House to remove unconstitutional BBL provisions

MANILA, Philippines - Leaders of the House of Representatives yesterday vowed to pass by March the proposed Bangsamoro Basic Law (BBL) but not before removing what the chamber considers as unconstitutional provisions.

Cagayan de Oro Rep. Rufus Rodriguez, chairman of the ad hoc committee deliberating on the BBL, issued the statement after Malacañang appealed to Congress to approve the measure that will create a new autonomous region in Mindanao before the election fever sets in.

“We assure the administration we aim to finalize the committee report (of the BBL) by February and present it to the plenary for deliberations, and approve it in plenary early March so the President can sign it by March 30,” Rodriguez told The STAR.

The ad hoc panel, composed of 75 lawmakers, has conducted 34 public hearings mostly in Mindanao.

Two more public hearings will be held at the House when Congress resumes session on Jan. 19 before the panel holds a few executive sessions to finalize the committee report that will be submitted to the plenary.

Rodriguez said the Senate is also doing what it can to hasten discussions and approval of the measure, and that the Senate and the House plan to hold the bicameral conference committee meetings to reconcile possible conflicting provisions by March.

Doubtful constitutionality

However, Rodriguez admitted that the panel saw some unconstitutional provisions, including the creation of new offices in the envisioned autonomous region whose functions should remain with the national government.

“I think there are some provisions of doubtful constitutionality and they’ll be removed,” he said.

Among the provisions that are expected to be scrapped are those creating a separate Commission on Audit (COA), Civil Service Commission (CSC), and Commission on Elections (Comelec) for the proposed autonomous region.

Rodriguez said the COA, CSC, and Comelec “should continue to have power and jurisdiction” over the envisioned Bangsamoro autonomous region.

The ad hoc committee will also delete the provision that removes the jurisdiction of the Office of the Ombudsman over officials of the autonomous region.

The provision that allows 10 percent of the population of contiguous areas to seek inclusion in the autonomous region will likely be scrapped as the section may cause instability, the lawmaker explained.

But some contested provisions on security, particularly on the relationship between the Armed Forces and the Philippine National Police (PNP) and the proposed autonomous government, will be retained.

“We see no constitutional issues because there is only one Armed Forces, one PNP, and the President remains the commander-in-chief,” Rodriguez explained.

He said the proposed autonomous government would have its own police force for internal security but it would still be under the PNP.

The Philippine Constitution Association has also expressed concerns over the BBL. The group questioned the nature of the relationship between the national government and the Bangsamoro government and the inclusion of areas that do not want to become part of the new region like Cotabato City and Isabela City.

The Senate Tax Study and Research Office, for its part, said the BBL draft has tax and policy provisions that may not be compatible with the Constitution.

The BBL grants full political autonomy to the proposed autonomous region. But Rodriguez said the panel is still discussing the constitutional implications of the provision that has the proposed autonomous government in a parliamentary form.

“The new autonomous region will have 14 concurrent powers and 58 exclusive powers, including those of health, social services, social welfare, infrastructure, these are already devolved anyway and they know better,” Rodriguez said.

MILF open to changes in BBL

The Moro Islamic Liberation Front (MILF) said it is open to improvements of the proposed BBL but cited the need for cooperation to ensure that they would benefit all stakeholders.

In an editorial posted on its website luwaran.com, MILF said the BBL draft is not an ordinary legislation and has passed through rigorous and lengthy processes.

“Bearing all these factors in mind, the MILF’s position is clear: We welcome an improvement of the BBL. Who does not want an improvement?” the editorial read.

“But a reminder has to be earnestly said: an improvement to one group may not necessarily be so, to another group.  To plug the gap, this is where the spirit of partnership and cooperation between parties works best,” it added.

But the MILF could not say whether it is willing to accept a watered-down version of the BBL from Congress.

“The answer to this question cannot be straight and blunt because it entails a lot of sensitivity and reality.  We know for a fact that in this country, plenary power over legislation is lodged with Congress,” the group said.

“Our answer has been very consistent that the MILF trusts the collective wisdom of Congress to pass a good legislation,” it added.  – With Alexis Romero