Expansion of Autonomous Region in Muslim Mindanao

Law Summary

Area Expansion and Plebiscite

Original ARMM composed of four provinces: Lanao del Sur, Maguindanao, Sulu, and Tawi-Tawi.
Expansion to additional provinces and cities through plebiscite as per constitutional provisions.
Clustered Muslim-dominated municipalities may form new provinces.
Questions in plebiscite:
- For original ARMM voters: approval of amendments including expansion.
- For proposed provinces/cities: approval of inclusion in ARMM.
Majority vote decides ratification and inclusion.

Seat of Government

Regional Assembly to fix permanent seat with considerations on accessibility and efficiency.
Provisional seat: Cotabato City.
Central government to fund seat transfer.

Status and Guiding Policies

ARMM is an integral part of the Philippines.
Governed by laws enacted by Regional Assembly and this Organic Act.
Emphasis on peaceful conflict resolution.
Devolution of powers to local units with protections against reduction.
Cities governed by their charters.
Protection and recognition of customs, traditions, and religious freedom.
Shari'ah system applicable to Muslims only, with jurisdiction over personal, family, property, commercial transactions, and some criminal cases.
Protection of indigenous communities prioritizes at-risk tribes.
Education policies uphold Filipino and Islamic values.
Focus on uplifting marginalized groups.
Regional Government authority over natural resources with priority rights to Muslims and indigenous cultural communities in ancestral domain.
Preferential rights and safeguards for inhabitants.
Protection of women and children rights.
Commitment to public health, education, livelihood, housing, and disaster preparedness.
Progressive taxation system encouraged.
Central government to provide equitable budget shares and development assistance.
Rights to initiative, consultation, referenda, plebiscites, and recall recognized.
Protection of fundamental human rights emphasized.
Regional Human Rights Commission created with defined composition and powers.
Priority on environmental protection and sustainable development.

Powers of the Regional Government

Governed by powers expressly granted or necessary for governance and development.
May enact regional administrative and local government codes consistent with the Constitution.
Regional Assembly has legislative power except on reserved national matters such as:
- Foreign affairs, national defense, postal service, coinage, judiciary, and others.
May legislate on Shari'ah law for Muslims.
May promote general welfare through regional laws.
Regional Government representation in central government departments encouraged.
May exercise eminent domain within the region.

Inter-Governmental Relations

The President exercises general supervision over the Regional Governor ensuring lawful exercise of powers.
May suspend or withhold funds for failure in accountability or rights violations.
Regional governor suspension limited to six months for willful violation.
Central government policy encourages cabinet representation from autonomous region.
Coordination between Regional Government and central government in administration of justice, especially Shari'ah and tribal courts.
Regional Governor is ex officio member of National Security Council on regional matters.
Regional Government representation in government-owned corporations operating in the region.

Legislative Department

Legislative power vested in Regional Assembly with a composition of elected members from legislative districts and sectoral representatives.
Sectoral representatives form up to 15% of Assembly and represent marginalized sectors.
Members serve three-year terms with a maximum of three consecutive terms.
Vacancy filled by special election if occurring at least one year before term end.
Qualifications: natural-born Filipino citizen, at least 21 years old, literate, registered voter, and resident for at least five years.
Members must take oath renouncing violence.
Salary set with provisions for increases from regional funds only.
Automatic forfeiture upon acceptance of other government positions.
Restrictions on personal interests and practice of law.
Parliamentary immunity for offenses punishable by up to six years' imprisonment.
Rules of procedure, discipline, and civil service rules regulation powers vested in Assembly.
Bill passage requires three readings; veto power held by Governor with override provisions.
Assembly can create, divide, or alter local government units subject to plebiscite.
Budget approval process strictly regulated.

Executive Department

Executive power vested in the Regional Governor, elected by qualified voters.
Regional Governor assisted by a cabinet with majority from indigenous communities.
Qualifications: natural-born citizen, registered voter, literate, at least 35 years old, resident for at least one year.
Governor and Vice Governor elected as a team.
Regional Vice Governor may be appointed to cabinet without confirmation.
Executive Council includes deputies representing Christians, Muslims, and indigenous communities.
Terms and limits same as Legislative officials.
Oath includes commitment to democracy and renunciation of violence.
Compensation specified with salary standard compliance and restriction on additional emoluments.
Succession rules for permanent and temporary vacancies.
Removal procedures for culpable violations and other crimes detailed.
Recall allowed once during term for loss of confidence.
Prohibition on holding other offices, conflicts of interests, and nepotism safeguards.
Appointment powers and controls over regional agencies are vested in Governor.
Budget submission and legislative limitation outlined.

Administration of Justice

Judicial power vested in Supreme Court and lower courts including Shari'ah courts.
Policy to promote justices from autonomous region at higher courts.
Consultant to Judicial and Bar Council to advise on appointments from region.
Creation of Deputy Court Administrator for the region.
Shari'ah courts to be maintained and regulated; Shari'ah Appellate Court established with exclusive appellate jurisdiction.
Tribal courts created for indigenous cultural communities with specific jurisdiction.
Regional Assembly to codify Islamic and tribal laws.
Application of Muslim and tribal codes limited to members of respective communities.
National law prevails in case of conflicts.
Sources of Islamic law enumerated.

Fiscal Autonomy

Regional Government empowered to create revenue sources and levy taxes within constitutional limits.
Fiscal autonomy includes budgeting, revenue generation, and audit compliance.
Failure in financial accountability may cause suspension or reduction of funds.
Regional Assembly may enact tax code; until then Local Government Code provisions apply.
Taxation powers defined with exceptions such as national and customs taxes.
Revenue sources include taxes, fees, shares from internal revenues, appropriations, block grants, and donations.
Internal revenue sharing formulated with specific allocation percentages among local entities.
Authority to issue debt instruments.
Economic agreements to support regional development.
Tax exemptions and loan contracting governed by Regional Assembly laws.

Ancestral Domain, Lands, and Agrarian Reform

Protection and recognition of ancestral domain and lands of indigenous cultural communities.
Ancestral domain includes various natural resources, with strategic minerals excluded.
Revenues from strategic minerals shared between Regional and local governments and central government.
Indigenous cultural communities defined; customary laws respected.
Prohibitions on disposal or resettlement of ancestral domain lands to non-members without authorization.
Regional Assembly may enact agrarian reform laws suited to local circumstances.

Urban and Rural Planning

Regional Government to promote integrated urban and rural development policies.
Special development programs for indigenous cultural communities.
Equitable development and public participation emphasized.
Adoption of urban land reform and land and water use programs within one year.

Economy and Patrimony

Regional Assembly may legislate on economy and patrimony with conservation standards.
Promotion of economic zones, ports, and investor incentives encouraged.
Establishment of Regional Economic Zone Authority with powers akin to national counterpart.
Supervision and control of natural resources except strategic minerals vested in Regional Government.
Revenue sharing on strategic minerals specified.
Regulation of mining, small-scale mining, and environmental protection prioritized.
Creation of Regional Economic and Development Planning Board for coordinated development.
Authority to establish public utilities and intervene during calamities.
Enactment of laws benefiting victims of mining operations and environmental rehabilitation.
Prohibition of toxic or hazardous substance importation and dumping.
Promotion of business ownership, tax rebates, and holidays for investors.
Emphasis on agriculture, fisheries, trade, banking including Islamic banking.
Regulation of barter trade and promotion of local products and labor.
Tourism promotion respecting cultural heritage.

Public Order and Security

Priority on law and order for peace and security.
Creation of Special Regional Security Force incorporating Philippine National Police and MNLF elements.
Legislative framework for regional police established.
Operational control and other powers vested in Regional Governor.
Organization includes regional, provincial, city, and municipal police offices.
Existence of Regional Police Commission with investigation powers.
Defense responsibility remains with central government with regional command.
Conditions for calling Armed Forces to the region laid out.
Recognition of indigenous peace structures.

Education, Science and Technology, Arts, and Sports

Regional Government responsible for a complete i