2. 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
3. Outline of the BANGSAMORO
BASIC LAW
Preamble
Name and Purpose
Bangsamoro
Identity
Territory
General Principles
and Policies
Powers of
Government
Intergovernmental
Relations
The Bangsamoro
Government
Wali
Basic Rights
Bangsamoro Justice
System
Public Order and
Security
Fiscal Autonomy
Economy and
Patrimony
Rehabilitation and
Development
Plebiscite
Bangsamoro
Transition Authority
Amendments and
Revisions
Final Provisions
4. 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.
PREAMBLE
5. 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.
PURPOSE
6. 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 Territory
9. Legislative Authority
• 60 members of the
parliament
– Party representatives
– District representatives
– Reserved seats & sectoral
representatives
• 3-year term, no more than 3
consecutive terms
• Wali as titular head – performing
only ceremonial functions
BANGSAMORO
PARLIAMENT
50%
40%
10%
10. • The executive
function and
authority shall be
exercised by the
Cabinet Minister who
shall be headed by a
Chief Minister.
• Composition: Chief
Minister, Deputy
Chief Minister, and
other ministers
Executive Authority
BANGSAMORO
CABINET
CHIEF MINISTER
Elected by majority votes from
among the members of the
Parliament
DEPUTY
CHIEF MINISTER
Appointed by the Chief Minister
from among the elected members
of the Parliament
OTHER
MINISTERS
Majority shall also come from
among the members of the
Parliament
11. 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
12. 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.)
13. 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.
14. Bangsamoro Justice System
• 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.
Shari’ah
Courts
Traditional /
Tribal Justice
System
Local Courts Alternative
Dispute
Resolution
15. 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.
16. BANGSAMORO POLICE
Bangsamoro
Police Director
DeputyDeputy
Provincial
Director
Municipal
Chief of Police
City Chief
of Police
Chief Minister • Exercise operational
control and supervision
and disciplinary
powers
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.
17. PUBLIC ORDER AND SECURITY –
BANGSAMORO POLICE
BANGSAMORO
POLICE
PHILIPPINE NATIONAL POLICE
• Law enforcement and
maintenance of peace
and order in the
Bangsamoro
• It is part of the
Philippine National
Police.
18. PUBLIC ORDER AND SECURITY –
BANGSAMORO POLICE BOARD
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
within the bounds of
its authority.
19. Revenue Generation
• Taxation
• Fees and charges
according to the
exclusive and
concurrent powers and
functions of the BG
Taxes Transferred to the
Bangsamoro
1. Capital Gains Tax
2. Estate Tax
3. Donor’s Tax
4. DST
100%
BANGSAMORO
GOVERNMENT
Taxes Already Devolved
to the ARMM100%
BANGSAMORO
GOVERNMENT
National Taxes Collected
in the Bangsamoro
25%
CENTRAL
GOVERNMENT
75%
BANGSAMORO
GOVERNMENT
20. Revenue Generation
• Sharing in the revenues from the exploitation,
development and utilization of natural
resources
REVENUES FROM THE EXPLOITATION, DEVELOPMENT AND UTILIZATION OF NATURAL RESOURCES
Fossil FuelsMetallic MineralsNon-Metallic Minerals
50%
BANGSAMORO
GOVERNMENT
50%
CENTRAL
GOVERNMENT75%
BANGSAMORO
GOVERNMENT
25%
CENTRAL
GOVERNMENT100%
BANGSAMORO
GOVERNMENT
21. • 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.
Other sources of funds
22. 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
23. 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
24. Indigenous Peoples
General Principles
• Recognition & protection of customs and
traditions, beliefs, and cultures of the
indigenous inhabitants
Freedom of
Choice
Just and Equal
Treatment
Freedom from
Discrimination
25. Indigenous Peoples
General Principles
• Protection of the
rights of the
indigenous peoples in
the Bangsamoro
• United Nations
Declaration on the
Rights of Indigenous
Peoples
Economic and geographical criteria
Individual and communal property
rights
Cultural integrity
Customary beliefs
Historical and community
traditions
26. Indigenous Peoples
Bangsamoro
Transition
Authority
Bangsamoro
Parliament
Council of
Leaders
Cabinet
Representative in
the BTA
Interim Cabinet:
Indigenous Peoples
Affairs
Gender and ethnic
balance in the hiring
process for the
bureaucracy
2 reserved seats
Selection of
nominees for
reserved seats shall
be pursuant to
customary laws and
indigenous
processes
Representative in
the Council
Council shall advise
the Chief Minister
on matters of
governance
Council shall also be
organized during
transition
Parliament shall
create an
appropriate office or
ministry for IPs,
which shall be part
of the Bangsamoro
Cabinet
On Governance | Representation
27. Plebiscite
Decision-making levels:
For the present geographic area of the
ARMM:
per province and city
For the municipalities in the Province of
Lanao del Norte:
per municipality
For the 39 barangays in North Cotabato: per barangay
For Cotabato and Isabela City: per city
For the petitioning LGU: per LGU
28. 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
29. 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
Committee on Political Autonomy
Powers of Government
Reserved
Concurrent
Exclusive
Committee on Justice and Security
Bangsamoro Justice System
Shari’ah Courts
Traditional/Tribal justice system
Local Courts
Alternative Dispute Resolution System
Committee on Fiscal Autonomy
Fiscal Autonomy
Sources of Revenue
Intergovernmental Fiscal Policy Board
Economy and Patrimony
Sustainable Development
Natural Resources
Trade and Industry
Public Utilities and Infrastructure
Committee on Basic Rights, Culture, Social Justice and IP Concerns
Basic Rights (Civil-Political & Ecosoc Rights)
IP Rights
Social Justice
Right to Education
Right to Health
Arts & Sports
Culture
Committee on Transitional Arrangements and Modalities
Where the plebiscite will be conducted:
Where the plebiscite will be conducted:
There shall be created a joint body composed of representatives from the Department of Environment and Natural Resources (DENR) and the National Mapping and Resource Information Authority (NAMRIA) and equal number of representatives from appropriate agencies of the Bangsamoro Government that shall establish the coordinates of the Bangsamoro territory, including the Bangsamoro waters and the Zones of Joint Cooperation.
Zones of Joint Cooperation in the Sulu Sea and the Moro Gulf
Protection of the traditional fishing grounds;
Benefitting from the resources therein;
Ensuring the connectivity of the islands and the mainland parts of the Bangsamoro so that they are parts of a cohesive territory; and
Ensuring the exercise of the preferential rights of the Bangsamoro people and other indigenous peoples
NOTE: The constitution left it to the wisdom of Congress to determine the most appropriate structure of government for the autonomous region, i.e., the Bangsamoro, with the only caveat that its legislative and executive officials must be elected.
WALI: (1) oath of CM; (2) ceremonial function, such as opening of P; (3) failure to elect CM within 30 days, may dissolve P; (4) 2/3 vote of no confidence, may dissolve P, election to be called thereafter;
Appointed by P from list of names of eminent BM submitted by Council of Leaders
3 yrs (first W); 6 yrs (succeeding W)
Only regional parties may participate in the elections in the Bangsamoro
Bangsamoro Electoral Office: to supervise, monitor, and oversee the conduct of elections for all elective local officials in the Bangsamoro
Convened and presided over by the Chief Minister. The Chief Minister shall be assisted by a Deputy Chief Minister and Cabinet Ministers.
The Central Government shall appoint a Secretary for the Bangsamoro. The Bangsamoro Government shall also have a Minister who shall sit in this mechanism, representing the Chief Minister.
Intergovernmental Fiscal Policy Board shall be composed of the heads and/or representatives of the appropriate ministries and offices in the Bangsamoro Government. The Central Government shall likewise be represented in the Board by the Secretary of Finance. xxx
NOTES: Can Chief, PNP countermand the orders of the Chief Minister on matters of operations?
NOTE: The sharing of national tax collections within the region is an enhancement of the existing scheme in RA 9054
Taxes transferred to the Bangsamoro – 100%
Taxes already devolved to the ARMM – 100%
75% of Central Government taxes, fees and charges collected in the Bangsamoro, other than tariff and customs duties, shall go to the Bangsamoro, including the shares of the LGUs
Parliament shall enact a law detailing the shares of constituent LGUs
NOTE: The sharing scheme provided herein is an improvement of the arrangement in RA 9054 (does away with distinction between strategic and non-strategic minerals, which are non-scientific and purely political classifications.)
Other Sources of Revenues
Revenues from and participation in GOCCs
Grants and donations
Grants from economic agreements entered into by the BG; and conventions to which the CG is a party
Loans and Overseas Development Assistance (ODA)
NOTE: The Constitution ensures that all government units – from the regular LGUs to the autonomous governments mentioned in its Article X – shall have a just share in the national taxes which shall be automatically released to them. Currently, LGUs enjoy this constitutional guarantee by virtue of the IRA. The introduction of the “annual block grant” is to allow the Bangsamoro the same or even greater level of autonomy in the management of its budget.
Freedom of choice as regards Bangsamoro Identity – Mentioned twice in the basic law
Right of indigenous peoples to a just and equal treatment
Freedom from all forms of discrimination, oppression and exploitation – Mentioned again under basic rights
Exclusive powers: Customary laws; Culture and language; On Basic Rights| Other Provisions
Customary Rights and Traditions
Customs, beliefs and traditions of the people in the Bangsamoro are recognized, protected and guaranteed
Adopt measures to ensure mutual respect and protection of the distinct beliefs, customs and traditions
Freedom from any form of discrimination on account of creed, religion, ethnic origin, parentage or sex
Exclusive power of the BG:
Protection of the rights of the indigenous peoples in the Bangsamoro
In accordance with the United Nations Declaration on the Rights of Indigenous Peoples
Taking into account
Economic and geographical criteria,
Their individual and communal property rights,
Cultural integrity,
Customary beliefs,
Historical and community traditions