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

• Number: Republic Act No. 11054
• Sections: 251

Preamble

PREAMBLE

Imploring the aid of Almighty God, in recognition of the aspirations of the Bangsamoro people and other inhabitants in the autonomous region in Muslim Mindanao to establish an enduring peace on the basis of justice, balanced society and asserting their right to conserve and develop their patrimony, reflective of their system of life as prescribed by their faith, in harmony with their customary laws, cultures and traditions, within the framework of the Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines, and the accepted principles of human rights, liberty, justice, democracy, and the norms and standards of international law. and affirming their distinct historical identity and birthright, to their ancestral homeland and their right to chart their political, future through a democratic process that will secure their identity and posterity, and allow genuine and meaningful self-governance, the Filipino people, by the act of the Congress of the Philippines, do hereby ordain and promulgate this Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao.

NAME AND PURPOSE

BANGSAMORO IDENTITY

TERRITORIAL JURISDICTION

GENERAL PRINCIPLES AND POLICIES

POWERS OF GOVERNMENT

INTERGOVERNMENTAL RELATIONS

BANGSAMORO GOVERNMENT

WALI

BASIC RIGHTS

BANGSAMORO JUSTICE SYSTEM

NATIONAL DEFENSE AND SECURITY, PUBLIC ORDER AND

SAFETY, AND COAST GUARD SERVICES

FISCAL AUTONOMY

REGIONAL ECONOMY AND PATRIMONY

REHABILITATION AND DEVELOPMENT

PLEBISCITE

BANGSAMORO TRANSITION AUTHORITY

AMENDMENTS, REVISIONS, REPEAL

FINAL PROVISIONS

Section 1 Short Title.

SECTION 1. Short Title. - This law shall be known as the "Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao."

Section 2 Nome.

SEC. 2. Nome. — The political entity under this Organic Law shall be known as the Bangsamoro Autonomous Region in Muslim Mindanao, hereinafter referred to as the "Bangsamoro Autonomous Region."

Section 3 Purpose.

SEC. 3. Purpose. - The purpose of this Organic 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 the aspirations of Muslim Filipinos and all indigenous cultural communities in the Bangsamoro Autonomous Region in Muslim Mindanao to secure their identity and posterity, allowing for meaningful self-governance within the framework of the Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines.

Section 4

SEC. 4. Bangsamoro Municipal and Regional Waters. -The municipal and regional waters of the Bangsamoro Autonomous Region shall extend up to fifteen (15) kilometers and nineteen (19) kilometers, respectively, from the low-water mark of the coasts that are part of the Bangsamoro territorial jurisdiction.

Where a constituent local government unit of the Bangsamoro Autonomous Region and an adjoining local government unit are so situated on 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 the constituent local government unit of the Bangsamoro Autonomous Region and an adjoining local government unit are so situated on opposite shores that there is more than thirty (30) kilometers but less than thirty-four (34) kilometers of waters between them, a line shall be drawn at the edge of the fifteen-kilometer municipal waters of the adjoining local government unit to demarcate it from the Bangsamoro waters.

Section 5 Constituent Units.

SEC. 5. Constituent Units. - The constituent units of the Bangsamoro Autonomous Region are the provinces, cities. municipalities, barangays, and geographical areas within its territorial jurisdiction.

Section 5-C ivilian- Government.

SEC. 5- Civilian- Government. - Governance in the Bangsamoro Autonomous Region shall be the responsibility of the duly elected civilian government. Civilian authority is, at all times, supreme over the military.

Section 6 Promotion of Unity.

SEC. 6. 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.

Section 7 Social Justice.

SEC. 7. Social Justice. - The Bangsamoro Government shall ensure every Filipino citizen in its territorial jurisdiction the provision of the basic necessities and equal opportunities in life. Social justice shall be promoted in all aspects of life and phases of development in the Bangsamoro Autonomous Region.

Section 8 International Treaties and Agreements.

SEC. 8. International Treaties and Agreements. - The Bangsamoro Government, shall respect and adhere to all international treaties and agreements binding upon the National Government.

Section 9 Rights of Non-Moro Indigenous Peoples.

SEC. 9. Rights of Non-Moro Indigenous Peoples. - The Bangsamoro Government shall recognize and promote the rights of non-Moro indigenous peoples within the framework of the Constitution and national laws.

Section 10 Freedom of Choice.

SEC. 10. Freedom of Choice. - The freedom of choice of all peoples within the Bangsamoro Autonomous Region shall be respected. Indigenous peoples shall have the freedom to retain their distinct indigenous and ethnic identity in addition to their Bangsamoro political identity. There shall be no discrimination on the basis of identity, religion, and ethnicity.

Section 11 Bangsamoro Participation in National Government.

SEC. 11. Bangsamoro Participation in National Government. - As far as practicable, the Bangsamoro Government shall be represented in the departments, offices, commissions, agencies and bureaus of the National Government that implement and enforce policies, programs, and projects of the National Government in the Bangsamoro Autonomous Region.

Section 12 Assistance to Other Bangsamoro Communities.

SEC. 12. Assistance to Other Bangsamoro Communities. - The National Government shall ensure the protection of the rights of the Bangsamoro people residing in communities outside the Bangsamoro Autonomous Region and undertake programs for their rehabilitation and development. The Bangsamoro Government, in coordination with the local government units where these communities are located and the appropriate national government agencies, shall provide assistance to enhance their economic, social, and cultural development.

Section 13 National Programs and Projects.

SEC. 13. National Programs and Projects. - National programs and projects such as the Pantawid Pamilyang Pilipino Program, Health Facility Enhancement Program, School Building Program, retained hospitals of the Department of Health, PhilHealth, social pension for senior citizens, and the Task Force Bangon Marawi shall continue to be funded by the National Government, without prejudice to the power of the Bangsamoro Government to provide for supplemental funding for such programs and projects.

Section 14 Disclosure.

SEC. 14. Disclosure. - Members of the Parliament shall, upon their assumption of office, make a full disclosure of their financial and business interests, including those of their spouses and children. They shall notify the Parliament of any potential conflict of interest that may arise from the filing of bills or resolutions of which they are authors.

Section 15 Prohibition Against Conflict of Interest.

SEC. 15. Prohibition Against Conflict of Interest. — The Chief Minister, Deputy Chief Ministers, members of the Cabinet, and members of the Parliament, during their term, shall not engage, directly or indirectly, in any business or commercial enterprise in the Bangsamoro Autonomous Region where there may be a conflict of interest in the exercise of their functions.

Section 16 Prohibited Business and Pecuniary Interest.

SEC. 16. Prohibited Business and Pecuniary Interest. -

(a) It shall be unlawful for the Chief Minister, Deputy Chief Ministers, members of the Cabinet, and members of the Parliament to directly or indirectly:

(1) Engage in any business transaction with the Bangsamoro Government or with any of its authorized boards, officials, agents, or attorneys, whereby money is to be paid, or property or an;y other thing of value is to be transferred, directly or indirectly, out of the resources of the Bangsamoro Government to such person or firm:

(2) Hold such interests in any cockpit or other games licensed by the Bangsamoro Government:

(3) Purchase any real estate or other property forfeited in favor of the Bangsamoro Government for unpaid casts or assessment, or by virtue of a legal process at the instance of the Bangsamoro Government;

(4) Be a surety for any person contracting or doing business with the Bangsamoro Government for which a surety is required; and

(5) Possess or use any public property of the Bangsamoro Government for private purposes.

(b) All other prohibitions governing the conduct of national public officers relating to prohibited business and pecuniary interest as provided for under Republic Act No. 6713, otherwise know n. as the "Code of Conduct and Ethical Standards for Public Officials and Employees" and other national laws shall also be applicable to the Chief Minister, Deputy Chief Ministers, members of the Cabinet, and members of the Parliament.

Section 17 Practice of Profession.

SEC. 17. Practice of Profession. -

(a) The Chief Minister, Deputy Chief Ministers, and members of the Cabinet are prohibited from practicing their profession or engaging in any occupation other than the exercise of their functions as officials of the Bangsamoro Government.

(b) Members of the Parliament who are not holding Cabinet positions may practice their professions, engage in any occupation, or teach in schools except during session hours: Provided, That members of the Parliament who are also members of the Philippine Bar shall not:

(1) Appear as counsel before any court in any civil case wherein, the Bangsamoro Government or any office, agency, or instrumentality of the government is the adverse party;

(2) Appear as counsel in any criminal case wherein an officer or employee of the National Government or the Bangsamoro Government is accused of an offense-committed in relation to the office;

(3) Collect any fee for appearance in administrative proceedings involving the Bangsamoro Government: and

(4) Use property and personnel of the government except when the member concerned is defending the interest of the government.

(c) Doctors of medicine may practice their profession even during official hours of work only on occasions of emergency: Provided, That the members concerned do not derive monetary compensation therefrom.

Section 18 Statement of Assets, Liabilities, and Net Worth.

SEC. 18. Statement of Assets, Liabilities, and Net Worth. - Officials and employees of the Bangsamoro Government shall file sworn statements of assets, liabilities, and net worth, lists of relatives within the fourth civil degree of consanguinity or affinity in government service, financial and business interests, and personal data sheets as required by national law.

Section 19 Forfeiture of Seat.

SEC. 19. Forfeiture of Seat. - The seat of a member of the Parliament shall he forfeited under any of the following circumstances:

(a) Voluntary resignation in the form of either a written or oral declaration in the Parliament:

(b) Conviction of a grave offense by a regular court or a finding of guilt of a grave offense as defined by the rules of the Parliament for treason, high crimes., heinous crimes, crimes against morality, or other crimes punishable by more than six (6) years of imprisonment;

(c) Permanent physical or mental incapacity that makes the Member unable to discharge the; duties of a member, or death;

(d) Substitution by the party to which the member belongs with another member of the same party, the member having been elected under the proportional representation system;

(e) Expulsion by the Parliament for disorderly behavior, with the concurrence of two-thirds of all its members; and

(f) Such other grounds as may be provided in the Bangsamoro Electoral Code.

Section 20 Filing of Vacancy.

SEC. 20. Filing 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 the Parliament, the party to which the member belongs shall, within thirty (30) days from the occurrence of such vacancy nominate a new member who shall be appointed by the Chief Minister subject to the Bangsamoro Electoral Code.

In case of a vacancy in the seat occupied by an unaffiliated member of the Parliament occurring 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 a law enacted by the Parliament.

The appointed or selected member of the Parliament, as the case may be, shall serve the unexpired term of the vacant office.

Section 21 Privileges and Immunities.

SEC. 21. Privileges and Immunities. - Any member of the Parliament who commits an offense within the Bangsamoro territorial jurisdiction, that is punishable by not more than six (6) years imprisonment, shall be privileged from arrest while the Parliament is in session.

No member of the Parliament shall be questioned or be held liable in any other place for any speech or debate in the Parliament or in any of its committees.

Section 22 Sessions of the Parliament.

SEC. 22. Sessions of the Parliament. - The Parliament shall conduct its regular session forty-five (45) days after the election of the Parliament up to thirty (30) days before the opening of its next regular session, unless earlier dissolved by a vote of no confidence. A special or emergency session may be called by the Speaker, upon the request of the Chief Minister or by a majority of ail the members of the Parliament.

Section 23 Officers of the Parliament.

SEC. 23. Officers of the Parliament. - On the first day of session of the Parliament following their election, the members shall elect by a majority vote of ail its members the Speaker, a Deputy Speaker, and the other officers of the Parliament, as the rules of th» Parliament may provide.

In case of death, removal resignation, or permanent disability or legal incapacity of the Speaker, the Deputy Speaker shall act as Speaker until a new Speaker shall have been elected by the Parliament.

Section 24 Presiding Officer.

SEC 24. Presiding Officer. - The Speaker, Deputy Speaker, or any other person presiding over the Parliament shall:

(a) Secure the honor and dignity of the Parliament;

(b) Ensure the rights and privileges of ay the members; and

(c) Assure public access to the proceedings of the Parliament and its committees.

Section 25 Rules of the Parliament.

SEC. 25. Rules of the Parliament. - The Parliament shall adopt its own rules for the conduct of its business.

(a) Every bill passed by the Parliament shall embrace only one subject which shall be expressed m the title thereof.

(b) No bill shall become a law in the Bangsamoro Autonomous Region unless it has passed three (3) readings on separate days and printed copies thereof in its final form have been distributed to members of the Parliament, three (3) days before its passage, except when the Chief Minister certifies to the necessity of its immediate enactment to meet a public calamity or emergency.

(c) Every bill passed by the Parliament shall, before it becomes a law, be presented to the Chief Minister. The Chief Minister shall sign the bill within thirty (30) days after the date of its receipt, otherwise, it shall become a law as if the Chief Minister had signed it.

(d) The Speaker of the Parliament shall, within ten (10) working days from their approval thereof, submit to the President and to the Congress of the Philippines a certified true copy of all laws and resolutions approved by the Parliament.

(e) The rules of the Parliament or any amendment thereto shall be effective fifteen (15) days following its complete publication in a regional newspaper of general circulation.

Section 26 Proceedings.

SEC. 26. Proceedings. - A majority of all the members of the Parliament shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent members in such manner, and under such penalties as the Parliament may provide.

The Parliament may punish its members for disorderly behavior, and with the concurrence of' two-thirds of all its members, suspend or expel a member. A penalty of suspension, when imposed, shall not exceed sixty (60) days.

The Parliament shall keep a Journal of its proceedings. and from time to time publish the same, excepting such, parts as may, in its judgment affect national and/or regional security; and the yeas and nays on any question shall, at the request of one-fifth of the members present be entered into the Journal. The Parliament shall also keep a record of its proceedings.

Section 27 Appropriations.

SEC. 27. Appropriations. - No public money, including the block grant and other national government subsidies and support funds given in lump sum, shall be spent without an appropriations law clearly defining the purpose for which it is intended. The Parliament shall pass an annual appropriations law.

Section 28 Budget.

SEC. 28. Budget. - The form, content, and manner of preparation of the Bangsamoro budget shall be prescribed by law enacted by the Parliament, consistent with existing laws, rules and regulations of the National Government. For this purpose, the Parliament shall create a Bangsamoro Budget Office.

Section 29 Reenacted Budget.

SEC. 29. Reenacted Budget. - If by the end of the fiscal year, the Parliament shall have failed to pass the Bangsamoro appropriations bill for the ensuing fiscal year, the Bangsamoro appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until a new Bangsamoro appropriations bill is passed by the Parliament.

Only the annual appropriations for salaries and wages of existing positions, statutory and contractual obligations, and operating expenses authorized in the annual budget of the preceding year shall be deemed reenacted and the disbursement of funds shall be in accordance therewith.

EXECUTIVE OFFICERS

Section 30 Qualifications of the Chief Minister.

SEC. 30. Qualifications of the Chief Minister. - No person shall be elected as Chief Minister unless a member of the Parliament, a natural-born citizen of the Philippines, and. at least twenty-five (25) years of age on the day of the election.

Section 31 Election of the Chief Minister.

SEC. 31. Election of the Chief Minister. - On the first day of session following the election of the members of the Parliament, the Parliament shall elect the Chief Minister by a majority vote of all its members.

If no member of the Parliament obtains the majority vote necessary to be elected Chief Minister in the first round of voting, a runoff election shall be conducted: Provided, That the members of the Parliament shall elect the Chief Minister from the two (2) candidates who obtained the highest number of votes cast in the first round.

Section 32 Powers, Duties, and Functions of the Chief Minister.

SEC. 32. Powers, Duties, and Functions of the Chief Minister. - The Chief Minister shall exercise the following powers, duties, and functions:

(a) Head the Bangsamoro Government:

(b) Appoint heads of ministries, agencies, bureaus, and offices of the Bangsamoro Government or other officers of Bangsamoro-owned or controlled corporations or entities with original charters;

(c) Appoint other officers in the Bangsamoro Government, as may be provided by the Parliament;

(d) Formulate a platform of government subject to the approval of the Parliament:

(e) Issue executive orders and other policies of the Bangsamoro Government;

(f) Represent the Bangsamoro Government in. the affairs of the Bangsamoro Autonomous Region;

(g) Proclaim a state of calamity whenever typhoons, flash floods, earthquakes, tsunamis, or other natural or man-made calamities that cause widespread damage or destruction to life or property in the Bangsamoro Autonomous Region: and

(h) Exercise such other powers and functions inherent to the office.

Section 33 Administration, of the Oath of Office.

SEC. 33. Administration, of the Oath of Office. - The Wali shall administer the oath of office of the Chief Minister and all the members of the Parliament upon their election.

Section 34 Membership in Other Offices.

SEC. 34. Membership in Other Offices. - The Chief Minister shall be a member of the Mindanao Development Authority. The Chief Minister shall be an ex officio member of the National Security Council and the National Economic and Development Authority Board on matters concerning the Bangsamoro Autonomous Region.

Section 35 Deputy Chief Ministers.

SEC. 35. Deputy Chief Ministers. - There shall be two (2) Deputy Chief Ministers who shall be nominated by the Chief Minister and elected by members of the Parliament.

The Bangsamoro Autonomous Region shall have three (3) subregions, namely: south western Mindanao, north central Mindanao, and south central Mindanao, all within the Bangsamoro territorial jurisdiction. To ensure representation of all the subregions, the two (2) Deputy Chief Ministers shall come from the other two (2) subregions different from that of the Chief Minister.

For purposes of this provision, the coverage of each subregion shall be determined by the Parliament.

The Deputy Chief Ministers may each hold a cabinet position.

In case of death, permanent physical oriental incapacity, removal from office, or resignation of the Chief Minister, the Deputy Chief Minister, more senior in age, shall act as the Chief Minister until the Parliament shall have elected a new Chief Minister. The election shall be held within thirty (30) days from the occurrence of the vacancy.

Section 36 Dissolution of Parliament Upon a Vote of No Confidence.

SEC. 36. Dissolution of Parliament Upon a Vote of No Confidence. - Within seventy-two (72) hours upon a vote of no confidence of at least, two-thirds of all the members of the Parliament against the government of the day, the Chief Minister shall advise the Wali to dissolve the Parliament and call for a new parliamentary election. The election for a new Parliament shall be held not later than one hundred twenty (120) days from the date 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 new Chief Minister is elected and qualified.

In no case shall the Wali countermand the advice of the Chief Minister.

Section 37 Prohibitions During Holdover.

SEC. 37. Prohibitions During Holdover. - After a vote of no confidence against the government of the day shall have been obtained, and before a new government is formed, the Chief Minister and the Cabinet shall continue to perform their duties and functions: Provided, That they shall not contract basis. approve new contracts or disburse public funds except those for payment of salaries and wages and expenses for the regular operations of the government.

The Chief Minister and the Cabinet, during the holdover period, shall not make appointments, except temporary appointments to positions when continued vacancies therein will prejudice public service or endanger public safety.

Administrative Organization

Section 38 Organization of the Bureaucracy.

SEC. 38. Organization of the Bureaucracy. - The Bangsamoro Government shall have the power to create offices and organize its own bureaucracy. It may establish other offices and institutions necessary for the exercise of its functions and delivery of social services in the Bangsamoro Autonomous Region.

Section 39 Civil Service.

SEC 39. Civil Service. - The Civil Service Commission shall establish a regional Civil Service field office and other field offices as may be needed in the Bangsamoro Autonomous Region for the efficient performance of its powers and duties.

The Bangsamoro Government shall enact a civil service law: Provided, That it shall be in accordance with existing national laws. In case of conflict with the national laws, the Constitution and existing national civil service laws, rules, and regulations shall prevail.

This law shall govern the conduct of civil servants, the qualifications for nonelective positions, adopt the merit and fitness system, and protect civil service eligibles in various government positions, including government-owned or controlled corporations with original charters in the Bangsamoro Autonomous Region, The Bangsamoro Government shall have disciplinary authority over its own officials and employees,

Section 40 Bangsamoro Electoral Office.

SEC. 40. Bangsamoro Electoral Office. - The Commission on Elections shall establish a Bangsamoro Electoral Office under its supervision and control which shall implement and enforce its orders, rulings, and decisions. The budget of the Bangsamoro Electoral Office shall be part of the yearly budget of the Commission on Elections.

Section 41 Accountability of Public Officers.

SEC. 41. Accountability of Public Officers. - Public office is a a public trust. Public officers and employees shall at all times be accountable to the people serve them with utmost responsibility, integrity, loyalty, and efficiency, act with, patriotism and justice, and lead modest lives.

Section 42 Other Offices.

SEC. 42. Other Offices. - The Parliament may create other offices such as for the youth, women, settler communities, disaster risk reduction and management, and planning and development including a Bangsamoro Pilgrimage Authority which shall exercise jurisdiction over Hajj and Umrah matters affecting pilgrim s from within the Bangsamoro Autonomous Region.

Section 1 Bangsamoro People.

SEC. 1. Bangsamoro People. - Those who, at the advent of the Spanish colonization, were considered natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands, whether of mixed or full blood shall have the right to identify the themselves, their spouses and descendants, as Bangsamoro.

Section 1 Territorial Jurisdiction.

SEC. 1. Territorial Jurisdiction. - Territorial jurisdiction is the land mass as well as the waters over which the Bangsamoro Autonomous Region has jurisdiction, which shall be an integral, indivisible, and inseperable part of the national territory of the Republic of the Philippines as defined by the Constitution and existing laws.

Section 1 Territorial Integrity and Allegiance.

SEC. 1. Territorial Integrity and Allegiance. - The Bangsamoro Autonomous Region is an integral, indivisible, and inseparable part of the territory of the Republic of the Philippines. The Bangsamoro people shall uphold the Constitution as the fundamental law of the land and unequivocally owe allegiance and fidelity to the Republic of the Philippines.

Section 1

SEC. 1. Powers of the National Government. -All powers, functions, and responsibilities not granted by the Constitution or by national law to the Bangsamoro Government shall be vested in the National Government.

Section 1 General Supervision.

SEC. 1. General Supervision. - The President shall exercise general supervision over the Bangsamoro Government to ensure that laws are faithfully executed. The President may suspend the Chief Minister for a period not exceeding six (6) months for willful violation of the Constitution, national laws, or this Organic Law.

Section 1 Seat of Government.

SEC. 1. Seat of Government. - The Parliament shall fix by law the permanent seat of the Bangsamoro Government anywhere within the territorial jurisdiction of the Bangsamoro Autonomous Region taking into consideration accessibility and efficiency in. which its mandate may be carried out under this Organic Law.