Constitutional danger

Senate Majority Leader Juan Miguel Zubiri knows that the Bangsamoro Organic Law (BOL) he sponsored and passed by Congress, as well as the first plebiscite recently held in Mindanao, is clearly unconstitutional, which is why Zubiri now hopes that the “Yes” vote that had drowned out the “No” votes ratifying the BOL would convince the Supreme Court (SC) to dismiss the petition that challenged its constitutionality.

“How can there be peace even among the various Moro tribes when some of them feel that they had been betrayed not just by the government but also the MILF?

The author of the BOL said he hopes the SC will not look at the legal and constitutional issues and have an open mind and heart, since he claimed it is an instrument of peace and not a political instrument, stressing that it’s an instrument of progress for these areas in Mindanao.

Does Zubiri not realize the consequences should the SC go against what is legal and constitutional and declare the Bangsamoro Autonomous Region in Muslim Mindanao legal and constitutional, as well as the establishment of a Bangsamoro parliamentary government, which goes against the constitutionally ratified presidential system of government?

An even worse consequence for constitutional democracy is the fact that with the SC declaring as constitutional the BOL and the plebiscites — which really is putting the cart before the horse — is that Congress then is given by the SC the power to amend the Constitution and, in effect, Congress then will have the power to also throw out of the constitutional window the very Constitution and its provisions that disallow Congress, through a mere law, the right to dismiss that which had been ratified by the Filipino people.

This is not the first time a peace agreement has been reached between the Moros in Mindanao and brought before the High Court. And every time, under past governments, such peace pacts were junked by the court for its unconstitutionality.

What then is the difference today? The plebiscite that came before the unconstitutional amendment through an unconstitutional act of Congress?

How, pray tell, can a mere congressional law that usurps the right to amend the existing Constitution through the mandated modes of amending or revising the Charter be deemed constitutional and legal by the SC? There is therefore no more need for the Constitution and its mandated provisions ratified by the electorate.

Why, we can even have Congress merely come up with a law that makes the change from a presidential system to a federal system in the Philippines. After all, Congress will have been given the right and the power to amend any constitutional provision by the High Court even with just a simple reason that may have no basis at all, of the BOL bringing about peace in Mindanao and for a federal-system change. Why, Zubiri and other members of Congress can always claim that there will finally be peace in the entire Philippines.

“It will bring about a just and dignified peace to the land of Bangsamoro areas to all those who passed away. There were already too many who died in their struggle to achieve peace,” the senator said.

So sorry, but what Zubiri says is pure double bullsh*t.

For one, too many Filipino soldiers and civilians have died for the motherland in their fight against these lawless Muslims elements who insist on not being identified as Filipinos and believe they have the right to claim their so-called ancestral lands.

Have I got news for the Moros: the ancestral land belongs to our Filipino ancestors who probably were all Moros before the Spanish colonizers came around. It’s not only Malaysia that has datus and other members of royalty.

Even before the SC rules on the constitutionality and legality of Congress, on the right of Congress to amend any constitutional provision that catches the fancy of congressmen and through a mere law, it is pretty evident that neither the unconstitutional BOL nor the plebiscite results can bring about peace, dignified and otherwise.

Already, this is being made clear through the horrendous Jolo church bombing in which the Abu Sayyaf, trained by the foreign IS recruiters and teaching them bombing techniques, is supposedly the culprit. And this is just the beginning.

Then, too, how can there be peace even among the various Moro tribes when some of them feel that they had been betrayed not just by the government but also the Moro Islamic Liberation Front (MILF) that has been given, moreover, the “right” to hold on to their arms and the right to have its private army as it refuses to decommission its arms despite their being part of government?

The petition asking the High Court to stop and eventually declare the BOL unconstitutional was filed by Sulu Governor Abdusakur Tan last year.

Will the SC allow Congress to amend the Constitution through a mere law enacted by Congress and signed by the President?

If it does, the High Court itself also can be abolished through a mere law amending the charter.

Danger certainly lurks for constitutional democracy.