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Republic of the Philippines
Congress of the Philippines
Rotca Mails
Seventeenth Congress
Ghirk Regular Session
—1—
Begun and held in Metro Manila, on Monday, the twenty-third
day of July, two thousand eighteen.
[ REPUBLIC AcT No. 11054]
AN ACT PROVIDING FOR THE ORGANIC LAW FOR THE
BANGSAMORO AUTONOMOUS REGION IN MUSLIM
MINDANAO, REPEALING FOR THE PURPOSE
REPUBLIC ACT NO. 6734, ENTITLED “AN ACT
PROVIDING FOR AN ORGANIC ACT FOR THE
AUTONOMOUS REGION IN MUSLIM MINDANAO,”
AS AMENDED BY REPUBLIC ACT NO. 9054, ENTITLED
“AN ACT TO STRENGTHEN AND EXPAND THE
ORGANIC ACT FOR THE AUTONOMOUS REGION
IN MUSLIM MINDANAO”
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:PREAMBLE
Imploring the aid of Almighty God, in recognition of the
aspirations of the Bangsamoro people and other inhabitants in
the autonomous region in Muslim Mindanao to establish an
enduring peace on the basis of justice, balanced society and
asserting their right to conserve and develop their patrimony,
reflective of their system of life as prescribed by their faith, in
harmony with their customary laws, cultures and traditions,
within the framework of the Constitution and the national
sovereignty as well as territorial integrity of the Republic of the
Philippines, and the accepted principles of human rights, liberty,
justice, democracy, and the norms and standards of international
law, and affirming their distinct historical identity and birthright
to their ancestral homeland and their right to chart their political
future through a democratic process that will secure their identity
and posterity, and allow genuine and meaningful self-governance,
the Filipino people, by the act of the Congress of the Philippines,
do hereby ordain and promulgate this Organic Law for the
Bangsamoro Autonomous Region in Muslim Mindanao.
ARTICLE I
NAME AND PURPOSE
SECTION 1. Short Title. — This law shall be known as
the “Organic Law for the Bangsamoro Autonomous Region in
Muslim Mindanao.”
SEC. 2. Name. — The political entity under this Organic
Law shall be known as the Bangsamoro Autonomous Region in
Muslim Mindanao, hereinafter referred to as the “Bangsamoro
Autonomous Region.”
SEC. 3. Purpose. — The purpose of this Organic Law is to
establish a political entity, provide for its basic structure of
government in recognition of the justness and legitimacy of
the cause of the Bangsamoro people and the aspirations of
Muslim Filipinos and all indigenous cultural communities
in the Bangsamoro Autonomous Region in Muslim Mindanao to
secure their identity and posterity, allowing for meaningfulself-governance within the framework of the Constitution and
the national sovereignty as well as territorial integrity of the
Republic of the Philippines.
ARTICLE II
BANGSAMORO IDENTITY
SEc. 1. Bangsamoro People. — Those who, at the advent
of the Spanish colonization, were considered natives or original
inhabitants of Mindanao and the Sulu archipelago and its
adjacent islands, whether of mixed or of full blood, shall have the
right to identify themselves, their spouses and descendants, as
Bangsamoro.
Suc. 2. Bangsamoro Symbol. — The Bangsamoro
Parliament, hereinafter referred to as the “Parliament,” shall
adopt the official flag, emblem, and hymn of the Bangsamoro
Autonomous Region. The flag of the Republic of the Philippines
shall always be displayed alongside the Bangsamoro flag.
Whenever the Bangsamoro hymn ig sung, it shall always be
preceded by the singing of the Philippine National Anthem.
ARTICLE III
TERRITORIAL JURISDICTION
SEC. 1. Territorial Jurisdiction. — Territorial jurisdiction
is the land mass as well as the waters over which the Bangsamoro
Autonomous Region has jurisdiction, which shall always be an
integral, indivisible, and inseparable part of the national territory
of the Republic of the Philippines as defined by the Constitution
and existing laws.
SEC. 2. Composition. — The territorial jurisdiction of the
Bangsamoro Autonomous Region, subject to the plebiscite as
provided in Section 3, Article XV of this Organic Law, shall be
composed of:
@ The present geographical area known as the
Autonomous Region in Muslim Mindanao created under Republic
Act No. 6734, as amended by Republic Act No. 9054, which shallsubsist as such until this Organic Law is ratified through a
plebiscite;
(b) The municipalities of Baloi, Munai, Nunungan, Pantar,
Tagoloan, and Tangkal in the Province of Lanao del Norte that
voted for inclusion in the Autonomous Region in Muslim Mindanao
during the 2001 plebiscite;
© The following thirty-nine (39) barangays in the
municipalities of Aleosan, Carmen, Kabacan, Midsayap,
Pigkawayan, and Pikit in the Province of North Cotabato that
voted for inclusion in the Autonomous Region in Muslim
Mindanao during the 2001 plebiscite:
(1) Dunguan, Lower Mingading, and Tapodoc in the
Municipality of Aleosan (3);
(2) Manarapan and Nasapian in the Municipality of
Carmen (2);
(3) Nanga-an, Simbuhay, and Sanggadong in the
Municipality of Kabacan (3);
(4) Damatulan, Kadigasan, Kadingilan, Kapinpilan,
Kudarangan, Central Labas, Malingao, Mudseng, Nabalawag,
Olandang, Sambulawan, and Tugal in the Municipality of
Midsayap (12);
(6) Lower Baguer, Balacayon, Buricain, Datu Binasing,
Kadingilan, Matilac, Patot, and Lower Pangangkalan in the
Municipality of Pigkawayan (8); and
© Bagoinged, Balatican, S. Balong, S. Balongis,
Batulawan, Buliok, Gokotan, Kabasalan, Lagunde, Macabual,
and Macasendeg in the Municipality of Pikit (11);
@ The City of Cotabato;
© The City of Isabela in the Province of Basilan; and@ All other contiguous areas where a resolution of the
local government unit or a petition of at least ten percent (10%) of
the registered voters in the area seeks for their inclusion at least
two (2) months prior to the conduct of the ratification of this
Organic Law.
The establishment of the territorial jurisdiction of the
Bangsamoro Autonomous Region shall take effect upon ratification
of this Organic Law by majority of the votes cast in the
abovementioned territorial jurisdiction in a plebiscite conducted
for the purpose: Provided, That in all cases, the political units
directly affected shall vote favorably im the plebiscite, as provided
in Section 3, Article XV of this Organic Law.
SEc. 3. Inland Waters. - All inland waters such as lakes,
rivers, river systems, and streams within its territorial
jurisdiction shall form part of the Bangsamoro Autonomous Region
inland waters. The preservation and management of the inland
waters shall be under the Bangsamoro Government as provided
for in Section 22, Article XIII of this Organic Law.
SEc. 4. Bangsamoro Municipal and Regional Waters. —
‘The municipal and regional waters of the Bangsamoro Autonomous
Region shall extend up to fifteen (15) kilometers and nineteen
(19) kilometers, respectively, from the low-water mark of the coasts
that are part of the Bangsamoro territorial jurisdiction.
Where a constituent local government unit of the
Bangsamoro Autonomous Region and an adjoining local
government unit are so situated on opposite shores such that
there is thirty (80) kilometers of waters or less between them, a
line equally distant from the opposite shores shall be drawn to
demarcate the Bangsamoro waters and the municipal waters of
the adjoining local government unit.
In case the constituent local government unit of the
Bangsamoro Autonomous Region and an adjoining local
government unit are so situated on opposite shores that there is
more than thirty (30) kilometers but less than thirty-four (34)
kilometers of waters between them, a line shall be drawn at theedge of the fifteen-kilometer municipal waters of the adjoining
Jocal government unit to demarcate it from the Bangsamoro
waters.
SEC. 5. Constituent Units. - The constituent units of the
Bangsamoro Autonomous Region are the provinces, cities,
municipalities, barangays, and geographical areas within its
territorial jurisdiction.
ARTICLE IV
GENERAL PRINCIPLES AND POLICIES
Sec. 1. Territorial I ntegrity and Allegiance. ~ The
Bangsamoro Autonomous Region is an integral, indivisible, and
inseparable part of the territory of the Republic of the Philippines.
The Bangsamoro people shall uphold the Constitution as the
fundamental law of the land and pnequivocally owe allegiance
and fidelity to the Republic of the Philippines.
SEC. 2. Self-Governance. — In the exercise of its right to
self-governance, the Bangsamoro Autonomous Region is free to
pursue its political, economic, social, and cultural development
as provided for in this Organic Law.
\
Sec. 3. Democratic Political System. — The Bangsamoro
Autonomous Region shall have a democratic political system that
allows its people to freely participate in the political processes
within its territorial jurisdiction. The Bangsamoro Autonomous
Region shall have a parliamentary form of government.
Suc. 4. Electoral System. — The Bangsamoro Government
shall adopt an electoral system which shall be consistent with
national election laws, allow democratic participation, encourage
the formation of genuinely principled political parties, and ensure
accountability. |
Sgc. 5. Civilian Goa — Governance in the
Bangsamoro Autonomous Region shall be the responsibility of
the duly elected civilian government. Civilian authority is, at all
times, supreme over the military. j
|SEC. 6. Promotion of Unity. — The Bangsamoro
Government shall promote unity, peace, justice, and goodwill
among all peoples, as well as encourage a just and peaceful
settlement of disputes.
SEC. 7. Social Justice. - The Bangsamoro Government
shall ensure every Filipino citizen in its territorial jurisdiction
the provision of the basic necessities and equal opportunities in
life. Social justice shall be promoted in all aspects of life and
phases of development in the Bangsamoro Autonomous Region.
Sec. 8. International Treaties and Agreements. — The
Bangsamoro Government shall respect and adhere to all
international treaties and agreements binding upon the National
Government.
Sc. 9. Rights of Non-Moro Indigenous Peoples. — The
Bangsamoro Government shall recognize and promote the rights
of non-Moro indigenous peoples within the framework of the
Constitution and national laws.
SEC. 10. Freedom of Choice. — The freedom of choice of
all peoples within the Bangsamoro Autonomous Region shall be
respected. Indigenous peoples shall have the freedom to retain
their distinct indigenous and ethnic identity in addition to their
Bangsamoro political identity. There shall be no discrimination
on the basis of identity, religion, and ethnicity.
ARTICLE V
POWERS OF GOVERNMENT
SEc. 1. Powers of the National Government. — All powers,
functions, and responsibilities not granted by the Constitution or
by national law to the Bangsamoro Government shall be vested
in the National Government.
SEc. 2. Powers of the Bangsamoro Government. — Subject
to Section 20, Article X of the Constitution and this Organic Law,
the Bangsamoro Government shall exercise its authority over
the following matters without prejudice to the general supervision
of the President of the Republic of the Philippines:8
(a) Administration of: a
i
(®) Administrative organization;
© Agriculture, livestock, d food security;
@ Ancestral domain and natural resources;
© Barter trade and countertrade;
@ Budgeting;
(g) Business name registration;
(a) Cadastral land survey;
@ Civil service; | |
@ Classification of public Iands
&) Cooperatives and social ss ieeceea
@ Creation, division, oats abolition or alteration of |
boundaries of municipalities and barangays;
(m) Creation of government-owned or controlled corporations
and pioneer firms;
(a) Creation of sources of revenues;
(©: Cultural exchange, and economic and technical
cooperation;
(p) Culture and language; |
|
@ Customary laws; |
(x) Development programs laws for women, labor, the
youth, the elderly, the differently-abled, and indigenous peoples;
SE EE EE Eee eee Eee eee eee ee ee eee ee eee eee eee eee eee eee eee@ Disaster risk reduction and management;
Ecological solid waste management and pollution
control;
(u) Economic zones, industrial centers, and free ports;
(v) Education and skills training;
(w) Eminent domain;
(x) Environment, parks, forest management, wildlife, and
nature reserves conservation;
(y) Fishery, marine, and aquatic resources;
@ Grants and donations;
(aa) Hajj and Umrah;
(bb) Health;
(cc) Housing and human settlements;
(dd) Humanitarian services and institutions;
e) Human rights;
(& Indigenous peoples’ rights;
(gg) Inland waters;
(hh) Inland waterways for navigation;
Gi) Islamic banking and finance;
Gi) Labor, employment, and occupation;|
(kk) Libraries and museums, and historical, cultural, and
archaeological sites;
@) Loans, credits, and other forms of indebtedness;
(mm) Mechanisms for cinsultations for women and
marginalized sectors;
(an) People’s organizations;
(eo) Power sector investments;
(p) Public utilities’ operations;
(qq) Public works and infrastructure;
(2) Quarantine regulations;
(gs) Registration of births, marriages, and deaths, copies
to be furnished the Philippine Statistics Authority;
|
(tt) Regulation of the manufacture and distribution of food,
drinks, drugs, and tobacco; |
|
(uu) Science and technology, research councils and
scholarship programs;
(vv) Social services, social welfare, and charities;
(ww) Sports and recreation;
(xx) Technical cooperation for human resource
development;
(yy) a ia
(@) Trade and industry;
(aaa) Urban and rural planning development;
|ce
(bbb) Urban land reform and land use; and
(ccc) Water supply and services, flood control, and
irrigation systems.
SEc. 3. General Welfare. - The Bangsamoro Government
shall exercise the powers expressly granted, those necessarily
implied therefrom, as well as powers necessary, appropriate, or
incidental for its efficient and effective governance and those which
are essential to the promotion of general welfare. Within its
territorial jurisdiction, the Bangsamoro Government shall ensure
and support, among other things, the preservation and enrichment
of culture, promote health and safety, enhance the right of the
people to a balanced ecology, encourage and support the
development of appropriate and self-reliant scientific and
technological capabilities, improve public morals, enhance
economic prosperity and social justice, promote full employment
among its residents, maintain peace and order, and preserve the
comfort and convenience ofits inhabitants.
ARTICLE VI
INTERGOVERNMENTAL RELATIONS
SEC. 1. General Supervision. - The President shall
exercise general supervision over the Bangsamoro Government
to ensure that laws are faithfully executed. The President may
suspend the Chief Minister for a period not exceeding six (6)
months for willful violation of the Constitution, national laws, or
this Organic Law.
SEC. 2. Intergovernmental Relations Mechanism. — There
is hereby created a National Government-Bangsamoro
Government Intergovernmental Relations Body, hereinafter
referred to as “Intergovernmental Relations Body,” to coordinate
and resolve issues on intergovernmental relations through regular
consultation and continuing negotiation in a non-adversarial
manner. ‘
The Intergovernmental Relations Body shall exhaust all
means to resolve issues brought before it. Unresolved issues shall
be elevated to the President, through the Chief Minister.12
The National Government and the Bangsamoro
Government shall each appoint representatives to the
Intergovernmental Relations Body. The Intergovernmental
Relations Body shall be supported by a joint secretariat.
SEc. 3. Philippine Congress-Bangsamoro Parliament
Forum. — There shall be created a Philippine Congress-
Bangsamoro Parliament Forum for purposes of cooperation and
coordination of legislative initiatives.
SEC. 4. Intergovernmental Fiscal Policy Board. — There
is hereby created an Intergove: ntal Fiscal Policy Board that
shall address revenue imbalances and fluctuations in regional
financial needs and revenue-raising capacity of the Bangsamoro
Government, whose functions and composition are provided for
in Sections 37 to 38, Article XII of this Organic Law.
SEC. 5. Joint Body for the Zones of Joint Cooperation. —
There is hereby created a Joint Body for the Zones of Joint
Cooperation, which shall be responsible for formulating policies
relating to the Zones of Joint Cooperation in the Sulu Sea and
Moro Gulf as provided for in Section 19, Article XIII of this
Organic Law. |
SEC. 6. Intergovernmental Infrastructure Development
Board. — There is hereby created an Intergovernmental
Infrastructure Development Board, which shall be responsible
for coordinating and synchronizing national and Bangsamoro
infrastructure development plans.
‘The Intergovernmental Infrastructure Development Board
shall be composed of the heads or representatives of the appropriate
ministries and offices in the Bangsamoro Government. The
National Government shall likewise be represented in the
Intergovernmental Infrastructure |Development Board by the
Secretary of Public Works and Highways and such other officials
as may be necessary to be designated by the Secretary of Public
Works and Highways. |
|13
Src. 7. Intergovernmental Energy Board. — There is
hereby created an Intergovernmental Energy Board. It shall
resolve all matters specified in Section 36, Article XIII of this
Organic Law and other energy issues referred to it by the
Intergovernmental Relations Body. It shall be composed of the
representatives of the National Government and the Bangsamoro
Government from their respective energy regulatory commissions
and electrification administrations.
SEc. 8. Bangsamoro Sustainable Development Board. —
The Parliament shall create a Bangsamoro Sustainable
Development Board composed of representatives from the National
Government and the Bangsamoro Government. The Bangsamoro
Sustainable Development Board shall ensure the integration and
harmonization of economic, social, and environmental
considerations as vital dimensions of sustainable development
policy and practice in the Bangsamoro Autonomous Region.
The funding support for the Bangsamoro Sustainable
Development Board shall be included in the annual budget of the
Bangsamoro Government. However, if there are revenues collected
from the exploration, development, and utilization of any natural
resources within the Bangsamoro Autonomous Region, a certain
percentage of the revenues shall be allocated for the operation of
the Bangsamoro Sustainable Development Board, as may be
provided in a law to be passed by the Parliament.
SEC. 9. Council of Leaders. — There shall be a Council of
Leaders that shall advise the Chief Minister on matters of
governance in the Bangsamoro Autonomous Region. It shall
consist of the following members:
(@) Chief Minister as head of the council;
(b) Members of the Congress of the Philippines from the
Bangsamoro Autonomous Region;
{c) Provincial governors, and mayors of chartered cities in
the Bangsamoro Autonomous Region;@ Representatives of traditional leaders, non-Moro
indigenous communities, women, settler communities, the Ulama,
youth, and Bangsamoro communities outside of the Bangsamoro
Autonomous Region; and
©) Representatives of other sectors.
|
The mechanism of representation and number of
representatives in paragraphs (d)\and (e) shall be determined by
the Parliament. The representation of the non-Moro indigenous
communities shall be pursuant to their customary laws and
indigenous processes.
SEc. 10. Bangsamoro Government and its Constituent
Local Government Units. ~ The authority of the Bangsamoro
Government to regulate the irs of its constituent local
government-units shall be guaranteed in accordance with this
Organic Law and a Bangsamoro|local government code to be
enacted by the Parliament. The privileges already enjoyed by
local government units under Republic Act No. 7160, otherwise
known as the “Local Government Code of 1991,” as amended,
and other existing laws shall not be diminished.
The Parliament may creaté, divide, merge, abolish, or
substantially alter boundaries of municipalities or barangays in
accordance with a law enacted by the Parliament. The
municipalities or barangays created, divided, merged, or whose
boundaries are substantially altered, shall be entitled to their
appropriate share in the national taxes or Internal Revenue
Allotment: Provided, That the criteria laid down in Republic Act
No. 7160, as amended, and other national laws shall be satisfied:
Provided, further, That it shall be approved by a majority of the
votes cast in a plebiscite in the political units directly affected.
When such acts require the
the Bangsamoro Government shall erate and coordinate with
the National Government through the Philippine Congress-
Bangsamoro Parliament Forum to prioritize the deliberations on
the creation of a legislative district.
Nothing in this Organic Law shall be construed to allow
the Bangsamoro Government to te legislative districts.
|
eG15
Sec. 11. Bangsamoro Participation in National
Government. — As far as practicable, the Bangsamoro
Government shall be represented in the departments, offices,
commissions, agencies and bureaus of the National Government
that implement and enforce policies, programs, and projects of
the National Government in the Bangsamoro Autonomous Region.
SEC. 12. Assistance to Other Bangsamoro Communities.
— The National Government shall ensure the protection of the
rights of the Bangsamoro people residing in communities outside
the Bangsamoro Autonomous Region and undertake programs
for their rehabilitation and development. The Bangsamoro
Government, in coordination with the local government units
where these communities are located and the appropriate national
government agencies, shall provide assistance to enhance their
economic, social, and cultural development.
SEC. 13. National Programs and Projects. — National
programs and projects such as the Pantawid Pamilyang Pilipino
Program, Health Facility Enhancement Program, School Building
Program, retained hospitals of the Department of Health,
PhilHealth, social pension for senior citizens, and the Task Force
Bangon Marawi shall continue to be funded by the National
Government, without prejudice to the power of the Bangsamoro
Government to provide for: Sissi ‘such programs
and projects.
ARTICLE VII
BANGSAMORO GOVERNMENT
SEC. 1. Seat of Government. — The Parliament shall fix
by law the permanent seat of the Bangsamoro Government
anywhere within the territorial jurisdiction of the Bangsamoro
Autonomous Region taking into consideration accessibility and
efficiency in which its mandate may be carried out under this
Organic Law.
SEc. 2. Powers of Government. — The powers of
government shall be vested in the Parliament which shall exercise
those powers and functions expressly granted to it in this Organic16
Law, and those necessary for, 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 on its behalf. é
SkEc. 3. Legislative Authority. — The Parliament shall
have the authority to enact laws on matters that are within the
powers and competencies of the Bangsamoro Government.
SEC. 4, Executive Authority. — The executive function
and authority shall be exercised hy the Cabinet which shall be
headed by a Chief Minister. The chat Minister shall be elected
by a majority vote of all the members of the Parliament.
The Chief Minister shall nominate two (2) Deputy Chief
Ministers who shall be elected by the Parliament, as provided for
in Section 36 of this Article, and appoint the members of the
Cabinet, majority of whom shall cqme from the Parliament.
Bangsamoro Parliament
SEC. 5. Powers. — The Parliament shall have the following
powers:
(a) Enact laws to promote, protect, and ensure the general
welfare of the Bangsamoro people and other inhabitants in the
Bangsamoro Autonomous Region;
(b) Call for a referendum on important issues affecting the
Bangsamoro Autonomous Region;
© Enact a law on initiatives;
@ Conduct inquiries in aid of legislation in accordance
with its rules. The rights of per appearing in or affected by
such inquiry shall be respected;17
© Enact a law that allows the Chief Minister, Speaker of
the Parliament, and the Presiding Justice of the Shari'ah High
Court to augment any item in the general appropriations law for
their respective offices from savings in other items of their
respective appropriations;
© Enact a law within the competencies of the Bangsamoro
Government to regulate the grant of regional franchises and
concessions, and empower the Chief Minister to grant leases,
permits, and licenses over agricultural lands and for forest
management;
(g) Discipline its members as provided in Section 26,
Article VII of this Organic Law;
(b) Enact laws declaring Bangsamoro holidays; and
@) Beconsulted on matters affecting the environment.
SEC. 6. Composition. — The Parliament shall be composed
of eighty (80) members, unless otherwise increased by the Congress
of the Philippines.
SEC. 7. Classification and Allocation of Seats. — The seats
in the Parliament shall be classified and allocated as follows:
(@) Party Representatives. — One-half of the members of
the Parliament shall be representatives of political parties who
are elected through a system of proportional representation based
on the Bangsamoro territorial jurisdiction.
Any organized group in the Bangsamoro Autonomous Region
may register as a political party with the Bangsamoro Electoral
Office, with qualifications to be prescribed by the Bangsamoro
Electoral Code.
Each registered political party shall submit to the
Bangsamoro Electoral Office before the election a manifestation
of intent to participate in the parliamentary election of party
representatives in the Bangsamoro Autonomous Region,18
incorporating therein a list of nominees, ranked from one (1) to
forty (40), from which party representatives shall be chosen in
case they obtain the required number of votes. No person shall be
nominated in more than one (J) list.
The number of seats allocated for each political party shall
be based proportionately on the percentage of votes obtained by
each political party as against the total votes cast in the
Bangsamoro Autonomous Region for the election of party
representatives.
Any elected party representative who changes political party
affiliation during the representative's term of office shall forfeit
the seat in the Parliament: Provided, That if the elected party
representative changes political |party affiliation within six (6)
months before an election, the e person shall not be eligible
for nomination as party representative under the new party or
organization.
() Parliamentary District Seats. — Not more than forty
percent (40%) of the members of the Parliament shall be elected
from single member parliament districts apportioned for the
areas and in the manner provided for by the Parliament. For the
first parliamentary election following the ratification of this
Organic Law, the allocation of the parliamentary district seats
shall be determined by the Bangsamoro Transition Authority as
provided for in Section 4, Article of this Organic Law. In the
allocation of district seats, the Bangsamoro Transition Authority
shall adhere to the standards set in Section 10, Article VII of this
Organic Law.
The Parliament may undertake by law new redistricting
in order to ensure a more equitable representation of the
constituencies in the Parliament.
The district representatives shall be elected through direct
plurality vote by the registered’ voters in the parliamentary
districts.
© Reserved Seats and Sectoral Representatives. —
Reserved seats and sectoral representatives shall constitute at
least ten percent (10%) of the members of the Parliament, which
E |19
shall include two (2) reserved seats each for non-Moro indigenous
peoples and settler communities. Women, youth, traditional
leaders, and the Ulama shall have one sectoral seat each:
Provided, That the reserved seats and sectoral representatives
shall in no case be less than eight (8) seats.
The Parliament shall determine the manner of election of
the reserved seats and sectoral representatives.
For the first parliamentary election following the ratification
of this Organic Law, the allocation of reserved and sectoral
representative seats shall be determined by the Bangsamoro
Transition Authority as provided for in Section 4, Article XVI of
this Organic Law.
Src. 8. Election for Reserved Seats for Non-Moro
Indigenous Peoples. - Notwithstanding the immediately
preceding sections, reserved seats for non-Moro indigenous peoples,
such as Teduray, Lambangian, Dulangan Manobo, B'laan, and
Higaonon, shall adhere to their customary laws and indigenous
processes based on the following:
{a) Primacy of customary laws and practices;
(b) Primacy of consensus building;
© Acceptability to the community;
@ Inclusivity and full participation;
@ Representation of the collective interests and
aspirations of non-Moro indigenous peoples;
© Sustainability and strengthening of indigenous political
structures;
g) Track record and capability; and
(a) Gender equality.20
SEC. 9. Regional Parties. — A\free and open regional party
system shall be allowed to evolve according to the free choice of
the people. Towards this end, only regional political parties duly
accredited by the Bangsamoro Electoral Office, as approved by
the Commission on Elections, |shall participate in the
parliamentary elections in the Bangsamoro Autonomous Region.
The Bangsamoro Government shall ensure the inclusion of
women’s agenda and the involvement of women and the youth in
the electoral nominating process of the political parties.
SEC. 10. Redistricting for Parliamentary Membership. -
The Parliament shall have the power to reconstitute by law the
parliamentary districts apportioned among the provinces, cities,
municipalities, and geographical |areas of the Bangsamoro
Autonomous Region to ensure equitable representation in the
Parliament. The redistricting, merging, or creation of
parliamentary districts shall be|/ based on the number of
inhabitants and additional provinces, cities, municipalities, and
geographical areas, which shall become part of the Bangsamoro
territorial jurisdiction.
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 territorial jurisdiction:
Provided, further, That each district shall have a population of
at least one hundred thousand (100,000).
SEc. 11. Term of Office. ~ The term of office of the
members of the Parliament shall be three (3) years: Provided,
That no member shall serve for more than three (3) consecutive
terms. Voluntary renunciation of office for any length of time or
the dissolution of the Parliament by the Wali shall not be
considered as an interruption in the continuity of the service for
the full term for which the member was elected.
SEC. 12. Qualifications. — Np person shall be a member
of the Parliament unless the person is a citizen of the Philippines,
at least twenty-five (25) years of age on the day of the election,
able to read and write, and a registered voter in the Bangsamoro
Autonomous Region.21
Acandidate for youth representative shall not be less than
eighteen (18) years and not more than thirty (30) years of age at
the time of election.
Acandidate for district representative must be a registered
voter of the district in which the person is a candidate, and has
resided in the district for at least one (1) year immediately
preceding the day of the election.
SEC. 18. Salaries of Members of the Parliament. — The
Parliament shall determine the salaries and emoluments of its
members: Provided, That the salaries and emoluments of the
members of the Parliament shall not be higher than those of a
Provincial Governor: Provided, further, That the salaries and
emoluments of the Deputy Chief Ministers and the Speaker of
the Parliament shall be one salary grade higher than those of the
members: Provided, furthermore, That the salaries and
emoluments of the Chief Minister shall not be higher than those
of the Members of the Congress of the Philippines.
The Parliament shall adopt the Revised Compensation and
Position Classification System of the National Government as
provided for in Republic Act No. 6758, as amended, and relevant
executive issuances: Provided, finally, That no increase in the
compensation shall take effect until after the expiration of the
full term of all the members of the Parliament approving such
increase.
For the first Parliament, the salaries and emoluments of
its members shall be determined by a law to be passed by the
Bangsamoro Transition Authority.
Members of the Parliament shall not receive during their
tenure other salary and emoluments from the Bangsamoro
Government or from the National Government.
SEC. 14. Disclosure. - Members of the Parliament shall,
upon their assumption of office, make a full disclosure of their
financial and business interests, including those of their spouses
and children. They shall notify the Parliament of any potential
conflict of interest that may arise from the filing of bills or
resolutions of which they are authors.22
SEC. 15. Prohibition Against|Con/lict of Interest. — The
Chief Minister, Deputy Chief’ Ministers, members of the Cabinet,
and members of the Parliament, during their term, shall not
engage, directly or indirectly, in any business or commercial
enterprise in the Bangsamoro Autonomous Region where there
may be a conflict of interest in the exercise of their functions.
SEC. 16. Prohibited Business|and Pecuniary Interest. —
(@) Itehall be unlawful for the Chief Minister, Deputy Chief
Ministers, members of the Cabinet, and members of the Parliament
to directly or indirectly:
(i) Engage in any business transaction with the
Bangsamoro Government or with any of its authorized boards,
officials, agents, or attorneys, whereby money is to be paid, or
property or any other thing of value is to be transferred, directly
or indirectly, out of the resources of the Bangsamoro Government
to such person or firm;
(2) Hold such interests in any cockpit or other games
licensed by the Bangsamoro Gove! ent;
(3) Purchase any real estate or other property forfeited in
favor of the Bangsamoro Government for unpaid taxes or
assessment, or by virtue of a legal process at the instance of the
Bangsamoro Government;
(4 Beasurety for any person contracting or doing business
with the Bangeamoro Government for which a surety is required;
and |
(6) Possess or use any public property of the Bangsamoro
Government for private purposes.
(&) Allother prohibitions governing the conduct of national
public officers relating to prohibited business and pecuniary
interest as provided for under Republic Act No. 6713, otherwise
known as the “Code of Conduct and Ethical Standards for Public
Officials and Employees,” and other
applicable to the Chief Minister, Deputy Chief Ministers, members
of the Cabinet, and members of the Parliament.23
SEC. 17. Practice of Profession. ~
(@) The Chief Minister, Deputy Chief Ministers, and
members of the Cabinet are prohibited from practicing their
profession or engaging in any occupation other than the exercise
of their functions as officials of the Bangsamoro Government.
(b) Members of the Parliament who are not holding Cabinet
positions may practice their professions, engage in any occupation,
or teach in schools except during session hours: Provided, That
members of the Parliament who are also members of the Philippine
Bar shall not:
(1) Appear as counsel before any court in any civil case
wherein the Bangsamoro Government or any office, agency, or
instrumentality of the government is the adverse party;
(2) Appear as counsel in any criminal case wherein an
officer or employee of the National Government or the Bangsamoro
Government is accused of an offense.committed in relation to the
office;
(8) Collect any fee for appearance in administrative
proceedings involving the Bangsamoro Government; and
{4) Use property and personnel of the government except
when the member concerned is defending the interest of the
government.
© Doctors of medicine may practice their profession even
during official hours of work only on occasions of emergency:
Provided, That the members concerned do not derive monetary
compensation therefrom.
Skc. 18. Statement of Assets, Liabilities, and Net Worth.
— Officials and employees of the Bangsamoro Government shall
file sworn statements of assets, liabilities, and net worth, lists of
relatives within the fourth civil degree of consanguinity or affinity
in government service, financial and business interests, and
personal data sheets as required by national law.24
SEC. 19. Forfeiture of Seat. — The seat of a member of
the Parliament shall be forfeited under any of the following
circumstances:
@) Voluntary resignation in the form of either a written
or oral declaration in the Parliament;
(©) Conviction of a grave offense by a regular court or a
finding of guilt of a grave offense ag defined by the rules of the
Parliament for treason, high crimes, heinous crimes, crimes
against morality, or other crimes|punishable by more than
six (6) years of imprisonment;
(© Permanent physical or mental incapacity that makes
the Member unable to discharge the duties of a member, or death;
@ Substitution by the party to which the member belongs
with another member of the same party, the member having
been elected under the proportional representation system;
© Expulsion by the Parliament for disorderly behavior,
with the concurrence of two-thirds of all its members; and
@® Such other grounds as bay be provided in the
Bangsamoro Electoral Code. |
SEC. 20. Filling of Vacancy. — In case of a vacancy of a
proportional representation seat, the party to which that seat
belongs shall fill the vacancy. |
Incase of a vacancy of a district seat by an affiliated member
of the Parliament, the party to which the member belongs shall,
within thirty (30) days from the ocdurrence of such vacancy,
nominate a new member who shall be appointed by the Chief
Minister subject to the Bangsamoro Electoral Code.
Incase of a vacancy in the seat pied by an unaffiliated
member of the Parliament occurring at least one (1) year before
the expiration of the term of office, a special election may be called
to fill such vacancy in the manner prescribed by a law enacted by
the Parliament.26
The appointed or elected member of the Parliament, as the
case may be, shall serve the unexpired term of the vacant office.
Skc. 21. Privileges and Immunities. — Any member of
the Parliament who commits an offense within the Bangsamoro
territorial jurisdiction that is punishable by not more than six (6)
years imprisonment, shall be privileged from arrest while the
Parliament is in session.
No member of the Parliament shall be questioned or be
held liable in any other place for any speech or debate in the
Parliament or in any of its committees.
SEC. 22. Sessions of the Parliament. — The Parliament
shall conduct its regular session forty-five (45) days after the
election of the Parliament up to thirty (80) days before the opening
of its next regular session, unless earlier dissolved by a vote of no
confidence. A special or emergency session may be called by the
Speaker, upon the request of the Chief Minister or by a majority
of all the members of the Parliament.
SEC. 23. Officers of the Parliament. ~ On the first day of
session of the Parliament following their election, the members
shall elect by a majority vote of all its members the Speaker, a
Deputy Speaker, and the other officers of the Parliament, as the
rules of the Parliament may provide.
In case of death, removal, resignation, or permanent
disability or legal incapacity of the Speaker, the Deputy Speaker
shall act as Speaker until a new Speaker shall have been elected
by the Parliament.
Skc. 24. Presiding Officer. — The Speaker, Deputy
Speaker, or any other person presiding over the Parliament shall:
(@) Secure'the honor and dignity of the Parliament;
(®) Ensure the rights and privileges of all the members;|
26
|
© Assure public access to the proceedings of the
Parliament and its committees.
SEC. 25. Rules of the Parliament. — The Parliament shall
adopt its own rules for the conduct of its business.
(@) Every bill passed by the Parliament shall embrace only
one subject which shall be expressed in the title thereof.
(b) No bill shall become a law in the Bangsamoro
Autonomous Region unless it has passed three (3) readings on
separate days and printed copies thereof in its final form have
been distributed to members of Parliament three (3) days
before its passage, except when the Chief Minister certifies to the
necessity of its immediate enactment to meet a public calamity
or emergency.
© Every bill passed by the Parliament shall, before it
becomes a law, be presented to the Chief Minister. The Chief
Minister shall sign the bill within thirty (30) days after the date
of its receipt, otherwise, it shall become a law as if the Chief
Minister had signed it. |
@ The Speaker of the Parliament shall, within ten (10)
working days from their approval of, submit to the President
and to the Congress of the Philippines a certified true copy of all
laws and resolutions approved by the Parliament.
© Therules of the Parliament or any amendment thereto
shall be effective fifteen (15) days following its complete publication
in a regional newspaper of general circulation.
SkEc. 26. Proceedings. — A majority of all the members
of the Parliament shall constitute a quorum to do business, but a
smaller number may adjourn from. to day and may compel
the attendance of absent members in such manner, and under
such penalties as the Parliament may provide.27
The Parliament may punish its members for disorderly
behavior, and with the concurrence of two-thirds of all its members,
suspend or expel a member. A penalty of suspension, when
imposed, shall not exceed sixty (60) days.
The Parliament shall keep a Journal of its proceedings,
and from time to time publish the same, excepting such parts as
may, in its judgment affect national and/or regional security;
and the yeas and nays on any question shall, at the request of
one-fifth of the members present be entered into the Journal. The
Parliament shall also keep a record of its proceedings.
SEC. 27. Appropriations. — No public money, including
the block grant and other national government subsidies and
support funds given in lump sum, shall be spent without an
appropriations law clearly defining the purpose for which it is
intended. The Parliament shall pass an annual appropriations
Jaw.
SEC. 28. Budget. — The form, content, and manner of
preparation of the Bangsamoro budget shall be prescribed by law
enacted by the Parliament, consistent with existing laws, rules
and regulations of the National Government. For this purpose,
the Parliament shall create a Bangsamoro Budget Office.
SEC. 29. Reenacted Budget. — If, by the end of a fiscal
year, the Parliament shall have failed to pass the Bangsamoro
appropriations bill for the ensuing fiscal year, the Bangsamoro
appropriations law for the preceding fiscal year shall be deemed.
reenacted and shall remain in force and effect until a new
Bangsamoro appropriations bill is passed by the Parliament.
Only the annual appropriations for salaries and wages of
existing positions, statutory and contractual obligations, and
operating expenses authorized in the annual budget of the
preceding year shall be deemed reenacted and the disbursement
of funds shall be in accordance therewith.|
aa
Executive TS
SEC. 30. Qualifications of the Chief Minister. — No person
shall be elected as Chief Minister unless a member of the
Parliament, a natural-born citizen of the Philippines, and at least
twenty-five (25) years of age on the day of the election.
SEC. 31. Election of the Chief Minister. — On the first day
of session following the election of the members of the Parliament,
the Parliament shall elect the Chief Minister by a majority vote
of all its members.
Ifno member of the Parliament obtains the majority vote
necessary to be elected Chief Minister in the first round of voting,
arunoff election shall be conducted: Provided, That the members
of the Parliament shall elect the Chief Minister from the two (2)
candidates who obtained the highest number of votes cast in the
first round.
SEC. 32. Powers, Duties, and Functions of the Chief
Minister. — The Chief Minister shall exercise the following powers,
duties, and functions:
(@) Head the Bangsamoro Government;
() Appoint heads of ministries, agencies, bureaus, and
offices of the Bangsamoro Government or other officers of
Bangsamoro-owned or controlled cdrporations or entities with
original charters;
© Appoint other officers in the Bangsamoro Government,
as may be provided by the Parliament;
@ Formulate a platform of government subject to the
approval of the Parliament;
© Issue executive orders ts other policies of the
Bangsamoro Government;
@® Represent the Bangsamoro Government in the affairs
of the Bangsamoro Autonomous Region;