Armm….

RA 9054 provided that ARMM "shall remain an integral and inseparable part of the national
territory of the Republic." The President exercised general supervision over the Regional Governor.
The Regional Government had the power to create its own sources of revenues and to levy taxes,
fees, and charges, subject to Constitutional provisions and the provisions of RA 9054. The Sharia
applied only to Muslims; its applications are limited by pertinent constitutional provisions (prohibition
against cruel and unusual punishment).

The ratification of the Bangsamoro Organic Law (BOL) last January 25, 2019 will be the
latest procurement of the administration to attain peace in Mindanao and end their
long-time struggle for independence.

The term Bangsamoro was derived from the Malay word “nation” or “bansa” which
means “nation of the Moro”. These natives and original inhabitants of Mindanao belong
to multiple ethnolinguistic groups made up of Muslims who mostly live in Mindanao,
Sulu, and Basilan. They are those who have retained some or all of their own social,
economic, cultural, and political beliefs and has the right to identify themselves by
ascription or self-ascription.

Bangsamoro people will also have the right of self-determination, which is basically their
collective right to achieve their own political, cultural and economic privilege.

The BOL, now called the Organic Law for the Bangsamoro Autonomous Region in
Muslim Mindanao (OLBARMM), is made to establish a new autonomous political entity
in the Bangsamoro Autonomous Region (BAR). It aims to bring peace by addressing the
grievances, sentiments, and demands of Muslims in the region.

The BAR is a parliamentary-democratic government consists of an executive and a

legislative branch. It will be headed by the regional leader called the Chief Minister, who
will be chosen among members of the Bangsamoro government while its members will
be elected by the people.

The OLBARMM will provide annual block grants and special development funds to be
allotted for the rehabilitation of damaged communities in the Bangsamoro region. The
amount of the block grant is P60 to 70 billion – equivalent to five percent of the net
national internal revenue collection of the Bureau of Internal Revenue and of the Bureau
of Custom.

Under former President Benigno Aquino III, several versions of the proposed BBL were
submitted to Congress, the House Committee and the Senate, but its efforts to pass the
BBL eventually failed.
On the other hand, the latest version of the BBL passed during the Duterte
administration – the OLBARMM – were acceptable to both the government and the
rebel groups.

The recently abolished Autonomous Region on Muslim Mindanao (ARMM) was replaced
by the Bangsamoro Autonomous Region on Muslim Mindanao because some officials
consider it as “failure due to corruption and mismanagement”.

Both ARMM and BARMM include the provinces of Basilan, Lanao del Sur, Maguindanao,
Sulu, and Tawi-Tawi. In the recent plebiscites, which decides the scope of the
autonomous region, a majority of ARMM voters approved the BOL while Lanao del
Norte voted against the inclusion of its six municipalities that wanted to join the
BARMM.

In the ARMM, the Bangsamoro government was under the general supervision of the
President of the Philippines. However, the Bangsamoro government will have an
asymmetrical relationship with the national government, as BARMM will have more
autonomy than other regions in the country.

The autonomous region will have an “Intergovernmental Relations Body” composed of

representatives from both the Bangsamoro government and central government that
will settle the problems on intergovernmental relations. The representatives that would
be authorized to the region are nine reserved powers for the central government, 57
exclusive powers for the Bangsamoro, and 14 concurrent powers for both.

Some matters including budgeting, administration of justice, agriculture, disaster risk

reduction and management, ancestral domains, human rights, local government units,
public works, social services, tourism, and trade and industry are the exclusive powers
the Bangsamoro government will have. While the nine reserved powers of the central
government will retain powers over constitutional and national matters such as foreign
affairs and defense. (PIA InfoComm)

The proposed law would abolish the current Autonomous Region in Muslim Mindanao (ARMM)
and install a new one with more powers, more resources, and possibly a larger territory. It will
be called the Bangsamoro.
Here's a rundown of 14 key features of the Bangsamoro compared to the ARMM.

1. How the law was crafted

Republic Act 9054, the law that amended the ARMM as it is now, was supposed to have
been based on an earlier peace agreement between the government and rebel group
Moro National Liberation Front (MNLF) signed in 1996. But when the bill went to
Congress, the MNLF had no participation in crafting it, resulting in a measure that the
MNLF continues to believe abrogated the peace deal.

This time around, the MILF is involved in crafting the BBL through the 15-member
Bangsamoro Transition Commission (BTC). MILF chief negotiator Mohagher Iqbal led
the BTC, which wrote the first draft of the law that was reviewed by Malacañang then
submitted to Congress.

2. Form of government

Unless amended by Congress, the passage of the BBL will see the ARMM shift towards
a parliamentary form of regional government – the only one of its kind in a country that
has a presidential unitary system.

In the ARMM, residents cast their votes for the regional governor and the vice governor,
as well as 3 members from each district for Regional Legislative Assembly (RLA) – the
body tasked to pass laws for the region. There should also be at least 3 sectoral
representatives but this was only implemented when Aquino made
such appointments in 2012.

Aside from having his own cabinet, the ARMM governor also has an advisory body
known as the Executive Council, which is composed of 3 deputy governors representing
Christians, indigenous peoples and Muslims, plus the governors and vice governors of
each province.

For the Bangsamoro, residents would instead vote for their representatives in the
parliament. The elected representatives would choose a chief minister among
themselves.

The Bangsamoro Parliament would be composed of at least 60 representatives with the

following composition:

 40% district seats

 50% sectoral representatives
 10% reserved seats – 2 seats for non-Moro indigenous communities and
one seat for women
The Executive Council would transform into a more comprehensive Council of Leaders
composed of the chief minister, provincial governors, mayors of chartered cities, and
representatives from the non-Moro indigenous communities, women, settler
communities, and other sectors.

The yet-to-be-constituted Bangsamoro parliament will determine how the elections for
sectoral and other representation in the parliament will be conducted.

Another unique position in the proposed Bangsamoro is the Wali or titular head, which
would only have ceremonial functions. The parliament appoints the Wali.

3. How the autonomous regional government will work alongside the

central government

Like the ARMM, the Bangsamoro government will continue to be under the general
supervision of the President of the Philippines.

The BBL, however, introduces a concept that recognizes the "aspiration" of the
Bangsamoro people towards real autonomy – the concept of asymmetrical relationship.

Supreme Court Justice Marvic Leonen, former chief government negotiator, defined
asymmetrical relationship in the case of the League of Provinces of the Philippines
versus DENR to mean that "autonomous regions are granted more powers and less
intervention from the national government."

How will this concept be implemented in the Bangsamoro? In a number of ways.

RA 9054 only defined the 14 powers (Article IV, Section 3) that would remain with the
central government. The BBL, meanwhile, specified the powers that would be devolved
to the region into the following categories (Article V):

 9 reserved powers for the central government

 57 exclusive powers for the Bangsamoro
 14 concurrent powers between the two

RA 9054 stresses the power of the President to suspend the ARMM governor for up to
6 months for violating the Constitution or any other laws.

In the BBL, there is no mention of the same set of powers. Instead, the bill provides for
the creation of an "Intergovernmental Relations Body" to be composed of
representatives from the Bangsamoro government and the central government that will
"resolve issues on intergovernmental relations." In case the body fails to resolve issues,
the President will make the decision.
4. Block grant

Under the ARMM, regional government officials are required to defend their budget
every year before Congress just like any other line agency, making the supposed
autonomous region still dependent on the national government for funding.

The President has the power to suspend, reduce or cancel funding if the ARMM fails to
account for the funds quarterly. The Secretary of Finance also has the power to
suspend or cancel the release of any or all funds if more than half of the funds released
remain unaccounted for 6 months after an audit is conducted.

To make the Bangsamoro – as a superior LGU, more fiscally autonomous, the systerm
for sharing resources will be changed. It will have a set-up similar to the internal
revenue allotment of local government units, where a set amount based on a formula is
automatically appropriated every year.

This will be called the annual block grant, an amount that will be taken from the national
government's share in the total revenue collection.

The fomula for the block grant is 4% of the 60% of the total revenue collection that goes
to the central government – representing the proportion of ARMM residents to the
national population.

The remaining 40% that goes to LGUs would remain untouched.

With this, the regional government will enjoy a regular release of funds like other LGUs
in the country and would no longer have to go to Congress to defend the budget.

There is an interesting feature anchored on the block grant. While it is automatically

appropriated, the BBL also includes the possibility of deductions. Once the Bangsamoro
is up and running, revenues from additional taxes devolved to the Bangsamoro and
revenues from the region's share in government income from the exploration,
development and utilization of natural resources collected 3 years before would be
deducted from the block grant.

However, the BBL does not detail how the Bangsamoro parliament would prepare and
approve the budget for the region. Instead, it will be left for the Bangsamoro Parliament
to pass the law that would establish the system.

How would funds be accounted for? The BBL creates an internal Bangsamoro
Commission on Audit, which does not prohibit the national COA from auditing the region
as well.
5. How wealth will be shared between the Bangsamoro government and the
central government; and between the regional government and LGUs

Aside from getting automatic appropriations, the BBL increases the share of the
proposed Bangsamoro on national taxes collected in the region and metallic minerals to
75% from 70% in the current ARMM.

It changes the qualification of minerals from "strategic" and "non-strategic" – which

government chief negotiator Miriam Coronel-Ferrer has said were political in nature – to
the categorical "metallic" and "non-metallic" to prevent future conflict on how revenues
from such resources will be divided between the national and regional government.

The ARMM law itemizes what percent of the region's share in taxes and mineral
resources would go to the provinces, cities, municipalities and barangays. The BBL,
however, does not and leaves the decision to the Bangsamoro parliament.

6. Bangsamoro identity

RA 9054 dedicated a section to defining tribal peoples and "Bangsa Moro" people:

Article X, Section 3:

(a) Tribal peoples. These are citizens whose social, cultural, and economic conditions
distinguish them from other sectors of the national community; and
(b) Bangsa Moro people. These are citizens who are believers in Islam and who have
retained some or all of their own social, economic, cultural, and political institutions.

The BBL includes a more comprehensive definition of who the Bangsamoro people are.
However, the definition of indigenous peoples does not appear in the BBL.

Bangsamoro people are defined in the BBL as "those who at the time of conquest and
colonization were considered natives or original inhabitants of Mindanao and the Sulu
archipelago and its adjacent islands including Palawan, and their descendants, whether
of mixed or of full blood, shall have the right to identify themselves as Bangsamoro by
ascription or self-ascription. Spouses and their descendants are classified as
Bangsamoro."

7. Justice system

The ARMM laid the groundwork for the operationalization of Shari'ah courts in Muslim
Mindanao through apellate courts, district courts and circuit courts. Shari'ah courts only
have jurisdiction over Muslims in the region and will not be applicable to non-Muslims.
The BBL takes this one step further and creates a Shari'ah High Court.

While the ARMM only prescribes that the regional government "may formulate" a
Shari'ah legal system, the BBL defines the jurisdiction of Shari'ah courts in great detail.

Aside from Shari'ah courts, the BBL also establishes a tribal justice system for
indigenous peoples, as well as alternative dispute resolution systems. Regular local
courts will continue to exist as well.

National laws will continue to apply in the region, and all courts will remain under the
jurisdiction of the Supreme Court.

8. Bangsamoro waters

The BBL aims to introduce a new concept of regional waters. Elsewhere in the country,
only municipal waters are defined since other regions only have administrative
functions.

The Bangsamoro waters extend up to 22.224 kilometers or 12 nautical miles from the
low-water mark of coasts that are part of the Bangsamoro territory. The jurisdiction over
municipal waters will remain under LGUs.

After 10 years, the bill will be reviewed for "enhancements."

9. Indigenous people's rights

Both the ARMM and the Bangsamoro laws recognize the rights of indigenous peoples in
Muslim Mindanao to native titles, their customs and traditions, and political and judicial
structures.

However, both laws also fail to mention the IPRA, passed in 1997 way before both RA
9054 and the proposed BBL were crafted. (Rappler talk: Are the Lumads victims in war
and peace?)

The IPRA was never implemented in the ARMM due to the lack of an equivalent
enabling law for the region.

Under the BBL, it will also be up the parliament to enact laws on the rights of indigenous
communities over natural resources.

Non-Moro indigenous communities will have two reserved seats in the Bangsamoro
Parliament.
The BBL also seeks the creation of a tribal university system.

10. Regional Police

The Bangsamoro will not get its own police force as the proposed regional police body
will continue to be part of the Philippine National Police. In fact, it will have the same
powers and functions under the regional police force contemplated in the ARMM law.

Similar to RA 9054, a regional police board will also be created to perform the functions
of the National Police Commission in the Bangsamoro. The BBL mentions how the
board will be created, unlike RA 9054.

Almost all powers that the ARMM governor has over the police will be the same in the
Bangsamoro. The sole difference is that the ARMM governor can only recommend the
head of the regional police while the chief minister can select the head and his deputies.

Some lawmakers are opposed to the provision giving the chief minister operational
control and supervision over the regional police following the Mamasapano clash. But a
review of RA 9054 shows that this power had already been devolved to the ARMM
governor.

11. Armed forces

Both the ARMM law and the BBL allow for the creation of a regional command of the
Armed Forces of the Philippines.

This does not mean that the autonomous region can get its own army. Both the ARMM
laws and the BBL are clear – regional defense and security will continue to be the
responsibility of the central government.

A big difference, however, is the establishment of coordination protocols between the

central government and the Bangsamoro for the movement of the military in the region
– another provision that lawmakers want to delete post-Mamasapano.

In the current ARMM, the President can send the military to the region if the regional
governor does not act within 15 days on any security concerns.

12. Women's rights

The proposed Bangsamoro government includes more concrete measures for the
protection of women's rights.
The BBL reserves one seat for women in parliament, without prohibiting them from
vying for other seats.

It also requires 5% of the total budget to be allocated for gender-responsive programs.

13. Possibility of expanding territory

When RA 9054 was ratified in a plebiscite in 2001, provinces and cities that voted
against their inclusion in the ARMM during the first plebiscite in 1989 were included.
However, only Marawi City and Basilan, excluding Isabela City, opted for inclusion.

For the Bangsamoro, the plebiscite will be held in the identified core territory but
contiguous areas – or LGUs sharing a common border with the Bangsamoro core
territory – may join the voting if there is a petition from at least 10% of registered voters
asking for their inclusion at least two months before the BBL ratification is conducted.

Those who won't do so may still get a chance to join the Bangsamoro in the future.
These contiguous areas may also opt "at anytime" to join when at least 10% of
registered voters file a petition for it and the request is approved in a plebiscite. The
Malacañang-convened Citizens' Peace Council recommended the deletion of this
provision to ease concerns about a possible "creeping expansion" of the Bangsamoro
territory.

Due to the unique opt-in provision, the BBL also seeks to create a regional branch of the
Comelec that will handle all plebiscite or election-related concerns in the region.

14. Transition period

MNLF founding chairman Nur Misuari was elected governor of the ARMM less than a
month after signing a peace pact with the Ramos administration in 1996, forcing the
MNLF to shift from their rebel underpinnings to governance without due preparation.

With the Bangsamoro, a transition period is envisioned. The MILF will lead a transitional
government until the election of the first set of Bangsamoro officials in 2016.

The Bangsamoro Transition Authority will be composed of 50 members appointed by

the President. Non-Moro indigenous communities, women and other sectors will be
represented, according to the BBL.

The MILF had hoped to have a transition period of 3 years at the start of negotiations
but delays in the inking of the peace pact and the submission of the law, as well as
the Mamasapano clash have made the timeline tighter.
The House of Representatives is set to vote on the proposed law at committee level on
Monday, May 11.

Senate committee on local government chair Senator Ferdinand Marcos Jr, meanwhile,
hopes to finish committee hearings by May 25.