PROVISIONS OF BANGSAMORO BASIC LAW THAT ARE UNCONSTITUTIONAL

1. Article III Territory

Section 3 - Contiguous Territory The areas which are
contiguous and outside the core territory may opt at anytime to be
part of the territory upon petition of at least ten percent (10%) of the
registered voters and approved by a majority of qualified votes cast
in a plebiscite.
Reason:
This is an unconstitutional because the Bangsamoro area is not
restricting its territorial area from widening therefore it could be an
invasion to the area of central government. Every time that a new
city, province, or adjacent area is joined to the Bangsamoro then it
continues from expanding its territorial area. A possible result of it, is
becoming the whole Mindanao part of Bangsamoro area and it can
even make the whole Philippine be part of the Bangsamoro
governance.


2. Article X Bangsamoro Justice System
Section 1 - Justice System in the Bangsamoro The justice
system in the Bangsamoro shall consist of Shariah law which shall
have supremacy and application over Muslims only; the traditional or
tribal justice system, for the indigenous peoples in the Bangsamoro;
the local courts; and alternative dispute resolution systems.
Reason:
This is unconstitutional because if Shariah law will govern then
it will be against the civil code of the Philippines and R.A 9346.
Muslims of Mindanao are still Filipinos therefore as Section 1, Article
III of 1987 Constitution provides: No person shall be deprived of
xxxx nor shall any person be denied the equal protection of
laws.
The Shariah law is exercising the following as a penalty or
punishment:
1) Amputation of right hand
2) Beheading
These are against to the law provided by the central
government therefore the shariah law must set its standards,
limitations and it must be according to the civil law.

3. Section 7 - Bangsamoro Shariah High Court There is hereby created a
Bangsamoro Shariah High Court. The Bangsamoro Shariah High Court shall
exercise exclusive original jurisdiction, whether or not in aid of its appellate
jurisdiction, over:
The decisions of the Shari'ah High Court shall be final and executory.
Reason:
This is unconstitutional because it deprives the Judicial
Department of the Central Government its power for judicial review
as provided in Section 1, Article VIII of 1987 Constitution of the
Philippines that provides: Judicial power includes the duty of the
courts of justice to settle actual controversies involving rights which
are legally demandable and enforceable, and to determine whether
or not there has been a grave abuse of discretion amounting to lack
or excess of jurisdiction on the part of any branch or instrumentality
of the Government. Therefore the decisions of the Shariah High
Court shall not be final and executory because such judgment is
appealable to the Supreme Court.
Prepared by: MUHAMMEDAN L. OBINAY