04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly 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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