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MINDANAO AUTONOMY:
PARLIAMENTARY SYSTEM AND THE
ROLE OF LGUS
Reconfiguring Power Relations and Structures in
Muslim Mindanao
by
NAGUIB G. SINARIMBO
BSG
I.
The Parties agree that the status quo is unacceptable and that the
Bangsamoro shall be established to replace the Autonomous Region in
Muslim Mindanao ( ARMM ). FAB I, 1.
Key Principles/Provisions:
Asymmetric relationship between the BG and CG
(Art VI Intergovernmental Relation, Sec 1
Parity of Esteem (Art VI Intergovernmental Relation,
Sec 2)
Highest form of Fiscal Autonomy(Art XII, Fiscal
Autonomy, sec 1, sec 2 Auditing, sec 17 Automatic
Appro, Sec 18 Regular Release)
I.
Key Principles/Provisions:
Power sharing and not mere devolution( Art V
Powers of Government, sec 1 Reserved Powers, sec
Concurrent Powers, sec 3 Exclusive Powers)
General supervision ( Art VI IGR, sec 3)
Intergovernmental Relations Mechanisms ( Art VI
IGR, Sec 4)
Parliamentary System and the Institution of Wali (Art
VIII Wali)
Entrenchment Clause and the BM ParliamentCongress Forum( Art XVII Amendments and Revision,
Sec 1; Art VI IGR, sec 8)
II.
Key Principles/Provisions:
LGUs as constituent units of the Bangsamoro(Art III Territory,
sec 6; Art VI IGR, sec 7)
Authority to regulate the affairs of the constituent units( Art
XII Fiscal Autonomy, sec 3 LG Finance)
Supervision over LGUs ( Art VI IGR, sec 7 BM and its
Constituent Units)
II.
III.
AMONG BANGSAMOROS (
REVOLUTIONARY GROUPS AND
POLITICAL PARTIES)
The Basic law shall reflect the Bangsamoro system of life and meet
internationally accepted standards of governance. FAB II-3
Key Principles/Provisions:
An electoral System suitable to a parliamentary system
of government ( Art IV Gen Principles, sec 3 Electoral
system)
Representation and participation in the Bangsamoro
Parliament (district, party reps, sectoral reps) ( Art VII
BM Govt, Secs 4 and 5)
Representation in the BTA( Art XVI The BTA, sec 2)
III.
AMONG BANGSAMOROS (
REVOLUTIONARY GROUPS AND
POLITICAL PARTIES)
Key Principles/Provisions:
Competition, collaboration and coalition in the
Parliament ( Art VII BM Govt, sec 34 on dissolution of
Parliament)
Regional Parties ( Art VII BM Govt, sec 7 Regional
Parties)
BM representation in the Central Government ( Art VI
IGR, sec 9 BM Participation in CG)
CONCLUDING MESSAGES
1. A meaningful expression of BM RSD in
the new relationship between the BG
and CG.
2. A democratic space, free from
unnecessary
CG
interference,
in
evolving new power relations among
the BMs.
SHUKRAN
Power Sharing
Reserved powers are powers or
matters over which authority and
jurisdiction are retained by the
Central Government.
Exclusive powers are powers or
matters over which authority and
jurisdiction pertain to the
Bangsamoro Government.
Concurrent powers refer to shared
powers between the Central
Government and the Bangsamoro
Government, as contained in the
Annex on Power Sharing and as
further provided for in the
Bangsamoro Basic Law.
RESERVED
POWERS
EXCLUSIVE
POWERS
CONCURREN
T POWERS
40%
10%
BANGSAMORO
PARLIAMENT
Establishment of
consultation
mechanisms for
women, local
communities, and
marginalized
sectors
Reserved Seats:
Non-Moro IPs,
(2) Non-Moro IPs
women, settler
(2) Settler
communities and
Communities
other sectors shall
(1) Women
Non-Moro
IPs,
There shall be at
have
women, settler
least one
representatives
in (1)
The Bangsamoro
communities,
and
competent
woman
the BTA
Parliament shall
other sectors
to be appointed
to shall
each have a determine the
the
Bangsamoro
Nominations may be
manner
of election
representative
in
the
submittedCabinet
to the
Bangsamoro of sectoral and
Office of the
other representation
Council
of Leaders
Parliament
shall
President for this
in the Parliament
create
an
purpose
appropriate office
or ministry for IPs,
Bureaucracy:
which
shall be part
Gender and
ethnic
Bangsamoro
balance of
as the
factor