‘Bangsamoro Organic Law to withstand constitutional test’

MANILA, Philippines — The Supreme Court (SC) has asked Malacañang and Congress to respond to the petition of the Sulu provincial government to nullify the Bangsamoro Organic Law (BOL).

The SC discussed the petition filed by Sulu Gov. Abdusakur Tan II during its session on Oct. 16, according to an insider.

The source, who requested anonymity due to lack of authority to speak for the court, said the high tribunal issued the order to Executive Secretary Salvador Medialdea, Interior and Local Government officer-in-charge Eduardo Año, Presidential Adviser on the Peace Process Jesus Dureza, the Bangsamoro Transition Commission, Moro Islamic Liberation Front, Senate and House of Representatives.

However, Dureza said he is confident that BOL can withstand constitutional test.

He said Congress “scrutinized its fine points and finetuned them taking into the account the landmark decisions of the Supreme Court, and drew from the lessons of the past.”

Dureza said there was also due diligence by the legal minds of the executive department before President Duterte signed the BOL.

“Every citizen is free to resort to judicial processes to question the constitutionality of laws. The case filed against the BOL is not an exception,” he said.

Senate Majority Leader Juan Miguel Zubiri, principal sponsor of the BOL, said he is optimistic that the SC would uphold the constitutionality of the law.

Out of the box solution

Zubiri expressed hope that the SC would look at the BOL as an ”out of the box solution for lasting peace in Mindanao within the framework of the Constitution.”

In a petition filed through former Commission on Elections (Comelec) chairman Sixto Brillantes on Oct.11, Tan asked the SC to declare the BOL or Republic Act 11054 as unconstitutional.

Tan said the BOL violates Section 18 and 19 of Article 10 of the 1987 Constitution, which authorized the enactment of only one Organic Act to establish the Autonomous Region in Muslim Mindanao (ARMM).

“Since ARMM is created by Constitutional fiat, Congress by itself has absolutely no authority to abolish ARMM. Only through an amendment of the Constitution may ARMM be abolished,” the petition stated.

Tan said the BOL also violated the separation of powers under the Constitution, adding that Congress committed grave abuse of discretion when it passed the law.

He said the SC should prevent the Comelec from proceeding with the plebiscite in January next year.

The BOL creates the Bangsamoro Autonomous Region, which seeks the inclusion of 39 barangays in North Cotabato, six towns in Lanao del Norte as well as the cities of Isabela in Basilan and Cotabato aside from the provinces under ARMM. – With Jose Rodel Clapano, Paolo Romero