Legal Memorandum - Issue on RA 9997 (1)

7/27/2019 Legal Memorandum - Issue on RA 9997 (1)

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Republic of the Philippines

Supreme Court

City of Manila

SYLVIA TORRES VILLALOBOS,

Petitioner

- versus -

HON. MEHOL K. SADAIN in his capacity as Secretary/ Chief

Executive Officer of National Commission on Muslim Filipinos.

HON.TERESITA QUINTOS-DELES in her capacity as Presidential

Advisor on the Peace Process.Respondents

Memorandum

Sylvia T. Villalobos, through the undersigned city prosecutor, before this

Honorable Court, most respectfully submits and presents this Memorandum:

Prefatory Statement

The separation of church and state is one of the most important legal and

constitutional principles in the Philippines. Unfortunately, it is also a highly

debated principle. Some people advocate strict separation, some advocate

accommodation, and others argue that church and state should not be

separated at all. Naturally, there are regular news stories dealing with the

general issues surrounding the separation of church and state: debates,

principles, speeches, lawsuits, and more.

This Legal Memorandum assails in the most appropriate terms applicable

the drafted provision in our Constitution. The petitioner humbly comes

before this Honorable Court and most respectfully prays that its Honorable

Members, acting collectively as the third great branch of the Philippine

Government, exercise their constitutional duty to justifiably check the

certain provisions, mainly RA 9997 dated July 27, 2009 creating the

National Commission on Muslim Filipinos specifically in Article 11 Section

8 para. Q under Powers and Functions of NCMF and in Article 11 Section

15,16,17 it appears to violates a constitutional principle on the Separation ofChurch and State ,Article 11 Section 6 of the 1987 Philippine Constitution in

connection with the creation of NCMF for its constitutionality.

Republic Act also known as RA 9997dated July 27, 2009. CREATING THE

NATIONAL COMMISSION ON MUSLIM FILIPINOS DEFINING ITS

POWERS, FUNCTIONS, AND RESPONSIBILITIES AND

APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

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The RA 9997 materially provides:

In Article II Section 8 paragraph q under Powers and Functions of NCMF

(q) Administer all programs, projects and activities, formulate the necessary

rules and regulations, and coordinate with pertinent offices to ensure the

success of the annual Hajj (pilgrimage) to Mecca, Kingdom of Saudi Arabia;

(r) Promote the development of a Hajj Assistance Fund that shall be created

from contributions of Muslim Filipinos and other donors which shall be used

to support the financial needs of deserving Muslim Filipinos intending to

participate in the annual Hajj;

Article II Section 15, 16, 17

The Executive Director shall be appointed by the President and shall enjoy

security of tenure and may only be removed for cause in accordance withlaw.

Section 15. Hajj Attach. - The President shall appoint a Hajj Attach from

among the three (3) recommendees of the Commission within fifteen (15)

days from the submission of such recommendees by the Commission. The

Hajj Attach shall coordinate with the Ministry of Hajj of the Kingdom of

Saudi Arabia on all matters pertaining to the conduct of the annual Hajj.

He/She shall be an academic degree holder and must be able to write and

speak fluently the Arabic language. He/She shall hold office in the Kingdom

of Saudi Arabia and shall enjoy the same rank, salary, and privileges as

those of Attach of the national government.

Section 16. Amirul Hajj. - The President shall appoint the Secretary of the

Commission as the Amirul Hajj who shall serve as the representative of the

President and as the head of the Muslim Filipino pilgrims who will attend

the annual Hajj.

Section 17. Change of Pilgrim's Name. - The Commission shall authenticate

the certification which is issued by the Hajj Attach and the Ministry of Hajjof the Kingdom of Saudi Arabia and which provides a Muslim name to a

pilgrim. The authentication issued by the Commission, which shall contain

both the pilgrim's registered name in the Philippine Civil Registry and

his/her newly-issued Muslim name, shall then be legally recognized by the

national government as valid for all intents and purposes.

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This petition which prays for the declaration of the unconstitutionality of the

certain provision of Republic Act 9997 has been filed before the courts and

was ever an issue due to its unconstitutionality.

There are US Supreme Court decisions that are held in high esteem by the

Philippine high court.

For a law or policy to be religiously neutral, the Supreme Court will

consider:

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1. Whether the policy has secular purpose;

2. Whether the primary effect the does not advance or inhibit

legislation; and

3. Whether the policy creates an excessive entanglement between

government and religion.

Despite passing remarkable laws uplifting the status and rights of ourMuslims brothers and sisters community, there are still provisions of our law that

threatens their rights. Thus, I hereby assailArticle II Section 8 paragraph q and

Article II Section 15, 16,17 of Republic Act 9997 .

Nature of the Petition

This petition is filed pursuant to Article 2 Section 6 of the 1987 Constitution

of the Philippines clearly states that The separation of Church & State shall

be INVIOLABLE I humbly pray that this Honorable Court determine

whether or not there is an issue of unconstitutionality on the assailed

provision of RA 9997.

Parties

The Petitioner is Sylvia T. Villalobos. She can be served pleadings and

processes at #920 Magtoto St, Mandaluyong City. She is filing this suit as a

taxpayer, a student of law, most importantly, as a CITIZEN of the Republic

of the Philippines.

Respondents are:

HON. MEHOL K. SADAIN in his capacity as Secretary/ Chief Executive

Officer of National Commission on Muslim Filipinos. He can be served at

the 79 Jocfer Annex Bldg. Commonwealth Avenue, Quezon City. He is a

Presidential Appointee of President Benigno Simeon Aquino III.

HON.TERESITA QUINTOS-DELES in her capacity as Presidential

Advisor on the Peace Process - . She can be served at The Office of the

Presidential Adviser on the Peace Process (OPAPP) is mandated to oversee,

coordinate, and integrate the implementation of the comprehensive peace

process.

BASIS FOR TAKING COGNIZANCE OF THIS PETITION

LEGAL STANDING OF THE PETITIONER

This instant petition is praying for the declaration of the unconstitutionality

of the assailed Article II Section 8 paragraph q and Article II Section 15, 16,

17 of Republic Act 9997 on the ground that it is in contravention with

Article 11 Section 6 of the 1987 Philippine Constitution

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As a taxpayer, a student of law and a law-abiding citizen of the Philippines,

he is making this petition with a strong conviction that the assailed specific

provisions of RA 9997 be declared unconstitutional. The petitioner is not

submitting this petition for his own benefits rather for the benefits of the

Filipino citizens.

As a student of law, he is very much aware of theplight of Muslim minorities inthe Philippines. It is within his grounds that he must not be deaf and silent of its

unconstitutionality; instead, he is invoking his rights to apply what he have learned from

our Constitution and from the School of Law. In the near future, if privileged enough, he

will be passing all the learning that he learned to the next generation. And it will be ill-mannered if he will just neglect the call of justice, which is apparently, a contradiction of

his purpose of pursuing the degree of law.

Therefore, the petitioner has a legal standing to assail the said article.

"Locus standi or legal standing or has been defined as a personal and

substantial interest in the case such that the party has sustained or will

sustain direct injury as a result of the governmental act that is being

challenged. The gist of the question of standing is whether a party alleges

such personal stake in the outcome of the controversy as to assure that

concrete adverseness which sharpens the presentation of issues upon which

the court depends for illumination of difficult constitutional questions."

STATEMENT OF THE FACTS

1. On July 27, 2009, Republic Act No. 9997 or most commonly known as

the. An act CREATING THE NATIONAL COMMISSION ON MUSLIM

FILIPINOS DEFINING ITS POWERS, FUNCTIONS, AND

RESPONSIBILITIES AND APPROPRIATING FUNDS THEREFOR AND

FOR OTHER PURPOSES took effect. It has been strictly followed andstrongly observed.

2. There is no doubt that the authors of the law had carefully constructed andjustly defines the provisions, powers and functions of the commission and their

corresponding roles. Until now, it is still in full effect and well respected. But, as time

passed by, some of its provisions are no longer just and thus, must be declaredunconstitutional.

3. The certain provisions of RA 9997 are as follows:

4. In Article II Section 8 paragraph q under Powers and Functions of NCMF

(q) Administer all programs, projects and activities, formulate the necessary

rules and regulations, and coordinate with pertinent offices to ensure the

success of the annual Hajj (pilgrimage) to Mecca, Kingdom of Saudi Arabia;

(r) Promote the development of a Hajj Assistance Fund that shall be created

from contributions of Muslim Filipinos and other donors which shall be used

to support the financial needs of deserving Muslim Filipinos intending to

participate in the annual Hajj;

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5. Article II Section 15, 16, 17

The Executive Director shall be appointed by the President and shall enjoy

security of tenure and may only be removed for cause in accordance with

law.

6. Sections 15. Hajj Attach. - The President shall appoint a Hajj Attach

from among the three (3) recommendees of the Commission within fifteen

(15) days from the submission of such recommendees by the Commission.

The Hajj Attachs shall coordinate with the Ministry of Hajj of the Kingdom

of Saudi Arabia on all matters pertaining to the conduct of the annual Hajj.

He/ She shall be an academic degree holder and must be able to write and

speak fluently the Arabic language. He/ She shall hold office in theKingdom of Saudi Arabia and shall enjoy the same rank, salary, and

privileges as those of Attach of the national government.

7. Section 16. Amirul Hajj. - The President shall appoint the Secretary of the

Commission as the Amirul Hajj who shall serve as the representative of the

President and as the head of the Muslim Filipino pilgrims who will attend

the annual Hajj.

8. Section 17. Change of Pilgrim's Name. - The Commission shall

authenticate the certification which is issued by the Hajj Attaches and the

Ministry of Hajj of the Kingdom of Saudi Arabia and which provides a

Muslim name to a pilgrim. The authentication issued by the Commission,

which shall contain both the pilgrim's registered name in the Philippine Civil

Registry and his/her newly-issued Muslim name, shall then be legally

recognized by the national government as valid for all intents and purposes.

9. This is indeed undoubtedly, contravenes with Section 6 Article 2 of the 1987Philippine Constitution. As stated:

The separation of Church & State shall be INVIOLABLE

10. not only that the unconstitutionality resides on the provisions, but also with the unfairadministration of the act.

Generally, these are highly impossible to be proven by the citizens of the

Philippines, on the ground that, the said act has given a license to officials of

NCMF to breed corruption especially on the issue of Hajj. This is the most

common mechanism.

GROUND FOR THE PETITION

The constitutional command, however, is more than just the prohibition of a

state religion. That is the minimal meaning. Jurisprudence has expanded it to

mean that the state may not pass laws which aid one religion, aid all

religions, or prefer one religion over another.

That is the separation part of the constitutional command. The other part is

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the free exercise clause. Both are embodied in one sentence which says:

No law shall be made respecting an establishment of religion, or

prohibiting the free exercise thereof.-Art. III, Section 5, 1987 Constitution.

One-half of the seats allocated to the party-list representatives shall be filled,

as provided by law, by selection or election from labor, peasant, urban poor,

Indigenous cultural communities, women, youth, and such other sectors as

may be provided by law, except the religious sector.-Art. VI, sec. 5(2).

DISCUSSIONS AND ARGUMENTS

That such a concern is being raised at all in a country that, for many years,

has been under the spell of Religious crisis on the issue of Muslims politicaland religious rights.

But placed in the expanded context of a country with a predominantly

Roman Catholic populace and a three hundred year-history under Spanish

ecclesiastical supremacy, the question is really directed at the proper place

of faith as a source of stability as well as renewal in the public square.

The issues the question draws unto it come into a sharper focus when

we realize that there too is a growing segment of the Filipino-Muslim

population drawn into entrusting to NCMF their hard earned money for the

pilgrimage also known as Hajj which the commission as well are also

beginning to flex their political muscle in the Philippine political landscape.

Muslims should be left to manage freely their own religious affairs and not

to be meddled by the government.

For example this scenario that happened in 2011 , about 1,182 Filipino hajj

pilgrims have to be sent home after they could not get a visa to allow them

to travel to Saudi for the Hajj. This case of another batch of stranded Filipino

hajj pilgrims has always happened in the past. Thanks to the NationalCommission on Muslim Filipinos (NCMF) which is primarily responsible to

coordinate all preparations for the annual Hajj.

The bottom line of the problem is this despite the 12,000 quotas allowed

by the Saudi government for the Philippines, the NCMF only requested for

4,000 quotas. Then, afterwards, it again requested for additional 1,000

quotas. It justified its new request to the unpredictable increase of Filipino

Muslims who had decided to register after the elections in Mindanao have

been cancelled, then the peso appreciated over the dollar, and then, the

relaxation of rules and procedures under Republic Act 9997 that created

NCMF.

NCMF has also put President Aquino in an embarrassing diplomatic

situation when it asked him to personally appeal to Saudi King for additional

hajj visas, but was likely turned down. The President seems to be clueless on

the real issue behind the apparent deliberate increase of registered Filipino

hajj pilgrims. He should know better why almost every year many supposed

pilgrims were unable to secure visa on time. It is not a simple case of a

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Documents

Legal Memorandum - Issue on RA 9997 (1)