Wednesday, July 11, 2018

I won’t step down for Leni Robredo – Duterte

Robredo willing to lead opposition coalition

Hours after Vice President Leni Robredo openly accepted the role of leading a united opposition, President Duterte belittled her capability of governing the country.

“I will not resign because it will make her president. My resignation is addressed to the people so that they can choose the leader they want. I don’t think she will be ready to govern the country,” the President said in a speech at the Clark Freeport Zone in Pampanga yesterday.

“Reason? Incompetence – that she is not capable of running a country like this, the Philippines,” he added.

When pressed further, the Chief Executive clarified he was willing to cut short his term not for the Vice President to succeed him but to give the Filipino people a free hand to choose their next leader under a federal government.

 

 


Duterte also challenged Robredo to join him in resigning from their posts if the people approve in a referendum the shift from presidential to a federal form of government, after saying he is not interested in becoming a transition president.

Prior to this, Duterte urged Congress and the consultative committee (Concom) anew to put a provision in the draft charter that a new leader should be elected at the start of the transition, which he said could be done as early as 2019.

“Better still, I will invite them or her to resign with me. Not really to resign but agree to cease being president and vice president. And I am asking Congress and the (Concom), I do not have (agenda) on the president,” he said.

Duterte expressed belief that those who are criticizing him over his strict leadership style are the ones who want to prolong their stay in power.

“Believe me, those who say that ‘Duterte will be a dictator,’ they are the ones who will become a dictator. They have the ambitions. All they do is invent malice in their minds,” he said, before taking potshots at those who belong to the opposite side of the political fence.
During the press briefing, Duterte said he wanted to make clear his agenda to douse speculations that he wants to prolong his term and become a dictator.

“I said, if the transition government is approved, I am suggesting everybody, to Congress and the (Concom), if they wish to, they can amend and make a provision there that I will be co-terminus with the effectivity of the (new) constitution under a federal type,” he said.

“Once it is implemented… they can provide a provision that the Office of the President can be declared vacant but you have to call for an election. It cannot be a succession because I have no other agenda except that I would like the Filipino to choose a new leader specially that it is a new structure…,” he added.

Duterte is conscious that the Filipino people might want to tap a new leader under a new government.

“They might want to get an experienced official or person who would have the competence and enterprise to form a government structured for (a) federal type of government,” he said.

Duterte said he is merely making a suggestion, and that lawmakers can accept it or not.

But Speaker Pantaleon Alavarez said Congress cannot give in to the President’s wish to cut short his term as the highest official of the land in 2019.

Alvarez was quick to point out that the President cannot just do as he wished because there are things that he has committed and taken oath to as Chief Executive.

“Congress cannot do what the President wants. The President has a contract with the Filipino people that he has to be in office for six years and he cannot just step down as he wants to, even with the shift to the federal form of government.

Taking a stand
 “There were initiatives of different (opposition) groups to unite and they asked me if I can lead, I said yes, but the terms have to be discussed,” Robredo said yesterday at a press conference following her decision to lead the united opposition.

She said she had been vocal about her stance against Duterte’s policies such as the war on drugs, Charter change and the burial of the late dictator Ferdinand Marcos at the Libingan ng mga Bayani.

“I have always been vocal from day one, that’s the reason why I was removed from the Cabinet. Even when I was still a part of the Cabinet, if I felt that my voice was needed on various important issues, I took a stand against these,” she said.

Robredo resigned as chair of the Housing and Urban Development Coordinating Council in 2016 after Duterte barred her from attending Cabinet meetings.

Last week, Robredo said she met with representatives of several groups which staunchly oppose Duterte like Tindig Pilipinas, Akbayan, Magdalo and the Liberal Party, which she chairs.

It was during this meeting, she said, that they asked her if she could be the leader of the opposition. Robredo said she answered: “Of course, yes.”

The Vice President said there are many policies of the administration that she opposes.

“It started with our opposition against extrajudicial killings. Now, there’s this anti-loitering drive, which effect is similar to the anti-drug war, the condition of our economy and many more,” Robredo said.

“There is a proposal to look for the least common denominator – what is it that we would all agree on and we would have a strong voice,” Robredo said.

She said members of the opposition are also discussing the possibility of forming a united opposition slate for the May 2019 midterm elections.

“We haven’t decided yet whether we’ll have a full slate or just half, or just a few candidates, the discussions are still ongoing,” she said.

“We still need to thresh out a lot of things because those who will join the united opposition slate must adhere to the terms of unification,” she said.

No to transition leader
Yesterday, Robredo opposed Duterte’s proposal to elect a “younger” new leader to oversee the transition of the government into the proposed federal system.

“When we ran for public office we take the challenge to serve the people for six years. We cannot just stop in the middle of the game and say we don’t like anymore because we’re tired already. You cannot just give your mandate to anyone anytime you want,” Robredo said at the same press conference.

Presidential spokesman Harry Roque on Monday said Duterte wants the consultative committee (Concom) formed to propose amendments to the Constitution to come up with a provision stating that a transition leader should be elected.

Roque said the President would no longer want to have a role in the transition government because he was already “tired” and to dispel notions that he is using Charter change (Cha-cha) to remain in power.

Duterte has repeatedly said he is ready to step down once a federal government is established.

Meanwhile, Robredo reiterated her call on government leaders not to rush the proposed Cha-cha and address the more pressing issues faced everyday by Filipinos such as the unabated rise in the prices of basic goods.

“Charter change is not the answer to the price increase, it’s not the answer to poverty,” she said.

Robredo said while the Duterte government continues to pour in huge amounts of money for its federalism caravan, it failed to hear the voices of the people, who remain clueless on the implications of the proposed new system of government.

She said her constituents in Bicol told her that a federalism caravan of the Department of the Interior and Local Government was attended by some prospective senatorial candidates for the 2019 midterm elections.

“I have nothing against federalism but we need to help the people understand what it really means because it might just be used as a vehicle to advance private interest,” the Vice President said.

Protests set
Militant workers are preparing for a massive campaign against Cha-cha, which they claimed could pave the way for weakening of labor rights in the country.

Rene Magtubo, Partido ng Manggagawa (PM) chairman, said workers are deeply concerned over the proposed charter submitted by Concom.

“Aside from the loophole that allows for term extension for the sitting president, the draft charter dilutes the rights of workers guaranteed under the present Constitution. Instead of strengthening labor and human rights, they are degraded in the anemic language of the draft constitution,” Magtubo pointed out.

Magtubo claimed the committee dropped from the draft charter provisions on workers’ rights to collective bargaining, peaceful concerted action including strike, humane working conditions, participation in policy making processes and labor’s just share in the fruits of production.

“No wonder the phrase ‘The State shall afford full protection to labor’ in the present Constitution was lost in the draft. Even as we assert that the present Constitution can be vastly improved, we will not allow it to be degraded in the meantime,” Magtubo said.

Concom sorry
 Concom spokesman Ding Generoso told reporters yesterday afternoon they did not intend to omit provisions protecting the rights of workers and apologized to labor group Federation of Free Workers (FFW).

“We apologize for a mistake in the labor section on the social justice article of the Constitution,” Generoso said.

Generoso said there was no intent to change the provision but that they could have just mixed up some provisions from the labor sections of the proposed constitution to the Bill of Rights.

The Concom issued the apology after labor group FFW said in a statement that the new charter under a federal form of government is “anti-labor” and that they could not endorse such proposal.

In response, Generoso said the Concom members decided yesterday to “restore every word in the 1987 Constitution” as far as workers’ welfare is concerned.

He said the Concom has added two more subheads to the labor section, which deal with the protection of overseas Filipino workers and the promotion of employment opportunities for all.   –  With Helen Flores, Mayen Jaymalin, Robertzon Ramirez


Read more at https://www.philstar.com/headlines/2018/07/11/1832525/i-wont-step-down-leni-robredo-duterte#O7ZEkuLzjTDtEvS6.99

Goodbye to all that?

President Duterte has been shouting himself hoarse, insisting at every opportunity that he’s ready to step down as early as next year to pave the way for the shift to federalism.

He may have to shout a bit more, to drown out the noise of skeptics who think the administration and its allies are plotting a fast break, through the federal charter, for a presidential reelection and term extensions all around.

Duterte’s detractors note that he has promised to step down if someone would show him proof that God exists. This is not inconsistent with his avowed readiness to quit. But his critics point out that producing a selfie with God would take an eternity – which is how long Duterte actually wants to hold on to power.

While such observations are made chiefly in jest, inconsistent statements from certain officials and various players in the latest Charter change effort are reinforcing suspicions that federalism is in truth meant to keep Duterte in power beyond 2022.

*      *      *

Yesterday, for example, retired chief justice Reynato Puno, who chairs the consultative committee that drafted the federal charter, said the Concom, upon the President’s “special request,” would revise the transitory provisions and ban him from seeking reelection. But all other incumbent elective officials from Vice President Leni Robredo down can run again.

So what was that clarification by professor Julio Teehankee, given last Friday evening, that he “misspoke” and that Duterte actually could not run again under the federal charter?

Teehankee issued the clarification two nights after he told us on “The Chiefs” on Cignal TV’s One News channel that Duterte could run again after 2022 under the federal charter, and seek reelection in 2026, for a total of eight more years in power.

But because the clarification was made so belatedly, it fueled speculation that Teehankee had simply received a scolding for talking too much, and he was tasked to conduct damage control.
People also wondered how the person who chairs the Concom subcommittee on political matters, who brought a copy of the draft charter to The Chiefs, could make a mistake on such an important fundamental item tackled by his panel.

Puno did not issue any “clarification” on the issue. Yesterday, after the Concom had submitted the proposed charter to Duterte at Malacañang, Puno effectively confirmed that Teehankee got it right the first time. The reelection provision would be deleted from the transitory provisions, but only for this President, Puno said. So what was Teehankee’s clarification all about?

*      *      *

It hasn’t helped that Duterte has a history of changing his mind at the eleventh hour on major issues, including his running for president. If a reelection provision could be sneaked into a federal charter, would he run again?

Regardless of the honest answer to that question, senators – with the exception of a few Duterte diehards – appear bent on dropping Charter change at this time. It remains to be seen whether they can stop the super majority in the House of Representatives from rendering the Senate irrelevant and imposing joint voting on the federal charter.

The senators can then take their case to the people, who will have the final say on any attempt to tinker with the Constitution. At the rate questions are being raised regarding certain key proposals in the federal charter, Cha-cha might even succeed in unifying and strengthening the opposition.

Currently leaderless and weakened by corruption scandals imputed on the daang matuwid administration, a new opposition could emerge, presenting an alternative to both the current and previous political groupings.

Yesterday, Robredo, responding to a question, indicated she was ready to step up to the plate, becoming at last a leader of the opposition, and not just because of her membership in the now minority Liberal Party.

Robredo, however, has also blown hot and cold in this role. Leading the political opposition can be tricky for a vice president, who is the constitutional successor in case of the president’s incapacity or demise. Gloria Macapagal Arroyo when she was vice president also dutifully kept her mouth shut – at least in public – as corruption scandals doomed the presidency of Joseph Estrada, whom she served as social welfare and development secretary.

*      *      *

The qualifications of his constitutional successor GMA increased the temptation for Estrada’s ouster, either through impeachment or people power.

Duterte faces a similar situation with Robredo. Yesterday he said he would not step down just to make way for Robredo’s takeover. This contradicted his previous pronouncements that he was not threatened by the possibility that his vice president might take his place. Duterte has often said that Robredo could have his job any time, prompting her to remark yesterday that his mandate is not his to give away.

“I’m a great believer in God and destiny,” Duterte said yesterday. Of course anyone with his career trajectory has to believe in God and destiny.

He also seems to be a believer, like most politicians in this country, in surveys. And according to the second quarter survey of Social Weather Stations Inc. (SWS), his net satisfaction rating has dropped below 50 from “very good” to “good” for the first time.

Duterte’s ratings have been on a consistent slide, from the dizzyingly high 80s to 90s when he assumed office to the 65 percent satisfied and 20 percent dissatisfied, for a net rating of +45, in the SWS poll from June 27 to 30.

He suffered his steepest drop in densely populated, vote-rich Metro Manila, falling by 20 points from a net +54 in March to +34, or from 72 percent to just 59 percent satisfied, with the dissatisfied growing from 18 percent to 25.

This is bad news for prospective administration candidates as the midterm elections approach.

It also poses potential problems for Duterte’s push for federalism – already a tough sell even at the height of his popularity – and the other difficult measures that his administration is trying to shepherd through the legislative gauntlet and the court of public opinion, such as the Bangsamoro Basic Law.

His falling ratings may make it easier for Duterte to give up power. As his popularity slips, however, governance will also be tougher along with his reform agenda. Including Cha-cha and the shift to federalism.


Read more at https://www.philstar.com/opinion/2018/07/11/1832444/goodbye-all-that#aFzm3LlqQHRExqML.99

Malacañang proposes P3.757 trillion budget for 2019 Read more at https://www.philstar.com/business/2018/07/11/1832381/malacaang-proposes-p3757-trillion-budget-2019#IRe3zITL5cXO3ZTj.99

Malacañang has endorsed to Congress  the proposed P3.757-trillion national budget for next year.

Presidential spokesman Harry Roque Jr. said President Duterte approved the proposed budget presented by the Department of Budget and Management (DBM) during the Cabinet meeting Monday evening.

Under the proposed budget, the major allocations are P1.185 billion for personal services; P562.9 billion for maintenance expenditures; P752.7 billion for capital outlay; P640.6 billion allotment to local government units (LGUs); support to government-owned and controlled corporations (GOCCs), P187.1 billion; tax expenditures at P14.5 billion; and debt servicing, at P14.1 billion.

For 2019, the DBM said the government will implement the annual cash-based appropriations system projected at P3.468 trillion, which will focus on investments in infrastructure development and social services, consistent with the administration’s goal of making the Philippines attain upper middle income status and becoming a globally competitive economy by 2022.

Among the big ticket infrastructure projects under the Build Build Build program for 2019 are the P2.5-billion Metro Manila Flood Management Project Phase 1; P600-million LRT Line 1 North Extension (common station) and the P500-million Bonifacio Global City-Ortigas Center Road Link Project.

The government also eyes the construction of the North-South Railway Project Phase 3 (P58.2-billion); PNR North 2 (P39.9-billion); North –South Commuter Railway Project (P19.7-billion); Chico River Pump Irrigation (P2.2-billion) and the Arterial Road By-Pass Phase 3 (P2.2-billion);  New Cebu International Container Port (P1.9-billion); New Bohol (Panglao) International Airport (P754-million); Panay River Basin Integrated Development Project (P500-million); Mindanao Railway Project Phase 1 (P2.2-billion) Malitubog-Maridagao Irrigation Phase II (P 1.5-billion); Panguil Bay Bridge (P907-million) and Davao Airport (P 565-million).

Roque said the Cabinet also discussed the creation of the Department of Disaster Resilience, along with the second phase implementation of agrarian reform and the updates on the acquisition of the NovaSAR system.


Read more at https://www.philstar.com/business/2018/07/11/1832381/malacaang-proposes-p3757-trillion-budget-2019#IRe3zITL5cXO3ZTj.99

Tuesday, July 10, 2018

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I will not resign because it will make Robredo president: Duterte

President Rodrigo Duterte on Tuesday said he will not step down because it will make Vice President Leni Robredo the next president of the country.

“Look, I will not resign because it will make her president,” Duterte said an media interview after gracing the National MSME Summit 2018 at the ASEAN Convention Center in Clark Freeport Zone, Pampanga.

Duterte said he preferred to hold general elections to determine the transition leader, who will head the proposed shift to a federal system of government.

“My resignation is addressed to the people so that they can choose whoever they want,” Duterte said.

“I would like the Filipino to choose a new leader, specially if it is a new structure and I have been an official of the structure of type of government which, since time immemorial, (is) unitary,” he added.

He said people might want to elect an experienced individual who would have the competence or enterprise to form the federal type of government.

Duterte said his suggestion to the Consultative Committee (ConCom) and to Congress as well is to revise the transitory provisions of the ConCom-proposed federal Constitution to prove his critics wrong that he wanted to stay in power beyond 2022.

“They can amend and make it a provision there that I will be co-terminus with the effectivity of the federal Constitution. Once it is implemented, they can, I said, provide a provision there that the Office of the President shall be declared vacant but you have to call for an election,” Duterte said.

“I’m willing to step down, call for an election, get a new leader and go on with the transition. That’s really fine with me,” he added.

The President believes his critics are the ones who are hungry for power and wanted to be a dictator.

“They are the one who will become dictator. That’s what they want. They are doing nothing but to invent malice in their minds. Or better still I will invite them to resign with me. Or not really resign but to agree to being, not really dismissed but to cease from being president and vice president,” Duterte said.

When asked to comment on Robredo’s plan to unite and lead the opposition, Duterte said: “She? I don’t think she can ever be ready to govern a country. Reason? Incompetence. She’s not capable of running a country like (the) Philippines”. (PNA)

Shortened term still up to people, Duterte says

It's still up to Filipinos whether they would allow President Rodrigo Duterte to cut short his term to pave the way for a transition leadership under a new federal constitution, the Chief Executive said on Tuesday.

"It’s a suggestion. They are free to accept it or not, kung ayaw nila, ayaw ng tao eh hindi because I am elected to serve until 2022," Duterte told reporters in Clark, Pampanga on Tuesday.

Duterte wants the guidelines for the proposed shift from a unitary to federal form of government, to provide for an elected leader during the transition, contrary to the Consultative Committee original proposal that he lead a 10-member Federal Transition Commission.

The Con-com later proposed elections not only for a transition president but also for a transition vice president if the proposed federal constitution is ratified in a plebiscite before 2022.

This proposed provision will cut short the term of not only Duterte but also of Vice President Leni Robredo.

"I would rather not even [lead] during the transition, I would like to cease being President and somebody else take over. If they can call a presidential election, madali man lang yan, it’s a one day affair. One ballot. One name," Duterte said.

"At the start of the transition government, if it is already assembled and it’s not shaky, it’s working and the structure can be a platform for governance, eh di walang problema. By that time I should go," he added.

Presidential spokesperson Harry Roque said Duterte wanted “someone younger” to be elected by the people to serve as a transition leader until the proposed constitution takes effect in 2022.

He said that anyone who was qualified to run for the position of president could also seek the post of transition leader. —NB, GMA News

Bicam expected to finish 90 percent of final BBL draft on Tuesday night

The bicameral conference committee on the Bangsamoro Basic Law is expected to finish 90 percent of its work by the end of Tuesday night, panel chair Senator Juan Miguel Zubiri has said.

Zubiri told reporters that the committee had so far finished threshing out the issues in three of the six areas of concern in the proposed BBL.

These include the issues on taxation and other fiscal matters, public order and national security, and the composition of the Bangsamoro parliament.

"Less than 10 percent na lang [for tomorrow], pero yung most contentious, yung hindi namin ma-agreed upon today," he said.

Zubiri said the Senate and House panels had yet to reconcile the disagreeing provisions on territory and the plebiscite.

He said the issues boiled down to the inclusion of 39 barangays in North Cotabato and six municipalities in Lanao Del Norte to the Bangsamoro region, and the manner of the plebiscite.

"The fundamental difference of the two versions is, in the House version, it has to be majority vote of the province. In the Senate version, that is not necessary. It's just the majority vote of those municipalities," Zubiri said.

The proponents of the BBL version of the Bangsamoro Transition Commission (BTC), he said, are arguing that they will not have the chance to push for their proposals as regards territory if it is to be decided by a majority vote of the province.

Zubiri, however, cannot say that there will be a "win-win" solution for all parties when it comes to issues on the Bangsamoro territory.

"Merong uuwing luhaan," he said. "But we're making an appeal to the supporters of the Bangsamoro organic act there we're trying our best to pass a measure that is constitutionally-sound."

Peace and order

Zubiri said that the bicameral panel had decided to put the Bangsamoro police and armed forces under the direct command of the national Philippine National Police (PNP) and Armed Forces of the Philippines.

"There will be no other armed group or armed force in the region. We are going to treat this just like a province," he said.

"We have a provision here that the regional police force, the bangsamoro regional police force shall be headed by regional director who shall upon consultation with the chief minister be appointed in accordance with RA 6975," he added.

RA 6975 is the law that established the PNP.

Zubiri said senators were insisting on retaining the provision in the Senate version of the BBL proposal prohibiting the Bangsamoro parliament to procure firearms, considering that allowing it may have negative repercussions in the future.

"What if 30 years down the line, there’s a new brand of leadership that goes in the Bangsamoro and they radicalized and they want to do some foolishness and they will buy firearms tanks and airplanes with this fund?" Zubiri said.

"This law will not allow it. This provision will not allow that," he added.

Other provisions

Apart from these, Zubiri said lawmakers had retained the four major taxes that may be levied the Bangsamoro government, which are taxes on capital gains, documentary stamps, donor's tax and estate tax.

The rights of indigenous peoples are likewise retained in the BBL proposal, he said.

Moreover, the share of taxes of the Bangsamoro government with the national government will be 75 percent for the former and 25 percent for the latter, Zubiri said, adopting the version of the House.

Meanwhile, Zubiri said the panel would review the reported removal of the anti-dynasty provision in the BBL proposal.

"We will still go back to that. The problem kasi they feel that the political dynasty provision is only limited to some seats of the parliament," Zubiri said.

"So parang ang gusto ng BTC, why they are being discriminated in the anti-political dynasty when the whole country has no other political dynasty provisions. Bakit sila ang sini-single out?" he added.

Zubiri is expecting that the panel will come up with a clean and final version of the BBL proposal by Wednesday night.

Once the panel reconciles the varying provisions of the versions of the two chambers, the Senate and the House will separately ratify the measure on the opening of the Third Regular Session on July 23.

The final version of the measure will then be submitted to President Rodrigo Duterte for signing later that day, in time for his third State of the Nation Address. —NB, GMA News

HIGHLIGHTS: Inside the Con-com’s proposed federal charter

The Consultative Committee (Con-com) tasked by President Rodrigo Duterte to review the 1987 Constitution has crafted a 114-page proposal for a fundamental law of the land that would usher in a shift from a unitary to a federal form of government.

Within hours of Monday's formal turnover ceremony, Duterte approved the proposal for endorsement to Congress almost as a whole. The only change he reportedly wanted in the submission was a provision for a new elected leader during the country's envisioned, but still uncertain, transition to federalism.

He is "tired," his spokesperson Harry Roque Jr. said, and would want to step down before any transition takes place, in an attempt to "remove all suspicions" that changing government systems would enable him to prolong his original six-year term, due to end in 2022.

But those rules, expected to be revised, are contained in only one of the 22 proposed provisions of the 22-member Con-com. Here are some highlights from the rest of them, some similar to their counterparts in the 1987 Charter.

The full document of the Con-com's proposal, whose main pitch is the distribution of state powers historically concentrated in the national government, could be viewed here.

Preamble

Envisions a sovereign Filipino people building a "permanent and indissoluble nation," a reference to an anti-secession provision

Article 1, National Territory


  • The Philippines has sovereignty over its territory and even islands and features outside or archipelagic baselines "pursuant to the laws of the Federal Republic, the law of nations, and the judgments of competent international courts or tribunals" — a likely nod to the Permanent Court of Arbitration ruling in 2012 that invalidated China's massive claims to the South China Sea
  • Country has sovereign rights over maritime expanse beyond territorial sea to the extent reserved by international law, "as well as over its extended continental shelf, including the Philippine Rise."

Article 2, Declaration of Principles and State Policies


  • The Philippines as a democratic and republic state; renounces war as an instrument of national policy; civilian authority "at all times" supreme over the military's;  observance of rule of law; inviolable separation of church and state
  • The Philippines to pursue independent foreign policy; freedom from weapons of mass destruction in territory; steps against graft and corruption, etc

Article 3, Bill of Rights


  • Additional demandable rights: prohibition against unreasonable searches and seizure through technological, electronic, or any other means
  • Social and economic rights: adequate food, universal and comprehensive healthcare, complete, quality education, adequate and decent housing, livelihood and employment opportunities
  • Environmental and ecological rights: protection from and seek compensation for damage to environment and ecology caused by illegal and unsustainable natural resource exploitation

Article 4, Citizenship


  • Those with Filipino citizen parentage or naturalized in accordance with law are considered Filipino citizens
  • Dual allegiance of citizens "is inimical to the national interest and shall be dealt with by law"

Article 5, Suffrage and Political Rights


  • On political parties: All parties need to be registered with Federal Commission on Elections with required submissions;
  • Religious sects and political parties which seek to achieve goals through "violence or unlawful means" or are supported by any foreigner or foreign government won't be registered
  • Financial contributions from foreigners, foreign governments given to political parties and affiliated organizations "constitute interference in national affairs" and is an added ground for registration cancellation
  • Political parties to provide "as far as practicable" for "equal representation of women candidates" in every election
  • Campaign financial contributions from religious groups, foreigners, foreign governments and illegal sources are prohibited
  • Democracy fund: repository of campaign funds
  • Political party members banned from switching parties within their term of office; candidates or political party officials prohibited from switching parties two years after election and two years before next
  • Ban on political dynasties — No persons related to incumbent elective official within second civil degree of consanguinity or affinity can run for same position in the immediately following polls

Article 6, People's Initiative, Plebiscite, and Referendum


  • Power of the sovereign people to directly propose amendments or revisions of the Constitution and propose, enact amend or repeal laws, acts, ordinances or resolutions passed by any legislative body

Article 7, Legislative Department


  • At least one senator
  • Up to 400 members of the House of Representatives — 60 percent to be elected from legislative electoral districts; 40 percent proportional representation (half of 40 percent to come from labor, peasant, urban poor, indigenous peoples, and fisherfolk groups in the three elections following Constitution's ratification)
  • Six-year terms (for senator), three-year terms (for representatives), more than two consecutive terms

Article 8, Executive Department


  • President, vice president to be elected
  • Vice president shall be appointed, without need for confirmation, as Cabinet member
  • Six-year term, one-reelection
  • Grounds for declaration of martial law: "invasion, rebellion, or lawless violence, when the public safety requires it"

Article 9, Judicial Department


  • Judicial power to be vested in Federal Supreme Court, Federal Constitutional Court, Federal Administrative Court, Federal Electoral Court
  • The current Judicial and Bar Council to be renamed to Judicial Appointments and Disciplinary Council and vested investigative powers over disciplinary cases against judiciary officials, members and employees

Article 10, Constitutional Commissions


  • Federal Civil Service Commission, Federal Commission on Elections, Federal Commission on Audit, Federal Commission on Human Rights, Federal Ombudsman Commission, Federal Competition Commission

Article 11, Federated Regions, the Bangsamoro, and the Federated Region of the Cordilleras


  • There will be 16 federated regions (these are the constituent political units of an imagined federal republic) + the Bangsamoro and the Federated Region of the Cordilleras
  • Prohibition against advocacy, demand, and support for secession from the federal republic
  • Each federated region to have regional legislature, executive, and judiciary branches of government

Article 12, Distribution of Powers of the Government


  • Federal government to have exclusive power over defense, foreign affairs, international trade, customs and tariffs, elections, law and order, federal crimes and justice system, etc
  • Federated region to have exclusive power over its own socio-economic development planning, creation of sources of revenue, financial administration and management, tourism, etc.

Article 13, Fiscal Powers and Financial Administration


  • Delineation of taxing powers of federal government and federated regions
  • No double taxation to be allowed
  • Federated regions to be given a share of not less than 50 percent of all collected income, excise and value added taxes and customs duties of the federal government, to be divided among them "equally" for automatic release
  • Federal Intergovernmental Commission to administer Equalization Fund and assist federated regions in need in order to attain economic viability and sustainability

Article 14, Accountability of Public Officers


  • Impeachment of president, vice president, members of the three high courts and the Federal Electoral Court, and members of the Constitutional Commissions to be both a political and judicial process, meaning an impeachment committee would be formed in Congress, but the articles of impeachment, if any, would be filed before the Federal Constitutional or Administrative Court.


Article  15, National Economy and Patrimony


  • Equitable distribution of opportunities, income, and wealth
  • Private corporations whose shares of stocks are owned or controlled at least 60 percent by Filipinos may lease up to 1,000 hectares of alienable lands of the public domain for only up to 25 years, renewable for another 25.
  • Exploration, development and utilization of natural resources to be a shared power of federal and regional governments
  • Marine wealth of the Philippines which lies in its archipelagic waters, territorial sea and exclusive economic zone "is reserved exclusively to Filipino citizens."

Article 16, Social Justice


  • No person to be denied employment by reason of age, gender, political or religious belief, ethnicity, status, physical appearance or disability, and other conditions that amount to discrimination
  • Qualified Filipino citizens to be given employment preferences in all industries
  • Agrarian reform — state to encourage and undertake the "just distribution of all agricultural lands" subject to reasonable limits prescribed by Congress
  • Continuing program for urban land reform and housing
  • Integrated and comprehensive approach to health development and availability of universal health care
  • Protection of working women through provision of safe, healthful working conditions, considering maternal functions
  • Respect for the role of independent people's organizations

Article 17, Education, Science and Technology, Arts, Culture and Sports


  • Protection and promotion of all citizens' right to quality education at all levels, take appropriate steps to make education "accessible to all"
  • All educational institutions required to teach the Federal Constitution, Philippine history and culture
  • National language: Filipino; Official languages: Filipino, and until otherwise provided by law, English; regional languages to serve as auxiliary media of instruction

Article 18, The Family


  • No reference to same-sex marriages or same-sex civil unions, only provides for the republic's defense of spouses' right to found a family in accordance with religious convictions, demands of responsible parenthood, rights of children, the family, etc.

Article 19, National Security and Public Order


  • Tour of duty of Chief of Staff of the Armed Forces, Chief of the Philippine Federal  Police, and the Commandant of the Philippine Coast Guard: No less than two years and no more than three years from time of appointment, "unless sooner removed by the president for loss of trust and confidence"
  • In the event of a cyberattack that "clearly endangers the security of the Federal Republic," president to take "all necessary actions to repel and quell the attack"

Article 20, General Provisions


  • "In case any region fails to comply with its obligation, as provided for in the Constitution, which seriously undermines the sovereignty, territorial integrity, economy, or the unity of the Federal Republic, the President may intervene and take all measures necessary and proper to address the failure;" then the president would report to Congress, which may in turn authorize him or her to "take further actions until the crisis is resolved."

Article 21, Amendments or Revision


  • Amendments or revisions of Constitution may be proposed by people's initiative, the Federal Congress upon a vote of a third of all its members "voting separately," or a constitutional convention;
  • "The democratic and republican character of the government, its federal structure, its indissolubility and permanence shall not be subject to amendments or revisions."
  • No amendment or revision to the Constitution to be allowed within five years of its ratification. After that, no change will be allowed within five years from the plebiscite to amend or revise it.


Article 22, Transitory Provisions (subject to review and revision in accordance with Duterte's instructions)


  • President to head a Federal Transition Commission, a 10-member body of experts in economy, law, fiscal management, governance or development
  • All living past presidents may be consulted by this proposed commission
  • The transition commission will be tasked to formulate, adopt, and execute a transition plan for the "orderly shift to the new system of government."
  • It is proposed to have the power and duty to "exercise all powers necessary and proper to ensure a smooth, speedy, and successful transition."
  • "The term of the President and Vice President, which shall end on June 30, 2022, shall not be extended."

Nationwide Round-Up

VP Robredo ready to head united opposition groups in 2019 polls

REUTERS
VICE PRESIDENT Maria Leonor “Leni” G. Robredo on Tuesday said she is ready to take on the role as the leader of opposition groups planning to unite ahead of the 2019 midterm elections. At a press briefing in Quezon City, Ms. Robredo, the opposition Liberal Party’s chairman, said she has been standing as an opposition leader, citing the instances where she voiced her statements against the policies of the Duterte administration. This time, she said, she wants to be the voice of the opposition groups united in dissent. “There are many groups that have the same beliefs. There are many groups voicing the same opinions against an issue. But because of the lack of discussion at one another, the voices are not united. And that is the role I want to take: to ensure that those voices are united so it would be listened to, to ensure that the message is understood clearly, and to urge those who believe the same sentiments to unite with us,” she said. — Camille A. Aguinaldo

List of experts to study Dengvaxia cases submitted to Palace

THE LIST of experts recommended to study the Dengvaxia cases in the Philippines has been submitted to the Office of the President, Presidential Spokesperson Harry L. Roque, Jr. said on Tuesday, July 10. Mr. Roque could not reveal the names of the experts yet, but he said there are four, one each from Vietnam, Thailand, Singapore, and Sri Lanka. Mr. Roque also said that Health Secretary Francisco T. Duque III reported the development during the Cabinet meeting last Monday. President Rodrigo R. Duterte is expected to choose three from the list. The spokesperson, speaking in Filipino at a press briefing in Indang, Cavite, also assured that the government has the budget to invite the experts who will study the “real effect of Dengvaxia.” — Arjay L. Balinbin

OSG defends decision to drop Comelec in voting threshold case

THE OFFICE of the Solicitor General (OSG) has defended its decision to not represent the Commission on Elections (Comelec) before the Presidential Electoral Tribunal (PET) in Vice President Maria Leonor “Leni” G. Robredo’s motion to uphold a 25% voting threshold in her ongoing election recount against losing candidate Ferdinand “Bongbong” R. Marcos, Jr. Solicitor-General Jose C. Calida, in a manifestation submitted on Friday, dropped the Comelec as its client and urged the PET to uphold its earlier April 10 resolution to impose a 50% threshold as there “is no basis to impose a 25% threshold in determining whether a vote is valid.” He added that “the Comelec has no jurisdiction over vice-presidential election contests.” Mr. Calida also asked the PET to give the Comelec 10 days to submits its comment on Ms. Robredo’s petition. Responding to criticism of the agency’s decision, the OSG said in a statement released on Tuesday that “it is the Solicitor-General’s duty to present to the Presidential Electoral Tribunal the position he perceives to be in the best interest of the Republic, notwithstanding the stance of his client, specifically the Comelec, on the issue.” The OSG cited the Supreme Court’s ruling in Pimentel vs. Comelec which ruled, “the Solicitor-General may, as it has in instances, take a position adverse and contrary to that of the Government on the reasoning that it is incumbent upon him to present to the court what he considers would legally uphold the best interest of the government although it may run counter to a client’s position.” Ms. Robredo’s camp was sought for comment but did not respond as of writing. — Dane Angelo M. Enerio

Hazard pay, additional insurance coverage for journalists sought

Journalists and other media practitioners covering conflict and disaster areas should be given insurance coverage and hazard pay, according to a bill filed by Senator Leila de Lima.

De Lima, chair of the Committee on Social Justice, Welfare and Rural Development, filed a measure mandating additional insurance benefits for journalists, including for disability, health and hospitalization.

Journalism and news reporting is a "dangerous profession," and it is "imperative" that the people involved be given these benefits, said De Lima.

"Journalists face the problem of contractual labor, with no job security and no law-mandated benefits… they often do double jobs and work double time for their media company. These pose harm to their physical well-being," she said in a statement released on Monday.

Under her proposal, journalists are to be given disability benefits of P350,000 if they will suffer total or partial disability sustained during performance of duty; death benefits of P300,000 if they die in the line of duty, and; reimbursement of actual medical costs up to P200,000 if they are to be hospitalized or shall require medical attendance for injuries sustained while in the performance of duty.

This is on top of the current insurance benefits provided to regular employees of media outfits.

De Lima also suggested that the Social Security System and the Government Service Insurance System create and offer a special insurance program for freelance journalists.

Persons deployed in "difficult, strife-torn and embattled areas," among others, should be also be given a hazard pay equivalent to at least 25 percent of their gross monthly salary for the duration of such deployment. This will not be subjected to tax, according to the measure.

De Lima cited media reports that at least 9 journalists were killed under the Duterte administration.

The report by the Philippine Center for Investigative Journalism (PCIJ), Center for Media Freedom and Responsibility (CMFR), National Union of Journalists of the Philippines (NUJP) and the Philippine Press Institute (PPI) also mentioned 16 libel cases, 14 cases of online harassment, 11 death threats, 6 slay attempts, 6 cases of harassment, 5 cases of intimidation, 4 cases of website attack, revoked registration or denied franchise renewal, verbal abuse, strafing, and police surveillance of journalists and media agencies.

http://news.abs-cbn.com/news/07/09/18/hazard-pay-additional-insurance-coverage-for-journalists-sought

PH movies make waves at New York Asian filmfest

Six Filipino films are competing in the 17th New York Asian Film Festival (NYAFF), and these are twice as many Filipino features than last year.

The six Filipino films this time are “BuyBust” directed by Erik Matti, “Neomanila”(Mikhail Red), “On The Job” (Erik Matti), “Respeto” (Treb Monteras II), “Sid & Aya (Not A Love Story)” (Irene Villamor), and “We Will Not Die Tonight” (Richard Somes).

“Neomanila,” “On The Job” and “Respeto” have already earned nominations, and received accolades from prominent award-giving bodies in the Philippines. “BuyBust,” an action-thriller will make its world premiere at NYFF, along with “We Will Not Die Tonight.”

Representatives of the Filipino films will be supported by the FDCP’s International Film Festival Assistance Program (IFFAP), including Gawad Urian Best Actor Abra of “Respeto,” producer Dondon Monteverde, and directors Somes, Monteras II and Matti.

“All around the world, Filipino films continue to compete and be recognized by the most prestigious of film festivals and we are proud that NYAFF is doing its part in introducing Filipino Films – genre Filipino films especially – to the North American audience. We hope that this is the first step for more of our films to be recognized and distributed in that side of the world,” said FDCP Chairperson and CEO Liza Diño.

The 2018 NYAFF runs till July 15.

• • •

Ruru on ‘The Cure’

Ruru Madrid is the latest addition to the cast of the GMA series “The Cure.” He joins former “Encantandia”co-star Kylie Padilla who plays Adira.

According to the actor, he’s delighted to be working again with Kylie especially in action scenes. He certainly will enjoy doing the action scenes since it has been his dream to be an action star.

So what will be his role in the life of Adira and Charity (Jennylyn Mercado) and Greg (Tom Rodriguez)? Watch out for it.

• • •

Tidbits: Happy b-day greetings today, July 10, go to Rep. Evelio Leonardia, Marco Sison, Princess Revilla, Linda Dizon, Armand Brawn Jr., Philip Nazareno, Alex Timbol, Sally Ancheta, Millie Gurfinkel, Bert Agliam, Senedy Que, Vince Bersola and Wilma DoesntJuly 11: Sylvia Gala, Baby Monroy, Robert Roque, Eliseo Aurelio Jr., Charmaine Gail Pagente, Meynard Penalosa, Oliver Teves, Bex Vinaviles, Hannah Flores, Herminio Agunias, Editha Nacion, and Mercy Lejarde

Monday, July 9, 2018

Bicam drops anti-dynasty provision in Bangsamoro bill

(UPDATED) The Bangsamoro Transition Commission, some members of which belong to political families, has strongly opposed the ban on dynasties, saying it is a 'clear violation' of a person's right to vote and be voted

ANTI-DYNASTY. The bicameral conference committee deletes the anti-dynasty provision in the proposed Bangsamoro Basic Law. Photo from OPAPP
(UPDATED) – The joint panel finalizing the proposed Bangsamoro Basic Law has deleted the measure's anti-dynasty provision.

Senate Minority Leader Franklin Drilon and 3 other members of the bicameral conference committee confirmed this to Rappler on Monday, July 9, during the first day of closed-door deliberations.

The contingent of the bicam initially discussed the deletion without Drilon, who pushed for it during the Senate discussions. Members, however, decided to wait for Drilon before finalizing the removal.

Drilon later on arrived and reportedly did not oppose the majority’s decision, supposedly saying he would not defend the provision in the Senate bill, as it is “absolutely nothing” and lacks teeth. There is no counterpart line in House Bill 6475. (READ: Experts suggest compromise for Congress: Regulate, not ban, dynasties)

In a separate text message, Drilon said he did not argue for the adoption as a sign of protest and because the provision is "useless."

"The adoption of the supposed anti-dynasty provision in the Senate version was strongly opposed by some members of the panel. As a form of protest, I did not argue and push for its adoption anymore because the provision, as crafted, is useless. It is a much weaker provision than that provided in the SK law," Drilon said in a text message, referring to the Sangguniang Kabataan law.

"Such provision will not really curb dynastic behaviors. In fact, it is a hypocritical provision, toothless to address the ill effects of dynasties. We might as well do away with it. What we need is a strong regulation of dynasties applicable to all public officers. I already signed a committee report regulating it," Drilon added.

Section 15 of Senate Bill 1717 states that “no Party Representative should be related within the second (2nd) civil degree of consanguinity or affinity to a District Representative or another Party Representative in the same Parliament.”

The Bangsamoro Transition Commission (BTC), some members of which belong to political families, has strongly opposed it.

In a previous Senate hearing, members of the BTC opposed the inclusion, saying it is another “experiment” in the region. They said it is a “clear violation of equal protection clause” or the right of every person to vote and be voted.

They questioned why it would only be implemented in the Bangsamoro when it is mandated in the 1987 Constitution.

Politicians, not constituents, want dynasties

But Ateneo School of Government Dean Ronald Mendoza had said there is a need for an anti-dynasty provision in the draft BBL or else the Bangsamoro state would be another failure just like the Autonomous Region in Muslim Mindanao, which it seeks to replace.

Citing data, Mendoza earlier said 3 of the 5 poorest provinces in the country come from ARMM, and they have a high share of “fat dynasties” or political families whose members are in several elective positions all at the same time. These are Lanao del Sur, Maguindanao, and Sulu.


Mendoza said the opposition to a dynasty ban does not come from the public but from politicians that would be directly affected.

“The people there can no longer challenge leaders because they have captured everything. Your education, healthcare, job – they're leaving everything up to traditional politics, political clans. So the people would not speak out and say they are against fat dynasty. We cannot expect them to fight. We must fight for them,” he said in mix of English and Filipino during a Senate hearing in February.

It is not the first time that such a provision would be introduced in a law, however. Republic Act 10742, or the Sangguniang Kabataan reform law, prohibits relatives of government officials up to the second degree of consanguinity or affinity from running for the youth councils.

Bicam removes ‘anti-dynasty’ provision in BBL proposal

The bicameral conference committee has removed the "anti-dynasty" provision in the final version of the proposed Bangsamoro Basic Law (BBL).

Two members of the panel — Senate Minority Leader Franklin Drilon and Senator Francis Escudero — confirmed the development on Monday, the first day of the bicameral conference committee meeting for the BBL proposal.

The anti-dynasty provision was stated in Article VII, Section 15 of Senate Bill 1717, the upper chamber's version of the BBL proposal.

It reads: "No Party Representative should be related within the second civil degree of consanguinity or affinity to a District Representative or another Party Representative in the same Parliament."

The House's version of the bill, however, has no such provision.

In a text message to reporters, Drilon said the adoption of the said provision in the Senate's bill was "strongly opposed" by some members.

He, however, did not argue and pushed for its adoption as a form of "protest," believing that it is "useless."

"It is a much weaker provision than that provided in the SK (Sangguniang Kabataan) Law. Such provision will not really curb dynastic behaviors," Drilon said.

"In fact, it is a hypocritical provision, toothless to address the ill effects of dynasties. We might as well do away with it," he said.

For his part, Escudero said the provision only applies to party-list representatives and not to other members of parliament or other officials of the Bangsamoro.

"It is, therefore, selective, discriminatory and ineffective per the bicam," he added.

Instead of an anti-policy provision, Drilon suggested for a strong regulation of political dynasties that is applicable to all public officials.

"I already signed a committee report regulating it," he said.

Once the bicameral conference committee reconciles the varying provisions of the versions of the two chambers, the Senate and the House will separately ratify the measure on the opening of the Third Regular Session on July 23.

The final version of the measure will then be submitted to President Rodrigo Duterte for signing later that day, in time for his third State of the Nation Address.

Duterte to sign Bangsamoro bill into law during SONA, Congress leaders say

THE proposed Bangsamoro Basic law (BBL) — a measure that abolishes the existing Autonomous Region in Muslim Mindanao (ARMM) and replaces it with Bangsamoro Region – is constitutional and will be signed into law by President Rodrigo Duterte during his third State of the Nation Address (Sona) on July 23, members of Congress said on Monday.

Senate Majority Leader Juan Miguel Zubiri and Majority Leader Rodolfo Fariñas of Ilocos Norte at the House of Representatives made the announcement on the first day of discussions of the bicameral conference committee on the BBL.

“In performing our duties, we should be guided with constitutionality. The Constitution is the supreme law of the land [and]sets both the latitude and delimitations of what we can incorporate in the BBL,” Zubiri said in his opening statement.

“We have to be guided by the Constitution because anything we do here will surely be questioned,” Fariñas said.

The proposed BBL provides that a duly-elected Bangsamoro Parliament will govern the Bangsamoro Region.

Under the 1987 Constitution, autonomous regions should be created in Muslim Mindanao and in the Cordilleras “consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines.”

Likewise, the 1987 Charter provides that the President will maintain general supervision over autonomous regions “to ensure that laws are faithfully executed”.

Fariñas called on his colleagues to pass the BBL in time for President Dutere’s third SONA.

“If we can come up with an acceptable version for both panels, we will present this to our respective chambers for ratification when we resume our Third Regular Session on July 23 so that the President can sign it into law in the afternoon of the same day,” Fariñas said. LLANESCA T. PANTI

Zubiri admits impediments in Congress on BBL proposal

By Vanne Elaine Terrazola

Senate Majority Floor Leader Juan Miguel Zubiri has admitted that there are certain impediments on the Congress’ discussion of the proposed Bangsamoro Basic Law (BBL).

He said this as the Congress bicameral conference committee started deliberating on the conflicting provisions of the Senate and House versions of the proposed BBL Monday.

In an interview at the sidelines of the closed-door bicam meeting in a Pasig hotel, Zubiri, chair of the Senate panel, said they are setting aside controversial provisions in the meantime to be able to finish the priority measure within the week so that President Duterte can sign it into law on July 23.

As of Monday afternoon, the bicam has finished discussing three articles of the Senate Bill No. 1717 and House Bill No. 6475, according to Zubiri.

The senator said they are looking to finish the bicam meeting on Wednesday.

Controversial provision

Zubiri said they deferred discussion on the territories of the proposed Bangsamoro Autonomous Region as concerns were raised over the differing provisions of the two chamber’s bills.

The Senate majority leader said members of the House bicameral panel warned that the Upper Chamber’s proposal to include the 39 barangays (villages) of North Cotabato and six municipalities of Lanao del Norte in the proposed Bangsamoro territory would be “unconstitutional.”

SB 1717 added the North Cotabato villages and Lanao del Norte municipalities in the proposed Bangsamoro region without the permission, through a plebiscite, of their mother province. HB 6475 did not have such a provision.

The Bangsamoro Transition Commission (BTC) which submitted the draft BBL is supposedly favoring the House’s provision over the Senate’s in the subject. Zubiri, however, said the Senate contingent can defend its constitutionality.

Aside from the core territories of the proposed Bangsamoro Autonomous Region, the two Congress houses would also have to debate on their differences in their proposed territorial waters.

Power-sharing

Zubiri said the Senate panel will stick to its guns on clearly defining the powers of the proposed Bangsamoro government.

“We should only be discussing powers granted to the Bangsamoro government. Because in the ARMM (Autonomous Region of Muslim Mindanao) law, Republic Act 9054, it is also very clear [the] powers of the ARMM government. The powers of the national government are not defined there,” Zubiri said.

The House of Representatives approved the BTC proposal defining the reserved powers of the national government, the exclusive powers of the Bangsamoro government, and the concurrent powers of the two governments. The Senate removed such provisions in their approved bill.

“Our lawyers in the [Senate] panel feel that we should not define clearly the powers of national government because there would be confusion. Does that mean that what is not there can be interpreted as allowed to be done by the ARMM government? That would be difficult. Under our Constitution, powers that are not defined there is reserved to central government,” Zubiri explained.

He added that defining powers of the government “would also pose a constitutional challenge.”

Zubiri, on the other hand, assured the BTC that it can propose additional powers for the Bangsamoro government especially if these were granted already by the RA 9054.

Tax-sharing, block grant

While lawmakers disagreed on certain provisions, Zubiri reported that they are united in maintaining the contents of the ARMM law.

Zubiri said they agreed in a caucus before the bicameral meeting that they will retain the provisions of the RA 9054 in the proposed BBL so that it would not be “diminished” from the current ARMM.

Particularly, they will restore the 75-25 percent sharing between the Bangsamoro government and central government on the taxes collected from the Bangsamoro Autonomous Region.

Senators approved a 50-50 sharing, while the House granted the BTC proposal of a 75-25 sharing.

“We should not diminish in any effect provisions of the ARMM law. These are already clearly indicated in the original ARMM law and we’re willing to restore in this version,” Zubiri said.

“We will accept the House version. The Senate panel will tend to accept the House version,” Zubiri said.

Apart from the wealth-sharing, Zubiri said the bicam has allowed the unconditional release of the block grant for the Bangsamoro region.

While the two houses agreed on a five-percent annual block grant, the Senate proposed a qualification on the block grant stating that when the national government incurs an unmanageable public sector deficit, the President of the Philippines is authorized, upon the recommendation of the Department of Finance and Department of Budget and Management, to adjust or suspend the block grant. The House version did not contain such a condition.

The BTC, Zubiri said, wanted to remove the conditions.

“We agreed that we should not impede the release of the block grant. Because there have been certain amendments that state that the block grant is subject to review and therefore before it is automatically appropriated it is reviewed. The problem there is, who reviews? If COA (Commission on Audit) reviews, we all know that COA takes several years before they actually come up with a finding. So, this wil actually impede the release of the block grant,” Zubiri said.

Zubiri assured to maintain the accountability and transparency measures in the proposed BBL.

BBL bicam to OK 75-25 Bangsamoro, central gov’t wealth sharing

Senate Majority Leader Miguel Zubiri says the Bangsamoro Transition Commission has disagreed with the Senate proposal to decrease the current wealth-sharing terms to 50-50

BICAM. Senate Majority Leader Miguel Zubiri (R) and Senate Minority Leader Franklin Drilon (L) during the bicam meeting on the BBL on July 9, 2018. Photo courtesy of OPAPP
Lawmakers are expected to increase the share in government tax revenues of the Bangsamoro region by 5% under the proposed Bangsamoro Basic Law (BBL).

This was disclosed by bicameral conference committee chairperson and Senate Majority Leader Miguel Zubiri to reporters around two hours after their meeting on the BBL started on Monday, July 9. (READ: Final version of BBL must pass ‘test of constitutionality,’ say bicam members)

Currently, the Autonomous Region in Muslim Mindanao (ARMM) – which the new and more powerful Bangsamoro region will replace under the BBL – gets 70% of the collections of a province or city from national internal revenue, fees, and charges as well as taxes imposed on natural resources. Under Republic Act 9054 or the ARMM Law, the remaining 30% goes to the national government.

But the Senate version of the proposed BBL decreased this wealth-sharing terms to 50-50, while the House modified it to 75-25.

Zubiri said the Bangsamoro Transition Commission (BTC) disagreed with the Senate proposal because this would mean the Bangsamoro would receive less funds compared to the ARMM. (READ: Final version of BBL holds fate of Mindanao peace process)

“We'll accept the House version. The House version is 75-25. The Senate panel will tend to accept the House version,” said Zubiri.

The senator said the bicam has so far agreed the proposed BBL must “retain and enhance” the rights and benefits currently being granted to residents of the ARMM.

“We've reached consensus that whatever was in the ARMM Law, Republic Act 9054, we will retain and hopefully enhance. So, in other words, we do not want an ARMM minus. What we want is an ARMM plus,” said Zubiri.

Apart from the modified wealth-sharing terms, the bicam is also set to retain the territorial waters and in-land bodies of water that are already part of the region under RA 9054.

Zubiri said senators had agreed to remove a provision in the Senate version that would impede the release of the 5% block grant to the Bangsamoro region.

“What we want to happen here is continue the accountability and transparency measures that we've placed but without the stumbling blocks to the automatic release of the block grant,” said Zubiri.

BTC chairperson and Moro Islamic Liberation vice chairperson Front Ghazali Jaafar said they would only accept a version of the BBL that will not reduce any of the benefits the ARMM already enjoys.

“I don’t think people in the ground can accept at this point in time a BBL that is watered down,” he said.

Bicameral version of BBL likely to pass constitutional scrutiny

By Ben Rosario

Leaders of the bicameral conference committee on the proposed Bangsamoro Basic Law are confident that President Rodrigo Duterte will sign during his upcoming State of the Nation Address a law that will pass constitutional scrutiny.

This developed as Bangsamoro Transition Commission Chairman Ghazali B. Jaafar warned Monday that a watered down version of the proposed law should be expected to be rejected when it is presented to voters during a plebiscite.

Members of the Senate and House of Representatives sing the Philippine National Anthem during the bicameral conference for the Bangsamoro Basic Law (BBL) at Crowne Plaza Manila Galleria, July 9, 2018. (Mark Balmores / MANILA BULLETIN)
Jaafar stated that a watered down “BBL” is a law that falls short of what the law creating the Autonomous Region in Muslim Mindanao already provides.

House Majority Leader and Ilocos Norte Rep. Rodolfo Farinas, head of the House contingent, said the bicameral panel will have to be “guided by the Constitution” as it refines the House and Senate version of the measure.

On the other hand, Senate Majority Leader Juan Miguel Zubiri aired confidence that the bill will pass a Supreme Court review on constitutionality.
.
Of the 18 conferees sent to the bicameral panel, only six represent non-Mindanao congressional districts. They are Senior Deputy Majority Leader and Pampanga Rep. Rimpy Bondoc; Deputy Majority Leader and Iloilo Rep. Arthur Defensor Jr., Asst. Minority Leader and ABS Partylist Rep. Eugene Michael De Vera; Reps. Rodolfo Albano (NPC, Isabela); Romeo Acop (NP, Antipolo City) and Farinas.

The Senate sent a ten-man team headed by Zubiri.

“Hopefully, the agreement is if we come up and do away all the disagreements provisions and doubtful versions acceptable to both panels… we will present it to our chambers for ratification when we open the third regular session on July 23,” said Fariñas.

The House official said that if both houses of Congress agreed and ratified the version that will be decided during the bicam, they will submit it to President Duterte on the afternoon of that same day when the chief executive delivers his third SONA.

He noted that the BBL version of the House conformed with the proposals of the BTC and are constitutional.

“We have to be guided by the Constitution. We will have to ensure anything that we do here will be compliant with the Constitution,” said Farinas.

He said that the final version of the BBL should “past the test of constitutionality” since some groups will surely question the proposed measure before the Supreme Court (SC) once Duterte signs it into law.

As of press time Monday, the bicameral panel already reached an agreement on the first four provisions that included the Preamble and the territory, according to Lanao del Sur Rep. Mauyag Papandayan Jr., chairman of the House Committee on Muslim Affairs.

In an interview, Jaafar said a watered down version of the measure is what Mindanao Muslims want Congress to avoid.

Jaafar, vice chairman of the Moro Islamic Liberation Front, said a rejection of the law when presented for ratification should be expected if the measure fails to satisfy the expectations of an enhanced ARMM law version.

He disclosed that the MILF already has “several options” to pursue should the BLL fail.

“There are several options but I cannot say as of today what option to use. I can categorically assure you the best way to resolve the issue is through peace process, which is most civilized move,” Jaafar said. (Ben R. Rosario)

Senate, House meet to iron out proposed BBL

Members of the Senate and the House of Representatives on Monday began joint deliberations to iron out the differences in their respective versions of the proposed Bangsamoro Basic Law.

Heading the panels for the bicameral conference committee were Senator Juan Miguel ""Migz" Zubiri and Ilocos Norte Rep. Rodolfo Fariñas, both majority leaders for each chamber.

Both lawmakers emphasized that they have to be guided by the Constitution in addressing contentious provisions of the proposed law creating the Bangsamoro political entity.

"The constitution, being the supreme law of the land, sets both the latitude and the delimitations of what we can incorporate in this basic law," said Zubiri.

"It is our task to see to it that whatever we agree and come up here will have to pass the test of constitutionality," stressed Fariñas.


Senate President Vicente "Tito" Sotto III is confident the two panels will be able to come up with a consensus on the BBL provisions as they plan to ratify it when session resume in July 23.

This will be in time for President Rodrigo Duterte's State of the Nation Address later that day.

"My advice to the chairman of the Bicam, who is Senator Zubiri, i-tackle nila agad 'yung maaaring constitutional issues. As far as the issues are concerned, tingin ko 2-3 isyu lang ang matagal, di kaya ng isang araw," said Sotto.

Passing the BBL is among the requirements under the peace deal between the Moro Islamic Liberation Front and the government under former President Benigno Aquino III in 2014.

The BBL failed to pass under Aquino due to public outrage over the 44 police commandos in a botched anti-terrorism operation in the remote town of Mamasapano in January 2015.

The MILF hopes lawmakers would come up with a draft Bangsamoro Law that is close to the version proposed by the designated transition commission.

Final version of BBL must pass ‘test of constitutionality,’ say bicam members

Lawmakers forming the bicameral conference committee on the proposed Bangsamoro Basic Law (BBL) gave assurances Monday, July 9, they would produce a final version that is constitutional.

Senate Majority Leader Miguel Zubiri and House Majority Leader Rodolfo Fariñas said this on Monday, July 9, at the start of their week-long bicam meetings on the BBL. (READ: Difficult work ahead to reconcile Senate, House versions of BBL)

“We will have to ensure that anything that we do and everything that we do will be compliant to the Constitution because, surely, this will be challenged. So it is our task to see to it that whatever we will agree [on] and come up here will have to pass the test of constitutionality,” said Fariñas.

Zubiri, who also chairs the bicameral conference committee on the BBL, gave the same sentiments: “In performing our duties, let the following be our guideposts: Constitutionality – the Constitution being the supreme law of the land sets both the latitude and delimitations of what we can incorporate in this basic law,” said Zubiri.

The senator said the bicam would also “give the widest latitude” in reconciling the House and Senate versions of the BBL “within the limits set by the Constitution and other laws.”

Zubiri said the bicam must also ensure the finalized version of the BBL would be acceptable to the Bangsamoro people and help bring about peace and development in the region. (READ: Final version of BBL holds fate of Mindanao peace process)

“This law must correct the injustices and prejudices against our Muslim brethren. It must accord them equal respect and opportunity in order to advance in life,” he said.

Questions have been raised against the possible constitutional violations of the BBL, including its proposed parliamentary system, implementation of Shariah laws, and giving cities and provinces sharing a common border with the Bangsamoro to join the plebiscite, among others.

The House and Senate already removed several provisions in the BBL version first crafted by the Bangsamoro Transition Commission. But the Moro Islamic Liberation Front and other stakeholders want these provisions retained.

Senate President Vicente Sotto III suggested the constitutional issues must be tackled first during the bicam. The other contentious and controversials provisions can be treshed out later in the week.

“Basta importante, ’yong mga constitutional issues, ma-resolve. Sapagkat ’yon ’yong kinakabahan tayo na baka pumasa man sa amin, i-ratify man namin, i-question sa Supreme Court, nabaril. Mahirap naman,” he said.

(What’s important is for the constitutional issues to be resolved. That’s the part we are nervous about, because even if the bill gets our approval and we ratify it, the Supreme Court may shoot it down. That’s a problem.)

The bicam is being held closed-doors at the Grand Ballroom A of Crowne Plaza Manila Galleria. Reporters were briefly allowed to enter the hall to listen to the opening statements on Monday.

Bicam meet for BBL

By Francis Wakefield

The bicameral conference for the Bangsamoro Basic Law (BBL) began Monday as lawmakers work to reconcile the Senate and House versions of the law at Crowne Plaza Manila Galleria.


Nine Senators and 18 members of the House of Representatives compose the bicameral conference committee that will resolve the varying provisions of the House Bill 6475 and Senate Bill 1717.

Presidential peace adviser Jesus G. Dureza and deputy presidential peace adviser Nabil Tan are also present in the meeting.

In a statement, Guiamel Alim, chairperson of Bangsamoro Civil Society, said enacting a BBL that “addresses the root causes of the conflict and provides for meaningful autonomy is not only good for the Bangsamoro, it is also an opportunity for the Philippine government to show that it is able to address violent conflicts, such as that in Mindanao, through diplomatic means.”

Meanwhile, BTC Commissioner Maisara Damdamun-Latiph called on the lawmakers to strengthen the BBL on the following components:


  • Fiscal autonomy by removing the conditions in the block grant, making it at par with the IRA of LGUs;
  • Proper allocation of powers in accordance with CAB and not less than ARMM;
  • Stronger policing in relation to normalization and decommissioning;
  • Inland waters like Lake Lanao in relation to preservation, conservation, power generation, and regulation; and
  • Territory on the plebiscite of 6 municipalities of Lanao del Sur and 39 barangays of North Cotabato in accordance with CAB, and;
  • Bangsamoro identity.


The BBL was aggressively pushed by the previous Aquino administration, but its plethora of unconstitutional provisions coupled by the unfortunate January 2015 Mamasapano, Maguindanao siege doomed its passage.

To make the BBL successful, Dureza earlier challenged the Moro people to take an active role in the peace-building process.

Congressional leaders have earlier said the BBL is expected to be signed into law by President Duterte in time for his third SONA.

Bicam body starts work on harmonizing BBL provisions

The bicameral conference committee tasked to harmonize conflicting and controversial provisions of the Bangsamoro Basic Law (BBL) vowed to keep an eye on the constitutionality issues of the BBL as it begun its deliberations on Monday with an “upbeat” and hopeful spirit.

Senate President Vicente Sotto III, in an interview with reporters, said they were planning to zero in on easier provisions first before tackling the controversial provisions of the BBL.

“Napag-agreehan naman na ‘yung mga madaling provisions eh tanggapin na para makadaan na ‘run. I-table muna yung mga controversial o ‘yung mga issues na medyo makakapagpatagal ng usapin. On my part, my advice to the chair of the bicam, who is Senator (Juan Miguel) Zubiri, ay i-tackle agad ‘yung mga maaaring maging constitutional issues,” Sotto said.

The Senate leader specifically mentioned the opt-in provision of the BBL as one of the controversial provisions of the legislation.


“Everyone is upbeat. I hope in the next few days we would be able to satisfy the perspective and the sentiments of everyone,” he added.

Zubiri, for his part, said that with the weight on their shoulders, and the gravity of their tasks ahead, the 29 lawmakers from Senate and House of Representative should remember that “the Constitution, being the supreme law of the land, sets both the latitude and delimitations of what we can incorporate in this Basic Law.”

“Within the limits set by the Constitution and other laws, we will give the widest latitude in reconciling the two versions of the bill to achieve self-governance and real autonomy in the Bangsamoro,” Zubiri said during his opening speech.

House Majority Leader Rodolfo Fariñas meanwhile appealed to his colleagues to also be guided by the Constitution because the BBL would “surely be challenged.”

“I appeal to everybody that we work hand in hand. As senator Migz stated, we have to be guided by the Constitution. We have to make sure that everything that we do here will be compliant with the Constitution because surely this will be challenged,” Fariñas said.

“It is our task that whatever we agreed here will have to pass the test of constitutionality,” he added.

The committee will conduct its meetings from Monday, July 9, to Friday, July 13, at Crowne Plaza on Ortigas Avenue in Pasig City.

Both chambers of Congress aim to ratify the harmonized version of the BBL on the morning of July 23, and subsequently submit it to President Rodrigo Duterte in the afternoon for signing, in time for his third State of the Nation Address. /cbb