04/02/2020
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SECTION 20. Within its territorial jurisdiction and subject to the
provisions of this Constitution and national laws, the organic act of
autonomous regions shall provide for legislative powers over:
(1) Administrative organization;
(2) Creation of sources of revenues;
(3) Ancestral domain and natural resources;
(4) Personal, family, and property relations;
(5) Regional urban and rural planning development;
(6) Economic, social, and tourism development;
(7) Educational policies;
(8) Preservation and development of the cultural heritage; and
(9) Such other matters as may be authorized by law for the
promotion of the general welfare of the people of the region.
(Underscoring supplied)
Again on the premise that the BJE may be regarded as an autonomous region, the
MOA-AD would require an amendment that would expand the above-quoted
provision. The mere passage of new legislation pursuant to sub-paragraph No. 9 of
said constitutional provision would not suffice, since any new law that might vest in
the BJE the powers found in the MOA-AD must, itself, comply with other provisions
of the Constitution. It would not do, for instance, to merely pass legislation vesting
the BJE with treaty-making power in order to accommodate paragraph 4 of the
strand on RESOURCES which states: "The BJE is free to enter into any economic
cooperation and trade relations with foreign countries: provided, however, that such
relationships and understandings do not include aggression against the Government
of the Republic of the Philippines x x x." Under our constitutional system, it is only
the President who has that power. Pimentel v. Executive Secretary[155] instructs:
In our system of government, the President, being the head of state, is
regarded as the sole organ and authority in external relations and
is the country's sole representative with foreign nations. As the
chief architect of foreign policy, the President acts as the country's
mouthpiece with respect to international affairs. Hence, the President is
vested with the authority to deal with foreign states and governments,
extend or withhold recognition, maintain diplomatic relations, enter
into treaties, and otherwise transact the business of foreign
relations. In the realm of treaty-making, the President has the
sole authority to negotiate with other states. (Emphasis and
underscoring supplied)
Article II, Section 22 of the Constitution must also be amended if the
scheme envisioned in the MOA-AD is to be effected. That constitutional
provision states: "The State recognizes and promotes the rights of indigenous
cultural communities within the framework of national unity and development."
(Underscoring supplied) An associative arrangement does not uphold national unity.
While there may be a semblance of unity because of the associative ties between the
BJE and the national government, the act of placing a portion of Philippine territory
in a status which, in international practice, has generally been a preparation for
independence, is certainly not conducive to national unity.
Besides being irreconcilable with the Constitution, the MOA-AD is also inconsistent
with prevailing statutory law, among which are R.A. No. 9054[156] or the
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
30/203
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