Renewed calls for the secession of Mindanao from the country are from a “fringe group” financed by the Duterte family to “shake” the national government, the Manila Standard learned as it sought comments from legal luminaries on the recent issue.
Retired Supreme Court Senior Associate Justice Antonio Carpio told the Standard that the group, which he said was funded by those related to former President Rodrigo Duterte, was riding on recent calls pushing for the separation of Mindanao from the Philippines, citing widespread corruption in the country.
“To fight disinformation, you must present facts and the truth,” Carpio noted when asked what the national government should do.
He noted that Article 1 of the 1987 Constitution defines national territory comprising of “the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas.”
Lawyer Michael Henry Yusingco, meanwhile, opined that the calls for Mindanao to secede “produce no legal outcome just talking about the matter,” noting that it is “protected speech and shouldn’t warrant any criminal indictments.”
Yusingco shared that “as per the requirements of the Montevideo Convention, this initiative lacks two requirements — namely, a government and the capacity to enter into relations with the other states.”
The Montevideo Convention is a 1933 international treaty that defines the basic legal criteria for what counts as a “state” under international law. It remains one of the most widely cited foundations for modern statehood, especially in discussions about recognition, sovereignty, and independence.
An expert on public policy, governance, and constitutional reform, Yusingco also believes secession will do nothing to address the widespread large-scale corruption in the country.
“This is a systemic problem that requires legislative reforms and also concerted law enforcement,” he added.
For his part, Associate Dean Paolo Tamase of the University of the Philippines College of Law said there is no legal basis to proceed with the secession.
“What our laws do provide is representation for Mindanao in Congress and many other branches of government. So, it’s also important to reflect on why the sectors pushing for this feel unheard,” he explained to the Standard.
Tamase firmly believes this would also not address the corruption issues in the country.
“It’s important to note that in the case of the flood control issue, there are anomalous projects in all island groups—Luzon, Visayas, and Mindanao. There are officials and contractors from all regions, with some of them even gaining their foothold via Mindanao. Corruption isn’t a phenomenon that’s isolated to a particular region,” he said.
The UP associate dean underscored the need to “look into the quality of our institutions and the people we elect to lead them.”
