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Bangsamoro
What we need to know about the
"the President’s power to conduct peace negotiations is implicitly included in her powers as Chief Executive and Commander-‐in-‐Chief. As Chief Executive, the President has the general responsibility to promote public peace, and as Commander-‐in-‐Chief, she has the more specific duty to prevent and suppress rebellion and lawless violence.” -‐ Province of North Cotabato v. GRP Panel (G.R. No. 183591, October 14, 2008)
The President’s authority to conduct peace negotiations
What is the “Bangsamoro”?
• Identity or the Bangsamoro People
• Political entity or the Bangsamoro that will replace the ARMM
• Governmentor the Bangsamoro Government that will replace the ARMM Regional Government
1. The Bangsamoro does not form a separate state
• BBL: Art III, Sec. 1. “… The Bangsamoro shall remain a part of the Philippines.”
• 1987 Constitution: Art X, Sec. 15. “There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristicswithin the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines.”
Establishment of the Bangsamoro
• Constitution: Art X, Sec. 18. “The creation of the autonomous region shall be effective when approved by majority of the votes cast by the constituent units in a plebiscite called for the purpose, provided that only provinces, cities, and geographic areas voting favorably in such plebiscite shall be included in the autonomous region.
u the present geographical area of the ARMM
u those qualified for inclusion in the plebiscite, by way of resolution or petition
u 6 Municipalities in the province of Lanao del Norte: Baloi, Munai, Nunungan, Pantar, Tagoloan and Tangkal
u 39 barangays in the Municipalities of Kabacan, Carmen, Aleosan, Pigkawayan, Pikit, and Midsayap in North Cotabato
u the Cities of Cotabatoand Isabela
The Bangsamoro territory shall remain a part of the Philippines.
Proposed Bangsamoro Core Territory
Opt in clause (Sec. 4, Art XV, BBL)• Any local government unit or geographic area outside of the Bangsamoro
• Contiguous to any of the component units of the Bangsamoro
• Verified petition by at least 10% of its registered voters• Plebiscite where majority of voters say yes to joining the Bangsamoro
• Constitution: Art X, Sec. 10. “… subject to the approval by a majority of the votes cast in a plebiscite in the political units directly affected”
2. The MILF will not “rule” over the Bangsamoro
• MILF is the Government’s counterpart in the negotiations
• Bangsamoro Government is the democratically-‐elected government in the Bangsamoro; It will be ministerial or parliamentary in form
Constitutionality of parliamentary?
• Constitution: Art X, Sec. 18. “… The organic act shall define the basic structure of government for the region consisting of the executive department and legislative assembly, both of which shall be elective and representative of the constituent political units….”
Bangsamoro Transition Authority
• Interim government until the May 2016 elections
• 50 members, all appointed by the President
• MILF-‐led
3. The Bangsamoro will not have its own armed forces
• BBL: Art. XI, Sec. 15. “The defense and security of the Bangsamoro shall be the responsibility of the Central Government…”
• The MILF will decommission its forces in a gradual and phased manner
Annex on Normalization
On the security aspect:• Decommissioning of the MILF• Redeployment of the AFP• Disbandment of PAGs• Strengthening of the Bangsamoro Police for law enforcement
Annex on Normalization
On the socio-‐economic aspect• Socio-‐economic development programs for the Bangsamoro, with special focus on BIAF members, internally-‐displaced persons, and poverty-‐stricken communities
On the transitional justice aspect• Transitional Justice and Reconciliation Commission
4. The Bangsamoro will not have a separate police
• BBL: Art XI, Sec. 2. “There is hereby created a Bangsamoro Police which shall be organized, maintained, supervised, and utilized for the primary purpose of law enforcement and maintenance of peace and order in the Bangsamoro. It shall be part of the Philippine National Police.”
4. The Bangsamoro will not have a separate police
• BBL: Art. XI, Sec. 5. “There is hereby created a Bangsamoro Police Board, which shall perform the functions of the National Police Commission in the Bangsamoro. The board shall be part of the National Police Commission (NAPOLCOM)…”
Clarifications
• There is no automatic/wide-‐scale INTEGRATION of the MILF combatants to the PNP or the AFP– Not found in the signed documents– If they wish to apply, they will have to comply with the requirements set by the national PNP
• Disciplinary authority exercised by the Police Board does not remove the disciplining powers of other officials/agencies (e.g. Chief PNP, Provincial Director, Chief of Police, Regional Director, Ombudsman, Civil Service Commission, etc.)
Clarifications
• Hiring will still be conducted at the national level
• There is no religious test for membership in the Bangsamoro police
• The powers granted to the Chief Minister over the Bangsamoro police (operational supervision and control) are already exercised by the Mayors of cities and municipalities under the PNP Law (RA 6975, as amended by RA 8551)
5. The Bangsamoro will not have its own constitutional commissions
• Bangsamoro auditing body – internal audit already present in all government agencies, LGUs, etc (RA 3456, as amended by RA 4177).
• Bangsamoro electoral office is regional office of COMELEC
• Bangsamoro civil service body is similar to human resources office of other agencies
5. The Bangsamoro will not have its own constitutional commissions
• Bangsamoro human rights commission is existing in ARMM
• All without prejudice to the mandate of the constitutional bodies
6. The Bangsamoro will not receive 75B on its first year of operation
• Bangsamoro Transition Authority – P1B for its operations
• Special Development Fund – P7B for the first year, P 2B a year for the next 5 years
• Annual block grant – approximately 27 B for 2016
*all are government funds subject to audit rules
• The share of the Bangsamoro in the national internal revenue of the Government, which shall be sufficient for the exercise of the powers and functions of the Bangsamoro Government (Art. XII, Sec. 15)
• It shall be automatically appropriated to the Bangsamoro Government and reflected in the GAA (Art. XII, Sec. 17), and regularly released (Art. XII, Sec. 18)
Annual Block Grant
Net national internal revenue collection
of the BIR 4%
Internal revenue allotment of LGUs (40%)
LESS
Annual Block Grant
1) Revenues from additional taxes beyond those already devolved to the ARMM collected three years before
2) Share of the Bangsamoro in the governmentincome derived from the exploration,development and utilization of natural resourcescollectedthree years before
Deductions from the annual block grants
This is without prejudice to the just share of the LGUs under the Bangsamoro.
2015Actual
2016Projected
1. Existing in the ARMMa. Subsidy to the ARMM in the General Appropriations Act
24.3 27.0 (Block Grant)
b. IRA of Local Government Units in the ARMM 18.0 20.0c. Spending of National Government Agencies in the ARMM (PNP, CCT, DPWH and other agencies)
Will continue to be budgeted and spent by National Agencies as these have not
been devolved2. Incremental Spending in the Proposed BBL
a. Special Development Fund for the Rehabilitation, Reconstruction, and Development
-‐-‐ 7.0
b. BTA Transition Fund 1.0c. Normalization Fund in Different Line Agencies (DA, DepEd, TESDA, PhilHealth, DOH, CHED, and DSWD) for ex-‐ combatants
3.0 4.0
Some computations
7. The Bangsamoro will not be an Islamic state
• The Bangsamoro is the secular autonomous government mandated in the Constitution
• Shari’ah applies only to Muslims, and shall be consistent with our Constitution and the international obligations of the Philippines
• Form of government and its policies are expected to respond to the diversity of the peoples and sectors within the region
Bangsamoro Justice System
Shari’ahCourts
Traditional / Tribal Justice
SystemLocal Courts Alternative
Dispute Resolution
2727
END