Supreme Court asked to upheld Bangsamoro law

January 07, 2019

THE Supreme Court has been asked by a national organization of Muslims to uphold the legality of the Bangsamoro Organic Law (BOL).

In a 51-page answer-in-intervention, the Philippine Association of Islamic Accountants (PAIA) supported the Office of the Solicitor General in defending the constitutionality of the BOL and asked the SC to dismiss the petitions filed by the Sulu provincial government led by Gov. Abdusakur Tan II.

Joined by Commissioner Manuelito Luna of the Presidential Anti-Corruption Commission (PACC), PAIA led by its president Amanoding Esmail argued that the BOL or Republic Act 11054 does not violate section 18, Article X of the 1987 Constitution, which authorized only one Organic Act to establish the Autonomous Region in Muslim Mindanao (ARMM).

The group stressed that the Constitution allows Congress to repeal and amend the ARMM.

“It is our submission that autonomy in the Constitution is a juridical entity and it may undergo metamorphosis into its better form by congressional legislation in the name of general welfare or the welfare of the Bangsamoro,” read the pleading.

“No doubt, the autonomy provisions in the Constitution constitute the legal formulation of the resolution of the Bangsamoro struggle for self-determination, which is an issue of social justice that is rooted in their marginalisation by the majority population of the country for centuries. Against this social backdrop, there cannot be any one masterstroke to span the social gap and mend the relationship,” it pointed out.

PAIA also rebutted the argument of petitioners that the BOL violated the constitutional principle of separation of power and check and balance by creating a parliamentary form of government in the form of the Bangsamoro Autonomous Region.

“There is no definitive provision in the Constitution that says that the autonomous region in Muslim Mindanao should not be parliamentary,” the group explained.