A Federal government should be in place before the Bangsamoro Basic Law (BBL) is enacted, not the other way around, an expert on Mindanao affairs said.

The view contradicts current moves of the Duterte administration to have the BBL in place ahead of the approval of the Federal Constitution that experts say may expose the autonomy law to several challenges with the Supreme Court on its Constitutionality.

Mindanao-based scholar and consultant of the Institute for Autonomy and Governance Fr. Eliseo Mercado in a televised interview said some BBL provisions can only be executed under federalism, thus the need for a new form of government before the law granting autonomy to Muslim provinces can be implemented.

Mercado’s view may be ominous since the Constitutional Commission (ConCom) tasked to propose the provisions of the Federal Constitution said it has completed the provision outlining the distribution of powers between the federal and regional governments and the structure of the federated regions.

Concom senior technical assistant and spokesperson Ding Generoso said the ConCom is set to vote on the whole draft today.

“We will have the en banc voting, nominal voting on the whole draft of the Constitution.

Every member will rise and explain their vote on the entire draft,” Generoso said.

After voting, Generoso said several copies of the 105-page draft will be submitted to the office of President Rodrigo Duterte on or before July 9.

“The full implementation of the peace pact will happen only when the amendment to the Constitution comes. That draft of BBL, especially the structures of powers, can only be possible in a federal form of government,” Mercado said.

The Senate and the House of Representatives are set to reconcile the differences of their respective versions of the BBL.

He said passing the BBL will only be the “Phase 1” of the peace process.

“A formal peace agreement can only be implemented when we have shifted to federalism,” Mercado said.

Mercado added the Bangsamoro people is now veering away from a destructive confrontation after the Marawi siege, saying he believes in the resiliency of the Maranaos to get back on track.

“The Maranaos are entrepreneurs,” said Mercado. “They can build according to their own designs. They don’t need foreigners to help them.”

“The government only needs to help them, perhaps by giving credit without interest,” he added.

“There are a thousand and one ways of rebuilding Marawi without relying on foreign design,” Mercado noted. “Maranaos can rebuild their homes while the government can take care of public spaces like schools, roads, hospitals,” he added.

“The people can build to their own liking and design,” Mercado said.

The ConCom is set to present a draft of the new charter before the Chief Executive’s third State of the Nation Address (SONA).

The Concom will also proceed with regional presentations and consultations until August 19. Feedback gathered from consultations will be part of the committee’s final report, Generoso said.

Under the draft federal Constitution, the Concom has divided the powers of government into exclusive powers and shared powers.

Both the federal government and the federated regions will have exclusive powers. But there are powers that they will jointly exercise.

“There are powers that are exclusive to the federal government and there are powers that are exclusive to the regional government within their jurisdiction. The regional governments can only exercise their exclusive powers within their jurisdiction, they cannot go beyond their jurisdiction,” Generoso said.

Powers exclusive to the federal government include defense, security of land, sea, and air territory; foreign affairs; international trade; customs and tariffs; citizenship, immigration and naturalization; national socio-economic planning; monetary policy and federal fiscal policy, banking, currency; competition and competition regulation bodies; social security benefits; federal crimes and justice system; law and order; civil, family, property, and commercial laws, except as may be otherwise provided for in the Constitution; prosecution of graft and corruption cases; intellectual property; and elections.

Powers exclusive to the regional government within their jurisdiction include socio-economic development planning; creation of sources of revenue; financial administration and management; tourism, investment, and trade development; infrastructure, public utilities and public works; economic zones; land use and housing; justice system; local government units; business permits and licenses; municipal waters; indigenous peoples’ rights and welfare; culture and language development; sports development; and parks and recreation.

Under the draft Constitution, 18 federated regions are created, composed of 16 symmetrical regions — existing regions plus Negrosanon Federated Region, which will include the province of Siquijor and two asymmetrical regions, namely, Bangsamoro and Cordillera.

Generoso said that Bangasamoro and Cordillera have different designs from other regions because of their “identity-based demands.”

He said the Concom decided to stick to the 18 regions noting that it was the “least disruptive” for transition since these regions are already established.

“The easiest way to do it now is to go with the existing number of regions so that we will not encounter greater difficulties. Because the government already has an existing administrative structure within these regions,” Generoso said.