By Jefferson Antiporda
Manila Times
There is a big chance that the Supreme Court (SC) may declare the proposed Bangsamoro Basic Law (BBL) unconstitutional because President Benigno Aquino  has no authority to enter into a peace negotiation with the Moro Islamic Liberation Front (MILF), Sen. Miriam Defensor-Santiago said.
Santiago also sees as irrelevant, moves by Malacanang or Congress to set a time frame for passage of the proposed law because the constitutionality of the BBL will surely be questioned at the High Court.
The senator said the president does not have the authority to negotiate with another party for the creation of a sub-state. She noted that the agreement signed between the government and the MILF in March 2014 that eventually led to the drafting of the BBL, is not binding.
Santiago, a constitutional law expert, believes that the establishment of a Bangsamoro government is akin to the creation of a sub-state.
The senator explained that Aquino does not have the sole power to negotiate on foreign policy. In fact, she said, the president needs the concurrence of Congress, specifically the Senate, to ratify a treaty.
“Even if the president already ratified a treaty, it (the treaty) cannot come into force in our country unless the Senate concurs in the ratification, so this shows that the Constitution says that foreign policy power must be equally shared between the president and Congress (Senate),” Santiago added.
She pointed out that if the Constitution required the concurrence of the Senate on matters regarding foreign policy, the chamber’s approval would also be needed if the president authorised a so-called peace process. Santiago questioned the authority of the MILF to represent the Bangsamoro or the entire Islamic people within Philippine territory.
She explained that aside from the MILF, there are other groups that have surfaced and that raises the question of which among them has the authority to claim that it represents the people in region.
“The first thing that would happen the moment the Bangsamoro law is passed is there will be internal war, another non-international armed conflict and this time it will be among those claiming to be leaders in the region,” the senator said.