MYTH: That the proposed parliamentary form of government in the Bangsamoro is unconstitutional.
10SALIENT POINTS OF the enhanced BANGSAMORO BASIC LAWFACT: A parliamentary form of government in the Bangsamoro is possible under the 1987 Constitution.The Constitution does not prescribe a particular form of government for the autonomous regions. It only provides that “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” (Art. X, Sec. 18).A parliamentary form of government satisfies these conditions. The legislative authority shallfall on the Bangsamoro Parliament composed of party representatives, district representatives, and reserved seats and sectoral representatives, to be chosen by the voters in the Bangsamoro. The head of the government, the Chief Minister, shall be elected by a majority vote of the Bangsamoro Parliament from among its members. The Chief Minister is thus an elected official.Is a parliamentary form of government allowed under the 1987 Constitution?1987 Constitution, Art. X, Sec. 18. “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 multi-sectoral 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.”➢14 of 18 surviving Framers of the 1987 Constitution also affirm that a parliamentary form of government is allowed in the Constitution.
11SALIENT POINTS OF the enhanced BANGSAMORO BASIC LAWMYTH: That the Moro Islamic Liberation Front (MILF) will automatically replace the police in the Bangsamoro areas (former ARMM) and that the Bangsamoro Police will be independent from the Philippine National Police.FACT: NOT TRUE. The MILF will not replace the police force in the Bangsamoro. The Bangsamoro will not have a separate police.There shall be only one police force in the country and the Bangsamoro Police “shall be part of the Philippine National Police” (see Art. XI on Public Order and Safety).➢The Bangsamoro police force shall be a regional unit of the Philippine National Police.All regions have the same such regional commands, including the ARMM today. ➢There is no automatic/wide-scale INTEGRATION of the MILF combatants to the PNP or the AFP. If they wish to apply, they will have to comply with the requirements set by the national PNP or the AFP.MYTH: That the Bangsamoro will have its own COA, COMELEC, Civil Service and CHR.FACT: NO, the Bangsamoro will not have its own constitutional commissions.
- Summer '16
- Accounting, Autonomous Region in Muslim Mindanao, bangsamoro basic law, enhanced BANGSAMORO BASIC