International Political Economy

Nova Sabio March 17’ 2018, Saturday

AB Foreign Service/ FS301 Sir Jumel G Estrañero

THE BANGSAMORO BASIC LAW:

SEPARATION OF MUSLIM MINDANAO FROM

THE GOVERNMENT

Abstract

The purpose of this paper is to understand the Bangsamoro basic law upon
their wants of the separation of the Muslim Mindanao from the government. The
research study adds to the academic discourse by showing the effects of the
bangsamoro basic law in the constitution of the Philippines.

Keywords: Bangsamoro basic law, Bangsamoro, Muslim Mindanao, Muslim,

Mindanao, Constitution, Philippines, Government
 Chapter I
INTRODUCTION

"We want a good BBL that would really address the problems of Mindanao."
- Rappler.com

Background of the Study

The Bangsamoro Basic Law, often referred to by the acronym "BBL" (Filipino:
Batayang Batas para saRehiyongAwtonomo ng Bangsamoro), was a bill deliberated
upon by the 16th Congress of the Philippines which sought to establish a proposed
new autonomous political entity known as the Bangsamoro Autonomous Region,
replacing the current Autonomous Region in Muslim Mindanao (ARMM).1

As an organic act, the Basic Law would have provided for the basic structure
of government for the Bangsamoro Autonomous Region, and enacted the
agreements set forth in the Comprehensive Agreement on the Bangsamoro, which is
the peace agreement signed between the Government of the Philippines and the
Moro Islamic Liberation Front in 2014.2

Parts of the Proposed Law

The various portions of the BBL as proposed by the Bangsamoro Transition

Commission which had been assigned to draft the bill include sections covering: 3

__________________
1
"Panukalang Batas Blg. 4994" (PDF). Office of the Presidential Adviser on the Peace
Process. Archived from the original (PDF) on 10 July 2015. Retrieved 8 July 2015.

2 "Panukalang Batas Blg. 4994" (PDF). Office of the Presidential Adviser on the Peace
Process. Archived from the original (PDF) on 10 July 2015. Retrieved 8 July 2015.

3 "FAQs about the Bangsamoro Basic Law". GMA News Online. GMA Network. September 10,
2014. Retrieved February 16, 2015.
 • General Provisions;

• Bangsamoro Identity;

• Bangsamoro territory;

• Political Autonomy and Bangsamoro Government;

• Inter-Governmental Relations;

• Bangsamoro Justice System;

• Public Order and Safety;

• Fiscal Autonomy;

• Economy and Patrimony;

• Natural Resources

• details of the plebiscite that would lead to ratification of the BBL;

• and the details of the Bangsamoro Transition Authority that would be

set up in the meantime.

Legislative process and replacement bills

The draft of the law was submitted by President Benigno Aquino III to
Congress leaders on September 10, 2014.4

An Ad Hoc committee assigned to the bill by Philippine House of

Representatives passed its version of the bill, House Bill 5811, on May 20, 2015.
The bill is now under interpellation in the house plenary.5…6

__________________
4 http://www.hdcentre.org/uploads/tx_news/Primer-on-the-proposed-Bangsamoro-Basic-
Law.pdf

5 AndreoCalonzo (September 10, 2014). "PNoy personally submits draft Bangsamoro law to
Congress leaders". GMA News Online. GMA Network. Retrieved February 16, 2015.

6 http://newsinfo.inquirer.net/692631/house-passes-proposed-bbl-50-17
 In the Philippine Senate, a revised version of the BBL, known as the
Bangsamoro Autonomous Region Law (Senate Bill 2894),7 was presented on August
11, 2015.8 after lengthy deliberations on the BBL in the Committee on Local
Government,9 and was due for interpellation on August 17, 2015. 10 Due to the length
and complexity of the bill, however, the senate temporarily deferred the period of
interpellation for the bill.11 The 16th Congress went on recess without passing the bill
on February 2, 2016.12 The bill, originally shelved by the 17th Congress of the
Philippines,13 is now being pushed by President Rodrigo Duterte.14 Poised to pass
within the second session of the 17th Congress, the latest draft submitted on July 17,
2017 is now being reviewed by the President.15 Once the BBL is passed, it will set a
precedence for federalism as pushed by the administration.

President Rodrigo Duterte.14 Poised to pass within the second session of the

__________________
5 AndreoCalonzo (September 10, 2014). "PNoy personally submits draft Bangsamoro law to
Congress leaders". GMA News Online. GMA Network. Retrieved February 16, 2015.

6 http://newsinfo.inquirer.net/692631/house-passes-proposed-bbl-50-17

7 http://www.mindanews.com/peace-process/2015/07/30/btc-rejects-hb-5811-urges-congress-
to-pass-bbl-in-its-original-form/

8 http://newsinfo.inquirer.net/718491/marcos-bangsamoro-bill-exercise-in-futility

9 Mendez, Christina (4 August 2015). "Senate sets new timeline for BBL approval". Philstar.
Retrieved 25 April 2016.

10 Gita, Ruth Abbey (13 August 2015). "Senate BBL debates to start August 17". Sun.Star.
Retrieved 24 April 2016.

11 Nicolas, Fiona. "Senate defers BBL deliberations". cnnphilippines.com/. CNN Philippines.

Retrieved 13 April 2016.

12 http://www.philstar.com/headlines/2016/02/04/1549507/congress-buries-bangsamoro-bill

13 "No BBL: Next Congress to focus on federalism". Philstar Global.

14 Cayabyab, Marc Jayson (July 25, 2016). "Duterte urges 17th Congress to pass BBL".
INQUIRER.net. INQUIRER.net. Retrieved August 7, 2017.
17th Congress, the latest draft submitted on July 17, 2017 is now being reviewed by
the President.15 Once the BBL is passed, it will set a precedence for federalism as
pushed by the administration.

Chapter II
STATEMENT OF THE PROBLEM

Primarily, the purpose of this paper is to determine the effects of the First
World Countries up to the Third World Countries on the International Political
Economy.

Specifically, the study sought to answer the following questions:

1. What is Bangsamoro Basic law?

2. Why is it that Muslim Mindanao wants to separate from the
Government of the Philippines?
3. What will be the effects of the Bangsamoro basic law to the
Government?

Hypothesis

 The Bangsamoro basic Law will not affect the government.

 The Muslim Mindanao doesn’t want anything.

METHODOLOGY

This presents the procedures that was be carried out in the study. The
procedures will be discussed according to the following topics:

__________________
14 Cayabyab, Marc Jayson (July 25, 2016). "Duterte urges 17th Congress to pass BBL".
INQUIRER.net. INQUIRER.net. Retrieved August 7, 2017.

15 Bacungan, VJ (July 24, 2017). "House to prioritize BBL, federalism on resumption of 17th
Congress". CNN Philippines.com. CNN Philippines. Retrieved August 7, 2017.
 1. Research Design;
2. Source of data;
3. And the Data Gathering Procedures.

Research Design

This study utilizes the qualitative type of research due to its appropriateness
to the study. A qualitative research uses interpretative frameworks from the critical
theoretical view but also reveals ways that power is embedded in social context.
Hence, it typically rely on the following methods for information: Participant
observation, Non-participant Observation, Field Notes, Reflective Journals,
Structured Interview, Semi-Structured Interview, Unstructured Interview, and
Analysis of documents and materials.16

Under qualitative type of research, the researcher used the historical

approach. This design interprets the past trends of attitudes, event and fact. It allow
one to discuss past and present events in the context of present condition and allows
one to reflect and provide possible answers to current issues and problems.17 It is on
the reason why the researcher used the historical approach since the researcher aim
to trace and to understand the Bangsamoro basic law upon their wants of the
separation of the Muslim Mindanao from the government. And know the effects of
the bangsamoro basic law in the constitution of the Philippines.

Source of data

The information about the subjects, documents, technology, samples or any

other entities within which data for the study were obtained are provided in here.
Which can be seen in Chapter VI, The References.

__________________
16 Marshall, Catherine and Rossman (1998)
17 Marshall, Catherine and Rossman (1998)
Data Gathering Procedures
For this research study, the source of data is the systems that uses the texts,
theories, technology or materials as a basis. It includes the detailed description of
the process of selection and acquisition, manner and condition of utilization and the
specifications of the sources.18

Chapter III

REVIEW OF RELATED LITERATURE

This chapter discusses the related literatures that were helpful in the study.
Data and information were obtained from books, journals, periodicals, magazines,
unpublished theses and online sources. It is divided into three parts, the Conceptual
Literature, Research Literature and the Synthesis.

Conceptual Literature

History of the Bangsamoro peace agreements

The Framework Agreement on the Bangsamoro

On 15 October 2012, a preliminary peace agreement was signed in the

Malacañan Palace between the Moro Islamic Liberation Front and the Government
of the Philippines. This was the Framework Agreement on the Bangsamoro, which
called for the creation of an autonomous political entity named Bangsamoro,
replacing the Autonomous Region of Muslim Mindanao (ARMM).19

__________________
18 Ivan Brian L. Inductivo (2014), Lyceum of the Philippines University – Cavite, Research,
Innovation and Publication Center

19 "Govt, MILF agree to create 'Bangsamoro' to replace ARMM | News | GMA News Online | The
Go-To Site for Filipinos Everywhere". Gmanetwork.com. 2012-10-07. Retrieved 2012-10-26.
 The signing came at the end of peace talks held in Kuala Lumpur in Malaysia
from 2–6 October. These talks were the last of 32 peace talks between the two
parties, which spanned a period of nine years19

Annexes and Addendum

The Framework Agreement was later fleshed out20 by four Annexes and an
addendum:

• The Annex on Transitional Modalities and Arrangements - established

the transitional process for the establishment of the Bangsamoro, and detailed the
creation of the Bangsamoro Transition Commission, the Bangsamoro Transition
Authority, and the Bangsamoro Basic Law. This Annex was signed on Feb. 27, 2013.

• The Annex on Revenue Generation and Wealth Sharing - enumerated

the sources of wealth creation and financial assistance for the new Bangsamoro
entity. This Annex was signed on July 13, 2013.

• The Annex on Power Sharing - discussed intergovernmental relations

of the central government, the Bangsamoro government and the local government
units under the Bangsamoro. This Annex was signed on Dec. 8, 2013.

• The Annex on Normalization - paved the way for the laying down of
weapons of MILF members and their transition to civilian life. Normalization is the
process through which the communities affected by the conflict in Mindanao can
return to peaceful life and pursue sustainable livelihood. This Annex was signed on
Jan. 25, 2014.

__________________
19 "Govt, MILF agree to create 'Bangsamoro' to replace ARMM | News | GMA News Online | The
Go-To Site for Filipinos Everywhere". Gmanetwork.com. 2012-10-07. Retrieved 2012-10-26.

20 Sabillo, Kristine Angeli (26 March 2014). "What is the Comprehensive Agreement on the
Bangsamoro?". newsinfo.inquirer.net. Philippine Daily Inquirer. Retrieved 13 April 2016.
 • The Addendum on the Bangsamoro Waters and Zones of Joint
Cooperation - Signed on Jan. 25, 2014, this addendum detailed the scope of waters
under the territorial jurisdiction of the Bangsamoro (12 nautical miles from the coast),
and Zones of Joint Cooperation or bodies of water (Sulu Sea and Moro Gulf) within
the territory of the Philippines but not within the Bangsamoro.

The Comprehensive Agreement on the Bangsamoro

On 27 March 2014, a final peace agreement fully fleshing out the terms of the
framework agreement and annexes, known as the Comprehensive Agreement on
Bangsamoro (CAB) was signed between the two parties. 21 Under the agreement, the
Islamic separatists would turn over their firearms to a third party, which would be
selected by the rebels and the Philippine government.21 The MILF had agreed to
decommission its armed wing, the Bangsamoro Islamic Armed Forces (BIAF). In
return, the government would establish an autonomous Bangsamoro. 21 Power
sharing was a central point to the autonomy redesign.

The Mamasapano clash and public reaction

On Sunday, January 25, 2015, three platoons of the elite Special Action Force
(SAF) under the Philippine National Police entered the guerrilla enclave of
Tukanalipao, Mindanao, Philippines, with the goal of detaining two high-ranking
Jemaah Islamiyah-affiliated, improvised-explosive-device experts, Zulkifli Abdhir
(also known as Marwan) and Abdul Basit Usman. The SAF troops raided the hut
where they believed Marwan was located, and the man they believed to be Marwan
engaged them in a firefight and was killed. However, the shooting alerted armed
forces in the area. What followed was a bloody encounter that left 44 SAF, 18 MILF,

__________________
21 "500 MILF members to attend Bangsamoro accord signing at Palace | Inquirer News".
Newsinfo.inquirer.net. 2014-03-25. Retrieved 2015-02-27.
and 5 BIFF dead, where the 44 SAF members were trapped with little ammunition
between the rogue BIFF and a group of MILF fighters. A video was released
afterwards which showed MILF fighters shooting the feet of a SAF member then
shooting the head twice while taking the video.22..23..24

Supposedly as a result of the negative media coverage arising from the

Mamasapano incident, the March 2015 survey conducted by public opinions polling
group Pulse Asia found that 44% of Filipinos were opposed to the Bangsamoro
Basic Law's passage, with only 22% supporting its passage.25 Opposition to the law
was strongest among the poor (45% in Class D, 43% in Class E) and among those
living in Mindanao (62%).25 Awareness of the law was high, at 88%.25

With the collapse in popularity of the bill, House Speaker Feliciano Belmonte,
Jr. acknowledged the prospect that the bill may be rejected by Congress in the face
of stiff public opposition, and hoped that the government would produce a "Plan B".26

Other Issues Concerning BBL

Numerous indigenous groups in the Bangsamoro region do not adhere to

Catholicism nor Islam, making them vulnerable to exploitation in a proposed Muslim-
controlled regional government. In 2015, various indigenous people groups rejected
the formation of the Bangsamoro due to lack of consultation with all stakeholders,
especially the non-Muslim indigenous people who form a huge minority in the said or

__________________
22 "Text message sent by Napeñas to AFP 6th Infantry Division commander at 6:18am". ABS-
CBN News Channel Twitter. February 9, 2015. Retrieved February 10, 2015.
23. "PNP: Elite cops killed in Maguindanao clashes". Rappler. January 25, 2015. Retrieved
January 28, 2015.
24. "Survey says: opinions on Bangsamoro Basic Law more favorable among those who know it".
Business World Online. 5 June 2015. Retrieved 13 April 2016.
25 Calonzo, Andreo (March 19, 2015). "44% of Pinoys oppose passage of BBL —Pulse Asia".
GMA News Online. GMA Network. Retrieved March 19, 2015.
26 Yap, DJ; Salaverria, Leila; Dizon, Nikko (March 20, 2015). "44% vs BBL: Gov't needs Plan B".
Inquirer.net. Philippine Daily Inquirer. Retrieved March 19, 2015.
in the proposed region.27

Christian Concerns

Roman Catholics and numerous Christian groups form a huge minority in the
proposed Bangsamoro, notably in Basilan, Cotabato City, Palawan, the Cotabato
region, Zamboanga City, Zamboanga provinces, and Lanao del Norte. Various cities
and municipalities, notably Isabela City in Basilan and Zamboanga City have
rejected their inclusion in the Bangsamoro region.28

LGBT Rights

The Bangsamoro Basic Law allows the usage of sharia law in Bangsamoro
territories. Homosexual intercourse is illegal under sharia law, though the prescribed
penalties differ from one school of jurisprudence to another. For example, some
Muslim-majority countries impose the death penalty for acts perceived as sodomy
and homosexual activities: Iran,29 Saudi Arabia,30 and in other Muslim-majority
countries such as Egypt, Iraq, and the Indonesian province of Aceh,31..32..33 same-sex

__________________
27 http://newsinfo.inquirer.net/693535/bbl-govt-hit-for-lack-of-consultations-with-indigenous-
peoples

28 http://news.abs-cbn.com/nation/regions/05/14/15/two-cities-reject-inclusion-bangsamoro

29 "Laws: and Iran, GayLawNet". Gaylawnet.com. Retrieved 2012-04-04.

30 "Laws: Saudi Arabia, GayLawNet". Gaylawnet.com. 2010-11-08. Retrieved 2012-04-04.

31
"Aceh Passes Stoning Law". The Straits Times. September 14, 2009. Retrieved December
22, 2009.

32 "Indonesia's Aceh: Two gay men sentenced to 85 lashes". BBC News. 2017-05-17. Retrieved
2017-05-17.

33 "Aceh Passes Stoning Law". The Straits Times. September 14, 2009. Retrieved December
22, 2009.
sexual acts are illegal,34 and LGBT people regularly face violence and
discrimination.35 In 2017, Indonesia's Aceh province allowed the public whipping of
gay couples through the implementation of sharia law. Due to sharia law being
defended by Indonesia's other laws, the public whipping was allowed despite
international criticism. This has renewed the call for the outlawing of Sharia law
practice in the proposed Bangsamoro region.36

Research Literature

Why insist on the BBL if it does not guarantee peace in Mindanao? What will it
bring to the region?

First, it legalizes the existence of the MILF. Commander Mohagher Iqbal

nailed it on the head when he said that “the MILF remains a revolutionary group in
the absence of the BBL”. From being a revolutionary group, its members now stand
a chance to be the lawfully recognized leaders of the Bangsamoro entity once the
BBL is passed. If this happens, I am curious as to how the MILF will treat the other
armed groups such as the Moro National Liberation Front (MNLF), Bangsamoro
Islamic Freedom Fighters (BIFF), Abu Sayyaf and the newly-organized Justice for
Islamic Movement (JIM).37

Second, it guarantees the flow of money in Mindanao. The Central

government is mandated under the Draft BBL to give an annual block grant to the
Bangsamoro which is estimated to be in the billions of pesos on top of the region’s
revenue from its own GOCCs, taxes, business fees, ports’ collections, mining fees

__________________
34 Rough Guide to South East Asia: Third Edition. Rough Guides. August 2005. p. 74. ISBN 1-
84353-437-1.

35 Diska PutriY, Pamungkas & Dessy Aswim. "Indonesia Still Far From a Rainbow Nation".
Retrieved 29 May 2014.

36 http ://www.bbc.com/news/world-asia-40024204

37 Fr. Jerome Secillano, MPA, Collection Box

and the cultivation of its other natural resources among others. This block grant shall
automatically be given without the necessary red tape that usually mars government
transactions (Art. 7 Sec. 17). As if these are not enough, the Central government
shall provide for additional funds that would subsidize expenditures for development
projects and infrastructure immediately after the ratification of the BBL for the next
five years (Art. 7 Sec. 21). Also, the twenty five percent (25%) that the Central
government supposedly gets from taxes, fees and charges collected in the
Bangsamoro shall be retained by the Bangsamoro government for a period of ten
(10) years and may even be extended upon mutual agreement of the Central and
Bangsamoro governments (Art. 7 Sec. 10).38

Third, it assures the Bangsamoro of its right to self-governance. To make it

appear that the powers of the Central Government are not compromised and the
right to self rule of the Bangsamoro is not jeopardized, the Draft BBL came up with
the words coordination and cooperation on matters that may potentially undermine
both. The problem is the extent of coordination and cooperation is not clearly spelled
out, hence, there’s a difficulty in determining what really ought to be done and what
shouldn’t be. After reading the Draft though, I got the impression that the
Bangsamoro’s right to self-rule seems to be favored with the Central Government
maybe consciously and slowly allowing the island of Mindanao to slip from its grip. 39

The Bangsamoro Basic Law is unconstitutional for two principal reasons

1. The Transition Commission which drafted it is void because President Aquino III
has no power to create a public office. No constitutional provision or law allows its
creation. In no way can it be considered an existing agency prior to its creation. It
cannot be justified as a means by which the President ensures “that the laws are

__________________
38 Fr. Jerome Secillano, MPA, Collection Box

39 Fr. Jerome Secillano, MPA, Collection Box

 faithfully executed” precisely because its creation is for the purpose of abrogating
the existing organic act of the ARMM – an existing law the execution of which
must be ensured by the President in the first place. Legally speaking, therefore,
the draft Bangsamoro Basic Law does not exist, and because it does not exist,
the President cannot certify it as urgent, and the Congress cannot act on the
same.40

2. Allowing the Bangsamoro Government to keep 75% of the taxes in the

autonomous region, to get the lion’s share of revenues from natural resources in
the region, and to get 50% of the revenues from fossil fuel exploitation there,
inevitably reduces the corresponding shares of the Philippine provinces,
municipalities and cities which are not included within the Bangsamoro region.
That reduction in their shares of revenues will translate to a substantial reduction
in government services and will trigger more taxes if basic state services are to
continue to be delivered. In other words, the Bangsamoro Basic Law affords
extra-ordinarily special treatment to the Bangsamoro Government, to the
prejudice of and damage to other local government units in the Philippines.41

The Bangsamoro Basic Law (BBL) can be regarded as an expression of this

exercise in legal plurality and political action; it is a pragmatic measure accepted by
the central sovereign Philippine state for a particular group of people while taking
into account their ethnic, religious, and geographic considerations.42

The Bangsamoro Basic Law outlines the relationship and power sharing between

__________________
40 Bryan Lee

41 Bryan Lee

42 Agarao, Miguel Alexander, Romero, Manolo Franco, Bangsamoro Basic Law: Acceptance of
Plurality or Rejection of Unity? - A Legal Anthropological Perspective
the Philippine Central Government (CG) and the Bangsamoro Government (BG). As
stipulated within House Bill 4994 the CG is in charge of the the Bangsamoro’s
defense, foreign policy, common market and global trade, monetary policy,
citizenship and naturalization among others, as a hallmark of its place within the
Philippine state’s overarching jurisdiction. These are the CG’s reserved powers, in
contrast to the BG’s exclusive powers which may be unique to the Bangsamoro. The
relationship between governments is described as “asymmetric” though the
agreements establish that they will at the same time harmonize and coordinate their
relationship, which may seem paradoxical. Perhaps a “harmonization” can be found
within concurrent powers held by both the CG and BG; concurrent powers
predominantly have jurisdiction upon public welfare matters and government
operations such as civil services, maintenance of infrastructure, public safety and
justice. These represent an overlap in interests and legal capability which reflect the
Juristic model, and is a clear practice of weak-form pluralism.43

Synthesis

The Bangsamoro Basic Law can be regarded as a pragmatic measure

accepted by the central sovereign Philippine state for a particular group of people
while taking into account their ethnic, religious, and geographic considerations. For
its Law outlines the relationship and power sharing between the Philippine Central
Government and the Bangsamoro Government.

On the other hand, the Bangsamoro basic Law, allows the usage of sharia law
in Bangsamoro territories. Homosexual intercourse is illegal under sharia law, though
the prescribed penalties differ from one school of jurisprudence to another. For
example, some Muslim-majority countries impose the death penalty for acts
perceived as sodomy and homosexual activities. Same sex-sexual acts are illegal for

__________________

43 Agarao, Miguel Alexander, Romero, Manolo Franco, Bangsamoro Basic Law: Acceptance of
Plurality or Rejection of Unity? - A Legal Anthropological Perspective
them and LGBT people regularly face violence and discrimination.

Chapter IV

PRESENTATION, ANALYSIS AND INTERPRETATION OF DATA

Results

Allowing the Bangsamoro Government to keep 75% of the taxes in the

autonomous region, to get the lion’s share of revenues from natural resources in the
region, and to get 50% of the revenues from fossil fuel exploitation there, inevitably
reduces the corresponding shares of the Philippine provinces, municipalities and
cities which are not included within the Bangsamoro region. That reduction in their
shares of revenues will translate to a substantial reduction in government services
and will trigger more taxes if basic state services are to continue to be delivered. In
other words, the Bangsamoro Basic Law affords extra-ordinarily special treatment to
the Bangsamoro Government, to the prejudice of and damage to other local
government units in the Philippines.

On the other hand. The Bangsamoro basic Law will not guarantee peace in
Mindanao. Asking why? Within the Bangsamoro basic law, it legalizes the existence
of the MILF. Commander Mohagher Iqbal nailed it on the head when he said that
“the MILF remains a revolutionary group in the absence of the BBL”. From being a
revolutionary group, its members now stand a chance to be the lawfully recognized
leaders of the Bangsamoro entity once the BBL is passed. If this happens, I am
curious as to how the MILF will treat the other armed groups such as the Moro
National Liberation Front (MNLF), Bangsamoro Islamic Freedom Fighters (BIFF),
Abu Sayyaf and the newly-organized Justice for Islamic Movement (JIM).
Discussion

The Bangsamoro Basic Law can be regarded as a pragmatic measure

accepted by the central sovereign Philippine state for a particular group of people
while taking into account their ethnic, religious, and geographic considerations. For
its Law outlines the relationship and power sharing between the Philippine Central
Government and the Bangsamoro Government.

But, if the the Bangsamoro basic law legalizes the existence of the MILF, the
Moro National Liberation Front (MNLF), Bangsamoro Islamic Freedom Fighters
(BIFF), Abu Sayyaf and the newly-organized Justice for Islamic Movement (JIM). It
will not really guarantee peace in Mindanao. Can you imagine your town with
persons walking in the street with guns and grenades in their hands or body? Or
some having masks that the part you can only see is their eyes? Of course not. It will
threaten each and everyone in the town particularly the Philippine Government

Chapter V

SUMMARY, CONCLUSIONS AND RECOMMENDATIONS

Summary

This section is a brief presentation of the content of the thesis. It includes the
objective of the study, methodology and significant finding.

The objective of the study is to:

 Have a further understanding upon the Bangsamoro Basic law.

  Know the truth behind the separation of the Muslim Mindanao from the
Government of the Philippines.
 What will be the effects of the Bangsamoro basic law to the Government?

This study utilizes the qualitative type of research due to its appropriateness
to the study. A qualitative research uses interpretative frameworks from the critical
theoretical view but also reveals ways that power is embedded in social context.
Hence, it typically rely on the following methods for information: Participant
observation, Non-participant Observation, Field Notes, Reflective Journals,
Structured Interview, Semi-Structured Interview, Unstructured Interview, and
Analysis of documents and materials.

Under qualitative type of research, the researcher used the historical

approach. This design interprets the past trends of attitudes, event and fact. It allow
one to discuss past and present events in the context of present condition and allows
one to reflect and provide possible answers to current issues and problems. 17 It is on
the reason why the researcher used the historical approach since the researcher aim
to trace and to understand the Bangsamoro basic law upon their wants of the
separation of the Muslim Mindanao from the government. And know the effects of
the bangsamoro basic law in the constitution of the Philippines.

Conclusion

I have concluded that the Framework Agreement on the Bangsamoro is

unconstitutional. The following statements will support my conclusion:

1. The Philippine Constitution provides for the powers of the state. The
Constitution is supreme. The Agreement reserves to the central government
the exercise of certain so-called "reserved powers," which are described as
powers "retained by the central government."
2. The Agreement diminishes the sovereignty of the Philippine Government by
listing what are the powers that the central government can retain. In other
words, the Agreement attempts to redefine the sovereignty of the Philippine
state.

3. The Agreement is between the Philippine Government (GPH) and the MILF. It
is misleading for the Agreement to identify that one party is the "Philippine
Government." The reality is that only one of the three branches of government
- the executive branch, consisting of the Office of the President acting through
a peace panel of negotiators - represented the government. The executive
branch alone does not represent the Philippine Government.

4. The executive branch, in negotiating the Agreement had no power to bind the
two other branches - legislative and judicial. In negotiating for the government,
I am afraid that the executive branch not only exceeded its powers, but may
have infringed upon the powers of the legislative branch.

5. When the executive branch misrepresenting itself as the Philippine

Government enters into an agreement with the rebel group, the result is not a
mere autonomous region as provided for by our Constitution, but a substate.

6. That Bangsamoro will be a substate is revealed by the following provisions:

 The powers of the central government shall be determined by the

Agreement, thus turning Bangsamoro into a substate.

 The Autonomous Region for Muslim Mindanao, which is provided for

by the Constitution, will be abolished by mere agreement with the
MILF, which is not surprising if you consider that the Bangsamoro has
become a substate.
  Allocation to the Bangsamoro of all powers exercised by the national
government over local government units.

 Although the Constitution provides that natural resources belong to the

state, in the Bangsamoro territory, only Bangsamoro will have
exclusive jurisdiction over natural resources.

 The Annex on Power Sharing gives to Bangsamoro so-called

"exclusive powers," which is defined as a tautology, as "powers or
matters over which authority and jurisdiction pertain to the Bangsamoro
government."

 Only the Bangsamoro shall be under a ministerial form of government,

while the rest of the country will operate under a presidential form of
government.

 The Agreement in Part 7, para. 4, subpara (b) enumerates the

functions of the Transition Commission which at present is reportedly
drafting the Bangsamoro Basic Law. One of the functions of the
Transition Commission is as follows: "To work on proposals to amend
the Philippine Constitution for the purpose of amending and enriching
in the Constitution the agreements of the Parties whenever necessary
without derogating from any prior peace

Recommendation

Upon all the information that the researcher gathered, she formulated the
following recommendations that can be added upon each and everyone’s insight and
can be considered in time.

1. Why not reserve a day for a national vote and ask for the opinion of the
people of the Philippines if they are in favor of the Bangsamoro basic law
 or not? It is the right of the people to decide for we are also the ones who
created and vested the authority to our president. Our voice and opinions
matters.

2. The bangsamoro basic law can really be a law without the legalization of
the different liberation fronts. For they can be a threat to the Philippine
Central Government. Terrorist can easily enter that nation for they can
easily mix up with the liberation fronts and pretend to be a part of it.

3. The bangsamoro can have wanted a self –rule type of governance fir they
have a different beliefs and culture than the rest of us. But when it comes
to those who are leading, why not have a leader that can still follow the
President of the Philippines. I mean, if it will not contradict with their culture
and beliefs they should really follow. Because having a central government
and bangsamoro government can be confusing for a person not having a
enough knowledge upon it. In fact, having a leader who refuses a
president can be a threat fo he can start a revolt and can light up a war
and conflict against the central government and the people of the
Philippines.
 Chapter VI

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