Law Summary
Name and Purpose
- Establishes the political entity as the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).
- Purpose: To establish the BARMM government recognizing the just cause and aspirations for self-governance within Philippine sovereignty and constitution.
Bangsamoro Identity
- Defines Bangsamoro people as original inhabitants at the advent of Spanish colonization.
- Provides for official symbols: flag, emblem, and hymn, alongside the Philippine flag and anthem.
Territorial Jurisdiction
- Bangsamoro territory includes land and waters integral to Philippine national territory.
- Specific geographic composition includes current Autonomous Region in Muslim Mindanao, selected municipalities and barangays in Lanao del Norte and North Cotabato, Cotabato City, Isabela City in Basilan, and areas petitioning for inclusion.
- Inland waters management vested in Bangsamoro Government.
- Municipal and regional waters extend 15km and 19km respectively, with specific boundary rules between local government units.
- Constituent units include provinces, cities, municipalities, barangays, and covered geographic areas.
General Principles and Policies
- Territorial integrity and allegiance to the Republic of the Philippines are affirmed.
- Bangsamoro pursues self-governance over political, economic, social, and cultural development.
- Establishes parliamentary form of democratic government.
- Civilian government supremacy over military is guaranteed.
- Promotes unity, peace, social justice, adherence to international treaties, and respect for non-Moro indigenous peoples and freedom from discrimination.
Powers of Government
- Powers not granted to Bangsamoro remain with the National Government.
- Bangsamoro Government empowered with autonomous authority over extensive matters including justice administration, natural resources, budgeting, education, culture, health, human rights, labor, environment, economic zones, and infrastructure.
- Ensures the promotion of general welfare through exercises of granted and implied powers.
Intergovernmental Relations
- The President exercises general supervision and may suspend the Chief Minister for constitutional violations.
- Creation of various intergovernmental bodies for coordination: Intergovernmental Relations Body, Congress-Parliament Forum, Fiscal Policy Board, Zones Joint Cooperation Body, Infrastructure Development Board, Energy Board, and Sustainable Development Board.
- Establishment of a Council of Leaders to advise the Chief Minister, representing various sectors.
- Bangsamoro Government regulates constituent local government units with protection of existing local government privileges.
- Bangsamoro representation ensured in national agencies implementing programs within the region.
- Programs for Bangsamoro communities outside the autonomous region are provided.
Bangsamoro Government
- Seat of government fixed by Parliament within BARMM.
- Parliament vested with legislative power; the Chief Minister exercises executive authority.
- Parliament consists of 80 members elected by party-list, parliamentary districts, and reserved/sectoral representatives ensuring representation of non-Moro indigenous peoples, settlers, women, youth, and traditional leaders.
- Election qualifications, procedures, term limits, salaries, and conflict of interest rules are enumerated.
- Parliament enacts laws, conducts inquiries, and manages appropriations.
- Executive authority carried by Cabinet led by the Chief Minister and two Deputy Chief Ministers from different subregions.
- Procedures for dissolution of Parliament upon vote of no confidence outlined.
Bangsamoro Bureaucracy and Electoral Office
- Bangsamoro has authority to organize bureaucracy and enact civil service laws consistent with national standards.
- Commission on Elections to establish a Bangsamoro Electoral Office.
- Public officers required to maintain accountability, integrity, and ethical standards.
Wali
- Ceremonial head of the Bangsamoro Government.
- Selection based on consensus by Parliament and Council of Leaders; must meet specified qualifications.
- Performs ceremonial duties like opening sessions, administering oaths, dissolving Parliament on advice, and public ceremonies.
- Wali holds office for six years or three years for the first appointee.
- Grounds for removal include failure to dissolve Parliament after no-confidence vote and criminal convictions.
Basic Rights
- Enacts transitional justice mechanisms to address historical injustices and human rights violations.
- Provides reparations for unjust dispossession with respect for Torrens titles.
- Recognizes indigenous peoples' rights including ancestral domain, customs, political participation, and free, prior, and informed consent.
- Guarantees freedom from discrimination and religious freedom.
- Establishes Bangsamoro Human Rights Commission with prescribed qualifications and functions.
Social Justice
- Guarantees access to basic services including health, education, livelihood, housing, power, water, and disaster preparedness.
- Ensures rights of labor, women's representation and protection, youth development, children's rights, and protection and welfare of settler communities.
- Mandates creation of commissions for women and youth.
Education
- Prioritizes integrated quality education as subsystem of national system.
- Strengthens Madaris system and Arabic/Islamic studies.
- Creates a tribal university system for indigenous peoples.
- Develops programs for physical education, sports, and established a sports commission.
Science, Technology and Health
- Emphasizes science and technology as essential to development with wide sector participation.
- Enacts policies for comprehensive health service delivery, quarantine, and health consciousness.
- Provides support for persons with special needs, senior citizens, and disadvantaged groups.
Arts and Culture
- Preserves history, culture, arts, and heritage of Bangsamoro and indigenous peoples.
- Establishes Bangsamoro Commission for Cultural Heritage with roles for coordination, museums, and historical site management.
- Transfers management of relevant cultural sites from National Government upon establishment.
Bangsamoro Justice System
- Administered in accordance with Bangsamoro cultural heritage, Shari'ah law applicable to Muslims, and traditional tribal laws for indigenous peoples.
- Shari'ah courts form part of the Philippine judicial system under Supreme Court supervision.
- Defines jurisdictions of Shari'ah Circuit, District, and High Courts with qualifications and composition of judges.
- Provides special bar examination for Shari'ah law practice.
- Parliament empowered to legislate on Shari'ah personal, civil, and criminal laws.
- Supports traditional or tribal justice systems respecting indigenous practices.
- Alternative dispute resolution mechanisms prioritized.
National Defense, Security and Public Order
- National Government responsible for defense and security.
- Philippine National Police creates a regional office under direct national supervision with procedural adjustments to include MILF and MNLF members.
- National Police Commission and other agencies establish regional offices in Bangsamoro for police oversight.
- Bureau of Jail Management, Fire Protection, and Coast Guard establish regional offices under national control.
Fiscal Autonomy
- Bangsamoro Government granted fiscal autonomy to establish revenue sources and budgets.
- Commission on Audit serves as exclusive auditor; Bangsamoro establishes internal audit body.
- Bangsamoro Treasury Office created; local government finance coordinated.
- Sources of revenue include taxes, fees, block grants, shares in natural resources, dividends, grants, loans, and others.
- Tax powers include levying taxes with principles of uniformity and equity, prohibitions against confiscatory taxes.
- Specific limitations on taxing powers enumerated; exceptions allowed for some taxes with sharing.
- Annual block grant provided from national revenues, automatically appropriated, with allocation priorities.
- Provisions for loans, bonds, official development assistance, and fiscal transparency.
- Government-owned corporations establishment and management coordinated between National and Bangsamoro Governments.
Regional Economy and Patrimony
- Economic development based on social justice, sustainability, and comprehensive planning.
- Establishes Bangsamoro Economic and Development Council for integrated planning.
- Gender and development, participation in national planning, disaster risk management, and climate adaptation emphasized.
- Powers over natural resources, nature reserves, protected areas, and co-management of fossil fuels detailed.
- Laws for indigenous peoples' rights over natural resources and revenues mandated.
- Mining and small-scale mining regulated for environmental protection.
- Urban land reform and cadastral surveys coordinated with National Government.
- Zones of Joint Cooperation in maritime areas created with joint management bodies.
- Responsibilities over inland waters management specified.
- Policies on agriculture, fisheries, cooperative enterprises, trade, industry, tourism, and halal certification detailed.
- Authority over banks, Islamic finance, and financial institutions.
- Authority for energy generation, promotion of sustainable energy, private and public investments, powers over power utilities, and coordination with National Government.
- Public works and infrastructure maintenance funded and coordinated.
- Transportation and telecommunication regulation within Bangsamoro territorial jurisdiction.
Rehabilitation and Development
- Bangsamoro Government implements rehabilitation programs for conflict-affected populations.
- National Government provides special development fund totaling fifty billion pesos over ten years.
Plebiscite
- Establishment of Bangsamoro Autonomous Region effective upon plebiscite ratification with rules for territorial coverage.
- Plebiscite conducted not earlier than 90 days, not later than 150 days after law