Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao.
Republic Act No. 11054
REPUBLIC ACT NO. 11054
AN ACT PROVIDING FOR THE ORGANIC LAW FOR THE BANGSAMORO AUTONOMOUS REGION IN MUSLIM MINDANAO, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 6734, ENTITLED "AN ACT PROVIDING FOR AN ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO," AS AMENDED BY REPUBLIC ACT NO. 9054, ENTITLED "AN ACT TO STRENGTHEN AND EXPAND THE ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO"
PREAMBLE
Imploring the aid of Almighty God, in recognition of the aspirations of the Bangsamoro people and other inhabitants in the autonomous region in Muslim Mindanao to establish an enduring peace on the basis of justice, balanced society and asserting their right to conserve and develop their patrimony, reflective of their system of life as prescribed by their faith, in harmony with their customary laws, cultures and traditions, within the framework of the Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines, and the accepted principles of human rights, liberty, justice, democracy, and the norms and standards of international law, and...
Summary of Republic Act No. 11054 (Bangsamoro Organic Law):
Preamble and Name: - Establishes the Bangsamoro Autonomous Region in Muslim Mindanao as a political entity with self-governance powers. (Article I)
Bangsamoro Identity and Territorial Jurisdiction: - Defines who are considered Bangsamoro people and their right to identify as such. (Section 1, Article II) - Allows adoption of official symbols like flag, emblem, and hymn. (Section 2, Article II) - Specifies the territorial jurisdiction comprising the current ARMM, certain municipalities/barangays, and areas that vote for inclusion. (Sections 2-5, Article III)
General Principles and Policies: - Affirms the region's integral part of the Philippines and allegiance to the Constitution. (Section 1, Article IV) - Grants self-governance powers for political, economic, social, and cultural development. (Section 2, Article IV) - Establishes a democratic parliamentary system of government. (Sections 3-4, Article IV) - Provides for civilian authority, promotion of unity, social justice, and rights of non-Moro indigenous peoples. (Sections 5-10, Article IV)
Powers of Government: - Vests all powers not granted to the Bangsamoro Government in the National Government. (Section 1, Article V) - Enumerates the exclusive powers of the Bangsamoro Government over various matters like administration of justice, natural resources, education, health, etc. (Section 2, Article V) - Allows the Bangsamoro Government to exercise implied and incidental powers for efficient governance. (Section 3, Article V)
Intergovernmental Relations: - Establishes mechanisms for coordination between National and Bangsamoro Governments like the Intergovernmental Relations Body, Joint Bodies, and Councils. (Sections 2-13, Article VI)
Bangsamoro Government: - Establishes the parliamentary system with a Chief Minister as head of government. (Sections 1-4, Article VII) - Provides for the composition, powers, and procedures of the Bangsamoro Parliament. (Sections 5-29, Article VII) - Outlines the qualifications, election, powers, and duties of the Chief Minister and Deputy Chief Ministers. (Sections 30-37, Article VII) - Allows the organization of the bureaucracy and creation of offices by the Bangsamoro Government. (Sections 38-42, Article VII)
Wali (Ceremonial Head): - Provides for the appointment, qualifications, ceremonial duties, and removal of the Wali as the ceremonial head. (Sections 1-6, Article VIII)
Basic Rights: - Mandates transitional justice mechanisms and reparations for historical injustices. (Sections 1-2, Article IX) - Recognizes the rights of indigenous peoples, customary laws, religious freedom, and human rights. (Sections 3-7, Article IX) - Guarantees access to basic services, housing, labor rights, women's participation, youth rights, and rights of children and settler communities. (Sections 8-15, Article IX) - Provides for an integrated education system, including Madaris and tribal university. (Sections 16-20, Article IX) - Promotes science and technology, comprehensive health services, and support for disadvantaged groups. (Sections 21-23, Article IX) - Mandates preservation of Bangsamoro cultural heritage and establishment of related institutions. (Sections 24-26, Article IX)
Bangsamoro Justice System: - Recognizes the Shari'ah justice system and its application to Muslims. (Section 1, Article X) - Integrates the Shari'ah courts into the Philippine judicial system under Supreme Court supervision. (Section 2, Article X) - Outlines the sources, jurisdiction, and structure of Shari'ah courts. (Sections 3-9, Article X) - Provides for the qualifications, compensation, and privileges of Shari'ah judges. (Sections 10-15, Article X) - Allows for the creation of Shari'ah-related offices and recognition of traditional justice systems. (Sections 16-18, Article X) - Maintains the jurisdiction of regular courts and promotes alternative dispute resolution. (Sections 19-20, Article X)
National Defense, Public Order, and Coast Guard: - Affirms the National Government's responsibility for national defense and security. (Section 1, Article XI) - Establishes a Police Regional Office under the Philippine National Police for law enforcement. (Section 2, Article XI) - Provides for the disposition of personnel from the MILF and MNLF into the police force. (Section 2, Article XI) - Establishes regional offices for the National Police Commission, Bureau of Jail Management and Penology, Bureau of Fire Protection, and Philippine Coast Guard. (Sections 3-7, Article XI)
Fiscal Autonomy: - Grants fiscal autonomy and the power to create sources of revenues to the Bangsamoro Government. (Section 1, Article XII) - Provides for auditing by the Commission on Audit and transparency mechanisms. (Section 2, Article XII) - Establishes a Bangsamoro Regional Office of the Bureau of Local Government Finance. (Section 3, Article XII) - Creates a Bangsamoro Treasury Office to receive and safeguard revenues. (Section 4, Article XII) - Allows the National Government to provide assistance on tax administration and fiscal management. (Section 5, Article XII) - Enumerates the sources of revenues, including taxes, fees, block grants, natural resource shares, etc. (Section 6, Article XII) - Outlines the limitations and principles for taxation by the Bangsamoro Government. (Sections 7-9, Article XII) - Provides for the sharing of national taxes collected in the region between the National and Bangsamoro Governments. (Section 10, Article XII) - Establishes the Bangsamoro Revenue Office for tax assessment and collection. (Section 11, Article XII) - Specifies the tax payment rules for corporations and the sharing with local government units. (Sections 12-13, Article XII) - Mandates the enactment of a Bangsamoro Tax and Revenue Code. (Section 14, Article XII) - Provides for an annual block grant from national internal revenue tax collections. (Sections 15-22, Article XII) - Allows the Bangsamoro Government to contract loans, issue bonds, and receive official development assistance subject to conditions. (Sections 24-25, Article XII) - Permits the acceptance of grants and donations by the Bangsamoro Government. (Section 26, Article XII) - Allows the Bangsamoro Government to enter economic agreements and conventions. (Sections 27-29, Article XII) - Provides for the creation and regulation of government-owned or controlled corporations. (Sections 30-33, Article XII) - Outlines the sharing of revenues from natural resources between the National Government, Bangsamoro Government, local government units, and indigenous communities. (Sections 34-36, Article XII) - Establishes the Intergovernmental Fiscal Policy Board to address fiscal issues. (Sections 37-41, Article XII)
Regional Economy and Patrimony: - Mandates an economic system based on social justice and sustainable development principles. (Sections 1-3, Article XIII) - Establishes the Bangsamoro Economic and Development Council for planning. (Section 4, Article XIII) - Ensures gender-responsive budgeting and development programs. (Section 5, Article XIII) - Allows Bangsamoro participation in national development planning. (Section 6, Article XIII) - Provides for disaster risk reduction, climate change adaptation, and related institutions. (Section 7, Article XIII) - Grants powers over natural resources, nature reserves, protected areas, and their management. (Sections 8-9, Article XIII) - Allows joint exercise of powers with the National Government over fossil fuels and uranium. (Section 10, Article XIII) - Gives preferential rights to Bangsamoro residents in natural resource utilization. (Section 11, Article XIII) - Recognizes the rights of indigenous peoples over natural resources in their ancestral domains. (Section 12, Article XIII) - Grants authority over mines and minerals, including regulation of small-scale mining. (Sections 13-16, Article XIII) - Allows the conduct of cadastral surveys, land classification, and urban land reform programs. (Section 17, Article XIII) - Establishes Zones of Joint Cooperation in the Sulu Sea and Moro Gulf for resource-sharing. (Sections 18-21, Article XIII) - Grants powers over inland waters, agriculture, fisheries, aquatic resources, and related matters. (Sections 22-23, Article XIII) - Promotes trade, industry, tourism, economic zones, barter trade, cooperatives, and social entrepreneurship. (Sections 24-28, Article XIII) - Prohibits toxic or hazardous substances and promotes a halal program. (Sections 29-30, Article XIII) - Allows the establishment of banks, financial institutions, and an Islamic banking system. (Sections 31-34, Article XIII) - Provides for the regulation of public utilities, power generation, infrastructure, and related matters. (Sections 36-39, Article XIII)
Rehabilitation and Development: - Mandates the Bangsamoro Government to intensify rehabilitation, reconstruction, and development efforts as part of normalization. (Section 1, Article XIV) - Provides for a special development fund of P50 billion over 10 years for conflict-affected communities. (Section 2, Article XIV)
Plebiscite: - Outlines the process, period, and results for the plebiscite to establish the Bangsamoro Autonomous Region. (Sections 1-11, Article XV)
Bangsamoro Transition Authority: - Establishes the Bangsamoro Transition Authority as the interim government during the transition period. (Section 2, Article XVI) - Outlines the powers, functions, priorities, and composition of the Transition Authority. (Sections 3-4, Article XVI) - Provides for continuity of government during the transition. (Section 5, Article XVI) - Mandates the submission of a transition plan and the organization of the interim bureaucracy. (Sections 6-9, Article XVI) - Specifies the transfer of powers, properties, and disposition of personnel from ARMM and National Government. (Sections 10-11, Article XVI) - Sets the dissolution of the Transition Authority upon the election of the Bangsamoro Parliament. (Section 12, Article XVI) - Schedules the first regular election for the Bangsamoro Government in 2022. (Section 13, Article XVI) - Provides for initial funding for the transition period. (Section 14, Article XVI)
Amendments, Revisions, and Repeals: - Allows amendments or revisions to the law by an act of Congress. (Section 1, Article XVII) - Repeals Republic Act No. 6734 (ARMM Organic Act) upon ratification. (Section 4, Article XVIII) - Provides for the effectivity of the law 15 days after publication. (Section 5, Article XVIII)
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