Wednesday, July 18, 2018

Bicam OKs final Bangsamoro bill for Duterte signature

APPROVED. The bicameral conference committee on the proposed Bangsamoro Basic Law approves the final version of the bill, which will now be up for President Rodrigo Duterte's signature. Photo by Mara Cepeda/Rappler

The bicameral conference committee for the proposed Bangsamoro Basic Law (BBL) finalized on Wednesday, July 18, the measure that would grant greater autonomy to the region.

It took the bicam more than a week to reconcile the differing provisions of the House and Senate versions, with heated exchanges between members.

The House and the Senate would now have to ratify the bicameral conference committee report. They are set to do it on Monday, July 23, during the opening of the 3rd session of the 17th Congress and ahead of President Rodrigo Duterte's 3rd State of the Nation Address (SONA).

Duterte is expected to sign the proposed BBL into law just hours before his SONA.

The final version seeks to abolish the Autonomous Region in Muslim Mindanao (ARMM), replacing it with the Bangsamoro region which would have greater fiscal autonomy, a regional government, parliament, and justice system.

The proposed region would be composed of the current ARMM – Tawi-Tawi, Sulu, Basilan, Maguindanao, and Lanao del Sur – pending a regional plebiscite.

The bill also seeks to include 6 municipalities of Lanao del Norte and 39 barangays of North Cotabato in the Bangsamoro, provided that the province and their municipalities, respectively, vote for it. These areas previously voted to be included in the ARMM but failed when their mother units voted otherwise.

This was the most contentious provision in the bill, leading to an initial deadlock. The panel eventually sought the advice of the President, who in the end sided with the House on the issue and not with the Bangsamoro Transition Commission (BTC).

The chartered cities of Cotabato and Isabela would also be excluded in the proposed region, subject to the approval of their respective registered voters in the plebiscite.

The bill also has an opt-in provision, allowing adjacent areas to join the Bangsamoro, with a petition of at least 10% of their voters.

Parliament, justice, wealth

Once the proposed BBL is signed into law, a Bangsamoro government would be established, headed by a chief minister and a ceremonial leader called a Wali.

There would also be a parliament composed of 80 members – 50% party representatives, 40% district representatives, and 10% sectoral representatives, including two reserved seats for "non-Moro indigenous peoples and settler communities."

Despite having its own government, the Bangsamoro would not have its own military and police force, as these would still be under the national government. (READ: Bicam adopts Senate provision vs Bangsamoro firearms purchase)

As for justice, the region will have its own system based on the unique cultural and historical heritage of the Bangsamoro. (READ: Bicam approves creation of Shari'ah High Court in Bangsamoro)

The justice system of the region would be aligned with the 1987 Constitution, Shari'ah or Islamic law, traditional or tribal laws, and other relevant laws.

Shari'ah law would apply exclusively to cases involving Muslims. If a case involves a non-Muslim, Shari'ah law may apply only if the non-Muslim voluntarily submits to the jurisdiction of the Shari'ah court.

The traditional or tribal laws, meanwhile, would be applicable to disputes of indigenous peoples within the Bangsamoro.

The bill also seeks 75-25 wealth sharing between the national and Bangsamoro government. This means 75% of the national internal revenue collection would go to the Bangsamoro, and 25% to the central government.

An annual block grant, pegged at a 5% share of the national internal revenue or some P59 billion, would also be automatically appropriated to the region without any conditions.

https://www.rappler.com/nation/207524-bangsamoro-bill-final-version-approved-for-duterte-signature

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