PARTIAL LIST OF AMENDMENTS (SB 2408 vis-à-vis SB 2894) As of August 14, 2015

Prepared by: Legal Team of the Government Panel for Talks with the MILF

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I. Powers A. Deleted (no substitute formulation provided)

1. From Exclusive Powers a) Inland waters b) Contract loans, credits, and other forms of indebtedness (however, loans as a revenue source of the Bangsamoro Government is retained) c) Establishment of GOCCs and GFIs d) Protection of IPs (However Basic Rights provision on Indigenous Peoples is preserved) e) Land management, land distribution, and agricultural land use reclassification f) Registration of births, marriages, and deaths g) Water supplies and services, flood control, and irrigation systems in the Bangsamoro h) Power to temporarily take over or direct operation of privately-owned public utility or business affected with public interest in times of state of calamity i) Power to recognize constructive or traditional possession of lands and resources by ICCs j) Power to adopt and implement a comprehensive urban land reform and land use program k) Power to enact law that would allow augmentation in any item in the Bangsamoro GAA

2. From Concurrent Powers a) Land registration b) Penology and penitentiary

3. Removed power to enact Electoral Code (except on the manner of election of sectoral and other representation in Parliament) 4. Removed power of the Bangsamoro Parliament to redistrict

B. Added to reserved

1. Internal security 2. Residual clause: All other powers, functions, and responsibilities not granted by the 1987 Philippine Constitution or by law to the autonomous region

C. Transferred

1. From exclusive to reserved: a) Free ports b) Supervision over banks and non-banks financial institutions

2. From exclusive to concurrent: a) Islamic banking

PARTIAL LIST OF AMENDMENTS (SB 2408 vis-à-vis SB 2894) As of August 14, 2015

Prepared by: Legal Team of the Government Panel for Talks with the MILF

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b) Health c) Science and technology d) Research councils and scholarships e) Libraries, museums, historical, cultural, and archaeological sites f) Cadastral land survey g) Environment, parks, forest management, wildlife, nature reserves and conservation h) Special development programs and laws for women, the youth, the elderly, labor, the differently-abled, and ICCs

D. Altered

1. Jurisdiction over “strategic minerals” including uranium, petroleum, other fossil fuels, mineral oils, and all sources of potential energy reserved to the National Government. Deleted participation of the Bangsamoro Government in the selection process for awarding service contracts. This contradicts the power of the Bangsamoro Government to regulate power generation utilities not connected to the Mindanao/national grid. 2. Jurisdiction over civil service matters (removed power of the Bangsamoro Parliament to enact a civil service law) 3. Creation of LGUs: The Bangsamoro Parliament can only create barangays 4. Jurisdiction of Shari’ah courts: limited to persons and family relations only (deleted civil law matters, commercial law, and criminal law) 5. Barter trade and countertrade is now with Indonesia, Malaysia, and Brunei only (not all ASEAN countries) 6. Disaggregated jurisdiction over Non-Moro ancestral domains/ancestral lands of Non-Moro indigenous peoples 7. To establish economic zones, industrial estates, and free ports, the Bangsamoro Government will need to apply with the PEZA. Note that ARMM already has a REZA, which directly performs the functions of PEZA within the region.

E. On the matter of Public Order and Safety

1. Public Order and safety became primary responsibility of PNP instead of the Bangsamoro Government 2. Removed power of Bangsamoro Parliament to enact laws, rules and regulations governing the Bangsamoro Police 3. Removed the power of the Bangsamoro Autonomous Regional Police Board to recommend the Bangsamoro Police Director 4. Removed the following powers of the Chief Minister over the police:

PARTIAL LIST OF AMENDMENTS (SB 2408 vis-à-vis SB 2894) As of August 14, 2015

Prepared by: Legal Team of the Government Panel for Talks with the MILF

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a) To select the head of the Bangsamoro Police and his deputies; b) To exercise operational control and supervision and disciplinary powers over the Bangsamoro Police; c) To employ or deploy the elements of and assign or reassign the Bangsamoro Police through the Bangsamoro Police Director. d) To impose administrative penalties on personnel of the Bangsamoro Police (can only be done through the PLEB)

PARTIAL LIST OF AMENDMENTS (SB 2408 vis-à-vis SB 2894) As of August 14, 2015

Prepared by: Legal Team of the Government Panel for Talks with the MILF

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II. Bodies

A. Deleted provision on the Philippine Congress-Bangsamoro Parliament Forum B. Deleted provision on the Shari’ah High Court C. Deleted provision on the Shari’ah Judicial and Bar Council D. Renamed Intergovernmental Fiscal Policy Board to Bangsamoro Autonomous Region Fiscal Policy Board, and deleted the following functions:

1. To determine the share of the Bangsamoro Government when not all taxable elements in relation to taxes (a) to (d) are found within the Bangsamoro. 2. To address disputes between the Central Government and the Bangsamoro Government involving the collection of capital gains tax, documentary stamp tax, donor’s tax and estate tax in the Bangsamoro; 3. To determine the extent of participation of the Bangsamoro Government in the board of directors or the policy-making bodies of GOCCs that operate a substantial portion of their businesses directly or through their subsidiaries in the Bangsamoro or where the Bangsamoro has substantial interest; 4. To determine the participation of the Bangsamoro Government in the results of operations of government-owned and/or controlled corporations and its subsidiaries operating in the Bangsamoro. The Board shall also determine a formula for the share of the Bangsamoro Government from the results of said operations;

Only the following functions were retained: 1. To recommend the necessary fiscal policy adjustments by undertaking a periodic review of the taxing powers, tax base and rates of the Bangsamoro Regional Government, wealth sharing arrangements, sources of revenues vis-à-vis the development needs of the Bangsamoro Autonomous Region; 2. To make recommendations to settle all concerns of the Bangsamoro Regional Government involving the collection of capital gains tax, documentary stamp tax, donor’s tax and estate tax in the Bangsamoro Autonomous Region; 3. To make recommendations on the participation of the Bangsamoro Regional Government in the ownership and management of Al-Amanah Islamic Investment Bank of the Philippines and the Southern Philippines Development Authority (SPDA); and

PARTIAL LIST OF AMENDMENTS (SB 2408 vis-à-vis SB 2894) As of August 14, 2015

Prepared by: Legal Team of the Government Panel for Talks with the MILF

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4. To recommend the exercise by the Bangsamoro Regional Government of additional fiscal powers in order to attain the highest form of fiscal autonomy.

E. Deleted provisions on the Wali

F. Auditing body is now a creation of COA. Every government agency, including LGUs, is mandated to establish its own internal audit service in accordance with R.A. No. 3456 as amended by R.A. No. 4177. These are not created by COA.

G. The national CHR is compelled to create the BARHRO while at the same time allowing the Bangsamoro Government to organize its own human rights body under concurrent powers. Note that the existing Regional Human Rights Commission in ARMM is a creation of the Regional Legislative Assembly and has a complementary relationship with the national CHR.

H. Altered composition of Police Board: requirement is that the appointee be a Bangsamoro resident (not sectoral representative, nor members of the Bangsamoro Parliament)

PARTIAL LIST OF AMENDMENTS (SB 2408 vis-à-vis SB 2894) As of August 14, 2015

Prepared by: Legal Team of the Government Panel for Talks with the MILF

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III. Provisions A. Deleted

1. Preamble 2. Zones of Joint Cooperation 3. Opt-in

B. Altered

1. Definition of Bangsamoro identity 2. Bangsamoro Parliament

a) Altered distribution of seats in Parliament b) Changed qualification of members: should be a natural-born citizen

3. Bangsamoro Transition Authority (BTA) a) Composition

(1) All 24 Regional Legislative Assembly (RLA) members shall sit in the BTA (2) Categorically added the MNLF to the enumeration of other sectors that may be appointed to and represented in the BTA

b) Term is fixed at 180 days

PARTIAL LIST OF AMENDMENTS (SB 2408 vis-à-vis SB 2894) As of August 14, 2015

Prepared by: Legal Team of the Government Panel for Talks with the MILF

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IV. Revenue Sources A. Deleted Special Development Fund B. Bangsamoro Government will no longer get 100% from national taxes collected in the Bangsamoro for 10 years (Bangsamoro Government only gets 75% share) C. Share in non-metallic minerals fully retained by LGUs (none for Bangsamoro Government) D. Deleted Share in revenues of GOCCs E. Entities with franchises, licenses, and permits granted by Congress of the Philippines which are already taxed by the National Government and granted exemption pursuant to their franchises, licenses and permits are excluded from the taxing power of the Bangsamoro Regional Government F. For payments of loans and indebtedness, this provision was added, consistent with the Local Government Code:

“Provided, That failure to provide the appropriations herein required shall render their annual budgets inoperative.”

G. Deleted provision allowing the Bangsamoro Government to retain unspent amount in the block grant