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Congress will soon be formulating the law that will implement the desires expressed in the Framework Agreement on the Bangsamoro for a Bangsamoro government. Even before the debate goes to Congress, various sectors are discussing what problems the implementation of the Framework might encounter when face to face with the Constitution.
One question I have heard raised is whether the Constitution allows a ministerial form of government. But why is the question being asked? I think it is because the Bangsamoro government will be a local government and the form of local government we are used to is the structure which consists of a single executive and a legislative body. But the answer to the question being raised should be found in what the current Constitution says.
The structure of local governments we are accustomed to consists of a single executive, whether mayor or governor, and a legislative body. It is patterned after the national government which has a president and Congress. But there is nothing in the Constitution which prescribes that this pattern be followed for local governments. What Article X says is that “The Congress shall enact an organic act for each autonomous region with the assistance and participation of the regional consultative commission composed of representatives appointed by the President from a list of nominees from multisectoral bodies. The organic act shall define the basic structure of government for the region consisting of the executive department and legislative assembly, both of which shall be elective and representative of the constituent political units. The organic acts shall likewise provide for special courts with personal, family, and property law jurisdiction consistent with the provisions of this Constitution and national laws.”
What the provision says is that the structure of government shall consist of “the executive department and legislative assembly, both of which shall be elective and representative of the constituent political units.” While these shall be “elective and representative of the constituent political units,” it does not say what the executive department should consist of, that is, whether the executive should be elected directly by the people or chosen by the legislative assembly the way a prime minister is chosen or whether the legislative department should be patterned after the Cabinet in the British system. What the executive and legislative departments will look like can be determined by Congress.
x x x.."
Read more: http://opinion.inquirer.net/71350/live-questions-about-bangsamoro#ixzz2suOciG7i
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