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.
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