ISSUE/ QUESTION

RESPONSE

COMMENTS / OBSERVATIONS / COMMITMENTS

Loong: Regarding Art. 6, what is considered to be an “asymmetrical” relationship?

Deles: The Constitution only provides for two areas of autonomy. The law shall determine the form of government. The relationship is asymmetrical because the Bangsamoro government is not equal to either the national government or the local government units (LGU). It is higher than the LGUs, but lower than the national government. It is a relationship that acknowledges a different and distinct narrative, history and culture.

Loong: What about the security of Civil Service employees?

Deles: They will be respected. There may be reorganization, but they will undergo a process that would respect their rights.

Loong: What is the relationship between the Sharia courts and the Supreme Court (SC)?

Deles: The authority of the SC will be respected; this system already exists.

Lobregat: Why did it take four and a half months since the original draft by the transition commission? – In aid of legislation, request to be furnished with the original drafts so as to determine the spirit, intent and rationale of the law.

Rodriguez: This chairman does not deal with drafts. Drafts are drafts. – Motion was raised to be furnished with draft.

Be furnished with draft?

Aye: 19

Nay: 5

Lobregat: What if Congress happens to revise, add, delete or amend the BBL? Will MILF take it or leave it?

Deles: The political agreement is an executive exercise. We cannot diminish legislative power. This is simply a means of engagement, in the hopes that the Congress will look at the BBL with understanding. We acknowledge that the BBL can still be improved.

Iqbal: We trust the collective wisdom of the Congress. Also, we’re not answering hypothetical questions.

Lobregat: Which will prevail? The Final Peace Agreement or the Constitution?

Deles: It is explicit in the BBL that the Constitution will prevail.

Barzaga: Is the BBL subservient to the Constitution?

Deles: Yes.

Barzaga: If Congress passes this bill, can it amend it?

Deles: Yes, but Congress must use the mechanism in the BBL.

Barzaga: Yes, Congress will comply with procedure.

Barzaga: Will the Bangsamoro recognize the emergency powers of the President?

Deles: The BBL recognizes the reserved rights of the President.

Barzaga: For the territorial plebiscite, is it the majority of the registered voters or majority of the votes cast?

Ferrer: It is majority of the votes cast.

Barzaga: Wrong wording. It says “majority of registered voters”.

Barzaga: I should like to propose an amendment to include a provision that guarantees that there will not be any secession. The intention is to show Filipinos that there will be no secession.

Barzaga: I withdraw my comment on secession.

Deles: It is not necessary to include it in the law. The different provisions in the BBL clearly reflect that intention. We prefer it not being there as it questions motives.

Bello: There is no need to put it there. It is inconsistent with the idea of autonomy.

Independent lawyer asked by Iqbal:  Coming together is in itself a statement. The aspiration for independence cannot be legislated.

Hataman: As part of the Bangsamoro, I am offended. It shows that we are a rebellious people.

Abueg: Is Palawan part of or under the jurisdiction of the Bangsamoro? (Confusion stems from Art. 2 Sec. 3, and Art. 3)

Iqbal: No, it is not part.

Belmonte: (Article 3 Sec. 3) Why does it state “at any time”? What happens to Iligan City if 80% of the population wants to be a part of the Bangsamoro? Will the city be dismembered? And what is meant by “local government units”? Barangays?

Ferrer: There is a difference between the first and second plebiscite. The first plebiscite pertains to the initial territory as defined in the BBL. There must be a resolution or petition of 10% of the votes cast to be part of the Bangsamoro. The second plebiscite refers to the contiguous territory where a petition of 10% of the votes cast must be passed, but it must adhere to the Local Government Code wherein the consent of the mother unit must be secured. For example, should one barangay want to be part of the Bangsamoro, they need to secure the consent of the municipality or city. It must be the vote of the entire city.

Belmonte: It should be clear who will be voting in the plebiscite.

      Mentioned that he is concerned about what will happen to their IRA.

Cerilles: There were no genuine consultations. Who are the so-called Bangsamoro that the government is dealing with? Why the MILF? Who gave them the authority to represent the Bangsamoro? There is a violation of the separation of Church and State. There is a violation of the equal protection. What makes the Bangsamoro a superior state that it deserves a larger share?

I am against the BBL for the following reasons:

- It does not lead to lasting peace.

- It limits Congress’ power to review.

- It does not solve the real problems— poverty, lack of education, etc.

- It promotes further division.

Deles: The armed conflict cannot be solved by military means; otherwise it would have ended a long time ago. There was a need to come up with a political settlement with the armed group. The different arrangement does not only bestow entitlements but also bigger responsibilities.

Iqbal: One of the duties of the Bangsamoro Transition Committee (BTC) is to conduct public consultations. Various organizations (e.g. Mindanao Peace Weavers, Mindanao Civil Society Platform for Peace) helped in the public consultations.

Lobregat: The agreements were done before the consultations.

Deles: We will provide a list of consultations.

Biazon: What is the difference between the Organic Law and the BBL? Why not just amend the organic law?

Romualdo: (related question) What is the status quo and why does it not work?

Deles: Among many others, there is a grant of full autonomy, a devolution of taxation, a definition of Bangsamoro waters, a difference in the form of government, and mechanisms for constant conversations.

Arnado: The ARMM was merely an administrative unit. The BBL provides for full political autonomy, and there is an acknowledgment of identity.

Iqbal: There’s a difference in the distribution of power and resources.

Biazon: Is there a possibility of amending the Constitution to accommodate the BBL? Or has this idea been done away with?

Deles: It has been done away with. The amendment of the Constitution would have to follow another process.

Alejano: The annexes regarding normalization are not in the BBL.

Deles: Only two sections should be part of the BBL— policing and amnesty proclamation. All other parts are part of the political agreement and do not need a new law. It is well within the powers of the government.

Alejano: What will happen to the Bangsamoro armed forces?

Deles: As stated in the annex, they will be decommissioned. There is no integration. Should they wish to be part of the AFP, for example, they need to fulfill the requirements.

Alejano: I was once part of the armed forces sent to fight in Mindanao. I was almost killed there.

Alejano: We are apprehensive that the guns surrendered were not the guns used.

Deles: There is an independent decommissioning body that checks the names and the fire arms surrendered.

Alejano: What is the contingency plan if the ARMM gets smaller? What if people do not want to be part of the Bangsamoro? The purpose of this question is to level off expectations as this may have a big implication on security.

Deles: It is more of the question of how do we explain the law to the people and its benefits.

Alejano: What happens if the MILF loses the elections?

Iqbal: Eh di talo. [We lose the elections.]

Alejano: Does OPAPP have a strategic communications (stratcomm) plan? May we have a copy.

Deles: Yes, we do. We have materials, and we’re working with different departments, civil society organizations, business groups, and religious groups. We also think that Congress should also have a stratcomm plan.

Deles: We will furnish Congress with the stratcomm plan.

Acharon: What is this flag referred to in Art. 2, Sec. 3?

Deles: The symbol of the Bangsamoro. But this is no different from the flags of LGUs. The national flag will fly higher.

Acharon: What is meant by redistricting here in Art. 7, Sec. 8?

Basman: It refers to the districts in the Parliament. Actual redistricting will require the passage of national law.

Acharon: How does Sec. 8 relate to national laws on natural resources?

Basman: It amends national laws concerning its application to the Bangsamoro.

Acharon: What happens to the projects initiated by the LGUs? Will they be redeveloped?

Basman: There will be non-diminution, including the projects. It would be unpractical to stop them when the BBL comes into play.

Acharon: What will happen to the waters coming from Lanao running to Iligan, used in hydroplants?

Senen: In terms of the power connection to the national grid, there will be cooperation and coordination with the national government.

Acharon: Follow up. What happens in case of conflict?

Deles: The President in terms of his reserved powers should it become a national issue. In case of disagreement, the overriding power of the President prevails.

Yu: What is meant by “all other geographical areas”? It seems vague. Should it be deleted?

Deles: For operational purposes, barangays.

Barzaga: Discussion of this should be for the plenary.

Barzaga: What is the procedure for the other geographical areas? (Sec. 4 page 89)

Senen: 1. Petition of at least ten percent (10%) of the registered voters.

2. Consultation with the municipality.

3. Plebiscite

Barzaga: How will these consultations be done? What’s the point of consultations in the Visayas if they cannot vote in the plebiscite? Why should there be a different mechanism for each case?

Deles: This is in reaction to the track record of voting. It requires only those affected.

Iqbal: This is to prevent double majority.

Hernandez: The right to self-determination here refers to internal self-determination only.

Deles:  The acknowledgment of an identity does not bestow political rights.

Hernandez: What is the chain of command regarding the Bangsamoro police?

Deles: They will be under NAPOLCOM.

Hernandez: What about the indigenous peoples?

Ulama: We are not neglected in the negotiations.

Kinoc: The proposed BBL will not be a substitute to the IPRA law.

 Catamco: There should be separate hearing/consultation for Upi, Maguindanao

Rodriguez: We will arrange that.

Rodriguez, M.: The preamble should include the four sectors—Muslims, Christians, Lumads, and Mestizos.

Deles: The intention is meant to be inclusive.

Rodriguez, M.: Is this meant to be a step towards a federal state?

Montesa: It’s a good experiment.

Deles: At the moment, it applies only to the Bangsamoro. But we are hoping for its success, and should people see the value in it, then we uphold the consent of the governed.