The Supreme Court (SC) has ordered the Moro Islamic Liberation Front (MILF) along with Malacañang to answer two suits challenging the constitutionality of the controversial negotiations through the Framework Agreement on the Bangsamoro (FAB) and the Comprehensive Agreement on the Bangsamoro (CAB) which led to the Congress’ draft on the Bangsamoro Basic Law (BBL).
In a press briefing yesterday, court spokesman Theodore Te announced that the high court ordered two separate cases on the controversy to be consolidated.
The consolidated case was originally filed separately by former Negros Oriental Rep. Jacinto Paras (docketed as GR 218407) and the Philippine Constitutional Association or Philconsa (docketed as GR 218406).
The respondents in the case were required to submit their comment on the petition and the application for a temporary restraining order (TRO) within 10 days.
The Philconsa case had included the MILF among its respondents which also include the Secretary of Budget and Management and the Commission on Audit.
A third case filed by a certain Rolando Mijares docketed as UDK 1597 was dismissed by the court for being premature, as the complainant focused on the BBL which has not even been enacted into law and therefore is non-existent.
Also yesterday, Associate Justice Marvic Leonen who served as the chairman of the government negotiating panel that negotiated the FAB before being appointed to the Supreme Court, voluntarily inhibited himself from participation in the cases.
The SC announced that Leonen’s recusal encompasses pending cases and future cases involving the FAB, the CAB and the Bangsamoro Basic Law (BBL).
The FAB states that “One of the more important steps in changing the present situation is the establishment of the “Bangsamoro”— the new autonomous political entity in Mindanao. The Bangsamoro will have the necessary powers to run its own government, including the powers necessary for taxation, availment of funds and the creation of wealth, and sharing of revenues from the utilization, development and exploitation of natural resources within its territory.
“ In recognition of the distinct history, culture, and aspirations of the Bangsamoro, the Bangsamoro Government shall enjoy stronger autonomy compared to the local government units of the Philippines. The Bangsamoro shall also have a different form of government, while the rest of the Philippines has a “’presidential’ form. In the parliamentary form of government, there will be a closer relationship between the legislative and the executive branches of government. “In addition, the Bangsamoro Government shall have competence over the Shari’a justice system, and indigenous systems of conflict resolution.”
The CAB, without the annexes, has 5 pages, representing the final peace agreement between the GPH and the MILF.
A week ago, Philconsa asked the SC to void the agreement forged by the government with the MILF for the proposed creation of a Bangsamoro entity in southern Philippines.
Petitioners Philippine Constitution Association (Philconsa) and former Negros Oriental Rep. Jacinto Paras asked the high court to declare unconstitutional and void the CAB, as well as the earlier FAB.
Both alleged that the government peace panel committed grave abuse of discretion in signing the FAB and CAB on Oct. 12, 2012 and March 27, 2014, respectively, as both are mere revivals of the Memorandum of Agreement on Ancestral Domain forged by the previous administration with the MILF and which was declared unconstitutional by the high court in October 2008.
Malacañang questioned the timing of the petition and branded it baseless. Senate President Franklin Drilon predicted that the SC will junk the Philconsa petition.
Meanwhile, Sen, Ferdinand “Bongbong” Marcos said that ensuring a business- and investment-friendly environment in Mindanao is one of the goals of the substitute BBL, as he assured European businessmen in the Philippines yesterday.
Marcos, Chairman of the Senate committee on local government tasked to tackle BBL, was the guest speaker of the European Chamber of Commerce of the Philippines (ECCP) during their luncheon meeting yesterday at Makati Shangri-la Hotel. He is also pushing a substitute BBL that addresses significant flaws of the draft BBL.
He explained that the BBL essentially aims to recalibrate the terms of the political autonomy granted to the Muslim Mindanao region based on the government’s peace agreements with the Moro Islamic Liberation Front.
However, Marcos said the draft BBL suffers from constitutional infirmities. In addition, it grants exclusive powers to the Bangsamoro government, which could have serious implications on business and the investment climate in Mindanao.
“I am mindful of all these ramifications and the repercussions of the BBL proffered by Malacañang. To address these, I have vowed to consider all the relevant views and the helpful suggestions that the committee was able to gather during its several hearings, in order to craft an amended bill that is inclusive and beneficial to all,” Marcos said.
“I am doing this in recognition and in respect of the various interests that stand to be affected and threatened by this monumental legislation, including those of the business sector, both local and foreign, which depend on the healthy operation of the markets in the Philippines for their survival,” he added.
Under the draft BBL, the Bangsamoro government would enjoy exclusive powers governing taxation; the regulation of trade, industry and investment and business; and labor and employment. These powers cover various industries and sectors including power generation, distribution and transmission; mining policy; agriculture and food security, including the manufacture of food, drinks and drugs; land management and housing; regulation of public utilities, including take-over powers; regulation of the financial and banking system; among others.
Emphasizing that these are exclusive powers to be granted to the Bangsamoro government, Marcos said it is possible for the Bangsamoro legislature to enact laws that could amend, render inapplicable, or even supplant laws that otherwise apply to the entire Philippines. For example, Marcos said the Bangsamoro government can enact and implement within its territory its own tax code, labor code, trade and investments laws, banking laws, and other similar regulations. 

Source: The Daily Tribune