04/02/2020
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legislative assembly is limited to the express grants under Section 20, Article X. The
national government retains responsibility over the defense and security of the
autonomous regions. In addition, under Section 17, Article X, "[a]ll powers,
functions, and responsibilities not granted by this Constitution or by law to the
autonomous regions shall be vested in the National Government."
The MOA-AD acknowledges that the Bangsamoro Juridical Entity (BJE) shall have
authority and jurisdiction over the territory defined in the agreement as the
ancestral domain of the Bangsamoro people. For the BJE to gain legal recognition
under the Constitution, it must be identifiable as one of the recognized political
subdivisions ordained in the Constitution. That is not the case. In fact, it is apparent
that the BJE would have far superior powers than any of the political subdivisions
under the Constitution, including the autonomous regional government for Muslim
Mindanao.
The powers of government extended to the BJE are well in excess than that which
the Constitution allocates to the autonomous regional government for Muslim
Mindanao. For example, it was agreed upon in the MOA that:
[T]he BJE shall be empowered to build, develop and maintain its own
institutions, inclusive of, civil service, electoral, financial and banking,
education, legislation, legal, economic, and police and internal security
force, judicial system and correctional institutions, necessary for
developing a progressive Bangsamoro society...[30]
Under the Constitution, the extent through which the autonomous regional
government could establish a judicial system was confined to the extent of courts
with jurisdiction over personal, property and family law.[31] Obviously, the MOA-AD
intends to empower the BJE to create a broader-based judicial system with
jurisdiction over matters such as criminal law or even political law. This provision
also derogates from the authority of the constitutional commissions, most explicitly
the Civil Service Commission (CSC) and the Commission on Elections (COMELEC).
The CSC administers the civil service, which embraces all branches, subdivisions,
instrumentalities, and agencies of the Government.[32] Yet the MOA-AD would
empower the BJE to build, develop and maintain its own civil service. The BJE is
likewise authorized to establish its own electoral institutions. Yet under the
Constitution, it is the COMELEC which has the exclusive power to enforce and
administer election laws.[33]
Much of the MOA-AD centers on agreements relating to the exploitation of the
economic resources over the proposed Bangsamoro homeland. The BJE is vested
with jurisdiction, power and authority over land use, development, utilization,
disposition and exploitation of natural resources within that territory. To that end,
the BJE is empowered "to revoke or grant forest concessions, timber license,
contracts or agreements in the utilization and exploitation of natural resources."[34]
One provision of the MOA-AD makes it certain that it is the BJE which has exclusive
jurisdiction in the exploitation of natural resources, particularly those utilized in the
production of energy:
Jurisdiction and control over, and the right of exploring for, exploiting,
producing and obtaining all potential sources of energy, petroleum, in
situ, fossil fuel, mineral oil and natural gas, whether onshore or offshore,
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
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