Philippines senator preparing bill to address BBL 'flaws'

By Hader Glang

ZAMBOANGA CITY, Philippines 

A prominent Philippine senator has rejected a law that aims to seal peace in the country's Muslim south, saying its failure to address the concerns of major stakeholders, constitutional infirmities and unclear provisions could only lead to more bloodshed.

Ferdinand "Bongbong" R. Marcos, Jr., the chairman of the Committee on Local Government, said in a statement Friday that he is preparing a substitute bill to address "flaws" in the draft Bangsamoro Basic Law (BBL) that have been identified in hearings and consultations conducted by a committee he heads.

BBL legalizes the creation of a new region to replace the existing Autonomous Region in Muslim Mindanao (ARMM), under the terms of a 2014 peace deal.

The deal, inked between the government and the Moro Islamic Liberation Front (MILF) in March 2014, is aimed at bringing an end to 17 years of negotiations and a decades-old armed conflict, while granting Muslims greater political autonomy.

Marcos - the son of Ferdinand Marcos, who ruled the Philippines for 21 years - has said an area of focus for his substitute bill is the serious security warning flags raised by retired military and police officers.

"We intend to incorporate in the substitute bill the inputs of our retired generals. Many of them have a wealth of personal knowledge and experience as veterans in the war against insurgency and terrorism in Mindanao," he said in the statement.

"They are the ones who risked their lives in saving Mindanao from separating from our Republic. So when they point to danger signs in the draft BBL we should listen," he added.

Marcos said that the Association of General and Flag Officers has told the committee that while BBL is touted as an instrument of peace, the draft bill in its present form may not prove to be that instrument.

Lt. Gen. Edilberto Adan, who leads the association, has claimed that the draft "contains provisions which can create more problems that it can solve" and is lacking in provisions that would ensure its workability.

Adan stressed that while the MILF is asking the government for trust, it should also show it can be trusted.

He noted that the Mamasapano incident - in which a combined team of MILF and Bangsamoro Islamic Freedom Fighters killed 44 Special Action Force commandos - had cast doubts on the MILF's claim of trustworthiness.

Malacanang Palace, however, has rejected the notion of a substitute bill, InterAksyon reported Thursday.

Presidential spokesman Edwin Lacierda said BBL was crafted with due deliberation, and can withstand any legal challenge.

BBL was crafted by the government and MILF panels, led by the government’s chief peace negotiator Miriam Corone-Ferrer and the MILF's Mohagher Iqbal.

Members of the House of Representatives passed the draft law last month, creating the Bangsamoro Autonomous Region.

InteAksyon reported Lacierda as expressing his firm belief in the Palace’s version of BBL, calling it “the best course of action” and stressing it would “stand legal scrutiny.”

“I think our draft BBL is the most practicable solution to finding lasting peace and development in Mindanao,” Lacierda told reporters, contradicting Marcos' remarks that the Palace's draft, if approved, would lead to more armed conflict and bloodshed.

On Thursday, some senators supported Marcos' decision to junk the Malacanang-crafted BBL and instead submit a substitute, which will be discussed in plenary.

Senate President Franklin Drilon and acting Minority Leader Vicente Sotto III both said that drafting a substitute bill is a prerogative of Marcos as chairman of the local government committee tackling BBL.

Drilon said that it has always been the Senate’s stand to scrutinize and amend the submitted version.

“Nobody has said that we will not revise the BBL as submitted by the Palace. We have always said that we will review and make sure that the BBL is within the four corners of the Constitution. This is something that all senators agree on,” he said in a weekly forum at the Senate.

He added that the senators will debate the substitute bill upon its submission to the chamber.

“We have many common grounds, One, it should pass the constitutional test. Two, it should result in peace in Mindanao. Three, that national interest should be served,” he said.

In a text message to GMA News, Senator Juan Edgardo Angara said “even the Palace has come to terms with that reality that Congress cannot reasonably be expected to be a rubber stamp.”

“We value the expertise and the work done preparatory to the BBL but both houses of Congress have the proper mandate to tackle the bill. Having said that, we hope to come up with an improved version,” he said.

Meanwhile, Senator Joseph Victor Ejercito said he completely agreed with Marcos that BBL, in its present form, has so many loopholes, defects, and violations of the constitution.

“Long-term repercussions might be irreversible, so why the rush?” he said in a text message, also to GMA.

“We intend to incorporate in the substitute bill the inputs of our retired generals. Many of them have a wealth of personal knowledge and experience as veterans in the war against insurgency and terrorism in Mindanao,” he said.

* Among the changes the Association of General and Flag Officers suggested were:

-   The BBL should include a provision explicitly stating that the Bangsamoro or the MILF renounces forever its avowed separatist policy and goal of independence and pledges to remain under or be a part of the Republic of the Philippines.

-   The central government shall exercise authority and jurisdiction over defense and security, both internal and external.

-   The provision that allows the creation of the armed forces’ Bangsamoro Command should be deleted.

-   There should be no Bangsamoro Police. Instead the present ARMM Regional Police should be reconstituted to become the Bangsamoro Region Police Office under the Philippine National Police.

-  The normalization aspect of the peace agreement, instead of being a mere annex to the Framework Agreement should be included as a major provision of BBL.

-  Disarmament, demobilization and re-integration should be carried out in a process that has definite timelines. The MILF armed component must disarm and turn in all their weapons on a fixed date.

-  All provisions on re-deployment of Armed Forces should be omitted or repealed.

-  The requirement to establish coordination protocols for the movement of armed forces in Bangsamoro area should be deleted.

-  The provision in the Normalization Annex of the FAB that the armed forces is to retain only such installations as are necessary for national defense and security should be removed.

Earlier Thursday, a lawmaker said that while BBL has a good chance in the House of Representatives, the proposed law would have an uphill battle in the Senate.

Kabataan party-list Rep. Terry Ridon said the Bangsamoro bill, now called the proposed Basic Law for the Bangsamoro Autonomous Region, will likely be approved on third and final reading in the House before Congress adjourns next Thursday, June 11.

But although the bill’s approval in the House is imminent, Ridon said it still has a long way to go before becoming law.