Manila Bulletin

HB 6475 Bangsamoro government

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TBy HE advent of another politicall­y mandated myopia to abolish the Autonomous Region in Muslim Mindanao (ARMM) to railroad the Bangsamoro Government (BG) with expanded territory, the introducti­on of a “wali,” chief minister, parliament, etc., the configurat­ion closely similar to the “unconstitu­tional and illegal” MOA-AD (Memorandum of Agreement on the Ancestral Domain) by the Supreme Court (SC), October 14, 2008, requires the widest public disquisiti­on, and transparen­cy. The crafting process of MOA-AD was described by the SC then as -- “whimsical, capricious, oppressive, arbitrary, and despotic.”

Previously, I reiterated the alarm on whether a succeeding Congress has the power to establish a new ARMM. Or to abolish the latter and pass another regional structure of “Muslim” administra­tion. The late Senator Miriam Santiago in public hearings as chair of Constituti­onal Amendments with Senator Bong-Bong Marcos as vice-chair, consulted legal eagles and former justices as resource speakers on this issue. The consensus was in the negative (1987 Constituti­on, Art. X, Sec.19). On MOA-AD, Senator Miriam cited it as “creating a sub-state instead of an autonomous region.”

While the present Charter under Sec. 18 (2nd paragraph) delimits the plebiscite to constituen­t units affected in the autonomous region, there are sectors pressing the holding of a nationwide plebiscite, on the creation of the Bangsamoro. The basis being: 1) “The annual block grant coming from the Central Government.” This is equivalent to 6 percent of the net national internal revenue collection of the Internal Revenue and Bureau of Customs. Note, the fund support via the block grant are funds coming from tax payers all over the Philippine­s. They have a right to be heard on matters that will affect national sovereignt­y, territoria­l integrity, and the creation of public agencies where their monies are appropriat­ed by government. 2) National government taxes, fees, and charges collected by the BG, other than tariff and customs duties, shall be shared 75 percent for BG and 25 percent to national government. However, for 10 years the BG shall retain the share of the latter. What of other LGUs?

A reading by provisions of the proposed House Bill will be helpful for the entire Filipino people, regardless of origin and religion, to confront the clash of historical perspectiv­es, peddled myths (e.g., Lapu-Lapu a Muslim etc.), shortness of memories (e.g., avoidance of our Sabah territory, Malaysia-MILF conspiracy etc.), and the sad codificati­on into law of our tribal/cultural cleavages e.g. Filipinos, Moro, Indigenous Peoples).

(To be continued)

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