Expansion of Autonomous Region in Muslim Mindanao

Expansion of Autonomous Region area

The Autonomous Region in Muslim Mindanao—originally composed of Lanao del Sur, Maguindanao, Sulu, and Tawi-Tawi under Republic Act No. 6734—is expanded to include additional provinces and cities that vote favorably to be included in the expanded area in a plebiscite.
The plebiscite is conducted in the provinces of Basilan, Cotabato, Davao del Sur, Lanao del Norte, Lanao del Sur, Maguindanao, Palawan, Sarangani, South Cotabato, Sultan Kudarat, Sulu, Tawi-Tawi, Zamboanga del Norte, Zamboanga del Sur, and the newly created Province of Zamboanga Sibugay.
The plebiscite is conducted in the cities of Cotabato, Dapitan, Dipolog, General Santos, Iligan, Kidapawan, Marawi, Pagadian, Puerto Princesa, Digos, Koronadal, Tacurong, and Zamboanga.
Congress may provide, consistent with the Constitution and in accordance with Republic Act No. 7160 (Local Government Code of 1991), that clusters of contiguous-Muslim-dominated municipalities voting in favor of autonomy be merged and constituted into new province(s) to become part of the expanded Autonomous Region.

Plebiscite questions and ratification results

For voters of the original four provinces (Maguindanao, Lanao del Sur, Sulu, and Tawi-Tawi), the plebiscite question asks whether they vote in favor of amendments to Republic Act No. 6734 to expand the area of the autonomous region.
If the majority of voters of the original four provinces vote in favor of the proposed amendments, the amendments are deemed ratified; otherwise, the amendments are deemed rejected except that provinces and cities that vote for inclusion become members.
For voters of each proposed province or city for inclusion (Basilan, Cotabato, Davao del Sur, Lanao del Norte, Palawan, Sarangani, South Cotabato, Sultan Kudarat, Zamboanga del Norte, Zamboanga del Sur, Zamboanga Sibugay; and Cotabato, Dapitan, Dipolog, Digos, Koronadal, Tacurong, General Santos, Iligan, Kidapawan, Marawi, Pagadian, Puerto Princesa, Zamboanga), the plebiscite question asks whether they vote in favor of inclusion of their province or city in the Autonomous Region in Muslim Mindanao.
A majority of the votes cast in favor of inclusion in every province or city effects its membership in the expanded Autonomous Region.

Seat of government and funding transfer

The Regional Assembly fixes the permanent seat of government of the regional government in any member province or city, considering accessibility and efficiency in carrying out its mandate.
Until transfer, the provisional seat is in Cotabato City.
The Regional Assembly elected after the plebiscite must identify the site of the permanent seat within its term.
The central government (national government) appropriates funds for the transfer of the provisional seat to the permanent site determined by the Regional Assembly.

Guiding principles and regional policies

The Autonomous Region in Muslim Mindanao remains an integral and inseparable part of the national territory as defined by the Constitution and existing laws.
The regional government must be governed and administered in accordance with laws enacted by the Regional Assembly and with Republic Act No. 9054.
The Regional Autonomous Government adopts a policy of peaceful settlement of conflicts and renounces lawless violence as an instrument of redress.
The regional government adopts a policy on local autonomy by devolving regional powers to local government units—particularly in education, health, human resource, science and technology, and people empowerment; until Regional Assembly implementing law is enacted, Republic Act No. 7160 continues to apply.
The Regional Assembly may not pass laws that diminish, lessen, or reduce the powers/functions and shares in internal revenue taxes of local government units as provided under Republic Act No. 7160.
Charter cities within the autonomous region continue to be governed by their charters; the Organic Act does not diminish powers and functions those cities already enjoy.
The beliefs, customs, and traditions of the people, and the free exercise of religion, including Muslims, Christians, Jews, Buddhists, or any other religious denomination, are recognized, protected, and guaranteed.
The Regional Assembly must adopt measures ensuring mutual respect and protection of distinct beliefs, customs, and traditions of inhabitants.
The Regional Assembly, in consultation with the Supreme Court and consistent with the Constitution, may formulate a Shari'ah legal system including criminal cases applicable only to Muslims or those who profess the Islamic faith, and subject to constitutional limits—especially the prohibition against cruel and unusual punishment and applicable national legislation promoting human rights and universally accepted legal principles.
Shari'ah courts have jurisdiction over personal, family and property relations, and commercial transactions, in addition to criminal cases involving Muslims.
The Regional Assembly, in consultation with the Supreme Court, determines the number and specifies details of the jurisdiction of Shari'ah courts.
No person in the autonomous region is subjected to discrimination on account of creed, religion, ethnic origin, parentage, or sex.
The regional government ensures development, protection, and well-being of indigenous tribal communities; it must enact priority legislation for tribes in danger of extinction as determined by the Southern Philippines Cultural Commission.
The regional government adopts educational policies that perpetuate Filipino and Islamic values and ideals and the just aspirations of the Bangsa Moro, respecting the beliefs/customs/traditions/religions of non-Muslim inhabitants.
The regional government devotes resources to improve the well-being of all constituents, particularly the marginalized, deprived, disadvantaged, underprivileged, disabled, and elderly.
The Regional Government has authority to explore, develop, and utilize natural resources in the autonomous region (surface/sub-surface rights, inland and coastal waters, renewable and non-renewable resources), subject to the Constitution and the Organic Act, with priority rights for Muslims and indigenous cultural communities in areas designated as parts of their respective ancestral domains.
The autonomous region provides manpower training, creates livelihood and job opportunities, allocates equitable preferential rights to inhabitants, and adopts laws safeguarding workers’ rights.
The Regional Government upholds and protects fundamental rights of women and children, including the right of women to engage in lawful employment; it protects women and children—especially orphans of tender age—from exploitation, abuse, or discrimination.
The Regional Government provides and ensures delivery of basic and responsive health programs, quality education, appropriate services, livelihood opportunities, affordable and progressive housing projects, and water resource development.
The regional government maintains disaster-preparedness units for immediate and effective relief to victims of natural and man-made calamities and ensures rehabilitation of calamity areas and victims.
The Regional Assembly adopts an efficient and progressive system of taxation that includes incentives for prompt payment and penalizes tax evasion and delinquency.
The central/national government provides a proportionate and equitable share in the annual national budget and foreign assisted projects, and other financial assistance, support, and subsidies to accelerate development.
When the Commission on Audit finds internal controls inadequate, it may require pre-audit and must conduct community seminars explaining benefits and proper use of internal revenue allotments.
The rights of people to initiate measures for regional/local legislation, to be consulted on matters affecting their environment, to call referenda on important issues affecting their lives, and to recall regional/local officials as provided in Republic Act No. 7160 are recognized; the Regional Assembly must enact priority legislation defining these rights, and existing laws govern until then.
Fundamental rights and duties of people include those defined in the Constitution and the Organic Act, the Geneva Convention, the United Nations Charter, the United Nations Declaration on the Rights of Indigenous Communities, the International Declaration on the Rights of Human Rights, and those prescribed in laws and principles binding upon members of the community of nations.
A Regional Human Rights Commission is created to perform within the autonomous region the functions of the human rights commission of the central/national government.
The chair and two commissioners of the Regional Human Rights Commission are appointed by the President upon recommendation of the Regional Governor; the composition reflects the ethnic distribution of the autonomous region; the chair must be a lawyer and resident of the autonomous region.
The two commissioners must preferably be lawyers or at least holders of bachelor degrees from colleges/universities recognized by the Department of Education, Culture and Sports of the central/national government.
Decisions of the Regional Human Rights Commission may be appealed to the Court of Appeals on questions of law.
Initially, the Regional Assembly fixes salaries/perquisites/privileges of the chair and commissioners at a level not lower than those for the chair and members of the National Labor Commission, and thereafter may raise them subject to availability of funds.
Protection, rehabilitation, and sustainable development of forests, coastal, and marine resources—including programs/projects to maintain ecological balance—are given priority.

Powers of regional government and limits

The Regional Government exercises powers/functions expressly granted in the Organic Act or necessary or incidental to proper governance and development of constituent units within the autonomous region, consistent with regional/local autonomy and decentralization.
The Regional Government may enact its own regional administrative code and regional local government code, consistent with the Constitution.
Powers/functions and shares in national taxes of local government units under Republic Act No. 7160 are not reduced.
The autonomous region is a corporate entity with jurisdiction over all matters devolved to it by the Constitution and the Organic Act.
The Regional Assembly may exercise legislative power for the benefit of the people and development of the region except for the following matters:
- Foreign affairs
- National defense and security
- Postal service
- Coinage and fiscal and monetary policies
- Administration of justice (but it may legislate on matters covered by Shari'ah, applicable only to Muslims, limited by constitutional and human-rights constraints)
- Quarantine
- Customs and tariff
- Citizenship
- Naturalization, immigration and deportation
- General auditing
- National elections
- Maritime, land and air transportation, and communications (while the autonomous government may grant franchises, licenses and permits for transportation routes in provinces/cities within the region and communications facilities with frequencies confined to the region and main offices located in the region)
- Patents, trademarks, trade names, and copyrights
- Foreign trade
Notwithstanding limitations, the Regional Assembly may enact laws that promote the general welfare of the people of the autonomous region.
The autonomous region must be represented, as far as practicable, in central/national departments, offices, commissions, agencies, and bureaus implementing/enforcing policies, programs, and projects in the region.
The Regional Government may exercise eminent domain.

Inter-governmental relations and supervision

The President exercises general supervision over the Regional Governor to ensure acts remain within the scope of powers/functions.
Presidential supervision is exercised through the Regional Governor over provincial governors and mayors of highly urbanized cities; through provincial governors over component city and municipal mayors; and through city or municipal mayors over punong barangay.
The President may suspend, reduce, or cancel financial blocks or grants-in-aid, infrastructure funds, and other assistance intended for the autonomous region if:
- The regional government fails to account for released funds/assistance within one month from the end of every quarter in which funds/assistance were released; or
- Measures for protection and enhancement of civil, human, political, or religious rights of lumads, Christians, and other minorities are not respected/violated or not implemented within one (1) year from enactment of such measures.
The President may suspend the Regional Governor for a period not exceeding six (6) months for willful violation of the Constitution, the Organic Act, or existing law applicable to the autonomous region.
Cabinet representation: It is national government policy that, as far as practicable, there shall be at least one cabinet member with rank of department secretary who is an inhabitant of the autonomous region, recommended by the Regional Governor in consultation with elected officials and concerned sectors.
The Regional Government maintains close coordination with central/national government for effective administration of justice.
Representation in central/national government may be done by appointment or election:
- Appointments must meet central/national standards and guidelines and are made only upon recommendation by the Regional Governor after consultation with the Regional Assembly and concerned sectors.
- Right of representation does not prevent appointment of applicants from the autonomous region for lower positions.
- Election of legislators representing the autonomous region in Congress follows Commission on Elections rules.
At least one qualified inhabitant recommended by the Regional Governor after consultation with the Regional Assembly and concerned sectors must be appointed, as far as practicable, in each central/national department/office/bureau/constitutional body dealing with the autonomous region in primarily confidential, highly technical, or policy-determining positions.
The Regional Governor is an ex officio member of the National Security Council on matters concerning the autonomous region and other matters the President determines.
The Regional Government is represented in the board of directors or policy-making bodies of government-owned-and-controlled corporations operating in the autonomous region directly or through subsidiaries.

Regional Assembly structure and legislative process

Legislative power of the autonomous government is vested in the Regional Assembly, except to the extent reserved to the people by initiative and referendum provisions as provided by law.
The Regional Assembly is composed of members elected by popular vote, with three (3) members from each legislative district.
Sectoral representatives exist in the Regional Assembly; their number must not exceed fifteen percent (15%) of the total number of elected members, drawn from the agricultural, labor, urban poor, disabled, indigenous cultural communities, youth, and women sectors.
The Regional Assembly may enact legislation to provide for representation of other sectors.
The youth representative must be not less than eighteen (18) years and not more than twenty-one (21) years of age at the time of assumption to office.
Sectoral representatives receive the same salary and allowances and rights and privileges as regularly elected members, and are elected on the same date as members of the Regional Assembly.
Term of office for members (including sectoral representatives) is three (3) years, beginning at noon on the 30th day of September next following election and ending at noon on the same date three years thereafter.
No member may serve more than three (3) consecutive terms.
A vacancy occurring at least one (1) year before term expiration triggers a special election under regional law; the elected member serves only the unexpired term.
Qualifications for Regional Assembly members require: natural-born citizenship; at least twenty-one (21) years of age on election day; able to read and write; registered voter in the district on filing of certificate of candidacy; and resident for at least five (5) years immediately preceding election.
Members must take an oath or affirmation to allegiance to the Republic, renounce violence, and commit to democratic means before taking their seat.
Salaries: a member receives P180,000 annual salary unless otherwise provided by the Regional Assembly; the Speaker receives P200,000 annual salary, subject to the Salary Standardization Law.
The Regional Assembly may increase the Speaker and members’ compensation in accordance with existing laws on position classification/compensation, funded solely from revenue raised by the Regional Government, and such increases take effect only after expiration of terms of members who approved the increase.
Regional Assembly funds or parts thereof provided by the central/national government may not be used for salaries/honoraria/per diems or to increase salaries/honoraria/per diems of regional officials/employees.
Members automatically forfeit their seat if they accept appointment and qualify for any government position, including government-owned or -controlled corporations/institutions and their subsidiaries.
Upon assumption, members must make a full disclosure of financial and business interests, including those of spouses and unmarried children under eighteen (18) years living in their households, and must notify the assembly of potential conflicts of interest arising from measures they author upon filing.
A member found guilty of non-disclosure may be expelled by a two-thirds (2/3) vote of all Regional Assembly members, without prejudice to other liabilities.
Prohibited acts: no member may personally appear as counsel before courts of justice or quasi-judicial and other administrative bodies; no member may be financially interested in any contract with, or in any franchise or special privilege granted by central/national or regional government or any subdivision/agency/instrumentality including GOCCs or subsidiaries during the term; and no member may intervene before any office for pecuniary benefit or where called upon to act due to the office.
Parliamentary immunity: offenses punishable by not more than six (6) years imprisonment give privilege from arrest while the Regional Assembly is in session; members may not be questioned or held liable elsewhere for speeches or debates in the assembly or committees.
The Regional Assembly adopts rules of procedure by majority vote, including selection of standing committees and suspension/expulsion discipline rules, and elects a Speaker and officers; the Speaker appoints assembly personnel; all qualified applicants must have equal opportunity for employment with preference for inhabitants regardless of ethnic origin, culture, sex, creed, or religion.
From the approval date, appointments to various positions in the Regional Government are subject for up to six (6) years to Civil Service law/rules/regulations of the central/national government; thereafter, the Regional Government’s own Civil Service rules apply; if it adopts none, central rules continue to govern.
Quorum: a majority of all members constitutes quorum, though a smaller number may adjourn and compel attendance of absent members under penalties the assembly provides.
The Regional Assembly and committees may conduct inquiries/public consultations in aid of legislation, issue subpoena or subpoena duces tecum, cite witnesses for contempt for refusal to testify or produce required papers/documents/things, and must respect rights of persons appearing or affected.
The Regional Assembly keeps a journal of proceedings and record of caucuses/meetings; record and books of accounts must be preserved and open to public scrutiny.
The Commission on Audit must publish an annual report of itemized list of expenditures incurred by members within sixty (60) days from end of every regular session.
Questioning officials: the Regional Assembly may require the presence of regional cabinet members (with express consent of the Regional Governor) for questioning in aid of legislation as its rules provide, and may require regional commissions/offices/agencies with offices in the autonomous region to explain matters relating to exercise of their powers/functions.
Sessions: regular sessions meet in open session starting the 4th Monday of October and continue for such number of days as the assembly determines until thirty (30) days before opening of next regular session, exclusive of Saturdays, Sundays, and legal holidays.
Special sessions may be held at request of one-third (1/3) of all members or by call of the Regional Governor, with a specific agenda.
Passage of bills: a bill becomes a law of regional application only after it passes three (3) readings on separate days and printed copies in final form are distributed to members three (3) days before passage, except when the Regional Governor certifies necessity for immediate enactment to meet a public calamity or emergency.
Approval and veto: every bill passed must be presented to the Regional Governor; approval leads to signing; disapproval vetoes on grounds of ultra-vires or against public policy and returns with objections. The Regional Assembly records objections in its journal and may proceed to reconsider; if two-thirds (2/3) of all members vote to pass the bill after reconsideration, it becomes law using yeas and nays, with names entered in the journal.
Veto timing: the Regional Governor must communicate veto within thirty (30) days from receipt; otherwise, the bill becomes law as if signed.
Submission to President and Congress: the Speaker submits within ten (10) working days from approval a certified true copy of laws and resolutions to the President and both Houses of Congress.
Creation/division/abolition of local units: the Regional Assembly may create, divide, merge, abolish, or substantially alter boundaries of provinces, cities, municipalities, or barangay under Republic Act No. 7160 criteria, subject to majority vote in a plebiscite in directly affected political units; it may prescribe standards lower than those mandated by Republic Act No. 7160 for boundary creation/alteration of local units.
Local units created/divided/merged/with boundaries altered without observing Republic Act No. 7160 standards prescribed by the Regional Assembly are not entitled to local government tax shares under the Code.
Financial requirements for newly created/divided/merged provinces/cities/municipalities/barangay are provided by the Regional Assembly out of general funds of the Regional Government.
Plebiscites required for determining voters’ will under Republic Act No. 7160 must be observed.
The Regional Assembly may change names of local government units, public places and institutions, and declare regional holidays.
Annual infrastructure funds: the annual budget is enacted by the Regional Assembly; central/national government infrastructure in the autonomous region is appropriated through a Regional Assembly Public Works Act.
No public works funds (central/national or from the Regional Government’s own revenues) may be disbursed/distributed/realigned/used unless approved by the Regional Assembly.

Executive power, elections, offices, and fiscal control

Executive power is vested in the Regional Governor, who is elected by qualified voters of the autonomous region.
The Regional Governor is chief executive, assisted by a cabinet not exceeding ten (10) members, at least six (6) from indigenous cultural communities; cabinet representatives of indigenous cultural communities must come from various provinces and cities within the autonomous region.
Cabinet members must be registered voters and residents of the region for at least five (5) years immediately preceding appointment.
The Regional Governor appoints cabinet members subject to confirmation by the Regional Assembly.
Qualifications for Regional Governor and Regional Vice Governor: natural-born citizen; registered voter of the autonomous region; able to read and write; at least thirty-five (35) years old on election day; and resident for at least one (1) year immediately preceding election.
Regional Governor and Regional Vice Governor are elected as a team; votes count crosswise for their team mates; candidates for both belong to the same political party or coalition; the Commission on Elections promulgates rules to effect the provision.
The Regional Vice Governor may be appointed by the Regional Governor as a cabinet member without Regional Assembly confirmation and may be removed as Regional Governor is removed.
The Regional Governor appoints three (3) deputy regional governors representing Christians, indigenous cultural communities, and Muslims; the five officials (Regional Governor, Regional Vice Governor, and three deputies) comprise the executive council.
The executive council advises the Regional Governor on governance matters; the three deputies are ex officio members of the regional cabinet with or without portfolio.
Unless removed earlier, a deputy regional governor’s term is co-terminous with the appointing Regional Governor.
Terms for Regional Governor, Vice Governor, and Regional Assembly members are three (3) years beginning at noon on September 30 following election and ending at noon on the same date three years thereafter; incumbents remain until successors are elected and qualified.
Term limits: no Regional Governor, Vice Governor, or Regional Assembly member serves more than three (3) consecutive terms.
Term limits in Republic Act No. 7160 apply to provincial governors and municipal/city mayors and punong barangay in the autonomous region.
Oath of office for Regional Governor and Vice Governor requires faithful and conscientious fulfillment of duties, preservation and defense of Constitution and Organic Act, justice to every man, consecration to service, renunciation of violence, and commitment to democratic means; affirmation version omits the last sentence “So help me God.”
Compensation defaults unless Regional Assembly provides otherwise: Regional Governor P250,000 annual and Regional Vice Governor P230,000 annual, subject to Salary Standardization Law; Regional Assembly may adjust but increases/decreases take effect only after the term when enacted.
Regional Governor and Vice Governor may not receive other emoluments from central/national or regional government or government-owned-and-controlled corporations/firms during tenure.
No central/national government funds may be used for salaries/honoraria/per diems or to increase such for the Regional Governor, Vice Governor, Regional Assembly, or regional government employees.
Housing and travel: the Regional Assembly provides reasonable housing allowance; travel outside the autonomous region entitles the Regional Governor to reasonable travel and accommodation allowances not less than cabinet members’ rates in the central/national government.
Succession—permanent vacancy: upon death, permanent disability, removal, or resignation of the Regional Governor, the Regional Vice Governor becomes Regional Governor for the unexpired term; if both Governor and Vice Governor vacate by death/permanent disability/removal/resignation, the Speaker acts as Regional Governor until special election and qualification; the acting Speaker must temporarily vacate his position and an interim Speaker is elected; Speaker reassumes after election and assumption.
No special election is called for a vacancy occurring within one (1) year immediately preceding the next regular election.
Succession—temporary incapacity: when the Regional Governor is temporarily incapacitated due to physical/legal causes, on official leave, or on travel outside the territorial jurisdiction of the Republic, the Regional Vice Governor exercises powers/duties; if none or if Vice Governor also cannot/refuses, the Speaker exercises powers/duties as prescribed by regional law or, if none, by Republic Act No. 7160.
Removal—legislative: the Regional Governor or Vice Governor may be removed for culpable violation of the Constitution/Organic Act, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust by three-fourths (3/4) vote of all Regional Assembly members.
Removal proceedings are presided over by the Presiding Justice of the Court of Appeals; the Regional Assembly initiates removal moves by majority vote and promulgates implementing rules.
Removal—presidential: the President may suspend or remove the Regional Governor by executive action for culpable violation of Constitution, treason, bribery, graft and corruption, and other high crimes.
Criminal accountability: the Regional Governor or Vice Governor may be criminally charged before the proper regional trial court; the court may order preventive suspension for not more than two (2) months pending termination; the court may also order removal as part of conviction decision.
Recall: the Regional Governor, Vice Governor, or Regional Assembly members may be recalled only once during their respective terms for loss of confidence; the Regional Assembly must provide the procedure and system for recall.
Recall timing limits: no recall within