MANILA, Philippines—Justice Secretary Leila De Lima on Tuesday assured the constitutionality of the provisions on the administration of justice under the Bangsamoro basic bill.
During the Bangsamoro ad hoc committee hearing, De Lima said the bill’s provisions on the Shari’ah public assistance office, special prosecution service, Shari’ah academy, Shari’ah judicial and bar council, special bar examinations, as well as a system of ombudsmanship, among others, are consistent with the Constitution.
“The establishment of a polyvalent justice system in the Bangsamoro, one that would include the Shari’ah law, the traditional or tribal justice system, local courts is fully consistent with the Constitution,” De Lima said.
Justice Secretary Leila De Lima. INQUIRER FILE PHOTO
De Lima disclosed that as a Cabinet official, she was the President’s alter ego in the discussions over the drafting of the comprehensive Bangsamoro framework agreement that sealed the peace deal with the Moro Islamic Liberation Front (MILF).
“We believe that the proposed text of the Bangsamoro basic bill actualizes the agreement in a manner that is consistent with the Constitution and the overarching principles of the Philippine state,” De Lima said.
In a position paper, the DOJ said the establishment of a justice system in the Bangsamoro complies with the Constitution.
“We believe that there is nothing intrinsically objectionable in the establishment of a Bangsamoro justice as provided in the quoted draft…The establishment of a polyvalent justice system in the Bangsamoro is fully consistent with the Constitution,” the position paper read.
Under the bill, the Bangsamoro courts will exercise the Shari’ah law as its administration of justice.
“The justice system in the Bangsamoro shall consist of Shari’ah law which shall have supremacy and application over Muslims only; the traditional or tribal justice system, for the indigenous peoples in the Bangsamoro; the local courts; and alternative dispute resolution systems,” the bill read.
The bill also grants the power for the Bangsamoro government to create and manage jails, penal colonies, and other facilities that will be compatible to the facilities of the national government’s jail management and penitentiary system.
The Bangsamoro entity and the Central government will coordinate in the granting of the parole and executive clemency, according to the bill.
The House of Representatives is conducting consultations over the Bangsamoro basic bill that seeks to implement the peace deal with the MILF.
The bill seeks to replace the Autonomous Region in Muslim Mindanao with a new Bangsamoro entity.
Once the bill is passed, it would have to go through a plebiscite for ratification.