From the opposition Daily Tribune (Apr 16): MILF body submits half-baked BBL draft
The 15-man Bangsamoro Transition Commission (BTC) that drafted the Bangsamoro Basic Law submitted to President Aquino an incomplete bill that Malacañang said will be certified as “urgent” to ensure Congress’ early approval of the BBL, was found and confirmed to be incomplete and lacking in details.
The BBL draft was reported to lack the provisions in the armed police force of the Bangsamoro as well as the provisions on the Bangsamoro waters, both of which are seen as controversial and even unconstitutionally infirm, despite these two elements being included in the annexes signed between the Philippine government peace panel and the Moro Islamic Liberation Front (MILF) panel.
Press Secretary Herminio “Sonny Coloma yesterday admitted to reporters the submission of the documents and confirmed the BBL draft was incomplete, saying that it is precisely a calling it a draft, translates to being incomplete.
He said yesterday morning he had received a text message from the Office of the Executive Secretary regarding the submission yesterday of a working draft which lacked the police and Bangsamoro waters provisions.
Coloma said that: ”By definition, a draft is something that can be supplemented and that can be modified until it is finalized.
“I do not have the details that you are asking about in particular but we can verify this. Even if we knew it, what is most material and what is most important, I believe, is that the legal team will be able to do everything that is necessary to be able to submit the draft bill to the President for his own review and approval,” Coloma said.
In the same breath however, Coloma denied that the lacking provisions on the BBL concerning the police system and territorial waters would be filled in by the legal team of Aquino in Malacañang and complete the document before it would be submitted to Congress.
While admitting that certain provisions were lacking and even stating that the Palace lawyers would be filling in the blanks, Cololma contradicted himseld by saying: “No. This is a product of Bangsamoro Transitory Commission, and its commitment is to draft a bill that the President will review and certify as urgent to Congress. So this is a joint effort and both sides are doing what is necessary with the sense of urgency to be able to complete the task at hand within the indicative timetable,” Coloma said.
Coloma said that throughout the entire process, the Philippine and MILF panels “have exercised the requisite due diligence, industry, and determination in order to complete the agreement and in order to bring it to where it is now”.
“So I think we can say with a reasonable degree of confidence that there is reason to be optimistic that the timetable can be met,” Coloma said.
“It will be reviewed by the legal staff of the Office of the President, including Desla (Deputy Executive Secretary for Legal Affairs), Office of the Chief Presidential Legal Counsel, and even of the Office of the Solicitor General,” Coloma said.
While in the process of drafting the BBL, the legal team of Malacañang was claimed to have been supervising the BTC, however, the body still failed to meet the deadline, and the need to review the document.
Coloma said the target of the Aquino administration is to be able to submit an enacted BBL to the people of the affected areas by end 2014, “so that there can be sufficient preparations for the conduct of elections for officials that will regularly administer the Bangsamoro political entity”.
“It is hoped that the election can take place simultaneously with the 2016 national elections, and we are all guided by that indicative timetable, so all those concerned are acting with a sense of urgency,” Coloma said.
He added that they have no actual update on the number of registered voters in the Muslim communities covered by the Bangsamoro.
“We can inquire and verify with the Comelec, but I’m certain that they are aware of this forthcoming event on the conduct of the plebiscite, and they would be making the necessary preparations for this,” Coloma said.
Of the 15-man who composed the BTC, as appointed by Aquino, majority of them have no legal background and only a third of them are lawyers who were given the responsibility to draft the basic law.
“I think we must be mindful that throughout the process of crafting the Comprehensive Agreement on the Bangsamoro, there was close coordination on both sides in order to be able to hammer out this agreement,” Coloma said.
Coloma said that there was willingness on both sides to receive inputs from each other.
“And even while the agreement was being negotiated, the Philippine panel was consulting regularly with the same panel that is now reviewing the draft law,” Coloma said.
Coloma said that there is an assurance, that the people that are doing the reviewing are quite familiar with the agreement, and the BTC would have referred extensively to the CAB itself, saying that the CAB is a substantial input into the crafting of the Bangsamoro Basic Law.
The BBL draft, once approved by Congress and signed by Aquino into law would be expected to be challenged before the Supreme Court for being contravene to the dictates of the 1987 Constitution.
On the part of the Senate, through the Senate president, Franklin Drilon, he said that any oversight or lapses, on the part of lawmakers, in overseeing the preservation of the nation’s sovereignty in scrutinizing the provisions of the proposed BBL will be unacceptable.
It is incumbent upon members of the two Houses of Congress, once formal deliberations of the BBL is taken up to ensure that not only the efforts exerted by the government peace panel and that of the MILF will not be put in vain but to guarantee as well that the law that will create the Bangsamoro political entity will stay within the confines of the 1987 Constitution, he said.
“We cannot afford to err on this most-sought piece of legislation, if we truly want to secure this peace inMindanao which we have now realized after decades of hostilities,” the Senate leader said, underscoring repeatedly the need to have the BBL fall within the four corners of the Constitution, “and that it can withstand judicial scrutiny.”
The CAB, as well as the four annexes already smacks of unconstutionality.
At least two senators have already warned against the possibility of the constitutionality of the BBL being challenged before the Supreme Court as it is seen raise a question on “sovereignty within a sovereignty.”
Sen. Ferdinand “Bongbong” Marcos Jr., over the weekend, cautioned Malacañang on the matter of dealing with what he called as a “legal storm” once the BBL is approved by the Senate and the House of Representatives.
He took note of the pronouncements earlier made by colleague, Sen. Miriam Defensor-Santiago, as the latter found the provisions of the CAB unconstitutional since it stands to be in violation of principle of constitutional supremacy.
Santiago
Drilon, however, assured that the national sovereignty will be the premiere concern of Congress as they prepare to work on the BBL, which they consider as a legislative priority.
“I will be at the forefront in seeing that our sovereignty is respected. I don’t think that the Filipino people will forgive us if we rescind any part of our sovereignty. We must remain as one country, and one nation - as one Filipino people.”
“I am determined to see that the BBL will be a policy for harmony and shared development. As long as I am here, it will not be an instrument of capitulation, nor it will be an affront to our constitutional integrity,” he stressed.
Drilon said he expects his colleagues from Senate as well as those from counterparts in the lower house, to take an active role in the crafting of the BBL and passionately debate on the most pertinent issues concerning the peace pact.
The Senate chief urged lawmakers to devote time and effort in scrutinizing the draft of the Bangsamoro Basic Law when it reaches Congress.
“Soon, the ball will be in Congress’ hands. It is the Congress that will ultimately shape and mold the piece of legislation which will breathe life to the Comprehensive Agreement on the Bangsamoro,” emphasized Drilon, a former executive and justice secretary.
The Senate leader underscored that the law, which should be passed as early as possible, needs “to be responsive to the real and distinct problems and needs of the Bangsamoro people.”
“This measure should resolve social tensions, poor infrastructure, and lack of economic development in the region. It will demand from our lawmakers their utmost prudence, practicality and political acumen,” he added.
The Senate and the House of Representatives had earlier agreed to include the Bangsamoro Basic Law in their priority agenda, and both chambers committed to pass it by the end of 2014.
“That is our target because we want to see 2015 as the year when we can submit this for ratification by the areas covered by the Bangsamoro Basic Law.”
http://www.tribune.net.ph/headlines/milf-body-submits-half-baked-bbl-draft
The 15-man Bangsamoro Transition Commission (BTC) that drafted the Bangsamoro Basic Law submitted to President Aquino an incomplete bill that Malacañang said will be certified as “urgent” to ensure Congress’ early approval of the BBL, was found and confirmed to be incomplete and lacking in details.
The BBL draft was reported to lack the provisions in the armed police force of the Bangsamoro as well as the provisions on the Bangsamoro waters, both of which are seen as controversial and even unconstitutionally infirm, despite these two elements being included in the annexes signed between the Philippine government peace panel and the Moro Islamic Liberation Front (MILF) panel.
Press Secretary Herminio “Sonny Coloma yesterday admitted to reporters the submission of the documents and confirmed the BBL draft was incomplete, saying that it is precisely a calling it a draft, translates to being incomplete.
He said yesterday morning he had received a text message from the Office of the Executive Secretary regarding the submission yesterday of a working draft which lacked the police and Bangsamoro waters provisions.
Coloma said that: ”By definition, a draft is something that can be supplemented and that can be modified until it is finalized.
“I do not have the details that you are asking about in particular but we can verify this. Even if we knew it, what is most material and what is most important, I believe, is that the legal team will be able to do everything that is necessary to be able to submit the draft bill to the President for his own review and approval,” Coloma said.
In the same breath however, Coloma denied that the lacking provisions on the BBL concerning the police system and territorial waters would be filled in by the legal team of Aquino in Malacañang and complete the document before it would be submitted to Congress.
While admitting that certain provisions were lacking and even stating that the Palace lawyers would be filling in the blanks, Cololma contradicted himseld by saying: “No. This is a product of Bangsamoro Transitory Commission, and its commitment is to draft a bill that the President will review and certify as urgent to Congress. So this is a joint effort and both sides are doing what is necessary with the sense of urgency to be able to complete the task at hand within the indicative timetable,” Coloma said.
Coloma said that throughout the entire process, the Philippine and MILF panels “have exercised the requisite due diligence, industry, and determination in order to complete the agreement and in order to bring it to where it is now”.
“So I think we can say with a reasonable degree of confidence that there is reason to be optimistic that the timetable can be met,” Coloma said.
“It will be reviewed by the legal staff of the Office of the President, including Desla (Deputy Executive Secretary for Legal Affairs), Office of the Chief Presidential Legal Counsel, and even of the Office of the Solicitor General,” Coloma said.
While in the process of drafting the BBL, the legal team of Malacañang was claimed to have been supervising the BTC, however, the body still failed to meet the deadline, and the need to review the document.
Coloma said the target of the Aquino administration is to be able to submit an enacted BBL to the people of the affected areas by end 2014, “so that there can be sufficient preparations for the conduct of elections for officials that will regularly administer the Bangsamoro political entity”.
“It is hoped that the election can take place simultaneously with the 2016 national elections, and we are all guided by that indicative timetable, so all those concerned are acting with a sense of urgency,” Coloma said.
He added that they have no actual update on the number of registered voters in the Muslim communities covered by the Bangsamoro.
“We can inquire and verify with the Comelec, but I’m certain that they are aware of this forthcoming event on the conduct of the plebiscite, and they would be making the necessary preparations for this,” Coloma said.
Of the 15-man who composed the BTC, as appointed by Aquino, majority of them have no legal background and only a third of them are lawyers who were given the responsibility to draft the basic law.
“I think we must be mindful that throughout the process of crafting the Comprehensive Agreement on the Bangsamoro, there was close coordination on both sides in order to be able to hammer out this agreement,” Coloma said.
Coloma said that there was willingness on both sides to receive inputs from each other.
“And even while the agreement was being negotiated, the Philippine panel was consulting regularly with the same panel that is now reviewing the draft law,” Coloma said.
Coloma said that there is an assurance, that the people that are doing the reviewing are quite familiar with the agreement, and the BTC would have referred extensively to the CAB itself, saying that the CAB is a substantial input into the crafting of the Bangsamoro Basic Law.
The BBL draft, once approved by Congress and signed by Aquino into law would be expected to be challenged before the Supreme Court for being contravene to the dictates of the 1987 Constitution.
On the part of the Senate, through the Senate president, Franklin Drilon, he said that any oversight or lapses, on the part of lawmakers, in overseeing the preservation of the nation’s sovereignty in scrutinizing the provisions of the proposed BBL will be unacceptable.
It is incumbent upon members of the two Houses of Congress, once formal deliberations of the BBL is taken up to ensure that not only the efforts exerted by the government peace panel and that of the MILF will not be put in vain but to guarantee as well that the law that will create the Bangsamoro political entity will stay within the confines of the 1987 Constitution, he said.
“We cannot afford to err on this most-sought piece of legislation, if we truly want to secure this peace in
The CAB, as well as the four annexes already smacks of unconstutionality.
At least two senators have already warned against the possibility of the constitutionality of the BBL being challenged before the Supreme Court as it is seen raise a question on “sovereignty within a sovereignty.”
Sen. Ferdinand “Bongbong” Marcos Jr., over the weekend, cautioned Malacañang on the matter of dealing with what he called as a “legal storm” once the BBL is approved by the Senate and the House of Representatives.
He took note of the pronouncements earlier made by colleague, Sen. Miriam Defensor-Santiago, as the latter found the provisions of the CAB unconstitutional since it stands to be in violation of principle of constitutional supremacy.
Drilon, however, assured that the national sovereignty will be the premiere concern of Congress as they prepare to work on the BBL, which they consider as a legislative priority.
“I will be at the forefront in seeing that our sovereignty is respected. I don’t think that the Filipino people will forgive us if we rescind any part of our sovereignty. We must remain as one country, and one nation - as one Filipino people.”
“I am determined to see that the BBL will be a policy for harmony and shared development. As long as I am here, it will not be an instrument of capitulation, nor it will be an affront to our constitutional integrity,” he stressed.
Drilon said he expects his colleagues from Senate as well as those from counterparts in the lower house, to take an active role in the crafting of the BBL and passionately debate on the most pertinent issues concerning the peace pact.
The Senate chief urged lawmakers to devote time and effort in scrutinizing the draft of the Bangsamoro Basic Law when it reaches Congress.
“Soon, the ball will be in Congress’ hands. It is the Congress that will ultimately shape and mold the piece of legislation which will breathe life to the Comprehensive Agreement on the Bangsamoro,” emphasized Drilon, a former executive and justice secretary.
The Senate leader underscored that the law, which should be passed as early as possible, needs “to be responsive to the real and distinct problems and needs of the Bangsamoro people.”
“This measure should resolve social tensions, poor infrastructure, and lack of economic development in the region. It will demand from our lawmakers their utmost prudence, practicality and political acumen,” he added.
The Senate and the House of Representatives had earlier agreed to include the Bangsamoro Basic Law in their priority agenda, and both chambers committed to pass it by the end of 2014.
“That is our target because we want to see 2015 as the year when we can submit this for ratification by the areas covered by the Bangsamoro Basic Law.”
http://www.tribune.net.ph/headlines/milf-body-submits-half-baked-bbl-draft