Gov't ready to defend constitutionality of Bangsamoro deal

ZAMBOANGA CITY, Philippines - The Philippine Government (GPH) peace panel is ready to answer before the Supreme Court (SC) any petition questioning the Comprehensive Agreement of the Bangsamoro (CAB) which will be signed between the government and the Moro Islamic Liberation Front (MILF) next week, which seek to bring lasting peace in Mindanao, an official said. 

Government peace panel member Yasmin Bursan Lao issued the statement during a public forum held at Western Mindanao State University in the face of reported opposition and critics claiming that the Framework Agreement of the Bangsamoro (FAB) and its four annexes bore questions of unconstitutionality.

Lao appealed to the critics and opposition to cite specific questionable provisions of the FAB, its four annexes and the addendum on the water territory so the panel can discuss the issue. Lao said the government peace panel negotiated within the constitution.

“We expect people to submit petition in the Supreme Court questioning some portions of the agreement, but we do not see anybody saying the entire thing is unconstitutional. So we are ready to face whatever challenge it is,” she said.

She said their peace panel’s legal people stood by the constitutionality of the agreement it forged with the MILF.  

“But you know, a legal provision can have many interpretations,” she said.

“Ang problema sa mga karamihan sa columnist ang nagsasabi unconstitutional, hindi naman nila tinutukoy specifically ano 'yun. Hindi naman pwede 'yung buong agreement ay unconstitutional. Ibig sabihin lahat 'yun unconstitutional. What we are saying is that point to us specifically ano yung sa tingin niyo is unconstitutional, but do not say that all the entire agreement is unconstitutional,” she added. 

Lao assured that even before the signing of the framework agreement and its annexes, and until they have reached the addendum on water territory, they have been updating the Congress of the different agreements to ensure that they will understand the positions that were agreed upon.

Zamboanga City leaders told both panels that the city territory is excluded in any form of Bangsamoro government, citing ambiguities in terms of land and water territory.

Rep. Celso Lobregat of the first district of this city said the framework on agreement contained a provision which is silent in terms of water boundary for the proposed Bangsamoro entity.

Mohagher Iqbal, MILF peace panel chief and head of the 15-man transition commission, recognized the observation and said they cannot comment on the silent provision, saying it now depends on the Congress. 

Lao said the MILF is open to accept the outcome of the basic law that will come out in Congress. 

“But of course everybody will at least issue that principles in the agreement will be in the basic law,” she said.