Archive for March, 2015


HOUSE BILL NO. 4994: THE PROPOSED BANGSAMORO BASIC LAW.

BASIC NOTES

ON THE PREAMBLE:

WHO ARE  SPEAKING IN THIS PREAMBLE?

THE BANGSAMORO PEOPLE AND OTHER INHABITANTS OF THE BANGSAMORO. THE OPENING STATEMENT READS: “WE, THE BANGSAMORO PEOPLE AND OTHER INHABITANTS OF THE BANSAMORO”.

WHAT COULD BE THE LOGICAL IMPRESSION UPON READING THE CLAUSE “WE, THE BANGSAMORO PEOPLE AND OTHER INHABITANTS OF THE BANGSAMORO”?

IT IS AS IF THIS LAW IS A CONSTITUTION OF THE BANGSAMORO PEOPLE JUST PRESENTED TO CONGRESS FOR APPROVAL.

WHAT IS THE CONSEQUENCE OF THIS IMPRESSION?

IF SO, LOGICALLY THE LAW MUST BE APPROVED FIRST BY THE BANGSAMORO PEOPLE AND OTHER INHABITANTS OF THE BANGSAMORO. OTHERWISE THEY CANNOT HONESLTY SAY “WE, THE BANGSAMORO PEOPLE. . . .”

SECOND, CONGRESS CANNOT IMPOSE THEIR TERMS ON THIS DOCUMENT OTHERWISE, IT IS NO LONGER A DOCUMENT BY THE BANGSAMORO PEOPLE AND THE OTHER INHABITANTS OF THE BANGSAMORO PEOPLE. IT WILL APPEAR THAT THE ROLE OF CONGRESS WILL JUST BE EITHER TO APPROVE THIS DOCUMENT OR TO DISAPPROVE IT.

WHAT IS THE SOLUTION TO AVOID THIS IMPRESSION?

THE BASIC LAW SHOULD READ LIKE OTHER LAWS. IT SHOULD START WITH “WHEREAS CLAUSES”. FIRST WHEREAS CLAUSE MIGHT READ:

“WHEREAS, the Bangsamoro people aspires to establish an enduring peace on the basis of justice in their communities and a justly balanced society. . . . .”

TO BE CONTINTUED.

TO READ HOUSE BILL NO. 4994, JUST CLICK/DOWNLOAD THE FILE BELOW.

NOTES-2015-0001-JAN-2015-BANGSAMORO
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CASE 2014-0061: GOV. LUIS RAYMUND F. VILLAFUERTE, JR., AND THE PROVINCE OF CAMARINES SUR, PETITIONERS, – VERSUS – HON. JESSE M. ROBREDO, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMEN (G.R. NO. 195390, 10 DEC 2014, REYES, J.) SUBJECT/S: AUTONOMY OF LOCAL GOVERNMENTS. (BRIEF TITLE: VILLAFUERTE VS. LOBREDO)

 

DISPOSITIVE:

 

“WHEREFORE, in view of the foregoing considerations, the petition is DISMISSED for lack of merit.

SO ORDERED.”

 

SUBJECTS/DOCTRINES/DIGEST:

 

“In the instant case, the assailed issuances were issued pursuant to the policy of promoting good governance through transparency, accountability and participation. The action of the respondent is certainly within the constitutional bounds of his power as alter ego of the President.

 

It is needless to say that the power to govern is a delegated authority from the people who hailed the public official to office through the democratic process of election. His stay in office remains a privilege which may be withdrawn by the people should he betray his oath of office. Thus, he must not frown upon accountability checks which aim to show how well he is performing his delegated power. For, it is through these mechanisms of transparency and accountability that he is able to prove to his constituency that he is worthy of the continued privilege.”

 

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

SCD-2014-0061-DEC-2014-VILLAFUERTE

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