Former chief justice Davide on BBL

The BBL may be a regional legislation, but it has a national interest at stake

The Senate Sub-Committee on the Bangsamoro Basic Law had its 6th public hearing on Feb. 5, 2018 to discuss the constitutional, taxation, and mineral and natural resources sharing issues within the bills filed in the Senate. As a member of the Bangsamoro Transition Commission (BTC), I was invited by the Sub Committee chair, Sen. Migz Zubiri, to attend.

In the said Senate hearing, two framers of the 1987 Philippine Constitution were invited as resource persons. They were retired chief justice Hilario Davide Jr. and Dr. Florangel Rosario Braid.

Here, in Davide’s own words, are the points that I learned from him about the BBL:

First, the passage of a law that creates an autonomous region is a constitutional mandate. Unlike ordinary legislation, the passage of the BBL is not merely part of the regular exercise of the State’s legislative powers. It is the performance of a sacred constitutional duty.

Second, the passage of an organic law for the autonomous region is compelled by the imperative of correcting the injustices of the past, the urgency of the socio-economic- political context at present, and the uncertainty of having a similar opportunity in the future.

The negotiations for a Bangsamoro peace agreement have dragged on for 20 years. The result is an autonomous law that broadens the original one and more fully complies with our government’s Constitutional promise and duty.

Third, autonomy, especially in the context of the Constitution’s mandate for the creation of autonomous regions is, in itself, a peculiarity, and the region that is given autonomy must be recognized and respected for its uniqueness. Autonomy and self-governance are not equivalent to independence or statehood. It is a statement of national unity achieved not just by acknowledging human diversity, but allowing diversity to thrive.

Fourth, the BBL must be understood as an extraordinarily special law, not only because of its nature as an organic act, but also, and more importantly, as an embodiment of a peace agreement, the product of prolonged negotiations. The negotiations were done with the participation of international facilitators and observers.

The drafting of the BBL underwent an elaborate process, even necessitating the creation of a composite Bangsamoro Transition Commission. Understanding the nature of the BBL will place greater significance on the legislative process and put it in the proper perspective. The legislative process must be seen as an indispensable and final step to complete and implement the agreement.

Fifth, the Constitution must be interpreted liberally, so as to give life to its provisions, and allow the fulfillment of the decades-old mandate for genuine regional autonomy. In interpreting the BBL, any doubt must be construed liberally, and not restrictively, so as to give life to the constitutional mandate.

In the next few weeks, both the Congress and Senate will have their series of public hearings and consultations in the different provinces and municipalities/cities regarding the BBL. The BBL may be a regional legislation, but it has a national interest at stake. Our nation must support this initiative with an informed opinion.--