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THE BANGSAMORO POLITICAL STATUS: A 110-YR OLD QUESTION |
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Written by Suharto Ambolodto
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Saturday, 26 July 2008 |
The crux of the Bangsamoro Right to Self-Determination is the Political Status Question.
The Question is often couched in such fashion as if to inquire whether the Bangsamoro still desires to retain their Philippine citizenry or that they be provided the privilege of determining whether to stay Philippine citizens.
The question presupposes that the Bangsamoro are Filipinos.
While nationality and ethnicity maybe a historical or sociological question, citizenship is purely legal, constitutional at best.
To determine who the Philippine citizens are, we must refer to the most basic of all legal documents – the Constitution.
Section 1, Article IV of the 1987 Philippine Constitution clearly states that the Philippine citizens are those who are naturalized so in accordance with law, those born before 17 January 1973 of Filipino mothers and has elected Philippine citizenship upon reaching majority, those born of fathers or mothers who are citizens of the Philippines under the 1987 Constitution, and those who are citizens at the time of the adoption of the same 1987 Constitution.
To be able to be included in class of those citizens at the time of the adoption of the same 1987 Constitution, one must lay claim that they citizens under the Constitution immediately preceding the 1987 Constitution – the 1973 Philippine Constitution.
Section 1 of Article III of the latter Constitution states that the Philippine citizens are, similarly, those who are naturalized so in accordance with law, those who have elected Philippine citizenship in accordance with the 1935 Constitution, those born of fathers or mothers who are citizens of the Philippines under the 1973 Constitution, and those who are citizens at the time of the adoption of the same 1973 Constitution.
Similarly, to be included in class of those citizens at the time of the adoption of the same 1973 Constitution, one must lay claim that they citizens under the Constitution immediately preceding the 1973 Constitution – the 1935 Philippine Constitution.
Section 1 of Article IV of the latter, 1935 Constitution states that the Philippine citizens are those who are naturalized so in accordance with law, those born of Filipino Mothers who have elected Philippine citizenship upon reaching majority, those born of fathers who are citizens of the Philippines under the 1935 Constitution, and those who are citizens at the time of the adoption of the same 1935 Constitution.
Before the United States granted independence and vested statehood on the Republic of the Philippines, the political status of the native inhabitants of the Philippine archipelago are to be determined the Congress of the United States as provided for under the Second Paragraph of Article IX of the Treaty of Paris of 10 December 1898.
In 29 August 1916, the US Congress enacted the Philippine Autonomy Act a.k.a. the Jones Law of 1916.
Section 2 of the Philippine Bill of 1902 provides that all inhabitants of the Philippine Islands who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in said Islands, and their children born subsequent thereto, were deemed and held to be citizens of the Philippine Islands.
Excepted therefrom are such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain, signed at Paris December tenth, eighteen hundred and ninety-eight, and except such others as have since become citizens of some other country.
It has however provided that the Philippine Legislature, therein provided for, is hereby authorized to provide by law for the acquisition of Philippine citizenship by those natives of the Philippine Islands who cannot come within the foregoing provisions, the natives of the insular possessions of the United States, and such other persons residing in the Philippine Islands who are citizens of the United States, or who could become citizens of the United States under the laws of the United States if residing therein.
The determination therefore of whether the Bangsamoro collectively or individually are citizens of the Philippines would have to be traced back 11 April 1898 and determine what their political status were on that day.
If they were not subjects of Spain on 11 April 1898, they and their children born subsequent thereto cannot be citizens of the Philippines , UNLESS (a) the Philippine legislatures thereatter have provided by law their acquisition of Philippine citizenship or that they have acquired Philippine citizenship under the usual naturalization laws.
The Philippine legislatures however failed or refused by law for the acquisition or imposition of Philippine citizenship on Moros who are NOT subjects of Spain on 11 April 1898. The only way Moros who are not subjects of Spain on 11 April 1898 can therefore acquire Philippine citizenship is by submitting themselves through the usual naturalization proceeding which from the very start they are disqualified by reason of their believing in polygamy though they may not practice the same.
THE BANGSAMORO ARE NOT CITIZENS OF THE REPUBLIC MUCH LESS WILL THEY BE ALLOWED TO DETERMINE THEIR OWN POLITICAL STATUS EXCEPT BY SUBMITTING THROUGH THE USUAL NATURALIZATION PROCEEDINGS.
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