No BBL of any kind will solve the Mindanao problem

31

“It matters not how straight the gate
How charged with punishment the scroll
I am the master of my fate
I am the captain of my soul.”

Advertisements

—Invictus by William Ernest Henly

These are trying times for our country. We are at the cross-roads. We have to make choices – to run or not to run; to sit or not to sit; to take a stand or run away; to do battle or sit in silence.

You have to make choices. We, me, I have decided to take a stand and do battle. I have opted to man the barricades and wait for the appropriate time to make the final charge not into the valley of death but into victory so freedom, equality and justice will prevail in this land. The charge will be made in a constitutional sense because I am a man of the law. But even as a man of the law, I am also a Sun Tzu warrior. I don’t aim to lose; I am determined to win whatever it takes to do it. In the words of that legendary coach of the Green Bay Packers, Vince Lombardi, winning is not everything, it is the only thing.

Like the case of the Bangsamoro Basic Law(BBL), otherwise known in the Cebuano speaking provinces and cities as the Buang Buang Law (Crazy Law). This proposal should not pass Congress and the Supreme Court. It is a bill conceived in ignorance and incompetence. Even before it has passed Congress, the agreements which led to the commitment to pass the BBL violate the Philippine Constitution in many points.

It is complete error for Pnoy to enter into the agreements. First, a peace agreement of this kind with the Moro Islamic Liberation Front (MILF) can never bring peace to Mindanao for several reasons, among which are the following: a) there are other guerrilla groups in Mindanao which are against the agreements and the BBL – Moro National Liberation Front (MNLF), Bangsa Islamic Freedom Forces (BIFF), JEM and Abbu Sayaff; and b) there is unbending opposition to the agreements and the BBL by the overwhelming Christian majority and the lumads.

Second, the constitutional infirmities are insurmountable – violation of Section 1 Article I of the Constitution on national territory and sovereignty since they establish a state within the state with sovereign powers equal to the government of the Republic; Section 1, Article II of the Constitution on all government authority residing in the people; Section 1, Article III of the Constitution on the equal protection clause since the Moro would have more rights than the rest of the citizens of this country like divorce and polygamy, among many other privileges; it violates Section 5, Article III of the Constitution since for Islam, that’s the religion of the MILF, government is also its religion, thus establishing a religion within its area; it violates Section 9, Article II of the Constitution which mandates the government to provide a just and dynamic social order that “ensure…an improved quality of life for all” when the creation of the BBL will produce social and political imbalance in the country; it violates section 19, Article II of the Constition which requires “The State shall develop a self-reliant and independent national economy effectively controlled by the Filipinos,” since the Bangsamoro economy will be controlled by Malaysia, Organization of Islamic Countries (OIC) and the emerging Islamic Universal Caliphate for the moment represented by ISIS and ISIL, not to speak of the United States of America; it violates section 26, Article II of the Constitution which provides that – “The State shall guarantee equal access of opportunities for public service,” when the access will be unequal in favor of the Moros as against the Christians and lumads; it violates section 27, Article II of the Constitution which orders the State to “maintain honesty and integrity in the public service when the GRP panel of PNoy has been lying through its teeth about the so-called constitutionality of the agreements and the BBL and their ensuing benefits to the country; it violates Articles VI, VII and VIII which enshrine a unitary and presidential system of government because the BBL creates a sub-state which will have a parliamentary form of government within a presidential system; it violates section 5, Article VII of the Constitution which requires the President to “preserve and defend the Constitution, execute its laws, do justice to every man, and consecrate myself to the service of the Nation” as PNoy has done everything to violate every inch of this provision in favor of the MILF and the Malaysians; it violates Article IX of the Constitution on independent constitutional bodies since BM will have its own independent commission on elections, commission on audit and civil service commission; it violates section 1, Article X of the Constitution since a sub-state is not included in the enumeration of the territorial and political subdivisions of the country and the BM would have more rights than the local government subdivisions; it violates Article XVII on Amendments or Revisions which prescribes methods of amending or revision of the Constitution but the BBL amends or revises the Constitution without going through the process of Constitutional amendments or revisions or by statute or ordinary law.

How anybody could pass the BBL as proposed by PNOY makes me wonder and this is an understatement because it takes an insane person or one affected by Asperger syndrome to imagine it. I suggest the view that even if the BBL would be presented to a discussion and subsequently submitted to vote to the patients or denizens of the National Center for Mental Health (NCMH) in Mandaluyong, it will be a shock treatment resulting to all of them to recover from their mental ailment or, at least, trigger a general lucid interval among them resulting in the defeat of the proposal.

Of course this will never happen. I am just illustrating the absurdity of the BBL proposal.

However, the mainstream media are ecstatic about the proposal of seventeen senators headed by Senator Bongbong Marcos claiming that they have a version of the BBL which can stand the test of the Constitution and the realities on the ground. I have an open mind about the validity and viability of their version.

What are the credentials of these senators who think that the constitutional infirmities of the original BBL and the realities on the ground are different from what PNoy thinks about them, if he knows how to think? Let’s start with Senator Marcos. He is not a lawyer; he is not a professor of Constitutional Law; and on top of that, he is not from Mindanao. What on earth is the reason for his presumptuousness that he has discovered the solution to the BBL and the age-old Mindanao problems?

He should ask mainstream media to print and circulate his version so the people can judge it. General statements do not validate a version or a solution. It is that simple.

Third, the realities on the ground deny the claims that the BBL can solve the age-old problems in Mindanao. It exacerbates the problems. It is a blatant implementation of the policy of ignorant politicians in this country based in Manila to divide and rule Mindanao. That’s what BBL does – divide the Muslims from the Christians and the lumads; divide the Muslims among themselves. But soon enough if these politicians like PNoy do not learn, Mindanao will gun for independence. And that will become imminent because the equation in Mindanao and in the country has changed.

It is not BBL that is the solution to have peace in Mindanao. It is a new system in the country – a federal and parliamentary system because the equation in the country will totally change. We have been suffering fools as our national leaders these past many decades. By change of system, we can have leaders who have the three Bs, in the words of a friend from way back, Nilo Tayag – the BEST, the BRIGHTEST and the BRAVEST. And my friend Nilo was quick to add the three Cs – COMPETENT, CLEAN and COMMITTED.

We cannot find these leaders in elections. In transition, we can only find these leaders in the womb of our people by participating in a dialogue for a CONSTITUTIONAL TRANSITION GOVERNMENT. I urge all elements in this country to participate in this dialogue. Because the alternative is the deluge!

Share.
loading...
Loading...

Please follow our commenting guidelines.

31 Comments

  1. El Cid Fajardo on

    Companiero Bono, leave a space for me to squeeze in in front of the barricades that you are manning, you know me, I am always ready to join the ‘final charge”.you are talking about. Just give me a heads up. God Bless This Nation!

  2. Bono Adaza wa grear lawyer and congressman.He enjoy popularity during his. The probem with these people no matter how great and intelligent they are, they wasted the opportunity given to them during their time.

    I could not remember his contribution as assemblyman. Hirap naman sa inyo, when you were in power , you did not do your part to uplift the Philippines. Puro lang kayo dada ng dada. C’mon guys, of these great men are really great, why our country is still poor and full of corruption. You dont need arocket scientist to the understand that present and past leaders (at whatever capacity) including Bono Adaza did not do a good job for the country. Therefore shut your mouth becasue you were part of the problem. Instead , use your remaining life to teach and guide the young leaders of the Philippines.

    Instead na mag-mentor kayo, kayo pa din yung tumatapak sa baong leaders which everyone know that is vulnerable to make mistakes.

    Tama na kritisismo, I challenge you to be mentor or advocate of change through postive effort and actions by giving insights to the young leader of the is nation.

    Dont waste your remaining time in criticizing, why not spend your time and grooming new leaders with high moral standard.

  3. well in a every problem there is a solution. but if you keep on criticizing the present admin. by not doing something to work with how could you solve the problem. you are like binay… a mouthpiece of the makati mobs.. hahahah lol

  4. El Cid Fajardo on

    Like Nilo Tayag and Bono Adaza, I also want the best, brightest, bravest, competent, clean and committed leaders to run our government. If honest and free elections are a no brainer, possibly, we stand a chance of electing these kind of leaders, provided the voters elect candidates based on their excellent track record, and not on patronage politics. But, we all know this will not happen. Like Bono, I am also a man of the law, being a lawyer. I admit that I have not yet read BBM’s version of the BBL, yet, I find validity in his comment that it is presumptuous for BBM to claim that his version can stand the test of constitutionality and the realities on the ground. It takes a lawyer and constitutional expert to know what is constitutional and what is not; certainly, not a political science, philosophy or economics graduate. Also, the limited time that BBM had to consult with the people on the ground cannot be considered as thorough and exhaustive enough to be able to fully grasp the realities on the ground. For this reason, I have misgivings, if not doubt, that BBM’s version of BBL can provide, as some believe, a good start for an inclusive and sustainable peace in Mindanao. A law that can establish peace in Mindanao will have to be discussed, deliberated and agreed upon only after the 1987 Constitution has been amended to justify the enactment of such a law. I agree with Sen. Miriam Santiago and others who say that the 1987 Constitution does not allow the passage of PNOY’s version of BBL, nor any other version thereof for that matter. However, I disagree with BONO when he says that change can be had thru a constitutional transition government only, because I am not aware, correct me if I am wrong, if it has a historical precedence anywhere in the world. What I know is that men, like Oliver Cromwell, Fidel Castro, Andres Bonfacio to name a few, brought about drastic but desired changes in government using the God-given right of the people to overthrow a corrupt and evil regime. If we try to seek a national consensus for the creation of a constitutional transition government through dialogue, etc., it will never happen, we will just suffer the same fate as those who sought long lasting peace in Mindanao by talking with MILF, to the exclusion of the other stake holders in the region. It seems that our only hope is the eruption of our national anger that will spew enough molten lava to burn in hell all the trapos and thieves who hinder the reign of justice, peace and equality throughout our fatherland.

    • It takes a lawyer to what…? We have a government operating under a constitution and a set of laws CRAFTED AND RUN BY LAWYERS and look where we are. We need another lawyer in this country like we need another hole in the head. The law is very simple and easy to understand, and it becomes complicated and confusing -especially to lawyers themselves- only when there is politics or big money involved, and you know why. Sabi nga nila, kung gusto mong pumunta sa langit, huwag kang mag-abogado.

    • Sometimes our political leanings seems to confuse our own reasoning, did anybody or even Bongbong declares that the substitute BBL is a perfect literary master piece legislative proposal. Senator Bongbong’s proposition will still proceed to legislative progression and other senators can put forward other inputs that will most likely refine, enhance or even contaminate the said proposed law. It can even include all the features in PeNOY’s proposed BBL.

  5. I think all our national elected politicians should take a serious look on the global reduction of crude oil prices. All the big 3 Arab oil producing countries Saudi Arabia, UAE and Kuwait have suffered at minimum of 50 percent reduction of their daily income. These will have great impact on us because we have at least a million OFW working there now. Most of them will definetely loose their jobs and some will be offered a pay cut in the months to come. It will also reduced their remittances to their love once here. Our GDP will also take a big time hit because of reduced gasoline prices which we are now enjoying. When gas prices goes down the EVAT also suffer and so also prices of cement products. It will definetely effect all taxes being collected and if Pnoy in desire to propel Mar Roxas to the presidential derby might resorts to heavy government spending which will increase the inflation of the peso. We could suffer big time recession when Pnoy steps down on June 30, 2016. We could also suffer big time unemployment rate because of large scale influx of OFWs who will be sent home soon. These will be worst calamities that Pnoy will do to our country and this time it is not an act of God but his inaction to suppress it before it happen. Gumawa ka naman ng para sa bayan Pnoy bago ka umalis at kalimutan muna si Mar.

  6. Obviously, Pnoy has just sold Mindanao to Malasia. Supporting BBL is the most stupid thing for a Filipino to do. its nothing but stupidity!!

  7. mauricio palao on

    All that may be true, but the fact is, it is only Senator Marcos who was man enough to stand up to the cabal of President Aquino, Quintos-Deles, Coronel-Ferrer, Iqbal and Ibrahim. All other Senators, including those from whom we expected much, (Drilon, Guingona, Cayetano et al), meekly followed the leader, and like ‘judas-goats’, were prepared to lead us ‘lambs’ to the slaughter. Senator Marcos’ credentials and his family’s notoriety is not at play where the BBL is concerned. These might be grist for the mill at some latter day. For now, I would urge Mr. Marcos to go.. play his hand for all its worth.. and for all Filipinos.

  8. I have to join Mr. Bono Adaza in his quest for a change or shift of our government system. At current, all those aspiring for seat in the 2016 elections lacks the intellectual capability to run the government as what this Pnoy will left behind. Change the Constitution for a better Philippines!

  9. Though system change is desired by some group of people including me, it is never a solution within the context of the problem prevailing in ARRM region at present. You cannot solved the problem by presenting another problem that requires different solution. The situation in ARMM must be resolved under current system, under present law. Most importantly, the development of policy, as long as within the bounds of the constitution or the local government code can be made by the congress and may be acceptable solution. Homobono did not even offer a solution but another problem that requires different solution.

  10. jose taganahan on

    This time I agree with Atty. Homobono Adaza 100’%. This BBL or Buang Buang Law in any form, should not be passed by Congress!.Atty. Adaza and myself who both hails from Mindanao share the sentiments of the overwhelming majority of the Christians in Mindanao who are against the passage of the BBL in any form.

  11. boy blue filomeno on

    as reported, P400 million bought the votes in Congress. likewise, a northern mindanao solon, who earlier dislike the BBL, changed his mind, when he saw the color of the money in his hands. in cebuano, mga Binayaran nga mga Buang ug mga Loko (BBL).

    filipinos should never allow clowns to fool them forever. the fate of our children and our future should be in our hands.

    let the fights of dr. jose rizal, andres bonifacio be alive in our hearts.

    fight for Better Philippines! fight, BONO!

  12. If the BBL is a legacy of this Aquino presidency, in my opinion the Filipino people don’t need it. Kindly take into account the thousands of lives that were lost in war because of the Christians and Muslims of Mindanao cannot settle their disputes. Therefore it should be the military that will settle this disputes and defend our territory. If the Malaysians think they are doing the country a favor in helping us attain peace in Mindanao, the question is if Sabah will be theirs forever or when will Malaysia give it back to their Muslim Filipino brothers. They are actually gaining a foothold on Mindanao and the ones they support may even fight on their side in the name of the Muslim religion. In Federalism, its the Filipino Muslims that can run their regions without outside foreign intervention but with bbl the negotiations are usually done with Malaysia.

  13. What would be the best possible solution to lasting peace in Mindanao if BBL will not be passed. Is there any alternative remedy Mr. Adaza?

  14. Just because BBM is no from Mindanao does not necessarily mean he cannot offer a solution to BBL crisis. Sometimes an observer from afar has better vision and perspective. =)

  15. In that case senator Bong Bong Marcos was right on target. He should be the next president. He is very smart and brilliant. lets swallow our pride in exchange for nationalism and prosperity. I think BBM can bring the country to prosperity thereby increasing the middle class and employment. this is what we want don’t we? food on the table and shelter.

  16. The BBL bill submitted by the executive to Congress is not a peace document. It is an unconditional surrender document that puts into law everything the MILF had demanded. There is no benefit for the people of Mindanao much less the entire people of the PH. The beneficiary of the bill is only the MILF. Junk everything signed with the MILF. Marcos has constructed a much better bill.

  17. If I am not mistaken, I read and it was also published by GMA Net work.> Yes, this BAR not BBL is not perfect Bill , but it is the best so far to solve once for all the problem in Mindanao.

    • This will never solve the problem in Mindana! As long as Muslims are in Mindanao there will be no peach because they don’t want peace at all !!

  18. Amnata Pundit on

    Yes the whole idea is absurd, but more appalling is how this idiot managed to get it supported by many congressmen and senators, including that one in the senate who is supposed to be a top-notch lawyer since martial law (that guy who looks like a pig and you know who I mean) and should therefore know his law. This can only mean we are under the rule of quislings at best or chimpanzees at worst. In either case, we need a revolution very badly already. However I have to disagree about your idea of parliamentary or federalism. What will resonate with the people is a system that will make the people- the 99%- the real power holders in government, not the elite like you or me who live in gated villages. The people who live on the other side of the tracks should be the ones running the government. That is the real democratic system but you will not find that in any textbook. It is not a question of parliamentary, federal, presidential or whatever system there is in a political science high school textbook. The real question should be: Are you ready to betray your class? If you are, then you are ready to lead this revolution.

    • Bonifacio Claudio on

      I, totally agree. But who among the elite’s names NOW — as patriotic as could be for the love of Inang Bayan — would lead the “people” to make a New Society where all Filipinos in all walks of life could live in all harmony, honesty, solidarity in the true spirit of liberty, equality, & fraternity? THAT IS THE QUESTION NOW — “Leader-Who” for The Status Quo or A New Society: YELLOW TO BE OR NOT TO BE?

  19. I am just curious how Deles and Ferrer would rebut what has been stated by Atty. Adaza. in this column.

  20. Read the late Dictator Marcos’ son’s Senate BBL and I agree with Mr. Adaza. JUNK THE BBL.

  21. Mr. Adaza, a soft copy of the substitute bill for BBL is uploaded on Senator Marcos’s website at http://www.bongbongmarcos.com. Anyone can download said bill and read it. You might be surprised because definitely it is a good draft. Kindly review it before you make such sweeping comments about its impossibility. Senator Bongbong seems to be aware that his substitute bill is not a be-all and end-all solution to attain peace in Mindanao, but it will be a good start since it will provide some legal framework to attain peace.

    • Its not even mindanao’s problem, ARRM is just but one region of mindanao. We dont have as much as problem like the ARMM has to deal with. No lawyer, president may that be can solved the problem in ARMM area except for that is which under general consensus of the people brought upon those who under our present and current system requires for the approval of the congress. Bongbong marcos serve for that purpose and obligation. It is his main obligation as chairman of the senate committee on local government to ensure that required process of hearing, consultation. Alongside is his recommendation to the august body. It does not end with question of profession or being resident of mindanao, its a question of doing its obligation and responsibility being a representative and member of the legislative body. A sentiment, having consensus of the people may serve as a policy to which a government must pay attention.