Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO, 6263
Introduced by Rep. Mohamad Khalid

EXPLANATORY NOTE

President Rodrigo Roa Duterte’s Administration has signified their intention to
Puriue the Peace Agreement with the Moro Islamic Liberation Front (MILF). In
cognizance of the administration's policy direction towards a lasting peace in Mindanao,
the 17" Congress has identified the Bangsamoro Basic Law as priority legislation,

However, approval of the Bangsamoro Basic Law should be approached with
caution. In the advent of the war in Marawi City, and the prevalence of ISIS, ar other
forms of Islamic extremism, in the proposed Bangsamoro Territory, national security
should be of the foremost consideration. The Central Government should retain control
of all matters concerning peace and order and public safety,

Secondly, despite the development funds that have been poured into the ARMM,
Poverty remains persistent with its provinces ranking amongst the poorest in the
Philippines. The ARMM failed to deliver its promise of a better standard of living when
voted upon in the last plebiscite. Territories outside the political jurisdiction of ARMM
should not be subjected to an uncertain fate, let the Bangsamoro prove its capability in
eradicating poverty before expanding its territory.

Last, we can assume with certainty that terrorism thrives in the face of poverty.
The war against terrorism is also a war against poverty, For the government to succeed,
!t must provide public accountability and zero tolerance for corruption. For this purpose.
public spending and disbursement should remain directly under the jurisdiction of the
Commission of Audit, and a Deputy Ombudsman for the Bangsamoro should be created
to ensure that government officials in the Bangsamoro strictly adhere to the principles of
good governance.


This bill is aimed to address the concems of the MILF's Bangsamoro Agenda
Without sacrificing the national government's power to fight terrorism within the
Bangsamoro's jurisdiction, and ascertain the practice of good governance for the
Bangsamoro people.

In this light, the passage of this bill is earnestly sought.

LID Q. DIMAPORO
First District, Lanao del Norte


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS:
Second Regular Session

nouse un. xo, 6263
Introduced by Rep. Mohamad Khalid Q. Dimaporo

AN ACT PROVIDING FOR THE BASIC LAW FOR THE
BANGSAMORO AND ABOLISHING THE AUTONOMOUS REGION
IN MUSLIM MINDANAO, REPEALING FOR THE PURPOSE
REPUBLIC ACT NO, 9054, ENTITLED “AN ACT TO STRENGTHEN
AND EXPAND THE ORGANIC ACT FOR THE AUTONOMOUS
REGION IN MUSLIM MINDANAO, “AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

Preamble:

We, the Bangsamoro people and other inhabitants of the Bangsamoro, imploring
the aid of the Almighty, aspiring to establish an enduring peace on the basis of
justice in our communities and a justly balanced Society, and asserting our right
to conserve and develop our patrimony;

In consonance with the Constitution and the universally accepted principles of
human rights, liberty, justice, democracy, and the norms and standards of
international law, reflective of our system of life prescribed by our faith, and in
harmony with our customary laws, cultures and traditions.


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Affirming the distinct historical identity and birthright of the Bangsamoro people
to their ancestral homeland and their right to self-determination — beginning with
the struggle for freedom of their forefathers in generations past and extending to
the present — to chart their political future through a democratic process that will
Secure their identity and posterity, and allow for genuine and meaningful self-
governance as stipulated under the Comprehensive Agreement on the
Bangsamoro (CAB),

With the blessings of the Almighty, do hereby ordain and promulgate this
Bangsamoro Basic Law, through the Congress of the Republic of the Philippines,
‘as the basic law of the Bangsamoro that establishes the asymmetrical political
relationship with the Central Government founded on the principles of
subsidiarity and parity of esteem.

Article |
NAME AND PURPOSE

Section 1. Short Title. This law shall be known and cited as the “Bangsamoro
Basic Law”

Section 2, Name. ~ The name of the political entity under this Basic Law shall
be the Bangsamoro,

Section 3, Purpose. — The purpose of this Basic Law is to establish a political
entity, provide for its basic structure of government in recognition of the justness
and legitimacy of the cause of the Bangsamoro people and their aspiration to chart
their political future through a democratic process that will secure their identity
and posterity and allow for meaningful self-governance.


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Article 11
BANGSAMORO IDENTITY

Section 1. Bangsamoro People. — Those who at the time of conquest and
colonization were considered natives or original inhabitants of Mindanao and the
Sulu archipelago and its adjucent islands including Palawan, and their
descendants, whether of mixed or of full blood, shall have the right to identify
themselves as Bangsamoro by ascription or self-ascription, Spouses and their
descendants are classified as Bangsamoro.

Section 2, Freedom of Choice. — The freedom of choice of other indigenous
peoples shall be respected,

Section 3. Bangsamoro Symbol. — The Bangsamoro Parliament shall adopt the
official flag, emblem and anthem of the Bangsamoro.

Article TL
TERRITORY

Section 1. Definition of Territory ~ Territory refers to the land mass as well as
the maritime, terrestrial, fluvial and alluvial domains, and the aerial domain
above it. The Bangsamoro territory shall remain a part of the Philippines,

Section 2. Core Territary — The core territory of the Bangsamoro shall be
‘composed of the present geographical area of the Autonomous Region in Muslim
Mindanao,


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In order to ensure the widest acceptability of the Bangsamoro Basic Law in the
ore areas above-mentioned, a populur ratification shall be conducted among all
the Bangsamoro within the areas for their adoption,

Section 3. Inland Waters. — All inland waters, such as lakes, rivers, river
systems, and streams within the Bangsamoto territory except Lake Lanao, shall
be part of the Bangsamoro, The preservation and management thereof shall be
under the jurisdiction of the Bangsamoro Government,

Section 4. Bangsamoro Waters — The Bangsamoro waters shall extend up to
22.224 kilometers (12 nautical miles) from the low-water mark of the coasts that
are part of the Bangsamoro territory, The Bangsamoro Waters shall be part of the
territorial jurisdiction of the Bangsamoro political entity.

Where a constituent local government unit of the Bangsamoro and an adjoining
local government unit are so situated on the opposite shores such that there is
thirty (30) kilometers of waters or less between them, a line equally distant from
the opposite shores shall be drawn to demarcate the Bangsamoro Waters and the
municipal waters of the adjoining local government unit.

Should they be so situated that there is more than thirty (30) kilometers but less
than 37.224 kilometers of waters between them, a line shall be drawn at the edge
of the 15 kilometers municipal waters of the adjoining local government unit 10
demarcate it from the Bangsamoro Waters,

‘Ten years after the Passage of this Basic Law, the Central Government and the
Bangsamoro Government shall discuss the enhancement of the area of the
Bangsamoro Waters through the necessary processes and modalities


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Section 5. Constituent Units. — The provinces, cities, municipalities, barangays
and geographical areas within its territory shall be the constituent units of the

Bangsamoro.

Section 6, Collective Democratic Rights of the Bangsamoro People. - The
collective rights of the constituents of the Bangsamoro shall be recognized.

Article 1V
GENERAL PRINCIPLES AND POLICIES

Section 1. Self-Governance. In the exercise of its right to self-governance and
self-determination, the Bangsamoro is free 10 pursue its economic, social and
cultural development.

Section 2. Democratic Political System. The Bangsamoro Government shall be
Parliamentary. Its political system is democratic, allowing its people to freely
Participate in the political processes within its territory.

Section 3, Electoral System. - The Bangsamoro Government shall adopt an
electoral system suitable to 4 ministerial form of government, which shall allow
democratic participation, encourage formation of genuinely principled political
parties, and ensure accountability

Section 4. Civilian Government, Governance in the Bangsamoro is the
responsibility of the duly-elected civilian government, Civilian authority is, at all
fimes, supreme over the military


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Section 5. Promotion of Unity. The Bangsamoro Government shall promote
unity, peace, justice, and goodwill among all peoples, as well as encourage a just
and peaceful settlement of disputes.

‘The Bangsamoro abides by the principle that the country renounces war as an
instrument of national policy, adopts the generally accepted principles of
International law as part of the law of the land and adheres to the policy of peace,
equality, justice, freedom, cooperation, and amity with all nations.

Section 6, Promotion of Right. - The Bangsamoro shall adhete to the principle
of enjoining what is right and forbidding what is wrong.

Section 7, Social Justice. - The Bangsamoro shall establish a government that
ensures that every citizen in the Bangsamoro is provided the basic necessities and
equal opportunities in life, Social Justice shall be promoted in all phases of
development and facets of life within the Bangsamoro,

Section 8. International Treaties and Agreements. - The Bangsamoro
Government shall respect and adhere to all international treaties and agreements
binding upon the Central Government.

Article V
POWERS OF GOVERNMENT


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Section 1. Reserved Powers, — Reserved powers are matters over which
authority and jurisdiction are retained by the Central Government. The Central
Government shall exercise the following reserved powers

1, Foreign policy:

2 Coinage and monetary policy;
4. Postal service;

4, Citizenship and naturalization;
5. Immigration;

6 Customs and tariff as qualified by Section 2(10), Article V of this Basic
Law;

7. Common market and global trade, provided that the power to enter into
economic agreements given to the ARMM under R.A. 9054 is hereby
transferred to the Bangsamoro Government as provided in Article XI,
Section 25 of this Basic Law; and

& Intellectual property rights.
Section 2. Concurrent Powers. - Concurrent Powers shall refer to the powers

shared between the Central Government and the Bangsamoro Government within
the Bangsamoro, as provided in this Basic Law.


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‘The Central Government and the Bangsamoro Govemment shall exercise shared
Powers within the Bangsamoro on the following matters:

Social security and pensions, ~ The Bangsamoro Government may organize its
own social security and pension systems alongside the existing Central
Government social security and Pension systems.
The Bangsamoro Government and the Central Government through the
intergovernmental relations mechanism, and other consultative Processes
shall, among others, ensure that the investment of the contributions from the
members from the Bangsamoro in the Central Government social security
and pensions is responsive to their cultural and religious sensitivities
The future relationship of the Central Government system with the
Bangsamoro Government system with tespect to new government
employees and other qualified individuals in the Bangsamoro shall be
further provided for in law duly enacted for the purpase

1 Quarantine — There is hereby created an office for quarantine services in
the Bangsamoro, It shall cooperate and coordinate with its counterpart
offices in the Central Government.

2. Land Registration. — The Bangsamoro Government, in accordance with the
land registration system of the Central Government, shall administer land
registration in the Bangsamoro territory through an office it shall create for
this purpose. The Bangsamoro Government shall furnish copies of the titles,
deeds and other instruments to the relevant Central Government agencies.
‘The Bangsamoro Government can act on consultas.


Provided, however, that the Central Government shall retain the authority to
declare land of the public domain as alienable and disposable and that the
Jand subject of application for registration,

‘The Bangsamoro Government may institute Processes to promote more
efficient registration of lands within the Bangsamoro,

Pollution comrol -The Central Government and the Bangsamoro
Government agencies shall cooperate and coordinate through the
intergovernmental relations mechanism on pollution control matters

Human rights and humanitarian protection and promotion. — Subject to
compliance to existing international agreements, the Bangsamoro
Government may organize its own bodies for human rights and
humanitarian protection and promotion that will work cooperatively with
televant national institutions.

. Penology and penitentiary. ~The Central Government and the Bangsamoro.

Government institutions shall cooperate and coordinate through the
intergovernmental relations mechanism on the matter of granting parole and
recommending to the President the grant of executive clemency. The
Bangsamoro Government shall create an office that shall administer the
parole system and recommend the grant of executive clemency to the Office
of the President.

‘The Bangsamoro Government may create and manage juils, penal colonies,
and other facilities. It shall ensure the compatibility of these facilities with
the national jail management and Penitentiary system, through the


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intergovernmental relations mechanism. These facilities are understood to
be part of the country’s administration of justice.

Cwil Service. ~ The Bangsamoro Government shall develop and administer
4 professional civil service corps, to include the powers and privileges on
civil service matters provided in RA. No. 9054, and without prejudice to
the power, authority, and duty of the national Civil Service Commission.

‘There is hereby created a Bangsamoro Civil Service office that shall develop
and administer @ professional civil service corps, without prejudice to the
power, authority and duty of the national Civil Service Commission. The
Bangsamoro Government shall enact a civil service law for this purpose
‘This law shall govern the conduct of civil ‘servants, the qualification for non-
elective positions, adopt the merit and fitness system, and protect civil
Service eligibles in various government positions, including government-
owned and/or controlled corporations with original charters, in the
Bangsamoro. The Bangsamoro Government shall have primary disciplinary
authority over its own officials and employees.

. Coastguard ~The Central Government shall have Primary responsibility

Over coastguard matters. The Central Government and the Bangsamoro
Government shall cooperate and coordinate through the intergovernmental
relations mechanism.

Customs and Tariff ~The Bangsamoro Government and the Central
Government shall cooperate and coordinate through the intergovernmental
relations mechunism with regard to the enforcement of customs and tariff
laws and regulations to ensure the effective exercise of its powers on barter


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tmde und countertrade with ASEAN countries as well as the regulation of
the entry of haram goods in the Bangsamoro territorial jurisdiction

9. Administration of justice. ~ Administration of ‘justice shall be in accordance
with the relevant provisions of this Basic Law and with due regard to the
Powers of the Supreme Court and the competence of the Bangsamoro
Government over Shari'ah courts and the Shari'ah justice system in the
Bangsamoro, ‘The supremacy of Shariah and its application shall only be to
Muslims,

10, Funding for the maintenance of national roads, bridges, airports, seaports
and irrigation systems. ~ The Central Government shall be responsible for
the finding, construction and maintenance of national roads, bridges
airports, seaports and irrigation systems in the Bangsamoro and shall include
in the National Road Network Information System all national roads and
bridges in the Bangsamoro. There shall be coordination through the
intergovernmental relations mechanism between the relevant Central
Government and Bangsamoro Govemment agencies on the Central
Government on the matter of national roads, bridges, and irrigation systems
within the Bangsamoro,

The Bangsamoro Government shall submit Proposals to the appropriate
national goverment agency for the inclusion of the cost of such
maintenance in the latter’s budget that shall be submitted to Congress for
inclusion in the Gener! Appropriations Act. Funding for national roads,
bridges, and irrigation systems shall be regularly released to the relevant
department of the Central Government,


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11, Disaster risk reduction and management, — The Bangsamoro Government
shall haye primary responsibility over disaster risk reduction und
management within the Bangsamoro. There shall be cooperation and
coordination among relevant Central Government and Bangsamoro
Government agencies on disaster risk reduction and management. There is
hereby created a Bangsamoro Disaster Risk Reduction and Management
Council (BDRRMC), with powers and finctions that shall be defined by the
Bangsamoro Parliament in a law on disaster preparedness and response. The
BDRRMC shall formulate the Bangsamoro Disaster Risk Reduction and
Management Plan, which shall complement the National Disaster Risk
Reduction and Management Framework and Plan of the Central
Government. Additionally, the BORRMC, through its Chair, the Chief
Minister, may recommend to the President the mobilization of resources of
national defense in times of disasters in the Bangsamoro.

Section 3. Exelusive Powers. - Exclusive powers are matters over which
authority and jurisdiction shall pertain to the Bangsamoro Government. The
Bangsamoro Government shall exercise these powers over the following matters
within the Bangsamoro:

1. Agriculture, livestock and food security;
2 Economic and cultural exchange;
3 Contract Joans, credits, and other forms of indebtedness with any

government or private bank and other lending institutions, except those
fequiring sovereign guaranty, which require Central Government approval;


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4. ‘Trade, industry, investment, enterprises and regulation of businesses taking

into consideration relevant laws;

5, Labor, employment, and occupation;

6 Registration of business names, with the Bangsamoro Government listing

these in the Philippine Business Registry for business names:

7. Barter trade and countertrade with ASEAN countries:

8. Economic zones and industrial centers;

9 Free ports. ~ The Bangsamoro Government may establish free ports in the

Bangsamoro. The Bangsamoro Government shall cooperate with the Central
Government through the intergovernmental relations mechanism on
‘customs, immigration, quarantine service, and international commitments.
Business and other enterprises operating within the Bangsamoro free ports
Shall be entitled to the fiscal incentives and other benefits provided by the
Central Government to special economic zones. Bangsamoro free ports shall
be contiguous/adjacent to seaport or airport within the Bangsamoro;

10. Tourism;

11, Creation of sources of revenue ~The Bangsamoro Government may pass
laws creating souces of revenue except those which are under the Central
Government in exercise of its soveireignity such as but not limited to income
14x, passport fees and other fees relating to citizenship,


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12. Budgeting:

13. Financial and banking system ~ This is without prejudice to the power of
Supervision of the Bangko Sentral ng Pilipinas (BSP) and provided further
that the Bangsamoro Government, the BSP. the Department of Finance
(DOP), and the National Commission on Muslim Filipinos (NCMF) shall
Jointly promote the development of the Islamic banking system, to include
among others the establishment of a Shari'ah supervisory board;

14.Establishment of government-owned and/or controlled corporations
(GOCCS) and financial institutions. — The Bangsamoro Government shall
legislate and implement the creation of its own GOCCS in the pursuit of the
common good, and subject to economic viability. The GOCCs shall be
registered with the Securities and Exchange Commission or shall be
established under legislative charter by the Bangsamoro Government;

15.The Bangsamoro Government shall have authority to regulate power
generation, transmission, and distribution operating exclusively in the
Bangsamoro and not connected to the national transmission grid It shall
Promote investments, domestic and international, in the power sector
industry in the Bangsamoro. Power plants and distribution networks in the
Bangsamoro shall be able to interconnect and sell power over the national
transmission grid to electric consumers. The Bangsamoro Government may
assist electric cooperatives in accessing funds and technology, to ensure
their financial and operational viability. When power generation,
Wansmission, and distribution facilities are connected to the national
transmission grid the Central Government and the Bangsamoro
Government shall cooperate and coordinate through the intergovernmental
relations mechanism;


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16. Public utilities operations in the Bangsamoro - In case of inter-regional
utilities, there shall be cooperation and coordination among the relevant
government agencies;

17. Receive grants and donations;

18. Education and skills training:

19. Science and technology:

20, Research councils and scholarships;
21. Culture and language:

22. Sports and recreation;

23, Regulation of games and amusement operations within the Bangsamoro;

24. Libraries, museums, lustorical, cultural and archaeological sites. — The
Bangsamoro Government shall have the power to establish its own libraries
and museums, and declare historical and cultural sites within the
Bangsamoro territory, The Central Government Shall retain the management
of such sites currently under the jurisdiction of the National Museum,
National Historical Commission, and other agencies of the Centml
Government, but shall coordinate with the Bangsamoro Government or
local governments therein following certain processes through the
intergovernmental relations mechanism, With regard to archaeological sites,
the Bangsamoro Government shall coordinate with relevant agencies of the


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Central Government on the regulation, excavation, preservation, and
exportation of cultural properties, as well as on the recovery of lost historical
and cultural artifacts:

25, Regulations on manufacture and distribution of foods, drinks, drugs and
tobacco for the welfare of the Bangsamoro;

26, Hay and Umrah. ~ The Bangsamoro Goverment shall have primary
Jurisdiction over Hajj and Umrah matters affecting pilgrims from within the
Bangsamoro, The Central Government shall have competence over Hajj and
Umrah matters affecting pilgrims coming from outside the Bangsamoro.
There is hereby created a Bangsamoro pilgrimage authority that shall act in
close coordination with Central Government on aij and umrah matters
involving offices and agencies outside the Bangsamoro;

27. Customary laws;
28. Declaration of Bangsamoro holidays;

29. Ancestral domain and natural resources;

30.Protection of the rights of the indigenous people in the Bangsmoro in
accordance with the United Nations Declaration on the Rights of Indigenous
Peoples, and taking into account in addition to economic and geographical
criteria, their individual and communal Property nights, cultural integrity,
customary beliefs, historical and community traditions. The Bangsamoro
Parliament shall create an appropriate office or ministry for the Indigenous
Peoples. which shall be part of the Bangsamoro Cabinet to develop and


implement the Bangsamoro programs for the indigenous peoples in
accordance with # law passed by the Parliament, which are not inconsistent
with the existing National laws;

31. Land management, land distribution. and agricultural land use
reclassification. — The classification of public lands into alienable and
disposable lands shall be initiated and recommended by the Bangsamoro
Government to the President for the timely implementation of Bangsamoro
development plans and targets;

32.Cadastral land survey. ~ The Bangsamoro Government shall have the
authority to conduct cadastral surveys, lot surveys, and isolated and special
Surveys in the Bangsamoro, subject to the conditions in Section 2 (2) hereof,
The Bangsamoro Government shall furnish the results of these surveys to,
and coordinate with, relevant Central Government agencies to effect
inclusion into national cadastral survey,

33. Expropriation and eminent domain;

34.Environment, parks, forest management, witdlife, nature reserves and
conservation. ~ The Bangsamoro Government shall have the authority to
Protect and manage the environment. It shall have the power to declare
yhature reserves and aquatic parks, forests, and watershed reservations, and
other protected areas in the Bangsamoro:

35. Inland waterways for navigation;

36 Inland waters;


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37. Management, regulation and conservation of all fishery, marine and aquatic
Fesources within the Bangsamoro territorial jurisdiction;

38, Bangsamoro settlements;

39. Shari ‘ah courts and Shari'ah justice system;

+0. Public administration and bureaucracy for the Bangsamoro,

41. Health, provided that the Central Government and the Bangsamoro
Government shall cooperate with and assist each other in the prevention and
control of epidemic and other communicable diseases;

42.Social services, social welfare and charities;

43. Waste Management;

44. Establishment and supervision of humanitarian ‘Services and institutions;

45. Identification, generation and mobilization of international human resources
for capacity building and other activities involving the same within the
Bangsamoro. The Central Government shall cooperate with and assist the
Bangsamoro Government towards ensuring access to such relevant human
resources through the intergovernmental relations mechanism;

46. Establishment of swgaf (endowment) and charitable trusts;

47. Hisbah office for accountability as part of the Shari ‘ch justice system;


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48, Registration of births, marriages, and deaths, copies of which shall be
forwarded to the Philippine Statistics Authority;

49. Housing and human settlements:

50, Development planning — The Bangsamoro Government has the power to
approve its development plan which must be in accordance to the Philippine
Development Plan;

51. Urban and rural development;

Water supplies and services, flood control and irrigation systems in the
Bangsamoro, provided that with regard to water supplies and services, flood
control and irrigution systems that connect to or from facilities outside the
Bangsamoro. there shall be cooperation and coordination between the
Bangsamoro Government and the appropriate Central or local government
bodies;

52. Public works and highways within the Bangsamoro;

53, Establishment of appropriate mechanisms for consultations for women and
marginalized sectors:

54. Special development programs and laws for women, the youth, the elderly,
labor, the differently-abled, and indigenous cultural communities;

55. Local admiistration, municipal corporations and ather local authorities
including the creation of local governments. The Bangsamoro


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Government shall manage and build its own bureaucracy and administrative
Organization. in accordance with the ministerial form of government;

The Bangsamoro Parliament may create, divide, merge, or abolish
boundaries of provinces, cities, municipalities or barangays in accordance
With a law enacted by the Bangsamoro Parliament, and subject to the
spproval by a majority of the votes cast in a plebiscite in the political units
directly affected. Subject to the criteria provided in said law, the
Bangsamoro Parliament may likewise create appropriate local government
units in the areas inhabited predominantly by indigenous peoples;

However, when such acts require the creation ofa congressional district, the
Bangsamoro Government shall cooperate and coordinate with Central
Government through the Philippine Congress — Bangsamoro Parliament
Forum to prioritize the deliberations on the creation of the congressional
district; and

56. Establishment or creation of other institutions, Policies and laws for the
general welfiire of the people in the Bangsamoro,

Section 4. Other Exclusive Powers. The following powers and competencies
Previously granted to the Autonomous Region in Muslim Mindanao (ARMM)
under R.A. No. 6734, as amended by R.A. No. 9054, are hereby transferred to
the Bangsamoro Government as part of its exclusive powers:

a. To regulate and exercise authority over foreign investments exclusively
within its jurisdiction. The Central Government may intervene in such
matters only if national security is involved:


b. To proclaim a state of calamity over its territorial jurisdiction or parts
thereof whenever typhoons, flash floods, earthquakes, tsunamis, or other
natural calamities cause widespread damage or destruction to life or
Property in the region. The state of calamity proclaimed by the Chief
Minister shail only be for the purpose of maximizing the efforts to rescue
imperiled persons and property and the expeditious rehabilitation of the
damaged area;

c To temporarily take over of direct operation of any privately-owned public
utility or business affected with public interest, in times of state of calamity
declared by the Chief Minister, when the public interest #0 requires and
lunder such reasonable terms and safeguards as may be prescribed by the
Parliament. However. the Bangsamoro Government may not sell or
dispose of the assets of any privately-owned public utility or business
affected with public interest during its temporary take-over, The public
utility ‘or business concerned may contest the take-over of its operations by
the Bangsamoro Government by filing a proper case or petition with the
Court of Appeals;

4 To recognize constructive or traditional Possession of lands and resources
by indigenous cultural communities subject to Judicial affirmation, the
Petition for which shall be instituted within a period of ten (10) years from
the effectivity of this Basic Law. The procedure for judicial affirmation of
imperfect titles under existing laws shall, as far as practicable, apply to the
judicial affirmation of titles to ancestral lands:

« To adopt and implement a comprehensive urban land reform and land use
Program, to ensure the just utilization of lands within its jurisdiction;


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{. The Bangsamoro Parliament shall have the following powers:

L ‘To enact legislation on the rights of the people of the Bangsamoro to
initiate measures for the passage, amendment or repeal of regional or
local legislation; to be consulted on matters that affect their
environment, to call for a referendum on important issues affecting
their lives; and, to recall regional or local officials:

2 To conduct inquiries or public consultations in aid of legisiation in

accordance with its rules. In connection therewith. it shall have the
Power to issue subpoena or subpoena duces tecum to compel the
attendance of witnesses and the production of papers, documents, or
things by witnesses or persons under investigation by the Parliament,
itself, or by any of its committees. {t shall also have the right to cite
Witnesses of persons under investigation for contempt for refusal to
testify before it or before any of its committees or to produce papers.
documents or things required by the Parliament or any of its
committees ‘The rights of persons appearing in or affected by such
inquiries shall be respected;

3. To enact a law that would allow the Chief Minister, Speaker of the

Parliament and the Presiding Justice of the Bangsamoro Shari'ah High
Court to augment any item in the Bangsamoro General Appropriations
Law for their respective offices from savings in other items of their
fespective appropriations;


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4 To enact a law that shall regulate the grant of franchises and
Soncessions, and empower the Chief Minister to grant leases, permits,
and licenses over agricultural lands and for forest management;

To create pioneering firms and other business entities needed to boost
economic development in the Bangsamoro:

To establish and operate pioneering public utilities in the interest of
regional welfire and security. Upon payment of just compensation, it may
cause the transfer of the ownership of such utilities to cooperatives or other
collective organizations;

‘To support and encourage the building up of entrepreneurial capability in
the Bangsamoro and to recognize, promote, and protect cooperatives:

To supervise and regulate private schools in the Bangsamoro and 10 allow
for the participation of three (3) Tepresentatives of private schools in the
deliberations of the appropriate Bangsamoro Government's ministry or
office on mutters dealing with private schools;

‘To be represented in the board of the state universities and colleges (SUCs)
in the Bangsamoro by the Chair of the appropriate committee of the
Bangsamoro Parliament, either as co-chair or co-vice chair The SUCs
within the Bangsamoro shall be considered part of the Bangsamoro
educational system, This notwithstanding, these SUCs shall enjoy
‘academic freedom and fiscal autonomy and shall continue to be governed
by their respective charters:


23

| To jointly supervise and assist the Central Government, through the
Appropniate ministry, the accredited madaris in the Bangsamoro;

m. To conduct periodic competitive qualifying examinations of madaris
teachers for permanent appointments to the Bangsamoro education system;

a To adopt measures to protect and promote the rights of people's
organizations and other collective organizations;

©. ‘To adopt measures for the protection of the youth in the Bangsamoro and
the promotion of their welfare, and to create the appropriate office and
other mechanisms for the implementation of such measures;

Pp. To enforce the policy of appointment or designation of any member of the
Armed Forces of the Philippines in the active service to a civilian position
in the Bangsamoro Government, including government-owned and/or -
controlled corporations, or in any of their subsidiaries or instrumentalities
within the Bangsamoro.

Article VI
INTERGOVERNMENTAL RELATIONS

Section tL. Asymmetric Relationship. — The relationship between the Central
Goverment and the Bangsamoro Government shall be asymmetric. This is
reflective of the recognition of their Bangsamoro identity, and their aspiration for
self-governance. This makes it distinct from other regions and other local
governments,


eect one e we

Section 2. Parity of Esteem. — The Central Government and the Bangsamoro
Government shall be guided by the principles of parity of esteem and accepted
norms of good governance. The Central Government shall respect the exercise of
competencies and exclusive powers of the Bangsamoro Government. The
Bangsamoro Government shall respect the exercise of the competencies and
reserved powers of the Central Government under the present laws and Philippine
Constitution.

Section 3. General Supervision, Consistent with the principle of autonomy and
the asymmetric relation of the Central Government and the Bangsamoro
Government, the President shall exercise general Supervision over the
Bangsamoro Government to ensure that laws are faithfully executed.

Section 4. Intergovernmental Relations Mechanism, — The Central
Government and the Bangsamoro Government shall establish a mechanism at the
highest levels that will coordinate and harmonize their relationships. For this
Purpose, @ primary mechanism shall be a Central Government — Bangsamoro
Government Intergovemmental Relations Body {0 resolve issues on
micrgovernmental relations. All disputes and issues relating to these
intergovernmental relations shall be resolved through regular consultations and
continuing negotiations in a non-adversarial manner.

‘The Intergovernmental Relations Body shall exhaust all means to resolve all
issues brought before it. Unresolved issues shall be elevated to the President,
through the Chief Minister.

The Central Government shall appoint a head to represent the Central
Government. The Bangsamoro Government shall have a Minister who shall sit


2

in this body. representing the Bangsamoro Government. The body shall be
supported by a joint secretariat.

Section 5, Council of Leaders. — The Bangsamoro Council of Leaders shall
consist of the Chief Minister. provincial governors, mayors of chartered cities,
and representatives from the non-Moro indigenous communities, women, settler
Communities, and other sectors. The Bangsamoro Council of Leaders shall be
chaired by the Chief Minister, The Council shall advise the Chief Minister on
‘mutters of governance in the Bangsamoro. The representation of the nan-Moro
indigenous communities shall be Pursuant to their customary laws and indigenous
processes.

The mechanism of representation and number of representatives shall be
determined by the Parliament.

Section 6. Devolution and Subsidiarity. ~The Central Government and the
Bangsamoro Government ‘accept the concept of devolution as inspired by the
principles of subsidiarity. Decisions are to be made at the appropriate level to
ensure public accountability and transparency, and in consideration of good
govermance and the general welfare

Section 7, Bangsamoro Government and Its Constituent Local Government
Units, — The provinces. cities, municipalities, barangays, and geogmphic areas
within its territory shall be the constituent units of the Bangsamoro. The authority
to regulate on its own responsibility the affitirs of the local government units is
guaranteed within the limit of this Basic Law. The Local Government Units shall
continue to exercise the powers granted to them as provided by law. For good
governance, the Bangsamoro Parliament may enact a Local Government Code.


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Section 8. Philippine Congress - Bangsamoro Parliament Forum. - There
shall be a Philippine Congress-Bangsamoro Parliament Forum for Purposes of
‘Sooperation and coordination of legislative initiatives.

Section 9. Bangsamoro Participation in Central Government. — It shall be
the policy of the Central Government to 4ppoint competent and qualified
inhabitants of the Bangsamoro in the following offices in the Central
Government: at least one (1) Cabinet Secretary; at least one (1) in each of the
other departments, offices and bureaus, holding executive, primarily confidential,
highly technical, policy-determining positions: and one (1) Commissioner in cach
of the constitutional bodies,

The recommendations of the Bangsamoro Government shall be channeled
through the intergovernmental relations mechanisms.

Section 10. Assistance to Other Bangsamoro Communities. — The Central
Government shall ensure the protection of the rights of the Bangsamoro people
residing outside the territory of the Bangsamoro and undertake programs for the
rehabilitation and development of their communities outside of their geographical
coverage. The Bangsamoro Government may provide assistance to their
Sommumnitics to enhance their economic, social and cultural development. In this
regard, the Bangsamoro Government shall include in its priorities the creation of
an office for Bangsamoro communities outside of the Bangsamoro territory

Article VII
THE BANGSAMORO GOVERNMENT

Section 1. Seat of Government. — The Bangsamoro Parliament shall determine
the seat of the Bangsamoro Government anywhere within the Bangsamoro


7

territory.

Section 2 Powers of Government. — The powers of government shall be vested
in the Bangsamoro Parliament, which shall exercise those powers and functions
expressly granted to it in this Basic Law, and those necessary for or incidental to
the proper governance and development of the Bangsamoro It shall set policies,
legislate on matters within its authority, and elect a Chief Minister, who shall
exercise executive authority in its behalf.

Section 3. Legislative Authority, — The Bangsamoro Parliament shall tueve the
authority to enact laws on matters that are within the powers and competencies
of the Bangsamoro Government,

Section 4. Executive Authority. - The executive function and authority shall be
exercised by the Cabinet, which shall be headed by a Chief Minister. The Chief
Minister who heads the ministerial government of the Bangsamoro shall be
elected by a majority vote of the Parliament from among its members.

The Chief Minister shall appoint the Deputy Chief Minister from among the
Members of Parliament, and the members of the Cabinet, majority of whom shall
also come from the Parliament.

Bangsamoro Parliament

Section 3. Composition, — The Parliament shall be composed of at least cighty
(80) members, who are representatives of political parties elected through a
System of proportional representation, those elected from single member districts
and to reserved seats 10 represent key sectors in the Bangsamato, except as
otherwise provided under this Article


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Section 6. Classification and Allocation of Seats. — The seats in the
Bangsamoro Parliament shall be classified and allocated as follows:

ety

2)

(3)

District Seats. ~ Forty percent (40%) of the Members of Parliament shall
be elected from single member parliamentary districts apportioned for the
areas and in the manner provided in the Appendix of this Basic Law.

‘The Bangsamoro Parliament may by law undertake redistricting in order
{0 ensure a more equitable representation of the constituencies in the
Bangsamoro Parliament.

‘The district representatives shall be elected through direct, plurality vote
by the registered voters in the parliamentary districts

Party Representatives. — Fifty percent (50%) of the Members of Parliament
shall be representatives of political parties who win seats through a system
of proportional representation based on the whole Bangsamoro territory
Parties shall submit their respective list of approved candidates prior to the
election,

Reserved Seats; Sectoral Representatives’ ~ Sectoral representatives,
constituting ten percent (10%) of the Members of Parliament, including
two (2) reserved seats cach for non-Moro indigenous communities and
settler communities. Women, youth, traditional leaders and the wlama
shall cach have a reserved seat,

28 ‘The Bangsamoro Parliament shall determine the manner of election of sectoral
and other representation in the Parliament.

29


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Section 7. Election for Reserved Seats for Non-Moro Indigenous Peoples. —
Notwithstanding the immediately Preceding sections, reserved seats for the non-
Moro indigenous peoples, such as, Teduray. Lambangian, Dulangan Manobo,
Blan and Higaonon, shall be pursuant to their customary laws and indigenous
processes based on the following

a. Primacy of customary laws and practices;

b. Primacy of consensus building:

Acceptability of the community;
4. Inclusivity and full participation:

© Representation of the collective interests and aspirations of non-Moro
indigenous peoples:

f. Sustainability and Strengthening of Indigenous Political Structures:
8 Track record and capability; and
he Gender equity

Section 8, Election of the Representatives of the Settlers, Women, Youth and
Traditional Leaders. - The Bangsamoro Transition Authority (BTA) shall define
the manner of election for the representatives of the settlers, women, youth, and
traditional leaders.


SN awe

Section 9. Regional Parties. — A free and open regional party system shall be
allowed to evolve according to the free choice of the people. Towards this end,
only regional political parties duly uccredited by the Bangsamoro Electoral
Office may Participate in the parliamentary elections in the Bangsamoro.

Section 10, Redistricting. ~The Purliament shall have the power to reconstitute,
by law, the parliamentary districts apportioned among the provinces, cities,
municipalities, and geographic areas of the Bangsamoro to ensure equitable
representation in the Parliament. The redistricting, merging or creation, of
Parliamentary districts shall be based on the number of. inhabitants and additional
Provinces, cities, municipalities, and geographic areas, which shall become part
of the territories of the Bangsamoro Government.

For the purpose of redistricting, parliamentary districts shall be apportioned based
on population and geographical area; Provided that each district shall comprise,
4s fir us practicable, contiguous, compact, and adjacent territory and should have
at least a population of one hundred thousand (100,000).

Section 11. Bangsamoro Electoral Code. — The Bangsamoro Transition
Authority shall enact the Bangsamoro Electoral Code, which shall be correlated
to national election laws, insofar us these are consistent with this Basic Law. The
clectoral system shall allow democratic participation, ensure accountability of
public officers primarily to their constituents and encourage formation of
genuinely principled political parties,

‘There is hereby created a Bangsamoro Electoral Office which shall be a part of
the Commission on Elections. and which shall perform the functions of the
Commission on Elections in the Bangsamoro. ‘The Bangsamoro Parliament shall
Submit a list of three (3) recommendees to the President, who shall choose and


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appoint from among them the Director General, who shall head the Office. In
addition to enforcing national election laws in the Bangsamoro, the Bangsamoro
Electoral Office shall likewise implement the Bangsamoro Electoral Code
enacted by Parliament in the Bangsamoro, and shall perform the following
functions:

1, Register and accredit regional political parties;

2 In relation to plebiscite for Joining the Bangsamoro, receive
Petitions/resolutions to join from geographic areas;

3. Schedule plebiscites for expansion; and

4. Prepare rules and regulations for Bangsamoro elections and plebiscites,
for the promulgation of the Commission on Elections. All rules and
regulutions governing Bangsamoro elections and plebiscites shall
emanate fom the Bangsamoro Electoral Office.

Section 12. Budget for the Bangsamoro Electoral Office. — The budget for the
Bangsamoro Electoral Office shall be included in the appropriations for the
Commission on Elections.

Section 13. Term of Office. - The term of office of members of Parliament shall
be three (3) years, without Prejudice for the Bangsamoro Transition Authority
(BTA) to include in the Election Code a new term of office.

No member shall serve for more than three (3) consecutive terms.

Section 14. Qualifications. - No Person shall be a Member of Parliament unless
he or she is citizen of the Philippines, at least twenty-five (25) years of age on the
day of the election, able to read and write, and a registered voter in the
Bangsamoro.


‘The Youth representative shall not be less than cighteen (18) years and not more
than forty (40) years of age at the time of his/her election.

For district representitives, he or she must be a registered voter of the district in
which he o she is a candidate on the day he or she files his or her certificate of
candidacy, and has resided in said district for at least three (3) yeurs immediately
preceding the day of the election.

For the first regular elections immediately following the enactment of the
Bangsamoro Basic Law, the abovementioned residency requirement shall be
reduced to one (1) year immediately preceding the day of the election

Section 15. Salaries of Parliament Members. — The Bangsamoro Parliament
shall determine the salaries and emoluments of its members. No increase in said
compensation shall take effect until after the expiration of the full term of all the
members of the Bangsamoro Parliament approving such increase.

For the first Bangsamoro Parliament, salaries and emoluments of its members
shall be determined by law passed by the Bangsamoro ‘Transition Authority
(BTA)

Members of the Bangsamoro Parliament shall not receive during their tenure
other salary and emoluments from the Bangsamoro Government or from the
Central Government except as provided by law or regulations from the
Bangsamoro Parliament.

Section 16, Disclosure. — Members of the Bangsamoro Parliament shall, upon
their assumption to office, make full disclosure of thei financial and business
interests, including those of their spouses and children. They shall notify the


Bangsamoro Parliament of any potentia! conflict of interest that may arise from
the filing of bills or resolutions of which they are authors.

Any member found guilty of non-disclosure as required under this Section may
be subject to disciplinary action by the Bangsamoro Parliament in accordance
with its Rules and without prejudice to his/her other liabilities under the law.

Section 17, Prohibition against Conflict of Interest. — The Chief Minister,
Deputy Chief Minister and all the members of the Bangsamoro Parliament,
during their term, shall not engage, directly or indirectly, in any business or
commercial enterprise where there may be a conflict of interest in the exercise of
12 the functions of their respective offices

13 No member of the Bangsamoro Parliament may personally appear as counsel
14 before Courts of justice or quasi-judicial and other administrative bodies. Neither
1 shall the member directly or indirectly, be interested financially in any contract
16 with, or in any franchise or special privilege granted by the Central Government
17 or by the Bangsamoro Government or any subdivision, agency or instrumentality
18 thereof, including any government-owned-or- controlled corponttions or its
19 subsidiary, during his or her term of office. ‘The member shall not intervene in
20 any manner before any office of the government for his or her pecuniary benefit
2 ‘oF where he or she may be called upon to act on account of his or her office.

ecoy awn evn eo

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23° Section 18, Forfeiture of Seat. - A Member of Parliament shall forfeit his or her
24 seat if.

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26 a He/she resigns voluntarily in the form of either a written or oral declaration
27 in the Parliament,


cova nw es we we

SSS Se wee Be BR ew ee ew ee
Mowe One SSseQaaeseer es

b. He/she is convicted of a grave offense us stipulated in the House Rules that
the Bangsamoro Parliament will promulgate pursuant to Art VII Sec 19 of
this Basic Law, or treason, high crimes, heinous crimes, crimes against
morality or other crimes punishable by more than six (6) years;

© He/she becomes permanently Physically or mentally incapacitated and is
unable to discharge his/her duties as Member of Parliament or dies while in
office;

d. He/she, having been elected under the proportional representation system,
is replaced by the party to which he/she belongs with another member of
said party,

©. He/she, having been elected under the Proportional representation system,
transfers 10 another party during his/her incumbency as Member of
Parliament, and

L Such other grounds as may be provided in the Bangsamoro Electoral Code
‘as mentioned in Article VII, Section 11 hereof.

Section 19. Filling of Vacancy. — In case of a vacancy of # proportional
Tepresentation seat, the party to which that seat belongs shall fill the vacancy,

In case of a vacancy of a district seat by an affiliated Member of Parliament,
his/her party shall nominate a replacement within thirty (30) days from the
occurrence of such vacancy, and the said nominee shall be appointed by the Chief
Minister,


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In case of a vacancy in the seat occupied by an unaffiliated Member of
Parliament, a special election may be called to fill such vacancy in the manner
Prescribed by law enacted by Parliament.

‘The appointee or clected Member of Parliament, as the case may be, shall serve
the unexpired term of the vacant office.

Section 20. Privileges and Immunities, — No member of the Bangsamoro
Parliament may be arrested while the Bangsamoro Parliament is in session,
except for crimes punishable by more than six (6) years of imprisonment The
members of the Bangsamoro Parliament may not be questioned in any other place
of held liable for any speech or debate delivered in the Bangsamoro Parliament
Sessions oF meetings of its committces.

Section 21. Sessions of the Bangsamoro Parliament. — The Bangsamoro
Parliament shall conduct its regular session once every year on regular working
days starting on the 15 of June up to thirty (30) days before the opening of its
Next regular session, A special or emergency session may be called by the
Speaker, upon the request af the Chief Minister or by a majority of the members
of the Bangsamoro Parliament.

Section 22. Officers of the Bangsamoro Parliament, — On the first session
following their election, the members of the Bangsamoro Parliament shall, in
Open session, elect by a simple majority vote from all its members the Speaker.
4 Deputy Speaker, and the other officers of the Bangsamoro Parliament as the
House Rules of the Bangsamoro Parliament may provide.


26

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In case of death, removal, resignation, or permanent disability or legal incapacity
of the Speaker, the Deputy Speaker shall act as Speaker until a new Speaker shall
have been elected by the Bangsamoro Parliament.

Section 23. Presiding Officer. - The Speaker, Deputy Speaker, or any other
person presiding over the Bangsamoro Parliament shall:

a. Be independent;
b Serve to secure the honor and dignity of the Bangsamoro Parliament;

© Be responsible for ensuring ~ (i) the rights and privileges of all members,
and (ii) public access to the proceeding of the Bangsamoro Parliament and
its committees;

d, Have the authority and moral ascendancy to maintain order and decorum in
the Bangsamoro Parliament, in accordance with its House Rules: and

© Act impartially, and without fear, favor and Prejudice

Section 24. Rules of Procedure. — The Bangsamoro Parliament shall adopt its
House Rules for the conduct of its business.

Section 25. Proceedings. — A majority of all the members of the Bangsamoro
Parliament shall constitute a quorum to do business. The legislative Proceedings
in the Bangsamoro Parliament shall be recorded in its original form and translated
im the Filipino. Arabic and English languages. Unless otherwise provided by law
or the House Rules of the Bangsamoro Parliament, the members of’ the


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Bangsamoro Parliament may use any of the commonly understandable native
languages during legislative deliberations.

Section 26, General Welfare. ~ The Bangsamoro Parliament shall pass laws that
Promote the general welfare of the people in the Bangsamoro.

Section 27. Appropriations. — No public money may be spent without an
appropriations act clearly defining the purpose for which it is intended. ‘The
Bangsamoro Parliament shall pass an annual appropriations law

Section 28. Budget. — The form, content, and manner of preparation of the
Bangsamoro budget shall be prescribed by law enacted by the Bangsamoro
Parliament. Pending the enactment of such law, the budgeting process shall be
governed by existing laws, tules, and regulations on budget.

For this purpose, the Parliament shall create a Bangsamoro Budget Office,

Section 29, Reenacted Budget. - If, by the end of a fiscal year, the Bangsamoro
Parliament shall have failed to pass the Bangsamoro appropriations bill for the
ensuing fiscal year, the Bangsamoro Appropriations Act for the preceding year
shall be deemed automatically reenacted and shall remain in force and effect until
anew Bangsamoro appropriations law is enacted by Parliament

Executive Officers
Section 30. Qualifications of the Chief Minister. — No person may be elected

as the Chief Minister unless he/she is at least twenty-five (25) years of age at the
time of the election, a bona fide resident of the Bangsamoro for three (3) years


Sea wevnwe

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immediately preceding the day of the elections, and with proven competence and
probity, mentally fit, and known for his/her Integrity and high moral standards.

For the first election of the Chief Minister immediately following the enactment
of the Bangsamoro Basic Law, the abovementioned residency requirement shall
be reduced to one (1) year immediately preceding the day of the election,

Section 31. Election of the Chief Minister. — On the ‘inaugural session of the
Bangsamoro Parliament following their elections, the members of the Parliament
Shall, in open session, elect the Chief Minister by a majority vote of all its
members.

Hf'no member of Bangsamoro Parliament obtains the majority vote necessary to
be elected Chief Minister in the first round of voting, « runoff election shall be
conducted. In such case, the members Of Bangsamoro Parliament shall elect the
Chief Minister from the two (2) candidates who obtained the highest number of
Votes cast in the first round. There shall be no abstentions allowed in the runoff’
election.

Section 32. Powers, Duties and Functions of the Chief Minister. - Unless
otherwise provided by law, the Chief Minister shall exercise the following
powers, duties and functions

a Heads the government of the Bangsamoro:

b. Appoints heads of ministries, agencies, bureaus, offices of the Bangsamoro
Government of other officers of Bangsamoro owned and/or controlled
Corporations or entities with original charters;


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© Appoints other officers in the Bangsamoro Government, as may be provided
by the Parliament;

4. Formulates platform of government subject to approval by the Parliament;

e Issues executive orders and other policies of the Bangsamoro Government:

t Represents the government of the Bangsamoro in affairs outside the
Bangsamoro; and

& Exercises such other powers and functions inherent to the position.

Section 33, Administration of Oath of the Chief Minister. The Wali shall
administer the oath of office of all the Members of Parliament. including the
Chief Minister upon his/her election

Section 34, Ex-Officio Membership. - The Chief Minister shall be an ex-officio
member of the National Security Council (NSC) on matters concerning the
Bangsamoro and of the National Economic and Development Authority Board
(NEDA).

Section 35. Deputy Chief Ministers. — There shall be two (2) Deputy Chief
Ministers to be appointed by the Chief Minister, Dominated by members of
Parliament from among themselves.

For the purpose of shared leadership. the Bangsamoro shall have three (3) sub-
regions, namely, South Western Mindanao, North Central Mindanao, and South
Central Mindanao, all within the Bangsamoro, To ensure representation of all the
sub-regions, the two (2) Deputy Chief Ministers shull come from the other two


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(2) sub-regions different from that of the Chief Minister

The coverage of each sub-region, for Purposes of this provision, shall be
determined by Parliament and shall be adjusted accordingly to include other areas
based on results of the periodic plebiscite.

‘The Deputy Chief Ministers may each hold a cabinet position,

In case of death, removal, resignation, or incapacity of the Chief Minister, the
Deputy Chief Minister, more senior in age, shall temporarily act as the Chief
Minister until the Parliament shall have elected a new Chief Minister Said
election shall be held within thirty (30) days from the occurrence of the vacancy.

Section 36, Call for a New Bangsamoro Parliament Election, — Within
Seventy-two (72) hours upon a two-thirds (2/3) vote of no confidence of all
members of Parliament against the government of the day, the Chief Minister
Shall advise the Walt to dissolve the Parliament and call for # new parliamentary
election, In no case shall the Wali countermand the advice of the Chief Minister

The Walt shall call for election of a new Bangsamoro Parliament on a date not
later than one hundred twenty (120) days from the date of dissolution,

In case of dissolution, the incumbent Chief Minister and the Cabinet shall
continue to conduct the affairs of the Bangsamoro Government until a new
Parliament is convened and a Chief Minister is elected and has qualified.
Article VIEL
WALL

Section 1, Appointment of Wali. - Consistent With the parliamentary form of


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government, there shall be a Wali who shall serve as the ceremonial head of the
Bangsamoro,

The Bangsamoro Parliament shall issue a resolution reflecting its consensus on
the selection of the Wali from a list of names of eminent residents of the
Bangsamoro submitted by the Council of Leaders.

Section 2. Qualifications of Wali. - The Wali must possess the following
qualifications at the time of his nomination:

4. Able to read and write in English and Arabic;

b At least 40 years old;

¢.A resident of the Bangsamoro for at least 15 years;

d Respected in the community;

¢. Reputable and of unquestionable integrity and moral ascendency; and

£ Has not been found guilty of any crimal or administrative offense by any court
or quasi-judicial bodies.

Section 3. Ceremonial Duties of Wali. - The Wali shall only take on ceremonial
functions, such as opening the Parliament, administration of oath of officers,
dissolving the Parliament, calling for election of a new Bangsamoro Parliament
as provided for in Article VII, Section 36 of this law, and attendance to public
ceremonies,

Section 4, Term of Office of Wali, - The first Wali shall be appointed by the
Bangsamoro Transition Authority through a resolution reflecting its consensus on
the selection of the Wali, who then shall hold office for three (3) years, Each
succeeding Wali shall have a 6-year term.


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Provided that the appointed Wali shall continue until such time that the
succeeding Mali is appointed and has assumed office.

Section 5. Allowances of the Wali. - The first Wali shall receive allowances in
such amount as may be determined by the Bangsamoro Transition Authority. The
allowances of the Wali subsequently chosen shall be determined by the
Bangsamoro Parliament.

Such allowances shall be sourced from the funds of the Bangsamoro Government
and shall be provided for in its annual appropriations law.

Article IX
BASIC RIGHTS

Section 1. Basic Rights in the Bangsamoro. — In addition to the basic rights
already enjoyed by the citizens residing in the Bangsamoro, the Bangsamoro
Government shall guarantee the following enforceable rights;

a. Right to life and to inviolability of one's person and dignity;

b, Right to freedom and expression of religion and beliefs;

© Right to privacy;

4 Right to freedom of speech;

© Right to express political opinion and pursue democratically political
aspirations;

£ Right to seek constitutional change by peaceful and legitimate means;


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& Right of women to meaningful political participation and Protection from
all forms of violence;

h. Right to freely choose one’s place of residence and the inviolability of the
home;

4 Right to equal opportunity and non-discrimination in social and economic
activity and the public service, regardless of class, creed, disability, gender
and ethnicity;

i Right to establish cultural and religious associations;

k Right to freedom from religious, ethnic and sectarian harassment;

|. Right to redress of grievances and due process of law; and
m. Right to free public education in the elementary and high school levels:

The Bangsamoro Parliament may pass a law for the promotion and protection of
the above-enumerated rights.

Section 2. Vested Property Rights. — Vested property rights shall be recognized
and respected; Provided, that legitimate grievances of the Bangsamoro people
arising from any unjust dispossession of their territorial and Proprietary rights,
customary land tenure, or their marginalization shall be duly acknowledged and
given due course: Provided further, that whenever restoration is no Jonger
Possible. the Central Government and Bangsamoro Government shall take
effective measures for adequate reparation of the loss in such quality, quantity,


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and status collectively beneficial to the Bangsamoro people, and to be determined
mutually by both Governments.

Section 3, Transitional Justice. — There shall be created # transitional justice
mechanism to address the legitimate grievances of the Bangsamoro people,
including the indigenous peoples, such as historical injustices, human rights
violations, marginalization through unjust dispossession of their territorial and
Proprictary rights and customary land tenure,

The report of the Transitional Justice and Reconciliation Commission (TIRC)
shall be taken into consideration in the creation of said mechanism

Section 4. Indigenous Peoples’ Rights. — The Bangsamoro Government
recognizes the rights of the indigenous peoples, and shall adopt measures for the
Promotion and protection of their rights, the right to their native titles and/or
Susaka inged, indigenous customs and traditions, justice systems and indigenous
Political structures, the right to an equitable share in revenues from the utilization
of resources in their ancestral lands, the right to free and prior informed consent,
the right to political participation im the Bangsamoro Government including
reserved seats for the non-Moro indigenous peoples in the Bangsamoro
Parliament, the right to basic services, and the right to freedom of choice as to
their identity consistent with the United Nations Declaration of the Rights of
Indigenous Peoples and the United Nations Declaration on Human Rights and
subsisting laws on indigenous peoples in the Bangsamoro,

Section 5, Customary Rights and Traditions. ~ The customs, beliefs, and
traditions of the people in the Bangsamoro are hereby recognized, protected and
guaranteed,

The Bangsamoro Parliament shail adopt measures to ensure mutual respect and
Protection of the distinct beliefs, customs, and traditions of the Bangsamoro


4s

people and the other inhabitants in the Bangsamoro.

No person in the Bangsamoro shall be subjected to any form of discrimination on
account of creed, religion, ethnic origin, parentage, nor sex.

Section 6, Human Rights. — The Bangsamoro Government guarantees full
respect for human rights.

All laws and policies, including customary laws, shall conform to international
human rights and humanitarian standards. The rights under the International
Covenant on Economic. Social and Cultural Rights (ICESCR), the International
Covenant on Civil and Political Rights (ICCPR), and other international human
nights instruments shall be guaranteed by the Central Government and the
Bangsamoro Government.

Section 7, Bangsamoro Human Rights Commission. — There is hereby created
an office called the Bangsamoro Human Rights Commission. which shull be
independent and impartial office within the Bangsamoro that shall have the same
Powers and functions as the national Commission on Human Rights and as may
be provided for by the Bangsamoro Parliament to ensure the protection and
Promotion of the human rights of all the Bangsamoro inhabitants.

There shall be five (5) members of the Commission, including the Chair, who
shall all be appointed by the President upon the recommendation of the Chief
Minister, The composition of the Commission shall reflect the ethnic distribution
of the population of the Bangsamoro. The Chair shall be a lawyer and majority of
the members of the Commission shall, preferably, be members of the Philippine
Bar or Counselors-at-Law. The terms of office and other qualifications and
disqualifications of the members of the Commission shall be provided by the
Bangsamoro Parliament.

‘The Commission shall submit a report on its activities and performance at least


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every quarter to the Bangsamoro Parliament. Other state instrumentalities in the
Bangsamoro shall assist the Commission and ensure impartiality, dignity, and
effectiveness. The Commission shall have a coordinative and complementary
relationship with the national Commission on Human Rights in carrying out its
mandate,

Social Justice

Section 8. Delivery of Basic Services, ~ The Bangsamoro Government shall
provide, maintain, and ensure the delivery of, among other things, basic and
responsive health programs, quality education, appropriate services, livelihood
opportunities, affordable and progressive housing projects, power and electricity.
and water supply to the Bangsamoro people and other inhabitants in the
Bangsamoro. It shall maintain appropriate disaster-preparedness units for
immediate and effective relief services to victims of natural and man-made
calamities. It shall also ensure the rehabilitation of calamity-affected areas and
victims of calamities,

Section 9. Housing and Human Settlements. — The Bangsamoro Parliament
shall pass a law to create a housing and human settlements agency to address the
needs or lack of shelters, settlements, and livelihood for the disadvantawed and
homeless Bangsamoro and non-Moro indigenous peoples. ‘especially those
victims of wars and atrocities. Such agency may directly solicit and receive
assistance, donations, aids, and grants from donors for its housing, settlements,
and livelihood programs and development

The Bangsamoro Government, in cooperation with the private sector, shall evolve
its own housing and human settlement programs.

Section 10. Rights of Labor, - The Bangsamoro Government shall guarantee all
fundamental rights of all workers to self-organization, collective bargaining and


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negotiations, and peaceful concerted activities, including the right to strike, in
accordance with law to be passed by Parliament. In this regard, the right of
workers, whether publicly or privately employed, to form unions, associations, or
federations shall not be abridged.

The workers shall participate in policy and decision-making processes affecting
their rights and benefits, as may be provided by law, to be enacted by the
Bangsamoro Parliament.

‘The right of workers to security of tenure, humane conditions of work. and a
living wage shall be guaranteed.

No trafficking of persons and engagement of minors in any hazardous or
deleterious forms of employment shall be tolerated.

‘The Bangsamoro Parliament may pass labor laws that expand, improve upon, or
enhance the rights stated herein,

Section 11. Participation of Women in the Bangsamoro Government, — Aside
from the reserved seat for women in the Parliament, there shall be at least one (1)
qualified woman to be appointed to the Bangsamoro Cabinet, The Bangsamoro
Parliament shall enact a law that gives recognition to the important role of women
in nation-building and regional development, and ensures fepresentution of
women in other decision-making and policy- determining bodies of the
Bangsamoro Government.

The Bangsamoro Parliament shall, by law, create the Bangsamoro Women
Commission and shall define its powers, functions, and composition.

Section 12. Rights of the Youth. — The Bangsamoro Government recognizes the
vital role of the youth in nation-building and shall promote and protect their
physical, moral, spiritual, intellectual, and social well-being. It shall inculcate


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patriotism and nationalism, encourage involvement in public and civic affairs,
and promote mental and physical fitness through sports.

The Bangsamoro Government shall, by law, create the Commission on Youth
Affairs and shall define its powers, functions, and composition.

Section 13. Protection of Women. — The Bangsamoro Goyernment shall uphold
and protect the fundamental rights of women including the right to engage in
lawful employment and to be protected from exploitation, abuse, or
discrimination, as embodied in the Convention on the Elimination of all Forms of
Discrimination Against Women (CEDAW),

The Bunysimnoro Parliament shall enact the necessury laws for the
implementation of this section.

Seetion 14, Rights of Children. ~The Bangsamoro Government shall respect,
Protect, and promote the rights of children. especially orphans of tender age. They
shall be protected from exploitation, abuse, or discrimination. Their education
and development, both physical and mental, shall be fully addressed.

Bunysumoro policies and programs must luke inty uimost consideration the best
interest of children, non-discrimination of children, their survival and
development, and the protection and rights of children, youth, and adolescents,

The Bangsamoro Government and its constituent local government units shall
Provide for adequate funding and effective mechanisms for the implementation
of this policy.

Section 15, Settler Communities. The Bangsamoro Government shall ensure
that settlers shall enjoy the rights guaranteed in this Basic Law. For this purpose,
the Bangsamoro Parliament shall create an Office for Settler Communities that
shall promote the welfare and address issues and concems of settlers in the


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Education

Section 16, Integrated System of Quality Education. — The Bangsamoro
Government shall establish, maintain, and Support. as a top priority, a complete
and integrated system of quality education and adopt an educational framework
that is relevant and responsive to the needs, ideals, and aspirations of the
Bangsamoro people and the unity of all Filipinos.

‘The Bangsamoro Government shall institutionalize peace education in all levels
of education.

The schools, colleges, and universities existing in the autonomous region as of
the date of the approval of this Basic Law and such other schools and institutions
that may be established in the Bangsamoro, shall be deemed integral components
of the educational system of the Bangsamoro Government.

Section 17. Vocational, Technical, Non-formal, and ‘Special Education, - The
thrusts and programs of vocational, technical. non-formal, and Special education
of the Bangsamoro educational system for the poor, illiterate, out-of-school
youth, persons with special needs, disadvantaged. and senior citizens shall be
supportive and relevant to the human resource requirements of the Bangsamoro.

Section 18. Madaris Education, Islamic and Arabic Studies. the Bangsamoro
Government shall establish and maintain madariy education within the
Bangsamoro.

It shall ensure the integration in its elementary and high school education

curriculum the teaching of Islamic and Arabic studies for Muslim pupils and
students in public schools.

The Bangsamoro Parliament shall enact legislation for the strengthening and


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development of madaris educational system in the Bangsamoro.

Section 19. Tribal University System. — The Bangsamoro Parliament shall
create a tribal university system within the Bangsamoro to address the higher
educational needs of the non- Moro indigenous peoples in the Bangsamoro,

‘The Parliament shall pass a law recognizing and Supporting the indigenous
Peoples’ educational system to be integrated in the educational system in the
Bangsamoro.

Health

Section 20. Comprehensive and Integrated Health Service Delivery. — The
Bangsamoro shall adopt a policy on health that provides for a comprehensive and
integrated health service delivery for its constituents. It shall, by law, establish a
general hospital system to serve the health requirements of its people, to ensure
that the individual basic right to life shall be attainable through the prompt
intervention of excellent and affordable medical services

‘The Bangsamoro shall also uphold the people’s right to have access to essential
goods, health, and other social services that would Promote their well-being.

Section 21. Support for Persons with Special Needs, Senior Citizens, and
Disadvantaged Groups, — The Bangsamoro Government shall establish a special
agency and support facilities for persons with special needs. and other
disadvantaged persons for their rehabilitation, and livelihood or skills training to
encourage their productive integration into mainstream Society,

The Bungsamoro Government shill coordinate all existing governmental and
non- governmental agencies concerned with the rehabilitation and education of
these persons.


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‘The Bangsamoro Government shall ensure the welfitre of senior citizens by
continuing to provide rights, benefits. and privileges they presently enjoy.

Arts and Sports

Section 22. Physical Education and Sports Development, Sports Program
and Bangsamoro Sports Commission. — The Bangsamoro educational system
shall develop and maintain an integrated and comprehensive physical education
Program. {t shall develop healthy, disciplined, innovative, and productive
individuals, and promote good sportsmanship, cooperation, and teamwork.

The Bangsamoro cducation system shall encourage and support for sports
programs, league competitions. indigenous games, martial arts, and amateur
Sports including training for regional. national, and international competitions.

The Bangsamoro Parliament shall pass a law creating Bangsamoro Sports
Commission.

Culture

Section 23. Preservation of the Cultural Heritage of the Bangsamoro. — To
Preserve the history. culture, arts, traditions, and the rich cultural heritage of the
Bangsamoro people and their Sultanates, such as but not limited to, the Sultanates
of Sulu, Maguindanao, Kabuntalan, Buayan, the Royal Houses of Ranao, and of
the franun, and the non-Moro indigenous peoples of the Bangsamoro, there shall
be created a Bangsamoro Commission for the Preservation of Cultural Heritage.

Section 24, Primary Responsibility of the Commission. — The Bangsamoro
Commission for the Preservation of Cultural Heritage shall have the primary
responsibility to write the history of the Bangsamoro people and to establish and
Sustain the cultural institutions, programs, and projects in the Bangsamoro
component areas. The commission shall establish its own libraries and museums,


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declare and restore historical shrines and cultural sites to preserve the
Bangsamoro heritage for posterity.

Section 25. Management of Bangsamoro Historical and Cultural Sites. — The
Central Government shall transfer the management of Bangsamoro historical and
cultural sites currently under the jurisdiction of the National Museum, National
Historical Commission, or other agencies of the Central Government to the
Bangsamoro Commission for the preservation of cultural heritage, through the
intergovernmental relations mechanism. The Bangsamoro Commission for the
Preservation of Cultural Heritage shall coordinate with relevant agencies of the
Central Government on the regulation, excavation, and preservation of cultural
artifacts and on the recovery of lost historical and cultural heritage.

Article X
BANGSAMORO JUSTICE SYSTEM

Section 1. Justice System in the Bangsamora — The justice system in the
Bangsamoro shall consist of Shari‘ah law which shall have supremacy and
application over Muslims only; the traditional or tribal justice system, for the
indigenous peoples in the Bangsamoro; the local courts: and alternative dispute
resolution systems.

For Muslims, the justice system in the Bangsamoro shall give primary
consideration to Shari ‘ah, and customary rights and traditions of the indigenous
peoples in the Bangsamoro,

Nothing herein shall be construed to operate to the prejudice of non-Muslims and
nonindigenous peaples.


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Shari'ah Justice System

Section 2, Shari’ah Judicial System. — The judicial authority shall be vested in
the Bangsamoro Shari ‘ah judiciary, in accordance with the power of the Supreme
Court, particularly on the Bangsamoro Shariah High Court, Shart’ah District and
Circuit courts, and other subordinate courts which Congress of the Philippines
may create upon the recommendation of the Bangsamoro Shari ‘ah High Court
through the Supreme Court This notwithstanding. Congress. upon the
recommendation of the Supreme Court, may likewise create Shari'ah courts
outside of the territorial jurisdiction of the Bangsamoro government in areas
where a considerable number of Muslims reside. The Supreme Court shall station
these courts,

Section 3. Shari'ah. - Shari'ah (Islamic Law) which is the law forming part of
the Islamic tradition derived from religious precepts of Islam, particularly the
Qur'an and Hadith, shall be distinctively applied as the underlying basis of the
Bangsamoro Shari'ah judicial system exclusively over Muslims of persons who
voluntarily submit to the Shari'ah Court.

Section 4. Jurisdiction of Shari'ah Courts. - The Bangsamoro Parliament shall
enact laws on persons and family relations, other civil actions, commercial
actions. and criminal cases. The Congress of the Philippines, through this Basic
Law, confers commercial, other civil action not provided for under P.D. 1083,
and criminal jurisdiction on minor offenses as provided hereunder.

Under Shari‘ah, the penalties for Hudud, plural for Hadd (capital crime) which
are seen as crimes against Allah (God) and Qisas, which are crimes against
Persons, are imposed in the Qur'an,

Yair (discretionary punishment) are minor offenses shall be defined by
Parliament, the penalties for which is equivalent to arresto menor and/or fine.


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Criminal jurisdiction over Ta ‘cir is hereby conferred on Shari'ah Circuit Courts.

Section 5, Sources of Shariah. ~ The following are the sources of Shariah:
Principal Sources;
a. Al-Qur'an (The Koran),

6. Al-Sunnah (Traditions of Prophet Muhammad SAW),

@ Al-ljma (Consensus),
6. Hadith; and
c Al-Qtyas (Analogy),

Section 6. Shari'ah Cirewit Courts. - The Shari'ah Circuit Court in the
Bangsamoro shall exercise exclusive original Jurisdiction over the following
subjects:

4. All cases involving offenses defined and punished under
Presidential Decree No, 1083, also known as Code of Muslim
Personal Laws, where the act or mission has been committed
in the Bangsamoro;

b, All civil actions and proceedings between Parties residing in the
Bangsamoro, and who are Muslims or have been married in
accordance with Article 13 of Presidential Decree No. 1083
involving disputes relating to:

i Marriage;


1 ii. Divorce recognized under Presidential Decree No. 1083;

2 tii Betrothal or breach of contract to marry;

3 iv, Customary dower (mahr);

4 y. Disposition and distribution of property upon divorce:

5 vi, Maintenance and support, and consolatory gifts;

6 Vii. Restitution of marital rights.

4 ¢.All cases involving disputes relative to communal properties;

9 d. All cases involving Ta tir offenses defined and punishable under Shari'ah
10 law enacted by the Bangsamoro Parliament punishable by arresto menor
u and/or fine.

12 e, All civil actions. under Shariah law enacted by the Bangsamoro
13 Government, involving real property in the Bangsamoro, where the
ity assessed value of the property does not exceed Four Hundred Thousand
bt} Pesos (400,000.00); and

16 J All civil actions in which the parties are Muslims, or where all litigunts
17 have voluntarily submitted themselves to the jurisdiction of the Shariah
18 Cireuit Courts, if they have not specified in an agreement which law shall
0) govern their relations where the demand or claim does not exceed Two
20 Hundred Thousand Pesos (P200,000,00).

22 Section 7. Shari'ah District Courts. — The Shari'ah District Court in the
23° Bangsamoro shall exercise exclusive original jurisdiction over the following
24 matters:

25 a. All cases involving custody, guardianship, legitimacy, paternity and
26 filiation arising under Presidential Decree No. 1083;

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28 -b, All cases involving disposition, distribution and settlement of the estate of
29 deceased Muslims that are residents of the Bangsamoro, probate of wills,


issuance of letters of administration or appointment of administrators or
executors regardless of the nature or the aggregate value of the property;

~ Petitions for the declaration of absence and death for the cancellation or

correction of entries in the Muslim Registries mentioned in Title VI of Book
‘Two of Presidential Decree No. 1083;

All actions arising from customary and Shari'ah compliant contracts in
Which the parties are Muslims, if they have not specified which law shall
gover their relations;

. All petitions for mandamus, Prohibition, injunction, certiorari habeas

corpus, and all other auxiliary writs and processes in aid of its appellate
jurisdiction;

Petitions by Muslims for the constitution of a family home, change of name
and commitment of an insane person to an asylum:

All other personal and real actions not falling under the jurisdiction of the
Shari'ah Circuit Courts wherein the parties involved are Muslims, except
those for forcible entry and unlawful detainer, which shall fall under the
exclusive original jurisdiction of the Municipal Circuit Court;

All special civil actions for interpleader or declaratory relict’ wherein the
Parties are Muslims residing in the Bangsamoro or the Property involved
belongs exclusively to Muslims and is located in the Bangsamoro;


pt & Bangsamoro Shari'ah High Court.— There is herby crate 4
Bangsamoro Shari ‘ah High Court, The Bangsamoro Shari ‘ah High Court shall


The Bangsamoro Shari‘ah High Court shall exercise exclusive appellate
jurisdiction over cases under the jurisdiction of the Shart ‘ah District Courts in the
Bangsamoro,

‘The decisions of the Bangsamoro Shari'ah High Court shall be final and
executory except on issues of procedure or when there is manifest grave abuse of
discretion tantamount to lack of or in excess of jurisdiction.

Section $. Additional Shari'ah Courts. — Upon the recommendation of the
Bangsamoro Government, Congress may create additional Shart ‘ah Courts in the
Bangsamoro and apportion the jurisdiction of each of the Shari'ah Circuit and
District Courts.

Section 9. Qualifications of Shari'ah Judges. —

a. Shari'ah Circuit Court. — No person shall be appointed judge of the
Shari'ah Circuit Court unless he is a Mustim, citizen of the Philippines, at least
thirty (30) years of age, of proven competence and probity, mentally and
physically fit, known for his integrity and high moral standards, and must be
member of the Philippine Bar or is a special member of the Philippine Bar allowed
to practice in Shari'ah Courts.

For Shari'ah Counsclors-at-Law, he must be a graduate of a four-year
course on Shari ‘ah or Islamic jurisprudence, and must have been engaged in the
practice of Shari ‘ah law in the Philippines for at least three (3) years.

For a regular member of the Philippine Bar, he must have finished at least
two (2) years of Shari ‘ah or Islamic Jurisprudence and must have been engaged
in the practice of law for at least three (3) years.

b. Shari'ah District Court — No person shall be appointed judge of the
Shariah District Court unless he is a Muslim, citizen of the Philippines at least
thirty-five (35) years of age, of proven competence and probity, mentally and
physically fit, known for his imegrity and high moral standards, and must be a


member of the Philippine Bar or is a special member of the Philippine Bar allowed
to practice in Shari'ah Courts.

For Shari'ah Counsclors-at-Law, he must be a graduate of a four-year
course on Shari'ah or Islamic jurisprudence, and must have been engaged in the
Practice of Shari ‘ah law in the Philippines for at least five (5) years.

For « regular member of the Philippine Bar, he must have finished at least
two (2) years in Shari'ah or |slamic Jurisprudence and must have been engaged
in the practice of law for at least five (5) years.

2 Bangsamoro Shari'ah High Court. — No person shall be appointed
Justice of the Bangsamoro Shari'ah High Court unless he is a Muslim, natural-
bom citizen of the Philippines, at least forty (40) years of age, of proven
competence and probity, mentally and physically fit, known for his integrity and
high moral standards, and must be a member of the Philippine Bar or is a special
member of the Philippine Bar allowed to practice in Shari'ah Courts.

For Shart’ah Counselors-it-Law, he must be # graduate of a four-year
course on Shari ‘ah ot Islamic jurisprudence, and must have been engaged in the
practice of Shari'ah law in the Philippines for at least ten (10) years prior to his
appointment.

For a regular member of the Philippine Bar, he must have finished at least
two (2) years of Shari ‘ah or Islamic Jurisprudence and must have engaged in the
practice of law for at least ten (10) years before Shari'ah Courts,

Section 10. Composition and Stations of Bangsamoro Shari'ah High Court.
~The Bangsamoro Shari'ah High Court shall be composed of nine (9) justices,
including the Presiding Justice. It may exercise its powers, functions, and duties
through three (3) divisions, each composed of three (3) members. It may sit en
‘anc only for the purpose of exercising administrative or ceremonial functions
‘The Bangsamoro Shari'ah High Court shall hold sessions en bane at its main
office at the capital of the Bangsamoro government. The stations of the three


cer aoweaun

divisions shall be Cotabato City, Marawi City, and Jolo, Sulu

Section 11. Compensation, benefits, tenure and privileges. — Justices of the
Bangsamoro Shari'ah High Courts shall have the same rank, prerogatives,
salaries, allowances, benefits, tenure, and privileges as the Justices of the Court
of Appeals

Judges of the Shari’ah District Count shall have the same rank,
Prerogatives, salaries, allowances, benefits, tenure, and privileges as the judges
of Regional Trial Court Judge.

Judges of the Shari ‘ah Circuit Court shall have the same rank, prerogatives,
salaries, allowances, benefits, tenure, and privileges as judges of Metropolitan
‘Trial Court Judge.

Section 12. Shari'ah Judicial and Bar Council, - The Shari'ah Judicial and Bar
Council is hereby created which shall be under the supervision of the Bangsamoro
Shariah High Court It shall recommend to the Judicial and Bar Council qualified
applicants for the positions of judges and justices in the Shari'ah Courts for
appointment by the President. The President shall issue the appointment within
90 days from the submission by the Judicial and Bar Council.

Section 13. Composition of the Shari'ah Judicial and Bar Council. — The
Shari'ah Judicial and Bar Council shall be composed of five (5) members: a
senior member of the Bangsamoro Shari'ah High Court, as ex-officio Chair, the
Head of the Shari'ah Academy, and one (1) representative from the Bangsamoro
Parliament, as ex-officio member. The regular members of the Council shall be
‘one (1) representative each from the accredited organization of Shari'ah lawyers,
and accredited U/ama organization in the Bangsamoro.

‘The regular members of the Council shall be appointed by the Chief Minister with
‘@ term of five (5) years without reappointment.


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Section 14, Functions of the Shari'ah Judicial and Bar Council The Shari'ah
Judicial and Bar Council shall have the following functions:

a. Recommend nominees to the Shari'ah Courts in the Bangsamoro which shall
be submitted to the Judicial and Bar Council; and

b. Conduct investigations of erring members of the Shari'ah Bar and of judges
and personnel of the Shari'ah Courts in the Bangsamoro and submit the results
of such investigation to the Supreme Court for the latter's action

Section 15. Shari’ah Rules of Court. The rules of court for the Shari'ah courts
in the Bangsamoro shall be promulgated by the Supreme Court, giving utmost
consideration to the recommendations of the Bangsamoro Shari'ah High Court
In the meantime, the special rules of court for Shari‘ah courts, as promulgated by
the Supreme Court, shall continue to be in force.

Section 16. Special Bar Examinations for Shariah, — The Bangsamoro
Shart‘ah High Court, under the strict supervision of the Supreme Court, shall
administer Shari'ah Special Bar Examinations for admission of applicants to the
Philippine Bar as special members thereof A successful examinee who has
qualified for special membership in the Philippine Bar shall be duly conferred the
title of counselor-at-law,

Section 17. Practice of law before Shari'ah Courts. - The following are eligible
to practice before Shari'ah Courts:
a. A Shari'ah counselor-at-law;
b, A regular member of the Philippine Bar,
©. A Muslim who acts as counsel on his behalf; and
d. A non-Muslim who submits to the jurisdiction of the Shari'ah Court
and chooses to act as counsel on his behalf.


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Section 18. Appointment and Discipline of Shari'ah Court Personnel. The
Supreme Court shall appoint the Shart‘ah court personnel, and shall have the
power of discipline over them. The Shari‘ah Judicial and Bar Council shall
conduct investigations over erring personnel in Shari‘ah courts in the
Bangsamoro, and submit the results of such investigation to the Supreme Court
for the latter's action.

Section 19. Bangsamoro Shari’ah Integrated Bar, - The Parliament shall pass
a law creating the Bangsamoro Shari'ah Integrated Bar as the official organization
for the legal profession in the Bangsamoro, which shall be compulsory in
membership for all Shariah lawyers. The Supreme Court shall adopt the rules for
the integration of the Shari'ah bar which shall be under the supervision of the
Bangsamoro Shari'ah High Court in accordance with the powers and authority of
the Supreme Court,

Section 20. Shari'ah Public Assistance Office, There is hereby created a
Shari'ah Public Assistance Office which shall be part of the Public Assistance
Office. The office shall be staffed by a director and two deputies who shall all be
Counselors-at-Law. The Parliament may determine the additional staff
complement for the said office. The Shari’ah Public Assistance Office shall
provide free legal assistance to indigent party litigants with cases pending before
Shari'ah courts in the Bangsamoro.

Section 21. Shari'ah Special Prosecution Service. — There shall be created a
Shari'ah Special Prosecution Service in charge of the prosecution of criminal
complaints before the Shart‘ah courts which shall be headed by a Shari'ah
General Prosecutor. The Shari'ah counselors-at- law employed in the office shall
be called Shari'ah prosecutors. The Shart ‘ah Special Prosecution Service shall
be attached to the National Prosecutorial Service of the Central Government. The


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Bangsamoro Government shall recommend the qualified applicants for the
position of the Shari'ah prosecutors and personnel of the Shari'ah Special
Prosecution Service to the Secretary of Justice.

Section 22. Shari'ah Academy. — There hereby created a Shari'ah Academy,
the primary function of which is to conduct courses in Shari'ah and Figh, civil
law, commercial law, and criminal law, and trainings on the practice of Shari'ah
Jaw in the Bangsamoro, accredit Shart ‘ah courses and degrees obtained from
schools and universities abroad, and develop the curricula, textbooks, and
leaming materials of schools and universities in the Bangsamoro. The
Bangsamoro Parliament shall define its powers and additional functions and
appropriate funds therefor. The Shari'ah Academy may coordinate with the
‘National Commission on Muslim Filipinos (NCMF) whenever necessary.

Section 23. Bangsamoro Jurisconsult in Islamic Law. — There is hereby created
an office of Jurisconsult of Islamic law in the Bangsamoro. The Parliament shall
define the powers and fimctions of this office, including the rank, salary,
privileges, and benefits of the Jurisconsult including its subordinate personnel.

‘The office of the Jurisconsult shall be a collegial body composed of the
Jurisconsult and five (5) Deputies who shall be appointed by the Chief Minister
upon recommendation of the Parliament, taking into consideration ethnic balance
in the appointment.

The Jurisconsult must be a Muslim, at least forty (40) years of age, must obtain a
Bachelor's Degree in Islamic Law and Jurisprudence or the equivalent of such a
degree, and member of the Philippine Shari'ah Bar or the Integrated Bar of the
Philippines. In addition, he must be an eminent scholar of Islamic law and
jurisprudence, and fluent in Arabic language. He must be of proven competence
and probity, mentally and physically fit, and known for his integrity and high
moral standards.


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The deputies must be Muslims, at least 35 years of age, holders of a Bachelor's
Degree in Islamic Law and Jurisprudence, and members of the Philippine
Shariah Bar or the Integrated Bar of the Philippines. Each deputy must be of
Proven competence and probity, mentally and physically fit, and known for his
integrity and high moral standards.

The term of office of the Jurisconsult and his deputies shall be five (5) years
without prejudice to reappointment.

Section 24. Jurisconsult Under Existing Law. — Notwithstanding the preceding
section, the Office of the Jurisconsult under PD 1083 shall be strengthened by
providing that the salary, rank, benefits, and privileges of the Jurisconsult shall
be equivalent to that of justices of the Court of Appeals.

Section 25. Justices from the Bangsamoro, It shall be the policy of the Central
Government that at least one (1) justice in the Supreme Court and two (2) justices
in the Court of Appeals, at any one time, shail be qualified individuals of the
Bangsamoro, For this purpose, the Chief Minister may, after consultations with
the Bangsamoro Parliament and the Shari‘ah Judicial and Bar Council, submit the
names of qualified persons to the Judicial and Bar Council for its consideration,
The appointments of those recommended by the Chief Minister to the judicial
Positions mentioned above are without prejudice to appointments that may be
extended to other qualified inhabitants of the Bangsamoro to other positions in
the Judiciary,

Section 26. Deputy Court Administrator for the Bangsamoro. The Office of
the Deputy Court Administrator for the Bangsamoro is hereby created. The
Deputy Court Administrator for the Bangsamoro shall be appointed by the Chief
Justice of the Supreme Court from among three (3) recommendees submitted by
the Chief Minister upon previous consultations with the speaker of the


coon nv eunw a

Bangsamoro Parliament, the presiding Justice of the Bangsamoro Shari ‘ah High
Court, the representative of the Shari ‘ah Integrated Bar, and representative of the
Integrated Bar of the Philippines in the Bangsamoro area

Traditional or Tribal Justice Systems

Section 27. Traditional or Tribal Justice Systems. — The Bangsamoro
Parliament shall enact laws to promote and support the traditional or tribal justice
Systems that are appropriate for the indigenous peoples, as defined by them. The
traditional justice systems are the mechanisms to determine, settle, and decide
controversies and enforce decisions involving disputes between members of the
indigenous peoples concerned in accordance with the tribal codes of these
communities.

Section 28. Office for Traditional or Tribal Justice System, ~ There is hereby
created an Office for Tribal Justice System responsible in oversecing the study,
Preservation, and development of the tribal justice system within the
Bangsamoro. ‘The powers and functions of the office shall be defined by the
Bangsamoro Parliament.
The Office shall ensure the full participation of indigenous peoples in the
formulation, implementation, and evaluation of policies related to the
Strengthening of tribal justice system; ensuring further that such systems maintain
their indigenous character in accordance with the respective practices of each
tribe,

Regular Courts in the Bangsamoro
Section 29, Regular Courts. Regular courts in the Bangsamoro shall continue to
exercise their judicial functions, as provided by law. The Bangsamoro
Government shall undertake measures to support the regular courts in the
Bangsamoro consistent with the powers of the Supreme Court.


eou anne

Alternative Dispute Resolution
Section 30. Alternative Dispute Resolution. The Bangsamoro Government shall
adopt the principles of conciliation and mediation in settling disputes and, through
Parliament, shall pass the necessary legislation to institute the mechanism for
alternative dispute resolution. ‘The Shari'ah Courts and the traditional and tribal
adjudicatory tribunal may utilize this mode of settlement and resolution of cases
which may be feasible and useful

Article XI
PUBLIC ACCOUNTABILITY

Section 1. Declaration of Policy. — The State shall maintain honesty and
integrity in the public service and take Positive and effective measures against
graft and corruption.

Public office is # public trust. Public officers and employees must at all times be
accountable to the people, serve them with utmost responsibility, integrity,
loyalty, efficiency, act with patriotism and justice and lead modest lives,

Section 2. Bangsamoro Police. ~ There is hereby created an Office of Deputy
Ombudsman for the Bangsamoro under the Office of the Ombudsman.

Section 3, Appointment, - The Deputy Ombudsman for the Bangsamoro
shall be appointed by the President from a list of at least six (6) nominees
Prepared by the Judicial and Bar Council, which shall be filled within three


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(3) months after a vacancy occurs, each of which list shall be published
in a newspaper of general circulation.

Section 4. Qualifications. — The Deputy Ombudsman for the Bangsamoro shall
be a natural-bom citizen of the Philippines, at least forty (40) years old, of
recognized probity and independence, member of the Philippine Bar for at least
ten (10) years, and must not have been candidates for any elective national or
local office in the immediately preceding election whether regular or special.
Section 5. Rank and Salary. — The Deputy Ombudsman for the Bangsamoro
shall have the same rank, salary and privileges as the other Deputies Ombudsman.
The salaries shall not be decreased during their term of office.

Section 6, Prohibitions and Disqualifications. — The Deputy Ombudsman for
the Bangsamoro shall not. during his tenure, hold any other office oremployment,
He shall not, during said tenure, directly or indirectly practice any other
profession, participate in any business. or be financially interested in any contract
With, or in any franchise, or special privilege granted by the Government or any
subdivision, agency or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries.

‘The Deputy Ombudsman for the Bangsamoro shall likewise strictly avoid conflict
of interest in the conduct of his office He shall not be qualified to run for any
Office in the election immediately following their cessation from office. He shall
not be allowed to appear or practice before the Ombudsman for two (2) years
following their cessation from office.

No spouse or relative by consanguinity or affinity within the fourth civil degree
and no law, business or professional partner or associate of the Deputy
Ombudsman, within one (1) year preceding the appointment may appear as


eOaryvanweune

counsel or agent on any matter pending before the Office of the Ombudsman or
transact business directly or indirectly therewith,

This disqualification shall apply during the tenure of the official concerned. This
disqualification likewise extends to the law, business or professional firm for the
‘same period,

Section 7. Disclosure of Relationship. — \t shall be the duty of the Deputy
Ombudsman for the Bangsamoro to make under oath, to the best of his knowledge
and/or information, a public disclosure of the identities of, and his relationship
with the persons referred to in the preceding section

‘The disclosure shall be filed with the Office of the President and the Office of the
Ombudsman before the appointee assumes office and every year thereafter The
disclosures made pursuant to this section shall form part of the public records and
shall be available to any person or entity upon request.

Section 8, Structural Organization. — The authority and responsibility for the
exercise of the mandate of the Office of the Ombudsman and for the discharge of
its powers and functions shall be vested in the Ombudsman, who shall have
Supervision and control of the said office. The Office of the Deputy Ombudsman
for the Bangsamoro shall oversee and administer the operations of his office.

The Office of the Ombudsman, upon the recommendation of the Deputy
Ombudsman for the Bangsamoro, may organize such directonttes for
administration and allied services as may be necessary for the effective discharge
of its functions. Those appointed as directors or heads shall have the rank and
salary of line bureau directors.


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‘The Ombudsman shall appoint all officers and employees of the Office of the
Deputy Ombudsman for the Bangsamoro, including those of the Office of the
Special Prosecutor for the Bangsamoro, in accordance with the Civil Service
Law, rules and regulations.

Section 9. Powers, Functions and Duties. The Office of the Deputy
Ombudsman shall have the same powers, functions, and duties as the other
Deputies Ombudsman under the Office of the Ombudsman.

Article X11
FISCAL AUTONOMY

Section 1. Fiseal Autonomy, — The Bangsamoro shall enjoy fiscal autonomy
with the end in view of attaining the highest form of economic self-sufficiency
and genuine development. {t shall be entitled to all fund sources enumerated
herein, and shall have the power to create its sources of revenues as provided in
this law. It shall prepare its budget and shall allocate funds in accordance with an
annual appropriations law passed by the Bangsamoro Parliament. The form,
content, and manner of preparation of the budget shall be prescribed by law
enacted by the Bangsamoro Parliament,

Section 2. Auditing. — All public funds of the Bangsamoro are subject to
auditing. For this purpose, « Bangsamoro Commission on Audit (BCA) is hereby
created under the Regional Office of the Commision on Audit for the
Bangsamoro, It shall have the power, authority, and duty to examine, audit, and
settle all accounts pertaining to the revenue and receipts of, and expenditures or
tuses of funds and property, owned or held in trust by, or pertaining to the public
fuunds utilized by the Bangsamoro. The utilization of the revenue generated by the
Bangsamoro Government and block grants or subsidies from foreign or domestic
donors shall be subject to the auditing rules and regulations of the Bangsamoro


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Government and to auditing by the BCA auditors under the Regional Office of
the Commision on Audit for the Bangsamoro.

‘The BCA’s power, authority and duty shall be without prejudice to the general
audti power of the Commission on Audit (COA) as provided under Article IX-D,
Section 2(1) of the 1987 Constitution

With duc regard to the BCA’s responsibility to ensure the judicious use of funds
within the Bangsamoro, disbursement vouchers of the Bangsamoro Government
shall be submitted immediately to the Commission on Audit Regional Office for
the Bangsamoro,

Section 3. Local Government Finance. ~ The Bangsamoro Government shall
create & mechanism for coordinating, assisting, and monitoring the finances of
the constituent local government units in pursuance of good governance and local
autonomy,

Section 4. Central Government Assistance. — The Central Government shall
extend assistance to the Bangsamoro Government in the matter of tax
administration and fiscal management. This assistance shall include capacity
building and training programs, in accordance with a needs assessment and
capacity building plan developed by the Bangsamoro Government in consultation
with the Central Government,

Section 5, Assistance to Other Regions. ~ The Bangsamoro Government may
also assist the development efforts of other regions once the Bangsamoro has
attained financial self-sustainability.


Sources of Revenue

Section 6, Revenue Sources. — The Bangsamoro Government shall have the
Power to create its own sources of revenues and to levy taxes, fees, and charges,
Subject to the provisions of this law and consistent with the principles of
devolution of powers, equalization, equity, accountability, administrative
simplicity, harmonization, and economic efficiency, and fiscal autonomy. Such
taxes, fees, and charges shall accrue exclusively to the Bangsamoro Government.

The sources of revenue of the Bangsamoro Government shall include, among
others, the following:

Taxes;

Fees and charges;

Annual block grant coming from Central Government;

|. Share in the revenues from the exploration, development and utilization of

natural resources derived from areas/territories, land or water except Agus
River, covered by and within the jurisdiction of the Bangsamoro;

. Revenues from Bangsamoro government-owned and/or —controlled

corporations (GOCCs), financial institutions and other corporations. and
shares from the revenues of national GOCCs and its subsidiaries operating
in the Bangsamoro, as may be determined by the intergovernmental fiscal
policy board;


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t Grants from economic agreements entered into by the Bangsamoro
Government and conventions to which the Central Government is a party;

@ Grants and donations; and

bh. Loans and Overseas Development Assistance (ODA) approved by the
Central Government.

All powers over revenue generation already granted to the Autonomous
Region in Muslim Mindanao under the Republic Act No. 9054 and other
legislations and executive issuances. are transferred to the Bangsamoro,

Section 7. Baitalmal, Awgaf, and Zakat Regulation. - The Bangsamoro
Parliament may enact legislation on the regulation of baitalmal, awgaf, and zakat

Taxation

Section 8. Taxes, Fees and Charges. — The Bangsamoro Government shall
exercise the power to levy taxes, fees or charges that were already given to the
Autonomous Region in Muslim Mindanao and/or allowed under Republic Act
6734 and Republic Act 9054, and other legislations, as well as those that are
provided herein,

In enacting revenue-raising measures, the Bangsamoro shall observe the
Principles of uniformity and equity in taxation. Revenues shall inure solely to the
benefit of, and be subject to the disposition by. the Bangsamoro Goverment

‘Taxes, fees, or charges shall not be unjust, excessive, oppressive, confiscatory or
contrary to public policy. The collection of Bangsamoro taxes, fees, charges and
other impositions shall not be let to any private person,


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‘The power to impose a tax under this Basic Law shall be exercised by the
Bangsamoro Parliament, through an appropriate legislation, which shall not be
enacted without any prior public hearing conducted for the purpose. The
Bangsamoro Government shall, as far as practicable, evolve a Progressive system
of taxation.

Section 9, Tax Incentives. — To encourage investments and other economic
activities, the Bangsamoro Government shall have the Power to grant tax
exemptions, rebates, tax holidays and other incentives including those granted to
the Regional Board of Investment of the ARMM. As part of incentives to
investors, the Bangsamoro may opt instead to impose a flat rate lump sum tax on
small and medium enterprises.

Section 10. Taxing Powers. The following taxes in the Bangsamoro shall be
levied by the Bangsamoro Government.

a Capual Gains Tax. — Tax imposed on the gains presumed to have been
realized by the seller from the sale, exchange, or other disposition of capital
assets, including pacto de retro sales and other forms of conditional sale;

b, Documemary Stamp Tax. ~ Tax on documents, instruments, loan
agreements and papers evidencing the acceptunce, assignment, sale or
transfer of an obligation rights or property incident thereto;

© Donor’s Tax. ~ Tax on a donation or gift, and is imposed on the gratuitous
transfer of property between two or more persons who are living at the time
of the transfer, It shall apply whether the transfer is in trust or otherwise,
whether the gift is direct or indirect and whether the property is real or
personal, tangible or intangible;


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Estate Tax. — Tax on the right of the deceased person to transmit his/her
estate to hissher lawful heirs and beneficiaries at the time of death and on
certain transfers, which are made by law as equivalent to testamentary
disposition;

. Income tax levied on banks and other financial institutions;

Registration fees of vessels which are registered by their owners with the
Bangsamoro Government and wharfige on wharves constructed and
maintained by the Bangsamoro Government of the local government unit
concemed;

Tolls on bridges or roads constructed and maintained by the provinces,
cities, municipalities, or barangays concerned or by the Bangsamoro
Government;

Taxes, fees, or charges on agricultural and aquatic products, except when
sold by marginal farmers or fisherfolk;

. Excise mixes on articles that are not enumerated under the National Internal

Revenue Code;

Taxes, fees, or charges on countryside, barangay enterprises and
cooperatives not registered under Republic Act No. 6810, the “Magna Carta
for Countryside and Barangay Business Enterprises” and Republic Act No.
6938. the "Cooperatives Code of the Philippines,” respectively: and


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ke Such other taxes that were allowed to be levied by the Government of the
Autonomous Region in Muslim Mindanao under RA 6734, RA 9054, and
other legislations and executive issuances.

Where all taxable elements are within the Bangsamoro territory, taxes under
letters (4) to (d) above shall no longer be imposed by the Bureau of Internal
Revenue (BIR) of the Central Government, The Intergovernmental Fiscal Policy
Board shall promulgate rules on the determination of taxable elements in relation
to taxes (a) to (d) above and on the sharing of revennes from the collection of
such taxes where the taxable elements are found within and outside of the
Bangsamoro territory. Any dispute between the Bangsamoro Government and
the Central Government arising from the imposition of taxes under (a) to (d)
above shall be addressed by the Intergovernmental Fiscal Policy Board.

Section 11. Share in Taxes of the Central Government. — Central Government
taxes, fees, and charges collected in the Bangsamoro, other than tariff’ and
customs duties, shall be shared as follows:

& Twenty-five percent (25%) to the Central Government; and

b. Seventy-five percent (75%) to the Bangsamoro, including the shares of the

local government units.

‘The aforementioned twenty-five percent (25%) share of the Central Goverment
shall, for a period of ten (10) years, be retained by the Bangsamoro Government.
The period for retention may be extended upon mutual agreement of the Central
Government and the Bangsamoro Government.

The shares in taxes, fees, and charges provided under this section shall be an
amount separate and distinct from the annual block grant appropriated w the
Bangsamoro under Section 17 of this article.


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SeetUsRSegrerssssueanterree

Section 12. Assessment and Collection of Taxes; Bangsamoro Revenuc
Office. ~ The Bangsamoro Parliament shall, by law, establish the Bangsamoro
Revenue Office within the Bangsamoro for the purpose of assessing and
collecting Bangsamoro taxes, as well as, all other collectible taxes in the
Bangsamoro.

‘The Bangsamoro Revenue Office shall collect such taxes and remit the share of
the Central Government through a duly accredited depository bank.

Until such time that the Bangsamoro Revenue Office is established, the collection
shall be done by the Bureau of Intemal Revenue (BIR). The share of the
Bangsamoro Government shall be retained by the Central Government collecting
agencies and shall be remitted or released to the Bangsamoro in lump sum without
need for an appropriations law.

When the Bangsamoro Revenue Office is established. and collection of the above
taxes is undertaken by said office, the cost of administering the tax collection
shall be co-shared between the Central Government and the Bangsamoro
Goverment.

Section 13. Payment of Taxes by Corporations, Partuerships or Firms, -
Corporations, partnerships, or firms directly engaged in business in the
Bangsamoro shall pay their corresponding taxes, fees, and charges in the province
or city, where the corporation, partnership, or firm is doing business.

Corporations, partnerships, or firms whose central, main, or head offices are
located outside the Bangsamoro but which are doing business within its territorial
jurisdiction shall pay the income taxes for income derived from their business
operations in the Bangsamoro to the city, or municipality where their branch
offices or business operations or activities are located. The BIR and the


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Bangsamoro Revenue Office shall agree on modalities for the filing of income
tax returns through the Intergovernmental Fiscal Policy Board.

Section 14, Share of the Constituent Local Government Units in Taxes within
the Bangsamoro, ~ The Bangsamoro Parliament shall enact a law detailing the
shares of constituent local government units in the 75% share of the Bangsamoro
Government in the taxes, fees and charges collected in their jurisdiction by the
Central Government in the Bangsamoro.

Section 15, Bangsamoro Taxes and Revenue Code. — ‘The Bangsamoro
Parliament shall enact a Bangsamore Tax Code, which shall cover the taxing
Powers of the Bangsamoro Government.

Section 16, Fees and Charges. ~ The Bangsamoro shall exercise the power to
levy fees and charges pursuant to the powers and functions that it shall exercise
in accordance with this Basic Law, including the powers already granted under
Republig Act. No. 6734, RA 9054 and other executive issuances, and memoranda
of agreement.

Block Grant

Section 17. Annual Block Grant. — The Central Government shall provide an
annual block grant which shall be the share of the Bangsamoro in the national
internal revenue of the Government. The amount shall be sufficient for the
exercise of the powers and finctions of the Bangsamoro Government under this
Basic Law in no case be less than the last budget received by the ARMM
immediutely before the establishment of the Bangsamoro Transition Authority,


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Section 18, Formula of the Block Grant. — For the budget year immediately
following the year this Act takes effect, the amount of the block grant shall be
equivalent to four per cent (4%) of the net national internal revenue collection of
the Bureau of Internal Revenue less the intemal revenue allotment of local
government units.

For purposes of this section, the net national internal revenue collection of the
Bureau of Internal Revenue is understood to be the sum of all intemal revenue
tax collections during the base year Jess the amount released during the same year
for tax refunds, payments for informer’s reward, and any portion of internal
revenue tx collections which are presently set aside, or hereatter earmarked
under special laws for payment to third persons.

Provided, that the computation shall be based on collections from the third fistal
year preceding the current fiscal year;

Provided, further, that the above formula shall be adjusted if, after the effectivity
of this Act, there occurs a change in the total land area of the Bangsamoro;

Provided, finally, that in the event that the Central Government incurs an
unmanageable public sector deficit, the President of the Philippines shall call for
the activation of the intergovernmental relations body where both the President
and the Prime Minister of the Bangsamoro will participate in order to look at the
possibility of adjusting the annual block grant of the Bangsamoro; Provided
furthermore, that this adjustment shall be during the duration of the
tinmanageable public sector deficit only

Section 19. Automatic Appropriation. ~ The annual block grant shall be
automatically appropriated to the Bangsamoro Government and reflected in the
General Appropriations Act. The Bangsamoro Parliament shall pass an annual


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appropriations law that allocates the block grant to various agencies and
Programs, according to the powers and functions of the Bangsamoro
Govemment. Block Grant should be primarily spent on capital outlay, The
Bangsamoro annual appropriations law may also include performance standards
and targets for each sector. Any unspent amount in the current year’s block grant
shall revert to the Bangsamoro general fund for re-appropriation,

Section 20. Regular Release. — The block grant shall be released, without need
of any further action, directly and comprehensively to the Bangsamoro
Government, and which shall not be subject to any lien or holdback that may be
imposed by the Central Government for whatever purpose

Section 21. Deductions from the Block Grant; Exceptions. ~ Four years from
the operationalization of the regular Bangsamoro Government the following shall
be deducted from the block grants:

4 Revenues from the additional taxes beyond those already devolved to the
ARMM collected three (3) years before; and

b Share of the Bangsamoro in the government income derived from the
exploration, development and utilization of natural resources, as provided
in Article XII, Section 34 collected three (3) years before

Provided, that the amount allocated for the operation of the Bangsamoro
Sustainable Development Board, as provided in Article Xill, Section 4, shall not
be included in the amount herein to be deducted from the block grant; Provided,
further, that the abovementioned deduction shall not include the shares of
Constituent local government units and of Indigenous communities in


a

Bovernment income derived from the exploration, development, and utilization
of natural resources, under Article Xil, Sections 35 and 36, respectively.

Section 22. Review of the Block Graat Formula. ~ The formula for the Block
Grant, as provided above, shall be reviewed by the Intergovernmental Fiscal
Policy Board ten (10) years after its effectivity. The review that shall be
undertaken shall consider, among others, the fiscal needs of the Bangsamoro and
the actual revenues it is able 10 generate. Thereafter, the review shall be
undertaken every five (5) years as agreed upon in the Intergovernmental Fiscal
Policy Board. Should the Central Government no longer have any representative
in the said Board, the review shall be undertaken by the Intergovernmental
Relations Body, for enactment into law.

Section 23. Development programs and projects. - Immediately after the
Tatification of this Basic Law, and for another five (5) years thereafter, the Central
Government shall provide for additional funds that would subsidize expenditure
for development projects and infrastructure in the Bangsamoro, including
Provincial and municipal roads, in accordance with a development plan
formulated by the Bangsamoro Government. ‘The Central Government and the
Bangsamoro Goverment shall agree on the amount through the
intergovernmental relations body, as well as the manner of release of said amount
to the Bangsamoro Government.

Louns

Section 24. Foreign and Domestic Loans; Bills, Bonds, Notes and
Obligations. — (a) Loans, Credits, and Other Forms of Indebtedness. ~ The
contracting of loans, credits, and other forms of indebtedness in order to finance
the construction, installation, improvement, expansion, Openition, or maintenance


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of public facilities, infrastructure facilities, housing Projects, the acquisition of
real property, and the implementation of other capital investment projects, as well
as, for the development and welfare of the people of the Bangsamoro,

Subject to acceptable credit worthiness, such loans may be secured from domestic
and foreign lending institutions, except foreign and domestic loans requiring
Sovereign guaranty, whether explicit or implicit. which would require the
approval of the Central Government. The Central Government. through both
houses of Congress, may authorize the Chief Minister to contract such domestic
oF foreign loans. The loans so contracted may take effect upon approval by a
‘majority of all the members of the Bangsamoro Parliament.

The Central Government shall assist the Bangsamoro Government in complying
with the requirements for a speedy issuance of the sovereign guaranty, to finance
local infrastructure and other socio-economic development projects in
accordance with the Bangsamoro Development Plan.

Within 30 days from the submission of the Bangsamoro Government of its
application for sovereign guaranty, the Bangsamoro Government shall be
informed by the Central Government on the actions taken on the application. The
application shall be resolved with dispatch.

+) Bills, Bonds, Notes, Debentures and Obligations. ~ The Bangsamoro
Government is also authorized to issue treasury bills, bonds, debentures,
securities, collaterals, notes, obligations, and other debt papers or documents, as
Well as redeem or retire the same, pursuant to law enacted by the Bangsamoro
Parliament. Said authority may be exercised in order to finance self-liquidating,


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income producing development or livelihood projects pursuant to the priorities
established in the aforementioned development plan,

(c) Payment of Loans and Indebtedness. ~ The Bangsamoro Government shall
Appropriate in its annual budget stich amounts as are sufficient to pay their loans
and their indebtedness incurred,

Section 25. Overseas Development Assistance — In its efforts to achieve
inclusive growth and poverty reduction, through the implementation of priority
development projects, the Bangsamoro Government may avail directly of
Overseas Development Assistance (ODA) with approval of the National
Econonic Development Authority. The Bangsamoro Parliament may enact
legislation governing ODA.

Grants and Donations

Section 26, Grants and Donations. — Grants and donations from foreign and
domestic donors received by the Bangsamoro Government for the development
and welfare of the people in the Bangsamoro shall be used solely for the purpose
for which they were received.

Donations and grants that are used exclusively to finance projects for education,
health, youth and culture, and economic development, may be deducted in full
from the taxable income of the donor or grantor.

Economic Agreements and Conventions

Section 27. Economic Agreements. — The Bangsamoro government may enter
into economic agreements and receive benefits and grants derived therefrom as


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Provided in Section 1, Article V of this law

Section 28. Cultural Exchange, Economic and Technical Cooperation. —
Consistent with the reserved powers of the Central Government, the Bangsamoro
Government may establish linkages for cultural exchange, economic and
technical cooperation with countries with diplomatic relations with the
Philippines, with assistance of Philippine embassies or consulates, or through
some other arrangements with Central Government Supporting such

undertakings.

Section 29. Benefits from Conventions. — The Bangsamoro shall be entitled to
benefits resulting from conventions to which the Central Government is a party.
Such benefits shall be equitable and shall consider the available human and
material resources and comparative advantage of the Bangsamoro, as well as its
socio-economic conditions and needs.

Goverament Owned and/or Controlled Corporations (GOCCs) and
Financial Institutions

Section 30. GOCCs and Financial Institutions, — The Bangsamoro shall have
the power to create GOCCs and financial institutions through the necessary
‘modalities, and in accordance with a law on GOCCs to be passed by the
Parliament. These Bangsamoro Goyernment-created GOCCS shall be duly
registered with the Securities and Exchange Commission or established under
legislative charter by the Bangsamoro Parliament, and shall be recognized even
outside the Bangsamoro. Revenues derived from their operations shall pertain to
the Bangsamoro.


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Seetion 31. Existing GOCCs Operating Exclusively in the Bangsamoro —
The Bangsamoro Government shall have the authority and control over existing
GOCCS and financial institutions operating exclusively in the Bangsamoro, after
determination by the intergovernmental fiscal policy board of its feasibility. Such
transfer shall be effected through the necessary changes on the GOCCs"
governing boards.

Section 32. Southern Philippine Development Authority and Al-Amanah
Islamic Investment Bank. — Within six (6) months from the establishment of
the BTA, the Intergovernmental Fiscal Policy Board shall determine the
Participation of the Bangsamoro in the ownership and management of Al-
Amanah Islamic Investment Bank of the Philippines and the Southern Philippines
Development Authority as provided in PD. 690 as amended by P.D. 1703 and
the mode of transfer of ownership to the Bangsamoro Government,

Section 33, Existing GOCCs in the Bangsamoro. —The Bangsamoro
Government shall be represented in the board of directors or in the policy-making
bodies of GOCCs that operate a substantial Portion of their businesses directly or
through their subsidiaries in the Bangsamoro or where the Bangsamoro has
substantial interest. The Intergovernmental Fiscal Policy Board (IGFPB) shail
Wetermine the extent of participation, In no case shall the Bangsamoro have less
than one seat in the governing board of such entities.

The share of the Bangsamoro Government from the results of operations of
GOCCs and subsidiaries operating in the Bangsamoro shall be based on a formula
determined by the Intergovernmental Fiscal Policy Board under Section 36 of
this Basic Law.


Sharing in the Exploration, Development and Utilization of Natural
Resources

Section 34, Sharing in Exploration, Development and Utilization of Natural
Resources. — Government revenues generated from the exploration, development
and utilization of all natural resources in the Bangsamoro, inclusive of mines and
minerals, shall pertain flilly to the Bangsamoro Government. In the case of fossil
fuels (petroleum, natural gas, and coal) and uranium, the same shall be co-
managed and the revenues shared equally between the Central and Bangsamoro
Governments.

Such sharing scheme shall be applicable to all natural resources found in the
Bangsamoro territory, both the land mass and the waters under its territorial
jurisdiction.

Section 35. Share of the Constituent Local Government Units. — The share of
the Bangsamoro Government in the revenues referred to in the immediately
preceding section shall include those for its constituent local government units,

‘The Bangsamoro Parliament shall cnact a law detailing the shures of such focal
goverment units.

Section 36, Share of Indigenous Communities. ~ Indigenous peoples shall have
an equitable share from the revenues generated from the exploration,
development and utilization of natural resources that are found within the
territories covered by a native title in their favor. ‘The share shall be provided for
in a law to be passed by the Bangsamoro Parliament.


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The Bangsamoro Parliament shall enact a taw that shall provide in detail said
Sharing system, including the percentage of the shares of the indigenous peoples
and communities, and the mechanisms therefor,

Intergovernmental Fiscal Policy Board

Section 37. Intergovernmental Fiscal Policy Board. — There is hereby created
an Intergovemmental Fiscal Policy Board (IGFPB) that shall address revenue
imbalances and fluctuations in regional financial needs and revenuc-raising
capacity of the Bangsamoro

Section 38, Functions. — The IGFPS shall undertake the following functions

(a) Recommend the necessary fiscal policy adjustments by undertaking a
Periodic review of the taxing powers, tax base and rates of the Bangsamoro
Government, wealth sharing arrangements, sources of revenues vis-d-vis the
development needs of the Bangsamoro;

(b) Address disputes between the Central Government and the Bangsamoro
Government involving the collection of capital gains tax, documentary stamp tax,
donor's tax and estate tx in the Bangsamoro;

(c} Determine the extent of participation of the Bangsamoro Government in
the board of directors or the policy-making bodies of GOCCs that Operate a
substantial portion of their businesses directly or through their subsidiaries in the
Bangsamoro or where the Bangsamoro has substantial interest;

(4) Determine the participation of the Bangsamoro Government in the results
Of operations of government-owned and/or controlled corporations and its


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subsidiaries operating in the Bangsamoro, The Board shall also determine a
formula for the share of the Bangsamoro Government from the results of said

‘operations:

(e} Determine the participation of the Bangsamoro in the ownership and
management of Al-Amanah Islamic Investment Bank of the Philippines and the
Southern Philippines Development Authority (SPDA) to the Bangsamoro,

(Recommend the exercise by the Bangsamoro Government of additional
fiscal powers in order to attain the highest form of fiscal autonomy; and

(g) Define the modalities for the filing of income tax returns for corporation or
firms Whose central, main, or head offices are located outside the Bangsamoro
but are doing business within its territorial jurisdiction so that income realized
from such operations in the Bangsamoro shall be attributed as income derived
therein and subject 10 the sharing scheme between the Central Government and
the Bangsamoro Government

Section 39, Composition ~ The Board shall be composed of the heads and/or
representatives of the appropriate ministries and offices in the Bangsamoro
Government, The Central Government shall likewise be represented in the Board
by the Secretary of Finance and such other officials as may be necessary,

The Board shall be headed by two co-Chairs, one representing the Bangsamoro
Government and the other, the Central Government.

Once full fiscal autonomy has been achieved by the Bangsamoro, it may no
longer be necessary to have a representative from the Central Government to sit
in the Board.


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Section 40. Meetings and Annual Report, The Board shall meet at least once
in six (6) months and shall adopt its own rules of procedure for the conduct of its
Meetings.

An annual report shall be submitted by the Board to the Central Government and
the Bangsamoro Government, and be made available to the public

Section 41, Full Disclosure Policy. — The Bangsamoro Government hereby
adopts a policy of full disclosure of its budget and finances, and bids and public
offerings and shall provide protocols for the guidance of local authorities in the
implementation of said policy, which shall include, among others the posting of
the Summary of Income and Expenditures, The same policy shall apply to its
Constituent local government units, as may be provided in a law to be enacted by
the Bangsamoro Parliament,

Section 42, Additional Fiseal Powers. — The IGEPB may recommend the
exercise by the Bangsamoro of additional fiscal Powers in order to reach full
fiscal autonomy, Such recommendations shall be Proposed to Congress or the
appropriate agency of the Central Government that has the power to effect such
recommendations.

Article XH
ECONOMY AND PATRIMONY

Section 1, Social Justice and Bangsamoro Economic System. - The
Bangsamoro Govemment’s economic policies and programs shall be based on
the principle of social justice, Pursuant to this principle. the Bangsamoro


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Parliament shall legislate laws Pertaining to the Bangsamoro economy and
patrimony that are responsive to the needs of its people.

Sustainable Development

Section 2. Equitable and Sustainable Development. — In order to protect and
improve the quality of life of the inhabitants of the Bangsamoro, development in
the Bangsamoro shall be carefully planned, taking into consideration the natural
resources that are available for its use and for the use of future generations.

The Bangsamoro Government shall promote the effective and susttinable use of
economic resources and endeavor to attain economic development that shall
facilitate growth and full employment, human development, and social justice,

The Bangsamoro Government shall also provide equitable opportunities for the
development of constituent local government units and shall strengthen
governance systems to ensure people's participation,

Section 3. Comprehensive Framework for Sustainable Development. — The
Bangsamoro Government shall develop a comprehensive framework for
Sustainable development through the proper conservation, utilization and
development of natural resources. Such framework shall guide the Bangsamoro
Government in adopting programs and policies and establishing mechanisms that
focus on the environment dimensions of social and economic interventions. It
shall include measures for the reduction of vulnerability of women and
marginalized groups to climate change and variability.

Section 4, Bangsamoro Sustainable Development Board. — The Bangsamoro
Parliament shall create a Bangsamoro Sustainable Development Board (BSDB),


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an intergovernmental body composed of representatives from the
Bangsamoro Government and the Central Government. ‘The Board shall ensure
the harmonization of environmental and developmental plans, as well as
formulate common environmental objectives.

Funding support for the Board shall be included in the annual budget of the
Bangsamoro Government. However, if there are revenues collected from the
exploration, development and utilization of all natural resources within the
Bangsamoro, a certain percentage of such revenues shall be allocated for the
operation of the Board, as may be provided in a law to be passed by the
Bangsamoro Parliament

Section 5. Bangsamoro Development Plan. — The Bangsamoro Government
shall formulate its development plans taking into consideration the Bangsamoro
People’s unique needs and aspirations and consistent with national development
goals. The plan shall also consider the revenue generation efforts needed for the
post-conflict rehabilitation, reconstruction and development of its territory.

‘The plan shall include the promotion of growth and full employment, human
development, and address social and economic inequities that have resulted from
decades of neglect, historical injustice, poverty and inequality.

For this purpose, the Bangsamoro Parliament shall create an economic planning
office.

Section 6, Gender and Development. — The Bangsamoro Government
recognizes the role of women in governance and shall ensure the fundamental
equality before the law of women and men. It shall guarantee full and direct
participation of women in governance and in the development process and shall,


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farther, ensure that women benefit equally in the implementation of development
programs and projects.

In the utilization of public funds, the Bangsamoro Government shall ensure that
the needs of women and men are adequately addressed For this purpose, at least
five Percent (5%) of the total budget appropriation of cach ministry, office, and
constituent local government unit of the Bangsamoro shall be set aside for
gender-responsive programs. in accordance with a gender and development
(GAD) plan. In the same manner, at least five percent (5%) up to thirty percent
(30%) of the official development funds received by the Bangsamoro shall be set
aside to complement said GAD budget allocation.

The Bangsamory Government shall establish a mechanism for consultation with
women and local communities to further ensure the allocation and proper
utilization of said finds. It shall identify and implement special development
programs and laws for women.

Section 7. Participation of the Bangsamoro in National Development
Planning. — The preceding section notwithstanding, and in order to ensure that
the Bangsamoro development plans are reflected in the national development
plans, the Bangsamoro shall participate in national development planning. The
Chief Minister shall be a fullfledged member of the Board of the National
Economic and Development Authority (NEDA). The Chief Minister or his duly-
‘appointed representative shall participate in the said offices

Natural Resources


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Section 8. Natural Resources, Nature Reserves and Protected Areas. — The
Bangsamoro Government shall have the authority, power, and right to explore,
develop and utilize the natural resources, including surface and sub-surface
Fights. inland waters. coastal waters, and renewable and non-renewable resources
in the Bangsamoro,

‘The protection, conservation, rehabilitation, and development of forests, coastal,
and marine resources. including the adoption of programs and projects to ensure
the maintenance of ecological balance, shall be given priority.

The Bangsamoro Government shall also have the power to declare nature
reserves and aquatic parks, forests, watershed reservations and other protected
areas in the Bangsamoro, except Lake Lanao.

The Bangsamoro Parliament shall pass a law on protected areas, regarding the
Procedure for the declaration, and the management of those that are so declared,
and the role of the Bangsamoro Goverment and other stakeholders in the
Process.

Section 9, Transfer of Existing Nature Reserves and Protected Areas. — The
management and protection of nature reserves and aquatic parks, forests,
watershed reservations, and other protected areas in the Bangsamoro territory that
have already been defined by and under the authority of the Central Government
shall be transferred to the Bangsamoro Government.

Within three months from the establishment of the Bangsamoro Transition
Authority. the Bangsamoro Government and Department of Environment and
Natural Resources (DENR) as well as other relevant government agencies shall
start the process of transferring these areas including the conduct of surveys of


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SONS He FSP Sse Cs enrassts

9

all affected arews and the planning and transition for each and every protected
area. Such process shall be completed within # period not exceeding two years.

Section 10. Exploration, Development, and Utilization of Fossil Fuels and
Uranium, - The Bangsamoro Government and the Central Government shall
Jointly exercise the power to grant rights, privileges and concessions over the
exploration, development and utilization of fossil fuels (petroleum, natural gas,
and coal) and uranium in the Bangsamoro,

The Central Government, through the Department of Energy (DOE), and the
Bangsamoro Government shall adopt « competitive and transparent process for
the grant of rights, privileges and concessions in the exploration, development
and utilization of fossil fuels and uranium.

‘The DOE and the Bangsamoro Government will identify and select prospective
contract areas to be offered for exploration and development. A qualified
Filipino citizen who is « bona fide resident of the Bangsamoro will receive a
rating higher than other proponents during the evaluation process. The award
of the service contract shall be made jointly by the DOE and the Bangsamoro
Government

Section 11. Preferential Rights of Bona Fide Inhabitants of the Bangsamoro,
— Qualified citizens who are bona fide inhabitants of the Bangsamoro shall have
preferential rights over the exploration, development, and utilization of natural
resources, including fossil fuels (petroleum, natural gas, and coal) and uranium,
within the Bangsamoro territory Existing rights over the exploration,
development and utilization of natural resources shall be respected until the
expiration of the corresponding leases, permits, franchises or concessions, unless
legally terminated.


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Section 12. Rights of Indigenous Peoples Over Natural Resources. — The
Bangsamoro Parliament shall enact a law recognizing the rights of indigenous
Peoples in the Bangsamoro in relation to natural resources within the territories
covered by @ native title. including their share in revenues, as provided in this
Basic Law, and preferential rights in the exploration, development and utilization
of such natural resources within their area.

The right of indigenous peoples to free and prior informed consent in relation to
development initiatives shall be respected.

Section 13. Mines and Mineral Resources. — The Bangsamoro Government
shall have authority and jurisdiction over the exploration, development, and
utilization of mines and minerals in its territory, Permits and licenses and the
granting of contracts for this purpose shall be within the powers of the
Bangsamoro Government.

Section 14, Financial and Technical Assistance Agreements, — The
applications for financial and technical assistance agreements (FTAAS) covering
mineral resources within the Bangsamoro shall be commenced at and
recommended by the Bangsamoro Government to the President.

The manner by which the Bangsamoro Government shall make the
recommendation shall be in accordance with the mining policy that shall be
adopted by the Bangsamoro Parliament.

Section 15. Regulation of Smati-Scale Mining. — Small-scale mining shall be
regulated by the Bangsamoro Government to the end that the ecological balance,
safety and health, and the interests of the affected communities, the miners, the


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indigenous peoples, and the local government units of the place where such
operations are conducted are duly protected and safeguarded.

Section 16. Legislating Benefits, Compensation for Victims and
Communities Adversely Affected by Mining and Other Activities that
Harness Natural Resources. - The Bangsamoro Parliament shall enact laws for
the benefit and welfare of the inhabitants injured, harmed or adveryely affected
by the hamessing of natural and mineral resources in the Bangsamoro, Such laws
may include payment of just compensation to and relocation of the people and
rehabilitation of the areas adversely affected by the haressing of natural and
‘mineral resources mentioned above.

The Bangsamoro Parliament may, by law, require the persons, natural or
juridical, responsible for causing the harm or injury mentioned above to bear the
costs of compensation, relocation and rehabilitation mentioned above wholly or
Partially.

Section 17, Bangsamoro Mining Policy. - Policies on mining and other
extnictive industries shall be drawn up by the Bangsamoro Parliament in
accordance with its Comprehensive Sustainable Development Plan, as well as its
over-all medium-term and long-term Bangsamoro Development Plan.

Section 18. Land Tenure And Conflicting Claims. — In order to address
conflicting land claims, the Bangsamoro shall develop a land tenure improvement
Program to be designed and implemented by the concemed ministries of the
Bangsamoro. Measures shall be undertaken to facilitate the identification of land
ownership and the generation of land titles. The plan may include measures that
would provide the necessary titling assistance for legitimate landowners and
abbreviated procedures for the registration of lands. For this purpose, the


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Bangsamoro Parliament may enact a law and create the necessary office.

Section 19. Zones of Joint Cooperation. — Zones of Joint Cooperation in the
Sulu Sea and the Moro Gulf'are hereby created, the coordinates of which shall be
defined by an ad hoc joint body composed of representatives from the
Department of Environment and Natural Resources (DENR) and the National
Mapping and Resource Information Authority (NAMRIA) and an equal number
of representatives from appropriate agencies of the Bangsamoro Government,

‘The Joint Body shall be convened within thirty (30) days afler the ratification of
this Basic Law und shall cease to exist afier it has established the coordinates of
the Bangsamoro territory, including the Bangsamoro Waters and the Zones of
Joint Cooperation. However, the said joint body shall be reconvened within thirty
(30) days after the conduct of a plebiscite for the inclusion of other territories as
provided in the Basic Law,

Section 20. Joint Body for the Zones of Joint Cooperation. — There shall be
created a Joint Body for the Zones of Joint Cooperation composed of a
Bangsamoro Minister as Chair, at least one (1) representative of 4 constituent
Jocal government unit of the Bangsamoro adjacent to the Sulu Sea, at least one
(1) representative of a constituent local government unit of the Bangsamoro
adjacent to the Moro Gulf, the Secretary of Environment and Natural Resources,
the Secretary of Agriculture, and the Secretary of ‘Tmnsportution and
Communication of the Central Government, or their authorized representatives,
and their counterpart officials from the appropriate Bangsamoro offices and/or
agencies. There shall be at least one (1) representative from an adjoining local
government unit that és not part of the Bangsamoro, and adjacent to the Sulu Sea.
and at least one (1) representative from an adjoining local government unit that
is not part of the Bangsamoro, and adjacent to the Moro Gulf. The Joint Body


7

shall be responsible for drawing up of policies mentioned in the Preceding
Section, as well as those necessarily reluted thereto,

The joint body may invite private sector representatives from the fishing and
transportation industries whenever necessary.

The Central and the Bangsamoro Governments shall work together to regulate
the waters that comprise the Zones of Joint Cooperation in the Sulu Sea and the
Moro Gulf. Policies shall be jointly drawn up for the following purposes:

~ oun newn

n @ protection of the traditional fishing grounds:

13 b. benefitting from the resources therein;

4 e ensuring the interconnectivity of the islands and mainland parts of the

15 Bangsamoro so that they are parts of a cohesive Bangsamoro political entity:
and

18 d. ensuring the exercise of the preferential rights of the Bangsamoro people,
19 other indigenous peoples in the adjoining provinces, and the resident fishers

20 in the Bangsamoro over fishery, aquamarine, and other living resources in
21 the Zones of Joint Cooperation, The Joint Body shall promulgate rules and
22 regulations as to the exercise of these preferential rights. The preferential

23 Fights granted to the Bangsamoro people under this section shall extend only
4 to those who can establish that they are Bangsamoro as defined in this Basic
25 Law or descendants of a Bangsamoro as of February 2, 1987.

7 The Bangsamoro Government and the Central Governments shall ensure that
28 there shall be free movement of vessels, goods, and people in these Zones of Joint
29 Cooperation,


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Section 21. Exploration, Development and Utilization of Non-living
Resources in the Zones of Joint Cooperation. The Joint Body for the Zones of
Joint Cooperation shall ensure the cooperation and coordination between the
Central Government and the Bangsamoro Government on the exploration,
development and utilization of nonliving resources in the Zones of Joint
Cooperation and determine the sharing of income and revenues derived
therefrom.

Section 22. Transportation in the Zones of Joint Cooperation. Transportation
plying direct routes connecting the islands in Sulu, Basilan, Tawi-Tawi and/or
the mainland parts of the Bangsamoro and passing through the Zones of Joint
Cooperation shall be considered intra-regional routes.

Section 23, Inland Waters. — The Bangsamoro Government shall have exclusive
Powers over inland waters, including, but not limited to lakes except Lake Lana,
marshes, rivers and tributaries. The Bangsamoro Parliament shall enact laws on
the regulation, management and protection of these resources. It may create a
Bangsamoro office and authorities for specific inland bodies of water that shall
exercise management powers over these bodies of water.

The Bangsamoro Government shall ensure that the utilization of these waters
shall primarily be for the benefit of the people in the Bangsamoro and shall ensure
that communities in the Bangsamoro in whose territory these waters are found
are given an equitable share from the revenues genenited from such utilization.

Section 24. Agriculture, Fisheries, and Aquatic Resources, — The Bangsamoro
Government's policies and laws on agriculture, fisheries, and aquatic resources
shall advance agriculture as a key development strategy, promote productivity


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measures, and provide support for farmers and fishers especially small
Jandholders and marginal fishers,

Trade and Industry

Section 25. Trade and Industry in the Bangsamoro. ~The Bangsamoro
Government recognizes the private sector as a maver of trade, commerce, and
industry. {t shall encourage and support the building up of entrepreneurial
capability in the Bangsamoro and shall recognize. promote, and protect
‘cooperatives and other medium, small and micro enterprises. It shall adopt and
implement cooperative development policies and Programs through the
enactment of a Bangsamoro Cooperative Code,

The Bangsamoro Government shall promote tmde and industry in the
Bangsamoro by providing avenues through which other countries can learn about
its unique industries, economic opportunities and culture through Participation in
trade missions, trade fitirs, and other promotional activities. It can also organize
trade missions to other countries observing the necessary coordination with the
relevant government agencies,

The Bangsamoro Government shall also promote domestic trade preference for
goods produced and materials sourced from within the Bangsamoro and adopt
Measures fo increase their competitiveness. The Bangsamoro Government shall
also ensure that Bangsamoro products and services gain considerable access to
the markets of its trading partners. and particular attention should also be given
to the markets of its trading partners who have historic and cultural ties to the
Bangsamoro,


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‘The Bangsamoro Government shall ensure that the utilization of these waters
Shall primarily be for the benefit of the people in the Bangsamoro and shall ensure
that host communities shall be given equitable share from the revenues generated
from such utilization.

Section 26, Barter Trade and Countertrade with ASEAN Countries, — The
Bangsamoro Government shall regulate traditional barter trade and counter-trade
with ASEAN countries. The goods or items that are traded with the said countries
shall not be sold elsewhere in the Sountry without payment of appropriate
customs or import duties,

‘Traditional barter trade and counter-trade refer to all cross-border trade of all
goods not otherwise considered illicit since time immemorial between the
Bangsamoro areas with ASEAN countries. ‘The Bangsamoro Government shall
ensure compliance with national standards and safety product standards
fequirements. Any dispute in relation to compliance or non-compliance shall be
brought to the intergovernmental relations mechanism.

Section 27, Economic Zones, Industrial Estates, and Free Ports. — The
Bangsamoro Government may establish economic zones, industrial estates, and
free ports in the Bangsamoro, this shall include the establishment of a
Bangsamoro Econamic Zone Authority which shall have similar powers as the
Philippine Economic Zone Authority. The Bangsamoro Parliament may provide
such additional powers and functions to the Bangsamoro Economic Zone
Authority as may be necessary to meet the special circumstances of the
Bangsamoro,

Once the Bangsamoro Economic Zone Authority is created by the Bangsamoro
Parliament, the Philippine Export Zone Authority shall no longer authorize any


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101

other economic zone within the Bangsamoro, Any corporation. firm, or entity
established within the Bangsamoro, by authority of the Philippine Export Zone
Authority, shall be placed under the jurisdiction of the Bangsamoro Economic
Zone Authority and shall continue to enjoy the benefits granted to it by the
Philippine Export Zone Authority,

Through the intergovernmental relations mechanism, the Bangsamoro
Government and the Central Government shall cooperate on customs.
immigration, and quarantine service including the attendant international
commitments thereto, to implement and make fully operational such economic
zones, industrial estates, and free ports within one (1) year from. their
establishment Business and other enterprises operating within the Bangsamoro
economic zones, industrial estates, and free ports shall be entitled to the fiscal
incentives and other benefits provided by the Central Government to special
sconomic zones. The Bangsamoro Government shall implement the fiscal
incentives and other benefits to investors in economic zones, industrial estates,
and free ports. Bangsamoro free ports shall be contiguous/adjacent to a seaport or
Airport. The area of coverage of u free pott may be so much as may be necessary
of that portion of the constituent local government unit/s of the Bangsamoro,
Subject to such criteria as the Bangsamoro Parliament may provide in law for that
Purpose, Existing free ports in the Autonomous Region in Muslim Mindanao are
hereby transferred to the Bangsamoro Government.

Section 28, Prohibition Against Toxic or Hazardous Substances. — The
Bangsamoro Government shall regulate, restrict or prohibit the use, importation,
transit, transport, deposit, disposal, and dumping of toxic or hazardous substances
within the Bangsamoro. It shall, in the same manner, regulate activities that may
adversely impact the environment and may be harmful to health, safety and
welfare of the Bangsamoro.


102

Section 29. Halal Program. — The Bangsamoro Government shall have the
power to accredit halal-certifying bodies in the Bangsamoro, It shall promote
awareness through the development and implementation of a halal campaign
program.

‘The Bangsamoro Parliament shall enact laws to flurther strengthen its policy and
programs on halal development.

Banking and Finance

Section 30. Banks and Financial Institutions. — The Bangsamoro Government
shall encourage the establishment of:
@ banks and financial institutions and their branches; and

b. offshore banking units of foreign banks within the Bangsamoro, and
Principles of the Islamic banking system

within the Bangsamoro, and in accordance with the principles of the Islamic
banking system.

‘The Bangsamoro Parliament shall enact laws on Islamic finance.

Section 31. Islamic Banking and Finance. — ‘The Bangsamoro Government, the
Bangko Sentral ng Pilipinas (BSP), the Department of Finance (DOF), and the
National Commission on Muslim Filipinos (NCMF) shall jointly promote the
development of an Islamic banking and finance system, to include among others
the establishment of a Shariah Supervisory Board and the promotion and
development of Shari ‘ah compliant financial institutions.

To facilitate the establishment of an Islamic banking and finance system, the
Central and the Bangsamoro Governments shall review existing market
¢nyironment and policies and adopt measures to enhance the competitiveness of


Islamic finance products and that Islamic financial Players are not inhibited from
introducing Islamic finance products. It shall further promote investor awareness
and acceptance in order to build a broader customer and asset base.

Section 32, Islamic Banking Unit in the Bangko Sentral ng Pilipinas. - An
Islamic Banking Unit shall be established in the Bangko Sentral ng Pilipinas
Which shall be headed and staffed by qualified Islamic Banking experts,
recommended by the Chief Minister of the Bangsamoro Government. The head
of the Islamic Banking Unit shall be chosen from among the three (3)
recommended by the Chief Minister.

‘The Chief Minister shall nominate at least three (3) qualified persons from the
Bangsamoro.

Section 33. Functions of the Shari'ah Supervisory Board And Qualifications
of its Members. - Without prejudice to the crafting of the Bangsamoro Islamic
banking and finance framework by the Bangsamoro Parliament, the following are
the functions and qualifications of the Shari'ah ‘Supervisory Board:

a. Functions. ~ The Shariah Supervisory Board shall be responsible for
monitoring the compliance of Shari'ah rules in banking and finance
transactions and issuance of Shari'ah products, Furthermore, as a
representative of the various wlama, it shall have the authority to issue
Satwas regarding the products and practices employed by banks and
other institutions.

4, Qualifications. — Subject to other qualifications that the Parliament may
enact, the members of the Board shall huve the necessary knowledge of
both Islamic jurisprudence and conventional banking and finance.


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15

Public Utilities And Infrastructure
Section 34. Energy and Power Generation. — The Bangsamoro Government
shall have authority to regulate power generation, transmission, and distribution
operating exclusively in the Bangsamoro through a Ministry of Energy which it
shall create. It may likewise create its own public utilities in the Bangsamoro,
including power generation utilities,

It shall promote investments, domestic and international, in the power sector
industry in the Bangsamoro,

Power plants and distribution networks in the Bangsamoro shall be able to
interconnect and sell power over the National Transmission Grid to electric
consumers. When power generation, transmission, and distribution facilities are
connected to the National Transmission Grid, the Central Government and the
Bangsamoro Government shall cooperate and coordinate through the
intergovernmental relations mechanism,

‘The Bangsamoro Government may assist electric cooperatives to ensure their
financial and operational viability. Assistance may be in the form of restructuring
of debts, with rehabilitation and efficiency improvement measures based on a set
of clear time-bound operational reform Programs. Other measures may be brought
to the Intergovernmental Relations Mechanism Body.

Section 35. Roads, Bridges, And Irrigation. — The Bangsamoro Government
shall be responsible for the public works in the Bangsamoro. However, the
Central Government shall continue to fund the construction and maintenance of
national roads and bridges and national irrigation systems in the Bangsamoro,
Central Government shall include in the national Road Network Information
System all national roads and bridges in the Bangsamoro. Funding for national


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roads, bridges, and irrigation systems shall be automatically provided and
regularly released by the central government.

Transportation and Communications

Section 36. Reserved, Concurrent, And Exclusive Powers. — The Central
Government and the Bangsamoro Government shall have reserved, concurrent,
and exclusive powers, based on the principles of subsidiarity, technical and
financial viability, harmonization, compliance with international standards,
treaties and conventions, mutun! respect and fecognition, and recognition of the
aspiration of the Bangsamoro to assume further powers as may be practically
Operational as its capacity develops. The intergovernmental mechanism shall
harmonize policies, programs, regulations and standards, and resolve problems of
implementation between the Central Goverment und the Bangsamoro
Government.

Section 37. Reserved powers — The Central Goverment shall exercise reserved
Powers over the airside operation of all existing airports within the Bangsamoro.

Section 38. Concurrent Powers. — The Central Government and Bangsamoro
Government shall have concurrent powers over the following

&. The Bangsamoro Government and the Central Government shall exercise
Concurrent powers in transportation and communications in the Zones of
Joint Cooperation;

b. The issuance of franchises, permits, provisional authorities for inter =
regional operation of land, air, and water transportation, as well as,
telecommunications facilities for non-Bangsamoro residents shall pertain
to the Central Government while the issuance of the same for Bangsamoro


residents shall be the authority of the Bangsamoro Government:

¢. Establishment and regulation of inter-regional routes, zones or areas of
operation that pass through, include or involve the territory of the
bangsamoro: provided, that when the origin and the destination of a route
are within the bangsamoro territory and it passes through the zones of joint
‘cooperation, it shall be considered an intra- regional route;

d. Designation and establishment of inter-regional airways; and

©. Promulgation of rules and regulations to promote safety and security in the
airside operation of civil aviation in the Bangsamoro,

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10 Section 39%. Exetusive Powers. — The Bangsamoro Government shall have the
11 following exclusive powers:
12 a. Exercise of the powers granted under RA 6734 and RA 9054 on

13 transportation and communications:

“4 b, Regulate the operation of land, air, and water transportation, as well as,
5 telecommunication facilities in the Bangsamoro, provided, that the Central
16 Government shall continue to fund the construction and maintenance of
17 airports and wharves;

co) ¢. Issuance of licenses, Certificates Of Public Convenience (CPCS), special
ct) permits (SP) and provisional authority (PA) to operate land, air, and water
20 transportation and telecommunication companies in the Bangsamoro:

a 4. Registration of land, air, and water transportation of all kinds and
22 telecommunication companies in the Bangsamoro; and

23 ¢. Exercise quasi-judicial powers over the operation of land, air, and water
24 transportation and telecommunication companies in the Bangsamoro in
25 accordance with the rules of procedure established by the Bangsamoro
26 Parliament.

27 Section 40. Intergovernmental Relations Mechanism. — The
28 intergovernmental relations mechanism may harmonize policies, programs,


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regulations and standards, and resolve problems of implementation between the
Central Government and the Bangsamoro Government,

Article XIV REHABILITATION AND DEVELOPMENT

Section 1. Rehabilitation and Development. ~ The Bangsamoro Government,
with funding support from the Central Government, shill intensify development
efforts for the rehabilitation, reconstruction and development of the Bangsamoro
as part of the normalization process. {t shall formulate and implement a program
for rehabilitation and development that will address the needs of MILF
combatants/BIAF members and decommissioned women auxiliary forces,
internally displaced persons, and povertystricken communities,

Section 2. Special Development Fund, ~ In order for the Bangsamoro to rebuild
its conflict- affected communities and catch up with the rest of the country, the
Central Government shall provide for a Special Development Fund to the
Bangsamoro for the rehabilitation and development of its conflict-affected
communities.

‘The amount equivalent to One Hundred Billion Pesos (P100B) shall be allocated
for this purpose to be utilized by the Bangsamoro Government for twenty (20)
years from the ratification of this Basic Law. For the first year following the
ratification of this Basic Law, the amount of Ten Billion Pesos (P1OB) shall be
given to the Bangsamoro Government. From the second to the fifth year, the
amount shall be Eight Billion Pesos (P8B) each year, and Six Billion Pesos (P6B)
for cach year from the sixth to the tenth year. Henceforth up to the twentieth year.
the amount shall be Two Billion Pesos (P2B) annually. Such amount shall be
released at the beginning of each fiscal year to the Bangsamoro Government.


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The utilization of the funds shall be in accordance with the Bangsamoro
Development Plan to be adopted by the Bangsamoro Government, as provided in
Article XII1, Section 5 of this kaw.

Article XV PLEBISCITE

Section 1, Establishment of the Bangsamoro, ~ (1) The establishment of the
Bangsamoro and the determination of the Bangsamoro territory shall take effect
upon ratification of this Basic Law by majority of the votes cast in the following
Provinces, cities, and geographical areas in a plebiscite conducted for the purpose
in the present geographical area of the Autonomous Region in Muslim Mindanao
(ARMM),

Section 2. Territorial Jurisdiction, - The plebiscite for Purposes of determining
the actual territorial jurisdiction of the Bangsamoro shall be conducted, as far as
practicable, within one hundred twenty (120) days from the effectivity of this
Basic Law.

For this purpose, the COMELEC shall undertake the necessury steps to enable
the holding of the plebiscite within the said period.

Section 3. Kesults of the Plebiscite. — Vor the present geographic area of the
ARMM: if the majority of the registered voters in each province and city vote in
favor of the Bangsamoro Basic Law (BBL), the respective provinces and cities
shall be included in the Bangsamoro.


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Section 4. Reconstitution of Local Government Units. — ‘The Bangsamoro
Parliament, may. by law, provide for the constitution of geographic areas in the
Bangsamoro into appropriate territorial or political subdivisions depending on the
results of any of the plebiscites herein. Nothing herein shall be construed to allow
the Bangsamoro Parliament to create congressional districts.

Section 5. Plebiscite Questions. The question to be asked of the voters in the
plebiscite shall be as follows:

1, For the Autonomous Region in Muslim Mindanao; Do you approve of the
Bangsamoro Basic Law?

Aside from English and Filipino, these questions shall be in the dominant
languages of the people in the areas which shall be covered by the plebiscite

Seetion 7, Plebiscite Monitoring. — The COMELEC shall also provide for the
accreditation of plebiscite monitors, including the intemational-damestic
monitoring body created by the GPH and the MILF negotiating panels, in
accordance with established international standards on election monitoring. The
monitoring body will have access to all operations related to the conduct of the
plebiscite and be able to conduct regular and random checks. ‘The reports of the
monitoring body shall be made available to the Panels for their disposition.

Section 8. Qualified Voters. — All registered voters in the provinces, cities and
geographical ureas mentioned in Section I shall be qualified to participate in the
plebiscite on the establishment of the Bangsamoro. Notwithstanding existing
laws, rules, and regulations on overseas and local absentee voters, the
COMELEC shall ensure that qualified voters for the plebiscite who are located
outside the Bangsamoro on the date of the plebiscite shall be given the
opportunity to vote, and that voters who are currently registered outside the areas


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specified but are otherwise qualified to be registered voters of the areas,
complying with residency requirements under Inw, shall be given the opportunity
to transfer their registration accordingly, in time for the conduct of the plebixcite

Section 9. Special Registration. The COMELEC shall conduct a special
registrution before the date of the plebiscite on the Bangsamoro Basic Law.

Section 10. Promulgation of Rules for the Conduct of Plebiscite. The
COMELEC shall promulgate rules necessary for the conduct of plebiscite,
including those for the accreditation of plebiscite monitors, voluntary inclusion
im the plebiscite and the special registration of voters as provided herein, within
thirty (30) days from the effectivity of this Basic Law, with the primary objective
of optimizing the opportunity for Participation in the plebiscite of qualified voters
in the areas specified for the creation of the Bangsamoro,

Section 11. Information Campaigns. — The Commission on Elections shall
Supervise the conduct of information campaigns on the plebiscite, including
sectoral campaigns for indigenous communities, women, youth, religious,
Professionals and public and private sector employees, in every municipality,
city, and province where the plebiscite is conducted.

Public conferences, assemblies, or mectings on dates before the plebiscite day
itself shall be held to inform the residents thereof regarding the significance and
meaning of the plebiscite and to help them to cast their votes intelligently. Free,
full, and constructive discussion and exchange of views on the issues shall be
encouraged.


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For this purpose, the assistance of persons of known probity and knowledge may
be enlisted by the Commission on Elections, the local government units or
interested parties to act as speakers or resource persons,

Such campaign will be without prejudice to other information dissemination and
public advocacy initiatives by the other government or non-government groups
or individuals,

For information campaigns and other public advocacy initiatives with indigenous
communities, local leaders shall be engaged to lead discussions in their respective
communities,

Public advocacy initiatives shall be conducted within the framework of solidarity,
cooperation, and unity among Moro, indigenous, and settler communities.
Consultations shall give due respect to the roles of indigenous and Moro women,
and encourage their active participation.

Section 12. Appropriation. — A sufficient amount is hereby appropriated for the
requirements of the conduct of the plebiscite, including the monitoring,
information campaign and the registration of voters; Provided, that the
Commission on Elections shall determine the manner of campaigning and the
deputization of government agencies for the purpose.

Article XVI
BANGSAMORO TRANSITION AUTHORITY

Section 1, Transition Period, — The transition or interim period for the
establishment of the Bangsamoro shall commence upon ratification of this Basic
Law,


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The law shall be deemed ratified upon proclamation of the Commission on
Elections, or its duly authorized officers, that # majority of the votes cast in the
plebiscite in the constituent units are in favor of the creation of the Bangsamoro.
The fitet of ratification shall be confirmed by the GPH and MILF negotiating
panels.

‘Transition period shall end upon the dissolution of the Bangsamoro Transition
Authority, as provided in this Basic Law

‘The period of transition herein defined shall be without prejudice to the initiation
or continuation of other measures thut may be required by post-conflict transition
and normalization even beyond the term of the BTA.

Section 2. Bangsamoro Transition Authority. — There is hereby created a
Bangsamoro Transition Authority (BTA) which shall be the interim goverment
or the governing body in the Bangsamoro during the transition period. The Moro
Islamic Liberation Front (MILF), being the principal party to the Comprehensive
Agreement on the Bangsamoro, shall lead the BTA, in its leadership and
membership,

The BTA shall be composed of fifty ($0) members, all of whom shall be
appointed by the President; Provided that, non-Moro indigenous communities,
women, settler communities and other sectors shall have representatives in the
BTA. Nominations may be submitted to the office of the President for this
purpose.

‘The Council of Leaders as provided in Section 5, Article VI shall also be
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Section 3, Powers and Authorities. — Legislative and executive powers in the
Bangsamoro during transition shall be vested in the BTA. ‘During the transition
period, executive authority shall be exercised by the interim Chief Minister, who
shall be appointed by the President as such, while legislative authority shall be
exercised by the BTA,

All powers and functions of the Bangsamoro Government as provided in this law
is vested in the BTA during the transition period.

For purposes of mechanisms for intergovernmental relations with the Central
Government and local governments units in the Bangsamoro, the BTA shall be
deemed as the Bangsamoro Government for the duration of the transition period.

Section 4. Functions and Priorities. — The BTA shall ensure the
accomplishment of the following priorities during the transition period:

@ Enactment of priority legislations such as the Bangsamoro Administrative
Code, the Bangsamoro Revenue Code and the Bangsamoro Electoral Code,
consistent with powers and prerogatives vested in the Bangsamoro
Goverment by this Basic Law; Provided that, until the abovementioned
Jaws are enacted for the Bangsamoro, Muslim Mindanao Autonomy Act No.
25 of the ARMM Local Government Code, and subsisting laws on elections
and other electoral matters shall apply in the Bangsamoro.

The BTA may also enact a Bangsamoro Civil Service Code, as provided in
this Basic Law, In the absence of the latter, national civil service laws and
regulations are primarily applicable in the Bangsamoro;

The BTA shall have the power to enact a law to recognize, protect,
Promote, and preserve the rights of the indigenous peoples in the


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Bangsamoro. Until such law is enacted and passed, subsisting laws on
indigenous peoples in the Bangsamoro shall be operational,

These rights shall be promoted, protected, and enforced by the Ministry of
Indigenous People’s Affairs, as provided under Article XVI, Section 8.

b Organization of the bureaucracy of the Bangsamoro Goverment during
transition, including the approval and implementation of a transition plan, and
the institution of a placement process for hiring of personnel during transition
‘This shall also include the Setting up of offices and other institutions necessary
for the continued functioning of government and delivery of social services in
the region, as well as those necessary for the smooth operations of the first elected
Bangsamoro Government in 2022:

‘¢. Pull transfer of powers and properties of the ARMM. Regional Government to
the Bangsamoro Government, and the disposition of personnel, as provided in
this Basic Law,

a. Transition from the ARMM Regional Government to the Bangsamoro
Government, as provided in this Basic Law; and

b. Other matters that may be necessary for the protection and promotion of general
welfire of the constituents of the Bangsamoro,

Section 5. Continuity of Government — To foreclose any political interregnum
in the governance of the region, the Bangsamoro Transition Commission (BTC),
an independent body created by E.O. 08, shall continue to exist to wind up and
caremke the administration of the region until the Bangsamoro Transition
Authority (BTA) is constituted.


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Section 6. Transition Plan, ~ Within the first sixty (60) days of the transition
period. the interim Chief Minister shall submit to the BTA a transition plan that
shall contain the proposed organizational plan, as well as the schedule therefor
The BTA shall approve or otherwise act on the proposed transition plan within
ten (10) days upon submission by the interim Chief Minister. It shall be
implemented within fifteen (15) days from its approval.

Section 7. lnterim Officers. — The interim Chief Minister shall organize the
interim Cabinet and shall appoint an interim Deputy Chief Minister, who shall
also be a member of the BTA. The interim Chief Minister shall also appoint such
other ministers as may be necessary to perform the functions of government
during transition, # majority of whom shall be from among members of the BTA,

Members of the BTA who are appointed to cabinet Positions shall serve their
offices concurrently, Provided that, no member of the BTA may be appointed,
elected or otherwise hold more than two (2) positions at the same time.

Section 8, Interim Cabinet. - The Interim Cabinet shall be composed of fifteen
(15) primary ministries with sub-offices, namely;

a Finance, and Budget and Management;

b. Social Services;

©. Trade, Investments, and Tourism;

d. Labor and Employment;

¢ Transportation and Communication [including Information and
Communications Technology (ICT)};

{£ Education, Commission on Higher Education (CHED), and Technical
Education and Skills Development Authority (TESDA),

& Indigenous Peoples’ Affairs;


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h Health,

i. Public Works;

J. Local Government;

k. Environment, Natural Resources, and Energy;

1 Human Settlements and Development;

m, Science and Technology;

n. Agriculture, Fisheries, and Agrarian Reform; and
0, Public Order and Safety.

Other offices on youth, women, settler communities, disaster risk reduction and
management, and planning and development, among others, may be created by
the Bangsamoro Transition Authority.

The Attorney General's Office, under the Office of the Chief Minister, shall
likewise be created by the BTA.

Section 9, Organization of the Bureaucracy. — The authority of the BTA to
create offices and organize the bureaucracy during transition is without prejudice
to the authority of the Bangsamoro Government to reorganize the bureaucracy
Upon its constitution, or any time thereafter In the exercise of this authority, the
BTA shall ensure the least possible disruption to the functioning of goverment
and the delivery of services in the region

All offices and institutions created by laws enacted by the ARMM. Regional
Legislative Assembly shall be deemed part of the ARMM Government and shall
be subject to the phase out plan that will be adopted by the BTA

Section 10. Transfer of Powers and Properties and Disposition of Personnel.
~ All powers, functions, assets, capital, receivables, equipment and facilities of


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the ARMM Regional Government at the time of the ratification of this Basic Law
shall be transferred to the Bangsamoro Government.

‘The BTA shall schedule the gradual phasing out of offices of the ARMM, which
are decmed abolished upon the ratification of the Bangsamoro Basic Law. In
consideration of public interest and the delivery of services, officials holding
appointive positions shall continue to perform their functions in accordance with
the schedule,

The Central Government shall provide the necessary funds for the benefits and
entitlements of affected employees in the Autononous Region in Muslim
Mindanao.

An inventory will be conducted by iin inter-agency headed by the Office of the
President, Department of Budget and Management, Commission on Audit, and
Civil Service Commission, to ensure that the linbilities of the Autonomous
Region in Muslim Mindanao under law, contracts or others will be settled by the
Central Government prior to the turnover to the BTA.

For this purpose, the Office of the Regional Governor of the Autonomous Region
in Muslim Mindanao shall tumover to the BTA, upon the latter's constitution, a
summary report on the status of the Regional Government as of the date of the
matificution of this Basic Law, including information on the status of devolution,
personnel, properties, and assets of the Regional Government.

Employees separated from the service as a result of the abolition of the
Autonomous Region in Muslim Mindanao under the provisions of this Act shall
within two (2) months from the date of their separation, receive separation pay
equivalent to three (3) month’s salary per year of service. In addition, those who
are qualified to retire from the service shall be entitled to the benefits provided


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under existing retirement laws.

Qualified employees may reapply subject to qualification standard that may be
set by the Bangsamoro Transition Authority and CSC rules and regulations.

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

Section 11. Disposition of Personnel and Assets of Central Government
Offices/Agencies. — The Central Government shall provide for the disposition of
personnel of Central Government or National GOCCs whose mandate and
functions are transferred 10 or now vested in the Bangsamoro Government by
virtue of this Basic Law. Properties and assets shall be transferred to the
Bangsamoro Government within six (6) weeks from the organization of the BTA.
‘The transfer of properties and assets is without prejudice to the power of the BTA
to organize the bureaucracy during transition.

Section 12. Dissolution of the BTA. — Immediately upon the qualification of the
elected Chief Minister under the first Bangsamoro Parliament, the Bangsamoro
Transition Authority shall be deemed dissolved.

The BTA shall submit its final report and recommendations to the Bangsamoro
Parliament. as well as to the House of Representatives and the Senate, on the
Status of government during the transition period within sixty (60) days from the
assumption into office of all members of the first Parliament.

Section 13. Regular Elections. ~The first regular elections for the Bangsamoro
Government under this Basic Law shall be held on the first Monday of April


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2022. It shall be governed by the Bangsamoro Electoral Code. The National
Omnibus Election Code shall apply suppletorily, whenever appropriate. The
Commission on Elections (COMELEC), through the Bangsamoro Electoral
Office, shall promulgate rules and regulations as may be necessary for the
conduct of said elections, and enforce and administer the same, consistent with
this Basic Law and the Bangsamoro Electoral Code, as correlated with relevant
national laws.

Section 13. Initial Funding for Transition. — To carry out the requirements of
transition, including the organizational activities of the BTA, organization of the
bureaucracy, hiring of personnel, and the exercise of functions and powers of the
BTA, as provided in this Basic Law, the amount of One Billion Pesos
(1,000,000,000.00) is hereby appropriated for the BTA, charged against the
General Funds of the Central Government. In addition, the current year's
appropriations for the ARMM shall also be transferred to the BTA for this

purpose.

This shall be without prejudice to any supplemental budget that may be
appropriated by Congress to support the transition,

Government functions falling within the reserved powers of the Central
Government in the Bangsamoro shall continue to be financed by the Central
Government funds,

Article XVIT
AMENDMENTS AND REVISIONS

Section 1. Amendments and Revisions. — All proposals to amend or revise the
provisions of this Basic Law shall be first discussed and endorsed by the


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Philippine Congress-Bangsamoro Parliament Forum to Congress for prior
hearings and due enactment into law.

‘Such amendment ot revision, as enacted by Congress, shall became effective
upon approval by 8 majority vote of qualified voters in the Bangsamoro cust in a
plebiscite called for the purpose.

The plebiscite shall be held not earlier than sixty (60) days or later than ninety
days after the approval of such amendment or revision.

Article XVII
FINAL PROVISIONS

Section |. Separability Clause. ~ The provisions of this Basic Law are deemed
Separate. If, for any reason, any section or provision of this Basic Law is declared
‘unconstitutional, other sections or provisions, which are not affected by such
declaration shall continue to be in full force and effect.

Section 2. Repealing Clause. — All laws, decrees. orders, rules and regulations,
and other issuances or parts thereof. which are inconsistent with this Basic Law,
are hereby repealed or modified accordingly.

Section 3. Subsisting Regional Laws, — All subsisting laws enacted by the
Regional Legislative Assembly of the Autonomous Region Muslim Mindanao by
virtue of authorities provided under Republic Act No, 6734, as amended by
Republic Act No, 9054, shall be deemed in effect, unless inconsistent with the
Basic Law or repealed by laws pissed by the Bangsamoro,

Section 4, Effectivity Clause. —This Basic Law shall take effect fifteen (15) days
following its complete publication in at least two (2) national newspapers of


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general circulation and one (1) local newspaper of general circulation in the

autonomous region

Section 5. Abolition of the ARMM. — Upon the ratification of this Basic Law,
the Bangsamoro shall be deemed established, and the ARMM shall be deemed
abolished.