BEFORE Congress
resumes sessions on July 23, contingents from the Senate and the House of
Representatives will sit in a bicameral conference to iron out differences
between their respective bills on the Bangsamoro Basic Law (BBL) and craft a
unified version, likely with help from the Bangsamoro Transition Commission
(BTC), which drafted the original bill that was certified urgent by President
Rodrigo Duterte.
Senate Majority Leader Juan Miguel Zubiri, however, expects tumultuous debates
before the unified version is crafted to finally legislate self-rule for Muslim
Filipinos, which was part of the 2014 peace accord between the Philippine
government and the main Muslim rebel group, the Moro Islamic Liberation Front
(MILF).
“It’s
going to be bloody,” Zubiri said of the deliberations.
So how do the House and Senate
versions of the BBL compare with each other?
Where they meet,
diverge
Both
agreed on holding only one plebiscite to determine which areas in Mindanao
would join the envisioned Bangsamoro political entity. They had scrapped BTC’s
planned multiple plebiscites — one every five years for 25 years.
The
areas that could vote to join the region include the present Autonomous Region
in Muslim Mindanao (ARMM), the cities of Cotabato and Isabela, six municipalities
in Lanao del Norte (Baloi, Munai, Nunungan, Pantar, Tagoloan, and Tangkal), 39
barangays in six municipalities in Cotabato province (Aleosan, Carmen, Kabacan,
Midsayap, Pigkawayan ,and Pikit), and adjacent areas.
Both
bills do not have an “opt-out” provision for local government units (LGUs) that
may want to leave the Bangsamoro region.
Both
agreed to reduce the annual block grant, or the development fund automatically
appropriated for the Bangsamoro region annually, from the proposed six percent
to five percent of the central government’s revenue.
The
House, however, inserted a provision stating that “the block grant shall be
released based on development plans and programs and performance-based
criteria” prescribed by a fiscal policy board.
To
be sure, there are similarities but there are more differences between the two
versions of the proposed BBL.
Wealth-sharing scheme
One
major difference is on the wealth-sharing arrangement between the Bangsamoro
government and the central government.
The
House kept the BTC proposal — 75-25 of locally generated revenue in favor of
the Bangsamoro. The Senate had set it at 50-50.
The
Senate version stated explicitly that the Bangsamoro people were “citizens of
the Republic of the Philippines” under the Constitution. This does not appear
in the House version.
The
Senate deleted mention of Palawan as belonging to the historical range of the
Bangsamoro.
The
House identified 20 reserved powers of the central government, including those
covering the financial and banking system, the Armed Forces, the National
Police, jail management, fire protection, the Coast Guard, and elections.
The
House said “primary responsibility over public order and safety” over the
region would be a national government function.
The
Senate version removed the entire provision, stating that all powers not
granted to the Bangsamoro shall be vested in the central government.
The
House identified 21 “concurrent powers” shared by the central government and
the Bangsamoro, including those over energy, natural resources, public utility
operations, budgeting, education, and health.
Islamic banking,
justice
For
the House, the power over Islamic banking and the Shariah justice system has to
be shared with the national government in recognition of the functions of the
Bangko Sentral ng Pilipinas and the Supreme Court.
The
Senate, however, removed this section on “concurrent powers” altogether as it
may cause confusion.
It
also removed the term “exclusive” from the section on the Bangsamoro’s
exclusive powers, saying its government shall just “exercise authority” over
certain identified sectors. The House retained the word.
The
Senate added a prohibition on political dynasty, which does not appear in the
original BTC or House versions.
The
Senate explicitly stated that the rights of indigenous peoples (IPs) granted by
the Indigenous People’s Rights Act (Ipra) shall be preserved and not
diminished.
The
House did not mention the Ipra, stating only that the Bangsamoro government
shall recognize and promote the rights of non-Moro IPs “within the framework of
the Constitution and existing laws.”
Duterte assured
House
members wary of constitutionality retained the national government’s power over
the law enforcement agencies, the administration of justice, and the functions
of the constitutional commissions.
Congress
leaders have assured President Duterte that the unified version of House Bill
No. 6475 and Senate Bill No. 1717 would be ready for signing into law on July
23, the day he delivers his third State of the Nation Address.
Zubiri
said one contentious provision was allowing five towns in Lanao del Norte and
39 barangays in North Cotabato to join the Bangsamoro region through a majority
vote of its residents in a plebiscite.
These
LGUs had voted for inclusion into the ARMM in 2001, but remained in their
predominantly Christian mother provinces or towns that had opted out of the
autonomous region.
The
House added a qualifier to its version: The LGUs may only join the Bangsamoro
region if their mother province or town votes for inclusion.
Zubiri
repeatedly warned his colleagues during the deliberation that such a provision
might trigger bloodshed in those areas, which were considered hotbeds of conflict
because the MILF had encampments there. (DJ Yap & Vince F. Nonato,
inquirer.net / Google News PH
The
Senate retained the BTC proposal upon the appeal of the peace negotiators. (DJ
Yap & Vince F. Nonato, Inquirer.net / Google News PH/MINDANAO EXPOSE’)