Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
Sixteenth Congress
Second Regular Session
HOUSE BILL NO. _________

Introduced by Representatives

AN ACT
PROVIDING FOR THE BASIC LAW FOR THE BANGSAMORO
AUTONOMOUS REGION, REPEALING FOR THE PURPOSE
REPUBLIC ACT NO. 9054, ENTITLED AN ACT TO
STRENGTHEN AND EXPAND THE ORGANIC ACT FOR THE
AUTONOMOUS REGION IN MUSLIM MINDANAO, AND
REPUBLIC ACT NO. 6734, ENTITLED AN ACT PROVIDING FOR
AN ORGANIC ACT FOR THE AUTONOMOUS REGION IN
MUSLIM MINDANAO

Be it enacted by the Senate and the House of Representatives of the

Philippines in Congress assembled:
PREAMBLE
We, the Bangsamoro people, the non-Moro indigenous peoples, Christian
settlers, and the other inhabitants of the Bangsamoro Autonomous Region,
imploring the aid of the Almighty God, aspiring to establish an enduring
peace on the basis of justice in our communities and a justly balanced
society, and asserting our right to conserve and develop our patrimony;
Within the framework of the Constitution and national sovereignty as well as
the territorial integrity of the Republic of the Philippines, the universally
accepted principles of human rights, liberty, justice, democracy, and the
norms and standards of international law, reflective of our system of life
prescribed by our faith, and in harmony with our customary laws, cultures
and traditions;

Affirming the distinct historical identity and birthright of the Bangsamoro

people to their ancestral homeland and their right to self-determination
beginning with the struggle for freedom of their forefathers in generations
past and extending to the present that will secure their identity and
posterity, and allow for genuine autonomy and meaningful self-governance;
With the blessings of the Almighty God, do hereby ordain and promulgate
this Basic Law, through the Congress of the Republic of the Philippines, as
the Basic Law of the Bangsamoro Autonomous Region, that establishes the
asymmetrical political relationship with the National Government founded
on the principles of subsidiarity and national unity.
Article I
NAME AND PURPOSE
SECTION 1. Short Title. This law shall be known and cited as the Basic
Law of the Bangsamoro Autonomous Region.
SEC. 2. Name. The name of the political entity under this Basic Law shall
be the Bangsamoro Autonomous Region.
SEC. 3. Purpose. The purpose of this Basic Law is to establish a political
entity, provide for its basic structure of government in recognition of the
justness and legitimacy of the cause of the Bangsamoro people and to secure
their identity and posterity and allow for meaningful self-governance.
Article II
BANGSAMORO IDENTITY
SECTION 1. Bangsamoro People. Those who at the time of conquest
and colonization were considered natives or original inhabitants of
Mindanao and the Sulu archipelago and their adjacent islands including
Palawan, and their descendants, whether of mixed or of full blood, shall
have the right to identify themselves as Bangsamoro by ascription or selfascription. Spouses and their descendants are classified as Bangsamoro.
SEC. 2. Freedom of Choice. The freedom of choice of other indigenous
peoples shall be respected. There shall be no discrimination on the basis of
identity, religion, and ethnicity.
SEC. 3. Bangsamoro Symbol. The Bangsamoro Parliament shall adopt
the official emblem, seal and hymn of the Bangsamoro Autonomous Region.

Article III
GEOGRAPHICAL AREA OF THE
BANGSAMORO AUTONOMOUS REGION

SECTION 1. Definition of Geographical Area. Geographical area refers

to the land mass as well as the waters over which the Bangsamoro
Autonomous Region has jurisdiction. The area of the Bangsamoro
Autonomous Region shall remain a part of the Philippines.
SEC. 2. Bangsamoro Geographical Area. The Geographical Area of the
Bangsamoro Autonomous Region is composed of:
a.

The present geographical area of the Autonomous Region in

Muslim Mindanao;

b.

The municipalities of Baloi, Munai, Nunungan, Pantar,

Tagoloan, and Tangkal in the province of Lanao del Norte and
all other barangays in the municipalities of Kabacan, Carmen,
Aleosan, Pigkawayan, Pikit, and Midsayap that voted for
inclusion in the Autonomous Region of Muslim Mindanao
during the 2001 plebiscite;

c.

The cities of Cotabato, Isabela, and Lamitan; and

d.

All other contiguous cities and provinces where there is a

resolution of the local government unit or a petition of at least
ten percent (10%) of the registered voters in the areas affected
asking for their inclusion at least two (2) months prior to the
conduct of the ratification of the Basic Law and the process of
delimitation of the Bangsamoro.

In order to ensure the widest acceptability of the Basic Law in the areas
above-mentioned, a popular ratification shall be conducted among all the
Bangsamoro, the indigenous peoples, Christian settlers and other inhabitants
within the areas for their adoption.
SEC. 3. Contiguous Territory. Any local government unit or geographic
area outside the territorial jurisdiction of the Bangsamoro but which are
contiguous to any of the component units of the Bangsamoro and within the
area of autonomy identified in the 1976 Tripoli Agreement, may opt to be
part of the Bangsamoro by filing a petition of at least ten percent (10%) of
the registered voters of the interested local government unit or geographic
area. The inclusion of the local government unit or geographic area in the
Bangsamoro shall be effective upon approval by a majority of the votes cast

in the plebiscite of the political units directly affected. Petitions for inclusion
may only be filed on the fifth (5th) and tenth (10th) year following the
enactment of this Basic Law.
The schedule of the plebiscite shall be determined by the Commission on
Elections.
SEC. 4. Inland Waters. All inland waters such as lakes, rivers, river
systems and streams within the Bangsamoro area are part of the Bangsamoro
Autonomous Region. The preservation and management thereof shall be
under the jurisdiction of the Bangsamoro Government.
SEC. 5. Bangsamoro Waters The Bangsamoro waters shall extend up to
22.224 kilometers (12 nautical miles) from the low-water mark of the coasts
that are part of the Bangsamoro area. The Bangsamoro Waters shall be part
of the territorial jurisdiction of the Bangsamoro Autonomous Region.
Where a constituent local government unit of the Bangsamoro Autonomous
Region and an adjoining local government unit are so situated on the
opposite shores such that there is thirty (30) kilometers of waters or less
between them, a line equally distant from the opposite shores shall be drawn
to demarcate the Bangsamoro Waters and the municipal waters of the
adjoining local government unit.
In case they are so situated that there is more than thirty (30) kilometers but
less than 37.224 kilometers of waters between them, a line shall be drawn at
the edge of the fifteen (15) kilometers municipal waters of the adjoining
local government unit to demarcate it from the Bangsamoro Waters.
Ten (10) years after the passage of this Basic Law, the National Government
and the Bangsamoro Government shall discuss the enhancement of the area
of the Bangsamoro waters through the necessary processes and modalities.
SEC. 6. Constituent Units. The provinces, cities, municipalities,
barangays, and geographical areas within the Bangsamoro Area are the
constituent units of the Bangsamoro.
SEC. 7. Collective Democratic Rights of the Bangsamoro People. The
collective rights of the constituents of the Bangsamoro Autonomous Region
shall be recognized.

Article IV
GENERAL PRINCIPLES AND POLICIES
SECTION 1. Self-Governance. In the exercise of its right to selfdetermination, genuine autonomy, and meaningful self-governance, the
Bangsamoro people is free to pursue its political, economic, social and
cultural development.
SEC. 2. Democratic Political System. The Bangsamoro Government is
parliamentary. Its political system is democratic, allowing its people to
freely participate in the political processes within its area. Pursuant to the
rights of women to meaningful political participation, women shall be
represented in all decision-making bodies of the Bangsamoro Government.
SEC.
3. Electoral System. An electoral system suitable to a
parliamentary form of government shall be adopted for the elections of the
officials of the Bangsamoro Parliament, which allows democratic
participation, encourages formation of genuinely principled political parties,
and ensures accountability.
SEC.
4. Civilian Government. Governance in the Bangsamoro
Autonomous Region is the responsibility of the duly-elected civilian
government.
SEC. 5. Promotion of Unity. The Bangsamoro Government shall
promote unity, peace, justice, and goodwill among all peoples, as well as
encourage a just and peaceful settlement of disputes.
SEC. 6. Promotion of Right. The Bangsamoro Government shall adhere
to the principle of enjoining what is right and forbidding what is wrong.
SEC. 7. Social Justice. The Bangsamoro Government shall ensure that
every person in the Bangsamoro area is provided the basic necessities and
equal opportunities in life. Social justice shall be promoted in all phases of
development and facets of life within the Bangsamoro area.
SEC. 8. International Treaties and Agreements. The Bangsamoro
Government shall respect and adhere to all international treaties and
agreements binding upon the National Government.
SEC. 9. Declaration on the Rights of Non-Moro Indigenous Peoples.
The Bangsamoro Government recognizes and promotes the rights of non-

Moro indigenous peoples within the framework of national unity and

development.
Article V
POWERS OF GOVERNMENT
SECTION 1. Reserved Powers. Reserved powers are matters over which
authority and jurisdiction are retained exclusively by the National
Government. The National Government shall exercise the following
reserved powers:
a.
b.
c.
d.
e.
f.
g.
h.
i.

j.
k.

National defense and national security;

Foreign policy;
Banking, coinage and monetary policy;
Postal service;
Citizenship and naturalization;
Immigration;
Powers of the Ombudsman;
Customs and tariff as qualified by Section 2 (10), Article V of
this Basic Law;
Common market and global trade, provided that the power to
enter into economic agreements given to the Autonomous
Region of Muslim Mindanao (ARMM) under Republic Act No.
9054 is hereby transferred to the Bangsamoro Government as
provided in Section 25, Article XII of this Basic Law;
Intellectual property rights; and
All other powers not granted to the Bangsamoro Government
by this Basic Law.

SEC. 2. Concurrent Powers. Concurrent powers refer to the powers

shared between the National Government and the Bangsamoro Government
within the Bangsamoro as provided in this Basic Law.
The National Government and the Bangsamoro Government shall exercise
shared powers within the Bangsamoro on the following matters:
a.

Social security and pension. The Bangsamoro Government

may organize its own social security and pension systems
alongside the existing National Government social security and
pension systems.

The Bangsamoro Government and the National Government

shall through the intergovernmental relations mechanism and
other consultative processes, among others, ensure that the
investment of the contributions from the members from the
Bangsamoro in the National Government social security and
pension is responsive to their cultural and religious sensitivities.
The future relationship of the National 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.
b.

Quarantine. There is hereby created an office for quarantine

services in the Bangsamoro. It shall cooperate and coordinate
with its counterpart offices in the National Government.

c.

Land Registration. The Bangsamoro Government, in

accordance with the land registration system of the National
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 National
Government agencies. The Bangsamoro Government may act
on consultas.
The Bangsamoro Government may institute processes to
promote more efficient registration of lands within the
Bangsamoro Autonomous Region.

d.

Pollution control. The National Government and the

Bangsamoro Government agencies shall cooperate and
coordinate through the intergovernmental relations mechanism
on pollution control matters.

e.

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.

f.

Penology and penitentiary. The National 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 countrys administration of justice.
g.

Auditing. The Bangsamoro auditing body shall have internal

auditing responsibility over revenues and other funds generated
within or by the region from external sources. This shall be
without prejudice to the power, authority, and duty of the
Commission on Audit to examine, audit, and settle all accounts
pertaining to the revenues and the use of funds and property
owned and held in trust by any government instrumentality,
including government-owned and -controlled corporations
(GOCCs).

h.

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
Republic Act No. 9054, and without prejudice to the power,
authority and duty of the Civil Service Commission.
There is hereby created a Civil Service Office for the
Bangsamoro Autonomous Region that shall develop and
administer a professional civil service corps, without prejudice
to the power, authority, and duty of the 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,
the merit and fitness system, and the protection of civil service
eligibles in various government positions, including
government-owned and/or controlled corporations with original
charters, in the Bangsamoro Autonomous Region. The Civil
Service Office will be monitored, regulated, and supervised by
the Civil Service Commission.

The Bangsamoro Government shall have disciplinary authority

over its own officials and employees. The disciplining authority
of the Bangsamoro Government over its own officials and
employees is without prejudice to the Constitutional powers,
duties, and authority of the Office of the Ombudsman to
investigate any act or omission of any public official, employee,
office, or agency.
i.

Coast guard. The National Government shall have primary

responsibility over coast guard matters. The National
Government and the Bangsamoro Government shall cooperate
and coordinate through the intergovernmental relations
mechanism.

j.

Customs and Tariff. The Bangsamoro Government and the

National 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 Association of Southeast Asian Nations
(ASEAN) as well as the regulation of the entry of haram goods
in the Bangsamoro geographical area.

k.

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 Shariah
courts and the Shariah justice system in the Bangsamoro
Autonomous Region. The supremacy of Shariah and its
application shall only be to Muslims.

l.

Funding for the maintenance of national roads, bridges, and

irrigation systems. The National Government shall be
responsible for the funding, construction and maintenance of
national roads, bridges and irrigation systems in the
Bangsamoro Autonomous Region and shall include in the
National Road Network Information System all national roads
and bridges in the Bangsamoro Autonomous Region. There
shall be coordination through the intergovernmental relations
mechanism between the National Government and relevant
Bangsamoro Government agencies on the matter of national

roads, bridges, and irrigation systems within the Bangsamoro

Autonomous Region.
The Bangsamoro Government shall submit proposals to the
appropriate national government agency for the inclusion of the
cost of such maintenance in the latters 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 National Government.
m.

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 National
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 National 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.

n.

Public order and safety. The Bangsamoro Government shall

have joint responsibility with the National Government over
public order and safety within the Bangsamoro Autonomous
Region. It shall have powers over public order and safety
including those related to jail management, fire prevention, and
trainings on public safety.

o.

Ancestral Domains/Ancestral lands of the non-Moro indigenous

peoples. There is hereby created the Ministry for Non-Moro
Indigenous Peoples which shall be part of the Bangsamoro
cabinet. The Ministry on Non-Moro Indigenous Peoples shall
have the primary responsibility to formulate and implement
policies, plans, programs to promote and protect the well-being

of non-Moro indigenous peoples and the recognition of their

ancestral domains as well as the rights thereto. Towards this
end, the Ministry shall ensure that the non-Moro indigenous
peoples shall have a meaningful participation in all activities
pertinent thereto in accordance with their own indigenous
decision-making institutions.
The Bangsamoro Government and the National Government
shall cooperate and coordinate through existing national laws
such as Republic Act No. 8371, otherwise known as the
Indigenous Peoples Rights Act of 1997, to create policies for
the identification, delineation and titling of ancestral domains.
SEC. 3. Exclusive Powers. - Exclusive powers are matters over which
authority and jurisdiction pertain to the Bangsamoro Government. The
Bangsamoro Government shall exercise these powers over the following
matters within the Bangsamoro:
a.

Agriculture, livestock, and food security;

b.

Economic and cultural exchange;

c.

Contract loans, credits, and other forms of indebtedness with

any government or private bank and other lending institutions,
in accordance with the Constitution;

d.

Trade, industry, investment, enterprises, and regulation of

businesses taking into consideration relevant laws;

e.

Labor, employment and occupation;

f.

Registration of business names with the Bangsamoro

Government, listing these in the Philippine Business Registry
for business names;

g.

Barter trade and countertrade with ASEAN countries;

h.

Economic zones and industrial centers;

i.

Free ports. The Bangsamoro Government may establish free

ports in the Bangsamoro Autonomous Region. The
Bangsamoro Government shall cooperate with the National
Government through the intergovernmental relations

mechanism on customs, immigration, quarantine service and

international commitments. Business and other enterprises
operating within the Bangsamoro free ports are entitled to the
fiscal incentives and other benefits provided by the National
Government to special economic zones. Bangsamoro free ports
shall be contiguous or adjacent to seaport or airport within the
Bangsamoro Autonomous Region;
j.

Tourism;

k.

Creation of sources of revenue;

l.

Budgeting;

m.

Financial and banking system. This is without prejudice to the

power of supervision of the Bangko Sentral ng Pilipinas and
provided further that the Bangsamoro Government, the BSP,
the Department of Finance, and the National Commission on
Muslim Filipinos shall jointly promote the development of the
Islamic banking system, to include, among others, the
establishment of a Shariah supervisory board;

n.

Establishment
of
government-owned
or
-controlled
corporations and financial institutions. The Bangsamoro
Government shall legislate and implement the creation of its
own government-owned or -controlled corporations in the
pursuit of the common good, and subject to economic viability.
The government-owned or -controlled corporations shall be
registered with the Securities and Exchange Commission, or
shall be established under a legislative charter by the
Bangsamoro Government;

o.

The Bangsamoro Government shall have authority to regulate

power generation, transmission and distribution operating
exclusively in the Bangsamoro Autonomous Region and not
connected to the national transmission grid. It shall promote
investments, domestic and international, in the power sector
industry in the Bangsamoro Autonomous Region. Power plants
and distribution networks in the Bangsamoro Autonomous
Region 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 Mindanao grid, the
National Government and the Bangsamoro Government shall
cooperate and coordinate through the intergovernmental
relations mechanism;
p.

Public utilities operations in the Bangsamoro Autonomous

Region - In case of inter-regional utilities, there shall be
cooperation and coordination among the relevant government
agencies;

q.

Receive grants and donations except grants and donations from

foreign governments which require the concurrence of the
National Government;

r.

Education and skills training;

s.

Science and technology;

t.

Research councils and scholarships;

u.

Culture and language;

v.

Sports and recreation;

w.

Regulation of games and amusement operations within the

Bangsamoro Autonomous Region;

x.

Libraries, museums, and 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 National Government shall transfer the
management of such sites currently under the jurisdiction of the
National Museum, National Historical Commission, and other
agencies of the National 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
National Government on the regulation, excavation,
preservation, and exportation of cultural properties, as well as
on the recovery of lost historical and cultural artifacts;

y.

Regulations on manufacture and distribution of consumer

products for the welfare of the Bangsamoro;

z.

Hajj and Umrah. The Bangsamoro Government shall have

primary jurisdiction over Hajj and Umrah matters affecting
pilgrims from within the Bangsamoro Autonomous Region.
The National 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 National
Government on Hajj and Umrah matters involving offices and
agencies outside the Bangsamoro Autonomous Region;

aa.

Customary laws;

bb.

Declaration of Bangsamoro holidays;

cc.

Ancestral domain and natural resources;

dd.

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;

ee.

Cadastral land survey. The Bangsamoro Government shall

have the authority to conduct cadastral surveys, lot surveys, and
isolated and special surveys in the Bangsamoro Autonomous
Region. The Bangsamoro Government shall furnish the results
of these surveys to, and coordinate with, relevant National
Government agencies to effect inclusion into national cadastral
survey;

ff.

Expropriation and eminent domain;

gg.

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 Autonomous Region;

hh.

Inland waterways for navigation;

ii.

Inland waters;

jj.

Management, regulation, and conservation of all fishery, marine

and aquatic resources within the Bangsamoro area jurisdiction;

kk.

Bangsamoro settlements;

ll.

Customary justice;

mm. Shariah courts and Shariah justice system;

nn.

Public administration and bureaucracy for the Bangsamoro;

oo.

Health, provided that the National Government and the

Bangsamoro Government shall cooperate with and assist each
other in the prevention and control of epidemic and other
communicable diseases;

pp.

Social services, social welfare, and charities;

qq.

Waste management;

rr.

Establishment and supervision of humanitarian services and

institutions;

ss.

Identification, generation, and mobilization of international

human resources for capacity-building and other activities
involving the same within the Bangsamoro Autonomous
Region. The National Government shall cooperate with and
assist the Bangsamoro Government towards ensuring access to
relevant human resources through the intergovernmental
relations mechanism;

tt.

Establishment of Awqaf (endowment) and charitable trusts;

uu.

Hisbah office for accountability as part of the Shariah justice

system;

vv.

Registration of births, marriages and deaths, copies of which

shall be forwarded to the Philippine Statistics Authority;

ww. Housing and human settlements;

xx.

Development planning;

yy.

Urban and rural development;

zz.

Water supplies and services, flood control and irrigation

systems in the Bangsamoro Autonomous Region, provided that
with regard to water supplies and services, flood control and
irrigation systems that connect to or from facilities outside the
Bangsamoro Autonomous Region, there shall be cooperation
and coordination between the Bangsamoro Government and the
appropriate national or local government bodies;

aaa. Public works and

Autonomous Region;

highways

within

the

Bangsamoro

bbb. Establishment of appropriate mechanisms for consultations for

women and marginalized sectors;
ccc. Special development programs and laws for women, the youth,
the elderly, labor, persons with disabilities (PWDs), and nonMoro indigenous peoples;
ddd. 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 parliamentary form of government;
The Bangsamoro Parliament may create, divide, merge, abolish
or substantially alter boundaries of 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 the law, the Bangsamoro
Parliament may likewise create appropriate local government
units in the areas inhabited predominantly by indigenous
peoples; and
eee. Establishment or creation of other institutions, policies, and
laws for the general welfare of the people in the Bangsamoro.
SEC. 4. Other Exclusive Powers. The following powers and competencies
previously granted to the Autonomous Region in Muslim Mindanao under

Republic Act No. 6734, as amended by Republic Act No. 9054, are hereby
transferred to the Bangsamoro Government as part of its exclusive powers:
a.

Subject to the provisions of the Constitution, to regulate and

exercise authority over foreign investments within its
jurisdiction;

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 imperilled persons
and property and the expeditious rehabilitation of the damaged
area. The state of calamity proclaimed shall in no way suspend
any provision of the Constitution or this Basic Law, as well as
the pertinent laws promulgated by the National Government
and the Bangsamoro Government;

c.

To temporarily take over or direct operation of any privatelyowned 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 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; and to

call for a referendum on important issues affecting their
lives;
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,
by itself, or 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 allows 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. Subject to the provisions of the Constitution, to enact a law
that regulates the grant of franchises and concessions, and
empowers 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 Autonomous
Region;

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 Autonomous Region and to
recognize, promote and protect cooperatives;

j.

To supervise and regulate private schools in the Bangsamoro

Autonomous Region and to allow for the participation of three
(3) representatives of private schools in the deliberations of the
appropriate Bangsamoro Governments ministry or office on
matters dealing with private schools;

k.

To be represented in the board of the state universities and

colleges in the Bangsamoro Autonomous Region by the Chair
of the appropriate committee of the Bangsamoro Parliament, as
member. The state universities and colleges within the
Bangsamoro Autonomous Region shall be considered part of
the Bangsamoro educational system. This notwithstanding,
these state universities and colleges 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 Autonomous Region;

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 or -controlled
corporations, or in any of their subsidiaries or instrumentalities
within the Bangsamoro Autonomous Region.
Article VI
INTERGOVERNMENTAL RELATIONS

SECTION 1. Asymmetric Relationship. The relationship between the

National Government and the Bangsamoro Government is asymmetric. This

is reflective of the recognition of the Bangsamoro identity and the aspiration

for self-governance. This makes it distinct from other regions and other
local governments. Asymmetric relationship refers to the relationship
between the National Government and the Bangsamoro Government as an
autonomous region, as provided under Section 15, Article X of the 1987
Constitution, wherein the autonomous regions are granted more powers and
less intervention from the National Government compared to other territorial
and political subdivisions.
SEC. 2. Respect for Competencies. The National Government shall
respects the exercise of competencies and exclusive powers of the
Bangsamoro Government. Similarly, the Bangsamoro Government respects
the exercise of the competencies and reserved powers of the National
Government.
SEC. 3. General Supervision. Consistent with the principle of autonomy
and the asymmetric relation of the National Government and the
Bangsamoro Government, the President shall exercise general supervision
over the Bangsamoro Government to ensure that laws are faithfully
executed.
SEC. 4. Presidential Office for Bangsamoro Affairs There shall be
created a Presidential Office for Bangsamoro Affairs which shall be headed
by a Secretary with Cabinet Rank.
SEC. 5. Assistant Solicitor General for the Bangsamoro Affairs An
Assistant Solicitor General from the Office of the Solicitor General shall be
designated by the Solicitor General to exclusively handle legal matters
pertaining to the Bangsamoro Autonomous Region.
SEC. 6. Intergovernmental Relations Mechanism. The National
Government and the Bangsamoro Government shall establish a mechanism
at the highest levels that coordinates and harmonizes their relationships. For
this purpose, the primary mechanism shall be a National Government
Bangsamoro Government Intergovernmental Relations Body to resolve
issues on intergovernmental relations. All disputes and issues relating to
these intergovernmental relations shall be resolved through regular
consultations and continuing negotiations in a non-adversarial manner.
The Intergovernmental Relations Body shall exhaust all means to resolve all
issues brought before it. Unresolved issues shall be elevated to the President,
through the Chief Minister.

The Secretary of the Presidential Office for Bangsamoro Affairs shall

represent the National Government. The Bangsamoro Government shall
have a Minister who shall sit in this Intergovernmental Relations Body,
representing the Bangsamoro Government. The Intergovernmental Relations
Body shall be supported by a joint secretariat.
SEC. 7. Council of Leaders. The Bangsamoro Council of Leaders shall
consist of the Chief Minister, provincial governors, mayors of chartered
cities, one representative each from the Sultanates of Sulu, Maguindanao,
and Lanao, and representatives from the non-Moro indigenous communities,
women, settler communities, and other sectors. The Bangsamoro Council of
Leaders shall be chaired by the Chief Minister. The Bangsamoro Council of
Leaders shall advise the Chief Minister on matters of governance in the
Bangsamoro Autonomous Region. The representation of the non-Moro
indigenous peoples shall be pursuant to their customary laws and indigenous
processes.
SEC. 8. Devolution and Subsidiarity. The National Government and the
Bangsamoro Government accept the concept of devolution as inspired by the
principles of subsidiarity. Decisions are to be made at the appropriate level
to ensure public accountability and transparency, and in consideration of
good governance and the general welfare.
SEC. 9. Bangsamoro Government and Its Constituent Local
Government Units. The provinces, cities, municipalities, and barangays,
within its area are the constituent units of the Bangsamoro Autonomous
Region. The authority to regulate on its own responsibility the affairs of the
local government units is guaranteed within the limit of this Basic Law. The
privileges already enjoyed by the local government units under existing laws
shall not be diminished, unless otherwise altered, modified or reformed for
good governance in accordance with a law to be enacted by the Bangsamoro
Parliament.
SEC. 10. Philippine Congress. Bangsamoro Parliament Forum. There shall be a Philippine Congress - Bangsamoro Parliament Forum for
purposes of cooperation and coordination of legislative initiatives.
SEC. 11. Bangsamoro Participation in National Government. As far
as practicable, it shall be the policy of the National Government to appoint
competent and qualified inhabitants of the Bangsamoro in the following
offices in the National Government: at least one (1) Cabinet Secretary; at
least one (1) in each of the other departments, offices and bureaus, holding

executive, primarily confidential, highly technical, policy-determining

positions; and one (1) Commissioner in each of the constitutional bodies.
The recommendations of the Bangsamoro Government shall be channeled
through the intergovernmental relations mechanisms.
SEC. 12. Assistance to Other Bangsamoro Communities. The National
Government shall ensure the protection of the rights of the Bangsamoro
people residing outside the area of the Bangsamoro Autonomous Region and
undertake programs for the rehabilitation and development of their
communities. The Bangsamoro Government may provide assistance to their
communities to enhance their economic, social and cultural development.
Article VII
THE BANGSAMORO GOVERNMENT
SECTION 1. Seat of Government. The Bangsamoro Parliament shall
determine the seat of the Bangsamoro Government.
SEC. 2. Powers of Government. The powers of government are vested in
the Bangsamoro Parliament which shall exercise those powers and functions
expressly granted to it in this Basic Law, and those necessary for or
incidental to the proper governance and development of the Bangsamoro
Autonomous Region. It shall set policies, legislate on matters within its
authority, and elect a Chief Minister who shall exercise executive authority
in its behalf.
SEC. 3. Legislative Authority. The Bangsamoro Parliament shall have
the authority to enact laws on matters that are within the powers and
competencies of the Bangsamoro Government.
SEC. 4. Executive Authority. - The executive function and authority shall
be exercised by the Cabinet which shall be headed by a Chief Minister. The
Chief Minister who heads the parliamentary government of the Bangsamoro
Autonomous Region shall be elected by a majority vote of the Parliament
from among its members.
The Chief Minister shall appoint two (2) deputy chief ministers coming from
among the members of Parliament, the deputy chief minister for
southwestern Mindanao and the deputy chief minister for central Mindanao
that shall assist the Chief Minister.

The deputy chief minister for southwestern Mindanao shall represent the
provinces of Basilan, Sulu, and Tawi-Tawi, while the deputy chief minister
for central Mindanao shall represent the provinces of Lanao and
Maguindanao and other contiguous areas that may opt to join the
Bangsamoro in the scheduled plebiscite.
Bangsamoro Parliament
SEC. 5. Composition. The Bangsamoro Parliament is composed of at
least sixty (60) members, unless otherwise provided by the Parliament, who
are representatives of political parties elected through a system of
proportional representation, those elected from single member districts, and
to reserved seats to represent key sectors in the Bangsamoro Autonomous
Region, except as otherwise provided under this Article.
SEC. 6. Classification and Allocation of Seats. The seats in the
Bangsamoro Parliament are classified and allocated as follows:
(1)

District Seats. Forty percent (40%) of the Members of

Parliament shall be elected from single member parliamentary
districts apportioned for the areas and in the manner provided in
the Appendix of this Basic Law.
The Bangsamoro Parliament may, by law, undertake new
redistricting to ensure a more equitable representation of the
constituencies in the Bangsamoro Parliament.
The district representatives shall be elected through direct,
plurality vote by the registered voters in the parliamentary
districts.

(2) Party Representatives. Fifty percent (50%) of the Members of

Parliament shall be representatives of political parties who win seats
through a system of proportional representation based on the whole
Bangsamoro area. Parties shall submit their respective list of approved
candidates prior to the election.
(3) Reserved Seats; Sectoral Representatives. Sectoral
representatives, constituting ten percent (10%) of the Members of
Parliament, including two (2) reserved seats each for non-Moro
indigenous peoples and settler communities. Women and Youth
sectors be entitled to one reserved seat each. The Youth representative

shall be at least eighteen (18) years but less than twenty-five (25)
years of age at the time of the election.
The Bangsamoro Parliament shall determine the manner of election of
sectoral and other representation in the Parliament.
SEC. 7. Election for Reserved Seats for Non-Moro Indigenous Peoples.
Notwithstanding the immediately preceding sections, reserved seats for the
non-Moro indigenous peoples shall be pursuant to their customary laws and
indigenous processes based on the following:
a.

Primacy of customary laws and practices;

b.

Primacy of consensus building;

c.

Acceptability of the community;

d.

Inclusivity and full participation;

e.

Representation of the collective interests and aspirations of

non-Moro indigenous peoples;

f.

Sustainability and strengthening of indigenous political

structures;

g.

Track record and capability; and

h.

Gender equity.

SEC. 8. Regional Parties. A free and open regional party system shall be
allowed to evolve according to the free choice of the people. Towards this
end, only regional political parties duly accredited by the Commission on
Elections (COMELEC), through the Bangsamoro Electoral Office, may
participate in the parliamentary elections in the Bangsamoro Autonomous
Region.
SEC. 9. Redistricting. The Parliament shall have the power to
reconstitute, by law, the parliamentary districts apportioned among the
provinces, cities and municipalities of the Bangsamoro area to ensure
equitable representation in the Parliament. The redistricting, merging or
creation, of parliamentary districts shall be based on the number of
inhabitants taking into consideration the additional provinces, cities and
municipalities which may in the future become part of the area of the
Bangsamoro Autonomous Region.

For the purpose of redistricting, parliamentary districts shall be apportioned

based on population and geographical area: Provided, That each district
shall comprise, as far as practicable, contiguous, compact, and adjacent area
and shall have at least a population of one hundred thousand (100,000).
SEC. 10. Bangsamoro Electoral Code. The Bangsamoro Transition
Authority shall enact the Bangsamoro Electoral Code, which shall be
correlated to national election laws, insofar as these are consistent with this
Basic Law. The electoral system shall allow democratic participation, ensure
accountability of public officers primarily to their constituents and
encourage formation of genuinely principled political parties.
There is hereby created a Bangsamoro Electoral Office which shall be the
Regional Office of the Commission on Elections, and which shall perform
the functions of the Commission on Elections in the Bangsamoro
Autonomous Region. In addition to enforcing national election laws in the
Bangsamoro Autonomous Region, the Bangsamoro Electoral Office shall
likewise implement the Bangsamoro Electoral Code enacted by the
Bangsamoro Parliament, and shall perform the following functions:
1.

Register and accredit regional political parties;

2.

In relation to plebiscite for joining the Bangsamoro

Autonomous Region, receive petitions or resolutions to join
from geographic areas;

3.

Schedule plebiscites for expansion; and

4.

Prepare rules and regulations for Bangsamoro elections and

plebiscites for the promulgation of the Commission on
Elections. All rules and regulations governing Bangsamoro
elections and plebiscites shall emanate from the Bangsamoro
Electoral Office.

SEC. 11. Term of Office. - The term of office of members of Parliament

shall be three (3) years. No member shall serve for more than three (3)
consecutive terms.
SEC. 12. Qualifications. - No person shall be a member of Parliament
unless that person is a citizen of the Philippines, at least twenty-five (25)
years of age on the day of the election, able to read and write, and a
registered voter in the Bangsamoro Autonomous Region. For district
representative, the candidate must be a registered voter of the district on the

day the certificate of candidacy is filed, and has resided in said district for at
least three (3) years immediately preceding the day of the election.
For the first regular elections immediately following the enactment of the
Basic Law, the abovementioned residency requirement shall be reduced to
one (1) year immediately preceding the day of the election.
SEC. 13. Salaries. Unless otherwise provided by the Bangsamoro
Parliament, the Chief Minister is entitled to receive an annual salary
corresponding to Salary Grade 31, the Deputy Ministers and Cabinet
Secretaries are entitled to receive an annual salary corrensponding to Salary
Grade 28, and the Members of Parliament are entitled to receive an annual
salary corrensponding to Salary Grade 27.
The annual compensation of the Speaker and Members of the Bangsamoro
Parliament may be increased by the Bangsamoro Parliament in accordance
with existing laws on position classification and compensation of the
National Government. The increase shall, however, not take effect until after
the expiration of the terms of office of the members of the Bangsamoro
Parliament who had approved the increase. The increase shall be funded
solely from revenue raised by the Bangsamoro Government.
Members shall not receive during their tenure other emoluments from the
Bangsamoro Government or from the National Government.
SEC. 14. Disclosure. Members of the Bangsamoro Parliament shall, upon
their assumption to office, make full disclosure of their financial and
business interests, including those of their spouses and children in
accordance with Republic Act No. 6713, also known as the Code Of
Conduct And Ethical Standards For Public Officials And Employees. They
shall notify the Bangsamoro Parliament of any potential conflict of interest
that may arise from the filing of bills or resolutions of which they are
authors.
SEC. 15. Prohibition Against Conflict of Interest. The Chief Minister,
Deputy Chief Minister and all the members of the Bangsamoro Parliament,
during their term, shall not engage, directly or indirectly, in any business or
commercial enterprise where there may be a conflict of interest in the
exercise of the functions of their respective offices.
No member of the Parliament may personally appear as counsel before
courts of justice or quasi-judicial and other administrative bodies. Neither
shall the member directly or indirectly, be interested financially in any

contract with, or in any franchise or special privilege granted by the National

Government or by the Bangsamoro Government or any subdivision, agency
or instrumentality thereof, including any government-owned-or-controlled
corporations or its sudsidiary, during the term of office. The member shall
not intervene in any manner before any office of the government for
pecuniary benefit or where the member may be called upon to act on account
of the members office.
SEC. 16. Forfeiture of Seat. The seat of a member of Parliament is
forfeited under any of the following conditions:
a.

b.

c.

d.

e.

f.

The member resigns voluntarily by means of either a written or

oral declaration in the Parliament;
The member is convicted of a grave offense as stipulated in the
Rules that the Bangsamoro Parliament shall promulgate
pursuant to Section 19, Article VII of this Basic Law, or
commits treason, high crimes, heinous crimes, crimes against
morality or other crimes punishable by more than six (6) years
of imprisonment;
The member becomes permanently incapacitated either
physically or mentally, incapacitated and is unable to discharge
the duties as member of Parliament or dies while in office;
Having been elected under the proportional representation
system, the member is replaced by the party with another
member of the party;
Having been elected under the proportional representation
system, the member transfers to another party during
incumbency as Member of Parliament; and
Such other grounds as may be provided in the Bangsamoro
Electoral Code as mentioned in Section 9, Article VII, hereof.

SEC. 17. Filling of Vacancy. In case of a vacancy of a proportional

representation seat, the party to which that seat belongs shall fill the
vacancy.
In case of a vacancy of a district seat by an affiliated Member of Parliament,
the party shall nominate a replacement within thirty (30) days from the
occurrence of such vacancy, and the said nominee shall be appointed by the
Chief Minister.
In case of a vacancy in the seat occupied by an unaffiliated Member of
Parliament, occuring at least one (1) year before the expiration of the term of

office, a special election may be called to fill such vacancy in the manner
prescribed by law enacted by Parliament.
The appointee or elected member of Parliament, as the case may be, shall
serve the unexpired term of the vacant office.
SEC. 18. Privileges and Immunities. No member of the Bangsamoro
Parliament may be arrested while the Bangsamoro Parliament is in session,
except for crimes punishable by more than six (6) years of imprisonment.
The members of the Bangsamoro Parliament may not be questioned in any
other place or held liable for any speech or debate delivered in the
Bangsamoro Parliament sessions or meetings of its committees.
SEC. 19. Sessions of the Bangsamoro Parliament. The Bangsamoro
Parliament shall conduct its regular session once every year starting on the
30th of June up to thirty (30) days before the opening of its next regular
session. A special or emergency session may be called by the Speaker, upon
the request of the Chief Minister or by a majority of the members of the
Bangsamoro Parliament.
SEC. 20. Officers of the Bangsamoro Parliament. On the first session
following their election, the members of the Bangsamoro Parliament shall,
in open session, elect by a simple majority vote from all its members the
Speaker, Deputy Speakers and the other officers of the Bangsamoro
Parliament as the House Rules of the Bangsamoro Parliament may provide.
In case of death, removal, resignation, or permanent disability or legal
incapacity of the Speaker, the Deputy Speaker more senior in age shall act as
Speaker until a new Speaker shall have been elected by the Bangsamoro
Parliament.
SEC. 21. Presiding Officer. The Speaker, Deputy Speakers, or any other
person presiding over the Bangsamoro Parliament shall:
a.
b.

c.

Serve to secure the honor and dignity of the Bangsamoro

Parliament;
Be responsible for ensuring (i) the rights and privileges of all
members; and (ii) public access to the proceeding of the
Bangsamoro Parliament and its committees;
Have the authority and moral ascendancy to maintain order and
decorum in the Bangsamoro Parliament, in accordance with its
House Rules; and

d.

Act impartially, and without fear, favor and prejudice.

SEC. 22. Rules of Procedure. The Bangsamoro Parliament shall adopt its
House Rules for the conduct of its business.
SEC. 23. Proceedings. A majority of all the members of the Bangsamoro
Parliament shall constitute a quorum to do business. The legislative
proceedings in the Bangsamoro Parliament shall be recorded in its original
form and translated in the Filipino, Arabic and English languages. Unless
otherwise provided by law or the House Rules of the Bangsamoro
Parliament, the members of the Bangsamoro Parliament may use any of the
commonly understandable native languages during legislative deliberations.
SEC. 24. General Welfare. The Bangsamoro Parliament shall pass laws
that promote the general welfare of the people in the Bangsamoro
Autonomous Region.
SEC. 25. Appropriations. No public money may be spent without an
appropriations act clearly defining the purpose for which it is intended. The
Bangsamoro Parliament shall pass an annual appropriations law.
No public money or property shall be appropriated, applied, paid, or
employed directly or indirectly for the use, benefit, or support of any sect,
church, denomination, sectarian institution, or system of religion or of any
priest, imam, preacher, minister, or other religious teacher or dignitary as
such, except when such priest, imam, preacher, minister, or other religious
teacher or dignitary is assigned to the Bangsamoro Police or to any penal
institution, or government orphanage or leprosarium within the region.
SEC. 26. Budget. The form, content, and manner of preparation of the
Bangsamoro Budget shall be prescribed by law enacted by the Bangsamoro
Parliament. Pending the enactment of such law, the budgeting process shall
be governed by existing laws, rules, and regulations on budget.
SEC. 27. Reenacted Budget. - If, by the end of a fiscal year, the
Bangsamoro Parliament shall have failed to pass the Bangsamoro
appropriations bill for the ensuing fiscal year, the Bangsamoro
appropriations act for the preceding year shall be deemed automatically
reenacted and shall remain in force and effect until a new Bangsamoro
appropriations law is enacted by Parliament.
Executive Officers

SEC. 28. Qualifications of the Chief Minister. No person may be elected

as the Chief Minister unless the person is at least twenty-five (25) years of
age at the time of the election, a bona fide resident of the Bangsamoro for
three (3) years immediately preceding the day of the elections, and with
proven competence and probity, mentally fit, and known for integrity and
high moral standards.
For the first election of the Chief Minister immediately following the
enactment of this Basic Law, the abovementioned residency requirement
shall be reduced to one (1) year immediately preceding the day of the
election.
SEC. 29. Election of the Chief Minister. On the inaugural session of the
Bangsamoro Parliament following their elections, the members of the
Parliament shall, in open session, elect the Chief Minister by a majority vote
of all its members.
If no member of Bangsamoro Parliament obtains the majority vote necessary
to be elected Chief Minister in the first round of voting, a runoff election
shall be conducted. In such case, the members of Bangsamoro Parliament
shall elect the Chief Minister from the two (2) candidates who obtained the
highest number of votes cast in the first round.
SEC. 30. Powers, Duties and Functions of the Chief Minister. - Unless
otherwise provided by law, the Chief Minister shall exercise the following
powers, duties and functions:
a.

Heads the government of the Bangsamoro;

b.

Appoints heads of ministries;

c.

Appoints heads of agencies, bureaus, offices of the Bangsamoro

government or other officers of Bangsamoro governmentowned or -controlled corporations or entities with original
charters;

d.

Appoints other officers in the Bangsamoro Government, as may

be provided by the Parliament;

e.

Formulates plans and programs of government subject to

approval by the Parliament;

f.
g.
h.

Issues executive orders and other policies of the Bangsamoro

Government;
Represents the government of the Bangsamoro in affairs
outside the Bangsamoro Autonomous Region; and
Exercises such other powers and functions inherent to the
position.

SEC. 31. Administration of Oath of the Chief Minister and Members of

the Bangsamoro Parliament. The Interim Chief Minister shall administer
the oath of all the members of Parliament. The duly elected Chief Minister
shall take the oath before the youngest member of the Parliament.
SEC. 32. Ex-Officio Membership. - The Chief Minister shall be an exofficio member of the National Security Council on matters concerning the
Bangsamoro and of the National Economic and Development Authority
Board.
SEC. 33. Deputy Chief Ministers. - The two (2) Deputy Chief Ministers
shall be appointed by the Chief Minister from among the members of the
Parliament coming from southwestern and central Mindanao within the
Bangsamoro area, respectively, may hold cabinet positions.
In case of death, removal, resignation or incapacity of the Chief Minister, the
Deputy Chief Minister more senior in age shall temporarily act as the Chief
Minister until the Parliament shall have elected a new Chief Minister. The
election shall be held within seventy-two (72) hours from the occurrence of
the vacancy.
SEC. 34. Call for a New Bangsamoro Parliament Election. Within
seventy-two (72) hours upon a two-thirds (2/3) vote of no confidence of all
members of Parliament against the government of the day, the Chief
Minister shall advise the President of the Republic of the Philippines to
dissolve the Parliament and call for a new parliamentary election. In no case
shall the President of the Republic of the Philippines countermand the advice
of the Chief Minister.
The President of the Republic of the Philippines shall call for election of a
new Bangsamoro Parliament on a date not later than one hundred twenty
(120) days from the date of dissolution.

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.
Article VIII
BASIC RIGHTS
SECTION 1. Basic Rights in the Bangsamoro Autonomous Region. In
addition to the basic rights already enjoyed by the citizens residing in the
Bangsamoro Autonomous Region, the Bangsamoro Government shall
guarantee the following enforceable rights:
a.
b.
c.
d.
e.
f.
g.
h.
i.

j.
k.
l.
m.

Right to life and to inviolability of ones person and dignity;

Right to freedom and expression of religion and beliefs;
Right to privacy;
Right to freedom of speech;
Right to express political opinion and pursue democratically
political aspirations;
Right to seek constitutional change by peaceful and legitimate
means;
Right of women to meaningful political participation and
protection from all forms of violence;
Right to freely choose ones place of residence and the
inviolability of the home;
Right to equal opportunity and non-discrimination in social and
economic activity and the public service, regardless of class,
creed, disability, gender and ethnicity;
Right to establish cultural and religious associations;
Right to freedom from religious, ethnic and sectarian
harassment;
Right to redress of grievances and due process of law; and
Right to free public education in the elementary and high
school levels.

The Bangsamoro Parliament may pass a law for the promotion and
protection of the above-enumerated rights.
SEC. 2. Human Rights. All laws and policies, including customary laws,
shall conform to international human rights and humanitarian standards. The

rights under the International Covenant on Economic, Social and Cultural

Rights, the International Covenant on Civil and Political Rights and other
international human rights instruments shall be guaranteed by the National
Government and the Bangsamoro Government.
SEC. 3. Vested Property Rights. Titles secured under the Torrens
System, and rights already vested under the provisions of existing laws shall
be respected.
With respect to legitimate grievances of the Bangsamoro people arising from
any unjust dispossession of their territorial and proprietary rights, customary
land tenure or their marginalization, shall be acknowledged. Whenever
restoration is no longer possible, the National Government and Bangsamoro
Government shall take effective measures for adequate reparation of the loss
in such quality, quantity and status collectively beneficial to the Bangsamoro
people, and to be determined mutually by both governments.
SEC. 4. Transitional Justice. There shall be created a transitional justice
mechanism to address the legitimate grievances of the Bangsamoro people,
including the non-Moro indigenous peoples, such as historical injustices,
human rights violations, marginalization through unjust dispossession of
their territorial and proprietary rights and customary land tenure.
SEC. 5. Non-Moro Indigenous Peoples Rights. The Bangsamoro
Government recognizes the rights of the non-Moro indigenous peoples, and
shall adopt measures for the promotion and protection of their rights, the
right to their native titles or fusaka inged, 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 non-Moro
indigenous peoples in the Bangsamoro Parliament, the right to basic services
and the right to freedom of choice as to their identity in accordance with the
Indigenous Peoples Rights Act, the Untied Nations Declaration of the
Rights of Indigenous Peoples and the United Nations Declaration on Human
Rights.
SEC. 6. Customary Rights and Traditions. The customs, beliefs and
traditions of the people in the Bangsamoro Autonomous Region are hereby
recognized, protected and guaranteed.

The Bangsamoro Parliament shall adopt measures to ensure mutual respect

and protection of the distinct beliefs, customs and traditions of the
Bangsamoro people and the other inhabitants in the Bangsamoro.
No person in the Bangsamoro Autonomous Region shall be subjected to any
form of discrimination on account of creed, religion, ethnic origin,
parentage, or sex.
SEC. 7. Bangsamoro Human Rights Commission. There is hereby
created a Bangsamoro Human Rights Commission, which shall be impartial,
to ensure the promotion and protection of human rights in the Bangsamoro
Autonomous Region. In the performance of its mandate, the Bangsamoro
Human Rights Commission may exercise, among others, investigatory
powers, and powers to compel attendance of witnesses and the production of
evidence.
The Bangsamoro Human Rights Commission shall submit a report on its
activities and performance at least once a year to the Bangsamoro
Parliament. Other state instrumentalities in the Bangsamoro shall assist the
Bangsamoro Human Rights Commission and ensure its independence,
impartiality, dignity and effectiveness. The Bangsamoro Human Rights
Commission shall be independent from the Bangsamoro Government and
shall be under the supervision of the Commission on Human Rights in
carrying out its mandate.
Details pertaining to the establishment of the Bangsamoro Human Rights
Commission, such as membership, terms of office, and competencies and
responsibilities, shall be provided by the Bangsamoro Parliament consistent
with the provisions of this Basic Law.
Social Justice
SEC. 8. Delivery of Basic Services. The Bangsamoro Government shall
provide, maintain and ensure the delivery of, among other things, basic and
responsive health programs, quality education, appropriate services,
livelihood opportunities, affordable and progressive housing projects, and
water resource development to the Bangsamoro people and other inhabitants
in the Bangsamoro Autonomous Region. It shall maintain appropriate
disaster-preparedness units for immediate and effective relief services to
victims of natural and man-made calamities. It shall also ensure the
rehabilitation of calamity areas and victims of calamities.

SEC. 9. Rights of Labor. - The Bangsamoro Government shall guarantee

all fundamental rights of all workers to self-organization, collective
bargaining and negotiations, and peaceful concerted activities, including the
right to strike, in accordance with the Constitution, Labor Code of the
Philippines and all conventions of the International Labor Organization
ratified or which shall be ratified in the future by the National Government.
The Constitution, the Labor Code, and the said Conventions of the
International Labor Organization hereby form part of the law of the
Bangsamoro Autonomous Region. In this regard, the right of workers,
whether publicly or privately employed, to form unions, associations or
federations shall not be abridged.
The workers shall participate in policy and decision-making processes
affecting their rights and benefits.
The right of workers to security of tenure, humane conditions of work, and a
living wage shall be guaranteed.
No trafficking in persons and engagement of minors in any hazardous or
deleterious forms of employment shall be tolerated.
The Bangsamoro Parliament may pass labor laws that expand, improve upon
or enhance the rights stated herein.
SEC. 10. Protection of Women and Children. The Bangsamoro
Government shall uphold and protect the fundamental rights of women and
children including the right of women to engage in lawful employment.
Women and children especially orphans of tender age, shall be protected
from exploitation, abuse or discrimination, sexual and gender-based violence
and other forms of violence including and especially in time of disasters,
calamities and other crisis situations. The bangsamoro government shall
ensure pbservance of human rights particularly womens economic, social
and cultural rights including the right to health and education. The
Bangsamoro Parliament shall enact the necessary laws for the
implementation of this section.
SEC. 11. Participation of Women in the Bangsamoro Government.
Aside from the reserved seat for women in the Parliament, there shall be at
least one (1) qualified woman to be appointed to the Bangsamoro Cabinet.
The Bangsamoro Parliament shall enact a law that gives recognition to the
important role of women in nation-building and regional development and
ensures representation of women in other decision-making and policydetermining bodies of the Bangsamoro Government.

SEC. 12. Rights of Children. The Bangsamoro Government shall respect,

protect and promote the rights of the children.
Bangsamoro policies and programs must take into utmost consideration the
best interest of the child, non-discrimination of children, survival and
development, protection and rights of children, youth and adolescents.
The Bangsamoro Government and constituent local government units shall
provide for adequate funding and effective mechanisms for implementation
of this policy.
Right to Education
SEC. 13. Integrated System of Quality Education. The Bangsamoro
Government shall establish, maintain, and support, as a top priority, a
complete and integrated system of quality education and adopt an
educational framework that is relevant, and responsive to the needs, ideals,
and aspirations of the Bangsamoro and the unity of all Filipinos.
The schools, colleges and universities existing in the autonomous region as
of the date of the approval of this Basic Law and such other schools and
institutions that may be established in the region shall be deemed integral
components of the educational system of the Bangsamoro Government.
SEC. 14. Tribal University System. The Bangsamoro Parliament shall
create a tribal university system within the Bangsamoro to address the higher
educational needs of the indigenous cultural communities in the
Bangsamoro.
Right to Health
SEC. 15. Comprehensive and Integrated Health Service Delivery. The
Bangsamoro Government shall adopt a policy on health that provides for a
comprehensive and integrated health service delivery for its constituents. It
shall, by law, establish a general hospital system to serve the health
requirements of its people, to ensure that the individual basic right to life
shall be attainable through the prompt intervention of excellent and
affordable medical services. It shall also uphold the peoples right to have
access to essential goods, health and other social services that promote their
well-being.
SEC. 16. Support for Persons with Disabilities. The Bangsamoro
Government shall establish a special agency and support facilities for

persons with disabilities and other disadvantaged persons for their

rehabilitation, and livelihood or skills training to encourage their productive
integration into mainstream society.
Arts and Sports
SEC. 17. Physical Education and Sports Development. The
Bangsamoro educational system shall develop and maintain an integrated
and comprehensive physical education program. It shall develop healthy,
disciplined, innovative and productive individuals, and promote good
sportsmanship, cooperation and teamwork.
SEC. 18. Sports Programs. The Bangsamoro education system shall
encourage and support sports programs, league competitions, indigenous
games, martial arts, and amateur sports including training for regional,
national and international competitions.
Culture
SEC. 19. Preservation of Bangsamoro Cultural Heritage. To preserve
the history, culture, arts, tradition and the rich cultural heritage of the
Sultanates, such as the Sultanates of Sulu, Maguindanao, Buayan, and
Kabuntalan, and the Royal Houses of the Maranaos and the indigenous
peoples of the Bangsamoro, there shall be created a Bangsamoro
commission for the Preservation of Cultural Heritage.
SEC. 20. Primary Responsibility of the Commission. The Bangsamoro
Commission for the preservation of cultural heritage shall have the primary
responsibility to write the history of the Bangsamoro people and to establish
and sustain the cultural institutions, programs and projects in the
Bangsamoro component areas. The Commission shall establish its own
libraries and museums, declare and restore historical shrines and cultural
sites to preserve the Bangsamoro heritage for posterity.
SEC. 21. Management of Bangsamoro Historical and Cultural Sites.
The National Government shall transfer the management of Bangsamoro
historical and cultural sites currently under the jurisdiction of the National
Museum, National Historical Commission or other agencies of the National
Government to the Bangsamoro Commission for the preservation of cultural
heritage, through the intergovernmental relations mechanism. The
Bangsamoro Commission for the Preservation of Cultural Heritage shall

coordinate with relevant agencies of the National Government on the

regulation, excavation and preservation of cultural artifacts and on the
recovery of lost historical and cultural heritage.
Article IX
BANGSAMORO JUSTICE SYSTEM
SECTION 1. Justice System in the Bangsamoro Autonomous Region. The justice system in the Bangsamoro Autonomous Region shall consist of
Shariah law which shall have supremacy and application over Muslims
only; the traditional or tribal justice system, for the indigenous peoples in the
Bangsamoro Autonomous Region; the local courts; and alternative dispute
resolution systems.
For Muslims, the justice system in the Bangsamoro Autonomous Region
shall give primary consideration to Shariah, and customary rights and
traditions of the indigenous peoples in the Bangsamoro Autonomous
Region.
Nothing herein shall be construed to operate to the prejudice of non-Muslims
and non-indigenous peoples.
Shariah Justice System
SEC. 2. Shariah Justice System. The Shariah Courts in the
Bangsamoro shall have jurisdiction over Shariah law enacted by the
Bangsamoro Parliament pertaining to persons, family, and property
relations, and other civil law matters, commercial law and criminal law.
There shall be cooperation and coordination with National Government
regarding the Shariah justice system, through the different mechanisms as
herein provided.
SEC. 3. Laws on Shariah. 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 Shariah shall only be
applicable to Muslims. Criminal laws enacted by the Bangsamoro
Parliament shall be effective within the area of the Bangsamoro and shall be
in accordance with the universally accepted principles and standards of
human rights.

SEC. 4. Sources of Shariah Law. The following are the sources of

Shariah law, among others:
a.
b.
c.
d.

Al-Quran (The Koran);

Al-Sunnah (Prophetic traditions);
Al-Ijima (Consensus); and
Al-Qiyas (Analogy)

SEC. 5. Shariah Circuit Courts. The Shariah Circuit Court in the

Bangsamoro shall exercise exclusive original jurisdiction over the following
matters:
a.

b.

c.
d.

e.

All cases involving offenses defined and punished under

Presidential Decree No. 1083, where the act or omission has
been committed in the Bangsamoro;
All civil actions and proceedings between parties residing in the
Bangsamoro, and who are Muslims or have been married in
accordance with Article 13 of Presidential Decree No. 1083
involving disputes relating to:
i. Marriage;
ii. Divorce recognized under Presidential Decree No. 1083;
iii. Betrothal or breach of contract to marry;
iv. Customary dower (mahr);
v. Disposition and distribution of property upon divorce;
vi. Maintenance and support, and consolatory gifts;
vii. Restitution of marital rights.
All cases involving disputes relative to communal properties;
All cases involving offenses defined and punishable under
Shariah law enacted by the Bangsamoro Parliament with
imprisonment not exceeding six (6) years irrespective of the
amount of fine, and regardless of other imposable accessory or
other penalties, including the civil liability arising from such
offenses or predicated thereon, irrespective of kind, nature,
value, or amount thereof;
All civil actions, under Shariah law enacted by the
Bangsamoro Government, involving real property in the
Bangsamoro Autonomous Region, where the assessed value of

f.

the property does not exceed Four Hundred Thousand Pesos

(P400,000.00); and
All civil actions in which the parties are Muslims, or where all
litigants have voluntarily submitted themselves to the
jurisdiction of the Shariah Circuit Courts, if they have not
specified in an agreement which law shall govern their relations
where the demand or claim does not exceed Two Hundred
Thousand Pesos (P200,000.00).

SEC. 6. Shariah District Courts. The Shariah District Court in the

Bangsamoro Autonomous Region shall exercise exclusive original
jurisdiction over the following matters:
a.
b.

c.

d.

e.

f.

g.

All cases involving custody, guardianship, legitimacy, paternity

and filiation arising under Presidential Decree No. 1083;
All cases involving disposition, distribution and settlement of
the estate of deceased Muslims that are residents of the
Bangsamoro, probate of wills, issuance of letters of
administration or appointment of administrators or executors
regardless of the nature or the aggregate value of the property;
Petitions for the declaration of absence and death for the
cancellation or correction of entries in the Muslim Registries
mentioned in Title VI of Book Two of Presidential Decree No.
1083;
All actions arising from customary and Shariah compliant
contracts in which the parties are Muslims, if they have not
specified which law shall govern their relations;
All petitions for mandamus, prohibition, injunction, certiorari,
habeas corpus, and all other auxiliary writs and processes in aid
of its appellate jurisdiction;
Petitions by Muslims for the constitution of a family home,
change of name and commitment of an insane person to an
asylum;
All other personal and real actions not falling under the
jurisdiction of the Shariah Circuit Courts wherein the parties
involved are Muslims, except those for forcible entry and

h.

i.

j.

k.

unlawful detainer, which shall fall under the exclusive original

jurisdiction of the Municipal Circuit Court;
All special civil actions for interpleader or declaratory relief
wherein the parties are Muslims residing in the Bangsamoro or
the property involved belongs exclusively to Muslims and is
located in the Bangsamoro;
All cases involving offenses defined and punishable under
Shariah law enacted by the Bangsamoro Parliament not falling
within the exclusive jurisdiction of Shariah Circuit Courts or
any other court, tribunal, or body;
All civil actions, under Shariah law enacted by the
Bangsamoro Parliament, involving real property in the
Bangsamoro Autonomous Region, where the assessed value of
the property exceeds Four Hundred Thousand Pesos
(P400,000.00); and
All civil actions in which the parties are Muslims, or where all
litigants have voluntarily submitted themselves to the
jurisdiction of the Shari'ah Circuit Court, if they have not
specified in an agreement which law shall govern their relations
where the demand or claim exceeds Two Hundred Thousand
Pesos (P200,000.00).

The Shariah District Court in the Bangsamoro shall exercise appellate

jurisdiction over all cases decided upon by the Shariah Circuit Courts in the
Bangsamoro within its territorial jurisdiction, as provided under Article 144
of Presidential Decree No. 1083.
SEC. 7. Bangsamoro Shariah High Court. There is hereby created a
Bangsamoro Shariah High Court. The Bangsamoro Shariah High Court
shall exercise exclusive original jurisdiction, whether or not in aid of its
appellate jurisdiction, over:
a.

b.

All petitions for mandamus, prohibition, injunction, certiorari,

habeas corpus, and all other auxiliary writs and processes, in
aid of its appellate jurisdiction; and
All actions for annulment of judgments of Shariah District
Courts.

The Bangsamoro Shariah High Court shall exercise exclusive appellate

jurisdiction over cases under the jurisdiction of the Shariah District Courts
in the Bangsamoro Autonomous Region.
The decisions of the Shari'ah High Court shall be final and executory,
subject to judicial review by the Supreme Court.
SEC. 8. Additional Shariah Courts. Upon the recommendation of the
Bangsamoro Government, Congress may create additional Shariah Courts
in the Bangsamoro and apportion the jurisdiction of each of the Shariah
Circuit and District Courts.
SEC. 9. Qualifications of Shariah Judges.
a.

b.

c.

Shariah Circuit Court. No person shall be appointed judge of the

Shariah Circuit Court unless the person is a subject of the Shariah
Court System, citizen of the Philippines, at least twenty-five (25)
years of age, a graduate of a four-year course on Shariah or Islamic
jurisprudence, and has passed an examination in the Shariah to be
given by the Supreme Court for admission to special membership in
the Philippine Bar to practice in the Shariah Courts: Provided, That,
for a period of seven (7) years following the ratification of this Basic
Law, the requirement on the completion of a four-year Shariah or
Islamic jurisprudence course shall not apply.
Shariah District Court. No person shall be appointed judge of the
Shariah District Court unless the person is a subject of the Shariah
Court System, citizen of the Philippines at least thirty-five (35) years
of age, a graduate of a four-year course on Shariah or Islamic
jurisprudence, and has passed an examination in the Shariah to be
given by the Supreme Court for admission to special membership in
the Philippine Bar to practice in the Shariah Courts. Furthermore,
such person must have been engaged in the practice of Shariah law in
the Philippines for at least five (5) years prior to appointment:
Provided, That for a period of seven (7) years following the
ratification of this Law, the requirement on the completion of a fouryear Shariah or Islamic Jurisprudence course shall not apply.
Bangsamoro Shariah High Court. -- No person shall be appointed
Justice of the Shariah High Court unless the person is a subject of the
Shariah Court System, natural-born citizen of the Philippines, at least

forty (40) years of age, a graduate of a four-year course on Shariah or

Islamic jurisprudence, and has passed an examination in the Shariah
to be given by the Supreme Court for admission to special
membership in the Philippine Bar to practice in the Shariah Courts.
Furthermore, such person should have been engaged in the practice of
Shariah law in the Philippines for at least ten (10) years prior to his
appointment: Provided, That for a period of seven (7) years following
the ratification of this Basic Law, the requirement on the practice of
Shariah law in the Philippines shall only be for six (6) years.
The Shariah High Court shall be composed of nine (9) justices, including
the Presiding Justice. It may exercise its powers, functions, and duties
through three (3) divisions, each composed of three (3) members. It may sit
en banc only for the purpose of exercising administrative or ceremonial
functions. The stations of the three divisions shall be Cotabato City, Marawi
City and Jolo, Sulu.
SEC. 10. Shariah Judicial and Bar Council. The Shariah Judicial and
Bar Council shall recommend to the Judicial and Bar Council applicants for
the position of judges of Shariah District and Circuit Courts in the
Bangsamoro and the justices of the Shariah High Court. The Judicial and
Bar Council shall give utmost consideration to the Shariah Judicial and Bar
Council nominees in recommending appointees to the President. The
President shall issue the appointments within ninety (90) days from the
submission by the Judicial and Bar Council of the list.
SEC. 11. Consultant to the Judicial and Bar Council. The President
shall appoint a consultant to the Judicial and Bar Council, recommended by
the Chief Minister from among the members of the Shariah Judicial and
Bar Council, who shall advise and be consulted by the Judicial and Bar
Council on appointments to Shariah judicial positions in the Bangsamoro.
SEC. 12. Composition of the Shariah Judicial and Bar Council. There
is hereby created a Shariah Judicial and Bar Council to be composed of five
(5) members: a senior member of the Shariah High Court, as ex-officio
Chairman, the Head of the Shariah Academy, and one (1) representative
from the Bangsamoro Parliament, as ex-officio members. Other regular
members of the Shariah Judicial and Bar Council shall be one (1)
representative each from the accredited organization of Shariah lawyers and
other appropriate accredited organizations in the Bangsamoro.

The regular members of the Shariah Judicial and Bar Council shall be
appointed by the Chief Minister with a term of five (5) years without
reappointment.
SEC. 14. Shariah Rules of Court. The rules of court for the Shariah
courts in the Bangsamoro Autonomous Region shall be promulgated by the
Supreme Court, giving utmost consideration to the recommendations of the
Bangsamoro Shariah High Court. In the meantime, the special rules of
court for Shariah courts, as promulgated by the Supreme Court, shall
continue to be in force.
SEC. 15. Special Bar Examinations for Shariah. - The Supreme Court
shall continue to administer Shariah Bar examinations for admission of
applicants to the Philippine Bar as special members thereof, with due
consideration for the special nature of the Shariah system and utmost regard
to the proposals of the Bangsamoro Shariah High Court on this matter.
SEC. 16. Compensation. - Judges of the Shariah Circuit Court in the
Bangsamoro are entitled to the same compensation and enjoy the same
privileges as judges of Municipal Circuit Trial Courts.
Judges of the Shariah District Court in the Bangsamoro Autonomous
Region are entitled to the same compensation and enjoy the same privileges
as the judges of Regional Trial Courts.
Justices of the Bangsamoro Shariah High Court are entitled to the same
compensation and enjoy the same privileges as the justices of the Court of
Appeals.
SEC. 17. Appointment and Discipline of Shariah Court Personnel. The
Supreme Court shall appoint the Shariah court personnel, and shall have the
power of discipline over them. The Shariah Judicial and Bar Council shall
conduct investigations over erring personnel in Shariah courts in the
Bangsamoro Autonomous Region, and submit the results of such
investigation to the Supreme Court for the latters action.
SEC. 18. Shariah Public Assistance Office. To provide free legal
assistance to indigent party litigants, the Bangsamoro Parliament shall create
a Shariah Public Assistance Office for the different Shariah courts in the
Bangsamoro.
SEC. 19. Shariah Special Prosecution Service. - There shall be created a
Shariah Special Prosecution Service for Shariah administration of justice

in the Bangsamoro Autonomous Region. The Shariah Special Prosecution

Service shall be attached to the National Prosecutorial Service of the
National Government. The Bangsamoro Government shall recommend the
qualified applicants for the position of the Shariah prosecutors and
personnel of the Shariah Special Prosecution Service to the Secretary of
Justice.
SEC. 20. Shariah Academy. There is hereby created a Shariah
Academy, the primary function of which is to conduct courses and trainings
on the practice of Shariah law in the Bangsamoro, accredit Shariah
courses and degrees obtained by Bangsamoro from schools and universities
abroad, and develop the curriculum of schools and universities in the
Bangsamoro Autonomous Region. The Bangsamoro Parliament shall define
its powers and additional functions and appropriate funds therefor. The
Shariah Academy may coordinate with the National Commission on
Muslim Filipinos whenever necessary.
SEC. 21. Bangsamoro Jurisconsult in Islamic Law. There is hereby
created an office of Jurisconsult of Islamic law in the Bangsamoro
Autonomous Region. The Parliament shall define the powers and functions
of this office.
The Office of Jurisconsult shall be a collegial body composed of the
Jurisconsult and three (3) deputies who shall be appointed by the Chief
Minister upon recommendation of the Parliament, taking into consideration
the various ethnic groups in the Bangsamoro Autonomous Region.
The Jurisconsult and his deputies shall be members of the Philippine
Shariah Bar or the Integrated Bar of the Philippines, Bangsamoro who are
subjects of the Shariah Court System, holders of Bachelor Degree in
Islamic Law and Jurisprudence, must not be commonly known as one who
violates Islamic injunctions, with proven competence and probity, mentally
fit, and known for integrity and high moral standards.
SEC. 22. Jurisconsult Under Existing Law. - Notwithstanding the
preceding section, the Office of the Jurisconsult under Presidential Decree
No. 1083 shall be strengthened by being provided with the salary, rank and
privileges of a Justice of the Court of Appeals.
Traditional or Tribal Justice Systems
SEC. 23. Traditional or Tribal Justice Systems. The Bangsamoro
Parliament shall enact laws to promote and support the traditional or tribal

justice systems that are appropriate for the indigenous peoples, as defined by
them. The traditional justice systems are the mechanisms to determine,
settle, and decide controversies and enforce decisions involving disputes
between members of the indigenous peoples concerned in accordance with
the customary laws, institutional structures, juridical systems, traditions and
practices of the different non-Moro indigenous peoples.
SEC. 24. Office for Traditional or Tribal Justice System. There is
hereby created an Office for Traditional or Tribal Justice System responsible
in overseeing the study, preservation and development of the tribal justice
system within the Bangsamoro Autonomous Region. The powers and
functions of the Office for Traditional or Tribal Justice System shall be
defined by the Bangsamoro Parliament.
The Office for Traditional or Tribal Justice System shall ensure the full
participation of indigenous peoples in the formulation, implementation and
evaluation of policies related to the strengthening of tribal justice system;
ensuring further that such systems maintain their indigenous character in
accordance with the respective practices of each tribe.
Local Courts
SEC. 25. Local Courts. Local courts in the Bangsamoro Autonomous
Region shall continue to exercise their judicial functions, as provided by
law. The Bangsamoro Government may undertake measures to improve
their workings, consistent with the powers of the Supreme Court.
Alternative Dispute Resolution System
SEC. 26. Alternative Dispute Resolution. The Bangsamoro Government
shall provide for the institution of alternative dispute resolution system in the
Bangsamoro Autonomous Region. The Parliament shall enact the necessary
legislation for the operationalization of alternative dispute resolution.
The Bangsamoro Government shall adopt the principles of conciliation and
mediation in settling disputes. The Bangsamoro Parliament may provide for
prior recourse to alternative dispute resolution before the filing of cases in
Shariah courts in the Bangsamoro or any Bangsamoro government offices.
Justices from the Bangsamoro
SEC. 27. Justices from Bangsamoro. It shall be the policy of the
National Government that at least one (1) justice in the Supreme Court and

two (2) justices in the Court of Appeals at any one time who shall be
qualified individuals of the Bangsamoro Autonomous Region. For this
purpose, the Chief Minister may, after consultations with the Bangsamoro
Parliament and the Shariah Judicial and Bar Council, submit the names of
qualified persons to the Judicial and Bar Council for its consideration. The
appointments of those recommended by the Chief Minister to the judicial
positions mentioned above are without prejudice to appointments that may
be extended to other qualified inhabitants of the Bangsamoro Autonomous
Region to other positions in the judiciary.
SEC. 28. Deputy Court Administrator for the Bangsamoro Autonomous
Region. The Office of the Deputy Court Administrator for the
Bangsamoro is hereby created. The Deputy Court Administrator for the
Bangsamoro shall be appointed by the Chief Justice of the Supreme Court
from among three (3) recommendees submitted by the Chief Minister upon
previous consultation with the Bangsamoro Parliament and with the
concerned sectors of the Bangsamoro.
Article X
PUBLIC ORDER AND SAFETY
SECTION 1. Public Order and Safety. The Bangsamoro Government
shall have joint responsibility with the National Government over public
order and safety within the Bangsamoro Autonomous Region.
SEC. 2. Bangsamoro Police. There is hereby created a Bangsamoro
Police which shall be organized, maintained, supervised, and utilized by, and
be an integral part of the Philippine National Police. Its primary purpose is
law enforcement and maintenance of peace and order in the Bangsamoro
Autonomous Region in accordance with the Constitution and existing laws.
The Bangsamoro Police shall be professional, civilian in character, regional
in scope, effective and efficient in law enforcement, fair and impartial, free
from partisan political control, and accountable under the law for its actions.
It shall be responsible both to the National Government and the Bangsamoro
Government, and to the communities it serves.
SEC. 3. Powers and Functions of the Bangsamoro Police. The
Bangsamoro Police shall exercise within the Bangsamoro Autonomous
Region the following powers and functions:

a.

b.
c.
d.
e.

f.

g.

h.

Enforce laws enacted by the Congress and by the Bangsamoro

Parliament relative to the protection of lives and properties of
the people;
Maintain law and order and ensure public safety;
Investigate and prevent crimes, arrest criminal offenders, bring
criminal suspects to justice, and assist in their prosecution;
Conduct searches and seizures in accordance with pertinent
laws;
Detain persons for a period not exceeding what is prescribed by
law, inform the person so detained of all the rights under the
Constitution and the Basic Law, and observe the human rights
of all people in the Bangsamoro;
Process and facilitate applications for the registration of
firearms and the issuance of licenses and permits for approval
by the proper official of the Philippine National Police;
Initiate drives for the registration or surrender of unregistered
firearms; confiscate unregistered firearms after such drives are
over; to file cases or recommend to the President the grant of
amnesty or pardon to possessors of unregistered firearms who
surrender them; and
Perform such other duties and exercise all other functions as
may be provided by law enacted by Congress or by the
Bangsamoro Parliament.

SEC. 4. Bangsamoro Police Organization. The structural organization of

the Bangsamoro Police shall be as follows:
a.

It shall be headed by a Bangsamoro Police Director, who shall

be assisted by at least two (2) deputies. They shall be
professional police officers with the rank of, at least, Police
Chief Superintendent. For a period of ten (10) years,
immediately following the enactment of this Basic Law, the
head of the Bangsamoro Police and the deputies may be
selected from a list of Bangsamoro Police officers with a rank
of Police Senior Superintendent;

b.

It shall have regional, provincial, and city or municipal offices;

c.

The provincial office shall be headed by a provincial director,

who shall be a professional police officer with the rank of, at
least, police superintendent; and

d.

The city or municipal office or station shall be headed by a

Chief of Police, who shall be a professional police officer with
the rank of, at least, police inspector.

SEC. 5. Bangsamoro Police Board. There is hereby created a

Bangsamoro Police Board, which shall perform the functions of the National
Police Commission in the Bangsamoro. The Bangsamoro Police Board shall
be part of the National Police Commission. The National Police Commission
shall ensure that the Bangsamoro Police Board performs its powers and
functions within the bounds of its authority. In addition, it shall perform the
following functions:
a.
b.
c.

d.

e.
f.

To set the policing objectives and priorities in the Bangsamoro;

To monitor the performance of the Bangsamoro Police against
policing objectives and priorities;
To monitor crime trends and patterns as well as performance in
areas of human rights, crime reduction, crime prevention,
recruiting patterns, and employment opportunities in the
Bangsamoro;
To provide information and guidance to the Bangsamoro
Government and the Philippine National Police on the annual
budgetary requirement of the Bangsamoro Police;
To monitor police performance as against the budget allocation
for the Bangsamoro Police; and
To recommend the Bangsamoro Police Director and the
Deputies, the Provincial Directors, and City and Municipal
chiefs of the Bangsamoro Police.

The Bangsamoro Police Board shall have the power to investigate

complaints against the Bangsamoro Police. Appeals from its decision may
be lodged with the National Police Commission. Pending resolution of the
appeal, its decisions may be executed. The rules and regulations governing
the investigation of the members of the Philippine National Police shall be
followed by the Bangsamoro Police Board in the absence of rules and
regulations enacted by the Bangsamoro Parliament.

SEC. 6. Composition of the Board. The Bangsamoro Police Board shall

be composed of eleven (11) members. Six (6) members of the Bangsamoro
Police Board shall come from the Bangsamoro Parliament and five (5), from
various sectors. All the six (6) members from the Parliament shall not hold
any ministerial post. All the members thereof shall be appointed by the Chief
Minister in accordance with the rules promulgated by the Bangsamoro
Parliament for this purpose.
The Chairperson of the Bangsamoro Police Board shall be an ex-officio
commissioner of the National Police Commission on matters dealing with
the Bangsamoro Police.
SEC. 7. Terms of Office. The sectoral representatives to the Bangsamoro
Police Board shall hold office for a period of three (3) years: Provided, That
of those first appointed as sectoral representatives, two (2) will sit for three
(3) years, another two (2) will sit for two (2) years, and the last will sit for
one (1) year. Appointment for any vacancy shall only be for the unexpired
term of the predecessor.
The members of Parliament who are likewise members of the Board shall
hold office for the duration of their elective terms.
SEC. 8. Powers of the Chief Minister Over the Bangsamoro Police.
The Chief Minister shall have the following powers over the Bangsamoro
Police:
a.

b.
c.
d.

e.

To act as deputy of the National Police Commission in the

Bangsamoro and as ex officio chair of the Bangsamoro Police
Board;
To select the head of the Bangsamoro Police from a list of three
(3) nominees from the Chief Philippine National Police;
To exercise operational control and supervision and disciplinary
powers over the Bangsamoro Police;
To employ or deploy the elements of and assign or reassign the
Bangsamoro Police through the Bangsamoro Police Director.
The Bangsamoro Police Director shall not countermand the
order of the Chief Minister unless it is in violation of the law;
To oversee the preparation and implementation of the
Integrated Bangsamoro Public Safety Plan;

f.

g.

To impose, after due notice and summary hearings of the

citizens complaints, administrative penalties on personnel of
the Bangsamoro Police except those appointed by the President;
and
Do everything necessary to promote widespread support for the
Bangsamoro Police by residents of the Bangsamoro
Autonomous Region.

SEC. 9. Staffing Level. The average staffing level of the Bangsamoro

Police shall be approximately in accordance with the police-to-population of
one (1) police officer for every five hundred (500) persons. The actual
strength by cities and municipalities shall depend on the state of peace and
order, population density and actual demands of service in the particular
area: Provided, That the minimum police to population ratio shall not be less
than one (1) police officer for every one thousand (1,000) persons: Provided,
further, That urban areas shall have a higher minimum police to population
ratio as may be prescribed by regulations.
There shall be a program in the police force that will address gender-based
violence. The Bangsamoro Police shall prioritize the recruitment and
training of women who shall serve in womens desks. Pursuant to this
requirement, ten percent (10%) of the Bangsamoro Police annual
recruitment, training, and education quota shall be reserved for women.
SEC. 10. Appointment of Officers and Members of the Bangsamoro
Police. The appointment of the officers and members of the Bangsamoro
Police shall be effected in the following manner:
a.

Police Officer I to Senior Police Officer IV. Appointed by the

head of the Bangsamoro Police and attested by the Civil
Service Commission.
Personnel for the Bangsamoro Police shall also be appointed by
Police Director of the Bangsamoro Police.

b.

Inspector to Superintendent. Appointed by the Chief of the

Philippine National Police, as recommended by the Police
Director of the Bangsamoro Police and the Chief Minister, and
attested by the Civil Service Commission; and

c.

Senior Superintendent and above. Appointed by the President

upon recommendation of the Chief of the Philippine National
Police, with proper endorsement by the Chief Minister and the
Civil Service Commission.

SEC. 11. Community Policing.- The Bangsamoro Police shall adopt

community policing as an essential mechanism in maintaining peace and
order.
SEC. 12. Law Governing the Bangsamoro Police. - The Bangsamoro
Parliament is hereby authorized to enact laws to govern the Bangsamoro
Police consistent with the Constitution, national laws, this Basic Law and
relevant issuances of the National Police Commission.
SEC. 13. Transitional Arrangements. - Upon the establishment of the
Bangsamoro Transition Authority and pending the organization of the
Bangsamoro Police, the Bangsamoro Transition Authority shall have
substantial participation in choosing the head and in the employment and the
deployment of existing Philippine National Police in the Bangsamoro. The
head of the Bangsamoro Police will be selected from a list of three (3)
eligible officers recommended by the Philippine National Police.
SEC. 14. Defense and Security.- The defense and security of the
Bangsamoro shall be the responsibility of the National Government. The
National Government may create a unit or units of the Armed Forces of the
Philippines for the Bangsamoro, which shall be organized, maintained, and
utilized in accordance with national laws. Qualified inhabitants of the
Bangsamoro shall be given preference for assignments in the unit or units of
the Armed Forces of the Philippines.
SEC. 15. Calling Upon the Armed Forces. - The provisions of the
preceding sections notwithstanding, the President may call upon the Armed
Forces of the Philippines:
a.
b.

c.

To prevent or suppress lawless violence, invasion, or rebellion,

when the public safety so requires, in the Bangsamoro;
To suppress the danger to or breach of peace in the
Bangsamoro, when the Bangsamoro Police is not able to do so;
or
To avert any imminent danger to public order and security in
the area of the Bangsamoro.

SEC. 16. Indigenous Structure. - The Bangsamoro Government shall

recognize indigenous structures or systems which promote peace, and law
and order. The Bangsamoro Parliament shall provide institutional support to
these structures and systems to enhance peace and security in the
Bangsamoro Autonomous Region.
Article XII
FISCAL AUTONOMY

SECTION 1. Fiscal Autonomy. The Bangsamoro shall enjoy fiscal

autonomy with the end in view of attaining the highest form of economic
self-sufficiency and genuine development. It shall be entitled to all fund
sources enumerated herein, and shall have the power to create its sources of
revenues as provided in this Basic Law. It shall prepare its budget and shall
allocate funds in accordance with an annual appropriations law passed by the
Bangsamoro Parliament. The form, content, and manner of preparation of
the budget shall be prescribed by law enacted by the Bangsamoro
Parliament.
SEC. 2. Auditing. There is hereby created an internal auditing body with
procedures for accountability over revenues and other funds generated
within or by the region from external sources. This shall be without
prejudice to the power, authority, and duty of the Commission on Audit to
examine, audit, and settle all accounts pertaining to the revenues and the use
of funds and property owned and held in trust by any government
instrumentality, including government-owned or controlled corporations.
SEC. 3. Local Government Finance. The Bangsamoro Government shall
create a mechanism for coordinating, assisting, and monitoring the finances
of the constituent local government units in pursuance of good governance
and local autonomy.
SEC. 4. National Government Assistance. The National Government
shall extend assistance to the Bangsamoro Government in the matter of tax
administration and fiscal management. This assistance shall include capacity
building and training programs, in accordance with a needs assessment and
capacity building plan developed by the Bangsamoro Government in
consultation with the National Government.
SEC. 5. Assistance to Other Regions. The Bangsamoro Government may
also assist the development efforts of other regions once the Bangsamoro
Autonomous Region has attained financial self-sustainability.

Sources of Revenue
SEC. 6. Revenue Sources. The Bangsamoro Government shall have the
power to create its own sources of revenues and to levy taxes, fees, and
charges, subject to the provisions of this Basic Law and consistent with the
principles of devolution of powers, equalization, equity, accountability,
administrative simplicity, harmonization, and economic efficiency, and
fiscal autonomy. Such taxes, fees, and charges shall accrue exclusively to
the Bangsamoro Government. The National Government shall continue to
levy national taxes in the Bangsamoro Autonomous Region.
The sources of revenue of the Bangsamoro Government shall include,
among others, the following:
a.
b.
c.
d.

e.

f.

g.
h.

Taxes;
Fees and charges;
Annual block grant coming from National Government;
Revenues from the exploration, development and utilization of
natural resources derived from areas/territories, land or water,
covered by and within the jurisdiction of the Bangsamoro;
Revenues from Bangsamoro government-owned or controlled
corporations, financial institutions and other corporations, and
shares from the revenues of national government-owned or
controlled corporations and its subsidiaries operating in the
Bangsamoro, as may be determined by the Intergovernmental
Fiscal Policy Board;
Grants from economic agreements entered into by the
Bangsamoro Government and conventions to which the
National Government is a party;
Grants and donations; and
Loans and Overseas Development Assistance.

SEC. 7. Taxation. The Bangsamoro Government shall exercise the power

to levy taxes, fees or charges that were already given to the Autonomous
Region in Muslim Mindanao or allowed under Republic Act No. 6734 and
Republic Act No. 9054, and other legislations, as well as those that are
provided herein.
In enacting revenue-raising measures, the Bangsamoro Government shall
observe the principles of uniformity and equity in taxation. Revenues shall

inure solely to the benefit of, and be subject to the disposition by, the
Bangsamoro Government.
Taxes, fees, or charges shall not be unjust, excessive, oppressive,
confiscatory or contrary to public policy. The collection of Bangsamoro
taxes, fees, charges and other impositions shall not be let to any private
person.
The power to impose a tax under this Basic Law shall be exercised by the
Bangsamoro Parliament, through an appropriate legislation, which shall not
be enacted without any prior public hearing conducted for the purpose. The
Bangsamoro Government shall, as far as practicable, evolve a progressive
system of taxation.
SEC. 8. Tax Incentives. To encourage investments and other economic
activities, the Bangsamoro Government shall have the power to grant tax
exemptions, rebates, tax holidays and other incentives including those
granted to the Regional Board of Investment of the Autonomous Region in
Muslim Mindanao. As part of incentives to investors, the Bangsamoro may
opt instead to impose a flat rate lump sum tax on small and medium
enterprises.
SEC. 9. Taxing Powers. The following taxes in the Bangsamoro
Autonomous Region shall be levied by the Bangsamoro Government.
a.

b.

c.

Capital Gains Tax. Tax imposed on the gains presumed to

have been realized by the seller from the sale, exchange, or
other disposition of capital assets, including pacto de retro sales
and other forms of conditional sale;
Documentary Stamp Tax. Tax on documents, instruments,
loan agreements and papers evidencing the acceptance,
assignment, sale or transfer of an obligation rights or property
incident thereto;
Donors Tax. Tax on a donation or gift, and is imposed on the
gratuitous transfer of property between two or more persons
who are living at the time of the transfer. It shall apply whether
the transfer is in trust or otherwise, whether the gift is direct or
indirect and whether the property is real or personal, tangible or
intangible;

d.

e.
f.

g.

h.
i.
j.

k.

Estate Tax. Tax on the right of the deceased person to

transmit his/her estate to his/her lawful heirs and beneficiaries
at the time of death and on certain transfers, which are made by
law as equivalent to testamentary disposition;
Income tax levied on banks and other financial institutions;
Registration fees of vessels which are registered by their
owners with the Bangsamoro Government and wharfage dues
on wharves constructed and maintained by the Bangsamoro
Government or the local government unit concerned;
Tolls on bridges or roads constructed and maintained by the
provinces, cities, municipalities, or barangays concerned or by
the Bangsamoro Government;
Taxes, fees, or charges on agricultural and aquatic products,
except when sold by marginal farmers or fisherfolk;
Excise taxes on articles that are not enumerated under the
National Internal Revenue Code;
Taxes, fees, or charges on countryside, barangay enterprises
and cooperatives not registered under Republic Act No. 6810,
the Magna Carta for Countryside and Barangay Business
Enterprises and Republic Act No. 6938, the Cooperatives
Code of the Philippines, respectively; and
Such other taxes that were allowed to be levied by the
government of the Autonomous Region in Muslim Mindanao
under Republic Act No. 6734, Republic Act No. 9054, and
other legislations and executive issuances.

Where all taxable elements are within the Bangsamoro Autonomous Region,
taxes under letters (a) to (d) above shall no longer be imposed by the Bureau
of Internal Revenue (BIR) of the National Government. The
Intergovernmental Fiscal Policy Board shall promulgate rules on the
determination of taxable elements in relation to taxes (a) to (d) above and on
the sharing of revenues from the collection of such taxes where the taxable
elements are found within and outside of the Bangsamoro Autonomous
Region. Any dispute between the Bangsamoro Government and the
National Government arising from the imposition of taxes under (a) to (d)
above shall be addressed by the Intergovernmental Fiscal Policy Board.

SEC. 10. Share in Taxes of the National Government. National

Government taxes, fees, and charges collected in the Bangsamoro, other than
tariff and customs duties, shall be shared as follows:
a.
b.

Twenty-five percent (25%) to the National Government; and

Seventy-five percent (75%) to the Bangsamoro, including the
shares of the local government units.

The aforementioned twenty-five percent (25%) share of the National

Government shall, for a period of ten (10) years, be retained by the
Bangsamoro Government. The period for retention may be extended upon
mutual agreement of the National Government and the Bangsamoro
Government.
The share in taxes, fees, and charges provided under this section are separate
and distinct from the annual block grant that is appropriated to the
Bangsamoro Government under Section 15, Article XII of this Basic Law.
SEC. 11. Assessment and Collection of Taxes. The Bangsamoro
Parliament shall, by law, establish the Bangsamoro Tax Office within the
Bangsamoro Autonomous Region for the purpose of assessing and collecting
Bangsamoro taxes. The Bangsamoro Government and the National
Government may come to an agreement as to modalities for the collection
and remittance of national taxes, including costs, in the Bangsamoro
Autonomous Region.
Until such time that the Bangsamoro Tax Office is established, the collection
shall be done by the Bureau of Internal Revenue. The share of the
Bangsamoro Government shall be directly remitted to it.
Corporations, partnerships, or firms directly engaged in business in the
Bangsamoro shall pay their corresponding taxes, fees, and charges in the
province or city, where the corporation, partnership, or firm is doing
business.
Corporations, partnerships, or firms whose central, main, or head offices are
located outside the Bangsamoro Autonomous Region but which are doing
business within its territorial jurisdiction by farming, developing, or utilizing
the land, aquatic, or natural resources therein, shall pay the income taxes
corresponding to the income realized from their business operations in the
Bangsamoro Autonomous Region to the city, or municipality where their
branch offices or business operations or activities are located. The Bureau of

Internal Revenue and the Bangsamoro Tax Office shall agree on modalities
for the filing of income tax returns through the Intergovernmental Fiscal
Policy Board.
SEC. 12. Share of the Constituent Local Government Units in Taxes
within the Bangsamoro. The Bangsamoro Parliament shall enact a law
detailing the shares of constituent local government units in the 75% share
of the Bangsamoro Government in the taxes, fees and charges collected in
their jurisdiction by the National Government in the Bangsamoro
Autonomous Region.
SEC. 13. Bangsamoro Taxes and Revenue Code. The Bangsamoro
Parliament shall enact a Bangsamoro Tax Code which covers the taxing
powers of the Bangsamoro Government.
SEC. 14. Fees and Charges. The Bangsamoro Government shall exercise
the power to levy fees and charges pursuant to the powers and functions that
it shall exercise in accordance with this Basic Law, including the powers
already granted under Republic Act. No. 6734, Republic Act No. 9054 and
other executive issuances, and memoranda of agreement.
Block Grant
SEC. 15. Annual Block Grant. The National Government shall provide
an annual block grant which shall be the share of the Bangsamoro
Government in the national internal revenue. The amount shall be sufficient
for the exercise of the powers and functions of the Bangsamoro Government
under this Basic Law which in no case shall be less than the last budget
received by the Autonomous Region of Muslim Mindanao immediately
before the establishment of the Bangsamoro Transition Authority.
SEC. 16. Formula of the Block Grant. For the budget year immediately
following the year this Act takes effect, the amount of the block grant shall
be equivalent to four per cent (4%) of the net national internal revenue
collection of the Bureau of Internal Revenue less the internal revenue
allotment of local government units. For purposes of this section, the net
national internal revenue collection of the Bureau of Internal Revenue is
understood to be the sum of all internal revenue tax collections during the
base year less the amount released during the same year for tax refunds,
payments for informers reward, and any portion of internal revenue tax
collections which are presently set aside, or hereafter earmarked under
special laws for payment to third persons:

Provided, That the computation shall be based on collections from the third
fiscal year preceding the current fiscal year:
Provided, further, That the above formula shall be adjusted if, after the
effectivity of this Act, there occurs a change in the total land area of the
Bangsamoro Autonomous Region:
Provided, furthermore, That in the event that the National Government
incurs an unmanageable public sector deficit, the President of the Philippines
shall call for the activation of the intergovernmental relations body where
both the President and the Chief Minister of the Bangsamoro Parliament
shall participate to look at the possibility of adjusting the annual block grant
of the Bangsamoro Autonomous Region:
Provided, finally, That this adjustment shall be during the duration of the
unmanageable public sector deficit only.
SEC. 17. Automatic Appropriation. The annual block grant shall be
automatically appropriated to the Bangsamoro Government and reflected in
the General Appropriations Act. The Bangsamoro Parliament shall pass an
annual appropriations law that allocates the block grant to various agencies
and programs, according to the powers and functions of the Bangsamoro
Government giving the highest priority to education. The Bangsamoro
annual appropriations law may also include performance standards and
targets for each sector.
SEC. 18. Regular Release. The block grant shall be released, without
need of any further action, directly and comprehensively to the Bangsamoro
Government, and which shall not be subject to any lien or holdback that may
be imposed by the National Government for whatever purpose.
SEC. 19. Deductions from the Block Grant; Exceptions. Four years
from the operationalization of the regular Bangsamoro Government the
following shall be deducted from the block grants:
a.

b.

Revenues from the additional taxes beyond those already

devolved to the Autonomous Region in Muslim Mindanao
collected three (3) years before; and
Share of the Bangsamoro Government in the income derived
from the exploration, development and utilization of natural
resources, as provided in Section 32 below, collected three (3)
years before.

Provided, That the amount allocated for the operation of the Bangsamoro
Sustainable Development Board, as provided in Section 4, Article XIII shall
not be included in the amount herein to be deducted from the block grant:
Provided, further, That the abovementioned deduction shall not include the
shares of constituent local government units and of indigenous communities
in government income derived from the exploration, development and
utilization of natural resources, under Sections 33 and 34, respectively, of
this Article.
SEC. 20. Review of the Block Grant Formula. The formula for the
Block Grant, as provided above, shall be reviewed by the Intergovernmental
Fiscal Policy Board ten (10) years after its effectivity. The review that shall
be undertaken shall consider, among others, the fiscal needs of the
Bangsamoro and the actual revenues it is able to generate. Thereafter, the
review shall be undertaken every five (5) years as agreed upon in the
Intergovernmental Fiscal Policy Board. In case the National Government no
longer have any representative in the Fiscal Policy Board, the review shall
be undertaken by the Intergovernmental Relations Body, for enactment into
law.
SEC. 21. Development programs and projects. - Immediately after the
ratification of this Basic Law, and for another five (5) years thereafter, the
National Government shall provide for additional funds that would subsidize
expenditure for development projects and infrastructure in the Bangsamoro
Autonomous Region, including provincial and municipal roads, in
accordance with a development plan formulated by the Bangsamoro
Government. The National Government and the Bangsamoro Government
shall agree on the amount through the intergovernmental relations body, as
well as the manner of release of said amount to the Bangsamoro
Government.
Loans
SEC. 22. Foreign and Domestic Loans; Bills, Bonds, Notes and Obligations.

a)

Loans, Credits, and Other Forms of Indebtedness. The

contracting of loans, credits, and other forms of indebtedness by
the Bangsamoro Government shall be for the development and
welfare of the people of the Bangsamoro.

Subject to acceptable credit worthiness, such loans may be

secured from domestic and foreign lending institutions, in
accordance with the Constitution. The Bangsamoro Parliament
may authorize the Chief Minister to contract such domestic or
foreign loans. The loans so contracted may take effect upon
approval by a majority of all the members of the Bangsamoro
Parliament.
The National Government shall assist the Bangsamoro
Government in complying with the requirements in securing
foreign loans to finance local infrastructure and other socioeconomic development projects in accordance with the
Bangsamoro Development Plan.
b)

Bills, Bonds, Notes, Debentures and Obligations. Subject to

the rules and regulations of the Bangko Sentral ng Pilipinas and
the Securities and Exchange Commission, the Bangsamoro
Government is also authorized to issue treasury bills, bonds,
debentures, securities, collaterals, notes, obligations, and other
debt papers or documents, as well as redeem or retire the same,
pursuant to law enacted by the Bangsamoro Parliament. The
authority may be exercised to finance self-liquidating, income
producing development or livelihood projects pursuant to the
priorities established in the aforementioned development plan.

c)

Payment of Loans and Indebtedness. The Bangsamoro

Government shall appropriate in its annual budget such
amounts as are sufficient to pay their loans and their
indebtedness incurred.

SEC. 23. Overseas Development Assistance. In its efforts to achieve

inclusive growth and poverty reduction, through the implementation of
priority development projects, the Bangsamoro Government may avail of
international assistance in accordance with the Overseas Development
Assistance Law.
Grants and Donations
SEC. 24. Grants and Donations. Grants and donations from foreign and
domestic donors received by the Bangsamoro Government for the
development and welfare of the people in the Bangsamoro shall be used
solely for the purpose for which they were intended.

Donations and grants that are used exclusively to finance projects for
education, health, youth and culture, and economic development, may be
deducted in full from the taxable income of the donor or grantor.
Economic Agreements and Conventions
SEC. 25. Economic Agreements. The Bangsamoro Government may
enter into economic agreements and receive benefits and grants derived
therefrom subject to the approval of the National Government.
SEC. 26. Cultural Exchange, Economic and Technical Cooperation.
The Bangsamoro Government may establish linkages for cultural exchange,
economic and technical cooperation with countries with diplomatic relations
with the Philippines, with assistance of Philippine embassies or consulates,
or through some other arrangements with National Government supporting
such undertakings.
SEC. 27. Benefits from Conventions. The Bangsamoro Government shall
be entitled to benefits resulting from conventions to which the National
Government is a party. Such benefits shall be equitable and shall consider
the available human and material resources and comparative advantage of
the Bangsamoro, as well as its socio-economic conditions and needs.
Government-Owned or -Controlled Corporations
and Financial Institutions
SEC. 28. Government-Owned or -Controlled Corporations and
Financial Institutions. The Bangsamoro Government shall have the
power to create government-owned or controlled corporations and financial
institutions through the necessary modalities, and in accordance with a law
on government-owned or controlled corporations to be passed by the
Parliament. These Bangsamoro Government-created government-owned or
controlled corporations shall be duly registered with the Securities and
Exchange Commission or established under legislative charter by the
Bangsamoro Parliament, and shall be recognized even outside the
Bangsamoro Autonomous Region. Revenues derived from their operations
shall pertain to the Bangsamoro Government.
SEC. 29. Existing Government-Owned or -Controlled Corporations
Operating Exclusively in the Bangsamoro. The Bangsamoro
Government shall have the authority and control over existing governmentowned or controlled corporations and financial institutions operating

exclusively in the Bangsamoro Autonomous Region, after determination by

the Intergovernmental Fiscal Policy Board of its feasibility. Such transfer
shall be effected through the necessary changes on the government-owned or
controlled corporations governing boards.
SEC. 30. Southern Philippine Development Authority and Al-Amanah
Islamic Investment Bank. Within six (6) months from the establishment
of the Bangsamoro Transition Authority, the Intergovernmental Fiscal
Policy Board shall determine the participation of the Bangsamoro
Government in the ownership and management of Al-Amanah Islamic
Investment Bank of the Philippines and the Southern Philippines
Development Authority as provided in Presidential Decree No. 690 as
amended by Presidential Decree No. 1703 and the mode of transfer of
ownership to the Bangsamoro Government.
Properties and assets of the Southern Philippines Development Authority
outside the area of the Bangsamoro shall be sold or conveyed to the local
government unit where the same are located.
SEC. 31. Existing Government-Owned orControlled Corporations in
the Bangsamoro Autonomous Region. The Bangsamoro Government
shall be represented in the board of directors or in the policy-making bodies
of government-owned or controlled corporations that operate a substantial
portion of their businesses directly or through their subsidiaries in the
Bangsamoro Autonomous Region or where the Bangsamoro Government
has substantial interest. The Intergovernmental Fiscal Policy Board shall
determine the extent of participation. In no case shall the Bangsamoro
Government have less than one seat in the governing board of such entities.
The share of the Bangsamoro Government from the results of operations of
government-owned or controlled corporations and subsidiaries operating in
the Bangsamoro Autonomous Region shall be based on a formula
determined by the Intergovernmental Fiscal Policy Board under Section 36
of this Article.
Sharing in the Exploration, Development
and Utilization of Natural Resources
SEC. 32. Sharing in Exploration, Development and Utilization of
Natural Resource. National Government income from taxes derived from
the exploration, development and utilization of all natural resources within
the Bangsamoro Autonomous Region shall be allocated as follows:

a. For non-metallic minerals (sand, gravel, and quarry resources),

such revenues shall pertain fully to the Bangsamoro and its local
government units;
b. For metallic minerals, seventy-five percent (75%) shall pertain to
the Bangsamoro Government;
c. For fossil fuels (petroleum, natural gas, and coal) and uranium,
the same shall be shared equally between the National and
Bangsamoro Governments.
The sharing scheme shall be applicable to the natural resources found in the
land mass that comprise the Bangsamoro Autonomous Region as well as the
waters that are within its geographical area.
SEC. 33. Share of the Constituent Local Government Units. The share
of the Bangsamoro Government in the revenues referred to in the
immediately preceding section shall include those for its constituent local
government units. The Bangsamoro Parliament shall enact a law detailing
the shares of such local government units. The existing shares of the local
government unit being received shall not be diminished.
SEC. 34. Share of Indigenous Communities. Indigenous peoples shall
have an equitable share from the revenues generated from the exploration,
development and utilization of natural resources that are found within the
territories covered by a native title in their favor. The share shall be provided
for in a law to be passed by the Bangsamoro Parliament.
The Bangsamoro Parliament shall enact a law that shall provide in detail the
sharing system, including the percentage of the shares of the indigenous
peoples and communities, and the mechanisms therefor.
Intergovernmental Fiscal Policy Board
SEC. 35. Intergovernmental Fiscal Policy Board. There is hereby
created an Intergovernmental Fiscal Policy Board that shall address revenue
imbalances and fluctuations in regional financial needs and revenue-raising
capacity of the Bangsamoro Government.
SEC. 36. Functions. The Intergovernmental Fiscal Policy Board shall
undertake the following functions:
a)

Recommend the necessary fiscal policy adjustments by

undertaking a periodic review of the taxing powers, tax base

b)

c)

d)

e)

f)

and rates of the Bangsamoro Government, wealth sharing

arrangements, sources of revenues vis--vis the development
needs of the Bangsamoro;
Address disputes between the National Government and the
Bangsamoro Government involving the collection of capital
gains tax, documentary stamp tax, donors tax and estate tax in
the Bangsamoro;
Determine the extent of participation of the Bangsamoro
Government in the board of directors or the policy-making
bodies of government-owned or -controlled corporations that
operate a substantial portion of their businesses directly or
through their subsidiaries in the Bangsamoro Autonomous
Region or where the Bangsamoro Government has substantial
interest;
Determine the participation of the Bangsamoro Government in
the results of operations of government-owned or -controlled
corporations and its subsidiaries operating in the Bangsamoro
Autonomous Region. The Intergovernmental Fiscal Policy
Board shall also determine a formula for the share of the
Bangsamoro Government from the results of said operations;
Determine the participation of the Bangsamoro Government in
the ownership and management of Al-Amanah Islamic
Investment Bank of the Philippines and the Southern
Philippines Development Authority; and
Recommend the exercise by the Bangsamoro Government of
additional fiscal powers in order to attain the highest form of
fiscal autonomy.

SEC. 37. Composition. The Intergovernmental Fiscal Policy Board shall

be composed of the heads or representatives of the appropriate ministries
and offices in the Bangsamoro Government. The National Government shall
likewise be represented in the Intergovernmental Fiscal Policy Board by the
Secretary of Finance and such other officials as may be necessary.
SEC. 38. Meetings and Annual Report. The Intergovernmental Fiscal
Policy Board shall meet at least once in six (6) months and shall adopt its
own rules of procedure for the conduct of its meetings.
An annual report shall be submitted by the Intergovernmental Fiscal Policy
Board to the National Government and the Bangsamoro Government.

SEC. 39. Full Disclosure Policy. The Bangsamoro Government hereby

adopts a policy of full disclosure of its budget and finances, and bids and
public offerings and shall provide protocols for the guidance of local
authorities in the implementation of said policy, which shall include, among
others the posting of the Summary of Income and Expenditures. The same
policy shall apply to its constituent local government units, as may be
provided in a law to be enacted by the Bangsamoro Parliament.
SEC. 40. Additional Fiscal Powers. The Intergovernmental Fiscal Policy
Board may recommend the exercise by the Bangsamoro Government of
additional fiscal powers in order to reach full fiscal autonomy. Such
recommendations shall be proposed to Congress or the appropriate agency
of the National Government that has the power to effect such
recommendations.
Article XII
ECONOMY AND PATRIMONY
SECTION 1. Bangsamoro Economy and Social Justice. - The
Bangsamoro Governments 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
SEC. 2. Equitable and Sustainable Development. In order to protect and
improve the quality of life of the inhabitants of the Bangsamoro
Autonomous Region, development in the Bangsamoro Autonomous Region
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 peoples participation.
SEC. 3. Comprehensive Framework for Sustainable Development. The
Bangsamoro Government shall develop a comprehensive framework for
sustainable development through the proper conservation, utilization and

development of natural resources. 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.
SEC. 4. Bangsamoro Sustainable Development Board. The
Bangsamoro Parliament shall create a Bangsamoro Sustainable
Development Board, an intergovernmental body composed of
representatives from the Bangsamoro Government and the National
Government. The Bangsamoro Sustainable Development Board shall ensure
the harmonization of environmental and developmental plans, as well as
formulate common environmental objectives.
Funding support for the Bangsamoro Sustainable Development 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 Autonomous
Region, a certain percentage of such revenues shall be allocated for the
operation of the Bangsamoro Sustainable Development Board, as may be
provided in a law to be passed by the Bangsamoro Parliament.
SEC. 5. Bangsamoro Development Plan. The Bangsamoro Government
shall formulate its development plans taking into consideration the
Bangsamoro peoples unique needs and aspirations and consistent with
national development goals. The Bangsamoro Development Plan shall also
consider the revenue generation efforts needed for the post-conflict
rehabilitation, reconstruction and development of its area.
The Bangsamoro Development 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.
SEC. 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 shall have equal access to land

ownership and shall 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 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 the gender and
development 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 the funds. It shall identify and implement special
development programs and laws for women.
SEC. 7. Participation of the Bangsamoro Government in National
Development Planning. The preceding section notwithstanding, and to
ensure that the Bangsamoro development plans are reflected in the national
development plans, the Bangsamoro Government shall participate in
national development planning. The Chief Minister shall be a full-fledged
member of the Board of the National Economic and Development Authority.
Natural Resources
SEC. 8. Natural Resources. The Bangsamoro Government shall have the
authority, power, and right to the control and supervision over the
exploration, utilization, development, and protection of the mines and
minerals and other natural resources within the Bangsamoro Autonomous
Region in accordance with the Constitution and the pertinent provisions of
this Basic Law except for the strategic minerals such as uranium, petroleum,
and other fossil fuels, mineral oils, and all sources of potential energy,
provided that the Bangsamoro Government shall be consulted.
SEC. 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
Autonomous Region that have already been defined by and under the
authority of the National 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 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.
SEC. 10. Preferential Rights of Bona Fide Inhabitants of the
Bangsamoro Autonomous Region. Qualified citizens who are bona fide
inhabitants of the Bangsamoro Autonomous Region shall have preferential
rights over the exploration, development, and utilization of natural
resources, excluding fossil fuels (petroleum, natural gas, and coal) and
uranium, within the Bangsamoro Autonomous Region. 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, unless legally terminated.
SEC. 11. 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.
SEC. 12. Mines and Mineral Resources. The Bangsamoro Government
shall have authority and jurisdiction over the exploration, development, and
utilization of mines and minerals in its area. Permits and licenses and the
granting of contracts for this purpose shall be within the powers of the
Bangsamoro Government.
SEC. 13. Financial and Technical Assistance Agreements. The
applications for financial and technical assistance agreements 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.

SEC. 14. 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.
SEC. 15. 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 Autonomous Region. 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.
SEC. 16. 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.
SEC. 17. 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 and the National
Mapping and Resource Information Authority 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 geographical area, including the Bangsamoro
waters and the Zones of Joint Cooperation. However, the 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.
SEC. 18. 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 National Government, or their
authorized representatives, and their counterpart officials from the
appropriate Bangsamoro offices 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 National 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.
b.
c.

d.

Protection of the traditional fishing grounds;

Benefitting from the resources therein;
Ensuring the interconnectivity of the islands and mainland parts
of the Bangsamoro so that they are parts of a cohesive
Bangsamoro political entity; and
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 National Government shall ensure

that there shall be free movement of vessels, goods, and people in these
Zones of Joint Cooperation.
SEC. 19. 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 National Government and the Bangsamoro Government on the
exploration, development and utilization of non-living resources in the
Zones of Joint Cooperation and determine the sharing of income and
revenues derived therefrom.
SEC. 20. Transportation in the Zones of Joint Cooperation.
Transportation plying direct routes connecting the islands in Sulu, Basilan,
Tawi-Tawi or the mainland parts of the Bangsamoro and passing through the
Zones of Joint Cooperation shall be considered intra-regional routes.
SEC. 21. 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
Autonomous Region and shall ensure that communities in the Bangsamoro
Autonomous Region in whose area these waters are found are given an
equitable share from the revenues generated from such utilization.
SEC. 22. Agriculture, Fisheries, and Aquatic Resources. The
Bangsamoro Governments 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.
SEC. 23. Trade and Industry in the Bangsamoro Autonomous Region.
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 may 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
Autonomous Region 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 shall 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:
Provided, That these laws will expand on improve upon those rights so
provided herein.
SEC. 24. Barter Trade and Countertrade with ASEAN Countries. The
Bangsamoro Government shall regulate traditional barter trade and countertrade with members of Association of Southeast Asian Nations. 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 consider illicit since time immemorial between the
Bangsamoro areas with Association of Southeast Asian Nations. 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.
SEC. 25. Economic Zones, Industrial Estates and Free Ports. The
Bangsamoro Government may establish economic zones, industrial estates
and free ports in the Bangsamoro Autonomous Region. Through the
intergovernmental relations mechanism, the Bangsamoro Government and
the National 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 National 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 or 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 units of
the Bangsamoro, subject to such criteria as the Bangsamoro Parliament may
provide in law for that purpose. Existing free ports in the Autonomous
Region in Muslim Mindanao are hereby transferred to the Bangsamoro
Government.
SEC. 26. 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 Autonomous Region. 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.
SEC. 27. Halal-Certifying Body; Halal Campaign Program. The
Bangsamoro Government shall have the power to accredit one (1) halalcertifying body in the Bangsamoro Autonomous Region. It shall promote
awareness through the development and implementation of a halal campaign
program.
Banking and Finance
SEC. 28. 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 Autonomous Region, and principles of the
Islamic banking system.
SEC. 29. Islamic Banking and Finance. The Bangsamoro Government,
the Bangko Sentral ng Pilipinas, the Department of Finance, and the
National Commission on Muslim Filipinos shall jointly promote the
development of an Islamic banking and finance system, to include among
others the establishment of a Shariah supervisory board.

To facilitate the establishment of an Islamic banking and finance system,

the National 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
SEC. 30. Transportation and Communications. The Bangsamoro
Government shall exercise such powers, functions and responsibilities that
have been devolved or decentralized to the Autonomous Region of Muslim
Mindanao.
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 National Government and
the Bangsamoro Government. The body shall perform the following
functions:
a.

b.

c.
d.

Determine the exercise of additional powers, functions and

responsibilities relating to transportation and communications
in the Bangsamoro Autonomous Region 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 Bangsamoros aspiration
to assume further powers as may be practically operationalized
as its capacity develops;
Issue rules and regulation to implement the additional powers,
functions and responsibilities over transportation and
communication in the Bangsamoro Autonomous Region;
Harmonize policies, programs, regulations and standards; and
Resolve problems of implementation between the National
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.
Article XIII
REHABILITATION AND DEVELOPMENT
SECTION 1. Rehabilitation and Development. The Bangsamoro
Government, with funding support from the National Government, shall
intensify development efforts for the rehabilitation, reconstruction and
development of the Bangsamoro Autonomous Region as part of the
normalization process. It shall promote and ensure gender responsive
approach in all aspects of security and peace-building, including the
participation of women in decision-making. It shall formulate and
implement a program for rehabilitation and development that will address
the needs of Moro Islamic Liberation Front combatants/Bangsamoro Islamic
Armed Forces members and decommissioned women auxiliary forces,
internally displaced persons, and poverty-stricken communities.
SEC. 2. Special Development Fund. The National Government shall
provide for a Special Development Fund to the Bangsamoro Government for
rehabilitation and development purposes upon the ratification of this Basic
Law. There shall be established a womens peace fund primarily
managed by women, as a window to the special development fund in
support of gender as a cross-cutting concern. The amount equivalent to
Seven Billion Pesos (PhP 7,000,000,000.00) shall be allocated for the first
year following the ratification of this Basic Law. Beginning the second
year, the Special Development Fund shall be in the amount of Ten Billion
Pesos (PhP 10,000,000,000.00) which shall be paid out to the Bangsamoro
Government over five (5) years, at the rate of Two Billion Pesos (PhP
2,000,000,000.00) per year. Such amount shall be regularly released at the
beginning of each fiscal year to the Bangsamoro Government.
Article XIV
PLEBISCITE
SECTION 1. Establishment of the Bangsamoro Autonomous Region.
(1) The establishment of the Bangsamoro Autonomous Region and the
determination of the Bangsamoro area shall take effect upon ratification of
this Basic Law by majority of the votes cast in the following provinces,
cities, and geographical areas in a plebiscite conducted for the purpose:

a.
b.
c.

d.
e.

The present geographical area of the Autonomous Region in

Muslim Mindanao;
The municipalities of Baloi, Munai, Nunungan, Pantar,
Tagoloan and Tangkal in the Province of Lanao del Norte;
The following thirty nine (39) barangays in the municipalities
of Kabacan, Carmen, Aleosan, Pigkawayan, Pikit, and
Midsayap in North Cotabato that voted for inclusion in the
Autonomous Region in Muslim Mindanao during the 2001
plebiscite under Republic Act No. 9054:
i. Dunguan, Lower Mingading, and Tapodoc in the
Municipality of Aleosan (3);
ii. Manarapan and Nasapian in the municipality of Carmen
(2);
iii. Nanga-an, Simbuhay and Sanggadong in the
Municipality of Kabacan (3);
iv. Damatulan,
Kadigasan,
Kadingilan,
Kapinpilan,
Kudarangan, Central Labas, Malingao, Mudseng,
Nabalawag, Olandang, Sambulawan, and Tugal in the
Municipality of Midsayap (12);
v. Lower Baguer, Balacayon, Buricain, Datu Binasing,
Kadingilan, Matilac, Patot, and Lower Pangangkalan in
the Municipality of Pigkawayan (8);
vi. Bagoinged, Balatican, S. Balong, S. Balongis,
Batulawan, Buliok, Gokoton, Kabasalan, Lagunde,
Macabial, Macasendeng, in the Municipality of Pikit
(11).
The cities of Cotabato, Isabela, and Lamitan; and
Those qualified for inclusion in the plebiscite, by way of
resolution or petition.

SEC. 2. The Bangsamoro Area. - The plebiscite for purposes of

determining the actual area jurisdiction of the Bangsamoro Autonomous
Region shall be conducted, within one hundred twenty (120) days from the
effectivity of this Basic Law.
For this purpose, the Comission on Elections shall undertake the necessary
steps to enable the holding of the plebiscite within the said period.

SEC. 3. Results of the Plebiscite.

a)

For the present geographic area of the Autonomous Region in

Muslim Mindanao: if the majority of the votes cast in each
province and city vote in favor of the Basic Law for the
Bangsamoro Autonomous Region the respective provinces and
cities shall be included in the Bangsamoro.

b)

For the municipalities of Baloi, Munai, Nunungan, Pantar,

Tagaloan and Tangkal in the Province of Lanao del Norte: If
the majority of the votes cast in each of these municipalities
vote in favor of the Basic Law for the Bangsamoro
Autonomous Region, the respective municipalities shall be
included in the Bangsamoro.

c)

For other barangays in the municipalities of Kabacan, Carmen,

Aleosan, Pigcawayan, Pikit, and Midsayap that voted for
inclusion in the Autonomous Region in Muslim Mindanao
during the 2001 plebiscite: If the majority of the votes cast in
each of these barangays vote in favor of the Basic Law for the
Bangsamoro Autonomous Region, the respective barangays
shall be included in the Bangsamoro.

d)

For the cities of Cotabato, Isabela and Lamitan: If the majority

of the votes cast in each of these cities vote in favor of the Basic
Law for the Bangsamoro Autonomous Region, the respective
cities shall be included in the Bangsamoro.

e)

For all other contiguous areas where there is a resolution of the

local government unit or a petition of at least ten percent (10%)
of the votes cast in the geographic area asking for their
inclusion at least two months prior to the conduct of the
ratification of the Basic Law. If the majority of the votes cast in
each of these local government units vote in favor of the Basic
Law, the respective local government units shall be included in
the Bangsamoro Autonomous Region.

SEC. 4. Plebiscite for Joining the Bangsamoro Autonomous Region

Any local government unit or geographic area outside the territorial
jurisdiction of the Bangsamoro Autonomous Region, but which are
contiguous to any of the component units of the Bangsamoro Autonomous
Region and within the area of autonomy identified in the 1976 Tripoli

agreement, may opt to be part of the Bangsamoro Autonomous Region, upon

a verified petition for the conduct of a plebiscite of at least ten percent (10%)
of the registered voters of the interested local government units or
geographical areas; Provided, That the inclusion of the local government
unit or geographic area in the Bangsamoro Autonomous Region shall be
effective when approved by a majority of the votes cast in the plebiscite
called for the purpose in the political units directly affected: Provided
further, That petitions for inclusion may only be filed on the fifth (5 th) and
tenth (10th) year following the enactment of this Basic Law: and, Provided
finally, That no petition for joining the Bangsamoro Autonomous Region
shall be entertained within five (5) years following the enactment of this
Basic Law.
The schedule of the plebiscite shall be determined by the COMELEC.
SEC. 5. Transfer of Local Government Unit and Congressional District
Membership. In accordance with Sections 3 and 4 of this Article, when a
municipality belongs to a province that is not part of the Bangsamoro
Autonomous Region opts to join it, such municipality shall be deemed
transferred to and shall become part of the nearest constituent province of
the Bangsamoro Autonomous Region.
In the same manner, when a barangay belonging to a city or municipality
that is not part of the Bangsamoro Autonomous Region opts to join it, such
barangay shall be deemed transferred to and shall become part of the nearest
constituent city or municipality of the Bangsamoro Autonomous Region.
The same barangay or municipality shall follow the legislative district of the
province, city or municipality to which it is transferred.
The Bangsamoro Parliament, may, by regional law, provide for the
constitution of geographic areas in the Bangsamoro Autonomous Region
into appropriate territorial or political subdivisions depending on the results
of any of the plebiscites herein.
Nothing herein shall be construed to allow the Bangsamoro Parliament to
create legislative districts.
SEC. 6. Plebiscite Question. The question to be asked of the voters in the
plebiscite shall be as follows: Do you approve of the Basic Law of the
Bangsamoro Autonomous Region?

SEC. 7. Plebiscite Monitoring. The Comission on Elections shall also

provide for the accreditation of plebiscite monitors, including the
international-domestic monitoring body created by the National Government
and the Moro Islamic Liberation Front negotiating panels, in accordance
with established international standards on election monitoring. The
monitoring body will have access to all operations related to the conduct of
the plebiscite and be able to conduct regular and random checks. The reports
of the monitoring body shall be made available to the panels for their
disposition.
SEC. 8. Registered Voters. All registered voters in the provinces, cities
and geographical areas mentioned in Section 1 of this Article shall be
qualified to participate in the plebiscite on the establishment of the
Bangsamoro Autonomous Region. Notwithstanding existing laws, rules, and
regulations on overseas and local absentee voters, the Comission on
Elections shall ensure that qualified voters for the plebiscite who are located
outside the Bangsamoro Autonomous Region on the date of the plebiscite
shall be given the opportunity to vote, and that voters who are currently
registered outside the areas specified but are otherwise qualified to be
registered voters of the areas, complying with residency requirements under
the law, shall be given the opportunity to transfer their registration
accordingly, in time for the conduct of the plebiscite.
The Commission on Elections shall conduct a special registration before the
date of the plebiscite on the Bangsamoro Basic Law.
The Commission on Elections shall promulgate rules necessary for the
conduct of plebiscite, including those for the accreditation of plebiscite
monitors, voluntary inclusion in the plebiscite and the special registration of
voters as provided herein, within thirty (30) days from the effectivity of this
Basic Law, with the primary objective of optimizing the opportunity for
participation in the plebiscite of qualified voters in the areas specified for the
creation of the Bangsamoro Autonomous Region.
SEC. 9. Information Campaigns. The Commission on Elections shall
supervise the conduct of information campaigns on the plebiscite, including
sectoral campaigns for indigenous communities, women, youth, religious,
professionals and public and private sector employees, in every
municipality, city, and province where the plebiscite is held.
Public conferences, assemblies, or meetings on dates before the plebiscite
day itself shall be held to inform the residents thereof regarding the

significance and meaning of the plebiscite and to help them to cast their
votes intelligently. Free, full, and constructive discussion and exchange of
views on the issues shall be encouraged.
For this purpose, the assistance of persons of known probity and knowledge
may be enlisted by the Commission on Elections, the local government units
or interested parties to act as speakers or resource persons.
Such campaign will be without prejudice to other information dissemination
and public advocacy initiatives by the other government or non-government
groups or individuals.
For information campaigns and other public advocacy initiatives with
indigenous communities, local leaders shall be engaged to lead discussions
in their respective communities.
Public advocacy initiatives shall be conducted within the framework of
solidarity, cooperation, and unity among Moro, indigenous, and settler
communities. Consultations shall give due respect to the roles of indigenous
and Moro women, and encourage their active participation.
SEC. 10. Appropriation. A sufficient amount is hereby appropriated for
the requirements of the conduct of the plebiscite, including the monitoring,
information campaign and the registration of voters: Provided, That the
Commission on Elections shall determine the manner of campaigning and
the deputization of government agencies for the purpose.
Article XV
BANGSAMORO TRANSITION AUTHORITY
SECTION 1. Transition Period. The transition or interim period for the
establishment of the Bangsamoro Autonomous Region shall commence
upon ratification of this Basic Law.
The law shall be deemed ratified upon proclamation of the Commission on
Elections, or its duly authorized officers, that a majority of the votes cast in
the plebiscite in the constituent units are in favor of the creation of the
Bangsamoro Autonomous Region. The fact of ratification shall be confirmed
by the Government of the Philippines and Moro Islamic Liberation Front
negotiating panels.
Transition period shall end upon the dissolution of the Bangsamoro
Transition Authority, as provided in this Basic Law.

The period of transition herein defined shall be without prejudice to the

initiation or continuation of other measures that may be required by postconflict transition and normalization even beyond the term of the
Bangsamoro Transition Authority.
SEC. 2. Bangsamoro Transition Authority. There is hereby created a
Bangsamoro Transition Authority which shall be the interim government or
the governing body in the Bangsamoro during the transition period. The
Moro Islamic Liberation Front, being the principal party to the
Comprehensive Agreement on the Bangsamoro, shall lead the Bangsamoro
Transition Authority, with the participation of the Moro National Liberation
Front in its leadership and membership.
The Bangsamoro Transition Authority shall be composed of sixty (60)
members. The Bangsamoro Transition Authority shall be composed of all
the incumbent members of the Autonomous Region in Muslim Mindanao
Regional Assembly who shall serve in the Bangsamoro Transition Authority
until the expiration of their term, the rest of the members shall be appointed
by the President: Provided, That non-Moro indigenous peoples, women,
Christian residents, youth and other sectors shall have representatives in the
Bangsamoro Transition Authority: Provided, further, That at least two (2)
members thereof shall come from non-Moro indigenous peoples.
Nominations may be submitted to the office of the President for this
purpose. The Bangsamoro Transition Authority shall ensure that women will
be adequately represented in all decision-making mechanisms.
The Council of Leaders as provided in Section 5, Article VI shall also be
organized during the transition period.
SEC. 3. Powers and Authorities. Legislative and executive powers in the
Bangsamoro Government during transition shall be vested in the
Bangsamoro Transition Authority. During the transition period, executive
authority shall be exercised by the interim Chief Minister, who shall be
appointed by the President as such, while legislative authority shall be
exercised by the Bangsamoro Transition Authority.
All devolved authorities shall be vested in the Bangsamoro Transition
Authority during the transition period.
For purposes of mechanisms for intergovernmental relations with the
National Government and local governments units in the Bangsamoro
Autonomous Region, the Bangsamoro Transition Authority shall be deemed
as the Bangsamoro Government for the duration of the transition period.

SEC. 4. Functions and Priorities. The Bangsamoro Transition Authority

shall ensure the accomplishment of the following priorities during the
transition period:
a.

Enactment of priority legislations such as the Bangsamoro

Administrative Code and the Bangsamoro Revenue Code
consistent with powers and prerogatives vested in the
Bangsamoro Government by this Basic Law: Provided, That
until the abovementioned laws are enacted for the Bangsamoro,
Muslim Mindanao Autonomy Act No. 25 or the Autonomous
Region in Muslim Mindanao Local Government Code, and
subsisting laws on elections and other electoral matters shall
apply in the Bangsamoro;

b.

Organization of the bureaucracy of the Bangsamoro

Government during transition, including the approval and
implementation of a transition plan, and the institution of a
placement process for hiring of personnel during transition.
This shall also include the setting up of offices and other
institutions necessary for the continued functioning of
government and delivery of social services in the region, as
well as those necessary for the smooth operations of the first
elected Bangsamoro Government in 2016;

c.

Transfer of powers and properties of the Autonomous Region in

Muslim Mindanao Regional Government to the Bangsamoro
Government, and the disposition of personnel, as provided in
this Basic Law; and

d.

Other matters that may be necessary for the transition from the
Autonomous Region in Muslim Mindanao Regional
Government to the Bangsamoro Government, as provided in
this Basic Law.

SEC. 5. Transition Plan. Within the first sixty (60) days of the transition
period, the interim Chief Minister shall submit to the Bangsamoro Transition
Authority a transition plan that shall contain the proposed organizational
plan, as well as the schedule therefor. The Bangsamoro Transition Authority

shall approve or otherwise act on the proposed transition plan within ten (10)
days upon submission by the interim Chief Minister. It shall be implemented
within fifteen (15) days from its approval.
SEC. 6. Interim Officers. The interim Chief Minister shall organize the
interim Cabinet and shall appoint an interim Deputy Chief Minister, who
shall also be a member of the Bangsamoro Transition Authority. The interim
Chief Minister shall also appoint such other ministers as may be necessary to
perform the functions of government during transition, a majority of whom
shall be from among members of the Bangsamoro Transition Authority.
Members of the Bangsamoro Transition Authority who are appointed to
cabinet positions shall serve their offices concurrently: Provided, That no
member of the Bangsamoro Transition Authority may be appointed, elected
or otherwise hold more than two (2) positions at the same time.
SEC. 7. Interim Cabinet. The Interim Cabinet shall be composed of ten
(10) primary offices with sub-offices for matters covered and priority
ministries, namely:
a.
b.
c.
d.
e.

f.
g.
h.
i.
j.

Education;
Health;
Governance, in charge of budget and finance, accountability,
and such similar or related matters;
Social Welfare;
Development, in charge of transportation and communications,
regional investments, trade and industry, agriculture, forestry
and environment, urban and rural development, and such
similar or related matters;
Public Order and Safety;
Non-Moro Indigenous Peoples Affairs;
Public Works;
Local Government; and
Finance.

The Bangsamoro Transition Authority may empower the interim Chief

Minister to create other ministries and primary offices, upon a determination
of the majority of its members that the same is necessary for achieving the
twin goals of continuity of social services and transitioning to the regular
Bangsamoro Government.

SEC. 8. Organization of the Bureaucracy. The authority of the

Bangsamoro Transition Authority to create offices and organize the
bureaucracy during transition is without prejudice to the authority of the
Bangsamoro Government to reorganize the bureaucracy upon its
constitution, or any time thereafter. In the exercise of this authority, the
Bangsamoro Transition Authority shall ensure the least possible disruption
to the functioning of government and the delivery of services in the region.
Qualified civil service personnel, including public school teachers, shall be
retained by the Bangsamoro Government with no diminution in pay,
benefits, job security, credited years of service, and other rights and
privileges.
All offices and institutions created by laws enacted by the Autonomous
Region in Muslim Mindanao Regional Legislative Assembly shall be
deemed part of the Autonomous Region in Muslim Mindanao Government
and shall be subject to the phase out plan that will be adopted by the
Bangsamoro Transition Authority.
SEC. 9. Transfer of Powers and Properties and Disposition of
Personnel. All powers, functions, assets, capital, receivables, equipment
and facilities of the Autonomous Region in Muslim Mindanao Regional
Government at the time of the ratification of this Basic Law shall be
transferred to the Bangsamoro Government: Provided, That assets of the
Autonomous Region in Muslim Mindanao located outside the Bangsamoro
Autonomous Region may be acquired by the National Government through
negotiations with the Bangsamoro Government and shall be transferred to
the appropriate local government unit.
The Bangsamoro Transition Authority shall schedule the gradual phasing out
of offices of the Autonomous Region in Muslim Mindanao, which are
abolished upon the ratification of the Basic Law of the Bangsamoro
Autonomous Region. In consideration of public interest and the delivery of
services, officials holding appointive positions shall continue to perform
their functions in accordance with the schedule.
The National Government shall provide the necessary funds for the benefits
and entitlements of affected employees in the Autonomous Region in
Muslim Mindanao.
The Bangsamoro Transition Authority shall institute an independent, strictly
merit-based and credible placement and hiring process for all offices,

agencies and institutions in the Bangsamoro Government, and shall consider

gender and ethnic balance.
An inventory shall be conducted to ensure that the liabilities of the
Autonomous Region in Muslim Mindanao under the law, contracts or others
are settled prior to the turnover to the Bangsamoro Transition Authority.
For this purpose, the Office of the Regional Governor of the Autonomous
Region in Muslim Mindanao shall turnover to the Bangsamoro Transition
Authority upon the latter's constitution a summary report on the status of the
Regional Government as of the date of the ratification of this Basic Law,
including information on the status of devolution, personnel, properties and
assets of the Regional Government.
SEC. 10. Disposition of Personnel and Assets of National Government
Offices or Agencies. The National Government shall provide for the
disposition of personnel of National Government or government-owned or
controlled corporations whose mandate and functions are transferred to or
now vested in the Bangsamoro Government by virtue of this Basic Law.
Properties and assets shall be transferred to the Bangsamoro Government
within six (6) weeks from the organization of the Bangsamoro Transition
Authority. The transfer of properties and assets is without prejudice to the
power of the Bangsamoro Transition Authority to organize the bureaucracy
during transition.
SEC. 11. Dissolution of the Bangsamoro Transition Authority.
Immediately upon the qualification of the elected Chief Minister under the
first Bangsamoro Parliament, the Bangsamoro Transition Authority shall be
deemed dissolved.
The Bangsamoro Transition Authority shall submit its final report and
recommendations to the Bangsamoro Parliament, as well as to the House of
Representatives and the Senate, on the status of government during the
transition period within sixty (60) days from the assumption into office of all
members of the first Parliament.
SEC. 12. Regular Elections. The first regular elections for the
Bangsamoro Government under this Basic Law shall be held on the second
Monday of May 2016. It shall be governed by the Bangsamoro Electoral
Code. The National Omnibus Election Code shall apply suppletorily,
whenever appropriate. The Commission on Elections shall promulgate rules
and regulations as may be necessary for the conduct of said elections, and
enforce and administer the same, consistent with this Basic Law as

correlated with relevant national laws. The Bangsamoro Government shall

encourage political parties to have a womens agenda, and integrate women
and youth in the electoral nominating processes.
SEC. 13. Initial Funding for Transition. To carry out the requirements
of transition, including the organizational activities of the Bangsamoro
Transition Authority, organization of the bureaucracy, hiring of personnel,
and the exercise of functions and powers of the Bangsamoro Transition
Authority, as provided in this Basic Law, the amount of One Billion Pesos
(1,000,000,000.00) is hereby appropriated for the Bangsamoro Transition
Authority, charged against the General Funds of the National Government.
In addition, the current year's appropriations for the Autonomous Region in
Muslim Mindanao shall also be transferred to the Bangsamoro Transition
Authority for this purpose.
This shall be without prejudice to any supplemental budget that may be
appropriated by Congress to support the transition.
Government functions falling within the reserved powers of the National
Government in the Bangsamoro shall continue to be financed by the
National Government funds.
Article XVI
AMENDMENTS AND REVISIONS
SECTION 1. Amendments and Revisions. Any proposal to amend or
revise the provisions of this Basic Law may be proposed by any member of
Congress.
Such amendment or revision, as enacted by Congress, shall become effective
upon approval by a majority vote of the votes cast in the Bangsamoro area in
a plebiscite called for the purpose.
The plebiscite shall be held not earlier than sixty (60) days or later than
ninety (90) days after the approval of such amendment or revision.
Article XVII
FINAL PROVISIONS
SECTION 1. Separability Clause. If, for any reason, any section or
provision of this Basic Law is declared unconstitutional, other sections or
provisions, which are not affected by such declaration shall continue to be in
full force and effect

SEC. 2. Repealing Clause. Republic Act No. 6734 and Republic Act No.
9054 are hereby repealed. All other laws, decrees, orders, rules and
regulations, and other issuances or parts thereof, which are inconsistent with
this Basic Law, are hereby repealed or modified accordingly.
SEC. 3. Subsisting Regional Laws. All subsisting laws enacted by the
Regional Legislative Assembly of the Autonomous Region Muslim
Mindanao by virtue of authorities provided under Republic Act No. 6734, as
amended by Republic Act No. 9054, shall be deemed in effect, unless
inconsistent with the Basic Law or repealed or amended by laws passed by
the Bangsamoro.
SEC. 4. Effectivity Clause. This Basic Law shall take effect fifteen (15)
days following its complete publication in at least two (2) national
newspapers of general circulation and one (1) local newspaper of general
circulation in the Bangsamoro Autonomous Region.
SEC. 5. Abolition of the Autonomous Region in Muslim Mindanao.
Upon the ratification of this Basic Law, the Bangsamoro Autonomous
Region shall be deemed established, and the Autonomous Region in Muslim
Mindanao shall be deemed abolished.

APPENDIX TO THE BASIC LAW

AN ORDINANCE PROVIDING FOR THE PARLIAMENTARY
DISTRICTS COMPOSING THE PROVINCES, CITIES, MUNICIPALITIES AND
GEOGRAPHIC AREAS OF THE BANGSAMORO AUTONOMOUS REGION.
SECTION 1. Except for the seats intended for the reserved, sectoral and party
representatives and until otherwise determined by the Bangsamoro Parliament, the
elections of the first members of the Bangsamoro Parliament including subsequent
elections, shall be based on the parliamentary districts apportioned among the provinces,
cities, municipalities, barangays and geographic areas of the Bangsamoro, as follows:
PROVINCE OF MAGUINDANAO, Six Districts (6) First District: Municipalities
of Matanog; Barira; Buldon; Parang Second District: Sultan Kudarat; Sultan
Mastura; Northern Kabuntalan; Mother Kabuntalan Third District: Datu Odin
Sinsuat; North Upi; Datu Blah Sinsuat Fourth District: Talayan; Guindulungan;
Datu Unsay; Datu Hoffer; Sharif Aguak; Ampatuan; Datu Anggal Midtimbang;
Talitay; South Upi Fifth District: Raja Buayan; Datu Salibo; Datu Piang; Sharif
Saydona Mustapa; Mamasapanol Datu Montawal; Pagalungan; Datu Saudi
Ampatuan Sixth District: Datu Abdullah Sangki; Sultan sa Barongis; Gen. SK
Pendatun; Paglat; Pandag; Buluan; Datu Paglas; and Mangudadatu.
CITY OF COTABATO, Two (2) Districts First District: Bagua; Bagua I; Bagua
II; Kalanganan Mother; Kalanganan I; Poblacion Mother; Poblacion I; Poblacion
V; Poblacion VI; Poblacion VII; Second District: Rosary Heights Mother; Rosary
Heights I; Rosary Heights II; Rosary Heights III; Rosary Heights IV; Rosary
Heights V; Rosary Heights X; Rosary Heights XI; Rosary Heights XII; Rosary
Heights XIII; Bagua III; Poblacion II; Poblacion III; Poblacion IV; Third
District: Rosary Heights VI; Rosary Heights VII; Rosary Heights VIII; Rosary
Heights IX; Tamontaka Mother; Tamontaka I; Tamontaka II; Tamontaka III;
Tamontaka IV; Tamontaka V; Poblacion VIII; Poblacion IX.
PROVINCE OF LANAO DEL SUR, Seven (7) Districts First District: Marawi
City Second District: Marantao; Piagapo; Saguiaran; Kapai; Tagoloan II Third
Distirct: Wao; Bubong; Ditsaan-Ramain; Buadiposo-Buntong; Mulondo;
Bumbaran; Fourth District: Taraka; Tamparan; Maguing; Poona Bayabao;
Masui; Lumba-Bayabao; Fifth District: Balindong; Tugaya; Bacolod-Kalawi;
Madalum; Madamba; Pualas; Ganassi Sixth District: Sultan Dumalondong;
Pagayawan; Calanogas; Binidayan; Lumbayanague; Lumbaca-Unayan; Butig;
Bayang; Lumbatan Seventh Distirct: Kapatagan; Balabagan; Malabang; Picong;
Tubaran; and Marogong.
PROVINCE OF SULU, Six (6) Districts First District: Jolo Second District:
Parang; Indanan Third District: Talipao; Maimbong; Tapul Fourth District:
Patikul; Old Panamao; Pangutaran; Hadji Panglima Tahil Fifth District: Luuk;

Panglima Estino; Kalingalan Caluang; Omar; Banguingui/Tongkil; Pata Sixth

District: Siasi; Pandami; and Lugus.
PROVINCE OF BASILAN, Three (3) Districts First District: Isabela City;
Lantawan; Hadji Muhtamad; Ungkaya Pukan; Second District: Maluso; Tabuan
Lasa; Tipo-tipo; Al Barka; Sumisip Third District: Lamitan City; Hadji
Mohammad Ajul; Akbar; and Tuburan.
PROVINCE OF TAWI-TAWI, Three (3) Districts: First District: Sibutu;
Simunul; Sitangkai; Panglima Sugala Second District: Bongao; Mapun; Turtle
Islands Third District: South Ubian; Tandubas; Sapa-Sapa; and Languyan.
BANGSAMORO GEOGRAPHIC AREA I: One (1) District - Lone District:
Municipalities of Baloi; Munai; Nunungan; Pantar; Tagoloan; and Tangkal, of the
Province of Lanao del Norte that voted for inclusion during the 2001 ARMM Plebiscite.
BANGSAMORO GEOGRAPHIC AREA II: One (1)District - Lone District:
Barangays Bagoinged (Bagoaingud), Balatican, Balong, Balungis, Batulawan, Buliok,
Gokoton (Gokotan), Kabasalan, Lagunde, Macabual, Macasendeg in Pikit; Barangays
Nangaan, Sanggadong, and Simbuhay in Kabacan; Barangays Damatulan, Kadigasan,
Kadinglian, Kapinpilan, Kudarangan, Central Labas, Malingao, Mudseng, Nabalawag,
Olandang, Sambulawan, Tugal in Midsayap; Barangays Dugungan, Lower Mingading,
and Papodoc in Aleosan; Barangays Nasapian, Manarapan in Carmen; Barangays
Balacayon, Buricain, Datu Binasing, Kadingilan, Lower Baguer, Lower Pangangkalan,
Matilac, Patot in Pigkawayan; all in North Cotabato, that voted for inclusion during the
2001 ARMM Plebiscite.
SEC. 2. The constituent units of the Bangsamoro Autonomous Region shall be
the provinces, cities, municipalities, barangays and geographic areas within its area.
SEC. 3. Any province, city or municipality that may hereafter be created
satisfying the standards set by law passed by the Bangsamoro Parliament shall be entitled
in the immediately following elections to at least one (1) member or such number of
members as it may be entitled to on the basis of the number of its inhabitants to the
Bangsamoro Parliament. Provided, that a province or a city shall constitute at least one
(1) district for purposes of representation in the Bangsamoro Parliament.
SEC. 4. The Bangsamoro Parliament shall, by law, provide for the regrouping or
merging, as the case may be, of other geographic areas that voted in favor of the
Bangsamoro Autonomous Region, and those other contiguous areas that opted or
petitioned for their inclusion, into a new constituent unit which shall become part of the
territories of the Bangsamoro.
SEC. 5. This Ordinance shall form part of the Basic Law of the Bangsamoro
Autonomous Region and shall similarly and simultaneously be submitted to a plebiscite
held for the purpose, and shall take effect as provided in Section 3, Article XV of this
Basic Law.
NOTE: POPULATION PER PROVINCE AND CITY AS OF MAY 2010 CENSUS
Province of Maguindanao
945,820
City of Cotabato
271,786
Province of Lanao del Sur
933,260

City of Marawi
Province of Sulu
Province of Basilan
City of Isabela
Province of Tawi-Tawi

187,106
718,290
293,322
97,857
322,317