Constitutional framework and purpose
- Section 2, Article II provides that the purpose of Republic Act No. 6734 is to establish the Autonomous Region in Muslim Mindanao, provide its basic government structure within the framework of the Constitution and national sovereignty and the territorial integrity of the Republic of the Philippines, and ensure peace and equality before the law of all people in the Region.
- Section 1, Article III affirms that the Region remains an integral and inseparable part of the national territory as defined by the Constitution and existing laws.
- Section 1, Article III requires the people of the Region to uphold the Constitution and to owe allegiance and fidelity to the Republic of the Philippines.
- Section 1, Article III requires the Region to be governed and administered in accordance with the Organic Act.
Creation, area, and seat
- Section 1, Article II creates the Autonomous Region in Muslim Mindanao, composed of provinces and cities that voted favorably in the plebiscite conducted for the purpose under Section 18, Article X of the Constitution.
- Section 1(2), Article II enumerates the covered provinces: Basilan, Cotabato, Davao del Sur, Lanao del Norte, Lanao del Sur, Maguindanao, Palawan, South Cotabato, Sultan Kudarat, Sulu, Tawi-Tawi, Zamboanga del Norte, and Zamboanga del Sur.
- Section 1(2), Article II enumerates the covered cities: Cotabato, Dapitan, Dipolog, General Santos, Iligan, Marawi, Pagadian, Puerto Princesa, and Zamboanga.
- Section 2, Article II provides that the Regional Legislative Assembly fixes the permanent seat by law, considering accessibility and efficiency.
- Section 2, Article II sets the provisional seat of the Regional Government in Cotabato City.
Guiding policies and governance directives
- Section 2, Article III requires the Regional Government to adopt a policy of settlement of conflicts by peaceful means and renounce any form of lawless violence as an instrument of redress.
- Section 3, Article III requires a policy of local autonomy through devolution of regional powers to local government units where appropriate; until a regional implementing law is enacted, the Local Government Code applies.
- Section 4, Article III preserves the governance by existing charters of highly urbanized cities within the Region and prohibits any construction that diminishes their existing powers and functions.
- Sections 5–7, Article III mandate measures for mutual respect and protection of distinct beliefs/customs/traditions, prohibit discrimination based on specified grounds, require educational policies responsive to special needs with due respect to traditions, and direct the Region to improve the well-being of marginalized, deprived, disadvantaged, underprivileged, and disabled.
- Sections 8–13, Article III direct authority over natural resources (with priority rights for indigenous cultural communities), require manpower training and livelihood/job opportunities, require protection of women and children and prohibit their exploitation, require delivery of basic health education and services, require incentives for prompt payment of taxes, and direct national financial assistance to accelerate development of the Region.
Devolved powers and corporate character
- Section 1, Article IV confirms that the fundamental rights and duties in the Region are those established by the Constitution and the Organic Act.
- Section 2, Article IV provides that devolved powers are exercised through the Regional Assembly, the Regional Governor, and the special courts provided in the Act.
- Section 1, Article V gives the Regional Government powers/functions necessary for proper governance and development consistent with constitutional policy on regional and local autonomy and decentralization, while prohibiting authorization that would diminish local government units’ existing powers and functions.
- Section 2, Article V establishes the Autonomous Region as a corporate entity with jurisdiction over matters devolved to it by the Constitution and the Organic Act, including:
- administrative organization;
- creation of revenue sources;
- ancestral domain and natural resources;
- personal, family and property relations;
- regional urban and rural planning development;
- economic, social, and tourism development;
- educational policies;
- preservation and development of cultural heritage;
- powers/functions/responsibilities exercised by national departments, except enumerated national matters (including foreign affairs, national defense and security, postal service, coinage and fiscal/monetary policies, administration of justice, quarantine, customs and tariff, citizenship, naturalization/immigration/deportation, general auditing/civil service/elections, foreign trade, specified transportation/communications affecting areas outside the Region, and patents/trademarks/tradenames/copyrights), and other matters authorized by law for the general welfare of the Region.
- Section 3, Article V authorizes the Regional Government to exercise the power of eminent domain.
Intergovernmental relations and supervision
- Section 1, Article VI provides that the President exercises general supervision over the Regional Government (including local government units therein) directly or through the Regional Governor, to ensure faithful execution of national and regional laws.
- Section 2, Article VI requires close coordination between the Regional Government and the National Government for orderly management of the special courts within the Region.
Legislative department: Regional Assembly
- Section 1, Article VII vests legislative power in the Regional Assembly, except reserved powers of the people under initiative and referendum as provided by law.
- Section 2, Article VII empowers the Regional Assembly to create/divide/merge/abolish/substantially alter municipal or barangay boundaries under criteria of existing law, subject to approval by a majority of votes cast in a plebiscite in affected political units; it also authorizes changes of names of local government units, public places and institutions.
- Section 3, Article VII requires the Regional Assembly to approve the budget of the Autonomous Region.
- Section 4, Article VII provides that the Regional Assembly has members elected by popular vote with three (3) members from each of the congressional districts.
- Sections 5–8, Article VII provide:
- a three (3) year term beginning at noon on the 31st day of March next following election, unless otherwise provided by law;
- a limit of no more than three (3) consecutive terms;
- a special election if vacancy occurs at least one year before term expiration, with the elected member serving only the unexpired term;
- eligibility requirements including natural-born citizenship, at least twenty-one (21) years of age, ability to read and write, being a registered voter of the district on the day of filing the certificate of candidacy, and residency of not less than five (5) years immediately preceding the election;
- an oath/affirmation of allegiance to the Republic before taking seat.
- Sections 9–12, Article VII establish:
- annual salaries of P120,000.00 for members and P144,000.00 for the Speaker, with prohibition on receiving other Government emoluments during tenure;
- automatic forfeiture of seat for a Member who accepts and qualifies for any Government position, including government-owned or controlled corporations or subsidiaries;
- a full disclosure requirement of financial and business interests, including those of spouses and unmarried children under eighteen (18) years of age living in the household, and notification of potential conflict of interest;
- expulsion for non-disclosure upon a two-thirds (2/3) vote of all Members, without prejudice to other liabilities;
- restrictions preventing Members from personally appearing as counsel before courts/quasi-judicial or administrative bodies, from financial interest in government contracts/franchises/special privileges during tenure, and from intervening in matters for pecuniary benefit.
- Sections 13–16, Article VII provide legislative privilege from questioning/liability for speech or debate, require the Assembly to adopt rules of procedure, establish quorum rules, require public inquiries/consultations to follow Assembly rules and respect rights of persons affected, require maintenance of journal and records open to public scrutiny, and require that regular sessions commence on the 4th Monday of April and continue until thirty (30) days before opening of the next regular session (excluding Saturdays, Sundays, and legal holidays); it also authorizes special sessions upon request of one-third (1/3) of all Members or call of the Regional Governor with a specific agenda.
- Sections 17–19, Article VII establish the lawmaking process:
- no bill becomes regional law unless it passes three (3) readings on separate days and final printed copies are distributed to Members three (3) days before passage, except when the Regional Governor certifies necessity for immediate enactment to meet public calamity or emergency;
- bills become law only after submission to the Regional Governor, with approval by signature, veto for ultra vires provisions and/or policy objection, and reconsideration where passage requires a two-thirds (2/3) vote of all Members;
- the Regional Governor must communicate veto within thirty (30) days from receipt or the bill becomes law as if signed;
- the Speaker must submit certified true copies of laws and resolutions to the President and both Houses within ten (10) working days from approval.
Executive department: Regional Governor and Vice-Governor
- Section 1, Article VIII vests executive power in an elected Regional Governor, elected at large by direct vote of the people.
- Sections 2–3, Article VIII provide that the Governor is assisted by a Cabinet of nine (9) members (at least four preferably from indigenous cultural communities), with members registered voters and residents of the Region for at least five (5) years immediately preceding appointment; the Governor appoints them subject to confirmation by the Regional Assembly, and the Governor must be a natural-born citizen, a registered voter of the Autonomous Region, able to read and write, at least thirty-five (35) years of age, and a resident for at least five (5) years preceding election.
- Sections 4–6, Article VIII provide a Vice-Governor elected with the Governor, having the same qualifications and term rules, and not serving more than two (2) consecutive terms; the term begins at noon on the 31st day of March next following election and ends at noon of the same date three years thereafter.
- Section 7, Article VIII requires an oath/affirmation before assuming office, including faithful and conscientious fulfillment of duties, preservation and defense of the Constitution and the Organic Act, justice to every man, and consecration to service.
- Section 8, Article VIII sets annual compensation of P180,000.00 for the Governor and P144,000.00 for the Vice-Governor, with prohibition on other Government emoluments during tenure.
- Sections 10–12, Article VIII provide continuity and accountability rules:
- the Vice-Governor becomes Governor in case of death, permanent disability, removal, or resignation of the Governor to serve the unexpired term;
- if both Governor and Vice-Governor are removed for death/permanent disability/removal/resignation, the Speaker of the Regional Assembly acts as Governor until a special election is called and qualification occurs, with interim Speaker election and later reassumption by the original Speaker;
- no special election for vacancies occurring within one year immediately preceding the next regular election;
- temporary incapacity, leave, or travel outside territorial jurisdiction triggers the Speaker’s exercise of Governor powers and functions (or Vice-Governor where applicable);
- removal for culpable violation of the Constitution or Organic Act, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust requires a three-fourths (3/4) vote of all Members, and the Assembly may initiate removal by a majority vote, with the Assembly required to promulgate rules for implementation.
- Sections 13–16, Article VIII allow recall once during his term for loss of confidence, but prohibit recall within one year from official’s assumption or within one year immediately preceding a regional election, require the Assembly to provide procedures, and prohibit the Governor from issuing appointments or removing personnel or undertaking public works within the prohibited period before and after a regional election, unless authorized by the Commission on Elections.
- Sections 14–15, Article VIII impose disqualification/conflict rules including:
- prohibitions on holding any other office or employment, practicing other professions, participating in business, or financial interest in contracts/franchises/special privileges granted by government subdivisions/agencies/instruments (including government-owned or controlled corporations and subsidiaries);
- a family restriction for the Governor: spouse and relatives by consanguinity or affinity within the fourth civil degree cannot be appointed as Cabinet members, chairmen of regional commissions, or heads of bureaus or offices, including government-owned or controlled corporations and subsidiaries located in the Autonomous Region, during the Governor’s tenure;
- appointments extended by the Acting Governor within ninety (90) days before assumption of office by the elected Governor remain effective unless revoked by the elected Governor within ninety (90) days from assumption/reassumption.
- Sections 17–18, Article VIII provide appointment powers for deputies, commissions, bureaus and heads under Governor appointment authority, Assembly authority to vest lower-officer appointment by law in department/agency/commission/board heads, and the Governor’s control and general supervision over regional executive commissions/boards/bureaus/offices and local government units within the Region while preserving local powers.
- Sections 19–25, Article VIII require budget and fiscal accountability:
- the Governor must submit a budget of expenditures and sources of financing not later than two (2) months before the beginning of every regular session as basis for the regional appropriations bill;
- the Autonomous Region’s fiscal year covers April 1 to March 31;
- the Assembly may not increase appropriations recommended by the Governor for operation of the Autonomous Government;
- appropriation bills cannot include provisions not related to specific appropriations and any such provisions must be limited in operation to the appropriation;
- procedure for approving appropriations must follow procedures for other Regional Government departments/agencies;
- special appropriations must specify purpose and be supported by funds actually available certified by the Regional Treasurer or raised by corresponding revenue proposal;
- no regional law authorizing transfer of appropriations exists; the Governor may be authorized by regional law to augment any item for his office from savings in other items for his office;
- discretionary funds for particular officials must be disbursed only for public purposes with vouchers and subject to guidelines by regional law;
- if the Assembly fails to pass the appropriations bill, the previous year’s Regional Appropriations Act is deemed automatically reenacted and remains in force until passage of a new appropriations bill;
- the Governor can veto specific items in an appropriation or revenue bill, but veto does not affect non-objected items, and reconsideration requires a two-thirds (2/3) vote of all Members;
- money cannot be paid from the Regional Treasury except pursuant to an appropriation made by regional law;
- public money/property cannot be appropriated/applied/paid/employed for the use/benefit/support of any sect/church/sectarian institution/system of religion or religious teacher/dignitary as such, except when assigned to the regional police force or penal institution or government orphanage/leprosarium within the Region;
- regional special-purpose tax collections become special funds and must be paid out solely for the special purpose; if fulfilled/abandoned, any balance accrues to general funds;
- funds/resources cannot be disbursed unless approved by the Governor or duly authorized representative; trust funds are payable only upon fulfillment of the specific purpose;
- the Governor must inform the Assembly every quarter on the conduct of regional affairs and state of regional finances;
- Commission on Audit audits expenditures and revenues; the Regional Governor must submit financial accounts with the Commission’s statement of audit within ten (10) working days from receipt;
- the Governor must address the Assembly at the opening of regular session and may appear at other times.
Administration of justice and Shari’ah courts
- Section 1, Article IX preserves the continued exercise of judicial powers by the Supreme Court, Court of Appeals, and other courts established by law under the Constitution and national laws.
- Section 2, Article IX creates a Shari’ah Appellate Court with jurisdiction over cases involving persons, family and property relations, together with other Shari’ah and tribal courts.
- Section 2, Article IX authorizes the Regional Assembly, in consultation with the Supreme Court, to determine the number and territorial jurisdiction of these courts.
- Sections 3–5, Article IX provide that the Shari’ah Appellate Court has one (1) Presiding Justice and two (2) Associate Justices, vacancies filled within ninety (90) days, with qualifications as Court of Appeals Justices plus learning in Islamic law; justices are appointed by the President from a list of at least three (3) nominees prepared by the Judicial and Bar Council, chosen from recommendee lists submitted by the Regional Assembly, with no confirmation required; it has original jurisdiction over petitions for certiorari, prohibition, mandamus, habeas corpus, and other auxiliary writs/processes in aid of appellate jurisdiction, and exclusive appellate jurisdiction over all cases tried in the Shari’ah District Courts established by law.
- Sections 6–8, Article IX provide that Shari’ah Appellate Court decisions are final and executory without affecting Supreme Court jurisdiction, and that justices serve until age seventy (70) unless removed for cause like Court of Appeals Justices or incapacitated; compensation and privileges match those of Court of Appeals Presiding Justice/Associates.
- Sections 9–12, Article IX provide that the Supreme Court appoints the Shari’ah Appellate Court administrator and clerk upon recommendation of the Presiding Justice; other personnel are appointed by the Presiding Justice; personnel provisions for Court of Appeals apply; Shari’ah Appellate Court and other Shari’ah court members are not designated to agencies performing quasi-judicial or administrative functions; the official seat is in the Autonomous Government seat unless the Supreme Court decides otherwise; and proceedings are governed by special rules the Supreme Court promulgates.
- Sections 13–16, Article IX:
- preserve functioning Shari’ah District Courts and Shari’ah Circuit Courts under existing laws with judges qualified like Regional Trial Court/MTC/Municipal Trial Court judges as applicable plus Islamic law learning;
- create a system of tribal courts (with possible Tribal Appellate Court) to decide and enforce controversies involving personal, family and property rights in accordance with tribal codes, with composition and jurisdiction defined by the Regional Assembly;
- require priority consideration for putting into effect the Office of Jurisconsult in Islamic Laws established under existing law;
- mandate the Regional Assembly to provide for codification of indigenous laws and compilation of customary laws.
- Section 17, Article IX establishes rules on application and interpretation:
- the Muslim Code applies only to Muslims, and the Tribal Code applies only to indigenous cultural communities, without prejudice to non-Muslims and non-members;
- conflicts between Muslim Code and Tribal Code are resolved by applying national law;
- conflicts between Muslim/Tribal Codes and national law are resolved by applying national law;
- except in cases of successional rights, regular courts acquire jurisdiction over controversies involving real property located outside the area of autonomy.
- Section 18, Article IX directs Shari’ah courts to interpret Islamic law based on Al-Qur’an, Al-Sunnah, Al-Qiyas, and Al-Ijma.
- Section 17, Article IX also prescribes jurisdiction over real property outside autonomy area except successions, and the exclusive Muslim/Tribal-code application boundaries for persons and indigenous cultural community members.
Fiscal autonomy and taxation allocations
- Section 1, Article X grants the Autonomous Region power to create its own revenue sources and levy taxes, fees and charges subject to constitutional and Organic Act guidelines and consistent with local autonomy policy.
- Section 2, Article X requires regional revenue measures to observe uniformity and equity in taxation, prohibits confiscatory taxes or fees, and reserves income taxation solely to the National Government.
- Section 2, Article X prohibits the Regional Assembly from revoking/amending city or municipal ordinances imposing taxes or fees on purely local businesses.
- Section 2, Article X prohibits imposing any tax, impost, or assessment on goods or merchandise coming into, going out of, or passing through the Autonomous Region to/from other places of the Philippines, and vice versa.
- Section 3, Article X requires corporations, partnerships, and business entities directly engaged in business in the Region to pay through the Regional Government the portion of their annual income tax corresponding to net income generated from business done in the area of autonomy, and to pay corresponding taxes/fees/charges in the province/city/municipality where the establishment does business.
- Section 4, Article X lists sources of revenues including:
- taxes (except income taxes) imposed by the Regional Government;
- fees and charges imposed by the Regional Government;
- appropriations, internal revenue allotments, and other budgetary allotments from the National Government;
- shares in revenues from operations of public utilities within the Region;
- block grants from economic agreements/conventions authorized by the Autonomous Region, donations, endowments, foreign assistance, and other forms of aid, subject to the Constitution and national policies.
- Section 5, Article X mandates national internal revenue tax/fee sharing based on total collections of a province/city from national internal revenue taxes/fees/charges and taxes imposed on natural resources:
- 30% to the province/city, 30% to the Regional Government, and 40% to the National Government;
- provincial 30% share distribution: 10% to the province, 10% to the municipality, 10% to the barangay;
- city 30% share distribution: 20% to the city and 10% to the barangay;
- automatic retention by the province/city of its share and remittance of the 70% to the Regional Government, which then remits the balance to the National Government on a monthly basis;
- remittance procedures within the Region follow rules of the Regional Government, and remittances to the National Government follow rules/regulations promulgated by the Department of Finance.
- Section 6, Article X directs the Regional Government to evolve economic agreements and trade compacts to generate block grants for regional investments/improvements, authorized by regional legislation or executive agreement, and to assist local government units in counterpart funds requirements for foreign-assisted projects based on recommendations from the Regional Planning and Development Board.
- Section 7, Article X grants full deductibility for donations/grants exclusively to finance projects in education, health, youth and culture, and economic development in determining taxable income of the donor/grantor.
- Section 8, Article X authorizes the Regional Assembly to grant exemptions from regional taxes only with concurrence of a majority of all Members.
- Section 9, Article X allows foreign loans only under the Constitution and national laws, and permits the Regional Governor to contract domestic loans subject to Regional Assembly approval.
Ancestral domain and agrarian reform
- Section 1, Article XI directs the Regional Government to undertake measures to protect ancestral domain and ancestral lands of indigenous cultural communities under the Constitution and national policies.
- Section 1, Article XI defines ancestral domain as all lands and natural resources possessed or occupied by indigenous cultural communities since time immemorial, except when prevented by war, force majeure, or forcible usurpation, and includes pasture lands, worship areas, burial grounds, forests and fields, mineral resources except strategic minerals (uranium, coal, petroleum, and other fossil fuels), mineral oils, and sources of potential energy; lakes, rivers and lagoons; and national reserves and marine parks, as well as forest and watershed reservations.
- Section 1, Article XI defines ancestral lands as lands in actual, open, notorious, and uninterrupted possession and occupation by an indigenous cultural community for at least thirty (30) years.
- Section 2, Article XI allows recognition of constructive/traditional possession subject to judicial affirmation via a petition instituted within ten (10) years from the Act’s effectivity, using the procedure for judicial affirmation of imperfect titles under existing laws as far as practicable; it also respects Torrens titles and vested rights under existing laws.
- Section 3, Article XI defines “indigenous cultural community” as Filipino citizens residing in the Region who are:
- tribal peoples with distinguishing social, cultural and economic conditions and whose status is regulated wholly or partially by customs/traditions or special laws/regulations; and
- Bangsa Moro people regarded as indigenous due to descent from populations inhabiting the country or distinct geographical area at the time of conquest or colonization, who, regardless of legal status, retain some or all of their socioeconomic, cultural and political institutions.
- Sections 4–8, Article XI require enforcement among community members of customary laws/practices on land claims and disputes; require corporations/entities within ancestral domain whose operations adversely affect ecological balance to take necessary preventive measures and safeguards; prohibit disposition of ancestral domain lands to nonmembers unless authorized by the Regional Assembly; prohibit opening any portion of ancestral domain for resettlement by nonmembers; and require the Regional Assembly to enact an agrarian reform law suitable to the Region’s special circumstances.
Urban and rural planning institutions
- Section 1, Article XII requires the Regional Government to promote and formulate comprehensive and integrated regional urban and rural development policies, plans, programs, and projects responsive to people’s needs, aspirations, and values.
- Section 2, Article XII directs that immediately after organization, the Regional Government initiate, formulate, and implement special development programs/projects responsive to indigenous cultural communities’ aspirations, needs, and values.
- Section 3, Article XII mandates equitable opportunities for development across provinces, cities, municipalities, and barangays and strengthens existing planning bodies to ensure wider public participation.
- Section 4, Article XII requires adoption and implementation of a comprehensive urban land reform and land use program to ensure just utilization of lands, consistent with ecological considerations and constitutional/national policies.
- Section 5, Article XII creates the Regional Planning and Development Board composed of all provincial governors and city mayors, two (2) members of the Regional Assembly designated by the Speaker, and such other members as the Regional Assembly prescribes, with private sector representation; it serves as planning/monitoring/coordinating agency, identifies/evaluates/recommends annual work programs and comprehensive development plans to the Regional Assembly for proper implementation, and formulates a Magna Carta for the Development of the Region as the master plan.