Rep. Rufus Rodriguez, chairman of the ad hoc committee on the Bangsamoro Basic Law (BBL) in the House of Representatives, sat down with IAG Executive Director Benedicto Bacani to discuss what he thinks are the emerging issues on the BBL. Rep. Rodriguez also answered burning questions raised by the attendees during Thursday’s town hall meeting.
Atty. Benedicto Bacani: Congressman Rodriguez, so far, what is your general assessment of the ongoing hearings and proceedings on the BBL?
Rep. Rufus Rodriguez: I was appointed and elected by the plenary session of Congress to head the ad hoc committee on the BBL. We have 75 members and eight vice chairmen. There are 68 congressmen from Mindanao, 59 from district representation, and nine party-list who are really based and who come from Mindanao. Sixty-eight is the Mindanao block.
House Bill 4994 is the BBL in the House of Representatives. We have already conducted, as of this afternoon, eight hearings. We have five hearings already in the Batasang Pambansa. We already heard from the finance sector – the DOF, customs, BIR, from trade – DTI, and agrarian reform, and agriculture departments. We have heard the security and police sector – PNP, armed forces, NSC.
After hearing these departments in the five hearings, we have come to the first cluster of provincial sorties. Our provincial sorties will not only be in the core region that is mentioned in the BBL. We are going to all the six regions in the country, especially in their capitals, including therefore where Christians are the majority.
That is why after we come to Upi in Maguindanao, Cotabato City, tomorrow, we’re going to three simultaneous areas. From here we’re going to General Santos City, but I’ll drop off in Tacurong City in Sultan Kudarat where I’ll chair a public hearing. Vice chairman Oaminal [Rep. Henry Oaminal, 2nd District, Misamis Occidental] will take care of Koronadal. Vice Chair Pedro Acharon will handle General Santos City.
The second cluster will be in the second week of November. We’re going to Tawi-tawi and Zamboanga City and then the cluster of Basilan, and Sulu. We’re going to Marawi. We’re going to Tubod because of the six municipalities of Lanao del Norte included in the proposed core territory. We will go to Iligan, Cagayan de Oro, North Cotabato, particularly Midsayap and Kabacan, then Davao City and Butuan City.
Massive consultations will be held. We have listed 16 areas in Mindanao, three in Visayas (Cebu, Iloilo, Tacloban) and four regions in Luzon, including Regions 1, 2 and Bicol.
Why is it that the House of Representatives would want to go all over the Philippines?
The reason for that is that the BBL affects positively not only the core areas of the Bangsamoro, not only the adjacent areas that will receive the benefits of development when you have peace in the Bangsamoro – meaning Cotabato City (that is not yet a member but if it becomes a member so much the better because it is situated in the core territory of Maguindanao and also Iligan and Cagayan de Oro because when there is development in Lanao del Norte and Lanao del Sur, the effects will surely come to the centers of the regions because they are the ones ready to receive additional investments, influx of people, and expenses that will be done by income generated in the Bangsamoro. The same is true for General Santos and Davao City.
The general effect of this is if we have peace in Mindanao, there is a large amount of development in the entire country because when there is a conflict in Mindanao, the TV stations will not only say Mindanao, they say Philippines. We are all affected if something happens here in Mindanao. But if Mindanao is peaceful, we give the entire country that image of peace and there will be development all over.
That’s what we’re doing now and intends to do in the coming months to have the BBL passed.
Bacani: The ad hoc committee will come up with a committee report. After that, what is the next step?
Rodriguez: It will be like this: By December 16, the last day of session for the year, before we take the Christmas break, we intend to have finished the 38 hearings: 16 hearings in the Batasang Pambansa to hear national officials, 16 hearings in different areas in Mindanao, three hearings in Visayas, and four hearings in Manila.
We will be through with the 38 hearings by December 16. When we resume on January 20 [2015], we are going to have an executive meeting of the members of the ad hoc committee. We are now going to go section by section from the first section to the last to see what are the comments of the people on each section. There will be a matrix that will put side by side with each section the different comments of the different resource persons from all over the country. Of course we’re going to summarize. We’ll put together positions, opposition against or suggestions different from the present section. And then we are going to decide by section what will be the form of each section. That would take a week and after that we are going to have a voting in the committee for the draft of the BBL as committee version. Now when there is approval of that in a week’s time, we’re going to give two weeks for plenary debates. That will be the last week of January and first week of February. After two weeks of plenary debates, we hope that we will be ready in the second week of February to send the second and third reading approval of the bill to the Senate. After second and third reading, the bill will be sent to the Senate already.
Hopefully the senators would have already finished their consultations and will have already their version. I think there will be some conflicting provisions because they also have their own minds. There will be a bicameral committee. We are projecting by end of February that there will already be a BBL approved by both Houses. By first week of March – the President is very supportive of this – there will be immediate signing of what the bicameral committee had approved. We’ll have the plebiscite sometime in May.
After the plebiscite, after it is ratified by the majority of votes cast in each province and cities and the 39 barangays concerned, we are going to have the appointment of the President of the BTA. That is sometime in June or July, so they have at least one year to be able to implement what is mandated of them including the administrative code, local government code and all the rest that they will pass in the interim.
Bacani: Let’s look at the key issues, the issues that are emerging there.
Rodriguez: Actually in the political side of the issue – the form of government, there is not much opposition to that. I was expecting that would be one because there is seemingly a conflict between the unitary system of government, a centralized system and the ministerial form of government. We have presidential and unitary, but in the proposed bill it’s more of a federal, a parliamentary. But there’s not much that came out against that.
But what we have is more on territory, on what is contiguous. Some congressmen are apprehensive that 10 percent of their barangays in their area adjacent to Bangsamoro territory maybe included in the plebiscite. Aside from that, there are those in Zamboanga and Palawan, which are very far, not contiguous by land, they’re also saying that they might be included in that.
These are the issues now because it affects about eight congressmen. These eight congressmen are in the territories of Zamboanga and Palawan. Palawan is mentioned in the historical [context] but they have never been included in the territory. Then we have Iligan City with six barangays adjacent. We have Sultan Kudarat with some also adjacent and North Cotabato and Lanao del Norte. That is one question.
The next is Bangsamoro waters. Why is it that the Bangsamoro waters is 22.224 kilometers while the fisheries code for the province is only 15 kilometers.
There are also those asking especially from Dipolog and Pagadian where the industry of sardines are, why is it that there is preferential rights for the Bangsamoro in the zones of joint cooperation that is beyond the sea in between the islands from Zamboanga to Basilan, Sulu and Tawi-tawi. The Sulu Sea is what we call the zones of joint cooperation. Why is there a Bangsamoro preference in the rights to fish in that area?
For the IPs, they are asking about the IPRA. Why the IPRA is not mentioned. The answer is all the rest of IPRA is included in the Bangsamoro, plus, plus, plus. There will be an office for IPs. The sharing is not only one percent. If you notice in IPRA law only percent will go to the IPs. Under the BBL, it’s equitable share. That means higher than one percent because it says equitable. That will be the Bangsamoro Parliament that will decide.
There are also issues about the distribution of powers, but since I am a federalist, as CDP that believes in federalism and parliamentary form of government, I am in favor of delineating what is reserved power, what is concurrent power, and what is exclusive power. The reserved powers of the state are listed, about ten of them. The concurrent powers, what both of them can do, and then the exclusive powers are also listed. These are the marks of federalism because there is delineation of political powers through the central and the regional autonomy.
The other one is the vested rights. What about the lands secured already by the Christian settlers will they be taken back? No. Because under the BBL, vested rights are protected. But there is grievance machinery where there will be reconciliation and transitional justice to make sure that the legitimate grievance of Bangsamoro people who were dispossessed, if the grievance is indeed legitimate, will be recognized and there will be reparation given to those unjustly dispossessed.
But as a whole, as we have heard from the departments in Manila, IPs in Upi, the big majority is in favor of the BBL.
Bacani: But the question really is operationalization.
Rodriguez: That is why we have to be vigilant once this law is passed. We want the Bangsamoro Government and the Parliament to succeed because the entire country is watching us. How about the Bangsa Bicol, the Bangsa Ilokano? How about us in Region 10, Cebu? These are all who would want the rule of subsidiarity, the rule of autonomy, in fact, the rule of federalism. That is why this is a model for that because this law has clearly a federal and parliamentary model.
Bacani: How about constitutionality?
Rodriguez: On constitutionality, [as mentioned earlier] the issues are on the Central Government [that is unitary and yet the Bangsamoro is] parliamentary, preferential rights of the Bangsamoro in the zones of cooperation.
Let’s not make so much really on constitutionality, because precisely the Bangsamoro Transition Commission (BTC) and the Office of the President are making sure that there should be no unconstitutional provisions because if there is, anybody can go to court. Look at the MOA-AD. It was declared unconstitutional, first, because there was lack of consultation in violation of the executive order. Nobody really knew about MOA-AD. Next, it was declared unconstitutional because the Bangsamoro Juridical Entity was created by the agreement. No agreement can create an entity, only the Congress.
Everything now is in the hands of Congress to make this entity, the Bangsamoro. Everything now is in the House and now we are going [around] in the biggest and pervasive consultations that I can remember in my seven years in Congress.
This is the bill that will have this kind of widespread and inclusive consultation.
Bacani: Definitely, Congress will not just rubberstamp this, there will be changes. How do we strike the balance because the BBL in theory is supposed to be faithful to the Comprehensive Agreement on the Bangsamoro (CAB)?
Rodriguez: There will be consultations. We are sensitive to the fact that this is give-and-take between the government and the MILF. Before we will be able to finalize our version of the bill, we will have consultations with both the government panel and the MILF panel so that the amendments we will propose will be acceptable. But ultimately, whether accepted or not by these two sectors, what we will leave is the constitutional and the unconstitutional will be foregone. If we are sure that it is unconstitutional, that it cannot fall in the liberal interpretation, we are not going to put it there because it will embarrass us. The Supreme Court will also declare it unconstitutional.
Atty. Bacani opens the floor for questions from the audience.
Former ARMM Executive Director Diamadel Dumagay: Presently, in the ARMM, there are national agencies that are within the ARMM structure, but they are not devolved to the ARMM. Under the law, the ARMM will be deemed abolished. What would happen to these regional agencies operating within the jurisdiction of the ARMM vis-à-vis the new Bangsamoro?
Rodriguez: There will be abolition of the ARMM and the Bangsamoro will be installed. The different line agencies which have regional offices – if they are not part of the ten powers that will be retained by the Central Government, then it will be the Bangsamoro that will handle them. And so the Bangsamoro will start to either reappoint those already there in the agencies present in the ARMM and they will now become employees of the Bangsamoro.
Dumagay: This is about the block grant in the BBL. It says that after four years from the operationalization of the Bangsamoro, the following will be deducted from the taxes:
Revenues from the additional taxes beyond those already devolved to the ARMM collected 3 years before; and
Share of the Bangsamoro in the government income derived from the exploration, development, and utilization of natural resources, as provided in Section 32 (Art. 12), collected 3 years before.
I think four years is too early to deduct from the block grant income from the natural resources. Can Congress extend the number of years?
Rodriguez: That’s a very good point. If we want the Bangsamoro to have fiscal autonomy, why won’t we extend the time of deduction. We’ll take note of that, have that discussed.
Mayor Abdullah Campong, South Upi: As leader of IPs in South Upi, we are appealing to include in the BBL, Upi, South Upi, and Datu Blah Sinsuat as one district representing IPs, for the reason that in the proposed parliamentary districts, the IPs are seemingly at a disadvantage. If one of us runs, we are at odds because we will not get votes from majority of the other municipalities in our district. The IPs are not only present in South Upi. They are also in Datu Odin Sinsuat, Talayan, Datu Hoffer, Ampatuan, Shariff Aguak, and Datu Saudi Ampatuan. Other than the two seats reserved for IPs, we want one more seat for a representative from an IP district. The three municipalities can make arrangement so that whoever gets elected as representative in the Bangsamoro Parliament will represent not only the IPs, but the Christian settlers and the Moros present in the area as well or an arrangement to divide the terms: one term for the IPs, one term for Moros, one term for Christian settlers.
Rodriguez: We are going to seriously look into the proposal that North Upi, South Upi and Datu Blah Sinsuat will be one district so that not only will you have two reserved seats for the IPs in accordance of the BBL, but there will an elected IP representative and this will be materialized through a particular district.
Of the 60 Parliament seats, district representation is allotted 40 percent meaning 24 seats, 50 percent will be for party-list, and ten percent reserved seats that means six seats.
I have already talked to members [of the committee]. That was also brought out yesterday – a resolution so that three towns may become a district so that you will have IP representation from the district through election.
Fr. Ben Torreto: I am a priest from the Cotabato Diocese. I have lived in Mindanao for quite some time now. I believe that this law has benefits. My apprehension is on the implementation because there have been problems when it comes to the implementation of the law. I believe that peace would always mean equality, integrity of people, rights, and justice. I want to stress that the meaning of peace that is integral, justice for all, should be ensured in the law to avoid for instance, in the hiring for jobs, discrimination. Biases and prejudices arise because of the history of Mindanao but the peace that we aspire should always connote justice, equality and justice for everyone.
I would also want further clarification on Article V, Section 4, Item j, which says that the Bangsamoro Government as part of its exclusive powers will supervise and regulate private schools in the Bangsamoro, allowing for the participation of three representatives of private schools in the deliberations of the appropriate Bangsamoro Government’s ministry or office dealing with private schools.
Rodriguez: For a Bangsamoro to have a strong autonomous area, politically and fiscally, is precisely to devolve the regulation of education to the Bangsamoro Government. Under that section, it is very clear that the supervision and regulation of private schools – Notre Dame University for example – will be under the Bangsamoro Government through the Ministry of Education that they are going to create. Another important thing is there will be three representatives of the private school system – for example in the province of Maguindanao – that in the formulation of the regulations for the private schools, it will take into account the points of view of the representatives of private schools. So there is that particular requirement that these three will be embedded in the Ministry of Education. We cannot get away really when we say that there is devolution, that there is the rule of subsidiarity, and yet why is it that it will be CHED in Manila that is going to regulate Notre Dame in Cotabato City (granting that Cotabato City will be part of the Bangsamoro) and not the Bangsamoro regional government.
In the case of public schools, it is also clear that public schools – state colleges and universities – will remain to be governed by their charter. It is not true that they will be governed by the Bangsamoro Government. The chairman of the appropriate committee on education in the Bangsamoro Parliament will sit as chair or co-chair of that. But then academic freedom will continue in both the public and private education system.
Bacani: What about the system of education of the Bangsamoro vis-à-vis the national education system because there are also apprehensions on this?
Rodriguez: The State will always prescribe the minimum that will be required of a graduate even from those here in the Bangsamoro. However the provision in the BBL on the madaris system says that the Bangsamoro can also establish colleges on madaris and they will have examination for the madaris teachers. They, probably right now, will be integrating the madaris in the regular [curriculum]. The DepEd will now try to have the madaris education in elementary and high school in the Bangsamoro area, but only for public schools.
Mario Catubay, IPDEV: This is still on education, particularly on tribal system for IPs. This is not found in IPRA. It will be good if IPRA will be embedded plus this tribal university system. For almost two decades now, IPRA has never been implemented. We hope that this provision will be implemented.
Rodriguez: In fact there is a mandate for the Bangsamoro Parliament to be able to enact a law that will establish a tribal university system. What we envision in the tribal university system is that with the normal Western kind of education, the education for the preservation of IP culture, traditions and practices will be integrated. We would want that implemented by the Bangsamoro Parliament.
John Unson, staff writer with the Philippine Star: I am covering the most hostile areas in Mindanao. As I go around, I would hear so many questions from people whether RA 9054 will be repealed just like that, because the people I talked to, their understanding is that Republic Acts, this kind of laws, can only be improved but you cannot absolutely delete them just like that.
Another thing is which would come first: the deactivation of the ARMM and the creation of the Bangsamoro, or the creation of the Bangsamoro and then the deactivation of the ARMM? The people fear that they have nothing to return to when ARMM is abolished or if the creation of the Bangsamoro will not fare favorably in the plebiscite.
On decommissioning and disarmament: It should not be only the MILF that should be decommissioned and disarmed. Mind you, 90 percent of the firearms of rebels are their personal firearms and over the years feudal culture has developed. Love of guns is so strong.
People like the datus have to show protection for their people. They collect guns not to fight the government but as a status symbol, protection from adversaries because we have poor justice system in this part of the country. People resort to rido. LGU officials also have guns that need to be decommissioned.
Rodriguez: Three points: First, RA 9054 is a mere law, it may be called organic law but there is only one higher and fundamental law of our country and that is the Constitution. Everything can be amended, revised or repealed. That is why now with the BBL, it is repeal. In fact RA 9054 repealed RA 6734. That has already been done before.
Congress has the powers to repeal any kind of law. Therefore Congress can repeal RA 9054, and that is precisely the title of the BBL: establishing the Bangsamoro and repealing RA 9054.
Congress can amend, revise, and can also repeal a law because we want to substitute the ARMM with the Bangsamoro that will have more political and fiscal autonomy. You can see the big difference from RA 9054. In terms of power-sharing, there is a clear delineation in the BBL on what the Central Government will retain, the concurrent powers and exclusive powers. There’s also the provision on block grant. You will no longer go to Congress to get your budget. You are going to have your income and special development fund. RA 9054 does not have that.
On the second issue, when the BBL is approved in the plebiscite, that’s only the time we abolish the ARMM, and the Bangsamoro will come in. There is no hiatus. There is a cutoff point, which is when the law is ratified. The Bangsamoro will start, so does the fading away of the ARMM.
When the law is approved, I don’t expect massive [abolition]. There has to be a transition. For instance, in education, the teachers will continue. You cannot remove them out and reappoint 20 thousand plus of them. These are the things that can be put in the transition [plan] that they will continue until the Bangsamoro is able to screen new employees and so on.
The third point, on guns: normalization pertains to the Bangsamoro Islamic Armed Forces (BIAF). This is strictly the army of the MILF. These are those that will be listed by the MILF, who are the members and there will be inventory of guns and members of the BIAF. We are not saying surrender or even turnover but putting these resources into non-use. Therefore you will continue to have your guns and if they are registered, that’s it.
But one thing with the normalization is this: what if the list of the BIAF and the guns will not be put into non-use by not giving it to the authority which is headed by Norway, with Brunei and Turkey [International Decommissioning Body]? Then these become illegal firearms if they are not registered with the Bangsamoro Police. Therefore either you are able to register them in the Bangsamoro Police or include them in the BIAF listing. Anything in between will be illegal position of firearms.
On guns of LGUs, it will depend on the rules of the Bangsamoro on how these firearms can be registered. The Bangsamoro Parliament can have that law.
Rahib Payapat, Bangsamoro Business Club: On LGUs within the prospective territory of the Bangsamoro, we know that under the ARMM, the regional government has no power to control and supervise them in terms of the utilization of IRA. Will the future Bangsamoro have these powers?
Rodriguez: The IRA of local governments will remain untouched. It will not be given to the Bangsamoro. LGUs will continue to receive their IRA even after the BBL. The BBL will get 75 percent of internal revenue collected in the territory not including the 40 percent of the LGUs but only the 60 percent.
Will the Chief Minister be able to control how the local governments spend their IRA?
No, he cannot because it is already recognized that the LGUs will continue. There is also local autonomy to them. The Chief Minister will only have general supervision over them.
Bacani: But will there be additional resources for the LGUs under the Bangsamoro?
Rodriguez: Yes. For example, in terms of the natural resources found in the Bangsamoro, according to the BBL, there will be equitable distribution, equitable sharing of the benefits from the utilization of natural resources of all LGUs concerned. The LGUs will be able to share in accordance with what the Bangsamoro Parliament will do [pass]. After all, the areas of LGUs are represented in the Parliament.
Rahib Payapat: What makes the Bangsamoro different from the current setup?
Rodriguez: We have more political autonomy, more powers as enumerated in concurrent powers for both the Bangsamoro Government and Central Government. The Bangsamoro will have exclusive powers. Practically everything except for foreign affairs, monetary currency, intellectual property, and national defense are in the Bangsamoro. A lot of these political powers are not found in RA 9054. On fiscal autonomy, you will have your own sources of revenue, block grant, special development fund, taxes that you are going to collect – donor’s tax, estate tax, documentary stamp tax, capital gains tax.
Bacani: How do we ensure that this can really be implemented? Are you thinking of a mechanism in the law, an oversight maybe?
Rodriguez: It is the law so it will have to be implemented. Congress always has the right of oversight. That is a given power of Congress. Because it makes laws it also makes oversight so that the laws are faithfully implemented. There will be a special committee on the oversight of the implementation of the BBL. We are making sure that this will not suffer the same fate as RA 9054.
Councilor Benny Ambalgan, Paglat, Maguindanao: This question is from the people of Paglat, Maguindanao. We know that Mindanao and the ARMM have many groups and sectors such as the MNLF factions, the MILF, the religious, the datus and the sultanates and lumads. These groups also have influence and power. How do we cater to these groups to ensure that they do not cause disturbance [create opposition to] in the forthcoming Bangsamoro Basic Law.
Rodriguez: The BBL is the product of peace talks between the government and the MILF. But it does not mean that, we, in Congress, will not want to hear these groups. That is why, as far as I am concerned, I have always advocated inclusivity in the consultation by asking the MNLF to join to hear their side. What is important is the initiative for the MNLF and MILF to be able to talk together and come up with their consensus points. That will be stronger in terms of being able to ask what should be included in the BBL. We want you in the Bangsamoro to unite. We are going to hear you. Ultimately, all of you, all the groups should be able to come together.
As for the sultanates, the Council of Elders in the BBL does not mention the sultanates in the different territories. I think there should be recognition of the sultanates because they, by history and genealogy, can trace membership. There is ascendancy of sultans over their clans. That is one of the possible changes in the Council of Elders that we will institutionalize. The sultanates of Maguindanao for instance will have to group themselves together, choose from among themselves who will sit in the Council of Elders. The same is true for the sultanates in Lanao del Sur.
Datu Pagayao, Bangsamoro Business Council: I want to be clarified about the Bangsamoro Police that will be part of the PNP. How is this so because the Bangsamoro will have its own government? Most of those in the BIAF did not go to school. According to the BBL, the qualifications of the Bangsamoro Police will be the same as the police force all over the Philippines. Will the BIAF be integrated in the Bangsamoro Police?
Rodriguez: The hiring of policemen in the Bangsamoro will have to follow NAPOLCOM’s requirements for hiring of policemen. The salary will likewise come from the national government, not from the Bangsamoro Government.
The Chief Minister will have operational control over the Bangsamoro Police, but it will be under the PNP in terms of benefits, disciplining, and qualifications.
Pagayao: What if in the plebiscite, some municipalities in Maguindanao opt out? How can the province become part of the Bangsamoro core territory?
Rodriguez: The majority of the votes cast in the province vote will be the basis.
Bacani: For cities, majority of votes cast in the city will be the basis.
[Except in the municipalities in Lanao del Norte, and 39 barangays in North Cotabato where the majority of votes will be decided in the municipal and barangay level, respectively – Ed.]
Bacani: Another concern is how to govern these municipalities and barangays.
Rodriguez: The law is silent whether they will become part of Maguindanao. They can be a municipality. Ultimately, they are adjacent to Maguindanao. But there should be a specific legislation on that.
Pete Marquez, Metro Cotabato Chamber of Commerce: Will the NEDA have influence on the Bangsamoro?
Rodriguez: There will be an economic development office for the Bangsamoro. In fact in the NEDA national board, the Chief Minister is a member.
Marquez: We hope that will be implemented because such representation by the ARMM is weak.
Another concern: Will the BIAF be integrated in the armed forces?
Rodriguez: The BIAF will in fact be decommissioned; their firearms will be put to non-use by giving them to the International Decommissioning Body. The BIAF will not automatically become members of the armed forces. There is no discrimination in the quota for the armed forces especially when there may be a creation of the Bangsamoro command of the armed forces which will be under the hierarchy and chain of command of the armed forces. Anybody can apply, members of BIAF can apply, so can Christians and lumads. They have to follow the same requirements.
Akas Parending: In relation to territory, after the plebiscite there will be a declared territory for the Bangsamoro. Can Congress create its own political map so in the future it will not create confusion to those territories, barangays and municipalities that are part of the Bangsamoro?
Rodriguez: The Bangsamoro area [after the plebiscite] will now be the Bangsamoro area and we cannot change that anymore unless 10 percent in some future time of the inhabitants in certain areas would want to join the Bangsamoro. What we can do in Congress are legislative districts. [For instance] we can add in Maguindanao additional district. That is the power of Congress to have legislative districts in the House of Representatives not in the Bangsamoro. It is now appended in the law the Parliament districts but we are open to North Upi, South Upi, and Datu Blah Sinsuat to be also considered as district to have one representative. We have here the appendix to the BBL composing the districts.
Bacani notes that four municipalities are not included in the appendix.
Vice Mayor Rasul Ebus, Datu Piang: What does the BBL say about political dynasty? I do not see any provisions on this in the BBL.
Rodriguez: If we put it there, the BBL might not get approved. We are very clannish – the Bangsamoro and the IPs. That’s the culture we have. Our Constitution has anti-dynasty provisions but what’s happening? Maybe the BTC thought that it is prudent not to put it there because the BBL might not get approved anywhere in the Bangsamoro.
Councilor Sammy Ibrahim, Datu Piang: Is it possible to include in the BBL a mechanism or institution that will focus only on ensuring check and balance? This is a very hot issue since RA 6734 to RA 9054. Can we do this in the BBL?
Rodriguez: The check and balance actually is between the Bangsamoro Parliament and the Bangsamoro Government. When they are merged, when the Chief Minister comes from and sits in the Bangsamoro Parliament, the members are still a check to the Chief Minister. In fact the Chief Minister may lose by a vote of no confidence. That can be sent to the Wali and [in such case] the Wali will dissolve the Parliament. We cannot have another entity for check and balance.
The other check of course is the Commission on Audit (COA). While we have an audit body in the BBL, it is still subject to the power and authority of the national Commission on Audit that is the check and balance on fiscal matters.
Badran Noor (CCSPC Alumni): On the plebiscite that will be conducted possibly next year, is there a mandate on the deleted, removed or transferred names of registered voters with the Comelec? We have such experience in the previous elections. Can Congress do something to prevent such instances?
Rodriguez: We have to be vigilant against it, for instance, to bring to the attention of the COMELEC if you are removed or unlawfully transferred. You start with the provincial COMELEC director, then the regional director or the national en banc. That is a COMELEC matter. It has the exclusive power on who can vote, who can register and who should not be transferred.
Councilor Bruce Matabalao, Cotabato City: Might there be a possibility of the BTA’s term being extended because based on the draft BBL, it is very clear that the BTA will exercise the regular powers of the regular Bangsamoro Government but it seems that its term would be very limited?
What if somebody goes to the Supreme Court and question the constitutionality of the BBL?
Rodriguez: Our bill is very clear that there will elections of the Bangsamoro regular government on the first Monday of May 2016. In other words, the BTA will have a short term of about less than a year. Probably we can extend that. We will consider that in Congress because if the BTA will have a very short term, it cannot lay the foundation for the regular Bangsamoro Government to perform.
On the second question, it is very possible that there will be always those who will feel that a particular provision violates the Constitution. That is why our main task in Congress is to make sure that there will be no basis for anyone to go to Supreme Court. As far as our minds and conscience will allow us, the one we will pass will be in consonance with the Constitution.
We cannot be likened to the MOA-AD. The problem in the MOA-AD was there was a violation of executive order creating the panels because they should had have consultations. Secondly, the BJE was not created by Congress but by an executive agreement. That is different now, because it will be Congress that will create the Bangsamoro.
Rep. Rufus Rodriguez is also the president of the Centrist Democratic Party of the Philippines (CDP). Learn more about the party here. "Emerging Key Issues on the Proposed BBL: A Town Hall Meeting with Cong. Rufus Rodriguez” was presented by the Institute for Autonomy and Governance (IAG), Konrad Adenauer Stiftung (KAS), and Centrist Democracy Political Institute (CDPI).
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