PROVISION
Article III, Section 5: Bangsamoro waters
Article IV, Section 2: Democratic Political System
Article V, Section 3(15): Exclusive authority over
power generation and transmission within
Bangsamoro
Article VI, Section 1: Asymmetric relationship
Article X, Section 7(3): The decisions of the
Shari'ah High Court are Final and Executory
Article X, Section 27: Justices from the
Bangsamoro
Article XI, Sections 2-8: The Bangsamoro Police
Article XII, Sections 15,17: The Block grant and
automatic appropriations for the block grant
Art. XII Sec. 2: Auditing - All public funds of the
Bangsamoro are subject to auditing. For this
purpose, a Bangsamoro Commission on Audit
(BCA) is hereby created. It shall have the power,
authority, and duty to examine, audit, and settle all
accounts pertaining to the revenue and receipts of,
and expenditures or uses of funds and property,
owned or held in trust by, or pertaining to the public
funds utilized by the Bangsamoro. The utilization of
the revenue generated by the Bangsamoro
Government and block grants or subsidies from
foreign or domestic donors shall be subject to the
auditing rules and regulations of the Bangsamoro
Government and to auditing by the BCA auditors.
The BCA’s power, authority and duty shall be
without prejudice to the power, authority and duty of
the Commission on Audit (COA) to examine, audit
and settle all accounts, pertaining to the revenues
and the use of funds and property owned and held
in trust by any government instrumentality,
including GOCCs.
Article V Sec. 3(29): Exclusive authority over
ancestral domain and natural resources
Article V Sec. 3(14): "Establishment of government
owned and/or controlled corporations (GOCCS)
and financial institutions. – The Bangsamoro
Government shall legislate and implement the
creation of its own GOCCs in the pursuit of the
common good, and subject to economic viability.
The GOCCs shall be registered with the Securities
and Exchange Commission or shall be established
under legislative charter by the Bangsamoro
Government"
ARGUMENTS COUNTER-ARGUMENTS REBUTTAL
I don't think it undermines the democratic and
republican state of the Philippines because: (1) the
Bangsamoro's Parliamentary government
essence of republicanism is the existence of a
undermines the status of the Philippines as a
central / federal government and (2)
"democratic and REPUBLICAN state"
representatives are still chosen via popular and
representative elections.
The delegating law must (a) be complete in itself --
it must set forth therein the policy to be carried out
or implemented by the delegate. . . and (b) fix a
standard -- the limits of which are sufficiently
determinated and determinable -- to whhich the
Undue delegation
deegate must conform in the performance of his
functions. . ." (Pelaez v. Auditor General;
ABAKADA Guro Partylist v. Purisima; please look
for stronger cases, may isang na-discuss about
this)
There is no provision in the constitution that allows
for an "asymmetric" relationship between the
National government and an autonomous region.
Infringes on the constitutional grant to the Supreme Amend to retain the supremacy of the Supreme
Court to review decisions of the lower court Court
The Philippines employs the Rational Basis Test in
determining whether or not the equal protection
clause has been violated: An assailed statute
passes this test if there is (1) A legitimate state
(1) The requirement for the appointment of at least interest that provides a rational basis for (2) a
one SC justice from the Bangsamoro violates the distinct classification. The Bangsamoro Basic
equal protection clause; (2) courts are appointed Law's expressed purpose; "to provide a a basic
positions, not representative ones. Granting this structure of government in recognition of the
would allow other groups to demand justness and legitimacy of the cause of the
"representation" in the courts, where the only Bangsamoro people and their aspiration to chart
interest that should be represented is the law. their political future through a democratic
process..." is a legitimate interest that provides the
basis for a substantial distinction granted to the
Bangsamoro people in recognition of the historical
exclusion and marginalization of the Bangsamoro.
Article XVI of the 1987 Constitution: "The State
shall establish and maintain one police force, which
shall be national in scope and civilian in character,
to be administered and controlled by a national Ano po meron dito? Diba provided sa BBL Draft na
police commission..." The creation of a separate "it shall be part of the Philippine National Police"?
and virtually independent Bangsamoro Police
Force, albeit under the general supervision of the
national government violates the spirit of this clause
All appropriations are supposed to be exact,
Art. XII Sec. 16 provides a formula for the block grant so maybe the exact
definite and complete in themselves. An automatic
amount could be determined by this formula. (Additional info about
appropriation from the national budget for an
PDAF ITO :S automatic appropriations? Please see No. 11 in http://www.dbm.gov.
autonomous region with an independent audit
ph/wp-content/uploads/2012/03/PGB-B1.pdf). And about the auditing
commission makes it difficult to exact accountability
problem, it's addressed by the row below.
for national funds.
1987 Constitution, Art. IX Section 2. (1) The
Commission on Audit shall have the power,
authority, and duty to examine, audit, and settle all
accounts pertaining to the revenue and receipts of,
and expenditures or uses of funds and property,
owned or held in trust by, or pertaining to, the
Government, or any of its subdivisions, agencies, or
instrumentalities, including government-owned or
controlled corporations with original charters, and
on a post-audit basis: (a) constitutional bodies, People argue this but there's this statement "the
commissions and offices that have been granted BCA’s power, authority and duty shall be without
fiscal autonomy under this Constitution; (b) prejudice to the power, authority and duty of the
autonomous state colleges and universities; (c) Commission on Audit (COA) to examine, audit and
other government-owned or controlled corporations settle all accounts, pertaining to the revenues and
and their subsidiaries; and (d) such non- the use of funds and property owned and held in
governmental entities receiving subsidy or equity, trust by any government instrumentality, including
directly or indirectly, from or through the GOCCs" in BBL. This statement in the provision
Government, which are required by law or the recognizes COA's authority over the auditing by
granting institution to submit to such audit as a the BCA.
condition of subsidy or equity. However, where the
internal control system of the audited agencies is
inadequate, the Commission may adopt such
measures, including temporary or special pre-audit,
as are necessary and appropriate to correct the
deficiencies. It shall keep the general accounts of
the Government and, for such period as may be
provided by law, preserve the vouchers and other
supporting papers pertaining thereto.
Violation of Article XII Sec. 2 of the Constitution: "...
Isn't there a similar arrangement in the IPRA Law?
With the exception of agricultural lands, all other The BBL is probably better because it is explicit in "Article XIII Sec. 8. Natural Resources, Natural Reserves and Protected
natural resources are owned by the State... The the joint exercise of power to grant rights, Areas. - The Bangsamoro Government shall have the authority, power, and
exploration, development, and utilization of natural privileges, and concessions over the exploration, right to explore, develop and utilize the natural resources, including
resources shall be under the full control and development, and utilization of fossil fuels and surface and sub-surface rights, inland waters, coastal waters and
supervision of the State..." uranium. (Article XIII, Section 10) renewable and non-renewable resources in the Bangsamoro..."
Paragraph 2 reads "Government-owned or
controlled corporations may be created or
Violation of Art. XII Sec. 16 of the Constitution: "The
established by special charters in the interest of
Congress shall not, except by general law, provide
the common and subject to the test of economic
for the formation, organization, or regulation of
viability." Under Sec. 28 Art. XII of the BBL, the
private corporations. Government-owned or
Bangsamoro Parliament is given power to
controlled corporations may be created or
establish Bangsamoro Government-created
established by special charters in the interest of the
GOCCs by legislative charter. Perhaps this
common and subject to the test of economic
legislative charter may be considered a special
viability."
charter for purposes of Sec. 16 Art. XII of the 1987
Constitution?