LEGAL ARGUMENTS ON THE JUSTIFICATION TO ABOLISH THE

AUTONOMOUS REGION IN MUSLIM MINDANAO (ARMM) AND THE

PERCEIVED FAILURE OF THE BANGSAMORO ORGANIC LAW (BOL) TO

PROVIDE A REAL SOLUTION.

By:

Fyrsed Alsad A. Alfad III

in compliance with the final academic requirement in

LEGAL RESEARCH AND THESIS WRITING

SECTION: I-A-1

Submitted to:

COMMISSIONER KELVIN LESTER K. LEE

College of Law

University of the East

Manila, Philippines
 TABLE OF CONTENTS

I. INTRODUCTION…………………………………………………………………...3

II. A TAUSUG’S STANDPOINT……………………………….......…………………3

III. THE CREATION OF AN EXPERIMENT…………………………………………3

IV. ISSUES……………………………………………………………………………..…4

A. The Malacañang Influence………………….………………………………4

B. Corruption and Poverty…………………….………………………………4

C. Violence………………………………………………………………………6

V. THE BANGSAMORO ORGANIC LAW (BOL) and the BANGSAMORO

AUTONOMOUS REGION (BAR)….………………………………………….......8

A. Early Challenges……………………………………..………………………8

B. An Inevitable Measure……………………...………………………………9

C. A New Leaf…..…………………………………………..…………………10

D. Allegations of Unconstitutionality…..………………………...…………10

VI. AFTERTHOUGHT…………………………………………………………………14

VII. CONCLUSION and RECOMMENDATION …………...………………………15

VIII. BIBLIOGRAPHY…………………………………………..……………………….17

2
I. INTRODUCTION

The Autonomous Region in Muslim Mindanao (ARMM) has been in existence

for the last 23 years. It has brought a notion of self-rule to the Muslim populace in

Mindanao instead of secession, which was the popular clamor of Muslims prior to the

ARMM’s conception. However, the ARMM has continuously failed to uplift the lives of

its constituents and the region has endured to be the most depressed in the whole

country.

Responding to the dismal failure of the ARMM, Sulu Governor Abdusakur M.

Tan, supported by several concerned groups, spearheaded the call for the abolition of

the five-province autonomous region and to have the region revert to the mainstream

national system in 2011.1 The action has snowballed into larger issues eversince.

II. A TAUSUG’S STANDPOINT

Having belonged to the proud and strong Tausug tribe of the island province of

Sulu, I have personally witnessed the by-product of the ARMM’s governance through

the years. Development and progress have continuously eluded the various provinces

under the ARMM due to the proliferation of corruption among its various offices and

the prevalence of violence in the region. In the end, the constituents of the ARMM are

those that endure the suffering brought about by the unwavering poverty that resulted

from such corruption and violence. Ironically, these were the very factors that the

ARMM intended to obliterate when it was created. Yet, the ARMM has only served to

worsen such problems, which is why I strongly stand for the abolition of the

Autonomous Region in Muslim Mindanao.

III. THE CREATION OF AN EXPERIMENT

The ARMM was created in 1989 though Republic Act 6734, “AN ACT

PROVIDING FOR AN ORGANIC ACT FOR THE AUTONOMOUS REGION IN

MUSLIM MINDANAO” and was passed in accordance with Article X, Section 15 of the

1987 Constitution which provides for the creation of an autonomous region in

1 Press Statement. OPG Press Room. Office of the Governor. Gov. Abdusakur Tan, 05 March 2011

3
Mindanao and the Cordilleras. Five provinces — Lanao del Sur, Maguindanao, Sulu,

Tawi-Tawi and Basilan, with the exception of Cotabato City and Isabela City—were

included in the region after a plebiscite among its residents was conducted upon

passage of the law.2

The enactment of RA 6734 and the creation of the ARMM are the result of a series

of negotiations between the Government of the Republic of the Philippines (GRP) and

the Moro National Liberation Front (MNLF) and it culminated in the signing of the first

Peace Agreement known as the Tripoli Agreement of 1976. It was viewed as the

solution to the enduring conflict in Mindanao by the national government.3

IV. ISSUES

A. The Malacañang Influence

The concept of autonomy and the consideration of the ARMM as a “free zone”

seem to be flawed from the very start because the leadership of the ARMM is evident of

an absence of independence from the grip of the Malacañang. Since its creation, the

leaders of the ARMM have been those that were particularly preferred or “anointed” by

whoever is elected as president. The first Regional Governor, Zacarias Candao, was the

local stalwart steward of President Corazon Aquino’s Laban ng Demokratikong

Pilipino (LDP). Second was Lininding Pangandaman who was known as the protégé of

President Fidel Ramos. Third was Nur Misuari, who was persuaded by President

Ramos to run and also ran unopposed for his 2 nd term after being endorsed by President

Joseph Estrada during the latter’s presidential term. Fourth was Dr. Parouk Hussin who

was anointed by President Gloria Macapagal Arroyo. Fifth was Datu. Zaldy Ampatuan

who was, likewise, endorsed by President Arroyo during the ARMM elections. 4

B. Corruption and Poverty

Data shows that ARMM depicts rapid population growth, high poverty

incidence, high rates on maternal and infant mortality, increasing fertility rate, highest
2 Republic Act 6734, “AN ACT PROVIDING FOR AN ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM
MINDANAO. Lawphil.net
3 http://mnlf.net/The_Tripoli.htm
4 http://www.iag.org.ph. Institute for Autonomy and Governance, Notre Dame University, Cotabato City

4
unmet need for family planning, prevalent malnutrition among children and low in

literacy as well as life expectancy.5 RA 6734 ART III Section 7 states that, “The Regional

Government shall endeavor to improve the well-being of all its constituents, particularly the

marginalized, deprived, disadvantaged, underprivileged and disabled.” These issues on

widespread poverty throughout the region remain unsolved due to massive

irregularities in the ARMM project expenditures which led to the waste of hundreds of

millions of pesos of public fund for nonexistent projects more popularly termed as

“ghost projects.” Darwin Rasul, former Assistant Secretary at the ARMM’s Office of

Special Concerns (OSC), said that in one Tawi-Tawi town alone, three school building

projects reported to have been completed were actually nonexistent and that officials

discovered “more than 10” nonexistent school buildings across the ARMM and that the

ghost school buildings were worth “millions of pesos.” 6

If there are “ghost” buildings, there are also the so-called “ghost employees”

who have haunted the various agencies of the ARMM for the last 23 years. It was only

until recently that the elimination and the withholding of funds for personnel found to

be non-existent was acted upon by then ARMM officer-in-charge (OIC) Mujiv Hataman

allowing the ARMM to save P208 million in payroll money.7

It must be noted that Hataman was appointed by President Aquino and was

subsequently anointed by the latter for the gubernatorial seat in the 2016 ARMM

elections that followed. So who was to say his victory wasn’t assured when it has

already been a persistent view that the Palace’s bet will always prevail? Hataman’s bid

for the gubernatorial seat was met with very heavy odds when no less than the

influential Sulu Governor Abdusakur Tan stood against him in the race. 8 However, any

skepticism to the anomaly of the “Malacañang Infuence” was rendered moot when

Hataman emerged victorious.9

5 “Population, poverty issues in ARMM tackled in forum” by Ed General, Zamboanga Times, July 7, 2008
6 “Scams in ARMM bigger than thought” by Germelina Lacorte, Inquirer Mindanao
7 “ARMM removes 'ghost' employees, saves P208 million” by Jess Diaz, Philippine Star, 13 September 2012
8 “Hataman seeks second term as ARMM governor”by Ferdinandh B. Cabrera, MindaNews, October 16, 2015
9 “Hataman, Lucman re-elected in ARMM”, by Bong Garcia, SunStar Philippines, May 14, 2016

5
 Rampant and outward corruption has been happening from the very beginning

of the ARMM. On April 17, 1998, the Office of the Special Prosecutor, Office of the

Ombudsman-Mindanao, filed in the Sandiganbayan criminal cases for malversation of

public funds amounting to a grand total of P21,045,570.64 , against the following ORG-

ARMM officials/employees:

1. Zacaria A. Candao (Regional Governor)

2. Israel B. Haron (Disbursing Officer II),

3. Abas A. Candao (Executive Secretary) and

4. Pandical M. Santiago (Cashier).

They were charged with violation of Article 217 of the Revised Penal Code. The

Sandiganbayan First Division found the abovementioned officials guilty stating in its

decision that, “The following elements are essential for conviction in malversation cases: (1) the

offender is a public officer; (2) he had custody or control of funds or property by reason of the

duties of his office; (3) those funds or property were public funds or property for which he was

accountable; and (4) he appropriated, took, misappropriated or consented or, through

abandonment or negligence, permitted another person to take them. All the foregoing elements

were satisfactorily established by the prosecution in this case. Petitioners have not rebutted the

legal presumption that, with the Disbursing Officer’s (Haron) failure to account for the illegally

withdrawn amounts covered by the subject checks when demanded by the COA, they

misappropriated and used the said funds for their personal benefit.” 10

C. Violence

Perhaps the most infamous and the most controversial event that occurred in the

history of the ARMM is the dreaded Maguindanao Massacre in November 2009 which

refers to the election-related mass killing of at least 57 people, many of them members

or supporters of the Mangudadatu Clan in Maguindanao. The victims, which included

some of the clan’s family members, as well as journalists, lawyers and civilians were on

10 Zacaria A. Candao, et al v. People of the Philippines and Sandiganbayan, G.R. Nos. 186659-710, October 19,
2011

6
their way to the town of Shariff Aguak to file a certificate of candidacy (COC) on behalf

of Buluan,Maguindanao Vice Mayor Datu Ismail “Toto” Mangudadatu, who was

running for governor in the province, when they were abducted and later killed by

heavily armed men allegedly belonging to the Ampatuan Clan. 11 Datu Zaldy Ampatuan

was serving as the ARMM Regional Governor at the time. RA 6734 ART III Section 2

states that,” The Regional Government shall adopt the policy of settlement of conflicts by

peaceful means, and renounce any form of lawless violence as an instrument of redress.” The

Maguindanao Massacre is a complete contradiction of the abovementioned section.

Everyone who stood watch as the events after the massacre unfolded became witnesses

to the reality of how the ARMM leaders have treated their position. Amassing

quantities of high-powered armaments and ammunitions as well as the creation of

private clan armies, it appeared that the leader of the ARMM was more of a warlord

than a Regional Governor whose goal is to be served, rather than to serve.

A decade has already lapsed from what is considered the deadliest attack on

journalists in the world and the worst election-related case of violence in Philippine

history and a verdict has yet to be reached by the court. 12 Whatever the outcome would

be one thing is for certain – the ability of the ARMM and its leaders to end the

widespread violence in Mindanao has been subjected to total doubt and disbelief since

such leaders are even at the forefront of such violence. It is indubitable that the

continued existence of the Autonomous Region in Muslim Mindanao (ARMM) is

already rendered inutile considering its dismal failure to serve the very purpose for its

creation.

V. THE BANGSAMORO ORGANIC LAW (BOL) and the BANGSAMORO

AUTONOMOUS REGION (BAR)

A. Early Challenges

The need for an effective framework to resolve the ARMM issues has been in

11. "The Ampatuan Massacre: A Map and Timeline" by Analyn Perez, GMA News, November 25, 2009
12 “DOJ says verdict Ampatuan-Massacre may come before November 2019” by Lian Buan, Rappler.com, August
08, 2019

7
the works since 2014 when the Comprehensive Agreement on the Bangsamoro (CAB)

was signed between the GRP and the Moro International Liberation Front (MILF). 13 The

CAB was hailed as the most positive step that brought the prospect of real peace in

Mindanao closer to realization and fulfillment. It was in this agreement that the concept

of creating a “Bangsamoro Political Entity” was proposed with the intention to replace

the defective ARMM and providing the Bangsamoro more political autonomy. 14 This

culminated with the inception of the Bangsamoro Basic Law (BBL).

It is, perhaps, by a stroke or fate that any further developments on the proposal

was severely hindered when a huge blow to the peace process came in the form of the

dreaded 2015 armed attack known as the “Mamasapano Incident”. 15 Confidence on the

peace process weakened [especially on the part of the MILF] and the delay on the

materialization of the BBL paved an opportunity for those opposed to the measure to

raise the issue of constitutionality for the very first time. 16 The 2008 landmark decision

of the Supreme Court on the now defunct Bangsamoro Juridical Entity (BJE) proposal

on an earlier peace agreement known as the Memorandum of Agreement on Ancestral

Domain (MOA-AD) cast its long shadow on the on the BBL as the issues involved

showed notable similarities. A review of the MOA-AD case shows that the Court found

that the constitutional amendment needed to implement the agreement breached

procedural requirements amounting to a ‘grave abuse of discretion’ by the Government.

The Court also concluded that expanding the powers of the autonomous territory to the

extent proposed in the MOA-AD conceded too much authority from the centre. Further,

the Court objected to the proposed ‘association’ between the autonomous territory and

the national government, suggesting it ran ‘counter to the national sovereignty and

13 ‘Comprehensive Agreement on the Bangsamoro’ – A Roadmap to Peace in the Southern Philippines?, by

Anton Chan, Counter Terrorist Trends and Analyses, Vol. 6, No. 3 (APRIL 2014), pp. 25-30. Published by:
International Centre for Political Violence and Terrorism Research.
14 Ibid.
15 “Full report: The Mamasapano Incident” Inquirer.net., March, 13, 2015
16 “The Bangsamoro Organic Law: A Concrete Step towards Peace in Mindanao” by Asli Ozcelik and Jenna
Sapiano, Political Settlements Research Program, August 28, 2018.

8
territorial integrity of the Republic.’17 The resultant delay to the BBL engendered further

frustration on the MILF who largely hoped and urged for its passage to take place

during the Aquino administration as President Aquino reassured.18

B. An Inevitable Measure

The passage of the BBL was one of the major noisemakers during the final

portion of former President Aquino’s term. It was given so much extra attention by the

former Chief Executive that its plea made its way to his final State of the Nation

Address (SONA) in 2015. Aquino stressed the BBL as a very important measure that the

lawmakers should finally deliberate upon despite couching his call in the guise of non-

urgency.19 The paramount importance of the BBL to the former president stems from his

unfulfilled promise to strike a peace deal with the Moro International Liberation Front

(MILF) before his term ends.20 His determination to have the measure passed during his

term was very express as the need to establish a peaceful resolution with the MILF can

no longer be delayed.21 However, ripeness of the matter was not matched by the infancy

of the contents of the proposed BBL – which was hounded by an early backlash of

opposition due to its several legal infirmities. The impossibility of its passage eventually

became apparent to Aquino, but his optimism was unwavering as he was convinced of

its inevitability.22

C. A New Leaf

The assumption of the Duterte Administration to the seat of governance

provided the Filipino populace with a renewed vigor for change in the political state of

the nation.23 Contrary to expectations, the BBL was among those that benefited from

17 The Province of North Cotabato v. The Government of the Republic of the Philippines Peace Panel on Ancestral
Domain, G.R. No. 183591 (14 October 2008).
18 “MILF jittery over BBL delay” by RG Cruz, ABS-CBN News, September 19, 2015
19 “BBL in PNoy’s SONA: 3 minutes out of 130-minute speech” by Carolyn O. Arguillas, MindaNews-This is our
Mindanao., July 28, 2015
20 “PNoy’s unfulfilled promise: Final peace deal with MILF” by Kathrina Charmaine Alvarez, GMA News Online,
June 28, 2016
21 “PNoy wants to have BBL passed under his term” ABS-CBN News, Jun 21 2015
22 “PNoy on BBL passage: Question of time” by Alexis Romero, PHILSTAR Global, December 5, 2015
23 “Change is coming,’ give change a chance” by Julie L. Po, Inquirer.net, May 23, 2016

9
reinvigoration. The several failures to pass the measure during the previous

administration was contrasted by its successful consideration in Congress this time

around, albeit after several revisions in title and substance. The improved version of the

law passed under the present administration was initially known as the Organic Law

for the Bangsamoro Autonomous Region in Muslim Mindanao or OLBARMM. 24 This

eventually became Republic Act No. 11054 - Bangsamoro Organic Law (BOL), which,

in an unprecedented turn of events, was widely accepted by the government bodies and

the rebel groups alike.25 However, these turn of events did not hinder backlash from

those opposed who also strengthened their resolve to assail the passage of the law on

legitimate grounds. As a Tausug, I admittedly found myself to be on the side of the

latter’s fence.

D. Allegations of Unconstitutionality

Shortly after the passage of RA No. 11054, the Tausugs of the province of Sulu

once again made headlines when [on their behalf] former Governor Abdusakur Tan II,

son of incumbent Governor Abdusakur Tan and assisted by renowned former

COMELEC Chairman Atty. Sixto Serrano Brillantes, Jr., filed with the Supreme Court a

petition to halt efforts to conduct a plebiscite to ratify the law on grounds of

unconstitutionality for breach of Article X Section 18 and Section 19 the 1987 Philippine

Constitution.26 A second petition, this time from the Philippine Constitutional

Association (PhilConsa), was also submitted before the court accusing Congress of

committing grave abuse of discretion in passing the law citing in addition Article VII of

the 1987 Philippine Constitution.27

24 “Fast facts on the Bangsamoro Organic Law” by Beatrice Jilie Gutierrez, Philippine Information Agency,
February 12, 2019
25 “PEACETALK: The BOL is not a perfect law but it is the best now we have in our common interest for peace,
unity and progress” by Muslimin G. Sema, MindaNews, January 19, 2019
26 Sulu asks SC to void Bangsamoro Organic Law, stop plebiscite. by Mike Navallo, ABS-CBN News, October 31,
2018
27 Philconsa files 2nd petition vs BOL. by Edu Punay, The Philippine Star, December 19, 2018

10
 The plebiscite, nonetheless, pushedthru on January 2019 which resulted in an

overall win for the proposed measure. 28 Incredibly, the disdain for the law of the

constituents of the province of Sulu was manifested via a landslide vote for its

rejection.29 Notwithstanding the results, the twin petitions still remain in pendency with

the Supreme Court.

A careful review of the lessons of Constitutional Law I brings us to the following

pertinent provisions:

Article II (Declaration of Principles and State Policies)

Section 1. The Philippines is a democratic and republican State. Sovereignty

resides in the people and all government authority emanates from them.30

Article VI (Legislative Department)

Section 1. Section 1. The legislative power shall be vested in the Congress of the

Philippines which shall consist of a Senate and a House of Representatives, except

to the extent reserved to the people by the provision on initiative and

referendum..31

Article VII (Executive Department)

Section 1. The executive power shall be vested in the President of the

Philippines.32

Article VIII (Judicial Department)

Section 1. Section 1. The judicial power shall be vested in one Supreme Court

and in such lower courts as may be established by law.33

Article X (Local Government) Autonomous Region:

28 Authorities report ‘peaceful’ BOL plebiscite. by Tajallih S. Basman, Gillian M. Cortez, and Vince Angelo C.
Ferreras. BusinessWorld. January 21, 2019.
29 Sulu rejects Bangsamoro law: certificate of canvass. by Nickee Butlangan, ABS-CBN News. January 23, 2019
30 The Official Gazette. 1987 Philippine Constitution.
31 Ibid.
32 Supra. See Note 30
33 Ibid.

11
 Section 15.: There shall be created autonomous regions in Muslim Mindanao

and in the Cordilleras consisting of provinces, cities, municipalities, and

geographical areas sharing common and distinctive historical and cultural

heritage, economic and social structures, and other relevant characteristics within

the framework of this Constitution and the national sovereignty as well as

territorial integrity of the Republic of the Philippines.34

Section 18. The Congress shall enact an organic act for each autonomous region

with the assistance and participation of the regional consultative commission

composed of representatives appointed by the President from a list of nominees

from multi-sectoral bodies. The organic act shall define the basic structure of

government for the region consisting of the executive department and legislative

assembly, both of which shall be elective and representative of the constituent

political units. The organic acts shall likewise provide for special courts with

personal, family, and property law jurisdiction consistent with the provisions of

this Constitution and national laws.

The creation of the autonomous region shall be effective when approved by

majority of the votes cast by the constituent units in a plebiscite called for the

purpose, provided that only provinces, cities, and geographic areas voting

favorably in such plebiscite shall be included in the autonomous region.35

Pursuant to Article X Section 15, it is clear that the Constitution allows the

establishment of only two autonomous regions — in Muslim Mindanao and in the

Cordilleras – to which Congress must enact a single organic act for each. Such organic

act shall have characteristics within the Constitutional framework as required by

Article X Section 18. In the case of Muslim Mindanao, the enactment was Republic Act

6734 which established the ARMM after being ratified thru plebiscite in accordance to

Section 18 (par 2) recognizing the authority of the people as reiterated by Article II,

34 Ibid.
35 ibid.

12
Section 1. Lastly, as can be gathered from Article VI, VII and VIII – The Philippines is a

republic with a presidential form of government wherein power is equally divided

among its three branches: executive, legislative, and judicial.

Reviewing the petitions now pending with the Supreme Court vis-à-vis the

Constitutional Law 1 lesson review on the previous paragraph, I am inclined to posit

the same legal arguments against the passage of the BOL.

1. By passing RA No. 11054, Congress provided a secondary organic act for the

autonomy of Muslim Mindanao in clear breach of Article X Sections 15 and 18

2. Thru the passage of RA No. 11054, Congress abused its discretion when it

effectively abolished the ARMM which was ratified thru a plebiscite, thereby

making it not an ordinary piece of legislation which Congress can easily

amend.

3. As stated by PhilConsa in their petition, the proceedings of the 1986

Constitutional Commission [which drafted the 1987 Constitution] indicate

that commissioners Fr. Joaquin Bernas, S.J. and Blas Ople clarified during the

deliberations of the commission that a constitutional amendment is the only

way to create a new and distinct autonomous region.36

4. In undoing a product of a plebiscite, Congress disregards the concept of

popular sovereignty enunciated in Article II Section 1.

5. The form of government to be installed under the new BAR (Bangsamoro

Autonomous Region) is a Parliamentary one. 37 This does not coincide with

Article X Section 15 of the Constitution which states that the government

system in the autonomous region shall have characteristics within the

framework of the 1987 Constitution. The form of government operating

36 “Philconsa asks court to declare BOL unconstitutional” by Dona Magsino/ LDF. GMA News Online, December
18, 2018
37 Official Gazette. [REPUBLIC ACT NO. 11054]. AN ACT PROVIDING FOR THE ORGANIC LAW FOR THE
BANGSAMORO AUTONOMOUS REGION IN MUSLIM MINDANAO, REPEALING FOR THE PURPOSE REPUBLIC ACT NO.
6734, ENTITLED “AN ACT PROVIDING FOR AN ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM
MINDANAO,” AS AMENDED BY REPUBLIC ACT NO. 9054, ENTITLED “AN ACT TO STRENGTHEN AND EXPAND THE
ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO”, signed July 27,2018

13
 under the 1987 Constitution is a presidential system as can be surmised from

Articles VI, VII and VIII. There is absolutely no compatibility. Ergo, the

Parliamentary government of the BAR is constitutionally infirm.

Thus, It is with a firm conviction that I stand with the argument of petitioners Tan and

PhilConsa that Congress is not allowed to abolish the Autonomous Region in Muslim

Mindanao through the Bangsamoro law, and it may only do so through an amendment

of the Constitution.38 Nowhere in our Political Law discussions has there been any

mention of any law which attributes upon Congress the authority to amend an existing

law [i.e. RA No, 6734] that was duly ratified by a plebiscite of the people.

As earlier mentioned, the issues involved in the constitutionality of the BOL are

eerily similar with those of the discarded MOA-AD in the landmark Province of North

Cotabato case.39 Even former Chief Justice Reynato Puno shares the same observation

stating that the same points of argument have already been raised when the

constitutionality of the MOA-AD was raised to which the Supreme Court struck it

down for proposing substantial amendments that were irreconcilable with the

Constitution and existing laws.40

VI. AFTERTHOUGHT

The Autonomous Region in Muslim Mindanao was supposed to represent the

ideals of all the Muslims in Mindanao and embody their aspirations for peace, progress

and development. However, its existence only served to mislead the people with false

hopes. It was designed to alleviate poverty but the region continued to be the most

distraught part of the country. It was crafted to battle corruption yet the seat of the

ARMM has only given rise to more incidents of graft and new forms of corruption from

its officials in its various offices. It was aimed to eradicate violence but lawlessness only

exacerbated in the entire region. The true nature of the ARMM is a total circumvention

of what RA 6734 of 1987 hoped to achieve in creating the autonomous region. The

38 “Congress cannot abolish ARMM” by Victor Avecilla, The Scrutinizer. Daily Tribune. December 23, 2018
39 Supra. See Note 16
40 “Petition vs BOL reminiscent of scrapped MOA-AD, says ex-chief justice.”ABS-CBN News, December, 13 2018

14
ARMM regional government is a classic example of a pathetic and useless tier in

government.41 In the words of Gilbert Teodoro, “It speaks for itself.”42

VII. CONCLUSION and RECOMMENDATION

Statutory construction states that when the spirit of the law ceases, the law ceases

in itself. The ARMM has utterly failed the law’s purpose for its creation. It has only

served to worsen the issues that it was meant to address. It has caused the country more

harm than good and has given all its Muslim constituents a graver image of marginality

and minority. Being devoid of its purpose and undoubtedly defective, it is, indeed, high

time that the ARMM is legally abolished. However, as a student of law, I am not

amenable to RA 11054 (BOL) as the proper solution given its Constitutional infirmities

both in its substance and the procedure of its enactment. As a Tausug native of the

province of Sulu and a constituent of Muslim Mindanao, I also oppose the BOL in terms

of its overall effect on the province of Sulu. It is almost apparent that the BAR is simply

a repackaged ARMM which carries with it all the hype simply due to its novelty.

However, the meat of it all is one and the same. Being constitutionally infirm by its very

core and nature, it will simply be a matter of time before we shall bear witness to its

inevitable failure. A recipe for disaster so to speak. It bears noting that the

implementation of the BOL falls upon the responsibility of a Bangsamoro Transition

Authority (BTA) which is predominantly composed of key officers of the Moro

International Liberation Front (MILF) who will act as stewards up until the moment

when the first election shall be held under the newly constituted Bangsamoro

Autonomous Region (BAR).43 The agreement states that when the anointed time comes,

the BTA shall peacefully vacate their posts and make way for the election process. 44 As a

personal critique, albeit a speculative one, I am in serious doubt that such an agreement

will be honored “to the tee” by the MILF. I am more inclined towards the concept of

Federalism which is the advocacy of no less than President Duterte himself. Arguably,
41 “Make or Break”. OPG Press Room. Office of the Governor. By Gov. Abdusakur Tan
42“ 'Gibo' joins calls for ARMM abolition.” by Edmar Panesa, Manila Bulletin. 20 December 2009.
43 Supra, See Note 37
44 Ibid.

15
Federalism proves to be more advantageous to the people of Sulu as WE are all in

unison for its realization.45

VIII. BIBLIOGRAPHY

Press Statement. OPG Press Room. Office of the Governor. Gov. Abdusakur Tan,
March 5, 2011

Republic Act 6734, “AN ACT PROVIDING FOR AN ORGANIC ACT FOR THE
AUTONOMOUS REGION IN MUSLIM MINDANAO. Lawphil.net

45 “Sulu rallies behind Duterte federalism advocacy” by DeskMan, the Mindanao Examiner, January 7, 2019.

16
http://mnlf.net/The_Tripoli.htm

http://www.iag.org.ph. Institute for Autonomy and Governance, Notre Dame

University, Cotabato City

“Population, poverty issues in ARMM tackled in forum” by Ed General, Zamboanga

Times, July 7, 2008

“Scams in ARMM bigger than thought” by Germelina Lacorte, Inquirer Mindanao

“ARMM removes 'ghost' employees, saves P208 million” by Jess Diaz, Philippine Star,
September 13, 2012

“Hataman seeks second term as ARMM governor”by Ferdinandh B. Cabrera,

MindaNews, October 16, 2015

“Hataman, Lucman re-elected in ARMM”, by Bong Garcia, SunStar Philippines, May

14, 2016

Zacaria A. Candao, et al v. People of the Philippines and Sandiganbayan, G.R. Nos.

186659-710, October 19, 2011

"The Ampatuan Massacre: A Map and Timeline" by Analyn Perez, GMA News,
November 25, 2009

“DOJ says verdict Ampatuan-Massacre may come before November 2019” by Lian
Buan, Rappler.com, August 08, 2019

‘Comprehensive Agreement on the Bangsamoro’ – A Roadmap to Peace in the

Southern Philippines?, by Anton Chan, Counter Terrorist Trends and Analyses, Vol. 6,
No. 3 (APRIL 2014), pp. 25-30. Published by: International Centre for Political Violence
and Terrorism Research.

“Full report: The Mamasapano Incident” Inquirer.net., March, 13, 2015

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“The Bangsamoro Organic Law: A Concrete Step towards Peace in Mindanao” by Asli
Ozcelik and Jenna Sapiano, Political Settlements Research Program, August 28, 2018.

The Province of North Cotabato v. The Government of the Republic of the Philippines
Peace Panel on Ancestral Domain, G.R. No. 183591 (14 October 2008).

“MILF jittery over BBL delay” by RG Cruz, ABS-CBN News, September 19, 2015

“BBL in PNoy’s SONA: 3 minutes out of 130-minute speech” by Carolyn O. Arguillas,

MindaNews-This is our Mindanao., July 28, 2015

“PNoy’s unfulfilled promise: Final peace deal with MILF” by Kathrina Charmaine
Alvarez, GMA News Online, June 28, 2016

“PNoy wants to have BBL passed under his term” ABS-CBN News, Jun 21 2015

“PNoy on BBL passage: Question of time” by Alexis Romero, PHILSTAR Global,

December 5, 2015

“Change is coming,’ give change a chance” by Julie L. Po, Inquirer.net, May 23, 2016

“Fast facts on the Bangsamoro Organic Law” by Beatrice Jilie Gutierrez, Philippine
Information Agency, February 12, 2019

“PEACETALK: The BOL is not a perfect law but it is the best now we have in our
common interest for peace, unity and progress” by Muslimin G. Sema, MindaNews,
January 19, 2019

Sulu asks SC to void Bangsamoro Organic Law, stop plebiscite. by Mike Navallo,
ABS-CBN News, October 31, 2018
Philconsa files 2nd petition vs BOL. by Edu Punay, The Philippine Star, December 19,
2018

Authorities report ‘peaceful’ BOL plebiscite. by Tajallih S. Basman, Gillian M. Cortez,

and Vince Angelo C. Ferreras. BusinessWorld. January 21, 2019.

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Sulu rejects Bangsamoro law: certificate of canvass. by Nickee Butlangan, ABS-CBN
News. January 23, 2019

The Official Gazette. 1987 Philippine Constitution.

“Philconsa asks court to declare BOL unconstitutional” by Dona Magsino/ LDF. GMA
News Online, December 18, 2018

Official Gazette. [REPUBLIC ACT NO. 11054]. AN ACT PROVIDING FOR THE
ORGANIC LAW FOR THE BANGSAMORO AUTONOMOUS REGION IN MUSLIM
MINDANAO, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 6734, ENTITLED
“AN ACT PROVIDING FOR AN ORGANIC ACT FOR THE AUTONOMOUS REGION
IN MUSLIM MINDANAO,” AS AMENDED BY REPUBLIC ACT NO. 9054, ENTITLED
“AN ACT TO STRENGTHEN AND EXPAND THE ORGANIC ACT FOR THE
AUTONOMOUS REGION IN MUSLIM MINDANAO”, signed July 27,2018

“Congress cannot abolish ARMM” by Victor Avecilla, The Scrutinizer. Daily Tribune.
December 23, 2018

“Petition vs BOL reminiscent of scrapped MOA-AD, says ex-chief justice.”ABS-CBN

News, December, 13 2018

“Make or Break”. OPG Press Room. Office of the Governor. By Gov. Abdusakur Tan

“ 'Gibo' joins calls for ARMM abolition.” by Edmar Panesa, Manila Bulletin. 20
December 2009.

“Sulu rallies behind Duterte federalism advocacy” by DeskMan, the Mindanao

Examiner, January 7, 2019.

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