Generally the
Bangsamoro Basic Law abolishes the Autonomous Region in Muslim Mindanao (ARMM)
and establishes the new Bangsamoro political identity in its place. The law is
based on the Comprehensive Agreement on the Bangsamoro signed by
the Philippine government and the Moro Islamic Liberation Front (MILF)
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.[1]
This Bangsamoro Basic Law is facing a lot of
questions specially when it comes to its constitutionality
Sen. Miriam Defensor Santiago said the proposed
Bangsamoro Basic Law (BBL) designed by negotiators to bring peace in
violence-wracked Mindanao is unconstitutional. Santiago said
that in her view “the BBL is unconstitutional because it violates what the
Constitution provides for as national sovereignty and territorial integrity of
our country. “Those
are the guidelines set by the Constitution in providing for autonomous regions
for regional authority. It’s obvious that in the contemplation of the
Constitution, the territorial units of our country are provinces, cities,
barangays, municipalities, and autonomous regions. There’s no mention at all of
a sub-state. That’s what they are proposing, a sub-state. That’s why in my view
as a scholar or as a student of constitutional law, it is unconstitutional,”
Santiago said.[2]
Retired
Supreme Court Associate Justice Vicente Mendoza warned that the proposed
Bangsamoro Basic Law (BBL) could reduce the powers of the national government
and lead to the break-up of the Republic. Mendoza said the proposed law is beyond
the power of Congress to pass. At least five of its provisions are
unconstitutional. The bill might end up like the Memorandum of Agreement on
Ancestral Domain (MOA-AD) that the SC declared unconstitutional in 2008.
“I regret,
however, that despite the splendid progress made toward the peaceful solution
of the Mindanao conflict, I still entertain doubts concerning the
constitutionality of certain concepts and provisions embodied in House Bill
4994,” he said.
Mendoza
added, the bill refers to the envisioned Bangsamoro region as a “territory” and
“ancestral homeland,” when the term “territory” in law refers to a part of the
country separated from the rest or a geographical area under the jurisdiction
of another sovereign power. The phrase on the recognition of the right of
the people to self-determination to chart their political future reinforces the
notion that Bangsamoro is a separate political entity under the jurisdiction of
the Philippines, such a political entity is only a little different from that
of the Bangsamoro Juridical Entity in the voided MOA-AD.[3]
And according
to Rep. Rufus Rodriguez of Cagayan de Oro City,
chairman of the House Ad-Hoc Committee on the Bangsamoro, after the panel
concluded at least 30 hearings and consultations on the proposed bill. The
proposed Bangsamoro Basic Law has at least 10 provisions that are
unconstitutional.
The proposed
Bangsamoro measure, the fruit of the comprehensive peace pact between the
government and the former separatist group Moro Islamic Liberation Front (MILF)
that provides for transitional modalities, power sharing, wealth sharing and
putting MILF combatants beyond use, will establish the Bangsamoro Region. This
region will replace the Autonomous Region in Muslim Mindanao, which
President Benigno Aquino 3rd described as a failed experiment.
“There’s no
more hurdle to the passage of the BBL [Bangsamoro Basic law] aside from
removing possible unconstitutional provisions. There are 10 to 15, give or take
a few,” Rodriguez said.
He refused to
disclose the “few” unsound provisions, but retired Supreme Court justices,
including Ombudsman Conchita Carpio-Morales, had raised possible infirmities of
the Bangsamoro measure, which provides that the Bangsamoro Region should have a
separate police force, audit body and an anti-graft entity. Also, the
Bangsamoro bill allows expansion of its coverage if at least 10 percent of
qualified voters in contiguous areas will ask for their inclusion at least two
months prior to ratification of the Bangsamoro Basic law and the process
of delimitation of the Bangsamoro.[4]
Whether
the Bangsamoro Basic Law is constitutional or unconstitutional, I believe that
the framers of the said law have the intention of invoking peace between the
Philippine Government and the MILF but I would like to end with the statement
of Senator Alan Peter Cayetano about the killing
of more than 40 police officers in a clash with the Moro Islamic Liberation
Front. He said the incident showed the alleged lack of
commitment of the MILF for peace and development in Mindanao.
“Para saan pa yung BBL
kung ngayon pa lang na hindi pa nila kontrolado yung area, ang sasabihin lang
nila pag may napatay na singkuwentang pulis, ay hindi nag-coordinate? So
I’m withdrawing my co-authorship of the BBL and I seriously doubt kung
mabubuhay pa itong peace agreement,” [5]
[1] http://www.gmanetwork.com/news/story/378530/news/nation/faqs-about-the-bangsamoro-basic-law
[2] http://www.mb.com.ph/bbl-unconstitutional-miriam/
[3] http://www.philstar.com/headlines/2014/10/29/1385658/ex-sc-justice-bbl-unconstitutional
[4] http://www.manilatimes.net/10-bbl-provisions-unconstitutional/152163/
[5] http://www.gmanetwork.com/news/story/417312/news/nation/doubtful-of-peace-deal-cayetano-withdraws-support-for-bangsamoro-basic-law
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