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COMPARATIVE MATRIX ON THE BANGSAMORO BASIC LAW

BANGSAMORO BASIC LAW


16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)

“AN ACT AN ACT AN ACT


PROVIDING FOR THE BASIC LAW FOR THE PROVIDING FOR THE BASIC LAW FOR THE PROVIDING FOR THE BASIC LAW FOR THE
BANGSAMORO AUTONOMOUS REGION AND BANGSAMORO AUTONOMOUS REGION AND BANGSAMORO AND ABOLISHING THE
ABOLISHING THE AUTONOMOUS REGION ABOLISHING THE AUTONOMOUS REGION AUTONOMOUS REGION IN MUSLIM
IN MUSLIM MINDANAO, REPEALING FOR IN MUSLIM MINDANAO, REPEALING FOR MINDANAO, REPEALING FOR THE PURPOSE
THE PURPOSE REPUBLIC ACT NO. 9054, THE PURPOSE REPUBLIC ACT NO. 9054, REPUBLIC ACT NO. 9054, ENTITLED “AN
ENTITLED “AN ACT TO STRENGTHEN AND ENTITLED “AN ACT TO STRENGTHEN AND ACT TO STRENGTHEN AND EXPAND THE
EXPAND THE ORGANIC ACT FOR THE EXPAND THE ORGANIC ACT FOR THE ORGANIC ACT FOR THE AUTONOMOUS
AUTONOMOUS REGION IN MUSLIM AUTONOMOUS REGION IN MUSLIM REGION IN MUSLIM MINDANAO,” AND
MINDANAO,” AND REPUBLIC ACT NO. MINDANAO,” AND REPUBLIC ACT NO. REPUBLIC ACT NO. 6734, ENTITLED “AN
6734, ENTITLED “AN ACT PROVIDING FOR 6734, ENTITLED “AN ACT PROVIDING FOR ACT PROVIDING FOR AN ORGANIC ACT FOR
AN ORGANIC ACT FOR THE AUTONOMOUS AN ORGANIC ACT FOR THE AUTONOMOUS THE AUTONOMOUS REGION IN MUSLIM
REGION IN MUSLIM MINDANAO,” AND FOR REGION IN MUSLIM MINDANAO,” AND FOR MINDANAO,” AND FOR OTHER PURPOSES
OTHER PURPOSES” OTHER PURPOSES

Be it enacted by the Senate and House of Be it enacted by the Senate and the House of Be it enacted by the Senate and the House of
Representatives of the Philippines in Congress Representatives of the Philippines in Congress Representatives of the Philippines in Congress
assembled: assembled: assembled:

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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)

PREAMBLE PREAMBLE
We, the Bangsamoro people and other We, the Bangsamoro people and other
inhabitants, imploring the aid of the Almighty, inhabitants, imploring the aid of the Almighty,
aspiring to establish an enduring peace on the aspiring to establish an enduring peace on the
basis of justice, balanced society, and basis of justice, balanced society, and asserting
asserting our right to conserve and develop our right to conserve and develop our patrimony;
our patrimony; reflective of our system of life reflective of our system of life as prescribed by
in harmony with our faith, customary laws, our faith, and in harmony with our customary
cultures, and traditions; laws, cultures and traditions;

In consonance with the Constitution and In consonance with the Constitution and the
the accepted principles of human rights, accepted principles of human rights, liberty,
liberty, justice, democracy, and the norms and justice, democracy, and the norms and
standards of international law; standards of international law;

Affirming our distinct historical identity Affirming our distinct historical identity and
and birthright to our ancestral homeland and birthright to our ancestral homeland and our
our right to self-determination, to chart our right to self-determination, to chart our political
political future through a democratic process future through a democratic process that will
that will secure our identity and prosperity, secure our identity and prosperity, and allow for
and allow for genuine and meaningful self- genuine and meaningful self-governance as
governance as stipulated in the stipulated in the Comprehensive Agreement on
Comprehensive Agreement on the Bangsamoro the Bangsamoro (CAB);
(CAB);
With the blessing of the Almighty, do With the blessing of the Almighty, do hereby
hereby promulgate this Bangsamoro promulgate this Bangsamoro Basic Law as the

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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
Autonomous Region Basic Law as the fundamental law of the Bangsamoro that
fundamental law of the Bangsamoro that establishes our asymmetrical political
establishes our asymmetrical political relationship with the Central Government on the
relationship with the National Government on principles of subsidiarity and parity of esteem.
the principles of subsidiarity and parity of
esteem.
ARTICLE I Article I Article I
NAME AND PURPOSE NAME AND PURPOSE NAME AND PURPOSE
Section 1. Short Title. – This law shall be
SECTION 1. Short Title. – This law known and cited as the “Bangsamoro Basic
SEC. 1. Short Title.– This law shall be known shall be known and cited as the “Bangsamoro Law.”
and cited as the “Basic Law for the Autonomous Region Basic Law.”
Bangsamoro Autonomous Region”.
SEC. 2. Name. – The name of the political SEC. 2. Name. – The name of the Section 2. Name. – The name of the political
subdivision under this Basic Law shall be the political entity under this Basic Law shall be entity under this Basic Law shall be the
Bangsamoro Autonomous Region. the Bangsamoro Autonomous Region. Bangsamoro.

As used in this law, the “Bangsamoro


Autonomous Region” is the political
subdivision created by the Bangsamoro Basic
Law which is an Autonomous Region as
provided in Sec. 15, Article X of the 1987
Philippine Constitution, with the powers and
functions as provided under this law and other
related laws. The Bangsamoro Autonomous
Region forms an inalienable part of the
Philippines.
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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
SEC. 3. Purpose. – The purpose of this Basic SEC. 3. Purpose. – The purpose of this Section 3. Purpose. – The purpose of this Basic
Law is to establish the Bangsamoro Basic Law is to establish the Bangsamoro Law is to establish a political entity, provide for
Autonomous Region in accordance with the Autonomous Region, provide for its basic its basic structure of government in recognition
provisions of the 1987 Philippine Constitution structure of government in accordance with of the justness and legitimacy of the cause of the
and the aspirations of the Muslim Filipinos the provisions of the 1987 Constitution in Bangsamoro people and their aspiration to chart
and all indigenous cultural communities for recognition of the justness and legitimacy of their political future through a democratic
local self-governance. the cause of the Bangsamoro people, and the process that will secure their identity and
aspiration of Muslim Filipinos and all posterity and allow for meaningful self-
indigenous cultural communities for governance.
meaningful self-governance.

ARTICLE II Article II Article II


BANGSAMORO IDENTITY BANGSAMORO IDENTITY BANGSAMORO IDENTITY
SEC. 4. Bangsamoro People. – Those who at SEC. 4. Bangsamoro People. – Those Section 1. Bangsamoro People. – Those who,
the time of conquest and colonization of the who, at the time of the conquest and at the advent of the Spaniards, were considered
Philippines by the Spaniards considered colonization of the Philippines by the natives or original inhabitants of Mindanao and
themselves natives or original inhabitants of Spaniards, were considered natives or original the Sulu archipelago and its adjacent islands
Mindanao, whether of mixed or of full blood: inhabitants of Mindanao including Palawan, including Palawan, and their descendants,
Provided, That the foregoing profess the faith whether of mixed or of full blood, shall have whether of mixed or of full blood, shall have the
of Islam shall have the right to identify the right to identify themselves as right to identify themselves as Bangsamoro by
themselves as Bangsamoro. Spouses and their Bangsamoro. Spouses and their descendants ascription or self-ascription. Spouses and their
descendants, at their option, shall also be part may likewise identify themselves as descendants are classified as Bangsamoro.
of Bangsamoro Autonomous Region. This Bangsamoro.
provision shall not in any way derogate from
the provisions of Article IV of the 1987
Philippine Constitution.

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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
SEC. 5. Non-Moro Indigenous Cultural SEC. 5. Rights of Indigenous Peoples Section 2. Freedom of Choice. – The freedom
Communities – The rights of Non-Moro and Indigenous Cultural Communities. – of choice of other indigenous peoples shall be
Indigenous Cultural Communities as provided The freedom of choice of members of respected. There shall be no discrimination on
for in the Republic Act (RA) No. 8371 or the Indigenous Peoples and Indigenous Cultural the basis of identity, religion, and ethnicity.
Indigenous Peoples Rights Act (IPRA) of 1997 Communities shall be respected and shall in
and other related laws shall in no way be no way be impaired, diluted, or diminished.
impaired, diluted or diminished, even when There shall be no discrimination on the basis
such Non-Moro Indigenous Cultural of identity, religion, and ethnicity.
Communities are situated within the confines
of the Bangsamoro Autonomous Region.
SEC. 6. Bangsamoro Symbol. – The SEC. 6. Bangsamoro Symbol. – The Section 3. Bangsamoro Symbol. – The
Bangsamoro Parliament shall adopt the official Bangsamoro Parliament shall adopt the official Bangsamoro Parliament shall adopt the official
flag, emblem, administrative seal, and anthem flag, emblem, and anthem of the Bangsamoro flag, emblem, and anthem of the Bangsamoro.
of the Bangsamoro Autonomous Region. Autonomous Region.
SEC. 7. Traditional Islamic Institutions –
The prerogatives enjoyed by traditional Islamic
institutions such as the sultanates shall be
maintained; the lawful representatives of such
institutions shall be consulted by the
legislature and the executive in matters
relating to the enactment and the
implementation of law for the Bangsamoro
Autonomous Region; such institutions shall,
without need of invitation or request or
summons, have the right to submit position
papers, memoranda and proposals to
Congress and to the Executive.

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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
ARTICLE III
GEOGRAPHICAL AREA OF THE
BANGSAMORO AUTONOMOUS REGION
SEC. 8. Definition of Geographical Area of the
Bangsamoro Autonomous Region –
Geographical area refers to the land mass as
well as the waters over which the Bangsamoro
Autonomous Region has jurisdiction. The area
of the Bangsamoro Autonomous Region shall
remain a part of the Philippines.

SEC. 9. Geographical Area Of The Bangsamoro


Autonomous Region – The geographical area of
the Bangsamoro Autonomous Region shall be
composed of:
a. the present geographical area of the
Autonomous Region In Muslim Mindanao
(ARMM);
b. the cities of Cotabato and Isabela; and
c. any province or city which are contiguous
and outside the geographical area of the
present ARMM where there is resolution
of the local government unit or a petition
of at least ten percent (10%) of the
registered voters in the area asking for
their inclusion at least two months prior
to the conduct of a plebiscite of the Basic

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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
Law for the Bangsamoro Autonomous
Region and the process of delimitation of
the Bangsamoro geographical area.
In order to ensure the widest acceptability of
the Basic Law of Bangsamoro Autonomous
Region in the geographical areas above-
mentioned, a plebiscite shall be conducted for
this purpose in the political subdivision
directly affected.

Article III Article III


TERRITORIAL JURISDICTION TERRITORY
Section 1. Definition of Territory - Territory
SEC. 7. Territorial Jurisdiction. – refers to the land mass as well as the maritime,
Territorial Jurisdiction of the Bangsamoro terrestrial, fluvial and alluvial domains, and the
Autonomous Region refers to the land mass as aerial domain above it. The Bangsamoro
well as the waters and aerial domain above it territory shall remain a part of the Philippines.
over which it has jurisdiction. The
Bangsamoro Autonomous Region shall remain
a part of the Philippines.

SEC. 8. Core Territory – The core Section 2. Core Territory – The core territory of
territory of the Bangsamoro shall be composed the Bangsamoro shall be composed of:
of:
1) The present geographical area of the 1) the present geographical area of the
Autonomous Region in Muslim Autonomous Region in Muslim
Mindanao (ARMM); Mindanao;

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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)

2) the Municipalities of Baloi, Munai,


Nunungan, Pantar, Tagoloan and
Tangkal in the province of Lanao del
Norte and all other barangays in the
Municipalities of Kabacan, Carmen,
Aleosan, Pigkawayan, Pikit, and
Midsayap that voted for inclusion in the
Autonomous Region in Muslim Mindanao
during the 2001 plebiscite;

2) The Cities of Cotabato and Isabela; and 3) the cities of Cotabato and Isabela; and

3) All other provinces or cities contiguous 4) all other contiguous areas where there is
and are outside of the geographical area resolution of the local government unit or
of the present ARMM where, at least two a petition of at least ten percent (10%) of
months prior to the conduct of the the registered voters in the area asking
plebiscite of this Basic Law, there is for their inclusion at least two months
resolution of the local government unit prior to the conduct of the ratification of
or a petition of at least ten percent (10%) this Basic Law and the process of
of the registered voters in the concerned delimitation of the Bangsamoro.
local government unit asking for their
inclusion.

In order to ensure the widest In order to ensure the widest acceptability of


acceptability of this Basic Law in the this Basic Law in the core areas above-
geographical areas above-mentioned, a mentioned, a popular ratification shall be

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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
popular ratification shall be conducted among conducted among all the Bangsamoro within the
all the Bangsamoro or inhabitants within the areas for their adoption.
areas for their adoption.

Section 3. Contiguous Territory – Contiguous


provinces, cities, municipalities, barangays, and
geographic areas, other than those mentioned in
the preceding Section, that obtain majority of
the qualified votes cast in the periodic
plebiscites, as provided under Article XV,
Section 4, of this Basic Law shall become part of
the Bangsamoro.

SEC. 9. Inland Waters. – All inland Section 4. Inland Waters. – All inland waters,
waters, such as lakes, rivers, river systems, such as lakes, rivers, river systems, and streams
and streams within the Bangsamoro territory within the Bangsamoro territory shall be part of
shall be part of the Bangsamoro. The the Bangsamoro. The preservation and
preservation and management thereof shall be management thereof shall be under the
under the jurisdiction of the Bangsamoro jurisdiction of the Bangsamoro Government.
Autonomous Region government.

SEC. 10. Bangsamoro Autonomous Region SEC. 10. Bangsamoro Autonomous Section 5. Bangsamoro Waters – The
Waters – The Bangsamoro Autonomous Region Waters. – The Bangsamoro waters, in Bangsamoro waters, in the Sulu Sea and Moro
Region Waters shall extend up to 22.224 the Sulu Sea and the Moro Gulf, shall extend Gulf, shall extend up to 22.224 kilometers (12
kilometers (12 nautical miles) from the low- up to 22.224 kilometers (12 nautical miles) nautical miles) from the low-water mark of the
water mark of the coasts that are part of the from the low-water mark of the coasts that are coasts that are part of the Bangsamoro territory.
Bangsamoro geographical area. Nothing in this part of the Bangsamoro Autonomous Region. The Bangsamoro waters shall be part of the
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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
Section shall diminish the powers, functions, territorial jurisdiction of the Bangsamoro
rights and privileges already enjoyed by the political entity.
municipalities over their municipal waters as
provided under RA No. 7160 also known as
the Local Government Code of 1991, and RA
No. 8550, otherwise known as the Philippine
Fisheries Code of the Philippines.

Where a constituent local government unit of Where a constituent local government unit of Where a constituent local government unit of the
the Bangsamoro Autonomous Region and an the Bangsamoro Autonomous Region and an Bangsamoro and an adjoining local government
adjoining local government unit are so adjoining local government unit are so unit are so situated on the opposite shores such
situated on the opposite shores such that situated on the opposite shores such that that there is thirty (30) kilometers of waters or
there is thirty (30) kilometers of waters or less there is thirty (30) kilometers of waters or less less between them, a line equally distant from
between them, a line equally distant from the between them, a line equally distant from the the opposite shores shall be drawn to demarcate
opposite shores shall be drawn to demarcate opposite shores shall be drawn to demarcate the Bangsamoro waters and the municipal
the Bangsamoro Autonomous Region waters the Bangsamoro Autonomous Region waters waters of the adjoining local government unit.
and the municipal waters of the adjoining local and the municipal waters of the adjoining local
government unit. government unit.

Should they be so situated that there is more Should they be so situated that there is more Should they be so situated that there is more
than thirty (30) kilometers but less than 37 than thirty (30) kilometers but less than than thirty (30) kilometers but less than 37.224
kilometers of waters between them, a line shall 37.224 kilometers of waters between them, a kilometers of waters between them, a line shall
be drawn at the edge of the 15 kilometers line shall be drawn at the edge of the 15 be drawn at the edge of the 15 kilometers
municipal waters of the adjoining local kilometers municipal waters of the adjoining municipal waters of the adjoining local
government unit to demarcate it from the local government unit to demarcate it from the government unit to demarcate it from the
Bangsamoro Autonomous Region waters. Bangsamoro waters. Bangsamoro waters.

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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
Ten (10) years after the passage of this Basic Ten years after the passage of this Basic Law,
Law, the National Government and the the Central Government and the Bangsamoro
Bangsamoro Regional Government shall Government shall discuss the enhancement of
discuss the improvement of the Bangsamoro the area of the Bangsamoro waters through the
Autonomous Region waters through the necessary processes and modalities.
necessary processes and modalities.

SEC. 11. Constituent Units. – The Section 6. Constituent Units. – The provinces,
provinces, cities, municipalities and barangays cities, municipalities, barangays, and
shall be the constituent units of the geographical areas within its territory shall be
Bangsamoro Regional Government. the constituent units of the Bangsamoro.

Section 7. Collective Democratic Rights of


the Bangsamoro People. - The collective rights
of the constituents of the Bangsamoro shall be
recognized.

ARTICLE IV Article IV Article IV


GENERAL PRINCIPLES AND POLICIES GENERAL PRINCIPLES AND POLICIES GENERAL PRINCIPLES AND POLICIES

SEC. 12. Self-Governance. Within its SEC. 11. Self-Governance. – In the Section 1. Self-Governance. In the exercise of
territorial geographical area and subject to the exercise of its right to self-determination and its right to self-determination and self-
provisions of the 1987 Philippine Constitution self-governance, the Bangsamoro Regional governance, the Bangsamoro is free to pursue its
and national laws, the Bangsamoro Regional Government is free to pursue its political, political, economic, social, and cultural
Government in the exercise of its right to self- economic, social, and cultural development. development.
governance is free to pursue its economic,
social and cultural development.
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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)

SEC. 13. Democratic Political System. The SEC. 12. Democratic Political System. – Section 2. Democratic Political System. – The
Bangsamoro Regional Government shall be The Bangsamoro Regional Government shall Bangsamoro Government shall be
Parliamentary. Its political system is be Parliamentary. Its political system is parliamentary. Its political system is democratic,
democratic, allowing its people to freely democratic, allowing its people to freely allowing its people to freely participate in the
participate in the political processes within its participate in the political processes within its political processes within its territory.
geographical area. territory.

SEC. 14. Electoral System. - The Bangsamoro SEC. 13. Electoral System. – The Section 3. Electoral System - The Bangsamoro
Regional Government shall adopt an electoral Bangsamoro Regional Government, consistent Government, consistent and suitable to its
system suitable to a Parliamentary form of and suitable to its Parliamentary form of parliamentary form of government, shall adopt
government, which shall allow democratic government, shall adopt an electoral system an electoral system which shall allow democratic
participation, encourage formation of which shall allow democratic participation, participation, encourage formation of genuinely
genuinely principled political parties, and encourage formation of genuinely principled principled political parties, and ensure
ensure accountability. political parties, and ensure accountability. accountability.

SEC. 14. Civilian Government. – Section 4. Civilian Government. Governance


Governance in the Bangsamoro Autonomous in the Bangsamoro is the responsibility of the
Region is the responsibility of the duly elected duly elected civilian government. Civilian
civilian government. Civilian authority is, at all authority is, at all times, supreme over the
times, supreme over the military. military.

SEC. 15. Promotion Of Unity. The SEC. 15. Promotion of Unity. – The Section 5. Promotion of Unity. The
Bangsamoro Regional Government shall Bangsamoro Regional Government shall Bangsamoro Government shall promote unity,
promote unity, peace, justice, and goodwill promote unity, peace, justice, equality, peace, justice, and goodwill among all peoples,
among all peoples, as well as encourage a just freedom, cooperation, and goodwill among all as well as encourage a just and peaceful
and peaceful settlement of disputes. peoples, as well as encourage a just and settlement of disputes.
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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
peaceful settlement of disputes.
The Bangsamoro Regional Government The Bangsamoro abides by the principle that the
renounces war as an instrument of national country renounces war as an instrument of
policy, adopts the generally accepted national policy, adopts the generally accepted
principles of international law as part of the principles of international law as part of the law
law of the land and adheres to the policy of of the land, and adheres to the policy of peace,
peace, equality, justice, freedom, cooperation, equality, justice, freedom, cooperation, and
and amity with all nations. amity with all nations.

Section 6. Promotion of Right. - The


Bangsamoro shall adhere to the principle of
enjoining what is right and forbidding what is
wrong.

SEC. 16. Social Justice. - The Bangsamoro SEC. 16. Social Justice. – The Section 7. Social Justice. - The Bangsamoro
Regional Government shall enact measures Bangsamoro Regional Government shall shall establish a government that ensures that
that protect and enhance the right of all promote social justice in all phases of every citizen in the Bangsamoro is provided the
people to human dignity, reduce social, development and facets of life within the basic necessities and equal opportunities in life.
economic and political inequalities, and Bangsamoro, including the provision of basic Social Justice shall be promoted in all phases of
remove cultural inequities by equitably necessities to its constituents and the creation development and facets of life within the
diffusing wealth and political power for the of equal economic opportunities in life for the Bangsamoro.
common good for its constituents. enjoyment of all its constituents.

SEC. 17. International Treaties And SEC. 17. International Treaties and Section 8. International Treaties and
Agreements. - The Bangsamoro Regional Agreements. – The Bangsamoro Regional Agreements. - The Bangsamoro Government
Government shall respect and adhere to all Government shall respect and adhere to all shall respect and adhere to all international
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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
international treaties and agreements binding international treaties and agreements binding treaties and agreements which benefited the
upon the National Government. upon the National Government. Bangsamoro Government.

ARTICLE V Article V Article V


POWERS OF GOVERNMENT POWERS OF GOVERNMENT POWERS OF GOVERNMENT

SEC. 19. Reserved Powers. – Reserved SEC. 18. Reserved Powers. – Reserved Section 1. Reserved Powers. – Reserved powers
powers are matters over which authority and powers are matters over which authority and are matters over which authority and
jurisdiction are retained by the National jurisdiction are retained by the National jurisdiction are retained by the Central
Government. The National Government shall Government. The National Government shall Government. The Central Government shall
exercise the following reserved powers: exercise the following reserved powers: exercise the following reserved powers:
1. national defense, and internal and 1) National defense and external security; 1) Defense and external security;
external security;
2. foreign affairs; 2) Foreign affairs; 2) Foreign policy;
3. currency and policy direction in the areas 3) Coinage, monetary, credit, and banking 3) Coinage and Monetary Policy;
of money, credit and banking; policy;
4. postal service; 4) Postal service; 4) Postal service;
5. citizenship and naturalization; 5) Citizenship and naturalization; 5) Citizenship and naturalization;
6. immigration and deportation; 6) Immigration and deportation; 6) Immigration;
7. customs and tariff laws as qualified by 7) Customs and tariff laws as qualified by 7) Customs and tariff as qualified by Section
Sec. 20 (8), Article V of this Basic Law; Section 19 (10), of this Basic Law; 2(10), Article V of this Basic Law;
8. common market and global trade: 8) Common market and global trade; 8) Common market and global trade,
Provided, That the power to enter into Provided, That the power to enter into provided that the power to enter into
economic agreements given to the ARMM economic agreements given to the ARMM economic agreements given to the
under RA No. 9054 is hereby transferred under Republic Act (R.A.) No. 9054 is Autonomous Region in Muslim Mindanao
to the Bangsamoro Regional Government hereby transferred to the Bangsamoro under R.A. 9054 is hereby transferred to

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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
as provided in Article XI, Section 146 of Regional Government as provided in the Bangsamoro Government as provided
this Basic Law; Section 162 of this Basic Law; in Article XII, Section 27 of this Basic
Law; and
9. intellectual property rights; 9) Intellectual property rights; and 9) Intellectual property rights.
10. supervision over banks and non-banks 10) All other powers, functions, and
financial institutions under the responsibilities not granted by the 1987
jurisdiction of the Bangko Sentral ng Constitution or by law to autonomous
Pilipinas (BSP); regions.

11. free ports. – The Bangsamoro Regional


Government may establish free ports in
the Bangsamoro Autonomous Region. The
Bangsamoro Regional Government shall
coordinate with and assist the National
Government on customs, immigration,
quarantine service, and international
commitments. Business and other
enterprises operating within the
Bangsamoro Autonomous Region free
ports shall be entitled to the fiscal
incentives and other benefits provided by
the National Government to special
economic zones. The free ports within the
Bangsamoro Autonomous Region shall be
contiguous/adjacent to seaport or airport;
and

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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
12. all other powers, functions and
responsibilities not granted by the 1987
Philippine Constitution or by law to the
autonomous regions.
SEC. 20. Concurrent Powers. - Concurrent SEC. 19. Concurrent Powers. - Concurrent Section 2. Concurrent Powers. - Concurrent
powers shall refer to the powers shared powers shall refer to the powers shared powers shall refer to the powers shared between
between the National Government and the between the National Government and the the Central Government and the Bangsamoro
Bangsamoro Regional Government within the Bangsamoro Regional Government within the Government within the Bangsamoro, as provided
Bangsamoro Autonomous Region, as provided Bangsamoro Autonomous Region, as provided in this Basic Law.
in this Basic Law. in this Basic Law.
Concurrent powers enumerated hereunder
shall be exercised through a system of
consultation, coordination and cooperation
between the National Government and
Bangsamoro Regional Governments.

The National Government and the The National Government and the The Central Government and the Bangsamoro
Bangsamoro Regional Government shall Bangsamoro Regional Government shall Government shall exercise shared powers within
exercise shared powers within the exercise shared powers within the the Bangsamoro on the following matters:
Bangsamoro Autonomous Region on the Bangsamoro Autonomous Region on the
following matters: following matters:

1. Social security and pensions. – The 1) Social security and pensions – The 1. Social security and pensions. – The
Bangsamoro Regional Government may Bangsamoro Government may organize Bangsamoro Government may organize
organize its own social security and its own social security and pension its own social security and pension
pension systems alongside the existing systems alongside the existing National systems alongside the existing Central
National Government social security and Government social security and Government social security and pension

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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
pension systems. pension systems. systems.

The Bangsamoro Regional Government The Bangsamoro Regional Government The Bangsamoro Government and the
and the National Government through and the National Government, through Central Government, through the
consultative processes shall, among the intergovernmental relations intergovernmental relations mechanism,
others, ensure that the investment of the mechanism and other consultative and other consultative processes, shall,
contributions from the members from the processes, shall, among others, ensure among others, ensure that the
Bangsamoro Regional Government in the that the investment of the investment of the contributions from the
National Government social security and contributions from the members from members from the Bangsamoro in the
pensions is responsive to their cultural the Bangsamoro in the National Central Government social security and
and religious sensitivities. Government social security and pensions is responsive to their cultural
pensions is responsive to their cultural and religious sensitivities.
and religious sensitivities.
The future relationship of the Central
Government system with the
Bangsamoro Government system with
respect to new government employees
and other qualified individuals in the
Bangsamoro shall be further provided for
in law duly enacted for the purpose.
2. Quarantine. – There is hereby created 2) Quarantine – There is hereby created 2. Quarantine. – There is hereby created an
an office for quarantine services in the an office for quarantine services in the office for quarantine services in the
Bangsamoro Autonomous Region. It shall Bangsamoro Autonomous Region. It Bangsamoro. It shall cooperate and
coordinate with and assist the National shall cooperate and coordinate with its coordinate with its counterpart offices in
Government. counterpart offices in the National the Central Government.
Government.

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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
3) Land registration – The Bangsamoro 3. Land Registration. – The Bangsamoro
Regional Government, in accordance Government, in accordance with the land
with the land registration system of the registration system of the Central
National Government, shall administer Government, shall administer land
land registration in the Bangsamoro registration in the Bangsamoro territory
Autonomous Region through an office through an office it shall create for this
which may be created for such purpose. The Bangsamoro Government
purpose. The Bangsamoro Regional shall furnish copies of the titles, deeds
Government shall furnish copies of the and other instruments to the relevant
titles, deeds, and other instruments to Central Government agencies. The
the National Government agencies. Bangsamoro Government can act on
consultas.

The Bangsamoro Government may


institute processes to promote more
efficient registration of lands within the
Bangsamoro.

3. Pollution control - The Bangsamoro 4) Pollution control – The National 4. Pollution control – The Central
Regional Government shall coordinate Government and the Bangsamoro Government and the Bangsamoro
with and assist the National Government Regional Government agencies shall Government agencies shall cooperate and
on matters of pollution control and cooperate and coordinate through the coordinate through the
ecological and environmental intergovernmental relations mechanism intergovernmental relations mechanism
preservation. on pollution control matters. on pollution control matters.

4. Human rights and humanitarian 5) Human rights and humanitarian 5. Human rights and humanitarian
protection and promotion. – Subject to the protection and promotion – The protection and promotion. – The

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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
provisions of the 1987 Philippine Bangsamoro Regional Government may Bangsamoro Government may organize
Constitution, the Bangsamoro Regional organize offices for human rights and its own bodies for human rights and
Government may organize its own bodies humanitarian protection and humanitarian protection and promotion
for human rights and humanitarian promotion that will work, coordinate that will work cooperatively with relevant
protection and promotion that will with, and assist the national human national institutions.
coordinate with and assist relevant rights institution.
national institutions.
6) Penology and penitentiary - The National 6. Penology and penitentiary. -- The
Government and the Bangsamoro Central Government and the Bangsamoro
Regional Government institutions shall Government institutions shall cooperate
cooperate and coordinate through the and coordinate through the
intergovernmental relations mechanism intergovernmental relations mechanism
on the matter of granting parole and on the matter of granting parole and
recommending to the President the recommending to the President the grant
grant of executive clemency. The of executive clemency. The Bangsamoro
Bangsamoro Regional Government Government shall create an office that
shall create an office that shall shall administer the parole system and
administer the parole system and recommend the grant of executive
recommend the grant of executive clemency to the Office of the President.
clemency to the President.

The Bangsamoro Government may The Bangsamoro Government may create


create and manage jails, penal and manage jails, penal colonies, and
colonies, and other facilities which other facilities. It shall ensure the
shall be part of the national jail compatibility of these facilities with the
management and penitentiary system. national jail management and
penitentiary system, through the

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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
intergovernmental relations mechanism.
These facilities are understood to be part
of the country’s administration of justice.

5. Auditing. –The Commission on Audit 7) Auditing – The Bangsamoro 7. Auditing. – The Bangsamoro auditing
(COA) shall establish an auditing unit in Autonomous Region auditing unit body shall have auditing responsibility
the Bangsamoro Autonomous Region established by the Commission on over public funds utilized by the
which shall examine, audit and settle all Audit shall have auditing responsibility Bangsamoro, without prejudice to the
accounts pertaining to the revenue and over public funds utilized by the power, authority and duty of the national
receipts of, and expenditures or uses of Bangsamoro Regional Government. The Commission on Audit (COA). The
funds and property, owned or held in Bangsamoro Regional Government Bangsamoro Government shall ensure
trust by, or pertaining to the Bangsamoro shall ensure transparency mechanisms transparency mechanisms consistent
Regional Government. The Bangsamoro consistent with open government with open government practices.
Regional Government shall ensure practices.
transparency and accountability
mechanisms consistent with open
government auditing practices and
generally accepted financial management
principles.

6. Civil service. – The Bangsamoro 8) Civil service – The Bangsamoro Regional 8. Civil Service. – The Bangsamoro
Regional Government shall design and Government shall develop and Government shall develop and administer
implement its own organizational administer a professional civil service a professional civil service corps, to
structure and staffing pattern, taking into corps, to include the powers and include the powers and privileges on civil
consideration its service requirements privileges on civil service matters service matters provided in R.A. No.
and financial capability, subject to the provided in R.A. No. 9054, and without 9054, and without prejudice to the
minimum standards and guidelines prejudice to the power, authority, and power, authority, and duty of the

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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
prescribed by the Civil Service duty of the Civil Service Commission national Civil Service Commission.
Commission (CSC). The CSC shall create (CSC), and shall design and implement
a Bangsamoro Autonomous Regional Civil its own organizational structure and There is hereby created a Bangsamoro
Service Office (BARCSO) and such field staffing pattern, taking into Civil Service office that shall develop and
offices as may be needed in the consideration its service requirements administer a professional civil service
Bangsamoro Autonomous Region that and financial capability, subject to the corps, without prejudice to the power,
shall administer a professional civil minimum standards and guidelines authority and duty of the national Civil
service corps. prescribed by the CSC. Service Commission. The Bangsamoro
Government shall enact a civil service
There is hereby created a Bangsamoro law for this purpose. This law shall
Autonomous Region Civil Service Office govern the conduct of civil servants, the
that shall develop and administer a qualification for non-elective positions,
professional civil service corps. adopt the merit and fitness system, and
protect civil service eligibles in various
government positions, including
government-owned and/or controlled
corporations with original charters, in the
Bangsamoro. The Bangsamoro
Government shall have primary
disciplinary authority over its own
officials and employees.

7. Coastguard. –the National Government 9) Coastguard – The National Government 9. Coastguard. –The Central Government
shall have primary responsibility over shall have primary responsibility over shall have primary responsibility over
coastguard matters. The Bangsamoro coastguard matters. The National coastguard matters. The Central
Regional Government shall coordinate Government and the Bangsamoro Government and the Bangsamoro
with and assist the National Government Regional Government shall cooperate Government shall cooperate and

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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
on all coastguard matters. and coordinate through the coordinate through the
intergovernmental relations mechanism intergovernmental relations mechanism.
on all coastguard matters.

8. Customs and tariff. – The Bangsamoro 10) Customs and tariff laws – The 10. Customs and Tariff. – The Bangsamoro
Regional Government shall exercise its Bangsamoro Regional Government and Government and the Central Government
powers on the regulations and monitoring the National Government shall shall cooperate and coordinate through
of the barter trade and countertrade in cooperate and coordinate through the the intergovernmental relations
the Bangsamoro Autonomous Region. intergovernmental relations mechanism mechanism with regard to the
with regard to the enforcement of enforcement of customs and tariff laws
The Bangsamoro Regional Government customs and tariff laws and regulations and regulations to ensure the effective
shall assist the National Government with to ensure the effective exercise of its exercise of its powers on barter trade and
regard to the enforcement of customs and powers on barter trade and countertrade with ASEAN countries as
tariff laws and regulations and to ensure countertrade with Indonesia, Malaysia, well as the regulation of the entry of
the effective exercise of the powers of the and Brunei as well as the regulation of haram goods in the Bangsamoro
Bangsamoro Regional Government on the entry of haram goods in the territorial jurisdiction.
barter trade and countertrade with Bangsamoro Autonomous Region.
Indonesia, Malaysia or Brunei as well as
the regulation of the entry of haram goods
into the Bangsamoro Autonomous
Region.

9. Administration of justice. – Subject to 11) Administration of justice – 11. Administration of justice. –


the provisions of the 1987 Philippine Administration of justice shall be in Administration of justice shall be in
Constitution and national laws, the accordance with the relevant provisions accordance with the relevant provisions
administration of justice in the of this Basic Law and with due regard of this Basic Law and with due regard to
Bangsamoro Autonomous Region shall be to the powers of the Supreme Court the powers of the Supreme Court and the

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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
in accordance with the relevant and the competence of the Bangsamoro competence of the Bangsamoro
provisions of this Basic Law and with due Shari’ah courts and the Shari’ah Government over Shari’ah courts and the
regard to the powers of the Supreme justice system in the Bangsamoro. The Shari’ah justice system in the
Court and the competence of the application and supremacy of Shari’ah Bangsamoro. The supremacy of Shari’ah
Bangsamoro Regional Government over law shall only be over Muslims. and its application shall only be to
Shari’ah courts and the Shari’ah justice Muslims.
system in the Bangsamoro Autonomous
Region. The supremacy of Shari’ah and
its application shall only pertain to
Muslims.

10. Funding for the maintenance of 12) Funding for the construction and 12. Funding for the maintenance of
national roads, bridges, and irrigation maintenance of national roads, bridges, national roads, bridges, and irrigation
systems. – The National Government shall and irrigation systems – The National systems. – The Central Government
be responsible for the funding, Government shall be responsible for shall be responsible for the funding,
construction and maintenance of national funding the construction and construction, and maintenance of
roads, bridges and irrigation systems in maintenance of national roads, bridges, national roads, bridges and irrigation
the Bangsamoro Regional Government and irrigation systems in the systems in the Bangsamoro, and shall
and shall include in the national road Bangsamoro Autonomous Region, and include in the National Road Network
network information system all national shall include in the National Road Information System all national roads
roads and bridges in the Bangsamoro Network Information System all and bridges in the Bangsamoro. There
Autonomous Region. national roads and bridges in the shall be coordination through the
Bangsamoro Autonomous Region. intergovernmental relations mechanism
The Bangsamoro Regional Government between the relevant Central Government
shall submit proposals to the Department Funding for national roads, bridges, and Bangsamoro Government agencies
of Public Works and Highways (DPWH) and irrigation systems shall be on the Central Government on the matter
and National Irrigation Administration regularly released to the relevant of national roads, bridges, and irrigation

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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
(NIA) for the inclusion of the cost of such department of the National systems within the Bangsamoro.
maintenance in the latter’s budget that Government.
shall be submitted to Congress for The Bangsamoro Government shall
possible inclusion in the General submit proposals to the appropriate
Appropriations Act (GAA). Funding for national government agency for the
national roads, bridges, and irrigation inclusion of the cost of such maintenance
systems shall be regularly released to the in the latter’s budget that shall be
relevant departments of the National submitted to Congress for inclusion in
Government. the General Appropriations Act. Funding
for national roads, bridges, and irrigation
systems shall be regularly released to the
relevant department of the Central
Government.

11. Disaster risk reduction and 13) Disaster risk reduction and management 13. Disaster risk reduction and
management. – There is hereby created a – The Bangsamoro Regional management. – The Bangsamoro
Bangsamoro Autonomous Regional Government shall have primary Government shall have primary
Disaster Risk Reduction and Management responsibility over disaster risk responsibility over disaster risk reduction
Council (BARDRRMC), with powers and reduction and management within the and management within the
functions that shall be defined by the Bangsamoro Autonomous Region. Bangsamoro. There shall be cooperation
Bangsamoro Parliament in a law on There shall be cooperation and and coordination among relevant Central
disaster preparedness and response. The coordination among relevant National Government and Bangsamoro
BARDRRMC shall formulate the Government and Bangsamoro Regional Government agencies on disaster risk
Bangsamoro Autonomous Regional Government agencies on disaster risk reduction and management. There is
Disaster Risk Reduction and Management reduction and management. There is hereby created a Bangsamoro Disaster
Plan, which shall complement and be hereby created a Bangsamoro Risk Reduction and Management Council
aligned with the national disaster risk Autonomous Region Disaster Risk (BDRRMC), with powers and functions

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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
reduction and management framework Reduction and Management Council that shall be defined by the Bangsamoro
and plan of the National Government. (BARDRRMC). The BARDRRMC shall Parliament in a law on disaster
Additionally, the BARDRRMC, through its formulate the Bangsamoro preparedness and response. The
chair, the Chief Minister, may recommend Autonomous Region Disaster Risk BDRRMC shall formulate the
to the President the mobilization of Reduction and Management Plan, Bangsamoro Disaster Risk Reduction and
resources of national defense in times of which shall complement the National Management Plan, which shall
disasters in the Bangsamoro Autonomous Disaster Risk Reduction and complement the National Disaster Risk
Region. Management Framework and Plan of Reduction and Management Framework
the National Government. Additionally, and Plan of the Central Government.
the BARDRRMC, through its Chair, the Additionally, the BDRRMC, through its
Chief Minister, may recommend to the Chair, the Chief Minister, may
President the mobilization of resources recommend to the President the
of national defense in times of disasters mobilization of resources of national
in the Bangsamoro Autonomous defense in times of disasters in the
Region. Bangsamoro.

12. Public order and safety. – The 14) Public order and safety – The Philippine 14. Public order and safety. – The
Philippine National Police (PNP) shall have National Police (PNP) shall have Bangsamoro Government shall have
primary responsibility over public order primary responsibility over public order primary responsibility over public order
and safety within the Bangsamoro and safety within the Bangsamoro and safety within the Bangsamoro. It
Autonomous Region. Autonomous Region. There must be shall have powers over public order and
collaboration and coordination between safety including those related to jail
the Bangsamoro Regional Government management, fire prevention, and
and the Philippine National Police in trainings on public safety. The Central
the maintenance and preservation of Government and the Bangsamoro
peace, order, security and safety in the Government shall cooperate and
autonomous region area. coordinate through the

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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
intergovernmental relations mechanism.
13. Non-Moro ancestral domains/ancestral 15) Protection of the rights of the Indigenous
lands of the Non-Moro indigenous peoples Peoples in the Bangsamoro – In
– The Bangsamoro Regional Government, accordance with the United Nations
in coordination with the National Declaration on the Rights of Indigenous
Government, shall protect the rights and Peoples, and taking into account the
interests of Non-Moro indigenous peoples Indigenous People’s individual and
over their ancestral domains/ancestral communal property rights, cultural
lands. For this purpose, there is hereby integrity, customary beliefs, and
created the Ministry for Non-Moro historical and community traditions,
Indigenous Peoples, which shall be part of the Bangsamoro Parliament shall
the Bangsamoro Cabinet. The Ministry on create an appropriate office for the
Non-Moro Indigenous Peoples shall have Indigenous Peoples, which shall be part
the primary responsibility to formulate of the Bangsamoro Cabinet.
and implement policies, plans, programs
to promote and protect the rights and
well-being of Non-Moro indigenous
peoples, and the recognition of their
ancestral domains/ancestral lands as
well as the rights thereto. Towards this
end, the Ministry shall ensure that the
Non-Moro indigenous peoples shall have
a meaningful participation in all activities
pertinent thereto in accordance with their
own indigenous decision-making
institutions.
The Bangsamoro Regional Government

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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
and the National Government shall
coordinate through existing national laws,
such as RA 8371 or the IPRA of 1997, to
create policies for the identification,
delineation and titling of ancestral
domains/ancestral lands.

14. Islamic banking – The Bangsamoro


Regional Government, in coordination
with Bangko Sentral ng Pilipinas (BSP),
the Department of Finance (DOF), Anti-
Money Laundering Council (AMLC) and
the National Commission on Muslim
Filipinos (NCMF) shall jointly promote
the development of the Islamic banking
system, to include among others the
establishment of a Shari’ah supervisory
board;

15. Health - The National Government


and the Bangsamoro Regional
Government shall coordinate with and
assist each other in the prevention and
control of all diseases including
communicable, non-communicable,
endemic, epidemic and emerging
diseases;

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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)

16. Science and technology;

17. Research councils and scholarships;

18. Libraries, museums, historical, cultural


and archaeological sites. – The
Bangsamoro Regional Government shall
have the power to establish its own
libraries and museums, and declare
historical and cultural sites. With regard
to archaeological sites, the Bangsamoro
Regional Government shall coordinate
with relevant agencies of the National
Government on the regulation,
excavation, preservation, and exportation
of cultural properties, as well as on the
recovery of lost historical and cultural
artifacts;

19. Cadastral land survey. – The


Bangsamoro Regional Government shall
have the authority to conduct cadastral
surveys, lot surveys, and isolated and
special surveys in the Bangsamoro
Autonomous Region. The Bangsamoro
Regional Government shall furnish the

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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
results of these surveys to, and
coordinate with, relevant National
Government agencies to effect inclusion
into national cadastral survey;

20. Environment, parks, forest


management, wildlife, nature reserves and
conservation. – The Bangsamoro Regional
Government shall have the authority to
protect and manage the environment. It
shall have the power to declare nature
reserves and aquatic parks, forests, and
watershed reservations, and other
protected areas in the Bangsamoro
Autonomous Region;

21. Special development programs and


laws for women, the youth, the elderly,
labor, the differently-abled, and
indigenous cultural communities;

SEC. 21. Exclusive or Devolved Powers. - SEC. 20. Exclusive Powers. – Exclusive Section 3. Exclusive Powers. - Exclusive
Within its geographical area and subject to the powers are matters over which authority and powers are matters over which authority and
provisions of the 1987 Philippine Constitution jurisdiction shall pertain to the Bangsamoro jurisdiction shall pertain to the Bangsamoro
and national laws, exclusive powers are Regional Government. The Bangsamoro Government. The Bangsamoro Government
powers devolved to the Bangsamoro Regional Regional Government shall exercise these shall exercise these powers over the following
Government, without prejudice to the general powers over the following matters within the matters within the Bangsamoro:

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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
supervision of the President. The Bangsamoro Bangsamoro Autonomous Region:
Regional Government shall exercise these
powers over the following matters within the
Bangsamoro Autonomous Region:

1. agriculture, livestock and food security; 1) Agriculture, livestock, and food 1) Agriculture, livestock and food security;
security;
2. economic and cultural exchange; 2) Economic and cultural exchange; 2) Economic and cultural exchange;
3) Contract loans, credits, and other 3) Contract loans, credits, and other forms of
forms of indebtedness with any indebtedness with any government or
government or private bank and other private bank and other lending
lending institutions, except those institutions, except those requiring
requiring sovereign guaranty, which sovereign guaranty, which require
require national government approval; Central Government approval;
3. trade, industry, investment, enterprises 4) Trade, industry, investment, 4) Trade, industry, investment, enterprises
and regulation of businesses taking into enterprises and regulation of and regulation of businesses taking into
consideration relevant laws; businesses taking into consideration consideration relevant laws;
relevant laws;

4. labor, employment, and occupation; 5) Labor, employment, and occupation; 5) Labor, employment, and occupation;
5. The Bangsamoro Regional Government 6) Registration of business names in the 6) Registration of business names, with the
shall register business names in the National Registry of Business Names; Bangsamoro Government listing these in
National Registration of Business the Philippine Business Registry for
Names: Provided, That the Bangsamoro business names;
Regional Government shall ensure that
the proposed name is not identical to
those already registered by

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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
aforementioned agencies and that the
name is not deceptively or confusingly
similar to that of any existing or to any
name already protected by law or that
the same is not patently deceptive,
confusing or contrary to existing law;
6. barter trade and countertrade with 7) Barter trade and countertrade with 7) Barter trade and countertrade with
Indonesia, Malaysia or Brunei, subject Indonesia, Malaysia, and Brunei; ASEAN countries;
to existing laws;
7. economic zones and industrial centers; 8) Economic zones and industrial 8) Economic zones and industrial centers;
centers;
9) Free ports which may be established 9) Free ports. – The Bangsamoro Government
by the Bangsamoro Regional may establish free ports in the
Government in the Bangsamoro Bangsamoro. The Bangsamoro
Autonomous Region. The Bangsamoro Government shall cooperate with the
Regional Government shall cooperate Central Government through the
with the National Government intergovernmental relations mechanism
through the intergovernmental on customs, immigration, quarantine
relations mechanism on customs, service, and international commitments.
immigration, quarantine service, and Business and other enterprises operating
international commitments. Business within the Bangsamoro free ports shall
and other enterprises operating within be entitled to the fiscal incentives and
the Bangsamoro Autonomous Region other benefits provided by the Central
free ports shall be entitled to the fiscal Government to special economic zones.
incentives and other benefits provided Bangsamoro free ports shall be
by the National Government to special contiguous/adjacent to seaport or airport
economic zones. Bangsamoro within the Bangsamoro;

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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
Autonomous Region free ports shall
be contiguous or adjacent to a seaport
or airport within the Bangsamoro
Autonomous Region;

8. tourism; 10) Tourism; 10) Tourism;


9. creation of sources of revenue; 11) Creation of sources of revenue; 11) Creation of sources of revenue;
10. budgeting; 12) Budgeting; 12) Budgeting;

13) Establishment of financial and 13) Financial and banking system. – This is
banking system. This is without without prejudice to the power of
prejudice to the power of supervision supervision of the Bangko Sentral ng
and regulation of the Bangko Sentral Pilipinas (BSP) and provided further that
Ng Pilipinas (BSP). The Bangsamoro the Bangsamoro Government, the BSP,
Regional Government in coordination the Department of Finance (DOF), and
and collaboration with the the National Commission on Muslim
Department of Finance, BSP, and the Filipinos (NCMF) shall jointly promote the
National Commission on Muslim development of the Islamic banking
Filipinos (NCMF) shall promote the system, to include among others the
development and establishment of the establishment of a Shari’ah supervisory
Islamic banking and financing system board;
in the autonomous region that are
Shari’ah compliant.
14) Establishment of government-owned 14) Establishment of government-owned
and/or controlled corporations and/or controlled corporations (GOCCS)
(GOCC) and financial institutions. The and financial institutions. – The
Bangsamoro Regional Government Bangsamoro Government shall legislate

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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
shall legislate and implement the and implement the creation of its own
creation of its own GOCCs in the GOCCs in the pursuit of the common
pursuit of the common good, and good, and subject to economic viability.
subject to economic viability. The The GOCCs shall be registered with the
GOCCs shall be registered with the Securities and Exchange Commission or
Securities and Exchange Commission shall be established under legislative
(SEC) or shall be established under charter by the Bangsamoro Government;
legislative charter by the Bangsamoro
Regional Government;

11. The Bangsamoro Regional 15) The Bangsamoro Regional 15) The Bangsamoro Government shall have
Government shall have authority to Government shall have authority to authority to regulate power generation,
regulate power generation, the island- regulate power generation, transmission, and distribution operating
grid, and distribution operating transmission, and distribution exclusively in the Bangsamoro and not
exclusively in the Bangsamoro utilities operating exclusively in the connected to the national transmission
Autonomous Region and not connected Bangsamoro Autonomous Region and grid. It shall promote investments,
to the national transmission grid: not connected to the national domestic and international, in the power
Provided, That any connection to the transmission grid: Provided, that any sector industry in the Bangsamoro.
national grid shall subject the power connection to the national grid shall Power plants and distribution networks
generation, island-grid and distribution be subject to national laws and in the Bangsamoro shall be able to
to national laws and regulations: regulations. The Bangsamoro Regional interconnect and sell power over the
Provided, Further, that the currently Government may assist electric national transmission grid to electric
existing Agus Hydro Power Complex cooperatives in accessing funds and consumers. The Bangsamoro
remain to be regulated by the National technology, to ensure their Government may assist electric
Government: Provided, Finally, that the operational and financial viability; cooperatives in accessing funds and
Bangsamoro Regional Government, in technology, to ensure their financial and
the exercise of its jurisdiction , may not operational viability. When power

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BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
in any way, impair the operations and generation, transmission, and
productions of the existing Agus Hydro distribution facilities are connected to the
Power Complex and/or any power national transmission grid, the Central
generation utilities that may hereafter be Government and the Bangsamoro
established. Government shall cooperate and
coordinate through the
intergovernmental relations mechanism;

12. Public utilities operations in the 16) Public utilities operations in the 16) Public utilities operations in the
Bangsamoro Autonomous Region - In Bangsamoro Autonomous Region: Bangsamoro. – In case of inter-regional
case of inter-regional utilities, the Provided, That in case of inter-regional utilities, there shall be cooperation and
Bangsamoro Regional Government shall utilities, there shall be cooperation coordination among the relevant
coordinate with and assist relevant and coordination among the relevant government agencies;
government agencies; public utilities government agencies;
operating solely within the Bangsamoro
Autonomous Region shall be subject to
the regulatory authority of the
Bangsomoro Regional Government; on
the other hand, public utilities national
in scope shall be subject to the national
laws.
13. receive grants and donations; 17) Receive grants and donations; 17) Receive grants and donations;
14. education and skills training; 18) Education and skills training; 18) Education and skills training;
19) Science and technology; 19) Science and technology;
20) Research councils and scholarships; 20) Research councils and scholarships;
15. culture and language; 21) Culture and language; 21) Culture and language;
16. sports and recreation; 22) Sports and recreation; 22) Sports and recreation;

34
BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
17. Regulation of games and 23) Regulation of games and amusement 23) Regulation of games and amusement
amusement operations within the operations within the Bangsamoro operations within the Bangsamoro;
Bangsamoro Autonomous Region Autonomous Region;
excluding prohibited games of chance;
24) Libraries, museums, historical, 24) Libraries, museums, historical, cultural and
cultural, and archaeological sites in archaeological sites. – The Bangsamoro
the Bangsamoro Autonomous Region: Government shall have the power to
Provided, That in the case of establish its own libraries and museums,
archaeological sites, the Bangsamoro and declare historical and cultural sites.
Regional Government shall coordinate The Central Government shall transfer
with relevant agencies of the National the management of such sites currently
Government on the regulation, under the jurisdiction of the National
excavation, preservation, and Museum, National Historical
exportation of cultural properties, as Commission, and other agencies of the
well as on the recovery of lost Central Government, to the Bangsamoro
historical and cultural artifacts; Government or local governments therein
following certain processes through the
intergovernmental relations mechanism.
With regard to archaeological sites, the
Bangsamoro Government shall
coordinate with relevant agencies of the
Central Government on the regulation,
excavation, preservation, and
exportation of cultural properties, as well
as, on the recovery of lost historical and
cultural artifacts;
18. regulations on manufacture and 25) Regulations on manufacture and 25) Regulations on manufacture and

35
BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
distribution of foods, drinks, drugs and distribution of foods, drinks, drugs, distribution of foods, drinks, drugs, and
tobacco for the welfare of the and tobacco in the Bangsamoro tobacco for the welfare of the
inhabitants in the Bangsamoro Autonomous Region; Bangsamoro;
Autonomous Region;
19. hajj and umrah. – The 26) There shall be a Pilgrimage Authority 26) Hajj and Umrah. – The Bangsamoro
Bangsamoro Regional Government shall Office to be created in the Government shall have primary
have primary jurisdiction over hajj and Bangsamoro Autonomous Region that jurisdiction over Hajj and Umrah matters
umrah matters affecting pilgrims from will administer the management and affecting pilgrims from within the
within the Bangsamoro Autonomous supervision of Hajj and Umrah Bangsamoro. The Central Government
Region. The National Government shall matters affecting the pilgrims within shall have competence over Hajj and
have competence over hajj and umrah the autonomous region area. For Umrah matters affecting pilgrims coming
matters affecting pilgrims coming from pilgrims outside of the autonomous from outside the Bangsamoro. There is
outside the Bangsamoro Autonomous region area, the NCMF shall have hereby created a Bangsamoro pilgrimage
Region. There is hereby created a jurisdiction in accordance with the authority that shall act in close
Bangsamoro Pilgrimage Authority that provisions of Republic Act No. 9997. In coordination with Central Government on
shall act in close coordination with so far as engagement with other Hajj and Umrah matters involving offices
National Government on hajj and umrah agencies and service providers and agencies outside the Bangsamoro;
matters involving offices and agencies catering the pilgrims, the NCMF and
outside the Bangsamoro Autonomous the Bangsamoro Regional Government
Region; shall have close collaboration and
coordination for the general well-being
of the pilgrims;
20. customary laws; 27) Customary laws; 27) Customary laws;
21. declaration of Bangsamoro 28) Declaration of Bangsamoro Regional 28) Declaration of Bangsamoro holidays;
holidays; holidays;
22. ancestral domain and natural 29) Preservation and management of 29) Ancestral domain and natural resources;
resources; ancestral domain and natural

36
BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
resources in the Bangsamoro
Autonomous Region;

30) Protection of the rights of the indigenous


people in the Bangsamoro in accordance
with the United Nations Declaration on
the Rights of Indigenous Peoples, and
taking into account in addition to
economic and geographical criteria, their
individual and communal property
rights, cultural integrity, customary
beliefs, historical and community
traditions. The Bangsamoro Parliament
shall create an appropriate office or
ministry for the Indigenous Peoples,
which shall be part of the Bangsamoro
Cabinet to develop and implement the
Bangsamoro programs for the indigenous
peoples in accordance with a law passed
by the Parliament;

30) Land management, land distribution, 31) Land management, land distribution, and
and agricultural land use agricultural land use reclassification. –
reclassification: Provided, That the The classification of public lands into
classification of public lands into alienable and disposable lands shall be
alienable and disposable lands shall initiated and recommended by the
be initiated and recommended by the Bangsamoro Government to the

37
BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
Bangsamoro Regional Government to President for the timely implementation
the President; of Bangsamoro development plans and
targets;
31) Protection and management of
environment, parks, forest
management, wildlife, nature
reserves, and conservation;
32) Cadastral land survey. – The Bangsamoro
Government shall have the authority to
conduct cadastral surveys, lot surveys,
and isolated and special surveys in the
Bangsamoro. The Bangsamoro
Government shall furnish the results of
these surveys to, and coordinate with,
relevant Central Government agencies to
effect inclusion into national cadastral
23. expropriation and eminent survey;
domain, without prejudice to the right of 33) Expropriation and eminent domain;
expropriation and eminent domain
granted by Congress under any national
franchise;

34) Environment, parks, forest management,


wildlife, nature reserves and conservation.
– The Bangsamoro Government shall
have the authority to protect and manage
the environment. It shall have the power

38
BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
to declare nature reserves and aquatic
parks, forests, and watershed
reservations, and other protected areas
in the Bangsamoro;
24. inland waterways for navigation; 32) Inland waterways for navigation; 35) Inland waterways for navigation;
33) Inland waters; 36) Inland waters;
25. management, regulation and 34) Management, regulation, and 37) Management, regulation and conservation
conservation of all fishery, marine and conservation of all fishery, marine and of all fishery, marine and aquatic
aquatic resources within the aquatic resources within the resources within the Bangsamoro
Bangsamoro Autonomous Region; The Bangsamoro Autonomous Region; territorial jurisdiction;
powers, functions, rights and privileges
already enjoyed by the municipalities
over their municipal waters as provided
under RA No. 7160 also known as the
Local Government Code of 1991, and RA
No. 8550, otherwise known as the
Philippine Fisheries Code of the
Philippines shall not, in any manner, be
prejudiced nor diminished;
26. Bangsamoro settlements; 35) Bangsamoro settlements; 38) Bangsamoro settlements;

27. customary justice; 36) Customary justice; 39) Customary justice;


28. Shari’ah courts and Shari’ah 37) Shari’ah courts and Shari’ah justice 40) Shari’ah courts and Shari’ah justice
justice system, subject to the system; system;
administrative supervision of the
Supreme Court;
29. public administration and 38) Public administration and 41) Public administration and bureaucracy for

39
BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
bureaucracy for the Bangsamoro bureaucracy for the Bangsamoro the Bangsamoro;
Regional Government; Regional Government;
39) Health except in the prevention and 42) Health, provided that the Central
control of epidemic and other Government and the Bangsamoro
communicable diseases which shall Government shall cooperate with and
be a concurrent power with the assist each other in the prevention and
National Government; control of epidemic and other
communicable diseases;
30. social services, social welfare and 40) Social services, social welfare, and 43) Social services, social welfare and
charities; charities; charities;
31. waste management; 41) Waste management; 44) Waste Management;

32. establishment and supervision of 42) Establishment and supervision of 45) Establishment and supervision of
humanitarian services and institutions; humanitarian services and humanitarian services and institutions;
institutions;

33. identification, generation and 43) Identification, generation, and 46) Identification, generation, and
mobilization of international human mobilization of international human mobilization of international human
resources for capacity-building and resources for capacity building and resources for capacity building and other
other activities involving the same other activities involving the same activities involving the same within the
within the Bangsamoro Autonomous within the Bangsamoro Autonomous Bangsamoro. The Central Government
Region. The Bangsamoro Regional Region. The National Government shall cooperate with and assist the
Government shall cooperate with and shall cooperate with and assist the Bangsamoro Government towards
assist the National Government towards Bangsamoro Regional Government ensuring access to such relevant human
ensuring access to such relevant human towards ensuring access to such resources through the intergovernmental
resources; relevant human resources through relations mechanism;
the intergovernmental relations

40
BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
mechanism;
34. establishment of awqaf 44) Establishment of Awqaf (endowment) 47) Establishment of Awqaf (endowment) and
(endowment) and charitable trusts; and charitable trusts; charitable trusts;

35. hisbah office for accountability as 45) Hisbah office for accountability as part 48) Hisbah office for accountability as part of
part of the Shari’ah justice system; of the Shari’ah justice system; the Shari’ah justice system;
46) Establishment of regional civil 49) Registration of births, marriages, and
registration office for the registration deaths, copies of which shall be
of births, marriages, and deaths, forwarded to the Philippine Statistics
which in turn the same will be Authority;
forwarded to the Philippine Statistics
Authority (PSA);
36. housing and human settlements; 47) Housing and human settlements; 50) Housing and human settlements;
37. development planning; 48) Development planning; 51) Development planning;
38. urban and rural development; 49) Urban and rural development; 52) Urban and rural development;
53) Water supplies and services, flood control,
and irrigation systems in the
Bangsamoro, provided, that with regard
to water supplies and services, flood
control, and irrigation systems that
connect to or from facilities outside the
Bangsamoro, there shall be cooperation
and coordination between the
Bangsamoro Government and the
appropriate Central or local government
bodies;
39. public works and highways within 50) Public works and highways within the 54) Public works and highways within the

41
BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
the Bangsamoro Autonomous Region; Bangsamoro Autonomous Region; Bangsamoro;
51) Special development programs for
women, the youth, the elderly, labor,
the differently-abled, and indigenous
people;
40. establishment of appropriate 55) Establishment of appropriate mechanisms
mechanisms for consultations for for consultations for women and
women and marginalized sectors; marginalized sectors;
56) Special development programs and laws
for women, the youth, the elderly, labor,
the differently-abled, and indigenous
people;
41. local administration, municipal 52) Local administration, municipal 57) Local administration, municipal
corporations and other local authorities corporations, and other local corporations and other local authorities
including the creation of local authorities including the creation of including the creation of local
governments. – The Bangsamoro local governments; governments. – The Bangsamoro
Regional Government shall manage and Government shall manage and build its
build its own bureaucracy and own bureaucracy and administrative
administrative organization, in organization, in accordance with the
accordance with the Parliamentary form ministerial form of government;
of government;
The Bangsamoro Parliament may create, The Bangsamoro Parliament may The Bangsamoro Parliament may create,
divide, merge, abolish or substantially create, divide, merge, abolish, or divide, merge, abolish, or substantially
alter boundaries of barangays in substantially alter boundaries of alter boundaries of provinces, cities,
accordance with a law enacted by the municipalities or barangays in municipalities, or barangays in
Bangsamoro Parliament, and subject to accordance with a law enacted by the accordance with a law enacted by the
the approval by a majority of the votes Bangsamoro Parliament, and subject Bangsamoro Parliament, and subject to

42
BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
cast in a plebiscite in the political units to the approval by a majority of the the approval by a majority of the votes
directly affected. votes cast in a plebiscite in the cast in a plebiscite in the political units
political units directly affected; and directly affected. Subject to the criteria
provided in said law, the Bangsamoro
Parliament may likewise create
appropriate local government units in the
areas inhabited predominantly by
indigenous peoples;

However, when such acts require the


creation of a congressional district, the
Bangsamoro Government shall cooperate
and coordinate with Central Government
through the Philippine Congress –
Bangsamoro Parliament Forum to
prioritize the deliberations on the
creation of the congressional district; and
42. establishment or creation of other 53) Establishment or creation of other 58) Establishment or creation of other
institutions, policies and laws for the institutions, policies and laws for the institutions, policies and laws for the
general welfare of the inhabitants in the general welfare of the people in the general welfare of the people in the
Bangsamoro Autonomous Region Bangsamoro Autonomous Region. Bangsamoro.

SEC. 22. Other Exclusive Powers. The SEC. 21. Other Exclusive Powers. – The Section 4. Other Exclusive Powers. The
following powers and competencies previously following vested powers and competencies following vested powers and competencies
granted to the ARMM under RA 6734, as previously granted to the ARMM under R.A. previously granted to the Autonomous Region in

43
BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
amended by RA 9054, are hereby transferred No. 6734, as amended by R.A. No. 9054, are Muslim Mindanao under R.A. No. 6734, as
to the Bangsamoro Regional Government as hereby transferred to the Bangsamoro amended by R.A. No. 9054, are hereby
part of its exclusive powers: Regional Government as part of its exclusive transferred to the Bangsamoro Government as
powers: part of its exclusive powers
a. Subject to the provisions of the 1987 1) To regulate and exercise authority over 1) To regulate and exercise authority over
Philippine Constitution and existing foreign investments within its foreign investments within its
laws, to regulate and exercise authority jurisdiction, subject to the provisions of jurisdiction. The Central Government
over foreign investments within its the 1987 Constitution. The National may intervene in such matters only if
geographical area. The National Government may intervene in such national security is involved;
Government shall intervene on matters matters only if national security is
involving national security and public involved;
safety;
b. To proclaim a state of calamity over its 2) To proclaim a state of calamity over the 2) To proclaim a state of calamity over its
geographical area or parts thereof Region or parts thereof whenever territorial jurisdiction or parts thereof
whenever typhoons, flash floods, typhoons, flash floods, earthquakes, whenever typhoons, flash floods,
earthquakes, tsunamis, or other natural tsunamis, or other natural calamities earthquakes, tsunamis, or other
and man-made calamities cause cause widespread damage or natural calamities cause widespread
widespread damage or destruction to life destruction to life or property in the damage or destruction to life or
or property in the region. The state of region. The state of calamity property in the region. The state of
calamity proclaimed by the Chief proclaimed by the Chief Minister shall calamity proclaimed by the Chief
Minister shall only be for the purpose of only be for the purpose of maximizing Minister shall only be for the purpose
maximizing the efforts to rescue the efforts to rescue imperiled persons of maximizing the efforts to rescue
imperiled persons and property and the and property and the expeditious imperiled persons and property and the
expeditious rehabilitation of the rehabilitation of the damaged area. The expeditious rehabilitation of the
damaged area; state of calamity proclaimed shall in no damaged area;
way suspend any provision of the 1987
Constitution or this Basic Law, as well

44
BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
as any law promulgated by the National
Government or the Regional
Government;

3) To temporarily take-over or direct 17) To temporarily take over or direct


operation of any privately-owned public operation of any privately-owned public
utility or business affected with public utility or business affected with public
interest, in times of state of calamity interest, in times of state of calamity
declared by the Chief Minister, when declared by the Chief Minister, when the
the public interest so requires and public interest so requires and under
under such reasonable terms and such reasonable terms and safeguards as
safeguards as may be prescribed by the may be prescribed by the Parliament.
Bangsamoro Parliament. The public The public utility or business concerned
utility or business concerned may may contest the take-over of its
contest the take-over of its operations operations by the Bangsamoro
by the Bangsamoro Regional Government by filing a proper case or
Government by filing a proper case or petition with the Court of Appeals;
petition with the Court of Appeals;
4) To recognize constructive or traditional 18) To recognize constructive or traditional
possession of lands and resources by possession of lands and resources by
Indigenous Peoples or Indigenous indigenous people subject to judicial
Cultural Community subject to judicial affirmation, the petition for which shall
confirmation, the petition for which be instituted within a period of ten (10)
shall be instituted within a period of years from the effectivity of this Basic
ten (10) years from the effectivity of this Law. The procedure for judicial
Basic Law. The procedure for judicial affirmation of imperfect titles under
confirmation of imperfect titles under existing laws shall, as far as practicable,

45
BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
existing laws shall, as far as apply to the judicial affirmation of titles
practicable, apply to the judicial to ancestral lands;
confirmation of titles to ancestral
lands;
5) To adopt and implement a 19) To adopt and implement a comprehensive
comprehensive urban land reform and urban land reform and land use
land use program, to ensure the just program, to ensure the just utilization of
utilization of lands within its lands within its jurisdiction;
jurisdiction;
c. The Bangsamoro Parliament shall have 6) The Bangsamoro Parliament shall have 20) The Bangsamoro Parliament shall have
the following powers: the following powers: the following powers:
1. To enact legislation on the rights of a) To enact legislation on the rights e) To enact legislation on the rights of
the people of the Bangsamoro of the people of the Bangsamoro to the people of the Bangsamoro to
Autonomous Region to initiate initiate measures for the passage, initiate measures for the passage,
measures for the passage, amendment, or repeal of regional amendment, or repeal of regional or
amendment or repeal of regional or or local legislation; to be consulted local legislation; to be consulted on
local legislation; to be consulted on on matters that affect their matters that affect their
matters that affect their environment; environment; to call for a environment; to call for a
to call for a referendum on important referendum on important issues referendum on important issues
issues affecting their lives; and, to affecting their lives; and, on affecting their lives; and, on
recall regional or local officials; initiatives; initiatives;
2. To conduct inquiries or public b) To conduct inquiries or public f) To conduct inquiries or public
consultations in aid of legislation in consultations in aid of legislation consultations in aid of legislation in
accordance with its rules. In in accordance with its rules. In accordance with its rules. In
connection therewith, it shall have connection therewith, it shall have connection therewith, it shall have
the power to issue subpoena or the power to issue subpoena or the power to issue subpoena or
subpoena duces tecum to compel the subpoena duces tecum to compel subpoena duces tecum to compel the

46
BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
attendance of witnesses and the the attendance of witnesses and attendance of witnesses and the
production of papers, documents, or the production of papers, production of papers, documents, or
things by witnesses or persons under documents, or things by witnesses things by witnesses or persons
investigation by the Parliament, itself, or persons under investigation by under investigation by the
or by any of its committees. It shall the Parliament, itself, or by any of Parliament, itself, or by any of its
also have the right to cite witnesses its committees. It shall also have committees. It shall also have the
or persons under investigation for the right to cite witnesses or right to cite witnesses or persons
contempt for refusal to testify before persons under investigation for under investigation for contempt for
it or before any of its committees or contempt for refusal to testify refusal to testify before it or before
to produce papers, documents or before it or before any of its any of its committees, or to produce
things required by the Parliament or committees, or to produce papers, papers, documents or things
any of its committees. The rights of documents or things required by required by the Parliament or any of
persons appearing in or affected by the Parliament or any of its its committees. The rights of persons
such inquiries shall be respected; committees. The rights of persons appearing in or affected by such
appearing in or affected by such inquiries shall be respected;
inquiries shall be respected;
3. To enact a law that shall regulate the c) May enact a law that would allow g) To enact a law that would allow the
grant of franchises and concessions, the Chief Minister and the Speaker Chief Minister, Speaker of the
and empower the Chief Minister to of the Parliament to augment any Parliament, and the Presiding
grant leases, permits, and licenses item in the Bangsamoro General Justice of the Bangsamoro Shari'ah
over agricultural lands and for forest Appropriations Law for their High Court to augment any item in
management, subject to the respective offices from savings in the Bangsamoro General
provisions of the 1987 Philippine other items of their respective Appropriations Law for their
Constitution and national laws. appropriations; respective offices from savings in
other items of their respective
appropriations;

47
BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
d) Within the competencies of the h) Within the competencies of the
Bangsamoro Regional Bangsamoro Government, to enact a
Government, to enact a law that law that shall regulate the grant of
shall regulate the grant of franchises and concessions, and
franchises and concessions, and empower the Chief Minister to grant
empower the Chief Minister to leases, permits, and licenses over
grant leases, permits, and licenses agricultural lands and for forest
over agricultural lands and for management;
forest management;
d. To create pioneering firms and other 7) To create pioneering firms and other 21) To create pioneering firms and other
business entities needed to boost business entities needed to boost business entities needed to boost
economic development in the economic development in the economic development in the
Bangsamoro Autonomous Region; Bangsamoro Autonomous Region; Bangsamoro;
e. To establish and operate pioneering 8) To establish and operate pioneering 22) To establish and operate pioneering public
public utilities in the interest of regional public utilities in the interest of utilities in the interest of regional welfare
welfare and security. regional welfare and security. Upon and security. Upon payment of just
payment of just compensation, it may compensation, it may cause the transfer
cause the transfer of the ownership of of the ownership of such utilities to
such utilities to cooperatives or other cooperatives or other collective
collective organizations; organizations;
To support and encourage the building up of 9) To support and encourage the building 23) To support and encourage the building up
entrepreneurial capability in the Bangsamoro up of entrepreneurial capability in the of entrepreneurial capability in the
Autonomous Region and to recognize, Bangsamoro and to recognize, promote, Bangsamoro and to recognize, promote,
promote, and protect cooperatives; and protect cooperatives; and protect cooperatives;
f. Subject to the provisions of the 1987 10) To supervise and regulate private 24) To supervise and regulate private schools
Philippine Constitution and national schools in the Bangsamoro in the Bangsamoro and to allow the
laws, to supervise and regulate private Autonomous Region and to allow the participation of three (3) representatives

48
BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
schools in the Bangsamoro Autonomous participation of three (3) of private schools in the deliberations of
Region and allow the participation of representatives of private schools in the the appropriate Bangsamoro
three (3) representatives of private deliberations of the appropriate Government’s ministry, Commission on
schools in the deliberations of the Bangsamoro Regional Government’s Higher Education (CHED), Technical
appropriate Bangsamoro Regional Education ministry, Commission on Education and Skills Development
Government’s ministry or office on Higher Education (CHED), Technical Authority (TESDA), and other
matters dealing with private schools; Education and Skills Development government agencies on matters dealing
Authority (TESDA), and other with private schools.
government agencies on matters
dealing with private schools.
g. To be represented in the board of the 11) To be represented in the board of the 25) To be represented in the board of the state
State Universities and Colleges (SUCs) in state universities and colleges in the universities and colleges in the
the Bangsamoro Autonomous Region by Bangsamoro Autonomous Region by Bangsamoro by the Chair of the
the chair of the appropriate committee of the Chair of the appropriate committee appropriate committee of the
the Bangsamoro Parliament, either as of the Bangsamoro Parliament, as Bangsamoro Parliament, as member.
co-chair or co-vice chair. The SUCs member. The state universities and The state universities and colleges within
within the Bangsamoro Autonomous colleges within the Bangsamoro the Bangsamoro shall be considered part
Region shall be considered part of the Autonomous Region shall be of the Bangsamoro educational system.
Bangsamoro educational system. This considered part of the Bangsamoro This notwithstanding, these state
notwithstanding, these SUCs shall enjoy Autonomous Region educational universities and colleges shall enjoy
academic freedom and fiscal autonomy system. This notwithstanding, these academic freedom and fiscal autonomy,
and shall continue to be governed by state universities and colleges shall and shall continue to be governed by
their respective charters; enjoy academic freedom and fiscal their respective charters;
autonomy, and shall continue to be
governed by their respective charters;
h. To supervise, through the appropriate 12) To supervise, through the appropriate 26) To supervise, through the appropriate
ministry, the accredited madaris in the ministry, the accredited madaris in the ministry, the accredited madaris in the

49
BANGSAMORO BASIC LAW
16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
Bangsamoro Autonomous Region; Bangsamoro; Bangsamoro;
i. To conduct periodic competitive 13) To conduct periodic competitive 27) To conduct periodic competitive qualifying
qualifying examinations of madaris qualifying examinations of madaris examinations of madaris teachers for
teachers for permanent appointments to teachers for permanent appointments permanent appointments to the
the Bangsamoro education system; to the Bangsamoro education system; Bangsamoro education system;
j. To adopt measures to protect and 14) To adopt measures to protect and 28) To adopt measures to protect and promote
promote the rights of people's promote the rights of people's the rights of people's organizations and
organizations and other collective organizations and other collective other collective organizations;
organizations; organizations;
k. To adopt measures for the protection 15) To adopt measures for the protection of 29) To adopt measures for the protection of
and empowerment of the youth in the the youth in the Bangsamoro the youth in the Bangsamoro and the
Bangsamoro Autonomous Region and Autonomous Region and the promotion promotion of their welfare, and to create
the promotion of their welfare, and to of their welfare, and to create the the appropriate office and other
create the appropriate office and other appropriate office and other mechanisms for the implementation of
mechanisms for the implementation of mechanisms for the implementation of such measures;
such measures; such measures;
l. To enforce the policy against the 16) To enforce the policy against the 30) To enforce the policy against the
appointment or designation of any appointment or designation in any appointment or designation of any
member of the Armed Forces of the capacity of any member of the Armed member of the Armed Forces of the
Philippines (AFP) in the active service to Forces of the Philippines (AFP) in the Philippines in the active service to a
a civilian position in the Bangsamoro active service to a civilian position in civilian position in the Bangsamoro
Regional Government, including the Bangsamoro Regional Government, Government, including government-
government-owned and/or -controlled including government-owned and/or - owned and/or -controlled corporations,
corporations, or in any of their controlled corporations, or in any of or in any of their subsidiaries or
subsidiaries or instrumentalities within their subsidiaries or instrumentalities instrumentalities within the Bangsamoro.
the Bangsamoro Autonomous Region. within the Bangsamoro Autonomous
Region.

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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)

ARTICLE VI Article VI Article VI


NATIONAL GOVERNMENT AND INTERGOVERNMENTAL RELATIONS INTERGOVERNMENTAL RELATIONS
BANGSAMORO REGIONAL GOVERNMENT
RELATIONS
SEC. 23. Asymmetric Relationship. – The SEC. 22. Asymmetric Relationship. – Section 1. Asymmetric Relationship. – The
relationship between the National Government The relationship between the National relationship between the Central Government
and the Bangsamoro Regional Government Government and the Bangsamoro Regional and the Bangsamoro Government shall be
shall be asymmetric. Government shall be asymmetric. This is asymmetric. This is reflective of the recognition
This is a recognition of the Bangsamoro reflective of the recognition of the Bangsamoro of their Bangsamoro identity, and their
diverse culture and identity, and their identity and their aspiration for self- aspiration for self-governance. This makes it
aspiration for self-governance that makes it governance as basis for the distinct treatment distinct from other regions and other local
distinct from other regions and other local of the Bangsamoro Autonomous Region from governments.
government units. other regions and other local governments.

The asymmetric relationship refers to the The asymmetric relationship refers to


relationship between the National Government the relationship between the National
and the Bangsamoro Regional Government as Government and the Bangsamoro Regional
an Autonomous Region, as provided under Government as an autonomous region, as
Sec. 15, Article X of the 1987 Philippine provided under Article X, Section 15 of the
Constitution, where the autonomous regions 1987 Consitution where the autonomous
are granted more powers, and with less regions are granted more powers with less
intervention from the National Government as intervention from the national government as
compared to other territorial and political compared to other territorial and political

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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
subdivisions. subdivisions.

SEC. 24. Parity Of Esteem. – The National SEC. 23. Parity of Esteem. – The National Section 2. Parity of Esteem. – The Central
Government and the Bangsamoro Regional Government and the Bangsamoro Regional Government and the Bangsamoro Government
Government shall be guided by the principles Government shall be guided by the principles shall be guided by the principles of parity of
of accepted norms of good governance and of parity of esteem and accepted norms of good esteem and accepted norms of good governance.
parity of esteem. In exercising its sovereignty, governance. The National Government shall The Central Government shall respect the
the National Government shall give due respect the exercise of competencies and exercise of competencies and exclusive powers of
consideration to the distinctive historical and exclusive powers of the Bangsamoro Regional the Bangsamoro Government. The Bangsamoro
cultural heritage, economic and social Government. The Bangsamoro Regional Government shall respect the exercise of the
structures of all the inhabitants in the Government shall respect the exercise of the competencies and reserved powers of the Central
Bangsamoro Autonomous Region. competencies and reserved powers of the Government.
National Government.
The Bangsamoro Regional Government shall
respect the exercise of the concurrent and
reserved powers by the National Government.

The National Government’s powers shall


respect the exercise, with rigorous
impartiality, of the exclusive and devolved
powers of the Bangsamoro Regional
Government.

SEC. 25. General Supervision. -- Consistent SEC. 24. General Supervision. – Consistent Section 3. General Supervision. Consistent
with the provisions of the 1987 Philippine with the principle of autonomy and the with the principle of autonomy and the
Constitution, principle of autonomy and the asymmetric relation of the National asymmetric relation of the Central Government
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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
asymmetric relation of the National Government and the Bangsamoro Regional and the Bangsamoro Government, the President
Government and the Bangsamoro Regional Government, the President shall exercise shall exercise general supervision over the
Government, the President shall exercise general supervision over the Bangsamoro Bangsamoro Government to ensure that laws
general supervision over the Bangsamoro Regional Government to ensure that laws are are faithfully executed.
Regional Government to ensure that laws are faithfully executed.
faithfully executed.

SEC. 26. National Government And SEC. 25. Intergovernmental Relations Section 4. Intergovernmental Relations
Bangsamoro Regional Governments Relations Mechanism. – The National Government and Mechanism. – The Central Government and the
Mechanism. – The National Government and the Bangsamoro Regional Government shall Bangsamoro Government shall establish a
the Bangsamoro Regional Government shall establish a mechanism at the highest levels mechanism at the highest levels that will
establish a mechanism at the highest levels that will coordinate and harmonize their coordinate and harmonize their relationships.
that shall coordinate and harmonize their relationships. For this purpose, a primary For this purpose, a primary mechanism shall be
relationships. For this purpose, a primary mechanism shall be a National Government – a Central Government – Bangsamoro
mechanism shall be a National Government – Bangsamoro Regional Government Government Intergovernmental Relations Body
Bangsamoro Regional Government Intergovernmental Relations Body to resolve to resolve issues on intergovernmental relations.
intergovernmental relations body to resolve issues on intergovernmental relations. All All disputes and issues relating to these
issues on intergovernmental relations. All disputes and issues relating to these intergovernmental relations shall be resolved
disputes and issues relating to these intergovernmental relations shall be resolved through regular consultations and continuing
intergovernmental relations shall be resolved through regular consultations and continuing negotiations in a non-adversarial manner.
through regular consultations in a non- negotiations in a non-adversarial manner.
adversarial manner.
The intergovernmental relations body shall The Intergovernmental Relations Body shall The Intergovernmental Relations Body shall
exhaust all means to resolve all issues brought exhaust all means to resolve all issues brought exhaust all means to resolve all issues brought
before it. Unresolved issues shall be elevated before it. Unresolved issues shall be elevated before it. Unresolved issues shall be elevated to
to the President, through the Chief Minister. to the President through the Chief Minister. the President through the Chief Minister.
The President’s decision on any unresolved The decision of the President on matters

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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
issue shall be final and executory. elevated for decision shall be final and
executory.
The National Government shall appoint a head The National Government and the The Central Government and the Bangsamoro
to represent the National Government. The Bangsamoro Regional Government shall each Government shall each appoint a representative
Bangsamoro Regional Government shall have appoint a representative in the in the inter-governmental relations body. Both
a minister who shall sit in this body, intergovernmental relations body. Both representatives shall have authority to make
representing the Bangsamoro Regional representatives shall have authority to make decisions. The body shall be supported by a joint
Government. The body shall be supported by a decisions. The body shall be supported by a secretariat.
joint secretariat. joint secretariat.

SEC. 27. Council Of Leaders. – The SEC. 26. Council of Leaders. – The Section 5. Council of Leaders. – The
Bangsamoro Council of Leaders shall consist Bangsamoro Council of Leaders shall consist Bangsamoro Council of Leaders shall consist of
of the Chief Minister, Provincial Governors, of the Chief Minister, provincial governors, the Chief Minister, provincial governors, mayors
Mayors of chartered cities within the mayors of chartered cities, and representatives of chartered cities, and representatives from
Bangsamoro Autonomous Region, and from traditional leaders, Non-Moro indigenous traditional leaders, non-Moro indigenous
representatives from the Non-Moro indigenous communities, women, settler communities, communities, women, settler communities,
communities, women, settler communities, ulama, youth, Bangsamoro communities ulama, youth, Bangsamoro communities outside
sultanates and other sectors. The Bangsamoro outside of the Bangsamoro Autonomous of the Bangsamoro territory, and other sectors.
Council of Leaders shall be chaired by the Region, and other sectors. The Bangsamoro The Bangsamoro Council of Leaders shall be
Chief Minister. The Council shall advise the Council of Leaders shall be chaired by the chaired by the Chief Minister. The Council shall
Chief Minister on matters of governance in the Chief Minister. The Council shall advise the advise the Chief Minister on matters of
Bangsamoro Autonomous Region. The Chief Minister on matters of governance in the governance in the Bangsamoro. The
representation of the Non-Moro indigenous Bangsamoro Autonomous Region. The representation of the non-Moro indigenous
communities shall be pursuant to their representation of the Non-Moro indigenous communities shall be pursuant to their
customary laws and indigenous processes. communities shall be pursuant to their customary laws and indigenous processes.
customary laws and indigenous processes.
The mechanism of representation and number of

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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
representatives shall be determined by the
Parliament.

The Bangsamoro Parliament shall determine


the mechanism of representation and number
of representatives of the council.

SEC. 28. Principles Of Devolution, SEC. 27. Devolution, Solidarity, and Section 6. Devolution and Subsidiarity. – The
Subsidiarity And Solidarity. – The National Subsidiarity. – The National Government and Central Government and the Bangsamoro
Government and the Bangsamoro Regional the Bangsamoro Regional Government accept Government accept the concept of devolution as
Government accept the concept of devolution the concept of devolution as inspired by the inspired by the principles of subsidiarity.
as inspired by the principles of subsidiarity principles of solidarity and subsidiarity. Decisions are to be made at the appropriate level
and solidarity. Decisions are to be made at the Decisions are to be made at the appropriate to ensure public accountability and
appropriate level to ensure public level to ensure public accountability and transparency, and in consideration of good
accountability and transparency, and in transparency, guided by considerations of governance and the general welfare.
consideration of good governance and the good governance and the general welfare.
general welfare.

SEC. 29. Bangsamoro Regional Government SEC. 28. Bangsamoro Regional Section 7. Bangsamoro Government and Its
And Its Constituent Local Government Units. – Government and Its Constituent Local Constituent Local Government Units. – The
The provinces, cities, municipalities and Government Units. – The provinces, cities, provinces, cities, municipalities, barangays, and
barangays within its geographical area shall municipalities, and barangays, within its geographic areas within its territory shall be the
be the constituent units of the Bangsamoro territorial jurisdiction shall be the constituent constituent units of the Bangsamoro. The
Autonomous Region. The powers, privileges units of the Bangsamoro Autonomous Region. authority to regulate on its own responsibility
and functions already exercised and enjoyed The authority to regulate on its own the affairs of the local government units is
by the local government units under existing responsibility the affairs of the local guaranteed within the limit of this Basic Law.
laws shall not in any way be diminished. government units is guaranteed within the The Local Government Units shall continue to
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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
limit of this Basic Law. The local government exercise the powers granted to them as provided
units shall continue to exercise the powers by law. For good governance, the Bangsamoro
granted to them as provided by existing laws. Parliament may enact a Local Government Code.
For good governance, the Bangsamoro
Parliament may enact a Local Government
Code.

SEC. 29. Philippine Congress - Section 8. Philippine Congress - Bangsamoro


Bangsamoro Parliament Forum. – There Parliament Forum. – There shall be a Philippine
shall be a Philippine Congress-Bangsamoro Congress-Bangsamoro Parliament Forum for
Parliament Forum for purposes of cooperation purposes of cooperation and coordination of
and coordination of legislative initiatives on legislative initiatives
concurrent powers.

SEC. 30. Bangsamoro Participation In SEC. 30. Bangsamoro Participation in Section 9. Bangsamoro Participation in
National Government. – As far as practicable, National Government. – The National Central Government. – It shall be the policy of
the National Government may appoint Government may appoint competent and the Central Government to appoint competent
competent and qualified inhabitants of the qualified inhabitants of the Bangsamoro and qualified inhabitants of the Bangsamoro in
Bangsamoro Autonomous Region in the Autonomous Region in the following offices in the following offices in the Central Government:
following offices in the National Government: the National Government: at least one (1) at least one (1) Cabinet Secretary; at least one
at least one (1) cabinet secretary; at least one cabinet secretary; and at least one (1) in each (1) in each of the other departments, offices and
(1) in each of the other departments, offices of the other departments, offices and bureaus, bureaus, holding executive, primarily
and bureaus, holding executive, primarily holding executive, primarily confidential, confidential, highly technical, policy-determining
confidential, highly technical, policy- highly technical, and policy-determining positions; and one (1) Commissioner in each of
determining positions. positions. the constitutional bodies.
The recommendations of the Bangsamoro
Government shall be channeled through the
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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
intergovernmental relations mechanisms.

The recommendations of the


Bangsamoro Regional Government shall be
channeled through the intergovernmental
relations mechanisms.

SEC. 31. Assistance To Other Bangsamoro SEC. 31. Assistance to Other Bangsamoro Section 10. Assistance to Other Bangsamoro
Communities. – The National Government shall Communities. – The National Government Communities. – The Central Government shall
ensure the protection of the rights of the shall ensure the protection of the rights of the ensure the protection of the rights of the
Bangsamoro residing outside the geographical Bangsamoro people residing outside the Bangsamoro people residing outside the territory
area of the Bangsamoro Autonomous Region Bangsamoro Autonomous Region and of the Bangsamoro and undertake programs for
and undertake programs for the rehabilitation undertake programs for the rehabilitation and the rehabilitation and development of their
and development of their communities. development of their communities. The communities. The Bangsamoro Government
Bangsamoro Regional Government shall shall provide assistance to their communities to
provide assistance to their communities to enhance their economic, social, and cultural
enhance their economic, social, and cultural development. In this regard, the Bangsamoro
development. The Bangsamoro Regional Government shall include in its priorities the
Government shall include in its priorities the creation of an office for Bangsamoro
creation of an office for Bangsamoro communities outside of the Bangsamoro
communities outside of the Bangsamoro territory.
Autonomous Region.

Article VII Article VII


THE BANGSAMORO REGIONAL THE BANGSAMORO GOVERNMENT
GOVERNMENT

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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)

SEC. 32. Seat of Government. – The Section 1. Seat of Government. – The


Bangsamoro Parliament shall determine the Bangsamoro Parliament shall determine the seat
seat of the Bangsamoro Regional Government of the Bangsamoro Government anywhere within
anywhere within the Bangsamoro Autonomous the Bangsamoro territory.
Region.

ARTICLE VII SEC. 33. Powers of Government. – The Section 2. Powers of Government. – The
THE BANGSAMORO REGIONAL powers of government shall be vested in the powers of government shall be vested in the
GOVERNMENT Bangsamoro Parliament, which shall exercise Bangsamoro Parliament, which shall exercise
those powers and functions expressly granted those powers and functions expressly granted to
SEC. 32. Powers Of The Bangsamoro to it in this Basic Law, and those necessary for it in this Basic Law, and those necessary for or
Regional Government. – The powers of the or incidental to the proper governance and incidental to the proper governance and
Bangsamoro Regional Government shall be development of the Bangsamoro. It shall set development of the Bangsamoro. It shall set
vested in the Bangsamoro Parliament, which policies, legislate on matters within its policies, legislate on matters within its authority,
shall exercise those powers and functions authority, and elect a Chief Minister, who shall and elect a Chief Minister, who shall exercise
expressly granted to it in this Basic Law, and exercise executive authority in its behalf. executive authority in its behalf.
those necessary or incidental to the proper
governance and development of the
Bangsamoro Autonomous Region. It shall set
policies, legislate on matters within its
authority, and elect a Chief Minister, who shall
exercise executive authority in its behalf.

SEC. 33. Legislative Authority. – Within its SEC. 34. Legislative Authority. – The Section 3. Legislative Authority. – The
geographical area and subject to the Bangsamoro Parliament shall have the Bangsamoro Parliament shall have the authority
provisions of the Philippine Constitution, the authority to enact laws on matters that are to enact laws on matters that are within the
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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
Bangsamoro Parliament shall have the within the powers and competencies of the powers and competencies of the Bangsamoro
authority to enact laws on matters that are Bangsamoro Regional Government. Government.
within the powers and competencies of the
Bangsamoro Regional Government.

SEC. 34. Executive Authority. - The executive SEC. 35. Executive Authority. – The Section 4. Executive Authority. - The
function and authority shall be exercised by executive function and authority shall be executive function and authority shall be
the cabinet, which shall be headed by a Chief exercised by the Cabinet, which shall be exercised by the Cabinet, which shall be headed
Minister. The Chief Minister who heads the headed by a Chief Minister. The Chief Minister by a Chief Minister. The Chief Minister who
Parliamentary government of the Bangsamoro who heads the parliamentary government of heads the parliamentary government of the
Regional Government shall be elected by a the Bangsamoro shall be elected by a majority Bangsamoro shall be elected by a majority vote
majority vote of the Members of the vote of the Parliament from among its of the Parliament from among its members.
Parliament. members.
The Chief Minister shall appoint the Deputy The Chief Minister shall appoint two (2) The Chief Minister shall appoint two (2) Deputy
Chief Minister from among the members of Deputy Chief Ministers, as provided under Chief Ministers, as provided under Article VII,
Parliament, and the members of the cabinet, Section 63, and the members of the Cabinet, Section 35, and the members of the Cabinet,
majority of whom shall also come from the majority of whom shall also come from the majority of whom shall also come from the
Parliament. Parliament. Parliament.

BANGSAMORO PARLIAMENT Bangsamoro Parliament Bangsamoro Parliament

SEC. 35. Composition. – The Parliament shall SEC. 36. Composition. – The Section 5. Composition. – The Parliament shall
be composed of at least sixty (60) members, Parliament shall be composed of at least sixty be composed of at least eighty (80) members,
unless otherwise provided by the Parliament, (60) members, unless otherwise provided by unless otherwise provided by the Parliament,
who are representatives of political parties the Parliament, who are representatives of who are representatives of political parties
elected through a system of proportional political parties elected through a system of elected through a system of proportional
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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
representation, those elected from single proportional representation, those elected from representation, those elected from single
member districts and to reserved seats to single member districts and to reserved seats member districts and to reserved seats to
represent key sectors including women, to represent key sectors in the Bangsamoro represent key sectors in the Bangsamoro, except
indigenous people, labor sector, youth, Autonomous Region. The minimum number of as otherwise provided under this Article.
sultanates in the Bangsamoro Regional the Members of Parliament herein mentioned
Government, except as otherwise provided may be increased by the majority members of
under this Article. the Bangsamoro Transition Authority if the
present composition of the ARMM area has
been expanded.
SEC. 36. Classification And Allocation Of SEC. 37. Classification and Allocation of Section 6. Classification and Allocation of
Seats. – The seats in the Bangsamoro Seats. – The seats in the Bangsamoro Seats. – The seats in the Bangsamoro
Parliament shall be classified and allocated as Parliament shall be classified and allocated as Parliament shall be classified and allocated as
follows: follows: follows:
1. District seats. – Forty (40) members of 1) District Seats. – Forty percent (40%) of 1.) District Seats. – Forty percent (40%) of the
Parliament shall be elected from the Members of Parliament shall be Members of Parliament shall be elected
Parliamentary districts apportioned elected from single member from single member parliamentary
for the areas; parliamentary districts apportioned for districts apportioned for the areas and in
the areas. the manner provided in the Appendix of
this Basic Law.

The Bangsamoro Parliament may, by law,


undertake new redistricting in order to
ensure a more equitable representation of
the constituencies in the Bangsamoro
Parliament.
The district representatives shall be The district representatives shall be The district representatives shall be
elected through direct, plurality vote elected through direct, plurality vote by elected through direct, plurality vote by

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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
by the registered voters in the the registered voters in the the registered voters in the parliamentary
Parliamentary districts. parliamentary districts. districts.

2. Party representatives. – Eight (8) 2)Party Representatives. – Fifty percent 4) Party Representatives. – Fifty percent
members of Parliament shall be (50%) of the Members of Parliament (50%) of the Members of Parliament shall
representatives of political parties shall be representatives of political be representatives of political parties who
who win seats through a system of parties who win seats through a system win seats through a system of
proportional representation based on of proportional representation based on proportional representation based on the
the whole Bangsamoro geographical the whole Bangsamoro territory. Parties whole Bangsamoro territory. Parties shall
area. Parties shall submit their shall submit their respective list of submit their respective list of approved
respective list of approved candidates approved candidates prior to the candidates prior to the election.
prior to the election. election.
3. Reserved seats; sectoral3) Reserved Seats; Sectoral 5) Reserved Seats; Sectoral Representatives. –
representatives. – Sectoral Representatives. – Sectoral Sectoral representatives, constituting ten
representatives shall include at least representatives, constituting ten percent (10%) of the Members of
two (2) reserved seats each for Non- percent (10%) of the Members of Parliament, including two (2) reserved
Moro indigenous communities and Parliament, including two (2) reserved seats each for non-Moro indigenous
settler communities. Women, youth, seats each for Non-Moro indigenous people and settler communities. Women,
sultanates, and representative from people and settler communities and at youth, traditional leaders, and the ulama
labor sector shall also have a least one reserved seat each for women, shall also have one reserved seat each.
reserved seat. youth, traditional leaders, and the
ulama.
The Bangsamoro Parliament shall determine The Bangsamoro Parliament shall The Bangsamoro Parliament shall determine the
the manner of election of sectoral and other determine the manner of election of sectoral manner of election of sectoral and other
representation in the Parliament. and other representation in the Parliament. representation in the Parliament.

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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
SEC. 37. Election For Reserved Seats For SEC. 38. Election for Reserved Seats for Section 7. Election for Reserved Seats for
Non-Moro Indigenous Peoples. – Non-Moro Indigenous Peoples. – Non-Moro Indigenous Peoples. –
Notwithstanding the immediately preceding Notwithstanding the immediately preceding Notwithstanding the immediately preceding
section, reserved seats for the Non-Moro sections, reserved seats for the Non-Moro sections, reserved seats for the non-Moro
Indigenous Peoples, such as, Teduray, indigenous peoples, such as, but not limited indigenous peoples, such as, but not limited to,
Lambangian, Dulangan Manobo, B’laan and to, Teduray, Lambangian, Dulangan Manobo, Teduray, Lambangian, Dulangan Manobo,
Higaonon, shall be pursuant to their B’laan and Higaonon, shall be pursuant to B’laan and Higaonon, shall be pursuant to their
customary laws and indigenous processes their customary laws and indigenous customary laws and indigenous processes based
based on the following: processes based on the following: on the following:

a. primacy of customary laws and 1) Primacy of customary laws and 1) Primacy of customary laws and practices;
practices; practices;
b. primacy of consensus building; 2) Primacy of consensus building; 2) Primacy of consensus building;
c. acceptability of the community; 3) Acceptability of the community; 3) Acceptability of the community;
d. inclusivity and full participation; 4) Inclusivity and full participation; 4) Inclusivity and full participation;
e. representation of the collective 5) Representation of the collective 5) Representation of the collective interests
interests and aspirations of Non-Moro interests and aspirations of Non-Moro and aspirations of non-Moro indigenous
indigenous peoples; indigenous peoples; peoples;
f. sustainability and strengthening 6) Sustainability and strengthening of 6) Sustainability and strengthening of
of indigenous political structures; indigenous political structures; Indigenous Political Structures;
g. track record and capability; and 7) Track record and capability; and 7) Track record and capability; and
h. gender equity. 8) Gender equity. 8) Gender equity.

The two reserved seats shall have the same


rights and privileges as that of the regular
Members of the Parliament. In the same
manner, the Bangsamoro Regional

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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
Government shall provide at least one (1)
mandatory representation in all policy making
bodies and in local legislative councils.

Section 8. Election of the Representatives of


the Settlers, Women, Youth and Traditional
Leaders. - The Bangsamoro Transition Authority
(BTA) shall define the manner of election for the
representatives of the settlers, women, youth,
and traditional leaders.

SEC. 38. Regional Parties. – A free and open SEC. 39. Regional Parties. – A free and Section 9. Regional Parties. – A free and open
regional party system shall be allowed to open regional party system shall be allowed to regional party system shall be allowed to evolve
evolve according to the free choice of the evolve according to the free choice of the according to the free choice of the people.
people. Towards this end, only regional people. Towards this end, only regional Towards this end, only regional political parties
political parties duly accredited by the political parties duly accredited by the duly accredited by the Bangsamoro Electoral
Bangsamoro Autonomous Regional Electoral Bangsamoro Autonomous Region Electoral Office, as approved by the Commission on
Office (BAREO) may participate in the Office, as approved by the Commission on Election (COMELEC), may participate in the
Parliamentary elections in the Bangsamoro Election (COMELEC), may participate in the parliamentary elections in the Bangsamoro.
Autonomous Region. parliamentary elections in the Bangsamoro.

1) Section 10. Redistricting. – The Parliament


shall have the power to reconstitute, by law, the
parliamentary districts apportioned among the
provinces, cities, municipalities, and geographic
areas of the Bangsamoro to ensure equitable
representation in the Parliament. The
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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
redistricting, merging, or creation, of
parliamentary districts shall be based on the
number of inhabitants and additional provinces,
cities, municipalities, and geographic areas,
which shall become part of the territory of the
Bangsamoro Government.
For the purpose of redistricting, parliamentary
districts shall be apportioned based on
population and geographical area; Provided, that
each district shall comprise, as far as
practicable, contiguous, compact, and adjacent
territory, and should have at least a population
of one hundred thousand (100,000).

SEC. 40. Bangsamoro Autonomous Section 11. Bangsamoro Electoral Code. – The
Region Electoral Code. –There shall be a Bangsamoro Transition Authority shall enact the
Bangsamoro Autonomous Region Electoral Bangsamoro Electoral Code, which shall be
Code, which shall be correlated to national correlated to national election laws, insofar as
election laws, insofar as these are consistent these are consistent with this Basic Law. The
with this Basic Law. The electoral system shall electoral system shall allow democratic
allow democratic participation, ensure participation, ensure accountability of public
accountability of public officers primarily to officers primarily to their constituents, and
their constituents, and encourage formation of encourage formation of genuinely principled
genuinely principled political parties. political parties.

SEC. 39. Bangsamoro Autonomous Regional There is hereby created a Bangsamoro There is hereby created a Bangsamoro Electoral
Electoral Office (BAREO) – There is hereby Autonomous Region Electoral Office (BAREO) Office which shall be a part of the Commission

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(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
created a Bangsamoro Autonomous Regional under the COMELEC. on Elections, and which shall perform the
Electoral Office (BAREO) which shall be a part functions of the Commission on Elections in the
of the Commission on Elections (COMELEC), Bangsamoro.
and which shall be under the control and
supervision of COMELEC.

The BAREO shall be headed by the Regional The Bangsamoro Parliament shall The Bangsamoro Parliament shall submit a list
Election Director and assisted by the Assistant submit a list of three (3) recommendees to the of three (3) recommendees to the President, who
Regional Director and such other subordinate President, who shall choose and appoint from shall choose and appoint from among them the
officers or employees as the Commission may among them the Regional Director, who shall Director General, who shall head the Office. In
appoint. head the Office. In addition to enforcing addition to enforcing national election laws in
national election laws in the Bangsamoro the Bangsamoro, the Bangsamoro Electoral
The Commission may delegate its powers and Autonomous Region, the BAREO shall likewise Office shall likewise implement the Bangsamoro
functions or order the implementation or implement the Bangsamoro Electoral Code in Electoral Code enacted by Parliament in the
enforcement of its orders, rulings, or decisions the Bangsamoro Autonomous Region, and Bangsamoro, and shall perform the following
through the heads of its field offices. shall perform the following functions: functions:
1) Register and accredit regional political 1) Register and accredit regional political
parties; parties;

2) In relation to plebiscite for joining the 2) In relation to plebiscite for joining the
Bangsamoro Autonomous Region, Bangsamoro, receive
receive petitions/resolutions to join petitions/resolutions to join from
from geographic areas; geographic areas;

3) Schedule plebiscites for expansion; and 3) Schedule plebiscites for expansion; and

Prepare rules and regulations for Bangsamoro 4) Prepare rules and regulations for

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(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
Autonomous Region elections and plebiscites, Bangsamoro elections and plebiscites, for
for the promulgation of the COMELEC. the promulgation of the Commission on
Elections. All rules and regulations
governing Bangsamoro elections and
plebiscites shall emanate from the
Bangsamoro Electoral Office.

SEC. 40. Budget For The BAREO. – The SEC. 41. Budget for the Bangsamoro Section 12. Budget for the Bangsamoro
budget for the BAREO shall be included in the Autonomous Region Electoral Office. – Electoral Office. –Budget of the Electoral Office
appropriations of the COMELEC. Budget of the BAREO shall be part of the shall be submitted by the Bangsamoro Electoral
yearly budget of the COMELEC. Office to be part of the yearly budget of the
Commission on Elections.

SEC. 41. Term Of Office. - The term of office SEC. 42. Term of Office. The term of office of Section 13. Term of Office. The initial term of
of members of Parliament shall be three (3) the Members of the Parliament shall be three office of the Members of the Parliament shall be
years. No member shall serve for more than (3) years. three (3) years, without prejudice for the
three (3) consecutive terms. Bangsamoro Transition Authority (BTA) to
include in the Election Code a new term of office.

SEC. 42. Qualifications. - No person shall SEC. 43. Qualifications. – A Member of the Section 14. Qualifications. - No person shall
be a member of Parliament unless he or she is Parliament shall be a natural-born citizen of be a Member of Parliament unless he or she is a
a natural-born citizen of the Philippines, at the Philippines, at least twenty-five (25) years citizen of the Philippines, at least twenty-five
least twenty-five (25) years of age on the day of of age on the day of the election, able to read (25) years of age on the day of the election, able
the election, able to read and write, a and write, and a registered voter in the to read and write, and a registered voter in the
registered voter in the Bangsamoro Bangsamoro Autonomous Region. Bangsamoro.
Autonomous Region, and a resident thereof for
a period of not less than three years
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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
immediately preceding the day of the election.
For district representatives, he or she must be
a registered voter of the district in which he or
she is a candidate on the day he or she files
his or her certificate of candidacy, and has
resided in said district for at least three (3)
years immediately preceding the day of the
election. The youth representative shall not be The Youth representative shall not be less than
less than eighteen (18) years and not more eighteen (18) years and not more than forty (40)
than thirty (30) years of age at the time of the years of age at the time of his/her election.
representative’s election.
A district representative must be a For district representatives, he or she must be a
registered voter of the district in which the registered voter of the district in which he or she
representative is a candidate on the day the is a candidate on the day he or she files his or
certificate of candidacy is filed, and has her certificate of candidacy, and has resided in
resided in said district for at least three (3) said district for at least three (3) years
years immediately preceding the day of the immediately preceding the day of the election.
election.
For the first regular elections immediately
following the enactment of this Basic Law, the
abovementioned residency requirement shall be
reduced to one (1) year immediately preceding
the day of the election.

SEC. 43. Salaries Of Parliament Members. – A SEC. 44. Salaries of Parliament Members. – Section 15. Salaries of Parliament Members. –
member of the Parliament shall receive a The Bangsamoro Parliament shall receive a The Bangsamoro Parliament shall determine the
minimum monthly compensation minimum monthly compensation salaries and emoluments of its members. No

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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
corresponding to Salary Grade twenty-seven corresponding to salary grade 27 as prescribed increase in said compensation shall take effect
(27) as prescribed under RA No. 6758 or the under R.A. No. 6758 or the Salary until after the expiration of the full term of all
Salary Standardization Law and the Standardization Law and its implementing the members of the Bangsamoro Parliament
implementing guidelines issued pursuant guidelines. No increase in said compensation approving such increase.
thereto. No increase in said compensation shall take effect until after the expiration of
shall take effect until after the expiration of the full term of all the members of the For the first Bangsamoro Parliament, salaries
the full term of all the members of the Bangsamoro Parliament approving such and emoluments of its members shall be
Bangsamoro Parliament approving such increase. determined by law passed by the Bangsamoro
increase. Transition Authority (BTA).

Members of the Bangsamoro Parliament Members of the Bangsamoro Parliament shall


shall not receive during their tenure other not receive during their tenure other salary and
salary and emoluments from the Bangsamoro emoluments from the Bangsamoro Government
Regional Government or from the National or from the Central Government except as
Government except as provided by law or provided by law or regulations from the
regulations from the Bangsamoro Parliament. Bangsamoro Parliament.

SEC. 44. Disclosure. – Members of the SEC. 45. Disclosure. – Members of the Section 16. Disclosure. – Members of the
Bangsamoro Parliament shall, upon their Bangsamoro Parliament shall, upon their Bangsamoro Parliament shall, upon their
assumption to office, make full disclosure of assumption to office, make full disclosure of assumption to office, make full disclosure of
their financial and business interests, their financial and business interests, their financial and business interests, including
including those of their spouses and children. including those of their spouses and children. those of their spouses and children. They shall
They shall notify the Bangsamoro Parliament They shall notify the Bangsamoro Parliament notify the Bangsamoro Parliament of any
of any potential conflict of interest that may of any potential conflict of interest that may potential conflict of interest that may arise from
arise from the filing of bills or resolutions of arise from the filing of bills or resolutions of the filing of bills or resolutions of which they are
which they are authors. which they are authors. authors.

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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)

Any member found guilty of non-disclosure of


financial and business interest as required
under this Section may be subject to
disciplinary action by the Bangsamoro
Parliament in accordance with its rules and
without prejudice to his/her other liabilities
under the existing laws.

SEC. 45. Prohibition Against Conflict Of SEC. 46. Prohibition against Conflict of Section 17. Prohibition Against Conflict of
Interest. – The Chief Minister, Deputy Chief Interest. – The Chief Minister, Deputy Chief Interest. – The Chief Minister, Deputy Chief
Minister and all the members of the Ministers, and all the members of the Ministers, and all the members of the
Bangsamoro Parliament, during their term, Bangsamoro Parliament, during their term, Bangsamoro Parliament, during their term, shall
shall not engage, directly or indirectly, in any shall not engage, directly or indirectly, in any not engage, directly or indirectly, in any
business or commercial enterprise where there business or commercial enterprise where there business or commercial enterprise where there
may be a conflict of interest in the exercise of may be a conflict of interest in the exercise of may be a conflict of interest in the exercise of
the functions of their respective offices. the functions of their respective offices. the functions of their respective offices.

No member of the Bangsamoro Parliament No member of the Bangsamoro Parliament may


may personally appear as counsel before personally appear as counsel before courts of
courts of justice or quasi-judicial and other justice or quasi-judicial and other administrative
administrative bodies. Neither shall a member bodies. Niether shall the member directly or
directly or indirectly, be interested financially indirectly, be interested financially in any
in any contract with, or in any franchise or contract with, or in any franchise or special
special privilege granted by the National privilege granted by the Central Government or
Government or by the Bangsamoro Regional by the Bangsamoro Government or any
Government or any subdivision, agency or subdivision, agency or instrumentality thereof,

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(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
instrumentality thereof, including any including any government-owned-or-controlled
government-owned-or-controlled corporations corporations or its sudsidiary, during his or her
or its sudsidiary, during a member’s term of term of office. The member shall not intervene in
office. A member shall not intervene in any any manner before any office of the government
manner before any office of the government for for his or her pecuniary benefit or where he or
a member’s pecuniary benefit or where a she may be called upon to act on account of his
member may be called upon to act on account or her office.
of a member’s office.

SEC. 46. Forfeiture Of Seat. - A member of SEC. 47. Forfeiture of Seat. - A Member of Section 18. Forfeiture of Seat. - A Member of
Parliament shall forfeit his or her seat if: Parliament shall forfeit the member’s seat by Parliament shall forfeit his or her seat if:
any of the following means:
a. He/she resigns voluntarily in the form of 1) Voluntary resignation in the form of 1) He/she resigns voluntarily in the form of
either a written or oral declaration in the either a written or oral declaration in either a written or oral declaration in the
Parliament; the Parliament; Parliament;

b. He/she is convicted of a grave offense as 2) Conviction of a grave offense by a 2) He/she is convicted of a grave offense by a
stipulated in the house rules that the regular court or if found guilty of grave regular court or found guilty of grave
Bangsamoro Parliament will promulgate offense as defined by the Parliament offense as defined by the Parliament
pursuant to Art VII Sec. 48 of this Basic Rules, such as treason, high crimes, Rules, may be expelled by the
Law, or treason, high crimes, heinous heinous crimes, crimes against Bangsamoro Parliament through its
crimes, crimes against morality or other morality or other crimes punishable by Ethics Committee, e.g. treason, high
crimes punishable by more than six (6) more than six (6) years, he or she may crimes, heinous crimes, crimes against
years; be expelled by the Bangsamoro morality or other crimes punishable by
Parliament through its Ethics more than six (6) years;
Committee,
c. He/she becomes permanently physically 3) Permanent, physical or mental 3) He/she becomes permanently, physically,

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(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
or mentally incapacitated and is unable incapacity and inability to discharge or mentally incapacitated and is unable
to discharge his/her duties as member of the duties as Member of Parliament or to discharge his/her duties as Member of
Parliament or dies while in office; by death; Parliament or dies while in office;

d. He/she, having been elected under the 4) Having been elected under the 4) He/she, having been elected under the
proportional representation system, is proportional representation system, by proportional representation system, is
replaced by the party to which he/she replacement by the party to which a replaced by the party to which he/she
belongs with another member of said member belongs with another member belongs with another member of said
party; and of said party or by transfer to another party;
party during a member’s incumbency
as Member of Parliament; and
e. He/she, having been elected under the 5) He/she, having been elected under the
proportional representation system, proportional representation system,
transfers to another party during his/her transfers to another party during his/her
incumbency as member of Parliament; incumbency as Member of Parliament;
and
5) Such other grounds as may be provided 6) Such other grounds as may be provided in
in the Bangsamoro Autonomous Region the Bangsamoro Electoral Code as
Electoral Code. provided under Article VII, Section 11
hereof.

SEC. 47. Filling Of Vacancy. – In case of a SEC. 48. Filling of Vacancy. – In case of a Section 19. Filling of Vacancy. – In case of a
vacancy of a proportional representation seat, vacancy of a proportional representation seat, vacancy of a proportional representation seat,
the party to which that seat belongs shall fill the party to which that seat belongs shall fill the party to which that seat belongs shall fill the
the vacancy. the vacancy. vacancy.

In case of a vacancy in the seat occupied by an In case of a vacancy of a district seat by In case of a vacancy of a district seat by an

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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
unaffiliated member of Parliament, a special an affiliated Member of Parliament, the party affiliated Member of Parliament, his/her party
election may be called to fill such vacancy in shall nominate a replacement within thirty shall nominate a replacement within thirty (30)
the manner prescribed by law enacted by (30) days from the occurrence of such days from the occurrence of such vacancy, and
Parliament. vacancy, and the said nominee shall be the said nominee shall be appointed by the Chief
appointed by the Chief Minister. Minister.

In case of a vacancy in the seat occupied In case of a vacancy in the seat occupied by an
by an unaffiliated Member of Parliament, unaffiliated Member of Parliament, occurring at
occurring at least one (1) year before the least one (1) year before the expiration of the
expiration of the term of office, a special term of office, a special election may be called to
election may be called to fill such vacancy in fill such vacancy in the manner prescribed by
the manner prescribed by law enacted by law enacted by Parliament.
Parliament.
The appointee or elected member of The appointee or elected Member of The appointee or elected Member of Parliament,
Parliament, as the case may be, shall serve the Parliament, as the case may be, shall serve the as the case may be, shall serve the unexpired
unexpired term of the vacated office. unexpired term of the vacant office. term of the vacant office.

SEC. 48. Privileges And Immunities. – No SEC. 49. Privileges and Immunities. – No Section 20. Privileges and Immunities. – No
member of the Bangsamoro Parliament may be member of the Bangsamoro Parliament may be member of the Bangsamoro Parliament may be
arrested while the Bangsamoro Parliament is arrested while the Bangsamoro Parliament is arrested while the Bangsamoro Parliament is in
in session, except for crimes punishable by in session, except for crimes punishable by session, except for crimes punishable by more
more than six (6) years of imprisonment. The more than six (6) years of imprisonment. The than six (6) years of imprisonment. The
members of the Bangsamoro Parliament may members of the Bangsamoro Parliament may members of the Bangsamoro Parliament may not
not be questioned in any other place or held not be questioned in any other place or held be questioned in any other place or held liable
liable for any speech or debate delivered in the liable for any speech or debate delivered in the for any speech or debate delivered in the
Bangsamoro Parliament sessions or meetings Bangsamoro Parliament sessions or meetings Bangsamoro Parliament sessions or meetings of
of its committees. of its committees. its committees.

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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
SEC. 49. Sessions Of The Bangsamoro SEC. 50. Sessions of the Bangsamoro Section 21. Sessions of the Bangsamoro
Parliament. – The Bangsamoro Parliament Parliament. – The Bangsamoro Parliament Parliament. – The Bangsamoro Parliament shall
shall conduct its regular session once every shall conduct its regular session once every conduct its regular session once every year
year starting on the 15th of June up to thirty year starting on the 15th of July up to thirty starting on the 15th of June up to thirty (30)
(30) days before the opening of its next regular (30) days before the opening of its next regular days before the opening of its next regular
session. A special or emergency session may session. A special or emergency session may session. A special or emergency session may be
be called by the Speaker, upon the request of be called by the Speaker, upon the request of called by the Speaker, upon the request of the
the Chief Minister or by a majority of the the Chief Minister or by a majority of the Chief Minister or by a majority of the members
members of the Bangsamoro Parliament. members of the Bangsamoro Parliament. of the Bangsamoro Parliament.

SEC. 50. Officers Of The Bangsamoro SEC. 51. Officers of the Bangsamoro Section 22. Officers of the Bangsamoro
Parliament. – On the first session following Parliament. – On the first session following Parliament. – On the first session following their
their election, the members of the Bangsamoro their election, the members of the Bangsamoro election, the members of the Bangsamoro
Parliament shall, in open session, elect by a Parliament shall, in open session, elect by a Parliament shall, in open session, elect by a
simple majority vote from all its members the simple majority vote from all its members a simple majority vote from all its members the
Speaker, a Deputy Speaker, and the other Speaker, Deputy Speaker, and the other Speaker, a Deputy Speaker, and the other
officers of the Bangsamoro Parliament as the officers of the Bangsamoro Parliament as the officers of the Bangsamoro Parliament as the
house rules of the Bangsamoro Parliament Parliament Rules of the Bangsamoro Parliament Rules of the Bangsamoro Parliament
may provide. Parliament may provide. may provide.

In case of death, removal, resignation, or In case of death, removal, resignation, or In case of death, removal, resignation, or
permanent disability or legal incapacity of the permanent disability or legal incapacity of the permanent disability or legal incapacity of the
speaker, the deputy speaker shall act as Speaker, the Deputy Speaker shall act as Speaker, the Deputy Speaker shall act as
speaker until a new speaker shall have been Speaker until a new Speaker shall have been Speaker until a new Speaker shall have been
elected by the Bangsamoro Parliament. elected by the Bangsamoro Parliament. elected by the Bangsamoro Parliament.

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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
SEC. 51. Presiding Officer. – The speaker, SEC. 52. Presiding Officer. – The Speaker, Section 23. Presiding Officer. – The Speaker,
deputy speaker, or any other person presiding Deputy Speaker, or any other person presiding Deputy Speaker, or any other person presiding
over the Bangsamoro Parliament shall: over the Bangsamoro Parliament shall: over the Bangsamoro Parliament shall:

a. be independent;
b. serve to secure the honor and dignity of 1) Serve to secure the honor and dignity of 1) Serve to secure the honor and dignity of
the Bangsamoro Parliament; the Bangsamoro Parliament; the Bangsamoro Parliament;
c. be responsible for ensuring – (i) the rights 2) Be responsible for ensuring – (i) the 2) Be responsible for ensuring – (i) the rights
and privileges of all members; and (ii) rights and privileges of all members; and privileges of all members; and (ii)
public access to the proceeding of the and (ii) public access to the proceeding public access to the proceeding of the
Bangsamoro Parliament and its of the Bangsamoro Parliament and its Bangsamoro Parliament and its
committees; committees; committees;
d. have the authority and moral ascendancy 3) Have the authority and moral 3) Have the authority and moral ascendancy
to maintain order and decorum in the ascendancy to maintain order and to maintain order and decorum in the
Bangsamoro Parliament, in accordance decorum in the Bangsamoro Bangsamoro Parliament, in accordance
with its house rules; and Parliament, in accordance with its with its Parliamentary Rules; and
Parliamentary Rules; and
e. act impartially, and without fear, favor 4) Act impartially, and without fear, favor, 4) Act impartially, and without fear, favor,
and prejudice. and prejudice. and prejudice.

SEC. 52. Rules Of Procedure. – The SEC. 53. Rules of Procedure. – The Section 24. Rules of Procedure. – The
Bangsamoro Parliament shall adopt its house Bangsamoro Parliament shall adopt its Bangsamoro Parliament shall adopt its
rules for the conduct of its business. Parliamentary Rules for the conduct of its Parliamentary Rules for the conduct of its
business. business.

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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
SEC. 53. Proceedings. – A majority of all the SEC. 54. Proceedings. – A majority of Section 25. Proceedings. – A majority of all the
members of the Bangsamoro Parliament shall all the members of the Bangsamoro members of the Bangsamoro Parliament shall
constitute a quorum to do business. The Parliament shall constitute a quorum to do constitute a quorum to do business. The
legislative proceedings in the Bangsamoro business. The legislative proceedings in the legislative proceedings in the Bangsamoro
Parliament shall be recorded in its original Bangsamoro Parliament shall be recorded in Parliament shall be recorded in its original form
form and translated in the Filipino, Arabic and its original form and translated in the Filipino, and translated in the Filipino, Arabic, and
English languages. Unless otherwise provided Arabic, and English languages. Unless English languages. Unless otherwise provided by
by law or the house rules of the Bangsamoro otherwise provided by law or the Rules of the law or the Parliamentary Rules of the
Parliament, the members of the Bangsamoro Bangsamoro Parliament, the members of the Bangsamoro Parliament, the members of the
Parliament may use any of the commonly Bangsamoro Parliament may use any of the Bangsamoro Parliament may use any of the
understandable native dialect during commonly understandable native languages commonly understandable native languages
legislative deliberations during legislative deliberations. during legislative deliberations.

SEC. 54. General Welfare. – The Bangsamoro SEC. 55. General Welfare. – The Section 26. General Welfare. – The
Parliament shall pass laws that promote the Bangsamoro Parliament shall pass laws that Bangsamoro Parliament shall pass laws that
general welfare of the inhabitants in the promote the general welfare of the people in promote the general welfare of the people in the
Bangsamoro Autonomous Region. the Bangsamoro Autonomous Region. Bangsamoro.

SEC. 55. Appropriations. – No public money SEC. 56. Appropriations. – No public money Section 27. Appropriations. – No public money
shall be spent without an appropriations Act may be spent without an appropriations act may be spent without an appropriations act
clearly defining the purpose for which it is clearly defining the public purpose for which it clearly defining the purpose for which it is
intended. The Bangsamoro Parliament shall is intended. The Bangsamoro Parliament shall intended. The Bangsamoro Parliament shall
pass an Annual Appropriations Law. pass an annual appropriations law. pass an annual appropriations law.

SEC. 56. Budget. – The form, content, and SEC. 57. Budget. – The form, content, and Section 28. Budget. – The form, content, and
manner of preparation of the Bangsamoro manner of preparation of the Bangsamoro manner of preparation of the Bangsamoro
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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
Regional Government budget shall be Autonomous Region Budget shall be Budget shall be prescribed by law enacted by
prescribed by law enacted by the Bangsamoro prescribed by law enacted by the Bangsamoro the Bangsamoro Parliament. pending the
Parliament. Pending the enactment of such Parliament pending the enactment of such enactment of such law, the budgeting process
law, the budgeting process shall be governed law, the budgeting process shall be governed shall be governed by existing laws, rules, and
by existing laws, rules, and regulations on by existing laws, rules, and regulations on regulations on budget.
budget. budget.
For this purpose, the Parliament shall For this purpose, the Parliament shall create a
create a Bangsamoro Autonomous Region Bangsamoro Budget Office.
Budget Office.

SEC. 57. Reenacted Budget. - If, by the end of SEC. 58. Reenacted Budget. - If, by the end Section 29. Reenacted Budget. - If, by the end
a fiscal year, the Bangsamoro Parliament shall of a fiscal year, the Bangsamoro Parliament of a fiscal year, the Bangsamoro Parliament
have failed to pass the Bangsamoro Regional shall have failed to pass the Bangsamoro shall have failed to pass the Bangsamoro
Government appropriations bill for the Autonomous Region appropriations bill for the appropriations bill for the ensuing fiscal year,
ensuing fiscal year, the Bangsamoro ensuing fiscal year, the Bangsamoro the Bangsamoro Appropriations Act for the
Appropriations Act for the preceding year shall Autonomous Region Appropriations Act for the preceding year shall be deemed automatically
be deemed automatically reenacted and shall preceding year shall be deemed automatically reenacted and shall remain in force and effect
remain in force and effect until a new reenacted and shall remain in force and effect until a new Bangsamoro appropriations law is
Bangsamoro Appropriations Law is enacted by until a new Bangsamoro Autonomous Region enacted by Parliament.
Parliament. appropriations law is enacted by Parliament.

EXECUTIVE OFFICERS Executive Officers Executive Officers

SEC. 58. Qualifications Of The Chief Minister. SEC. 59. Qualifications of the Chief Section 30. Qualifications of the Chief
– No person shall be elected as the Chief Minister. – The Chief Minister shall be at least Minister. – No person may be elected as the
Minister unless he/she is a natural born forty (40) years of age at the time of the Chief Minister unless he/she is at least twenty-
citizen of the Philippines, is at least twenty-five election, a bona fide resident of the five (25) years of age at the time of the election, a
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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
(25) years of age at the time of the election, a Bangsamoro Autonomous Region for three (3) bona fide resident of the Bangsamoro for three
bona fide resident of the Bangsamoro years immediately preceding the day of the (3) years immediately preceding the day of the
Autonomous Region for three (3) years elections, and with proven competence and elections, and with proven competence and
immediately preceding the day of the elections, probity, mental fitness, and with known probity, mentally fit, and known for his/her
registered voter, able to read and write and integrity and high moral standards. integrity and high moral standards.
with proven competence and probity, mentally
fit, and known for his/her integrity and high For the first election of the Chief Minister
moral standards. immediately following the enactment of this
Basic Law, the abovementioned residency
requirement shall be reduced to one (1) year
immediately preceding the day of the election.
SEC. 59. Election Of The Chief Minister. – On SEC. 60. Election of the Chief Minister. – Section 31. Election of the Chief Minister. –
the inaugural session of the Bangsamoro On the inaugural session of the Bangsamoro On the inaugural session of the Bangsamoro
Parliament following their elections, the Parliament following their elections, the Parliament following their elections, the
Members of the Parliament shall, in open Members of the Parliament shall, in open members of the Parliament shall, in open
session, elect the Chief Minister by a majority session, elect the Chief Minister by a majority session, elect the Chief Minister by a majority
vote of all its members. vote of all its members. vote of all its members.
If no member of Bangsamoro Parliament If no member of Bangsamoro Parliament If no member of Bangsamoro Parliament obtains
obtains the majority vote necessary to be obtains the majority vote necessary to be the majority vote necessary to be elected Chief
elected Chief Minister in the first round of elected Chief Minister in the first round of Minister in the first round of voting, a runoff
voting, a runoff election shall be conducted. In voting, a runoff election shall be conducted. In election shall be conducted. In such case, the
such case, the members of Bangsamoro such case, the members of Bangsamoro members of Bangsamoro Parliament shall elect
Parliament shall elect the Chief Minister from Parliament shall elect the Chief Minister from the Chief Minister from the two (2) candidates
the two (2) candidates who obtained the the two (2) candidates who obtained the who obtained the highest number of votes cast
highest number of votes cast in the first highest number of votes cast in the first in the first round.
round. There shall be no abstentions allowed round.
in the runoff election.

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SEC. 61. Powers, Duties, and Functions of
SEC. 60. Powers, Duties And Functions Of The Section 32. Powers, Duties and Functions of
the Chief Minister. - Unless otherwise
Chief Minister. - Unless otherwise provided by the Chief Minister. - Unless otherwise provided
law, the Chief Minister shall exercise the provided by law, the Chief Minister shall by law, the Chief Minister shall exercise the
following powers, duties and functions: exercise the following powers, duties, and following powers, duties and functions:
functions:
a. head the Bangsamoro Regional 1) Head the government of the 1) Heads the government of the Bangsamoro;
Government; Bangsamoro Autonomous Region;
b. appoint heads of ministries, agencies, 2) Appoint heads of ministries, agencies, 2) Appoints heads of ministries, agencies,
bureaus, offices of the Bangsamoro bureaus, and offices of the Bangsamoro bureaus, and offices of the Bangsamoro
Regional Government; Regional Government; Government or other officers of
Bangsamoro owned and/or controlled
corporations or entities with original
charters;
c. appoint other officers in the Bangsamoro 3) Appoint other officers in the 3) Appoints other officers in the Bangsamoro
Regional Government, as may be provided Bangsamoro Regional Government, as Government, as may be provided by the
by the Parliament; may be provided by the Parliament; Parliament;

d. formulate platform of government subject 4) Formulate platform of government 4) Formulates platform of government
to approval by the Parliament; subject to approval by the Parliament; subject to approval by the Parliament;

e. issue executive orders and other policies 5) Issue executive orders and other policies 5) Issues executive orders and other policies
of the Bangsamoro Regional Government; of the Bangsamoro Regional of the Bangsamoro Government;
Government;
f. represent the government of the 6) Represent the Bangsamoro Regional 6) Represents the government of the
Bangsamoro in affairs outside the Government in affairs outside the Bangsamoro in affairs outside the
Bangsamoro Autonomous Region; and Bangsamoro Autonomous Region; and Bangsamoro; and

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g. exercise such other powers and functions 7) Exercises such other powers and 7) Exercises such other powers and
inherent to the position. functions inherent to the position. functions inherent to the position.

SEC. 61. Administration of Oath Of The Chief Section 33. Administration of Oath of the
Minister. The President of the Republic of the Chief Minister. – The Wali shall administer the
Philippines shall administer the oath of office oath of office of all the Members of Parliament,
of all the members of Parliament, including the including the Chief Minister upon his/her
Chief Minister upon his/her election. election.

SEC. 62. Ex-officio Membership. - The Chief SEC. 62. Ex-Officio Membership. - The Chief Section 34. Ex-Officio Membership. - The
Minister shall be an ex-officio member of the Minister shall be an ex-officio member of the Chief Minister shall be an ex-officio member of
National Security Council (NSC) and National National Security Council (NSC) on matters the National Security Council (NSC) on matters
Economic and Development Authority Board concerning the Bangsamoro Regional concerning the Bangsamoro and of the National
(NEDA), on matters concerning the Government and of the National Economic and Economic and Development Authority Board
Bangsamoro Autonomous Region. Development Authority Board (NEDA). (NEDA).

SEC. 63. The Deputy Chief Minister. - The SEC. 63. Deputy Chief Ministers. – There Section 35. Deputy Chief Ministers. – There
Deputy Chief Minister shall be appointed by shall be two (2) Deputy Chief Ministers to be shall be two (2) Deputy Chief Ministers to be
the Chief Minister from among the Members of appointed by the Chief Minister, as nominated appointed by the Chief Minister, as nominated
the Parliament and may hold a cabinet by members of Parliament from among by members of Parliament from among
position. themselves. themselves.

In case of death permanent disability, removal, For the purpose of shared leadership, For the purpose of shared leadership, the
resignation or incapacity of the Chief Minister, the Bangsamoro Autonomous Region shall Bangsamoro shall have three (3) sub-regions,
the Deputy Chief Minister shall temporarily have three (3) zones namely, South Western namely, South Western Mindanao, North
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No. 200, Sponsored by Sen. Marcos) (BTC version)
act as the Chief Minister until the Parliament Mindanao, North Central Mindanao, and Central Mindanao, and South Central
shall have elected a new Chief Minister. Said South Central Mindanao, all within the Mindanao, all within the Bangsamoro. To ensure
election shall be held within thirty (30) days Bangsamoro Autonomous Region, as may be representation of all the sub-regions, the two (2)
from the occurrence of the vacancy. determined by the Bangsamoro Parliament. To Deputy Chief Ministers shall come from the
ensure representation of all the zones, the two other two (2) sub-regions different from that of
(2) Deputy Chief Ministers shall come from the the Chief Minister.
other two (2) zones different from that of the
Chief Minister. The coverage of each sub-region, for purposes of
this provision, shall be determined by
Parliament and shall be adjusted accordingly to
include other areas based on results of the
periodic plebiscite.

The Deputy Chief Ministers may each hold a The Deputy Chief Ministers may each hold a
cabinet position. cabinet position.

In case of death, removal, resignation, or In case of death, removal, resignation, or


incapacity of the Chief Minister, the Deputy incapacity of the Chief Minister, the Deputy
Chief Minister more senior in age shall Chief Minister, more senior in age, shall
temporarily act as the Chief Minister until the temporarily act as the Chief Minister until the
Parliament shall have elected a new Chief Parliament shall have elected a new Chief
Minister. Said election shall be held within Minister. Said election shall be held within thirty
thirty (30) days from the occurrence of the (30) days from the occurrence of the vacancy.
vacancy.

SEC. 64. Election Of A New Chief Minister - SEC. 64. Call for a New Bangsamoro Section 36. Call for a New Bangsamoro
Upon a two-thirds (2/3) vote of no confidence Parliament Election. – Within seventy-two Parliament Election. – Within seventy-two (72)

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of all members of Parliament against the (72) hours upon a two-thirds (2/3) vote of no hours upon a two-thirds (2/3) vote of no
government of the day, the position of Chief confidence of all Members of Parliament confidence of all members of Parliament against
Minister shall be considered vacant, and the against the government of the day, the the government of the day, the Chief Minister
members of the Parliament shall elect a new Members of the Parliament shall thereafter shall advise the Wali to dissolve the Parliament
Chief Minister by a majority vote of all its dissolve the parliament and call for a new and call for a new parliamentary election. In no
members, in accordance with the procedure in parliamentary election. The date of the election case shall the Wali countermand the advice of
Sec. 58. shall, in no case, be later than one hundred the Chief Minister.
The incumbent members of the Cabinet shall twenty (120) days from the date of dissolution.
continue to conduct the affairs of the The Wali shall call for election of a new
Bangsamoro Regional Government until a new Bangsamoro Parliament on a date not later than
Chief Minister is elected and has qualified, and one hundred twenty (120) days from the date of
has appointed members of the cabinet. dissolution.

In case of dissolution, the incumbent In case of dissolution, the incumbent Chief


Chief Minister and the Cabinet shall continue Minister and the Cabinet shall continue to
to conduct the affairs of the Bangsamoro conduct the affairs of the Bangsamoro
Regional Government until a new Parliament Government until a new Parliament is convened
is convened and a Chief Minister is elected and a Chief Minister is elected and has qualified.
and has qualified.

Article VIII
WALI

Section 1. Appointment of Wali. - Consistent


with the parliamentary form of government,
there shall be a Wali who shall serve as the
ceremonial head of the Bangsamoro.

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The Bangsamoro Parliament shall issue a


resolution reflecting its consensus on the
selection of the Wali from a list of names of
eminent residents of the Bangsamoro submitted
by the Council of Leaders.
Section 2. Qualifications of Wali. - The Wali
must possess the following qualifications at the
time of his nomination:

1. Able to read and write in English or


Arabic;

2. At least 40 years old;

3. A resident of the Bangsamoro for at least


15 years;
4. Respected in the community;

5. Reputable and of unquestionable integrity


and moral ascendency; and

6. Has not been found guilty of any crimal or


administrative offense by any court or
quasi-judicial bodies.

Section 3. Ceremonial Duties of Wali. - The

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Wali shall only take on ceremonial functions,
such as opening the Parliament, administration
of oath of officers, dissolving the Parliament,
calling for election of a new Bangsamoro
Parliament as provided for in Article VII, Section
36 of this law, and attendance to public
ceremonies.

Section 4. Term of Office of Wali. - The first


Wali shall be appointed by the Bangsamoro
Transition Authority through a resolution
reflecting its consensus on the selection of the
Wali, who then shall hold office for three (3)
years. Each succeeding Wali shall have a 6-year
term.

Provided that the appointed Wali shall continue


until such time that the succeeding Wali is
appointed and has assumed office.

Section 5. Allowances of the Wali. - The first


Wali shall receive allowances in such amount as
may be determined by the Bangsamoro
Transition Authority. The allowances of the Wali
subsequently chosen shall be determined by the
Bangsamoro Parliament.

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Such allowances shall be sourced from the
funds of the Bangsamoro Government and shall
be provided for in its annual appropriations law.

ARTICLE VIII Article VIII Article IX


BASIC RIGHTS BASIC RIGHTS BASIC RIGHTS

SEC. 65. Basic Rights In The Bangsamoro SEC. 65. Basic Rights in the Section 1. Basic Rights in the Bangsamoro. –
Autonomous Region. – In addition to the basic Bangsamoro. – In addition to the basic rights In addition to the basic rights already enjoyed by
rights already enjoyed by the inhabitants already enjoyed by the citizens residing in the the citizens residing in the Bangsamoro, the
residing in the Bangsamoro Autonomous Bangsamoro Autonomous Region, the Bangsamoro Government shall guarantee the
Region, the Bangsamoro Regional Government Bangsamoro Regional Government shall following enforceable rights:
shall guarantee the following enforceable guarantee the following enforceable rights:
rights:
a. right to life and to inviolability of one’s 1) Right to life and to inviolability of one’s 1) Right to life and to inviolability of one’s
person and dignity; person and dignity; person and dignity;
b. right to freedom and expression of 2) Right to freedom and expression of 2) Right to freedom and expression of religion
religion and beliefs; religion and beliefs; and beliefs;
c. right to privacy; 3) Right to privacy; 3) Right to privacy;
d. right to freedom of speech; 4) Right to freedom of speech; 4) Right to freedom of speech;
e. right to express political opinion and 5) Right to express political opinion and 5) Right to express political opinion and
pursue democratically political pursue democratically political pursue democratically political
aspirations; aspirations; aspirations;
f. right to seek constitutional change by 6) Right to seek constitutional change by 6) Right to seek constitutional change by
peaceful and legitimate means; peaceful and legitimate means; peaceful and legitimate means;
g. right of women to meaningful political 7) Right of women to meaningful political 7) Right of women to meaningful political

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participation and protection from all participation and protection from all participation and protection from all
forms of violence; forms of violence; forms of violence;
h. right to freely choose one’s place of 8) Right to freely choose one’s place of 8) Right to freely choose one’s place of
residence and the inviolability of the residence and the inviolability of the residence and the inviolability of the
home; home; home;
i. right to equal opportunity and non- 9) Right to equal opportunity and non- 9) Right to equal opportunity and non-
discrimination in social and economic discrimination in social and economic discrimination in social and economic
activity and the public service, activity and the public service, activity and the public service, regardless
regardless of class, creed, disability, regardless of class, creed, disability, of class, creed, disability, gender and
gender and ethnicity; gender and ethnicity; ethnicity;
j. right to establish cultural and religious
10) Right to form cultural and religious 10) Right to form cultural and religious
associations; associations; associations;
k. right to freedom from religious, ethnic 11) Right to freedom from religious, ethnic, 11) Right to freedom from religious, ethnic,
and sectarian harassment; and sectarian harassment; and sectarian harassment;
l. right to redress of grievances and due 12) Right to redress of grievances and due 12) Right to redress of grievances and due
process of law; and process of law; and process of law; and
m. right to free public education in the 13) Right to free public basic education 13) Right to free public basic education
elementary and high school levels; (K+12), tertiary education, and (K+12), tertiary education, and madrasah
madrasah education. education.
The Bangsamoro Parliament may pass laws for The Bangsamoro Parliament shall pass a The Bangsamoro Parliament shall pass a law for
the promotion and protection of the above- law for the promotion and protection of the the promotion and protection of the above-
enumerated rights. above-enumerated rights. enumerated rights.

SEC. 66. Human Rights. – All laws and


policies, including customary laws, shall
conform to international human rights and
humanitarian standards. The rights under the

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No. 200, Sponsored by Sen. Marcos) (BTC version)
International Covenant on Economic, Social
and Cultural Rights (ICESCR), the
International Covenant on Civil and Political
Rights (ICCPR), Convention on the Elimination
of All Forms of Discrimination Against Women
(CEDAW) and other international human
rights instruments shall be guaranteed by the
Bangsamoro Regional Government.

SEC. 67. Vested Property Rights. – Titles SEC. 66. Vested Property Rights. – Vested Section 2. Vested Property Rights. – Vested
secured under the torrens system, and rights property rights shall be recognized and property rights shall be recognized and
already vested under the provisions of existing respected; Provided, that legitimate grievances respected; Provided, that legitimate grievances of
laws shall be respected. of the Bangsamoro people arising from any the Bangsamoro people arising from any unjust
unjust dispossession of their territorial and dispossession of their territorial and proprietary
With respect to legitimate grievances of the proprietary rights, customary land tenure, or rights, customary land tenure, or their
inhabitants in the Bangsamoro Autonomous their marginalization shall be duly marginalization shall be duly acknowledged and
Region arising from any unjust dispossession acknowledged and given due course; Provided given due course; Provided further, that
of their territorial and proprietary rights, further, That whenever restoration is no longer whenever restoration is no longer possible, the
customary land tenure or their marginalization possible, the National Government and Central Government and Bangsamoro
shall be acknowledged. The National Bangsamoro Regional Government shall take Government shall take effective measures for
Government and Bangsamoro Regional effective measures for adequate reparation of adequate reparation of the loss in such quality,
Government shall take effective measures for the loss in such quality, quantity, and status quantity, and status collectively beneficial to the
adequate reparation of the loss in such collectively beneficial to the Bangsamoro Bangsamoro people, and to be determined
quality, quantity and status collectively people. mutually by both Governments.
beneficial to the inhabitants in the
Bangsamoro Autonomous Region, and to be
determined pursuant to the 1987 Philippine

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Constitution and existing laws.

SEC. 68. Transitional Justice. – The National SEC. 67. Transitional Justice. – There shall Section 3. Transitional Justice. – There shall
Government with the Bangsamoro Regional be created a transitional justice mechanism to be created a transitional justice mechanism to
Government shall create a transitional justice address the legitimate grievances of the address the legitimate grievances of the
mechanism to address the legitimate Bangsamoro people, including the Indigenous Bangsamoro people, including the indigenous
grievances of the inhabitants in the Peoples, such as historical injustices, human peoples, such as historical injustices, human
Bangsamoro Autonomous Region, such as rights violations, marginalization through rights violations, marginalization through unjust
historical injustices, human rights violations, unjust dispossession of their territorial and dispossession of their territorial and proprietary
marginalization through unjust dispossession proprietary rights and customary land tenure. rights and customary land tenure.
of their territorial, sacred places and
proprietary rights and customary land tenure. The report of the Transitional Justice The report of the Transitional Justice and
and Reconciliation Commission (TJRC) shall Reconciliation Commission (TJRC) shall be
be taken into consideration in the creation of taken into consideration in the creation of said
said mechanism. mechanism.

SEC. 69. Indigenous People’s Rights. – The SEC. 68. Indigenous Peoples’ Rights. – The Section 4. Indigenous Peoples’ Rights. – The
Bangsamoro Regional Government recognizes Bangsamoro Regional Government recognizes Bangsamoro Government recognizes the rights
the rights of the indigenous peoples and other the rights of the indigenous peoples, and shall of the indigenous peoples, and shall adopt
Non-Moro inhabitants and shall adopt adopt measures for the promotion and measures for the promotion and protection of
measures for the promotion and protection of protection of their rights, the right to their their rights, the right to their native titles and/or
their rights, respect for their cultural identity, native titles and/or fusaka inged, indigenous fusaka inged, indigenous customs and
the right to basic services, the right to internal customs and traditions, justice systems and traditions, justice systems and indigenous
self-determination, the right to their native indigenous political structures, the right to an political structures, the right to an equitable
titles and/or fusaka inged, indigenous equitable share in revenues from the share in revenues from the utilization of
customs and traditions, justice systems and utilization of resources in their ancestral resources in their ancestral lands, the right to
indigenous political structures, the right to an lands, the right to free and prior informed free and prior informed consent, the right to
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equitable share in revenues from the consent, the right to political participation in political participation in the Bangsamoro
utilization of resources in their ancestral the Bangsamoro Regional Government Government including reserved seats for the
lands, the right to free and prior informed including reserved seats for the Non-Moro non-Moro indigenous peoples in the
consent. They shall have the right to political indigenous peoples in the Bangsamoro Bangsamoro Parliament, the right to basic
participation in the Bangsamoro Regional Parliament, the right to basic services, and the services, and the right to freedom of choice as to
Government including reserved seats for the right to freedom of choice as to their identity their identity consistent with the United Nations
indigenous peoples in the Bangsamoro consistent with the United Nations Declaration Declaration of the Rights of Indigenous Peoples
Parliament. of the Rights of Indigenous Peoples and the and the United Nations Declaration on Human
United Nations Declaration on Human Rights Rights and subsisting laws on indigenous
and subsisting laws on Indigenous Peoples in peoples in the Bangsamoro.
the Bangsamoro Autonomous Region.

SEC. 70. Sultanate’s Rights – The


Bangsamoro Regional Government recognizes
the rights of sultanates, especially in areas
where sultans are accredited and recognized
by their Tarib, Igma and Customary laws. It
shall adopt measures for the promotion and
protection of the sultanates’ rights, including
their right to their traditional native title of
sultanship, their right to political participation
in the Bangsamoro Regional Government,
including reserved seats in the Parliament.
SEC. 71. Customary Rights And Traditions. – SEC. 69. Customary Rights and Traditions. Section 5. Customary Rights and Traditions.
The customs, beliefs and traditions of the – The customs, beliefs, and traditions of the – The customs, beliefs, and traditions of the
people in the Bangsamoro Autonomous Region people in the Bangsamoro Autonomous Region people in the Bangsamoro are hereby
are hereby recognized, protected and are hereby recognized, protected and recognized, protected and guaranteed.
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guaranteed. guaranteed.

The Bangsamoro Parliament shall adopt The Bangsamoro Parliament shall adopt The Bangsamoro Parliament shall adopt
measures to ensure mutual respect and measures to ensure mutual respect and measures to ensure mutual respect and
protection of the distinct beliefs, customs and
protection of the distinct beliefs, customs, and protection of the distinct beliefs, customs, and
traditions of the inhabitants in the
traditions of the Bangsamoro people and the traditions of the Bangsamoro people and the
Bangsamoro Autonomous Region. other inhabitants in the Bangsamoro other inhabitants in the Bangsamoro.
Autonomous Region.
No person in the Bangsamoro Autonomous No person in the Bangsamoro No person in the Bangsamoro shall be subjected
Region shall be subjected to any form of Autonomous Region shall be subjected to any to any form of discrimination on account of
discrimination on account of creed, religion, form of discrimination on account of creed, creed, religion, ethnic origin, parentage, nor sex.
ethnic origin, parentage, or sex. religion, ethnic origin, parentage, nor sex.

SEC. 70. Human Rights. – The Bangsamoro Section 6. Human Rights. – The Bangsamoro
Regional Government guarantees full respect Government guarantees full respect for human
for human rights. All laws and policies, rights.
including customary laws, shall conform to All laws and policies, including customary laws,
international human rights and humanitarian shall conform to international human rights and
standards. The rights under the International humanitarian standards. The rights under the
Covenant on Economic, Social and Cultural International Covenant on Economic, Social and
Rights (ICESCR), the International Covenant Cultural Rights (ICESCR), the International
on Civil and Political Rights (ICCPR), and other Covenant on Civil and Political Rights (ICCPR),
international human rights instruments shall and other international human rights
be guaranteed by the National Government instruments shall be guaranteed by the Central
and the Bangsamoro Regional Government. Government and the Bangsamoro Government.

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No. 200, Sponsored by Sen. Marcos) (BTC version)
SEC. 72. Bangsamoro Autonomous Regional SEC. 71. Bangsamoro Autonomous Region Section 7. Bangsamoro Human Rights
Human Rights Office (BARHRO) – The Human Rights Office. – There is hereby Commission. – There is hereby created an office
Commission on Human Rights (CHR) shall created an office called the Bangsamoro called the Bangsamoro Human Rights
create a Bangsamoro Autonomous Regional Autonomous Region Human Rights Office Commission, which shall be independent and
Human Rights Office under the direct control which shall be under the Commission on impartial office within the Bangsamoro that
and supervision of the Commission. Human Rights. shall have the same powers and functions as the
national Commission on Human Rights and as
The BARHRO shall be independent and The Office shall submit a report on its may be provided for by the Bangsamoro
impartial to ensure the promotion and activities and performance at least every Parliament to ensure the protection and
protection of human rights in the Bangsamoro quarter to the Bangsamoro Parliament. Other promotion of the human rights of all the
Autonomous Region. In the performance of its state instrumentalities in the Bangsamoro Bangsamoro inhabitants.
mandate, the BARHRO shall have the powers Autonomous Region shall assist the Office and
to compel attendance of witnesses and the ensure its impartiality, dignity, and There shall be five (5) members of the
production of evidence. effectiveness. Commission, including the Chair, who shall all
be appointed by the President upon the
The BARHRO shall submit a report on its recommendation of the Chief Minister. The
activities and performance at least once a year composition of the Commission shall reflect the
to the Bangsamoro Parliament. Other state ethnic distribution of the population of the
instrumentalities in the Bangsamoro Bangsamoro. The Chair shall be a lawyer and
Autonomous Region shall assist the BARHRO majority of the members of the Commission
and ensure its independence, impartiality, shall, preferably, be members of the Philippine
dignity and effectiveness. The BARHRO shall Bar or Counselors-at-Law. The terms of office
have a coordinative and complementary and other qualifications and disqualifications of
relationship with the CHR in carrying out its the members of the Commission shall be
mandate. provided by the Bangsamoro Parliament.

Details pertaining to the establishment of the The Commission shall submit a report on its

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BARHRO, such as membership, terms of activities and performance at least every quarter
office, and competencies and responsibilities, to the Bangsamoro Parliament. Other state
shall be provided by the Bangsamoro instrumentalities in the Bangsamoro shall assist
Parliament consistent with the provisions of the Commission and ensure impartiality,
this Basic Law. dignity, and effectiveness. The Commission shall
have a coordinative and complementary
relationship with the national Commission on
Human Rights in carrying out its mandate.

SOCIAL JUSTICE Social Justice Social Justice

SEC. 73. Delivery of Basic Services. – The SEC. 72. Delivery of Basic Services. – Section 8. Delivery of Basic Services. – The
Bangsamoro Regional Government shall The Bangsamoro Regional Government shall Bangsamoro Government shall provide,
provide, maintain, and ensure the delivery of, provide, maintain, and ensure the delivery of, maintain, and ensure the delivery of, among
among other things, basic and responsive among other things, basic and responsive other things, basic and responsive health
health programs, quality education, health programs, quality education, programs, quality education, appropriate
appropriate services, livelihood opportunities, appropriate services, livelihood opportunities, services, livelihood opportunities, affordable and
affordable and progressive housing projects, affordable and progressive housing projects, progressive housing projects, power and
and water resource development to the power and electricity, and water supply to the electricity, and water supply to the Bangsamoro
inhabitants in the Bangsamoro Autonomous Bangsamoro people and other inhabitants in people and other inhabitants in the
Region. It shall maintain appropriate disaster- the Bangsamoro. It shall maintain appropriate Bangsamoro. It shall maintain appropriate
preparedness units for immediate and effective disaster-preparedness units for immediate and disaster-preparedness units for immediate and
relief services to victims of natural and man- effective relief services to victims of natural effective relief services to victims of natural and
made calamities. It shall also ensure the and man-made calamities. It shall also ensure man-made calamities. It shall also ensure the
rehabilitation of calamity areas and victims of the rehabilitation of calamity-affected areas rehabilitation of calamity-affected areas and
calamities. and victims of calamities. victims of calamities.

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SEC. 73. Housing and Human Section 9. Housing and Human Settlements.
Settlements. – The Bangsamoro Parliament – The Bangsamoro Parliament shall pass a law
shall pass a law to create a housing and to create a housing and human settlements
human settlements agency to address the agency to address the needs or lack of shelters,
need for or the lack of shelters, settlements, settlements, and livelihood for the disadvantaged
and livelihood for the disadvantaged and and homeless Bangsamoro and non-Moro
homeless Bangsamoro and Non-Moro indigenous peoples, especially those victims of
indigenous peoples, especially the victims of wars and atrocities. Such agency may directly
wars and atrocities. Such agency may directly solicit and receive assistance, donations, aids,
solicit and receive assistance, donations, aids, and grants from donors for its housing,
and grants from donors for its housing, settlements, and livelihood programs and
settlements, and livelihood programs and development.
development.
The Bangsamoro Regional Government, The Bangsamoro Government, in cooperation
in cooperation with the private sector, shall with the private sector, shall evolve its own
evolve its own housing and human settlement housing and human settlement programs.
programs.

SEC. 74. Rights of Labor. – Pursuant to the SEC. 74. Rights of Labor. – The Bangsamoro Section 10. Rights of Labor. - The Bangsamoro
provisions of the 1987 Philippine Regional Government shall guarantee all Government shall guarantee all fundamental
Constitution, the Bangsamoro Regional fundamental rights of all workers to self- rights of all workers to self-organization,
Government shall guarantee all fundamental organization, collective bargaining and collective bargaining and negotiations, and
rights of all workers to self-organization, negotiations, and peaceful concerted activities, peaceful concerted activities, including the right
collective bargaining and negotiations, and including the right to strike, in accordance to strike, in accordance with law to be passed by
peaceful concerted activities, including the with law to be passed by Parliament. In this Parliament. In this regard, the right of workers,
right to strike. In this regard, the right of regard, the right of workers, whether publicly whether publicly or privately employed, to form
workers, whether publicly or privately or privately employed, to form unions, unions, associations, or federations shall not be

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employed, to form unions, associations or associations, or federations shall not be abridged.
federations for purposes not contrary to law abridged.
shall not be abridged.
The workers shall participate in policy The workers shall participate in policy and
The workers shall participate in policy and and decision-making processes affecting their decision-making processes affecting their rights
decision-making processes affecting their rights and benefits, as may be provided by and benefits, as may be provided by law, to be
rights and benefits. law, to be enacted by the Bangsamoro enacted by the Bangsamoro Parliament.
Parliament.
The right of workers to security of tenure,
The right of workers to security of tenure, The right of workers to security of humane conditions of work, and a living wage
humane conditions of work, and a living wage tenure, humane conditions of work, and a shall be guaranteed.
shall be guaranteed. living wage shall be guaranteed.

The Bangsamoro Regional Government shall


also ensure that workers have access to
employment and social protection.

No trafficking in persons and engagement of No trafficking of persons and No trafficking of persons and engagement of
minors in any hazardous or deleterious forms engagement of minors in any hazardous or minors in any hazardous or deleterious forms of
of employment shall be tolerated. deleterious forms of employment shall be employment shall be tolerated.
tolerated.
The Bangsamoro Parliament may pass labor
These rights shall be provided for in a law to The Bangsamoro Parliament may pass laws that expand, improve upon, or enhance the
be passed by the Bangsamoro Parliament. labor laws that expand, improve upon, or rights stated herein.
enhance the rights stated herein.

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SEC. 75. Protection of Women and Children. –
The Bangsamoro Regional Government shall
uphold and protect the fundamental rights of
women and children including the right of
women to engage in lawful employment.
Women and children especially orphans of
tender age, shall be protected from
exploitation, abuse or discrimination and from
all forms of sexual and gender-based violence,
especially in times of disaster, calamities and
other crisis situations. Furthermore, there
shall be mechanisms within the Bangsamoro
Autonomous Region regarding the handling,
investigating and prosecuting cases of
exploitation, abuse or discrimination against
women and children.

The economic, social and cultural rights, and


the right to health and education of women
shall also be recognized.

The Bangsamoro Parliament shall enact the


necessary laws for the implementation of this
Section.

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SEC. 76. Participation of Women in the SEC. 75. Protection of Women and Their Section 11. Participation of Women in the
Bangsamoro Regional Government. – Aside Participation in the Bangsamoro Bangsamoro Government. – Aside from the
from the reserved seat for women in the Government. – Aside from the reserved seat reserved seat for women in the Parliament, there
Parliament, there shall be at least one (1) for women in the Parliament, there shall be at shall be at least one (1) qualified woman to be
qualified woman to be appointed to the least one (1) qualified woman to be appointed appointed to the Bangsamoro Cabinet. The
Bangsamoro Cabinet. The Bangsamoro to the Bangsamoro Cabinet. The Bangsamoro Bangsamoro Parliament shall enact a law that
Parliament shall enact laws that gives Parliament shall enact a law that gives gives recognition to the important role of women
recognition to the important role of women in recognition to the important role of women in in nation-building and regional development,
nation-building and regional development, and nation-building and regional development, and and ensures representation of women in other
ensures representation of women in other ensures representation of women in other decision-making and policy- determining bodies
decision-making and policy-determining decision-making and policy-determining of the Bangsamoro Government.
bodies of the Bangsamoro Regional bodies of the Bangsamoro Regional
Government. Government.

The Bangsamoro Parliament shall, by law, The Bangsamoro Parliament shall, by law, create
create the Bangsamoro Autonomous Region the Bangsamoro Women Commission and shall
Women Commission and shall define its define its powers, functions, and composition.
powers, functions, and composition.

The Bangsamoro Regional Government


shall uphold and protect the fundamental
rights of women including the right to engage
in lawful employment and to be protected from
exploitation, abuse, or discrimination, as
embodied in the Convention on the
Elimination of all Forms of Discrimination
Against Women (CEDAW).

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The Bangsamoro Parliament shall enact


the necessary laws for the implementation of
this section.

SEC. 76. Rights of the Youth. – The Section 12. Rights of the Youth. – The
Bangsamoro Regional Government recognizes Bangsamoro Government recognizes the vital
the vital role of the youth in nation-building role of the youth in nation-building and shall
and shall promote and protect their physical, promote and protect their physical, moral,
moral, spiritual, intellectual, and social well- spiritual, intellectual, and social well-being. It
being. It shall inculcate patriotism, encourage shall inculcate patriotism and nationalism,
involvement in public and civic affairs, and encourage involvement in public and civic
promote mental and physical fitness through affairs, and promote mental and physical fitness
sports. through sports.

The Bangsamoro Regional Government The Bangsamoro Government shall, by law,


shall, by law, create the Bangsamoro create the Commission on Youth Affairs and
Autonomous Region Commission on Youth shall define its powers, functions, and
Affairs and shall define its powers, functions, composition.
and composition.

Section 13. Protection of Women. – The


Bangsamoro Government shall uphold and
protect the fundamental rights of women
including the right to engage in lawful
employment and to be protected from
exploitation, abuse, or discrimination, as

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embodied in the Convention on the Elimination
of all Forms of Discrimination Against Women
(CEDAW).

The Bangsamoro Parliament shall enact the


necessary laws for the implementation of this
section.

SEC. 77. Rights Of Children. – The SEC. 77. Rights of Children. – The Section 14. Rights of Children. – The
Bangsamoro Regional Government shall Bangsamoro Regional Government shall Bangsamoro Government shall respect, protect,
respect, protect, and promote the rights of the respect, protect, and promote the rights of and promote the rights of children, especially
children. children, especially orphans of tender age. orphans of tender age. They shall be protected
They shall be protected from exploitation, from exploitation, abuse, or discrimination.
abuse, or discrimination. Their education and Their education and development, both physical
development, both physical and mental, shall and mental, shall be fully addressed.
be fully addressed.
Bangsamoro policies and programs must take Bangsamoro policies and programs shall take Bangsamoro policies and programs must take
into utmost consideration the best interest of into utmost consideration the best interest of into utmost consideration the best interest of
the child, non-discrimination of children, children, non-discrimination of children, their children, non-discrimination of children, their
survival and development, protection and survival and development, and the protection survival and development, and the protection
participation and rights of children, youth and and rights of children, youth, and adolescents. and rights of children, youth, and adolescents.
adolescents.
In no case shall children be recruited and The Bangsamoro Regional Government The Bangsamoro Government and its
used as soldiers and combatants. In case of and its constituent local government units constituent local government units shall provide
conflict situation, children should be provided shall provide for adequate funding and for adequate funding and effective mechanisms
with alternative family care or placement for effective mechanisms for the implementation for the implementation of this policy.
their continuous care, nurturance and of this policy.

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guidance in the absence or incapacity of their
parents. There should be mechanisms to
address violations committed against children
in armed conflict.

The Bangsamoro Regional Government and


constituent local government units shall
provide for adequate funding and effective
mechanisms for implementation of this policy.

SEC. 78. Settler Communities. The Section 15. Settler Communities. The
Bangsamoro Regional Government shall Bangsamoro Government shall ensure that
ensure that settlers shall enjoy the rights settlers shall enjoy the rights guaranteed in this
guaranteed in this Basic Law. For this Basic Law. For this purpose, the Bangsamoro
purpose, the Bangsamoro Parliament shall Parliament shall create an Office for Settler
create an Office for Settler Communities that Communities that shall promote the welfare and
shall promote the welfare and address issues address issues and concerns of settlers in the
and concerns of settlers in the Bangsamoro Bangsamoro.
Autonomous Region.

RIGHT TO EDUCATION Education Education


SEC. 79. Integrated System of
SEC. 78. Integrated System Of Quality Quality Education. – The Bangsamoro Section 16. Integrated System of Quality
Education. – Consistent with the basic state Regional Government shall establish, Education. – The Bangsamoro Government
policy in education, the Bangsamoro Regional maintain, and support, as a top priority, a shall establish, maintain, and support, as a top
Government shall establish, maintain, and complete and integrated system of quality priority, a complete and integrated system of
support, as a top priority, a complete and education and adopt an educational quality education and adopt an educational

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integrated system of quality education and framework that is relevant and responsive to framework that is relevant and responsive to the
adopt an educational framework that is the needs, ideals, and aspirations of the needs, ideals, and aspirations of the
relevant, and responsive to the needs, ideals, Bangsamoro people and the unity of all Bangsamoro people and the unity of all
and aspirations of the inhabitants in the Filipinos. Filipinos.
Bangsamoro Autonomous Region.
The Bangsamoro Regional Government The Bangsamoro Government shall
shall institutionalize peace education in all institutionalize peace education in all levels of
levels of education. education.

The schools, colleges, and universities The schools, colleges, and universities existing
existing in the autonomous region as of the in the autonomous region as of the date of the
effectivity of this Basic Law, and such other approval of this Basic Law and such other
schools and learning institutions that may schools and institutions that may be established
hereafter be established in the Bangsamoro in the Bangsamoro, shall be deemed integral
Autonomous Region, shall be deemed integral components of the educational system of the
components of the educational system of the Bangsamoro Government.
Bangsamoro Regional Government.
SEC. 80. Vocational, Technical, Non- Section 17. Vocational, Technical, Non-
formal, and Special Education. – The formal, and Special Education. - The thrusts
thrusts and programs of vocational, technical, and programs of vocational, technical, non-
non-formal, and special education of the formal, and special education of the Bangsamoro
Bangsamoro educational system for the poor, educational system for the poor, illiterate, out-
illiterate, out-of-school youth, persons with of-school youth, persons with special needs,
special needs, disadvantaged, and senior disadvantaged, and senior citizens shall be
citizens shall be supportive and relevant to the supportive and relevant to the human resource
human resource requirements of the requirements of the Bangsamoro.
Bangsamoro Autonomous Region.

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SEC. 81. Madaris Education, Islamic and Section 18. Madaris Education, Islamic and
Arabic Studies. – The Bangsamoro Regional Arabic Studies. the Bangsamoro Government
Government shall establish and maintain shall establish and maintain madaris education
madaris education within the Bangsamoro within the Bangsamoro.
Autonomous Region.

It shall ensure the integration in its It shall ensure the integration in its elementary
elementary and high school education and high school education curriculum the
curriculum the teaching of Islamic and Arabic teaching of Islamic and Arabic studies for
studies for Muslim pupils and students in Muslim pupils and students in public schools.
public schools.

The Bangsamoro Parliament shall enact The Bangsamoro Parliament shall enact
legislation for the strengthening and legislation for the strengthening and
development of madaris educational system in development of madaris educational system in
the Bangsamoro Autonomous Region. the Bangsamoro.

SEC. 79. Tribal University System. – The SEC. 82. Tribal University System. – The Section 19. Tribal University System. – The
Bangsamoro Parliament shall create a Tribal Bangsamoro Parliament shall create a tribal Bangsamoro Parliament shall create a tribal
University System within the Bangsamoro university system within the Bangsamoro university system within the Bangsamoro to
Autonomous Region to address the higher Autonomous Region to address the higher address the higher educational needs of the
educational needs of the indigenous cultural educational needs of the Non-Moro indigenous non-Moro indigenous peoples in the
communities in the Bangsamoro Autonomous peoples in the Bangsamoro. Bangsamoro.
Region. An institute for a culture-based
research, training and development to The Parliament shall pass a law The Parliament shall pass a law recognizing and
preserve and develop the indigenous recognizing and supporting the indigenous supporting the indigenous peoples’ educational
knowledge, systems and practices of Non-Moro peoples’ educational system to be integrated in system to be integrated in the educational

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indigenous peoples shall likewise be the educational system in the Bangsamoro system in the Bangsamoro.
established. Autonomous Region.

RIGHT TO HEALTH Health Health

SEC. 80. Comprehensive And Integrated SEC. 83. Comprehensive and Section 20. Comprehensive and Integrated
Health Service Delivery. – The Bangsamoro Integrated Health Service Delivery. – The Health Service Delivery. – The Bangsamoro
Regional Government shall adopt a policy on Bangsamoro Regional Government shall adopt shall adopt a policy on health that provides for a
health that provides for a comprehensive and a policy on health that provides for a comprehensive and integrated health service
integrated health service delivery for its comprehensive and integrated health service delivery for its constituents. It shall, by law,
constituents. The Bangsamoro Regional delivery for its constituents. It shall, by law, establish a general hospital system to serve the
Government shall, by law, establish a general establish a general hospital system to serve health requirements of its people, to ensure that
hospital system to serve the health the health requirements of its people, to the individual basic right to life shall be
requirements of its people, to ensure that the ensure that the individual basic right to life attainable through the prompt intervention of
individual basic right to life shall be attainable shall be attainable through the prompt excellent and affordable medical services.
through the prompt intervention of excellent intervention of excellent and affordable
and affordable medical services. The medical services.
Bangsamoro Regional Government shall also The Bangsamoro Regional Government The Bangsamoro shall also uphold the people’s
uphold the people’s right to have access to shall also uphold the people’s right to have right to have access to essential goods, health,
essential goods, health and other social access to essential goods, health, and other and other social services that would promote
services that would promote and protect their social services that would promote their well- their well-being.
well-being. being.
SEC. 81. Support For Persons With SEC. 84. Support for Persons with Special Section 21. Support for Persons with Special
Disabilities. – The Bangsamoro Regional Needs, Senior Citizens, and Disadvantaged Needs, Senior Citizens, and Disadvantaged
Government shall establish a special agency Groups. – The Bangsamoro Regional Groups. – The Bangsamoro Government shall
and support care and facilities for persons Government shall establish a special agency establish a special agency and support facilities
with disabilities and other disadvantaged and support facilities for persons with special for persons with special needs, and other
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persons for their rehabilitation, and livelihood needs, and other disadvantaged persons for disadvantaged persons for their rehabilitation,
or skills training to encourage their productive their rehabilitation, and livelihood or skills and livelihood or skills training to encourage
integration into mainstream society. training to encourage their productive their productive integration into mainstream
integration into mainstream society. society.

The Bangsamoro Regional Government The Bangsamoro Government shall coordinate


shall coordinate all existing governmental and all existing governmental and non-governmental
non-governmental agencies concerned with agencies concerned with the rehabilitation and
the rehabilitation and education of these education of these persons.
persons.
The Bangsamoro Regional Government The Bangsamoro Government shall ensure the
shall ensure the welfare of senior citizens by welfare of senior citizens by continuing to
continuing to provide rights, benefits, and provide rights, benefits, and privileges they
privileges they presently enjoy. presently enjoy.

ARTS AND SPORTS Sports Arts and Sports

SEC. 82. Physical Education And Sports SEC. 85. Physical Education and Section 22. Physical Education and Sports
Development. – The Bangsamoro Autonomous Sports Development, Sports Program and Development, Sports Program and
Region educational system shall develop and Bangsamoro Autonomous Region Sports Bangsamoro Sports Commission. – The
maintain an integrated and comprehensive Office. – The Bangsamoro Autonomous Region Bangsamoro educational system shall develop
physical education program. It shall develop educational system shall develop and maintain and maintain an integrated and comprehensive
healthy, disciplined innovative and productive an integrated and comprehensive physical physical education program. It shall develop
individuals, and promote good sportsmanship, education program. It shall develop healthy, healthy, disciplined, innovative, and productive
cooperation and teamwork. disciplined, innovative, and productive individuals, and promote good sportsmanship,
individuals, and promote good sportsmanship, cooperation, and teamwork.
cooperation, and teamwork.

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The Bangsamoro Autonomous Region The Bangsamoro education system shall
education system shall encourage and support encourage and support for sports programs,
sports programs, league competitions, league competitions, indigenous games, martial
indigenous games, martial arts, and amateur arts, and amateur sports including training for
sports, including training for regional, regional, national, and international
national, and international competitions. competitions.
The Bangsamoro Parliament shall pass a The Bangsamoro Parliament shall pass a law
law creating a Bangsamoro Autonomous creating Bangsamoro Sports Commission.
Region Sports Office.

SEC. 83. Sports Programs. – The Bangsamoro


Autonomous Region education system shall
encourage and support sports programs,
league competitions, indigenous games,
martial arts, and amateur sports including
training for regional, national and
international competitions.

CULTURE Arts and Culture Culture


Section 23. Preservation of the Cultural
SEC. 84. Preservation Of Bangsamoro SEC. 86. Preservation of the Cultural Heritage of the Bangsamoro. – To preserve the
Autonomous Region Cultural Heritage. – To Heritage of the Bangsamoro People. – To history, culture, arts, traditions, and the rich
preserve the history, culture, arts, tradition preserve the history, arts, culture, traditions, cultural heritage of the Bangsamoro people and
and the rich cultural heritage of the and the rich heritage of the Bangsamoro their Sultanates, such as but not limited to, the
sultanates, such as the sultanates of Sulu, people and their Sultanates, there shall be Sultanates of Sulu, Maguindanao, Kabuntalan,
Maguindanao, And Buayan, and the Royal created a Bangsamoro Autonomous Region Buayan, the Royal Houses of Ranao, and of the
Houses of the Maranaos and the indigenous Office for the Preservation of Cultural Heritage. Iranun, and the non-Moro indigenous peoples of
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peoples of the Bangsamoro Autonomous the Bangsamoro, there shall be created a
Region, there shall be created a Bangsamoro Bangsamoro Commission for the Preservation of
Autonomous Region Commission for the Cultural Heritage.
Preservation of Cultural Heritage.

SEC. 85. Primary Responsibility Of The SEC. 87. Primary Responsibility of the Section 24. Primary Responsibility of the
Commission. – The Bangsamoro Autonomous Office. – The Bangsamoro Autonomous Region Commission. – The Bangsamoro Commission
Region in coordination with the National Office for the Preservation of Cultural Heritage for the Preservation of Cultural Heritage shall
Historical Commission of the Philippines shall have the primary responsibility to have the primary responsibility to write the
(NHCP) for the preservation of cultural document the history of the Bangsamoro history of the Bangsamoro people and to
heritage shall have the primary responsibility people and to establish and sustain the establish and sustain the cultural institutions,
to write the history of all the inhabitants in the cultural institutions, programs, and projects programs, and projects in the Bangsamoro
Bangsamoro Autonomous Region and to in the Bangsamoro Autonomous Region component areas. The commission shall
establish and sustain the cultural institutions, component areas. The Office shall establish its establish its own libraries and museums,
programs and projects in the Bangsamoro own libraries and museums, and declare or declare and restore historical shrines and
Autonomous Region. The Commission shall restore historical shrines and cultural sites to cultural sites to preserve the Bangsamoro
establish its own libraries and museums, preserve the Bangsamoro heritage. heritage for posterity.
declare and restore historical shrines and
cultural sites to preserve in the Bangsamoro
Autonomous Region heritage for posterity.

SEC. 86. Management Of Bangsamoro SEC. 88. Management of Bangsamoro Section 25. Management of Bangsamoro
Autonomous Region Historical And Cultural Historical and Cultural Sites. – The Historical and Cultural Sites. – The Central
Sites. – The National Government shall National Government shall transfer the Government shall transfer the management of
transfer the management of Bangsamoro management of Bangsamoro historical and Bangsamoro historical and cultural sites
historical and cultural sites currently under cultural sites currently under the jurisdiction currently under the jurisdiction of the National
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the jurisdiction of the National Museum, of the National Museum, National Historical Museum, National Historical Commission, or
NHCP or other agencies of the National Commission, or other agencies of the National other agencies of the Central Government to the
Government to the Bangsamoro Autonomous Government to the Bangsamoro Autonomous Bangsamoro Commission for the preservation of
Regional Office for the Preservation of Cultural Region Office for the Preservation of Cultural cultural heritage, through the intergovernmental
Heritage (BAROPCH). The BAROPCH shall Heritage, through the intergovernmental relations mechanism. The Bangsamoro
coordinate with relevant agencies of the relations mechanism. The Office shall Commission for the Preservation of Cultural
National Government on the regulation, coordinate with relevant agencies of the Heritage shall coordinate with relevant agencies
excavation and preservation of cultural National Government on the regulation, of the Central Government on the regulation,
artifacts and on the recovery of lost historical excavation, and preservation of cultural excavation, and preservation of cultural artifacts
and cultural heritage. artifacts and on the recovery of lost historical and on the recovery of lost historical and
and cultural heritage. cultural heritage.

ARTICLE XI Article IX ARTICLE X


BANGSAMORO JUSTICE SYSTEM BANGSAMORO JUSTICE SYSTEM BANGSAMORO JUSTICE SYSTEM

SEC. 87. Justice System In The Bangsamoro SEC. 89. Justice System in the Section 1. Justice System in the
Autonomous Region. - The justice system in Bangsamoro. – The justice system in the Bangsamoro. – The justice system in the
the Bangsamoro Autonomous Region shall Bangsamoro Autonomous Region shall consist Bangsamoro shall consist of Shari’ah law which
consist of Shari’ah law which shall have of Shari’ah law which shall have supremacy shall have supremacy and application over
supremacy and application over Muslims only; and application over Muslims only; the Muslims only; the traditional or tribal justice
the traditional or tribal justice system, for the traditional or tribal justice system for the system, for the indigenous peoples in the
indigenous peoples in the Bangsamoro indigenous peoples in the Bangsamoro; local Bangsamoro; the local courts; and alternative
Autonomous Region; the local courts; and courts; and alternative dispute resolution dispute resolution systems.
alternative dispute resolution systems. systems.

For Muslims, the justice system in the For Muslims, the justice system in the For Muslims, the justice system in the
Bangsamoro Autonomous Region shall give Bangsamoro shall give primary consideration Bangsamoro shall give primary consideration to

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primary consideration to Shari’ah, and to Shari’ah, and for Indigenous Peoples in the Shari’ah, and customary rights and traditions of
customary rights and traditions of the Bangsamoro, the justice system in the the indigenous peoples in the Bangsamoro.
indigenous peoples in the Bangsamoro Bangsamoro shall give primary consideration
Autonomous Region. to their customary rights and traditions.

Nothing herein shall be construed to operate Nothing herein shall be construed to Nothing herein shall be construed to operate to
to the prejudice of non-muslims and non- operate to the prejudice of non-Muslims and the prejudice of non-Muslims and non-
indigenous peoples. non-indigenous peoples. indigenous peoples.

SHARI’AH JUSTICE SYSTEM Shari’ah Judicial System Shari’ah Judicial System

SEC. 88. Shari’ah Justice System. – The SEC. 90. Shari’ah Judicial System. – Section 2. Shari’ah Judicial System. – The
Shari’ah courts in the Bangsamoro Jurisdiction over Shari’ah law pertaining to judicial authority shall be vested in the
Autonomous Region shall have jurisdiction persons and family relations, other civil Bangsamoro Shari’ah judiciary, in accordance
over Shari’ah law enacted by the Bangsamoro actions, commercial actions, and criminal with the power of the Supreme Court,
Parliament pertaining to persons and family cases shall be vested in the Bangsamoro particularly on the Bangsamoro Shari’ah High
relations. Autonomous Region Shari’ah courts. Court, Shari’ah District and Circuit courts, and
other subordinate courts which Congress of the
There shall be cooperation and coordination Philippines may create upon the
with National Government regarding the recommendation of the Bangsamoro Shari’ah
Shari’ah justice system, through the different High Court through the Supreme Court. This
mechanisms as herein provided. notwithstanding, Congress, upon the
recommendation of the Supreme Court, may
likewise create Shari’ah courts outside of the
territorial jurisdiction of the Bangsamoro
government in areas where a considerable
number of Muslims reside. The Supreme Court

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shall station these courts.

SEC. 91. Shari’ah. – Shari’ah (Islamic Law) Section 3. Shari’ah. - Shari’ah (Islamic Law)
which is the law forming part of the Islamic which is the law forming part of the Islamic
tradition derived from religious precepts of tradition derived from religious precepts of
Islam, particularly the Qur’an and Hadith, Islam, particularly the Qur’an and Hadith, shall
shall be distinctively applied exclusively over be distinctively applied as the underlying basis
Muslims. of the Bangsamoro Shari’ah judicial system
exclusively over Muslims or persons who
voluntarily submit to the Shari’ah Court.

SEC. 89. Laws On Shari’ah. – The Section 4. Jurisdiction of Shari’ah Courts. -


Bangsamoro Parliament shall enact laws The Bangsamoro Parliament shall enact laws on
pertaining to persons and family relations. persons and family relations, other civil actions,
These laws on Shari’ah shall only be commercial actions, and criminal cases. The
applicable to Muslims. Congress of the Philippines, through this Basic
Law, confers commercial, other civil action not
provided for under P.D. 1083, and criminal
jurisdiction on minor offenses as provided
hereunder.

Under Shari’ah, the penalties for Hudud, plural


for Hadd (capital crime) which are seen as
crimes against Allah (God) and Qisas, which are
crimes against persons, are imposed in the
Qur’an.

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Ta’zir (discretionary punishment) are minor
offenses shall be defined by Parliament, the
penalties for which is equivalent to arresto
menor and/or fine. Criminal jurisdiction over
Ta’zir is hereby conferred on Shari’ah Circuit
Courts.

SEC. 90. Sources Of Shari’ah Law. – The SEC. 92. Sources of Shari’ah. – The Section 5. Sources of Shari’ah. – The following
following are the sources of Shari’ah law, following are the sources of Shari’ah: are the sources of Shari’ah:
among others: 1) Principal Sources:
Principal Sources:
a. al-qur’an (the koran); a) Al-Qur’an (The Koran); and a) Al-Qur’an (The Koran);
b. al-sunnah (prophetic traditions); b) Al-Sunnah (Traditions of Prophet b) Al-Sunnah (Traditions of Prophet
c. al-qiyas (analogy); and Muhammad SAW); Muhammad SAW);
d. al-ijima (consensus).
2) Secondary Sources: Secondary Sources:
a) Al-Ijma (Consensus); and c) Al-Ijma (Consensus); and
b) Al-Qiyas (Analogy). d) Al-Qiyas (Analogy).

SEC. 91. Shari’ah Circuit Courts. – The SEC. 93. Shari’ah Circuit Courts. - The Section 6. Shari’ah Circuit Courts. - The
Shari’ah Circuit Court in the Bangsamoro Shari'ah Circuit Court in the Bangsamoro Shari'ah Circuit Court in the Bangsamoro shall
Autonomous Region shall exercise exclusive Autonomous Region shall exercise exclusive exercise exclusive original jurisdiction over the
original jurisdiction over the following matters: original jurisdiction over the following matters: following subjects:
a. all cases involving offenses defined and 1) All cases involving offenses defined and 1) All cases involving offenses defined and
punished under Presidential Decree (PD) punished under Presidential Decree No. punished under Presidential Decree No.
No. 1083, where the act or omission has 1083, also known as Code of Muslim 1083, also known as Code of Muslim
been committed in the Bangsamoro Personal Laws, where the act or Personal Laws, where the act or omission
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Autonomous Region; omission has been committed in the has been committed in the Bangsamoro;
Bangsamoro Autonomous Region;
b. all civil actions and proceedings between 2) All civil actions and proceedings 2) All civil actions and proceedings between
parties residing in the Bangsamoro between parties residing in the parties residing in the Bangsamoro, and
Autonomous Region, and who are Bangsamoro Autonomous Region, and who are Muslims or have been married in
Muslims or have been married in who are Muslims or have been married accordance with Article 13 of Presidential
accordance with Article 13 of PD 1083 in accordance with Article 13 of Decree No. 1083 involving disputes
involving disputes relating to: Presidential Decree No. 1083 involving relating to:
disputes relating to:
i. marriage; a) Marriage; a) Marriage;
ii. divorce recognized under PD b) Divorce recognized under b) Divorce recognized under
1083; Presidential Decree No. 1083; Presidential Decree No. 1083;
iii. betrothal or breach of contract to c) Betrothal or breach of contract to c) Betrothal or breach of contract to
marry; marry; marry;
iv. customary dower (mahr); d) Customary dower (mahr); d) Customary dower (mahr);
v. disposition and distribution of e) Disposition and distribution of e) Disposition and distribution of
property upon divorce; property upon divorce; property upon divorce;
vi. maintenance and support, and f) Maintenance and support, and f) Maintenance and support, and
consolatory gifts; consolatory gifts; consolatory gifts;
vii. restitution of marital rights. g) Restitution of marital rights.
g) Restitution of marital rights.
c. all cases involving disputes relative to 3) All cases involving disputes relative to
communal properties; and communal properties; 3) All cases involving disputes relative to
4) All cases involving Ta’zir offenses communal properties;
defined and punishable under Shari'ah
law enacted by the Bangsamoro 4) All cases involving Ta’zir offenses defined
Parliament punishable by arresto and punishable under Shari'ah law

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menor and/or fine. enacted by the Bangsamoro Parliament
punishable by arresto menor and/or fine.

d. all civil actions, under Shari’ah law 5) All civil actions, under Shari'ah law 5) All civil actions, under Shari'ah law
enacted by the Bangsamoro Parliament, enacted by the Bangsamoro enacted by the Bangsamoro Government,
involving real property in the Parliament, involving real property in involving real property in the
Bangsamoro Autonomous Region, where the Bangsamoro Autonomous Region, Bangsamoro, where the assessed value of
the assessed value of the property does where the assessed value of the the property does not exceed Four
not exceed four hundred thousand property does not exceed Four Hundred Hundred Thousand Pesos (400,000.00);
pesos (p400,000.00); Thousand Pesos (₱400,000.00); and and

6) All civil actions in which the parties are 6) All civil actions in which the parties are
Muslims, or where all litigants have Muslims, or where all litigants have
voluntarily submitted themselves to the voluntarily submitted themselves to the
jurisdiction of the Shari'ah Circuit jurisdiction of the Shari'ah Circuit
Courts, if they have not specified in an Courts, if they have not specified in an
agreement which law shall govern their agreement which law shall govern their
relations where the demand or claim relations where the demand or claim
does not exceed Two Hundred does not exceed Two Hundred Thousand
Thousand Pesos (₱200,000.00). Pesos (P200,000.00).
SEC. 92. Shari’ah District Courts. – The SEC. 94. Shari’ah District Courts. - The Section 7. Shari’ah District Courts. - The
Shari’ah District Court in the Bangsamoro Shari’ah District Court in the Bangsamoro Shari’ah District Court in the Bangsamoro shall
Autonomous Region shall exercise exclusive shall exercise exclusive original jurisdiction exercise exclusive original jurisdiction over the
original jurisdiction over the following matters: over the following matters: following matters:

a. all cases involving custody, guardianship, 1) All cases involving custody, 1) All cases involving custody,
legitimacy, paternity and filiation arising guardianship, legitimacy, and paternity guardianship, legitimacy, and

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under PD 1083; and filiation arising under Presidential paternity and filiation arising under
Decree No. 1083; Presidential Decree No. 1083;
b. all cases involving disposition, 2) All cases involving disposition, 2) All cases involving disposition,
distribution and settlement of the estate distribution, and settlement of the distribution, and settlement of the
of deceased Muslims that are inhabitants estate of deceased Muslim residents of estate of deceased Muslims who
of the Bangsamoro Autonomous Region, the Bangsamoro Autonomous Region, were residents of the Bangsamoro,
probate of wills, issuance of letters of probate of wills, issuance of letters of probate of wills, issuance of letters
administration or appointment of administration, or appointment of of administration, or appointment of
administrators or executors regardless of administrators or executors regardless administrators or executors
the nature or the aggregate value of the of the nature or the aggregate value of regardless of the nature or the
property; the property; aggregate value of the property;
c. petitions for the declaration of absence 3) Petitions for the declaration of absence 3) Petitions for the declaration of
and death for the cancellation or and death for the cancellation or absence and death for the
correction of entries in the Muslim correction of entries in the Muslim cancellation or correction of entries
registries mentioned in Title VI of Book Registries mentioned in Title VI of Book in the Muslim Registries mentioned
Two of PD 1083; Two of Presidential Decree No. 1083; in Title VI of Book Two of
d. all actions arising from customary and 4) All actions arising from customary and Presidential Decree No. 1083;
Shari’ah compliant contracts in which the Shari’ah compliant contracts in which 4) All actions arising from customary
parties are Muslims, if they have not the parties are Muslims, if they have and Shari’ah compliant contracts in
specified which law shall govern their not specified which law shall govern which the parties are Muslims, if
relations; their relations; they have not specified which law
e. all petitions for mandamus, prohibition, shall govern their relations;
injunction, certiorari, habeas corpus, and 5) All petitions for mandamus, prohibition,
all other auxiliary writs and processes in injunction, certiorari, habeas corpus, 5) All petitions for mandamus,
aid of its appellate jurisdiction; and all other auxiliary writs and prohibition, injunction, certiorari,
f. petitions by Muslims for the constitution processes in aid of its appellate habeas corpus, and all other
of a family home, change of name and jurisdiction; auxiliary writs and processes in aid

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commitment of an insane person to an of its appellate jurisdiction;
asylum;
g. all other personal and real actions not 6) Petitions by Muslims for the 6) Petitions by Muslims for the
falling under the jurisdiction of the constitution of a family home, change constitution of a family home,
Shari’ah circuit courts wherein the of name, and commitment of an insane change of name, and commitment of
parties involved are Muslims, except person to an asylum; an insane person to an asylum;
those for forcible entry and unlawful
detainer, which shall fall under the 7) All other personal and real actions not 7) All other personal and real actions
exclusive original jurisdiction of the falling under the jurisdiction of the not falling under the jurisdiction of
municipal circuit court; Shari’ah Circuit Courts wherein the the Shari’ah Circuit Courts wherein
parties involved are Muslims, except the parties involved are Muslims,
h. all special civil actions for interpleader or those for forcible entry and unlawful except those for forcible entry and
declaratory relief wherein the parties are detainer, which shall fall under the unlawful detainer, which shall fall
Muslims residing in the Bangsamoro exclusive original jurisdiction of the under the exclusive original
Autonomous Region or the property Municipal Circuit Court; jurisdiction of the Municipal Circuit
involved belongs exclusively to Muslims Court;
and is located in the Bangsamoro 8) All special civil actions for interpleader
Autonomous Region; and or declaratory relief wherein the parties 8) All special civil actions for
are Muslims residing in the interpleader or declaratory relief
i. all civil actions, under Shari’ah law Bangsamoro Autonomous Region or the wherein the parties are Muslims
enacted by the Bangsamoro Parliament, property involved belongs exclusively to residing in the Bangsamoro or the
involving real property in the Bangsamoro Muslims and is located in the property involved belongs
Autonomous Region, where the assessed Bangsamoro Autonomous Region; exclusively to Muslims and is
value of the property exceeds four located in the Bangsamoro;
hundred thousand pesos (p400,000.00); 9) All civil actions, under Shari’ah law 9) All civil actions, under Shari’ah law
enacted by the Bangsamoro enacted by the Bangsamoro
Parliament, involving real property in Parliament, involving real property

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the Bangsamoro Autonomous Region, in the Bangsamoro, where the
The Shari’ah district court in the Bangsamoro where the assessed value of the assessed value of the property
Autonomous Region shall exercise appellate property exceeds Four Hundred exceeds Four Hundred Thousand
jurisdiction over all cases decided upon by the Thousand Pesos (₱400, 000.00); and Pesos (P400, 000.00); and
Shari’ah circuit courts within its territorial
jurisdiction, as provided under Article 144 of 10) All civil actions in which the parties are 10) All civil actions in which the
PD 1083. Muslims, or where all litigants have parties are Muslims, or where all
voluntarily submitted themselves to the litigants have voluntarily submitted
jurisdiction of the Shar’iah Circuit themselves to the jurisdiction of the
Court, if they have not specified in an Shar’iah Circuit Court, if they have
agreement which law shall govern their not specified in an agreement which
relations where the demand or claim law shall govern their relations
exceeds Two Hundred Thousand Pesos where the demand or claim exceeds
(₱200, 000.00) Two Hundred Thousand Pesos
(P200, 000.00)

The Shari’ah District Court in the The Shari’ah District Court in the Bangsamoro
Bangsamoro Autonomous Region shall shall exercise appellate jurisdiction over all
exercise appellate jurisdiction over all cases cases decided upon by the Shari’ah Circuit
decided by the Shari’ah Circuit Courts in the Courts in the Bangsamoro within its territorial
Bangsamoro within its territorial jurisdiction, jurisdiction, as provided under Article 144 of
as provided under Article 144 of Presidential Presidential Decree No. 1083.
Decree No. 1083.

SEC. 95. Shari'ah Appellate Court. – There Section 8. Bangsamoro Shari’ah High Court.
is hereby created a Shari'ah Appellate Court - There is hereby created a Bangsamoro Shari’ah
which shall have jurisdiction over cases High Court. The Bangsamoro Shari’ah High

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enumerated in this Article. Court shall exercise exclusive original
jurisdiction, whether or not in aid of its appellate
jurisdiction, over:

a. All petitions for mandamus, prohibition,


injunction, certiorari, habeas corpus, and
all other auxiliary writs and processes, in
aid of its appellate jurisdiction; and

b. All actions for annulment of judgments of


Shari’ah District Courts.

The Bangsamoro Shari’ah High Court shall


exercise exclusive appellate jurisdiction over
cases under the jurisdiction of the Shari’ah
District Courts in the Bangsamoro.

The decisions of the Bangsamoro Shari’ah High


Court shall be final and executory except on
issues of procedure or when there is manifest
grave abuse of discretion tantamount to lack of
or in excess of jurisdiction.

Section 9. Qualifications of Shari’ah Judges.


a. Shari’ah Circuit Court. – No person shall be

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appointed judge of the Shari’ah Circuit Court
unless he is a Muslim, citizen of the Philippines,
at least thirty (30) years of age, of proven
competence and probity, mentally and physically
fit, known for his integrity and high moral
standards, and must be a member of the
Philippine Bar or is a special member of the
Philippine Bar allowed to practice in Shari’ah
Courts.

For Shari’ah Counselors-at-Law, he must be a


graduate of a four-year course on Shari’ah or
Islamic jurisprudence, and must have been
engaged in the practice of Shari’ah law in the
Philippines for at least three (3) years.

For a regular member of the Philippine Bar, he


must have finished at least two (2) years of
Shari’ah or Islamic Jurisprudence and must
have been engaged in the practice of law for at
least three (3) years.

b. Shari’ah District Court. – No person shall


be appointed judge of the Shari’ah District Court
unless he is a Muslim, citizen of the Philippines
at least thirty-five (35) years of age, of proven
competence and probity, mentally and physically

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fit, known for his integrity and high moral
standards, and must be a member of the
Philippine Bar or is a special member of the
Philippine Bar allowed to practice in Shari’ah
Courts.

For Shari’ah Counselors-at-Law, he must be a


graduate of a four-year course on Shari’ah or
Islamic jurisprudence, and must have been
engaged in the practice of Shari’ah law in the
Philippines for at least five (5) years.

For a regular member of the Philippine Bar, he


must have finished at least two (2) years in
Shari’ah or Islamic Jurisprudence and must
have been engaged in the practice of law for at
least five (5) years.

SEC. 96. Shari'ah Appellate Court Section 10. Composition and Stations of
Composition. – The Shari'ah Appellate Court Bangsamoro Shari’ah High Court. –The
shall be composed of one (1) Presiding Justice Bangsamoro Shari’ah High Court shall be
and two (2) Associate Justices. Any vacancy composed of nine (9) justices, including the

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shall be filled within ninety (90) days from the Presiding Justice. It may exercise its powers,
occurrence thereof. functions, and duties through three (3)
divisions, each composed of three (3) members.
It may sit en banc only for the purpose of
exercising administrative or ceremonial
functions. The Bangsamoro Shari’ah High Court
shall hold sessions en banc at its main office at
the capital of the Bangsamoro government. The
stations of the three divisions shall be Cotabato
City, Marawi City, and Jolo, Sulu.

SEC. 97. Jurisdiction of the Shari'ah


Appellate Court. – The Shari'ah Appellate
Court shall:

(a) Exercise original jurisdiction over


petitions for certiorari, prohibition,
mandamus, habeas corpus, and other
auxiliary writs and processes only in aid of its
appellate jurisdiction; and

(b) Exercise exclusive appellate


jurisdiction over all cases tried in the Shari'ah
District Courts as established by law.

SEC. 98. Shari'ah Appellate Court


Decisions. – The decisions of the Shari'ah

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Appellate Court shall be final and executory.
Nothing herein contained shall, however, affect
the original and appellate jurisdiction of the
Supreme Court, as provided in the
Constitution.

SEC. 99. Shari'ah Appellate Court Justices


Qualifications and Appointments. – The
justices of the Shari'ah Appellate Court shall
possess the same qualifications as those of the
justices of the Court Of Appeals and, in
addition, shall also be learned in Islamic law
and jurisprudence.

The members of the Shari'ah Appellate


Court shall be appointed by the President from
a list of at least three (3) nominees submitted
by the Judicial and Bar Council. The
nominees shall be chosen from a list of
recommendees submitted by the Shariah
Judicial and Bar Council.

SEC. 100. Shari'ah Appellate Court


Justices Tenure of Office. – The Presiding
Justice and Associate Justices of the Shari'ah

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Appellate Court shall serve until they reach
the age of seventy (70) years, unless sooner
removed for cause in the same manner as
justices of the Court Of Appeals or become
incapacitated to discharge the duties of their
office.

SEC. 101. Shari'ah Appellate Court


Justices Compensation. – The Presiding
Justice and Associate Justices of the Shari'ah
Appellate Court shall receive the same
compensation and enjoy the same privileges as
the Presiding Justice and Associate Justices of
the Court Of Appeals, respectively.

SEC. 102. Shari'ah Appellate Court


Administrator and Clerk of Court. – The
Supreme Court shall, upon recommendation
of the Presiding Justice of the Shari'ah
Appellate Court, appoint The Court
Administrator and Clerk of Court of Appellate
Court. Such other personnel as may be
necessary for the Shari'ah Appellate Court
shall be appointed by the Presiding Justice of
said court.
The pertinent provisions of existing law
regarding the qualifications, appointments,

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compensations, functions, duties, and other
matters relative to the personnel of the Court
of Appeals shall apply to those of the Shari'ah
Appellate Court.

SEC. 103. Prohibition Against Holding of


Other Offices. – The Justices of the Shari'ah
Appellate Court and the judges of other
Shari'ah Courts shall not be appointed or
designated to any office or agency performing
quasi-judicial or administrative functions.

SEC. 104. Shari'ah Appellate Court Official


Seat. - The official seat of the Shari'ah
Appellate Court shall unless the Supreme
Court decides otherwise, be in the province or
city where the seat of the Bangsamoro
Regional Government is located.

SEC. 105. Shari'ah Appellate Court


Proceedings. – Proceedings in the Shari'ah
Appellate Court and in the Shari'ah lower
courts in the Bangsamoro Autonomous Region
shall be governed by such special rules as the
Supreme Court may promulgate.

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SEC. 93. Additional Shari’ah Courts. – Upon
the recommendation of the Bangsamoro
Regional Government, Congress may create
additional Shari’ah courts in the Bangsamoro
Autonomous Region and apportion the
jurisdiction of each of the Shari’ah circuit and
district courts.

SEC. 94. Qualifications Of Shari’ah Judges. SEC. 106. Qualifications of Shari’ah c. Bangsamoro Shari’ah High Court. — No
– Judges. – person shall be appointed Justice of the
Bangsamoro Shari’ah High Court unless he is a
a. Shari’ah circuit court. – No person 1) Shari’ah Circuit Court – No person shall Muslim, natural-born citizen of the Philippines,
shall be appointed judge of the Shari’ah be appointed judge of the Shari’ah Circuit at least forty (40) years of age, of proven
circuit court unless he/she is a subject Court unless he is a Muslim, citizen of the competence and probity, mentally and physically
of the Shari’ah court system, citizen of Philippines, at least thirty (30) years of age, of fit, known for his integrity and high moral
the Philippines, at least twenty-five (25) proven competence and probity, mentally and standards, and must be a member of the
years of age, a graduate of a four-year physically fit, known for his integrity and high Philippine Bar or is a special member of the
course on Shari’ah or Islamic moral standards, and must be a member of Philippine Bar allowed to practice in Shari’ah
jurisprudence, and has passed an the Philippine Bar or is a special member of Courts.
examination in the Shari’ah to be given the Philippine Bar allowed to practice in For Shari’ah Counselors-at-Law, he must be a
by the Supreme Court for admission to Shari’ah Courts. graduate of a four-year course on Shari’ah or
special membership in the Philippine Islamic jurisprudence, and must have been
Bar to practice in the Shari’ah courts; engaged in the practice of Shari’ah law in the
Philippines for at least ten (10) years prior to his
appointment.

For Shari’ah Counselors-at-Law, he For a regular member of the Philippine Bar, he

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must be a graduate of a four-year course on must have finished at least two (2) years of
Shari’ah or Islamic jurisprudence, and must Shari’ah or Islamic Jurisprudence and must
have been engaged in the practice of Shari’ah have engaged in the practice of law for at least
law in the Philippines for at least three (3) ten (10) years before Shari’ah Courts.
years.

For a regular member of the Philippine


Bar, he must have finished at least two (2)
years of a four-year course on Shari’ah or
Islamic jurisprudence and must have been
engaged in the practice of law for at least three
(3) years.
b. Shari’ah district court. – no person 2) Shari’ah District Court – No person shall
shall be appointed judge of the Shari’ah be appointed judge of the Shari’ah District
district court unless he/she is a subject Court unless he is a Muslim, citizen of the
of the Shari’ah court system, citizen of Philippines, at least thirty-five (35) years of
the Philippines at least thirty-five (35) age, of proven competence and probity,
years of age, a graduate of a four-year mentally and physically fit, known for his
course on Shari’ah or Islamicintegrity and high moral standards, and must
jurisprudence, and has passed an be a member of the Philippine Bar or is a
examination in the Shari’ah to be given special member of the Philippine Bar allowed
by the Supreme Court for admission to to practice in Shari’ah Courts.
special membership in the Philippine
Bar to practice in the Shari’ah courts. For Shari’ah Counselors-at-Law, he
Furthermore, such person should have must be a graduate of a four-year course on
been engaged in the practice of Shari’ah Shari’ah or Islamic jurisprudence, and must
law in the Philippines for at least five (5) have been engaged in the practice of Shari’ah

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years prior to his appointment; law in the Philippines for at least five (5) years.

For a regular member of the Philippine


Bar, he must have finished at least two (2)
years of a four-year course on Shari’ah or
Islamic jurisprudence and must have been
engaged in the practice of law for at least five
(5) years.

SEC. 107. Shari’ah Judicial and Bar


Council. – The Shari’ah Judicial and Bar
Council is hereby created which shall be
under the supervision of the Chief Minister. It
shall recommend to the Judicial and Bar
Council applicants for the positions of justices,
judges and justices in the Shari’ah Courts for
appointment by the President. The President
shall issue the appointment within ninety (90)
days from the submission by the Judicial and
Bar Council.

SEC. 108. Composition of the Shari’ah


Judicial and Bar Council. – The Shari’ah
Judicial and Bar Council shall be composed of
five (5) members: Presiding Justice of the
Bangsamoro Shari’ah Appellate Court, as ex-
officio chair, the Head of the Shari’ah
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Academy, and one (1) representative from the
Bangsamoro Parliament to be designated as
such by the Speaker of the Parliament, as ex-
officio member. The regular members of the
council shall be one (1) representative each
from the accredited organization of shari’ah
lawyers, and accredited ulama organization in
the Bangsamoro.
The regular members of the council
shall be appointed by The Chief Minister with
a term of five (5) years without reappointment.

SEC. 109. Functions of the Shari’ah


Judicial and Bar Council. – The Shari’ah
Judicial and Bar Council shall have the
following functions:
1) Recommend nominees to the Shari’ah
Courts in the Bangsamoro which shall be
submitted to the Judicial and Bar Council;
and
2) Conduct investigations of erring
members of the Shari’ah bar and of judges and
personnel of the Shari’ah Courts in the
Bangsamoro and submit the results of such
investigation to the Supreme Court for the
latter’s action.

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SEC. 110. Compensation, benefits, tenure Section 11. Compensation, benefits, tenure
and privileges. – Judges of the Shari’ah and privileges. – Justices of the Bangsamoro
District Court shall have the same rank, Shari’ah High Courts shall have the same rank,
prerogatives, salaries, allowances, benefits, prerogatives, salaries, allowances, benefits,
tenure, and privileges as judges of the tenure, and privileges as the Justices of the
Regional Trial Court. Court of Appeals.
Judges of the Shari’ah Circuit Court shall have Judges of the Shari’ah District Court shall have
the same rank, prerogatives, salaries, the same rank, prerogatives, salaries,
allowances, benefits, tenure, and privileges as allowances, benefits, tenure, and privileges as
judges of the Metropolitan Trial Court. the judges of Regional Trial Court Judge.

Judges of the Shari’ah Circuit Court shall have


the same rank, prerogatives, salaries,
allowances, benefits, tenure, and privileges as
judges of Metropolitan Trial Court Judge.
Section 12. Shari’ah Judicial and Bar
Council. - The Shari’ah Judicial and Bar
Council is hereby created which shall be under
the supervision of the Bangsamoro Shari’ah
High Court. It shall recommend to the Judicial
and Bar Council applicants for the positions of
judges and justices in the Shari’ah Courts for
appointment by the President. The President
shall issue the appointment within 90 days from
the submission by the Judicial and Bar Council.

Section 13. Composition of the Shari’ah

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Judicial and Bar Council. – The Shari’ah
Judicial and Bar Council shall be composed of
five (5) members: a senior member of the
Bangsamoro Shari’ah High Court, as ex-officio
Chair, the Head of the Shari’ah Academy, and
one (1) representative from the Bangsamoro
Parliament, as ex-officio member. The regular
members of the Council shall be one (1)
representative each from the accredited
organization of Shari’ah lawyers, and accredited
Ulama organization in the Bangsamoro.

The regular members of the Council shall be


appointed by the Chief Minister with a term of
five (5) years without reappointment.

Section 14. Functions of the Shari’ah


Judicial and Bar Council. The Shari’ah Judicial
and Bar Council shall have the following
functions:

a. Recommend nominees to the Shari’ah


Courts in the Bangsamoro which shall be
submitted to the Judicial and Bar
Council; and

b. Conduct investigations of erring members

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of the Shari’ah Bar and of judges and
personnel of the Shari’ah Courts in the
Bangsamoro and submit the results of
such investigation to the Supreme Court
for the latter’s action.
SEC. 95. Shari’ah Rules Of Court. The rules SEC. 111. Shari’ah Rules of Court. The Section 15. Shari’ah Rules of Court. The
of court for the Shari’ah courts in the rules of court for the Shari’ah courts in the rules of court for the Shari’ah courts in the
Bangsamoro Autonomous Region shall be Bangsamoro Autonomous Region shall be Bangsamoro shall be promulgated by the
promulgated by the Supreme Court. The promulgated by the Supreme Court. In the Supreme Court, giving utmost consideration to
Philippine Judicial Academy shall convene all meantime, the special rules of court for the recommendations of the Bangsamoro
the shari’a judges for the purpose of drawing Shari’ah courts, as promulgated by the Shari’ah High Court. In the meantime, the
up the rules of court for shari’a courts that Supreme Court, shall continue to be in force. special rules of court for Shari’ah courts, as
shalll be proposed to the Supreme Court for promulgated by the Supreme Court, shall
approval and for promulgation. In the continue to be in force.
meantime, the special rules of court for
Shari’ah courts, as promulgated by the
Supreme Court, shall continue to be in force.

SEC. 96. Special Bar Examinations For SEC. 112. Special Bar Examinations for Section 16. Special Bar Examinations for
Shari’ah. - The Supreme Court shall continue Shari’ah. – The Supreme Court shall Shari’ah. – The Bangsamoro Shari’ah High
to administer Shari’ah bar examinations for administer the Shari’ah Special Bar Court, under the strict supervision of the
admission of applicants to the Philippine Bar Examinations for admission of applicants to Supreme Court, shall administer Shari’ah
as special members thereof, with due the Philippine Bar as special members thereof. Special Bar Examinations for admission of
consideration for the special nature of the A successful examinee who has qualified for applicants to the Philippine Bar as special
shari'ah system. special membership in the Philippine Bar shall members thereof. A successful examinee who
be duly conferred the title of counselor-at-law. has qualified for special membership in the
Philippine Bar shall be duly conferred the title of
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counselor-at-law.
a.
SEC. 97. Compensation. - Judges of the
Shari’ah circuit court in the Bangsamoro
Autonomous Region are entitled to the same
compensation and enjoy the same privileges as
judges of municipal circuit trial courts.

Judges of the Shari’ah district court in the


Bangsamoro Autonomous Region are entitled
to the same compensation and enjoy the same
privileges as the judges of regional trial courts.

Section 17. Practice of law before Shari’ah


Courts. - The following are eligible to practice
before Shari'ah Courts:

a. A Shari’ah counselor-at-law;

b. A regular member of the Philippine Bar;

c. A Muslim who acts as counsel on his


behalf; and

d. A non-Muslim who submits to the


jurisdiction of the Shari’ah Court and
chooses to act as counsel on his behalf.
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SEC. 98. Appointment And Discipline Of SEC. 113. Appointment and Discipline of Section 18. Appointment and Discipline of
Shari’ah Court Personnel. -- The Supreme Shari’ah Court Personnel. – The Supreme Shari’ah Court Personnel. The Supreme Court
Court shall appoint the Shari’ah court Court shall appoint the Shari’ah court shall appoint the Shari’ah court personnel and
personnel, and shall have the power of personnel and shall have the power of shall have the power of discipline over them. The
discipline over them. discipline over them. Shari’ah Judicial and Bar Council shall conduct
investigations over erring personnel of the
Shari’ah courts, and submit the results of such
investigations to the Supreme Court for the
latter’s action.

Section 19. Bangsamoro Shari'ah Integrated


Bar. - The Parliament shall pass a law creating
the Bangsamoro Shari'ah Integrated Bar as the
official organization for the legal profession in
the Bangsamoro, which shall be compulsory in
membership for all Shari'ah lawyers. The
Supreme Court shall adopt the rules for the
integration of the Shari'ah bar which shall be
under the supervision of the Bangsamoro
Shari'ah High Court in accordance with the
powers and authority of the Supreme Court.

SEC. 99. Shari’ah Public Assistance Office. To SEC. 114. Shari’ah Public Assistance Section 20. Shari’ah Public Assistance
provide free legal assistance to indigent party Office. – There is hereby created a Shari’ah Office. There is hereby created a Shari’ah Public
litigants, the Bangsamoro Parliament shall Public Assistance Office which shall be part of Assistance Office which shall be part of the
create a Shari’ah Public Assistance Office for the Public Assistance Office. Public Assistance Office. The office shall be
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the different Shari’ah courts in the staffed by a director and two deputies who shall
Bangsamoro Autonomous Region. all be Counselors-at-Law. The Parliament may
determine the additional staff complement for
the said office. The Shari’ah Public Assistance
Office shall provide free legal assistance to
indigent party litigants with cases pending
before Shari’ah courts in the Bangsamoro.

SEC. 100. Shari’ah Special Prosecution SEC. 115. Shari’ah Special Prosecution Section 21. Shari’ah Special Prosecution
Service. - There shall be created a Shari’ah Service. – There shall be created a Shari’ah Service. – There shall be created a Shari’ah
Special Prosecution Service for Shari’ah Special Prosecution Service in charge of the Special Prosecution Service in charge of the
administration of justice in the Bangsamoro prosecution of criminal complaints before the prosecution of criminal complaints before the
Autonomous Region. The Shari’ah Special Shari’ah courts which shall be headed by a Shari’ah courts which shall be headed by a
Prosecution Service shall be attached to the Shari’ah General Prosecutor. The Shari’ah Shari’ah General Prosecutor. The Shari’ah
national prosecutorial service of the National counselors-at-law employed in the office shall counselors-at-law employed in the office shall be
Government. The Bangsamoro Regional be called Shari’ah prosecutors. The Shari’ah called Shari’ah prosecutors. The Shari’ah Special
Government shall recommend the qualified Special Prosecution Service shall be attached Prosecution Service shall be attached to the
applicants for the position of the Shari’ah to the National Prosecutorial Service of the National Prosecutorial Service of the Central
prosecutors and personnel of the Shari’ah National Government. The Bangsamoro Government. The Bangsamoro Government shall
special prosecution service to the Secretary of Regional Government shall recommend the recommend the qualified applicants for the
Justice. qualified applicants for the position of the position of the Shari’ah prosecutors and
Shari’ah prosecutors and personnel of the personnel of the Shari’ah Special Prosecution
Shari’ah Special Prosecution Service to the Service to the Secretary of Justice.
Secretary of Justice.

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SEC. 101. Shari’ah Academy. – There is SEC. 116. Shari’ah Academy. – There is Section 22. Shari’ah Academy. – There is
hereby created a Shari’ah Academy, the hereby created a Shari’ah Academy, the hereby created a Shari’ah Academy, the primary
primary function of which is to conduct primary function of which is to conduct function of which is to conduct courses in
courses and trainings on the practice of courses in Shari’ah and Fiqh, civil law, Shari’ah and Fiqh, civil law, commercial law, and
Shari’ah law in the Bangsamoro Autonomous commercial law, and criminal law, and criminal law, and trainings on the practice of
Region, accredit Shari’ah courses and degrees trainings on the practice of Shari’ah law in the Shari’ah law in the Bangsamoro, accredit
obtained by Bangsamoro from schools and Bangsamoro Autonomous Region, to accredit Shari’ah courses and degrees obtained from
universities abroad, and develop the Shari’ah courses and degrees obtained from schools and universities abroad, and develop the
curriculum of schools and universities in the law schools and universities abroad, and to curricula, textbooks, and learning materials of
Bangsamoro Autonomous Region. The develop the curricula, textbooks, and learning schools and universities in the Bangsamoro. The
Bangsamoro Parliament shall define its powers materials of law schools and universities in the Bangsamoro Parliament shall define its powers
and additional functions and appropriate Bangsamoro Autonomous Region. The and additional functions and appropriate funds
funds therefor. The Shari’ah Academy may Bangsamoro Parliament shall define its powers therefor. The Shari’ah Academy may coordinate
coordinate with the NCMF whenever and additional functions and appropriate with the National Commission on Muslim
necessary. funds therefor. Filipinos (NCMF) whenever necessary.

SEC. 102. Office Of Jurisconsult In Islamic SEC. 117. Bangsamoro Jurisconsult Section 23. Bangsamoro Jurisconsult in
Law. – There is hereby created an Office of in Islamic Law. – There is hereby created an Islamic Law. – There is hereby created an office
Jurisconsult of Islamic Law in the Office of Jurisconsult of Islamic Law in the of Jurisconsult of Islamic law in the
Bangsamoro Autonomous Region. The Bangsamoro Autonomous Region. The Bangsamoro. The Parliament shall define the
Parliament shall define the powers and Parliament shall define the powers and powers and functions of this office, including the
functions of this Office. functions of this office, including the rank, rank, salary, privileges, and benefits of the
salary, privileges, and benefits of the Jurisconsult including its subordinate
Jurisconsult and its subordinate personnel. personnel.

The Office of Jurisconsult shall be a collegial The Office of the Jurisconsult shall be a The office of the Jurisconsult shall be a collegial
body composed of the Jurisconsult and three collegial body composed of the Jurisconsult body composed of the Jurisconsult and five (5)

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(3) deputies who shall be appointed by the and five (5) Deputy Jurisconsult who shall be Deputies who shall be appointed by the Chief
Chief Minister upon recommendation of the appointed by the Chief Minister upon Minister upon recommendation of the
Parliament, taking into consideration the recommendation of the Bangsamoro Parliament, taking into consideration ethnic
various ethnic groups in the Bangsamoro Parliament, taking into consideration ethnic balance in the appointment.
Autonomous Region. balance in the appointment.

The Jurisconsult and his deputies shall be The Jurisconsult must be a Muslim, at The Jurisconsult must be a Muslim, at least
members of the Philippine Shari’ah Bar or the least forty (40) years of age, has obtained a forty (40) years of age, must obtain a Bachelor’s
Integrated Bar of the Philippines (IBP), Bachelor’s Degree in Islamic Law and Degree in Islamic Law and Jurisprudence or the
Bangsamoro who are subjects of the Shari’ah Jurisprudence or the equivalent of such a equivalent of such a degree, and member of the
court system, holders of bachelor degree in degree, and member of the Integrated Bar of Philippine Shari’ah Bar or the Integrated Bar of
Islamic law and jurisprudence, must uphold the Philippines. In addition, the Jurisconsult the Philippines. In addition, he must be an
Islamic injunctions, be of proven competence must be an eminent scholar of Islamic Law eminent scholar of Islamic law and
and probity, mentally fit, and be known for and Jurisprudence, and fluent in Arabic jurisprudence, and fluent in Arabic language. He
integrity and high moral standards. language. The Jurisconsult must be of proven must be of proven competence and probity,
competence and probity, mentally and mentally and physically fit, and known for his
physically fit, and with known integrity and integrity and high moral standards.
high moral standards.
The Deputy Jurisconsult must be a The deputies must be Muslims, at least 35 years
Muslim, at least thirty-five (35) years of age, a of age, holders of a Bachelor’s Degree in Islamic
holder of a Bachelor’s Degree in Islamic Law Law and Jurisprudence, and members of the
and Jurisprudence, a member of the Philippine Shari’ah Bar or the Integrated Bar of
Integrated Bar of the Philippines, of proven the Philippines. Each deputy must be of proven
competence and probity, mentally and competence and probity, mentally and physically
physically fit, and with known integrity and fit, and known for his integrity and high moral
high moral standards. standards.

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The term of office of the Jurisconsult The term of office of the Jurisconsult and his
and his deputies shall be five (5) years without deputies shall be five (5) years without prejudice
prejudice to reappointment. to reappointment.

SEC. 103. Jurisconsult Under Existing Law. - Section 24. Jurisconsult Under Existing Law.
Notwithstanding the preceding Section the – Notwithstanding the preceding section, the
office of the Jurisconsult under PD 1083 shall Office of the Jurisconsult under PD 1083 shall
be strengthened by being provided with salary, be strengthened by providing that the salary,
rank and privileges of a justice of the Court of rank, benefits, and privileges of the Jurisconsult
Appeals (CA). shall be equivalent to that of justices of the
Court of Appeals.

SEC. 118. Justices from the Bangsamoro Section 25. Justices from the Bangsamoro. It
Autonomous Region. As far as practicable, it shall be the policy of the Central Government
shall be the policy of the National Government that at least one (1) justice in the Supreme
that at least one (1) justice in the Supreme Court and two (2) justices in the Court of
Court and two (2) justices in the Court of Appeals, at any one time, shall be qualified
Appeals, at any one time, shall be qualified individuals of the Bangsamoro. For this purpose,
jurists of the Bangsamoro Autonomous the Chief Minister may, after consultations with
Region. For this purpose, the Chief Minister the Bangsamoro Parliament and the Shari'ah
may, after consultations with the Bangsamoro Judicial and Bar Council, submit the names of
Parliament, submit the names of qualified qualified persons to the Judicial and Bar
persons to the Judicial and Bar Council for its Council for its consideration.
consideration.

The appointments of those The appointments of those recommended by the

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recommended by the Chief Minister to the Chief Minister to the judicial positions
judicial positions mentioned above are without mentioned above are without prejudice to
prejudice to appointments that may be appointments that may be extended to other
extended to other qualified inhabitants of the qualified inhabitants of the Bangsamoro to other
Bangsamoro Autonomous Region to other positions in the Judiciary.
positions in the Judiciary.

SEC. 119. Deputy Court Administrator for Section 26. Deputy Court Administrator for
the Bangsamoro Autonomous Region. The the Bangsamoro. The Office of the Deputy
Office of the Deputy Court Administrator for Court Administrator for the Bangsamoro is
the Bangsamoro Autonomous Region is hereby hereby created. The Deputy Court Administrator
created. The Deputy Court Administrator shall for the Bangsamoro shall be appointed by the
be appointed by the Chief Justice of the Chief Justice of the Supreme Court from among
Supreme Court from among three (3) three (3) recommendees submitted by the Chief
recommendees submitted by the Chief Minister upon previous consultations with the
Minister. speaker of the Bangsamoro Parliament, the
presiding Justice of the Bangsamoro Shari’ah
High Court, the representative of the Shari’ah
Integrated Bar, and representative of the
Integrated Bar of the Philippines in the
Bangsamoro area.

TRIBAL JUSTICE SYSTEMS Traditional or Tribal Justice Systems Traditional or Tribal Justice Systems

SEC. 104. Tribal Justice Systems. – The SEC. 120. Traditional or Tribal Section 27. Traditional or Tribal Justice
Bangsamoro Parliament shall enact laws to Justice Systems. – The Bangsamoro Systems. – The Bangsamoro Parliament shall
promote and support the tribal justice systems Parliament shall enact laws to promote and enact laws to promote and support the
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that are appropriate for the indigenous support the traditional or tribal justice traditional or tribal justice systems that are
peoples, as defined by them. The tribal justice systems that are appropriate for the appropriate for the indigenous peoples, as
systems are the mechanisms to determine, indigenous peoples, as defined by them. The defined by them. The traditional justice systems
settle, and decide controversies and enforce traditional justice systems are the are the mechanisms to determine, settle, and
decisions involving disputes between members mechanisms to determine, settle, and decide decide controversies and enforce decisions
of the indigenous peoples concerned in controversies and enforce decisions involving involving disputes between members of the
accordance with the customary laws, disputes between members of the indigenous indigenous peoples concerned in accordance
institutional structures, juridical systems, peoples concerned in accordance with the with the tribal codes of these communities.
traditions and practices of the different Non- tribal codes of these communities.
Moro indigenous peoples.

SEC. 105. Office For Tribal Justice – There is SEC. 121. Office for Traditional or Tribal Section 28. Office for Traditional or Tribal
hereby created a Bangsamoro Autonomous Justice System. – There is hereby created an Justice System. – There is hereby created an
Region Office for Tribal Justice (BAROTJ) Office for Tribal Justice System responsible in Office for Tribal Justice System responsible in
responsible in overseeing the study, overseeing the study, preservation, and overseeing the study, preservation, and
preservation and development of the Tribal development of the tribal justice system within development of the tribal justice system within
Justice system within the Bangsamoro the Bangsamoro Autonomous Region. The the Bangsamoro. The powers and functions of
Autonomous Region. The powers and powers and functions of the office shall be the office shall be defined by the Bangsamoro
functions of the BAROTJ shall be defined by defined by the Bangsamoro Parliament. Parliament.
the Bangsamoro Parliament.

The BAROTJ shall ensure the full participation The Office shall ensure the full The Office shall ensure the full participation of
of indigenous peoples in the formulation, participation of indigenous peoples in the indigenous peoples in the formulation,
implementation and evaluation of policies formulation, implementation, and evaluation implementation, and evaluation of policies
related to the strengthening of tribal justice of policies related to the strengthening of tribal related to the strengthening of tribal justice
system; ensuring further that such systems justice system; ensuring further that such system; ensuring further that such systems
maintain their indigenous character in systems maintain their indigenous character maintain their indigenous character in

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accordance with the respective practices of in accordance with the respective practices of accordance with the respective practices of each
each tribe. each tribe. tribe.

LOCAL COURTS
SEC. 106. Local Courts. - Local courts in the
Bangsamoro Autonomous Region shall
continue to exercise their judicial functions, as
provided by law. The Bangsamoro Regional
Government may undertake measures to
improve their workings condition, consistent
with the powers of the Supreme Court.

Regular Courts in the Bangsamoro Regular Courts in the Bangsamoro

SEC. 122. Regular Courts. Regular Section 29. Regular Courts. Regular courts in
courts in the Bangsamoro Autonomous Region the Bangsamoro shall continue to exercise their
shall continue to exercise their judicial judicial functions, as provided by law. The
functions, as provided by law. The Bangsamoro Government shall undertake
Bangsamoro Regional Government shall measures to support the regular courts in the
undertake measures to support the regular Bangsamoro consistent with the powers of the
courts in the Bangsamoro Autonomous Region Supreme Court.
consistent with the powers of the Supreme
Court.

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ALTERNATIVE DISPUTE RESOLUTION Alternative Dispute Resolution Alternative Dispute Resolution
SYSTEM
SEC. 107. Alternative Dispute Resolution - SEC. 123. Alternative Dispute Section 30. Alternative Dispute Resolution.
The Bangsamoro Regional Government shall Resolution. The Bangsamoro Regional The Bangsamoro Government shall adopt the
provide for the institution of alternative Government shall adopt the principles of principles of conciliation and mediation in
dispute resolution system in the Bangsamoro conciliation and mediation in settling disputes settling disputes and, through Parliament, shall
Autonomous Region. The Parliament shall and, through Parliament, shall pass the pass the necessary legislation to institute the
enact the necessary legislation for the necessary legislation to institute the mechanism for alternative dispute resolution.
operationalization of alternative dispute mechanism for alternative dispute resolution. The Shari’ah Courts and the traditional and
resolution. The Shari’ah Courts and the traditional and tribal adjudicatory tribunal may utilize this
tribal adjudicatory tribunal may utilize this mode of settlement and resolution of cases
mode of settlement when feasible and useful. which may be feasible and useful.
The Bangsamoro Regional Government shall
adopt the principles of conciliation and
mediation in settling disputes. The
Bangsamoro Parliament may provide for prior
recourse to alternative dispute resolution
before the filing of cases in Shari’ah courts in
the Bangsamoro Autonomous Region or any
Bangsamoro Regional Government offices.

JUSTICES FROM THE BANGSAMORO


SEC. 108. Justices From Bangsamoro.- It
shall be the policy of the National Government
that, whenever feasible at least one (1) justice
in the Supreme Court and two (2) justices in
the Court of Appeals at any one time who shall

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be qualified jurist of the Bangsamoro
Autonomous Region. For this purpose, the
Chief Minister may, after consultations with
the Bangsamoro Parliament, submit the
names of qualified nominees to the Judicial
and Bar Council (JBC) for its consideration.
The appointments of those recommended by
the Chief Minister to the judicial positions
mentioned above are without prejudice to
appointments that may be extended to other
qualified inhabitants of the Bangsamoro
Autonomous Region to other positions in the
Judiciary.

SEC. 109. Deputy Court Administrator For The


Bangsamoro Autonomous Region. - The Office
of the Deputy Court Administrator for the
Bangsamoro Autonomous Region is hereby
created. The Deputy Court Administrator for
the Bangsamoro Autonomous Region shall be
appointed by the Chief Justice of the Supreme
Court from among three (3) recommendees
submitted by the Chief Minister upon previous
consultation with the Bangsamoro Parliament
and with the concerned sectors of the
Bangsamoro Autonomous Region.

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ARTICLE X Article X Article XI
PUBLIC ORDER AND SAFETY PUBLIC ORDER AND SAFETY PUBLIC ORDER AND SAFETY

SEC. 110. Public Order And Safety. - The SEC. 124. Public Order and Safety. – Section 1. Public Order and Safety. – The
Bangsamoro Regional Government shall have The Bangsamoro Regional Government shall Bangsamoro Government shall have primary
joint responsibility with the National have primary responsibility over public order responsibility over public order and safety within
Government over public order and safety and safety within the Bangsamoro the Bangsamoro. There shall be cooperation and
within the Bangsamoro Autonomous Region. Autonomous Region. There shall be coordination between the Central Government
cooperation and coordination between the and the Bangsamoro Government through the
National Government and the Bangsamoro intergovernmental relations mechanism.
Regional Government through the
intergovernmental relations mechanism.

SEC. 111. Bangsamoro Autonomous SEC. 125. Bangsamoro Autonomous Region Section 2. Bangsamoro Police. – There is
Regional Police (BARP). – There is hereby Police. – There is hereby created a hereby created a Bangsamoro Police which shall
created a Bangsamoro Autonomous Regional Bangsamoro Autonomous Region Police which be organized, maintained, supervised, and
Police, which is an integral part of the PNP. shall be organized, maintained, supervised, utilized for the primary purpose of law
The preservation of peace and order within the and utilized for the primary purpose of law enforcement and maintenance of peace and
Bangsamoro Autonomous Region shall be the enforcement and maintenance of peace and order in the Bangsamoro. It shall be part of the
responsibility of the BARP which shall be order in the Bangsamoro Autonomous Region. Philippine National Police.
organized, maintained, supervised, and It shall be an integral part of the Philippine
utilized, unless otherwise provided in this Act, National Police (PNP).
in accordance with RA No. 6975, otherwise
known as the “Department of the Interior and The Bangsamoro Autonomous Region The Bangsamoro Police shall be professional,
Local Government Act of 1990” as amended by Police shall be professional, civilian in civilian in character, regional in scope, effective
RA No. 8551 or the “Philippine National Police character, regional in scope, effective and and efficient in law enforcement, fair and

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Reform and Reorganization Act of 1998”. efficient in law enforcement, fair and impartial, impartial, free from partisan political control,
free from partisan political control, and and accountable under the law for its actions. It
The BARP shall be initially composed of accountable under the law for its actions. It shall be responsible both to the Central
existing PNP personnel in the ARMM. In the shall be responsible both to the National Government and the Bangsamoro Government,
recruitment of members of the BARP, priority Government and the Bangsamoro Regional and to the communities it serves.
shall be given to the inhabitants of the Government, and to the communities it serves.
Bangsamoro Autonomous Region, subject to
existing laws, rules and regulations on
recruitment and training.

SEC. 112. Powers And Functions Of The SEC. 126. Powers and Functions of the Section 3. Powers and Functions of the
Bangsamoro Autonomous Regional Police. – The Bangsamoro Autonomous Region Police. – Bangsamoro Police. – The Bangsamoro Police
BARP shall exercise within the Bangsamoro The Bangsamoro Autonomous Region Police shall exercise within the Bangsamoro the
Autonomous Region the following powers and shall exercise within the Bangsamoro the following powers and functions:
functions: following powers and functions:
1) Enforce laws enacted by the Congress 1) Enforce laws enacted by the Congress and
and by the Bangsamoro Parliament by the Bangsamoro Parliament relative to
relative to the protection of lives and the protection of lives and properties of
properties of the people; the people;
a. enforce laws enacted by the Congress
and by the Bangsamoro Parliament 2) Maintain law and order and ensure 2) Maintain law and order and ensure public
relative to the protection of lives and public safety; safety;
properties of the people;
3) Investigate and prevent crimes, arrest 3) Investigate and prevent crimes, arrest
b. maintain law and order and ensure criminal offenders, bring criminal criminal offenders, bring criminal
public safety; suspects to justice, and assist in their suspects to justice, and assist in their
prosecution; prosecution;

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No. 200, Sponsored by Sen. Marcos) (BTC version)
c. investigate and prevent crimes, arrest
criminal offenders, bring criminal 4) Conduct searches and seizures in 4) Conduct searches and seizures in
suspects to justice, and assist in their accordance with pertinent laws; accordance with pertinent laws;
prosecution;
5) Detain persons for a period not 5) Detain persons for a period not exceeding
d. conduct searches and seizures in exceeding what is prescribed by law, what is prescribed by law, inform the
accordance with pertinent laws; inform the person so detained of all his person so detained of all his or her rights
or her rights under the 1987 under the Constitution and this Basic
e. detain persons for a period not Constitution and this Basic Law, and Law, and observe the human rights of all
exceeding what is prescribed by law, observe the human rights of all people in people in the Bangsamoro;
inform the person so detained of all the the Bangsamoro Autonomous Region;
rights under the 1987 Philippine 6) Process and facilitate applications for the
Constitution and the Basic Law, and registration of firearms and the issuance
observe and respect human rights; 6) Process and facilitate applications for of licenses and permits for approval by the
Process and facilitate applications for the registration of firearms and the proper official of the Philippine National
the registration of firearms and the issuance of licenses and permits for Police;
issuance of licenses and permits for approval by the proper official of the
approval by the proper official of the PNP;
PNP;
f. initiate drives for the registration or 7) Initiate drives for the registration or 7) Initiate drives for the registration or
surrender of unregistered firearms; surrender of unregistered firearms; surrender of unregistered firearms;
confiscate unregistered firearms after confiscate unregistered firearms after confiscate unregistered firearms after
such drives are over; to file cases or such drives are over; prosecute or such drives are over; prosecute or
recommend to the President the grant of recommend to the President the grant of recommend to the President the grant of
amnesty or pardon to possessors of amnesty or pardon to possessors of amnesty or pardon to possessors of
unregistered firearms who surrender unregistered firearms who surrender unregistered firearms who surrender
them; and them; and them; and

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g. perform such other duties and exercise 8) Perform such other duties and exercise 8) Perform such other duties and exercise all
all other functions as may be provided all other functions as may be provided other functions as may be provided by law
by law enacted by Congress or by the by law enacted by Congress or by the enacted by Congress or by the
Bangsamoro Parliament. Bangsamoro Parliament. Bangsamoro Parliament.

SEC. 113. Bangsamoro Autonomous SEC. 127. Bangsamoro Autonomous Region Section 4. Bangsamoro Police Organization. –
Regional Police Organization. – The structural Police Organization. – The structural The structural organization of the Bangsamoro
organization of the BARP shall be as follows: organization of the Bangsamoro Police shall be Police shall be as follows:
as follows:
a. It shall be headed by a Bangsamoro 1) It shall be headed by a Bangsamoro 1) It shall be headed by a Bangsamoro Police
Autonomous Regional Police Director, Autonomous Region Police Director, who Director, who shall be assisted by at least
who shall be assisted by at least two (2) shall be assisted by at least two (2) two (2) deputies. They shall be
deputies. The Bangsamoro Autonomous deputies. They shall be professional professional police officers with the rank
Region police director and his deputies police officers with the rank of at least of, at least, Police Chief Superintendent.
shall come from the ranks of the Police Chief Superintendent. For a period of ten (10) years, immediately
professional police force, preferably from following the enactment of this Basic Law,
any province, city, or municipality of the the head of the Bangsamoro Police and his
Bangsamoro Autonomous Region. deputies may be selected from a list of
Bangsamoro Police officers with a rank of
Police Senior Superintendent;
b. It shall have regional, provincial, and 2) It shall have regional, provincial, and 2) It shall have regional, provincial, and city
city or municipal offices; city or municipal offices; or municipal offices;

c. The provincial office shall be headed 3) The provincial office shall be headed by 3) The provincial office shall be headed by a
by a provincial director, who shall be a a Provincial Director, who shall be a provincial director, who shall be a
professional police officer with the rank professional police officer with the rank professional police officer with the rank

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of, at least, police superintendent; and of at least Police Superintendent; and of, at least, police superintendent; and

d. The city or municipal office or station 4) The city or municipal office or station 4) The city or municipal office or station shall
shall be headed by a chief of police, who shall be headed by a Chief of Police, who be headed by a Chief of Police, who shall
shall be a professional police officer with shall be a professional police officer with be a professional police officer with the
the rank of, at least, police the rank of at least Police rank of, at least, police superintendent
superintendent for the city and police Superintendent for the city and Police for the city and police inspector for the
inspector for the municipality. Inspector for the municipality. municipality.

SEC. 114. Bangsamoro Autonomous Regional SEC. 128. Bangsamoro Autonomous Region Section 5. Bangsamoro Police Board. – There
Police Board (BARPB). – There is hereby Police Board. – There is hereby created a is hereby created a Bangsamoro Police Board,
created a Bangsamoro Autonomous Regional Bangsamoro Autonomous Region Police Board, which shall perform the functions of the
Police Board (BARPB), which shall perform the which shall perform the functions of the National Police Commission in the Bangsamoro
functions of the National Police Commission National Police Commission (NAPOLCOM) in Government. The board shall be part of the
(NAPOLCOM) in the Bangsamoro Autonomous the Bangsamoro Autonomous Region. The National Police Commission (NAPOLCOM). The
Region. The BARPB shall be under the Board shall be part of the NAPOLCOM. The NAPOLCOM shall ensure that the Bangsamoro
administration and control of the NAPOLCOM. NAPOLCOM shall ensure that the Board Police Board performs its powers and functions
The NAPOLCOM shall ensure that the BARPB performs the following powers and functions within the bounds of its authority. In addition, it
performs its powers and functions within the within the bounds of its authority: shall perform the following functions:
bounds of its authority. In addition, the BARP
shall perform the following functions:

a. to set the policing objectives and priorities 1) To set the policing objectives and 1) To set the policing objectives and priorities
in the Bangsamoro Autonomous Region; priorities in the Bangsamoro in the Bangsamoro;
Autonomous Region;
b. to monitor the performance of the BARP 2) To monitor the performance of the 2) To monitor the performance of the
against policing objectives and priorities; Bangsamoro Autonomous Region Police Bangsamoro Police against policing

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against policing objectives and priorities; objectives and priorities;

c. to monitor crime trends and patterns as 3) To monitor crime trends and patterns, 3) To monitor crime trends and patterns, as
well as performance in areas of human as well as, performance in areas of well as, performance in areas of human
rights, crime reduction, and crime human rights, crime reduction, and rights, crime reduction, and crime
prevention, recruiting patterns and crime prevention, recruiting patterns, prevention, recruiting patterns, and
employment opportunities in the and employment opportunities in employment opportunities in
Bangsamoro Autonomous Region; Bangsamoro Autonomous Region; Bangsamoro;

d. to provide information and guidance to 4) To provide information and guidance to 4) To provide information and guidance to
the Bangsamoro Regional Government the Bangsamoro Regional Government the Bangsamoro Government and the
and the PNP on the annual budgetary and the PNP on the annual budgetary PNP on the annual budgetary
requirement of the BARP; requirement of the Bangsamoro requirement of the Bangsamoro Police;
Autonomous Region Police;

e. to monitor police performance as against 5) To monitor police performance as 5) To monitor police performance as against
the budget allocation for the BARP; and against the budget allocation for the the budget allocation for the Bangsamoro
Bangsamoro Autonomous Region Police; Police; and
and
f. to make recommendations to the BARP 6) To recommend for appointment the 6) To recommend the Bangsamoro Police
director on the appointments of the Bangsamoro Autonomous Region Police Director and his Deputies, the Provincial
deputies, the provincial directors, and city Director and his Deputies, the Provincial Directors, and City and Municipal chiefs
and municipal chiefs of the BARP. Directors, and City and Municipal chiefs of the Bangsamoro Police.
of the Bangsamoro Autonomous Region
Police.

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The BARPB shall have the power to investigate The Board shall have the power to
complaints against the BARP. Appeals from its investigate complaints against members of the
decision may be lodged with the National Bangsamoro Autonomous Region Police,
Police Commission. Pending resolution of the conduct summary hearing, and adjudicate
appeal, its decisions may be executed. The administrative cases en banc. Appeals from its
rules and regulations governing the decision may be lodged with the National
investigation of the members of the PNP shall Appellate Board of the NAPOLCOM. Pending
be followed by the BARPB. resolution of the appeal, its decisions may be
executed. The Bangsamoro Autonomous
Region Police Board shall follow the existing
rules and regulations governing the
investigation and disposition of cases involving
members of the PNP, in the absence of law
enacted by the Bangsamoro Parliament.

The Bangsamoro Autonomous Region The Bangsamoro Police Board shall have the
Police shall adopt community policing as an power to investigate complaints against
essential mechanism in maintaining peace and members of the Bangsamoro Police, conduct
order. summary hearing, and adjudicate administrative
cases en banc. Appeals from its decision may be
lodged with the National Appellate Board.
Pending resolution of the appeal, its decisions
may be executed. The existing rules and
regulations governing the investigation and
disposition of cases involving members of the
Philippine National Police shall be followed by
the Bangsamoro Police Board in the absence of

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law enacted by the Bangsamoro Parliament.

SEC. 115. Composition Of The Board. - The SEC. 129. Composition of the Board. – The Section 6. Composition of the Board. – The
BARPB shall be composed of eleven (11) Board shall be composed of eleven (11) Board shall be composed of eleven (11)
members who must be a resident of the members. Six (6) members of the Board shall members. Six (6) members of the Board shall
Bangsamoro Autonomous Region, holder of a come from the Bangsamoro Parliament and come from the Bangsamoro Parliament and five
college degree and with known integrity and five (5), from various sectors. The six (6) (5), from various sectors. The six (6) members of
civic mindedness in the Bangsamoro members of the board coming from the the board coming from the Parliament shall not
Autonomous Region. All the members thereof Bangsamoro Parliament shall not hold any hold any other post. All the members thereof
shall be appointed by the Chief Minister in other post. All the members thereof shall be shall be appointed by the Chief Minister in
accordance with the rules promulgated by the appointed by the Chief Minister in accordance accordance with the rules promulgated by the
Bangsamoro Parliament for this purpose. with the rules promulgated by the Bangsamoro Parliament for this purpose.
Bangsamoro Parliament for this purpose.
The Chief Minister shall act as ex-officio The Chief Minister shall act as ex-officio Chair of
Chair of the Bangsamoro Autonomous Region the Bangsamoro Police Board.
Police Board.

SEC. 116. Terms Of Office. – The members of SEC. 130. Terms of Office. – The sectoral Section 7. Terms of Office. – The sectoral
the BARPB shall hold office for a period of representatives to the board shall hold office representatives to the board shall hold office for
three (3) years: Provided, That of those first for a period of three (3) years; provided that of a period of three (3) years; provided that of those
appointed four (4) shall hold office for three (3) those first appointed as sectoral first appointed as sectoral representatives, two
years, another four (4) shall hold office for two representatives, two (2) will sit for three (3) (2) will sit for three (3) years, another two (2) will
(2) years, and three (3) shall hold office for one years, another two (2) will sit for two (2) years, sit for two (2) years, and the last will sit for one
(1) year. Appointment for any vacancy shall and the last will sit for one (1) year. (1) year. Appointment for any vacancy shall only
only be for the unexpired term of the Appointment for any vacancy shall only be for be for the unexpired term of the predecessor.
predecessor. the unexpired term of the predecessor.

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The members of Parliament who are The members of Parliament who are likewise
likewise members of the Board shall hold office members of the Board shall hold office for the
for the duration of their elective terms. duration of their elective terms.

SEC. 117. Powers Of The Chief Minister Over SEC. 131. Powers of the Chief Minister Section 8. Powers of the Chief Minister Over
The BARP. - The Chief Minister shall have the Over the Bangsamoro Autonomous Region the Bangsamoro Police. – The Chief Minister
following powers over the BARP: Police. – The Chief Minister shall have the shall have the following powers over the
following powers over the Bangsamoro Police: Bangsamoro Police:
A. to act as ex officio chair of the 1) To act as ex-officio member of the 1) To act as ex-officio member of the National
Bangsamoro Autonomous Region NAPOLCOM; Police Commission and as ex-officio Chair
Police Board and as Deputy of the of the Bangsamoro Police Board;
NAPOLCOM in the Bangsamoro 2) To select the head of the Bangsamoro 2) To select the head of the Bangsamoro
Autonomous Region on matters Autonomous Region Police and his Police and his deputies;
dealing with the Bangsamoro deputies;
Autonomous Region Police; 3) To recommend to the Bangsamoro Police 3) To exercise operational control and
Director to employ or deploy the supervision and disciplinary powers over
elements of and assign or reassign the the Bangsamoro Police;
Bangsamoro Autonomous Region Police 4) To employ or deploy the elements of and
through the Bangsamoro Autonomous assign or reassign the Bangsamoro Police
Region Police Director. The Director through the Bangsamoro Police Director.
shall not countermand the order of the The Bangsamoro Police Director shall not
Chief Minister unless it is in violation of countermand the order of the Chief
the law; Minister unless it is in violation of the
law;
B. to oversee the preparation and 4) To oversee the preparation and 5) To oversee the preparation and
implementation of the integrated implementation of the Integrated implementation of the Integrated

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Bangsamoro Autonomous Region Bangsamoro Autonomous Region Public Bangsamoro Public Safety Plan;
public safety plan; Safety Plan; and

C. to impose, after due notice and 6) To impose, after due notice and summary
summary hearings of the of the hearings of the citizen’s complaints,
citizen’s complaints, administrative administrative penalties on personnel of
penalties on personnel of the the Bangsamoro Police, except those
Bangsamoro Autonomous Region appointed by the President; and
police except those appointed by the
President; such power shall be
exercised by the Chief Minister
through the creation of a People’s Law
Enforcement Board in accordance with
RA 8551.
D. do everything necessary to promote 5) Do everything necessary to promote Do everything necessary to promote widespread
widespread support for the widespread support for the Bangsamoro support for the Bangsamoro Police by residents of
Bangsamoro Autonomous Region Autonomous Region Police by residents the Bangsamoro.
Police by inhabitants of the of the Bangsamoro Autonomous Region.
Bangsamoro Autonomous Region.

SEC. 118. Staffing Level. - The average Section 9. Manning Level. – The average
staffing level of the Bangsamoro Autonomous manning level of the Bangsamoro Police shall be
Region Police shall be approximately in approximately in accordance with the police-to-
accordance with the police-to-population of population of one (1) police officer for every five
one (1) police officer for every five hundred hundred (500) persons. The actual strength by
(500) persons. The actual strength by cities cities and municipalities shall depend on the
and municipalities shall depend on the state of state of peace and order, population density,

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peace and order, population density and and actual demands of service in the particular
actual demands of service in the particular area; provided, that the minimum police to
area: Provided, That the minimum police to population ratio shall not be less than one (1)
population ratio shall not be less than one (1) police officer for every one thousand (1,000)
police officer for every one thousand (1,000) persons; provided further, that urban areas
persons: Provided, Further that urban areas shall have a higher minimum police to
shall have a higher minimum police to population ratio as may be prescribed by
population ratio as may be prescribed by regulations.
regulations.

There shall be a program in the police force


that will address gender-based violence. The
Bangsamoro Autonomous Region police shall
prioritize the recruitment and training of
women who shall serve in women’s desks.
Pursuant to this requirement, ten percent
(10%) of the Bangsamoro Autonomous Region
police annual recruitment, training, and
education quota shall be reserved for women.

Section 10. Appointment of Officers and


Members of the Bangsamoro Police. – The
appointment of the officers and members of the
Bangsamoro Police shall be effected in the
following manner:

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a. Police Officer I to Senior Police Officer IV. –
Appointed by the head of the
Bangsamoro Police, subject to the
confirmation of the Bangsamoro Police
Board, and attested by the Civil Service
Commission.

Other personnel for the Bangsamoro


Police shall also be appointed by its head.

b. Inspector to Superintendent. – Appointed


by the Chief of the Philippine National
Police, as recommended by the head of
the Bangsamoro Police and the Chief
Minister, and attested by the Civil Service
Commission; and

c. Senior Superintendent and above. –


Appointed by the President upon
recommendation of the chief of the
Philippine National Police, with proper
endorsement by the Chief Minister and
the Civil Service Commission.

SEC. 119. Community Police.- The Section 11. Community Policing. – The
Bangsamoro Autonomous Region police shall Bangsamoro Police shall adopt community
adopt community policing as an essential policing as an essential mechanism in

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mechanism in maintaining peace and order. maintaining peace and order. It shall promote
organization strategies that support the
systematic use of partnerships and problem
solving techniques to immediately address
public safety issues such as crimes and social
disorder.

To this effect, the Bangsamoro Police and


Community Relations Agency is hereby created.
Its organization shall be drawn up by the
Parliament.

Section 12. Law Governing the Bangsamoro


Police. – The Bangsamoro Parliament is hereby
authorized to enact laws to govern the
Bangsamoro Police consistent with this Basic
Law.
Section 13. Transitional Arrangements. –
Upon the establishment of the Bangsamoro
Transition Authority and pending the
organization of the Bangsamoro Police, the
Bangsamoro Transition Authority shall have
substantial participation in choosing the head
and in the employment and the deployment of
existing Philippine National Police in the
Bangsamoro. The head of the Bangsamoro Police
will be selected from a list of three (3) eligible

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officers recommended by the Philippine National
Police. Members of the PNP who are residents of
the Bangsamoro currently assigned in the
Autonomous Region in Muslim Mindanao shall
continue in their assignments until the finality
of the organization of the Bangsamoro Police.

Section 14. National Support Services. – The


relationship between the Bangsamoro Police and
the national support services of the Philippine
National Police shall be determined by the
intergovernmental relations body.

Section 15. Jail Management, Penology and


SEC. 132. Jail Management, Penology and Fire Protection. –The following agencies are
Fire Protection. – The following agencies are hereby created:
hereby created:
1) Bangsamoro Autonomous Region Jail 1) Bureau of Jail Management and Penology.
Management and Penology Bureau, – The Bangsamoro Bureau of Jail and
which shall render support to the Management Penology is hereby created to
Bangsamoro Autonomous Region Police. render support to the Bangsamoro Police,
with the following major programs, among
others: Livelihood Projects, Educational
and Vocation Training, Recreation and
Sports, and the Religious and Spiritual
Activities.
2) Bangsamoro Autonomous Region Fire 2) Bureau of Fire Protection. – The
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Protection Bureau, which shall be Bangsamoro Bureau of Fire Protection is
responsible for the prevention and hereby created. It shall be responsible for
suppression of destructive fires in the the prevention and suppression of
Bangsamoro Autonomous Region. destructive fires in the Bangsamoro.

The organization, composition, and The organization, composition, and functions of


functions of these agencies shall be contained these agencies shall be contained in the enacting
in the enacting laws, which the Parliament laws which the Parliament shall pass.
shall pass.

SEC. 120. Defense And Security.- The SEC. 133. Defense of the Bangsamoro Section 16. Defense of the Bangsamoro. – The
defense and security of the Bangsamoro Autonomous Region. – The defense of the defense of the Bangsamoro shall be the
Autonomous Region shall be the responsibility Bangsamoro Autonomous Region shall be the responsibility of the Central Government. The
of the National Government. Qualified responsibility of the National Government. The Central Government shall create a Bangsamoro
inhabitants of the Bangsamoro Autonomous National Government shall create a Military Command of the Armed Forces of the
Region shall be given preference for Bangsamoro Military Command of the Armed Philippines for the Bangsamoro, which shall be
assignments in the unit or units of the Armed Forces of the Philippines for the Bangsamoro, organized, maintained, and utilized in
Forces of the Philippines (AFP) in the area. which shall be organized, maintained, and accordance with national laws. Qualified
utilized in accordance with national laws. inhabitants of the Bangsamoro territory shall be
Qualified inhabitants of the Bangsamoro given preference in the leadership of Command
Autonomous Region shall be given preference for assignments in the said Bangsamoro Military
in assignment to the unit or units of the AFP Command.
deployed in the Region.

Section 17. Auxillary Contingent. - A


Bangsamoro auxillary contingent attached to the
Bangsamoro Military Command shall be

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organized and deployed or stationed in the
Bangsamoro. It shall provide support services to
the Bangsamoro Military Command such as
administrative, medical, nutritional,
recreational, and spiritual.

The members of the contingent shall have the


necessary qualifications and undergone training
relative to their chosen assignments, developed
skills and/or special training, as nursing aides,
nutritionists, physical therapists, or religious
personalities (ulama).

At least fifty percent (50%) of the auxiliary


contingent shall be women.

SEC. 121. Calling Upon The Armed Forces. - SEC. 134. Calling Upon the Armed Forces Section 18. Calling Upon the Armed Forces of
The provisions of the preceding section of the Philippines. –The Chief Minister may the Philippines. – Notwithstanding the
notwithstanding, the Chief Minister may request the President to call upon the AFP: provisions of the preceding sections, the Chief
request the President to call upon the AFP: Minister may request the President to call upon
the Armed Forces of the Philippines:
a. to prevent or suppress lawless 1) To prevent or suppress lawless violence, 1) To prevent or suppress lawless violence,
violence, invasion, or rebellion, when the invasion, or rebellion, when the public invasion, or rebellion, when the public
public safety so requires, in the safety so requires, in the Bangsamoro safety so requires, in the Bangsamoro;
Bangsamoro Autonomous Region; Autonomous Region;
b. to suppress the danger to or breach of 2) To suppress the danger to or breach of 2) To suppress the danger to or breach of
peace in the Bangsamoro Autonomous peace in the Bangsamoro, when the peace in the Bangsamoro, when the

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Region, when the Bangsamoro Bangsamoro Autonomous Region Police Bangsamoro Police is not able to do so;
Autonomous Region police is not able to is not able to do so; or or
do so; or
c. to avert any imminent danger to 3) To avert any imminent danger to public 3) To avert any imminent danger to public
public order and security in the order and security in the Bangsamoro order and security in the area of the
Bangsamoro Autonomous Region. Autonomous Region. Bangsamoro.

Section 19. Coordination. – The Central


Government and the Bangsamoro Government
shall establish coordination protocols, which
shall govern the movement of Armed Forces of
the Philippines in the Bangsamoro territory.

SEC. 135. Declaration of Martial Law or


Suspension of the Privilege Writ of Habeas
Corpus. In Case the President will declare
martial law or suspend the privilege of writ of
habeas corpus in the Bangsamoro
Autonomous Region, the Chief Minister must
be consulted on the fact of declaration or
suspension. The recommendation of the Chief
Minister must be taken consideration by the
President. Corollarily, the Chief as concurred
by at least 2/3 of the Members of the
Bangsamoro Parliament may recommend the
declaration of martial law or suspension of the

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privilege of the writ of habeas corpus in case of
widespread violence and lawlessness in the
area and rebellion in the area. The
recommendation of the Bangsamoro
Autonomous Regional Government must be
taken due consideration by the President.

SEC. 122. Indigenous Structure. - The Section 20. Indigenous Structure. The
Bangsamoro Regional Government shall Bangsamoro Government shall recognize
recognize indigenous structures or systems indigenous structures or systems which promote
which promote peace, and law and order. The peace, and law and order. The Bangsamoro
Bangsamoro Parliament shall provide Parliament shall provide institutional support to
institutional support to these structures and these structures and systems to enhance peace
systems to enhance peace and security in the and security in the Bangsamoro.
Bangsamoro Autonomous Region.

ARTICLE XI Article XI Article XII


FISCAL AUTONOMY FISCAL AUTONOMY FISCAL AUTONOMY

SEC. 123. Fiscal Autonomy. – The Section 1. Fiscal Autonomy. – The


Bangsamoro Autonomous Region shall enjoy SEC. 136. Fiscal Autonomy. – The Bangsamoro shall enjoy the maximum form of
fiscal autonomy with the end in view of Bangsamoro Autonomous Region shall enjoy fiscal autonomy with the end in view of attaining
attaining the highest form of economic self- greater local fiscal autonomy with the end in economic self-sufficiency and genuine
sufficiency and genuine development. It shall view of attaining economic self-sufficiency and development. It shall be entitled to all fund
be entitled to all fund sources enumerated genuine development. It shall be entitled to sources enumerated herein, and shall have the
herein, and shall have the power to create its various fund sources enumerated in this Basic power to create its sources of revenues as
sources of revenues as provided in this Basic Law, and shall have the power to create its provided in this law. It shall prepare its budget
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Law. It shall prepare its budget and shall sources of revenues as provided in this law. It and shall allocate funds in accordance with an
allocate funds in accordance with an annual shall prepare its budget and shall allocate annual appropriations law passed by the
appropriations law passed by the Bangsamoro funds in accordance with an annual Bangsamoro Parliament. The form, content, and
Parliament. The form, content, and manner of appropriations law passed by the Bangsamoro manner of preparation of the budget shall be
preparation of the budget shall be prescribed Parliament. The form, content, and manner of prescribed by law enacted by the Bangsamoro
by law enacted by the Bangsamoro Parliament. preparation of the budget shall be prescribed Parliament.
by law enacted by the Bangsamoro Parliament.
SEC. 137. Auditing. – All public funds Section 2. Auditing. – All public funds of the
of the Bangsamoro Autonomous Region are Bangsamoro are subject to auditing. For this
subject to auditing. For this purpose, a purpose, a Bangsamoro Commission on Audit
Bangsamoro Commission on Audit (BCA) is (BCA) is hereby created. It shall have the
hereby created. It shall have the primary primary power, authority, and duty to examine,
power, authority, and duty to examine, audit, audit, and settle all accounts pertaining to the
and settle all accounts pertaining to the revenue and receipts of, and expenditures or
revenue and receipts of, and expenditures or uses of funds and property, owned or held in
uses of funds and property, owned or held in trust by, or pertaining to the public funds
trust by, or pertaining to the public funds utilized by the Bangsamoro. The utilization of
utilized by the Bangsamoro Autonomous the revenue generated by the Bangsamoro
Region. The utilization of the revenue Government and block grants or subsidies from
generated by the Bangsamoro Regional foreign or domestic donors shall be subject to
Government and block grants or subsidies the auditing rules and regulations of the
from foreign or domestic donors shall be Bangsamoro Government and to auditing by the
subject to the auditing rules and regulations of BCA auditors.
the Bangsamoro Regional Government and to
auditing by the BCA auditors. The BCA shall
be under the administrative supervision and
control of the National Commission on Audit.

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The BCA’s power, authority, and duty The BCA’s power, authority, and duty shall be
shall be without prejudice to the power, without prejudice to the power, authority, and
authority, and duty of the Commission on duty of the Commission on Audit (COA) to
Audit (COA) to examine, audit, and settle all examine, audit, and settle all accounts,
accounts, pertaining to the revenues and the pertaining to the revenues and the use of funds
use of funds and property owned and held in and property owned and held in trust by any
trust by any government instrumentality, government instrumentality, including GOCCs.
including GOCCs.

With due regard to the BCA’s With due regard to the BCA’s responsibility to
responsibility to ensure the judicious use of ensure the judicious use of funds within the
funds within the Bangsamoro Autonomous Bangsamoro, disbursement vouchers of the
Region, disbursement vouchers of the Bangsamoro Government shall be submitted
Bangsamoro Regional Government shall be immediately to the BCA.
submitted immediately to the BCA.
SEC. 124. Local Government Finance. – The SEC. 138. Local Government Finance. Section 3. Local Government Finance. – The
Bangsamoro Regional Government shall create – The Bangsamoro Regional Government shall Bangsamoro Government shall create a
a mechanism for coordinating, assisting, and create a mechanism for coordinating, mechanism for coordinating, assisting, and
monitoring the finances of the constituent assisting, and monitoring the finances of the monitoring the finances of the constituent local
local government units in pursuance of good constituent local government units in government units in pursuance of good
governance and local autonomy. pursuance of good governance and local governance and local autonomy.
autonomy.
There is hereby created a Bureau of Local
Government Finance under the Ministry of
Finance to direct and supervise the local
government treasuries within the Bangsamoro.

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No. 200, Sponsored by Sen. Marcos) (BTC version)
SEC. 125. National Government Assistance. – SEC. 139. National Government Section 4. Central Government Assistance. –
The National Government shall extend Assistance. – The National Government shall The Central Government shall extend assistance
assistance to the Bangsamoro Regional extend assistance to the Bangsamoro Regional to the Bangsamoro Government in the matter of
Government in the matter of tax Government in the matter of tax tax administration and fiscal management. This
administration and fiscal management. This administration and fiscal management. This assistance shall include capacity building and
assistance shall include capacity building and assistance shall include capacity building and training programs, in accordance with a needs
training programs, in accordance with a needs training programs, in accordance with a needs assessment and capacity building plan
assessment and capacity building plan assessment and capacity building plan developed by the Bangsamoro Government in
developed by the Bangsamoro Regional developed by the Bangsamoro Regional consultation with the Central Government.
Government in consultation with the National Government in consultation with the National
Government. Government.

SEC. 126. Assistance To Other Regions. – The SEC. 140. Assistance to Other Regions. – Section 5. Assistance to Other Regions. –
Bangsamoro Regional Government may also Without prejudice to Article VI, Section 31 Without prejudice to Article VI, Section 10, the
assist the development efforts of other regions Basic Law, the Bangsamoro Regional Bangsamoro Government may also assist the
once the Bangsamoro Autonomous Region has Government may also assist the development development efforts of other regions once the
attained financial self-sustainability. efforts of other regions once it has attained Bangsamoro has attained financial self-
financial self-sustainability. sustainability.

SOURCES OF REVENUE Sources of Revenue Sources of Revenue

SEC. 127. Revenue Sources. – The SEC. 141. Revenue Sources. – The Section 6. Revenue Sources. – The
Bangsamoro Regional Government shall have Bangsamoro Regional Government shall have Bangsamoro Government shall have the power
the power to create its own sources of the power to create its own sources of to create its own sources of revenues and to levy
revenues and to levy taxes, fees, and charges, revenues and to levy taxes, fees, and charges, taxes, fees, and charges, subject to the
subject to the provisions of this Basic Law and subject to the provisions of this Basic Law and provisions of this law and consistent with the
consistent with the principles of devolution of consistent with the principles of equalization, principles of equalization, equity, accountability,
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No. 200, Sponsored by Sen. Marcos) (BTC version)
powers, equalization, equity, accountability, equity, accountability, administrative administrative simplicity, harmonization, and
administrative simplicity, harmonization, and simplicity, harmonization, economic efficiency, economic efficiency, and fiscal autonomy. Such
economic efficiency, and fiscal autonomy. and fiscal autonomy. Such taxes, fees, and taxes, fees, and charges shall accrue exclusively
Such taxes, fees, and charges shall accrue charges shall accrue exclusively to the to the Bangsamoro Government.
exclusively to the Bangsamoro Regional Bangsamoro Regional Government.
Government. The National Government shall
continue to levy national taxes in the
Bangsamoro Autonomous Region.

The sources of revenue of the Bangsamoro The sources of revenue of the The sources of revenue of the Bangsamoro
Regional Government shall include, among Bangsamoro Regional Government shall Government shall include, among others, the
others, the following: include, among others, the following: following:

a. taxes; 1) Taxes; 1) Taxes;


b. fees and charges; 2) Fees and charges; 2) Fees and charges;
c. annual block grant coming from National 3) Annual block grant from National 3) Annual block grant coming from Central
Government; Government; Government;
d. revenues from the exploration, 4) Revenues from the exploration, 4) Revenues from the exploration,
development and utilization of natural development, and utilization of natural development, and utilization of natural
resources derived from areas/territories, resources derived from areas within the resources derived from areas/territories,
land or water, covered by and within the territorial jurisdiction of the land or water, covered by and within the
jurisdiction of the Bangsamoro Bangsamoro Autonomous Region; jurisdiction of the Bangsamoro;
Autonomous Region; 5) Share in the government revenues 5) Share in the government revenues derived
derived from the exploration, from the exploration, development, and
development, and utilization of natural utilization of natural resources;
resources; 6) Share in the Central Government taxes,
6) Share in the National Government fees, and charges collected in the

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taxes, fees, and charges collected in the Bangsamoro;
Bangsamoro Autonomous Region; 7) Revenues from Bangsamoro government-
owned and/or –controlled corporations
(GOCCs), financial institutions and other
corporations, and shares from the
revenues of national GOCCs and its
subsidiaries operating in the
Bangsamoro, as may be determined by
the intergovernmental fiscal policy board;
e. grants from economic agreements entered 7) Grants from economic agreements 8) Grants from economic agreements entered
into by the Bangsamoro Regional entered into by the Bangsamoro into by the Bangsamoro Government and
Government and conventions to which Regional Government and conventions conventions to which the Central
the National Government is a party; to which the National Government is a Government is a party;
party;
f. grants and donations; and 8) Grants and donations; and 9) Grants and donations; and
g. loans and overseas development 9) Loans and Overseas Development 10) Loans and Overseas Development
assistance (ODA). Assistance (ODA). Assistance (ODA).

All powers over revenue generation already


granted to the Autonomous Region in Muslim
Mindanao under the Republic Act No. 9054 and
other legislations and executive issuances, are
transferred to the Bangsamoro.
SEC. 142. Baitalmal, Awqaf, and Section 7. Baitalmal, Awqaf, and Zakat
Zakat Regulation. – The Bangsamoro Regulation. - The Bangsamoro Parliament may
Parliament may enact legislation on the enact legislation on the regulation of baitalmal,
regulation of Baitalmal, Awqaf, and Zakat. awqaf, and zakat.

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No. 200, Sponsored by Sen. Marcos) (BTC version)
SEC. 128. Taxation. – The Bangsamoro Taxation Taxation
Regional Government shall exercise the power SEC. 143. Taxes, Fees, and Charges. Section 8. Taxes, Fees and Charges. – The
to levy taxes, fees or charges that were already – The Bangsamoro Regional Government shall Bangsamoro Government shall exercise the
given to the ARMM or allowed under RA 6734 exercise the power to levy taxes, fees, or power to levy taxes, fees or charges, including
and RA 9054, and other legislations, as well as charges, including those already granted to those already granted to the Autonomous Region
those that are provided herein. the ARMM under R.A. No. 6734, as amended in Muslim Mindanao under Republic Act 6734
by R. A. No. 9054, and other laws and as amended by Republic Act 9054, and other
executive issuances. legislations and executive issuances, as well as
those that are provided herein.
In enacting revenue-raising measures, the In enacting revenue-raising measures, In enacting revenue-raising measures, the
Bangsamoro Regional Government shall the Bangsamoro Regional Government shall Bangsamoro Government shall observe the
observe the principles of uniformity and equity observe the principles of uniformity and equity principles of uniformity and equity in taxation.
in taxation. Revenues shall inure solely to the in taxation. Revenues shall inure solely to the Revenues shall inure solely to the benefit of, and
benefit of, and be subject to the disposition by, benefit of, and be subject to the disposition by, be subject to the disposition by, the Bangsamoro
the Bangsamoro Regional Government. the Bangsamoro Regional Government. Government.

Taxes, fees, or charges shall not be unjust, Taxes, fees, or charges shall not be Taxes, fees, or charges shall not be unjust,
excessive, oppressive, confiscatory or contrary unjust, excessive, oppressive, confiscatory, or excessive, oppressive, confiscatory, or contrary
to public policy. The collection of Bangsamoro contrary to public policy. The collection of the to public policy. The collection of Bangsamoro
Autonomous Region taxes, fees, charges and Bangsamoro Autonomous Region taxes, fees, taxes, fees, charges, and other impositions shall
other impositions shall not be let to any and charges shall not be delegated to any not be delegated to any private person.
private person. private person.

Entities with franchises, licenses, and permits


granted by Congress of the Philippines which
are already taxed by the National Government
and granted exemption pursuant to their

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No. 200, Sponsored by Sen. Marcos) (BTC version)
franchises, licenses and permits are excluded
from the taxing power of the Bangsamoro
Regional Government.

The power to impose a tax under this Basic The power to impose a tax under this The power to impose a tax under this Basic Law
Law shall be exercised by the Bangsamoro Basic Law shall be exercised by the shall be exercised by the Bangsamoro
Parliament, through an appropriate legislation, Bangsamoro Parliament, through an Parliament, through an appropriate legislation,
which shall not be enacted without any prior appropriate legislation, which shall not be which shall not be enacted without any prior
public hearing conducted for the purpose. The enacted without any prior public hearing public hearing conducted for the purpose. The
Bangsamoro Regional Government shall, as far conducted for the purpose. The Bangsamoro Bangsamoro Government shall evolve a
as practicable, evolve a progressive system of Regional Government shall evolve a progressive, responsive, and culture sensitive
taxation. progressive, responsive, and culture-sensitive system of taxation which shall, among other
system of taxation which shall, among other things, provide for incentives for the prompt
things, provide for incentives for the prompt payment of taxes and penalize tax evasion and
payment of taxes and penalize tax evasion and delinquency.
delinquency.

SEC. 129. Tax Incentives. – To encourage SEC. 144. Tax Incentives. – To encourage Section 9. Tax Incentives. – To encourage
investments and other economic activities, the investments and other economic activities, the investments and other economic activities, the
Bangsamoro Regional Government shall have Bangsamoro Regional Government shall have Bangsamoro Government shall have the power
the power to grant tax exemptions, rebates, the power to grant tax exemptions, rebates, to grant tax exemptions, rebates, tax holidays,
tax holidays and other incentives from the tax holidays, and other incentives including and other incentives including those granted to
taxes imposed by it including those granted to those granted to the Regional Board of the Regional Board of Investment of the
the regional board of investment of the ARMM: Investment of the ARMM, as provided in R.A. Autonomous Region in Muslim Mindanao, as
Provided That any grant of exemption in the No. 6734, as amended by R.A. No. 9054, other provided in RA 6734, RA 9054, other
form of rebate or refund shall be funded from legislations, and executive issuances: legislations, as well as, executive issuances. As
the Bangsamoro Autonomous Region funds or Provided, That any grant of exemption in the part of incentives to investors, the Bangsamoro

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No. 200, Sponsored by Sen. Marcos) (BTC version)
budget. As part of incentives to investors, the form of rebate or refund shall be funded from may opt instead to impose a flat rate lump sum
Bangsamoro Autonomous Region may opt the Bangsamoro Autonomous Region funds or tax on small and medium enterprises.
instead to impose a flat rate lump sum tax on budget. As part of incentives to investors, the
small and medium enterprises. Bangsamoro Autonomous Region may opt
instead to impose a flat rate lump sum tax on
small and medium enterprises.

SEC. 130. Taxing powers. The following taxes SEC. 145. Taxing Powers. The following
in the Bangsamoro Autonomous Region shall taxes shall be levied by the Bangsamoro Section 10. Taxing Powers. The following taxes
be levied by the Bangsamoro Regional Regional Government: in the Bangsamoro shall be levied by the
Government. Bangsamoro Government:

a. capital gains tax. – tax imposed on the 1) Capital Gains Tax; 1) Capital Gains Tax. – Tax imposed on the
gains presumed to have been realized by gains presumed to have been realized by
the seller from the sale, exchange, or the seller from the sale, exchange, or other
other disposition of capital assets, disposition of capital assets, including
including pacto de retro sales and other pacto de retro sales and other forms of
forms of conditional sale; conditional sale;

b. documentary stamp tax. – tax on 2) Documentary Stamp Tax; 2) Documentary Stamp Tax. – Tax on
documents, instruments, loan documents, instruments, loan
agreements and papers evidencing the agreements, and papers evidencing the
acceptance, assignment, sale or transfer acceptance, assignment, sale or transfer
of an obligation rights or property of an obligation rights or property
incident thereto; incident thereto;

c. donor’s tax. – tax on a donation or gift, 3) Donor’s Tax; 3) Donor’s Tax. – Tax on a donation or gift,

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No. 200, Sponsored by Sen. Marcos) (BTC version)
and is imposed on the gratuitous transfer and is imposed on the gratuitous transfer
of property between two or more persons of property between two or more persons
who are living at the time of the transfer. who are living at the time of the transfer.
It shall apply whether the transfer is in It shall apply whether the transfer is in
trust or otherwise, whether the gift is trust or otherwise, whether the gift is
direct or indirect and whether the direct or indirect, and whether the
property is real or personal, tangible or property is real or personal, tangible or
intangible; intangible;

d. estate tax. – tax on the right of the 4) Estate Tax; 4) Estate Tax. – Tax on the right of the
deceased person to transmit his/her deceased person to transmit his/her
estate to his/her lawful heirs and estate to his/her lawful heirs and
beneficiaries at the time of death and on beneficiaries at the time of death and on
certain transfers, which are made by law certain transfers, which are made by law
as equivalent to testamentary disposition; as equivalent to testamentary
disposition;
e. income tax levied on banks and other 5) Income tax levied on banks, non-bank
financial institutions; intermediaries, and other financial 5) Income tax levied on banks, non-bank
institutions operating in the intermediaries, and other financial
Bangsamoro Autonomous Region; institutions operating in the bangsamoro;

f. registration fees of vessels which are 6) Registration fees of vessels which are 6) Registration fees of vessels which are
registered by their owners with the registered by their owners with the registered by their owners with the
Bangsamoro Regional Government and Bangsamoro Regional Government and Bangsamoro Government and wharfage
wharfage on wharves constructed and wharfage on wharves constructed and on wharves constructed and maintained
maintained by the Bangsamoro Regional maintained by the Bangsamoro by the Bangsamoro Government or the
Government or the local government unit Regional Government or the local local government unit concerned;

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concerned; government unit concerned;
7) Tolls on bridges or roads constructed and
g. tolls on bridges or roads constructed and 7) Tolls on bridges or roads constructed maintained by the provinces, cities,
maintained by the provinces, cities, and maintained by the provinces, municipalities, or barangays concerned
municipalities, or barangays concerned or cities, municipalities, or barangays or by the Bangsamoro Government;
by the Bangsamoro Regional Government; concerned or by the Bangsamoro
Regional Government;

h. taxes, fees, or charges on agricultural and 8) Taxes, fees, or charges on agricultural 8) Taxes, fees, or charges on agricultural and
aquatic products, except when sold by and aquatic products, except when sold aquatic products, except when sold by
marginal farmers or fisherfolk; by marginal farmers or fisherfolk; marginal farmers or fisherfolk;

i. excise taxes on articles that are not 9) Excise taxes on articles that are not 9) Excise taxes on articles that are not
enumerated under the national internal enumerated under the National enumerated under the National Internal
revenue code; Internal Revenue Code; Revenue Code;

10) Taxes, fees, and charges for passengers


travelling to and from the Bangsamoro;

j. taxes, fees, or charges on countryside, 10) Taxes, fees, or charges on countryside, 11) Taxes, fees, or charges on countryside,
barangay enterprises and cooperatives barangay enterprises and cooperatives barangay enterprises and cooperatives
not registered under RA 6810, the “Magna not registered under R.A. No. 6810, or not registered under Republic Act No.
Carta for Countryside and Barangay the “Magna Carta for Countryside and 6810, the “Magna Carta for Countryside
Business Enterprises” and RA 6938, the Barangay Business Enterprises” and and Barangay Business Enterprises” and
“Cooperatives Code of the Philippines,” R.A. No. 6938, or the “Cooperatives Republic Act No. 6938, the “Cooperatives
respectively; and Code of the Philippines”; and Code of the Philippines,” respectively;
and

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No. 200, Sponsored by Sen. Marcos) (BTC version)
k. such other taxes that were allowed to be 11) Such other taxes that were allowed to 12) Such other taxes that were allowed to be
levied by the government of the ARMM be levied by the Government of the levied by the Government of the
under RA 6734, RA 9054, and other ARMM under R.A. No. 6734, as Autonomous Region in Muslim Mindanao
legislations and executive issuances. amended by R.A. No. 9054, and other under RA 6734, RA 9054, and other
legislations and executive issuances. legislations and executive issuances.

Where all taxable elements are within the Where all taxable elements are within Where all taxable elements are within the
Bangsamoro Autonomous Region, taxes under the Bangsamoro Autonomous Region, taxes Bangsamoro territory, taxes under letters (a) to
letters (a) to (d) above shall no longer be under (1) to (4) above shall no longer be (d) above shall no longer be imposed by the
imposed by the Bureau of Internal Revenue imposed by the Bureau of Internal Revenue Bureau of Internal Revenue (BIR) of the Central
(BIR) of the National Government. (BIR) of the National Government. The Government. The Intergovernmental Fiscal
Bangsamoro Autonomous Region Fiscal Policy Policy Board shall promulgate rules on the
Board shall promulgate rules on the determination of taxable elements in relation to
determination of taxable elements in relation taxes (a) to (d) above and on the sharing of
to taxes (1) to (4) above and on the sharing of revenues from the collection of such taxes where
revenues from the collection of such taxes the taxable elements are found within and
where the taxable elements are found within outside of the Bangsamoro territory. Any
and outside of the Bangsamoro Autonomous dispute between the Bangsamoro Government
Region. Any dispute between the Bangsamoro and the Central Government arising from the
Regional Government and the National imposition of the above taxes shall be addressed
Government arising from the imposition of the by the Intergovernmental Fiscal Policy Board.
above taxes shall be resolved by the
Bangsamoro Autonomous Region Fiscal Policy
Board.

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No. 200, Sponsored by Sen. Marcos) (BTC version)
SEC. 131. Share In Taxes Of The National SEC. 146. Share in Taxes of the National Section 11. Share in Taxes of the Central
Government. – National Government taxes, Government. – National Government taxes, Government. – Central Government taxes, fees,
fees, and charges collected in the Bangsamoro fees, and charges collected in the Bangsamoro and charges collected in the Bangsamoro, other
Autonomous Region, other than tariff and Autonomous Region, other than tariff and than tariff and customs duties, shall be shared
customs duties, shall be shared as follows: customs duties, shall be shared as follows: as follows:

a. twenty-five percent (25%) to the National 1) Twenty-five (25%) percent to the 1) Twenty-five (25%) percent to the Central
Government; and National Government; and Government; and

b. seventy-five percent (75%) to the 2) Seventy-five (75%) percent to the 2) Seventy-five (75%) percent to the
Bangsamoro Autonomous Region, Bangsamoro, including the shares of Bangsamoro, including the shares of the
including the shares of the local the local government units. local government units.
government units.

Corporations, partnerships, or firms directly The aforementioned twenty-five percent The aforementioned twenty-five percent (25%)
engaged in business in the Bangsamoro (25%) share of the National Government shall, share of the Central Government shall, for a
Autonomous Region shall pay their for a period of ten (10) years, be retained by period of ten (10) years, be retained by the
corresponding taxes, fess, and charges in the the Bangsamoro Regional Government. The Bangsamoro Government. The period for
province or city, where the corporations, period for retention may be extended upon retention may be extended upon mutual
partnership, or firm is doing business. mutual agreement of the National Government agreement of the Central Government and the
and the Bangsamoro Regional Government. Bangsamoro Government.
Corporations, partnership, or firms whose
central, main, or head offices are located
outside the Bangsamoro Autonomous Region
but which are doing business within its
territorial jurisdiction by farming, developing,
or utilizing the land, aquatic, or natural

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No. 200, Sponsored by Sen. Marcos) (BTC version)
resources therein, shall pay the income taxes
corresponding to the income realized from
their business operations in the Bangsamoro
Autonomous Region to the city, or
municipality where their branch offices or
business operations or activities are located.

The share in taxes, fees, and charges provided The shares in taxes, fees, and charges The shares in taxes, fees, and charges provided
under this Section are separate and distinct provided under this Section shall be separate under this section shall be an amount separate
from the annual block grant that is and distinct from the annual block grant and distinct from the annual block grant
appropriated to the Bangsamoro Regional appropriated to the Bangsamoro Autonomous appropriated to the Bangsamoro under Section
Government under Section 135 of this Article. Region under Section 151 of this Act. 17 of this article.

SEC. 132. Assessment And Collection Of SEC. 147. Assessment and Collection of Section 12. Assessment and Collection of
Taxes. – The Bangsamoro Parliament shall, by Taxes; Bangsamoro Revenue Office. – The Taxes; Bangsamoro Revenue Office. – The
law, establish the Bangsamoro Autonomous Bangsamoro Parliament shall, by law, Bangsamoro Parliament shall, by law, establish
Regional Tax Office (BARTO) within the establish the Bangsamoro Autonomous Region the Bangsamoro Revenue Office within the
Bangsamoro Autonomous Region for the Revenue Office for the purpose of assessing Bangsamoro for the purpose of assessing and
purpose of assessing and collecting and collecting taxes and all other collectible collecting Bangsamoro taxes, as well as, all
Bangsamoro Autonomous Region taxes. taxes in the Bangsamoro Autonomous Region. other collectible taxes in the Bangsamoro.

The Bangsamoro Revenue Office shall collect


such taxes and remit the share of the Central
Government through a duly accredited
depository bank.

Until such time that the BARTO is established, Until such time that the Bangsamoro Until such time that the Bangsamoro Revenue

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No. 200, Sponsored by Sen. Marcos) (BTC version)
the collection of Bangsamoro Autonomous Autonomous Region Revenue Office is Office is established, the collection shall be done
Region taxes shall be done by the BIR. The established, the collection of taxes in the by the Bureau of Internal Revenue (BIR). The
share of the Bangsamoro Regional Government region shall be done by the BIR. The share of share of the Bangsamoro Government shall be
shall be directly remitted to it. the Bangsamoro Regional Government shall be retained by the Central Government collecting
retained by the National Government agencies and shall be remitted or released to the
collecting agencies and shall be remitted or Bangsamoro in lump sum without need for an
released to the Bangsamoro Autonomous appropriations law.
Region in lump sum without need for an
appropriations law.
When the Bangsamoro Autonomous When the Bangsamoro Revenue Office is
Region Revenue Office is established, and established, and collection of the above taxes is
collection of the above taxes is undertaken by undertaken by said office, the cost of
said office, the cost of administering the tax administering the tax collection shall be co-
collection shall be co-shared between the shared between the Central Government and the
National Government and the Bangsamoro Bangsamoro Government.
Regional Government.
The Bangsamoro Autonomous Region
Revenue Office shall collect such taxes and
remit the share of the National Government
through a duly accredited depository bank.

SEC. 148. Payment of Taxes by Section 13. Payment of Taxes by


Corporations, Partnerships or Firms. – Corporations, Partnerships or Firms. -
Corporations, partnerships, or firms directly Corporations, partnerships, or firms directly
engaged in business in the Bangsamoro engaged in business in the Bangsamoro shall
Autonomous Region shall pay their pay their corresponding taxes, fees, and charges
corresponding taxes, fees, and charges in the in the province or city, where the corporation,

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province or city where the corporation, partnership, or firm is doing business.
partnership, or firm is doing business.

Corporations, partnerships, or firms Corporations, partnerships, or firms whose


whose central, main, or head offices are central, main, or head offices are located outside
located outside the Bangsamoro Autonomous the Bangsamoro but which are doing business
Region but which are doing business within its within its territorial jurisdiction shall pay the
territorial jurisdiction shall pay the income income taxes for income derived from their
taxes for income derived from their business business operations in the Bangsamoro to the
operations in the Bangsamoro Autonomous city, or municipality where their branch offices
Region to the city or municipality where their or business operations or activities are located.
branch offices or business operations or The BIR and the Bangsamoro Revenue Office
activities are located. The BIR and the shall agree on modalities for the filing of income
Bangsamoro Autonomous Region Revenue tax returns through the Intergovernmental
Office shall agree on modalities for the filing of Fiscal Policy Board.
income tax returns through the Bangsamoro
Autonomous Region Fiscal Policy Board.

SEC. 133. Share Of The Constituent Local SEC. 149. Share of the Constituent Local Section 14. Share of the Constituent Local
Government Units In Taxes Within The Government Units in Taxes. – The Government Units in Taxes within the
Bangsamoro Autonomous Region. – The Bangsamoro Parliament shall enact a law Bangsamoro. – The Bangsamoro Parliament
Bangsamoro Parliament shall enact a law detailing the shares of constituent local shall enact a law detailing the shares of
detailing the shares of constituent local government units in the 75% share of the constituent local government units in the 75%
government units in the seventy five percent Bangsamoro Regional Government in the share of the Bangsamoro Government in the
(75%) share of the Bangsamoro Regional taxes, fees, and charges collected in their taxes, fees, and charges collected in their
Government in the taxes, fees and charges territorial jurisdiction for the National jurisdiction for the Central Government in the
collected in their jurisdiction by the National Government. Bangsamoro.

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Government in the Bangsamoro Autonomous
Region.

SEC. 134. Bangsamoro Autonomous Region SEC. 150. Bangsamoro Autonomous Region Section 15. Bangsamoro Taxes and Revenue
Taxes and Revenue Code. – The Bangsamoro Taxes and Revenue Code. – The Bangsamoro Code. – The Bangsamoro Parliament shall enact
Parliament shall enact a Bangsamoro Parliament shall enact a Bangsamoro a Bangsamoro Tax Code, which shall cover the
Autonomous Region Tax Code, which covers Autonomous Region Taxes and Revenue Code, taxing powers of the Bangsamoro Government.
the taxing powers of the Bangsamoro Regional which shall cover the taxing powers of the
Government. Bangsamoro Regional Government.

SEC. 135. Fees And Charges. – The SEC. 151. Fees and Charges. – The Section 16. Fees and Charges. – The
Bangsamoro Regional Government shall Bangsamoro Autonomous Region shall Bangsamoro shall exercise the power to levy fees
exercise the power to levy fees and charges exercise the power to levy fees and charges and charges pursuant to the powers and
pursuant to the powers and functions that it pursuant to the powers and functions that it functions that it shall exercise in accordance
shall exercise in accordance with this Basic shall exercise in accordance with this basic with this Basic Law, including the powers
Law, including the powers already granted law, including the powers already granted already granted under Republic Act. No. 6734,
under RA 6734, RA 9054 and other executive under Republic Act No. 6734 and Republic Act RA 9054 and other executive issuances, and
issuances, and memoranda of agreement. No. 9054 and other executive issuances, and memoranda of agreement.
memoranda of agreement.

BLOCK GRANT Block Grant Block Grant

SEC. 136. Annual Block Grant. – The SEC. 152. Annual Block Grant. –The Section 17. Annual Block Grant. – With the
National Government shall provide an annual National Government shall provide an annual Bangsamoro enjoying the maximum form of
block grant which shall be the share of the block grant which shall be the share of the fiscal autonomy as provided in Section 1 of this
Bangsamoro Regional Government in the Bangsamoro Autonomous Region in the Article, the Central Government shall provide an
national internal revenue. The amount shall be national internal revenue of the National annual block grant which shall be the share of
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sufficient for the exercise of the powers and Government. The amount shall be sufficient the Bangsamoro in the national internal revenue
functions of the Bangsamoro Regional for the exercise of the powers and functions of of the Government. The amount shall be
Government under this Basic Law which in no the Bangsamoro Regional Government under sufficient for the exercise of the powers and
case to be less than the last budget received by this Basic Law and in no case shall it be less functions of the Bangsamoro Government under
the ARMM immediately before the than the last budget received by the ARMM this Basic Law and in no case to be less than the
establishment of the Bangsamoro Transition immediately before the establishment of the last budget received by the Autonomous Region
Authority. Bangsamoro Transition Authority. in Muslim Mindanao immediately before the
establishment of the Bangsamoro Transition
Authority.

SEC. 137. Formula Of The Block Grant. – For SEC. 153. Formula of the Block Grant. – Section 18. Formula of the Block Grant. – For
the budget year immediately following the year For the budget year immediately following the the budget year immediately following the year
this act takes effect, the amount of the block effectivity of this Basic Law, the amount of the this Act takes effect, the amount of the block
grant shall be equivalent to four per cent (4%) block grant shall be equivalent to six percent grant shall be equivalent to Six Percent (6%) of
of the net national internal revenue collection (6%) of the net national internal revenue the net national internal revenue collection of
of the Bureau of Internal Revenue less the collection of the BIR and Bureau of Customs. Bureau of Internal Revenue and of the Bureau of
internal revenue allotment of local government Customs.
units.
For purposes of this Section, the net national For purposes of this Section, the net For purposes of this Section, the net national
internal revenue collection of the Bureau of national internal revenue collection of the BIR internal revenue collection of the Bureau of
Internal Revenue is understood to be the sum is understood to be the sum of all internal Internal revenue is understood to be the sum of
of all internal revenue tax collections during revenue tax collections during the base year all internal revenue tax collections during the
the base year less the amount released during less the internal revenue allotment of local base year less the internal revenue allotment of
the same year for tax refunds, payments for government units, as well as, the amount local government units, as well as, the amount
informer’s reward, and any portion of internal released during the same year for tax refunds, released during the same year for tax refunds,
revenue tax collections which are presently set payments for informer’s reward, and any payments for informer’s reward, and any portion
aside, or hereafter earmarked under special portion of internal revenue tax collections of internal revenue tax collections which are

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laws for payment to third persons. which are presently set aside, or hereafter presently set aside, or hereafter earmarked
earmarked under special laws for payment to under special laws for payment to third persons.
Provided, That the computation shall be based third persons: Provided, That the computation Provided, that the computation shall be based
on collections from the third fiscal year shall be based on collections from the third on collections from the third fiscal year
preceding the current fiscal year; fiscal year preceding the current fiscal year; preceding the current fiscal year;
Provided further, That the above formula shall
Provided, Furthermore, that in the event that be adjusted if, after the effectivity of this Basic Provided, further, that the above formula shall
the National Government incurs an Law, the National Government incurs an be adjusted if, after the effectivity of this Act,
unmanageable public sector deficit, the unmanageable public sector deficit. there occurs a change in the total land area of
President of the Philippines, with prior the Bangsamoro.
consultation with the Chief Minister of the
Bangsamoro Parliament may adjust the
annual block grant of the Bangsamoro
Autonomous Region :

Provided, Finally, that this adjustment shall be


during the duration of the unmanageable
public sector deficit only.

SEC. 138. Automatic Appropriation. – The SEC. 154. Automatic Appropriation. – The Section 19. Automatic Appropriation. – The
annual block grant shall be automatically annual block grant shall be automatically annual block grant shall be automatically
appropriated to the Bangsamoro Regional appropriated to the Bangsamoro Regional appropriated to the Bangsamoro Government
Government and reflected in the GAA. The Government and reflected in the General and reflected in the General Appropriations Act.
Bangsamoro Parliament shall pass an annual Appropriations Act.
appropriations law that allocates the block The Bangsamoro Parliament shall pass The Bangsamoro Parliament shall pass an
grant to various agencies and programs, an annual appropriations law that allocates annual appropriations law that allocates the
according to the powers and functions of the the block grant to various agencies and block grant to various agencies and programs,

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Bangsamoro Regional Government giving programs, according to the powers and according to the powers and functions of the
highest priority to education. The Bangsamoro functions of the Bangsamoro Regional Bangsamoro Government. The Bangsamoro
Autonomous Region annual appropriations Government. The Bangsamoro Autonomous annual appropriations law may also include
law shall also include performance standards Region annual appropriations law may also performance standards and targets for each
and targets for each sector. include performance standards and targets for sector. Any unspent amount in the current
each sector. Any unspent amount in the year’s block grant shall revert to the
current year’s block grant shall be considered Bangsamoro general fund for re-appropriation.
as saving for the Bangsamoro Autonomous
Government. In this regard, such saving shall
be re-appropriated by the Parliament to fund
other priority projects/programs of the
Bangsamoro Autonomous Region that has not
been considered in the current year budget.

SEC. 139. Regular Release. – The block grant SEC. 155. Regular Release. – The block Section 20. Regular Release. – The block grant
shall be released, without need of any further grant shall be released, without need of any shall be released, without need of any further
action, directly and comprehensively to the further action, directly and comprehensively, action, directly and comprehensively, to the
Bangsamoro Regional Government, and which to the Bangsamoro Regional Government, and Bangsamoro Government, and which shall not
shall not be subject to any lien or holdback which shall not be subject to any lien or be subject to any lien or holdback that may be
that may be imposed by the National holdback that may be imposed by the National imposed by the Central Government for
Government for whatever purpose. Government for whatever purpose. whatever purpose.

SEC. 140. Deductions From The Block Grant; SEC. 156. Deductions from the Block Section 21. Deductions from the Block Grant;
Exceptions. – Four years from the Grant; Exceptions. – Ten (10) years from the Exceptions. – Ten (10) years from the
operationalization of the regular Bangsamoro operationalization of the regular Bangsamoro operationalization of the regular Bangsamoro
Regional Government the following shall be Regional Government, the following shall be Government, the following shall be deducted
deducted from the block grants: deducted from the block grant: from the block grants:
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a. revenues from the additional taxes 1) Revenues from the additional taxes 1) Revenues from the additional taxes
beyond those already devolved to the beyond those already devolved to the beyond those already devolved to the
ARMM, including those that had been ARMM collected three (3) years before; Autonomous Region in Muslim Mindanao
collected three (3) years before; and and collected three (3) years before; and

b. share of the Bangsamoro Regional 2) Share of the Bangsamoro Autonomous 2) Share of the Bangsamoro in the
Government in the income derived from Region in the government income government income derived from the
the exploration, development and derived from the exploration, exploration, development, and utilization
utilization of natural resources, as development, and utilization of natural of natural resources, as provided under
provided in Section 149 below, including resources, as provided under Section Article XII, Section 34 collected three (3)
those that had been collected three (3) 169 collected three (3) years before. years before.
years before.

Provided, That the amount allocated for the Provided, That the amount allocated for Provided, that the amount allocated for the
operation of the Bangsamoro Autonomous the operation of the Bangsamoro Autonomous operation of the Bangsamoro Sustainable
Region Sustainable Development Board, as Region Sustainable Development Board, as Development Board, as provided in Article XIII,
provided in Section 161, Article XII shall not provided in Section 180, shall not be included Section 4, shall not be included in the amount
be included in the amount herein to be in the amount herein to be deducted from the herein to be deducted from the block grant;
deducted from the block grant: Provided, block grant; Provided further, That the Provided, further, that the abovementioned
Further, that the abovementioned deduction abovementioned deduction shall not include deduction shall not include the shares of
shall not include the shares of constituent the shares of constituent local government constituent local government units and of
local government units and of indigenous units and of Indigenous People and Indigenous indigenous communities in government income
communities in government income derived Cultural Communities in government income derived from the exploration, development, and
from the exploration, development and derived from the exploration, development, utilization of natural resources, under Article
utilization of natural resources, under and utilization of natural resources, under XII, Sections 35 and 36, respectively.
Sections 150 and 151, respectively, of this Sections 170 and 171, respectively.

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Article.

SEC. 141. Review Of The Block Grant SEC. 157. Review of the Block Grant Section 22. Review of the Block Grant
Formula. – The formula for the block grant, as Formula. – The formula for the annual block Formula. – The formula for the Block Grant, as
provided above, shall be reviewed by the grant shall be reviewed by the Bangsamoro provided above, shall be reviewed by the
Bangsamoro Autonomous Region Fiscal Policy Autonomous Region Fiscal Policy Board ten Intergovernmental Fiscal Policy Board ten (10)
Board (BARFPB) four (4) years after its (10) years after its effectivity. The review that years after its effectivity. The review that shall be
effectivity and every five (5) years thereafter. shall be undertaken shall consider, among undertaken shall consider, among others, the
The review that shall be undertaken shall others, the fiscal needs of the Bangsamoro fiscal needs of the Bangsamoro and the actual
consider, among others, the fiscal needs of the Autonomous Region and the actual revenues it revenues it is able to generate. Thereafter, the
Bangsamoro Autonomous Region and the is able to generate. review shall be undertaken every five (5) years as
actual revenues it is able to generate. The agreed upon in the Intergovernmental Fiscal
result of the review shall be forwarded to Policy Board. Should the Central Government no
Congress for its consideration and possible longer have any representative in the said
enactment into law. Board, the review shall be undertaken by the
Intergovernmental Relations Body, for
enactment into law.

SEC. 142. Development Programs And SEC. 158. Bangsamoro Autonomous Region Section 23. Development Programs and
Projects. - Immediately after the ratification of Development Programs and Projects. – Projects. – Immediately after the ratification of
this Basic Law, and for another five (5) years Immediately after the ratification of this Basic this Basic Law, and for another five (5) years
thereafter, the National Government shall Law, and for another five (5) years thereafter, thereafter, the Central Government shall provide
provide for additional funds that would the National Government shall provide for additional funds that would subsidize
subsidize expenditure for development additional funds that would subsidize expenditure for development projects and
projects and infrastructure in the Bangsamoro expenditure for development projects and infrastructure in the Bangsamoro, including
Autonomous Region, including national roads infrastructure in the Bangsamoro Autonomous provincial and municipal roads, in accordance
and bridges, taking into consideration a Region, including provincial and municipal with a development plan formulated by the

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development plan formulated by the roads, in accordance with a development plan Bangsamoro Government. The Central
Bangsamoro Regional Government. formulated by the Bangsamoro Regional Government and the Bangsamoro Government
Government to be known as the Bangsamoro shall agree on the amount through the
Autonomous Region Development Plan intergovernmental relations body, as well as, the
(BARDP). manner of release of said amount to the
Bangsamoro Government.

SEC. 159. Bangsamoro Economic and


Development Council. There is hereby to be
created a Bangsamoro Economic and
Development Council. The council is chaired
by the Chief Minister, five members of the
Parliament including the Speaker of the
Parliament, three (3) representative of local
government unit within the Bangsamoro
Autonomous Region, a representative of the
member of House of Representatives within
the Bangsamoro Autonomous Region, five (5)
members of the Cabinet and three (3) from the
private sector representing the women, youth,
and indigenous cultural communities.

The Member of the Parliament to be


designated by the Speaker of the Parliament
should proportionately come from the political
party in the Parliament. The representative of
the local government unit should come each

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from the governor’s, city mayor’s and
municipal mayor’s league respectively and the
representative from the House of
Representatives must be designated by the
Speaker of the House. The Members of the
Cabinet and those coming from the private
sector is to be designated by the Chief Minister
provided that the Chief Minister, insofar as
those representing the private sector, will
choose from among the nominees of reputable
and credible sector organization or group
concerned.

The Council shall serve as the planning,


monitoring and coordinating agency for all
development plans, programs and projects
intended for the Bangsamoro Regional
Government. It shall evaluate and recommend
short, medium, and long-term comprehensive
development programs for the autonomous
region area for approval by the Parliament.
The aforesaid comprehensive plan and
program shall take into account the
development plans of the provinces, cities,
municipalities and barangays as approved by
their respective local development councils.

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The Council shall adopt its own rules of
procedure for the conduct of its regular or
special meeting.
LOANS Loans Loans

SEC. 143. Foreign And Domestic Loans; Bills, SEC. 160. Foreign and Domestic Section 24. Foreign and Domestic Loans;
Bonds, Notes And Obligations. – (a) loans, Loans; Bills, Bonds, Notes and Obligations. Bills, Bonds, Notes and Obligations. –
credits, and other forms of indebtedness. – The – (a) Loans, Credits, and Other Forms of (a) Loans, Credits, and Other Forms of
contracting of loans, credits, and other forms Indebtedness – The Bangsamoro Regional Indebtedness. – The Bangsamoro Government
of indebtedness by the Bangsamoro Regional Government may contract loans, credits, and may contract loans, credits, and other forms of
Government shall be for the development and other forms of indebtedness in order to finance indebtedness in order to finance the
welfare of the people of the Bangsamoro the construction, installation, improvement, construction, installation, improvement,
Autonomous Region. expansion, operation, or maintenance of expansion, operation, or maintenance of public
public facilities, infrastructure facilities, facilities, infrastructure facilities, housing
housing projects, the acquisition of real projects, the acquisition of real property, and the
property, and the implementation of other implementation of other capital investment
capital investment projects for the projects, as well as, for the development and
development and welfare of the people of the welfare of the people of the Bangsamoro.
Bangsamoro Autonomous Region.
Subject to acceptable credit worthiness and Subject to acceptable credit worthiness, Subject to acceptable credit worthiness, such
compliance with the 1987 Philippine such loans may be secured from domestic and loans may be secured from domestic and foreign
Constitution, relevant laws and regulations, foreign lending institutions, except foreign and lending institutions, except foreign and domestic
such loans may be secured from domestic and domestic loans requiring sovereign guaranty, loans requiring sovereign guaranty, whether
foreign lending institutions: Provided, That any whether explicit or implicit, which would explicit or implicit, which would require the
loan secured from foreign lending institution require the approval of the National approval of the Central Government. The
shall require the prior concurrence of the Government. Bangsamoro Parliament may authorize the Chief
monetary board. Provided, Further that any Minister to contract such domestic or foreign

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loan that will require sovereign guarantee, loans. The loans so contracted may take effect
whether explicit or implicit, shall need the upon approval by a majority of all the members
approval of the National Government. The of the Bangsamoro Parliament.
Bangsamoro Parliament may authorize the
Chief Minister to contract such domestic or The Bangsamoro Parliament may The Central Government shall assist the
foreign loans. The loans so contracted may authorize the Chief Minister to contract such Bangsamoro Government in complying with the
take effect upon approval by a majority of all domestic or foreign loans. The loans so requirements for a speedy issuance of the
the members of the Bangsamoro Parliament. contracted may take effect upon approval by a sovereign guaranty, to finance local
majority of all the members of the Bangsamoro infrastructure and other socio-economic
Parliament. development projects in accordance with the
The National Government shall assist the The National Government shall assist Bangsamoro Development Plan.
Bangsamoro Regional Government in the Bangsamoro Regional Government in
complying with the requirements in securing complying with the requirements for a speedy Within 30 days from the submission of the
foreign loans to finance local infrastructure issuance of the sovereign guaranty, to finance Bangsamoro Government of its application for
and other socio-economic development local infrastructure and other socio-economic sovereign guaranty, the Bangsamoro
projects in accordance with the Bangsamoro development projects in accordance with the Government shall be informed by the Central
Autonomous Region development plan. BARDP. Government on the actions taken on the
application. The application shall be resolved
with dispatch.
b) bills, bonds, notes, debentures and (b) Bills, Bonds, Notes, Debentures, and (b) Bills, Bonds, Notes, Debentures, and
obligations. – subject to the rules and Obligations – The Bangsamoro Regional Obligations. – The Bangsamoro Government is
regulations of the Bangko Sentral ng Pilipinas Government shall be authorized to issue also authorized to issue treasury bills, bonds,
(BSP) and the Securities and Exchange treasury bills, bonds, debentures, securities, debentures, securities, collaterals, notes,
Commission (SEC), the Bangsamoro Regional collaterals, notes, obligations, and other debt obligations, and other debt papers or
Government is also authorized to issue papers or documents, as well as, redeem or documents, as well as, redeem or retire the
treasury bills, bonds, debentures, securities, retire the same, pursuant to law enacted by same, pursuant to law enacted by the
collaterals, notes, obligations, and other debt the Bangsamoro Parliament, subject to the Bangsamoro Parliament. Said authority may be

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papers or documents, as well as redeem or rules and regulations of the BSP and the SEC. exercised in order to finance self-liquidating,
retire the same, pursuant to law enacted by Said authority may be exercised in order to income producing development or livelihood
the Bangsamoro Parliament. The authority finance self-liquidating and income-producing projects pursuant to the priorities established in
may be exercised to finance self-liquidating, development or livelihood projects pursuant to the aforementioned development plan.
income producing development or livelihood the priorities established in the
projects pursuant to the priorities established aforementioned development plan.
in the aforementioned development plan.

(c) payment of loans and indebtedness. – the (c) Payment of Loans and Indebtedness – (c) Payment of Loans and Indebtedness. – The
Bangsamoro Regional Government shall The Bangsamoro Regional Government shall Bangsamoro Government shall appropriate in its
appropriate in its annual budget such appropriate in its annual budget such annual budget such amounts as are sufficient to
amounts as are sufficient to pay their loans amounts as are sufficient to pay its loans and pay their loans and their indebtedness incurred.
and their indebtedness incurred: Provided, indebtedness.
That failure to provide the appropriations
herein required shall render their annual
budgets inoperative.

SEC. 144. Overseas Development Assistance SEC. 161. Overseas Development ection 25. Overseas Development Assistance.
(ODA). – In its efforts to achieve inclusive Assistance. – In its efforts to achieve inclusive – In its efforts to achieve inclusive growth and
growth and poverty reduction, through the growth and poverty reduction, through the poverty reduction, through the implementation
implementation of priority development implementation of priority development of priority development projects, the
projects, the Bangsamoro Regional projects, the Bangsamoro Government may Bangsamoro Government may avail directly of
Government may avail international assistance avail directly of ODA in accordance with law. Overseas Development Assistance (ODA). The
in accordance with the ODA law. Bangsamoro Parliament may enact legislation
governing ODA.

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GRANTS AND DONATIONS Grants and Donations Grants and Donations

SEC. 145. Grants And Donations. – Grants SEC. 162. Grants and Donations. – Section 26. Grants and Donations. – Grants
and donations from foreign and domestic Grants and donations from foreign and and donations from foreign and domestic donors
donors received by the Bangsamoro Regional domestic donors received by the Bangsamoro received by the Bangsamoro Government for the
Government for the development and welfare Regional Government for the development and development and welfare of the people in the
of the people in the Bangsamoro Autonomous welfare of the people in the Bangsamoro Bangsamoro shall be used solely for the purpose
Region shall be used solely for the purpose for Autonomous Region shall be used solely for for which they were received.
which they were given. the purpose for which they were given.

Donations and grants that are used Donations and grants that are used Donations and grants that are used exclusively
exclusively to finance projects for education, exclusively to finance projects for education, to finance projects for education, health, youth
health, youth and culture, and economic health, youth and culture, and economic and culture, and economic development, may be
development, may be deducted in full from the development, may be deducted in full from the deducted in full from the taxable income of the
taxable income of the donor or grantor. taxable income of the donor or grantor. donor or grantor.

ECONOMIC AGREEMENTS AND Economic Agreements and Conventions Economic Agreements and Conventions
CONVENTIONS SEC. 163. Economic Agreements. –The
Bangsamoro Regional Government may enter Section 27. Economic Agreements. –The
SEC. 146. Economic Agreements. – The into economic agreements and receive benefits Bangsamoro Government may enter into
Bangsamoro Regional Government may enter and grants derived therefrom subject to the economic agreements and receive benefits and
into economic agreements and receive benefits approval of the National Government. grants derived therefrom as provided in Section
and grants derived therefrom subject to the 1, Article V of this law.
approval of the National Government.

SEC. 147. Cultural Exchange, Economic And SEC. 164. Cultural Exchange, Economic Section 28. Cultural Exchange, Economic and
Technical Cooperation. –The Bangsamoro and Technical Cooperation. – The Technical Cooperation. – Consistent with the

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Regional Government may establish linkages Bangsamoro Regional Government may reserved powers of the Central Government and
for cultural exchange, economic and technical establish linkages for cultural exchange or for whenever necessary, the Central Government
cooperation with countries with diplomatic economic and technical cooperation with shall appoint recommendees of the Bangsamoro
relations with the Philippines, with assistance countries with diplomatic relations with the Government to Philippine embassies,
of Philippine embassies or consulates, or Philippines, through the assistance of consulates, and international delegations. The
through some other arrangements with Philippine embassies or consulates, or through Bangsamoro Government may establish linkages
National Government supporting such some other arrangements with National for cultural exchange, economic and technical
undertakings. Government supporting such undertakings. cooperation with countries with diplomatic
relations with the Philippines, with assistance of
Philippine embassies or consulates, or through
some other arrangements with Central
Government supporting such undertakings.

SEC. 148. Benefits From Conventions. – The SEC. 165. Benefits from Conventions. – The Section 29. Benefits from Conventions. – The
Bangsamoro Regional Government shall be Bangsamoro Autonomous Region shall be Bangsamoro shall be entitled to benefits
entitled to benefits resulting from conventions entitled to benefits resulting from conventions resulting from conventions to which the Central
to which the National Government is a party. to which the National Government is a party. Government is a party. Such benefits shall be
such benefits shall be equitable and shall Such benefits shall be equitable and shall equitable and shall consider the available
consider the available human and material consider the available human and material human and material resources and comparative
resources and comparative advantage of the resources and comparative advantage of the advantage of the Bangsamoro, as well as, its
Bangsamoro Autonomous Region, as well as Bangsamoro Autonomous Region, as well as, socio-economic conditions and needs.
its socio-economic conditions and needs. its socio-economic conditions and needs.

Government Owned and/or Controlled Government Owned and/or Controlled


Corporations (GOCCs) Corporations (GOCCs) and Financial
and Financial Institutions Institutions

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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
SEC. 166. Government Owned and/or Section 30. GOCCs and Financial
Controlled Corporations and Financial Institutions. – The Bangsamoro shall have the
Institutions. – The Bangsamoro Autonomous power to create GOCCs and financial
Region shall have the power to create GOCCs institutions through the necessary modalities,
and financial institutions through the and in accordance with a law on GOCCs to be
necessary modalities, and in accordance with passed by the Parliament. These Bangsamoro
a law on goccs to be passed by the parliament. Government-created GOCCs shall be duly
These Bangsamoro Regional Government- registered with the Securities and Exchange
created GOCCs shall be duly registered with Commission or established under legislative
the SEC or established under legislative charter by the Bangsamoro Parliament, and
charter by the Bangsamoro Parliament, and shall be recognized even outside the
shall be recognized even outside the Bangsamoro. Revenues derived from their
Bangsamoro Autonomous Region. Revenues operations shall pertain to the Bangsamoro.
derived from their operations shall pertain to
the Bangsamoro Autonomous Region
SEC. 167. Existing GOCCs Operating Section 31. Existing GOCCs Operating
Exclusively in the Bangsamoro Exclusively in the Bangsamoro. – The
Autonomous Region. – The Bangsamoro Bangsamoro Government shall have the
Regional Government shall have the authority authority and control over existing GOCCs and
and control over existing GOCCs and financial financial institutions operating exclusively in the
institutions operating exclusively in the Bangsamoro, after determination by the
Bangsamoro Autonomous Region, after intergovernmental fiscal policy board of its
determination by the Bangsamoro feasibility. Such transfer shall be effected
Autonomous Region Fiscal Policy Board of its through the necessary changes on the GOCCs’
feasibility. Such transfer shall be effected governing boards.
through the necessary changes on the
governing boards of the GOCCs.

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SEC. 168. Southern Philippine Section 32. Southern Philippine Development
Development Authority and Al-Amanah Authority and Al-Amanah Islamic Investment
Islamic Investment Bank. – within six (6) Bank. – Within six (6) months from the
months from the establishment of the establishment of the BTA, the Intergovernmental
Bangsamoro Transition Authority, the Fiscal Policy Board shall determine the
intergovernmental fiscal policy board shall participation of the Bangsamoro in the
determine the participation of the Bangsamoro ownership and management of Al-Amanah
Autonomous Region in the ownership and Islamic Investment Bank of the Philippines and
management of Al-Amanah Islamic Investment the Southern Philippines Development Authority
Bank of the Philippines and the Southern as provided in P.D. 690, as amended by P.D.
Philippines Development Authority as provided 1703, and the mode of transfer of ownership to
in Presidential Decree No. 690, as amended by the Bangsamoro Government.
P.D. 1703, and the mode of transfer of
ownership to the Bangsamoro Regional
Government.

SEC. 169. Existing GOCCs in the Section 33. Existing GOCCs in the
Bangsamoro Autonomous Region. – The Bangsamoro. – The Bangsamoro Government
Bangsamoro Regional Government shall be shall be represented in the board of directors or
represented in the Board of Directors or in the in the policy-making bodies of GOCCs that
policy-making bodies of GOCCs that operate a operate a substantial portion of their businesses
substantial portion of their businesses directly directly or through their subsidiaries in the
or through their subsidiaries in the Bangsamoro or where the Bangsamoro has
Bangsamoro Autonomous Region or where the substantial interest. The Intergovernmental
Bangsamoro Autonomous Region has Fiscal Policy Board (IGFPB) shall determine the
substantial interest. The Bangsamoro extent of participation. In no case shall the
Autonomous Region Fiscal Policy Board shall Bangsamoro have less than one seat in the

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determine the extent of participation. In no governing board of such entities.
case shall the Bangsamoro Autonomous
Region have less than one seat in the
governing board of such entities.

The share of the Bangsamoro Regional The share of the Bangsamoro Government from
Government from the results of operations of the results of operations of GOCCs and
GOCCs and subsidiaries operating in the subsidiaries operating in the Bangsamoro shall
Bangsamoro Autonomous Region shall be be based on a formula determined by the
based on a formula determined by the Intergovernmental Fiscal Policy Board under
Bangsamoro Autonomous Region Fiscal Policy Section 36 of this Basic Law.
Board under Section 172 of this Basic Law.

SHARING IN THE EXPLORATION, Sharing in the Exploration, Development, Sharing in the Exploration, Development,
DEVELOPMENT AND and Utilization of Natural Resources and Utilization of Natural Resources
UTILIZATION OF NATURAL RESOURCES
Section 34. Sharing in Exploration,
SEC. 149. Sharing In Exploration, SEC. 170. Sharing in Exploration, Development and Utilization of Natural
Development And Utilization Of Natural Development and Utilization of Natural Resources. –Government revenues generated
Resources. – National Government income Resources. – Government revenues generated from the exploration, development and
from taxes derived from the exploration, from the exploration, development, and utilization of all natural resources in the
development and utilization of all natural utilization of all natural resources in the Bangsamoro, inclusive of mines and minerals,
resources within the Bangsamoro Autonomous Bangsamoro Autonomous Region, inclusive of shall pertain fully to the Bangsamoro
Region shall be allocated as follows: mines and minerals, shall pertain fully to the Government. In the case of fossil fuels
Bangsamoro Regional Government. In the (petroleum, natural gas, and coal) and uranium,
a. for non-metallic minerals (sand, gravel, case of fossil fuels (petroleum, natural gas, the same shall be co-managed and the revenues
and quarry resources), such revenues and coal) and uranium, the same shall be co- shared equally between the Central and

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shall pertain fully to its local government managed and the revenues shared equally Bangsamoro Governments.
units pursuant to Section 138 of RA between the National and Bangsamoro
7160, as amended; Regional Governments.

b. for metallic minerals, seventy-five percent


(75%) shall pertain to the Bangsamoro
Regional Government and its constituent
local government units;

c. for fossil fuels (petroleum, natural gas,


and coal) and uranium, the same shall be
shared equally between the National
Government and Bangsamoro Regional
Government and its constituent local
government units.

The sharing scheme shall be applicable to the Such sharing scheme shall be applicable Such sharing scheme shall be applicable to all
natural resources found in the Bangsamoro to all natural resources found in the natural resources found in the Bangsamoro
Autonomous Region. Bangsamoro Autonomous Region, both the territory, both the land mass and the waters
land mass and the waters under its territorial under its territorial jurisdiction.
jurisdiction.

SEC. 150. Share Of The Constituent Local SEC. 171. Share of the Constituent Local Section 35. Share of the Constituent Local
Government Units. – The share of the Government Units. – The share of the Government Units. – The share of the
Bangsamoro Regional Government in the Bangsamoro Regional Government in the Bangsamoro Government in the revenues
revenues referred to in the immediately revenues referred to in the immediately referred to in the immediately preceding section
preceding Section shall include those for its preceding Section shall include those for its shall include those for its constituent local

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constituent local government units under constituent local government units. The government units. The Bangsamoro Parliament
Section 290 of RA 7160, as amended. Such Bangsamoro Parliament shall enact a law shall enact a law detailing the shares of such
share of the local government units shall not detailing the shares of such local government local government units.
be diminished and shall be directly remitted to units: Provided, That the current share of the
them. constituent local government units of the
ARMM in the said revenues, as provided by
law, shall not be diminished.

SEC. 151. Share of indigenous communities. – SEC. 172. Share of Indigenous Section 36. Share of Indigenous
Indigenous peoples shall have an equitable Communities. – Indigenous Peoples shall have Communities. – Indigenous peoples shall have
share from the share of the Bangsamoro an equitable share from the revenues an equitable share from the revenues generated
Regional Government from the exploration, generated from the exploration, development, from the exploration, development, and
development and utilization of natural and utilization of natural resources that are utilization of natural resources that are found
resources that are found within the territories found within the territories covered by a within the territories covered by a native,
covered by a native title in their favor, native, traditional, or customary title in their traditional or customary title in their favor. The
pursuant to RA No. 8371 or the IPRA of 1997. favor. share shall be provided for in a law to be passed
by the Bangsamoro Parliament.

The Bangsamoro Parliament shall enact The Bangsamoro Parliament shall enact a law
a law that shall provide in detail said sharing that shall provide in detail said sharing system,
system, including the percentage of the shares including the percentage of the shares of the
of the Indigenous Peoples and Cultural indigenous peoples and communities, and the
Communities, and the mechanisms therefor. mechanisms therefor.

THE BANGSAMORO AUTONOMOUS REGION Bangsamoro Autonomous Region Fiscal Intergovernmental Fiscal Policy Board
FISCAL POLICY BOARD Policy Board
SEC. 152. The Bangsamoro Autonomous
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Region Fiscal Policy Board (BARFPB). – There is SEC. 173. Bangsamoro Autonomous Section 37. Intergovernmental Fiscal Policy
hereby created a Bangsamoro Autonomous Region Fiscal Policy Board. – There is Board. – There is hereby created an
Region Fiscal Policy Board (BARFPB) that shall hereby created a Bangsamoro Autonomous Intergovernmental Fiscal Policy Board (IGFPB)
address revenue imbalances and fluctuations Region Fiscal Policy Board (BARFPB) that shall that shall address revenue imbalances and
in regional financial needs and revenue-raising address revenue imbalances and fluctuations fluctuations in regional financial needs and
capacity of the Bangsamoro Regional in regional financial needs and revenue-raising revenue-raising capacity of the Bangsamoro.
Government. capacity of the Bangsamoro Autonomous
Region.

SEC. 153. Functions. – The BARFPB shall SEC. 174. Functions. – The Board shall Section 38. Functions. – The IGFPB shall
undertake the following functions: undertake the following functions: undertake the following functions:

(a) recommend the necessary fiscal policy 1) Recommend the necessary fiscal policy (a) Recommend the necessary fiscal policy
adjustments by undertaking a periodic review adjustments by undertaking a periodic adjustments by undertaking a periodic review of
of the taxing powers, tax base and rates of the review of the taxing powers, tax base the taxing powers, tax base and rates of the
Bangsamoro Regional Government, wealth and rates of the Bangsamoro Regional Bangsamoro Government, wealth sharing
sharing arrangements, sources of revenues Government, wealth sharing arrangements, and sources of revenues vis-à-vis
vis-à-vis the development needs of the arrangements, and sources of revenues the development needs of the Bangsamoro;
Bangsamoro Autonomous Region; vis-à-vis the development needs of the
Bangsamoro Autonomous Region;
(b) make recommendations to settle all
concerns of the Bangsamoro Regional 2) Address disputes between the National (b) Address disputes between the Central
Government involving the collection of capital Government and the Bangsamoro Government and the Bangsamoro Government
gains tax, documentary stamp tax, donor’s tax Regional Government involving the involving the collection of capital gains tax,
and estate tax in the Bangsamoro Autonomous collection of capital gains tax, documentary stamp tax, donor’s tax, and estate
Region; documentary stamp tax, donor’s tax, tax in the Bangsamoro;
and estate tax in the Bangsamoro

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Autonomous Region;
(c) make recommendations on the
participation of the Bangsamoro Regional 3) Determine the participation of the (c) Determine the extent of participation of the
Government in the ownership and Bangsamoro Regional Government in Bangsamoro Government in the board of
management of Al-Amanah Islamic Investment the ownership and management of Al- directors or the policy-making bodies of GOCCs
Bank of the Philippines and the southern Amanah Islamic Investment Bank of the that operate a substantial portion of their
Philippines Development Authority (SPDA); Philippines and the Southern businesses directly or through their subsidiaries
and Philippines Development Authority in the Bangsamoro or where the Bangsamoro
(SPDA); and has substantial interest;

(d) Determine the participation of the


Bangsamoro Government in the results of
operations of government-owned or controlled
corporations and its subsidiaries operating in
the Bangsamoro. The Board shall also determine
a formula for the share of the Bangsamoro
Government from the results of said operations;

(e) Determine the participation of the


Bangsamoro in the ownership and management
of Al-Amanah Islamic Investment bank of the
Philippines and the Southern Philippines
Development Authority (SPDA) to the
Bangsamoro; and

4) Recommend the exercise by the (f) Recommend the exercise by the Bangsamoro
(d) recommend the exercise by the Bangsamoro Regional Government of Government of additional fiscal powers in order

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Bangsamoro Regional Government of additional fiscal powers in order to to attain the highest form of fiscal autonomy.
additional fiscal powers in order to attain the attain greater local fiscal autonomy.
highest form of fiscal autonomy. (g) Define the modalities for the filing of income
tax returns for corporation or firms whose
central, main, or head offices are located outside
the Bangsamoro but are doing business within
its territorial jurisdiction so that income realized
from such operations in the Bangsamoro shall
be attributed as income derived therein and
subject to the sharing scheme between the
Central Government and the Bangsamoro
Government

SEC. 154. Composition. – The BARFPB shall SEC. 175. Composition. – The Board shall be Section 39. Composition. – The Board shall be
be composed of the heads or representatives of composed of the heads and/or representatives composed of the heads and/or representatives of
the appropriate ministries and offices in the of the appropriate ministries and offices in the the appropriate ministries and offices in the
Bangsamoro Regional Government. The Bangsamoro Regional Government. The Bangsamoro Government. The Central
National Government shall likewise be National Government shall likewise be Government shall likewise be represented in the
represented in the BARFPB by the Secretary of represented in the Board by the Secretary of Board by the Secretary of Finance and such
Finance and such other officials as may be Finance and such other officials as may be other officials as may be necessary.
necessary. necessary.
The Board shall be headed by two co-Chairs, The Board shall be headed by two co-Chairs, one
one representing the Bangsamoro Regional representing the Bangsamoro Government and
Government and the other, the National the other, the Central Government.
Government.
Once full fiscal autonomy has been achieved by
the Bangsamoro, it may no longer be necessary

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to have a representative from the Central
Government to sit in the Board.

SEC. 155. Meetings And Annual Report. The SEC. 176. Meetings and Annual Report. – Section 40. Meetings and Annual Report. -
BARFPB shall meet at least once in every six
The Board shall meet at least once in six (6) The Board shall meet at least once in six (6)
(6) months and shall adopt its own rules ofmonths or as often as necessary and shall months or as often as necessary and shall adopt
procedure for the conduct of its meetings. adopt its own rules of procedure for the its own rules of procedure for the conduct of its
conduct of its meetings. meetings.
An annual report shall be submitted by the An annual report shall be submitted by An annual report shall be submitted by the
BARFPB to the National Government and the the Board to the National Government and the Board to the Central Government and the
Bangsamoro Regional Government. Bangsamoro Regional Government, and be Bangsamoro Government, and be made
made available to the public. available to the public.

SEC. 156. Full Disclosure Policy. – The SEC. 177. Full Disclosure Policy. – The Section 41. Full Disclosure Policy. – The
Bangsamoro Regional Government hereby Bangsamoro Government hereby adopts a Bangsamoro Government hereby adopts a policy
adopts a policy of full disclosure of its budget policy of full disclosure of its budget and of full disclosure of its budget and finances, and
and finances, and bids and public offerings finances, and bids and public offerings and bids and public offerings and shall provide
and shall provide protocols for the guidance of shall provide protocols for the guidance of protocols for the guidance of local authorities in
local authorities in the implementation of said local authorities in the implementation of said the implementation of said policy, which shall
policy, which shall include, among others the policy, which shall include, among others, the include, among others, the posting of the
posting of the summary of income and posting of the Summary of Income and Summary of Income and Expenditures, and the
expenditures. The same policy shall apply to Expenditures, and the participation of participation of representatives from civil society
its constituent local government units, as may representatives from civil society in the budget in the budget process. The same policy shall
be provided in a law to be enacted by the process. The same policy shall apply to its apply to its constituent local government units,
Bangsamoro Parliament. constituent local government units, as may be as may be provided in the Bangsamoro Local
provided in the Bangsamoro Local Government Government Code to be enacted by the
Code to be enacted by the Bangsamoro Bangsamoro Parliament.

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Parliament.

SEC. 157. Additional Fiscal Powers. – The Section 42. Additional Fiscal Powers. – The
BARFPB shall recommend the exercise by the IGFPB may recommend the exercise by the
Bangsamoro Regional Government of Bangsamoro of additional fiscal powers in order
additional fiscal powers in order to reach full to reach full fiscal autonomy. Such
fiscal autonomy. Such recommendations shall recommendations shall be proposed to Congress
be proposed to Congress for its consideration or the appropriate agency of the Central
Government that has the power to effect such
recommendations.

Article XII Article XIII


ARTICLE XII ECONOMY AND PATRIMONY ECONOMY AND PATRIMONY
ECONOMY AND PATRIMONY
SEC. 178. Bangsamoro Autonomous Section 1. Social Justice, and the
SEC. 158. Bangsamoro Autonomous Region’s Region’s Economy and Social Justice. – The Bangsamoro Economic System- The
Economy and Social Justice - The Bangsamoro Bangsamoro Regional Government’s economic Bangsamoro shall establish an economic system
Regional Government’s economic policies and policies and programs based on the principle based on the principle of social justice. Pursuant
programs shall be based on the principle of of social justice. Pursuant to this principle, the to this principle, the Bangsamoro Parliament
social justice. Pursuant to this principle, the Bangsamoro Parliament shall legislate laws shall legislate laws pertaining to the
Bangsamoro Parliament shall legislate laws pertaining to the Bangsamoro Autonomous Bangsamoro economy and patrimony that are
pertaining to the Bangsamoro Autonomous Region’s economy and patrimony that are responsive to the needs of its people.
Region’s economy and patrimony that are responsive to the needs of its people.
responsive to the needs of its people.

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SUSTAINABLE DEVELOPMENT Sustainable Development Sustainable Development

SEC. 159. Equitable And Sustainable SEC. 179. Equitable and Sustainable Section 2. Equitable and Sustainable
Development. – In order to protect and improve Development. – In order to protect and Development. – In order to protect and improve
the quality of life of the inhabitants of the improve the quality of life of the inhabitants of the quality of life of the inhabitants of the
Bangsamoro Autonomous Region, the Bangsamoro Autonomous Region, Bangsamoro, development in the Bangsamoro
development in the Bangsamoro Autonomous development in the region shall be carefully shall be carefully planned, taking into
Region shall be carefully planned, taking into planned, taking into consideration the consideration the ecological balance and the
consideration the natural resources that are ecological balance and the natural resources natural resources that are available for its use
available for its use and for the use of future that are available for its use and for the use of and for the use of future generations.
generations. future generations.

The Bangsamoro Regional Government shall The Bangsamoro Regional Government The Bangsamoro Government shall promote the
promote the effective use of economic shall promote the effective use of economic effective use of economic resources and
resources and endeavor to attain economic resources and endeavor to attain economic endeavor to attain economic development that
development that shall facilitate growth and development that shall facilitate growth and shall facilitate growth and full employment,
full employment, human development, and full employment, human development, and human development, and social justice.
social justice. social justice. It shall also provide equitable
opportunities for the development of
The Bangsamoro Regional Government shall constituent local government units and shall The Bangsamoro Government shall also provide
also provide equitable opportunities for the strengthen governance systems to ensure equitable opportunities for the development of
development of constituent local government people’s participation. constituent local government units and shall
units and shall strengthen governance strengthen governance systems to ensure
systems to ensure people’s participation. people’s participation.

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SEC. 160. Comprehensive Framework For SEC. 180. Comprehensive Framework for Section 3. Comprehensive Framework for
Sustainable Development. – The Bangsamoro Sustainable Development. – The Sustainable Development. – The Bangsamoro
Regional Government shall develop a Bangsamoro Regional Government shall Government shall develop a comprehensive
comprehensive framework for sustainable develop a comprehensive framework for framework for sustainable development through
development through the proper conservation, sustainable development through the proper the proper conservation, utilization, and
utilization and development of natural conservation, utilization, and development of development of natural resources. Such
resources. Such framework shall guide the natural resources. Such framework shall guide framework shall guide the Bangsamoro
Bangsamoro Regional Government in adopting the Bangsamoro Regional Government in Government in adopting programs and policies
programs and policies and establishing adopting programs and policies and and establishing mechanisms that focus on the
mechanisms that focus on the environment establishing mechanisms that focus on the environment dimensions of social and economic
dimensions of social and economic environment dimensions of social and interventions. It shall include measures for
interventions. It shall include measures for economic interventions. It shall include environmental justice and governance, as well
the reduction of vulnerability of women and measures for environmental justice and as, for the reduction of vulnerability of women
marginalized groups to climate change and governance, as well as, for the reduction of and marginalized groups to climate change and
variability. vulnerability of women and marginalized variability.
groups to climate change and variability.

SEC. 161. Bangsamoro Autonomous Region SEC. 181. Bangsamoro Autonomous Region Section 4. Bangsamoro Sustainable
Sustainable Development Board (BARSDB). – Sustainable Development Board. – The Development Board. – The Bangsamoro
The Bangsamoro Parliament shall create a Bangsamoro Parliament shall create a Parliament shall create a Bangsamoro
Bangsamoro Autonomous Region Sustainable Bangsamoro Autonomous Region Sustainable Sustainable Development Board (BSDB), an
Development Board (BARSDB), an Development Board (BARSDB), an intergovernmental body composed of
intergovernmental body composed of intergovernmental body composed of representatives from the Bangsamoro
representatives from the Bangsamoro Regional representatives from the Bangsamoro Regional Government and the Central Government. The
Government and the National Government. Government and the National Government. Board shall ensure the harmonization of
The Bangsamoro Autonomous Region The Board shall ensure the harmonization of environmental and developmental plans, as well
Sustainable Development Board shall ensure environmental and developmental plans, as as, formulate common environmental objectives.

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the harmonization of environmental and well as, formulate common environmental
developmental plans, as well as formulate objectives.
common environmental objectives.

Funding support for the BARSDB shall be Funding support for the Board shall be Funding support for the Board shall be included
included in the annual budget of the included in the annual budget of the in the annual budget of the Bangsamoro
Bangsamoro Regional Government. However, Bangsamoro Regional Government. However, if Government. However, if there are revenues
if there are revenues collected from the there are revenues collected from the collected from the exploration, development, and
exploration, development and utilization of all exploration, development, and utilization of all utilization of all natural resources within the
natural resources within the Bangsamoro natural resources within the Bangsamoro Bangsamoro, a certain percentage of such
Autonomous Region, a certain percentage of Autonomous Region, a certain percentage of revenues shall be allocated for the operation of
such revenues shall be allocated for the such revenues shall be allocated for the the Board, as may be provided in a law to be
operation of the board, as may be provided in operation of the Board, as may be provided in passed by the Bangsamoro Parliament.
a law to be passed by the Bangsamoro a law to be passed by the Bangsamoro
Parliament. Parliament.

SEC. 162. Bangsamoro Autonomous Region SEC. 182. Bangsamoro Autonomous Region Section 5. Bangsamoro Development Plan. –
Development Plan. – the Bangsamoro Regional Development Plan. – The Bangsamoro The Bangsamoro Government shall formulate its
Government shall formulate its development Regional Government shall formulate its development plans taking into consideration the
plans taking into consideration the development plans taking into consideration Bangsamoro people’s unique needs and
Bangsamoro and the Non-Moro inhabitants in the Bangsamoro people’s unique needs and aspirations and consistent with national
the Bangsamoro Autonomous Region’s unique aspirations and consistent with national development goals. The Plan shall also consider
needs and aspirations and consistent with development goals. The Plan shall also the revenue generation efforts needed for the
national development goals. The Bangsamoro consider the revenue generation efforts needed post-conflict rehabilitation, reconstruction, and
Autonomous Region Development Plan shall for the post-conflict rehabilitation, development of its territory.
also consider the revenue generation efforts reconstruction, and development of the region.

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needed for the post-conflict rehabilitation, The Plan shall include the promotion of growth
reconstruction and development of its and full employment, human development, and
geographical area. The Plan shall include the promotion of address social and economic inequities that
growth and full employment, human have resulted from decades of neglect, historical
The Bangsamoro Autonomous Region development, and address social and economic injustice, poverty, and inequality.
Development Plan shall include the promotion inequities that have resulted from decades of
of growth and full employment, human neglect, historical injustice, poverty, and
development, and address social and inequality.
economic inequities that have resulted from
decades of neglect, historical injustice, poverty
and inequality.

For this purpose, the Bangsamoro Parliament For this purpose, the Bangsamoro For this purpose, the Bangsamoro Parliament
shall create an economic planning office. Parliament shall create a Bangsamoro shall create a Bangsamoro economic planning,
Autonomous Region Economic Planning, research, and development office.
Research, and Development Office. This Office
shall serve as the secretariat of the
Bangsamoro Economic and Development
Council.

SEC. 163. Gender And Development. – The SEC. 183. Gender and Development. – The Section 6. Gender and Development. – The
Bangsamoro Regional Government recognizes Bangsamoro Regional Government recognizes Bangsamoro Government recognizes the role of
the role of women in governance and shall the role of women in governance. It shall women in governance and shall ensure the
ensure the fundamental equality before the ensure the fundamental equality before the fundamental equality before the law of women
law of women and men. It shall guarantee full law of women and men. It shall guarantee full and men. It shall guarantee full and direct
and direct participation of women in and direct participation of women in participation of women in governance and in the

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governance and in the development process governance and in the development process development process and shall, further, ensure
and shall, further, ensure that women shall and shall, further, ensure that women benefit that women benefit equally in the
have equal access to land ownership and shall equally in the implementation of development implementation of development programs and
benefit equally in the implementation of programs and projects. projects.
development programs and projects.

In the utilization of public funds, the In the utilization of public funds, the In the utilization of public funds, the
Bangsamoro Regional Government shall Bangsamoro Regional Government shall Bangsamoro Government shall ensure that the
ensure that the needs of women and men are ensure that the needs of women and men are needs of women and men are adequately
adequately addressed. For this purpose, at adequately addressed. For this purpose, at addressed. For this purpose, at least five percent
least five percent (5%) of the total budget least five percent (5%) of the total budget (5%) of the total budget appropriation of each
appropriation of each ministry and office of appropriation of each ministry, office, and ministry, office, and constituent local
the Bangsamoro Regional Government shall constituent local government unit of the government unit of the Bangsamoro shall be set
be set aside for gender-responsive programs, Bangsamoro Autonomous Region shall be set aside for gender-responsive programs, in
in accordance with a Gender and Development aside for gender-responsive programs, in accordance with a gender and development
(GAD) plan. In the same manner, at least five accordance with a gender and development (GAD) plan. In the same manner, at least five
percent (5%) up to thirty percent (30%) of the (GAD) plan. In the same manner, at least five percent (5%) up to thirty percent (30%) of the
official development funds received by the percent (5%) of the official development funds official development funds received by the
Bangsamoro Autonomous Region shall be set received by the Bangsamoro Autonomous Bangsamoro shall be set aside to complement
aside to complement said GAD budget Region shall be set aside to complement said said GAD budget allocation.
allocation. GAD budget allocation.

The Bangsamoro Regional Government shall The Bangsamoro Regional Government The Bangsamoro Government shall establish a
establish a mechanism for consultation with shall establish a mechanism for consultation mechanism for consultation with women and
women and local communities to further with women and local communities to further local communities to further ensure the
ensure the allocation and proper utilization of ensure the allocation and proper utilization of allocation and proper utilization of said funds. It
said funds. It shall identify and implement said funds. It shall identify and implement shall identify and implement special

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special development programs and laws for special development programs and laws for development programs and laws for women.
women. women.

SEC. 164. Participation Of The Bangsamoro SEC. 184. Participation of the Bangsamoro Section 7. Participation of the Bangsamoro in
In National Development Planning. – The in National Development Planning. – In National Development Planning. – The
preceding Section notwithstanding, and in order to ensure that the Bangsamoro preceding section, notwithstanding, and in order
order to ensure that the Bangsamoro Autonomous Region development plans are to ensure that the Bangsamoro development
Autonomous Region development plans are reflected in the national development plans, plans are reflected in the national development
reflected in the national development plans, the Bangsamoro Autonomous Region shall plans, the Bangsamoro shall participate in
the Bangsamoro Regional Government shall participate in national development planning. national development planning. The Chief
participate in national development planning. Minister shall be a full-fledged member of the
The Chief Minister shall be a full-fledged Board of the National Economic and
member of the board of the National Economic Development Authority (NEDA), as well as, other
and Development Authority (NEDA). related agencies. The Chief Minister or his duly-
appointed representative shall participate in the
said offices.

NATURAL RESOURCES Natural Resources Natural Resources


SEC. 165. Natural Resources – The
Bangsamoro Regional Government shall have SEC. 185. Natural Resources, Nature Section 8. Natural Resources, Nature
the authority, power, and right to control and Reserves, and Protected Areas. – The Reserves, and Protected Areas. – The
supervision over the exploration, utilization, Bangsamoro Government shall have the Bangsamoro Government shall have the power,
development, and protection of the mines and power, authority, and right to explore, develop, authority, and right to explore, develop, and
minerals and other natural resources within and utilize the natural resources within the utilize the natural resources, including surface
the Bangsamoro Autonomous Region in Bangsamoro Autonomous Region. and sub-surface rights, inland waters, coastal
accordance with responsible mining policies, waters, and renewable and non-renewable
the Philippine Constitution, and the pertinent resources in the Bangsamoro.

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provisions of this Basic Law.
Provided, that the strategic minerals such as The protection, conservation, rehabilitation, The protection, conservation, rehabilitation, and
uranium, petroleum, and other fossil fuels, and development of forests, coastal, and development of forests, coastal, and marine
mineral oils, and all sources of potential marine resources, including the adoption of resources, including the adoption of programs
energy shall remain under the control and programs and projects to ensure the and projects to ensure the maintenance of
supervision of the National Government; maintenance of ecological balance and ecological balance and biodiversity, shall be
provided further that in the utilization and biodiversity, shall be given priority. given priority.
exploration of strategic minerals, the
Bangsamoro Regional Government shall be
consulted. The Bangsamoro Regional Government The Bangsamoro Government shall also have
shall also have the power to declare nature the power to declare nature reserves and aquatic
reserves and aquatic parks, forests, watershed parks, forests, watershed reservations, and
reservations, and other protected areas in the other protected areas in the Bangsamoro.
Bangsamoro Autonomous Region.

The Bangsamoro Parliament shall pass a The Bangsamoro Parliament shall pass a law on
law on protected areas, regarding the protected areas, regarding the procedure for the
procedure for the declaration and the declaration, and the management of those that
management of those that are so declared, and are so declared, and the role of the Bangsamoro
the role of the Bangsamoro Regional Government and other stakeholders in the
Government and other stakeholders in the process.
process.
Section 9. Transfer of Existing Nature
Reserves and Protected Areas. – The
management and protection of nature reserves
and aquatic parks, forests, watershed
reservations, and other protected areas in the

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Bangsamoro territory that have already been
defined by and under the authority of the
Central Government shall be transferred to the
Bangsamoro Government.

Within three months from the establishment of


the Bangsamoro Transition Authority, the
Bangsamoro Government and Department of
Environment and Natural Resources (DENR), as
well as, other relevant government agencies shall
start the process of transferring these areas,
including the conduct of surveys of all affected
areas and the planning and transition for each
and every protected area. Such process shall be
completed within a period not exceeding two (2)
years.

SEC. 186. Exploration, Development, and Section 10. Exploration, Development, and
Utilization of Fossil Fuels, Uranium, and Utilization of Fossil Fuels and Uranium. - The
Other Strategic Minerals. – The Bangsamoro Bangsamoro Government and the Central
Regional Government and the National Government shall jointly exercise the power to
Government shall jointly exercise the power to grant rights, privileges, and concessions over the
grant rights, privileges, and concessions over exploration, development, and utilization of
the exploration, development, and utilization fossil fuels (petroleum, natural gas, and coal)
of fossil fuels (petroleum, natural gas, and and uranium in the Bangsamoro.
coal) and uranium in the Bangsamoro
Autonomous Region.

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The National Government, through the The Central Government, through the
Department of Energy (DOE) and the Department of Energy (DOE), and the
Bangsamoro Regional Government, shall adopt Bangsamoro Government shall adopt a
a competitive and transparent process for the competitive and transparent process for the
grant of rights, privileges, and concessions in grant of rights, privileges, and concessions in
the exploration, development, and utilization the exploration, development, and utilization of
of fossil fuels, uranium, and other strategic fossil fuels and uranium.
minerals.
The DOE and the Bangsamoro Government will
identify and select prospective contract areas to
be offered for exploration and development. A
qualified Filipino citizen who is a bona fide
resident of the Bangsamoro will receive a rating
higher than other proponents during the
evaluation process. The award of the service
contract shall be made jointly by the DOE and
the Bangsamoro Government.

SEC. 166. Preferential Rights Of Bona Fide SEC. 187. Preferential Rights of Bona Fide Section 11. Preferential Rights of Bona Fide
Inhabitants Of The Bangsamoro Autonomous Inhabitants of the Bangsamoro Inhabitants of the Bangsamoro. – Qualified
Region. – Qualified inhabitants who are bona Autonomous Region. – Qualified citizens who citizens who are bona fide inhabitants of the
fide inhabitants of the Bangsamoro are bona fide inhabitants of the Bangsamoro Bangsamoro shall have preferential rights over
Autonomous Region shall have preferential Autonomous Region shall have preferential the exploration, development, and utilization of
rights over the exploration, development, and rights over the exploration, development, and natural resources, including fossil fuels
utilization of natural resources, including utilization of natural resources, including (petroleum, natural gas, and coal) and uranium,

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fossil fuels (petroleum, natural gas, and coal) fossil fuels (petroleum, natural gas, and coal), within the Bangsamoro territory. Existing rights
and uranium, within the Bangsamoro uranium, and other strategic minerals within over the exploration, development, and
Autonomous Region. Existing rights over the the Bangsamoro Autonomous Region. Existing utilization of natural resources shall be
exploration, development and utilization of rights over the exploration, development, and respected until the expiration of the
natural resources shall be respected until the utilization of natural resources shall be corresponding leases, permits, franchises, or
expiration of the corresponding leases, respected until the expiration of the concessions, unless legally terminated.
permits, franchises or concessions, unless corresponding leases, permits, franchises, or
legally terminated. concessions, unless legally terminated.

SEC. 167. Rights Of Indigenous Peoples SEC. 188. Rights of Indigenous Peoples Section 12. Rights of Indigenous Peoples
Over Natural Resources. – The Bangsamoro over Natural Resources. – The Bangsamoro Over Natural Resources. – The Bangsamoro
Parliament shall enact a law recognizing the Parliament shall enact a law recognizing the Parliament shall enact a law recognizing the
rights of indigenous peoples in the rights of Indigenous Peoples in the rights of indigenous peoples in the Bangsamoro
Bangsamoro Autonomous Region in relation to Bangsamoro Autonomous Region in relation to in relation to natural resources within the
natural resources within the territories natural resources within the territories territories covered by a native title, including
covered by a native title, including their share covered by a native title, including their share their share in revenues, as provided in this
in revenues, as provided in this Basic Law, in revenues, as provided in this Basic Law, Basic Law, and preferential rights in the
and preferential rights in the exploration, and preferential rights in the exploration, exploration, development and utilization of such
development and utilization of such natural development, and utilization of such natural natural resources within their area.
resources within their area. resources within their area.

No ancestral domains and lands shall be The right of Indigenous Peoples to free The right of indigenous peoples to free and prior
opened for exploration or extraction nor any and prior informed consent in relation to informed consent in relation to development
policies, projects, programs, research or plans development initiatives shall be respected. initiatives shall be respected.
be implemented without the free and prior
informed consent of the indigenous people
concerned, pursuant to RA No. 8371 or the

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IPRA of 1997.

Section 13. Mines and Mineral Resources. –


The Bangsamoro Government shall have
authority and jurisdiction over the exploration,
development, and utilization of mines and
minerals in its territory, taking into
consideration environmental protection and
ecological balance. Permits and licenses and the
granting of contracts for this purpose shall be
within the powers of the Bangsamoro
Government.

SEC. 168. Financial and Technical Assistance Section 14. Financial and Technical
Agreements. – The applications for Financial Assistance Agreements. – The applications for
and Technical Assistance Agreements (FTAAS) financial and technical assistance agreements
covering mineral resources within the (FTAAs) covering mineral resources within the
Bangsamoro Autonomous Region shall be filed Bangsamoro shall be commenced at and
with the Bangsamoro Regional Government recommended by the Bangsamoro Government
which shall make recommendations to the to the President.
President.
The manner by which the Bangsamoro
The manner by which the Bangsamoro Government shall make the recommendation
Regional Government shall make the shall be in accordance with the mining policy
recommendation shall be in accordance with that shall be adopted by the Bangsamoro
the mining policy that shall be adopted by the Parliament.
Bangsamoro Parliament.
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SEC. 169. Regulation Of Small-Scale Mining. – SEC. 189. Regulation of Small-Scale Section 15. Regulation of Small-Scale Mining.
Small-scale mining shall be regulated by the Mining. – Small-scale mining shall be – Small-scale mining shall be regulated by the
Bangsamoro Regional Government to the end regulated by the Bangsamoro Regional Bangsamoro Government to the end that the
that the ecological balance, safety and health, Government to the end that the ecological ecological balance, safety and health, and the
and the interests of the affected communities, balance, safety and health, and the interests of interests of the affected communities, the
the miners, the indigenous peoples, and the the affected communities, the miners, the miners, the indigenous peoples, and the local
local government units of the place where Indigenous Peoples, and the local government government units of the place where such
such operations are conducted are duly units of the place where such operations are operations are conducted are duly protected and
protected and safeguarded. conducted are duly protected and safeguarded.
safeguarded.

SEC. 170. Legislating Benefits,


Compensation For Victims And Communities
Adversely Affected By Mining And Other
Activities That Harness Natural Resources. -
The Bangsamoro Parliament shall enact laws
for the benefit and welfare of the inhabitants
injured, harmed or adversely affected by the
harnessing of natural and mineral resources
in the Bangsamoro Autonomous Region. Such
laws may include payment of just
compensation to and relocation of the people
and rehabilitation of the areas adversely
affected by the harnessing of natural and
mineral resources mentioned above.

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The Bangsamoro Parliament may, by law,
require the persons, natural or juridical,
responsible for causing the harm or injury
mentioned above to bear the costs of
compensation, relocation and rehabilitation
mentioned above wholly or partially.

SEC. 171. Bangsamoro Small Scale Mining SEC. 190. Bangsamoro Small-Scale Mining
Policy. - Policies on small scale shall be drawn Policy. – Policies on small-scale mining and
up by the Bangsamoro Parliament in other extractive industries shall be drawn up
accordance with its comprehensive by the Bangsamoro Parliament in accordance
sustainable Bangsamoro Autonomous Region with its Comprehensive Sustainable
development plan, as well as its over-all Development Plan, as well as, its overall
medium-term and long-term Bangsamoro medium-term and long-term Bangsamoro
Autonomous Region development plan. Autonomous Region Development Plan.

SEC. 172. Agriculture, Fisheries, And Aquatic


Resources. – The Bangsamoro Regional
Government’s policies and laws on
agriculture, fisheries, and aquatic resources
shall advance agriculture as a key
development strategy, promote productivity
measures, and provide support for farmers
and fishers especially small landholders and
marginal fishers.

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SEC. 191. Legislating Benefits, Section 16. Legislating Benefits,
Compensation for Victims and Compensation for Victims and Communities
Communities Adversely Affected by Mining Adversely Affected by Mining and Other
and Other Activities that Harness Natural Activities that Harness Natural Resources. -
Resources. – The Bangsamoro Parliament The Bangsamoro Parliament shall enact laws for
shall enact laws for the benefit and welfare of the benefit and welfare of the inhabitants
the inhabitants injured, harmed, or adversely injured, harmed or adversely affected by the
affected by the harnessing of natural and harnessing of natural and mineral resources in
mineral resources in the Bangsamoro the Bangsamoro. Such laws may include
Autonomous Region. Such laws may include payment of just compensation to and relocation
payment of just compensation to and of the people and rehabilitation of the areas
relocation of the people and rehabilitation of adversely affected by the harnessing of natural
the areas adversely affected by the harnessing and mineral resources mentioned above.
of natural and mineral resources mentioned
above.

The Bangsamoro Parliament may, by The Bangsamoro Parliament may, by law,


law, require the persons, natural or juridical, require the persons, natural or juridical,
responsible for causing the harm or injury responsible for causing the harm or injury
mentioned above to bear the costs of mentioned above to bear the costs of
compensation, relocation, and rehabilitation compensation, relocation, and rehabilitation
mentioned above wholly or partially. mentioned above wholly or partially.

SEC. 192. Land Tenure and Conflicting


Claims. – In order to address conflicting land
claims, the Bangsamoro Autonomous Region
shall develop a land tenure improvement

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program to be designed and implemented by
the concerned ministries of the Bangsamoro
Autonomous Region. Measures shall be
undertaken to facilitate the identification of
land ownership and the generation of land
titles. The plan may include measures that
would provide the necessary titling assistance
for legitimate landowners and abbreviated
procedures for the registration of lands. For
this purpose, the Bangsamoro Parliament may
enact a law and create the necessary office.

Section 17. Bangsamoro Mining Policy. -


Policies on mining and other extractive
industries shall be drawn up by the Bangsamoro
Parliament in accordance with its
Comprehensive Sustainable Development Plan,
as well as, its over-all medium-term and long-
term Bangsamoro Development Plan.

Section 18. Land Tenure And Conflicting


Claims. – In order to address conflicting land
claims, the Bangsamoro shall develop a land
tenure improvement program to be designed and
implemented by the concerned ministries of the
Bangsamoro. Measures shall be undertaken to
facilitate the identification of land ownership

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and the generation of land titles. The plan may
include measures that would provide the
necessary titling assistance for legitimate
landowners and abbreviated procedures for the
registration of lands. For this purpose, the
Bangsamoro Parliament may enact a law and
create the necessary office.
SEC. 193. Zones of Joint Cooperation. – Section 19. Zones of Joint Cooperation. –
Zones of Joint Cooperation in the Sulu Sea Zones of Joint Cooperation in the Sulu Sea and
and the Moro Gulf are hereby created, the the Moro Gulf are hereby created, the
coordinates of which shall be defined by an ad coordinates of which shall be defined by an ad
hoc joint body composed of representatives hoc joint body composed of representatives from
from the Department of Environment and the Department of Environment and Natural
Natural Resources (DENR) and the National Resources (DENR) and the National Mapping
Mapping and Resource Information Authority and Resource Information Authority (NAMRIA)
(NAMRIA) and an equal number of and an equal number of representatives from
representatives from appropriate agencies of appropriate agencies of the Bangsamoro
the Bangsamoro Government. Government.

The Joint Body shall be convened within The Joint Body shall be convened within thirty
thirty (30) days after the ratification of this (30) days after the ratification of this Basic Law
Basic Law and shall cease to exist after it has and shall cease to exist after it has established
established the coordinates of the Bangsamoro the coordinates of the Bangsamoro territory,
territory, including the Bangsamoro Waters including the Bangsamoro Waters and the Zones
and the Zones of Joint Cooperation. However, of Joint Cooperation. However, the said joint
the said joint body shall be reconvened within body shall be reconvened within thirty (30) days
thirty (30) days after the conduct of a after the conduct of a plebiscite for the inclusion

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plebiscite for the inclusion of other territories of other territories as provided in the Basic Law.
as provided in the Basic Law.

SEC. 194. Joint Body for the Zones of Joint Section 20. Joint Body for the Zones of Joint
Cooperation. – There shall be created a Joint Cooperation. – There shall be created a Joint
Body for the Zones of Joint Cooperation Body for the Zones of Joint Cooperation
composed of a Bangsamoro Minister as Chair, composed of a Bangsamoro Minister as Chair, at
at least one (1) representative of a constituent least one (1) representative of a constituent local
local government unit of the Bangsamoro government unit of the Bangsamoro adjacent to
adjacent to the Sulu Sea, at least one (1) the Sulu Sea, at least one (1) representative of a
representative of a constituent local constituent local government unit of the
government unit of the Bangsamoro adjacent Bangsamoro adjacent to the Moro Gulf, the
to the Moro Gulf, the Secretary of Secretary of Environment and Natural
Environment and Natural Resources, the Resources, the Secretary of Agriculture, and the
Secretary of Agriculture, and the Secretary of Secretary of Transportation and Communication
Transportation and Communication of the of the Central Government, or their authorized
National Government, or their authorized representatives, and their counterpart officials
representatives, and their counterpart officials from the appropriate Bangsamoro offices and/or
from the appropriate Bangsamoro offices agencies. There shall be at least one (1)
and/or agencies. There shall be at least one (1) representative from an adjoining local
representative from an adjoining local government unit that is not part of the
government unit that is not part of the Bangsamoro, and adjacent to the Sulu Sea, and
Bangsamoro, and adjacent to the Sulu Sea, at least one (1) representative from an adjoining
and at least one (1) representative from an local government unit that is not part of the
adjoining local government unit that is not Bangsamoro, and adjacent to the Moro Gulf. The
part of the Bangsamoro, and adjacent to the Joint Body shall be responsible for drawing up
Moro Gulf. The Joint Body shall be responsible of policies mentioned in the preceding Section,

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for drawing up of policies mentioned in the as well as, those necessarily related thereto.
preceding Section, as well as, those
necessarily related thereto.
The Joint Body may invite private sector The Joint Body may invite private sector
representatives from the fishing and representatives from the fishing and
transportation industries whenever necessary. transportation industries whenever necessary.

The Bangsamoro Government and the The Bangsamoro Government and the Central
National Government shall work together to Government shall work together to regulate the
regulate the waters that comprise the Zones of waters that comprise the Zones of Joint
Joint Cooperation in the Sulu Sea and the Cooperation in the Sulu Sea and the Moro Gulf.
Moro Gulf. Policies shall be jointly drawn up Policies shall be jointly drawn up for the
for the following purposes: following purposes:

1) Protection of the traditional fishing a. protection of the traditional fishing


grounds; grounds;

2) Benefitting from the resources therein; b. benefitting from the resources therein;

3) Ensuring the interconnectivity of the c. ensuring the interconnectivity of the


islands and mainland parts of the islands and mainland parts of the
Bangsamoro so that they are parts of a Bangsamoro so that they are parts of a
cohesive Bangsamoro political entity; cohesive Bangsamoro political entity; and
and
4) Ensuring the exercise of the preferential d. ensuring the exercise of the preferential
rights of the Bangsamoro people, other rights of the Bangsamoro people, other
indigenous peoples in the adjoining indigenous peoples in the adjoining

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provinces, and the resident fishers in provinces, and the resident fishers in the
the Bangsamoro over fishery, Bangsamoro over fishery, aquamarine,
aquamarine, and other living resources and other living resources in the Zones of
in the Zones of Joint Cooperation. The Joint Cooperation. The Joint Body shall
Joint Body shall promulgate rules and promulgate rules and regulations as to
regulations as to the exercise of these the exercise of these preferential rights.
preferential rights.

The Bangsamoro Government and the The Bangsamoro Government and the Central
National Government shall ensure that there Government shall ensure that there shall be free
shall be free movement of vessels, goods, and movement of vessels, goods, and people in these
people in these Zones of Joint Cooperation. Zones of Joint Cooperation.

SEC. 195. Exploration, Development, and Section 2. Exploration, Development, and


Utilization of Non-living Resources in the Utilization of Non-living Resources in the
Zones of Joint Cooperation. – The Joint Zones of Joint Cooperation. The Joint Body for
Body for the Zones of Joint Cooperation shall the Zones of Joint Cooperation shall ensure the
ensure the cooperation and coordination cooperation and coordination between the
between the National Government and the Central Government and the Bangsamoro
Bangsamoro Government on the exploration, Government on the exploration, development,
development, and utilization of non-living and utilization of non-living resources in the
resources in the Zones of Joint Cooperation Zones of Joint Cooperation and determine the
and determine the sharing of income and sharing of income and revenues derived
revenues derived therefrom. therefrom.

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SEC. 196. Transportation in the Zones of Section 22. Transportation in the Zones of
Joint Cooperation. Transportation plying Joint Cooperation. Transportation plying direct
direct routes connecting the islands in Sulu, routes connecting the islands in Sulu, Basilan,
Basilan, Tawi-Tawi, and/or the mainland Tawi-Tawi, and/or the mainland parts of the
parts of the Bangsamoro and passing through Bangsamoro and passing through the Zones of
the Zones of Joint Cooperation shall be Joint Cooperation shall be considered intra-
considered intra-regional routes. regional routes.

SEC. 197. Inland Waters. – The Bangsamoro Section 23. Inland Waters. – The Bangsamoro
Government shall have exclusive powers over Government shall have exclusive powers over
inland water, including, but not limited to inland water, including, but not limited to lakes,
lakes, marshes, rivers, and tributaries. The marshes, rivers, and tributaries. The
Bangsamoro Parliament shall enact laws on Bangsamoro Parliament shall enact laws on the
the regulation, conservation, management, regulation, conservation, management, and
and protection of these resources, and may protection of these resources, and may classify
classify inland waters in the Bangsamoro. It inland waters in the Bangsamoro. It shall create
shall create a Bangsamoro office and a Bangsamoro office and authorities for specific
authorities for specific inland bodies of water inland bodies of water that shall exercise
that shall exercise management and regulation management and regulation powers over these
powers over these bodies of water. bodies of water.

The Bangsamoro Government shall The Bangsamoro Government shall ensure that
ensure that the utilization of these waters the utilization of these waters shall primarily be
shall primarily be for the benefit of the people for the benefit of the people in the Bangsamoro
in the Bangsamoro and shall ensure that host and shall ensure that host communities shall be
communities shall be given equitable share given equitable share from the revenues
from the revenues generated from such generated from such utilization.

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utilization.

SEC. 198. Agriculture, Fisheries, and Section 24. Agriculture, Fisheries, and
Aquatic Resources. – The Bangsamoro Aquatic Resources. – The Bangsamoro
Regional Government’s policies and laws on Government’s policies and laws on agriculture,
agriculture, fisheries, and aquatic resources fisheries, and aquatic resources shall advance
shall advance agriculture as a key agriculture as a key development strategy,
development strategy, promote productivity promote productivity measures, and provide
measures, and provide support for farmers support for farmers and fishers especially small
and fishers especially small landholders and landholders and marginal fishers.
marginal fishers.

TRADE AND INDUSTRY Trade and Industry Trade and Industry

SEC. 173. Trade and Industry In The SEC. 199. Trade and Industry in the Section 25. Trade and Industry in the
Bangsamoro Autonomous Region. – The Bangsamoro Autonomous Region. –The Bangsamoro. –The Bangsamoro Government
Bangsamoro Regional Government recognizes Bangsamoro Regional Government recognizes recognizes the private sector as a mover of trade,
the private sector as a mover of trade, the private sector as a mover of trade, commerce, and industry. To achieve equity,
commerce, and industry. It shall encourage commerce, and industry. To achieve equity, social justice, and economic development, it
and support the building up of social justice, and economic development, it shall encourage and support the building up of
entrepreneurial capability in the Bangsamoro shall encourage and support the building up entrepreneurial capability in the Bangsamoro
Autonomous Region and shall recognize, of entrepreneurial capability in the and shall recognize, promote, protect, and
promote, and protect cooperatives. Bangsamoro Autonomous Region and shall support the development of cooperatives and
recognize, promote, protect, and support the other medium, small and micro enterprises. It
The Bangsamoro Regional Government shall development of cooperatives and other shall adopt and implement cooperative
promote trade and industry in the medium, small, and micro enterprises. It shall development policies and programs through the
Bangsamoro Autonomous Region by providing adopt and implement cooperative development enactment of a Bangsamoro Cooperative Code.

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avenues through which other countries can policies and programs through the enactment
learn about its unique industries, economic of a Bangsamoro Cooperative Code. The Bangsamoro Government shall promote
opportunities and culture through trade and industry in the Bangsamoro by
participation in trade missions, trade fairs, The Bangsamoro Regional Government providing avenues through which other
and other promotional activities. It may also shall promote trade and industry in the countries can learn about its unique industries,
organize trade missions to other countries Bangsamoro Autonomous Region by providing economic opportunities and culture through
observing the necessary coordination with the avenues through which other countries can participation in trade missions, trade fairs, and
relevant government agencies. learn about its unique industries, economic other promotional activities. It can also organize
opportunities and culture through trade missions to other countries observing the
The Bangsamoro Regional Government shall participation in trade missions, trade fairs, necessary coordination with the relevant
also promote domestic trade preference for and other promotional activities. It can also government agencies.
goods produced and materials sourced from organize trade missions to other countries
within the Bangsamoro Autonomous Region observing the necessary coordination with the The Bangsamoro Government shall also promote
and adopt measures to increase their relevant government agencies. domestic trade preference for goods produced
competitiveness. The Bangsamoro Regional and materials sourced from within the
Government shall also ensure that Bangsamoro and adopt measures to increase
Bangsamoro Autonomous Region’s products It shall also promote domestic trade their competitiveness. The Bangsamoro
and services gain considerable access to the preference for goods produced and materials Government shall also ensure that Bangsamoro
markets of its trading partners, and particular sourced from within the Bangsamoro products and services gain considerable access
attention should also be given to the markets Autonomous Region and adopt measures to to the markets of its trading partners, and
of its trading partners who have historic and increase their competitiveness. The particular attention should also be given to the
cultural ties to the Bangsamoro Autonomous Bangsamoro Regional Government shall also markets of its trading partners who have historic
Region. ensure that Bangsamoro products and and cultural ties to the Bangsamoro.
services gain considerable access to the
The Bangsamoro Regional Government shall markets of its trading partners, and particular
provide technical and skills training programs, attention should also be given to the markets
create livelihood and job opportunities, and of its trading partners who have historic and

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allocate equitable preferential rights to its cultural ties to the Bangsamoro Autonomous
inhabitants. In this regard, the Bangsamoro Region.
Parliament shall adopt laws that will
safeguard the rights of workers; Provided, that
these laws shall expand, improve upon or
enhance these rights provided herein. The Bangsamoro Parliament shall adopt The Bangsamoro Government shall ensure that
laws that will safeguard the rights of workers; the utilization of these waters shall primarily be
Provided, that these laws shall expand, for the benefit of the people in the Bangsamoro
improve upon or enhance these rights and shall ensure that host communities shall be
provided herein. given equitable share from the revenues
generated from such utilization.

SEC. 174. Traditional Barter Trade And SEC. 200. Barter Trade and Countertrade. Section 26. Barter Trade and Countertrade
Countertrade – The Bangsamoro Regional – The Bangsamoro Regional Government shall with ASEAN Countries. – The Bangsamoro
Government shall regulate traditional barter regulate traditional barter trade and Government shall regulate traditional barter
trade and counter-trade with Indonesia, countertrade with Indonesia, Malaysia, and trade and counter-trade with ASEAN countries.
Malaysia or Brunei. The goods or items that Brunei. The goods or items that are traded The goods or items that are traded with the said
are traded with the said countries shall not be with the said countries shall not be sold countries shall not be sold elsewhere in the
sold elsewhere in the country without elsewhere in the country without payment of country without payment of appropriate
payment of appropriate customs or import appropriate customs or import duties. customs or import duties.
duties. The Bangsamoro Regional Government
shall ensure compliance with national Traditional barter trade and Traditional barter trade and counter-trade refer
standards and safety product standards countertrade refer to all cross-border trade of to all cross-border trade of all goods not
requirements. The Department of Finance all goods not otherwise considered illicit since otherwise considered illicit since time
(DOF) shall, in consultation with the time immemorial between the Bangsamoro immemorial between the Bangsamoro areas with
Bangsamoro Regional Government, Autonomous Region areas and the countries ASEAN countries. The Bangsamoro Government
promulgate the rules to govern traditional Indonesia, Malaysia, and Brunei. The shall ensure compliance with national standards

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barter trade and counter-trade within six (6) Bangsamoro Regional Government shall and safety product standards requirements.
months from the approval of this Basic Law. ensure compliance with national standards Any dispute in relation to compliance or non-
and safety product standards requirements. compliance shall be brought to the
Any dispute in relation to compliance or non- intergovernmental relations mechanism.
compliance shall be brought to the
intergovernmental relations mechanism.

SEC. 175. Economic Zones, Industrial Estates SEC. 201. Economic Zones, Industrial Section 27. Economic Zones, Industrial
And Free Ports. – The Bangsamoro Regional Estates, and Free Ports. – The Bangsamoro Estates, and Free Ports. – The Bangsamoro
Government may apply with the Philippine Regional Government may apply with the Government may establish economic zones,
Economic Zone Authority (PEZA) for the Philippine Economic Zone Authority (PEZA) for industrial estates, and free ports in the
establishment of economic zones, industrial the establishment of economic zones, Bangsamoro, this shall include the
estates and free ports in the Bangsamoro industrial estates, and free ports in the establishment of a Bangsamoro Economic Zone
Autonomous Region in accordance with the Bangsamoro Autonomous Region. Authority which shall have similar powers as the
standards under existing national laws. The Philippine Economic Zone Authority. The
Bangsamoro Regional Government and the The Bangsamoro Regional Government Bangsamoro Parliament may provide such
National Government shall cooperate on and the National Government shall cooperate additional powers and functions to the
customs, immigration, quarantine service on customs, immigration, and quarantine Bangsamoro Economic Zone Authority as may
including the attendant international service including the attendant international be necessary to meet the special circumstances
commitments thereto, to implement and make commitments thereto, to implement and make of the Bangsamoro.
fully operational such economic zones, fully operational such economic zones,
industrial estates, and free ports within one industrial estates, and free ports within one (1) Once the Bangsamoro Economic Zone Authority
(1) year from their establishment. Business year from their establishment. Business and is created by the Bangsamoro Parliament, the
and other enterprises operating within the other enterprises operating within the Philippine Export Zone Authority shall no longer
Bangsamoro Autonomous Region economic Bangsamoro Autonomous Region economic authorize any other economic zone within the
zones, industrial estates and free ports shall zones, industrial estates, and free ports shall Bangsamoro. Any corporation, firm, or entity
be entitled to the fiscal incentives and other be entitled to the fiscal incentives and other established within the Bangsamoro, by authority

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benefits provided by the National Government benefits provided by the National Government of the Philippine Export Zone Authority, shall be
to special economic zones. The Bangsamoro to special economic zones. The Bangsamoro placed under the jurisdiction of the Bangsamoro
Regional Government shall implement the Regional Government shall implement the Economic Zone Authority and shall continue to
fiscal incentives and other benefits to fiscal incentives and other benefits to investors enjoy the benefits granted to it by the Philippine
investors in economic zones, industrial estates in economic zones, industrial estates, and free Export Zone Authority.
and free ports. Bangsamoro Autonomous ports. Bangsamoro Autonomous Region free
Region free ports shall be contiguous/adjacent ports shall be contiguous or adjacent to a
to a seaport or airport. the area of coverage of seaport or airport. The area of coverage of a Through the intergovernmental relations
a free port may be so much as may be free port may be so much as may be necessary mechanism, the Bangsamoro Government and
necessary of that portion of the constituent of that portion of the constituent local the Central Government shall cooperate on
local government unit/s of the Bangsamoro government units of the Bangsamoro customs, immigration, and quarantine service
Autonomous Region, subject to such Autonomous Region, subject to such criteria including the attendant international
additional criteria as the Bangsamoro as the Bangsamoro Parliament may provide in commitments thereto, to implement and make
Parliament may provide in law for that law for that purpose. Existing free ports in the fully operational such economic zones,
purpose. Existing free ports in the ARMM are ARMM are hereby transferred to the industrial estates, and free ports within one (1)
hereby transferred to the Bangsamoro Bangsamoro Regional Government. year from their establishment. Business and
Regional Government. other enterprises operating within the
Bangsamoro economic zones, industrial estates,
and free ports shall be entitled to the fiscal
incentives and other benefits provided by the
Central Government to special economic zones.
The Bangsamoro Government shall implement
the fiscal incentives and other benefits to
investors in economic zones, industrial estates,
and free ports. Bangsamoro free ports shall be
contiguous/adjacent to a seaport or airport. The
area of coverage of a free port may be so much

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as may be necessary of that portion of the
constituent local government unit/s of the
Bangsamoro, subject to such criteria as the
Bangsamoro Parliament may provide in law for
that purpose. Existing free ports in the
Autonomous Region in Muslim Mindanao are
hereby transferred to the Bangsamoro
Government.

SEC. 176. Prohibition Against Toxic Or SEC. 202. Prohibition Against Toxic or Section 28. Prohibition Against Toxic or
Hazardous Substances. – The Bangsamoro Hazardous Substances. – The Bangsamoro Hazardous Substances. – The Bangsamoro
Regional Government shall assist the National Regional Government shall regulate, restrict, Government shall regulate, restrict, or prohibit
Government in regulating, restricting or or prohibit the use, importation, transit, the use, importation, transit, transport, deposit,
prohibiting the use, importation, transit, transport, deposit, disposal, and dumping of disposal, and dumping of toxic or hazardous
transport, deposit, disposal, and dumping of toxic or hazardous substances within the substances within the Bangsamoro. It shall, in
toxic or hazardous substances within the Bangsamoro Autonomous Region. It shall, in the same manner, regulate activities that may
Bangsamoro Autonomous Region. It shall, in the same manner, regulate activities that may adversely impact the environment and may be
the same manner, assist the National adversely impact the environment and may be harmful to health, safety, and welfare of the
Government in regulating activities that may harmful to health, safety, and welfare of the Bangsamoro.
adversely impact the environment and may be Bangsamoro Autonomous Region.
harmful to health, safety and welfare of the
Bangsamoro Autonomous Region

SEC. 177. Halal-Certifying Body; Halal SEC. 203. Halal Program. – The Bangsamoro Section 29. Halal Program. – The Bangsamoro
Campaign Program. – The Bangsamoro Regional Government shall have the power to Government shall have the power to accredit
Regional Government shall have the power to accredit halal-certifying bodies in the halal-certifying bodies in the Bangsamoro. It
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accredit one (1) halal-certifying body in the Bangsamoro Autonomous Region. It shall shall promote awareness through the
Bangsamoro Autonomous Region. It shall promote awareness through the development development and implementation of a halal
promote awareness through the development and implementation of a halal campaign campaign program.
and implementation of a halal campaign program. The Bangsamoro Parliament shall
program. enact laws to further strengthen its policy and The Bangsamoro Parliament shall enact laws to
programs on halal development. further strengthen its policy and programs on
halal development.

BANKING AND FINANCE Banking and Finance Banking and Finance

SEC. 178. Banks And Financial Institutions. – SEC. 204. Banks and Financial Section 30. Banks and Financial Institutions.
The Bangsamoro Regional Government shall Institutions. – The Bangsamoro Regional – The Bangsamoro Government shall encourage
encourage the establishment of: (a) banks Government shall encourage the the establishment of:
and financial institutions and their branches; establishment of banks and financial
and (b) off-shore banking units of foreign institutions and their branches and of off- a. banks and financial institutions and their
banks within the Bangsamoro Autonomous shore banking units of foreign banks within branches; and
Region, and principles of the Islamic banking the Bangsamoro Autonomous Region, and in
system. accordance with the principles of the Islamic b. off-shore banking units of foreign banks
banking system.
within the Bangsamoro, and in accordance with
the principles of the Islamic banking system.

The Bangsamoro Parliament shall enact laws on


Islamic finance.

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SEC. 179. Islamic Banking And Finance. – SEC. 205. Islamic Banking and Finance. – Section 31. Islamic Banking and Finance. –
The Bangsamoro Regional Government, the The Bangsamoro Government, the BSP, the The Bangsamoro Government, the Bangko
BSP, DOF and the NCMF shall jointly promote Department of Finance (DOF), and the Sentral ng Pilipinas (BSP), the Department of
the development of an Islamic banking and National Commission on Muslim Filipinos Finance (DOF), and the National Commission on
finance system, to include among others the (NCMF) shall jointly promote the development Muslim Filipinos (NCMF) shall jointly promote
establishment of a Shari’ah supervisory board. of an Islamic banking and finance system. the development of an Islamic banking and
finance system, to include, among others, the
establishment of a Shari’ah Supervisory Board
and the promotion and development of Shari’ah
compliant financial institutions.

To facilitate the establishment of an Islamic To facilitate the establishment of an To facilitate the establishment of an Islamic
banking and finance system, the National Islamic banking and finance system, the banking and finance system, the Bangsamoro
Government and the Bangsamoro Regional Bangsamoro Regional Government and the Government and the Central Government shall
Governments shall review existing market National Government shall review existing review existing market environment and policies
environment and policies and adopt measures market environment and policies and adopt and adopt measures to enhance the
to enhance the competitiveness of Islamic measures to enhance the competitiveness of competitiveness of Islamic finance products and
finance products and that Islamic financial Islamic finance products and ensure that ensure that Islamic financial players are not
players shall not be prohibited from Islamic financial players are not inhibited from inhibited from introducing Islamic finance
introducing Islamic finance products. It shall introducing Islamic finance products. They products. It shall further promote investor
further promote investor awareness and shall further promote investor awareness and awareness and acceptance in order to build a
acceptance in order to build a broader acceptance in order to build a broader broader customer and asset base.
customer and asset base. Towards this end, customer and asset base.
the appropriate agencies of the National
Government shall be authorized to issue rules
and regulations to achieve the said objectives.

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Islamic bank may be established as may be
authorized by the BSP. The BSP may also
authorize banks primarily engaged in
conventional banking to engage in Islamic
banking arrangements, including structures,
transactions and practices, through Islamic
banking windows, each Islamic bank and
conventional bank with Islamic banking
windows may establish branches or other
offices at such places in the Philippines or
abroad subject to aplicable laws, rules and
regulations of the BSP. The BSP shall have
supervision over the operations of and exercise
regulatory powers over Islamic bank and
conventional banks engaging in Islamic
finance through Islamic banking windows. For
the purposes provided in this paragraph, the
BSP shall issue the implementing rules and
regulations.

Section 32. Islamic Banking Unit in the


Bangko Sentral ng Pilipinas. - An Islamic
Banking Unit shall be established in the Bangko
Sentral ng Pilipinas which shall be headed and
staffed by qualified Islamic Banking experts,
recommended by the Chief Minister of the
Bangsamoro Government. The head of the

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Islamic Banking Unit shall be chosen from
among the three (3) recommended as of by the
Chief Minister.

The Chief Minister shall nominate at least three


(3) qualified persons from the Bangsamoro.

Section 33. Functions of the Shari’ah


Supervisory Board And Qualifications of its
Members. - Without prejudice to the crafting of
the Bangsamoro Islamic banking and finance
framework by the Bangsamoro Parliament, the
following are the functions and qualifications of
the Shari’ah Supervisory Board:

a. Functions. – The Shariah Supervisory


Board shall be responsible for monitoring
the compliance of Shari’ah rules in
banking and finance transactions and
issuance of Shari’ah products.
Furthermore, as a representative of the
various ulama, it shall have the authority
to issue fatwas regarding the products
and practices employed by banks and
other institutions.

b. Qualifications. – Subject to other

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qualifications that the Parliament may
enact, the members of the Board shall
have the necessary knowledge of both
Islamic jurisprudence and conventional
banking and finance.

SEC. 206. Supervision and Regulation by


the Bangko Sentral ng Pilipinas. – The BSP
shall have supervision over the operations of
and exercise regulatory powers over Islamic
banks. The BSP shall issue the implementing
rules and regulations on Islamic banking.

Public Utilities And Infrastructure


Public Utilities and Infrastructure
Section 34. Energy and Power Generation. –
SEC. 207. Energy and Power The Bangsamoro Government shall have
Generation. – The Bangsamoro Regional authority to regulate power generation,
Government shall have authority to regulate transmission, and distribution operating
power generation, transmission, and exclusively in the Bangsamoro through a
distribution utilities operating exclusively in Ministry of Energy which it shall create. It may
the Bangsamoro Autonomous Region through likewise create its own public utilities in the
a Ministry of Energy which it shall create. Bangsamoro, including power generation
utilities.
The Bangsamoro Government may
assist electric cooperatives to ensure their It shall promote investments, domestic and

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financial and operational viability. international, in the power sector industry in the
Bangsamoro.

In the event of the privatization of the Power plants and distribution networks in the
Power Sector Assets and Liabilities Bangsamoro shall be able to interconnect and
Management (PSALM) or of the Mindanao sell power over the National Transmission Grid
Generator Agus Grid Hydroelectric Plants, the to electric consumers. When power generation,
Bangsamoro Regional Government shall have transmission, and distribution facilities are
the preferential rights to acquire the said connected to the National Transmission Grid,
hydroelectric plants situated within the the Central Government and the Bangsamoro
Bangsamoro Autonomous Region. Government shall cooperate and coordinate
through the intergovernmental relations
mechanism.
This is without prejudice to the payment
of the obligation of National Power Corporation The Bangsamoro Government may assist electric
(NAPOCOR) or PSALM to the ARMM which cooperatives to ensure their financial and
shall, upon effectivity of this Basic Law, accrue operational viability. Assistance may be in the
to the Bangsamoro Regional Government. form of restructuring of debts, with
rehabilitation and efficiency improvement
measures based on a set of clear time-bound
operational reform programs. Other measures
may be brought to the Intergovernmental
Relations Mechanism Body.

In the event of the privatization of the


PSALM/Mindanao Generator Agus Grid
Hydroelectric Plants, such as Agus 1, 2, 4, 5, 6

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and 7, the Bangsamoro Government shall have
the preferential rights to acquire the said
hydroelectric plants situated within its territory.

This is without prejudice to the payment of the


obligation of NAPOCOR/PSALM to the
Autonomous Region in Muslim Mindanao which
now accrues to the Bangsamoro Government.

Section 35. Roads, Bridges, And Irrigation. –


The Bangsamoro Government shall be
responsible for the public works in the
Bangsamoro. However, the Central Government
shall continue to fund the construction and
maintenance of national roads and bridges and
national irrigation systems in the Bangsamoro.
Central Government shall include in the
national Road Network Information System all
national roads and bridges in the Bangsamoro.
Funding for national roads, bridges, and
irrigation systems shall be automatically
provided and regularly released by the central
government.

TRANSPORTATION AND COMMUNICATIONS Transportation and Communications Transportation and Communications

SEC. 180. Transportation And SEC. 208. Transportation and Section 36. Reserved, Concurrent, And

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Communications. – The Bangsamoro Regional Communications. – The Bangsamoro Exclusive Powers. – The Central Government
Government shall continue to exercise such Regional Government shall continue to and the Bangsamoro Government shall have
powers, functions and responsibilities that exercise such powers, functions, and reserved, concurrent, and exclusive powers,
have been devolved or decentralized to the responsibilities that have been given to the based on the principles of subsidiarity, technical
ARMM. ARMM. It shall give priority to the and financial viability, harmonization,
establishment of transportation and compliance with international standards,
The Bangsamoro Regional Government shall communications facilities to expedite the treaties and conventions, mutual respect and
give priority to the establishment of economic development in the Bangsamoro recognition, and recognition of the aspiration of
transportation and communications facilities Autonomous Region. the Bangsamoro to assume further powers as
to expedite the economic development in the may be practically operational as its capacity
Bangsamoro Autonomous Region. develops. The intergovernmental mechanism
shall harmonize policies, programs, regulations
and standards, and resolve problems of
implementation between the Central
Government and the Bangsamoro Government.
Section 37. Reserved powers. – The Central
Government shall exercise reserved powers over
the airside operation of all existing airports
within the Bangsamoro.

Section 38. Concurrent Powers. – The


Central Government and Bangsamoro
Government shall have concurrent powers over
the following:

a. The Bangsamoro Government and the


Central Government shall exercise

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concurrent powers in transportation and
communications in the Zones of Joint
Cooperation;

b. The issuance of franchises, permits,


provisional authorities for inter-regional
operation of land, air, and water
transportation, as well as,
telecommunications facilities for non-
Bangsamoro residents shall pertain to
the Central Government while the
issuance of the same for Bangsamoro
residents shall be the authority of the
Bangsamoro Government;

c. Establishment and regulation of inter-


regional routes, zones or areas of
operation that pass through, include or
involve the territory of the bangsamoro;
provided, that when the origin and the
destination of a route are within the
bangsamoro territory and it passes
through the zones of joint cooperation, it
shall be considered an intra-regional
route;

d. Designation and establishment of inter-

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regional airways; and

e. Promulgation of rules and regulations to


promote safety and security in the airside
operation of civil aviation in the
Bangsamoro.

Section 39. Exclusive Powers. – The


Bangsamoro Government shall have the
following exclusive powers:

a. Exercise of the powers granted under RA


6734 and RA 9054 on transportation and
communications;

b. Regulate the operation of land, air, and


water transportation, as well as,
telecommunication facilities in the
Bangsamoro, provided, that the Central
Government shall continue to fund the
construction and maintenance of airports
and wharves;

c. Issuance of licenses, Certificates Of Public


Convenience (CPCS), special permits (SP)
and provisional authority (PA) to operate
land, air, and water transportation and

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telecommunication companies in the
Bangsamoro;

d. Registration of land, air, and water


transportation of all kinds and
telecommunication companies in the
Bangsamoro; and

e. Exercise quasi-judicial powers over the


operation of land, air, and water
transportation and telecommunication
companies in the Bangsamoro in
accordance with the rules of procedure
established by the Bangsamoro
Parliament.

Section 40. Intergovernmental Relations


Mechanism. – The intergovernmental relations
mechanism may harmonize policies, programs,
regulations and standards, and resolve problems
of implementation between the Central
Government and the Bangsamoro Government.

ARTICLE XIII Article XIII


NORMALIZATION, REHABILITATION AND NORMALIZATION, REHABILITATION AND

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DEVELOPMENT DEVELOPMENT

SEC. 181. Policy. – The Bangsamoro Regional


Government shall promote and pursue a SEC. 209. Policy. – The Bangsamoro
permanent, continuing and intensive policy Regional Government shall promote and
and program of normalization of its pursue a permanent, continuing and intensive
communities, and a perpetual commitment to policy and program of normalization of its
the utilization of peaceful and orderly, communities, and a perpetual commitment to
inclusive and democratic means and methods the utilization of peaceful and orderly,
in order to achieve the development objectives inclusive and democratic means and methods
of the Bangsamoro Regional Government and in order to achieve the development objectives
of the people, consistent with Article XII of this of the Bangsamoro Regional Government and
Basic Law. of the people.

SEC. 182. Normalization Of Communities. – SEC. 210. Normalization of


Normalization shall mean a process whereby Communities. – Normalization shall mean a
communities within the Bangsamoro can process whereby communities within the
achieve their desired quality of life, which Bangsamoro can achieve their desired quality
includes the pursuit of sustainable livelihood of life, which includes the pursuit of
and political participation within a peaceful sustainable livelihood and political
deliberative society. It aims to insure human participation within a peaceful deliberative
security in the Bangsamoro, and helps build a society. It aims to insure human security in
society that is committed to basic human the Bangsamoro, and helps build a society
rights where individuals are free from fear of that is committed to basic human rights where
violence or crime and where long-held individuals are free from fear of violence or
traditions and values continue to be honored. crime and where long-held traditions and
values continue to be honored.

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Normalization shall be the joint responsibility Normalization shall be the joint
of the National Government and the responsibility of the National Government and
Bangsamoro Regional Government. the Bangsamoro Regional Government.

SEC. 183. Decommissioning Of Forces. – SEC. 211. Decommissioning of


Decommissioning of forces, both of the Forces. – Decommissioning of forces, both of
combatants and civilians, is an indispensable the combatants and civilians, is an
component of normalization, which is an indispensable component of normalization,
integrated process that includes activities which is an integrated process that includes
aimed at achieving a smooth transition activities aimed at achieving a smooth
towards productive civilian life. Thus, it shall transition towards productive civilian life.
necessarily embrace the internationally Thus, it shall necessarily embrace the
accepted principles and process of internationally accepted principles and
disarmament, demobilization, reinsertion and process of disarmament, demobilization,
reintegration, in accordance with the reinsertion and reintegration, in accordance
standards developed by the United Nations, as with the standards developed by the United
follows: Nations, as follows:

a) Disarmament - The collection, a) Disarmament - The collection,


documentation, control and disposal of small documentation, control and disposal of small
arms, ammunition, explosives and light and arms, ammunition, explosives and light and
heavy weapons of combatants and often also heavy weapons of combatants and often also
of the civilian population. Disarmament also of the civilian population. Disarmament also
includes the development of responsible arms includes the development of responsible arms
management programs. management programs.

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b) Demobilization - The formal and controlled b) Demobilization - The formal and
discharge of active combatants from armed controlled discharge of active combatants from
forces or other armed groups. The first stage of armed forces or other armed groups. The first
demobilization may extend from the stage of demobilization may extend from the
processing of individual combatants in processing of individual combatants in
temporary centres to the massing of troops in temporary centres to the massing of troops in
camps designated for this purpose camps designated for this purpose
(cantonment sites, encampments, assembly (cantonment sites, encampments, assembly
areas or barracks). The second stage of areas or barracks). The second stage of
demobilization encompasses the support demobilization encompasses the support
package provided to the demobilized, which is package provided to the demobilized, which is
called reinsertion. called reinsertion.

c) Reinsertion - The assistance offered to ex- c) Reinsertion - The assistance offered to


combatants during demobilization but prior to ex-combatants during demobilization but prior
the longer-term process of reintegration. to the longer-term process of reintegration.
Reinsertion is a form of transitional assistance Reinsertion is a form of transitional assistance
to help cover the basic needs of ex-combatants to help cover the basic needs of ex-combatants
and their families and can include transitional and their families and can include transitional
safety allowances, food, clothes, shelter, safety allowances, food, clothes, shelter,
medical services, short-term education, medical services, short-term education,
training, employment and tools. While training, employment and tools. While
reintegration is a long-term, continuous social reintegration is a long-term, continuous social
and economic process of development, and economic process of development,
reinsertion is short-term material and/or reinsertion is short-term material and/or
financial assistance to meet immediate needs, financial assistance to meet immediate needs,
and can last up to one year. and can last up to one year.

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No. 200, Sponsored by Sen. Marcos) (BTC version)

d) Reintegration - The process by which ex-


combatants acquire civilian status and gain
sustainable employment and income.
Reintegration is essentially a social and
economic process with an open timeframe,
primarily taking place in communities at the d) Reintegration - The process by which
local level. It is part of the general development ex-combatants acquire civilian status and gain
of the country and a national responsibility, sustainable employment and income.
and often necessitates long-term external Reintegration is essentially a social and
assistance. economic process with an open timeframe,
primarily taking place in communities at the
Decommissioning of forces shall be local level. It is part of the general development
implemented and supervised by the presently of the country and a national responsibility,
constituted Independent Decommissioning and often necessitates long-term external
Body (IDB), which shall continue to perform its assistance.
mandate and functions pursuant to the Annex
on Normalization, the Program for
Normalization, and the IDB’s Terms of
Reference, in so far as may be consistent with
the provisions of this Basic Law.

The IDB shall convene at least once every


quarter for the purpose of monitoring the
progress of the decommissioning process, and
of assessing and evaluating changes in the
circumstances, with a view to ensure the

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No. 200, Sponsored by Sen. Marcos) (BTC version)
completion and accomplishment of all the
phases thereof. In addition, the IDB shall
perform the following duties and functions:

1) In coordination with the Joint


Coordinating Committees on Cessation of
Hostilities (JCCCH), the Ad Hoc Joint Action
Group (AHJAG) and the International
Monitoring Team (IMT), visit and conduct
ocular inspections of combatants’ camps, to
obtain essential information and to verify,
among others, the inventory of MILF
combatants, weapons and camps;

2) To obtain from the AFP its inventory of MILF


combatants, weapons and camps based upon
their latest intelligence;

3) Submit to the President and Congress


quarterly reports on the progress of the
decommissioning process, as well as a final
report upon completion and accomplishment
of its tasks and responsibilities;

4) Develop and implement, when necessary,


a revised schedule to accelerate the process of
decommissioning of forces consistent with the

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provisions of this Basic Law;

5) Evaluate and recommend to the President


ex-combatants qualified for amnesty, subject
to the concurrence of Congress;

6) Coordinate and request assistance from


National Government agencies and local
government units; and

7) Perform such other functions as are vital


and necessary to complete and accomplish all
its tasks in the decommissioning of forces.

In order to ensure the effective discharge by


the IDB of its mandate and functions and to
facilitate the accomplishment of all its
objectives, the Government of the Philippines
(GPH) and MILF panels, the JCCCH, the
AHJAG and the IMT shall coordinate with and
assist one another to provide the IDB
unrestricted access to MILF and other
combatants’ camps and premises, and other
essential and material information.

SEC. 184. Rehabilitation And Development. – SEC. 212. Rehabilitation and Development. Article XIV
Without prejudice to Article XI, Section 142 of – The Bangsamoro Regional Government, with REHABILITATION AND DEVELOPMENT

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No. 200, Sponsored by Sen. Marcos) (BTC version)
this Basic Law, the Bangsamoro Regional funding support from the National
Government shall, as part of the normalization Government, shall intensify development Section 1. Rehabilitation and Development. –
process, pursue an intensive program of efforts for the rehabilitation, reconstruction, The Bangsamoro Government, with funding
rehabilitation, reconstruction and development and development of the Bangsamoro support from the Central Government, shall
of the Bangsamoro Autonomous Region, with Autonomous Region as part of the intensify development efforts for the
sufficient funding support from the National normalization process. It shall formulate and rehabilitation, reconstruction, and development
Government. In accordance with Article XII, implement a program for rehabilitation and of the Bangsamoro as part of the normalization
Section 161 hereof, the Bangsamoro Regional development that will address the needs of all process. It shall formulate and implement a
Government shall formulate and implement a inhabitants in the Bangsamoro Autonomous program for rehabilitation and development that
comprehensive plan and program for Region, including those combatants, auxiliary will address the needs of Moro Islamic Liberation
rehabilitation and development that will forces, including civilian armed groups, their Front (MILF)/Bangsamoro Islamic Armed Force
holistically address the needs and uplift the families, and internally displaced persons. (BIAF) members and its decommissioned women
welfare of all the inhabitants in the auxiliary force, Moro National Liberation Front
Bangsamoro Autonomous Region, including (MNLF)/Bangsamoro Armed Forces (BAF)
those of the combatants, auxiliary forces, members, and address the needs of internally
including civilian armed groups, their families, displaced persons, widows and orphans, and
and internally displaced persons. poverty-stricken communities.

SEC. 213. Special Development Fund. – In Section 2. Special Development Fund. – In


order for the Bangsamoro to rebuild its order for the Bangsamoro to rebuild its conflict-
conflict-affected communities, the National affected communities and catch up with the rest
Government shall provide for a Special of the country, the Central Government shall
Development Fund to the Bangsamoro for the provide for a Special Development Fund to the
rehabilitation and development of its conflict- Bangsamoro for the rehabilitation and
affected communities. development of its conflict-affected communities.

The amount equivalent to One Hundred The amount equivalent to One Hundred Billion

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No. 200, Sponsored by Sen. Marcos) (BTC version)
Billion Pesos (₱100,000,000,000.00) shall be Pesos (P100B) shall be allocated for this purpose
allocated for this purpose to be utilized by the to be utilized by the Bangsamoro Government
Bangsamoro Regional Government for twenty for twenty (20) years from the ratification of this
(20) years from the ratification of this Basic Basic Law. For the first year following the
Law. For the first year following the ratification ratification of this Basic Law, the amount of Ten
of this Basic Law, the amount of Ten Billion Billion Pesos (P10B) shall be given to the
Pesos ((₱10,000,000,000.00) shall be given to Bangsamoro Government. From the second to
the Bangsamoro Regional Government. From the fifth year, the amount shall be Eight Billion
the second to the fifth year, the amount shall Pesos (P8B) each year, and Six Billion Pesos
be Eight Billion Pesos ((₱8,000,000,000.00) (P6B) for each year from the sixth to the tenth
each year, and Six Billion Pesos year. Henceforth up to the twentieth year, the
((₱6,000,000,000.00) for each year from the amount shall be Two point Two Billion Pesos
sixth to the tenth year. Thereafter, the amount (P2.2B) annually. Such amount shall be
shall be Two Billion Eight Hundred Million released at the beginning of each fiscal year to
Pesos (₱2,800,000,000.00) annually. Such the Bangsamoro Government.
amount shall be released at the beginning of
each fiscal year to the Bangsamoro Regional
Government.

The utilization of the funds shall be in The utilization of the funds shall be in
accordance with the BARDP to be adopted by accordance with the Bangsamoro Development
the Bangsamoro Regional Government, as Plan to be adopted by the Bangsamoro
provided in Section 157 of this Basic Law. Government, as provided in Article XIII, Section
5 of this law.

ARTICLE XIV Article XIV Article XV


PLEBISCITE PLEBISCITE PLEBISCITE

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No. 200, Sponsored by Sen. Marcos) (BTC version)

SEC. 185. Establishment Of The Bangsamoro SEC. 214. Establishment of the Section 1. Establishment of the Bangsamoro.
Autonomous Region. – The establishment of Bangsamoro Autonomous Region. – The – (1) The establishment of the Bangsamoro and
the Bangsamoro Autonomous Region and the establishment of the Bangsamoro Autonomous the determination of the Bangsamoro territory
determination of the Bangsamoro geographical Region and the determination of the shall take effect upon ratification of this Basic
area shall take effect upon ratification of this Bangsamoro territorial jurisdiction shall take Law by majority of the votes cast in a plebiscite
Basic Law by majority of the votes cast in the effect upon ratification of this Basic Law by in the following:
following provinces and cities in a plebiscite majority of the votes cast in a plebiscite in the
conducted for the purpose: following:
1) The present geographical area of the
a. the present geographical area of the 1) The present geographical area of the Autonomous Region in Muslim Mindanao;
ARMM; ARMM;
b. the cities of Cotabato and Isabela; and 2) The Cities of Cotabato and Isabela; and 2) The Municipalities of Baloi, Munai,
Nunungan, Pantar, Tagoloan, and
Tangkal in the province of Lanao del
Norte;
c. those qualified for inclusion in the 3) Those qualified for inclusion in the 3) The following thirty nine (39) Barangays in
plebiscite, by way of resolution or plebiscite, by way of resolution or the Municipalities of Kabacan, Carmen,
petition. petition. Aleosan, Pigkawayan, Pikit, and
Midsayap in North Cotabato that voted
for inclusion in the Autonomous Region
The plebiscite herein mentioned shall be in Muslim Mindanao during the 2001
conducted, not earlier than ninety (90) days plebiscite under Republic Act No. 9054:
and not later than one hundred twenty (120)
days after the effectivity of this Basic Law. For i. Dunguan, Lower Mingading, and
this purpose, the COMELEC shall undertake Tapodoc in the municipality of
the necessary steps to enable the holding of Aleosan (3);

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No. 200, Sponsored by Sen. Marcos) (BTC version)
the plebiscite within the said period.
ii. Manarapan and Nasapian in the
municipality of Carmen (2);

iii. Nanga-an, Simbuhay, and


Sanggadong in the municipality of
Kabacan (3);

iv. Damatulan, Kadigasan, Kadingilan,


Kapinpilan, Kudarangan, Central
Labas, Malingao, Mudseng,
Nabalawag, Olandang,
Sambulawan, and Tugal in the
municipality of Midsayap (12);

v. Lower Baguer, Balacayon, Buricain,


Datu Binasing, Kadingilan, Matilac,
Patot, and Lower Pangangkalan in
the municipality of Pigkawayan (8);

vi. Bagoinged, Balatican, S. Balong, S.


Balongis, Batulawan, Buliok,
Gokotan, Kabasalan, Lagunde,
Macabual, and Macasendeg, in the
municipality of Pikit (11)

4) The Cities of Cotabato and Isabela; and

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No. 200, Sponsored by Sen. Marcos) (BTC version)

5) Those qualified for inclusion in the


plebiscite, by way of resolution or
petition.

SEC. 186. Date Of Plebiscite - The plebiscite


shall be conducted, as far as practicable,
within one hundred eighty (180) days from the
effectivity of this Basic Law.

For this purpose, the COMELEC shall


undertake the necessary steps to enable the
holding of the plebiscite within the said period.

Section 2. Territorial Jurisdiction. – The


plebiscite herein mentioned shall be conducted,
not earlier than 90 days or later than one
hundred twenty (120) days after the effectivity of
this Basic Law.

For this purpose, the COMELEC shall undertake


the necessary steps to enable the holding of the
plebiscite within the said period.

SEC. 187. Results Of The Plebiscite. – (a) For SEC. 215. Results of the Plebiscite. – Section 3. Results of the Plebiscite. –
the present geographic area of the ARMM: If
the majority of the registered voters in each 1) For the present geographic area of the 1) For the present geographic area of the
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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
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No. 200, Sponsored by Sen. Marcos) (BTC version)
province and city vote in favor of the ARMM: If the majority of the votes cast Autonomous Region in Muslim Mindanao:
Bangsamoro Basic Law, the respective in the entirety of the ARMM voted in If the majority of the votes cast in the
provinces and cities shall be included in the favor of the approval of this Basic Law, entirety of the Autonomous Region in
Bangsamoro Autonomous Region. the Bangsamoro shall be established Muslim Mindanao voted in favor of the
and all the provinces and cities of the approval of this Basic Law, the
ARMM shall be part of the Bangsamoro Bangsamoro is hereby established and all
Autonomous Region. the provinces and cities of the
Autonomous Region in Muslim Mindanao
shall be part of the Bangsamoro.

2) For the municipalities of Baloi, Munai,


Nunungan, Pantar, Tagoloan, and
Tangkal in the Province of Lanao del
Norte: If the majority of the votes cast in
each of these municipalities vote in favor
of their inclusion in the Bangsamoro, the
respective municipalities shall be
included in the Bangsamoro.

3) For other barangays in the municipalities


of Kabacan, Carmen, Aleosan,
Pigcawayan, Pikit, and Midsayap as
enumerated in Article XV Section 1 (c)
that voted for inclusion in the
Autonomous Region in Muslim Mindanao
during the 2001 plebiscite: If the
majority of the votes cast in each of these

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No. 200, Sponsored by Sen. Marcos) (BTC version)
barangays vote in favor of their inclusion
in the Bangsamoro, the respective
barangays shall be included in the
Bangsamoro.

(b) For the cities of Cotabato and Isabela: If 2) For the Cities of Cotabato and Isabela: 4) For the cities of Cotabato and Isabela: If
the majority of the registered voters in each of If the majority of the votes cast in each the majority of the votes cast in each of
these cities vote in favor of the Basic Law for of these cities vote in favor of their these cities vote in favor of their inclusion
the Bangsamoro Autonomous Region, the inclusion in the Bangsamoro in the Bangsamoro, the respective cities
respective cities shall be included in the Autonomous Region, the respective shall be included in the Bangsamoro.
Bangsamoro Autonomous Region. cities shall be included in the
Bangsamoro Autonomous Region.

(c) For all other contiguous provinces or cities 3) For all other provinces or cities 5) For all other contiguous areas where there
outside the present ARMM, where there is a contiguous and are outside of the is a resolution of the local government
resolution of the province or city or a petition geographical area of the present ARMM unit or a petition of at least ten percent
of at least ten percent (10%) of the registered where, at least two months prior to the (10%) of the registered voters in the
voters in the said local government unit asking conduct of the ratification of the Basic geographic area asking for their inclusion
for their inclusion at least two months prior to Law, there is a resolution of the at least two months prior to the conduct
the conduct of the ratification of the sanggunian of the respective local of the ratification of the Basic Law: If the
Bangsamoro Basic Law: If the majority of the government unit or a petition of at least majority of the votes cast in each of these
registered voters in each of these provinces or ten percent (10%) of the registered local government units vote in favor of
cities vote in favor of the Bangsamoro Basic voters in the geographic area asking for their inclusion in the Bangsamoro, the
Law for the Bangsamoro Autonomous Region, their inclusion in the Bangsamoro respective local government units shall
the respective province or city shall be Autonomous Region: If the majority of be included in the Bangsamoro.
included in the Bangsamoro Autonomous the votes cast in each of these local
Region. government units vote in favor of their

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No. 200, Sponsored by Sen. Marcos) (BTC version)
inclusion in the Bangsamoro
Autonomous Region, the respective
local government units shall be
included in the Bangsamoro
Autonomous Region.

Section 4. Delimitation of the Bangsamoro;


Periodic Plebiscite. - Five years after the
ratification of this Basic Law and every five years
thereafter for a period of 25 years, a plebiscite
shall be held in the cities, municipalities, and
other geographic areas which were not able to
join the Bangsamoro as a result of the plebiscite
mentioned in the three preceding sections, to
determine whether or not they desire to join the
Bangsamoro.

The contiguous provinces, cities, municipalities,


barangays, and other geographic areas
particularly mentioned in the 1976 Tripoli
Agreement and 1996 Final Peace Agreement,
other than those mentioned in the preceding
three sections, may opt to join the Bangsamoro
through the periodic plebiscite mentioned in the
preceding paragraph, provided, that a petition
signed by 10 percent of the registered voters or a
resolution of the local government units of each

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province, city, municipalit,y or other contiguous
geographic area opting to join is submitted to
their respective election offices at least one (1)
year prior to the scheduled plebiscite.

If the majority of the votes cast in each of the


provinces, cities, municipalities, and other
contiguous areas participating in the periodic
plebiscite voted in favor of joining the
Bangsamoro, they shall form part of the
Bangsamoro.

At the end of the 25th year, the Bangsamoro


shall have been delineated and delimited, no
other plebiscite for expansion shall be held,
except those allowed under expressed provision
of law or by command of the Constitution.

Section 5. Reconstitution of Local


Government Units. – The Bangsamoro
Parliament, may, by law, provide for the
constitution of geographic areas in the
Bangsamoro into appropriate territorial or
political subdivisions depending on the results of
any of the plebiscites herein. Nothing herein
shall be construed to allow the Bangsamoro
Parliament to create congressional districts.

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No. 200, Sponsored by Sen. Marcos) (BTC version)

SEC. 188. Plebiscite Question. – The question SEC. 216. Plebiscite Questions. – The Section 6. Plebiscite Questions. The questions
to be asked of the voters in the plebiscite shall questions to be asked of the voters in the to be asked of the voters in the plebiscite shall
be as follows: “Do you approve of the Basic plebiscite shall be as follows: be as follows:
Law for the Bangsamoro Autonomous Region?”
1) For the ARMM: Do you approve of the 1) For the Autonomous Region in Muslim
Bangsamoro Autonomous Region Basic Mindanao: Do you approve of the
Law? Bangsamoro Basic Law?

2) For the areas mentioned in (2), and (3), 2) For the areas mentioned in (b), (c), (d), and
of Section 214: Do you vote for the (e) of Article XV, Section 3: Do you vote for
inclusion of your city, municipality or the inclusion of your city, municipality or
barangay in the Bangsamoro territory? barangay in the Bangsamoro territory?

Aside from English and Filipino, these Aside from English and Filipino, these questions
questions shall be in the dominant languages shall be in the dominant languages of the people
of the people in the areas which shall be in the areas which shall be covered by the
covered by the plebiscite. plebiscite.
SEC. 189. Plebiscite Monitoring. – The SEC. 217. Plebiscite Monitoring. – The Section 7. Plebiscite Monitoring. – The
COMELEC shall also provide for the COMELEC shall provide for the accreditation COMELEC shall also provide for the
accreditation of plebiscite monitors, including of plebiscite monitors, including the accreditation of plebiscite monitors, including
the international-domestic monitoring body international-domestic monitoring body the international-domestic monitoring body
created by the GPH and the MILF negotiating created by the Government of the Republic of created by the GPH and the MILF peace panels,
panels, in accordance with established the Philippines (GPH) and the MILF peace in accordance with established international
international standards on election panels, in accordance with established standards on election monitoring. The
monitoring. The monitoring body shall have international standards on election monitoring body will have access to all
access to all operations related to the conduct monitoring. The monitoring body will have operations related to the conduct of the

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No. 200, Sponsored by Sen. Marcos) (BTC version)
of the plebiscite and be able to conduct access to all operations related to the conduct plebiscite and be able to conduct regular and
regular and random checks. The reports of the of the plebiscite and be able to conduct regular random checks. The reports of the international-
monitoring body shall be made available to the and random checks. The reports of the domestic monitoring body shall be made
panels for their disposition. international-domestic monitoring body shall available to the Panels for their disposition.
be made available to the panels for their
disposition.

SEC. 190. Registered Voters. – All registered SEC. 218. Qualified Voters. – All registered Section 8. Qualified Voters. – All registered
voters in the provinces and cities mentioned in voters in the provinces and cities mentioned voters in the provinces, cities, and geographical
Section 184 hereof shall be qualified to under Section 213, shall be qualified to areas mentioned under Article XV, Section 1,
participate in the plebiscite on the participate in the plebiscite on the shall be qualified to participate in the plebiscite
establishment of the Bangsamoro establishment of the Bangsamoro Autonomous on the establishment of the Bangsamoro.
Autonomous Region. Notwithstanding Region. Notwithstanding existing laws, rules, Notwithstanding existing laws, rules, and
existing laws, rules, and regulations on and regulations on overseas and local regulations on overseas and local absentee
overseas and local absentee voters, the absentee voters, COMELEC shall ensure that voters, the COMELEC shall ensure that qualified
COMELEC shall ensure that qualified voters qualified voters for the plebiscite who are voters for the plebiscite who are located outside
for the plebiscite who are located outside the located outside the Bangsamoro Autonomous the Bangsamoro on the date of the plebiscite
Bangsamoro Autonomous Region on the date Region on the date of the plebiscite shall be shall be given the opportunity to vote, and that
of the plebiscite shall be given the opportunity given the opportunity to vote, and that voters voters who are currently registered outside the
to vote. Voters who are currently registered who are currently registered outside the areas areas specified but are otherwise qualified to be
outside the areas specified but are otherwise specified but are otherwise qualified to be registered voters of the areas, complying with
qualified to be registered voters of the areas registered voters of the areas, complying with residency requirements under the law, shall be
and are likewise compliant with residency residency requirements under the law, shall be given the opportunity to transfer their
requirements under law, shall be given the given the opportunity to transfer their registration accordingly, in time for the conduct
opportunity to transfer their registration registration accordingly, in time for the of the plebiscite.
accordingly, in time for the conduct of the conduct of the plebiscite.
plebiscite.

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No. 200, Sponsored by Sen. Marcos) (BTC version)

The COMELEC shall promulgate rules


necessary for the conduct of plebiscite,
including those for the accreditation of
plebiscite monitors and voluntary inclusion in
the plebiscite as provided herein, within thirty
(30) days from the effectivity of this Basic Law,
with the primary objective of optimizing the
opportunity for participation in the plebiscite
of qualified voters in the areas specified for the
creation of the Bangsamoro Autonomous
Region.

SEC. 219. Special Registration. – The Section 9. Special Registration. – The


COMELEC shall conduct a special registration COMELEC shall conduct a special registration
before the date of the plebiscite on the before the date of the plebiscite on the
Bangsamoro Basic Law. Bangsamoro Basic Law.

SEC. 220. Promulgation of Rules for the Section 10. Promulgation of Rules for the
Conduct of Plebiscite. – The COMELEC shall Conduct of Plebiscite. – The COMELEC shall
promulgate rules necessary for the conduct of promulgate rules necessary for the conduct of
plebiscite, including those for the accreditation plebiscite, including those for the accreditation
of plebiscite monitors, voluntary inclusion in of plebiscite monitors, voluntary inclusion in the
the plebiscite, and the special registration of plebiscite, and the special registration of voters
voters as provided herein, within fifteen (15) as provided herein, within fifteen (15) days from
days from the effectivity of this Basic Law, the effectivity of this Basic Law, with the primary
with the primary objective of optimizing the objective of optimizing the opportunity for

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No. 200, Sponsored by Sen. Marcos) (BTC version)
opportunity for participation in the plebiscite participation in the plebiscite of qualified voters
of qualified voters in the areas specified for the in the areas specified for the establishment of
establishment of the Bangsamoro Autonomous the Bangsamoro.
Region.

SEC. 191. Information Campaigns. – The SEC. 221. Information Campaigns. – The Section 11. Information Campaigns. – The
COMELEC shall supervise the conduct of COMELEC shall supervise the conduct of Commission on Elections, shall supervise the
information campaigns on the plebiscite, information campaigns on the plebiscite, conduct of information campaigns on the
including sectoral campaigns for indigenous including sectoral campaigns for indigenous plebiscite, including sectoral campaigns for
communities, women, youth, religious, communities, women, youth, religious, indigenous communities, women, youth,
professionals and public and private sector professionals, and public and private sector religious, professionals and public and private
employees, in every municipality, city, and employees, in every municipality, city, and sector employees, in every barangay,
province where the plebiscite is held. province where the plebiscite is to be municipality, city, and province where the
conducted. plebiscite is to be conducted.
Public conferences, assemblies, or meetings Public conferences, assemblies, or Public conferences, assemblies, or meetings on
on dates before the plebiscite day itself shall meetings on dates before the plebiscite day dates before the plebiscite day itself shall be
be held to inform the inhabitants thereof itself shall be held to inform the residents held to inform the residents thereof regarding
regarding the significance and meaning of the thereof regarding the significance and meaning the significance and meaning of the plebiscite
plebiscite and to help them to cast their votes of the plebiscite and to help them to cast their and to help them to cast their votes intelligently.
intelligently. Free, full, and constructive votes intelligently. Free, full, and constructive Free, full, and constructive discussion and
discussion and exchange of views on the discussion and exchange of views on the exchange of views on the issues shall be
issues shall be encouraged. issues shall be encouraged. encouraged.

For this purpose, the assistance of persons of For this purpose, the Bangsamoro For this purpose, the BTC shall assist in the
known probity and knowledge may be enlisted Transition Committee shall assist in the information dissemination campaign. Likewise
by the COMELEC, the local government units information dissemination campaign. the assistance of persons of known probity and
or interested parties to act as speakers or Likewise, the assistance of persons of known knowledge may be enlisted by the Commission

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resource persons. probity and knowledge may be enlisted by the on Elections, the local government units or
COMELEC, the local government units, or interested parties to act as speakers or resource
interested parties to act as speakers or persons.
resource persons.

Such campaign shall be without prejudice to Such campaign will be without prejudice Such campaign will be without prejudice to
other information dissemination and public to other information dissemination and public other information dissemination and public
advocacy initiatives by the other government advocacy initiatives by the other government advocacy initiatives by the other government or
or non-government groups or individuals. or non-government groups or individuals. non-government groups or individuals.

For information campaigns and other public For information campaigns and other public
advocacy initiatives with indigenous advocacy initiatives with indigenous
communities, local leaders shall be engaged to For information campaigns and other communities, local leaders shall be engaged to
lead discussions in their respective public advocacy initiatives with indigenous lead discussions in their respective
communities. communities, local leaders shall be engaged to communities.
lead discussions in their respective
communities.

Public advocacy initiatives shall be conducted Public advocacy initiatives shall be Public advocacy initiatives shall be conducted
within the framework of solidarity, conducted within the framework of solidarity, within the framework of solidarity, cooperation,
cooperation, and unity among Moro, Non- cooperation, and unity among Bangsamoro, and unity among Bangsamoro, non-Moro
Moro, indigenous, and settler communities. Non-Moro indigenous peoples, and settler indigenous peoples, and settler communities.
Consultations shall give due respect to the communities. Consultations shall give due Consultations shall give due respect to the roles
roles of indigenous and Moro women, and respect to the roles of Non-Moro indigenous of non-Moro indigenous and Moro women, and
encourage their active participation. and Moro women, and encourage their active encourage their active participation.
participation.

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SEC. 192. Appropriation. – A sufficient SEC. 222. Appropriation. – A sufficient Section 12. Appropriation. – A sufficient
amount is hereby appropriated for the amount is hereby appropriated for the amount is hereby appropriated for the
requirements of the conduct of the plebiscite, requirements of the conduct of the plebiscite, requirements of the conduct of the plebiscite,
including the monitoring, information including the monitoring, information including the monitoring, information campaign
campaign. The COMELEC shall determine the campaign, and the registration of voters; and the registration of voters; provided, that the
manner of campaigning and the deputization Provided, That the COMELEC shall determine Commission on Elections shall determine the
of government agencies for the purpose. the manner of campaigning and the manner of campaigning and the deputization of
deputization of government and non- government and non-government agencies for
government agencies for the purpose. the purpose.

SEC. 193. Ratification Of Basic Law. – The


Basic Law for the Bangsamoro Autonomous
Region shall be deemed ratified upon
proclamation of the COMELEC or its duly
authorized officers that a majority of the votes
cast in the plebiscite in the constituent units
are in favor of the creation of the Bangsamoro
Autonomous Region. The fact of ratification
shall be confirmed by the GPH and MILF
negotiating panels.

SEC. 194. Abolition Of The ARMM. – Upon


the ratification of this Basic Law, the
Bangsamoro Autonomous Region shall be
deemed established, and the ARMM shall be
deemed abolished, in accordance with the
provisions of the succeeding Article.
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ARTICLE XV Article XV
TRANSITION PERIOD BANGSAMORO TRANSITION AUTHORITY Article XVI
BANGSAMORO TRANSITION AUTHORITY
SEC. 195. Transition Period. – The transition SEC. 223. Transition Period. – The
or interim period for the establishment of the transition or interim period for the Section 1. Transition Period. – The transition
Bangsamoro Autonomous Region shall establishment of the Bangsamoro Autonomous or interim period for the establishment of the
commence upon ratification of this Basic Law, Region shall commence upon ratification of Bangsamoro shall commence upon ratification of
and shall end upon the dissolution of the this Basic Law. this Basic Law.
Bangsamoro Transition Authority (BTA), as
provided under this Article. The Basic Law shall be deemed ratified The law shall be deemed ratified when approved
upon proclamation by the COMELEC or its by a majority votes cast in a plebiscite as
duly authorized officers that a majority of the proclaimed by the Commission on Election, or
votes cast in the plebiscite in the constituent its duly authorized officers, that a majority of
units are in favor of the establishment of the the votes cast in the plebiscite in the constituent
Bangsamoro Autonomous Region. The fact of units are in favor of the establishment of the
ratification shall be confirmed by the GPH and Bangsamoro. The fact of ratification shall be
MILF peace panels. confirmed by the GPH and MILF peace panels.

The transition period shall end upon the Transition period shall end upon the dissolution
dissolution of the Bangsamoro Transition of the Bangsamoro Transition Authority, as
Authority, as provided in this Basic Law. provided in this Basic Law.

The period of transition herein defined shall be The transition period herein defined The period of transition herein defined shall be
without prejudice to the initiation or shall be without prejudice to the initiation or without prejudice to the initiation or
continuation of other measures that may be continuation of other measures that may be continuation of other measures that may be
required by post-conflict transition and required by post-conflict transition and required by post-conflict transition and
normalization even beyond the term of the normalization even beyond the term of the normalization even beyond the term of the BTA.

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BTA. Bangsamoro Transition Authority.

The Council of Leaders as provided in Section


27 hereof shall also be organized during the
transition period.

SEC. 196. Bangsamoro Transition Authority. – SEC. 224. Bangsamoro Transition Section 2. Bangsamoro Transition Authority.
There is hereby created a Bangsamoro Authority. – There is hereby created a – There is hereby created a Bangsamoro
Transition Authority (BTA) which shall be the Bangsamoro Transition Authority (BTA) which Transition Authority (BTA) which shall be the
interim government or the governing body in shall be the interim government or the interim government or the governing body in the
the Bangsamoro Autonomous Region during governing body in the Bangsamoro Bangsamoro during the transition period. The
the transition period. Autonomous Region during the transition Moro Islamic Liberation Front (MILF), being the
period. The Moro Islamic Liberation Front principal party to the Comprehensive Agreement
(MILF), being the principal party to the on the Bangsamoro, shall lead the BTA, in its
Comprehensive Agreement on the leadership and membership.
Bangsamoro, shall lead the BTA, in its
leadership and membership.

The BTA shall be composed of sixty (60) The BTA shall be composed of eighty The BTA shall be composed of eighty (80)
members. The BTA shall be composed of all (80) members, all of whom shall be appointed members, all of whom shall be appointed by the
the incumbent members of the ARMM by the President; Provided, That Non-Moro President; Provided that, non-Moro indigenous
Regional Legislative Assembly who shall serve indigenous communities, youth, women, communities, youth, women, settler
in the BTA until the expiration of their term. settler communities, traditional leaders, and communities, traditional leaders, and other
The rest of the BTA members shall be other sectors shall have representatives in the sectors shall have representatives in the BTA.
appointed by the President from a list of BTA. Nominations may be submitted to the Nominations may be submitted to the office of
nominees that shall be inclusive and Office of the President for this purpose. the President for this purpose.
representative of other essential stakeholders

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in the Bangsamoro Autonomous Region, such
as but not limited to the Moro National The Council of Leaders as provided in The Council of Leaders as provided in Article VI,
Liberation Front (MNLF), Non-Moro Article VI, Section 26, shall also be organized Section 5, shall also be organized during the
inhabitants, and other important sectors of during the transition period. transition period.
the Bangsamoro Autonomous Region,
including women groups, settler communities
and the like.

The MILF, being the principal party to the


Comprehensive Agreement on the
Bangsamoro, shall enjoy preference in the
appointment to the BTA, both in its leadership
and membership.

Immediately upon the ratification of this Basic


Law, the names of the nominees to the BTA
shall be submitted to the Office of the
President.

SEC. 197. Powers And Authorities. – SEC. 225. Powers and Authorities. – Section 3. Powers and Authorities. –
Legislative and executive powers in the Legislative and executive powers of the Legislative and executive powers in the
Bangsamoro Regional Government during Bangsamoro Autonomous Region during the Bangsamoro during transition shall be vested in
transition shall be vested in the BTA as herein transition period shall be vested in the BTA. the BTA. During the transition period, executive
provided. Executive authority shall be During the transition period, executive authority shall be exercised by the interim Chief
exercised by the interim Chief Minister to be authority shall be exercised by the interim Minister, who shall be appointed by the
appointed by the President from among the Chief Minister, who shall be appointed by the President as such, while legislative authority
members of the BTA, while legislative President, while legislative authority shall be shall be exercised by the BTA.

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authority shall be exercised by the BTA. exercised by the BTA.

All devolved authorities shall be vested in the All powers and functions of the All powers and functions of the Bangsamoro
BTA during the transition period. Bangsamoro Regional Government, as Government as provided in this law is vested in
The BTA shall be deemed as the Bangsamoro provided in this Basic Law shall be vested in the BTA during the transition period.
Regional Government for the duration of the the BTA during the transition period.
transition period.
For purposes of mechanisms for For purposes of mechanisms for
intergovernmental relations with the National intergovernmental relations with the Central
Government and local governments units in Government and local governments units in the
the Bangsamoro Autonomous Region, the BTA Bangsamoro, the BTA shall be deemed as the
shall be deemed as the Bangsamoro Regional Bangsamoro Government for the duration of the
Government for the duration of the transition transition period.
period.

SEC. 198. Functions And Priorities. – The SEC. 226. Functions and Priorities. –The Section 4. Functions and Priorities –The BTA
BTA shall ensure the accomplishment of the BTA shall ensure the accomplishment of the shall ensure the accomplishment of the following
following priorities during the transition following priorities during the transition priorities during the transition period:
period: period:
1) Enactment of priority legislations such as
a. Organization of the bureaucracy of the 1) Organization of the bureaucracy of the the Bangsamoro Administrative Code, the
Bangsamoro Regional Government during Bangsamoro Regional Government Bangsamoro Revenue Code, the
transition, including the approval and during transition, including the Bangsamoro Electoral Code, Bangsamoro
implementation of a transition plan, and the approval and implementation of a Local Government Code, and
institution of a placement process for hiring of transition plan, and the institution of a Bangsamoro Education Code consistent
personnel during transition. This shall also placement process for hiring of with powers and prerogatives vested in
include the setting up of offices and other personnel during transition. This shall the Bangsamoro Government by this

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institutions necessary for the continued also include the setting up of offices Basic Law; Provided that, until the
functioning of government and delivery of and other institutions necessary for the abovementioned laws are enacted for the
social services in the region, as well as those continued functioning of government Bangsamoro, Muslim Mindanao
necessary for the smooth operations of the and delivery of social services in the Autonomy Act No. 25 or the Autonomous
first elected Bangsamoro Regional region, as well as, those necessary for Region in Muslim Mindanao Local
Government; the smooth operations of the first Government Code, and subsisting laws
elected Bangsamoro Regional on elections and other electoral matters
Government; shall apply in the Bangsamoro.
b. Phase-out of the ARMM, transfer of powers
and properties of the ARMM Regional The BTA may also enact a Bangsamoro
Government to the Bangsamoro Regional Civil Service Code, as provided in this
Government, and the disposition of personnel, Basic Law. In the absence of the latter,
as provided in this Basic Law; and national civil service laws and regulations
are primarily applicable in the
c. Other matters that may be necessary for the Bangsamoro;
transition from the ARMM Regional The BTA shall have the power to enact a
Government to the Bangsamoro Regional law to recognize, protect, promote, and
Government, as provided in this Basic Law. preserve the rights of the indigenous
peoples in the Bangsamoro. Until such
law is enacted and passed, subsisting
laws on indigenous peoples in the
Bangsamoro shall be operational.

These rights shall be promoted,


protected, and enforced by the Ministry
of Indigenous People’s Affairs, as
provided under Article XVI, Section 8.

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2) Organization of the bureaucracy of the


Bangsamoro Government during
transition, including the approval and
implementation of a transition plan, and
the institution of a placement process for
hiring of personnel during transition.
This shall also include the setting up of
offices and other institutions necessary
for the continued functioning of
government and delivery of social
services in the region, as well as, those
necessary for the smooth operations of
the first elected Bangsamoro Government
in 2022;

3) Full transfer of powers and properties of


the ARMM Regional Government to the
Bangsamoro Government, and the
disposition of personnel, as provided in
this Basic Law;

2) Transition from the ARMM to the 4) Transition from the ARMM Regional
Bangsamoro Regional Government and Government to the Bangsamoro
full transfer of powers and properties of Government, as provided in this Basic
the ARMM to the Bangsamoro Regional Law; and
Government, and the disposition of

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No. 200, Sponsored by Sen. Marcos) (BTC version)
personnel, as provided in this Basic 5) Other matters that may be necessary for
Law; the protection and promotion of general
welfare of the constituents of the
3) Enactment of priority legislations such Bangsamoro.
as the Bangsamoro Autonomous
Region Administrative Code, the
Bangsamoro Autonomous Region
Revenue Code, the Bangsamoro
Autonomous Region Electoral Code,
Bangsamoro Local Government Code,
and Bangsamoro Autonomous Region
Education Code consistent with powers
and prerogatives vested in the
Bangsamoro Government by this Basic
Law; Provided, That until the
abovementioned laws are enacted for
the Bangsamoro Autonomous Region,
Muslim Mindanao Autonomy Act No.
25 or the ARMM Local Government
Code, and subsisting laws on elections
and other electoral matters shall apply
in the Bangsamoro.

4) Other matters that may be necessary


for the protection and promotion of
general welfare of the constituents of
the Bangsamoro Autonomous Region.

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No. 200, Sponsored by Sen. Marcos) (BTC version)
SEC. 227. Continuity of Government. – To Section 5. Continuity of Government – To
foreclose any political interregnum in the foreclose any political interregnum in the
governance of the region, the Bangsamoro governance of the region, the Bangsamoro
Transition Commission (BTC), an independent Transition Commission (BTC), an independent
body created by virtue of Executive Order No. body created by E.O. 08, shall continue to exist
08, series of 2016 shall continue to exist to to wind up and caretake the administration of
wind-up its affairs and attend to the the region until the Bangsamoro Transition
administration of the Region until the BTA is Authority (BTA) is constituted.
constituted.

SEC. 199. Transition Plan. – Within the first SEC. 228. Transition Plan. – Within the first Section 6. Transition Plan. – Within the first
sixty (60) days of the transition period, the sixty (60) days of the transition period, the sixty (60) days of the transition period, the
interim Chief Minister shall submit to the BTA interim Chief Minister shall submit to the BTA interim Chief Minister shall submit to the BTA a
a transition plan that shall contain the a transition plan that shall contain the transition plan that shall contain the proposed
proposed organizational plan, the gradual proposed organizational plan, as well as, the organizational plan, as well as, the schedule for
phase-out of the ARMM, including the schedule for implementation therefor. The BTA implementation therefor. The BTA shall, by a
schedules and timeline therefor. The proposed shall, by a majority vote of all its members, majority vote of all its members, approve or
transition plan shall be approved by the BTA approve or otherwise act on the proposed otherwise act on the proposed transition plan
within ten (10) days upon submission by the transition plan within ten (10) days from within ten (10) days upon submission by the
interim Chief Minister, and shall be submission by the interim Chief Minister. If interim Chief Minister. If the plan is not acted
implemented within fifteen (15) days from its the plan is not acted upon within sixty (60) within 60 days, the plan shall be deemed
approval. days, the plan shall be deemed approved. It approved. It shall be implemented within fifteen
shall be implemented within fifteen (15) days (15) days from its approval.
from its approval.

SEC. 200. Interim Officers. – The interim SEC. 229. Interim Officers. – The interim Section 7. Interim Officers. – The interim Chief
Chief Minister shall organize the interim Chief Minister shall organize the interim Minister shall organize the interim Cabinet and
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Cabinet and shall appoint an interim Deputy Cabinet and shall appoint two interim Deputy shall appoint two interim Deputy Chief
Chief Minister, who shall also be a member of Chief Ministers, who shall also be members of Ministers, who shall also be members of the
the BTA. The interim Chief Minister shall also the BTA. The interim Chief Minister shall also BTA. The interim Chief Minister shall also
appoint such other ministers as may be appoint such other ministers as may be appoint such other ministers as may be
necessary to perform the functions of necessary to perform the functions of necessary to perform the functions of
government during transition, a majority of government during transition period, a government during transition, a majority of
whom shall be from among members of the majority of whom shall be from among whom shall be from among members of the BTA.
BTA. members of the BTA.

Members of the BTA who are appointed to Members of the BTA who are appointed Members of the BTA who are appointed to
cabinet positions shall serve their offices to cabinet positions shall serve their offices cabinet positions shall serve their offices
concurrently: Provided, That no member of the concurrently; Provided, That no member of the concurrently; Provided that, no member of the
BTA may be appointed or elected to, or BTA may hold more than two (2) positions at BTA may be appointed, elected or otherwise hold
otherwise hold more than two (2) positions at the same time. more than two (2) positions at the same time.
the same time.

Any appointment made during the transition


period shall be temporary and co-terminus
with the BTA.

SEC. 201. Interim Cabinet. – The interim SEC. 230. Interim Cabinet. - The Section 8. Interim Cabinet. - The Interim
Cabinet shall be composed of ten (10) primary Interim Cabinet shall be composed of fifteen Cabinet shall be composed of fifteen (15)
offices with sub-offices for matters covered and (15) primary ministries with sub-offices, primary ministries with sub-offices, namely:
priority ministries, namely: namely:

a. Governance, in charge of budget and 1) Finance, and Budget and Management; 1) Finance, and Budget and Management;
finance, accountability, and such similar

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or related matters;

b. Social services, in charge of social 2) Social Services; 2) Social Services;


welfare, and such similar or related
matters; 3) Trade, Investments, and Tourism; 3) Trade, Investments, and Tourism;

4) Labor and Employment; 4) Labor and Employment;

c. Development, in charge of transportation 5) Transportation and Communication; 5) Transportation and Communication


and communications, regional [including Information and
investments, trade and industry, Communications Technology (ICT)];
agriculture, forestry and environment,
urban and rural development, and such
similar or related matters;
6) Education, Commission on Higher
d. Education; 6) Education; Education (CHED), and Technical
e. Public order and safety; Education and Skills Development
f. Indigenous peoples affairs; 7) Indigenous Peoples’ Affairs; Authority (TESDA);
g. Health;
h. Public works; 7) Indigenous Peoples’ Affairs;
i. Local government; and 8) Health;
j. Finance. 8) Health;
9) Public Works;
9) Public Works;

10) Local Government; 10) Local Government;

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11) Environment, Natural Resources, and 11) Environment, Natural Resources, and
Energy; Energy;

12) Human Settlements and Development; 12) Human Settlements and Development;

13) Science and Technology; 13) Science and Technology;

14) Agriculture, Fisheries, and Agrarian 14) Agriculture, Fisheries, and Agrarian
Reform; and Reform; and

15) Public Order and Safety. 15) Public Order and Safety.

The BTA may empower the interim Chief Other offices on youth, women, settler Other offices on youth, women, settler
Minister to create other ministries and primary communities, disaster risk reduction and communities, disaster risk reduction and
offices, upon a determination of the majority of management, and planning and development, management, and planning and development,
its members that the same is necessary for among others, may be created by the BTA. among others, may be created by the
achieving the twin goals of continuity of social Bangsamoro Transition Authority.
services and transitioning to the regular
Bangsamoro Regional Government. The Attorney General’s Office, under the Office
of the Chief Minister, shall likewise be created
by the BTA.

SEC. 202. Organization Of The Bureaucracy. SEC. 231. Organization of the Section 9. Organization of the Bureaucracy. –
– The authority of the BTA to create offices and Bureaucracy. – The authority of the BTA to The authority of the BTA to create offices and
organize the bureaucracy during transition is crea1e offices and organize the bureaucracy organize the bureaucracy during transition is
without prejudice to the authority of the during transition shall be without prejudice to without prejudice to the authority of the

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Bangsamoro Regional Government to the authority of the Bangsamoro Regional Bangsamoro Government to reorganize the
reorganize the bureaucracy upon its Government to reorganize the bureaucracy bureaucracy upon its constitution, or any time
constitution, or any time thereafter. In the upon its constitution, or any time thereafter. thereafter. In the exercise of this authority, the
exercise of this authority, the BTA shall ensure BTA shall ensure the least possible disruption to
the least possible disruption to the functioning the functioning of government and the delivery
of government and the continuous delivery of of services in the region.
services in the region, during and after the
transition period.

All offices and institutions created by laws All offices and institutions created by All offices and institutions created by laws
enacted by the ARMM Regional Legislative laws enacted by the Regional Legislative enacted by the Regional Legislative Assembly of
Assembly shall be deemed part of the ARMM Assembly of the ARMM shall be deemed part of the Autonomous Region in Muslim Mindanao
Government and shall be subject to the phase- the ARMM and shall be subject to the phase shall be deemed part of the ARMM Regional
out plan that will be adopted by the BTA. out plan that will be adopted by the BTA. Government and shall be subject to the phase
out plan that will be adopted by the BTA.

SEC. 203. Transfer Of Powers And Properties SEC. 232. Transfer of Powers and Section 10. Transfer of Powers and Properties
And Disposition Of Personnel. – All powers, Properties and Disposition of Personnel. – and Disposition of Personnel. – All powers,
functions, assets, capital, receivables, All powers, functions, assets, capital, records, functions, assets, capital, records, funds,
equipment and facilities of the ARMM Regional funds, receivables, equipment, and facilities of receivables, equipment, and facilities of the
Government at the time of the ratification of the ARMM at the time of the ratification of this ARMM Regional Government at the time of the
this Basic Law shall be transferred to the Basic Law shall be transferred to the ratification of this Basic Law shall be transferred
Bangsamoro Regional Government. Bangsamoro Regional Government. to the Bangsamoro Government.

However, all lands and permanent buildings or The BTA shall schedule the gradual The BTA shall schedule the gradual phasing out
structures owned by or belonging to the phasing out of offices of the ARMM, which are of offices of the Autonomous Region in Muslim

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ARMM Regional Government located in the deemed abolished upon the ratification of this Mindanao, which are deemed abolished upon
provinces and cities not forming part of ARMM Basic Law. In consideration of public interest the ratification of this Basic Law. In
and not purchased by the National and the delivery of services, officials holding consideration of public interest and the delivery
Government, as mandated by Article XVIII, appointive positions shall continue to perform of services, officials holding appointive positions
Section 1 of RA 9054, shall be turned over, their functions in accordance with the shall continue to perform their functions in
delivered and entrusted by the ARMM Regional schedule. accordance with the schedule.
Government to the National Government
immediately upon effectivity of this Basic Law.
Within three (3) months thereafter, the
National Government shall acquire and pay for
all of said properties, with the proceeds thereof
to be directly remitted to the Bangsamoro
Regional Government upon ratification of this
Basic Law. The acquisition price shall be
determined by a Special Valuation Committee
to be composed of: a) the Executive Secretary,
as chairman; b) the Secretary of Budget and
Management; c) the ARMM Regional Governor;
d) the Chairman of the House Ad Hoc
Committee on the Bangsamoro Basic Law; and
e) the Chairman of the Senate Committee on
Local Government. Any dispute on the price of
the said properties may be elevated to the
President of the Philippines, who shall decide
thereon with finality within three (3) months
from receipt of the appeal.

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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
The National Government shall within three (3)
months from its acquisition of said lands,
buildings and structures sell, transfer and
convey the said properties to the local
government unit having territorial jurisdiction
over the same and willing to purchase such
properties or portions thereof, at a price to be
agreed upon by the National Government and
the local government unit concerned.

The BTA shall schedule the gradual phasing


out of offices of the ARMM, which are deemed
abolished upon the ratification of the
Bangsamoro Basic Law. In consideration of
public interest and the delivery of services,
officials holding appointive positions shall
continue to perform their functions in
accordance with the schedule.

The National Government shall provide the The Central Government shall provide the
necessary funds for the benefits and necessary funds for the benefits and
entitlements of affected employees in the entitlements of affected employees in the
ARMM, as provided under Section 204 hereof. Autonomous Region in Muslim Mindanao.

The BTA shall institute an independent,


strictly merit-based and credible placement
and hiring process for all offices, agencies and

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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
institutions in the Bangsamoro Autonomous
Region, and shall consider gender and ethnic
balance.

An inventory will be conducted to ensure that An inventory will be conducted by an inter-


the liabilities of the ARMM under law, agency headed by the Office of the President,
contracts or others will be settled prior to the Department of Budget and Management,
turnover to the BTA. Commission on Audit, and Civil Service
Commission, to ensure that the liabilities of the
Autonomous Region in Muslim Mindanao under
law, contracts or others will be settled by the
Central Government prior to the turnover to the
BTA.

For this purpose, the Office of the Regional The Office of the Regional Governor of the For this purpose, the Office of the Regional
Governor of the ARMM shall turn over to the ARMM shall turnover to the BTA, upon the Governor of the Autonomous Region in Muslim
BTA upon the latter's creation a summary latter's constitution, a summary report on the Mindanao shall turnover to the BTA, upon the
report on the status of the Regional status of the ARMM as of the date of the latter's constitution, a summary report on the
Government as of the date of the ratification of ratification of this Basic Law, including status of the Regional Government as of the date
this Basic Law, including information on the information on the status of devolution, of the ratification of this Basic Law, including
status of devolution, personnel, properties and personnel, properties, and assets and information on the status of devolution,
assets of the Regional Government. liabilities of the ARMM. personnel, properties, and assets of the Regional
Government.

Employees separated from the service as a Employees separated from the service as a result
result of the abolition of the ARMM under the of the abolition of the Autonomous Region in
provisions of this Basic Law shall be entitled Muslim Mindanao under the provisions of this

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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
to the following applicable separation pay: ½ Act shall within two (2) months from the date of
of the actual monthly basic salary for every their separation, receive separation pay
year of government service, for those who have equivalent to three (3) month’s salary per year of
rendered less than eleven (11) years of service; service. In addition, those who are qualified to
¾ of the actual monthly basic salary for every retire from the service shall be entitled to the
year of government service, computed starting benefits provided under existing retirement laws.
from the first year, for those who have
rendered eleven (11) to less than twenty-one
(21) years of service; and the actual monthly
basic salary for every year of government
service, computed starting from the first year,
for those who have rendered twenty-one (21)
years or more of service.

A minimum of five (5) years of


government service is required in order for
affected personnel to be entitled to separation
pay under this Basic Law.

In addition, those who are qualified to


retire from the service shall be entitled to the
benefits provided under existing retirement
laws.

Qualified employees may reapply subject Qualified employees may reapply subject to
to qualification standard that may be set by qualification standard that may be set by the
the BTA and CSC rules and regulations. Bangsamoro Transition Authority and CSC rules

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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
and regulations.
The National Government shall provide
the necessary funds for the benefits and
entitlements of affected employees in the
ARMM.

The BTA shall institute an independent, The BTA shall institute an independent, strictly
strictly merit-based, and credible placement merit-based and credible placement and hiring
and hiring process for all offices, agencies, and process for all offices, agencies, and institutions
institutions in the Bangsamoro Autonomous in the Bangsamoro, and shall consider gender
Region, and shall consider gender and ethnic and ethnic balance.
balance.

SEC. 204. Disposition Of Personnel And Section 11. Disposition of Personnel and
Assets Of National Government Agencies And Assets of Central Government
Offices. – In accordance with the subsequent Offices/Agencies. – The Central Government
section, the National Government shall provide shall provide for the disposition of personnel of
for the disposition of personnel of National Central Government or National GOCCs whose
Government agencies and offices whose mandate and functions are transferred to or now
mandate and functions are transferred to or vested in the Bangsamoro Government by virtue
now vested in the Bangsamoro Regional of this Basic Law. Properties and assets shall be
Government by virtue of this Basic Law. transferred to the Bangsamoro Government
Properties and assets shall be transferred to within three (3) months from the organization of
the Bangsamoro Regional Government within the BTA. The transfer of properties and assets is
six (6) weeks from the organization of the BTA. without prejudice to the power of the BTA to

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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
The transfer of properties and assets is organize the bureaucracy during transition.
without prejudice to the power of the BTA to
organize the bureaucracy during transition
period.

SEC. 205. Protection of Security Of Tenure As


A Consequence Of Government Reorganization
– The reorganization of the bureaucracy as a
consequence of the establishment of the
Bangsamoro Regional Government and the
consequent disposition of the affected
personnel of the National Government and the
ARMM Regional Government shall comply with
the provisions of RA 6656, otherwise known as
the “Act to Protect the Security of Tenure of
Civil Service Officers And Employees in the
Implementation of Government
Reorganization”.

SEC. 206. Interruption In Length Of Service. –


The gap in the length of service by reason of
involuntary separation of an employee as a
consequence of the reorganization of the
Bangsamoro Regional Government shall not
interrupt the continuity of the employee’s
service.

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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
Employees who were involuntarily separated
as a consequence of the reorganization but
who are subsequently absorbed or rehired by
the regular Bangsamoro Regional Government
shall retain their seniority rights,
compensation levels, and other benefits.

SEC. 207. Dissolution Of The BTA. – SEC. 233. Dissolution of the BTA. – Section 12. Dissolution of the BTA. –
Immediately upon the qualification of the Immediately upon the qualification of the Immediately upon the qualification of the elected
elected Chief Minister under the first elected Chief Minister under the first Chief Minister under the first Bangsamoro
Bangsamoro Parliament, the BTA shall be Bangsamoro Parliament, the BTA shall be Parliament, the Bangsamoro Transition
deemed dissolved. deemed dissolved. Authority shall be deemed dissolved.

The BTA shall submit its final report and The BTA shall submit its final report The BTA shall submit its final report and
recommendations to the Bangsamoro and recommendations to the Bangsamoro recommendations to the Bangsamoro
Parliament, as well as to the House of Parliament, as well as, to the House of Parliament, as well as, to the House of
Representatives and the Senate, on the status Representatives, the Senate, and the Office of Representatives, the Senate, and the Office of
of government during the transition period the President, on the status of government the President, on the status of government
within sixty (60) days from the assumption during the transition period within sixty (60) during the transition period within sixty (60)
into office of all Members of the first days from the assumption into office of all days from the assumption into office of all
Parliament. members of the first Parliament. members of the first Parliament.

SEC. 208. First And Regular Elections. – The SEC. 234. Regular Elections. – The first Section 13. Regular Elections. – The first
first elections for the Bangsamoro Regional regular elections for the Bangsamoro Regional regular elections for the Bangsamoro
Government under this Basic Law shall be Government under this Basic Law shall be Government under this Basic Law shall be held
held within one hundred eighty (180) days held on the first Monday of May 2022. It shall on the first Monday of April 2022. It shall be
after the ratification of the Bangsamoro Basic be governed by the Bangsamoro Autonomous governed by the Bangsamoro Electoral Code.
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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
Law. The next regular elections shall be held Region Electoral Code. The Omnibus Election The National Omnibus Election Code shall apply
on the first Monday of May 2019, and every Code shall apply suppletorily, whenever suppletorily, whenever appropriate. The
three years thereafter. The elections shall be appropriate. The COMELEC, through the Commission on Elections (COMELEC), through
governed by the Omnibus Election Code of the Bangsamoro Autonomous Region Electoral the Bangsamoro Electoral Office, shall
Philippines (Batas Pambansa Blg. 881, as Office, shall promulgate rules and regulations, promulgate rules and regulations, as may be
amended). The COMELEC, through the as may be necessary, for the conduct of said necessary, for the conduct of said elections, and
Bangsamoro Autonomous Region Electoral elections, and enforce and administer the enforce and administer the same, consistent
Office, shall promulgate rules and regulations same, consistent with this Basic Law and the with this Basic Law and the Bangsamoro
as may be necessary for the conduct of said Bangsamoro Autonomous Region Electoral Electoral Code, as correlated with relevant
elections, and enforce and administer the Code. national laws.
same, consistent with this Basic Law, the
Omnibus Election Code, and other relevant
national laws.
SEC. 209. Beginning Of Terms And SEC. 235. Beginning of Terms and Section 14. Initial Funding for Transition. –
Assumption Of Office. – The terms of the Assumption of Office. – The terms of the To carry out the requirements of transition,
Members of the Parliament first elected under Members of the Parliament first elected under
including the organizational activities of the
this Basic Law shall begin at noon of the this Basic Law shall begin at noon of the BTA, organization of the bureaucracy, hiring of
thirtieth (30th) day after the date of elections. thirtieth (30th) day after the date of elections.
personnel, and the exercise of functions and
The Members of the Parliament elected in such powers of the BTA, as provided in this Basic
first elections shall serve until noon of the Law, the amount of One Billion Pesos
thirtieth (30th) of June 2019. (1,000,000,000.00) is hereby appropriated for
the BTA, charged against the General Funds of
In the subsequent regular elections, the In the subsequent regular elections, the the Central Government. In addition, the current
elected Members of the Parliament shall begin elected Members of the Parliament shall begin year's appropriations for the Autonomous
their terms at noon of the thirtieth (30th) of their terms at noon of the thirtieth (30th) of Region in Muslim Mindanao shall also be
June following their election. June following their election. transferred to the BTA for this purpose.
This shall be without prejudice to any

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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
supplemental budget that may be appropriated
by Congress to support the transition.

Government functions falling within the reserved


powers of the Central Government in the
Bangsamoro shall continue to be financed by the
Central Government funds.

SEC. 210. Initial Funding For Transition. – To SEC. 236. Initial Funding for Transition. –
carry out the requirements of transition, To carry out the requirements of transition,
including the organizational activities of the including the organizational activities of the
BTA, organization of the bureaucracy, hiring of BTA, organization of the bureaucracy, hiring of
personnel, and the exercise of functions and personnel, and the exercise of functions and
powers of the BTA, as provided in this Basic powers of the BTA, as provided in this Basic
Law, the amount of One Billion Pesos Law, the amount of One Billion Pesos
(1,000,000,000.00) is hereby appropriated for (₱1,000,000,000.00) shall be appropriated for
the BTA, charged against the general funds of the BTA, charged against the General Funds of
the National Government. In addition, the the National Government. In addition, the
current year's appropriations for the ARMM current year's appropriations for the ARMM
shall also be transferred to the BTA for this shall also be transferred to the BTA for this
purpose. purpose.

This shall be without prejudice to any This shall be without prejudice to any
supplemental budget that may be supplemental budget that may be
appropriated by Congress to support the appropriated by Congress to support the
transition. transition.

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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
Government functions falling within the
reserved powers of the National Government in
the Bangsamoro Autonomous Region shall
continue to be financed by the National
Government.

ARTICLE XVI Article XVI Article XVII


AMENDMENTS AND REVISIONS AMENDMENTS AMENDMENTS AND REVISIONS

SEC. 211. Amendments And Revisions. – All SEC. 237. Amendments. – All proposals Section 1. Amendments and Revisions. – All
proposals to amend or revise the provisions of to amend the provisions of this Basic Law proposals to amend or revise the provisions of
this Basic Law shall be endorsed by the shall be endorsed by the Bangsamoro this Basic Law shall be endorsed by the
Bangsamoro Parliament to Congress for prior Parliament to Congress. Bangsamoro Parliament to Congress for prior
hearings and due enactment into law. hearings and due enactment into law.

Such amendment or revision, as enacted by Such amendment enacted by Congress, Such amendment or revision, as enacted by
Congress, shall become effective upon shall become effective upon approval by a Congress, shall become effective upon approval
approval by a majority vote of qualified voters majority of the votes cast in the Bangsamoro by a majority vote of qualified voters in the
in the Bangsamoro Autonomous Region cast Autonomous Region cast in a plebiscite called Bangsamoro cast in a plebiscite called for the
in a plebiscite called for the purpose. for the purpose. purpose.

The plebiscite shall be held not earlier than The plebiscite shall be held not earlier The plebiscite shall be held not earlier than sixty
sixty (60) days or later than ninety (90) days than sixty (60) days and not later than ninety (60) days or later than ninety days after the
after the approval of such amendment or (90) days after the approval of such approval of such amendment or revision
revision. amendment.

Article XVII Article XVIII


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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
ARTICLE XVII FINAL PROVISIONS FINAL PROVISIONS
FINAL PROVISIONS
SEC. 238. Separability Clause. – The Section 1. Separability Clause. – The
SEC. 212. Separability Clause. – The provisions of this Basic Law are deemed provisions of this Basic Law are deemed
provisions of this Basic Law are deemed separate. If, for any reason, any section or separate. If, for any reason, any section or
separate. If, for any reason, any section or provision of this Basic Law is declared provision of this Basic Law is declared
provision of this Basic Law is declared unconstitutional, other sections or provisions, unconstitutional, other sections or provisions,
unconstitutional, other sections or provisions, which are not affected by such declaration, which are not affected by such declaration, shall
which are not affected by such declaration shall continue to be in full force and effect. continue to be in full force and effect.
shall continue to be in full force and effect.

SEC. 213. Repealing Clause. – RA Nos 9054 SEC. 239. Repealing Clause. – Republic Act Section 2. Repealing Clause. – All laws,
and 6734, as well as all laws, decrees, orders, No. 9054 entitled, “An Act to Strengthen and decrees, orders, rules and regulations, and other
rules and regulations, and other issuances or Expand the Organic Act for the ARMM,” and issuances or parts thereof, which are
parts thereof, which are inconsistent with this Republic Act No. 6734 entitled, “An Act inconsistent with this Basic Law, are hereby
Basic Law, are hereby repealed or modified Providing for an Organic Act for the ARMM” repealed or modified accordingly.
accordingly. are hereby repealed. All laws, decrees, orders,
rules and regulations, and other issuances or
parts thereof, which are inconsistent with this
Basic Law, are hereby repealed or modified
accordingly.
SEC. 214. Subsisting Regional Laws. – All SEC. 240. Subsisting Regional Laws. – All Section 3. Subsisting Regional Laws. – All
subsisting laws enacted by the Regional subsisting laws enacted by the Regional subsisting laws enacted by the Regional
Legislative Assembly of the ARMM by virtue of Legislative Assembly of the ARMM by virtue of Legislative Assembly of the Autonomous Region
authorities provided under RA 6734, as authorities provided under R.A. No. 6734, as Muslim Mindanao by virtue of authorities
amended by RA 9054, shall be deemed in amended by R.A. No. 9054, shall be deemed in provided under Republic Act No. 6734, as
effect, unless inconsistent with this Basic Law effect, unless inconsistent with this Basic Law amended by Republic Act No. 9054, shall be
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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
or subsequently amended or repealed by laws or repealed by laws passed by the Bangsamoro deemed in effect, unless inconsistent with this
passed by the Bangsamoro Parliament. Parliament. Basic Law or repealed by laws passed by the
Bangsamoro.

SEC. 215. Effectivity Clause. – This Basic Law SEC. 241. Effectivity Clause. – This Basic Section 4. Effectivity Clause. – This Basic Law
shall take effect fifteen (15) days following its Law shall take effect fifteen (15) days following shall take effect fifteen (15) days following its
complete publication in at least two (2) its complete publication in the Official Gazette, complete publication in at least two (2) national
national newspapers of general circulation and in at least two (2) national newspapers of newspapers of general circulation and one (1)
one (1) local newspaper of general circulation general circulation, and in one (1) local local newspaper of general circulation in the
in the autonomous region. newspaper of general circulation in the autonomous region.
autonomous region.

SEC. 242. Abolition of the ARMM. – The Section 5. Abolition of the Autonomous
ARMM created under R.A. No. 6734, as Region in Muslim Mindanao. – The
expanded and strengthened by R.A. No. 9054, Autonomous Region in Muslim Mindanao
is hereby abolished. created under Republic Act No. 6734 (Organic
Act of the Autonomous Region in Muslim
Mindanao), as expanded and strengthened by
Republic Act No. 9054, is hereby abolished.
All powers, duties, and rights vested by All powers, duties, and rights vested by law and
law and exercised by the ARMM is hereby exercised by the Autonomous Region in Muslim
transferred to the Bangsamoro Autonomous Mindanao is hereby transferred to the
Region. Bangsamoro.
All assets, real and personal properties, All assets, real and personal properties, funds,
funds, and revenues owned by or vested in the and revenues owned by or vested in the different
different offices of the ARMM are transferred to offices of the Autonomous Region in Muslim

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16TH CONGRESS SENATE BILL NO. 1608 SENATE BILL NO. 1646
(as reported out in the Committee Report By Sen. Pimentel III By Sen. Zubiri
No. 200, Sponsored by Sen. Marcos) (BTC version)
the Bangsamoro Autonomous Region. Mindanao are transferred to the Bangsamoro.
All contracts, records, and documents All contracts, records, and documents relating to
relating to the operations of the ARMM are the operations of the Autonomous Region in
transferred to the Bangsamoro Autonomous Muslim Mindanao are transferred to the
Region. Any real property owned by the Bangsamoro. Any real property owned by the
national government or government-owned national government or government-owned
corporation or authority which is being used corporation or authority which is being used and
and utilized as office or facility by the ARMM utilized as office or facility by the Autonomous
shall be transferred and titled in favor of the Region in Muslim Mindanao shall be transferred
Bangsamoro Autonomous Region. and titled in favor of the Bangsamoro.

Approved, Approved, Approved by:

277

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