SC to decide on Bangsamoro law’s constitutionality

“We will let the Supreme Court decide on that matter. As we said, we will always defer to the other branch of the government,” Panelo said in a Palace briefing. (File Photo: Office of the Presidential Spokesperson/Facebook)

MANILA — Malacañang said Tuesday it will let the Supreme Court (SC) decide on the constitutionality of the Bangsamoro Organic Law (BOL) after a group of framers of the 1987 Constitution asked the high court to declare it unconstitutional and void.

Presidential Spokesperson Salvador Panelo made this remark after the Philippine Constitution Association (Philconsa), in a petition filed on December 11, questioned the legality of the BOL (Republic Act No. 11054), which forms the Bangsamoro Autonomous Region to replace the Autonomous Region in Muslim Mindanao (ARMM).

Philconsa claimed that BOL violates the 1987 Constitution as only an amendment to the Charter would allow the creation of a new autonomous region.

Panelo, however, said Malacañang will keep its hands off the matter, citing the sub judice rule that restricts comments and disclosures pertaining to judicial proceedings to avoid prejudging the issue, influencing the court, or obstructing the administration of justice.

“We will let the Supreme Court decide on that matter. As we said, we will always defer to the other branch of the government,” Panelo said in a Palace briefing.

“I said we will defer to the Supreme Court. It’s sub judice so we will not make any comment on that,” he added.

On July 26 this year, Duterte signed the BOL, which seeks to establish a new Bangsamoro political entity to replace the ARMM and achieve national rapprochement with the Moro rebel groups.

Formerly known as the Bangsamoro Basic Law, the BOL is premised on the Comprehensive Agreement on the Bangsamoro, a signed peace deal.

He urged Filipinos to give the BOL a chance to succeed in providing the Bangsamoro more autonomy, and at the same time keep the country “indivisible.”

Duterte expressed hope that the BOL would be ratified during its plebiscite on January 21, 2019.