Bangsamoro Basic Law

Thesis statement: Despite the promising purpose of bringing peace in Mindanao, the
Bangsamoro Basic Law is not worth pursuing because it is unconstitutional.

I. The Bangsamoro people will be given their own form of government.

• Self-governance and right to self-determination, Sec 1 Art IV

• A parliamentary form of government, Sec 2 Art IV

• Wali, Art VIII

• The Constitution allows only one central government composed of the:

Executive to whom executive powers belong; the Legislative with the power to
make laws and power of the purse; the Judiciarywith power to interpret the
Constitution and all laws.

• The Constitution does not allow another separate government with the
foregoing 3 powers.

II. The Bangsamoro people will have their own executive “services”

• There is a discrepancy with the role of the Bangsamoro Police as it is affiliated

with the Philippine National Police.

• According to the Bangsamoro Basic Law, the Bangsamoro Police will be part
of the Philippine National Police (Section 2), however, it is stated in Section
12 that the Bangsamoro government has the power to “enact laws to govern
the Bangsamoro Police…”

• “PNP Constitutional Basis: Section 4, Article 2 of the 1987 Constitution

provides that, “… it is the policy of the State to promote peace and order to
ensure public safety and further strengthen local government capability aimed
towards the effective delivery of basic services for the citizenry through the
establishment of a highly and competent police force that is national in scope
and civilian in character”

• The establishment of a Bangsamoro Commission on Audit is unconstitutional.

• “The BCA’s power, duty and authority shall be without prejudice to the
power, duty and authority of the Commission on audit.” However, according to
the Philippine Constitution of 1987, Article IX , “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…”

III. The Bangsomoro will cause complications with national taxes

• The BBL will provide unequal rights in terms of taxes which goes
against the Equal Rights clause

• The Bangsomoro Gov’t will keep 75% of the taxes in the autonomous region
. The Bangsomoro Gov’t will get 50% of the revenues from fossil fuel. this
will reduce the shares of the Philippine provinces and raising the taxes of those
who are not included in the Bangsomoro region. “The rule of taxation shall
be uniform and equitable”, “ Same class, same rate” (sec 28. (1) ART. III,
1987 Constitution)

• According to the Bangsamoro Basic Law, the Bangsamoro Police will be part
of the Philippine National Police (Section 2), however, it is stated in Section
12 that the Bangsamoro government has the power to “enact laws to govern
the Bangsamoro Police…” with this being said, there is a discrepancy with
the role of the Bangsamoro Police as it is affiliated with the Philippine
National Police. Do you think this is unconstitutional? Why? What do you
think is the best possible solution for this and what is the best possible
outcome of the situation if the BBL is approved?