Professional Documents
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Bangsamoro
Congress will soon be formulating the law that will implement the desires
expressed in the Framework Agreement on the Bangsamoro for a
Bangsamoro government. Even before the debate goes to Congress, various
sectors are discussing what problems the implementation of the Framework
might encounter when face to face with the Constitution.
One question I have heard raised is whether the Constitution allows a
ministerial form of government. But why is the question being asked? I think it
is because the Bangsamoro government will be a local government and the
form of local government we are used to is the structure which consists of a
single executive and a legislative body. But the answer to the question being
raised should be found in what the current Constitution says.
The structure of local governments we are accustomed to consists of a single
executive, whether mayor or governor, and a legislative body. It is patterned
after the national government which has a president and Congress. But there
is nothing in the Constitution which prescribes that this pattern be followed for
local governments. What Article X says is 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.
What the provision says is that the structure of government shall consist of
the executive
department and legislative assembly, both of which shall be elective and
representative of the constituent political units. While these shall be elective
and representative of the constituent political units, it does not say what the
executive department should consist of, that is, whether the executive should
What will happen to these items found in the Framework when they reach
Congress for debate? The impression I am getting is that Congress wishes to
accommodate all these, within the limits of the Constitution of course. In the
rare instances when a departure from constitutional provisions may be seen
as an obstacle, the voices I am hearing from Congress indicate a willingness
to make the necessary adjustment to make the Constitution not an obstacle.
Judging from the voices from Congress and also from the Palace, we should
have a Bangsamoro Law in the not too distant future.