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Friday, March 29, 2024

Why the rush?

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Jessica Soho’s State of the Nation on Tuesday night did the nation tremendous service—and left me profoundly agitated.  The reporters she called on for more information on the massacre of our SAF men had a very disturbing answer to the question why no reinforcements were sent to prevent our policemen from being slaughtered: “So as not to exacerbate the situation!” 

This should trouble us all, because it means nothing less than that our fallen men were actually sacrificed so that the Moro Islamic Liberation Front would not be angered and the much-touted pioneering achievement of the Aquino administration—peace in Mindanao through the BBL—would not be imperiled.

Wednesday night, it was the turn of the President to face the nation —and aside from confusing more than enlightening, it was clear that he was more eager to be let off the hook.  The bereaved families were even denied the consolation of heartfelt presidential condolences.  The words might have been there, but that he was reciting a standard formulary was unmistakably clear!  In fact, shortly after the President’s rambling remarks, Alvin Elchico and Doris Bigornia on DZMM nationwide echoed the sentiment— albeit restrainedly—that the people did not hear the words they would have wanted the President to utter at a time of national grief. 

If anything, the President was campaigning for the speedy passage of BBL into law.  To this, I say: Let Congress go slow, with deliberateness and reflection, with as much debate as it is able to accommodate.  Should it finally be passed into law, let lawyers, law professors and civic-minded citizens who believe it infirm ask the Supreme Court, through the proper action, to pass upon its constitutionality!

The SAF were hounding a terrorist.  That was their duty, reward or no reward.  What was an international terrorist doing in supposedly MILF territory?  Was he coddled, protected, granted aid and protection by the MILF? These questions cry for answers and should not be passed over in silence.  Even now, the MILF has acted as though portions of Mindanao that its armed cadres control is off-limits to agents of the government of the Republic of the Philippines. 

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What is forthcoming the moment this amorphous entity called “Bangsamoro” receives legislative (and judicial) fiat?  And why would the MILF train their guns on policemen of the Republic of the Philippines?  There is a principle in international law—that I suppose should be applicable in this case too—that even before an international agreement enters into force, parties to it are to refrain from acts that run counter to the purpose of the agreement.  The MILF has been loud—dramatic even —in its protestations about wanting peace.  An agreement is in the works and is currently the subject of study by the legislature, so even assuming that there was no coordination with the MILF, why should the latter’s mercenaries train their weapons on our policemen?

Teresita “Ging” Deles and her caboodle have ballyhooed the supposed support of the (remaining) framers of the 1987 Constitution for Bangsamoro.  Important qualifications are in order.  What the surviving framers support is the creation of a Bangsamoro Autonomous Region —therefore a political subdivision of the State as contemplated by the 1987 Constitution.  But I have argued in my position paper to the Senate that invited me, through Senator Miriam Defensor-Santiago, as a resource person, the grant of power to the un-characterizable entity called “Bangsamoro” far exceeds the powers that an autonomous region enjoys.  This too is Dean Merlin Magallona’s position and that of others.  In fact, BBL calls for the “abolition” of the Autonomous Region of Muslim Mindanao.  What the commissioners who penned the present Constitution say with clarity is that it is the “provisions on autonomous regions…that constitute the essential constitutionality of the Bangsamoro Basic Law.”  That says a lot: They have no problem with the BBL as long as its provisions arise from Constitutional provisions of autonomous regions.  They do not proffer the view that the BBL is constitutional, only that it is “essentially constitutional” insofar as it springs from what the Constitution provides for autonomous regions.

Senator Ferdinand Marcos Jr. acted with propriety in suspending the hearings of his committee on the BBL. It cannot be, he said, business as usual.  I fully support the resolve of Senator Miriam Defensor-Santiago to be judicious, deliberate and reflective on the issue. Justice Florentino Feliciano, ever the incisive jurist, pointed out what he considered were derogations to national sovereignty under the draft BBL.  To this, Deles gave protuberant non sequitur: We have sat through several negotiation sessions to hammer out this deal.  Ms. Deles, that you sat for days and nights proves nothing in respect to the constitutionality of the provisions that scholars question.  If anything, it proves your superb capacity to sit for considerable lengths of time. 

As for Ms. Miriam Coronel-Ferrer, who could barely conceal her annoyance at the reporter who asked what her position now is, after the brazen slaughter of our SAF men, she rhetorically asked: “What is our alternative?”  Is she suggesting that their version of an agreement is the only decent alternative?  There are alternatives that do not include pandering to the MILF and capitulating.  And when push comes to shove, the much-maligned Joseph Estrada showed the nation that there are times the President must turn deaf ears either to applause and derision and do what must be done.  Those, Ms. Ferrer, are alternatives.  Archbishop Soc Villegas of CBCP put it best when it dissuaded the nation from discontinuing the peace talks, while urging that these be unhurried, inclusive and just to all!  That is wisdom!

 

rannie_aquino@sanbeda.edu.ph

rannie_aquino@csu.edu.ph

rannie_aquino@yahoo.com

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