II. The Bangsamoro people will have their own exclusive police.

Another reason why the Bangsamoro Basic Law is unconstitutional is because the
Bangsamoro people will have their own police. According to Section 2 of Article XI of
the Bangsamoro Basic Law, The Bangsamaro police force shall be part of the Philippine
National Police. “Section 2. Bangsamoro Police. – There is hereby created a Bangsamoro
Police which shall be organized, maintained, supervised, and utilized for the primary
purpose of law enforcement and maintenance of peace and order in the Bangsamoro. It
shall be part of the Philippine National Police.” However, there is a discrepancy with
the role of the Bangsamoro police as it is affiliated with the Philippine National Police.
According to Section 12 of Article XI of the Bangsamoro Basic Law, “The Bangsamoro
Parliament is hereby authorized to enact laws to govern the Bangsamoro Police consistent
with this Basic Law.” This opposes section 2 of Article XI. This means that the
Bangsamoro police will be following the orders and the laws of the Bangsamoro
parliament, thus the Bangsamoro government having its own power over the Bangsamoro
police and the police not being able to one hundred percent be under the Philippine
National Police, which makes it unconstitutional.

Having their own police force, the BBL would be unconstitutional. Based on Article 16
Section 6 of the Constitution, the state should establish and maintain one police force that
is national in scope and civilian in character to be administered and controlled by a
National Police Commission (Napolcom). “SECTION 6. The State shall establish and
maintain one police force, which shall be national in scope and civilian in character, to
be administered and controlled by a national police commission. The authority of local
executives over the police units in their jurisdiction shall be provided by law.” With this
being said, the creation of the Bangsamoro police would contradict section 6 of Article
16 of the Constitution and would make this unconstitutional. Atty. Tomas stated that in
the Bangsamoro Basic Law, they propose to have their own set of uniforms, which will
go against the dress code of the PNP, “this shows that they are not under one form of
police, but they are their own form of police.” Now, according to Atty. Mary Ann
Arañas, Having a separate police under the Bangsamoro Basic Law may cause conflict
with our present national police force considering: training, SOPs (Standard operating
procedure/s), laws and morals, these factors must be dealt with. “ Another thing which
comes to mind is if in case of conflict between the Bangsamoro Police and the PNP,
which of these two will prevail? It is not impossible to have conflict between the two.”
(Arañas, 2015). Lastly, according to Atty. Arañas, who will provide firearms to the
Bangsamoro police? As it is, the Philippine government does not have enough firearms to
distribute to all of the Policemen that will be added to the force.

In Section 12 of Article XI of the Bangsamoro Basic Law, “The Bangsamoro Parliament

is hereby authorized to enact laws to govern the Bangsamoro Police consistent with this
Basic Law.” The enactment of laws to govern Bangsamoro Police is
unconstitutional. Section 21, Article 10 of our Constitution gives only to the National
Government (and to no one else) the responsibility of defending and securing the regions
of the Philippines. Article 10, Section 21 of the Constitution provides: “SECTION 21.
The preservation of peace and order within the regions shall be the responsibility of the
local police agencies which shall be organized, maintained, supervised, and utilized in
accordance with applicable laws. The defense and security of the regions shall be the
responsibility of the National Government.” According to Atty. Arañas, Since the BBL
intends to create a "shared governance" between the autonomous region and the National
Government, the solution is for the Philippine Government to adopt the
Bangsamoro Police law that will be enacted, as part of the laws of the Philippines. Then,
if such laws become part of our national law, then the National Government may fully
enforce it.
References:

(2015) (1st ed.).

Dalizon, A. (2015). Bangsamoro police should be consistent with Constitution -- PNP

gen.Journal.com.ph. Retrieved 17 September 2015, from
http://www.journal.com.ph/news/nation/bangsamoro-police-should-be-consistent-
with-constitution-pnp-gen

Gov.ph,. (2015). The Constitution of the Republic of the Philippines | Official Gazette of
the Republic of the Philippines. Retrieved 17 September 2015, from
http://www.gov.ph/constitutions/1987-constitution/#article-ii

Manilatimes.net,. (2015). House rejects Bangsamoro police | The Manila Times Online.
Retrieved 17 September 2015, from
http://www.manilatimes.net/breaking_news/house-rejects-bangsamoro-police/

Office of the Presidential Adviser on the Peace Process (OPAPP),. (2015). Bangsamoro
police not separate from PNP. Retrieved 17 September 2015, from
http://www.opapp.gov.ph/milf/news/bangsamoro-police-not-separate-pnp

Office of the Presidential Adviser on the Peace Process (OPAPP),. (2014). Bangsamoro
Police will be part of PNP -- Ferrer. Retrieved 17 September 2015, from
http://www.opapp.gov.ph/milf/news/bangsamoro-police-will-be-part-pnp-ferrer

philstar.com,. (2015). ‘Bangsamoro bill has constitutional flaws’. Retrieved 17

September 2015, from
http://www.philstar.com/headlines/2015/01/26/1416898/bangsamoro-bill-has-
constitutional-flaws

Interview with Attorney Tomas

Interview with Attorney Mary Ann Arañas