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Will joy turn to anger? MILF fghters rejoicing early this year with Aquino'sagreement with them.

The next frestorm to hit Aquino

The most recent blow to his presidency was the Supreme Courtsdeclaration that his Disbursement Acceleration Program (DAP isunconstitutional!

The next big frestorm that will hit him" and e#en engul$ thisadministration in political %ames" will be the Supreme Court&s decision

that his pact with the 'oro slamic )iberation *ront is patentlyunconstitutional" which would incite the slamic group into a paroxysmo$ #iolent anger against him!

+#en the most cursory reading o$ Aquino&s Comprehensi#e Agreementon ,angsamoro (CA, with the 'oro slamic )iberation *ront (')*#ery clearly shows it would lead to the creation o$ a 'oro nation-state. precisely the translation $rom 'alay ,ahasa o$ /,angsamoro0 . in12 percent o$ 'indanaos land area" said to be the most resource richpart o$ the island!

Any third-grader can tell you that creating another state under thePhilippine 3epublic is against the basic tenets o$ our Constitution!

4hen Aquino hurried that pact with the ')* he was gunning $or a shotat the 5obel Peace Pri6e and 7ust wanted by hoo8 or by croo8 any pactwith them so he can boast o$ 9ending one o$ Asia&s longest anddeadliest insurgencies"9 as the $oreign press re$erred to it!

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At that time he still had most o$ the country&s intelligentsia under hisspel that he thought he could bully the Supreme Court to appro#e hispatently unconstitutional agreement" especially as he had decapitatedit by impeaching out o$ o:ce its Chie$ ;ustice!

nder the CA," the ,angsamoro will be headed by its /Chie$ 'inister"0who almost certainly will be the ')* chairman!

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he is named as one o$ the $our people in 9whose presence9 the CA,was signed!

The ,angsamoro o#ernment is a parliamentary system $or the,angsamoro . which the Constitution does not pro#ide $or!

t is not e#en the Commission on +lections that will ma8e sure that the#oting will re%ect the 'oros genuine choice o$ their representati#es" asthe pact is completely silent on how the elections $or the Assembly willbe underta8en!

4hoe#er super#ises their elections" what armed $orce will ensure cleanelections $or the ,angsamoro ParliamentE t is the 9,angsamoro Police9to be created under the CA,F

')* fghters will not lay down its arms and instead will be con#erted

as the ,angsamoro police $orce" which will be under the control o$ itsChie$ 'inister!

Paragraph B" Part G o$ the /*ramewor8 Agreement on the,angsamoro0 reads /All law en$orcement $unctions shall be trans$erred$rom the Armed *orces o$ the Philippines to the police $orce $or the,angsamoro! Part A" paragraph one o$ the Annex on 5ormali6ationstipulates /)aw +n$orcement ! ! ! in the ,angsamoro shall be theprimary $unction o$ the police $orce $or the ,angsamoro!0

A /,angsamoro Police0 bra6enly #iolates the Philippine Constitutions

Section B" Article HG" which categorically pro#ides that there can beonly /one police $orce that shall be national in scope" to beadministered and controlled by a national police commission!0 Alsounder existing laws" the national police is super#ised by the 5ationalPolice Commission chaired by the interior and local go#ernmentsecretary!

Aquinos pact with the ')* is in sharp contrast to go#ernments IIBPeace Agreement with the 'oro 5ational )iberation *ront" whichspecifed that the insurgents would be integrated" a$ter strictscreening as to their qualifcations and a rigorous training program"

either into the Armed *orces o$ the Philippines or the Philippine5ational Police! At least J"@@@ '5)* fghters in $act 7oined the A*P andthe P5P" some o$ whom e#en $ought . a $ew 8illed . in frefghts withAbu SayaK terrorists!

The creation o$ a ,angsamoro police is another indication that the,angsamoro is not 7ust an /autonomous region"0 but it is a State" which

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the pact e#en specifes has an /asymmetric0 relation with the nationalgo#ernment!

The Constitutions requirement that there can be only one police $orce(and one armed $orces as students o$ political science will appreciate"

proceeds $rom one necessary $eature o$ a State" which is that it is thesole entity in a defned territory that has /the monopoly o$ thelegitimate use o$ $orce!0

The CA, with its f#e /annexes0 ignores the Constitution" as i$ it didntexist at all! This is e#en in the literal sense" as there is absolutely nomention at all o$ our Constitution in the CA,!

t merely states how the many pro#isions o$ the agreements will beunderta8en /4or8ing with other groups and sectors" the two partiesshall ensure the establishment o$ a new ,angsamoro political entity!0

There is e#en no mention o$ the Philippine Congress" e#en i$ thisinstitution has to pass the basic ,angsamoro law be$ore the CA, canbe implemented!

Aquinos negotiating panel committed to gi#e the ')* its own statecalled ,angsamoro! This is way beyond the ')*s wildest dreams" ande#en way beyond what the go#ernment agreed with the 'oro 5ational)iberation *ront three decades ago! And that was at the height o$ the'uslim insurgency and when oil-rich )ibya and other LP+C states arm-twisted the 'arcos go#ernment to gi#e in to demands o$ the '5)*!

The agreement" contrary what e#en $oreign media had portrayed doesnot mean that the ')* will soon lay down their arms" or be9decommissioned!9

The Annex on this topic says /The decommissioning o$ ')* $orcesshall be parallel and commensurate to the implementation of all theagreements of the Parties! (+mphasis added!

4ith no criteria agreed upon on what /commensurate0 entails" the')* could insist that its fghters will turn o#er its arms" or what is le$t

a$ter being renamed as /,angsamoro police&9 arsenal" only when the,angsamoro State is established . which is a$ter Congress passes the/,asic )aw0 to implement all the agreements" and a re$erendumunderta8en on the establishment o$ the new 'uslim state-within-astate!

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SE

Such re7ections by the Court could mean either he doesn&t understand

the Philippine Constitution" or that he thin8s" as his $an ina )ope6 hasarticulated" that it is 7ust 9a piece o$ paper!9

Gery li8ely now is that that 9piece o$ paper9 will bring Aquino down!

tiglao!manilatimesMgmail!com*, 3igoberto D!Tiglao