A group of constitutionalists and framers of the 1987 Constitution have petitioned the Supreme Court to declare the Bangsamoro Organic Law (BOL), which grants wider autonomy to Mindanao, illegal and unconstitutional.
In a 37-page petition filed on Dec 11, 2018, the Philippine Constitution Association (Philconsa) assailed the legality of Republic Act (RA) 11054 or the BOL, which forms
the Bangsamoro Autonomous Region to replace the Autonomous Region in Muslim Mindanao (ARMM) as a result of a 2014 peace deal with the Moro Islamic Liberation Front (MILF).
Philconsa, represented by lawyer Manuel Lazaro, is recognised by the high court as an expert on constitutional issues impressed with public interest or of transcendental importance.
The association pointed out that the BOL violates Section 18 and 19 of Article X of the 1987 Constitution, which, it argued, authorised the enactment of only one organic act for Muslim Mindanao, RA 6734 passed in 1989 and amended by RA 9054 in 2001.
Only an amendment to the Constitution will allow the creation of a new autonomous region, Philconsa said.
Political participation through the ARMM was part of the 1996 final peace agreement between the government and the Moro National Liberation Front, from which the MILF broke away.
The BOL needs to go through a plebiscite before it is implemented, and there will be two days of voting in January and February 2019.
Philconsa’s arguments are similar to those raised by the Province of Sulu, through Governor Abdusakur Tan 2nd, in October.
It said establishing a parliamentary form of government in the BAR would violate the doctrine of separation of powers enshrined in the Constitution.
“Any exercise of power of the legislative and the executive departments or any of their respective functionaries beyond what is circumscribed by the Constitution and law is unconstitutional, and a nullity,” the Philconsa petition stated.
It also cited the deliberations of the Constitutional Commission that drafted the 1987 Constitution, which it said was crystal clear that the ARMM and the Cordilleras are the only autonomous regions recognised by the Charter.
“It is indubitable the ARMM and the Cordilleras were created by the Constitution. They are the only autonomous regions recognised by the Constitution. The (BAR) was created by Congress in violation of the Constitution,” it said.
“In light of the language of Article X of the Constitution and the clarifications that commission delegates Fr Joaquin Bernas and Blas Ople elicited, it is submitted that: (a) A Constitutional amendment is the only way to create a new and distinct autonomous region, such as the (BAR) in this case or to abolish an existing autonomous region, such as the ARMM; (b) Congress is prohibited or has no authority or jurisdiction to create other autonomous regions; (c) Congress cannot defy or supplant the Constitution; and (d) Congress cannot amend the provisions of the Constitution,” it said.
Named respondents to the case are Executive Secretary Salvador Medialdea and members of the Senate and the House of Representatives headed by Senate President Vicente Sotto 3rd and House Speaker Gloria Macapagal Arroyo, respectively.
The petitioners argued that Congress committed grave abuse of discretion amounting to lack or excess of jurisdiction in passing the BOL in July.
The former government chief negotiator of the peace process with the MILF, Associate Justice Mario Victor Leonen, was tasked to be the ponente or member in charge of studying the petition and drafting the ruling.
Philconsa filed a petition for certiorari and prohibition and asked the Supreme Court to issue a temporary restraining order that will stop the respondents from implementing the BOL.
“Until and unless a TRO or preliminary injunction is issued, unlawful disbursements or uses of public funds pursuant to the illegal/unconstitutional RA 11054 will escalate into continuing violations, if not a flaunting disregard or defiance, of the Constitution, and the laws further prejudicing public interest and welfare,” it added.
Manuel Lazaro
