The Framework Agreement (FA) that was signed between the Philippine Government (GPH) and the Moro Islamic Liberation Front (MILF) on October 15, 2012 defines the areas of coverage of the “emerging” Bangsamoro New Political Entity (NPE).
Section V: on Territory, Article 1 states that the “Bangsamoro shall be composed of:
(a) the present geographical area of the Autonomous Region in Muslim Mindanao (ARMM);(b) the Municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan and Tangkal in the province of Lanao del Norte and all other barangays in the Municipalities of Kabacan, Carmen, Aleosan, Pigkawayan, Pikit and Midsayap that voted for inclusion in the ARMM during the 2001 plebiscite;(c) the cities of Cotabato and Isabela; and\(d) all other contiguous areas where there is a resolution of the local government unit or a petition of at least ten percent (10%) of the qualified voters in the area asking for their inclusion at least two months prior to the conduct of the ratification of the Bangsamoro Basic Law and the process of delimitation of the Bangsamoro as mentioned in the next paragraph.
I purposely put the last phrase in bold letters to show the ambiguity on who shall ratify the Basic Law. The next paragraph referred to specifies the manner by which the Basic Law will be drafted by the Transitional Commission. The Basic Law would go “through a process of popular ratification among all the Bangsamoro within the areas for their adoption” (Sec. V, Art. 2). The phrase “among all the Bangsamoro” limits the ratification of the Basic Law. It seems to collide with Section II: on Basic Law, Section 4 that specifies that the Basic Law shall be “ratified by the qualified voters within its territory.” The former limits the ratification among all the Bangsamoro, and the latter expands the ratification to include all the qualified voters within its territory, unless the definition of the word “qualified” in the said phrase refers only to the Bangsamoro.
The other question people raised is the definition of the phrase: “contiguous areas.” First, the word “area,” does it refer to municipality or barangay or both? Would it also include “sitio” and “community”? The other word that requires definition is “contiguous.” Does it mean adjacent to the core territory as defined in the FA and later on in the Basic Law? Some understand it as “adjacent to the present geographical area of the ARMM” (letter “a” in Article 1, Section V), while others understand it as adjacent to all the areas enumerated above. Whichever the case, the Basic Law needs to clearly specify or define the said phrase to avoid any ambiguity.
There is yet another provision in the FA on Territory that people ask for clarification. This is Article 3 which says areas that “are contiguous and outside the core territory where there are substantial population of the Bangsamoro may opt anytime to be part of the territory upon petition of at least ten percent (10%) of the residents and approved by a majority of qualified voters in a plebiscite.”
There is also the jurisprudence on the counting of votes for inclusion or exclusion in a plebiscite on Organic Act. In the two cases of RA 6734 and RA 9054 as well as in the case of the failed Organic Act in the Cordillera, the counting of votes is on the basis of plurality in a PROVINCE and CITY. Municipalities and barangays do NOT constitute separate and distinct units outside of provinces and cities. The principle behind the said jurisprudence is the fact that the whole province or the whole city would be affected by the said inclusion or exclusion process thus all qualified voters in the said province or city need to give their assent or dissent on the subject.
Would the plebiscite envisioned in the ratification of the Basic Law radically change the counting of assents to the inclusion and exclusion process? If yes, on what basis would the said change be introduced without violating the constitutional guarantee in any plebiscite for creating, dividing, inclusion or exclusion of territories or areas? No doubt, the final and definitive version on the subject will be the Basic Law. Though the Transitional Commission shall draft the said law, it is the Congress of the Republic of the Philippines that will have the final say since it shall enact the said law. Ultimately, it will be the qualified voters in the said territory who would have the final say. They have to give their assent for inclusion or exclusion in the process either by voting “yes” or “no” to the Basic Law. Only areas where the “yes” votes have the plurality would be included in the Bangsamoro New Autonomous Political Entity.
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