Bangsamoro
Basic Law: Why Phil. Gov’t Is Wrong in Advocating It
Tragic is an understatement, if you will describe
the demise of 44 PNP-SAF members who were sent to Mindanao to serve a warrant
of arrest to two alleged terrorists is all over the news for the past week. You
can see different people posting all sorts reactions and emotions – ranging
from disbelief to sadness – on Facebook, Twitter, Instagram and other social
networks. Now, everyone is wondering: What really happened that day?
Last Sunday, January 25, 2015, three platoons of
the elite SAF (Special Action Force) of the PNP (Philippine National Police)
were sent to Tukanalipao in Mindanao – a place believed to be a guerilla
enclave. Their mission was to serve a warrant of rest to a high-ranking Jemah
Islamiya explosives expert Zulkifli Bin Hir aka Marwan and Basit Usman.
However, the SAF troops were intercepted by 300 members of the MILF
(Moro-Islamic Liberation Front) and BIFF (Bangsamoro Islamic Freedom Fighters).
What happened next will forever be etched in the minds of the remaining members
of the PNP-SAF unit, which was composed of 70 specially trained police
officers.
Outnumbered, the SAF officers attempted to retreat
and take cover, but were immediately engaged by BIFF militants. Our servicemen
were gunned down; corpses were even fired at with multiple bullets as if making
sure that they are really dead. Their ammunition, firearms and personal
belongings were taken away by the rebels, as ordered by a BIFF leader named
Ameril Umbra Kato. This was according to a statement given by a military
official who asked that his anonymity be kept.
All in all, 44 law enforcement agents were
brutally killed like wild animals.
Why the
Bangsamoro Basic Law – the law that started it all – should be stopped
In 2011, President Noynoy Aquino and his allies in
Congress enacted the Republic Act No. 10153, re-scheduling the elections in
ARMM (Autonomous Region in Muslim Mindanao) to synchronize with regular
national and local polls. Such act also paved the way for the President to have
power to appoint officers-in-charge, replacing outgoing ARMM officials. This
move was considered against the 1987 Constitution provisions stating that top
ARMM officials shall be elected. The Palace’s publicists branded this move by
President Aquino as necessary to make ARMM an exponent of peace and progress in
the region. Although several critics of the law, which were mostly leaders in
Muslim Mindanao, doubted the validity of the law and brought it before the
Supreme Court. Unfortunately, the tribunal upheld its validity.
However, Pres. Noynoy had a change of heart. He
made a 360-degree turn and described the ARMM a “failed experiment.” He then
directed the Office of the Presidential Adviser on the Peace Process to create
a “government peace panel” that will sit down with Moro Islamic Liberation
Front representatives. A “framework agreement” was signed by the panel on
October 2012, creating a Bangsamoro autonomous government over a much larger
area in Mindanao. Aquino appointed Professor Miriam Coronel Ferrer replacing
Leonen as he was appointed to the Supreme Court.
Executive Order N. 120 was issued by President
Aquino on December 17, 2012, creating a Transition Commission to create a draft
law to replace the organic act that governs ARMM. Later on, a draft was
submitted by the Transition Commission to the President. Changes were made to
some of its contents and then, it made its way to Congress where it is still
pending.
Constitutional Law experts question the validity
of the BBL. The BBL is considered a clandestine move to dismember the Republic,
according to former Solicitor General Estelito Mendoza while retired Supreme
Court Justice Vicente Mendoza believes five aspects of the BBL will not pass
constitutional scrutiny. Justice Mendoza also objected the use of the term
“territory” in the BBL, saying this is like a land independent from the
Republic of the Philippines. This is not like the provisions in the 1987
Constitution, which calls for “autonomous regions” in Muslim Mindanao and in
the Cordilleras. The term “ARMM” meets that constitutional mandate, but the
term “Bangsamoro territory” does not. In fact, it suggests more than just land
in the southern part of the country because based on its historic name, “Bangsamoro”
includes the oil and gas rich province of Palawan.
The BBL has provisions virtually allowing the
Bangsamoro to operate as an autonomous region in form, but as an independent
nation in substance. This means that if the BBL be finally enacted into law,
nothing could stop its “autonomous government” from establishing its own
militia, monetary system, police force and even passport and immigration
regulations. It seems that the Bangsamoro government will take on a
parliamentary type of government, which is an indication that it will not
operate within the 1987 Constitution.
Another reason that the BBL should not be enacted
into law is the strong possibility that Bangsamoro officials could stock on
loose high-powered weapons, which proliferate in the country, and use it to
declare independence from the Republic.
The preparation of the BBL has Malaysian
participation, which is something that invites suspicion. The ongoing conflict
between the Philippines and Malaysia over Sabah means that two countries
clearly are not in good terms. So why the participation? What experts fear is
that if anything happens, the parliamentary government of the Bangsamoro could
easily adjust to that of Malaysia.
Another possibility that many experts fear that
could come out of the enactment of the Bangsamoro Law is the increase in
terroristic activities not only in the Philippines, but also to the rest of the
world. As you can see, the Middle East and other parts of the world are still
struggling with terrorist groups like Al-Qaeda and ISIS (Islamic State of Iraq
and Syria). Intelligence reports reveal that many of the terrorists are being
trained in the southern part of the Philippines under the auspices of local
Muslim terror groups including MILF and BIFF. If the BBL is enforced, the
country will not be able to stop “autonomous region” from making their land a
training ground for all these terrorists.
Another compelling reason the BBL should be void
is that it is not the president’s responsibility to create a public office such
as the Transition Commission, but the Congress’. This means that the creation
of the Transition Commission is unconstitutional, following the ruling of the
Supreme Court in Biraogo v. Truth Commission.
So you see? The President urging the immediate
enactment of the BBL means he could be committing a culpable violation of the
Constitution.
The whole country is mourning about the massacre of 44 police commandos,
Now, do you want this to happen to our country?
