Bangsamoro Basic Law — In limbo?
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A dark cloud seems to hover over the future of the Bangsamoro Basic Law (BBL). There seems to be a big debate and uncertainty on the final shape of its draft.
After the review of the draft BBL, the Office of the President (OP) has come up with a REVISED draft that departs from the original draft submitted by the Bangsamoro Transition Commission (BTC). How far or close is the "departure," no one seems to know, since no one has either the original draft made by the BTC or the revised draft made by the OP.
After the review of the draft BBL, the Office of the President (OP) has come up with a REVISED draft that departs from the original draft submitted by the Bangsamoro Transition Commission (BTC). How far or close is the "departure," no one seems to know, since no one has either the original draft made by the BTC or the revised draft made by the OP.
What appears to be clear is the fact that the OP removes from the original BTC draft any provision that is contrary or NOT allowed by the 1987 Philippine Constitution. In short, the OP is making sure that the draft BBL to be submitted to Congress for enactment into law is constitutionally compliant. Here lies the debate and gathering of dark cloud over the whole process.
On the one hand, the OP would submit to Congress as priority bill only a draft BBL that is compliant with the Constitution. The Palace seems to aver any possibility of the draft BBL or the final BBL to be questioned before the Supreme Court. The OP is making sure that the draft BBL is defensible by the standard of the 1987 Constitution.
On the other hand, the Moro Islamic Liberation Front (MILF) believes that the Comprehensive Agreement on the Bangsamoro (CAB)—that is, actually, an enumeration of ALL signed agreements (12) between the GPH and the MILF from 1997 to the present—is the STANDARD and MEASURE of the Basic Law to be enacted by Congress. In short, the BBL appears simply to be a work of ‘cut and paste’ from the 12 signed agreements.
Here lies the dilemma. When all things are said and done, we should be able to distinguish the reality from propaganda; truth from press releases; and difficulties and divergences.
For one, until the 1987 Philippine Constitution is revised or changed, it remains the STANDARD and MEASURE of all or anything that is legal and binding in the Republic. Any law passed by Congress has to be Constitutionally compliant with it—no ifs and no buts. Anything that goes beyond the 1987 Constitution is illegal and NOT binding.
Any departure from it can only go by way of AMENDING the Constitution. But amending or revising the Constitution entails another process that is not only long and tedious but also contentious, especially toward the end of the term of an existing administration.
The second reality on the ground is the seeming inadequate debates, conversations and consensus on basic issues that should be contained in the BBL. The mere fact that NO ONE seems to have the original draft BBL and the Revised draft of the BBL is a clear indicator that the general public is NOT in the loop or simply blind to contentious issues between the original and the revised drafts.
The third reality is the fact that only the duly ratified BBL (NOT the CAB) is the real LEGAL TENDER that would establish and create the Bangsamoro Transitional Authority (BTA) and subsequently the Bangsamoro Government (BG) after the first elections in the Bangsamoro areas. In the same way, it is the duly ratified BBL that would define the territory, government structures and the powers of the BTA and the BG.
With all the ambiguity and uncertainty about the BBL, a dark cloud gathers anew around the peace process in Southern Mindanao.
What are the options available?
The first option is to submit to Congress the original draft BBL ‘as is’ and let Congress buckle down to the task of LEGISLATING the final Basic Law for the President’s signature. Then let the people in concerned areas be the final arbiter to approve or disapprove the law in the plebiscite called for the purpose.
The second option is to submit to Congress the constitutionally compliant revised draft BBL. The President certifies it for immediate legislation before yearend and calls a plebiscite to approve the law by the first quarter of 2015.
The third option is for Congress to enact a BBL that is constitutionally compliant BUT NOT CAB compliant. Notwithstanding objections, the said law is submitted to a plebiscite by the first quarter of 2015.
The options above may seem like deja vu scenarios. But what options are there left for the government but to LEGISLATE a constitutionally compliant Organic Act or BBL? If people promise you heavens… They may have good intentions but they are not telling you the TRUTH. The only ‘deliverables’ by government, at this stage, are the deliverables under the 1987 Constitution. The 1987 Constitution can be ‘flexible’ here and there, but when ‘push comes to shove’ the limits of the Constitution is what the Supreme Court defines or says.
Fr. Eliseo Mercado is senior policy adviser at the Institute for Autonomy & Governance. Follow him on Twitter @junmeromi.
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