HOUSE BILL NO. 4994
AN ACT PROVIDING FOR THE BASIC LAW FOR THE BANGSAMORO AND ABOLISHING THE AUTONOMOUS REGION IN MUSLIM MINDANAO, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 9054, ENTITLED “AN ACT TO STRENGTHEN AND EXPAND THE ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO,” AND REPUBLIC ACT NO. 6734, ENTITLED “AN ACT PROVIDING FOR AN ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO,” AND FOR OTHER PURPOSES
The Bangsamoro Basic Law, a product of the peace negotiations between the Philippine government and the Moro Islamic Liberation Front, will define the relations of the local government units, the Bangsamoro government and the central government.
The draft Bangsamoro Basic Law was submitted to Congress during formal ceremonies held in Malacañan Palace on September 10, 2014. Secretary Teresita Quintos Deles recognizes the event as a turning point in the nation’s quest for peace in Mindanao.
The purpose of the draft Basic Law is to establish the new Bangsamoro political entity and provide for its basic structure of government, in recognition of the aspirations of the Bangsamoro people. (Section 3)
Those who at the time of conquest and colonization were considered natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands including Palawan, and their spouses, and descendants. (Section 1)
A Philippine government entity, such as the Bangsamoro, is authorized to have its own flag under Section 44 of Republic Act No. 8491, otherwise known as the Flag and Heraldic Code of the Philippines.
The Bangsamoro territory is composed of the land mass, maritime, terrestrial, alluvial and aerial domain. Section 1 expressly states that the Bangsamoro territory remains part of the Philippines
Likewise, the draft Basic Law provides that the Bangsamoro shall respect and adhere to the Philippines’ international treaties and agreements. Thus, whatever power that the Bangsamoro may exercise over its territory must be consistent with and not contravene the country’s international obligations and commitments. (Article IV, Section 8)
The local government units that will comprise the Bangsamoro territory will be determined through the plebiscite for the ratification of this Basic Law (Article XV, Section 3).
The Bangsamoro has jurisdiction over waters that extend up to 12 nautical miles from the low-water mark of the coasts. This is referred to as the Bangsamoro waters – where the Bangsamoro Government is granted certain rights over the resources therein. (Section 5)
The draft Basic Law provides that the Bangsamoro Government will have a parliamentary form of government.
A parliamentary system is a form of government where the executive is formed by the legislature, i.e., the Chief Executive (who is the head of the executive) is elected by the legislature. Therefore, the Chief Executive is indirectly elected.
A democracy, is a system of government which derives its legitimacy from the people. Hence, eligible citizens participate, directly or indirectly, in the election of their representatives in government.
Under the draft Basic Law, the Bangsamoro Government is democratic because all members of Parliament will be elected as representatives of the Bangsamoro People. Consistent with the Constitution, both the executive and legislative in a parliamentary system shall be elective and representative of its constituent political units. (See Article VII)
References:
http://jlp-law.com/blog/bangsamoro-basic-law-house-bill-no-4994-full-text/
http://www.gov.ph/2014/09/10/q-and-a-the-draft-bangsamoro-basic-law/
by: Sharmaine Lorido
