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 That has been replaced by the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…