Title
Organic Act for Autonomous Region in Muslim Mindanao
Law
Republic Act No. 6734
Decision Date
Aug 1, 1989
The Organic Act for the Autonomous Region in Muslim Mindanao establishes an autonomous region within the Philippines, aiming to develop a just and humane society, secure autonomy and equality, and protect the distinct beliefs and traditions of its inhabitants.
A

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.

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