February 20, 2013

Mr. George Wu
PAcita Complex, San Pedro, Laguna
Dear Mr. Wu,
I am impressed with your interest on the Bangsamoro Framework
Agreement. Indeed, the issue is worth discussing thus understanding its main
features will give the both of us a better idea of what it is all about.
Let me give my reply on each of your question.
1. What is the Bangsamoro Framework Agreement?
The Bangsamoro Framework Agreement (Framework) is a
preliminary peace agreement signed by the Philippine government and the
Moro Internationa Liberation Front (MILF). The Framework creates an
autonomous political entity named Bangsamoro. It is actually an amendment
to Republic Act 6734, the act which created the ARMM which was described
by President Aquino as a failed experiment.
Based on the final draft of the framework agreement, the government of the
Bangsamoro will have a ministerial form of government replacing the current
system of government. Under this form of government, the people will elect
their representatives to the Assembly which will elect its leader. The elected
leader is called the chief minister.
2. What are the advantages and disadvantages of the Framework?
As claimed by the proponents of the Framework including President
Aquino and Philippine negotiator with MILF, Marivic Leonon, the following
are the advantages of the Framework.
1. The Framework is an indication that hopes for peace is still alive. The
people who are in favour of this historic framework believes that the
seeds of peace have finally been planted and that soon we will sow the
fruits of it.
2. Considering that the framework will seal a final and enduring peace, it
will open more areas for development thereby opening many business
opportunities on the area and create more jobs.
As to the Frameworks disadvantage, the oppositors of the Framework has
a common concern and that is the Frameworks constitutionality.

In the opinion section of the Daily Inquirer written by Atty. Yasay last
month entitled A Critique of the Framework Agreement on Bangsamoro, he
pointed out that the major disconcerting feature of the Framework is that it
conveniently fails to uphold the Constitution and overlooks inviolate
provisions on sovereignty and territorially integrity.
I completely agree with him.
Let me present the circumstances supporting this claim.
a. Under the Framework, the jurisdiction of Islamic Shariah law
will be expanded over much of the new political entity. This is
certainly a problem as certain aspects of the Shariah law is in
conflict with the Philippine Constitution. For example, under
the Shariah law, the punishment of a person convicted of
murder will depend on the victim of the heirs of the victim as the
heir/s may either choose to forgive the killer or have him
punished with the same death as the victim if intentionally
committed a clear violation of ones constitutional rights.
b. The Framework provides that law enforcement shall be handled
by a Bangsamoro police force. AFP troops will no longer have
enforcement powers in that area but will be there solely to
defend the territory against external threats. I wonder why there
is need for such limitations.
c. The Framework also provides that the Central Governemnt will
have its reserved powers while the Bangsamoro government will
have its exclusive powers.
This only shows absolute
independence of this new political entity contrary to what was
provided under the present Constitution.
d. There is no express statement in the Framework that the
Bangsamoro recognizes and respect the 1987 Constitution and
will adhere by it. On the contrary, the Framework gives more
recognition to the agreement of the parties by saying that The
Bangsamoro Law shall be consistent with the agreement of the
parties.
Considering the foregoing, it seems that the Framework seeks
constitutional amendments to confirm its legality instead of the Framework
conforming to the Constitution. With the Framework in place, is it proper to
amend the constitution to give way for this?
By this time, only the parameters and objectives are discussed and
approved. A basic law will be drafted by the transition commission and will go
through the full process of legislation in Congress. I just pray that before
signing the final agreement, the concern of the majority will be taken into
consideration otherwise the same will be another failed experiment just like
how the President described the ARMM.

I hope I was able to address your concerns.

Very truly yours,
CAPADOCIA-BASAN Law Office
Atty. Emelita C. Basan
Partner