De Lima insists on constitutionality of justice system under Bangsamoro Basic Law

Justice Secretary Leila De Lima on Tuesday maintained that the establishment of an autonomous justice system under the proposed Bangsamoro Basic Law (BBL) is in accordance with the Constitution.

 

At the hearing of the House of Representatives Ad Hoc Committee on the BBL, De Lima said the 1987 Constitution recognizes the authority of the Autonomous Region in Muslim Mindanao (ARMM) to develop its own justice system.

 

The BBL, which is currently being deliberated in the House of Representatives and the Senate, will serve as the legal basis for the creation of the Bangsamoro political entity which is set to replace the ARMM.

 

“We have no doubt that the provisions of this draft law comply with the spirit of the Constitution,” De Lima said.

 

Article 10 of the BBL as contained in House Bill No. 4994 provides for the establishment of a Bangsamoro justice system which “shall consist of a Shari’ah law and Shari’ah courts 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.”

 

“For Muslims, the justice system in the Bangsamoro shall give primary consideration to Shari’ah and customary rights and traditions of the indigenous peoples in the Bangsamoro” Section 1 Article 10 of the BBL states.

 

De Lima said several provisions of the Constitution explicitly recognize the rights of the Autonomous Region to establish its own systems and institutions, including those that are judicial in nature.

 

“We submitted that the establishment of a justice system in the Bangsamoro, one that would include the Shari’ah Law, the traditional or tribal justice system, local courts and alternative dispute resolution is fully consistent with the Constitution,” De Lima said, reading a copy of the DOJ’s position paper submitted to Ad Hoc Committee on Monday.

 

De Lima specifically cited Article 10 Section 15 of the Constitution which recognizes the “distinctive, historical, cultural heritage and other relevant characteristics of the Autonomous Regions of Muslim Mindanao and Cordillera.”

 

De Lima also cited Article 14 Section 17 of the Constitution which recognizes the rights of the indigenous cultural communities “to develop their own culture, traditions and institutions.”

 

De Lima also pointed out that Article 10 Section 20 of the Constitution also provides the Autonomous Regions powers over legislative matters and “other matters as may be authorized by law.”

 

“Section 20 of Article 10 enumerates the matters that can be allocated by Congress to the Bangsamoro legislature. It also has a catch-all provision which states ‘as other matters as may be authorized by law,'” De Lima pointed out.

 

“In general, your honors, it is our stance that the Constitution itself permits and implicitly contemplates what the draft (Bangsamoro Basic) Law would establish—a legal system in the Bangsamoro that is plural and particular in content, informed by universal norms of justice and human rights...and all these subject to the supremacy of the Constitution,” De Lima said. —KG, GMA News