Explain to us why no-el is necessary: Sotto

Senate President Vicente “Tito” Sotto III on Thursday said those pushing for the cancellation of the 2019 midterm elections must clearly explain first to senators the necessity of the proposal.

House Speaker Pantaleon Alvarez earlier floated the possibility of a "no-el"(no election) scenario for 2019 for Congress to focus on Charter change and the country’s shift to federalism.

Alvarez suggested that this could be done by amending the constitutional provision requiring elections every three years through people’s initiative.

“That is the reason why perhaps I am not supportive of the proposal. Why is there a need? I think that is the question that needs to be answered,” Sotto said during the regular Kapihan sa Senado forum.

“Why do we need no-el? Please explain it to us, maybe you will convince majority of the senators to support it if you can explain it,” he added.

Sotto said he opposes the proposal of amending the Constitution through a people’s initiative because it lacks an enabling law.

“There was a law that was passed but was struck down by the Supreme Court and it was deemed inadequate,” Sotto said.

He was referring to Republic Act 6735 (People’s Initiative and Referendum Act) which was passed in 1989.

While its intent was to propose amendments to the Constitution, RA 6735 was struck down by the High Court because it was “incomplete, inadequate, or wanting in essential terms and conditions insofar as initiative on amendments to the Constitution is concerned.”

Sotto said Congress has to address first the inadequacies mentioned by the SC to come out with an enabling law that will be constitutionally compliant.

He warned that pushing for a people’s initiative to cancel the 2019 elections without the enabling law would result to massive vacancies in government posts from the local to the national level.

Sotto said this would happen in the event that proponents managed to force the cancelation of the midterm elections through an unconstitutional people’s initiative.

“The SC would strike it down for sure. This is not allowed in the Constitution,” he said.

“So when it is struck down, at tapos na yung 2019 election period at hindi nagkaroon, ang matitirang public officials sa gobyerno ay presidente, vice president at 12 senador. Lahat wala na,” Sotto said.

(When it is struck down, and the 2019 election period is over and there were no elections, the only public officials left would be the president, vice president and 12 senators.)

The Constitution does not allow for the automatic extension of the terms of the incumbent officials, he added.

And even if President Rodrigo Duterte is allowed to appoint local officials in a "no-el" scenario, Sotto noted that the sheer number of vacancies will make it impossible.

"There are a thousand positions in the government that has have been filled up by the executive. Then there would have vacancies in 1,800 cities and municipalities.. I don't think that's possible," he said.

Sotto said it is the sense of the Senate to oppose the postponement of the 2019 elections.

“I don’t want to speak for anyone else, but I have yet to hear from a member of the Senate who agrees to that particular people’s initiative or other forms of extending the terms of officials,” Sotto said. (PNA)

Sotto: No need to railroad federalism efforts after Bangsamoro Organic Law approval

The proposed Bangsamoro Organic Law hurdles the scrutiny of the bicameral conference committee following the reconciliation of all its sensitive and contentious provisions on Wednesday (July 18).

And with the expected enactment of the proposal, Senate President Vicente Sotto III said that the Congress will no longer need to railroad the efforts for the shift to federalism.

During a weekly press briefing at the Senate, Sotto noted that the proposed organic law could be a good test case to see if a federal type of government would work in the country.

“Magandang experimental itong Bangsamoro Organic Act. Dito makikita natin kaya hindi natin kailangang apurahin yung federalism,” Sotto said.

The measure seeking to create a Bangsamoro entity that aims to help attain lasting peace in Mindanao is expected to be ratified by the Congress on July 23.

President Duterte is expected to sign the bill into law on the same day when he delivers his third State of the Nation Address (SONA).

Sotto added that in the two years of the implementation of the Bangsamoro Organic Act, the public would be able to weigh in if it is effective or not.

He said that the Congress can always repeal the law if it fails to cease the hostilities. But if it turns out positive, it would not be hard to push for charter change.

Sotto admitted that for now, he is not keen to push for the immediate passage of the proposed federal charter as it contains issues that need to be thoroughly scrutinized.

These include the proposed political party system, putting up of a democracy fund and the anti-political dynasty.

“Maraming debatable issues pa,” said the Senate president.

The Senate leader plans to call for a caucus after the SONA on Monday (July 23) to get his fellow senators’ take on the proposed constitutional revisions.

Duterte rejects ‘no election’ scenario in 2019

PRESIDENT Rodrigo Duterte rejected a “no election” (no-el) scenario in 2019 because he “believes in democracy,” his spokesman said on Thursday.

“[The President and I] have talked about [the proposal of no-el.] I will quote the President, ‘I will not have any hand in that.’ He is strongly opposing no-el for Charter change. That is his stance,” Secretary Harry Roque told a press briefing.

“He believes in democracy and he believes in the elections. He wants the referendum to go with the election [next year],” Roque said.

Roque also said that the President would want to lead by example and expected his allies not to benefit from charter change through the no-el.

“Let’s put it this way. He has asked the consultative committee to add a provision to make sure he will not benefit form charter change. He would like to see all his allies do the same thing not to benefit from charter change, leading by way of example,” Roque said.

However, Roque said that if there would be a people’s initiative, the government would have no choice but to bow to the will of the Filipinos. RALPH VILLANUEVA

Drilon doubts BBL to result in good governance in Bangsamoro

Less than a day after both houses of Congress agreed on a consolidated version of the Bangsamoro Basic Law, Senate Minority Leader Franklin Drilon said that he had low expectations that it would result in improved governance.

Drilon explained that the law, officially known as the "Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao," did not have effective measures to address governance issues which hounded the current ARMM for decades.

"I am not optimistic that the BBL will result in good governance. The failure of governance in the ARMM, not only the decades-long conflict, is also to be blamed for the high incidence of poverty in the region," Drilon said.

According to the former Senate chief, the BBL was pro-peace and stability but lacked teeth that could improve the prevailing politics and governance in ARMM which he blamed for the poverty of many of its provinces.

He lamented the removal of the anti-political dynasty provision from the measure, which he said could destroy the other good governance measures lawmakers put in the proposed law.
Among the measures aimed at ensuring better governance in the envisioned Bangsamoro region were the provisions which would maintain the Commission on Audit as the exclusive auditing agency and the tightening of qualifications for the justices of its Sharia courts.

After more than a week of debates, the Senate and the House of Representatives came up last night with a version of the BBL which would be submitted for President Rodrigo Duterte's signature.

Lawmakers from both chambers said that the measure, which would establish a region that would replaced the ARMM, could withstand questions over its constitutionality.

Sen. Juan Edgardo "Sonny" Angara said that the measure would result in the attainment of peace and development in the Bangasamoro region.

"We are hoping that once this is signed our countrymen in Mindanao will witness and feel genuine peace and development in their region which has been enveloped by violence for decades," Angara said in a statement after the agreement.
Sen. Paolo Benigno Aquino IV hailed the approval of a consolidated version as a big step in defeating poverty in the region.

He also urged Filipinos to ensure that the measure would result in peace and development for the Bangsamoro people.

Once signed, the proposed law will give the Bangsamoro government devolved powers such as fiscal autonomy, devolution of health, urban and land reform, administration of justice, control over free ports and economic zones, administrative reorganization and creation of government-owned and -controlled corporations.

Presidential spokesman Harry Roque said in a press briefing in the palace that Duterte might sign the measure on Monday afternoon following the Senate's and House's ratification.

https://www.philstar.com/headlines/2018/07/19/1834940/drilon-doubts-bbl-result-good-governance-bangsamoro

Duterte likely to sign BBL before SONA: Palace

President Rodrigo R. Duterte will possibly sign into law the proposed Bangsamoro Basic Law (BBL) before his third State of the Nation Address (SONA) on Monday (July 23), Malacañang said on Thursday.

The bicameral conference committee of the House of Representatives and the Senate approved on Wednesday the reconciled versions of the measure seen to end decades-long conflict in Mindanao.

“It is possible that it (signing) could be on Monday,” Presidential Spokesperson Harry Roque said in a regular Palace press briefing.

Roque thanked the lawmakers, as well as the Bangsamoro Transition Commission (BTC), for approving the bicameral conference committee report of the BBL.

“Because they have already finished the bicameral conference on the BBL, our President can sign it before his SONA. I’m not sure when. Anytime now he can actually sign as soon as we receive the consolidated version of the proposed Republic Act that he will sign,” he explained.

Roque said both the House and the Senate can ratify the bicameral report when they meet separately on Monday morning to open the third regular session of the 17th Congress.

“The ratification will happen there. It can be done because it (BBL) was certified as urgent bill,” said Roque, a former lawmaker.

Under the final version, the BBL will be renamed the Organic Law for the Bangsamoro seeking to abolish the current Autonomous Region in Muslim Mindanao and replace it with the Bangsamoro Autonomous Region in Muslim Mindanao.

According to media reports, the new Bangsamoro region will be composed of Tawi-Tawi, Sulu, Basilan, Maguindanao and Lanao del Sur. (PNA)

Senate President: 2019 elections cannot be canceled

The mid-term elections set for May 2019 cannot be put off, Senate President Tito Sotto said on Thursday.

"The elections cannot be cancelled," said Sotto. "Even with a joint resolution, we cannot do that. A constitutional amendment is the only way you can do that."

Sotto was citing Article VI, Section 8 of the 1987 Constitution, which provides: "Unless otherwise provided by law, the regular election of the Senators and the Members of the House of Representatives shall be held on the second Monday of May."

He noted that a constitutional amendment was the "only way" to cancel an election. Under the law, elections could only be moved, he added.

In light of the push for charter change, House Speaker Pantaleon Alvarez proposed scrapping mid-term elections, which translates to extended terms for legislators. But this just gives people the idea that the shift to federalism will serve politicians, who will have a prolonged stay in power, Consultative Committee member Nene Pimentel warned.

Alvarez said they could always gun for a people's initiative if the Upper House refuses the no-election scenario. However, Sotto also maintained this method needed an enabling law.

Senators have spoken out against term extension, and Sotto affirmed that majority were not interested in a longer term.

"I have yet to hear a member of the Senate that agrees to that particular people's initiative or other forms of extending the terms of officials," he said.

Opposition Senator Bam Aquino also told CNN Philippines' The Source on Thursday that he believes Filipinos will want to exercise their right to vote. Because the proposed extension is in view of federalism, he also noted Pulse Asia and SWS surveys that said most Filipinos were against charter change.

He also warned that the push to cancel elections was a "red flag," and it "brings [the country] closer to an autocracy or to dictatorship."

"May mga tao talaga [There are people]... pushing for a federal form or a change in our Constitution who genuinely want to see real change," said Aquino. Among them, he believed, are ConCom members former Chief Justice Reynato Puno, former Associate Justice Atonio Eduardo Nachura, and former Senate President Nene Pimentel.

But he added, "There are those who want this because they want the 2019 elections postponed and they want to extend their terms. Kailangang ihiwalay natin yung mga hangarin na iyon [We need to separate those intentions]."

Drilon worries BBL lacks anti-dynasty provision

By Hannah Torregoza

Senate minority leader Franklin Drilon on Thursday said he is not confident that the consolidated version of the Bangsamoro basic law would be as effective as they expect it to be due to its lack of a powerful anti-political dynasty provision.

Drilon said both the Senate and House panel rejected this amendment he proposed to be included in the proposed Bangsamoro organic law.

“I am not optimistic that the BBL will result in good governance due to the rejection of my amendment to include an anti-dynasty provision similar to that found in the Sangguniang Kabataan (SK) Reform Law,” Drilon said.

The bicameral conference committee approved the BBL Wednesday night after a lengthy and marathon discussions on the provisions of the measure.

Drilon said he pushed for the inclusion of an anti-political dynasty provision in the BBL as an Ateneo de Manila University study showed that five of the country’s poorest provinces are in the Autonomous Region in Muslim Mindanao (ARMM) where political clans are rampant.

But lawmakers questioned why political plans would only apply to the ARMM provinces and not in other regions.

“So instead of blocking the passage of the BBL, I said, okay, even if without an anti-dynasty provision in place, I’m still thinking this might still bring about peace in the region,” said the senator in a Radio DZMM interview.

“But good governance? I’m not sure that the BBL will be able to bring about good governance in the Bangsamoro region precisely because there is no anti-dynasty provision in the proposed law,” he pointed out.

“The BBL is pro-peace peace and stability but it lacks teeth to reform the prevailing politics and governance in ARMM that resulted in its provinces being one of the poorest in the country,” Drilon said.

He said the absence of this very powerful provision could put to naught other measures that Congress has put in place to promote good governance in the Bangsamoro region.

Among them are the provisions that promote accountability by maintaining Commission of Audit as the exclusive auditor and tighten the qualification of Sharia’h courts justices.

The proposed law also gives the Bangsamoro government the power to create government corporations but subject to compliance with the provisions of the GOCC Governance Act.

It may also enact its own civil service rules that should be compliant with existing rules.

“Unfortunately, the future of the Bangsamoro region will be in the hands of a very few families again, because of our failure to prevent political dynasty,” Drilon said.

Duterte to sign Bangsamoro Autonomous Region Law on Monday

By Genalyn Kabiling

A bill creating a new Bangsamoro region will be finally be signed into law by President Duterte before his State of the Nation Address (SONA) on Monday following the approval of the measure at the bicameral level, Malacañang said Thursday.

Presidential Spokesman Harry Roque lauded the bicameral conference committee for approving the reconciled version of the proposed Bangsamoro Organic Law after nearly a week of deliberation.

“We thank our lawmakers and members of the Bangsamoro Transition Council because the bicameral conference on the BBL (Bangsamoro Basic Law) is finished. Because they completed the bicameral conference, the President will sign the BBL before his SONA this coming Monday,” Roque said in Filipino during a Palace press briefing.

The bicameral conference committee approved the final version of the BBL, which has been renamed as organic law for the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) last Wednesday.

Roque said the Senate and the House of Representatives are expected to ratify the bicameral measure when they start the third regular session on Monday. It will then be submitted to the President for his signature before he delivers his nationwide public address that same day.

“Anytime now we can sign it. As soon as we receive the consolidated version of the proposed Republic Act, the President can sign it,” Roque said.

“It’s possible it will be on Monday. That’s the target anyway,” he added.

Despite the imminent approval of the Bangsamoro Organic Law, Roque still pushed for proposed amendments to the Constitution particularly the shift to a federal form of government. He said federalism would empower local government units to enhance development in their respective regions.

“There is a need to change the Constitution, to make this an institutional change,” he said.

Sotto: Senate to ratify Bangsamoro Organic Law on Monday

Senate President Vicente “Tito” Sotto III. INQUIRER.NET PHOTO/CATHY MIRANDA

Senate President Vicente “Tito” Sotto III on Thursday said the Senate is expected to ratify the Bangsamoro Organic Law (BOL) on Monday, July 23 as Congress crams to pass the law in time for the President’s State of the Nation Address (Sona).

The bicameral conference committee approved Wednesday night the reconciled version of the Bangsamoro Basic Law which was subsequently renamed as the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) or the Bangsamoro Organic Law (BOL).

Sotto said the ratification of the bicameral conference committee report will be the top agenda when the 18th Congress opens on Monday.

Malacañang earlier said President Rodrigo Duterte will sign the BOL before he delivers his Sona on Monday.  /muf

http://newsinfo.inquirer.net/1011957/sotto-senate-to-ratify-bangsamoro-organic-law-on-monday

'No election' plan will lead to massive vacancies in gov't: Sotto

Senate President Vicente "Tito" Sotto III warned Thursday there will be thousands of vacancies in government posts from the local to the national level if the 2019 national elections do not push through.

Sotto said while President Rodrigo Duterte is allowed to appoint lawmakers and local officials in a no-election scenario, the sheer number of vacancies will make it impossible.

"There are a thousand positions in the government na hindi pa nafi-fill-up-an ng executive. Tapos magkakaroon ng [vacancies] sa 1,800 cities and municipalities.. I don't think that's possible," he said.

Sotto's remarks came after Speaker Pantaleon Alvarez made a pitch for a people's initiative to postpone next year's midterm elections to allow Congress to facilitate charter change.

Sotto, however, said there is no enabling law yet for a people's initiative. He stressed that there is no need to rush charter change as many of the proposed amendments are still debatable.

He added that it is better to observe first what will happen to the Bangsamoro entity, which is an example of a region working in a federal set-up.

Duterte is set to sign the Bangsamoro Organic Law, creating the Bangsamoro entity that will grant wider autonomy the areas of Muslim Mindanao.

Bangsamoro law not a magic bullet - solon

A lawmaker acknowledged Thursday that the proposed Bangsamoro Organic Law, which grants wider self-rule to the Muslim minority in the south, is "not a silver bullet" against the conflict-wracked region's problems.

The bill is among the requirements under a 2014 peace agreement between Manila and the Moro Islamic Liberation Front (MILF), the country's largest Moro rebel group.

Under the measure, the MILF will lead a transition authority that will supervise creation of the Bangsamoro Autonomous Region to replace ARMM.

Asked about the possibility of other Moro groups contesting MILF's leadership, Zamboanga Rep. Celso Lobregat said: "'Yan nga ay isang problema (That is a problem)."

"This is one step towards peace, but the basic law is not a silver bullet na pagpasa nito e magkakaroon ng kapayapaan (that will instantly create peace after it is passed)," he added.

"Marami pang ibang problema (there are many other problems), but at least, it will be a step in the right direction. We are hoping for the best, but we also have to level our expectations."

A bicameral conference approved Wednesday the Bangsamoro Organic Law, paving the way for President Rodrigo Duterte to sign it into law.

The law will funnel into the Bangsamoro Autonomous Region 5 percent of the national internal revenue amounting to at least P60 billion to P70 billion a year.

The region headed by a chief minister and 2 deputy ministers, to be elected from the parliament – half of which will be political party representatives while 40 percent are district representatives and 10 percent are sector representatives.

Quest for Bangsamoro peace

WE ARE near the final leg of reforming and updating the autonomy parameters for Muslim Mindanao through the proposed Bangsamoro Basic Law (BBL). It is very likely President Duterte will sign the BBL just hours before his State of the Nation Address next week, right after the Senate and House ratify the bicameral conference committee report in the morning. That is the necessary formality.

The BBL is now on record one of the most meticulously examined, written and rewritten pieces of legislation ever to go through Congress. There is no such thing as a perfect bill or law. BBL was crafted by a 17th Congress fully aware of the previous constitutional challenges hurled at earlier attempts to reform the Autonomous Region in Muslim Mindanao (ARMM) and address ancestral domain issues. Congress did its homework and did what it could for the BBL.

Filipino Muslims are resilient. They have survived great adversities in life over the centuries. They were in the Philippines long before the Spanish colonizers came. Now is not the time for fear of the other. Let us give peace in Muslim Mindanao a chance. Let us set aside decades and centuries of animosity, distrust, and enmity among us.

There a misguided few who still want to wage war. We are now weary and tired of war. We want peace and progress, not death and misery. Alexander Pope, the great English philosopher, said it best: For forms of government let fools contest, that which is best administered is best.

We have tried the ARMM solution and it yield mixed results, but mostly extremely disappointing results. The ARMM is longer overdue for overhaul. It simply is not working the way it should.

But real success of the BBL relies mostly on electing competent, faithful, and courageous leaders into office. Training for aspiring local officials, voter education for residents, capability-building mechanisms on the ground, empowered watchdogs to keep officials in check, and fair law enforcement are what will truly bring Muslim Mindanao forward to prosperity, inclusive economic growth, and genuine political change.

Again, let us find ways instead of shutting doors and windows.

Fariñas explains changes in approved version of Bangsamoro measure

The reconciled version of the Bangsamoro Basic Law (BBL) – now known as the Bangsamoro Organic Law (BOL) – approved by the bicameral conference committee on Wednesday night made certain revisions in key sections.

According to House Majority Leader Rodolfo Fariñas, the committee not only changed the name of the law but also edited its preamble.

“We accepted mainly what they wanted, but we saw to it [that we retained the phrase] Filipino people’,” Fariñas said in ambush interview after the committee hearing. “The way they crafted it, it was like the Bangsamoro people were speaking of themselves.”

“So we put in there ‘Filipino people,’ in recognition of their aspirations of the Bangsamoro people and the other inhabitants of Muslim Mindanao,” he added.

Fariñas said he was confident that the unified BOL version would pass all tests of constitutionality, especially with its renaming.

“Definitely, because we were very careful, precisely we had several problems along the way because we could not grant everything they want,” he said.

The common criticism about the BBL was its use of the phrase “basic law,” which in legal parlance refers to a constitution.

Critics feared that once the old BBL was adopted, it would have created a state – the Bangsamoro – inside another sovereign state – the Republic of the Philippines. This would have effectively granted secession of the Bangsamoro from the Philippines.

Fariñas also shrugged off the possibility of critics bringing the case of the BOL to the Supreme Court, saying that it would favor the proposal since it would be the highest court which would decide on its constitutionality.

“They have the right, and we want them to bring it (BOL) para it would pass the test of constitutionality,” he said. /atm

http://newsinfo.inquirer.net/1011819/farinas-explains-changes-in-approved-version-of-bangsamoro-measure

BBL is now Bangsamoro Organic Law

The bicameral conference committee has changed the title of the Bangsamoro Basic Law to Bangsamoro Organic Law in compliance with the 1987 Constitution.

Section 1 of Article 1 of the reconciled measure now states that it shall be known as the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao while Section 2 states that the political entity shall be known as Bangsamoro Autonomous Region.

"Because that is what the Constitution provides," House Majority Leader Rodolfo Fariñas told reporters Wednesday when asked why they changed the title.

"The Constitution provides that the Congress shall enact an Organic Law for the Autonomous Region in Muslim Mindanao and the Cordillera, so 'yun ang sinunod namin," he explained.

The joint panel approved the measure Wednesday night, after six days of deliberations.

Fariñas said they will send a copy of the reconciled bill to President Rodrigo Duterte to allow him to study it.

The Senate and the House of Representatives will ratify the measure when they open the Third Regular Session morning of Monday, July 23, and before the President delivers his State of the Nation Address.

Duterte is expected to sign the bill into law on the same day. — BAP, GMA News

http://www.gmanetwork.com/news/news/nation/660991/bbl-is-now-bangsamoro-organic-law/story/

Mayor Domogan: Sky Ranch to boost Baguio tourism

Baguio City Mayor Mauricio Domogan said SM City Baguio’s Sky Ranch project will boost the local industry.

The Baguio politiko said the additional attraction will maintain the influx of tourists in the Summer Capital.

Domogan said the project has his full support.

“We welcome the upcoming completion of SM City Baguio’s Sky Ranch project because it will definitely provide added attractions, especially for the children wanting to enjoy patronizing amusement and recreation facilities,” he said.

The Sky Ranch is scheduled in the third quarter of 2018.

“We will definitely support the project to the fullest because it will surely do good for our city,” Domogan added.

http://northluzon.politics.com.ph/mayor-domogan-sky-ranch-to-boost-baguio-tourism/

Another Jake-Celine duet in the offing?

Some 10 years after Jake Zyrus, then known as Charice Pempengco, shared the stage with pop diva Celine Dion at the Madison Square Garden in New York, there is great clamor for the two singers to do a duet again when Celine performs at the Mall of Asia Arena tonight.

It was TV host Oprah Winfrey who recommended Charice to sing with Celine onstage in the latter’s concert, “Taking Chances World Tour,” in 2008. That early, Charice became the country’s pride after Celine introduced her as an “incredible young singer.”

“Let me tell you, she has a voice that can literally blow the roof off Madison Sqaure Garden,” Celine excitedly told her fans. They rendered “Because You Loved Me” and got a standing ovation from the crowd.

In an interview early this year, the international diva said she remembered her duet with Charice and the latter’s “amazing voice.”

Celine even expressed her happiness for the new life of Charice as Jake Zyrus.

So, will Jake get a chance to sing with Celine again? Maybe they will do another duet and render “The Prayer.”

This time, Jake can sing the part of Andrea Bocelli. If that happens, thousands of Filipinos who will watch the Celine Dion concert will undoubtedly be thrilled that a Filipino performer will get to perform with an international pop artist.

Meanwhile, Jake just finished a successful concert tour in Europe and performed in London, Newcastle and Birmingham in the United Kingdom and Dublin in Ireland. In the last quarter of 2018, he is set to embark on another US concert tour.

Jake recorded the theme song of indie movie, “She’s A Killer,” where he is also among the stars. The movie will be released in Japan and other Asian countries this October.

This August and September, Jake will do another indie film, to be released summer of next year.

Jake is also set to launch a book about his life and journey.

• • •

Tidbits: Happy b-day greetings today, July 19, go to former DOT Sec. Obet Pagdanganan, Alessandra de Rossi, Gary Flores, Jovit Moyà, Cyril David, Arlette Ledesma, former Brgy. Fairview Chairman Art Quebal, Samuel Garcia, Leona Nepomuceno, Mercurio Vito Cruz, Dra. Aurea Carlos, John Paul Celeste, Chris Baluyut, Charlene Bobis, Queen Duna and Gerry Baja… July 20: MB Pres. Dr. Emil Yap III, Rep. Rosemarie Arenas, Jorge Araneta, Raymart Santiago, Claudine Barretto, Anjanette Agbayani, Zenaida Tantoco, Nenita Evans, Dr. Mely Europa, Francesca Teotico, Vice Consul Ron Castro, Tess Pamintuan, Dennis Ladaw, Fe Arellano, Doc Gamboa, Eric Cham, Biboy Ramirez, Bebong Munoz, Gloria Roco, Agot Isidro, Rayver Cruz, and Solenn Heussaff…

Bicam approves Bangsamoro law after six marathon hearings

By Charmaine A. Tadalan

THE Bicameral Conference Committee has approved on Wednesday night, July 18, the reconciled version of the Bangsamoro Basic Law (BBL), which will be called the Organic Law of the Bangsamoro Autonomous Region in the Muslim Mindanao.

The landmark bill, according to Senate Majority Leader Juan Miguel F. Zubiri, hurdled the bicameral level a year after the Bangsamoro Transition Commission (BTC) submitted the draft BBL to President Rodrigo R. Duterte.

“First of all, we’re addressing the aspirations of our brothers and sisters for self-governance, additional funding for the block grant, they’ll be able now to chart their own path,” Mr. Zubiri told reporters in a chance interview, following the approval.

House Majority Leader Rodolfo C. Fariñas, for his part, expressed confidence the Committee had addressed all possible constitutional breach.

“Definitely, we want them to bring it (to the Supreme Court), (so that) it will pass the test of constitutionality,” Mr. Fariñas said.

The Majority Leaders said a copy of the reconciled version will be provided to the Office of the Presidential Adviser on the Peace Process and will be subject for review of the President. “Both panels will be able to ratify it Monday morning, barring any unforeseen circumstances,” Mr. Zubiri said.

The Committee on Wednesday afternoon finalized the last five articles of the proposed Bangsamoro Basic Law (BBL) including the article on the economy and patrimony. The committee has held six marathon hearings on the draft law.

“(We’ll) discuss these five articles, and hopefully approve it by this afternoon,” Senate Majority Leader Juan Miguel F. Zubiri said in a press briefing. “We’re down to the last five articles and we see only one article that is contentious and sensitive, which is patrimony and natural resources.”

The senator from Bukidnon said the BBL has by far the longest bicameral meeting. “This measure probably has the longest bicam. Ito siguro pinakamatagal (This probably took the longest), longer than TRAIN (Tax Reform for Acceleration and Inclusion). TRAIN, we did in four days,” Mr. Zubiri said.

Earlier, he said the draft BBL, if approved, will only amend, not repeal, Republic Act 9054 on the organization of the Autonomous Region in Muslim Mindanao (ARMM).

Under the article on economy and patrimony, the proposed measure identifies the power, authority and control of the Bangsamoro government on the utilization of inland bodies of water, natural resources, and fossil fuels among others.

The panel agreed last week to allow the national government, through the Department of Energy (DoE), and the Bangsamoro government to jointly explore and utilize natural resources in the region.

It was also resolved that inland waters of the Bangsamoro region will be under the control of the Bangsamoro regional government, save bodies of water that contribute power outside the region. Case in point is Lake Lanao which produces power for about 30% of Mindanao. Further, the proposed measure provides that Bangsamoro waters in the Sulu Sea and Moro Gulf will extend up to 19 kilometers from the low-water mark at the coast.

Also resolved by the committee were issues concerning the Shari’ah courts. At present, according to Mr. Zubiri, the Shari’ah justice system does not require court members to be lawyers, but they must be experts on the Qur’an and Islamic Law.

“Right now, hindi needed na abogado dahil meron silang special exam na binibigay ng (it’s not required that they be lawyers because they take a special exam given by the) Supreme Court, (the) Special Shari’ah Bar Exam,” Mr. Zubiri said.

But he also noted that the proposed BBL expands the Shari’ah justice system, which will now have criminal jurisdiction on minor offenses.

“Hawak na ng Shari’ah Courts ang ibang (The Shari’ah Courts will have jurisdiction over) criminal cases involving Muslims to Muslims…, (on) which the penalty is Arresto Menor. I think that is six months and below,” Mr. Zubiri said. “Since may criminal aspect, dapat abogado naman po (Since there is already a criminal aspect, a lawyer should be placed) at the bare minimum.”

The other provisions the committee discussed are those on rehabilitation and development, the holding of a plebiscite, the Bangsamoro Transition Authority, amendments and revisions, and final provisions.

Mr. Zubiri also said the committee will take a final look at the Preamble, following debates on Tuesday among the House and Senate panels, the Moro Islamic Liberation Front (MILF) and the Bangsamoro Transition Commission (BTC).

“We’ll go back to the Preamble kasi pinagdebatehan namin kahapon (because we were debating on this yesterday). There (were) concerns (from the) BTC and MILF on the changing of the Preamble,” the senator said.

Mr. Fariñas said the Preamble should state “the Filipino People,” instead of “the Bangsamoro People,” which he said is not aligned with the 1987 Constitution. He argued that the people of the Philippines, in general, can order Congress to pass legislation. He then proposed that the preamble should read “the Filipino people, cognizant of the aspirations of the Bangsamoro people.”

The committee also had to assure stakeholders that last-minute amendments are not intended to diminish the ARMM.

“There was no agenda for diminishing the ARMM or diminishing the gains of the bicameral meetings we had last week. These were just correcting or cleaning up certain provisions…, to better stand the test of constitutionality,” Mr. Zubiri said.

Senate, House OK Bangsamoro Law

After more than a week of debates, the Senate and the House of Representatives finally came up last night with a consolidated version of the proposed Bangsamoro Basic Law (BBL) that lawmakers say will stand the test of constitutionality.

The approval came a year after the Bangsamoro Transition Commission (BTC), which drafted the BBL, submitted the measure to President Duterte, the Senate and the House.

The measure is now called the “Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao” – the name of the political entity that will replace the Autonomous Region in Muslim Mindanao.

President Duterte is expected to sign the consolidated bill into law in the afternoon of July 23 when he delivers his third State of the Nation Address (SONA).
“It’s a very emotional day for everyone. I’m just overwhelmed,” said Senate Majority Leader Juan Miguel Zubiri, co-chair of the bicameral conference committee on the BBL.

House Majority Leader Rodolfo Fariñas, who is co-chair of the panel, noted that the past two administrations failed to craft a basic law for the Bangsamoro.

He thanked the members of the BTC, chaired by Moro Islamic Liberation Front (MILF) vice chairman Ghazali Jaafar, for their support and patience.

“Your smiles wiped away our exhaustion,” Fariñas told Jaafar and other BTC members present. The BTC is composed of leaders of the MILF, Moro National Liberation Front (MNLF) and other representatives of various sectors in Mindanao.

 The bicameral committee held its final meeting yesterday at the Senate to go over the landmark document one last time after writing several amendments on contentious provisions on security, territory, wealth-sharing and governance, among others.

 ‘100% satisfied’
The BTC leadership is “100 percent satisfied” at how the bicameral conference committee resolved the issues on the BBL.
“We thank the bicam for respecting our concerns,” Jaafar said in a statement.

Among the concerns is the assurance that all laws that will be passed in the Bangsamoro parliament will be compliant with national laws.

Sen. Juan Miguel Zubiri said it was agreed during the caucus on Tuesday that there would be “one general provision within the context of the Constitution so that it wouldn’t have to be repeated that it is subject to national laws.”

Jaafar promised that when the Bangsamoro parliament creates laws, the measures would be in accordance with the Philippine Constitution.

The BTC also agrees that the organic law on the Bangsamoro should fully comply with the charter.

Fariñas reiterated that the plan is for both chambers of Congress to ratify their respective versions on the third regular session on July 23, the same day that President Duterte will deliver his SONA.

Senate Minority Leader Franklin Drilon said the approval of the BBL showed there is no need to revise the Constitution to shift to a federal form of government to achieve autonomy or self-governance for local government units (LGUs).

Drilon said the proposed BBL showed that empowering local governments can be done without having to amend the Constitution.

“The principle of self-government can be achieved without overhauling the Constitution or shifting to a federal form of government as evidenced in the BBL that we are set to pass within the week,” he added.

The senator said in crafting the BBL, it has been proven that it is entirely doable to give LGUs more powers, which are crucial in the exercise of their autonomy.

In the draft BBL, there are about 56 specific powers and responsibilities that are transferred and devolved to the Bangsamoro region, which will replace the current Autonomous Region in Muslim Mindanao.

Among these powers are fiscal autonomy, devolution of health, urban and land reform, administration of justice system, control over free ports and economic zones, the power for administrative reorganization, and creation of government-owned and controlled corporations.

“In the BBL, we have maximized the principle of decentralization enshrined in the Constitution and the local government code in order to guarantee its autonomy. The same can be done to all other regions in the country,” Drilon said.

Drilon noted that five percent of the taxes collected, estimated to be around P60 billion to P70 billion, will be automatically appropriated to the Bangsamoro region as block grant. That is on top of its share in the taxes collected within the region, which will also get its share from the Internal Revenue Allotment.

Federalism is giving more powers to the LGUs and less intervention from the national government. “We can achieve that goal by way of a legislation or by strengthening the Local Government Code of 1991, which is a better, faster and less controversial way than amending the Constitution,” Drilon said.

“Unless they have ulterior motives like a term extension or ‘no-el’ (no-election), I don’t see any reason why they would not attempt to explore that route rather than forcing Cha-cha (Charter change) upon the Filipino people,” he added.

AFP commits to support Bangsamoro
Meanwhile, Armed Forces of the Philippines (AFP) chief Gen. Carlito Galvez Jr. has reaffirmed the military’s commitment to the peaceful resolution of all conflicts and achievement of lasting peace and development in Bangsamoro.

He made the assurance as the AFP’s top brass met with the BTC on July 12 at Camp Aguinaldo.

 “The cooperation and solidarity among us is necessary now more than ever, as we are only a few steps closer to achieving the objectives of the transition process,” Galvez said in a statement yesterday.

 “I trust that we shall see better days ahead for our brothers and sisters in Mindanao,” he added.

Also present in last week’s meeting were AFP vice chief of staff Lt. Gen. Salvador Mison Jr., deputy chief of staff Vice Admiral Gaudencio Collado Jr., Western Mindanao Commander Lt. Gen. Arnel dela Vega, 1st Infantry Division Commander Maj. Gen. Roseller Murillo, 6th Infantry Division Commander Brig. Gen. Cirilio Sobejana, and the chiefs of the AFP’s Joint and Personal Staff.

Jaafar was joined by BTC commissioners Abdularaof Macacua, Ibrahim Ali, Haron Abas, Said Shiek, Hussein Muñoz, Melanio Ulama, Gafur Kainan, Ammal Solaiman, Dr. Susana Anayatin and Romeo Saliga.

Jaafar thanked the AFP and all the agencies involved for their collective effort in pushing for peace and development in Mindanao.  “We pray to Allah and to your God that they will finally give peace to us,” Jaafar said.  – With Michael Punongbayan


Read more at https://www.philstar.com/headlines/2018/07/19/1834880/senate-house-ok-bangsamoro-law#LaWXSMA6kJv1RRym.99