Creation and Composition of the Autonomous Region
- Autonomous Region created by plebiscite in specified provinces and cities.
- Provisional seat of government is Cotabato City until fixed by the Regional Legislative Assembly.
Guiding Principles and Policies
- ARMM remains integral part of the national territory; allegiance to the Republic of the Philippines is incumbent.
- Emphasizes peaceful conflict resolution; local autonomy is prioritized with devolution to local government units.
- Urban centers governed by their existing charters without diminishment.
- Prohibits discrimination; promotes respect for diverse beliefs, customs, and traditions.
- Adopts culturally responsive educational policies.
- Aims to improve welfare of marginalized groups, promote equitable resource use, including indigenous rights.
- Labour rights, women’s and children’s rights, and health services are protected and promoted.
- Tax incentives and national financial support are provided for regional development.
Devolution of Powers
- Powers devolved are exercised by Regional Assembly, Governor, and special courts, respecting constitutional rights.
Powers of Government
- Regional government exercises necessary powers for governance and development consistent with decentralization.
- Specified exclusive powers reserved for the National Government include foreign affairs, defense, customs, taxation (income), and others.
- Eminent domain power granted to the Regional Government.
Inter-governmental Relations
- The President exercises general supervision over the ARMM.
- Regional Government coordinates with National Government particularly on judiciary and law enforcement.
Legislative Department
- Legislative power vested in the Regional Assembly with members elected by popular vote.
- Membership qualifications: natural-born citizen, 21 years old, literacy, residency requirements.
- Mechanisms include approval of budgets, laws, creation or alteration of local units, and disciplinary provisions for members.
- Legislative procedures include readings, veto powers by Governor, and publication mandates.
Executive Department
- Executive power vested in a Regional Governor with qualifications and term limits defined.
- Assisted by a Cabinet with representation from indigenous communities, appointed with Assembly confirmation.
- Vice-Governor elected with similar qualifications; succession rules detailed.
- Prohibitions on holding concurrent offices and engaging in conflicting business interests.
- Budget submission and appropriation rules, including veto and audit procedures, are stipulated.
Administration of Justice
- Supreme Court and other national courts maintain judicial powers.
- Establishment of Shari’ah Appellate and other Shari’ah courts with jurisdiction over Islamic law, family, and property relations.
- Creation of tribal courts for resolving indigenous peoples' disputes according to customary law.
- Codification efforts for tribal and Islamic laws mandated.
- National law prevails in conflict; jurisdiction rules defined.
Fiscal Autonomy
- Authority to create revenue sources excluding income tax.
- Taxes must follow uniformity and equity; no customs duties or taxes on goods in transit.
- Revenue sharing among province/city, Regional Government, and National Government established.
- Foreign loans governed by national laws; domestic loans subject to Assembly approval.
Ancestral Domain, Lands, and Agrarian Reform
- Recognition and protection of ancestral domains and lands belonging to indigenous cultural communities.
- Judicial processes for affirming traditional possession and land claims.
- Prohibitions against disposal or resettlement of ancestral lands to nonmembers.
- Agrarian reform law to be enacted suited to regional circumstances.
Urban and Rural Planning and Development
- Regional Government to promote integrated development policies and special programs for indigenous communities.
- Regional Planning and Development Board established for planning, coordination, and approval of projects.
Economy and Patrimony
- Regional authority over natural resources except strategic minerals and areas reserved by the National Government.
- Empowerment to grant franchises, leases, and regulate mining and public utilities.
- Support for agricultural productivity, fishing rights, cooperatives, and small to medium cottage industries.
- Promotion of tourism respecting cultural heritage.
- Regulation of foreign investments subject to national policy.
Public Order and Security
- Priority on peace and protection of life and property.
- Regional police created under Philippine National Police administration with supervision by Regional Governor.
- National Government responsible for defense with regional preference in assignments.
- Conditions under which Armed Forces may be called upon by Regional Governor specified.
Education, Science and Technology, Arts and Sports
- Commitment to integrated quality education responsive to cultural and economic needs.
- Policies include inclusive language use, madrasah supervision, and academic freedom for state universities.
- Promotion of science, technology, cultural heritage, physical education, and sports.
Social Justice, Services, and Other Concerns
- Promotion of social justice through political, social, and economic opportunity.
- Expansion of health, welfare, housing, rehabilitation, and child and women’s rights programs.
- Protection of labor rights and affirmative representation for women and youth.
- Possible creation of Human Rights Commission under supervision of national body.
General Provisions
- Requirement of oaths of allegiance by officials and employees.
- Restrictions on military personnel holding civilian positions in the Autonomous Government.
- Organic Act to be promulgated in multiple languages; English prevails in case of conflict.
Amendments or Revisions
- Amendments require Congressional approval and plebiscite ratification.
- Regional Assembly may initiate revisions requiring Congressional approval.
Transitory Provisions
- Abolishment of previous regional bodies; transfer and absorption of personnel and assets outlined.
- Creation of Oversight Committee for orderly transfer of powers and resources.
- Schedule for transfer of national government offices and functions within six years.
- Budgetary processes and initial elections detailed.
- Provision of initial funding and continued national financial assistance for regional development.
- Separability clause to maintain validity if parts are held unconstitutional.
- Repeal of inconsistent laws and conditions for creation of Autonomous Region specified.
- Effectivity upon publication and plebiscite ratification.