Resolved: that the Bangsamoro Basic Law BBL be passed.

Bangsamoro Basic Law is a draft law that is being read in the Philippine Government intended to
establish the certain Mindanao region's own government - the Bangsamoro political entity.

The difference of BBL to ARMM is that it allows the regions (which are already under ARMM) to
"drift apart" from the Philippine republic's political and judicial system and make their own
system.

It's just like Mindanao wants to live by himself without the guidance of its parent which is
supposed to be the Philippine Republic.

One of the common reasons why many people in the Philippines, especially those who are non-
Muslims, opposes the law because of some rebellious groups in Mindanao might abuse the law
and betray the Republic.

The passing of Bangsamoro agreement would likely be a big change for the PH, considering that
the Southermost part will have a separate government from the PH.

I can't see any positive actions that will happen if it happens, hence I just foresee an outburst of
beliefs that embrace Malaysia. Muslims will have a great power while on their own and that's
the right time (I think) that Mindanao can either govern their own or let Malaysia rule them.

I think they are just trying to avoid dealing with the root problem by, in essence, cordoning the
area away from them and letting them do what they want and hope that would be enough to
avoid trouble. And at the same time, avoid blame because if the others are granted more
autonomy, then technically the national government cannot be held responsible for the
consequences. Although that may not be the case, of course

Based on the news, the BBL gives more control to the regional government. It also covers a
larger area. The biggest change is that the Bangsamoro gets to elect it's own parliament. It even
can have its own flag.
==========================================================================

Frequently Asked Questions on the draft Bangsamoro Basic Law

Posted on Wednesday, Sep 10th, 2014

Download the FAQs here

Article I

Name and Purpose

Q: What is the purpose of this new law?

A: The purpose of the draft Basic Law is to establish the new Bangsamoro political entity and
provide for its basic structure of government, in recognition of the aspirations of the
Bangsamoro people (Article I, Section 3).

Article II

Bangsamoro Identity

Q: Who are the Bangsamoro people?

A: Those who at the time of conquest and colonization were considered natives or original
inhabitants of Mindanao and the Sulu archipelago and its adjacent islands including Palawan,
and their spouses, and descendants, who have identified themselves as Bangsamoro (Article II,
Section 1).
Q: Why is it necessary for the Bangsamoro to have an official flag?

A: A Philippine government entity, such as the Bangsamoro, is authorized to have its own flag
under Section 44 of Republic Act No. 8491, otherwise known as the Flag and Heraldic Code of
the Philippines.

Article III

Territory

Q: What comprises the Bangsamoro territory?

A: The Bangsamoro territory is composed of the land mass, maritime, terrestrial, alluvial and
aerial domain. Section 1 expressly states that the Bangsamoro territory remains part of the
Philippines.

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

The local government units that will comprise the Bangsamoro territory will be determined
through a plebiscite for the ratification of this Basic Law (Article XV, Section 3).
Q: What is the extent of the Bangsamoro’s maritime jurisdiction?

A: The Bangsamoro has jurisdiction over waters that extend up to 12 nautical miles from the
low-water mark of the coasts. This is referred to as the Bangsamoro Waters – where the
Bangsamoro Government is granted certain rights over the resources therein (Article III, Section
5).

Article IV

General Principles and Policies

Q: The draft Basic Law provides that the Bangsamoro Government will have a parliamentary
form of government. Is this consistent with a democratic form of government provided in the
1987 Philippine Constitution?

A: Yes, a parliamentary system is democratic.

A parliamentary system is a form of government where the executive is formed by the

legislature, i.e. the Chief Executive (who is the head of the executive) is elected by the
legislature.
A democracy is a system of government which derives its legitimacy from the people. Hence,
eligible citizens participate, directly or indirectly, in the election of their representatives in
government.

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

Q: Is a parliamentary form of government allowed by the 1987 Philippine Constitution?

A: Yes, the 1987 Philippine Constitution left it to the wisdom of Congress to determine the
appropriate government structures for local government units and autonomous regions.
Specifically, Section 18, Article X of the 1987 Philippine Constitution provides that the Organic
Act (the Basic Law in the case of the Bangsamoro) for Autonomous Regions “shall define the
basic structure of government consisting of the executive department and the legislative
assembly.”

Article V

Powers of Government

Q: What do the terms “reserved”, “exclusive”, and “concurrent” mean?

A: Reserved powers are matters over which authority and jurisdiction are exercised by the
National Government. The reserved powers enumerated in the Annex on Power Sharing
remains the same. Only the National Government can exercise power or authority over national
defense and security, foreign relations, monetary policy, and customs and tariffs among others.

Concurrent powers refer to the powers shared between the National Government and the
Bangsamoro Government. In the exercise of these concurrent powers, the concerned ministries
of the Bangsamoro Government are required to cooperate and coordinate with the National
Government.

Exclusive powers are matters over which authority and jurisdiction pertain to the Bangsamoro
Government (Article V, Sections 1 to 4).

All issues that may result in a dispute between the National and Bangsamoro Governments, or
may arise from the exercise of powers enumerated in Article V, shall be resolved by an
intergovernmental relations mechanism. Unresolved issues shall be elevated to the President
through the Chief Minister (Article VI).

Q: The draft Basic Law creates Bangsamoro offices that exercise functions related to those
vested in constitutional bodies. How will these bodies relate to each other?

A: The draft Basic Law creates the following bodies:

(i) The Bangsamoro auditing body which shall have auditing responsibility over public funds
utilized by the Bangsamoro Government without prejudice to the power, authority, and duty of
the national 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 (Article V, Section 2, Number 7);
(ii) The Bangsamoro Civil Service Office which shall develop and administer Bangsamoro
government employees and officers without prejudice to the Civil Service Commission’s powers
(Article V, Section 2, Number 8);

(iii) The Bangsamoro Electoral Office which shall be part of the Commission on Elections (Article
VII, Section 9);

(iv) The Bangsamoro Police which shall be part of the Philippine National Police (Article XVI,
Section 2);

(v) The Bangsamoro Commission on Human Rights (BCHR) which shall have investigatory and
prosecutorial powers; In the performance of its functions, the BCHR may coordinate with the
Commission on Human Rights (Article IX, Section 7);

(vi) The Bangsamoro Regional Police Board which shall be part of the NAPOLCOM and will
perform the functions of the NAPOLCOM in the region (Article XVI, Sections 5, 6).

Q: What is the scope of the Bangsamoro Government’s powers over financial and banking
systems in the Bangsamoro?

A: Without prejudice to the power of supervision of the Bangko Sentral ng Pilipinas, the
Bangsamoro Government shall encourage the development of Islamic Banking. Under the draft
Basic Law, a Shari’ah supervisory board may be created specifically for this purpose. Towards
this end, the Bangsamoro Government is also authorized to participate in the management of
the Al-Amanah Islamic Investment Bank. (Article V, Section 3, Number 13; Article XII, Sections 30,
36)
Q: What is the scope of the Bangsamoro Government’s regulatory power over power
generation, transmission, and distribution?

A: The draft Basic Law allows the Bangsamoro Government the power to regulate power
generation, transmission, and distribution facilities in the Bangsamoro which are not connected
to the Grid. Through this authority, it is endeavored that the Bangsamoro Government will be
able to spur the establishment of generation and other power facilities in the area that will allow
them to address the needs of the inhabitants of the Bangsamoro (Article 5, Section 3, Number
15).

Q: What is the scope of the Bangsamoro Government’s power to create, divide, merge,
abolish, or substantially alter boundaries of local government units?

A: The power to create, divide, merge, abolish, or substantially alter boundaries of local
government units granted to the Bangsamoro Parliament is consistent with the power granted to
other local government units in Sections 6 to 10 of Chapter II, Title I of the Local Government
Code of 1991 and is similarly subject to the limitations provided by the 1987 Philippine
Constitution.

Q: What will happen to the powers granted to the ARMM under Republic Act No. 9054?

A: Republic Act No. 9054 will be expressly repealed by the enactment of the Basic Law.
However, the draft Basic Law adopts certain powers already devolved to the ARMM (Article V,
Section 4), which are enumerated under Art. V, Section 4. The Annex on Power Sharing
specifically allows the Bangsamoro Transition Commission—that prepared the draft Basic Law—
to select powers under Republic Act No. 9054 relevant to the Framework Agreement on the
Bangsamoro, and adopt these in the Basic Law.
Article VI

Intergovernmental Relations

Q. Describe the relationship between the National and Bangsamoro Governments.

A. The relationship between the National and Bangsamoro Governments shall be

asymmetric. It is asymmetric because it is distinct from the relationship between the National
Government and other local government units. Specifically, the 1987 Philippine Constitution
(Article X, Section 20) confers the Bangsamoro Government, as an autonomous region,
legislative powers over such matters as administrative organization and ancestral domain—
which are not granted to local government units. However, similar to local government units,
the President’s power of general supervision remains (Article VI, Sections 1, 3).

Q: What is the Intergovernmental Relations Mechanism?

A: A “Central Government – Bangsamoro Government Intergovernmental Relations Body”

shall be established to resolve any issues that may arise relating to the exercise of the respective
powers of the National Government and the Bangsamoro Government within the Bangsamoro
through consultations and continuing negotiations in a non-adversarial manner. All unresolved
issues shall be elevated to the President, through the Chief Minister (Article VI, Section 4).
The draft Basic Law also provides for a Philippine Congress – Bangsamoro Parliament Forum for
purposes of cooperation and coordination of legislative initiatives (Article VI, Section 8).

Q. Describe the relationship between the Bangsamoro Government and its constituent local
government units.

A. The National and Bangsamoro Governments accept the concept of devolution as inspired
by the principles of subsidiarity. The provinces, cities, municipalities, barangays, and geographic
areas within its territory shall be the constituent units of the Bangsamoro. The privileges already
enjoyed by the local government units within the Bangsamoro under existing laws shall not be
diminished unless otherwise altered, modified, or reformed for good governance in a law to be
enacted by the Bangsamoro Parliament (Article VI, Sections 6, 7).

To ensure mutual cooperation and cohesion between the Bangsamoro Government and its
constituent LGUs, a Council of Leaders shall likewise be established (Article VI, Section 5).

Q: Is the National Government giving the Bangsamoro undue preference for positions in
National Offices?

A: No. Although, it shall be the policy of the National Government to appoint competent and
qualified inhabitants of the Bangsamoro in certain National Government offices [at least one (1)
Cabinet Secretary; at least one (1) in each of the other departments, offices, and bureaus
holding executive__primarily confidential, highly technical, and policy-determining__positions;
and one (1) Commissioner in each of the constitutional bodies (Article VI, Section 9); at least one
(1) justice in the Supreme Court; and two (2) justices in the Court of Appeals (Article X, Section
27)]. This does not remove the discretion of the President to appoint qualified persons from
other sectors.
Article VII

Bangsamoro Government

Q: What is the relationship between the Bangsamoro Electoral Code and Batas Pambansa
Bilang 81, otherwise known as the Omnibus Election Code?

A: The Bangsamoro Electoral Code will be enacted to specifically govern parliamentary

elections in the Bangsamoro and shall be correlated to all national election laws including Batas
Pambansa Bilang 81 (Article VII, Section 9).

Q: What is the composition of the Bangsamoro Parliament? How are seats in the Bangsamoro
Parliament classified and allocated?

A: The Bangsamoro Parliament shall have at least sixty (60) members – fifty percent (50%) of
which shall be elected through a system of proportional representation; forty percent (40%)
from single member districts; and ten percent (10%) will be elected to reserved seats
representing key sectors in the Bangsamoro. The Bangsamoro Parliament shall have two
reserved seats each for non-Moro indigenous communities and settler communities. Women
shall also have a reserved seat (Article VII, Sections 4, 5).
Q: What is the process for the filling of reserved seats for IPs/ICCs?

A: Reserved seats for non-Moro indigenous peoples shall be filled pursuant to their customary
laws and indigenous processes (Article VII, Section 6).

Q: How does a member of the Bangsamoro Parliament forfeit his/her seat?

A: A member of the Bangsamoro Parliament shall forfeit his/her seat if:

(i) He or she resigns voluntarily through a written or oral declaration in Parliament;

(ii) He or she is convicted of a grave offense as stipulated in the House Rules that the
Bangsamoro Parliament will promulgate; or treason, high crimes, heinous crimes, crimes against
morality, or other crimes punishable by more than six (6) years;

(iii) He or she becomes permanently physically or mentally incapacitated and is unable to

discharge his/her duties as a Member of the Parliament or dies while in office;

(iv) He or she, having been elected under the proportional representation system, is replaced
with another member by the party to which he/she belongs with;

(v) He or she, having been elected under the proportional representation system, transfers to
another party during his/her incumbency as member of the Bangsamoro Parliament;

(vi) Such other grounds as may be provided under the Bangsamoro Electoral Code (Article VII,
Section 16).
Q: How will the vacancy created by the forfeiture be filled?

A: A vacancy in a Proportional Representation Seat shall be filled by the party to which that
seat belongs.

A vacancy in a District Seat previously occupied by a member affiliated to a party shall be filled
by that party, who shall nominate a replacement.

A vacancy in a District Seat previously occupied by an unaffiliated member shall be filled through
a special election conducted in the manner prescribed by law enacted by the Bangsamoro
Parliament (Article VII, Section 17).

Q: Can any political party run in the Bangsamoro elections?

A: No, only regional political parties that are duly accredited by the Bangsamoro Electoral
Office may participate in the parliamentary elections in the Bangsamoro (Article VII, Section 7).

Q: How long is the term of office of the members of the Parliament?

A: A Member of the Parliament shall serve for three (3) years, unless otherwise provided by
law passed by the Bangsamoro Parliament. However, no member shall serve for more than
three consecutive terms (Article VII, Section 11).

Q: What are the qualifications of the Members of the Parliament?

A: A member of the Bangsamoro Parliament must be a citizen of the Philippines; at least

twenty-five (25) years of age on the day of the election; able to read and write; and a registered
voter in the Bangsamoro.

In addition, a District Representative must be a registered voter of the district wherein he or she
is a candidate on the day of the filing of the certificate of candidacy; and has resided in the said
district for at least three years immediately preceding the day of the election (Article VII, Section
12).

Q: How will the election of the officers of the Bangsamoro Parliament be conducted?

A: On the first session following their election, the members of the Bangsamoro Parliament
shall, in open session, elect by a simple majority vote from all its members the Speaker, and the
other officers of the Bangsamoro Parliament as the House Rules of the Bangsamoro Parliament
may provide (Article VII, Section 20).

Q: Who is, and what are the tasks of the Presiding Officer?

A: The Speaker, the Deputy Speaker, or any other person presiding over the Bangsamoro
Parliament shall be responsible for ensuring the rights and privileges of all members and public
access to the proceedings of the Bangsamoro Parliament and its committees. He or she shall
have the authority and moral ascendancy to maintain order and decorum in the Bangsamoro
Parliament in accordance with its House Rules. He or she shall act impartially and without fear,
favor, and prejudice (Article VII, Section 21).

Q: How are executive powers exercised?

A: Executive authority shall be exercised by the Bangsamoro Cabinet which shall be headed by
a Chief Minister. The Chief Minister shall be elected by a majority vote of the Parliament from
among its members.

The Chief Minister shall appoint the Deputy Chief Minister from among the members of the
Parliament. S/he will also appoint the members of the cabinet, majority of whom shall also come
from the Parliament (Article VII, Section 3).

Q: What are the qualifications of the Chief Minister?

A: The Chief Minister shall be at least twenty-five (25) years of age at the time of the election;
a bona fide resident of the Bangsamoro for three years immediately preceding the day of the
elections; and with proven competence and probity, mentally fit, and known for his/her integrity
and high moral standards (Article VII, Section 28).

Q: What are the Powers, Duties, and Functions of the Chief Minister?
A: The Chief Minister shall exercise the following powers, duties, and functions:

(i) Heads the government of the Bangsamoro;

(ii) Appoints heads of ministries, agencies, bureaus, offices of the Bangsamoro Government, or
other officers of Bangsamoro owned or controlled corporations or entities with original charters;

(iii) Appoints other officers in the Bangsamoro Government as may be provided by the
Parliament;

(iv) Formulates platform of government subject to the approval by the Parliament;

(v) Issues executive orders and other policies of the Bangsamoro Government;

(vi) Represents the government of the Bangsamoro in affairs outside the Bangsamoro; and

(vii) Exercises such other powers and functions inherent to the position (Article VII, Section 30).

The Chief Minister shall also be an ex-officio member of the National Security Council (NSC) on
matters concerning the Bangsamoro and of the National Economic and Development Authority
Board (NEDA) (Article VII, Section 32).

Q: Why will there be a vote of no confidence against the government?

A: The Parliament may vote against the government, through a vote of no confidence by two-
thirds (2/3) of its members, for a variety of reasons, e.g., when there are serious allegations of
corruption rendering the Chief Minister or his or her Cabinet unfit to continue holding his or
her/their position/s.

Q: Who will be in charge of the Bangsamoro in case the Parliament is dissolved?

A: 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 (Article VII, Section 34).

Article VIII

Wali

Q. Who is the Wali?

A. The Wali shall be the titular head of the Bangsamoro. As titular head, the Wali shall take
on only ceremonial functions. The Wali shall also be under the supervision of the President.
Article IX

Basic Rights

Q: What are basic rights? What are their nature?

A: Basic rights are those guaranteed by the Bangsamoro Government to its constituents.
These include those already enjoyed by all Filipino citizens as well as the right to pursue
democratically political aspirations; the right of women to meaningful political participation and
protection from all forms of violence; the right to freedom from religious, ethnic, and sectarian
harassment; and the right to free public education in the elementary and high school levels
(Article IX, Section 1).

Q: How will human rights be protected in the Bangsamoro?

A: Under the draft Basic Law, all laws and policies are required to conform to international
human rights and humanitarian standards. The rights under the International Covenant on
Economic, Social, and Cultural Rights and International Covenant on Civil and Political Rights, and
other international human rights instruments are guaranteed by the National Government and
the Bangsamoro Government (Article IX, Section 2).

Q: What is the Bangsamoro Commission for the Preservation of Cultural Heritage (BCPCH)?
A: The BCPCH is created to preserve the culture, arts, and tradition of the Bangsamoro
through the management of cultural and historical sites, and establishment of libraries and
museums. Its primary responsibility includes writing the history of the Bangsamoro people and
establishing and sustaining the cultural institutions, programs, and projects in the Bangsamoro
component areas (Article IX, Sections 19 to 21).

Q: How will the right to health be promoted in the Bangsamoro?

A: The right to health is promoted through the delivery of comprehensive and integrated
health services and support for persons with disability (Article IX, Sections 15, 16).

Q: What is the transitional justice mechanism?

A: This is a mechanism to address the grievances of the Bangsamoro people, such as historical
injustices, human rights violations, marginalization through unjust dispossession of their
territorial and proprietary rights and customary land tenure (Article IX, Section 4).

Q: How will the right to political participation of sectors in the Bangsamoro be promoted?

A: Seats for IPs, women, and other sectors shall be allocated in the Bangsamoro assembly and
ministers responsible for promoting their rights and welfare may be appointed (Article IX,
Section 5, 11).
Q: What does the draft Basic Law provide on the rights of the indigenous peoples/indigenous
cultural communities (IPs/ICCs)?

A: The draft Basic Law recognizes the following rights of IPs/ICCs:

(i) Right to native titles and/or fusaka inged (Article IX, Section 5);

(ii) Preferential right to explore, develop, and utilize natural resources within areas covered by
their native titles. In case these activities are to be undertaken by the Bansgamoro Government,
or by an authorized concessionaire, the free and prior informed consent of the holder of the
native title is required (Article XIII, Section 12);

(iii) Right to an equitable share in revenues from the exploration, development, and utilization of
natural resources within areas covered by their native titles. The Bangsamoro Parliament shall
enact a law for this purpose (Article XII, Section 34; Article XIII, Section 12);

(iv) Right to political participation, including to reserved seats for non-Moro IPs/ICCs in the
Bansgamoro Parliament. The seats shall be filled pursuant to their customary laws and
indigenous processes (Article VII, Section 6);

(v) Right to education through the establishment of a tribal university system that will address
the higher educational needs of the indigenous cultural communities in the region (Article IX,
Section 14);

(vi) Recognition of a traditional/tribal justice system. The Bangsamoro Parliament shall enact
laws for this purpose, and an Office for Traditional/Tribal Justice System shall also be created
(Article X, Sections 23, 24);
(vii) Recognition of indigenous structures, or systems which promote peace, law, and order
(Article XI, Section 18);

(viii) Other rights provided in the United Nations Declaration on the Rights of Indigenous Peoples
(Article IX, Section 5).

The draft Basic Law also mandates the creation of an office for the IPs/ICCs in the Bangsamoro,
the head of which shall automatically become a member of the cabinet (Article V, Section 3,
Number 30).

Article X

Bangsamoro Justice System

Q: What is the relationship between the Shari'ah and National justice systems?

A: Under the explicit language of the draft Basic Law, the Shari’ah law shall have application
over Muslims only, and nothing shall operate to the prejudice of non-Muslims and non-
indigenous peoples. There shall be cooperation and coordination with the National Government
regarding the Shari’ah justice system (Article X, Sections 1, 2). The national justice system will
remain intact for all matters outside the jurisdiction (matters not mentioned under Article X,
Sections 5 to 7) of the Shari’ah Courts, and the inherent power of judicial review by the Supreme
Court (to review any grave abuse of discretion amounting to lack or excess of jurisdiction by the
Shari’ah Court) under Article VIII, Section 1 of the 1987 Philippine Constitution, and Rule 65 of
the Rules of Court will not be affected.
Q: What laws/matters will Shari’ah courts have jurisdiction over?

A: Shari’ah courts in the Bangsamoro shall, in addition to their jurisdiction over personal and
property relations under Presidential Decree No. 1083 otherwise known as the Muslim Code of
Personal Laws, have jurisdiction over Shari’ah commercial and criminal laws enacted by the
Bangsamoro Parliament (Article X, Sections 2, 3).

The Shari’ah District, Circuit, and High courts will have jurisdiction over matters enumerated
under Sections 5, 6, and 7 of Article X respectively.

Q: Can the Bangsamoro Parliament enact commercial and criminal laws, and are these
matters properly cognizable by Shari'ah Courts?

A: Yes. The Framework Agreement on the Bangsamoro (FAB) provides for the expansion of
the jurisdiction of the Shari’ah courts in the draft Basic Law (FAB Article III, Section 5). Moreover,
even as the Bangsamoro Parliament may enact commercial and criminal laws (in addition to
“Personal, family, and property relations”), these laws are required to be “subject to the
provisions of this Constitution and national laws” (Article X, Section 20 of the 1987 Philippine
Constitution).

Pertinently, it should be mentioned that Section 5 of R.A. 9054 (Organic Act of the ARMM)
already provides that Shari’ah Courts shall have jurisdiction over criminal and commercial cases
involving Muslims.

As for criminal laws, the draft Basic Law provides that they shall only be effective within the
territory of the Bangsamoro and shall be in accordance with the universally accepted principles
of human rights standards (Article X, Section 3).
Q: What justice institutions shall be established under the draft Basic Law?

A: The following justice institutions shall be established in the Bangsamoro:

a. The Shari’ah District, and Circuit Courts, and the Shari’ah High Court (Article X, Sections 5 to 7).

Judges/Justices of the Shari’ah courts must have the qualifications listed under Section 9, and
they will be appointed by the President through the same mechanism as judges/justices of the
regular courts [save for the additional recommendatory powers given to the Shari’ah Judicial and
Bar Council (JBC) for the national JBC’s consideration (Article X, Section 10)].

b. Shari’ah JBC shall recommend applicants to the national JBC for the positions of
judges/justices in the Shari’ah courts in the Bangsamoro. In addition, a consultant to the
national JBC shall be appointed to advise it on appointments to the Shari’ah courts in the
Bangsamoro. Its power here is merely recommendatory and does not supplant the authority of
the national JBC.

The Shari’ah JBC shall be composed of five (5) members as provided under Section 12. It may
conduct investigations over erring personnel in Shari’ah courts in the Bangsamoro, and submit
the results of such investigation to the Supreme Court for the latter’s action (Article X, Sections
10 to 13).

c. The Shari’ah Prosecutorial Service shall be part of the National Prosecutorial Service under the
Department of Justice (Article X, Section 19).

d. The Shari’ah Academy shall conduct courses and trainings on the practice of Shari’ah law in
the Bangsamoro, accredit Shari’ah courses and degrees obtained by Bangsamoro from schools
and universities abroad, and develop the curriculum of schools and universities in the
Bangsamoro (Article X, Section 20).

e. A traditional/tribal justice system shall be created by the Bangsamoro Parliament. Further, an

Office for the Traditional/Tribal Justice System shall be created which shall be responsible in
overseeing the study, preservation, and development of the tribal justice system within the
Bangsamoro (Article X, Sections 23, 24).

Q: Does the phrase “final and executory” under Section 7 reduce the power of the Supreme
Court?

A: No. Even if the draft Basic Law, or any other law for that matter, provides for the foregoing
language, this will not, as it does not, deprive the Supreme Court of its inherent power of judicial
review, i.e., to determine whether or not there has been grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of the Shari’ah High Court, as this is provided under
Article VIII Section 1 of the 1987 Philippine Constitution.

Article XI

Public Order and Safety

Q: What is the relationship between the Bangsamoro Police and the Philippine National Police
(PNP)?
A: The Bangsamoro Police shall be part of the PNP. As with the PNP as a whole, it shall be
professional, civilian in character, fair and impartial, free from partisan political control, and
accountable under the law for its actions (Article XI, Section 2).

Q: What is the relationship of the Bangsamoro with the Armed Forces of the Philippines
(AFP)?

A: The defense and security of the Bangsamoro shall be the responsibility of the National
Government. The National Govermment may create a Bangsamoro Command of the AFP
(Article XI, Section 15).

Q: What is the relationship between the Bangsamoro Regional Police Board (BPRB) and the
NAPOLCOM?

A: The BPRB shall be part of the NAPOLCOM and will perform the functions of the
NAPOLCOM in the region. The members of the Board shall be composed of the members of the
Bangsamoro Parliament and representatives from various sectors (Article XI, Sections 5, 6).

Q: Who shall head the Bangsamoro Police?

A: A director, assisted by two deputies, shall head the Bangsamoro Police (Article XI, Section
4).
Q: Can the Bangsamoro Parliament enact laws to govern the Bangsamoro Police? Will these
be consistent with Republic Act No. 6975?

A: Yes, the draft Basic Law specifically authorizes the Bangsamoro Parliament to enact laws on
the Bangsamoro Police (Article XI, Section 12). Article X, Section 20 of the 1987 Philippine
Constitution requires laws enacted by the Bangsamoro Parliament on general welfare to be
consistent with national laws such as Republic Act No. 6975.

Article XII

Fiscal Autonomy

Q: What is the goal of the article on Fiscal Autonomy?

A: Its main objective is to make the Bangsamoro Government fiscally autonomous (Article XII,
Section 1). The funding mechanisms employed in this law will allow the Bangsamoro
Government to become self-sufficient and to eventually no longer need funding from the
National Government to provide for the needs of its constituents.

Q: What taxing powers are to be devolved to the Bangsamoro Government?

A: Apart from the taxes that were granted previously to the ARMM, the Bangsamoro
Government can now impose and collect four national taxes – Capital Gains Tax, Donor’s Tax,
Estate Tax, and Documentary Stamp Taxes provided that all the taxable elements are within the
Bangsamoro (Article XII, Section 9).

Q: Will the Bangsamoro Government get a share in the taxes that will continue to be levied by
the National Government?

A: Yes. As for national taxes, fees, and charges collected by the National Government within
the Bangsamoro, 75% shall be shared with the Bangsamoro and its constituent local government
units. The ARMM currently gets a 70% share (Article XII, Section 10).

These national taxes include income taxes, VAT, and other percentage taxes; but exclude tariff
and customs duties.

Q: Who will conduct tax administration within the Bangsamoro?

A: The Bangsamoro Government may create its own tax office to collect taxes in the
Bangsamoro (Article XII, Section 11).

The National Government will assist the Bangsamoro Government in the matters of tax
administration and fiscal management. This assistance shall include capacity building and
training programs in accordance with a needs assessment and capacity building plan developed
by the Bangsamoro Government in consultation with the National Government (Article XII,
Section 4).
Q: What is the Annual Block Grant (ABG)?

A: The ABG refers to the automatic appropriation that will be released regularly to the
Bangsamoro Government (Article XII, Section 17).

Q: How much is the ABG?

A: For the budget year immediately following the year the draft Basic Law takes effect, the
amount of the ABG shall be equivalent to four percent (4%) of the net national internal revenue
collection of the BIR, less the internal revenue allotment of local government units.

The ABG may however be adjusted if there occurs (a) a change in the total land area of the
Bangsamoro (e.g. if not all the LGUs mentioned in the law and the FAB vote to be part of the
Bangsamoro); and (b) unmanageable fiscal deficit – in which case the ABG may be decreased
(Article XII, Section 16).

Q: Will the Bangsamoro Government receive other amounts from the National Government?

A: Yes, the Bangsamoro Government will receive additional funds that would subsidize
expenditures for development projects and infrastructure projects in the first years of the
Bangsamoro (Article XII, Section 21). A Special Development Fund (SDF) will also be established
for the rehabilitation of the region (Article XIV). The Bangsamoro Transition Authority (BTA) will
also receive an initial funding to enable it to organize the bureaucracy, hire personnel, and
exercise its functions (Article XVI, Section 13).

Q: Are the amounts appropriated for the Bangsamoro excessive?

A: The funding support to the Bangsamoro Government (i.e., the ABG, the SDF, the subsidies,
the BTA funding) is what the National Government deems sufficient and necessary considering
(i) the amounts received from the National Government by other similarly-situated regions such
as Regions VIII and XII (the regions with the second and third highest poverty incidence in its
populations); (ii) the amounts currently being received by the ARMM Government; and (iii) the
need for the Bangsamoro region to catch up with the rest of the country.

Q: What are the Bangsamoro Government’s other sources of revenue?

A: The other revenue sources are:

(a) Loans, whether foreign or domestic, which the Bangsamoro Government is authorized to
contract (Article XII, Section 22 A);

(b) Bangsamoro Government bills, bonds, notes, debentures, etc. (Article XII, Section 22 B);

(c) Overseas Development Assistance (Article XII, Section 23);

(d) Grants and donations (Article XII, Section 24);

(e) Share in the GOCCs operating in the Bangamoro. The share shall be determined through the
intergovernmental relations mechanism (Article XII, Section 31);

(f) Share in the government revenues derived from the exploration, development, and utilization
of natural resources (Article XII, Section 32)

(i) Non-metallic – 100%

(ii) Metallic – 75%

(iii) Fossil fuels and uranium – 50%;

To ensure that the local communities are not deprived of their share, the Basic Law mandates
that the Bangsamoro Government enact a law that will provide the necessary details for the
required shares of the local government units and the affected indigenous peoples.

The draft Basic Law also provides that revenues from the (a) additional taxes beyond those
already devolved to the ARMM; and (b) the exploration, development, and utilization of natural
resources shall be deducted from the ABG. Thus, eventually, when the Bangsamoro Government
is able to increase its revenue collection such that it is equivalent to or more than the ABG, the
National Government will no longer provide any funding to the Bangsamoro Government (Article
XII, Section 19).

Q: Will there be a mechanism to settle any issues/disagreements between the Bangsamoro

and National Governments as to financial matters?
A: To settle any issue as to taxes and other financial matters, an Intergovernmental Fiscal
Policy Board shall be created where the relevant agencies of the Bangsamoro Government and
the National Government will be represented including the Department of Finance (Article XII,
Section 35).

Q: How do we ensure that Bangsamoro revenues will be used judiciously?

A: The Bangsamoro Parliament shall enact an appropriations act to determine how the ABG,
other budgetary transfers, and government revenues of the Bangsamoro shall be appropriated.
In addition, the Bangsamoro auditing office and the Commission on Audit are expected to
exercise their auditing responsibilities.

Article XIII

Economy and Patrimony

Q: What is the scope of the Bangsamoro Government’s powers over natural, energy, and
mining resources?

A: The Bangsamoro Government’s authority over the exploration, development, and

utilization of resources include:

First, the Bangsamoro Government shall have the power to declare nature reserves, aquatic
parks, forests, watershed reservations, and protected areas in the Bangsamoro. Protected areas
that are currently under the management of the National Government shall be transferred to
the Bangsamoro Government within a period not exceeding two (2) years (Article XIII, Sections 8,
9).

Second, the Bangsamoro Government shall have exclusive powers to regulate, manage, and
protect inland waters in the Bangsamoro (Article XIII, Sections 22).

Third, the National and Bangsamoro Governments shall jointly explore, develop, and utilize fossil
fuels and uranium in the Bangsamoro (Article XIII, Section 10).

Fourth, the entry into Financial and Technical Assistance Agreements over mineral resources in
the Bangsamoro by the President shall be upon the recommendation of the Bangsamoro
Government (Article XIII, Section 14).

Q: What is the scope of the Bangsamoro Government’s power over trade and industry?

A: The Bangsamoro Government shall have the following powers over trade and industry: it
shall promote a domestic trade preference for goods produced and materials sourced in the
Bangsamoro; it may participate in trade missions and fairs in other countries; and it may conduct
barter trade and counter-trade with ASEAN countries (Article XIII, Sections 24, 25).

Q: Can the Bangsamoro Government establish economic zones, industrial estates, and free
ports in the Bangsamoro?

A: Yes, the Bangsamoro Government shall have the authority to do this. The Bangsamoro
Government may extend the same fiscal incentives to locators in its economic zones/industrial
estates/free ports, as those in areas outside the Bangsamoro (Article XIII, Section 26).

Q: What are the Zones of Joint Cooperation? Is it part of the Bangsamoro territory?

A: No, the Zones are not part of the Bangsamoro Territory. It shall be located in the Sulu Sea
and the Moro Gulf, and is created for, among others, the protection of traditional fishing grounds
and the exploration, development, and utilization of non-living resources therein. The Zones
shall be regulated by a Joint Body composed of officials from the National and Bangsamoro
Governments, as well as representatives from adjoining/adjacent local government units (Article
XIII, Sections 18 to 20).

Article XIV

Rehabilitation

Q: Why is a separate article on Rehabilitation and Development necessary?

A: Article XIV recognizes that the current ARMM region (which forms part of the core territory
of the Bangsamoro) is the poorest region in the country. Thus, to enable the region to catch up
with the rest of the country, the National Government pledges funding support for
rehabilitation, reconstruction, and development programs of the Bangsamoro Government. The
Special Development Fund (SDF) will be set up for these purposes, and shall be in an amount of
Php 17 billion, with Php 7 billion allocated for the first year from the enactment of the law, and
the balance to be paid out in equal installments of Php 2 billion over the course of five (5) years.

Article XV

Plebisicite

Q: Where will the plebiscite for the creation of the Bangsamoro be conducted?

A: The plebiscite for the creation of the Bangsamoro shall be conducted in (a) the present
geographical area of the Autonomous Region in Muslim Mindanao; (b) the Municipalities of
Baloi, Munai, Nunungan, Pantar, Tagoloan and Tangkal in the province of Lanao del Norte and all
other barangays in the Municipalities of Kabacan, Carmen, Aleosan, Pigkawayan, Pikit and
Midsayap that voted for inclusion in the ARMM during the 2001 plebiscite; (c) the cities of
Cotabato and Isabela; and (d) all other contiguous areas where there is a resolution of the local
government unit or a petition of at least ten percent (10%) of the registered voters in the area
asking for their inclusion at least two months prior to the conduct of the ratification of the Basic
Law.

Q: After the creation of the Bangsamoro, can an interested local government unit still join the
region?

A: After the creation of the Bangsamoro, any contiguous local government unit or geographic
area outside the Bangsamoro may, by a verified petition filed by at least 10% of its registered
voters, ask for its inclusion in the Bangsamoro and for the conduct of a plebiscite for that
purpose.

Article XVI

Bangsamoro Transition Authority

Q: What will happen in the period between the ratification of the draft Basic Law in a
plebiscite and the assumption into office of the elected members of the Bangsamoro
Parliament?

A: The Bangsamoro Transition Authority (BTA) shall serve as the interim government of the
Bangsamoro during this period, and shall exercise executive and legislative functions for this
purpose (Article XVI, Sections 2 and 3).

The BTA shall operate in accordance with the Basic Law and a Transition Plan to be crafted by
them. The interim Chief Minister shall prepare and submit a Transition Plan within sixty days
from ratification of the Basic Law for approval by the rest of the BTA. Subsequently, the BTA shall
act on or approve the Transition Plan within ten days from submission. The Transition Plan will
be implemented within fifteen days from the approval by the BTA.

Q: Under the draft Basic Law, the President is authorized to appoint all fifty members of the
BTA. Who will the members be?
A: The Moro Islamic Liberation Front shall lead the BTA. At the same time, there are several
safeguards to ensure that the BTA composition is representative and inclusive. The draft Basic
Law expressly mandates that non-Moro IPs/ICCs, women, settler communities, and other sectors
shall be represented in the BTA. Further, the process of appointment allows for the submission
of nominations to the Office of the President (Article XVI, Section 2).

Q: What will happen to ARMM employees and other employees of national government
agencies whose functions will now be devolved to the Bangsamoro Government?

A: All employees affected by the gradual phase-out of the ARMM and regional offices of
national government agencies may be absorbed, transferred, or separated from service.
Separation pay and other benefits required to be paid under law shall be paid to these affected
employees by the National Government (Article XVI, Sections 9, 10).

With specific regard to ARMM Government employees, appointive officials of the ARMM
Government shall continue to exercise their functions during the phase-out. The absorption or
re-hiring of ARMM Government employees shall be in accordance with a placement and hiring
process established by the BTA (Article XVI, Section 9).
President Benigno Simeon Aquino III and his cohorts would like us to believe that the
Bangsamoro Basic Law (BBL) is the only way to peace in Mindanao. Thinking that Filipinos are
naive and ignorant, they want it to be passed and accepted notwithstanding the ire of the nation
and the rational opposition of some politicians. Mirriam Coronel-Ferrer though, made an honest
revelation, one which the Filipino people knew all along. In an interview conducted by the
Philippine News Agency on March 2, she said passing the draft BBL into a law will not totally
solve the conflict in Mindanao as there are still other armed groups that are sowing chaos in the
region. “BBL is not equal to peace, it’s too narrow a view,” she stressed.

So, why insist on the BBL if it does not guarantee peace in Mindanao? What, then, will it bring to
the region?

First, it legalizes the existence of the MILF. Commander Mohagher Iqbal nailed it on the head
when he said that “the MILF remains a revolutionary group in the absence of the BBL”. From
being a revolutionary group, its members now stand a chance to be the lawfully recognized
leaders of the Bangsamoro entity once the BBL is passed. If this happens, I am curious as to how
the MILF will treat the other armed groups such as the Moro National Liberation Front (MNLF),
Bangsamoro Islamic Freedom Fighters (BIFF), Abu Sayyaf and the newly-organized Justice for
Islamic Movement (JIM). Will the Bangsamoro police go toe to toe with them or at least exercise
its lawful authority to apprehend or arrest them?

Under the Draft Bangsamoro Basic Law, the Bangsamoro Government shall have the primary
responsibility over public order and safety (Art. 5 Sec. 2 No 14). This leaves the Central
Government with its Armed Forces and National Police safeguarding only the region’s external
security (Art. 5 Sec. 1 No 1). So, if there are dubious characters in the region that needed to be
arrested the Central Government must coordinate and cooperate with the Bangsamoro
Government before it can be done (Art. 5 Sec. 2 No. 14). As if with coordination and cooperation
it can really be done!
The worse that can happen is to make Mindanao a haven of revolutionary Muslim groups, both
local and international, that harbor the aspiration of establishing a Muslim caliphate through
terroristic activities or Islamic revolution. These groups operate through a network. The ties that
bind them are soaked in blood. They may employ different means or strategies but surely they
are motivated by the same goal, that of self-determination and eventually independence. The
Draft BBL says, “The Bangsamoro Parliament shall adopt the official flag, emblem and anthem of
the Bangsamoro” (Art II Sec. 3).

Second, it guarantees the flow of money in Mindanao. The Central government is mandated
under the Draft BBL to give an annual block grant to the Bangsamoro which is estimated to be in
the billions of pesos on top of the region’s revenue from its own GOCCs, taxes, business fees,
ports’ collections, mining fees and the cultivation of its other natural resources among others.
This block grant shall automatically be given without the necessary red tape that usually mars
government transactions (Art. 7 Sec. 17). As if these are not enough, the Central government
shall provide for additional funds that would subsidize expenditures for development projects
and infrastructure immediately after the ratification of the BBL for the next five years (Art. 7 Sec.
21). Also, the twenty five percent (25%) that the Central government supposedly gets from
taxes, fees and charges collected in the Bangsamoro shall be retained by the Bangsamoro
government for a period of ten (10) years and may even be extended upon mutual agreement of
the Central and Bangsamoro governments (Art. 7 Sec. 10).

Just like in the Autonomous Region of Muslim Mindanao (ARMM), money will not be a problem,
too, for the Bangsamoro. The concern is its management. If it is not judiciously spent and
religiously audited, we will continue to see in Mindanao bridges made of wood just like the one
in Mamasapano, unpaved roads, dilapidated classrooms, unrealized infrastructure projects and
the most obvious sign of underdevelopment and inequality, mansions for its politicians and
“barong-barong” for ordinary Mindanaoans.

Third, it assures the Bangsamoro of its right to self-governance. To make it appear that the
powers of the Central Government are not compromised and the right to self rule of the
Bangsamoro is not jeopardized, the Draft BBL came up with the words coordination and
cooperation on matters that may potentially undermine both. The problem is the extent of
coordination and cooperation is not clearly spelled out, hence, there’s a difficulty in determining
what really ought to be done and what shouldn’t be. After reading the Draft though, I got the
impression that the Bangsamoro’s right to self-rule seems to be favored with the Central
Government maybe consciously and slowly allowing the island of Mindanao to slip from its grip.
Under these circumstances, it is understandable why the MILF would so suddenly abandon their
long held aspiration for independence and merely settle for “autonomy”. Unlike the ARMM, the
deal that they got from the government is simply better, more financially rewarding and to a
greater degree, one that has less Central Government control and intervention. Not surprisingly,
Iqbal wouldn’t want a “watered down” version of the Draft because the present one is the
closest they have to gaining their independence.

Peace, under the Draft BBL, would seem to be a mere consequence of power, financial stability
and the “autonomous” government granted to the Bangsamoro under most probably the MILF.
From the looks of it, the government is seemingly held hostage to deliver without any substantial
changes and in toto the Draft BBL. Iqbal already made a veiled threat that they are always ready
in the event that the BBL will not be passed. But even granting that it is approved, expect Al Hajj
Ebrahim Murad and his MILF to start the fireworks in Mindanao once again if it is not according
to their liking.

President Benigno Simeon Aquino III and his cohorts would like us to believe that the
Bangsamoro Basic Law (BBL) is the only way to peace in Mindanao. Thinking that Filipinos are
naive and ignorant, they want it to be passed and accepted notwithstanding the ire of the nation
and the rational opposition of some politicians. Mirriam Coronel-Ferrer though, made an honest
revelation, one which the Filipino people knew all along. In an interview conducted by the
Philippine News Agency on March 2, she said passing the draft BBL into a law will not totally
solve the conflict in Mindanao as there are still other armed groups that are sowing chaos in the
region. “BBL is not equal to peace, it’s too narrow a view,” she stressed.

So, why insist on the BBL if it does not guarantee peace in Mindanao? What, then, will it bring to
the region?

First, it legalizes the existence of the MILF. Commander Mohagher Iqbal nailed it on the head
when he said that “the MILF remains a revolutionary group in the absence of the BBL”. From
being a revolutionary group, its members now stand a chance to be the lawfully recognized
leaders of the Bangsamoro entity once the BBL is passed. If this happens, I am curious as to how
the MILF will treat the other armed groups such as the Moro National Liberation Front (MNLF),
Bangsamoro Islamic Freedom Fighters (BIFF), Abu Sayyaf and the newly-organized Justice for
Islamic Movement (JIM). Will the Bangsamoro police go toe to toe with them or at least exercise
its lawful authority to apprehend or arrest them?
Under the Draft Bangsamoro Basic Law, the Bangsamoro Government shall have the primary
responsibility over public order and safety (Art. 5 Sec. 2 No 14). This leaves the Central
Government with its Armed Forces and National Police safeguarding only the region’s external
security (Art. 5 Sec. 1 No 1). So, if there are dubious characters in the region that needed to be
arrested the Central Government must coordinate and cooperate with the Bangsamoro
Government before it can be done (Art. 5 Sec. 2 No. 14). As if with coordination and cooperation
it can really be done!

The worse that can happen is to make Mindanao a haven of revolutionary Muslim groups, both
local and international, that harbor the aspiration of establishing a Muslim caliphate through
terroristic activities or Islamic revolution. These groups operate through a network. The ties that
bind them are soaked in blood. They may employ different means or strategies but surely they
are motivated by the same goal, that of self-determination and eventually independence. The
Draft BBL says, “The Bangsamoro Parliament shall adopt the official flag, emblem and anthem of
the Bangsamoro” (Art II Sec. 3).

Second, it guarantees the flow of money in Mindanao. The Central government is mandated
under the Draft BBL to give an annual block grant to the Bangsamoro which is estimated to be in
the billions of pesos on top of the region’s revenue from its own GOCCs, taxes, business fees,
ports’ collections, mining fees and the cultivation of its other natural resources among others.
This block grant shall automatically be given without the necessary red tape that usually mars
government transactions (Art. 7 Sec. 17). As if these are not enough, the Central government
shall provide for additional funds that would subsidize expenditures for development projects
and infrastructure immediately after the ratification of the BBL for the next five years (Art. 7 Sec.
21). Also, the twenty five percent (25%) that the Central government supposedly gets from
taxes, fees and charges collected in the Bangsamoro shall be retained by the Bangsamoro
government for a period of ten (10) years and may even be extended upon mutual agreement of
the Central and Bangsamoro governments (Art. 7 Sec. 10).

Just like in the Autonomous Region of Muslim Mindanao (ARMM), money will not be a problem,
too, for the Bangsamoro. The concern is its management. If it is not judiciously spent and
religiously audited, we will continue to see in Mindanao bridges made of wood just like the one
in Mamasapano, unpaved roads, dilapidated classrooms, unrealized infrastructure projects and
the most obvious sign of underdevelopment and inequality, mansions for its politicians and
“barong-barong” for ordinary Mindanaoans.
Third, it assures the Bangsamoro of its right to self-governance. To make it appear that the
powers of the Central Government are not compromised and the right to self rule of the
Bangsamoro is not jeopardized, the Draft BBL came up with the words coordination and
cooperation on matters that may potentially undermine both. The problem is the extent of
coordination and cooperation is not clearly spelled out, hence, there’s a difficulty in determining
what really ought to be done and what shouldn’t be. After reading the Draft though, I got the
impression that the Bangsamoro’s right to self-rule seems to be favored with the Central
Government maybe consciously and slowly allowing the island of Mindanao to slip from its grip.

Under these circumstances, it is understandable why the MILF would so suddenly abandon their
long held aspiration for independence and merely settle for “autonomy”. Unlike the ARMM, the
deal that they got from the government is simply better, more financially rewarding and to a
greater degree, one that has less Central Government control and intervention. Not surprisingly,
Iqbal wouldn’t want a “watered down” version of the Draft because the present one is the
closest they have to gaining their independence.

Peace, under the Draft BBL, would seem to be a mere consequence of power, financial stability
and the “autonomous” government granted to the Bangsamoro under most probably the MILF.
From the looks of it, the government is seemingly held hostage to deliver without any substantial
changes and in toto the Draft BBL. Iqbal already made a veiled threat that they are always ready
in the event that the BBL will not be passed. But even granting that it is approved, expect Al Hajj
Ebrahim Murad and his MILF to start the fireworks in Mindanao once again if it is not according
to their liking.

“On the first year alone of the Bangsamoro establishment, the projected minimum cost is P75
billion,” Recto said, citing official estimates on the fiscal impact of the creation of the so-called
Bangsamoro.

---------

BBL unconstitutional – Miriam

by Mario Casayuran

February 14, 2015

Share2.8K Tweet22 Share0 Email4 Share4.5K

Sen. Miriam Defensor Santiago yesterday said the proposed Bangsamoro Basic Law (BBL)
designed by negotiators to bring peace in violence-wracked Mindanao is unconstitutional, citing
her committee report which she will soon release.

In a press briefing after her appearance before the Senate Public Order Committee chaired by
Sen. Grace Poe on the Mamasapano incident last Thursday, Santiago said that in her view “the
BBL is unconstitutional because it violates what the Constitution provides for as national
sovereignty and territorial integrity of our country.”

“Those are the guidelines set by the Constitution in providing for autonomous regions for
regional authority. It’s obvious that in the contemplation of the Constitution, the territorial units
of our country are provinces, cities, barangays, municipalities, and autonomous regions. There’s
no mention at all of a sub-state. That’s what they are proposing, a sub-state. That’s why in my
view as a scholar or as a student of constitutional law, it is unconstitutional,” Santiago said.

While the measure could be fine-tuned, Santiago said she is being hampered by the fact that the
Mamasapano incident that left 44 police commandos dead led her to believe that the Moro
Islamic Liberation Front (MILF) could not be trusted.

“Kasi hindi naman sila dapat ang kalaban natin, eh. Ang kalaban natin yung dalawang terrorista.
Eh, bakit kinupkop nila doon sa territoryo nila (The MILF is not our enemy but why was it that
they have been coddling the two terrorists. Both are bomb experts),” Santiago said.

Since the MILF showed patent lack of sincerity, Santiago asked: “So, how can we pass a law to
accommodate the wishes of our partner who is not in good faith?”

“Please remember, under the BBL, the results of the deliberations in Congress we will be
submitted to a plebiscite participated in only by the people of Bangsamoro, not the entire
country. That is contrary to the Constitution,” she said.

Santiago also took to task the framers of the BBL for incorporating provisions that are not in the
Constitution.

“That is my direct objection. Parang ang attitude nila, palitan niyo ang Constitution nyo para
makuha namin ang gusto namin (Their attitude is to amend the Constitution to get what they
wanted). How impudent,” she added.

Since there are three Senate committees assigned to fine-tune the BBL, Santiago admitted that
“it is hard to predict what will happen.”

Sen. Ferdinand “Bongbong” R. Marcos Jr., chairman of the Senate Local Government Committee
which is the lead panel that would sponsor the BBL on the Senate floor, had said the BBL is in a
coma. He had earlier temporarily stopped committee hearings on the BBL following the
Mamasapano tragedy.

The reports of Santiago’s Committee on Constitutional Amendments and the Senate Peace,
Unification, and Reconciliation Committee of Sen. Teofisto Guingona III are to be submitted to
the Marcos committee.

Marcos himself said he does not want to be bound by a Congress-set timetable to have the BBL
passed before the Senate and the House of Representatives go on a six-week leave starting
March 20.

Another reason is that the Senate does not want to touch the BBL for the meantime.

The lethargy or aloofness of the Senate in handling the BBL has been caused by the massacre of
44 Philippine National Police-Special Action Force (PNP-SAF) commandos in a supposed
“misencounter” with fighters of the secessionist MILF and the Bangsamoro Islamic Freedom
Fighters (BIFF) in Mamasapano, Maguindanao, last Jan. 25 while on a mission to arrest two
terrorists – Malaysian Zufikli Bin Hir and Filipino Abdul Basit Usman.

Senate President Pro Tempore Ralph G. Recto and Sen. Pilar “Pia” S. Cayetano said the Senate is
not a “rubber stamp” that would blindly pass the measure.

President Aquino wants the BBL enacted into law and hopes to leave it as his legacy to Muslim
Mindanao before he bows out after his six-year tenure lapses in June, 2016.

Before the Mamasapano incident took place, the Marcos and Guingona committees were
scheduled to hold hearings on the BBL in Sulu and Zamboanga in the first week of this month.

From Around the Web

Read more at http://www.mb.com.ph/bbl-unconstitutional-miriam/#VfIl6SDYwh2lErRe.99

=============================================

Being a Christian I can not fully understand their culture and beliefs, as well as the the Central
Government MAY not- that is why the Aquino government is convinced that we must let them
govern their own land and people with respect to that religious beliefs and culture. It is always
practical to elect a leader that knows his constituents very well - and most of the times, among
them; like in the Muslim territory, a natural born Moro.

The Bangsamoro Basic Law will replace and abolish the Autonomous Region Muslim Mindanao
(ARMM) Organic Act. BBL is an enhanced version of the existing ARMM. The said Law's primary
aim is to promote long-term peace and ensure development and progress in the Bangsamoro
region and to secure their identity being Moros. This road to peace process took us seventeen
years(17) to realize.

According to former DILG secretary Rafael Alunan III (in an interview), many were not consulted -
they said it's half-baked that is why many factions arise. Before ratification there must be
consultation first on the concerned people. To quote "Intent is good to bring peace to Mindanao
but if it is not done right we're not gonna have peace but war." As he said BBL is a fait accompli.
That is his sole opinion.

In my own opinion, there is no substantial reason why I can not say YES to BBL after reading and
understanding the draft. I have scanned the hundred-page draft of it to be ratified in Congress
(that means still remains a "Bill" and not a "Law" yet unless ratified - passed in the scrutinizing
and approval of the Philippine Congress consists of the senate and the house of representatives).
Take note, dear readers - it is not President Aquino's approval that is considered here BUT the
approval of each of the senators and the representatives that we, the public, have chosen and
have elected in every district or province in the whole country. We literally put our trust in them
when we have voted for them during the election. That is why, I am sure that we will all agree
on this, that they know what they are doing- and they have us always in mind in every decisions
they make or approve of.

Talking about the rebels and what had happened in the recent Mamasapano massacre - if we get
too emotional, we can sacrifice the future of millions of youth and their families who are just
ordinary people living within the Bangsamoro territory. And to share what I have learned from
some research - the armed groups, as we know, is the product of the 1954 Martial Law declared
by the late Ferdinand Marcos. The MNLF (Moro National Liberation Front), MILF (Moro Islamic
Liberation Front) and BIFF (Bangsamoro Islamic Freedom Fighters) they are different from each
other. MNLF is the parent organization from which the two came from. MILF is the
disgruntled/dissatisfied members of MNLF - they formed another group when MNLF decided to
unite with the Central Government (the Phil. Gov't.). And the BIFF - is the offspring of
discontented MILF members who then decided to establish another group apart from them. To
sum it up, every time the group of rebels decided to connect with the government there is
always one or two members who would not cooperate and their option is to create another
rebel group. These rebels are just fraction of the entire Bangsamoro population that the
government has taken into consideration upon bridging the gaps between the Philippine
Government and the Bangsamoros. We must understand that rebellion is not the heart of all
Moros - father, mother and children. In fact, they opted for peace, recently about two million of
the ordinary population has been displaced after the military has launched attack in
Maguindanao to go after the rebels. I have heard in an interview with the BIFF spokesperson
Misry Mama that they have no intention of returning the guns they have seized from Fallen 44
and they do not agree on BBL - I remember him saying "all out war" with the government that
maybe prompted the government to send military forces in their area. The grenade and gun
factory belongs to them. MILF denied that they are the ones who get the uniforms and the guns
but in the event of returning the armaments - it was discovered that one of the guns belonged to
the recorded barbarous killing of a SAF member who was twice shot in the head. MILF returned
the guns, they said they just found after the incident denying the overkill but they really
participated alerted that they maybe the target of the SAF attack - that has not been coordinated
by the government to them. Anyway whatever and whoever who must have done this must be
surrendered or yielded by the MILF to pay for it. We can not afford injustice to our beloved
fallen heroes but let us not SACRIFICE the welfare of the many common people if we do not
approve of BBL.

BBL has a provision of FULL DISCLOSURE Policy of budget and finances - including revenues and
expenditures meaning, the Central Government (Phil. Gov't.) will be well-aware and informed of
the projects funded by the collected regional revenues - this answered my fear of the Moros (I
wrote in my Fallen 44 Reaction Updated) might fund training of more rebels or weapons factory.

And to think of it thoroughly, the Moros can just have their revenues on their own, if they did
not really wanted PEACE and they opted for more funds. They would not allow the central
government to intervene with their activities too - because we all know that they can fight and
they could hold innocent hostages to get what they wanted. Let us put our TRUST in them. In
one of the BBL provisions it is stated there that the Bangsamoro Government shall share
revenues from the region with the Central Governement (Phil. Gov't) - revenues from natural
resources like crops all theirs, on mettalic 25 % shall be for the Central Gov't. and on non-
metallic (such as gas) 50-50 sharing.

From all the taxes they will be charging their constituents - four percent (4%) of which is to the
Central Government. That is because the Bangsamoro Gov't. shall be responsible for the
healthcare, education and well-being as well as employment opportunities in the the region -
that is an additional source of fund for those undertakings.

I scanned some other important details/provisions of the BBL Draft (I did not discussed above):

- whom shall be called Bangsamoros,

- what consists of their territory

- they have their own flag, national anthem, and emblem.

- the creation of Bangsamoro as a Political Entity (still under the Philippine's Central
Government whose commander-in-chief remains to be the President of the Republic)

-Inter-governmental Policies - there are actions that the Central Gov't shall be informed
especially if foreign dealings might risk National Security. The Central Government shall send
people to check if the policies of the BBL and the agrement is well-followed.

-BBL will also create a BTC (Bangsamoro Transition Commission) to take care of the region while
still waiting for the May 2016 Elections for them to elect their "Chief Minister".

- Shari'ah Courts shall be strengthened but applicable ONLY to Muslims and the Civil Courts shall
be maintained for the non-Muslims in their territory.

- the Rights of the IPs (Indigenous People) shall be well-respected

- the police force is still under the Central Government (Philippines). The Chief shall be a
Moro/Muslim but with 10 yrs. or more experience as a Police Superintendent, they will choose
from the existing PNP.

-Plebiscite shall be held after the BBL Draft is passed in the Congress - to determine the
territories/people who wanted to be part of the Bangsamoro. All those who belong to the
ARMM shall automatically be included - the baranggays and municipalities or cities. Requesting
Barangays with at least ten valid registered voters shall be included.

It is a YES to BBL for me. Let us not be carried-away by others opinion about it. We can study it
on our own. I have provided the link of the BBL DRAFT below for your perusal and make your
own decisions as to support it or not. Let us be informed before giving conclusion. And most of
all, let us give our brothers the chance to have self-governance/self-determination, and be
fathered by our National Government. Although we can not really blame the government, as the
Moros said they had been neglected - before, they never wanted to be part of the country until
ARMM Organic Act came. BBL is just a proof that the ARMM region we knew today recognizes
the Philippine Government being the higher authority to influence and impart on their growth -
economically and in all aspects; simultaneously keeping their culture and beliefs.

--------------

Sorry for the delayed release of this post. I need to understand BBL that well because I find
responsibility of providing you with the correct information about it before I can give my
"reaction". I find it hard too get a complete and reliable source of the "BBL Draft" for my own
study of it combined with my slow internet connection and the "hanging" problem of my PC...I
remember I put my advisory of writing this on the "Site Advisory" page of my site weeks ago...

To my students page visitors, I advised you to read it but do not copy the whole article...and that
is plagiarism! You may be caught of having similar "Reaction Papers" - there is nothing wrong
with your opinions - justifying it gives color. Write it on your own understanding, in your own
words. It does not really matter if we have the same opinion or not on the issue. What matters
is you can justify yours to make your paper convincing and powerful. It must have an
introduction, your reaction (the body), the summary and the closing shall be your own
recommendation/suggestion. I will also appreciate your telling my site to your friends - and be
back after your assignments are submitted. This site has more to offer than your assignments :)
====================================

Practicability:

Establishing another government in only one country cannot be part of the right ways or
solutions of every problem. The plan of BANGSAMORO transitional government for Mindanao
must be abort as to prevent another problem that can complicate the situations in a country.Just
take a look back during the time of Governor Nur Misuari which the National government is
providing and allocating enough funds for Mindanao, but there is no transparent liquidation
upon spending of it that really injustice in part of the others. Establishing the BANGSAMORO
transitional government for Mindanao can be the starting point as to enter the open door that
some Muslim leaders can procure big amount of funds for their personal interest which maybe
or it can be to make their tribes grows and grows as to have enough strengths to against the
National government in order to dominate the whole and entire country. And it cannot be part
of my pleasure and peace of mind to see and observe that the government of the Philippines will
dominates by the Muslim mentalities, behaviors, attitudes or else principles and theories. None
of both Christian and Muslim or Islam principles can be applicable as to have right, good and
responsible government in every country. Likewise, there is no right reason for us to establish
another government in the Philippines even however right rules of laws that govern of it.