Here are some of the issues against the Framework Agreement on the Bangsamoro found by Lawyer Perfecto Yasay Jr., former chairman of the Securities and Exchange Commission.

1. It conveniently fails to uphold the Constitution, and overlooks inviolate provisions on sovereignty and territorial integrity.

2. The model for Bangsamoro exceeds the legal parameters for autonomous regions and requires entrenching its electoral system with distinct attributes inappropriate for our presidential system but more resembling the ministerial or parliamentary mold of neighboring countries like Malaysia.

3. It seeks constitutional amendments to confirm the legality of a Framework Agreement instead of the Framework Agreement conforming to the Constitution.

The following are the significant powers granted to Bangsamoro:

a). Internal security and defense by acknowledging that “defense and external security” is the power of Central Government through the simple expediency of omitting “national” from “defense and security” used in the ARMM Organic Act.

The Framework Agreement cleverly substitutes the phraseology “National Defense and Security” used in RA 9054 with the words “defense and external security”, thereby limiting Central Government’s duty to just protecting the nation from outside security perils similar to foreign invasion, occupation or attacks, excluding the suppression of internal security threats like the Muslim rebellion and communist insurgency, which impact on national security.
 
b). Minor offenses, commercial transactions, personal property matters and family relations covered under Sharia Law and exclusively involving Muslims are ceded to ARMM as part of the Administration of Justice.

However, the Framework Agreement completely removes “Administration of Justice” from the reserved powers of Central Government and expressly recognizes the supremacy of Sharia Law and its applicability to all Muslims as well as providing for the establishment of judicial bodies under a Justice System for all inhabitants in Bangsamoro.

Obviously, this duality of norm and standard of justice cannot work under the constitutional principle that no one shall be denied equal protection under the law.

c). Equitable sharing of power and wealth under the Framework Agreement grants equal control and supervision of all natural resources. All revenues generated through their exploration, development and utilization are to be divided between the Parties. However, there are express provisions vesting Bangsamoro with exclusive authority to develop a comprehensive program for the sustainable development, conservation and utilization of natural resources that would seem to sustain the view that control and supervision over these matters has been ceded from Central Government.

The proposed formula on wealth sharing is that 75 percent of revenues will be apportioned to Bangsamoro while the remaining 25 percent will go to the Central Government.

d). The Framework Agreement calls for a Basic Law that will be formulated by the Bangsamoro people through a Transition Commission. Upon its passage by Congress and its ratification by the qualified voters within the autonomous territory, the interim Bangsamoro Transition Authority will start performing its functions. It will be replaced upon the election and assumption of the members of the Bangsamoro Legislative Assembly and the organization of the Bangsamoro government in 2016.

This measure will be certified as urgent by the President and it is not clear whether Congress would merely act as a rubber stamp in its approval and not risk violating the Framework Agreement by introducing changes.

e). The Framework Agreement ignores the basic premise that under Sharia Law government and religion are so interwoven and inconsistent with the enshrined principle of the separation of the Church and State and the non-establishment of any religion and the free exercise thereof under the Constitution.

And yet, the establishment of a system of Justice founded upon the supremacy of Sharia Law in Bangsamoro will violate the constitutional prohibition.

d). Paragraph I, [4] of the Framework Agreement provides that the relationship of Central Government and Bangsamoro Government shall be asymmetric– the antonym for symmetric.

In plain usage, symmetry implies equality, harmony and balanced proportion in the correlation of parts in a structure. This synchronization in relationship will make the assimilation of diverse culture, values and tradition in the system natural and predictable.

Asymmetric affiliation, on the other hand, is dysfunctional, divisive and impaired making assimilation extremely difficult if not impossible.

By keeping the connection of Central Government and Bangsamoro asymmetric, we are preparing and enabling a large portion of an integral territory of the Philippines for secession when this relationship fails.