Framework Agreement - Bangsamoro Case

Filipino-Moro relationship is one of the more continuing and prevalent issues of the Philippines. There has been much conflict between the two which have the same motives: the assimilation of Mindanao and the Islamic culture into Filipino culture and the desire for independence of the Moro (Abreu, 2008; Lingga 2008). Throughout the years, numerous attempts have been made to “improve” the Filipino-Moro relationship such as:

• The conquests of the Spaniards which were repeatedly thwarted by the Muslims (Abreu, 2008)

• The “pacification” done by the Americans which ended in more violence (Tan, 2010; Abreu, 2008; Lingga, 2008)

• The integration of the Moro into Filipino culture (Abreu, 2008)

• The formation of the Moro National Liberation Front (MNLF) and the Moro Islamic Liberation Front (MILF) (Abreu, 2008; Lingga 2008)

• Various agreements, such as the Tripoli Agreement and the Framework Agreement on the Bangsamoro

Recently, the Framework Agreement on the Bangsamoro, otherwise called as the Bangsamoro Framework Agreement (BFA), was conceived by the Philippine Government and the Moro Islamic Liberation Front as a way to replace the Autonomous Region in Muslim Mindanao (ARMM). The creation of the Framework Agreement on the Bangsamoro has been described by President Benigno Aquino III (2012) as “The way for a final, enduring peace in Mindanao”. The development of the Agreement has led to the hope of an actual peace in Mindanao.

However, much doubt has been raised in regards of the Agreement, particularly, in its capability of being enacted without the need for Constitutional Amendments. Various lawmakers, such as Senator Miriam Defensor-Santiago deemed the Agreement “unconstitutional”, saying, “How can you make a proposal or how can you pass a law that violates our existing Constitution? That would be an unconstitutional law” (Pulta & Rosales, 2012). Another lawmaker who has expressed misgivings about the Agreement is Senator Gregorio Honasan, who has expressed support of the Agreement “as long as it does not violate the constitution or territorial integrity” (Pulta & Rosales, 2012).

The constitutionality of the Agreement is vital for it to be enacted into law. As such, it is important to put the Agreement under scrutiny to see whether it can function within the constraints and limitations of the 1987 Constitution.

In line with that, this paper reviews various parts of the Agreement that has been deemed unconstitutional, citing arguments to defend such claims. The researcher considers the Framework Agreement on the Bangsamoro as unconstitutional; foreseeing a difficulty in its implementation unless amendments were done on the current constitution of the Philippines, the 1987 Constitution.

The