Senators want opt-in provision in House BBL version removed

Senators yesterday warned that the inclusion of the opt-in provision in the proposed Bangsamoro Basic Law (BBL) adopted by the House of Representatives might lead to a “creeping expansion” of the Moro Islamic Liberation Front (MILF).

“My proposal is to remove the opt-in provision. This is what we call as creeping expansion. They want it to expand. Let us just be particular on what should (comprise) the autonomous region and that should be it,” said Sen. Ferdinand Marcos Jr., chairman of the Senate committee on local government tackling the BBL.

Apart from Marcos, Sen. Francis Escudero also expressed reservations on the opt-in provision under the version approved by the House last week.

Legal luminaries said the opt-in provision in the current draft of the BBL states that areas outside the proposed Bangsamoro core territory may join the new autonomous region through a plebiscite, which can only be done following a successful petition of at least 10 percent of residents in a particular local government unit.

The petitions can be done five and ten years after the passage of the BBL.

“The concept of opt-in is an issue. If there is an opt-in, is there an optout?” Marcos said in an interview over dzBB radio.

Marcos narrated that local officials are concerned there will be confusion on which authority should a barangay follow in case it opts to be part of the Bangsamoro territory.

The coverage should be provincelevel at the least, he said.

“In many ways, the version passed by the House is more problematic than the draft BBL,” Marcos said. “Sulu archipelago and Zamboanga do not want to join the Bangsamoro area,” he said.

Marcos added the findings of the Senate committee on constitutional amendments, revisions of codes and laws chaired by Sen. Miriam Defensorestablished that it will require amending the Constitution to accommodate certain provisions of the BBL, otherwise it would become unconstitutional.

He noted all the unconstitutional provisions, which some congressmen tried to correct but were not acted upon at the House, and instead were left in their original form.

“All the remedial provisions were not included (in the House-approved version),” he said.

Marcos vowed that the Senate version would be fine-tuned in terms of the constitutional concerns before the measure is presented on the floor.

“But I cannot say what version will be passed on the floor, if it will be far different compared to the committee version,” he said.

Marcos expressed confidence that the Senate will come out with the version that would abide with the 1987 Constitution.

“I cannot defend a version which I don’t believe in,” he said. “I cannot allow what happened to the House of Representatives to happen at the Senate.”

Marcos said every provision will be dealt with by each senator unlike in the House version which was actually the version wanted by Malacañang.

Marcos lamented the passage of the BBL by the ad hoc committee led by Cagayan de Oro Rep. Rufus Rodriguez became political, pointing out the proposed autonomous deal was voted upon by congressmen a few days after a meeting with President Aquino in Malacañang.

Marcos said the House panel should have realized that the issue was peace and the lives of people and not “political expediency.”

Escudero, on the other hand, expects the measure would be the subject of heated debates at the Senate. He doubts the measure will be passed before President Aquino delivers his last State of the Nation Address (SONA) in July.

“Apart the opt- in clause, I am also not in favor that a barangay can decide to join the Bangsamoro region through a plebiscite,” Escudero said.

Marcos said he hopes to finish the hearings by June 3. He will discuss this week with his colleagues the timetable for the BBL, including their respective concerns.

From a few provinces, Escudero noted the provision in the House version allowing 10 provinces to be included in the Bangsamoro-controlled area.

During House deliberations, Zamboanga City Rep. Celso Lobregat also expressed concern over the opt-in provision, saying this could cause instability within Mindanao.

Former Supreme Court chief justice Hilario Davide Jr., one of the main convenors of the Malacañang-backed peace council, also recommended the removal of the provision.

“‘The core Bangsamoro territories should not be allowed to increase indefinitely by the periodic votes of 10 percent of registered voters in the outer territories,” Davide said in a hearing at the House last month.

“The establishment of a plebiscite that fixes the territory is a congressional prerogative that cannot be delegated. A perpetual opt-in provision makes the Bangsamoro territory indefinite and keeps the organic act in constant flux,” Davide said.

Former interior secretary Rafael Alunan led a group in claiming the BBL will subvert the Constitution and sovereignty of the country.

Alunan, convenor of the Christian Peace Alliance (CPA), said they are going before the Supreme Court to question the government’s decision to enter into an agreement with the MILF that he said, “would practically divide the nation and pose a clear and present danger to the republic.”

The CPA joined other groups in a prayer rally at Rizal Park yesterday.

“We are going to the Supreme Court then lobby at the Senate to make them realize that passing the BBL will not solve the Mindanao problem but rather ignite a fire that will further push the country to the brink of civil war,” said Ric Fulgencio, chairman of the groupSantiago Stop Corruption Philippines that joined the prayer rally.

According to Fulgencio, the BBL is being pushed by Malaysia, with the state of Sabah as the real motivation.

“The most alarming situation being faced by our republic is the intervention of rival states and international institutions like Malaysia and the Organization of Islamic Cooperation in our domestic affairs,” he said.

Fulgencio said the most viable and non-controversial solution to the problem is to improve the Autonomous Region in Muslim Mindanao.

“The ARMM election should be synchronized with the 2016 national elections to enable the people of the region to choose their preferred representatives and legitimate leaders,” Fulgencio argued.