THE Bangsamoro Basic Law (BBL) has put the country in a “no win” situation and instead of bringing peace, it could lead to a crisis and tear the nation apart, retired Chief Justice Reynato Puno warned the government Thursday.
“Regardless of the outcome, the BBL cannot guarantee peace in Mindanao,” Puno said in a statement.
Puno, a former voice of judicial activism and an advocate for a review of the 1987 Constitution, said the country should instead push for a change in the political system to provide the framework for the envisioned Bangsamoro government.
He said if the BBL is passed, it would be questioned before the Supreme Court. If declared unconstitutional, it could put the Moro Islamic Liberation Front (MILF) in a dilemma.
“The other possibility is that it will be passed, and assuming that it survives the constitutional challenge, the question is, will that bring peace in Mindanao?” he asked.
Pointing out that the peace process and BBL are not inclusive of all stakeholders in Mindanao, Puno said the prospect of lasting peace is not certain. Many other groups feel they were excluded, he said.
“You could have disorder in Mindanao, especially with the presence of different groups with different agendas, including radical ones,” he said.
He added that the BBL could inspire other groups in other regions to demand similar treatment and privileges accorded to the MILF which could mean “you will have problems throughout the country.”
If the system is changed by “reallocating and rebalancing the power of government,” such problem could be addressed, Puno said.
Puno said the problem is about balance of power—between the national government and Muslim Mindanao, between the national government and local government units, between the three branches of government, even the powers of the constitutional commissions.
“A simple law like BBL cannot address this problem,” Puno pointed out, adding that the maximum that can be given under a law is autonomy, as provided for in the Constitution.
“We have already tried that with the Autonomous Region in Muslim Mindanao, yet it failed,” he said.
He added that the government cannot just give one group or region extra powers without taking into account the entire government structure.
He said this is why revision of the 1987 Constitution is necessary so that “we can have a smooth transition” to a system that will solve this problem.
Puno is set to lead a movement that will ask the President and Congress to call for a Constitutional Convention to propose amendments to or revisions of the 1987 Constitution—with the delegates to be elected simultaneous with the 2016 presidential elections.
Puno said a review of the 1987 Constitution should have been done years ago. “Matagal na dapat,” he said, adding that “BBL is a wake-up call for us to address the country’s problems by re-examining the whole Constitution.” AC