“The Senate and the House, which are both dominated by Rody’s allies, assured the public the final BBL version could withstand ‘legal scrutiny.’”
A chicken-and-egg situation has emerged in the Bangsamoro Basic Law (BBL) and the Federal Charter.
The answer to which comes first would be crucial in the success of both signature programs of President Rody Duterte.
The Palace wanted the BBL ahead of the Federal Charter and administration allies in Congress said the law can be passed before Rody’s third State of the Nation Address (Sona) on July 23.
A BBL within this month will certainly be a cause for celebration among those who had hoped for autonomy for the Muslim provinces which include Rody but experts warned that it would lead to bitter legal skirmishes.
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Even putting the best efforts to make features of the bill constitutional, experts in Muslim Mindanao affairs believe it will still run into painful and long-drawn litigations.
Several law experts said the BBL and the 1987 Constitution can’t be reconciled and the best option would be to wait for the crafting of the Federal Charter to accommodate the provisions of the autonomy law.
Certain autonomy provisions such as the contentious opt-in clause makes many legislators apprehensive about the constitutionality of the BBL.
The questioned provision allows several areas to submit a resolution or petition signed by 10 percent of their registered voters to be allowed to join the region.
Also, the provision that would automatically transfer to the proposed Bangsamoro region the several municipalities of the Autonomous Region in Muslim Mindanao (ARMM) is considered unconstitutional.
Legislators said the Supreme Court (SC) already stated in a ruling the need for a plebiscite in individual provinces to be able to join the ARMM which the BBL seeks to replace with the Bangsamoro region.
The Senate and the House, which are both dominated by Rody’s allies, assured the public the final BBL version could withstand “legal scrutiny.”
While the assertion could be true, the bill could be subjected to endless challenges that could defeat the aim of the BBL providing the solution to the Muslim autonomy problem.
Rody has shown impatience on having an autonomy law that will cure the defects in ARMM and grant the self-determination that Muslim Filipinos had long sought.
A BBL in place before the Federal Constitution would also make the Bangsamoro region a model for the Federal regions.
University of the Philippines (UP) professor and political analyst Chito Avecilla said the approval of a Federal Constitution will make the BBL moot and academic.
Those who have thoroughly examined the BBL bill also said many of its provisions can only be executed under Federalism.
Proponents of Federalism, for their part, said the BBL can be incorporated in the new Constitution and have it included in the plebiscite.
Rody’s sense of urgency on the BBL is logical, however, after the nation underwent the destructive Marawi City siege staged by pro-Islamic State (IS) forces.
He had warned the threat would not subside unless genuine autonomy was granted to Filipino Muslims.
Recent military encounters provide solid evidence several IS groups remain and foreign elements, mainly Malaysians, have been active in propagating in Mindanao the dreaded fundamentalist Islamic ideology of the IS.
Most of the IS recruits come from Muslim regions who are frustrated by the delayed promise of enhanced autonomy.
The narrow options given to Rody, thus, is for him to work for the early passage of the BBL and worry about the imminent legal challenges or wait for the Federal Charter and risk more discontent that would be a breeding ground for the evil schemes of the IS.
Rody apparently believes he is better off fighting the loud politicians around him who are against the BBL rather than face the prospect of explaining to Filipinos if another attack from the IS comes.
With such tough problems facing him, it is easy to sympathize with Rody on his yearning to finish the pledges he made to Filipinos and for him to return to peace and quiet in his native Davao City.