Escolar Documentos
Profissional Documentos
Cultura Documentos
Peace Council
on the
Bangsamoro Basic Law
TABLE OF CONTENTS
I.
Cover Page
II.
Cover Letter
III.
Table of Contents
IV.
Executive Summary
V.
VI.
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
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,
We also realized that the BBL will bring benefits that will redound not only to
the Bangsamoro but to all Filipinos. Mindanao holds the nations 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,
Howard Dee
Jaime Augusto Zobel de Ayala II
Former Ambassador to the Holy See Chairman, Ayala Corporation
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 BBLs 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 Clusters emphasis on social justice that they recommended the BBLs 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 countrys 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 Shariah Circuit Courts, Shariah District Courts, and a Shariah 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 Courts control and
supervision. The BBL provision that states that the decisions of the Shariah 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 Ombudsmans concern that said
section diminishes the Ombudsmans 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 BBLs 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
areas 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 Constitutions 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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Report of the Peace Council on the Bangsamoro Basic Law - Executive Summary
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 Bangsamoros 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 Clusters 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 Clusters 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 Councils 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 its 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
Clusters 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 publics view of the BBL was unfortunately colored by a lack
of trust towards the MILF, both as the governments 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 Alerts 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 MILFs 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 publics (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 BBLs 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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The group decided to divide themselves into four clusters, namely: (1)
Constitutionality and Forms and Powers of Government (with Chief Justice
Page 1 of 50
Page 2 of 50
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.
Page 3 of 50
xxx
xxx
xxx
xxx
Page 4 of 50
Statement of Commissioner Nolledo, cited in Disomangcop v. Datumanong, G.R. No. 149848. November 25,
2004.
Page 5 of 50
Page 6 of 50
Page 7 of 50
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.
Page 8 of 50
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 nations 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 experiment7 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
Page 9 of 50
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10
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17
Page 13 of 50
Bernas, The 1987 Constitution of the Republic of the Philippines, A Commentary, 329, (2009).
HB 4994, Art. V, Sec. 3.
Page 14 of 50
Page 15 of 50
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
Page 16 of 50
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)
Page 17 of 50
Article IX, Section 7; Article V, Section 2(7); Article XII, Section 2; Article V, Section 2(8); Article VII, Section 9.
Page 19 of 50
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.
Page 20 of 50
43
Page 21 of 50
Annexes
Summary of Issues and Arguments
List of Resource Materials Reviewed
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49
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50
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52
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56
57
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Presentation Files
1.
2.
Page 34 of 50
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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.
Page 37 of 50
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.
Page 38 of 50
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
Page 39 of 50
While the specifics on how the rights of Non-Moro Indigenous Peoples shall be
protected in the Bangsamoro may be beyond this Councils 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.
Page 40 of 50
Avendao, C.O. (2015, April 11). World Bank: BBL cant 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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66
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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.
Page 49 of 50
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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
Constitution
Opposition
Territory as defined in Blacks 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.
Blacks 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.
Constitution
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
(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
giving
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.
Defense
Other References/Comments
Constitution
Art. X, Sec. 18
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.
Defense
Other References/Comments
Constitution
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
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
Constitution
Opposition
The BBL reduced power of the president to general
supervision, or mere oversight as distinguished from
control, the Bill furher emascualtes the Presidents power
by providing that its exercise should be consistent with
autonomy and assymetrical relationsThis 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.
10
Constitution
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
11
Opposition
Defense
Other References/Comments
relationships
are
not
diplomatic
12
granted
without
Constitution
13
Defense
Other References/Comments
Adolf
Azcuna
(http://www.rappler.com/nation/specialcoverage/peacetalks/73338-bangsamoro-billschools-of-thought)
and
avoid
asymmetrical
14
-- Merlin M. Magallona
Constitution
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.
15
Opposition
Defense
Other References/Comments
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
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
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)
-
Philconsa
17
Constitution
Opposition
Defense
Other References/Comments
18
Constitution
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.
19
Other References/Comments
20
21
Constitution
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
Constitution
22
Other References/Comments
23
Constitution
The Wali, as part of the Bangsamoro Government, shall be under the general
supervision of the President.
Opposition
Defense
Other References/Comments
24
Constitution
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 establisha 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
Constitution
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
26
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
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
28
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
Opposition
Article X provides for the establishment of Shariah
Circuit Courts, Shariah District Courts, and a Shariah
High Court. It will be necessary to consider as
amended the provisions of P.D. No. 1083, which also
provides for the establishment of Shariah courts.
Dean Antonio La Vina and Atty. Janice Lee
30
31
Constitution
Section 10. Shariah Judicial and Bar Council. -The Shariah Judicial and Bar
Council shall recommend to the Judicial and Bar Council applicants for the
position of judges of Shariah District and Circuit Courts in the Bangsamoro
and the justices of the Shariah High Court. The Judicial and Bar Council shall
give utmost consideration to the Shariah 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 Shariah 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 Shariah
bar, as non-Muslims with the requisite knowledge
would qualify. Atty.Agabin and Atty. Oscar Tan
32
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
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
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
34
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 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 OMBs 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
Ombudsmans 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 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
Opposition
36
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
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
38
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 BCAs 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.
With due regard to the BCAs responsibility to ensure the judicious use of
funds within the Bangsamoro, disbursement vouchers of the Bangsamoro
Government shall be submitted immediately to the BCA.
39
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
41
Constitution
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
42
43
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:
(1) Enforce and administer all laws and regulations relative to the conduct of
an election, plebiscite, initiative, referendum, and recall.
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.
44
45
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
Defense
Other References/Comments
47
Constitution
48
Constitution
b.
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
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.
50
Constitution
Article III, Sec 2. Core Territory The core territory of the Bangsamoro
shall be composed of:
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
Other References/Comments
52
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
Suggested Reformulation
Suggested Reformulation
DELETE PROVISION
Peace Council
Suggested Amendments/Refinements, Bangsamoro Basic Law
ARTICLE IV: GENERAL PRINCIPLES AND POLICIES
Original
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
Suggested Reformulation
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
Peace Council
Suggested Amendments/Refinements, Bangsamoro Basic Law
ARTICLE VI: INTERGOVERNMENTAL RELATIONS
Original
Suggested Reformulation
Article VI . INTERGOVERNMENTAL
RELATIONS
Article VI . INTERGOVERNMENTAL
RELATIONS
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 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:
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 Shariah District
Courts.
xxx
Suggested Reformulation
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:
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
Shariah 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.
Peace Council
Suggested Amendments/Refinements, Bangsamoro Basic Law
ARTICLE X: JUSTICE
Original
Suggested Reformulation
Peace Council
Suggested Amendments/Refinements, Bangsamoro Basic Law
ARTICLE XI: PUBLIC ORDER AND SAFETY
Original
Suggested Reformulation
XXX
XXX
XXX
XXX
Peace Council
Suggested Amendments/Refinements, Bangsamoro Basic Law
Suggested Reformulation
Peace Council
Suggested Amendments/Refinements, Bangsamoro Basic Law
Proposed Reformulation
RETAIN
DELETE
COMMENTS/ QUESTIONS
RECOMMENDATIONS
AFFIRMATION
RECOMMENDATIONS
AFFIRMATION
RECOMMENDATIONS
PROVISIONS PERTAINING TO
ADMINISTRATION OF JUSTICE
AFFIRMATION
RECOMMENDATIONS
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
Community Policing?
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
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.
IPED
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
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)
Taada 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
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 Via 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)