Molina, Marxolen C. Constitution 1JD B1 Atty. Ayson

Peace through Sovereignty and Autonomy is what the people of Bangsamoro wants, and through the efforts of its people and ethnic groups, our government through its Peace panel negotiators came up with the Comprehensive Agreement on the Bangsamoro (CAB) and later on a bill was passed which is called as the Bangsamoro Basic Law

As I have read the law and its provision, I have noticed that it seems to be in contrary to what our constitution states.

First, as far as I know, the commission, or the Transition Comission which drafted the agreement is unconstitutional, because, as I have read in our constitution there are no laws, or any provisions allowing the President or the Executive department, to create such public office, if it is deemed so they would be violating the doctrine on separation of powers which is our constitution.

Second, the said law, and its provision allows the Bangsamoro Government to keep seventy-five (75) percent of its taxes. It also allows to keep a large share of its revenue on their natural resources and some other revenues. It is fair that the Bangsamoro government need funds to ensure its security and development, but it will deprive our government its needs, because the burden will passed to the people of Luzon and Visayas, thus equality will be questioned

Third, sub-state is not allowed under the Constitution. Further, certain equivocal powers to the Bangsamoro seemingly impinge on national sovereignty, provisions that place the Bangsamoro government on equal footing with the national government.

Fourth, is by using the word “asymmetrical political relationship” in its preamble. “With the blessings of the Almighty,do hereby ordain and promulgate this Bangsamoro Basic Law, through the Congress of the Republic of the Philippines, as the basic law of the Bangsamoro that establishes the asymmetrical political relationship with the Central Government founded on the principles of subsidiarity and parity of esteem”

In Section 1. Article VI on Intergovernmental relationship it is said that, Asymmetric Relationship “…is the relationship between the Central Government and the Bangsamoro Government shall be asymmetric. This is reflective of the recognition of their Bangsamoro Identity, and their aspiration for self governance. This make it distinct from other regions and other Local Governments”

In Section. 3 Article VI General Supervision. “Consistent with the principle of autonomy and the asymmetric relation of the Central Government and the Bangsamoro

Molina, Marxolen C. Constitution 1JD B1 Atty. AysonGovernment, the President shall exercise general supervision over the Bangsamoro Government to ensure that laws are faithfully executed”

asymmetrical political relationship can be traced in many countries Australia, Brazil, Ethiopia, Germany, India, Mexico, Nigeria, Pakistan and Switzerland. FORUMFED an international governance organization said that “..asymmetry as one of several innovative trends in federalism, saying that there is increasing acceptance of the idea, particularly the variation, in the relationship of particular member units within a federation or a supranational organization as a means to facilitating political integration”

This association of asymmetric political relationships with federalism is needed to be resolved by the Supreme Court since the governmental structure envisioned by the 1987 Constitution is unitary and presidential, not federal.

Just the same, given that the concept of asymmetry in political relationship is somehow mentioned in a case law by the Supreme (Court League of Provinces of the Philippines v. the Department of Environment and Natural Resources, G.R.No. 175368, April 11, 2013) and while the said concept is not explicitly stated out in the Philippine Constitution, but studying how autonomous regions and local government units are organized and given powers, there appears to be asymmetry between them compared to the national or central government, and in practice, these types of relationships are usually associated with federalism, it is up to our Supreme Court to declare the said concept as not unconstitutional, given that all laws passed by Congress are presumed to be constitutionally valid.