04/02/2020
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Bangsamoro Juridical Entity (BJE) is nowhere to be found in the 1987 Constitution,
which provides for the country's territorial and political subdivisions as follows:
"The territorial and political subdivisions of the Republic of the Philippines
are the provinces, cities, municipalities, and barangays. There shall be
autonomous regions in Muslim Mindanao and the Cordilleras as
hereinafter provided."[2]
In the case of the autonomous regions, their creation is the shared responsibility of
the political branches of the government and the constituent units affected. The
Constitution is explicit in this regard, to wit:
"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 law.
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."[3] (Emphasis supplied)
If the establishment of autonomy requires the joint participation of Congress, the
President, and of the people in the area affected, from the inception of the
process of creation of an autonomous region, with more reason, the creation of
the BJE - an entity intended to have its own basic law to be adopted in accordance
with an "associative arrangement" - which would imply, in legal terms, semiindependence if not outright independence - cannot be negotiated without the
participation of Congress and consultations with the people, residing not only in the
area to be placed under the BJE but also in the rest of our country. Even with the
participation of Congress and the consultation with stakeholders, the process at the
onset must conform and explicitly be subject to our Constitution. This is specially
important as the unsigned MOA-AD stipulates a definite framework that threatens to
erase, through the "policies, rules and regulations" and basic law of the BJE, the
objective existence of over four hundred (400) years of development and progress of
our people by unsettling private voluntary agreements and undoing the official acts
of our government institutions performed pursuant to the Constitution and the laws
in force during the said long period in our history, within the identified areas, to be
carved out of a substantial portion of the national territory, and with only the
"details", the "mechanisms and modalities for actual implementation" to be
negotiated and embodied in a Comprehensive Compact. To my mind, this alarming
possibility contemplated in the MOA-AD may be the cause of chaos and even greater
strife for our brothers in the south, rather than bring about the intended peace.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
120/203
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