Bangsamoro state is what kind of animal in the 1987 Philippine Constitution?

The basic question being asked by every single one in relation to the proposed Bangsamoro sub-state concept is this---what kind of political creature is this? 

Is this to be created using regular Congress powers of regular legislation or thru the amendment of the Constitution?

Obviously, under section 1 of Article 10 of the 1987 Constitution, there are only five Constitutionally mandated political subdivisions which Congress is allowed to create, and these are cities, towns, barangays, provinces, and autonomous regions. No where in the Constitution does it say that Congress has the power to create "sub-states".

Creation of these four forms, except autonomous regions, go thru the regular routes. The creation of autonomous regions were put in the 1987 Constitution. Fact is, the Framers of this Constitution were very explicit---creation of autonomous regions of "Muslim Mindanao" and the "Cordilleras." The reason why the word "regions" are there refers to one, Muslim Mindanao and two, Cordilleras. It does not mean that Congress has the power to create two or three autonomous regions in Muslim Mindanao.

What Congress did was enact a Code that would govern the conduct and relations of people and governments in those Constitutionally-allowed autonomous regions (sec 3, Article X of the Constitution).

Now, section 11 of Article 10 of the 1987 Constitution speaks of the power to "create special metropolitan political subdivisions"subject to a plebiscite, but is the concept of a "state or a sub-state" the one being contemplated in this provision? No. 

What section 11 contemplates are the aggrupation of cities and municipalities in contiguous areas to be declared as "metropolitan" or metropolises. The concept of a metropolis is dissimilar with the concept of a state or a sub-state. 

Fact is, in the same provision, it is clear why the Framers allowed the creation of metropolitan cities--

"... The component cities and municipalities shall retain their basic autonomy and shall be entitled to their own local executives and legislative assemblies. The jurisdiction of the metropolitan authority that will hereby be created shall be limited to basic services requiring coordination." 

Section 15 of Article X which is being used to justify the Bangsamoro statehood is stated to wit:

"Section 15. There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines."

Now, what is clear in this provision is the creation of "autonomous regions" in Muslim Mindanao, which to my mind, does not refer to areas which Bangsamoros live, but to areas where there are non-Muslims. 

Think--it would be foolhardy for the Framers of the Constitution to actually contemplate a scenario of two autonomous regions of Filipino Muslims---one, named ARMM and the other, Bangsamoro state. 

If this is so, then, why specify the ARMM and the Cordilleras? As far as Muslim Mindanao is concerned, there is only one autonomous region being contemplated there--and that is, ARMM.

Is there a possibility perhaps, that other autonomous regions populated by Muslims be created side by side with ARMM? No. 

The phrase "autonomous regions" does not mean autonomous regions in Muslim Mindanao. It means the autonomous regions, referring to one, Muslim Mindanao and two, Cordillera.

The Bangsamoro State has powers beyond the contemplation of the Constitution. Meaning, it has police powers, taxation, legislative, Executive and judicial powers to be exercised in a definitive territory. These are the elements of a state, which the Bangsamoro representatives from the MILF understood.

Now, did the Constitution grant Congress the power to fully erase the ARMM, without the benefit of an amendment to the Constitution? 

Yes, section 18 of Article x provides that the Congress has the power to enact a Code. However, the powers of this created region is subject to the limitations prescribed in section 20 of the same provision, which are:

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.

Now, is the Constitution agreeable to the suggestion of giving police powers to the new Bangsamoro state? Section 20 of Article X of the Constitution is explicit---the defense of the autonomous region is to be provided for by the National Government while the local security rests with the local security units.

Again, this conflicts with an existing Constitutional provision which states that the Philippine National Police is the only national police force?