Position Paper: Bangsamoro Basic Law (BBL)

Art. III, Section 1- 2; Bill of Rights, Philippine Constitution states that: “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. The right of the people to be secure in their persons, houses …” 

To deprive does not only entails the necessities of life but also influences of the environment (Webster) which includes peace, security and equal protection of law.

But with the brutal and gruesome slaying of 44 SAF/ PNP (Special Action Force of Philippine National Police) in Maguindanao last January 18, 2015, it gives a chilling effect to all peace-loving Filipinos. The alleged perpetrators of the act are the Muslim Islamic Liberation Front (MILF) and/or Bangsamoro Islamic Freedom Fighters (BIFF) who are proponents of the so-called Bangsamoro Basic Law (BBL).

  Despite of stemming public sentiments on the barbaric killings of our legitimate peace enforcers, BBL is being pushed heaven-and-earth to be approved before the end of March this year. One may ask, what law would this be?

  “Generally, laws are found in statutes passed by the Legislative Branch of Government as enshrined under the Philippine Constitution, As a rule, statues should conform and must be in harmony with the Constitution. Any law, rule or regulation that is in conflict with the Constitution is void.”

If the passage of the Bangsamoro Basic Bill (BBL) in the Congress is matter of majority of votes yet not on the constitutionality on the said issue, then the law will be immoral and unconstitutional.  

1. Is Bangsamoro Basic Law (BBL) is creating a “State within a State?”

Will Bangsamoro Basic Law or BBL create a state within a state and eventually the colonization of the whole Philippines? BBL claims that the word “those” referring to the natives or original inhabitants of Mindanao extends to its “adjacent islands”

 Since Philippines is archipelagic nation a cluster or collection of islands, would the provision of BBL is a prologue to centralization of the whole country under Islamic rule? In other words, BBL claims to “adjacent islands” is either vague or endless. Will this violates our national territory?

 Philippine Constitution, Art. I – National Territory 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..”

What is Moro? BBL define what “Moro” is. BBL, Art. II, Sec. 1 states that: “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 full blood.

1. What is Bangsamoro? Is this a nation different to the Philippines as a nation?

The Bangsa Moro (Moro Nation) is the collective name of the people(s) under the former sovereign states of the Sultanate of Sulu, Rajahnate of Buayan, Sultanate of Maguindanao, Confederation of Ranao sultanates and various datuships in MOROLAND. The “long description” of Bangsamoro includes Mindanao, Sulu, Palawan and Sabah which comprises the Land of the Moros peopled by the Bangsa Moro.”  

BBL is geographical and global politics exercising one's sovereignty as a nation. Bansa in Sanskrit word " vansa” means a “nation” according to Australasian Legal Information Institute. 

1. What is Bangsamoro Identity?

Section 1. Bangsamoro People. – 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. Spouses and their descendants are classified as Bangsamoro.

Is Bangsamoro means Islamization of the whole Philippines?

Adjacent – nearby; having a common endpoint or border; of two angles; adjoining, contiguous, touching, neighbouring; joining

Descendants – proceeding from ancestor or source; from a common stock; prototype. Latin descendens (1555- 1600)

Ascription – act of ascribing; attribution; arbitrary placement (as at birth) in a particular status. Latin “ascription” which means “written addition.”

Arbitrary – individual discretion; ruling by absolute authority; often tyrannical exercise of power; dictatorial; high-handed

1. Will Bangsamoro Basic Law (BBL) assails the territorial integrity of the Philippines?

Bangsamoro is territorial

BBL, Article III - TERRITORY

Section 1. Definition of Territory ...includes land mass , maritime, terrestrial, fluvial and alluvial domains, and the aerial domain above ... The Bangsamoro territory shall remain a part of the Philippines. Section 2. Core Territory – The core territory of the Bangsamoro shall be composed of: a. the present geographical area of the Autonomous Region in Muslim Mindanao; b. 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 Midsayap that voted for inclusion in the ARMM during the 2001 plebiscite; c. the cities of Cotabato and Isabela; …”  

BBL Preamble (excerpts):

“Affirming the distinct historical identity and birthright of the Bangsamoro people to their ancestral homeland and their right to self-determination – beginning with the struggle for freedom of their forefathers in generations past and extending to the present – to chart their political future through a democratic process that will secure their identity and posterity, and allow for genuine and meaningful self-governance as stipulated under the Comprehensive Agreement on the Bangsamoro (CAB);

 With the blessings of the Almighty, do hereby ordain and promulgate this Bangsamoro Basic Law, through the Congress of the Republic of the Philippines, as the basic law of the Bangsamoro that establishes the asymmetrical political relationship with the Central Government founded on the principles of subsidiarity and parity of esteem.” 

Will Bangsamoro Basic Law (BBL), a prelude to legally make the Philippine Constitution null and void?

 Philippine Constitution (1987), Preamble

“We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.”

The word “ordain” means” to officially make (someone) a minister, priest, rabbi, etc.” or “ to officially establish or order (Webster). According to Burton's Legal Thesaurus, “ordain” means “to approve, approve, bestow, compel, enforce or invest.”

“To ordain is to make an ordinance, to enact a law,” according to Wheat In the constitution of the United States, the preamble. declares that the people "do ordain and establish this constitution for the United States of America." The 3d article of the same constitution declares, that "the judicial power shall be vested in one supreme court, and in such inferior courts as the con

1. Is Bangsamoro Basic Law, insidiously a transition to replace the present government?  

What is Bangsamoro Basic Law?

 BBL, Article I NAME AND PURPOSE, Section 1. Short Title.– This law shall be known and cited as the “Bangsamoro Basic Law.” Section 2. Name. – The name of the political entity under this Basic Law shall be the Bangsamoro.

What is basic law?

The term basic law is used in some places as an alternative to "constitution", implying it is a temporary but necessary measure without formal enactment of constitution.

 A basic law is either a codified constitution, or in countries with uncodified constitutions, a law given to have constitution powers and effect. The name is usually used to imply an interim (interval; interlude; intermission) or transitory nature, or avoid attempting a claim to being "the highest law", often for religious reasons.

1. Will Bangsamoro Basic Law (BBL) amends the republican and democratic form of government in the Philippines?

What is a Political Entity?

BBL, Sec.2. Name reads:

“The name of the political entity under this Basic Law shall be Bangsamoro.”

 Political entity means a “body politic, country, nation, republic, commonwealth, state, land” (freelegaldictionary). According to Black's Law Dictionary (1968), a political entity means a “polity.” A polity is a state or one of its subordinate civil authorities, such as a province, prefecture, county, municipality, city, or district. It is generally understood to mean a geographic area with a corresponding government. Meanwhile, Thomas Hobbes (1651) considered bodies politic in this sense in Leviathan. In previous centuries, body politic was also understood to mean "the physical person of the sovereign:" emperor, king or dictator in monarchies and despotisms, and the electorate in republics. In present times, it may also refer to representation of a group, such as ones drawn along ethnic or the gender lines.

 The political entity of the Bangsamoro Basic Law (BBL) is Parliamentary form of government according to BBL provision Section 4 which contradicts Philippines’ democratic and republican state.

1. Will Bangsamoro Basic Law creates another government?

What is the Purpose of Bangsamoro Basic Law? BBL, Article I, Sec. 3 states that:

 

“The purpose of this Basic Law is to establish a political entity, provide for its basic structure of government in recognition of the justness and legitimacy of the cause of the Bangsamoro people and their aspiration to chart their political future through a democratic process that will secure their identity and posterity and allow for meaningful self-governance.”

Generally when self-governance of nation-states is discussed, it is called national sovereignty – a concept important according to international law..

BBL “self-governance” attacks Philippine Sovereignty. According to Art. II, Declaration of Principles and State Policies; Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. Republic State means it ruled by the law and not ruled by men.

1. Is Bangsamoro Basic Law (BBL) is creating a religious, “Islamic State within a State?”

Is BBL legislating the creation of Islamic State in the Republic of the Philippines? The words “Wali,” “Hajj” and “Umrah” are included in the drafting of the said bill. The word, “wali” is quoted by Prophet Mohammed under Sura in Koran.

The drafting of BBL Art. V, Sec. 3 (26) connotes religion or Islamic belief under “exclusivity of power” of the powers of government of Bangsamoro? .

 Is the preamble of Bangsamoro Basic violates the Philippine Constitution; Art. I, Sec. 6, the “Separation of the State and the Church? ” Preamble of Bangsamoro Basic Law states that (excerpts),

 “We, the Bangsamoro people and other inhabitants of Bangsamoro, imploring the aid of Almighty God, aspiring to establish an enduring peace on the basis of jusrice in our communities and a justly balanced society, and asserting our right to conserve and develop our patrimony; In consonance with the Constitution and the universally accepted principles of human rights, liberty, justice, democracy and the norms and standards of international law, reflective of our systems of life prescribed by our faith, and in harmony with our customary laws, cultures and traditions…”

 BBL is based on faith-system or religion. Bangsamoro Basic Law, Preamble states that, “In consonance with the Constitution… reflective of our systems of life prescribed by our faith…” Faith is defined as confidence or trust in a person, thing, deity, view, or in the doctrines or teachings of a religion, as well as confidence based on some degree of warrant (Reference

Plantinga, Alvin (January 27, 2000). Warranted Christian Belief. USA: Oxford University Press. pp. 169–199. ISBN 978-0195131925; Boa, Kenneth (March 1, 2006). Faith Has Its Reasons: Integrative Approaches to Defending the Christian Faith. USA: IVP Books. pp. 251–255. ISBN 978-0830856480).

1. BBL violates the separation of the state and the church

Philippine Constitution provides that there is a “Separation of the State and the Church,” (Art. I, Sec. 6 as State Principles) And that is “inviolable” although Art. III, Sec.5,

 “No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.”

 

 

1. Will the Congress once the said bill will be enacted automatically creates an official religion which is Islamic?

In BBL, Article VIII – WALI, Section 1. “Titular Head of the Bangsamoro – There shall be a Wali who shall be the titular head of the Bangsamoro,”  

1. “BANGSAMORO IDENTITY” VIOLATES “HUMAN RIGHTS” (ART. III)

BBL “Bansamoro Identity” violates human rights and assails freedom of self-identity. “Bangsamoro Identity” is dictatorial and oppressive because of the term used “ascription.”

 Article III, Section 1. “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. “The right of the people to be secure in their persons, houses.”

 BBL Sec. II, “Bangsamoro Identity” automatically imposes the citizenship of anyone who is under their “territory” either by birth or affinity. BBL Art. V, Powers of the Government, Sec. states that. Reserved Powers. – Reserved powers are matters over which authority and jurisdiction are retained by the Central Government. The Central Government shall exercise the following reserved powers – 1. Defense and external security; 2. Foreign policy; 3. Coinage and monetary policy; 4. Postal service; 5. Citizenship and naturalization.

 It is worth pointing at the BBL’s “Basic Law” is merely transitory but once become a law supercedes, annuls, or replaces the existing Constitution thus making “Central Government” of the Republic of the Philippines null and void.

 With that, Bangsamoro Identify is therefore perpetual i.e. Islamization of the whole Philippines which is a violation of freedom of choice and religion under Philippine Constitution Art. III, Sec. 5 that says:

 “The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.”

 Freedom of religion cannot be legislated nor to be dictated. It is ingrained from one’s personal conviction and free-will.

 The creation of BBL detrimental to human rights and freedom of choice and religion. Human rights will be violated because the bill gives “religious preference.” BBL Identity used the word “ascription” which means “arbitrary” i.e. dictatorial, tyrannical and/or ruling by absolute authority,” as defined by Merriam-Webster. The said bill assails the bulwark of democracy enshrined in the Philippine Constitution.

1. Will BBL assails the Philippines’ “territorial Integrity?”

 Philippine Constitution ARTICLE l - NATIONAL TERRITORY

“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 waters around between, the connecting the islands of the archipelago, regardless of their breadth and dimensions, from part of the internal waters of the Philippines.”

 

Is it the Islamic “core territory” according to BBL provision is perpetual? Whatever BBL “core territory” that connects or faces to the territories of the “Central Government” can be claimed by Bangsamoro with the virtue of 10 per cent of the registered voters in their

area according to the provision. The term “contiguous areas” mentioned in Art. III, Section 2 (d) is perpetual and endless.

 Will the BBL’s “Core Territory” expands to Visayas and Luzon?

 “Contiguous territory” is ambiguous as “without time limit and silent” as Chair Senator Marcos declared during a forum entitled, "Piercing A Consensus For Peace" held at GT Toyota Hall of Wisdom; Magsaysay St., corner Guerrero Street; University of the Philippines; Diliman, Quezon City; December 27, 2014 (Thursday).

 BBL Art. III – Territory, Section 1. Definition of Territory - Territory refers to the land mass as well as the maritime, terrestrial, fluvial and alluvial domains, and the aerial domain above it. The Bangsamoro territory shall remain a part of the Philippines.

The BBL “Core Territory” is merely a jumping-board or a prelude to as more wider territorial claim by the Bangsamoro.. Although BBL Art. III – Territory under Sec. 2 (a); (b); (c) identified its “core territory” Sec. 2 (d) says, “all other contiguous areas….” that requires merely 10 per cent of Bangsamoro registered voters that violates Preamble of the Philippine Constitution that says, “Common Good” which means in Tagalog, “Sa Ikabubuti ng lahat.” The 10 per cent registered voters in such area for example does not represent the 100-M Filipinos or official registered voters.

The BBL’s “core territory” assails the “patrimony” and “national territory” (Preamble; Art. I) of the Republic of the Philippines because “core territory” according to Merriam Webster is defined as “a central and often foundational part usually distinct from the enveloping part by a difference in nature.”

 BBL Section 3. Contiguous Territory – The areas which are contiguous and outside the core territory may opt at anytime to be part of the territory upon petition of at least ten percent (10%) of the registered voters and approved by a majority of qualified votes cast in a plebiscite.

1. Will Bangsamoro Basic Bill will only serve for the interest of the few and selective assailing national sovereignty?  

BBL provisions is almost without limit and progressive in terms of socio-economic welfare, territorial jurisdiction; religious supremacy; self-government (legislative, executive, judiciary i.e. sharia; police force, national defense, etc) to name a few.

 Philippine Constitution, Art. II, Sec. 7, The State shall pursue an independent foreign policy. In its relations with other states the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self- determination.

Paramount Anglo Saxon "paramont" i.e. : superior to all others : supreme. Preamble of the Philippine Constitution... "promote the common good," in Tagalog, "Ikakabuti ng lahat."

 Art. II, Sec. 5 - Declaration of Principles and State Policies, “The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the GENERAL WELFARE are essential for the enjoyment by ALL the people of the blessings of democracy.”

1. Is the Bangasmoro Basic Law (BBL) makes it superior to the Philippine Constitution in the name of the so-called “Peace Process?”

As old sayings goes: “Peace, peace they say, then suddenly, destruction will befall on them … for nations will be against nations, and kingdom against kingdom… this is the beginning of the birthpains…”

Despite of international and national efforts to uphold and sustain peace, the issue remains elusive as long selfishness, bitterness, hatred and un-forgiveness remains in the hearts of men. The issue of peace is an issue of the heart (foremost) rather than a

process. The heart of the issue is also an issue of who Almighty God is – as God of Peace and Love rather than violence of inhuman, merciless, unjust killings. As Jose P. Laurel Sr. defends “Almighty God” in the Preamble, “ who creates the destinies of men and nation.”

Bongbong Marcos during the recent forum on held in stated that:

“When the draft OF BBL was brought to them in the Senate, they already observed the inclusion of faith. He said it could violates the separation of the state and the church and he also said the use of terminologies must be carefully placed otherwise it may incur technical and constitutional issues. There could have a precedence he said when the Is Bangsamoro Basic Law, an outright assailing the existing Constitution of the Republic of the Philippines? Definitely YES!

BBL violates plenty of provisions from the Philippine Constitution including, national territory, sovereignty; form of government; separation of the state and the church; among others.

BBL will make the Philippine Constitution null and void

BBL or Bangsamoro Basic Bill will trample the sacredness of the Philippine Constitution. Preamble states that: “do ordain and promulgate this Constitution.” 

The Preamble seeks Almighty God to ordain the sacred document. The word “ordain” according to Webster means “to invest officially (as by the laying on of hands) with ministerial and priestly authority.” Even the United States Constitution states that “WE, the people.. do ordain and establish this Constitution.” The word “ordain” in Latin “ordinare” means “to appoint” or “to put in order.” BBL will trample, nullify and later replace the Philippine Constitution. Why?

The territorial provision of BBL is unlimited and perpetual violating the Philippine Constitution itself. Constitution Society (1994) citing Vanhorne's Lessee v. Dorrance, 2 Dall. 304 states that:

“The Constitution is certain and fixed; it contains the permanent will of the people, and is the supreme law of the land; it is paramount to the power of the legislature, and can be revoked or altered only by the power that made it.”

“Generally, laws are found in statutes passed by the Legislative Branch of Government as enshrined under the Philippine Constitution, As a rule, statues should conform and must be in harmony with the Constitution. Any law, rule or regulation that is in conflict with the Constitution is void.”

The late father of today’s incumbent president, no less than Ninoy Aquino once said, “Protest is not only a right but a duty.”