04/02/2020
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a) Article I, Section 1 [3] of the Constitution has to be amended to
segregate the BJE territory from the rest of the Republic of the
Philippines, as the MOA-AD delineates the Bangsamoro homeland under
its paragraph 1 [4] on Territory;
b) Section 1, Article X [5] of the Constitution will have to include the BJE
as among the five kinds of political subdivisions recognized under the
fundamental law. The provision of an Autonomous Region for Muslim
Mindanao (ARMM) will also have to be removed as the same is
incorporated in the BJE per paragraph 2.c [6] of the MOA-AD provisions
on Territory;
c) The provision in Section 15, Article X [7] of the Constitution which
declares the creation of the ARMM “within the framework of this
Constitution and the national sovereignty as well as territorial integrity of
the Republic of the Philippines” must also be changed since there is no
provision in the MOA-AD that subjects the BJE to the authority, territory
and sovereignty of the Republic of the Philippines;
d) Section 16, Article X [8] of the Constitution which gives the President
power to supervise autonomous regions will have to be amended since
the MOA-AD does not provide for such supervision over the BJE;
e) Section 18, Article X [9] of the Constitution which requires personal,
family and property laws of autonomous regions to comply with the
Constitution and laws will have to be changed as the MOA-AD grants the
BJE the power to make its own laws;
f) An overhaul of the various constitutional provisions relating to the
Executive, Judicial and Legislative Departments as well as the
independent constitutional commissions must be undertaken to
accommodate paragraph 8 [10] of the MOA-AD provision on Governance
which grants the BJE the power to create its own civil institutions;
g) Section 3, Article II of the Constitution which declares the Armed
Forces of the Philippines as protector of the people and the State will
have to be changed because the MOA-AD provides that the BJE shall have
its own internal security force[11] and the AFP will only defend the
Bangsamoro homeland against external aggression; [12]
h) Section 2, Article XII [13] of the Constitution must be changed to allow
the BJE to manage, explore, develop, and utilize the natural resources
within the Bangsamoro territory, pursuant to paragraphs 2.f[14] , g (1)
[15] and h[16] on Territory and paragraphs 1 [17] and 2 [18] on Resources
of the MOA-AD;
i) Section 21, Article VII [19] of the Constitution has to be amended to
exempt the BJE from the ratification requirements of treaties and
international agreements since it is given the power to enter into its own
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
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