PROVISIONS OF BANGSAMORO BASIC LAW THAT ARE UNCONSTITUTIONAL
1. Article III Territory
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. Reason: This is an unconstitutional because the Bangsamoro area is not restricting its territorial area from widening therefore it could be an invasion to the area of central government. Every time that a new city, province, or adjacent area is joined to the Bangsamoro then it continues from expanding its territorial area. A possible result of it, is becoming the whole Mindanao part of Bangsamoro area and it can even make the whole Philippine be part of the Bangsamoro governance.
2. Article X Bangsamoro Justice System Section 1 - Justice System in the Bangsamoro The justice system in the Bangsamoro shall consist of 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 dispute resolution systems. Reason: This is unconstitutional because if Shariah law will govern then it will be against the civil code of the Philippines and R.A 9346. Muslims of Mindanao are still Filipinos therefore as Section 1, Article III of 1987 Constitution provides: No person shall be deprived of xxxx nor shall any person be denied the equal protection of laws. The Shariah law is exercising the following as a penalty or punishment: 1) Amputation of right hand 2) Beheading These are against to the law provided by the central government therefore the shariah law must set its standards, limitations and it must be according to the civil law.
3. Section 7 - Bangsamoro Shariah High Court There is hereby created a Bangsamoro Shariah High Court. The Bangsamoro Shariah High Court shall exercise exclusive original jurisdiction, whether or not in aid of its appellate jurisdiction, over: The decisions of the Shari'ah High Court shall be final and executory. Reason: This is unconstitutional because it deprives the Judicial Department of the Central Government its power for judicial review as provided in Section 1, Article VIII of 1987 Constitution of the Philippines that provides: Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. Therefore the decisions of the Shariah High Court shall not be final and executory because such judgment is appealable to the Supreme Court. Prepared by: MUHAMMEDAN L. OBINAY