BOL debates heat up anew as 1st plebiscite day nears

AGROUP of Muslim accountants and several individuals are asking the Supreme Court to dismiss the petition filed by Sulu Gov. Abdusakur Tan II to declare as unconstitutional Republic Act 11054, also known as the Bangsamoro Organic Law (BOL).

In a 51-page answer-in-intervention, the Philippine Association of Islamic Accountants (PAIA) Inc. headed by Amanoding Esmail maintained that the BOL is “far better” that the present Autonomous Region in Muslim Mindanao (ARMM).

‘No’ campaign launched

IN a related development, two Mindanao political leaders have launched a “no” vote campaign for BOL in the forthcoming plebiscites, a news statement read.

Rep. Khalid Dimaporo of the First District of Lanao del Norte said his province is not part of the ARMM, adding that the ARMM had failed to govern professionally and deliver its promises of improving the quality of life.

The Bangsamoro Autonomous Region in Muslim Mindanao (BARMM), he added, might just be a continuation of that failed system.

Likewise, Cotabato City Mayor Frances Cynthia Guiani said leaders from various sectors oppose the creation of yet another region, stressing they want another system of government.

Overreaction, overreading

CONTRARY to the claim of the petitioner, the PAIA insisted that Section 18 and 19, Article X of the Constitution do not prevent Congress from passing legislations establishing or strengthening, or even abolishing the ARMM and creating a new one.

The Sulu governor, in his petition, claimed that the BOL violates the 1987 Constitution, particularly Sections 18 and 19, which created the ARMM.

He added that there was no legal basis to abolish the ARMM and that if the government wants to do it, it can only be done by amending the Constitution.

The group argued that Section 19 can be construed as a mere directive for the first Congress elected under the 1987 Constitution to pass the organic acts for the autonomous regions in Mindanao and the Cordilleras within 18 months from the time of its organization while Section 18 relates to the process of such organic acts.

“Petitioner overreached in opining that the constitutional provisions delimit the legislative power of Congress; it is reading something into the provisions,” the group pointed out.

Furthermore, the PAIA accused Tan of “overreading” the law in saying that the BOL violates the constitutional principle of separation of power and check and balance.

“In the traditional structure of power in political democracy, separation of power is apportioned between the Executive, the Legislative and the Judiciary, with the Executive executing the law and seeing to it that the law is faithfully enforced or complied with, the Legislature making the law and defining state policies , and the Judiciary interpreting the law. This political rule underwrites the principle of check and balance. And the BOL, provides for this political arrangement,” the group added.

The BOL replaces the ARMM with a new BARMM, which would have greater fiscal autonomy, a regional government, parliament and justice system.

The regions would be made up of the TawiTawi, Sulu, Basilan, Maguindanao, and Lanao del Sur—the current ARMM members— pending a regional plebiscite.

Also included were six municipalities of Lanao del Norte and 39 villages of Cotabato, and the chartered cities of Isabela and Cotabato subject to the approval of voters.

The first voting day has been set by the Commission on Elections on January 21. The second voting day will be held on February 6 in Lanao del Norte (except for Iligan City) and North Cotabato.

Furthermore, the PAIA argued the BOL provision that the territorial jurisdiction of ARMM as constituted under Republic Act 9054, has to vote as one in the coming plebiscite does not violate the equal protection principle under the Constitution and does not discriminate any province or city of the region in the exercise of their electoral right.

The group also defended the BOL, saying that it is designed to protect the religious minority and was passed in compliance by government of its treaty commitment as a member of the United Nations in relation to the 2007 United Nations Declaration for the Rights of the Indigenous Peoples.

Lawyers Nasser Marohomsalic and Manuelito Luna joined PAIA’s intervention.

The BOL is expected to end the strife between the Moro Islamic Liberation Front (MILF) and the military and police. It answers the region’s claim for independence and Moro identity.

Dimaporo said the new administration has raised issues about the involvement of resources, the partaking of powers between the government and the future Bangsamoro, and the integration of Islamic traditional laws within the judicial system. If approved, Bangsamoro will have more authority over their resources and government than the ARMM. The leaders will have the power to mete out justice according to their culture and religion.

ARMM replica?

OBSERVING the ARMM, Dimaporo said, he is not in favor of an independent government which lacks transparency and accountability; shows biases for ethnic groups; tolerates corruption; perpetuates bureaucracy and implements Islamic-based laws that are practiced in other Muslim countries and are too harsh for the local culture.

“We don’t want to take a chance,” he said. “Bangsamoro might be a repeat of ARMM,” he stressed.

Dimaporo quoted former President Benigno S. Aquino III as saying that ARMM was an experiment in self-government. The lawmaker opined that the ARMM was remiss in providing infrastructure, education, livelihood and ensuring peace and order that it had earlier promised because it has no system of checks and balances and accountability, where money was allegedly squandered on ghost projects, while many parts of the region remained impoverished and underdeveloped.

Vote-buying allegedly ranges between P10, 000 and P50,000 and mayors reportedly opt to reside in cities outside of their jurisdiction, he said, unable to keep track of the peace and order situation in their municipalities.

Dimaporo cited Marawi, Lanao del Sur as examples of long years of neglect that resulted in the penetration of the Maute and the ISIS. Despite ARMM’s self-rule, it still had to seek help from the national government, he added.

“The MILF wanted to create the Bangsamoro. They didn’t address the [aspect of] national power. Everything will be controlled by the local government units. It merely adds another layer of bureaucracy,” he said.

Dimaporo lamented that the Internal Revenue Allotment for local government units doesn’t pass through the ARMM to evaluate the budgets. “The ARMM has no direct power over budgets such as development funds. Instead budgets are approved by the ARMM Bureau of the Local Government Finance, not the Department of the Interior and Local Government. The IRA is invariably not used properly,” Dimaporo said.

He warned “Bangsamoro will be having a system of kanya-kanyang mundo [to each to his own world]. The LGU’s can have their IRA, the congressman can get funds from the Department of Public Works and Highways and the regional government will get the block grant. Money will be spent the way they please. Projects will overlap. How do you account for them? That was the problem with ARMM which ended up with ghost projects,” Dimaporo said.

“We don’t want to be a part of that system. We’d rather deal with Malacañang than deal with another layer of bureaucracy,” he stressed.