Report of the
Peace Council
on the
Bangsamoro Basic Law
Citizens’ Peace Council
27 April 2015
27 April 2015
TO THE FILIPINO PEOPLE
Only a year ago, our government under your leadership and the Moro Islamic
Liberation Front signed the Comprehensive Agreement on the Bangsamoro
(CAB) amidst much celebration. The public and the media, we might recall,
welcomed the end to war that it promised.
Much has happened since then. A Working Group prepared the draft
legislation which was awaiting review by Congress. Sadly, the Mamasapano
Incident, which cost the lives of combatants and civilians, including an 8-year
old girl, reawakened suspicions about the Muslim Filipinos and derailed the
peace process. Congress decided to stop its deliberations on the
Bangsamoro Basic Law, as some members raised questions about the
sincerity of the MILF to abandon its insurgency.
On March 27, President Benigno A. Aquino III invited the five of us to gather
other independent-minded Filipinos to study the Bangsamoro Basic Law to
see how we could help clarify the many issues surrounding it.
Realizing the critical importance of the BBL to the peace and development
of Mindanao, as well as to the peace and development of the entire
Philippines, we readily accepted the challenge. Although we come from
different fields of endeavor, we were united in our desire for peace and
believed that we should give its every instrument a chance to prosper. This
would require an effort to understand the provisions of the BBL in the context
of the history of the insurgency waged by the MILF against the Government;
and to consider whether this law could effectively address the causes of
conflict. We would then give our views on the BBL and help move forward
the stalled peace process.
Cognizant of our limitations, we invited other leaders from various sectors to
join us as co-convenors and they in turn asked others to come forward to
undertake an independent evaluation of the BBL provisions. We decided to
focus only on contentious issues; we were committed to seeking common
ground. In all, 136 Filipinos – Christians, Muslims, and Indigenous peoples
– including religious leaders, civil society representatives, deans of law
schools, businessmen, and three of the framers of the 1987 Constitution,
came forward to contribute their knowledge, experience, and wisdom to the
discussions. We are truly grateful to all of them for their time, their sharing,
and their goodwill and have included all their names in an annex to our
report.
We divided ourselves into clusters and reviewed the BBL along these four
themes: (1) Constitutionality, Forms and Powers of Government; (2)
Economy and Patrimony, (3) Social Justice and Human Development, and
(4) Peace and Order and Human Security. We held separate cluster
meetings over the span of two weeks and held a five-hour plenary on April
18.
As Ambassador Dee described it, the Plenary was “an avenue for dialogue
between and among independent-minded citizens who believe in the
importance of understanding the BBL and discussing its implications for
peace and development in our country in a calm and reasonable manner.”
We took time to learn from previous studies and from resource persons who
presented views informed by years of studying and attempting to resolve the
issues. We recognized some controversial aspects of the draft, but we also
shared the view that the legislation for autonomy requires a search for
compromise and consensus. The entire process involved the free-wheeling
exchange of ideas and views, asking hard questions, seeking clarification,
engaging in debate and argumentation.
Overall, we agreed that the BBL is overwhelmingly acceptable and
deserves the support of all Filipinos. On the few provisions that needed
some refinement, we offered recommendations.
The BBL seeks to implement the constitutional mandate for autonomy
enshrined by the 1987 Constitution. This process began with the good faith
effort of the government to establish the autonomous region of Muslim
Mindanao. To a large extent, the grant of autonomy within the framework of
national sovereignty had prevented conflict from getting out of hand. Clearly,
autonomy and peace and development, all constitutional mandates, have
become inseparable.
We also realized that the BBL will bring benefits that will redound not only to
the Bangsamoro but to all Filipinos. Mindanao holds the nation’s untapped
but already threatened resources. The potential for development in that
region will mean greater productivity for all.
The exercise has brought home to us the conviction that the BBL
should be passed; that to set it aside now would be imprudent and
wasteful of previous efforts. Peace-makers on both sides have spent no
less than 17 years to bring us to this juncture. There is enough goodwill on
both sides to bring this agreement to its conclusion, one that would renew
and refresh communities in the most deprived regions of the country with a
genuine “fresh start.”
So many others, some eminent public figures, others less known, have given
their time to this struggle for peace. They have engaged in dialogue and
discussion to bring their issues to the table to find common ground. At no
other time has so much political will been invested in the peace process. It
seems unwise for us to end this now, and try to re-start in an indefinite future.
Before the Plenary was adjourned, Cardinal Orlando Quevedo graced the
meeting and offered his own insights. He also offered a partnership between
his pro-peace group, the Friends for Peace, with the members of the council
and encouraged us to reach out to other groups with the same objectives –
peace and development for all Filipinos.
Indeed we saw our effort as only one of other citizen efforts, and those of
government, some larger than our own, whose work has been more arduous,
taking longer than our own.
We submit our report as our contribution to the search for peace in Mindanao
and in our country. We will communicate what we have learned, and make
available the reading materials we reviewed.
We express in the report our support to the passage of the BBL, together
with our recommendations on a few provisions. We hope that Congress and
our people can overcome their prejudices. We cannot pursue peace on the
basis of mutual fear and distrust. All of us must undertake an active search
for justice, truth, respect, love and peace. We will exert all efforts in
disseminating our findings, assuring everyone of the independence of the
process.
We do so with trust and faith that other citizens like us will decide that the
BBL places peace within our grasp – peace for Mindanao and peace for all
Filipinos.
Respectfully,
Luis Antonio Cardinal Tagle
Archbishop of Manila
Hilario G. Davide Jr.
Former Chief Justice
Howard Dee
Jaime Augusto Zobel de Ayala II
Former Ambassador to the Holy See Chairman, Ayala Corporation
Bai Rohaniza Sumndad-Usman
Founder of Teach Peace, Build Peace Movement
TABLE OF CONTENTS
I.
Cover Page
II.
Cover Letter
III.
Table of Contents
IV.
Executive Summary
V.
“The 50 Page Report”
VI.
Citizens’ Peace Council List of Participants
VII.
Annexes:
1. Summary of BBL issues and arguments
2. Suggested Ammendments/Refinements, Bangsamoro Basic Law
3. Matrix of BBL Procedures (Social Justice and Human Development)
4. References
Report of the Peace Council on the Bangsamoro Basic Law - Executive Summary
Executive Summary
On 27 March 2015, exactly a year after the Comprehensive Agreement on the Bangsamoro
(CAB) was signed by the Moro Islamic Liberation Front (MILF) and the Philippine Government,
President Benigno S. Aquino III invited five citizens known for their wisdom and integrity to take
a close look at the proposed Bangsamoro Basic Law (BBL) now pending in Congress. Manila
Archbishop Luis Antonio Cardinal Tagle, former Chief Justice Hilario Davide, Jr, businessman
Jaime Augusto Zobel de Ayala, former Philippine Ambassador to the Holy See and Malta
Howard Dee, and founder of Teach Peace, Build Peace Movement Bai Rohaniza SumndadUsman accepted the invitation and gathered 27 other responsible and respected leaders from
all sectors of society. There were Christians, Muslims, Indigenous Peoples, religious leaders for
various faiths, civil society representatives, businessmen, academics, researchers, and youth.
Resource persons were also invited.
Through cluster meetings and a National Peace Summit, they independently looked into the
provisions of the BBL and offered their collective views and recommendations, each according
to his/her knowledge, experience, and expertise. According to the Conveners, the summit
served as “an avenue for dialogue between and among independent-minded citizens who
believe in the importance of understanding the BBL and to discuss its implications for peace
and development in our country in a fair and reasonable manner.” This report summarizes the
views and recommendations of the Council, which reviewed the BBL along four themes: (1)
Constitutionality, Form and Powers of Government; (2) Economy and Patrimony, (3) Social
Justice and Human Development, and (4) Peace and Order and Human Security.
A total of 136 participants joined the discussions in one or more of the clusters reflecting these
themes and separately discussed the BBL from 8-17 April before convening for the National
Peace Summit on 18 April 2015.
On the BBL’s Constitutionality
The Cluster on Constitutionality, Form and Powers of Government did a very thorough review
of the BBL and sifted through the positions and arguments of those who are for and against the
proposed law. In doing so, they used a lens informed of the following ideas: (1) passing a law
that creates an autonomous region is in fact required by the Constitution; (2) passing a law for
the autonomous region is aimed at correcting past injustices and at addressing social, political
and economic problems the region is facing at present, which should not be postponed; (3)
autonomy, as contained in the Constitution, is unique and unlike any other local government
unit, and should therefore be seen in such light; (4) the BBL is unlike any other form of law as it
is an Organic Act and contains the agreements reached from years of negotiations; and (5) a
liberal interpretation of the Constitution is needed if its requirement for the establishment of a
genuine regional autonomy is to be realized.
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Report of the Peace Council on the Bangsamoro Basic Law - Executive Summary
It is important to emphasize that the creation of a meaningful autonomy in Muslim Mindanao is
both a social justice and a peace and development issue. Fourteen of those who helped create
the 1987 Philippine Constitution, three of whom actively participated in the Summit, see the
proposed BBL as an attempt at delivering on the Constitutional promise of “closing the gap
between law and justice”. They believe that it is “necessary to fulfill the vision and spirit that
guided the constitutional provisions on autonomous regions since RA 6734 and RA 9054, (and
the past and present Organic Acts of the Autonomous Region of Muslim Mindanao,] have
clearly not gone far enough to give life to the concept of autonomy for Muslim Mindanao as
envisioned by the Constitution.”
Such is the Cluster’s emphasis on social justice that they recommended the BBL’s preamble
explicitly state the principle of social justice, which they recommended carry the definition as
enshrined in the Constitution.
The BBL is also a product of a peace agreement, forged after decades of peace negotiations,
borne out of the country’s exhaustion with war. Understanding this nature of the BBL will place
greater significance on the legislative process and put it in the proper perspective. Legislation
must be seen, therefore, as a continuation and finalization of the peace agreement. The grant
of regional autonomy is an alternative to independence or secession. But more than that, the
establishment of the Bangsamoro Autonomous Region through the BBL must be seen as an
alternative to war. Legislation, therefore, in this context, should be seen as a peace-building
exercise. Legislators are not only policy formulators, they become peace-builders.
Autonomy and self-governance is not equivalent to independence or statehood. It is an
acknowledgement of human diversity and recognition that, despite decades of trying, the
different cultures had not been served in any effective way by the national government. To
allow this diversity to thrive, the Constitution contemplates that, within the single democratic
and republican Philippine State, Congress would create Autonomous Regions that could
exercise all the traditional powers of government: police power, taxation and eminent domain,
in the same way as all local government units, but would enjoy less interference from the
national government. A law creating an Autonomous Region for Muslim Mindanao, therefore,
cannot be expected to reiterate the same powers or structures as our traditional political
subdivisions. To expect an Autonomous Region to behave like a province or city defeats the
purpose of autonomy. Similarly, to treat the Autonomous Regions like other local government
units defeats the purpose of autonomy.
The BBL does not guide the interpretation of the Constitution; the Constitution guides the
interpretation of the BBL. Much of the confusion and concern about the Constitutionality of the
BBL can be resolved by applying one of the most basic rules of interpretation in Constitutional
Law: that as the fundamental, paramount, and supreme law of the nation, the Constitution is
deemed written in every statute and contract. As a rule of statutory construction, if there are
provisions of a statute irreconcilable with the Constitution, the Constitution prevails. When
reading the proposed Bangsamoro Basic Law, it is therefore presumed that all Constitutional
powers of government and the Constitutional Commissions and bodies remain intact,
regardless of whether the law explicitly provides for it or not. There is no creation of a separate
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Report of the Peace Council on the Bangsamoro Basic Law - Executive Summary
kind of citizen, and no creation, virtual or otherwise, of a political territory that is greater than
the national government that creates it, or beyond the reach of the Constitution that allows it.
Bearing in mind the foregoing premises, the Cluster analysed the major contentious issues on
the BBL and came up with the major findings presented below.
1. The BBL does not make the Bangsamoro Government a state. The provisions on
“people,” “territory,” and “self-determination” do not imply the creation of a separate
state, but are consistent with the constitutionally mandated creation of autonomous
regions. Though the Bangsamoro will have a territory, people and its own government,
much like any other local government unit in the Philippines, it remains part of the
republic as the BBL clearly declares. An area with its own defined territory, jurisdiction,
or rules does not make that territory independent from its parent state. Both the
Constitution and the Local Government Code refers to the areas of local government
units as “territories”. The inclusion of a definition of ‘Bangsamoro People’ in the BBL is
only an affirmation of identity, not a definition of citizenship. The right of selfdetermination is a right of all peoples and is not equivalent to the right to statehood.
Self-determination is therefore generally understood to mean what our own Supreme
Court has described as “internal” self-determination.
Nonetheless, the Cluster was of the view that, once territorial boundaries are
established in the plebiscite for the ratification of the BBL, the core Bangsamoro
territories should not be allowed to increase indefinitely by the periodic vote of 10% of
registered voters in the outer territories. This is because the creation of an autonomous
region, including the definition of its territory, is the sole function of Congress.
Therefore, such changes of territory that establish the limits of the region in the future
should go through Congress. For purposes of clarity, it is therefore recommended that
references to the opt-in provisions in Article III, Sec. 3, and in Article XV, Sec. 4 be
deleted. Otherwise, the definition of the “Bangsamoro territory”, along with
“Bangsamoro People” and “Self-determination”, in the BBL may stand without need of
neither amendment nor clarification.
2. The Bangsamoro Government, as constituted in the BBL, is compliant with the
requirements of the Constitution. The government, with an executive department and
legislative assembly combined in the Parliament, have officers that are elective and
representative of the constituent political units. Our Constitution permits a
parliamentary form of government in local government units. The prescribed unitary
and Presidential form of government established in the Constitution refers to the
national government. When it comes to local government units, however, the
Constitution “only requires that the government of an autonomous region ‘consist of
the executive department and legislative assembly, both of which shall be elective and
representative of the constituent political units’. Moreover, passing the BBL does not
constitute establishment of religion, much less enforce one upon Filipino citizens. The
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Report of the Peace Council on the Bangsamoro Basic Law - Executive Summary
creation of a “Muslim” Mindanao or the use of a “Wali” as a titular head of the
Bangsamoro does not violate the separation of Church and State.
The Cluster, nonetheless, recommended that the phrase “ministerial form of
government” in the BBL be dropped in favour of “parliamentary” form for purposes of
consistency and clarity. The Cluster also suggested refinements in the BBL provision
that allows new parliamentary elections, upon a two-thirds (2/3) vote of no confidence
of all members of Parliament against the government of the day as this will run counter
to the constitutionally mandated synchronization of national and local elections. To
address this, it is recommended that the vote of no confidence must affect the
government of the day, not the parliament, so that parliamentary elections in the
Bangsamoro can be synchronized with other national and local elections.
3. The inter-governmental relation between the National Government and the
Bangsamoro Government is consistent with the allocation of powers mandated by the
Constitution. The defined relationship between the National Government and the
Bangsamoro Government embodies the essence of genuine autonomy, based on
principles of subsidiarity and solidarity. The grant of exclusive powers to the
Bangsamoro Government is not tantamount to a superior Bangsamoro Government or a
weakened Central Government. In order to remove such misunderstanding, the
definition of the exclusive powers should be refined such that there is emphasis that
these are devolved powers and that the President exercises general supervision over
the Bangsamoro Government in its exercise of the exclusive or devolved powers.
Devolution is inspired by the principle of subsidiarity, which is coupled with the principle
of solidarity as an inherent right and duty of the State. The principle of solidarity is
already reflected in the BBL section on Devolution and Subsidiarity requiring all
governmental decisions to adhere to “considerations of good governance and the
general welfare”. It is therefore recommended, for greater emphasis, that the Article
VI, Sec. 6 on Devolution and Subsidiarity be amended to read “Principles of Devolution
and Subsidiarity, and of Solidarity” and that all BBL provisions that refer to the
principle of subsidiarity should concomitantly include the principle of solidarity.
Moreover, to avoid confusion, it is also recommended that the phrase “asymmetric
relationship” be defined in the BBL in order to clarify that it merely “refers to the
relationship between the central government and the Bangsamoro government as an
autonomous region, where, as provided under Section 15, Article X of the 1987
Constitution, the autonomous regions are granted more powers and less intervention
from the national government than territorial and political subdivisions.”
4. The Supreme Court and the Constitutional Bodies continue to maintain the powers
that are given them under the Constitution. There is neither substitution nor
diminution of powers intended or effected by the creation of the Bangsamoro human
rights, auditing, civil service, and electoral offices. The BBL provides for the
establishment of Shari’ah Circuit Courts, Shari’ah District Courts, and a Shari’ah High
Court, respectively. Under the Constitution, the Congress shall have the power to
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Report of the Peace Council on the Bangsamoro Basic Law - Executive Summary
define, prescribe, and apportion the jurisdiction of the various courts and it can
authorize the autonomous region to possess such legislative power. Furthermore, it
should be clarified that Judicial power remains with the Supreme Court while the BBL
envisions the creation of special lower courts under the Supreme Court’s control and
supervision. The BBL provision that states that the decisions of the Shari’ah High Court
shall be final and executory invites controversy. In order to avert any confusion, the
provision may be amended to include the clause, “subject to the review powers of the
Supreme Court.” In any case, under the Constitution, all government actions can be
brought to the Supreme Court for settlement of actual controversies or when there is
grave abuse of discretion.
The Bangsamoro special bodies (Auditing Body, Civil Service Office, Human Rights
Commission), on the other hand, were created with the goal of supplementing, not
supplanting, the work of their national counterparts. As such, sections which provide for
the creation of these Bangsamoro bodies include the clause, “without prejudice to the
powers, authorities, and duties” of the National Constitutional bodies (for the civil
service and the auditing bodies), and the clause, “shall have a coordinative and
complementary relationship” (for the Human Rights Commission). The Bangsamoro
Electoral Office is distinct, for there is a categorical provision saying that it shall be a part
of the Commission on Elections. On the issue of the Bangsamoro Government having
“primary disciplinary authority over its own officials and employees” (Article V, Section
2(8) of the BBL), it is proposed that the phrase “without prejudice to the powers of the
CSC and the Ombudsman” be inserted to address the Ombudsman’s concern that said
section diminishes the Ombudsman’s mandate over public officials and employees.
5. The plebiscite requirement in the BBL adheres to the provision of the Constitution on
the process for creation of the autonomous region. Sec. 3 (e) of the BBL’s Art. XV
provides for the opt-in of contiguous areas where there is a resolution of the local
government unit or a petition of at least 10% of the registered voters in the
geographical area for their inclusion, and majority of the registered voters vote for their
area’s inclusion in a plebiscite called for that purpose. This must be distinguished from
Sec. 4 of the same article, which was discussed earlier in the portion on Territory. Sec.
3 (e) refers to the inclusion of contiguous areas in the plebiscite for the approval of the
BBL, while Sec. 4 applies to the addition of contiguous areas after the ratification of the
BBL. Sec. 3 can be maintained as it is still consistent with the single plebiscite process.
In conclusion, the Cluster declared that the BBL complies with the Constitution’s mandate for
the creation of autonomous regions, “within the framework of (the) Constitution and the
national sovereignty as well as territorial integrity of the Republic of the Philippines.” While
imperfect, it is a significant document that should serve as catalyst for building national
consensus towards the realization of the long term aspiration, expressed by the country three
decades ago, for justice, solidarity and peace, for Mindanao, and for the entire Philippines.
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On Provisions Pertaining to Economy
The Cluster, upon review of Article XIII of the BBL pertaining to Economy and Patrimony,
found no major contentious issues. The group also looked into the salient points of the
Bangsamoro Development Plan and read relevant articles and agreed that the Bangsamoro is
already making great strides in establishing a favorable socio-economic framework for
investment.
Most of the potential issues the group identified merely required clarification and could be
addressed through the provision of more detailed information or explanation. These potential
issues included (a) management and control of natural resources, including the exploration,
development and utilization of fossil fuels, (b) labor and the legal framework governing their
rights, wages and other social benefits, (c) land registration, management, distribution and
classification, for which the Cluster saw an opportunity for possible streamlining if handled by
just one office in the Bangsamoro, (d) the legal regime that will govern the imposition of
customs duties and tariffs within the Bangsamoro, (e) the extent of infrastructure needs of the
Bangsamoro and range of opportunities for investors, (f) how the Bangsamoro will regulate in
coordination with the Central Government power generation that is connected to the national
grid, (g) additional powers for the Bangsamoro to regulate transportation and communication,
and (h) the instances when the Chief Minister of the Bangsamoro can take over direct operation
of businesses, (i) the tax regime that will govern the Bangsamoro in the future, and (j) the
regulation, management and protection of resources found in inland waters.
The Cluster also felt that two issues needed to be clarified to the public – that of the creation of
the Bangsamoro’s own Commission on Audit (COA) and the controversial block grant. Through
a close reading of the proposed BBL, the Cluster saw that the Bangsamoro auditing body will in
fact be under the national COA. The block grant, on the other hand, has been subject to
speculation as pork barrel funds to be provided to the Bangsamoro. The Cluster’s study,
however, reveals that the additional cost to the national government will only amount to about
P10.5 billion as the rest of the block grant is already part of the existing annual appropriations
to the ARMM. The Cluster was of the opinion that the block grant was warranted to help the
Bangsamoro catch up with the rest of the country as it has been lagging behind as far as human
development is concerned.
Perhaps the only contentious issue the group identified had to do primarily with the
management of peace and order in the Bangsamoro region. This is an important economic
issue because the level of business activity in the Bangsamoro is linked to the security in the
area. In the case of Bangsamoro, security and maintenance of peace and order rests with the
Bangsamoro Police, which will remain part of the national police. The Chief Minister, however,
will head the Bangsamoro Police Board. Nonetheless, it was clarified to the Cluster that in case
of conflict between National PNP Chief and the Chief Minister, the decision of the PNP Chief will
prevail. Moreover, the Bangsamoro Police Board will still be under the NAPOLCOM and the
existing police units in the ARMM will make up the force during transition and while a
professional Bangsamoro police is organized.
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Report of the Peace Council on the Bangsamoro Basic Law - Executive Summary
On Social Justice and Human Development
The Cluster identified specific provisions of the BBL relevant to Social Justice and Human
Development. They then further divided themselves into two sub-clusters that discussed
contentious issues surrounding provisions with relevance to (1) Human Rights and Human
Development and (2) Indigenous Peoples. The Cluster’s mandate was to ensure that the
imperatives to attaining peace, which are social justice and human development, are given their
proper due in the Bangsamoro Basic Law in order to correct the injustices of the past which
formed the root cause of the armed rebellion.
After a careful study of the BBL Provisions in its totality, the Cluster concluded that the Draft
BBL does fulfil this mandate of Social Justice and Human Development. The Cluster noted that
the BBL is replete with references to social justice that leads to the conclusion that Social
Justice is the framework of the BBL. For example, Article XIII on Economy and Patrimony begins
with Section 1 entitled Bangsamoro Economy and Social Justice: “The Bangsamoro
Government's economic policies and programs shall be based on the principle of social justice.”
In Article IV covering General Principles and Policies, it is asserted that Social Justice shall be
promoted in all phases of development and facets of life within the Bangsamoro. Likewise, the
concepts of Human Security and Human Development encompassing human rights and
freedoms are well covered by the BBL. The Cluster, therefore, saw only the need for some
refinement and fine-tuning of certain provisions. Such refinements include the following:
1. The inclusion of a definition of terms, such as “Non-Moro Indigenous Peoples” and “Fusaka
Inged”, among others, to make the law more readable.
2. The inclusion of (a) an additional article defining social justice, in accordance with the
Philippine Constitution and (b) an additional section dedicated to the poorest of the poor
with regards to attaining social justice so as to explicitly present the law as embodying the
implementation of the spirit of social justice as mandated by the Constitution.
3. The need for expansion of the reserved seats, especially for the youth, women and the
Indigenous Peoples. The BBL has provided a venue for genuine representation in the
Bangsamoro Parliament by reserving seats for sectors on the margins who would otherwise
not have the opportunity to be heard.
4. Improvements to education included recommendations for (a) the adoption of some form
of recognition for international standards of global competiveness within relevant
provisions of the BBL, (b) the inclusion of Peace Education for the purpose of promoting a
Culture of Peace and Diversity in the Bangsamoro territories and among all peoples in the
region, (c) the insertion of a separate section on incorporating Bangsamoro history, culture,
and identity as part of the effort towards integration in the curriculum both within the
Bangsamoro and throughout the country in order to eliminate prejudice towards the
Bangsamoro people.
5. The need to view rehabilitation provisions holistically to encompass the victims of conflict
in Mindanao, including non-MILF combatants and their families as well many others,
particularly the poor. Rehabilitation should also be viewed not only in terms of
cohmpensation but as a means to heal the non-physical wounds of conflict.
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Report of the Peace Council on the Bangsamoro Basic Law - Executive Summary
There are special concerns raised with regard to the Indigenous Peoples, the Katutubo of
Muslim Mindanao. The Cluster invited tribal leaders representing Non-Moro Indigenous
Peoples' communities in Muslim Mindanao affected by the BBL to join the Cluster deliberations
on Indigenous Peoples rights and they are of one voice in wanting to ascertain that their rights
under the Indigenous Peoples Rights Act (RA 8371) and other laws are reasserted, recognized,
and protected under the BBL. The Cluster would like to support them in this regard. While the
specifics on how the rights of Non-Moro Indigenous Peoples shall be protected in the
Bangsamoro may be beyond the Council’s ability to resolve, the Cluster is united in affirming
that the voices of Non-Moro Indigenous Peoples who may be affected by the BBL must be
heard in the policy-making process.
The Cluster on Social Justice and Human Development, thus, endorsed the BBL and
recommended it’s passage, as an act of Social Justice and Reparation to the peoples of
Muslim Mindanao to rectify all the injustices inflicted upon them in the past. It is the
Cluster’s hope that the Bangsamoro will serve as a model for the rest of the country in
fulfilling the 1987 Philippine Constitution's mandate to secure Social Justice for all Filipinos.
On Public Order and Safety, and Human Security
The Cluster recognized that the incident in Mamasapano, Maguindanao dealt a huge blow to
the peace process. As a result, the public’s view of the BBL was unfortunately colored by a lack
of trust towards the MILF, both as the government’s negotiation partner and as future leaders
of the Bangsamoro. Worse, it resurrected deep-seated mistrust of the Moros in general. At the
Summit, the delegates saw the need for both the public and our lawmakers to transform the
incident into a challenge – that the best tribute to all those who died in Mamasapano would be
to bring lasting peace in Mindanao by allowing the peace process to move forward and for
human development and social justice to flourish.
International Alert’s Bangsamoro Conflict Monitoring System (BCMS) reminded the group that,
as in all conflict areas in transition after a peace agreement is signed, that things are more likely
to get worse before they get better. The study presented data showing the steady rise of
violent incidents since 2011 involving those known as “peace spoilers”, particularly the
Bangsamoro Islamic Freedom Fighters (BIFF). However, the study also revealed that while
incidents involving the Moro Islamic Liberation Front (MILF) and the Philippine Armed Forces
were decreasing, fighting between the MILF and the BIFF increased in areas surrounding
Mamasapano, disproving claims that the MILF has been providing safe haven to the BIFF. The
study brings home this significant point: that the decommissioning of the MILF’s Bangsamoro
Islamic Armed Forces (BIAF) would improve peace and security in Mindanao as this would have
a “knock-on” effect on other armed groups. As far as the GPH-MILF phasing for the
decommissioning of MILF forces is concerned, the passage of the BBL is key to jumpstarting the
process of gradual phasing out of rebel arms and combatants.
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Report of the Peace Council on the Bangsamoro Basic Law - Executive Summary
Among the issues discussed by the Cluster with general significance to the Peace Process
concerned the general public’s (a) need for assurance that the Bangsamoro would not secede
as an independent state in the future, (b) need for protection from extremism, (c) bigotry and
bias against Muslims, and (d) the need to acknowledge the efforts of the MNLF. The Cluster felt
that the best protection against secession and extremism is the Constitution, and the best
assurance against secession or extremism is not in the text of the BBL but in its implementation
and by giving genuine autonomy a chance. Allowing the peace process to move with the
passage of the BBL will also serve to strengthen the position of the moderates among the
rebels, and thus usher in hope that it will fend off extremist influence. But successfully
implementing the BBL will require that public come to terms with its biases. This can be
addressed by incorporating peace education and Muslim and IP history in all levels. Finally, our
lawmakers will need to acknowledge even at least in its explanatory note that the BBL
benefited from the gains and experience of the MNLF and their own peace agreement and
process.
With regards public order and safety, the issue of the Bangsamoro Police or the creation of the
Bangsamoro Command of the AFP turning into a separate Bangsamoro army was raised. The
Cluster felt that it was important to emphasize that the Bangsamoro Police is part of the
national PNP and that the Bangsamoro Command is under the direct supervision of the AFP
Chief of Staff. Questions were also raised on why the BBL requires the AFP to coordinate with
the Bangsamoro government as stipulated in the BBL’s provision. The Cluster recognized that
the AFP already coordinates with any local government unit, without impairing the capability
off the AFP to pursue its duty and mission. Vesting primary responsibility for security to the
Bangsamoro is enshrined in a principle the GPH and the MILF agreed to in the Framework
Agreement on the Bangsamoro (FAB) and currently practiced by the AFP. Moreover, the
Cluster believes that we must learn to trust the Bangsamoro to provide for their own security
even as we strengthen mechanisms for checks and balances. The best way to resolve questions
about Bangsamoro security is to fill the gaps in the existing relationship between the AFP and
the PNP.
Concerns over the lack of a clear and specific timeframe for decommissioning were raised.
Members of the cluster, nonetheless, acknowledged that the phasing of decommissioning has
been tied to milestones in the implementation of the peace agreement. Therefore, the MILF
will undertake gradual decommissioning depending on what aspect of the political deal has
been delivered. Retiring a huge chunk of arms and combatants in Mindanao, therefore, is tied
to the fate of the BBL. They key message here is if we want to avoid another Mamasapano
incident, we need to see to it that the BBL is passed. But this begs the question of
accountability for the Mamasapano incident. The Cluster was of the opinion that the incident,
other historical injustices, and peace and security generally can be dealt with by incorporating
within or supplemental to the BBL stronger mechanisms for transitional justice.
END
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Report of the Peace Council on the Bangsamoro Basic Law
The Peace Council
On March 27, 2015, during the celebration of the anniversary of the
Comprehensive Agreement on the Bangsamoro (CAB), President Benigno S.
Aquino announced that he had requested five respected citizen leaders to act as
convenors of an independent Peace Council: Manila Archbishop Luis
Antonio Cardinal Tagle, former Chief Justice Hilario Davide, Jr, businessman
Jaime Augusto Zobel de Ayala, former Philippine Ambassador to the Holy See
and Malta Howard Dee, and founder of Teach Peace, Build Peace Movement, Bai
Rohaniza Sumndad-Usman.
In his speech, the President lamented that the Mamasapano incident created
many doubts in the minds of Filipinos, and sidetracked the objective evaluation
of the proposed Bangsamoro Basic Law (BBL). In this context, the Peace Council
was envisioned to independently scrutinize the proposed law in a way that
tempered the prevailing strong emotions, after which the report could be made
public to assist national discussions on the BBL.
In response to the President’s invitation to gather other responsible leaders from
various sectors to spearhead a National Peace Summit to deliberate on and
discuss the Bangsamoro Basic Law (BBL), the original five (5) convenors agreed
to accept the challenge to look into the provisions with collective views and
recommendations, and to educate themselves and their constituencies in the
process. The five convenors also agreed to expand the Peace Council’s
composition to include other co-convenors who, like them, are pro-peace and
pro-dialogue.
In a statement released to the public, the convenors explained their role:
We would like to emphasize that we are not a pressure group or a
political movement; but rather, we are a group that would like to
provide an avenue for dialogue between independent-minded citizens
who believe in the importance of understanding the BBL and to discuss
its implications for peace and development in our country at a fair and
reasonable manner. We have no intentions to go beyond our selfimposed task of helping ourselves and our fellow citizens understand
the importance of the peace issues at hand.
On April 7, 2015, the five convenors had their first meeting with the expanded
Peace Council, where 27 identified co-convenors joined the five original
convenors. During the meeting, Mr. Zobel de Ayala explained the role of the
Peace Council and presented its key objectives as follows:
•
•
•
•
Assert citizens’ support for peace and development
Affirm the validity of pursuing a law to govern with meaning and
authority the autonomous Bangsamoro region
Clarify contentious issues
Ascertain the worthiness of BBL as the needed implementing
legislation of the Comprehensive Agreement on the Bangsamoro
The group decided to divide themselves into four clusters, namely: (1)
Constitutionality and Forms and Powers of Government (with Chief Justice
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Report of the Peace Council on the Bangsamoro Basic Law
Davide as chair); (2) Economy and Patrimony (with Mr. Zobel de Ayala as chair);
(3) Social Justice and Human Development (with Ambassador Dee and Ms.
Sumndad-Usman as co-chairs); and (4) Human Security (Peace and Order) (with
Retired General Alexander Aguirre and former Secretary Edilberto de Jesus as
co-chairs).
In his closing statement, Ambassador Howard Dee reminded the members of the
Peace Council of the significance of the task ahead:
Our overarching goal is peace with justice and development in Muslim
Mindanao: a political peace settlement that addresses the injustices
inflicted on the Bangsamoro religious, cultural and political identity as a
people, as after all, they had their political identity before there was a
Philippine nation; the human development of the Bangsamoro people
by restoring their human rights and freedom to reverse their economic
and social marginalization which has resulted in their human poverty
level that is about twice the national average; a process of cultural and
spiritual healing to overcome the deep-seated prejudices that continue
to divide our people.
In the two weeks that followed, the four clusters then proceeded to work on their
assigned issues and conducted a series of meetings. Each cluster adopted its
own processes and invited other participants and resource persons to the
discussion sessions to further enhance the collective knowledge, expertise,
experience, and wisdom of the groups.
On April 18, 2015, the Peace Council convened in plenary, and the four clusters
took turns in presenting the results of the cluster discussions. The convenors
were joined by those who had attended the various meetings of the four clusters.
This report contains the consolidated output of the Peace Council’s four clusters,
incorporating the discussions and recommendations during the April 18th plenary
meeting.
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Report of the Peace Council on the Bangsamoro Basic Law
Report of Cluster on Constitutionality,
Form and Powers of Government
Introduction
The proposed Bangsamoro Basic Law (BBL), which is envisioned to fulfill one of
the most significant mandates of the 1987 Constitution, is being questioned, and
threatened with an abrupt end, with arguments that it contravenes the
Constitution. This Constitutional Cluster was therefore created to analyze the
varied positions on the constitutional issues raised. The Cluster members
conducted a review of the numerous position papers, studies, and statements
presented and circulated, both by those who are opposed to the BBL and those
who are defending the BBL. Sifting through the different positions, the Cluster
then identified key contentious issues that needed to be examined and
addressed. This report contains a summary of the discussions conducted, and
presents the Cluster’s position, on these key contentious issues.
I. Framework
The Cluster’s analysis of the BBL is premised on five interrelated propositions
that serve as the over-arching framework for the Cluster’s task.

First, the passage of a law that creates an autonomous region is a
constitutional mandate.

Second, the passage of an organic law for the autonomous region is
compelled by the imperative of correcting the injustices of the past, the
urgency of the socio-economic-political context at present, and the
uncertainty of having a similar opportunity in the future.

Third, autonomy, especially in the context of the Constitution’s mandate
for the creation of autonomous regions is, in itself, a peculiarity, and the
region that is given autonomy must be recognized and respected for its
uniqueness.

Fourth, the BBL must be understood as an extraordinarily special law, not
only because of its nature as an organic act, but also, and more
importantly, as an embodiment of a peace agreement, the product of
prolonged negotiations.

Fifth, the Constitution must be interpreted liberally, so as to give life to its
provisions, and allow the fulfilment of the decades-old mandate for
genuine regional autonomy.
A. Constitutional mandate
The statement of the fourteen surviving members of the 1986 Constitutional
Commission eloquently explains the significance of the BBL, thus:
The importance of the Bangsamoro Autonomous Region to the future of
our country is unprecedented both as an unfulfilled promise and as a
model of equitable autonomy.
We fully support the creation of the Bangsamoro Autonomous Region.
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We believe that a new organic law is necessary to fulfill the vision and
spirit that guided the constitutional provisions on autonomous regions
since RA 6734 and RA 9054 have clearly not gone far enough to give
life to the concept of autonomy for Muslim Mindanao as envisioned by
the Constitution.1
Unlike ordinary legislation, the passage of the BBL is not merely part of the
regular exercise of the State’s legislative powers. It is the performance of a
sacred constitutional duty. Viewed differently, as the eminent constitutionalist
Fr. Joaquin Bernas, S.J., would put it, the establishment of the autonomous
regions is not a question of privilege, but a question of right, for the regions that
were guaranteed autonomy.2
The fourteen framers’ unanimous sentiment aptly characterized the realization of
the constitutional promise as “closing the gap between law and justice”. In the
public debates, various stakeholders must transcend the roles of proponents and
opponents, and engage in a collective exercise of dialogue and consensusbuilding. Indeed, as the framers put it, the fulfilment of the constitutional
mandate must be “the shared vision of a nation.”
B. Rationale, Urgency
The fourteen framers have outlined the fundamental reasons for the
establishment of the autonomous region:
The core principle of the 1987 Constitution in mandating a special
status for the autonomous regions is the human development of the
people of Muslim Mindanao and the Cordilleras. Hence, the public
conversation should not be about semantics but about people – their
needs, their aspirations, their choices - and about empowering them
with the environment and institutional framework for social justice.
xxx
xxx
xxx
Human development is a noble end in itself. But the larger context of
the CAB and the proposed BBL is our failure to effectively address the
longest running insurgency and the development of our peoples,
especially those of Muslim Mindanao.
xxx
xxx
xxx
The full flowering of Bangsamoro is assured if their leaders from a long
line of heroic resistance to colonization can believe that Bangsamoro,
with meaningful self-determination within the framework of the
Republic, has a future and they can help create that future.
It is important to emphasize that the creation of a meaningful autonomy in
Muslim Mindanao is a social justice issue, as well as a peace and development
(i.e., human security) issue.
1
2
Framers of the 1987 Constitution Support Bangsamoro, January 9, 2015.
Bernas, The 1987 Constitution of the Republic of the Philippines, A Commentary, 1139, (2009).
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As the framers pointed out, the negotiations for a Bangsamoro peace agreement
have dragged on for 17 years. The result is an autonomous law that broadens
the original one and more fully complies with our government’s Constitutional
promise and duty. With the Aquino government’s commitment and the trust that
it has generated among the Bangsamoro people, the current context provides an
auspicious timing for the creation of the Bangsamoro Autonomous Region. And
with the fast approaching elections, and the upcoming transition in government,
further delay in the completion of the process could effectively derail the peace
agreement.
C. Autonomy
Autonomy and self-governance are not equivalent to independence or statehood.
It is a statement of national unity achieved not just by acknowledging human
diversity, but allowing diversity to thrive.
The Autonomous Regions were created as special local governments that were
distinct from the territorial and political subdivisions existing prior to the 1987
Constitution. The specific provisions on the Autonomous Regions are not just
token statements about the internally diverse histories and cultures of the
Philippines. They are a recognition that, despite decades of trying, these
different cultures had not been served in any effective way by the national
government.
By assuming that all Philippine culture could adapt to national policies in the
same way, the national government was incapable of creating laws and policies
that were as relevant to Muslim Mindanao and the Cordilleras as the rest of the
dominant national (Christian) majority.
Unable then to progress under an “assimilative” legislative regime, Muslim
Mindanao and the Cordilleras had fallen behind. The unrest that plagued those
regions was not the cause of their separate progress, but the result of it. The
creation of the autonomous regions is “an indictment against the status
quo of a unitary system that, [to my mind] has ineluctably tied the hands of
progress in our country.”3
The Constitution therefore contemplates that within the single democratic and
republican Philippine State, Congress would create Autonomous Regions that
could exercise all traditional powers of government: police power, taxation and
eminent domain, in the same way as all local government units, but would enjoy
less interference from the national government. This flexibility and freedom
given to Autonomous Regions is the only way they could successfully chart their
own unique path.
Parenthetically, the creation of such a “sui generis” autonomous region in Muslim
Mindanao can be considered as a pilot case and model for the future
3
Statement of Commissioner Nolledo, cited in Disomangcop v. Datumanong, G.R. No. 149848. November 25,
2004.
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Report of the Peace Council on the Bangsamoro Basic Law
development of the rest of the country, including revisiting the effectiveness of
the unitary system.
A law creating an Autonomous Region for Muslim Mindanao cannot be expected
to reiterate the same powers or structures as our traditional political
subdivisions. To expect an Autonomous Region to behave like a province or city
defeats the purpose of autonomy. Similarly, to treat the Autonomous Regions
like other local government units defeats the purpose of autonomy. The
existence of diverse regions means that assimilation now goes both ways: the
majority and minority adjust to each other. The BBL appears to correct the
failings of the previous organic laws to provide more meaningful autonomy to the
region.
An organic law that creates a meaningful autonomy is without precedence and
makes the endeavor understandably daunting. But unity in diversity is a
promise all Filipinos made to ourselves when we ratified the 1987 Constitution
and it’s about time we keep it.
D. Peace Agreement
The BBL must be understood in its proper context. It is not an ordinary
legislative proposal that comes into being merely with the sponsorship of a
legislator or a group of legislators. It is likewise not comparable to a number of
legislative proposals that came out of a process of drafting by stakeholders, and,
eventually, picked up by champions among the legislators. The BBL is a product
of a peace agreement, forged after decades-old peace negotiations, borne out of
the country’s exhaustion with war. The negotiations were done with the
participation of international facilitators and observers. The drafting of the BBL
underwent an elaborate process, even necessitating the creation of a composite
Bangsamoro Transition Commission.
This does not mean, however, that the Congress, as the repository of legislative
powers, is deprived of the exercise of its constitutional prerogative. On the
contrary, understanding the nature of the BBL will place greater significance on
the legislative process and put it in the proper perspective. The legislative
process must be seen as an indispensable and final step to complete and
implement the agreement. Legislation must be seen, therefore, as a
continuation and finalization of the peace agreement. Legislators are not only
policy formulators, they become peace-builders.
The grant of regional autonomy had been presented, from the deliberations of
the Constitutional Commission, to the prolonged peace negotiations, and until
the ongoing debates on the BBL, as an alternative to independence or secession.
But more than an alternative to independence or secession, the establishment of
the Bangsamoro Autonomous Region through the BBL must be seen as an
alternative to war. Again, this is not to say that the threat of war is a Damocles
sword that hangs above the Legislative’s head. This is just to emphasize that
legislation, in this context, should be seen as a peace-building exercise.
When asked by Constitutional Commissioner Ricardo Romulo if the choice of the
Commission was either to accept these provisions and have peace or reject them
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Report of the Peace Council on the Bangsamoro Basic Law
and have war, the late Constitutional Commissioner Blas Ople had a very candid
response:
It is not the Committee but it is history that presents this choice to our
people. I do not think it can be denied that more than 100,000 lives
have already been lost. There would have been many more thousands
of lives lost, if there was no ceasefire in 1976 and 1977. That
Agreement, of course, has suspended hostilities for a time.4
Almost three decades and several thousand more lost lives after such
conversation, Ople’s words still apply, and with greater resonance, today.
History still presents the same dilemma, not just to the Congress, but to our
people.
E. Giving Life to the Constitution
In interpreting the BBL, any doubt must be construed liberally, and not
restrictively, so as to give life to the constitutional mandate. This includes the
creation of autonomous regions, self-determination, equal protection, social
justice and human rights, all under a regime of peace. If there is a possibility for
both an interpretation that is constitutional and an interpretation making a law
unconstitutional, the more liberal interpretation that renders the law
constitutional in favor of peace should be adopted. The BBL does not guide the
interpretation of the Constitution; the Constitution guides the interpretation of
the BBL.
Much of the confusion and concern about the Constitutionality of the BBL can be
resolved by applying one of the most basic rules of interpretation in
Constitutional Law: that as the fundamental, paramount, and supreme law of
the nation, the Constitution is deemed written in every statute and contract.5 As
a rule of statutory construction, if there are provisions of a statute irreconcilable
with the Constitution, the Constitution prevails.
An organic act has only ever been differentiated from an ordinary statute
because it (1) creates or is constitutive of a unique political entity within our
State, and (2) requires a plebiscite for its ratification and amendment. Neither
this creation nor process changes the character of the document as a statute.
When reading the proposed Bangsamoro Basic Law, it is therefore presumed that
all Constitutional powers of government and the Constitutional Commissions and
bodies remain intact, regardless of whether the law explicitly provides for it or
not. There is no creation of a separate kind of citizen, and no creation, virtual or
otherwise, of a political territory that is greater than the national government
that creates it, or beyond the reach of the Constitution that allows it. There can
be no surreptitious amendment of the Constitution because even if it is the
intention, there can be no interpretation of the statute that could recognize it.
4
Bernas, The Intent of the 1986 Constitution Writers, 727 (1995).
Manila Prince Hotel v. Government Service Insurance System, G.R. No. 122156, 03 February 1997, 335 Phil. 82
(1997)
5
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In Tanada v. Angara (1997)6, the Supreme Court explained the context of
constitutional interpretation, thus:
It is not difficult to answer this question. Constitutions are designed to
meet not only the vagaries of contemporary events. They should be
interpreted to cover even future and unknown circumstances. It is to
the credit of its drafters that a Constitution can withstand the assaults
of bigots and infidels but at the same time bend with the refreshing
winds of change necessitated by unfolding events. As one eminent
political law writer and respected jurist explains:
“The Constitution must be quintessential rather than superficial, the
root and not the blossom, the base and framework only of the edifice
that is yet to rise. It is but the core of the dream that must take
shape, not in a twinkling by mandate of our delegates, but slowly ‘in
the crucible of Filipino minds and hearts,’ where it will in time develop
its sinews and gradually gather its strength and finally achieve its
substance. In fine, the Constitution cannot, like the goddess Athena,
rise full-grown from the brow of the Constitutional Convention, nor can
it conjure by mere fiat an instant Utopia. It must grow with the society
it seeks to re-structure and march apace with the progress of the race,
drawing from the vicissitudes of history the dynamism and vitality that
will keep it, far from becoming a petrified rule, a pulsing, living law
attuned to the heartbeat of the nation.”
The task of interpreting the BBL, in the context of the Constitution, will not be
easy. Parallel interpretations may be possible. Different sets of experts can take
polarized positions. As the statement of the fourteen constitutional framers
pointed out:
The challenge of the BBL presents to us another chance at
national incandescence. It is within our reach. Let us set aside
partisan politics and stop the urge to exhibit our ability to find nuances
of legalism that can delay, or worse, derail, the process, feeding on the
cynicism and playing on the fears in the national psyche that are more
reflex reaction than reasoned response.
Former Speaker and Commissioner Jose Laurel Jr. described the new
Constitution as the imprisonment of the past and the unfolding of the
future.
It has been 27 years since it was approved by our people but we are
still living in the mass poverty, gross inequalities and cultural inequities
of the past, and the promise pf genuine social change has not unfolded.
There is no better way to demonstrate our commitment to peace and
development than by giving the Bangsamoro people the opportunity to
create a higher and better future for themselves than what they have.
This calls for courageous statesmanship from our leaders and
the generosity of spirit of a united nation.
6
Tanada v. Angara, G.R. No. G.R. No. 118295, May 2, 1997, citing Justice Isagani A. Cruz, Philippine Political
Law, 1995 Ed., p. 13, quoting his own article entitled, “A Quintessential Constitution” earlier published in
the San Beda Law Journal, April 1972; underscoring supplied.
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Report of the Peace Council on the Bangsamoro Basic Law
The Constitution, which is the fundamental source of both the mandate for
government to grant autonomy, and of the right of the concerned regions to
receive such meaningful autonomy, should not be used as the primary obstacle
for achieving its own purpose. Otherwise, the Constitution that has long been
recognized as a powerful symbol of the nation’s struggle for liberation, will
become an impermeable prison for itself.
Furthermore, each branch fulfills their responsibilities using unique terms of art.
In this unique instance, what is presented to Congress is a draft law created by a
special peace panel from the Office of the President. This is a rare instance
where the executive participates in law making and not just in execution.
Similarly, Congress also participates in statutory interpretation as it
contemplates the meaning and purpose of the draft BBL.
Within the context of conflict resolution and peace building, the government – all
three main branches – are seen as a single unit and with the sensitivity of peace,
the language of the peace agreement must be able to reflect this. The Executive
as peace negotiators, Congress as lawmakers and the Judiciary as law
interpreters are not in competition for meaningful peace against the other. While
each branch performs their respective roles and each fulfills their responsibilities,
all should take greater care to respect this language of the other to create an
agreement with a unified language of peace.
In all, the Constitution is not a bundle of legalisms for legal scholars to debate on
its nuances that they alone know. It is a document meant to be read broadly and
understood by the people and liberally interpreted in their favor. The BBL is a
political experiment “as all life is an experiment”7 and gives our lawmakers an
opportunity to bring it to fruition instead of declaring it “unconstitutional and
stillborn at the outset”.8 Stated differently, any interpretation of any
Constitutional provision that leads to war and abject poverty could not have been
its intention.
II. Specific Issues
With the foregoing key premises serving as framework for the discussion, the
Cluster analyzed main principles and contentious issues, which are grouped
together into six major categories: (a) Social Justice; (b) Statehood, and
Form/System of government; (c) Intergovernmental Relations; (d) Justice
System; (e) Constitutional Bodies; and (f) Plebiscite. These issues will be
discussed next.
A. General Principle of Social Justice
Since the creation of a meaningful autonomy in Muslim Mindanao is a social
justice issue, as well as a human security issue, it is suggested that (1) the
Preamble explicitly state the principle of social justice; and (2) Article IV, Sec. 7
7
Oliver Wendell Holmes
Pacifico Agabin & Oscar Franklin Tan, A Liberal Interpretation of the Bangsamoro Basic Law, J. INTEG. B. PHIL.
(2015) (for publication). Hereinafter AGABIN AND TAN.
8
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on “General Principles” include the definition on social justice provided in the
Constitution, which provides broader rights than that expressed in the BBL.
B. Statehood, and Forms/System of Government
There are several objections to BBL provisions because of the fear of an intended
or unwitting creation or recognition of a separate Bangsamoro state. The
absence in the Constitution of the power to create independent state
notwithstanding, a brief discussion on statehood may be warranted.
The creation of a State is a complex matter in international law. At one time,
there was an attempt to describe a state in the Montevideo Convention of 1933.
But like most things in international law, it is not a simple checklist that once
fulfilled requires an automatic response from other states to recognize statehood.
The Montevideo Convention describes a state as composed of a territory, a
people, a government, and the capacity to enter into relations with other states
(sovereignty). Fears of statehood relate to these very provisions in the BBL as
discussed below. A cursory application of this criteria, as has been suggested,
would make Davao or Makati a state. For that matter, the European Union would
be a state. Over time, there have been suggested clarifications or additions such
as an “independent” government – that is, not dependent on a parent
government - an exclusive power or “monopoly” of entering into particular
relations with other states involving more than commercial transactions, or even
compliance with certain international norms.
More certain are that (1) achieving statehood is extremely complex; (2)
secession is discouraged; and (3) acquiring territory by the use of force is
prohibited, much less through acts of terrorism. At best, some form of
belligerency may turn into statehood in cases of colonial domination, occupation
by another state, or racist regimes, but even these cases are extremely rare and
do not apply to the Philippines. Furthermore, if one state assists a revolutionary
group within another state, this can be considered such threat or use of force, or
an act of war, prohibited by international law, subject to stern international
reprimand and severe international sanctions.
1. People
Defining a Bangsamoro People does not create a new citizenry or nationality.
“The definition of ‘Bangsamoro People’ in Article II, Section 1 is only an
affirmation of identity, not a definition of citizenship in the Bangsamoro Entity.”9
The word “peoples” is used as a descriptive term with respect to “Indigenous
Peoples”, of which the Bangsamoro People is a part. There does not appear to
be any indication or intent to create a new kind of citizen. The use of the term
“citizen” as used in the BBL appears generic and refers to all, whether part of the
Bangsamoro People or not. As such, no discrimination appears explicitly or
impliedly. The non-Bangsamoro do not lose civil or political rights, and
qualifications for candidacy in the Bangsamoro do not require identification as a
“Bangsamoro People”.
9
AGABIN AND TAN.
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“Who belongs to the ‘permanent population’ (that constitutes) a state is
determined by the internal law on nationality, which international law leaves to
the discretion of states, except for a number of limited circumstances.” 10
Philippine citizens are determined by the Constitution and regardless of however
else a group of peoples may describe or identify themselves, we continue to
identify them all as citizens of the Philippines.
Where the term “citizen” may be interpreted as restrictive, as in the case of the
Social Justice provision (Article IV, Section 7), the term “constituent” or
“inhabitant” may be applied in its stead. Otherwise, the BBL provisions
describing a “Bangsamoro people” may stand without need of clarification.
2. Territory
Defining a Bangsamoro territory does not create or imply an independent state.
The word “territory” whether in legal11 or on ordinary parlance12 means generally
an area under a particular jurisdiction. An area with its own defined area,
jurisdiction, or rules does not make that territory independent from its parent
state. It is used to describe trust territories, incorporated and unincorporated
territories, occupied territories, non self-governing territories, dependent
territories, or external and internal territories, each with varying degrees of
powers and independence and historical antecedence. Not even the use of the
term “nation” implies independent statehood, and when not associated with the
nation-state, also is more closely associated with the term “people” and refers to
a common ethnicity.
The Constitution describes provinces, cities, municipalities and barangays as
“territorial subdivisions”13, and describes adjacent “territories” of legislative
districts.14 The Local Government Code frequently refers to the areas of local
government units as “territories”.15 The Constitution’s Article X, Section 20,
speaks of the “territorial jurisdiction” of the autonomous regions.
In international law, a state with a defined territory generally has an exclusive
competence of all legal or factual measures within that territory. In the BBL, the
Bangsamoro does not have nor is contemplated to have this exclusive
competence. Whatever powers are not shared or granted by the national
government remain in the national government, a general enumeration of
“exclusive” powers notwithstanding.
Most telling, as with the current ARMM Organic Acts, is the declaration in the BBL
that the Bangsamoro territory “shall remain a part of the Philippines.”16
10
Akehurst’s Principles of International Law 76-77.
Black’s Law Dictionary cited in the position paper of retired Justice Vicente V. Mendoza.
12
New Oxford American Dictionary.
13
Art. X, Sec. 1, 1987 Constitution.
14
Art. VI, Sec. 5, 1987 Constitution.
15
Secs. 15, 174, 386, 442, etc., R.A. 7160 as amended, hereinafter the “Local Government Code.”
16
Art. III, Sec. 1, House Bill 4994.
11
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However, as regards the opt-in provisions of “contiguous territories”, the core
Bangsamoro territories should not be allowed to increase indefinitely by the
periodic vote of 10% of registered voters in the outer territories. The
establishment of a plebiscite that fixes the territory is a Congressional
prerogative that cannot be delegated.
A perpetual opt-in provision makes the Bangsamoro territory indefinite and
keeps the organic act in constant flux. Since the creation of an autonomous
region, including the definition of its territory, is the sole function of Congress,
such changes of territory that establishes the limits of the region requires specific
acts of Congress. An indefinite opt-in provision would be an undue delegation of
legislative power to a possible erratic 10% of an indeterminate population.
For purposes of clarity, it is therefore recommended that references to
the opt-in provisions in Article III, Sec. 3, and in Article XV, Sec. 4 be
deleted. Otherwise, the definition of the “Bangsamoro territory” in the BBL may
stand without need of amendment.
During the April 18 plenary discussion, some participants inquired if the removal
of Article III, Sec. 3 and Article XV, Sec. 4, would prevent any future expansion
of the territory of the region. The Cluster clarified that the future expansion of
the Bangsamoro territory would still be possible, but any such future expansion
of the territory should proceed from an act of the Legislative, and subject to
ratification in a plebiscite. As presently worded, however, Art. XV, Sec. 4 would
allow the expansion and subject such adjustment of the territory to a plebiscite,
by the mere petition of 10% of the population of the concerned area.
3. Self-determination
The right of self-determination is a right of all peoples and is not equivalent to
the right to statehood. Its claim and use in the BBL is not a promise of secession
but a declaration of a right all Filipinos possess. The Constitutional promise to
the Muslim Mindanao and the Cordilleras of their own autonomous region is itself
recognition of the need for the peoples identified therein to exercise differently
their own right to self-determination as part of the larger Filipino nation.
“Self-determination” was popularized around the early 20th Century when there
were increasing moves to decolonize. It is within the era of decolonization that
self-determination implied secession. Outside of decolonization, there is no such
link. Self-determination is therefore generally understood to mean what our own
Supreme Court has recognized as “internal” self-determination. While
international law recognizes the right to self-determination of peoples, there is
no right to statehood, and there is no right to secession. As international law
encourages peoples to determine their destiny, it also frowns upon the
destabilization of states and breaches of international peace that would occur if
there was constant internal struggle to secede, and where groups of “peoples”
can be formed based not only on religion, but on race or ethnicity, or any other
criteria.
The BBL provision may stand without need of clarification.
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4. Parliamentary form
Our Constitution permits a parliamentary form of government in local
government units.
The prescribed unitary and Presidential form of government established in the
Constitution refers to the national government. When it comes to local
government units, however, the Constitution “only requires that the government
of an autonomous region ‘consist[] of the executive department and legislative
assembly, both of which shall be elective and representative of the constituent
political units.’17 This is met in the BBL even though the Chief Minister of the
Bangsamoro Entity is elected by the Bangsamoro Parliament and not directly by
the electorate, as there is no requirement in the Constitution that the
autonomous region’s chief executive be directly elected.”18 In fact, Congress
may provide a different government structure within all local government units.
The Constitution only requires Congress to “enact a local government code which
shall provide for a more responsive and accountable local government structure
instituted through a system of decentralization….” 19 What structure is “more
responsive” and “accountable” is left to the wisdom of legislature.
There are provisions related to the parliamentary form of government that need
some refinements. First, there is a need to harmonize the use of terms. In
Article IV, Section 2, the BBL provides that the Bangsamoro Government shall be
parliamentary. In Section 3 of the same article, however, the BBL uses the
term, “ministerial form of government”. To avoid any confusion and possible
misinterpretation, it is recommended that the term “ministerial” be
dropped, and replaced with “parliamentary” for consistency and clarity.
Second, the BBL’s Article VII, Section 34 provides for the call for a new
parliamentary elections, upon a two-thirds (2/3) vote of no confidence of all
members of Parliament against the government of the day. While this may be
one of the models of the parliamentary form of government, it may mean the
holding of elections for the Bangsamoro parliament every time there is a no
confidence vote, i.e., not later than one hundred twenty (120) days from the
date of dissolution. This will run counter to the constitutionally mandated
synchronization of national and local elections, which, as held in the recent
decision in Abbas Kida v. Senate20, should include the ARMM elections, as it is a
“local” election based on the wording and structure of the Constitution. To
address this, it is recommended that the vote of no confidence must
affect the government of the day, not the parliament, so that
parliamentary elections in the Bangsamoro can be synchronized with
other national and local elections.
Aside from these two areas, the BBL provision may stand without need of
clarification.
17
Art. X, Sec. 18, 1987 Constitution.
AGABIN AND TAN.
19
Art. X, Sec. 3, 1987 Constitution.
20
G.R. No. 196271, October 18, 2011.
18
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5. Separation of church and state
Passing the BBL does not constitute establishment of religion, much less enforce
one upon Filipino citizens. The creation of an autonomous “Muslim” Mindanao or
the use of a “Wali” as a titular head of the Bangsamoro does not violate the
principle of separation of Church and State.
A Wali is not required to be a religious person, and as described or defined, is as
much a guardian or head. As it is, our own Constitution does not prevent priests
from holding public office, only that there are no religious sectors. “Muslim
Mindanao” is a term used in the Constitution to describe the autonomous region
and as a proper recipient of government money as a government unit. It is
meant to be as descriptive as the term “Christian majority” is used to describe
the rest of the country. The BBL actually secularizes the name further by using
the word Bangsamoro with more emphasis on their historic character than a
religious one. Payments made by the Central government to the Bangsamoro
government would not necessarily be payments made to establish Islam, and
any accusation otherwise can be settled by the court.
The manner of implementation must be allowed flexibility. In all governments,
there is some manner of religious morality within the laws. As Bernas would
point out, “Modern society is faced with the phenomenon of expanding
government reaching out its regulatory arm to an ever growing variety of areas
of human action and the phenomenon of a growing articulation and acceptance
of an expanding concept of religion.”21
The BBL provision may stand without need of clarification.
C. Intergovernmental Relations
1. Allocation of powers
The powers of government are classified in the BBL as: (1) those that are
reserved to the Central Government; (2) powers that are concurrent between the
Central Government and the Bangsamoro Government; and (3) powers that are
exclusive or devolved to the Bangsamoro Government. This allocation of powers
is consistent with the mandate of the Constitution. The recommendations of the
Cluster only pertain to minimal revisions and additional wordings.
The grant of exclusive powers to the Bangsamoro Government is not tantamount
to a superior Bangsamoro Government or a weakened Central Government. It
only refers to powers that are devolved to the Bangsamoro Government, which
remains under the Central Government, but as an autonomous region.
To remove such misunderstanding, the title on exclusive powers22 may
be amended to state: Section 3. Exclusive and Devolved Powers to
emphasize that the source of this exclusivity is devolution of powers.
The difference with respect to the creation of Autonomous Regions is the
Constitutional right to greater delegated powers with more freedom to use it, not
21
22
Bernas, The 1987 Constitution of the Republic of the Philippines, A Commentary, 329, (2009).
HB 4994, Art. V, Sec. 3.
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as compared to the national government, but compared to other political
subdivisions.
The term “autonomy” has many definitions. It can mean “independence “and
“freedom from external control”, but it also means “self-government” or more
simply, “something that exists separately from other things.” The word
“autonomy” alone does not have a specific implication or legal consequence in
international law. For that matter, neither does “self-governance” or even
“independence.” In the myriad of states and kinds of governments within states
all around the world, descriptions of internal organizations may have different
meanings. One must also remember that many are created using different
languages and even within the same language, there are evolved meanings,
much like our legal terms have different implications from the same words used
in the United Kingdom or Australia. It is difficult to make definite statements in
international law about words intended for local use unless a number of other
factors come into play. Since the Philippine Constitution does not allow the
creation of any other state or secession of any peoples, the BBL provisions can
imply nothing more than internal organization and creation of the Bangsamoro
nation as an internal subdivision of the State with designated powers. Congress
would have no authority to do anything more.
2. Inter-governmental relations, General Supervision
Intergovernmental relations in the BBL refer to the concept of devolution as
inspired by the principles of subsidiarity. The President exercises general
supervision only over the Bangsamoro government as required by the
Constitution.23 This is clear in the BBL, and there is no provision that indicates a
reduced power of the President.
Running parallel to the principle of subsidiarity is the principle of solidarity as an
inherent right and duty of the State, and not just of the President. As provided
in Sections 1 and 6 of Article XII, all areas of economy, whether in the
declaration that all economic agents “contribute to the common good”, where all
regions are given the optimum opportunity to develop,24 or where the private
sector is encouraged to broaden its base of ownership,25 and own and operate
economic enterprises,26 these rights are always subject “to the duty of the State
to promote distributive justice and to intervene when the common good so
demands.”27
The principle of solidarity is already reflected in the BBL section on Devolution
and Subsidiarity requiring all governmental decisions to adhere to
“considerations of good governance and the general welfare”.
It is therefore suggested for greater emphasis, that the Article VI, Sec. 6
on Devolution and Subsidiarity be amended to read “Principles of
Devolution and Subsidiarity, and of Solidarity” and that all BBL
23
HB 4994, Art. VI, Sec. 3.
Art. XII, Sec. 1, 1987 Constitution.
25
Art. XII, Sec. 1, 1987 Constitution.
26
Art. XII, Sec. 6, 1987 Constitution.
27
Art. XII, Sec. 6, 1987 Constitution.
24
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provisions that refer to the principle of subsidiarity, such as the
Preamble should concomitantly include the principle of solidarity.28
Furthermore, it is recommended that the first paragraph of the Preamble
may also emphasize the central theme of social justice and the common
good by providing that: "We, the Bangsamoro people and other inhabitants of
the Bangsamoro, imploring the aid of the Almighty God, aspiring to establish
enduring peace AND JUSTICE AND A REGIME OF SOCIAL JUSTICE AND FULL
HUMAN DEVELOPMENT WHERE THE POOR ARE THE CENTRE OF
DEVELOPMENT, AND ASSERTING OUR RIGHT TO CONSERVE AND DEVELOP OUR
PATRIMONY FOR THE COMMON GOOD.”
3. Asymmetric relationship29
Some comments on the BBL equate the asymmetric relationship between the
Central Government and the Bangsamoro Government as similar to the
associative relationship that was rejected by the Supreme Court in the BBL’s
predecessor, the MOA AD.30 A simple perusal of the BBL, in relation to the
allocation of powers and the inter-governmental relations, as discussed earlier,
will clearly demonstrate that “asymmetric relationship” is different from
“associative relationship”.
To obviate any doubt as to the meaning of “asymmetric relationship,” a
definition of the term in the BBL may be inserted. The proposed
definition would state that the term “’asymmetric relationship’ refers to
the relationship between the central government and the Bangsamoro
government as an autonomous region, where, as provided under Section
15, Article X of the 1987 Constitution, the autonomous regions are
granted more powers and less intervention from the national
government than territorial and political subdivisions.” The term
“territorial and political subdivisions” refers to other local government units. This
is a combination of the definition proposed by Dean Antonio G.M. La Vina and the
description provided by Justice Marvic Leonen in his Concurring Opinion in the
case of League of Provinces of the Philippines v. DENR.31
Incidentally, the reference to the term “Central Government” in the BBL may be
to avoid an interpretation where “National Government” encompasses all of
government, including local governments. The use of the term Central
Government may be useful to emphasize that the Bangsamoro Government is
outside the supervision of any local government unit.
4. Powers of the Bangsamoro Parliament
The enumeration of powers given to the Bangsamoro parliament under the BBL
is consistent with the Constitutional provision. Article X, Section 20 of the
Constitution is broad enough as it includes a paragraph on “(s)uch other matters
as may be authorized by law for the promotion of the general welfare of the
28
i.e, HB 4994, Art. VI, Sec. 6; HB 4994, Art. XIII Sec. 31 (a); Preamble.
HB 4994, Art. VI, Sec. 1
30
Province of Cotabato vs. GRP; GR No. 183591 (October 14, 2008)
31
League of Provinces of the Philippines v. DENR, GR No. 175368, 11 April 2013
29
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people of the region.” The potential overlap between the legislative powers of
the Congress, and the Bangsamoro parliament, which is objected to by some
experts, is an unavoidable consequence that is also true as far as the legislative
powers of regular local government sanggunians are concerned. These potential
overlaps, or even conflicts, should be addressed by the application of the
principles on hierarchy of laws, and on conflict of laws.
As regards the power of the Bangsamoro Parliament to enact a law that
will create, divide, merge, abolish or substantially alter boundaries of
provinces, cities, municipalities or barangays,32 this is a power that can
be delegated to local government units and the Bangsamoro government
can rightly exercise such delegated power. Under the Local Government
Code, sangguniang panlalawigan and sangguniang panlungsod are authorized to
create barangays.33
5. Exploration, Development and Utilization of Natural Resources
The grant to the Bangsamoro Government of the authority, power and right to
explore, develop and utilize the natural resources within its territorial jurisdiction
is an acceptable formulation.34 The National Government, pursuant to the
principles of subsidiarity and solidarity, may authorize the Bangsamoro
Government to develop resources within its territorial jurisdiction. Similar
authorizations have been done in the ARMM Organic Acts.35 The BBL likewise
provides for preferential rights of bona fide inhabitants of the Bangsamoro, and
preferential rights of indigenous peoples within their area. 36 Such
authorization given to the Bangsamoro Government must be understood
as subject to the provisions of the Constitution on National Economy and
Patrimony.
6. Fiscal autonomy
There is no constitutional infirmity in the provisions of the BBL on fiscal
autonomy.37 The block grant is not akin to the PDAF that was declared
unconstitutional by the Supreme Court.38 The block grant referred to in the BBL
is similar to the Internal Revenue Allotment (IRA) under the Local Government
Code (LGC). In fact, the wording of BBL’s Article XII, Section 15-17 is very
similar to the LGC’s formulation in its Section 284 and 286. Similar to the
provisions concerning the IRA for ordinary local governments, the block grant for
the autonomous region is a faithful adherence to the Constitutional mandate that
local governments shall have a just share, as determined by law, in the national
taxes which shall be automatically released to them. (ART. X. Sec. 6)
32
HB 4994, Art. V, Section 3 (57). The provision clarifies that when such acts require the creation of a
congressional district, the Bangsamoro Government shall cooperate and coordinate with the Central
Government. This is in accordance with the Supreme Court decision in Sema v. COMELEC (GR No. 177597, July
16, 2008).
33
Article 385.
34
HB 4994, Art. XIII, Section 13
35
See RA 6734, Art XIII, Sec 2, and Art. III, Sec. 8; RA 9054, Art XII, Sec 5 (a), and Art. III, Section 8.
36
HB 4994, Art. XIII, Sec. 11 and 12.
37
HB 4994, Art. XII, Sec 1, 15-16.
38
Belgica, et al vs Ochoa, et al., GR No 208566 (November 19, 2013)
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D. Justice System
1. Shari’ah law
The BBL’s Art. X, Sec. 3, provides for the power of the Bangsamoro Parliament to
enact laws pertaining to “persons and family relations, and other civil law
matters, commercial law, criminal law, including the definition of crimes and
prescription of penalties thereof.” This provision is within the powers of the
legislature to delegate to local governments as provided for in Art. VI,
Sec.1 of the 1987 Constitution. Despite the restrictive wording in the
Constitution’s Art. X, Sec. 18 and Sec. 20 (4), which provides that
legislative powers of the autonomous region may only extend to
“personal, property, and family relations”, Sec. 20 (9) also provides that
the organic act shall provide for legislative powers over “such other
matters as may be authorized by law for the promotion of the general
welfare of the people of the region.”
2. Jurisdiction of Shari’ah courts
Art. X, Sections 5, 6, and 7 of the BBL provides for the establishment of Shari’ah
Circuit Courts, Shari’ah District Courts, and a Shari’ah High Court, respectively.
These provisions are within the power of Congress to define and expand
the jurisdiction of courts. Under the Constitution, the Congress shall have the
power to define, prescribe, and apportion the jurisdiction of the various courts.
(Article VIII, Section 2). Hence, this legislative power can be included in the
additional matters that the Congress can authorize the autonomous region to
possess.
Furthermore, it should be clarified that Judicial Authority is not being granted the
Bangsamoro Government. It must be noted that, in BBL’s Article VII on the
Bangsamoro Government, there is a set of provisions on the parliament, and a
set of provisions on the Executive Officers, but none on a judiciary. Judicial
power remains with the Supreme Court, which is vested by the Philippine
Constitution with such power (Art. VIII, Sec. 1, 1987 Constitution). The BBL
envisions the creation of special lower courts under the control and supervision
of the Supreme Court. Art. X, Section 1, of the BBL provides that the justice
system in the Bangsamoro shall consist of the Shari’ah law (should read as
“court”) with application over Muslims only, the traditional or tribal justice
system, for the indigenous peoples in the Bangsamoro, the local courts, and
alternative dispute resolution systems.
3. Finality of decisions of Shari’ah High Court
The BBL’s provision (Art. X, Sec. 7) may be seen as being unconstitutional for
limiting the jurisdiction of the Supreme Court provided under Sec. 5, Art. VIII of
the Constitution, which jurisdiction Congress may not amend under Sec. 2, Art.
VIII. The provision states that the decisions of the Shari’ah High Court shall be
final and executory. This is not unique to the BBL. The Labor Code, as an
example, is replete with provisions making decisions of the Secretary, the
National Labor Relations Commission (NLRC) and the Voluntary Arbitrator “final
and executory”. Despite this wording, however, the Supreme Court has
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Report of the Peace Council on the Bangsamoro Basic Law
consistently ruled that such decisions shall still be subject to the review powers
of the Supreme Court (after going through the Court of Appeals). The only
import of such wording is its effect on the mode of review of the decision which is
declared “final and executory”, i.e. the decision is not subject to an ordinary
appeal, but reviewable only through an original action (Petition for Certiorari
under Rule 65 of the Rules of Court, in the case of the decisions of the Secretary
and the NLRC) or a special appeal (under Rule 43, for decisions of the Voluntary
Arbitrator).
In order to avert any confusion, the provision may be amended to
include the clause, “subject to the review powers of the Supreme Court.”
In any case, under the Constitution, all government actions can be brought to
the Supreme Court for settlement of actual controversies or when there is grave
abuse of discretion.
4. Recommendations to the Judicial and Bar Council (JBC)
Art. X, Sec. 10 of the BBL provides for the recommendatory authority of the
Shari’ah JBC to the national JBC for position of judges of Shari’ah District and
Circuit Courts in the Bangsamoro and the justices of the Shari’ah High Court. The
provision states that the JBC shall give utmost consideration to the Shari’ah JBC
nominees in recommending appointees to the President. This is acceptable
because there is no curtailment or encroachment of the JBC’s powers.
5. Jurisconsult
The BBL provides for the establishment of the Bangsamoro Jurisconsult in Islamic
Law (Art. X, Sec. 21) and the strengthening of the Office of the Jurisconsult (Sec.
22).
The two provisions should be distinguished with the former pertaining to the
Jurisconsult exclusive to the Bangsamoro and the latter to the National
Jurisconsult under P.D. 1083. It is proposed that the Bangsamoro
Jurisconsult (under Sec. 21) should be similarly referred to in the law as
“Darul-Ifta.” In order to represent the majority of the ethnic groups, it
is recommended that the deputies be increased from three (3) to six (6)
members and with at least one (1) woman deputy. The Parliament
should be given the discretion on how to further define the powers of
the Bangsamoro Jurisconsult under Section 21, as well as the required
qualifications for the positions of the Jurisconsult (Mufti) and its
deputies. As regards the strengthening of the Office of Jurisconsult
under P.D. 1083, the mandate seems to be addressed to the Congress,
and therefore, may be a misplaced provision in the organic act.
E. Constitutional Bodies
The BBL introduced the creation of the following bodies: (1) Bangsamoro Human
Rights Commission, (2) Bangsamoro Auditing Body, (3) Bangsamoro Civil Service
Office, (4) Bangsamoro Electoral Office. 39
39
Article IX, Section 7; Article V, Section 2(7); Article XII, Section 2; Article V, Section 2(8); Article VII, Section 9.
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The validity of the provisions on these bodies is being questioned on the main
ground that that their creation and the power vested in them under the BBL are
unconstitutional as they unduly assume and expand the powers vested in the
national constitutional bodies.40
The wording of the BBL is clear. The Bangsamoro special bodies were created
with the goal of supplementing, not supplanting, the work of their national
counterparts. As such, sections which provide for the creation of these
Bangsamoro bodies include the clause, “without prejudice to the powers,
authorities, and duties” of the National Constitutional bodies (for the civil service
and the auditing bodies), and the clause, “shall have a coordinative and
complementary relationship” (for the Human Rights Commission).
The way that the BBL is structured would show that the powers
exercised by the Bangsamoro special bodies are not exclusive powers
but concurrent powers meant to be exercised in a coordinative and
complementary manner with the National Constitutional Bodies, and
without prejudice to the constitutional bodies’ exercise of their
respective mandates and powers under the Constitution.41
The comment of the Commission on Audit (COA) on this issue is enlightening. In
COA’s Position Paper,42 it was recommended that the Bangsamoro Auditing Body
“could only mean or refer to an internal body or office, an internal auditor, in the
nature of and within the functions provided in Republic Act (RA) No. 3456, as
amended by RA No. 4177, otherwise known as the Internal Auditing Act.” This
means that the Bangsamoro Government is not precluded from creating a special
body, like an auditing office, as long as it will be considered as an internal body,
which will not, in any way, prevent or obstruct the functions and powers of the
COA.
The reference to the Human Rights Commission, Auditing Body and Civil Service
Office as “constitutional bodies” is inaccurate and may be misleading. They can
be distinguished from other offices, which the Bangsamoro Government may
later establish, because they have been specifically mentioned in the organic act,
the BBL. They derive their basis of existence not from any ordinary law that
may be promulgated by the Bangsamoro parliament, but from the organic act
itself. This does not mean, however, that they are “constitutional bodies” in the
sense that they can adversely affect the roles, mandates and powers of the
Constitutional bodies – COA, CSC, and CHR.
The Bangsamoro Electoral Office is distinct, for there is a categorical provision
saying that it shall be part of the Commission on Elections (Art. VII, Sec. 9). In
fact, even its budget is part of the appropriations of the National COMELEC.
Thus, the electoral office is not among the concurrent powers (Art. V, Sec. 2), as
40
As gleaned from the Position Papers submitted by the Office of the Ombudsman, Philippine Constitution
Association, Commission on Audit, and the Civil Service Commission.
41
Article V, Section 2(7) and (8)
42
Position Paper submitted by COA to Honorable Rufus B. Rodriguez through a letter dated October 7, 2014,
signed by COA Commissioner-in-Charge Heidi L. Mendoza.
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the evident intent is for the Bangsamoro Government not to have its own
election office, leaving these functions solely with the national government.
Where the last sentence of Article V, Section 2(8) of the BBL reads: “The
Bangsamoro Government shall have primary disciplinary authority over
its own officials and employees”, it is proposed that the phrase “without
prejudice to the powers of the CSC and the Ombudsman” be inserted to
address the Ombudsman’s concern that said section diminishes the
Ombudsman’s mandate over public officials and employees.
F. Plebiscite
For the establishment of the Bangsamoro and the determination of the
Bangsamoro territory to take effect, the BBL requires the ratification of the BBL
itself by majority of the votes cast in a plebiscite in the geographical areas
enumerated therein.43 The plebiscite requirement adheres to the Constitutional
provision on the process for creation of the autonomous region. The
Constitution is categorical in saying that the creation of the autonomous region
shall be effective when approved by majority of the votes cast by the
constituent units in a plebiscite called for the purpose. (Art. X, Sec. 18)
Sec. 3 (e) of BBL’s Art. XV provides for the opt-in of contiguous areas where
there is a resolution of the local government unit or a petition of at least 10% of
the registered voters in the geographical area for their inclusion, and majority of
the registered voters vote for their area’s inclusion in a plebiscite called for that
purpose. This must be distinguished from Sec. 4 of the same article, which was
discussed earlier in the portion on Territory. Sec. 3 (e) refers to the inclusion of
contiguous areas in the plebiscite for the approval of the BBL, while Sec. 4
applies to the addition of contiguous areas after the ratification of the BBL. Sec.
3 can be maintained as it is still consistent with the single plebiscite
process.
43
Article XV, Sec. 1 BBL
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III. Summary of Findings
The Cluster’s analysis of the major contentious issues on the BBL, as discussed
above, leads to the following major findings.
A. The BBL does not vest statehood to the Bangsamoro Government. The
provisions on “people,” “territory,” and “self-determination” are not
vestiges of a separate state, but are consistent with the constitutionally
mandated creation of autonomous regions.
B. The Bangsamoro Government, as constituted in the BBL, is compliant with
the requirements of the Constitution. The government, with an executive
department and legislative assembly, has officers that are elective and
representative of the constituent political units.
C. The inter-governmental relation between the National Government and the
Bangsamoro Government is consistent with the allocation of powers
mandated by the Constitution. The defined relationship between the
National Government and the Bangsamoro Government embodies the
essence of genuine autonomy, based on principles of subsidiarity and
solidarity.
D. The Supreme Court and the Constitutional Bodies continue to maintain the
powers that are given them under the Constitution. There is neither
substitution nor diminution of powers intended or effected by the creation
of the Bangsamoro human rights, auditing, civil service, and electoral
offices.
E. The plebiscite requirement in the BBL adheres to the provision of the
Constitution on the process for creation of the autonomous region.
In sum, the BBL complies with the Constitution’s mandate for the
creation of autonomous regions, “within the framework of (the)
Constitution and the national sovereignty as well as territorial integrity
of the Republic of the Philippines.” While imperfect, it is a significant
document that should serve as catalyst for building national consensus towards
the realization of the long term aspiration, expressed by the country three
decades ago, for justice, solidarity and peace, for Mindanao, and for the entire
Philippines.
Annexes
Summary of Issues and Arguments
List of Resource Materials Reviewed
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Report of Cluster on Economy and Patrimony
Introduction
In conducting its analysis of the BBL, the Economy and Patrimony Cluster of the
Peace Council (“Economy Cluster”) reviewed the relevant articles of the BBL and
related resource materials such as the Bangsamoro Development Plan (BDP),
consulted with BBL experts and stakeholders, and held a detailed discussion of
the BBL with members of the Economy Cluster and resource persons. A
summary of the discussion on the potential economy and patrimony-related
issues relating to the BBL is presented in Section II, and the Economy Cluster’s
key learnings from this exercise are summarized in Section III.
It is important to note that there are numerous resource materials on the
Bangsamoro, the BBL and the BDP available in the public domain. These
materials reflect the considerable work already done by organizations such as the
Bangsamoro Development Agency, the Philippine Center for Islam and
Democracy (PCID) and the Foundation for Economic Freedom (FEF), among
others. In particular, the workshop materials, working papers and presentations
that came out of the November 2013 forum on the Business and Investment
Climate of the Bangsamoro organized by PCID, FEF and Australian Aid provided
significant resource material for the Cluster. A list of these and other selected
resource materials are provided in Section III of this cluster report.
I. Framework
In the plenary discussion, it was pointed out that the bottom line for the private
sector is how the passage of the BBL and the eventual establishment of the
Bangsamoro government will ultimately benefit the investment environment and
the economic growth in the region. The plenary recommended, however, that
the opportunities in the Bangsamoro should be highlighted, not only for the
business sector, but also for the consumers, Muslims, Christians and Lumads
alike. Likewise, there is a need to underscore the positive aspects of having a
Bangsamoro government, such as the attraction of new markets, especially
consumers coming from Arab countries, and increased engagement with Muslim
Southeast Asian countries, such as Indonesia and Malaysia.
Another opportunity that will come in the establishment of the Bangsamoro
government is that it can be a model for the ASEAN on the issue of regional
autonomy among its members, particularly for Thailand and Myanmar, who are
facing similar challenges with their own secessionist movements. The
Bangsamoro can also present an opportunity for friendly competition between
the Bangsamoro economy and that of the Christian majority in the country.
Private sector development comes with sourcing raw materials from natural
resources, hence, together with opportunities, the Bangsamoro region also
creates the possibility of exploitation and unequitable distribution of the benefits
derived from increased economic activities and growth. This concern raises the
question on social justice as a framework of the BBL and its relation to the use of
natural resources in the area, especially the exploitation of areas that are under
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the stewardship of marginalized communities, such as the native indigenous
peoples, and the impact of such activities to the poor.
Although there is a perception that private interests are often opposed to social
justice, there are cases that private interests contribute to its promotion. An
example given in the plenary is the current partnership between the Bangsamoro
Development Agency (BDA) and the private sector in adopting standardization
measures in the production of crops while promoting environmental stewardship.
It is in this context that the provisions stipulated under Article XIII, Section 8 of
the BBL is raised, wherein the protection and conservation of natural resources is
given priority, among others. The plenary also arrived at a conclusion that proper
stewardship of the environment in relation to provisions on social justice is a
question of governance and leadership in the future Bangsamoro government.
The BBL presents an opportunity for the leadership to do it right from the very
beginning. The business sector, as they become part of the community they
enter, can reset its development framework by helping the leadership and locals
do things right from the very start.
The plenary highlighted the importance of “common good,” which is deemed as a
concept that defines the effect of social justice, and upheld its position that the
poor should be the center of human development and social justice in the
Bangsamoro.
To reiterate the importance of promoting the notion of common good in
the Bangsamoro, the plenary suggested the inclusion of the “right to
common good” under the provision on Concurrent Powers (Article V,
Section 2), along with the intergenerational responsibility to care for the
environment.
In conclusion, although the plenary discussion projected a positive note, it should
be noted that the discourse focused on certain provisions of the BBL only and
that resolving the contentious issues concerning said provisions does not mean
that the provisions will not have problems. Local government executives can
derail a business investment, but this is not because of the BBL. Possible
concerns that may arise should not be attributed to the BBL because investment
challenges are not mutually exclusive to the Bangsamoro area but also happen to
the rest of the country as well.
II. Issues on the BBL Requiring Clarification
The discussion below presents the economy and patrimony-related issues
relating to the BBL that can be addressed as a matter of clarification to the
public. For each item, the first section outlines the provision/s in the BBL
relating to the subject title, while the second section expands on the potential
issue(s) that could arise out of that specific provision. After the presentation of
the provision/s and the potential issues, the Cluster’s position is provided.
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A. Natural Resources
Under the BBL, In Bangsamoro Region
The Bangsamoro government shall have exclusive powers on ancestral domain
and natural resources.44 Exploration, development and utilization of fossil fuels
and uranium shall be under the joint authority of the Bangsamoro and Central
Governments.45 On mines and mineral resources, permits and licenses and the
grant of contracts shall be within the powers of the Bangsamoro Government
except for Financial and Technical Assistance Agreements (FTAAs) which require
the approval of the President.46 The Bangsamoro Government shall also regulate
small-scale mining in Bangsamoro.47.
Potential Issue/s
In the case of the fossil fuels and uranium, for other local government units
(LGUs), the LGU is only entitled to an equitable share in the proceeds thereof;
whereas under the BBL the Bangsamoro government will be a joint authority
over related projects. The public might question as to why the Bangsamoro is
afforded this authority.
Overall, there is also uncertainty on how this will affect the private sector’s ability
to invest in natural resource-related sectors, such as mining and others.
Cluster View
This is not an issue, as according to DENR, such authority has already
been afforded to the ARMM government. The latter has already been
issuing its own mining permits.
B. Labor Matters
Under the BBL, In Bangsamoro Region
The Bangsamoro government may organize its own social security and pension
systems48 and enact new laws on labor and employment applicable only in
Bangsamoro.
Potential Issue/s
The social security and pension of employees and laborers in other parts of the
Philippines are governed by existing laws on SSS, Pag-ibig Fund, Philippine
Health Insurance, GSIS. On labor and employment, the governing laws are the
Labor Code of the Philippines for employment in the private sector, and Civil
Service Law for employment in the public sector. The public may question why
the Bangsamoro government is granted this authority to differentiate its labor
laws from the rest of the country.
44
Sec. 3 (29), Art. V, Draft BBL.
Sec. 10, Art. XIII, Draft BBL.
46
Sec. 13, Art. XIII, Draft BBL.
47
Sec. 15, Art. XIII, Draft BBL.
48
Sec. 2 (1), Art. V, Draft BBL.
45
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Cluster View
This is not an issue. Under the present Organic Act governing the ARMM,
the ARMM Department of Labor and Employment (DOLE) already has this
degree of independence.
Employment statistics in the Bangsamoro, both in terms of number of jobs and
wages, have significantly lagged behind the national averages. At present, there
are no labor unions in the region. Any wage disparities between the Bangsamoro
region and the rest of the country will be managed by the former’s local wage
boards that will be coordinating with the relevant national agencies.
However, there needs to be clearer indication on the Bangsamoro
legislature’s authority to legislate deviations from provisions of the
national Labor Code, including on items of strong concern to the private
sector such as rules on full time/part time work. For example, there
could be a provision that deals with the common practice of “lending”
one’s job to another family member by having him/her substitute
occasionally for the job holder (a practice known in some parts as
sumpat). Provisions on contractual jobs can also be established.
C. Land Registration, Management, Distribution and Classification
Under the BBL, In Bangsamoro Region
Under the BBL, the land registration system to be followed is that of the Central
Government. But pertinent laws pertaining to land acquisitions and transfers
shall be enforced, implemented and administered in Bangsamoro by a new office
to be created by the Bangsamoro Government.49
Potential Issue/s
For the rest of the country, the Land Registration Authority, together with the
various Registers of Deeds in the different localities and jurisdictions, administers
the land registration system.
The Bangsamoro government expects to have one central agency for land
ownership and titling, which could be an even more efficient mechanism relative
to that of the national government where there are many agencies with
overlapping mandates regarding land administration and management.
Cluster View
This is not an issue. Land titles that are already registered in the
national land registration system will be honored by both the
Bangsamoro and national governments. It can actually be an
opportunity to streamline the land management and administration in
the area, which could possibly be replicated in other areas.
49
Sec. 2(3), Art. V, Draft BBL.
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D. Customs and Tariff
Under the BBL, In Bangsamoro Region
The enforcement of customs and tariff laws shall be through the
intergovernmental relations mechanism adopted by the Bangsamoro and Central
Government.50
Potential Issue/s
For the other LGUs, the Bureau of Customs is the agency of the Central
Government that is in charge of enforcing customs and tariff laws. The public
may question why the Bangsamoro are being afforded this privilege of enforcing
their own customs and tariff laws, even if in coordination with the Central
Government. This may further facilitate the smuggling that is occurring in the
region.
Cluster View
Further clarification can be provided on this issue. The Bangsamoro
government can disclose if it will be following the national customs and
tariff laws, or will be adopting a different set of rules. If it is the latter,
then it must provide the rationale for it.
From an ASEAN perspective, tariffs are already nonexistent or close to zero
except for a few sectors such as rice and sugar. Therefore smuggling should not
be an issue, although smugglers may continue plying their trade to avoid VAT
payments. It should be noted however that the consequences of smuggling are
not so significant for imports meant for (commercial) resale, as VAT is supposed
to be paid at the point of final sale, which conceptually should capture even
goods smuggled in. It is the BIR’s purview to effectively enforce the required
VAT.
Lastly, smuggling to avoid VAT is not unique to the Bangsamoro Region, it is an
issue that the rest of the country has to deal with.
E. Infrastructure
Under the BBL, In Bangsamoro Region
In Bangsamoro, the Central Government shall provide for the funding,
construction and maintenance of national roads, bridges and even irrigation
systems. As to applicable law, it is not clear in the draft BBL whether the general
laws and programs of the Central Government relating to infrastructure
development such as Public-Private Projects Program would be applicable in
Bangsamoro.
50
Sec. 2 (10), Art. V, Draft BBL.
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Potential Issue/s
Infrastructure investors and operators do not have an understanding of
opportunities available to them for infrastructure projects in the Bangsamoro.
Cluster View
This may require further clarification.
The Bangsamoro Development
Agency is close to finalizing the Bangsamoro Development Plan (BDP) which,
among other things, outlines the infrastructure requirements for the region. The
BDP also presents a detailed budget that can already be submitted for funding
either via the PPP modality or from donor organizations.
F. Power Sector
Under the BBL, In Bangsamoro Region
The Bangsamoro Government shall have the exclusive power to regulate power
generation, transmission and distribution operating exclusively in Bangsamoro
and not connected to the national grid. For those that are connected to the
national transmission grid, the Central and Bangsamoro Governments shall
cooperate and coordinate through intergovernmental mechanism.51
Potential Issue/s
There is uncertainty on how Bangsamoro power projects that connect to the
national grid will be handled. The BBL provides that such projects shall be
coordinated by the Bangsamoro government with the intergovernmental
mechanism, but the specifics of such mechanism are unclear.
Power generation is a highly technical function and is very crucial for business in
Mindanao. As such, when crisis situations arise, the power operator will need to
respond quickly. The Bangsamoro government in coordination with the national
government will need to set up the proper intergovernmental mechanism and
process to be able to respond quickly in times of crisis in the power sector. This
exercise should be done in coordination with the Mindanao private sector as well.
Cluster View
This issue needs to be clarified. There will be a need to develop and
disclose the parameters for which the Bangsamoro government will
manage power projects that are connected to the national grid, in
coordination with the Central Government.
G. Transportation and Communication
Under the BBL, In Bangsamoro Region
The Bangsamoro Government, working with DOTC, CIA, CAB, MIA, PPA, LTFRB,
LTO and NTC, shall determine the exercise of ADDITIONAL POWERS by the
51
Sec. 3 (15), Art. V, Draft BBL.
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Bangsamoro Government in the areas of transportation and communication, and
the issuance of rules and regulations to implement such additional powers.52
Potential Issue/s
For the rest of the country, no additional specific powers are given to other local
government units in the areas of transportation and communication. 53 The public
may question as to why the Bangsamoro are being afforded this privilege.
Cluster View
This needs more clarification. The Bangsamoro government will need to
work closely with the above agencies to determine any additional
powers, and the extent of check and balance mechanisms.
H. Power to take Over or Direct Operation of Business
Under the BBL, In Bangsamoro Region
Under the BBL, the Chief Minister of the Bangsamoro Government may order the
temporary take over or direct operation of any privately-owned public utility or
business affected with public interest in times of state of calamity.54
Potential Issue/s
For the rest of the country, it is only the President who can order the temporary
take-over or direct operations of public utilities and other businesses imbued with
public interest and only in cases of national emergency, when public interest so
requires.55 This provision under the BBL creates some uncertainty for businesses
as there is a risk they might get taken over by the Chief Minister.
Cluster View
This is an issue that should be clarified to provide the specific set of
instances where a business can be taken over by the Chief Minister.
I. Taxes
Under the BBL, In Bangsamoro Region
The Bangsamoro government, through the Bangsamoro Tax Office shall have the
power to enact its own Tax Code, which could be different from the rest of the
country.
52
Sec. 31, Art. XIII, Draft BBL.
Local Government Code of 1991.
54
Sec.4(c), Art. V, Draft BBL.
55
Sec.17, Art. XII, 1987 Philippine Constitution.
53
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Potential Issue/s
There is uncertainty from the business community on how their businesses will
be taxed under this new tax regime.
Cluster View
This should not be a major issue. The major taxes in the Bangsamoro are
the same as those of the national government (income tax, VAT, and excise
taxes). The taxes that have been devolved to the authority of the Bangsamoro
are minor in nature and will still require coordination with the Central
Government. Moreover, there is a possibility that the Bangsamoro may
even consider lowering certain of their taxes relative to the rest of the
country to promote and incentivize business and investment.
J. Inland Waters
Under the BBL, In Bangsamoro Region
The Bangsamoro government shall have exclusive powers over inland waters and
may enact laws on the regulation, management and protection of the resources
found therein.
Potential Issue/s
There is uncertainty as to how this will affect the power of the central
government.
Cluster View
This requires further clarification to ensure that access to such water
remains equitable.
K. Block Grant
Under the BBL, In Bangsamoro Region
To ensure that the Bangsamoro Government shall be able to discharge its
functions and provide adequate services to its constituents, the Central
Government shall have the obligation to provide an annual block grant to the
Bangsamoro. This represents its share in the national internal revenue of the
Philippine Government, which shall “in no case be less than the last budget
received by ARMM immediately before the establishment of the Bangsamoro
Transition Authority.”56 The formula of the Block Grant is “four per cent (4%) of
the net national internal revenue collection of the Bureau of Internal Revenue
less the internal revenue allotment of local government units.”57
56
57
Sec. 15, Art. XII, Draft BBL.
Sec. 16, Art. XII, Draft BBL.
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Potential Issue/s
The public could potentially interpret this as the Bangsamoro government
receiving more than its fair share of the national internal revenue. Why is it
being afforded to the Bangsamoro? And are these funds simply pork barrel
funds?
Cluster View
This needs to be explained further. The amounts that the Bangsamoro
government would be receiving and the formula used to arrive at that amount
clearly show that there has been a lot of misinformation in the media and the
congressional hearings. A closer examination of the figures show that the
additional cost to the national government only amounts to about P10.5 billion as
the rest of the block grant is already part of the existing annual appropriations to
the ARMM.
Moreover, there is a huge funding gap in terms of financing as identified in the
Bangsamoro Development Plan (BDP), which was developed by the Bangsamoro
Development Agency (BDA) with the assistance of JICA and World Bank
consultants. This Plan has a detailed breakdown of the Bangsamoro funding
needs. Muslim Mindanao has been lagging behind in most, if not all, of the
socioeconomic and development indicators (PHDR), and it needs to catch up with
the rest of the country.
In terms of the disbursement of the block grant, the Bangsamoro government
will comply with all the safeguards established by the Department of Budget and
Management (DBM).
L. Auditing
Under the BBL, In Bangsamoro Region
The Bangsamoro auditing body shall have auditing responsibility over public
funds utilized by the Bangsamoro, without prejudice to the power, authority and
duty of the national Commission on Audit (COA). The Bangsamoro Government
shall ensure transparency mechanisms consistent with open government
practices.
Potential Issue/s
Public perception is that the Bangsamoro will have its own audit commission
independent of the COA. In reality, the Bangsamoro can and will be audited by
the COA.
Cluster View
This is not a contentious issue, it is more a misinterpretation of the law.
If any rewording is necessary to avoid any misinterpretation, the
provision in the Comprehensive Agreement on the Bangsamoro may be
considered. The Bangsamoro audit body will be subject to governance
by the COA.
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M. Peace and Order, Security
Under the BBL, In Bangsamoro Region
The peace and order situation in a given territory also affects the growth of
businesses in said area. In the case of Bangsamoro, the security and
maintenance of peace and order shall be the responsibility of the Bangsamoro
Police which shall be part of the PNP but governed by a different law, to be
enacted by the Bangsamoro Parliament.
Potential Issue/s
There is some uncertainty as to how the Bangsamoro Police will operate as part
of the PNP but is subject to a different law from the rest of the country. Will this
be a constraint on the Bangsamoro Police’s effectiveness?
Will the members of the Bangsamoro Islamic Armed Force (BIAF) be
automatically integrated into the police force for the Bangsamoro?
What is the arrangement in terms of control and supervision of the Bangsamoro
police force?
Cluster View
This is an important economic issue because the level of business activity in the
Bangsamoro is linked to the security in the area. The bulk of the police force in
the Bangsamoro will come from the existing body. The Bangsamoro Police Board
will still be under the NAPOLCOM.
Certain LGUs may oppose the provision that the Chief Minister will be the head of
the Police Board. However, the Cluster feels that it makes sense to put the
position under the Chief Minister so as to provide the latter power over security
and to curtail abuses of LGUs using the police.
It is clear that if there is a conflict in the decision between National PNP Chief and
the Chief Minister, the decision of the PNP Chief will prevail.
From the private sector viewpoint, investment insurance schemes, such as those
offered by the Multilateral Investment Guarantee Agency (MIGA) of the World
Bank Group and ADB, can help address some of the security concerns of private
investors. MIGA in particular is offering attractive schemes specifically for
projects in the Bangsamoro, such as political risk insurance coverage at
approximately 0.85% per annum of insured amount, covering 90% of the equity
investment for certain projects. When this political risk guarantee is combined
with the Bangsamoro Fund Facility (BFF) of the World Bank and JICA that offers
80% project financing, investors in Bangsamoro can effectively manage the
security risks of projects at relatively low costs.
Further recommendations on this issue will be provided by the Human Security
Cluster of the Peace Council.
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III. Key Learnings
There are a number of key learnings important to the business sector that the
Economy Cluster arrived at from its review of the BBL and related resource
materials, and from in-depth discussions within the group conveners and its
resource persons. First and foremost, the Economy Cluster concluded that
there are no major or contentious issues relating to Article XIII of the
BBL – Economy and Patrimony. Most of the potential issues the group
identified are only clarificatory in nature and can be addressed by providing more
detailed information on the matter. The only contentious issue the group
identified dealt primarily with peace and order / security in the Bangsamoro
region, which is discussed further below, alongside the other key learnings.

Devolution is already happening. A review of the draft of the BBL
needs to include a review of existing national laws and government
policies, for one to understand the level of devolution of national laws,
particularly decision-making and implementation authorities, to the local
government level that is already occurring. One example is that
departments such as the Department of the Environment and Natural
Resources (DENR) have had certain authorities devolved to local
governments, including the Autonomous Region for Muslim Mindanao
(ARMM).

BBL provides an opportunity, not a problem. The Peace dividend that
the BBL offers can open up tremendous opportunities for investment in
Mindanao in a whole range of sectors, which will in turn generate much
needed jobs. With jobs, the youth will be less vulnerable to the siren call
of violence and extremism. Moreover, the BBL can actually provide an
opportunity to explore flexibilities allowed by the constitution and national
laws in a smaller area of coverage that can then be replicated elsewhere if
found to be successful.

Political autonomy cannot be achieved without fiscal autonomy. In
this respect, a robust private sector is seen as critical, particularly as the
tax base within the Bangsamoro areas has been extremely narrow.

BDP is a critical step in strengthening the economy. It is
encouraging to note that the Bangsamoro Development Plan (BDP) is the
product of 2 years of consultations and has been supported by
government, development partners and stakeholders. The BDP focuses on
ensuring that the dividends of peace will reach the communities as well as
establish the foundation for business and investment and revenue
generation.

Jobs are key. Equally important is the need to ensure employment
creation and income generating opportunities for the millions of poor in
the Bangsamoro who long for a decent livelihood and a peaceful existence.
The success of the transition to an autonomous Bangsamoro will depend to
a considerable extent on the ability of the authorities to attract private
sector investment in new or expanded enterprises necessary to absorb the
bulk of workers, and thus help lift families out of extreme poverty. To
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address the “chicken and egg” issue of Peace and Development and
accelerate the pace of development, it was suggested that PEZA-like zones
where progressive leadership exists and the requisite resources are made
available to enhance the possibilities of success, can be considered.

Peace and order is the critical challenge. The restoration of peace,
law and order will facilitate private investment in business activities on the
scale needed to ensure robust and sustainable growth in the Bangsamoro
region. The security of personnel and assets will need to be assured.

Physical infrastructure bottlenecks will be high on the
development agenda. Water, land, and air transport facilities in the
Bangsamoro region need substantial improvement, with a more conscious
effort to integrate them into a more seamless logistical network linking
production to supplies and markets. This requires a multi-modal approach
to transport systems. Power, telecommunications, and water supply are
also inadequate, but whose provisions extend beyond geography.

Capacity building for the Bangsamoro is an urgent and immediate
requirement. Proper training is required for Bangsamoro leaders who
will govern, Bangsamoro professionals who will run the civil service, and
for the citizens of the region. It is estimated that over 600,000 adults in
the Bangsamoro are illiterate and cannot be part of inclusive growth if
they remain unemployable or unable to avail of productivity improvement
programs due to lack of comprehension. Capacity building is part of the
BDP. This lays the foundation for initiatives that the private sector can
immediately offer - functional literacy, internships, and skills development
among others.

We need more engagement between the Bangsamoro and the
Philippine Business Community. In terms of bringing more investment
to Mindanao, the business community in Manila has to engage more with
Bangsamoro leadership in the Bangsamoro as part of confidence-building.
IV. Recommended Reference Materials
The following documents are recommended by the Cluster to further clarify
various aspects of the BBL:
A.
Presentation Files
1.
Presentation on the Bangsamoro Development Plan by the Chairman of
the Bangsamoro Development Agency
2.
Several presentations from the Philippine Center for Islam and
Democracy (PCID) - Freedom for Economic Freedom (FEF) Bangsamoro
Forum in November 2013, covering a variety of topics, including the
informal/shadow economy of Bangsamoro, the business and investment
climate, Land Bank projects in the region, and the ARMM Business
Council.
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B. Frequently Asked Questions document on the Bangsamoro Development
Plan, as provided at the Philippine Development Forum in Davao in
October 2014, where the BDP was showcased.
C. Baseline Study files from the PCID-FEF Bangsamoro Forum which are
working papers covering a diverse set of topics: ARMM socioeconomic
situation, business environment and regulations, land and property rights,
banking and finance sector, investment climate, and natural resources.
D. Summary document which summarizes the outcomes of the individual
workshops of the PCID-FEF Bangsamoro Forum.
E. Salient points of the Bangsamoro Basic Law
F. Executive Summary of the Draft Bangsamoro Development Plan
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Report of Cluster on Social Justice
and Human Development
Introduction
The Cluster started its analysis of the BBL by identifying the specific provisions of
the BBL that are related to Social Justice and Human Development. This initial
task proved daunting as the provisions were not contained in a single article in
the proposed law but were scattered all over it. Rightly so, since the heart of the
proposed bill is social justice.
After the provisions were laid out in a matrix, the Cluster then decided to divide
the members into three major sub-clusters: Social Justice, Human Development,
and Indigenous Peoples. It was pointed out, however, that the grouping is
neither exclusive nor fixed as the concepts cut across each categorization and
even beyond the scope of the Cluster’s assigned task. Eventually, only two
groups remained, since the Social Justice sub-cluster was later merged with the
Human Development sub-cluster, as they are so closely intertwined, while the
sub-cluster on Indigenous Peoples remained.
The matrix of Social Justice and Human Development provisions was used by the
sub-clusters to discuss which provisions are deemed “problematic” based on prior
consultations, frequently asked questions in the field, and discussions within the
ranks of the participants.
I. Framework
The Cluster on Social Justice and Human Development’s mandate is to ensure
that these two imperatives to attaining peace, social justice and human
development, are given their proper due in the Bangsamoro Basic Law to correct
the injustices of the past which formed the root cause of the armed rebellion.
After a careful study of the BBL Provisions in its totality, the Cluster
concludes that the Draft BBL does fulfill this mandate of Social Justice
and Human Development. The Cluster notes that the BBL is replete with
provisions that lead to the conclusion that Social Justice is the framework of the
BBL. For example, Article XIII on Economy and Patrimony begins with Section 1
entitled Bangsamoro Economy and Social Justice: “The Bangsamoro
Government's economic policies and programs shall be based on the principle of
social justice.” In Article IV covering General Principles and Policies, it is
asserted that Social Justice shall be promoted in all phases of development and
facets of life within the Bangsamoro. Likewise, the concepts of Human Security
and Human Development encompassing human rights and freedoms are well
covered by the BBL. The Cluster, therefore, sees only the need for some
refinement and fine-tuning of certain provisions which are enumerated in this
Cluster Report.
There are special concerns raised with regard to the Indigenous Peoples, the
Katutubo of Muslim Mindanao. The Cluster invited tribal leaders representing
Non-Moro Indigenous Peoples' communities in Muslim Mindanao affected by the
BBL to join the Cluster deliberations on Indigenous Peoples rights and they are of
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one voice in wanting to ascertain that their rights under the Indigenous Peoples
Rights Act (RA 8371) and other laws are reasserted, recognized, and protected
under the BBL. The Cluster would like to support them in this regard. The
Cluster, therefore, proposes a number of amendments to provisions in the BBL
pertaining to Indigenous Peoples.
With the above premise, the Cluster on Social Justice and Human
Development wholeheartedly endorse the BBL and recommend its
passage, as an act of Social Justice and Reparation to the Bangsamoro
peoples of Muslim Mindanao to rectify all the injustices inflicted upon
them in the past. It is the Cluster’s hope that the Bangsamoro will serve
as a model for the rest of the country in fulfilling the 1987 Philippine
Constitution's mandate to secure Social Justice to the Filipino people.
III. Recommendations
The Cluster presents the following recommended refinements of the BBL:
A. Definition of terms
The framers of the BBL were successful in crafting an instrument that is
encompassing, forward looking, and flexible. The readability of the law
will be greatly improved however, if some terms, such as “NonMoro Indigenous Peoples,” “Fusaka Inged,” among others, are
defined.
B. Focus on Social Justice
Indeed, the BBL is an instrument of Social Justice. This is manifested by
the prevalence of Social Justice provisions in the entire proposed law.
Realizing that Social Justice is a broad concept, a flagship statement
similar to Section 1, Article XIII58 of the Philippine Constitution may be
incorporated to bring together the many provisions on Social Justice that
could serve as guidepost in the interpretation of the law and future
legislation of the Bangsamoro Parliament.
During the April 18 plenary discussion, it was further clarified that,
although the group recognized the presence of an array of provisions on
social justice in Article IX of the Bangsamoro Basic Law, they deemed it
wanting in two aspects: (1) an articulated definition of social justice; and
(2) a more comprehensive identification of sectors that deserve special
attention. The group, hence, recommended for (1) an additional
article defining social justice, in accordance with the Philippine
Constitution; and (2) an additional section dedicated to the
poorest of the poor with regards to attaining social justice.
58
The Congress shall give highest priority to the enactment of measures that protect and enhance the right of
all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural
inequities by equitably diffusing wealth and political power for the common good.
To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its
increments.
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C. Reserved seats
The BBL in Section 5(3) of Article VII59 has provided a venue for genuine
representation in the Bangsamoro Parliament by reserving seats for
sectors on the margins that would otherwise not have the opportunity to
be heard. While the Cluster sees this provision as a positive component of
the BBL, expanding the number of reserved seats is recommended.
There is a clamor from the youth that they be specified as a sector with a
reserved seat to participate in the decision-making process as it has been
of great concern that they have been potential recruits for violent
extremism. This cluster supports this request.
For the women’s sector, it was pointed out that one reserved seat may not
be sufficient to represent the multifarious concerns pertaining to women
and so there is a recommendation to increase the number of seats.
The representation of Indigenous Peoples in the parliament must also be
increased considering that there are several major Non-Moro IP
communities in the proposed Bangsamoro territories.
The manner of providing reserved seats would be understood as generally
subject to the constitutional mandate that the members of the legislative
assembly are elective (without necessarily requiring “direct” elections) and
representative of constituent political units.
D. On Education
It is often said that history is a guide to the future. The so-called “Moro
Problem” or the “Bangsamoro Question” is a product of their painful and
unfortunate colonial past. As the Filipino nation moves forward healing the
past and building the future, there is a need to educate ourselves, our
communities and one another that we are all victims of historical
injustices. Understanding the History, Culture and Identity of the
Bangsamoro People will bring Filipinos closer to common goals of a
peaceful and progressive society as a nation. After all, Philippine society is
a multi-cultural society, and education plays a significant role in the
transitional justice program of the peace-building process.
Section 13 of Article IX60 provides a very beautiful idea of what type of
education must be adopted in the Bangsamoro. It was pointed out
however, that the level of education in the region has been sub-par
compared to the rest of the country. It was also pointed out that the
prejudice and marginalization of the Bangsamoro people is perpetuated by
59
Sectoral representatives, consisting of ten percent (10%) of the Members of Parliament including two
(2) reserved seats each for non-Moro Indigenous Communities and settler communities, Women shall also
have reserved seats.
60
The Bangsamoro Government shall establish, maintain, and support, as a top priority, a complete and
integrated system of quality education and adopt an education framework that is relevant, and responsive to
the needs, ideals, and aspirations of the Bangsamoro.
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the lack of proper education that showcases their distinct culture and
identity.
Peace Education was also recommended to be an integral part of the
provision for the purpose of promoting a Culture of Peace and Diversity in
the Bangsamoro territories among all peoples in the region. The Cluster
also feels that Bangsamoro history, culture, and identity should be
included in the curricula of educational institutions in the Bangsamoro and
throughout the country in order to eliminate any prejudice towards the
Bangsamoro people.
E. Rehabilitation
Article XIV of the BBL is a chapter entitled Rehabilitation and
Development, this is a vital element towards the realization of human
development.
To avoid the misconception that rehabilitation in the BBL is only for the
MILF, the rehabilitation provisions should be viewed holistically as the
victims of conflict in Mindanao also include other combatants and their
families as well many others, particularly the poor. Rehabilitation should
also be viewed not only in terms of compensation but as a means to heal
the wounds of conflict inflicted on all aspects of the human dignity of those
affected.
F. On Non-Moro Indigenous Peoples:
This cluster would be remiss in its mandate to look into issues of social
justice if it did not take special consideration of Non-Moro Indigenous
Peoples in the proposed Bangsamoro territory. Non-Moro IPs have
ancestral domain claims with an area of at least 309,720 hectares
encompassing 84 barangays in 8 municipalities in Maguindanao.
Having reviewed its consultations, position papers, and focused group
discussions with IP communities, the Cluster suggests that a separate
article be devoted to the recognition, protection, and promotion of NonMoro Indigenous Peoples' rights such as are laid out in RA 8371 or the
Indigenous People’s Rights Act (IPRA), or other mechanisms that will
perform these functions until more appropriate solutions can be created by
the Bangsamoro Parliament.
The Cluster also recommends that a more comprehensive enumeration of
Non-Moro Indigenous Peoples Rights be included in the BBL. Specifically,
these include but are not limited to:



Fundamental Human Rights and Development
Identity and Self-Ascription
Ancestral Domains and Lands61
61
Ownership and control over the use of resources; Equitable shares in revenues from use as determined by
the affected Non-Moro Indigenous Peoples; Self-Delineation and recognition through Certificate of Ancestral
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

Self-Determination and Self-Governance62
Cultural Integrity63
While the specifics on how the rights of Non-Moro Indigenous Peoples shall be
protected in the Bangsamoro may be beyond this Council’s ability to resolve, the
Cluster is united in affirming that the voices of Non-Moro Indigenous Peoples who
may be affected by the BBL must be heard in the policy-making process.
IV. Conclusion
Upon various consultations and discussions, the Cluster on Social Justice and
Human Development would like to emphasize and conclude that these provisions
be given proper due with a context on the historical injustices committed to both
the Bangsamoro and Non-Moro Indigenous Peoples. Ensuring the improvement
of the Bangsamoro and Non-Moro Indigenous Peoples’ socio-economic conditions
will result to giving more hope that people in the communities can focus on ways
to develop their socio-economic means through non-violent resolutions. This is
necessary to provide a social order to respond to the injustices of the past that
created the root cause of the armed rebellion.
Domain Titles and Certificate of Ancestral Land Titles.
62
Freedom of Choice; Free, Prior, Informed Consent; Right to Participate in the Bangsamoro Government;
Reserved Seats
63
Indigenous Customs and Traditions; Indigenous Justice Systems and Political Structures; Indigenous
Education; Basic Services.
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Report of Cluster on Human Security
Introduction
The Cluster was formed to focus primarily on security issues in the BBL. The first
meeting of the cluster was held on 13 April 2011 with 20 leaders from Manila and
Mindanao-based NGOs, the academe, retired AFP and PNP officials, Constitution
framers and former government officials. A second meeting was held on 15 April
and focused on aspects of the BBL pertaining to the police, the AFP and the
normalization process. The Cluster did not limit itself strictly to Article XI of the
Bangsamoro Basic Law (BBL), which dealt primarily with Public Order and Safety.
They also tackled issues with relevance to the overall peace process including
current Congressional deliberations, plebiscite, and post-conflict proceedings.
The report that follows details the significant issues raised and the explanations
or suggestions offered by the cluster members, who were all in agreement that it
was important to strengthen the BBL so that Congress passes it and thus move
the peace process forward.
I. Framework: The Security Situation in Mindanao
The Cluster invited Francisco Lara of International Alert UK Philippines to present
some of the findings based on data from their Bangsamoro Conflict Monitoring
System (BCMS), which is funded by the World Bank. It can be recalled that a
report International Alert released in August 2014 entitled “Rebellion, Political
Violence and Shadow Crimes in the Bangsamoro”64, which contained some of
these findings, was used by Senator Chiz Escudero as basis for his statement
that the passage of the Bangsamoro Basic Law (BBL) could not ensure peace in
Mindanao65. Unfortunately, the report as presented to the public was taken out
of context. After all, the BBL is not the only issue of peace in Mindanao. It is,
however, an important one. Therefore while it is accurate to say that the BBL on
its own does not a guarantee or provide the “magic bullet” of peace, it is a
disservice to the entire peace process not to acknowledge it as one of the most
important foundations for achieving peace.
Lara acknowledged that, as in all conflict areas in transition after a peace
agreement is signed, things are more likely to get worse before they get better.
He presented data showing the steady rise of violent incidents since 2011
involving those known as “peace spoilers”, particularly the Bangsamoro Islamic
Freedom Fighters (BIFF). Lara also presented data that showed that, while
incidents involving the Moro Islamic Liberation Front (MILF) and the Philippine
Armed Forces were decreasing, fighting between the MILF and the BIFF
increased in areas surrounding Mamasapano, disproving claims that the MILF has
been providing safe haven to the BIFF. Lara’s presentation brings home this
significant point: that the decommissioning of the MILF’s Bangsamoro Islamic
64
URL: http://www.international-alert.org/resources/publications/rebellion-political-violence-and-shadowcrimes-bangsamoro (accessed on 17 April 2015)
65
Avendaño, C.O. (2015, April 11). World Bank: BBL can’t ensure peace, new threat groups emerging. The
Philippine Daily Inquirer. Retrieved from http://newsinfo.inquirer.net/684764/world-bank-bbl-cant-ensurepeace-new-threat-groups-emerging (accessed on 17 April 2015).
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Armed Forces (BIAF) would improve peace and security in Mindanao as this
would have a “knock-on” effect on other armed groups. As far as the GPH-MILF
phasing for the decommissioning of MILF forces is concerned, passing the BBL is
key to jumpstarting the process of normalization.
II. Issues Discussed
The issues discussed by the Cluster can be grouped into three (3) categories –
(a) Trust as a main concern of the peace process, (b) issues with direct
relevance to BBL provisions pertaining to Public Order and Safety (Article XI) as
well as to the Normalization process, and (c) addressing the broader issues of
peace. The following briefly outlines the issues and the cluster’s views on how
these can be addressed.
A. The General Framework: An Issue of Trust
The Mamasapano incident of 25 January 2015 halted congressional deliberation
on the BBL’s substantive issues. The general perception of the MILF’s culpability
created a lack of trust against the MILF in particular, and autonomy in general.
This lack of trust could not be assuaged by facts that later emerged that put in
question the initial assumptions about what occurred and who was to blame.
The grief the incident produced and the outcry against Mamasapano was thought
to be satisfied by prosecution and surrender of alleged guilty parties before
continuing deliberations on the BBL. In short, resolving Mamasapano became a
condition of peace.
Unfortunately, regaining trust in the peace process – and this is applicable to
both sides of the table – cannot be fully accomplished by the quick resolution of
one incident, or at least any time while the peace agreement remains viable. By
its nature, parties to a conflict come from a place of mistrust, but any conflict
resolution comes from a place of hope. To conclude a peace agreement requires
a suspension of this mistrust long enough to give both sides a chance to make
peace work. The real work of peace comes after the agreement, not before.
Concluding peace agreements does not conclude the peace; peace agreements
mark the beginning of peace.
Therefore, the best way to re-establish trust is to pursue the peace
process and the BBL.
Proceeding with the BBL does not have to mean that Mamasapano should be
forgotten or set aside. After all, Mamasapano revealed fundamental gaps and
raised important questions about how peace and security are managed by
government, including the coordination of the AFP and PNP, which must be
addressed.
But peace and justice need not be exclusive. Questions about Mamasapano, and
indeed all the atrocities and injustices that occurred during this decades-long
conflict – from all sides - must be answered, but not by ordinary penal laws of
peacetime. A criminal code is not made to withstand the complex questions that
arise from the extraordinary circumstance of armed conflict, much less an
extended one that brings about long-standing grievances and inter-generational
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prejudice. A peace agreement must first be established so that the parties can
be brought into a common legal regime that can sufficiently address the needs of
justice. Once the BBL is passed, these important questions can be brought
under a civic or even legal regime established within the BBL, or outside of it
through other related institutions or recommendations that support it.
The framework of this Cluster on Peace and Human Security was therefore to
address the broad issue of a deeper and continuing trust built on the foundation
of the BBL and other peace agreements.
1. The fear of secession:
Some sectors have raised the fear that the BBL contains no commitment or
assurance that the MILF or the Bangsamoro government will not secede from the
republic in the future.
On the contrary, by engaging in a peace process, it will become difficult for the
MILF to gain international recognition, a necessary requirement to gain full
sovereignty, if they attempt to secede. Rather than facilitating secession, the
participation of nation-states and other international actors and entities in the
peace process make them witness to the fact that secession is outside the intent
or scope of the BBL, and that the Constitution prevails in all matters. Moreover,
by signing agreements with the government, the MILF has bound itself to the
process. The reason the peace process could proceed in the first place is
because the MILF had already given up their claim for secession. From its
original call for an independent Islamic state, the MILF has indeed made a lot of
compromises in negotiating for greater autonomy instead.
As for expressly providing against secessionism, this is not something that would
be legally binding or effective. After all, those who would claim secession are
those who inherently refuse to recognize the power of government over them
and therefore outside of the reach of the BBL. Any illegal acts that may stem
from the demand to secede can be dealt with by the Constitution, i.e., where
state creation is prohibited. The best protection against secessionism is the
passage of the BBL and its effective implementation to provide a
national environment that allows Muslim Mindanao to develop as part of
a diverse Philippines. There would be no reason to secede.
2. Protection against radicalism
The ISIL/ISIS phenomenon and their ability to effectively package and
communicate their brand of jihad have attracted the interest of many young
Muslims even in the Philippines. Failure in the GPH-MILF peace process will cast
a cloud of hopelessness and frustration on the fate of Muslim Mindanao, which,
particularly when accompanied with poverty and marginalization, are the
catalysts of radicalism. Even within the ranks of the MILF there exists a struggle
between the moderates and the radicals. The current leadership negotiating with
the Philippine Government are the moderates. If their negotiations fail, it
provides proof that the moderates and those that choose diplomacy are
powerless and ineffective and may ultimately be sidelined in favor of the radicals.
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The other potential problem is the magnet that Muslim insurgency will provide
for jihadists abroad. The Philippines is the only hotspot of unrest left in the
region. Allowing this unrest and insecurity to continue would make the region a
natural destination for radicals. In fact, not potential, but already an actual
problem: Marwan was Malaysian. How difficult would it be for jihadists to join
and merge with Muslim students in the Philippines from South Asia, the Middle
East, and Africa?
The threat of war does not mean that the Philippine government is negotiating
from a position of weakness. If anything it is both parties that negotiate against
the threat of further violence, poverty and unrest. It bears repeating that the
issue of peace is also social justice issue to provide security and to best equalize
the opportunities of our poorest citizens. In the area of peace and armed
conflict, the primary consideration of any government use of force is always the
protection of civilians. The burden of proof when there are ANY civilian
casualties is on the government. The hundreds of thousands of citizens killed and
displaced in Mindanao over the years is our country’s tragic failure in this regard.
As far what has been sacrificed as a price of peace, the Government does not
give up anything and grants that which has already been promised.
As regards inserting specific provisions against extremism and radicalism, this is
an area that falls too closely against the basic rights of freedom and speech and
religion that may run afoul of the Constitution. In ordinary terms, the word
“extremism” means holding extreme political views, an “extremist” is one who
resorts to or advocates extreme action, while “radicalism” similarly means the
advocacy of thorough or complete social reform. On their own they fall within
protected speech. What is extreme or radical changes with time, and how they
are defined is politically and religiously charged. Creating peace and human
development in the Bangsamoro, along with the Constitutional provisions
mandating a separation of church and state and the equal protection of laws and
other bills of rights are the best protection against the allure and establishment
of an ISIL/ISIS.
3. On the relationship between the MILF and the MNLF:
It was pointed out that the Mindanao peace process did not start and end with
the MILF and that it was important to acknowledge the efforts of the MNLF and
their agreements. For purposes of more inclusive peace, it seemed important to
communicate the continuity between the two peace processes, exhibited by the
fact that some provisions in the BBL were lifted from the existing Organic Act of
the ARMM, which in turn was a product of the GPH-MNLF peace process.
It may be recalled that MILF Peace Panel Chairman Iqbal himself acknowledged
during the talks in Kuala Lumpur that their negotiations were built on the gains
of their MNLF brothers. Acknowledging this might serve to appease some
elements and leaders of the MNLF who feel that their own 1996 Peace Agreement
has been cast aside in favor of the 2014 Comprehensive Agreement on the
Bangsamoro (CAB).
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BBL Provisions on Public Order and Safety, and Normalization
1. The Relationship Between the AFP and the Bangsamoro
Article XI, Section 17. Coordination: A concern was raised that this entire
section limits the ability of the AFP to respond and provide defense and security
in the Bangsamoro if and when needed.
The idea behind Section 17 is, however, enshrined in a principle the GPH and the
MILF agreed to in the Framework Agreement on the Bangsamoro (FAB), which
states that the internal peace and security within the Bangsamoro would
primarily be the responsibility of the Bangsamoro police. This is actually in line
with the thrust of the existing Internal Peace and Security Plan (IPSP), which
seeks to transfer internal security to the Police. Moreover, if the normalization
goes well, the MILF would have ceased to become a threat.
Since the Bangsamoro Police is under the PNP, this provision should not be read
as creating a relationship between the Bangsamoro Police and the AFP that is
different from the relationship between the PNP and AFP, or that is very much
different from peace and security coordination protocols currently in place.
The cluster went further to suggest that the phrase underlined below may be
added to the existing provision in Section 17: “…shall govern the movement of
the AFP in the Bangsamoro in such a way that the capability of the AFP to
accomplish its duty and mission is not impaired.”
A recommendation that provides more fundamental clarity to the
relationship between the Bangsamoro Police and the AFP is to resolve
the gaps in the current relationship between the PNP and AFP,
particularly on the use of force, and providing a real distinction between
a civilian police, and an armed force.
2. On the creation of a Bangsamoro Command of the AFP:
This part of Section 15 has been misunderstood by the public as the creation by
the Bangsamoro government of its own army. It is important to communicate
and clarify to the public that the Bangsamoro Command, if and when it is created
by the Central Government (not by the Bangsamoro government) will still be
under the AFP Chief of Staff and is similar to existing Commands in Mindanao
such as the Western Mindanao Command (WesMinCom).
3. Bangsamoro Police
On Section 2. Bangsamoro Police: Though the text in this section explicitly
states that the Bangsamoro Police would be part of the Philippine National
Police, this has not stopped fears and speculations about the police turning into
their own army or more recently about the possibility of those involved in the
Mamasapano incident becoming part of the Bangsamoro police in the future.
This clarification responds to the calls made in the Senate that the provisions
pertaining to the creation of the Bangsamoro Police as something the Senate
would strike out from the BBL.
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The creation of the Bangsamoro Police does not make it distinct from the existing
PNP but is rather a form of rebranding that is actually in consonance with current
reform measures within the PNP, which seeks to clean up its ranks.
To clarify any such doubts of supervision, the cluster suggested the possible
addition of a clause after the last sentence of the first paragraph, which will read
thus: “…It shall be part of the Philippine National Police, in accordance with
Chapter III of the DILG Act of 1990, RA 6975 as amended.” This
additional clause could provide guidance to the Bangsamoro Parliament when it
legislates the Bangsamoro Police Act, as provided in Section 12 of Article XI of
the BBL.
Fears that the existing PNP in the ARMM will be displaced once the Bangsamoro
Police is created can be laid to rest by simply specifying in Section 13 –
Transitional Arrangements that they will play a part during the transition as
they will still make up the bulk of the Bangsamoro police. Furthermore, the
cluster was of the opinion that PNP national support services and the
Bangsamoro Police should be allowed to coordinate directly, without the need for
the intergovernmental relations body to outline protocols of coordination (as
stated in Section 14) as they essentially belong to one PNP.
To reiterate, it may be a more fruitful exercise to examine the extent to
which the PNP in some circumstances acts in a way closer to a military
force than a civilian police, in which case proper adjustments to
command and jurisdiction can be made. This is a matter of examination
outside the BBL, and includes reviewing the extent to which a
commando force in the PNP is consistent with the Constitutional
establishment of a “civilian” police. This may substantially answer many
of the questions currently being asked about the extent by which the
Bangsamoro police can act as an armed force.
4. On Normalization and Decommissioning of MILF arms and
combatants:
There was concern expressed over the lack of a clear and specific timeframe for
decommissioning. Members of the cluster explained that the phasing of
decommissioning has been tied to milestones in the implementation of the peace
agreement as the MILF learned from the lapses in the implementation of the
MNLF’s agreement. The MILF, therefore, will undertake gradual
decommissioning depending on what aspect of the political deal has been
delivered. For example, 35% of their forces and arms will be decommissioned
upon the creation of the Bangsamoro Transition Authority (BTA). But the
creation of the BTA will require the passing of the BBL. Retiring a huge chunk of
arms and combatants in Mindanao, therefore, is tied to the fate of the BBL.
Furthermore, insisting on a fixed timetable for MILF surrender of their arms fails
to recognize the threats to the MILF posed, not by the government, but by
potential spoilers and other armed groups identified by International Alert in the
Bangsamoro area. They key message here is that if we want to get rid of the
BIAF and avoid another Mamasapano incident, we need to see to it that the BBL
is passed.
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B. Beyond the BBL: A Continuing Peace
As earlier mentioned, the Mamasapano incident revealed latent prejudices on
both sides of the relationship between the Christian majority and Muslim
minority. Even the discussions between both and indigenous peoples reveal how
much more we need to learn about the other IP minorities who have suffered
quietly and deserve as much attention and understanding. While these prejudices
may be unhelpful when it comes to questions of legalities and exercise of general
rights, they are helpful in two ways: 1) To understand where more affirmative
action may be needed to equalize the needs of minorities; and 2) it informs on
the extent to which our national psyche is disjointed beyond just our geography
or even language, but more fundamentally by the shallow understanding of our
diverse culture and heritage. Both must be addressed consciously and actively if
we mean to develop as a whole nation.
1. On bigotry against Muslims
The public uproar against the BBL and over Mamasapano has re-surfaced deepseated biases against Muslims. Prejudice against Muslims is not just a consensual
observation, or an anecdotal phenomenon, but one with some objective data.66
The lack of information about Mindanao, its history and its peoples compounds
the problem. This needs to be addressed through immediate Information,
Education and Communication (IEC) campaigns by various sectors while the BBL
is being deliberated in Congress as well as through long-term strategies involving
the formal education system.
2. Addressing Mamasapano.
There are at present four studies on the Mamasapano incident: 1) Board of
Inquiry; 2) Senate; 3) MILF; and 4) the International Monitoring Team. Each
comes to very different conclusions about who is liable, and the extent of that
liability, and makes very different recommendations, and most tellingly – apply
different local and international laws with varying degrees of relevance. In fact,
only the IMT refers to the Republic Act 9851 which has localized our international
obligations on international and internal armed conflicts.
Since Mamasapano revealed fundamental gaps in our security policies and
measures, addressing Mamasapano in a comprehensive way would also help
solve these problems and fill these loopholes that exist in all aspects of security,
including coordination between the AFP and PNP, unifying the inconsistent
policies and priorities on terrorism and insurgencies.
Rather than putting stop-gap measures within the BBL on chain of command or
supervision of the PNP and AFP that affects the country and not just Muslim
Mindanao, scrutiny of the relationships and failings of Mamasapano will highlight
these gaps in our overall peace and security strategies. This will provide more
informed, relevant, and long-standing recommendations. This would involve a
more independent and representative body that can study these issues.
66
Human Development Report of 2005.
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3. Transitional Justice: A Comprehensive Solution on Peace and
Security
The BBL currently refers to the creation of a Transitional Justice mechanism that
addresses the “legitimate grievances of the Bangsamoro people, such as
historical injustices, human rights violations, marginalization through unjust
dispossession of their territorial and proprietary rights and customary land
tenure.” The current Transitional Justice and Reconciliation Commission has
already begun addressing some of these issues.
It is believed that the scope of this Transitional Justice mechanism is limited. As
Mamasapano shows, the grievances arising from the Mindanao conflict are of
“mutual injustices” not by the Bangsamoro people alone, but other IPs, as well
as the general citizenry. As discussed by Cardinal Orlando Quevedo during the
April 18 plenary discussion, these grievances stem from the historical and
traditional injustices towards not only the Muslims but other indigenous peoples
and minorities, to loss of life and displacements that reemerged in the conflict’s
recent history of the 1970s that again include offenses committed by all sides,
these must all be part of a more “inclusive transitional justice” within the BBL.
Transitional Justice Mechanisms do not just cover Truth Commissions and
amnesty. It is a branch of study that is uncommon in local legal systems (which
are laws of peace), but established in conflict studies. They are broad
mechanisms and encompass matters of justice that include prosecution but also
go beyond this when there is a need to avoid the tendency towards victor’s
justice or assigning blame. Some Transitional Justice mechanisms include:
a. Prosecutorial investigations to study current issues like Mamasapano to
determine how best to address them, i.e., studying the applicability of
RA 9851, creating the special courts mandated therein, creating other
kinds of courts such as hybrid courts or partly-international
arrangements to help ensure impartiality, or exploring the viability of
amnesty, amnesty in exchange for truth, or similar alternatives. These
can also act as pre-prosecution procedures
b. Truth Commissions – Truth Commissions are flexible arrangements that
can go beyond prosecutorial investigations or fact-finding bodies. They
are meant to find a way to lock in history – to tell an important story
from varying perspectives. This can be used together with or separate
from the prosecutorial aspect, to find and consolidate perspectives of
history and grievances, and find facts to overtake anecdote, to address
the deep seated prejudice and long standing grievances arising from
several massacres, deaths, and destruction accomplished by both
sides. The healing is not just for the Bangsamoro/MILF/MNLF and the
– healing must be for the whole nation, the citizenry, especially the
Indigenous Peoples, and the government, particularly the military.
c. Memorials – a country with the strong identity has a citizenry with a
common historical narrative. Memorials, apologies, acknowledgments,
are ways of making the public remember this common story from
which the country can move on together.
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d. Continuing mandatory public education on the histories of Islam,
Indigenous Peoples and other minorities, that addresses the prejudice,
cultural misunderstanding, and stereotyping of Muslims and other
Indigenous Peoples, in a way that focuses on Conflict
Transformation, Conflict Prevention, and building a Culture of
Peace.
The creation of stronger Transitional Justice mechanisms may give an
opportunity to ensure that full measure is given to address grievances beyond
Mamasapano, and beyond land disputes, with impartiality and sensitivity. This
mechanism may be within the BBL itself, i.e. to expand the TJRC, or else to
create a separate body. In either case, to have a body that is given enough time
to understand all the issues that include International Humanitarian Law, Penal
Law, the Laws of War, and Terrorism.
Transitional Justice is conflict prevention. The Philippines must now make its
own narrative – as complete as possible. Although likely to be imperfect, it is
important that it is a shared narrative. Most of us who have been so far
removed from this conflict that has affected generations of our fellow Filipinos,
are as likely to repeat the failures of peace as our predecessors if we continue to
be ignorant of them. The Philippines needs a shared history, and a meaningful
transition may be a chance for our country to begin one.
The ultimate purpose of transitional justice is not only to move from
conflict to peace without incident, to assign blame or to administer
punishment. The purpose is to heal from it by never repeating the
tragedy, horror, deprivation and destitution of conflict. To borrow a
famous battle cry against oppression: “Nunca Mas” or “Never Again”.67
It is time the Philippine creates its own battle cry for peace.
67
Highly publicized and widely distributed Argentinian investigative report on forced disappearance of persons
and other human rights violations of the military dictatorship that established a firm transition society.
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Final Word
In the plenary meeting on April 18th and in the separate meetings of the clusters,
the issue of Social Justice and Human Development took a very prominent role in
the discussions. It came out as a common concern. Indeed, it was a unifying
theme for the four clusters.
As the country eagerly awaits the actions of the policy makers on this important
legislation, it must be emphasized that the BBL is not just about the grant of
autonomy. It should not be seen as merely a matter of division of powers,
resources and responsibilities, between a national government and an
autonomous region. The BBL should be understood for what it really is, an
instrument to pursue social justice and development, for the constituents of the
autonomous region, for the entire Mindanao, and for the country in general.
The 2005 Philippine Human Development Report entitled ‘Peace, Human Security
and Human Development’ discusses human development in all its dimensions:
Development is about people and about freedom – from fear, from want,
from humiliation and prejudice. It is about the security of real people and
not of a state or a regime. It goes beyond the material benefits of an end
to armed conflict, and care must be taken not to reduce it to a question of
money or of economics. Nor can we delimit the Muslim situation as a
“Mindanao issue” because it is a human development issue that touches all
Filipinos.
It’s also about the non-monetary cost of displacement, diaspora and
discrimination that lead to a breakdown in the social cohesion of
communities, and ultimately of national solidarity. Rather than hardship
alone, the sense of deprivation, injustice and indignity lie at the heart of
armed conflict. Often, not even the most abject conditions by themselves
cause grievances, much less revolutions. The revolutionary argument is
that deprivation and indignity can be relieved, injustice remedied and
national cohesion achieved only by pursuing resolutely some promised
alternative. People must perceive and be convinced that something
“higher” and “better” than their present condition is possible.
As can be seen from the discussion of the cluster reports, Social Justice and
Human Development constitute an indispensable component of the review of the
BBL. In fact, there was consensus that there are larger governance and justice
issues not only in the autonomous region or in Mindanao, but in the entire
country, that should be addressed beyond the BBL.
The BBL is a path to peace. Doubtless, it will not solve all the problems of the
country or of the autonomous region. But it is a foundational element, a
necessary first step, without which many worthy initiatives cannot even be tried.
There is no guarantee of success, as no constitution or law or government can
make such a guarantee. But it is a momentous opening for opportunities for a
new beginning, to correct the mistakes of the past, to craft a better future.
We have all lost so much in waging war against each other for so long, now is
the time for the country to try to win by being united in pursuing peace.
Page 50 of 50
CITIZENS’ PEACE COUNCIL LIST OF PARTICIPANTS
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Ms. Mercy Abad
Ms. Elmalyn Abad
Atty. Benjamin Abadiano
Ms. Emily Abrera
Ms. Rowena Abrera
Mr. Jonathan Adau
Dean Pacifico Agabin
Ret. Gen. Alex Aguirre
Mr. Rex Alamban
Mr. Michael Frank Alar
Mr. Tony Alonso
Atty. Fely Aquino
Ms. Jan Arceo
Mr. Lee Arroyo
Mr. Sadural Aubnee
Prof. Ali Ayub
Datu Roldan Babelon
Dr. Rowena Bailon
Prof. Moner Bajunaid
Mr. Timuay Alim Bandara
Ms. Dionesia Banua
Ms. Bai Shaima Baraguir
Ms. Anna Tasnim Basman
Ms. Debbie Basmayor-Pempeña
Mr. Marc Batac
Usec. Emmanuel T. Bautista
Mr. Mauja Bayag
Mr. Sannie Bello
Mr. Bunsoy Benigno
Mr. Romy Bernardo
Ms. Kristine Borja
Mr. Percy Brawner
Ms. Junnielle Mae Bue
Atty. Romeo Cabarde, Jr.
Ms. Mabel Cammba
Dean Sedfrey Candelaria
Dr. Loreta Castro
Ms. Rhea Catada
Prof. Edna Co
Ms. Beatriz Colmo
Ms. Jennevie Comelio
Dean Danilo Concepcion
Atty. Anna Marie Coromines
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Ms. Jennifer Corpuz
Mr. Leticio Datawata
Most Rev. Pablo Virgilio David
Chief Justice Hilario G. Davide, Jr.
Atty. Maria Victoria de Guzman
Mr. Edilberto de Jesus
Ms. Melinda de Jesus
Mr. Likha Lakan de los Reyes
Mr. Francis Dee
Ambassador Howard Dee
Mr. Ramon del Rosario
Ms. Joan dela Cruz
Mr. Paul Dominguez
Mr. Norbryan Edding
Mr. Bo-lera España
Ret. Gen. Raymundo Ferrer
Ms. Jeanette Florida
Ms. Victoria P. Garchitorena
Atty. Fatima Garcia
Ret. Gen. Rodolfo Garcia
Dr. Augustus Gatmaytan
Mr. Vokeg Gondio
Dr. Cielito Habito
Ms. Natalie Jorge
Datu Cosme Lambayon
Mr. Vicente Lao
Mr. Francisco Lara, Jr.
Atty. Maisara Latiph
Most Rev. Antonio Ledesma
Atty. John Ray Libiran
Mr. Rafael Lopa
Ms. Rina Lopez-Bautista
Ms. Hazel Lucas
Mr. Muhammad Mazir
Dr. Maria Mangahas
Atty. Marlon Manuel
Atty. Nasser Marohomsalic
Mr. Gus Miclat
Ms. Angelie Yulo-Millan
Ms. Mikaela Millar-Brasileno
Atty. Christian Monsod
Atty. Katrina Monsod
Mr. Michael Montelibano
CITIZENS’ PEACE COUNCIL LIST OF PARTICIPANTS
87. Prof. Jasmin Nario-Galace
88. Sr. Maria Lourdes Noel
89. Mr. Dave Nugent
90. Ms. Yolanda Ong
91. Ms. Leonor Oralde-Quintayo
92. Mr. Cayetano Paderanga, Jr.
93. Ms. Maria Acela Katrina Padua
94. Mr. Dindo Pagalunan
95. Rev. Luis Daniel Pantoja
96. Mr. Patty Pascual
97. Mr. Mohammad Omar Pasigan
98. Ms. Judy Pasimir
99. Mr. Rogelio Patricia
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Ms. Zenaida Paura
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Mr. Peter Perfecto
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Mr. John Perrine
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Mr. Cairodin Poonadato
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Most Rev. Orlando B. Cardinal
Quevedo
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Ms. Nadine Ragonjan
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Atty. Christine Antoinette
Ramos
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Ms. Amina Rasul
Ms. Katrina Raymundo
Mr. Sannie Remotin
Ms. Christian Hope Reyes
Mr. Joselito Rivera
Ms. Bigong Conchita Sanama
Mr. Musa Mohamad Sanguila
Ms. Patricia M. Sarenas
Chair Lina Sarmiento
Bai Nanapnay Liza Saway
Datu Migketay Victorino Saway
Ms. Mariell Sawban
Mr. Zabra Siwa
Bai Rohaniza Sumndad-Usman
Mr. Bayani Sumuoang
Fr. Joel Tabora
Ms. Joy Tadeo
His Eminence Luis Antonio G.
Cardinal Tagle
Ms. Diane Tiffany Tagudin
Ms. Karen Tañada
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Bishop EfraimTendero
Mr. Vincent Tobias
Ms. Emma Tundag
Ms. Annie Ty
Ms. Analisa Ugay
Mr. Santos M. Unsad
Dr. Wilfrido Villacorta
Most Rev. Socrates Villegas
Mr. Alvinsor Zinggon
Mr. Jaime Augusto A. Zobel
SUMMARY OF BBL ISSUES AND ARGUMENTS
Issue: Statehood/Secession - Territory
BBL Provision
Constitution
Art. III, Section 1. Definition of Territory - Territory refers to the land
mass as well as the maritime, terrestrial, fluvial and alluvial domains, and the
aerial domain above it. The Bangsamoro territory shall remain a part of the
Philippines.
Art. 1, Sec. 1: The national territory comprises the Philippine archipelago,
with all the islands and waters embraced therein, and all other territories
over which the Philippines has sovereignty or jurisdiction, consisting of its
terrestrial, fluvial and aerial domains, including its territorial sea, the seabed,
the subsoil, the insular shelves, and other submarine areas. The waters
around, between, and connecting the islands of the archipelago, regardless
of their breadth and dimensions, form part of the internal waters of the
Philippines.
Opposition
Territory as defined in Black’s Law Dictionary1 - ex.
(1) Phil. as US “unincorporated territory”;
(2) UN trust territories
Mendoza
Defense
A BBL is not necessary for secession.
All local governments have defined territories
Other References/Comments
These things can be made in clarifications –
but for the sake of peace agreement, not
necessarily included in the BBL itself.
Art. III, Sec. 1 is explicit
Territory cannot be fragmented
into exclusive
jurisdictional control of local governments or
autonomous regions. (Mainly discussed in relation to
exploitation of natural resources)
(Magallona)
There should be a statement on the Sabah claim, the
treatment of ancestral domain of Lumads and the
Status of the Sultanate of Sulu
(Romero)
The requisite plebiscite takes the BBL out of the
North Cotabato objection
Suggestion:
defined
What is “contiguous’ could be better
As to waters: management can be delegated.
(Agabin & Tan)
– on Contiguous Zones – it encroaches on Philippine
Territory Philconsa
1
Black’s Law Dictionary: A part of the country separated form the rest and subject to a particular jurisdiction, a geographical area under the jurisdiction of another country or sovereign power.
1
SUMMARY OF BBL ISSUES AND ARGUMENTS
Issue: Statehood/Secession –Self-determination
BBL Provision
Constitution
Preamble: …. Affirming the distinct historical identity and birthright of the
Bangsamoro people to their ancestral homeland and their right to selfdetermination ….
Opposition
“Self-determination
International Law
has
restrictive
Art. II, Sec. 7: The State shall pursue an independent foreign policy. In its
relations with other states, the paramount consideration shall be national
sovereignty, territorial integrity, national interest, and the right to selfdetermination.
Defense
meaning
in
One would read this as referring to Internal selfdetermination.
(Mendoza)
Statements about “political destiny” and asymmetry
with its own flag and seal shows a desire for equality
with the National Government
There must be a statement eschewing secession.
(Romero)
Other References/Comments
Also under UN Treaties –
Province of North Cotabato
Self-governance does not imply independence or
secession.
Internal self-determination was recognized in North
Cotabato
(Agabin and Tan)
The marks of external self-determination can be
found in the BBL. (no citation)
A flag may mean independence. The heraldic law
does not allow government entities to have a flag,
emblem, or anthem.
(Philconsa)
Recognition and Statehood
Independent Institutions are created
Bangsamoro “concurrent powers”
The support of foreign governments for the BBL can
easily translate into recognition
(Mendoza)
by
giving
Granting concurrent powers to Bangsamoro may
create
permanent
independent
Bangsamoro
institutions (See also Magallona under Powers of
Government)
2
SUMMARY OF BBL ISSUES AND ARGUMENTS
Issue: Citizenship and Suffrage
BBL Provision
Constitution
Art. I, Sec. 2. Name - The name of the political entity under this Basic Law
shall be the Bangsamoro”
Art. 2, Sec. 1: Bangsamoro People - 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
descendants, whether of mixed or of full blood, shall have the right to identify
themselves as Bangsamoro by ascription or self-ascription. Spouses and their
descendants are classified as Bangsamoro.
Art. IV. Citizenship
Art. V, Sec. 1 (Suffrage) Suffrage may be exercised by all citizens of the
Philippines, not otherwise disqualified by law, who are at least eighteen
years of age, and who shall have resided in the Philippines for at least one
year and in the place wherein they propose to vote, for at least six months
immediately preceding the election. No literacy, property, or other
substantive requirement shall be imposed on the exercise of suffrage.
Art. IV, Sec. 7
Section 7. Social Justice. - The Bangsamoro shall establish a government
that ensures that every citizen in the Bangsamoro is provided the basic
necessities and equal opportunities in life. Social Justice shall be promoted in
all phases of development and facets of life within the Bangsamoro.
Opposition
Defense
Non-Bangsamoros may be disqualified. The definition
of Bangsamoro is the same as defining a citizen, i.e.,
to exclude outsiders
(Mendoza)
There is no definition of citizenship.
A nonBangsamoro does not lose civil and political rights
The term “Bangsamoro People” should have been
changed according to Province of Cotabato
The autonomous region in the Constitution is
generally defined / described – Such other matters
authorized by law for the promotion of the general
welfare of the people of the region.
It can be
expanded by statute so long as it does not violate the
broad Constitutional guidelines.
(Agabin and Tan)
Without mention of other Filipino people, it is like the
Bangsamoro is different from and equal to other
Filipinos – who should include Bangsamoro already
Other References/Comments
There is no discrimination with respect to candidacy.
“other inhabitants” – how are they treated now – can
they be forced to be part of the Bangsamoro against
their will?
3
SUMMARY OF BBL ISSUES AND ARGUMENTS
Other tribal peoples/inhabitants do not have their
own classification.
The word “Bangsa” is nation, and may mean substate.
The political entity called “Bangsamoro” is not a
subdivision
under
the
Constitution,
which
names….”autonomous region”
It is a super political entity that is unlike other
subdivisions
(Philconsa) – Believes that “citizen” refers to
Bangsamoro citizens and wonders if that is another
indication of independence .
Issue: Form of Government.
BBL Provision
Constitution
Creating a Parliamentary Form of Government
Art. X, Sec. 18
- Generally Art. VII.
- CAB Annex on Power Sharing
- References to Ministerial Form of Government
… The organic act shall define the basic structure of government for the
region consisting of the executive department and legislative assembly, both
of which shall be elective and representative of the constituent political units.
…
1.
2.
3.
4.
5.
Art. IV, Sec. 3
Art. V, Powers of Government
Sec. 3, par. 57
Art. VII, Sec. 3
Art. IX, Sec. 6.
Art. X, Sec. 15: There shall be created autonomous regions in Muslim
Mindanao and in the Cordilleras consisting of provinces, cities, municipalities,
and geographical areas sharing common and distinctive historical and
cultural heritage, economic and social structures, and other relevant
characteristics within the framework of this Constitution and the national
sovereignty as well as territorial integrity of the Republic of the Philippines.
4
SUMMARY OF BBL ISSUES AND ARGUMENTS
Opposition
Defense
Other References/Comments
Parliamentary Systems in a Presidential one is an
“oddity and incongruity”
(Mendoza)
IPs are allowed different forms of government. The
LGC allows this too.
All that is required is an
executive department and legislative assembly.
(Agabin &. Tan)
Also relates to a discussion on “Autonomy”
and “Autonomous Regions”
Overall, the BBL in implementation of the CAB
presents a creation of a political system within the
Philippine State, with its own territory, population,
government, and natural resources, intended to
function in relative independence from the National
Government
(Magallona)
Local autonomy is administrative autonomy, while
autonomous regions have political autonomy. (citing
Cordillera Broad Coalition v. Commission on Audit,
G.R. 79956 (Jan. 29, 1990)
(Fr. Aquino)
There is no competitive party system that would
make the Parliamentary system work.
(Romero)
The constitution recognizes differences in history and
culture, but not political structure.
They must be within the framework of the
Constitution and the Territory of the Philippines
(Mendoza)
A people sharing the same historical experience
…living in a territory perceived as their homeland is a
definition of “nation” and explicitly provided in the
Constitution
(Agabin and Tan)
“And other relevant characteristics”
They must be within the framework of the
Constitution and the Territory of the
Philippines
5
SUMMARY OF BBL ISSUES AND ARGUMENTS
Inter-Governmental Relations
Issue: How powers will be shared by the Bangsamoro government (BG) and the Central Government (CG)?
BBL Provision
Constitution
Article V. POWERS OF GOVERNMENT
ARTICLE X. LOCAL GOVERNMENT
Section 1. Reserved Powers. - Reserved powers are matters over which
authority and jurisdiction are retained by the Central Government. The Central
Government shall exercise the following reserved powers:
Xxx
Section 2. Concurrent Powers. - Concurrent powers shall refer to the
powers shared between the Central Government and the Bangsamoro
Government within the Bangsamoro, as provided in this Basic Law.
Xxx
Section 3. Exclusive Powers. - Exclusive powers are matters over which
authority and jurisdiction shall pertain to the Bangsamoro Government. The
Bangsamoro Government shall exercise these powers over the following
matters within the Bangsamoro:
Xxx
Section 4. Other Exclusive Powers.
Xxx
Section 17. All powers, functions, and responsibilities not granted by this
Constitution or by law to the autonomous regions shall be vested in the
National Government.
XXX
Section 20. Within its territorial jurisdiction and subject to the provisions of
this Constitution and national laws, the organic act of autonomous regions
shall provide for legislative powers over:
1 Administrative organization;
2 Creation of sources of revenues;
3 Ancestral domain and natural resources;
4 Personal, family, and property relations;
5 Regional urban and rural planning development;
6 Economic, social, and tourism development;
7 Educational policies;
8 Preservation and development of the cultural heritage; and
Such other matters as may be authorized by law for the promotion of the
general welfare of the people of the region.
Opposition
1. Failure to distinguish between constituent
matters and legislative matter
The lopsided allocation of powers to the national
government and the BG is due in part to the fact that
some powers granted to its Parliament are not
legislative, but constituent in nature, whereas the
Constitution categorically provides that only
“legislative” shall be delegated to regional
Section 21. The preservation of peace and order within the regions shall be
the responsibility of the local police agencies which shall be organized,
maintained, supervised, and utilized in accordance with applicable laws. The
defense and security of the regions shall be the responsibility of the National
Government.
Defense
Other References/Comments
The powers reserved to the CG are those that pertain
to foreign relations (external security, immigration,
etc). That these are witheld from the BG is consistent
with the fact that the Bangsamoro is not constituted
as a separate state, as the 4th element thereof is the
capacity to enter into relations with other states.
This is also consistent with Supreme Court rulings
that in our system of government, the president,
being the head of state is regarded as the sole organ
In order to avoid any doubt, a definition of
the term “exclusive powers” is proposed:
Section 3. Exclusive Powers. Exclusive powers are powers devolved
to the Bangsamoro, over which
authority
and
jurisdiction
shall
primarily pertain to the Bangsamoro
Government, without prejudice to the
6
SUMMARY OF BBL ISSUES AND ARGUMENTS
governments and such grant shall be subject to the
provisions of this Constitution and national laws.”
– Justice Vicente V. Mendoza
and authority in external relations and the country’s
sole representative with foreign nations (Pimentel v
Exec Sec, GR#158088, 6 July 2005). The
Constitution further mandates that even in the
autonomous regions, the defense and security of the
regions shall be the responsibility of the CG.
general supervision powers of the
President over the Bangsamoro. The
Bangsamoro
Government
shall
exercise these powers over the
following
matters
within
the
Bangsamoro: x x x
The concurrent powers are functions, which the
Constitution has placed upon a specific agency, and,
thus, may not be removed from the CG. However,
these may be exercised concurrently with
autonomous regions such as the Bangsamoro.
- Antonio G. M. La Vina and Janice Lee
(ASOG)
The remaining exclusive powers refer to internal
administrative matter. These may be delegated to
the Bangsamoro in recognition of the higher degree
of autonomy granted to it as compared to other
LGUs. This is consistent with the goals of regional
autonomy.
- Antonio G. M. La Vina and Janice Lee
The powers of government are reduced to contractual
arrangement between parties to the CAB, resulting in
a new configuration of political authority. In the first
place, such authority raises the fundamental issue as
to whether a government office and non government
organized group may assume the function of
reorganizing and restructuring the powers of
Government in usurpation of the act of sovereignty
under the Constitution.
a. on reserved powers
The CAB parties usurped the sovereign functions
which the people enthroned in the Constitution. The
CAB and BBL intended to deprive the NG of certain
powers in its relation with BG. NG has no power and
authority over the BG unless as provided under CAB
and as implemented by the BBL.
This categorization is alien to the fundamental law
The list of exclusive powers is acceptable since article
X, section 20 of the Constitution is not exclusive and
lawmakers may add other fields.
The foreign relationships the Bangsamoro Entity is
empowered to enter into are not the diplomatic
relationships that make a state a state. Provinces,
cities and municipalities are separate corporate
entities and may thus enter into legal relationships,
such as raising debt and borrowing money. So long
as it is clear that the President remains the
Philippines’ sole voice in foreign affairs as
contemplated in constitutional law and that the
President as Commander-in-Chief remains solely
responsible for external defense, nothing prevents a
political subdivision such as the Bangsamoro Entity
from entering into these other legal relationships,
especially not ones that capitalize on the entity’s
unique demographic such as certain relationships
7
SUMMARY OF BBL ISSUES AND ARGUMENTS
and to our system of government.
b. on concurrent powers
The root issue is the Constitutional basis of their
creation.
c. Exclusive Powers
There can be no recognition of powers and
jurisdictions exclusive to the BG; otherwise, the
Republic would be conceding that it does not possess
internal sovereignty or supreme authority over
matters within the exclusive powers of the BG.
The assumption is that the Bangsamoro Government
is in intergovernmental relationship with the National
government at the “highest level.” However, it should
be obvious that, as the Constitution prescribes, all
autonomous regions and subdivisions are subject to,
and under the supreme authprity of the National
government,
in
particular
of
its
Legislative
Department.
-- Merlin M. Magallona
The enumeration of the powers that are to be
exercised by Bangsamoro and what is called the
Central Government concurrently, and those granted
Bangsamoro exclusively far exceed what the
Constitution allows
-- Fr. Ranhilo Callangan Aquino
with Muslim countries and their political subdivisions
that could well stimulate investment in Mindanao.
Congress may delegate certain powers to the
Bangsamoro Entity such as determining the location
of free ports (with the incentives offered under
existing national laws), the creation of government
corporations with original charter intended to operate
within the Bangsamoro Entity, and the creation of
legislative franchises for public utilities within the
Bangsamoro Entity subject to constitutional
restrictions.
-- Pacifico Agabin; Oscar Franklin Tan
Under the Constitution, all powers not delegated are
retained by the central government. In the case of
the AFP, for instance, ultimately, who is the
commander-in-chief of the AFP? It's still the
President. There is no commander in chief of the AFP
other than the President.
- Adolf Azcuna
(http://www.rappler.com/nation/specialcoverage/peacetalks/73338-bangsamoro-bill-schoolsof-thought)
8
SUMMARY OF BBL ISSUES AND ARGUMENTS
Issue: Conflict of Laws between the Bangsamoro government (BG) and the Central Government (CG)
BBL Provision
Constitution
Article VII
THE BANGSAMORO GOVERNMENT
Section 2. Legislative Authority.- The Bangsamoro Parliament shall have
the authority to enact laws on matters that are within the powers and
competencies of the Bangsamoro Government
Opposition
Defense
Other References/Comments
The powers granted to the BG exceed those granted
to other LGUs. It is possible that the laws passed by
the Bangsamoro parliament may overlap with, or
even conflict with, those of the CG.
The laws passed in the Bangsamoro may be classified
as either territorial or personal in terms of
application. These limits of applicability give rise to
questions of when, in cases of conflict, CG laws will
apply instead of BG laws. These conflicts are
sometimes termed as “inter-regional conflict of laws”.
There is no provision in the BBL which would govern
problems of inter-regional conflict of laws. Section 8,
Art VI of the BBL only refers to the Philippine
Congress-Bangsamoro
Parliament
Forum
for
purposes of cooperation and coordination of
legislative initiatives. Section 8 may be amended as
follows:
Section 8. Philippine Congress -Bangsamoro
Parliament Forum. - There shall be a Philippine
Congress-Bangsamoro
Parliament
Forum
for
purposes of cooperation and coordination of
legislative initiatives and to ensure that all laws
passed by the Bangsamoro Parliament shall be
consistent with the 1987 Constitution and the
Philippine Cogress. In case of any conflict between
9
SUMMARY OF BBL ISSUES AND ARGUMENTS
the laws passed by the Bangsamoro Parliament and
the Constitution, the Constitution shall prevail and
the former shall be considered void. The same rule
shall apply in case of conflict between Congress and
the Bangsamoro Parliament except as to matters
addressed through the the Philippine CongressBangsamoro Parliament Forum.
Further,
the
Philippine
Congress-Bangsamoro
Parliament Forum shall cooperate to enact a law
containing rules on inter-regional conflicts of laws.
These rules shall govern any conflicts in applying
the laws passed by the Bangsamoro Parliament and
those passed by Philippine Congress, regarding
persons and family relations, other civil law
matters, commercial law, and criminal law.
-- Antonio G. M. La Vina and Janice Lee (ASOG)
Issue: General supervision of the Bangsamoro Government (BG)
BBL Provision
Constitution
Article VI. INTERGOVERNMENTAL RELATIONS
ARTICLE X.
LOCAL GOVERNMENT
Section 3. General Supervision. Consistent with the principle of autonomy
and the asymmetric relation of the Central Government and the Bangsamoro
Government, the President shall exercise general supervision over the
Bangsamoro Government to ensure that laws are faithfully executed.
Section 16. The President shall exercise general supervision over
autonomous regions to ensure that laws are faithfully executed.
Section 17. All powers, functions, and responsibilities not granted by this
Constitution or by law to the autonomous regions shall be vested in the
National Government.
Defense
Other References/Comments
Opposition
The BBL reduced power of the president to “general
supervision,” or mere oversight as distinguished from
control, the Bill furher emascualtes the President’s power
by providing that its exercise should be consistent with
autonomy and assymetrical relations…This can make the
strict enforcement of national laws within the Bangsamoro
territory difficult to secure as law enforcement may have to
take acoount of the local custom of the people. That can
make a mockery of the laws of the Republic, as the
“assymetric relation” of the two government can always be
waived to overrule any constitutional objection.
The BBL’s nuanced drafting intentionally avoids
transgressing against the Constitution’s explicit
powers assigned to national bodies. The President
does not have the power of control but retains the
power of supervision over the Bangsamoro Entity, as
required for an autonomous region in the
Constitution.
This provision emphasizes that the Bangsamoro
Entity shall be subject to the President’s power of
supervision, one of the most important requirements
for autonomous regions in art X Constitution
10
SUMMARY OF BBL ISSUES AND ARGUMENTS
– Justice Vicente V. Mendoza
-- Pacifico Agabin; Oscar Franklin Tan
The Bangasmoro political entity is created outside the
constitutional box. It is imbued with powers, functions and
responsibilities far in excess of the nature attributed to the
autonomous region by the Constitution or to any political
division of the Republic.
-- Merlin M. Magallona
Issue: Distribution of Powers of Government.
BBL Provision
Constitution
Division of Governmental Powers (Generally)
Art. V, Sec. 3 (Exclusive Powers)
Par. 7: Barter trade and countertrade with ASEAN countries Art. X, Sec. 18 (see above)
Art. X, Sec. 20: Within its territorial jurisdiction and subject to the provisions
of this Constitution and national laws, the organic act of autonomous regions
shall provide for legislative powers over:
Par. 17, Receive Grants and Donations
Art. XII, Sec. 24 Grants and Donations. – Grants and donations from
foreign and domestic donors received by the Bangsamoro Government for the
development and welfare of the people in the Bangsamoro shall be used solely
for the purpose for which they were received.
Donations and grants that are used exclusively to finance projects for
education, health, youth and culture, and economic development, may be
deducted in full from the taxable income of the donor or grantor.
Contract Foreign Loans
1.
2.
3.
4.
5.
6.
7.
8.
9.
Administrative organization;
Creation of sources of revenues;
Ancestral domain and natural resources;
Personal, family, and property relations;
Regional urban and rural planning development;
Economic, social, and tourism development;
Educational policies;
Preservation and development of the cultural heritage; and
Such other matters as may be authorized by law for the promotion of the
general welfare of the people of the region.
Art. X, Sec. 17
Art. XII, Sec. 22
All powers, functions, and responsibilities not granted by this Constitution or
by law to the autonomous regions shall be vested in the National
Government.
Section 22. Foreign and Domestic Loans; Bills, Bonds, Notes and
11
SUMMARY OF BBL ISSUES AND ARGUMENTS
Obligations. – (a) Loans, Credits, and Other Forms of Indebtedness. – The
contracting of loans, credits, and other forms of indebtedness by the
Bangsamoro Government shall be for the development and welfare of the
people of the Bangsamoro.
Art. XII, Sec. 21
Section 21. Foreign loans may only be incurred in accordance with law and
the regulation of the monetary authority. Information on foreign loans
obtained or guaranteed by the Government shall be made available to the
public.
Art. VII, Sec. 20
The President may contract or guarantee foreign loans on behalf of the
Republic of the Philippines with the prior concurrence of the Monetary Board,
and subject to such limitations as may be provided by law. The Monetary
Board shall, within thirty days from the end of every quarter of the calendar
year, submit to the Congress a complete report of its decision on
applications for loans to be contracted or guaranteed by the Government or
government-owned and controlled corporations which would have the effect
of increasing the foreign debt, and containing other matters as may be
provided by law.
Opposition
Defense
Making divisions of “exclusive”, “reserved”, and
“concurrent” violates the Constitution because as a
unitary government, it retains all powers of
sovereignty except what is given under Art. X, Sec.
20.
(Mendoza, Magallona)
There is nothing unconstitutional about naming it like
this.
(Agabin & Tan)
OPAPP and MILF – an NGO -effectively reduced
Governmental powers by contract agreement
(Magallona)
Under the Bill, the Powers given to the Parliament of
the Bangsamoro Government are constituent in
nature, as opposed to merely legislative.
(Mendoza)
Other References/Comments
“Exclusive” powers is political and legally meaningless
but since it causes confusion it can just be defined.
(La Vina)
Contracting loans without sovereign guarantees is
already done by provinces and cities
(Agabin and Tan)
These foreign
relationships.
relationships
are
not
diplomatic
It just needs to be made clear that the President is
12
SUMMARY OF BBL ISSUES AND ARGUMENTS
Constituent powers cannot be
amendment to the Constitution.
granted
without
the sole voice in foreign affairs.
(Agabin & Tan)
Granting concurrent powers is granting Bangsamoro
“independence in the exercise of powers of
Government and concomitant transfer to it by the
National Government of its own powers.” This allows
for (independent?) institutionalization of Bangsamoro
= permanent independent state.
It makes the
Bangsamoro at parity with NG.
(Magallona)
The way the BBL is created (1) Congress is an
instrument only of the Bangsamaoro; (2) it is the
Bangsamoro that establishes limits on NG power.
(Magallona)
There is more in the BBL than allowed in the
Constitution
(Use ARMM as a Template)
(Fr. Aquino)
Issue: The Assymetric relationship of the National and Bangsamoro Governments.
BBL Provision
Constitution
Article VI . INTERGOVERNMENTAL RELATIONS
ARTICLE X.
LOCAL GOVERNMENT
Section 1. Assymetric Relationship.– The relationship between the Central
Government and the Bangsamoro Government shall be asymmetric. This is
reflective of the recognition of their Bangsamoro identity, and their aspiration
for self-governance. This makes it distinct from other regions and other local
governments.
Section 1. The territorial and political subdivisions of the Republic of the
Philippines are the provinces, cities, municipalities, and barangays. There
shall be autonomous regions in Muslim Mindanao and the Cordilleras as
hereinafter provided.
Section 15. There shall be created autonomous regions in Muslim Mindanao
and in the Cordilleras consisting of provinces, cities, municipalities, and
geographical areas sharing common and distinctive historical and cultural
heritage, economic and social structures, and other relevant characteristics
within the framework of this Constitution and the national sovereignty as
well as territorial integrity of the Republic of the Philippines.
13
SUMMARY OF BBL ISSUES AND ARGUMENTS
Opposition
Defense
Other References/Comments
Congress has no authority to create any other agency
of local government.
The word assymetric is not a legal term but a political
one. In political science, there is asymmetry when a
territorial unit within a political system enjoys a
distinct or special status because of its peculiarities.
It is the asymmetric relation qualification that
waters down the President's general
supervision. This can make the strict
enforcement of national laws in the
Bangsamoro difficult to secure. The right to
self-determination cannot be used to justify
this kind of relationship between the
Bangsamoro government and the central
government.
So by what authority of Congress is the BG justified
to be created?
This is to beg the question: whether Congress has
authority to create a political entity that is different
from the other forms of local governments by simply
describing the relation of such entity to the NG as
“assymetric.”
– Justice Vicente V. Mendoza
The Supreme Court has explored the concept of
“asymmetrical relationship” in relation to autonomous
regions: “autonomous regions are granted more
powers and less intervention from the national
government than territorial and political subdivisions.
They are, thus, in a more asymmetrical relationship
with the NG as compared to other local governments
or any regional formation…” (Leonen J., Concurring
Opinion, League of Provinces of the Philippines v.
DENR, GR No. 175368, 11 April 2013)
Adolf
Azcuna
(http://www.rappler.com/nation/specialcoverage/peacetalks/73338-bangsamoro-billschools-of-thought)
The concept itself falls within constitutional limits.
In
order
to
ensure
clarity
misinterpretation, a definition of
relationship” is suggested:
and
avoid
“asymmetrical
Section 1. Asymmetric Relationship. – The
relationship between the Central Government
and the Bangsamoro Government shall be
asymmetric. This is reflective of the
recognition of the Bangsamoro identity, and
the
Bangsamoro
aspiration
for
selfgovernance.
As used in this Law, an “asymmetric relationship”
refers to the relationship between the Central
Government and the Bangsamoro Government as an
autonomous region, as provided under Section 15,
Article X of the 1987 Constitution, which is distinct
from other regions and other local governments. The
Bangsamoro
Government
is
subject
to
the
supervision of the President of the Philippines. All
powers, functions, and responsibilities not granted by
14
SUMMARY OF BBL ISSUES AND ARGUMENTS
the 1987 Constitution or by this Law to the
Bangsamoro Government shall be vested in the
Central Government
The BBL creates an entire political system constituted
by powers, functions and responsibilities independent
of the national government; in fact, the impact of
that system consists in the intrusion of concepts of
government alien to the Constitution’s own political
system.
As a result, the BBL have the effect of rejecting the
cornerstone prncple of the Constitution, the
separation of powers.
-- Antonio G. M. La Vina and Janice Lee
Justice Marvic Leonen provided a jurisprudential
definition of asymmetric relationship in a 2013
concurring opinion. It is a simple affirmation that a
larger autonomous area such as the Bangsamoro
Entity necessarily has a different relationship with the
national government compared to ordinary local
government units, and enjoys more powers. This is
thus not the associative relationship criticized in the
MOA-AD Decision.
-- Pacifico Agabin; Oscar Franklin Tan
-- Merlin M. Magallona
Issue: “Assymetric Relationship”.
BBL Provision
Constitution
Art. VI, Section 1. Asymmetric Relationship. – The relationship between
the Central Government and the Bangsamoro Government shall be
asymmetric. This is reflective of the recognition of their Bangsamoro identity,
and their aspiration for self-governance. This makes it distinct from other
regions and other local governments.
Section 4. The President of the Philippines shall exercise general supervision
over local governments. Provinces with respect to component cities and
municipalities, and cities and municipalities with respect to component
barangays, shall ensure that the acts of their component units are within the
scope of their prescribed powers and functions.
Art. VI, Sec. 6 - Devolution and Subsidiarity - The Central Government and
the Bangsamoro Government accept the concept of devolution as inspired by
the principles of subsidiarity. Decisions are to be made at the appropriate level
to ensure public accountability and transparency, and in consideration of good
governance and the general welfare.
Art. X, Sec. 16: The President shall exercise general supervision over
autonomous regions to ensure that laws are faithfully executed.
Power of the President:
Section 3. General Supervision. Consistent with the principle of autonomy
and the asymmetric relation of the Central Government and the Bangsamoro
Government, the President shall exercise general supervision over the
15
SUMMARY OF BBL ISSUES AND ARGUMENTS
Bangsamoro Government to ensure that laws are faithfully executed.
Opposition
Defense
The asymmetric relationship may make a mockery of
laws and override the ability of the President to
enforce laws because of the need to consider local
customs.
Asymmetry just means the relationship between B
and NG is not parallel to that of other local
governments and the NG
Just because the BBL is called asymmetric, we still
have to determine whether it is still subject to the
Constitution.
An asymmetric relationship violates the formula of
defining the basic structure of executive and
legislative
– (Mendoza)
The Autonomous Region as a subdivision cannot have
an asymmetric relationship.
(Mendoza, Philconsa)
Other References/Comments
“General supervision” by the President is all that is
re3quired by the Constitution
(Agabin & Tan)
“General Supervision” of the President is different
from the President’s “control” in the Administrative
Code (referring to executive departments, bureaus
and offices) there should be some adjustments (??)
Just define asymmetry to mean that it is more than
local gov’t but less than NG.
(Fr. Aquino)
“ principles of Subsidiarity and parity of esteem” is
an oxymoron.
- How is this different from “associative”?
(Philconsa)
Issue: Powers of Parliament.
BBL Provision
Constitution
Section 24. General Welfare. – The Bangsamoro Parliament shall pass laws
that promote the general welfare of the people in the Bangsamoro.
Art. X, Sec. 20
Within its territorial jurisdiction and subject to the provisions of this
Constitution and national laws, the organic act of autonomous regions shall
16
SUMMARY OF BBL ISSUES AND ARGUMENTS
Section 1. Powers of Government. – The powers of government shall be
vested in the Bangsamoro Parliament, which shall exercise those powers and
functions expressly granted to it in this Basic Law, and those necessary for or
incidental to the proper governance and development of the Bangsamoro. It
shall set policies, legislate on matters within its authority, and elect a Chief
Minister, who shall exercise executive authority in its behalf.
Opposition
provide for
(par. 9) ….Such other matters as may be authorized by law for the
promotion of the general welfare of the people of the region.
Defense
There may be an overlap and it would be difficult to
know when national laws would apply as regards
“general welfare”
It makes the Bangsamoro Parliament
standing to the National Government
in
equal
Other References/Comments
nature of General Wwelfare Clause in the
LGC
(Fr. Aquino) earlier made a distinction
between
administrative
and
political
autonomy citing Cordillera Broad Coalition)
-
The laws of Parliament have a national character –
unlike LGUs, that are only binding within their own
respective units.
- Because they are the same nature and character
as the NG
- The matters that the BP can enact – within
exclusive or concurrent powers , i.e., human
rights, natural resources, etc. – affect the nation
as a whole
Magallona –
There can be no delegation of legislative authority to
another legislative body.
All legislation primarily
vests in Congress – it is still the principal of LGUs.
(Citing Lina v. Pano)
(Fr. Aquino)
NG is divesting itself of its power.
–
Philconsa
17
SUMMARY OF BBL ISSUES AND ARGUMENTS
Issue: Creation of Boundaries.
BBL Provision
Constitution
Art. V, Sec. 3, Par 57 –
The Bangsamoro Parliament may create, divide, merge, abolish or
substantially alter boundaries of provinces, cities, municipalities or
barangays in accordance with a law enacted by the Bangsamoro Parliament,
and subject to the approval by a majority of the votes cast in a plebiscite in
the political units directly affected. Subject to the criteria provided in said
law, the Bangsamoro Parliament may likewise create appropriate local
government units in the areas inhabited predominantly by indigenous
peoples; However, when such acts require the creation of a congressional district, the
Bangsamoro Government shall cooperate and coordinate with Central
Government through the Philippine Congress – Bangsamoro Parliament
Forum to prioritize the deliberations on the creation of the congressional
district; and Section 10. No province, city, municipality, or barangay may be created,
divided, merged, abolished, or its boundary substantially altered, except in
accordance with the criteria established in the local government code and
subject to approval by a majority of the votes cast in a plebiscite in the
political units directly affected.
Section 11. The Congress may, by law, create special metropolitan political
subdivisions, subject to a plebiscite as set forth in Section 10 hereof. The
component cities and municipalities shall retain their basic autonomy and
shall be entitled to their own local executive and legislative assemblies. The
jurisdiction of the metropolitan authority that will thereby be created shall be
limited to basic services requiring coordination.
Art. VI, Sec. 5, par. 4: Within three years following the return of every
census, the Congress shall make a reapportionment of legislative districts
based on the standards provided in this section.
Opposition
Defense
Only Congress is allowed to create and change
boundaries.
Legislature can delegate this. What remains with
Congress is the apportionment of of legislative
districts.
The cooperation required makes BP equal with NG.
(Philconsa)
Other References/Comments
LGUs allow alterations of barangays
Agabin & Tan –
There should be ratification by the larger units
(La Vina)
18
SUMMARY OF BBL ISSUES AND ARGUMENTS
Issue: Exploration, development, and utilization of Natural Resources
BBL Provision
Constitution
Article XIII. ECONOMY AND PATRIMONY
ARTICLE XII. NATIONAL ECONOMY AND PATRIMONY
Section 8. Natural Resources, Nature Reserves and Protected Areas.–
The Bangsamoro Government shall have the authority, power, and right to
explore, develop and utilize the natural resources, including surface and subsurface rights, inland waters, coastal waters, and renewable and nonrenewable resources in the Bangsamoro.
Section 2. All lands of the public domain, waters, minerals, coal, petroleum,
and other mineral oils, all forces of potential energy, fisheries, forests or
timber, wildlife, flora and fauna, and other natural resources are owned by
the State. With the exception of agricultural lands, all other natural
resources shall not be alienated. The exploration, development, and
utilization of natural resources shall be under the full control and supervision
of the State. The State may directly undertake such activities, or it may
enter into co-production, joint venture, or production-sharing agreements
with Filipino citizens, or corporations or associations at least 60 per centum
of whose capital is owned by such citizens. Such agreements may be for a
period not exceeding twenty-five years, renewable for not more than
twenty-five years, and under such terms and conditions as may provided by
law. In cases of water rights for irrigation, water supply, fisheries, or
industrial uses other than the development of waterpower, beneficial use
may be the measure and limit of the grant.
The State shall protect the nations marine wealth in its archipelagic waters,
territorial sea, and exclusive economic zone, and reserve its use and
enjoyment exclusively to Filipino citizens.
The Congress may, by law, allow small-scale utilization of natural resources
by Filipino citizens, as well as cooperative fish farming, with priority to
subsistence fishermen and fish workers in rivers, lakes, bays, and lagoons.
The protection, conservation, rehabilitation, and development of forests,
coastal, and marine resources, including the adoption of programs and
projects to ensure the maintenance of ecological balance, shall be given
priority.
XXX
Section 10. Exploration, Development, and Utilization of Fossil Fuels
and Uranium. - The Bangsamoro Government and the Central Government
shall jointly exercise the power to grant rights, privileges and concessions over
the exploration, development and utilization of fossil fuels (petroleum, natural
gas, and coal) and uranium in the Bangsamoro.
XXX
Section 13. Mines and Mineral Resources. – The Bangsamoro Government
shall have authority and jurisdiction over the exploration, development, and
utilization of mines and minerals in its territory. Permits and licenses and the
granting of contracts for this purpose shall be within the powers of the
Bangsamoro Government.
Section 14. Financial and Technical Assistance Agreements. - The
applications for financial and technical assistance agreements (FTAAs)
covering mineral resources within the Bangsamoro shall be commenced at and
recommended by the Bangsamoro Government to the President.
The manner by which the Bangsamoro Government shall make the
recommendation shall be in accordance with the mining policy that shall be
adopted by the Bangsamoro Parliament.
The President may enter into agreements with foreign-owned corporations
involving either technical or financial assistance for large-scale exploration,
development, and utilization of minerals, petroleum, and other mineral oils
according to the general terms and conditions provided by law, based on real
contributions to the economic growth and general welfare of the country. In
such agreements, the State shall promote the development and use of local
scientific and technical resources.
The President shall notify the Congress of every contract entered into in
accordance with this provision, within thirty days from its execution.
Section 17. Bangsamoro Mining Policy. - Policies on mining and other
extractive industries shall be drawn up by the Bangsamoro Parliament in
19
SUMMARY OF BBL ISSUES AND ARGUMENTS
accordance with its Comprehensive Sustainable Development Plan, as well as
its over-all medium-term and long-term Bangsamoro Development Plan.
Article V . POWERS OF GOVERNMENT
Section 3. Exclusive Powers. - Exclusive powers are matters over which
authority and jurisdiction shall pertain to the Bangsamoro Government. The
Bangsamoro Government shall exercise these powers over the following
matters within the Bangsamoro: 29. Ancestral domain and natural resources;
Opposition
Defense
The BBL is contrary to the Constitution, which
provides that the exploration, development and
utilization of the natural resources shall be under the
“full control and supervision” of the NG … Further, in
violation of the constitutional provisios that the grant
of legislative powers to regional governments “shall
be subject to the provisions of national laws,” the Bill
gives the BG the power to amend the Philippine
Mining Act of 1995, among other national laws.
The BG cannot be given the power to determine the
mining policy in the regiona without allowing it the
power to amend the Constitution. Obviously this
cannot be done.
Other References/Comments
This neither violates the Regalian doctrine nor asserts
that the Philippine State no longer owns the natural
resources within the Bangsamoro Entity. As a
legitimate political subdivision of the Philippines, the
Bangsamoro Entity may be authorized to develop the
resources within its assigned territory. Further,
similar power has been granted by Congress to
indigenous peoples under the Indigenous Peoples
Rights Act.
-- Pacifico Agabin; Oscar Franklin Tan
– Justice Vicente V. Mendoza
Section 8 may be taken to be beyond the allowable
scope of the Constitution.
What may however be allowed members of the
Bangsamoro is the small scale utilization of natural
resources which may be granted to Filipino citizens.
Suggested revisions as follows:
Option 1:
Section 8. Natural Resources, Nature Reserves
and Protected Areas. – The Bangsamoro
Government shall have the legislative authority to
regulate the exploration, development and utilization
20
SUMMARY OF BBL ISSUES AND ARGUMENTS
of natural resources, including surface and subsurface rights, inland waters, coastal waters, and
renewable and non-renewable resources in the
Bangsamoro. This shall be without prejudice to the
exercise of full control and supervision by the Central
Government of such exploration, development and
utilization. x x x
Option 2:
Section 8. Natural Resources, Nature Reserves
and Protected Areas. – The control and
supervision over the exploration, development and
utilization of natural resources, including surface
and sub-surface rights, inland waters, coastal
waters,
and
renewable
and
non-renewable
resources in the Bangsamoro is hereby delegated to
the Bangsamoro Government in accordance with
the Constitution and national laws. This shall be
without prejudice to the exercise of full control and
supervision by the Central Government of such
exploration, development and utilization. x x x
-- Antonio G. M. La Vina and Janice Lee
Natural resources belong to the State, together with
the full control of the exploration, development and
utilization.
This is a designation of the people’s
ownership as their act of sovereignty, derived from
the premise that “all government authority emanates
from them.”
-- Merlin M. Magalona
21
SUMMARY OF BBL ISSUES AND ARGUMENTS
Issue: Fiscal autonomy
BBL Provision
Constitution
Article XII. FISCAL AUTONOMY
ARTICLE X.
LOCAL GOVERNMENT
Section 1. Fiscal Autonomy. – The Bangsamoro shall enjoy fiscal autonomy
with the end in view of attaining the highest form of economic self-sufficiency
and genuine development. It shall be entitled to all fund sources enumerated
herein, and shall have the power to create its sources of revenues as provided
in this law. It shall prepare its budget and shall allocate funds in accordance
with an annual appropriations law passed by the Bangsamoro Parliament. The
form, content, and manner of preparation of the budget shall be prescribed by
law enacted by the Bangsamoro Parliament.
Section 5. Each local government unit shall have the power to create its
own sources of revenues and to levy taxes, fees and charges subject to such
guidelines and limitations as the Congress may provide, consistent with the
basic policy of local autonomy. Such taxes, fees, and charges shall accrue
exclusively to the local governments.
Opposition
Block Grant may be questioned in light of rulings on
the PDAF case.
To remove form the ambit of unconstitutionality:
1. Set a formula where it is fixed but the actual
amount may vary every year. The toatal
amount
is
determinable
by
automatic
application of the formula.
2. The purpose of the Block grant is set forth in
the BBL
3. Block Grant will be subject to the audit of
COA.
Section 20. Within its territorial jurisdiction and subject to the provisions of
this Constitution and national laws, the organic act of autonomous regions
shall provide for legislative powers over:
1. Administrative organization;
2. Creation of sources of revenues;
XXX
Defense
Other References/Comments
This is acceptable as there are no restrictions in the
Constitution to empowering an autonomous region to
raise its own revenues and levy its own taxes. Such
power is in fact explicitly granted to local government
units in article X, section 5 of the Constitution.
Further, nothing in the Constitution restricts sharing
of tax revenue with an autonomous region or local
government unit, which is described in the rest of the
BBL’s Article XII.
-- Pacifico A. Agabin; Oscar Franklin B. Tan
-- Antonio G. M. La Vina and Janice Lee
Issue: Appointment of Executive and Judicial Positions
BBL Provision
Constitution
Article VI. INTERGOVERNMENTAL RELATIONS
3.
Section 9. Bangsamoro participation in Central Government. - It shall
be the policy of the Central Government to appoint competent and qualified
22
SUMMARY OF BBL ISSUES AND ARGUMENTS
inhabitants of the Bangsamoro in the following offices in the Central
Government: at least one (1) Cabinet Secretary; at least one (1) in each of
the other departments, offices and bureaus, holding executive, primarily
confidential, highly technical, policy-determining positions; and one (1)
Commissioner in each of the constitutional bodies.
The recommendations of the Bangsamoro Government shall be channeled
through the intergovernmental relations mechanisms.
Article X. BANGSAMORO JUSTICE SYSTEM
Justices from the Bangsamoro
Section 27. Justices from Bangsamoro. It shall be the policy of the Central
Government that at least one (1) justice in the Supreme Court and two (2)
justices in the Court of Appeals at any one time who shall be qualified
individuals of the Bangsamoro territory. For this purpose, the Chief Minister
may, after consultations with the Bangsamoro Parliament and the Shari’ah
Judicial and Bar Council, submit the names of qualified persons to the Judicial
and Bar Council for its consideration. The appointments of those
recommended by the Chief Minister to the judicial positions mentioned above
are without prejudice to appointments that may be extended to other qualified
inhabitants of the Bangsamoro to other positions in the Judiciary.
Opposition
Defense
Other References/Comments
Only refers to a policy of the government and is
permissive in language, however it may appear to
amend the Consti provisions on Const Commission
and the Supreme Court.
-- Antonio G. M. La Vina and Janice Lee
This is acceptable because it is nonbinding policy
(albeit morally binding) and not a strict legal
requirement. Note that it is not possible to add
requirements for appointment to an office whose
requirements are set out in the Constitution, such as
a Supreme Court Justice or Commissioner of a
constitutional body.
-- Pacifico A. Agabin; Oscar B. Tan
23
SUMMARY OF BBL ISSUES AND ARGUMENTS
Issue: Separation of Church and State - Creation of Wali.
BBL Provision
Constitution
Section 1. Titular Head of the Bangsamoro. - There shall be a Wali who
shall be the titular head of the Bangsamoro. As titular head, the Wali shall
take on only ceremonial functions.
Art. II, Sec. 6
The Wali, as part of the Bangsamoro Government, shall be under the general
supervision of the President.
Art. VI, Sec. 29
Section 6. The separation of Church and State shall be inviolable.
No public money or property shall be appropriated, applied, paid, or
employed, directly or indirectly, for the use, benefit, or support of any sect,
church, denomination, sectarian institution, or system of religion, or of any
priest, preacher, minister, other religious teacher, or dignitary as such,
except when such priest, preacher, minister, or dignitary is assigned to the
armed forces, or to any penal institution, or government orphanage or
leprosarium.
Opposition
Defense
Other References/Comments
Wali is a religious person.
(Philconsa)
24
SUMMARY OF BBL ISSUES AND ARGUMENTS
Justice System
Issue: Supremacy of the Shari’ah law in the Justice System in the Bangsamoro
BBL Provision
Constitution
Section 1. Justice System in the Bangsamoro. - The justice system in the
Bangsamoro shall consist of Shari’ah law which shall have supremacy and
application over Muslims only; the traditional or tribal justice system, for
the indigenous peoples in the Bangsamoro; the local courts; and alternative
dispute resolution systems.
For Muslims, the justice system in the Bangsamoro shall give primary
consideration to Shari’ah, and customary rights and traditions of the
indigenous peoples in the Bangsamoro.
Nothing herein shall be construed to operate to the prejudice of nonMuslims and non- indigenous peoples.
Section 23. Traditional/Tribal Justice Systems. – The Bangsamoro
Parliament shall enact laws to promote and support the traditional/tribal
justice systems that are appropriate for the indigenous peoples, as defined
by them. The traditional justice systems are the mechanisms to determine,
settle, and decide controversies and enforce decisions involving disputes
between members of the indigenous peoples concerned in accordance with
the tribal codes of these communities.
Opposition
While the recognition for IP rights appear to wellprovided for under the draft BBL, a matter of concern
may be raised as to whether these IPs have been duly
consulted with regard to the drafting and enactment of
the BBL. This concern was voiced by Justice Carpio in
his concurring opinion in the MOA-AD Case, which struck
down
the
previously
negotiated
MOA-AD
as
unconstitutional. According to Justice Carpio, the
incorporation of the Lumads, an indigenous people in
Mindanao, as Bangsamoros in the MOA-AD, and the
transfer of their ancestral domains to the then
Bangsamoro Judicial Entity, without the Lumads’
knowledge and consent, violate the Constitutional
ART. X
Section 15. There shall be created autonomous regions in Muslim Mindanao
and in the Cordilleras consisting of provinces, cities, municipalities, and
geographical areas sharing common and distinctive historical and cultural
heritage, economic and social structures, and other relevant characteristics
within the framework of this Constitution and the national sovereignty as well
as territorial integrity of the Republic of the Philippines.
ART. XIV
Section 17. The State shall recognize, respect, and protect the rights of
indigenous cultural communities to preserve and develop their cultures,
traditions, and institutions. It shall consider these rights in the formulation of
national plans and policies.
Defense
Other References/Comments
The
Constitution
itself
permits
and
implicitly
contemplates what the draft (Bangsamoro Basic) Law
would establish—a legal system in the Bangsamoro that
is plural and particular in content, informed by universal
norms of justice and human rights and all these are
subject to the supremacy of the Constitution (refers to
Art. X, Sec. 15 and 20, and Art. XIV, Sec. 17) – DOJ
Sec. De Lima
http://www.gmanetwork.com/news/story/388607/news
/nation/de-lima-insists-on-constitutionality-of-justicesystem-under-bangsamoro-basic-law
25
SUMMARY OF BBL ISSUES AND ARGUMENTS
guarantee that the “State recognizes and promotes the
rights of indigenous cultural communities within the
framework of national unity and development.– Dean
Antonio La Vina and Atty. Janice Lee
IPRA should remain effective, whether in present and
future jurisdiction.– Atty. Melanie Pimentel
Issue: Reserved Powers of the Central Government
BBL Provision
Constitution
Section 2. Shari’ah Justice System. – The Shari’ah Courts in the Bangsamoro
shall have jurisdiction over Shari’ah law enacted by the Bangsamoro
Parliament pertaining to persons and family relations, and other civil law
matters, commercial law, and criminal law.
There shall be cooperation and coordination with Central Government
regarding the Shari’ah justice system, through the different mechanisms as
herein provided.
ART. X
Section 16. The President shall exercise general supervision over
autonomous regions to ensure that laws are faithfully executed.
Section 17. All powers, functions, and responsibilities not granted by this
Constitution or by law to the autonomous regions shall be vested in the
National Government.
Opposition
Defense
Other References/Comments
The Agreement reserves to the central government
the exercise of so-called ‘reserved powers,’ which are
described as powers ‘retained by the central
government.’ Thus, the Agreement diminishes the
sovereignty of the Philippine government by listing
what are the powers that the central government can
retain.– Sen. Miriam Defensor Santiago
http://www.rappler.com/nation/54510-miriambangsamoro-deal-illegal
Exclusive powers, which are exercised within the
Bangsamoro territorial jurisdiction, may be clipped by
the reserved powers of the Central Government,
which are exercised in the whole country, including
the Bangsamoro. – Prof. Miriam Coronel Ferrer
The power of the President over autonomous
regions is the same as his power over local
governments – only one of “general
supevision,” that is, the power to ensure that
subordinate officers execute and act within
existing laws. The Commission deliberately
dropped the phrase “as may be provided by
law” in order to deny to Congress the
authority to expand the nature of the power
of the President over autonomous regions
beyond general supervision. In effect,
therefore, and in the spirit of greater
autonomy, the provision also curtails the
power of Congress over autonomous regions.
– Fr. Joaquin Bernas, “The 1987 Constitution
of the Republic of the Philippines: A
Commentary”
Under the CAB and the BBL, it is the Bangsamoro
Government that establishes limitations to the power
The President does not have the power of control but
retains the power of supervision over the
26
SUMMARY OF BBL ISSUES AND ARGUMENTS
of Congress. Beginning with the concept of reserved
powers, Congress may provide general or special
power or jurisdiction exercisable by the National
Government in relation with LGUs, including
autonomous regions. On account of the CAB and the
BBL, the Bangsamoro would be excluded from the
application of such national laws. Derogation of
national legislative power would necessarily be
implied or expressly provided if exercised within the
scope of concurrent powers and, in particular, within
the coverage of exclusive powers as exercised by the
Bangsamoro Parliament. – Prof. Merlin Magallona
Bangsamoro Entity, as required for an autonomous
region in the Constitution. - Atty. Pacifico Agabin and
Atty. Oscar Tan
Issue: Concurrent Legislative Powers of the Autonomous Regions with Congress
BBL Provision
Section 3. Laws on Shari’ah. – The Bangsamoro Parliament shall enact laws
pertaining to persons and family relations, and other civil law matters,
commercial law, criminal law, including the definition of crimes and
prescription of penalties thereof. These laws on Shari’ah shall only be
applicable to Muslims. Criminal laws enacted by the Bangsamoro Parliament
shall be effective within the territory of the Bangsamoro and shall be in
accordance with the universally accepted principles and standards of human
rights.
Constitution
ART. X
Section 18. The Congress shall enact an organic act for each autonomous
region with the assistance and participation of the regional consultative
commission composed of representatives appointed by the President from a
list of nominees from multisectoral bodies. The organic act shall define the
basic structure of government for the region consisting of the executive
department and legislative assembly, both of which shall be elective and
representative of the constituent political units. The organic acts shall
likewise provide for special courts with personal, family, and property law
jurisdiction consistent with the provisions of this Constitution and national
laws.
The creation of the autonomous region shall be effective when approved by
majority of the votes cast by the constituent units in a plebiscite called for
the purpose, provided that only provinces, cities, and geographic areas
voting favorably in such plebiscite shall be included in the autonomous
region.
Section 20. Within its territorial jurisdiction and subject to the provisions of
this Constitution and national laws, the organic act of autonomous regions
shall provide for legislative powers over:
(1) Administrative organization;
(2) Creation of sources of revenues;
(3) Ancestral domain and natural resources;
27
SUMMARY OF BBL ISSUES AND ARGUMENTS
Opposition
Under Section 20, Article XI of the Constitution, the
legislative powers of the autonomous region may only
extend to “personal, property, and family relations”,
among others. It does not encompass other civil law
matters, commercial law, and criminal law. Likewise,
Section 18 provides that the organic act for the
autonomous region, such as the BBL, shall provide
for special courts, but only with “personal, family,
and property law jurisdiction consistent with the
provisions of this Constitution and national laws”.
Again, such laws and court jurisdiction of the
autonomous region does not appear to extend to
other civil law matters, commercial law, and general
criminal law matters. Incidentally, any legislation by
the Bangsamoro Parliament in this regard may have
to be harmonized with the existing Code of Muslim
Personal Laws, or P.D. No. 1083. – Dean Antonio La
Vina and Atty. Janice Lee
The 1987 Constitution does not allow the organic act
to provide for special courts to have jurisdiction over
commercial and criminal cases. – Philippine
Constitution Association
(4) Personal, family, and property relations;
(5) Regional urban and rural planning development;
(6) Economic, social, and tourism development;
(7) Educational policies;
(8) Preservation and development of the cultural heritage; and
(9) Such other matters as may be authorized by law for the promotion of the
general welfare of the people of the region.
Defense
Other References/Comments
This is acceptable because the Bangsamoro Entity’s
Shari’ah courts remain subject to the original powers
of the SC under the Constitution. The Constitution
explicitly provides: “The organic acts [of autonomous
regions] shall likewise provide for special courts with
perosnal, family, and property law jurisdiction
consistent with the provisions of the Constitution,
and national laws.” – Atty. Pacifico Agabin and Atty.
Oscar Tan
cf with Sec. 8, Art. VI of the draft BBL: The
draft BBL provides that the Bangsamoro
Parliament shall have the authority to enact
laws on matters that are within the powers
and competencies of the BG, or those which
are provided under its concurrent and
exclusive powers. As noted above, the powers
granted to the BG exceed those granted to
other LGUs; further, in view of the objective
of granting the Bangsamoro greater selfdetermination and self-government, it is
possible that the laws passed by the
Bangsamoro parliament may overlap with, or
even conflict with, those of the CG. – Dean
Antonio La Vina and Atty. Janice Lee
In terms of the implementation of the Shari'ah Law in
the Bangsamoro, it will apply to Muslims only. The
Shari’ah courts would not cover non-Muslims as
regular courts would still exist in Bangsamoro.
- Atty. Mohammad Al-amin Julkipli
http://www.opapp.gov.ph/milf/news/public-urgedreject-misinformation-bbl#sthash.uwFD9Kkv.dpuf
Conflicts can also arise in the application of
local laws. This can be particularly crucial in
the case of personal and property laws for
those belonging to autonomous regions but
acting outside the autonomous territory and
also or those who do not belong to
autonomous regions but are acting within
autonomous territory. As conflicts arise and
are recognized, Congress will be compelled to
re-examne national laws and to make sure
that they reflect the Constitution’s adherance
to local autonomy and, in concrete instances,
the SC may have to be dragged in to resolve
the conflicts. Out of these conflicts and the
28
SUMMARY OF BBL ISSUES AND ARGUMENTS
efforts to resolve them will arise a body of
internal conflict of laws doctrines. But it is
important that the underlying spirit which
should guide the resolution of conflicts is the
Constitution’s desire for genuine local
autonomy. - Fr. Joaquin Bernas, “The 1987
Constitution
of
the
Republic
of
the
Philippines: A Commentary”
Issue: Exclusive Jusrisdiction of the Sharia’h Justice System in conflict with SC
BBL Provision
Section 5. Shari’ah Circuit Courts. – The Shari’ah Circuit Court in the
Bangsamoro shall exercise exclusive original jurisdiction over the following
matters:
xxx
Section 6. Shari’ah District Courts. – The Shari’ah District Court in the
Bangsamoro shall exercise exclusive original jurisdiction over the following
matters:
Xxx
Section 7. Bangsamoro Shari’ah High Court. – There is hereby created
a Bangsamoro Shari’ah High Court. The Bangsamoro Shari’ah High
Court shall exercise exclusive original jurisdiction, whether or not in aid
of its appellate jurisdiction, over:
a. All petitions for mandamus, prohibition, injunction, certiorari,
habeas corpus, and all other auxiliary writs and processes, in aid of
its appellate jurisdiction; and
b. All actions for annulment of judgments of Shari’ah District Courts.
xxx
The decisions of the Shari'ah High Court shall be final and executory.
Constitution
ART. VIII
Section 2. The Congress shall have the power to define, prescribe, and
apportion the jurisdiction of the various courts but may not deprive the
Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof.
No law shall be passed reorganizing the Judiciary when it undermines the
security of tenure of its Members.
Section 5. The Supreme Court shall have the following powers:
(1) Exercise original jurisdiction over cases affecting ambassadors, other
public ministers and consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto, and habeas corpus.
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the
law or the Rules of Court may provide, final judgments and orders of lower
courts in:
(a) All cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, presidential decree, proclamation,
order, instruction, ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost, assessment, or toll, or
any penalty imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion perpetua or
higher.
(e) All cases in which only an error or question of law is involved.
(3) Assign temporarily judges of lower courts to other stations as public
interest may require. Such temporary assignment shall not exceed six
months without the consent of the judge concerned.
(4) Order a change of venue or place of trial to avoid a miscarriage of
justice.
29
SUMMARY OF BBL ISSUES AND ARGUMENTS
Opposition
Article X provides for the establishment of Shari’ah
Circuit Courts, Shari’ah District Courts, and a Shari’ah
High Court. It will be necessary to consider as
amended the provisions of P.D. No. 1083, which also
provides for the establishment of Shari’ah courts.–
Dean Antonio La Vina and Atty. Janice Lee
(5) Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts, the
admission to the practice of law, the integrated bar, and legal assistance to
the underprivileged. Such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases, shall be uniform for all courts
of the same grade, and shall not diminish, increase, or modify substantive
rights. Rules of procedure of special courts and quasi-judicial bodies shall
remain effective unless disapproved by the Supreme Court.
(6) Appoint all officials and employees of the Judiciary in accordance with
the Civil Service Law.
Defense
Other References/Comments
The Supreme Court has the ultimate power of
reviewing all decisions by the Shari’ah courts in the
Bangsamoro as practiced now. There will be no
separate justice system in the Bangsamoro. In the
BBL, the special courts that are to be institutionalized
or strengthened therein shall all be part of the
singular Judiciary that remains to be under the
administration and control of the Supreme Court.
That is true for the Shari'ah Courts in the
Bangsamoro as well as the tribal/customary courts. Atty. Mohammad Al-amin Julkipli
http://www.opapp.gov.ph/milf/news/public-urgedreject-misinformation-bbl#sthash.uwFD9Kkv.dpuf
This last provision (of Sec. 7) may be seen as
being unconstitutional for limiting the
jurisdiction of the Supreme Court provided
under Section 5, Article VIII of the 1987
Constitution, which jurisdiction Congress may
not amend under Section 2, Article VIII. In
order to avert any confusion, the provision
may be amended so as to appear not to
preclude the elevation of any case to the
Supreme Court.
Proposed revision:
Section 7. Bangsamoro Shari’ah High
Court. – There is hereby created a
Bangsamoro Shari’ah High Court. The
Bangsamoro Shari’ah High Court shall
exercise
exclusive
original
jurisdiction,
whether or not in aid of its appellate
jurisdiction, over:
a. All
petitions
for
mandamus,
prohibition,
injunction,
certiorari,
habeas corpus, and all other auxiliary
writs and processes, in aid of its
appellate jurisdiction; and
b. All actions for annulment of judgments
of Shari’ah District Courts.
xxx
30
SUMMARY OF BBL ISSUES AND ARGUMENTS
The decisions of the Shari'ah High Court shall
be final and executory, without prejudice to
the power of judicial review of the
Supreme Court. (emphasis supplied)
- Dean Antonio La Vina
Shari’ah courts and the shari’a justice system are
under the “exclusive powers” of Bangsamoro. Now,
either shari’a courts – as at present – are part of the
integrated judiciary of the Republic of the Philippines
or they are not. If they are, then they are under the
administrative supervision of the SC. Sec. 6 of Art.
VIII cannot be clearer. “The Supreme Court shall
have administrative supervision over all courts and
the personnel thereof.” The exclusive power of
Bangsamoro over Shari’ah courts perforce takes them
out of the sphere of administrative supervision of the
SC. The Constitution does not allow two ‘exclusive’
authorities over the courts. In Office of Court
Administrator
vs
Judg
Macarine,
the
SC
characteriezed
its
administrative
authority
of
supervision over lower courts inherent. But if the
draft Basic Law confers on Bangsamoro exclusive
power over Shari’a coruts, what room can there be
for administrative and disciplinary authority exercised
by the Higher Court? – Dean Ranhiio Aquino
This contravenes Art. VIII, Secs. 2 and 5 of the 1987
Constitution as it deprives the SC of its minimum
appleate jurisdiction. Furthermore, providing that the
decisions of the Shari’ah High Court shall be final and
executory vests upon the Shari’ah Hight Court and
not the SC as provided in the 1987 Constitution. As a
consequence, the SC is deprived of its minimum
appellate jurisdiction over lower courts – which
includes the Shari’ah High Court for “there is only one
Supreme Court from whose decisions all other coruts
should take their bearings xxx The Supreme Court
[being] the final arbiter of any justiciable
controversy. - Philippine Constitution Association
The Supreme Court retains its ultimate power of
judicial review and administration of Shari’ah courts
and a Shari’ah bar in the Bangsamoro Entity. - Atty.
Pacifico Agabin and Atty. Oscar Tan
Judicial Authority is not granted the Bangsamoro
Government. It remains with the Supreme Court
which is vested by the Philippine Constitution with
judicial power (Article VIII, Section 1, Philippine
Constitution). The Bangsamoro Basic Law, however,
envisions the creation of lower courts under the
control and supervision of the Supreme Court.
Moreover, all government actions, whether by the
Executive or the Legislative, can be brought to the
Supreme Court for settlement of actual controversies
or when there is grave abuse of discretion. Thus, the
structure of the separation of authorities in the
Bangsamoro guarantees that a system of checks and
balances is in place. - Chair Mohagher Iqbal during
Feb. 2, 2015 Senate Hearing
31
SUMMARY OF BBL ISSUES AND ARGUMENTS
Issue: Recommendatory Authority to the National JBC
BBL Provision
Constitution
Section 10. Shari’ah Judicial and Bar Council. -The Shari’ah Judicial and Bar
Council shall recommend to the Judicial and Bar Council applicants for the
position of judges of Shari’ah District and Circuit Courts in the Bangsamoro
and the justices of the Shari’ah High Court. The Judicial and Bar Council shall
give utmost consideration to the Shar’iah Judicial and Bar Council nominees in
recommending appointees to the President. The President shall issue the
appointments within ninety (90) days from the submission by the Judicial and
Bar Council of the list.
ART. VIII
Section 8. (1) A Judicial and Bar Council is hereby created under the
supervision of the Supreme Court composed of the Chief Justice as ex
officio Chairman, the Secretary of Justice, and a representative of the
Congress as ex officio Members, a representative of the Integrated Bar, a
professor of law, a retired Member of the Supreme Court, and a
representative of the private sector.
(2) The regular members of the Council shall be appointed by the President
for a term of four years with the consent of the Commission on
Appointments. Of the Members first appointed, the representative of the
Integrated Bar shall serve for four years, the professor of law for three
years, the retired Justice for two years, and the representative of the private
sector for one year.
(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the
Council and shall keep a record of its proceedings.
(4) The regular Members of the Council shall receive such emoluments as
may be determined by the Supreme Court. The Supreme Court shall provide
in its annual budget the appropriations for the Council.
(5) The Council shall have the principal function of recommending
appointees to the Judiciary. It may exercise such other functions and duties
as the Supreme Court may assign to it.
Section 9. The Members of the Supreme Court and judges of the lower
courts shall be appointed by the President from a list of at least three
nominees prepared by the Judicial and Bar Council for every vacancy. Such
appointments need no confirmation.
Opposition
The creation of a Shari’ah JBC is repugnant to Art.
VIII, Sec. 8 of the 1987 Constitution which created
the JBC whose principal function is to recommend
appointees to the Judiciary. It takes away from the
JBC matters which are clearly within its constitutional
mandate. – Philippine Constitution Association
For the lower courts, the President shall issue the appointments within
ninety days from the submission of the list.
Defense
Other References/Comments
This is acceptable because reccomendatory authority
to the national Judicial and Bar Council does not
restrict its discretion. Note, further, there is no
religious test involved in the appointment of Shari’ah
bar, as non-Muslims with the requisite knowledge
would qualify. – Atty.Agabin and Atty. Oscar Tan
32
SUMMARY OF BBL ISSUES AND ARGUMENTS
Issue: Appointment and Discipline of Shari’ah Court Personnel
BBL Provision
Section 17. Appointment and Discipline of Shari’ah Court Personnel. The
Supreme Court shall appoint the Shari’ah court personnel, and shall have the
power of discipline over them. The Shari’ah Judicial and Bar Council shall
conduct investigations over erring personnel in Shari’ah courts in the
Bangsamoro, and submit the results of such investigation to the Supreme
Court for the latter’s action.
Opposition
Constitution
ART. VIII
Section 6. The Supreme Court shall have administrative supervision over all
courts and the personnel thereof.
Section 11. The members of the Supreme Court and Judgest of lower courts
shall hold office during good behavior until they reach the age of seventy
years or become incapacitated to discharge the duties of their office. The
Supreme Court en banc shall have the power to discipline judges of lower
courts, or order their dismissal by a vote of majority of the members who
actually took part in the deliberations on the issues in the case and voted
thereon.
Defense
Other References/Comments
While providing for the appointment and discipline of
Shari’ah court personnel, this provision fails to
address who has the power to discipline members or
order the dismissal of judges and justices of the
Shari’ah courts. Under Art. VIII, Sec. 11 of the 1987
Constituion, it is the SC en banc which has “the
power to discipline judgest of lower courts or order
their dismissal xxx”
- Philippine Constitution
Association
The power of the SC to discipline judges of
inferior courts or to order their dismissal is
exclusive. It may not be vested in any other
body. Nor may Congress pass a law that
judges of lower courts are removable only by
impeachment. – Fr. Joaquin Bernas, “The
1987 Constitution of the Republic of the
Philippines: A Commentary”
Issue: Appointment of 1 SC Justice and 2 CA Justices from the Bangsamoro Territory
BBL Provision
Section 27. Justices from Bangsamoro. It shall be the policy of the Central
Government that at least one (1) justice in the Supreme Court and two (2)
justices in the Court of Appeals at any one time who shall be qualified
individuals of the Bangsamoro territory. For this purpose, the Chief Minister
may, after consultations with the Bangsamoro Parliament and the Shari’ah
Judicial and Bar Council, submit the names of qualified persons to the Judicial
and Bar Council for its consideration. The appointments of those
Constitution
ART. VII
Section 16. The President shall nominate and, with the consent of the
Commission on Appointments, appoint the heads of the executive
departments, ambassadors, other public ministers and consuls, or officers of
the armed forces from the rank of colonel or naval captain, and other officers
whose appointments are vested in him in this Constitution. He shall also
appoint all other officers of the Government whose appointments are not
33
SUMMARY OF BBL ISSUES AND ARGUMENTS
recommended by the Chief Minister to the judicial positions mentioned above
are without prejudice to appointments that may be extended to other qualified
inhabitants of the Bangsamoro to other positions in the Judiciary.
Opposition
The provision undermines the presidential privilege of
appointment. - Prof. N. Bautista and Abu Hasiq
http://www.manilalivewire.com/2015/03/up-lawexpert-the-lies-of-the-bangsamoro-basic-law/
otherwise provided for by law, and those whom he may be authorized by law
to appoint. The Congress may, by law, vest the appointment of other officers
lower in rank in the President alone, in the courts, or in the heads of
departments, agencies, commissions, or boards.
The President shall have the power to make appointments during the recess
of the Congress, whether voluntary or compulsory, but such appointments
shall be effective only until disapproved by the Commission on Appointments
or until the next adjournment of the Congress.
ART. VIII
Section 4. (1) The Supreme Court shall be composed of a Chief Justice and
fourteen Associate Justices. It may sit en banc or in its discretion, in division
of three, five, or seven Members. Any vacancy shall be filled within ninety
days from the occurrence thereof.
Defense
Other References/Comments
The President and other bodies such as the Judicial
and Bar Council and Commission on Appointments
retain their discretion in appointments whose
requirements are specified in the Constitution, as BBL
provisions dealing with such appointments are
interpreted as policy recommendations. - Atty.
Pacifico Agabin and Atty. Oscar Tan
This is acceptable because it is nonbinding policy
(albeit morally binding) and not a strict legal
requirement. - Atty. Pacifico Agabin and Atty. Oscar
Tan
Note that it is not possible to add
requirements for appointment to an office
whose requirements are set out in the
Constitution, such as a Supreme Court Justice
or Commissioner of a constitutional body. Atty. Pacifico Agabin and Atty. Oscar Tan
34
SUMMARY OF BBL ISSUES AND ARGUMENTS
Constitutional Bodies
Issue: Powers of the Ombudsman
BBL Provision
Constitution
Article XI, Sec. 12: The Ombudsman and his deputies, as protectors of the
people, shall act promptly on complaints filed in any form or manner against
public officials or employees of the Government, or any subdivision, agency,
or instrumentality thereof, including government-owned or controlled
corporations, and shall in appropriate cases, notify the complainants of the
action and the result thereof.
Article V, Sec. 2(8): The Bangsamoro Government shall have primary
disciplinary authority over its own officials and employees.
Article XI, Sec. 13: The Office of the Ombudsman shall have the following
powers, functions, and duties:
(1) Investigate on its own, or on complaint by any person, any act or
omission of any public official, employee, office or agency, when such act or
omission appears to be illegal, unjust, improper, or inefficient.
Opposition
(3) Direct the officer concerned to take appropriate action against a public
official or employee at fault, and recommend his removal, suspension,
demotion, fine, censure, or prosecution, and ensure compliance therewith.
Defense
Other References/Comments
BBL diminishes the OMB’s constitutional power to The Ombudsman shall have the power to act on
investigate any act or omission of any public official, erring Bangsamoro officials. - Senen Bacani
employee, office or agency, as it divests of the
Ombudsman’s power to investigate elective and
appointive officials of the Bangsamoro government.
The BBL should not be allowed to rise above the
Constitution as the fundamental law of the land. –
Ombudsman
Issue: Appointment of Bangsamoro Commissioners
BBL Provision
Constitution
Article VI, Sec. 9: It shall be the policy of the Central Government to
appoint competent and qualified inhabitants of the Bangsamoro in the
following offices in the Central Government: …one (1) Commissioner in each of
the constitutional bodies.
Article IX (B), Section 1 (1): The civil service shall be administered by the
Civil Service Commission composed of a Chairman, and two Commissioners
who shall be natural-born citizens of the Philippines and, at the time of their
appointment, at least thirty-five years of age, with proven capacity for public
administration, and must not have been candidates for any elective position
in the elections immediately preceding their appointment.
35
SUMMARY OF BBL ISSUES AND ARGUMENTS
Article IX (B)/(C)/(D), Section 1 (2): The Chairman and the
Commissioners shall be appointed by the President with the consent of the
Commission on Appointments…
Article IX (C), Section 1(1): There shall be a Commission on Elections
composed of Chairman and six Commissioners who shall be natural-born
citizens of the Philippines and, at the time of their appointment, at least
thirty-five years of age, holders of a college degree, and must not have been
candidates for any elective position in the immediately preceding elections.
However, a majority thereof, including the Chairman, shall be members of
the Philippine Bar who have been engaged in the practice of law for at least
ten years.
Opposition
Article IX (D), Section 1(1): There shall be a Commission on Audit it
composed of a Chairman and two Commissioners, who shall be natural-born
citizens of the Philippines and, at the time of their appointment, at least
thirty-five years of age, certified public accountants with not less than ten
years of auditing experience, or members of the Philippine Bar who have
been engaged in the practice of law for at least ten years, and must not
have been candidates for any elective position in the elections immediately
preceding their appointment. At no time shall all Members of the
Commission belong to the same profession.
Defense
Other References/Comments
Under Sec. 9 of Article VI, it is required that one
Bangsamoro inhabitant be appointed to the position
of Commissioner in each of the Constitutional bodies.
This provision contravenes the constitutional right to
equal protection of the law. One slot is automatically
allotted to a Bangsamoro inhabitant, which situation
deprives other Filipino citizens of equal competence
from applying for such positions. – Ombudsman
36
SUMMARY OF BBL ISSUES AND ARGUMENTS
Issue: Creation of a Bangsamoro Human Rights Commission
BBL Provision
Article IX, Sec. 7: Bangsamoro Human Rights Commission – There is
hereby created a Bangsamoro Human Rights Commission, which shall be
independent and impartial, to ensure the promotion and protection of human
rights in the Bangsamoro. In the performance of its mandate, the Commission
may exercise among others, investigatory powers, prosecutorial powers, and
powers to compel attendance of witnesses and the production of evidence.
The Commission shall submit a report on its activities and performance at
least once a year to the Bangsamoro Parliament. Other state instrumentalities
in the Bangsamoro shall assist the Commission and ensure its independence,
impartiality, dignity, and effectiveness. The Commission shall have a
coordinative and complementary relationship with the national Commission on
Human Rights in carrying out its mandate.
Details pertaining to the establishment of the Commission, such as
membership of the Commission, terms of office, and competencies and
responsibilities, shall be provided by the Bangsamoro Parliament consistent
with the provisions of this Basic Law.
Constitution
Article XIII, Sec. 17:
(1) There is hereby created an independent office called the Commission on
Human Rights.
(2) The Commission shall be composed of a Chairman and four Members
who must be natural-born citizens of the Philippines and a majority of whom
shall be members of the Bar. The term of office and other qualifications and
disabilities of the Members of the Commission shall be provided by law.
Section 18. The Commission on Human Rights shall have the following
powers and functions:
(1) Investigate, on its own or on complaint by any party, all forms of human
rights violations involving civil and political rights;
(2) Adopt its operational guidelines and rules of procedure, and cite for
contempt for violations thereof in accordance with the Rules of Court;
(3) Provide appropriate legal measures for the protection of human rights of
all persons within the Philippines, as well as Filipinos residing abroad, and
provide for preventive measures and legal aid services to the underprivileged
whose human rights have been violated or need protection;
(4) Exercise visitorial powers over jails, prisons, or detention facilities;
(5) Establish a continuing program of research, education, and information
to enhance respect for the primacy of human rights;
(6) Recommend to the Congress effective measures to promote human
rights and to provide for compensation to victims of violations of human
rights, or their families;
(7) Monitor the Philippine Government's compliance with international treaty
obligations on human rights;
(8) Grant immunity from prosecution to any person whose testimony or
whose possession of documents or other evidence is necessary or convenient
to determine the truth in any investigation conducted by it or under its
37
SUMMARY OF BBL ISSUES AND ARGUMENTS
authority;
(9) Request the assistance of any department, bureau, office, or agency in
the performance of its functions;
(10) Appoint its officers and employees in accordance with law; and
(11) Perform such other duties and functions as may be provided by law.
Opposition
Article XIII, Section 19. The Congress may provide for other cases of
violations of human rights that should fall within the authority of the
Commission, taking into account its recommendations.
Defense
Other References/Comments
Under Sec. 7, Article IX, the Bangsamoro HRC is
given prosecutorial powers which the CH of the
Central Government does not possess. In this sense,
the Bangsamoro HRC is more powerful than the CHR.
The CHR is limited to the investigation of violations of
human rights as should be the BHRC which purports
to be a counterparty body. – Ombudsman
Constitution provides for the creation of but one CHR,
prescribes the qualifications of its members and sets
the powers and functions thereof.
The BHRC shall have a “coordinative and
complementary relationship with the national CHR.”
Does this indicate it will not be under the supervision
and control of the CHR and will exist and operate on
an equal plane with the CHR. The “coordinative and
complementary relationship” is an abstract, visionary,
and indefinite link or association. There are no
guidelines/yardstick to determine coordinative and
complementary relations.
The Bangsamoro HRC cannot prejudice the primarily
recommendatory functions of the NHRC and is
probably prudent given the special human rights
issues that may arise in the Bangsamoro Entity due
to its special demographics. (i.e. human rights
questions involving race and religion specific to the
Bangsamoro Entity’s unique demographics)
- Agabin and Tan
– Philippine Constitution Association
38
SUMMARY OF BBL ISSUES AND ARGUMENTS
Issue: Creation of Bangsamoro Commission on Audit
BBL Provision
Constitution
Article IX (D)
Article V, Sec. 2(7): The Bangsamoro auditing body shall have auditing
responsibility over public funds utilized by the Bangsamoro, without prejudice
to the power, authority, and duty of the national Commission on Audit. The
Bangsamoro Government shall ensure transparency mechanisms consistent
with open government practices.
Article XII, Sec. 2: Auditing- All public funds of the Bangsamoro are subject
to auditing. For this purpose, a Bangsamoro Commission on Audit (BCA) is
hereby created. It shall have the power, authority, and duty to examine,
audit, and settle all accounts pertaining to the revenue and receipts of, and
expeditures or uses of funds and property, owned or held in trust by, or
pertaining to the public funds utilized by the Bangsamoro. The utilization of
the revenue generated by the Bangsamoro Government and block grants or
subsidies from foreign or domestic donors shall be subject to the auditing
rules and regulations of the Bangsamoro Government and to auditing by the
BCA auditors.
Section 2.
(1) The Commission on Audit shall have the power, authority, and duty to
examine, audit, and settle all accounts pertaining to the revenue and
receipts of, and expenditures or uses of funds and property, owned or held
in trust by, or pertaining to, the Government, or any of its subdivisions,
agencies, or instrumentalities, including government-owned or controlled
corporations with original charters, and on a post- audit basis:
(a) constitutional bodies, commissions and offices that have been granted
fiscal autonomy under this Constitution;
(b) autonomous state colleges and universities;
(c) other government-owned or controlled corporations and their
subsidiaries; and
The BCA’s power, authority, and duty shall be without prejudice to the power,
authority, and duty of the Commission on Audit to examine, audit, and settle
all accounts, pertaining to the revenues and the use of funds and property
owned and held in trust by any government instrumentality, including GOCCs.
(d) such non-governmental entities receiving subsidy or equity, directly or
indirectly, from or through the Government, which are required by law or the
granting institution to submit to such audit as a condition of subsidy or
equity.
With due regard to the BCA’s responsibility to ensure the judicious use of
funds within the Bangsamoro, disbursement vouchers of the Bangsamoro
Government shall be submitted immediately to the BCA.
However, where the internal control system of the audited agencies is
inadequate, the Commission may adopt such measures, including temporary
or special pre-audit, as are necessary and appropriate to correct the
deficiencies. It shall keep the general accounts of the Government and, for
such period as may be provided by law, preserve the vouchers and other
supporting papers pertaining thereto.
(2) The Commission shall have exclusive authority, subject to the limitations
in this Article, to define the scope of its audit and examination, establish the
techniques and methods required therefor, and promulgate accounting and
auditing rules and regulations, including those for the prevention and
disallowance of irregular, unnecessary, excessive, extravagant, or
unconscionable expenditures, or uses of government funds and properties.
39
SUMMARY OF BBL ISSUES AND ARGUMENTS
Section 3. No law shall be passed exempting any entity of the Government
or its subsidiary in any guise whatever, or any investment of public funds,
from the jurisdiction of the Commission on Audit.
Opposition
The creation of and the power vested in the BCA may
raise constitutional and legal issues in regard to the
powers and functions of the COA. Section 2, Article
IX-D of the Constitution vests in COA the power,
authority, and duty examine audit and settle all
accounts of government or any of its political
subdivisions… Clearly, funds or property of the
Bangsamoro, being a political subdivision of the
Philippine Government are subject to audit by the
COA, and no other entity, as mandated by the 1987
Constitution - Commission on Audit / Philippine
Constitution Association
Section 4. The Commission shall submit to the President and the Congress,
within the time fixed by law, an annual report covering the financial
condition and operation of the Government, its subdivisions, agencies, and
instrumentalities, including government-owned or controlled corporations,
and non-governmental entities subject to its audit, and recommend
measures necessary to improve their effectiveness and efficiency. It shall
submit such other reports as may be required by law.
Defense
Other References/Comments
The COA retains its power to audit all government
bodies, including in the Bangsamoro Entity, as the
Bangsamoro Commission on Audit parallels (and
parallel audits are allowed in jurisprudence) but does
not replace the COA. – Agabin and Tan
To supplement the work of the Constitutional bodies
in the Bangsamoro is the proposed establishment of
auditing, civil service, election, and human rights
units in the Bangsamoro without prejudice of course
to the powers, authorities, and duties of these
Constitutional bodies. The only goal is to assist and
not to replace in any manner whatsoever the powers
and authorities of these bodies. ¬Government
Panel Member Senen Bacani
Regarding the concurrent powers, these are the
functions which the Constitution has placed upon a
specific agency, and thus, may not be removed from
the Central Government. However, these may be
exercised concurrently with an autonomous region
such as the Bangsamoro. For example, auditing and
the civil service may not be removed from the
Central Government as the Constitution provides that
it is the COA and the CSC, respectively, which has
jurisdiction over these matters. But it may be
exercised concurrently. – La Vina and Lee (+)
40
SUMMARY OF BBL ISSUES AND ARGUMENTS
The power to promulgate auditing rules and
regulations of the BCA is an exclusive power of the
Commission under Sec. 2(2), Article IX-D of the 1987
Constitution. - Commission on Audit
The provision of the constitution is clear that the COA
not only has the power and authority, but also the
duty to conduct audit.- Commission on Audit
The creation of the BCA and its conduct of audit, even
if without prejudice to the power/authority of the
COA,
may
result
in
different
or
opposing
positions/rules which could erode the credibility of
both audits. BBL does not infer that the COA may
modify, alter, or reverse audit decisions of the BCA. Commission on Audit
The submission of disbursement vouchers to the BCA
is not in consonance with Sec. 2(1), Article IX-D,
1987 Constitution, mandating this Commission to
keep the general accounts of the government and
preserve the vouchers and other supporting
documents pertaining thereto. - Commission on
Audit
41
SUMMARY OF BBL ISSUES AND ARGUMENTS
Issue: Creation of Bangsamoro Civil Service Commission
BBL Provision
Constitution
Article V, Section 2(8): The Bangsamoro Government shall develop and
administer a professional civil service corps, to include the powers and
privileges on civil service matters provided in RA 9054, and without prejudice
to the power, authority, and duty of the national Civil Service Commission.
There is hereby created a Bangsamoro Civil Service office that shall develop
and administer a professional civil service corps, without prejudice to the
power, authority, and duty of the national Civil Service Commission. The
Bangsamoro Government shall enact a civil service law for this purpose. This
law shall govern the conduct of civil servants, the qualification for non-elective
positions, adopt the merit and fitness system, and protect civil service eligible
in various government positions, including government owned- and/or
controlled corporations with original charters, in the Bangsamoro. The
Bangsamoro Government shall have primary authority over its own officials
and employees.
Article XVI, Section 4:
The Bangsamoro Transition Authority may also enact a Bangsamoro Civil
Service Code, as provided in this Basic Law. IN the absence of the latter,
national civil service laws and regulations are primarily applicable in the
Bangsamoro.
Opposition
The Bangsamoro Civil Service Office should be under
the control and supervision of the Philippine Civil
Service Commission. – Civil Service Commission
Of either the national Civil Service or the Bangsamoro
Article IX (B)
Section 2.
(1) The civil service embraces all branches, subdivisions, instrumentalities,
and agencies of the Government, including government owned or controlled
corporations with original charters.
(2) Appoints in the civil service shall be made only according to merit and
fitness to be determined, as far as practicable, and, except to positions
which are policy- determining, primarily confidential, or highly technical, by
competitive examination.
(3) No officer or employee of the civil service shall be removed or suspended
except for cause provided by law.
(4) No officer or employee in the civil service shall engage, directly or
indirectly, in any electioneering or partisan political campaign.
(5) The right to self-organization shall not be denied to government
employees.
(6) Temporary employees of the Government shall be given such protection
as may be provided by law.
Section 3. The Civil Service Commission, as the central personnel agency of
the Government, shall establish a career service and adopt measures to
promote morale, efficiency, integrity, responsiveness, progressiveness, and
courtesy in the civil service. It shall strengthen the merit and rewards
system, integrate all human resources development programs for all levels
and ranks, and institutionalize a management climate conducive to public
accountability. It shall submit to the President and the Congress an annual
report on its personnel programs.
Defense
Other References/Comments
To supplement the work of the Constitutional bodies
in the Bangsamoro is the proposed establishment of
auditing, civil service, election, and human rights
units in the Bangsamoro without prejudice of course
to the powers, authorities, and duties of these
The Bangsamoro Civil Service Law should be
in consonance with the provisions under the
Revised Administrative Code of 1987 as
operationalized through EO 292 as well as
other civil service law, rules, and regulations.
42
SUMMARY OF BBL ISSUES AND ARGUMENTS
Civil Service can it be correctly asked: What is it to
do in view of the presence of the other? Art. IX-B,
Sec. 1 of the Constitution clearly contemplates a
unitary CSC. The draft Organic Law bifurcates the
civil service. So, will the BCS for instance, have the
authority to eliminate the distinction now in force
between the closed career service and the open
career service? Suppose it issues a MC re-defining
temporary and permanent service, how will the
confused civil servants deal with these differences? –
Fr. Aquino (San Beda)
Constitutional bodies. The only goal is to assist and
not to replace in any manner whatsoever the powers
and authorities of these bodies. ¬Government
Panel Member Senen Bacani
Regarding the concurrent powers, these are the
functions which the Constitution has placed upon a
specific agency, and thus, may not be removed from
the Central Government. However, these may be
exercised concurrently with an autonomous region
such as the Bangsamoro. For example, auditing and
the civil service may not be removed from the
Central Government as the Constitution provides that
it is the COA and the CSC, respectively, which has
jurisdiction over these matters. But it may be
exercised concurrently. – La Vina and Lee (+)
In the disposition of personnel of the ARMM,
RA 6656 should be followed giving priority
preference to civil servants who have
permanent appointments in the placement
process, among others.
The authority of the BTA to create offices, and
organize during transition and the authority
of the BG to reorganize the bureaucracy upon
its constitution or any time thereafter should
be exercised pursuant to RA 6656 particularly
Sec.3 and 4 thereof.
-
Civil Service Commission
43
SUMMARY OF BBL ISSUES AND ARGUMENTS
Issue: Creation of Bangsamoro Electoral Office
BBL Provision
Constitution
Article VII
Section 9: The Bangsamoro Transition Authority shall enact the Bangsamoro
Electoral Code, which shall be correlated to national election laws, insofar as
these are consistent with this Basic Law. The Electoral system shall allow
democratic participation, ensure accountability of public officers primarily to
their constituents and encourage formation of genuinely principled political
parties.
Article IX (C)
Section 2.
The Commission on Elections shall exercise the following powers and
functions:
There is hereby created a Bangsamoro Electoral Office which shall be a part of
the Commission on Elections and which shall perform the functions of the
Commission on Elections in the Bangsamoro. The Bangsamoro Parliament shall
submit a list of three recommendees to the President who shall choose and
appoint from among them the Director General, who shall head the Office. In
addition to enforcing national election laws in the Bangsamoro, the
Bangsamoro Electoral Office shall likewise implement the Bangsamoro
Electoral Code enacted by Parliament in the Bangsamoro and shall perform the
following functions:
(5) Register, after sufficient publication, political parties, organizations, or
coalitions which, in addition to other requirements, must present their
platform or program of government
(1) Enforce and administer all laws and regulations relative to the conduct of
an election, plebiscite, initiative, referendum, and recall.
1) Register and accredit regional political parties;
2) In relation to plebiscite for joining the Bangsamoro, receive
petitions/resolutions to join from geographic areas;
3) Schedule plebiscites for expansion;
4) Prepare rules and regulations for Bangsamoro elections and plebiscites,
for the promulgation of the COMELEC. All rules and regulations
governing elections and plebiscites shall emanate from the Bangsamoro
Electoral Office.
Section 10. The budget for the Bangsamoro Electoral Office shall be included
in the appropriations for the Commission on Elections.
Opposition
Defense
The Bangsamoro Electoral Office shall be a part of
the COMELEC and thus cannot supplant the latter and
presumably under its control and supervision. The
Bangsamoro Electoral Code shall be subsidiary to
national election laws.- Agabin and Tan
Other References/Comments
COMELEC Position Paper only raised issues
relating to the conduct of the plebiscite but
none
on
power
sharing/creation
of
Bangsamoro Electoral Office.
To supplement the work of the Constitutional bodies
44
SUMMARY OF BBL ISSUES AND ARGUMENTS
in the Bangsamoro is the proposed establishment of
auditing, civil service, election, and human rights
units in the Bangsamoro without prejudice of course
to the powers, authorities, and duties of these
Constitutional bodies. The only goal is to assist and
not to replace in any manner whatsoever the powers
and authorities of these bodies. ¬Government
Panel Member Senen Bacani
45
SUMMARY OF BBL ISSUES AND ARGUMENTS
Plebiscite
Issue: conduct of National Plebiscite
BBL Provision
Article XV, Sec. 1. Establishment of the Bangsamoro. –
(1) The establishment of the Bangsamoro and the determination of the
Bangsamoro territory shall take effect upon ratification of this Basic Law by
majority of the votes cast in the following provinces, cities, and geographical
areas in a plebiscite conducted for the purpose:
a. The present geographical area of the Autonomous Region in Muslim
Mindanao (ARMM);
b. The Municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan and
Tangkal in the province of Lanao del Norte;
c. The following thirty nine (39) Barangays in the Municipalities of Kabacan,
Carmen, Aleosan, Pigkawayan, Pikit, and Midsayap in North Cotabato that
voted for inclusion in the ARMM during the 2001 plebiscite under Republic
Act No. 9054:
i. Dunguan, Lower Mingading, and Tapodoc in the municipality of
Aleosan (3);
ii. Manarapan and Nasapian in the municipality of Carmen (2);
iii. Nanga-an, Simbuhay and Sanggadong in the municipality of
Kabacan (3);
iv. Damatulan, Kadigasan, Kadingilan, Kapinpilan, Kudarangan, Central
Labas, Malingao, Mudseng, Nabalawag, Olandang, Sambulawan, and
Tugal in the municipality of Midsayap (12); 88
v. Lower Baguer, Balacayon, Buricain, DatuBinasing, Kadingilan,
Matilac, Patot, and Lower Pangangkalan in the municipality of
Pigkawayan (8);
vi. Bagoinged, Balatican, S. Balong, S. Balongis, Batulawan, Buliok,
Gokoton, Kabasalan, Lagunde, Macabial, Macasendeng, in the
municipality of Pigkawayan (11)
d. The Cities of Cotabato and Isabela; and
Those qualified for inclusion in the plebiscite, by way of resolution or petition.
Constitution
Article XVII, Sec. 1. Any amendment to, or revision of, this Constitution
may be proposed by:
1. The Congress, upon a vote of three-fourths of all its Members; or
2. A constitutional convention.
Article XVII, Sec. 2. Amendments to this Constitution may likewise be
directly proposed by the people through initiative upon a petition of at least
twelve per centum of the total number of registered voters, of which every
legislative district must be represented by at least three per centum of the
registered voters therein. No amendment under this section shall be
authorized within five years following the ratification of this Constitution nor
oftener than once every five years thereafter.
The Congress shall provide for the implementation of the exercise of this
right.
Article XVII, Sec. 3. The Congress may, by a vote of two-thirds of all its
Members, call a constitutional convention, or by a majority vote of all its
Members, submit to the electorate the question of calling such a convention.
Article XVII, Sec. 4. Any amendment to, or revision of, this Constitution
under Section 1 hereof shall be valid when ratified by a majority of the votes
cast in a plebiscite which shall be held not earlier than sixty days nor later
than ninety days after the approval of such amendment or revision.
Any amendment under Section 2 hereof shall be valid when ratified by a
majority of the votes cast in a plebiscite which shall be held not earlier than
sixty days nor later than ninety days after the certification by the
Commission on Elections of the sufficiency of the petition.
46
SUMMARY OF BBL ISSUES AND ARGUMENTS
Opposition
Defense
Other References/Comments
If Bangsamoro is to be created as the prize for peace
in Mindanao, it must be by the will of the Filipino
people as a whole, not solely the will of the
Bangsamoro people living in the Bangsamoro
territory. And it must be by constitutional amendment
and not by an act of Congress.
Senator Guingona was asking whether the proposed
BBL cannot be considered a proposal to amend the
Constitution and this Congress sitting as a constituent
assembly to propose amendment to the Constitution
and to consider the voice of the people expressed in
some referenda in the provinces as sufficient. The
constituent power, considering the importance of the
subject must be exercised strictly in accordance with
the procedure of Article XVII which means that
Congress should sit together as a constituent
assembly and make a proposal.
We have got to follow the form and the procedure in
Article XVII if we are to pass these features of the bill
as proposals for a constitutional amendment or
revision. I think it will be a revision to be technical.
And then submit it to the people in a plebiscite within
a period from 60 to 90 days and all that is required in
order to amend or revise the Constitution. Short of
that, Madam Chairman, the BBL cannot be passed by
Congress either as a proposal to amend the
Constitution. –Justice Vicente V. Mendoza (26
January 2015 Senate Hearing, Committee on
Local Government
Joint with the
Committees on
Peace, Unification and Reconciliation; and
Constitutional Amendments and Revision of Codes)
47
SUMMARY OF BBL ISSUES AND ARGUMENTS
Issue: requirements of the Plebiscite establishing Bangsamoro
BBL Provision
Constitution
Article XV, Sec. 1. Establishment of the Bangsamoro. –
Article X, Sec. 10. No province, city, municipality, or barangay may be
(1) The establishment of the Bangsamoro and the determination of the
created, divided, merged, abolished, or its boundary substantially altered,
Bangsamoro territory shall take effect upon ratification of this Basic Law by
except in accordance with the criteria established in the local government
majority of the votes cast in the following provinces, cities, and geographical
code and subject to approval by a majority of the votes cast in a plebiscite in
areas in a plebiscite conducted for the purpose:
the political units directly affected.
e. The present geographical area of the Autonomous Region in Muslim
Mindanao (ARMM);
Article X, Sec. 18. The Congress shall enact an organic act for each
f. The Municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan and
autonomous region with the assistance and participation of the regional
Tangkal in the province of Lanao del Norte;
consultative commission composed of representatives appointed by the
g. The following thirty nine (39) Barangays in the Municipalities of Kabacan,
President from a list of nominees from multi-sectoral bodies. The organic act
Carmen, Aleosan, Pigkawayan, Pikit, and Midsayap in North Cotabato that
shall define the basic structure of government for the region consisting of
voted for inclusion in the ARMM during the 2001 plebiscite under Republic
the executive department and legislative assembly, both of which shall be
Act No. 9054:
elective and representative of the constituent political units. The organic acts
i. Dunguan, Lower Mingading, and Tapodoc in the municipality of
shall likewise provide for special courts with personal, family, and property
Aleosan (3);
law jurisdiction consistent with the provisions of this Constitution and
ii. Manarapan and Nasapian in the municipality of Carmen (2);
national laws.
iii. Nanga-an, Simbuhay and Sanggadong in the municipality of
Kabacan (3);
The creation of the autonomous region shall be effective when approved by
iv. Damatulan, Kadigasan, Kadingilan, Kapinpilan, Kudarangan, Central
majority of the votes cast by the constituent units in a plebiscite called for
Labas, Malingao, Mudseng, Nabalawag, Olandang, Sambulawan, and the purpose, provided that only provinces, cities, and geographic areas
Tugal in the municipality of Midsayap (12); 88
voting favorably in such plebiscite shall be included in the autonomous
v. Lower Baguer, Balacayon, Buricain, DatuBinasing, Kadingilan,
region.
Matilac, Patot, and Lower Pangangkalan in the municipality of
Pigkawayan (8);
vi. Bagoinged, Balatican, S. Balong, S. Balongis, Batulawan, Buliok,
Gokoton, Kabasalan, Lagunde, Macabial, Macasendeng, in the
municipality of Pigkawayan (11)
h. The Cities of Cotabato and Isabela; and
i. Those qualified for inclusion in the plebiscite, by way of resolution or
petition.
Opposition
Defense
Other References/Comments
[t]he draft BBL appears to require stricter numbers
than those under the Constitution for an LGU to
become part of the Bangsamoro. (footnote to the
preceding sentence: Note, however, that in Datu Kida
v. Senate of the Philippines (G.R. No. 196271, 18
October 2011), the Supreme Court struck down the
In this bill, for the first time, we recognize the spirit
of the provision that gives primacy to the consent of
the governed in determining their political status. By
allowing municipalities and barangays, not just
provinces and cities – to participate in the plebiscite,
we intend to right the wrong committed against
RA 7160 (Local Government Code of
1991), Sec. 10. Plebiscite Requirement. - No
creation, division, merger, abolition, or
substantial alteration of boundaries of local
government units shall take effect unless
approved by a majority of the votes cast in a
48
SUMMARY OF BBL ISSUES AND ARGUMENTS
provision in R.A. No. 9054 which provides that
“any amendment to the organic act must be
approved by the majority of votes cast in a
plebiscite”. It found that the enlargement of the
plebiscite requirement required under Section 18,
Article X of the Constitution to be excessive to
point of absurdity and, hence, a violation of the
Constitution.)
–Dean Antonio La Viña and Janice Lee
thephrase “geographical areas” when it was all but
rendered a mere surplusage in past legislations. –
Secretary Teresita Quintos Deles
plebiscite called for the purpose in the
political unit or units directly affected. Said
plebiscite shall be conducted by the
Commission on Elections (COMELEC) within
one hundred twenty (120) days from the date
of effectivity of the law or ordinance effecting
such action, unless said law or ordinance fixes
another date.
Issue: Barangays and Municipalities included in the plebiscite establishing Bangsamoro
BBL Provision
Constitution
Section 1. Establishment of the Bangsamoro. – (1) The establishment of
the Bangsamoro and the determination of the Bangsamoro territory shall take
effect upon ratification of this Basic Law by majority of the votes cast in the
following provinces, cities, and geographical areas in a plebiscite conducted for
the purpose:
xx
Article X, Sec. 10. No province, city, municipality, or barangay may be
created, divided, merged, abolished, or its boundary substantially altered,
except in accordance with the criteria established in the local government
code and subject to approval by a majority of the votes cast in a plebiscite in
the political units directly affected.
b.
The Municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan and
Tangkal in the province of Lanao del Norte;
c. The following thirty nine (39) Barangays in the Municipalities of Kabacan,
Carmen, Aleosan, Pigkawayan, Pikit, and Midsayap in North Cotabato that
voted for inclusion in the ARMM during the 2001 plebiscite under Republic
Act No. 9054:
a. Dunguan, Lower Mingading, and Tapodoc in the municipality of
Aleosan (3);
b. Manarapan and Nasapian in the municipality of Carmen (2);
c. Nanga-an, Simbuhay and Sanggadong in the municipality of
Kabacan (3);
d. Damatulan, Kadigasan, Kadingilan, Kapinpilan, Kudarangan, Central
Labas, Malingao, Mudseng, Nabalawag, Olandang, Sambulawan, and
Tugal in the municipality of Midsayap (12); 88
e. Lower Baguer, Balacayon, Buricain, DatuBinasing, Kadingilan,
Matilac, Patot, and Lower Pangangkalan in the municipality of
Pigkawayan (8);
f. Bagoinged, Balatican, S. Balong, S. Balongis, Batulawan, Buliok,
Gokoton, Kabasalan, Lagunde, Macabial, Macasendeng, in the
Article X, Sec. 18. The Congress shall enact an organic act for each
autonomous region with the assistance and participation of the regional
consultative commission composed of representatives appointed by the
President from a list of nominees from multi-sectoral bodies. The organic act
shall define the basic structure of government for the region consisting of
the executive department and legislative assembly, both of which shall be
elective and representative of the constituent political units. The organic acts
shall likewise provide for special courts with personal, family, and property
law jurisdiction consistent with the provisions of this Constitution and
national laws.
The creation of the autonomous region shall be effective when approved by
majority of the votes cast by the constituent units in a plebiscite called for
the purpose, provided that only provinces, cities, and geographic areas
voting favorably in such plebiscite shall be included in the autonomous
region.
49
SUMMARY OF BBL ISSUES AND ARGUMENTS
municipality of Pigkawayan (11)
xxx
Opposition
[t]he scheme proposed under the draft BBL is unclear
as to whether the six (6) municipalities of Lanao
del Norte, and the thirty-nine (39) barangays in
North Cotabato, may independently vote to become
part of the Bangsamoro, even if the provinces or
cities to which they belong do not become part of
Bangsamoro.
– Dean Antonio La Viña and Janice Lee
[i]t is likewise unclear whether, in the event that the
municipalities and barangays are allowed to be part
of the Bangsamoro without their provinces or cities,
these provinces or cities should likewise be allowed to
vote in the same plebiscite which may divorce the
said municipalities and barangays from them.
xxx
Defense
In this bill, for the first time, we recognize the spirit
of the provision that gives primacy to the consent of
the governed in determining their political status. By
allowing municipalities and barangats, not just
provinces and cities – to participate in the
plebiscite,w e intend to right the wrong committed
against thephrase “geographical areas” when it was
all but rendered a mere surplusage in past
legislations. – Secretary Teresita Quintos Deles
Other References/Comments
RA 7160 (Local Government Code of
1991), Sec. 10. Plebiscite Requirement. - No
creation, division, merger, abolition, or
substantial alteration of boundaries of local
government units shall take effect unless
approved by a majority of the votes cast in a
plebiscite called for the purpose in the
political unit or units directly affected. Said
plebiscite shall be conducted by the
Commission on Elections (COMELEC) within
one hundred twenty (120) days from the date
of effectivity of the law or ordinance effecting
such action, unless said law or ordinance fixes
another date.
In view of the potential challenges to these
provisions, it is submitted that should the
draft BBL be enacted, Congress should
indicate strongly that these provisions is
separable
from the rest of the BBL, so as to preclude
any injunction on the continued
implementation of the rest of the law. – Dean
Antonio La Viña and Janice Lee
While the draft BBL provides that the barangays and
municipalities may vote in the plebiscite, it does not
provide that Lanao del Norte and North Cotabato, of
which they are part, must also vote.
In one recent case, (Umali v. Commission on
Elections, G.R. No. 203974, 22 April 2014) the
50
SUMMARY OF BBL ISSUES AND ARGUMENTS
Supreme Court ruled that the province to which
a local government unit belongs, and which the
latter seeks to leave, is a “directly affected” political
unit, must participate in the plebiscite.
Due to the significant impact in the political and
economic rights of the local government unit
involved, it was held that the political units “directly
affected” included the province to which the
component LGU belongs, which may, in this
context, include the barangays and municipalities
participating in the plebiscite. – Dean Antonio La
Viña and Janice Lee
Issue: Opt-in provision
BBL Provision
Constitution
Article III, Sec 2. Core Territory – The core territory of the Bangsamoro
shall be composed of:
Article X, Sec. 10. No province, city, municipality, or barangay may be
created, divided, merged, abolished, or its boundary substantially altered,
except in accordance with the criteria established in the local government
code and subject to approval by a majority of the votes cast in a plebiscite in
the political units directly affected.
xxxx
d) all other contiguous areas where there is resolution of the local government
unit or a petition of at least ten percent (10%) of the registered voters in the
area asking for their inclusion at least two months prior to the conduct of the
ratification of the Bangsamoro Basic Law and the process of delimitation of the
Bangsamoro.
Article III, Sec. 2. Core Territory – (d) all other contiguous areas where
there is resolution of the local government unit or a petition of at least ten
percent (10%) of the registered voters in the area asking for their inclusion at
least two months prior to the conduct of the ratification of the Bangsamoro
Basic Law and the process of delimitation of the Bangsamoro.
In order to ensure the widest acceptability of the Bangsamoro Basic Law in the
core areas above-mentioned, a popular ratification shall be conducted among
all the Bangsamoro within the areas for their adoption.
Article III, Sec 3. Contiguous Territory – The areas which are contiguous
51
SUMMARY OF BBL ISSUES AND ARGUMENTS
and outside the core territory may opt at anytime to be part of the territory
upon petition of at least ten percent (10%) of the registered voters and
approved by a majority of qualified votes cast in a plebiscite.
Article XV, Sec 3. Results of the Plebiscite. – (e) For all other contiguous
areas where there is a resolution of the local government unit or a petition of
at least ten percent (10%) of the registered voters in the geographic area
asking for their inclusion at least two months prior to the conduct of the
ratification of the Bangsamoro Basic Law (BBL). If the majority of the
registered voters in each of these local government units vote in favor of the
Bangsamoro Basic Law (BBL), the respective local government units shall be
included in the Bangsamoro.
Article XV, Sec 4. Plebiscite for Joining the Bangsamoro. – Any local
government unit or geographic area outside the territorial jurisdiction of the
Bangsamoro, but which are contiguous to any of the component units of the
Bangsamoro, upon a verified petition for the conduct of a plebiscite of at least
ten percent (10%) of the registered voters, submitted to the Bangsamoro
Electoral Office. Provided that, the inclusion of said local government unit or
geographic area in the Bangsamoro shall be effective when approved by a
majority of the registered voters within that local government unit in the
plebiscite called for the purpose. Provided further that the schedule of the
plebiscite shall be determined by the COMELEC through the Bangsamoro
Electoral Office.
Opposition
Defense
Other References/Comments
How do you actualize and conduct “popular
ratification’? Is popular ratification similar to
plebiscites?
Votes must be actually cast in a plebiscite and not
through popular ratification. – Philippine
Constitutional Association
This novel and unorthodox device or procedure to
further expand the Bangsamoro territory (referring to
Article III, Sec. 3 BBL) also violates Article X of the
Constitution and R.A. 7610 and its Rules and
Regulations. It is subject to ause and misuse and will
cause confusions in the implementation. This will be
a veritable seedbed for corruption and political
machinations. The mere expedient petition of at least
52
SUMMARY OF BBL ISSUES AND ARGUMENTS
10% of the registered voters and approved by the
majority of qualified voters cast in a plebiscite can
increase/expand the Bangsamoro territory with
undemocratic and unsound requirements and atypical
process. The use od exceptional and varied political
strategies and maneuvers is magnetic/attractive to
expand the Bangsamoro core territory. – Philippine
Constitutional Association
53
Peace Council
Suggested Amendments/Refinements, Bangsamoro Basic Law
PREAMBLE:
Original
Preamble:
Paragraph 4
With the blessings of the Almighty, do
hereby ordain and promulgate this
Bangsamoro Basic Law, through the
Congress of the Republic of the Philippines,
as the basic law of the Bangsamoro that
establishes the asymmetrical political
relationship with the Central Government
founded on principles of subsidiarity, and
parity of esteem.
Suggested Reformulation
Paragraph 4
With the blessings of the Almighty, do hereby
ordain and promulgate this Bangsamoro Basic
Law, through the Congress of the Republic of
the Philippines, as the basic law of the
Bangsamoro that establishes the asymmetrical
political relationship with the Central
Government founded on principles of
subsidiarity, SOLIDARITY, and parity of
esteem.
Other proposed reformulation:
"We, the Bangsamoro people and other
inhabitants of the Bangsamoro, imploring the
aid of the Almighty God, aspiring to establish
enduring peace AND JUSTICE AND A REGIME
OF SOCIAL JUSTICE AND FULL HUMAN
DEVELOPMENT WHERE THE POOR ARE THE
CENTRE OF DEVELOPMENT, AND
ASSERTING OUR RIGHT TO CONSERVE AND
DEVELOP OUR PATRIMONY FOR THE
COMMON GOOD.
Peace Council
Suggested Amendments/Refinements, Bangsamoro Basic Law
ARTICLE I: NAME AND PURPOSE
Original
Suggested Reformulation
Art. I, Sec. 2. Name - The name of the
political entity under this Basic Law shall be
the Bangsamoro”
Art. I, Section 2. Name. - The name of the
political entity under this Basic Law shall be the
Bangsamoro.
AS USED IN THIS LAW, THE
“BANGSAMORO” IS THE POLITICAL AND
JURIDICAL ENTITY CREATED BY THE
BANGSAMORO BASIC LAW WHICH IS AN
AUTONOMOUS REGION AS PROVIDED IN
SECTION 15, ARTICLE X OF THE 1987
CONSTITUTION, WITH THE POWERS AND
FUNCTIONS AS PROVIDED UNDER THIS
LAW AND OTHER RELATED LAWS. THE
BANGSAMORO FORMS AN INALIENABLE
PART OF THE PHILIPPINES.
(From the La Vina proposal.)
ARTICLE III: TERRITORY
Original
Section 3. Contiguous Territory – The
areas which are contiguous and outside the
core territory may opt at anytime to be part
of the territory upon petition of at least ten
percent (10%) of the registered voters and
approved by a majority of qualified votes
cast in a plebiscite.
Suggested Reformulation
DELETE PROVISION
Peace Council
Suggested Amendments/Refinements, Bangsamoro Basic Law
ARTICLE IV: GENERAL PRINCIPLES AND POLICIES
Original
Art. IV, Sec. 7. Social Justice. - The
Bangsamoro shall establish a government
that ensures that every citizen in the
Bangsamoro is provided the basic necessities
and equal opportunities in life. Social Justice
shall be promoted in all phases of
development and facets of life within the
Bangsamoro.
Suggested Reformulation
Proposed Wording 1:
Art. IV, Sec. 7. Social Justice. - The
Bangsamoro shall establish a government that
ensures that every CONSTITUENT in the
Bangsamoro is provided the basic necessities
and equal opportunities in life. Social Justice
shall be promoted in all phases of development
and facets of life within the Bangsamoro.
SOCIAL JUSTICE, AS PROVIDED IN THIS
LAW, SHALL FOLLOW THE DEFINITION
PROVIDED IN ARTICLE XIII OF THE 1987
CONSTITUTION.
Proposed Wording 2:
Art. IV, Sec. 7. Social Justice. - The
Bangsamoro shall establish a government THAT
GIVES HIGHEST PRIORITY TO THE
ENACTMENT OF MEASURES THAT PROTECT
AND ENHANCE THE RIGHT OF ALL PEOPLE
TO HUMAN DIGNITY, REDUCE SOCIAL,
ECONOMIC, AND POLITICAL
INEQUALITIES, AND REMOVE CULTURAL
INEQUITIES BY EQUITABLY DIFFUSING
WEALTH AND POLITICAL POWER FOR THE
COMMON GOOD FOR ITS CONSTITUENTS
Proposed Wording 3
Section 7. Social Justice. - The Bangsamoro
adheres to the provisions on Social Justice as
embodied in the provisions of the Constitution
primarily Article XIII and its flagship provision
Section 1 which states: THE CONGRESS
SHALL GIVE HIGHEST PRIORITY TO THE
ENACTMENT OF MEASURES THAT PROTECT
AND ENHANCE THE RIGHT OF ALL THE
PEOPLE TO HUMAN DIGNITY, REDUCE
SOCIAL, ECONOMIC, AND POLITICAL
INEQUALITIES, AND REMOVE CULTURAL
INEQUITIES BY EQUITABLY DIFFUSING
WEALTH AND POLITICAL POWER FOR THE
COMMON GOOD.
Peace Council
Suggested Amendments/Refinements, Bangsamoro Basic Law
ARTICLE IV: GENERAL PRINCIPLES AND POLICIES
Original
Art. IV, Sec. 3. Electoral System. - The
Bangsamoro Government shall adopt an
electoral system suitable to a ministerial
form of government, which shall allow
democratic participation, encourage
formation of genuinely principled political
parties, and ensure accountability.
Suggested Reformulation
Art. IV, Sec. 3. Electoral System. - The
Bangsamoro Government shall adopt an
electoral system suitable to a
PARLIAMENTARY form of government, which
shall allow democratic participation, encourage
formation of genuinely principled political
parties, and ensure accountability.
Peace Council
Suggested Amendments/Refinements, Bangsamoro Basic Law
ARTICLE V: POWERS OF GOVERNMENT
Original
Article V. Powers of Government
Section 3. Exclusive Powers. - Exclusive
powers are matters over which authority and
jurisdiction shall pertain to the Bangsamoro
Government. The Bangsamoro Government
shall exercise these powers over the
following matters within the Bangsamoro:
Xxx
Section 4. Other Exclusive Powers.
Xxx
Suggested Reformulation
ARTICLE V. SECTION 3. EXCLUSIVE
OR DEVOLVED POWERS. –
EXCLUSIVE POWERS ARE POWERS
DEVOLVED TO THE BANGSAMORO,
OVER WHICH AUTHORITY AND
JURISDICTION SHALL PRIMARILY
PERTAIN TO THE BANGSAMORO
GOVERNMENT, WITHOUT PREJUDICE
TO THE GENERAL SUPERVISION
POWERS OF THE PRESIDENT OVER
THE BANGSAMORO. THE
BANGSAMORO GOVERNMENT SHALL
EXERCISE THESE POWERS OVER THE
FOLLOWING MATTERS WITHIN THE
BANGSAMORO:
XXX
Article V, Sec. 2(8): The Bangsamoro
Government shall have primary disciplinary
authority over its own officials and
employees.
Article V, Sec. 2(8): The Bangsamoro
Government shall have primary disciplinary
authority over its own officials and employees
WITHOUT PREJUDICE TO THE POWERS OF
THE CIVIL SERVICE COMMISSION AND THE
OMBUDSMAN.
Peace Council
Suggested Amendments/Refinements, Bangsamoro Basic Law
ARTICLE VI: INTERGOVERNMENTAL RELATIONS
Original
Suggested Reformulation
Article VI, Section 6. Devolution and
Subsidiarity- The Central Government and
the Bangsamoro accept the concept of
devolution as inspired by the principles of
subsidiarity. Decisions are to be made at the
appropriate level to ensure public
accountability and transparency, and in
consideration of good governance and the
general welfare.
Article VI, Section 6. Principles of
Devolution and Subsidiarity, and of
Solidarity - The Central Government and the
Bangsamoro accept the concept of devolution
as inspired by the principles of subsidiarity AND
SOLIDARITY. Decisions are to be made at the
appropriate level to ensure public accountability
and transparency, and in consideration of good
governance and the general welfare.
Article VI . INTERGOVERNMENTAL
RELATIONS
Article VI . INTERGOVERNMENTAL
RELATIONS
Section 1. Assymetric Relationship.– The
relationship between the Central
Government and the Bangsamoro
Government shall be asymmetric. This is
reflective of the recognition of their
Bangsamoro identity, and their aspiration for
self-governance. This makes it distinct from
other regions and other local governments.
Section 1. Asymmetric Relationship.– The
relationship between the Central Government
and the Bangsamoro Government shall be
asymmetric. This is reflective of the recognition
of their Bangsamoro identity, and their
aspiration for self-governance. This makes it
distinct from other regions and other local
governments.
AS USED IN THIS LAW, “ASYMMETRIC
RELATIONSHIP” REFERS TO THE
RELATIONSHIP BETWEEN THE CENTRAL
GOVERNMENT AND THE BANGSAMORO
GOVERNMENT AS AN AUTONOMOUS
REGION, AS PROVIDED UNDER SECTION
15, ARTICLE X OF THE 1987
CONSTITUTION, WHERE THE
AUTONOMOUS REGIONS ARE GRANTED
MORE POWERS, AND WITH LESS
INTERVENTION FROM THE NATIONAL
GOVERNMENT THAN TERRITORIAL AND
POLITICAL SUBDIVISIONS.
Peace Council
Suggested Amendments/Refinements, Bangsamoro Basic Law
ARTICLE VII: THE BANGSAMORO GOVERNMENT
Original
Article VII, Section 34. Call for a New
Bangsamoro Parliament Election. –
Within seventy-two (72) hours upon a twothirds (2/3) vote of no-confidence of all
members of Parliament against the
government of the day, the Chief Minister
shall advise the Wali to dissolve the
Parliament and call for a new parliamentary
election. In no case shall the Wali
countermand the advice of the Chief
Minister.
The Wali shall call for election of a new
Bangsamoro Parliament on a date not later
than one hundred twenty (120) days from
the date of dissolution.
In case of dissolution, the incumbent Chief
Minister and the Cabinet shall continue to
conduct the affairs of the Bangsamoro
Government until a new Parliament is
convened and a Chief Minister is elected and
has qualified.
Suggested Reformulation
Article VII, Section 34. ELECTION OF A
NEW CHIEF MINISTER . –UPON A TWOTHIRDS (2/3) VOTE OF NO-CONFIDENCE
OF ALL MEMBERS OF PARLIAMENT
AGAINST THE GOVERNMENT OF THE DAY,
THE POSITION OF CHIEF MINISTER SHALL
BE CONSIDERED VACANT, AND THE
MEMBERS OF PARLIAMENT SHALL ELECT A
NEW CHIEF MINISTER BY A MAJORITY
VOTE OF ALL ITS MEMBERS, IN
ACCORDANCE WITH THE PROCEDURE IN
SECTION 29.
THE INCUMBENT MEMBERS OF THE
CABINET SHALL CONTINUE TO CONDUCT
THE AFFAIRS OF THE BANGSAMORO
GOVERNMENT UNTIL A NEW CHIEF
MINISTER IS ELECTED AND HAS
QUALIFIED, AND HAS APPOINTED
MEMBERS OF THE CABINET.
Peace Council
Suggested Amendments/Refinements, Bangsamoro Basic Law
ARTICLE X: JUSTICE
Original
Section 7. Bangsamoro Shari’ah High
Court. – There is hereby created a
Bangsamoro Shari’ah High Court. The
Bangsamoro Shari’ah High Court shall
exercise exclusive original
jurisdiction, whether or not in aid of
its appellate jurisdiction, over:
a. All
petitions
for
mandamus,
prohibition, injunction, certiorari,
habeas corpus, and all other
auxiliary writs and processes, in
aid of its appellate jurisdiction;
and
b. All actions for annulment of
judgments of Shari’ah District
Courts.
xxx
Suggested Reformulation
Section 7. Bangsamoro Shari’ah High
Court. – There is hereby created a Bangsamoro
Shari’ah High Court. The Bangsamoro Shari’ah
High Court shall exercise exclusive original
jurisdiction, whether or not in aid of its appellate
jurisdiction, over:
a. All petitions for mandamus, prohibition,
injunction, certiorari, habeas corpus, and all
other auxiliary writs and processes, in aid of
its appellate jurisdiction; and
b. All actions for annulment of judgments of
Shari’ah District Courts.
xxx
The decisions of the Shari'ah High Court shall be
final and executory, SUBJECT TO THE REVIEW
POWERS OF THE SUPREME COURT.
The decisions of the Shari'ah High
Court shall be final and executory.
Section 21. Bangsamoro Jurisconsult in
Islamic Law. – There is hereby created an
office of Jurisconsult of Islamic law in the
Bangsamoro. The Parliament shall define the
powers and functions of this office.
The Office of Jurisconsult shall be a collegial
body composed of the Jurisconsult and three
(3) Deputies who shall be appointed by the
Chief Minister upon recommendation of the
Parliament, taking into consideration the
various ethnic groups in the Bangsamoro.
The Jurisconsult and his deputies shall be
members of the Philippine Shari’ah Bar or
the Integrated Bar of the Philippines, Muslim
Bangsamoro, holders of Bachelor Degree in
Islamic Law and Jurisprudence, must not be
commonly known as one who violates
Islamic injunctions, with proven competence
and probity, mentally fit, and known for
integrity and high moral standards.
Section 21. Bangsamoro Jurisconsult in Islamic
Law. – There is hereby created an office of
Jurisconsult OR DARUL-IFTA of Islamic law in
the Bangsamoro. The Parliament shall define
the powers and functions of this office, AS
WELL AS THE REQUIRED QUALIFICATIONS
FOR THE POSITIONS OF THE
JURISCONSULT (MUFTI) AND ITS
DEPUTIES.
The Office of Jurisconsult shall be a collegial
body composed of the Jurisconsult and six (6)
Deputies who shall be appointed by the Chief
Minister upon recommendation of the
Parliament, taking into consideration the
various ethnic groups in the Bangsamoro.
THERE SHALL BE AT LEAST ONE (1)
WOMAN DEPUTY.
The Jurisconsult and his deputies shall be
members of the Philippine Shari’ah Bar or the
Integrated Bar of the Philippines, Muslim
Bangsamoro, holders of Bachelor Degree in
Islamic Law and Jurisprudence, must not be
commonly known as one who violates Islamic
injunctions, with proven competence and
probity, mentally fit, and known for integrity
and high moral standards.
Peace Council
Suggested Amendments/Refinements, Bangsamoro Basic Law
ARTICLE X: JUSTICE
Original
Section 22. Jurisconsult Under Existing Law.
- Notwithstanding the preceding section, the
Office of the Jurisconsult under PD 1083
shall be strengthened by providing for
salary, rank and privileges of a Justice of the
Court of Appeals.
Suggested Reformulation
Section 22. NATIONAL Jurisconsult Under
Existing Law. - Notwithstanding the preceding
section, the Office of the Jurisconsult under PD
1083 shall be strengthened by providing for
salary, rank and privileges of a Justice of the
Court of Appeals.
Peace Council
Suggested Amendments/Refinements, Bangsamoro Basic Law
ARTICLE XI: PUBLIC ORDER AND SAFETY
Original
Suggested Reformulation
Article XI, Sec 17. Coordination. – The
Central Government and the Bangsamoro
Government shall establish coordination
protocols, which shall govern the movement
of the Armed Forces of the Philippines (AFP)
in the Bangsamoro.
Article XI, Sec 17. Coordination. – The
Central Government and the Bangsamoro
Government shall establish coordination
protocols, which shall govern the movement of
the Armed Forces of the Philippines in the
Bangsamoro IN SUCH A WAY THAT THE
CAPABILITY OF THE AFP TO ACCOMPLISH
ITS DUTY AND MISSION IS NOT
IMPAIRED.
Article XI, Sec 2. Bangsamoro Police. –
There is hereby created a Bangsamoro Police
which shall be organized, maintained,
supervised and utilized for the primary
purpose of law enforcement and
maintenance of peace and order in the
Bangsamoro. It shall be part of the
Philippine National Police.
Article XI, Sec 2. Bangsamoro Police. –
There is hereby created a Bangsamoro Police
which shall be organized, maintained,
supervised and utilized for the primary purpose
of law enforcement and maintenance of peace
and order in the Bangsamoro. It shall be part
of the Philippine National Police, IN
ACCORDANCE WITH CHAPTER III OF THE
DILG ACT OF 1990, R.A. 6975 AS
AMENDED.
XXX
XXX
XXX
XXX
Peace Council
Suggested Amendments/Refinements, Bangsamoro Basic Law
ARTICLE XIII: ECONOMY AND PATRIMONY
Original
Suggested Reformulation
Section 8. Natural Resources, Nature
Reserves and Protected Areas.– The
Bangsamoro Government shall have the
authority, power, and right to explore,
develop and utilize the natural resources,
including surface and sub-surface rights,
inland waters, coastal waters, and renewable
and non-renewable resources in the
Bangsamoro.
Article XIII, Section 8:
Option 1: The Bangsamoro Government shall
have the authority, power, and right to explore,
develop and utilize the natural resources,
including surface and sub-surface rights, inland
waters, coastal waters, and renewable and nonrenewable resources in the Bangsamoro,
SUBJECT TO THE FULL CONTROL AND
SUPERVISION
OF
THE
NATIONAL
GOVERNMENT.
The protection, conservation, rehabilitation,
and development of forests, coastal, and
marine resources, including the adoption of
programs and projects to ensure the
maintenance of ecological balance, shall be
given priority.
XXX
Option 2: The Bangsamoro Government shall
have the authority TO REGULATE THE
EXPLORATION,
DEVELOPMENT
AND
UTILIZATION OF natural resources, including
surface and sub-surface rights, inland waters,
coastal waters, and renewable and nonrenewable resources in the Bangsamoro. THIS
SHALL BE WITHOUT PREJUDICE TO THE
EXERCISE
OF
FULL
CONTROL
AND
SUPERVISION
BY
THE
NATIONAL
GOVERNMENT OF SUCH EXPLORATION,
DEVELOPMENT AND UTILIZATION. x x x
Option 3: THE CONTROL AND SUPERVISION
OVER THE EXPLORATION, DEVELOPMENT
AND UTILIZATION of natural resources,
including surface and sub-surface rights, inland
waters, coastal waters, and renewable and nonrenewable resources in the Bangsamoro IS
HEREBY DELEGATED TO THE BANGSAMORO
GOVERNMENT IN ACCORDANCE WITH THE
CONSTITUTION AND NATIONAL LAWS.
THIS SHALL BE WITHOUT PREJUDICE TO
THE EXERCISE OF FULL CONTROL AND
SUPERVISION
BY
THE
CENTRAL
GOVERNMENT OF SUCH EXPLORATION,
DEVELOPMENT AND UTILIZATION. x x x
Section 13. Mines and Mineral
Resources. – The Bangsamoro Government
shall have authority and jurisdiction over the
exploration, development, and utilization of
mines and minerals in its territory. Permits
and licenses and the granting of contracts
for this purpose shall be within the powers of
the Bangsamoro Government.
Section 13. Mines and Mineral Resources. –
The Bangsamoro Government shall have
authority and jurisdiction over the exploration,
development, and utilization of mines and
minerals in its territory. Permits and licenses
and the granting of contracts for this purpose
shall be within the powers of the Bangsamoro
Government, SUBJECT TO THE FULL
CONTROL AND SUPERVISION OF THE
NATIONAL GOVERNMENT.
Peace Council
Suggested Amendments/Refinements, Bangsamoro Basic Law
ARTICLE XV: PLEBISCITE
Original
Proposed Reformulation
Article XV, Sec 3. Results of the
Plebiscite. – (e) For all other contiguous
areas where there is a resolution of the local
government unit or a petition of at least ten
percent (10%) of the registered voters in the
geographic area asking for their inclusion at
least two months prior to the conduct of the
ratification of the Bangsamoro Basic Law
(BBL). If the majority of the registered
voters in each of these local government
units vote in favor of the Bangsamoro Basic
Law (BBL), the respective local government
units shall be included in the Bangsamoro.
RETAIN
Article XV, Sec 4. Plebiscite for Joining
the Bangsamoro. – Any local government
unit or geographic area outside the territorial
jurisdiction of the Bangsamoro, but which
are contiguous to any of the component
units of the Bangsamoro, upon a verified
petition for the conduct of a plebiscite of at
least ten percent (10%) of the registered
voters, submitted to the Bangsamoro
Electoral Office. Provided that, the inclusion
of said local government unit or geographic
area in the Bangsamoro shall be effective
when approved by a majority of the
registered voters within that local
government unit in the plebiscite called for
the purpose. Provided further that the
schedule of the plebiscite shall be
determined by the COMELEC through the
Bangsamoro Electoral Office.
DELETE
Matrix of BBL Provisions
Social Justice and Human Development
A. Provisions on Basic Human Rights and Social Justice
PROVISIONS ON BASIC HUMAN RIGHTS AND
SOCIAL JUSTICE
Article IX: Basic Rights
Section 1: Basic Rights in the Bangsamoro- In
addition to the basic rights already enjoyed
by the citizens residing in the Bangsamoro,
the Bangsamoro Government shall
guarantee the following enforceable rights:
a. Right to life and to inviolability of
ones’s person and dignity
b. Right to freedom of expression of
religion and beliefs
c. Right to privacy
d. Right to freedom of Speech
e. Right to express political opinion and
pursue democratically political
aspirations
f. Right to seek constitutional change
by peaceful and legitimate means
g. Rifght of women to meaningful
ANNOTATIONS AND RECOMMENDATIONS
AFFIRMATION
COMMENTS/ QUESTIONS
RECOMMENDATIONS
political participation and protection
from all forms of violence
h. Right o freely choose one’s place of
residence and the inviolability of the
home
i. Right to equal opportunity and nondiscrimination in social and economic
activity and the public service
regardless of class, creed, disability,
gender and ethnicity
j. Right to establish cultural and
religious associations
k. Right to freedom from religious
ethnic and sectarian harassment
l. Right to redress of grievances and
due process of law and
m. Right to free public education in the
elementary and high school levels.
The Bangsamoro parliament may pass a law
for the promotion and protection of the
abovementioned rights.
Art III Section 7: Collective Democratic Rights
of the Bangsamoro People.- The collective
rights of the constituents of the Bangsamoro
shall be recognized.
Q: What are these collective democratic
rights ? (should they not be specifically
enumerated?
Article IV, Sec 6: Promotion of Right- The
Bangsamoro shall adhere to the principle of
enjoining what is right and forbidding what is
wrong?
Q: Who determines right or wrong? What is
right and what is wrong?
Article IV, Section 7: Social Justice- The
1987 Consti: Article XIII: Social Justice and
Bangsamoro shall establish a government
that ensures that every citizen of the
Bangsamoro is provided the basic necessities
and equal opportunity in life. Social Justice
shall be promoted in all phases of
development and facets of the life within the
Bangsamoro.
Human Rights Sec. 1: The Congress shall give
highest priority to the enactment of
measures that protect and enhance the right
of all the people to human dignity, redeuce
social, economic and political inequalities,
and remove cultural inequities by equitably
diffuising wealth and political pow3er for the
common good.
To this end, the State shall regulate the
acquisition, owenership, use, and disposition
of property and its increments.
Artticle IV, Section 5: The Bangsamoro
Government shall promote unity, peace,
justice, and goodwill among all peoples as
well as encourage a just and peaceful
settlement of disputes.
Article IV: Section 6: The Bangsamoro abides
by the principle that the country renounces
war as an instrument of national policy,
adopts the generally accepted principles of
international law as part of the law of the
land and adheres to the policy of peace,
equity, justice, freedom, cooperation and
amity with all nations.
Art. V., Section 2 No. 5 Human Rights and
Humanitarian protection and promotion- The
Sec. 2 The promotion of social justice shall
include the commitment to create economic
opportunities based on freedom of initiative
and self reliance.
Consti Art. II, Section 5: The maintenance of
peace and order, the protection of life,
liberty, and property, and the promotion of
the general welfare are eseential for the
enjoyment by all the people of the blessings
of democracy.
Follows the Constitution Article II, Section 2:
The Philippines renounces war as an
instrument of national policy, adopts the
generally accepted principles of international
law as part of the law of the
Q: What will be the role of the CHR in the
Bangsamoro?
Bangsamoro Government may organize its
own bodies for human rights and
humanitarian protection and promotion that
will work cooperatively with relevant
national institutions.
Q: How will redress be carried out if the
violations are from the Bangsamoro
Government or its instrumentalities?
Article IX, Section 2: Human Rights- All laws
and policies, including customary laws shall
conform to international human rights and
humanitarian standards. The right under the
International Covenant on Economic, Social
and Cultural Rights (ICESCR) and the
International Covenant on Civil and Political
Rights (ICCPR) and other international
human rights instrtuments shall be
guaranteed by the Central Government and
the Bangsamoro Government.
Article IX: Section 7- Bangsamoro Human
Rights Commission. There is hereby created a
Bangsamoro Human Rights Commission
which all be independent and impartial to
ensure the promotion and protection of
human rights in the Bangsamoro. In the
performance of its mandate the Commission
amy exercise among others, investigatory
powers, prosecutorial powers and powers to
compel attrendance of witnesses and the
production of evidence.
The BHRC was specifically given prosecutorial
powers in this section. What will be the
relationship of the BHRC with the National
Prosecution Service?
C; Clarify Relationship with the CHR
B. Provisions on Human Development
PROVISIONS ON HUMAN DEVELOPMENT
(Directly Affecting Human Abilities eg. Life,
knowledge, decent standard of living,
women, children and youth, Labor)
Art. IX: Social Justice, Section 8: Delivery of
Scoial Services- The Bangsamoro
Government shall promote, maintain and
ensure the delivery of among other things,
basic and responsive health programs,
quality education, appropriate services,
livelihood opportunities, affordable and
progressive housing projects and watrer
resource development to the Bangsamoro
peoples and other inhavbitants in the
Bangsamor. It shall maintain appropriate
disaster preparedness units for immediate
and effective relief services to victims of
natural and man-made calamities, it shall
also ensure the rehabilitation of calamity
areas and victims of calamities.
EDUCATION
Art. IX: Right to Education, Section 13:
Integrated System of Quality Education- The
Bangsamoro Government shall establish,
maintain and support, as a top priority, a
complete and integrated system of quality
educdartion and adopt an educational
framework that is relevant and responsive to
the needs, ideals and aspirations of the
Bangsamoro.
AFFIRMATION
ANNOTATIONS AND RECOMMENDATIONS
COMMENTS/ QUESTIONS
Q: How about IP Education?
RECOMMENDATIONS
Art. V Powers of Government., Sec. 3.
Exclusive Powers
No. 18. Education and Skills Training.
No. 19 Science and technology,
No. 20 Research Councils and scholarships;
No. 22. Sports and recreation,
No. 23. Regulation of games and amusement
operations within the Bangsamoro.
Art. V, Powers of Government, Section 4(j) to
supervise and regulate private schools in the
Bangsamoro and to allow for the
participation of three (3) representatives of
private schools in the deliberations of the
appropriate Bangsamoro Government
ministry or office on matters dealing with
private schools.
Art V. Section 4(l) to supervise, through the
appropriate ministry the accredited modaris
in the Bangsamoro.
Art. V, Section 4(j) to supervise and regulate
private schools in the Bangsamoro and to
allow for the participation of three (3)
representatives of private schools in the
deliberations of the appropriate Bangsamoro
Government ministry or office on matters
dealing with private schools.
Art. V. Section 4(k) To be represented in the
Board of the state universities and colleges
(SUCsO) in the Bangsamoro by the Chair of
the appropriate committee of the
Bangsamoro parliament, either as co-chair or
co-vice chair. The SUCs within the
Bangsamoro shall be considred part of the
Bangsamoro educational system. This
notwithstanding these SUCs shall enjoy
academic freedom and fiscal autonomy and
shall continue to be goverened by their
respective charters.
Art. V. Section 4 (m) to conduce periodic
competitive qualifying examination of
modaris teachers for permanent
appointments to the Bangsamoro
Educational System
SOCIAL SECURITY
Article V., Section 2 (1) Social Security and
pensions- The Bangsamoro Government may
organize its own social security and pension
system alongside the existing Central
Government Social Security and Pension
System.
The Bangsamoro Government and the
Central Government through the
intergovernmental relations mechanism and
other consultative processes shall among
others, ensure that the investment of the
contribution from members from the
Bangsamoro to the Central Government
social security and pension is responsive to
cultural and religious sensibilities.
The future relationship of the Central
Q: Will all people in the Bangsamoro enjoy
both the SSS of the Central Government and
the SSS of the Bangsamoro?
Q: Why include religious sensibilities as a
condition for investment of member
contributions?
Q: What happens to National Social Security
Laws? Why should a new SSS law for the
Bangsamoro be enacted?
Government system with the Bangsamoro
Government system with respect to new
government employees and other qualified
individuals in the Bangsamoro shall be
further provided for in law duly enacted for
the purpose
LABOR AND WORKERS RIGHTS
Art. IX: Section 9: Rights of Labor- The
Bangsamoro Government shall guarantee
fundamental rights of all workers to selforganization, collective bargaining and
negotiations and peaceful concerted
activities including the right to strike in
accordance with law to be passed by
Parliament. In this regard, the right of
workers whether publicly or privately
employed, to form unions, associations or
federations shall not be abridged.
The workers shall participate in policy and
decision making processes affecting the
rights and benefits as may be provided by
law to be enacted by the Bangsamoro
parliament.
The right of workers to security of tenure
humane conditions of work and a living wage
shall be guaranteed.
NO trafficking inperons and engagement of
minors in any hazardous or deleterious froms
of employment shall be tolerated.
Q. These sections are non-self executing
provisions but there is express mention that
the Bangsamoro Parliament shall pass laws
towards the promotion and recognition of
these rights. What becomes of the national
laws pertaining to these rights? Labor Code?
NLRC?
The rights shall be provided in a law to be
passed by the Bangsamoro Parliament.
Art. V. Section 4 (n) To adopt measures to
proect and promote the rights of peoples
organizations and other collective
organizations.
Art. V. Powers of Government
Section 3: Exclusive Powers,
No. 3-Contract Loans, credits and other
forms of indebtedness with any government
or private bank and other lending institutions
except those requiring sovereign guaranty,
which requires Central Government
Approval.
No.4. Trade industry investment enterprises
and regulation fo business taking into
consideration relevant laws.
No. 5. Labor, employment and occupation.
Art. V Section 3, No. 46: Identification,
generation and mobilization of international
human resources for capacity building and
tother activities involving the same within
the Bangsamoro. The Central Government
shall cooperate with and assist the
Bangsamoro Government towards ensuring
access to such relevant human resources
through the intergovernmental relations
mechanism
WOMEN AND CHILDRENS’ RIGHTS
Art. IX: Section 10: Protection of Women
and Children The Bangsamoro Government
shall uphold and protect the fundamental
right of women and children including the
right of women to engatge in lawful
employment. Women and children
expecially orphans of tender age, shall be
protected from exploitation, abuse or
discrimination.l The Bangsamoro Parliament
shall enact the necessary laws for the
implementation of this section.
Art IX: section 11: Participation of Women in
the Bangsamoro Government- Aside from
the reserved seat for women in the
Parliament, ther shall be at least one
qualified woman to be appointed to the
Bangsamoro Cbginet. The Bangsamoro
Parliament shall enact a law that gives
recognition to the impotant role of women in
nationa building and regional development
and ensures representation of women in
either decision making and policy
determining bodies of the Bangsamoro
government.
Article XIII: Section 5, Gender and
Development- The Bangsa morao
government recdognizes the role of women
in governance and shall ensure the
fundamental equality before the law of
women and men. It shall guarantee full and
direct participation of women in governance
Subject to a law that will be enacted
and in the development process and shall
further ensure tht women benefit equally in
the implementation of development
program and policies.
Art. IX: Section 12: Rights of Children- The
Bangsamoro Government shall respect,
protect and promote the rights of children.
Bangsamoro policies and programs must
take into utmost consideration the best
interest of the child, non discrimination of
children survival and development,
protection and rights of children youth and
adolescence.
The Bangsamoro Government and
constituent local government units shall
provide for adequate funding and effective
mechanism for implementation of this
policy.
Art. V. Section (4) (o) To adopt measures for
the protection of the youth in the
Bangsamoro and the promotion of their
welfare and to create the appropriate office
and other mechanisms for the
implementation of such measure.
ASSISTANCE TO OTHER BANGSAMORO
COMMUNITIES
Art. Vi, Section 10: Assistance to other
Bangsamoro Communities – the Central
Government shall ensure the protection of
the rights of its Bangsamoro People residing
outside the territory of the Bangsamoro and
undertake programs for the rehabilitation
and development of their communities. The
Bangsamoro Government may provide
assistance to their communities to enhance
their economic, social and cultural
development.
Art. VII, Section 24: The Bangsamoro
Parliament shall pass laws that will promote
the general welfare of the people in the
Bangsamoro
Art. VII, Section 25: No public money may be
spent without the appropriate act clearly
defining the purpose for which it is intended.
The Bangsamoro Parliament shal pass an
annual appropriations act.
PUBLIC HEALTH AND SAFETY
Art IX: Right to Health: Section 15
Comprehensive and Integrated Health
Service Delivery. The Bangsamoro shall
adopt a poloicy on health that provides for a
comprehensive and integrated health service
delivery for its communities. The
Bangsamoro shall by law, establish a general
hospital system to serve the health
requirements of the people to ensure that
the individual basic right to life shall be
attrainable through the prompt intervention
of excellent and affordable medical services.
The Bangsamoro shall also uphold the
peoples’; right to have acces to essential
goods, health and other social services that
would prmote their well being
Art. IX: Section 16, Support for Persons with
Disabilities- The bangsamoro parliament
shall establish a special agency and support
facilties for persons with disabilities and
other disadvantaged persons for their
rehabilitation and livelihood or skills training
to encourage their productive integration
into mainstream society
Art. IX: Arts and Sports, Section 17: Physical
Education and Sports Development- The
Bangsamoro educational system shall
develop and maintain an integreated and
compreshenvie physical education program.
It shall develop healthy, disciplined
innovative and productive individuals and
promote good sportsmanship cooperation
and teamwork.
Art. IX: Sports Program- The bangsamoro
education syhsrem shall encourage and
support sporets programs league
competition, indigenous games martial arts
and amateur sports incloduing training for
regional, national and international
competition.
C. Provisions on Creating Conditions for Human Development
PROVISIONS ON CREATING CONDITIONS FOR
HUMAN DEVELOPMENT
(Participation in Political and Community
Life, Environment Sustainability, Gender
Equality, Social Services)
PARTICIPATION IN POLITICAL AND
COMMUNITY LIFE
Art. V, Section 3, No. 55: Establishment of
appropriate mechanisms for consultation for
women and marginalized sectors.
Art. V, Sec.4 (f) (1) To enact legislation on
the rights of the people the Bangsamoro to
initiate measures for the passage,
amendment or repeal of regional or local
legislation to be consulted in matters that
affect their environment to call for a
referendum on important issues affecting
their lives and to recall regional or local
officials
Article V, Section 4 (f) (2) To conduct
inquiries or public consultations in aid of
legislations in accordance with its rules. In
connection therewith it shall have the power
to issued subpoena or subpoena duces
tecum to complel the attendance of
witnesses and the production of papers,
documents, or things by witnesses or
persons under investigation by the
AFFIRMATION
ANNOTATIONS AND RECOMMENDATIONS
COMMENTS/ QUESTIONS
RECOMMENDATIONS
Par5limane, itself or by any of its
committees. It shall also have the right to
cite witnesse or persons under investigation
to contempt for refusal to testify before it or
before any of its committees or to produce
papers documents or things required by the
Parliament or any of its committees. The
right of persona appearing in or affected by
such inquiry shall be respected.
Article XIII,Section 7, participation of the
Bangsamoro in the National Development
Planning-the preceeding section
notwithstanding, and in order to ensure that
the Bangsamoro Development plan are
reflected in National Development plans, the
Bangsamoro shall participate in national
development planning. The chief Minister
shall be a full-fledged member of the Board
of the National Economic and Development
Authority (NEDA)
SUSTAINABLE DEVELOPMENT
Art. XIII, Sustainable Development, Section 2:
Equitable and Sustainable Development- In
order tro provide and improve the quality of
life of the inhabitants of the Bangsamoro,
development in the Bangsamoro shall be
carefully planned, taking into consideratio0n
the natural resources that are available for
the use of futre generations.
The bangsamoro government shall promote
the effective use of economic resources and
endeavor to attain economic development
that shall facilitate growth and full
employement human development and
social juice.
The Bangsamoro Government shall promote
equitable opportunieis fo the development
of constituent local government units and
shlal strengthen governance system to
ensure peoples’ participation
Art. XIII, Sustainable Development, Section 3:
Comprehensive framework for Sustainable
Development- The Bangsamoro goveerment
shall develop a comprehensive framework
for sustainable development thrpogh the
proper conservation, utilization and
development of natural resources. Such
framework shallgude the Bangsamoro
Government in sdopting programs and
pocies and establishing mechanisms that
focus on the environment dimensions of
social and economic interventions. It shall
include measures for the reduction of
vulnerability of women and marginalized
groups to climate change and variability.
Art. XIII, Section 4: Bangsamoro Sustainable
Development Board Thew Bangsamoro
Parliament shall create a Bangsamoro
Sustainable Development Baord in the
intergovernmtal body composed of
representatives from the Bansamoro
Government and Central Government The
Baod shall ensure the harmonization of
environmental and development plans ws
well as formulate common environmental
objectives.
Funding support for the Board shall be
included in the annual budget of the
Bangsamoro Government. However, if there
are revenues collected from the exploration,
development and utilization of all natural
resources within the Bangsamoro a certain
percentage of such revenues shall be
allocared for the operation of the Board as
may be provided in a law to be passed by the
Bangsamoro parliament.
Art. XIII, Section 5: Bangsamoro
Development Plan- The Bansamoro
Government shall formulate its development
plan talking into consideration the
Bangsamoro peoples unique needs and
aspirations and consistent with national
development goals. The plan shall also
consider the revenue generation effots need
for the post-conflict rehabilitation,
reconstcfution and development of the
territory.
The Plan shall include the promotion of
growth and full employment, human
development and address social and
economic injustices that have resulted from
decdades of neglect, historical injustice,
povery and inequality.
For this purpose the Bangsamoro Parliament
shall create an economic planning office
Art XII, Section 21: Development Programs
and projects – Immediately after the
ratification of the basic low, and for another
five years thereafter the Central Government
shall provide for additional funds that would
subsidize expenditure for development
projedcts and infrastructrure in the
Bangsamore including provincial and
,municipal roads, in accordeance with a
development plan furnished by the
Bangsamoro Government. The Central
Governemt and the bangsamoro
Government shall agree on the amount
thourhg the Intergovernmental relations
body, as well s the ammner of realse of saide
amount to the Bangsamoro Government.
Art. XII, Section 21: Oversea Development
Assistance- In its efforts to achieve inclusive
growth and poverty reduction, through the
implementation of priority development
projects, the Bangsamoro Government may
avail directly of Overseas Development
Assistance. The Bansamoro Parliament may
enact legislation governing ODA.
Art. XII, Section 24: Grants and DonationsGrants and Donations from foreign and
domestic donors receivced by the
Bangsamoro Government for the
development and welfare of the people in
the BGangsamoro shall be used solely for the
purpose fow which they were received.
Donations and grants that are used
exclusively to finance projectrs for eduation,
health, youth and culture and economic
development may be deductred in full from
the taxable income of the donor or grantor.
REHABILITATION AND DEVELOPMENT
Article XIV: Rehabilitation and Development,
Section 1: Rehabilitation and DevelolpmentThe Bangsamoro Government with funding
support from the Central Government shall
intensify development efforts for the
rehabilitation, reconstruction and
development of the Bangsamoro as part of
the normalization process. It shall formulate
and implement a program for rehabilitation
and development that will address the needs
of MILF combatants/BIAF members and
decommissioned women auxiliary forces,
internally displaced persons and poverty
stricken communities.
Article XIV: Secftion 2 Special Development
Fund-The Central Government shall provide
for a Special Development Fund to the
Bangsamoro for rehabilitation and
development purposes upon the ratification
of the Bangsamoro Basic Law. The amount
equivalewnt to Seven Million Pesos shall be
allocated for the first year following the
ratification of this Basic Law. Beginning the
second year, the Special Development Fund
shall be in the amount of ten million pesos
which shall be paid out to the Bangsamoro
Govement over five years, or at the rate of
two billion pesos per year. Such amount
shall be regularly released at the beginning
of each fiscal year to the Bangsamoro
Government.
PUBLIC ORDER AND SAFETY
Art. V, Section 3, No. 14: Public Order and
Safety- The Bangsamoro Government shall
have primary responsibility over public order
and safety within the Bangsamoro. It shall
have powers over public order and safety
including those related to jail management,
fire protection, and trainings on publc safety.
The Central Government and the Bansa Moro
Government shall cooperate and coordinate
through the inter-govermental relations
mechanism.
Article V, Section 2, No. 13- Disaster risk
reduction and management- The
Bangsamoro Government shall have primary
responsibility over disaster risk reduction
and management within the Bangsamoro.
There shall be cooperation and coordination
among relevant Central Goveernment and
Bansamor Government agencies on disaster
rsik reduction and management. There is
hereby created a Bangsamor Disaster Risk
Reduction and Management Council
(BDRRMC), with powers and functions that
shall be defined by the Bangsamoro
Parliament in a law on disaster preparedness
and response. The BDRRMC shall formulate
the Bangsamoro Diaster Rsk Reduction and
Management Plan, which shall complement
the Nat6ional Disaster Risk Reduction
Management Framework and the plan of the
Central Government. Additionally the
BDRMMC, through its chair, the chief
Minister may recommend to the President
the mobilization of resources of national
defense in times of disasters in the
Bangsamoro.
Article V. Section 4(b) To proclaim a state of
calamity over its territorial jurisdiction or
parts thereof whenever typhoons, flash
floods, earthquakes, tsunamis, or other
natural calamities cause widespread damage
or destruction to life or property in the
region. The State of calamity proclaimed by
the Chief Minister shall only be for the
purpose of maximizing the efforts to rescue
imperiled persons and property and the
expeditious rehabilitation of the damaged
areas.
Art. V. Section 4 ( c) To temporarily take over
or direct operations of any privately owned
public utility or business affected withpublic
interest in times of state of calamity declared
by the chief minister, when the public
interest so requires and under such
reasonable terms and safeguardes as may be
prescribed by the Parliament. The public
utility or business oncerned may contest the
take-over of the operations by the
Bangsamoro Government by filing a proper
case or petition with the Court of Appeals.
Art. V, Sec. 3, No. 25- Regulations on
manufacture and distribution of foods,
drinks, drugs and tobacco for the welfare of
the Bangsamoro
Art V, Section 3 No. 42: health provided that
the Central government and the Bangsamoro
Government shall cooperate with and assist
each other in the prevention and control of
epidemic and other communicable diseases.
No. 43. Social Services, social welfare and
charities
No. 44: Waste Management
No. 45: Establishment and supervision of
humanitarian services and institutions
Art. V. Section 3, No. 49. Registration of
births, marriages and deaths, copies of which
shall be forwarded to the Philippines
Statistics Authority.
No. 50: Housing and Human Settlements
No. 51. Development Planning
No. 52: Urban and rural development.
No. 53: Water supplies and services, flood
control and irrigation systems in the
Bangsamoro, provided that with regard to
wter supplies and services, flood contraol
and irrigation systems that connect to or
from facilities outside the Bangsamoro, there
shall be cooperation and coordination
between the Bangsamoro Government and
the appropriate Central Government bodies.
No.54: Public workds and highwasys within
the Bangsamoro.
Art. V. Section 2 No. 2. Quarantine- There is
hereby created an office for quarantine
services in the Bangsamoro. It shall
cooperate and coordinate with its
counterpart offices in the Central
Government.
Art V., Section 2, No. 4 Polloution ControlThe Central Government and the
Bangsamoro Government agencies shall
cooperate and coordinate through the
intergovernmental relations mechanisms on
pollution control matters.
INFRASTRUCTURE AND PUBLIC UTILITIES
Art. V. Section 2, No. 12: Funding for the
maintenance of roads, bridges and irrigation
systems- The Central Government shall be
Q: What will be the role of DOH? What if
conflict between DOH and Bangsamoro
arises?
responsible for the funding, construction and
maintenance of national roads, bridges and
irrigation systems in the Bangsamoro and
shall include in its National Road Network
Information System all national roads and
bridges in the Bansamoro. There shall be
coordination through the intergovernmental
relations mechanism between the relevant
Central Government and Bangsamoro
Government agencies on the Central
Government in the matter of national roads,
bidges and irrigation systems within the
Bangsamoro.
Art. 5, Section 2, No. 12, par. 2: The
Bangsamoro Government shall submit
proposals to the appropriate national
government agency for the inclusion of the
cost of such maintenance in the latter’s
budget that sdhall be submitted to Congress
for inclusion in the General Appropriations
Act, Funding for national roads, bridges and
irrigation systems shall be regularly released
to the relevant department of the Central
Government.
Art. V., Sec. 3 No. 16: Public Utilities
operation in the Bangsamoro- In case of
inter-regional utilities there shall be
cooperation and coordination among the
relevant government agencies.
Art. V. Sec. 3, No. 15: Bangsamoro
Government shall have authority to regulate
power generation, transmission, and
distribution operating exclusively in the
Bangsamoro and not connected to the
national transmission grid. It shall promote
investments domestic and international, in
the power and/or industry in the
Bangsamoro. Powerplants and distribution
networks in the Bangsamoro shall be able to
interconnect and sell power over the
national transmission grid to electric
consumers. The Bangsamoro Government
may assist electric cooperaties in accessing
funds and technology, to ensure their
financial and operational viability. When
power generation, transmission and
distribution facilities are connected to the
national transmission grid, the Central
Government and the Bangsamoro
Government shall cooperate and coordinate
through the intergovernmtal relations
mechanism.
PROVISIONS PERTAINING TO
ADMINISTRATION OF JUSTICE
AFFIRMATION
ANNOTATIONS AND RECOMMENDATIONS
COMMENTS/ QUESTIONS
Art. V., Section 3, No. 11: Administration of
Justice- Administration of Justice shall be in
accordance with the relevant provisions of
the Basic Law with due regard to the powers
of the Supreme Court and the competence of
the Bangsamoro Government over Shariah
courts and the Shariah justice system to the
Bangsamoro. The supremacy of Shariah and
its application shall only be to muslims.
Q: How will this work out in case of conflict
of laws/ jurisdiction?
Art. V. Section 2. No. 6: Penology and
penitentiary- the Central Government and
the Bangsamoro Government Institutions
shall cooperate and coordinate trhough the
intergovernmental relations mechanism in
the matter of granting parole and
recommending to the President the grant of
executive clemency. The Bangsamoro
Government shall create an office that shall
administer the parole system and
receommend the grant of executive
clemency to the Office of the President.
Q: Aren’t these matters covered by the Penal
Code?
The Bangsamoro government may create
and manage jails penal colonies and other
facilities. It shall ensure the comparability of
these facilities with the national jail
management and penbitentiary system,
Q: who bear the costs?
Q: Which standards shall be observed, who
will supervise monitor, evaluate?
Q:What will be the role of DOJ and CHR?
RECOMMENDATIONS
through the intergovernmental relations
mechanism. These facilities are understood
to be part of the country’s administration of
justice.
Art X: Shariah Justice System, Section 2:
Shariah Justice System-
There is great concern here on the jurisdiction
and application of a seeming tri-justice
system.
Will the Shari’ah law and Tribal Justice System
apply also to criminal cases? This might be in
conflict with the constitutional provision that
allows only the application of customary law
on personal, property and other civil matters.
Art X: Section 3: Laws on Shariah
Art. X: Section 4: Sources of Shariah Law
Art. X: Section 5: Shariah Circuit Courts
Art. X: Section 6: Shariah District Courts
Art. X: Secdtion 7: Bangsamoro Shariah High
Court
Art X; Section 8: Additional Shariah Courts
Art X: Section 9: Qualification of
Shariah Judges
Art. X: Section 10: Shariah Judicial and Bar
Q: Legal Question with regard to criminal
law.
Council
Art X: Section 11: Consultant to the Juricial
and Bar Council
Art. X: Section 12: Composition of the
Shariah Judicial and Bar Council
Art X: Section 13: Functions of the Shariah
Judicial and Bar Council
Art. X: Section 14: Shariah Rules of Court
Art X: Section 15: Special Bar Examinations
for Shariah
Art. X/ Section 16:Compensation
Art X Section 17 Appoinbtement and
Discipline of the Shariah Court Personnel
Art X: Section 18: Shariah Public Assistance
office
Art X: Section 19: Shariah Special Prosecution
Service
Art X: Section 20: Shariah Academy
Art X: Section 21 Bangsamoro Jurisconsult in
Islamic Law
Art X: Section 22: Jurisconsult under sisting
Law
Art. X: Local Courts section 25: Local Courts
Art X: Section 26: Alternative Disputes
Resolution
Art X: Section 27: Justices from the
BangsamoroArt X: Section 28: Deputy Colurt
Administrator for the Bangsamoro
HUMAN SECURITY
Art XI: Public Order and Safety, Section 1:
Public Order and Safety
One justice in the SC and 2 in CA- Judicial and
Bar Council- chosen in accordance with
existing rules.
Art XI: Section 2: Bangsamoro Police
Art XI: Section 3: Powe3rs and Functions fo
the Bangsamoro Police
Art XI: Section 4: Bangsamoro Police
organization
Art XI: Section 5: Bangsamoro Police board
Art XI: Section 6: Composition of the Board
Art XI: Sec. 7: Term of Office
Art XI, Section 8: Powers of the Chief
Ministers over the Bangsamoro Police
Art. XI, Section 9: Manning Level
Art XI, Section 10: Appointment of Officers
and Members of the Bangsamoro Policie
Art XI, Section 11: Community Police.
Art XI, Sedction 12: Law Governing
Bangsamoro Police
Art XI, Section 13: Transitional Arrangements
Art. XI, Section 14: national Support Service
Art. XI, Section 15: Defense and Security
Art XI, Section 16, Calling upon the Armed
Forces
Art XI, Section 17: Coordination
Community Policing?
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
ANNOTATIONS AND RECOMMENDATIONS
AFFIRMATIONS
Preamble par.3: Affirming the distinct
historical identity and birthright of the
Bangsamoro People to their ancestral
homeland and their right to self
determination—beginning with the struggle
for freedom of their forefathers in
generations past and extending to the
present- to chart their political future
through a democratic process that will
secure their identity and posterity and allow
for genuine and meaningful self-governance
as stipulated under the Comprehensive
Agreement on the Bangsamore (CAB)
COMMENTS/ QUESTIONS
Q: Bangsamoro peoples definition the same
as definition of indigenous peoples?
Ancestral homeland the same as ancestral
domains?
Q: Is the right to self determination akin to
the international legal concept which
includes the right to secede?
Q: What is the importance of including the
phrase “beginning with the struggle for
freedom of their forefathers in generations
past and extending to the present”
Q: It is doubtful that the inclusion of the
Comprehensive Agreement on the
Bangsamoro (CAB) stipulations is proper or
legal without disclosing the full content of
the CAB.
The Convention concerning Indigenous and
Tribal Peoples in Independent Countries
(ILOc169) has a similar paragraph in its
preamble but with the limitation “within the
framework of the States in which they live”,
thus: par. 6 of the preamble states:
“Recognizing the aspirations of these peoples
to exercise control over their own
RECOMMENDATIONS
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
Article II: Bangsamoro Identity, Section 1:
Bangsamoro People- 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
descendants, whether of mixed or of full
blood, shall have the right to identify
themselves as Bangsamoro by ascription of
self ascription. Spouses and their
descendants are classified as Bangsamoro
ANNOTATIONS AND RECOMMENDATIONS
This definition coincides with the IPRA
definition of who are Indigenous Peoples. We
take it to mean therefore that the
Bangsamoro are Indigenous Peoples by legal
definition.
institutions, ways of life and economic
development and to maintain and develop
their identities, languages and religions,
within the framework of the States in which
they live, and….”
The definition provides certain descriptions
also provided in the description of
Indigenous Peoples in IPRA and in
international convenants however these
descriptions are expanded in way that
muddles the definition. to avoid confusion
the definition in international documents
and IPRA should be considered.
It is a fact that a lot of “natives” or original
inhabitants of Mindanao , Sulu Archipelago
and Palawan are indigenous peoples to
ascribe to themselves names such as
Teduray, Tagbanua, Sama, Yakan,
Matigsalug, Manobo, etc. they do not call
themselves Bangsamoro.
Definition in IPRA: Indigenous Cultural
Communities/Indigenous Peoples- refer to a
group of people or homogenous societies
identified by self-ascription and ascription by
others, who have continuously lived as
organized communities in communally
bounded and defined territory, and who
have, under claims of ownership, since time
immemorial, occupied, possessed and
utilized such territories, sharing common
bonds of language, customs, traditions and
other distinctive cultural traits, OR who have,
through resistance to political, social and
cultural in-roads of colonization, nonindigenous religions and cultures, become
historically differentiated from the majority
of Filipinos. The ICCs/IPs shall likewise
include peoples who are regarded as
indigenous on account of their descent from
the populations which inhabited the country,
at the time of conquest or colonization, or at
the time of inroads of non-indigenous
religions and cultures or the establishment of
present state boundaries, who retain some
of all other their own social, economic,
cultural and political institutions, but who
may have been displaced from their
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
ANNOTATIONS AND RECOMMENDATIONS
traditional domains or who may have been
displaced from their traditional territories or
who may have resettled outside their
ancestral domains.
ILO 169 Definition: Part I. General Policy,
Article 1: This Convention applies to:
(a) tribal peoples in independent countries
whose social, cultural and economic
conditions distinguish them from other
sections of the national community, and
whose status is regulated wholly or partially
by their own customs and traditions or by
special laws or regulations.
(b) peoples in independent countries who
are regarded as indigenous on account of
their descent from the populations which
inhabited the country or a geographical
region to which the country belongs, at the
time of conquest or colonization or the
establishment of present state boundaries
and who, irrespective of their legal status,
retain some or all of their own social,
economic, cultural or political institutions.
2. Self-identification as indigenous or tribal
shall be regarded as a fundamental criterion
for determining the groups to which the
provisions of this Convention apply.
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
Art. II Section 2: The Freedom of Choice of
other indigenous peoples shall be respected
ANNOTATIONS AND RECOMMENDATIONS
This should be affirmed. Non-moro IPs do not
associate themselves with the Bangsamoro as
a collective.
Q: the Identity of Indigenous Peoples
necessarily include traditional territories,
Will the freedom of choice include their
choice to annex or not to annex their
territories/ ancestral domains to the
bangsamoro entity?
3. The use of the term “peoples” in this
Convention shall not be construed as having
any implications as regards the rights which
may attach to the term under international
law.
Respect for Indigenous Peoples choice
include: (UN Declaration on the Rights of
Indigenous Peoples (UNDRIP)-par. 6,
perambulatory provisions: “ Recognizing the
urgent need to respect and promote the
inherent rights of indigenous peoples which
derive from their political, economic and
social structures and from their cultures,
spiritual traditions, histories and
philosophies, especially their rights to their
lands, territories and resources.”
It will not be amiss to call to mind the
meaning and intent of Article 8 UNDRIP in
giving meaning to this article: thus:
Article 8:
1. Indigenous peoples and individuals have
the right not to be subjected to forced
assimilation or destruction of their
culture.
2. The states shall provide effective
mechanisms for prevention of, and
redress for:
a. Any action which has the aim or
effect of depriving them of their
integrity as distinct peoples, or of
their cultural values or ethnic
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
ANNOTATIONS AND RECOMMENDATIONS
identities.
b. Any action which has the aim or
effect of dispossessing them of
their lands, territories or
resources,
c. Any form of forced population
transfer, which has the aim or
effect of violating or undermining
any of their rights
d. Any form of forced assimilation
or integration by other cultures
or ways of life imposed on them
by legislative, administrative or
other measures
e. Any form of propaganda
designed to promote or incite
racial or ethnic discrimination
directed against them.
Article III: Territory
Art. III Section 1: Definition of TerritoryTerritory shall refer to the land mass as well
as the maritime, terrestrial, fluvial and
alluvial domains and aerial domain above it.
The Bangsamoro territory shall reamin a part
of the Philippines
It should be made clear that the areas
described and those who might subsequently
become part of the territory of the
Bangsamoro are only areas where the
Bangsamoro political entity (BPE) can exercise
jurisdiction.
These areas should not be construed to mean
“Ancestral Domain” for the BPE lest we run
against the same problem encountered in the
Q: How is this definition or concept different
from ancestral domains?
Ancestral domains is a land classification by
itself by virtue of the Constitutional (Phil
Const. 1987) provision: Article XII, Section 5:
The State shall subject to the provisions of
the Constitution and National Development
Policies and programs shall protect the rights
of indigenous cultural communities to their
ancestral lands to ensure their economic,
social and cultural well being.
The last sentence “ The Bangsamoro territory
shall remain a part of the Philippines should
stand as a separate section.
In IPRA Ancestral Domains is defined as:
Subject to Section 56 hereof, refer to all
areas generally belonging to the ICCs/IPs
comprising lands, inland waters, coastal
areas, and natural resources therein, held
under a claim of ownership, occupied, or
possessed by ICCs/IPs, by themselves or
through their ancestors, communally or
individually since time immemorial,
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
ANNOTATIONS AND RECOMMENDATIONS
MOA-AD where the Supreme Court ruled that
delineation of Ads should be in accordance
with RA 8371
Also, there are Ancestal Domains belonging to
Lumads which are pending delineation in the
NCIP, will these ADs be recognized by the BPE
as belonging to the non-moro IPs or still
included in the Bangsamoro Territory?
The Congress may provide for the
applicability of customary laws governing
property rights or relations in determining
the extent of ANCESTRAL DOMAINS.
continuously to the present, except when
interrupted by war, force majeure or
displacement by force, deceit, stealth or as a
consequence of government projects or any
other voluntary dealings entered into by
government and private
individuals/corporations, and which are
necessary to ensure their economic, social
and cultural welfare. It shall include
ancestral lands, forests, pasture, residential,
agricultural or other land individually owned
whether alienable and disposable or
otherwise, hunting grounds, burial grounds,
worship areas, bodies of water, mineral and
other natural resources and lands which may
no longer be exclusively occupied by ICCs/IPs
but from which they traditionally had access
to for their subsistence and traditional
activities, particularly the home ranges of
ICCs/IPs who ar3 still nomadic and/or
shifting cultivators.
Ancestral lands is defined as: Subject to
Section 56 hereof, shall refer to lands
occupied, possessed and utilized by
individuals, families and clains who are
members of the ICCs/IPs since time
immemorial, by themselves or through their
predecessors-in-interest, under claims of
individual or traditional group ownership
continuously to the present, except when
interrupted by forced, deceit, stealth, or as a
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
ANNOTATIONS AND RECOMMENDATIONS
consequence of government projects and
other voluntary dealings entered into by the
government and private individuals/
corporations including but not limnited to,
residential lots, rice terraces, or paddies,
private forests, swidden farms and tree lots.
Art. III, Section 2: Core Territory: The core
territory of the Bangsamoro shall be
comprised of:
a. The present geographical area of the
Autonomous Region of Muslim
Mindanao
b. The Municipalities of Baloi, Munai,
Nunungan, Pantar, Tagoloan and
Tangkal in the province of Lanao del
Norte and all other barangays in the
Municipalities of Kabacan, Carmen,
Aleosan, Pigkawayan, Pikit,
Midsayap that voted for inclusion in
the ARMM during the 2001
Plebiscite.
c. The Cities of Cotabato and Isabela
d. All other contiguous areas were
there is a resolution of the local
government unit or a petition of at
least ten (10%) of the registered
voters in the area asking for their
inclusion at least two months prior to
the conduct of the ratification of the
Bangsamoro Basic Law and the
process of delimitation of the
Bangsamoro.
Q: the present geographical area includes the
territories of the Teduray in Maguindanao,
which was included in the expansion area
not in the original arm. Allegedly, the voting
was per province, so even if the Tedurays did
not want to be annexed they were included
because Maguindanao voted for inclusion.
Q: Do indigenous peoples having territories
within the core areas have the option not to
be included in the core areas? If they do not
have the option, will this situation not give
rise to forcible annexation which is
prohibited in UNDRIP Article 8?
Q: The indigenous peoples consensus is
required for FPIC, if only ten percent of their
voting population are able to annex the
territory would this not disenfrancshise the
90% and deprive them without due process
of law of their property and territory,
considering that it is the tribe/ ICCs
community that own the domains?
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
ANNOTATIONS AND RECOMMENDATIONS
Art. III Section 2 Last par. I(n order to ensure
the widest acceptability of the Bangsa Moro
Basic Law in the core areas abovementioned, a popular ratification shall be
conducted among all the Bangsamoro within
the areas for their adoption
Q: Ratification of the Bangsamoro Basic Law
shall be popular ratification conducted
among all the bangsamoro within the area
for their adoption, what if the IPs do not
chose to be Bangsamoro? Does this mean
they will not vote/ but they will be covered
by the law?
Q: What if the territory belongs to the
indigenous peoples, and because of inmigration have now a mixed population of
IPs and non-IPs, who will decide?
Art. III Section 3: Contigouous Territory:- The
areas which are contiguous and outside the
core territory may opt at anytime to be part
of the territory upon petition of at least then
percent (10%) of the registered voters and
approved by a majority of the qualified
voters cast in a plebescite
Art. III Section 4: Inland waters – All inland
waters such as lakes, rivers, river systems
and streams within the bangsamoro territory
shall be part of the Bangsamoro, the
preservation and management thereof shall
be under the jurisdiction of the Bangsamoro
Government.
Also relevant to Land and Natural Resources
and Social Justice and Human Rights
Q: What if the bodies of water are also
within the ancestral domains, who has
priority over the preservation and
management?
Q: How will powers and responsibilities e
shared with existing government agencies
mandated to preserve and manage the
areas?
Q: where is the provision on the priority of
use of the resource by small settlers,
fissherfok, etc. as provided in the
Constitution (1987 RP)
Art. XII, Section 2: par. 2 “ The State shall
Consensus of all tribal members/ not
including non-IPs who are not owners of the
territory to be annexed.
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
ANNOTATIONS AND RECOMMENDATIONS
protect the Nation’s marine wealth in the
archipelagic waters, territorial sea, and
exclusive economic zone, and reserve its use
and enjoyment eclusively to Filipino citizens.
Art. III, Section 6: Constituent Units: the
provinces, cities, municipalities, barangays
and geographic areas within the territory
shall be the constituent units of the
Bangsamoro
3rd Par. The Congress may, by law, allow
small scale utilization of natural resources by
Filipino Citizens, as well as cooperative fish
farming, with priority to subsistence
fishermen and fishworkers in rivers, lakes,
bays and lagoons.
Q: What will be the status of ancestral
domains and lands?
Article IV General Principles and Policies:
Section 1: Self Governance- In the exercise of
its right to self-governance and selfdetermiantion the Bangsamoro is free to
pursue its economic, social and cultural
development
Art. V., Section 3, No. 21. Culture and
language.
Q: What about the right to Self Governance
and Self-determination of IP communities
that are annexed to the bangsamoro
territory?
The Rights of Indigenous Peoples to Self
Governance and Self Deteermination
pursuant to international covenants and
IPRA shall be exercised by the ICCs/IPS,
respected and enforced.
Art. V. Section 3, No. 24. Libraries, museums,
historical, cultural and archeological sitesThe Bangsamoro Government shall have the
power to establish itsd own libraries and
museums and declare historical and cultural
sites, The Central Government shall transfer
Q: What about national treasures are they
not the nation’s patrimony?
Art. V., Section 3, No. 24, In Collobaration
with IPs and with their FPIC when the sites
are located in ancestral domains.
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
the management of such sites currently
under the jurisdiction of the National
Museum, National Historical Commission
and other agencies of the Central
Government to the Bansa Moro Government
or local governments therein following
certain processes through the intergovernmental relations mechanism. With
regards to archeological sites, the
Bangsamoro Government shall coordinate
with relevant agencies of the Central
Government on the regulation, excavation,
preservation and exportation of cultural
properties, as well as on the recovery of lost
historical and cultural artifacts.
ANNOTATIONS AND RECOMMENDATIONS
Art. V, Section 3 No. 27. Customary Laws
Art. V. Section 3, No. 28 Ancestral Domain
and Natural Resourcdes
Art. V, Section 3, no. 29: Exclusive Power of
Bangsamoro- Protection of the rights of IPs in
the Bangsamoro in accordance with the
UNDRIP and taking into account in addition
to economic and geographical criteria their
individual and communal property rights,
cultural integrity, customary beliefs,
historical and community tradtions. The
Bangsamoro Parliament shall create an
appropriate office or ministry for the
indigenous peoples which shall be part of the
Bangsamoro Cabinet to develop and
There is an enumeration of powers retained
by the Central Government under Section 1,
Justice is not one of them. Administration of
Justice is found instead in Section 2, which
pertains to Concurrent Powers.
It is understood that the Shari’ah Justice
System will be applied to Muslims. There is
no express provision however, of what will
Q: Including customary laws of IPS?
Q: No. 28- The Bangsamoro Government
shall have exclusive jurisdiction over
ancestral domains and Natural Resources??
Q: Why are those provided in IPRA not
included?
Q: How will the IPs right to selfdetermination in the creation of programs be
enforced and protected/ promoted?
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
implement the Bangsamoro programs for the
indigenous peoples in accordance with a law
passed by the parliament
ANNOTATIONS AND RECOMMENDATIONS
govern Non-moro IPs and the rest of the
citizens.
There is a separate provision that says Nonmoro IPs will be governed by a tribal justice
system, this is rather problematic as there are
as many customary laws as there are ethnic
groups.
Most of the Social Justice and Human
Development aspects are within the exclusive
powers of the Bangsamoro Government. This
is affirmed in so far as giving full autonomy to
the political entity but a clear statement must
be made as to what becomes of the national
laws pertaining to the matters enumerated
therein.
For example, the matter on Ancestral Domain
and Natural Resources is lodged within the
exclusive powers of the Bangsamoro
Government, there are however layers of
national law that deal with these. For the rest
of the Filipino’s the constitutional
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
ANNOTATIONS AND RECOMMENDATIONS
prescriptions and statutory issuances under
the system of Jura Regalia is applicable; for IPs
the IPRA is controlling. What becomes of the
IPRA or the Public Land Act as soon as the
Bangsamoro Government takes over?
It is glaring that no Mention of the IPRA was
made in the entirety of the BBL. Instead,
protection of IP rights will be made in
accordance with the UNDRIP and there is a
specific mention that a separate
instrumentality will be created for this
purpose. This means that the NCIP will have
no jurisdiction over IP matters within the
Bangsamoro territories.
There seems to be a conflict between Section
2, specifically Items 31 and 34. Classification
of lands into A&D was reserved for the
President but the Bangsamoro Government
was given the authority to declare
reservations.
Art. V., Section 3, No. 39: Customary Justice
Art. V. Section 3 No. 56. No. 56: Special
Development programs and laws for women,
the youth, the elderly, labor , the differently
abled and indigeous cultural communities
C: IP lumped with marginalized sectors
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
Art. V, Section 3, No.57 2nd par- The
Bangsamoro Parliament may creaste, divide,
merge, abolish or substantially alter
boundaries of provinces, cities municipalities
or barangay in accordance with a law
enacted by the Bangsamoro Parliament and
subject to the approval by a majority of the
votews cast in a plebsited in the political
units directly affected. Subject to the criteria
provided in said law, the Bangtsamoro
Parliament may likewise create appropriate
local goveermment unitds in the areas
inhabited predominantly by indigenous
peoples.
ANNOTATIONS AND RECOMMENDATIONS
However, when such acts required the
creation of acongressional district, the
Bansamoro Government shall coiopewrate
and coordinate with Central Government
through the Philippine CongressBangsamorol parliament Forum to prioritize
the deliberations on the creation of the
congressional district and Establishment or
creation of other institutions policies, laws
for the general welofare of the people in the
Bangsamoro.
Art. V. Section 4 (d) to recognize constructive
or traditional possession of lands and
resources by indigenous cultural
communities subject to judicial affirmation,
the petition for which shall be instituted
Q: What is the remedy and process under the
Rules?
Q: why not delineation and titling under
IPRA?
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
within a period of ten (10) years from the
effictivity of the Basic Law. The procedure
for judicial affirmation of imperfect titles
under existing laws, shall as far as practicable
apply to the judicial confirmation of titles to
ancestral lands
Article VI, Section 5: Council of Leaders- The
Bangsamoro Council of Leaders shall consists
of the chief Minister, provincial governors,
mayo9rs of chartered cities, and
representatives from the non-Moro
indigenous communities, women, settler
communities and other sectors. The
Bangsamoro Council of Leaders shall be
chaired by the Chief Minister. The Council
shall advise the Chifef Minister on matters of
governance in the Bangsamoro. The
representation of the non-moro indigenous
communities shall be pursuant to their
customary laws and indigenous processes.
ANNOTATIONS AND RECOMMENDATIONS
Article VI, Section 7: Bangsamoro
Government and its Constitutent Local
Government Units- The provinces , cities,
municipalities, barangays and geographic
areas within the territoriy shall be the
constituent units of the Bangsamoro. The
authority to regulate on its own
responsibility the affairs of the local
government units is guaranteed within the
limit of the Basic Law. The privileges already
enjoyed by the local government units under
Q: do geographic areas refer to the domains
of the non_Moro IPs?
Q: Local Government Code will not be in
effect?
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
existing laws shall not be disturbed unless
otherwise alterend, modified or refomr3d for
good governance in accordance with a law to
be enacted by the Bangsamoro Parliament.
Art. VII, Section 5, (3) Reserved Seats,
Sectoral Representatives- Sectoral
representatives, consisting of ten percent
(10%) of the Members of Parliament
including two (2) reserved seats each for
non-Moro Indigenous Communities and
settler communities, Women shall also have
reserved seats.
The Bangsamoro Parliament shall determine
the manner of election of sectoral and other
representatives to the Parliament.
Art. VII, Section 6: Election for Reserved
Seats for Non-Moro Indigenous Peoples such
as Teduray, Lambangian, Dulangan Manobo,
Blaan and Higaonon, shall be pursuant to
their customary laws and indigenous
practices base don the following:
1. Primacy of customary laws and
practices
2. Primarcy of consensus building
3. Acceptability of the community,
4. Inclusivity and full participation
5. Representation of the Collective
interests and aspirations of non-Mor
Indigenous peoples
6. Sustainability and strengthening of
Indigenous Political structure
ANNOTATIONS AND RECOMMENDATIONS
Affirm! However, it is crucial to identify these
IP groups and indicate them with particularity.
The enumeration should be made complete
so that the applicable customary law can also
be identified. The identification, recognition,
or selection of leaders, elders, or councils is
different for each ethnic group. It is even
debatable at this point if the customary law
on selection can be reduced into a code or
fixed rule.
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
7. Track record and capability
8. Gender Equality.
Article VII: Section 11: Term of Office- The
The qualifications of the Wali must be set by
term of office of memers of parliament shall law. Can a non-moro IP or ordinary citizen be
be three years unless otherwise provided by selected as Wali?
law passed by the Bangsamoro Parliament,
No mmber shall serve for more than three
consecutive terms.
Article IX: Section 5: Indigenous Peoples
Rights- The Bangsamoro Government
recognizes the rights of indigenous peoples
and shall adopt measures for the promotion
and protection of their rights to their native
titles and/or fasaka Ingid, indigenous
customs and traditiona, justice systems and
indigenous political structures, the right to
an equitable share in revenues from the
utilization of resources in their ancestral
lands, the right to free and prior informed
consent, right to political participation in the
Bangsamoro Govermment including reserved
seasts for the indigeno9us peoples in the
Bangsamoro Patrliament, the right to basic
services and the right to freedom of choice as
to their identity.
ANNOTATIONS AND RECOMMENDATIONS
The Bangsamoro Government recognizes the
rights of the indigenous peoples, and shall
adopt measures for the promotion and
protection of their rights, the right to their
native titles and/or fusaka inged, indigenous
customs and tradtions, justice systems and
indigenous political structures, the right to
equitable share in revenue from utilization of
resources in their ancestral lands, the right to
free and prior informed consent, right to
political particdipation in the Bangsamoro
Government including reserved seats for the
indigenous peoples in the Bangsamor
Parliament, the right to basic services and
the righty to freedom of choice as to their
identity. The Bangsamoro shall further
ensure that all rights of indigenous peoples
including the grights guaranteed under the
qoi7 constitution and Ra 9371 on the
Indigenous Peopls Rifghts Act shall continue
to be respedt and shall not in any be
diminished by any act of the Bangsamoro
Parliament. ( The Draft Bangsamoro Basic
Law: Overcoming Constituiolnal Challenges
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
ANNOTATIONS AND RECOMMENDATIONS
(Antonio Lavina and Janice Lee, Ateno School
of Government, Ateneo de Manila, page 126)
Article IX: Section 6: Customary Rights and
Traditions: The customs, beliefs and
traditions of the people in the Bangsamore
are hereby recognized, protected and
guaranteed.
The Bangsamoro Parliament shall adopt
measures to ensure mutual respect and
protection of distingt beliefs, customs and
traditions of the Bangsamoro Peoples and
other inhabitants of the bangsamoro.
No person in the Bangsamoro shall be
subjected to any form of discrimination on
account of creed, rerligion, ethnic origin,
parentage or sex.
Article IX: Section 14: Tribal University
System- The bangsamoro Partliament shall
create a tribal university system within the
Bangsamoro to address the higher education
needs of the indigenous cultural
communities in the Bangsamoro
Art. IX: Culture: Section 19, Preservation of
Bangsamoro Cultural Heritage- To preserve
the history, culture, arts, traditions and the
rich cultural heritage of the Sultanates such
as the Sultanate of Sulu, maguindanao and
Buayan, and the Royal House of the Maranao
and the indigenous peoples of the
IPED
FPIC of the IPs when their cultural heritage is
concerned.
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
Bangsamoro- there shall be created a
Bangsamoro Commission for the
preservation of cultural heritage.
Article IX: Section 20: Primary Responsibility
of the Commission
Article IX: Section 21. Management of
Bangsamoro Historical and Cultural Sites
Article X: Bangsamoro Justice Sysrtem
Section 1, Justice Systrem in the
Bangsamoro- The justice system in the
Bangsamoro shall consists of the Shariah law
which shall have supremacy and application
over Muslims only; the traditional or tribal
justice system for the indigenous peoples in
the Bangsamoro, the local courts and
alternative disputes resolution systems
ANNOTATIONS AND RECOMMENDATIONS
For Muslims the justice system in the
Bangsamoro shall give primary consideration
to Shariah, and customary rights and
traditions of the Indigenous peoples in the
Bangsamoro. Nothing herein shall be
construed to operate to the prejudice of nonMuslim and non-indigenous peoples.
Art. X Traditional/ Tribal Justice System
Section 23: Traditional Tribal Justice systems
– The Bangsamoro Parliament shall enact
laws to promote and support the
traditional/tribal justice systems that are
appropriate fort the indigenous peoples as
defined by them. The traditional justice
In collaboration with and with the FPIC and
consent of the Indigenous Peoples
concerned.
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
systems are the mechnisma to determine,
settle and decide controversies and enforce
decisions involving disputes between
members of the iondigenous peoples
concerned in accordance with the tribal
codes of these communities.
Art. X, Section 24 Office for Traditiona/Tribal
Justice System- Ther is hereby created an
Office for Tribal Justice Systems responsible
in overseeing the study, preservation and
development of the tribal justice system
within the Bangsamoro. The power and
functions of the office shall be deined by the
Bangsamoro Parlaimanet
The office shall ensure the full participation
of Inidgenous Peoples in the formulation ,
implementation and evaluation of policies
related to the strengthening of tribal justice
system ensuring futher that such systems
maintain their indigenous character in
accordance with the respective practices of
each tribe.
Art XI: Section 6: Composition of the Board
(police) The board shall be composed of
eleven (11) members, 6 membgers of the
board shall come from the Bangsamoro
Parliament and five from various sectors. Alll
the six memers from the parliament shall not
hold any ministerial post. All the members
thereof shall be appoibnted bye Chief
ANNOTATIONS AND RECOMMENDATIONS
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
Minister in accordance with the rules
promulgated by the Bangsamoro parliament
for this purpose.
The chairman of the Board shall be an exofficio commissionr of the National Police
Commission on matters dealing with the
Bangsamoro police.
Art. XI, Section 16: Indigenous Structure- The
Bangsamoro Government shall recognize
indigenous structures or sytems which
promote peace and law and order. The
Bangsamoro Parliament shall provided
insitutitonal support to these strucrues and
system to ehance pe3ace aqnd security in
the Bansamoro.
Art. XII, Section 19: Deductions from the
Block Grant; Exceptions – Four years from
the operationaliztion of the regular
Bangsamoro Government the following shall
be deducted from the block grant:
a. Revenue from the additional taxes
beyond those already devolved to
the ARMM collected three (3) years
before, and
b. Share of the Bangsamoro in the
govenrmnent income derived from
the exploration, development and
utilization of natural resources as
provided in Section 32 below
ANNOTATIONS AND RECOMMENDATIONS
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
collected three years before.
ANNOTATIONS AND RECOMMENDATIONS
Provided that the amount allocated to the
operation of Bangsamoro Suystianable
Development Board, as provided in Article
XIII, Section 4 shall not be included in the
amount herein to be deducted from the
block grant. Provided Further, that the
abovementioned deducation shall not
include the shares of the constitutent local
government unitis and of indigenoius
communities in government inbcome
derived from the exploration, development
and utilization of natural resourcews under
Secftion 33 and 34 respectively.
Section XII, Article 34: Share of Indigenous
Communities- Indigenous Peoples shall have
an equitable share from the revenues
generated from the exploration,
development and utilization of natural
resources that are found within the
territories covered by a native title in their
favor. The share shall be provided for in a
law to be passed by the Bangsamoro
Parliament
The Bangsamoro Parliament shall enact a law
that shall provide in detail said sharing
system, including the share of the indigenous
peoples and communities and the
mechanisms therefor.
Ancestral domains- (covered by Native Title)
The share can be determined (why not the
same sharing as enumerated in Secftion 32
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
Art. XIII, Section 12: Rights of Indigenous
Peoples over Natural Resources – The
Bangsamoro Parliament shall enact a law
recognizing the right of indigenous peoples in
the Bangsamoro in relation to natural
resources within the territories cov3ered by
a native title, including their share in
revenuyes, as provided in the Basic law and
preferriential rights to exploration,
development and utilization of such natural
resources within the areas.
The right of indigenous peoples to free and
prior informed consent in relation to
development initiatives shall be respected.
Art. XIII, Section 15: Regulation of Small Scale
Mining- Small scale mining shall be regulated
by the Bangsamoro Govermment to the end
that the ecological balance, safety and
health, and the interests of the affected
communities, the miners, the indigenous
peoples and the local government units of
the place where such operation are
conduged are duly protected and
safeguarded.
Article V- Section 2 (No.3) Land Registrationthe Bangsamoro Government in accordance
with the land registration system of the
Central Government shall administer land
registration in the Bangsamoro Territory
through an office it shall create for the
purpose. The Bansamoro Government shall
ANNOTATIONS AND RECOMMENDATIONS
Subject to limitations- Laws? No outright
recognition
Q: What happens to previously acquired
titles? Will this impinge on the
indefeasibility of Titles?
C : Also Affects Indigenous Peoples
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
furnish copies of the titles, deeds and other
instruments to the relevant Central
Government agencies. The Bangsamoro
Government can on on consultas.
The Bangsamoro Government may institute
processes to promote more efficient
registration of lands within the Bangsamoro
Art. V., Section 3 Exclusive Powers. Exclusive
Power are matters over which authority and
jurisdiction shall pertain to the Bangsamoro
Government. The Bangsamoro Government
shall exercise these powers over the
following matters within the Bangsamoro:
(1) Agriculture, Livestock and food security;
(2) Economic and Cultural Exchange
Art. V, Section 3, No. 6: Registration of
business names, with the Bangsamoro
Government, listing these in the Philippine
Business Registry for business names. 7.
Barter trade and countertrade with ASEAN
countries, 8. Economic zones and industrial
centers. 9. Free ports – The Bangsamoro
Government may establish free ports in the
Bangsamoro. The Bangsamoro government
shall cooperate with the Central Government
through the intergovernmental relations
mechanism on customs, immigration,
quarantine service and international
commitments. Business and other
ANNOTATIONS AND RECOMMENDATIONS
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
enterprises operating within the Bangsamor
free ports shall be entitled to the fiscal
incentives and other benefits provided by
the Central Government to special economic
zones. Bangsamoro Free ports shall be
contiguous/adjacent to seaport or airport
within the bangsamoro. 10. Tourism. 11.
Creation of sources of revenue, 12.
Budgetting 13. Financial and Banking SystemThis is without prejudice to the power of
supervision of the Bangko Sental ang
Pilipinas (BSP) and provided further that the
Bangsamoro Government, the BSP, the
Department of Finance (DOF), and the
National Commission on Muslim Filipinos
(NCMF) shall jointly promote the
development of the Islamic Banking System
to include among others the establishment of
a Shariah supervisory board. 14.
Establishment of government owned and /or
controlled corporations (GOCCS0 and
financial institutions- The Bangsamoro
Government shall legislate and implement
the creation of its own GOCCs in the pursuit
of the common good, and subject to
economic viability. The GOCCs shall be
registered with the Securities and Exchange
Commission or shall be established under
legislative charter by the Bangsamor
Government.
Art. V., Sec. 3 No. 31: Land Management,
ANNOTATIONS AND RECOMMENDATIONS
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
land distribution and agricultural land use
reclassification- The classification of public
lands into alienable and disposable lands
shall be initiated and recommended by the
Bangsamoro Government to the President
for the timely implementation of
Bangsamoro development plans and targets
Art. V. Section 3, No. 32: Cadastral and Land
Surveys- The Bangasamoro Government shall
have the authority to conduct cadastral
surveys, lot surveys and updated and spatial
surveys in the Bangsamoro. Thew
Bangsamoro Government shall furnish the
results of these surveys to, and coordinate
with , relevant Central Government agencies
to effect inclusion into the national cadastral
survey.
Art. V Section 3 No. 34: Environment Parks
forest management wildlife reserves and
conservation- The bangsamoro Government
shall have the authority to protect and
manage the environment. It shall have the
power to declare nature reserves and
aquaqtic parks, forests, and watershed
reservations and other protected areas in the
Bangsamoro.
No. 35: Inland waterways for Navigation.
No.36: Inland Waters
ANNOTATIONS AND RECOMMENDATIONS
Q: What will be the functions of DENR/PAWB
and the impact on the implementation of
NIPAS Act?
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
No. 37: Management, regulation and
conservation of all fishery, marine and
acquatic resources within the Bansamoro
territorial jurisdiction.
No. 38: Bangsamoro settlements
Art. V. Section 3, No. 32: Cadastral and Land
Surveys- The Bangasamoro Government shall
have the authority to conduct cadastral
surveys, lot surveys and updated and spatial
surveys in the Bangsamoro. Thew
Bangsamoro Government shall furnish the
results of these surveys to, and coordinate
with , relevant Central Government agencies
to effect inclusion into the national cadastral
survey.
Art. V Section 3 No. 34: Environment Parks
forest management wildlife reserves and
conservation- The bangsamoro Government
shall have the authority to protect and
manage the environment. It shall have the
power to declare nature reserves and
aquaqtic parks, forests, and watershed
reservations and other protected areas in the
Bangsamoro.
No. 35: Inland waterways for Navigation.
No.36: Inland Waters
No. 37: Management, regulation and
conservation of all fishery, marine and
ANNOTATIONS AND RECOMMENDATIONS
Q: What will be the functions of DENR/PAWB
and the impact on the implementation of
NIPAS Act?
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
acquatic resources within the Bansamoro
territorial jurisdiction.
No. 38: Bangsamoro settlements
Art. V. Section 4(e) to adopt and implement a
comprehensive urban land re3form and land
use program to ensure the just utilization of
lands within its jurisdiction.
Article IX, Section 3: Vested Property RightsVested property rights shall be recognized
and respected.
With respect to legitimate grievances of the
Bangsamoro peoples arising from any unjust
dispossession of their territorial and
proprietary rights, customary land tenure or
their marginalization shall be acknowledged.
Whenever restoration is no longer possible
the Central Government and the Bangsa
moro Government shall take effective
measures for adequate reparation of the loss
in such quality, quantity and status
collectively beneficial to the Bangsamoro
People and to be determined mutually by
both Governments.
Article IX: Section 4: Traditional JusticeThere shall be created a traditional justice
mechanism to address the legitimate
grievance of the Bangsamoro people such as
historical injustices, human rights violations,
marginalization through unjust dispossession
ANNOTATIONS AND RECOMMENDATIONS
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
of their territorial and propriety rights and
customary land tenure.
Art. V. Section 4(e) to adopt and implement a
comprehensive urban land re3form and land
use program to ensure the just utilization of
lands within its jurisdiction.
Article IX, Section 3: Vested Property RightsVested property rights shall be recognized
and respected.
With respect to legitimate grievances of the
Bangsamoro peoples arising from any unjust
dispossession of their territorial and
proprietary rights, customary land tenure or
their marginalization shall be acknowledged.
Whenever restoration is no longer possible
the Central Government and the Bangsa
moro Government shall take effective
measures for adequate reparation of the loss
in such quality, quantity and status
collectively beneficial to the Bangsamoro
People and to be determined mutually by
both Governments.
Art. XI1Sharing in the Exploration,
Development and Utilization of Natural
Resources: Article 32: Sharing in
Explorationb, Development and Utilization of
Natural Resources: Central Government
income from taxes derived from the
exploration, development and utilization of
all natural resources within the Bangsamoro
ANNOTATIONS AND RECOMMENDATIONS
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
shall be allocated as follows:
a. Fro non-metallic minerals (sand,
gravel and quarry resourdes) such
revenues shall pertain fully to the
Bangsamoro and its local
government units
b. For metallic minerals , 75% shall
pertain to the Bangsamoro
c. For fossil fuels (petroleuym, natural
gas and coal) and uranium, the same
shall be shared equally between the
Central and Bangsamoro
Government
Such sharing schem shall be applicable to the
natural resourcdes found in the land mass
that comprise the Bangsamoro Territory as
well as the waters that are within the
territorieal jurisdiction of the Bangsamoro
Art XII, Section 33: j Share of the Constituent
Local Government Unitis- The shre of the
Bangsamoro Government in the revenues
referred to in the immediately proceding
section shall include those for its constituent
local government units. The Bangsamoro
Parliament shall enact a law detailing the
share of such local government units.
Article XIII: Economy and Patrimony, Section
1: Bangsamoro Economy and Social JusticeThe Bangsamoro Government’s economic
policies and programs shall be based on the
principle of social justice. Pursuant to this
ANNOTATIONS AND RECOMMENDATIONS
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
principle the Bangsamoro Parliament shall
legislate laws pertaining to the Bangsamoro
economy and patrimony that are responsive
to the needs of the peoples.
Art. XI1Sharing in the Exploration,
Development and Utilization of Natural
Resources: Article 32: Sharing in
Explorationb, Development and Utilization of
Natural Resources: Central Government
income from taxes derived from the
exploration, development and utilization of
all natural resources within the Bangsamoro
shall be allocated as follows:
d. Fro non-metallic minerals (sand,
gravel and quarry resourdes) such
revenues shall pertain fully to the
Bangsamoro and its local
government units
e. For metallic minerals , 75% shall
pertain to the Bangsamoro
f. For fossil fuels (petroleuym, natural
gas and coal) and uranium, the same
shall be shared equally between the
Central and Bangsamoro
Government
Such sharing schem shall be applicable to the
natural resourcdes found in the land mass
that comprise the Bangsamoro Territory as
well as the waters that are within the
territorieal jurisdiction of the Bangsamoro
ANNOTATIONS AND RECOMMENDATIONS
PROVISIONS AFFECTING INDIGENOUS
PEOPLES
Art XII, Section 33: j Share of the Constituent
Local Government Unitis- The shre of the
Bangsamoro Government in the revenues
referred to in the immediately proceding
section shall include those for its constituent
local government units. The Bangsamoro
Parliament shall enact a law detailing the
share of such local government units.
Article XIII: Economy and Patrimony, Section
1: Bangsamoro Economy and Social JusticeThe Bangsamoro Government’s economic
policies and programs shall be based on the
principle of social justice. Pursuant to this
principle the Bangsamoro Parliament shall
legislate laws pertaining to the Bangsamoro
economy and patrimony that are responsive
to the needs of the peoples.
ANNOTATIONS AND RECOMMENDATIONS
REFERENCES
House Bill No. 4994, “An Act Providing for the Basic Law for the
Bangsamoro and Abolishing the Autonomous Region in Muslim Mindanao, Repealing for
the Purpose Republic Act No. 9054, entitled “An Act to Strengthen and Expand the
Organic Act for the Autonomous Region in Muslim Mindanao,” and Republic Act No.
6734, entitled “An Act Providing for an Organic Act for the Autonomous Region in
Muslim Mindanao,” and for Other Purposes” (2014)
Senate Bill No. 2408, “An Act Providing for the Basic Law for the Bangsamoro and
Abolishing the Autonomous Region in Muslim Mindanao, Repealing for the Purpose
Republic Act No. 9054, entitled “An Act to Strengthen and Expand the Organic Act for
the Autonomous Region in Muslim Mindanao,” and Republic Act No. 6734, entitled “An
Act Providing for an Organic Act for the Autonomous Region in Muslim Mindanao,” and
for Other Purposes”
PHILIPPINE LAW
1987 Philippine Constitution
Republic Act No. 6734, “An Act Providing for an Organic Act for the Autonomous Region
in Muslim Mindanao.” (1989)
Republic Act No. 7160, "Local Government Code of 1991." (1991)
Republic Act No. 8371, "The Indigenous Peoples Rights Act of 1997". (1997)
RA 9054, “An Act to Strengthen and Expand the Organic Act for the Autonomous Region
in Muslim Mindanao, amending for the Purpose Republic Act No. 6734, entitled "An Act
Providing for the Autonomous Region in Muslim Mindanao," as amended.” (2001)
PHILIPPINE JURISPRUDENCE
Abbas v. Comelec, G.R. No. 89651 (November 10, 1989)
Abas Kida v. Senate, G.R. 196271, (October 18, 2011)
Ampatuan v. Puno, G.R. No. 190259 (June 7, 2011)
Arimao v. Taher, G.R. No. 152651 (August 7, 2009)
Atitiw v. Zamora, G.R. No. G.R. No. 143374 (September 30, 2005)
Badua v. Cordillera Bodong Administration, G.R. No. 92649 (February 14, 1991)
Belgica, et. al. vs Ochoa, et al., G.R. No 208566 (November 19, 2013)
Chiongbian v. Orbos, G.R. No. 96754(June 22, 1995)
Cordillera Broad Coalition v. COA, G.R. No. 82217 (January 29, 1990)
DENR v. DENR Employees, G.R. No. 149724 (August 19, 2003)
Disomangcop v. Datunamanong, G.R. No. 149848 (November 25, 2004)
Kulayan v. Tan, G.R. No. 187298 (July 3, 2012)
Kida v. Senate, G.R. No. 196271 (October 18, 2011)
League of Provinces of the Philippines v. DENR, GR No. 175368 (11 April 2013)
Limbona v. Mangelin, G.R. No. 80391 (February 28, 1989)
Manila Prince Hotel v. Government Service Insurance System, G.R. No. 122156, 335 Phil.
82 (3 February 1997)
Ordillo v. COMELEC, G.R. No. 93054 (December 4, 1990)
Pablito v. Sanidad, G.R. No. 90878 (January 29, 1990)
Pandi v. CA, G.R. No. 116850 (April 11, 2002)
Province of North Cotabato vs. GRP; GR No. 183591 (October 14, 2008)
Sema v. Comelec, G.R. Nos. 177597/178628 (July 16, 2008)
Tañada v. Angara, G.R. No. 118295, May 2, 1997, citing Justice Isagani A.
Cruz, Philippine Political Law, 1995 Ed., p. 13, quoting his own article entitled, “A
Quintessential Constitution” earlier published in the San Beda Law Journal, April 1972;
underscoring supplied
BOOKS AND OTHER SECONDARY MATERIALS
Akehurst Principles of International Law.
Black’s Law Dictionary cited in the position paper of retired Justice Vicente V. Mendoza
New Oxford American Dictionary.
Fr. Joaquin G. Bernas, S.J. , The 1987 Constitution of the Republic of the Philippines, A
Commentary, 1139, (2009)
Fr. Joaquin G. Bernas, S.J., The Intent of the 1986 Constitution Writers, 727 (1995)
POSITION PAPERS
Framers of the 1987 Constitution Support Bangsamoro, January 9, 2015
Pacifico Agabin & Oscar Franklin Tan, A Libral Interpretation of the Bangsamoro Basic
Law, J. INTEG. B. PHIL. (2015) (for publication).
Antonio G. M. La Viña and Janice Lee, The Draft Bangsamoro Basic Law: Overcoming
Constitutional Challenges (2015).
Jose V. Abueva, Establishing Bangsamoro: A Supreme Challenge Requiring Transforming
Leadership (October 28, 2014).
Melanie P. Pimentel, Does the BBL offer more than the IPRA?
Office of Commissioner Al A. Parreno (COMELEC), Memorandum on Issues/Comments
on House Bill No. 4994 or the Bangsamoro Basic Bill (October 7,2014)
Civil Service Commission, Comments to Bangsamoro Bill (October 7, 2014)
Commission on Audit, Position Paper for House Bill No. 4994 (October 7, 2014)
Philippine Constitution Association, Comments and Observations of Philconsa on the
provisions of House Bill No. 4994 (November 14, 2014)
Jose V. Romero Jr. (Philippine Council on Foreign Relations), A Ten Point Memorandum
on the BBL
Jose V. Romero Jr., Saudis Introduced Islam in 14th Century
Jose V. Romero Jr., The Geopolitics of the BBL
Jose V. Romero Jr., Geopolitical and Socio Economic Issues Underlying the CAB
Ranhilio Callangan Aquino, Position Paper on House Bill No. 4994 (15 December 2014)
Merlin M. Magallona, Problem Areas in the Bangsamoro Basic Law (2014)
Vicente Mendoza, The Bangsamoro Bill Needs the Approval of the Filipino People
Wilfrido Villacorta, Position Paper: Public Hearing on the Bangsamoro Basic Law (18
November 2014)
Proceso J. Alcala (Department of Agriculture), Letter to Hon. Rufus B. Rodriguez on
House Bill No. 4994 (November 17, 2014)
Conchita Carpio Morales (Office of the Ombudsman), Comment on H. B. No. 4994
(November 14, 2014)
Catholic Bishops’ Conference of the Philippines, Guide Our Feet into the Way of Peace
(Pastoral Statement of the Catholic Bishops’ Conference of the Philippines on the Draft
Bangsamoro Basic Law) (January 22, 2015)
Teresita Quintos Deles (Office of the Presidential Adviser on the Peace Process), Letter
to Honorable Senator Ferdinand E. Marcos Jr., Honorable Senator Teofisto Guingona III,
and Honorable Senator Miriam Defensor Santiago (26 January 2015)
Miriam Coronel Ferrer, On the Matter of Substate
R. A. V. Saguisag, Letter to the Committee on Local Government (January 26, 2015)
Senen Bacani, Checks and Balances in National Government vs None in the BBL
Foundation for Economic Freedom, Inc., FEF Statement of Support for the Passage of
the Bangsamoro Basic Law
Tony La Viña, EAGLE EYES, Manila Standard Today, “Improving the Bangsamoro Basic
Law” (10 March 2015)
Minutes of theCommittee on Local Government Joint with the Committees On Peace,
Unification And Reconciliation; and Constitutional Amendments And Revision of Codes;
Constitutional Issues of Senate Bill No. 2408 (Bangsamoro Basic Law); February 2, 2015.
Minutes of theCommittee on Local Government Joint with the Committees on Peace,
Unification and Reconciliation; and Constitutional Amendments and Revision of Codes,
Constitutional Issues of Senate Bill No. 2408 (Bangsamoro Basic Law); January 26, 2015