Policy, purpose, and guiding intent
- Section 3, Article I establishes the purpose of the Organic Law to establish a political entity and provide its basic structure of government.
- The law frames its purpose around recognizing the Bangsamoro people’s legitimacy and aspirations and enabling meaningful self-governance within the framework of the Constitution and the national sovereignty and territorial integrity of the Republic of the Philippines (Section 3, Article I).
- The preamble affirms commitments to enduring peace based on justice, a balanced society, and the right to conserve and develop patrimony, consistent with customary laws, cultures, and traditions within constitutional and international law norms.
Bangsamoro identity and official symbols
- Section 1, Article II defines the Bangsamoro people as 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, who have the right to identify themselves, their spouses, and descendants as Bangsamoro.
- Section 2, Article II directs the Bangsamoro Parliament to adopt the official flag, emblem, and hymn of the Bangsamoro Autonomous Region.
- Section 2, Article II requires that the flag of the Republic of the Philippines shall always be displayed alongside the Bangsamoro flag.
- Section 2, Article II requires that whenever the Bangsamoro hymn is sung, it must always be preceded by the singing of the Philippines National Anthem.
Territorial jurisdiction and constituent areas
- Section 1, Article III provides that territorial jurisdiction consists of the land mass and waters over which the Bangsamoro Autonomous Region has jurisdiction and it remains an integral, indivisible, and inseparable part of national territory.
- Section 2, Article III enumerates the territorial composition, including:
- The present geographical area known as the Autonomous Region in Muslim Mindanao created under Republic Act No. 6734, as amended by Republic Act No. 9054, which subsists until ratification through plebiscite.
- Specific municipalities in Lanao del Norte that voted for inclusion during the 2001 plebiscite: Baloi, Mtinai, Nummgan, Pantar, Tagoloan, and Tangkal.
- Specified thirty-nine (39) barangays in municipalities of North Cotabato that voted for inclusion during the 2001 plebiscite, listed by barangay and municipality.
- The City of Cotabato.
- The City of Isabela in the Province of Basilan.
- All other contiguous areas where a resolution of the local government unit or a petition of at least ten percent (10%) of registered voters seeks inclusion at least two (2) months prior to ratification of this Organic Law.
- Section 2, Article III provides that establishment of territorial jurisdiction takes effect upon ratification by a majority of votes cast in a plebiscite conducted for the purpose.
- Section 2, Article III requires that, in all cases, the political units directly affected shall vote favorably in the plebiscite, as provided in Section 3, Article XV of the Organic Law.
- Section 3, Article III provides that all inland waters (lakes, rivers, river systems, and streams) within territorial jurisdiction form part of Bangsamoro Autonomous Region inland waters, with preservation and management under Section 22, Article XIII.
- Section 4, Article III sets rules for municipal and regional waters:
- Municipal waters extend up to fifteen (15) kilometers from the low-water mark of Bangsamoro coasts.
- Regional waters extend up to nineteen (19) kilometers from the low-water mark.
- If constituent units are on opposite shores with thirty (30) kilometers of waters or less between them, a line equally distant from the opposite shores demarcates Bangsamoro waters and adjoining LGU municipal waters.
- If opposite shores have more than thirty (30) kilometers but less than thirty-four (34) kilometers, a line is drawn at the edge of the adjoining LGU’s fifteen-kilometer municipal waters to demarcate it from Bangsamoro waters.
- Section 5, Article III defines constituent units as provinces, cities, municipalities, barangays, and geographical areas within territorial jurisdiction.
General principles and rights-based governance
- Section 1, Article IV affirms the Bangsamoro Autonomous Region as integral, indivisible, and inseparable within the Republic of the Philippines, and requires Bangsamoro people to uphold the Constitution and owe allegiance to the Republic.
- Section 2, Article IV provides that in exercising self-governance, the Bangsamoro Autonomous Region may pursue political, economic, social, and cultural development as provided in the Organic Law.
- Section 3, Article IV mandates a democratic political system with a parliamentary form of government, enabling free participation in political processes within territorial jurisdiction.
- Section 4, Article IV requires an electoral system consistent with national election laws and designed to encourage principled political parties and ensure accountability.
- Section 5, Article IV establishes that governance is the responsibility of a duly elected civilian government, with civilian authority supreme over the military.
- Sections 6–10, Article IV require promotion of unity, peace, justice, goodwill, social justice and equal opportunities for all Filipino citizens in the region, adherence to international treaties binding on the National Government, recognition of rights of non-Moro indigenous peoples, respect for freedom of choice, and prohibition of discrimination on the basis of identity, religion, and ethnicity.
Powers, governance structure, and institutions
- Section 1, Article V provides that powers not granted to the Bangsamoro Government by the Constitution or national law remain with the National Government.
- Section 2, Article V grants the Bangsamoro Government authority over enumerated matters, subject to the Constitution and general presidential supervision, including: administration of justice; agriculture, livestock, and food security; ancestral domain and natural resources; barter trade and countertrade; budgeting; business name registration; cadastral land survey; civil service; classification of public lands; cooperatives and social entrepreneurship; municipal and barangay boundary changes; creation/alteration of local government boundaries; creation of government-owned or controlled corporations and pioneer firms; creation of sources of revenues; cultural exchange; culture and language; customary laws; development programs for women, labor, youth, elderly, differently-abled, and indigenous peoples; disaster risk reduction and management; ecological solid waste management and pollution control; economic zones, industrial centers, and free ports; education and skills training; eminent domain; environment, parks, forest management, wildlife, and nature reserves; fishery, marine, and aquatic resources; grants and donations; Hajj and Umrah; health; housing and human settlements; humanitarian services; human rights; indigenous peoples’ rights; inland waters; inland waterways for navigation; Islamic banking and finance; labor and employment; libraries and museums and historical/cultural/archaeological sites; loans and credits; consultation mechanisms for women and marginalized sectors; people’s organizations; power sector investments; public-utilities operations; public works and infrastructure; quarantine regulations; registration of births, marriages, and deaths with copies to be furnished the Philippine Statistics Authority; regulation of manufacture and distribution of food, drinks, drugs, and tobacco; science and technology; scholarships; social services, social welfare, and charities; sports and recreation; technical cooperation for human resource development; tourism development; trade and industry; urban and rural planning development; urban land reform and use; water supply, services, flood control, and irrigation systems.
- Section 3, Article V empowers the Bangsamoro Government to exercise not only express powers but also those necessarily implied and those appropriate or incidental for efficient governance and general welfare, including preservation and enrichment of culture, health and safety, balanced ecology, development of scientific/technological capabilities, public morals, economic prosperity and social justice, full employment, peace and order, and comfort and convenience.
- Article VI creates multiple intergovernmental mechanisms:
- The President exercises general supervision and may suspend the Chief Minister for up to six (6) months for willful violation of the Constitution, national laws, or the Organic Law (Section 1, Article VI).
- A National Government–Bangsamoro Government Intergovernmental Relations Body coordinates and resolves intergovernmental issues through non-adversarial consultation and negotiation; it must exhaust means to resolve issues, and unresolved issues are elevated to the President through the Chief Minister (Section 2, Article VI).
- A Philippine Congress–Bangsamoro Parliament Forum exists for cooperation and coordination of legislative initiatives (Section 3, Article VI).
- An Intergovernmental Fiscal Policy Board addresses revenue imbalances and fluctuations, with functions and composition under Sections 37 to 38, Article XII (Section 4, Article VI).
- A Joint Body for the Zones of Joint Cooperation formulates policies for zones in the Sulu Sea and Moro Gulf under Section 19, Article XIII (Section 5, Article VI).
- An Intergovernmental Infrastructure Development Board coordinates and synchronizes national and Bangsamoro infrastructure plans, composed of Bangsamoro ministry/office heads or representatives, with National Government representation by the Secretary of Public Works and Highways and other officials designated by that Secretary (Section 6, Article VI).
- An Intergovernmental Energy Board resolves matters under Section 36, Article XIII and other energy issues referred by the Intergovernmental Relations Body, composed of representatives from National and Bangsamoro energy regulatory commissions and electrification administrations (Section 7, Article VI).
- The Bangsamoro Sustainable Development Board must be created by the Parliament with representatives from National and Bangsamoro Government; funding is included in the annual budget, and when revenues arise from exploration/development/utilization of natural resources within the region, a percentage of such revenues is allocated to the Board as provided by a law to be passed by the Parliament (Section 8, Article VI).
- A Council of Leaders advises the Chief Minister, chaired by the Chief Minister and including specified Congress members, provincial governors and mayors of chartered cities in the Bangsamoro Autonomous Region, representatives from traditional leaders, non-Moro indigenous communities, women, settler communities, the Ulama, youth, Bangsamoro communities outside the region, and representatives of other sectors, with representation mechanism determined by the Parliament (Section 9, Article VI).
- Section 10, Article VI guarantees Bangsamoro Government authority to regulate constituent local government units under the Organic Law and a Bangsamoro local government code to be enacted by the Parliament, and provides that privileges enjoyed by LGUs under Republic Act No. 7160 are not diminished.
- Section 10, Article VI permits the Parliament to create, divide, merge, abolish, or substantially alter municipal or barangay boundaries by law, with entitlement to appropriate shares in national taxes/IRA for affected municipalities or barangays, provided RA 7160 criteria are satisfied and approval comes from a plebiscite with majority votes cast in directly affected political units.
- Section 10, Article VI states that the Bangsamoro Government must cooperate and coordinate with the National Government through the Philippine Congress–Bangsamoro Parliament Forum to prioritize creation of a legislative district; it also states that the Bangsamoro Government cannot create legislative districts.
- Section 11, Article VI requires Bangsamoro representation, as far as practicable, in National Government departments, offices, commissions, agencies, and bureaus that implement and enforce policies and projects in the region.
- Sections 12–13, Article VI require National Government protection and programs for Bangsamoro communities outside the region, and mandate that national programs/projects such as Pantawid Pamilyang Pilipino Program, Health Facility Enhancement Program, School Building Program, retained hospitals of the Department of Health, PhilHealth, social pension for senior citizens, and the Task Force Bangon Marawi continue to be funded by the National Government, while preserving Bangsamoro’s power to provide supplemental funding.
- Article VII organizes the Bangsamoro Government:
- The Parliament fixes the permanent seat of government by law anywhere within territorial jurisdiction, considering accessibility and efficiency (Section 1, Article VII).
- Powers are vested in the Parliament, which sets policies, legislates within authority, and elects a Chief Minister who exercises executive authority (Section 2, Article VII).
- The Parliament has legislative authority to enact laws on matters within Bangsamoro powers and competencies (Section 3, Article VII).
- Executive authority is exercised by a Cabinet headed by a Chief Minister elected by a majority vote of all Parliament members (Section 4, Article VII).
- The Chief Minister nominates two (2) Deputy Chief Ministers elected by the Parliament and appoints Cabinet members, with a majority coming from Parliament (Section 4, Article VII).
- Section 5, Article VII enumerates Parliament powers, including calling a referendum, enacting initiatives, conducting inquiries in aid of legislation, allowing certain augmentation of general appropriations by specified officials from savings, regulating regional franchises and concessions, disciplining its members, enacting Bangsamoro holidays, and consultation on environmental matters.
- Section 6, Article VII provides Parliament composition of eighty (80) members, unless increased by Congress.
- Sections 7–10, Article VII set seat allocation and elections:
- Half the members are party representatives elected through proportional representation; each registered political party must register with the Bangsamoro Electoral Office, submit a manifestation of intent with ranked nominee lists from one (1) to forty (40) before the election, and no person may be nominated on more than one list; changing party affiliation forfeits the seat, except that if changed within six (6) months before an election, the person is ineligible for nomination under the new party or organization.
- Not more than forty percent (40%) are elected from single-member parliamentary districts; first district seat allocation is determined by the Bangsamoro Transition Authority under Section 4, Article XVI; redistricting and equitable representation standards must align with Section 10, Article VII standards.
- Reserved seats and sectoral representatives constitute at least ten percent (10%) of Parliament membership, including two (2) reserved seats each for non-Moro indigenous peoples and settler communities; women, youth, traditional leaders, and the Utama have one sectoral seat each; reserved/sectoral seats must never be less than eight (8); Parliament determines election manner; first allocation is determined by the Bangsamoro Transition Authority under Section 4, Article XVI.
- Reserved seats for non-Moro indigenous peoples follow customary laws and indigenous processes and must reflect primacy of customary laws, consensus building, acceptability to community, inclusive and full participation, representation of collective interests, sustainability and strengthening of indigenous political structures, track record and capability, and gender equality.
- Only regional political parties duly accredited by the Bangsamoro Electoral Office, as approved by the Commission on Elections, participate in parliamentary elections; women’s agenda and youth involvement in party electoral nominating processes must be ensured.
- Redistricting must be done by Parliament by law based on population and geographical area, with contiguity/compactness/adjacency, and each district having at least one hundred thousand (100,000) population.
- Sections 11–13, Article VII set term and eligibility:
- Members serve three (3) years and cannot serve more than three (3) consecutive terms; voluntary renunciation or dissolution is not treated as interruption for the full term.
- Qualifications: Philippine citizen, at least twenty-five (25) years old on election day, able to read and write, and a registered voter in the Bangsamoro Autonomous Region; youth representative candidates must be between eighteen (18) and thirty (30) years; district representative candidates must be registered voters of the district and have resided there at least one (1) year immediately preceding election.
- Compensation caps and grading: Parliament sets salaries/emoluments not higher than those of a Provincial Governor; Deputy Chief Ministers and Speaker get one salary grade higher than members; Chief Minister’s compensation not higher than Members of Congress; the Parliament uses the Revised Compensation and Position Classification System under Republic Act No. 6758 and relevant executive issuances; no increase takes effect until after expiration of the full term of Parliament members approving it; first Parliament salaries are set by a law passed by the Bangsamoro Transition Authority; members cannot receive other salary/emoluments from Bangsamoro or National Government during tenure.
- Sections 14–18, Article VII impose accountability and restrictions:
- Members must make full disclosure of financial and business interests (including spouses and children) upon assumption and must notify Parliament of potential conflict of interest from bills/resolutions they file.
- Prohibits conflict of interest: Chief Minister, Deputy Chief Ministers, Cabinet members, and Parliament members must not engage directly or indirectly in business or commercial enterprises in the Bangsamoro Autonomous Region where conflicts exist.
- Prohibits specific conduct, including illegal business transactions with the Bangsamoro Government where value is transferred out of government resources; holding interests in cockpit or other games licensed by the Bangsamoro Government; purchasing certain forfeited real property; acting as surety for persons contracting with the Bangsamoro Government when surety is required; and possessing/using public property for private purposes.
- Applies other prohibitions under Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) and other national laws to specified Bangsamoro officials and members.
- Prohibits practicing profession or engaging in other occupation except exercise of functions: Chief Minister, Deputy Chief Ministers, Cabinet members; Parliament members not in Cabinet may practice/provide teaching except during session hours subject to bar-related restrictions on appearances as counsel and administrative fee collection, and restrictions on use of government property and personnel unless defending government interests; doctors may practice during official hours only during emergencies and may not derive monetary compensation.
- Requires sworn statements of assets, liabilities, and net worth, lists of relatives within the fourth civil degree of consanguinity or affinity in government service, financial/business interests, and personal data sheets, as required by national law.
- Sections 19–29, Article VII set seat security, vacancies, immunities, sessions, lawmaking mechanics, appropriations, and budget rules:
- Forfeiture triggers include voluntary resignation; conviction of a grave offense or finding of guilt for specified grave offenses such as treason, high crimes, heinous crimes, crimes against morality, or crimes punishable by more than six (6) years; permanent physical/mental incapacity; death; substitution by the party in proportional representation; expulsion with concurrence of two-thirds of all members; and other grounds under the Bangsamoro Electoral Code.
- Vacancy filling: party fills proportional representation seat; party must nominate within thirty (30) days for district seat vacancy by affiliated member, and the Chief Minister appoints subject to Electoral Code; an unaffiliated member vacancy occurring at least one (1) year before term expiration may be filled by a special election called under Parliament legislation; replacements serve unexpired term.
- Privileges/immunities: members committing offenses within Bangsamoro territorial jurisdiction punishable by not more than six (6) years are privileged from arrest while Parliament is in session; speech/debate in Parliament or committees cannot be questioned or held liable elsewhere.
- Sessions: regular session starts forty-five (45) days after election and runs until thirty (30) days before opening of next regular session unless dissolved by a vote of no confidence; special/emergency sessions may be called by the Speaker upon request of the Chief Minister or by majority of Parliament members.
- Officers: on first day after election, Parliament elects Speaker, Deputy Speaker, and other officers by majority vote; Deputy Speaker acts as Speaker upon death/removal/resignation/permanent disability/legal incapacity of Speaker until new election.
- Speaker duties: secure honor/dignity of Parliament, ensure member rights/privileges, assure public access to proceedings and committees.
- Rules/lawmaking requirements:
- Bills must embrace only one subject expressed in title.
- No bill becomes 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 Chief Minister certifies immediate enactment necessity due to public calamity or emergency.
- After passage, Parliament must present bills to the Chief Minister; Chief Minister must sign within thirty (30) days or it becomes law as if signed.
- Speaker must submit certified true copies of laws/resolutions to the President and to Congress within ten (10) working days from approval.
- Parliament rules/amendments take effect fifteen (15) days after complete publication in a regional newspaper of general circulation.
- Proceedings: a majority of all members constitutes quorum; smaller number may adjourn and compel attendance under penalties set by Parliament.
- Discipline: Parliament may punish disorderly behavior; with two-thirds concurrence it may suspend or expel a member; suspension penalty cannot exceed sixty (60) days.
- Journal: Parliament must keep and publish a journal of proceedings, except parts that in Parliament judgment affect national/regional security; yeas and nays must be entered at request of one-fifth of members present.
- Appropriations: no public money (including block grant and other national lump-sum subsidies/support funds) is spent without an appropriations law clearly defining the intended purpose; Parliament must pass an annual appropriations law.
- Budget: form/content/manner prescribed by Parliament law consistent with national government laws/rules; Parliament creates a Bangsamoro Budget Office.
- Reenacted budget: if Parliament fails to pass the ensuing fiscal year appropriation bill by end of fiscal year, preceding year Bangsamoro appropriation law is deemed reenacted and remains in force until a new bill is passed; only appropriations for salaries and wages of existing positions, statutory and contractual obligations, and authorized operating expenses are reenacted, and fund disbursement follows those.
Chief Minister, Cabinet, and parliamentary dissolution
- Section 30, Article VII requires that the Chief Minister must be a member of Parliament, a natural-born citizen, and at least twenty-five (25) years old on election day.
- Section 31, Article VII provides the Parliament elects the Chief Minister by majority vote; if no majority in the first round, a runoff is held between the top two (2) candidates.
- Section 32, Article VII vests Chief Minister powers and duties including heading the Bangsamoro Government; appointing heads of ministries/agencies/bureaus/offices and officers of Bangsamoro-owned or controlled corporations with original charters; appointing other officers as provided by Parliament; formulating a platform subject to Parliament approval; issuing executive orders and policies; representing the Bangsamoro Government; proclaiming a state of calamity for typhoons, flash floods, earthquakes, tsunamis, or other natural or man-made calamities causing widespread damage or destruction in the region; and exercising inherent powers.
- Section 33, Article VII requires the Wali to administer the oath of office of the Chief Minister and Parliament members.
- Section 34, Article VII makes the Chief Minister a member of the Mindanao Development Authority and an ex officio member of the National Security Council and the National Economic and Development Authority Board on matters concerning the Bangsamoro Autonomous Region.
- Section 35, Article VII provides for two (2) Deputy Chief Ministers, nominated by the Chief Minister and elected by Parliament, to ensure subregional representation across the three subregions: south western Mindanao, north central Mindanao, and south central Mindanao; Deputy Chief Ministers must come from the other two subregions different from that of the Chief Minister; coverage of each subregion is determined by Parliament.
- Section 35, Article VII allows each Deputy Chief Minister to hold a Cabinet position.
- Section 35, Article VII provides that if the Chief Minister dies, suffers permanent physical or mental incapacity, is removed, or resigns, the Deputy Chief Minister more senior in age acts until Parliament elects a new Chief Minister, within thirty (30) days from the vacancy.
- Section 36, Article VII provides dissolution upon a no-confidence vote: within seventy-two (72) hours of a vote of no confidence by at least two-thirds (2/3) of all members against the government of the day, the Chief Minister advises the Wali to dissolve Parliament and call a new election, held not later than one hundred twenty (120) days from dissolution.
- Section 36, Article VII requires the incumbent Chief Minister and Cabinet to continue governing until a new Parliament is convened and a new Chief Minister elected and qualified.
- Section 36, Article VII forbids the Wali from countermanding the Chief Minister’s advice.
- Section 37, Article VII governs holdover after a no-confidence vote until a new government is formed:
- The Chief Minister and Cabinet continue duties and functions.
- They must not enter into base contracts or approve new contracts or disburse public funds except for payment of salaries and wages and expenses for regular operations.
- They must not make appointments except temporary appointments to positions where continued vacancies prejudice public service or endanger public safety.
Wali: role, term, removal
- Section 1, Article VIII creates a Wali as the ceremonial head, consistent with a parliamentary form of government.
- Section 1, Article VIII directs that Parliament issues a resolution reflecting consensus on selection of the Wali from a list of names submitted by the Council of Leaders.
- Section 2, Article VIII sets Wali qualifications: natural-born citizen; able to read and write in Filipino, English, or Arabic; at least forty (40) years old; resident of the Bangsamoro Autonomous Region for at least fifteen (15) years; and no prior conviction for any criminal or administrative offense by any court or quasi-judicial body.
- Section 3, Article VIII limits the Wali’s functions to ceremonial duties, including opening Parliament session, administering oath, dissolving Parliament upon advice of the Chief Minister after a no-confidence vote, calling for