QuestionsQuestions (Republic Act No. 9054)
RA 9054 states that the Autonomous Region shall be called the Autonomous Region in Muslim Mindanao, unless otherwise provided by the Regional Assembly, and that it shall be governed by the Regional Government.
RA 9054 expands the region to include additional provinces and cities that vote favorably in a plebiscite called for the purpose, consistent with the Constitution (Art. X, Sec. 18) and local autonomy provisions under RA 7160.
(a) For the four original provinces (Maguindanao, Lanao del Sur, Sulu, and Tawi-Tawi): the question asks whether voters favor the amendments to RA 6734 including the expansion of the region. (b) For proposed provinces/cities: the question asks whether voters favor the inclusion of their province or city in the Autonomous Region in Muslim Mindanao.
If a majority of voters in each of the four original provinces vote in favor, the amendments are deemed ratified; otherwise, the amendments are deemed rejected except that provinces and cities that voted for inclusion become members of the autonomous region.
A majority of the votes cast in the plebiscite in that province or city in favor of inclusion effects its membership in the autonomous region.
The provisional seat is in Cotabato City until transferred. The Regional Assembly elects after the plebiscite must, within its term, identify the site of the permanent seat, taking into consideration accessibility and efficiency, and the national government shall appropriate funds for the transfer.
Examples include: integral part of the Republic; peaceful settlement of conflicts and renouncing lawless violence; devolution of powers to local government particularly in education/health/human resources/tech and people empowerment; recognition and protection of customs and religious freedom; protection of women and children; and environmental protection and sustainable development.
RA 9054 directs that the regional government adopt a policy on local autonomy where regional powers are devolved to local government units particularly in areas such as education, health, human resource development, science and technology, and people empowerment. Until a regional law is enacted, RA 7160 continues to apply.
The Regional Assembly, in consultation with the Supreme Court and consistent with the Constitution, may formulate a Shari’ah legal system including criminal cases applicable only to Muslims or those who profess the Islamic faith, limited by constitutional prohibitions (e.g., against cruel and unusual punishment) and relevant national human rights legislation.
Shari’ah courts have jurisdiction over personal, family, property relations, and commercial transactions, and also over criminal cases involving Muslims.
The Regional Assembly may not legislate on certain reserved matters, including foreign affairs, national defense and security, postal service, coinage and fiscal/monetary policies, and administration of justice (though it may legislate on matters covered by Shari’ah, with limitations).
RA 9054 creates a Regional Human Rights Commission whose chair and two commissioners are appointed by the President upon recommendation of the Regional Governor. It performs functions of the central human rights commission in the autonomous region, and decisions may be appealed to the Court of Appeals on questions of law.
A person must be a natural-born citizen, at least 21 years old on election day, able to read and write, a registered voter of the district where they file candidacy, and a resident of the district for at least five (5) years immediately preceding the election.
Members of the Regional Assembly have a three (3)-year term beginning at noon on Sept. 30 after election and ending at noon three years later, and no member may serve more than three (3) consecutive terms.
Sectoral representatives may not exceed 15% of the total number of elected members of the Regional Assembly, coming from sectors such as agriculture, labor, urban poor, disabled, indigenous cultural communities, youth, and women.
The Regional Governor, Regional Vice Governor, or members of the Regional Assembly may be recalled only once during their respective terms for loss of confidence. There is no recall within one year from assumption of office or within one year immediately preceding a regional election; if no regional recall procedure exists, the Local Government Code recall procedure applies.