Responding to Senator Ferdinand Marcos Jr.’s
statement that one reason for the delay in the submission of his committee
report on the Bangsamoro Basic Law (BBL) is the difficulty in incorporating
provisions on the decommissioning of Moro Islamic Liberation Front (MILF)
weapons and combatants, a lawyer of the government peace panel said that
decommissioning actually need not be included in the law.
Atty. Sittie Amirah Pendatun explained that “we have explained many times before that decommissioning as well as the broader normalization process need not be in the BBL.”
According to Pendatun, the primary reason why decommissioning and the normalization process are not in the proposed BBL is because the Constitution prohibits the creation of a bill with more than one subject, citing Art. VI, Sec. 26(1) of the 1987 Constitution which says “every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.”
“The BBL is really about the establishment of an autonomous region. It’s about the creation of a political entity which seeks to establish an inclusive system of governance for a multicultural segment of the Philippine population, and not about the MILF per se,” Pendatun stressed.
“For this reason, the normalization program is not a pertinent subject of the proposed BBL,” she explained. “In fact, if we include two subjects, there’s a possibility that this will be challenged in court for non-compliance with the constitutional requirement.”
In addition, Pendatun said that decommissioning does not need new legislation as it is within the power of the president to conduct peace talks and ensure the wellbeing of the country.
“We believe that the current legal framework empowers the President to enter into and implement the peace agreement, including decommissioning,” she said. “Thus there is no need for a new law.”
“The Supreme Court decided in a case that the President is the one in power to conduct peace negotiations. That is implicitly included in his powers as Chief Executive and as Commander-in-Chief,” Pendatun said.
Atty. Sittie Amirah Pendatun explained that “we have explained many times before that decommissioning as well as the broader normalization process need not be in the BBL.”
According to Pendatun, the primary reason why decommissioning and the normalization process are not in the proposed BBL is because the Constitution prohibits the creation of a bill with more than one subject, citing Art. VI, Sec. 26(1) of the 1987 Constitution which says “every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.”
“The BBL is really about the establishment of an autonomous region. It’s about the creation of a political entity which seeks to establish an inclusive system of governance for a multicultural segment of the Philippine population, and not about the MILF per se,” Pendatun stressed.
“For this reason, the normalization program is not a pertinent subject of the proposed BBL,” she explained. “In fact, if we include two subjects, there’s a possibility that this will be challenged in court for non-compliance with the constitutional requirement.”
In addition, Pendatun said that decommissioning does not need new legislation as it is within the power of the president to conduct peace talks and ensure the wellbeing of the country.
“We believe that the current legal framework empowers the President to enter into and implement the peace agreement, including decommissioning,” she said. “Thus there is no need for a new law.”
“The Supreme Court decided in a case that the President is the one in power to conduct peace negotiations. That is implicitly included in his powers as Chief Executive and as Commander-in-Chief,” Pendatun said.
Pendatun reiterated that the President as Chief
Executive “has general responsibility to promote public peace,” and as
Commander-in-Chief has the “specific duty to prevent and suppress rebellion and
lawless violence," while noting that "normalization, which includes
decommissioning, is a measure to promote public peace and to prevent or
suppress rebellion."
Citing jurisprudence, Pendatun also noted that “the President must be given leeway to explore solutions for the implementation and to end hostilities, because the President is in a singular best position to know the grievances and also know the measures to address these grievances.
Finally, according to Pendatun, the Constitution already provides a guideline for the content of an organic act such as the proposed BBL.
“The Constitution itself provides the guidelines for it. We have two sections: Article X, Sec. 18 and Article X, Sec. 20,” Pendatun explained. “According to the Constitution, an organic act should contain the basic structure of government, [both] executive and legislative, the creation of special courts, provisions on the conduct of a plebiscite, and the legislative powers of the proposed entity. And all of these matters are already included in the proposed BBL"
The decommissioning process has already formally begun on June 16, 2015 with the ceremonial turnover and decommissioning of MILF weapons and combatants, despite delays in the passage of the BBL in Congress. Further developments in the decommissioning process are expected with progress in the implementation of the Comprehensive Agreement on the Bangsamoro, which includes the passage of the BBL, conduct of a plebiscite in the envisioned core territory and the establishment of the Bangsamoro region. (OPAPP)
Citing jurisprudence, Pendatun also noted that “the President must be given leeway to explore solutions for the implementation and to end hostilities, because the President is in a singular best position to know the grievances and also know the measures to address these grievances.
Finally, according to Pendatun, the Constitution already provides a guideline for the content of an organic act such as the proposed BBL.
“The Constitution itself provides the guidelines for it. We have two sections: Article X, Sec. 18 and Article X, Sec. 20,” Pendatun explained. “According to the Constitution, an organic act should contain the basic structure of government, [both] executive and legislative, the creation of special courts, provisions on the conduct of a plebiscite, and the legislative powers of the proposed entity. And all of these matters are already included in the proposed BBL"
The decommissioning process has already formally begun on June 16, 2015 with the ceremonial turnover and decommissioning of MILF weapons and combatants, despite delays in the passage of the BBL in Congress. Further developments in the decommissioning process are expected with progress in the implementation of the Comprehensive Agreement on the Bangsamoro, which includes the passage of the BBL, conduct of a plebiscite in the envisioned core territory and the establishment of the Bangsamoro region. (OPAPP)
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