Asymmetrical Relationship of Parliamentary Form of Government within Democratic-Republican

State: Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) within the Philippines

Political Law

Group Members:

Ampatuan, Mustapha Simeon E.

Arceo, Carmelia Coline B.

Jamito, Louie Andrei G.

Navarro, Maria Elisa Fe S.

Velasco, Krizza Mae F.

Date of Submission

October 4, 2019
 Abstract

The research provided aims to give the reader a bird’s eye view on what Bangsamoro is; what
type of government it is, its acceptability, how would it work with the central government and
how would it benefit the people of Philippines and Mindanao at large. Moreover, this paper also
aims to serve as a basis on whether the organic law is constitutional. The government cannot
clearly adopt a concept of a state within a state for federal government can only be allowed to
have that kind of associative relationship, although they say that one can argue the Asymmetry
relationship of the Central Government and the Bangsamoro.

Introduction

The Bangsamoro has progressed from being a framework into a bill and now an Organic Law
that gave birth to a new state, however questions of its constitutionality still remains. The
Constitution only states of a democratic and republican state. Constitutional experts like, Former
Senator Aquilino ‘Nene’ Pimentel Jr. said “It is submitted that to allow a part of the country to be
governed under a parliamentary form of government, when the Constitution, itself, proclaims
that the whole country has adopted the presidential form of government would be, to say the
least, incongruous,”. It may be in order to assume that a number of legal luminaries may not be
taken to the use of the word, asymmetrical, to describe the relationship between the
Bangsamoro Government and the Central Government, least of all the prescription for the
Bangsamoro Government as “ministerial in form” (IBP Journal, 2012).

On the other hand, the concept presupposes independence from the existing state and the
implementation of a different kind of governance that is in keeping with ‘Shariah’ or Islamic laws
(Catbagan 2013). Asymmetry theory explores the non-absolute but still significant difference
created by disparities in relative capacity and power. The basic ideas of the theory will be
sketched here, concentrating on two major points (Womack, 2004).To be sure, a ministerial
form of government for the Bangsamoro Government is a political antagonism to the
presidential system of government that underpins the collective political life of the nation (Cruz,
NYU Journal 2012). The effect of secession is not limited to the ancestral domain but also up to
the right of the moro of self-determination. According to Republic Act 11054, the Bangsamoro
region is free to pursue its political, economic, social, and cultural development.

Statement of the Problem

There are still underlying debates about the Constitutionality of the existence of Bangsamoro
Autonomous Region in Muslim Mindanao (BARMM) having a Parliamentary Form of
Government with a Ministerial System, when the Constitution strictly states for the Philippines to
have a Democratic and Republican State. During the plebiscite there are municipalities within
the region who argues that federalism should come first before the creation of the Bangsamoro.
Although Bangsamoro’s objectives are noble and valid, they believe that it should be pursued
within constitutional means. Whereas, for those pro-Bangsamoro argues that the current
constitution is not deaf with regard to the Bangsamoro struggle attain self-determination and
peace within the region.
 Definition of Terms

Government – The body that controls influences and regulates the affairs of the nation, state, or
community.

Bangsamoro – Those who, at the advent of the Spanish colonization, were considered natives
or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands, whether of
mixed or full blood, shall have the right identity themselves, their spouses and descendants, as
Bangsamoro.

Asymmetry – lack of equality or equivalence between parts or aspect of something; something

of symmetry.

Democratic and Republican State – is a form of government where sovereignty resides in the
people and all government authority emanates from them.

Parliamentary Democratic State – shall have the power to reconstitute by law the parliamentary
districts apportioned among the provinces, cities, municipalities, and geographical areas of the
Bangsamoro Autonomous Region to ensure equitable representation in Parliament.

Ministerial – is a form of a parliamentary government. In a ministerial form, the political positions

are different from the usual the head would be called Chief Minister which will be chosen among
the assemblymen.

Objectives

1. To understand the relationship of the Central Government and Bangsamoro Autonomous

Region in Muslim Mindanao (BARMM).

2. To know the difference of the form of government between Central Government and
Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).

Significance of the Study

This research aims to provide future information regarding the topic of having two different form
of Government within a state. There are still underlying debates about the Constitutionality of
the existence of Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) having a
Parliamentary-Democratic Form of Government with a Ministerial System, when the Constitution
clearly states for the Philippines to have a Democratic and Republican State.

Scope and Limitations

This study will focus on what truly Bangsamoro is and what type of government it is. Also, it
focuses on the understanding of the relationship between Central Government and Bangsamoro
Autonomous Region in Muslim Mindanao (BARMM). Thus, it also provides the information in
knowing the differences of form of government of both Central Government and Bangsamoro
Autonomous Region in Muslim Mindanao (BARMM). In addition, this study shows the
confrontation of the acceptability on how its exertion would benefit the people of the Philippines
specifically Mindanao. Moreover, future information regarding the topic of having two different
forms of government within a state will be in the scope of the study. Furthermore, Bangsamoro
is a fate entwined with our entire country.

Discussion

Review on Related Literature

Bangsamoro

i.) The Framework declares that the new Bangsamoro political body (BG) shall be
established to replace the ARMM. It also plainly declares that its form of government
shall be “ministerial,” without further elaboration—but it is being explained to be
parliamentary by the GPH and representatives of MILF to the media. It shall be
governed by the BBL, succeeding the Organic Act that established the ARMM. Its
territory shall be composed of the present geographical area of ARMM plus at least
12 other municipalities Interestingly, the Framework also expands the definition of
the “Bangsamoro” people or identity to include all descendants of original inhabitants
of Mindanao, Sulu, and Palawan Islands, at the time of colonization, and that they
shall have the right to identify themselves as Bangsamoro by ascription or self-
ascription. Under the ARMM’s Organic Act, the Bangsamoro people are defined as
Filipino “citizens who are believers in Islam and who have retained some or all of
their own social, economic, cultural, and political institutions.” Hence, Fr. Bernas
opines that the more specific definition of the Bangsamoro identity under the ARMM
Organic Act is more “acceptable” considering that the Framework consolidates the
identities of other indigenous peoples of these islands, who may not be of the Islamic
faith, with the Bangsamoro. The expanded definition under the Framework is a
sweeping generalization, considering that in the island of Mindanao alone, there are
around 18 non-Muslim indigenous ethnic groups, collectively known as the “Lumad,”
with a population of approximately 9 million. However, in the current territory of the
ARMM, the Lumads are clearly a minority, numbering around 60,000—accounting for
2% of the population, while the Muslims’ approximate number of 2.5 million account
for 90%. (Cruz, NYU Journal 2012).
ii.) The Central Government will have reserved powers, the Bangsamoro Government
shall have its exclusive powers, and there will be concurrent powers shared by the
Central Government and the Bangsamoro Government. It was therefore the
objective of these Muslim liberation movements to claim these rights to ancestral
land and self-determination from Christian settlers in Mindanao as well as from the
Philippine government. Literally, Bangsamoro means Muslim (“Moro”) nation
(“bansa” or “bangsa”). On the one hand, the concept presupposes independence
from the existing state and the implementation of a different kind of governance that
is in keeping with ‘Shariah’ or Islamic laws. More importantly, Bangsamoro highlights
the creation of a Muslim homeland where Muslims can exercise power and authority
over their own systems of governance (“GRPMILF draft pact on Bangsamoro
homeland”, 2008). However, the concept has also been linked to violence and
conflict, as Muslim liberation groups have used the concept as their battle cry as they
engage in armed fighting against the Philippine government.(Catbagan, 2013 ).
iii.) In a presidential form of government, the national leadership is elected by popular
suffrage, while the contrary obtains in a ministerial and parliamentary form of
government where, as is the practice in countries influenced by Great Britain, the
mother and originator of the ministerial and parliamentary system, the head of
 government or the prime minister or chief minister is elected by an electoral body of
deputies or a legal corporate that also wields the power of recall. But this legal issue
was anticipated by the 1987 Constitutional Commission that drafted the Constitution
(IBP, 2012).
iv.) Moreover, the act provides for compliance with international human rights laws, bans
discrimination based on gender, creed, or ethnicity, and makes several attempts at
inclusion for women and for the non-Muslim indigenous populations in within the
proposed area. These provisions include reserved seats (though limited) for women,
youths, and indigenous peoples, and the implementation of customary laws by
indigenous groups. It is clear that the draft has taken into consideration the likely
human rights concerns involved. Though both the Christian population and the non-
Muslim indigenous population in the region expressed unwillingness to support the
original BBL proposition (especially since the area covers certain Christian-
dominated cities), the provisions outlined above as well as the insurance that laws
will only be implemented over those identifying as Bangsamoro seem to have
somewhat diminished opposition (Holmes, 2018).
v.) It will likely take years or even decades for the Filipino body politic to develop the
culture and maturity to peacefully and civilly allow the Bangsamoro people to
undertake the kind of credible democratic exercise, just like the Scotland and
Quebec referenda. Incidentally, in both these referenda, the votes against secession
won but only by thin a margin. But of course, the results could be different the next
time around because of an increase in the substantial support for independence in
both cases. What is particularly notable and, perhaps, more important for such
exercises was the maturity and respect shown by the people in favor of secession for
the people's will. Perhaps, the Bangsamoro's envisioned experience, in a chosen
parliamentary or ministerial form of government based on genuine political parties,
will produce good examples and lessons for the rejuvenation of the Philippine
political culture (Santos, 2015).

Asymmetry Theory

i.) Asymmetry theory explores the non-absolute but still significant difference created by
disparities in relative capacity and power. The basic ideas of the theory will be
sketched here, concentrating on two major points. The first is that, contrary to
multipolarity theory, the disparities between states can create fundamental
differences of perspective between the more powerful and the less powerful
(Womack, 2004). Womack ascribes the two nations' radically different perspectives
on their shared relationship to this underlying principle of asymmetry (Anderson,
2006).
ii.) It may be in order to assume that a number of legal luminaries may not be taken to
the use of the word, asymmetrical, to describe the relationship between the
Bangsamoro Government and the Central Government, least of all the prescription
for the Bangsamoro Government as “ministerial in form” (IBP Journal, 2012).A
sample situation in this study will apply Brantly Womack’s theory of asymmetry to
explain this paradox with specific focus on the South China Sea.

Analysis

A1: Bangsamoro is a parliamentary form of government with a ministerial system, this aspect of
the Bangsamoro Basic Law is contentious. The Presidential system is what the constitutions
states as the form of government that Philippine should adopt. In Presidential system the head
of the state shall be the President and shall have the executive powers. The Presidential system
elects its head thru popular votes unlike in the Bangsamoro where they elect the head thru the
votes of the assemblymen who were voted by the people thru popular votes.

A2: The said theory has the assumption that there is the existence of a powerful state
dominating a weaker state within its jurisdiction, which is one of the principle that relates to the
connection of the Bangsamoro Government and the Central Government. It show how the a
government within a government co-exist and it shows the strict scrutiny on the dominant
government on the process of forming Bangsamoro to achieve long term of peace.

Conclusion and Recommendation

The fate of Bangsamoro is a fate intertwined with our entire country. The form of government is
valid such that the chief minister and the other official are elected and not appointed, what is
being frowned upon by our constitution is that the appointment of the minister which goes
contrary to our democracy. Sections 1 and 15, Article 10 of the Constitution mandatorily
provides for an autonomous region in muslim Mindanao in accordance with the peoples cultural
heritage and within the framework of the Constitution. The Law is not deaf with regard to the
Bangsamoro struggle. Bangsamoro is a more accurate depiction of the Constitution compared
to ARMM. The purpose of which is to address the grievances of the Bangsamoro people, this is
in accordance of Article 10 and their cultural heritage. It is provide in Article 13 that the mandate
of the congress is to enact measures that remove cultural inequities by equitable defusion of
wealth and political power.

Democracy does not only represent the will of the majority. It also gives due to the will of the
minority without prejudicing the interest of the majority.
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