Frequently Asked Questions on the draft Bangsamoro Basic Law

8/11/2019 Frequently Asked Questions on the draft Bangsamoro Basic Law

1/30

Frequently Asked Questions on the draft Basic Law

Article IName and Purpose

Q: What is the purpose of this new law?

A: The purpose of the draft Basic Law is to establish the new Bangsamoro politicalentity and provide for its basic structure of government, in recognition of theaspirations of the Bangsamoro people (Article I, Section 3).


2/30

2

Article IIBangsamoro Identity

Q: Who are the Bangsamoro people?

A: Those who at the time of conquest and colonization were considered natives ororiginal inhabitants of Mindanao and the Sulu archipelago and its adjacentislands including Palawan, and their spouses, and descendants, who haveidentified themselves as Bangsamoro (Article II, Section 1).

Q: Why is it necessary for the Bangsamoro to have an official flag?

A: A Philippine government entity, such as the Bangsamoro, is authorized to have

its own flag under Section 44 of Republic Act No. 8491, otherwise known as theFlag and Heraldic Code of the Philippines.


3/30

3

Article IIITerritory

Q: What comprises the Bangsamoro territory?

A: The Bangsamoro territory is composed of the land mass, maritime, terrestrial,alluvial and aerial domain. Section 1 expressly states that the Bangsamoroterritory remains part of the Philippines.

Likewise, the draft Basic Law provides that the Bangsamoro shall respect andadhere to the Philippines international treaties and agreements. Thus, whateverpower the Bangsamoro may exercise over its territory must be consistent withand not contravene the countrys international obligations and commitments(Article IV, Section 8).

The local government units that will comprise the Bangsamoro territory will bedetermined through a plebiscite for the ratification of this Basic Law (Article XV,Section 3).

Q: What is the extent of the Bangsamoros maritime jurisdiction?

A: The Bangsamoro has jurisdiction over waters that extend up to 12 nautical miles

from the low-water mark of the coasts. This is referred to as the BangsamoroWaterswhere the Bangsamoro Government is granted certain rights over the

resources therein (Article III, Section 5).


4/30

4

Article IVGeneral Principles and Policies

Q: The draft Basic Law provides that the Bangsamoro Government will have aparliamentary form of government. Is this consistent with a democratic form ofgovernment provided in the 1987 Philippine Constitution?

A: Yes, a parliamentary system is democratic.

A parliamentary system is a form of government where the executive is formedby the legislature, i.e. the Chief Executive (who is the head of the executive) iselected by the legislature.

A democracy is a system of government which derives its legitimacy from the

people. Hence, eligible citizens participate, directly or indirectly, in the electionof their representatives in government.

Under the draft Basic Law, the Bangsamoro Government is democratic becauseall members of Parliament will be electedas representatives of the BangsamoroPeople. Consistent with the 1987 Philippine Constitution, both the executive andthe legislative in a parliamentary system shall be elective and representative oftheir constituent political units (Article VII).

Q: Is a parliamentary form of government allowed by the 1987 Philippine

Constitution?

A: Yes, the 1987 Philippine Constitution left it to the wisdom of Congress todetermine the appropriate government structures for local government units andautonomous regions. Specifically, Section 18, Article X of the 1987 PhilippineConstitution provides that the Organic Act (the Basic Law in the case of theBangsamoro) for Autonomous Regions shall define the basic structure ofgovernment consisting of the executive department and the legislativeassembly.


5/30

5

Article VPowers of Government

Q: What do the terms reserved, exclusive, and concurrent mean?

A: Reserved powers are matters over which authority and jurisdiction are exercisedby the National Government. The reserved powers enumerated in the Annex onPower Sharing remains the same. Only the National Government can exercisepower or authority over national defense and security, foreign relations,monetary policy, and customs and tariffs among others.

Concurrent powers refer to the powers shared between the National Governmentand the Bangsamoro Government. In the exercise of these concurrent powers,the concerned ministries of the Bangsamoro Government are required to

cooperate and coordinate with the National Government.

Exclusive powers are matters over which authority and jurisdiction pertain to theBangsamoro Government (Article V, Sections 1 to 4).

All issues that may result in a dispute between the National and BangsamoroGovernments, or may arise from the exercise of powers enumerated in Article V,shall be resolved by an intergovernmental relations mechanism. Unresolved

issues shall be elevated to the President through the Chief Minister (Article VI).

Q: The draft Basic Law creates Bangsamoro offices that exercise functions related tothose vested in constitutional bodies. How will these bodies relate to each other?

A: The draft Basic Law creates the following bodies:

(i) The Bangsamoro auditing body which shall have auditing responsibilityover public funds utilized by the Bangsamoro Government withoutprejudice to the power, authority, and duty of the national Commission on

Audit to examine, audit, and settle all accounts pertaining to the revenuesand the use of funds and property owned and held in trust by anygovernment instrumentality, including GOCCs (Article V, Section 2,

Number 7);

(ii)

The Bangsamoro Civil Service Office which shall develop and administerBangsamoro government employees and officers without prejudice to theCivil Service Commissions powers (Article V, Section 2, Number 8);


6/30

6

(iii) The Bangsamoro Electoral Office which shall be part of the Commission onElections (Article VII, Section 9);

(iv) The Bangsamoro Police which shall be part of the Philippine NationalPolice (Article XVI, Section 2);

(v)

The Bangsamoro Commission on Human Rights (BCHR) which shall haveinvestigatory and prosecutorial powers; In the performance of itsfunctions, the BCHR may coordinate with the Commission on HumanRights (Article IX, Section 7);

(vi) The Bangsamoro Regional Police Board which shall be part of theNAPOLCOM and will perform the functions of the NAPOLCOM in the region(Article XVI, Sections 5, 6).

Q: What is the scope of the Bangsamoro Governments powers over financial andbanking systems in the Bangsamoro?

A: Without prejudice to the power of supervision of the Bangko Sentral ng Pilipinas,the Bangsamoro Government shall encourage the development of IslamicBanking. Under the draft Basic Law, a Shariah supervisory board may becreated specifically for this purpose. Towards this end, the BangsamoroGovernment is also authorized to participate in the management of the Al-

Amanah Islamic Investment Bank. (Article V, Section 3, Number 13; Article XII,Sections 30, 36)

Q: What is the scope of the Bangsamoro Governments regulatory power overpower generation, transmission, and distribution?

A: The draft Basic Law allows the Bangsamoro Government the power to regulatepower generation, transmission, and distribution facilities in the Bangsamorowhich are not connected to the Grid. Through this authority, it is endeavoredthat the Bangsamoro Government will be able to spur the establishment ofgeneration and other power facilities in the area that will allow them to addressthe needs of the inhabitants of the Bangsamoro (Article 5, Section 3, Number15).

Q: What is the scope of the Bangsamoro Governments power to create, div ide,merge, abolish, or substantially alter boundaries of local government units?

A: The power to create, divide, merge, abolish, or substantially alter boundaries oflocal government units granted to the Bangsamoro Parliament is consistent withthe power granted to other local government units in Sections 6 to 10 of Chapter


7/30

7

II, Title I of the Local Government Code of 1991 and is similarly subject to thelimitations provided by the 1987 Philippine Constitution.

Q: What will happen to the powers granted to the ARMM under Republic Act No.9054?

A: Republic Act No. 9054 will be expressly repealed by the enactment of the BasicLaw. However, the draft Basic Law adopts certain powers already devolved tothe ARMM (Article V, Section 4), which are enumerated under Art. V, Section 4.The Annex on Power Sharing specifically allows the Bangsamoro TransitionCommissionthat prepared the draft Basic Lawto select powers under Republic

Act No. 9054 relevant to the Framework Agreement on the Bangsamoro, andadopt these in the Basic Law.


8/30

8

Article VIIntergovernmental Relations

Q. Describe the relationship between the National and Bangsamoro Governments.

A. The relationship between the National and Bangsamoro Governments shall beasymmetric. It is asymmetric because it is distinct from the relationship betweenthe National Government and other local government units. Specifically, the1987 Philippine Constitution (Article X, Section 20) confers the BangsamoroGovernment, as an autonomous region, legislative powers over such matters asadministrative organization and ancestral domainwhich are not granted to localgovernment units. However, similar to local government units, the Presidentspower of general supervision remains (Article VI, Sections 1, 3).

Q: What is the Intergovernmental Relations Mechanism?

A: ACentral GovernmentBangsamoro Government Intergovernmental RelationsBody shall be established to resolve any issues that may arise relating to theexercise of the respective powers of the National Government and theBangsamoro Government within the Bangsamoro through consultations andcontinuing negotiations in a non-adversarial manner. All unresolved issues shallbe elevated to the President, through the Chief Minister (Article VI, Section 4).

The draft Basic Law also provides for a Philippine Congress Bangsamoro

Parliament Forum for purposes of cooperation and coordination of legislativeinitiatives (Article VI, Section 8).

Q. Describe the relationship between the Bangsamoro Government and itsconstituent local government units.

A. The National and Bangsamoro Governments accept the concept of devolution asinspired by the principles of subsidiarity. The provinces, cities, municipalities,barangays, and geographic areas within its territory shall be the constituent unitsof the Bangsamoro. The privileges already enjoyed by the local governmentunits within the Bangsamoro under existing laws shall not be diminished unless

otherwise altered, modified, or reformed for good governance in a law to beenacted by the Bangsamoro Parliament (Article VI, Sections 6, 7).

To ensure mutual cooperation and cohesion between the BangsamoroGovernment and its constituent LGUs, a Council of Leaders shall likewise beestablished (Article VI, Section 5).


9/30

9

Q: Is the National Government giving the Bangsamoro undue preference forpositions in National Offices?

A: No. Although, it shall be the policy of the National Government to appointcompetent and qualified inhabitants of the Bangsamoro in certain National

Government offices [at least one (1) Cabinet Secretary; at least one (1) in eachof the other departments, offices, and bureaus holding executive__primarilyconfidential, highly technical, and policy-determining__positions; and one (1)Commissioner in each of the constitutional bodies (Article VI, Section 9); at leastone (1) justice in the Supreme Court; and two (2) justices in the Court of

Appeals (Article X, Section 27)]. This does not remove the discretion of thePresident to appoint qualified persons from other sectors.


10/30

10

Article VIIBangsamoro Government

Q: What is the relationship between the Bangsamoro Electoral Code and BatasPambansa Bilang 81, otherwise known as the Omnibus Election Code?

A: The Bangsamoro Electoral Code will be enacted to specifically governparliamentary elections in the Bangsamoro and shall be correlated to all nationalelection laws including Batas Pambansa Bilang 81 (Article VII, Section 9).

Q: What is the composition of the Bangsamoro Parliament? How are seats in theBangsamoro Parliament classified and allocated?

A: The Bangsamoro Parliament shall have at least sixty (60) members fifty

percent (50%) of which shall be elected through a system of proportionalrepresentation; forty percent (40%) from single member districts; and tenpercent (10%) will be elected to reserved seats representing key sectors in theBangsamoro. The Bangsamoro Parliament shall have two reserved seats eachfor non-Moro indigenous communities and settler communities. Women shallalso have a reserved seat (Article VII, Sections 4, 5).

Q: What is the process for the filling of reserved seats for IPs/ICCs?

A: Reserved seats for non-Moro indigenous peoples shall be filled pursuant to their

customary laws and indigenous processes (Article VII, Section 6).

Q: How does a member of the Bangsamoro Parliament forfeit his/her seat?

A: A member of the Bangsamoro Parliament shall forfeit his/her seat if:

(i) He or she resigns voluntarily through a written or oral declaration inParliament;

(ii) He or she is convicted of a grave offense as stipulated in the House Rulesthat the Bangsamoro Parliament will promulgate; or treason, high crimes,

heinous crimes, crimes against morality, or other crimes punishable by morethan six (6) years;

(iii) He or she becomes permanently physically or mentally incapacitated and isunable to discharge his/her duties as a Member of the Parliament or dies while inoffice;


11/30


12/30

12

candidacy; and has resided in the said district for at least three yearsimmediately preceding the day of the election (Article VII, Section 12).

Q: How will the election of the officers of the Bangsamoro Parliament be conducted?

A: On the first session following their election, the members of the BangsamoroParliament shall, in open session, elect by a simple majority vote from all itsmembers the Speaker, and the other officers of the Bangsamoro Parliament asthe House Rules of the Bangsamoro Parliament may provide (Article VII, Section20).

Q: Who is, and what are the tasks of the Presiding Officer?

A: The Speaker, the Deputy Speaker, or any other person presiding over theBangsamoro Parliament shall be responsible for ensuring the rights andprivileges of all members and public access to the proceedings of theBangsamoro Parliament and its committees. He or she shall have the authorityand moral ascendancy to maintain order and decorum in the BangsamoroParliament in accordance with its House Rules. He or she shall act impartiallyand without fear, favor, and prejudice (Article VII, Section 21).

Q: How are executive powers exercised?

A: Executive authority shall be exercised by the Bangsamoro Cabinet which shall beheaded by a Chief Minister. The Chief Minister shall be elected by a majorityvote of the Parliament from among its members.

The Chief Minister shall appoint the Deputy Chief Minister from among themembers of the Parliament. S/he will also appoint the members of the cabinet,majority of whom shall also come from the Parliament (Article VII, Section 3).

Q: What are the qualifications of the Chief Minister?

A: The Chief Minister shall be at least twenty-five (25) years of age at the time ofthe election; a bona fide resident of the Bangsamoro for three years immediatelypreceding the day of the elections; and with proven competence and probity,mentally fit, and known for his/her integrity and high moral standards (Article

VII, Section 28).

Q: What are the Powers, Duties, and Functions of the Chief Minister?

A: The Chief Minister shall exercise the following powers, duties, and functions:

(i) Heads the government of the Bangsamoro;


13/30

13

(ii) Appoints heads of ministries, agencies, bureaus, offices of the BangsamoroGovernment, or other officers of Bangsamoro owned or controlled corporationsor entities with original charters;(iii) Appoints other officers in the Bangsamoro Government as may be providedby the Parliament;

(iv) Formulates platform of government subject to the approval by theParliament;(v) Issues executive orders and other policies of the Bangsamoro Government;(vi) Represents the government of the Bangsamoro in affairs outside theBangsamoro; and(vii) Exercises such other powers and functions inherent to the position (Article

VII, Section 30).

The Chief Minister shall also be an ex-officio member of the National SecurityCouncil (NSC) on matters concerning the Bangsamoro and of the NationalEconomic and Development Authority Board (NEDA) (Article VII, Section 32).

Q: Why will there be a vote of no confidence against the government?

A: The Parliament may vote against the government, through a vote of noconfidence by two-thirds (2/3) of its members, for a variety of reasons, e.g.,when there are serious allegations of corruption rendering the Chief Minister orhis or her Cabinet unfit to continue holding his or her/their position/s.

Q: Who will be in charge of the Bangsamoro in case the Parliament is dissolved?

A: In case of dissolution, the incumbent Chief Minister and the Cabinet shallcontinue to conduct the affairs of the Bangsamoro Government until a newParliament is convened and a Chief Minister is elected and has qualified (Article

VII, Section 34).


14/30

14

Article VIIIWali

Q. Who is the Wali?

A. The Walishall be the titular head of the Bangsamoro. As titular head, the Walishall take on only ceremonial functions. The Wali shall also be under thesupervision of the President.


15/30

15

Article IXBasic Rights

Q: What are basic rights? What are their nature?

A: Basic rights are those guaranteed by the Bangsamoro Government to itsconstituents. These include those already enjoyed by all Filipino citizens as wellas the right to pursue democratically political aspirations; the right of women tomeaningful political participation and protection from all forms of violence; theright to freedom from religious, ethnic, and sectarian harassment; and the rightto free public education in the elementary and high school levels (Article IX,Section 1).

Q: How will human rights be protected in the Bangsamoro?

A: Under the draft Basic Law, all laws and policies are required to conform tointernational human rights and humanitarian standards. The rights under theInternational Covenant on Economic, Social, and Cultural Rights andInternational Covenant on Civil and Political Rights, and other internationalhuman rights instruments are guaranteed by the National Government and theBangsamoro Government (Article IX, Section 2).

Q: What is the Bangsamoro Commission for the Preservation of Cultural Heritage

(BCPCH)?

A: The BCPCH is created to preserve the culture, arts, and tradition of theBangsamoro through the management of cultural and historical sites, andestablishment of libraries and museums. Its primary responsibility includeswriting the history of the Bangsamoro people and establishing and sustaining thecultural institutions, programs, and projects in the Bangsamoro component areas(Article IX, Sections 19 to 21).

Q: How will the right to health be promoted in the Bangsamoro?

A: The right to health is promoted through the delivery of comprehensive andintegrated health services and support for persons with disability (Article IX,Sections 15, 16).

Q: What is the transitional justice mechanism?


16/30


17/30


18/30

18

Article XBangsamoro Justice System

Q: What is the relationship between the Shari'ahand National justice systems?

A: Under the explicit language of the draft Basic Law, the Shariah law shall haveapplication over Muslims only, and nothing shall operate to the prejudice of non-Muslims and non-indigenous peoples. There shall be cooperation andcoordination with the National Government regarding the Shariahjustice system(Article X, Sections 1, 2). The national justice system will remain intact for allmatters outside the jurisdiction (matters not mentioned under Article X, Sections5 to 7) of the Shariah Courts, and the inherent power of judicial review by theSupreme Court (to review any grave abuse of discretion amounting to lack orexcess of jurisdiction by the Shariah Court) under Article VIII, Section 1 of the

1987 Philippine Constitution, and Rule 65 of the Rules of Court will not beaffected.

Q: What laws/matters will Shariah courts have jurisdiction over?

A: Shariah courts in the Bangsamoro shall, in addition to their jurisdiction overpersonal and property relations under Presidential Decree No. 1083 otherwiseknown as the Muslim Code of Personal Laws, have jurisdiction over Shariah

commercial and criminal laws enacted by the Bangsamoro Parliament (Article X,Sections 2, 3).

The ShariahDistrict, Circuit, and High courts will have jurisdiction over mattersenumerated under Sections 5, 6, and 7 of Article X respectively.

Q: Can the Bangsamoro Parliament enact commercial and criminal laws, and arethese matters properly cognizable by Shari'ahCourts?

A: Yes. The Framework Agreement on the Bangsamoro (FAB) provides for theexpansion of the jurisdiction of the Shariah courts in the draft Basic Law (FAB

Article III, Section 5). Moreover, even as the Bangsamoro Parliament may enactcommercial and criminal laws (in addition to Personal, family, and property

relations), these laws are required to be subject to the provisions of thisConstitution and national laws (Article X, Section 20 of the 1987 PhilippineConstitution).

Pertinently, it should be mentioned that Section 5 of R.A. 9054 (Organic Act ofthe ARMM) already provides that Shariah Courts shall have jurisdiction overcriminal and commercial cases involving Muslims.


19/30

19

As for criminal laws, the draft Basic Law provides that they shall only be effectivewithin the territory of the Bangsamoro and shall be in accordance with theuniversally accepted principles of human rights standards (Article X, Section 3).

Q: What justice institutions shall be established under the draft Basic Law?

A: The following justice institutions shall be established in the Bangsamoro:

a. The Shariah District, and Circuit Courts, and the Shariah High Court(Article X, Sections 5 to 7).

Judges/Justices of the Shariah courts must have the qualifications listedunder Section 9, and they will be appointed by the President through thesame mechanism as judges/justices of the regular courts [save for theadditional recommendatory powers given to the ShariahJudicial and BarCouncil (JBC) for the national JBCs consideration (Article X, Section 10)].

b. Shariah JBC shall recommend applicants to the national JBC for thepositions of judges/justices in the Shariahcourts in the Bangsamoro. Inaddition, a consultant to the national JBC shall be appointed to advise iton appointments to the Shariah courts in the Bangsamoro. Its powerhere is merely recommendatory and does not supplant the authority ofthe national JBC.

The Shariah JBC shall be composed of five (5) members as provided

under Section 12. It may conduct investigations over erring personnel inShariah courts in the Bangsamoro, and submit the results of suchinvestigation to the Supreme Court for the latters action (Article X,Sections 10 to 13).

c. The Shariah Prosecutorial Service shall be part of the NationalProsecutorial Service under the Department of Justice (Article X, Section19).

d. The ShariahAcademy shall conduct courses and trainings on the practiceof Shariahlaw in the Bangsamoro, accredit Shariahcourses and degrees

obtained by Bangsamoro from schools and universities abroad, anddevelop the curriculum of schools and universities in the Bangsamoro(Article X, Section 20).

e. A traditional/tribal justice system shall be created by the BangsamoroParliament. Further, an Office for the Traditional/Tribal Justice Systemshall be created which shall be responsible in overseeing the study,


20/30

20

preservation, and development of the tribal justice system within theBangsamoro (Article X, Sections 23, 24).

Q: Does the phrase final and executory under Section 7 reduce the power of theSupreme Court?

A: No. Even if the draft Basic Law, or any other law for that matter, provides forthe foregoing language, this will not, as it does not, deprive the Supreme Courtof its inherent power of judicial review, i.e., to determine whether or not therehas been grave abuse of discretion amounting to lack or excess of jurisdiction onthe part of the ShariahHigh Court, as this is provided under Article VIII Section1 of the 1987 Philippine Constitution.


21/30

21

Article XIPublic Order and Safety

Q: What is the relationship between the Bangsamoro Police and the PhilippineNational Police (PNP)?

A: The Bangsamoro Police shall be part of the PNP. As with the PNP as a whole, itshall be professional, civilian in character, fair and impartial, free from partisanpolitical control, and accountable under the law for its actions (Article XI, Section2).

Q: What is the relationship of the Bangsamoro with the Armed Forces of thePhilippines (AFP)?

A: The defense and security of the Bangsamoro shall be the responsibility of theNational Government. The National Govermment may create a BangsamoroCommand of the AFP (Article XI, Section 15).

Q: What is the relationship between the Bangsamoro Regional Police Board (BPRB)and the NAPOLCOM?

A: The BPRB shall be part of the NAPOLCOM and will perform the functions of theNAPOLCOM in the region. The members of the Board shall be composed of the

members of the Bangsamoro Parliament and representatives from varioussectors (Article XI, Sections 5, 6).

Q: Who shall head the Bangsamoro Police?

A: A director, assisted by two deputies, shall head the Bangsamoro Police (ArticleXI, Section 4).

Q: Can the Bangsamoro Parliament enact laws to govern the Bangsamoro Police?Will these be consistent with Republic Act No. 6975?

A: Yes, the draft Basic Law specifically authorizes the Bangsamoro Parliament toenact laws on the Bangsamoro Police (Article XI, Section 12). Article X, Section20 of the 1987 Philippine Constitution requires laws enacted by the BangsamoroParliament on general welfare to be consistent with national laws such asRepublic Act No. 6975.


22/30


23/30

23

A: The ABG refers to the automatic appropriation that will be released regularly tothe Bangsamoro Government (Article XII, Section 17).

Q: How much is the ABG?

A: For the budget year immediately following the year the draft Basic Law takeseffect, the amount of the ABG shall be equivalent to four percent (4%) of the netnational internal revenue collection of the BIR, less the internal revenueallotment of local government units.

The ABG may however be adjusted if there occurs (a) a change in the total landarea of the Bangsamoro (e.g. if not all the LGUs mentioned in the law and theFAB vote to be part of the Bangsamoro); and (b) unmanageable fiscal deficit inwhich case the ABG may be decreased (Article XII, Section 16).

Q: Will the Bangsamoro Government receive other amounts from the NationalGovernment?

A: Yes, the Bangsamoro Government will receive additional funds that wouldsubsidize expenditures for development projects and infrastructure projects inthe first years of the Bangsamoro (Article XII, Section 21). A SpecialDevelopment Fund (SDF) will also be established for the rehabilitation of theregion (Article XIV). The Bangsamoro Transition Authority (BTA) will also receivean initial funding to enable it to organize the bureaucracy, hire personnel, andexercise its functions (Article XVI, Section 13).

Q: Are the amounts appropriated for the Bangsamoro excessive?

A: The funding support to the Bangsamoro Government (i.e., the ABG, the SDF, thesubsidies, the BTA funding) is what the National Government deems sufficientand necessary considering (i) the amounts received from the NationalGovernment by other similarly-situated regions such as Regions VIII and XII (theregions with the second and third highest poverty incidence in its populations);(ii) the amounts currently being received by the ARMM Government; and (iii) theneed for the Bangsamoro region to catch up with the rest of the country.

Q: What are the Bangsamoro Governments other sources of revenue?

A: The other revenue sources are:

a. Loans, whether foreign or domestic, which the Bangsamoro Governmentis authorized to contract (Article XII, Section 22 A);

b. Bangsamoro Government bills, bonds, notes, debentures, etc. (Article XII,Section 22 B);


24/30

24

c. Overseas Development Assistance (Article XII, Section 23);d. Grants and donations (Article XII, Section 24);e. Share in the GOCCs operating in the Bangamoro. The share shall be

determined through the intergovernmental relations mechanism (ArticleXII, Section 31);

f.

Share in the government revenues derived from the exploration,development, and utilization of natural resources (Article XII, Section 32)

i.

Non-metallic100%ii.

Metallic75%iii. Fossil fuels and uranium50%;

To ensure that the local communities are not deprived of theirshare, the Basic Law mandates that the Bangsamoro Governmentenact a law that will provide the necessary details for the requiredshares of the local government units and the affected indigenouspeoples.

The draft Basic Law also provides that revenues from the (a) additional taxesbeyond those already devolved to the ARMM; and (b) the exploration,development, and utilization of natural resources shall be deducted from the

ABG. Thus, eventually, when the Bangsamoro Government is able to increase itsrevenue collection such that it is equivalent to or more than the ABG, theNational Government will no longer provide any funding to the BangsamoroGovernment (Article XII, Section 19).

Q: Will there be a mechanism to settle any issues/disagreements between the

Bangsamoro and National Governments as to financial matters?

A: To settle any issue as to taxes and other financial matters, an IntergovernmentalFiscal Policy Board shall be created where the relevant agencies of theBangsamoro Government and the National Government will be representedincluding the Department of Finance (Article XII, Section 35).

Q: How do we ensure that Bangsamoro revenues will be used judiciously?

A: The Bangsamoro Parliament shall enact an appropriations act to determine how

the ABG, other budgetary transfers, and government revenues of theBangsamoro shall be appropriated. In addition, the Bangsamoro auditing officeand the Commission on Audit are expected to exercise their auditingresponsibilities.


25/30

25

Article XIIIEconomy and Patrimony

Q: What is the scope of the Bangsamoro Governments powers over natural,energy, and mining resources?

A: The Bangsamoro Governments authority over the exploration, development, andutilization of resources include:

First, the Bangsamoro Government shall have the power to declare naturereserves, aquatic parks, forests, watershed reservations, and protected areas inthe Bangsamoro. Protected areas that are currently under the management ofthe National Government shall be transferred to the Bangsamoro Governmentwithin a period not exceeding two (2) years (Article XIII, Sections 8, 9).

Second, the Bangsamoro Government shall have exclusive powers to regulate,manage, and protect inland waters in the Bangsamoro (Article XIII, Sections 22).

Third, the National and Bangsamoro Governments shall jointly explore, develop,and utilize fossil fuels and uranium in the Bangsamoro (Article XIII, Section 10).

Fourth, the entry into Financial and Technical Assistance Agreements over

mineral resources in the Bangsamoro by the President shall be upon therecommendation of the Bangsamoro Government (Article XIII, Section 14).

Q: What is the scope of the Bangsamoro Governments power over trade andindustry?

A: The Bangsamoro Government shall have the following powers over trade andindustry: it shall promote a domestic trade preference for goods produced andmaterials sourced in the Bangsamoro; it may participate in trade missions andfairs in other countries; and it may conduct barter trade and counter-trade with

ASEAN countries (Article XIII, Sections 24, 25).

Q: Can the Bangsamoro Government establish economic zones, industrial estates,

and free ports in the Bangsamoro?

A: Yes, the Bangsamoro Government shall have the authority to do this. TheBangsamoro Government may extend the same fiscal incentives to locators in itseconomic zones/industrial estates/free ports, as those in areas outside theBangsamoro (Article XIII, Section 26).


26/30

26

Q: What are the Zones of Joint Cooperation? Is it part of the Bangsamoro territory?

A: No, the Zones are not part of the Bangsamoro Territory. It shall be located inthe Sulu Sea and the Moro Gulf, and is created for, among others, the protectionof traditional fishing grounds and the exploration, development, and utilization of

non-living resources therein. The Zones shall be regulated by a Joint Bodycomposed of officials from the National and Bangsamoro Governments, as wellas representatives from adjoining/adjacent local government units (Article XIII,Sections 18 to 20).


27/30


28/30

28

Article XVPlebisicite

Q: Where will the plebiscite for the creation of the Bangsamoro be conducted?

A: The plebiscite for the creation of the Bangsamoro shall be conducted in (a) thepresent geographical area of the Autonomous Region in Muslim Mindanao; (b)the Municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan and Tangkal inthe province of Lanao del Norte and all other barangays in the Municipalities ofKabacan, Carmen, Aleosan, Pigkawayan, Pikit and Midsayap that voted forinclusion in the ARMM during the 2001 plebiscite; (c) the cities of Cotabato andIsabela; and (d) all other contiguous areas where there is a resolution of thelocal government unit or a petition of at least ten percent (10%) of theregistered voters in the area asking for their inclusion at least two months prior

to the conduct of the ratification of the Basic Law.

Q: After the creation of the Bangsamoro, can an interested local government unitstill join the region?

A: After the creation of the Bangsamoro, any contiguous local government unit orgeographic area outside the Bangsamoro may, by a verified petition filed by atleast 10% of its registered voters, ask for its inclusion in the Bangsamoro and for

the conduct of a plebiscite for that purpose.


29/30

29

Article XVIBangsamoro Transition Authority

Q: What will happen in the period between the ratification of the draft Basic Law ina plebiscite and the assumption into office of the elected members of theBangsamoro Parliament?

A: The Bangsamoro Transition Authority (BTA) shall serve as the interimgovernment of the Bangsamoro during this period, and shall exercise executiveand legislative functions for this purpose (Article XVI, Sections 2 and 3).

The BTA shall operate in accordance with the Basic Law and a Transition Plan tobe crafted by them. The interim Chief Minister shall prepare and submit aTransition Plan within sixty days from ratification of the Basic Law for approval

by the rest of the BTA. Subsequently, the BTA shall act on or approve theTransition Plan within ten days from submission. The Transition Plan will beimplemented within fifteen days from the approval by the BTA.

Q: Under the draft Basic Law, the President is authorized to appoint all fiftymembers of the BTA. Who will the members be?

A: The Moro Islamic Liberation Front shall lead the BTA. At the same time, there

are several safeguards to ensure that the BTA composition is representative andinclusive. The draft Basic Law expressly mandates that non-Moro IPs/ICCs,

women, settler communities, and other sectors shall be represented in the BTA.Further, the process of appointment allows for the submission of nominations tothe Office of the President (Article XVI, Section 2).

Q: What will happen to ARMM employees and other employees of nationalgovernment agencies whose functions will now be devolved to the BangsamoroGovernment?

A: All employees affected by the gradual phase-out of the ARMM and regionaloffices of national government agencies may be absorbed, transferred, orseparated from service. Separation pay and other benefits required to be paid

under law shall be paid to these affected employees by the National Government(Article XVI, Sections 9, 10).

With specific regard to ARMM Government employees, appointive officials of theARMM Government shall continue to exercise their functions during the phase-out. The absorption or re-hiring of ARMM Government employees shall be in


30/30

accordance with a placement and hiring process established by the BTA (ArticleXVI, Section 9).

Frequently Asked Questions on the draft Bangsamoro Basic Law

Documents

Transcript of Frequently Asked Questions on the draft Bangsamoro Basic Law