Philconsa files 2nd petition vs BOL

MANILA, Philippines — Another petition questioning the constitutionality of the Bangsamoro Organic Law (BOL) has been filed before the Supreme Court (SC).

In a 37-page petition filed on Dec. 11, the Philippine Constitutional Association (Philconsa) asked the high court to declare the BOL unconstitutional as it accused Congress of committing grave abuse of discretion in passing the law.

The group said the law violates Sections 18 and 19 of Article 10 of the 1987 Constitution, which provide for the enactment of only one organic act to establish the autonomous region in Muslim Mindanao.

The Philconsa argued that establishing a parliamentary form of government in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM)  under the BOL violates the Constitution, which recognizes only the Autonomous Region in Muslim Mindanao and the Cordillera Autonomous Region.

“They are the only autonomous regions recognized by the Constitution. The BARMM was created by Congress in violation of the Constitution... Any exercise of power of the legislative and the executive departments or any of their respective functionaries beyond what is circumscribed by the Constitution and law is unconstitutional and a nullity,” the petition read.

The group also asked the SC to issue a temporary restraining order (TRO)and a writ of preliminary injuction to prevent the executive from implementing Republic Act 11054 as well as to receive and disburse funds in connection with the implementation of the BOL.

“Until and unless a TRO or preliminary injunction is issued, unlawful disbursements or uses of public funds... will escalate into continuing violations if not a flaunting disregard or defiance of the Constitution and the laws... prejudicing public interest and welfare,” the group warned.

Malacañang said it would respect the decision of the high tribunal on the issue.

“We will let the Supreme Court decide... We will not make any comment... because it is pending before the court,” presidential spokesman Salvador Panelo told a press briefing yesterday. – Alexis Romero