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)