r. .
NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Third Regular Session 
)
NOV 19 All :2-]
SENATE 
S. B. No. 2879
Introduced by Senator Robinhood Padilla
AN ACT
ESTABLISHING THE BASULTA AUTONOMOUS REGION
EXPLANATORY NOTE
In accordance with the constitutional provision for creating autonomous regions 
in Muslim Mindanao, the Autonomous Region in Muslim Mindanao (ARMM) was 
established in 1989 through Republic Act No. 6374.
Since then, Congress has enacted significant legislation to uphold this 
constitutional mandate. This includes Republic Act No. 9054, which expanded the 
territory and powers of the ARMM in 2001, and more recently. Republic Act No. 11054, 
known as the Bangsamoro Organic Law (BOL), which established the Bangsamoro 
Autonomous Region in Muslim Mindanao (BARMM) and abolished the ARMM. The 
region covers six (6) provinces including Maguindanao del Norte, Maguindanao del 
Sur, Lanao del Sur, Basilan, Sulu, and Tawi-tawi, with the city of Cotabato as its 
regional center.
However, six (6) years after the passage of RA 11054, the Supreme Court in 
its decision in the case of Province of Sulu vs. Executive Secretary [G. R. Nos. 242255, 
243246, and 243693] dated 09 September 2024 declared the province of Sulu as not 
part of BARMM after the Sulu voters rejected the ratification of the BOL.
To further promote political stability and economic development in the Sulu 
archipelago, this bill aims to create an effective political entity, provide for its basic 
structure of government in recognition of the cause of the people of Sulu, and that of 
the people of the provinces of Basilan and Tawi-tawi.
This proposed measure envisions to establish the BASULTA Autonomous 
Region to help address the specific needs of the island provinces, particularly in the 
delivery of basic services. This also seeks to foster meaningful and effective


governance and sustainable development, characterized by respect for culture, 
traditions, and diversity.
Towards this end, the passage of this measure is earnestly sought.
fOBINHOOD PADILLA
Senator


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Third Regular Session 
)
24 NOV 19 
-23
SENATE
S. B. No. 2879
Introduced by Senator Robinhood Padilla
AN ACT
ESTABLISHING THE BASULTA AUTONOMOUS REGION
Be it enacted by die Senate and House of Representatives of die Philippine in 
Congress assembled:
1 
PREAMBLE
2 
We, the people of the BASULTA region, imploring the will of Divine Providence,
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exercising our fundamental and Constitutional right to self-determination, faithful to
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the pursuit of our forebears for the protection, conservation, and development of our
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patrimony and cultural heritage, in order to secure for ourselves and our posterity a
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region of peace and prosperity founded on truth, fairness, freedom, justice, love, and
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solidarity through an autonomous region that shall ensure our human development
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and our active participation as citizens in the affairs of a united Philippines, do proclaim
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this Organic Act of the BASULTA Autonomous Region.
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ARTICLE I
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NAME AND PURPOSE
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Section 1. Name. —There is hereby established an autonomous region to be
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known as the "BASULTA Autonomous Region (BAR)".
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Sec. 2. Purpose. —The purpose of this law is to establish an effective political
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entity, provide for its basic structure of government in recognition of the justness and
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cause of the people of the BASULTA region, their fundamental and Constitutional right
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to self-detemiination and the faithful pursuit of the duty to protect, conserve and
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develop their patrimony and cultural heritage, in order to secure for themselves and 
their posterity a region of peace and prosperity founded on truth, fairness, freedom, 
justice, love and solidarity, the preservation of their identity and posterity, and the 
attainment of meaningful and effective governance.
ARTICLE II 
AREA AND IDENTITY
Sec. 3. Creation of BASULTA Autonomous Region. —There shall be created a 
political entity which shall be known as BASULTA Autonomous Region (BAR), which 
shall consist of the city and provinces that shall vote favorably in the plebiscite called 
for the ratification of this Organic Act pursuant to Section 18, Article X of the 
Constitution in the provinces of Basilan, Sulu, and Tawi-Tawi.
ARTICLE III
DECLARATION OF POLICIES AND PRINCIPLES
Sec. 4. Integmi Part of the Repubiic. —The BAR shall remain an integral and 
inseparable part of the national territory of the Philippines as defined by the 
Constitution and existing laws. The autonomous region shall be governed and 
administered in accordance with this Constitution, Organic Act, statutes passed by the 
Congress, and laws enacted by the Regional Assembly.
Sec. 5. Equitable Share in tire National Budget and Development Assistance. — 
The national government shall provide the autonomous region with a proportionate 
and equitable share in the annual national budget and foreign-assisted projects based 
on the defined programs, functions, and performance goals of BAR in addition to other 
financial assistance, support, and subsidies to accelerate its development.
Sec. 6. Self-governance. — In the exercise of their right to genuine autonomy 
and meaningful self-governance, inhabitants of the BAR are free to pursue their 
political, economic, social, and cultural development within the framework of national 
sovereignty and in accordance with the Constitution.


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Sec. 7. Democratic Political System. — The Regional Government is a
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democratic political system that allows the people to participate in political processes.
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Sec. 8. Prior and Preferential Rights. —The inhabitants of the BAR shall have
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prior and preferential right to the natural, material, fiscal resources, and other
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ancestral domain of the BAR in accordance with the Constitution and other pertinent
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laws.
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Sec. 9. Fundamental Rights and Duties of People. —The fundamental rights
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and duties of the people in the BAR are those defined in the Constitution, this Organic
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Act, and other pertinent laws.
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Sec. 10. Rights to Initiatives, Consultations, Referenda, and Plebiscites. —The
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rights of the people of the BAR to initiate measures for the passage, amendment, or
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repeal of regional or local legislation, to be consulted on matters that affect their
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welfare, to call for a referendum on important issues affecting their lives, and, to recall
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regional or local officials as provided by Republic Act No. 7160, as amended, otherwise
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known as the Local Government Code of 1991, are hereby recognized without
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prejudice to the other rights guaranteed by the Constitution.
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Sec. 11. Accountability of Public Officers. — Public office is a public trust. Public
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officers and employees shall at all times be accountable to the people, serve them
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with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and
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justice, and lead modest lives.
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Sec. 12. Upholding Human Rights. — The Regional Government shall take
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measures to prevent torture, cruel, inhumane and degrading punishment, illegal
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detention, and extra-judicial killings.
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Sec. 13. Establishment of Peace Zones. —The Regional Government adheres
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to the policy of peace and shall establish peace zones within the region when
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applicable.
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Sec. 14. Devolution of Powers. —The Regional Government shall adopt a policy
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on local autonomy whereby regional powers shall be devolved to local government
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units (LGUs), particularly in areas of education, health, human resources, science and
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technology, and people empowerment. Until a law implementing this provision is
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enacted by the Regional Assembly, the provisions of the Local Government Code of


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1991, as amended shall continue to apply to all provinces, cities, municipalities, and
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barangays within BAR.
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The regional assembly shall not pass any law to diminish, lessen or reduce the
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powers, functions, and shares in the National Tax Allotment of the said LCDs as
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provided for by the Local Government Code of 1991, as amended.
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Sec. 15. Sustainable Use and Management of Resources. — The Regional
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Government shall share with the national government in the exploration,
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development, and utilization of its natural resources, conservation, and protection of
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natural resources by promoting the sustainable use and management thereof and shall
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adopt environmentally sound and appropriate technology in the management of
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natural resources. The use of renewable energy for the power needs of the inhabitants
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of the BAR and the conduct of business and commerce thereat shall be promoted.
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Sec. 16. Community Responsive Education. —The Regional Government shall
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integrate into the educational system a subject that responds to the needs of the
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BASULTA communities, respects and promotes knowledge, core values, systems,
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institutions, culture, history, and practice, encourage the use of languages and
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methods of education, and promote science and appropriate technology and
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methodologies that encourage creative and critical thinking of the people from
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BASULTA.
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Sec. 17. Protection and Empowerment — The Regional Government shall
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formulate plans and programs for the empowerment of the youth and guarantee their
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effective participation and representation in all aspects of public affairs. Laws shall be
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enacted, and measures adopted to protect women and children against all forms of
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neglect, cruelty, and exploitation which are harmful to their moral, physical, or mental
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health, in accordance with the provision of the Constitution and other pertinent laws.
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Sec. 18. Regional Arrangements. —The Regional Government shall pursue a
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policy of interregional development planning, coordination, and mutual cooperation in
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order to promote sustainable development as well as protect and conserve resources.
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Sec. 19. Equal Access and Non-discrimination. — The Regional Government
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shall ensure equal access by inhabitants of the BAR to resources, employment
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opportunities, and services regardless of ethnic origin, gender, language, political
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conviction, economic, and social status, or religious belief.


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Sec. 20. SociaUustice. —The Regional Government shall endeavor to minimize
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social, economic, and political inequalities within the region by providing, maintaining,
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and ensuring the equitable delivery of basic services, and creating economic
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opportunities based on freedom of initiative and self-reliance.
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Sec. 21. Foreign Investments. — The Regional Government shall provide
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incentives to investors, corporations, and other businesses, in accordance with the
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Constitution, this Act, Republic Act No. 11534 otherwise known as the Corporate
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Recovery and Tax Incentives for Enterprises (CREATE) Act, and other pertinent laws.
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Sec. 22. Customary Laws.— Existing customary laws on personal, family, and
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property relations, when applicable, shall be respected.
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ARTICLE IV
13 
THE BASULTA AUTONOMOUS REGION
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A. Powers and Functions
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Sec. 23. Powers and Functions. — The Regional Government shall exercise
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powers and functions necessary for the proper governance and development of all
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provinces, cities, municipalities, and barangays within the autonomous region
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consistent with the declared constitutional autonomous government of self-
20 
governance and right to self-determination: Provided:That nothing in this Act shall be
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construed as to authorize the diminution of the powers and functions already enjoyed
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by LGUs.
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Sec. 24. Devolved Powers. —The BASULTA Autonomous Region is a corporate
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entity with jurisdiction in all matters devolved to it by this Organic Act as herein
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enumerated in accordance with the provisions of the Constitution and other pertinent
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laws:
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(a) Administrative Organization:
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(1) Declaration of holidays;
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(2) Public administration and bureaucracy for the region; and
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(3) Identification, generation, and mobilization of international
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human resources for capacity-building and other activities
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involving the same within the region.
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(b) Creation of sources of revenues:


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(1) Authority to regulate power generation, transmission, and 
distribution operating exclusively in the autonomous region, in 
coordination with appropriate national government agencies; and
(2) Imposition of appropriate and reasonable taxes except those 
which are already taxed by the national government, and LGUs.
(c) Ancestral domain and natural resources:
(1) Protection of the ancestral domain and ancestral lands of 
indigenous cultural communities (ICCs) consistent with Republic 
Act No. 8371, otherwise known as the "Indigenous Peoples Rights 
Act (IPRA) of 1997".
(2) Declaration of nature reserves and aquatic parks, forests, 
watershed reservations, and other protected areas in the 
autonomous region.
(3) Authority, power, and right to the control and supervision over 
the exploration, utilization, development, and protection of the 
lands, forests, water, minerals, and other natural resources, 
within the autonomous region in accordance with the provisions 
of the Constitution, pertinent provisions of this Organic Act, and 
other pertinent laws.
(4) Regulation of small-scale mining.
(d) Urban and rural planning development:
(1) Adoption and implementation of a comprehensive land use 
program;
(2) Land management, land distribution, and agricultural land use 
reclassification; and
(3) Authority to conduct cadastral survey in coordination with the 
Department of Environment and Natural Resources (DENR): 
Provided, that sub-sections 4a, 4b and 4c shall be exercised in 
coordination with LGUs within the BAR, DENR, and other 
appropriate national government agencies.
(e) 
Economic, social, and tourism development:
(1) Establishment of transportation and communication facilities;


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(2) Promotion of tourism within the autonomous region; and
(3) Regulation of games and amusement operations within BAR.
(f) 
Educational policies in skills training, research, and scholarships;
(g) Preservation and development of the cultural heritage, the 
establishment of its own libraries and museums, and declaration of 
historical and cultural sites, in coordination with the National Commission 
for Culture and the Arts (NCAA);
(h) Agriculture, livestock, and food security;
(i) 
Creation, division, merger, abolition or alteration of boundaries of 
municipalities and barangays;
0) Creation of government-owned or controlled corporations and pioneer 
firms;
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Cultural exchange, and economic and technical cooperation;
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Culture and language;
(m) Customary laws;
(n) Development programs and laws for women, labor, the youth, the 
elderly, the differently-abled, and indigenous peoples;
(o) Disaster risk reduction and management;
(p) Ecological solid waste management and pollution control;
(q) Economic zones, industrial centers, and free ports;
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Eminent domain;
(s) 
Environment, parks, forest management, wildlife, and nature reserves 
conservation;
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Fishery, marine, and aquatic resources;
(u) Grants and donations;
(v) 
Health;
(w) Housing and human settlements;
(x) Humanitarian service and institutions;
(y) Inland waterways for navigation;
(z) 
Labor, employment, and occupation;
(aa) Libraries and museums, and historical, cultural and archaeological sites; 
(bb) Loans, credits and other forms of indebtedness;


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(cc) Mechanisms for consultations for women and marginalized sectors;
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(dd) Power sector investments;
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(ee) Public works and infrastructure;
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(ff) Science and technology, research councils and scholarship programs;
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(gg) Social services, social welfare, and charities;
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(hh) Sports and recreation;
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(ii) Technical cooperation for human resources development;
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(jj) Tourism development;
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(kk) Trade and Industry;
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(II) Urban and rural planing development;
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Urban land reform and land use;
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(nn) Water supply and services, flood control, and irrigation systems; and
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(oo) Such other matters for the promotion of the general welfare of its
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inhabitants. The Regional Government, in the exercise of its devolved
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powers as herein defined, shall coordinate with the appropriate national
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government agencies.
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B. Intergovernmental Relations
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Sec. 25. General Supervision. — Consistent with the principle of local autonomy,
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the President shall exercise general supervision over the Regional Government to
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ensure that laws are faithfully executed.
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Sec. 26. Regional Line Agencies. —Regional line agencies shall continue to exist
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without diminution of their mandated authority. Regional line agency officials and
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employees shall continue to be paid by the national government. There shall be no
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diminution of compensation and other benefits due to the officials and employees of
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line agencies. Existing assets and properties of the regional line agencies and offices
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shall remain under their custody and accountability.
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Sec. 27. Tenure of Civil Service Employes. — Except for just cause and after
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due process, officials and employees of the regional line agencies and offices in the
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region shall not be laid off, dismissed, or removed as a result of any reorganization
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attendant to the establishment of the BAR.


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Sec. 28. Priority in Recruitment, Seiection, and Piacement — Officials and
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employees of the Regional Government and the regional line agencies in the
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autonomous region shall be hired in accordance with appropriate civil service rules
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and regulations, but priority shall be accorded to qualified inhabitants of the BAR.
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Sec. 29. Appointment of BAR empioyees. —The regional governor shall fill up
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second-level positions in the Regional Government from among at least three (3)
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recommendees of the Regional Human Resource Merit Promotion and Selection board
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that shall be duly constituted.
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Sec. 30. Management of ODA Funds. —The autonomous region may avail of
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Official Development Assistance (ODA) and other foreign financial grants or donations
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and shall undertake these projects through the regional line agencies, government-
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owned and controlled corporations (GOCCs), state colleges and universities, LGUS or
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whichever is deemed appropriate, subject to review and approval of the national
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government in accordance with Republic Act No. 8182, otherwise known as the Official
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Development Assistance Act of 1996 and the prior clearance and approval by the
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President of the Republic of the Philippines.
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Sec. 31. Government-Owned and Controiied Corporations. — Government-
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owned and Controlled Corporations (GOCCs) such as the Government Service
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Insurance System (GSIS), the Social Security System (SSS), the Pagtutuiungan-ikaw,
20 
Bangko Industriya't Gobyerno(PAG-IBIG), PhilHealth and other GOCCs shall continue
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to be governed by their respective charters and other pertinent laws.
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Sec. 32. Autonomy ofLocai Government Units. — All LGUs within the BAR shall
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continue to be independent of each other, shall have the same set of local officials
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and employees, shall enjoy autonomy and continue to exercise the powers granted
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them under the Local Government Code of 1991, as amended, and other existing laws.
26 
The Local Government Code of 1991 shall apply to all provinces, cities, municipalities,
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and barangays in the BAR until the Regional Assembly shall enact a regional Local
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Government Code. Nothing herein provided shall be construed in any manner as to
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diminish the powers and functions as well as benefits and privileges already being
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enjoyed by the LGUs.
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Sec. 33. Supervision ofLocai Government Units through the Regionai Governor.
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— Consistent with the basic policy on local autonomy, the President, through the


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Regional Governor, shall exercise supervision over LGUs in the BAR to ensure that
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their acts are within the scope of their prescribed powers and functions.
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Sec. 34. Revenues and Taxes Accruing to Local Government Units. —Revenues,
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taxes, fees, and charges generated by the LGUs and the Regional Government from
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their respective local tax ordinances shall exclusively accrue to them.
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Sec. 35. Just Share in National Taxes. —The LGUs in the BAR including the
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Regional Government, shall have a just share in the national taxes and applicable
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revenues which shall be automatically released to them.
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Sec. 36. Equitable Share in the Utilization of Resources. —The LGUs in the
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BAR, including the Regional Government, shall be entitled to an equitable share in the
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proceeds of the utilization and development of the national wealth within their
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respective areas, in the manner provided for by law and this Organic Act.
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Sec. 37. City Charters. — All cities within the BAR shall be governed primarily
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by their charters.
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Sec. 38. Creation of Special Political Subdivisions. — Special metropolitan
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political subdivisions may, by law, be created by the Regional Assembly, subject to a
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plebiscite. The component cities and municipalities shall retain their basic autonomy
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and shall be entitled to their own local chief executive and legislative bodies consistent
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with the Local Government Code of 1991, as amended, and the Constitution. The
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jurisdiction of the metropolitan authority that will thereby be created shall be limited
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to basic services requiring coordination.
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Sec. 39. Right of Local Government Units to Cooperate and Consolidate
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Resources for Common Goals and Programs. — LGUs in the autonomous region may
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group themselves, consolidate or coordinate their efforts, services, and resources for
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purposes commonly beneficial to them in accordance with law.
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ARTICLE V
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ELECTIVE OFFICIALS OF THE AUTONOMOUS REGIONAL GOVERNMENT;
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QUALIFICATIONS, TERMS OF OFFICE, VACANCIES AND SUCCESSION,
4 
AND ACCOUNTABILITY
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Sec. 40. Elective Officials. — The elective officials of the BAR are the (a)
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Regional Governor, (b) Regional Vice-Governor, and (c) Members of the Regional
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Assembly.
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Sec. 41. Qualifications. — (a) Candidates for Regional Governor and Vice-
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Governor positions must be citizens of the Philippines and inhabitants of the BAR, who
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are at least twenty-five (25) years of age on election day, are registered voters in the
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BAR and are residents thereof for a period of at least one (1) year immediately
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preceding the day of the election, and are able to read and write Filipino or English;
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(b) Candidates for the position of Member of the Regional Assembly must be
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citizens of the Philippines and inhabitants of the BAR who are at least twenty-five (25)
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years of age on election day, are registered voters in the provincial district or city, are
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resident thereof for a period of at least one (1) year immediately preceding the day
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of the election, and are able to read and write Filipino or English or any other local
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language in the region.
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Sec. 42. Disqualifications. — In addition to the disqualifications provided for
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under Section 40 of the Local Government Code of 1991, as amended, candidates for
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Regional Governor, Vice-Governor and members of the Regional Assembly must not
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be related to incumbent elected regional officials within the fourth degree of
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consanguinity or affinity.
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Sec. 43. Manner of Election. —The Regional Governor and Vice-Governor, who
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shall belong to the same political party, shall be elected at large by direct vote of the
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registered voters of the BAR. A vote for the Regional Governor shall be counted as a
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vote for the Regional Vice-Governor.
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(a) Each province and city shall elect their own representatives to the
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Regional Assembly according to the following seats allocated to them;
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(1) Highly urbanized city - four (4) seats;
11


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(2) Province - four (4) seats to be allocated two (2) per provincial
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district;
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(3) Component city - One (1) seat, Provided, That any component
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city created after the effectivity of this Organic Act shall be
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entitled to representation to the Regional Assembly as may be
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provided for by law.
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(b) Unless otherwise provided for by law, the regular elections of the
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Regional Governor, Vice Governor, and members of the Regional
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Assembly shall be held simultaneously with the national and local
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elections on the second Monday of May, and every three (3) years
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thereafter.
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Sec. 44. Term of Office, —(a) The term of office of all elective regional officials
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elected after the effectivity of this Organic Act shall be three (3) years which shall
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begin at noon on the thirtieth day of June following the day of election and shall end
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at noon of the same date three (3) years thereafter. No Regional Governor, Vice-
16 
Governor, or Member of the Regional Assembly shall serve for more than three (3)
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consecutive terms.
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(b) Voluntary renunciation of, or removal from office for any length of time shall
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not be considered as an interruption in the continuity of the service for the full term
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for which officials were elected.
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Sec. 45. Oath of Office. —The Regional Governor, Vice-Governor and Members
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of the Regional Assembly on assuming office shall take the following oath or
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affirmation:
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"/ do solemnly swear (or affirm) that I will faithfully and
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conscientiously fulfill my duties as Governor/ Vice-Governor/
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Member of the Regional Assembly of the BASUL TA autonomous
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region, preserve and defend the Constitution of the Republic of
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the Philippines and the organic act of the autonomous region of
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BASULTA, execute these laws, do justice to all and consecrate
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myself to the service of the nation and the BASUL TA autonomous
31 
region. So help me God."
12


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Sec. 46. Prohibitions, —(a) The Regional Governor and Vice-Governor shall not,
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during their tenure, engage in the practice of any profession or hold any other office
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or employment, except as otherwise provided for in this Act.
4 
(b) The spouse and other reiatives by consanguinity or affinity within the
5 
fourth civii degree of the Regional Governor and the Regional Vice-
6 
Governor shall not, during their tenure, be appointed officers or
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employees of the Regional Government, except as members of their
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confidential staff.
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(c) No member of the Regional Assembly may hold any other office or
10 
employment in the government or any subdivision, agency, or
11 
instrumentality thereof, including GOCCS or their subsidiaries, during
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their term without forfeiting their seat. Neither shall any member of the
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regional assembly be appointed to any office which has been created or
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the emoluments whereof increased by the Regional Assembly during the
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term for which such member was elected.
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(d) The Regional Governor, Regional Vice-Governor, and Members of the
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Regional Assembly shall not personally appear as counsel before any
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court of justice or before the Electoral Commission or quasi-judicial and
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other administrative bodies.
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(e) The Regional Governor, Regional Vice-Governor, and Members of the
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Regional Assembly shall not participate directly or indirectly in any
22 
contract with or in any franchise or special privilege granted by the
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Regional Government or any subdivision, agency or instrumentality
24 
thereof, including GOCCS or in any of their subsidiaries. They shall not
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intervene in any matter before any office of the BAR for their pecuniary
26 
benefit or where they may be called upon to act on account of their
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office.
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Sec. 47. Vacancies and Succession. — (a) In the event that the position of the
29 
Regional Governor becomes permanently vacant, the Regional Vice-Governor shall
30 
automatically succeed the Regional Governor.
31 
(b) If the position of the Regional Vice-Governor becomes permanently vacant,
32 
the member of the assembly belonging to the same political party.
13


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garnering the highest percentage of votes in the district represented shall
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become the vice-governor or in case of permanent disability, the second
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highest shall assume said position.
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(c) In case of a permanent vacancy in the assembly where automatic
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succession does not apply, the Regional Governor shall appoint to the
6 
position so vacated the nominee of the political party to which the member
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who caused the vacancy belonged at the time of such members' election.
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If the one causing the vacancy does not belong to any political party, the
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Regional Governor shall appoint the nominee of the majority of the
10 
members of the assembly. Provided: That the appointee has all the
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qualifications and none of the disqualifications as provided by this Organic
12 
Act: Provided further. That in both cases the appointee comes from the
13 
same district.
14 
(d) For purposes of this Article, a permanent vacancy arises when the
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incumbent elective official concerned dies, voluntarily resigns, is removed
16 
from office, fills up a higher vacant office, refuses to assume office, fails to
17 
qualify, or is otherwise permanently incapacitated to exercise the powers
18 
and discharge the functions of the office.
19 
Sec. 48. Temporary Vacancies. — (a) When the Regional Governor is
20 
temporarily incapacitated to perform the official duties for physical or legal reasons
21 
such as leave of absence, travel abroad, and suspension from office, the regional Vice
22 
Governor shall automatically exercise the powers and perform the duties and functions
23 
of the former except the power to appoint, suspend or dismiss employees which can
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only be exercised if the period of temporary incapacity exceeds thirty (30) working
25 
days.
26 
(b) The vacancy due to temporary incapacity shall be terminated upon the
27 
submission to the Regional Assembly of a written declaration of the
28 
Regional Governor's return to carry out the duties of the office. In cases
29 
where the temporary incapacity is due to legal causes, the regional
30 
official concerned shall also submit necessary documents showing that
31 
said legal causes no longer exist.
14


1 
(c) When the incumbent Regional Governor is traveling within the country
2 
but outside the territorial jurisdiction of the BAR for a period not
3 
exceeding three (3) consecutive days, the Regional Governor may
4 
designate in writing, the officer-in-charge of the said office. Such
5 
authorization shall specify the powers and functions that the regional
6 
official concerned shall exercise except the power to appoint, suspend
7 
or dismiss employees.
8 
(d) In the event, however, that the Regional Governor concerned fails or
9 
refuses to issue such authorization, the Regional Vice-Governor shall
10 
have the right to assume the powers, duties, and functions of the said
11 
office on the fourth day of the absence of the Regional Governor, subject
12 
to the limitations provided for in subsection c, hereof.
13 
(e) Except as provided above, the Regional Governor shall in no case
14 
authorize any regional official to assume the powers, duties, and
15 
functions of the office, other than the Regional Vice-Governor or the
16 
highest-ranking Member of the Regional Assembly, as the case may be.
17 
Sec. 49. Approval of Leaves of Absence. — Leave of absence of elective officials
18 
of the BAR shall be approved as follows:
19 
(a) Applications for leave of absence of regional officials, provincial governor,
20 
or mayor of a highly urbanized city or an independent component city
21 
shall be approved by the Regional Governor or a duly authorized
22 
representative;
23 
(b) Applications for leave of absence of other officials and employees other
24 
than those enumerated above shall be approved by the authority
25 
designated under the Local Government Code of 1991, as amended; and
26 
(c) Applications for leave of the Regional Governor shall be approved by the
27 
President.
28 
Sec. 50. Compensation. — (a) Unless otherwise provided for by law, the
29 
Regional Governor and Regional Vice-Governor shall receive an annual salary
30 
equivalent to that of a Department Undersecretary and Assistant Secretary,
31 
respectively, of the national government, which shall not be decreased during their
32 
tenure. No increase in the salary of the Regional Governor and Regional Vice-Governor
15


1 
shall take effect until after the expiration of the term of the Regional Governor and
2 
Regional Vice-Governor approving the same.
3 
(b) Unless otherwise provided for by law, the Regional Speaker shall receive
4 
an annual salary equivalent to that of the Regional Governor and
5 
Members of the Regional Assembly shall receive an annual salary
6 
equivalent to the salary of the Regional Vice-Governor. No increase in
7 
salary provided for by law shall take effect until after the expiration of
8 
the term of office of all members of the Regional Assembly approving
9 
the same.
10 
(c) All regional elective officials shall not receive, during their tenure, any
11 
other emoluments from the government.
12 
Sec. 51. Accountability, —(a) Disclosure. All regional officials shall, upon their
13 
assumption of office, make full disclosure of their financial and business interests,
14 
including those of their spouses and unmarried children under eighteen (18) years of
15 
age who are living in their households. Any member who has a potential conflict of
16 
interest that may arise from the measures filed shall notify the Regional Assembly.
17 
This section shall be governed by Republic Act No. 6713, otherwise known as the Code
18 
of Conduct and Ethical Standards for Public Officials and Employees.
19 
(b) Governing law. Discipline of Regional Elective Officials shall be governed
20 
by Chapter 4, Title Two of Book I of the Local Government Code of 1991,
21 
as amended, and other applicable laws. Discipline of Members of the
22 
Regional Assembly shall be governed by their internal rules.
23 
(c) Recall. Regional elective officials may be subject to recall proceedings as
24 
provided for under Chapter 5, Title Two of Book I of the Local
25 
Government Code of 1991, as amended, and other applicable laws.
26
27 
ARTICLE VI
28 
THE REGIONAL EXECUTIVE DEPARTMENT
29
30 
Sec. 52. Executive Authority. — The executive power in the region shall be
31 
vested in the Regional Governor who shall exercise such powers and perform such
32 
duties and functions as provided for by this Organic Act and other laws.
16


1 
Sec. 53. Scope of Executive Authority. — As chief executive of the Regional
2 
Government, the Regional Governor shall exercise control and supervision over all
3 
programs, projects, services, and activities of the Regional Government and
4 
supervision over regional line agencies and LGUs within the BAR, subject to existing
5 
laws.
6 
Sec. 54. State of the Region Address. —The Regional Governor shall deliver
7 
the State of the Region Address to the Regional Assembly at the opening of its regular
8 
sessions.
9 
Sec. 55. Submission of Regional Budget —The Regional Governor shall submit
10 
the proposed budget to the Regional Assembly within thirty (30) days from the
11 
opening of every regular session, as the basis of the regional appropriations bill,
12 
budget of expenditures and sources of financing, including receipts from existing and
13 
proposed revenue measures.
14 
Sec. 56. Administrative Support. —The Regional Governor and the different
15 
regional departments shall have sufficient administrative and support staff to
16 
efficiently and effectively carry out their mandates and the purposes of the Regional
17 
Government.
18 
Sec. 57. Mandatory Staff. —The Regional Government shall have the following
19 
mandatory staff: (1) Regional Executive Secretary, (2) Regional Accountant, (3)
20 
Regional Budget Officer, (4) Regional Administrator, (5) Regional Legal Officer, (6)
21 
Regional Treasurer, and (7) Regional General Services Officer. In addition thereto, the
22 
Regional Governor may, subject to the approval of the Regional Assembly and
23 
availability of funds, create other offices deemed necessary.
24 
The Regional Executive Secretary and the heads of the various regional offices
25 
and employees under the executive department shall be appointed by the Regional
26 
Governor. The appointment of the heads of regional offices requires the concurrence
27 
of the majority of the members of the Regional Assembly and compliance with civil
28 
service law, rules, and regulations, and this Organic Act. The Regional Assembly shall
29 
act on the said appointment within fifteen (15) days from the date of submission
30 
otherwise the same shall be deemed confirmed.
31 
The rank and salary grade level of the heads of the different regional
32 
departments shall be equivalent to the regional directors of line agencies. They shall
17


1 
receive compensation, allowances, and other emoluments and benefits allowed by law
2 
or ordinance. With the exception of the Regional Executive Secretary, the positions of
3 
the different department heads of the Regional Government shall be mandatory.
4 
The qualifications of regional appointive officials, their duties, and functions are as
5 
follows:
6 
(a) Regional Executive Secretary
7 
(1) The Regional Executive Secretary of the BAR must be a citizen of the
8 
Philippines and a resident of the BAR, of good moral character, a holder
9 
of a college degree preferably in law, administration or any other related
10 
course from a recognized college or university, and must have acquired
11 
supervisory or managerial experience for at least five (5) years.
12 
(2) The term of office of the Regional Executive Secretary shall be co-terminus
13 
with that of the appointing authority.
14 
(3) The Regional Executive Secretary, subject to the control and supervision
15 
of the Regional Governor, shall have the following functions:
16 
(i) Directly assist the Regional Governor in the management of the
17 
affairs pertaining to the BAR;
18 
(ii) Implement directives, orders and decisions of the Regional
19 
Governor;
20 
(iii) Exercise supervision and control over the various units in the
21 
Office of the Regional Governor including their internal
22 
administrative requirements;
23 
(iv) Exercise supervision, in behalf of the Regional Governor, over
24 
the various agencies under the Office of the Regional Governor;
25 
(v) Provide overall coordination in the operation of the Regional
26 
Executive Office;
27 
(vi) Determine and assign matters to the appropriate units in the
28 
Office of the Regional Governor;
29 
(vii) Act on matters referred to the Office of the Regional Governor
30 
by the various regional offices and agencies of the government;
31 
(viii) Provide consultative, research, fact-finding and advisory services
32 
to the Regional Governor;
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(ix) 
Assist the Regional Governor in the performance of functions 
pertaining to legislation;
(x) 
Assist the Regional Governor in the administration of special 
projects;
(xi) 
Take charge of matters pertaining to protocol and ceremonial 
functions in the Regional Government;
(xii) Provide secretarial and clerical services for the Regional Governor
and other bodies;
(xiii) Promulgate such rules and regulations necessary to carry out the 
objectives, policies and functions of the Office of the Regional 
Governor; and
(xiv) Perform such other functions as the Regional Governor may 
direct.
(b) Regional Accountant
(1) The Regional Accountant must be a citizen of the Philippines and a 
resident of the BAR, of good moral character, a certified public 
accountant, and must have acquired experience in treasury or 
accounting service for at least five (5) years.
(2) The Regional Accountant shall take charge of both the accounting and 
internal audit services of the BAR and shall:
(i) 
Install and maintain an internal audit system in the BAR
(ii) 
Prepare and submit financial statements to the Regional 
Governor and to the Regional Assembly;
(iii) 
Apprise the Regional Assembly and other government officials 
on the financial condition and operations of the BAR;
(iv) 
Certify to the availability of budgetary allotment to which 
expenditures and obligations may be properly charged;
(v) 
Review supporting documents before preparation of vouchers to 
determine completeness of requirements;
(vi) 
Prepare statements of cash advances, liquidation, salaries, 
allowances, reimbursements and remittances pertaining to the 
BAR;
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(vii) Prepare statements of journal vouchers and liquidation of the
2 
same and other adjustments related thereto;
3 
(viii) Post individual disbursements to the subsidiary ledger and index
4 
cards;
5 
(ix) Maintain individual ledgers for officials and employees of the
6 
Regional Government pertaining to payrolls and deductions;
7 
(x) Record and keep subsidiary ledgers containing the details of
8 
purchased furniture, fixtures, and equipment, and records of the
9 
disposal of the same;
10 
(xi) Account for all issued requests for obligations and maintain and
11 
keep all records and reports related thereto;
12 
(xii.) Prepare journals and the analysis of obligations and maintain and
13 
keep all records and reports related thereto; and
14 
(xiii.) Exercise such other powers and perform such other duties and
15 
functions as may be provided by law or ordinance.
16 
(c) Regional Budget Officer
17 
(1) The Regional Budget Officer must be a citizen of the Philippines and a
18 
resident of the BAR, of good moral character, and a holder of a college
19 
degree preferably in accounting, economics, public administration, or
20 
any related course from a recognized college or university, a Career
21 
Service Professional or a second level eligible, and must have acquired
22 
at least five years experience in government budgeting.
23 
(2) The Regional Budget Officer shall take charge of the budget office and
24 
shall:
25 
(i) Prepare forms, orders, and circulars embodying instructions on
26 
budgetary and appropriation matters for the signature of the
27 
Regional Governor;
28 
(ii) Review and consolidate the budget proposals of different
29 
departments and offices of the Regional Government;
30 
(iii) Assist the Regional Governor in the preparation of the budget
31 
and during budget hearings;
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1 
(iv) Study and evaluate budgetary implications of proposed
2 
legislation and submit comments and recommendations thereon;
3 
(v) Submit periodic budgetary reports to the Department of Budget
4 
and Management (DBM);
5 
(vi) Coordinate with the treasurer, accountant, and the planning
6 
officer for the purpose of budgeting;
7 
(vii) Assist the Regional Assembly in reviewing the approved budgets
8 
of the provincial and highly urbanized cities;
9 
(viii) Assist the Regional Development Planning Officer in Formulating
10 
the Regional Development Plan; and
11 
(ix) Exercise such other powers and perform such other duties and
12 
functions as may be prescribed by law or ordinance.
13 
(d) Regional Administrator
14 
(1) The Regional Administrator must be a citizen of the Philippines and an
15 
inhabitant of the BAR, of good moral character, holder of a college
16 
degree preferably in law, public administration, or any other related
17 
course from a recognized college or university and must have acquired
18 
at least five (5) years experience in management and administration
19 
woik.
20 
(2) The term of office of the Regional Administrator shall be co-terminus
21 
with that of the appointing authority.
22 
(3) Subject to the control and supervision of the Regional Governor, the
23 
Regional Administrator shall:
24 
(i) Develop plans and strategies and, upon approval thereof by the
25 
Regional Governor, implement the same particularly those which
26 
have to do with the management and administration-related
27 
programs and projects;
28 
(ii) Assist in the coordination of the work of all the officials of the
29 
autonomous region, under the supervision, direction, and control of
30 
the Regional Governor, and for this purpose, may convene the chiefs
31 
of offices and other officials of the Regional Government;
21


1 
(iii) Establish and maintain a sound personnel program for the Regional
2 
Government designed to promote career development and uphold
3 
the merit principle in the locai government service;
4 
(iv) Conduct a continuing organizational development of the BAR to
5 
institute effective administrative reforms;
6 
(v) Be in the frontiine of the delivery of administrative support services
7 
related to the situations during and in the aftermath of man-made
8 
and natural disasters and calamities;
9 
(vi) Recommend to the Regional Assembly and advise the Regional
10 
Governor, as the case may be, other matters relative to the
11 
management and administration of the Regional Government; and
12 
(vii) Exercise such other powers and perform such other duties and
13 
functions as may be prescribed by law or by ordinance.
14 
(e) Regional Legal Officer
15 
(1) The Regional Legal Officer must be a citizen of the Philippines and a
16 
resident of the BAR, of good moral character, a member of the Philippine
17 
Bar, and must have practiced the law profession for at least five (5)
18 
years.
19 
(2) The term of office of the Regional Legal Officer shall be co-terminus with
20 
that of the appointing authority.
21 
(3) The Regional Legal Officer shall be the chief iegal counsel of the Regional
22 
Government and shall take charge of the office of legal services. In
23 
addition the Regional Legal Officer shall:
24 
(i) Formulate measures for the consideration of the Regional Assembly
25 
and provide legal assistance and support to the Regional
26 
Governor;
27 
(ii) Develop plans and strategies and upon approval by the Regional
28 
Governor, implement the same, particularly those which have to
29 
do with programs and projects related to legal services which the
30 
Regional Governor is empowered to implement and which the
31 
Regional Assembly is empowered to provide under this Organic
32 
Act;
22


1 
(iii) Recommend measures and advise the Regional Governor on all
2 
other matters related to upholding the rule of law;
3 
(iv) Be in the frontline of protecting human rights and cause the
4 
prosecution of any violations thereof;
5 
(v) Exercise such other powers and perform such other duties and
6 
functions as may be prescribed by law or ordinance;
7 
(vi) In addition to the foregoing duties and functions, the Regional
8 
Legal Officer shall:
9 
a) Represent the Regional Government in all administrative case,
10 
civil actions, and special proceedings wherein the autonomous
11 
region or any official thereof in an official capacity, is a party;
12 
b) When required by the Regional Governor, draft and review
13 
ordinances, contracts, bonds, leases and other instruments,
14 
involving any interest of the BAR and provide comments and
15 
recommendations on any instrument already drawn;
16 
c) Render a written opinion on any question of law when directed
17 
by the Regional Governor;
18 
d) Investigate or cause to be investigated any official or employee
19 
of the Regional Government for disciplinary action and
20 
recommend the appropriate action to the Regional Governor;
21 
e) Investigate or cause to be investigated any person, firm or
22 
corporation holding any franchise or exercising any public
23 
privilege for failure to comply with any term or condition in the
24 
grant of such franchise or privilege by the Regional Government,
25 
and recommend the appropriate action to the Regional Governor;
26 
f) When directed by the Regional Governor, initiate and prosecute
27 
in the interest of the Regional Government any civil action on any
28 
bond, lease or other contract upon any breach or violation
29 
thereof; and
30 
g) Review and submit recommendations on ordinances approved
31 
and executive orders issued.
32 
(f) Regional Treasurer
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(1) The Regional Treasurer must be a citizen of the Philippines and a 
resident of the BAR, of good moral character, holder of a college degree 
preferably in commerce, public administration or law from a recognized 
college or university, a Career Service Professional or a second level 
eligible and must have acquired at least five (5) years experience in 
treasury or accounting service.
(2) The Regional Treasurer shall take charge of the Treasury Office, perform 
the duties provided for under Book II of the Local Government Code, as 
amended, and shall:
(i) Advise the Regional Governor and other Regional Government 
officials concerned regarding the disposition of government 
funds, and on such other matters relative to public finance;
Take custody of and exercise proper management of the funds of 
the BAR;
Take charge of the disbursement of all Regional Government 
funds and such other funds the custody of which may be 
entrusted by law or other competent authority;
Maintain and update the tax information system of the BAR; and 
Exercise such other powers and perform such other duties and 
functions as may be prescribed by law or ordinance.
(g) Regional General Services Officer
(1) The Regional General Services Officer must be a citizen of the Philippines 
and an inhabitant of the BAR, of good moral character, holder of a 
college degree preferably on public administration, business 
administration and management or any other related course from a 
recognized college or university, a Career Service Professional or a 
second level eligible, and must have acquired at least five (5) years 
experience in general services, including management of supply, 
property, solid waste disposal, and general sanitation;
(2) The Regional General Services Officer shall take charge of the Office on 
General Services and shall:
(ii)
(iii)
(iv)
(V)
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(i) 
Formulate measures for the consideration of the Regional 
Governor and provide technical assistance and support in carrying 
out measures to ensure the delivery of basic services and provision 
of adequate facilities pursuant to the Local Government Code, as 
amended, and this Organic Act which require general services 
expertise and technical support service;
(ii) 
Develop plans and strategies, and upon approval thereof by the 
Regional Governor implement the same, particularly those which 
have to do with the several services that are supportive of the 
welfare of the inhabitants which the Regional Governor is 
empowered to implement;
(iii) Be in the frontline of general services related activities, such as the
possible or imminent destruction or damage to records, supplies, 
properties, and structures and the orderly and sanitary clearing up 
of waste materials or debris, particularly during and in the 
aftermath of man-made and natural calamities and disaster;
(iv) 
Recommend and advise the Regional Governor on all matters 
relative to general service;
(v) 
In addition to the foregoing duties and functions, the General 
Services Officer shall:
a) Take custody of and be accountable for all properties, real 
or personal, owned by the Regional Government and those 
granted to it in the form of donation, reparation, 
assistance, and counterpart of joint projects;
b) With the approval of the Regional Governor, assign 
building or land space to regional officials, who by law, are 
entitled to such space. Recommend to the Regional 
Governor reasonable rental rates for Regional Government 
properties, whether real or personal, which will be leased 
to public or private entities;
25


1 
c) Recommend to the Regional Governor reasonable rental
2 
rates of private properties which may be leased for the
3 
official use of the Regional Government;
4 
d) Maintain and supervise janitorial and security services, and
5 
government public buildings and other real property,
6 
whether owned or leased by the Regional Government;
7 
e) Collate and disseminate information regarding prices,
8 
shipping and other costs of supplies, and other items
9 
commonly used by the Regional Government;
10 
f) Perform archival and record management services with
11 
respect to records of offices and departments of the
12 
Regional Government;
13 
g) Perform all other functions pertaining to supply and
14 
property management heretofore performed by the
15 
Regional Government Treasurer and enforce policies on
16 
records creation, maintenance, and disposal; and
17 
h) Exercise such other powers and perform such other duties
18 
and functions as may be prescribed by law or ordinance.
19 
Sec. 58. BAR Development Council. — There shall be created a BAR
20 
Development Council (BDC) which shall function as the main planning and advisory
21 
body of the Regional Government and set the direction of economic and social
22 
development of the BAR and through which regional development efforts shall be
23 
coordinated.
24 
Sec. 59. Composition of the BDC. —The BDC shall be composed of the Regional
25 
Governor as chairperson, a Private Sector Representative as co-chairperson, the
26 
Regional Director of the National Economic and Development Authority (NEDA) as
27 
vice-chairperson, and the following as members:
28 
(a) All the provincial governors, the city and capital town mayors in the BAR;
29 
(b) Two (2) members of the Regional Assembly to be appointed by its Speaker;
30 
(c) Private sector representatives of duly accredited private sector and non-
31 
govenment or people's organizations, provided that their composition shall
32 
not be more than one fourth of the total membership;
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(d) Regional heads of line agencies who are members of the NEDA Board; 
and
(e) The BDC may designate not more than ten (10) special non-voting members
from both the public and private sectors, upon concurrence of the majority 
of its regular members.
Sec. 60. Functions. —The functions of the BDC are as follows:
(a) Coordinate the preparation, implementation, monitoring and evaluation of 
short- and long-term Regional Development Plans and investment 
programs, regional physical framework plans, and special development 
plans, including the formulation of policy recommendations;
(b) Integrate into the Regional Development Plan the approved development 
plans of provinces and cities, regional line agencies, state universities and 
colleges, GOCCs within the region, and special development authorities in 
the autonomous region;
(c) Review, prioritize, and endorse to the Regional Government the annual and 
multi-year sectoral investment programs of the BAR for funding and 
implementation;
(d) Review and endorse to the national government the annual budgets of 
agency regional offices and special development authorities;
(e) Promote and direct the inflow and allocation of private investments in the 
BAR to support regional development objectives, policies, and strategies;
(f) 
Review and endorse national plans, programs and projects proposed for 
implementation in the autonomous region;
(g) As required by the Investment Coordinating Conunittee (ICC), review and 
endorse projects of national government agencies that have impact on the 
region and projects of LGUs in the BAR requiring national government 
exposure which may come in the form of guarantees, national government 
budget appropriations or subsidies, among others;
(h) Initiate and coordinate the development, funding and implementation of 
regional and special development projects such as those involving several 
agencies or LGUs;
27


1 
(i) Coordinate the monitoring and evaluation of development projects
2 
undertaken by government agencies, LCDs, state colleges and universities,
3 
GOCCs, and special development authorities in the BAR; and
4 
(j) Perform other related functions and activities as may be necessary to
5 
promote and sustain the socio-economic development of the BAR.
6 
Sec. 61. Technical Support to the BDC —The regional office of the NEDA shall
7 
serve as the secretariat and technical operations arm of the BDC.
8 
Sec. 62. Creation of Committees. —The BDC may create appropriate technical and
9 
sectoral committees to assist its work.
10 
Sec. 63. Existing Committees. — Existing regional coordinating committees that
11 
are created by various laws and currently attached to specific agencies, and ad-hoc
12 
program or project-based steering committees, such as the Development
13 
Administration Committee, Economic Development Committee, Social Development
14 
Committee, Infrastructure Development Committee, Watershed and Environmental
15 
Management Committee, Committee on Indigenous Peoples' Concerns, Regional Land
16 
Use Conunittee, Regional Gender and Development Committee, Regional Project
17 
Monitoring Committee, Regional Competitiveness Committee, Regional Development
18 
Budget Coordinating Committee, Regional Statistical Coordination Conunittee, and the
19 
BASULTA Geographic Information System Network, shall be placed under the umbrella
20 
of the CDC. Secretariat work of these inter-agency committees shall continue to be
21 
provided by their mother agency.
22
23 
ARTICLE VII
24 
THE REGIONAL VICE-GOVERNOR
25
26 
Sec. 64. Functions. — The Regional Vice-Governor shall assist the Regional
27 
Governor in the day-to-day operations of the Regional Government, and shall:
28 
(a) Assume the office of the Regional Governor for the unexpired term of
29 
the latter in the event of a permanent vacancy as provided for in this
30 
Organic Act;
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1 
(b) Exercise the powers and perform the duties and functions of the
2 
Regional Governor in cases of temporary vacancy as provided for in this
3 
Organic Act; and
4 
(c) Exercise the powers and perform the duties and fonctions as may be
5 
prescribed by law.
6 
The Regional Vice-Governor may be appointed to the position of head of
7 
regional office as may be created by the Regional Assembly, without the need of
8 
confirmation of the Regionai Assembiy and the Civil Service Commission.
9
10 
ARTICLE VIII
11 
THE REGIONAL ASSEMBLY
12
13 
Sec. 65. Legislative Authority. — The legislative power of the Regional
14 
Government in the BAR shall be vested in the Regional Assembly, except to the extent
15 
reserved by the Constitution and this Organic Act on initiative and referendum. Within
16 
its territorial jurisdiction and subject to the provisions of the Constitution and national
17 
laws, the Regional Assembly shall have legislative powers over those functions
18 
enumerated under Section 25 hereof. It. shali have the power of subpoena and
19 
contempt in the exercise of its legislative functions.
20 
Sec. 66. Speaker of the Regional Assembly. —There shall be a Speaker of the
21 
Regional Assembly, who shall be elected, from among the members of the Regional
22 
Assembly, on its first regular session. The Regionai Assembly shall promulgate its rules
23 
and regulations for the conduct of its proceedings.
24 
The Regional Speaker, as the political and administrative head of the Regionai
25 
Assembly, is responsible for the overall management of the proceedings, activities,
26 
resources, facilities, and employees of the Assembly. The Speaker shall:
27 
(a) Prepare the legislative agenda for every regular session, estabiish systems
28 
and procedures to ensure fuil deliberation and swift approval of measures
29 
included therein, and may, for the purpose, avail of the assistance of the
30 
Deputy Speakers, the Majority Leader, the chairpersons of the standing
31 
committees and other Members of the Regional Assembly;
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(b) 
Conduct regular monthly caucus of all Members of the Regional Assembly 
or groups thereof or as often as may be necessary to discuss priority 
measures and to facilitate dialogue, consensus, and action on issues and 
concerns affecting the Regional Government and the performance of its 
functions;
(c) 
Exercise general supervision over all committees and, in furtherance 
thereof, conduct regular monthly meetings with the chairpersons and 
vice-chairpersons of all standing and special committees to set legislative 
targets, review performance in the attainment of targets, ensure that the 
priority legislative measures of committees are attuned to the legislative 
agenda of the Regional Assembly, and resolve such other issues and 
concerns that affect the operations and performance of the committees;
(d) 
Establish, as far as practicable, an efficient information management 
system of the secretariat utilizing among others, modem digital 
technology, that can:
(1) 
Facilitate access to and dissemination of data and information 
needed in legislation inclusive of facilitating real-time translation 
of plenary proceedings in the major Philippine dialects and 
languages;
(2) 
Provide a simplified and comprehensive process of gathering, 
recording, storage, and retrieval of data and information relating 
to activities and proceedings of the Regional Assembly;
(3) 
Sustain a public information program that will provide accessible, 
timely, and accurate information relating to the Regional 
Assembly, its Members and officers, its committees and its 
legislative concerns inclusive of facilitating, as far as practicable, 
broadcast coverage of plenary and committee proceedings;
(e) 
Establish an efficient and effective system to monitor and evaluate the 
performance of legislative tasks and duties of the Regional Assembly, its 
Members, and its committees;
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(f) 
Designate a Member as a temporary presiding officer after informing the 
Deputy Speakers: Provided, That any such designation shall be effective 
for one session day only;
(g) Take appropriate measures as may be deemed advisable or as the 
Regional Assembly may direct, to preserve order and decorum in the 
session hall, the galleries, lobbies, chambers, offices, corridors, and 
premises of the Regionai Assembly;
(h) Sign ali acts, resolutions, memorials, writs, warrants and subpoenae that 
may be issued by or upon order of the Regionai Assembly;
(i) 
Perform administrative functions such as the following:
(1) Appoint the personnel of the Regional Assembly with authority to 
delegate this power;
(2) Suspend, dismiss or impose disciplinary measures on the personnel 
of the Regional Assembly in accordance with Civii Service ruies: 
Provided, That the suspension or dismissal of the Regional Secretary 
General and the Regional Sergeant-at-Arms shall take effect only 
upon the concurrence of the majority of all the Members of the 
Regional Assembly;
(3) Consolidate vacant positions the salaries and wages for which may be 
increased or reduced in the process, or creation of new positions in 
accordance with the Regional Appropriations Act: Provided, That the 
total amount involved shall not exceed the total amount appropriated 
for the salaries and wages of the personnel of the Regional Assembly;
(4) Implement merit-based policies and programs on human resource 
recruitment, selection and placement, learning and development, 
performance management and rewards and recognition to ensure 
that the Regional Assembly has a corps of competent professionals 
able to provide needed legislative support services; and
(5) Review, approve, and sign contracts entered into by the Regional 
Assembly, and to delegate this power when necessary.
0) Prepare the annual budget of the Regional Assembly;
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1 
(k) Prepare, in consultation with the appropriate committee of the Regional
2 
Assembly, the rules and regulations governing public access to personal
3 
data and related information, including statements of assets and liabilities,
4 
of Members of the Regional Assembly;
5 
(I) Develop through an appropriate entity of the Regional Assembly a system
6 
for drug testing of any Member, officer, or employee of the Regional
7 
Assembly, that shall be comparable in scope to the system for drug testing
8 
in the executive branch of the Regional Government: Provided, That the
9 
expenses incurred from the implementation of the system may be paid
10 
from applicable accounts of the Regional Assembly for official expenses;
11 
and
12 
(m) Require the submission of performance reports at the end of every regular
13 
session and fiscal year from the committee chairpersons, the Regional
14 
Secretary General and the Regional Sergeant-at-Arms, and such other
15 
reports as may be required from all concerned officers and offices of the
16 
Regional Assembly.
17 
The Regional Speaker shall be the permanent head of delegation and
18 
representative of the Regional Assembly in all local or international parliamentary
19 
gatherings and organizations: Provided, That Regional Speaker may designate any
20 
Member of the Regional Assembly to be the representative of the Regional Speaker
21 
and may also determine, upon the recommendation of the Majority Leader, in
22 
consultation with the Minority Leader, who shall constitute the Regional Assembly's
23 
delegation to any local or international conference or forum of parliamentarians and
24 
legislators, and the secretariat support staff to be authorized to assist the delegation.
25 
Sec. 67. Enactment of Laws and Resoiutions. —The Regional Assembly shall
26 
enact ordinances, approve resolutions, and appropriate funds for the general welfare
27 
of the BAR and its inhabitants as well as for the efficient and effective operation of
28 
the Regional Government.
29 
Sec. 68. Creation, Division, Merger, and Aboiition of Local Government Units.
30 
—The Regional Assembly may, by law, create, divide, merge, or abolish municipalities
31 
or barangays subject to the approval by a majority of the votes cast in a plebiscite in
32


1 
the political units directly affected. The municipalities or barangays created, divided,
2 
or merged shall be entitled to their appropriate share in the national taxes.
3 
Sec. 69. Administrative Support. — The Regional Assembly shall enact its
4 
administrative support.
5 
Sec. 70. Reguiar andSpeciaiSessions. —The Regional Assembly shall start its
6 
regular session on the first Monday of July, and by resolution fix the day, time, and
7 
place of its regular sessions, which shall be held at least once a week. However, the
8 
Regional Assembly may be called to a special session by the Regional Speaker or the
9 
Regional Governor whenever necessary and a notice of meeting shall be sent at least
10 
twenty-four (24) hours before the schedule of the special session. Unless otherwise
11 
concurred in by two-thirds (2/3) votes of the members, there being a quorum, no
12 
other matters may be considered at a special session except those stated in the notice.
13 
The Regional Assembly may invite the Regional Governor and other government
14 
officials.
15 
Sec. 71. Sessions and Quorum. —A majority of all the members of the Regional
16 
Assembly shall constitute a quorum to do business, but a smaller number may adjourn
17 
from day to day and may compel the attendance of absent members in such manner,
18 
and under such penalties as the Assembly may provide in its rules.
19 
On the first regular session following the election of its members, and within
20 
ninety (90) days thereafter, the Regional Assembly shall adopt or update its rules of
21 
proceedings which shall include, the organization of the Regional Assembly and the
22 
election of its officers, creation of standing committees, the time, place and manner
23 
of convening its regular and special sessions, the conduct and discipline of its
24 
members, the conduct and discipline of every person present during its session, the
25 
preparation and publication of its journal, the determination of quorum, and the
26 
necessary votes to pass any measure, and such other legislative and administrative
27 
matters for the effective performance of its mandate.
28 
Sec. 72. Law. — (a) Every bill shall embrace only one (1) subject which shall be
29 
expressed in the title thereof.
30 
(b) No bill shall become a law unless it has passed three (3) readings on
31 
separate days, and printed copies thereof in its final form have been
32 
distributed to the members three (3) days before its passage, except when
33


1 
the Regional Governor certifies to the necessity of its immediate
2 
enactment to meet a public calamity or emergency affecting the region,
3 
or the component provinces, cities, municipalities, or barangays.
4 
(c) On the third reading of a bill, no amendment thereto shall be allowed, and
5 
the vote thereon shall be taken immediately thereafter, and the "yeas"
6 
and "nays" entered in the Journal.
7 
(d) Every bill passed by the Regional Assembly shall, before it becomes a law,
8 
be presented to the Regional Governor. If the Regional Governor approves
9 
the same, the Regional Governor shall sign it, otherwise, the Regional
10 
Governor shall veto it and return the same to the Regional Assembly
11 
expressing in a written message the objections thereto. The Regional
12 
Governor shall communicate the veto on any bill to the Regional Assembly
13 
within ten (10) days from receipt thereof, otherwise, it shall become a law
14 
as if it was duly approved.
15 
(e) Upon receipt of the veto, the Regional Assembly shall enter the objections
16 
in its journal and proceed to reconsider it. If, after such reconsideration,
17 
two-thirds (2/3) of all the members of the Regional Assembly shall vote to
18 
pass the bill, it shall be deemed approved.
19 
(f) The Regional Governor shall have the power to veto any particular item
20 
or items in an appropriation or revenue, but the veto shall not affect the
21 
item or items to which the Regional Governor does not object.
22
23 
Sec. 73. People's Question Hour. — There shall be a People's Question Hour at
24 
least once a month or as often as the rules of the Regional Assembly may provide,
25 
which shall be included in the Order of Business, requiring of the Regional Governor
26 
or any member of the Regional Cabinet to appear and answer questions and
27 
interpellations by Members of the Assembly on any matter pertaining to their
28 
respective functions.
29 
The Regional Assembly or any of its committees may conduct inquiries in aid
30 
of legislation in accordance with its duly published rules of procedure. The rights and
31 
dignity of persons appearing in or affected by such inquiries shall be respected.
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1 
Sec. 74. Immunity from Suit — No Member shall be questioned or be held liable
2 
in any other place for any speech or debate in the Regional Assembly or in any
3 
committee thereof.
4 
Sec. 75. Appropriations Biii. —The Regional Assembly shall pass an appropriations
5 
bill for the ensuing year before the end of each year, based on the budget of
6 
expenditures and sources of funds submitted to it by the Regional Governor.
7
8 
(a) No provision or enactment shall be embraced in the regional
9 
appropriations bill, unless it relates specifically to some particular
10 
appropriations therein. Any such provision or enactment shall be limited
11 
in its operation to the appropriation to which it relates.
12 
(b) The procedure in approving appropriations for the Regional Assembly
13 
shall strictly follow the same procedure for approving appropriations for
14 
the regional executive department.
15 
(c) A special appropriations bill shall specify the purpose for which it is
16 
intended, and shall be supported by funds actually available as certified
17 
by the Regional Treasurer or to be raised by a corresponding revenue
18 
proposal therein.
19 
(d) No law shall be passed authorizing any transfer of appropriations.
20 
(e) The Regional Assembly may not increase the appropriations
21 
recommended by the Regional Governor for the operation of the Regional
22 
Government as specified in the budget. The form, content and manner
23 
of preparation of the budget shall be prescribed by regional law;
24 
Provided, however, That pending the enactment of such a regional law,
25 
the budgeting process of the Regional Government shall be governed by
26 
existing national laws and rules and regulations prescribed by the DBM.
27 
Sec. 76. Expenditure of PubiicFunds. —No money shall be paid out of the regional
28 
treasury except in pursuance of an appropriation made by regional law.
29 
(a) No money or property shall be appropriated, applied, paid or used, directly
30 
or indirectly, for the use, benefit or support, of any sect, church,
31 
denomination, sectarian institution, or system of religion or for the use,
32 
benefit or support of any priest, preacher, minister or other religious
35


1 
teacher or dignitary as such, except when such priest, preacher, minister
2 
or dignitary is assigned to the regional police or government orphanage
3 
and rehabilitation centers or similar institutions.
4 
(b) All money collected on any regional tax levied for a special purpose shall
5 
be treated as a special fund and paid out for such purpose only. If the
6 
purpose for which a special fund was created has been fulfilled or
7 
abandoned, the balance, if any, shall be transferred to the general fund
8 
of the Regional Government.
9 
Sec. 77. Certified True Copies of Law. —The Regional Assembly shall, within ten
10 
(10) working days from approval thereof, submit to the President and to both Houses
11 
of Congress a certified true copy of all laws and resolutions it passed.
12 
Sec. 78. Creation of Offices. —The Regional Assembly may create such other
13 
offices and positions as may be necessary to carry out the public purpose of the
14 
Regional Government subject to availability of funds.
15 
Sec. 79. Program forDeveiopment —Subject to national laws and sound public
16 
administration principles, and exercising the corporate powers of the Regional
17 
Government under the Constitution and the Local Government Code, the Regional
18 
Assembly shall establish a program for generating development funds to accelerate
19 
social and economic development in the region. The Regional Government shall
20 
implement the same, after conducting public consultation.
21 
Sec. 80. Approvai of Plans. —The Regional Assembly shall approve by ordinance
22 
the recommended regional physical framework plan, the regional development plan,
23 
the regional development investment program, the regional annual investment plan,
24 
and regional annual budget within the prescribed timetable in consonance with the
25 
timeline of the national government.
26 
Sec. 81. Enactment of Necessary Legislation. —When the need arises, the Regional
27 
Assembly shall enact laws and necessary legislative measures that shall strengthen
28 
and supplement the implementation of national laws, devolved functions, and address
29 
conflicting laws.
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1 
ARTICLE IX
2 
PATRIMONY, ECONOMY AND DEVELOPMENT
3
4 
Sec. 82. Coordination and Cooperation. — The Regional Government, with the
5 
support of the national government, shall, pursuant to regional autonomy and poverty
6 
alleviation, initiate, stimulate, facilitate, support, and coordinate development in the
7 
region towards attaining equitable distribution of opportunities, income, and wealth;
8 
a sustained increase in the amount of goods and services available to inhabitants of
9 
the BAR and an expanding productivity and income as the key to raising the quality of
10 
life for all:
11 
(a) The national government shall provide financial support and assistance to
12 
the BAR on top of the National Tax Allotment (NTA) provided for it and its
13 
component LGUs as well as the allocations provided to the Regional Line
14 
Agencies by appropriating such sums as may be necessary to accelerate the
15 
development of the autonomous region.
16 
(b) The national government shall consult and coordinate with the autonomous
17 
Regional Government before programs and projects are undertaken in the
18 
BAR.
19 
Sec. 83. BAR DevelopmentPian. —The Regional Government, through the BDC,
20 
shall formulate its development plans taking into consideration the unique needs and
21 
aspirations of the BAR, consistent with the national development goals. The
22 
Development Plan shall include the promotion of growth and full employment, human
23 
development, and address social and economic inequities that have resulted from
24 
decades of neglect, historical injustice, poverty, and inequality.
25 
Sec. 84. Control and Supervision over Natural Resources. — The Regional
26 
Government shall have control and supervision over natural resources in accordance
27 
with the Constitution, this Organic Act, and other pertinent laws.
28 
Sec. 85. Preferential Rights of the Inhabitants of the BAR Over the Utilization and
29 
Development of Its Natural Resources. —The exploration, development, utilization,
30 
and enjoyment of natural resources shall be allowed to citizens of the Philippines and
31 
to private enterprises, including corporations, cooperatives, and similar collective
32 
organizations with at least sixty percent (60%) of their capital investment or capital
37


1 
stocks directly controlled or owned by Filipinos: Provided, That priority shall be given
2 
to inhabitants of the BAR in the implementation of programs, projects, and activities
3 
related to these natural resources in the region and shall comply with the provisions
4 
of the Constitution, this Organic Act, and other pertinent laws.
5 
Sec. 86. Comprehensive Framework for Sustainable Development —The Regional
6 
Government shall develop a comprehensive framework for sustainable development
7 
through the proper conservation, utilization, and development of natural resources.
8 
Such framework shall guide the Regional Government in adopting programs, policies,
9 
and mechanisms that focus on the protection of the environment, and reduction of
10 
vulnerability from climate change.
11 
Sec. 87. Transportation and Communications System. —The Regional Government
12 
shall, in coordination with the national government, establish a transportation and
13 
communications system interconnecting the various areas of the BAR with each other
14 
and to other regions adjacent to the BAR. Likewise, the Regional Government in close
15 
coordination with LGUs shall plan, construct, modernize and maintain rural and urban
16 
infrastructure facilities and utilities, including alternative transport systems within
17 
critical environments.
18 
Sec. 88. Agrarian Reform. — Subject to ecological considerations, the Regional
19 
Government shall adopt and implement a comprehensive rural agrarian reform
20 
program, as well as an urban development program consistent with the provision of
21 
the Constitution and national laws and policies to ensure the just and sustainable
22 
utilization of land within its jurisdiction.
23 
Sec. 89. Environmental Protection. — The Regional Government shall develop
24 
standards pertaining to the protection, conservation, and enhancement of the
25 
environment and natural resources, appropriate to the social and cultural
26 
environmental uniqueness of the BAR.
27 
Sec. 90. Transfer of Existing Nature Reserves and Protected Areas. — The
28 
management and protection of nature reserves and aquatic parks, forests, watershed
29 
reservations, and other protected areas in the Autonomous Region that have already
30 
been defined by and under the authority of the national government shall be
31 
transferred to the Regional Government.
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30
Sec. 91. Renewable and other Energy Resources and Extractive Industries. — 
Policies on renewable and other energy resources and extractive industries shall be 
drawn up by the Regional Assembly in accordance with its Comprehensive Sustainable 
Development Plan including medium-term and long-term Regional Development Plan.
Sec. 92. Financial and Technical Assistance Agreements. —The Regional Governor 
shall initiate and recommend to the President the applications for financial and 
technical assistance agreements covering mineral resources within the region
Sec. 93. Participation in National Development Planning. — To ensure that the 
Regional Development Plans are reflected in the national development plans, the 
Regional Government shall participate in national development planning. The Regional 
Governor shall be a member of the NEDA Board.
ARTICLE X 
FISCAL AUTONOMY
Sec. 94. Fiscal Autonomy. - The Regional Government shall enjoy fiscal autonomy 
with the end in view of attaining economic self-sufficiency and genuine development. 
The Regional Government is entitled to all funds sources enumerated herein, and shall 
have the power to create its sources of revenues as provided in this Organic Law, 
which shall be spent in a programmatic, transparent, performance-based, and phased 
manner. It shall prepare its budget and allocate funds in accordance with an annual 
appropriations law passed.
Sec. 95. Auditing. - Pursuant to the Constitution, the Commission on Audit shall be 
the exclusive auditor of the Regional Government and its constituents local 
government units. The Regional Government shall established an auditing body which 
shall have internal auditing responsibility in accordance with Republic Act No. 3456, 
otherwise known as the " Internal Auditing Act of 1992," as amended. The Regional 
Government shall implement transparency and accountability mechanism consistent 
with open government practices and generally accepted financial management 
principles.
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1 
Sec. 96. Local Government Finance. - There is hereby created a BASULTA Regional
2 
Office of the Bureau of Local Government Finance under the Department of Finance
3 
which shall have the authority to coordinate, assist, and monitor the treasury and
4 
assessments operations of constituent local government units within the BASULTA
5 
Region in pursuance of good governance and local autonomy. The regional office shall
6 
be guided by the standards set by the Department of Finance-Bureau of Local
7 
Government Finance including the requirements set for the appointment of local
8 
treasurers.
9 
Sec. 97. BASULTA Treasury Office. - There is hereby created a BASULTA Treasury
10 
Office whose primary function is to receive and safeguard all the revenues generated
11 
and collected by the BASULTA Government. The Office shall be headed by a Regional
12 
Treasury who shall be appointed by the Regional Governor and whose term shall be
13 
determined by a law to be passed by the Regional Assembly.
14 
Sec. 98. National Government Assistance. - The National Government shall extend
15 
assistance to the BASULTA Government on tax administration and fiscal management,
16 
including capacity building and training programs, in accordance with the plans to be
17 
developed by the BASULTA Government in consultation with the National Government.
18 
Sources of Revenues
19 
Sec. 99. Sources of Revenues. - The BASULTA Government shall have the power
20 
to create its own sources of revenues and to levy taxes, fees, and charges, subject to
21 
the provisions of this Organic Law and consistent with the principles of equalization,
22 
equity, accountability, administrative simplicity harmonization and economic
23 
efficiency, and fiscal autonomy. Such taxes, fees, and charges shall accrue exclusively
24 
to the BASULTA Government.
25 
The sources of revenues of the BASULTA Government include, among others, the
26 
following:
27
28
(a) Taxes, in accordance with the provisions of this Organic Law;
(b) Fees and cahrges;
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4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
(c) Annual block grant from the National Government;
(d) Revenues or shares in revenues from the exploration, development, 
and utilization of natural resources derived from land or water areas or 
territories within the BASULTA territorial jurisdiction;
(e) Share in the National Government taxes, fees, and charges collected in 
the BASULTA territorial jurisdiction;
(f) Dividends from BASULTA government-owned or controlled corporations 
and other corporations, and share from the dividends of national 
government-owned or controlled corporations and their subsidiaries in the 
BASULTA Autonomous Region as may be determined by the 
Intergovernmental Fiscal Policy Board;
(g) Grants from economic agreements or conventions entered into by the 
BASULTA Government to which the National Government is a party;
(h) Grants, endowments, donations, foreign assitance and other forms of 
aid;
(i) Loans and official development assistance;
0) Shares and revenues generated for the operations of public utilities 
within the BASULTA territorial jurisdiction;
(k) Appropriations and other budgetary allocations from the National 
Government; and
(l) Tax of not more than ten percent (10%) of fair market value in the 
locality per cubic meter of ordinary stones, sand, gravel, earth, and other 
quarry resources, as defined in the National Internal Revenue Code, as 
amended, exttracted from public lands or from the beds of seas, lakes, 
rivers, streams, creeks, and other public waters within its territorial 
jurisdiction, the proceeds of which shall be distributed as follows:
(1) Thirty percente (30%) to the BASULTA Government; and
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1 
(2) Seventy percent (70%) to the local government units where
2 
the sand gravel, and other quarry resources are extracted as
3 
follows:
4 
(i) Thirty percent (30%) to the province;
5 
(ii) Thirty percent to the component city or
6 
municipality; and
7 
(iii) Forty percent (40%) to the barangay.
8 
The constituent local government units in the BASULTA Region shall continue to
9 
exercise the taxing powers granted under Republic Act No. 7160, as amended.
10 
Sec. 100. Uniform and Equitable Taxation; prohibition Against Confiscatory Taxes,
11 
Fees and Charges. - The Regional Assembly shall exercise, subject to the provisions
12 
of the Constitution, the power to levy taxes, fees, and charges, which shall inure solely
13 
to the benefit of the BASULTA Region; Provided, That the principles of the uniformity
14 
and equity in taxation shall be observed: Provided, further. That such shall not be
15 
unjust, excessive, oppressive, confiscatory, or contrary to public policy: Provided,
16 
furthermore. That their collection shall not be delegated to any private person.
17 
The power to impose any tax under this Organic Law shall be exercised by the
18 
Regional Assembly, through an appropriate legislation, which shall not be enacted
19 
without any prior public hearing conducted for the purpose. The BASULTA government
20 
shall evolve a progressive, responsive, and culture sensitive system of taxation which
21 
shall, among other things, provide for incentives for the prompt payment of taxes and
22 
penalize tax evasion and deliquency.
23 
Nothing in this provision shall preclude any future legislation on national taxes nor
24 
allow both National Government and BASULTA Government to impose similar taxes
25 
on the same entity.
26 
Sec. 101. Tax Incentives. - The Regional Assembly may grant tax exemptions and
27 
incentives under this Organic Law upon a vote of majority of all its member: Provided,
28 
That these tax exemptions and incentives shall not diminish national revenues:
42


1 
Provided, further, That he grant of tax exemptions and incentives administer by the
2 
Regional Board of Investments of the Autonomous Region in Muslim Mindanao as
3 
provided for in Executive Order No. 458, Series of 1991, in relation to Executive Order
4 
No. 226, Series of 1987, otherwise known as the "Omnibus Investments Code, "shall
5 
continue to apply.
6 
Nothing in this Organic Law shall be construed to alter, diminish, or repeal the
7 
incentives already granted and administered by investment promotion agencies of the
8 
National Government to existing locators or registered business entities.
9 
Sec. 102. Limitations on the Taxing Powers; Exceptions. - Unless otherwise
10 
provided herein, the taxing power of the BASULTA Government shall not extend to
11 
the following:
12 
(a) Income tax, except when levied on banks and other financial
13 
institutions;
14 
(b) Customs duties, registration fees of vessels and wharfage on wharves,
15 
tonnage dues, and all other kinds of customs fes owners with the BASULTA
16 
Government and wharfage on wharves construed and maintained by the
17 
BASULTA Government or its constituent local government units;
18 
(c) Taxes, fees, or charges and other impositions upon goods carried into
19 
or out of, or passing through the territorial jurisdiction of the provinces,
20 
cities, municipalities, or barangays in the BASULTA Autonomous Region in
21 
the guise of charges for wharfage, tolls for bridges or otherwise, or other
22 
taxes, fees, or charges in any form whatsoever upon such goods or
23 
merchandise, except tolls on bridges or roads contructed and maintained
24 
by the BASULTA Government or its constituent provinces, cities,
25 
municipalities, or barangays concerned;
26 
(d) Taxes, fees, or charges on agricultural and aquatic products when sold
27 
by marginal farmers or fisherfolk;
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1 
(e) Taxes on business enterprises certified by the Board of Investments as
2 
pioneer or non-pioneer for a period of six (6) and four (4) years,
3 
respectiveiy, from the date of registration.;
4 
(f) Excise taxes on articles enumerated under the National Internal
5 
Revenue Code of 1997, as amended, and taxes, fees, or charges on
6 
petroleum products;
7 
(g) Percentage or value-added tax on sales, barters, or exchanges or
8 
similar transactions on goods or services except as otherwise provided by
9 
national law;
10 
(h) Taxes on the gross receipts of transportation contractors and person
11 
engaged in the transportation of passengers or freight by hire and common
12 
carriers by air, land or water except as provided in this Organic Law;
13 
(i) Taxes on premiums paid by way of reinsurance or retrocession;
14 
(j) Taxes, fees, or other charges on Philippine products actually exported,
15 
except as otherwise provided by law enacted by the Congress of the
16 
Philippines;
17 
(k) Taxes, fees, or charges on countryside and barangay business
18 
enterprises and cooperatives duly registered under Republic Act No. 6810,
19 
otherwise known as the "Magna Carta for Countryside and Barangay
20 
Business Enterprises, "and Republic Act No. 6938, otherwise known as the
21 
"Cooperative Code of the Phiiippines, "as amended; and
22 
(I) Taxes, fees, or charges of any kind on the National Government, its
23 
agencies and instrumentalities, and local government units except on
24 
government-owned or controlled corporations or entities that are primarily
25 
organized to do business.
26 
However, where all taxable elements are within the BASULTA territorial jurisdiction,
27 
the Regional Assembly may impose the following taxes to the exclusion of the Bureau
28 
of Internal Revenue of the National Government:
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1 
(1) Capital Gains Tax. - Tax imposed on the gains presumed to have been
2 
realized by the seller from the sale, exchange, or other disposition of real
3 
properties , classified as capital assets, including pacto de retro sales and
4 
other forms of conditional sale;
5 
(2) Documentary Stamp Tax. - Tax on documents, instruments, loan
6 
agreements, and papers evidencing the acceptance, assignment, sale, or
7 
transfer of the obligation, right or property incident thereto;
8 
(3) Donor's Tax - Tax on a donation or gift that is imposed on the
9 
gratuitous transfer of property between two (2) or more persons who are
10 
living at the time of the transfer. It shall apply whether the transfer is in
11 
trust or otherwise, whether the gift is direct or indirect, and whether the
12 
property is real or personal, tangible or intangible; and
13 
(4) Estate Tax. - Tax on the right of the deceased person to transmit to
14 
the lawfui heirs and beneficiaries of the deceased person at the time of
15 
death and on certain transfer, which are made by law as equivalent to
16 
testamentary disposition.
17 
In case the Regional Assembly does not impose the abovementioned taxes, the
18 
Bureau of Internal Revenue of the National Government shall continue to levy and
19 
collect said taxes; Provided, That if the BASULTA Government shall impose them, the
20 
tax rates shall be pursuant to the National Internal Revenue Code of 1997, as
21 
amended: Provided, further. That in no case shall the abovementioned taxes be
22 
imposed and collected by both the Bureau of Internal Revenue and the BASULTA
23 
Government.
24 
The intergovernmental Fiscal Policy Board shall promulgate rules on the
25 
determination of taxable elements in relation to taxes (1) to (4) above, and the sharing
26 
of revenues from the collection of such taxes where the taxable elements are both
27 
situated within and outside of the BASULTA territorial jurisdiction. Any dispute
28 
between the National Government and the BASULTA Government arising from the
45


1 
imposition of the above taxes shall be resolved by the Intergovernmental Fiscal Policy
2 
Board.
3 
Sec. 103. Sharing of Taxes Collected by the National Government - National
4 
Government taxes, fees, and charges collected in the BASULTA Autonomous Region,
5 
other than tariff and customs duties, shall be shared as follows:
6 
(a) Twenty-five percent (25%) to the National Government: Provided, That
7 
for the first ten (10) years following the effectivity of this Organic Law, this
8 
share shall accrue to the BASULTA Government: Provided, further. That
9 
after this first ten (lO)-year period, upon petition of the BASULTA
10 
Government, and the National Government may extend the period as it
11 
shall deem necessary; and
12 
(b) Seventy-five percent (75%) to the BASULTA Government, inclusive of
13 
the shares of the constituent local government units.
14 
The shares in taxes, fees, and charges provide under this section shall be separate
15 
and distinct from the annual block grant appropriated to the BASULTA Government.
16 
Sec. 104. Assessment and Collection of Taxes; BASULTA Revenue Office. - The
17 
Regional Assembly shall establish by law the BASULTA Revenue Office for the
18 
Assessment and collection of BASULTA taxes, as well as all other collectible taxes in
19 
the BASULTA Region.
20 
Until such time that the BASULTA Revenue Office is established, tax collection shall
21 
be undertaken by the Bureau of Internal Revenue. The share of the BASULTA
22 
Government shall be retained by the National Government collecting agencies and
23 
remitted to the BASULTA Government in lump sum without need of an appropriation
24 
law.
25 
Upon its establishment. The BASULTA Revenue Office shall start collecting such
26 
taxes regularly: Provided, That it shall report promptly all its collections to, and remit
27 
the share of, the National Government through a duly accredited government
46


1 
depository bank: Provided, further. That the National Government and the BASULTA
2 
Government shall share the cost of administering the tax collection as provided herein.
3 
Sec. 105. Payment of Taxes by Corporations, Partnerships or Finns. - Corporations,
4 
partnerships, or firms directly engaged in business in the BASULTA Region shall pay
5 
their corresponding taxes, fees and charges in the province or city where the
6 
corporation, partnership, or firms is doing the business.
7 
Corporations, partnerships, or firms whose central, main or head offices are
8 
located outside the BASULTA Region but are doing business within its territorial
9 
jurisdiction, shall pay the income taxes for income derived from their business
10 
operations in the BASULTA Region to the city or municipality where their branch office
11 
or business operations or activities are located. The Bureau of Internal Revenue and
12 
the BASULTA Revenue Office shall agree on modalities for the filing of income tax
13 
returns through the Intergovernmental Fiscal Policy Board.
14 
The Intergovernmental Fiscal Policy Board shall promulgate rules to implement this
15 
provision, including the determination of covered entities and allocation of income for
16 
covered entities and the allocation of income for covered entities.
17 
Sec. 106. Share of the Constituent Locai Government Units in Taxes Within die
18 
BASULTA Autonomous Region. - The Regional Assembly shall enact a law detailing the
19 
shares of constituent local government units in the seventy-five percent (75%) share
20 
of the BASULTA Government in the national taxes, fees, and charges collected in the
21 
BASULTA territorial jurisdiction.
22 
Sec. 107. BASULTA Tax and Revenue Code. - The Regional Assembly shall enact
23 
a BASULTA tax revenue code, which shall cover taxing powers of the BASULTA
24 
Government, in accordance with the Constitution and this Organic law.
25 
Block Grant
26 
Sec. 108. Annual Block Grant - The National Government shall provide an annual
27 
block grant which shall be the share of the BASULTA Government in the national
28 
internal revenue tax collections of the Bureau of Internal Revenue and collections of
47


1 
the Bureau of Customs. The amount shall be sufficient for the exercise of the powers
2 
and functions of the BASULTA Government under this Organic Law and in no case
3 
shall be less than the last budget received by the Bangsamoro Autonomous Region of
4 
Muslim Mindanao immediately before the establishment of the BASULTA Region.
5 
Sec. 109. Block Grant Amount - For the budget year immediately following the
6 
year of the effectivity of this Organic Law, the amount of the block grant shall be
7 
equivalent to five percent (5%) of the net national internal revenue tax collection of
8 
the Bureau of Internal Revenue and the net collection of the Bureau of Customs from
9 
the third fiscal year immediately preceding the current fiscal year immediately
10 
preceding the current fiscal year.
11 
For purpose of this section, the net national internal revenue tax collections of the
12 
Bureau of Internal Revenue is the sum of all internal revenue tax collections of the
13 
Bureau of Internal Revenue during the base year less the internal revenue allotment
14 
of local government units, the amount released during the same year for tax refunds,
15 
payments for informers' reward, and any portion of internal revenue tax collections
16 
which are presently set aside, or hereafter earmarked under special laws for payment
17 
to third persons.
18 
Sec. 110. Automatic Appropriation. - The annual block grant shall be automatically
19 
appropriated in the General Appropriations Act of the Congress of the Philippines to
20 
the BASULTA Government.
21 
Sec. 111. Regular Release. - The block grant shall be released without need of
22 
any further action, directly and comprehensively to BASULTA Government, and shall
23 
not be subject to any lien or holdback that may by imposed the National Government
24 
for whatever purpose.
25 
Sec. 112. Allocation of the Block Grant - The National Assembly shall pass an
26 
annual appropriations law allocating the block grant to various agencies and programs
27 
according to the powers and functions of the BASULTA Government. The Regional
28 
Assembly shall assign the highest budgetary priority to education, health, and social
29 
services as may be provided in its appropriations law. The Regional Assembly shall not
48


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26 
27
include the procurement of firearms, ammunition, armaments, and explosives in its 
annual appropriations law from the block grant. Copies of the development plans of 
the BASULTA Government shall be furnished the Department of the Interior and Local 
Government. In the allocation of the block grant, the national laws and the budgeting 
rules and regulations implemented by the Department of Budget and Management 
and Department of the Interior and Local Government applicable to local government 
units shall apply.
The BASULTA Government's annual appropriations law shall set performance 
standards and targets for each sector. Any unspent amount in the current year's block 
grant shall revert to the BASULTA Treasury under a Special Fund for reappropriation: 
Provided, however. That any subsequent appropriations thereof shall follow the same 
conditions as provided in this section.
Sec. 113. General Limitations. - The use of funds shall be subject to the following 
limitations:
(a) The total appropriations, whether annual or supplemental, for Personal 
Services of the BASULTA Government for one (1) fiscai year shall not 
exceed forty-five percent (45%) of the total revenue sources of the 
BASULTA Government. The appropriations for salaries, wages, 
representation and transportation aliowance of officials and employees of 
the public utilities and economic enterprises owned, operated, and 
maintained by the BASULTA Government shall not be included in the 
annual budget or in the computation of the minimum amount for Personal 
Services. The appropriations for Personal Services of such economic 
enterprises shall be charged against their respective budgets;
(b) No official or employee shall be entitled to a salary rate higher that the 
maximum fixed for the position or other positions of equivalent rank by 
applicable laws or rules and regulations issued thereunder;
49


1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
(c) The BASULTA Government shall not appropriate funds to provide any 
salaries, wages or any form of emoluments to officials and employees of 
the National Government;
(d) In cases of abolition of positions and the creation of new ones resulting 
from the abolition of existing positions in the BASULTA Government, such 
abolition or creation shall be made in accordance with this Organic Law. 
The provisions of civil service laws, rules, and regulations shall apply 
suppletory;
(e) Positions in the official plantilla for career positions that are occupied 
bi incumbents holding permanent appointments shall be covered by 
adequate appropriations;
(f) No changes in designation or nomenclature of positions resulting in a 
promotion or demotion in rank or increase or decrease in compensation 
shall be allowed except when the position is actually vacant, and the filling 
of such positions shall be strictly made in accordance with civil service laws, 
rules, and regulations; and
(g) The creation of new positions and salary increase or adjustments shall 
not be made retroactive.
19 
Sec. 114. Deductions from the Block Grant; Exceptions. Twenty (20) years from
20 
the operationalization of the BASULTA Government, the following shall be deducted 
from the block grant:
21
22
23
24
25
26
27
(a) Revenues from the following taxes imposed and collected in the 
BASULTA jurisdiction by the BASULTA Government three (3) years prior:
(1) Capital Gains Tax;
(2) Documentary Stamp Tax;
(3) Donor's Tax; and
(4) Estate Tax; and
50


1 
(b) Share of the BASULTA Government in the income derived from the
2 
exploration, development, and utilization of natural resources, as provided
3 
by this Organic Law, collected three (3) years prior.
4 
Sec. 115. Review of the Block Grant Formula. - The formula of the block grant, as
5 
provided above, shall be reviewed by the Intergovernmental Fiscal Policy Board five
6 
(5) years after its effectivity, and every five (5) years thereafter to consider, among
7 
others, the fiscal needs of the BASULTA Government and the actual revenue, it shall
8 
be able to generate and to ensure that all block grant expenditures are transparent
9 
and performance-based: Provide, That if the National Government shall no longer
10 
have any representative in the Intergovernmental Fiscal Policy Board, the review shall
11 
be undertaken by the Intergovernmental Relation Body.
12 
Sec. 116. Development Programs and Projects. - Immediately after the ratification
13 
of this Organic Law, and for another five (5) years thereafter, the National Government
14 
shall provide for additional funds that will subsidize expenditures for development
15 
projects and infrastructure in the BASULTA Autonomous Region, including provincial
16 
and municipal roads in accordance with the development plan formulated by the
17 
BASULTA Government. The National Government and the BASULTA Government,
18 
through the Intergovernmental release of said amount to the BASULTA Government.
19 
Loans
20 
Sec. 117. Foreign and Domestic Loans; Bonds, Notes, and Obligations.-
21 
(a) Loans, Credits, and Other Forms of Indebtedness. - The BASULTA
22 
Government my contract loans, credits, and other forms of indebtedness
23 
to finance the construction, installation, improvement, expansion,
24 
operation or maintenance of public utilities, infrastructure facilities,
25 
housing projects, acquisition or real property, implementation of other
26 
capital investment projects, and for the development and welfare of the
27 
people of the BASULTA.
28 
Subject to acceptable credit worthiness, and in compliance with the
29 
Constitution, relevant laws and regulations, such loans may be secured
51


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2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26 
27
from domestic loans requiring sovereign guaranty, whether explicit or 
implicit, which would require the approval of the National Government.
The National Government shall assist the BASULTA Government in 
complying with the requirements for a speedy issuance of the sovereign 
guaranty to finance local infrastructure and other socioeconomic 
development projects in accordance with the BASULTA Development Plan. 
Within thirty (30) days from the submission by the BASULTA Government 
of its application for sovereign guaranty, the National Government shall 
inform the BASULTA Government of the actions taken on the application.
(b) Bonds, Notes, Debentures, and Obligations. - The BASULTA 
Government shall have the authority to issue bonds, debentures, 
securities, collaterals, notes, obligations, and other debt papers or 
documents, as well as redeem or retire the same pursuant to a law enacted 
by the National Assembly, to finance self-liquidating and income-producing 
development or livelihood projects pursuant to the priorities established in 
its regional development plan.
(c) Payment of Loans and Indebtedness. The BASULTA Government shall 
appropriate in its annual budget the amounts sufficient to pay its incurred 
loans and indebtedness: Provided, That the amount of appropriations for 
debt servicing shall not exceed twenty percent (20%) of the regular 
sources of revenue, excluding those coming from grants, endowments, 
donations, loans, foreign assistance and official development assistance: 
Provided, further. That not more than twenty percent (20%) of the block 
grant shall be utilize for the loan payments.
(d) Publication. - Any domestic or foreign-assisted loan and the purpose 
thereof shall be published once a week for two (2) consecutive weeks in 
at least one (1) newspaper of general circulation in the BASULTA Region.
28 
Sec. 118. OfficiaiDeveiopment Assistance. - The BASULTA Government may avail
29 
of official development assistance, upon review and approval of the National
52


1 
Government in accordance with Republic Act No. 8182, otherwise known as the
2 
"Official Development Assistance Act of 1996" as amended, to achieve inclusive
3 
growth and poverty reduction through the implementation of priority development
4 
projects.
5 
Grants and Donations.
6 
Sec. 119. Grants and Donations. - Departments, bureaus, offices and state
7 
universities and colleges of the BASULTA Government may accept donations,
8 
contributions, grants, bequests, or gifts, in cash or in kind, from domestic or foreign
9 
sources for purpose relevant to their functions.
10 
In case of such grants or donations from governments of foreign countries, their
11 
agencies and instrumentalities or multilateral institutions or organizations, acceptance
12 
thereof shall be subject to the prior clearance and approval by the President or his
13 
authorized representative.
14 
The Intergovernmental Fiscal Policy Board shall promulgate rules for the
15 
implementation of this section.
16 
Economic Agreements and Conventions
17 
Sec. 120. Economic Agre&nents. - Subject to the provision of the Constitution,
18 
the BASULTA Government shall evolve a system of economic agreements and trade
19 
compacts to generate block grants for regional investments and improvements of
20 
regional economic structures which shall be authorized by a law enacted by the
21 
Regional Assembly. Pursuant to specific recommendations of regional economic and
22 
development planning body which shall be created by the Regional Assembly, the
23 
BASULTA Government may assist its constituent local government units in their
24 
requirements for counterpart funds for foreign-assisted projects.
25 
Sec. 121. Cultural Exchange, and Economic and Technical Cooperation. - The
26 
BASULTA Government may establish linkages for cultural exchange, economic and
27 
technical cooperation with countries having diplomatic relations with the Philippines
28 
upon review and approval of the National Government. The BASULTA Government
53


1 
may recommend to the National Government the assignment of qualified persons in
2 
Philippine Embassies and consulates, and their participation in international
3 
delegations.
4 
Sec. 122. Benefits from Conventions. - The BASULTA Government shall be entitled
5 
to benefits resulting from conventions to which the National Government is a party.
6 
Such benefits shall be equitable, considering the available human and material
7 
resources and comparative advantage of the BASULTA Region, as well as its
8 
socioeconomic conditions and needs.
9 
Government-Owned or Controlled Corporations
10 
Sec. 123. Government-Owned or Controlled Corporations. - Upon coordination
11 
with the National Government, the Regional Assembly shall have the power to create
12 
government-owned or controlled corporations I compliance with the provisions of
13 
Republic Act No. 10149, otherwise known as the" GOCC Governance Act of 201 f by
14 
a grant of legislative charter or under Batas Pambansa Big. 68, otherwise known as "
15 
The Corporation Code of the PhilippinesT Provided, That those duly registered with
16 
the Securities Exchange Commission may likewise operate outside the BASULTA
17 
Region.
18 
Sec. 124. Existing Government-Owned or Controlled Corporations Operating
19 
Exclusively in the BASULTA Region. - The BASULTA Government shall have the
20 
authority and control over existing government-owned or controlled corporations
21 
operating exclusively in the BASULTA Region after determination by the
22 
Intergovernmental Fiscal Policy Board of their feasibility: Provide, That they shall have
23 
the option to transfer their operations outside of the BASULTA Region, which shall be
24 
effected through the necessary changes in their governing boards.
25 
Sec. 125. Existing Government-Owned or Controlled Corporations in the BASULTA
26 
Region. - The BASULTA Government shall be represented in the board of directors or
27 
in the policy-making bodies of government-owned or controlled corporations that
28 
operate a substantial portion of their business directly or through their subsidiaries in
29 
the BASULTA Region or where the BASULTA Government has a substantial interest.
54


1 
The Intergovernmental Fiscal Policy Board shail determine the extent of the
2 
participation of the BASULTA Government as well as its shares from the results of the
3 
operations of these corporations and their subsidiaries based on a formula that it shali
4 
determine: Provided, That the BASULTA Government shall have at least one (1) seat
5 
in the governing boards of the said corporations
7 
Sharing in the Exploration, Development,
8 
and Utilization of Natural Resources
10 
Sec. 126. Sharing in Exploration, Development and Utilization of Natural
11 
Resources. - Subject to Sec. 128 of this Act, government revenues generated from the
12 
exploration, development, and utilization of all natural resources in the BASULTA
13 
Region, including mines and minerals, shall pertain fully to the BASULTA Government.
14 
In the case of uranium and fossil fuels, the same may be co-managed and the
15 
revenues shared equally between the National Government and BASULTA
16 
Government, subject to the limitations provided in the Constitution.
17 
Sec. 127. Share of the Constituent Local Government Units. - The share of the
18 
BASULTA Government in the revenues referred to in the immediately preceding
19 
section shall be inclusive of those for its constituent local government units.
20 
The share of the BASULTA Government is hereby apportioned as follows: thirty
21 
person (30%) to the BASULTA Government; and to all its constituent iocal government
22 
units, twenty percent (20%) to the provinces; fifteen percent (15%) to the cities;
23 
twenty percent (20%) to the municipalities and fifteen percent (15%) to the
24 
barangays.
25 
Sec. 128. Share of the Indigenous Cultural Communities and Indigenous Peoples
26 
(ICC/IPs). - ICCs/IPs shall have five (5%) share of the net revenues generated from
27 
the exploration, development, and utilization of natural resources, including natural
28 
gas projects found within the territories covered by native, traditional, or customary
29 
title in their favor: Provided, That the rights and privileges granted to indigenous
55


1 
peoples by Republic Act No. 8371 and other laws pertaining to indigenous peoples
2 
shall not be diminished.
3 
Intergovernmental Fiscal Policy Board
4 
Sec. 129. Functions. - The Intergovernmental Fiscal Policy Board is hereby created
5 
and shall have the following functions;
6 
(a) Recommend the necessary fiscal policy adjustments by undertaking
7 
periodic reviews of the taxing powers, tax base, rates, wealth sharing
8 
arrangements, and sources if revenues of the BASULTA Government vis-
9 
avis its development needs:
10 
(b) Address disputes between the National Government and the BASULTA
11 
Government involving the collection of capital gains tax, documentary
12 
stamp tax, donor's tax, and estate tax;
13 
(c) Determine the extent of the participation of the BASULTA Government
14 
in the board of directors or the policy-making bodies of government-owned
15 
or controlled corporations that operate a substantial portion of their
16 
businesses directly or through their subsidiaries in the BASULTA Region or
17 
where the BASULTA Government has substantial interest;
18 
(d) Determine the participation of the BASULTA Government in the
19 
operations of government-owned or controlled corporations and their
20 
subsidiaries operating in the BASULTA Region, and its share from the
21 
results of said operations.
22 
(e) Determine the participation of the BASULTA Government in the Al-
23 
Amanah Islamic Investment Bank of the Philippines, and the Southern
24 
Philippines Development Authority; and
25 
(f) Define the modalities for the filing of income tax returns for corporations
26 
or firms whose central, main , or head offices are located outside the
27 
BASULTA Region but are doing business within its territorial jurisdiction to
28 
determine the income realized from such operations in the BASULTA
56


1 
Region, which shall be attributed as income derived therein and subject to
2 
the sharing scheme between the National Government and the BASULTA
3 
Government.
4 
Sec. 130. Composition of the Intergovernmentai Fiscal Policy Board. - The
5 
Intergovernmental Fiscal Policy Board shall be composed of the heads or
6 
representatives of the appropriate departments and agencies of the National
7 
Government and heads or representatives of the offices in the BASULTA Government.
8 
Sec. 131. Meetings and Annuai Report. - The Intergovernmental Fiscal Policy
9 
Board shall meet at least once every six (6) months or as often as necessary, and shall
10 
adopt its own rules of procedure for the conduct of its meetings.
11 
An annual report shall be submitted by the Intergovernmental Fiscal Policy Board
12 
to the National Government and BASULTA Government, and shall be made available
13 
to the public.
14 
Sec. 132. Full Disclosure Policy. - The BASULTA Government adopts a policy of
15 
full disclosure of its budget, finances, bids and public offerings, and shall provide
16 
protocols for the guidance of local authorities in the implementations of said policy
17 
which shall include, among the others, the posting of the Summary of Income and
18 
Expenditures, and the participation of representatives from civil society in the budget
19 
process. The same policy shall apply to its constituent local government code to be
20 
enacted by the Regional Assembly.
21 
Sec. 133. Additional Fiscal Policy Powers. - The Intergovernmental Fiscal Policy
22 
Board mat recommend to the Congress of the Philippines or the appropriate agency
23 
of the National Government the grant of additional fiscal powers to the BASULTA
24 
Government.
57


1 
ARTICLE XI
2 
AGRICULTURE, AGRARIAN REFORM,
3 
TRADE AND INDUSTRY, TOURISM AND COOPERATIVE
4
5 
Sec. 134. Agrarian Reform and Sustainable Agricultural and Fisheries
6 
Development — Consistent with applicable laws, the Regional Government shall
7 
promote agrarian reform and sustainable agricultural development within the
8 
principles of social equity and poverty alleviation, food security and food sufficiency,
9 
global competitiveness, fair trade, rational use of resources.
10 
(a) The Regional Government shall ensure that basic agricultural support
11 
services and infrastructure are accessible to small and marginalized
12 
farmers and fisher folks. It shall likewise promote agribusiness and full
13 
employment based on a sound agricultural development and agrarian
14 
reform.
15 
(b) The Regional Government shall put special emphasis on production
16 
towards self-sufficiency of staple food commodities and shall at all times
17 
guarantee the availability, accessibility, and affordability of safe food
18 
commodities.
19 
(c) The Regional Government shall work on the improvement of the quality
20 
and value of raw and processed agri-based products as a means to
21 
enhance competitiveness of the agriculture and fisheries sectors in the
22 
domestic and global markets.
23 
(d) The Regional Government shall formulate and implement measures to
24 
promote indigenous concepts of farming and protect the farmers from
25 
unfair trade practices and unfair competition.
26 
(e) The Regional Government shall ensure the equitable and rational
27 
distribution of public resources and investments in order to obtain the
28 
optimum returns on investments and to benefit a greater number of
29 
constituents.
30 
(0 The Regional Government shall always consider the limited carrying
31 
capacity of the BAR'S natural and agricultural resources 
in the
32 
development of agricultural and fisheries programs and interventions.
58


1 
Sec. 135. Development of Water Resources. —The Regional Government shall
2 
prioritize the conservation, protection, testing, utilization and development of water
3 
resources for agriculture, fisheries development, domestic water supply, and power
4 
development. It shall enact appropriate legislation which shall enhance, develop,
5 
conserve, and protect natural fishery resources especially on species endemic to the
6 
BAR.
7 
Sec. 136. Promoting the Rights of Fisher Folks. —The Regional Government
8 
shall recognize, promote, and protect the rights and welfare of fisher folks, their
9 
associations and cooperatives. The provinces and cities concerned shall provide
10 
support to subsistence fisher folk through adequate funds, appropriate technology and
11 
research, marketing assistance, and other support services like fishery processing
12 
facilities and access to credit.
13 
Sec. 137. Agriculture Production. — The Regional Government shall pursue the
14 
following strategies to develop and increase agricultural productivity.
15 
(a) Pursue multidisciplinary research, development and extension activities to
16 
produce and promote technologies and invent machinery and facilities that
17 
will be used to improve productivity and product quality, reduce cost of
18 
production, enhance value addition and improve processing, and enhance
19 
abilities to protect the environment and agricultural resources;
20 
(b) Initiate, encourage and give the highest priority support to small and
21 
medium agribusiness enterprises and industries with linkages to agriculture.
22 
It shall ensure the allocation of adequate public investments to establish
23 
adequate support-agricultural infrastructure and facilities to sustain such
24 
ventures;
25 
(c) Formulate and implement product standards and regulatory rules that will
26 
ensure the production, processing, distribution and marketing of safe and
27 
globally-competitive products, and simultaneously promote environmental
28 
conservation; and
29 
(d) Ensure that all sectors involved in the production, processing, and
30 
marketing of food and non-food products shall strictly adhere to appropriate
31 
existing laws and regulations on the proper utilization and disposal of
32 
synthetic and chemical inputs and materials, and industrial and toxic wastes.
59


1 
Relative to this, the Regional Government shall pursue and encourage
2 
organic methods of agriculture.
3 
Sec. 138. Prevention of the Flight of Labor and Capital. — To promote
4 
investments and employment and to prevent flight of capital and labor from the BAR,
5 
the Regional Government shall, in coordination and cooperation with the Philippine
6 
Competition Commission (PCC), adopt measures to:
7 
(a) Inhibit monopolies, cartels and unfair competition in public utilities,
8 
development, trading and similar concerns. It may, in the interest of
9 
regional welfare and security, establish and operate pioneering public
10 
utilities. Upon payment of just compensation, it may transfer the ownership
11 
of such utilities to cooperatives or other collective organizations; and
12 
(b) Initiate, encourage and support industrialization in the region, taking into
13 
account the culture and capabilities of the people of the area to control or
14 
manage their resources, the ecological needs of the area, and the
15 
protection, conservation, and development of resources.
16 
Sec. 139. Eco-cuiturai Tourism. —Consistent with the preservation of cultural
17 
heritage and the protection of ecology, the Regional Government shall promote eco-
18 
cultural tourism. Sites with historical, scientific, cultural significance including natural
19 
and man-made landmarks and scenic vistas shall likewise be preserved, maintained,
20 
and protected.
21 
All other kinds of tourism-oriented activities that are consistent with the
22 
principles of sustainable and responsible tourism shall be promoted and developed in
23 
the BAR.
24 
Sec. 140. Promote Economic Zones. — The Regional Government shall, in
25 
coordination with the Philippine Economic Zone Authority (PEZA), encourage, promote
26 
and support the establishment and development of economic zones, industrial and
27 
trade centers, and airports, in strategic areas and growth centers in the BAR, including
28 
the necessary support infrastructure in accordance with land use and other
29 
environmental considerations, and tax incentives to needed investments in the Special
30 
Economic Zones. Registered enterprises under established economic zones may be
31 
entitled to pertinent fiscal incentives granted under Title XIII (Tax Incentives) of the
32 
National Internal Revenue Code, as amended.
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Sec. 141. Marketing and Exportation of Indigenous Products. — The Regional
2 
Government shall, in coordination with LGUs, encourage investments in the
3 
development, marketing, exportation, and protection of community intellectual rights,
4 
indigenous and other local products in accordance with its development goals and
5 
priorities.
6 
Sec. 142. Cooperatives. —The Regional Government shall promote cooperatives
7 
registered with the Cooperative Development Authority as tools for economic
8 
development, social justice, and people empowerment, to initiate policies and develop
9 
mechanisms to enjoin the participation of the banking sector and financial institutions
10 
in the delivery of credit assistance for the establishment and building of rural
11 
enterprises and small-medium enterprises (SMEs).
12
13 
ARTICLE XII
14 
EDUCATION, SCIENCE AND TECHNOLOGY,
15 
LANGUAGE, ARTS AND CULTURE AND SPORT
16
17 
Sec. 143. Regionai Educational Policies. — The Regional Government shall
18 
formulate educational policies to preserve, safeguard, and develop cultural heritage
19 
guided by the following plans and programs:
20 
(a) The development of curricular programs relevant to the preservation and
21 
development of cultural heritage and responsive to the social, economic,
22 
political, and moral needs of the inhabitants of the BAR;
23 
(b) The adoption and enactment of educational policies that shall recognize,
24 
support, develop, and promote existing indigenous system of learning; and
25 
(c) The creation of a Regional Educational Board that will supervise the
26 
establishment, adoption, and implementation of both formal and infomial
27 
education policies and programs for schools, colleges, and universities in the
28 
region.
29 
Sec. 144. Education with Highest Budget Allocation. —The Regional Government
30 
shall assign the highest budgetary priority to education.
31 
Sec. 145. Tax Treatment of Educational Institutions. — Private educational
32 
institutions, colleges and universities shall enjoy the protection and support of the
33 
Regional Government and shall pay taxes in accordance with Section 27 (b) of the
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National Internal Revenue Code, as amended. Importations of private educational
2 
institutions, colleges and universities of economic, technical and cultural books or
3 
publications, which are for economic, technical, vocational, scientific, philosophical,
4 
historical or cultural purposes, shall be exempt from customs duties in accordance
5 
with the provisions of Republic Act No. 10863, otherwise known as the "Customs
6 
Modernization and Tariff Act (CMTA).
7 
Sec. 146. Creation of Regional Scholarship Committee for Education. — The
8 
Regional Government shall assist the national government in providing free basic
9 
education and shall likewise endeavor to provide free tertiary education through
10 
scholarship programs, subsidies, research grants, and other incentives for poor, gifted,
11 
and deserving individuals. Towards this end, there shall be created a Regional
12 
Scholarship Committee for Education.
13 
Sec. 147. Rights of Teachers and Parents to Organize. —The right of teachers,
14 
employees, students, and parents to organize themselves and to participate in school
15 
policy and decision-making shall be guaranteed.
16 
Sec. 148. Culture Sensitive Education. —The educational system in the BAR shall
17 
develop a research, instruction, and extension program that will promote
18 
consciousness and appreciation of the ethnic identity of the people in the region in all
19 
levels of education, and shall provide a better understanding of their cultural heritage
20 
for the attainment of national unity and harmony. It shall provide, promote, enhance
21 
or adopt a curriculum in all levels that includes local languages, customs and traditions
22 
and other indigenous knowledge systems and practices, as may be applicable.
23 
Sec. 149. State Colleges and Universities. —State colleges and universities in the
24 
BAR shall form part of the regional educational sub-system and shall continue to enjoy
25 
fiscal and institutional autonomy, continue to be governed by their respective charters,
26 
and enjoy support of the Regional Government.
27 
(a) The Regional Government shall be represented in the board of regents or
28 
trustees in state universities and colleges in the region;
29 
(b) The state colleges and universities in the BAR shall continue to receive
30 
funding from the national government while the Regional Government shall
31 
provide additional funding; and
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(c) The Regional Government shall capacitate state colleges and universities
2 
in order to provide assistance to regional development.
3 
Sec. 150. School Charters. — Subject to the general supervision of the Regional
4 
Government, all schools with charters shall continue to be governed by their respective
5 
charters.
6 
Sec. 151. Priority on Indigenous and Appropriate Technology. —The management
7 
of scientific and indigenous research and appropriate technology on all levels of
8 
education including research institutions shall be given priority by the Regional
9 
Government.
10 
Sec. 152. Intellectual Property Rights. — The incentives for the creation and
11 
commercialization of intellectual properties, and assistance in the registration,
12 
protection, and enforcement of intellectual property rights shall be accorded to local
13 
artists, writers, creators, innovators, scientists, researchers, and inventors from the
14 
BAR.
15 
Sec. 153. Medium of Instruction. —The Regional Government shall retain English
16 
and Filipino as medium of instruction in aii ievels of education. Consistent with its
17 
regional and cultural identity, and whenever possible, it shall adopt a system of multi-
18 
lingual or mother tongue-based approach in basic education to preserve the various
19 
languages and dialects in the region, as well as the national language as may be
20 
appropriate.
21 
Sec. 154. Sports Development — The Regional Government shall design and
22 
implement sports development programs and indigenous games and sports which
23 
shall be a cooperative responsibility of the school, the community, and the
24 
government.
25 
Sec. 155. Cultural Heritage Center. —The Regional Government shall establish a
26 
BASULTA Commission for the Preservation and Promotion of Cuitural Heritage to
27 
promote, research, document, coordinate with other groups and institutions and
28 
establish and maintain a data bank on all indigenous matters.
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1 
ARTICLE XV
2 
BASIC RIGHTS
3 
Sec. 156. Transitional Justice. - Regional Assembly shall enact a transitional justice
4 
mechanism to address the legitimate grievances of the BASULTA people and the
5 
indigenous peoples, such as historical injustices, human rights violations, and
6 
marginalization through unjust dispossession of territorial and proprietary rights and
7 
customary land tenure.
8 
Sec. 157. Reparation for Unjust Dispossession. - The Regional Assembly shall enact
9 
laws providing for adequate reparation to the BASULTA people affected by unjust
10 
dispossession of territorial and proprietary rights and customary land tenure, which
11 
may include payment of just compensation to and relocation of such peopie. No land
12 
title issued by the National Government under the Torrens System shall be invalidated.
13 
Sec. 158. Indigenous People Rights. - The BASULTA Government recignizes the
14 
rights of the indigenous peoples and shall adopt measures for the promotion and
15 
protection of the following rights:
16
17
18
19
20
21
22
23
24
25
(a) Native titles or fusaka inged,
(b) Indigenous customs and traditions;
(c) Justice systems and indigenous political structures;
(d) Equitable share in revenues from the utilization of resources in their 
ancestral lands;
(e) Free, prior and informed consent;
(0 Political participation in the BASULTA Government including reserved 
seats for the non-Moro indigenous peoples in the Regional Assembly;
(g) Basic services; and
(h) Freedom of choice as to their identity
26 
Any measure enacted by the Regional Assembly shall in no way diminish the rights
27 
and privileges granted to indigenous peoples by virtue of the United Nations
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1 
Declaration of the Rights of Indigenous Peoples and the United Nations Declaration
2 
on Human Rights, and other laws pertaining to indigenous peoples in the BASULTA
3 
Autonomous Region.
4 
This Organic Law shall not in any manner diminish the rights and benefits of the
5 
non-Moro indigenous peoples in the BASULTA Autonomous Region under the
6 
Constitution, national laws, particularly Republic Act. No. 8371, otherwise known as
7 
the "Indigenous Peoples' Rights Act of1997."
8 
Sec. 159. Customary Rights and Traditions. - The customs, beliefs, and traditions
9 
of the BASULTA people are hereby recognized, protected, and guaranteed.
10 
The Regional Assembly shall adopt measures to ensure mutual respect and
11 
protection of the distinct beliefs, customs, and traditions of the BASULTA people and
12 
the other inhabitants in the BASULTA Region.
13 
No person in the BASULTA Region shall be subjected to any form of discrimination
14 
on account of creed religion, ethnic origin, parentage, or gender.
15 
Sec. 160. Religious Freedom. The BASULTA Government shall guarantee religious
16 
freedom and the free exercise thereof pursuant to the Constitution, national laws, and
17 
principles of international law. The BASULTA Government shall protect all persons
18 
from harassment or any undue pressure, coercion, and violence on account of religion.
19 
Any establishment and institution shall be free to implement policies and undertake
20 
activities pursuant to their respective religious beliefs and values.
21 
Sec. 161. Human Rights. - The BASULTA Government shall fully respect human
22 
rights.
23 
Sec. 162. BASULTA Human Rights Commission. - There is hereby created a
24 
BASULTA Human Rights Commission. The chairperson and two (2) commissioners of
25 
the Commission shall be appointed by the President upon recommendation of the
26 
Regional Governor. The composition of the Commission shall reflect the ethnic
27 
distribution of the population of the BASULTA Region. The chairperson shall be a
28 
member of the Philippine Bar and a resident of the BASULTA Region. A commissioner
65


1 
shall preferably be a member of the Philippine Bar or holder of bachelor’s degree from
2 
colleges or universities recognized by the National Government, and a resident of the
3 
BASULTA Region.
4 
The functions, duties, and responsibilities of the Commission shall be provided by
5 
law to be enacted by the Regional Assembly. It shall cooperate and closely coordinate
6 
with the national Commission on Human Rights.
7 
The Regional Assembly shall fix the salaries and perquisites of the chairperson and
8 
the commissioners of the Commission in consonance with Republic Act No. 6758, as
9 
amended.
10
11 
ARTICLE XVI
12 
SOCIAL JUSTICE, HEALTH AND WELFARE
13
14 
Sec. 1163. Measures on Social Protection. —The Regional Government commits
15 
itself to social protection and shall adopt measures to;
16 
(a) Empower and improve the quality of life of the poor, disadvantaged,
17 
marginalized, and vulnerable individuals, families, sectors and communities
18 
of the BAR;
19 
(b) Reduce or eradicate poverty to ensure that all inhabitants of the BAR are
20 
free from all forms of deprivation, vulnerability, and abuse;
21 
(c) Create equal opportunities for the inhabitants of the BAR;
22 
(d) Promote gender sensitivity by promoting the gender and development bias
23 
in the formulation and implementation of sustainable programs and policies;
24 
and
25 
(e) Enact measures and develop programs that will protect the people from
26 
any threat of violence and exploitation, eliminate trafficking in persons, and
27 
mitigate pressures for involuntary migration and servitude of persons, not
28 
only to support trafficked persons 
but more importantly, to ensure their
29 
recovery, rehabilitation, and reintegration 
into the mainstream of society.
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1 
Sec. 164. Equality of Employment Opportunities. —The Regional Government shall
2 
undertake steps to protect the labor sector and promote equality of employment
3 
opportunities for all. Towards this end, it shall provide for:
4 
(a) Participation of the Regional Government in the regional wage board in
5 
working out periodic adjustments and rational standardization of
6 
compensation rates to ensure a sustainable and decent wage for all workers;
7 
(b) Profit sharing schemes that recognize the right of workers to a just share
8 
in the profits of businesses, provide incentives thereof, and the right of the
9 
enterprise to reasonable returns on investments;
10 
(c) Protection of workers against unhealthy and unsafe working conditions; and
11 
(d) Mandatory corporate social responsibility towards employees and host
12 
communities.
13 
Sec. 165. Hiring. —The Regional Government shall promote the hiring of qualified
14 
inhabitants of the BAR in government service, government projects, and private
15 
businesses located in the autonomous region.
16 
Sec. 166. Health as a Basic Human Right —The Regional Government recognizes
17 
health as a basic human right, thus the attainment, maintenance and protection
18 
thereof shall be its responsibility. It affirms health as an instrument for and a product
19 
of socio-economic development. For this purpose, it shall:
20 
(a) Establish, maintain, and support an effective health care delivery system
21 
utilizing primary health care as a comprehensive and integrated approach;
22 
(b) Ensure that the health care system is governed by the principles of service,
23 
social justice and equity;
24 
(c) Promote health knowledge and skills that will enable its people to take
25 
responsibility for their health;
26 
(d) Provide relevant training programs and appropriate standards for health
27 
workers and professionals;
28 
(e) Establish and maintain an effective food and drug regulatory system which
29 
shall provide for the adoption of an essential drug list, encourage the use
30 
of generic medicines or drugs, and promote the use of herbal medicines
31 
and indigenous health resources;
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1 
(f) Conduct research on traditional healing methods and promote indigenous
2 
health care practices;
3 
(g) Evolve financing schemes to effectively lessen the costs of health care
4 
without sacrificing the quality of health care services; and
5 
(h) Prioritize health by allocating at least five percent (5%) of the Regional
6 
Annual Budget to form the base of the health budget.
7 
Sec. 167. Rights of Workers. — The Regional Government shall, in consonance
8 
with the Constitution, guarantee the rights of all workers to self-organization,
9 
collective bargaining and negotiations, and peaceful concerted activities, including
10 
those provided by law.
11 
Sec. 168. Rights of Vulnerable Sectors. —The Regional Government shall:
12 
(a) Promote the well-being of differently-abled persons, the mentally
13 
handicapped, the elderly, the homeless, widowed and orphans, retirees, and
14 
veterans, and children in conflict with the law; and
15 
(b) Assist victims of calamities, abused and depressed children and women in
16 
crisis situations, including victims of adult offenders and children in conflict
17 
with the law.
18 
Sec. 169. Program for Rebel Returnees. —The Regional Government shall adopt
19 
a social integration program that is responsive to the needs of rebel returnees,
20 
including children in conflict with the law show shall be provided the appropriate
21 
rehabilitative psycho-social services.
22 
Sec. 170. Social and Insurance Measures. —The Regional Government shall adopt
23 
insurance and social security measures that are responsive to the needs of its people
24 
to supplement existing privileges.
25 
Sec. 171. Housing Programs. — The Regional Government shall, in cooperation
26 
with the private sector, promote housing programs where needed. The housing
27 
programs shall be financed under liberal credit terms and shall utilize indigenous
28 
materials, architecture and technology. Participation of housing cooperatives to
29 
administer the projects shall be encouraged.
30 
Sec. 172. Rote of Women. — The Regional Government shall recognize and
31 
strengthen the role of women in nation-building. It shall ensure the full
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24
25
26
27
28
implementation of RA 9710, otherwise known as the "Magna Carta of Women" and all 
other existing laws that promote the welfare and protection of women.
Sec. 173. Comprehensive Program on Children and Youth. — The Regional 
Government shall establish a comprehensive program on children and youth 
development, create the structures to implement the same, and appropriate adequate 
funds to support for the program.
Sec. 174. Support to Peoples' Organization. — The Regional Government shall 
promote and support duly established peoples' organizations and encourage the 
formation of organizations, especially those of the underprivileged.
ARTICLE XVII 
PEACE AND ORDER
Sec. 175. Prohibition on Private Armies. —The Regional Government shall promote 
and maintain peace and order and public safety in the region. It shall not allow the 
establishment and maintenance of private armies.
Sec. 176. Defense of die Region. —The defense and security of the BAR shall be 
the responsibility of the national government with due recognition to 
recommendations from the Regional Government.
ARTICLE XVIII 
BASULTA JUSTICE SYSTEM
Sec. 177. Justice System in the BASULTA Region. - The BASULTA justice system 
shall be administered in accordance with the unique cultural and historical heritage of 
the BASULTA.
The dispensation of justice in the BASULTA Autonomous Region shall be in 
consonance with the Constitution, Shari'ah, traditional or tribal laws, and other 
relevant laws.
29 
Shari'ah or Islamic law forms part of the Islamic tradition derived from religious
30 
precepts of Islam, particularly the Qur'an dx\(\_Sunnah.
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1 
Shari'ah shall apply exclusively to cases involving Muslims. Where a case involves
2 
a non-Muslim , Shari'ah law may apply only if the non-Muslim voluntarily submits to
3 
the jurisdiction of the Shari'ah court.
4 
The traditional or tribal laws shall be applicable to disputes of indigenous peoples
5 
within the BASULTA Region.
6 
The provisions of this Article shall not prejudice the rights of non-Muslims and
7 
nonindigenous peoples.
8 
Sec. 178. Shari'ah Courts. - Shari'ah courts within the BASULTA territorial
9 
jurisdiction shall form part of the Philippine judicial system subject to the supervision
10 
of the Supreme Court. The regular courts within the BASULTA Region shall continue
11 
to function under the supervision of the Supreme Court.
12 
The Congress of the Philippines may create additional Shari'ah courts in the
13 
BASULTA Region upon the recommendation of the Supreme Court. It may also create
14 
Shari'ah courts outside the BASULTA Region in areas considerable number of Muslims
15 
reside.
16 
Sec. 179. Sources of Shari'ah. - The following are the sources of Shari'ah:
17 
Principal Sources:
18
19
(a) Ai-Qu'ran or the Koran;
(b) Ai-Sunnah or the traditions of Prophet Muhammas SAW;
20 Secondary Sources:
21
22
(a) Ai-Ijma or Consensus; and
(b) Ai-Qiyasox Analogy.
23 
Sec. 180. Powers of the Regional Assembly to Enact Laws Pertaining to Shari'ah. -
24 
The Regional Assembly shall have the power to enact laws on personal, family, and
25 
property law jurisdiction.
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1 
The Regional Assembly has the power to enact laws governing commercial and
2 
other civil actions not provided for under Presidential Decree No. 1083, as amended,
3 
otherwise known as " Code of Muslim Persona! Laws of the Philippines," and criminal
4 
jurisdiction on minor offenses punishable by arresto menor or fa'z/r which must be
5 
equivalent to arresto menoror fines commensurate to the offense.
6 
Sec. 181. Jurisdiction of the Shari'ah Circuit Courts. - The Shari'ah Circuit Courts
7 
in the BASULTA Region shall exercise exclusive original jurisdiction over the following
8 
cases where either or both parties are Muslims: Provided, That the non-Muslim party
9 
voluntarily submits to its jurisdiction:
10 
(a) All cases involving offenses defined and punishable under Presidential
11 
Decree No. 1083, where the act or omission has been committed in the
12 
BASULTA Region;
13 
(b) All civil actions and proceedings between parties residing in the
14 
BASULTA Region who are Muslims or have been married in accordance
15 
with Article 13 of Presidential Decree No. 1083, involving disputes relationg
16 
to:
17 
(1) Marriage;
18 
(2) Divorce;
19 
(3) Betrothal or breach of contract to marry;
20 
(4) Customary dower or mahr;
21 
(5) Disposition and distribution of property upon devorce;
22 
(6) Maintenance and support, and consolatory gifts; and
23 
(7) Restitution of marital rights;
24 
(c) All case involving disputes relative to communal properties;
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2
3
4
5
6
7
8 
9
10
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12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
(d) All cases involving ta'ziro^enses defined and punishable under Shari'ah 
law enacted by the Regional Assembly punishable by arresto menor or 
corresponding fine, or both;
(e) All civil actions under Shari'ah law enacted by the Regional Assembly 
involving real property in the BASULTA Region where assessed value of 
the property does not exceed four hundred thousand pesos (P400,000.00); 
and
(f) All civil actions, if they have not specified in an agreement which law 
shall govern their relations, where the demand or claim does not exceed 
two hundred thousand pesos (P200,000,00).
Sec. 182. Jurisdiction of the Shari'ah District Courts. - The Shari'ah District Courts 
in the BASULTA Region shall exercise exclusive original jurisdiction over the following 
cases where either or both are Muslims: Provided, That the non-Muslim partry 
voluntarily submits to its jurisdiction:
(a) All cases involving custody, guardianship, legitimacy, and paternity and 
filiation arising under Presidential Decree No. 1083;
(b) All cases involving disposition, distribution, and settlement of the estate 
of deceased Muslims, probate of wills issuance of letters of administrators 
or executors regardless of the nature or the aggregate value of the 
property;
(c) Petitions for the declaration of absence and death, and for the 
cancellation or correction of entries in the Muslim Registries mentioned in 
Title VI of Book Two of Presidential Decree No. 1083;
(d) All actions arising from customary and Shari'ah compliant contracts in 
which the parties are Muslims, if they failed to specify the law governing 
their relations;
72


1 
(e) All petitions for mandamus, prohibition, injunction, certiorari, habeas
2 
corpus, and all other auxiliary writs and processes, in aid of its appellate
3 
jurisdiction;
4 
(f) Petition for the constitution of a family home, change of name, and
5 
commitment of an insane person to an asylum;
6 
(g) All other personal and real actions not falling under the jurisdiction of
7 
the Shari'ah Circuit Courts wherein the parties involved are Muslims, except
8 
those for forcible entry and unlawful detainer, which shall fall under the
9 
exclusive original jurisdiction of the Municipal Trial Court;
10 
h) All special civil actions for interpleader or declaratory relief wherein the
11 
parties are Muslims residing in the BASULTA Region or the property
12 
involved belongs exclusively to Muslim and is located in the BASULTA
13 
Region;
14 
(i) All civil actions under Shari'ah law enacted by the Regional Assembly
15 
involving real property in the BASULTA Region where the assessed value
16 
of the property exceeds four hundred thousand pesos (P400,000.00); and
17 
(j) All civil actions, if they have not specified in the agreement which law
18 
shall govern their relations where the demand or claim exceeds two
19 
hundred thousand pesos (P200,000.00).
20 
The Shari'ah District Court in the BASULTA Region shall exercise appellate
21 
jurisdiction over all cases decided upon the Shari'ah Circuit Courts in the BASULTA
22 
Region within its territorial jurisdiction as provided under Article 144 of Presidential
23 
Decree No. 1083, as amended.
24 
Sec. 183. Shari'ah High Court. - There is hereby created within the BASULTA
25 
territorial jurisdiction, as part of the Philippine judicial system, a Shari'ah High Court.
26 
It shall exercise exclusive original jurisdiction over the following cases where either or
27 
both parties are Muslims: Provided, That the non-Muslim party voluntarily submits to
28 
its jurisdiction;
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1 
(a) All petitions for mandamus, prohibition, injunction, certiorari, habeas
2 
corpus, and all other auxiliary writs and processes, in aid of its appellate
3 
jurisdiction; and
4 
(b) All actions for annulment of judgements of Shari'ah District Courts
5 
within outside the BASULTA Region.
6 
The decisions of the Shari'ah High Court shall be final and executory except on
7 
questions of law which may be raised before the Supreme Court following the
8 
procedure for appeals from the Court of Appeals to the Supreme Court.
9 
Nothing contained herein shall affect the original and appellate jurisdiction of the
10 
Supreme Court as provided in the Constitution.
11 
Pending the complete organization of the Shari'ah High Court, the decisions of the
12 
Shari'ah Courts shall be appealable to the Court of Appeals.
13 
Sec. 184. Qualifications of Shari'ah Judges.-
14 
(a) Shari'ah Circuit Court - No person shall be appointed judge of the
15 
Shari'ah Circuit Court unless a citizen of the Philippines who is a Muslim, a
16 
regular member of the Philipine Bar, at least thirty (30) years of age, must
17 
have been engaged in the practice of law for five (5) years or more, and
18 
has completed at least two (2) years of Shari'ah or Islamic Jurisprudence.
19 
(b) Shari'ah District Court - No person shall be appointed judge of the
20 
Shari'ah District Court unless a citizen of the Philippines who is a Muslim,
21 
a regular member of the Philipine Bar, at least thirty-five (35) years of age,
22 
must have been engaged in the practice of law for ten (10) years or more,
23 
and has completed at least two (2) years of Shari'ah or Islamic
24 
Jurisprudence.
25 
(c) Shari'ah High Court - No person shall be appointed as justice of the
26 
Shari'ah High Court unless a natural-born citizen of the Philippines who is
27 
a Muslim, a regular member of the Philippine Bar, at least forty (40) years
28 
of age, must have been engaged in the practice of law for fifteen (15)
74


1 
years or more, and has completed at least two years of Shari'ah or Islamic
2 
Jurisprudence.
3 
A Shari'ah Justice or Judge must be a person of competence, integrity, probity,
4 
and independence.
5 
The Supreme Court may grant the incumbent Shari'ah District and Circuit Court
6 
judges who are not regular members of the Philippine Bar a reasonable period within
7 
which to qualify, pending which they shall allowed to continue discharging their duties.
8 
Sec. 185. Composition of the Shari'ah High Court. The Shari'ah High Court shall
9 
be composed of five (5) Justices, including the Presiding Justice.
10 
Sec. 186. Compensation, Benefits, Tenure, and Privileges. - Justices of the Shari'ah
11 
High Court shall have the same rank, prerogatives, salaries, allowances, benefits,
12 
tenure, and privileges as the Justices of the Court of Appeals.
13 
Judges of the Shari'ah District Courts shall have he same rank, prerogatives,
14 
salaries, allowances, benefits, tenure, and privileges as judges of the Regional Trial
15 
Court.
16 
Judges of the Shari'ah Circuit Courts shall have the same rank, preogatives,
17 
salaries, allowances, benefits, tenure, and privileges as judges of the Municipal Trial
18 
Court.
19 
Sec. 187. Shari'ah Rules of Court. - The existing Special Rules of Procedure in
20 
Shari'ah courts shall continue to be in force and effect until the Supreme Court
21 
promulgates a new Shari'ah Rules of Court.
22 
Sec. 188. Special Bar Examinations for Shari'ah. - The Supreme Court shall
23 
administer Shari'ah Special Bar Examinations for admission of applicants to the
24 
Philippine Bar as special members thereof to practice law in Shari'ah courts. A
25 
successful examinee who has qualified for special membership in the Philippines Bar
26 
shall be duly conferred the title of counselor-at-law.
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1 
Sec. 189. Practice of Law Before Shari'ah Courts. - The following are eligible to
2 
practice before Shari'ah cqux\s\
3 
(a) A Shari'ah counselor-at-law; and
4 
(b) A regular member of the Philippine Bar: Provided, That a Muslim, or
5 
non-Muslim who submits to the jurisdiction of the Shan'ah court, who acts
6 
on one's behalf as counsel, shall be allowed to appear as such before any
7 
Shari'ah court.
8 
Sec. 190. Appointment and Discipline of Shari'ah Court Personnel. - The Supreme
9 
Court shall appoint the Shari'ah court personnel and shall have the power to discipline
10 
them.
11 
Sec. 191. BASULTA Shari-ah Integrated Bar. - The Supreme Court may adopt the
12 
rules for the integration of the Shari'ah Bar under such conditions as it shall see fit in
13 
order to raise the standards of the profession and improve the administration of justice
14 
in the BASULTA Region.
15 
Sec. 192. Creation of New Offices. - The Regional Assembly may create a Shari-ah
16 
public assistance office, a Shari'ah special prosecution service, a Shari'ah academy,
17 
and the Office of the Jurisconsult of Islamic Law. Pending the creation of the Shari'ah
18 
special prosecution service, the existing national prosecution service of the
19 
Department of Justice shall prosecute criminal case before the Shari'ah courts.
20 
Sec. 193. Traditional or TribaiJustice Systems. The Regional Assembly shall enact
21 
laws to promote and support the traditional or tribal justice systems that are
22 
appropriate for the indigenous peoples.
23 
The indigenous peoples shall have the right to use their own commonly accepted
24 
justice systems, conflict resolution institutions, peace building processes or
25 
mechanisms, and order customary laws and practices within their respective
26 
communities and as may be compatible with the national legal system and with
27 
internationally recognized human rights.
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The traditional justice systems are the mechanisms to determine, settle, and decide
2 
controversies and enforce decisions involving disputes between members of the
3 
indigenous peoples concerned in accordance with the customary laws of these
4 
communities.
5 
Sec. 194. Office for Traditional or Tribal System. - There is hereby created an Office
6 
for Tribal Justice System that shall be responsible for overseeing the study,
7 
preservation, and development of the tribal justice system within the BASULTA Region.
8 
The powers and functions of the Office for Tribal Justice System shall be defined by
9 
the Regional Assembly.
10 
The office for Tribal Justice System shall ensure the full participation of indigenous
11 
peoples in the formulation, implementation, and evaluation of policies, related to the
12 
strengthening of tribal justice systems; Provided, - That such system shall maintain
13 
their indigenous character in accordance with the respective practices of each tribe.
14 
Sec. 195. Regular Courts. - Regular courts in the BASULTA Region shall continue
15 
to exercise their judicial functions, as provided by national law.
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Sec. 196. Alternative Dispute Resolution. The BASULTA Government shall adopt 
the principles of conciliation and mediation in settling disputes, with the Regional 
Assembly enacting the necessary legislation to institute the mechanism for alternative 
dispute resolution. The Shari'ah courts and traditional or tribal adjudicatory tribunals 
may utilize this mode of settlement and resolution of cases.
ARTICLE XIX
PERSONAL, FAMILY, INDIGENOUS AND PROPERTY RELATIONS
Sec. 197. Customary Laws. —Customary laws affecting personal, family, tribal and 
property relations in the BAR shall be recognized.
Sec. 198. Protection of the Family. —The family as the basic unit of society shall 
be protected.
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Sec. 199. Indigenous Marriages. — Marriages solemnized in accordance with the 
indigenous customary laws of the place shall be valid, and the dissolution of such 
marriages in accordance with these laws shall be recognized.
Sec. 200. Laws on Marriages. — The Regional Assembly shall pass a law governing 
family relations and marriages under indigenous customs and tradition belonging to 
the people BAR.
Sec. 201. Appiicabie Law on Settiement of Disputes. — Acquisition and 
encumbrance of property done in accordance with customary practices, and 
settlement of disputes involving property rights and ownership shall be governed by 
the customary laws of the place where the property is located. The Regional Assembly 
shall enact a law in settlement of disputes matter of customs and traditions of 
indigenous people.
ARTICLE XX
AMENDMENTS OR REVISIONS
Sec. 202. Amendment or Revision. — Any amendment to, or revision of this Act 
may be made by Congress upon recommendation of the majority of all Members of 
the Regional Assembly.
Sec. 203. Effectivity of Amendment or Revision. — Any amendment to or revision 
of this Organic Act shall become effective when ratified by a majority of the votes cast 
in a plebiscite called for the purpose which shall be held not earlier than sixty (60) 
days nor later than ninety (90) days after the approval of such amendment or 
revisions.
ARTICLE XVIII 
TRANSITORY PROVISIONS
Sec. 204. Coverage of the Plebiscite. —The areas covered by the plebiscite shall 
be the provinces of Basilan, Sulu, and Tawi-Tawi. Any two or more provinces or cities 
voting favorably for this Organic Act in the plebiscite shall comprise the BAR while
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those voting unfavorably for this Organic Act in the plebiscite shall remain within their
2 
current region.
3 
The creation of BAR shall take effect when approved by a majority of the votes
4 
cast by the constituent units provided in Section 3, Article 11 of this Act, in a plebiscite
5 
which shall be held not earlier than three (3) months but not later than six (6) months
6 
after the effectivity of this Act: Provided, That only the provinces and cities voting
7 
favorably in such plebiscite shall be included in the BAR.
8 
Sec. 205. Date of Election. — Unless otherwise provided for by law, the election
9 
of the first set of officials of the Regional Government shall be held during the next
10 
local election following the ratification of this Organic Act in the plebiscite. Subsequent
11 
elections shall coincide with the nationwide local elections.
12 
Sec. 206. Residency Requirement for the First Election. — For purposes of the
13 
first regional election, candidates must have actually resided and must be registered
14 
voters in the region for at least one (1) year immediately preceding the election:
15 
Provided, That they meet all other qualifications and none of the disqualifications
16 
under Article V of this Organic Act.
17 
Sec. 207. Seat of the Regional Government — The seat of the Regional
18 
Government shall be determined by the majority of all members of the Regional
19 
Assembly: Provided, however. That the interim seat of the Regional Government shall
20 
be in the Province of Sulu.
21 
Sec. 208. Oversight Committee. —Within one (1) month from the organization
22 
of the Regional Government, an Oversight Committee composed of the executive
23 
secretary as Chairperson, the Secretary of the DBM, the BASULTA Regional Governor,
24 
the Regional Speaker of the Assembly, the Secretary of the Department of the Interior
25 
and Local Government, the Chairperson of NCIP as members, shall be organized for
26 
the purpose of supervising the transfer to the BAR of such powers and functions vested
27 
in it by this Organic Act and the appropriations of the offices or agencies including the
28 
transfer of properties, assets and liabilities, and all personnel of the line agencies and
29 
GOCCs that may be absorbed by the Regional Government and, with respect to the
30 
latter, also the terms and conditions of their turnover: Provided, That such transfer of
31 
powers and functions shall not result in any diminution of their compensation and
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other benefits: Provided Further, That the salaries of absorbed personnel shall
2 
continue to be funded by the national government.
3 
Within six (6) months after its organization, the oversight committee shall
4 
submit its report and recommendation to the President of the Philippines who shall
5 
act on the report and recommendations within ninety (90) days after receipt thereof:
6 
Provided, however. That if the President fails to act within said period, the
7 
recommendations of the Oversight Committee shall be deemed approved.
8 
Sec. 209. Government Aiiocations. — Over and above the regularly given to
9 
Local Government Units and regional line agencies, the national government shall
10 
continue its annual allotment to the Regional Government. In addition, the national
11 
government shall provide the BAR an annual assistance of Ten billion pesos
12 
(P10,000,000,000.00) for the first five (5) years and Five billion pesos
13 
(P5,000,000,000.00) for the next five (5) years to be allocated in the following
14 
manner:
15 
(a) Ninety percent (90%) of the annual subsidy for the Regional Government
16 
shall be invested exclusively for revenue generating projects; and
17 
(b) Ten percent (10%) of the annual subsidy shall remain with the Regional
18 
Government as Trust Fund.
19 
Sec. 210. Disciosure and Transparency. — Funds shall be available exclusively
20 
for the specific purpose for which they have been appropriated. Any officer of the BAR
21 
whose duty permits or requires the possession, custody and disbursement of the funds
22 
shall be accountable and responsible thereof. Financial records shall be kept, audited
23 
and made public annually or as often as may be necessary.
24 
Sec. 211. Direct Reiease ofLocai Government Units'Share. —The share of each
25 
LGU shall be released without need of any further action, directly to the provincial,
26 
city, municipal or barangay treasurer, as the case may be on a quarterly basis within
27 
five (5) days after the end of each quarter, and which shall not be subject to any lien
28 
or hold back that may be imposed by the Regional Government for whatever purpose.
29 
Sec. 212. Appropriations. —The sum of Two billion six hundred ninety-five
30 
million (P2,695,000,000) is hereby appropriated for the following purposes:
31 
(a) Twenty million pesos (PhP20,000,000.00) to be allotted to the Regional
32 
Development Council for the conduct of a well-coordinated inter-sectoral and
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inter-agency regional, provincial, municipal and barangay information
2 
campaign on this Act;
3 
(c) Twenty-Five million pesos (PhP25,000,000.00) to be allotted to the
4 
Commission on Elections;
5 
(d) Eighty million pesos (PhP80,000,000.00) to be allotted to the Regional
6 
Government for its initial organizational requirements; and
7 
(e) Two billion five hundred million (P2,500,000,000) for the construction of
8 
the Regional Government Center.
9 
The amount herein allotted to the Regional Development Council, and provinces
10 
under paragraph (a) shall be released upon the effectivity of this Organic Act.
11 
The BASULTA Development Council shall, with the assistance of the Philippine
12 
Information Agency, and in consultation with the provincial/city governments, the
13 
BASULTA Association of Regional Executives, and other key stakeholders, determine
14 
the manner of campaigning and the deputation of government agencies, non-
15 
government organizations and other stakeholders for purposes of conducting a well-
16 
coordinated information campaign within the first three (3) months after the passage
17 
of this Act.
18 
The amount of two billion six hundred ninety-five million (P2,695,000,000) as
19 
herein appropriated shall be charged against the Contingent Fund. Any deficiency
20 
thereof shall be taken from any available fund of the national government.
21 
Sec. 213. Separability Clause. — If any provision or part of this Organic Act is
22 
declared as invalid or unconstitutional, the remaining part or parts thereof not affected
23 
thereby shall remain valid and effective.
24 
Sec. 214. Repealing Clause. — All laws, decrees, orders, rules and regulations
25 
which are inconsistent with this Organic Act are hereby repealed, amended or modified
26 
accordingly.
27 
Sec. 215. Effectivity. —This Act shall take effect after fifteen (15) days after its
28 
publication in the Official Gazette and in a newspaper of general circulation. Thirty
29 
(30) days after the effectivity of this Act, it shall be published in the same
30 
aforementioned publication.
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32 
Approved,
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