The proposed Bangsamoro Basic Law (BBL) promises change. But is it a good one? IAG's five-part BBL talkshop series attempted to put a face to the new autonomous political entity envisioned in the BBL. Here are our key takeaways.
1. Crafting the BBL entailed finding the right balance between the Constitution and the consistency of the basic law to the provisions of the Comprehensive Agreement on the Bangsamoro (CAB).
The CAB is the compilation of all agreements between the Philippine government (GPH) and the Moro Islamic Liberation Front (MILF), most important of which are the 10 decision points on principles the parties reached in April 2012 and the Framework Agreement on the Bangsamoro and its four annexes presented and signed in a ceremony in Malacañang in October 2012. President Benigno Aquino issued an executive order two months later creating the Bangsamoro Transition Commission (BTC) whose task is to translate the CAB – a political document – into a legal tender, which is now the BBL. From the BTC, the draft law was transmitted to the Office of the President. There, the draft law was put under further scrutiny to ensure that it does not violate the Constitution.
“Because the BBL will be passed through Congress, we have to see that it complies with the Constitution. On the part of the MILF, we were made to understand that the government will not sign a document that is contrary to the Constitution,” MILF peace panel member Prof. Abhoud Lingga said at the talkshop.
This is the farthest point the 17-year history of the GPH-MILF peace table aimed at ending the insurgency in the South has reached.
2. A prominent feature of the BBL, the provision on “asymmetric relationship” between the Central Government and the Bangsamoro Government often attracts scrutiny for its novelty and constitutionality.
Our talkshop panel in the first series said this relationship is defined well in the BBL and it is constitutional.
According to Al Amin Julkipli, legal counsel with the GPH peace panel, asymmetry is an acknowledgement that the relationship between the Bangsamoro Government and the Central Government is based on the identity of the Bangsamoro and its requirements for self-governance. “That is why we’re setting up power relations and wealth-sharing along those lines.”
“When you adopt that asymmetry you recognize that there are people who are different from the majority. [Hence you] look for political and socio-economic arrangement that will suit them,” Lingga said.
Julkipli believes that this arrangement will give the Bangsamoro identity “elbow room” to flourish. It also makes the Bangsamoro region distinct from other regions and other local governments. This means that it is higher than the local government units (LGUs) but lower than the national government.
Edmund Tayao, University of Santo Tomas (UST) political science professor and political analyst, said that asymmetrical relationship is an option available to democratic states like the Philippines to hold together a multi-cultural society. This intent to recognize the distinct identity of a particular people was acknowledged by the framers of the 1987 Constitution when they included the provision on autonomous regions in Muslim Mindanao and in the Cordilleras whose respective populations share common and distinctive historical and cultural heritage, economic and social structures.
For Julkipli, the fact that the provisions on autonomous region (Article X) in the Constitution are separate reflects the intent of its framers to “really draw the line in some ways between the LGUs and autonomous regions.”
Julkipli is confident that the character and spirit of asymmetry and the intent to set up this kind of relationship are reflected in the Constitution even if the word per se is not found.
3. One application of asymmetry is the parliamentary and ministerial form of government of the Bangsamoro. And this is within the boundaries of the Constitution, our talkshop panel assured.
The BBL says: “The Bangsamoro Government shall be parliamentary. Its political system is democratic, allowing its people to freely participate in the political processes within its territory.” (Art. IV Sec. 2)
Moreover: “The Bangsamoro Government shall adopt an electoral system suitable to a ministerial form of government, which shall allow democratic participation, encourage formation of genuinely principled political parties, and ensure accountability.” (Art. IV Sec. 3)
Prof. Tayao lauded the decision to adopt a parliamentary system for the Bangsamoro, saying that the nation now has the opportunity to look at different political systems.
There are two features that stand out, Prof. Tayao said: the collegial nature of the Parliament and the broader representation in government of different groups and sectors.
In a parliamentary system, all ministers, including the Prime Minister, talk as equals. This is a sharp contrast to the cabinet setup under the presidential system wherein the secretaries are expected to toe the line of the President who appointed them. Ministers, unlike cabinet secretaries, will get their mandate not from the Prime Minister, but from the people who elected them.
Prof. Lingga added also that compared to the presidential system, the parliamentary system is more efficient and closer to Muslim practices and traditions such as the sultanates.
Meanwhile, the provisions on the composition, classification and allocation of seats, and election for reserved seats for non-Moro indigenous peoples (Art. VII, Sections 4, 5, and 6) would seem to ensure that the Parliament will be inclusive.
The BBL classifies and allocates seats in the Bangsamoro Parliament as district seats (40%) to be elected from single member parliamentary districts, party representatives (50%) who win seats through a system of proportional representation, and reserved seats or sectoral representatives (10%) to include non-Moro indigenous communities, settler communities, and women.
Prof. Tayao’s reading of this seat allocation is the Bangsamoro Parliament will adopt a mixed system such as the one practiced in Germany. He added that political parties, unlike in the traditional elections, will be strengthened under this system.
The BBL also states than “a free and open regional party system shall be allowed to evolve” and that “only regional political parties duly accredited by the Bangsamoro Electoral Office may participate in the parliamentary elections in the Bangsamoro.”
“Political parties will organize according to their ideology, principles, and platforms. Political parties in the Bangsamoro will be different from the national that are political parties only in name, run by particular individuals or a single individual, in fact. In the Bangsamoro, when they campaign, they campaign to get support for the party, not a particular person,” Prof. Tayao explained. This means that a strong political party will have the power because it is organized, and the members are the ones to determine who from among them will represent the party in the Parliament.
Randolph Parcasio, ARMM expert and consultant, said he likes the idea of having political party representatives who will bring to the regional assembly policies and programs representing the ideology of their respective parties.
Deploring the “prevailing multi-party system [where] you can float like a butterfly and select whatever party is convenient for you,” the Bangsamoro electoral system being proposed in the BBL is a welcome change, he added.
Another primary consideration why the Bangsamoro will adopt a parliamentary system is the multi-layered accountability and the efficiency this system of government will afford the new autonomous political entity, Julkipli told the audience at the talkshop.
“This can provide opportunities for the Bangsamoro to have a good structure and effective governance,” he said.
4. There are no provisions in the BBL the Bangsamoro could use later as a basis to secede or declare independence.
In other words, the BBL is not a formula for dismembering the Philippine Republic.
On the provision on self-governance (Art. IV, Sec. 1), the BBL only means self-determination. The provision does not talk about any political action but of the exercise to pursue economic, social, and cultural development, Lingga clarified.
5. “Vote of no confidence” under the parliamentary system is another welcome feature of the BBL.
Under the parliamentary system, the Prime Minister or Chief Minister is equal to the rest of the members of the Parliament. He can be replaced even before the general elections via a no confidence vote of two-thirds of all members of the Parliament. In such case, the Wali or the titular head will dissolve the Parliament and call for a new parliamentary election on a date not later than 120 days from the date of dissolution.
The BBL in Article VII Section 34 adds that, “In case of dissolution, the incumbent Chief Minister and the Cabinet shall continue to conduct the affairs of the Bangsamoro Government until a new Parliament is convened and a Chief Minister is elected and has qualified.”
For Prof. Tayao, the confidence vote is actual exercise of accountability – a practical and political solution to a political and legal problem. The presidential system also has legal processes of accountability, but in such cases, the executive department is held off like what happened during the impeachment of US President Bill Clinton. “In the parliamentary system, the process [to exact accountability] does not drag on and continuity of government is not affected.”
6. The role of Wali explained.
Wali is an Arabic term that means guardian, Prof. Lingga said.
The BBL says that the Wali will be the titular head of the Bangsamoro and as such, will take on only ceremonial functions.
These ceremonial functions would include signing of new appointment and administering oath of office to the new Chief Minister, Prof. Lingga explained.
Upon advice of the Chief Minister, the Wali is also the one in charge to dissolve the Parliament and call for a new parliamentary election. The Wali cannot countermand the Chief Minister.
7. A parliamentary system can be practiced in the Bangsamoro region even while the national system is unitary.
According to Julkipli, the provision on autonomous region does not prescribe a specific form of government, only that it should be democratic – meaning there are elective executive and legislative branches or offices.
“These are satisfied under the parliamentary system of the Bangsamoro, in as much as the same are being satisfied under the presidential system. This will be the basis that Congress has the power to design a form of government for the Bangsamoro that is different from the national format,” he added.
8. The BBL provides the Bangsamoro Government competence and authority over LGUs.
This concept is not entirely new, Parcasio said. He noted that under the ARMM the same have also been devolved to the regional government. In his view, 90 percent of the powers being proposed for the Bangsamoro are already exercised under the ARMM.
For the Bangsamoro, regional-LGU relations will be defined further in the Bangsamoro local government code. This will be one of the priorities of the Bangsamoro Transition Authority (BTA) once it takes over from the ARMM.
The BBL says that local administration, municipal corporations and other local authorities including the creation of LGUs will fall under the exclusive powers of the Bangsamoro Government.
The caveat is, under the Bangsamoro, privileges already enjoyed by the LGUs will not be diminished. The Internal Revenue Allotment (IRA) of prospective constituent units will not be affected because this is already guaranteed by the Constitution.
One of the policy gaps in the ARMM that Parcasio hopes could be addressed in the Bangsamoro is the lack of clarity on regulatory powers of the autonomous region when it comes to the utilization of IRA. The proof is the absence of Bureau of Local Government Finance (BLGF) in the ARMM. The rest of the regions have BLGF in their respective administrative jurisdictions.
“Had the BLGF been devolved to the ARMM, the regional government could have exercised some sort of regulatory measure or power over LGUs in terms of IRA utilization,” Parcasio said. He also noted that based on his initial reading of the BBL, “there seems to be provisions on regulatory authority by the Bangsamoro Government over LGUs on such funds.”
9. The Bangsamoro is inclusive.
Saying that the Bangsamoro Basic Law (BBL) will establish an inclusive new political entity and “not an Islamic state where non-Muslims will be discriminated”, the lone migrant settler representative in the Bangsamoro Transition Commission (BTC) – the body that drafted the BBL – called for support to the proposed basic law now in Congress.
BTC Commissioner Peter Eisma urged skeptics to “open [their] hearts and minds” during the second talkshop.
“We are advocating for peace. This is the time for us to participate,” Eisma said, adding that he himself used to be an “oppositionist” but that he “made a paradigm shift because there is no other way except to move forward.”
The panel at the second talkshop also allayed fears that only a few sectors will benefit from the establishment of the Bangsamoro.
Citing provisions in the BBL on the allocation and classification of the seats in the Parliament under the proposed new political entity, Eisma asserted that the Bangsamoro is “a government for all” and “there is no prohibition that if you are not Bangsamoro you cannot run for office.”
“This government is not exclusive for Muslims or the MILF… Even a non-Muslim can put up a party list because fifty percent of the seats will be allocated for party list. Even in the districts, a Christian can run… and forty percent of the seats in the Parliament are for district representatives,” Eisma said.
The BBL proposes that 40 percent of the Members of the Parliament will be district representation, 50 percent party representatives, and 10 percent reserved seats.
Fr. Eliseo Mercado, senior policy adviser at IAG, said that the Bangsamoro identity contained in the BBL has no attached entitlement, hence, non-discriminatory.
“The basis of the identity is historical to recognize the struggle of the Bangsamoro. There is no special treatment if you are a Bangsamoro,” Fr. Mercado said.
“It’s up to you whether you want to ascribe or not. If there will be no self-ascription by non-Muslims, that’s fine. But that does not mean that you are not part of this government or you are not part of this territory,” Eisma clarified.
Fr. Mercado also noted how the BBL progressed significantly. The inclusion in the preamble of the Bangsamoro as well as “other inhabitants of the Bangsamoro” shows attempts to be inclusive, he said.
10. The Bangsamoro will be a big improvement from the current ARMM in terms of fiscal autonomy.
Former ARMM Executive Director Diamadel Dumagay noted that the BBL provides for a stronger fiscal autonomy in the Bangsamoro than what is currently enjoyed by the ARMM. Dumagay cited provisions that provide significant and additional sources of funds for the Bangsamoro. The most noteworthy of which is the annual block grant that will be programmed and allocated by the Bangsamoro Parliament instead of Congress.
The ARMM was also granted fiscal autonomy under Republic Act 9054 but there is no provision on block grant.
“Fiscal autonomy means that the ARMM as a government institution can administer and allocate funds on its own, but RA 9054 is very limited in terms of fiscal autonomy. The budget of the ARMM is part of the national government. There is a sort of a block grant in the form of lump sum appropriation but this only averages 650 million annually. It’s too small,” Dumagay said.
The BBL says that the amount of the annual block grant of the Bangsamoro will not be less than the last annual budget of the ARMM. For 2015, the ARMM budget is P25 billion.
The annual national budget for 2015 is P 2.6 trillion.
11. Political autonomy and fiscal autonomy go hand-in-hand.
“More powers and duties will be devolved to the Bangsamoro, and without fiscal autonomy and funds to support these new powers and functions, it would be meaningless,” Eisma said.
Eisma added that the rationale behind fiscal autonomy is to attain economic self-sufficiency and allow the Bangsamoro to come up with its own budget, development plan and schedule of expenditures.
Under the BBL, the Bangsamoro is given power to enact its own appropriations law in order that it can initiate programs and policies that will be responsive to the needs of its people.
12. The BBL is more specific about natural resources.
While the existing law (RA 9054) classifies minerals as strategic and non-strategic, the BBL provides for non-metallic minerals, metallic minerals, and fossil fuels and uranium. For non-metallic minerals that include sand, gravel, and quarry resources, 100 percent of the revenues will go the Bangsamoro and its LGUs. For metallic minerals, 75 percent shall be retained for the Bangsamoro and its LGUs. For strategic resources that include fossil fuels and uranium, the sharing is 50-50 between the Bangsamoro Government and the Central Government.
The Bangsamoro can now rationalize the use of its own resources as it charts its socio-economic development.
“The coverage of the Bangsamoro territory is very rich in resources. Given these authorities, there is a big chance for the Bangsamoro to catch up with the rest of the country in terms of development,” Dumagay added.
On the sharing of revenues between the Bangsamoro Government and its constituent LGUs, the BBL does not include specific details. This decision will be in the hands of the Bangsamoro Parliament, according to Eisma. But the BBL makes it clear that existing rights and privileges of LGUs will not be diminished.
“These rights and privileges of the LGUs are more likely going to be enhanced under the Bangsamoro because of additional revenues coming in,” Eisma added.
13. The BBL should be able to implement measures to uplift living conditions of the poor. Agriculture should be the priority.
Former ARMM Social Fund Project Manager Nasser Sinarimbo said 63 percent of the Bangsamoro people belong to the sector of agriculture and majority of the poor are in this sector.
The transition authority should be able to implement programs on social services that directly and immediately address needs of the poor communities, particularly farmers and fisher folks, to also manage their expectations.
There will be a one year transition period from the ARMM to the regular Bangsamoro Government in 2016 during which the Bangsamoro Transition Authority (BTA) will serve as the interim governing body.
Sinarimbo told the audience at the second talkshop that the Bangsamoro Development Plan for the transition period until 2016 is now being formulated. The development plan will be based on sustainable human development framework and the Bangsamoro core value system with lens on peacebuilding. Its primary components are social services, economy, politics, security, environment, natural resources with crosscutting themes on women and children, indigenous peoples, and vulnerable groups.
According to Sinarimbo, this plan will most likely be adopted by the BTA and make it its roadmap during the transition period.
14. The BBL has enough safeguards to ensure that funds address real needs of Bangsamoro communities and funds are spent judiciously.
Foremost of which is the Bangsamoro Parliament whose representatives will come from the different districts and sectors of the Bangsamoro.
Our second panel believes that the Parliament setup will ensure real representation of the will of the people in policy- and decision-making in terms of budgeting and development planning.
That power will reside in the Cabinet and not in a single individual will also boost check and balance as anti-corruption measure.
15. With improved fiscal arrangement between the national government and the Bangsamoro government, the Bangsamoro is poised to achieve inclusive growth. But first, it needs competent officials and empowered people to do the job.
Fr. Mercado echoed the analysis that growth in the Philippines is not inclusive because it is made by a mere 0.2 percent of the population.
There is the natural tendency to be attracted to big corporations but the Bangsamoro should primarily set its sights on economic policies that support small and medium enterprises (SMEs), access to credit, and mainstreaming of informal economy. This way, it can make growth equally distributed, he said.
The provisions on sustainable development framework and sustainable development board will greatly help in this aspect.
For Haron Meling, head executive assistant to the BTC Chairman, inclusive growth also entails political empowerment. The Bangsamoro electoral system that puts a premium to peoples’ representation and participation in the Parliament is aligned with the goal of economic empowerment, he said.
The Bangsamoro will also have to address critical infrastructure to attract investments that will help create jobs and spur economic growth.
Meanwhile, Dumagay emphasized on having competent and service-oriented people in government to deliver sustainable and inclusive development.
16. The Bangsamoro justice system intends to give the people in the Bangsamoro wider access to justice through modalities that best suit them.
These modalities include the Shari’ah for the Muslims, customary rights and traditions of the indigenous peoples, local courts, and alternative dispute resolution systems.
The BBL guarantees that the justice system of the Bangsamoro will not operate to the prejudice of non-Muslims and non-indigenous peoples.
The panel discussing justice, security and policing provisions of the BBL during the third talkshop believes that the Shari’ah and the tribal courts can be a parallel system to the regular courts.
There should be no apprehension among Christians that they, too, will be subject to Shari’ah. The panel emphasized the caveat that the Shari’ah will cover only Muslims.
17. Even so, the Shari’ah has to be evolved through the acceptance of Muslims themselves.
Shari’ah as a source of law in terms of the devolution of justice system to the Bangsamoro will have to evolve.
“It is not just the production of laws, but what are feasible to be implemented in a particular jurisdiction,” Atty. Ishak Mastura said.
Mastura noted that there is no country governed by constitutional law where the criminal system under Shari’ah is fully implemented. There is no such thing even in Malaysia and Indonesia, he said.
“It is not possible as of yet. Even if there might be a possibility in the future, it has to follow the trends in other jurisdictions.”
Mastura also likened the adoption of Shari’ah to the practice of international law.
“It goes through the local jurisdictions and enhances or changes the legal frameworks or the rights of individuals because now you are referring to another source of laws,” he explained.
18. Shari’ah as currently practiced in the ARMM will be expanded under the Bangsamoro to include commercial and criminal laws.
The BBL states that “The Bangsamoro Parliament shall enact laws pertaining to persons and family relations, and other civil law matters, commercial law, criminal law, including the definition of crimes and prescription of penalties thereof. These laws on Shari’ah shall only be applicable to Muslims. Criminal laws enacted by the Bangsamoro Parliament shall be effective within the territory of the Bangsamoro and shall be in accordance with the universally accepted principles and standards of human rights.”
Presidential Decree No. 1083 or the existing Code of Muslim Personal Laws covers only personal and family relations. The intent of the BBL is to expand this coverage to include commercial and criminal laws. What is not clear at this point is whether the Shari’ah law that the Bangsamoro Parliament will pass will repeal entirely PD 1083 or only supplement it.
Mastura believes however that PD 1083 cannot be repealed easily because this is a national law and Muslims are not only in the Bangsamoro.
“We will still need to have divorce, officiating of marriage, registration of birth, resolution of succession wherever Muslims are, and in law you carry your status wherever you go so if you only have a law on personal status that is only applicable In the Bangsamoro, it would be very hard in terms of implementation because you will have now two conflicting laws. In the case of the Code of Muslim Personal Laws, [my opinion is] it would encompass not only the Bangsamoro but the whole Philippines,” Mastura said.
19. There is no room for cruel and harsh punishment in the Shari’ah system under the Bangsamoro.
The BBL provision on Shari’ah comes with the caveat “in accordance with the universally accepted principles and standards of human rights.” The Constitution also prohibits cruel and harsh punishment. These are the guarantees that the Bangsamoro Shari’ah will not impose such punishments. But the ultimate guarantee is “our culture and way of life,” Mastura said.
“There are principles in Sharia that are immutable like the Koran and Sunnah in terms of source of law, but the acceptance of society of the governing paradigm and its laws, there’s a wide universe for that. While it’s inspirational for us to have those ideals and the ultimate aspiration is to eventually implement the whole of what is Sharia, the acceptance and the readiness of society is something that will have to evolve, because society is dynamic. Otherwise it becomes an extremist ideology,” Mastura explained.
20. The Bangsamoro Parliament will legislate traditional justice system of indigenous peoples in the Bangsamoro to give it the force of law.
Our panel during the third talkshop clarified however that this legislation only goes as far as recognizing the justice system of the IPs and standardizing it to avoid different applications.
This is not imposition but recognition of traditional justice mechanisms already codified and practiced by the indigenous communities.
“The Bangsamoro, in fact, will elevate IPs through parity of esteem, [to accord them] the same status as the Bangsamoro,” Mastura said.
21. The Bangsamoro Police will still be part of the Philippine National Police.
The Bangsamoro police shall be responsible to the national government, Bangsamoro government, and the communities it serves. It will be governed by a police law that shall be passed by the Bangsamoro Parliament. The Bangsamoro Police Board will supervise it through the powers delegated by the National Police Commission (NAPOLCOM).
“This is practically like the provision in RA 9054 that says the Regional Police Commission (REPOLCOM) will have the powers of the NAPOLCOM. But this was never implemented,” Mastura added.
In terms of operational control, “the linkage between the Chief Minister and the Bangsamoro Police will be more organic,” Mastura said.
The BBL states that the Bangsamoro Chief Minister will exercise operational control and supervision and disciplinary powers over the Bangsamoro Police.
While public order and safety within the Bangsamoro will be the primary responsibility of the Bangsamoro Government, the Central Government retains defense and security as a reserved power.
22. There is no mention of IPRA (Indigenous Peoples’ Rights Act) in the BBL but many of the former’s provisions including the four bundles of indigenous peoples’ rights are in the basic law.
These four bundles of rights include the right to native title, indigenous customs and traditions, justice systems and indigenous political structures, the right to an equitable share in revenues from the utilization of resources in their ancestral lands, the right to free and prior informed consent, right to political participation in the Bangsamoro Government including reserved seats for the indigenous peoples in the Bangsamoro Parliament, the right to basic services and the right to freedom of choice as their identity. This and the other provisions on indigenous peoples will ensure that cultural integrity of non-Islamized indigenous groups in the Bangsamoro is preserved and protected, BTC Commissioners Froilyn Mendoza and Melanio Ulama said.
For Mendoza, the BBL’s enumeration of IP rights does not only mean freedom of choice but an acknowledgement of the distinct identity of the Teduray, Lambangian, Dulangan Manobo, B’laan and Higaonon.
“Unclear distinction between Moro and non-Moro indigenous peoples also means unclear definition of rights thus hampering the customs, traditions, and way of life of non-Islamized IP groups,” Mendoza said.
The BBL also recognizes traditional or tribal justice system and provides for the creation of a tribal university system within the Bangsamoro to address the educational needs of the indigenous peoples in the Bangsamoro. In addition, non-Moro indigenous peoples will be provided two reserved seats in the Bangsamoro Parliament to ensure their representation and participation in the affairs of the Bangsamoro Government.
23. A plebiscite will determine the core territory of the Bangsamoro.
The draft BBL states that the core territory of the Bangsamoro will include the present geographical area of the ARMM, 6 municipalities in Lanao del Norte, and 39 barangays in North Cotabato. These municipalities and barangays in Lanao del Norte and North Cotabato, respectively, voted for inclusion in the ARMM during the 2001 plebiscite but were not included because the determination of majority of votes then was at the provincial and city level.
The BBL also includes Isabela City in Basilan and Cotabato City, the de facto seat of the ARMM regional government, in the plebiscite for the Bangsamoro. These cities did not vote for inclusion in the ARMM during the 2001 plebiscite.
BTC legal counsel Lanang Ali, Jr. said during the fifth talkshop that the determination of votes in the plebiscite for the Bangsamoro will depend on the enumeration of geographic areas in the BBL.
This means that for the current ARMM, votes will be determined at the provincial/city level. For other proposed geographic areas votes will be counted at the municipal/barangay level. This is what sets apart the Bangsamoro plebiscite from the ARMM plebiscite.
The BBL also says that other contiguous areas where there is resolution of the LGU or a petition of at least 10 percent of the registered voters asking for their inclusion at least two months prior to the conduct of the plebiscite may opt for inclusion in the Bangsamoro.
The challenge now for the government and MILF peace panels is how to build a constituency for the Bangsamoro to ensure that provinces that are part of the ARMM will still vote for the Bangsamoro, ARMM Executive Secretary Laisa Alamia said.
“It is important that the people understand the Bangsamoro and buy into it,” she added.
Alamia opined that there will be enough budget for the Bangsamoro even if new LGUs will choose to be part of the new political entity.
Of the P25 billion ARMM budget for 2015, 60 percent will be allocated as capital outlay to fund projects on the ground. This fund which will be turned over to theBTA, the budget of the BTA itself, and the block grant starting in 2016 will ensure that social services, socio-economic and infrastructure projects will be implemented down to the barangay level.
Citing past Supreme Court decision on autonomous regions, Atty. Benedicto Bacani said there should be at least two provinces voting for inclusion for the Bangsamoro to be a legitimate autonomous region. Those that voted no will return to their original administrative regions.
On what will happen to barangays opting to join the Bangsamoro, Ali brought up two possibilities: either they will be reconstituted as one municipality especially in the case of barangays contiguous to each other or reconstituted to the Bangsamoro municipality nearest to them.
Ali told the audience at the fifth talkshop that North Cotabato First District Rep. Jesus Sacdalan has filed a bill in Congress to create municipalities out of these 39 barangays for the purpose of the Bangsamoro.
The Bangsamoro Parliament may also enact laws for the reconstitution of these barangays into a new municipality or to the Bangsamoro municipality nearest to them. These barangays will undergo a transition period to make sure that governance and social services will not be disrupted.
This power does not extend however to the creation of congressional districts. In such case the Bangsamoro Government shall coordinate with the Central Government through the Philippine Congress–Bangsamoro Parliament Forum.
24. The constitutional basis for the creation of the Bangsamoro is different from its expansion later.
For the creation of the Bangsamoro, Ali pointed to Article 10, Section 18, Paragraph 2 of the Constitution that says:
“The creation of the autonomous region shall be effective when approved by majority of the votes cast by the constituent units in a plebiscite called for the purpose, provided that only provinces, cities, and geographic areas voting favorably in such plebiscite shall be included in the autonomous region.”
This explains why only the barangays and not their mother municipalities (in the case of barangays in North Cotabato) and only the municipalities and not the whole province (in the case of municipalities in Lanao del Norte) will be asked in the plebiscite to determine the territory of the Bangsamoro.
For expansion, after the Bangsamoro core territory has been constituted already, the basis will now be Article 10, Section 10 of the Constitution:
“No province, city, municipality, or barangay may be created, divided, merged, abolished, or its boundary substantially altered, except in accordance with the criteria established in the local government code and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected.”
Thus if a barangay wishes to be part of the Bangsamoro, the plebiscite will include the whole mother municipality as the political unit directly affected, Ali explained.
25. What exactly will happen to employees of the ARMM is not yet clear without the transition plan, but the BBL provides for gradual phasing out of ARMM offices and necessary funds for the benefits and entitlements of affected employees.
This is a one of the most recurring concerns in the talkshop series.
The BBL states that upon ratification of the BBL, the ARMM, including its offices and agencies, is deemed abolished and the transition or interim period begins.
The BTA is the interim body that will govern the Bangsamoro until the election of regular officials of the new autonomous political entity in 2016.
On whether there will be massive abolition of offices that will in turn make thousands of ARMM employees jobless, Alamia said: “There are no specifics in the BBL as to what exactly will happen. That is why we need the blueprint [for transition] as early as now to address fear and apprehension of the people.”
She noted that these employees will also vote in the plebiscite.
“We support the BBL but we cannot discount the fact that the 35,000 ARMM employees are worried about their future,” she added.
Alamia, however, believes that the abolition of ARMM agencies and employment on a massive scale will not be practical even when the BTA is already constituted because the interim governing body has yet to enact many regional codes including the Bangsamoro Civil Service Code.
“Unless and until there is a transition plan that would be implemented and the legal basis for the transition plan would have been enacted by the BTA, ARMM agencies will continue to carry out their functions.”
The BBL, in Article XVI, Section 9, says that the BTA will schedule the gradual phasing out of offices of the ARMM and, in consideration of public interest and the delivery of services, officials holding appointive positions will continue to perform their functions in accordance with the schedule.
The BBL adds that funds for the benefits and entitlements of affected ARMM employees shall be provided.
In the end, Alamia urged ARMM employees and their associations to submit to Congress recommendations on how to phase transition from ARMM to Bangsamoro.
ALSO ON #BBLWatch: Highlights of BBL deliberations in Congress
Notes on the talkshop series:
The BBL talkshop series was presented by IAG in partnership with Konrad Adenauer Stiftung (KAS), Notre Dame University (NDU), and Notre Dame Broadcasting Corp. (NDBC). All five talkshops were held at the Tanghalang Michael Clark of Notre Dame University in Cotabato City and were aired live over NDBC stations DXMS and DXND. The first panel on Sept. 18 composed of GPH panel legal counsel Al Amin Julkipli, MILF panel member Prof. Abhoud Lingga, ARMM consultant Randolph Parcasio, and independent political analyst Prof. Edmund Tayao discussed provisions of the BBL pertaining to political autonomy and Bangsamoro Government. IAG Executive Director Atty. Benedicto Bacani served as the host. IAG Senior Policy Adviser Fr. Eliseo Mercado, OMI hosted the second talkshop on the wealth-sharing, economy, and fiscal autonomy provisions in the BBL on Oct. 1. The panelists were BTC Commissioner Peter Eisma, former ARMM Executive Director Diamadel Dumagay, former ARMM Social Fund Project Manager Engr. Nasser Sinarimbo, and Head Executive Assistant of BTC Chairman Haron Meling. Atty. Bacani returned as host of the third talkshop on Oct. 3, fielding questions on justice, policing and security to panelists Atty. Sha Elijah Dumama-Alba, legal consultant with the Bangsamoro Transition Commission (BTC) and Atty. Ishak Mastura, chair of the Regional Board of Investments (RBOI) of the ARMM. NDBC radio anchor and journalist Caloy Bautista hosted the fourth talkshop on Oct. 14 to discuss BBL provisions on basic rights and IP matters with the experts panel composed of BTC Commissioners Froilyn Mendoza and Melanio Ulama, Regional Human Rights Commissioner Alikhan Abuat, and Al Qalam Executive Director Musolini Lidasan. The fifth and last talkshop in the series hosted by Atty. Bacani on Oct. 16 was devoted to transition and plebiscite provisions of the BBL. The panelists were ARMM Executive Secretary Laisa Alamia and BTC legal counsel Lanang Ali, Jr.
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