What is Wrong with the BBL?

I have been spending the last year reviewing for this year's Bar exam, but after the events like Mamasapano, the presence of an MILF camp in Iligan (not part of the ARMM!), and the attack on farmers in North Cotabato, I decided to do something about this whole foolishness.

Many of you haven't read the BBL and I've decided to share this link with you here for your benefit. Go ahead and download it.

I am from Mindanao, but I am not a muslim. Let me set the record straight for all of you. Although the majority of Filipino muslims are from Mindanao, the majority of people of Mindanao are  not muslim! There are more Visayan-speaking peoples, as well as the lumads (non-muslim indigenous people,) living here in Mindanao. If there is any group that can claim the original occupancy of Mindanao, it is the lumads. The lumads were here first; then the Visayans, who later converted to Christianity when the Spanish came; then the muslims in the 1300's. 

I am against the BBL. The BBL is unconstitutional.

I will center my argument against the BBL on the following grounds:

1.) Separation of church and state

2.) Non-delegation of powers

3.) Art. 11 of the BBL

1.) Separation of Church and State

The principle of separation of church and state is a basic democratic principle.  It doesn't matter what the religious establishment is (Christian, Muslim, etc.,) the religious sector is prohibited from meddling in purely secular affairs. By the same token, the state is prohibited from favoring any religion to the exclusion of others.

The BBL violates the separation of church and state by the creation of a Shariah legal system (Art. 10.) While the text says that Shariah law shall apply only to muslims, it must be remembered that Shariah is religious law. Sec. 4 of Art. 10  enumerates the sources of Shariah law:

a.) The Quran

b.) The Sunnah

c.) The Qiyas

d.) The Ijma

These are all religious texts. Even if the BBL states that the Shariah will only apply to muslims, the mere fact that such a provision is inserted into the legal system circumvents the principle of separation of church and state.

Under the principle of separation of church and state, the state cannot interfere in religious matters. The only exception is when religious sentiments are offended because offending religious sentiments is a violation of the universal freedom of belief; therefore the state can intervene in such a case.

But the BBL is different.  Religious law must be exercised within the confines of one's own religion and the state has no power to enforce it.

2.) Non-delegation of Powers

Another important principle of a mature democracy is the non-delegation of powers. This stems from another constitutional principle known as separation of powers. In separation of powers, the powers of the executive department, the legislature and the judiciary are clearly spelled out and neither department can encroach upon the other. This requires the creation of a check and balance system to prevent abuse.

Out of this separation of powers comes non-delegation of powers. Potestas delegata non delegari potest, a power once delegated cannot be delegated further; that is a universal legal principle. If, for instance, the power to legislate has been delegated to the legislature then the legislature cannot further delegate that same power to another body. The legislature may allow subordinate legislation (read: ordinances,) but never co-equal legislation.

The BBL runs against this by stating under sec. 2 of Art. 7 expressly that the Bangsamoro Parliament can enact laws. It even provides, under sec. 13 of Art. 12, for the enactment of a separate tax code! Art. 11 of the BBL also provides for the creation of a separate police force; we will take that up in the next paragraph.

3. Art. 11 of the BBL

Art. 11 of the BBL provides for the creation of a separate police force which, under sec. 2 (1,) is supposedly under the PNP. Under sec. 8 the Chief Minister of the Bangsamoro's powers over this separate police force are spelled out, including the powers of control, supervision and discipline. 

Under sec. 5, complaints against the Bangsamoro police may be appealed to the PNP, but this creates a problem. Since the Chief Minister exercises such tremendous powers over the Bangsamoro police, what is going to happen in case of a conflict between the Chief Minister and the PNP? Such conflicts will happen if the BBL is passed into law.

These principles that have been violated are known by lawyers the world over; they are an integral part of the Rule of Law. I reiterate: the BBL is unconstitutional. You can read more info on its flaws here.

Here's another analysis of the BBL; follow the link.