The Philippine Constitutional Association has asked the Supreme Court to declare as unconstitutional the recently enacted Republic Act 11054 otherwise known as the Bangsamoro Organic Law.
In a petition filed Dec. 11, Philconsa through its chairman Manuel M. Lazaro urged the Court to declare the law as unconstitutional even as it accused Congress of committing grave abuse of discretion in passing it.
The suit of Philconsa, an organization of law experts created to defend and protect the 1987 Constitution, is the second petition seeking to strike down Republic Act 11054.
The first petition was filed by Sulu Gov. Abdusakur Tan II in October. The Court has ordered the Office of the Solicitor General to answer the petition.
The lawyers’ group argued that the law violates Sections 18 and 19 of Article X of the 1987 Constitution, which provides for the enactment of only one Organic Act to establish the Autonomous Region in Muslim Mindanao.
They argued that establishing a parliamentary form of government in the Bangsamoro Autonomous Region in Muslim Mindanao violates the Constitution, which specifically recognized only the Autonomous Region in Muslim Mindanao and the Cordillera Autonomous Region.
“It is indubitable the ARMM and the Cordilleras were created by the Constitution. They are the only autonomous regions recognized by the Constitution. The BARMM was created by Congress in violation of the Constitution… Any exercise of power of the legislative and the executive departments or any of their respective functionaries beyond what is circumscribed by the Constitution and law is unconstitutional, and a nullity,” the petition stated.
Philconsa also appealed to the Court to immediately issue a temporary restraining order to prevent the executive branch from “implementing RA 11054 and for receiving and disbursing any funds arising from, connected with or related to the unconstitutional and unlawful law.”
The petition named as respondents Executive Secretary Salvador Medialdea, members of the Senate and the House of Representatives, headed by Senator Vicente Sotto III and House Speaker Gloria Macapagal Arroyo, respectively.
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