Ombudsman questions Bangsamoro bill’s provision on investigative powers

MANILA, Philippines—Ombudsman Conchita Carpio Morales objected to provisions of the Bangsamoro basic bill that seems to surpass the agency’s constitutional investigative powers.

In a letter addressed to Cagayan De Oro Representative Rufus Rodriguez, chair of the Bangsamoro ad hoc committee, the Ombudsman cited a provision that grants the Bangsamoro government primary disciplinary authority over its own officials and employees.

“This diminishes the Ombudsman’s constitutional power to investigate any act or omission of any public official, employee, office or agency, as it divests of the Ombudsman’s power to investigate elective and appointive officials of the Bangsamoro government,” Morales’ letter read.

Ombudsman Conchita Carpio-Morales. INQUIRER FILE PHOTO

The Bangsamoro Basic Law should not be allowed to rise above the Constitution as the fundamental law of the land,” it added.

Morales also cited the provision that allows the Bangsamoro Parliament the power to pass a law to amend the three-year term of office.

“(The bill) proposes to grant the Bangsamoro Parliament the power to pass a law that provides for a term of office other than three years. The terms of office of members of the Parliament should be limited to three years to maintain the uniformity in the terms of office of elective officials in the Central Government,” the letter read.

Morales also said the bill should not allow the Bangsamoro Parliament to determine the salaries of the Parliament members.

She said the salary grade levels of officials in the central government should also apply in the Bangsamoro.

Morales also raised an issue over the provision that requires one Bangsamoro inhabitant to be appointed commissioner in each of the constitutional bodies.

“This provision contravenes the constitutional right to equal protection of the law. One slot is automatically allotted to a Bangsamoro inhabitant, which situation deprives other Filipino citizens of equal competence from applying from such position,” the letter read.

The Ombudsman also raised concerns on the provision that created the Bangsamoro Human Rights Commission which will have prosecutorial powers that even the Central Government’s Commission on Human Rights (CHR) does not have.

“In this sense, the Bangsamoro Human Rights Commission is more powerful than the CHR. The CHR is limited to the investigations of violations of human rights, as should be the Bangsamoro Human Rights Commission which purports to be a counterpart body,” the letter read

The Ombudsman also said parliament members should be required to file their statements of assets and liabilities, not just a disclosure of financial and business interests as provided for in the Bangsamoro bill.

The House of Representatives is conducting consultations over the Bangsamoro basic bill that seeks to implement the peace deal with the MILF.

The bill seeks to replace the Autonomous Region in Muslim Mindanao with a new Bangsamoro entity.

Once the bill is passed, it would have to go through a plebiscite for ratification.