QuestionsQuestions (Republic Act No. 11054)
The political entity is the “Bangsamoro Autonomous Region in Muslim Mindanao.” The short title is “Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao.”
Those who, at the advent of Spanish colonization, were considered natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands, whether of mixed or full blood, have the right to identify themselves, their spouses, and descendants as Bangsamoro.
The Bangsamoro Parliament adopts the official flag, emblem, and hymn; the flag of the Republic of the Philippines must always be displayed alongside the Bangsamoro flag; whenever the Bangsamoro hymn is sung, it must be preceded by the singing of the Philippines National Anthem.
Territorial jurisdiction includes land mass and waters over which the Bangsamoro Autonomous Region has jurisdiction, and it remains an integral, indivisible, and inseparable part of the national territory of the Republic of the Philippines.
It includes: (a) the area under ARMM created by RA 6734 as amended by RA 9054, subsisting until ratification; (b) specific municipalities in Lanao del Norte that voted for inclusion in the 2001 plebiscite; (c) specified 39 barangays in North Cotabato that voted for inclusion in 2001; (d) the City of Cotabato; (e) the City of Isabela in Basilan; and (f) all other contiguous areas through LGU resolution or a petition of at least 10% of registered voters filed at least two months before ratification, subject to plebiscite conditions.
It takes effect upon ratification of the Organic Law by majority of votes cast in the abovementioned territorial jurisdiction in a plebiscite. In all cases, the political units directly affected must vote favorably in the plebiscite.
All inland waters within Bangsamoro territorial jurisdiction (lakes, rivers, river systems, streams) form part of Bangsamoro inland waters; municipal waters extend up to 15 km and regional waters up to 19 km from the low-water mark. Special rules apply when constituent LGUs are on opposite shores with specific water distances.
Article IV provides that the Bangsamoro Autonomous Region shall have a democratic political system and a parliamentary form of government. Under Article VII, executive function and authority is exercised by the Cabinet headed by the Chief Minister.
RA 11054 states that all powers, functions, and responsibilities not granted by the Constitution or by national law to the Bangsamoro Government remain with the National Government. Also, Bangsamoro powers are subject to the general supervision of the President.
The President exercises general supervision to ensure laws are faithfully executed and may suspend the Chief Minister for a period not exceeding six months for willful violation of the Constitution, national laws, or the Organic Law.
It coordinates and resolves intergovernmental issues through regular consultation and continuing negotiation (non-adversarial). It must exhaust means to resolve issues; unresolved issues are elevated to the President through the Chief Minister.
It has 80 members unless increased by Congress. Seats are allocated through: (a) party representatives (half of members) via proportional representation; (b) parliamentary district seats (not more than 40%); and (c) reserved seats and sectoral representatives (at least 10%, including two reserved seats each for non-Moro indigenous peoples and settler communities, and sectoral seats for women, youth, traditional leaders, and the Utama).
The elected party representative forfeits the seat if they change political party affiliation during the term. If the change occurs within six months before an election, the person is ineligible for nomination as party representative under the new party or organization.
Must be a Filipino citizen, at least 25 years old on election day, able to read and write, and a registered voter in the Bangsamoro Autonomous Region. For youth representative: 18 to 30 years old. For district representative: registered voter of the district and has resided there at least one year immediately preceding the election.
The Parliament elects the Chief Minister by majority vote of all its members. If none obtains the required majority in the first round, a runoff election is conducted between the two candidates with the highest votes.
The Wali serves as ceremonial head. The Wali’s duties are ceremonial/ministerial: opening the session of Parliament, administering the oath of office, dissolving Parliament upon advice of the Chief Minister after a no-confidence vote, calling elections of a new Parliament, and attending public ceremonies.
Grounds include: voluntary resignation; conviction of a grave offense or finding of guilt of a grave offense as defined; permanent physical/mental incapacity or death; substitution by the party under the proportional representation system; expulsion by Parliament with concurrence of two-thirds; and other grounds provided in the Bangsamoro Electoral Code.