The BOL has almost universally been praised as the solution to ending the violence in Mindanao. Almost universally because only the beneficiaries of the BOL, the MILF and the government, have been the loudest in supporting the creation of this new region. The fact that the BOL is a replacement for the constitutionally created ARMM without amending the constitution is the basis for a Supreme Court challenge to the new law.
The province of Sulu, represented by Gov. Abdusakur Tan II, is questioning the legality of the Bangsamoro Organic Law (BOL) in a petition for certiorari and prohibition filed before the Supreme Court (SC).
According to Tan, the Senate, the House of Representatives, the Commission on Elections, the Bangsamoro Transition Commission, Executive Secretary Salvador Medialdea, Interior Secretary Eduardo Año, Peace Adviser Jesus Dureza, and the Moro Islamic Liberation Front (MILF) committed grave abuse of discretion because it effectively abolished the Autonomous Region of Muslim Mindanao (ARMM), which was created through a provision in the Constitution.
“The enactment of R.A. 11054 violates Section 18 and Section 19, Article X of the Constitution, because the Constitution authorizes the enactment of only one (1) Organic Act upon the establishment of the autonomous region in Muslim Mindanao,” the petition claimed.
“Furthermore, since ARMM was created by the Constitution, Congress, by itself, cannot abolish ARMM; only through a constitutional amendment may ARMM be abolished. R.A. 11054 which effectively abolishes ARMM is, therefore, unconstitutional,” it added.
The document, prepared by former Comelec Commissioner Sixto Brillantes, also said that if the BAR adopts a parliamentary form of government, it would turn the executive and the legislative branches into one body, thus violating current laws.
“In Section 3, Article IV, and in Article VII of R.A. 11054, the establishment of a parliamentary form of government in the Bangsamoro Autonomous Region violates the doctrine of separation of powers enshrined in the Constitution,” they said.
“The Chief Minister is not elected as such by the people, but as Member of Parliament, and subsequently elected as Chief Minister by Parliament. Not being directly elected by the people, he does not directly represent the people but the Parliament which elected him. This is unconstitutional,” they noted.
Sections 18 and 19 of article 10 of the constitution reads as follows:
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.
SECTION 19. The first Congress elected under this Constitution shall, within eighteen months from the time of organization of both Houses, pass the organic acts for the autonomous regions in Muslim Mindanao and the Cordilleras.
https://www.officialgazette.gov.ph/constitutions/1987-constitution/
Open and shut right? Maybe not. The government could reason that the ARMM as it is currently composed was not created by these two sections of the constitution. There is only a provision for the creation of an autonomous region, not a complete act with regard to its operation. The BOL creates an autonomous region in Muslim Mindanao and was composed by both Houses of Congress. Therefore the BOL can replace the ARMM and is not unconstitutional.
However the government will choose to defend the BOL they are confident it will withstand any challenge and even welcome it.
“I truly believe that the organic law that we passed can stand the test of constitutionality after careful scrutiny done by the Senate’s best legal minds and with consultations done with eminent constitutionalists and former Chief Justices and justices of the Supreme Court,” said Senate Majority Leader Juan Miguel Zubiri.
Asked if he thought the Supreme Court might strike down the BOL, Sotto said: “Let’s just say, I’m confident that we were able to address most, if not all, of the constitutional issues.”
Sen. Aquilino Pimentel III welcomed the suit against the BOL, saying the petitioner raised valid questions.
“The legislature exerted best efforts to pass a constitutionally compliant [BOL]. However, the Sulu suit is welcome because Sulu leaders presented legitimate constitutional questions even during the deliberations stage,” he said.
Presidential Adviser on the Peace Process Jesus Dureza expressed optimism that the BOL could withstand the constitutionality test.
“I am confident this petition will not stop on its tracks a new beginning for the Bangsamoro,” he said in a statement.
Sen. Pimentel's response is interesting. He admits that valid constitutional questions are being raised and that these questions were even introduced "during the deliberations stage." A very different response was given by Representatives from Mindanao.
Two lawmakers from Mindanao have lamented how a fellow Moro, “who never lifted a finger to work for peace and unity,” has sought to nullify the Bangsamoro Organic Law (BOL) before the Supreme Court (SC).
Anak Mindanao Reps. Amihilda Sangcopan and Makmod Mending said they were “saddened” by Tan’s move.
“While we recognize the right of every citizen to contest the state’s laws and policies through the courts, we are surprised that a fellow Moro, who never lifted a finger to work for peace and unity, would seek to nullify BOL before the high court,” the two said in a statement Tuesday night.
They said their party-list had been at the forefront of efforts to pass a Bangsamoro law acceptable to the majority of national legislators, stressing that the struggle for this has been “long, difficult, and painful for us and other Moro leaders.”
Public hearings were conducted in Mindanao before the law was approved by the two chambers of Congress.
Sangcopan and Mending said Tan had every opportunity to voice out his opposition to this legislation and suggest revisions during those days or even through mass media.
The two nonetheless expressed confidence that the landmark legislation would “stand the test of Constitutionality,” adding that “premium should be placed more in the pursuit of peace and unity.”
“It is now time for Mindanaoans to stand up and show this nation that the Bangsamoro Organic Law transcends politics of patronage and that we will unite against those who sabotage peace for their own interests,” the lawmakers said.
Sen. Pimentel says Tan raised these issues during legislative hearings. These two reps from Mindanao claim Tan "never lifted a finger to work of peace and unity" in Mindanao. Sen. Pimentel says valid constitutional issues were being raised. These two representatives, instead of discussing the legal issues raised, make an appeal to cultural and racial unity.
"We are surprised that a fellow Moro, who never lifted a finger to work for peace and unity, would seek to nullify BOL before the high court."
Should Tan, as a Moro, disregard the law and go with the herd in agreeing with everything that is "pro-Moro"? Is the BOL even "pro-Moro"? There is already an ARMM which is a region just for the Moros. The BOL will cover the same geographical area as the ARMM. So why does the ARMM need to be replaced? It doesn't. The BOL is an agreement not with the Moros but with the MILF. It is the MILF who entered into a ceasefire and peace agreement in hopes of getting a BAR. It is the MILF who will run the BAR government. It the MILF and not the Moros who benefit from this law.
It is interesting that the representative filing this challenge is from Sulu. Guess who else is from Sulu.
Could it be that Rep. Tan filed his challenge to the BOL not because of the constitutional issues it raises but because the BOL will disenfranchise Abu Sayyaf by giving control of the region to the MILF? Could it be that Rep. Tan is working on behalf of Abu Sayyaf? That he was directed by them or someone beholden to them to file this challenge?
It is probably not the case that Tan is working in cahoots with Abu Sayyaf whether knowingly or unknowingly and I do not want to give that impression he is. But it is 100% true the the BOL and BAR benefits only the MILF and no one else.
Duterte has reaffirmed his willingness to forge peace in Mindanao, recognizing the separate rebellions waged by Misuari’s group and the Moro Islamic Liberation Front (MILF).
“We have a strife going on. There are two revolutions and that is the MI and MN. Now, we are trying really to forge peace with you. As — MI, I hope the plebiscite would push through and for the yes votes to win so that I can deal again with the… And then Misuari, we will talk but we will no longer join that. When the time comes, let us talk,” Duterte said.
“I pray that the BOL will push through. Inshallah. And after that I will deal with Misuari,” he added.
In July, President Duterte signed Republic Act 11054 or the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) to address the Bangsamoro’s aspiration for genuine autonomy.
The law, which seeks to create a new political entity to replace the Autonomous Region in Muslim Mindanao (ARMM), forms part of the peace agreement forged by the government with the MILF, the breakaway faction of the MNLF.
Last month, the President said his government was working out a “happy compromise for all” amid its peace initiatives with Misuari.
The President admitted that he could not give everything to Misuari but assured him that he could deliver a majority of the peace efforts in the south. “I may not be able to give you everything but in a scale of one to 10, if I can deliver about six, that would be good,” he said.
Duterte previously said he could give Misuari “autonomy” pending moves to shift to the federal form of government. A draft federal Charter has been proposed by a commission created by the President. Congress has also started discussions on proposed amendments to the Constitution to make way for federal government.
The most important sentence in that article is this one:
The law, which seeks to create a new political entity to replace the Autonomous Region in Muslim Mindanao (ARMM), forms part of the peace agreement forged by the government with the MILF, the breakaway faction of the MNLF.
The BOL "forms part of the peace agreement" with MILF. It was not written in the interests of Moros but of the MILF terrorist organisation.
There are more than two ongoing rebellions. For every armed group there is a separate rebellion. With the BIFF, Abu Sayyaf, the NPA, and ISIS that is at least 4 separate rebellions. Will Duterte forge peace with those groups as well? Will their leaders be invited to Malacañang as Misuari was? What kind of autonomy can Duterte even promise the MNLF when the BOL has created an autonomous region already?
The groundbreaking of Marawi reconstruction has finally begun.
The groundbreaking means the government can now begin work on the first 5 components of the 22-component rehabilitation plan.
Millar explained this onstage during the groundbreaking ceremony.
The first 5 components are:
- Road infrastructure and underground facilities (telecommunication, electrical wiring will be underground)
- Acquisition of road right of way
- Master development plan with feasibility study
The very first step after the ceremony is the debris management for "section 1," an area with 411 houses, he said.
Debris management is necessary to ensure the MAA is cleared of any dangerous objects, including explosives, so that construction can proceed safely.
After the first 5 components, residents of Marawi can expect the construction of new structures, such as new barangay halls with madrasahs in all 24 affected barangays, a grand central market, and a Marawi museum and "school of living tradition."
The
city has been broken up into sections and now debris clearing in section one has being
with a goal to finish by January 2019. Marawi residents still cannot return to their houses but may be able to do so by 2020.
"Once we have completed the debris management and road expansion in sector 1, 2 and 3 and everything is clear for the residents to construct their houses, then we will allow you to start building your houses. And in our estimate it will be in the middle of 2020," he said.
If the constant postponement of the groundbreaking is any indication none of these goals will be met on time.
Another goal for 2019 has been set, this one by the AFP.
DND Secretary Delfin Lorenzana said in his keynote speech at the agency’s 79th founding anniversary on Wednesday that their recent “victories” are leading to the end of communist insurgency by second quarter of 2019.
“With the influx of NPA (New People’s Army) surrenderers responding to the President’s sincere call for peace, the inter-agency Task Force Balik-Loob was created last April 2018 to centralize the government’s reintegration efforts for former rebels and oversee the enhanced comprehensive local integration program or e-clip,” Lorenzana noted.
He then mentioned that as of September 2018, there were 3,443 rebel returnees based on records of the AFP Peace and Development Office.
Second quarter of 2019 is April, May, or June. CPP leader Joma Sison does not think the AFP can do it.
“He is a big liar and he does not know how to do arithmetic,” Sison said in a statement on Thursday as he refuted Lorenzana’s figures of the NPA’s supposedly dwindling strength.
On Wednesday, Lorenzana said the recent victories of government forces against the insurgents would lead “to the end of the communist insurgency by the second quarter of 2019.”
According to him, a total of 3,443 rebels have surrendered as of September 2018, based on records of the Armed Forces of the Philippines’ Peace and Development Office.
Lorenzana also said 1,162 insurgents had either been arrested or killed by military.
The military also reported clearing 210 barangays of NPA influence and the dismantling of three guerrilla fronts.
In debunking the military’ss figures, Sison recalled that not long ago, Lorenzana had claimed that “the NPA had the strength of only 4,000 to 5,000, in contrast to the previous false claim of the [Armed Forces of the Philippines] that the NPA had the strength of only 2,000 to 4,000.”
“Now, he claims that 3,443 NPA fighters have already surrendered and that 1,162 have been either arrested or killed. These amount to the total figure of 4,605,” Sison said.
“Instead of claiming that the AFP has already fully or nearly decimated the NPA, he makes the false prediction that his objective or pipe dream will be fulfilled in the second quarter of 2019,” he added.
Sison claimed that the total number of armed NPA rebels “are far beyond 5,000 in more than 110 guerrilla fronts in 73 provinces, and are intact, alive and kicking.”
Alive and kicking? So where is the revolution? Where is the constant bloodshed which will lead to a true people's government? More like dead and inert than alive and kicking! Even Duterte appears fed up with Sison telling him to come back home and fight like a man! Or rather like the revolutionary he pretends to be.
Duterte slammed the communist leader for allegedly making up stories, but in reality, Sison has no capability which he can brag of.
"He likes to make up stories so much but has no skill to boast of. But then he keeps on espousing revolution while he’s there in The Netherlands, not here. If you are the leader of a cause, go home and go to war here. Why don’t you just go home?" Duterte said in his speech Cagayan De Oro on Wednesday.
"You would even brag. Ako? I have the Air Force. Airplanes? We have plenty. I have the Navy. Do you know how many ships I have? Ah mamili ka lang. Army? Ah susmaryosep. Navy, I have plenty of ships," Duterte added.
Needless to say there will be no war anytime soon nor will there be any resumption of peace talks anytime soon.
“Communists, Jose Ma. Sison, give me a good reason to go back to the bargaining table. If there is none, or if it’s just a repeat of what we have discussed earlier, then that will not suffice,” he said during the birthday celebration of former Foreign Secretary Alan Peter Cayetano in Davao City on Sunday night.
Any peace talks will be the same old rehash. The communists have a document of reforms they want signed and passed within a certain timeframe. None of the reforms especially in the short timeframes given are manageable. Instead Duterte is going back to where he was one year ago, declaring the CPP-NPA a terrorist group.
President Rodrigo Duterte has ordered the Department of Justice (DOJ) to pursue its case in declaring the Communist Party of the Philippines-New People’s Army (CPP-NPA) as a terrorist organization.
Duterte gave the directive on Tuesday as he convened the Executive Committee of the National Security Council (EC-NSC) at the Ebuen Airbase in Lapu-Lapu City, Cebu.
Presidential Spokesperson Salvador Panelo said Duterte and select government officials “reviewed and discussed issues and concerns which disturb our national security.”
Among the matters discussed, Panelo said, were the “recent anarchical activities” of the communist rebels.
Panelo said the possible extension of martial law in Mindanao was also tackled during the meeting in Cebu.
“Taking into account the lingering terrorist and communist threats, the EC-NSC committed to put into study the possible lifting or further extension of martial law therein,” he said.
Factors that were initially considered by the committee, he said, “were the outlook of our brothers and sisters in Mindanao, an overwhelming majority of whom support martial law in view of the present situation they are in, the facilitation it will bring in rehabilitating Marawi and regaining normalcy in Mindanao, and indispensable constitutional and legal factors.”
Why hasn't this CPP-NPA been officially declared a terrorist group yet? Why has the DOJ have been dragging their heels all year long? Because of the peace talks which were revived for about 3 months?
And here we are again with another martial law extension being considered while no constitutionally valid factors (rebellion, invasion, the public safety requires it) are being factored in at all. Instead we have the fee-fees of the Mindanaoans being looked at. Who cares if they want it? Again their desire for martial law is just an admission that their island is an area of violence and chaos.
"An overwhelming majority of whom support marital law in view of the present situation they are in, the facilitation it will bringing rehabilitating Marawi and regaining normalcy in Mindanao."
How will the suspension of habeas corpus and AFP checkpoints facilitate the rebuilding of Marawi when only now has the first stage of rebuilding commenced and only after many delays which were all administrative in nature? And what is "normalcy in Mindanao"? For decades that place has been a land of blood! There has never been "normalcy in Mindanao" if by normalcy one means peace. Warlords, Islamic terrorists, and communist terrorists have all ruled the region for decades!
It truly is a mess down there. I suppose if they want martial law then give it to them full blast!
