Law Summary
Purpose
- To establish self-governance for the Bangsamoro people and other indigenous communities.
- To recognize their cultural identity and secure their political future within the Philippine Constitution.
Bangsamoro Identity
- Defines Bangsamoro people as original inhabitants of Mindanao and Sulu and their descendants.
- The regional Parliament adopts official symbols: flag, emblem, hymn.
- The Philippine flag must be displayed alongside the Bangsamoro flag.
Territorial Jurisdiction
- The Region covers areas from previous ARMM, select municipalities and barangays.
- Includes inland waters, municipal and regional waters within specified limits.
- The territorial setup is subject to ratification by plebiscite.
General Principles and Policies
- The Bangsamoro Government is integral to the Philippines and upholds national sovereignty.
- It exercises self-governance, democratic parliamentary government.
- Civilian authority prevails; promotes social justice, peace, and respects international treaties.
- Recognizes rights of indigenous peoples and non-discrimination.
Powers of Government
- National Government retains powers not expressly granted to the Bangsamoro Government.
- Bangsamoro Government exercises authority in varied sectors including justice, education, health, natural resources, culture, and economic development.
- Ensures promotion of general welfare within territorial jurisdiction.
Intergovernmental Relations
- President supervises law execution and may suspend Chief Minister for violations.
- Establishes multiple coordination bodies for legislative, fiscal, infrastructure, energy, development, and advisory functions.
- Local government structure and autonomy are protected; Parliament can create, merge or divide municipalities and barangays.
Bangsamoro Government Structure
- Seat of Government determined by Parliament.
- Parliamentary system with 80 members from party representation, districts, and sectoral reserved seats.
- Members' qualifications, terms, salaries, privileges, and conflict of interest rules are specified.
- Chief Minister is head of government, elected by Parliament; assisted by two Deputy Chief Ministers.
- Parliament enacts regional laws, oversees appropriations, and conducts inquiries.
Executive Officers and Administration
- Chief Minister appoints Cabinet members.
- Wali serves as ceremonial head, appointed from eminent residents.
- Civil Service Commission establishes Bangsamoro regional field offices; Bangsamoro Government creates ministries and agencies.
- Electoral functions managed by Bangsamoro Electoral Office under COE supervision.
Basic Rights
- Mechanisms for transitional justice and reparation for historical grievances are mandated.
- Indigenous peoples’ rights including customary laws, political participation, and free, prior, informed consent are recognized and protected.
- Guarantees religious freedom, human rights, and non-discrimination.
- Establishes Bangsamoro Human Rights Commission.
Social Justice, Education, Health, and Culture
- Provides access to basic services, housing, labor rights, women and youth participation.
- Education system integrated with national system; includes madaris and indigenous education.
- Promotes science, technology, health services, protection of disadvantaged groups.
- Preserves cultural heritage and establishes a Commission for cultural heritage.
Justice System
- Administers justice consistent with Islamic Shari’ah, tribal laws, and national laws.
- Shari’ah courts with specified jurisdiction exist under Supreme Court supervision.
- Creates Shari’ah High Court and outlines qualifications for judges.
- Supports traditional justice systems for indigenous peoples.
National Defense, Public Order, and Safety
- Defense responsibility lies with the National Government.
- Bangsamoro Police Regional Office created under PNP supervision.
- Establishes regional offices for police commission, fire protection, jail management, and coast guard services.
Fiscal Autonomy
- Bangsamoro Government enjoys fiscal autonomy, with auditing by Commission on Audit.
- Can levy taxes, fees, create revenue sources.
- Receives block grant and share of national taxes collected within the region.
- Has competence to contract loans, accept grants, and create government corporations.
- Detailed provisions on revenue sharing, tax exemptions, and limits on taxing powers included.
Regional Economy and Patrimony
- Economic system based on constitutional principles.
- Mandates sustainable development plans balancing environment and economic growth.
- Establishes economic and development council.
- Recognizes gender equality in development.
- Rights over natural resources, including fossil fuels and minerals, given to Bangsamoro Government with sharing provisions.
- Provisions on management of protected areas, mining, agriculture, fisheries, trade, and industry.
- Islamic banking and finance system development promoted.
Rehabilitation and Development
- Bangsamoro Government responsible for post-conflict rehabilitation and development, funded partly by the National Government.
- Establishes special development fund for rebuilding conflict-affected areas.
Plebiscite
- Establishes procedures and areas for ratification of the Organic Law via plebiscite.
- Defines voters, plebiscite questions, and monitoring methods.
- Results determine territorial composition of the region.
Bangsamoro Transition Authority
- Serves as interim government during transition period after ratification.
- Composed of appointed members including elected ARMM officials.
- Executes legislative and executive functions.
- Sets priorities like passage of administrative, electoral, and revenue codes.
- Manages transition plan, bureaucracy organization, property and personnel disposition.
- Ensures continuity of government before transition authority formation.
Amendments, Revisions, and Repeal
- Amendments or repeal require action by Congress.
- Supersedes ARMM Organic Acts and other inconsistent laws.
- Provisions on effectivity and separability clause included.
This summary encapsulates the law's essential provisions on scope, governance, rights, justice, fiscal autonomy, regional development, and transition for the Bangsamoro Autonomous Region in Muslim Mindanao.