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? 

Nur forming Bangsamoro Armed Forces

Former MNLF Chairman Nur Misuari is said to be forming a 150,000 strong MNLF police force. Misuari said that he intends to train this police force to protect areas said to be part of the Bangsamoro Juridical Entity (BJE). Now that government refuses to honor its previous commitment as encapsulated in the failed BJE-MOA, Moro groups such as the MNLF are finding other ways to "keep the peace" in Mindanao.

The question is--is this constitutional? Is Misuari allowed by the Philippine Constitution to form his own police force? Obviously, no. The only legitimate armed forces as contemplated in the Charter are those authorized by legislative fiat which are the AFP and the PNP. Any other force are illegitimate. So, how would government view this suggestion?

Misuari cannot form his own armed forces because it is tantamount to rebellion. If he operates within the purview of the Philippine constitution, he risks arrest and possible detention because he cannot form such an army.

Another armed aggrupation in Mindanao will not help the peace process there. What would be beneficial is for the GRP and the MILF to go back to the peace table. But, how will they when obviously both camps are insincere?

In the next few weeks, we expect a temporary cessation of hostilities. However, after 45 days, no body knows what would happen in Mindanao should both sides continue to harden their positions. The MILF already declared that they'll wait for the next president to resolve the Bangsamoro Question, a virtual declaration that they're abandoning the peace talks.

On the Bangsamoro Question

If you notice the main issue opposing the GRP-MILF deal, you'll notice one oft-repeating word: "dismemberment". Most analysts, unfortunately including United Opposition Spokesman Atty. Adel Tamano (a born Muslim by the way), say they oppose the deal because it would cause the division of the country, which, they say, contradicts the Constitution.

I dare say, what dismemberment? What is to be dismembered when there's no integration in the first place?

Beyond the legalities or the definition of a territory within the constitutional purview, did we, the Filipino People, really considered the Bangsamoro people as Filipinos? Are these people from Basilan, Tawi-Tawi, Jolo, Zamboanga and all the rest of Moroland even considered themselves Filipino?

Did these people inhabiting Moroland act, live and breathe like Filipinos? Do we really integrate or assimilate their culture with our prevailing one?

When ask how do we describe our country, most of us would say "we're the only Christian nation in Asia", right? That statement alone shows you how isolated, how disjointed, how clear the distinction is in the minds of most Filipinos. Yes, it could be a factual statement, but it is not accurate. That statement already excluded 3 million born Muslims and millions more of reverted Muslims (or what we call "Balik-Islam").

Face it--these people constituting the Bangsamoro People--have a different system of beliefs, have a different tradition, have a different culture that totally opposes or contradicts the prevailing culture. What most Filipinos consider as legal, most are contradictory to Bangsamoro beliefs. The Bangsamoro is different. The Bangsamoro is unique. The Bangsamoro is not Filipino.

People opposing this deal do so because they're afraid they'll lose their powers. More than property rights, these people got wealthy enslaving the Bangsamoro. For decades, they enjoyed the fruits of the land, exploiting the natural and human resources of Mindanao, for their own. And what happened to those whom they enslaved?

Extreme and widespread poverty leading to widespread dissent and a long-standing war that has threatened the lives and futures of the Bangsamoro people. In all provinces of this country, Mindanao is the most impoverished, especially Basilan, Tawi-Tawi, Jolo and Zamboanga.

Those claiming "royal blood" oppose this deal because they'll lose whatever "divine claims" they have over the Bangsamoro. I dare say, what right do they have to claim proprietary property claims to these Muslim lands when it is illegal to claim ownership of land under Islamic law in the first place? Besides, what "divine right" do they have when they have'nt done anything to uplift the lives of their fellow Bangsamoro in those lands which they claim to be theirs?

And those in the United Opposition who oppose this deal do so because, face it, Gloria can claim credence to this as the only president who successfully resolved the Bangsamoro Question. I oppose Gloria and want her out immediately, but, in this issue, I fully support her and the peace panel. The Opposition reject this deal because the deal is a landmark deal that Gloria can claim as her perpetual legacy to the peace issue. 

The Opposition says government is entering into the deal with an insincere intention. They say government can't deliver its promise. How do they know? Are these "oppositionists" now claiming to be psychics? I mean, how do they know that government can't deliver? And besides, that's the problem of the MILF right? If government can't deliver its promises, then, government is liable to the MILF and the international community.

Opposition says they reject this deal because it would lead to charter change. I don't believe that. MILF peace panel member Atty. Michael Mastura says that the deal only recognizes the right of the Bangsamoro to have their own state. And even if Gloria do want charter change, I don't think she'll succeed in it because people would definitely oppose any change other than resolving the Bangsamoro question. 

We all need to give peace a chance. Those who want war, like North Cotabato Vice Governor Ed Pinol and the Lobregats of Zamboanga, let them be damned. Peace adviser Hermogenes Esperon Jr. is right--if the MILF imposes its rights under the deal in the future, the AFP does'nt have any right to intervene on their behalf. Let the MILF resolve these problems. It's their territory anyway. 

Let me say one thing--we need to consider this deal as a necessary small step towards the ultimate solution to the Bangsamoro question. For after this deal, there's no more we can expect from this but a long debilitating war. And a war at this point, would affect everybody, Filipinos and Bangsamoros. 

On the Liberation of the Bangsamoro People

On Tuesday, members of the government peace panel and the Moro Islamic Liberation Front (MILF) will sign a historic deal. This deal will lead to the establishment of a Bangsamoro Juridical Entity (BJE), an entity which would grant sovereign rights to the MILF on "ancestral domain". The ancestral domain, in this case, covers parts of Zamboanga, Basilan, Tawi-Tawi and Sulu. The GRP peace panel agreed to give the Bangsamoro political, economic and even police powers to the MILF under this deal.

This early, some hailed this as a landmark deal which could probably end the Moro secessionist struggle in Mindanao. Others, like traditional Moro families and wealthy Christian landowners, have registered their protests. They see the landmark deal as property encroachments which could potentially lead to more violence at the onset.

As PinoyObserver wrote some entries ago, this is just a start of the Bangsamoro struggle. After this, expect an escalation of violence among various groups with differing interests in Mindanao. Expect traditional wealthy caciques and traders like the Lobregats and the Pinons who have large tracts of arable and industrial lands, to protest. Expect a veritable civil war to erupt between "Moro royal families" and those belonging to the MILF because lands claimed by these royalties are to be included in the BJE territory.

Those claiming sovereignty under the Sultanate of Sulu will also rally against this deal. Under this deal, the present administrator of "Sultanate", which, to be honest, does not exist anymore due to the death of the legitimate heirs of the Sultan of Sulu, will definitely register his protest. He, along with numerous others who claim "royal blood", will protest against the deal because the pact will write finis to all these spurious claims. 

It will also affect the present claim of the Philippines in Sabah, because the deal will recognize that those lands under the "Sultanate" are actually, part of the BJE. 

There will be a period of great instability and turmoil, but this should not hinder nor discourage Arroyo from signing this deal. After the signing, the MILF will now bear the costs of such turmoil, not the government. As BJF administrator, the MILF through the Bangsamoro Islamic Liberation Army Front (BILAF) will have to contend with these anti-revolutionary forces.  The MILF will have a greater struggle ahead of it, owning to the firepower that these groups have ranged against it. The MILF should persevere and should not deter from the reason of its formation---the creation of an Independent Bangsamoro State.

In general, the deal will greatly benefit not only those under the BJE but also the entire nation. The potential of foreign investments from both China, the Middle East, India, the United States and Europe is there. Mindanao is underdeveloped. With a new government to be administered by the Bangsamoro themselves, anything is possible there.

Now, the Bangsamoro can build its own megacities, create jobs, create opportunities for everyone. The Bangsamoro can build investment sites. The territory to be given to them has enormous potential for development and growth. The area is rich in mineral and oil resources which, if developed, could potentially increase investment and further grow and modernize the Bangsamoro state.

However, this is just a small step. The growth and development of the BJE will take years before we finally enjoy its fruits. For now, the Bangsamoro People will have to prepare themselves against those who don't want progress. These groups have enslaved the Bangsamoro people for centuries. The enslavement have kept Mindanao underdeveloped and poor. For the Bangsamoro People to end it, it would need the Help of God to shackle those chains that have impoverished its people.

A Few Questions to Mar Roxas

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