Paolo Juan C.

Tellano
11881259

Essentially, the Bangsamoro Basic Law (BBL) will provide autonomy to the Autonomous
Region in Muslim Mindanao (ARMM) in the following aspects: culture, territory, governance,
judicial system, and economy. It has been a pressing policy issue for at least 7 years now, since
its drafting in 2012. Indeed, the said policy has been discussed repeatedly concerning including
rebel groups in table talks, Indigenous rights, and the Christian reaction to the increased
independence of our Muslim brothers.
However, one legal issue would be whether or not it violates the Equal Protection Clause
in our Constitution. The requisites for a law not to violate the Equal Protection Clause are as
follows: 1) the law has to be reasonable (i.e. there is an existence of a substantial distinction 2) it
must be germane to the purpose of the law 3) the application shouldn’t be limited to the present
condition and 4) it must apply to all members of the class affected.
The most common argument would be that the BBL does not violate the Equal Protection
Clause since there is substantial distinction between our Muslim brothers, which includes their
ethos, from those outside of the ARMM. One of the main contentions is that there exists a
substantial distinction due to the fact that a significant chunk of the nation has been Christianized
whilst the ARMM has managed to stay true to their ancestral roots. If we take a look at history,
this is indeed true. Our Muslim brothers have been able to preserve longstanding practices with
regards to their culture, governance, and law, the latter even leading to the creation of Sharia
Courts. Although there has to be an admittance that other regions in the country had their own
localities prior the invasion of Spain, there came acculturation and assimilation in most parts of
Luzon and Visayas which isn’t true with the ARMM.
There has also been an argument that not everybody from ARMM would want to secede
from the State. This will then lead to the violation of the fourth requisite (i.e. it must apply to all
members of the affected class) vis-à-vis consent. However, the recent 2019 Bangsamoro
Autonomous Region creation plebiscite has shown that an overwhelming majority from the
ARMM wants to go through with the BBL. The total turnout capped in at 87.8% and those who
voted for the ratification of the BBL tallied at 88.57%. It is clearly seen that the sentiments have
not changed over the past few years concerning the said policy.
To summarize, the BBL is constitutional and does not violate the Equal Protection
Clause. First, there is a substantial distinction between out Muslim brothers and other Filipinos.
Second, the BBL is definitely germane to the purpose of law, that being autonomy. Third, the
application of the law isn’t limited to the current condition once the secession takes place. Lastly,
it will apply to all people in the ARMM.