President Benigno S. Aquino has emphasized the need for both the Senate and House of Representatives to pass the long delayed Bangsamoro Basic Law in his New Year’s message. This is a crucial test of his statesmanship because any further delay would subject the law to the rigmarole of 2016 politics, cutting any opportunity for a meaningful transition from the current Autonomous Region of Muslim Mindanao or ARMM to a historic, forward-looking Bangsamoro regional government.

Things to watch out for are moves to bring the law, once passed, to the Supreme Court on constitutional grounds. Sen. Miriam Defensor-Santiago, chair of the Senate committee on constitutional amendments, had already declared her intention to hold public hearings on the constitutionality of the proposed Bangsamoro Basic Law. Legal luminaries such as Father Joaquin Bernas are expected to be among those to be invited to share their opinion about certain legal issues.

Sen. Ferdinand Marcos, Jr., chair of the Senate local governments committee, has been holding hearings on the proposed law in Mindanao with a few more on the horizon to include a hearing in Zamboanga City where all local executives are adamantly against its passage.

The proposed law provides for the sharing of wealth and political power between the central government and the Bangsamoro autonomous government. Senator Santiago, chair of the committee on constitutional amendments and revision of codes, has set the hearings for Jan. 26 and Feb. 2.

She intends to invite government peace panel chair Miriam Coronel-Ferrer, Secretary Teresita Quintos-Deles, presidential adviser on the peace process; Mohagher Iqbal, chair of the Bangsamoro Transition Commission; Ghadzali Jaafar, MILF vice chair for political affairs, and Mike Mastura, chair of advocacy committee of the MILF negotiating panel.

Also to be invited are constitutional law experts, retired Chief Justice Reynato Puno and retired Supreme Court justices Adolfo Azcuna and Vicente Mendoza, Fr. Joaquin Bernas of the Ateneo Law School, former Dean Merlin Magallona of the UP College of Law, Dean Julkipli Wadi of the UP Institute of Islamic Studies, and Fr. Ranhilio Aquino of the San Beda College Graduate School of Law.

It is best to get these constitutional discussions front and center now rather than pass a law that is vulnerable to rejection by the Supreme Court. The Senate and House of Representatives are doing the right thing by tackling such sensitivities though caution must be exercised to ensure fairness and transparency at all times.
Meanwhile, the formation of the United Bangsamoro Justice Party by the Moro Islamic Liberation Front in preparation for the plebiscite this year and first regional elections in 2016 is a most welcomed development. It shows a forward-looking and optimistic stance on the part of the country’s biggest organized rebel group. Former combatants trading in their arms in favor of parliamentary struggle will make all these current peace and legal challenges worth it.

The Bangsamoro Basic Law needs to be passed because it is a commitment of the government to our Muslim brothers and sisters in Mindanao who have long desired recognition for their cultural and political identity. A sincere and committed debate over constitutional issues is necessary as part of our political maturity in obtaining this elusive peace, but the proposed law should also be viewed as part of a political settlement. Given the stakes and history involved, this is not just an ordinary law.

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