Constitutionality of MILF peace deal questioned

MANILA, Philippines - Two petitions were filed with the Supreme Court (SC) questioning the constitutionality of the Bangsamoro framework agreement forged by the government and the Moro Islamic Liberation Front (MILF).

Lawyer Elly Pamatong, the nuisance candidate in the 2004 presidential poll who scattered steel spikes along EDSA in 2004 to protest government’s refusal to issue rally permits to his supporters, filed the petitions, together with his group called International Ministries for Perfect and Party Against Communism and Terrorism Inc. (Imppact).

Pamatong filed the petition as a taxpayer and also as president of Imppact.

Vicente Libradores Aquino and Mercidita Redoble joined him in the petition.

Pamatong asked the SC to stop the implementation of the Bangsamoro framework agreement and also seek an explanation from President Aquino.

He, however, admitted in his pleadings that the parties have yet to come out with the annexes of the deal and make it final.

He alleged in his separate petitions that the government peace panel committed grave abuse of discretion, saying the Constitution only provides for Autonomous Region in Muslim Mindanao and the creation of a Bangsamoro region is nowhere cited.

He claimed that the government panel has usurped the power of Congress to enact, amend or repeal laws vested on it by the Constitution.

Pamatong said this is similar to the Bangsamoro juridical entity that was intended to be formed during the Arroyo administration but was struck down by the SC.

By replacing the ARMM with Bangsamoro, the government panel acted without or in excess of its jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction, the petitioners claimed.

The petition also assailed the description of the Bangsamoro government in the agreement as that of a ministerial form.

The framework agreement stipulated the creation of a Bangsamoro government in five provinces – Basilan, Maguindanao, Lanao del Sur, Sulu, and Tawi-Tawi and the cities of Marawi, Cotabato and Isabela and six other municipalities of North Cotabato.

“These provinces and cities are all covered by the 1976 Tripoli Agreement. Both the MNLF (Moro National Liberation Front) and the MILF are representing the same people and the same territory. Surely, the implementation of the framework agreement will nullify the 1976 Tripoli Agreement and the 1996 Final Peace Agreement,” Pamatong argued.