Bangsamoro Basic Law

Bangsamoro Transition
WHAT IS IN IT FOR US?
Passing the Bangsamoro Basic Law
will:
End the long-standing suffering of
the Bangsamoro people
Foster unity and harmony
Bring in economic development
Shield against rising radicalism
 Outline of the BANGSAMORO
BASIC LAW
Preamble Powers of Bangsamoro Plebiscite
Government Justice System
Name and Bangsamoro
Purpose Intergovernmen Public Order Transition
tal Relations and Security Authority
Bangsamoro
Identity The Fiscal Autonomy Amendments
Bangsamoro and Revisions
Territory Government Economy and
Patrimony Final Provisions
General Wali
Principles and Rehabilitation
Policies Basic Rights and
Development
 PREAMBLE
BANGSAMORO

In consonance with the

Constitution, and universal
accepted principles of human
rights, liberty, justice,
democracy, and the norms and
standards of international law,
reflected of our system of life
prescribed by our faith, and in
harmony with our customary
laws, cultures and traditions.
 PURPOSE
BANGSAMORO

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 their
aspiration to chart their political
future through a democratic process
that will secure their identity and
posterity and allow for meaningful
self-governance.
 Bangsamoro Territory
The present geographical area
of the Autonomous Region in
Muslim Mindanao (ARMM)
6 Municipalities in the
province of Lanao del Norte:
Baloi, Munai, Nunungan,
Pantar, Tagoloan and Tangkal;
39 barangays in the
Municipalities of Kabacan,
Carmen, Aleosan,
Pigkawayan, Pikit, and
Midsayap in North Cotabato

the Cities of Cotabato and

Isabela
those qualified for inclusion
in the plebiscite, by way of
resolution or petition
Bangsamoro Waters
and Zones of Joint Cooperation
The Bangsamoro Government

MINISTERIAL
(PARLIAMENTAR
Y) FORM

BANGSAMO BANGSAM
RO ORO
PARLIAMENT CABINET
Legislative Authority
60 members of the
50 parliament
% Party representatives
40 District representatives
% Reserved seats &
10 sectoral representatives
BANGSAMO %
RO
3-year term, no more than
PARLIAMENT 3 consecutive terms
Wali as titular head
performing only ceremonial
functions
 Executive Authority
The executive
function and
authority shall be
BANGSAMO
RO CABINET exercised by the
Elected by majority votes
Cabinet Minister
from among the members who shall be headed
of the Parliament
CHIEF by a Chief Minister.
MINISTER
Appointed by the Chief Composition: Chief
Minister from among the
elected members of the
Minister, Deputy
DEPUTY
CHIEF Parliament Chief Minister, and
MINISTER
Majority shall also come other ministers
from among the members of
the Parliament
OTHER
MINISTERS
Intergovernmental
Relations Mechanism
A mechanism at the highest levels that
will:
coordinate and harmonize the relationship
between the Central Government and the
Bangsamoro Government
Resolve issues/disputes on intergovernmental
relations through regular consultations and
continuing negotiations in a non-adversarial
manner
Elevate unresolved issues to the President,
through the Chief Minister
Philippine Congress-
Bangsamoro Parliament Forum

For cooperation and coordination of

legislative initiatives

Intergovernmental Fiscal
Policy Board
For cooperation and coordination on
fiscal matters (e.g. harmonization of
fiscal policies, address revenue
imbalances and fluctuations, etc.)
Inter-Governmental
Relations
General Supervision
Consistent with the Principle of
Autonomy and the asymmetric relation
of the Central Government and the
Bangsamoro Government, the
President shall exercise general
supervision over the Bangsamoro
Government to ensure that laws are
faithfully executed.
Bangsamoro Justice
System

Traditional / Alternative
Shariah Tribal Justice Local Dispute
Courts System Courts Resolution

The justice system in the Bangsamoro shall

consist of Shariah law which shall have
supremacy and application over Muslims only;
the traditional or tribal justice system, for the
indigenous peoples in the Bangsamoro; the local
courts; and alternative dispute resolution
systems.
Bangsamoro Justice
System
SHARIAH COURTS
Shariah Circuit Courts
Shariah District Courts
Bangsamoro Shariah High Court

LOCAL COURTS
Local courts in the Bangsamoro shall continue to
exercise their judicial functions, as provided by law.
The Bangsamoro Government may undertake
measures to improve their workings, consistent
with the powers of the Supreme Court.
 BANGSAMORO POLICE
Chief Minister Exercise
operational control
and supervision
Bangsamoro and disciplinary
powers
Police Director
Deput Deput
y y
Provincial
City Director Municipal
Chief of Chief of
Police Police
The Bangsamoro Parliament is authorized to enact laws to govern the Bangsamoro
Police consistent with the Basic Law.

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

The defense and security of the Bangsamoro shall be the responsibility of the
Central Government. The Central Government may create a Bangsamoro
Command of the Armed Forces of the Philippines for the Bangsamoro, which shall
PUBLIC ORDER AND SECURITY
BANGSAMORO POLICE

PHILIPPINE NATIONAL
POLICE Law enforcement
and maintenance
of peace and order
in the Bangsamoro

It is part of the
Philippine
National Police.

BANGSAM
ORO
POLICE
PUBLIC ORDER AND SECURITY
BANGSAMORO POLICE BOARD

NATIONAL POLICE
COMMISSION It will perform the
functions of the
National Police
Commission in the
Bangsamoro.
The Board shall
be part of the
National Police
Commission
(NAPOLCOM).
The NAPOLCOM
shall ensure that
the Bangsamoro
Police Board
performs its
BANGSAM powers and
ORO functions within
POLICE the bounds of its
Revenue Generation
100 Taxes Transferred
Taxation %
to the
Bangsamoro

Fees and charges

BANGSAM
OROGOVER 1. Capital Gains
NMENT
Tax

according to the 2. Estate Tax

3. Donors Tax
4. DST
exclusive and Taxes Already
100
concurrent powers Devolved to the
ARMM
%
and functions of BANGSAM
OROGOVER
NMENT

the BG
25%
CENTRAL
GOVERNME National Taxes
NT Collected in the
75% Bangsamoro
BANGSAM
OROGOVER
NMENT
 Revenue Generation
Sharing in the revenues from the
exploitation, development and
utilization of natural resources

25%
CENTRAL
100 GOVERNME
NT
50% 50%
% 75% BANGSAM CENTRAL
OROGOVER GOVERNME
NMENT NT
BANGSAM
BANGSAM
OROGOVER
OROGOVER
NMENT
NMENT

Non-Metallic Metallic Minerals Fossil Fuels

Minerals

REVENUES FROM THE EXPLOITATION, DEVELOPMENT AND UTILIZATION OF NATURAL

RESOURCES
Other sources of funds
Annual Block Grant share of the
Bangsamoro in the national internal revenue,
equivalent to 4% of the national internal
revenue collection less the IRA of the LGUs
Special Development Fund for
rehabilitation and development purposes, the
amount of P7 billion for the first year, and
P10 billion paid out over 5 years, shall be
provided to the Bangsamoro Government.
ECONOMY AND
PATRIMONY
On Natural Resources
Preferential Rights of Bangsamoro People -
People from and within the Bangsamoro shall have
preferential rights over the Exploration, Development
and Utilization of natural resources of the Bangsamoro
Rights of Indigenous Peoples on Natural
Resources
Share in revenues
Preferential rights in the EDU of natural resources within
their area
Free and prior informed consent in relation to development
initiatives
ECONOMY AND
PATRIMONY
On Natural Resources | On Mining
Exploration, Development, and
Utilization of Fossil Fuels and Uranium -
Preferential rights to qualified citizens who
are bona fide inhabitants of the Bangsamoro
Subject to free and prior informed
consent of the indigenous peoples in whose
territory such natural resources are found
Indigenous Peoples
General Principles
Recognition & protection of customs
and traditions, beliefs, and cultures
of the indigenous inhabitants

Freedom from
Freedom Just and Equal
Treatment Discrimination
of Choice
Indigenous Peoples
General Principles Economic and geographical
Protection of the criteria

rights of the Individual and communal

indigenous property rights
peoples in the
Bangsamoro Cultural integrity

United Nations
Declaration on the Customary beliefs
Rights of
Historical and community
Indigenous Peoples traditions
Indigenous Peoples
On Governance | Representation

Bangsamoro Bangsamoro Council of Cabinet

Transition Parliament
Authority Leaders

Representative 2 reserved seats Representative Parliament shall

in the BTA in the Council create an
Selection of
appropriate
Interim Cabinet: nominees for Council shall
office or
Indigenous reserved seats advise the Chief
ministry for IPs,
Peoples Affairs shall be Minister on
which shall be
pursuant to matters of
Gender and part of the
customary laws governance
ethnic balance Bangsamoro
and indigenous
in the hiring Council shall Cabinet
processes
process for the also be
Plebiscite
Decision-making levels:

For the present geographic area per province

of the ARMM: and city

For the municipalities in the per

Province of Lanao del Norte: municipality

For the 39 barangays in North per barangay

Cotabato:
For Cotabato and Isabela City: per city
For the petitioning LGU: per LGU
PLEBISCITE
Information Campaigns
Objective: To inform residents regarding the
significance and meaning of the plebiscite and
to help them to cast their votes intelligently
Shall include sectoral campaigns for indigenous
communities, etc.
For information campaigns and other public
advocacy initiatives with indigenous
communities, local leaders shall be engaged to
lead discussions in their respective communities
PLESBISCITE
Information Campaigns
Public advocacy initiatives shall be
conducted within the framework of
solidarity, cooperation, and unity
Consultations shall give due respect
to the roles of indigenous and Moro
women, and encourage their active
participation
Sukran!