Whether, the territorial scope of the FAB is constitutional.

The constitutionality of the territorial scope of the Framework Agreement of

Bangsamoro shall be discussed by having the Memorandum of Agreement on
Ancestral Domain as its guidelines.
The territorial scope of the Bangsamoro MOAAD is unconstitutional! whereas
the territorial scope in the Framework Agreement of Bangsamoro is
constitutional. The MOA included municipalities! barangays and cities that are
not part of the Autonomous "egion of Muslim Mindanao #A"MM$. The
Framework Agreement #FAB$ made the necessary amendments that made the
FAB constitutional as to its territorial scope.
The Autonomous "egion in Muslim Mindanao #A"MM$ is composed of five
provinces and only one city% Basilan &rovince! included in '(() e*cept for the
city of +sabella, -anao del .ur &rovince, Maguindanao &rovince, .ulu &rovince,
Tawitawi &rovince, and Marawi /ity! -anao del .ur.
)
0*ecutive Order 1o. 23
moved Basilan from "egion +4 and Marawi /ity from "egion 4++ placing both
within "egion 45 A"MM.
'
The territorial scope of the MOA is composed of the present geographical area of
the A"MM. +t also includes the Municipalities of Baloi! Munai! 1unungan! &antar!
Tagoloan and Tangkal in the province of -anao del 1orte and all other barangays
in the Municipalities of 6abacan! /armen! Aleosan! &igkawayan! &ikit! and
Midsayap that voted for inclusion in the A"MM during the '(() plebescite. +t also
includes the cities of /otabato and +sabela and all other contiguous areas where
there is a resolution of the local government unit or a petition of at least ten
percent #)(7$ of the 8ualified voters in the area asking for the inclusion at least
two months prior to the conduct of the ratification of the Bangsamoro Basic -aw.
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The e*pansion of the area in the Bangsamoro MOA is in violation of the
/onstitution! that 9There shall be created autonomous regions in Muslim
Mindanao and in the /ordilleras consisting of provincies! cities! municipalities!
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.pecial +ssue on the Framework Agreement on the Bangsamoro #December '()'$
and geographical areas sharing common and distinctive historical and cultural
heritage! economic and social structures! and other relevant characteristics
within the framework of this /onstitution and the national sovereignty as well as
territorial integrity of the "epublic of the &hilippines.=
<
>herein which the FAB
patterned its territorial scope with what the /onstitution dictates.
As provided by the /onstitution! the general supervision over autonomous
regions shall be e*ercised by the &resident to ensure that laws are faithfully
e*ecuted.
?
+n December '((@! former &resident Arroyo had issued
Administrative Order #A.O.$ 1o. 'A2A delegating that supervision over the
A"MM to the Department of +nterior and -ocal Bovernment #D+-B$ in the
aftermath of the Maguindanao Massacre. Thus! then D+-B .ec. "onaldo &uno
was tasked to oversee the handling of the state of emergency in the &rovinces of
Maguindanao and .ultan 6udarat and the /ity of /otabato. A.O. 'A2A has not
been repealed by incumbent &resident A8uino and so that delegation of general
supervision over the A"MM was passed on to the late D+-B .ec. Cesse
"obredo. +t was then his task to oversee &resident A8uinoDs A"MM reform
initiative! his administrationDs rationale for ".A. )()?2.
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The /onstitution and the supporting Eurisprudence reEect the notion of imperium
et imperio #an empire within and empire$ in the relationship between the national
and the regional governments. >hile autonomous regions are granted political
autonomy! the framers of the /onstitution never e8uated autonomy with
independence. The A"MM as a regional entity continues to operate within the
larger framework of the .tate and is still subEect to the national policies set by the
national government! save only for those specific areas reserved by the
/onstitution for regional autonomous determination.
A
The most controversial 8uestion has been the process for determining the
borders of Bangsamoro. The large /hristian population of Mindanao has strongly
opposed these autonomy agreements! and has demanded plebiscites to
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/O1.T+TFT+O1! Art. 4! .ec. )?.
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/O1.T+TFT+O1! Art. 4! .ec. )3.
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6ida v. .enate! B.". 1o. )@3'A)! October )G! '()).
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+d.
determinate the territory of Bangsamoro! as is mandated by the &hilippine
/onstitution. The high probability that many municipalities would vote against
Eoining Bangsamoro led the M+-F to argue that the parties should step outside
the &hilippines constitutional order to reach an agreement.
+n '((G! constitutional issues came to a head when the .upreme /ourt of the
&hilippines struck down the Memorandum of Agreement on Ancestral Domain
#MOAAD$ between the &hilippine government and the M+-F! which was the
result of the eleven #))$ years of negotiations. The /ourt found the agreement
unconstitutional on substantive and procedural grounds. The MOAAD referred to
the relationship between the central government and the 9Bangsamoro= as
9associative=! but did not define that term. .ince this terms e*ists under
international law to describe a relationship between two independent states! the
/ourt reasoned that the MOAAD likewise aimed to confer statehood on the
Bangsamoro. Terms of the MOAAD that empowered Bangsamoro to enter into
economic and trade relations with the foreign states buttressed this conclusion.
The /ourt held this unconstitutional because the constitution contemplated only
one state within the territory of the &hilippines.
G

+n addition! the /ourt held that the &resident had abused her discretion in
committing under the MOAAD to secure the re8uisite constitutional amendments
to implement it. .ince the power of constitutional amendment rests with the
&hilippine /ongress.
@
The MOAAD assumed that amendments would be re8uired to implement
BangsamoroDs associative relationship with the rest of the &hilippines! but
nonetheless held to be unconstitutional on the basis that it was inconsistent with
the e*istence of a single &hilippine state. +n effect! this is a basic structure
doctrine that limits the substantive scope of possible amendments to the e*isting
&hilippine constitution.
)(
The difference between the Framework Agreement of '()' from the MOAAD of
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/omparative /onstitutional -aw in Asia.
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+d.
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+bid at 2.
'((G are as follows% the former does not commit the government to constitutional
change, the agreement had been done in full transparency! as noted by its
publication online prior to its signing, there is no mention of ancestral domain in
the document, while the MOAAD was written in such a way that the government
could have acted without a plebiscite! the said Framework Agreement is very
clear in re8uiring a democratic mandate.
))
By democratic mandate! means that
the organic law shall be written by the Transition /ommittee! must be passed by
/ongress. Then the communities involve must approve it by plebiscite. Assuming
the law is passed and the plebiscite is approved! then the M+-F must seek an
elected mandate from people.
However! .enator Miriam Defensor .antiago said on April '! '()<! that the
recently signed /omprehensive Agreement on the Bangsamoro #/AB$ is
unconstitutional! since it 9violates the principle of constitutional supremacy.=
)'
.he further added that the /AB establishes not a mere autonomous region as
provided for by the /onstitution! but a substate! which will e*ercise certain
sovereignty powers that should be reserved only for central government.
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Curisprudence dictates that only /ongress can create provinces and cities
because the creation of provinces and cities necessarily includes the creation of
the legislative districts! a power only /ongress can e*ercise. .aid e*ercise of
power by the /ongress is under .ection ?! Article 5+ of the /onstitution and
.ection 2 of the Ordinance appended to the /onstitution.
)<

The A"MM "egional assembly cannot create a province without a legislative
district because the /onstitution mandates that every province shall have a
legislative district.
)?
+n addition! the A"MM "egional Assembly cannot enact a
law creating a national office like the office of a district representative of
/ongress because the legislative powers of the A"MM "egional Assembly
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+bid at ).
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7'F'()<7'F(<7'F('7'Fbangsamorodealunconstitutional223''<K'3AG #visited March 2)!
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+d.
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.ema vs. /omelec! B.". 1o. AA3@A! Culy )3! '((G! ?GG ./"A A((.
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+bid at <.
operate only within its territorial Eurisdiction! as provided in .ection '(! Article 4 of
the /onstitution.
)3
Therefore! the territorial scope of the Bangasamoro in the Framework Agreement
is constitutional as compared to the MOA which the .upreme /ourt declared in
'((G as unconstitutional. The said MOA is unconstitutional because it included in
its territorial scope those provinces! cities! municipalities and barangays that are
not included in the territory of the A"MM and those that do not wish to take part
in the Bangsamoro MOA. Fnless the Bangsamoro is classified as an
autonomous region by the law! it is considered to be violating the constitution!
hence the FAB regarding its territorial scope is constitutional as it was created in
the light of the /onstitution.
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+d.