Friday, February 27, 2015


Approval of the Bangsamoro Basic Law has been raised by the Muslims in the Philippines. They seek to have their own law. The Bangsamoro Basic Law seeks to adopt their own anthem, flag and a different form of government. As I read the basic law, it creates a picture of a foreign country which consist of individuals which looks entirely the same as the physical features of a Filipino.  In my own opinion, as I heard what the Muslims, Army and even Catholic which has been there to observe and be part of the history still I am not in favor of the Passing the Bangsamoro Basic Law. If the government will approve this it will definitely cause chaos in the country and will promote the separation of the Muslims and the Catholic. We are Filipinos and we should be united as Filipinos not as Catholic and Muslims. Our country is an archipelago and should we let this structure also describe our relationship towards each and every Filipino? I believe we should not let this thing happen, our government should promote unity and peace all over the country and not to promote separation. 

“Thin-line that Separates Peace from War”



            The battlecry for social justice have long existed since the 1935 Constitution. Many battles have been won just to achieve the spirit of democracy. Thousands of blood sacrificed inorder to waive the Republic Flag to the wind of peace and freedom. But quoting the words of Atty. Christian Monsod there are “unfinished business to the battle of democracy for social justice”. So how much more sacrifices and compromises we need to give, in achieving the peace that has been long gone in the South of the country? Definitely the price for this aspiration is not free.

            The peace process in Autonomous Region in Muslim Mindanao (ARMM) is like the traffic in EDSA: slow, mind-wrecking and very problematic. The Government and the Moro Islamic Liberation Front or MILF entered into an agreement for peace talk. The result of that is the proposal in passing the Bangsa-moro Basic Law or BBL. This is achievement for the Moros. The BBL will have unification and acknowledgement of their ethnicity, according to Madam Amina Rasul Bernardo an advocate for peace in Mindanao. She also mentioned that, the effort of the government to have peace before is pushing to the arena of war instead. That is why BBL is highly needed for peace, according to her. But our Muslim brothers and sisters have been recognized and never been left out before. After all we are unified by one blood as Filipinos. We are governed by one law which is The 1987 Constitution.

            If passing the BBL is intended for peace, most probably there are other motives behind that. Motives, not engraved in the letters of BBL. Let me just share a brief information from Gracia Burnham one of the survivor in the kidnapping headed by the Abusayaff in early 2000’s. She mentioned on her book that those Muslim rebels have the motive to turn whole Mindanao into Islam until whole nation is controlled by it. They don’t care to die or kill anyone just to achieve their goal. It is scary and alarming. The Abusayaff is actually connected with MILF. Now MILF is actively pushing for this BBL. It gives me an idea that if the BBL is passed, it is just like we lighted our own torch of death.

            In passing a law, intent is the very motive. But if the motive is hiding in the words, we need to pause and dig deeper to investigate the real reason in the passage of law. It is very essential to look in checking its Constitutionality. Is peace really the intent or is there other than that in BBL. Can we just neglect the words of the survivor from the hands of Muslim rebels?

Remember, that the group who is behind the BBL is also the one behind the disturbance of peace in Mindanao. The question now is how we can resolve the distraught dreams for peace of our fellowmen in the south. My answer is ‘submission’, ‘commitment’ and ‘surrender’.

Submission to the authority is giving your full support to its aspirations for the betterment of Mindanao. It needs commitment in withholding peace to live safely without fear of death while walking in the street or to sleep soundly at night without fear of not waking up for tomorrows’ mist. Surrender the firearms and contribute to a successful nation for tomorrows’ generation.


Definitely this is difficult to achieve. But it is possible to attain. We, every Filipinos must be instruments for peace. Each has a role to play to win the battle for peace. BBL gives us thin-line between peace and war. The autonomy of our Muslim brothers and sisters has been long recognized by the law of the land. No need for BBL, because it will just separate us Filipinos who have been unified by thousands of blood more than 300 years ago.      

Tables Turned for BBL's Passage

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WON: BBL

From the enactment of RA 6374[1], which was further amended by RA 9054[2], in establishing the Autonomous Region in Muslim Mindanao, and now we are faced with a new draft that further expands their power and jurisdiction, which is known as 'Bangsamoro Basic Law'[3].

Looking back, these laws rooted from the injustice that our Muslim brothers have experienced since the Martial Law era, which brought Nur Misuari in forming the Moro National Liberation Front (MNLF) seeking independence and respect for their culture and Muslim faith.[4] After a number of clashes and conflicts between MNLF and the government, they have agreed in having a semi-autonomy region for Muslim community in Mindanao, now known as ARMM. However, another group Moro Islamic Liberation Front (MILF) doesn’t agree with the agreement, and still hopes for independence.[5] After several years of peace talks with MILF, the government through the congress, has passed a draft in favor the Muslim community, the 'Bangsamoro Basic Law'.

The purpose of the draft Basic Law is to establish the new Bangsamoro political entity and provide for its basic structure of government, in recognition of the aspirations of the Bangsamoro people.[6] The Bangsamoro people, are those who at the time of conquest and colonization were considered natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands including Palawan, and their spouses, and descendants.[7] In summary, the draft Basic Law, aims to create a new structure of government for the Bangsamoro people, which is still under the Philippine government, and subject to the limitations provided by the Constitution.[8] It (BBL) also doesn’t violate the 1987 Constitution, as pointed out by the framers of our 1987 Constitution themselves.[9]

Generally, it positively affect the Bangsamoro people in having their own structure, based on their beliefs and culture, especially, that the majority of the people in Mindanao are Muslims. It won’t greatly affect other communities outside of the Bangsamoro territory, as they are still governed under the government, but with their own special laws, similar to local ordinances in local governments.

The draft Basic Law is a big step towards in making up for the injustice that the previous administration has inflicted upon our Muslim brothers. Giving our Filipino brothers in the south the respect, and the opportunity for peace and development, for the future of, not only the Bangsamoro people, but the Filipino people.



[1] Republic Act No. 6374, August 1, 1989
[2] Republic Act No. 9054, March 31, 2001
[3] Bangsamoro Basic Law, September 10, 2014
[4] Mamasapano, the President, and the Bangsamoro Basic Law, accessed in http://www.rappler.com/thought-leaders/82394-mamasapano-president-bangsamoro-basic-law
[5] Moro Islamic Liberation Front, accessed in http://en.wikipedia.org/wiki/Moro_Islamic_Liberation_Front
[6] Q and A: the draft Bangsamoro Basic Law, September 10, 2014, accessed in http://www.gov.ph/2014/09/10/q-and-a-the-draft-bangsamoro-basic-law/
[7] Ibid.
[8] Ibid.

Bangsamoro Law: People in Mindanao can dream again.

 The Bangsamoro Basic Law is constitutional. Article 14, Section 17 of the Constitution gives the indigenous cultural communities to develop their own culture, traditions and institutions. It is clear that the BBL has the right to develop or make its own institution. Moreover, with regard to the provision that the BBL will have its own justice system, Article 1, Section 10 of the BBL states that the justice system in the Bangsamoro shall give primary consideration to Shari’ah and customary rights and traditions of the indigenous peoples in the Bangsamoro. It is therefore clear that these provisions are in harmony with the Constitution.   

Furthermore, according to former justice Azcuna, one of the provisions BBL provide for the recognition of a “distinct (Bangsamoro) nation within the Philippine state” and this is “not unconstitutional. Still, with the passage of BBL, the Bangsamoro nation will still be part of the Philippines. It will not create a new or distinct territory in our country. Besides, there is no dismemberment of a country involved nor included in the said provision.

The passage of the BBL is one of the best ways to resolve the problem in Mindanao. With BBL, people in conflict areas can dream again. BBL means peace for the people living in Mindanao. What is good for the people in Mindanao is also good for the Filipino people. Therefore, the BBL is Constitutional.  


                                                                                                                                     

Bangsamoro Basic Law: Creation of another State

The proposed law, the Bangsamoro Basic Law (BBL), envisions to end the war in the Muslim Mindanao. This law was personally submitted by President Aquino. This is based on the Comprehensive Agreement on the Bangsamoro, the peace agreement between the Philipinne Government and the Moro Islamic Liberation Front (MILF).

With the proposed law, I have found several that I believe were unconstitutional. First, Art VII in relation to Art. IV Sec. 2 of the proposed bill. In this article, it says that the form of government of the Bangsamoro is Parliamentary. This is in contrast with Art. II Sec. 1 of the Constitution which that our form of government is republican and democratic. Second, Though Art. VI says that the President will have general supervision to the Bangsamoro, Art. V Secs. 3-4 of the bill grants the Bangsamoro Government exclusive power in which the Central Government cannot interfere. This is not within the context of autonomy as provided in the Constitution. Local autonomy under the 1987 Constitution simply means “decentralization” and does not make the local governments sovereign within the State or an imperium in imperio.[1] Decentralization of administration is merely a delegation of administrative powers to the local government unit in order to broaden the base of governmental powers. Decentralization of power is abdication by the national government of governmental powers. Even as we recognize that the Constitution guarantees autonomy to local government units, the exercise of local autonomy remains subject to the power of control by Congress and the power of general supervision by the President.[2] Thus, removing the Philippine Government the power to control and supervize. And Third, the creation of the parliament and Philippine Congress - Bangsamoro Parliament Forum (Art. VI Sec. 8 of BBL) also is inconsistent with the Constitution that the legislative department of the Philippines is bicameral, composed of the House of Representatives and the Senate.

With these several provisions in the BBL, I believe that it does not only make the Bangsamoro an autonomous region in the context of the Constitution. The previously-known Autonomous Region of Muslim Mindanao (ARMM) is being made a sovereign state through the BBL.






[1] Basco v. PAGCOR, G.R. No. 91649 May 14, 1991
[2] Judge Dadole v. Commission on Audit, G.R. No. 125350.  December 3, 2002

BANSANG MORO: Bangsamoro Basic Law

BANSANG MORO: Bangsamoro Basic Law

                  On March 27, 2014, the Comprehensive Agreement on the Bangsamoro has been duly signed, which served as the turning point of decades long journey of the country to a peaceful Mindanao. The agreement aims to end the armed conflict between Mindanao and the government. The agreement shall promote full progress and development of the region and establish peace, justice, and economic stability and progress. No more than the constitution under Article X of the 1987 constitution provides foundation for autonomous regions. In order to fulfill the intent of the Comprehensive Agreement, legislation is needed to translate the agreement to statutory language. Hence, the Sixteenth Congress on Second Regular Session of the House of Representatives received House Bill No. 4994 on September 10, 2014.
                  Atty. Christian Monsod in his speech last February 24, 2015 at the Far Eastern University Institute of Law discussed the price to pay for peace in Mindanao. According to Atty. Monsod, it is about time for a judicial statesmanship between conflict resolution and constitutionalism and to include international laws to uphold new principles. The Bangsamoro Basic Law aims for sovereignty and territorial integrity. The Moros are longing for the confrontation of the problem of oppression and neglect through blood and tears. Moreover, Amina Rasul Bernardo in the same forum at FEU-IL said that conflicts in Mindanao also include clan wars which is an evidence of inefficient justice system in Mindanao. The BBL wants to restore stolen sovereignties and independence from the Moros and to delete the feeling of isolation among them. The BBL shall undergo transitional commissions which will able the region of regional legislation which will result to economic stability and efficient justice system.

                  The Philippines democratic system is curtailed with the job to ensure that all of its citizens are treated alike and that their natural and constitutional rights are protected. Through the Bangsamoro Basic Law, our people in Mindanao will have the feeling of participation with the rest of the archipelago and ending the armed negotiations with its people. It will be a big step for our government to uphold peace and humanitarianism by solving actual conflicts existent in the Mindanao region.

The Bangsamoro Basic Law

The purpose of the basic law is to establish the new Bangsamoro political entity replacing ARMM and provide for its basic structure of government, in recognition of the aspirations of the Bangsamoro people.[1]

On the Territory.

According to the law, the Bangsamoro territory is composed of the land mass, maritime, terrestrial, alluvial and aerial domain[2]. Under Section 1, it expressly states that the Bangsamoro territory remains part of the Philippines Likewise, the draft Basic Law provides that the Bangsamoro shall respect and adhere to the Philippines’ international treaties and agreements[3], making whatever power that the Bangsamoro may exercise over its territory must be consistent with and not contravene the country’s international obligations and commitments[4].
Now on the general principles and policies.

The Bangsamoro will have a parliamentary form of government[5]. The parliamentary system is consistent with our democratic form of government because a parliamentary system is a form of government where the executive is formed by the legislature, i.e., the Chief Executive (who is the head of the executive) is elected by the legislature. Therefore, the Chief Executive is indirectly elected. A democracy, is a system of government which derives its legitimacy from the people. Hence, eligible citizens participate, directly or indirectly, in the election of their representatives in government.

Such form of government is allowed under the Philippine constitution. Section 18, Article X of the Constitution provides that that the Organic Act (the Basic Law in the case of the Bangsamoro) for Autonomous Regions “shall define the basic structure of government consisting of the executive department and the legislative assembly.”

As far as the constitutionality on the territory and the general principles and policies of the basic law concerns, such provisions are constitutional according to mother law. But the issues of the basic law doesn’t stop here, there will be more issues to come. Remember before the basic law be enacted there was once ARMM and the creation of the organic law of ARMM didn’t stop the conflict between the national government and the moros or just the MNLF and MILF or Ignorant Radicals and Extremists.
I for one agree to the enactment of the law, as far the peace and stability in Mindanao concerns. But once the law fails, we should be prepared for the worst. The worst will be the eradication of radicals and extremist who inflict harm and terror to our peaceful society.



[1] Sec 3, Art. 1, The Bangsamoro Basic Law
[2] Sec 1, Art. 3, The Bangsamoro Basic Law
[3] id
[4] Sec. 8, Art. 4, The Bangsamoro Basic Law
[5] Sec. 2, Art. 4, The Bangsamoro Basic Law

BBL: The End and the Beginning

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Bangsamoro Basic Law: Concur or Dissent?

The draft Basic Law provides that the Bangsamoro Government will have a parliamentary form of government which is allowed in the Constitution. It left to the wisdom of Congress to determine the appropriate government structures for local government units and the autonomous regions. Specifically, Section 18, Article X of the 1987 Constitution provides that the Organic Act (the Basic Law in the case of the Bangsamoro) for Autonomous Regions “shall define the basic structure of government *** consisting of the executive department and the legislative assembly.

A parliamentary system is democratic. A democracy, is a system of government which derives its legitimacy from the people. Hence, eligible citizens participate, directly or indirectly, in the election of their representatives in government.

Under the draft Basic Law, the Bangsamoro Government is democratic because all members of Parliament will be elected as representatives of the Bangsamoro People. Consistent with the Constitution, both the executive and legislative in a parliamentary system shall be elective and representative of its constituent political units.[1]

Given the above premises, I can neither concur nor dissent with the Bangsamoro Basic Law, it is stated that the purpose of the said law is to establish the new Bangsamoro political entity and to provide for the framework of government in acknowledgment of the hopes of the Bangsamoro people. It does not necessarily mean that the Bangsamoro territory will not remain part of the Philippines, it will. But I strongly believe that the government should have a further review with regard to the draft of the BBL. It is clearly obvious that there is a possibility that it may lead to the dismemberment of Mindanao, Sulu and the adjacent islands including Palawan from the Philippines. It may create a division that probably may not promote unity between Mindanao and the rest of the country. However, it is a joint effort in development fastened on years of struggle, negotiations, and teachings learned at a very high cost to many of us. It demonstrates our paramount countenance of engagement and discourse on the Bangsamoro. History, hundreds of years from now made us all one, whether a Muslim, Catholic or not, conflicts and incidents may have divided Filipinos, but still, we should be a one country.

After the incident in Mamasapano, the passage of the Bangsamoro Basic Law (BBL) has been set back. The BBL was sadly caught in a political cross-fire.[2] It needs enhancement, the government should understand what a Mindanaoan really experiences for it to know what it really needs. For the entire country to have the justice it deserves, we must somehow find it in ourselves, yet again, to bring our collective power to bear on our leaders so that the Bangsamoro Basic Law will push through and the peace process continue.[3]



[1] Q and A: the draft Bangsamoro Basic Law available at http://www.gov.ph/2014/09/10/q-and-a-the-draft-bangsamoro-basic-law/ (last accessed Sept. 10, 2014)
[2] Isagani Abunda, Imperfect Bangsamoro basic law still our best option for peace available at http://www.rappler.com/move-ph/ispeak/82775-bangsamoro-basic-law-mindanao-problem#cxrecs_s (last accessed Feb. 03, 2015)
[3] Sylvia Estrada Claudio, Pass the Bangsamoro Basic Law now available at http://www.rappler.com/thought-leaders/82627-pass-bangsamoro-basic-law-now#cxrecs_s (last accessed Feb. 08, 2015)