04/02/2020
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35. Section 5(6), Article XVI on the composition of the armed forces, whose
officers and men must be recruited proportionately from all provinces and cities
as far as practicable.[67] This will not apply to the BJE's internal security force
whose personnel will come only from BJE areas.
36. Section 6, Article XVI on the establishment of one police force which shall be
national in scope under the administration and control of a national police
commission.[68] The BJE will have "its own x x x police"[69] which is a
regional police force not administered or controlled by the National Police
Commission.
The Executive branch thus guarantees to the MILF that the Constitution
shall be drastically overhauled to conform to the MOA-AD. The Executive
branch completely disregards that under the Constitution the sole discretionary
power to propose amendments to the Constitution lies with Congress, and the power
to approve or disapprove such proposed amendments belongs exclusively to the
people.
The claim of respondents that the phrase "prior agreements" does not refer to the
MOA-AD but to GRP-MILF agreements prior to the MOA-AD is immaterial. Whether
the prior agreement is the MOA-AD or any other GRP-MILF agreement prior to the
constitutional amendments, any commitment by the Executive branch to amend the
Constitution without derogating from such prior GRP-MILF agreement would still be
unconstitutional for the same reason -- usurpation by the Executive branch of the
exclusive discretionary powers of Congress and the Filipino people to amend the
Constitution.
Violation of Constitutional Rights of Lumads
Under the MOA-AD, the Executive branch also commits to incorporate all the Lumads
in Mindanao, who are non-Muslims, into the Bangsamoro people who are Muslims.
There are 18 distinct Lumad groups in Mindanao with their own ancestral domains
and their own indigenous customs, traditions and beliefs. The Lumads have lived in
Mindanao long before the arrival of Islam and Christianity. For centuries, the Lumads
have resisted Islam, a foreign religion like Christianity. To this day, the Lumads
proudly continue to practice their own indigenous customs, traditions and beliefs.
Suddenly, without the knowledge and consent of the Lumads, the Executive branch
has erased their identity as separate and distinct indigenous peoples. The MOAAD, in paragraph 1 on Concepts and Principles, provides:
It is the birthright of all Moros and all Indigenous peoples of
Mindanao to identify themselves and be accepted as
"Bangsamoros". The Bangsamoro people refers to those who are
natives or original inhabitants of Mindanao and its adjacent islands
including Palawan and the Sulu archipelago at the time of conquest or
colonization and their descendants whether mixed or of full native blood.
Spouses and their descendants are classified as Bangsamoro. The
freedom of choice of the indigenous people shall be respected. (Emphasis
supplied)
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
98/203
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