Settling
the differences and ideologies between Muslim Mindanao and the rest of the
Philippines towards the implementation of peace and meaningful regional
autonomy has long been sought after in this realm. There are endless agreements pursued and
being pursued by the past and current government administration to sustain such
autonomy and development efforts in Mindanao which can be gleaned from in
history.[1]
As a
response to the desire for a meaningful autonomy, the current Philippine
Government administration and the Moro Islamic Liberation Front (MILF) signed
the 2012 Framework Agreement on the Bangsamoro (FAB) which leads to the
abolishment of the Autonomous Region in Muslim Mindanao (ARMM) and the
establishment of Bangsamoro Region as its replacement.[2]
The Bangsamoro Basic Law shall then be
the governing law of the Bangsamoro political entity establishing the
Bangsamoro government and defining its powers and structure.[3]
It follows then the repeal of Republic
Act 9054 entitled “An Act to Strengthen
and Expand the Organic Act for the Autonomous Region in Muslim Mindanao”. Moreover,
BBL seeks the implementation of self-governance which grants them with exclusive powers,[4]
thus, lessening the interference of the National Government in their region.
However, the self-governance provision in the BBL seems to run contrary to
certain provisions in the 1987 Philippine Constitution as the BBL will pave way
to restructure the government design in Mindanao and change it to parliamentary
whereas the rest of the Philippines remain to be presidential. Thus, impliedly
converting the region into a sub-state rather than being a mere autonomous
region.
Additionally,
the Bangsamoro Transition Committee is mandated to recommend constitutional
amendments shall the necessity arise[5]
which is also a violation of constitutional supremacy.
It has
taken the Philippine government more than decades in settling comprehensive
agreements with the MILF. Each attempt towards resolving the long standing
armed conflict has been constantly legally challenged, not to mention certain
agreements which almost came close to resolution such as the Memorandum of
Agreement on the Ancestral Domain (MOA-AD) which was struck down as
unconstitutional by the Supreme Court of the Philippines.[6]
On one hand, the grand argument against the BBL is the
creation of a substate which is entrenched in the penumbra of its
self-governance and Bangsamoro government powers provisions. Pursuing the enactment and ratification of the
Bangsamoro Basic Law violates several provisions in the Constitution as it
lessens the powers and functions of the National Government over the Bangsamoro
Government and it goes beyond the principle of local autonomy enshrined in the
Constitution. On the other, BBL supporters whom some are/were members of the
Constitution Committee would say that the powers not enumerated or delegated
will be by default owned by the government. The passing of this bill into law
would organize the governance and the situation of our brothers in Mindanao.
Further, BBL paves way for the transition from war to peace; from a contested
government to a participative one; silencing of guns; and historic grievances
by forging new form of unity. Certainly, all these are not guaranteed but this
opens up an opportunity to finally achieve unity in our country… to finally live
in a peaceful society. While they may claim that, some authors of the BBL
withdrew their authorship because of the Mamasapano clash, which entailed lack
of trust and belief to the possible good outcome of the bill they authored. One thing is for sure, we definitely do not
know what is ahead of us. BBL might be the resolution to the long standing
armed conflict or it may also make the Moros more powerful, enough to overthrow
the national government.
BBL is thirsty to finally become
a law to create a united and peaceful nation, but, laws alone cannot control
ones attitude and behavior especially when there are evils roaming around. Sincere
want of unity and peace has to come from within which is why there is no
guarantee but only opportunity. BBL needs further polishing to fight the
questions of unconstitutionality against it. No doubt about its intent, nevertheless,
it shall adhere to the fundamental law of the land.
[1] Official Website of the Autonomous Region in Muslim Mindanao,
History, available at arm.gov.ph/history/
(last accessed on October 4, 2014)
[2] Government of the Philippines-Moro Islamic Liberation Front
Framework Agreement on the Bangsamoro (October 15, 2012)
[3] A Primer on the Bangsamoro Transition Commission and the Bangsamoro
Basic Law (English), p. 7
[4] Draft of the Bangsamoro Basic Law
[5] A Primer on the Bangsamoro Transition Commission and the Bangsamoro
Basic Law (English), p. 4
[6] supra
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