Salient deletions and amendments on BBL

On Salient Deletions and Amendments

Cong. Rufus B. Rodriguez

Sponsorship Speech (Excerpt)

Mr. Speaker, the Salient Deletions and Amendments to the Original House Bill 4994 to Conform to the Philippine Constitution are as follows:

Under the original provision of 4994, in the Preamble, it has a weak reference to the Constitution by merely stating, “in consonance with the Constitution.” That has been replaced by the Substitute Bill and we have placed the words under the Constitution, these are the words of the Constitution, and it says in the Preamble that the Bangsamoro Government shall be “Within the framework of the Constitution and national sovereignty as well as the national territorial integrity of the Republic of the Philippines.”

In Article I, the law was supposed to be called “Bangsamoro Basic Law.” That has now been changed and “This law shall be known and cited as the ‘Basic Law of the Bangsamoro Autonomous Region.’” This is not a basic law of the Nation of the Moros or the Bangsamoro. This is the basic law of a region, of an autonomous region. So, clearly under Article I we have already made clear that what we have is not just the Bangsamoro. What we have is a Bangsamoro Autonomous Region. It’s a mere region of our country, under one Republic, one flag, and one national government.

Under Section 2, on the name, the previous provision would state, “The name of the political entity under this Basic Law shall be the Bangsamoro.” Period.  This has been changed to state, “The name of the political entity under this Basic Law shall be the Bangsamoro Autonomous Region” to clearly emphasize that they are a region of the sovereignty of the Republic of the Philippines.

Article III has been changed. The title before was “Territory.” It has been changed by the Ad Hoc Committee, Mr. Speaker. To now read, “Article III Geographical Area of the Bangsamoro Autonomous Region.” Because under the Montevideo Convention on what is a state: a state has people, territory, government, and sovereignty. The Bangsamoro has no, no territory of its own. It will have its Bangsamoro geographical area.

On the contiguous territory, this is now the opt-in. Under the opt-in provision it was just clear that “upon petition of the registered voters approved by a majority of qualified votes cast in a plebiscite.” This has been amended to conform to the Constitution. So that the nearby contiguous provinces of Maguindanao, which are North Cotabato and Sultan Kudarat, and Lanao del Sur, the contiguous areas of North Cotabato and Lanao del Norte, including Iligan City, will not worry because we have amended this by stating that, “The inclusion of the local government unit or geographical area in the Bangsamoro shall be effective upon approval by a majority of the votes cast in the plebiscite of the political units directly affected.” And therefore, if the barangay is in a city, for example, the City of Iligan where six barangays are contiguous to Lanao del Sur not only the barangays will vote but the entire City of Iligan, which is 92% Christian so how can they be absorbed, the six barangays, to Lanao del Sur. The same is true in Sultan Kudarat and North Cotabato where if there are barangays are contiguous to Maguindanao, not only will the barangays will vote, but the entire province will vote because a barangay affects a municipality, a municipality affects the province. Because when a barangay is removed with its people and land it will affect the land area of the municipality and its population and it will also affect the entire province and the province will vote and there is no way, there is no chance that the Christian dominated provinces of Sultan Kudarat of 90% Christian and also North Cotabato will vote to join the Bangsamoro.

On General Principles, Mr. Speaker, there is a provision here under Article IV, “The Bangsamoro abides by the principle that the country renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.” The second paragraph is completely deleted. Because renouncing war, stating that they abide by the generally accepted principles of international law, pertain to the national government of the Republic of the Philippines and no region can also state that they renounce war, that they would be adopting accepted principles of international law, completely deleted because these are characteristics of sovereignty and sovereignty pertains to the Republic of the Philippines.

Also in the Powers of Government, instead of having only nine powers retained by our central government, the national government, we have included “Banking.” Banking which has been given as an exclusive power, banking has been restored back to the national government so that there would be one rule of all banks from those in Manila with offices in the Bangsamoro. Banking is now back as reserved power of the national government. Secondly, we have likewise restored the “Powers of the Ombudsman.” While the BBL previous provision states, the primary disciplining authority for the Bangsamoro officials is the Bangsamoro Government, no more. It is now the Ombudsman that has primary responsibility to investigate Bangsamoro officials because we have restored the powers of the Ombudsman back to the reserved powers of the national government. And we have included also, which was not found in the proposed BBL, this particular statement so that all the powers will be with the national government. And that is why number 11 states, “All other powers not granted to the Bangsamoro Government by this Basic Law are reserved with the national government.”

Mr. Speaker, on Concurrent Powers, the Bangsamoro auditing body shall only now become, not the Bangsamoro Commission on Audit, in capital letters, but the Bangsamoro auditing office shall only be an internal auditing office responsible to have internal audit. But according to Section 2, under the substitute bill, this internal auditing body “shall be without prejudice to the power, authority, and duty of the  Commission on Audit to examine, audit, and settle all accounts pertaining to the revenues and the use of funds and property owned and held in trust by any government instrumentality, including government-owned corporations in the Bangsamoro.”

On the Civil Service, it was stated here, in capital letters, that there “There is hereby created a Bangsamoro Civil Service office.” No more. Under the amendment it is stated that “There is hereby created a Civil Service Office,” just an office, not a Commission, an office “for the Bangsamoro Autonomous Region that shall be under the power, authority, and duty of the national Civil Service Commission.” And on the statement in the old bill that “The Bangsamoro Government shall have primary disciplinary authority over its own officials and employees.” Mr. Speaker, the new substitute bill now provides, “The disciplining authority of the Bangsamoro Government over its own officials and employees is without prejudice to the Constitutional powers, duties, and authority of the Office of the Ombudsman to investigate any act or omission of any public official, employee, office, or agency.” Clearly, we have made the provisions on COA, the provisions on Civil Service, and the provisions on the Ombudsman already conform to the Constitution by making them either regional office and under the national constitutional bodies.

Also, we have added a definition to asymmetrical relation. Because asymmetrical relation has been questioned, that it may be like the associative relationship that was declared unconstitutional by the case of MOA-AD North Cotabato case. That’s why we have added a definition to be clear on what is a symmetrical, asymmetrical relationship. These additional words are quote by your Ad Hoc Committee in the substitute bill, “Asymmetric relationship refers to the relationship between the National Government and the Bangsa Government as an autonomous region wherein the autonomous regions are granted more powers and less intervention from the National Government compared, compared, to other territorial and political subdivisions” like the local government units, provinces, cities, municipalities, and barangays. That’s all there is to it, it has just more powers and lesser intervention than the LGUs.

On the Bangsamoro Government, here is another contentious provision, which we have amended to conform to the Constitution. Under the Bangsamoro Electoral Code, under the old provision it says, “There is hereby created a Bangsamoro Electoral Office that shall perform the functions of the COMELEC.” We have made it clear that in this particular case the Bangsamoro Electoral Office, it now states, under the new substitute bill, “There is hereby created a Bangsamoro Electoral Office which shall be the Regional Office of the Commission on Elections, and which shall perform the functions of the national Commission on Elections in the Bangsamoro Autonomous Region.” So it is now a mere regional office so that the national COMELEC and the COMELEC en banc shall govern even the affairs or political affairs in the autonomous region of the Bangsamoro.

And then because we believe that the third requirement of a state is sovereignty, we have removed Article VIII, all the four Sections on the Wali. The Wali has been deleted. Why? Because under the Section 1 it states, under the old provision, “There shall be a Wali who shall be the titular head of the Bangsamoro. As titular head, the Wali shall take on only ceremonial functions.” There can be no ceremonial leader, there can be no titular leader, for a mere region of our country. Our country where our President is called the head of government and the head of state, only the Presidet shall be the titular head of even of the region, because a region is a mere part of the national government. And so we have removed the Wali to make sure that there are no characteristics of sovereignty. Because these are characteristics of sovereignty. Territory, we have changed territory to Bangsamoro area. Wali, no more titular head. They are a mere region of our country and they remain as such. All the four Sections of the Wali have been deleted by the Ad Hoc Committee.

It is very clear also, that our, that in the case of Basic Rights, there has been a complaint from the indigenous peoples that this bill, the original bill, did not include the Republic Act, the IPRA. This is the Indigenous Peoples Rights Act. Your Committee made sure that all the rights of indigenous peoples shall be protected and recognized because the new version of the bill now states, “The Bangsamoro Government recognizes the rights of the non-Moro indigenous peoples in accordance with the Indigenous Peoples’ Rights Act” for the first time mentioned to assure our non-Moro indigenous peoples that they will be protected. And we have included more. We have also placed there, comma, “in accordance with the IPRA,” comma, “the United Nations Declaration of the Rights of Indigenous Peoples” UNDRIP is likewise stated so that you will not diminish the Moro, non-Moro indigenous peoples rights. And furthermore, included that “The Bangsamoro Government shall recognize the rights of the non-Moro indigenous peoples” by including its shall always be also in accordance with “the United Nations Declaration on Human Rights.”

Also, Mr. Speaker, we have assured that Christian settlers are protected. They are protected in the lands. In our bill all the lands, occupied, possessed, and titled by the Christian settlers will not be disturbed, will not be taken away from them, and are respected. And that if there is a call for justice because Muslim brothers have been dispossessed, illegally, it will not be, they will not be returned to the Muslims, but there will be a Transitional Justice Commission where those displaced by the Christian settlers will not get back their lands, but they will be paid by the national government and the Bangsamoro to assure there is transitional justice but the Christian settlers are settled in their possession of the lands that they have presently possessed now. And that is why we have included, in the Ad Hoc Committee, this phrase “No person in the Bangsamoro Autonomous Region shall be subjected to any form of discrimination on account of creed, religion, ethnic origin, parentage, or sex.” Meaning, creed, religion, ethnic origin, Christian settlers, Mr. Speaker, are protected under this no discrimination clause. Christian settlers in the Bangsamoro Autonomous Region are very well protected under the no discrimination clause in the Bangsamoro Bill. Also, non-Moro indigenous peoples shall be protected. Those with ethnic origins different from our Muslim brothers or parentage will not be discriminated.

Also, Mr. Speaker, the Bangsamoro Human Rights Commission. Under the old provisions, this Bangsamoro Human Rights Commission shall be independent from the Commission on Human Rights. It was also given prosecutorial powers not even given to the national Commission on Human Rights. Mr. Speaker, your Ad Hoc Committee has changed this. And it now reads, that “The Bangsamoro Human Rights Commission shall be under the jurisdiction and supervision of the Commission on Human Rights in carrying out its mandate.” Likewise, we have removed the prosecutorial powers of the Regional Bangsamoro Human Rights Commission. Again, to make this provison conform to the Constitution.

How about the Public Order and Safety, about the police. Under the old provision, the Bangsamoro Government was given the primary responsibility so they will in control of the Bangsamoro Police because they have primary responsibility. That has been changed, Mr. Speaker. It now reads, under Article X Public Order and Safety,  “The Bangsamoro Government shall have joint responsibility with the National Government over public order.” It is now joint because when they are there, the national government shall likewise have that responsibility. And furthermore, while the old provision, creates a Bangsamoro Police that is created by the Bangsamoro Government, not anymore under the particular ammendment to the bill. Because now, it now reads, “Bangsamoro Police. There is hereby created a Bangsamoro Police which shall be organized, maintained, supervised, and utilized by, and be an integral part of the Philippine National Police.” Clearly, the Bangsamoro Police will be organized, staffed, maintained to be an integral part of the Philippine National Police. And therefore, the police is, the Bangsamoro Police is under the Chief PNP, under the Secretary of Interior and Local Government, and the Bangsamoro Police is under the President of the Republic of the Philippines.

We have likewise, in defense and security, before the statement in the previous law states that “The Central Government may create a Bangsamoro Command” and that has raised a lot of  questions on the Bangsamoro Command that may be separate from the Armed Forces. No more. This has been completely deleted, this Command. A new provision of the bill that you’re going to vote on, “The defense and security of the Bangsamoro shall be the responsibility of the National Government. The National Government may create a unit or units of the Armed Forces for the Bangsamoro, which shall be organized, maintained, and utilized in accordance with national laws.” No more Bangsamoro Command of the Armed Forces. What we’re going to have are unit or units to be established under the Armed Forces of the Philippines. So, the change from command to unit or units of the Armed Forces, which shall all be organized in accordance with our Armed Forces law.

On Fiscal Autonomy. Auditing, Section 2, “All public funds of the Bangsamoro are subject to auditing. For this purpose, a Bangsamoro Commission on Audit,” in capital letters again, stating that there will be a separate Bangsamoro Commission on Audit in capital letters. What is now the new provision again? Auditing, Article V, Fiscal Autonomy,  “There is hereby created an internal auditing body with procedures for accountability over revenues and other funds generated within or by the region from external sources.” An internal auditing body is provided by law, are created for departments, agencies, local government units, even by government agencies. What we have, what we have now is an internal auditing body. And to ensure it is an internal body that shall not be independent, the second sentence provides, Mr. Speaker, “This shall be without prejudice to the power, authority, and duty of the Commission on Audit to examine, audit, and settle all accounts pertaining to the revenues and the use of property in the Bangsamoro.” It is now very clear that there is no separate commission on audit.

Mr. Speaker, in the matter of loans, foreign loans and domestic loans. Before the Bangsamoro, in the original provision, (inaudible) foreign loans directly from foreign institutions and governments. Not anymore. In the new provision, having foreign loans from foreign constitutions and foreign governments is an act of sovereignty. Only the national government can do that. And therefore, it states now, “Subject to acceptable credit worthiness, such loans may be secured from domestic and foreign lending institutions, in accordance with the Constitution” and the Constitution requires approval by the Monetary Board whenever it is a loan of the foreign institutions and foreign governments. Clearly, it cannot go directly to foreign governments. It requires approval by the Monetary Board.  Because now it is written, beyond (inaudible) of duty, the words, “in accordance with the Constitution”

Also in ODA, the Overseas Development Assistance. Before the previous provision, Section 23, provides, “the Bangsamoro Government may avail directly from the Overseas Development ODA Assistance.” And then it says, “The Bangsamoro Parliament may enact legislation governing Overseas Development Assistance.” Now it has been completely amended. (inaudible) “In its efforts to achieve inclusive growth and poverty reduction, through the implementation of priority development projects, the Bangsamoro Government may avail of international assistance in accordance with the Overseas Development Assistance Law,” the national law which requires government to approve any request for foreign Overseas Development Assistance. And the sentence that “The Bangsamoro Parliament may enact legislation governing ODA” is completely deleted, Mr. Speaker.

As to economic agreements, before the Bangsamoro Government may have agreements, economic agreements, with foreign governments, an attribute of sovereignty. That has been deleted and removed. Because now, under economic agreements in the Ad Hoc Committee, “The Bangsamoro may enter into economic agreements and receive benefits and grants derived therefrom subject to the approval of the National Government.” In other words, the national government will get economic agreements and (inaudible) with foreign governments, Mr. Speaker.

And then in natural resources, Mr. Speaker. Before, the Bangsamoro “shall have the authority and power to explore all the natural resources, including rights to inland waters, coastal waters, and renewable and non-renewable resources in the Bangsamoro.” That has been completely amended. Now, Mr. Speaker, the natural resource provision state that “The Bangsamoro shall have authority to control and supervise mines and minerals.” There is an exemption, under the Regalian Doctrine, wherein this would remain with the national government. It says  “except for the strategic minerals such as uranium, petroleum, and other fossil fuels, mineral oils, and all sources of potential energy” remains with the national government under the Regalian Doctrine. So, Section 8 has a provision to ensure that these natural resources shall be completely held by the state, by the national government.

And so, therefore, Section 10 on restoration, development, and utilization of fossil fuels and uranium this is now a section giving this power to the Bangsamoro were completely deleted, all the four provisions, completely deleted. And the Regalian Doctrine prevail and therefore fossil fuel, mineral oil, sources of potential energy, petroleum, uranium remains with the national government in terms of exploration, development, and utilization.

Mr. Speaker, also on plebiscite. On the opt-in provision, once again. We have included two provisions, which were not present before.  There are now two requirements, the co-equal requirements, that are now included in the opt-in provision. First, they must be contiguous. Second, they must be found in the listed provinces and cities of the Tripoli Agreement. What does this mean? If you are not contiguous, you cannot be, by any stretch of imagination, be a part of the Bangsamoro. Zamboanga City, Zamboanga Sibugay, Zamboanga del Sur, Zamboanga del Norte can never be part of the opt-in provision even if they like to be a part. Why? Because they are not contiguous by land. Black’s law dictionary states that contiguity is touching of adjacent land. Oxford dictionary says contiguity is adjacent by border. Webster dictionary states that contiguity is being adjacent by land such that the (inaudible) How can they be contiguous? So, therefore, there is no contiguity. The only the areas that can now be possible (inaudible) is only North Cotabato and Sultan Kudarat. Only. Contiguous to Lanao del Sur is only Bukidnon and Lanao del Norte. But Bukidnon is out because Bukidnon has not been mentioned by the Tripoli Agreement. So, we are talking of only three provinces that its barangay (inaudible). Not Saranggani of our hero Manny Pacquiao. Not General Santos of Vice-Chairman, uhmm, (inaudible) And therefore, Palawan of Congressman Abueg can never be part of the opt-in provision because it has 40 nautical miles away from Sulu, Basilan and Tawi-tawi. (inaudible) North Cotabato, and then, let’s say, Sultan Kudarat, and Lanao del Norte, including Iligan City. Only three provinces. Can they possibly pass? These are provinces, which are Christian dominated of over 90%. If there is a 10% majority, 10% of the voters ask for plebiscite, it will not be the barangays in North Cotabato, Sultan Kudarat, Iligan City or Lanao del Norte that will put the vote for the barangays, which are Muslim dominated, which will decide the Bangsamoro. No. For Iligan City of Vart Belmonte, the six barangays which will have the 10% for the opt-in can never win in the entire City of Iligan, which is more than 90% Christian (inaudible). So with North Cotabato and Sultan Kudarat. (inaudible) It is only this fear, fear of the unknown. As President Roosevelt said, responding to fear with fear itself. And if you are fearful you are included, the law says you will not be included, how can you be included? Mr. Speaker, I think I made that clear. The opt-in provision has been completely changed. (inaudible)

And so Mr. Speaker, these are just some of the amendments…