Thursday, October 11, 2012

Conflict of Laws Re Bangsamoro-GRP Peace deal

As the day nears the signing of the controversial peace deal between the Government of the Republic of the Philippines and the Moro Islamic Liberation Front (MILF), several questions are now slowly being asked by our Bangsamoro friends.

One of them asked about Atty. Marvic Leonen's statement on the supremacy of the 1987 Constitution with regards to rights and privileges of citizens. Leonen said, under the Bangsamoro entity, the Sharia Law will govern Muslims, but there is a limit. The entity called Bangsamoro cannot impose "cruel and inhumane" punishment such as what is allowed in the Sharia law. 

So now, a question. What if a Christian Filipino kill a Bangsamoro, what law will govern? Will it be Sharia or the Revised Penal Code? What punishment will be meted to this Filipino who committed criminal perfidy?

In commercial transactions, the drawing of a check without funds is punishable by a penal provision of the Sharia. In the RPC, there is no such punishment. Which law will then be applied?