1

On the May 05 2014 press conference, Palace Communications Secretary Herminio Coloma
Jr., had made the declaration: Bangsamoro Basic Law is Malacaang's "high priority" and
that the same will crafted, presented, deliberated and enacted following the mandate of
the Constitution.
Following the constitutional requirements on deliberations by, and majority votes of, the
members of the legislative department, the proposed BBL will be passed, enacted and will
be submitted to the President for his signature.
Under the auspices of stronger and well balanced autonomy and with purpose of replacing
the current Autonomous Region of Muslim Mindanao, the Bangsamoro will have the
necessary powers to run its own government, including the powers necessary for taxation,
availment of funds and the creation of wealth, and sharing of revenues from the utilization,
development and exploitation of natural resources within its territory.
Apparently, the primary purpose of its creation creates several constitutional issues and
fact is: considerable numbers of the stakeholders are not fully convinced about its
constitutionality.
Topic that is prevalent in the circle of discussions is the two schools of thought in
appreciating the Bangsamoro Basic Law. As numerously discussed before the media (print
or live broadcast), the constitutional issues of the Bangsamoro Basic Law are centered
whether the Constitution should be read broadly or restrictively? This issue had lead to the
question on the application of the concept of "asymmetrical relationship" between the
Bangsamoro and the central government and as anticipated, contradicting theories had
been espoused by legal luminaries.
Hearing from discussions, quite contentious is the issues raised by former Supreme Court
Justice Vicente Mendoza. He argued: It is the asymmetric relation qualification that waters
down the President's general supervision. This can make the strict enforcement of national
laws in the Bangsamoro difficult to secure. The right to self-determination cannot be used
to justify this kind of relationship between the Bangsamoro government and the central
government.
On the contrary, the panel defines "asymmetric relationship" as "implying a special status of
the Bangsamoro vis-a-vis the central government that is different from that of local
governments and administrative regions; quite similar to the special and distinct status of
the Cordillera Autonomous Region in Luzon. In support, former Supreme Court Justice Adolf
Azcuna opined that the the asymmetric relationship is an attempt to reverse the balance
hence, the provision on transitional justice allowing the Bangsamoro to chart their own
course.

Clearly, my take would be that the degree of asymmetric relationship between the national
government and the Bangsamoro entity must be properly defined in order to pass the
scrutiny of the Supreme Court and, this can be done by defining in the Bangsamoro Basic
Law the term asymmetric relationship.
Unless this definition would be clearly provided in the Bangsamoro Basic Law, in the
manner and within the parameters set by the Constitution, the constitutionality of the BBL
will always be in the balance; the BBL would be placed in a situation that any doubt against
the Constitution will be resolved against it.
With a clear cut definition that will help championed the universally recognized right to selfdetermination thereby allowing the Bangsamoro to chart its own courses on matter
pertaining to its local and internal affairs as well as on the conduct of its official functions,
the issue on constitutionality would be resolved favoring the act of the government thus,
favoring the BBL.
Another issue is on government expenditures and voucher. Constitution mandates only the
Commission on Audit-National will handle the monitoring of government expenditures and
vouchers.
As a matter of fact, the Constitution specifically provides that all vouchers will go to the
Commission on Audit-National and reading from the terms of the Bangsamoro Basic Law
points an obvious contradictions -- the Bangsamoro COA will have the power, authority
and duty to examine, audit and settle all accounts pertaining to the revenue and receipts of,
and expenditures and uses of funds and property, owned or held in trust by, or pertaining
to the public funds utilized by the Bangsamoro. Again, this must be clearly defined and
reconciled for this will be an issue on the constitutionality of the Bangsamoro Basic Law.
Lastly, the issue on consistency had been raised. If ones right had be properly secured and
defined, what would prevent the other (in reference to lumads) to insist for the same
resolved or consideration? This might have escape the table of discussion but history
requires that this be addressed with much circumspect.
Ultimately, these are legal questions that can only be defined and resolved by our Supreme
Court; duty sacredly bestowed upon them by the 1987 Constitution.