Aquino allies rushing BBL draft consistent with ‘peace’ goals

By: Ryan D. Rosauro - 10 years ago

President Benigno Aquino III FILE PHOTO

CAGAYAN DE ORO CITY – The allies of President Benigno Aquino III in the House of Representatives are working overtime to come up with a version of the Bangsamoro Basic Law (BBL) that remains faithful to the peace agreement between the government and the Moro Islamic Liberation (MILF) while also addressing the constitutional issues hurled against it.

This effort in the nick of time came amid the scheduled voting on the measure Monday by the 75-member House ad hoc committee on the BBL that is tasked with fleshing out its contents.

The BBL seeks to establish a new autonomous entity named Bangsamoro that will replace, and will have far greater powers than the current Autonomous Region in Muslim Mindanao (ARMM).

When enacted and eventually ratified by voters in the affected localities, it is expected to carry out a big portion of the political consensus between the government and the MILF, which was forged throughout 17 years of peace negotiations.

A Philippine Daily Inquirer source from the House said the legislators, led by Liberal Party (LP) members, are expected to come up with the working draft by Sunday, in time for Monday’s scheduled committee-level voting on the BBL.

The source further said that the LP legislators have been under pressure to finish the job soonest as President Aquino “expected his House allies to muster a working draft” before the ad hoc committee vote on Monday.

Aquino has strongly committed to having the measure passed before Congress’ adjournment sine die on June 11. During his recent interview with Bombo Radyo, the president assured the MILF that the BBL legislative process was still on track.

The key hurdle to overcome, according to the source, is reconciling the provisions contained in the versions written by Cagayan de Oro Rep. Rufus Rodriguez and Davao del Norte Rep. Anthony del Rosario.

The source disclosed that President Aquino already saw the earlier version of the BBL that has been circulating and “was not happy with it.”

As of Saturday, the Philippine Daily Inquirer obtained, so far, two copies of the BBL draft. One was dubbed the “Chairman’s working draft” which could be the version written by Rodriguez, the chairman of the ad hoc committee. Another is simply referred to as “House Bill No. 4994 – Working Draft.”

The latter document contained a host of notes pertaining to proposed amendments to specific provisions, additional stipulations, as well as a running inventory of which provisions, as worded, gained unanimous support.

The rather messy 145-page document also contained the names of committee members who authored the amendments or additional stipulations.

The Rodriguez version, meanwhile, contained deletions of several provisions contained in the original BBL draft like those pertaining to the supposed duplication of constitutional bodies.

The most recent additions to the working draft came from Del Rosario during the May 11 committee meeting. Del Rosario’s amendments triggered the one-week postponement for the committee’s voting on the measure.

Interviewed over the phone, Del Rosario told the Inquirer the amendments he introduced sought to preserve the intentions of the Aquino administration and the MILF in designing Moro autonomy within the context of addressing the age-old conflict in Mindanao.

He admitted that what has been referred to as the Del Rosario version of the BBL “is a product of intense discussions” between him and several House colleagues, among them, Dinagat Rep. Kaka Bag-ao, Iloilo Rep. Arthur Defensor Jr., Batanes Rep. Dina Abad, Akbayan Partylist Rep. Barry Gutierrez and Camarines Sur Rep. Leni Robredo.

Defensor and Abad are ex-officio members of the ad hoc committee, in keeping with House rules. Defensor is deputy majority leader while Abad is deputy speaker.

The latest working draft of the BBL indicated that most of the Del Rosario amendments were concurred with by Abad, Defensor and Misamis Occidental Rep. Henry Oaminal.

“Our starting point has always been the Comprehensive Agreement on the Bangsamoro (CAB) and the Framework Agreement on the Bangsamoro (FAB),” Del Rosario revealed.

“When I read the draft BBL that was submitted to Congress, I never thought for a moment that it was written outside the bounds of the Constitution. Rather, I saw in it shades of federalism, which is an advocacy that I share,” he added.

The so-called Del Rosario version mainly consists of reworded provisions relating to the supposed duplication of the constitutional bodies; sharpened definitions of key terminologies like asymmetric relations; a provision that gives assurance of the participation of the Moro National Liberation Front (MNLF) in the Bangsamoro Transition Authority (BTA); and refinements on the provisions relating to the option of localities contiguous to the proposed Bangsamoro core territory to join the new autonomous entity.

Following is a rundown of the highlights of the Del Rosario version of the BBL:

* Qualifying the power of the Bangsamoro civil service office: “The primary disciplining authority of the Bangsamoro over its own officials and employees is without prejudice to the constitutional powers, duties and authority of the Office of the Ombudsman to investigate any act or omission of any public official, employee, office or agency.”

This hews along the suggestion of the Citizens’ Peace Council, which also took note of the earlier objection by the Office of the Ombudsman to the wording of the provision in the original draft.

* Stipulating that the Bangsamoro civil service office will be “monitored, regulated and supervised by the Civil Service Commission.”

* Defined asymmetry: “Asymmetry, as envisioned in the Constitution, means that the Bangsamoro is granted greater autonomy than and is distinct from other administrative regions and local governments in the Philippines.”

The BBL, as drafted by the BTC, simply defines the relationship between the central government and the Bangsamoro government as asymmetric, which many opponents fear sets the stage for an eventual declaration of Bangsamoro independence from the Philippines.

* Addition to Basic Rights: set-up of a transitional justice mechanism to address not only legitimate grievances of the Bangsamoro people but also “other inhabitants of the Bangsamoro.”

* A provision containing an assurance for indigenous peoples (IPs) with respect to having an operational framework for the fulfillment of their rights: “The first Bangsamoro parliament following the passage of this Basic Law shall enact a law for the protection and enforcement” of IP rights guaranteed in the Basic Law. Such act of the parliament should be done “within 18 months from its establishment.”

* On the Bangsamoro government’s powers to manage its economy and patrimony: “There is hereby created a water resources board composed of representatives from the central government and the Bangsamoro government, for the establishment of protocols for the priority uses of the water resources found within the Bangsamoro and affecting areas outside the Bangsamoro.”

This addresses the fears first articulated by Zamboanga City Rep. Celso Lobregat about the possibility that the waters of Lake Lanao may no longer be enjoyed by the rest of Mindanao for power generation purposes. The Agus hydroelectric power generation complex supplies at least 30 percent of Mindanao’s electricity requirement.

* Make clear the definition of exclusive power by stating that these are powers devolved to the Bangsamoro government. The Del Rosario version qualifies further that exclusive powers are exercised “within the territorial jurisdiction of the Bangsamoro and subject to the Constitution, the central government’s reserved powers, and the provisions of the Basic Law.”

* Stipulated that the Commission on Audit (COA) is the “exclusive external auditor” of the Bangsamoro government.

* Retained the power of the Bangsamoro parliament to adopt an electoral system suited to a parliamentary setup but qualified that the Bangsamoro elections office will operate “consistent with the powers and functions of the Commission on Elections (Comelec) under the Constitution.”

* A provision on ensuring that MNLF members are also appointed into the BTA.

* Refined the provision on the power of the Bangsamoro government with respect to the utilization of natural resources. The Del Rosario version gives power to the Bangsamoro government to regulate exploration, development and utilization of natural resources, and to issue environmental compliance certificates (ECC) to companies involved in such activities, consistent with a national law instituting such process. SFM/AC