Prof.

Tony La Via
DLSU College of Law

Moot Court: The Bangsamoro Basic Law

Instructions
ASSUMPTION:
This exercise assumes that the Bangsamoro Basic Law has been enacted. The
Comelec is about to begin preparations for the plebiscite when these petitions
were filed. The Supreme Court is being asked to issue a permanent injunction
against the plebiscite and to declare the Bangsamoro Basic Law unconstitutional.
For moot court purposes, we will consider the original draft agreed to by the MILF
and the Office of the President as the document being ltigated. That draft is
attached.
This is a fictitious exercise based on real texts and personalities. The Professor
is solely responsible for all interpretations of positions by real personalities and
they may not reflect actual positions.

TEAMS:
There will be 8 litigation teams for this moot court, four from each class (3-5
members per team). In addition, each class will contribute 7 Justices to a 14
person court with two Justice acting alternately as Chief Justice.
*Four of the litigation teams are against the Bangsamoro Basic Law. These are:

Local Government Associations of Mindanao, petitioner, represented by a

law firm from Mindanao (Team A from 11AM class)
The Philippine Constitutional Association, petitioner, (Team B from 11AM
class)
The Lumad Coalition, petitioner (Team C from 230PM class)
An amicus curiae, a dean of a law school, (Team D from 230PM class)

*Four of the litigation teams will defend the Bangsamoro Basic Law. These are:

Comelec and The Office of Executive Secretary, respondent, represented

by the Solicitor General (Team E from 230PM class)
The Mindanao Peace Coalition, intervenor (Team F from 230PM class)
Federalist Movement of the Philippines, Intervenor (Team G from 11 AM
class)
An amicus curiae, a dean of a school of government, (Team F from 11AM
class)
LEGAL ISSUES:
The petitions are to have the Bangsamoro Basic Law declared
unconstitutional. But before deciding whether to grant or deny this remedy,
the Supreme Court has ordered oral arguments be heard on the following
issues:
a. Can the Supreme Court exercise the power of judicial review over the
enactment of the Bangsamoro Basic Law? Is this not a political question given
that the executive and legislative branches of government overwhelming support
it? Should this not be a matter of the people of the Bangsamoro to decide
through a plebiscite?

b. Is the creation of the Bangsamoro authorized by the Constitution? In

particular, is the asymmetrical political relationship between the Bangsamoro and
the Central Government ordained by the Constitution? Is the classification of
powers as exclusive, reserved, and shared constitutionally permissible? (See
Article VI?

c. Is the definition of the Bangsamoro core territory, continguos territory, inland

waters, and Bangsamoro waters in Sections 2-6 valid? Can local government
units join the Bangsamoro even when the bigger (province) unit they belong to
have voted no in previous referendums? Is the opt-in procedure for joining the
Bangsamoro for contiguous areas constitutional? Are the definitions of inland and
Bangsamoro waters authorized by the Constitution?
d. Is the establishment of a parliamentary/ministerial form of government
authorized under the 1987 Constitution? See Article VII of the BBL.

e. Are the provisions on indigenous peoples adequate to protect their rights?

Does the BBL violate the Indigenous Peoples Rights Act or can they co-exist?

f. Are the provisions on natural resources in Article XIII, Sections 8-23

constitutional? Is it consistent with the regalian doctrine?

The allied litigation teams can divide among themselves how to allocate the six
issues among their oralists, which will not exceed two for each team.

PROCESS:
Every litigation team will have 15 minutes each. The order will be according to
the issues indicated above with the petitioners speaking first, including the
Amicus Curiae that favors them, followed by the Respondents and their allied
Amicus Curiae. The teams may yield time to their allied colleagues as agreed
upon by them. Any member of the Court may interrupt at any time to ask
questions that must be immediately responded to by the counsels concerned.
All Justices and counsels (while speaking) must wear black robes.
AFTER THE ORAL ARGUMENTS:
After the oral arguments, the Court shall immediately convene and vote on the
case, voting on each issue as outlined above and then deciding whether to grant
the remedies requested.
SUBMISSION OF LEGAL MEMORANDUMS AND OPINIONS
Each team must submit two days before the moot court legal memorandums
stating and arguing their case. Each team will address all six legal issues up for
adjudication and not just their assigned issue.
The Justices shall prepare a decision, including majority, concurring, and
dissenting opinions as needed.
The deadline for the opinions will be set a few days after the moot court
exercises.