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    BARMMCase

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    Czandro Navida

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    BARMMCase

    Uploaded by

    Czandro Navida
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    Copyright:

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    Download as docx, pdf, or txt
    9 views5 pages

    BARMMCase

    Uploaded by

    Czandro Navida

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 5

    CASE SUMMARY:

    GR.NOS. 242255, 243246, AND 243693

    FACTS:
    THE STRUGGLE OF THE BANGSAMORO PEOPLE FOR SELF-
    DETERMINATION CAN BE TRACED AS FAR AS BACK AS EARLY DAYS
    OF IMPERIALISM. PEOPLE OF THIS AREA WERE TRULLY
    AFTER THE LONG PERIOD OF DELIBERATIONS AND NEGOTIATIONS
    FINALLY, AN AC
    THE SC RESOVLES THE CONSOLIDATED PETITIONS OF THE PROVINCE
    OF SULU (ONE OF THE MEMBER OF THE ARMM) FOR:
    1. CERTIORARI AND PROHIBITION WITH PRAYERS FOR
    TEMPORARY RESTRAINING ORDERS AND OR PRELIMINARY
    INJUNCTIONS FILED UNDER RULE 65 OF THE RULES OF THE
    COURT DECLARING R.A 11054 (BANGSAMORO ORGANIC LAW)
    UNCONSTITUTIONAL.
    2. ENJOIN THE CONDUCT OF A PLEBISCITE FOR ITS RATIFICATION
    (TO LEGALLY FORBID OR TO HALT THE ESTABLISHMENT OF THE
    PLEBISCITE THAT WILL RATIFY THE SAID ACT)

    BACKGROUND OF THE CASE:

    I. THE FORMATION OF THE AUTONOMOUS REGION IN MUSLIM


    MINDANAO

    A. (THE BIRTH OF MNLF)

    NAVIDA, C (2024). CONSTI-1 CD., GR.242255, 243246, 243693. SBU-MANILA


    THE STRUGGLE OF THE BANGSAMORO PEOPLE FOR SELF-
    DETERMINATION CAN BE TRACED AS FAR AS BACK AS EARLY DAYS
    OF IMPERIALISM.
    THE MASSACRE OF THE TAUSUG AND SAMA MEN OF THE
    PHILIPPINE ARMY OFFICERS (THE JABIDAH MASSACRE) GIVE RISE TO
    AN ARMED CONFLICT BETWEEN THE ARMED FORCES OF THE
    PHILIPPINES AND MUSLIM ARMED OPPOSITION. NOW, THIS
    MASSACRE GAVE BIRTH TO THE MORO SEPARIST GROUP SUCH AS
    THE MORO INDEPENDENCE MOVEMENT AND EVENTUALLY, THE
    MORO NATIONAL LIBERATION FRONT (MNLF).

    B. (THE TRIPOLI AGREEMENT OF 1976)


    THE DECLARATION OF THE MARTIAL LAW IN 1972 BECAME
    THE CATALYST OF THE REBELLION OF THE MNLF TOWARDS THE GRP
    (GOVT. OF THE REP. OF PHIL). NOW, AWARE OF THE DEEPER
    COMPLICATIONS THAT THE WAR MAY SPRANG TOWARDS HIS
    ADMINISTRATION, FERDINAND MARCOS SR. PURSUES THE TRIPOLI
    AGREEMENT (THE TRIPOLI AGREEMENT OF 1976) WHICH WILL
    PROVIDE PRINCIPLES FOR AUTONOMY FOR MUSLIM REGIONS
    PARTICULARLY IN THE SOUTHERN PORTION OF THE COUNTRY.
    (BASICALLY, THE AGREEMENT WAS FOR PEACE PURPOSES AND A
    DELIBERATION FOR FINDING A SOLUTION TO RESOLVE THE
    CONFLICT FOR ITS PERMANENT SETTLEMENT)

    C. (THE FIRST AUTONOMOUS REGIONS IN THE SOUTHERN


    PHILIPPINES)

    (NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by


    virtue of the powers vested in me by the Constitution, do hereby declare autonomy in Southern
    Philippines to be composed of the provinces of Basilan, Sulu, Tawi-Tawi, Zamboanga del
    NAVIDA, C (2024). CONSTI-1 CD., GR.242255, 243246, 243693. SBU-MANILA
    Norte, Zamboanga del Sur in Region 9, Lanao del Norte, Lanao del Sur, Maguindanao, North
    Cotabato, Sultan Kudarat in Region 12, Palawan in Region 4-A, and Davao del Sur and South
    Cotabato in Region II.) -Presidential Proclamation No. 1628.

    MARCOS ISSUED THE PR. PROC NO. 1628 TO IMMEDIATELY


    IMPLEMENT THE TRIPOLI AGREEMENT TO FINALLY DECLARE THE
    AUTONOMY OF SEVERAL PROVINCES IN THE SOUTHERN PHILIPPINES.
    A PLEBISCITE IS HEREBY ESTABLISHED TO EACH PROVINCE UNDER
    THE SAID AGREEMENT. RIGHT AFTER THAT, THE LEGISLATIVE
    BRANCH ENACTED BP.BLG.20 FOR THE CREATION OF THE REGIONAL
    LEGISLATIVE ASSEMBLY FOR REGIONS 9 AND 12 WHICH
    EVENTUALLY BECAME THE FIRST AUTONOMOUS REGIONS IN THE
    COUNTRY UNDER THE TRIPOLI AGREEMENT OF 1976.
    ( WHEREAS, in the course of said discussions, Col. M. Khaddafy proposed to break the
    impasse in the aforementioned negotiations with the declaration by President FERDINAND E.
    MARCOS of autonomy for the thirteen (13) provinces mentioned in the Tripoli agreement of
    December 23, 1976 within the realm of the sovereignty and territorial integrity of the Republic
    of the Philippines, the organization of a provisional government for such areas of autonomy, in
    which provisional government the concerned parties of the Moro National Liberation Front and
    the inhabitants of the areas of autonomy shall take part and the holding of a referendum by the
    provisional government concerning the manner in which the inhabitants within the areas of
    autonomy may wish to organize themselves administratively in accordance with the
    Constitution of the Philippines;). Presidential Proclamation No. 1628.

    (WHEREAS, on the following day, March 19, 1977, President FERDINAND E.


    MARCOS informed Col. Muammar Al Ghaddafi of his approval of the above proposal;.
    Presidential Proclamation No. 1628.

    D. (THE COLLAPSE OF THE TRIPOLI OF 1976 AND THE


    BIRTH OF THE MILF)
    IN APRIL 1977, THE PEACE TALKS BETWEEN THE
    GOVERNMENT (PR.MARCOS) AND THE MNLF COLLAPSED AND THIS
    PAVED WAY TO THE CREATION OF THE MILF (MORO ISLAMIC
    LIBERATION FRONT) A SECOND MUSLIM SEPARIST ORGANIZATION
    NAVIDA, C (2024). CONSTI-1 CD., GR.242255, 243246, 243693. SBU-MANILA
    E. (THE RATIFICATION OF 1987 CONSTITUTION AND R.A
    6734)
    AFTER MARCOS SR. WAS OUSTED TO HIS POSITION THE
    CEASEFIRE AGREEMENT BETWEEN THE MNLF AND GRP WAS
    PURSUED WHICH WAS SIGNED BY THE NEWLY PROCLAIMED
    PRESIDENT CORY AQUINO. ALSO, THE RATIFICATION OF THE 1987
    CONSTITUTION AND THROUGH THE ACT OF THE LEGISLATIVE
    AUTHORITIES LED THE FORMATION AND ENACTMENT OF R.A 6734
    OTHERWISE KNOWN AS AN ACT TO STRENGTHEN AND EXPAND THE
    ORGANIC ACT FOR THE AUTONOMOUS REGION OF MUSLIM MINDANAO.
    OF WHICH EVENTUALLY THE CATALYST FOR THE FORMATION OF
    THE AUTONOMOUS REGION IN THE MUSLIM MINDANAO
    MOVING FORWARD, PRESIDENT FIDEL V. RAMOS EXTENDED
    THE PEACE PROCESS BY ISSUING THE EXECUTIVE ORDER NO.125
    WHICH CREATED THE OFFICE OF THE PRESEDENTIAL ADVISER ON
    THE PEACE PROCESS WHICH PROVIDES A MORE SYSTEMATIC AND
    ORGANIZED PEACE TALK PARTICULARLY WITH THE MNLF.

    II. THE BANGSAMORO AS A JURIDICAL ENTITY

    F. (AN ALL-OUT WAR AGAINST THE MILF)

    PRESIDENT ESTRADA CONTINUED THE PEACE TALKS WITH THE MILF


    HOWEVER, IT WAS ONLY FOR CESSARTION

    NAVIDA, C (2024). CONSTI-1 CD., GR.242255, 243246, 243693. SBU-MANILA


    NAVIDA, C (2024). CONSTI-1 CD., GR.242255, 243246, 243693. SBU-MANILA

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