2. "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
3. What is the “Bangsamoro”?
• Identity or the Bangsamoro People
• Political entity or the Bangsamorothat will
replace the ARMM
• Governmentor the Bangsamoro Government
that will replace the ARMM Regional
Government
4. 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 characteristics within the framework of this
Constitution and the national sovereignty as well as
territorial integrity of the Republic of the Philippines.”
5. 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.
6. 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 Cotabato
and Isabela
The Bangsamoro territory shall remain a part
of the Philippines.
Proposed Bangsamoro Core Territory
7. 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”
8. 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
9. 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….”
10.
11. Bangsamoro Transition Authority
• Interim government until the May 2016
elections
• 50 members, all appointed by the President
• MILF-‐led
12. 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
13. 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
14. 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
15. 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.”
16. 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)…”
17. 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.)
18. 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)
19. 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
20. 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
21. 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
22. • 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
23. 1) Revenues from additional taxes beyond those
already devolved to the ARMM collected three
years before
2) Share of the Bangsamoro in the government
income derived from the exploration,
development and utilization of natural resources
collectedthree years before
Deductions from the annual block
grants
This is without prejudice to the just share
of the LGUs under the Bangsamoro.
24. 2015
Actual
2016
Projected
1. Existing in the ARMM
a. 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 20.0
c. 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 devolved
2. Incremental Spending in the Proposed BBL
a. Special Development Fund for the Rehabilitation,
Reconstruction, and Development
-‐-‐ 7.0
b. BTA Transition Fund 1.0
c. Normalization Fund in Different Line Agencies (DA,
DepEd, TESDA, PhilHealth, DOH, CHED, and DSWD)
for ex-‐ combatants
3.0 4.0
Some computations
25. 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