Issue/Question

Response

Sen. Marcos: Need to expound on the Bangsamoro – Phil. Congress Forum.

The main purpose is to harmonize legislation, particularly in the abolition or creation of congressional districts

Sen. Marcos: In case of conflict in the legislation of laws (between Bangsamoro Parliament and Phil. Congress), which law will be followed? With LGUs, an ordinance cannot contradict a law passed by Congress.

There is a provision mechanism to remove that kind of contradiction. E.g., with the power to create provinces, legislative units or congressional districts, it might work in the manner of simultaneously setting up the process.

Sen. Pimentel: If non-contiguous cities / provinces result from the plebiscite, would there be an instance of a (brgy) receiving an IRA share from both the LGU and the Bangsamoro?

Yes, there would be an automatic appropriation for all LGUs under the Bangsamoro.

Sen. Pimentel: How would the Bangsamoro Dev’t Plan be implemented in consonance with existing Provincial and Regional Dev’t (long-term) Plans? The Regional have an over-all plan for each province.

During the transition phase, until such time that they are constituted as part of the Bangsamoro, they still belong to the province / region.

Sen. Marcos: On power-sharing

The Bangsamoro Police would still be a part of the PNP, within the bounds of its authority.

Sen. Marcos: Would the police be under the direct control of the Chief PNP or the Regional Commander? Do they still go through the Police Board (Napolcom)?

The chain-of-command would still be intact under a shared power arrangement. The Bangsamoro police shall have operational control, and the Chief Minister will also exercise power.

Sen. Marcos: For LGUs, the chain of command is clear. There is no sharing of power.

For police matters with implications beyond the Bangsamoro, authority will be exercised by the Chief PNP or the Regional PNP. But within the Bangsamoro, the Chief Minister will exercise basic operational control.

Sen. Marcos: How about the adoption of policies, e.g., the ongoing lifestyle check among the police – will this apply to the Bangsamoro police? The power-sharing scheme is vague. For instance, will they be wearing the same uniform?

The same national laws will apply to the Bangsamoro. Only basic operational issues will be under the direct supervision by the Chief Minister.

Sen. Marcos: In case of conflicting orders, would the Chief Minister be the one to ultimately decide?

Yes, for deployment (of forces) on critical areas within the Bangsamoro, for all operational matters.

Sen. Marcos: For supervisory and management matters, the Chief PNP issues the command, e.g., on the promotion system.

Pls refer to Section 8 (power of the Chief Minister over the Bangsamoro Police). He has the power to “select”, which is recommendatory in character.

Sen. Marcos: Can the Chief PNP countermand the order of the Chief Minister?

In principle, yes. The Chief Minister follows the regulations of the Napolcom. This (countermanding) happens with LGUs as well.

Sen. Marcos: With LGUs, the chain of command is clear. Crame’s orders supersedes all others.

(Details will be discussed further).

Sen. Pimentel: The tax-sharing scheme is very different from LGUs. They remit first, then wait for their IRA. The percentage is also very different.

Pls refer to the manner of calculating the block grant. The benchmark of two years before is used. Hopefully, a collection office of the BIR will be set up in the Bangsamoro.

Sen. Pimentel: A direct remittance of 75% is directly remitted to the Bangsamoro, and 25% to the National Gov’t?

This is just for the Bangsamoro to retain the 75%. This arrangement is going to be unique for the Bangsamoro, because it takes off from the ARMM (set-up). This is just an enhancement of the existing arrangement.

Sen. Marcos: In the definition of the Bangsamoro people “Those who are natives as identified during the colonization” – how is this determined? How about the status of people who moved to the Bangsamoro after the colonization?

(Chairman Iqbal shared a brief history of the term “Moro” as applied by the Spaniards to all Muslims in Mindanao – a religious term). The Bangsamoro came up in 1954(?) when a petition was signed against granting independence as part of the Phils. The Moros wanted to be called a ‘Moro nation’ – and this originally included indigenous peoples. Migrants (Christians) only came in the 1930s(?) during the American regime. There was a wholesale migration, and the basic rights of the Moros were extended to them.

Sen. Marcos: Those who migrated to Bangsamoro will not be considered as a part?

If they choose to, they can by self-ascription. Everyone who resides within the Bangsamoro area – all inhabitants – will get the same rights.

Sen. Marcos: How can they be identified? How can we trace the lineage of those who, by self-ascription are Bangsamoro?

They won’t be required to produce documents or papers to avail of rights provided to all inhabitants of the Bangsamoro.

Sen. Marcos: What is the procedure for the migrant to be identified as a Bangsamoro?

No procedure is required. As long as he is a descendant or a spouse of a descendant.

Sen. Marcos: By blood or affinity (is enough)?

(Refer to) the national laws on indigenous peoples. As long as they maintain the cultural practice and way of life. Refer to (laws on) preferential rights of indigenous peoples.

Sen. Marcos: If they could not show any lineage, can they still self-ascribe? E.g, second-generation residents such as the Ilocano teachers brought to Mindanao who have chosen to stay. In terms of basic rights or preferential rights?

They can become honorary (Bangsamoro) and accepted (as residents). The Parliament can pass legislation to adopt a self-ascription process.

In terms of basic rights, yes. Preferential rights also include native inhabitants of other areas, or the indigenous tribes, or those who by self-ascription (become Bangsamoro). It won’t matter as long as they are inhabitants.

Sen. Ejercito: On the provision to grant tax exemption. There is a constitutional requirement about passing a law granting tax exemptions.

 Pls refer to (provisions on) delegated BOI tax investments. They are limited to granting tax incentives.

On the law creating the BOI (in ARMM), the same idea is extended.

Sen. Ejercito: “Tax holiday” was used in ARMM, not tax exemption.

Tax incentives usually came as income tax holidays and exemptions from business tax (Art. 9 Section 13)

Sen. Ejercito: Heard reports from neighboring provinces in Mindanao that they are skeptical and are not keen on joining the Bangsamoro.

Chair Iqbal: Because of fear from the fact that they lack information about the law. They fear they would have less devolved power. We therefore need massive information dissemination, more consultations on the ground. It is the principle of consent of the governed, but must not be based on misinformation.

It is human nature to fear the unknown. This must be discussed thoroughly and examined for its intrinsic value.

Sen. Ejercito: Will Bangsamoro coordinate with NEDA or the Mindanao Dev’t Authority re: a Masterplan, how about the Mindanao Dev’t Plan 2020?

The Bangsamoro Dev’t Plan is consistent with the national development plan. Yes, the plans must harmonize to follow a single track. The past years have not been open to development because of the armed conflict. This (BBL) sets up a system for security, which will pave the way for development of areas left behind (in terms of progress).

Sen. Ejercito: Concern over the block grant.

(Bangsamoro Parliament) will enact an appropriations law. Will synchronize the GAA with the Mindanao Dev’t Plan. There are mechanisms in place (for this). The block grant will jumpstart the development process. After generating enough revenues, the grant will be decreased.

Sen. Ejercito: Other LGUs find this an unfair arrangement, and CAR is also planning to file a similar bill because of the “preferential treatment”.

Pls refer to Art. 12 Sec. 19 on Fiscal Autonomy. The block grant will be decreased (eventually).

Sen. Ejercito: On a mechanism for reporting compliance to accountability (requirements).

The Bangsamoro Auditing will (ensure accountability) but without prejudice to the COA. This is like the internal audit done by private corporations, like an additional auditing support. The Inter-governmental Relations mechanism shall address any issue re: fiscal matters.

Sen. Ejercito: Will the COA be allowed to disallow (expenses)?

Yes.

Sen. Pia Cayetano: Will education be an exclusive jurisdiction of the Bangsamoro? What are the implications for the SUCs (state universities & colleges) in the Bangsamoro in terms of budget and structure as far as CHED is concerned? Will they recognize CHED?

For SUCs created by national legislation, national laws will apply. Pls refer to (BBL). SUCs will continue to enjoy autonomy. The provision only calls for a representative of the Bangsamoro in the Board of SUCs. There is an existing ARMM CHED, and the challenge is for the Bangsamoro to create their own SUC, as other LGUs.

Sen. Pia: CHED rationalization is against the creation of more SUCs because the quality of education decreases, and they just need to improve the existing ones.

When it comes to standards (of education), national standards will have to be met, if not exceeded. Existing SUCs will continue under CHED.

Sen. Pia: Re: Health sin taxes. Will Bangsamoro receive proceeds of sin taxes for health initiatives?

Yes. There is regulation of games and amusement within the Bangsamoro

Sen. Pia: I suggest you lobby for health facilities within the Bangsamoro.

The Special Dev’t Fund will cover that. Health and education are priorities under the Bangsamoro Dev’t Plan. Health is already devolved under ARMM. The block grant should account for all devolved functions.

Sen. Pia: How would environmental management problems be addressed if the problem is shared by both areas in the Bangsamoro and the neighboring areas that are not Bangsamoro?

We can learn from other models (of environmental management) e.g., the Liguasan Marsh runs through other provinces.

Sen. Pia: How about career positions occupied by existing employees?

These will have to be reviewed by the BTA.

Sen. Marcos: After the plebiscite, how will you handle LGUs that are non-contiguous – one part (barangay) voting FOR, and another part voting AGAINST?

The law will provide how (the results of) a plebiscite will be determined. Those which are not part of ARMM will be determined at the municipality level. The votes will be respected, even if the resulting province is not contiguous.

Sen. Marcos: Will barangays still be considered part of their municipality? There is a possibility of enclaves outside of the Bangsamoro region.

The barangays will be reconstituted.

This is possible with the 39 barangays in Cotabato. Other countries also have that situation.

Sen. Marcos: After the plebiscite, will the barangay (with the different vote) be considered segregated from the municipality? My concern is that the barangay must be a part of a town.

During the transition period, it would be practical to consider them as still part of their municipality. There should be coordination between the National Congress and the Bangsamoro Parliament e.g., the 6 municipalities in Lanao del Norte and 39 barangays in Cotabato.

There is a Transitory Provision on the powers of the BTA. BTA can resolve that.

Sen. Marcos: Will all questions be resolved by the BTA, not the BBL itself?

If not the BTA, the Parliament will resolve those issues.

Sen. Marcos: But if it’s important enough, must act immediately. Barangays will be in limbo without a transitory provision.

Sen. Marcos: What is the extent of the powers of the Inter-Governmental Relations body?

They will have a joint secretariat. But there will also be other bodies for that purpose, e.g., with regard to fiscal policy. But a joint secretariat will be the more general body.

Sen. Marcos: Please give us a list of all gov’t bodies required by the BBL to be created.

With the ARMM, the relationship with the national government is vertical. But Bangsamoro’s is symmetrical. It will operate on the principle of continuing negotiations or continuing engagement through the Inter-Governmental Relations body.

Sen. Marcos: Is this captured by the phrase “parity of esteem”? (Art. 6 Sec. 2)

There is an overriding, cross-cutting principle of mutual respect. The goal of the Inter-Gov’l Relations body is to talk about it. In any case of non-agreement, has general supervision within the powers of the Central Government.

Parity of esteem is not the same as parity of jurisdiction or parity of power.

Sen. Marcos: Re: Decommissioning of armaments. Will there be a timeframe?

Pls refer to the Annex on Normalization. There will be a turnover of weapons within the year. The MILF will give the names of its combatants. In fact, decommissioning is being undertaken now, and there are meetings for security arrangements.

This will be done in four phases. By 2016 it will be done in time for the elections.

Sen. Pimentel: Noticed that you avoided the term “political subdivision” and used instead “political entity”. (Sec. 1). Can we replace political entity with ‘autonomous region’?

We request that the term and original language be retained so as not to confuse the Bangsamoro with ARMM.

Sen. Marcos: Is this not a state within a state? This would seem to describe a state within a state. Would agreements with other ASEAN nations threaten Phil. Sovereignty?

Foreign policy remains with the National Government. Agreement with other nations will be facilitated through the DFA.

Sen. Marcos: Re: Exclusive right to barter trade. LGUs are not allowed to take out loans, etc.

Under devolved powers, barter trade (is allowed), and promotion of investments to come to Bangsamoro. Will invite investors to come in for barter. This is a private economic activity.