No one was surprised that the Supreme Court junked the petition questioning the legality of the Bangsamoro Basic Law which was still being deliberated by both chambers of Congress when it adjourned sine die last June 11.
The BBL missed its timetable of the Senate and House of Representatives passing it by June 11.
Supporters of the legislation which promises lasting peace for Muslim Filipinos and the country are hopeful that the resumption of the deliberations on the bill after President Aquino’s last State of the Nation Address on July 17 would lead to bill’s eventual passage into a law.
When that time comes, more groups will be questioning it before the Supreme Court.
Before the adjournment of the House of Representatives, Magdalo Representative Gary Alejano raised valid issues during his interpellation of Antipolo Rep. Romeo Acop, one of the vice chairs Hoc Committee on the Bangsamoro Basic Law.
Alejano, who was detained for seven years for his participation in what is known as the Oakwood Mutiny” was a captain in the Philippine Marines. He spent most of his tours of duty in Bangsamoro areas like Lanao del Sur, Maguindanao, Basilan, and Sulu.
In short, he has seen realities on the ground.
“The issue of peace process is very sensitive to me because it is the ordinary soldiers and ordinary Filipinos who suffer in this long-drawn war in Mindanao, Pilipino laban sa Pilipino. It is, therefore, our advocacy in Magdalo to find solutions for a lasting peace in Mindanao,” Alejano said.
Alejano is a member of the Ad Hoc Committee on Bangsamoro Basic Law; Special Committee on Peace, Reconciliation and Unity; and of the Committee on National Defense and Security.
Alejano raised five concerns on the BBL bill that they were deliberating on:
First, compelling reasons why Autonomous Region in Muslim Mindanao has to be abolished;
Second, the questionable role of Malaysia as mediator to the GPH-MILF peace process;
Third, the trustworthiness of the group that the government is negotiating with, in this case, the MILF;
Fourth, the negotiation, per se, in the events leading up to the signing of the peace agreements;
Fifth, the arrangement that would be implemented after the signing of House Bill No. 5811 into law.
Due to space constraints, I’ll focus on Alejano’s concern about the role of Malaysia in the negotiation considering that the Philippines and Malaysia have unresolved territorial claims over Sabah.
Alejano said it was the Moro Islamic Liberation Front, with whom the government is engaged in a peace process with the BBL as implementing legislation that wanted Malaysia as the broker.
Here’s a portion of Alejano’s interpellation:
“As far as I remember, it is not the government of the Republic of the Philippines who requested for Malaysia. It was MILF. The government of the Republic of the Philippines would have wanted other countries, neutral, independent, disinterested, because we know that we have a standing claim to Sabah. But because the MILF insisted for Malaysia, the government gave in.
“Malaysia’s role is inherently questionable for being in a state of conflict of interest. Political support for rebel movements disqualifies one from becoming an intermediary or intercessor for rebels who come to the negotiating table. The fact is that it was Malaysia who, through the decades, supported, trained and gave sanctuary to rebel leaders and the rebel movement in Mindanao. It was the Malaysian government who funded, trained and provided sanctuary to the MNLF since its inception, to the detriment of the Filipino people, until rebel groups signed a peace agreement with the government.
“It is a known fact that aside from being a supply and communication center for Moro rebels in the ‘60s and ‘70s, Malaysia regularly held paramilitary training for these rebels in Sabah. This was government-sponsored. When the MILF suffered heavy losses in combat, MILF leaders such as Sheikh Salamat Hashim would seek refuge in Malaysia and under the Malaysian government’s support. Adding to an already clear conflict of interest is that Malaysia is very much aware of the Philippines’ standing claim to Sabah. Malaysia’s claim is diametrically opposed to the interest of the Philippine government. When Misuari and MNLF pledged support to the Sultanate of Sulu in claiming back Sabah, it is interesting to see that Malaysia dropped all the support to MNLF.
“Aside from the MNLF, the Sultanate of Sulu was sidelined as well in the GPH-MILF peace talks. It would not be too remote to say that Malaysian support to the MILF was in exchange for the latter to drop or stay silent on the Sabah claim.”
The Sultan of Sulu, citizens of the Philippines, has title over huge part of timber and mineral rich Sabah, formerly North Borneo, which covers 22 percent of the Malaysia total area.
Amina Razul, whose family is a member of the Sultanate of Sulu said they have been receiving more than 50 years from the Malaysian government “5,000 ringgit (P62,600) a month.”
Alejano’s concern has found basis in the self-abasing attitude of the Aquino government to Malaysia.
Last March, Malaysian Foreign Minister Datuk Seri Anifah Aman arrogantly said there is no Philippine claim on Sabah when asked for his reaction on VERA Files story on the proposal of the Aquino government to withdraw a 2009 protest to Malaysia on Sabah in exchange for a declaration related to Spratlys that would bolster Philippine case against China.
Anifah said, “Is there a claim? We have never recognised any claim (by the Philippines on Sabah.)”
The Aquino government did not protest Anifah’s arrogant statement.
It seems to me that the Supreme Court, as dysfunctional as it is itself in running efficient, fair courts un-stained by politics and corruption, has become the new dictator of the Philippines, over-reaching to supplant the authorities of the Legislature and the Executive, over-reaching and undermining the other branches of government. Not to mention the Ombudsman (Junjun Binay). The Court should impose standards of restraint that allow other branches of government to perform without having to look over their shoulder at the legal beagles in robes who have an overbearing sense of running other ships. When their own is sinking.
too much a hasty decision of the SC to junk the petition questioning the legality of the BBL which, if passed into law will mean slowly disintegration of mindanao and maybe, the whole philippines within a short span of time.
the glaring inclination of the government on the side of the MILF leaving MNLF in the gutter while neglecting the provisions of the law that created the ARMM as the governing body will lead into a more restless and hostile situation in the whole region and might spread all over the archipelago. seeing the demands of the MILF which is a minority rebel group considered and addressed by the government, expect other tribes arm themselves and ask for their own autonomy.
@ #1…Joe America…even with a very functional SC, it can not just overreach. I still recall the arguments among the FIRST Ministers during their discussion to Include or not the Overriding power to nullify and or overrule the Court Judicial Review in matters the Legislatures deemed very necessary even if the Act infringed on the guaranteed right or rights.
PM Trudeau was against the provision but his Justice Minister Jean Chretien (Who later became one of the longest serving PM) told his PM that without the overriding power there will be No Charter as the Provinces Minister would Never want the Courts to Rule.
And section 33 the Notwithstanding clause, the most Controversial provision in the Constitution Act of 1982 came to life..
and yet the Federal Government has never INVOKED the clause..even when it disagreed strongly with the SC decision.
and the SC will usually give the Govt a year to fix the law or in some instances will encourage the legislature to seek its advisory Opinion if it is not sure if the proposed act is in compliance with the Charter. (question in reference, but non binding..
the end result.. very Rare that the Govt or legislature act end up being nullified by the court nor being Reviewed..
especially if it involves signed agreement and treaty and was aproved by the Parliament..
lately, the SC ruled on the case of a convicted felon for firearms offense and was sentenced to a minimum of 3 years under the recently passed “tough on crime” law..( without theminimum, the convict can qualify for parole after serving 1/3 and be released on Mandatory parole after serving 2/3) As CRUEL and Unusual thereby nulliflying the Minimum Sentence of 3 years for any gun crime and given the Govt a year to fix the legislation..
the govt has to options.. Override the SC rulings Notwithstanding and let the law operates for 5 years maximum and can be reenacted indefinitely..(the voters will decide on this issue by out voting or keeping the govt..) and the second option is to abide with SC rulings by fixing the legislation for compliance or just do nothing and the old law will remain in effect..
my bet is the govt will RESPECT the SC decision
So, when the BBL is approved instead of returning Sabah to Pinas, Malaysia will get all Mindanao thru MILF. Ayun yun eh!
At bakit pinayagan ng mga inutil na Philippine panel, gave in to MILF demand, that Malaysia be the broker while it has conflict of interest? INUTIL talaga ang Pinas panel, they serve Malaysia, not the Philippines!
Don’t pass BBL in its present form, isa-isahin muna ang palpak na provision…at tanggalin ang Malaysia sa usapan.
chi, da because of the being inutil of the commission of the BBL is all of them are always absent in their history of the philippines subject in high school and back in their social istadies in elementary school, they are always playing either gagamba fighting or rubber band blowing contest. that’s airplane and simple. what about the commission? the put, just like that? (ang lagay, ganu’n na la’ang?)
the GRP panel and the proponents of the BBL obviously sidelined the kirams, the MNLF and most of all THE ORDINARY PEOPLE, both christians and muslims who had been greatly affected by the more than half a century conflict which rebels in one form or another did not mind in their senseless and purposeless struggles. they also disregarded the existence of ARMM created to oversee and implement the provisions of peace agreement between the MNLF and the government. sobra nilang minamadali ang pagpapasa at pagsasabatas ng BBL. ni hindi nila inisip na idaan sa plebesito upang mapulsuhan ang magiging desisyon ng mga tao sa mga lugar na nais nilang maging bahagi ng Bangsa Moro Islamic Federal Republic of Hatsing Salamat. Money money na la’ang ‘ata ang sinasanto ng mga tolongges ni noynoy, eh.
Mags, e kasi nagmamadali maipasa para ma-nominate si Noy sa Nobel, yahahahaha!
This BBL has the blessing of the U.S. With the connivance of the Malaysia govt. who has for been plundering the wealth of Sabah for such a long time that the paying for the rental is nothing parang barya Lang yan……Mindanao outlying islets are a hotbed of lawlessness and terrorism. The Philippine governments are in no position to effectively control and manage those areas.such is the reason why U.S. Prefer Malaysia to extend its influence up to these areas. They look up to Malaysia as the savior who can control that area as they are more develop in terms of military and economically. To them it might be the way to control lawlessness and prevent terrorism in that area. And Malaysia sees them as an opportunity to extend its territorial. Getting Sabah with finality as well the area of BBL.kaya sorry na lang…Philippines….you are being partition piece by piece….if one day you’re gonna wake up and realize that the country is only that part of Luzon….
#1. How does your comment relate to the post, Joeam? You seem not to have read it at all. Are you sad our SC is not cooperating with PNoy with respect to the MILF and Sabah like what your country wants?
Ricelander, I’m with you 100%…Joe Am seems to be a rabid supporter of Aquino who thinks just like his idol. Wonder why a Non Filipino has so much interest in the affair of our country.
Isn’t it obvious that his Noynoying idol does his ‘Great’ American Empire’s every bidding? So why on earth will he not be pleased?
I hear you LCsiao, Noynoy is devoid of competence in leading the country. He is clinging on US for support to stay in power. He does not want to be like Marcos who booted out by US.
#10 Thanks, Ana Duran. This American has grown much too cocky and meddlesome lately, fueled it seems by the adoration of PNoy fànatics congregating in his blog. He now feels eternally obliged to make comment on anything, undàunted by the fact that as à foreigner, he is à guest who must observe some decorum. He makes no bones that he supports the BBL and accuses those opposed to it as political grandstanders and enemies of peace, evil personalities out to derail the good plans of a well-meaning, highly capable, the-best-leader-the-Philippines-ever-had,etc,etc, PNoy.
#13, Pinoy fanatics such as Cythia Patag and Jim Paredes…Joe Am who is a mouthpiece of Aquino governemnt? Must be a terrible job depending Aquino who is a disaster and as done nothing to improve the country.
wala namang suporter na hindi pinagpakamatayan ang pagtatanggol sa iniidolo NO MATTER how glaring ang mga isyung kinapapalpakan.
ginagawa nila, ‘yung kapirasong accomplishment na ginastusan ng karampot na pondo ay dapat ipagpasalamat at ikatuwa ng mga biktima ng kalamidad na pinagkakaitan nila ng angkop na serbisyo at ayuda. ikakatwiran pa ‘yung zen (ewan ko kung sino itong hindoropot na zen na ito!)question daw: “if the tree falls in the forest and no one is around to hear it, does it make a sound?”.
Joe Am should observe proper decorum just like Filipinos in United States whose voices are not heard…or is it a case of superiority complex, feeling his voice is the right one….