Did the Government Violate the Bangsamoro Organic Law?

• Mar 10, 2025
• The Editorial Desk
• HITS: 8672

President Ferdinand “Bongbong” Marcos Jr.’s recent appointments to the Bangsamoro Transition Authority (BTA) have sparked controversy and raised serious legal questions. By appointing individuals who were not officially endorsed by the Moro Islamic Liberation Front (MILF), Marcos may have directly violated the Bangsamoro Organic Law (BOL), the landmark legislation governing the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).

A Clear Legal Mandate

The Bangsamoro Organic Law (Republic Act No. 11054), serves as the legal foundation of the BARMM. It was the product of decades of negotiations between the Philippine government and the MILF, culminating in the Comprehensive Agreement on the Bangsamoro (CAB) in 2014. Central to this agreement was the commitment that the MILF would lead the transition towards full autonomy, ensuring that those who had fought for peace and self-governance would be at the helm.

Section 2, Article XVI of the BOL explicitly states that the “Moro Islamic Liberation Front shall lead the Bangsamoro Transition Authority (BTA).” This provision was designed to recognize the MILF’s role in the peace process and ensure continuity as the region prepares for its first parliamentary elections in 2025. As a consequence of leading the BTA, the President is expected to appoint from the official list of nominees transmitted by the MILF.

Appointments Without MILF Endorsement

Despite the clear legal provision, Marcos appointed individuals as Chief Minister and Members of Parliament who were not endorsed in the official list submitted by the MILF. This move not only disregards the agreement underpinning the BOL but also weakens the credibility of the MILF’s leadership in the transition.

By bypassing and ignoring the MILF’s recommendations on who shall function as Chief Minister and as well as members of the BTA, the President has effectively stripped the MILF of its rightful role in leading the governance of BARMM, a role assigned to it by the Bangsamoro Organic Law and earned through years of struggle and negotiation. This raises serious concerns about the Philippine government’s sincerity to its obligations under the CAB and BOL.

A Breach of Trust

The appointment of non-MILF-endorsed individuals, whether they belong to the MILF or not, is more than a technical violation—it is a breach of the trust that underpins the peace process. The MILF chose the path of negotiation, believing in the promises made by the government. Marcos’ decision now casts doubt on whether those promises will be upheld.

This move also risks alienating the MILF’s base. Many in the Bangsamoro view the BTA as a transitional government meant to prepare the region for genuine autonomy under the leadership of those who fought for it. By altering the composition of the BTA without MILF consent, the administration risks deepening political divisions and reigniting frustrations among former combatants and their communities.

Undermining the Transition

Beyond the legal and political implications, this decision threatens the stability of the Bangsamoro transition. The BTA has been tasked with critical governance reforms, including drafting a regional electoral code and ensuring that institutions are in place for the 2025 elections. Without a leadership that reflects the peace process’s spirit, the transition may be derailed.

Furthermore, sidelining the MILF could embolden spoilers—groups that oppose the peace process—to exploit dissatisfaction and stir unrest. The risk is not just political instability but a setback in the gains made toward sustainable peace in Mindanao.

The MILF, for its part, has voiced its concerns and may explore legal and diplomatic avenues to challenge the appointments. However, the larger question is whether Marcos will reconsider his decision or double down on it.

For the broader peace process, this moment is pivotal. If the Philippine government disregards key provisions of the BOL, it sets a dangerous precedent. If the MILF’s role is eroded, confidence in the peace process may weaken, potentially discouraging other armed groups from negotiating with the state.

Conclusion

President Marcos’ decision to appoint individuals outside the MILF’s official list to the BTA is more than just a political maneuver—it is a potential violation of the Bangsamoro Organic Law and a betrayal of the peace process. If the government is serious about fulfilling its commitments, it must honor the agreements that led to the BOL’s passage. Otherwise, it risks undoing years of progress and destabilizing one of the country’s most fragile but hopeful regions.

The question now is whether the administration will correct course—or whether the Bangsamoro people will once again be forced to demand for what was already promised to them.

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