THE BANGSAMORO BASIC LAW

A Research Paper Submitted to

Ms. Melinda Dy
the Faculty of
University of Nueva Caceres

In Partial Fulfillment
Of the Requirements for the Course
English 2

By
Jharil P. Camposano
BSBA Marketing Management
October 2015

THE BANGSAMORO BASIC LAW

Introduction

PH history as construct
Mainstream Philippine history has been socially constructed and tied to
the structure of power. As a construct, its language and texts are framed and
carefully selected to correspond to the culture of power operating in the sites of the
production of knowledge.
The reconstructed Philippine history is without significant meaning to the Muslims
because an essential portion of the past, that of the history of the Muslims in the
Philippines, has been exteriorized, if not excluded in the mainstream writing of
Philippine historical narratives.
As expressed by McM Santamaria, thus: Our apparently biased dominant Christian
discourse seems to disable us from recognizing the great achievements of the
(Moros)the setting up of state organizations beyond the level of the barangay and
the maintenance of military might with the well-tested capability to resist the West.
(Business Mirror, July, 16, 2008)
History of Sovereignty
The Philippine Muslims had, for centuries, maintained their sovereign independence.
An account in Book Three of Blair and Robertson (p. 190) reveals that the Spanish
accounts from the 16th and 17th centuries readily acknowledged that the Muslim
rulers in Mindanao and Sulu unlike those of Luzon are accustomed to power and
sovereignty.
One Muslim polity, the Maguindanao Sultanate, reached the zenith of its glory
during the time of Sultan Kudarat in the 1630s and 1640s when it had controlled
most parts of Mindanao.
As to the Sultanate of Sulu, it was the richest settlement in pre-Spanish Philippines.
Sulus strategic location and possession of rich maritime and forest resources made

it a primary center of international trade. At the height of its glory, the rulers of Sulu
controlled vast territories, including parts of Borneo, such as Sabah and Kalimantan.
In international relations, the Sulu Sultanate signed several diplomatic treaties with
foreign powersSpain, Great Britain, France and the United States. What the Sulu
leaders signed was a treaty, strictly so-called that is one between two sovereign
and independent states, each is recognized as such by the other, a Jesuit scholar
wrote in 1935. (H. de la Costa S.J. 1935/1965. p. 97)
Dispossession
How the Muslims lost their lands to the settlers is described by Dr. Peter Gowing:
The Muslims have been protesting against the sending of settlers into their
territories They resented the steady occupation of (their) fertile lands by (these
newcomers). In some cases, powerful business interests or wealthy Christians, in
cooperation with corrupt bureau officials, took advantage of Muslims ignorance or
indifference to Philippine land laws and grabbed from them large tracts of their best
lands (Gowing. 1978. p. 190).
In 1963, the Senate committee on national minorities reported that lands applied
[for] by the natives were awarded to Christians and that government surveyors do
not pay attention to the minorities. (Philippine Senate, 1963. p. 4)
In 1971, the Senate committee on national minorities reported that Through either
indifference, insincerity or lack of foresight, the seeds of discord were sown when
the Commonwealth Government embarked on a policy of bringing settlers from
Luzon and Visayas to Mindanao without a parallel program of helping the natives
legitimize their landholdings (and) the prior rights of the natives were
disregarded and even trampled upon. (Philippine Senate, 1971. pp. 22-23)
Anomalous treaty
Aside from land grabbing (Gowing. 1978. p. 190), another critical point of historical
injustice was the Treaty of Paris of Dec. 10, 1898. The anomalous incorporation of

the Muslims into the Philippines through this treaty is an ugly chapter in Philippine
history.
In this regard, Dr. O.D. Corpuz writes: In Paris in 1898, when Spain and the new
imperialist United States were selling and buying a country and people, Spain sold
something it did not own or possess (Corpuz. 1989. p. 507). It was through this
unjust and anomalous treaty that Muslim Mindanao was forcibly incorporated into
what is now the Philippines.
Another reflection of this unjust colonial transaction is presented by a Mindanao
scholar as follows: [T]he supposed transfer of the Spanish possession to the
Americans by the Treaty of Paris and the further transfer of the same by the
Americans to the Republic of the Philippines is an exercise of the Regalian Doctrine,
plain and simple (F)or the Republic of the Philippines to base its possessory rights
from the Americans is [a] complete disregard of the historical realities before them.
The Philippine possession is to sustain the Regalian Doctrine and uphold
colonialism. Worse, this colonial act is enshrined in the Philippine Constitutions of
1935, 1973 and 1986 (Rodil. 1987. p. 28).
This historical wrong is being remedied by minimum concession through the
proposed Bangsamoro Basic Law.
Nation-state construct
The idea of the nation-states territorial integrity or national sovereignty held to
be unnegotiable could be reassessed and reconsidered in light of history and
contemporary experience with this constructed unit of the international system. The
nation-state construct was a creation of the Treaty of Westphalia, signed in 1648, to
end the 30 years of religious wars between the Protestants and the Catholics.
The construction of the nation-state system did not take into consideration the
importance of other peoples history and culture, more so of the Muslims, in
delineating territorial boundaries.

Causes of Mindanao problem

As a structural construct or work-in-progress, which is neither universal nor
sacred, a nation-state could still be refined, or its national frontier adjusted to
accommodate historical truth and cultural reality to bring about genuine
international peace and social justice, in such areas as the Muslim ancestral
domains in southern Philippines.
The factors that cause and sustain the Mindanao problem are the following:
Lack of cultural awareness by the majority of the Muslims way of life.
Exteriorization of Philippine Muslim history in texts of mainstream Philippine history.
Unitary setup of the Philippine system, which has proven to be inadequate in
administering peoples of different cultures and histories.
Unleveled playing field in Philippine sociopolitical and economic affairs, and the
inadequate representations of Muslims in the running of government.
Economic problems that have reduced Muslim areas into the poorest of the poor
provinces.
Land problem caused by unjust government land and resettlement policies; and
Persistence of the negative Moro image in the national psyche, as shown by
attitudinal surveys conducted by social scientists and researchers. 1
1

Abraham P. Sakili. Historical truth and Bangsamoro autonomy. Philippine Daily Inquirer.

Mar. 2015 Sep. 2015 < http://opinion.inquirer.net/83325/historical-truth-and-bangsamoroautonomy>

I.

All about Bangsamoro Basic Law

A. The Framework Agreement of the Bangsamoro
The Bangsamoro Basic Law is the result of the final peace
agreement fully fleshing out the terms of the framework which is the
Comprehensive Agreement on Bangsamoro (CAB), which is the peace
agreement signed between the Government of the Philippines and the Moro
Islamic Liberation Font (MILF) in 2014. Under this agreement, the Islamic
separatists would turn over their firearms to a third party, which would be
selected by the rebels and the Philippine Government. The MILF had agreed
to decommission its armed wing, the Bangsamoro Islamic Armed Forces
(BIAF). In return, the government would establish an autonomous
Bangsamoro.2
B. Definition of BBL
Bangsamoro Basic Law often referred to as BBL or in Filipino
Batayang Batas para sa Rehiyong Awtonomo ng Bangsamoro is a bill
currently under deliberation by the Congress of te Philippnes thet would
establish a proposed new autonomous political entity known as the
Bangsamoro Autonomous Region, replacing the current Autonomous Region
in Muslim Mindanao (ARMM). It is an organic act that would provide the basic
structure of government for the Bangsamoro Autonomous Region, and enact
the agreements set forth in the Comprehensive Agreement on the
Bangsamoro.3
C. BBLs Purpose
Its purpose is to establish a political entity that will provide its basic
structure of government in recognition of the justness and legitimacy of the
cause of the Bangsamoro people and their aspiration to chart their political
future through a democratic process that will secure their identity and
posterity and allow for meaningful self-governance. 3
2

500 MILF members attend Bangsamoro accord signing at Palace Inquirer News.

Mar. 2015 sep. 30, 2015 <https://Newsinfo.inquirer.net>

The Bangsamoro Basic Law Wikipedia Sep. 30, 2015

<https://en.m.wikipedia.org/wiki/Bangsamoro Basic Law>

4
House Bill No. 4994.pdf Sep. 20,2015
<https://.opapp.gov.ph./sites/default/files/House Bill No. 4994.pdf>

II.

BBLs Form of Government

According to the House Bill No. 4994 Article IV Section 2 (Democratic
Political System), the Bangsamoro will adapt a Parliamenary form of
Government where in its allowing its people to freely participate in the
political processes within its territory. 5
A. Parliamentary Form of Government
A parliamentary is a system of democratic governance of a state in
which the executive branch derives its democratic legitimacy form, and is
held accountable to the legislature branches thus, are interconnected.

B. Presidential Vs. Parliamentary

The Presidential system in the Philippines signifies co equality
between the President and Congress. The doctrine of separation of
powers makes that two major government branches superior within their
respective domains where in the Filipino citizen will elect their chosen
representatives and give them the power to govern as well as to carry out
the will of the people.
Whereas, the Philippine President is an impeachable officer and such
Senate has the power to remove him by a vote of two-third of its grounds
stated by the constitution and after conducting a fair and impartial trial. 7
5

Bangsamoro Basic Law: General Principles and Policies House Bill No. 4994.pdf

Sep. 20, 2015 <https://.opapp.gov.ph./sites/default/files/House Bill No. 4994.pdf>

6
Parliamentary System Wikipedia Oct.1, 2015
<https://en.m.wikipedia.org/wiki/Parliamentary system>
7
Roman Danug and Marlo Campanilla. Politics, Governance and Government with
the Philippine Constitution. 2nd ed. Quezon City: C& E Publishing Inc., 2004
Ronald M. Corpuz, Lorna V. Wy, and Rogelio G. Dela Cruz. Philippine History and
Constitution. Manila: Mindshapers Co Inc., 2008

C. BBLs Intergovernmental Relations

The Bangsamoro Government Intergovernmental Relations Body
is a central government which shall be established to resolve any issues
that may arise relating to the exercise of the respective powers of the
National Government and the Bangsamoro Government within the

Bangsamoro through consultations and continuing negotiations in a nonadversarial manner. All unresolved issues shall be elevated to the
President, through the Chief Minister. (Article VI Section 4) The draft Basic
law also provides for a Philippine Congress- a Bangsamoro Parliament
Forum for purposes of cooperation and coordination of legislative
initiatives (Article VI Section 8).
6

Frequently Asked Questions draft of the Bangsamoro Basic Law GMA News

Sep.10,2014Sep.30,2015.
<http://www.opapp.gov.ph./milf/news/frequently-asked-questions-draftbangsamoro-basic-law>

D. Bangsamoro Parliament
According to the House Bill No. 4994 Article VII Section 1-3, the
powers of the government shall be vested to the Bangsamoro Parliament
which has the legislative and executive authority that should be exercise
those powers granted in this Bangsamoro Basic Law for the power and
good governance and development of the Bangsamoro. The legislative
authority is to enact laws to be implemented according to the matters
within its power. Moreover, the executive function shall be exercised by
the Cabinet, which shall be headed by a Chief Minister. The Chief Minister
who heads the ministerial government of the Bangsamoro shall be elected
by a majority vote of the Parliament from among its members. The Chief
Minister shall appoint the Deputy Chief Minister from among the members
of the Parliament, and the members of the cabinet, majority of whom shall
also come from the parliament.9
9

Article VII:The Bangsamoro Government House Bill No. 4994.pdf Sep. 30,2015

<www.opapp.gov.ph>

E. Composition of Bangsamoro Parliament

The Bangsamoro Government shall have atleast (60) membersfifty percent (50%) of which shall be elected through a system of
proportional representation; forty percent (40%) from single member
districts; and ten percent (10%) will be elected to reserved seats
representing key sectors in the Bangsamoro. The Bangsamoro Parliament
shall have two reserved seats for non-moro indigeneous communities and

settler communities. Women shall also have a reserved seat (Article VII
Section 4-5)10
10
"Frequently Asked Questions on draft of the Bangsamoro Basic Law"
Sep.10,2014 Sep. 30,2015.
<httpshttp://www.opapp.gov.ph./milf/news/frequently-asked-questionsdraft-bangsamoro-basic-law>
III. Is BBL consistent with the 1987 Constitution?
A. Definition of Constitution
A constitution is the written instrument enacted by direct action
of the people by which the fundamental powers of the government are
established, limited and defined, by which those powers are distributed
among the several departments for their safe and useful exercise for the
benefit of the body politic. Its purpose is to prescribe the permanent
framework of a system of government, to assign to the several
departments their respective powers and duties, and to establish certain
first principles on which the government is founded. 11
11" Ronald M. Corpuz, Lorna V. Wy, and Rogelio G. Dela Cruz. Philippine History
and Constitution. Manila: Mindshapers Co Inc., 2008
B. Bangsamoro's Preamble & The 1987 Cobstitutional Preamble
Bangsamoro Preamble
We, the Bangsamoro people and other inhabitants imploringbthe aid of