Surveil is the author's column in BusinessWorld.

THIS WEEK has been a very busy one for the architects of the Bangsamoro peace agreement. On Monday, Mohagher Iqbal (chair of the Bangsamoro Transition Commission and the Moro Islamic Liberation Front Negotiating Panel) and BTC Commissioners Akmad Sakkam and Abdulla Camlian joined Government Peace Panel Chair Miriam “Iye” Coronel Ferrer and panel member Senen Bacani at the media roundtable organized by Mindanews at Ateneo University. On Tuesday, they briefed the Senate on the Bangsamoro Basic Law. Peace Adviser Teresita “Ging” Quintos Deles joined them. On Wednesday, the group faced the 75-person Congressional Committee.

The Mindanews roundtable was a friendly group. Fr. Jose Ramon “Jett” Villarin, president of Ateneo University, stressed the importance of the Basic Law to lay the foundation for a just peace in the South. Of much interest to the participants were the constitutionality of the Basic Law, the articles on policing and security, the rights of women and the indigenous peoples, and the role of the Moro National Liberation Front.

The briefing session on the Bangsamoro Basic Law (Senate Bill 2408) for the members of the Senate Committees on Local Government and Peace and Unification had more detailed discussions of the issues raised at the media roundtable. Senator Ferdinand “Bongbong” Marcos Jr. described the proceedings as more of a briefing than a formal hearing. However, emerging from the Senate session hall after close to three hours of questioning, Chairman Iqbal summed up the hearing in one word: difficult. This early, some senators could not resist asking the tough technical questions, particularly on provisions of the draft that may be deemed unconstitutional.

READ: Report on congressional committee hearings on the BBL conducted by the Senate Committee on Local Government and the Senate Committee on Peace and Unification on Sept. 22, 2014

For instance, Sen. Marcos noted that the creation of a sub-state is not allowed under the Constitution. Further, certain devolved powers to the Bangsamoro seemingly impinge on national sovereignty, provisions that place the Bangsamoro government on equal footing with the national government.

Committee Chair Marcos noted that further study of the Bangsamoro Basic Law is required and opined that the committee will not address questions on constitutional matters, which are better addressed by other instrumentalities of government.

Iqbal requested that Congress retain the original wordings of the proposed law. However, Sen. Marcos stated that this would set a limit to Congress’ power and prerogative to amend any proposed law.

Sen. Aquilino “Koko” Pimentel III paid attention to the revenue-sharing scheme between the local government units and the Bangsamoro, such as the manner of direct remittance to the Bangsamoro. The negotiating panels noted that the arrangement is an enhancement of the existing Autonomous Region for Muslim Mindanao system. The Bangsamoro will retain 75% and remit 25% to the national government. How this will be implemented in reality, given the dysfunctional tax collection system in the ARMM, is problematic.

As for the power sharing between government authorities and the Bangsamoro counterparts, who has the ultimate authority to be followed? Can the chief of the Philippine National Police (PNP) override the orders of the Chief Minister to the regional Bangsamoro Police?

Senator JV Ejercito shared the skepticism and concerns of certain ARMM mayors about joining the Bangsamoro. He also aired apprehensions that the plebiscite will result in non-contiguous Bangsamoro barangays and municipalities, and that the Bangsamoro “preferential treatment” will be unfair for the non-Bangsamoro. Chair Iqbal responded that the fears are unfounded, emanating from lack of information about the Basic Law.

Sen. Ejercito also asked about accountability in the disbursements of funds. The Commission explained that the Bangsamoro auditing will ensure accountability but without prejudice to the Commission on Audit. Also, the inter-governmental relations mechanism shall address any issue regarding fiscal matters. (The powerful inter-governmental relations mechanism itself is the subject of much debate).

The briefing at the House of Representatives on Wednesday, while focused on the same issues, was more emotional, bringing Commissioner Al Camlian to tears as he recalled the years of armed struggle and the loss of friends and loved ones. Camlian could see that peace is within reach, should Congress enact a Basic Law that will remain true to the intent of the peace agreement. He hoped that his grandchildren would not have to finish the struggle for him.

READ: Report on the first committee hearing on the Bangsamoro Basic Law at the House of Representatives on Sept. 24, 2014

The House Committee on the BBL (House Bill 4994) has 75 members, chaired by Congressman Rufus Rodriguez. At its first hearing, difficult questions were also raised. On territorial integrity, one congressman insisted on including a provision to guarantee that the Bangsamoro will not secede, but later withdrew his comment.

Zamboanga City Representative Celso Lobregat posited a question on the minds of many: What would the MILF do if Congress revises the Basic Law? Peace Adviser Deles responded that the peace agreement, which is a political agreement, is an executive exercise. She said, “We cannot diminish legislative power.” Pressured to agree with Secretary Deles, Iqbal said that while the MILF trusts the collective wisdom of the Congress, he could not answer hypothetical questions. Possibly not the answer that Rep. Lobregat and the others wanted to hear.

Lobregat also asked: Which would prevail -- the peace agreement or the Constitution? Deles stressed that the Basic Law is explicit that the Constitution will prevail. There exists the impression that the Constitution will have to bend to the Basic Law should there be any conflict. After all, the Commission’s mandate includes recommendations for constitutional amendments, should this be necessary.

Another congressman asked an interesting question: What if the MILF loses the election? Iqbal’s straightforward answer: “Eh, di talo. (We lose)”

Queries about the involvement of non-Bangsamoro stakeholders in the Commission hearings while drafting the Basic Law were raised, suggesting that this may have resulted in their disenfranchisement. Would Shariah cover non-Muslims? (No, it won’t).

The years of closed-door negotiations have fed the suspicions and fears of many. Such fears and suspicions will be used to fuel the engines of oppositors to the Basic Law, if the government does not implement a wide campaign to explain the Basic Law. If the government does not, then the public will once again be swayed by rhetoric and emotion. “Dismemberment of the nation” and “rape of the Constitution” will again color the hearts and minds of a misinformed public. Let not our grandchildren bear the burden of ending the struggle but rather benefit from a strong Philippines, truly a community of many peoples.

Amina Rasul is a democracy, peace and human rights advocate, and president of the Philippine Center for Islam and Democracy. Comments to This email address is being protected from spambots. You need JavaScript enabled to view it..