COTABATO CITY: A former lawmaker from Maguindanao on Wednesday said the draft Bangsamoro Basic Law (BBL) contained in House Bill (HB) 4884 would be able to withstand the “storm” of legal and constitutional scrutiny.
In a position paper, former Rep. Simeon Datumanong of Maguindanao told the House ad hoc committee on the BBL, chaired by Rep. Rufus Rodriguez of Cagayan de Oro, that he believes the draft law will hurdle legal questions even at the Supreme Court.
He said it should draw support from lawmakers from other regions in the country.
Datumanong cited Section 18, Article X of the Constitution which states that “the Organic Act shall define the basic structure of government for the region consisting of the executive department and legislative assembly, both of which shall be elective and representative of the constituent political units.”
“Thus, the choice of Congress to create a parliamentary form of government within the Bangsamoro is well within its plenary authority,” Datumanong said in his paper.
“It (the BBL) is an exercise of its (Congress’) absolute legislative discretion and wisdom. This ‘legislative will’ is absolutely covered by the ‘political question’ doctrine,” Datumanong added.
A former Justice Secretary during the time of former President Gloria Arroyo, Datumanong noted that differing opinions presented by legal experts should be reconciled by the timely “need to revolutionize ideas in order to create the form of government that will best serve the interests of the Bangsamoro.”
He added that the framers of the 1987 Constitution were aware that the solution to the secessionist struggle in Mindanao is an evolving one.
“The framers of the 1987 Constitution are well aware that the solutions to the secessionist problems in Southern Philippines are not quick-fixed, but are constantly evolving,” he said.
He also stated in his position paper that the “historical lessons” of all past agreements made the government see the need “to revolutionize ideas in order to create the form of government that will best serve the interests of the Bangsamoro people.”