Public Statement of Jesus Dureza
Volume XVII NO. 36 (June 28 to July 4, 2014)
STATEMENT OF FORMER PRESIDENTIAL PEACE ADVISER JESUS G. DUREZA RE CONSTITUTIONAL ISSUES ON MILF PEACE AGREEMENT:
“THE RECENT STATEMENTS OF PRES AQUINO THAT THERE ARE NO CONSTITUTIONAL ISSUES BUGGING THE COMPREHENSIVE AGREEMENT ON THE BANGSAMORO ( CAB) ARE RE- ASSURING — IF CORRECT AND TRUE.
HOWEVER, WITH DUE RESPECTS, I HAVE SERIOUS RESERVATIONS TO THE PRESIDENT’S SEEMINGLY “CAVALIER” ASSESSMENT THAT “ALL IS WELL AND OK”. ALTHOUGH I HAVE NOT SEEN THE DRAFT OF THE PROPOSED BANGSAMORO BASIC LAW ( BBL) I HAVE SERIOUS DOUBTS ABOUT THOSE PRESIDENTIAL ASSURANCES SIMPLY BECAUSE THE MILF REPEATEDLY AND CONSISTENTLY REJECTED AND REFUSED TO USE THE PHIL CONSTITUTON AS ONE OF THE FRAMEWORK “REFERENCES” DURING THE WHOLE COURSE OF THE PEACE NEGOTIATIONS. AS A MATTER OF FACT, EVEN THE MERE MENTION OF THE PHIL CONSTITUTION IN ALL OF THE AGREEMENTS SIGNED WAS REJECTED BY THE MILF ALL THROUGHOUT. ( GO CHECK THE 12 SIGNED AGREEMENTS FROM 1997 UNTIL 2014 TO SEE WHAT I MEAN. ) I KNOW BECAUSE I WAS THERE BEFORE. THE MILF SIMPLY REFUSED TO BE CANALIZED BY THE CONSTITUTION, UNDERSTANDABLY, BECAUSE SOME PROVISIONS OF OUR BASIC LAW COULD VERY WELL BE THE REASON WHY THERE WERE HISTORIC INJUSTICES SUFFERED BY THE BANGSAMORO WHICH THEY WANTED REDRESSED. HENCE THE PRESENCE OF CONSTITUTIONAL ISSUES MUST BE EXPECTED AND SHOULD NOT BE A SURPRISE TO ALL. SO, LET’S NOT GLOSS OVER IT OR JUST PRETEND IT IS NOT THERE. INSTEAD IT SHOULD BE DEALT WITH DECISIVELY. THAT WAS THE PRECISE REASON WHY THE CAB, ANTICIPATING THIS, MANDATED AND EXPRESSLY DIRECTED THE TRANSITION COMMISSION TO CRAFT ACTION PLANS FOR CONSTITUTIONAL AMENDMENTS, IF THE NEED SHALL ARISE. I MAY BE WRONG BUT A CURSORY READING OF THE CAB AND ITS ANNEXES POINTS TO THE NEED FOR CONSTITUTIONAL AMENDMENTS. UNDULY STRETCHING THE LETTER AND SPIRIT OF OUR BASIC LAW TO ACCOMMODATE BORDER-LINE ISSUES IS RISKY. POSSIBLE CHALLENGES OF CONSTITUTIONALITY BEFORE THE SUPREME COURT SHOULD BE AVOIDED, AS MUCH AS POSSIBLE. THERE ARE ALREADY DISSENTERS WHO ARE JUST MERRILY “WAITING IN AMBUSH”TO HAVE THE CAB STRIKEN DOWN. LET’S DENY THEM THAT PLEASURE. THE FAILED MOA-AD DURING OUR TIME SHOULD BE INSTRUCTIVE.
TO IGNORE IT IS NOT PRUDENT. WE CANNOT — AND SHOULD NOT — RISK A REPEAT.
MY UNSOLICITED ADVICE IS TO GRAB THE BULL BY THE HORNS AND GO FOR CONSTITUTIONAL AMENDMENTS, HOWEVER LONG AND ARDUOUS THE ROAD MAY BE. A BIG RESERVOIR OF SUPPORT FOR PEACE IS OVERFLOWING ITS BRIM RIGHT NOW. WE NEED TO INVEST ONLY A LITTLE MORE TIME AND SOME AMOUNT OF PRESIDENTIAL POLITICAL GOODWILL — WHICH IS ALSO REPUTEDLY OVERFLOWING — TO MAKE IT HAPPEN. WE CANNOT SURVIVE A SECOND DEBACLE!/ADVOCACY MINDANoW FOUNDATION, INC. (AMFI)/Follow us at Twitter: AMFI_Mindanow/Email us: info@advocacymindanow.org/Visit us: www.advocacymindanow.org