Republic of the Philipy Bangsamoro Autonomous Region in Muslim Mindanao BANGSAMORO TRANSITION AUTHORITY Cotabato City Second Regular Session Bill No, 80 INTRODUCED BY PRINCIPAL AUTHORS: HON, RASOL Y. MITMUG, JR., HON. AMILBAHAR S, MAWALLIL CO-AUTHORS: HON. LAISA M. ALAMIA, HON. SUHARTO AMBOLODTO, HON. BAINTAN ADIL-AMPATUAN, HON. RASUL E. ISMAEL, HON. DON MUSTAPHA LOONG, HON EDDIE ALIH EXPLANATORY NOTE Holidays are observed to celebrate and/or commemorate a historical event or tradition of cultural or religious significance. In as far as workers are concerned, holidays mean non-working days. The rich cultural heritage of the Bangsamoro people must be preserved and its, significant historical events and heroes should be given tribute and honored. On September 12, 1973, Presidential Decree No. 291 was enacted recognizing Muslim holidays as national holidays. Section 4 of the said decree declares that the approximate dates may be determined in accordance with the appearance of the moon or upon Islamic astronomical calculations, whichever is possible or convenient. To supplement this, the defunct ARMM issued Muslim Mindanao Autonomy Act No. 17 (MMAA 17) otherwise known as “An Act Recognizing Muslim Historical and Religious Events and All Existing Muslim Holidays in the ARMM and for Other Purposes.” Aplebiscite was held on January 21, 2019, ratifying the Bangsamoro Organic Law and the establishment of the Bangsamoro Autonomous Region. Upon the passage of Bangsamoro Autonomy Act No. 13 (Bangsamoro Administrative Code), the date was declared as the Bangsamoro Foundation Day. In February 2020, a month before the 52 anniversary of Jabidah Massacre, the Bangsamoro Parliament adopted Resolution No. 62 requiring all the ministries and offices including schools to initiate and develop comprehensive policies, programs and activities every March 18 in commemoration of the same, as one of the transitional justice mechanisms For this purpose, this Bill commemorates the events of religious significance and cultural identities and honors the heroism of the Bangsamoro who lost their lives in the fight for the aspiration for self-identity and determination.‘The recognition of religious, historical and/or cultural significance, the value of Hijra calendar, the holiday economics, the pretermission of holidays, and the master list of existing special local holidays in the respective Local Government Units (LGUs), are the key features of this Bill. Therefore, the passage of this proposed measure is earnestly sought, to give recognition that the Bangsamoro truly deserves.Republic of the Philippines Bangsamoro Autonomous Region in Muslim Mindanao BANGSAMORO TRANSITION AUTHORITY Cotabato City Second Regular Session Bill No. 8 0 INTRODUCED BY PRINCIPAL AUTHORS: HON. RASOL Y. MITMUG, JR., HON. AMILBAHAR S. MAWALLIL CO-AUTHORS: HON. LAISA M. ALAMIA, HON. SUHARTO AMBOLODTO, HON, BAINTAN ADIL-AMPATUAN, HON. RASUL E. ISMAEL, HON. DON MUSTAPHA LOONG, HON EDDIE ALIH AN ACT RECOGNIZING AND DECLARING THE BANGSAMORO HOLIDAYS TO BE OBSERVED IN THE BANGSAMORO AUTONOMOUS REGION AND FOR OTHER PURPOSES Be it ordained by the Bangsamoro Parliament, in session assembled: Section 1, SHORT TITLE. - This Act shall be known as “BANGSAMORO LEGAL HOLIDAYS.” Section 2. DECLARATION OF POLICY. - It is a policy of the Bangsamoro Government to recognize and declare Bangsamoro legal holidays pursuant to Republic ‘Act No. 11054 to celebrate and/or commemorate religious, cultural and historical events in the Bangsamoro Autonomous Region as regular non-working holidays. It also allows the observance of the anniversaries of the different LGUs within the Bangsamoro Autonomous Region as local Special Holidays. ‘Towards this end, the Bangsamoro Government shall exercise the power to ensure and support the preservation and enrichment of the Bangsamoro culture, celebrate significant historic events, and honor Bangsamoro heroes. Nothing in this Act shall preclude the observance of declared National Holidays. Section 3. DEFINITION OF TERMS. a.) Regular Non-Working Holidays - are those national and regional holidays provided by law, which are observed throughout the area of autonomy. b,) Special Holidays - refer to non-regular holidays in the region and certain local government units in observance of historical, religious and other significant events which need official proclamation from the Chief Minister. \:da PM | Maecst 01, 962!Section 4. DECLARATION OF HOLIDAYS. - As provided for in Republic Act No, 11054 and pursuant to Bangsamoro Autonomy Act No. 13, otherwise known as the Bangsamoro Administrative Code, which mandates the Parliament to enact a law to identify the holidays to be observed in the Bangsamoro Autonomous Region. In addition to the National holidays, the following shall also be observed as regional non-working holidays throughout the Bangsamoro Autonomous Region: 1. Bangsamoro Foundation Day -21 of January 2. Eid-ul-Fitr (Hari Raya Puasa) - Movable date 3, Bid-ul-Adha (Hari Raja Haji) - Movable date 4, Jabidah Commemoration Day - 18 March 5. Sheik Karimul Makhdum Day - 7 November Section 5. DATE OF OBSERVANCE. - Except for the holidays with specific date provided under Section 4, the approximate dates of the Bid-ul-Fitr and Eid-ul-Adha herein enumerated shall be determined in accordance with the Muslim Hijrah Calendar or based on the appearance of the moon or on Islamic Astronomical calculations, whichever is possible or convenient. For this purpose, the Chief Minister, in coordination with the Mufti of Bangsamoro Darul-Ifta’, shall make the necessary proclamation at least three (3) days before the Holiday. ‘The Chief Minister shalll issue a proclamation on regional holidays annually. Section 5. LOCAL SPECIAL DAYS. - The Chief Minister may, by official proclamation, allow the observance of the anniversary of the different LGUs and other events of religious or historical significance in the BARMM provided such unit shall notify and seek the official sanction of the Chief Minister at least fifteen (15) days before the observance of their anniversary. These shall be considered as Special Non-Working Holidays. ‘The Sangguniang Panlalawigan, Sangguniang Panlungsod or Sangguniang Bayan, is hereby authorized to declare by ordinance, special holidays to commemorate significant historic events in their respective locality, upon prior consultation with the Bangsamoro Commission for the Preservation of Cultural Heritage (BCPCH) which shall issue a prior certification as to the historical significance of the occasion. The Ministry of Labor and Employment (MOLE) shall likewise be consulted, considering the holiday's implication relating to labor rights and privileges. Section 6. MASTERLIST OF LOCAL SPECIAL DAYS. - Within ninety (90) days from the effectivity of this Act, the leagues of provinces, cities, and municipalities shall each submit to the BCPCH a master list of existing special local holidays in their respective member- LGUs, stating, among others, the nature, legal basis and date of declaration of such holidays. Thereupon, the Bangsamoro Commission for the Preservation of Culture and Heritage shall immediately furnish the Bangsamoro Parliament, Office of the ChiefMinister, the Ministry of Interior and Local Government (MILG) and the Ministry of Labor and Employment the official and complete master list of all local special days. No valid local special day, working or non-working, shall be declared in any locality after the BCPH has issued a certification that it has already submitted the master list to the Bangsamoro Parliament and the OCM. Section 7. HOLIDAY ECONOMICS. - As much as possible, the local special holidays shall be declared on a Monday or Friday. Ifa local special holiday falls on a day other than Monday or Friday, the local Sanggunian concerned shall have the authority to declare its observance on the nearest Monday or Friday; Provided, that the local Sanggunian concerned shall declare such change not later than three (3) months prior to its observance. Section 8. COVERAGE. - The foregoing holidays shall be officially observed by all private and public offices, private corporations and establishments, government owned and/or controlled corporations, including private and public schools, established and operating in the Bangsamoro Autonomous region and all other offices of the BARMM established outside Bangsamoro Autonomous Region, Section 9. PRETERMISSION OF HOLIDAY. - Where the day, or the last day, for doing any act required or permitted by law falls on a regular holiday or special holiday, the act may be done on the next succeeding business day. Section 10. APPLICABILITY OF THE LABOR CODE. - For employees in the private sector, the compensation for regular holidays and special non-working holidays shall be consistent with the provisions of the Labor Code and its implementing rules and regulations. Section 11. SEPARABILITY CLAUSE, - If any provision or part of this Act is, declared unconstitutional or contrary to the provisions of Republic Act No. 11054, the same shall not apply to the validity and effectivity of the other provisions not affected thereby. Section 12. REPEALING CLAUSE. - All laws, orders and memoranda or parts thereof inconsistent with the provisions of this Act are hereby repealed, and/or modified accordingly. Section 13. EFFECTIVITY. - This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation in the Bangsamoro Autonomous Region. This Act is enacted by the Bangsamoro Transition Authority, Bangsamoro ‘Autonomous Region in Muslim Mindanao on . APPROVED: AUTHORHON. RAS. Y¥. MITMUG, JR. Certified correct: PROF. RABY B. ANGKAL Secretary General Attested: HON. PANGALIAN M. BALINDONG Speaker