Passing Bangsamoro law to take time – Malacañang

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PASSING the Bangsamoro measure into law will not be easy, Malacañang admitted on Saturday.

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Deputy Presidential Spokesperson Abigail Valte made the admission a day after Presidential Spokesperson Edwin Lacierda announced that the draft Basic Bangsamoro Law (BBL) is only 80 percent done.

“As for the easy approval [of the Bangsamoro law], we have accepted that it will take time because the meat and content of the draft will really change certain structures,” Valte said.
The draft bill on the BBL, which will establish the Bangsamoro region, is the fruit of the Comprehensive Agreement on the Bangsamoro (CAB) which the government and the Moro Islamic Liberation Front (MILF) signed in April.

The CAB includes annexes on transitional modalities, power-sharing, wealth-sharing and normalization or putting MILF combatants beyond use.

The draft measure was submitted to Malacanang for review but Palace lawyers made several revisions, prompting the Executive branch and the Transition Commission to hold  further consultations to iron out the kinks. Once a final Executive review is done, the draft will be submitted to Congress for approval.

“There is a need for it to be crafted so well so it can stand the legal test of Congress and possibly the Supreme Court. That has been our argument from Day 1. We will continue to work with both sides on what is left of the challenging issues and we are very focused on that,” Valte said.

Representatives Jim Hataman-Salliman of Basilan and Celso Lobregat of Zamboanga City said the BBL draft will be scrutinized because Congress will not be a rubber stamp.

“This is a landmark bill, and we don’t want it half-baked because surely, somebody will question its legality once it is on the floor. We want everybody to express their thoughts and participate in its crafting,” Salliman, who heads the House Committee on Peace, Reconciliation and Unity, said.

“The BBL should be comprehensive, inclusive, acceptable, implementable, fair and consistent with the Constitution and national laws,” Lobregat said.

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5 Comments

  1. GRP (negotiators) knows exactly where they stand!? MILF also knew what they are short/missing to negotiate in ‘good faith’–principally; nothing to declare as-ANCESTRAL DOMAIN?!(territorial land)-they are a “FRONT” Organization-same as MNLF-Di po ba?!? Alam-na-Alam yan nang mga nagkunkunwaring Malaysian- Facilitators, na ang talagang tumbok lamang niyan ay ang tuloy-tuloy na pagsakop sa Pag-aari ng SULTANATE NG SULU sa “North Borneo,Sabah-Territory”!!! — Ito ang tunay na dahilan kung bakit ang Federation of Malaysia (PM Najib Razak) ay pumunta pa sa Pilipinas kuno!?—Ang buong SULU SULTANATE (Sultan Esmail Kiram, et. al.) ay nagmamasid ng malalim at pinakikiramdaman ang mangyayari! Ang SULTANATO AY NAGHINHINTAY na kausapin sa tamang Terms and Conditions for the good of ALL concerns!!!mvnoy

  2. If the Govt cannot honor it’s part of the bargain on the Banngsamoro agreement
    how does it expect others especially foreign entities to accept it’s word? Bugs me
    really that the so-called lawyers are unravelling the operational parts of the
    agreement. Weren’t they consulted at the different stages of the negotiations? Now
    in order to make the Bill acceptable to Congress these brilliant lawyers are in fact
    revising the CAB beyond recognition. Suddenly they are disowning the very bases
    of the agreement patched together after long-drawn talks in Kuala Lumpur.

    • Norodin Lucman on

      This calls for a review of the peace negotiations in general. It should now be scrapped by the Islamic forces because it is contaminated by peace spoilers in the government.

    • Seif el Islam on

      Pacta sunt servanda (Latin for “agreements must be kept”[1]), is a brocard, a basic principle of civil law and of international law.

      In its most common sense, the principle refers to private contracts, stressing that contained clauses are law between the parties, and implies that nonfulfillment of respective obligations is a breach of the pact.

      In civil law jurisdictions this principle is related to the general principle of correct behavior in commercial practice — including the assumption of good faith — is a requirement for the efficacy of the whole system, so the eventual disorder is sometimes punished by the law of some systems even without any direct penalty incurred by any of the parties. However, common law jurisdictions usually do not have the principle of good faith in commercial contracts, therefore it is inappropriate to state that pacta sunt servanda includes the principle of good faith.

      With reference to international agreements, “every treaty in force is binding upon the parties to it and must be performed by them in good faith.”[2] Pacta sunt servanda is related to good faith, while pacta sunt servanda does not equate with good faith. This entitles states to require that obligations be respected and to rely upon the obligations being respected. This good faith basis of treaties implies that a party to the treaty cannot invoke provisions of its municipal (domestic) law as justification for a failure to perform. However, with regards to the Vienna Convention and the UNIDROIT Principles it should be kept in mind that these are heavily influenced by civil law jurisdictions. To derive from these sources that pacta sunt servanda includes the principle of good faith is therefore incorrect.

      The only limit to pacta sunt servanda are the peremptory norms of general international law, called jus cogens (compelling law). The legal principle clausula rebus sic stantibus, part of customary international law, also allows for treaty obligations to be…

  3. Now the nowhere man PNoy administration is making excuses by saying they need time to pass the law on Bangsamoro. This is after they already spent millions of pesos in preparation, propaganda, make-believe success, even rewarding Marvic Leonen a seat in the Supreme Court for “his wonderful job in preparing the proposal.” This government is a looser and all of us, citizens are victims of their incompetence.