Franz Delgado

Topic: Bangsamoro Basic Law

Thesis: Bangsamoro Basic Law should not be passed because of some biased
articles included.

Succession or Secession

The peace in the Philippines is a long complicated story. We have different

armed violence occurring in Mindanao such as bombings, slaughters, massacres
and a lot of threats menacing our national security. And this happened because of
dissatisfying the wants of the rebellion. That is why our fellow Filipinos crave for a
peaceful society over these past decades of quarrels and disputes with the MILF in
Mindanao. With all the lives wasted, we need an action to avoid future possible
catalysts of life-stealing wars.

This would only happen if both sides attained

satisfaction in accordance with the agreement they will arrange.

Passing the Bangsamoro Basic Law is a suggestion. It will create the
Bangsamoro political entity which may be the key to eradicate the conflict between
the Government and the MILF. The purpose of this law, according to the Office of the
Presidential Adviser on the Peace Process, is to create the new Bangsamoro entity
and offer a government concerning the hopes and dreams of the Bangsamoro
people (Iqbal et al., 2014). This political entity consisting of people, territory, and
government will have its own distinct political, economic, and social schemes
suitable to the life and culture of the Bangsamoro people. In addition, it will also
create the Bangsamoro Basic Law that establishes the Bangsamoro government and
defines its authorities and structure just like a country with power and control.
Question is, who will make the Bangsamoro Basic law?

This Bangsamoro

Basic Law for the new Bangsamoro Entity will be drafted by Bangsamoro Transition
Commission.
This authorized body, created by Executive Order 120, is composed of fifteen
members all of whom are Bangsamoro and appointed by the President. Eight

members, including the chairman Hon. Mohagher Iqbal, were selected by the MILF
while seven members were selected by the government. These 15 members of the
commission shall draft the Bangsamoro Basic by these following principles. First:
The BTC shall work as one body sharing a common vision for the peace and
progress of the Bangsamoro region, which shall be embodied in a Basic Law, based
upon the Framework Agreement and Annexes agreed upon by the GPH and the
MILF. Second: The BTC shall encourage popular participation in drafting the Basic
Law through public hearings and consultations to ensure the inclusion of concerns
and support for the law by its stakeholders. Third: The Basic Law shall benefit all
the peoples of the Bangsamoro, such as the Muslims, Christians, the Indigenous
Peoples and the resident settlers within the territory of the Bangsamoro. By taking
the principles concerned, the BTC need to generate five (5) committees to draft the
provisions of the Basic Law. These are the Committees on 1) Political Autonomy 2)
Fiscal Autonomy 3) Justice and Security Matters 4) Basic Rights, Culture, Social
Justice and Indigenous Peoples 5) Transitory Provisions, Amendments, Revisions and
Miscellaneous Matters (Iqbal et al., 2014).
As soon as the Basic Law was made and the President and the Congress
approved the Basic Law, will it immediately be effective? No, because there is still
be a final step.
There will be a plebiscite which gives the people a choice whether to ratify
the Basic Law or not (Iqbal et al., 2014). Inhabitants of Bangsamoro will decide
whether they will abide the Basic Law that will govern their social, political, and
economic life. In addition, it is important that the residents will have proper
understanding on how the Basic Law works so that they will incur well-informed
decisions during the plebiscite.
We can see that the process of Bangsamoro formation is systematic. It seems
easy to implement once the government approved the legalization of the Basic Law.
When the Basic Law is implemented, many people, including President Benigno
Aquino, believe that Bangsamoro Basic Law will be the step to progress of our
beloved fellow Muslims. It is hoped that it would be beneficial for the people living in
Mindanao to start a new life again at the different land that will be called
Bangsamoro (Aquino, 2012).

Curiosity should ask ourselves: what is the content of the Bangsamoro Basic
Law? The draft gives me the idea that Bangsamoro will be the name of the political
entity under this Basic Law. The people under this government will be classified as
Bangsamoro. In addition to the identity, the parliament shall adopt the official flag,
emblem, and anthem of the Bangsamoro. Under the Article III, it has its own
definition of territory such as Core territory, Contiguous territory, Inland waters,
Bangsamoro waters and Constituent Units. Going to Article IV, General Principles
and Policies discusses Self-Governance, Democratic Political System, Electoral
System, Civilian Government... etc. Article V points out the power of the
Bangsamoro Government such as Reserved Powers, Concurrent powers, and
Exclusive powers. It shows that great powers would be on the hands of Bangsamoro
upon implementation. By checking the Article VI, Intergovernmental Relations tell
the sections Asymmetric Relationship, Intergovernmental Relations Mechanism,
Bangsamoro Participation in Central Government, and others. Next is the
Bangsamoro Government that tackles about the Powers of Government, Legislative
Authority, and Executive Authority. On the other hand, the sections of Bangsamoro
Parliament are the composition, classification and allocation of seats, forfeiture of
seat, filling of vacancy, privileges and immunities, Reenacted Budget, etc. Then,
Article VIII says that there shall be a Wali that acts as a titular head of Bangsamoro.
Following, Article IX grabbed the topic of Basic Rights. Subsequently, Article X
introduced the Bangsamoro Justice System and Article XI presented the Public
Safety and Order. In addition, Article XII and Article XIII tackled the Fiscal Autonomy,
and Economy and Patrimony, respectively. Next, Article XIV is about Rehabilitation
and Development while Article XV is about Plebiscite. Then, Article XVI: Bangsamoro
Transition Authority and Article XVII: Amendments and Revisions were explained.
Finally, Article XVIII: Final Provisions was discussed (House Bill No. 4994, Sixteenth
Congress, 2014).
That is the proposed Basic Law that might be implemented several months
from now. By being a separated government, MILF and President Benigno Aquino
consider that Bangsamoro Basic Law might approach to progress. They hope for
our support so that the Bangsamoro inhabitants will be given a chance to prosper in
life.

As we can see, the process of the implementing the basic law is nearly
approaching because the Basic Law was already made. In fact, Bangsamoro
Government will conduct its first election for its first set of Bangsamoro officials by
2016 (Casauay, 2015). It seems that the President Aquino has already decided to
support the building of the Bangsamoro Government. As he stepped down being the
President next year, he believes that passing the Bangsamoro Basic Law will unlock
the potential of Mindanao and lead to the peace and progress of the whole country.
In contrary, does he see the real consequence of the implementation of the law?
Didnt he realize that BBL is simply a huge step toward secession?
By reading some parts of the draft of Bangsamoro Basic Law, I inferred one
point. The creation of BBL may be the step of MILF toward secession of Mindanao. In
support, these are the parts of the Basic Law that kept me thinking.
First: Article II-Sec. 1 says that inhibitants of Bangsamoro will be classified as
Bangsamoro.
It is clearly said that MILF is creating its own nation with its own citizens.
Inhabitants will no longer be called as Filipino, they will be named as Bangsamoro
people.
Second: Article V-Sec. 3 and Sec. 4 give us an idea on which matters the
Bangsamoro Government has exclusive powers. Some are control of trade, finance,
banking, culture, language, and customary laws, declaration of Bangsamoro
Holidays, Public Administration and bureaucracy etc.
We can see that the implementation of BBL is a dream-come-true for
secession. We will be giving the MILF its own power to control over the land just like
a mini-nation taking its own business governing its territory.
As amplification, the Article V-Sec. 3 item 57 introduces the power of
Bangsamoro as a ministerial form of government. It has the power over Local
Administration, Municipal Corporations and other local authorities as well as the
creation of local governments. In addition, the Bangsamoro Government also has
ability to construct its own bureaucracy and administrative organization.
This tells us that the Bangsamoro Parliament will get enough power to create,
abolish, merge, and change local units under their control. According to Professor N.

Bautista and Abu Hasiq, This power is usually reserved the ability of the Congress
of the Republic, therefore the BBL Parliament has quasi-legislative powers that are
almost equivalent to Congress (2013).
This is the power that the Government is giving to the MILF for the sake of
peace. This might be a wrong move. It may lead to secession of Bangsamoro if MILF
realized that no matter what they want, the Philippine Government grants.
Third: Article VI-Sec. 4 it suggests that to resolve issues on intergovernmental
relations, there shall be a Central Government Bangsamoro Government
International Body mechanism.
It means that for every intergovernmental disputes that may happen in the
future between the Philippine Government and Bangsamoro Government, the
Bangsamoro Government International

Body shall

be

responsible

for

each

negotiations.
Fourth: Article VII highlights that Bangsamoro Basic Law was created with full
legislative and executive powers. Section 2 of the said Article tells that Bangsamoro
Government can enact laws by the legislative power. Meanwhile, Section 3 gives
Bangsamoro the executive power to have its own cabinet. As what the law expert in
UP said, I would assume that this will mimic a fully functioning cabinet based on
the structure of the republic therefore they will have their own minister for defense,
justice, public works, local government and interior, etc (Bautista & Hasiq, 2013).
Do we recognize the real impact of implementation of the BBL? To intensify
the self-interest of the Basic Law, here comes the Article X: Bangsamoro Justice
System. This article will establish the Bangsamoro Shari ah courts which jurisdiction
is based on Shari ah law.
According to law experts Professor N. Bautista and Abu Hasiq, The wording
in this article relates to the jurisdiction of the Shariah courts over the entire
Bangsamoro state, without any reference to the Justice system of the republic.
Simply put, any decision made by the Shariah High Court is final and executory
without any deference to the Supreme Court of the Philippines. If you get sentenced
there, you cannot appeal to the SC (2013)

Next is the Article XII sections 6-14. It discusses the source of revenue of
Bangsamoro Government. These are from taxes, fees and charges, annual block
grant

coming

from

central

government,

natural

resources,

Bangsamoro

government-owned and/or controlled corporations (GOCCs), economic agreements,

grants and donations, and loans of overseas development assistance.
In addition, the section 10 lets us see what will be the share in taxes of the
central government. Here is the Article XII section 10 excerpt (House Bill No. 4994,
2014).
Section 10. Share in Taxes of the Central Government.
Central Government taxes, fees, and charges collected in
the Bangsamoro, other than the tariff and customs duties,
shall be shared as follows:
a. Twenty-five percent (25%) to the Central Government; and
b. Seventy-five percent (75%) to the Bangsamoro,
including the shares of the local government units.
Aforementioned twenty-five percent (25%) share of the
Central Government shall, for a period of ten (10) years,
be retained by the Bangsamoro Government. The period
for retention may be extended upon mutual agreement
of

the

Central

Government

and

the

Bangsamoro

Government.
As we can see, Bangsamoro Government has a lot of sources of money as
indicated in BBL. This will be the power of which MILF will use to build its dreams.
But why is the section 10 of Article XII unfair and insurable? The national
government was required to put budget on all the Bangsamoro projects while
Bangsamoro Government is not obligated to remit the twenty-five percent share for
the next 10 years. For intensification, the Basic Law gives Bangsamoro Government
the power to extend that period beyond the 10-year agreement upon mutual
agreement. If we are letting BBL be implemented, then MILF might realize that

extension of the retention period is possible. This will surely put us in the zone of
regret and frustration when it happens.
Moreover, decommissioning is also an issue about passing the BBL. Based on
the

Annexe

on

Normalisation

of

the

Comprehensive

Agreement

on

the

Bangsamoro (CAB), there are four phases comprising the decommissioning: the first
one will be the ceremonial turnover of 75 high-powered weapons; second phase is
the decommissioning of 30 percent of MILF weapons and ammunitions; 35 percent
in phase three; and the remaining 35 percent in the last phase (Quitoriano, 2015)
Last February was the scheduled for the turnover of high-powered weapons
but it was moved because passing the BBL was delayed.
The first phase seems ritualistic because of the ceremony but neglecting it,
the two parties cannot proceed to the second phase, the time when the
Bangsamoro Basic Law is already ratified by voters in the areas that will comprise
the Bangsamoro.
Why do the phase 2 can only proceed when BBL is already ratified? It seemed
that MILF does not trust the National Government about the implementation of BBL.
They wanted an assurance that BBL is already approved, passed, and ratified before
surrendering their firearms. What if the MILF will not do the decommissioning of
firearms? It is recognized that decommissioning is not written in the BBL. So its
possible that MILF may not abide with their promise.
Furthermore, Ustadz Pendie Colano, the chairman of the Selatan State
Revolutionary Committee (SKSRC) of the Moro National Liberation Front (MNLF) said
that MILF ground commanders are not willing to give up their sophisticated
firearms. For the Bangsamoro fighters, if they surrender their guns and
ammunition, their lives would have no meaning at all. (Sy, 2014).
This implies that our trust with MILF is in critical state. How come we are sure
that the ambitions of the MILF will be favorable for all of us? Are we sure that the
peace they are introducing to us is genuine and trustworthy? What if all of those are

just lies and deceives? So in the end, who are going to blame if all the unexpected
betrayals happen?
Based on a recent nationwide survey by Pulse Asia, 44% of all Filipinos shows
pessimism about the passage of Bangsamoro Basic Law, whereas, 21% are
optimistic and 36% went undecided. In addition, the survey says that nine out of 10
Filipinos are aware of the bill (Taruc, 2015).
Moreover, according to Eulalia Baluyot, a Master Teacher II Major in History,
Bangsamoro Basic Law was the proposed solution to the raging conflict between
the Philippine Government and MILF. It aims for progress and peace across the
Mindanao. But if some parts of the Basic Law are unconstitutional, then authorized
officials should revise it. MILF should respect the 1987 Constitution of the Republic
of the Philippines. In addition, are we sure that they will use the 75 Billion Pesos
budget wisely? Look what happened in ARMM, it failed because of corruption by Nur
Misuari. That is why we need to examine the possible consequences of passing
Bangsamoro Basic Law. Let us take all the considerations so that in the end, we
would not regret. (2015).
For all the loopholes we see in the Bangsamoro Basic Law, arent we afraid of
the possible drastic consequences the implementation may brought to us? Of all the
what ifs we have in our minds, we should worry about the creation of
Bangsamoro. Let us scrutinize the content of Bangsamoro Basic Law. Let us
guarantee the sincerity of MILF to the peace agreement. Let us discern the real
objective of MILF with the creation Bangsamoro. Let us see what the officials dont
see regarding Bangsamoro Basic Law. We have the power to distinguish self-interest
of BBL from fairness and peace. Dont let the passage of BBL be an act of
desperation for insurable peace. Rather, let us analyze the loopholes of the
Bangsamoro Basic Law well and revise it as much as possible. If MILF provokes and
starts war, let it be. Let us show the power of central government. Take control of
the uprising and show supremacy over terrorism. If we will have the determination
to exterminate terrorism, we will surely prevail of it. Dont let Bangsamoro Basic
Law be an act of surrender agreement.