Академический Документы
Профессиональный Документы
Культура Документы
IN MUSLIM MINDANAO
TERI CUA
IAN KENNETH DINGAL
MARL JINNO GOOC
Introduction 2
About the paper 2
PART I: BACKGROUND 3
RA 6734 11
RA 9054 11
Intergovernmental relations 17
Issues 18
References 20
INTRODUCTION
The 1987 Constitution of the Philippines guarantees local governments autonomy, still taking
into consideration the fact that the Philippines is a unitary republic. Local government units
(hereinafter referred to as LGUs), as political subdivisions of the country, have been given many
powers, such as revenue generation and the providing of basic services, by the Constitution, as well
as other laws like the Local Government Code (hereinafter referred to as the Code).
This delegation of powers or autonomy on certain matters, as stated in the Declaration of Policy
of the Code, is a way to enable LGUs “to attain their fullest development as self-reliant communities
and make them more effective partners in the attainment of national goals.” As such, LGUs are
expected to forward the interest of its people in view of the goals of the nation.
Mindanao is an intriguing case. Muslims have fought for self-determination since the first wave of
colonizers arrived centuries ago, and their struggle has not stopped since then. The Autonomous
national government in response to the worsening instability in Mindanao. However, ARMM still
faces a lot of problems - insurgencies, issues of corruption, political instability - leading to former
The problem in Mindanao will only continue to exacerbate, unless meaningful and inclusive
structural reforms are undertaken by the national government, along with other stakeholders in the
In this paper, the researchers tried to discuss the features of the Autonomous Region in Muslim
Mindanao, and analyze the factors that led to its creation and ‘failure’. The paper is divided into four
main parts: background, powers and structure, relationship with the national government, and
issues and problems. The researchers also interviewed a former resident of ARMM for insights on
ARMM.
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PART I
BACKGROUND
The Autonomous Region in Muslim Mindanao consists of five provinces, namely, Maguindanao,
Lanao del Sur, Lanao del Sur, Sulu, Tawi-Tawi, and Basilan (except Isabela City). Its seat of
government is Cotabato City, despite it not being part of ARMM. It also consists of two cities, 116
municipalities and 2,490 barangays spanning a total land area of 12,535.79 square kilometers.
Major languages in the region include Banguingui, Maguindanao, Maranao, Tausug, Yakan, and
Samal.
According to the Philippine Statistics Authority (PSA), as of 2015, ARMM had a population of
about 3,781,387, which was 3.74% of the Philippine population at that time, and its population has
Figure 1. Population of ARMM (PSA, 2016). Figure 2. Annual population growth rate of ARMM (PSA, 2016).
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Reflective of the national population, ARMM also has a large number of young people - ages
0-24 - as per the data from PSA on Household Population by Age and Sex by Province as illustrated
in Figure 3.
The ARMM also contributes about 0.74% of the country’s gross domestic product (GDP). In 2013,
more than two-thirds of the 0.74% comes from the agricultural sector. The following are the region’s
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The agricultural sector is followed by the service sector, which contributes 33.6%, and then by
the industrial sector at 5.1%. This is in contrast to the national trend where in the service sector
leads, the industrial sector follows, and the agricultural sector lags behind.
On the other hand, ARMM is doing quite well on the employment front as compared to other
regions. In fact, as revealed by the PSA, in 2014, only 3.5% of the citizens of ARMM were
unemployed.
Figure 5. Annual rates of labor force participation, employment, unemployment, and underemployment
per region (PSA, 2014).
Unfortunately, this is not where the statistics stop talking. Also revealed by the PSA is the average
annual income of the people in ARMM. It shows that although most people in ARMM are employed,
they live a couple tens of thousands below the poverty line, which at the time was around Php
108,000.00 annually.
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Figure 6. Annual income of regions in Mindanao (PSA, 2012).
Consistent with this is the poverty incidence estimates as per PSA. According to them, the
poverty incidence in ARMM as of 2012 was at 55.8%, whereas the national poverty incidence
estimate was at 25.8% at the time. Through this, we can come to the conclusion that most of the
people were, and most likely still are, living in poverty in ARMM.
2012 2015
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In an article by MindaNews, a local website that catalogues news articles about Mindanao, five of
the towns in ARMM made it to the shortlist of the poorest towns in the country. The towns
The Moro people are a collection of tribal groups found in southern Philippines, which includes
the Tausug, Maguindanao, Maranao, and Sulu, who belong to the Sunni branch of the Islam religon.
There are roughly 4.6 million Moros, accounting to approximately 5% of the Philippine population
According to Peng Hui (2012), the ‘Moro problem’ involves a Muslim separatist movement and
violent conflict in the southern Philippines. This ‘problem’ started in the 16th century when Spain
began intruding into the southern Philippines and continued to the American occupation. The
Spanish often portrayed Moros as evil and barbaric, and intensified the discrimination against them.
marginalization, and historical displacement. Through the centuries, the Moros rejected being
colonized by foreign power. But it is during the American and Commonwealth periods when the
‘Moro problem’ gained steam, when the Homestead Program encouraged Christian Filipinos from
Luzon and the Visayas to migrate to the rich and fertile Land of Promise, Mindanao. This only
intensified the Moro-Christian Filipino animosity and conflict, as Moro were deprived of lands and
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were exploited by northerners. Eventually, the Moros became the minority in their own lands and
were marginalized, as Christians got most government positions. These led to countless
confrontations and disputes between the Moros and the Christian settlers (Luga, 2002).
Things got even more unfortunate for the Moros when during the time of dictator Ferdinand
Marcos, the Jabidah, Manili, Malisbong, and other countless massacres of thousands of Muslims
took place. The grievances of the Moros grew even bigger, as socio-economic conditions worsened
and Moros were marginalized and discriminated in their own lands, paving the way for the Muslim
In 1968, after the Jabidah Massacre, former Cotabato Governor Hadji Datu Udtog Matalam
founded the secessionist Muslim Independence Movement (MIM). This was short-lived, however,
when Matalam was appointed by President Marcos as Presidential Adviser to Muslim Affairs a few
months after.
Nur Misuari, a former professor in the University of the Philippines, then formed the Moro
National Liberation Front. The MNLF turned out to be the most prominent Muslim secessionist
group then, recruiting thousands and carrying out attacks against government and military
installations.
At the height of the Muslim secessionist movement in the mid-70s, then President Marcos issued
Presidential Decree No. 742 and Letter of Instruction 290, creating the Office of the Regional
Commission of Region XII, along with Regions IX, X and XI, reorganizing provinces in Mindanao into
regions.
In 1976, the MNLF and government signed the Tripoli Agreement, establishing the autonomy of
13 provinces and 9 cities in Mindanao. Presidential Decree No. 1628 then was issued to declare
those territories as areas of autonomy. The plebiscite the following year however, showed that only
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the provinces under Region IX (Basilan, Sulu, Tawi-Tawi, Zamboanga del Norte, Zamboanga del Sur,
and the cities of Dipolog, Dapitan, Pagadian, and Zamboanga) and Region XII (Lanao del Norte,
Lanao del Sur, Maguindanao, North Cotabato, Sultan Kudarat, and cities of Cotabato, Iligan, and
Batas Pambansa Bilang 20 in 1979 established the Legislative Assembly and Executive Council of
each of the two autonomous regions. Presidential Decree 1618 then defined the functions, powers,
and responsibilities of the Lupong Tagapagpaganap ng Pook (Executive Council) and Batasang
Pampook (Legislative Assembly). Later that year, Marcos abolished the ORC of each of the regions
In 1986, after the Marcos ouster, Muslim members of the 1986 Constitutional Commission
pushed for the creation of autonomous regions, which led to the creation of the Autonomous
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PART II
LEGAL BASES
The 1987 Philippine Constitution provides a legal basis for the autonomous regions of the
Philippines. In the following section in the Constitution, there is a provision pushing for the creation
Article X Section 15
“There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras
consisting of provinces, cities, municipalities, and geographical areas sharing common and
distinctive historical and cultural heritage, economic and social structures, and other relevant
characteristics within the framework of this Constitution and the national sovereignty as well
However, the campaign for the creation of an autonomous region in the Cordilleras was stopped
in its tracks in pursuance of the latter part of Article X Section 18 which reads:
“The creation of the autonomous region shall be effective when approved by majority of
the votes cast by the constituent units in a plebiscite called for the purpose, provided that
only provinces, cities, and geographic areas voting favorably in such plebiscite shall be
A plebiscite was held in the Cordilleras in line with this section; however, the majority vote was
not in favor of creating an autonomous region in the Cordilleras. Because of this, there only exists
one autonomous region in the Philippines: the Autonomous Region in Muslim Mindanao, which
Due to the creation of the ARMM, Congress was obliged to create an organic act in fulfillment of
the foremost part of Article X Section 18, which states that “The Congress shall enact an organic act
for each autonomous region…” Thus, Republic Act 6734 was fashioned.
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Republic Act 6734
Article I Section 2
“It is the purpose of this Organic Act to establish the Autonomous Region in Muslim
Mindanao, to provide its basic structure of government within the framework of the
Constitution and national sovereignty and the territorial integrity of the Republic of the
Philippines, and to ensure the peace and equality before the law of all people in the
Autonomous Region.”
This Organic Act became the basis of the autonomous region. It gave the region its jurisdiction,
its powers, and implementing bodies. One of its provisions is the creation of the Shari’ah Courts of
Muslim Mindanao. This act served and, in part, still serves as the legal basis of ARMM.
The Republic Act 9054 is also called the Expanded Organic Act. True to its name, it enlarged the
Autonomous Region in Muslim Mindanao in terms of both size and powers. This act proposes that
areas such as Kidapawan, Zamboanga Sibugay, Dapitan, etc., provided that the plebiscite succeeds,
be included in the ARMM, effectively expanding its jurisdiction. This act also gave ARMM greater
self-rule in the form of fiscal autonomy. By definition, as described in act itself, Republic Act 9054 is:
“An act to strengthen and expand the organic act for the autonomous region in Muslim Mindanao,
amending for the purpose Republic Act No. 6734, entitled ‘An Act Providing for the Autonomous
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PART III
As envisioned by the framers of the 1987 Constitution and the two Organic Acts enacted in 1989
and 2001, the ARMM regional government is primarily created to provide the autonomous region
with the opportunity to lead itself and advance the interest of the people within its territory.
Through its formalized framework, it seeks to develop the region’s resources and aid in its desire for
better growth and self-sufficiency. While the regional government operates within a structure that is
apt to its need, similar to the national government, its branches are primarily divided into three: the
The executive power of autonomous region is vested to the regional governor who acts as the
area’s chief executive. The regional governor and his second-in-command are popularly elected as
a team during the country’s local elections. Like other elected government officials, the two officers
can serve a maximum of three consecutive terms with three years each. The regional chief executive
is assisted by three deputy regional governors and a cabinet that has no more than ten members,
with six of whom are from the various indigenous cultural communities of the independent region.
The three deputy regional governors, on the other hand, each represent the Christian, the Muslim,
and the indigenous communities within ARMM. These three deputy regional governors, together
with the regional governor and vice governor, constitute the autonomous region’s executive
council.
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The autonomous region’s legislative power, on the contrary, is conferred to the Regional
Legislative Assembly. The legislative assembly is primarily mandated to formulate policies, through
various legislative issuances, that would ensure the growth and proper governance of the region.
Some of the policies enacted by ARMM’s Eight Assembly includes MMA (Muslim Mindanao
Autonomous) Act No. 314 or the Regional Public Works Act, and MMA Act No. 315 or Local
As stated in RA 9054, the autonomous region – through its Regional Legislative Assembly – also
has the capacity to enact its own regional administrative code and regional local government code.
Nonetheless, for such issuances to be binding, they should satisfy two important conditions: first,
these documents must be consistent with the provisions of the Constitution, and second, the
powers and functions vested upon the local government units within the autonomous region and
their shares in the national taxes as stated in the Local Government Code of 1991 are not reduced.
While Congress has been liberal in terms of delegating powers to the Regional Assembly, there
are still pertinent limitations to the body’s legislative capacity. Pursuant to Article IV, Section 3 of the
Expanded Organic Act of 2001, the Regional Legislative Assembly cannot exercise its legislative
power on fourteen areas, namely: foreign affairs; national defense and security; postal service;
coinage and fiscal and monetary policies; administration of justice (it may, however legislate on
matters covered by the Shari’ah Courts); quarantine; customs and tariff; citizenship, naturalization,
immigration and deportation; general auditing; national elections; maritime, land and air
transportation and communication; patents, trademarks, trade names and copyrights; and lastly,
foreign trade. These areas of legislation are restricted to the national government for it constitutes
the fundamental powers of a state, and delegating such poses a stern threat to both of the parties
involved.
A case study on the regional assembly’s power to create local government units
In 2008, one of the provisions of the Expanded Organic Act had been put to question
when the Regional Assembly, exercising its power to create provinces under Section 19,
Article VI of RA 9054, enacted Muslim Mindanao Autonomy Act No. 201 creating the
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Province of Shariff Kabunsuan which is composed of eight municipalities in the first district
According to the Supreme Court’s decision penned by Justice Antonio Carpio, the
creation of the four local government units to be valid must satisfy three conditions: first, that
the creation of the local government unit must comply with the criteria specified by the Local
Government Code; second, such creation must not conflict with any provision of the
Constitution; and third, a plebiscite must be held in all of the political units affected.
Nevertheless, he added that there was “no express prohibition not an express grant of
authority in the Constitution for Congress to delegate to regional or local legislative bodies
the power to create local government units. In fact, Congress has delegated to provincial
boards, and city and municipal councils, the power to create barangays within their
jurisdiction, subject to the criteria established in the Local Government Code, and the
While there is no conflict regarding the delegation of the power to create barangays and
municipalities provided that the given requisites are followed, the creation of provinces and
cities however is another matter. Citing Justice Carpio, the power to create these two local
government units involves the power to create legislative districts. The Constitution stated
that “within three years following the return of every census, the Congress shall make a
Thus, the power to create a legislative district belongs solely to Congress and cannot be
delegated.
On the other hand, the regional government’s judicial power is vested to the Supreme Court of
the Philippines and all the lower courts established by law, including which are ARMM’s Shari’ah
Courts. According to the Judicial and Bar Council (2015), at present, there are around five Sharia’ah
District Courts and more than thirty Sharia’ah Circuit Courts within the autonomous region in
Mindanao. These Courts, as stated in Article III, Section 5, “have jurisdiction over cases involving
personal, family and property relations, and commercial transactions, in addition to their jurisdiction
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over criminal cases involving Muslims.” The Shari’ah legal system is only applicable in the
autonomous region and to Muslims or those who practices the Islamic faith.
Aside from the Shari’ah Courts, there are also tribal courts for the members of the indigenous
cultural communities in the autonomous region. Article VIII, Section 19 of the Expanded Organic
Act states that tribal courts “shall determine, settle and decide controversies and enforce decisions
involving personal, family, and property rights of members of the indigenous cultural community
concerned in accordance with the tribal codes of these communities. Tribal courts may also have
These include crimes whose imposable penalty does not exceed imprisonment of six years or a fine
not exceeding P50,000.00 or both, and where the offended party or parties are also members of
A case study on the jurisdiction of Shari’ah Courts and the laws governing ARMM
In 2016, the Supreme Court ruled on the petition involving the divorce of John Maliga
and Sheryl Mendez. Maliga who was a Muslim, and Mendez who was a Roman Catholic were
married in Muslim rites in April 2008 with Mendez agreeing to convert into Islam. Just
months after their marriage, their relationship turned sour after Mendez reverted back to
Christianity. On November 2010, Maliga filed an initial petition before the Shari’ah Circuit
Court for the judicial confirmation of talaq – a separation under the Muslim Code that may
be effected by the “repudiation of the wife by the husband.” The Shari’ah court granted the
In Villagracia v Shari’ah district court and Mala, the Supreme Court clarified that Shari’ah
Courts have jurisdiction over real actions where at least one of the parties involved is a
Muslim. Nonetheless, for this to subsist, this must also satisfy the condition that the party is
within ARMM. As per the divorce, the Court upheld the Shari’ah court’s initial ruling that the
two can be divorced because of conflicting religious views and practices. It specified that
Muslim marriage in the Philippines falls under the Muslim Code and not the Family Code,
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Aside from the fundamental powers of the three branches of the regional government, like
most local government units, it also has the power to create its own source of revenues and to
collect taxes, fees, and other charges. Article IX, Section 8 of the Expanded Organic Act specified
that these sources include: 1) taxes, except income taxes, imposed by the regional government; 2)
fees and charges imposed by the regional government; 3) taxes, fees, or charges for the
registration of motor vehicles and for the issuance of all kinds of licenses or permits for the driving
thereof (except tricycles which are registered with the city or municipality where they operate); 4)
shares and revenues generated from the operations of public utilities within the autonomous
region; 5) appropriations, shares in the internal revenue taxes, block grants and other budget
coming from the central government; and 6) block grants derived from economic agreements or
endowments, foreign assistance and other forms of aid subject to the pertinent provisions of the
Constitution.
INTERGOVERNMENTAL RELATIONS
Despite the autonomy experienced by the regional government, it is still within the general
supervision of the President, as stated in the Constitution. In terms of its police power, the
autonomous region has its own regional police, which is supervised by the regional governor and is
headed by a police commissioner. Despite the region’s autonomy, its police force remains a part of
the Philippine National Police while its defense and security is still handled by the national
government.
Furthermore, as seen in the cases presented, decisions made ARMM’s special courts are still
appealable to the country’s Supreme Court. As per the its budget, the regional government’s
officials, like any other line agency, have to defend their budget before Congress. Likewise, much of
its component local government units remain greatly reliant on their share in the Internal Revenue
Allotment. This coming fiscal year of 2017, ARMM will be receiving a budget of Php 40.5 billion,
which will be used for governance, peace and development efforts in the region (Unson, 2016).
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ISSUES
In 2011, then President Benigno Aquino called the ARMM a “failed experiment”, with peace still
not achieved in Mindanao and the grievances of Christians and Muslims in the area still unresolved.
One factor is the still existing and active insurgency in the area. Secessionists MNLF, Moro Islamic
Liberation Front (MILF), Bangsamoro Islamic Freedom Fighter (BIFF), and terrorists group Abu
Sayyaf continue engaging in armed conflict with the government. There have been ceasefires,
peace talks, and negotiations between certain groups and the government - one of which is the
GRP-MILF deal on the creation of a Bangsamoro Autonomous Region - however, with still no
concrete output from the talks, strife continues to haunt the region.
ARMM is also a breeding ground for warlords and private armies, considering the number of
political dynasties in the area. This may have been highlighted back in 2009, when 58 people were
killed in the infamous Maguindanao massacre. Likewise, ARMM is no different than the national
government when it comes to the prevalence of corruption. It has even been dubbed once as the
‘cheating and corruption capital’ of the Philippines. In 2011, the Commission on Audit found
“anomalous disbursement of public funds” from 2008 to 2009 by the administration of former
ARMM Governor Zaldy Ampatuan, with purchases without public bidding amounting to Php 651
million and cash advances worth Php 866 million (Fernandez, 2011).
Another problem from a governance view is the high dependence of ARMM on the national
government when it comes to budget. Around 95% of the funds of ARMM come from the national
government, meaning only 5% comes from the region’s internal revenue generation. The fiscal
The researchers had a private interview with Mr. Alan Sulaik, a former resident of Cotabato City
and son of a former datu. He insisted that this dependence is brought about by the fear of
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businesses or entrepreneurs in investing in Mindanao. He also pointed out that the system itself -
pertaining to the setup of the ARMM - is not defective, but the people who run it. It all boils down to
leadership, he said, emphasizing that management of resources can be done efficiently, effectively,
Asked to comment on the “Moro problem”, he said that the Muslims down south have gone
weary of imperial Manila and Luzon. They think they are being trampled on. They lack access to
education, their lands were stolen - pointing out that lands in the area were not titled, so
northerners used this to their advantage - and they are deprived of their own culture in their own
land. What the Moros want, which basically could help improve the conditions in ARMM, is for them
to have the right to self-determination and live in the culture they grew up in. People up north need
Though not part of the purview of this paper, the researchers asked Mr. Sulaik his opinion on the
Bangsamoro basic law. He answered that right now, what ARMM needs is a devoted leader. Any
form of government will only succeed if the processes of the power are in good shape. As he had
earlier said, it all boils down to the commitment of the leader to serve the people, not serve his own
interests.
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REFERENCES
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top-stories/2015/12/5-armm-towns-poorest-in-ph/
Huang, Musembi, and Petronic. (2012). The State-Moro conflict in the Philippines. Retrieved from
http://www4.carleton.ca/cifp/app/serve.php/1392.pdf
Hui, P. (2012). The Moro problem in the Philippines: Three perspectives. CUHK: Hong Kong.
Judicial and Bar Council. (2015). Master list of Incumbent Judges. Retrieved from http://
jbc.judiciary.gov.ph/index.php /judiciary-book/ sharia-district-and-circuit-courts
Mindanao Development Authority. (n.d.). Income and expenditure. Retrieved from http://
www.minda.gov.ph/products-and-services/statistical-reference/income-and-expenditure
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Philippine Statistics Authority. (n.d). Regional profile: Autonomous Region in Muslim Mindanao.
Retrieved from http://countrystat.psa.gov.ph/?cont=16&r=15
Republic Act 6734 or the Organic Act of the Autonomous Region in Muslim Mindanao
Republic Act 9054 or the Expanded Organic of the Autonomous Region in Muslim Mindanao
Unson, J. (2016). Congress OKs P40.5-B 2017 budget for ARMM. Retrieved from: http://
www.philstar.com/headlines/2016/09/29/1628675/congress-oks-p40.5-b-2017-budget-
armm
Villagracia v Shari’ah District Court and Mala, G.R. No. 188832 (2014)
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