bangsamoro basic law reasearch

7/24/2019 Bangsamoro Basic Law Reasearch

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Bangsamoro Basic Law

The Bangsamoro Basic Law is a draft law intended to establish the

Bangsamoro political entity in the Philippines and provide for its basic structure of government, which will replace the existing Autonomous Region in Muslim Mindanao.The proposed law is based on the omprehensive Agreement on the Bangsamoro, thepeace agreement signed between the !overnment of the Philippines and the Moro"slamic #iberation $ront. The draft of the law was personally submitted by PresidentBenigno A%uino """ to ongress leaders on &eptember '(, )('*.

How is the Basic Law related to the 1996 Final Peace Agreement?

The Basic #aw builds upon the gains of the '++ $inal Peace Agreement. The Annex on Power &haring in fact provides that the BT shall consider the proposedrecommendations from the review process of the '++ $inal Peace Agreement for possible incorporation into the Basic #aw. "t is hoped that the Basic #aw will reflect theaspirations of the Bangsamoro people, as well as of the other inhabitants of the region.The Basic #aw will articulate new political, financial, economic, commercial, ethnic andadministrative infrastructures for attaining the peace and progress for the wide spectrumof all the people in the Bangsamoro.

Why is real and meaningful autonomy important to the Bangsamoro?

Real and meaningful autonomy shall allow the the Bangsamoro to address thelongstanding problems of in-ustice, poverty and social and political marginali ationcaused by institutions, laws and policies that are not attuned to the needs, grievances,identities and experiences of the Bangsamoro. Real autonomy shall afford the people toexercise their right to selfdetermination towards the development of political institutionsand processes and their material resources, while preserving their cultural heritage,values and traditions.

What is the new Bangsamoro political entity?

"t consists of people, regional government and territory that remains part of the

Republic of the Philippines. "t will have its own distinct political, economic and socialsystems suitable to the life and culture of the Bangsamoro people. "t will en-oy politicaland fiscal autonomy


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What are political and fiscal autonomy?

Political autonomy means less interference by the entral government ingoverning the region and the Bangsamoro people shall be given more freedom todecide on how they will run their internal affairs. $iscal autonomy means that the

Bangsamoro shall be given the freedom to generate its own resources and to allocateand budget its funds and resources according to their needs. Political and fiscalautonomy pave the way for the Bangsmoro to be self/reliant and self/sustaining.

How will the Basic Law ring change and meaningful autonomy to theBangsamoro?

Between the entral government and the Bangsamoro government is a specialrelationship defined by the peace agreement as asymmetric. The $ramewor0

Agreement and its Annexes empower the Bangsamoro through its Basic #aw to evolve

and administer a ministerial system of government, the sharing of powers, the sharingof wealth from its natural resources, the process of normali ation, provisions for transition and modalities, and fiscal autonomy with less interference from the entralgovernment.

What is the ministerial system of go!ernment in the Bangsamoro?

"n the ministerial government, the Bangsamoro Assembly will not only ma0e thelaws and policies, but shall also implement them through its cabinet. Both the law/ma0ing power and executive powers of government shall be vested in the Bangsamoro

Assembly. The Bangsamoro cabinet shall be composed of the hief Minister, a 1eputyhief Minister, and such other ministers necessary to perform the functions of

government. The hief Minister shall be elected by ma-ority vote from among themembers of the assembly and shall exercise executive authority on its behalf. The hief Minister shall appoint the 1eputy hief Minister from among the elected members of theassembly and the rest of the ministers, ma-ority of whom shall also come from amongthe members of the assembly.

How does the Basic Law empower the Bangsamoro?

The Basic #aw, in accordance with the Annex on Power &haring, clearly

delineates the power sharing arrangement between the Bangsamoro and the entralgovernment. The Bangsamoro government shall have exclusive powers that it canexercise within its territorial -urisdiction. The entral government shall retain certainreserved powers. 2owever, both the entral government and the Bangsamorogovernment shall share a number of concurrent powers within the Bangsamoro.


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Will the Bangsamoro ha!e the funds to impro!e the li!ing conditions of theBangsamoro people?

The Basic #aw shall provide for additional sources of funds for the Bangsamoro."n addition to taxes already being collected by the ARMM, the Bangsamoro may also

collect capital gains tax, estate tax, documentary stamp tax and donor3s tax. All therevenues from these taxes will form part of the Bangsamoro treasury. $rom nationaltaxes, fees and charges collected in the Bangsamoro, 456 shall go to the Bangsamoroand )56 to the entral government. !reater fiscal autonomy is ensured by theautomatic appropriation and release of annual bloc0 grant transfers from the entralgovernment. A &pecial 1evelopment $und shall also be provided by the entralgovernment for rehabilitation and development. The Bangsamoro shall have theauthority to contract loans, credits and other forms of indebtedness with government or private ban0s and lending institutions except those re%uiring sovereign guaranty. TheBangsamoro may also avail of overseas development assistance 781A9 for prioritydevelopment pro-ects. 8ther sources of revenue include shares of government incomederived from Bangsamoro government owned and controlled corporations, financialinstitutions, economic ones, and freeports operating within the Bangsamoro territory. "tmay receive grants derived from economic agreements entered into or authori ed bythe Bangsamoro Assembly such as donations, endowments and other forms of aid,sub-ect to the reserved powers of entral government over foreign affairs. !rants anddonations may be received directly by the Bangsamoro government to be used solelyfor the purpose for which they were received.

How does the Bangsamoro "ustice system wor# in the Basic Law?

All citi ens are guaranteed the basic right to the redress of grievances and dueprocess of the law. "n addition to this basic right already en-oyed under the onstitution,the Basic #aw further provides for -ustice institutions in the Bangsamoro. The formalinstitutionali ation and operation of the &hari3ah -ustice system, the expansion of the

-urisdiction of the &hariah courts and competence over the &hariah -ustice system shallbe established in the Bangsamoro. The supremeacy of &hari3ah and its application shallbe only to Muslims. :hen necessary, the Basic law may institute measures to improvethe wor0ings of local civil courts. Aggrieved parties residing in the Bangsamoro mayhave recourse to the local courts, or among Muslims to the &hari3ah district or circuitcourts. The Basic #aw expresses respect for the right of the indigenous peoples to thesettlement of conflicts through their own tribal laws, and traditional systems. The Basic#aw shall also recogni e other indigenous processes as alternative modes of disputeresolution.


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$%A&'()*+

The Bangsamoro Basic #aw will replace and abolish the Autonomous RegionMuslim Mindanao 7ARMM9 8rganic Act. BB# is an enhanced version of the existing

ARMM. The said #aw;s primary aim is to promote long/term peace and ensure

development and progress in the Bangsamoro region and to secure their identity beingMoros.

"n my own opinion, there is no reason why " cannot say


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And to thin0 of it thoroughly, the Moros can -ust have their revenues on their own,if they did not really wanted peace and they opted for more funds. They would not allowthe central government to intervene with their activities too, because we all 0now thatthey can fight and they could hold innocent hostages to get what they wanted. #et usput our trust in them. "n one of the BB# provisions it is stated there that the Bangsamoro!overnment shall share revenues from the region with the entral !overnment,revenues from natural resources li0e crops all theirs, on mettalic )5 6 shall be for the

entral !ov;t and on non/metallic 7such as gas9 5(/5( sharing.

"t is a yes to BB# for me. #et us not be carried/away by others opinion about it.:e can study it on our own. #et us be informed before giving conclusion, and most of all, let us give our brothers the chance to have self/governance?self/determination, andbe fathered by our >ational !overnment. Although we cannot really blame thegovernment, as the Moros said they had been neglected before, they never wanted tobe part of the country until ARMM 8rganic Act came. BB# is -ust a proof that the ARMMregion we 0new today recogni es the Philippine !overnment being the higher authorityto influence and impart on their growth, economically and in all aspects@ simultaneously0eeping their culture and beliefs.


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Bangsa Moro

Basic #aw

&ubmitted by

1avid, Melissa 1.

&ubmitted to

Mr. =smeraldo !uillermo, MA=1

bangsamoro basic law reasearch

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