WON: BBL

From the enactment of RA 6374[1], which was further amended by RA 9054[2], in establishing the Autonomous Region in Muslim Mindanao, and now we are faced with a new draft that further expands their power and jurisdiction, which is known as 'Bangsamoro Basic Law'[3].

Looking back, these laws rooted from the injustice that our Muslim brothers have experienced since the Martial Law era, which brought Nur Misuari in forming the Moro National Liberation Front (MNLF) seeking independence and respect for their culture and Muslim faith.[4] After a number of clashes and conflicts between MNLF and the government, they have agreed in having a semi-autonomy region for Muslim community in Mindanao, now known as ARMM. However, another group Moro Islamic Liberation Front (MILF) doesn’t agree with the agreement, and still hopes for independence.[5] After several years of peace talks with MILF, the government through the congress, has passed a draft in favor the Muslim community, the 'Bangsamoro Basic Law'.

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.[6] The Bangsamoro people, are those who at the time of conquest and colonization were considered natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands including Palawan, and their spouses, and descendants.[7] In summary, the draft Basic Law, aims to create a new structure of government for the Bangsamoro people, which is still under the Philippine government, and subject to the limitations provided by the Constitution.[8] It (BBL) also doesn’t violate the 1987 Constitution, as pointed out by the framers of our 1987 Constitution themselves.[9]

Generally, it positively affect the Bangsamoro people in having their own structure, based on their beliefs and culture, especially, that the majority of the people in Mindanao are Muslims. It won’t greatly affect other communities outside of the Bangsamoro territory, as they are still governed under the government, but with their own special laws, similar to local ordinances in local governments.

The draft Basic Law is a big step towards in making up for the injustice that the previous administration has inflicted upon our Muslim brothers. Giving our Filipino brothers in the south the respect, and the opportunity for peace and development, for the future of, not only the Bangsamoro people, but the Filipino people.

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[1] Republic Act No. 6374, August 1, 1989

[2] Republic Act No. 9054, March 31, 2001

[3] Bangsamoro Basic Law, September 10, 2014

[4] Mamasapano, the President, and the Bangsamoro Basic Law, accessed in http://www.rappler.com/thought-leaders/82394-mamasapano-president-bangsamoro-basic-law

[5] Moro Islamic Liberation Front, accessed in http://en.wikipedia.org/wiki/Moro_Islamic_Liberation_Front

[6] Q and A: the draft Bangsamoro Basic Law, September 10, 2014, accessed in http://www.gov.ph/2014/09/10/q-and-a-the-draft-bangsamoro-basic-law/

[7] Ibid.

[8] Ibid.

[9] 1987 Charter framers: BBL constitutional, January 14, 2015, accessed in http://www.sunstar.com.ph/cagayan-de-oro/local-news/2015/01/14/1987-charter-framers-bbl-constitutional-386747

United We Stand, Divided we Fall

“And if a house be divided against itself, that house cannot stand”

- Mark 3:25

Many people are wondering what the Bangsamoro Basic Law (BBL) is all about. Some believed that this law will establish a completely autonomous Bangsamoro Region in Mindanao but still under the wing of the Philippine Government. Other posits that it is nonetheless establishing a distinct country within a country – an independent Bangsamoro Region not under the Philippine Government’s control.

To answer this confusion, let us look into the details of the law itself.

The Bangsamoro region, which is the current Autonomous Region of Muslim Mindanao covers various provinces in Western Mindanao that has long been tortured with the conflict between the Moro Islamic Liberation Front (MILF) and the Philippine Government. Under Article III, of the BBL, the Bangsamoro territory which will be finally determined through a plebiscite, will still remain part of the Philippines.

Section 1, Article II of the same draft law provides that the Bangsamoros are those who at the time of conquest and colonization were considered natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands including Palawan, and their spouses, and descendants.

Likewise, the draft Basic Law provides that the Bangsamoro shall respect and adhere to the Philippines’ international treaties and agreements.  Thus, whatever power the Bangsamoro may exercise over its territory must be consistent with and not contravene the country’s international obligations and commitments. (Article IV, Section 8).

Also, the draft Basic Law provides that the Bangsamoro Government will have a parliamentary form of government wherin the executive is formed by the legislature, i.e. the Chief Executive (who is the head of the executive branch of the government) is elected by the legislature.

In contrast, a democratic form of government derives its legitimacy from the people in which eligible citizens participate, directly or indirectly, in the election of their representatives in government (i.e., the people elect the Chief Executive of the President of the Government).

According to the framers of the draft Basic Law, the Bangsamoro Government is still democratic because all members of Parliament will be elected as representatives of the Bangsamoro People. Consistent with the 1987 Philippine Constitution, both the executive and the legislative in a parliamentary system shall be elective and representative of their constituent political units (Article VII). 

However, it is worthy to note that Article 1, Section 3 of the said law provides that 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.

In light of the foregoing, it appears that the BBL aimed at slicing a sovereign region within the Philippine territory. Basing from history, this type of government set-up is very alarming considering that this might be a prelude to an uprising or worst-case scenario a civil war, as experienced by other autonomous region in Ukraine, South Sudan, Israel-Palestine, etc. We are not sure whether the framers have studied the historical antecedence of this type of structure, one thing is for sure, this BBL will either help or destroy Philippine security and sovereignty.