to pass the BBL in its original form and to henceforth act according to the terms of the peace agreements,” the resolution stated.

The resolution stated the BBL was consistent with the Framework Agreement on the Bangsamoro (FAB) and the Comprehensive Agreement on the Bangsamoro (CAB) entered into by the government with the Moro Islamic Liberation Front (MILF) last year.

“The BTC stands firm that the proposed BBL in its original form is the most appropriate version based on the FAB and CAB, and considering that it is the one that underwent the legitimate process of consultation with the people and engagement with the Office of the President,” it stated.

The letter came as the House is set to resume next week plenary deliberations on the BBL, which seeks to create a new autonomous region in Mindanao.

Belmonte said the target was to approve the measure by September or before the chamber gets busy discussing the proposed P3.002-trillion national budget for 2016.

The BTC was created in 2013 to write the draft of the BBL.

Cagayan de Oro Rep. Rufus Rodriguez, chairman of the ad hoc committee, said it would be difficult for the House to accede to the BTC’s request, considering the draft BBL was a product of 49 public hearings – half of which were held in Mindanao – that were marked by intense debates.

Rodriguez pointed out the provisions removed by the ad hoc panel were considered to be unconstitutional.

Among the controversial provisions the BTC wants restored are certain powers supposedly exclusive to the national government; allowing contiguous areas to join the Bangsamoro region upon the petition of 10 percent of its residents; making internal security a concurrent power with the Bangsamoro government; and creating a separate Bangsamoro military command.

Meanwhile, a member of the government peace panel legal team reiterated the decommissioning of the arms and forces of the MILF do not need to be included in the BBL.

“We have explained many times before that decommissioning as well as the broader normalization process need not be in the BBL,” said Sittie Amirah Pendatun, a member of the government peace panel legal team.

Pendatun made the statement in reaction to the pronouncements of Sen. Ferdinand Marcos Jr. that one reason for the delay in the submission of his committee report on the BBL is the difficulty in incorporating provisions on the decommissioning of MILF weapons and combatants.

Pendatun said the primary reason decommissioning and the normalization process are not in the proposed BBL is because the Constitution prohibits the creation of a bill with more than one subject.

She cited Article VI, Section 26(1) of the 1987 Constitution that provides “every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.”  

“The BBL is really about the establishment of an autonomous region. It’s about the creation of a political entity which seeks to establish an inclusive system of governance for a multicultural segment of the Philippine population, and not about the MILF per se,” Pendatun said.

“For this reason, the normalization program is not a pertinent subject of the proposed BBL,” she added.

“In fact, if we include two subjects, there’s a possibility that this will be challenged in court for non-compliance with the constitutional requirement.”

Pendatun added the decommissioning process does not need new legislation as it is within the power of the President to conduct peace talks and ensure the well-being of the country.

“We believe that the current legal framework empowers the President to enter into and implement the peace agreement, including decommissioning. Thus there is no need for a new law,” Pendatun said.

Pendatun added the Constitution provides a guideline for the content of an organic act such as the proposed BBL.

“The Constitution itself provides the guidelines for it. We have two sections: Article X, Section 18 and Article X, Section 20,” she pointed out.

“According to the Constitution, an organic act should contain the basic structure of government, executive and legislative, the creation of special courts, provisions on the conduct of a plebiscite and the legislative powers of the proposed entity. And all of these matters are already included in the proposed BBL,” Pendatun said.  – With Jose Rodel Clapano