BBL is constitutional

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THIS view was expressed at Monday’s Senate SubCommittee hearing on the Bangsamoro Basic Law (BBL) by former Supreme Court Chief Justice Hilario G. Davide and myself. It reinforces the opinion of our other colleagues in the 1986 Constitutional Commission – SC Justice Adolf Azcuna and several others of the 14 surviving members.

Both CJ Davide and I, like the majority among the framers, object to constitutional change and a shift to federalism at this time. But BBL can a model, a template for federalism when the “constitutional moment” comes. When? CJ Davide thought it would take some 10 years but I said five years may be adequate because of the availability of technology that will be necessary for holding a sustained national public educational campaign and consultation on federalism.

Present at the hearing presided by the Committee chair, Senator Miguel Zubiri, were Senators Frank Drilon, Tito Sotto, Loren Legarda, Sherwin Gatchalian, and Joel Villanueva, as well as members of the Bangsamoro Transition Commission, Office of the Presidential Adviser on the Peace Process (OPAPP), and, because the hearing also focused on fiscal autonomy and restructuring of government commissions, national government offices involved in finance, taxation, peace, and the military.

Senator Zubiri, author of one of the four BBL bills, provided the rationale – the need to redress historical injustices, to ensure lasting peace and combat threats of extremism and terrorism, among others.

Of course those who oppose its passage have their own reasons – that we have to address our territorial claim to Sabah, that there has not been sufficient consultation with the other indigenous tribes, the lumads, and what they consider constitutional infirmities. But BBL as we had noted earlier, exemplifies the exercise or the State’s power to protect and enhance people’s rights to human dignity and honor by removing the social, economic, and political and cultural inequalities. It represents what the framers of the 1987 Constitution call a true expression of social justice, the “heart” of the Constitution. The BBL had been crafted to demonstrate real autonomy – through fiscal autonomy, design of institutions that reflect and respect their genuine cultural identity such as strengthening customary laws, their educational and justice systems through Madaris and the Shari’ah judicial system.

As a model, the BBL can provide valuable lessons through innovations in the political system like political dynasties, in finance and taxation, like the utilization of new formulas in the IRA and block grants, and even lessons in preserving cultural heritage and the building of “new communities” such as that in war-torn Marawi. In the latter, we look forward to what has been described as the “Open City,” where everyone is welcome – people of various faiths, race, and ethnic groups, and even seekers of refuge.

Both Senators Drilon and Zubiri believe that the BBL should now integrate a provision on political dynasty and that the OPAPP and the Bangsamore Transition Commission (BTC) draft what could be one that combines and harmonizes both the concern of the BTC in strengthening political parties and a formula for ensuring democratic participation through a formula on antidynasty. Already, the Sanguniang Kabataan (SK) has passed an anti-dynasty bill. This is a welcome development as one medium and long-term solution to ensuring sustainability, is to recruit the best and the brightest among the young who may be motivated to participate in the political process. In the crafting of this hybrid bill that combines a formula for anti-political dynasty and the design for political party-building, the senators suggested a bright idea – why not integrate the members of the Bangsamoro Transition Commission in the political party set-up?

According to Prof. Julkipli Wadi of the UP Institute of Islamic Studies, the BBL could be fully appreciated if it is viewed as a comprehensive reform agenda. While some degree of reform has been done in the national community, there still exists a feudal culture in most areas of Muslim areas of Mindanao. The problem of instability in the Muslim south, he says is primarily due to the disconnect in the horizontal powers among the three branches of government. Reform in the Bangsamoro area hinges on reform in national politics. One has to address the marginalization of Muslim Mindanao, he noted, citing as example the fact that to date, there has only been one Supreme Court justice from the Muslim community – former Associate Justice Bidin, and one native Christian – Constitutional Commissioner and Justice Adolf Azcuna.

Indeed, the Bangsamoro Transition Commission faces a formidable challenge as it has to integrate and refine the BBL to make it acceptable to the Filipino people. But as they say, “Legislation is the art of the possible!” My e-mail, florangel.braid@gmail. com