Opening Pandora’s box

Constitutional questions on the creation of the Bangsamoro Organic Law (BOL) and the establishment of a Bangsamoro government have not been ruled upon by the Supreme Court (SC), yet a plebiscite in many parts of Mindanao had taken place – at least for the first part. Another plebiscite is scheduled in a few days.

“Truth is, Congress has given much too much advantages to the point of giving the MILF all that it demanded.

This is really a serious case of government putting the cart before the horse, and problems may just loom ahead, given the apparent unconstitutional moves from Congress just to get the Bangsamoro government established.

The case can hardly be deemed moot and academic by the High Court, despite the ongoing plebiscite, no matter what the result of the plebiscite says and especially if the result of the Moro vote is a Yes vote, mainly because what may be clearly unconstitutional will therefore be allowed by the SC through a dismissal of the cases filed against the establishment of a Bangsamoro government in Mindanao.

War is more likely to erupt. More violence is almost expected for the Moro Islamic Liberation Front leaders, since the formation of a government benefits these faction of Moro leaders and not any other armed Moro rebels, such as the Bangsamoro Islamic Freedom Fighters and some MILF remnants and Moro National Liberation Front (MNLF) rebels, along with the Abu Sayyaf group, which are going to be left powerless except for their armed power. These groups will be using it against, not only on the Mindanaoans and the MILF government, but also in other provinces to ensure that peace cannot be had in the region and the MILF as a government entity will be as inutile as the Autonomous Region in Muslim Mindanao (ARMM).

Truth is, Congress – both the House and the Senate – has given much too much advantages to the point of giving the MILF all that it demanded even when the congressional members knew that what they were doing by way of enacting a combined bill is clearly unconstitutional. The High Court should settle this issue decisively and soon, instead of sleeping on cases before it.

For how can the creation of a Bangsamoro government be constitutional, given the fact that a mere law, even when signed by the President, cannot amend that which is provided for and guaranteed by the 1987 Constitution? Is a mere law now higher than the Constitution?

This question has to be resolved by the High Court, given the fact that the present Charter, which was ratified by the entire Filipino electorate, granted only two autonomous bodies, the ARMM and the Cordillera Autonomous Region. ARMM, cannot be abolished just like that – and through a mere law which is clearly heavily flawed. Any amendment to the Constitution must be done as the Filipino people have ordained when they ratified the 1987 Constitution.

There are other constitutional questions that must be decided on by the SC, such as having a pure parliamentary type of Bangsamoro government in Muslim Mindanao and, under the existing presidential system, which system incidentally ensures the political longevity of the MILF. No other non-MILF group can hope to take over the Muslim government, since it is not the so-called Bangsamoro people who will be electing their “prime minister,” but the MILF parliamentarians that will be elected. Since they control the levers of power, it is certain that there will be no such thing as a loss of confidence vote to oust the chief minister.

Who would form the opposition party or shadow government under an MILF parliamentary reign when the Moro government will be a one-party rule?

If the SC for some reason decides to rule in favor of the clearly unconstitutional BOL that establishes the Moro government, then the SC will have admitted that Congress is higher than the Constitution and that the plebiscites, which stem from an unconstitutional BOL law, are constitutional as voiced, not by the entire electorate but by the voice of a region’s electorate.

With such an SC decision, what then is there to stop say, Manila, or even the entire Metro Manila, to get Congress to come up with a law to make Metro Manila also into an autonomous region with vast powers, become a law unto itself and adopt a parliamentary system, too?

For that matter, what’s to stop other regions and leaders from demanding the same congressional action to virtually be independent of the central government, since this establishment of the Bangsamoro government is made possible through a mere law and hang the modes of amending provisions as provided by the Constitution.

The High Court will merely be opening wide Pandora’s box if the unconstitutional is made constitutional by way of upholding Congress’ way of amending the provision of the Charter.

And we all know what Pandora’s box contained.

Then say goodbye to the Philippines and welcome then to the eventual bifurcation of the Philippines.