Article V
POWERS OF
GOVERNMENT
Section
1. Reserved Powers. – Reserved powers are matters over which authority and
Jurisdiction are retained by the Central Government. The Central Government shall
exercise the following reserved powers:
1.
Defense and
external security;
2.
Foreign policy;
3.
Coinage and
monetary policy;
4.
Postal service;
5.
Citizenship and
naturalization;
6.
Immigration;
7.
Customs and
tariff as qualified by Section 2(10), Article V of this Basic Law;
8. Common market and global trade, provided that
the power to enter into economic agreements given to the ARMM under R.A. 9054
is hereby transferred to the Bangsamoro Government as provided in
Article XII, Section 25 of this Basic Law; and
9.
Intellectual
property rights.
No comment.
Section 2. Concurrent Powers. - Concurrent powers shall refer to
the powers shared between the Central Government and the Bangsamoro Government
within the Bangsamoro, as provided in this Basic Law.
The Central Government and the
Bangsamoro Government shall exercise shared powers within the Bangsamoro on the
following matters:
1. Social
security and pensions. – The Bangsamoro Government may organize its own social security and
pension systems alongside the existing Central Government social security and
pension systems.
The Bangsamoro Government and the
Central Government through the intergovernmental relations mechanism, and other
consultative processes shall, among others, ensure that the investment of the
contributions from the members from the Bangsamoro in the Central Government
social security and pensions is responsive to their cultural and religious
sensitivities.
The future relationship of the Central
Government system with the Bangsamoro Government system with respect to new
government employees and other qualified individuals in the Bangsamoro shall be
further provided for in law duly enacted for the purpose.
2. Quarantine. – There is hereby created an office for quarantine
services in the Bangsamoro. It shall cooperate and coordinate with its
counterpart offices in the Central Government.
3. Land Registration. – The Bangsamoro
Government, in accordance with the land registration system of the Central
Government, shall administer land registration in the Bangsamoro territory
through an office it shall create for this purpose. The Bangsamoro Government
shall furnish copies of the titles, deeds and other instruments to the relevant
Central Government agencies. The Bangsamoro Government can act on consultas.
The Bangsamoro Government may
institute processes to promote more efficient registration of lands within the
Bangsamoro.
4. Pollution control -The Central Government and the Bangsamoro
Government agencies shall cooperate and coordinate through the
intergovernmental relations mechanism on pollution control matters.
5. Human rights
and humanitarian protection and promotion. – The Bangsamoro Government may organize its
own bodies for human rights and humanitarian protection and promotion that will
work cooperatively with relevant national Institutions.
6. Penology
and penitentiary. -- The Central Government and the Bangsamoro Government
institutions shall cooperate and coordinate through the intergovernmental
relations mechanism on the matter of granting parole and recommending to the
President the grant of executive clemency. The Bangsamoro Government shall
create an office that shall administer the parole system and recommend the
grant of executive clemency to the Office of the President.
The Bangsamoro Government may create
and manage jails, penal colonies, and other facilities. It shall ensure the
compatibility of these facilities with the national jail management and
penitentiary system, through the intergovernmental relations mechanism. These
facilities are understood to be part of the country’s administration of
justice.
7.
Auditing. – The Bangsamoro
auditing body shall have auditing responsibility over public funds utilized by
the Bangsamoro, without prejudice to the power, authority and duty of the
national Commission on Audit (COA). The Bangsamoro Government shall ensure transparency
mechanisms consistent with open government practices.
8. Civil
Service. – The Bangsamoro Government
shall develop and administer a professional civil service corps, to include the
powers and privileges on civil service matters provided in R.A. No. 9054, and
without prejudice to the power, authority, and duty of the national Civil
Service Commission.
There is hereby created a Bangsamoro
Civil Service office that shall develop and administer a professional civil
service corps, without prejudice to the power, authority and duty of the
national Civil Service Commission. The Bangsamoro Government shall enact a
civil service law for this purpose. This law shall govern the conduct of civil
servants, the qualification for non-elective positions, adopt the merit and
fitness system, and protect civil service eligibles in various government positions,
including government-owned and/or controlled corporations with original charters,
in the Bangsamoro. The Bangsamoro Government shall have primary disciplinary
authority over its own officials and employees.
9. Coastguard. –The Central Government shall have primary
responsibility over coastguard matters. The Central Government and the
Bangsamoro Government shall cooperate and coordinate through the intergovernmental
relations mechanism.
10. Customs
and Tariff. – The Bangsamoro Government and the Central Government shall
cooperate and coordinate through the intergovernmental relations mechanism with
regard to the enforcement of customs and tariff laws and regulations to ensure
the effective exercise of its powers on barter trade and countertrade with
ASEAN countries as well as the regulation of the entry of haram goods in the
Bangsamoro territorial jurisdiction.
11. Administration
of justice. – Administration of justice shall be in accordance with the
relevant provisions of this Basic Law and with due regard to the powers of the
Supreme Court and the competence of the Bangsamoro Government over Shari’ah
courts and the Shari’ah justice system in the Bangsamoro. The supremacy of
Shari’ah and its application shall only be to Muslims.
12. Funding
for the maintenance of national roads, bridges, and irrigation systems.
– The Central Government shall be responsible for the funding,
construction and maintenance of national roads, bridges and irrigation systems
in the Bangsamoro and shall include in
the National Road Network Information System all national road and bridges in the Bangsamoro. There shall be
coordination through the intergovernmental relations mechanism between the
relevant Central Government and Bangsamoro Government agencies on the Central
Government on the matter of national roads, bridges, and irrigation systems
within the Bangsamoro.
The Bangsamoro Government shall
submit proposals to the appropriate national government agency for the
inclusion of the cost of such maintenance in the latter’s budget that shall be
submitted to Congress for inclusion in the General Appropriations Act. Funding for national roads, bridges, and
irrigation systems shall be regularly released to the relevant department of
the Central Government.
13. Disaster risk reduction and management. – The Bangsamoro Government shall
have primary responsibility over disaster risk reduction and management within
the Bangsamoro. There shall be cooperation and coordination among relevant
Central Government and Bangsamoro Government agencies on disaster risk
reduction and management. There is hereby created a Bangsamoro Disaster Risk
Reduction and Management Council (BDRRMC), with powers and functions that shall
be defined by the Bangsamoro Parliament in a law on disaster preparedness and
response. The BDRRMC shall formulate the Bangsamoro Disaster Risk Reduction and
Management Plan, which shall complement the National Disaster Risk Reduction
and Management Framework and Plan of the Central Government. Additionally, the
BDRRMC, through its Chair, the Chief Minister, may recommend to the President
the mobilization of resources of national defense in times of disasters in the
Bangsamoro.
14. Public
order and safety. – The Bangsamoro
Government shall have primary responsibility over public order and safety
within the Bangsamoro. It shall have powers over public order and safety
including those related to jail management, fire prevention, and trainings on public
safety. The Central Government and the Bangsamoro Government shall cooperate
and coordinate through the intergovernmental relations mechanism.
This section of Article V, it has
stated the different ways on how the Bangsamoro Basic Law be implement with its
powers which depends and need the help of the Central Government. As it still
on its process of implementing, it allows Muslims to get Independent o heir own
by the use of Bangsamoro Basic Law.
Section 3. Exclusive Powers. - Exclusive powers are matters over which
authority and jurisdiction shall pertain to the Bangsamoro Government. The Bangsamoro
Government shall exercise these powers over the following matters within the
Bangsamoro:
1. Agriculture, livestock and food security;
2. Economic and cultural exchange;
3.
Contract loans, credits, and other forms of indebtedness with any
government or
private bank
and other lending
institutions, except those
requiring sovereign guaranty,
which require Central Government approval;
4. Trade, industry, investment, enterprises and
regulation of businesses taking into
consideration
relevant laws;
5. Labor,
employment, and occupation;
6. Registration
of business names, with the Bangsamoro Government listing these in the
Philippine
Business Registry for business names;
7. Barter
trade and countertrade with ASEAN countries;
8. Economic
zones and industrial centers;
9. Free
ports. – The Bangsamoro Government may establish free ports in the Bangsamoro.
The Bangsamoro Government shall cooperate with the Central Government through
the intergovernmental relations mechanism on customs immigration, quarantine
service, and international commitments. Business and other enterprises
operating within the Bangsamoro free ports shall be entitled to the fiscal
incentives and other benefits provided by the Central Government to special
economic zones. Bangsamoro free ports shall be contiguous/adjacent to seaport
or airport within the Bangsamoro;
10. Tourism;
11. Creation
of sources of revenue;
12. Budgeting;
13. Financial
and banking system
– This is without prejudice to the power of supervision of the Bangko Sentral
ng Pilipinas (BSP) and provided further that the Bangsamoro Government,
the BSP, the Department of
Finance (DOF), and the National Commission on Muslim Filipinos (NCMF)
shall jointly promote the development of
the Islamic banking system, to include among others the establishment of
a Shari’ah supervisory board;
14.
Establishment of government-owned and/or controlled corporations
(GOCCS) and financial institutions. – The Bangsamoro Government shall legislate
and implement the creation of its own GOCCs in the pursuit of the common good,
and subject to economic viability. The GOCCs shall be registered with the Securities
and Exchange Commission or shall be established under legislative charter by
the Bangsamoro Government;
15.
The Bangsamoro Government shall have authority to regulate power
generation, transmission, and distribution operating exclusively in the
Bangsamoro and not connected to the national transmission grid. It shall
promote investments, domestic and international, in the power sector industry
in the Bangsamoro. Power plants and distribution networks in the Bangsamoro
shall be able to interconnect and sell power over the national transmission
grid to electric consumers. The Bangsamoro Government may assist electric
cooperatives in accessing funds and technology, to ensure their financial and
operational viability.
When power generation, transmission,
and distribution facilities are connected to the national transmission grid,
the Central Government and the Bangsamoro Government shall cooperate and
coordinate through the intergovernmental relations mechanism;
16. Public
utilities operations in the Bangsamoro - In case of inter-regional utilities, there
shall be cooperation and coordination among the relevant government agencies;
17. Receive
grants and donations;
18. Education and skills training;
19. Science
and technology;
20. Research
councils and scholarships;
21. Culture
and language;
22. Sports
and recreation;
23. Regulation of games and amusement operations
within the Bangsamoro;
24. Libraries,
museums, historical, cultural and archaeological sites. – The Bangsamoro
Government shall have the power to establish its own libraries and museums, and
declare historical and cultural sites. The Central Government shall transfer
the management of such sites currently under the jurisdiction of the National
Museum, National Historical Commission, and other agencies of the Central
Government, to the Bangsamoro Government or local governments therein following
certain processes through the intergovernmental relations mechanism. With
regard to archaeological sites, the Bangsamoro Government shall coordinate with
relevant agencies of the Central Government on the regulation, excavation,
preservation, and exportation of cultural properties, as well as on the
recovery of lost historical and cultural artifacts;
25.
Regulations on manufacture and distribution of foods, drinks, drugs and
tobacco for the welfare of the Bangsamoro;
26. Hajj and Umrah. – The Bangsamoro Government shall have
primary jurisdiction over Hajj and Umrah matters affecting pilgrims from within
the Bangsamoro. The Central Government shall have competence over Hajj
and Umrah matters affecting pilgrims coming from outside the Bangsamoro.
There is hereby created a Bangsamoro
pilgrimage authority that
shall act in close coordination with Central Government on hajj and umrah matters
involving offices and agencies outside the Bangsamoro;
27. Customary laws;
28. Declaration of Bangsamoro holidays;
29. Ancestral domain and natural resources;
30.
Protection of the rights of the indigenous people in the Bangsmoro in
accordance
with the United Nations Declaration
on the Rights of Indigenous Peoples, and taking into account in addition to
economic and geographical criteria, their individual and communal property rights, cultural integrity,
customary beliefs, historical and community traditions. The Bangsamoro
Parliament shall create an appropriate office or ministry for the Indigenous
Peoples, which shall be part of the Bangsamoro Cabinet to develop and implement
the Bangsamoro programs for the indigenous peoples in accordance with a law
passed by the Parliament;
31. Land management, land distribution, and
agricultural land use reclassification. – The classification of public lands
into alienable and disposable lands shall be initiated and recommended by the
Bangsamoro Government to the President for the timely implementation of
Bangsamoro development plans and targets;
32. Cadastral land survey. – The Bangsamoro
Government shall have the authority to conduct cadastral surveys, lot surveys,
and isolated and special surveys in the Bangsamoro. The Bangsamoro Government
shall furnish the results of these surveys to, and coordinate with, relevant
Central Government agencies to effect inclusion into national cadastral survey;
33. Expropriation and eminent domain;
34.
Environment, parks, forest management, wildlife, nature reserves and
conservation.
– The Bangsamoro Government shall have
the authority to protect and manage the environment. It shall have the power to
declare nature reserves and aquatic parks, forests, and watershed reservations,
and other protected areas in the Bangsamoro;
35. Inland waterways for navigation;
36. Inland waters;
37. Management, regulation and conservation of all
fishery, marine and aquatic resources within the Bangsamoro territorial
jurisdiction;
38. Bangsamoro settlements;
39. Customary justice;
40.
Shari’ah courts and Shari’ah justice system;
41. Public administration and bureaucracy for the
Bangsamoro;
42. Health, provided that the Central Government
and the Bangsamoro Government shall cooperate with and assist each other in the
prevention and control of epidemic and other communicable diseases;
43. Social services, social welfare and charities;
44. Waste Management;
45. Establishment and supervision of humanitarian
services and institutions;
46. Identification, generation and mobilization of
international human resources for capacity building and other activities
involving the same within the Bangsamoro. The
Central Government shall cooperate with and assist the Bangsamoro
Government towards ensuring access to such relevant human resources through the
intergovernmental relations mechanism;
47. Establishment of Awqaf (endowment) and
charitable trusts;
48. Hisbah office for accountability as
part of the Shari’ah justice system;
49. Registration of births, marriages, and deaths,
copies of which shall be forwarded to the Philippine Statistics Authority;
50. Housing and human settlements;
51. Development planning;
52. Urban and rural development;
53. Water supplies and services, flood control and
irrigation systems in the Bangsamoro,
provided that with regard to water supplies and services, flood control and
irrigation systems that connect to or
from facilities outside the Bangsamoro, there shall be cooperation and coordination between the
Bangsamoro Government and the appropriate Central or local government bodies;
54. Public works and highways within the
Bangsamoro;
55. Establishment of appropriate mechanisms for
consultations for women and marginalized sectors;
56.
Special development programs and laws for women, the youth, the elderly,
labor, the differently- abled, and indigenous cultural communities;
57. Local administration, municipal
corporations and other local authorities including the creation of local
governments. – The Bangsamoro Government shall manage and build its own bureaucracy and administrative
organization, in accordance with the ministerial form of government;
The Bangsamoro Parliament may
create, divide, merge, abolish or substantially alter boundaries of provinces,
cities, municipalities or barangays in accordance with a law enacted by the
Bangsamoro Parliament, and subject to the approval by a majority of the votes
cast in a plebiscite in the political units directly affected. Subject to the
criteria provided in said law, the Bangsamoro Parliament may likewise create
appropriate local government units in the areas inhabited predominantly by
indigenous peoples;
However, when such acts require the
creation of a congressional district, the Bangsamoro Government shall cooperate
and coordinate with Central Government through the Philippine Congress –
Bangsamoro Parliament Forum to prioritize the deliberations on the creation of
the congressional district; and
58. Establishment or creation of other institutions, policies and laws for
the general welfare of the people in the Bangsamoro.
In having an ideal type of
development and empowers a certain area of responsibility dealing with people
and leading them in the way we think is better for them. To have freedom and
benefits that they haven’t got but with the help of this Bangsamoro Basic Law
they could attain peace on their own in living in a secured area where just
intended for them.
Section 4. Other Exclusive Powers. The following powers and competencies
previously granted to the Autonomous Region in Muslim Mindanao (ARMM) under
R.A. No. 6734, as amended by R.A. No.
9054, are hereby transferred to the Bangsamoro Government as part of its
exclusive powers:
a. To regulate and exercise authority over
foreign investments within its jurisdiction. The Central Government may intervene in such
matters only if national security is involved;
b. To proclaim a state of calamity over
its territorial jurisdiction or parts thereof whenever typhoons, flash floods, earthquakes,
tsunamis, or other natural calamities cause widespread damage or destruction to
life or property in the region. The state of calamity proclaimed by the Chief
Minister shall only be for the purpose of maximizing the efforts to rescue
imperiled persons and property and the expeditious rehabilitation of the
damaged area;
c. To temporarily take over or direct
operation of any privately-owned public utility
or business affected with public interest, in times of state of calamity
declared by the Chief Minister, when the
public interest so requires and under such reasonable terms and safeguards as
may be prescribed by the Parliament.
The public
utility or business concerned may contest the take-over of its operations by
the Bangsamoro Government by filing a proper case or petition with the Court of
Appeals;
d. To recognize constructive or traditional
possession of lands and resources by indigenous cultural communities subject to
judicial affirmation, the petition for which shall be instituted within a
period often (10) years from the effectivity of this Basic Law. The procedure
for judicial affirmation of imperfect titles under existing laws shall, as far
as practicable, apply to the judicial affirmation of titles to ancestral lands;
e. To adopt
and implement a comprehensive urban land reform and land use program, to ensure
the just utilization of lands within its jurisdiction;
f. The
Bangsamoro Parliament shall have the following powers:
1. To enact legislation on the
rights of the people of the Bangsamoro to initiate
measures for
the passage, amendment or repeal of regional or local legislation; to be consulted on
matters that affect their environment; to call for a referendum on important issues affecting
their lives; and, to recall regional or local officials;
2. To conduct inquiries or public
consultations in aid of legislation in accordance with its rules. In connection
therewith, it shall have the power to issue subpoena or subpoena duces tecum to
compel the attendance of witnesses and the production of papers, documents, or
things by witnesses or persons under investigation by the Parliament, itself,
or by any of its committees. It shall also have the right to cite witnesses or
persons under investigation for contempt for refusal to testify before it or
before any of its committees or to produce papers, documents or things required
by the Parliament or any of its committees. The rights of persons appearing in
or affected by such inquiries shall be respected;
3. To enact a law that would allow the Chief
Minister, Speaker of the Parliament
and the Presiding Justice of the Bangsamoro Shari'ah High Court to augment any item in the Bangsamoro General
Appropriations Law for
their respective offices from savings in other items of their respective appropriations;
4. To enact a law that shall regulate
the grant of franchises and concessions, and
empower the
Chief Minister to grant leases, permits, and licenses over agricultural lands
and for forest management;
g. To create
pioneering firms and other business entities needed to boost economic development
in the Bangsamoro;
h. To
establish and operate pioneering public utilities in the interest of regional
welfare and security. Upon payment of just compensation, it may cause the
transfer of the ownership of such utilities to cooperatives or other collective
organizations;
i. To support
and encourage the building up of entrepreneurial capability in the Bangsamoro
and to recognize, promote, and protect cooperatives;
j. To
supervise and regulate private schools in the Bangsamoro and to allow for the
participation of three (3) representatives of private schools in the deliberations of the
appropriate Bangsamoro Government’s ministry or office on matters dealing with private schools;
k. To be represented
in the board of the state universities and colleges (SUCs) in the Bangsamoro by
the Chair of the appropriate committee of the Bangsamoro Parliament, either as
co-chair or co-vicechair. The SUCs within the Bangsamoro shall be considered
part of the Bangsamoro educational system. This notwithstanding, these SUCs
shall enjoy academic freedom and fiscal autonomy and shall continue to be
governed by their respective charters;
l. To
supervise, through the appropriate ministry, the accredited madaris in the
Bangsamoro;
m. To
conduct periodic competitive qualifying examinations of madaris teachers for permanent appointments
to the Bangsamoro education system;
n. To adopt
measures to protect and promote the rights of people's organizations and other
collective organizations;
o. To adopt
measures for the protection of the youth in the Bangsamoro and the promotion of
their welfare, and to create the appropriate office and other mechanisms for
the implementation of such measures;
p. To enforce
the policy against the appointment or designation of any member of the Armed
Forces of the Philippines in the active service to a civilian position in the
Bangsamoro Government, including government-owned and/or -controlled
corporations, or in any of their subsidiaries or instrumentalities within the
Bangsamoro.
It clarifies
the thought that they want to have their own state, they can’t proclaim that they
are but according to the Articles of Bangsamoro Basic Law that I have read from
the first place the territory which they demanded a certain area which is in
the ARMM (Autonomous Region of Muslim in Mindanao) and of the budget that could
help them in their development. They demanded in the Central Government which
really ends for peace but there are possibilities in which people may trick the
Constitution and by Laws that they have made in order for them to attain what
they really meant to get at the first place.
Article XIII
ECONOMY AND PATRIMONY
Section 1. Bangsamoro Economy and
Social Justice -
The Bangsamoro Government’s economic policies and programs shall be based on
the principle of social justice. Pursuant to this principle, the
Bangsamoro Parliament shall legislate laws pertaining to the Bangsamoro economy
and patrimony that are responsive to the needs of its people.
Sustainable Development
Section 2. Equitable and Sustainable
Development. – In order to protect and improve the quality of life of the inhabitants of the Bangsamoro, development
in the Bangsamoro shall be
carefully planned, taking into consideration 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 shall facilitate growth and full employment, human
development, and social justice.
The Bangsamoro Government shall also
provide equitable opportunities for the development of constituent local
government units and shall strengthen governance systems to ensure people’s
participation.
Section 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. Such framework shall guide the Bangsamoro
Government in adopting programs and policies and establishing mechanisms that
focus on the environment dimensions of social and economic interventions. It
shall include measures for the reduction of vulnerability of women and
marginalized groups to climate change and variability.
Section 4. Bangsamoro Sustainable
Development Board–
The Bangsamoro. Parliament shall create a Bangsamoro Sustainable
Development Board (BSDB), an intergovernmental body composed of representatives
from the Bangsamoro Government and the Central Government. The Board shall
ensure the harmonization of environmental and developmental plans, as well as
formulate common environmental objectives.
Funding support for the Board shall
be included in the annual budget of the Bangsamoro Government. However, if
there are revenues collected from the exploration, development and utilization
of all natural resources within the Bangsamoro, a certain percentage of such
revenues shall be allocated for the operation of the Board, as may be provided
in a law to be passed by the Bangsamoro Parliament.
Section 5. Bangsamoro Development Plan. –
The Bangsamoro Government shall formulate its development plans taking into consideration
the Bangsamoro people’s unique needs and aspirations and consistent with
national development goals. The plan shall also consider the revenue generation
efforts needed for the post-conflict rehabilitation, reconstruction and
development of its territory. The plan shall include the promotion of growth
and full employment, human development, and address social and economic inequities
that have resulted from decades of neglect, historical injustice, poverty and
inequality.
For this purpose, the Bangsamoro
Parliament shall create an economic planning office.
Section 6. Gender and
Development. – The Bangsamoro Government
recognizes the role of women in governance and shall ensure the fundamental
equality before the law of women and men. It shall guarantee full and direct
participation of women in governance and in the development process and shall,
further, ensure that women benefit equally in the implementation of development
programs and projects.
In the utilization of public funds,
the Bangsamoro Government shall ensure that the needs of women and men are
adequately addressed. For this purpose, at least five percent (5%) of the total
budget appropriation of each ministry, office, and constituent local government
unit of the Bangsamoro shall be set aside for gender-responsive programs, in
accordance with a gender and development (GAD) plan. In the same manner, at
least five percent (5%) up to thirty percent (30%) of the official development
funds received by the Bangsamoro shall be set aside to complement said GAD budget
allocation. The Bangsamoro Government shall establish a mechanism for
consultation with women and local communities to further ensure the allocation
and proper utilization of said funds. It shall identify and implement special
development programs and laws for women.
Section 7. Participation of the
Bangsamoro in National Development Planning. – The preceding
section notwithstanding, and in order to ensure that the Bangsamoro development
plans are reflected in the national development plans, the Bangsamoro shall
participate in national development
planning. The Chief Ministershall be a fullfledged member of the Board
of the National Economic and Development Authority (NEDA).
Natural Resources
Section 8. Natural Resources, Nature
Reserves and Protected Areas. – The Bangsamoro Government
shall have the authority, power, and right to explore, develop and utilize the
natural resources, including surface and sub-surface rights, inlandwaters, coastal
waters, and renewable and non-renewable resources in the Bangsamoro.
The protection, conservation,
rehabilitation, and development of forests, coastal, and marine resources,
including the adoption of programs and
projects to ensure the maintenance of ecological balance, shall be given
priority.
The Bangsamoro Government shall also
have the power to declare nature reserves and aquatic parks, forests, watershed
reservations and other protected areas in the Bangsamoro, amending for this
purpose the following laws, among others:
a. Republic Act
No. 7586, otherwise
known as the
National Integrated Protected Areas System (NIPAS) Act of 1992,
as amended by Republic
Act No. 10629;
b. Presidential Decree
(PD) No. 705,
Revising PD 389 or the Forestry Code
of the Philippines;
c. PD No.
1515 Vesting Jurisdiction and Control over Watershed Reservations in the Ministry of
Energy and for other Purposes;
d. PD
87, Amending PD
No. 8, An
Act to Promote
the Discovery and Production of Indigenous
Petroleum and Appropriate Funds therefore; and
e. Republic Act No. 7942, Philippine
Mining Act of 1995.
The Bangsamoro Parliament shall pass
a law on protected areas, regarding the procedure for the declaration, and the
management of those that are so declared, and the role of the Bangsamoro
Government and other stakeholders in the process.
Section 9. Transfer of Existing Nature Reserves and Protected Areas. – The management and protection of nature
reserves and aquatic parks, forests, watershed reservations, and other
protected areas in the Bangsamoro territory that have already been defined by
and under the authority of the Central Government shall be transferred to the
Bangsamoro Government.Within three months from the establishment of the
Bangsamoro Transition Authority, the Bangsamoro Government and Department of
Environment and Natural Resources (DENR) as well as other relevant government agencies
shall start the process of transferring
these areas including the conduct of surveys of all affected areas and the
planning and transition for each and every protected area. Such process shall be
completed within a period not exceeding two years.
Section 10. Exploration, Development, and Utilization of Fossil Fuels and
Uranium. - The Bangsamoro Government and the Central
Government shall jointly exercise the power to grant rights, privileges and
concessions over the exploration, development and utilization of fossil fuels
(petroleum, natural gas, and coal) and uranium in the Bangsamoro.
The Central Government, through the
Department of Energy (DOE), 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 DOE and the Bangsamoro
Government will identify and select prospective contract areas to be offered
for exploration and development. A
qualified Filipino citizen who is a bona fide resident of the Bangsamoro will
receive a rating higher thanother proponents during the evaluation process. The
award of the service contract shall be made jointly by the DOE and the
Bangsamoro Government.
Section 11. Preferential Rights of Bona Fide Inhabitants of the
Bangsamoro. – Qualified
citizens who are bona fide inhabitants of the Bangsamoro shall have preferential
rights over the exploration, development, and utilization of natural resources,
including fossil fuels (petroleum, natural gas, and coal) and uranium, within the
Bangsamoro territory. Existing rights
over the exploration, development and utilization of natural resources shall be
respected until the expiration of the corresponding leases, permits, franchises
or concessions, unlesslegally terminated.
Section 12. Rights of Indigenous Peoples Over Natural Resources. – The Bangsamoro Parliament shall
enact a law recognizing the rights of indigenous peoples in the Bangsamoro in
relation to natural resources within the territories covered by a native title,
including their share in revenues, as provided in this Basic Law, and
preferential rights in the exploration, development and utilization of such
natural resources within their area.
The right of indigenous peoples to
free and prior informed consent in relation to development initiatives shall be
respected.
Section 13. Mines and Mineral Resources. – The Bangsamoro Government shall have authority
and jurisdiction over the exploration, development, and utilization of mines
and minerals in its territory. Permits and licenses and the granting of
contracts for this purpose shall be within the powers of the Bangsamoro
Government.
Section 14. Financial and Technical Assistance Agreements. – The applications for
Financial and technical assistance
agreements (FTAAs) covering mineral resources within the Bangsamoro shall be
commenced at and recommended by the Bangsamoro Government to the President.
The manner by which the Bangsamoro
Government shall make the recommendation shall be in accordance with the mining
policy that shall be adopted by the Bangsamoro Parliament.
Section 15. Regulation of Small-Scale Mining. – Small-scale mining shall be regulated by
the Bangsamoro Government to the end that the ecological balance, safety and
health, and the interests of the affected communities, the miners, the
indigenous peoples, and the local government units of the place where such
operations are conducted are duly protected and safeguarded.
Section 16. Legislating Benefits, Compensation for Victims and Communities
Adversely Affected by Mining and Other Activities that Harness Natural
Resources. - The
Bangsamoro Parliament shall enact laws for the benefit and welfare of the inhabitants
injured, harmed or adversely affected by the harnessing of natural and mineral
resources in the Bangsamoro. Such laws may include payment of just compensation
to and relocation of the people and rehabilitation of the areas adversely
affected by the harnessing of natural and mineral resources mentioned above.
The Bangsamoro Parliament may, by law,
require the persons, natural or juridical, responsible for causing the harm or
injury mentioned above to bear the costs of compensation, relocation and
rehabilitation mentioned above wholly or partially.
Section 17. Bangsamoro Mining Policy. - Policies on mining and other extractive
industries shall be drawn up by the Bangsamoro Parliament in accordance with
its Comprehensive Sustainable Development Plan, as well as its over-all
medium-term and long-term Bangsamoro Development Plan.
Section 18. Zones of Joint Cooperation. – Zones
of Joint Cooperation in the Sulu Sea and the Moro Gulf are hereby created, the
coordinates of which shall be defined by an ad hoc joint body composed of
representatives from the Department of Environment and Natural Resources (DENR)
and the National Mapping and Resource Information Authority (NAMRIA) and an
equal number of representatives from appropriate agencies of the Bangsamoro
Government.
The Joint Body shall be convened
within thirty (30) days after the ratification of this Basic Law and shall cease to exist after
it has established the coordinates of the Bangsamoro territory, including the Bangsamoro Waters and the Zones of Joint Cooperation. However, the said joint
body shall be reconvened within thirty (30) days after the conduct of a plebiscite
for the inclusion of other territories as provided in the Basic Law.
Section 19. Joint Body for the Zones of Joint Cooperation. – There shall be created a
Joint Body for the Zones of Joint
Cooperation composed of a Bangsamoro Minister as
Chair, at least one (1) representative
of a constituent local government unit of the Bangsamoro adjacent to the Sulu
Sea, at least one (1) representative of a constituent local government unit of
the Bangsamoro adjacent to the Moro Gulf, the Secretary of Environment and
Natural Resources, the Secretary of Agriculture, and the Secretary of
Transportation and Communication of the Central Government, or their authorized
representatives, and their counterpart officials from the appropriate Bangsamoro offices and/or agencies. There
shall be at least one (1) representative from an adjoining local government
unit that is not part of the Bangsamoro, and adjacent to the Sulu Sea, and at
least one (1) representative from an adjoining local government unit that is
not part of the Bangsamoro, and adjacent to the Moro Gulf. The Joint Body shall
be responsible for drawing up of policies mentioned in the preceding Section,
as well as those necessarily related thereto. The joint body may invite private
sector representatives from the fishing and transportation industries whenever
necessary.
The Central and the Bangsamoro
Governments shall work together to regulate the waters that comprise the Zones
of Joint Cooperation in the Sulu Sea and the Moro Gulf. Policies shall be
jointly drawn up for the following purposes:
a.
protection
of the traditional fishing grounds;
b.
benefitting
from the resources therein;
c.
ensuring
the interconnectivity of the islands and mainland parts of the Bangsamoro so
that they are parts of a cohesive Bangsamoro political entity; and
d.
ensuring
the exercise of the preferential rights of the Bangsamoro people, other
indigenous peoples in the adjoining provinces,
and the resident fishers in the Bangsamoro over fishery, aquamarine, and
other living resources in the Zones of Joint Cooperation. The Joint Body shall
promulgate rules and regulations as to the exercise of these preferential
rights. The preferential rights granted to the Bangsamoro people under this
section shall extend only to those who can establish that they are Bangsamoro
as defined in this Basic Law or descendants of a Bangsamoro as of February 2,
1987.
The Bangsamoro Government and the Central
Governments shall ensure that there shall be free movement of vessels, goods,
and people in these Zones of Joint Cooperation.
Section 20. Exploration, Development and Utilization of Non-living
Resources in the Zones of Joint Cooperation. The Joint Body for the Zones of Joint
Cooperation shall ensure the cooperation and coordination between the Central
Government and the Bangsamoro Government on the exploration, development and
utilization of nonliving resources in the Zones of Joint Cooperation and
determine the sharing of income and revenues derived therefrom.
Section 21. Transportation in the Zones of Joint Cooperation. Transportation plying direct
routes connecting the islands in Sulu, Basilan, Tawi-Tawi and/or the mainland
parts of the Bangsamoro and passing through the Zones of Joint Cooperation
shall be considered intra-regional routes.
Section 22. Inland Waters. – The Bangsamoro Government shall
have exclusive powers over inland waters, including, but not limited to lakes,
marshes, rivers and tributaries. The Bangsamoro Parliament shall enact laws on
the regulation, management and protection of these resources. It may create a
Bangsamoro office and authorities for specific inland bodies of water that
shall exercise management powers over these bodies of water.
The Bangsamoro Government shall
ensure that the utilization of these waters shall primarily be for the benefit
of the people in the Bangsamoro and shall ensure that communities in the
Bangsamoro in whose territory these waters are found are given an equitable
share from the revenues generated from such utilization.
Section 23. Agriculture, Fisheries, and Aquatic Resources. – The Bangsamoro Government’s policies and
laws on agriculture, fisheries, and aquatic
resources shall advance agriculture as a key development strategy,
promote productivity measures, and
provide support for farmers and fishers especially small landholders and marginal
fishers.
Trade and Industry
Section 24. Trade and Industry in the Bangsamoro.
–The Bangsamoro Government
recognizes the private sector as a
mover of trade,commerce, and industry. It shall encourage and support the
building up of entrepreneurial capability in the Bangsamoro and shall
recognize, promote, and protect cooperatives.
The Bangsamoro Government shall
promote trade and industry in the Bangsamoro by providing avenues through which
other countries can learn about its unique industries, economic opportunities
and culture through participation in trade missions, trade fairs, and other
promotional activities. It can also organize trade missions to other countries
observing the necessary coordination with the relevant government agencies. The
Bangsamoro Government shall also promote domestic trade preference for goods
produced and materials sourced from within the Bangsamoro and adopt measures to
increase their competitiveness. The Bangsamoro Government shall also ensure that
Bangsamoro products and services gain considerable access to the markets of its
trading partners, and particular attention should also be given to the markets
of its trading partners who have historic and cultural ties to the Bangsamoro.
The Bangsamoro Government shall
provide technical and skills training programs, create livelihood and job
opportunities, and allocate equitable preferential rights to its inhabitants.
In this regard, the Bangsamoro Parliament may adopt laws that will safeguard
the rights of workers.
Section 25. Barter Trade and Countertrade with ASEAN Countries. – The Bangsamoro Government shall regulate
traditional barter trade and counter-trade with ASEAN countries. The goods or
items that are traded with the said countries shall not be sold elsewhere in
the country without payment of appropriate customs or import duties.
Traditional barter trade and
counter-trade refer to all cross-border trade of all goods not otherwise
considered illicit since time immemorial between the Bangsamoro areas with
ASEAN countries. The Bangsamoro Government shall ensure compliance with
national standards and safety product standards requirements. Any dispute in
relation to compliance or non-compliance shall be brought to the intergovernmental
relations mechanism.
Section 26. Economic Zones, Industrial Estates and Free Ports. – The Bangsamoro
Government may establish economic
zones, industrial estates and free ports in the Bangsamoro. Through the
intergovernmental relation mechanism, the Bangsamoro Government and the Central
Government shall cooperate on customs,
immigration, quarantine service including the attendant international
commitments thereto, to implement and make fully operational such economic
zones, industrial estates, and free ports within one (1) year from their
establishment. Business and other enterprises operating within the Bangsamoro
economic zones, industrial estates and free ports shall be entitled to the
fiscal incentives and other benefits provided by the Central Government to
special economic zones. The Bangsamoro Government shall implement the fiscal
incentives and other benefits to investors in economic zones, industrial
estates and free ports. Bangsamoro free ports shall be contiguous/ adjacent to
a seaport or airport. The area of coverage of a free port may be so much as may
be necessary of that portion of the constituent local government unit/s of the
Bangsamoro, subject to such criteria as the
Bangsamoro Parliament may provide in law for that purpose. Existing free
ports in the ARMM are hereby transferred to the Bangsamoro Government.
Section 27. Prohibition Against Toxic or Hazardous Substances.
– The Bangsamoro
Government shall regulate, restrict
or prohibit the use, importation, transit, transport, deposit, disposal, and
dumping of toxic or hazardous substances within the Bangsamoro. It shall, in
the same manner, regulate activities that may adversely impact the environment
and may be harmful to health, safety and welfare of the Bangsamoro.
Section 28. Halal-Certifying Bodies; Halal Campaign Program. – The Bangsamoro Government shall
have the power to accredit halal-certifying bodies in the Bangsamoro. It shall
promote awareness through the development and implementation of a halal
campaign program.
Banking and Finance
Section 29. Banks and Financial Institutions. – The Bangsamoro Government shall encourage the
establishment of:
a.
banks
and financial institutions and their branches; and
b. off-shore
banking units of foreign banks within the Bangsamoro, and principles of the
Islamic banking system.
Section 30. Islamic Banking and Finance.
– The
Bangsamoro Government, the Bangko Sentral ng Pilipinas (BSP), the Department of
Finance (DOF), and the National Commission on Muslim Filipinos (NCMF) shall
jointly promote the development of an Islamic banking and finance system, to
include among others the establishment of a Shari’ah Supervisory Board.
To facilitate the establishment of
an Islamic banking and finance system, the Central and the Bangsamoro Governments
shall review existing market environment and policies and adopt measures to
enhance the competitiveness of Islamic finance products and that Islamic
financial players are not inhibited from introducing Islamic finance products.
It shall further promote investor awareness and acceptance in order to build a
broader customer and asset base.
Transportation and
Communications
Section 31. Transportation and Communications. – The Bangsamoro Government shall exercise
such powers, functions and responsibilities that have been devolved or
decentralized to the ARMM.
The intergovernmental relations body
shall convene the Department of Transportation and Communication, Civil
Aviation Authority of the Philippines, Civil Aeronautics Board, Maritime
Industry Authority, Philippine Ports Authority, Land Transportation Franchising
Regulatory Board, Land Transportation Office, the National Telecommunications
Commission, and other concerned agencies of the Central Government and the
Bangsamoro Government. The body shall perform the following functions:
(a)
Determine
the exercise of additional powers, functions and responsibilities relating to transportation
and communications in the Bangsamoro
based on the principles of subsidiarity, technical and financial viability, harmonization
(uniform system concept), compliance
with international standards, treaties, and conventions, and mutual respect and
recognition, and in recognition of the Bangsamoro’s aspiration
to assume further powers as may be practically operationalized as it
capacity develops;
(b) Issue
rules and regulation to implement the additional powers, functions and
responsibilities over transportation and communication in the Bangsamoro;
(c) Harmonize policies, programs, regulations and standards; and
(d) Resolve problems of implementation between
the Central Government and the Bangsamoro Government.
All revenues derived by the
Bangsamoro Government from the exercise of its powers, functions and
responsibilities shall pertain to the Bangsamoro Government.
In this Article they clarify
that they want to be independent in where from the start they need the
cooperation of the Central Government in building and maximizing the things that
they could and could establish a better way of friendship between the
Bangsamoro Officials and the Central Government. They tend to get independent
way of living so that they could see the improvement and the development of the
area that was given to them. Also as it stated that they are given the right to
explore their own resources within their territory and no one from the Central
Government will be allowed to join or to explore their resources. That they are
the one who will develop their resources in marine, land, mining, coastal areas
and everything that were in their territory is known to be their property and
they need privacy of their own property to accomplish and help the Central
Government as it helps them in the development of Bangsamoro areas.
