
The said new BBL draft is a clear violation of FAB and CAB, since the reserved power of the National Government under the FAB is limited to the following: 1. Defense and external Security; 2. Foreign policy; 3. coinage and monetary policy; 4. postal service; 5. citizenship and naturalization; 6. immigration; 7. customs and tariff; 8. common market and global trade,.... 9. intellectual proprty rights. Thus, there is no way around in FAB that inland waters used for the generation of energy servicing the Mindanao Grid are under the reserved powers of the National Government.
The original BBL Article V, Sec. 3, Par. 15, exclusive powers of the Bangsamoro Government says when power generation, transmition, and distribution facilities are connected the National transmission grid, the central government and the Bangsamoro Government shall cooperate and coordinate through the intergovernmental relations mechanism. Hence, it is very clear in the original BBL that the power generation connected to the National Transmission Grid is not reserved power of the national, but cooperation and coordination with the national government and the Bangsamoro Government is needed and thus, the new draft BBL is unacceptable.
Another reason not to accept the new Draft BBL is according to the Original BBL, the provisions on the exclusive power of the Bangsamoro, Art.V, Sec. 3. Par. 15 says that the Bangsamoro Government shall have authority to regulate power generation, transmission, and distribution operating exclusively in the Bangsamoro. But the new draft BBL says that the bangsamoro Government no longer have the authority to regulate power generation, instead, there is hereby created a Water Resources Board, composed of representatives from the National Government and the Bangsamoro Government, for the establishment of protocols for priority uses of the water resources within the Bangsamoro Autonomous Region
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