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Bangsamoro ORGANIC Law:

What you need to know

Atty. Carizza Joy Y. Gonzales

Based on the lecture slides of :


Datu Mussolini Sinsuat Lidasan
Commissioner - Bangsamoro Transition Commission /
Executive Director, Al-Qalam Institute
Ateneo de Davao University
Republic Act No. 11054
“Act Act providing for the Organic Law for the Bangsamoro Autonomous Region in Muslim
Mindanao, repealing for the purpose RA 6734, entitled “An Act Providing for an organic act
of the ARMM,” as amended by RA 9054, entitled “An Act to strengthen and expand the
Organic Act for the ARMM”
BASIC PREMISES

RIGHT to SELF-DETERMINATION
3
Bangsamoro CAB/ STATUS QUO IS
UNACCEPTABLE
Question
FPA ARMM
Recognition of
BANGSAMORO IDENTITY
1 CHANGE IN STRUCTURE
ensure • Bangsamoro Government –
compliance Central Government
Addressing • Bangsamoro Government –
HISTORICAL INJUSTICE & POWER
Local Government Units
BANGSAMORO SHARING • Within the Bangsamoro
not just devolution GENUINE AUTONOMY political
MARGINALIZATION
autonomy &
fiscal autonomy
SOCIAL JUSTICE “CATCH – UP”
to address the ADDRESS CHALLENGES
LEGITIMATE GRIEVANCES taking lessons from our benchmark
“autonomy experimentation”
Addressing the challenge of
BANGSAMORO ALIENATION
2 NOTHING LESS RA 9054
THAN ARMM etc
WHY PURSUE THE PEACE PROCESS ?
6
Ranking of Poverty Incidence among Families (%) by Region
(1991, 2006, 2009, 2012)

NO. 1991 2006 2009 2012

1 Caraga 48.5 Caraga 41.7 Caraga 46.0 ARMM 48.7


2 Region V 48.0 ARMM 40.5 ARMM 39.9 Region VIII 37.4
3 Region XII 47.4 Region IX 40.0 Region IX 39.5 Region XII 37.1
4 Region X 42.6 Region V 35.4 Region V 35.3 Region IX 33.7
5 Region VIII 42.3 Region VIII 33.7 Region VIII 34.5 Region X 32.8
6 Region VII 38.2 Region IV-B 32.4 Region X 33.3 Region V 32.3
7 Region II 37.3 Region X 32.1 Region XII 30.8 Caraga 31.9
8 CAR 36.7 Region XII 31.2 Region IV-B 27.2 Region VII 25.7
9 Region IV-B 36.6 Region VII 30.7 Region VII 26.0 Region XI 25.0
10 Region IX 36.4 Region XI 25.4 Region XI 25.5 Region IV-B 23.6
11 Region XI 34.1 Region VI 22.7 Region VI 23.6 Region VI 22.8
12 Region VI 32.3 Region II 21.7 Region II 20.2 CAR 17.5
13 Region I 30.6 CAR 21.1 CAR 19.2 Region II 17.0
14 ARMM 26.9 Region I 19.9 Region I 16.8 Region I 14.0
15 Region IV-A 19.1 Region III 10.3 Region III 10.7 Region III 10.1
16 Region III 18.1 Region IV-A 7.8 Region IV-A 8.8 Region IV-A 8.3
17 NCR 5.3 NCR 2.9 NCR 2.4 NCR 2.6
SOURCE: National Statistical Coordination Board
WHY PURSUE THE PEACE
PROCESS ?
We are pursuing peace and stability in Muslim Mindanao through a
negotiated political settlement to address:
❑Historical injustices committed against the Bangsamoro
❑Minoritization and landlessness
❑Relative economic deprivation and underdevelopment (bring lag
regions like the Bangsamoro at par with the other more developed
regions in the country)
❑Political and cultural marginalization
❑The just aspirations of the Bangsamoro people for self-determination
while preserving and strengthening the territorial integrity of the
Republic of the Philippines.

We aim to address these as envisioned in the


Comprehensive Agreement on the Bangsamoro (CAB)
and as further provided in the proposed Bangsamoro
Basic Law (BBL)

8
Resolution 18 (1974)- OIC recommendation to find a just , durable and comprehensive
political solution to the problem of southern Philippines through negotiation within the
sovereignty and territorial integrity of the Philippines ---AUTONOMY

The Tripoli Agreement of 1976


Quick Look at the
PD 1618: Marcos Autonomy Milestones reached
Article X of the 1987
with the Moro fronts
Constitution

RA 6734 (1989)
Tripartite Review Process
(2007 to 2016) The 1996 Final Peace RA 9054 (2002)
Agreement
Start of Peace Talks
with MILF (1997) 2012 Framework Agreement on the Bangsamoro (FAB)

2016 Completion of
2014 Comprehensive Agreement on 2018 Bangsamoro
the Tripartite review
the Bangsamoro (CAB) Organic Law (BBL)
Process (TRP)
UPDATES ON THE BANGSAMORO PEACE PROCESS
Date Milestones
11/07 Executive Order No. 8 was issued, creating the new 21-
2016 member Bangsamoro Transition Commission (BTC) with the
mandate to draft the Bangsamoro enabling law that will
pave the way for the creation of the Bangsamoro political
entity.
2/10 2017 Pres. Duterte named the 21 members of the BTC
2/24/2017 BTC was officially launched in Davao City
• 11 from MILF and 10 GPH (including 3 from MNLF-
Jikiri/Sema Group), ARMM, Women, Academe, Settler
Community, IPs, increased in representation and inclusive
of all sectors).
6/17/2017 BTC finalized its draft BBL
7/17/2017 BTC turned over the draft BBL to Pres. Duterte at the
Malacanang Palace
8/14/2017 The BBL was transmitted to HOR and Senate by the PLLO
9/19/2017 The BBL was included as a priority administration bill during
the 3rd LEDAC meeting
UPDATES ON THE BBL
Date Milestones
12/12/2017 • BBL is filed as HB 6475
• The House Committees on Local Government; Peace,
Reconciliation and Unity; and Muslim Affairs agreed to form a
sub-committee that will harmonize all four bills proposing a
BBL (e.g., HB 92, HB 6475, HB 6121, and HB 6263
12/20/2017 The Senate Subcommittee on the BBL headed by the Committees
on Local Government and Constitutional Amendments and
Revision of Codes held its first public hearing on the proposed
BBL with representatives from the BTC discussing the salient
features of the draft bill.
January and February Congressional public hearings on the proposed BBL
2018
5/30/2018 The House of Representatives and Senate approved on third
reading the proposed Bangsamoro Basic Law
a) HOR - 227 (Yes), 11 (No), 2 (abstention)
b) Senate – 21 (Yes), 0 (No)
6/01/2018 Congress adjourns sine die
09 – 15 July 2018 Bicameral Conference on BBL
23 July 2018 Third State of the Nation Address (SONA) of President Duterte;
Senate Ratified the Organic Law; Congress had a new Speaker
Is the creation of the Bangsamoro
provided in the 1987 Constitution?

YES
The 1987 Constitution (Art. X, Sec. 15) provides for the
creation of an autonomous region in Muslim Mindanao:

“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 as territorial integrity of the Republic of
the Philippines.”

12
The proposed BBL (and now BOL) puts into life and
spirit
what is contemplated in the 1987 Constitution:

“The purpose of this Basic Law 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.” (BBL, Article I, Sec. 3)

13
Outline of the Bangsamoro Organic Law

I. Preamble XI. National Defense and


II. Name & Purpose Security, Public Order and
III. Bangsamoro Identity Safety and Coast Guard
Services
IV. Territory
XII. Fiscal Autonomy
V. General Principles and Policies
XIII. Economy and Patrimony
VI. Powers of Government
XIV. Rehabilitation and
VII. Intergovernmental Relations Development
VIII. The Bangsamoro Government XV. Plebiscite
IX. Wali XVI. Bangsamoro Transition
X. Basic Rights Authority
XI. Bangsamoro Justice System XVII. Amendments and Revisions
XVIII.Final Provisions
Bangsamoro Organic Law

PREAMBLE

Imploring the aid of Almighty God, in recognition of the aspirations of the


Bangsamoro people and other inhabitants in the autonomous region in
Muslim Mindanao to establish an enduring peace on the basis of justice,
balanced society and asserting their right to conserve and develop their
patrimony, reflective of their system of life as prescribed by their faith, in
harmony with their customary laws, cultures and traditions, within the
framework of the Constitution and the national sovereignty as well as
territorial integrity of the Republic of the Philippines, and the accepted
principles of human rights, liberty, justice, democracy, and the norms and
standards of international law, and affirming their distinct historical identity
and birthright to their ancestral homeland and their right to chart their
political future through a democratic process that will secure their identity
and posterity, and allow genuine and meaningful self-governance, the
Filipino people, by the act of the Congress of the Philippines, do hereby
ordain and promulgate this Organic Law for the Bangsamoro Autonomous
Region in Muslim Mindanao.
Bangsamoro Organic Law

“The purpose of this Organic Law 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
the aspirations of Muslims Filipinos and all indigenous
cultural communities in the Bangsamoro Autonomous
Region in Muslim Mindanao to secure their identity and
posterity, allowing for meaningful self-governance
within the framework of the Constitution and the
national sovereignty as well as integrity of the
Republic of the Philippines”
What is the “Bangsamoro”?

Identity Political entity Government


or the
Bangsamoro
or the or the Bangsamoro
People Bangsamoro Government
that will replace the that will replace the
ARMM ARMM Regional
Government

• The Bangsamoro is the secular autonomous government


mandated in the Constitution.
• The Bangsamoro is not an Islamic state.

7
1
Bangsamoro Organic Law on Identity
Bangsamoro people refers to those who, at the
advent of the Spanish colonization, were considered
natives or original inhabitants of Mindanao and the Sulu
archipelago and its adjacent islands, whether of mixed
or full blood, shall have the right to identify themselves,
their spouses and descendants, as Bangsamoro (see
Article II, BOL)

The Bangsamoro Government shall recognize and promote the rights of non-
Moro indigenous peoples in the Bangsamoro.

The freedom of choice of all people in the BAR shall be respected. Indigenous
peoples have the freedom to retain their distinct indigenous and ethnic identity
in addition to their Bangsamoro political identity.

There shall be no discrimination on the basis of identity, religion and ethnicity.

See Article IV, BOL


19
Bangsamoro Organic Law on Identity &
Freedom of Religion

Recognition of customary rights and traditions in the Bangsamoro


The customs, beliefs and traditions of the Bangsamoro people are
hereby recognized, protected and guaranteed.

The Parliament shall adopt measures to ensure mutual respect and


protection of the distinct beliefs, customs, and traditions of the
Bangsamoro people and the other inhabitants in the Bangsamoro
Autonomous Region.
No person in the BAR shall be subjected to any form of discrimination on
account of creed, religion, ethnic origin, parentage, or gender (see
Article IX)
Bangsamoro Organic Law on Identity &
Freedom of Religion

Freedom to exercise one’s religion in the Bangsamoro

The Bangsamoro Government shall guarantee religious freedom


and the free exercise thereof…The Bangsamoro Government
shall protect all persons from harassment or any undue pressure,
coercion, and violence on account of religion. Any establishment
and institution shall be free to implement policies and undertake
activities pursuant to their respective religious beliefs and values
(Art. IX, Section 5)
Bangsamoro Organic Law on Political Autonomy

The political entity under this Organic


Law is called the Bangsamoro
Autonomous Region.

The Bangsamoro Autonomous Region is an integral, indivisible,


and inseparable part of the territory of the Republic of the
Philippines (See Art. IV, Sec. 1)
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24
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Bangsamoro Organic Law (Plebiscite)
Question Covered Areas Requirement to be included in the
Autonomous Region in the Bangsamoro
Questions to be For the ARMM If majority of the votes cast in the ARMM
determined by voted in favor of the approval of this BOL
COMELEC For the 6 municipalities of Baloi, Munai, Nunungan, That the majority of the votes cast in the
Pantar, Tagaloan and Tangkal in Lanao del Norte Province of Lanao del Norte shall be in favor
(that voted for inclusion in the 2001 ARMM of the inclusion of the municipality in the
plebiscite) BAR

For other brgys in Kabacan, Carmen, Aleosan, That the majority of the votes cast in the
Pigcawayan, Pikit, and Midsayap (that voted for municipality to which the barangay belongs
inclusion in the 2001 ARMM plebiscite) shall be in favor of the inclusion of the
barangay in the BAR

For Cotabato City If majority of the votes cast in the city is in


favor of their inclusion in the BAR

For Isabela City That the majority of the votes cast in the
Province of Basilan shall be in favor of the
inclusion of the City of Isabela in the BAR

For all other contiguous areas where there is if the majority of the votes cast in the
(a) a resolution of the LGUs or political units directly affected shall be in
(b) a petition of at least 10% of the registered favor of the inclusion of the petitioning local
voters in the geographic areas asking for government unit in the BAR
inclusion at least 2 months prior the conduct
of the ratification of the BBL
The plebiscite that will determine the areas that shall be
part of the Bangsamoro Autonomous Region shall be
conducted not earlier than 90 days and not later 150 days
after the effectivity of the BOL.. COMELEC Memo dated
Aug 31, 2018:
Date of Plebiscite: January 21, 2019 (Monday)
Plebiscite period: December 7, 2018- February 05, 2019
Campaign period: On December 7, 2018 upto January 19,
2019
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Bangsamoro Organic Law on Political Autonomy &
Governance

Powers of the Bangsamoro Government

The Bangsamoro Government shall exercise its authority over the


following matters without prejudice to the general supervision of the
President of the Philippines and subject to Section 20, Article X of the 1987
Constitution and the Organic Law (see Article V, Sec. 2):
 Administration of justice;
 Administrative organization;
 Agriculture, livestock, and food security;
 Ancestral domain and natural resources;
 Barter trade and countertrade;
 Budgeting;
 Business name registration;
 Cadastral land survey;
 Civil service;
 Classification of public lands; BANGSAMORO
 Cooperatives and social entrepreneurship; GOVERNMENT
Bangsamoro Organic Law on Political Autonomy &
Governance
Powers of the Bangsamoro Government (continuation):
 Creation, division, merger, abolition or alteration of boundaries of
municipalities and barangays;
 Creation of government-owned or controlled corporationsand pioneer
firms;
 Creation of sources of revenues;
 Cultural exchange, and economicand technical cooperation;
 Culture and language;
 Customary laws;
 Development programs and laws for women, labor, the youth, the
elderly, the differently-abled, and indigenous peoples;
 Disaster risk reduction and management;
 Ecological solid waste management and pollution control;
 Economic zones, industrial centers,and free ports;
 Education and skills training;
 Eminent domain;
 Environment, parks, forest management, wildlife, and nature reserves
conservation
Bangsamoro Organic Law on Political Autonomy &
Governance
Powers of the Bangsamoro Government (continuation):
 Fishery, marine, and aquatic resources;
 Grants and donations;
 Hajj and Umrah;
 Health;
 Housing and human settlements;
 Humanitarian services and institutions;
 Human rights;
 Indigenous peoples’ rights;
 Inland waters;
 Inland waterways for navigation;
 Islamic banking and finance;
 Labor, employment, and occupation;
 Libraries and museums, and historical, cultural and archaeological
sites;
 Loans, credits, and other forms of indebtedness;
 Mechanisms for consultations for women and marginalized sectors;
 People’s organizations;
Bangsamoro Organic Law on Political Autonomy &
Governance
Powers of the Bangsamoro Government (continuation):
 Power sector investments;
 Public utilities’ operations;
 Public works and infrastructure;
 Quarantine regulations;
 Registration of births, marriages, and deaths, copies to be furnished
the Philippine Statistics Authority;
 Regulation of the manufacture and distribution of food, drinks, drugs,
and tobacco;
 Science and technology, research councils and scholarship programs;
 Social services, social welfare, and charities;
 Sports and recreation;
 Technical cooperation for human resource development;
 Tourism development;
 Trade and industry;
 Urban and rural planning development;
 Urban land reform and land use; and
 Water supply and services, flood control, and irrigation systems.
Bangsamoro Organic Law on Political Autonomy &
Governance

All powers, functions and responsibilities not


granted by the Constitution or by national law to
the Bangsamoro Government shall be vested in the
National Government (see Art. V, Sec.1)
NATIONAL
GOVERNMENT

The President shall exercise general supervision over the Bangsamoro


Government to ensure that laws are faithfully executed. The President
may suspend the Chief Minister for a period of not exceeding 6 months
for willful violation of the Constitution, national laws or this Organic Law
(see Art. VI, Sec. 1)
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35
Bangsamoro Organic Law on Political Autonomy &
Governance
Intergovernmental Relations

National Government – Bangsamoro Government


Intergovernmental Relations Body (or Intergovernmental
Relations Body)
 shall coordinate and resolve issues on intergovernmental
relations through regular consultations and continuing
negotiations in a non-adversarial manner. The IGR Body shall
exhaust all means to resolve issues. Unresolved issues shall be
elevated to the President through the Chief Minister.
Other IGR bodies in RA 11054:

 Philippine Congress – Bangsamoro Parliament Forum. –for purposes of


cooperation and coordination of legislative initiatives.
 Intergovernmental Fiscal Policy Board. –shall address revenue imbalances and
fluctuations in regional financial needs and revenue-raising capacity of the
Bangsamoro Government
 Joint Body for the Zones of Joint Cooperation.– shall be responsible for
formulating policies relating to the Zones of Joint Cooperation in the Sulu Sea and
Moro Gulf
Bangsamoro Organic Law on Political Autonomy &
Governance
Other IGR bodies in RA 11054:
 Intergovernmental Infrastructure Development Board. – shall be responsible for
coordinating and synchronizing national and Bangsamoro infrastructure
development plans.
 Intergovernmental Energy Board.– shall resolve all matters specified in Section 37,
Article XIII of this Organic Law and other energy issues referred to it by the
Intergovernmental Relations Body.
 Bangsamoro Sustainable Development Board.– shall ensure the integration and
harmonization of economic, social, and environmental considerations as vital
dimensions of sustainable development policy and practice in the Bangsamoro
Autonomous Region.
 Council of Leaders –shall advise the Chief Minister on matters of governance in the
BAR. It shall consist of the following members:
 Chief Minister as head of the council;
 Members of the Congress of the Philippines from the BAR;
 Provincial governors, and mayors of chartered cities in the BAR;
 Representatives of traditional leaders, non-Moro indigenous communities,
women, settler communities, the Ulama, youth, and Bangsamoro communities
outside of the BAR;
 Representatives of other sectors
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39
Bangsamoro Organic Law on Political Autonomy &
Governance

Registered voters in the


BAR shall vote for: By a majority vote of all The Chief Minister shall:
 Political parties members of the  nominate 2 Deputy
(seats allocated Parliament, the Chief Ministers who
through Bangsamoro Parliament shall be elected by the
proportional shall elect the Chief Parliament (the Deputy
representation) Minister CMs may each hold a
 Parliamentary cabinet position & shall
district  Appoint members of
representatives the Cabinet, majority
(direct plurality) of whom shall come
 Representatives for from the Parliament
reserved/sectoral
seats
Bangsamoro Organic Law

Qualifications:
 Member of Parliament
 Natural-born citizen of the Philippines
 At least 25 years old on the day of
election

Powers, Duties and Functions of the Chief Minister:


 Head of the Bangsamoro Government
 Appoint heads of ministries, agencies, bureaus, and offices of the
Bangsamoro Government or other officers of Bangsamoro-owned or
controlled corporations or entities with original charters;
 Appoint other officers in the Bangsamoro Government
 Represent the Bangsamoro Government in the affairs of the Bangsamoro
Autonomous Region;
 Member of MinDA
 Ex-officio member of the NSC and NEDA on matters concerning the BAR
Bangsamoro Organic Law
Dissolution of Parliament Upon a Vote of No Confidence
 Within 72 hours, upon a vote of no confidence of at least
two-thirds (2/3) of all the members of the Parliament
against the government of the day, the Chief Minister shall
advise the Wali to dissolve the Parliament and call for a
new parliamentary election.
 The election for a new parliament shall be held not later BANGSAMORO
PARLIAMENT
than one hundred twenty (120) days from the date of
dissolution.

WALI
 Ceremonial head of the Bangsamoro Government (e.g.,
opens Parliament’s session, administers oath of office,
dissolves Parliament, calling for election)
 to be selected by the Parliament from a list of eminent
residents of the BAR submitted by the Council of Leaders
 1st Wali to serve for 3 years, subsequent Wali for 6 years
 Cannot countermand the Chief Minister on the
dissolution of the Parliament
43
Bangsamoro Organic Law on Justice System

The justice system in the Bangsamoro shall be administered in


accordance with the unique cultural & historical heritage of the
Bangsamoro. It shall be in consonance with the Constitution,
Shari’ah, traditional laws and other relevant laws.

Justice System in the Bangsamoro


Shari’ah/Islamic law
(shall apply Traditional or tribal Alternative dispute
Regular courts
exclusively to cases laws resolution
involving Muslims)

Where a case involves a non-Muslim, Shari’ah law may apply only if the non-Muslim
voluntarily submits to the jurisdiction of the Shari’ah court.
45
Bangsamoro Organic Law on Public Order &
Safety

The defense and security of the Bangsamoro Autonomous Region shall be the
responsibility of the National Government.

The PNP shall create a Police Regional Office in the BARMM which shall be
organized, maintained, supervised and utilized for the primary purpose of law
enforcement and maintenance of peace and order in the Bangsamoro.
 PRO BARMM shall be headed by a Regional Director who shall, upon consultation
with the Chief Minister, be appointed in accordance with RA 6975.

 To facilitate entry into the PNP of MILF and MNLF members


from the BAR, the age, height, and educational attainment
requirements may be waived by the NAPOLCOM, subject to
existing rules and regulations:
 This waiver shall be availed of within a period of 5 years
from the ratification of BOL
 The requirement of educational attainment shall be
complied with within 15 years from their entry:
 Their rank and grade shall be subject to existing laws,
rules and regulations governing the PNP
47
Bangsamoro Organic Law on Fiscal Autonomy
 The Bangsamoro Government shall enjoy fiscal autonomy with the end in
view of attaining economic self-sufficiency and genuine development (Art.
XII, Sec. 1)

 The Bangsamoro Government shall have the power to create its own
sources of revenues and to levy taxes, fees, and charges, subject to the
provisions of this Organic Law and consistent with the principles of
equalization, equity, accountability, administrative simplicity, harmonization
and economic efficiency, and fiscal autonomy. Such taxes, fees, and charges
shall accrue exclusively to the Bangsamoro Government (Art. XII, Sec. 6)
Bangsamoro Organic Law on Fiscal Autonomy

Example of sources of funds in the Where all taxable elements are


BAR: within the Bangsamoro
 Taxes territorial jurisdiction, the
 Fees and charges Parliament may impose the
 Annual Block Grant following taxes to the exclusion
 Revenue from exploration, of the BIR of the National
development & utilization of Government:
natural resources 1. Capital Gains Tax
 Share in National Government 2. Documentary Stamp Tax
taxes, fees, and charges collected 3. Donor’s Tax
in Bangsamoro 4. Estate Tax
 See Article XII, Sec. 6

The Parliament shall exercise, subject to the provisions of the Constitution,


the power to levy taxes, fees, and charges, which shall inure solely to the
benefit of the BAR
Bangsamoro Organic Law on Fiscal Autonomy
Sharing of Taxes Collected by the National
Government in the Bangsamoro Auotnomous Region

25%
National Government

75% Bangsamoro Government

NOTE:
 For the first 10 years following the effectivity of BOL, the share of the National
Government shall be retained by the Bangsamoro Government
 After 10 years, upon the petition of the Bangsamoro Government, the National Gov’t
may extend the period as deemed necessary.
 The Bangsamoro Government share is inclusive of the shares of the constituent LGUs
 The shares in taxes, fees and charges shall be separate and distinct from the annual
block grant appropriated to the Bangsamoro Government
 The Parliament shall enact a law detailing the shares of the constituent LGUs in the
share of the Bangsamoro Government
SHARING OF NATIONAL TAX COLLECTION IN
THE BANGSAMORO

Central Government Tax


ARMM (RA 9054)
Collection in the Bangsamoro
(except tariff and customs duties)

ARMM 70%
35% to
Bangsamoro province/city
75% 35% regional
gov't

Central Central
Government Government
25% 30%

Source: OPAPP archives, 2013


Bangsamoro Organic Law on Fiscal Autonomy

Annual Block Grant

Net national Net Collection


internal revenue
Annual from Bureau
Block Grant 5% (NIR) collection
of the BIR
of Customs

 The NIR tax collections of the BIR is the sum of all internal revenue tax collections of the
BIR during the base year less the internal revenue allotment of LGUs, the amount
released during the same year for tax refunds, payments for informers’ reward, and any
portion of internal revenue tax collections which are presently set aside, or hereafter
earmarked under special laws for payment to third persons.

 The formula of the Block Grant shall be reviewed by the Integovernment Fiscal Policy
Board 5 years after the effectivity of the BOL, and every 5 years after. The review shall
consider the fiscal needs of the BG and the actual revenues it is able to generate
Bangsamoro Organic Law on Fiscal Autonomy

Annual Block Grant


 It be sufficient for the exercise of the  20 years from the operationalization of
powers and functions of the the Bangsamoro Government, the
Bangsamoro Government and in no following shall be deducted from the
case shall be less than the last budget block grant:
received by the ARMM immediately  Revenue from the following taxes
before the establishment of the imposed and collected in the
Bangsamoro Autonomous Region. Bangsamoro territorial jurisdiction
by the BG 3 year prior:
 It shall be automatically appropriated 1. Capital Gains Tax
to the Bangsamoro Government. 2. Documentary Stamp Tax
3. Donor’s Tax
 It shall be released without need of 4. Estate Tax
any further action, directly and
comprehensively, to the Bangsamoro  Share of the BG in the income
Government, and shall be regularly derived from the exploration,
released. development, and utilization of
natural resources collected 3
years prior
Bangsamoro Organic Law on Fiscal Autonomy

Special Development Fund

• The National Government shall provide a special development


fund to the Bangsamoro Government for the rebuilding,
rehabilitation, and development of its conflict-affected
communities.

• The amount equivalent to Fifty billion pesos


(P50,000,000,000.00), at Five billion pesos (P5,000,000,000.00)
per year, for a period of ten (10) years from the ratification of
this Organic Law, shall be allocated for this purpose.
REVENUES from the Exploration,
Development and Utilization of
Natural Resources
Bangsamoro Organic Law on Natural Resources

 Subject to the provisions of the Constitution, the Bangsamoro


Government shall have the power, authority, and right to
explore, develop, and utilize the natural resources, including
surface and subsurface rights, inland waters, coastal waters,
and renewable and nonrenewable resources in the BAR.

 Subject to the provisions of the Constitution and national laws,


the Bangsamoro Gov’t and the National Gov’tn shall jointly
exercise the power to grant rights, privileges, and concessions
over the exploration, development, and utilization of Uraniam
and fossil fuels such as petroleum, natural gas, and coal in the
territorial jurisdiction of the Bangsamoro.

See Article XIII


Sharing in the EDU
of Natural Resources
Government revenues generated from the
exploration, development and utilization of
all natural resources in the Bangsamoro,
inclusive of mines and minerals, shall
pertain fully to the BG. In the case of
uranium and fossil fuels such as petroleum,
natural gas, and coal, the same shall be co-
managed and the revenues shared equally
between the NG and the BG.
Sharing in the EDU
of Natural Resources
The share of the Bangsamoro Government in the
revenues referred to in the immediately
preceding section shall include those for its
constituent LGUs:
• 30%: BG
• 20%: provinces
• 15%: cities
• 20%: municipalities
• 15%: barangays
Sharing in the EDU
of Natural Resources
Indigenous peoples and communities shall have
an equitable share of the revenues generated
from the EDU of natural resources that are found
within the territories covered by a native,
traditional, or customary title in their favor,
which shall be provided by a law to be passed by
the Parliament detailing the sharing mechanism
and percentages:
60
Bangsamoro Organic Law
Zones of Joint Cooperation in the Sulu Sea and the Moro Gulf

 A Joint Body created for the Zones of Joint shall be formed to establish the
polices relating to the ZJC.
 The Bangsamoro Government and the National Government shall work
together to regulate the waters that comprise the Zones of Joint Cooperation
in the Sulu Sea and the Moro Gulf. Policies shall be jointly formulated for the
following purposes:
 Protection of the traditional fishing grounds;
 Equitable sharing of the benefits from the resources therein; and
 Ensuring the interconnectivity of the islands and mainland areas
comprising the Bangsamoro Autonomous Region towards a cohesive
Bangsamoro political entity.

 The Bangsamoro Government and the National


Government shall ensure that there shall be free
movement of vessels, goods, and people in these Zones
of Joint Cooperation.
Bangsamoro Organic Law

Bangsamoro Transition Authority


 Shall serve as interim government in the BAR during the
transition period
 The MILF shall lead the BTA, without prejudice to the
participation of the MNLF.
 Shall be composed of 80 members who shall be appointed by
the President
 Elected officials of the ARMM shall automatically become
members of the BTA and shall serve until noon of 30 June 2019
 Non-Moro indigenous communities, youth, women settler
communities, traditional elders, shall have representatives in
the BTA
 Legislative and executive powers in the BAR during transition
shall be vested in the BTA
 Shall enact: Bangsamoro Administrative Code, Bangsamoro
Revenue Code, Bangsamoro Electoral Code, Bangsamoro Local
Government Code, and Bangsamoro Education Code
Bangsamoro Organic Law

Transfer of Powers and Properties and Disposition of Personnel

• All powers, functions, assets, capital, records, funds, receivables, equipment, and facilities
of the Autonomous Regional Government in Muslim Mindanao at the time of the
ratification of this Organic Law shall be transferred to the Bangsamoro Government.

• The Bangsamoro Transition Authority shall schedule the gradual phasing out of offices of
the ARMM

• In consideration of public interest and the delivery of services, officials holding appointive
positions shall continue to perform their functions in accordance with the phase-out
schedule. Employees in the sectors of health, education, and social welfare shall be
absorbed and transferred to the Bangsamoro Government. The Bangsamoro Transition
Authority shall conduct a human resource audit and shall subject all transferred and new
employees to qualification standards as provided in the laws, rules, and regulations of the
Civil Service Commission and those that may be set by the Bangsamoro Transition
Authority.

• The affected personnel who will not be absorbed in the positions of the new staffing
pattern of the different offices in the Bangsamoro Government, whether hired on a
permanent, temporary, casual or contractual basis and with appointments attested by the
Civil Service Commission, shall be entitled to applicable retirement or separation benefits
as provided in this Organic Law.
Bangsamoro Organic Law
Transfer of Powers and Properties and Disposition of Personnel
• The National Government shall provide the necessary funds for the benefits and
entitlements of the affected employees of the ARMM during the transition period.

• Affected personnel who are retired or are separated from the service shall not be re-
employed in any agency of the Bangsamoro Government or the National
Government, including government-owned or controlled corporations for a period
of five (5) years. The retired or separated personnel who are re-employed during the
prohibited period shall refund, on a pro-rated basis, the separation incentives they
received under this Section.

• The BTA shall institute an independent, strictly merit-based, and credible placement
and hiring process for all offices, agencies, and institutions in the Bangsamoro
Government, and shall consider gender and ethnic balance.

Years in Service Applicable incentives for affected personnel

1 year – 5 years 100% of the monthly basic salary for every year of government service
5 years – 10 years 150% of the actual monthly salary for every year of government service
10 years above 2 months of actual monthly basic salary for every year of government service
CONVERGENCE OF THE 1996 FPA AND
THE 2014 CAB

The BOL is inclusive and promotes convergence of the gains of


the 1996 Final Peace Agreement with the MNLF and the best
features of the Comprehensive Agreement on the
Bangsamoro with the MILF.
• Powers already granted to ARMM are retained.
• MNLF shall have participation in the Bangsamoro Transition Authority
(BTA).
• Adheres to Consensus #3 of the Joint Communiqué of the 5th and Final Tripartite
Review Process (26 January 2016)
• The BOL already incorporated Consensus #2 on Co-Management of
Strategic Minerals (fossil fuels)
BASIC PREMISES

RIGHT to SELF-DETERMINATION
“Underlying the CAB is the
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”

Par. 3, CAB
The whole development of the law is about closing
the gap between law and justice

“Bangsamoro is about the development of people,


not about the constitutionality of words.”
“The core principles of the 1987 Constitution in mandating a
special status for the autonomous regions is the human
development of the people of Muslim Mindanao and the
Cordilleras. Hence, the public conversations should not be
about semantics but about people – their needs, their
aspirations, their choices – about empowering them with the
environment and institutional framework for social justice.”
- STATEMENT OF THE FRAMERS OF THE 1987 CONSTITUTION, 9
JAN 2015
67
DAGHANG SALAMAT!!!

Let us educate our people regarding the


Bangsamoro Organic Law…#BangsaMo