In partial fulfillment of the course requirements for :

Law on Public Corporations (Law 316)

CONSTITUTIONALITY OF THE CREATION OF THE

BANGSAMORO AUTONOMOUS REGION IN MUSLIM
MINDANAO (BARMM)

By:

Jean Phillippe J. Honoridez

Student

Atty. King Anthony Perez

Professor
CONSTITUTIONALITY OF THE CREATION OF THE BANGSAMORO AUTONOMOUS
REGION IN MUSLIM MINDANAO (BARMM)

Historical Background:

On July 27, 2018, President Rodrigo Roa Duterte signed into law Republic Act No.
11054 or the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao
(OLBARMM). This was signed as a result of numerous efforts of peace negotiations.

For years, the Philippine government and the rebel groups of Mindanao have been in
conflict because Mindanao had always wanted to have an independent Muslim region.
University of the Philippines Islamic law and politics professor Jamel Cayamodin said
the Bangsamoro law is designed to address the grievances, sentiments, and demands
of Muslims in the region. "When you talk about the BBL, it's the advocacy of every
Muslim…For the past years, since martial law, the Muslims have been asking for
self-determination," Cayamodin said.1

Issue:

Whether the creation of the BARMM is constitutional? (Territorial Integrity)

Ratio:

I. Provisions that run counter to the 1987 Philippine Constitution

Sec. 2, Article XII of the Constitution provides that the exploration, development, and
utilization of natural resources shall be under the full control and supervision of
the State.

However, certain provisions of the OLBARMM run counter to this provision. To wit:

Section 8. Article XIII. Natural Resources, Nature Reserves, and Protected Areas. -
Subject to the provisions of the Constitution, the Bangsamoro Government shall have
the power, authority, and right to explore , develop, and utilize the natural
resources, including surface and subsurface rights, inland waters, coastal waters, and
renewable and nonrenewable resources in the Bangsamoro Autonomous Region.

Section 10. Article XIII. Exploration, Development, and Utilization of Fossil Fuels and
Uranium. - Subject to the provisions of the Constitution and national laws, the
Bangsamoro Government and the National Government shall jointly exercise the
power to grant rights, privileges, and concessions over the exploration,
development, and utilization of uranium and fossil fuels such as petroleum, natural gas,
and coal in the territorial jurisdiction of the Bangsamoro.

https://cnnphilippines.com/news/2018/07/24/bangsamoro-organic-law-primer-everything-you-need-to-kno
w-bbl.html
It is clear from these provisions that the BOL grants the Bangsamoro Government the
power, authority, and right to explore, develop and utilize the natural resources. It runs
counter to the constitutional mandate that the exploration, development, and utilization
of natural resources be under the full control of the State.

Section 11. Article XIII. Preferential Rights of Bona Fide Residents of the Bangsamoro
Autonomous Region. - Qualified citizens who are bona fide residents of the
Bangsamoro Autonomous Region, all other conditions being equal, shall have
preferential rights over the exploration, development, and utilization of natural
resources, including uranium and fossil fuels such as petroleum, natural gas, and coal
within the territorial jurisdiction of the Bangsamoro. Existing rights over the exploration,
development and utilization of natural resources shall be respected until the expiration of
the corresponding leases, permits, franchises, or concessions, unless legally
terminated.

Giving preferential rights as to which residents can explore, develop, and utilize the
natural resources is tantamount to the disruption of the territorial integrity which our
Constitution readily protects.

However, Sec 3. Art. XVIII of the OLBARMM provides for a Separability Clause which
states that, The provisions of this Organic Law are deemed separate. If, for any reason,
any section or provision of this Organic Law is declared unconstitutional, other
sections or provisions, which are not affected by such declaration, shall continue
to be in full force and effect.

II. Territorial Integrity v. Self-determination

Sec. 7, Art. 2 of the Constitution states that, the State shall pursue an independent
foreign policy. In its relations with other states the paramount consideration shall be
national sovereignty, territorial integrity, national interest, and the right to
self-determination.

The wordings of the law were arranged in such a way that territorial integrity comes first
before the right to self-determination.

However, the right to self-determination emanates from the people, the

sovereignty.

Sec. 1, Art. 2 of the Constitution states that, the Philippines is a democratic and
republican State. Sovereignty resides in the people and all government authority
emanates from them.

The Articles and Sections of the Constitution were arranged hierarchically. Therefore,
Sovereignty must come first before Territorial Integrity.
 III. Creation of Autonomous Region : Constitutional Requirements

Sec.18, Article X of the Constitution states that, 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.

The Constitution provides for the method in which an autonomous region may be
created. First, there must be an organic act enacted by congress; Second, that there
must be a plebiscite called for the creation of an autonomous region.

Since both requisites are present, the creation of the autonomous region was well within
the boundaries of the law.

Conclusion:

The creation of the OLBARMM is constitutional. Although it suffers some

constitutional infirmities, the Separability Clause of the OLBARMM separates those
unconstitutional provisions to those that were within the laws ab initio.

My recommendation is that some provisions of the OLBARMM should be

corrected in such a way that it would adhere to the Constitution.

JEAN PHILLIPPE J. HONORIDEZ

Public Corporation Student

18536448