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Question
In 2028, BARMM Parliament enacts a BARMM Fisheries and Aquatic Resources Code that asserts BARMM exclusive authority over management of fisheries and aquatic resources within BARMM waters and creates a BARMM Fisheries Authority to enforce it within BARMM. The Department of Agriculture, through BFAR, issues a Memorandum Circular stating that national fisheries laws and regulations apply nationwide, including BARMM waters, and that BFAR has authority to issue permits and manage migratory stocks across the Philippines. The BARMM government contends that fisheries and aquatic resources management fall within BARMM's exclusive powers under the Bangsamoro Organic Law and that the BARMM Fisheries Code governs within BARMM, with primary enforcement there. The national government contends that national fisheries laws apply nationwide and must be observed in all regions, including BARMM. (a) Identify the central doctrine governing autonomous regions and their relation to the national government in the Philippines. (b) Distinguish the controlling rule for conflicts between a regional law and a national regulation within a region. (c) Apply to the facts: Which law governs fisheries within BARMM and why? If conflicts arise, what remedies exist? (In your answer, reference the Constitution and the Bangsamoro Organic Law).