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.
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