Bangsamoro beats water zones of LGUs

LAWMAKERS on Tuesday asked why the proposed Bangsamoro region was allowed to stake a larger claim over its territorial waters than those permitted for local government units (LGUs) across the country.

During the ad hoc Committee Hearing on the Bangsamoro Basic Law, Zamboanga City Rep. Celso L. Lobregat asked why peace panels from the government and the Moro Islamic Liberation Front (MILF) arrived at such an arrangement.

“Doon sa MoA-AD (Memorandum of Agreement on the Muslim Ancestral Domain) kinse kilometro lang, ngayon ginawang beinte dos (Under the MOA-AD, waters belonging to the Bangsamoro region only covered those within 15 kilometers from shore. But now, it’s 22.),” Mr. Lobregat said during the hearing, referring to a previous treaty between both parties that was later considered unconstitutional.

A Teacher party-list Rep. Mariano U. Piamonte also disputed the measure, saying that provinces forming the core territory of the autonomous region will be at a disadvantage due to the said arrangement.

“We should really study this law. Because it seems that we are giving more and more concessions to the Bangsamoro but to the disadvantage of the other regions,” Mr. Piamonte said.

Rep. Pedro B. Acharon of the first district of Cotabato also echoed the same sentiments. “We will be the one asked by our people why. Why is it this way, why 22 and 15?” he asked.

Article III of the House Bill 4994 -- the proposed Bangsamoro Basic Law -- states that “the Bangsamoro waters shall extend up to 22.224 kilometers (12 nautical miles) from the low-water mark of the coasts that are part of the Bangsamoro territory.”

“While the Bangsamoro waters may be wider than the requisite municipal waters in the fisheries code... the principles of demarcation and preferential resource use are the same and for that the bureau does not pose objection to this,” Atty. Carmela S. Concepcion of the Bureau of Fisheries and Aquatic Resources (BFAR) legal division said, reading from the bureau’s position paper.

Government peace panel chair Miriam Coronel-Ferrer said that the wider and longer territorial waters were part of a compromise agreement between the Philippine government and the MILF.

“The reasons for extending the territorial jurisdiction have to do with historical claims to the waters of Sulu, the Sulu sea in particular, and the Moro Gulf. But of course the national government could not consent to devolving jurisdiction over the whole of Sulu Sea and the Moro Gulf, so the compromise agreement was to extend it,” Ms. Ferrer said during the hearing.

source:  Businessworld

Fast Facts: The recall process

MANILA, Philippines – The power to recall a local elective official due to loss of confidence shall be exercised by registered voters of the local government unit (LGU) where the official serves. Any provincial, city, municipal, or barangay official may be subjected to a recall.

No recall proceedings can take place within a year from the date of the local officials' assumption of office and within a year before a regular local election. Since a term for local officials consists of 3 years, this limits the initiation of recall proceedings within their second year in office.

The recall process begins with the collection of signatures from supporters of the recall petition. Upon reaching a sufficient number of signatures, the petitioners should formally file the recall petition before the Commission on Elections (Comelec).

The poll body would verify the signatures and, once the petition is determined as sufficient in form and substance, set a date for the recall election.

If the local official loses the election, he or she is ousted from office.

These are the required number of petitioners for a recall petition, according to the Local Government Code:

Voting Population in LGU	Required Percentage/Number of Petitioners
Less than 20,000	At least 25%
20,000 - 74,999	At least 20%, but not less than 5,000
75,000 - 299,999	At least 15%, but not less than 15,000
More than 300,000	At least 10%, but not less than 45,000

There are additional restrictions set by the Local Government Code:

• A local official may be subjected to a recall election only once during his term of office.
• While the recall process is ongoing, the local official sought to be recalled cannot resign.

There was previously an option for a "preparatory recall assembly" to initiate the recall. It was composed of elected officials in the LGU concerned. A provincial recall assembly, for example, consists of all the mayors, vice mayors, and councilors in the province.

But the preparatory recall assembly was discontinued in 2004, following amendments in the Local Government Code through Republic Act 9244.

Past petitions, election

From 2010 to 2012, there were 38 recall petitions filed before the Comelec, but not one resulted in an actual recall election.

These include recall petitions against Samar Governor Sharee Ann Tan and Vice Governor Stephen James Tan in 2010, and Palawan Governor Abraham Khalil Mitra in 2011.

Nine mayors, 7 vice mayors, 18 city and municipal councilors, and a barangay captain were sought to be recalled during that period.

Year	Local Gov't Unit	Official(s) Sought to be Recalled
2010	Samar	Governor Sharee Ann Tan
		Vice Governor Stephen James Tan
2011	Bani, Pangasinan	Mayor Marcelo Navarro
		Vice Mayor Filipina Rivera
		Councilors Rosalinda Acenas, Ruben Ampler, Tamerlane Olores, and Cothera Gwen Yamamoto
	San Manuel, Tarlac	Vice Mayor Emmalyn Rillera
		Councilor Melvin Malazo
	Palawan	Governor Abraham Kahlil Mitra
	Rizal, Palawan	Mayor Nicolas Montaño, Sr.
	Roxas, Palawan	Mayor Ma. Angela Sabando
	Pasacao, Camarines Sur	Mayor Asuncion Arceño
		Councilor Niño Tayco
	Cortes, Bohol	Vice Mayor Danilo Montero
	Danao City, Cebu	Mayor Ramon Durano Jr
		Vice Mayor Ramon Durano III
		Councilors Marilou Camaongay-Flores, Jorge John Cane, Cynthia Duterte, Jovilina Enriquez, Alejandro Lawas, Miguel Antonio Magpale, Carmen Remedios Meca, Roland Reyes, and Jose Thaddeus Roble Jr
	Samboan, Cebu	Vice Mayor Rogelio Capa
		Councilor Jeffrey Catipay
	Rajah Buayan, Maguindanao	Mayor Yacob Lumenda Ampatuan
	Simunul, Tawi-Tawi	Mayor Nazif Ahmas Bayo Abdurrahman
2012	Gapan City, Nueva Ecija	Mayor Christian Tinio
		Vice Mayor Rodel Matias
		Councilors Marcelino Alvarez and Eliser Padiernos
	Dumaran, Palawan	Mayor Medwin Pablico
	El Nido, Palawan	Vice Mayor Edgardo Trinidad
	Brgy. Kemdeng, San Vicente, Palawan	Barangay Captain Daniel Latube

These petitions are now deemed cancelled because of the 2013 midterm elections.

As of September 2014, there are 5 pending recall petitions before the Comelec.

Meanwhile, the last recall election in the country took place more than a decade ago, on April 26, 2003, in Agoo, La Union. The municipal recall assembly sought to recall Vice Mayor Ramil Lopez for "wanton neglect of duties."

Councilor Sheila Milo ran against Lopez and defeated him in that election. – Rappler.com