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? 

A believer of God is a fighter for Justice

What is the responsibility of every single individual who professes to worship GOD? It is to obey God's commandments. And what is the commandments of God? To love him with all of one's might and with all of one's strength and love other people as well. Who are the people whom a believer must love and support? These are those who are poor, orphaned and widowed. How would one love them? By helping them and casting wickedness and fighting off poverty and the causes of their miseries and afflictions.

In just one paragraph I wrote what God wants us, believers to do--love one another by casting off wickedness and fighting the evil that surrounds us. That is a responsibility which we must not shrink of. For Justice, belongs to God and as believers of God, one must stand up and fight for the Cause of Right.

Be it Christian or Muslim, every believer of the One True God adheres to this. The Cause of Right is the right and most righteous Cause of All. It transcends all causes.

If Manny Villar wants to cure poverty, then, we must support him.

If Noynoy Aquino believes that we should fight off graft and corruption, we must be behind him.

If Richard Gordon wants to transform this country and for it to be great again, then, we must help him.

If Joseph Estrada wants to bring back power to the poorest of the poor, then, his Cause is just and worthy.

If Bro. Eddie Villanueva wants God to be at the center of our government, then, let the true worship of God be our Cause.

And if Gilbert Gibo Teodoro's cause espouses all of these, then, what would prevent us from supporting him with all our might and strength?

Adel Tamano's backer is Vicki Belo, and no Moro

I had a meeting with organizers of the Muslim communities two days ago. There's this nasty rumour that fellow Muslim Adel Tamano's campaign is being supported by no less than "beauty expert", Dr. Vicki Belo. Nothing wrong there except that Belo was involved in the nasty Hayden Kho sex scandal and cases were filed against Belo for alleged medical "malpratices".

If Belo is supporting Tamano, no one among the legitimate and hard-working Muslim organizers support him. No one is actually going the rounds, campaigning hard for Adel. What happened?

Two things: first, Adel Tamano did not approach any Muslim group for help. Hence, his fellow Muslims think that he is too proud to ask for their help. These organizers, as you know, made possible former president Joseph Estrada's decisive win in Mindanao and some parts of Luzon. Remember that Muslims are everywhere---Muslims have a large community in Pangasinan, a vote-rich province and Pampanga. Even in Cavite, Metro Manila and Bulakan. Tarlak also has a huge Muslim community. These organizers, have been them through war and peace, are hard-working ones. They are feeling very bad about Tamano.

And second, majority of Muslims hate Adel Tamano for issuing anti-Muslim statements and most of all, for not keeping his promise of staying with the camp of former president Joseph Estrada.

Adel Tamano is one of our most promising young leaders. He is intelligent, more capable than other candidates actually if you think about it. Yet, he destroyed his name when he changed parties because of some rumour that the administration will not allow Erap to run as a candidate AND he continues to disdain any association with Muslim groups.

POor Adel. His dismal rankings in the surveys show that he needs to do more than serving as Belo's spokesperson to generate enough "buzz". And he must not deny his being a Muslim.

Another thing---some elder Muslims, very influential in the communities, say that they think it is haram for Adel to allow his wife to eat pork in his table. I don't know where they got this information and surely, I will ask Adel to give his side about this. There is a rumour spreading among Muslims in the Philippines that Adel's wife (a Christian) is eating pork and other dishes considered haram (illegal). Fact is, they say, pig meat is stored in Adel Tamano's refrigerator. How true?

Short Appeal to the Bangsamoros

Assalamu alaikum wah rahmatullah!

I just received word that Imam Boratong, the alleged notorious big-time drug dealer who operates the Pasig shabu tiangge is still in operation. I humbly ask our fellow Muslim brothers to form a strike force and obliterate Boratong's group who continues to besmirch the good name of Muslims in Pasig and throughout the Philippines. Let all Muslims throughout this land condemn the illegal drug trade especially this is haram, a sin, a totally despicable and spiteful thing which only Muslims themselves should excise from the face of the earth. Let all true believers of Islam arm themselves with the Will of Allah SWT and put an end to this perversity.

Do we have Islam-phobia?

The hawks in Malacanang are laughing themselves all the way to the bank. Their scheme of creating chaos in an otherwise peaceful country has affected almost everybody in this tiny yet disenfranchised Republic of Southeast Asia. Everybody, I mean, just everybody has something to say about this imbroglio in Mindanao. Filipinos are passionately discussing things, as if it's a matter of life and death.

While my colleagues debate and write articles damning this Memorandum of Agreement to high heavens, we forget the plan of government to audit the books of the oil companies. That laudable plan has been put in the backburner, though, a few days back, that's the hottest coffee shop talk. Since things stand as it is, oil companies are sneakingly getting their way out of calls for a rollback. One big oil company says, it can only give a 50 cents rollback on diesel since it still has some "under recoveries". While, in its global headquarters, it reported a 7 billion peso profit (and still going up).

When the talk shifted to Mindanao, there seems to be an increase in impassioned talk. Why? Compared with the talk about higher fuel and food prices, this issue on Mindanao has been discussed more thoroughly as if everyone thinks that it's more important than the economy.

When its religious strife, Filipinos always strongly feel something about it. Why? Do we have a nationwide Islam-phobia? We always write that these Muslims deserve our attention, but when it comes to granting them independence, we take whatever views we have and say, we don't support it and it's better for them to just have autonomy?

When can we possibly transcend this Islam-phobia thing? That's what I was saying all along--Filipinos must be consistent. If we really consider these Muslims as Filipinos, we must assimilate them into the prevailing culture. Or rather, we must accommodate their Islamic way into ours and co-exist. For if we fail to do this, we risk having all these calls of independence.

And, if we do care for them, why is Mindanao still a backward, underdeveloped and impoverished region? For decades, it has been left desolate by this government. It is rich in natural and human resources but remains as the poorest region among Philippine regions? Sometimes I feel that they deserve a better government, a government run by them, instead of those in Imperial Manila.