THE Philippine Constitution Association (Philconsa) has filed a petition before the Supreme Court seeking to declare Republic Act 11054 or the Bangsamoro Organic Law (BOL), which grants wider autonomy to Muslim Mindanao, as unconstitutional.
In a 34-page petition, Philconsa, through lawyers Rodolfo O. Reyes and Manuel M. Lazaro, also asked the Court to immediately issue a temporary restraining order enjoining Congress and Malacañang from implementing RA 11054 and from disbursing and using funds in connection with the law.
RA 11054 creates the Bangsamoro Autonomous Region in lieu of the Autonomous Region in Muslim Mindanao (ARMM) following the 2014 peace agreement with the Moro Islamic Liberation Front (MILF).
Malacañan Palace declined to comment on the Philconsa petition, but President Duterte said he is willing to make concessions with Moro National Liberation Front (MNLF) founding Chairman Nur Misuari for the full implementation of the BOL, which Misuari reportedly opposes in some parts.
The MILF was a breakaway group from Misuari’s MNLF, which forged a peace agreement with the Ramos administration in 1996. The MILF continued its own insurgency, and eventually forged its own agreement with the administration of President Benigno S. Aquino III.
In a statement, Duterte reiterated his desire to talk with Misuari after the plebiscite for the BOL scheduled on two days in 2019: on January 21 and February 6.
The dialogue pitch is Duterte’s attempt to persuade Misuari to support the soon-to- be created Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) to replace ARMM.
“Nur Misuari is my friend. I am open to any other arrangement, but that would not intrude into the sovereignty…a disseverment of the Republic of the Philippines,” Duterte said during his trip to General Santos City on Monday.
Duterte visited the city to attend the 40th birthday celebration of Emmanuel “Manny” Pacquiao at the KCC Convention Center.
‘Grave, irreparable injury’
Meanwhile, Philconsa also sought the issuance of a TRO to stop the Palace from implementing Executive Order 120 that formed a Bangsamoro transition commission, for “creating public offices only Congress has the mandate to create.”
“Unless a TRO or preliminary injunction is issued, petitioner and the Filipino people will continue to suffer from a grave and irreparable damage or injury inclusive of the adverse aftermaths to the nation, warned by the MILF to happen, should the government fail to succumb to the politically irresistible aspirations of the MILF,” the petition read.
Furthermore, the petitioner argued that unless a TRO is issued “unlawful disbursements or uses of public funds pursuant to the illegal/unconstitutional R.A. 11054 will escalate into continuing violations, if not a flaunting disregard or defiance, of the Constitution, and the laws further prejudicing public interest and welfare.”
Instead, Philconsa suggested the enactment of a law to change the name ARMM to Bangsamoro Autonomous Region or BARMM and to include additional territories that the MILF would demand as long as these are in accordance with the law.