The purpose of the basic law is
to establish the new Bangsamoro political entity replacing ARMM and provide for
its basic structure of government, in recognition of the aspirations of the
Bangsamoro people.[1]
On the Territory.
According to the law, the
Bangsamoro territory is composed of the land mass, maritime, terrestrial,
alluvial and aerial domain[2].
Under Section 1, it expressly states that the Bangsamoro territory remains part
of the Philippines Likewise, the draft Basic Law provides that the Bangsamoro
shall respect and adhere to the Philippines’ international treaties and
agreements[3],
making whatever power that the Bangsamoro may exercise over its territory must
be consistent with and not contravene the country’s international obligations
and commitments[4].
Now on the general principles and
policies.
The Bangsamoro will have a
parliamentary form of government[5].
The parliamentary system is consistent with our democratic form of government
because a parliamentary system is a form of government where the executive is
formed by the legislature, i.e., the Chief Executive (who is the head of the
executive) is elected by the legislature. Therefore, the Chief Executive is indirectly
elected. 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.
Such form of government is
allowed under the Philippine constitution. Section 18, Article X of the
Constitution provides that 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.”
As far as the constitutionality
on the territory and the general principles and policies of the basic law
concerns, such provisions are constitutional according to mother law. But the
issues of the basic law doesn’t stop here, there will be more issues to come.
Remember before the basic law be enacted there was once ARMM and the creation
of the organic law of ARMM didn’t stop the conflict between the national government
and the moros or just the MNLF and MILF or Ignorant Radicals and Extremists.
I for one agree to the enactment
of the law, as far the peace and stability in Mindanao concerns. But once the
law fails, we should be prepared for the worst. The worst will be the
eradication of radicals and extremist who inflict harm and terror to our
peaceful society.
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