Title
Organic Law for Bangsamoro Autonomous Region
Law
Republic Act No. 11054
Decision Date
Jul 27, 2018
The Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao outlines the turnover of regional government status, retirement benefits, staffing policies, asset disposition, dissolution of the transitional authority, and the first regular election for the Bangsamoro Government.
bangsamoro
autonomous region
muslim mindanao

Legal basis, predecessor law repealed

  • Republic Act No. 11054 repeals Republic Act No. 6734 for the purpose of replacing “An Act Providing for an Organic Act for the Autonomous Region in Muslim Mindanao,” as amended by Republic Act No. 9054, titled “An Act to Strengthen and Expand the Organic Act for the Autonomous Region in Muslim Mindanao.”
  • Republic Act No. 11054 governs within the framework of the Constitution and recognizes national sovereignty and territorial integrity of the Republic of the Philippines.

Policy, purpose, and intent

  • This Organic Law recognizes the aspirations of the Bangsamoro people and other inhabitants in the autonomous region to establish an enduring peace on the basis of justice and a balanced society.
  • The law affirms the right to conserve and develop patrimony and reflects a system of life in harmony with customary laws, cultures, and traditions.
  • The law intends to allow genuine and meaningful self-governance through a democratic process that secures identity and posterity.

Core identities and symbols

  • Bangsamoro People are 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, and they have the right to identify themselves, their spouses, and descendants as Bangsamoro (Article II, Section 1).
  • The Bangsamoro Parliament shall adopt the official flag, emblem, and hymn of the Bangsamoro Autonomous Region (Article II, Section 2).
  • The flag of the Republic of the Philippines must always be displayed alongside the Bangsamoro flag (Article II, Section 2).
  • Whenever the Bangsamoro hymn is sung, it must be preceded by the singing of the Philippines National Anthem (Article II, Section 2).

Territory and constituent areas

  • The Bangsamoro Autonomous Region’s territorial jurisdiction consists of land mass and waters over which it has jurisdiction, forming an integral, indivisible, and inseparable part of the national territory of the Republic (Article III, Section 1).
  • The territorial jurisdiction is composed of:
    • 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 as such until this Organic Law is ratified through a plebiscite (Article III, Section 2(a)).
    • Specific municipalities in Lanao del Norte—Baloi, Mtinai, Nummgan, Pantar, Tagoloan, and Tangkal—that voted for inclusion during the 2001 plebiscite (Article III, Section 2(b)).
    • Thirty-nine (39) barangays in the municipalities of Aleosan, Carmen, Kabacan, Midsayap, Pigkawayan, and Pikit in North Cotabato that voted for inclusion during the 2001 plebiscite, listed by barangay name in Article III, Section 2(c).
    • The City of Cotabato (Article III, Section 2(d)).
    • The City of Isabela (Article III, Section 2(e)).
    • The Province of Basilan (Article III, Section 2(e)).
    • All other contiguous areas where either (1) a resolution of the local government unit seeks inclusion or (2) a petition of at least ten percent (10%) of registered voters seeks inclusion, at least two (2) months prior to the conduct of ratification of this Organic Law (Article III, Section 2(f)).
  • Establishment of the territorial jurisdiction takes effect upon ratification by majority of votes cast in a plebiscite conducted for the purpose, with a requirement that political units directly affected shall vote favorably in the plebiscite (Article III, Section 2, proviso).
  • Inland waters (lakes, rivers, river systems, streams) within territorial jurisdiction form part of Bangsamoro inland waters, and preservation and management are under the Bangsamoro Government as provided in Section 22, Article XIII (Article III, Section 3).
  • Bangsamoro municipal and regional waters extend:
    • Municipal waters: up to fifteen (15) kilometers from the low-water mark of coasts.
    • Regional waters: up to nineteen (19) kilometers from the low-water mark of coasts (Article III, Section 4).
  • Water demarcation rules apply when Bangsamoro and an adjoining local government unit are on opposite shores:
    • If waters between them are thirty (30) kilometers or less, a line equally distant from opposite shores demarcates Bangsamoro waters and adjoining municipal waters (Article III, Section 4).
    • If waters between them are more than thirty (30) kilometers but less than thirty-four (34) kilometers, a line at the edge of the fifteen-kilometer municipal waters of the adjoining local government unit demarcates it from Bangsamoro waters (Article III, Section 4).
  • Constituent units of the Bangsamoro Autonomous Region are provinces, cities, municipalities, barangays, and geographical areas within its territorial jurisdiction (Article III, Section 5).

Governance principles and parliamentary government

  • The Bangsamoro Autonomous Region is an integral, indivisible, and inseparable part of the Republic; the Bangsamoro people must uphold the Constitution and owe allegiance to the Republic (Article IV, Section 1).
  • The Bangsamoro Autonomous Region may pursue political, economic, social, and cultural development consistent with this Organic Law (Article IV, Section 2).
  • The Bangsamoro Autonomous Region shall have a democratic political system enabling free participation, and it shall have a parliamentary form of government (Article IV, Section 3).
  • The Bangsamoro Government shall adopt an electoral system consistent with national election laws, enabling democratic participation, encouraging principled political parties, and ensuring accountability (Article IV, Section 4).
  • Governance is the responsibility of the duly elected civilian government, and civilian authority is supreme over the military (Article IV, Section 5).
  • The Bangsamoro Government must promote unity, peace, justice, and goodwill, and encourage just and peaceful dispute settlement (Article IV, Section 6).
  • Social justice requires ensuring every Filipino citizen in its jurisdiction receives basic necessities and equal opportunities, and it must be promoted in all aspects and phases of development (Article IV, Section 7).
  • The Bangsamoro Government shall respect and adhere to all international treaties and agreements binding the National Government (Article IV, Section 8).
  • The Bangsamoro Government shall recognize and promote the rights of non-Moro indigenous peoples within the framework of the Constitution and national laws (Article IV, Section 9).
  • Freedom of choice must be respected; indigenous peoples may retain distinct identities in addition to Bangsamoro political identity, and there shall be no discrimination based on identity, religion, or ethnicity (Article IV, Section 10).

Powers of Bangsamoro Government and welfare

  • All powers, functions, and responsibilities not granted to the Bangsamoro Government by the Constitution or national law remain with the National Government (Article V, Section 1).
  • Subject to Section 20, Article X of the Constitution and this Organic Law, the Bangsamoro Government exercises authority over enumerated matters (without prejudice to general supervision of the President), including:
    • Administration of justice, administrative organization, agriculture, livestock, and food security (Article V, Section 2(a)-(c)).
    • Ancestral domain and natural resources; barter trade and countertrade; budgeting; business name registration; cadastral land survey; civil service; classification of public lands (Article V, Section 2(d)-(j)).
    • Cooperatives and social entrepreneurship; boundary changes of municipalities and barangays; creation/alteration of boundaries; creation of GOCCs and pioneer firms; creation of sources of revenues; cultural exchange and economic/technical cooperation (Article V, Section 2(k)-(o)).
    • 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 (Article V, Section 2(q)-(t)).
    • Economic zones, industrial centers, free ports; education and skills training; eminent domain; environment, parks, forest management, wildlife, nature reserves; fishery, marine, and aquatic resources (Article V, Section 2(u)-(y)).
    • Grants and donations; Hajj and Umrah; health; housing and human settlements; humanitarian services and institutions; human rights; indigenous peoples’ rights; inland waters; inland waterways for navigation; Islamic banking and finance (Article V, Section 2(aa)-(hh)).
    • Labor, employment, and occupation; libraries and museums; historical/cultural/archaeological sites; loans/credits/indebtedness; consultation mechanisms for women and marginalized sectors; people’s organizations; power sector investments; public-utilities operations; public works and infrastructure (Article V, Section 2(ii)-(zz)).
    • 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; social services and 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 and services, flood control, and irrigation systems (Article V, Section 2(zz)-(ccc)).
  • The Bangsamoro Government must exercise powers expressly granted, necessarily implied, and those necessary/appropriate/incidental for efficient governance and general welfare, including preservation of culture, health and safety, balanced ecology, public morals, economic prosperity, social justice, full employment, peace and order, and comfort and convenience of inhabitants (Article V, Section 3).

Intergovernmental relations and coordination

  • The President exercises general supervision to ensure laws are faithfully executed and may suspend the Chief Minister for a period not exceeding six (6) months for willful violation of the Constitution, national laws, or this Organic Law (Article VI, Section 1).
  • A National Government–Bangsamoro Government Intergovernmental Relations Body coordinates and resolves intergovernmental issues through regular consultation and continuing negotiation in a non-adversarial manner (Article VI, Section 2).
  • The Intergovernmental Relations Body must exhaust all means to resolve issues; unresolved issues are elevated to the President, through the Chief Minister (Article VI, Section 2).
  • The National Government and the Bangsamoro Government each appoint representatives; a joint secretariat supports the Body (Article VI, Section 2).
  • A Philippine Congress–Bangsamoro Parliament Forum is created for cooperation and coordination of legislative initiatives (Article VI, Section 3).
  • An Intergovernmental Fiscal Policy Board addresses revenue imbalances and fluctuations in regional financial needs and revenue-raising capacity, with functions and composition provided in Sections 37 to 38, Article XII (Article VI, Section 4).
  • A Joint Body for the Zones of Joint Cooperation formulates policies relating to the Zones of Joint Cooperation in the Sulu Sea and Moro Gulf as provided in Section 19, Article XIII (Article VI, Section 5).
  • An Intergovernmental Infrastructure Development Board coordinates and synchronizes national and Bangsamoro infrastructure development plans, composed of heads or representatives of appropriate Bangsamoro ministries/offices, and National Government representation by the Secretary of Public Works and Highways and such other officials designated by that Secretary (Article VI, Section 6).
  • An Intergovernmental Energy Board resolves matters specified in Section 36, Article XIII, and other energy issues referred by the Intergovernmental Relations Body, composed of representatives of National and Bangsamoro energy regulatory commissions and electrification administrations (Article VI, Section 7).
  • The Parliament shall create a Bangsamoro Sustainable Development Board to integrate economic, social, and environmental considerations for sustainable development; the Board’s funding is included in the annual budget, and when revenues are collected from exploration, development, and utilization of natural resources within Bangsamoro, a percentage must be allocated for the Board as may be provided by a law passed by the Parliament (Article VI, Section 8).
  • A Council of Leaders advises the Chief Minister and consists of: the Chief Minister; Members of Congress from the Bangsamoro Autonomous Region; provincial governors and mayors of chartered cities in the Bangsamoro Autonomous Region; representatives of traditional leaders, non-Moro indigenous communities, women, settler communities, the Ulama, youth, and Bangsamoro communities outside the region; and representatives of other sectors, with representation determined by the Parliament and non-Moro indigenous representation pursuant to their customary laws and processes (Article VI, Section 9).

Bangsamoro Parliament: composition, sessions, laws

  • The Bangsamoro Parliament has the legislative and governing powers and elects the Chief Minister who exercises executive authority on its behalf (Article VII, Sections 2-4).
  • The Parliament’s seat of government is fixed by law anywhere within the Bangsamoro territorial jurisdiction, considering accessibility and efficiency (Article VII, Section 1).
  • The Parliament enacts laws within Bangsamoro competencies and may enact laws on matters such as: general welfare; calling referendums on important issues; initiatives; inquiries in aid of legislation; laws on augmenting general appropriations items for specific officials; laws regulating regional franchises and concessions; discipline of its members; Bangsamoro holidays; and consultation on matters affecting the environment (Article VII, Sections 3-5).
  • The Parliament is composed of eighty (80) members, unless increased by the Congress of the Philippines (Article VII, Section 6).
  • Seats are classified and allocated as follows (Article VII, Section 7):
    • Party Representatives: one-half of Parliament members elected through proportional representation based on Bangsamoro territorial jurisdiction; any organized group may register as a political party with the Bangsamoro Electoral Office with qualifications prescribed by a Bangsamoro Electoral Code; each registered political party submits before the election a ranked list of nominees from one (1) to forty (40), and no person is nominated in more than one list; seats are allocated proportionately to the percentage of votes cast; an elected party representative who changes political party affiliation during the term forfeits the seat; if the change is within six (6) months before an election, the person is not eligible for nomination under the new party/organization (Article VII, Section 7(a)).
    • Parliamentary District Seats: not more than forty percent (40%) of members elected from single-member parliamentary districts, apportioned as provided by the Parliament; in the first election after ratification, district seat allocation is determined by the Bangsamoro Transition Authority under Section 4, Article XVI, adhering to standards in Section 10, Article VII; district representatives are elected by direct plurality vote (Article VII, Section 7(b)).
    • Reserved Seats and Sectoral Representatives: constitute at least ten percent (10%) of Parliament members, 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 are never less than eight (8) seats; the Parliament determines election manner; first election allocation is determined by the Bangsamoro Transition Authority under Section 4, Article XVI (Article VII, Section 7(c)).
  • Reserved seats for non-Moro indigenous peoples follow customary laws and indigenous processes emphasizing primacy of customary laws and practices, consensus building, community acceptability, inclusive and full participation, representation of collective interests and aspirations, sustainability and strengthening of indigenous political structures, track record and capability, and gender equality (Article VII, Section 8).
  • Only regional political parties duly accredited by the Bangsamoro Electoral Office, as approved by the Commission on Elections, may participate in parliamentary elections in Bangsamoro; the Bangsamoro Government ensures inclusion of women’s agenda and women and youth involvement in party electoral nominating processes (Article VII, Section 9).
  • The Parliament may reconstitute parliamentary districts by law for equitable representation; district redistricting/merging/creation is based on inhabitants and additional provinces/cities/municipalities/geographical areas that become part of Bangsamoro territorial jurisdiction; districts must be, as far as practicable, contiguous, compact, and adjacent; each district must have population of at least one hundred thousand (100,000) (Article VII, Section 10).
  • Members serve three (3) years, and no member serves for more than three (3) consecutive terms; voluntary renunciation or dissolution does not interrupt continuity for the full term (Article VII, Section 11).
  • Qualifications for Parliament membership include: Philippine citizenship; at least twenty-five (25) years of age on election day; able to read and write; and a registered voter in Bangsamoro; youth-representative candidates must be at least eighteen (18) and not more than thirty (30) years; district representative candidates must be registered voters of the district and have resided in the district for at least one (1) year immediately preceding election (Article VII, Section 12).
  • Parliament fixes members’ salaries and emoluments, which cannot be higher than those of a Provincial Governor; Deputy Chief Ministers and the Speaker have one salary grade higher than members; the Chief Minister’s salaries cannot be higher than Members of the Congress; compensation must follow the Revised Compensation and Position Classification System under Republic Act No. 6758; no compensation increase takes effect until after the expiration of the full term of all members approving the increase; first Parliament salaries/emoluments are determined by a law passed by the Bangsamoro Transition Authority; members do not receive other salaries/emoluments from Bangsamoro or National Government during tenure (Article VII, Section 13).
  • Members must file a full disclosure of financial and business interests, including those of spouses and children, upon assumption of office, and must notify the Parliament of any potential conflict of interest from bills/resolutions they author (Article VII, Section 14).
  • The Chief Minister, Deputy Chief Ministers, Cabinet members, and Parliament members are prohibited during their term from engaging in any business or commercial enterprise in Bangsamoro Autonomous Region where there is conflict of interest in the exercise of their functions (Article VII, Section 15).
  • Prohibited pecuniary interests include unlawful direct/indirect acts by those officials including: business transactions with the Bangsamoro Government where money or value is transferred out of Bangsamoro resources; holding interests in cockpits or other games licensed by the Bangsamoro Government; purchasing real estate or other property forfeited to the Bangsamoro Government; being surety for persons contracting with the Bangsamoro Government where surety is required; and possessing/using public property for private purposes (Article VII, Section 16(a)).
  • Other prohibitions governing national public officers on prohibited business and pecuniary interest under Republic Act No. 6713 apply to these Bangsamoro officials and Parliament members (Article VII, Section 16(b)).
  • The Chief Minister, Deputy Chief Ministers, and Cabinet members are prohibited from practicing their profession or engaging in any occupation other than their functions (Article VII, Section 17(a)).
  • Parliament members not holding Cabinet positions may practice professions/engage in occupation/teach except during session hours; those who are members of the Philippine Bar are prohibited from specified appearances and acts: adverse civil counsel cases involving Bangsamoro Government/offices; criminal cases where National or Bangsamoro government officers/employees are accused of offenses committed in relation to the office; collecting appearance fees in administrative proceedings involving Bangsamoro Government; and using property/personnel of government except defending government interests (Article VII, Section 17(b)).
  • Doctors of medicine may practice even during official hours only on emergencies, and they must not derive monetary compensation (Article VII, Section 17(c)).
  • Officials and employees shall file sworn statements of assets, liabilities, and net worth, lists of relatives within fourth civil degree of consanguinity or affinity, and financial/business interests and personal data sheets as required by national law (Article VII, Section 18).
  • A Parliament member’s seat is forfeited upon: voluntary resignation (written or oral in Parliament); conviction of a grave offense by regular court or finding of guilt of a grave offense (treason, high crimes, heinous crimes, crimes against morality, or other crimes punishable by more than six (6) years); permanent physical or mental incapacity or death; substitution by the same party under proportional representation; expulsion with concurrence of two-thirds of all members; or other grounds provided in the Bangsamoro Electoral Code (Article VII, Section 19).
  • Filling vacancies: proportional representation vacancies are filled by the party; district seat vacancies caused by an affiliated member are filled by party nomination within thirty (30) days, appointed by the Chief Minister subject to Bangsamoro Electoral Code; unaffiliated vacancies occurring at least one (1) year before term expiration may be filled by special election called under a Parliament law; the appointed/selected member serves the unexpired term (Article VII, Section 20).
  • Members are privileged from arrest for offenses punishable by not more than six (6) years imprisonment committed within Bangsamoro territorial jurisdiction while Parliament is in session (Article VII, Section 21).
  • Members cannot be questioned or held liable elsewhere for speeches or debates in Parliament or its committees (Article VII, Section 21).
  • Parliament regular session timing: starts forty-five (45) days after election and ends thirty (30) days before opening of next regular session, unless earlier dissolved by vote of no confidence; special/emergency session may be called by Speaker upon request of Chief Minister or majority of all Parliament members (Article VII, Section 22).
  • On the first day of session following election, members elect by majority vote the Speaker, Deputy Speaker, and other officers; in case of death, removal, resignation, or permanent disability/legal incapacity of Speaker, Deputy Speaker acts until new Speaker elected (Article VII, Section 23).
  • The Speaker/Deputy Speaker/presiding officer shall secure Parliament’s honor and dignity; ensure members’ rights and privileges; and assure public access to proceedings of Parliament and its committees (Article VII, Section 24).
  • Parliament rules: each bill must embrace only one subject expressed in title; bills require three (3) readings on separate days and printed copies distributed to members three (3) days before passage, except when Chief Minister certifies immediate enactment necessity to meet public calamity or emergency; after passage, bill is presented to Chief Minister who must sign within thirty (30) days or the bill becomes a law as if signed; Speaker must submit certified true copies of laws/resolutions to President and Congress within ten (10) working days from approval; Parliament rules/amendments become effective fifteen (15) days after complete publication in a regional newspaper of general circulation (Article VII, Section 25).
  • Quorum and proceedings: majority of all members constitutes quorum; Parliament may adjourn day-to-day and compel attendance with penalties it provides; Parliament may punish members for disorderly behavior and suspend/expel with concurrence of two-thirds, and suspension may not exceed sixty (60) days; Parliament keeps and publishes a Journal of proceedings except parts affecting national/regional security; record of proceedings is kept; yeas and nays on any question must be entered into Journal upon request of one-fifth of members present (Article VII, Section 26).
  • Appropriations: no public money, including block grant and lump sum national government subsidies/support funds, may be spent without an appropriations law clearly defining the purpose; Parliament shall pass an annual appropriations law (Article VII, Section 27).
  • Budget preparation form/content/manner is prescribed by a law enacted by Parliament consistent with existing national laws, rules, and regulations; Parliament creates a Bangsamoro Budget Office (Article VII, Section 28).
  • If Parliament fails to pass the Bangsamoro appropriations bill by end of fiscal year, prior year Bangsamoro appropriations law is deemed reenacted and remains in force until a new bill is passed, but only annual appropriations for salaries and wages of existing positions, statutory and contractual obligations, and authorized operating expenses are deemed reenacted and disbursement follows accordingly (Article VII, Section 29).

Chief Minister, Cabinet, and parliamentary discipline

  • The Chief Minister must be a Parliament member, a natural-born citizen, and at least twenty-five (25) years old on election day (Article VII, Section 30).
  • Chief Minister is elected by majority vote of all Parliament members on first day of session following Parliament election; if no majority in first round, a runoff election is held between the top two (2) candidates by votes cast (Article VII, Section 31).
  • The Chief Minister:
    • heads the Bangsamoro Government;
    • appoints heads of ministries/agencies/bureaus/offices and other officers of Bangsamoro-owned or controlled corporations/entities with original charters;
    • appoints other officers as provided by Parliament;
    • formulates a government platform subject to Parliament approval;
    • issues executive orders and policies;
    • represents Bangsamoro Government;
    • proclaims a state of calamity for typhoons, flash floods, earthquakes, tsunamis, or other natural or man-made calamities causing widespread damage or destruction to life or property in the region;
    • exercises other inherent powers/functions (Article VII, Section 32).
  • The Wali administers the oath of office of the Chief Minister and all Parliament members upon their election (Article VII, Section 33).
  • The Chief Minister is 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 (Article VII, Section 34).
  • There are two (2) Deputy Chief Ministers, nominated by the Chief Minister and elected by Parliament (**Article VII

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