To ensure the approval of the proposed Bangsamoro basic law (BBL) this month, the House of Representatives has asked President Duterte to certify the measure as urgent.
In a letter dated May 23, House Speaker Pantaleon D. Alvarez and Majority Leader Rodolfo C. Fariñas Sr. of the First District of Ilocos Norte said the urgent certification will guarantee the approval of the proposed BBL next week.
“We are once again respectfully requesting that House Bill [HB] 6457 be certified as urgent by your administration,” the House leaders said, referring to the BBL. With the urgent certification, a bill need not undergo the three-day rule between the second and third reading, with approval on both levels done within the same day. “We aim to pass the bill on third reading before Congress adjourns on June 2. Thus, we are hoping for your usual support as we work for the prompt passage of this law,” the House leaders said in the letter.
Earlier, the Senate had requested the President to certify the BBL as urgent.
Duterte has appealed to Congress to pass the BBL by May 30, as he stressed the crucial role of the proposed law in maintaining peace in Mindanao amid threats posed by radical Islamic groups.
However, the Bangsamoro Transition Commission (BTC) has asked Congress for more time to study the proposed amendments to the bill. The proposed BBL will abolish the Autonomous Region in Muslim Mindanao (ARMM).
The measure seeks to establish a political entity, provide for its basic structure of the government in recognition of the justness and legitimacy of the cause of the Bangsamoro people and their aspiration to chart their political future through a democratic process that will secure their identity and posterity and allow for a meaningful self-governance.
Under the bill, the Bangsamoro territory will remain part of the Philippines.
The measure delineates the core territory of the Bangsamoro to be composed of: 1) the present geographical area of the ARMM; 2) the municipalities of Baloi, Munai, Nunungan, Pantar, Tagolan and Tangkal in the province of Lanao del Norte and all other barangays in the municipalities of Kabacan, Carmen, Aleosan, Pigkawayan, Pikit and Midsayap that voted for inclusion in the ARMM during the 2001 plebiscite; 3) the cities of Cotabato and Isabela; and 4) all other contiguous areas where there is resolution of the local government unit or a petition of at least 10 percent of the registered voters in the area asking for their inclusion at least two months prior to the conduct of the ratification of the basic law and the process of delimitation of the Bangsamoro.
To ensure the widest acceptability of the BBL in the core areas, a popular ratification shall be conducted among all the Bangsamoro within the areas for their adoption. HB 6475 retains the central government’s power and control over defense and external security. It provides that the defense of the Bangsamoro shall be the responsibility of the central government. The central government shall create a Bangsamoro Military Command of the Armed Forces of the Philippines for the Bangsamoro, which shall be organized, maintained and utilized in accordance with national laws.
The measure also calls for the creation of a Bangsamoro Police for law enforcement and maintenance of peace and order in the Bangsamoro, but it shall be part of the Philippine National Police.
Constitutional issues
Meanwhile, House Deputy Speaker Rolando G. Andaya Jr. of the First District of Camarines Sur urged the lower chamber to seriously look into the constitutional issues on some provisions of the BBL. In particular, Andaya expressed concerns that Section 1 of Article XII of HB 6475, which talks about Fiscal Autonomy of the Bangsamoro, is unconstitutional according to existing jurisprudence.
It states: “The Bangsamoro enjoys the maximum form of fiscal autonomy with the end view of attaining economic self-sufficiency and genuine development. It shall be entitled to all fund sources enumerated herein, and shall have the power to create its sources of revenues as provided in this law.” It continues: “It shall prepare its budget and shall allocate funds in accordance with an annual appropriations law passed by the Bangsamoro Parliament. The form, content and manner of preparation of the budget shall be prescribed by law enacted by the Bangsamoro Parliament.”
According to Andaya, fiscal autonomy is granted by the Constitution and cannot be superseded by a law passed even by Congress. “It is a constitutional grant and cannot be attained by membership. This is the ruling of the Supreme Court on the power of fiscal autonomy,” he said.
“Congress cannot, by law, grant such power. Congress’s own power of fiscal autonomy is merely implied by a resolution, while only those which are expressly granted by the Constitution like the Judiciary and the Ombudsman enjoy full benefits of autonomy. The spring cannot rise above the source. Even the President does not have the same
powers,” he added.
Andaya said the committees that consolidated the BBL bills should pay attention to this and rectify the errors in the provisions during plenary debates to conform to the Constitution.
Meanwhile, Malacañang said it expects Congress to meet the end-of-May deadline for passage of the BBL despite some Congress leaders saying they might not meet the deadline.
“Well, we’re holding them to their promise because they have no reason not to meet the deadline. I understand that they had an all-member caucus in the House and it was agreed that it will be passed before they go on break,” Presidential Spokesman Harry L. Roque Jr. said in a briefing on Thursday. The Palace statement came amid reports that Alvarez and Fariñas have asked the President to certify the BBL as urgent.
The House request was made two days after the Senate also made a formal request to the President since it also aims to pass on third reading their proposed BBL before Congress adjourns on June 2. The measure is still pending on second reading at the Senate. Roque said there is no reason for the bill not to be certified as urgent.
On Tuesday Roque said it will be done “anytime soon.”
Asked what was taking so long for the President to certify the bill as urgent, Roque said it is because the Office of the President is still checking if the two versions of the proposed BBL in the House and Senate are the same. “It is needed that the versions are the same and once it is certified as urgent, it can be approved on second and third reading in just a day,” he said. Last month Duterte assured the public that Congress will pass the proposed measure before the end of May.
With reports from Bernadette D. Nicolas