Drilon said we should “stop” talking about these issues, and that the President is not serious about it. So why did he find it necessary to issue a statement that he’s against the proposal? His statement is troublesome, but somewhat firm. He said the CAB is going to be approved sometime early next year, and did so at a time when the President was saying that he would back a second term and a reduction in the Supreme Court’s (SC) power. Clearly, the President is for Charter change—something he rejected then, but is considering now.
I still think the CAB should be rejected on these grounds:
1) The Philippines is denied the opportunity to approve or reject the agreement. There are two steps pursuant to a case decided by the SC, called Bayan v Executive Secretary, 342 SCRA 449. One, the United States must agree that it is an executive agreement; and, two, it must be approved as such. The Philippine government must accept that it is an agreement, and that the Senate must approve it—that is, if it decides to. Is the Senate surrendering its ability to decide that it is an executive agreement and to approve it as such? This is a constitutional question and is something that has not been decided upon by the SC.
2) The agreement is defeatist in nature and, therefore, unconstitutional. This is surprising, because the Philippine government was winning the war against the Moro Islamic Liberation Front (MILF). After all, it had captured three of its camps. This is one difference between the Moro National Liberation Front’s (MNLF) Nur Misuari and the MILF’s Al-Haj Murad Ebrahim. The MILF’s forces are more persistent than the MNLF’s. It’s true that the Philippines is having problems, but that does not make one defeated. It’s true that the Bangsamoro was able to get more territory, but the Philippine government can get them back. I was at Camp Rajamudah shortly after it was taken. In fact, I heard the Marines’ cry—“Hoohah!”—there for the first time. I saw the headquarters and the house of Murad. I saw there the things he left behind that permit for the establishment of a Bangsamoro republic.
3) The agreement gives the Philippines less power than it already has. First of all, the Autonomous Region in Muslim Mindanao (ARMM) will be abolished. This is an indication that the government considered the ARMM a failure. The ARMM is trusting—dreaming—that that it will disappear in “name only,” but that is a dream that will soon turn into a nightmare. The Bangsamoro was granted 55
powers, while the government was given only six residual powers, including the right of the Bangsamoro to appoint a Register (or Recorder) of Deeds, who will decide on matters and questions regarding land and has the ability to grant fishing rights.
Also, the CAB violates everything that the late former Sen. Benigno “Ninoy” Aquino Jr. and his wife, the late President Corazon “Cory” Aquino, taught to their son. The plan to give him another term is actually related to the CAB. If he gets to extend his time in office, he will have more time to have the Senate approve the CAB. And if the call of the Senate President to stop talking about the issue is heeded, then that call would actually make sense. Can you imagine what silence would bring to the discussion? Silence makes a second term for the President feasible.
The one-term limit imposed by the Constitution on the President is intended to prevent another Marcos regime from happening. If the President is not really serious about having another term, then why did he propose it in the first place?
It is hoped that people would agree that the agreement has simply given too much.