WILL local officials’ control over the police force be violated once the Bangsamoro government is in place? Will the powers of the National Police Commission (Napolcom) be diluted because of its Bangsamoro counterpart? Will local autonomy be affected?
These are the questions raised by the congressman who chairs the ad hoc Bangsamoro committee in the House of Representatives, which is deliberating on the public order and safety provisions of the proposed Bangsamoro basic law (BBL) that seeks to create a more politically autonomous Bangsamoro region in Mindanao.
During the committee hearing Thursday, panel chairman Cagayan De Oro Rep. Rufus Rodriguez grilled National Police Commission (Napolcom) vice chair Atty. Eduardo Escueta over what he deemed as “confusing” BBL provisions that may affect the autonomy of the local chief executives as well as that of the powers of Napolcom over the Bangsamoro region.
Rodriguez cited the provision that says the Bangsamoro chief minister, the leader of the region, will exercise operational control over the Bangsamoro police, even when under existing laws the local chief executives exercise this power.
He said in effect local autonomy as enshrined in the Local Government Code and the 1987 Constitution is affected.
“Precisely, the local autonomy guaranteed by the Local Government Code will now be violated… When we have this higher body taking out the power of the local chief executives, we’ll have problems in our hands from the local chief executives,” Rodriguez said.
Rodriguez said the confusing provisions would inadvertently result in the violation of local autonomy.
He also said the bill is silent on the powers retained by local officials. “It’s not there. (This is a) recipe for confusion.”
Escueta said while these are not in the law, there are powers not invested in the Bangsamoro minister that the local chief executives still enjoy such as the authority in choosing the chief of police, the control and supervision over gambling, among others.
“Let me minimize confusion by saying (not all powers were) transferred to the chief ministers. The logical interpretation is they are retained by local chief executives,” Escueta said.
Meanwhile, Rodriguez also raised concerns about the Bangsamoro police board, essentially the counterpart of the Napolcom in the Bangsamoro region to supervise and administer the police force.
According to the bill, the Bangsamoro police board will be composed of six members from the Bangsamoro Parliament, its version of a Congress, and five members from various sectors.
Rodriguez said the bill effectively takes away from the President the mandate to appoint Napolcom members, as well as takes away from Napolcom its powers to recommend members.
“Would this not be a dilution of your powers? You now have no control over appointment and selection, you have no hand whatsoever,” Rodriguez said.
Escueta at first denied that there is nothing in the law that says the police board will come from the Bangsamoro parliament.
He then said such a provision does not run counter to the Constitution.
“I am really afraid that the creation of the Bangsamoro police board would be in violation of your constitutional power to administer and control (the police),” Rodriguez said.
“In a sense yes, but we are not necessarily considering it a substantial diminution of our functions. It may affect our appointing authority, but not the essential functions and duties of Napolcom,” Escueta said.
The House committee resumed its deliberations over the BBL security provisions, discussions of which were suspended in the aftermath of the Mamasapano incident, which involved the BBL main benefactor, the Moro Islamic Liberation Front. With a report from Ed Cabading, trainee/AC