In Partial Fulfillment of the Requirements in the Subject:

Laws on Public Corporation

Position Paper on House Bill No. 5811:

Basic Law of the Bangsamoro Autonomous Region (BLBAR)

Submitted on:
April 2, 2016

Submitted to:
Atty. Jorge S. Manaois Jr.

Submitted by:
Crystal Gale Delos Santos
LL.B 1-B

The Basic Law of the Bangsamoro Autonomous Region (BLBAR) is a bill

presently under consideration by the Congress of the Philippines. It
abolished the Autonomous Region in Muslim Mindanao and in its place, forms
the

new

Bangsamoro

Autonomous

Region.

This

stemmed

from

the

Comprehensive Agreement signed by the Government and the Moro Islamic

Liberation Front that outlines the features of the political settlement between
the two. It defines the structure and powers of the Bangsamoro entity that
will replace the Autonomous Region in Muslim Mindanao (ARMM). It also sets
the principles, processes and mechanisms for the transition until the regular
election in 2016 for the new Bangsamoro autonomous political entity. The
Agreement paves the way forward to the just resolution of the historical
divide between the Government and the Bangsamoro.1

I believe that the BLBAR can be a good law in that it will finally
provide the peace that has long been overdue in Mindanao. There are no
winners in war, everyone loses something important whether it be money,
property, or life. The cost accrued in the process of passing this bill would
also be cheaper compared to cost of continuing the strife in Mindanao. This
would also finally result in progress. Such peace will give way to the
development of infrastructures and investment opportunities since there
would be no more fear of retaliation from rebel groups.

However, I also think that as of the moment, the passing of this bill
into law would be premature because there are certain provisions in the bill
that are not only contrary to the Constitution, but might also later result in
1 http://president.gov.ph/special/give-peace-in-mindanao-a-chance/

the total separation of the Mindanao region from the rest of the Philippines.
In this paper, I would like to discuss the reasons why the bill should not yet
be passed.

If this bill would be passed, it would create a separate political entity

that will be known as the Bangsamoro Autonomous Region, which is
composed of the present geographical are of the Autonomous Region in
Muslim Mindanao; the municipalities of Baloi, Munai, Nunungan, Pantar,
Tagoloan and Tangkal in the province of Lanao del Norte and all other
barangays in the municipalities of Kabacan, Carmen, Aleosan, Pigkawayan,
Pikit and Midsayat that voted for inclusion in the Autonomous Region of
Muslim Mindanao; the cities of Cotabato, Isablea and Lamitan; and, all other
contiguous cities and provinces where there is a resolution of the local
government unit or a petition of at least ten percent (10%) of the registered
voters in the areas affected asking for their inclusion at least two (2) months
prior to the conduct of the ratification of the Basic Law and the process of
delimitation of the Bangsamoro.

A question arises with the requirement of only at least ten percent (10%) of
the registered voters in the areas affected to be included in the Bangsamoro
Region. Would it not be unfair to include such territory in the Bangsamoro
Autonomous Region with such a few number of constituents voting for their
inclusion? I believe that the majority must decide on this matter or if not, at
least thirty to forty percent (30-40%) of the population, in order to have
better representation of the judgment of the voters in the referendum.
2 Sec. 2, Art. III, House Bill No. 5811

The aim of the BLBAR is to create a political entity and provide for a
basic structure of government without being completely separate from the
Philippine government, it will partake the nature of an organic act, an
organic act that would create an established territory within the country to
manage a certain portion of territory. To add, the BLBAR states that: the
relationship
Government
relationship

between
is

the

National

asymmetric.

between

the

Government

Asymmetric

National

and

relationship

Government

and

the

Bangsamoro

refers
the

to

the

Bangsamoro

Government as an autonomous region, as provided under Section 15, Article

X of the 1987 Constitution, wherein the autonomous regions are granted
more power and less intervention from the National Government compared
to other territorial and political subdivisions.3

In short, the BLBAR will create an imperium in imperio relationship

with the National Government, that they will function as their own state,
even though it is officially not a state. Also, such organic acts are often times
used to pave the way for the creation of an independent state from its
Mother Nation, akin to the time when an organic act was created by the
United States Government for the Philippines before officially relinquishing
control to the Filipinos.

Further, the provision of the House Bill regarding the territory of the
Bangsamoro Autonomous Region is dubious. It states that:

3 Sec.1, Art. VI, House Bill No. 5811

Where a constituent local government unit of the

Bangsamoro Autonomous Region and an adjoining local
government unit are so situated on the opposite shores
such that there is thirty (30) kilometers of waters or less
between them, a line equally distant from the opposite
shores shall be drawn to demarcate the Bangsamoro Waters
and the municipal waters of the adjoining local government
unit.

In case they are so situated that there is more than

thirty (30) kilometers but less than 37.224 kilometers of
waters between them, a line shall be drawn at the edge of
the fifteen (15) kilometers municipal waters of the adjoining
local government unit to demarcate it from the Bangsamoro
Waters.

The provision above creates a distinction between the territory and the
waters of the Bangsamoro Region and that of the other parts of the
Philippines. This is contrary to the Constitution itself that states that the
national territory comprises the Philippine archipelago, with all the islands
and waters embraced therein, and all other territories over which the
Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial
and aerial domains, including its territorial sea, the seabed, the subsoil, the
insular shelves and other submarine areas. The water around, between and
connecting the islands of the archipelago, regardless of their breadth and
4 Sec. 5, Art. III, House Bill No. 5811

dimension, form part of the internal waters of the Philippines.5 From the
language of the Constitution, the territorial waters of the Philippines are
deemed to be unified without distinction from any other area within its
territory.

Furthermore, the Bill states that Bangsamoro Government may enter into
economic agreements and receive benefits and grants derived therefrom
subject to the approval of the National Government. 6 Economic agreements
are alliances, signed by two or more counties, that provide reciprocal
economic integration and participation. The agreements provide a framework
for cooperation rather than competition among geographically distant
economies.7 This provision is contrary to the Constitution, the basic and
paramount law to which all other laws must conform and to which all
persons, including the highest officials of the land, must defer.8 The power to
enter into economic agreements is a power granted by the Constitution itself
to the President, to wit The President may enter into agreements with
foreign-owned corporations involving either technical or financial assistance
for large-scale exploration, development, and utilization of minerals,
petroleum, and other mineral oils according to the general terms and
conditions provided by law, based on real contributions to the economic
growth and general welfare of the country. In such agreements, the State
shall promote the development and use of local scientific and technical

5 Art. I, Constitution 1987

6 Sec. 25, Art. XI, House Bill No. 5811
7 http://smallbusiness.chron.com/economic-partnership-agreement-3888.html
8 Cruz, I, et. Al (2015). Supremacy of the constitution. Constitutional Law. Pg. 4

resources.9 Therefore, since the provision in the Bill is inconsistent with the
Constitution, it must be amended to conform to such. Also, with this
provision, the Bangsamoro Government would have powers similar to, and
thus perform such powers as, the President of the Philippines which may
create possible conflict.

In light of these, I am against the passing of House Bill No. 5811 at this
moment in time. The Bill should be subject to closer scrutiny and
amendment by the Congress.

9 Sec. 2, Art. XII, Constitution 1987