04/02/2020
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the Bangsamoros.
There is another provision in the MOA-AD that could prove oppressive to the
Lumads, and even invite conflicts with Christians. The MOA-AD, in paragraph 4 on
Territory, empowers the BJE to establish political subdivisions within the
Bangsamoro ancestral domain, as follows:
All territorial and geographic areas in Mindanao and its adjacent islands
including Palawan and the Sulu archipelago that have been declared
recognized, and/or delineated as ancestral domain and ancestral land of
the Bangsamoro people as their geographical areas, inclusive of
settlements and reservations, may be formed or constituted into
political subdivisions of the Bangsamoro territorial jurisdictions
subject to the principles of equality of peoples and mutual respect and to
the protection of civil, political, economic, and cultural rights in their
respective jurisdictions.
Thus, the BJE can create political subdivisions -- barangays and municipalities -within the Bangsamoro ancestral domain. Under the MOA-AD, the Bangsamoro
ancestral domain includes the ancestral domains of the Lumads. The BJE can create
barangays and municipalities in areas that are presently the ancestral domains of
the Lumads. The BJE can station its police and internal security force in these
areas. Many of these areas -- the present ancestral domains of the Lumads - are located within provinces, cities and municipalities where Christians
are the majority.
There are obvious possible adverse ramifications of this power of the BJE to create
political subdivisions within provinces, cities and municipalities outside of the BJE
territory. The creation by the BJE of such political subdivisions will alter the
boundaries of the affected provinces, cities and municipalities, an alteration that,
under the Constitution, requires an act of Congress and a plebiscite in the affected
political units.[76] The Executive branch must conduct widespread consultations not
only with the Lumads, but also with the Christians who, under the MOA-AD, will be
affected by the creation of such BJE political subdivisions within their provinces,
cities and municipalities.
Petitions Present Justiciable Controversy
The claim of respondents that the MOA-AD, not having been signed but merely
initialed, does not give rise to an actual controversy cognizable by the Court, is
gravely erroneous. The MOA-AD has two features: (1) as an instrument of
cession of territory and sovereignty to a new state, the BJE; and (2) as a
treaty with the resulting BJE, governing the associative relationship with
the mother state,[77] the Philippines, whose only important role in the
relationship is "to take charge of external defense."[78] Justice Vicente V.
Mendoza, a former member of this Court and a recognized authority on
constitutional law, states:
It is indeed true that the BJE is not fully independent or sovereign and
indeed it is dependent on the Philippine government for its external
defense and only lacks foreign recognition, at least at the present time.
Nonetheless it is a state as the Philippines was a state during the
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
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