On assailing BBL's constitutionality

The armed separatist conflict, prevalent oppression, diverse and complex socio-cultural structures and extraordinary violence at various levels of intensity have been few of the serious problems in Muslim Mindanao that the Philippine Government had been addressing. Aside from peace negotiations, one measure that the government seeks to implement to resolve such conflicts is the passage of House Bill no. 4994 or the Bangsamoro Basic Law (BBL).

Basically, BBL is to establish a political entity that will replace the Autonomous Region for Muslim Mindanao (ARMM), and provide for its basic structure of government in recognition of the justness and legitimacy of the cause of the Bangsamoro people and their aspiration to chart their political future through a democratic process that will secure their identity and posterity, and allow for meaningful self-governance. [1]

The proposed law seeks to provide as the nation’s quest for peace in Muslim Mindanao. However, several questions have been raised assailing BBL’s constitutionality.

In a public hearing on the constitutionality of the BBL last January 25, 2015, Senator Miriam Santiago, chair of the Senate committee on constitutional amendments and revision of codes, identified four major issues on the constitutionality of BBL: (1) legislation v. constitutional change; (2) checks and balances in the national government v. none in the BBL; (3) sovereignty v. sub-state; and (4) territorial integrity v. functional division. [2]

It is said that some of the provisions contained in the proposed law redefines the concept of sovereignty embodied in the Constitution and in turn infringes it. An assailed provision in the BBL is the powers of the government embodied in Article V of the proposed law wherein the terms “reserved”, “exclusive”, and “concurrent” appear.

"Reserved powers are matters over which authority and jurisdiction are exercised by the National Government. The reserved powers enumerated in the Annex on Power Sharing remains the same. Only the National Government can exercise power or authority over national defense and security, foreign relations, monetary policy, customs and tariffs, among others.

Concurrent powers refer to the powers shared between the National Government and the Bangsamoro Government. In the exercise of these concurrent powers, the concerned ministries of the Bangsamoro Government are required to cooperate and coordinate with the National Government.

Exclusive powers are matters over which authority and jurisdiction pertain to the Bangsamoro Government. (Sections 1 to 4)

All issues that may result in a conflict between the National and Bangsamoro Governments, or may arise from the exercise of powers enumerated in Art. V, shall be resolved by an intergovernmental relations mechanism. Unresolved issues shall be elevated to the President, through the Chief Minister. (See Art. VI)" [3]

The Agreement, thus, diminishes the sovereignty of the Philippine Government by listing what are the powers that the central government can retain. The Agreement not only reduces the sovereignty of the central government, but also provides that in the future, such sovereign powers as have been reserved may be further increased, provided the Bangsamoro agrees. It will therefore be the Bangsamoro which will determine what should be the remaining sovereign powers of the central government. In other words, the Agreement attempts to redefine the sovereignty of the Philippine state. [4]

Indeed, the Constitution is the defined as the highest law of the land of which any other law must conform with. However good a proposed law is in resolving societal, economic and political issues that plague the country, it must always conform to the Constitution.

Legislators and citizens are called upon to inquire and question upon these proposed laws in order to create effective laws that may promote the country’s welfare. This is what democracy speaks of.

Whether BBL is constitutional or not, keep in mind that it is only an attempt to legislate peace.

“Since it is but an attempt, definitely it would be wanting… But that is okay, the peace process does not end in the signing of the agreement; and neither would it end in the legislation of the agreements.” [5]

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[1] http://www.interaksyon.com/article/103721/sen--miriam-to-hold-monday-hearing-on-bangsamoro-law-constitutionality

[2] i.d.

[3] http://www.gov.ph/2014/09/10/q-and-a-the-draft-bangsamoro-basic-law/

[4] https://www.senate.gov.ph/press_release/2014/0402_santiago2.asp

[5] http://www.gmanetwork.com/news/story/360783/opinion/blogs/bangsamoro-basic-law-quo-vadis