The Constitutionality of BBL

Senator Miriam Santiago raised two clear issues on the passing of BBL. One is a procedural issue, while the other is a substantial issue. The procedural issue tackles the authority of the government to approve treaties. Based on our Constitution, treaties can be negotiated by the executive branch, but its passing requires the approval of the Senate. The Constitution is very clear on this area. Any lawyer, including Mr. Aquino’s lawyer on this issue, knows this basic requirement from our Constitution. Hence, this might be more of a warning to the executive branch not to be so brazen or self-assured that the BBL will be passed. No matter how good the BBL is in the eyes of the President. The Senate may not see the BBL in the same light with the President and they have the power to effect that view.

On the substantial issue, Senator Miriam Santiago raised whether the MILF has the authority to represent the Moro people. We should consider the modern history of our peace treaties with the Moro brothers. When former President Ramos entered a peace treaty with the Misuari faction of the MNLF, one faction abandoned the MNLF and formed the MILF. This faction may be bigger than the Nur’s MNLF in terms of person count and land area. Now, a faction of the MILF abandoned the MILF and formed the BIFF. Thankfully, this faction is relatively small in size. Coming from Senator Santiago’s statement, how can a Moro faction have a authority in our laws to negotiate for a sub-state? What about the other Moro or Christian brothers? Can the non-violent Moros organized themselves and petition for a sub-state? Can a certain segment of our Christian brothers organized and petition for a sub-state as well? This issue will likely be raised in the Supreme Court. The Supreme Court should issue a clear doctrine on this issue. if we will allow groups to petition for a sub-state, then the Philippines will become a country of sub-state with minimal national authority. The Philippines will no longer be a Republic with a central national government.

With the Constitutional issues aside, the peace in Mindanao should happen now. The generations of Filipinos killing fellow Filipinos should stop.