Updates on the CAB: The Constitution and the Basic Law

Updates on the CAB:The Constitution and the Basic LawJohaira C. Wahab / 23 May 2014

Status of the draft BBL

• Drafted by the BTC• Submitted to the Office of the President last 23 April 2014• Ongoing review by OP legal team• Viewed in relation to (1) signed agreements, and (2) the

Constitution• BTC pending mandate to submit proposals to amend the

Constitution, when necessary

Asymmetric Relationship

• “The relationship of the Central Government with the Bangsamoro Government shall be asymmetric.”

Asymmetric Relationship

Article X of the Constitution:• The territorial and political subdivisions of the Republic of

the Philippines are the provinces, cities, municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and the Cordilleras as hereinafter provided. (Sec. 1)

• The territorial and political subdivisions shall enjoy local autonomy. (Sec. 2)

• The Congress shall enact an organic act for each autonomous region… (Sec. 18)

Parliamentary Government

• “The government of the Bangsamoro shall have a ministerial form.”

Parliamentary Government

Article X of the Constitution:• The organic act shall define the basic

structure of government for the region consisting of the executive department and legislative assembly, both of which shall be elective and representative of the constituent political units. (Sec. 18)

Shariah Justice System

• “The Bangsamoro shall have competence over the Shariah justice system.”

Shariah Justice System

Article X of the Constitution:• The organic acts shall likewise provide for

special courts with personal, family, and property law jurisdiction consistent with the provisions of this Constitution and national laws. (Sec. 18)

Bangsamoro Identity

• “The Parties recognize Bangsamoro identity. Those who at the time of conquest and colonization were considered natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands, including Palawan, and their descendants whether of mixed or of full blood shall have the right to identify themselves as Bangsamoro by ascription or self-ascription.”

Bangsamoro Identity

• There is no provision in the Constitution that speaks of identity.

Basic Rights

• “In addition to basic rights already enjoyed, the following rights of all citizens residing in the Bangsamoro bind the legislature, executive and judiciary as strictly enforceable law and are guaranteed:” [See enumeration.]

Basic Rights

Article III of the Constituton:• No person shall be deprived of life, liberty,

or property without due process of law, nor shall any person be denied the equal protection of the laws. (Sec. 1)

Abolition of the ARMM

• “The Parties agree that the status quo is unacceptable and that the Bangsamoro shall be established to replace the Autonomous Region in Muslim Mindanao (ARMM).”

• “Upon promulgation and ratification of the Basic Law, which provides for the creation of the Bangsamoro Transition Authority (BTA), the ARMM is deemed abolished.”

Abolition of the ARMM

Article X of the Constitution:• The Congress shall enact an organic act

for each autonomous region… (Sec. 18)• The creation of the autonomous region

shall be effective when approved by majority of the votes cast by the constituent units in a plebiscite… (Sec. 18)

What’s next?

• Preparation for the plebiscite in 2015• Enactment by Congress of the Basic Law• Ratification in a plebiscite