Summary of Issues and Arguments On The BBL

SUMMARY OF BBL ISSUES AND ARGUMENTS
Issue: Statehood/Secession - Territory

BBL Provision
Constitution
Art. III, Section 1. Definition of Territory - Territory refers to the land

mass as well as the maritime, terrestrial, fluvial and alluvial domains, and the
aerial domain above it. The Bangsamoro territory shall remain a part of the
Philippines.
Art. 1, Sec. 1: The national territory comprises the Philippine archipelago,

with all the islands and waters embraced therein, and all other territories
over which the Philippines has sovereignty or jurisdiction, consisting of its
terrestrial, fluvial and aerial domains, including its territorial sea, the seabed,
the subsoil, the insular shelves, and other submarine areas. The waters
around, between, and connecting the islands of the archipelago, regardless
of their breadth and dimensions, form part of the internal waters of the
Philippines.
Opposition
Territory as defined in Blacks Law Dictionary1 - ex.
(1) Phil. as US unincorporated territory;
(2) UN trust territories
Mendoza
Defense
A BBL is not necessary for secession.
All local governments have defined territories
Other References/Comments
These things can be made in clarifications
but for the sake of peace agreement, not
necessarily included in the BBL itself.
Art. III, Sec. 1 is explicit

Territory cannot be fragmented
into exclusive
jurisdictional control of local governments or
autonomous regions. (Mainly discussed in relation to
exploitation of natural resources)
(Magallona)
There should be a statement on the Sabah claim, the
treatment of ancestral domain of Lumads and the
Status of the Sultanate of Sulu
(Romero)
The requisite plebiscite takes the BBL out of the

North Cotabato objection
Suggestion:
defined
What is contiguous could be better
As to waters: management can be delegated.

(Agabin & Tan)
on Contiguous Zones it encroaches on Philippine

Territory Philconsa
Blacks Law Dictionary: A part of the country separated form the rest and subject to a particular jurisdiction, a geographical area under the jurisdiction of another country or sovereign power.

Issue: Statehood/Secession Self-determination
BBL Provision
Constitution
Preamble: . Affirming the distinct historical identity and birthright of the

Bangsamoro people to their ancestral homeland and their right to selfdetermination .
Opposition
Self-determination
International Law
has
restrictive
Art. II, Sec. 7: The State shall pursue an independent foreign policy. In its
relations with other states, the paramount consideration shall be national
sovereignty, territorial integrity, national interest, and the right to selfdetermination.
Defense
meaning
in
One would read this as referring to Internal selfdetermination.
(Mendoza)
Statements about political destiny and asymmetry
with its own flag and seal shows a desire for equality
with the National Government
There must be a statement eschewing secession.
(Romero)
Also under UN Treaties
Province of North Cotabato
Self-governance does not imply independence or

secession.
Internal self-determination was recognized in North
Cotabato
(Agabin and Tan)
The marks of external self-determination can be

found in the BBL. (no citation)
A flag may mean independence. The heraldic law
does not allow government entities to have a flag,
emblem, or anthem.
(Philconsa)
Recognition and Statehood
Independent Institutions are created

Bangsamoro concurrent powers
The support of foreign governments for the BBL can

easily translate into recognition
(Mendoza)
by
giving
Granting concurrent powers to Bangsamoro may

create
permanent
independent
Bangsamoro
institutions (See also Magallona under Powers of
Government)

Issue: Citizenship and Suffrage
BBL Provision
Constitution
Art. I, Sec. 2. Name - The name of the political entity under this Basic Law
shall be the Bangsamoro
Art. 2, Sec. 1: Bangsamoro People - Those who at the time of conquest and
colonization were considered natives or original inhabitants of Mindanao and
the Sulu archipelago and its adjacent islands including Palawan, and their
descendants, whether of mixed or of full blood, shall have the right to identify
themselves as Bangsamoro by ascription or self-ascription. Spouses and their
descendants are classified as Bangsamoro.
Art. IV. Citizenship

Art. V, Sec. 1 (Suffrage) Suffrage may be exercised by all citizens of the
Philippines, not otherwise disqualified by law, who are at least eighteen
years of age, and who shall have resided in the Philippines for at least one
year and in the place wherein they propose to vote, for at least six months
immediately preceding the election. No literacy, property, or other
substantive requirement shall be imposed on the exercise of suffrage.
Art. IV, Sec. 7

Section 7. Social Justice. - The Bangsamoro shall establish a government
that ensures that every citizen in the Bangsamoro is provided the basic
necessities and equal opportunities in life. Social Justice shall be promoted in
all phases of development and facets of life within the Bangsamoro.
Opposition
Defense
Non-Bangsamoros may be disqualified. The definition

of Bangsamoro is the same as defining a citizen, i.e.,
to exclude outsiders
(Mendoza)
There is no definition of citizenship.

A nonBangsamoro does not lose civil and political rights
The term Bangsamoro People should have been

changed according to Province of Cotabato
The autonomous region in the Constitution is

generally defined / described Such other matters
authorized by law for the promotion of the general
welfare of the people of the region.
It can be
expanded by statute so long as it does not violate the
broad Constitutional guidelines.
(Agabin and Tan)
Without mention of other Filipino people, it is like the

Bangsamoro is different from and equal to other
Filipinos who should include Bangsamoro already
There is no discrimination with respect to candidacy.
other inhabitants how are they treated now can

they be forced to be part of the Bangsamoro against
their will?

Other tribal peoples/inhabitants do not have their
own classification.
The word Bangsa is nation, and may mean substate.
The political entity called Bangsamoro is not a
subdivision
under
the
Constitution,
which
names.autonomous region
It is a super political entity that is unlike other
subdivisions
(Philconsa) Believes that citizen refers to
Bangsamoro citizens and wonders if that is another
indication of independence .
Issue: Form of Government.

BBL Provision
Constitution
Creating a Parliamentary Form of Government
Art. X, Sec. 18
- Generally Art. VII.

- CAB Annex on Power Sharing
- References to Ministerial Form of Government
The organic act shall define the basic structure of government for the
region consisting of the executive department and legislative assembly, both
of which shall be elective and representative of the constituent political units.
1.
2.
3.
4.
5.
Art. IV, Sec. 3

Art. V, Powers of Government
Sec. 3, par. 57
Art. VII, Sec. 3
Art. IX, Sec. 6.
Art. X, Sec. 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.

Opposition
Defense
Parliamentary Systems in a Presidential one is an

oddity and incongruity
(Mendoza)
IPs are allowed different forms of government. The

LGC allows this too.
All that is required is an
executive department and legislative assembly.
(Agabin &. Tan)
Also relates to a discussion on Autonomy

and Autonomous Regions
Overall, the BBL in implementation of the CAB

presents a creation of a political system within the
Philippine State, with its own territory, population,
government, and natural resources, intended to
function in relative independence from the National
Government
(Magallona)
Local autonomy is administrative autonomy, while

autonomous regions have political autonomy. (citing
Cordillera Broad Coalition v. Commission on Audit,
G.R. 79956 (Jan. 29, 1990)
(Fr. Aquino)
There is no competitive party system that would

make the Parliamentary system work.
(Romero)
The constitution recognizes differences in history and

culture, but not political structure.
They must be within the framework of the
Constitution and the Territory of the Philippines
(Mendoza)
A people sharing the same historical experience

living in a territory perceived as their homeland is a
definition of nation and explicitly provided in the
Constitution
(Agabin and Tan)
And other relevant characteristics

They must be within the framework of the
Constitution and the Territory of the
Philippines

Inter-Governmental Relations
Issue: How powers will be shared by the Bangsamoro government (BG) and the Central Government (CG)?
BBL Provision
Constitution
Article V. POWERS OF GOVERNMENT
ARTICLE X. LOCAL GOVERNMENT
Section 1. Reserved Powers. - Reserved powers are matters over which

authority and jurisdiction are retained by the Central Government. The Central
Government shall exercise the following reserved powers:
Xxx
Section 2. Concurrent Powers. - Concurrent powers shall refer to the
powers shared between the Central Government and the Bangsamoro
Government within the Bangsamoro, as provided in this Basic Law.
Xxx
Section 3. Exclusive Powers. - Exclusive powers are matters over which
authority and jurisdiction shall pertain to the Bangsamoro Government. The
Bangsamoro Government shall exercise these powers over the following
matters within the Bangsamoro:
Xxx
Section 4. Other Exclusive Powers.
Xxx
Section 17. All powers, functions, and responsibilities not granted by this
Constitution or by law to the autonomous regions shall be vested in the
National Government.
XXX
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
Such other matters as may be authorized by law for the promotion of the
general welfare of the people of the region.
Opposition
1. Failure to distinguish between constituent
matters and legislative matter
The lopsided allocation of powers to the national
government and the BG is due in part to the fact that
some powers granted to its Parliament are not
legislative, but constituent in nature, whereas the
Constitution categorically provides that only
legislative shall be delegated to regional
Section 21. The preservation of peace and order within the regions shall be
the responsibility of the local police agencies which shall be organized,
maintained, supervised, and utilized in accordance with applicable laws. The
defense and security of the regions shall be the responsibility of the National
Government.
Defense
The powers reserved to the CG are those that pertain
to foreign relations (external security, immigration,
etc). That these are witheld from the BG is consistent
with the fact that the Bangsamoro is not constituted
as a separate state, as the 4th element thereof is the
capacity to enter into relations with other states.
This is also consistent with Supreme Court rulings
that in our system of government, the president,
being the head of state is regarded as the sole organ
In order to avoid any doubt, a definition of

the term exclusive powers is proposed:
Section 3. Exclusive Powers. Exclusive powers are powers devolved
to the Bangsamoro, over which
authority
and
jurisdiction
shall
primarily pertain to the Bangsamoro
Government, without prejudice to the

governments and such grant shall be subject to the
provisions of this Constitution and national laws.
Justice Vicente V. Mendoza
and authority in external relations and the countrys

sole representative with foreign nations (Pimentel v
Exec Sec, GR#158088, 6 July 2005). The
Constitution further mandates that even in the
autonomous regions, the defense and security of the
regions shall be the responsibility of the CG.
general supervision powers of the

President over the Bangsamoro. The
Bangsamoro
Government
shall
exercise these powers over the
following
matters
within
the
Bangsamoro: x x x
The concurrent powers are functions, which the

Constitution has placed upon a specific agency, and,
thus, may not be removed from the CG. However,
these may be exercised concurrently with
autonomous regions such as the Bangsamoro.
- Antonio G. M. La Vina and Janice Lee

(ASOG)
The remaining exclusive powers refer to internal

administrative matter. These may be delegated to
the Bangsamoro in recognition of the higher degree
of autonomy granted to it as compared to other
LGUs. This is consistent with the goals of regional
autonomy.
- Antonio G. M. La Vina and Janice Lee
The powers of government are reduced to contractual
arrangement between parties to the CAB, resulting in
a new configuration of political authority. In the first
place, such authority raises the fundamental issue as
to whether a government office and non government
organized group may assume the function of
reorganizing and restructuring the powers of
Government in usurpation of the act of sovereignty
under the Constitution.
a. on reserved powers
The CAB parties usurped the sovereign functions
which the people enthroned in the Constitution. The
CAB and BBL intended to deprive the NG of certain
powers in its relation with BG. NG has no power and
authority over the BG unless as provided under CAB
and as implemented by the BBL.
This categorization is alien to the fundamental law
The list of exclusive powers is acceptable since article

X, section 20 of the Constitution is not exclusive and
lawmakers may add other fields.
The foreign relationships the Bangsamoro Entity is
empowered to enter into are not the diplomatic
relationships that make a state a state. Provinces,
cities and municipalities are separate corporate
entities and may thus enter into legal relationships,
such as raising debt and borrowing money. So long
as it is clear that the President remains the
Philippines sole voice in foreign affairs as
contemplated in constitutional law and that the
President as Commander-in-Chief remains solely
responsible for external defense, nothing prevents a
political subdivision such as the Bangsamoro Entity
from entering into these other legal relationships,
especially not ones that capitalize on the entitys
unique demographic such as certain relationships

and to our system of government.
b. on concurrent powers
The root issue is the Constitutional basis of their
creation.
c. Exclusive Powers
There can be no recognition of powers and
jurisdictions exclusive to the BG; otherwise, the
Republic would be conceding that it does not possess
internal sovereignty or supreme authority over
matters within the exclusive powers of the BG.
The assumption is that the Bangsamoro Government
is in intergovernmental relationship with the National
government at the highest level. However, it should
be obvious that, as the Constitution prescribes, all
autonomous regions and subdivisions are subject to,
and under the supreme authprity of the National
government,
in
particular
of
its
Legislative
Department.
-- Merlin M. Magallona
The enumeration of the powers that are to be
exercised by Bangsamoro and what is called the
Central Government concurrently, and those granted
Bangsamoro exclusively far exceed what the
Constitution allows
-- Fr. Ranhilo Callangan Aquino
with Muslim countries and their political subdivisions

that could well stimulate investment in Mindanao.
Congress may delegate certain powers to the
Bangsamoro Entity such as determining the location
of free ports (with the incentives offered under
existing national laws), the creation of government
corporations with original charter intended to operate
within the Bangsamoro Entity, and the creation of
legislative franchises for public utilities within the
Bangsamoro Entity subject to constitutional
restrictions.
-- Pacifico Agabin; Oscar Franklin Tan
Under the Constitution, all powers not delegated are

retained by the central government. In the case of
the AFP, for instance, ultimately, who is the
commander-in-chief of the AFP? It's still the
President. There is no commander in chief of the AFP
other than the President.
- Adolf Azcuna
(http://www.rappler.com/nation/specialcoverage/peacetalks/73338-bangsamoro-bill-schoolsof-thought)

Issue: Conflict of Laws between the Bangsamoro government (BG) and the Central Government (CG)
BBL Provision
Constitution
Article VII
THE BANGSAMORO GOVERNMENT
Section 2. Legislative Authority.- The Bangsamoro Parliament shall have
the authority to enact laws on matters that are within the powers and
competencies of the Bangsamoro Government
Opposition
Defense
The powers granted to the BG exceed those granted

to other LGUs. It is possible that the laws passed by
the Bangsamoro parliament may overlap with, or
even conflict with, those of the CG.
The laws passed in the Bangsamoro may be classified
as either territorial or personal in terms of
application. These limits of applicability give rise to
questions of when, in cases of conflict, CG laws will
apply instead of BG laws. These conflicts are
sometimes termed as inter-regional conflict of laws.
There is no provision in the BBL which would govern
problems of inter-regional conflict of laws. Section 8,
Art VI of the BBL only refers to the Philippine
Congress-Bangsamoro
Parliament
Forum
for
purposes of cooperation and coordination of
legislative initiatives. Section 8 may be amended as
follows:
Section 8. Philippine Congress -Bangsamoro
Parliament Forum. - There shall be a Philippine
Congress-Bangsamoro
Parliament
Forum
for
purposes of cooperation and coordination of
legislative initiatives and to ensure that all laws
passed by the Bangsamoro Parliament shall be
consistent with the 1987 Constitution and the
Philippine Cogress. In case of any conflict between

the laws passed by the Bangsamoro Parliament and
the Constitution, the Constitution shall prevail and
the former shall be considered void. The same rule
shall apply in case of conflict between Congress and
the Bangsamoro Parliament except as to matters
addressed through the the Philippine CongressBangsamoro Parliament Forum.
Further,
the
Philippine
Congress-Bangsamoro
Parliament Forum shall cooperate to enact a law
containing rules on inter-regional conflicts of laws.
These rules shall govern any conflicts in applying
the laws passed by the Bangsamoro Parliament and
those passed by Philippine Congress, regarding
persons and family relations, other civil law
matters, commercial law, and criminal law.
-- Antonio G. M. La Vina and Janice Lee (ASOG)
Issue: General supervision of the Bangsamoro Government (BG)
BBL Provision
Constitution
Article VI. INTERGOVERNMENTAL RELATIONS
Section 3. General Supervision. Consistent with the principle of autonomy

and the asymmetric relation of the Central Government and the Bangsamoro
Government, the President shall exercise general supervision over the
Bangsamoro Government to ensure that laws are faithfully executed.
Section 16. The President shall exercise general supervision over

autonomous regions to ensure that laws are faithfully executed.
Defense
Opposition
The BBL reduced power of the president to general
supervision, or mere oversight as distinguished from
control, the Bill furher emascualtes the Presidents power
by providing that its exercise should be consistent with
autonomy and assymetrical relationsThis can make the
strict enforcement of national laws within the Bangsamoro
territory difficult to secure as law enforcement may have to
take acoount of the local custom of the people. That can
make a mockery of the laws of the Republic, as the
assymetric relation of the two government can always be
waived to overrule any constitutional objection.
The BBLs nuanced drafting intentionally avoids

transgressing against the Constitutions explicit
powers assigned to national bodies. The President
does not have the power of control but retains the
power of supervision over the Bangsamoro Entity, as
required for an autonomous region in the
Constitution.
This provision emphasizes that the Bangsamoro
Entity shall be subject to the Presidents power of
supervision, one of the most important requirements
for autonomous regions in art X Constitution
10

The Bangasmoro political entity is created outside the
constitutional box. It is imbued with powers, functions and
responsibilities far in excess of the nature attributed to the
autonomous region by the Constitution or to any political
division of the Republic.
Issue: Distribution of Powers of Government.

BBL Provision
Constitution
Division of Governmental Powers (Generally)

Art. V, Sec. 3 (Exclusive Powers)
Par. 7: Barter trade and countertrade with ASEAN countries
Art. X, Sec. 18 (see above)

Art. X, Sec. 20: Within its territorial jurisdiction and subject to the provisions
of this Constitution and national laws, the organic act of autonomous regions
Par. 17, Receive Grants and Donations

Art. XII, Sec. 24 Grants and Donations. Grants and donations from
foreign and domestic donors received by the Bangsamoro Government for the
development and welfare of the people in the Bangsamoro shall be used solely
for the purpose for which they were received.
Donations and grants that are used exclusively to finance projects for
education, health, youth and culture, and economic development, may be
deducted in full from the taxable income of the donor or grantor.
Contract Foreign Loans
1.
2.
3.
4.
5.
6.
7.
8.
9.
Administrative organization;
Creation of sources of revenues;
Ancestral domain and natural resources;
Personal, family, and property relations;
Regional urban and rural planning development;
Economic, social, and tourism development;
Educational policies;
Preservation and development of the cultural heritage; and
Such other matters as may be authorized by law for the promotion of the
Art. X, Sec. 17
Art. XII, Sec. 22

All powers, functions, and responsibilities not granted by this Constitution or
by law to the autonomous regions shall be vested in the National
Government.
Section 22. Foreign and Domestic Loans; Bills, Bonds, Notes and
11

Obligations. (a) Loans, Credits, and Other Forms of Indebtedness. The
contracting of loans, credits, and other forms of indebtedness by the
Bangsamoro Government shall be for the development and welfare of the
people of the Bangsamoro.
Art. XII, Sec. 21

Section 21. Foreign loans may only be incurred in accordance with law and
the regulation of the monetary authority. Information on foreign loans
obtained or guaranteed by the Government shall be made available to the
public.
Art. VII, Sec. 20

The President may contract or guarantee foreign loans on behalf of the
Republic of the Philippines with the prior concurrence of the Monetary Board,
and subject to such limitations as may be provided by law. The Monetary
Board shall, within thirty days from the end of every quarter of the calendar
year, submit to the Congress a complete report of its decision on
applications for loans to be contracted or guaranteed by the Government or
government-owned and controlled corporations which would have the effect
of increasing the foreign debt, and containing other matters as may be
provided by law.
Opposition
Defense
Making divisions of exclusive, reserved, and

concurrent violates the Constitution because as a
unitary government, it retains all powers of
sovereignty except what is given under Art. X, Sec.
20.
(Mendoza, Magallona)
There is nothing unconstitutional about naming it like

this.
(Agabin & Tan)
OPAPP and MILF an NGO -effectively reduced

Governmental powers by contract agreement
(Magallona)
Under the Bill, the Powers given to the Parliament of
the Bangsamoro Government are constituent in
nature, as opposed to merely legislative.
(Mendoza)
Exclusive powers is political and legally meaningless

but since it causes confusion it can just be defined.
(La Vina)
Contracting loans without sovereign guarantees is
already done by provinces and cities
(Agabin and Tan)
These foreign
relationships.
relationships
are
not
diplomatic
It just needs to be made clear that the President is
12

Constituent powers cannot be
amendment to the Constitution.
granted
without
the sole voice in foreign affairs.

(Agabin & Tan)
Granting concurrent powers is granting Bangsamoro

independence in the exercise of powers of
Government and concomitant transfer to it by the
National Government of its own powers. This allows
for (independent?) institutionalization of Bangsamoro
= permanent independent state.
It makes the
Bangsamoro at parity with NG.
(Magallona)
The way the BBL is created (1) Congress is an
instrument only of the Bangsamaoro; (2) it is the
Bangsamoro that establishes limits on NG power.
(Magallona)
There is more in the BBL than allowed in the
Constitution
(Use ARMM as a Template)
(Fr. Aquino)
Issue: The Assymetric relationship of the National and Bangsamoro Governments.

BBL Provision
Constitution
Article VI . INTERGOVERNMENTAL RELATIONS
Section 1. Assymetric Relationship. The relationship between the Central

Government and the Bangsamoro Government shall be asymmetric. This is
reflective of the recognition of their Bangsamoro identity, and their aspiration
for self-governance. This makes it distinct from other regions and other local
governments.
Section 1. The territorial and political subdivisions of the Republic of the

Philippines are the provinces, cities, municipalities, and barangays. There
shall be autonomous regions in Muslim Mindanao and the Cordilleras as
hereinafter provided.
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.
13

Opposition
Defense
Congress has no authority to create any other agency

of local government.
The word assymetric is not a legal term but a political

one. In political science, there is asymmetry when a
territorial unit within a political system enjoys a
distinct or special status because of its peculiarities.
It is the asymmetric relation qualification that

waters down the President's general
supervision. This can make the strict
enforcement of national laws in the
Bangsamoro difficult to secure. The right to
self-determination cannot be used to justify
this kind of relationship between the
Bangsamoro government and the central
government.
So by what authority of Congress is the BG justified

to be created?
This is to beg the question: whether Congress has
authority to create a political entity that is different
from the other forms of local governments by simply
describing the relation of such entity to the NG as
assymetric.
The Supreme Court has explored the concept of

asymmetrical relationship in relation to autonomous
regions: autonomous regions are granted more
powers and less intervention from the national
government than territorial and political subdivisions.
They are, thus, in a more asymmetrical relationship
with the NG as compared to other local governments
or any regional formation (Leonen J., Concurring
Opinion, League of Provinces of the Philippines v.
DENR, GR No. 175368, 11 April 2013)
Adolf
Azcuna
(http://www.rappler.com/nation/specialcoverage/peacetalks/73338-bangsamoro-billschools-of-thought)
The concept itself falls within constitutional limits.

In
order
to
ensure
clarity
misinterpretation, a definition of
relationship is suggested:
and
avoid
asymmetrical
Section 1. Asymmetric Relationship. The

relationship between the Central Government
and the Bangsamoro Government shall be
asymmetric. This is reflective of the
recognition of the Bangsamoro identity, and
the
Bangsamoro
aspiration
for
selfgovernance.
As used in this Law, an asymmetric relationship
refers to the relationship between the Central
Government and the Bangsamoro Government as an
autonomous region, as provided under Section 15,
Article X of the 1987 Constitution, which is distinct
from other regions and other local governments. The
Bangsamoro
Government
is
subject
to
the
supervision of the President of the Philippines. All
powers, functions, and responsibilities not granted by
14

the 1987 Constitution or by this Law to the
Bangsamoro Government shall be vested in the
Central Government
The BBL creates an entire political system constituted

by powers, functions and responsibilities independent
of the national government; in fact, the impact of
that system consists in the intrusion of concepts of
government alien to the Constitutions own political
system.
As a result, the BBL have the effect of rejecting the
cornerstone prncple of the Constitution, the
separation of powers.
-- Antonio G. M. La Vina and Janice Lee

Justice Marvic Leonen provided a jurisprudential
definition of asymmetric relationship in a 2013
concurring opinion. It is a simple affirmation that a
larger autonomous area such as the Bangsamoro
Entity necessarily has a different relationship with the
national government compared to ordinary local
government units, and enjoys more powers. This is
thus not the associative relationship criticized in the
MOA-AD Decision.
Issue: Assymetric Relationship.

BBL Provision
Constitution
Art. VI, Section 1. Asymmetric Relationship. The relationship between

the Central Government and the Bangsamoro Government shall be
asymmetric. This is reflective of the recognition of their Bangsamoro identity,
and their aspiration for self-governance. This makes it distinct from other
regions and other local governments.
Section 4. The President of the Philippines shall exercise general supervision

over local governments. Provinces with respect to component cities and
municipalities, and cities and municipalities with respect to component
barangays, shall ensure that the acts of their component units are within the
scope of their prescribed powers and functions.
Art. VI, Sec. 6 - Devolution and Subsidiarity - The Central Government and
the Bangsamoro Government accept the concept of devolution as inspired by
the principles of subsidiarity. Decisions are to be made at the appropriate level
to ensure public accountability and transparency, and in consideration of good
governance and the general welfare.
Art. X, Sec. 16: The President shall exercise general supervision over
Power of the President:

Section 3. General Supervision. Consistent with the principle of autonomy
and the asymmetric relation of the Central Government and the Bangsamoro
Government, the President shall exercise general supervision over the
15

Bangsamoro Government to ensure that laws are faithfully executed.
Opposition
Defense
The asymmetric relationship may make a mockery of

laws and override the ability of the President to
enforce laws because of the need to consider local
customs.
Asymmetry just means the relationship between B

and NG is not parallel to that of other local
governments and the NG
Just because the BBL is called asymmetric, we still

have to determine whether it is still subject to the
Constitution.
An asymmetric relationship violates the formula of
defining the basic structure of executive and
legislative
(Mendoza)
The Autonomous Region as a subdivision cannot have
an asymmetric relationship.
(Mendoza, Philconsa)
General supervision by the President is all that is

re3quired by the Constitution
(Agabin & Tan)
General Supervision of the President is different
from the Presidents control in the Administrative
Code (referring to executive departments, bureaus
and offices) there should be some adjustments (??)
Just define asymmetry to mean that it is more than
local govt but less than NG.
(Fr. Aquino)
principles of Subsidiarity and parity of esteem is

an oxymoron.
- How is this different from associative?
(Philconsa)
Issue: Powers of Parliament.

BBL Provision
Constitution
Section 24. General Welfare. The Bangsamoro Parliament shall pass laws
that promote the general welfare of the people in the Bangsamoro.
Art. X, Sec. 20
Within its territorial jurisdiction and subject to the provisions of this
Constitution and national laws, the organic act of autonomous regions shall
16

Section 1. Powers of Government. The powers of government shall be
vested in the Bangsamoro Parliament, which shall exercise those powers and
functions expressly granted to it in this Basic Law, and those necessary for or
incidental to the proper governance and development of the Bangsamoro. It
shall set policies, legislate on matters within its authority, and elect a Chief
Minister, who shall exercise executive authority in its behalf.
Opposition
provide for
(par. 9) .Such other matters as may be authorized by law for the
promotion of the general welfare of the people of the region.
Defense
There may be an overlap and it would be difficult to

know when national laws would apply as regards
general welfare
It makes the Bangsamoro Parliament
standing to the National Government
in
equal
nature of General Wwelfare Clause in the
LGC
(Fr. Aquino) earlier made a distinction
between
administrative
and
political
autonomy citing Cordillera Broad Coalition)
-
The laws of Parliament have a national character

unlike LGUs, that are only binding within their own
respective units.
- Because they are the same nature and character
as the NG
- The matters that the BP can enact within
exclusive or concurrent powers , i.e., human
rights, natural resources, etc. affect the nation
as a whole
Magallona
There can be no delegation of legislative authority to
another legislative body.
All legislation primarily
vests in Congress it is still the principal of LGUs.
(Citing Lina v. Pano)
(Fr. Aquino)
NG is divesting itself of its power.
Philconsa
17

Issue: Creation of Boundaries.
BBL Provision
Constitution
Art. V, Sec. 3, Par 57

The Bangsamoro Parliament may create, divide, merge, abolish or
substantially alter boundaries of provinces, cities, municipalities or
barangays in accordance with a law enacted by the Bangsamoro Parliament,
and subject to the approval by a majority of the votes cast in a plebiscite in
the political units directly affected. Subject to the criteria provided in said
law, the Bangsamoro Parliament may likewise create appropriate local
government units in the areas inhabited predominantly by indigenous
peoples;
However, when such acts require the creation of a congressional district, the
Bangsamoro Government shall cooperate and coordinate with Central
Government through the Philippine Congress Bangsamoro Parliament
Forum to prioritize the deliberations on the creation of the congressional
district; and
Section 10. No province, city, municipality, or barangay may be created,

divided, merged, abolished, or its boundary substantially altered, except in
accordance with the criteria established in the local government code and
subject to approval by a majority of the votes cast in a plebiscite in the
political units directly affected.
Section 11. The Congress may, by law, create special metropolitan political
subdivisions, subject to a plebiscite as set forth in Section 10 hereof. The
component cities and municipalities shall retain their basic autonomy and
shall be entitled to their own local executive and legislative assemblies. The
jurisdiction of the metropolitan authority that will thereby be created shall be
limited to basic services requiring coordination.
Art. VI, Sec. 5, par. 4: Within three years following the return of every
census, the Congress shall make a reapportionment of legislative districts
based on the standards provided in this section.
Opposition
Defense
Only Congress is allowed to create and change

boundaries.
Legislature can delegate this. What remains with

Congress is the apportionment of of legislative
districts.
The cooperation required makes BP equal with NG.

(Philconsa)
LGUs allow alterations of barangays

Agabin & Tan
There should be ratification by the larger units
(La Vina)
18

Issue: Exploration, development, and utilization of Natural Resources
BBL Provision
Constitution
Article XIII. ECONOMY AND PATRIMONY
ARTICLE XII. NATIONAL ECONOMY AND PATRIMONY
Section 8. Natural Resources, Nature Reserves and Protected Areas.

The Bangsamoro Government shall have the authority, power, and right to
explore, develop and utilize the natural resources, including surface and subsurface rights, inland waters, coastal waters, and renewable and nonrenewable resources in the Bangsamoro.
Section 2. All lands of the public domain, waters, minerals, coal, petroleum,
and other mineral oils, all forces of potential energy, fisheries, forests or
timber, wildlife, flora and fauna, and other natural resources are owned by
the State. With the exception of agricultural lands, all other natural
resources shall not be alienated. The exploration, development, and
utilization of natural resources shall be under the full control and supervision
of the State. The State may directly undertake such activities, or it may
enter into co-production, joint venture, or production-sharing agreements
with Filipino citizens, or corporations or associations at least 60 per centum
of whose capital is owned by such citizens. Such agreements may be for a
period not exceeding twenty-five years, renewable for not more than
twenty-five years, and under such terms and conditions as may provided by
law. In cases of water rights for irrigation, water supply, fisheries, or
industrial uses other than the development of waterpower, beneficial use
may be the measure and limit of the grant.
The State shall protect the nations marine wealth in its archipelagic waters,
territorial sea, and exclusive economic zone, and reserve its use and
enjoyment exclusively to Filipino citizens.
The Congress may, by law, allow small-scale utilization of natural resources
by Filipino citizens, as well as cooperative fish farming, with priority to
subsistence fishermen and fish workers in rivers, lakes, bays, and lagoons.
The protection, conservation, rehabilitation, and development of forests,

coastal, and marine resources, including the adoption of programs and
projects to ensure the maintenance of ecological balance, shall be given
priority.
XXX
Section 10. Exploration, Development, and Utilization of Fossil Fuels
and Uranium. - The Bangsamoro Government and the Central Government
shall jointly exercise the power to grant rights, privileges and concessions over
the exploration, development and utilization of fossil fuels (petroleum, natural
gas, and coal) and uranium in the Bangsamoro.
XXX
Section 13. Mines and Mineral Resources. The Bangsamoro Government
shall have authority and jurisdiction over the exploration, development, and
utilization of mines and minerals in its territory. Permits and licenses and the
granting of contracts for this purpose shall be within the powers of the
Bangsamoro Government.
Section 14. Financial and Technical Assistance Agreements. - The
applications for financial and technical assistance agreements (FTAAs)
covering mineral resources within the Bangsamoro shall be commenced at and
recommended by the Bangsamoro Government to the President.
The manner by which the Bangsamoro Government shall make the
recommendation shall be in accordance with the mining policy that shall be
adopted by the Bangsamoro Parliament.
The President may enter into agreements with foreign-owned corporations

involving either technical or financial assistance for large-scale exploration,
development, and utilization of minerals, petroleum, and other mineral oils
according to the general terms and conditions provided by law, based on real
contributions to the economic growth and general welfare of the country. In
such agreements, the State shall promote the development and use of local
scientific and technical resources.
The President shall notify the Congress of every contract entered into in
accordance with this provision, within thirty days from its execution.
Section 17. Bangsamoro Mining Policy. - Policies on mining and other

extractive industries shall be drawn up by the Bangsamoro Parliament in
19

accordance with its Comprehensive Sustainable Development Plan, as well as
its over-all medium-term and long-term Bangsamoro Development Plan.
Article V . POWERS OF GOVERNMENT
Section 3. Exclusive Powers. - Exclusive powers are matters over which
authority and jurisdiction shall pertain to the Bangsamoro Government. The
Bangsamoro Government shall exercise these powers over the following
matters within the Bangsamoro: 29. Ancestral domain and natural resources;
Opposition
Defense
The BBL is contrary to the Constitution, which
provides that the exploration, development and
utilization of the natural resources shall be under the
full control and supervision of the NG Further, in
violation of the constitutional provisios that the grant
of legislative powers to regional governments shall
be subject to the provisions of national laws, the Bill
gives the BG the power to amend the Philippine
Mining Act of 1995, among other national laws.
The BG cannot be given the power to determine the
mining policy in the regiona without allowing it the
power to amend the Constitution. Obviously this
cannot be done.
This neither violates the Regalian doctrine nor asserts

that the Philippine State no longer owns the natural
resources within the Bangsamoro Entity. As a
legitimate political subdivision of the Philippines, the
Bangsamoro Entity may be authorized to develop the
resources within its assigned territory. Further,
similar power has been granted by Congress to
indigenous peoples under the Indigenous Peoples
Rights Act.

Section 8 may be taken to be beyond the allowable
scope of the Constitution.
What may however be allowed members of the
Bangsamoro is the small scale utilization of natural
resources which may be granted to Filipino citizens.
Suggested revisions as follows:
Option 1:
Section 8. Natural Resources, Nature Reserves
and Protected Areas. The Bangsamoro
Government shall have the legislative authority to
regulate the exploration, development and utilization
20

of natural resources, including surface and subsurface rights, inland waters, coastal waters, and
renewable and non-renewable resources in the
Bangsamoro. This shall be without prejudice to the
exercise of full control and supervision by the Central
Government of such exploration, development and
utilization. x x x
Option 2:
Section 8. Natural Resources, Nature Reserves
and Protected Areas. The control and
supervision over the exploration, development and
utilization of natural resources, including surface
and sub-surface rights, inland waters, coastal
waters,
and
renewable
and
non-renewable
resources in the Bangsamoro is hereby delegated to
the Bangsamoro Government in accordance with
the Constitution and national laws. This shall be
without prejudice to the exercise of full control and
supervision by the Central Government of such
exploration, development and utilization. x x x
Natural resources belong to the State, together with
the full control of the exploration, development and
utilization.
This is a designation of the peoples
ownership as their act of sovereignty, derived from
the premise that all government authority emanates
from them.
-- Merlin M. Magalona
21

Issue: Fiscal autonomy
BBL Provision
Constitution
Article XII. FISCAL AUTONOMY
Section 1. Fiscal Autonomy. The Bangsamoro shall enjoy fiscal autonomy

with the end in view of attaining the highest form of economic self-sufficiency
and genuine development. It shall be entitled to all fund sources enumerated
herein, and shall have the power to create its sources of revenues as provided
in this law. It shall prepare its budget and shall allocate funds in accordance
with an annual appropriations law passed by the Bangsamoro Parliament. The
form, content, and manner of preparation of the budget shall be prescribed by
law enacted by the Bangsamoro Parliament.
Section 5. Each local government unit shall have the power to create its
own sources of revenues and to levy taxes, fees and charges subject to such
guidelines and limitations as the Congress may provide, consistent with the
basic policy of local autonomy. Such taxes, fees, and charges shall accrue
exclusively to the local governments.
Opposition
Block Grant may be questioned in light of rulings on
the PDAF case.
To remove form the ambit of unconstitutionality:
1. Set a formula where it is fixed but the actual
amount may vary every year. The toatal
amount
is
determinable
by
automatic
application of the formula.
2. The purpose of the Block grant is set forth in
the BBL
3. Block Grant will be subject to the audit of
COA.
1. Administrative organization;
2. Creation of sources of revenues;
XXX
Defense
This is acceptable as there are no restrictions in the

Constitution to empowering an autonomous region to
raise its own revenues and levy its own taxes. Such
power is in fact explicitly granted to local government
units in article X, section 5 of the Constitution.
Further, nothing in the Constitution restricts sharing
of tax revenue with an autonomous region or local
government unit, which is described in the rest of the
BBLs Article XII.
-- Pacifico A. Agabin; Oscar Franklin B. Tan

Issue: Appointment of Executive and Judicial Positions
BBL Provision
Constitution
Article VI. INTERGOVERNMENTAL RELATIONS

3.
Section 9. Bangsamoro participation in Central Government. - It shall
be the policy of the Central Government to appoint competent and qualified
22

inhabitants of the Bangsamoro in the following offices in the Central
Government: at least one (1) Cabinet Secretary; at least one (1) in each of
the other departments, offices and bureaus, holding executive, primarily
confidential, highly technical, policy-determining positions; and one (1)
Commissioner in each of the constitutional bodies.
The recommendations of the Bangsamoro Government shall be channeled
through the intergovernmental relations mechanisms.
Article X. BANGSAMORO JUSTICE SYSTEM
Justices from the Bangsamoro
Section 27. Justices from Bangsamoro. It shall be the policy of the Central
Government that at least one (1) justice in the Supreme Court and two (2)
justices in the Court of Appeals at any one time who shall be qualified
individuals of the Bangsamoro territory. For this purpose, the Chief Minister
may, after consultations with the Bangsamoro Parliament and the Shariah
Judicial and Bar Council, submit the names of qualified persons to the Judicial
and Bar Council for its consideration. The appointments of those
recommended by the Chief Minister to the judicial positions mentioned above
are without prejudice to appointments that may be extended to other qualified
inhabitants of the Bangsamoro to other positions in the Judiciary.
Opposition
Defense
Only refers to a policy of the government and is

permissive in language, however it may appear to
amend the Consti provisions on Const Commission
and the Supreme Court.
This is acceptable because it is nonbinding policy
(albeit morally binding) and not a strict legal
requirement. Note that it is not possible to add
requirements for appointment to an office whose
requirements are set out in the Constitution, such as
a Supreme Court Justice or Commissioner of a
constitutional body.
-- Pacifico A. Agabin; Oscar B. Tan
23

Issue: Separation of Church and State - Creation of Wali.
BBL Provision
Constitution
Section 1. Titular Head of the Bangsamoro. - There shall be a Wali who

shall be the titular head of the Bangsamoro. As titular head, the Wali shall
take on only ceremonial functions.
Art. II, Sec. 6
The Wali, as part of the Bangsamoro Government, shall be under the general
supervision of the President.
Art. VI, Sec. 29
Section 6. The separation of Church and State shall be inviolable.
No public money or property shall be appropriated, applied, paid, or

employed, directly or indirectly, for the use, benefit, or support of any sect,
church, denomination, sectarian institution, or system of religion, or of any
priest, preacher, minister, other religious teacher, or dignitary as such,
except when such priest, preacher, minister, or dignitary is assigned to the
armed forces, or to any penal institution, or government orphanage or
leprosarium.
Opposition
Defense
Wali is a religious person.

(Philconsa)
24

Justice System
Issue: Supremacy of the Shariah law in the Justice System in the Bangsamoro
BBL Provision
Constitution
Section 1. Justice System in the Bangsamoro. - The justice system in the

Bangsamoro shall consist of Shariah law which shall have supremacy and
application over Muslims only; the traditional or tribal justice system, for
the indigenous peoples in the Bangsamoro; the local courts; and alternative
dispute resolution systems.
For Muslims, the justice system in the Bangsamoro shall give primary
consideration to Shariah, and customary rights and traditions of the
indigenous peoples in the Bangsamoro.
Nothing herein shall be construed to operate to the prejudice of nonMuslims and non- indigenous peoples.
Section 23. Traditional/Tribal Justice Systems. The Bangsamoro
Parliament shall enact laws to promote and support the traditional/tribal
justice systems that are appropriate for the indigenous peoples, as defined
by them. The traditional justice systems are the mechanisms to determine,
settle, and decide controversies and enforce decisions involving disputes
between members of the indigenous peoples concerned in accordance with
the tribal codes of these communities.
Opposition
While the recognition for IP rights appear to wellprovided for under the draft BBL, a matter of concern
may be raised as to whether these IPs have been duly
consulted with regard to the drafting and enactment of
the BBL. This concern was voiced by Justice Carpio in
his concurring opinion in the MOA-AD Case, which struck
down
the
previously
negotiated
MOA-AD
as
unconstitutional. According to Justice Carpio, the
incorporation of the Lumads, an indigenous people in
Mindanao, as Bangsamoros in the MOA-AD, and the
transfer of their ancestral domains to the then
Bangsamoro Judicial Entity, without the Lumads
knowledge and consent, violate the Constitutional
ART. X
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.
ART. XIV
Section 17. The State shall recognize, respect, and protect the rights of
indigenous cultural communities to preserve and develop their cultures,
traditions, and institutions. It shall consider these rights in the formulation of
national plans and policies.
Defense
The
Constitution
itself
permits
and
implicitly
contemplates what the draft (Bangsamoro Basic) Law
would establisha legal system in the Bangsamoro that
is plural and particular in content, informed by universal
norms of justice and human rights and all these are
subject to the supremacy of the Constitution (refers to
Art. X, Sec. 15 and 20, and Art. XIV, Sec. 17) DOJ
Sec. De Lima
http://www.gmanetwork.com/news/story/388607/news
/nation/de-lima-insists-on-constitutionality-of-justicesystem-under-bangsamoro-basic-law
25

guarantee that the State recognizes and promotes the
rights of indigenous cultural communities within the
framework of national unity and development. Dean
Antonio La Vina and Atty. Janice Lee
IPRA should remain effective, whether in present and
future jurisdiction. Atty. Melanie Pimentel
Issue: Reserved Powers of the Central Government
BBL Provision
Constitution
Section 2. Shariah Justice System. The Shariah Courts in the Bangsamoro

shall have jurisdiction over Shariah law enacted by the Bangsamoro
Parliament pertaining to persons and family relations, and other civil law
matters, commercial law, and criminal law.
There shall be cooperation and coordination with Central Government
regarding the Shariah justice system, through the different mechanisms as
herein provided.
ART. X
Section 16. The President shall exercise general supervision over
Opposition
Defense
The Agreement reserves to the central government

the exercise of so-called reserved powers, which are
described as powers retained by the central
government. Thus, the Agreement diminishes the
sovereignty of the Philippine government by listing
what are the powers that the central government can
retain. Sen. Miriam Defensor Santiago
http://www.rappler.com/nation/54510-miriambangsamoro-deal-illegal
Exclusive powers, which are exercised within the

Bangsamoro territorial jurisdiction, may be clipped by
the reserved powers of the Central Government,
which are exercised in the whole country, including
the Bangsamoro. Prof. Miriam Coronel Ferrer
The power of the President over autonomous

regions is the same as his power over local
governments only one of general
supevision, that is, the power to ensure that
subordinate officers execute and act within
existing laws. The Commission deliberately
dropped the phrase as may be provided by
law in order to deny to Congress the
authority to expand the nature of the power
of the President over autonomous regions
beyond general supervision. In effect,
therefore, and in the spirit of greater
autonomy, the provision also curtails the
power of Congress over autonomous regions.
Fr. Joaquin Bernas, The 1987 Constitution
of the Republic of the Philippines: A
Commentary
Under the CAB and the BBL, it is the Bangsamoro

Government that establishes limitations to the power
The President does not have the power of control but

retains the power of supervision over the
26

of Congress. Beginning with the concept of reserved
powers, Congress may provide general or special
power or jurisdiction exercisable by the National
Government in relation with LGUs, including
autonomous regions. On account of the CAB and the
BBL, the Bangsamoro would be excluded from the
application of such national laws. Derogation of
national legislative power would necessarily be
implied or expressly provided if exercised within the
scope of concurrent powers and, in particular, within
the coverage of exclusive powers as exercised by the
Bangsamoro Parliament. Prof. Merlin Magallona
Bangsamoro Entity, as required for an autonomous

region in the Constitution. - Atty. Pacifico Agabin and
Atty. Oscar Tan
Issue: Concurrent Legislative Powers of the Autonomous Regions with Congress

BBL Provision
Section 3. Laws on Shariah. The Bangsamoro Parliament shall enact laws
pertaining to persons and family relations, and other civil law matters,
commercial law, criminal law, including the definition of crimes and
prescription of penalties thereof. These laws on Shariah shall only be
applicable to Muslims. Criminal laws enacted by the Bangsamoro Parliament
shall be effective within the territory of the Bangsamoro and shall be in
accordance with the universally accepted principles and standards of human
rights.
Constitution
ART. X
Section 18. The Congress shall enact an organic act for each autonomous
region with the assistance and participation of the regional consultative
commission composed of representatives appointed by the President from a
list of nominees from multisectoral bodies. The organic act shall define the
basic structure of government for the region consisting of the executive
department and legislative assembly, both of which shall be elective and
representative of the constituent political units. The organic acts shall
likewise provide for special courts with personal, family, and property law
jurisdiction consistent with the provisions of this Constitution and national
laws.
The creation of the autonomous region shall be effective when approved by
majority of the votes cast by the constituent units in a plebiscite called for
the purpose, provided that only provinces, cities, and geographic areas
voting favorably in such plebiscite shall be included in the autonomous
region.
(1) Administrative organization;
(2) Creation of sources of revenues;
(3) Ancestral domain and natural resources;
27
Opposition
Under Section 20, Article XI of the Constitution, the
legislative powers of the autonomous region may only
extend to personal, property, and family relations,
among others. It does not encompass other civil law
matters, commercial law, and criminal law. Likewise,
Section 18 provides that the organic act for the
autonomous region, such as the BBL, shall provide
for special courts, but only with personal, family,
and property law jurisdiction consistent with the
provisions of this Constitution and national laws.
Again, such laws and court jurisdiction of the
autonomous region does not appear to extend to
other civil law matters, commercial law, and general
criminal law matters. Incidentally, any legislation by
the Bangsamoro Parliament in this regard may have
to be harmonized with the existing Code of Muslim
Personal Laws, or P.D. No. 1083. Dean Antonio La
Vina and Atty. Janice Lee
The 1987 Constitution does not allow the organic act
to provide for special courts to have jurisdiction over
commercial and criminal cases. Philippine
Constitution Association
(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
Defense
This is acceptable because the Bangsamoro Entitys
Shariah courts remain subject to the original powers
of the SC under the Constitution. The Constitution
explicitly provides: The organic acts [of autonomous
regions] shall likewise provide for special courts with
perosnal, family, and property law jurisdiction
consistent with the provisions of the Constitution,
and national laws. Atty. Pacifico Agabin and Atty.
Oscar Tan
cf with Sec. 8, Art. VI of the draft BBL: The

draft BBL provides that the Bangsamoro
Parliament shall have the authority to enact
laws on matters that are within the powers
and competencies of the BG, or those which
are provided under its concurrent and
exclusive powers. As noted above, the powers
granted to the BG exceed those granted to
other LGUs; further, in view of the objective
of granting the Bangsamoro greater selfdetermination and self-government, it is
possible that the laws passed by the
Bangsamoro parliament may overlap with, or
even conflict with, those of the CG. Dean
Antonio La Vina and Atty. Janice Lee
In terms of the implementation of the Shari'ah Law in

the Bangsamoro, it will apply to Muslims only. The
Shariah courts would not cover non-Muslims as
regular courts would still exist in Bangsamoro.
- Atty. Mohammad Al-amin Julkipli
http://www.opapp.gov.ph/milf/news/public-urgedreject-misinformation-bbl#sthash.uwFD9Kkv.dpuf
Conflicts can also arise in the application of

local laws. This can be particularly crucial in
the case of personal and property laws for
those belonging to autonomous regions but
acting outside the autonomous territory and
also or those who do not belong to
autonomous regions but are acting within
autonomous territory. As conflicts arise and
are recognized, Congress will be compelled to
re-examne national laws and to make sure
that they reflect the Constitutions adherance
to local autonomy and, in concrete instances,
the SC may have to be dragged in to resolve
the conflicts. Out of these conflicts and the
28

efforts to resolve them will arise a body of
internal conflict of laws doctrines. But it is
important that the underlying spirit which
should guide the resolution of conflicts is the
Constitutions desire for genuine local
autonomy. - Fr. Joaquin Bernas, The 1987
Constitution
of
the
Republic
of
the
Philippines: A Commentary
Issue: Exclusive Jusrisdiction of the Shariah Justice System in conflict with SC

BBL Provision
Section 5. Shariah Circuit Courts. The Shariah Circuit Court in the
Bangsamoro shall exercise exclusive original jurisdiction over the following
matters:
xxx
Section 6. Shariah District Courts. The Shariah District Court in the
Bangsamoro shall exercise exclusive original jurisdiction over the following
matters:
Xxx
Section 7. Bangsamoro Shariah High Court. There is hereby created
a Bangsamoro Shariah High Court. The Bangsamoro Shariah High
Court shall exercise exclusive original jurisdiction, whether or not in aid
of its appellate jurisdiction, over:
a. All petitions for mandamus, prohibition, injunction, certiorari,
habeas corpus, and all other auxiliary writs and processes, in aid of
its appellate jurisdiction; and
b. All actions for annulment of judgments of Shariah District Courts.
xxx
The decisions of the Shari'ah High Court shall be final and executory.
Constitution
ART. VIII
Section 2. The Congress shall have the power to define, prescribe, and
apportion the jurisdiction of the various courts but may not deprive the
Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof.
No law shall be passed reorganizing the Judiciary when it undermines the
security of tenure of its Members.
Section 5. The Supreme Court shall have the following powers:
(1) Exercise original jurisdiction over cases affecting ambassadors, other
public ministers and consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto, and habeas corpus.
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the
law or the Rules of Court may provide, final judgments and orders of lower
courts in:
(a) All cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, presidential decree, proclamation,
order, instruction, ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost, assessment, or toll, or
any penalty imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion perpetua or
higher.
(e) All cases in which only an error or question of law is involved.
(3) Assign temporarily judges of lower courts to other stations as public
interest may require. Such temporary assignment shall not exceed six
months without the consent of the judge concerned.
(4) Order a change of venue or place of trial to avoid a miscarriage of
justice.
29
Opposition
Article X provides for the establishment of Shariah
Circuit Courts, Shariah District Courts, and a Shariah
High Court. It will be necessary to consider as
amended the provisions of P.D. No. 1083, which also
provides for the establishment of Shariah courts.
Dean Antonio La Vina and Atty. Janice Lee
(5) Promulgate rules concerning the protection and enforcement of

constitutional rights, pleading, practice, and procedure in all courts, the
admission to the practice of law, the integrated bar, and legal assistance to
the underprivileged. Such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases, shall be uniform for all courts
of the same grade, and shall not diminish, increase, or modify substantive
rights. Rules of procedure of special courts and quasi-judicial bodies shall
remain effective unless disapproved by the Supreme Court.
(6) Appoint all officials and employees of the Judiciary in accordance with
the Civil Service Law.
Defense
The Supreme Court has the ultimate power of
reviewing all decisions by the Shariah courts in the
Bangsamoro as practiced now. There will be no
separate justice system in the Bangsamoro. In the
BBL, the special courts that are to be institutionalized
or strengthened therein shall all be part of the
singular Judiciary that remains to be under the
administration and control of the Supreme Court.
That is true for the Shari'ah Courts in the
Bangsamoro as well as the tribal/customary courts. Atty. Mohammad Al-amin Julkipli
http://www.opapp.gov.ph/milf/news/public-urgedreject-misinformation-bbl#sthash.uwFD9Kkv.dpuf
This last provision (of Sec. 7) may be seen as

being unconstitutional for limiting the
jurisdiction of the Supreme Court provided
under Section 5, Article VIII of the 1987
Constitution, which jurisdiction Congress may
not amend under Section 2, Article VIII. In
order to avert any confusion, the provision
may be amended so as to appear not to
preclude the elevation of any case to the
Supreme Court.
Proposed revision:
Section 7. Bangsamoro Shariah High
Court. There is hereby created a
Bangsamoro Shariah High Court. The
Bangsamoro Shariah High Court shall
exercise
exclusive
original
jurisdiction,
whether or not in aid of its appellate
jurisdiction, over:
a. All
petitions
for
mandamus,
prohibition,
injunction,
certiorari,
habeas corpus, and all other auxiliary
writs and processes, in aid of its
appellate jurisdiction; and
b. All actions for annulment of judgments
of Shariah District Courts.
xxx
30

The decisions of the Shari'ah High Court shall
be final and executory, without prejudice to
the power of judicial review of the
Supreme Court. (emphasis supplied)
- Dean Antonio La Vina
Shariah courts and the sharia justice system are
under the exclusive powers of Bangsamoro. Now,
either sharia courts as at present are part of the
integrated judiciary of the Republic of the Philippines
or they are not. If they are, then they are under the
administrative supervision of the SC. Sec. 6 of Art.
VIII cannot be clearer. The Supreme Court shall
have administrative supervision over all courts and
the personnel thereof. The exclusive power of
Bangsamoro over Shariah courts perforce takes them
out of the sphere of administrative supervision of the
SC. The Constitution does not allow two exclusive
authorities over the courts. In Office of Court
Administrator
vs
Judg
Macarine,
the
SC
characteriezed
its
administrative
authority
of
supervision over lower courts inherent. But if the
draft Basic Law confers on Bangsamoro exclusive
power over Sharia coruts, what room can there be
for administrative and disciplinary authority exercised
by the Higher Court? Dean Ranhiio Aquino
This contravenes Art. VIII, Secs. 2 and 5 of the 1987
Constitution as it deprives the SC of its minimum
appleate jurisdiction. Furthermore, providing that the
decisions of the Shariah High Court shall be final and
executory vests upon the Shariah Hight Court and
not the SC as provided in the 1987 Constitution. As a
consequence, the SC is deprived of its minimum
appellate jurisdiction over lower courts which
includes the Shariah High Court for there is only one
Supreme Court from whose decisions all other coruts
should take their bearings xxx The Supreme Court
[being] the final arbiter of any justiciable
controversy. - Philippine Constitution Association
The Supreme Court retains its ultimate power of

judicial review and administration of Shariah courts
and a Shariah bar in the Bangsamoro Entity. - Atty.
Pacifico Agabin and Atty. Oscar Tan
Judicial Authority is not granted the Bangsamoro

Government. It remains with the Supreme Court
which is vested by the Philippine Constitution with
judicial power (Article VIII, Section 1, Philippine
Constitution). The Bangsamoro Basic Law, however,
envisions the creation of lower courts under the
control and supervision of the Supreme Court.
Moreover, all government actions, whether by the
Executive or the Legislative, can be brought to the
Supreme Court for settlement of actual controversies
or when there is grave abuse of discretion. Thus, the
structure of the separation of authorities in the
Bangsamoro guarantees that a system of checks and
balances is in place. - Chair Mohagher Iqbal during
Feb. 2, 2015 Senate Hearing
31

Issue: Recommendatory Authority to the National JBC
BBL Provision
Constitution
Section 10. Shariah Judicial and Bar Council. -The Shariah Judicial and Bar
Council shall recommend to the Judicial and Bar Council applicants for the
position of judges of Shariah District and Circuit Courts in the Bangsamoro
and the justices of the Shariah High Court. The Judicial and Bar Council shall
give utmost consideration to the Shariah Judicial and Bar Council nominees in
recommending appointees to the President. The President shall issue the
appointments within ninety (90) days from the submission by the Judicial and
Bar Council of the list.
ART. VIII
Section 8. (1) A Judicial and Bar Council is hereby created under the
supervision of the Supreme Court composed of the Chief Justice as ex
officio Chairman, the Secretary of Justice, and a representative of the
Congress as ex officio Members, a representative of the Integrated Bar, a
professor of law, a retired Member of the Supreme Court, and a
representative of the private sector.
(2) The regular members of the Council shall be appointed by the President
for a term of four years with the consent of the Commission on
Appointments. Of the Members first appointed, the representative of the
Integrated Bar shall serve for four years, the professor of law for three
years, the retired Justice for two years, and the representative of the private
sector for one year.
(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the
Council and shall keep a record of its proceedings.
(4) The regular Members of the Council shall receive such emoluments as
may be determined by the Supreme Court. The Supreme Court shall provide
in its annual budget the appropriations for the Council.
(5) The Council shall have the principal function of recommending
appointees to the Judiciary. It may exercise such other functions and duties
as the Supreme Court may assign to it.
Section 9. The Members of the Supreme Court and judges of the lower
courts shall be appointed by the President from a list of at least three
nominees prepared by the Judicial and Bar Council for every vacancy. Such
appointments need no confirmation.
Opposition
The creation of a Shariah JBC is repugnant to Art.
VIII, Sec. 8 of the 1987 Constitution which created
the JBC whose principal function is to recommend
appointees to the Judiciary. It takes away from the
JBC matters which are clearly within its constitutional
mandate. Philippine Constitution Association
For the lower courts, the President shall issue the appointments within
ninety days from the submission of the list.
Defense
This is acceptable because reccomendatory authority
to the national Judicial and Bar Council does not
restrict its discretion. Note, further, there is no
religious test involved in the appointment of Shariah
bar, as non-Muslims with the requisite knowledge
would qualify. Atty.Agabin and Atty. Oscar Tan
32

Issue: Appointment and Discipline of Shariah Court Personnel
BBL Provision
Section 17. Appointment and Discipline of Shariah Court Personnel. The
Supreme Court shall appoint the Shariah court personnel, and shall have the
power of discipline over them. The Shariah Judicial and Bar Council shall
conduct investigations over erring personnel in Shariah courts in the
Bangsamoro, and submit the results of such investigation to the Supreme
Court for the latters action.
Opposition
Constitution
ART. VIII
Section 6. The Supreme Court shall have administrative supervision over all
courts and the personnel thereof.
Section 11. The members of the Supreme Court and Judgest of lower courts
shall hold office during good behavior until they reach the age of seventy
years or become incapacitated to discharge the duties of their office. The
Supreme Court en banc shall have the power to discipline judges of lower
courts, or order their dismissal by a vote of majority of the members who
actually took part in the deliberations on the issues in the case and voted
thereon.
Defense
While providing for the appointment and discipline of

Shariah court personnel, this provision fails to
address who has the power to discipline members or
order the dismissal of judges and justices of the
Shariah courts. Under Art. VIII, Sec. 11 of the 1987
Constituion, it is the SC en banc which has the
power to discipline judgest of lower courts or order
their dismissal xxx
- Philippine Constitution
Association
The power of the SC to discipline judges of

inferior courts or to order their dismissal is
exclusive. It may not be vested in any other
body. Nor may Congress pass a law that
judges of lower courts are removable only by
impeachment. Fr. Joaquin Bernas, The
1987 Constitution of the Republic of the
Philippines: A Commentary
Issue: Appointment of 1 SC Justice and 2 CA Justices from the Bangsamoro Territory

BBL Provision
Section 27. Justices from Bangsamoro. It shall be the policy of the Central
Government that at least one (1) justice in the Supreme Court and two (2)
justices in the Court of Appeals at any one time who shall be qualified
individuals of the Bangsamoro territory. For this purpose, the Chief Minister
may, after consultations with the Bangsamoro Parliament and the Shariah
Judicial and Bar Council, submit the names of qualified persons to the Judicial
and Bar Council for its consideration. The appointments of those
Constitution
ART. VII
Section 16. The President shall nominate and, with the consent of the
Commission on Appointments, appoint the heads of the executive
departments, ambassadors, other public ministers and consuls, or officers of
the armed forces from the rank of colonel or naval captain, and other officers
whose appointments are vested in him in this Constitution. He shall also
appoint all other officers of the Government whose appointments are not
33

recommended by the Chief Minister to the judicial positions mentioned above
are without prejudice to appointments that may be extended to other qualified
inhabitants of the Bangsamoro to other positions in the Judiciary.
Opposition
The provision undermines the presidential privilege of
appointment. - Prof. N. Bautista and Abu Hasiq
http://www.manilalivewire.com/2015/03/up-lawexpert-the-lies-of-the-bangsamoro-basic-law/
otherwise provided for by law, and those whom he may be authorized by law
to appoint. The Congress may, by law, vest the appointment of other officers
lower in rank in the President alone, in the courts, or in the heads of
departments, agencies, commissions, or boards.
The President shall have the power to make appointments during the recess
of the Congress, whether voluntary or compulsory, but such appointments
shall be effective only until disapproved by the Commission on Appointments
or until the next adjournment of the Congress.
ART. VIII
Section 4. (1) The Supreme Court shall be composed of a Chief Justice and
fourteen Associate Justices. It may sit en banc or in its discretion, in division
of three, five, or seven Members. Any vacancy shall be filled within ninety
days from the occurrence thereof.
Defense
The President and other bodies such as the Judicial

and Bar Council and Commission on Appointments
retain their discretion in appointments whose
requirements are specified in the Constitution, as BBL
provisions dealing with such appointments are
interpreted as policy recommendations. - Atty.
Pacifico Agabin and Atty. Oscar Tan
This is acceptable because it is nonbinding policy
(albeit morally binding) and not a strict legal
requirement. - Atty. Pacifico Agabin and Atty. Oscar
Tan
Note that it is not possible to add

requirements for appointment to an office
whose requirements are set out in the
Constitution, such as a Supreme Court Justice
or Commissioner of a constitutional body. Atty. Pacifico Agabin and Atty. Oscar Tan
34

Constitutional Bodies
Issue: Powers of the Ombudsman
BBL Provision
Constitution
Article XI, Sec. 12: The Ombudsman and his deputies, as protectors of the
people, shall act promptly on complaints filed in any form or manner against
public officials or employees of the Government, or any subdivision, agency,
or instrumentality thereof, including government-owned or controlled
corporations, and shall in appropriate cases, notify the complainants of the
action and the result thereof.
Article V, Sec. 2(8): The Bangsamoro Government shall have primary

disciplinary authority over its own officials and employees.
Article XI, Sec. 13: The Office of the Ombudsman shall have the following
powers, functions, and duties:
(1) Investigate on its own, or on complaint by any person, any act or
omission of any public official, employee, office or agency, when such act or
omission appears to be illegal, unjust, improper, or inefficient.
Opposition
(3) Direct the officer concerned to take appropriate action against a public
official or employee at fault, and recommend his removal, suspension,
demotion, fine, censure, or prosecution, and ensure compliance therewith.
Defense
BBL diminishes the OMBs constitutional power to The Ombudsman shall have the power to act on
investigate any act or omission of any public official, erring Bangsamoro officials. - Senen Bacani
employee, office or agency, as it divests of the
Ombudsmans power to investigate elective and
appointive officials of the Bangsamoro government.
The BBL should not be allowed to rise above the
Constitution as the fundamental law of the land.
Ombudsman
Issue: Appointment of Bangsamoro Commissioners
BBL Provision
Constitution
Article VI, Sec. 9: It shall be the policy of the Central Government to

appoint competent and qualified inhabitants of the Bangsamoro in the
following offices in the Central Government: one (1) Commissioner in each of
the constitutional bodies.
Article IX (B), Section 1 (1): The civil service shall be administered by the
Civil Service Commission composed of a Chairman, and two Commissioners
who shall be natural-born citizens of the Philippines and, at the time of their
appointment, at least thirty-five years of age, with proven capacity for public
administration, and must not have been candidates for any elective position
in the elections immediately preceding their appointment.
35

Article IX (B)/(C)/(D), Section 1 (2): The Chairman and the
Commissioners shall be appointed by the President with the consent of the
Commission on Appointments
Article IX (C), Section 1(1): There shall be a Commission on Elections
composed of Chairman and six Commissioners who shall be natural-born
citizens of the Philippines and, at the time of their appointment, at least
thirty-five years of age, holders of a college degree, and must not have been
candidates for any elective position in the immediately preceding elections.
However, a majority thereof, including the Chairman, shall be members of
the Philippine Bar who have been engaged in the practice of law for at least
ten years.
Opposition
Article IX (D), Section 1(1): There shall be a Commission on Audit it

composed of a Chairman and two Commissioners, who shall be natural-born
citizens of the Philippines and, at the time of their appointment, at least
thirty-five years of age, certified public accountants with not less than ten
years of auditing experience, or members of the Philippine Bar who have
been engaged in the practice of law for at least ten years, and must not
have been candidates for any elective position in the elections immediately
preceding their appointment. At no time shall all Members of the
Commission belong to the same profession.
Defense
Under Sec. 9 of Article VI, it is required that one

Bangsamoro inhabitant be appointed to the position
of Commissioner in each of the Constitutional bodies.
This provision contravenes the constitutional right to
equal protection of the law. One slot is automatically
allotted to a Bangsamoro inhabitant, which situation
deprives other Filipino citizens of equal competence
from applying for such positions. Ombudsman
36

Issue: Creation of a Bangsamoro Human Rights Commission
BBL Provision
Article IX, Sec. 7: Bangsamoro Human Rights Commission There is
hereby created a Bangsamoro Human Rights Commission, which shall be
independent and impartial, to ensure the promotion and protection of human
rights in the Bangsamoro. In the performance of its mandate, the Commission
may exercise among others, investigatory powers, prosecutorial powers, and
powers to compel attendance of witnesses and the production of evidence.
The Commission shall submit a report on its activities and performance at
least once a year to the Bangsamoro Parliament. Other state instrumentalities
in the Bangsamoro shall assist the Commission and ensure its independence,
impartiality, dignity, and effectiveness. The Commission shall have a
coordinative and complementary relationship with the national Commission on
Human Rights in carrying out its mandate.
Details pertaining to the establishment of the Commission, such as
membership of the Commission, terms of office, and competencies and
responsibilities, shall be provided by the Bangsamoro Parliament consistent
with the provisions of this Basic Law.
Constitution
Article XIII, Sec. 17:
(1) There is hereby created an independent office called the Commission on
Human Rights.
(2) The Commission shall be composed of a Chairman and four Members
who must be natural-born citizens of the Philippines and a majority of whom
shall be members of the Bar. The term of office and other qualifications and
disabilities of the Members of the Commission shall be provided by law.
Section 18. The Commission on Human Rights shall have the following
powers and functions:
(1) Investigate, on its own or on complaint by any party, all forms of human
rights violations involving civil and political rights;
(2) Adopt its operational guidelines and rules of procedure, and cite for
contempt for violations thereof in accordance with the Rules of Court;
(3) Provide appropriate legal measures for the protection of human rights of
all persons within the Philippines, as well as Filipinos residing abroad, and
provide for preventive measures and legal aid services to the underprivileged
whose human rights have been violated or need protection;
(4) Exercise visitorial powers over jails, prisons, or detention facilities;
(5) Establish a continuing program of research, education, and information
to enhance respect for the primacy of human rights;
(6) Recommend to the Congress effective measures to promote human
rights and to provide for compensation to victims of violations of human
rights, or their families;
(7) Monitor the Philippine Government's compliance with international treaty
obligations on human rights;
(8) Grant immunity from prosecution to any person whose testimony or
whose possession of documents or other evidence is necessary or convenient
to determine the truth in any investigation conducted by it or under its
37

authority;
(9) Request the assistance of any department, bureau, office, or agency in
the performance of its functions;
(10) Appoint its officers and employees in accordance with law; and
(11) Perform such other duties and functions as may be provided by law.
Opposition
Article XIII, Section 19. The Congress may provide for other cases of
violations of human rights that should fall within the authority of the
Commission, taking into account its recommendations.
Defense
Under Sec. 7, Article IX, the Bangsamoro HRC is

given prosecutorial powers which the CH of the
Central Government does not possess. In this sense,
the Bangsamoro HRC is more powerful than the CHR.
The CHR is limited to the investigation of violations of
human rights as should be the BHRC which purports
to be a counterparty body. Ombudsman
Constitution provides for the creation of but one CHR,
prescribes the qualifications of its members and sets
the powers and functions thereof.
The BHRC shall have a coordinative and
complementary relationship with the national CHR.
Does this indicate it will not be under the supervision
and control of the CHR and will exist and operate on
an equal plane with the CHR. The coordinative and
complementary relationship is an abstract, visionary,
and indefinite link or association. There are no
guidelines/yardstick to determine coordinative and
complementary relations.
The Bangsamoro HRC cannot prejudice the primarily

recommendatory functions of the NHRC and is
probably prudent given the special human rights
issues that may arise in the Bangsamoro Entity due
to its special demographics. (i.e. human rights
questions involving race and religion specific to the
Bangsamoro Entitys unique demographics)
- Agabin and Tan
Philippine Constitution Association
38

Issue: Creation of Bangsamoro Commission on Audit
BBL Provision
Constitution
Article IX (D)
Article V, Sec. 2(7): The Bangsamoro auditing body shall have auditing
responsibility over public funds utilized by the Bangsamoro, without prejudice
to the power, authority, and duty of the national Commission on Audit. The
Bangsamoro Government shall ensure transparency mechanisms consistent
with open government practices.
Article 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
expeditures 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.
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, commissions and offices that have been granted
fiscal autonomy under this Constitution;
(b) autonomous state colleges and universities;
(c) other government-owned or controlled corporations and their
subsidiaries; and
The BCAs power, authority, and duty shall be without prejudice to the power,
authority, and duty of the Commission on Audit 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.
(d) such non-governmental entities receiving subsidy or equity, directly or

indirectly, from or through the Government, which are required by law or the
granting institution to submit to such audit as a condition of subsidy or
equity.
With due regard to the BCAs responsibility to ensure the judicious use of
funds within the Bangsamoro, disbursement vouchers of the Bangsamoro
Government shall be submitted immediately to the BCA.
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.
(2) The Commission shall have exclusive authority, subject to the limitations
in this Article, to define the scope of its audit and examination, establish the
techniques and methods required therefor, and promulgate accounting and
auditing rules and regulations, including those for the prevention and
disallowance of irregular, unnecessary, excessive, extravagant, or
unconscionable expenditures, or uses of government funds and properties.
39

Section 3. No law shall be passed exempting any entity of the Government
or its subsidiary in any guise whatever, or any investment of public funds,
from the jurisdiction of the Commission on Audit.
Opposition
The creation of and the power vested in the BCA may
raise constitutional and legal issues in regard to the
powers and functions of the COA. Section 2, Article
IX-D of the Constitution vests in COA the power,
authority, and duty examine audit and settle all
accounts of government or any of its political
subdivisions Clearly, funds or property of the
Bangsamoro, being a political subdivision of the
Philippine Government are subject to audit by the
COA, and no other entity, as mandated by the 1987
Constitution - Commission on Audit / Philippine
Constitution Association
Section 4. The Commission shall submit to the President and the Congress,
within the time fixed by law, an annual report covering the financial
condition and operation of the Government, its subdivisions, agencies, and
instrumentalities, including government-owned or controlled corporations,
and non-governmental entities subject to its audit, and recommend
measures necessary to improve their effectiveness and efficiency. It shall
submit such other reports as may be required by law.
Defense
The COA retains its power to audit all government
bodies, including in the Bangsamoro Entity, as the
Bangsamoro Commission on Audit parallels (and
parallel audits are allowed in jurisprudence) but does
not replace the COA. Agabin and Tan
To supplement the work of the Constitutional bodies
in the Bangsamoro is the proposed establishment of
auditing, civil service, election, and human rights
units in the Bangsamoro without prejudice of course
to the powers, authorities, and duties of these
Constitutional bodies. The only goal is to assist and
not to replace in any manner whatsoever the powers
and authorities of these bodies. Government
Panel Member Senen Bacani
Regarding the concurrent powers, these are the
functions which the Constitution has placed upon a
specific agency, and thus, may not be removed from
the Central Government. However, these may be
exercised concurrently with an autonomous region
such as the Bangsamoro. For example, auditing and
the civil service may not be removed from the
Central Government as the Constitution provides that
it is the COA and the CSC, respectively, which has
jurisdiction over these matters. But it may be
exercised concurrently. La Vina and Lee (+)
40

The power to promulgate auditing rules and
regulations of the BCA is an exclusive power of the
Commission under Sec. 2(2), Article IX-D of the 1987
Constitution. - Commission on Audit
The provision of the constitution is clear that the COA
not only has the power and authority, but also the
duty to conduct audit.- Commission on Audit
The creation of the BCA and its conduct of audit, even
if without prejudice to the power/authority of the
COA,
may
result
in
different
or
opposing
positions/rules which could erode the credibility of
both audits. BBL does not infer that the COA may
modify, alter, or reverse audit decisions of the BCA. Commission on Audit
The submission of disbursement vouchers to the BCA
is not in consonance with Sec. 2(1), Article IX-D,
1987 Constitution, mandating this Commission to
keep the general accounts of the government and
preserve the vouchers and other supporting
documents pertaining thereto. - Commission on
Audit
41

Issue: Creation of Bangsamoro Civil Service Commission
BBL Provision
Constitution
Article V, Section 2(8): The Bangsamoro Government shall develop and

administer a professional civil service corps, to include the powers and
privileges on civil service matters provided in RA 9054, and without prejudice
to the power, authority, and duty of the national Civil Service Commission.
There is hereby created a Bangsamoro Civil Service office that shall develop
and administer a professional civil service corps, without prejudice to the
power, authority, and duty of the national Civil Service Commission. The
Bangsamoro Government shall enact a civil service law for this purpose. This
law shall govern the conduct of civil servants, the qualification for non-elective
positions, adopt the merit and fitness system, and protect civil service eligible
in various government positions, including government owned- and/or
controlled corporations with original charters, in the Bangsamoro. The
Bangsamoro Government shall have primary authority over its own officials
and employees.
Article XVI, Section 4:
The Bangsamoro Transition Authority may also enact a Bangsamoro Civil
Service Code, as provided in this Basic Law. IN the absence of the latter,
national civil service laws and regulations are primarily applicable in the
Bangsamoro.
Opposition
The Bangsamoro Civil Service Office should be under
the control and supervision of the Philippine Civil
Service Commission. Civil Service Commission
Of either the national Civil Service or the Bangsamoro
Article IX (B)
Section 2.
(1) The civil service embraces all branches, subdivisions, instrumentalities,
and agencies of the Government, including government owned or controlled
corporations with original charters.
(2) Appoints in the civil service shall be made only according to merit and
fitness to be determined, as far as practicable, and, except to positions
which are policy- determining, primarily confidential, or highly technical, by
competitive examination.
(3) No officer or employee of the civil service shall be removed or suspended
except for cause provided by law.
(4) No officer or employee in the civil service shall engage, directly or
indirectly, in any electioneering or partisan political campaign.
(5) The right to self-organization shall not be denied to government
employees.
(6) Temporary employees of the Government shall be given such protection
as may be provided by law.
Section 3. The Civil Service Commission, as the central personnel agency of
the Government, shall establish a career service and adopt measures to
promote morale, efficiency, integrity, responsiveness, progressiveness, and
courtesy in the civil service. It shall strengthen the merit and rewards
system, integrate all human resources development programs for all levels
and ranks, and institutionalize a management climate conducive to public
accountability. It shall submit to the President and the Congress an annual
report on its personnel programs.
Defense

The Bangsamoro Civil Service Law should be

in consonance with the provisions under the
Revised Administrative Code of 1987 as
operationalized through EO 292 as well as
other civil service law, rules, and regulations.
42

Civil Service can it be correctly asked: What is it to
do in view of the presence of the other? Art. IX-B,
Sec. 1 of the Constitution clearly contemplates a
unitary CSC. The draft Organic Law bifurcates the
civil service. So, will the BCS for instance, have the
authority to eliminate the distinction now in force
between the closed career service and the open
career service? Suppose it issues a MC re-defining
temporary and permanent service, how will the
confused civil servants deal with these differences?
Fr. Aquino (San Beda)

Regarding the concurrent powers, these are the
functions which the Constitution has placed upon a
specific agency, and thus, may not be removed from
the Central Government. However, these may be
exercised concurrently with an autonomous region
such as the Bangsamoro. For example, auditing and
the civil service may not be removed from the
Central Government as the Constitution provides that
it is the COA and the CSC, respectively, which has
jurisdiction over these matters. But it may be
exercised concurrently. La Vina and Lee (+)
In the disposition of personnel of the ARMM,

RA 6656 should be followed giving priority
preference to civil servants who have
permanent appointments in the placement
process, among others.
The authority of the BTA to create offices, and
organize during transition and the authority
of the BG to reorganize the bureaucracy upon
its constitution or any time thereafter should
be exercised pursuant to RA 6656 particularly
Sec.3 and 4 thereof.
-
Civil Service Commission
43

Issue: Creation of Bangsamoro Electoral Office
BBL Provision
Constitution
Article VII
Section 9: The Bangsamoro Transition Authority shall enact the Bangsamoro
Electoral Code, which shall be correlated to national election laws, insofar as
these are consistent with this Basic Law. The Electoral system shall allow
democratic participation, ensure accountability of public officers primarily to
their constituents and encourage formation of genuinely principled political
parties.
Article IX (C)
Section 2.
The Commission on Elections shall exercise the following powers and
functions:
There is hereby created a Bangsamoro Electoral Office which shall be a part of

the Commission on Elections and which shall perform the functions of the
Commission on Elections in the Bangsamoro. The Bangsamoro Parliament shall
submit a list of three recommendees to the President who shall choose and
appoint from among them the Director General, who shall head the Office. In
addition to enforcing national election laws in the Bangsamoro, the
Bangsamoro Electoral Office shall likewise implement the Bangsamoro
Electoral Code enacted by Parliament in the Bangsamoro and shall perform the
following functions:
(5) Register, after sufficient publication, political parties, organizations, or

coalitions which, in addition to other requirements, must present their
platform or program of government
(1) Enforce and administer all laws and regulations relative to the conduct of
an election, plebiscite, initiative, referendum, and recall.
1) Register and accredit regional political parties;

2) In relation to plebiscite for joining the Bangsamoro, receive
petitions/resolutions to join from geographic areas;
3) Schedule plebiscites for expansion;
4) Prepare rules and regulations for Bangsamoro elections and plebiscites,
for the promulgation of the COMELEC. All rules and regulations
governing elections and plebiscites shall emanate from the Bangsamoro
Electoral Office.
Section 10. The budget for the Bangsamoro Electoral Office shall be included
in the appropriations for the Commission on Elections.
Opposition
Defense
The Bangsamoro Electoral Office shall be a part of
the COMELEC and thus cannot supplant the latter and
presumably under its control and supervision. The
Bangsamoro Electoral Code shall be subsidiary to
national election laws.- Agabin and Tan
COMELEC Position Paper only raised issues
relating to the conduct of the plebiscite but
none
on
power
sharing/creation
of
Bangsamoro Electoral Office.
44

45

Plebiscite
Issue: conduct of National Plebiscite
BBL Provision
Article XV, Sec. 1. Establishment of the Bangsamoro.
(1) The establishment of the Bangsamoro and the determination of the
Bangsamoro territory shall take effect upon ratification of this Basic Law by
majority of the votes cast in the following provinces, cities, and geographical
areas in a plebiscite conducted for the purpose:
a. The present geographical area of the Autonomous Region in Muslim
Mindanao (ARMM);
b. The Municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan and
Tangkal in the province of Lanao del Norte;
c. The following thirty nine (39) Barangays in the Municipalities of Kabacan,
Carmen, Aleosan, Pigkawayan, Pikit, and Midsayap in North Cotabato that
voted for inclusion in the ARMM during the 2001 plebiscite under Republic
Act No. 9054:
i. Dunguan, Lower Mingading, and Tapodoc in the municipality of
Aleosan (3);
ii. Manarapan and Nasapian in the municipality of Carmen (2);
iii. Nanga-an, Simbuhay and Sanggadong in the municipality of
Kabacan (3);
iv. Damatulan, Kadigasan, Kadingilan, Kapinpilan, Kudarangan, Central
Labas, Malingao, Mudseng, Nabalawag, Olandang, Sambulawan, and
Tugal in the municipality of Midsayap (12); 88
v. Lower Baguer, Balacayon, Buricain, DatuBinasing, Kadingilan,
Matilac, Patot, and Lower Pangangkalan in the municipality of
Pigkawayan (8);
vi. Bagoinged, Balatican, S. Balong, S. Balongis, Batulawan, Buliok,
Gokoton, Kabasalan, Lagunde, Macabial, Macasendeng, in the
municipality of Pigkawayan (11)
d. The Cities of Cotabato and Isabela; and
Those qualified for inclusion in the plebiscite, by way of resolution or petition.
Constitution
Article XVII, Sec. 1. Any amendment to, or revision of, this Constitution
may be proposed by:
1. The Congress, upon a vote of three-fourths of all its Members; or
2. A constitutional convention.
Article XVII, Sec. 2. Amendments to this Constitution may likewise be
directly proposed by the people through initiative upon a petition of at least
twelve per centum of the total number of registered voters, of which every
legislative district must be represented by at least three per centum of the
registered voters therein. No amendment under this section shall be
authorized within five years following the ratification of this Constitution nor
oftener than once every five years thereafter.
The Congress shall provide for the implementation of the exercise of this
right.
Article XVII, Sec. 3. The Congress may, by a vote of two-thirds of all its
Members, call a constitutional convention, or by a majority vote of all its
Members, submit to the electorate the question of calling such a convention.
Article XVII, Sec. 4. Any amendment to, or revision of, this Constitution
under Section 1 hereof shall be valid when ratified by a majority of the votes
cast in a plebiscite which shall be held not earlier than sixty days nor later
than ninety days after the approval of such amendment or revision.
Any amendment under Section 2 hereof shall be valid when ratified by a
majority of the votes cast in a plebiscite which shall be held not earlier than
sixty days nor later than ninety days after the certification by the
Commission on Elections of the sufficiency of the petition.
46

Opposition
Defense
If Bangsamoro is to be created as the prize for peace

in Mindanao, it must be by the will of the Filipino
people as a whole, not solely the will of the
Bangsamoro people living in the Bangsamoro
territory. And it must be by constitutional amendment
and not by an act of Congress.
Senator Guingona was asking whether the proposed
BBL cannot be considered a proposal to amend the
Constitution and this Congress sitting as a constituent
assembly to propose amendment to the Constitution
and to consider the voice of the people expressed in
some referenda in the provinces as sufficient. The
constituent power, considering the importance of the
subject must be exercised strictly in accordance with
the procedure of Article XVII which means that
Congress should sit together as a constituent
assembly and make a proposal.
We have got to follow the form and the procedure in
Article XVII if we are to pass these features of the bill
as proposals for a constitutional amendment or
revision. I think it will be a revision to be technical.
And then submit it to the people in a plebiscite within
a period from 60 to 90 days and all that is required in
order to amend or revise the Constitution. Short of
that, Madam Chairman, the BBL cannot be passed by
Congress either as a proposal to amend the
Constitution. Justice Vicente V. Mendoza (26
January 2015 Senate Hearing, Committee on
Local Government Joint with the Committees on
Peace, Unification and Reconciliation; and
Constitutional Amendments and Revision of Codes)
47

Issue: requirements of the Plebiscite establishing Bangsamoro
BBL Provision
Constitution
Article XV, Sec. 1. Establishment of the Bangsamoro.

Article X, Sec. 10. No province, city, municipality, or barangay may be
(1) The establishment of the Bangsamoro and the determination of the
created, divided, merged, abolished, or its boundary substantially altered,
Bangsamoro territory shall take effect upon ratification of this Basic Law by
except in accordance with the criteria established in the local government
majority of the votes cast in the following provinces, cities, and geographical
code and subject to approval by a majority of the votes cast in a plebiscite in
areas in a plebiscite conducted for the purpose:
the political units directly affected.
e. The present geographical area of the Autonomous Region in Muslim
Mindanao (ARMM);
Article X, Sec. 18. The Congress shall enact an organic act for each
f. The Municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan and
autonomous region with the assistance and participation of the regional
consultative commission composed of representatives appointed by the
g. The following thirty nine (39) Barangays in the Municipalities of Kabacan,
President from a list of nominees from multi-sectoral bodies. The organic act
shall define the basic structure of government for the region consisting of
the executive department and legislative assembly, both of which shall be
Act No. 9054:
elective and representative of the constituent political units. The organic acts
i. Dunguan, Lower Mingading, and Tapodoc in the municipality of
shall likewise provide for special courts with personal, family, and property
Aleosan (3);
law jurisdiction consistent with the provisions of this Constitution and
ii. Manarapan and Nasapian in the municipality of Carmen (2);
national laws.
iii. Nanga-an, Simbuhay and Sanggadong in the municipality of
Kabacan (3);
iv. Damatulan, Kadigasan, Kadingilan, Kapinpilan, Kudarangan, Central
Labas, Malingao, Mudseng, Nabalawag, Olandang, Sambulawan, and the purpose, provided that only provinces, cities, and geographic areas
v. Lower Baguer, Balacayon, Buricain, DatuBinasing, Kadingilan,
region.
Pigkawayan (8);
vi. Bagoinged, Balatican, S. Balong, S. Balongis, Batulawan, Buliok,
h. The Cities of Cotabato and Isabela; and
i. Those qualified for inclusion in the plebiscite, by way of resolution or
petition.
Opposition
Defense
[t]he draft BBL appears to require stricter numbers
than those under the Constitution for an LGU to
become part of the Bangsamoro. (footnote to the
preceding sentence: Note, however, that in Datu Kida
v. Senate of the Philippines (G.R. No. 196271, 18
October 2011), the Supreme Court struck down the
In this bill, for the first time, we recognize the spirit

of the provision that gives primacy to the consent of
the governed in determining their political status. By
allowing municipalities and barangays, not just
provinces and cities to participate in the plebiscite,
we intend to right the wrong committed against
RA 7160 (Local Government Code of

1991), Sec. 10. Plebiscite Requirement. - No
creation, division, merger, abolition, or
substantial alteration of boundaries of local
government units shall take effect unless
approved by a majority of the votes cast in a
48

provision in R.A. No. 9054 which provides that
any amendment to the organic act must be
approved by the majority of votes cast in a
plebiscite. It found that the enlargement of the
plebiscite requirement required under Section 18,
Article X of the Constitution to be excessive to
point of absurdity and, hence, a violation of the
Constitution.)
Dean Antonio La Via and Janice Lee
thephrase geographical areas when it was all but

rendered a mere surplusage in past legislations.
Secretary Teresita Quintos Deles
plebiscite called for the purpose in the

political unit or units directly affected. Said
plebiscite shall be conducted by the
Commission on Elections (COMELEC) within
one hundred twenty (120) days from the date
of effectivity of the law or ordinance effecting
such action, unless said law or ordinance fixes
another date.
Issue: Barangays and Municipalities included in the plebiscite establishing Bangsamoro

BBL Provision
Constitution
Section 1. Establishment of the Bangsamoro. (1) The establishment of

the Bangsamoro and the determination of the Bangsamoro territory shall take
effect upon ratification of this Basic Law by majority of the votes cast in the
following provinces, cities, and geographical areas in a plebiscite conducted for
the purpose:
xx

b.
The Municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan and

c. The following thirty nine (39) Barangays in the Municipalities of Kabacan,
Act No. 9054:
a. Dunguan, Lower Mingading, and Tapodoc in the municipality of
Aleosan (3);
b. Manarapan and Nasapian in the municipality of Carmen (2);
c. Nanga-an, Simbuhay and Sanggadong in the municipality of
Kabacan (3);
d. Damatulan, Kadigasan, Kadingilan, Kapinpilan, Kudarangan, Central
Labas, Malingao, Mudseng, Nabalawag, Olandang, Sambulawan, and
e. Lower Baguer, Balacayon, Buricain, DatuBinasing, Kadingilan,
Pigkawayan (8);
f. Bagoinged, Balatican, S. Balong, S. Balongis, Batulawan, Buliok,
Article X, Sec. 18. The Congress shall enact an organic act for each
autonomous region with the assistance and participation of the regional
consultative commission composed of representatives appointed by the
President from a list of nominees from multi-sectoral bodies. The organic act
shall define the basic structure of government for the region consisting of
the executive department and legislative assembly, both of which shall be
elective and representative of the constituent political units. The organic acts
shall likewise provide for special courts with personal, family, and property
law jurisdiction consistent with the provisions of this Constitution and
national laws.
the purpose, provided that only provinces, cities, and geographic areas
region.
49

xxx
Opposition
[t]he scheme proposed under the draft BBL is unclear
as to whether the six (6) municipalities of Lanao
del Norte, and the thirty-nine (39) barangays in
North Cotabato, may independently vote to become
part of the Bangsamoro, even if the provinces or
cities to which they belong do not become part of
Bangsamoro.
Dean Antonio La Via and Janice Lee
[i]t is likewise unclear whether, in the event that the

municipalities and barangays are allowed to be part
of the Bangsamoro without their provinces or cities,
these provinces or cities should likewise be allowed to
vote in the same plebiscite which may divorce the
said municipalities and barangays from them.
xxx
Defense
In this bill, for the first time, we recognize the spirit
of the provision that gives primacy to the consent of
the governed in determining their political status. By
allowing municipalities and barangats, not just
provinces and cities to participate in the
plebiscite,w e intend to right the wrong committed
against thephrase geographical areas when it was
all but rendered a mere surplusage in past
legislations. Secretary Teresita Quintos Deles
RA 7160 (Local Government Code of
1991), Sec. 10. Plebiscite Requirement. - No
creation, division, merger, abolition, or
substantial alteration of boundaries of local
government units shall take effect unless
approved by a majority of the votes cast in a
plebiscite called for the purpose in the
political unit or units directly affected. Said
plebiscite shall be conducted by the
Commission on Elections (COMELEC) within
one hundred twenty (120) days from the date
of effectivity of the law or ordinance effecting
such action, unless said law or ordinance fixes
another date.
In view of the potential challenges to these

provisions, it is submitted that should the
draft BBL be enacted, Congress should
indicate strongly that these provisions is
separable
from the rest of the BBL, so as to preclude
any injunction on the continued
implementation of the rest of the law. Dean
Antonio La Via and Janice Lee
While the draft BBL provides that the barangays and

municipalities may vote in the plebiscite, it does not
provide that Lanao del Norte and North Cotabato, of
which they are part, must also vote.
In one recent case, (Umali v. Commission on
Elections, G.R. No. 203974, 22 April 2014) the
50

Supreme Court ruled that the province to which
a local government unit belongs, and which the
latter seeks to leave, is a directly affected political
unit, must participate in the plebiscite.
Due to the significant impact in the political and
economic rights of the local government unit
involved, it was held that the political units directly
affected included the province to which the
component LGU belongs, which may, in this
context, include the barangays and municipalities
participating in the plebiscite. Dean Antonio La
Via and Janice Lee
Issue: Opt-in provision

BBL Provision
Constitution
Article III, Sec 2. Core Territory The core territory of the Bangsamoro
shall be composed of:

xxxx
d) all other contiguous areas where there is resolution of the local government
unit or a petition of at least ten percent (10%) of the registered voters in the
area asking for their inclusion at least two months prior to the conduct of the
ratification of the Bangsamoro Basic Law and the process of delimitation of the
Bangsamoro.
Article III, Sec. 2. Core Territory (d) all other contiguous areas where
there is resolution of the local government unit or a petition of at least ten
percent (10%) of the registered voters in the area asking for their inclusion at
least two months prior to the conduct of the ratification of the Bangsamoro
Basic Law and the process of delimitation of the Bangsamoro.
In order to ensure the widest acceptability of the Bangsamoro Basic Law in the
core areas above-mentioned, a popular ratification shall be conducted among
all the Bangsamoro within the areas for their adoption.
Article III, Sec 3. Contiguous Territory The areas which are contiguous
51

and outside the core territory may opt at anytime to be part of the territory
upon petition of at least ten percent (10%) of the registered voters and
approved by a majority of qualified votes cast in a plebiscite.
Article XV, Sec 3. Results of the Plebiscite. (e) For all other contiguous
areas where there is a resolution of the local government unit or a petition of
at least ten percent (10%) of the registered voters in the geographic area
asking for their inclusion at least two months prior to the conduct of the
ratification of the Bangsamoro Basic Law (BBL). If the majority of the
registered voters in each of these local government units vote in favor of the
Bangsamoro Basic Law (BBL), the respective local government units shall be
included in the Bangsamoro.
Article XV, Sec 4. Plebiscite for Joining the Bangsamoro. Any local
government unit or geographic area outside the territorial jurisdiction of the
Bangsamoro, but which are contiguous to any of the component units of the
Bangsamoro, upon a verified petition for the conduct of a plebiscite of at least
ten percent (10%) of the registered voters, submitted to the Bangsamoro
Electoral Office. Provided that, the inclusion of said local government unit or
geographic area in the Bangsamoro shall be effective when approved by a
majority of the registered voters within that local government unit in the
plebiscite called for the purpose. Provided further that the schedule of the
plebiscite shall be determined by the COMELEC through the Bangsamoro
Electoral Office.
Opposition
Defense
How do you actualize and conduct popular

ratification? Is popular ratification similar to
plebiscites?
Votes must be actually cast in a plebiscite and not
through popular ratification. Philippine
Constitutional Association
This novel and unorthodox device or procedure to
further expand the Bangsamoro territory (referring to
Article III, Sec. 3 BBL) also violates Article X of the
Constitution and R.A. 7610 and its Rules and
Regulations. It is subject to ause and misuse and will
cause confusions in the implementation. This will be
a veritable seedbed for corruption and political
machinations. The mere expedient petition of at least
52

10% of the registered voters and approved by the
majority of qualified voters cast in a plebiscite can
increase/expand the Bangsamoro territory with
undemocratic and unsound requirements and atypical
process. The use od exceptional and varied political
strategies and maneuvers is magnetic/attractive to
expand the Bangsamoro core territory. Philippine
Constitutional Association
53

Summary of Issues and Arguments On The BBL

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Summary of Issues and Arguments On The BBL

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SUMMARY OF BBL ISSUES AND ARGUMENTS

Issue: Statehood/Secession - Territory

Art. III, Section 1. Definition of Territory - Territory refers to the land

Art. 1, Sec. 1: The national territory comprises the Philippine archipelago,

Art. III, Sec. 1 is explicit

The requisite plebiscite takes the BBL out of the

What is contiguous could be better

As to waters: management can be delegated.

on Contiguous Zones it encroaches on Philippine

SUMMARY OF BBL ISSUES AND ARGUMENTS

Preamble: . Affirming the distinct historical identity and birthright of the

One would read this as referring to Internal selfdetermination.

Self-governance does not imply independence or

The marks of external self-determination can be

Recognition and Statehood

Independent Institutions are created

The support of foreign governments for the BBL can

Granting concurrent powers to Bangsamoro may

SUMMARY OF BBL ISSUES AND ARGUMENTS

Art. IV. Citizenship

Art. IV, Sec. 7

Non-Bangsamoros may be disqualified. The definition

There is no definition of citizenship.

The term Bangsamoro People should have been

The autonomous region in the Constitution is

Without mention of other Filipino people, it is like the

There is no discrimination with respect to candidacy.

other inhabitants how are they treated now can

SUMMARY OF BBL ISSUES AND ARGUMENTS

Issue: Form of Government.

Creating a Parliamentary Form of Government

- Generally Art. VII.

Art. IV, Sec. 3

Art. X, Sec. 15: There shall be created autonomous regions in Muslim

SUMMARY OF BBL ISSUES AND ARGUMENTS

Parliamentary Systems in a Presidential one is an

IPs are allowed different forms of government. The

Also relates to a discussion on Autonomy

Overall, the BBL in implementation of the CAB

Local autonomy is administrative autonomy, while

There is no competitive party system that would

The constitution recognizes differences in history and

A people sharing the same historical experience

And other relevant characteristics

SUMMARY OF BBL ISSUES AND ARGUMENTS

Article V. POWERS OF GOVERNMENT

ARTICLE X. LOCAL GOVERNMENT

Section 1. Reserved Powers. - Reserved powers are matters over which

In order to avoid any doubt, a definition of

SUMMARY OF BBL ISSUES AND ARGUMENTS

and authority in external relations and the countrys

general supervision powers of the

The concurrent powers are functions, which the

- Antonio G. M. La Vina and Janice Lee

The remaining exclusive powers refer to internal

The list of exclusive powers is acceptable since article

SUMMARY OF BBL ISSUES AND ARGUMENTS

with Muslim countries and their political subdivisions

Under the Constitution, all powers not delegated are

SUMMARY OF BBL ISSUES AND ARGUMENTS

The powers granted to the BG exceed those granted

SUMMARY OF BBL ISSUES AND ARGUMENTS