HB 5811 and SB 2894:
Where is the Bangsamoro in the
BLBAR of Congress?
Out of 242 SECTIONS
HB 5811
• AMENDED 215 Sections
– 8 Sections DELETED
• Plus, 4 NEW Sections
• 219 Sections (90.5%)
– LESS: minor changes (29)
– LESS: on nomenclatures
(79)
– ADD: amended in other
Sections (3)
• TOTAL: 114 Sections
(47%) AMENDED
ADD: nomenclatures 80%
SB 2894
• AMENDED 229 Sections
– 38 Sections DELETED
• Plus, 12 NEW Sections
• 241 Sections (99.5%)
– LESS: minor changes (4)
– LESS: on nomenclatures
(54)
– ADD: amended in other
Sections (2)
• TOTAL: 185 Sections
(76%) AMENDED
ADD: nomenclatures 99%
BASIC PREMISES
RIGHT to SELF-DETERMINATION
“Underlying the CAB is the
recognition of the justness
and legitimacy of the cause
of the Bangsamoro people
and their aspiration to chart
their political future through
a democratic process that
will secure their identity and
posterity and allow for
meaningful self- governance”
Par. 3, CAB
BASIC PREMISES
RIGHT to SELF-DETERMINATION
GPH – MILF
Peace Talks
17 years of
negotiations
The GPH will not bring up
the Constitution &
the MILF will refrain from
raising independence
as an agenda
Single agenda on how to
resolve the
Bangsamoro
Question
CAB
The CAB encapsulates
the minimum
Bangsamoro
Basic Law
The proposed BBL reflects
the CAB & is a mutually
agreed version
acceptable
expression of RSD As a social justice
for the Bangsamoro
The CAB builds on
previous
agreements
legislation, the BBL was
drafted & should be
interpreted within the
flexibilities of the
Constitution
After enactment &
ratification, the BBL shall
become national law
BASIC PREMISES
RIGHT to SELF-DETERMINATION
3
Bangsamoro
Question
Recognition of
BANGSAMORO IDENTITY
Addressing
HISTORICAL INJUSTICE &
BANGSAMORO
MARGINALIZATION
CAB
STATUS QUO
IS
UNACCEPTABL
CHANGE IN STRUCTURE
E
1
ensure
compliance
•
•
POWER
SHARING
•
Addressing the challenge of
“GOBERNO A SARWANG” &
BANGSAMORO ALIENATION
ARM
M
Bangsamoro Government –
Central Government
Bangsamoro Government –
Local Government Units
Within the Bangsamoro
not just devolution GENUINE AUTONOMY
“CATCH – UP”
SOCIAL JUSTICE
to address the
LEGITIMATE GRIEVANCES
ADDRESS CHALLENGES
2
“failed
experiment”
taking lessons from our
“autonomy experimentation”
NOTHING LESS
THAN ARMM
political
autonomy
fiscal
autonomy
benchmar
k
RA 9054
etc
FRAMEWORK: POWER SHARING
• Reserved powers are
powers or matters over which
authority and jurisdiction are
retained by the Central
Government
• Exclusive powers are
powers or matters over which
authority and jurisdiction pertain
to the Bangsamoro Government
RESERVED
POWERS
EXCLUSIVE
POWERS
• Concurrent powers refer
to shared powers between the
Central Government and the
Bangsamoro Government
CONCURRENT
POWERS
Article V on Powers of Government
HB 5811
• 53 amendments
– LESS: minor changes &
nomenclature (27)
– ADD: amendment found
elsewhere (18)
SB 2894
• 78 amendments
– LESS: minor changes &
nomenclature (11)
– ADD: amendment found
elsewhere (9)
• TOTAL: 44 powers out
of 100 AMENDED
• TOTAL: 76 powers out
of 100 AMENDED
• AMENDED 36% of
EXCLUSIVE powers
• AMENDED 58% of
EXCLUSIVE powers
• With 20 EXCLUSIVE
powers were either
MOVED or DELETED
INCREASED Reserved Powers
• EXPANDED powers now include: internal
security; and banking
• INCREASED powers on: customs & tariff; and
common market & global trade, as regards
economic agreements
• ADDED residual powers
INCREASED Reserved Powers
HB 5811:
• ADDED powers of the Ombudsman
SB 2894:
• CHANGED “foreign affairs” to “foreign policy”
• ADDED free ports; and banks & non-banks
financial institutions under BSP
REDUCED Concurrent Powers of BG
• REDUCED powers on Public Order & Safety
– DELETED “Primary responsibility” of the BG
• REDUCED powers on Auditing
– HB 5811: REPLACED “auditing” with “internal
auditing”
– SB 2894: CHANGED to “COA shall establish an
auditing unit”
• REDUCED powers on Civil Service
– HB 5811: ADDED “The Civil Service Office will be
monitored, regulated, and supervised by the CSC”
– SB 2894: ADDED “subject to the minimum standards
and guidelines prescribed by the CSC”; DELETED
power to enact a Civil Service Code
REDUCED Concurrent Powers of BG
• REDUCED powers over human rights and
humanitarian protection & promotion; and
administration of justice
– HB 5811: AMENDED elsewhere; SB 2894:
ADDED “Subject to the provisions of the 1987
Philippine Constitution (and national laws)”
• REDUCED powers over funding for the
maintenance of national roads, bridges, and
irrigation systems; and disaster reduction and
management
REDUCED Concurrent Powers of BG
SB 2894:
• REDUCED powers over social security &
pensions; quarantine; pollution control;
coastguard; and customs & tariff
• DELETED penology & penitentiary; and land
registration
REDUCED Exclusive Powers
• local administration,
municipal corporations, &
other local authorities
including the creation of
local governments
• public administration and
bureaucracy
• special development
programs and laws
• general welfare
• budgeting
• creation of sources of
revenue
• loans, credits, and other
forms of indebtedness
• financial & banking
system (including Islamic
banking)
• power generation,
transmission and
distribution
REDUCED Exclusive Powers
• protection of IPs
• ancestral domain &
natural resources
• inland waters
• fishery, marine and
aquatic resources
• environment, parks,
forest management,
wildlife, nature reserves
& conservation*
• water supplies and
services, flood control
and irrigation systems
• public works and
highways
• Shari’ah courts and
Shari’ah justice system
• customary laws
• customary justice
• Hisbah office for
accountability
REDUCED Exclusive Powers
HB 5811
• grants & donations
• labor, employment &
occupation
SB 2894
• free ports
• economic zones and
industrial centers
• cadastral land survey
• land management, land
distribution, agricultural
land use reclassification
• expropriation and
eminent domain
• health
• registration of births,
marriages, & deaths
REDUCED Exclusive Powers
SB 2894
• barter trade &
countertrade;
• business names;
• public utilities;
• human resources
• science & technology
• research & scholarships
• libraries, museums, etc.
REDUCED Exclusive Powers Already
Devolved to ARMM
• REDUCED foreign investments
• REDUCED grant leases, permits, and licenses over
agricultural lands and for forest management
• HB 5811: REDUCED proclaim state of calamity; enact
legislation on recall; representation in Board of SUCs
• SB 2894: REDUCED establish and operate pioneering
public utilities; supervise and regulate private schools
• SB 2894: DELETED private-owned public utility or
business; traditional possession of lands; urban land
reform and land use; augment any budget item
Framework: Power Sharing
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
RESERVED
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
INCREASED Reserved Powers
CHANGED to “NATIONAL
defense, and NATIONAL security”
CHANGED to “NATIONAL
defense, and INTERNAL AND
external security”
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
INCREASED Reserved Powers
CHANGED to “BANKING, coinage
and monetary policy”
CHANGED to “currency and
policy direction in the areas of
money, CREDIT AND BANKING”
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
INCREASED Reserved Powers
AMENDED under cited provision:
customs & tariff
AMENDED under cited provision:
customs & tariff
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
INCREASED Reserved Powers
AMENDED under cited provision:
common market & global trade,
which includes economic
agreements
AMENDED under cited provision:
common market & global trade,
which includes economic
agreements
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
INCREASED Reserved Powers
ADDED residual powers
RESERVED
POWERS
HB 5811
ADDED residual powers
EXCLUSIVE
POWERS
CONCURRENT
POWERS
RESERVED
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
INCREASED Reserved Powers
CHANGED to “foreign POLICY”
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
RESERVED
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
INCREASED Reserved Powers
ADDED free ports; and banks &
non-banks financial institutions
under BSP
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
RESERVED
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
INCREASED Reserved Powers
ADDED “powers of the
Ombudsman”
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
RESERVED
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Concurrent Powers of BG
AMENDED elsewhere: disaster
risk reduction & management
DELETED primary jurisdiction,
cooperation & coordination in
disaster management
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Concurrent Powers of BG
CHANGED to “joint responsibility
with the National Government
over public order & safety”
CHANGED to “PNP shall have
primary responsibility over
public order & safety”
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Concurrent Powers of BG
REPLACED “auditing” with
“internal auditing”
RESERVED
POWERS
HB 5811
CHANGED to “COA shall establish
an auditing unit”
EXCLUSIVE
POWERS
CONCURRENT
POWERS
RESERVED
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Concurrent Powers of BG
ADDED “The Civil Service Office
will be monitored, regulated, and
supervised by the CSC”
ADDED “subject to the minimum
standards and guidelines
prescribed by the CSC”
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Concurrent Powers of BG
DELETED penology &
penitentiary; and land
registration
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
RESERVED
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Concurrent Powers of BG
AMENDED elsewhere: human rights
and humanitarian protection &
promotion; and administration of
justice
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
RESERVED
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Exclusive Powers
REDUCED local administration,
municipal corporations, & other local
authorities including the creation of
local governments
REDUCED local administration,
municipal corporations, & other local
authorities including the creation of
local governments
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Exclusive Powers
AMENDED elsewhere: public
administration and bureaucracy
AMENDED elsewhere: public
administration and bureaucracy
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Exclusive Powers
REDUCED special development
programs and laws
MOVED special development
programs and laws to concurrent
powers
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Exclusive Powers
AMENDED elsewhere: general
welfare
AMENDED elsewhere: general
welfare
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Exclusive Powers
AMENDED under cited provision:
budgeting
AMENDED elsewhere: budgeting
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Exclusive Powers
AMENDED elsewhere: creation
of sources of revenue
AMENDED elsewhere: creation
of sources of revenue
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Exclusive Powers
REDUCED loans, credits, and
other forms of indebtedness
DELETED loans & credits, and
other forms of indebtedness
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Exclusive Powers
AMENDED elsewhere: financial
& banking system
MOVED financial & banking system
to reserved powers; (Islamic
banking to concurrent powers)
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Exclusive Powers
AMENDED power generation,
transmission and distribution
AMENDED power generation,
transmission and distribution
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Exclusive Powers
AMENDED elsewhere: inland
waters
DELETED inland waters
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Exclusive Powers
AMENDED elsewhere: fishery,
marine and aquatic resources
REDUCED fishery, marine &
aquatic resources
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Exclusive Powers
AMENDED elsewhere: water
supplies and services, flood
control and irrigation systems
DELETED water supplies &
services, flood control and
irrigation systems
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Exclusive Powers
AMENDED elsewhere: public
works and highways
AMENDED elsewhere: public
works and highways
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Exclusive Powers
MOVED protection of IPs from
exclusive to concurrent powers
AMENDED elsewhere: protection
of IPs
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Exclusive Powers
AMENDED elsewhere: ancestral
domain & natural resources
AMENDED elsewhere: protection
of IPs
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Exclusive Powers
AMENDED elsewhere: environment,
parks, forest management, wildlife,
nature reserves & conservation
MOVED environment, parks, forest
management, wildlife, nature
reserves & conservation to
concurrent powers
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Exclusive Powers
AMENDED elsewhere: Shari’ah
courts and Shari’ah justice
system
REDUCED Shari’ah courts and
Shari’ah justice system
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Exclusive Powers
AMENDED elsewhere: customary
laws
AMENDED elsewhere: customary
laws
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Exclusive Powers
AMENDED elsewhere: customary
justice
AMENDED elsewhere: customary
justice
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Exclusive Powers
AMENDED elsewhere: Hisbah
office for accountability
AMENDED elsewhere: Hisbah
office for accountability
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Exclusive Powers
REDUCED grants & donations
AMENDED elsewhere: labor,
employment & occupation
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
RESERVED
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Exclusive Powers
MOVED free ports to reserved
powers
MOVED cadastral land survey to
concurrent powers
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
RESERVED
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Exclusive Powers
DELETED land management,
distribution, etc.
REDUCED expropriation and
eminent domain
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
RESERVED
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Exclusive Powers
MOVED health to concurrent
powers
DELETED registration of births,
marriages, & deaths
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
RESERVED
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Exclusive Powers
REDUCED barter trade &
countertrade; business names;
public utilities; and human
resources
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
RESERVED
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
REDUCED Exclusive Powers
MOVED science & technology;
research & scholarships; and
libraries, museums, etc. to
concurrent powers
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
RESERVED
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
Exclusive Powers already devolved to ARMM
REDUCED foreign investments
REDUCED foreign investments
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
Exclusive Powers already devolved to ARMM
REDUCED grant leases, permits, and
licenses over agricultural lands and
for forest management
REDUCED grant leases, permits, and
licenses over agricultural lands and
for forest management
RESERVED
POWERS
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
Exclusive Powers already devolved to ARMM
REDUCED proclaim state of
calamity; enact legislation on recall;
representation in Board of SUCs
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
RESERVED
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
Exclusive Powers already devolved to ARMM
REDUCED establish and operate
pioneering public utilities; supervise
and regulate private schools
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
RESERVED
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
Exclusive Powers already devolved to ARMM
DELETED private-owned public utility or
business; traditional possession of
lands; urban land reform and land use;
augment any budget item
RESERVED
POWERS
HB 5811
EXCLUSIVE
POWERS
CONCURRENT
POWERS
RESERVED
POWERS
EXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
CHANGED Framework: Power Sharing
RESIDUAL POWERS
RESIDUAL POWERS
“all other powers not granted to the
Bangsamoro Government by this Basic
Law”
RESERVED
POWERS
EXCLUSIVE
POWERS
“all other powers, functions and
responsibilities not granted by the 1987
Philippine Constitution or by law to the
autonomous regions”
RESERVED
POWERS
EXCLUSIVE
POWERS
DELETED
HB 5811
CONCURRENT
POWERS
2 concurrent powers
10 exclusive powers
CONCURRENT
POWERS
SB 2894
CHANGED Framework: Power Sharing
RESIDUAL POWERS
RESIDUAL POWERS
“all other powers not granted to the
Bangsamoro Government by this Basic
Law”
RESERVED
POWERS
EXCLUSIVE
POWERS
“all other powers, functions and
responsibilities not granted by the 1987
Philippine Constitution or by law to the
autonomous regions”
RESERVED
POWERS
EXCLUSIVE
POWERS
DELETED
HB 5811
CONCURRENT
POWERS
2 concurrent powers
10 exclusive powers
CONCURRENT
POWERS
SB 2894
CHANGED Framework: Power Sharing
• REDEFINED reserved powers
as those “retained exclusively”
by the Central Government
• ADDED “All other powers not
granted to the Bangsamoro
Government by this Basic
Law” as reserved powers
HB 5811
• ADDED “all other powers,
functions and responsibilities
not granted by the 1987
Philippine Constitution or by
law to the autonomous
regions” as reserved powers
• CHANGED “cooperate &
coordinate through the IGR
mechanism” to “cooperate
with and assist the National
Government” in concurrent
powers
• REDEFINED exclusive powers:
devolved powers; subject to
the Constitution and national
laws; without prejudice to the
general supervision of the
President
SB 2894
CHANGED Framework: Power Sharing
RESERVED
POWERS
HB 5811
NO real
exclusiv
e
powersEXCLUSIVE
POWERS
CONCURRENT
POWERS
RESERVED
POWERS
NO real
concurrent
powers
NO real
exclusiv
e
powersEXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
CHANGED Framework: Power Sharing
Delineation of
powers NOT
clear
RESERVED
POWERS
HB 5811
NO real
exclusiv
e
powersEXCLUSIVE
POWERS
CONCURRENT
POWERS
RESERVED
POWERS
NO real
concurrent
powers
NO real
exclusiv
e
powersEXCLUSIVE
POWERS
CONCURRENT
POWERS
SB 2894
CHANGE in FRAMEWORK
• REDEFINED asymmetric relationship within
– the framework of the Constitution
– the national sovereignty; and
– territorial integrity of the Philippines
• On PARITY OF ESTEEM
– HB 5811: DELETED parity of esteem
– SB 2894: REDEFINED parity of esteem
• DELETED self-determination
• REDEFINED self-governance
– SB 2894: ADDED “within its territorial geographical area
and subject to the provisions of the 1987 Philippine
Constitution and NATIONAL LAWS” without distinction
CHANGE in FRAMEWORK
• The Bangsamoro is now just like any other
LOCAL GOVERNMENT UNIT
– CHANGE in NOMENCLATURES
•
•
•
•
NATIONAL Government
Bangsamoro AUTONOMOUS REGION
GEOGRAPHICAL AREA, not territory
SB 2894: Bangsamoro REGIONAL Government
– SB 2894: DELETED PREAMBLE: now an ordinary
legislation and not a Basic Law
– SB 2894: CHANGED “political entity” to “political
subdivision”
INTERGOVERNMENTAL RELATIONS
• REDUCED role of intergovernmental relations
• LIMITED Bangsamoro Participation in Central
Government
• DELETED IGR in relation to public order &
safety, national support services of the PNP,
and coordination re: movement of troops
HB 5811: INTERGOVERNMENTAL
RELATIONS
• DELETED role of Philippine CongressBangsamoro Parliament Forum in relation to
amendments on the BBL & as regards creation
of congressional districts
• REDUCED role of the IGFPB in the review of
the block grant formula
• ADDED
– Presidential Office for Bangsamoro Affairs
– Assistant Solicitor General for Bangsamoro Affairs
SB 2894: INTERGOVERNMENTAL
RELATIONS
• CHANGED “intergovernmental relations” to
“National Government and Bangsamoro Regional
Government relations “
• CHANGED “cooperate & coordinate” to
“cooperate with and assist the National
Government”
• DELETED “through the intergovernmental
mechanism”
• DELETED all other IGR bodies: Intergovernmental
Fiscal Policy Board; Bangsamoro Parliament –
Philippine Congress Forum
LOCAL GOVERNMENT UNITS
On the Bangsamoro Government and its Constituent Local
Government Units
• CHANGED “provinces, cities, municipalities, barangays, and
geographic areas” to “provinces, cities, municipalities and
barangays”
SB 2894
– DELETED “The authority to regulate on its own responsibility
the affairs of the local government units is guaranteed within
the limit of this Basic Law”
– CHANGED to “The powers, privileges and functions already
exercised and enjoyed by the local government units under
existing laws shall not in any way be diminished”
– DELETED “unless otherwise altered, modified or reformed for
good governance in accordance with a law to be enacted by the
Bangsamoro Parliament”
LOCAL GOVERNMENT UNITS
On the Bangsamoro Government and its
Constituent Local Government Units
SB 2894
• ADDED “The powers, functions, rights and
privileges already enjoyed by the municipalities
over their municipal waters as provided under RA
No. 7160 also known as the Local Government
Code of 1991, and RA No. 8550, otherwise known
as the Philippine Fisheries Code of the Philippines
shall not, in any manner, be prejudiced nor
diminished” in relation to the exclusive power on
fishery, marine and aquatic resources
LOCAL GOVERNMENT UNITS
On the Bangsamoro Government and its
Constituent Local Government Units
• ADDED “shall not be diminished” as regards
the LGU shares in the revenues derived from
the exploration, development and utilization
of natural resources
– SB 2894: ADDED “and shall be directly remitted
to them”; DELETED “The Bangsamoro Parliament
shall enact a law detailing the shares of such local
government units”
LOCAL GOVERNMENT UNITS
On Redistricting
HB 5811
• DELETED “geographic areas” in relation to the power of
the Bangsamoro Parliament to reconstitute
parliamentary districts
SB 2894
• DELETED “The Bangsamoro Parliament may by law
undertake new redistricting in order to ensure a more
equitable representation of the constituencies in the
Bangsamoro Parliament” in the provision regarding
District Seats in the Bangsamoro Parliament
• DELETED Section on Redistricting
LOCAL GOVERNMENT UNITS
On the Creation/Reconstitution of LGUs
• DELETED “provinces, cities”
– SB 2894: also DELETED “municipalities” such that the
Bangsamoro Government may create, divide, merge,
abolish or substantially alter boundaries only that of
barangays.
• DELETED role of the Philippine Congress – Bangsamoro
Parliament Forum
• SB 2894: DELETED “Subject to the criteria provided in
said law, the Bangsamoro Parliament may likewise
create appropriate local government units in the areas
inhabited predominantly by indigenous peoples”
LOCAL GOVERNMENT UNITS
On the Creation/Reconstitution of LGUs
• HB 5811: ADDED modes of transfer of LGU
and Congressional District membership of
municipalities and barangays
• SB 2894: DELETED Section on the
Reconstitution of Local Government Units
HB 5811: BANGSAMORO
PARLIAMENT
WALI
More than 1
Deputy
SPEAKER
Speaker
50%
PARTY
40%
DEPUTY
SPEAKER
general
supervision
CHIEF MINISTER
Deleted
limitation on
run-off election
2 Deputy
10%
OTHER
OFFICERS
DEPUTY
CHIEF MINISTER
Chief
Ministers
DEPUTY
CHIEF MINISTER
BANGSAMORO
PARLIAMENT
• 2 non-Moro IPs
RESERVED • 2 settler
communities
• 1 women
• least represented
sector
OTHER MINISTERS
PRESIDENT
DISTRICT
BANGSAMORO
CABINET
Reserved
Seat for the
YOUTH
No clear provision
on the Bangsamoro
Cabinet
HB 5811: BANGSAMORO
PARLIAMENT
Deleted
ALL
provisions
on the WALI
✗
WALI
Reduced
More than 1
Deputy
SPEAKER
Speaker
50%
PARTY
40%
DEPUTY
SPEAKER
general
supervision
Dissolve
Parliamen
t
Call for a
new
parliamen
tary
election
DISTRICT
CHIEF MINISTER
Deleted
limitation on
run-off election
2 Deputy
10%
OTHER
OFFICERS
DEPUTY
CHIEF MINISTER
Chief
Ministers
DEPUTY
CHIEF MINISTER
BANGSAMORO
PARLIAMENT
• 2 non-Moro IPs
RESERVED • 2 settler
communities
• 1 women
• least represented
sector
OTHER MINISTERS
PRESIDENT
powers of
the
Bangsamoro
Parliament
BANGSAMORO
CABINET
Reserved
Seat for the
YOUTH
No clear provision
on the Bangsamoro
Cabinet
SB 2894: BANGSAMORO
PARLIAMENT
50%
SPEAKER
PARTY
WALI
40%
DEPUTY
SPEAKER
general
supervision
CHIEF MINISTER
10%
OTHER
OFFICERS
DEPUTY
CHIEF MINISTER
BANGSAMORO
PARLIAMENT
• 2 non-Moro IPs
RESERVED • 2 settler
communities
• 1 women
• least represented
sector
OTHER MINISTERS
PRESIDENT
DISTRICT
8
40
BANGSAMORO
CABINET
SB 2894: BANGSAMORO
PARLIAMENT
50%
SPEAKER
PARTY
WALI
40%
DEPUTY
SPEAKER
general
supervision
CHIEF MINISTER
Changed to
“elected by a
majority vote
of the
Members of
Parliament”
10%
OTHER
OFFICERS
DEPUTY
CHIEF MINISTER
BANGSAMORO
PARLIAMENT
at least
2 each
• 2 non-Moro IPs
RESERVED • 2 settler
communities
• 1 women
• least represented
sector
OTHER MINISTERS
PRESIDENT
DISTRICT
8
40
labor, youth,
sultanates
BANGSAMORO
CABINET
SB 2894: BANGSAMORO
PARLIAMENT
Deleted
ALL
provisions
on the WALI
✗
Reduced
50%
SPEAKER
PARTY
WALI
40%
DEPUTY
SPEAKER
general
supervision
administer
oath
“consisten
t with xxx
Constituti
on”
“w/o
CHIEF MINISTER
Changed to
“elected by a
majority vote
of the
Members of
Parliament”
10%
OTHER
OFFICERS
DEPUTY
CHIEF MINISTER
BANGSAMORO
PARLIAMENT
8
40
at least
2 each
• 2 non-Moro IPs
RESERVED • 2 settler
communities
• 1 women
• least represented
sector
OTHER MINISTERS
PRESIDENT
DISTRICT
powers of
the
Bangsamoro
Parliament
labor, youth,
sultanates
BANGSAMORO
CABINET
ELECTORAL SYSTEM
HB 5811
• Unclear role of BG in the
adoption of an electoral
system
• Bangsamoro Electoral Code
no longer a priority
legislation; not a factor in
the promulgation of rules
for regular elections
• REDUCED powers and
functions of the
Bangsamoro Electoral
Office, which is now a mere
regional office of the
COMELEC
SB 2894
• DELETED Bangsamoro
Electoral Code
Central
Government
✗
On Fiscal Autonomy
✗
Fund
transfers,
including just
share in taxes
& wealth
Power to
create own
sources of
revenues
example:
BLOCK GRANT
Power to
allocate and
utilize funds
Without the power to
create own sources of
funds, plus the power
to allocate and utilize
the same, fund
transfers will only
further ensure
dependence on the
Central Government
FISCAL AUTONOMY
Power to allocate and utilize funds
• REDUCED budgeting powers
– HB 5811: ADDED “All other aspects of budgeting
particularly on budget execution and
accountability shall be in accordance with national
budgeting laws, rules and regulations”; DELETED
power of the Bangsamoro Parliament re:
prescribing form, content, and manner of budget
preparation
– SB 2894: DELETED power to augment any item in
the Bangsamoro GAA from savings in other items
FISCAL AUTONOMY
Power to allocate and utilize funds
• REDUCED auditing powers
– HB 5811: REPLACED “auditing” with “internal
auditing”; CHANGED “public funds utilized by the
Bangsamoro” to “revenues and other funds generated
within or by the region from external sources”
– SB 2894: CHANGED to “the COA shall establish an
auditing unit in the Bangsamoro Autonomous
Region”; DELETED Section on Auditing under Article XI
on Fiscal Autonomy
FISCAL AUTONOMY
Power to create own sources of revenue
• Taxation & tax incentives –
– HB 5811: ADDED “where the majority business
income are derived from Bangsamoro Autonomous
Region”; DELETED “including those granted to the
RBOI of the ARMM. As part of incentives to investors,
the Bangsamoro may opt instead to impose a flat rate
lump sum tax on SMEs”
– SB 2894: DELETED IGR to determine modalities for
the collection and remittance of national taxes;
ADDED “Provided That any grant of exemption in the
form of rebate or refund shall be funded from the
Bangsamoro Autonomous Region funds or budget.”
FISCAL AUTONOMY
Power to create own sources of revenue
• Loans & credits – ADDED reference to the
Constitution
– HB 5811: DELETED “except those requiring
sovereign guaranty, which require Central
Government approval”; and REPLACED with “in
accordance with the Constitution”
– SB 2894: DELETED exclusive power on loans,
credits, and other forms of indebtedness; ADDED
requirement of prior concurrence by the
Monetary Board
FISCAL AUTONOMY
Power to create own sources of revenue
• Grants & donations: ADDED “except grants
and donations from foreign governments
which require the concurrence of the National
Government” to the exclusive power on
grants & donations (HB 5811)
• Revenues from GOCCs – DELETED provisions
on GOCCs (SB2894)
FISCAL AUTONOMY
Power to create own sources of revenue
• Bills, bonds, notes, debentures and obligations:
ADDED “subject to the rules and regulations of
the BSP and the SEC”
• Overseas Development Assistance: CHANGED
“may avail directly of ODA. The Bangsamoro
Parliament may enact legislation governing ODA”
to “may avail international assistance in
accordance with the ODA law”
• Economic Agreements: CHANGED “subject to the
reserved powers of the CG over foreign affairs” to
“subject to the approval of the NG”
FISCAL AUTONOMY
Power to create own sources of revenue
• Foreign Investments: ADDED “subject to the
provisions of the (1987 Philippine)
Constitution”
– HB 5811: DELETED “The Central Government
may intervene in such matters only if national
security is involved”
– SB 2894: DELETED “only if”
FISCAL AUTONOMY
Power to create own sources of revenue
• Transportation & Communications:
– SB 2894: DELETED proviso on the
intergovernmental relations body on
transportation and communications; DELETED
proviso on revenues derived from transportation
and communications
FISCAL AUTONOMY
Fund transfers
• Annual Block Grant - DELETED “Any unspent
amount in the current year’s block grant shall
revert to the Bangsamoro general fund for reappropriation”
– HB 5811 - REDUCED role of Bangsamoro in
formula review
– SB 2894 - DELETED proviso re: adjustment of
formula; DELETED role of IGR; CHANGED formula
for deductions to the block grant; DELETED IGR &
REDUCED role of Bangsamoro in formula review
FISCAL AUTONOMY
Fund transfers
• Share in Taxes - ADDED “The share in taxes,
fees, and charges provided under this section
are separate and distinct from the annual
block grant”
– SB 2894 - DELETED proviso on 10-year period of
retention by the BG of the 25% CG share
FISCAL AUTONOMY
Fund transfers
• Share in EDU - ADDED “The existing shares of the local
government unit being received shall not be
diminished”
– HB 5811 – CHANGED “revenues” to “Bangsamoro
revenues” as regards share of IPs in EDU
– SB 2894 - CHANGED to “shall pertain fully to its local
government units”; ADDED “and to its constituent local
government units”; DELETED “land mass that comprise xxx
as well as the waters that are within the territorial
jurisdiction of the Bangsamoro” ; ADDED reference to LGC
& DELETED power of Bangsamoro Parliament to enact a
law as regards LGU share; ADDED reference to IPRA as
regards share of IPs in EDU
✗
FISCAL AUTONOMY
✗
Fund
transfers,
including just
share in taxes
& wealth
✗
Power to
create own
sources of
revenues
Power to
allocate and
utilize funds
NATURAL RESOURCES
• ADDED “in accordance with the Constitution and
the pertinent provisions of this Basic Law”
– SB 2894: Plus “responsible mining policies”
• CHANGED “right to explore, develop and utilize”
to “right to the control and supervision over the
exploration, utilization, development, and
protection”
• DELETED “the natural resources, including
surface and sub-surface rights, inland waters,
coastal waters, and renewable and nonrenewable resources”
NATURAL RESOURCES
Central
Government
• ADDED “strategic minerals such as uranium,
petroleum, and other fossil fuels, mineral oils,
and all sources of potential energy”
• ADDED “the Bangsamoro (Regional)
Government shall be consulted”
• DELETED Section 10 on the Exploration,
Development, and Utilization of Fossil Fuels
and Uranium
petroleum,
natural gas, and
coal
NATURAL RESOURCES
• DELETED “Nature Reserves and Protected Areas”
– DELETED “The protection, conservation,
rehabilitation, and development of forests, coastal,
and marine resources, including the adoption of
programs and projects to ensure the maintenance of
ecological balance, shall be given priority”
– DELETED “The Bangsamoro Government shall also
have the power to declare nature reserves and
aquatic parks, forests, watershed reservations and
other protected areas in the Bangsamoro”
ENERGY
Bangsamoro
Government
JOINT
• HB 5811: REPLACED “When xxx connected to
the national transmission grid” with “When xxx
connected to the Mindanao grid”
– RETAINED “shall be able to interconnect and sell
power over the national transmission grid”
• SB 2894: REPLACED “transmission” with “the
island-grid ”
– DELETED “xxx to interconnect and sell power over the
national transmission grid to electric consumers”
– DELETED “xxx assist electric cooperatives”
– CHANGED to “any connection to the national grid
shall subject the power generation, island-grid and
distribution to national laws and regulations”
SB 2894: ENERGY
• CHANGED to “any connection to the national grid
shall subject the power generation, island-grid
and distribution to national laws and regulations”
– DELETED “cooperate and coordinate through the
intergovernmental relations mechanism”
• ADDED “the currently existing Agus Hydro Power
Complex remain to be regulated by the National
Government”
• ADDED “xxx and/or any power generation
utilities that may hereafter be established”
TERRITORY
• CHANGED “territory” to “geographical area”
• REDEFINED territory: land mass and waters
– DELETED “maritime, terrestrial, fluvial and alluvial
domains, and the aerial domain”
• DELETED all reference to a “core territory”
SB 2894: TERRITORY
• DELETED INLAND WATERS from the Articles on
Territory, Powers of Government (exclusive
powers), and Economy and Patrimony
• CHANGED “Bangsamoro Waters” to “Bangsamoro
Autonomous Region Waters”
• DELETED “Bangsamoro Waters shall form part of
the Bangsamoro”
• DELETED provisions on Zones of Joint
Cooperation; Joint Body for the Zones of Joint
Cooperation; and other related provisions
TERRITORY
• CHANGED “areas” in the 1st plebiscite to “cities and
provinces” (1st PLEBISCITE)
HB 5811
1ST PLEBISCITE
• CHANGED “petition of at least
10% of the registered voters in
the area” to “petition of at least
ten percent 10% of the registered
voters in the areas affected”
SUCCEEDING PLEBISCITES
• contiguous AND within area of
autonomy
• Double majority requirement, i.e.
includes larger LGU
• 5th and 10th year only
SB 2894
1ST PLEBISCITE
• DELETED 6 municipalities of
Lanao del Norte and 39 barangays
of North Cotabato
SUCCEEDING PLEBISCITES
• DELETED opt-in
Even if the “opt-in” provision is not included in the final
version of the bill, provinces who wish to join the future
Bangsamoro may still do so, he said.
“Yung opt-in in particular, meron tayong mga
mechanisms in place, that—at some point in time may
probinsiya na gustong sumama to a particular region.
Currently, all it takes is an executive order, as what we
did with Negros, and what was done before my time in
several instances. For instance, ‘yung creation ‘nung
Region IV-B.”
Region IV-B is an
administrative region
Senate president: No to optin provision of BBL
Senate, House set to remove
Bangsamoro bill’s opt-in clause
Pnoy offers solution to ‘scrapped’
opt-in provision in BBL
Mere EO can expand
Bangsamoro - PNoy
“The Congress shall enact an organic act for each
autonomous region xxx 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.” [Art. X, §18, 1987 Constitution]
OPT-IN: Creeping Expansion?
ARMM
OPT-IN (R. Rodriguez)
OPT-IN (R. Zamora)
5
2
8
7
15
14
PROVINCES
CITIES
PROVINCES
CITIES
PROVINCES
CITIES
Basilan
Lanao del Sur
Maguindanao
Sulu
Tawi-tawi
Lamitan
Marawi
Basilan
Cotabato
Lanao del Sur
Lanao del Norte
Maguindanao
Sulu
Tawi-tawi
Sultan Kudarat
Cotabato
Iligan
Isabela
Kidapawan
Lamitan
Marawi
Tacurong
Basilan
Cotabato
Davao del Sur
Lanao del Norte
Lanao del Sur
Maguindanao
Palawan
Sarangani
South Cotabato
Sultan Kudarat
Sulu
Tawi-tawi
Zamboanga del
Norte
Zamboanga del Sur
Zamboanga Sigugay
Cotabato Isabela
Dapitan
Digos
Dipolog
General Santos
Iligan
Kidapawan
Koronadal
Lamitan Marawi
Pagadian
Puerto Prinsesa
Tacurong
Zamboanga
Why Core Territory? Why OPT-IN?
SHARI’AH JUSTICE SYSTEM
HB 5811
• ADDED “property”
• ADDED “subject to
judicial review by the
Supreme Court”
HB 5811 / SB 2894:
• CHANGED “Muslim” to
“subject of the Shari’ah
Court System”
SB 2894
• DELETED “and other civil
law matters, commercial
law, and criminal law”
• DELETED provisions on
the Shari’ah High Court
• DELETED Shari’ah Judicial
and Bar Council,
Consultant to the Judicial
and Bar Council
SB 2894: NORMALIZATION
• DELETED Special Development Fund
• ADOPTED the DDR framework
• TIMELINE is different from the agreed frame
and timeline
• Parties now include the government in the
decommissioning
BASIC RIGHTS
VESTED PROPERTY RIGHTS
• ADDED “Titles secured under the torrens
system, and rights already vested under the
provisions of existing laws shall be respected
TRANSITIONAL JUSTICE
• CHANGED “to address the legitimate
grievances of the Bangsamoro people” to HB
5811: “the Bangsamoro people, including the
non-Moro indigenous peoples” SB 2894:
“the inhabitants in the Bangsamoro
Autonomous Region”
BASIC RIGHTS
Indigenous Peoples
• ADDED Indigenous Peoples Rights Act (IPRA)in
relation to the identification, delineation &
titling of ancestral domains, plus:
– HB 5811: non-Moro IP rights
– SB 2894: non derogation of non-Moro IP rights
under IPRA; share of indigenous communities in
the EDU of natural resources found in territories
covered by native title; and free and prior
informed consent
BASIC RIGHTS
Indigenous Peoples
• ADDED “non-Moro (IPs)” as to programs,
services, etc.: Ministry for Non-Moro Indigenous
Peoples; identification, delineation & titling of
ancestral domains; (traditional or) tribal justice
systems
– HB 5811: special development programs for nonMoro IPs; Non-Moro Indigenous Peoples Affairs
(Interim Cabinet);
– SB 2894: institute for a culture-based research,
training and development to preserve and develop
the indigenous knowledge, systems and practices of
non-Moro IPs
BASIC RIGHTS
Indigenous Peoples
• ADDED “non-Moro (IPs)” as to rights:
Declaration on the Rights of Non-Moro
Indigenous Peoples
– HB 5811: non-Moro IPs rights
– SB 2894: rights and interests of non-Moro IPs
over their ancestral domains/ancestral lands; plus,
non-derogation of the rights of non-Moro ICCs
under IPRA & related laws
HB 5811: Non-Moro
excludes Moro
IPs Rights
IP’s
• The Bangsamoro Government recognizes the rights of
the non-Moro indigenous peoples, and shall adopt
measures for the promotion and protection of their
rights
• native titles or fusaka inged
• indigenous customs &
traditions
• justice systems
• indigenous political structures
• equitable share in revenues
from the utilization of
resources in their ancestral
lands
• free and prior informed
consent
• political participation in the
Bangsamoro Government
including reserved seats for
non-Moro IPs in the
Bangsamoro Parliament
• basic services
• freedom of choice as to their
identity
SB 2894: Non-Moro IP’s Rights
• CHANGED “indigenous peoples” to
“indigenous peoples and other Non-Moro
inhabitants”
• CHANGED “right to freedom of choice as to
their identity” to “respect for their cultural
identity”
• ADDED “right to internal self-determination”
SB 2894: BANGSAMORO
IDENTITY
REDEFINED Bangsamoro People
• CHANGED to “Those who at the time of
conquest and colonization of the Philippines
by the Spaniards xxx”
• DELETED “Sulu archipelago and its adjacent
islands including Palawan”
• DELETED “and their descendants”; such that
“whether of mixed or of full blood” no longer
refers to descendants
SB 2894: BANGSAMORO
IDENTITY
REDEFINED Bangsamoro People
• ADDED “Provided, That the foregoing profess
the faith of Islam”
• DELETED “by ascription or self-ascription”
• CHANGED to “Spouses and their descendants,
at their option, shall also be part of
Bangsamoro Autonomous Region”
• ADDED “This provision shall not in any way
derogate from the provisions of Article IV of
the 1987 Philippine Constitution”
SB 2894: BANGSAMORO
IDENTITY
DELETED almost all, if not all, reference to
Bangsamoro people
• CHANGED “Bangsamoro people and other
inhabitants” to “inhabitants” in the provisions
wherein the former phrase was used
• Note change from “Bangsamoro” to
“Bangsamoro Autonomous Region” or
“Bangsamoro Regional Government” even in
instances wherein “Bangsamoro” is used in the
context of identity
✗
Bangsamoro
RIGHT to SELF-DETERMINATION
3
Question
Recognition of
BANGSAMORO IDENTITY
?
Addressing
HISTORICAL INJUSTICE &
BANGSAMORO
MARGINALIZATION
?
SOCIAL JUSTICE
to address the
LEGITIMATE GRIEVANCES
?
?
Addressing the challenge of
“GOBERNO A SARWANG” &
BANGSAMORO ALIENATION
CAB
1
ensure
compliance
STATUS QUO
IS
NOUNACCEPTABL
CHANGE IN STRUCTURE
E
•
•
✗ POWER
•
ARM
M
Bangsamoro Government –
Central Government
Bangsamoro Government –
Local Government Units
Within the Bangsamoro
SHARING
not just devolution GENUINE AUTONOMY
“CATCH – UP”
LGU
ADDRESS CHALLENGES
2
does NOT
address the
unacceptabl
e status quo
taking lessons from our
“autonomy experimentation”
NOTHING LESS
THAN ARMM
political
autonomy
fiscal
autonomy
benchmar
k
RA 9054
etc
CAB VIOLATION/NON-COMPLIANCE
• Nomenclature:
Bangsamoro, territory,
Central Government
• Parity of esteem
• Asymmetric relationship
• Power sharing
• Territory
• Opt-in provision
– 1st plebiscite
– succeeding plebiscites
• IGR
• Electoral System
• Parliament: wali;
composition
• Transitional justice
• Vested property rights
• Priority legislations,
including Electoral Code
• Ancestral domain
• Energy
• Natural resources
(strategic minerals)
LESS THAN ARMM
• political subdivision,
under the category of
LGUs
• no plenary powers unlike
ARMM
• Power to create provinces
and cities
• Participation in National
Agencies
• auditing– ARMM has its
own regional auditors
• Power over the CSC and
primacy in disciplining its
employees
•
•
•
•
•
•
Auditing
Tax incentives
Income tax from banks
Loans & credit
Economic agreements
IPRA applies to
Bangsamoro
• Ancestral domain &
ancestral lands
• No longer an
independent Human
Rights Commission
On the BANGSAMORO QUESTION
The amendments would not help resolve the
Bangsamoro Question
• Territory and historical injustices
– Opt-in provision
– Transitional Justice provision
– Vested rights
• Political exclusion and patronage politics
– Electoral system
– Parliamentary System, including Wali
• Shari’ah Law
note number of
remaining SESSION
DAYS
WHERE ARE WE NOW?
SECOND READING
Period on
SPONSORSHIP and
DEBATE
Period on
AMENDMENTS
2 Types:
• Committee
Amendments
• Individual
Amendments
Approval of Bill on
SECOND READING
THIRD READING
FINAL FORM of the
Bill printed &
distributed 3 DAYS
prior to 3rd reading
Only the NAME &
TITLE of the Bill is
read
BICAMERAL
CONFERENCE
COMMITTEE
Calling a Conference
Composition of a
Conference
• Meet within 10
days after
composition
• Committee Chair,
Authors
Approved
• Becomes LAW
VETO
• Becomes LAW
by 2/3 VOTE of
each House
most unlikely
NOMINAL VOTING
• APPROVED by
affirmative vote
of majority of
members present
CONFERENCE
No Action
COMMITTEE REPORT
• Becomes LAW
• For
after 30 DAYS
consideration/approva
• NO “pocket
l of both Houses
veto”
• NO amendment
within 60 days
allowed
after
CONGRESS (PLENARY)
HoR
• Period of Interpellations
– Lack of QUORUM
– 20+ Representatives
remaining
• Period of Amendments
– Sponsorship
– Leadership position
– Possible amendments:
DELETE opt-in; inland waters
as a RESERVED POWER
– Vote on the Amendments
• Vote on the BBL
– NOT BLBAR
Senate
• Period of Interpellations
– Lack of QUORUM
– at least 8 Senators
• Period of Amendments
–
–
–
–
–
at least 13 Senators
Amendments???
Champion in the Senate?
Leadership position
Vote on Amendments
• Vote on the BBL
– NOT BLBAR
CONGRESS (BICAM)
• Limited to matters in disagreement between
the two chambers
• Similar amendments between SB 2894 and HB
5811, especially on major issues
• Convergence as to number of provisions
amended is quite high
• “Race to the bottom”
• Senate version is usually the version adopted
2 May
2016
TIMELINE
Plebiscite
for the BBL
Passage of the BBL
in Congress
SEPT
OCT
NOV
BTA is
established
SB 2894: 180 days
DEC
FEB
JAN
before
Mar 9
HB 5811: 120 days
Plenary DEADLI
BUDGET
NE
28 Sept
2015
3
session
days
BAN on
BUDGET
Deliberations
Election for the
Bangsamoro
Government by 2016
APR
2016
Elections
9 May
2016
2 months
Nov/Dec
midnight
appointments
Oct 2015
9
20
8
START
campaig
n
session
days
session
days
session
days
March
2016
ADJOUR
N
SESSION
SESSION
RESUME
3 Nov - 18 Dec
2015
19 Jan – 5 Feb
2016
22 May
2016
Filing of
Certificate
of
Candidacy
10 Oct
OTHER CHALLENGES
• Plebiscite
– LGU officials and 2016
– Information and misinformation
• Supreme Court
TRO ???
More cases to be
filed??
SC decisions are not
made in a vacuum
Petition in Intervention
– At least six (6) cases have been filed before the
Supreme Court
– A case for treason and sedition has been filed in
the RTC against both Panels, the PAPP, and BTC
Commissioners