Creation of National Commission on Muslim Filipinos

Policy, mandate, and main objectives

Republic Act No. 9997 establishes as State policy ensuring the rights and well-being of Muslim Filipinos, with due regard to their beliefs, customs, traditions, and institutions.
The State policy includes ensuring Muslim Filipinos’ contribution to national goals and aspirations and making them active participants in nation-building.
The Commission must preserve and develop the culture, tradition, institutions, and well-being of Muslim Filipinos.
The Commission’s mandate must be carried out in conformity with the country’s laws and in consonance with national unity and development.

Commission composition and appointments

The Commission is composed of nine (9) full-time members who are Muslim Filipinos.
The Commission is headed by a Secretary.
One (1) Commissioner must come from the women sector.
One (1) Commissioner must come from the youth sector.
One (1) Commissioner must come from the Ulama sector.
Not more than two (2) Commissioners may come from the same Muslim Filipino tribe at any given time.
The President appoints the regular members of the Commission.
Commissioners must be academic degree holders and must speak and write fluently in English and/or Arabic.
Commissioners must be individuals with the highest degree of integrity and must have the endorsement of their respective tribes or sectors.
Commissioners may not appoint representatives to act on their behalf.
The Commission may create a Council of Advisers composed of cultural, religious, traditional, and tribal leaders to advise the Commission on matters pursuant to its mandate.

Term, ranks, and removal

The Secretary serves as Chief Executive Officer of the Commission and has Cabinet-rank.
The Secretary attends Cabinet-level meetings, appointed by the President from among the nine (9) Commissioners.
The Secretary serves a term of two (2) years and may be reappointed.
For the initial set of Commissioners, the first five (5) Commissioners serve four (4) years, and the remaining four (4) serve two (2) years.
After the initial set, succeeding Commissioners serve a full term of four (4) years.
If a Commissioner fails to complete the term, the President appoints a successor from the tribe the Commissioner represents, who serves only the unexpired portion.
The Secretary and Commissioners have the same rank, salary, and privileges as those of a Cabinet Secretary and Assistant Secretaries, respectively.
The President may remove any Commission member before the expiration of the term for cause and after observance of due process required by pertinent laws.

Powers and functions of the Commission

The Commission must provide advice and assistance to the President on the formulation, coordination, implementation, and monitoring of policies, plans, programs, and projects affecting Muslim Filipino communities.
When so authorized, the Commission must represent the President on matters concerning Muslim Filipino communities.
The Commission must serve as a link between the President and relevant public or private agencies involved in programs and projects affecting Muslim Filipino communities.
The Commission must recommend affirmative actions necessary for efficient and effective implementation.
The Commission must undertake and coordinate development programs and projects for the advancement of Muslim Filipino communities, including designing, implementing, and maintaining settlements.
The Commission must not take jurisdiction or ownership over lands and bodies of water traditionally and actually occupied by indigenous peoples within the identified ancestral domains of the National Commission on Indigenous Peoples.
The Commission may identify lands for settling homeless and displaced Muslim families to improve conditions in Muslim communities.
The Commission serves as the primary government agency through which Muslim Filipinos may seek government assistance and redress and serves as a medium for extending such assistance.
The Commission may give grants-in-aid out of its appropriations or other appropriate funds to cooperating government agencies for development programs and projects, subject to existing auditing rules and regulations.
The Commission must provide services including legal assistance, medical aid, relief, rehabilitation, and other forms of assistance for socioeconomic upliftment.
The Commission must participate in the peace process involving conflicts between Filipino Muslim groups and/or individuals and the government, cooperating with appropriate agencies, individuals, and institutions.
The Secretary (or duly designated representative) must sit as a regular member of the government’s peace panel negotiating peace with Muslim Filipino groups or individuals.
The Commission may enter into contracts, agreements, or arrangements with government or private agencies/entities necessary to attain its objectives, subject to existing laws, policies, and guidelines.
Subject to guidelines provided by the Office of the President and in accordance with existing laws, rules and regulations, the Commission must promote and enhance:
- domestic trade and commerce among Muslim Filipino communities;
- joint venture and investments by members of Muslim Filipino communities with public enterprises, corporations, or private entities; and
- enterprises based on principles of Islamic business and finance for Muslim Filipino communities.
The Commission must recommend proposed expenditures for development of all Muslim Filipino communities to the Department of Budget and Management (DBM).
The Commission must promote and develop the Philippine Halal Industry and accredit halal-certifying entities/bodies for the utmost benefit of Muslim Filipinos in partnership or cooperation with appropriate agencies, individuals, and institutions.
The Commission must develop criteria for allocating additional resources for education, economic, and cultural development programs.
The Commission must monitor and evaluate the performance of existing government policies and development programs that strengthen and uplift the socioeconomic conditions of Muslim Filipinos and identify areas needing government intervention and support.
The Commission may acquire, lease, or own property or assets as necessary, and may sell or dispose of them, and must serve as custodian or administrator of lands or areas and other properties or assets the President reserves for Muslim Filipino communities.
The Commission may solicit and accept grants, donations, and gifts in cash or in kind from any source, in coordination with the appropriate agency, and must administer them per their terms or, if no condition exists, consistent with the interest of Muslim Filipinos and existing laws.
The Commission must undertake studies and establish and maintain ethnographic research centers and museums on Muslim Filipinos’ cultures and institutions for policy formulation, program implementation, and preservation of historical heritage.
The Commission must certify membership in Muslim Filipino communities when appropriate to establish qualifications for requirements of government and private agencies or benefits provided by law.
The Commission must provide legal and technical services for survey, adjudication, titling, and development of Muslim Filipino ancestral lands and settlements proclaimed by the government.
The Commission must assist the National Statistics Office (NSO) in conducting a census on the actual population of Muslim Filipinos in the country.
The Commission must administer programs, projects, and activities and coordinate with pertinent offices to ensure the success of the annual Hajj pilgrimage to Mecca, Kingdom of Saudi Arabia.
The Commission must promote development of a Hajj Assistance Fund created from contributions of Muslim Filipinos and other donors to support deserving Muslim Filipinos intending to participate in the annual Hajj.
The Commission must administer and hold in trust awqaf properties and/or awqaf institutions and receive awqaf investments by way of grant, donations, or gifts, in accordance with principles of Islamic investments and finance.
The Commission must prescribe rules and regulations for establishing awqaf institutions, administration of awqaf assets, and settlement of disputes among awqaf beneficiaries pursuant to general principles of Shari’ah (Islamic Law).
The Commission must formulate and adopt continuing programs and activities to strengthen Madaris schools, Islamic Studies, and Shari’ah and Islamic jurisprudence, in coordination with appropriate government agencies.
The Commission must promote and supervise the implementation of the Madrasah education system nationwide in coordination with appropriate agencies of government, except that in the Autonomous Region in Muslim Mindanao (ARMM) the system is implemented and supervised by the Department of Education-ARMM.
The Commission must provide assistance in the expeditious accreditation of Madrasah educational institutions with the appropriate agencies of government.
The Commission must ensure the Madrasah education system curriculum conforms with the basic curriculum of the national formal education system, including Arabic Language, Islamic Studies, and Filipino and Islamic Values, and must include subjects on:
- Filipino and English Grammar and Usage,
- Philippine History and Geography,
- Science and Technology,
- Mathematics,
- Physical Education and Sports Development, and
- Vocational Education to secure local and international competitiveness of Muslim Filipino graduates.
The Commission must develop criteria for the grant of local and foreign scholarships and for selecting deserving students and teachers of Madrasah and other educational institutions.
The Commission must provide and/or facilitate access to local and foreign scholarships for deserving Muslim Filipinos in coordination with formal educational institutions in the Philippines and abroad.
The Commission must ensure continuous transfer of technology to Muslim Filipino communities to uplift the quality of life of Muslim Filipinos.
The Commission must promulgate rules and regulations and exercise powers and functions necessary to carry out the Act’s purposes and objectives.
The Commission must perform other functions necessary for its effective operations and continued enhancement as a government entity.

Internal organization and administrative control

Administrative supervision and control over Commission personnel except the Commissioners and over Commission properties are vested in the Secretary.
The appointment of personnel and imposition of disciplinary measures over them are vested in the Secretary, in consultation with the Commissioners, except that if disciplinary action entails dismissal from the service, the decision is by the majority of all the members of the Commission.
The Secretary exercises administrative supervision over the Commissioners.
The Commissioners assist the Secretary and may have specific substantive or administrative responsibilities assigned or delegated by the Secretary.
The Commission structure includes the offices of the Secretary, Commissioners, Executive Director, Deputy Executive Director, their immediate staff, Bureaus, Services, Regional Offices, Field Offices, and Sub-offices.
The Commission has Bureaus: Bureau of Muslim Economic Affairs, Bureau of Muslim Cultural Affairs, Bureau of Muslim Settlement, Bureau of External Relations, Bureau of Pilgrimage and Endowment, Bureau of Peace and Conflict Resolution, and Bureau of Legal Affairs.
Each Bureau is headed by a Director with the same rank, salary, and privileges as a Staff Bureau Director; the Director is appointed by the President from names or nominees submitted by the Commission.

Bureau duties and services; regional offices

The Bureau of Muslim Economic Affairs promotes economic livelihood programs and projects through extension of loans, entrepreneurship, trade and marketing assistance and promotes cooperative endeavors in coordination with the Cooperative Development Authority (CDA).
The Bureau of Muslim Economic Affairs also implements manpower training and community self-help projects for economic development.
The Bureau of Muslim Cultural Affairs conducts research and studies on cultural development to serve as basis for policy and for programs and projects.
The Bureau of Muslim Cultural Affairs formulates and implements an education program to improve literacy, including study of Arabic language and Islamic heritage, and maintains a central library, museum, and audio-visual center.
The Bureau of Muslim Cultural Affairs assists and facilitates applications for registration and accreditation of Madrasah institutions with the Department of Education (DepED) and oversees the Annual Quor’an Reading Competition.
The Bureau of Muslim Settlement promotes and develops Muslim Filipino settlements in coordination with concerned government agencies.
The Bureau of External Relations forges linkages among Muslim Filipino communities and organizations within and outside the country, and serves as the Commission’s public information arm for dissemination of issues affecting Muslim Filipinos.
The Bureau of External Relations carries out dissemination practices and may use the services of other agencies to help achieve informed judgment on issues.
The Bureau of Pilgrimage and Endowment administers the annual Muslim pilgrimage to Mecca, Kingdom of Saudi Arabia and formulates and implements programs for the efficient and effective administration and supervision of pilgrimage activities, with supervision not including control.
The Bureau of Pilgrimage and Endowment formulates guidelines for timely processing of pilgrims’ travel documents and equitable and reasonable collection of fees limited to mutawiff and passporting and/or processing fees only.
Collected pilgrimage fees are deposited in a special trust fund established by the Commission, and expenses are subject to existing auditing laws, rules, and regulations.
Pilgrims must have free choice of travel agencies and airlines or other means of transportation to and from the pilgrimage site.
Pilgrims must comply with arrival and departure schedules fixed by the Ministry of Hajj of the Kingdom of Saudi Arabia.
Pilgrims must be legitimate holders of round-trip tickets to and from the Kingdom of Saudi Arabia.
Pilgrims must have free choice of where to purchase or acquire other logistics, materials and supplies for the pilgrimage.
Pilgrims must not be forced to purchase logistics, materials, and supplies from the Commission or its authorized agents or representatives.
The Bureau of Pilgrimage and Endowment accredits qualified and deserving sheikhs and formulates, subject to the Commission’s approval, the timetable of annual Hajj activities to be posted in areas accessible to Muslim Filipinos.
The Bureau of Pilgrimage and Endowment administers awqaf properties and institutions and conducts research and studies for establishing and maintaining Hajj towns, Islamic centers, and awqaf projects.
The Bureau of Peace and Conflict Resolution conducts peace and settlement of conflict among Muslim Filipinos and participates in national peace process efforts, particularly for Muslim Mindanao, aiming to prevent, de-escalate, and solve conflicts peacefully.
The Bureau of Legal Affairs provides Muslim Filipinos with legal education and assistance in litigation involving their persons or interests; acts as legal counsel of the Commission; investigates cases involving Commission personnel and submits recommendations; and investigates valid complaints brought before the Commission.
The Commission’s Services consist of:
- Administrative Service (personnel, information, records, supplies, equipment, collection, disbursement, security, custodial work);
- Finance and Management Service (budgetary, financial, and management advice and assistance); and
- Planning Service (planning, monitoring, and evaluation of programs and projects).
The Commission may establish and maintain Regional Offices headed by a Regional Director in appropriate administrative regions.
Each Regional Office must implement laws, rules, regulations, policies, programs, and projects of the Commission; establish regional and provincial Hajj coordinating and monitoring units; provide efficient and effective service to Muslim Filipinos; coordinate with Executive Department regional offices and agencies; coordinate with local government units; and perform other functions provided by law.
The Commission may establish, operate, and maintain field offices and sub-offices when necessary, appropriate, and feasible.

Secretariat, Hajj posts, and name authentication

The Commission must organize a Secretariat as its technical arm to assist the Secretary.
The Secretariat is headed by an Executive Director, appointed by the President.
The Executive Director executes Commission policies and programs and manages the Commission’s day-to-day operations.
The Executive Director recommends to the Secretary, for approval of the Commission, the Secretariat’s budget, staffing pattern, position classification, compensation scheme, and appointment of personnel subject to existing laws and rules.
The Executive Director has security of tenure and may be removed for cause in accordance with law.
The President appoints a Hajj Attaché from among the three (3) recommendees of the Commission within fifteen (15) days from submission.
The Hajj Attaché coordinates with the Ministry of Hajj of the Kingdom of Saudi Arabia on matters pertaining to the annual Hajj.
The Hajj Attaché must be an academic degree holder and must be able to write and speak fluently in Arabic.
The Hajj Attaché holds office in the Kingdom of Saudi Arabia and enjoys the same rank, salary, and privileges as national government Attachés.
The President appoints the Commission Secretary as Amirul Hajj, who serves as the President’s representative and head of Muslim Filipino pilgrims attending the annual Hajj.
The Commission must authenticate a certification issued by the Hajj Attaché and the Ministry of Hajj of the Kingdom of Saudi Arabia that provides a Muslim name to a pilgrim.
The Commission’s authentication contains both the pilgrim’s registered Philippine Civil Registry name and newly-issued Muslim name, and is legally recognized by the national government for all intents and purposes.

Appropriations, audits, personnel protections, and transition

The amount needed for the Act’s initial implementation is charged against the current year’s appropriations of the OMA.
An additional appropriation of PHP 100,000,000.00 is provided for additional functions and powers of the Commission.
Thereafter, funds needed for continued implementation are included in the annual General Appropriations Act.
The Commission must keep proper accounts and records of all transactions and affairs, ensure payments are correctly made and properly authorized, and maintain control over assets and expenditures.
The Commission is subject to audit by the Commission on Audit.
Commission employee hiring, appointment, employment, promotion, disciplinary control, separation, and other terms and conditions must follow the Civil Service Law and Civil Service Commission rules and regulations.
All Commission employees are deemed members of the GSIS and enjoy all benefits of that system.
The OMA is deemed abolished upon creation of the Commission, and OMA powers, functions, assets, liabilities, capital, accounts, contracts, equipment, and facilities owned by the government are transferred to the Commission.
Upon approval of the Act, the President may appoint the incumbent OMA Executive Director as Acting Secretary until the regular Secretary is appointed.
Regular or permanent OMA employees are absorbed or transferred to the Commission if qualified, without loss of seniority or rank or decrease in emoluments.
No officer or employee in the career service may be removed except for valid cause and after due notice and hearing.
Valid cause for removal exists under bona fide reorganization when a position has been abolished or rendered redundant, or there is a need to merge/divide/consolidate positions to meet exigencies of the service, or other lawful causes allowed by the Civil Service Law.
Employees separated and/or phased-out due to OMA abolition receive separation pay within three (3) months in accordance with existing laws and rules.
Qualified employees may retire and are entitled to benefits under existing retirement laws.
The Commission’s fund may be used to fund separation pay and related purposes.
Employees separated and/or retired from the Commission cannot be reappointed or employed in the Commission in any status (permanent, temporary, casual, or contractual) within three (3) years after separation or retirement.
The Secretary must recommend a work program (organizational plan and structure, staffing pattern and compensation plan, budget, programs, projects, and activities) within ninety (90) days from Act approval.
The Secretary must implement the work program within thirty (30) days after approval by the Commission and the President.

Performance evaluation, implementing rules, repeals, effectivity

The Secretary must formulate and enforce a system to periodically measure and evaluate Commission performance objectively and submit it annually to the President and the Congress.
The National Commission on Muslim Filipinos (NCMF) and the Department of Budget and Management must issue implementing rules and regulations within ninety (90) days after the Act’s effectivity.
A separability clause preserves the validity of remaining provisions if any section or provision is declared unconstitutional or invalid.
Executive Order No. 122-A, as amended by Executive Order No. 295, is repealed; all inconsistent acts, decrees, instructions, rules, and regulations or parts thereof are repealed or modified accordingly.
The Act takes effect fifteen (15) days after its publication in two (2) national newspapers of general circulation.