This Primer on the proposed Bangsamoro Basic Law (BBL)

8/10/2019 This Primer on the proposed Bangsamoro Basic Law (BBL)

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ROAD MAP TOWARDS THE CREATION OF THE BANGSAMORO

www.opapp.gov.ph

Based on the Framework Agreement on the Bangsamoro and the Annex on Transitional Arrangements and Modalities

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CREATION OF TRANSITIONCOMMISSION TC

ARMM IS DEEMED ABOLISHEDONCE THE BANGSAMOROBASIC LAW IS RATIFIED

SIGNING OFEXIT DOCUMENT ELECTION FOR BANGSAMOROGOVERNMENT BY 2016

APPOINTMENT OF BANGSAMOROTRANSITION AUTHORITY BTATO SERVE FOR INTERIM PERIOD

PASSAGE OF THE BASIC LAWIN CONGRESS

PLEBISCITE FOR THEBANGSAMORO BASIC LAW

THE TC SHALL CEASE TOEXIST UPON THE ENACTMENT

OF THE BANGSAMORO BASIC LAW

CERTIFICATION OF THEPROPOSED BANGSAMOROBASIC LAW AS AN URGENTBILL BY THE PRESIDENT

SUBMISSION OF THEBASIC LAW TO CONGRESS

DRAFTING OF THEBANGSAMORO BASIC LAW

BY THE TCPresident Aquino signed Executive Order 120 on Dec. 17, 2012that provided for the creation of the TC, which the Senate and

Congress supported with their respective resolutions.

The Bangsamoro Basic Law, once enacted by Congress, shallundergo a process of popular ratication by the qualied watersin the core territory of the Bangsamoro region as identied in theFAB. The results of the plebiscite on the BBL will determine thegeographical scope of the Bangsamoro. In effect, the people will

decide whether they will join the Bangsamoro or not.

An Exit Document officially terminating the peacenegotiation may be crafted and signed by both Parties if

and only when all agreements have been fully implemented.


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P r i m e r o n t h e p r o p o s e d

E N G L I S H

BangsamoroBasic Law

Primer production supported by


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RYAN G. PALACOL

AX Digital Palette DesignsE: [email protected]: +63 927.654.4785W: http://www.axdpdesigns.com

Cover photo and inside front cover info-graphiccourtesy of www.opapp.gov.phInside back cover info-graphics courtesy of

Andrew Alonto.

Layout & Design

Credits


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Message from the Chairman

This Primer on the proposed Bangsamoro Basic Law (BBL)seeks to explain, expound and clarify the provisions of theproposed BBL. The issues and questions in this Primer are thesame concerns raised in the congressional hearings and forums. Theanswers and explanations re ect the intent and interpretation of theBangsamoro Transition Commission (BTC) that drafted the proposedBBL.

The Primer addresses questions not only with respect to theconstitutionality and legality of the provisions but more importantlythe context and problems they seek to address. The enactment ofthe BBL is a critical component in the over-all peace process betweenthe Philippine government and the Moro Islamic Liberation Front asagreed upon in the Comprehensive Agreement on the Bangsamoro(CAB). Alongside the enactment of the BBL are equally critical activitiessuch as normalization and decommissioning processes among others.

I urge our readers to have a broad lens in reading and appreciatingthe proposed BBL provisions. This is the kind of lens that appreciatesthe long history of the struggle of the Moro people and attempts toaddress their historical grievances. It is only by taking on this lens thatone can fully grasp the wisdom and noble intentions behind the BBLprovisions.

Some questions currently raised proceed from lack of understandingand at times from the biases and prejudices ingrained in the culture

of animosity and con ict in Mindanao. This Primer addresses thesequestions head-on in the spirit of transparency and accountability.

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The envisioned Bangsamoro political entity will be founded amongothers in the same ideals that animated the Bangsamoro strugglesuch as responsibility and accountability to the people in whosename and behalf the struggle was waged. These ideals we continueto embrace and uphold to address fears and concerns; rumorsand speculations that can potentially reverse the great strides wealready achieved in the di cult road towards sustainable peace anddevelopment.

I urge everyone to read the proposed BBL and actively participate indiscussions and forums for better understanding and appreciationof its provisions. Our shared future is shaped by this importantdocument that addresses the various interests and problems of

stakeholders. It is my hope that this Primer can help foster greaterunderstanding of the complex problems we are facing and ourresolve to address them through the proposed BBL. By then, we cancon dently say that we are indeed brothers and sisters--- a family ofpeace and goodwill--- treading one common path to a shared futureof peace and prosperity.

HON. MOHAGHER IQBALChairmanBangsamoro Transition Commission

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Table of Contents

1 General Principles and Policies1.1 What is the proposed Bangsamoro Basic Law (BBL)?

1.2 What is the purpose of the BBL?1.3 How shall the proposed BBL become a law?1.4 What are the key principles and policies

in the proposed BBL?

2 Bangsamoro Identity and Basic Rights2.1 Who are the Bangsamoro people?2.2 Apart from the Bangsamoro people, who are the other

inhabitants of the Bangsamoro?

2.3 Are the rights of migrants settlers guaranteedin the proposed BBL?

2.4 Are the rights and welfares of the indigenous peoplesrecognized, guaranteed and protectedin the proposed BBL?

2.5 Are the rights and welfare of the women and childrenrecognized and guaranteed in the proposed BangsamoroBasic Law?

2.6 Are labor rights guaranteed in the proposed BBL?2.7 Is there a mechanism to resolve complaints

for human rights violations in the Bangsamoro?

3 Bangsamoro Territory3.1 What is included in the Bangsamoro territory?3.2 What is the core territory of the Bangsamoro?3.3 Is there an opportunity for geographic areas outside the

core territory to become part of the Bangsamoro territoryafter the rati cation of the BBL?

3.4 What are the Bangsamoro waters?

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4 Political Autonomy and Bangsamoro Government4.1 What is the legal basis for the grant of political autonomy

and the establishment of the Bangsamoro Government?4.2 Is the Bangsamoro a state or a sub-state within the

Republic of the Philippines?4.3 Why is the parliamentary system a more appropriate

system of government for the Bangsamoro?4.4 Is the Bangsamoro ministerial and parliamentary system

allowed by the Philippine constitution?4.5 What is the role of political parties under the ministerial

and parliamentary system?4.6 Will the Bangsamoro have its own electoral system apart

from the national electoral system?4.7 What is the composition and functions of the

Bangsamoro Electoral O ce (BEO)?4.8 What is the composition of the Bangsamoro Parliament?4.9 How are members of Parliament chosen?4.10 Who are quali ed to be members of Parliament?4.11 Will the ministerial and parliamentary system ensure

accountability and good governance?4.12 Who are the executive o cers in the Bangsamoro

government?

5 Inter-Governmental Relations5.1 How does the proposed BBL describe the relationship

between the Bangsamoro and Central Governments?5.2 What is the meaning of parity of esteem as a guiding

principle in the relations between the CentralGovernment and the Bangsamoro?

5.3 What are reserved powers of the Central government?5.4 What are concurrent powers of the Central

Government and the Bangsamoro Government?5.5 What are exclusive powers of the Bangsamoro

Government and what are these powers?5.6 What is the legal basis for recognition by the proposed

BBL of the exclusive powers of the BangsamoroGovernment?

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5.7 How will greater coordination and harmonious relationsbetween the Central Government and the Bangsamoro berealized?

5.8 The proposed BBL creates Bangsamoro o ces

that exercise functions related to those vested inconstitutional bodies. How will these bodies relate to eachother?

5.9 Will the Bangsamoro have signi cant participation in thecentral government?

5.10 What is the role of LGUs in the Bangsamoro and therelationship between the Bangsamoro government andits constituent local government units (LGUs)?

5.11 Is the Bangsamoro empowered to create LGUs?5.12 Is there a mechanism to promote coordination and

harmony of policies and actions between the BangsamoroGovernment and LGUs?

6 Justice System in the Bangsamoro6.1 What is the justice system in the Bangsamoro?6.2 What is the basis for the creation of the justice and court

system in the Bangsamoro?

6.3 What are the main features of the Shariah law andcourts?

6.4 What is the tribal justice system?6.5 What will be the state of local courts under the

Bangsamoro?6.6 What is the place of Bangsamoro justice system and

courts in the national justice and court system?6.7 How will the Shariah Judges be appointed?

7 Public Order and Safety7.1 What is the responsibility of the Bangsamoro Government

in maintaining public order or security in the Bangsamoro?7.2 What is the system of policing in the Bangsamoro?7.3 What are the powers and functions of the Bangsamoro

Police?7.4 How will the Bangsamoro Police be organized?

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7.5 What is the relationship of the Bangsamoro Police withthe National Police Commission?

7.6 What are the powers of the Chief Minister over theBangsamoro Police?

7.7 How are O cers and Members of the BangsamoroPolice appointed?7.8 What is the role of the Central Government in the

defense of the Bangsamoro?7.9 Who has authority over the Armed Forces of the

Philippines in the Bangsamoro?

8 Fiscal Autonomy8.1 What is scal autonomy and why is it important for the

Bangsamoro?8.2 Will the Bangsamoro have more funds than the

current ARMM to improve the living conditions of theBangsamoro people?

8.3 What are the taxes that can be fully imposed by theBangsamoro Government?

8.4 How about the share of the Bangsamoro from nationaltaxes?

8.5 Does the proposed BBL address the perennialadministrative gaps that cause slow or non-remittanceof the fair share of the autonomous region from nationaltaxes?

8.6 What is the Intergovernmental Fiscal Policy Board(IGFPB)?

8.7 What is the annual block grant to the Bangsamoro?8.8 What other sources of funds can be tapped by the

Bangsamoro Government for the development of theBangsamoro?8.9 What will happen to the Southern Philippine

Development Authority (SPDA) and Al-Amanah IslamicInvestment Bank?

8.10 How will the income from the exploration, developmentand utilization of natural resources in the Bangsamorobe shared between the Bangsamoro and CentralGovernments?

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8.11 How can we ensure that public funds are used judiciouslyin the Bangsamoro?

9 Economy and Patrimony9.1 What are the basic policies on Bangsamoro economy and

patrimony?9.2 Is there a mechanism to ensure observance and

implementation of these policies?

10 Natural Resource10.1 What is the scope of the Bangsamoro Governments

powers over natural, energy, and mining resources?10.2 What is the scope of the power of the Bangsamoro

Government over exploration, development andutilization of fossil fuels and uranium?

10.3 Will inhabitants of the Bangsamoro enjoy preferentialrights over exploration, development and utilization ofnatural resources in the Bangsamoro?

10.4 What are the policies of the Bangsamoro on mining?10.5 What are Zones of Joint Cooperation?10.6 How will the Zones of Joint Cooperation be

administered?10.7 What are the policies on trade and industry in theBangsamoro?

10.8 What is the scope of the power of the BangsamoroGovernment over barter trade and countertrade withASEAN countries?

10.9 Can the Bangsamoro Government create economiczones?

10.10 What are the powers of the Bangsamoro Governmentover banking and nance? Can there be Islamic bankingand nance in the Bangsamoro?

10.11 What are the powers of the Bangsamoro overtransportation and communications?

10.12 Does the Bangsamoro Government have a role in therehabilitation and development of former combatants?

10.13 Is there a dedicated fund for rehabilitation anddevelopment?

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11 Plebiscite11.1 Which areas will participate in the plebiscite for the

rati cation of the BBL?11.2 Can other areas still opt to join the Bangsamoro after

the plebiscite is conducted?11.3 How will the Bangsamoro Government govern LGUs

and geographic areas that opted to be part of theBangsamoro but may be geographically dispersed?

12 Bangsamoro Transition Authority12.1 What is the Bangsamoro Transition Authority (BTA)?12.2 What is the composition of the BTA?12.3 What are the powers of the BTA?12.4 What are the functions and priorities of the BTA?12.5 How will the transition plan be formulated?12.6 Who shall perform the functions of government during

the transition period?12.7 What is the composition of the Interim Cabinet?12.8 Can the Bangsamoro Government still change the

bureaucracy created by the BTA ?12.9 When the BTA is in place, will all o ces and positions in

the current ARMM be deemed abolished that personnelwill have to immediately vacate their positions?

12.10 Will a ected ARMM personnel separated from serviceby the organization of the Bangsamoro government beentitled to bene ts?

12.11 Is there a requirement in the BTA in the hiring andplacement of personnel during the transition period?

12.12 Will there be funding for the BTA and the transition

process?12.13 When will the rst regular election for the Bangsamoro

Government be held?

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Sidebar QuestionsA. The Bangsamoro is authorized to adopt its o cial ag,

emblem and anthem. Does this mean that it is a state withinthe Philippine state?

B. Will the proposed BBL lead to the dismemberment of thePhilippine republic and separation of the Bangsamoro fromthe Philippine state?

C. Will the proposed BBL bene t all residents of theBangsamoro or only the Moro Islamic Liberation Front (MILF)that negotiated its terms with the Philippine Government?

D. Is there any basis for some fears and concerns that in theBangsamoro, the religious practices of Christians and people

of other faiths will be regulated or curtailed? Will the sellingand consumption of alcoholic drinks and pork be prohibitedin the Bangsamoro?

E. Are Bangsamoro people Filipinos?F. In the proposed BBL, the Bangsamoro Government shall

have exclusive power to regulate power generation,transmission and distribution. What will be the implicationsof this power in cases where hydroelectric power is producedin the Bangsamoro territory such as in Lake Lanao which is amajor source of electricity for the whole Mindanao?

G. What will be the e ect of the enactment of the proposedBBL on the Internal Revenue Allotment (IRA) of LGUs thatwill be part of the Bangsamoro?

H. Will MILF ghters be integrated in the Philippine NationalPolice (PNP) and/or in the Armed Forces of the Philippines?

I. Why are the provisions on normalization in theComprehensive Agreement on the Bangsamoro (CAB)particularly decommissioning of MILF troops not included inthe proposed BBL?

J. What is the process for the decommissioning of the MILFforces and weapons?

K. How will the six (6) municipalities and the thirty-nine (39)barangays included in the plebiscite and voted yes fortheir inclusion in the Bangsamoro be governed? Of whichmunicipality or province will they be part of?

L. What I can I do to help in the approval of the proposed BBL?


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It is a certi ed urgent bill proposed to theCongress by the President to be the Basic Lawof the new Bangsamoro political entity thatwill replace the current Autonomous Region inMuslim Mindanao (ARMM). When approvedinto law, the proposed BBL will implement theFramework Agreement on the Bangsamoro(FAB) and its Annexes entered into betweenthe Government of the Philippines (GPH) andthe Moro Islamic Liberation Front (MILF).

When approved by the majority of the membersof the House of Representatives and the Senate,signed into Law by the President and rati ed bythe majority of votes cast in the plebiscite to beheld in the identi ed Bangsamoro areas (Art. 15,

sec. 1-4). The BBL will be enforced only withinthe provinces, cities and geographic units thatrati ed it. (Art. 1, sec. 3)

To establish a political entity, provide for itsbasic structure of government in recognitionof the justness and legitimacy of the cause ofthe Bangsamoro people and their aspirationto chart their political future through ademocratic process that will secure their identityand posterity and allow for meaningful self-governance. (Art. 1, sec. 3)

A. The Bangsamoro isauthorized to adopt itsofficial ag, emblem andanthem. Does this meanthat it is a state within thePhilippine state?

B. Will the proposed BBL leadto the dismembermentof the Philippine republicand separation of theBangsamoro from thePhilippine state?

No, because this authority is notonly granted to the Bangsamorobut also to local government units(LGUs) and other governmentalentities. The ARMM Organic Lawor R.A. 9054 already empoweredthe Regional Assembly of theARMM to pass a law adoptingan official regional emblem, sealand hymn. The Flag and HeraldicCode of the Philippines or R.A.8491 authorizes any governmentalentity to adopt its own heraldicdevices or items.

No. The proposed BBL envisions

a genuinely autonomous not anindependent Bangsamoro thatis created in accordance withthe Philippine constitution. Theproposed BBL is to be enacted byCongress and submitted to theBangsamoro constituents in aplebiscite. It also clearly speciesthat the Bangsamoro territoryshall remain part of the Republicof the Philippines. The proposedBBL is a formula for unity notdismemberment of the Philippinerepublic.

1 General Principles and Policies

1.2 What is the purpose of the BBL?

1.3 How shall the proposed BBLbecome a law?

1.1 What is the proposed

Bangsamoro Basic Law (BBL)?


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1. The Bangsamoro is empowered to exerciseself-governance and self-determinationto pursue its economic, social and culturaldevelopment (Article IV, Sec. 1). It exercisesself-governance under a democratic systemwhere people freely participate in the politicalprocesses (Sec. 2) cognizant of the Philippineconstitution and the universally acceptedprinciples of human rights, liberty, justice,democracy and standards of international law(Preamble). It has the highest form of scalautonomy to enhance the economic, self-su ciency and genuine development in theBangsamoro as distinguished from the otherregion in the Philippines. (Art. XII, Sec. 1)

2. The Bangsamoro territory is part of thePhilippines (Art. III, Sec. 1). The BangsamoroGovernment shall promote unity, peace,justice and good will among all peoples as wellas encourage a just and peaceful settlementof disputes (Art. IV, Sec. 5). It shall establisha government that ensures that every citizenin the Bangsamoro is provided the basicnecessities and equal opportunities in life.Social Justice shall be promoted in all phasesof development and facets of life within theBangsamoro (Art. IV, Sec. 7).

3. In its relations with the Central Government,the Bangsamoro government shall be underthe general supervision of the Presidentto ensure that laws are faithfully executedconsistent with the principle of autonomy andthe asymmetric relations of the Central andBangsamoro Governments (Art. VI, Sec. 1).

1.4 What are the key principles

and policies in the proposed BBL?

C. Will the proposed BBLbenet all residents of theBangsamoro or only theMoro Islamic Liberation Front(MILF) that negotiated itsterms with the PhilippineGovernment?

Yes it will benet all residentsand not just the MILF..The proposed BBL envisionsthat all Filipino citizens in theBangsamoro irrespective ofidentity and creed will enjoyequal rights and privileges andshare responsibilities in theBangsamoro. The proposedBBL creates democratic andinclusive institutions such as theBangsamoro Parliament whereall citizens in the Bangsamoro

will be given the opportunityto participate either directlyor through their electedrepresentatives. Any Christiansettler or indigenous person, shallhave the same political, civil,social and economic rights of aMoro. Any citizen shall have thesame rights and privileges of amember of Moro revolutionarygroups such as the MILF and theMoro National Liberation Front(MNLF). The Preamble of theproposed BBL clearly provides thatthe source and beneciaries of theproposed BBL are the Bangsamoropeople and other inhabitants ofthe Bangsamoro.

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Those who at the time of conquest and colonization were considerednatives or original inhabitants of Mindanao and the Sulu archipelago andits adjacent islands including Palawan, and their descendants, whetherof mixed or of full blood, shall have the right to identify themselvesas Bangsamoro by ascription or self-ascription. Spouses and theirdescendants are classi ed as Bangsamoro. (Art. II, sec. 1)

The migrant settlers and other indigenous peoples (IPs). In the case ofIPs, they have the freedom to choose their identity.

Yes. Article IX on Basic Rights in the proposed BBL guarantees thebasic rights of all inhabitants in the Bangsamoro including the migrantsettlers. Among these rights are the right to equal opportunity andnon-discrimination in social and economic activity and public service,regardless of class, creed, disability, gender and ethnicity. The rightto freedom from religious, ethnic and sectarian harassment is alsoguaranteed. Vested property rights shall be recognized and respected.

2 Bangsamoro Identityand Basic Rights

2.1 Who are the Bangsamoro people?

2.2 Apart from the Bangsamoro people, who arethe other inhabitants of the Bangsamoro?

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Yes. The Bangsamoro Government recognizesthe rights of the Indigenous peoples andshall adopt measures for the promotion andprotection of their rights including amongothers:

a. Right to their native titles and/or fusaka ingedb. Indigenous customs and traditionsc. Justice system and indigenous political

structuresd. Equitable share in revenues from the

utilization of resources in their ancestral landse. Right to free and prior informed consent in

relation to development initiatives.f. Right to political participation in the

Bangsamoro government including two (2)reserved seats in the Bangsamoro Parliamentand representation in the Council of Leaders,Cabinet and the Bangsamoro TransitionAuthority. The Bangsamoro Parliament shallcreate an appropriate o ce or ministry for

the Indigenous Peoples (Article V, Section3, Item 30), establish a tribal university forIPs, and the Bangsamoro Parliament maylikewise create appropriate local governmentunits in the areas inhabited predominantly byindigenous peoples (Article V, Section 3, Itemno. 57).

g. Right to Basic Services

h. Right to freedom of choice as to theiridentity. (Art. IX, sec. 5)

2.4 Are the rights and welfares

of the indigenous peoplesrecognized, guaranteed andprotected in the proposed BBL?

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D. Is there any basis forsome fears and concernsthat in the Bangsamoro,the religious practicesof Christians andpeople of other faithswill be regulated orcurtailed? Will theselling and consumptionof alcoholic drinks andpork be prohibited in the

Bangsamoro?

There is no basis for curtailingreligious practices of non-Muslims and for banningthe selling and consumptionof alcoholic drinks and porkin the Bangsamoro. The Billof Rights in the PhilippineConstitution is enforceablein the Bangsamoro and itguarantees the freedomand free exercise ofreligion. The proposed BBLguarantees right to freedomfrom religious, ethnic andsectarian harassment. WhileIslamic values underpin theBangsamoro, they will not

be imposed on non-Muslimswhose religious practices andbeliefs are protected by thePhilippine Constitution andthe Bangsamoro Basic Law.Shariah law, for example,shall be applicable only toMuslims.

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Yes. The Bangsamoro Government shall uphold and protect thefundamental rights of women and children including the right of womento engage in lawful employment. Women and children especiallyorphans of tender age, shall be protected from exploitation, abuse ordiscrimination. The Bangsamoro Parliament shall enact the necessarylaws for the implementation of this section (Art. IX, Sec. 10).

Aside from the reserved seat for women in the Parliament, there shallbe at least one (1) quali ed woman to be appointed to the BangsamoroCabinet. The Bangsamoro Parliament is mandated to enact a law thatgives recognition to the important role of women in nation-building andregional development and ensures representation of women in otherdecision-making and policy-determining bodies of the BangsamoroGovernment (Art. IX, Sec. 11).

The Bangsamoro Government respects, protects, and promotes therights of the children.

Bangsamoro policies and programs must take into utmost considerationthe best interest of the child, non-discrimination of children, survival anddevelopment, protection and rights of children, youth and adolescents(Art. IX, Sec. 12).

No tra cking in persons and engagement of minors in any hazardous ordeleterious forms of employment shall be tolerated (Art. IX, Sec. 9).

The Bangsamoro Government recognizes the role of women ingovernance and shall ensure the fundamental equality before the law ofwomen and men. It guarantees full and direct participation of women ingovernance and in the development process and shall, further, ensure

that women bene t equally in the implementation of developmentprograms and projects.

2.5 Are the rights and welfare of the women

and children recognized and guaranteed inthe proposed Bangsamoro Basic Law?

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The Bangsamoro Government guaranteesall fundamental rights of all workers toself-organization, collective bargaining andnegotiations, and peaceful concerted activities,including the right to strike, in accordancewith law to be passed by Parliament. In thisregard, the right of workers, whether publiclyor privately employed, to form unions,associations or federations shall not beabridged.

The workers shall participate in policy anddecision-making processes a ecting their rightsand bene ts, as may be provided by law to beenacted by the Bangsamoro Parliament. The

right of workers to security of tenure, humaneconditions of work, and a living wage shall beguaranteed. (Art. IX, Sec. 9)

Yes, there will be a Bangsamoro Human RightsCommission, which shall be independentand impartial, to ensure the promotion andprotection of human rights in the Bangsamoro.In the performance of its mandate, theCommission may exercise among others,investigatory powers, prosecutorial powers andpowers to compel attendance of witnesses andthe production of evidence (Art. IX, sec. 7).

2.6 Are labor rights guaranteed

in the proposed BBL?

2.7 Is there a mechanism to resolvecomplaints for human rightsviolations in the Bangsamoro?

E. Are Bangsamoro peopleFilipinos?

Yes, they are. Bangsamorois an identity not citizenship.Moro people are Filipinocitizens. In fact, the proposedBasic Law requires thatonly Filipino citizens can beelected to be members of theBangsamoro Parliament.

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Land mass as well as maritime, terrestrial, uvial and alluvial domains, andthe aerial domain above it. The Bangsamoro territory shall remain a partof the Philippines. (Art. III, Sec. 1)

The core territory is composed of:

1. the present geographical areas of the Autonomous Region in MuslimMindanao (ARMM);

2. the municipalities of Baloi, Munai, Nunungan, Panttar, Tagoloan andTangkal in the province of Lanao del Norte and all other barangaysin the Municipalities of Kabacan, Carmen, Aleosan, Pigkawayan, Pikitand Midsayap that voted for inclusion in the ARMM during the 2001plebiscite;

3. the Cities of Cotabato and Isabela; and4. all other contiguous areas where there is a resolution of the local

government unit or a petition of at least ten percent (10%) of theregistered voters in the area asking for their inclusion at least twomonths prior to the conduct of the rati cation of the BangsamoroBasic Law and the process of delimitation of the Bangsamoro.

(Art. III, Sec. 2)

3 Bangsamoro Territory

3.2 What is the core territory of the Bangsamoro?

3.1 What is included in the Bangsamoro territory?


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Yes, the areas which are contiguous and outside the core territory may optat any time to be part of the territory upon petition of at least ten percent(10%) of the registered voters and approved by a majority of quali ed votescast in a plebiscite. (Art. III, Sec. 3)

These are territorial waters where the Bangsamoro government willexercise maritime jurisdiction, and exclusive powers over preservation

and utilization of marine and aquatic resources. Bangsamoro waters shallextend up to 22, 224 kilometers (12 nautical miles) from the low-water markof the coasts that are part of the Bangsamoro territory (Art. II, sec. 5).

3.4 What are the Bangsamoro waters?

3.3 Is there an opportunity for geographicareas outside the core territory tobecome part of the Bangsamoro territorya ter the ratifcation o the BBL?

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4 Political Autonomy andBangsamoro Government

Art. X Section 15 of the Philippine Constitution. It provides for thecreation of an autonomous region in Muslim Mindanao consistingof provinces, cities, municipalities, and geographical areas sharing

common and distinctive historical and cultural heritage, economicand social structures, and other relevant characteristics within theframework of this Constitution and the national sovereignty as well asterritorial integrity of the Republic of the Philippines.

Sec. 18 of Art. X mandates that the organic act of the autonomousregion shall de ne the basic structure of government for the regionconsisting of the executive department and legislative assembly, bothof which shall be elective and representative of the constituent politicalunits. The proposed BBL is the organic act that de nes the Bangsamoroas the basic structure of government.

No. It is an autonomous region in contemplation of Art. X Sections 15

- 21 of the Philippine Constitution that mandate the establishment ofautonomous region in Muslim Mindanao.

4.1 What is the legal basis for the grant ofpolitical autonomy and the establishmentof the Bangsamoro Government?

4.2 Is the Bangsamoro a state or a sub-statewithin the Republic of the Philippines?


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The parliamentary/ministerial system will provide more avenues ofparticipation for a greater number. This system is more akin to thebest practices of participatory governance of the old Sultanates, Moro

liberation fronts, and of indigenous communities. It is a more appropriatesystem of government because the powers of government are vestedin the Bangsamoro Parliament. The members of the BangsamoroParliament will be directly elected by the people either through partyrepresentatives, district representatives and the reserved seats for settlercommunities, women, and indigenous peoples. The Chief Minister whoheads the ministerial government of the Bangsamoro will be electedby a majority vote of the Parliament from among its members. (ArticleVII, Sections 1-3). It is, therefore, an inclusive government where allinhabitants of the Bangsamoro can exercise their political rights throughdemocratic process. It will encourage genuine and principled politicalparties where even sectors with little resources can be elected.

Yes. Art. X, Section 17 of the constitution provides that the organic act(proposed BBL) shall de ne the basic structure of government for theregion. The only requirement is that the government shall consist of theexecutive department and legislative assembly, both of which shall beelective and representative of the constituent political units. Under theBangsamoro parliamentary system, legislative authority is vested in theParliament and executive function and authority shall be exercised by theCabinet, which shall be headed by a Chief Minister. (Art. VII, Secs. 2 and 3)

4.3 Why is the parliamentary systema more appropriate system ofgovernment for the Bangsamoro?

4.4 Is the Bangsamoro ministerial and parliamentarysystem allowed by the Philippine constitution?

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A Director General of the Bangsamoro Electoral O ce will be appointedby the President from the list of three (3) nominees submitted by theBangsamoro Parliament. Aside from enforcing national election lawsin the Bangsamoro, the BEO shall also implement the BangsamoroElectoral Code and perform the following:

1. Register and accredit regional political parties;2. In relation to plebiscite for joining the Bangsamoro, receive petitions/

resolutions to join from geographic areas;

3. Schedule plebiscites for expansion; and4. Prepare rules and regulations for Bangsamoro elections and

plebiscites, for the promulgation of the Commission on elections. Allrules and regulations governing Bangsamoro elections and plebiscitesshall emanate from the Bangsamoro Electoral O ce. (Art. VII, Sec. 9)

The Bangsamoro Parliament shall be composed of at least sixty (60)members, unless otherwise provided by the Parliament. The membersare representatives of political parties elected through a system ofproportional representation (50% of members), those elected from singlemember districts (40%) and sectoral representatives constituting 10%of the members of Parliament including reserved seats for non-moroindigenous communities, settler communities and women. It shall beheaded by a Speaker chosen by majority vote of members, a DeputySpeaker and the other o cers of the Bangsamoro Parliament as may beprovided by its rules. (Art. VII, Sec. 20)

4.7 What is the composition and functionso the Bangsamoro Electoral O fce (BEO)?

4.8 What is the composition of the Bangsamoro Parliament?

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Under the system of proportional representation (PR system), the voterwill vote for political parties duly accredited by the Bangsamoro Electoral

O ce to participate in the PR system. The political parties shall win seatsallocated for the PR system based on the percentage of the total votescast for them under this system. Out of the total of sixty (60) seats in theBangsamoro Parliament, 50% or 30 seats will be voted according to the PRsystem.

For the single member districts, voters will elect one candidate fromamong the candidates in the district where the voter resides. The

candidate who gets the highest number of votes wins the single districtseat.

There will be two (2) reserved seats for non-Moro indigenouscommunities, two (2) for settler communities, one (1) seat for the womensector and one (1) seat for other sector. The holders of these reservedseats shall be elected pursuant to the Bangsamoro Electoral Code thatwill be legislated by the Bangsamoro Transition Authority (BTA). For thereserved seats of non-Moro indigenous groups, elections will be accordingto their customary laws and indigenous processes.

1. Citizen of the Philippines2. At least twenty- ve (25) years of age on the day of the election3. Able to read and write4. Registered voter in the Bangsamoro.5. For district representatives, he/she must be a registered voter of the

district in which he/she is a candidate on the day he or she les hisor her certi cate of candidacy and has resided in said district for atleast three (3) years immediately preceding the day of the election.For the rst regular elections immediately following the enactmentof the Bangsamoro Basic Law, residency requirement is one (1) yearimmediately preceding the day of the election. (Art. VII, sec. 22)

4.9 How are members of Parliament chosen?

4.10 Who are qualifed to be members o Parliament?PotcaAutonomy&BangsamoroGovernm

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Yes. The ruling political party/parties in the Parliament must meet theexpectations of the people and members of Parliament, otherwise avote of no-con dence against the government of the day can dissolvethe government and the parliament, and a new Parliamentary electionshall be held. The dissolution of the Parliament shall be declared by theWali upon advice of the Chief Minister. The Wali is Bangsamoros titularhead performing ceremonial functions only. The Wali is chosen by theBangsamoro Parliament from a list of names of eminent residents of theBangsamoro submitted by the Council of leaders.(Art. 7, Sec. 34; Art. VII)

1. Chief Minister who heads the government of the Bangsamoro. He/she shall be elected from among the members of the Parliamentby a majority vote. The Chief Minister must be at least twenty- ve(25) years of age at the time of election, a bona de resident of theBangsamoro for three (3) years immediately preceding the days of theelections and with proven competence and probity, mentally t andknown for his/her integrity and high moral standards. (Art. VII, sec. 28).

2. Deputy Chief Minister appointed by the Chief Minister from among themembers of the Parliament. He/she may hold a cabinet position.

3. Members of the cabinet to be appointed by the chief Minister andmajority of whom must come from among the members of theParliament.

4.11 Will the ministerial and parliamentary systemensure accountability and good governance?

4.12 Who are the executive o fcersin the Bangsamoro government?

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These are powers shared between the Central Government and theBangsamoro namely:

Exclusive powers are matters over which authority and jurisdiction shallpertain to the Bangsamoro Government. There are 58 items under thelist of exclusive powers of the Bangsamoro Government, which include,among others, matters on agriculture, environment, natural resources,land management, health, education, trade, manufacturing and publicutilities, establishment of government-owned and controlled corporations(GOCCs), nancial institutions and free ports, tourism, creation of sourcesof revenue, and local administration. The full list of exclusive powers canbe found in Section 3, Article V of the proposed BBL.

5.4 What are concurrent powers of the Central

Government and the Bangsamoro Government?

5.5 What are exclusive powers of the BangsamoroGovernment and what are these powers?

1. Social security and pensions;2. Quarantine which refers to forced

isolation of persons suspectedof having been infected by

communicable diseases;3. Land registration;4. Pollution control;5. Human rights and humanitarian

protection and promotion;6. Penology and penitentiary;7. Auditing;

8. Civil Service;9. Coastguard;10. Customs and tari ;11. Administration of justice;

12. Funding for the maintenanceof national roads, bridges andirrigation systems;

13. Disaster risk reduction andmanagement; and

14. Public order and safety(Art. V, Sec. 2)

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Article X, Section 20 of the Philippine constitution provides for thelegislative powers of the autonomous region that includes matters thatmay be authorized by law for the promotion of the general welfare ofthe people of the region. The list of exclusive powers of the BangsamoroGovernment in the proposed BBL are the detailed and speci c powers onmatters under the legislative powers of the autonomous region providedin the Constitution as well as powers authorized by law to be exercised bythe ARMM and local government units. The above enumerated exclusive

powers for the Bangsamoro in the proposed BBL and in addition, thepowers previously granted to the ARMM under R.A. No. 6734, and R.A. no.9054, are now being transferred to the Bangsamoro Government as partof its exclusive powers.

The Central Government and the Bangsamoro Government shall establisha mechanism at the highest levels that will coordinate and harmonize theirrelationship. For this purpose, a primary mechanism shall be a CentralGovernment-Bangsamoro Government Intergovernmental RelationsBody. (Art. VI, Sec. 4) This high-level mechanism not present in currentARMM structures will certainly promote better and productive inter-governmental relations.

Another key coordinating body to be created is the Philippine Congress-Bangsamoro Parliament Forum for purposes of cooperation andcoordination of legislative initiatives. (Art. VI, Sec. 8)

5.6 What is the legal basis for recognition bythe proposed BBL of the exclusive powers ofthe Bangsamoro Government?

5.7 How will greater coordination and harmoniousrelations between the Central Government and

the Bangsamoro be realized?

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The proposed Basic Law creates the following bodies:

1. 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 Commissionon Audit to examine, audit, and settle all accounts pertaining to therevenues and the use of funds and property owned and held in trust by

any government instrumentality, including GOCCs (Art. V, Sec. 2, No. 7);2. The Bangsamoro Civil Service O ce which shall develop and administer

Bangsamoro government employees and o cers without prejudice tothe Civil Service Commissions powers (Art. V, Sec. 2, No. 8);

3. The Bangsamoro Electoral O ce which shall be part of the Commissionon Elections (Art. VII, Sec. 9);

4. The Bangsamoro Police which shall be part of the Philippine NationalPolice (Art. XVI, Sec. 2);

5. The Bangsamoro Commission on Human Rights (BCHR) which shallhave investigatory and prosecutorial powers; In the performance of itsfunctions, the BCHR may coordinate with the Commission on HumanRights (Art. IX, Sec. 7);

6. The Bangsamoro Police Board which shall be part of the NAPOLCOMand will perform the functions of the NAPOLCOM in the Bangsamoro(Art. XVI, Secs. 5, 6).

5.8 The proposed BBL creates Bangsamoroo fces that exercise unctions related tothose vested in constitutional bodies.How will these bodies relate to each other?

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Yes. It is essential that residents of the Bangsamoro participate in theorgans and agencies of the central government to promote productiveinter-governmental relations and the interests of the Bangsamoro in theCentral Government. Under the proposed BBL, it shall be the policy of theCentral Government to appoint competent and quali ed inhabitants of theBangsamoro in the following o ces in the Central Government: at least one(1) Cabinet Secretary, at least one (1) in each of the other departments, o cesand bureaus, holding executive, primarily con dential, highly technical, policydetermining position; and one (1) Commissioner in each of the constitutional

bodies. (Art. VI, Sec. 9)

It shall also be the policy of the Central Government that there shall be atleast one (1) Justice in the Supreme Court and two (2) justices in the Court ofAppeals at any one time who shall be quali ed individuals of the Bangsamoro.The Chief Minister may, after consultations with the Bangsamoro Parliamentand Shariah Judicial and Bar Council, submit the names of quali ed personsto the Judicial and Bar Council for its consideration. (Art. V, Sec. 27)

The BBL provides that the privileges already enjoyed by the localgovernment units under existing laws shall not be diminished unlessotherwise altered, modi ed or reformed for good governance inaccordance with a law to be enacted by the Bangsamoro Parliament (Art.V, Sec. 7). Provinces, Cities, Municipalities, Barangays and geographic areaswithin the Bangsamoro are its constituent units (Art. III, Sec. 6). The roleof LGUs and their relationship with the Bangsamoro Government are to beestablished in the Bangsamoro Local Government Code to be enacted bythe Bangsamoro Parliament. In enacting the Code and policies a ectingLGUs, the Parliament shall be bound by the limitations in the proposedBBL. Until the Bangsamoro Parliament enacts the Bangsamoro Local

Government Code, the current ARMM Local Government Code (MMAA No.25) and suppletorily the national Local Government Code (R.A. 7160) shallgovern the a airs of the LGUs in the Bangsamoro.

5.9 Will the Bangsamoro have signifcantparticipation in the central government?

5.10 What is the role of LGUs in the Bangsamoro andthe relationship between the Bangsamoro governmentand its constituent local government units (LGUs)?

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Yes, under the proposed BBL, the Bangsamoro Parliament may create,divide, merge, abolish or substantially alter boundaries of provinces,cities, municipalities or barangays in accordance with a law enacted bythe Bangsamoro Parliament, and subject to the approval by a majority ofthe votes cast in a plebiscite in the political units directly a ected. Subjectto the criteria provided in the said law, the Bangsamoro Parliament maylikewise create appropriate local government units in the areas inhabitedpredominantly by indigenous peoples.

However, when such acts require the creation of a congressional district,

the Bangsamoro Government shall cooperate and coordinate with CentralGovernment through the Philippine Congress Bangsamoro ParliamentForum to prioritize the deliberations on the creation of the congressionaldistrict. (Art. V, Sec. 3, No. 57).

Yes. This mechanism is the Bangsamoro Councilof Leaders, which shall consist of the ChiefMinister, provincial governors, mayors ofchartered cities, and representatives from thenon-Moro indigenous communities, women,settler communities, and other sectors. TheBangsamoro Council of Leaders shall be chairedby the Chief Minister. The Council shall advise theChief Minister on matters of governance in theBangsamoro (Art. VI, Sec. 5). This advisory andcoordinating mechanism is absent in the currentautonomous region. With this mechanism,there will be better coordination of policies

and programs of LGUs and the Bangsamorogovernment for the bene t of the people.

5.11 Is the Bangsamoro empowered to create LGUs?

5.12 Is there a mechanismto promote coordination

and harmony of policies andactions between the BangsamoroGovernment and LGUs?

G. What will be the effectof the enactment ofthe proposed BBL onthe Internal RevenueAllotment (IRA) of LGUsthat will be part of theBangsamoro?

The LGUs in the Bangsamorowill continue to receivethe same level of IRA. Theproposed BBL clearly providesthat in the Bangsamoro,privileges already enjoyed bythe local government unitsunder existing laws shallnot be diminished. On thecontrary, with the additionalpowers and resources grantedby the proposed BBL to theBangsamoro, its constituentLGUs are expected to getmore benets to the powersand resources granted to theBangsamoro.

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6 Justice Systemin the Bangsamoro

The justice system in the Bangsamoro consists of Shariah law whichhas supremacy and application over Muslims only; the traditional ortribal justice system for the indigenous peoples in the Bangsamoro; thelocal courts; and alternative dispute resolution systems (Art. X, Sec. 1).

1. The Shariah Courts in the Bangsamoro shall have jurisdiction overShariah law enacted by the Bangsamoro Parliament pertaining topersons and family relations, and other civil law matters, commerciallaw, and criminal law. There shall be cooperation and coordination withCentral Government regarding the Shariah justice system, through thedi erent mechanisms in the proposed BBL. (Art. X, sec. 2)

ll

Article X, Section 18 of the Philippine Constitution provides that theorganic act of the autonomous region shall provide for special courtswith personal, family, and property law jurisdiction consistent with theprovisions of the Constitution and national laws. Further, the organicact (proposed BBL) of autonomous regions shall provide for legislativepowers over matters as may be authorized by law for the promotionof the general welfare of the people of the region within its territorialjurisdiction and subject to the provisions of the Constitution andnational laws. Moreover, Congress has the power to de ne, prescribe,and apportion the jurisdiction of the various courts in the country (Art.VIII, Sec. 2).

6.1 What is the justice system in the Bangsamoro?

6.3 What are the main features of the Shariah law and courts?

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ll2. Shariah laws shall only be applicable to Muslims. Criminal laws enacted

by the Bangsamoro Parliament shall be e ective within the territoryof the Bangsamoro and shall be in accordance with the universallyaccepted principles and standards of human rights. (Art. X, sec. 3)

3. There will be three levels of Shariah courts: Shariah Circuit Courts,Shariah District Courts and the Bangsamoro Shariah Court. TheShariah High Court shall be composed of nine (9) justices, includingthe Presiding Justice. It may exercise its powers, functions and dutiesthrough three (3) divisions, each composed of three (3) members.It may sit en banc only for the purpose of exercising administrativeor ceremonial functions. The stations of the three divisions shall beCotabato City, Marawi City and Jolo, Sulu.

The types of cases that can be decided upon by the three levels of courtsare provided for in Article X, Sections 5-7 of the proposed BBL.

It is the justice system appropriate for the indigenous peoples as de ned

by them. This includes mechanisms to determine, settle and decidecontroversies and enforce decisions involving disputes between membersof the indigenous peoples concerned in accordance with the tribal codesof these communities.

6.3 What are the main features of the Shariah law and courts?

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They shall be part of the justice and court system of the Philippines.

The President shall appoint Shariah judges from the nomineessubmitted by the Judicial and Bar Council (JBC). But the JBC shallgive utmost consideration to the Shariah Judicial and Bar Councilnominees in recommending appointees to the President. The ChiefMinister shall appoint the regular members of the Shariah Judicial andBar Council composed of ve (5) members: a senior member of the

Shariah High Court as ex-o cio Chairman, the Head of the ShariahAcademy, and one (1) representative from the Bangsamoro Parliament,as ex-o cio members. Other regular members of the Council shallbe one (1) representative each from the accredited organizations ofShariah lawyers and other appropriate accredited organizations in theBangsamoro. (Art. X, Sec. 10)

6.6 What is the place of Bangsamoro justice systemand courts in the national justice and court system?

6.7 How will the Shariah Judges be appointed?

The local courts will continue to exercise their judicial functions asprovided by law.

6.5 What will be the state of local courtsunder the Bangsamoro?

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While the power over public order and safety in the Bangsamoro is aconcurrent power of the Central Government and the BangsamoroGovernment, the Bangsamoro Government shall have primaryresponsibility over internal security in the Bangsamoro. This is consistent

with the Constitution which provides that the preservation of peace andorder within the (autonomous) region shall be the responsibility of thelocal police agencies which shall be organized, maintained, supervised, andutilized in accordance with applicable laws (Art. 10, Sec. 21). The proposedBBL provides that there shall be cooperation and coordination betweenthe Central Government and the Bangsamoro Government through theintergovernmental relations mechanism (Art. XI, Sec. 1).

The proposed BBL creates a Bangsamoro Police which shall beorganized, maintained, supervised, and utilized for the primary purposeof law enforcement and maintenance of peace and order in theBangsamoro. It shall be part of the Philippine National Police.

The Bangsamoro Police shall be professional, civilian in character,regional in scope, e ective and e cient in law enforcement, fair andimpartial, free from partisan political control, and accountable underthe law for its actions. It shall be responsible to both the CentralGovernment and the Bangsamoro Government, and to the communitiesit serves. (Art. XI, Sec. 2)

7 Public Order and Safety

7.1 What is the responsibility of the BangsamoroGovernment in maintaining public order orsecurity in the Bangsamoro?

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I. Why are the provisionson normalization inthe ComprehensiveAgreement on

the Bangsamoro(CAB) particularlydecommissioning ofMILF troops not includedin the proposed BBL?

The normalization processis based on the FrameworkAgreement on theBangsamoro (FAB) of theCAB between the Philippinegovernment and the MILF andshall proceed independentlyfrom the enactment of theBBL. The BBL is the basisfor the establishment ofthe Bangsamoro whilethe normalization processseeks to prepare MILFcombatants and communities

to have a constructive andproductive role in the newBangsamoro political entity.The normalization processis proceeding even beforethe BBL is enacted. Theenactment of the BBL and thenormalization process whileintimately linked are twodistinct processes that willcontribute to the same goalof evolving a peaceful andprogressive Bangsamoro.

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It shall be headed by a Bangsamoro PoliceDirector, who shall be assisted by at least two(2) deputies. They shall be professional policeo cers with the rank of, at least, Police ChiefSuperintendent. For a period of ten (10) years,immediately following the enactment of theBBL, the head of the Bangsamoro Police andhis deputies may be selected from a list ofBangsamoro Police o cers with a rank of Police

Senior Superintendent.

It shall have regional, provincial, and city ormunicipal o ces;

The provincial o ce shall be headed by aprovincial director, who shall be a professionalpolice o cer with the rank of, at least, police

superintendent; and

The city or municipal o ce or station shall beheaded by a Chief of Police, who shall be aprofessional police o cer with the rank of, atleast, police superintendent for the city andpolice inspector for the municipality.(Art. XI, sec. 4)

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The National Police Commission shall exerciseits powers over the Bangsamoro Police throughthe Bangsamoro Police Board, which shallperform the functions of the National PoliceCommission in the Bangsamoro. The boardshall be part of the National Police Commission(NAPOLCOM). The NAPOLCOM shall ensurethat the Bangsamoro Police Board performs its

powers and functions within the bounds of itsauthority. One of the powers of the BangsamoroPolice Board is to recommend to appropriateauthorities the appointments of the BangsamoroPolice Director and his Deputies, the ProvincialDirectors, and City and Municipal chiefs of theBangsamoro Police. (Art. XI, Sec. 5)

The Board shall be composed of eleven (11)members. Six (6) members of the Board shallcome from the Bangsamoro Parliament and

ve (5), from various sectors. All the six (6)members from the Parliament shall not hold anyministerial post. All the members thereof shallbe appointed by the Chief Minister in accordancewith the rules promulgated by the BangsamoroParliament for this purpose.

The Chairman of the Board shall be an ex-o ciocommissioner of the National Police Commissionon matters dealing with the Bangsamoro Police.(Art. XI, Sec. 6)

7.5 What is the relationship ofthe Bangsamoro Police withthe National Police Commission?

J. What is the process forthe decommissioningof the MILF forces andweapons?

Under the FAB of the CAB,there will be a ceremonialturn-over of 20 crew-served weapons and 55high-powered rearmsto the IndependentDecommissioning Body(IDB) at the beginning of thedecommissioning process. The

IDB is composed of expertsfrom Brunei, Turkey andNorway and four (4) localexperts.

Once the Bangsamoro billis ratied in Congress andthrough a plebiscite, theMILF will decommission 30%of its forces and weapons.Another 35% of MILFforces and weapons will bedecommissioned once theBangsamoro police force hasbeen established.

The rest of MILF forcesand weapons will bedecommissioned once both

sides have agreed with theevaluation of the Third PartyMonitoring Team (TPMT)assessing the process thatall commitments in the peacedeal have been completed(see attachment to the Annexon Normalization-Programfor Normalization in theBangsamoro).

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The Chief Minister shall have the following powers over the BangsamoroPolice:

a. To act as deputy of the National Police Commission in the Bangsamoroand as ex o cio chair of the Bangsamoro Police Board;

b. To select the head of the Bangsamoro Police and his deputies;c. To exercise operational control and supervision and disciplinary powers

over the Bangsamoro Police;d. To employ or deploy the elements of and assign or reassign the

Bangsamoro Police through the Bangsamoro Police Director. TheBangsamoro Police Director shall not countermand the order of theChief Minister unless it is in violation of the law;

e. To oversee the preparation and implementation of the IntegratedBangsamoro Public Safety Plan;

f. To impose, after due notice and summary hearings of the of the citizenscomplaints, administrative penalties on personnel of the BangsamoroPolice except those appointed by the President; and

g. Do everything necessary to promote widespread support for theBangsamoro Police by residents of the Bangsamoro. (Art. XI, sec. 8)

7.6 What are the powers of the Chief Ministerover the Bangsamoro Police?

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Police O cer I to Senior Police O cer IV. Appointed by the head ofthe Bangsamoro Police and attested by the Civil Service Commission.Personnel for the Bangsamoro Police shall also be appointed by its head.

Inspector to Superintendent. Appointed by the Chief of the PhilippineNational Police, as recommended by the head of the Bangsamoro Policeand the Chief Minister, and attested by the Civil Service Commission; and

Senior Superintendent and above. Appointed by the President uponrecommendation of the chief of the Philippine National Police, with properendorsement by the Chief Minister and the Civil Service Commission, andsubject to con rmation by the Commission on Appointments.(Art. XI, Sec. 10)

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The defense and security of the Bangsamoro shall be the responsibilityof the Central Government. The Central Government may create aBangsamoro Command of the Armed Forces of the Philippines forthe Bangsamoro, which shall be organized, maintained, and utilized inaccordance with national laws. Quali ed inhabitants of the Bangsamoroshall be given preference for assignments in the said BangsamoroCommand. (Art. XI, Sec. 15)

The President, being the Commander-in-chief, has the sole authority overthe Armed Forces of the Philippines (AFP). This is one of the reservedpowers of the Central Government, which is defense and external security.However, the Chief Minister may request the President to call upon theArmed Forces of the Philippines:

a. To prevent or suppress lawless violence, invasion, or rebellion, when thepublic safety so requires, in the Bangsamoro;

b. To suppress the danger to or breach of peace in the Bangsamoro, whenthe Bangsamoro Police is not able to do so; or

c. To avert any imminent danger to public order and security in the area ofthe Bangsamoro. (Art. XI, sec. 16)

7.8 What is the role of the Central Governmentin the defense of the Bangsamoro?

7.9 Who has authority over the Armed Forcesof the Philippines in the Bangsamoro?

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8 Fiscal Autonomy

The Bangsamoro can attain the highest form of economic and self-su ciency and genuine development. One of the most signi cantinnovations in the proposed BBL is the entitlement of the Bangsamoroto an annual block grant from the Central Government and the improvedsharing of revenues in exploration, development, and utilization of the

natural resources within its territorial jurisdiction in the Bangsamoro.

The proposed BBL provides signi cant additional sources of funds forthe Bangsamoro. The Bangsamoro Government shall have the power tocreate its own sources of revenues which shall include:

a. Taxes;b. Fees and charges;c. Annual block grant coming from Central Government;d. Revenues from the exploration, development and utilization of natural

resources derived from areas/territories, land or water, covered by andwithin the jurisdiction of the Bangsamoro;

e. Revenues from Bangsamoro government-owned and/or controlledcorporations (GOCCs), nancial institutions and other corporations,and shares from the revenues of national GOCCs and its subsidiariesoperating in the Bangsamoro, as may be determined by theintergovernmental scal policy board;

f. Grants from economic agreements entered into by the BangsamoroGovernment and conventions to which the Central Government is aparty;

g. Grants and donations; andh. Loans and Overseas Development Assistance (ODA)(Art. XII, Sec. 6)

8.1 What is fscal autonomy and why is itimportant for the Bangsamoro?

8.2 Will the Bangsamoro have more funds than thecurrent ARMM to improve the living conditionsof the Bangsamoro people?


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Capital gains tax, documentary stamp tax, Donors tax, estate tax, incometax levied on banks and other nancial institutions, registration fees ofvessels registered with the Bangsamoro Government and wharfage onwharves constructed and maintained by the Bangsamoro Government orthe local government unit concerned; tolls on bridges and roads; taxes,fees, or charges on agricultural and aquatic products; excise taxes onarticles that are not enumerated under the National Internal RevenueCode; taxes, fees or charges on countryside, barangay enterprises andcooperatives and such other taxes that were allowed to be levied by theGovernment of the Autonomous Region in Muslim Mindanao underRA 6734, RA 9054, and other legislations and executive issuances.(Art. XII, sec. 9)

The proposed BBL provides for a higher share of the Bangsamoro fromCentral Government taxes, fees, and charges collected in the Bangsamoro,other than tari and customs duties. The Bangsamoro shall get 75%and the Central Government 25% of the total collection. The share ofthe Central Government shall, for a period of ten years, be retained bythe Bangsamoro Government. This period may be extended by mutual

agreement of the Central and Bangsamoro Governments. (Art. XII, Sec. 10)

8.3 What are the taxes that can be fully

imposed by the Bangsamoro Government?

8.4 How about the share of the Bangsamorofrom national taxes?

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Yes. First, the proposed BBL authorizes the Bangsamoro Parliament toestablish the Bangsamoro Tax O ce for the purpose of assessing andcollecting Bangsamoro taxes. The Bangsamoro Government and theCentral Government may come to an agreement as to modalities forthe collection and remittance of national taxes, including costs in theBangsamoro. Second, until such time that the Bangsamoro Tax O ce isestablished, the collection shall be done by the Bureau of Internal Revenue(BIR). The share of the Bangsamoro Government shall be directly remittedto it. Third, to insure that the Bangsamoro gets the rightful share of incomefrom business activities of corporations in the Bangsamoro but pay theirincome taxes in their main o ces elsewhere, corporations are requiredto pay the income taxes corresponding to the income realized from theirbusiness operations in the Bangsamoro to the city, or municipality wheretheir branch o ces or business operations or activities are located. TheBIR and the Bangsamoro Tax O ce shall agree on modalities for the lingof income tax returns through the Intergovernmental Fiscal Policy Board.(Art. XII, Sec. 11)

The Intergovernmental Fiscal Policy Board (IGFPB) is the body thatshall address revenue imbalances and uctuations in regional nancialneeds and revenue-raising capacity of the Bangsamoro. It shall alsoaddress disputes between the Central Government and the BangsamoroGovernment involving collection of taxes. It shall be composed of theheads and/or representatives of the appropriate ministries and o cesin the Bangsamoro Government. The Central Government shall berepresented in the Board by the Secretary of Finance and such othero cials as may be necessary. (Art. XII, Sec. 35)

8.5 Does the proposed BBL address the perennial

administrative gaps that cause slow or non- remittance of the fair share of the autonomousregion from national taxes?

8.6 What is the IntergovernmentalFiscal Policy Board (IGFPB)?


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It is the share of the Bangsamoro in the national internal revenue ofthe Government. The amount shall be su cient for the exercise of thepowers and functions of the Bangsamoro Government under the BBLwhich shall in no case be less than the last budget received by the ARMMimmediately before the establishment of the Bangsamoro TransitionAuthority. This annual block grant shall be equivalent to four percent (4%)of the net national internal revenue collection of the Bureau of InternalRevenue less the internal revenue allotment of local government units.To promote scal autonomy of the Bangsamoro, the annual block grant

shall be automatically appropriated to the Bangsamoro Governmentand re ected in the General Appropriations Act. The block grant shall bereleased without need of any further action, directly and comprehensivelyto the Bangsamoro Government, and which shall not be subject to any lienor holdback that may be imposed by the Central Government for whateverpurpose. (Art. XII, Sec. 15, 16)

1. Foreign and domestic loans after approval by a majority of all themembers of the Bangsamoro Parliament except those that requiresovereign guaranty in which case Central Government approval has to beobtained.

2. Bills, bonds, notes, debentures and obligations issued by the BangsamoroGovernment pursuant to a law enacted by the Bangsamoro Parliament.

3. Overseas Development Assistance which shall be governed by alegislation of the Parliament.

4. Grants and donations from foreign and domestic donors.5. Economic agreements subject to the reserved powers of the Central

Government over foreign a airs.6. Cultural Exchange, Economic and Technical Cooperation with other

countries with assistance of Philippine embassies and consulates.

7. Government Owned and/or Controlled Corporations and FinancialInstitutions which the Bangsamoro is empowered to create inaccordance with the law passed by the Parliament. (Art. XII, secs. 22-31)

8.7 What is the annual block grant tothe Bangsamoro?

8.8 What other sources of funds can be tapped bythe Bangsamoro Government for the developmentof the Bangsamoro?

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F i s c a

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Within six (6) months from the establishment of the BangsamoroTransition Authority (BTA), the Intergovernmental Fiscal Policy Boardshall determine the participation of the Bangsamoro in the ownership andmanagement and mode of transfer of ownership of the of Al-Amanah Bankand the SPDA to the Bangsamoro Government. (Art. XII, Sec. 30)

The proposed BBL has additional and stricter mechanisms to promoteaccountability and transparency in the disposition of public funds in theBangsamoro. Apart from the National Commission on Audit (COA), aBangsamoro Commission on Audit (BCA) is created which shall havethe power, authority and duty to examine, audit, and settle all countspertaining to the revenue and receipts of, and expenditures or uses offunds and property, owned or held in trust by, or pertaining to the public

funds utilized by the Bangsamoro. (Art. XII, Sec. 2). With both COA andBCAs oversight of public funds, actions of public o cials in disposition ofpublic funds will be subjected to greater scrutiny and accountability.

a. For non-metallic minerals (sand, gravel,and quarry resources), such revenuesshall pertain fully to the Bangsamoroand its local government units;

b. For metallic minerals, seventy- vepercent (75%) shall pertain to theBangsamoro;

8.9 What will happen to the Southern PhilippineDevelopment Authority (SPDA) and Al-AmanahIslamic Investment Bank?

8.11 How can we ensure that public funds are used judiciously in the Bangsamoro?

8.10 How will the income from the exploration, development

and utilization of natural resources in the Bangsamoro beshared between the Bangsamoro and Central Governments?

c. For fossil fuels (petroleum,natural gas, and coal)and uranium, incomeshall be shared equallybetween the Central andBangsamoro Government.

This sharing scheme shall be applicable to the natural resources found in theland mass that comprise the Bangsamoro territory as well as the waters thatare within the territorial jurisdiction of the Bangsamoro. (Art. Art. XII, sec. 32)


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First, social justice and the Bangsamoro Parliament is mandatedto legislate laws on Bangsamoro economy and patrimony that areresponsive to the needs of the people. Second, equitable and sustainabledevelopment where development in the Bangsamoro must be carefully

planned taking into consideration the natural resources that are availablefor its use and for the use of future generations. (Art. XIII, Secs. 1, 2)

Yes, the Bangsamoro Parliament shall create the Bangsamoro Sustainable

Development Board (BSDB), an intergovernmental body composedof representatives from the Bangsamoro Government and the CentralGovernment. The Board shall ensure the harmonization of environmentaland development plans, as well as to formulate common environmentalobjectives. (Art. XIII, sec. 4)

9 Economy and Patrimony

9.1 What are the basic policies onBangsamoro economy and patrimony?

9.2 Is there a mechanism to ensure observanceand implementation of these policies?

EconomyandPatrmony


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10 Natural Resources

The Bangsamoro Governments authority over the exploration,development, and utilization of resources include:

First, the Bangsamoro Government shall have the power to declarenature reserves, aquatic parks, forests, watershed reservations, and

protected areas in the Bangsamoro. Protected areas that are currentlyunder the management of the National Government shall be transferredto the Bangsamoro Government within a period not exceeding two (2)years (Art. XIII, Secs. 8, 9).

Second, the Bangsamoro Government shall have exclusive powers toregulate, manage, and protect inland waters in the Bangsamoro(Art. XIII, Secs. 22).

Third, the National and Bangsamoro Governments shall jointly explore,develop, and utilize fossil fuels and uranium in the Bangsamoro(Art. XIII, Sec. 10). Fourth, the entry into Financial and Technical Assistance Agreementsover mineral resources in the Bangsamoro by the President shall be uponthe recommendation of the Bangsamoro Government (Art. XIII, Sec. 14).(From the FAQ on the BBL, www.opapp.gov.ph)

10.1 What is the scope of the Bangsamoro Governmentspowers over natural, energy, and mining resources?


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The Bangsamoro Government shall jointly exercise this power with theCentral Government. This power includes the power to grant rights,privileges and concessions over the exploration, development andutilization of fossil fuels (petroleum, natural gas, and coal) and uraniumin the Bangsamoro. In the process for the grant of rights and privilegesand concessions, quali ed citizens and a bona de resident of theBangsamoro will receive a rating higher than other proponent during theevaluation process (Art. XIII, Sec. 10)

Yes. Quali ed citizens who are bona de inhabitants of the Bangsamoroshall have preferential rights over the exploration, development andutilization of natural resources, including fossil fuels (petroleum, naturalgas, and coal) and uranium with the Bangsamoro territory.(Art. XIII, Sec. 11)

The Bangsamoro Government shall have authority and jurisdiction overthe exploration, development and utilization of mines and minerals in its

territory. Permits and licenses and the granting of contracts for this purposeshall be within the powers of the Bangsamoro Government. (Art. XIII, Sec.13) These policies are still to be drawn up by the Bangsamoro Parliamentaccording to the Comprehensive Sustainable Development Plan, as wellas its over-all medium term and long-term Bangsamoro DevelopmentPlan. In any case, small scale mining shall be regulated by the BangsamoroGovernment to the end that the ecological balance, safety and health,and the interests of the a ected communities, the miner, the indigenous

peoples, and the local government units of the place where such operationsare conducted are duly protected and safeguarded. (Art. XIII, Secs. 15, 17)

10.2 What is the scope of the power of the BangsamoroGovernment over exploration, development andutilization of fossil fuels and uranium?

10.3 Will inhabitants of the Bangsamoro enjoypreferential rights over exploration, development andutilization of natural resources in the Bangsamoro?

10.4 What are the policies of the Bangsamoro on mining?

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These are areas in Sulu Sea and the Moro Gulf, the coordinates of whichshall be de ned by a joint body composed of representatives from the

Department of Environment and Natural Resources (DENR) and theNational Mapping and Resource Information Authority (NAMRIA) andan equal number of representatives from appropriate agencies of theBangsamoro Government. The establishment of the Zones recognizesthe signi cant role and responsibility of the Bangsamoro in regulating,utilizing and protecting its key water resources. The Zones are notconsidered part of the Bangsamoro territory. (Art. XIII, Sec. 18)

There will be a Joint Body for the Zones of Joint Cooperation composedof a Bangsamoro Minister as Chair, at least one (1) representative of aconstituent local government unit of the Bangsamoro adjacent to theSulu Sea, at least one (1) representative of a constituent local governmentunit of the Bangsamoro adjacent to the Moro Gulf, the Secretary ofEnvironment and Natural Resources, the Secretary of Agriculture, andthe Secretary of Transportation and Communication of the CentralGovernment, and their counterpart o cials from the appropriateBangsamoro o ces and/or agencies. There shall be at least one (1)representative from an adjoining local government unit that is not partof the Bangsamoro, and adjacent to the Sulu Sea, and at least one (1)representative from an adjoining local government unit that is not part ofthe Bangsamoro, and adjacent to the Moro Gulf. The Joint Body shall beresponsible for drawing up of policies mentioned in the preceding Section,as well as those necessarily related thereto. The joint body may invite private sector representatives from the shingand transportation industries whenever necessary. (Art. XIII, Sec. 19)

(More detailed answer from proposed BBL)

10.5 What are Zones of Joint Cooperation?

10.6 How will the Zones of Joint Cooperation be administered?


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The Bangsamoro Government recognizes the private sector as a moverof trade, commerce, and industry. It shall encourage and support thebuilding up of entrepreneurial capability in the Bangsamoro and shallrecognize, promote, and protect cooperatives.

The Bangsamoro Government shall promote trade and industry in theBangsamoro by providing avenues through which other countries canlearn about its unique industries, economic opportunities and culturethrough participation in trade missions, trade fairs, and other promotional

activities. It can also organize trade missions to other countries observingthe necessary coordination with the relevant government agencies.

The Bangsamoro Government promotes domestic trade preference forgoods produced and materials sourced from within the Bangsamoroand adopt measures to increase their competitiveness. The BangsamoroGovernment shall also ensure that Bangsamoro products and servicesgain considerable access to the markets of its trading partners, and

particular attention should also be given to the markets of its tradingpartners who have historic and cultural ties to the Bangsamoro peoples.

The Bangsamoro Government provides technical and skills trainingprograms, create livelihood and job opportunities, and allocate equitablepreferential rights to its inhabitants. In this regard, the BangsamoroParliament may adopt laws that will safeguard the rights of workers.(Art. XIII, Sec. 24)

(More detailed answer as per proposed BBL)

The Bangsamoro Government shall regulate these historical economic

activities that have been taking place since time immemorial. The goodsor items that are traded with ASEAN countries shall not be sold elsewherein the country without payment of appropriate customs or import duties.(Art. XIII, Sec. 25)

10.7 What are the policies on trade and industryin the Bangsamoro?

10.8 What is the scope of the power of theBangsamoro Government over barter tradeand countertrade with ASEAN countries?Na

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Yes. The Bangsamoro Government may establish economic zones,industrial estates and free ports in the Bangsamoro. Through the

intergovernmental relations mechanism, the Bangsamoro Governmentand the Central Government shall cooperate on customs, immigration,quarantine service including the attendant international commitmentsthereto, to implement and make fully operational such economiczones, industrial estates, and free ports within one (1) year from theirestablishment. Business and other enterprises operating within theBangsamoro economic zones, industrial estates and free ports shall beentitled to the scal incentives and other bene ts provided by the Central

Government to special economic zones. (Art. XIII, Sec. 26)

(as per proposed BBL)

Banking and nance remains to be under the Central Government.However, the Bangsamoro Government shall encourage the establishmentof banks and nancial institutions and their branches and o -shore bankingunits of foreign banks within the Bangsamoro and principles of the Islamicbanking system. The Bangsamoro Government, the Bangko Sentral ngPilipinas (BSP), the Department of Finance and the National Commissionon Muslim Filipinos shall jointly promote the development of an Islamicbanking and nance system to include among others the establishment ofa Shariah Supervisory Board. (Art. XIII, Sec. 30)

10.9 Can the Bangsamoro Government create economic zones?

10.10 What are the powers of the BangsamoroGovernment over banking and fnance? Can there beIslamic banking and fnance in the Bangsamoro?


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The Bangsamoro Government shall exercise such other powers, functions,and responsibilities that have been devolved or decentralized to the ARMM.Furthermore, the Bangsamoro and Central Governments, will, through theintergovernmental relations body, determine the exercise of additionalpowers, functions and responsibilities relating to transportation andcommunications in the Bangsamoro in recognition of the Bangsamorosaspiration to assume further powers as may be practically operationalizedas its capacity develops. All revenues derived by the BangsamoroGovernment from the exercise of its powers, functions and responsibilities

shall pertain to the Bangsamoro Government. (Art. XIII, Sec. 31)

Yes, the Bangsamoro Government with support from the CentralGovernment is mandated to intensify development e orts for rehabilitationand development of MILF combatants/BIAF members and decommissioned

women auxiliary forces, internally displaced persons and poverty-strickencommunities (Art. IV, Sec. 1). Moreover, according to the FrameworkAgreement on the Bangsamoros Annex on Normalization provision underJ. Con dence-Building Measures: (J.2) To facilitate the healing of thewounds of con ict and the return to normal life, the government shall takeimmediate steps through amnesty, pardon and other available processestowards the resolution of cases of persons charged with or convicted ofcrimes and o enses connected to the armed con ict in Mindanao.

Yes, the Central Government shall provide for a Special DevelopmentFund consisting of Php 7 Billion for the rst year following rati cation ofthe Basic Law, Php 10 Billion for the next ve (5) years at th

This Primer on the proposed Bangsamoro Basic Law (BBL)

Documents

Transcript of This Primer on the proposed Bangsamoro Basic Law (BBL)