Manila Bulletin

Senate approves BBL

- By VANNE P. TERRAZOLA

The Senate burned the midnight oil Wednesday and unanimousl­y approved on third and final reading the proposed Bangsamoro Basic Law (BBL), making good its promise to pass the priority measure before going on a break.

After tedious deliberati­on and pageper-page scrutiny of the Duterte administra­tion's urgent measure, the Upper Chamber approved Senate Bill 1717 with 21 affirmativ­e votes and no negative votes at about 1 a.m. Thursday.

President Duterte has certified the measure as "urgent," allowing the Senate to skip the three-day rule in legislatio­n and approve the bill on final reading following its passage on second reading.

Of the senators, Senators Emmanuel Pacquiao and Leila de Lima, who is detained, were not able to vote on the measure.

The Lower House had earlier approved its version of the BBL Wednesday afternoon.

Senate leaders earlier said the bicameral conference committee may convene during the break to thresh out the differing provisions of the bill so that the President can

sign it into law in time for his State of the Nation Address (SONA) on July 23.

Once enacted, the Bangsamoro Autonomous Region will replace the Autonomous Region in Muslim Mindanao (ARMM).

Presidenti­al spokesman Harry Roque said the Palace is pleased with the versions of the BBL passed by both Houses of Congress.

“We're pleased that both houses passed the respective versions of the BBL. The certificat­ion was a signal that the President considers the BBL as absolutely indispensa­ble in the search for peace in Mindanao," Roque said Thursday.

"We're pleased that both houses of Congress agreed to come up with a final version of the bill during the break. They need to polish it at the bicameral conference committee because that is the last chance for them to make sure that it will withstand the test of judicial scrutiny. We're very pleased that they're aiming that the President can sign the final BBL on the day of the SONA itself," he added.

Salient points SB 1717 sponsored by Mindanao Sen. Miguel Zubiriunde­rwent a major facelift in the Senate to address constituti­onal issues.

Under the bill, the Bangsamoro region shall comprise the provinces in the present ARMM, and the municipali­ties of Baloi, Munai, Nunungan, Pantar, Tagoloan and Tangkal in Lanao del Norte. Other cities, municipali­ties, and provinces who wish to join the region may do so in a plebiscite.

The Bangsamoro region will be establishe­d upon the ratificati­on of the BBL by majority of the votes cast in the said plebiscite.

There is no opt-out provision in the Senate-approved BBL.

The national goverment shall maintain its authority over the Bangsamoro region which shall have a parliament­ary system of government led by a Chief Minister and shall have local autonomy over the Bangsamoro's territoria­l jurisdicti­on.

Palawan will not be part of the Bangsamoro region and will remain in Region 4-B.

The Bangsamoro people–natives or original inhabitant­s of Mindanao and the Sulu archipelag­o – should be identified as citizens of the Philippine­s pursuant to the Constituti­on.

Constituti­onal institutio­ns The Senate-approved BBL also retained the authority of key constituti­onal institutio­ns in the Bangsamoro Autonomous Region.

The Bangsamoro government may create internal auditing agency, but the Commission on Audit (COA), as a country's supreme auditing body, shall have "exclusive" power to check transactio­ns of the Bangsamoro government and its local government units.

The Bangsamoro regional police and military will be under the authority of the Philippine National Police (PNP) and the Armed Forces of the Philippine­s (AFP). Their structures shall follow existing policies and programs by the national government.

Besides the COA, PNP and AFP, the powers of the Commission on Elections, Commission on Human Rights, and Civil Service Commission, as well as the Judicial and Bar Council, shall stay in the Bangsamoro region.

Block grant The Senate reduced to a five from six percent the annual block grant for the Bangsamoro region.

The block grant shall come from the net revenue collection of the Bureau of Internal Revenue and the Bureau of Customs. The block grant amounts to about 160 billion, said Zubiri, the chair of the Senate subcommitt­ee on the BBL.

In addition, the region shall have an annual special developmen­t fund of 15 billion for a period of 10 years.

Other sources of revenues would come from local taxes, fees and charges, revenues from the exploratio­n, developmen­t and use of natural resources within the Bangsamoro territory.

The Bangsamoro region shall have a 50 percent share of the national taxes collected from its territoria­l jurisdicti­on.

Political dynasty Senate Bill 1717 also prohibits political dynasty in the proposed Bangsamoro parliament.

Under the measure, no person related within the second civil degree of consanguin­ity or affinity shall be allowed to run for any elective office within the same district, province, city, or municipali­ty in the same election.

Likewise, no person related within the second civil degree of consanguin­ity or affinity to an incumbent official shall immediatel­y succeed to the position, whether at the local, district or regional level.

Unconstitu­tional

The opposition is doubting the constituti­onality of the BBL. Albay 1st district Rep. Edcel Lagman said, “BBL is unconstitu­tional because the entity that it seeks to dissolve-the Autonomous Region in Muslim Mindanao or the ARMM – was created by the Constituti­on itself.We cannot abolish the ARMM by mere legislatio­n," Lagman said.

"As a lawyer, I share that doubt. It's true that the creation of the ARMM is in the Constituti­on," House Speaker Pantaleon Alvarez told House reporters Wednesday.

The reference bill was the Speaker's own House Bill (HB) No.6475, which was earlier adopted by a tri-committee tasked to handle all BBL-related measures filed in the 17th Congress.

"We believe that what we are doing here is constituti­onal. But nobody can stop anyone from filing or questionin­g the constituti­onality of a law," he pointed out.

Alvarez said that as legislator­s, it's their job to tackle proposed laws before them and not decide on their constituti­onality.

“It's like the quo warranto case. Let the Supreme Court decide on it (constituti­onality). We won't be the ones to say whether it's constituti­onal or not. For our part, there's a proposal for the BBL to substitute the ARMM law, so that's what we'll do,” Alvarez said.

At least 227 congressme­n voted to approve the substitute bill on third and final reading. Eleven objected while two abstained.

Asked what would happen if the High Court strikes the BBL down, Alvarez replied, “We can't do anything about that. We just have to accept it. Kasisilana­manang final interprete­r of laws.”

Anak Mindanao Party-List Rep. AmihildaSa­ngcopan, a vice chairperso­n of the Peace, Reconcilia­tion and Unity Committee said the House did everything to make the BBL survive a challenge before the High Court. (With reports from Argyll Cyrus B. Geducos and Ellson A. Quismorio)

 ??  ?? A CAUSE FOR CELEBRATIO­N – Muslims in Quiapo, Manila, flash the peace sign after the Senate passed the proposed Bangsamoro Basic Law Thursday. A day earlier, the House approved its version of the measure. (Ali Vicoy)
A CAUSE FOR CELEBRATIO­N – Muslims in Quiapo, Manila, flash the peace sign after the Senate passed the proposed Bangsamoro Basic Law Thursday. A day earlier, the House approved its version of the measure. (Ali Vicoy)

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