Bangsamoro Basic Law

Bangsamoro Transition Commission

WHAT IS IN IT FOR US?
Passing the Bangsamoro Basic Law will:
• End the long-standing suffering of the
Bangsamoro people
• Foster unity and harmony
• Bring in economic development
• Shield against rising radicalism
 Outline of the BANGSAMORO
BASIC LAW
Preamble Powers of Bangsamoro Justice Plebiscite
Government System
Name and Purpose Bangsamoro
Intergovernmental Public Order and Transition Authority
Bangsamoro Relations Security
Identity Amendments and
The Bangsamoro Fiscal Autonomy Revisions
Territory Government
Economy and Final Provisions
General Principles Wali Patrimony
and Policies
Basic Rights Rehabilitation and
Development
 PREAMBLE
BANGSAMORO

In consonance with the Constitution,

and universal accepted principles of
human rights, liberty, justice, democracy,
and the norms and standards of
international law, reflected of our system
of life prescribed by our faith, and in
harmony with our customary laws,
cultures and traditions.
 PURPOSE
BANGSAMORO

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.
 Bangsamoro Territory
The present geographical area of the
Autonomous Region in Muslim
Mindanao (ARMM)
6 Municipalities in the province of
Lanao del Norte: Baloi, Munai,
Nunungan, Pantar, Tagoloan and
Tangkal;
39 barangays in the Municipalities of
Kabacan, Carmen, Aleosan,
Pigkawayan, Pikit, and Midsayap in
North Cotabato

the Cities of Cotabato and Isabela

those qualified for inclusion in the

plebiscite, by way of resolution or
petition
Bangsamoro Waters
and Zones of Joint Cooperation
The Bangsamoro Government
MINISTERIAL
(PARLIAMENTARY)
FORM

BANGSAMORO BANGSAMORO
PARLIAMENT CABINET
Legislative Authority
• 60 members of the
50% parliament
– Party representatives
40% – District representatives
– Reserved seats & sectoral
10% representatives
BANGSAMORO
PARLIAMENT • 3-year term, no more than 3
consecutive terms
• Wali as titular head – performing
only ceremonial functions
 Executive Authority
• The executive
function and
authority shall be
BANGSAMORO exercised by the
CABINET
Cabinet Minister who
Elected by majority votes from
among the members of the
shall be headed by a
Parliament Chief Minister.
• Composition: Chief
CHIEF MINISTER

Appointed by the Chief Minister

from among the elected members
Minister, Deputy
DEPUTY of the Parliament Chief Minister, and
CHIEF MINISTER
other ministers
Majority shall also come from
among the members of the
Parliament
OTHER
MINISTERS
Intergovernmental Relations
Mechanism
• A mechanism at the highest levels that will:
– coordinate and harmonize the relationship
between the Central Government and the
Bangsamoro Government
– Resolve issues/disputes on intergovernmental
relations through regular consultations and
continuing negotiations in a non-adversarial
manner
– Elevate unresolved issues to the President,
through the Chief Minister
Philippine Congress-Bangsamoro
Parliament Forum
• For cooperation and coordination of legislative
initiatives

Intergovernmental Fiscal Policy

Board
• For cooperation and coordination on fiscal
matters (e.g. harmonization of fiscal policies,
address revenue imbalances and fluctuations,
etc.)
Inter-Governmental Relations
General Supervision
• Consistent with the Principle of
Autonomy and the asymmetric relation
of the Central Government and the
Bangsamoro Government, the President
shall exercise general supervision over
the Bangsamoro Government to ensure
that laws are faithfully executed.
Bangsamoro Justice System

Shari’ah Traditional / Local Courts Alternative

Tribal Justice Dispute
Courts System Resolution

• The justice system in the Bangsamoro shall

consist of Shari’ah law which shall have
supremacy and application over Muslims only;
the traditional or tribal justice system, for the
indigenous peoples in the Bangsamoro; the local
courts; and alternative dispute resolution
systems.
Bangsamoro Justice System
SHARI’AH COURTS
• Shari’ah Circuit Courts
• Shari’ah District Courts
• Bangsamoro Shari’ah High Court

LOCAL COURTS
• Local courts in the Bangsamoro shall continue to
exercise their judicial functions, as provided by law.
The Bangsamoro Government may undertake
measures to improve their workings, consistent with
the powers of the Supreme Court.
 BANGSAMORO POLICE
Chief Minister • Exercise operational
control and supervision
and disciplinary
Bangsamoro powers
Police Director
Deputy Deputy

Provincial
Director
City Chief Municipal
of Police Chief of Police

The Bangsamoro Parliament is authorized to enact laws to govern the Bangsamoro Police consistent
with the Basic Law.

The relationship between the Bangsamoro Police and the national support services of the Philippine
National Police shall be determined by the intergovernmental relations body.

The defense and security of the Bangsamoro shall be the responsibility of the Central Government. The
Central Government may create a Bangsamoro Command of the Armed Forces of the Philippines for the
Bangsamoro, which shall be organized, maintained, and utilized in accordance with national laws.
PUBLIC ORDER AND SECURITY –
BANGSAMORO POLICE

PHILIPPINE NATIONAL POLICE

• Law enforcement and
maintenance of peace
and order in the
Bangsamoro

• It is part of the
Philippine National
Police.

BANGSAMORO
POLICE
PUBLIC ORDER AND SECURITY –
BANGSAMORO POLICE BOARD

NATIONAL POLICE
COMMISSION • It will perform the
functions of the
National Police
Commission in the
Bangsamoro.
• The Board shall be
part of the National
Police Commission
(NAPOLCOM).
• The NAPOLCOM shall
ensure that the
Bangsamoro Police
Board performs its
powers and functions
BANGSAMORO within the bounds of
POLICE BOARD its authority.
Revenue Generation
100% Taxes Transferred to the
• Taxation BANGSAMORO
GOVERNMENT
Bangsamoro

1. Capital Gains Tax

• Fees and charges 2. Estate Tax
3. Donor’s Tax

according to the 4. DST

exclusive and Taxes Already Devolved

100%
concurrent powers and BANGSAMORO
GOVERNMENT
to the ARMM

functions of the BG

25%
CENTRAL
GOVERNMENT National Taxes Collected
in the Bangsamoro
75%
BANGSAMORO
GOVERNMENT
Revenue Generation
• Sharing in the revenues from the exploitation,
development and utilization of natural
resources

25%
CENTRAL
100% GOVERNMENT 50% 50%
BANGSAMORO
GOVERNMENT 75% BANGSAMORO
GOVERNMENT
CENTRAL
GOVERNMENT
BANGSAMORO
GOVERNMENT

Non-Metallic Minerals Metallic Minerals Fossil Fuels

REVENUES FROM THE EXPLOITATION, DEVELOPMENT AND UTILIZATION OF NATURAL RESOURCES

Other sources of funds
• Annual Block Grant – share of the
Bangsamoro in the national internal revenue,
equivalent to 4% of the national internal
revenue collection less the IRA of the LGUs
• Special Development Fund – for rehabilitation
and development purposes, the amount of P7
billion for the first year, and P10 billion paid
out over 5 years, shall be provided to the
Bangsamoro Government.
ECONOMY AND PATRIMONY
On Natural Resources
• Preferential Rights of Bangsamoro People - People
from and within the Bangsamoro shall have
preferential rights over the Exploration, Development
and Utilization of natural resources of the Bangsamoro
• Rights of Indigenous Peoples on Natural Resources
– Share in revenues
– Preferential rights in the EDU of natural resources within
their area
– Free and prior informed consent in relation to
development initiatives
ECONOMY AND PATRIMONY
On Natural Resources | On Mining
• Exploration, Development, and Utilization of
Fossil Fuels and Uranium - Preferential rights
to qualified citizens who are bona fide
inhabitants of the Bangsamoro
• Subject to free and prior informed consent of
the indigenous peoples in whose territory
such natural resources are found
Indigenous Peoples
General Principles
• Recognition & protection of customs and
traditions, beliefs, and cultures of the
indigenous inhabitants

Freedom of Just and Equal Freedom from

Choice Treatment Discrimination
Indigenous Peoples
General Principles Economic and geographical criteria
• Protection of the
rights of the Individual and communal property
rights
indigenous peoples in
the Bangsamoro
Cultural integrity
• United Nations
Declaration on the Customary beliefs
Rights of Indigenous
Peoples Historical and community
traditions
Indigenous Peoples
On Governance | Representation

Bangsamoro Bangsamoro Council of Cabinet

Transition Parliament
Authority Leaders

Representative in 2 reserved seats Representative in Parliament shall

the BTA the Council create an
Selection of
appropriate office or
Interim Cabinet: nominees for Council shall advise
ministry for IPs,
Indigenous Peoples reserved seats shall the Chief Minister
which shall be part
Affairs be pursuant to on matters of
of the Bangsamoro
customary laws and governance
Gender and ethnic Cabinet
indigenous
balance in the hiring Council shall also be
processes
process for the organized during
bureaucracy transition
Plebiscite
Decision-making levels:

For the present geographic area of the per province and city
ARMM:

For the municipalities in the Province of per municipality

Lanao del Norte:

For the 39 barangays in North Cotabato: per barangay

For Cotabato and Isabela City: per city

For the petitioning LGU: per LGU
PLEBISCITE
Information Campaigns
• Objective: To inform residents regarding the
significance and meaning of the plebiscite and to
help them to cast their votes intelligently
• Shall include sectoral campaigns for indigenous
communities, etc.
• For information campaigns and other public
advocacy initiatives with indigenous
communities, local leaders shall be engaged to
lead discussions in their respective communities
PLESBISCITE
Information Campaigns
• Public advocacy initiatives shall be conducted
within the framework of solidarity,
cooperation, and unity
• Consultations shall give due respect to the
roles of indigenous and Moro women, and
encourage their active participation
Sukran!