04/02/2020
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28. Section 18, Article X which requires that personal, family and property laws of
autonomous regions shall be consistent with the Constitution and national laws.
[54] This will not apply to the BJE which will have its own basic law or
constitution.[55]
29. Section 20, Article X on the legislative powers of autonomous regional
assemblies whose laws are subject to the Constitution and national laws.[56]
This provision will not apply to the BJE.
30. Section 21, Article X on the preservation of peace and order within autonomous
regions by the local police as provided in national laws.[57] Under the MOA-AD,
the BJE shall have "its own x x x police"[58] to preserve peace and order
within the BJE.
31. Section 2, Article XII on State ownership of all lands of the public domain and
of all natural resources in the Philippines.[59] Under paragraph 3 on Concepts
and Principles of the MOA-AD,[60] ancestral domain, which consists of
ancestral lands and the natural resources in such lands, does not form
part of the public domain. The ancestral domain of the Bangsamoro refers to
land they or their ancestors continuously possessed since time immemorial,
excluding the period that their possession was disrupted by conquest, war, civil
disturbance, force majeure, other forms of usurpation or displacement by
force, deceit or stealth, or as a consequence of government project, or any
voluntary dealings by the government and private parties. Under paragraph 1
on Concepts and Principles of the MOA-AD,[61] the Bangsamoro people are the
Moros and all indigenous peoples of Mindanao, Sulu and Palawan. Thus, the
ancestral domain of the Bangsamoro refers to the lands that all the peoples in
Mindanao, Sulu and Palawan possessed before the arrival of the Spaniards in
1521. In short, the ancestral domain of the Bangsamoro refers to the
entire Mindanao , Sulu and Palawan. This negates the Regalian doctrine in
the 1935, 1973 and 1987 Constitutions.
32. Section 9, Article XII on the establishment of an independent economic and
planning agency headed by the President.[62] This agency is the National
Economic and Development Authority. Under the MOA-AD, the BJE will have its
own economic planning agency.
33. Section 20, Article XII on the establishment of an independent monetary
authority, now the Bangko Sentral ng Pilipinas.[63] Under the MOA-AD, the BJE
will have its own financial and banking authority.[64]
34. Section 4, Article XVI on the maintenance of "a regular force necessary for
the security of the State."[65] This provision means there shall only be one
"Armed Forces of the Philippines" under the command and control of the
President. This provision will not apply to the BJE since under the MOA-AD, the
BJE shall have "its own x x x internal security force"[66] which will not be
under the command and control of the President.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
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