Guingona champions need to bring back deleted BBL provisions in Senate version

MANILA, Sep. 7—During Wednesday’s Senate plenary hearing on the Basic Law for the Bangsamoro Autonomous Region (BLBAR), the amended version of the Bangsamoro Basic Law (BBL) authored by Senator Ferdinand “Bongbong” Marcos, Jr. as Senate Committee on Local Government chair, Senator Teofisto “TG” D. Guingona III questioned the deletions from the original draft, which he believed were vital to the identity and operation of the autonomous region.

“My review of the BBL takes off from the following objectives: first, to highlight the primacy of the Constitution as basis and framework for the mandate of government in peace negotiations and creations of autonomous regions. Second is to acknowledge the nature, context, and significance of the draft BBL both as a legislative measure and a peace process instrument,” explained Guingona.

The lawmaker from Bukidnon began his interpellation by questioning the deletion of the preamble in the Senate BLBAR filed as Senate Bill No. 2894. Guingona argued that Republic Act No. 9054, the bill’s predecessor and the implementing law of the current Autonomous Region in Muslim Mindanao, also a carried a preamble and that had not been found as “constitutionally repugnant.” Republic Act 6734, which preceded R.A. 9054 and established the ARMM, also include a preamble or prefatory statement.

Marcos explained that “constitutionality did not really come into the reasoning that led to the removal of the preamble.” He added that it was done to “remove any suspicion or fear that we are writing a constitution for a separate state.” Conversely, Guingona countered that a preamble is simply an “introductory statement” that “usually states the reasons or/and the intent of [a] law.”

“It would be helpful to have preamble because it will prevent confusion. A preamble is a statement of intent. If you are saying there are fears that [the Bangsamoro] might not be part of the Philippines, that this might be a first step [toward secession], then let us state ‘it is not so’ in the preamble,” added Guingona.