The Manila Times

ATIENZA: Bangsamoro bill unconstitu­tional

- BY LLANESCA T. PANTI

THE proposed Bangsamoro Basic Law (BBL) does not square with the 1987 Constituti­on because of its expansive nature, a veteran lawmaker said.

Rep. Jose “Lito” Atienza of Buhay party- list said he would support the bill granting wider autonomy to Muslim Mindanao but “without its un-const-itutional provisions.”

“As it is, the proposal is highly doubtful. It has a lot of demands which are not within con-stitutiona­l limits,” Rep. Jose “Lito” Atienza Atienza told TheMa

nilaTimes editors and reporters in a roundtable discussion.

The measure seeks to abolish the Autonomous Region in Muslim Mindanao (ARMM) and replace it with a Bangsamoro Region that will en and be governed by the Bangsamoro Parliament elected by the region’s inhabitant­s.

Atienza cited the BBL’s provision for the creation of a Bangsamoro police, as well as its own consti- (CoA) and Commission on Elections (Comelec).

“Why do they have to push for a Bangsamoro Comelec? The Constituti­on will not allow that,” he said.

“How can they audit themselves? The fund is coming from the national government. Why would the existing CoA be prevented from auditing funds coming from the national government? You see, what they want is total autonomy which cannot be the case,” Atienza pointed out.

President Rodrigo Duterte has promised to

“husband” the BBL into passage, but he has also said the measure, which was a product of the 2014 peace deal between the government and the Moro Islamic Liberation Front, has a lot of unconstitu­tional provisions.

Duterte, however, did not specify the provisions that would contravene the 1987 Charter.

Still, Duterte has warned that the non-passage of the BBL would pro

Atienza said there would be more - tutional provisions would be passed into law even.

He said giving the ARMM its rightful share of resources did not necessaril­y depend on the BBL’s passage. The President can issue an executive order to implement it, he said.

Atienza said decentrali­zation was already provided under the 1987 Constituti­on, which states that “each local government unit will have the power to create its own sources of revenues and to levy taxes, fees, and charges subject to such guidelines and limitation­s as the Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusivel­y to the local government­s.”

Likewise, the Charter provides that local government units should have a just share, as determined by law, in the national taxes, which should be automatica­lly released to them, and that local government­s should be “entitled to an equitable share in the proceeds of the utilizatio­n and developmen­t of the national wealth within their respective areas, in the manner pro- vided by law, including sharing the same with the inhabitant­s by way of

“An autonomy should be connected with the main body, which is the national government. As it is, the BBL is just a palliative step for decentrali­zation. If you break the country apart, and it will be very hard to walk back from that,” Atienza said.

‘Count the cost’

On Friday, Senate President Pro Tempore Ralph Recto pressed Finance and tag” of the BBL, saying that only a way for BBL’s passage.

But the nation must be told how heavy the burden on the taxpayers will be,” Recto said.

Recto said debate on BBL would center on “constituti­onality and cost.”

“It is not that hard to make the bill constituti­onally compliant, which is what President Duterte wants,” Recto said. “But what I think might be contentiou­s is where to source the money required to implement the bill.”

the BBL “because the context here is installmen­t of [tax reform].”

“It will be interestin­g to know what BBL’s cost will be so we can compare it against the potential yield from Train 2,” Recto explained, referring to the Palace revenue bill

Recto said BBL “is also an appropriat­ions and revenue bill. It creates billions of pesos. It decides on the fate of taxes collected.”

The BBL drafted by the Aquino government, which is almost a duplicate of the version submitted to Congress by the Duterte administra­tion, had it passed, would have implementa­tion.

The MILF, based on reports, however, gave a higher estimate of P72 billion, while Recto pegged a range of P63 billion to P73 billion.

Under the BBL draft sent to Congress, “the Central Government shall provide an annual block grant which shall be the share of the Bangsamoro in the national internal revenue of the government.”

“The annual block grant shall be automatica­lly appropriat­ed to the Bangsamoro Government, which means it cannot be changed,” Recto said.

Also immediatel­y after the rati - ernment shall provide additional funds that would subsidize expenditur­e for developmen­t projects and infrastruc­ture in the Bangsamoro.

The additional funds are on top of its share from the national internal revenue, annual block grant, Special Developmen­t Fund (SDF), and funds from National Government Agencies downloaded to the Bangsamoro.

The SDF shall be P100 billion for 20 years, P10 billion of which shall be given by the national government of the BBL.

Thereafter, P8 billion pesos will released annually for the next four years, and P6 billion annually from year 6 to 10.

The balance will be released in 10 equal annual installmen­ts of P2.8 billion.

“The Bangsamoro government would get 75 percent of taxes collected, and may even retain the 25 percent share of the national government for 10 years,” Recto said.

Recto said he supports the 75-25 tax sharing formula “in the hope that this will become the template for the entire country.”

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