The Bangsamoro Organic Law

Or

The Republic Act No. 11054

Submitted by:

Maxine B. Pasia

BPA 1-1

Submitted to:

Mrs. Pamela Muhi

 I. Introduction/Background of the BOL (on the road to its passage)

The passage of the Bangsamoro Organic Law has been very tough and persistent

after years and decades of the struggle in peace in Mindanao. From the very beggining

of peace talks and consolidate efforts between the Government of the Philippines and the

Moro Islamic Liberation Front (MILF), Bangsamoro Organic Law has been ratified under

the administration of the current president Rodrigo Duterte.

Going back in the history, when the first exploratory talks happened during the regime of

former president Fidel V. Ramos with the Moro Islamic Liberation Front (MILF). The 1996

Final Peace Agreement, also called the Jakarta Accord was signed on September 2, 1996

in Manila, Philippines by the representative of the Government of the Philippines, Manuel

Yan and Nur Misuari of the Moro National Liberation Front. The culmination of four years

of peace talks, the agreement established mechanisms designed to bring about the full

implementation of the 1976 Tripoli Agreement.

And the peace talks pursued up to the reign of the former president and now Mayor

Joseph Estrada, who declared an all-out war against the MILF after a series of terrorist

attacks in Mindanao. The 2000 Philippine campaign against the Moro Islamic Liberation

Front (MILF) was a military campaign coordinated and organized by the Armed Forces of

the Philippines (AFP) against a Muslim withdrawal group that took place during the
presidency of Joseph Estrada in the Autonomous Region in Muslim Mindanao in the

Philippines.

In 2008, under the administration of then-President Gloria Macapagal-Arroyo, the

Memorandum of Agreement on Ancestral Domain also known as Bangsamoro Juridical

Entity (BJE) was scheduled to be signed by the government and MILF. But the signed

agreement encountered with powerful public disapproval and strong criticism,

and declared by the Supreme Court as unconstitutional and illegal. The Moro Islamic

Liberation Front and the Government of the Philippines signed a preliminary peace

agreement in the Malacañang Palace last October 15, 2012. It was under the

administration of President Benigno Aquino III, This was the Framework Agreement on

the Bangsamoro, which called for the creation of an autonomous political entity named

Bangsamoro, replacing the Autonomous Region of Muslim Mindanao (ARMM).

The Framework Agreement was later fleshed out by four Annexes and an

addendum:

The Annex on Transitional Modalities and Arrangements - established the transitional

process for the establishment of the Bangsamoro, and detailed the creation of the

Bangsamoro Transition Commission, the Bangsamoro Transition Authority, and the

Bangsamoro Basic Law. This Annex was signed on Feb. 27, 2013.

The Annex on Revenue Generation and Wealth Sharing - enumerated the sources of

wealth creation and financial assistance for the new Bangsamoro entity. This Annex was

signed on July 13, 2013.

The Annex on Power Sharing - discussed intergovernmental relations of the central

government, the Bangsamoro government and the local government units under the

Bangsamoro. This Annex was signed on Dec. 8, 2013.

The Annex on Normalization - paved the way for the laying down of weapons of MILF

members and their transition to civilian life. Normalization is the process through which

the communities affected by the conflict in Mindanao can return to peaceful life and

pursue sustainable livelihood. This Annex was signed on Jan. 25, 2014.

The Addendum on the Bangsamoro Waters and Zones of Joint Cooperation -

Signed on Jan. 25, 2014, this addendum detailed the scope of waters under the territorial

jurisdiction of the Bangsamoro (12 nautical miles from the coast), and Zones of Joint

Cooperation or bodies of water (Sulu Sea and Moro Gulf) within the territory of the

Philippines but not within the Bangsamoro.

After the signing of the Framework Agreement on the Bangsamoro, President

Benigno Aquino III signed Executive Order 120 creating the Bangsamoro Transition

Commission (BTC) that composed with 15 members and order it to create a draft for a

Bangsamoro Basic Law. It was followed by the signing of the Comprehensive Agreement

on the Bangsamoro on 27th of March 2014, which would serve as basis for the BBL. Under

the agreement, the Islamic separatists would turn over their firearms to a third party, which

would be selected by the rebels and the Philippine government, the MILF had agreed to

decommission its armed wing, the Bangsamoro Islamic Armed Forces (BIAF). In return,

the government would establish an autonomous Bangsamoro. Power sharing was a

central point to the autonomy redesign. It was an organic act that would create and

provide guidelines for the workings of the envisioned Bangsamoro government that will

replace the Autonomous Region in Muslim Mindanao (ARMM) by which the ARMM has

been the poorest region in the country, with its provinces occupying the lowest level of

pay and status of the Philippine’s human development ladder. The ARMM was described

by many as a failed experiment including the Malacañang Palace called the ARMM a

"failed experiment" and a "failed state", among the issues that has been investigated are

several failed and ghost projects and the failure of ARMM government to remit monthly

government employees' contributions to the Government Service Insurance System

(GSIS). The peace agreement signed by the Philippine government and the Moro Islamic

Liberation Front (MILF) last March, that pursues to end the decades' long conflict in

Mindanao will manifest by the Bangsamoro Basic Law. The BBL establishes the new

Bangsamoro political identity in its place, provided its basic structure of government

aiming for the rights of the Bangsamoro people, and describes as indigenous or primordial

citizens of Mindanao and the Sulu archipelago and the adjacent islands including

Palawan. The Bangsamoro bill has been crafted and finalized after 5 months.

And an initial version of the bill was submitted by the Bangsamoro Transition

Commission (BTC) to Aquino's office back in May. Some revisions has took place to the

BTC's draft after it was denied by the MILF. To settle the disputable issues, the

government and the MILF peace panels had to meet several times in Malaysia, Manila

and Davao City. And some of the provisions in the draft law is said to may be

unconstitutional. The contentious issues has been resolve by the peace panels in late
August eventually. Which has indicated and caused to provisions on wealth and the

political entity's form of government. These resolutions were contained in a second draft

submitted to Aquino's office. And finally, Aquino met with MILF chairman Murad Ebrahim

a one on one discussion which Malacañang said finalized the mutually acceptable draft

law. Unfortunately, the deliberations on the proposed bill are suspended in the aftermath

of the deaths of 44 members of the Philippine National Police Special Action Force (PNP-

SAF) following a clash with BIFF and MILF rebels, and other armed groups in

Mamasapano, Maguindanao. The MILF, meanwhile, urges lawmakers not to delay

deliberations on the proposed BBL, claiming that their troops acted in self-defense during

the Mamasapano clash. Several investigations and congressional hearings were

conducted, and still president Aquino affirmed to continue working towards peace. After

a marathon of hearings, the House Ad Hoc Committee on the BBL, the passage of the

BBL has been failed before it prorogue to give way to the campaign period.

The passage of BBL was not initially set to be tackled by the 17th Congress. The first

president from Mindanao Rodrigo Duterte is sworn and vowed to finally bring peace to

the region. After being pushed by President Rodrigo Duterte, the Congress began reading

BBL for the first time in the House of Representatives (as House Bill No. 6475) and the

Senate (as Senate Bill No. 1717) on October 3, 2017 and February 28, 2018 respectively.

The MILF and the government launched formal meetings that focused on crafting the new

law that will implement the agreement, given the failure of the Bangsamoro Basic Law.

The two parties also agreed to expand the Bangsamoro Transition Council (BTC) from

15 to 21. BBL passed the second and third readings in both the House and the Senate
on May 30 and 31, 2018. On February 10, 2017 named new members of the Bangsamoro

Transition Committee which includes at least 3 members of the MILF. The 12-member

BTC finalized its draft of the Bangsamoro Basic Law and submitted the draft to Duterte.

The proposed Bangsamoro Basic Law (BBL) was certified by Duterte a day before

Congress adjourns. The release of certification comes after his meeting with Congress

leaders. The proposed BBL was approved by The House of Representatives on the las

day of its session.

Both bills were supposed to be enacted before the third State of the Nation Address

(SONA) by President Duterte, with the Senate ratified the bicameral conference

committee report on the morning of July 23, 2018. The House of Representatives failed

to push through with the measure's ratification of the bicameral conference committee

report before SONA. While the Palace was dismayed by the delayed ratification of the

report by the House, Alvarez was dismissed from the Speaker's seat and replaced by

former President Gloria Macapagal-Arroyo.

The House was only able to ratify the bicam report on Tuesday, July 24, 2018 and

then the measure was sent to Malacañang for Duterte's signature. President Duterte

signed the Bangsamoro Organic Law on July 26, 2018, The Commission on Elections

announces that the plebiscite on the landmark law will take place on January 21, 2019. It

sets the campaign period from December 7, 2018 to January 19, 2019. President Rodrigo

Duterte makes a last minute campaign for the ratification of the Bangsamoro Organic Law

(BOL) in Cotabato City despite of the obstruction Cotabato City Mayor Cynthia Guiani
Sayadi. The Commission on Elections announced on January 25, 2019 that the BOL is

"deemed ratified".

II. Salient Points of the Law (highlighting the changes from the present set-

up)

President Duterte’s administration was celebrating together with the Filipino people

especially the Moro Region for recently surpassing and fulfilling the promise of the

previous administrations to create a new Bangsamoro region in place of the Autonomous

Region in Muslim Mindanao (ARMM). It's also the culmination of a peace deal signed

between the Moro Islamic Liberation Front and past administrations.

The BOL perpetuates some of the major provisions that are agreed upon as it

highlights the changes from its present set-up. The Bangsamoro Organic Law aims to

“establish a political entity, provide 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 meaningful

self-governance within the framework of the Constitution and the national sovereignty as

well as territorial integrity of the Republic of the Philippines.”

  A bigger autonomy

The new Bangsamoro region is going to have broader autonomy, more powers

and resources, and larger territory than its predecessor. The current ARMM – Tawi-Tawi,

Sulu, Basilan, Maguindanao, and Lanao Del Sur will surely be part of the new region and

the two provinces of Marawi City and Lamitan City. It is also included the 6 municipalities

of Lanao Del Norte (Baloi, Munai, Nunungan, Pantar, Tagaloan and Tangcal) and 39

barangays of Cotabato in the towns of Aleosan, Carmen, Cabacan, Midsayap,

Pigkawayan and Pikit in North Cotabato, provided that the province and their

municipalities, as results from the first voting day in the Bangsamoro plebiscite. In the

case of Isabela City and Cotabato City, voters were asked if they wanted to join the

BARMM as they are not yet part of the ARMM. They were given the chance to choose

inclusion because many Moros live there and these cities were considered Muslim-

dominated lands before Spanish colonization. These areas previously voted to be

included in the ARMM, but their mother units voted against it.

The new region may also see even more areas added to its territory as a second

voting day that took place on February 6. That will be for the inclusion of 6 towns in Lanao

Del Norte and 67 barangays in North Cotabato.

  The Bangsamoro Transition Authority (BTA)

President Rodrigo Duterte is tasked in appointing the new government's chief

minister and officials. A transition government will be created for the mean time before it

is officially become the BARRM. The Moro National Liberation Front (MNLF), the

erstwhile rival organization of the MILF, will also be represented in the BTA. Indigenous

communities, youth, and women will also take part.

Aside from this, the 25 elected officials of the ARMM will automatically be part of the body.

This includes ARMM Governor Mujiv Hataman and current members of the ARMM's

regional assembly. If in case members of the BTA are not immediately appointed, the

Bangsamoro Transition Commission will temporarily act as "caretakers" of the new

Bangsamoro region. This is to prevent any power vacuum and help ensure smooth

transition until the BTA is formed. All of the ARMM's powers, functions, assets, facilities,

and funds, among others, will be transferred to the new Bangsamoro government. After

that, the election will be conducted in 2022 where the constitution of the parliament

government will happen.

This parliamentary government will composed of 80 parliamentarians or members

which will be headed by a chief minister and two deputy chief minister they will also

include a Wali that will act as a ceremonial head. If the chief minister will be coming from

the main land which is Lanao Del Sur or Maguindanao then the two deputy chief minister

will be coming from the other islands of the region for it to show geographical
representation. And the 80 parliamentary members will be compose of 50% local political

parties, 40% district and 10% sectoral. The sectoral seats will also composed of women,

youth, traditional leaders, non-Moro IPs or indigenous people and settlers.

 Revenues and Resources

They have the power to build their own revenue stream and the 75% of the taxes that will

be collected from the region will give back to the Bangsamoro government. The new

region will automatically have an annual block grant which is the 5% of the internal

revenue of the national government which the BTA will allocate this funds to provide the

basic services, health, education, and social welfare and development of the region.

BARMM will also have a 5 billion pesos per year for ten years in total of 50 billion pesos

which is the special development fund for the rehabilitation of the conflict affected areas

like the Marawi City. It is also a part of normalization process of the region especially the

most affected areas from the conflicts and wars that happened before for the past

decades. They will also be given the half of the revenue from the natural resources such

as gas, strategic minerals and oil.

 Peace and Order

For the judiciary, both autonomous regions give Shari'ah court’s jurisdiction

over cases exclusively involving Muslims in the region. The Shari'ah law is a justice

system that applies for the Muslim people in the region that is still accordingly based

on the Philippine Constitution. But it is also applies for the people who are Muslims
outside the region because there are Muslim laws existing already. In Shari'ah law, a

person who is not a Muslim but involve in a case can voluntarily choose this system if

the other party of the case is Muslim. The Islamic laws shall not apply on non-Muslims.

The OLBARMM gives the Supreme Court the authority to grant the incumbent

Shari'ah District and Court judges, who are not regular members of the Philippine Bar

a period to qualify. Tribal laws will still apply to disputes of indigenous peoples within

the region.

 The Bangsamoro Islamic Armed Forces (BIAF)

The MILF’s armed wing will gradually surrender their weapons and back to

their civilian life. It is also part of the normalization process. Programs for BIAF

members will be created to facilitate this, while MILF camps will be transformed into

productive communities. The deconstruction of private armies is also a priority. The

joint peace and security teams (JPST) will be temporarily created to take care of

security in the region while regional police are strengthened. The national government

will still retain powers over military and police, and will be responsible for the defense

and security of the BARMM despite of having its own separate military and police.

This does not mean that BARMM will have its own separate military and police. The

national government will still retain powers over military and police, and will be

responsible for the defense and security of the BARMM.

 There are also some special provisions like the freedom in religion, and the privilege

of the MNLF and MILF to join in the Bangsamoro Police Force that will be under the

supervision of the Philippine National Police. The National Police commission will

have the authority to waive age, height and educational attainment requirements to

facilitate the entry of the MILF and MNLF member into the police force according to

article 11, section 2.

III. Comparative Analysis with existing Laws such as the Local Government

Code

This new autonomous region is the third autonomous region that has been passed

in the Philippines. The first is the Lupang Tagapagpaganap ng Pook in 1997 during the

regime of former president Ferdinand Marcos but the Muslims refused it. The second

autonomous region is the Autonomous Region in Muslim Mindanao (ARMM) and now is

the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM). BARMM is

believed and hoped to be the start of a new chapter and the beginning of attaining the

most awaited peace and development of the whole Bangsamoro region, as well as the

country of course. Due to the countless peace talks agreements, laws that has been

signed of the past administrations and the culmination efforts of the people involved in

this matter, it is now officially been ratified.

 Bangsamoro Organic Law is a Philippine law providing for the establishment of an

autonomous political entity known as the Bangsamoro Autonomous Region in Muslim

Mindanao, replacing the Autonomous Region in Muslim Mindanao (ARMM). The powers

and provisions that has been ratified to this organic law is broader and more complex

than other existing laws such as the Local Government Code also known as The Republic

Act No. 7160. It is a fulfillment state policy, as enshrined in the 1987 Philippine

Constitution, to decentralize governance and allow autonomy for local government units

(LGUs). The Local Government Code is enacted to provide for a more responsive and

accountable structure of local government, according to Article X Section 3 of the

Constitution. And the Bangsamoro Autonomous Region will have land and water

jurisdiction, fiscal autonomy, and an increased share in national government resources,

among others. They most likely to have similarities about their provisions. But the BOL

has its own government wherein they have the freedom of self-governing and political

entity.

The Local Government Code will provide “a system of decentralization with effective

mechanisms of recall, initiative, and referendum, allocate among the different local

government units their powers, responsibilities, and resources, and provide for the

qualifications, election, appointment and removal, term, salaries, powers and functions

and duties of local officials, and all other matters relating to the organization and operation

of the local units.” LGC is a political subdivision of a nation or state constituted by law,

which has substantial control over local affairs, including the power to impose taxes, the
governing body of which is elected or appointed according to the SECTION 2. Declaration

of Policy.

In BOL, “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:

The Bangsamoro government will have exclusive authority over the following aspects of

governance: administration of justice, administrative organization, agriculture, livestock,

food security, ancestral domain and natural resources, barter trade and counter-trade,

budgeting, business name registration, cadastral land survey, civil service, classification

of public lands, cooperatives and social entrepreneurship, creation, division, merger,

abolition or alteration of boundaries of municipalities and barangays, creation of

government owned or controlled corporations and pioneer firms, creation of sources of

revenues, cultural exchange and economic and technical cooperation, culture and

language, customary laws, development programs and laws for women, labor, the youth,

the elderly, the differently-abled, and indigenous people, disaster risk reduction and

management, ecological solid waste management and pollution control, economic zones,

industrial centers, and free ports, education and skills training, eminent domain,

environment, parks, forest management, wildlife, and nature reserves conservation,

fishery, marine, and aquatic resources, grants and donations” according to the Article 5,

Section 2. Therefore, the powers and authority of the BOL is very comprehensive and

inclusive especially for the Moro people. It is indeed that no one is left behind because

the rights and the development of the non-Moros and IPs are included to the BOL.
 Local government units or LGUs, are divided into three levels – provinces and

independent cities; component cities and municipalities; and barangays. In one area,

above provinces and independent cities, is an autonomous region, the Autonomous

Region of Muslim Mindanao for example. Below barangays in some cities and

municipalities are sitios and puroks. All of these, with the exception of sitios and puroks,

elect their own executives and legislatures. Sitios and puroks are often led by elected

barangay councilors. Unlike in the BARMM, LGU are Provinces and independent cities

are organized into national government regions but those are administrative regions and

not separately governed areas with their own elected governments. The form of the

government is very different, in the BOL they have their own chief minister and the

governors will be replaced as well as the congressmen and other government official by

the parliamentarian members. Unlike in the LGC, BOL has provided sectoral seats that

will represent the different settlers in the region. While in LGC there is no sectoral and

geographical representative, whoever wins the election, he/she will sit in the position.

There is also a provision in the BOL wherein the identity is being considered and give

importance for the preservation of their heritage and way of life.

IV. Analysis (provision needed to be strengthened, deleted, impact to the

current structures)

It is indeed a major life changing and a historic event not just for the Mindanao but

also for the whole country. The Bangsamoro Organic Law does not end by just passing
and ratifying the law, it is also a continuous struggle and process for completely achieving

the development and peace of the region. There are still some part of the law that still

needs to be strengthened and someway deleted or added for it to be effectively

implemented, that also may have impact to its current structures.

The Philippine Constitution Association believes that the Bangsamoro Organic Law

will lead to the destruction and dismemberment of the Philippines. They also view the

provision as unconstitutional saying that the constitution must be amended since it only

consent to one autonomous region in Mindanao viewing the Bangsamoro Autonomous

Region as a distinct political entity to the Autonomous Region in Muslim Mindanao. It also

criticized the powers given to the Bangsamoro regional legislature which it says are

originally reserved to the Philippine Congress. It also objects to some revenue from

taxation going straight to the Bangsamoro region which it says gives "unfair" advantage

over other regions.

If there is a major support and approval to the law, there is also some oppositions

and hesitations about the law. Regarding to the type of the government which is

parliamentary, it may cause to political dynasties that can truly affect the governance of

the elected officials and members of the government itself. But the bicameral conference

committee did not include the Anti-Political Dynasty provision in the final version of the

proposed BOL after some members “strongly opposed” it. However, the rejection of the

anti-political dynasty provision is due to the strengthening of regional political parties

under the BOL according to the UST Political Science Department chairperson Dennis C.

Coronacion. That which is needed to be strengthened to avoid any problems and issues
in the long run. If the Anti-Political Dynasty is added to the provisions it could affect the

major of its structure, the parliamentary government itself. Since the 50% of the

parliament members will be designated for the parties, political dynasty is inevitable. So

it could really affect the whole structure and maybe the entire organic law itself.

Another is the annual block grant that will be given to the new region which is 5%

of the national interval revenue that is approximately more than or lower than 50 billion

pesos. It is needed to be guided and supervised throughout its allocation to make sure

that these funds will be allotted veraciously. As well as the 5 billion pesos per year special

development fund for the rehabilitation of the destructed areas in Mindanao wherein the

national government, should still, be involve to the reconstructions and normalization

processes.

Next is the special provisions for the rebel groups of MNLF and MILF to join the

Bangsamoro Police Force in related to this, is the continued and gradual

decommissioning of the MILF's armed forces. The dissolution of private armies and

weapons owned by many clans on the region. This is needed to be strengthened because

the possibility of rebellion is still at risk and the special development funds can possibly

use by the MILF to fund their weapons and armies. And going back to the special

provision of joining the Bangsamoro Police Force of the MNLF and MILF, the programs

for the BIAF members that will be created and MILF camps that will be transformed into

productive communities should also reinforce.

 Numerous indigenous groups in the Bangsamoro region do not adhere to Catholicism

nor Islam, making them vulnerable to exploitation in a proposed Muslim-controlled

regional government. In 2015, various indigenous people groups rejected the formation

of the Bangsamoro due to lack of consultation with all stakeholders, especially the non-

Muslim indigenous people who form a huge minority in the proposed region, meaning

they oppose the possible of the enforcement of the Sharia Law. That is why the provision

in Article IV, section 9 states that “the Bangsamoro government shall recognize and

promote the rights of non-Moro Indigenous peoples within the framework of the

constitution and national laws” should be strengthened for them not to feel left out about

the BOL and of course for their welfare also.

And most importantly the exclusive authority powers over the given aspects of

governance to them.

V. Conclusions and Recommendations

In conclusion, the ratification of the Bangsamoro Organic Law can pave the way to

the recognition of the posterity, identity, cause and aspirations of the Moro people as well

as the non-Moro which are the IPs, Christians and other people that is also part of the

new region. Through this organic law the aspiration of preserving the heritage, culture

and traditions of the Moros will be reinforce. And of course for the non-Moros this is also

essential because there is now a legal tool and framework that will be used by them to

officially claim their rights in peace and social, political and economic development. Giving
the opportunity of seats and representatives for the settlers and non-Moros is highlighting

the concept of inclusivity. And with this concept, the people will feel the presence of the

government, the fact that the government really cares over its jurisdiction and they include

all the people without discrimination in building the whole region. And throughout this law,

the conflict and struggle in the region will be minimized, because when there is diversity

and when there is respect on differences, the quarrels will be lessen. The social, political

and economic development are easier to achieve if there is peace because without peace

there is no development thus conflict will expectedly to commence. And this could be also

a model for the government to be applied for the whole country someday if this will be

properly implemented.

And I also have a strong feeling that if this BOL is successfully implemented this

will be the basis that a Federalism type of government could be applied for the whole

country. Because BARMM is already a federal region therefore it is a good experimental

example that we can use someday for us to see if a federal type of government is really

effective and efficient to attain the development and peace. Actually, the concept and idea

of the Federalism is really good it is just our country is not ready and even the implementer

and administrators is not ready. If we pressed this type of government it has a big

possibility of failure and we could not put the whole nation at that risk. That is why this

organic law is a really good basis for us to know how we are going to achieve it slowly but

effectively and efficiently.

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