The ARMM as Pnoy quoted was a failed experiment, thus the proposal of the Bangsamoro Basic Law. If in the case that we give them self-governance, will this ensure us genuine and lasting peace that they deliberately claim?

Ladies and Gentlemen, A pleasant evening to one and all.

We are all for peace, but this PEACE should be based on justice and in harmony with the 1987 Philippine Constitution. As the The bangsamoro basic law also presently known as house bill 4994 still has many constitutional issues. Naming only a few,

the creation of a political entity and abolishing ARMM which cannot be legally done as it nullifies the mandate of the constitution. Yes, they claim that the bangsamoro basic law is for autonomy, the same in the sense that the purpose is for self-government. But the differences lies in the governance structure. The authority given is much bigger compared to what is given to the ARMM. No constitutional provision or law allows its creation. In no way can it be considered an existing agency prior to its creation. It cannot be justified as a means by which the President ensures “that the laws are faithfully executed” precisely because its creation is for the purpose of abrogating the existing organic act of the ARMM which is an existing law the execution of which must be ensured by the President in the first place. House bill 4994 is an ineffective way to solve peace issues because it is patently not adherent with the constitution.

Second,

The Bangsamoro Basic Law affords extra-ordinarily special treatment to the Bangsamoro Government, to the prejudice of and damage to other local government units in the Philippines. The problem with this law is that they intend to give more rights to the bangsamoro entity compared to other local government units in terms of income allotments which leads to the violation of legal principle of equal protection of the laws. If peace is the answer, then is this the solution?

Third

As Pnoy describes the ARMM a failed experiment, to push a basic law which is a bigger and wider authority power is beyond reach. The ARMM compared to the BBL is a smaller scope and less complicated, it was not even succesful. What more implementing a self-government structure as big as the bangsamoro basic law with bigger responsibilities?

If they wish to imrove ARMM in terms of peace, they should better simplify it before ataining a bigger change.

Peace is not just the absence of war or conflict. Genuine peace can only be attained if the basic needs such as food, shelter, security and recognition are satisfied. A different option aside from BBL to attain lasting peace is instead on investing a large amount on creating a political entity and a basic law, it should rather be funded towards Mindanao public infrastructure and the root of all cause. The things that will help alleviate poverty is the best way to achieve lasting peace.

Let us always remember that war and rebellion came from the womb of poverty and social justice.

Lastly,

See more at: http://www.c-r.org/comment/bangsamoro-basic-law-historic-opportunity-indigenous-women#sthash.SMlRabFH.dpuf

full trust and confidence in our common desire for peace. But the Mamasapano Massacre woke up the entire nation. The people, especially those in Mindanao, are telling us to be very careful in railroading the passage of the BBL. The SAF 44 who were massacred by 800 MILF members, did not die in vain. They provided us the light to serve and protect the foundations of the 1987 Constitution and the one Republic of the Philippines

The bangsamoro basic law also presently known as house bill 4994 is a so called peace process to finally bring peace amongst communities in the south. Our stand takes a toll

on reasons as to why creating a political entity or an asymetric relationship as they call it with the central government is not the best way to go.

“For the Bangsamoro people, peace is not only the absence of war and conflict. Peace

is when the Bangsamoro people have truly benefited from the implementation of a

comprehensive social and economic reform that addresses the root cause of the

Bangsamoro problem,Unfortunately, those things are not in the Comprehensive

Agreement the on Bangsamoro peace deal.

- See more at: http://bulatlat.com/main/2014/03/31/still-no-peace-for-majority-of-bangsamoro-people-in-new-aquino-milf-deal/#sthash.LdqkL9JD.dpuf

It’s as if the creation of this law is an expression of their discontent with the gift of autonomy given to them and thirst for higher freedom which we think can’t guarantee anything but rather just be a redundancy to the past.

http://www.tribune.net.ph/nation/bbl-seeking-to-abolish-armm-admits-milf

The passage of the proposed Bangsamoro Basic Law (BBL), agreed upon by the government of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF), will subsequently lead to the abolition of the Autonomous Region in Muslim Mindanao (ARMM). In fact, the MILF admitted that the Framework Agreement on the Bangsamoro (FAB), the Comprehensive Agreement on the Bangsamoro (CAB) and the BBL – signed by the

GRP and MILF peace panels, are all calling for the abolition of ARMM. “The FAB, the CAB and the proposed BBL all speak for the abolition of the ARMM,” the MILF stated in an editorial posted over its Web site.

Peace and BBL should not be taken as "buy one-take one".

It is unfortunate that no less than the President wanted us to accept that the peace effort in Mindanao and the proposed BBL are one and the same, because they are not! Peace efforts and the BBL are two different subjects, and it is not foolproof that after passage of BBL, we will attain lasting peace in Mindanao. We have to realize that aside from MILF, there are other factions such as BIFF, Abu Sayyaf and numerous private armed groups, not to mention the growing number of members of the New People's Army in Mindanao. For all we know, BBL might suffer the same fate as our peace agreement with MNLF. I believe that peace efforts and the BBL should not be taken as "buy one take one"!

I am for Peace! I am for Peace with the MILF, MNLF and hopefully with the BIFF in Mindanao. I am also for Peace with the CPP-NPA in the entire country. But this PEACE should be based on justice and in harmony with the 1987 Constitution.

I initially supported BBL with closed eyes to give our President full trust and confidence in our common desire for peace. But the Mamasapano Massacre woke up the entire nation. The people, especially those in Mindanao, are telling us to be very careful in railroading the passage of the BBL. The SAF 44 who were massacred by 800 MILF members, did not die in vain. They provided us the light to serve and protect the foundations of the 1987 Constitution and the one Republic of the Philippines. I am still open to the passage of BBL provided that all components and provisions should adhere to the 1987 Constitution. If the Aquino government fails to pass it during his term, we can continue our effort together with the next Philippine President.

The President is asking, what is the other option aside from BBL to attain lasting peace. I believe that investing a significant part of our government funds towards Mindanao public infrastructure -- airports, ports, roads, railroads, schools, universities -- and other measures that will help in poverty alleviation, is the most effective way to attain lasting peace. Let us always remember, that war and rebellion came from the womb of poverty and social injustice. Peace can be attained if real economic growth is being enjoyed as well by the less fortunate Filipino families, both Muslim and Christian Filipinos.

  

The Bangsamoro Basic Law is unconstitutional for two principal reasons.First, the Transition Commission which drafted it is void because President Aquino III has no power tocreate a public office. No constitutional provision or law allows its creation. In no way can it beconsidered an existing agency prior to its creation. It cannot be justified as a means by which thePresident ensures “that the laws are faithfully executed” precisely because its creation is for thepurpose of abrogating the existing organic act of the ARMM – an existing law the execution of whichmust be ensured by the President in the first place. Legally speaking, therefore, the draft BangsamoroBasic Law does not exist, and because it does not exist, the President cannot certify it as urgent, and theCongress cannot act on the same.Second, allowing the Bangsamoro Government to keep 75% of the taxes in the autonomous region, toget the lion’s share of revenues from natural resources in the region, and to get 50% of the revenuesfrom fossil fuel exploitation there, inevitably reduces the corresponding shares of the Philippineprovinces, municipalities and cities which are not included within the Bangsamoro region. Thatreduction in their shares of revenues will translate to a substantial reduction in government services andwill trigger more taxes if basic state services are to continue to be delivered. In other words, theBangsamoro Basic Law affords extra-ordinarily special treatment to the Bangsamoro Government, to theprejudice of and damage to other local government units in the Philippines.Fairness dictates that if the people in Luzon, the Visayas, and the bulk of Mindanao will end up with asubstantial reduction in their shares of the national revenues pursuant to the Bangsamoro Basic Law,then the plebiscite to be held on the Bangsamoro Basic Law should not be limited to the Bangsamoroterritory. Every qualified voter all over the country must be allowed to vote in that plebiscite. To denythe people their right to vote in that plebiscite is to countenance class legislation. The equal protectionclause of the 1987 Constitution forbids class legislation.In effect, the Agreement provides for the drafting of a Bangsamoro Basic Law which President Aquinowill forward to Congress for approval. The Basic Law will define the relations of the central government,the Bangsamoro government, and the local government units.After the Basic Law is passed, presumably by the end of 2014, a plebiscite will be held to ratify the BasicLaw and particularly the so-called "core territory" of the Bangsamoro by 2015. The President will thenappoint a 15-member Bangsamoro Transition Authority to govern the region. Finally, a regionalparliament for the Bangsamoro with 50 seats will be elected during the national elections scheduled forMay 2016.I regret that, after my preliminary studies, I have concluded that the Framework Agreement on theBangsamoro is unconstitutional, for the following reasons:1. The Agreement is between the Philippine Government (GPH) and the MILF. It is misleading for theAgreement to identify that one party is the "Philippine Government." The reality is

that only one of thethree branches of government - the executive branch, consisting of the Office of the President actingthrough a peace panel of negotiators - represented the government. The executive branch alone doesnot represent the Philippine Government. Thus, the executive branch, in negotiating the Agreement hadno power to bind the two other branches - legislative and judicial. In negotiating for the government, I

 am afraid that the executive branch not only exceeded its powers, but may have infringed upon thepowers of the legislative branch.2. When the executive branch misrepresenting itself as the Philippine Government enters into anagreement with the rebel group, the result is not a mere autonomous region as provided for by ourConstitution, but a substate. Thus, the Agreement is concluded between one branch mistakenlyidentifying itself as the government, and what will turn out to be a substate.3. The Philippine Constitution provides for the powers of the state. The Constitution is supreme. TheAgreement reserves to the central government the exercise of certain so-called "reserved powers,"which are described as powers "retained by the central government." Thus, the Agreement diminishesthe sovereignty of the Philippine Government by listing what are the powers that the centralgovernment can retain. In other words, the Agreement attempts to redefine the sovereignty of thePhilippine state.In addition, the Agreement provides that the powers reserved to the central government will dependupon further negotiation by providing: "This list is without prejudice to additional powers that may beagreed upon by the parties." Thus, the Agreement not only reduces the sovereignty of the centralgovernment, but also provides that in the future, such sovereign powers as have been reserved may befurther increased, provided the Bangsamoro agrees. It will therefore be the Bangsamoro which willdetermine what should be the remaining sovereign powers of the central government.4. That Bangsamoro will be a substate is revealed by the following provisions:a. The powers of the central government shall be determined by the Agreement, thus turningBangsamoro into a substate.b. The Autonomous Region for Muslim Mindanao, which is provided for by the Constitution, will beabolished by mere agreement with the MILF, which is not surprising if you consider that theBangsamoro has become a substate.c. Allocation to the Bangsamoro of all powers exercised by the national government over localgovernment units.d. Although the Constitution provides that natural resources belong to the state, in the Bangsamoroterritory, only Bangsamoro will have exclusive jurisdiction over natural resources.e. The Annex on Power Sharing gives to Bangsamoro so-called "exclusive powers," which is defined as atautology, as "powers or matters over which authority and jurisdiction pertain to the Bangsamorogovernment."f. Only the Bangsamoro shall be under a ministerial form of government, while the rest of the countrywill operate under a presidential form of government.g. The Agreement in Part 7, para. 4, subpara (b) enumerates the functions of the Transition Commissionwhich at present is reportedly drafting the Bangsamoro Basic Law. One of the functions of the TransitionCommission is as follows: "To work on proposals to amend the Philippine Constitution for the purpose of

 amending and enriching in the Constitution the agreements of the Parties whenever necessary withoutderogating from any prior peace

PROPOSED BANGSAMORO BASIC LAW (BBL) BACKGROUNDER 3 : 5 Ways this Bangsamoro Government is More Powerful than the usual LGU

Posted on January 4, 2015by Biodiversity, Innovation, Trade and Society (BITS) Policy

Center, Inc

https://bitsinbits.wordpress.com/2015/01/04/proposed-bangsamoro-basic-law-bbl-

backgrounder-3-5-ways-this-bangsamoro-government-is-more-powerful-than-the-usual-

lgu/

CURRENT SOCIETAL CONCERNS

Elpidio V. Peria

4 January 2015

Continuing on the series that we started back in September last year when the draft of

the Bangsamoro Basic Law (BBL) was circulated online, aware also that this is one key

legislative measure that will need to hurdle the Philippine Congress in the first quarter of

2015, we continue reviewing the draft BBL and this time analyze its provisions relating

to the powers of this proposed Bangsamoro Government and compare it with the usual

local government unit (LGU), whose powers are granted by the Local Government Code

(RA 7160), and, after reviewing the online draft submitted to Congress in September, as

expected, the proposed government being set up in the draft BBL is more powerful than

the LGUs in the following manner:

1. LGUs don’t have exclusive powers, and they don’t also have powers that are

concurrently shared with the national government, which the Bangsamoro

Government possesses

The power distribution scheme in the draft BBL is akin to that of a typical federal system

where there are reserved powers retained by the Central Government, there are

concurrent powers shared by the devolved unit and the Central Government and the

devolved unit would still have their exclusive set of powers.

This scheme is not currently available to LGUs under the Local Government Code since

the 1987 Constitution only provides a decentralization scheme which is operationalized

through an effective allocation among the different local government units of their

respective powers, functions, responsibilities, and resources. This allocation of powers

among the various types of LGUs is an entirely different concept from the scheme of

concurrent and exclusive powers provided to the Bangsamoro Government by the draft

BBL.

Furthermore, if one compares the concurrent powers of the Bangsamoro Government in

the BBL, this is distinctly more powerful than the capabilities of local government units,

especially the municipalities and barangays, where they can only participate actively in

the implementation of national programs and projects.

There are fourteen areas where the Bangsamoro Government shares power with the

National Government :

1) Social security and pensions;

2) Quarantine

3) Land registration

4) Pollution control

5) Human rights and humanitarian protection and promotion

6) Penology and penitentiary

7) Auditing

8) Civil service

9) Coastguard

10) Customs and tariff

11) Administration of justice

12) Funding for the maintenance of national roads, bridges and irrigation systems

13) Disaster risk reduction and management

14) Public order and safety.

There are 58 areas where the Bangsamoro Government has exclusive powers:

1) Agriculture, livestock and food security

2) Economic and cultural exchange

3) Contract loans, credits, and other forms of indebtedness with any government or

private bank and other lending institutions, except those requiring sovereign guaranty,

which require Central Government approval;

4) Trade, industry, investment, enterprises and regulation of businesses taking into

consideration relevant laws

5) Labor, employment and occupation

6) Registration of business names, with the Bangsamoro Government listing these in

the Philippine Business Registry for business names;

7) Barter trade and countertrade with ASEAN countries;

8) Economic zones and industrial centers

9) Free ports

10) Tourism

11) Creation of sources of revenue

12) Budgeting

13) Financial and banking system

14) Establishment of government-owned and/or controlled corporations and financial

institutions

15) Authority to regulate power generation, transmission and distribution operating

exclusively in the Bangsamoro and not connected to the transmission grid

16) Public utilities operations in the Bangsamoro

17) Receive grants and donations

18) Education and skills training

19) Science and technology

20) Research councils and scholarships

21) Culture and language

22) Sports and recreation

23) Regulation of games and amusement operations in the Bangsamoro

24) Libraries, museums, historical, cultural and archaeological sites

25) Regulations on manufacture and distribution of foods, drinks, drugs and tobacco for

the welfare of the Bangsamoro

26) Hajj and umrah

27) Customary laws

28) Declaration of Bangsamoro holidays

29) Ancestral domain and natural resources

30) Protection of the rights of the indigenous people in the Bangsamoro in accordance

with the UN Declaration on the Rights of Indigenous Peoples;

31) Land management, land distribution, and agricultural land use reclassification

32) Cadastral land survey

33) Expropriation and eminent domain

34) Environment, parks, forest management, wildlife, nature reserves and conservation

35) Inland waters for navigation

36) Inland waters

37) Management, regulation, conservation of all fishery, marine and aquatic resources

within the Bangsamoro territorial jurisdiction

38) Bangsamoro settlements

39) Customary justice

40) Shari’ah courts and Shari’ah justice system

41) Public administration and bureaucracy for the Bangsamoro

42) Health, provided that the Central Government and the Bangsamoro Govt shall

cooperate with and assist each other in the prevention and control of epidemic and

other communicable diseases

43) Socil services, social welfare and charities

44) Waste management

45) Establishment and supervision of humanitarian services and institutions

46) Identification, generation and mobilization of international human resources for

capacity-building and other activities involving the same within the Bangsamoro

47) Establishment of awqaf (endowment) and other charitable trusts

48) Hisbah office for accountability as part of the Shari’ah justice system

49) Registration of births, marriages and deaths, copies of which shall be forwarded to

the Philippine Statistics Authority

50) Housing and human settlements

51) Development planning

52) Urban and rural development

53) Water supplies and services, flood control and irrigation systems in the

Bangsamoro…

54) Public works and highways within the Bangsamoro

55) Establishment of appropriate mechanisms for consultations for women and the

marginalized sectors

56) Special development programs and laws for women, the youth, the elderly, labor,

the differently-abled, and indigenous cultural communities

57) Local administration, municipal corporations and other local authorities including the

creation of local governments

58) Establishment or creation of other institutions, policies and laws for the general

welfare of the people in the Bangsamoro

2. In addition to the exclusive powers, the Bangsamoro Government also has

other exclusive powers which is not in any way exercised by other LGUs under

the Local Government Code

Not only possessed with having fifty-eight (58) exclusive powers, the draft bill also

provides for sixteen (16) “other exclusive powers” for the Bangsamoro Government over

the following areas :

a) Foreign investments, particularly to regulate and exercise authority over them;

b) Proclamation of a state of calamity over its territory whenever typhoons, flashfloods,

earthquakes, tsunamis or other natural calamities;

c) Temporary take-over or direct operation of any privately-owned public utility or

business affected with public interest in times of state of calamity;

d) To recognize constructive or traditional possession of lands and resources by

indigenous cultural communities subject to judicial affirmation

e) To adopt and implement a comprehensive urban land reform and land use program;

f) Specific grant of legislative powers to the Bangsamoro Parliament to provide for a

system of initiative and referendum for the passage, amendment or repeal of regional or

local legislation; to conduct inquiries or public consultations in aid of legislation; to

provide for the augmentation of any item in the Bangsamoro General Appropriations

Law for the respective offices of the Chief Minister, Speaker of the Parliament and the

Presiding Justice of the Bangsamoro Shari’ah High Court from savings in other items of

their respective appropriations; to enact a law that shall regulate the grant of franchises

and concessions, and empower the Chief Minister to grant leases, permits and licenses

over agricultural lands and for forest management

g) To create pioneering firms and other business entities needed to boost economic

development in the Bangsamoro;

h) To establish and operate pioneering public utilities in the interest of regional welfare

and security;

i) To support and encourage the building up of entrepreneurial capability in the

Bangsamoro and to recognize, promote and protect cooperatives;

j) To supervise and regulate private schools in the Bangsamoro and to allow for the

participation of three representatives of private schools in the deliberations of the

appropriate Bangsamoro government’s ministry or office on matters dealing with private

schools

k) To be represented in the board of the state universities and colleges in the

Bangsamoro

l) To supervise, through the appropriate ministry, the accredited madaris in the

Bangsamoro

m) To conduct periodic competitive qualifying examinations of madaris teachers for

permanent appointments to the Bangsamoro education system;

n) To adopt measures to protect and promote the rights of peoples’ organizations and

other collective organizations;

o) To adopt measures for the protection of the youth in the Bangsamoro and the

promotion of their welfare, and to create the appropriate office and other mechanisms

for the implementation of such measures;

p) To enforce the policy against the appointment or designation of any member of the

Armed Forces of the Philippines in the active service to a civilian position in the

Bangsamoro Government, including government-owned and/or –controlled

corporations, or in any of their subsidiaries or instrumentalities within the Bangsamoro

3. The Bangsamoro Parliament has more powers than the usual Sanggunian be it

the Province, City or Municipality

The grant of legislative authority to the Bangsamoro Parliament encompasses all

matters that are within the powers and competencies of the Bangsamoro Government.

What this means is that the said Parliament can enact laws or measures on all powers

of the Bangsamoro Government on fourteen (14) items which it shares with the Central

Government, the fifty eight (58) items over which it has exclusive powers and on the

additional sixteen (16) additional exclusive powers. By comparison, a Sangguniang

Panlalawigan only has around thirty (30) items or areas where it can exercise its

legislative powers. This simplistic enumeration of powers would be sufficient to illustrate

the asymmetry in the powers of this Bangsamoro Government with the other local

government units under the Local Government Code.

4. While the Bangsamoro Government is also under the general supervision of

the President, it is not actually accountable to the Department of Interior and

Local Government (DILG)

While all local government units and autonomous regions in the country are under the

general supervision of the President, there is the Department of Interior and Local

Government (DILG) that follows through on this task of supervising the local

governments in accordance with the legislative mandate given to the DILG. Even the

Local Government Code requires that a copy of the Annual Report of every local chief

executive is also provided to the DILG. There is no such requirement for the

Bangsamoro as there is a separate and distinct scheme on how coordination is

achieved between the Central Government and the Bangsamoro Government – the

Central Government – Bangsamoro Government Intergovernmental Relations Body

where all disputes and issues relating to these intergovernmental relations shall be

resolved through regular consultations and continuing negotiations in a non-adversarial

manner.

What existing LGUs that may eventually join the Bangsamoro Government should be

mindful of is a provision in the BBL which states that “the privileges already enjoyed by

local government units under existing laws shall not be diminished unless otherwise

altered, modified, or reformed for good governance in accordance with a law to be

enacted by the Bangsamoro Parliament.” This is a double-edged provision which may

either reduce or enhance their current status or privilege, including their reporting duty

to the DILG, depending on the law that may be enacted by the Bangsamoro Parliament.

5. While the Bangsamoro people already have their Bangsamoro government,

they also get guaranteed seats in key positions in the National Government

To correct the historical injustice on the Bangsamoro, the BBL provides for a scheme of

affirmative action in the National Government and reserving at least one seat for the

Bangsamoro in the National Government, particularly the Cabinet, the other

departments, offices and bureaus holding executive, primarily confidential, highly

technical and policy-determining positions, and in each of the Constitutional

Commissions (namely the Commission on Elections, Commission on Audit and the Civil

Service Commission). This scheme is not available for any other ethnic or political

group in the country, which makes it a truly historic scheme that hopefully will eventually

work for the inclusion of the Bangsamoro in the political mainstream.