These are the questions raised during the "Understanding the Bangsamoro Organic Law" forum organized by the Institute for Autonomy and Governance (IAG) at the Notre Dame University Gymnasium in Cotabato City on August 4, 2018. The forum – the first of a series IAG will undertake that will comprehensively and objectively discuss the contents of the BOL – was a partnership with Notre Dame University, Notre Dame Broadcasting Corporation, Konrad Adenauer Stiftung Philippines, with support from the Australian Department of Foreign Affairs and Trade (DFAT).

The answers were provided by a team in the Bangsamoro Transition Commission (BTC) led by Commissioner Raissa Jajurie.

 

1. What will happen to those employees who will NOT be affected, like employees in the health sector, considering the renaming of positions, title or plantilla? Will their salaries be affected?

The salaries of the employees in the Bangsamoro Autonomous Region shall be in accordance with the national Salary Standardization Act, as provided in the Bangsamoro Organic Law. Hence, if the present salaries of the ARMM employees are in accordance with the same salary standard, their salaries will remain the same.

 

2. Roughly, how much is the block grant of five percent of the net national internal revenue?

As we have no accurate figures about the collections of the BIR and the BOC yet, we can only make estimates. The estimates range from P60+B to P70+B.

 

3. In operational terms, how will it look like when a resource is co-managed?

It means that when there are applications for the exploration, development and utilization of the resource, the decisions to be made on these applications shall be made jointly by the Central and the Bangsamoro Governments. Section 10, Article XIII lays down the procedure by which this joint decision-making process shall be made, to wit:

The National Government, through the Department of Energy, and the Bangsamoro Government shall adopt a competitive and transparent process for the grant of rights, privileges, and concessions in the exploration, development, and utilization of fossil fuels and uranium.

The Department of Energy and the Bangsamoro Government shall identify and select prospective contract areas to be offered for exploration and development. Qualified Filipino citizens who are bona fide residents of the Bangsamoro Autonomous Region shall be given a rating higher than other proponents during the evaluation process. The award of the service contract shall be made jointly by the Department of Energy and the Bangsamoro Government.

 

4. Of the 75 percent share of the income tax and value added tax collection, what percentage will be allocated to LGUs like Cotabato City? Will the IRA of LGUs still continue?

The IRA of the constituent LGUs of the Bangsamoro shall continue to be received by them directly from the Central Government.

 

5. Will the 39 barangays of Cotabato Province remain in Cotabato Province even if they opt in during the plebiscite?

The 39 barangays of Cotabato Province, if they are able to join the Bangsamoro Autonomous Region, shall be reconstituted into appropriate political unit(s) to be determined by the Bangsamoro Parliament/ Bangsamoro Transition Authority. They shall no longer be part of Cotabato Province, assuming that Cotabato Province will not join the Bangsamoro Autonomous Region.

 

6. What are the plans and how will the Bangsamoro government address those groups who will continue to struggle even after the establishment of the BARMM?

Since rebellion or any kind of insurgency cannot be successfully addressed only through military action, the Bangsamoro Government can work on the root causes of the rebellion.   These would include all ways by which political, cultural and socio-economic injustice can be addressed, and may involve putting transitional justice mechanisms in place, ensuring good governance, massive poverty alleviation measures, strengthening peace-building efforts, and the like.

Since the policing in the Bangsamoro as well as national defense and security are powers that shall be retained by the Central Government, the military aspect of addressing security, peace and order shall be with the Central Government.

 

7. Who will handle or supervise the incoming plebiscite?

The Commission on Elections (COMELEC) shall supervise and administer the upcoming plebiscite.

 

8. Who will make the phase-out plan of the ARMM agencies and who will approve it?

The transition plan shall be proposed by the Chief Minister, which shall then be submitted to the Bangsamoro Transition Authority. The BTA, by a majority vote, shall approve or otherwise act on the submitted plan within 10 days from receipt thereof. If there is no action from the BTA within 60 days of receipt, the plan shall be deemed approved as submitted. In any case, the plan shall be implemented within 15 days from its approval.

 

9. Will the BTC be part of the BTA?

The BTC will not be part of the BTA. What the BOL provides is for the BTC to be caretaker of the administration of the Bangsamoro Autonomous Region during the period between the ratification of the BOL through the plebiscite and the constitution of the BTA. This is to prevent any vacuum in the governance of the region, and is intended to be a temporary arrangement.

 

10. We want our barangay to be part of the BARMM but we don’t want the contiguous municipality to be our mother municipality. What will happen then?

If the barangay is able to get the required votes, the barangay will then become part of the Bangsamoro Autonomous Region. The Bangsamoro Parliament (or the Bangsamoro Transition Authority) shall, by law, reconstitute the areas in the Bangsamoro into the appropriate territorial or political subdivision, considering all circumstances. Hence, if the barangay that joined the Bangsamoro would want to lobby for an arrangement that would not make it to be part of the contiguous municipality, the residents of such barangay should communicate such sentiment and the reasons therefor to the Bangsamoro Parliament/ Bangsamoro Transition Authority.

 

11. Who will represent the youth in the Parliament? Should he or she come from the Sangguniang Kabataan Provincial Federation presidents? If not, will the SK still exist?

The Bangsamoro Parliament has a reserved seat for the youth of the Bangsamoro. The election of a representative who will occupy such position shall be in accordance with the provisions of the Bangsamoro Election Code to be passed by the Bangsamoro Transition Authority.

 

12. Wouldn't it be better if there will be four deputy chief ministers to represent Lanao, Basilan, Sulu and Tawi-Tawi if the chief minister will come from Maguindanao?

The BOL intends to unify the Bangsamoro region, and all of its inhabitants. Hence, the concept of having Deputy Chief Ministers was included in the structure of government. There is no intention, however, to give representation for ALL ethnicities and ALL provinces in the leadership of the executive department. Otherwise, the leadership would be unruly. In any case, there will surely be representation in the Bangsamoro Parliament, as there are district representatives coming from all the provinces and geographical areas of the Bangsamoro, and there can also be representatives who may be elected through party-list election, by way of province- or ethnicity-based parties.

 

13. For sectors with reserved seats, can they still run as candidate?

All the sectors or identities in the reserved seats can also opt to establish their own parties or to join other multi-sectoral political parties and field their candidates to vie for seats in the Parliament under the party-list system. The reserved seats are intended to ensure that all these sectors and identities will always have representation in the Bangsamoro Government, even if they are not able to get seats through district or the party-list election.

 

14. Can a barangay contiguous to the ARMM petition to join the BARMM even if the mother municipality doesn’t want to?

The BOL requires double majority vote in order for the barangay to join the Bangsamoro Autonomous Region. This means that the barangay should get an affirmative answer in the majority of the votes cast in the barangays, as well as the consent of the mother municipality. The consent of the mother municipality shall be given through a majority “yes” vote among the valid votes cast in the said municipality.

 

15. Will the current ARMM still be required to undergo the plebiscite even if it is already stated in the BOL that it is automatically included in the territorial jurisdiction of the BARMM?

The current ARMM will have to ratify the new autonomy law, which is the Bangsamoro Organic Law. Hence, they will have to undergo voting in the plebiscite for this purpose. The BOL does not provide that the current ARMM shall be automatically included in the territorial jurisdiction of the new political entity. What it provides is that the current ARMM shall be counted as one unit in appreciating the votes cast within its territorial jurisdiction.

 

16. Will there be qualification standards for those who will be nominated to the BTA? How many will be its composition? How will they be selected or nominated?

There will be eighty (80) members in the Bangsamoro Transition Authority. However, upon ratification of the BOL, the elected officials of the ARMM shall be included as members of the BTA until their term expires on June 30, 2019. Hence, up to such a date, the members of the BTA shall be around 125, including the 25 ARMM elected officials. Thereafter, the membership of the BTA shall only be 80.

The Moro Islamic Liberation Front (MILF), as the party that negotiated for the creation of the new political entity, shall lead the BTA. Hence, it is expected that the MILF nominees will compose the majority of the BTA.

The other Moro front, the Moro National Liberation Front (MNLF) shall likewise be represented in the BTA.

Sectors and identities, such as non-Moro indigenous communities, youth, women, settler communities, traditional leaders, shall likewise be represented in the BTA.

Save for the elected officials of the ARMM who shall be in the BTA up to June 30, 2019, as provided in the BOL, the President shall appoint all the members of the BTA.

While the BOL does not provide for specific criteria for the members of the BTA, it does provide guidance as to the allocation of the seats. The other qualifications of the members of the BTA should be seen in the light of the tasks that are within the mandates of the BTA.

 

17. If Cotabato City will be included in the BARMM, will the city have a chief administrator? Will barangay chairmen be retained?

If Cotabato City will be included in the BARMM, it shall retain all the barangays and the leaders thereof, until new elections are held for the barangays. The city shall still have its own chief administrator as it retains its structure and powers.

 

18. Is it true that some government employees will lose their jobs because of the BOL?

Because the Bangsamoro Autonomous Region is a new political entity, its creation will entail the abolition of the existing ARMM. The separation of some employees of the ARMM is a necessary consequence of establishing this new entity that shall have a new bureaucracy that will be suited to the powers and mandates provided by the Bangsamoro Organic Law.

 

19. Is it true that only those municipalities mentioned in the BOL to form part of the BARMM are the ones who will participate in the plebiscite?

Contiguous municipalities and barangays that are not specifically mentioned in the BOL may still become part of the Bangsamoro, provided that they submit to the COMELEC a petition or a resolution showing their intention to be included in the plebiscite. The petition should be supported by at least ten (10%) of the registered voters of the petitioning municipality or barangay. The resolution should be duly approved and signed by the local government of the municipality or barangay.

 

20. Will there be sustainable development in Mindanao because of the BARMM?

That is the intention, as provided in Sections 2, Article XIII of the Bangsamoro Organic Law, which read:

SEC. 2. Equitable and Sustainable Development. – In order to protect and improve the quality of life of its inhabitants, the development in the Bangsamoro Autonomous Region shall be carefully planned, taking into consideration the ecological balance and the natural resources that are available for its use and for the use of future generations.

The Bangsamoro Government shall promote the effective use of economic resources and endeavor to attain economic development that facilitates growth and full employment, human development, and social justice.

The Bangsamoro Government shall likewise provide equitable opportunities for the development of constituent local government units and shall strengthen governance systems toensure people’s participation.

SEC. 3. Comprehensive Framework for Sustainable Development. – The Bangsamoro Government shall develop a comprehensive framework for sustainable development through the proper conservation, utilization, and development of natural resources, which shall guide itin adopting program and policy mechanisms that focus on the environment dimensions of social and economic interventions. It shall include measures for environmental justice and governance, as well as for the reduction of the vulnerability of women and marginalized groups to climate change and variability.

Aside from those quoted above, there are other provisions of the BOL that are also intended to guide the policy framework of the Bangsamoro in terms of the utilization of natural resources within its territorial jurisdiction. Hence, in relation to the power of the Bangsamoro Government to declare and manage protected areas, provides that the areas so declared shall be managed in accordancewith sustainable development and biodiversity conservation policies and principles as contained ininternational conventions and treaties to which the Philippines is a party.  In reference to the power to explore, develop and utilize fossil fuels and uranium, the BOL provides that the use ofrenewable energy shall be promoted for power generation to achieve the sustainable development goals and promote low carbon energy generation policies.

 

21. Is it true that the BOL will remove some offices while retaining others such as DepEd?

Because the Bangsamoro Autonomous Region is a new political entity, its creation will entail the abolition of the existing ARMM. The separation of some employees of the ARMM is a necessary consequence of establishing this new entity that shall have a new bureaucracy that will be suited to the powers and mandates provided by the Bangsamoro Organic Law. However, some sectors in the ARMM bureaucracy that provide the most basic services shall be retained, and its employees shall be absorbed. These sectors include the education, health and social welfare sectors. A human resource audit will be conducted, and for the absorbed and the newly-hired employees to continue their service, they have to pass the audit.

 

22. What would happen if Cotabato City voted no in the plebiscite?

If Cotabato City gives a no vote, then it will not be part of the Bangsamoro Autonomous Region, and shall continue to be part of Region 12.

 

23. How important is the Moro identity as opposed to just being regular citizens of the Philippines?

Keeping the Bangsamoro identity is at the core of the struggle for the right to self-determination. The whole struggle of the Bangsamoro people is hinged on this identity, which has developed over a common history of struggle against colonization and oppression. Keeping this identity gives legitimacy to the Bangsamoro cause and to the autonomy arrangement that is provided in the BOL.

 

24. How will the regional offices under the national agencies in the current ARMM be reconfigured once the BOL takes effect? Will some offices be removed, others created?

If a regional office’s mandate is within the powers of the Bangsamoro Autonomous Region, then the said office will be abolished by the Central Government, in order to give the Bangsamoro Government the power to establish its own office covering the said mandate. The matter of terminating or transferring the employees of said regional office shall be within the disposition of the Central Government.

If the regional office’s mandate is retained by the Central Government, then these offices will be retained, and shall continue to operate according to the office’s mandate, unless otherwise provided in the BOL.

 

25. What will happen to employees under the national government or national line agencies once the BOL takes effect? Will they be absorbed in the BARMM?

If a regional office’s mandate is within the powers of the Bangsamoro Autonomous Region, then the said office will be abolished by the Central Government, in order to give the Bangsamoro Government the power to establish its own office covering the said mandate. The matter of terminating or transferring the employees of said regional office shall be within the disposition of the Central Government.

If the regional office’s mandate is retained by the Central Government, then these offices will be retained, and shall continue to operate according to the office’s mandate, unless otherwise provided in the BOL.

 

26. What does the BOL say about AFP and PNP? What is their role in the BARMM?

The BOL provides that the Central Government shall continue to be responsible national defense and security. Hence, the Armed Forces of the Philippines is within the retained powers of the Central Government.

The Philippine National Police shall set up a PNP Regional Office in the Bangsamoro Autonomous Region to take charge of public order and safety in the region.

 

27. How do we explain the BOL to Christian settlers who are worried about its implementation?

The BOL seeks to establish a new political entity that will have autonomy in governing its affairs. The new entity will have a parliamentary form of government, and will be secular in character. The rights of both Bangsamoro and non-Bangsamoro are guaranteed by the Constitution and by the BOL. Of interest to Christian settlers are to following provisions:

(1) inclusion of two (2) representatives of settler communities in the reserved seats in the Parliament

(2) representation in the Bangsamoro Transition Authority during the transition period

(3) representation in the Council of Leaders, which is a body that advises the Chief Minister on governance in the Bangsamoro

(4) creation of the Office of Settler Communities that shall promote the welfare and address issues and concerns of 15 settlers in the Bangsamoro Autonomous Region

(5) guarantee of the Bangsamoro Government to protect religious freedom and the free exercise thereof pursuant to the Constitution, national laws, and principles of international law. This guarantee includes the protection of all persons from harassment or any undue pressure, coercion, and violence on account of religion. The BOL likewise provides that any establishment and institution shall be free to implement policies and undertake activities pursuant to their respective religious beliefs and values

 

28. What happens after the plebiscite? What is the timeline in terms of implementation of the BOL after the plebiscite?

If the majority votes yes in the plebiscite, then the Bangsamoro Autonomous Region is established. By operation of law, the existing ARMM is deemed abolished, and members of the Bangsamoro Transition Authority shall be appointed, as the interim government of the Bangsamoro. In order to prevent any vacuum should the members of the BTA not be immediately appointed, the Bangsamoro Transition Commission shall act as caretaker of the administration of the Bangsamoro Autonomous Region until the BTA is constituted.

A phase-out plan will be adopted by the Bangsamoro Transition Authority, pending which all appointive officials of the ARMM are expected to carry out their duties. The BTA shall work on priority legislations, including the Administrative Code, Election Code, Revenue Code, and Local Government Code. The BTA shall establish its bureaucracy, without prejudice to the authority of the regular Bangsamoro Government to reorganize the bureaucracy upon its constitution or any time thereafter. The BTA shall exercise all legislative and executive functions of the Bangsamoro Government during the transition period.

In 2022, the first elections for the officials of the Bangsamoro Autonomous Region shall be held, in accordance with the Election Code that is passed by the BTA. The BTA is dissolved upon the election and qualification of the Chief Minister under the first Parliament.

 

29. What would happen to the commanders of the Bangsamoro Islamic Armed Forces with the implementation of the BOL?

The peace agreement with the Moro Islamic Liberation Front provides for a normalization process, which includes among others, the decommissioning of its forces in a graduated manner, transformation of the Force’s camps, and socio-economic development. There will be a program for the members of BIAF so that they are able to transform into productive civilian life.

 

30. Will selling of pork in Cotabato City be banned if the city decides in favor of BOL?

No. Selling pork will not be banned in the Bangsamoro. There are enough provisions in the BOL clearly protecting religious and cultural freedom.

 

31. How would the BOL or BARMM government address the issue of power concentration to the Maguindanaons? What will happen to the other tribes?

The BOL is cognizant of the need to have a more inclusive governance. Hence, the Parliament shall have various openings for representation of the different ethno-linguistic groups. There will be district representation, to ensure that all areas—near or far from the center of the Bangsamoro Government— shall have a voice in the Parliament. The party-list election will also provide for another window where territory- or ethnicity-based parties may vie for seats in the Parliament. In the structure, it is also provided that the 2 Deputy Chief Ministers shall come from sub-regional areas other than those from where the Chief Minister comes.

As to the bureaucracy of the Bangsamoro Government, the BOL states that in the hiring process, ethnic balance is one of the factors to be considered, such that no ethnic group dominates, and that all ethnicities are given the chance to be part of the bureaucracy.

 

32. If a city voted yes in the plebiscite but the mother unit voted no for its inclusion in the BARMM, what will happen?

If a component city voted yes, but it has a mother province, there is a requirement for double majority. This means that the city should get a majority yes, and the mother province will have to also give its consent by way of a majority yes vote. Not getting the majority yes in either the component city or its mother province will disallow the inclusion of said city in the Bangsamoro.

 

33. Is it true that once BOL takes effect, employees will lose their jobs although they will be given separation pay and they can re-apply after five years?

Because the Bangsamoro Autonomous Region is a new political entity, its creation will entail the abolition of the existing ARMM. The separation of some employees of the ARMM is a necessary consequence of establishing this new entity that shall have a new bureaucracy that will be suited to the powers and mandates provided by the Bangsamoro Organic Law. However, some sectors in the ARMM bureaucracy that provide the most basic services shall be retained, and its employees shall be absorbed. These sectors include the education, health and social welfare sectors.

For those who will be separated, there is a compensation package that ranges from one (1) month’s salary per year of service to two (2) months’ salary per year of service, depending on the length of service of the employee.  

If the employee is separated and gets the separation, s/he may still reapply, but the BOL says that if the employment in the Bangsamoro or in any government entity is made within five (5) years from separation, the separation pay received will have to be proportionately returned. Beyond the five (5)-year period, there is no need to return the separation pay.

 

34. What will happen to a city or municipality, for instance in ARMM, if majority of the voters voted NO during the plebiscite?

The votes in the territorial jurisdiction of the ARMM shall be counted as one. This means that all votes cast within the ARMM will be appreciated together, and the majority votes will be based on the totality of all the votes in the territorial units within the ARMM. If a particular city or municipality gets a majority of “no” votes, the said city or municipality will not be excluded from the Bangsamoro Autonomous Region, if the majority vote in the whole of the ARMM is a “yes”.