What are the contents of the draft Bangsamoro Basic Law?

SALIENT POINTS OF THE BANGSAMORO BASIC LAW

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Article I: Name and Purpose of LawArticle II: Bangsamoro IdentityArticle III: TerritoryArticle IV: General Principles and PoliciesArticle V: Powers of GovernmentArticle VI: Intergovernmental RelationsArticle VII: Bangsamoro GovernmentArticle VIII: WaliArticle IX: Basic RightsArticle X: Bangsamoro Justice SystemArticle XI: Public Order and SafetyArticle XII: Fiscal AutonomyArticle XIII: Economy and PatrimonyArticle XIV: Rehabilitation and DevelopmentArticle XV: PlebisciteArticle XVI: Bangsamoro Transition AuthorityArticle XVII: Amendments and RevisionsArticle XVIII: Final Provisions

Appendix to the Basic Law

Salient Pointsof the draftBangsamoroBasic Law

What are the contents of the draft Bangsamoro Basic Law?

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Article I: Name and Purpose of Law

1. The law shall be called “Bangsamoro Basic Law.”

2. The purpose of the BBL is to establish a political entity, provide for its basic structure of government in recognition of the justness and legitimacy of the cause of the Bangsamoro people and their aspiration to chart their political future through a democratic process that will secure their identity and posterity and allow for meaningful self-governance.

Article II: Bangsamoro Identity

1. The article discusses who the Bangsamoro people are--Those who at the time of conquest and colonization were considered natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands including Palawan, and their descendants, whether of mixed or of full blood, shall have the right to identify themselves as Bangsamoro by ascription or self-ascription. Spouses and their descendants are classified as Bangsamoro.

2. The freedom of choice of people, especially the Indigenous Peoples, to ascribe or not will be respected.

Article III: Territory

KABACAN

CARMENALEOSAN

PIGKAWAYAN

NUNUNGAN

MUNAI

PANTARBALOI

TAGOLOAN

PIKITMIDSAYAP

TANGKAL

North CotabatoCotabato City

Isabela City

Lanao del Norte

Sulu

Tawi-Tawi

Basilan


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1. While the Bangsamoro territory has been defined as being composed of the land mass, maritime, terrestrial, alluvial and aerial domain, Section 1 clarifies that the Bangsamoro territory remains part of the Philippines.

2. The Bangsamoro also 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 Bangsamoro waters – where the Bangsamoro Government is granted certain rights over the resources therein.

3. Likewise, notwithstanding, the Bangsamoro Government’s jurisdiction over their territory, the Basic Law (Art. IV, Sec. 8) provides that the Bangsamoro shall respect and adhere to the Philippines’ international treaties and agreements. Thus, whatever power that the Bangsamoro may exercise over their territory must be consistent with and not contravene the country’s international obligations and commitments.

Article IV: General Principles and Policies

1. The Bangsamoro Government shall be parliamentary and democratic in nature (Section 2). The right of the people to freely participate in their governance is recognized. This right of the people is also evident from Art. V, Sec. 4(f.1) where the Bangsamoro Parliament shall enact legislation on the rights of the people to “initiate measures for the passage, amendment or repeal of regional or local legislation; to be consulted on matters that affect their environment; to call for a referendum on important issues affecting their lives; and, to recall regional or local officials”

2. Section 4 also adheres to the constitutional provision, which states that civilian authority is supreme over the authority.

Article V: Powers of Government

1. The reserved powers enumerated in the Annex of Power Sharing remains the same. Only the Central Government can exercise power or authority over national defense and security, foreign relations, monetary policy, customs and tariffs, among others.

2. As for the concurrent powers, the Bangsamoro Government was allowed to establish institutions that cooperates and coordinates with the relevant institutions of the Central Government. Thus, while the Bangsamoro can administer land registration in the region, it has to be in accordance with the existing land registration system of the National Government.

KABACAN

CARMENALEOSAN

PIGKAWAYAN

NUNUNGAN

MUNAI

PANTARBALOI

TAGOLOAN

PIKITMIDSAYAP

TANGKAL

North CotabatoCotabato City

Isabela City

Lanao del Norte

Sulu

Tawi-Tawi

Basilan

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3. Likewise, to ensure that national roads, bridges and irrigations systems are constructed and periodically maintained in the Bangsamoro, the Basic Law requires the Central Government to regularly release the funding for these infrastructures. (Section 2(12))

4. While they have the authority to create their own auditing body and their own civil service office, the Basic Law stresses that these shall be without prejudice to the powers of the COA and the CSC – the powers of which have been defined in the Constitution. Thus, whatever powers these new bodies may exercise it has to be consistent with the provisions of the Constitution.

5. As for exclusive powers, one of the new features of the Basic Law is the provision allowing the Bangsamoro Government the power to regulate power generation, transmission and distribution facilities in the Bangsamoro, which are not connected to the Grid. Through this authority, it is endeavored that the Bangsamoro Government will be able to spur the establishment of generation and other power facilities in the area that will allow them to address the needs of the inhabitants of the Bansgamoro. (Section 3(15))

6. It is also significant to note that the rights of the IPs have been protected. While the Bangsamoro Government (BG) has exclusive powers over the IPs, the Basic Law mandates the Bangsamoro to protect the rights of the IPs as provided in the UN Declaration on the Rights of the IPs creating an office for the IPs, the head of which will

automatically become a member in the cabinet of the Chief Minister. Finally, the Basic Law also requires the enactment of a law that would detail the share of the IP in the revenues from the exploration, development and utilization of natural resources. (Section 3(30))

7. The BG has the authority to protect and manages its own environment. (Section 3(30))

8. Finally, there are certain powers, which have been devolved in RA No. 9054 (ARMM Law) and which will also be devolved to the Bangsamoro Government, specifically considering that these are relevant to the provisions of the Basic Law. For example, the provisions on education in RA No. 9054 that would allow the BG the authority to regulate madaris have been adopted. (Section 4 (l and m))

Article VI: Intergovernmental Relations

1. The relationship between the National Government and the Bangsamoro Government shall be asymmetric. (Section 1)


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2. The President shall exercise general supervision over the Bangsamoro Government to ensure that laws are faithfully executed. (Section 3)

3. A Central Government – Bangsamoro Government Intergovernmental Relations Body shall be established to resolve all issues and disputes through consultations and continuing negotiations in a non-adversarial manners. All unresolved issues shall be elevated to the President, through the Chief Minister. (Section 4)

4. The privileges already enjoyed by the local government units within the Bangsamoro under existing laws shall not be diminished unless otherwise altered, modified or reformed for good governance. (Section 7)

5. There shall be a Philippine Congress-Bangsamoro Parliament Forum for purposes of cooperation and coordination of legislative initiatives. (Section 8)

6. It shall be the policy of the National Government to appoint competent and qualified inhabitants of the Bangsamoro in the following offices in the Central Government: at least one (1) Cabinet Secretary; at least one (1) in each of the other departments, offices and bureaus, holding executive, primarily confidential, highly technical, policy-determining positions; and one (1) Commissioner in each of the constitutional bodies. (Section 9)

Article VII: Bangsamoro Government

1. The Bangsamoro Government shall be parliamentary in form, where legislative and executive powers are to be exercised by the Bangsamoro Parliament and Cabinet, respectively. (Section 1)

2. The Parliament shall have at least sixty (60) members – fifty percent (50%) of which shall be elected through a

system of proportional representation; forty per cent (40%) from single member districts, and ten percent (10%) will be elected to reserved seats, representing key sectors in the Bangsamoro. The Parliament shall have two (2) reserved seats each for non-Moro indigenous communities and settler communities. Women shall also have a reserved seat. (Sections 4 and 5)

3. In case of a vacancy, a proportional representation seat shall be filled by the party to which that seat belongs. A vacancy in a district seat of a Member of Parliament affiliated to a party shall likewise be filled by that party, who shall nominate a replacement. A vacancy in a seat occupied by an unaffiliated Member of Parliament shall be filled through special election, conducted in the

BANGSAMORO

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manner prescribed by law enacted by the Bangsamoro Parliament. (Section 17)

4. A Bangsamoro Electoral Code, correlated to national election laws, shall be enacted. Additionally, a Bangsamoro Electoral Office is created, which shall be part of the Commission on Elections and which shall perform the functions of the Commission on Elections in the Bangsamoro. (Section 9)

5. The Chief Minister shall be the head of the Bangsamoro Government. He shall be elected by a majority vote of all the members of the Parliament. (Sections 29 and 30)

6. The Chief Minister shall be an ex-officio member of the National Security Council (NSC) on matters concerning the Bangsamoro and of the National Economic and Development Authority Board (NEDA). (Section 32)

7. The Parliament shall be dissolved by the Wali upon a two-thirds (2/3) vote of no confidence by all members of Parliament against the government. In such case, the Wali shall call for election of a new Bangsamoro Parliament on a date not later than one hundred twenty (120) days from the date of dissolution. (Section 34)

8. In case of dissolution, the incumbent Chief Minister and the Cabinet shall continue to conduct the affairs of the Bangsamoro Government until a new Parliament is convened and a Chief Minister is elected and has qualified. (Section 34)

BANGSAMORO ASSEMBLY Registered voters

elect representatives in theBangsamoro Assembly

Bangsamoro Assembly electsthe Chief Minister

Chief Minister chooses Deputy Chief Ministerand other ministers to form the Cabinet

CHIEF MINISTER

Election Process in the Bangsamoro Government

(at least 60 members)


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Article VIII: Wali

1. There shall be a Wali who shall be the titular head of the Bangsamoro. As titular head, the Wali shall take on only ceremonial functions. The Wali shall also be under the supervision of the President.

Article IX: Basic Rights

1. The constituents of the Bangsamoro shall have the following rights:

a. Right to free public education in the elementary and high school levels (Section 1) b. Human rights which shall conform with international human rights and humanitarian standards. (Section 2)

c. Vested property rights which shall be respected. (Sections 3)

d. Indigenous peoples rights. (Section 5)

e. Right to basic services such as health programs, quality education, livelihood opportunities, housing projects, and water resource development. (Section 8)

f. Labor rights. (Section 9)

g. Women’s and children’s rights. (Sections 1, and 10 to 12)

h. Right to health and to support for persons with disabilities. (Sections 15 and 16)

2. The Bangsamoro Commission on Human Rights is created for the promotion and protection of human rights. (Section 7)

3. A transitional justice mechanism shall be created to address historical injustice and marginalization. (Section 4)

4. A Tribal University system shall be created within the Bangsamoro to address the higher educational needs of the indigenous cultural communities in the region. (Section 14)

5. The Bangsamoro Commission for the Preservation of Cultural Heritage shall be established to preserve the culture, arts and tradition of the Bangsamoro

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through the management of cultural and historical sites, and establishment of libraries and museums. (Sections 19 to 21)

Article X: Bangsamoro Justice System

1. Shari’ah courts in the Bangsamoro shall, in addition to its jurisdiction over personal and property relations under Presidential Decree No. 1083, otherwise known as the Muslim Code of Personal Laws, have jurisdiction over Shari’ah commercial and criminal laws enacted by the Bangsamoro Parliament. (Sections 2, and 3)

2. The following justice institutions shall be established in the Bangsamoro:

a. The Shari’ah District, and Circuit Courts, and the Shari’ah High Court. (Sections 5 to 7)

b. Shari’ah Judicial and Bar Council Bar Council (JBC) shall recommend applicants to the JBC for the positions of judges/justices in the Shari’ah courts in the Bangsamoro. In addition, a consultant to the Judicial and Bar and Council shall be appointed to advise the JBC on appointments to the Shari’ahcourts in the Bangsamoro. Power here is merely recommendatory and does not supplant the authority of the JBC The Shari’ah Judicial and Bar Council shall conduct investigations over erring personnel in Shari’ah courts in the Bangsamoro, and submit the results of such investigation to the Supreme Court for the latter’s action.(Sections 10 to 13)

c. The Shari’ah Prosecutorial Service shall be part of the National Prosecutorial Service under the Department of Justice. (Section 19)

d. The Shari’ah Academy shall conduct courses and trainings on the practice of Shari’ah law in the Bangsamoro, accredit Shari’ah courses and degrees obtained by Bangsamoro from schools and universities abroad, and develop the curriculum of schools and universities in the Bangsamoro. (Section 20)

e. A traditional/tribal justice system shall be created by the Bangsamoro Parliament. Further, an Office for the Traditional/Tribal Justice System shall be created which shall be responsible in overseeing the study, preservation and development of the tribal justice system within the Bangsamoro. (Sections 23 and 24)

3. It shall be the policy of the National Government to appoint at least one (1) justice in the Supreme Court and two (2) justices in the Court of Appeals who shall be qualified individuals of the Bangsamoro. (Section 27)


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Article XI: Public Order and Safety

1. A Bangsamoro Police shall be created, which shall be part of the PNP. Similar to the PNP, shall be professional, civilian in character, fair and impartial, free from partisan political control, and accountable under the law for its actions. (Sec. 2)

2. Likewise, a Bangsamoro Regional Board shall also be created, which is also a part of the NAPOLCOM and which will perform the functions of NAPOLCOM in the region. The members of the Board shall be composed of the members of the parliament and sectoral representatives. (Sec. 5 and 6)

3. Similar to RA No. 9054, the Bangsamoro Police shall be headed by a Director, who shall be assisted by two deputies. (Sec. 4)

4. Defense and security remain to be lodged with the Central Government. (Sec. 15)

5. The Bangsamoro Government shall recognize indigenous structures or systems which promote peace, and law and order. (Sec. 18)

Article XII: Fiscal Autonomy

1. Main objective is to make the Bangsamoro Government fiscally autonomous (Sec. 1). The funding mechanisms employed in this law will allow the Bangsamoro Government to become self-sufficient and will no longer need funding from the Central Government to provide for the needs of its constituents.

2. BG can have its own auditing body, whose power shall be without prejudice to the power and authority of the national COA (Sec. 2)

3. Apart from the taxes that were granted previously to ARMM, the BG can now impose and collect four national taxes – Capital Gains Tax, Donor’s Tax, Estate Tax and Documentary Stamp Taxes provided that all the taxable elements are within the Bangsamoro. (Sec. 9)

4. BG is also entitled to a 75% in all national taxes, fees and charges collected in the Bangsamoro. (Sec. 10)

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5. BG may create its own tax office to collect taxes in the Bangsamoro. (Sec. 11) However, the Central Government will assist the BG in the matter of tax administration and fiscal management. This assistance shall include capacity building and training programs, in accordance with a needs assessment and capacity building plan developed by the Bangsamoro Government in consultation with the Central Government. (sec. 4)

6. Annual Block Grant (ABG) shall be 4%, but may be adjusted is there occurs (a) a change in the total land area of the Bangsamoro (i.e. if not all the LGUs mentioned in the law and FAB vote to be part of the Bangsamro); and (b) unmanageable fiscal deficit – in which case the ABG may be decreased.

7. Other revenue sources:

a. Loans, whether foreign or domestic, which the BG is authorized to contract (Sec 21 A)

b. BG may issue bills, bonds, notes, debentures, etc. (Sec 21 B)

c. ODA (Sec. 23)

d. Grants and donations (Sec. 24)

e. Share in the GOCCs operating in the Bangamoro. The share shall be determined through the IGR mechanism. (Sec 31)

f. Share in the exploration, development and utilization of natural resources (Sec. 32)

i. Non-metallic – 100% BG ii. Metallic – 75% to BGiii. Fossil fuels and uranium – 50% Note: to ensure that the local communities are not deprived of their share, the Basic Law mandates that the BG enact a law that will provide the necessary details for the required shares of the LGUs and the affected IPs.

BANGSAMOROGOVERMENT

NON-METALIC MINERALS

METALIC MINERALS

FOSSILFUEL

CENTRALGOVERNMENT

GPHCENTRAL

GOVERNMENT

BANGSAMOROGOVERMENT

BANGSAMOROGOVERMENT

75%

25% 25%

50%100%


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8. The law also provides that revenues from the (a) national taxes collected in the region; and (b) exploration, development and utilization of natural resources shall be deducted from the ABG. Thus, eventually, when the BG is able to increase their revenue collection such that it is equivalent to or more than the ABG, the Central Government will no longer provide any funding to the BG. (Sec. 19)

9. To settle any issue as to taxes and other financial matters, an Intergovernmental Fiscal Policy Board shall be created where the relevant agencies of the BG and the Central Government will be represented, including the DOF. (Sec. 35)

Article XIII: Economy and Patrimony

1. The Bangsamoro Government shall have the power to declare nature reserves, aquatic parks, forests, watershed reservations, and protected areas in the Bangsamoro. Protected areas that are currently under the management of the National Government shall be transferred to the Bangsamoro Government, within a period not exceeding two (2) years. (Sections 8 and 9)

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

3. The Bangsamoro Parliament shall enact a law on the indigenous peoples’ share in the revenue of, and preferential rights over the exploration, development and utilization of natural resources in areas covered by their native title. (Section 12)

4. Entry into Financial and Technical Assistance Agreements over mineral resources in the Bangsamoro shall be upon the recommendation of the

Bansgamoro Government. (Section 14)

5. Zones of Joint Cooperation shall be established in the Sulu Sea and Moro Gulf for, among others, the protection of traditional fishing grounds, and the exploration, development and utilization of non-living resources therein. The Zones shall not form part of the Bangsamoro territory, but shall be jointly regulate the Zones. (Sections 18 to 20)

6. The Bangsamoro Government shall have exclusive powers to regulate, manage, and protect inland waters in the Bangsamoro. (Section 22)

BANGSAMOROWATERS

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7. The Bangsamoro Government shall have the following powers over trade and industry: it shall promote a domestic trade preference for goods produced and materials sourced in the Bangsamoro; it may participate in trade missions and fairs to other countries; and it may conduct barter trade and counter-trade with ASEAN countries. (Sections 24 and 25)

8. The Bangsamoro Government may establish economic zones, industrial estates and free ports in the Bangsamoro. The Bangsamoro Government may extend the same fiscal incentives to locators in its economic zones/industrial estates/free ports, as those in areas outside the Bangsamoro. (Section 26)

Article XIV: Rehabilitation and Development

1. A Special Development Fund shall be set up for the rehabilitation and development programs of the Bangsamoro, which shall be in an amount of Php 17 Billion, payable in installments, over the course of five (5) years.

Article XV: Plebiscite

1. After the creation of the Bansgamoro, a contiguous local government unit or geographic area outside the Bangsamoro may file a verified petition of at least 10% of its registered voters for its inclusion in the Bangsamoro, and for the conduct of a plebiscite for these purposes.

Article XVI: Bangsamoro Transition Authority

1. The Bangsamoro Transition Authority (BTA) shall serve as the interim government of the Bangsamoro during the transition period, and shall exercise executive and legislative functions for this purpose. The Moro Islamic Liberation Front shall lead the BTA. The amount of Php 1 billion shall be allocated for the BTA’s operations. (Sections 2 and 13)

BTA

Important links:Draft Bangsamoro Basic Law http://www.opapp.gov.ph/resources/draft-bangsamoro-basic-law

House Bill No. 4994 http://www.opapp.gov.ph/resources/house-bill-no-4994

Senate Bill No. 2408 http://www.opapp.gov.ph/resources/senate-bill-no-2408

FAQs on the BBLhttp://www.opapp.gov.ph/resources/frequently-asked-questions-draft-bangsamoro-basic-law

Documents

What are the contents of the draft Bangsamoro Basic Law?