BANGSAMORO TRANSITION AUTHORITY

1

Republic of the Philippines 1

Bangsamoro Autonomous Region in Muslim Mindanao 2

BANGSAMORO TRANSITION AUTHORITY 3

Cotabato City 4

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7

BTA Parliament Bill No. ________ 8

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Introduced by : <<Name>> 11

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AN ACT PROVIDING FOR THE BANGSAMORO ADMINISTRATIVE 14

CODE AND FOR OTHER RELATED PURPOSES 15

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BE IT ENACTED by the Bangsamoro Transition Authority in Parliament 18

assembled, as follows: 19

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21

INTRODUCTORY PROVISIONS 22

23

Sec. 1. Title. - This Act shall be known and cited as the “Bangsamoro 24

Administrative Code.” 25 26

Sec. 2. Purpose. – This Code is promulgated to prescribe the structural, 27

functional and procedural principles and rules of governance of the Bangsamoro 28

Autonomous Region in Muslim Mindanao during the period of transition, and shall 29

remain effective until the regular Bangsamoro Government amends or repeals the 30

same. 31

32

Sec. 3. Declaration of Principles and Policies. – The Bangsamoro 33

Government hereby declares the following principles and policies as the basic 34

foundation of the Code: 35

36

a. The Bangsamoro Autonomous Region in Muslim Mindanao is an 37

autonomous region with asymmetrical relationship with the Republic of 38

the Philippines and with a parliamentary form of government. Its political 39

system is democratic that allows its people to freely participate in the 40

political processes within its territorial jurisdiction;1 41

b. The Bangsamoro Government recognizes and protects the customs and 42

traditions, beliefs, and cultures of its indigenous inhabitants. The right of 43

1 See Sec. 3, Art. IV, BOL

2

indigenous peoples to a just and equal treatment shall be protected. They 1

shall be free from all forms of discrimination, oppression and exploitation; 2

c. The Bangsamoro Government recognizes the vital role of women and 3

youth, and the valuable contributions of differently -abled persons in 4

nation-building and shall promote and protect their physical, moral, 5

spiritual, intellectual, cultural and social well-being. It shall inculcate in 6

the minds of the youth patriotism and nationalism, and encourage their 7

involvement in public and civic affairs; 8

d. The Bangsamoro Government shall ensure every citizen in its territorial 9

jurisdiction the provision of the basic necessities and equal opportunities 10

in life. Social justice shall be promoted in all aspects of life and phases of 11

development in the Bangsamoro Autonomous Region2 ; 12

e. The Bangsamoro Government shall promote unity, peace, justice, and 13

goodwill among all peoples, encourage a just and peaceful settlement of 14

disputes3 and adopt the generally accepted principles of international law; 15

f. The Bangsamoro Government shall ensure the autonomy of its constituent 16

Local Government Units (LGUs); 17

g. The Bangsamoro Government shall develop a self-reliant and independent 18

regional economy effectively controlled by the Bangsamoro; 19

h. The Bangsamoro Government shall encourage the participation of non-20

governmental, community-based, and sectoral organizations in 21

government affairs that promote the welfare of the region; 22

i. The Bangsamoro Government, in pursuit of moral governance, shall 23

maintain honesty, integrity, transparency and accountability in governance 24

and take positive and effective measures against graft and corruption; and 25

j. Subject to reasonable conditions prescribed by law, the Bangsamoro 26

Government adopts and implements a policy of full public disclosure of all 27

its transactions involving public interest. 28 29

Sec. 4. Definition of Terms. – The words in this Code are defined as 30

follows: 31

32

"Bangsamoro Government” refers to the corporate governmental 33

entity with jurisdiction over all matters granted to it by the Constitution, 34

Bangsamoro Organic Law and other pertinent laws, through which the 35

functions of autonomous governance are exercised throughout the 36

Bangsamoro Autonomous Region in Muslim Mindanao, including the various 37

instrumentalities through which political authority is made effective4 ; 38 39

“National Government” refers to the entire machinery of the central 40

government, as distinguished from the different forms of local governments5 ; 41

42

“Bangsamoro Autonomous Region" used interchangeably 43

herein with the “Bangsamoro Autonomous Region in Muslim 44

Mindanao” refers to the autonomous region established by virtue of 45



4 Derived from Sec. 4 (1), MMA 287


3

Republic Act No. 11054, also known as the “Organic Law for the Bangsamoro 1

Autonomous Region in Muslim Mindanao”; 2

3

“Bangsamoro Organic Law” refers to Republic Act No. 11054, also 4

known as the “Organic Law for the Bangsamoro Autonomous Region in 5

Muslim Mindanao”, which has for its purpose to establish a political entity, 6

provide for its basic structure of government in recognition of the justness and 7

legitimacy of the cause of the Bangsamoro People and the aspirations of 8

Muslim Filipinos and all indigenous cultural communities in the Bangsamoro 9

Autonomous Region in Muslim Mindanao to secure their identity and 10

posterity, allowing for meaningful self-governance within the framework of 11

the Constitution and the national sovereignty as well as territorial integrity of 12

the Republic of the Philippines; 13

14

"Local Government" refers to the constituents units of the 15

Bangsamoro Autonomous Region in Muslim Mindanao, such as the 16

component provinces, cities, municipalities, barangays and such other 17

political subdivisions established by law or in accordance with the 18

Bangsamoro Organic Law; 19 20

"National agency" refers to a unit of the National Government6 ; 21

22

"Ministry" refers to a cabinet portfolio created by law and/or 23

counterparts of the National Government previously devolved to the former 24

Autonomous Region in Muslim Mindanao, exercising executive authority in 25

the Bangsamoro Government; 26 27

"Office" refers, within the framework of governmental organization, to 28

any major functional unit of the Bangsamoro Government or its ministries. It 29

may also refer to any position held or occupied by individual persons whose 30

functions are defined by law7 ; 31 32

"Instrumentality" refers to any agency of the Bangsamoro 33

Government, not integrated within the ministry framework vested with 34

special functions or jurisdiction by law, endowed with some if not all 35

corporate powers, administering special funds, and enjoying operational 36

autonomy, usually through a charter. This term includes regulatory agencies, 37

chartered institutions and government-owned or controlled corporations8; 38

39

“Government of the Day” refers to the political party or party 40

coalition with a majority in the Bangsamoro Parliament.9 The Government of 41

the Day forms the executive government, composed of ministers, and headed 42

by the Chief Minister. During the transition period, the Moro Islamic 43

Liberation Front – led majority and other Members of the Bangsamoro 44




9 https://lawgovpol.com/legal -studies-glossary-e-k/

https://lawgovpol.com/legal-studies-glossary-e-k/

4

Parliament who agree to the manifesto of the transition government shall be 1

considered as Government of the Day; 2

3

“Popular Initiative” refers to a piece of legislation proposed 4

directly by the people as part of participatory democracy in the Bangsamoro 5

Autonomous Region; 6

7

"Bangsamoro Government-owned or controlled corporation" 8

refers to any agency organized as a stock or non-stock corporation, vested 9

with functions relating to public needs whether governmental or proprietary 10

in nature, and owned by the Bangsamoro Government directly or through its 11

instrumentalities either wholly, or, partly, subject to the applicable provisions 12

of existing Corporation Laws1 0; 13 14

"Officer" as distinguished from "clerk" or "employee", refers to a person 15

whose duties, not being of a clerical or manual nature, involves the exercise of 16

discretion in the performance of the functions of the government. When used 17

with reference to a person having authority to do a particular act or perform a 18

particular function in the exercise of governmental power, "officer" includes 19

any government employee, agent or body having authority to do the act or to 20

exercise that function1 1 ; 21 22

"Employee", when used with reference to a person in the public 23

service, includes any person in the service of the government or any of its 24

agencies, divisions, subdivisions or instrumentalities1 2 ; 25 26

“Khalifa”, refers to a human as a vicegerent, trustee, steward of Allah 27

(Subhannahu Wa’ Taalah) on earth; 28

29

“Contracts” refer to written or unwritten agreements/meeting of the 30

minds between two or more persons or juridical entities; 31

32

“Regular Non-Working Holidays”, are those national and regional 33

holidays provided by law, which are observed throughout the area of 34

autonomy1 3 ; 35

36

“Special Holidays”, refers to non-regular holidays in the region and 37

certain local government units in observance of historical, religious and other 38

significant events which need official proclamation from the Chief Minister 1 4 ; 39

40

Settler Communities”, refers to those residing within the 41

territorial jurisdiction of the Bangsamoro Autonomous Region who are not 42

covered by the definition of Article II Section 1 of the Bangsamoro Organic 43

10

Derived from Sec. 4 (15), MMA 287 11




Derived from Sec. 4 (22), MMA 287

5

Law nor considered to be a member of Indigenous Cultural Communities / 1

Indigenous People; and 2

“Moral Governance”, refers to the set of rules, practices, and 3

processes completely devoid of all the evils of graft and corruption, and 4

explicitly driven by the moral principles of utmost dedication, devotion, 5

honesty, justice, and integrity.1 5 6

7

8

15

Derived from the Oath of Moral Governance

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BOOK I 1

BANGSAMORO AUTONOMY AND ADMINISTRATION 2

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4

Chapter 1 5

The Bangsamoro Autonomous Region 6

7

Sec. 1. Bangsamoro People. - Those who, at the advent of the Spanish 8

colonization, were considered natives or original inhabitants of Mindanao and the 9

Sulu archipelago and its adjacent islands, whether of mixed or full blood, shall have 10

the right to identify themselves, their spouses and descendants, as Bangsamoro.1 6 11

12

Sec. 2. Bangsamoro Territory.1 7 – The territorial jurisdiction of the 13

Bangsamoro Autonomous Region shall be composed of: 14

15

A. The provinces of Basilan, Lanao del Sur, Maguindanao, Sulu, and Tawi-Tawi; 16

B. The cities of Cotabato, Lamitan, and Marawi; and 17

C. The 63 barangays that opted for inclusion in the Bangsamoro Autonomous 18

Region, during the plebiscite called for such purpose, namely: 19

1. Dunguan, and Tapodoc, all in Aleosan, North Cotabato 20

2. Kibayao, Kitulaan, Langogan, Manarapan, Nasapian, Pebpoloan, and 21

Tupig, all in Carmen, North Cotabato 22

3. Buluan, Nanga-an, Pedtad, Sanggadong, Simbuhay, Simone, and 23

Tamped, all in Kabacan North Cotabato 24

4. Damatulan, Kadigasan, Kadingilan, Kapinpilan, Kudarangan, Central 25

Labas, Malingao, Mudseng, Nabalawag, Olandang, Sambulawan, Tugal, 26

and Tumbras, all in Midsayap North Cotabato 27

5. Lower Baguer, Balacayon, Buricain,Datu Binasing, Datu Mantil, 28

Kadingilan, Libungan Torreta, Matilac, Lower Pangangkalan, Upper 29

Pangangkalan, Patot, and Simsiman, all in Pigkawayan, North Cotabato; 30

6. Bagoinged, S. Balong, S. Balongis, Barungis,Batulawan, Bualan, 31

Buliok,Bulol, Fort Pikit, Gli-Gli, Gokotan, Kabasalan, Lagunde, 32

Macabual, Macasendeg, Manaulanan, Nabundas, Nalapaan, Nunguan, 33

Pamalian, Panicupan, and Rajahmuda, all in Pikit, North Cotabato. 34

Sec. 3. Constituent Units. - The constituent units of the Bangsamoro 35

Autonomous Region are provinces, cities, municipalities, barangays, and 36

geographical areas within its territorial jurisdiction.1 8 37

38

Sec. 4. Inland Waters. – All inland waters such as lakes, rivers, river 39

systems, and streams within its territorial jurisdiction form part of the Bangsamoro 40

Autonomous Region inland waters. The preservation and management of the inland 41

waters shall be under the Bangsamoro Government as provided for in Section 23, 42

Article XIII of the Bangsamoro Organic Law. 43

44

16

See Sec. 1, Art. II, BOL 17

See Sec. 2, Art. III, BOL 18

See Sec. 5, Art. III, BOL

7

Sec. 5. Bangsamoro Municipal and Regional Waters. – The 1

municipal and regional waters of the Bangsamoro Autonomous Region shall extend 2

up to fifteen (15) kilometers and nineteen (19) kilometers, respectively, from the low-3

water mark of the coasts that are part of the Bangsamoro territorial jurisdiction. 4

5

Where a constituent local government unit of the Bangsamoro Autonomous 6

Region and an adjoining local government unit are so situated on opposite shores 7

such that there is thirty (30) kilometers of waters or less between them, a line equally 8

distant from the opposite shores shall be drawn to demarcate the Bangsamoro waters 9

and the municipal waters of the adjoining local government unit. 10

11

In case the constituent local government unit of the Bangsamoro Autonomous 12

Region and an adjoining local government unit are so situated on opposite shores 13

that there is more than thirty (30) kilometers but less than thirty -four (34) 14

kilometers of waters between them, a line shall be drawn at the edge of the fifteen-15

kilometer municipal waters of the adjoining local government unit to demarcate it 16

from the Bangsamoro waters. 17

18

19

Chapter 2 20

Bangsamoro Symbols and Emblems 21

Sec. 6. Bangsamoro Flag. – The Bangsamoro flag shall be in the shape 22

and dimension of a standard flag, three (3) feet by five-and-a-half (5 ½) feet, and 23

shall contain four (4) distinctive colors, a Crescent, a seven-rayed Star, and a Kris. It 24

shall always be regarded with utmost respect and admiration, and shall always be 25

displayed alongside the Philippine Flag pursuant to Section 2, Article II of R.A. No. 26

11054.1 9 27

Sec. 7. Bangsamoro Emblem. – The Official Bangsamoro Seal shall be 28

circular in design. The words ‘BANGSAMORO AUTONOMOUS REGION IN 29

MUSLIM MINDANAO’ shall be clearly printed at the upper portion and the same 30

shall be preceded and ended by stars. The year of creation of the Bangsamoro 31

Autonomous Region in Muslim Mindanao ‘2019’ shall be printed at the lower 32

portion. 33

The outermost part of the Official Bangsamoro Seal shall be bordered by a 34

rope. In its center shall be a Crescent with a Seven-rayed Star to its right. 35

The Rope, the Crescent, and the Seven-rayed Star shall be golden yellow in 36

color. There shall be a strip, slightly red in color, in the inner portion of the rope. The 37

crescent and the star shall be set against a green background. The words inscribed 38

therein shall be written in green with white as its background.2 0 39

Sec. 8. Bangsamoro Hymn. – The official lyrics and rendition of the 40

Bangsamoro Hymn shall be in accordance with the official musical arrangement and 41

composition embodied in Bangsamoro Autonomy Act No. 7. 42

19

Lifted from Secs. 3 and 4 of Bangsamoro Autonomy Act No. 1 20

Sec. 3 of Bangsamoro Autonomy Act No. 2

8

Whenever the Bangsamoro is sung, it shall always be preceded by the singing 1

of the Philippine National Anthem. 2

Sec. 9. Seat of the Bangsamoro Government. – The seat of the 3

Bangsamoro Government shall be in Cotabato City , unless otherwise provided by the 4

Bangsamoro Parliament in a subsequent law. 5

Sec. 10. Bangsamoro Day. – March 29 is hereby proclaimed as the 6

Bangsamoro Day and declared a non-working holiday in celebration of the 7

establishment of the Bangsamoro Autonomous Region, which shall be celebrated to 8

highlight the social, political, cultural and economic progress so far attained as part 9

of the right to self-governance and self-determination. 10

Sec. 11. Bangsamoro Legal Holidays. – Regular non-working holidays 11

and special holidays provided for by laws and issuances of the National Government 12

shall be observed in the Bangsamoro Autonomous Region.2 1 13

The Bangsamoro Parliament shall enact a law to identify the holidays to be 14

observed in the Bangsamoro Autonomous Region. The Chief Minister may likewise 15

proclaim any local special holiday for a particular date and place in accordance with 16

existing laws and issuances. 17

18

Chapter 3 19

Operation and Effects of Laws 20

21 Sec. 12. Effectivity of Executive Issuances. – Executive issuances shall 22 take effect after fifteen (15) days following the completion of their publication in the 23 Bangsamoro Gazette or in a newspaper of regional circulation, unless otherwise 24 provided.2 2 25

Sec. 13. Interpretation of Laws and Administrative Issuances. - In 26

the interpretation of a law or an administrative issuance promulgated in all the 27

official languages, the language used in the original text shall control, unless 28

otherwise specifically provided. Only in the event of ambiguity, omission or mistake, 29

may the other texts be consulted.2 3 30

Sec. 14. Bangsamoro Gazette. – The Bangsamoro Gazette shall be the 31

official gazette of the Bangsamoro Government which will publish all legislative acts 32

and resolutions of a public nature, all executive and administrative issuances of 33

general application, decisions or abstracts of decisions of the Shari’ah Courts of 34

sufficient importance to be published, documents or classes of documents as may be 35

required to be published by law and such documents or classes of documents of 36

general application. 37

The Bangsamoro Gazette shall be published by the Bangsamoro Information 38

Office (BIO) in the English language and whenever applicable, in Filipino and Arabic. 39

21 Derived from Sec. 12, Chapter 4, Book I, MMA 287 22

See Sec. 9, Chapter 3, Book I, MMA Act No. 287 23

Derived from Sec. 11, Chapter 3, Book I, MMA 287

9

It shall be made available to all national and local agencies upon subscription. The 1

BARMM Library shall serve as the official custodian and repository thereof.2 4 2

3

Chapter 4 4

Legal Weights, Measures, and Periods 5 6

Sec. 15. Official Use of Metric System. – The metric system of weights 7 and measures shall be used in the Bangsamoro Autonomous Region for all products, 8 articles, goods, commodities, materials, merchandise, utilities, services, as well as for 9 commercial transactions like contracts, agreements, deeds and other legal 10 instruments publicly and officially attested, and for all official documents. Only 11 weights and measures of the metric system shall be officially sealed and licensed.2 5 12

13 Sec. 16. Legal Periods. – “Year” shall be understood to be twelve calendar 14

months; “month” of thirty days, unless it refers to a specific Gregorian calendar 15 month in which case it shall be computed according to the number of days the 16 specific month contains; “day” to a day of twenty -four hours; and “night”, from 17 sunset to sunrise.2 6 18 19

20

Chapter 5 21

General Principles Governing Public Officers 22

23

Sec. 17. Nature of Public Office. - Public office is a sacred public trust. 24

Public officers and employees must at all times be accountable to God and to the 25

people, serve as ”khalifa”, with the utmost responsibility, integrity, loyalty and 26

efficiency, act with patriotism and justice, and lead modest lives.2 7 27 28

Sec. 18. Declaration of Assets, Liabilities and Networth. - A public 29

officer or employee shall, upon assumption to office and as often thereafter as may be 30

required by law, submit a declaration under oath of their assets, liabilities and 31

networth.2 8 32 33

Sec. 19. Ethics in Government. - All public officers and employees shall 34

be guided by the core values of moral governance. 35 36

Sec. 20. Liability of Superior Officers. - (1) A public officer shall not be 37

civilly liable for acts done in the performance of his/her official duties, unless there is 38

a clear showing of bad faith, malice or gross negligence. 39 40

Any public officer who, without just cause, neglects to perform a duty 41

within a period fixed by law or regulation, or within a reasonable period if none is 42

fixed, shall be liable for damages to the private party concerned without prejudice to 43

such other liability as may be prescribed by law; and a head of a 44

ministry/office/agency or a superior officer shall not be civilly liable for the wrongful 45

acts, omissions of duty, negligence, or misfeasance of his/her subordinates, unless 46

he/she has actually authorized by order the specific act or misconduct complained of. 47

24




See Sec. 18, Chapter 6, Book I, MMA 287 28

See Sec. 19, Chapter 6, Book I, MMA 287

10

1

Sec. 21. Liability of Subordinate Officers. - No subordinate officer or 2

employee shall be civilly liable for acts done by him in good faith in the performance 3

of his/her duties. However, he/she shall be liable for willful or negligent acts done by 4

him/her which are contrary to law, morals, public policy and good customs even if 5

he/she acted under orders or instructions of his/her superiors.2 9 6

7 8

Chapter 6 9

Bangsamoro Immunity from Suit 10

11

Sec. 22. Non-suability of the BARMM. – No suit shall lie against the 12

Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) except with its 13

consent as provided by law. 14

15

Sec. 23. Bangsamoro Government's Responsibility for Acts of 16

Agents. – The Bangsamoro Government shall be legally bound and responsible only 17

through the acts performed in accordance with the Bangsamoro Organic Law and the 18

laws by its duly authorized representatives. 19

20

The BARMM shall not be bound by the mistakes or errors of its officers or 21

agents in the exercise of their functions. 22

23 24

Chapter 7 25

Official Oaths 26

27

Sec. 24. Oaths of Office for Public Officers and Employees. - All 28

public officers and employees of the government before entering upon the discharge 29

of their duties, shall take an oath to uphold and defend the Constitution and the 30

Bangsamoro Organic Law; that he or she will bear true faith and allegiance to it; obey 31

the laws, legal orders and decrees promulgated by the duly constituted authorities; 32

will faithfully discharge to the best of his/her ability the duties of the office or 33

position upon which he/she is about to enter; and that he voluntarily assumes the 34

obligation imposed by his oath of office, without mental reservation or purpose of 35

evasion. Copies of the oath shall be deposited with the Civil Service Commission 36

regional office and the human resource department of the concerned agency.3 0 37 38

Sec. 25. Officers Authorized to Administer Oath. - (1) The following 39

officers have general authority to administer oath: Wali, Bangsamoro Mufti, Chief 40

Minister, members of the Judiciary, Speaker of the Parliament, Cabinet Ministers, 41

the Bangsamoro Attorney General, and Chief Executives of local government units. 42

43 44

Chapter 8 45

Reports 46

47

Sec. 26. Annual and Special Reports. - The heads of the ministries, 48

offices, agencies or instrumentalities of the Bangsamoro Government shall prepare 49

29

See Sec. 25, Chapter 6, Book I, MMA 287 30

See Sec. 26, Chapter 7, Book I, MMA 287

11

and submit annual or special reports to the Chief Minister who shall furnish a 1

consolidated report to the Bangsamoro Parliament on or before the first day of 2

March of each year, or as may be required. The contents of the annual or special 3

reports shall be prescribed by law or, in the absence thereof, by executive order.3 1 4 5

Sec. 27. Repository of Reports. - Official copies of annual reports shall be 6

deposited with the BARMM Library and shall be accessible to the public.3 2 7

8

9

10

11

31

Derived from Sec. 29, Chapter 8, Book I, MMA 287 32

Derived from Sec. 30, Chapter 8, Book I, MMA 287

12

BOOK II 1

INTERGOVERNMENTAL RELATIONS 2

3

Sec. 1. Intergovernmental Relations Body. – Pursuant to Sec. 2. Art. VI 4

of the Bangsamoro Organic Law, the Intergovernmental Relations Body (IGRB) is 5

created to coordinate and resolve issues on intergovernmental relations through 6

regular consultation and continuing negotiation in a non-adversarial manner. 7

The Chief Minister shall appoint or designate representatives of the 8

Bangsamoro Government to the IGRB, as well as its Secretariat, through a Special 9

Memorandum Order. 10

Sec. 2. Other IGR Bodies. – The following are the other IGR Bodies, 11

whose Bangsamoro Government representatives shall likewise be appointed or 12

designated by the Chief Minister through a Special Memorandum Order, unless 13

otherwise provided in the Bangsamoro Organic Law: 14

a. Philippine Congress-Bangsamoro Parliament Forum; 15

b. Intergovernmental Fiscal Policy Board; 16

c. Joint Body for the Zones of Joint Cooperation; 17

d. Intergovernmental Infrastructure Development Board; 18

e. Intergovernmental Energy Board; 19

f. Bangsamoro Sustainable Development Board; and 20

g. Council of Leaders. 21

22

Sec. 3. Council of Leaders. - The Council of Leaders shall advise the Chief 23

Minister on matters of governance in the Bangsamoro Autonomous Region. It shall 24

consist of the following members: 25

26

a. Chief Minister as head of the council; 27

b. Members of the Congress of the Philippines from the Bangsamoro 28


c. Provincial governors, and mayors of chartered cities in the Bangsamoro 30


d. One (1) representative each from the traditional leaders, non-Moro 32

indigenous communities, women, settler communities, the Ulama, youth, 33

and Bangsamoro communities outside of the Bangsamoro Autonomous 34

Region; and 35

e. Representatives of other sectors. 36

37

The representation of the non-Moro indigenous communities shall be 38

pursuant to their customary laws and indigenous processes.3 3 39

40

Sec. 4. Sectoral representatives to the Council of Leaders. – The 41

sectors to be represented in the Council of Leaders under paragraph (e) of the 42

preceding section, and the number of representatives from each sector, are as 43

33

Sec. 8, Art. VI, BOL

13

follows: (a) one (1) representative from a professional association; (b) one (1) 1

representative from the business sector; (c) one (1) representative from a private 2

educational institution; (d) one (1) representative from the labor sector; and (e) one 3

(1) representative from the farmers’ sector. 4

5

Sec. 5. Selection of representatives. – The Chief Minister shall select the 6

representatives in paragraphs (d) and (e) of Section 3 above from a list of nominees 7

based on the following qualifications: 8

9

a. Residency. Representatives-nominees must be residents and registered 10

voters of the Bangsamoro Autonomous Region, of legal age, not otherwise 11

disqualified by law, with a proven track record in the community or sector 12

represented, and must be willing and able to participate in all activities of 13

the Council of Leaders. 14

15

b. Occupation. A nominee must not hold any government position, whether 16

appointive or elective and must not receive any remuneration from the 17

government while serving as community or sectoral representative to the 18

Council of Leaders. 19

20

c. Nomination. The nominee must be formally nominated by a registered 21

organization, association or institution of the community or sector being 22

represented. An organization that has government officials and employees 23

as ex-officio members of the Governing Board or whose operations are 24

funded by the government are disqualified. Financial support by the 25

government to specific projects will not be considered as funding support 26

to operations. 27

28

If no nominations are submitted, the Chief Minister shall select and appoint 29

any qualified person of the category to the vacant position.3 4 30

Sec. 6. Principles of Intergovernmental Relations in the 31

Bangsamoro. – Intergovernmental Relations (IGR) mechanisms seek the 32

achievement of common goals through alignment and cohesion across all levels of 33

government.3 5 As such: 34

a. There should be mutual respect between the different levels of 35

government. There must be an unequivocal recognition of each side’s 36

authority and accountability; 37

b. There must be an ethos of interdependence. Each side must see the need 38

to cooperate and collaborate to achieve the intended goal; and 39

c. The IGR mechanism must be a platform for civic participation. Hence, 40

there must be space for civil society organizations to engage in the policy -41

34

Derived from Sec. 9, Chapter III, Title II of Presidential Decree No. 198, also known as the “Provincial Water Utilities Act of 1973”. 35

Chakunda Vincent and Ogochukwu Nzewi, 2018, ‘Intergovernmental relations in federal and unitary nations: A framework for analysis’, International Affairs and Global Strategy, Vol.60 , as cited by Atty. Michael Henry Yusingco, LLM in “The Fundamentals of Intergovernmental Relations or IGR”

14

making process as well as in the implementation phase of any 1

development program.3 6 2

Sec. 7. National Government Offices and Ministries/Agencies in 3

the BARMM. - Subject to applicable laws, orders and/or policies, the Bangsamoro 4

Government shall be consulted on and resolve any National Government action that 5

may affect matters of particular interest to the former. For this purpose, the National 6

Government and the Bangsamoro Government shall regularly meet, through the 7

IGRB, to coordinate and resolve issues on intergovernmental relations through 8

regular consultation and continuing negotiation in a non-adversarial manner. 9

Other government offices, agencies, instrumentalities, entities and 10

government-owned or -controlled corporations, including people’s and non-11

government organizations in the Bangsamoro Autonomous Region which are not 12

covered by the preceding paragraph shall be dealt with in accordance with the 13

applicable existing laws, policies, orders and/or such regional laws the Parliament 14

may enact for the purpose.3 7 15

Sec. 8. Bangsamoro Government and its Constituent Local 16

Government Units. – The authority of the Bangsamoro Government to regulate 17

the affairs of its constituent local government units shall be guaranteed in 18

accordance with the Bangsamoro Organic Law and a Bangsamoro Local Governance 19

Code to be enacted by the Parliament, which shall provide the institutional 20

framework to govern the relationship of the national government, the BARMM 21

government and the LGUS within the BARMM. 22

23

The privileges already enjoyed by local government units under Republic Act 24

No. 7160, otherwise known as the “Local Government Code of 1991,” as amended, 25

and other existing laws shall not be diminished.”3 8 26

Sec. 9. Exercise of Powers of the Bangsamoro Government. – The 27

exercise of powers granted to the Bangsamoro Government by the Bangsamoro 28

Organic Law on matters which do not fall under the sole jurisdiction of the National 29

Government shall include the power of administration and that of issuing internal 30

regulations for the organization of the Bangsamoro Government. 31

Sec. 10. Application of Laws. - Laws emanating from, and passed by, the 32

Bangsamoro Government on matters of its exclusive jurisdiction are applicable in 33

preference to any other. Only in its absence shall national laws be applied to 34

supplement it. 35

36

37

36

Atty. Michael Henry Yusingco, LLM in “The Fundamentals of Intergovernmental Relations or IGR” 37

Derived from Sec. 2, Chapter 2, Title VI, Book II, MMA 287 38

Sec. 10, Art. VI, BOL

15

BOOK III 1

THE BANGSAMORO AUTONOMOUS GOVERNMENT 2

3

4

TITLE I: 5

Bangsamoro Government 6

7

Sec 1. Powers of Government. – The powers of government shall be 8

vested in the Parliament which shall exercise those powers and functions expressly 9

granted to it in the Bangsamoro Organic Law, and those necessary for, or incidental 10

to, the proper governance and development of the Bangsamoro Autonomous Region. 11

It shall set policies, legislate on matters within its authority, and elect a Chief 12

Minister who shall exercise executive authority on its behalf.3 9 13

14

Sec. 2. Legislative Authority. – The Parliament shall have the authority to 15

enact laws on matters that are within the powers and competencies of the 16

Bangsamoro Government.4 0 17

18

Sec. 3. Executive Authority. – The executive function and authority shall 19

be exercised by the Cabinet which shall be headed by a Chief Minister. The Chief 20

Minister shall be elected by a majority vote of all the members of the Parliament. 21

22

The Chief Minister shall nominate two (2) Deputy Chief Ministers who shall 23

be elected by the Parliament as provided under the Bangsamoro Organic Law, and 24

appoint the members of the Cabinet, majority of whom shall come from the 25

Parliament.4 1 26

27

28

TITLE II: 29

Wali 30

31

Sec. 1. Wali. – The Wali shall serve as the ceremonial head of the 32

Bangsamoro Government. 33

34

The Parliament shall issue a resolution reflecting its consensus on the 35

selection of the Wali from a list of names of eminent residents of the Bangsamoro 36

Autonomous Region submitted by the Council of Leaders.4 2 37

38

Sec. 2. Qualifications. – The Wali shall possess the following 39

qualifications at the time of his nomination: 40

41

a. Natural-born citizen of the Philippines; 42

b. Able to read and write in Filipino, English, or Arabic; 43

c. At least forty (40) years of age; 44

d. A resident of the Bangsamoro Autonomous Region for at least fifteen (15) 45

years; and 46

39

See Sec. 2, Art. VII, BOL 40



See Sec. 1, Art. VIII, BOL

16

e. No prior conviction for any criminal or administrative offense by any 1

court or quasi-judicial body.4 3 2

Sec. 3. Duties of the Wali. – The Wali shall perform the following 3

ceremonial duties: 4

5

a. Opening the session of the Parliament; 6

b. Administering the oath of office of the Chief Minister, Deputy Chief 7

Ministers, Speaker of Parliament, Members of Parliament, and the 8

Cabinet Ministers; 9

c. Dissolving the Parliament upon the advice of the Chief Minister after a 10

vote of no confidence against the government of the day; 11

d. Calling for election of a new Parliament; 12

e. Attending public ceremonies;4 4 and 13

f. Welcoming foreign and local dignitaries4 5 . 14

Sec. 4. Removal of the Wali. – Any member of the Parliament may 15

initiate the move for the removal of the Wali on any of the grounds enumerated 16

under Section 6, Article VIII4 6 of the Bangsamoro Organic Law and, by majority vote 17

of its members of Parliament, proceed to hear and determine the allegations against 18

him. 19

20

The Bangsamoro Parliament may remove the Wali from office by ¾ vote of 21

all its members upon finding of commission of the enumerated acts in Section 6, 22

Article VIII of the Bangsamoro Organic Law, provided that the Wali shall be afforded 23

due process. The Bangsamoro Parliament shall promulgate the necessary rules to 24

carry out the purpose of this section. 25

26

The Wali may submit his resignation to the Speaker of the Bangsamoro 27

Parliament but in no case vacate his position without the approval of majority of the 28

Parliament.4 7 29

30

In case the Wali is indisposed to perform his duties for compelling reasons, 31

the Parliament shall designate by simple majority an Acting Wali from those 32

originally listed to perform the duties appurtenant to the Office of the Wali until the 33

latter resumes the performance of his duties and functions. 34

35

Sec. 5. Vacancy of the position of Wali. – In case of death, permanent 36

disability, removal from office, or resignation of the Wali, the Parliament shall 37

appoint a new Wali within thirty (30) days from vacancy. 38

43

See Sec. 2, Art. VIII, BOL 44


Proposed additional function of the Wali (merely ceremonial) 46 (a) Failure to dissolve the Parliament after a vote of no confidence;

(b) Conviction of a crime involving moral turpitude; (c) Failure to perform the functions of a Wali; and (d) Such other grounds as the Parliament may provide. 47

The Wali, while clothed by the BOL with “only” ceremonial functions, des erves to be considered as having a dignified role in the Bangsamoro Government. The Wali can dissolve the Parliament. Hence, approval of the majority of the Parliament is necessary.

17

1

Sec. 6. Term of Office. - The Wali shall hold office for six (6) years.4 8 In 2

case of vacancy, the successor shall only serve the remaining unexpired term of the 3

predecessor. The first appointed Wali by the Bangsamoro Transition Authority shall 4

hold office for three (3) years or until his successor has assumed office. 5

6

Sec. 7. Prohibitions. – The Wali shall not hold any other office or 7

employment in the Government, or any subdivision, agency, or instrumentality 8

thereof, including government-owned or controlled corporations or their 9

subsidiaries, during his/ term without forfeiting his/ seat. The Wali shall not engage, 10

directly or indirectly, in any business or commercial enterprise in the Bangsamoro 11

Autonomous Region where there may be a conflict of interest in the exercise of their 12

functions. The Wali may not personally appear as counsel before courts of justice or 13

quasi-judicial and other administrative bodies within the Bangsamoro Autonomous 14

Region.4 9 Neither shall the Wali be, directly or indirectly, financially interested in 15

any contract with, or in any franchise or special privilege granted by the Bangsamoro 16

Government, or any subdivision, agency, or instrumentality thereof, including any 17

government-owned or controlled corporation or its subsidiary, during his term of 18

office, nor intervene in any manner before any office of the Bangsamoro Government 19

for his pecuniary benefit or where the Wali may be called upon to act on account of 20

his office. 21

22

Sec. 8. Performance of Functions. – The Wali shall act independently in 23

the performance of his functions, and shall enjoy sufficient degree of autonomy. For 24

this purpose, he must not receive instructions from any person, regardless of 25

position, regarding the exercise of his tasks. 26

27

Sec. 9. Appointments. - The Chief Minister, upon recommendation of the 28

Wali, shall appoint the support staff in the Office of the Wali, subject to civil service 29

laws, rules and regulations. 30

31

Sec. 10. Divisions. - The Office of the Wali shall have the following 32

Divisions: 33

34

a. Administrative and Finance Services Division; and 35

b. Protocol and Other Support Services Division.5 0 36

37

Sec. 11. Administrative and Finance Division. - The Administrative 38

and Finance Division shall be responsible for the day - to - day operations of the 39

office and shall carry out the following functions: 40

41

a. Provide administrative support to the Office; 42

b. Manage the finances of the Office; and 43

c. Carry out other administrative functions assigned by the Wali. 44

Sec. 12. Protocol and Other Support Services Division. - The Protocol 45

and Other Support Services Division shall have the following functions: 46

48


Assuming that the Wali is a member of the Philippine Bar or the Special Shari’ah Bar with authority to appear in courts 50

The proposed Divisions are relevant to the *proposed additional* functions of the Wali.

18

1

a. Provide the necessary arrangement for programs and ceremonial activities 2

of the BARMM requiring the attendance of the Wali; 3

b. Provide the necessary manpower for utility, food and other relevant 4

logistical support services for the Office; and, 5

c. Carry out other functions as may be assigned by the Wali. 6

7

Sec. 13. Per Diem and Allowances. - The Wali shall be entitled to receive 8

Per Diems, representation, transportation, and living allowance, and other 9

emoluments appropriate to his stature, in accordance with the Bangsamoro Organic 10

Law and other regional laws, subject to the usual government accounting and 11

auditing principles.5 1 12

13

The Per Diem shall be sourced from the funds of the Office of the Wali and 14

shall be provided for in the annual Bangsamoro Appropriations Act. 15

16

Sec. 14. Notice to the Wali. - All offices that will conduct public 17

ceremonies requiring the attendance of the Wali shall give prior written notice to the 18

Office. 19

20

Sec. 15. Facilities. - The Bangsamoro Government shall provide adequate 21

facilities for the efficient functioning of the Office. 22

23

The Wali shall also be provided an official residence during his tenure with 24

necessary supplies and equipment deserving his stature as the ceremonial head of 25

the Bangsamoro Government. 26

27

28

TITLE III: 29

Bangsamoro Parliament 30

31

Sec. 1. Powers of the Bangsamoro Parliament. – The Bangsamoro 32

Parliament shall exercise the powers granted to it under Section 5, Article VII of the 33

Bangsamoro Organic Law.5 2 34

35

51

Derived from Sec. 5, Art. VIII, BOL 52

a) Enact laws to promote, protect, and ensure the general welfare of the Bangsamoro people and other

inhabitants in the Bangsamoro Autonomous Region; b) Call for a referendum on important issues affecting the Bangsamoro Autonomous Region;

c) Enact a law on initiatives; d) Conduct inquiries in aid of legislation in accordance with its rules. The rights of persons appearing in or

affected by such inquiries shall be respected; e) Enact a law that allows the Chief Minister, Speaker of the Parliament, and the Presiding Justice of the

Shari'ah High Court to augment any item in the general appropriations law for their respective offices

from savings in other items of their respective appropriations; f) Enact a law within the competencies of the Bangsamoro Government to regulate the grant of regional

franchises and concessions, and empower the Chief Minister to grant leases, permits, and licenses over agricultural lands and for forest management;

g) Discipline its members as provided in Section 26, Article VII of the Bangsamoro Organic Law; h) Enact laws declaring Bangsamoro holidays; and i) Be consulted on matters affecting the environment.

19

Sec. 2. Composition. – The Parliament shall be composed of eighty (80) 1

members, unless otherwise increased by the Congress of the Philippines5 3 . 2

3

Sec. 3. Classification and Allocation of Seats. – The seats in the 4

Parliament shall be classified and allocated as follows: 5

6

(a) Party Representatives. – One-half of the members of the Parliament 7

shall be representatives of political parties who are elected through a system of 8

proportional representation based on the Bangsamoro territorial jurisdiction. 9

10

Any organized group in the Bangsamoro Autonomous Region may register as a 11

political party with the Bangsamoro Electoral Office, with qualifications to be 12

prescribed by the Bangsamoro electoral code. 13

14

Each registered political party shall submit to the Bangsamoro Electoral Office 15

before the election a manifestation of intent to participate in the parliamentary 16

election of party representatives in the Bangsamoro Autonomous Region, 17

incorporating therein a list of nominees, ranked from one (1) to forty (40), from 18

which party representatives shall be chosen in case they obtain the required number 19

of votes. No person shall be nominated in more than one (1) list. 20

21

The number of seats allocated for each political party shall be based 22

proportionately on the percentage of votes obtained by each political party as against 23

the total votes cast in the Bangsamoro Autonomous Region for the election of party 24

representatives. 25

26

Any elected party representative who changes political party affiliation during 27

the representative’s term of office shall forfeit the seat in the Parliament: Provided, 28

That if the elected party representative changes political party affiliation within six 29

(6) months before an election, the same person shall not be eligible for nomination 30

as party representative under the new party or organization. 31

32

(b) Parliamentary District Seats. – Not more than forty percent (40%) of 33

the members of Parliament shall be elected from single member parliamentary 34

districts apportioned for the areas and in the manner provided for by the Parliament. 35

The allocation of the parliamentary district seats shall be determined by the 36

Bangsamoro Transition Authority as provided for in Section 4, Article XVI thereof. In 37

the allocation of district seats, the Bangsamoro Transition Authority shall adhere to 38

the standards set in Section 10, Article VII of the Bangsamoro Organic Law. 39

40

The Parliament may, by law, undertake new redistricting in order to ensure a 41

more equitable representation of the constituencies in the Parliament. 42

43

The district representatives shall be elected through direct plurality vote by 44

the registered voters in the parliamentary districts. 45

46

(c) Reserved Seats and Sectoral Representatives. – Reserved seats and 47

sectoral representatives shall constitute at least ten percent (10%) of the members of 48

the Parliament, which shall include two (2) reserved seats each for non-Moro 49

53

See Sec. 6, Art. VII, BOL

20

indigenous peoples and settler communities. Women, youth, traditional leaders, and 1

the Ulama shall have one sectoral seat each: Provided, That the reserved seats and 2

sectoral representatives shall in no case be less than eight (8) seats. 3

4

The Parliament shall determine the manner of election of the reserved seats 5

and sectoral representatives. 6

7

For the first parliamentary election following the ratification of the 8

Bangsamoro Organic Law, the allocation of reserved and sectoral representative 9

seats shall be determined by the Bangsamoro Parliament as provided for in the 10

Bangsamoro Organic Law.5 4 11

12

Sec. 4. Election for Reserved Seats for Non-Moro Indigenous 13

Peoples. – Notwithstanding the immediately preceding sections, reserved seats for 14

non-Moro indigenous peoples such as Teduray, Lambangian, Dulangan Manobo, 15

B’laan, and Higaonon shall adhere to their customary laws and indigenous processes 16

based on the following: 17

18

a. Primacy of customary laws and practices; 19

b. Primacy of consensus building; 20

c. Acceptability to the community; 21

d. Inclusivity and full participation; 22

e. Representation of the collective interests and aspirations of non-Moro 23

indigenous peoples; 24

f. Sustainability and strengthening of indigenous political structures; 25

g. Track record and capability; and 26

h. Gender equality.5 5 27

28

Sec. 5. Regional Parties. – A free and open regional party system shall be 29

allowed to evolve according to the free choice of the people. Towards this end, only 30

regional political parties duly accredited by the Bangsamoro Electoral Office, as 31

approved by the Commission on Elections, shall participate in the parliamentary 32

elections in the Bangsamoro Autonomous Region. The Bangsamoro Government 33

shall ensure the inclusion of women’s agenda and the involvement women and the 34

youth in the electoral nominating process of the political parties.5 6 35

36

Sec. 6. Term of Office. – The term of office of the members of the 37

Parliament shall be three (3) years: Provided, That no member shall serve for more than 38

three (3) consecutive terms. Voluntary renunciation of office for any length of time or 39

the dissolution of the Parliament by the Wali shall not be considered as an interruption 40

in the continuity of the service for the full term for which the member was elected.5 7 41

42

Sec. 7. Qualifications. – No person shall be a member of the Parliament 43

unless the person is a citizen of the Philippines, at least twenty-five (25) years of age on 44

the day of the election, able to read and write, and a registered voter in the 45

Bangsamoro Autonomous Region. 46

54





21

1

A candidate for youth representative shall not be less than eighteen (18) years 2

and not more than thirty (30) years of age at the time of election. 3

4

A candidate for district representative must be a registered voter of the district 5

in which the person is a candidate, and has resided in the district for at least one (1) 6

year immediately preceding the day of the election.5 8 7

8

Sec. 8. Remuneration of Members of Parliament. – Until the 9

Parliament provides otherwise, the remuneration of Members of Parliament shall 10

consist of: 11

12

a. In the case of the Chief Minister, salaries and emoluments equivalent to 13

Salary Grade 31 based on the Revised Compensation and Position 14

Classification System of the National Government as provided under 15

Republic Act No. 6758, as amended; 16

b. In the case of the Deputy Chief Ministers and the Speaker of the Parliament, 17

salaries and emoluments equivalent to Salary Grade 30 based on the 18

Revised Compensation and Position Classification System of the National 19

Government as provided under Republic Act No. 6758, as amended; and 20

c. In the case of Members of Parliament, salaries and emoluments equivalent 21

to Salary Grade 29 based on the Revised Compensation and Position 22

Classification System of the National Government as provided under 23

Republic Act No. 6758, as amended. 24

No increase in the compensation shall take effect until after the expiration of 25

the full term of all the members of the Parliament approving such increase. 26

27

Members of the Parliament shall not receive during their tenure other salary 28

and emoluments from the Bangsamoro Government or from the National 29

Government.5 9 30

31

Sec. 9. Disclosure. – Members of the Parliament shall, upon their 32

assumption of office, make a full disclosure of their financial and business interests, 33

including those of their spouses and children. They shall notify the Parliament of any 34

potential conflict of interest that may arise from the filing of bills or resolutions of which 35

they are authors.6 0 36

37

Sec. 10. Prohibition Against Conflict of Interest. – The Chief Minister, 38

Deputy Chief Ministers, members of the Cabinet, and members of the Parliament, 39

during their term, shall not engage, directly or indirectly, in any business or commercial 40

enterprise in the Bangsamoro Autonomous Region where there may be a conflict of 41

interest in the exercise of their functions.6 1 42

43

58


Derived from Sec. 13, Art. VII, BOL 60



22

No member of the Parliament may personally appear as counsel before courts 1

of justice or quasi-judicial and other administrative bodies within the Bangsamoro 2

Autonomous Region. Neither shall a member be, directly or indirectly, financially 3

interested in any contract with, or in any franchise or special privilege granted by the 4

Bangsamoro Government, or any subdivision, agency, or instrumentality thereof, 5

including any government-owned or controlled corporation or its subsidiary, during the 6

member’s term of office, nor intervene in any manner before any office of the 7

Bangsamoro Government for the member’s pecuniary benefit or where the member 8

may be called upon to act on account of the member’s office. 9

10

Sec. 11. Prohibited Business and Pecuniary Interest. – (1) It shall be 11

unlawful for the Chief Minister, Deputy Chief Ministers, members of the Cabinet, 12

and members of the Parliament to directly or indirectly: 13

14

a. Engage in any business transaction with the Bangsamoro Government or 15

with any of its authorized boards, officials, agents, or attorneys, whereby 16

money is to be paid, or property or any other thing of value is to be 17

transferred, directly or indirectly, out of the resources of the Bangsamoro 18

Government to such person or firm; 19

b. Hold such interests in any cockpit or other games licensed by the 20

Bangsamoro Government; 21

c. Purchase any real estate or other property forfeited in favor of the 22

Bangsamoro Government for unpaid taxes or assessment, or by virtue of a 23

legal process at the instance of the Bangsamoro Government; 24

d. Be a surety for any person contracting or doing business with the 25

Bangsamoro Government for which a surety is required; and 26

e. Possess or use any public property of the Bangsamoro Government for 27

private purposes. 28

29

(2) All other prohibitions governing the conduct of national public officers 30

relating to prohibited business and pecuniary interest so provided for under Republic 31

Act No. 6713 or the "Code of Conduct and Ethical Standards for Public Officials and 32

Employees" and other laws shall also be applicable to the Chief Minister, Deputy 33

Chief Ministers, members of the Cabinet, and members of the Parliament.6 2 34

35

Sec. 12. Practice of Profession. – (1) The Chief Minister, Deputy Chief 36

Ministers, and members of the Cabinet, including members of the Parliament 37

holding Cabinet positions, are prohibited from practicing their profession or 38

engaging in any occupation other than the exercise of their functions as officials of 39

the Bangsamoro Government. 40

41

(2) Members of the Parliament who are not holding Cabinet positions may 42

practice their professions, engage in any occupation, or teach in schools except 43

during session hours: Provided, That members of the Parliament who are also 44

members of the Philippine Bar shall not: 45

46

a. Appear as counsel before any court in any civil case wherein the 47

Bangsamoro Government or any office, agency, or instrumentality of the 48

government is the adverse party; 49

62


23

b. Appear as counsel in any criminal case wherein an officer or employee of 1

the National Government or the Bangsamoro Government is accused of an 2

offense committed in relation to the office; 3

c. Collect any fee for appearance in administrative proceedings involving the 4

Bangsamoro Government; and 5

d. Use property and personnel of the government except when the member 6

concerned is defending the interest of the government. 7

8

(3) Doctors of medicine may practice their profession even during official 9

hours of work only on occasions of emergency: Provided, That the members 10

concerned do not derive monetary compensation therefrom.6 3 11

12

Sec. 13. Forfeiture of Seat. – A Member of Parliament shall forfeit his/her 13

seat under any of the following circumstances: 14

15

a. Voluntary resignation in the form of either a written or oral declaration in 16

the Parliament; 17

b. Conviction of a grave offense by a regular court or a finding of guilt of a 18

grave offense as defined by the rules of the Bangsamoro Parliament for 19

treason, high crimes, heinous crimes, crimes against morality, or other 20

crimes punishable by more than six (6) years; 21

c. Permanent physical or mental incapacity, inability to discharge the duties 22

of a member of the Bangsamoro Parliament, or death; 23

d. Substitution by the party to which the member belongs with another 24

member of the same party, the member having been elected under the 25

proportional representation system; 26

e. Transfer to another party during one’s incumbency as member of the 27

Bangsamoro Parliament, the member having been elected under the 28

proportional representation system; 29

f. Expulsion by the Bangsamoro Parliament for disorderly behavior, with the 30

concurrence of two-thirds of all its members; and 31

g. Such other grounds as may be provided in the Bangsamoro Electoral 32

Code.6 4 33

34

Sec. 14. Filling of Vacancy. – In case of a vacancy of a proportional 35

representation seat, the party to which that seat belongs shall fill the vacancy. 36

37

In case of a vacancy of a district seat by an affiliated member of the Bangsamoro 38

Parliament, the party to which the member belongs shall, within thirty (30) days from 39

the occurrence of such vacancy, nominate a substitute who shall be appointed by the 40

Chief Minister subject to the Bangsamoro Electoral Code. 41

42

In case of a vacancy in the seat occupied by an unaffiliated member of the 43

Bangsamoro Parliament occurring at least one (1) year before the expiration of the 44

term of office, a special election may be called to fill such vacancy in the manner 45

prescribed by law enacted by the Bangsamoro Parliament. 46

47

63



24

The appointed or elected member of the Bangsamoro Parliament, as the case 1

may be, shall serve the unexpired term of the vacant office.6 5 2

3

Sec. 15. Privileges and Immunities. – Any member of the Bangsamoro 4

Parliament who commits an offense within the Bangsamoro Autonomous Region that is 5

punishable by not more than six (6) years imprisonment, shall be privileged from arrest 6

while the Bangsamoro Parliament is in session. 7

8

No member of the Bangsamoro Parliament shall be questioned or be held liable 9

in any other place for any speech or debate in the Bangsamoro Parliament or in any of 10

its committees.6 6 11

12

Sec. 16. Right to Initiate Legislation. - The right to initiate legislation is 13

primarily lodged in the Government of the Day6 7 . District-specific bills may, on the 14

other hand, be introduced by the members of the Parliament elected from single 15

parliamentary districts referred to in Section 7, Article VII of the Bangsamoro 16

Organic Law. Members of Parliament may, both in plenary session and in committee, 17

table requests, questions, interpellations and motions for which presence of the Chief 18

Minister and/or the Bangsamoro Cabinet may be summoned. The Parliament shall 19

regulate popular initiative as regards the submission of bills which are to be 20

considered by it, in accordance with whatever is established by the Parliamentary 21

Rules and Procedures. 22

23

Sec. 17. Appropriations. – No public money including the block grant and 24

other national government subsidies and support funds given in lump sum shall be 25

spent without an appropriations act clearly defining the purpose for which it is 26

intended. The Bangsamoro Parliament shall pass an annual appropriations law.6 8 27

28

Sec. 18. Budget. – The form, content, and manner of preparation of the 29

Bangsamoro Government budget shall be prescribed by law enacted by the 30

Bangsamoro Parliament, consistent with existing laws, rules and regulations, and 31

submitted by the Bangsamoro Budget Office under the Ministry of Finance and Budget 32

and Management.6 9 33

34

Sec. 19. Reenacted Budget. – If, by the end of a fiscal year, the Bangsamoro 35

Parliament shall have failed to pass the Bangsamoro appropriations bill for the ensuing 36

fiscal year, the Bangsamoro appropriations law for the preceding fiscal year shall be 37

deemed reenacted and shall remain in force and effect until a new Bangsamoro 38

appropriations bill is passed by the Bangsamoro Parliament. 39

40

Only the annual appropriations for salaries and wages of existing positions, 41

statutory and contractual obligations, and operating expenses authorized in the annual 42

budget of the preceding year shall be deemed reenacted and the disbursement of funds 43

shall be in accordance therewith.7 0 44 65



For purposes of the transition, it is the Bangsamoro Cabinet that is considered as the Government of the Day. 68


Derived from Sec. 28, Art. VII, BOL 70


25

TITLE IV: 1

The Bangsamoro Cabinet 2

3

4

Chapter 1 5

Executive Officers 6

7

Sec. 1. Head of the Bangsamoro Cabinet. - The Chief Minister is the head 8

of the Bangsamoro Cabinet, consisting of th0065 cabinet ministers of the fifteen (15) 9

primary ministries, and heads of offices or agencies, who by law, are determined to 10

be members of the cabinet. 11

Sec. 2. Qualifications of the Chief Minister. - No person shall be elected 12

as Chief Minister unless a member of the Parliament, a natural-born citizen of the 13

Philippines, and at least twenty-five(25) years of age on the day of the election.7 1 14

Sec. 3. Election of the Chief Minister. On the first day of session 15

following the election of the members of the Parliament, the Parliament shall elect 16

the Chief Minister by a majority vote of all its members. 17

If no member of the Parliament obtains the majority vote necessary to be 18

elected Chief Minister in the first round of voting, a runoff election shall be 19

conducted: Provided, That the members of the Parliament shall elect the Chief 20

Minister from the two (2) candidates who obtained the highest number of votes cast 21

in the first round.7 2 22

Sec. 4. Powers, Duties, and Functions of the Chief Minister. - The 23

Chief Minister shall exercise the powers, duties, and functions enumerated under 24

Section 32, Article VII of the Bangsamoro Organic Law.7 3 25

Sec. 5. Administration of the Oath of Office. - The oath of office and 26

swearing of the Chief Minister and all the members of the Parliament upon their 27

election shall be administered by the Wali.7 4 28

Sec. 6. Membership in Other Offices. - The Chief Minister shall be a 29

member of the Mindanao Development Authority. The Chief Minister shall be an ex 30

officio member of the National Security Council, the National Economic and 31

71



a) Head of 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 char ters; 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 l ife or property in the Bangsamoro

Autonomous Region; and h) Exercise such other powers and functions inherent to the office. 74

Derived from Sec. 33, Art. VII, BOL

26

Development Authority Board on matters concerning the Bangsamoro Autonomous 1

Region, and other offices as may be provided by law or other issuances.7 5 2

Sec. 7. Vacancy in the Office of the Chief Minister. - In case of death, 3

permanent disability, removal from office, or resignation of the Chief Minister, the 4

Deputy Chief Minister, more senior in age, shall assume the Chief Minister who shall 5

serve in acting capacity pending the election of a new Chief Minister by the 6

Bangsamoro Parliament. The election shall be held within thirty (30) days from the 7

occurrence of the vacancy.7 6 8

9

In case of death, permanent disability, removal from office, or the resignation 10

of both the Chief Minister and the Deputy Chief Ministers, the Speaker of the 11

Bangsamoro Parliament shall act as the Chief Minister until the Chief Minister and 12

the Deputy Chief Ministers are elected and qualified in an election among members 13

of the Parliament.7 7 14 15

Upon his/her assumption as acting Chief Minister, the Speaker of the 16

Bangsamoro Parliament shall temporarily vacate his/her position as such and an 17

interim speaker shall be elected. Upon the election and assumption of office of a new 18

Chief Minister, the Speaker shall reassume his/her office. 19

20

No special election shall be called to fill a vacancy occurring within one (1) 21

year immediately preceding the next regular election. In case of temporary incapacity 22

of the Chief Minister to perform his/her duties on account of physical or legal causes, 23

or when he/she is on official leave of absence or on travel outside the territorial 24

jurisdiction of the Republic of the Philippines, the Chief Minister may designate an 25

Acting Chief Minister from among the members of the Bangsamoro Cabinet. 26

27

Sec. 8. The Deputy Chief Ministers. – There shall be two (2) Deputy 28

Chief Ministers who shall be nominated by the Chief Minister and elected by 29

members of the Bangsamoro Parliament. 30

31

The Bangsamoro Autonomous Region shall have three (3) subregions, 32

namely: South Western Mindanao, North Central Mindanao, and South Central 33

Mindanao, all within the Bangsamoro territorial jurisdiction. To ensure 34

representation of all the subregions, the two (2) Deputy Chief Ministers shall come 35

from the other two (2) sub-regions different from that of the Chief Minister. 36

37

The Deputy Chief Ministers shall provide advisory or consultative services to 38

the Chief Minister on matters concerning their respective subregion. 39

40

The Deputy Chief Ministers may each hold a cabinet position.7 8 41

42

Sec. 9. Dissolution of Parliament Upon a Vote of No Confidence. – 43

Within seventy-two (72) hours upon a vote of no confidence of at least two-thirds 44

(2/3) of all the members of the Parliament against the Government of the Day, the 45

75


See last paragraph of Sec. 34, Art. VII, BOL 77

In order to prevent vacancy and to ensure continuity in government. 78


27

Chief Minister shall advise the Wali to dissolve the Parliament and call for a new 1

parliamentary election. The election for a new parliament shall be held not later than 2

one hundred twenty (120) days from the date of dissolution. 3

4

The incumbent Chief Minister and the Cabinet shall continue to conduct the 5

affairs of the Bangsamoro Government until a new Parliament is convened and a new 6

Chief Minister is elected and qualified. 7

8

In no case shall the Wali countermand the advice of the Chief Minister.7 9 9

10

Sec. 10. Prohibitions During Holdover. – After a vote of no confidence 11

against the government of the day shall have been obtained, and before a new 12

government is formed, the Chief Minister and the Cabinet shall not contract loans, 13

approve new contracts, or disburse public funds except those for payment of salaries 14

and wages and expenses for the regular operations of the government. 15

16

The Chief Minister and the Cabinet, during the holdover period, shall not 17

make appointments, except temporary appointments to positions when continued 18

vacancies therein will prejudice public service or endanger public safety.8 0 19

20

21

Chapter 2 22

Administrative Organization 23

24

Sec. 11. Organization of the Bureaucracy. – The Bangsamoro 25

Government shall have the power to create offices and organize its own bureaucracy. 26

It may establish other offices and institutions necessary for the exercise of its 27

functions and delivery of social services in the Bangsamoro Autonomous Region.8 1 28

29

In the exercise of executive authority, the Chief Minister shall have continuing 30

authority to reorganize executive offices, as provided under Sec. 74, Chapter 4, Title 31

I, Book IV of this Code. 32

33

Sec. 12. Ministers. – Consistent with Section 1, Chapter 1 of this Title, the 34

Chief Minister shall organize the Bangsamoro Cabinet, majority of whom shall come 35

from the Parliament. The Chief Minister shall also appoint such other ministers 36

and/or officers as may be necessary to perform the functions of government. 37

38

Sec. 13. The Bangsamoro Cabinet. – Without prejudice to the authority 39

of the Bangsamoro Government to reorganize the Cabinet and create new Offices, the 40

Bangsamoro Cabinet shall be composed of the following ministries with sub-offices, 41

namely: 42

43

a. Finance, and Budget and Management; 44

b. Social Services and Development; 45

c. Trade, Investments, and Tourism; 46

d. Labor and Employment; 47

79




28

e. Transportation and Communications; 1

f. Basic, Higher, and Technical Education; 2

g. Indigenous Peoples’ Affairs; 3

h. Health; 4

i. Public Works; 5

j. Interior and Local Government; 6

k. Environment, Natural Resources, and Energy; 7

l. Human Settlements and Development; 8

m. Science and Technology; 9

n. Agriculture, Fisheries, and Agrarian Reform; and 10

o. Public Order and Safety.8 2 11

12

Sec. 14. Deputy Ministers. – The Chief Minister shall appoint Deputy 13

Ministers in the ministries above-enumerated. 14

15

Sec. 15. Term of Office of Ministers and their Deputies. - The term of 16

office of Ministers and their deputies shall be co-terminus with the Chief Minister, 17

unless sooner removed by the latter. 18

19

Sec. 16. Other cases when a Minister ceases to hold office. - A 20

Minister shall also cease to hold office: 21

22

a. If he/she files a certificate of candidacy for any elective position. Nominees 23

under the party system in the Parliament are not covered by this provision; 24

b. If he/she resigns as Minister; 25

c. If he/she is elected as Speaker, Deputy Speaker, Majority Floor Leader, or 26

Minority Floor Leader of the Bangsamoro Parliament. 27

28

Sec. 17. Ministers to remain Members of Parliament. - Members of 29

Parliament who are appointed Ministers shall retain their membership in the 30

Parliament. 31

32

Sec. 18. Prohibition from Double Compensation. – Consistent with 33

the last paragraph of Section 13, Article VII of the Bangsamoro Organic Law, 34

Ministers who are at the same time Members of the Parliament shall receive only 35

such salaries and emoluments as Members of the Parliament. Nothing herein shall, 36

however, proscribe ministers from receiving allowable honoraria and other 37

allowances for services rendered as such, subject to the usual accounting and 38

auditing rules and regulations of the government.8 3 39

40

41

42

43

82

Derived from Sec. 8, Art. XVI, BOL 83

Since the functions are different in nature (legislative v. executive), it would be justifiable to allow collection of honoraria and/or allowances.

29

TITLE V: 1

The Bangsamoro Justice System 2

Sec. 1. Justice System in the Bangsamoro. - The Bangsamoro justice 3

system shall be administered in accordance with the unique cultural and historical 4

heritage of the Bangsamoro. 5

The dispensation of justice in the Bangsamoro Autonomous Region shall be in 6

consonance with the Constitution, Shari'ah, traditional or tribal laws, and other 7

relevant laws. 8

Shari'ah or Islamic law forms part of the Islamic tradition derived from 9

religious precepts of Islam, particularly the Qur'an and Sunnah. 10

Shari'ah shall apply exclusively to cases involving Muslims. Where a case 11

involves a non-Muslim , Shari'ah law may apply only if the non-Muslim voluntarily 12

submits to the jurisdiction of the Shari'ah court. 13

The traditional or tribal laws shall be applicable to disputes of indigenous 14

peoples within the Bangsamoro Autonomous Region. 15

The provisions of this Article shall not prejudice the rights of non-Muslims 16

and nonindigenous peoples.8 4 17

Sec. 2. Shari'ah Courts. - Shari'ah courts within the Bangsamoro 18

territorial jurisdiction shall form part of the Philippine judicial system subject to the 19

supervision of the Supreme Court. The regular courts within the Bangsamoro 20

Autonomous Region shall continue to function under the supervision of the Supreme 21

Court.8 5 22

Sec. 3. Power of the Parliament to Enact Laws Pertaining to 23

Shari'ah. - The Parliament shall have the power to enact laws on personal, family, 24

and property law jurisdiction. 25

For this purpose, the Parliament shall enact laws governing commercial and 26

other civil actions not provided for under Presidential Decree No. 1083, as amended, 27

otherwise known as " Code of Muslim Personal Laws of the Philippines," and 28

criminal jurisdiction on minor offenses punishable by arresto menor or ta'zir which 29

must be equivalent to arresto menor or fines commensurate to the offense.8 6 30

Sec. 4. Jurisdiction of the Shari'ah Circuit Courts. - 31

The Shari'ah Circuit Courts in the Bangsamoro Autonomous Region shall exercise 32

exclusive original jurisdiction over the following cases where either or both parties 33

are Muslims: Provided, That the non-Muslim party voluntarily submits to its 34

jurisdiction: 35

84

See Sec. 1, Art. X, BOL 85


See Sec. 4, Art. X, BOL

30

a. All cases involving offenses defined and punishable under Presidential 1

Decree No. 1083, where the act or omission has been committed in the 2

Bangsamoro Autonomous Region; 3

b. All civil actions and proceedings between parties residing in the 4

Bangsamoro Autonomous Region who are Muslims or have been married 5

in accordance with Article 13 of Presidential Decree No. 1083, involving 6

disputes relating to: 7

8

i. Marriage; 9

ii. Divorce; 10

iii. Betrothal or breach of contract to marry; 11

iv. Customary dower or mahr; 12

v. Disposition and distribution of property upon devorce; 13

vi. Maintenance and support, and consolatory gifts; and 14

vii. Restitution of marital rights; 15

16

c. All case involving disputes relative to communal properties; 17

d. All cases involving ta'zir offenses defined and punishable 18

under Shari'ah law enacted by the Parliament punishable by arresto 19

menor or corresponding fine, or both; 20

e. All civil actions under Shari'ah law enacted by the Parliament involving 21

real property in the Bangsamoro Autonomous Region where assessed 22

value of the property does not exceed Four hundred thousand pesos 23

(₱400,000.00); and 24

f. All civil actions, if they have not specified in an agreement which law shall 25

govern their relations, where the demand or claim does not exceed Two 26

hundred thousand pesos (₱200,000.00).8 7 27

Sec. 5. Jurisdiction of the Shari'ah District Courts. - 28

The Shari'ah District Courts in the Bangsamoro Autonomous Region shall exercise 29

exclusive original jurisdiction over the following cases where either or both are 30

Muslims: Provided, That the non-Muslim party voluntarily submits to its 31

jurisdiction: 32

a. All cases involving custody, guardianship, legitimacy, and paternity and 33

filiation arising under Presidential Decree No. 1083; 34

b. All cases involving disposition, distribution, and settlement of the estate of 35

deceased Muslims, probate of wills issuance of letters of administrators or 36

executors regardless of the nature or the aggregate value of the property; 37

c. Petitions for the declaration of absence and death, and for the cancellation 38

or correction of entries in the Muslim Registries mentioned in Title VI of 39

Book Two of Presidential Decree No. 1083; 40

d. All actions arising from customary and Shari'ah compliant contracts in 41

which the parties are Muslims, if they failed to specify the law governing 42

their relations; 43

87


31

e. All petitions for mandamus, prohibition, injunction, certiorari, habeas 1

corpus, and all other auxiliary writs and processes, in aid of its appellate 2

jurisdiction; 3

f. Petition for the constitution of a family home, change of name, and 4

commitment of an insane person to an asylum; 5

g. All other personal and real actions not falling under the jurisdiction of the 6

Shari'ah Circuit Courts wherein the parties involved are Muslims, except 7

those for forcible entry and unlawful detainer, which shall fall under the 8

exclusive original jurisdiction of the Municipal Trial Court; 9

h. All special civil actions for interpleader or declaratory relief wherein the 10

parties are Muslims residing in the Bangsamoro Autonomous Region or 11

the property involved belongs exclusively to Muslim and is located in the 12


i. All civil actions under Shari'ah law enacted by the Parliament involving 14

real property in the Bangsamoro Autonomous Region where the assessed 15

value of the property exceeds Four hundred thousand pesos 16

(₱400,000.00); and 17

j. All civil actions, if they have not specified in the agreement which law shall 18

govern their relations where the demand or claim exceeds Two hundred 19

thousand pesos (₱200,000.00). 20

The Shari'ah District Court in the Bangsamoro Autonomous Region shall 21

exercise appellate jurisdiction over all cases decided upon the Shari'ah Circuit Courts 22

in the Bangsamoro Autonomous Region within its territorial jurisdiction as provided 23

under Article 144 of Presidential Decree No. 1083, as amended.8 8 24

Sec. 6. Shari'ah High Court. - There is hereby created within the 25

Bangsamoro territorial jurisdiction, as part of the Philippine judicial system, 26

a Shari'ah High Court. It shall exercise exclusive original jurisdiction over the 27

following cases where either or both parties are Muslims: Provided, That the non-28

Muslim party voluntarily submits to its jurisdiction: 29

a. All petitions for mandamus, prohibition, injunction, certiorari, habeas 30

corpus, and all other auxiliary writs and processes, in aid of its appellate 31

jurisdiction; and 32

b. All actions for annulment of judgements of Shari'ah District Courts within 33

outside the Bangsamoro Autonomous Region. 34

The decisions of the Shari'ah High Court shall be final and executory except on 35

questions of law which may be raised before the Supreme Court following the 36

procedure for appeals from the Court of Appeals to the Supreme Court. 37

88


32

Nothing contained herein shall affect the original and appellate jurisdiction of 1

the Supreme Court as provided in the Constitution.8 9 2

Sec. 7. Composition and Organization of the Shari'ah High Court. – 3

The Shari'ah High Court shall be composed of five (5) Justices, including the 4

Presiding Justice.9 0 5

The Parliament may recommend to the Supreme Court the complete 6

organization of the Shari’ah High Court in Cotabato City, where the seat of the 7

Bangsamoro Government is located. 8

Sec. 8. Shari'ah High Court Administrator and Clerk of Court. - The 9

Supreme Court shall, upon recommendation of the Presiding Justice of the Shari'ah 10

High Court, appoint the court administrator and clerk of court of the High Court. 11

Such other personnel as may be necessary for the Shari'ah High Court shall be 12

appointed by the Presiding Justice of said court. 13

The pertinent provisions of existing law regarding the qualifications, 14

appointments, compensations, functions, duties, and other matters relative to the 15

personnel of the Court of Appeals shall apply to those of the Shari'ah High Court.9 1 16

Sec. 9. Compensation, Benefits, Tenure, and Privileges. - Justices of 17

the Shari'ah High Court shall have the same rank, prerogatives, salaries, allowances, 18

benefits, tenure, and privileges as the Justices of the Court of Appeals. 19

Judges of the Shari'ah District Courts shall have the same rank, prerogatives, 20

salaries, allowances, benefits, tenure, and privileges as judges of the Regional Trial 21

Court. 22

Judges of the Shari'ah Circuit Courts shall have the same rank, prerogatives, 23

salaries, allowances, benefits, tenure, and privileges as judges of the Municipal Trial 24

Court. 25

Pending the complete organization of the Shari'ah High Court, the decisions of 26

the Shari'ah Courts shall be appealable to the Court of Appeals.9 2 27

Sec. 10. Qualifications of Shari'ah Judges. - 28

a. Shari'ah Circuit Court - No person shall be appointed judge of 29

the Shari'ah Circuit Court unless a citizen of the Philippines who is a 30

Muslim, a regular member of the Philippine Bar, at least thirty (30) years of 31

age, must have been engaged in the practice of law for five (5) years or more, 32

and has completed at least two (2) years of Shari'ah or Islamic 33

Jurisprudence. 34

35

89


See Sec. 9, ART. X, BOL 91

Derived from Sec. 14, Art. VIII of R.A. No. 9054 92


33

b. Shari'ah District Court - No person shall be appointed judge of 1

the Shari'ah District Court unless a citizen of the Philippines who is a 2

Muslim, a regular member of the Philippine Bar, at least thirty-five (35) 3

years of age, must have been engaged in the practice of law for ten (10) years 4

or more, and has completed at least two (2) years of Shari'ah or Islamic 5

Jurisprudence. 6

7

c. Shari'ah High Court - No person shall be appointed as justice of 8

the Shari'ah High Court unless a natural-born citizen of the Philippines who 9

is a Muslim, a regular member of the Philippine Bar, at least forty (40) years 10

of age, must have been engaged in the practice of law for fifteen (15) years or 11

more, and has completed at least two years of Shari'ah or Islamic 12

Jurisprudence. 13

A Shari'ah Justice or Judge must be a person of competence, integrity, probity, 14

and independence. 15

The Supreme Court may grant the incumbent Shari'ah District and Circuit 16

Court judges who are not regular members of the Philippine Bar a reasonable period 17

within which to qualify, pending which they shall allowed to continue discharging 18

their duties.9 3 19

Sec. 11. Practice of Law Before Shari'ah Courts. - The following are 20

eligible to practice before Shari'ah courts: 21

a. A Shari'ah counselor-at-law; and 22

b. A regular member of the Philippine Bar: Provided, That a Muslim, or non-23

Muslim who submits to the jurisdiction of the Shari'ah court, who acts on 24

one's behalf as counsel, shall be allowed to appear as such before 25

any Shari'ah court.9 4 26

27

Sec. 12. Appointment and Discipline of Shari'ah Court Personnel. - 28

The Supreme Court shall appoint the Shari'ah court personnel and shall have the 29

power to discipline them.9 5 30

31

32

A. SHARI’AH PUBLIC ASSISTANCE OFFICE 33

Sec. 13. Composition. – There is hereby created a Shari'ah Public 34

Assistance Office, to be headed by a director assisted by two (2) counselors who are 35

members of the Philippine Shari'ah Bar. They shall be assisted by an immediate 36

staff. 37

The director and two (2) Shari’ah counselors shall be appointed by the Chief 38

Minister. 39

93




34

Unless otherwise provided by regional law, the compensation of the director 1

and the Shari'ah counselors shall be equivalent to the salary grade of a Director III 2

and a trial lawyer of the Public Assistance Office, respectively. 3

The Shari'ah Public Assistance Office is hereby established in each of the 4

Shari'ah judicial districts to provide free legal assistance to poor or indigent party 5

litigants.9 6 6

In the absence of an appropriate ministry or office to which the Shari'ah 7

Public Assistance Office may be attached, it shall, in the interim, be attached to the 8

Office of the Chief Minister. 9

Sec. 14. Functions. – The Shari’ah Public Assistance Office shall have the 10

following functions: 11

12

a. Provide free legal assistance to indigent party litigants with cases before 13

the Shari’ah Courts; 14

b. Prepare and file petitions, complaints and/or responsive pleadings, and 15

represent indigent defendants in ordinary civil actions before the Shari’ah 16

Courts; 17

c. Prepare and file responsive pleadings and represent indigent 18

defendants/respondents in special proceedings before the Shari’ah Courts; 19

d. Prepare affidavits and represent indigents in any stage of criminal 20

proceedings before the Shari’ah Courts; and 21

e. Perform such other functions as may be assigned by higher authorities. 22

23

24

B. SHARI’AH SPECIAL PROSECUTION SERVICE 25

Sec. 15. Composition. – There is hereby created a Shari’ah Special 26

Prosecution Service for Shari’ah administration of justice in the Bangsamoro. The 27

Shari’ah Special Prosecution Service shall be attached to the National Prosecutorial 28

Service of the National Government. The Bangsamoro Government shall recommend 29

the qualified applicants for the position of the Shari’ah prosecutors and personnel of 30

the Shari’ah Special Prosecution Service to the Secretary of Justice of the National 31

Government. 32

33

Sec. 16. Functions. – The Shari’ah Special Prosecution Service shall have 34

the following functions: 35

36

a. Assist in the administration of the Shari’ah justice system in the 37

Bangsamoro; 38

b. Conduct the preliminary investigation and prosecution of criminal cases 39

where both parties are Muslims and they fall under Shari’ah Criminal 40

Justice System, as provided for in the Bangsamoro Organic Law; 41

c. Monitor all criminal cases filed with the Shari’ah Courts, maintain an 42

updated record of the status of each case, and adopt such systems and 43

procedures as will expedite the disposition of such cases; and 44

d. Perform such other functions as may be assigned by higher authorities. 45

96

Derived from Sec. 6, Art. VIII of R.A. No. 9054

35

1

2

C. OFFICE FOR TRADITIONAL OR TRIBAL JUSTICE SYSTEMS 3

4

Sec. 17. Traditional or Tribal Justice Systems. - The indigenous peoples 5

shall have the right to use their own commonly accepted justice systems, conflict 6

resolution institutions, peace building processes or mechanisms, and order 7

customary laws and practices within their respective communities and as may be 8

compatible with the national legal system and with internationally recognized human 9

rights. 10

11

The traditional justice systems are the mechanisms to determine, settle, and 12

decide controversies and enforce decisions involving disputes between members of 13

the indigenous peoples concerned in accordance with the customary laws of these 14

communities.9 7 15

Sec. 18. Office for Traditional or Tribal Justice Systems. – The Office 16

for Traditional or Tribal Justice Systems is hereby created, with the primary 17

responsibility of overseeing the study, preservation, and development of traditional 18

or tribal justice systems within the Bangsamoro Autonomous Region. It shall be 19

attached to the Office of the Chief Minister. 20

The Office for Traditional or Tribal Justice Systems shall ensure the full 21

participation of Moro or non-Moro indigenous peoples in the formulation, 22

implementation, and evaluation of policies, related to the strengthening of tribal 23

justice systems: Provided, That such system shall maintain their indigenous 24

character in accordance with the respective practices of each tribe. 25

Sec. 19. Composition. - The Office for Traditional or Tribal Justice Systems 26

shall be headed by a Director II and assisted by support staff, all of whom shall be 27

appointed by the Chief Minister. Appointees shall be preferably members of tribal 28

communities. 29

30

Sec. 20. Functions. – The Office for Traditional or Tribal Justice Systems 31

shall have the following functions: 32

33

a. Conduct the study and preservation of traditional or tribal justice systems 34

within the Bangsamoro Autonomous Region; 35

b. Promote the development, formulation, implementation, and evaluation of 36

policies, related to the strengthening of tribal justice systems; 37

c. Coordinate with ministries, offices and agencies within the Bangsamoro 38

Autonomous Region to ensure meaningful and timely consultation with 39

tribal leaders in relation to item (b); and 40

d. Perform such other functions as may be assigned by the Chief Minister and 41

higher authorities. 42

43

D. REGULAR COURTS 44

45

97


36

Sec. 21. Regular Courts. - Regular courts in the Bangsamoro Autonomous 1

Region shall continue to exercise their judicial functions, as provided by law.9 8 2

3

Sec. 22. Alternative Dispute Resolution. - The Bangsamoro Government 4

adopts the principles of conciliation and mediation in settling disputes, with the 5

Parliament enacting the necessary legislation to institute the mechanism for 6

alternative dispute resolution. The Shari'ah courts and traditional or tribal 7

adjudicatory tribunals may utilize this mode of settlement and resolution of cases.9 9 8

9

10

11

98



37

BOOK IV 1

THE OFFICE OF THE CHIEF MINISTER 2

3

4

TITLE I: 5

Powers of the Chief Minister 6

7

8

Chapter 1 9

Power of Control 10

11

Sec. 1. Power of Control. – As Head of the Bangsamoro Government, the 12

Chief Minister shall have control of all ministries, agencies, offices, bureaus, 13

commissions, boards and instrumentalities of the Bangsamoro Government. The 14

Chief Minister shall ensure that laws are faithfully executed.1 00 15

16

17

Chapter 2 18

Rule Making Power 19

Sec. 2. Executive Orders. - Acts of the Chief Minister providing for rules of 20

a general or permanent character in implementation or execution of powers vested 21

by the Bangsamoro Organic Law or by law shall be promulgated in executive 22

orders.1 01 23

Sec. 3. Administrative Orders. - Acts of the Chief Minister which relate to 24

particular aspect of governmental operations in pursuance of his duties as head of 25

the Bangsamoro Government shall be promulgated in administrative orders.1 02 26

Sec. 4. Proclamations. - Acts of the Chief Minister fixing a date or 27

declaring a status or condition of public moment or interest, upon the existence of 28

which the operation of a specific law or regulation is made to depend, shall be 29

promulgated in proclamations which shall have the force of an executive order.1 03 30

Sec. 5. Memorandum Orders. - Acts of the Chief Minister on matters of 31

administrative details or of subordinate or temporary interest which only concern a 32

particular officer or office of the Bangsamoro Government shall be embodied in 33

memorandum orders.1 04 34

Sec. 6. Memorandum Circulars. - Acts of the Chief Minister on matters 35

relating to internal administration, which the Chief Minister desires to bring to the 36

attention of all or some of the ministries, agencies, offices, bureaus, commissions, 37

boards and instrumentalities of the Bangsamoro Government, for information or 38

compliance, shall be embodied in memorandum circulars.1 05 39

100

Derived from Sec. 1, Book III, Title I, Chapter I, MMA Act No. 287 101

Derived from Sec. 2, Book III, Title I, Chapter 2, MMA Act No. 287 102




Derived from Sec. 6, Book III, Title I, Chapter 2, MMA Act No. 287

38

1

2

Chapter 3 3

Power of Appointment and Designation 4

Sec. 7. Power of Appointment. – Unless otherwise provided, the Chief 5

Minister shall exercise the power to appoint such officials consistent with the 6

Bangsamoro Organic Law and other applicable laws. 7

Any person who fails to assume the office to which he/she is appointed within 8

thirty (30) days from the date he/she received notice of the appointment shall forfeit 9

the right to assume the position, subject to civil service laws and rules, except if the 10

non-assumption is due to temporary illness or physical disabilities acquired after the 11

said appointment was issued.1 06 12

Sec. 8. Power to Issue Designation. - (1) The Chief Minister may 13

designate an officer already in the government service to perform the functions of an 14

office, in concurrent capacity in appropriate cases, when: (a) the officer regularly 15

appointed to the office is unable to perform his/her duties due to lawful cause/s or by 16

reason of serious illness, unauthorized absence of at least fourteen (14) days; or (b) 17

there exists a vacancy. Provided, that a designation shall not exceed one (1) year and 18

subject to the limitations as may be provided by law.1 07 19

20

21

Chapter 4 22

Power to Contract Loans 23

24

Sec. 9. Power to Contract Domestic or Foreign Loans. - The 25

Parliament, by a vote of the majority of all its members, may authorize the Chief 26

Minister to contract domestic or foreign loans, credits, and other forms of 27

indebtedness to finance the construction, installation, improvement, expansion, 28

operation or maintenance of public utilities, infrastructure facilities, housing 29

projects, acquisition or real property, implementation of other capital investment 30

projects, and for the development and welfare of the people of the Bangsamoro. 31

32

Subject to acceptable credit worthiness, and in compliance with the 33

Constitution, relevant laws and regulations, such loans may be secured from 34

domestic loans requiring sovereign guaranty, whether explicit or implicit, which 35

would require the approval of the National Government. 36

37

The National Government shall assist the Bangsamoro Government in 38

complying with the requirements for a speedy issuance of the sovereign guaranty to 39

finance local infrastructure and other socioeconomic development projects in 40

accordance with the Bangsamoro Development Plan. Within thirty (30) days from 41

the submission by the Bangsamoro Government of its application for sovereign 42

guaranty, the National Government shall inform the Bangsamoro Government of the 43

actions taken on the application.1 08 44

106



See Sec. 24 (a), Art. XII, BOL

39

1

Chapter 5 2

Power of Eminent Domain 3

4

Sec. 10. Power of Eminent Domain. - The Chief Minister shall determine 5

when it is necessary or advantageous to exercise the power of eminent domain in 6

behalf of the Bangsamoro Government, and direct the Bangsamoro Attorney 7

General, whenever such action is deemed appropriate, to institute expropriation 8

proceedings in the proper court.1 09 9

10

11

TITLE II: 12

Organization 13

14

15

A. OFFICE OF THE CHIEF MINISTER 16

Sec. 1. Organization. - The Office of the Chief Minister shall consist of the 17

Office of the Chief Minister Proper and his/her immediate staff, and the offices and 18

agencies under it.1 1 0 19

20

Sec. 2. Office of the Chief Minister Proper. - The Office of the Chief 21

Minister Proper shall consist of: 22

23

1. The Chief Minister; 24

2. The Two (2) Deputy Chief Ministers; 25

3. The Executive Offices, which shall include the Office of the Senior 26

Minister, the Office of the Chief of Staff, the Office of the Cabinet 27

Secretary , the Bangsamoro Attorney General’s Office, and all offices, 28

agencies, boards, commissions, and councils attached to it; and 29

4. The Bangsamoro Management and Support System (BMSS) embraces the 30

following: the Technical Management Service (TMS), Administrative 31

Management Service (AMS), Finance Management Service (FMS), 32

Intelligence and Security Service (ISS), the Procurement Service (PS), the 33

Clinic, the Bangsamoro Satellite Coordinating Offices, the Bangsamoro 34

Liaison Office in Metro Manila, and the Bangsamoro Library and Archives. 35

36

B. THE EXECUTIVE OFFICES 37

Sec. 3. Declaration of Policy. - The Executive Offices shall provide 38

services to deliver specific needs and requirements of the Office of the Chief Minister 39

to achieve the purposes and objectives by which it was established.1 1 1 40

109

Derived from Sec. 7, Chapter 3, Title I, Book III, MMA Act No. 287; See Sec. 2 (w), Art. V, BOL 110

Derived from Sec. 1, Chapter 5, Title II, Book III, MMA Act No. 287 111

Derived from Sec. 6, Book III, Title III, Chapter 6, Letter B

40

Sec. 4. The Office of the Senior Minister. - The Office of the Senior 1

Minister shall consist of the Senior Minister, who shall be assisted by one (1) 2

Assistant Senior Minister and support staff.1 1 2 3

Sec. 5. Powers and Functions of the Senior Minister. - The Senior 4

Minister, subject to the control and supervision of the Chief Minister, shall carry out 5

the functions assigned by law to the Executive Office and shall perform such other 6

duties as may be delegated to him/her. He/she shall: 7

a. Assist the Chief Minister in the management of the affairs of the 8

Bangsamoro Autonomous Government; 9

b. Enforce the execution of directives or orders of the Chief Minister; 10

c. Act on issues and concerns raised by the ministries and offices and such 11

other public and private institutions; 12

d. Exercise primary authority to sign official documents “By Authority of the 13

Chief Minister”, or “For the Chief Minister”, whichever is deemed 14

appropriate, to attest to executive orders and other Chief Minister’s 15

issuances unless attestation is specifically delegated to other officials by 16

him or by the Chief Minister; 17

e. Recommend to the Chief Minister appropriate assignment of offices and 18

agencies not assigned by law under any specific ministry; 19

f. Provide consultative, research, fact-finding and advisory services to the 20

Chief Minister; 21

g. Assist the Chief Minister in the administration of special projects; 22

h. Promulgate such rules and regulations necessary to carry out the 23

objectives, policies and functions of the Office of the Chief Minister Proper; 24

and 25

i. Perform such other functions as the Chief Minister may direct.1 1 3 26

Sec. 6. The Office of the Chief of Staff. – The Office of the Chief of Staff 27

shall be composed of the Chief of Staff, who shall be assisted by support staff.1 1 4 28

Sec. 7. Powers and Functions of the Chief of Staff. – The Chief of Staff 29

shall: 30

a. Manage and supervise Protocols, Appointments and Special Concerns of 31

the Office of the Chief Minister; 32

b. Assist the Chief Minister in the administration of the internal affairs of the 33

Office of the Chief Minister; 34

c. Refer issues, concerns or other actionable matters for appropriate action to 35

the proper offices within the Office of the Chief Minister; 36

d. Recommend executive action on matters affecting the Office of the Chief 37

Minister; and 38

e. Perform other tasks as may be directed by the Chief Minister.1 1 5 39

112

Derived from Book III, Title III, Chapter 6, Letter B 113

Derived from Sec. 8, Book III, Title III, Chapter 6, Letter B 114


Derived from Sec. 12, Book III, Title III, Chapter 6, Letter B

41

Sec. 8. The Cabinet Secretariat. - The Cabinet Secretariat shall consist of 1

the Cabinet Secretary, assisted by an Assistant Cabinet Secretary and support staff.1 1 6 2

Sec. 9. Duties and Functions of the Cabinet Secretary. - The Cabinet 3

Secretary shall: 4

a. Provide secretariat support and technical assistance to the Cabinet, the 5

Cabinet Clusters, and other committees that may be created by the 6

Cabinet; 7

b. Assist the Chief Minister in the formulation and/or generation of agenda 8

topics for cabinet deliberation or facilitate/moderate the discussion of 9

cabinet meetings; 10

c. Facilitate the formulation of Cabinet Bills and the legislative agenda of the 11

Cabinet; 12

d. Coordinate the schedules of cabinet meetings and other multi-ministry 13

meetings; 14

e. Monitor the progress and status on the implementation of the Chief 15

Minister’s directives, issuances and instructions by concerned ministries 16

and agencies/offices agreed during the cabinet meetings and other multi-17

ministry meetings; 18

f. Submit updates to the Chief Minister on the status of the implementation 19

of all directives, issuances and instructions; 20

g. Supervise special programs that may be assigned by the Chief Minister; 21

and 22

h. Perform such other functions as may be directed by the Chief Minister. 23

24

Sec. 10. The Bangsamoro Attorney General’s Office. - The 25

Bangsamoro Attorney General’s Office shall consist of the Bangsamoro Attorney 26

General, assisted by a Bangsamoro Assistant Attorney General, divisions and support 27

staff as provided for under Bangsamoro Autonomy Act No. 5. 28

Sec. 11. Functions of the Bangsamoro Attorney-General. – The 29

Bangsamoro Attorney-General shall: 30

31

a. Be the chief legal counsel of the Bangsamoro Government. As such, 32

he/she shall render legal opinion in all legal matters brought to him/her, 33

to the Parliament, the Chief Minister, and other Ministries of the 34

BARMM, and provide legal advice when called upon by any officials or 35

agents of the BARMM, either motu proprio or when called upon to render 36

such advice; 37

b. Review, vet and interpret local, national, and international documents, 38

contracts, and agreements for and on behalf of the Chief Minister; 39

c. Recommend appropriate actions on administrative complaints lodged 40

before the Office of the Chief Minister; 41

d. May be called upon by the BARMM Intergovernmental Relations officials 42

to assist the Intergovernmental Relations Body when necessary; and 43

e. Perform such other functions as may be provided by law and/or assigned 44

by the Chief Minister.1 1 7 45

116


See Sec. 8 of Bangsamoro Autonomy Act No. 5

42

1

2

3

Sec. 12. Powers of the Bangsamoro Attorney-General. - 4

(1) The Bangsamoro Attorney-General, in discharging his/her functions, shall 5

have the power to: 6

7

a. Require any officer or employee in the Bangsamoro Government to 8

furnish any information in relation to the performance of his/her duties 9

and functions; 10

b. Summon any officer or employee in the Bangsamoro Government, except 11

Members of Parliament, and their immediate staff, to explain and/or 12

provide assistance including case build-up relative to any matter which is, 13

or could be, the subject of litigation by or against the Bangsamoro 14

Government; and 15

c. Administer oaths, consistent with Sec. 41 (2), Chapter 10 of Executive 16

Order No. 292. 17

18

(2) The Bangsamoro Attorney-General shall, in exercise of executive functions: 19

20

a. Subject to the approval of the Cabinet, propose to the Parliament the 21

establishment, merger and or abolition of such divisions, sections or units 22

in the Office as may be necessary for the efficient delivery of legal service; 23

b. Supervise the formulation of policies and plans of the Office; and 24

c. Perform any other action necessary in the administrative interests of the 25

Office. 26

27

(3) The Bangsamoro Attorney-General shall, upon request, appear and advise on 28

any legal matter in any committee of the Bangsamoro Parliament.1 1 8 29

30

Sec. 13. Nature of Offices. – The Senior Minister, Assistant Senior 31

Minister, Chief of Staff, Cabinet Secretary, Assistant Cabinet Secretary, Bangsamoro 32

Attorney General, and Bangsamoro Assistant Attorney General shall all hold office 33

co-terminous with that of the appointing Chief Minister. 34

35

36

C. BANGSAMORO MANAGEMENT SUPPORT SYSTEM 37

Sec. 14. Functions of the Bangsamoro Management Support 38

System (BMSS). – The various support offices in the Office of the Chief Minister 39

Proper, namely: Technical Management Service (TMS), Administrative Management 40

Service (AMS), Finance Management Service (FMS), Intelligence and Security 41

Service (ISS), the Procurement Service (PS), the Clinic, the Bangsamoro Satellite 42

Coordinating Offices, the Bangsamoro Liaison Office in Metro Manila, and the 43

Bangsamoro Library and Archives shall constitute the Bangsamoro Management 44

Support System and shall be organized to carry out the following functions: 45

(1) Technical Management Service (TMS). The Technical Management 46

118

See Sec. 9 of Bangsamoro Autonomy Act No. 5

43

Service shall be composed of a Director III as head, and support staff. It 1

shall: 2

a. Consolidate and prepare annual accomplishment reports, including, 3

foreign-assisted projects implemented through the BARMM ministries, 4

agencies, and offices; 5

b. Prepare programs and project plans and designs for the Office of the 6

Chief Minister; 7

c. Provide research support to the Office of the Chief Minister in the 8

formulation of regional policies, guidelines and legislative agenda; 9

d. Provide technical support to the BARMM ministries, agencies, offices 10

and bureaus, when necessary; 11

e. Assist BARMM ministries, agencies, offices and bureaus in the 12

preparation of the BARMM Annual Budget; 13

f. Maintain a performance database system of the BARMM ministries, 14

agencies, offices and bureaus; 15

g. Regularly apprise the Chief Minister on the status of all 16

plans/programs/projects implemented by BARMM ministries, 17

agencies, offices and bureaus; and 18

h. Perform other functions, as may be directed by the Chief Minister.1 1 9 19

(2) Administrative Management Service (AMS). The Administrative 20

Management Service shall be composed of a Director III as head, and 21

support staff. It shall: 22

a. Recommend policies and develop guidelines for an efficient and 23

effective management of personnel, records, supplies, equipment, 24

collections and property of the Office of the Chief Minister; 25

b. Plan and direct administrative services of all units under its supervision 26

and coordinate administrative services and concerns with all other 27

ministries or offices; 28

c. Recruit and recommend personnel for appointment and implement an 29

effective system of personnel management; 30

d. Consolidate all Strategic Performance Management System (SPMS) 31

ratings of all employees in the Office of the Chief Minister, attached 32

offices thereto, ministries and offices thereunder; 33

e. Conduct inspections and inventory of all properties and assets of the 34

Office of the Chief Minister; 35

f. Maintain an effective, systematic and timely disposition of records; and 36

g. Perform other functions as maybe directed by Chief Minister and 37

other authorized officials of the Office of the Chief Minister.1 2 0 38

(3) Finance Management Service (FMS). The Finance Management 39

119

119

Derived from Sec. 16 (2), Chapter 6, Title III of MMA Act No. 287 120

Derived from Sec. 16 (1), Chapter 6, Title III of MMA Act No. 287

44

Service shall be composed of a Director III as head, and support staff. It 1

shall: 2

a. Provide support to the Chief Minister to determine that funds are 3

properly accounted for in accordance with existing auditing rules and 4

regulations; 5

b. Undertake all operations relative to budget execution and control; 6

c. Issue sub-allotment advice to the different offices under the Office of 7

the Chief Minister in accordance with the approved work and financial 8

plan in support of its operational requirements; 9

d. Undertake regular management audit system reviews on organizational 10

structures, manpower and financial operations, and existing methods 11

and procedures of the Office of the Chief Minister and all agencies and 12

offices under its supervision and submit recommendation to the Chief 13

Minister, for consideration; 14

e. Undertake a cost benefit analysis on the financial requirements of the 15

Office of the Chief Minister its attached agencies and offices under its 16

supervision; 17

f. Adopt a system of proper recording of all financial transactions of the 18

Office of the Chief Minister and its attached agencies, in accordance 19

with existing government rules and regulations; 20

g. Ensure that all budgeting, accounting and auditing rules and 21

regulations are observed and complied with by the Office of the Chief 22

Minister and all agencies and offices under the latter’s supervision; 23

h. Prepare and submit financial reports to the Chief Minister and other 24

government entities authorized to receive the same; 25

i. Implement an effective system of cashiering services in accordance 26

with existing government rules and regulations; and 27

j. Perform other functions as may be directed by the Chief Minister.1 2 1 28

(4) The Intelligence and Security Service (ISS). The Intelligence and 29

Security Service shall be composed of a Director III as head, who shall be 30

co-terminus with the appointing Chief Minister, and shall be assisted by 31

support staff. It shall: 32

a. Prepare and implement approved security plans for the Office of the 33

Chief Minister, and the entire Bangsamoro Government Center; 34

b. Gather and analyze intelligence reports to strengthen the security plan 35

for the Office of the Chief Minister, and ensure protection of lives, 36

properties and facilities of the Bangsamoro Government Center; 37

c. Coordinate with the Philippine National Police, Armed Forces of the 38

Philippines, National Bureau of Investigation and other security/peace 39

keeping agencies in the performance of its mandates; an 40

d. Perform other functions as may be directed by the Chief Minister.1 2 2 41

121


45

(5) Procurement Service. - The Procurement Service shall be composed 1

of Director III, as head, and support staff. It shall: 2

a. Identify those supplies, materials, and such other items, including 3

equipment and construction materials, which can be economically 4

purchased through central procurement within the Office of the Chief 5

Minister; 6

b. Determine the technical specifications of items that it will procure for 7

the Office of the Chief Minister, and its attached agencies, offices, 8

bureaus, or councils; 9

c. Identify the sources of supply which are able to offer the best prices, 10

terms and other conditions for the items procured by the Bangsamoro 11

Government; 12

a. Procure and distribute supplies, materials and equipment needs of all 13

operating units in the Office of the Chief Minister and maintain all 14

equipment, machineries and facilities in serviceable condition; 15

b. Properly store and warehouse items procured by the Office of the Chief 16

Minister; 1 2 3 and 17

d. Perform other functions as may be directed by the Chief Minister. 18

19

(6) The Clinic. – The Clinic shall be composed of the Medical Officer III as 20

head, and support staff. It shall: 21

22

a. Provide basic treatment for medical consultations at the Office of the 23

Chief Minister using standard treatment protocol; 24

b. Examine patients and investigate the diseases through available clinical 25

examination and other diagnostic tests, whenever necessary; 26

c. Review and follow up patients under treatment to ensure the 27

completion of treatment and monitor the progress of the patients; 28

d. Perform standard government medical clearances within the Office of 29

the Chief Minister. 30

31

(7) Bangsamoro Satellite Coordinating Offices. – The Chief Minister 32

shall be represented by his/her Deputy Chief Ministers in the Bangsamoro 33

Satellite Coordinating Offices (BASCOs), for Mainland and Island 34

Provinces. The BASCOs shall: 35

36

a. Serve as coordinating offices of the Chief Minister in the represented 37

sub-regions; and 38

b. Perform other functions as directed by the Chief Minister or by his/her 39

authorized representative. 40

41

The Deputy Chief Ministers shall provide advisory or consultative services to 42

the Chief Minister on matters concerning their respectiv e subregion. 43

44

The Deputy Chief Ministers shall be assisted by five (5) support staff assigned 45

to the BASCOs. 46

47

122

Derived from Sec. 16 (4), Chapter 6, Title III of MMA Act No. 287 123

Derived from the PS-DBM

46

(8) Bangsamoro Liaison Office in Metro Manila. – The Chief Minister 1

shall be represented in the Bangsamoro Liaison Office in Metro Manila by 2

a Director II, assisted by support staff. The Office shall: 3

4

a. Serve as liaison office of the Chief Minister to international 5

offices/embassies, national offices/departments, agencies, and 6

bureaus; 7

b. Provide administrative and technical support to the Chief Minister and 8

BARMM officials/employees while on official business in Metro 9

Manila; 10

c. Coordinate with National Government Agencies in Metro Manilaon 11

matters related to the BARMM; 12

d. Act as coordinating office of foreign scholarship programs; and 13

e. Perform other functions as directed by the Chief Minister or by his/her 14

authorized representative.1 2 4 15

The Chief Minister may create other liaison offices within or outside the 16

Bangsamoro Autonomous Region, as may be necessary. 17

18

(9) Bangsamoro Library and Archives. - The Bangsamoro Library and 19

Archives is mandated to collect, maintain and preserve regional vital 20

documents and laws, legislations, reports, orders/issuances and other 21

documents of similar importance. It shall also serve as the primary 22

instrumentality of the Bangsamoro Government in providing free library 23

services to as many people as possible and to maintain a viable 24

cooperation with the National Library together with other public libraries 25

in providing the maximum benefits of a wider variety of data and 26

information. It shall be headed by a Licensed Librarian with the rank of 27

Director II, assisted by support staff. 28

29

The Bangsamoro Library and Archives shall have the following powers and 30

functions: 31

32

a. Serve as repository of reports of the BARMM; 33

b. Provide free library service to the public; 34

c. Catalog and classify books and other reading materials for easy 35

reference; 36

d. Maintain cooperation with the National Library for book allocations 37

and reading materials; 38

e. Encourage and assist local government units in the Bangsamoro 39

Autonomous Region in cooperation with the National Library in the 40

establishment of provincial, city, municipal and barangay libraries in 41

their respective area of jurisdiction; 42

f. Establish and maintain a children’s library that will help develop future 43

leaders; 44

g. Establish linkage with other government and non-government agencies 45

with similar functions and services; and 46

124


47

h. Perform such other functions as may be provided by law.1 2 5 1

TITLE III: 2

Functions 3

4

5

Chapter 1 6

Different Offices in the 7

Office of the Chief Minister Proper 8

9

10

A. INTERNAL AUDIT OFFICE 11

Sec. 15. Internal Audit Office. - The Internal Audit Office shall be directly 12

under the Office of the Chief Minister, and shall be composed of an Internal Auditor 13

V as Chief of Division, and support staff. It shall: 14

a. Advise the Chief Minister on all matters relating to management control 15

and operations audits; 16

b. Conduct management and operations audits of the Office of the Chief 17

Minister’s functions, programs, projects, activities with outputs, and 18

determine the degree of compliance with its mandate, policies, 19

government regulations, established objectives, systems and 20

procedures/processes and contractual obligations; 21

c. Review and appraise systems and procedures, organizational structures, 22

asset management practices, financial and management records, reports 23

and performance standards of the Office of the Chief Minister; 24

d. Analyze and evaluate management deficiencies and assist top 25

management by recommending realistic courses of action; and 26

e. Perform such other related duties and responsibilities as may be assigned 27

or delegated by the Chief Minister or as may be required by law. 28

29

B. INFORMATION AND COMMUNICATIONS OFFICE 30

Sec. 16. Information and Communications Office. - The Information 31

and Communications Office shall be directly under the Office of the Chief Minister, 32

and shall be composed of an Information Technology Officer III as Chief of Division, 33

and support staff. It shall: 34

a. Implement proper information and communication technology security 35

measures to ensure the efficient operation of the available information-36

technology facilities in the Office of the Chief Minister Proper; 37

b. Administer, maintain, and enhance existing network infrastructure, 38

application systems, websites and other information and communication 39

technology systems that serve as tools in administration of the Management 40

Information System (MIS) of the Office of the Chief Minister; 41

c. Provide strategic technical support in the storage, collection and generation 42

of data and information both from primary and secondary data sources, 43

125

Derived from Sec. 7, 8, and 9, Chapter 2, Title XX of MMA Act No. 287

48

necessary for monitoring, oversight committees, decision-making and 1

dissemination in the Office of the Chief Minister; 2

d. Monitor and ensure Office of the Chief Minister’s compliance to national 3

government’s ICT standards and policies, such as compliance to the 4

Transparency Seal; 5

e. Provide advice and technical reviews in the procurement of ICT-related 6

items by the Bangsamoro Ministries, Offices, Agencies, and units thereof 7

for purposes of endorsement to the Ministry of Finance, and Budget and 8

Management; 9

f. Propose management policies, systems and processes to ensure economical 10

and efficient delivery of information and communication technology 11

support service to all offices of the Office of the Chief Minister; 12

g. Provide accountability for information technology resources through 13

accurate analysis and evaluation of office's ICT needs, sound procurement, 14

cost-effective installation and maintenance, maintaining 15

software/hardware standards, and regular accurate inventory and reporting 16

of hardware, peripherals and software; 17

h. Ensure the confidentiality, integrity and availability of the ICT system, LAN 18

and data security, including user access to computer and 19

telecommunications facilities; 20

i. Monitor and support Inter-/Intra-net functionality, security and integrity 21

in the Office of the Chief Minister; 22

j. Coordinate with the Bangsamoro Information and Communications 23

Technology Office on all ICT issues of common interest for cost effective 24

resolutions; and 25

k. Perform other office functions that may be directed by the Chief Minister. 26

27

28

C. LEGAL AND LEGISLATIVE LIAISON OFFICE 29

Sec. 17. Legal and Legislative Liaison Office. - The Legal and 30

Legislative Liaison Office shall be headed by an Attorney V, assisted by support staff. 31

It shall: 32

a. Form part of the Legal Liaison Network of the Bangsamoro Government, to 33

cooperate and coordinate on legal, policy, and legislative matters 34

concerning the Office of the Chief Minister; 35

b. Assist the Office of the Chief Minister in the promulgation of rules 36

governing the activities of the Office of the Chief Minister Proper; and 37

c. Perform such other functions as may be provided by law. 38

39

Sec. 18. Nature of Offices. – The Information Technology Officer III and 40

attorneys appointed in the Legal and Legislative Liaison Office shall all hold office 41

co-terminus with that of the appointing Chief Minister. 42

43

44

D. SPECIAL OFFICE FOR OTHER BANGSAMORO COMMUNITIES 45

46

Sec. 19. Special Office for Other Bangsamoro Communities. – The 47

Special Office for Other Bangsamoro Communities (Special Office) is created to 48

ensure the protection of the rights and enhance the economic, social, and cultural 49

49

development of Bangsamoro people residing in communities outside the 1

Bangsamoro Autonomous Region1 2 6 . 2

3

Sec. 20. Mandate. – The Special Office shall be the primary office of the 4

Office of the Chief Minister in recommending policies and a systematic program for 5

promoting the welfare of Bangsamoro communities outside the region, including 6

provision of services, in coordination with local government units as well as 7

appropriate national government agencies. 8

9

Sec. 21. Organization and Composition. - The Special Office shall be 10

headed by an Executive Director assisted by a Deputy Executive Director, with the 11

ranks of Director II and Director I , respectively, who shall be appointed by the Chief 12

Minister. Their appointments shall be co-terminus with the appointing authority. 13

14

The Office of the Chief Minister may propose the appropriate structure for this 15

Office. 16

17

Sec. 22. Functions. – The Special Office shall have the following functions: 18

19

a. Receive information on and assess the economic, social, and cultural needs 20

of Bangsamoro communities located outside of the region; 21

b. Recommend to the Chief Minister projects and activities for the promotion 22

of the welfare of Bangsamoro communities outside the region; 23

c. Undertake projects and activities in coordination with the appropriate 24

ministry, office, or agency, including the Bangsamoro Satellite 25

Coordinating Offices; 26

d. Represent the Bangsamoro communities outside BARMM in the Council of 27

Leaders; and 28

e. Perform such other functions as may be directed by the Chief Minister or 29

other proper authorities. 30

31

Chapter 2 32

Councils in the Office of the Chief Minister 33

34

A. BANGSAMORO DISASTER RISK REDUCTION 35

AND MANAGEMENT COUNCIL 36

37

Sec. 23. Bangsamoro Disaster Risk Reduction and Management 38

Council. - The Bangsamoro Regional Disaster Risk Reduction and Management 39

Council (Bangsamoro DRRMC) shall be chaired by the Chief Minister with the 40

Minister of Science and Technology as Vice-Chair for Disaster Mitigation and 41

Prevention, the Minister of the Interior and Local Government as Vice-Chair for 42

Disaster Preparedness, the Minister of Social Services and Development as Vice-43

Chair for Disaster Response, and the Bangsamoro Director-General of the 44

Bangsamoro Planning and Development Authority (BPDA) as Vice-Chair for Disaster 45

126

See Sec. 12, Art. VI, BOL

50

Recovery and Rehabilitation. The Chief Minister shall identify the member-agencies 1

of the Bangsamoro DRRMC. 2

The Bangsamoro Regional Disaster Risk Reduction and Management Office 3

(BDRRMO) of the Ministry of the Interior and Local Government shall serve as 4

Secretariat of the Bangsamoro DRRMC. 5

Sec. 24. Functions of the Bangsamoro DRRMC. – The Bangsamoro 6

DRRMC shall coordinate, integrate, supervise, and evaluate the activities of the Local 7

Disaster Risk Reduction Management Councils (LDRRMCs) in the Bangsamoro 8

Autonomous Region. The Bangsamoro DRRMC shall be responsible in ensuring 9

disaster sensitive regional development plans, and in case of emergencies shall 10

convene the different regional line agencies and concerned institutions and 11

authorities.1 2 7 12

The Bangsamoro DRRMC, in discharging its functions, shall utilize the 13

facilities and services of the Bangsamoro Rapid Emergency Action on Disaster 14

Incidence (READI) to undertake operations on DRRM in the region.1 2 8 15

Sec. 25. Declaration of State of Calamity. – The Chief Minister may 16

proclaim a state of calamity whenever typhoons, flash floods, earthquakes, tsunamis, 17

or other natural or man-made calamities that cause widespread damage or 18

destruction to life or property occurs in the Bangsamoro Autonomous Region1 2 9 , and 19

the lifting thereof, based on the criteria set by the Bangsamoro DRRMC. The Chief 20

Minister’s declaration may warrant domestic and international humanitarian 21

assistance as deemed necessary.1 3 0 22

23

B. BANGSAMORO ECONOMIC AND DEVELOPMENT COUNCIL 24

Sec. 26. The Bangsamoro Economic and Development Council. – 25

The Bangsamoro Economic and Development Council (BEDC) shall serve as the 26

governing board and policy-making body of the Bangsamoro Planning and 27

Development Authority (BPDA). It shall serve as the planning, coordinating, and 28

monitoring agency for all development plans, policies, programs and projects of the 29

Bangsamoro Government including its constituent LGUs. 30

31

Its powers, functions and appropriations are provided for under Bangsamoro 32

Autonomy Act No. 6. 33

34

Sec. 27. Composition. – The BEDC shall be composed of the following 35

regular members: 36

37

127

See Sec. 10 of Republic Act No. 10121 entitled “An Act Strengthening the Philippine Disaster Risk Reduction and Management System, Providing for the National Disaster Risk Reduction and Management Framework and Institutionalizing the National Disaster Risk Reduction and Management Plan, Appropriating Funds Therefor and for Other Purposes”. 128

Derived from Sec. 12 (2), Chapter 4, Title V of MMA Act No. 287 129

See Sec. 32 (g), Art. VII, BOL 130

Derived from Sec. 16 of RA No. 10121

51

Chairperson: Chief Minister 1

Vice-Chairperson: BPDA Bangsamoro Director General 2

3

Members: 4

5

a. Speaker of the Bangsamoro Parliament 6

b. Majority Floor Leader of the Bangsamoro Parliament 7

c. Minority Floor Leader of the Bangsamoro Parliament 8

d. d) All Provincial Governors 9

e. All City Mayors 10

f. Five Private Sectors Representatives 11

12

The Chairperson, upon the recommendation of the majority of the members 13

of the BEDC, shall select the private sector representatives to the BEDC, subject to 14

the guidelines and qualification criteria to be formulated and approved by the BPDA. 15

Voting and non-voting ex officio members shall be determined in the internal rules 16

and regulations to be formulated by the BEDC. 17

18

Additional members from other sectors may be considered upon 19

recommendation and approval of the BEDC. 20

21

Sec. 28. Council Secretariat. – The Bangsamoro Planning and 22

Development Authority (BPDA) serves as the Technical Secretariat of the Council. 23

24

25

C. BANGSAMORO PEACE AND ORDER COUNCIL 26

Sec. 29. Bangsamoro Regional Peace and Order Council (BRPOC). 27

– The Bangsamoro Regional Peace and Order Council is composed of a Chairperson, 28

Vice Chairperson, Co-Vice Chairperson and the regional counterparts of the 29

ministries, offices and agencies represented at the National level. 30

31

The Chief Minister and the Minister of the Interior and Local Government 32

shall serve as Chairperson and Vice-Chairperson, respectively, with the Regional 33

Director of the Philippine National Police Regional Office in the Bangsamoro 34

Autonomous Region as Co-Vice Chairperson. Members of the Council are the 35

Chairpersons of the Parliament Committees on Local Governments and Public Order 36

and Security, Ministers and heads of offices and bureaus as may be designated by the 37

Chief Minister, subject to existing laws.1 3 1 38

39

Sec. 30. Duties and Functions. – The duties and functions of the 40

Bangsamoro Regional Peace and Order Council are, as follows: 41

42

a. Formulate plans and recommend such measures to improve or enhance 43

peace and order and public safety in their respective areas of 44

responsibility; 45

b. Monitor the implementation of peace and order programs and projects at 46

the provincial, city/municipal level, the operations of Bantay -Bayan and 47

such other counter-insurgency and peace programs; 48

131

Derived from Sec. 8, Chapter 3, Title V, MMA Act No. 287

52

c. Make periodic assessment of the prevailing peace and order situation in 1

their respective areas of responsibility and submit reports thereon with 2

their recommendations to the Chairperson of the National Peace and 3

Order Council; 4

d. Receive complaints against government personnel, civilian or military, 5

endorse the same to the agency concerned and demand/compel such 6

agency to submit report or action taken thereon; and 7

e. Perform functions as may be provided by law or executive issuances 8

issued by the Chief Minister in coordination with the National Peace and 9

Order Council. The Chairpersons of the respective Provincial, 10

City/Municipal Peace and Order Councils shall be responsible for the 11

proper management and supervision of their respective Civilian 12

Volunteers (Bantay-Bayan) in coordination with other concerned 13

government entities.1 3 2 14

15

Sec. 31. Organizational Relationship. – Lower level Peace and Order 16

Council shall be under the functional supervision of the next higher Peace and 17

Order Council.1 3 3 18

19

20

Chapter 3 21

Attached Agencies and Offices 22

23

A. BANGSAMORO BOARD OF INVESTMENTS 24

Sec. 32. The Bangsamoro Board of Investments – There is hereby 25

created the Bangsamoro Board of Investments mandated to promote the 26

development of the regional and national economy in consonance with the principles 27

and objectives of achieving global competitiveness, fostering economic efficiency, 28

encouraging and supporting investments that promote region-wide development, 29

and creating productive and quality employment. 30

31

Accordingly, and consistent with Article XII, Section 8 of the Bangsamoro 32

Organic Law: 33

a. The Parliament may grant tax exemptions incentives under the 34

Bangsamoro Organic Law upon a vote of majority of all its members: 35

Provided, That these tax exemptions and incentives shall not diminish 36

national revenues; 37

b. Provided, Further, That the grant of tax exemptions and incentives 38

administered by the Regional Board of Investments (RBOI) of the 39

Autonomous Region in Muslim Mindanao as provided for in Executive 40

Order No. 458, Series of 1991, in relation to Executive Order No. 226, 41

Series of 1987, otherwise known as the “Omnibus Investment Code” shall 42

continue to apply. 43

44

Sec. 33. Powers and Functions of the Bangsamoro Board of 45

Investments. – In accordance Executive Order No. 458, Series of 1991, and 46

132

Derived from Sec. 9, Chapter 3, Title V, MMA Act No. 287 133

Derived from Sec. 10, Chapter 3, Title V, MMA Act No. 287

53

consistent with Article XII, Section 8 of the Bangsamoro Organic Law, the following 1

powers and functions of the Board of Investments (BOI) over investments within the 2

BARMM shall be exercised by the Bangsamoro Board of Investments (BBOI) of the 3

Bangsamoro Government: 4

5

a. Approval/denial of applications for registration under the Omnibus 6

Investments Code of 1987; 7

b. Cancellation of certificates of registration of enterprises registered with 8

the Bangsamoro Government, and including those enterprises previously 9

registered with the BOI; 10

c. Evaluation of incentives to be availed by enterprises registered with the 11


13

1. Special tax credit on raw materials and supplies, net value earned 14

and net local content and domestic capital equipment; 15

2. Income Tax holiday; and 16

3. Reduced income tax. 17

18

d. Grant additional incentives, aside from those incentives under Book I, 19

Title III, Article 39 of Executive Order No. 226, series of 1987; Provided, 20

that the grant of tax incentives shall be in accordance with Section 8, 21

Article XII of the Bangsamoro Organic Law. 22

23

Sec. 34. Regional Investment Priorities Plan. - The Bangsamoro 24

Government shall prepare a Regional Investment Priorities Plan, through the 25

Bangsamoro Board of Investments, consistent with Articles 27 to 31, Chapter II of 26

the Omnibus Investment Code of 1987. 27

28

The preferred areas of investment to be listed in the Regional Investment 29

Priorities Plan shall be based on long-run comparative advantage, taking into 30

account the value of social objectives and employing economic criteria along with 31

market, technical, and financial analysis. 32

33

The Regional Investment Priorities Plan as formulated shall be integrated in 34

the national Investment Priorities Plan upon the approval of the President of the 35

Republic of the Philippines. 36

37

Sec. 35. Composition of the Board of Governors. - The Board of 38

Governors shall be composed of the BBOI Chairperson as Chair, the Minister of 39

Trade, Industry and Tourism as ex-officio Vice-Chair, the Minister of Finance, and 40

Budget and Management and Minister of Agriculture, Fisheries, and Agrarian 41

Reform as ex-officio members, and two (2) member-Governors. The Chairperson and 42

the two (2) member-Governors shall be appointed by the Chief Minister and shall be 43

co-terminus with the appointing authority. 44

45

Sec. 36. Qualifications of Governors of the Board. – The Governors of 46

the Board must be citizens of the Philippines, residents of the Bangsamoro 47

Autonomous Region for at least six (6) months prior to their appointment, at least 48

thirty (30) years old, of good moral character and of recognized competence in any of 49

the following fields: law, economics, finance, banking, commerce, industry, 50

agriculture, engineering, and management. 51

54

1

Sec. 37. Secretariat to the BBOI. – The BBOI Secretariat shall provide 2

technical support to the Board, and shall be headed by a Board Secretary VI, with 3

support staff. 4

5

Its functions include: 6

7

a. Preparing the agenda and all other necessary documents and materials for 8

the meetings of the Board; 9

b. Notifying Board members of the meeting and recording their attendance; 10

c. Recording each action taken up during the meetings; preparing and 11

signing appropriate resolutions, if needed; 12

d. Maintaining all records of the Board; 13

e. Coordinating with the Bureau of Investments under the Ministry of Trade, 14

Investments, and Tourism on policy matters that may need cooperation 15

and coordination; and 16

f. Performing other related functions as may be directed by the Board. 17

18

19

B. BANGSAMORO INFORMATION OFFICE 20

Sec. 38. Bangsamoro Information Office. – The Bangsamoro 21

Information Office (BIO) shall serve as the communications arm and center of 22

information of the Bangsamoro Government. It shall be an attached office to the 23

Office of the Chief Minister. 24

25

Sec. 39. Mandate. – The Bangsamoro Information Office is mandated to be 26

the center of information through the Bangsamoro Autonomous Region’s 27

communication platforms to promote transparency, moral governance, and to enrich 28

the quality of public discourse. 29

30

Sec. 40. Powers and Functions. – The Bangsamoro Information Office 31

shall have the following powers and functions: 32

33

a. Provide an institutional and effective information arm in the Bangsamoro 34

Government; 35

b. Develop a well–managed information feedback and feed forward 36

mechanism between the Bangsamoro Government and its constituents; 37

c. Establish a network of information officers within the Bangsamoro 38

Government; 39

d. Conduct continuing research necessary in the performance of its 40

functions; 41

e. Strengthen communication linkages with local government units in the 42


f. Coordinate with public and private media outlets and practitioners; and 44

g. Perform such other functions as may be directed by the Chief Minister or 45

other proper authorities. 46

47

Sec. 41. Organization and Composition. - The Bangsamoro Information 48

Office shall be headed by an Executive Director assisted by a Deputy Executive 49

Director, with the ranks of Director II and Director I , respectively , who shall be 50

55

appointed by the Chief Minister. Their appointments shall be co-terminus with the 1

appointing authority. 2

3

It shall be composed of the following: 4

5

A. Administrative Section, which shall be responsible in providing 6

administrative support to the office; and 7

8

B. Operations Division, which shall consist of the following sections: 9

10

a. News, Media and Print Section; 11

b. Broadcast Section; 12

c. Research, Planning, and Monitoring Section; 13

d. Media Relations Section; and 14

e. Provincial Field Section. 15

16

Other divisions may be created by the office with the concurrence of the 17

Cabinet. 18

19

C. OFFICE FOR SETTLER COMMUNITIES 20

Sec. 42. Office for Settler Communities. –The Office for Settler 21

Communities shall serve as the primary agency responsible in promoting the welfare 22

and addressing issues and concerns of settlers in the Bangsamoro Autonomous 23

Region. It shall be attached to the Office of the Chief Minister. 24

25

Sec. 43. Mandate. –The Office for Settler Communities is mandated to 26

ensure that settlers enjoy the rights guaranteed to them by the Bangsamoro Organic 27

Law, the Constitution, and all other laws as may be enacted by the Bangsamoro 28

Parliament. 29

30

Sec. 44. Powers and Functions. -The Office for Settler Communities 31

enjoys powers and authority on the following matters as provided for under the 32

Bangsamoro Organic Law and sanctioned by existing laws and regulations: 33

34

a. Provide advice and assistance to the Chief Minister in the formulation, 35

coordination, implementation, and monitoring of policies, plans, 36

programs, and projects affecting settler communities; 37

b. Act as the primary agency through which settlers can seek government 38

assistance and redress; 39

c. Serve as the medium through which such assistance may be extended to 40

settler communities, when necessary; 41

d. Coordinate with concerned ministries, agencies, and other offices, when 42

necessary, in the performance of its functions; and 43

e. Perform other functions as may be provided by law or assigned by the 44

Chief Minister. 45

46

56

Sec. 45. Organization and Composition. - The Office for Settler 1

Communities shall be headed by an Executive Director assisted by a Deputy 2

Executive Director, with the ranks of Director II and Director I , respectively, who 3

shall be appointed by the Chief Minister. Both shall be members of settler 4

communities. Their appointments shall be co-terminus with the appointing 5

authority. 6

7


9

a. Technical Division; 10

b. Administrative Section; and 11

c. Such other units as may be created by the office with the concurrence 12

of the Chief Minister. 13

14

D. BANGSAMORO PLANNING AND DEVELOPMENT AUTHORITY 15

Sec 46. Bangsamoro Planning and Development Authority. - The 16

Bangsamoro Planning and Development Authority (BPDA) shall serve as the 17

planning, coordinating and monitoring agency for all development plans, policies, 18

programs and projects of the Bangsamoro Government. The BPDA shall act as the 19

counterpart of the NEDA in the Bangsamoro Autonomous Region. It shall also serve 20

as the Technical Secretariat of the Bangsamoro Economic and Development Council 21

(BEDC). 22

23

Sec. 47. Organizational Structure – The BPDA shall be headed by a 24

Bangsamoro Director-General, assisted by a Deputy Director-General and three (3) 25

Directors II, divisions and support staff as provided for under Bangsamoro 26

Autonomy Act No. 6. 27

28

Sec. 48. Functions and responsibilities of the BPDA. — The functions 29

and responsibilities of the BPDA are those defined and provided for under 30

Bangsamoro Autonomy Act No. 6. 31

32

33

E. BANGSAMORO PILGRIMAGE AUTHORITY 34

Sec. 49. The Bangsamoro Pilgrimage Authority. – The Bangsamoro 35

Government shall have primary jurisdiction over Hajj and Umrah matters affecting 36

pilgrims from within the Bangsamoro. The Bangsamoro Pilgrimage Authority shall 37

act in close coordination with the National Commission on Muslim Filipinos on Hajj 38

and Umrah matters involving offices and agencies outside of the Bangsamoro 39

Autonomous Region. 40

41

Sec. 50. Mandate. - The Bangsamoro Pilgrimage Authority is primarily 42

responsible for the administration of the annual Muslim pilgrimage to Mecca, 43

Kingdom of Saudi Arabia of pilgrims from within the Bangsamoro. It shall formulate 44

and implement programs, projects and activities for the efficient and effective 45

57

administration and supervision of the conduct of pilgrimage activities of Bangsamoro 1

pilgrims.1 3 4 2

3

Sec. 51. Functions. - The Bangsamoro Pilgrimage Authority shall formulate 4

the necessary guidelines to ensure the timely processing of the Bangsamoro pilgrim’s 5

travel documents and the equitable and reasonable collection of fees. It shall also 6

accredit qualified and deserving sheikhs. It shall likewise formulate, subject to the 7

approval of the Chief Minister, the time table of annual Hajj activities which must be 8

posted in all areas accessible to Bangsamoro Muslims. 9

10

Pursuant to the above, collections shall be limited to mutawiff and 11

passporting and/or processing fees only. Collected fees shall be deposited in a 12

special trust fund which shall be established by the Authority, the expenses from 13

which shall be subject to existing auditing laws, rules and regulations. 14

The pilgrims shall be accorded free choice of travel agencies and airlines or 15

other means of transportation to and from the site of pilgrimage, Provided, that 16

pilgrims comply with the prescribed arrival and departure schedule fixed by the 17

Ministry of Hajj of the Kingdom of Saudi Arabia: Provided, further, That all pilgrims 18

shall be legitimate holders of round-trip tickets to and from the Kingdom of Saudi 19

Arabia : Provided, furthermore, That the pilgrims shall be free to choose on where to 20

purchase or acquire other logistics, materials and supplies for the pilgrimage. 21

In no instance shall the pilgrims be forced to purchase such logistics, 22

materials and supplies from the Authority or its authorized agents or 23

representatives.1 3 5 24

The Authority shall directly engage and enter into agreements with the 25

appropriate authorities in the Kingdom of Saudi Arabia, upon consultation with, and 26

prior approval by, the Chief Minister. 27

28

Sec. 52. Organization and Composition. – The Office of the 29

Bangsamoro Pilgrimage Authority shall be headed by an Executive Director assisted 30

by a Deputy Executive Director, with the ranks of Director II and Director I , 31

respectively, who shall be appointed by the Chief Minister. Their appointments shall 32

be co-terminus with the appointing authority. 33

34

It shall be composed of the following divisions: 35

36

a. Pilgrimage Operations Division; 37

b. Endowment Administration Division;1 3 6 38

c. Administration and Finance Division; and 39

d. Such other divisions as may be created by the office with the concurrence 40

of the Chief Minister. 41

42

43

F. DEVELOPMENT ACADEMY OF THE BANGSAMORO 44

134

Based on the Bureau of Pilgrimage and Endowment of the NCMF. 135

Id. 136

Based on the divisions of the Bureau of Pilgrimage and Endowment of the NCMF.

58

Sec. 53. Development Academy of the Bangsamoro. - The 1

Development Academy of the Bangsamoro (Academy) shall be the central human 2

capital development arm of the Bangsamoro Government. It shall be attached to the 3

Office of the Chief Minister and shall have the following powers and functions: 4

5

a. Capacitate BARMM officials and employees with the end in view of 6

producing highly and globally competitive administrators, bureaucrats 7

and technocrats; and 8

b. Develop opportunities through programs and policies in the BARMM 9

which shall be grounded on creative and innovative ideas generated 10

through conduct of timely and relevant researches. 11

12

Sec. 54. Organizational Structure. - The Academy shall be headed by an 13

Executive Director II to be assisted by five (5) Division Chiefs, with support staff. It 14

shall be composed of the following divisions: 15

16

1. Finance and Administrative Division (FAD) - the FAD shall provide 17

for the administrative and financial support services needed by the 18

Academy. 19

20

2. Center of Training and Assessment (CTA) - the CTA shall offer and 21

implement development services such as training and other capacity 22

building programs, projects, services and activities for Academy. 23

24

3. Center of Research and Policy Development (CRPD) - the CRPD 25

shall design, conduct and formulate research and policy development 26

agenda of the Academy. 27

28

4. Center of Education and Extension (CEE) - Designs and implements 29

short-term course offerings and specialized graduate degree programs of 30

the Academy; and prepares curriculum, modules and other instructional 31

technologies and conducts regular reviews of the same. 32

33

5. Center of Knowledge Management (CKM) - the CKM shall develop 34

and maintain technologies or communication channels, implement 35

programs and activities to allow the exchange of knowledge, practices and 36

strategies among the Academy’s workforce towards improved performance 37

and competitive advantage. 38

39

Sec. 55. Executive Committee. - There shall be an Executive Committee 40

composed of the Academy’s Executive Director II as Chairperson, with the Division 41

Chiefs as members. 42

43

Sec. 56. Functions of Executive Committee. - The Executive Committee 44

shall administer the affairs of the Academy in accordance with such powers, 45

functions and responsibilities as may be delegated by the Office of the Chief Minister. 46

47

Sec. 57. Office of the Executive Director. - The operations and the 48

management functions of the Academy shall be vested in the Executive Director with 49

a salary grade of 27 and who shall be appointed by the Chief Minister. He/she shall 50

59

serve for a fixed term of six (6) years without prejudice to reappointment. The 1

Executive Director shall have the following powers, duties and functions: 2

3

a. Serve as the head of the Academy; 4

b. Preside over meetings of the Academy; 5

c. Represent the Academy in all meetings and other undertakings relevant to 6

the mandates of the Academy; 7

d. Manage the day-to-day affairs of the Academy; 8

e. Sign contracts with donor institutions, partners and other institutions 9

relevant to the mandates of the Academy; 10

f. Issue orders and directives to all Academy’s officers, consultants and 11

employees in the exercise of the Academy’s mandates; 12

g. Submit regular reports and other necessary documents as requested; 13

h. Receive in trust legacies, gifts, donations of real properties and personal 14

property of all kinds and administer the same in behalf and for the benefit 15

of the Academy; and 16

i. Perform such other powers and functions as delegated by a competent 17

authority. 18

19

20

G. BANGSAMORO DARUL-IFTA’ 21

Sec. 58. Bangsamoro Darul-Ifta’. –The Bangsamoro Darul-Ifta’ shall 22

serve as the consultative body for policy-making through Islamic jurisprudence in 23

the Bangsamoro Autonomous Region. As such, it shall promulgate, adopt and 24

implement policy guidelines, procedure, rules and regulations necessary for the 25

proper management and operation of the Office. It shall be attached to the Office of 26

the Chief Minister. 27

28

Sec. 59. Mandate. –The Bangsamoro Darul-Ifta’ is mandated to strengthen 29

Islamic preaching and guidance, and utilize knowledge and social capital of the 30

Ulama for the common good. 31

32

Sec. 60. Powers and Functions. - The Bangsamoro Darul-Ifta’ shall have 33

the following powers and functions: 34

35

a. Promulgate fatawa (Religious Edicts) pertaining to the whole breadth 36

of Islamic jurisprudence; 37

b. Spearhead the promotion of intrareligious and interreligious dialogues for 38

the attainment of peaceful co-existence; 39

c. Serve as consultant to the Office of the Chief Minister pertaining to 40

religious affairs; 41

d. Collaborate and exchange information pertaining to Ramadhan moon-42

sighting locally and internationally specially among nearby South East 43

Asian Muslim Countries; and 44

e. Perform other functions as may be provided by law or assigned by the 45

Chief Minister. 46

47

Sec. 61. Organization and Composition. - The Bangsamoro Darul-Ifta’ 48

shall be headed by the Bangsamoro Mufti, assisted by a Secretariat headed by an 49

60

Executive Director. The Bangsamoro Mufti shall be appointed by the Chief Minister 1

and shall preferably be from among the resident Ulama of the Bangsamoro 2

Autonomous Region. Their appointments shall be co-terminus with the appointing 3

authority. 4

5


7

a. Fatwa Division; 8

b. Research Division; 9

c. Information and Communications Division; 10

d. Administration Section; and 11

e. Such other units as may be created by the office with the concurrence of 12

the Cabinet. 13

14

Sec. 62. Bangsamoro Mufti. - The Bangsamoro Mufti shall have the 15

following powers and functions: 16

17

a. Call for regular and special sessions with his Islamic Jurist in 18

promulgating fatawa; 19

b. Act as the presiding officer during the regular and special sessions of the 20

Bangsamoro Darul-Ifta’; 21

c. Exercise over-all management and supervision of the Bangsamoro Darul-22

Ifta’; 23

d. Represent Bangsamoro Darul-Ifta’ in promotion of moral governance, 24

intrareligious and interreligious dialogues, and other gatherings needing 25

the presence of Bangsamoro Darul-Ifta’; 26

e. Approve the implementation of programs, projects and activities of the 27

Bangsamoro Darul-Ifta’; 28

f. Declare the start and end of Ramadhan Fasting including Eid’l Fit’r and 29

Eid’l Adha; 30

g. Provide reference to the Chief Minister on matters pertaining to religious 31

affairs and other thematic Islamic events; and 32

h. Perform such other duties and functions as may be assigned by the Chief 33

Minister or as may be determined by law. 34

35

36

H. COOPERATIVES AND SOCIAL ENTERPRISE AUTHORITY 37

Sec. 63. Cooperatives and Social Enterprise Authority. – The 38

Cooperatives and Social Enterprise Authority shall be the primary entity to promote 39

the viability and growth of Bangsamoro cooperatives and social enterprise in the 40

Bangsamoro region. It shall be the sole agency of the Bangsamoro Government that 41

registers cooperatives and social enterprises. It shall be attached to the Office of the 42

Chief Minister. 43

44

Sec. 64. Mandate. – The Cooperatives and Social Enterprise Authority with 45

all the branches, sub-divisions, instrumentalities and agencies of the Bangsamoro 46

Government shall ensure the provision of technical guidance, financial assistance 47

61

and other services to enable the cooperatives and social enterprises to develop into 1

viable and responsive economic enterprises.1 3 7 2

3

Sec. 65. General Concepts. – A cooperative is a duly registered association 4

of persons, with common bond of interest, who have voluntarily joined together to 5

achieve a lawful common social or economic end, making equitable contributions to 6

the capital required and accepting a fair share of the risks and benefits of the 7

undertaking in accordance with the universally accepted cooperative principles. 8

9

A social enterprise is a social mission-driven organization that has specific 10

objectives that serve its primary purpose. Social enterprises seek to maximize profits 11

while maximizing benefits to society and the environment. Their profits are 12

principally used to fund social programs.1 3 8 13

14

Sec. 66. Powers and Functions. – The Cooperatives and Social 15

Enterprise Authority shall be headed by a Director III, with the following as the 16

functions: 17

18

a. Formulate, adopt and implement integrated and comprehensive plans and 19

programs on cooperative and social enterprise development consistent 20

with the existing policy on cooperatives and the overall socio-economic 21

development plans of the autonomous regional government; 22

b. Develop and conduct management and training programs upon request of 23

cooperatives and social enterprises; 24

c. Support the voluntary organization and consensual development of 25

activities that promote cooperative movements and provide assistance 26

towards upgrading managerial and technical expertise upon request of the 27

cooperative concerned; 28

d. Coordinate the efforts of the Local Government Units in the Bangsamoro 29

Autonomous Region and the private sector in the promotion, organization 30

and development of cooperatives; 31

e. Require all cooperatives, their federations and unions in the Bangsamoro 32

Autonomous Region to submit their annual reports and their financial 33

statements, duly audited by certified public accountants, and general 34

information sheets; 35

f. Assist cooperatives in the Bangsamoro Autonomous Region in accessing 36

financial and other forms of assistance under such terms and conditions 37

as are calculated to strengthen their viability and autonomy; 38

g. Administer all grants and donations coursed through the regional 39

government for cooperative development in the Bangsamoro Autonomous 40

Region without prejudice to the right of cooperative to directly receive and 41

administer such grants and donation upon agreement with the grantors 42

and donors thereof; 43

h. Upon request of either or both parties, to mediate and conciliate disputes 44

within a cooperative or between cooperatives in the Bangsamoro 45


137

Derived from Sec. 2, Chapter 1, Title XVI of MMA Act No. 287 138

www.investopedia.com

62

i. Formulate and adopt continuing policy initiatives in consultation with the 1

cooperative and social enterprise sector in the Bangsamoro Autonomous 2

Region through public hearings; and 3

j. Perform such other functions under existing laws. 4

5

Sec. 67. Organizational Structure. - The Cooperatives and Social 6

Enterprise Authority shall be headed by an Executive Director II to be assisted by 7

three (3) Division Chiefs, with support staff. It shall be composed of the following 8

divisions: (a) Administrative and Finance Division; (b) Cooperative Development 9

Division; and (c) Social Enterprise Division. 10

11

Sec. 68. Functions of the Administrative and Finance Division. – 12

The Administrative and Finance Division shall be responsible for the day - to - day 13

operations of the Authority and shall carry out the following functions: 14

15

a. Provide administrative support to the Authority; 16

b. Manage the finances of the Authority; and 17

c. Carry out other administrative functions assigned by the Chief Minister 18

or other competent authority. 19

20

Sec. 69. Functions and duties of the Cooperative Development 21

Division. – The Cooperative Development Division shall be headed by a Division 22

Chief, and shall have the following functions and duties: 23

24

a. Recommend policies, strategies, plans and programs on cooperatives and 25

extend necessary support and technical assistance towards upgrading 26

managerial/ technical and fiscal capabilities of cooperatives; 27

b. Processing and issuance of Certificate of Registration, and Certificate of 28

Compliance; 29

c. Provide mediation and arbitration services to registered cooperatives; 30

d. Conduct monitoring and inspection of cooperatives; and 31

e. Perform such other functions as may be provided by law. 32

33

Sec. 70. Functions and duties of the Social Enterprise Division. – 34

The Social Enterprise Division shall be headed by a Division Chief, and shall have the 35

following functions and duties: 36

37

a. Promote and advocate social enterprise in community development; 38

b. Assist social enterprises in the development of their business model; 39

c. Organize the Bangsamoro Social Enterprise Coalition; 40

d. Provide support and assistance to social enterprises whenever necessary; 41

and 42

e. Perform such other functions as may be provided by law. 43

44

Sec. 71. Support to Local Government Units. – In a province, city or 45

municipality that has its own Cooperative Development Office, the Authority shall 46

provide support and assistance whenever necessary. Those local government units 47

without a Cooperative Development Office shall be assisted by a Cooperative 48

Development Specialist in the implementation of their cooperative programs.1 3 9 49

139

See Sec. 6, Chapter 1, Title XVI of MMA Act No. 287

63

1

2

I. BANGSAMORO INFORMATION COMMUNICATIONS 3

TECHNOLOGY OFFICE 4

Sec. 39. Bangsamoro Information Communications Technology 5

Office. – The Bangsamoro Information Communications Technology Office 6

(BICTO) shall have the following powers and functions: 7

8

a. Periodically formulate a BARMM ICT strategic development plan for 9

approval of the Bangsamoro Cabinet; 10

b. Formulate and recommend appropriate policies, procedures, standards 11

and guidelines relating to the acquisition, disposal, use, implementation, 12

utilization, management, security and protection of ICT resources; 13

c. Administer the implementation of major programs, activities, and projects 14

relating to Information and Communications Technology within the 15


d. Monitor and ensure the implementation, and undertake review and 17

periodic updating, of the Bangsamoro Government’s e-Government Plan; 18

e. Promote and monitor the compliance of the BARMM Ministries to existing 19

ICT laws, policies, standards, and guidelines; 20

f. Facilitate the configuration of Centralized Information Systems, which 21

shall be installed in the Information and Communications Office under the 22

Office of the Chief Minister, to enable rapid access to reliable information 23

and reinforce government services in the Bangsamoro Autonomous 24

Region; 25

g. Develop, manage and maintain the Bangsamoro Government-owned ICT 26

Infrastructure, except otherwise provided by law or executive issuance; 27

h. Ensure the alignment of regional ICT development plans with the 28

Bangsamoro Development Key point agenda; 29

i. Promote collaborative efforts to ensure ICT capabilities and capacities 30

across all sectors in the Bangsamoro Autonomous Region; and 31

j. Perform such other related functions as may be assigned by law or higher 32

authorities. 33

34

Sec. 73. Organizational Structure. – BICTO shall be headed by an 35

Executive Director II, who shall be appointed by the Chief Minister under co-36

terminus status. He/she shall be assisted by two (2) Division Chiefs, with support 37

staff. Its divisions are: (1) The ICT Infrastructure and Services Division, which shall 38

develop, install, interconnect, maintain, and protect the ICT infrastructure, systems, 39

and databases of the Bangsamoro Government, as well as connect databases to those 40

of their national counterparts, as far as practicable; and (2) The Planning and 41

Capacity Building Division, which shall develop plans, programs, and activities 42

related to the development and use of ICT. 43

44

Chapter 4 45

Power of the Chief Minister to Reorganize Executive Offices 46

64

Sec. 74. Continuing Authority of the Chief Minister to Reorganize 1

Executive Offices. - The Chief Minister, subject to the provisions of the 2

Bangsamoro Organic Law and in order to achieve simplicity, economy and efficiency, 3

shall have continuing authority to reorganize the administrative structure of the 4

Office of the Chief Minister. For this purpose, he/she may take any of the following 5

actions: (1) Restructure the internal organization of the Office of the Chief Minister 6

Proper by abolishing, consolidating or merging units thereof or transferring 7

functions from one unit to another; (2) Transfer any function under the Office of the 8

Chief Minister to any other ministry or agency as well as transfer functions to the 9

Office of the Chief Minister from other ministries and agencies; and (3) Transfer any 10

agency under the Office of the Chief Minister to any other ministry or agency as well 11

as transfer agencies to the Office of the Chief Minister from other ministries or 12

agencies.1 4 0 13

14

15

140

Derived from Sec. 18, Chapter 8, Title III, Book III of MMA Act No. 287

65

BOOK IV 1

GENERAL FUNCTIONS OF THE CABINET 2

3

4

Chapter 1 5

The Cabinet Ministers 6

Sec. 1. Executive Function and Authority of the Bangsamoro 7

Cabinet. – The executive function and authority shall be exercised by the Cabinet 8

which shall be headed by a Chief Minister. The acts of the Bangsamoro Cabinet 9

members performed and promulgated in the regular course of business, are, unless 10

disapproved or reprobated by the Chief Minister, presumptively executive acts. 11

Sec. 2. The Cabinet Minister. - The Cabinet Minister shall be the head of 12

the Ministry to be assisted by a Deputy Minister. 13

Sec. 3. Jurisdiction over Bureaus, Offices, Regulatory Agencies 14

and Government Corporations. - Each Ministry shall have jurisdiction over 15

bureaus, offices, regulatory agencies, and government-owned or controlled 16

corporations assigned to it by law. Unless otherwise expressly prohibited by law, the 17

Chief Minister may, by executive order, assign offices and agencies not otherwise 18

assigned by law to any ministry, or indicate to which ministry a government 19

corporation or board may be attached to.1 4 1 20

Sec. 4. Authority and Responsibility of the Cabinet Ministers. - The 21

Cabinet Ministers shall have the authority and responsibility to exercise the 22

mandates of their respective Ministries.1 4 2 23

Sec. 5. Powers and Functions of the Cabinet Ministers. - The Cabinet 24

Ministers shall be vested with the following powers and functions: 25

a. Recommend to the Chief Minister policies and programs; 26

b. Manage the implementation of ministry’s programs, projects, and 27

activities; 28

c. Establish policies and standards for the operation of the Ministry pursuant 29

to the approved programs of the Government of the Day; 30

d. Promulgate rules and regulations necessary to carry out ministry 31

objectives, policies, functions, plans, programs and projects; 32

e. Promulgate administrative issuances necessary for the efficient 33

administration of the offices under the Cabinet Minister and for proper 34

execution of the laws relative thereto. These issuances shall not prescribe 35

penalties for their violation, except when expressly authorized by law; 36

f. Exercise disciplinary powers over officers and employees under the 37

Cabinet Minister in accordance with law, including their investigation and 38

the designation of a committee or officer to conduct such investigation; 39

141

Derived from Sec. 6, Chapter 2, Book IV of MMA Act No. 287 142

See Sec. 7, Chapter 3, Book IV of MMA Act No. 287

66

g. Appoint all officers and employees of the Ministry except those whose 1

appointments are vested in the Chief Minister or in some other appointing 2

authority; 3

h. Exercise jurisdiction over all bureaus, offices, agencies and corporations 4

under the Ministry as are provided by law, and in accordance with the 5

applicable relationships; 6

i. Delegate authority to officers and employees under the Cabinet Ministry's 7

direction in accordance with this Code; and 8

j. Perform such other functions as may be provided by law.1 4 3 9

Sec. 6. Submission of Performance Evaluation Reports. - The 10

Cabinet Minister shall formulate and enforce a system of measuring and evaluating 11

periodically and objectively the performance of the Ministry and submit the same 12

annually to the Chief Minister. The Cabinet Minister shall likewise prepare and 13

submit to the Chief Minister an estimate of the necessary expenditures of the 14

Ministry during the next fiscal year, on the basis of the reports and estimates 15

submitted by bureaus and offices under him/her.1 4 4 16

Sec. 7. Powers and Duties of the Deputy Minister. – Except as may be 17

provided otherwise in this Code, as a general rule, the Deputy Minister shall have the 18

following general powers and duties: 19

a. Assist the Cabinet Minister in the formulation and implementation of 20

ministry policies, programs, projects and activities; 21

b. Coordinate policies, programs and projects of the Ministry and be 22

responsible for their efficient and effective implementation; 23

c. Serve as deputy to the Cabinet Minister in all matters relating to the 24

operations of the Ministry; 25

d. Discharge the duties of the Cabinet Minister in the latter's absence or 26

inability to discharge his/her duties for any cause or in case of vacancy of 27

the said office, unless otherwise provided by law. Where there are more 28

than one Deputy Ministers, the Cabinet Minister shall allocate the 29

foregoing powers and duties among them, except the power to appoint and 30

terminate employees; and 31

e. Perform such other functions and duties as may be provided by law.1 4 5 32

33

Chapter 2 34

Administrative Relationship 35

Sec. 8. Definition of Administrative Relationship. - Unless otherwise 36

expressly stated in this Code or in other laws defining the special relationships of 37

143

See Sec. 8, Chapter 3, Book IV of MMA Act No. 287 144



67

particular ministries or agencies, administrative relationships shall be categorized 1

and defined as follows: 2

(1) Supervision and Control. - Supervision and control shall include 3

authority to act directly whenever a specific function is entrusted by law 4

or regulation to a subordinate; direct the performance of duty; restrain 5

the commission of acts; review, approve, reverse or modify acts and 6

decisions of subordinate officials or units; determine priorities in the 7

execution of plans and programs; and prescribe standards, guidelines, 8

plans and programs. Unless a different meaning is explicitly provided 9

in the specific law governing the relationship of particular ministries or 10

agencies, the word "control" shall encompass supervision and control 11

as defined in this paragraph. 12

(2) Administrative Supervision. – (a) Administrative supervision 13

which shall govern the administrative relationship between a ministry 14

or its equivalent and regulatory agencies or other agencies as may be 15

provided by law, shall be limited to the authority of the ministry or its 16

equivalent to generally oversee the operations of such agencies and to 17

ensure that they are managed effectively, efficiently and economically 18

but without interference with day-to-day activities; or require the 19

submission of reports and cause the conduct of management audit, 20

performance evaluation and inspection to determine compliance with 21

policies, standards and guidelines of the ministry; to take such action 22

as may be necessary for the proper performance of official functions, 23

including rectification of violations, abuses and other forms of 24

maladministration; and to review and pass upon budget proposals of 25

such agencies but may not increase or add to such budget proposals; 26

(b) Such authority shall not, however, extend to contracts entered into 27

by the agency in the pursuit of its objectives, the review of which and 28

other procedures related thereto shall be governed by appropriate 29

laws, rules and regulations; and the power to review, reverse, revise, 30

or modify the decisions of regulatory agencies in the exercise of their 31

regulatory or quasi-judicial functions; 32

33

(c) Unless a different meaning is explicitly provided in the specific law 34

governing the relationship of particular agencies, the word 35

"supervision" shall encompass administrative supervision as defined 36

in this paragraph. 37

38

(3) Attachment. - (a) Attachment refers to the lateral relationship 39

between the ministry or its equivalent and the attached agency or 40

corporation for purposes of policy and program coordination. The 41

coordination may be accomplished by having the ministry represented 42

in the governing board of the attached agency or corporation, either as 43

Chairperson or as a member, with or without voting rights, if this is 44

68

permitted by the charter; having the attached corporation or agency 1

comply with a system of periodic reporting which shall reflect the 2

progress of programs and projects; and having the ministry or its 3

equivalent provide general policies through its representative in the 4

board, which shall serve as the framework for the internal policies of 5

the attached corporation or agency. 6

(b) Matters of day-to-day administration or all of those pertaining to 7

internal operations shall be left to the discretion or judgment of the 8

executive officer of the agency or corporation. In the event that the 9

Cabinet Minister and the head of the board or the attached agency 10

or corporation strongly disagree on the interpretation and 11

application of policies, and the Cabinet Minister is unable to resolve 12

the disagreement, he/she shall bring the matter to the Chief 13

Minister for resolution and disposition; 14

15

(c) Government-owned or controlled corporations attached to a 16

ministry shall submit to the Cabinet Minister concerned their 17

audited financial statements on or before the 15th day of January of 18

each year; and 19

20

(d) Pending submission of the required financial statements, the 21

corporation shall continue to operate on the basis of the preceding 22

year's budget until the financial statements shall have been 23

submitted. Should any government-owned or controlled 24

corporation incur an operation deficit at the close of its fiscal year, it 25

shall be subject to administrative supervision of the ministry; and 26

the corporation's operating and capital budget shall be subject to 27

the ministry's examination, review, modification and approval.1 4 6 28

29

30

Chapter 3 31

Supervision And Control 32

Sec. 9. Cabinet Minister's Authority. - The Cabinet Minister shall have 33

supervision and control over the bureaus, offices, and agencies under him/her 34

excluding chartered institutions or government-owned or controlled corporations 35

attached to the ministry, subject to the following guidelines: 36

a. Initiative and freedom of action on the part of subordinate units shall be 37

encouraged and promoted, rather than curtailed, and reasonable 38

opportunity to act shall be afforded those units before control is exercised; 39

and 40

b. Functions involving discretion, experienced judgment or expertise vested 41

by law upon a subordinate agency, control shall be exercised in accordance 42

with said law.1 4 7 43

44

146



69

Sec. 10. Delegation of Authority. - In accordance with the provisions on 1

specific powers provided in this Code, the Cabinet Minister or the head of a ministry, 2

office, or agency shall have authority over and responsibility for its operation. He/she 3

shall delegate such authority to the bureau and field directors as may be necessary 4

for them to implement plans and programs adequately. Delegated authority shall be 5

to the extent necessary for efficient and effective implementation of national and 6

regional programs in accordance with policies and standards developed by each 7

ministry or agency with the participation of the Field Directors. The delegation shall 8

be in writing; shall indicate to which officer or class of officers or employees the 9

delegation is made; and shall vest sufficient authority to enable the delegate to 10

discharge his/her assigned responsibility.1 4 8 11

12

Sec. 11. Authority of the Ministry Over Attached Agencies/Offices. - 13

Unless otherwise provided by law, attached agencies and offices shall be under the 14

control and supervision of the appropriate ministries. The bureaus and agencies with 15

pending transfer to the Bangsamoro Government shall continue to operate and 16

function in accordance with their respective charters, laws or orders. 17

18

19

Chapter 4 20

Relationship of Government-Owned or Controlled Corporations and 21

Regulatory Agencies to the Ministry 22

Sec. 12. Government-Owned or Controlled Corporations. - 23

Government-owned or controlled corporations shall be attached to the appropriate 24

ministry with which they have allied functions, as hereinafter provided, or as may be 25

provided by executive order, for policy and program coordination and for general 26

supervision provided in pertinent provisions of this Code. In order to fully protect 27

the interests of the Bangsamoro Government in government-owned or controlled 28

corporations, at least one-third (1/3) of the members of the Boards of such 29

corporations should either be a Cabinet Minister, Deputy Minister or other senior 30

officials of the appropriate ministries.1 4 9 31

Sec. 13. Regulatory Agencies. - A regulatory agency shall be subject to the 32

administrative supervision of the ministry under which they are placed, except when 33

they are government corporations in which case they shall be governed by the 34

provisions of the preceding section. The heads of regulatory agencies shall submit 35

annually, for the approval of the Cabinet Minister concerned, their budgets and work 36

plans which shall be the basis of their day-to-day operations. The regulatory agencies 37

may avail themselves of the common auxiliary and management services of the 38

ministry as may be convenient and economical for their operations.1 5 0 39

40

41

42

148




70

Chapter 5 1

Appointments 2

Sec. 14. Recruitment, Selection, Placement and Promotion Board 3

(RSPPB). – All ministries, agencies and offices of the Bangsamoro Government 4

shall establish their respective Recruitment, Selection, Placement and Promotion 5

Board which shall evaluate and recommend the appointment and promotion of 6

personnel with the rank of Division Chiefs and below, in accordance with the 7

provisions of Omnibus Rules on Appointments and Other Human Resource Actions 8

of the Civil Service.1 5 1 9

Sec. 15. Disqualification of the Spouse and Relatives of the Chief 10

Minister and Other Officials. - The spouse/s and relatives by consanguinity or 11

affinity within the fourth civil degree of the Chief Minister, the Deputy Chief 12

Ministers, the Speaker of Parliament, the Cabinet Ministers, or their deputies, shall 13

not during their tenure be appointed or designated to positions of which they are the 14

appointing authority except to positions which are primarily confidential in nature 15

and such other position covered by exemptions provided by law.1 5 2 16

17

18

Chapter 6 19

Administrative Issuances 20

Sec. 16. General Classification of Issuances. - The administrative 21

issuances of Cabinet Members and heads of bureaus, offices or agencies shall be in 22

the form of circulars or orders. Circulars shall refer to issuances prescribing policies, 23

rules and regulations, and procedures promulgated pursuant to law, applicable to 24

individuals and organizations outside the Bangsamoro Government and designed to 25

supplement provisions of the law or to provide means for carrying them out, 26

including information relating thereto. Orders shall refer to issuances directed to 27

particular offices, officials, or employees, concerning specific matters including 28

assignments, detail and transfer of personnel, for observance or compliance by all 29

concerned.1 5 3 30

Sec. 17. Docketing of Issuances. - Every circular or order issued pursuant 31

to the preceding section shall properly be identified as such and chronologically 32

numbered. Each class of issuance shall begin with number 001 and series of the year 33

of issuance.1 5 4 34

Sec. 18. Official Logbook. - Each ministry, commission, bureau, office or 35

agency shall keep and preserve a logbook in which shall be recorded in chronological 36

order, all final official acts, decisions, transactions or contracts, pertaining to the 37

ministry, bureau, office or agency. Whenever the performance of an official act is in 38

issue, the date and the time record in the logbook shall be controlling. The logbook 39

151





71

shall be in the custody of the chief administrative officer concerned and shall be open 1

to the public for information.1 5 5 2

Sec. 19. Government-wide Application of the Classification of 3

Issuances. - The Office of the Chief Minister shall provide such assistance as may 4

be necessary to effect general adherence to the foregoing classification of issuances, 5

including the conduct of studies for developing sub-classifications and guidelines to 6

meet peculiar needs. All administrative issuances of a general or permanent 7

character shall be compiled, indexed and published pursuant to the provisions of this 8

Code.1 5 6 Publication of administrative issuances affecting the public is required 9

before the same shall become effective. 10

11

12

Chapter 7 13

Miscellaneous Receipts 14

Sec 20. Charges for Property Sold or Services Rendered; Refunds. 15

- For services required by law to be rendered for a fee, for supplies furnished, or 16

articles of any kind sold to other divisions of the government or to any person, the 17

head of bureau, office or agency may, upon approval of the Bangsamoro Cabinet 18

charge and collect the cost of the service, supplies, or articles. The officer authorized 19

to fix the amount to be paid for service rendered and supplies or articles furnished or 20

sold in excess of cost prescribed by law or approved by the same authority may 21

recommend that the whole or part of any sum so paid be refunded, upon approval of 22

the Commission on Audit.1 5 7 23

Sec. 21. Disposition of Miscellaneous Bureau Receipts. - In the 24

absence of special provision, money collected for property sold or service rendered, 25

and all other receipts or earnings of ministries, bureaus, offices, and agencies not 26

derived from taxation, shall accrue to the general unappropriated funds of the 27

Bangsamoro Autonomous Government which shall be remitted to the Bangsamoro 28

Treasury Office, under the Ministry of Finance, and Budget and Management.1 5 8 29

Sec. 22. Printing of Studies and Researches. - With the approval of the 30

Bangsamoro Cabinet, a bureau, office, or agency may print its studies, researches and 31

similar materials for distribution at cost to the public. The Bangsamoro Cabinet may 32

authorize the reprinting of the said materials by private persons for sale to the public 33

upon payment of necessary costs for reproduction, which shall accrue to the general 34

fund and shall be remitted to the Bangsamoro Treasury Office.1 5 9 35

36

37

155





Derived from Sec. 31, Chapter 9, Book IV of MMA Act No. 287

72

Chapter 8 1

Contracts 2

Sec. 23. Conveyances and Contracts to which the Bangsamoro 3

Government is a Party. - Any deed, instrument or contract conveying the title to 4

real estate or to any other property shall be awarded through public bidding. Where 5

the amount of contracts exceeds five million pesos, such contract shall be executed 6

and signed by the Chief Minister on behalf of the Bangsamoro Government; provided 7

that contracts amounting to five million and below, the same may be executed and 8

signed by the Cabinet Minister or head of the agency concerned, subject to approval 9

by the Bangsamoro Cabinet.1 6 0 10

Sec. 24. Contracts for Approval by the Chief Minister. - Contracts for 11

infrastructure projects, including contracts for the supply of materials and 12

equipment to be used for such projects shall be approved by the Chief Minister.1 6 1 13

Sec. 25. Approval of Consultancy Contracts. - All purely consultancy 14

contracts relating to infrastructure projects, regardless of amount, shall be approved 15

by the Cabinet Minister concerned, in accordance with existing Guidelines on the 16

Hiring of Consultants.1 6 2 17

Sec. 26. Delegation of Authority to Governing Boards of 18

Government Corporations. - The Cabinet Ministers are authorized to delegate 19

tasks to the governing boards of government-owned or controlled corporations 20

which are attached to or are under the administrative supervision of their respective 21

ministries. In the case of government corporations which are attached to or under 22

the Office of the Chief Minister, the delegation shall be made by the Senior 23

Minister.1 6 3 24

Sec. 27. Public Bidding of Contracts. - As a general rule, contracts for 25

infrastructure projects shall be awarded after open public bidding to bidders who 26

submit the lowest responsive/evaluated bids. Open Public Bidding shall be 27

conducted among qualified contractors in accordance with laws and existing rules 28

and procedures.1 6 4 29

Sec. 28. Approval of Other Types of Government Contracts. - All 30

other types of government contracts shall, in the absence of a special provision, be 31

executed with the approval of the Cabinet Minister or by the head of the bureau or 32

office having control of the appropriation against which the contract would create a 33

charge. Such contracts shall be processed and approved in accordance with existing 34

laws, rules and regulations.1 6 5 35

36

37

38

160







73

Chapter 9 1

Controversies Among Government Offices And Corporations 2

Sec. 29. How Settled. - All disputes, claims and controversies, between or 3

among the ministries, bureaus, offices, agencies and instrumentalities of the 4

Bangsamoro Government, including government-owned or controlled corporations, 5

such as those arising from the interpretation and application of statutes, contracts or 6

agreements, shall be administratively settled or adjudicated in the manner provided 7

in this Code.1 6 6 8

Sec. 30. Disputes. - All such cases involving either purely questions of law, 9

mixed questions of law and of fact or only factual issues, shall be submitted to and 10

settled or adjudicated by the Bangsamoro Attorney-General of the Bangsamoro 11

Government and as ex-officio legal adviser of all government-owned or controlled 12

corporations. His/her ruling or decision thereon shall be conclusive and binding on 13

all the parties concerned.1 6 7 14

Sec. 31. Arbitration. - The determination of factual issues may be referred 15

to an arbitration panel composed of one representative from each of the parties 16

involved and presided over by a representative of the Bangsamoro Attorney - 17

General.1 6 8 18

Sec. 32. Appeals. - The decision of the Bangsamoro Attorney-General shall 19

be binding and executory upon the parties involved. Appeals may, however, be taken 20

to the Chief Minister where the amount of the claim or the value of the property 21

exceeds one million pesos. The decision of the Chief Minister shall be final.1 6 9 22

Sec. 33. Rules and Regulations. – The Bangsamoro Attorney-General 23

shall promulgate the rules and regulations necessary to carry out the provisions of 24

this Chapter.1 7 0 25

166






74

BOOK V 1

MINISTRIES AND OFFICES 2

3

4

TITLE I: 5

AGRICULTURE, FISHERIES AND AGRARIAN REFORM 6

7

8

Chapter 1 9

General Provisions 10

11

Sec. 1. Declaration of Policy. – It is the policy of the Bangsamoro 12

Government to ensure resiliency and productivity for food security, income and rural 13

employment in an enabling environment for farmers, fisherfolks and agrarian reform 14

beneficiaries. 15

16

Sec. 2. Mandate. - The Ministry of Agriculture, Fisheries and Agrarian 17

Reform and its attached agencies and bureaus shall promote sustainable agri–fishery 18

growth and development, and equitable land distribution and tenurial security in the 19


21

It shall formulate a policy framework conducive to increase public 22

investments and climate-resilient integrated support services under the direction of 23

the Bangsamoro Government, to make land and water resources profitable to ensure 24

food security through appropriate technologies and intensive promotion of agri-25

aqua-based enterprises towards the development of farmers and fisherfolks. It shall 26

ensure the availability, adequacy, accessibility and affordability of food supplies at all 27

times in the Bangsamoro Autonomous Region. 28

29

Sec. 3. Powers and Functions. - The Ministry of Agriculture, Fisheries 30

and Agrarian Reform shall have the following powers and functions: 31

32

a. Provide integrated services to farmers, fishermen and other food 33

producers on production, utilization, conservation and disposition 34

of agricultural livestock and fishery resources; 35

b. Plan, formulate, execute, regulate and monitor programs and 36

activities relating to agriculture, food production and supply; 37

c. Promulgate and enforce all laws, rules and regulations governing 38

the conservation and proper utilization of agricultural, livestock and 39

fishery resources; 40

d. Establish central and regional information systems to serve the 41

production, marketing and financing data requirements of the 42

farmers as well as domestic and foreign investors in agribusiness 43

ventures; 44

e. Provide comprehensive and effective extension services and training 45

to farmers and other agricultural entrepreneurs on the financing, 46

production and marketing aspects of agricultural and fishery 47

enterprises; 48

f. Conduct, coordinate, and disseminate research studies on 49

appropriate technologies for the improvement and development of 50

agricultural crops, livestock, fisheries and other allied commodities; 51

75

g. Provide the mechanisms for the participation of farmers, fishermen 1

and agricultural entrepreneurs at all levels of policy -making, 2

planning and program formulation; 3

h. Coordinate with and enlist other public and private agencies for 4

cooperation and assistance on matters affecting the policies, plans 5

and programs of the Ministry; 6

i. Issue clearances and permits for the importation and exportation of 7

agricultural and fishery commodities, subject to existing guidelines, 8

laws, rules and regulations of concerned national and regional 9

agencies; 10

j. Approve charter contracts, issue permits for Special Commercial 11

Fishing Boats and Licenses for Commercial Fishing Vessels and 12

Gears to operate within the territorial waters of BARMM in 13

accordance with national and regional laws; 14

k. Determine and designate fish landing points for all commercial 15

fishing boats within its territorial limits; 16

l. Assist LGUs in the management and conservation of their 17

municipal waters; 18

m. Regulate and supervise the production, capture and gathering of 19

fish and fishery/aquatic products; 20

n. Designate areas in the BARMM as fishery reserv es for the exclusive 21

use of the Bangsamoro Government or any of its political 22

subdivisions, agencies or instrumentalities, or of the inhabitants 23

therein, for the culture of fish and other aquatic animals for 24

educational, research and scientific purposes in accordance with 25

existing laws; 26

o. Implement all agrarian laws and for this purpose, it is authorized to 27

issue subpoena, subpoena duces tecum, writ of execution of its 28

decision, cite any person for contempt under penalty of laws such 29

other legal processes as to ensure the success and expeditious 30

implementation of the Agrarian Reform Program;1 7 1 31

p. Advise the Chief Minister and concerned Councils or Bodies on the 32

promulgation of executive and administrative orders, other 33

regulation issuances and legislative proposals designed to 34

strengthen agrarian reform, and protect the interest of the 35

beneficiaries thereof;1 7 2 36

q. Establish and promulgate operational policies, rules and regulations 37

and priorities for agrarian reform implementation in the BARMM in 38

accordance with existing laws;1 7 3 39

r. Coordinate program implementation with the Land Bank of the 40

Philippines (LBP) and other relevant civilian and military 41

government agencies mandated to support the agrarian reform 42

program;1 7 4 43

s. Acquire, administer, distribute and develop agricultural lands for 44

agrarian reform purposes;1 7 5 45

171

See Sec. 3 (1), Chapter 1, Title I of MMA Act No. 287 172

Derived from Sec. 3 (2), Chapter 1, Title I of MMA Act No. 287 173



See Sec. 3 (5), Chapter 1, Title I of MMA Act No. 287

76

t. Undertake surveys of lands covered by agrarian reform;1 7 6 1

u. Issue emancipation patents to farmers and farm-workers covered by 2

agrarian reform for both private and public lands and when 3

necessary, make administrative corrections of the same;1 7 7 4

v. Provide free legal service to agrarian reform beneficiaries and 5

resolve agrarian conflicts and land tenure related problems as may 6

be provided by the law;1 7 8 7

w. Promote the organization and development of cooperatives and 8

other organizations of agrarian reform beneficiaries;1 7 9 9

x. Conduct continuing education and promotion programs on agrarian 10

reform for beneficiaries, landowners, government personnel and the 11

general public;1 8 0 12

y. Institutionalize the participation of farmers, farmworkers, other 13

beneficiaries, and agrarian reform advocates in agrarian reform 14

policy formulation, program implementation and evaluation;1 8 1 15

z. Exercise exclusive authority to approve or disapprove conversion of 16

agricultural lands for residential, commercial, industrial and other 17

land uses as may be provided for by law;1 8 2 18

aa. Call upon any government agency and non-government 19

organization to extend full support and cooperation to program 20

implementation;1 8 3 and 21

bb. Exercise such other powers and functions as may be provided for 22

by law or directed by the Chief Minister to promote efficiency and 23

effectiveness in the delivery of public services.1 8 4 24

25

Sec. 4. Organizational Structure. – The Ministry of Agriculture, 26

Fisheries and Agrarian Reform shall consist of the Ministry Proper, Ministry Services 27

and Offices, and such other appropriate divisions or units as may be necessary. 28

29

30

Chapter 2 31

Ministry Proper 32

33

Sec. 5. Office of the Minister. – The Office of the Minister of Agriculture, 34

Fisheries and Agrarian Reform consists of the Minister, the Deputy Minister, and 35

their immediate staff. 36

37

Sec. 6. Powers and Functions of the Minister. - The Minister shall be 38

vested with the following powers and functions: 39

40

a. Recommend to the Bangsamoro Cabinet policies and programs related to 41

Agriculture, Fisheries, and Agrarian Reform; 42

176









See Sec. 3 (14), Chapter 1, Title I of MMA Act No. 287

77

b. Administer the Ministry in accordance with law, relevant executive orders 1

and regulations issued by the Chief Minister; 2

c. Manage the implementation of Ministry programs, projects, and activities; 3

d. Establish policies and standards for the operation of the Ministry pursuant 4

to the approved programs of the Bangsamoro Government; 5

e. Promulgate rules and regulations necessary to carry out Ministry’s 6


f. Promulgate administrative issuances necessary for the efficient 8

administration of the Ministry, and for proper execution of the laws 9

relative thereto. These issuances shall not prescribe penalties for their 10

violation, except when expressly authorized by law; 11

g. Exercise disciplinary powers over officers and employees under the 12

Ministry in accordance with law enacted by the Bangsamoro Parliament, 13

including their investigation and the designation of a committee or officer 14

to conduct such investigation; 15

h. Appoint all officers and employees of the Ministry except those whose 16

appointments are specifically vested in the Chief Minister or in some other 17

appointing authority; 18

i. Exercise jurisdiction over all bureaus, offices, agencies and corporations 19



j. Delegate authority to officers and employees under the Minister's direction 22

in accordance with this Code; and 23

k. Perform such other functions as may be provided by law. 24

25

Sec. 7. Powers and Functions of the Deputy Minister. - The Deputy 26

Minister shall perform the following powers and functions: 27

a. Assist the Minister in implementing the policies of the Ministry; 28

b. Recommend policies for operations and program developments in the 29

Ministry; and 30

c. Perform such other functions as may be delegated by the Minister. 31

32

Sec. 8. The Bangsamoro Directors-General. – There shall be three (3) 33

Bangsamoro Directors- General, who shall be the highest career officials of the 34

Ministry, with appropriate eligibility. The Offices of the Bangsamoro Directors-35

General shall be responsible for overseeing the administration, programs and 36

strategic plan of the ministry, with respect to: (a) Agriculture; (b) Fisheries; and (c) 37

Agrarian Reform. The Bangsamoro Directors-General shall be the direct supervisors 38

of the respective Service Directors of the Ministry. 39

40

41

78

Chapter 3 1

Structure of the Ministry 2

3

Sec. 9. Structure. - The Ministry of Agriculture, Fisheries, and Agrarian 4

Reform shall be supported by Services, Bureaus, Divisions, Sections, and Units, such 5

as but not limited to: Administrative and Finance; Technical; Operations; Legal; 6

Field; Internal Audit; and the likes. 7

8

9

Chapter 4 10

Sectoral Offices 11

12

Sec. 10. Office of the Bangsamoro Director-General for 13

Agriculture. The Office of the Bangsamoro Director-General for Agriculture shall 14

have the following services: 15

16

A. Field Operations Services - The Field Operations Services, headed by 17

a Director II, shall serve as the coordinating body and functional link of the 18

Ministry. It shall consist of the following: (a) Agriculture Engineering 19

Division; and (b) Agri-Business Management and Assistance Division. 20

21

Each division shall be headed by a Division Chief. 22

23

B. Agricultural Research and Regulatory Services. - The Agricultural 24

Research and Regulatory Services, headed by a Director II, consists of the 25

following: (a) Research and Regulatory Division; and (b) Integrated 26

Laboratory Division. 27


Sec. 11. Office of the Bangsamoro Director-General for Fisheries. 29

– The Office of the Bangsamoro Director-General for Fisheries shall have the 30

following services: 31

32

A. Fisheries Operations Services – The Fisheries Operations Services, 33

headed by a Director II, consists of the following: (a) Fisheries Production 34

Division; (b) Fisheries Resource Management Division; and (c) Fisheries 35

Post-Harvest and Marketing Division. 36


B. Fisheries Research and Regulatory Services. - The Fisheries 38

Research and Regulatory Services, headed by a Director II, consists of the 39

following: (a) Research Division; and (b) Fisheries Regulations and Law 40

Enforcement Division. 41


Sec. 12. Office of the Bangsamoro Director-General for Agrarian 43

Reform. – The Office of the Bangsamoro Director-General for Agrarian Reform 44

79

shall have the following divisions: (a) Agrarian Reform Support Services Division; 1

and (b) Land Tenure Services and Operations Division. 2

3

Each division shall be headed by a Chief Agrarian Reform Program Officer as 4

Division Chief. 5

6

Sec. 13. Bangsamoro Agrarian Reform Adjudication Board. - 7

Subject to the transfer of the adjudicatory functions, the Bangsamoro Agrarian 8

Reform Adjudication Board shall be administratively under the Office of the Minister 9

Proper. The Board shall be composed of the Minister as Chairperson, the 10

Bangsamoro Director General, the Director for Agrarian Reform, the Chief of the 11

Legal Services and one (1) member to be designated by the Minister. 12

13

The Board shall assume the powers and functions with respect to the 14

adjudication of agrarian reform cases except those powers and functions within the 15

exclusive jurisdiction of Minister of Agriculture, Fisheries and Agrarian Reform. 16

These powers and functions may be delegated to the provincial offices of the Ministry 17

through their provincial adjudicators. 18

19

20

Chapter 5 21

Provincial and Municipal Offices 22

23

Sec. 14. Provincial Offices. - The Ministry shall have Provincial Offices, 24

each to be headed by a Director II. The Provincial Offices shall be responsible for 25

directing and coordinating the operations and activities of the MAFAR Municipal 26

Offices operating within the province.1 8 5 27

28

Sec. 15. MAFAR Municipal Offices. - The Ministry shall have as many 29

MAFAR Municipal Offices as may be necessary in promoting efficiency and 30

effectiveness in the delivery of its service, which shall be headed by a MAFAR 31

Municipal Officer.1 8 6 32

33

Sec. 16. Authority of the Ministry Proper over Provincial and 34

Municipal Offices. – The Minister shall exercise technical and administrative 35

control and supervision over Provincial and Municipal Offices within the 36

Bangsamoro Autonomous Region and such other powers necessary, appropriate or 37

incidental in carrying out the implementation of agriculture, fisheries, and agrarian 38

reform programs and projects in their respective area. 39

40

41

42

43

44

185

Derived from Sec. 13, Chapter 4, Title I of MMA Act 287 186

Derived from Sec. 14, Chapter 4, Title I of MMA Act 287

80

TITLE II: 1

BASIC, HIGHER, AND TECHNICAL EDUCATION 2

3

4

Chapter 1 5


7

Sec. 1. Declaration of Policies. – The Bangsamoro Government shall 8

promote and protect the constitutional right of all to quality and accessible education 9

at all levels and to establish, maintain and support a complete, adequate, and 10

integrated system of education relevant and responsive to the needs, ideals and 11

aspirations of the Bangsamoro People. The Bangsamoro Educational System is a 12

subsystem of the national education system. Pursuant to this, the Bangsamoro 13

Government shall: 14

15

a. Promote, affirm and strengthen the Bangsamoro Peoples’ distinct 16

historical identity and long struggle to chart their own destiny as a people 17

and their ambition to build a future where all can live together in justice 18

and peace; 19

b. Establish, maintain and supervise an education system where the 20

processes, inputs, outputs and outcomes of education adhere to a set of 21

standards; 22

c. Establish, maintain and supervise a strong early childhood care and 23

education that puts emphasis on the social, emotional, cognitive, physical 24

and spiritual needs of the child for a strong foundation of learning and 25

well-being all throughout life; 26

d. Establish, maintain and supervise basic education in both the school 27

system and madrasah system to meet learning needs and provide the 28

foundation on which subsequent learning can be based; 29

e. Establish, maintain and supervise alternative learning modalities; 30

f. Establish, maintain and supervise higher education which shall produce 31

high-level and middle-level professionals who, as productive and effective 32

citizens, contribute actively to community and national development; 33

g. Establish, maintain, and supervise technical education and skills 34

development which will develop the middle level professionals; 35

h. Encourage lifelong learning and continuing education for all Bangsamoro 36

Peoples to develop their knowledge, values and competencies beyond the 37

regular schooling years; 38

i. Develop, adopt and implement the standards for qualification outcomes 39

and support the development of pathways and equivalencies that enable 40

access to qualifications aligned with national and international 41

qualifications framework; 42

j. Establish, maintain and supervise an indigenous education system to 43

provide equitable access to quality education for indigenous peoples (IP) 44

learners and maintain, protect and promote IP culture and tradition; 45

k. Establish and maintain a system of mobilizing resources and financing to 46

enable educational institutions to achieve the Bangsamoro education 47

standards and to enable learners to have access to quality education; and 48

l. Ensure the application of moral governance in all levels in the education 49

system. 50

81

1

Sec. 2. Mandate. – The Ministry shall be primarily responsible for the 2

formulation, planning, implementation and coordination of the policies, plans, 3

programs and projects in the areas of formal and non-formal education at all levels, 4

supervise all educational institutions, both public and private, and provide for the 5

establishment, maintenance and support of a complete, adequate, and integrated 6

system of education relevant and responsive to the needs, ideals and aspirations of 7

the Bangsamoro People. 8

9

Sec. 3. Powers and Functions. – The Ministry of Basic, Higher, and 10

Education shall have the following powers and functions: 11

12

a. Formulate, plan, implement and coordinate the policies, plans, programs 13

and projects for the following: 14

15

1. Elementary and secondary, physical education and sports, 16

international education, private education, in both school system and 17

madrasah system; 18

2. Non-formal education in school and Madrasah system; 19

3. Higher education, including Islamic higher education; 20

4. Technical education and skills development; 21

5. Indigenous people’s education and tribal university system; and 22

6. Foreign and locally assisted projects in relation to the preceding items. 23

24

b. Establish, maintain, and support a complete and integrated system of 25

quality education, which shall be a subsystem of the national education 26

system;1 8 7 27

c. Develop an educational framework relevant and responsive to the needs, 28

ideals, and aspirations of the Bangsamoro people;1 8 8 29

d. Institutionalize peace education in all levels of education;1 8 9 30

e. Supervise and regulate private schools, including sectarian and non-31

sectarian institutions of learning in any level;1 9 0 32

f. Establish, maintain, and supervise Madaris education in the Bangsamoro 33

Autonomous Region;1 9 1 34

g. Ensure the integration on the elementary and high school education 35

curricula the teaching of Islamic and Arabic studies for Muslim pupils and 36

students in public schools;1 9 2 37

h. Develop and maintain an integrated and comprehensive physical 38

education program;1 9 3 39

i. Develop appropriate curricula, quality textbooks, and teaching 40

materials;1 9 4 41

187

See Sec. 16, Art. IX, BOL 188







See Sec. 16 (3), Chapter 2, Title III of MMA Act 287

82

j. Establish linkages with institutions with track record of excellence to 1

provide preservice and in-service training for teachers and training courses 2

for non-teaching staff;1 9 5 3

k. Exercise the powers of selection, recruitment, appointment, and 4

promotion of teaching and non-teaching personnel of the Ministry;1 9 6 5

l. Determine the organizational components and approve staffing patterns of 6

the divisions, districts and schools;1 9 7 7

m. Promulgate rules and regulations or such guidelines as may be required for 8

efficient and effective administration, control and supervision and 9

regulation of basic, higher, and technical educational institutions in the 10

Bangsamoro Autonomous Region, including the Madaris;1 9 8 11

n. Evaluate all schools division superintendents and assistant division 12

superintendents in the Bangsamoro Autonomous Region;1 9 9 and 13

o. Perform such other functions and powers as may be provided by law. 14

15

Sec. 4. Organizational Structure. – The Ministry of Basic, Higher, and 16

Technical Education shall consist of the Ministry Proper, Ministry Services and 17

Offices, and such other appropriate divisions or units as may be necessary. 18

19

20

Chapter 2 21

Ministry Proper 22

23

Sec. 5. Office of the Minister. – The Office of the Minister of Basic, 24

Higher, and Technical Education consists of the Minister, the Deputy Minister, and 25

the immediate staff. 26

27



30


Basic, Higher, and Technical Education; 32














195

See Sec. 16 (4), Chapter 2, Title III of MMA Act 287 196




See Sec. 16 (13), Chapter 2, Title III of MMA Act 287

83












12





Ministry; and 17


19

Sec. 8. The Bangsamoro Directors-General. – There shall be four (4) 20




strategic plan of the ministry, with respect to: (a) Basic Education; (b) Higher 24

Education; (c) Technical Education; and (d) Madaris Education. The Bangsamoro 25

Directors-General shall be the direct supervisors of the respective Service Directors 26

of the Ministry. 27

28

29

Chapter 3 30


32

Sec. 9. Services and Offices. – The Ministry of Basic, Higher, and 33

Technical Education’s Services and Offices are, as follows: 34

35

(1) Administrative and Finance Services. The Administrative and Finance 36

Services shall be headed by a Director II . 37

38

Under the Administrative Services are the following: (a) Human Resource 39

Management Division; (b) General Services Division; (c) Records Division; 40

(d) Cash Division; (e) Accounting Division; and (f) Budget Division. 41

42


44

(2) Technical Services. The Technical Services shall be headed by a Director 45

II. 46

47

Under the Technical Services are the following: (a) Policy and Planning 48

Division; (b) Project Development and Monitoring Division; and (c) Public 49

Assistance Division. 50

84

1


3

(3) Legal Services. The Legal Services shall be headed by an Attorney VI . 4

5

Under the Legal Services are the following: (a) Legislative Liaison Division; 6

and (b) Legal Assistance Division. 7

8


10

(4) Procurement Services. The Procurement Services shall be headed by a 11

Director II. 12

Under the Procurement Services are the following: (a) Procurement Division; 13

and (b) Supply Division. 14


16

(5) Internal Audit Office. The Internal Audit Office shall be headed by an 17

Internal Auditor V and shall directly report to the Minister of Basic, Higher, 18

and Technical Education. 19

20

Chapter 4 21

Division Offices 22

23

Sec. 10. Organization. – The Ministry is hereby authorized to establish, 24

operate and maintain Division Offices in the Provinces of Lanao del Sur, 25

Maguindanao, Sulu, Basilan and Tawi-Tawi, the cities of Marawi, Lamitan and 26

Cotabato and one to cover the 63 barangays of North Cotabato. Each of the Division 27

Offices shall be headed by a Division Superintendent who shall be assisted by an 28

Assistant Division Superintendent. 29

30

Sec. 11. Functions. - The Division Offices shall: 31

32

a. Formulate and implement the Division Plan; 33

b. Implement laws, rules and regulations, policies, plans, programs and projects 34

of the Ministry; 35

c. Coordinate with local government units, civil society and non-government 36

organizations 37

d. Perform other functions as may be provided by law or by the Minister. 38

39

Sec. 12. Authority of the Ministry Proper over Division Offices. 40

– The Minister shall exercise technical and administrative control and supervision 41

over Division Offices within the Bangsamoro Autonomous Region and such other 42

powers necessary, appropriate or incidental in carrying out the implementation of 43

basic, higher, technical, and Madaris education programs and projects in their 44

respective area. 45

46

85

Sec. 13. Project Management Offices. – The Minister may create Project 1

Management Offices for special projects that have a fixed term. Regular Ministry 2

employees may be assigned to the Project Management Office but may be 3

supplemented by contractual employees or consultants who shall be co-terminus 4

with the Project. The creation of a Project Management Office shall be subject to the 5

approval of the Cabinet. 6

7

8

Chapter 5 9

Bangsamoro Education Board 10

11

Sec. 14. Bangsamoro Education Board. – The Bangsamoro Education 12

Board is hereby created to support the Ministry in the formulation of policies of 13

Bangsamoro Education. The Ministry shall issue the guidelines governing the 14

composition, roles and functions of the Bangsamoro Education Board. 15

16

17

18

86

TITLE III 1

ENVIRONMENT, NATURAL RESOURCES AND ENERGY 2

3

4

Chapter 1 5


7

Sec. 1. Declaration of Policies. – It shall be the policy of the Bangsamoro 8

Government to: 9

10

a. Exercise power, authority and right to explore, develop and utilize the 11

natural resources, including surface and sub-surface rights, inland 12

waters, coastal waters, mines and minerals and renewable and non-13

renewable resources in the Bangsamoro Autonomous Region; 14

b. Ensure continuous, adequate and economic supply of energy and 15

likewise promote the use of renewable energy for power generation to 16

achieve the sustainable development goals and as far as practicable, 17

promote low-carbon energy generation policies; and 18

c. Give priority to the protection, conservation, rehabilitation and 19

development of forests, coastal and marine resources, including the 20

adoption of programs and projects, to ensure the maintenance of 21

ecological balance and biodiversity. 22

23

Sec. 2. Mandate. - The Ministry shall be primarily responsible for the 24

exploration, utilization, management, conservation, protection and sustainable 25

development of the region’s environment, natural resources and energy sources. 26

27

Sec. 3. Powers and Functions. - The Ministry shall have the following 28

powers and functions: 29

30

a. Recommend the enactment of regional laws relative to the development, 31

utilization, regulation and conservation of the natural resources and 32

energy and the control of pollution; 33

b. Formulate, supervise, and implement policies, plans and programs 34

pertaining to the management, conservation, protection, development 35

and utilization of the region’s environment, natural resources, and 36

energy; 37

c. Promulgate rules and regulation in accordance with regional law 38

governing the exploration, development, conservation, disposition, 39

utilization and such other commercial activities tending to cause the 40

depletion and degradation of our environment, natural resources, and 41

energy; 42

d. Exercise supervision and control over forest lands, agricultural lands, 43

mineral resources, and national parks within the Bangsamoro 44


e. Recommend the declaration of nature reserves and marine parks, 46

forests, watershed reservations and other protected areas in the 47


f. Undertake exploration, assessment, classification and inventory of the 49

Bangsamoro Autonomous Region’s environment, natural resources, and 50

energy; 51

87

g. Promote proper and mutual consultation with the private sector 1

involving natural resources and energy development, utilization and 2

conservation within the Bangsamoro Autonomous Region; 3

h. Undertake geological surveys of the Bangsamoro Autonomous Region 4

including its territorial waters; 5

i. Establish and implement programs for the: 6

7

1. Accelerated inventory, surveys and classification of the region's 8

environment, natural resources and energy; 9

2. Equitable distribution of natural resources and energy; 10

3. Promotion, development and expansion of natural resources-based 11

industries; 12

4. Preservation of cultural and natural heritage through wildlife 13

conservation and segregation of national parks and other protected 14

areas; 15

5. Maintenance of a wholesome natural environment by enforcing 16

environmental protection laws; and 17

6. Encouragement of greater people participation and private initiative 18

in natural resource management. 19

20

j. Promulgate rules and regulations necessary to: 21

1. Accelerate cadastral surveys, land use planning and public land 22

titling; 23

2. Harness forest resources in a sustainable manner to assist rural 24

development; 25

3. Support forest-based industries and provide raw materials to meet 26

increasing demands at the same time keeping adequate reserves for 27

environmental stability; and 28

4. Expedite mineral resources surveys, promote the production of 29

metallic and non-metallic minerals and encourage mineral 30

marketing. 31

32

k. Regulate the development, disposition, exploration and utilization of the 33

Bangsamoro Autonomous Region’s forests, land, mineral and energy 34

resources, as defined by subsequent laws to be enacted by Parliament; 35

l. Exercise administration and supervision of all lands of the public domain 36

within the Bangsamoro Autonomous Region; 37

m. Promulgate rules and regulations for the control of water, air and land 38

pollution within the Bangsamoro Autonomous Region; 39

n. Recommend policies governing the grant of rights, privileges, and 40

concession over the exploration, development and utilization of fossil 41

fuels (such as petroleum, natural gas and coal) and uranium; 42

o. Subject to laws to be enacted by Parliament, supervise the 43

implementation of electric power industry restructuring to establish a 44

competitive, market-based environment, and encourage private sector 45

participation; 46

p. Build and exercise supervision and control over energy-projects relative 47

to power generation and distribution utilities, as may be provided in a 48

law passed by Parliament; 49

88

q. Promulgate policies rules and regulations for the conservation of the 1

Bangsamoro Autonomous Region’s genetic resources and biological 2

diversity, and endangered habitats; 3

r. Formulate an integrated, multi-sectoral and multi-disciplinary regional 4

conservation strategy, and 5

s. Perform such other acts as may be necessary, proper or incidental to the 6

attainment of its mandates and objectives and as directed and/or 7

assigned by the Chief Minister. 8

9

Sec. 4. Organizational Structure. - The Ministry of Environment, 10

Natural Resources and Energy shall consist of the Ministry Proper, Ministry 11

Services and Offices, and such other appropriate divisions or units as may be 12

necessary. 13

14

15

Chapter 2 16

Ministry Proper 17

18

Sec. 5. Office of the Minister. - T he Office of the Minister shall be 19

composed of the Minister, Deputy Minister, and their immediate staff. 20

21



24


Environment, Natural Resources, and Energy; 26

























51

89





Ministry; and 5


7

Sec. 8. The Bangsamoro Directors-General. – There shall be two (2) 8




strategic plan of the ministry, with respect to: (a) Environment and Natural 12

Resources; and (b) Energy. The Bangsamoro Directors-General shall be the direct 13

supervisors of the respective Service Directors of the Ministry. 14

15

16

Chapter 3 17


19

Sec. 9. Structure. - The Ministry of Environment, Natural Resources, and 20

Energy shall be supported by Services, Bureaus, Divisions, Sections, and Units, such 21


Field; Internal Audit; and the likes. 23

24

Chapter 4 25

Field Offices 26

27

Sec. 10. Field Offices. - The Field Offices of the Ministry are the 28

Provincial Environment, Natural Resources and Energy Offices (PENREOs) and 29

two (2) Community Environment, Natural Resources and Energy Offices 30

(CENREOs) in every province. 31

32

Sec. 11. Provincial and District Offices. - The Provincial and District 33

Offices shall be headed by a Provincial Environment, Natural Resources and Energy 34

Officer and Community Environment, Natural Resources and Energy Officer, 35

respectively and shall perform the following duties and functions; 36

37

a. Provide efficient and effective delivery of frontline services to the 38

Bangsamoro people; 39

b. Coordinate with other Provincial and District Offices and Local 40

Government Units in the enforcement of environment, natural 41

resources and energy laws, rules and regulations; 42

c. Implement laws, policies, plans, programs and projects of the 43

Ministry; 44

d. Perform monitoring and evaluation of all programs and projects of the 45

Ministry; and 46

e. Perform such other functions as may be provided by law or 47

assigned by the Minister. 48

49

90

Sec. 12. Authority of the Ministry Proper Over Field Offices. – 1

The Minister shall exercise technical and administrative control and supervision over 2

Field Offices within the Bangsamoro Autonomous Region and such other powers 3

necessary, appropriate or incidental in carrying out the implementation of 4

environment, natural resources, and energy programs and projects in their 5

respective area. 6

91

TITLE IV 1

FINANCE, AND BUDGET AND MANAGEMENT 2

3

4

Chapter 1 5


7

8


Government to promote, adopt, and implement sound and efficient use of 10

government resources for regional development and for the attainment of economic 11

self-sufficiency and genuine development.2 00 12

13

Sec. 2. Mandate. – The Ministry of Finance, and Budget and Management 14

is primarily mandated to evolve sound, efficient and responsive fiscal management 15

and utilization of resources. It shall be responsible for the formulation, 16

institutionalization and administration of fiscal policies in coordination with other 17

concerned ministries, agencies and instrumentalities of the Bangsamoro 18

Government. 19

20



23

a. Formulate medium-term expenditure and annual plans covering the 24

Bangsamoro Government’s resources mobilization efforts, in coordination 25

with other concerned ministries and offices, and supervise the 26

implementation of such plans; 27

b. Undertake the formulation of the annual budget of the Bangsamoro 28

Government; 29

c. Formulate, institutionalize and administer fiscal and tax policies; 30

d. Supervise, direct, manage, and control the collection of Bangsamoro 31

Government revenues; 32

e. Act as custodian of, and manage all financial resources of Bangsamoro 33

Government; 34

f. Manage public debt; 35

g. Review and coordinate the policies, plans and programs of Bangsamoro 36

Government financial institutions and, thereafter, recommend to them 37

courses of action consistent with the Bangsamoro government fiscal 38

policies, plans and programs; 39

h. Review and coordinate policies, plans and programs of Government 40

Owned and Controlled Corporations (GOCCs) in BARMM, and, thereafter, 41

recommend to them courses of action consistent with the Bangsamoro 42

government fiscal policies, plans and programs; 43

i. Ensure the implementation of policies and measures on local rev enue 44

administration; 45

j. Coordinate with other Bangsamoro Ministries and Offices on matters 46

concerning fiscal and monetary policies, credit, economic development, 47

international finance, trade and investment; 48

200

Derived from Sec. 1, Art. XII. BOL

92

k. Develop and administer standard accounting system essential to fiscal 1

management and control; 2

l. Conduct a continuing study of the bureaucracy and assess as well as make 3

policy recommendation on its role, size, composition, structure and 4

functions; 5

m. Establish rules and procedures for the management of government 6

organization resources, formulates standards or organizational program 7

performance, and undertakes services in work simplification or 8

streamlining of systems and procedures to improve efficiency and 9

effectiveness in government operations; 10

n. Conceptualize and administer the Bangsamoro Government’s 11

compensation and position classification consistent with national 12

standards; and 13

o. Perform such other powers and functions as may be assigned by the 14

Minister. 15

16

Sec. 4. Organizational Structure. – The Ministry of Finance, and 17

Budget and Management shall consist of the Ministry Proper, Ministry Services and 18

Offices, and such other appropriate divisions or units as may be necessary. 19

20

21

Chapter 2 22

Ministry Proper 23

24

Sec. 5. Office of the Minister. – The Office of the Minister of Finance, 25

and Budget and Management consists of the Minister, the Deputy Minister, and the 26

immediate staff. 27

28



31


Finance, and Budget and Management; 33



















93







7



a. Assist the Minister in implementing the policies of the Ministry ; 10


Ministry; and 12


14

Sec. 8. The Bangsamoro Director General. – The Bangsamoro Director 15

General shall be the highest career official of the Ministry, with appropriate 16

eligibility. The Office of the Bangsamoro Director General shall be responsible for 17

overseeing the administration, programs and strategic plan of the ministry. The 18

Bangsamoro Director General shall be the direct supervisor of the Service Directors 19

of the Ministry. 20

21

22

Chapter 3 23


25

Sec. 9. Structure. - The Ministry of Finance, and Budget and Management 26

shall be supported by Services, Bureaus, Divisions, Sections, and Units, such as but 27

not limited to: Administrative and Finance; Technical; Operations; Legal; Field; 28

Internal Audit; and the likes. 29

30

31

Chapter 4 32

Bangsamoro Treasury Office 33

Sec. 10. Organizational Structure; Term of Office. – The 34

Bangsamoro Treasury Office shall be headed by a Bangsamoro Treasurer with a 35

salary grade of 28, assisted by a career Deputy Treasurer. 36

37

The Bangsamoro Treasurer shall be appointed by the Chief Minister for a fixed 38

term of six (6) years, subject to reappointment. In no case shall the Bangsamoro 39

Treasurer serve for more than two (2) consecutive terms. 40

41

Sec. 11. Qualifications. - No person shall be appointed to the position of 42

Bangsamoro Treasurer unless he or she possesses all of the following qualifications: 43

44

a. A resident and registered voter of the Bangsamoro Autonomous Region 45

in Muslim Mindanao; 46

b. At least thirty (30) years of age; 47

c. Must have at least five (5) years of relevant experience in accounting, 48

auditing, or financial management; 49

94

d. A bachelor’s degree holder in accountancy or relevant courses, and 1

preferably a Certified Public Accountant or a holder of Master’s in 2

Business Administration or Public Administration; and 3

e. Of proven honesty and integrity. 4

5

Sec. 12. Functions. – The Bangsamoro Treasury Office shall have the 6


8

a. Receive and safeguard all the revenues generated and collected by the 9


b. Act as principal custodian of financial assets and real properties of the 11


c. Develop an investment strategy for investment of funds of the 13


d. Manage the Bangsamoro Government’s investment program including 15

the monitoring and analyzing of financial market conditions; 16

e. Conduct short and long-term cash flow analysis; 17

f. Formulate annual projections of revenue needs, cash position and 18

borrowing capacity of the Bangsamoro Government; 19

g. Formulate and execute policies on financial management, public 20

borrowings and capital market development; 21

h. Assist in the management, control and servicing of public debts from 22

domestic or foreign sources; and 23

i. Perform such other appropriate functions as may be assigned law. 24

25

Sec. 13. Performance of Functions. – The Bangsamoro Treasurer shall, 26

at all times, act with the highest fiduciary standard in the performance of his/her 27

functions. 28

Sec. 14. Relation with Treasurers of Local Government Unit 29

(LGUs). – Relationship between the Bangsamoro Treasurer, the provincial, city, 30

municipal, or barangay treasurer shall be defined and executed in accordance 31

with the provisions of applicable laws, rules and regulations, and such 32

institutional arrangements as may be agreed upon by the Bangsamoro 33

Government and the National Government or their respective 34

instrumentalities.2 01 35

36

37

Chapter 5 38

Bangsamoro Finance Office 39

40

Sec. 15. Organizational Structure. – The Bangsamoro Finance Office 41

shall be headed by a Director III, who shall be appointed by the Chief Minister, and 42

shall be subject to the supervision and control of the Minister of Finance, and Budget 43

and Management. 44

45

Sec. 16. Functions. – The Bangsamoro Finance Office shall have the 46


48

201

Sec. 10, Chapter 1, Title XVII of MMA Act No. 287

95

a. Formulate goals, action plans and strategies for the Bangsamoro 1

Government’s resource mobilization efforts; 2

b. Formulate, institutionalize and administer fiscal and tax policies for the 3


c. Supervise, direct and manage the collection of Bangsamoro Government 5

revenues; 6

d. Review and coordinate policies, plans and programs of Government 7

Owned and Controlled Corporations (GOCCs) in the Bangsamoro 8


e. Ensure the implementation of policies and measures on local revenue 10

administration; 11

f. Coordinate with other Ministries and Offices on matters concerning 12

fiscal and monetary policies, credit, economic development, 13

international finance, trade investment; 14

g. Formulate the overall resource application strategy to match the 15

Bangsamoro Government’s macro-economic policy; and 16

h. Prepare the expenditure plan, indicating the programming, 17

prioritization, and financing of capital investment and current operating 18

expenditure requirements of sectoral development plans. 19

20

Chapter 6 21

Bangsamoro Budget Office 22

23

Sec. 17. Organizational Structure. – The Bangsamoro Budget Office 24



and Management. 27

28

Sec. 18. Functions. - The Bangsamoro Budget Office shall have the 29


31

a. Primarily responsible in the formulation of the annual budget of the 32


b. Develops and administers standard accounting system essential to fiscal 34

management and control; 35

c. Conducts a continuing study of the bureaucracy and assesses as well as 36

makes policy recommendation on its role, size, composition, structure and 37

functions; 38

d. Establish rules and procedures for the management of government 39

organization resources, formulates standards of organizational program 40

performance, and undertakes services in work simplification or 41

streamlining of systems and procedures to improve efficiency and 42

effectiveness in government operations; 43

e. Conceptualizes and administers the government’s compensation and 44

position classification consistent with national standards; and 45

f. Perform such other powers and functions as may be assigned by the 46

Minister, or the Cabinet through the Minister of Finance, and Budget and 47

Management. 48

49

96

Chapter 7 1

Bangsamoro Revenue Office 2

3

Sec. 15. Organizational Structure. – The Bangsamoro Revenue Office 4



and Management. 7

8

Sec. 16. Functions. – The Bangsamoro Revenue Office shall have the 9


11

a. Assess and collect all taxes, fees and charges and account for all revenues 12

collected; 13

b. Exercise duly delegated powers for the proper performance of its functions 14

and duties; 15

c. Formulate preventive measures for tax evasion and all other illegal 16

economic activities; 17

d. Exercise immediate supervision over its field units; and 18

e. Perform such other functions as may be assigned by the Minister or the 19

Cabinet through the Minister of Finance, and Budget and Management. 20

21

22

23

24

25

97

TITLE V 1

HEALTH 2

3

4

Chapter 1 5


Sec. 1. Declaration of Policies. - The Bangsamoro Government shall 7

adopt a policy on health that provides for a comprehensive and integrated health 8

service delivery for its constituents. It shall establish by law a general hospital system 9

to serve the health requirements of its people and ensure that the individual basic 10

right to life shall be attainable through the prompt intervention of excellent and 11

affordable medical services. 12

The Bangsamoro Government shall protect and promote the right to health of 13

the people and instill health consciousness among them. It shall also uphold the 14

peoples' right to have access to essential goods health, and other social services that 15

promote their well-being. 16

17

Sec. 2. Mandate. – The Ministry shall be primarily responsible for the 18

formulation, planning, implementation and coordination of policies and programs 19

for health. It shall promote, protect, preserve and restore the health of the people 20

through the provision and delivery of health services through regulation and 21

encouragement of providers of health goods and services. 22

23

Sec. 3. Powers and Functions. – The Ministry, in order to carry out its 24

mandate, shall: 25

26

a. Define the health policy and formulate and implement a Bangsamoro 27

health plan within the framework of the Bangsamoro government’s general 28

policies and plans, and present proposals to appropriate ministries on 29

Bangsamoro issues which have health implications; 30

b. Provide for health programs, services, facilities and other requirements as 31

may be needed; 32

c. Coordinate or collaborate with, assist local communities, agencies and 33

interested groups including international organizations in activities related 34

to health; 35

d. Administer all laws, rules and regulations in the field of health, including 36

quarantine laws and food and drug safety laws; 37

e. Collect, analyze and disseminate statistical and other relevant information 38

on the Bangsamoro health situation, and require the reporting of such 39

information from appropriate sources; 40

f. Propagate health information and educate the population on important 41

health, medical and environmental matters which have health 42

implications; 43

g. Undertake health and medical research and conduct training in support of 44

its priorities, programs and activities; 45

h. Regulate the operation and issue licenses and permits to government and 46

private hospitals, clinics and dispensaries, laboratories, blood banks, 47

drugstores and such other establishments which by the nature of their 48

functions are required to be regulated by the Ministry; 49

98

i. Issue orders and regulations concerning the implementation of established 1

health policies; 2

j. Formulate policies, guidelines, regulations as well as operating procedures 3

congruent to Islamic teachings on health and sanitation; 4

k. Exercise control and supervision over Provincial Health Offices within the 5

region, except in local government units where health services have been 6

previously devolved; and 7

l. Perform such other functions as may be provided by law. 8

9

Sec. 4. Organizational Structure. – The Ministry of Health shall consist 10

of the Ministry Proper, Ministry Services and Offices, and such other appropriate 11

divisions or units as may be necessary. 12

13

14

Chapter 2 15

Ministry Proper 16

17

Sec. 5. Office of the Minister. – The Office of the Minister of Health 18

consists of the Minister, the Deputy Minister, and the immediate staff. 19

20



23


Health; 25

























50

99





Ministry; and 5


7






of the Ministry. 13

14

15

Chapter 3 16


Sec. 9. Services and Offices. - The Ministry of Health’s Services and 18

Offices are, as follows: 19

20


Services shall be headed by a Director II. 22

23


Management Division; (b) General Services Division; (c) Records Div ision; 25

(d) Cash Division; (e) Accounting Division; (f) Budget Division; and (g) 26

Procurement and Supply Division. 27

28


30

(2) Technical and Operations Services. The Technical and Operations 31

Services shall be headed by a Director II. 32

33

Under the Technical and Operations Services are the following: (a) Policy and 34

Planning Division; (b) Project Development and Monitoring Division; and (c) 35

Operations Division. 36

37


39


41


and (b) Public and Legal Assistance Division. 43

44


46


Internal Auditor V and shall directly report to the Minister of Health. 48

100

(5) Field Health Services. The Field Health Services shall be delivered through 1

the Integrated Provincial/City Health Offices.2 02 2

(6) Hospital Operations Services. – Hospital operations shall be 3

implemented by BARMM-retained hospitals.2 03 4

5

Chapter 4 6

Integrated Provincial Health Offices (IPHO) 7

and City Health Offices (CHO) 8

9

Provincial/city health offices, district health offices, district hospitals, 10

municipal hospitals, rural health units and barangay health stations in the 11

Bangsamoro Autonomous Region shall be governed by the following: 12

13

Sec. 10. Provincial/City Health Offices. - The Provincial/City Health 14

Office shall be the Ministry agency in the province/city. It shall exercise supervision 15

and control over district health offices and other field units of the ministry in the 16

province/city, except those otherwise placed under the Ministry Proper. 17

18

The said IPHO/CHO shall be headed by a Provincial/City Health Officer II 19

assisted by two Provincial/City Health Officer I, one for public health activities and 20

the other for hospital operations. The Provincial/City Health Officers and Assistant 21

Provincial/City Health Officers shall be appointed by the Chief Minister and their 22

deployment shall be made by the Minister of Health.2 04 23

24

Sec. 11. District Health Office. - The District Health Office shall exercise 25

administrative supervision and control over district hospitals, municipal hospitals, 26

rural health units, barangay health stations and all other Ministry units in the health 27

district, except those offices/units that are explicitly placed under the supervision 28

and control of either the BARMM Ministry of Health or Department of Health 29

(DOH) National, as the case may be. 30

31

The District Health Office shall be headed by a Chief of Hospital and shall also 32

serve as head of all field units in the district. The Chiefs of Hospital shall be 33

appointed by the Chief Minister and their deployment from district to district shall 34

be made by the Minister of Health.2 05 35

36

Sec. 12. Rural Health Centers. - The Ministry of Health shall review and 37

monitor the establishment, operation and maintenance of rural health centers, and 38

barangay health stations funded by local governments. Rural health units are headed 39

by rural health physicians to be appointed pursuant to existing laws. Proposals for 40

integrating locally funded health agencies under the supervision and control of the 41

Ministry without regard to the sourcing of funds shall be made by the Ministry for 42

the appropriate local government's approval. Any such agreement shall be allowed 43

202

See Sec. 9, Chapter 3, Title V of MMA Act 287 203



See Sec. 12, Chapter 4, Title V of MMA Act 287

101

and, whenever possible, funding from national sources may be extended, subject to 1

Intergovernmental Relations mechanisms.2 06 2

3

4

Chapter 5 5

Hospital Services 6

7

Sec. 13. Hospitals. - Hospitals shall be the principal implementers of 8

appropriate curative services. They shall be the institutions that will develop an 9

effective network of facilities which are available, accessible, acceptable and 10

affordable.2 07 11

12

Sec. 14. Classification of Hospitals. - Hospitals shall be classified 13

according to: 14

15

(1) Nature of Ownership 16

17

a. Government Hospitals – these are hospitals operated and maintained 18

partially or wholly by the national, provincial, city or municipal 19

government or their political unit, or by any department , board or 20

agency thereof; and 21

b. Private Hospitals – these are privately owned established and operated 22

with funds through donations, principal investments or other means by 23

any individuals or corporation or associations. 24

(2) Kinds of Services 25

26

a. General Hospitals – provide services to all types of deformities, 27

diseases, illness or injuries; and 28

b. Specialty Hospitals – primarily engaged in the provision of specific area 29

of specialties such as: kidney, heart, lungs, etc. 30

31

(3) Hospital Service Capability is likewise classified according to their 32

service capability as follows: 33

(3.1) First Level Referral Hospitals 34

35

a. Non-departmentalized hospitals which provides clinical care and 36

management on the prevalent diseases in the locality; 37

b. Clinical services which includes general medicine, pediatrics 38

obstetrics and gynecology, surgery and anesthesia; 39

c. Provision for appropriate administrative and ancillary services 40

(clinical laboratory, radiology, and pharmacy); and 41

206

Derived from Sec. 13, Chapter 4, Title V of MMA Act 287 207


102

d. Provision for nursing care for patients who require intermediate, 1

moderate and partial category of supervised care for 24 hours or 2

longer. 3

(3.2) Second Level Referral Hospital 4

5

a. Departmentalized hospitals which provide clinical care and 6

management on the prevalent diseases in the locality as well as 7

particular forms of treatment, surgical procedure and intensive 8

care; 9

b. Clinical services as provided in the first Level referral hospital as 10

well as specialty clinical care; 11


(clinical laboratory, radiology, pharmacy); and 13

d. Nursing care as provided in the first level referral hospital as 14

well as total and intensive care. 15

(3.3) Third Level Referral Hospital 16

17

a. Teaching and training hospitals which provide clinical care and 18

management on the prevalent diseases in the locality as well as 19

specialized and sub specialized forms of treatment, surgical and 20

intensive care; 21

b. Clinical services provided in the second level referral hospital as 22

well as sub specialty clinical care; 23


(clinical laboratory, radiology, pharmacy); 25

d. Nursing care as well as continuous and highly specialized care; 26

e. Infirmaries are health facilities which provide emergency 27

treatment and limited care (confinement of not less than 24 28

hours but not 72 hours) for the sick and injured, as well as 29

clinical care and management of normal delivery cases; 30

f. Birthing homes are health facilities which provide consultative 31

medical nursing on prenatal and post-natal normal and 32

spontaneous delivery and care of newborn babies; and 33

g. Psychiatric care facilities are health facilities which provide 34

consultative medical nursing pharmacology and psychosocial 35

treatment for mentally-challenged patients.2 08 36

Sec. 15. Hospital General Services. - All hospitals shall provide among 37

others services such as: 38

39

(1) Emergency Care Services which shall be managed by a competent 40

personnel with adequate equipment to attend to critical patients 24 41

hours; 42

208


103

(2) Admission Care Services which shall be responsible for admitting 1

and providing initial care in hospital whenever appropriate; 2

(3) Ward Services which shall provide quality care for all admitted 3

patients in the hospital to include ward work, nursing round, doctors 4

round, endorsement, medication, treatment, general grand round, 5

recording/reporting, nursing care, mortality/morbidity conferences and 6

discharges; and 7

(4) Out-Patient Department Services which shall provide ambulatory 8

care services and other hospital-based preventive health care services.2 09 9

10

Chapter 6 11

Program Units and Offices 12

13

Sec. 16. Integrated Maternal and Child Health Care and Nutrition 14

Unit. - The Integrated Maternal and Child Health and Nutrition Unit shall formulate 15

plans, policies, programs, standards and techniques relative to maternal and child 16

health; provide consultative training and advisory services to implementing agencies; 17

and conduct studies and research related to health services for mothers and children 18

related to family planning in the context of health and family welfare; provide 19

consultative, training and advisory services to implementing agencies; and conduct 20

studies and research related to family planning as well as nutrition services in the 21

context of primary health care; provide consultative, training and advisory services to 22

implementing agencies; and conduct studies and research related to nutrition.2 1 0 23

24

Sec. 17. Environmental, Sanitation and Occupational Health Unit. 25

- The Environmental, Sanitation and Occupational Health Unit shall formulate plans, 26

policies, programs, standards and techniques relative to environmental health and 27

sanitation; provide consultative, training and advisory services to implementing 28

agencies; conduct studies and research related to environmental health, as well as 29

regulations on occupational standards for industries and manufacturing companies 30

to ensure that establishments, institutions, and facilities promote the health and 31

welfare of their workers through healthy conducive safe workplace in consonance 32

with the provisions of “Industrial Hygiene and Occupational Toxicology” of the Code 33

of Sanitation of the Philippines (Presidential Decree 856) and its implementing rules 34

and regulations.2 1 1 35

36

Sec. 18. Dental Health Unit. – The Dental Health Unit shall formulate 37

plans, policies, programs, standards and techniques relative to dental health services; 38

provide consultative, training and advisory services to implementing agencies; and 39

conduct studies and research related to dental services.2 1 2 40

41

Sec. 19. Infectious Disease Control Unit. - The Infectious Disease 42

Control Unit shall formulate plans, policies, programs, standards and techniques 43

relative to the control of communicable diseases, specifically on the major causes or 44

209





104

mortality and morbidity, such as leprosy, sexually transmitted infections, filariasis 1

tuberculosis, schistosomiasis, soil transmitted diseases, dengue, malaria including 2

emerging diseases like meningococcimia, SARS, Avian Influenza, Corona Virus 3

Disease and other infectious diseases ; provide consultative, training and advisory 4

services to implementing agencies; and conduct studies and research related to these 5

other communicable diseases.2 1 3 6

7

Sec. 20. Chronic Disease Control Unit. - The Chronic Disease Control 8

Unit shall formulate plans, policies, programs, standards and techniques relative to 9

the control of non-communicable diseases; provide consultative, training and 10

advisory services to implementing agencies; and conduct studies and research 11

related to cardiovascular-diseases, cancer, other non-communicable diseases.2 1 4 12

13

Sec. 21. Hospital Operations, Maintenance and Management Unit. 14

- The Hospital Operations and Management Unit shall formulate and implement 15

plans, programs, policies, standards and techniques related to management 16

improvement and quality control of hospital operations; provide consultative, 17

training and advisory services to field offices in relation to the superv ision and 18

management of hospital components; and conduct studies and research related to 19

hospital operations and management. 20

21

The unit shall also formulate and implement plans, programs, policies, 22

standards and techniques related to assuring the proper maintenance of Ministry 23

equipment; provide consultative, training and advisory services to implementing 24

agencies in relation to preservation, repair and maintenance of medical and non-25

medical equipment of the Ministry; and conduct studies and research related to 26

equipment and facility maintenance.2 1 5 27

28

Sec. 22. Regional Unified Planning Management Unit. – The 29

Regional Unified Planning Management Unit shall formulate and implement plans, 30

policies, programs, standards and techniques related to development and 31

preservation of health infrastructure; health programs assessment and evaluation, 32

provide consultative, training and advisory services to implementing agencies in 33

relation to health program implementation and infrastructure projects to assure 34

economical and efficient implementation; and conduct studies and research related 35

to infrastructure development, utilization and sustainability.2 1 6 36

37

Sec. 23. Licensing, Regulation, Research and Development Unit. – 38

The Licensing, Regulation, Research and Development Unit shall develop and 39

formulate plans, standards and policies for the establishment and accreditation and 40

licensing of hospitals, clinics, allied health facilities, lying-in, pharmacies, 41

laboratories; blood banks and entities handling biological products; provide 42

consultative, training and advisory services to public and private laboratories; and 43

conduct studies and research related to laboratory procedures and operations; 44

establish standards that shall be the basis of inspections and licensure procedures of 45

the Ministry's field offices; and provide consultative, training and advisory services to 46

213





105

field offices on the conduct of licensing and regulatory functions over hospitals, 1

clinics and other health facilities.2 1 7 2

3

Sec. 24. Food and Drugs Regulation Unit. – The Food and Drugs 4

Regulations Unit shall act as the policy formulation and sector monitoring arm of the 5

Ministry on matters pertaining to foods, drugs, traditional medicines, cosmetics and 6

household products containing hazardous substances, and the formulation of rules, 7

regulations and standards as provided for in Republic Act 3720 (1963), as amended 8

by Executive Order No. 175, s. 1987, and other pertinent laws for their proper 9

enforcement; prescribe general standards and guidelines with respect to the veracity 10

of nutritional and medicinal claims in the advertisement of food, drugs and 11

cosmetics in the various media; monitor such advertisements; advise the Ministry's 12

field offices to call upon any erring manufacturer, distributor, or advertiser to desist 13

from such inaccurate or misleading nutritional or medicinal claims in their 14

advertising. 15

16

Should such manufacturer, distributor, or advertiser refuse or fail to obey the 17

desistance order issued by the Ministry through the recommendation of this unit 18

he/she shall be subject to the applicable penalties as may be prescribed by law and 19

regulations. 20

21

The Unit shall provide consultative, training and advisory services to all 22

agencies and organizations involved in food and drug manufacturing and 23

distribution with respect to assuring safety and efficacy of food and drugs; conduct 24

studies and research related to food and drug safety; maintain a corps of specially -25

trained food and drugs inspectors for assignment to the various field offices of the 26

Ministry. While these inspectors shall be under the technical supervision and 27

guidance of the unit, they shall be under the administrative supervision of the head 28

of the field office to which they shall be assigned, the latter being responsible for 29

regulatory program implementation within the geographic area of his/her 30

jurisdiction. 31

32

The Unit shall coordinate and work hand in hand with BARMM Halal 33

Accreditation Board in the effective implementation of Halal laws in the Bangsamoro 34

Autonomous Region and for other purposes.2 1 8 35

36

37

Chapter 7 38

Epidemiology, Surveillance and Health Emergency Management 39

40

Sec. 25. Health Emergency Management. - The Ministry of Health will 41

provide plans and policies that will reduce the impact of calamity in time of 42

disasters.2 1 9 43

44

Sec. 26. Epidemiology and Surveillance. - The department shall set 45

priority plans and programs, and take actions to protect public health through timely 46

217



Sec. 30, Chapter 8, Title V of MMA Act 287

106

reporting and response as well as analysis on the basis of epidemiological survey and 1

result of health surveillance in accordance with existing laws.2 2 0 2

Chapter 8 3

Other Programs and Services 4

5

Sec. 27. Medical/ Surgical/ Dental Out-Reach Program. - The 6

Bangsamoro Government, through the Ministry of Health, shall institutionalize 7

medical, surgical and dental outreach programs for the people in the remote and 8

depressed areas, and those areas affected by natural and man-made calamities.2 2 1 9

10

Sec. 28. Emerging and Re-Emerging Diseases Program. - The 11

Bangsamoro Government, through the Ministry of Health, shall formulate an 12

Integrated Preparedness and Response Plan to combat, avert, and/or minimize the 13

overall impact of Avian Influenza, Severe Acute Respiratory Syndrome, 14

Meningococcemia, and Corona Virus Disease.2 2 2 15

16

Sec. 29. Partnership for Community Health Development. - The 17

Bangsamoro Government, through the Ministry of Health, in partnership with local 18

government units, shall educate and empower the people in the community towards 19

self-reliance for the betterment of their health and well-being.2 2 3 20

21

22

23

24

25

220

Sec. 31, Chapter 8, Title V of MMA Act 287 221



Sec. 34, Chapter 9, Title V of MMA Act 287

107

TITLE VI 1

HUMAN SETTLEMENTS AND DEVELOPMENT 2

3

4

Chapter 1 5


7


address the lack of shelters, settlements, and livelihood for the disadvantaged and 9

homeless, especially those victims of conflicts and atrocities, pursuant to Section 9, 10

Article IX of the Bangsamoro Organic Law. 11

12

The Bangsamoro Government shall, by law and for the common good, 13

undertake, in cooperation with the private sector, a continuing program on housing 14

and urban development which shall make available at affordable cost, decent 15

housing and basic services to underprivileged and homeless citizens in urban centers 16

and resettlement areas. It shall also promote adequate employment opportunities to 17

such citizens. In the implementation of the program, the Bangsamoro Government 18

shall respect the rights of small property owners. 19

20

Sec. 2. Mandate. – The Ministry of Human Settlements and Development 21

shall act as the primary agency for the management of housing, human settlement, 22

and urban development in the Bangsamoro Autonomous Region. It shall be the 23

main planning and policy-making, regulatory, program coordination, and 24

performance monitoring entity for all housing, human settlements, and urban 25

development concerns. It shall develop and adopt a regional strategy to immediately 26

address the provision of adequate and affordable housing to all inhabitants in the 27


29

Sec. 3. Powers and Functions. – The Ministry shall have the following 30


32

a. Develop and implement comprehensive and integrated housing, human 33

settlements, and urban economic development plans and programs for the 34

Bangsamoro people in close coordination with LGUs; 35

b. Institute mechanisms for the proper management of the growth and 36

development of urban communities through close coordination and strong 37

linkages between and among relevant ministries and offices; 38

c. Coordinate and monitor urban economic development undertakings of the 39

Ministry; 40

d. Manage and oversee the development of proclaimed socialized and 41

economic housing sites, including the use of these land assets as resource 42

mobilization strategy to raise alternative resources in developing new 43

housing projects and efficient financing programs;2 2 4 44

e. Enter into contracts, joint venture agreements or understanding, public-45

private partnerships, and memoranda of agreement or understanding, 46

either domestic or foreign, under such terms and conditions as the 47

Ministry may deem proper and reasonable, subject to existing laws and 48

approval of the Cabinet; 49

224

Sec. 5 (III)(b), Chapter III, Republic Act No. 11201

108

f. Receive, take and hold by bequest, device, gift, purchase or lease, either 1

absolutely or in trust for any of the purposes from foreign and domestic 2

sources any asset, grant or property, real or personal, subject to such 3

limitations provided under existing laws and regulations; 4

g. Implement a single regulatory system that shall govern all activities 5

relative to the planning, production, marketing, and management of 6

socialized housing and urban development projects;2 2 5 7

h. Determine, fix and collect reasonable amounts to be charged as fees and 8

charges necessary for the effective implementation of all laws, rules and 9

regulations enforced by the Ministry and impose reasonable fines and 10

penalties for violation thereof; 11

i. Recommend new legislation and amendments to existing laws as may be 12

necessary for the attainment of Bangsamoro Government’s objectives on 13

housing; 14

j. Promote, accredit and regulate the use of indigenous materials and 15

technologies in the housing construction; 16

k. Open roads of subdivisions to the public when the general welfare requries 17

it upon consultation with stakeholders; and 18

l. Perform such other functions as may be necessary to fulfill its mandate or 19

as may be assigned by the Cabinet or Parliament. 20

21

Sec. 4. Organizational Structure. – The Ministry of Human Settlements 22

and Development shall consist of the Ministry Proper, Ministry Services and Offices, 23

and such other appropriate divisions or units as may be necessary. 24

25

26

Chapter 2 27

Ministry Proper 28

29

Sec. 5. Office of the Minister. – The Office of the Minister of Human 30

Settlements and Development consists of the Minister, the Deputy Minister, and the 31

immediate staff. 32

33



36


Human Settlements and Development; 38












225

Sec. 5 (III)(c), Chapter III, Republic Act No. 11201

109














14





Ministry; and 19


21

Sec. 8. The Bangsamoro Director-General. – The Bangsamoro 22

Director-General shall be the highest career official of the Ministry, with appropriate 23




of the Ministry. 27

28

29

Chapter 3 30


32

Sec. 9. Structure. - The Ministry of Human Settlements and Development 33



Internal Audit Office, and the likes. 36

37

38

Chapter 4 39

Field Offices 40

41

Sec. 10. Provincial Human Settlements and Development Offices. 42

– The Field Offices of the Ministry are the Provincial Human Settlements and 43

Development Offices in every province and one Special Geographic Areas Office for 44

the 63 Barangays from North Cotabato. 45

46

Sec. 11. Functions of the Field Offices. – The Provincial Human 47

Settlements and Development office shall assist the Ministry in the management of 48

housing, human settlements, and urban development in their respective areas of 49

110

jurisdiction. It shall also implement at the provincial level the plans, programs and 1

policies of the Ministry in the field. 2

3

Sec. 12. Authority of the Ministry Proper over Field Offices. – 4

The Minister shall exercise technical and administrative control and supervision over 5

Field Offices within the Bangsamoro Autonomous Region and such other powers 6

necessary, appropriate or incidental in carrying out the implementation of human 7

settlements and development programs and projects in their respective area. 8

9

10

11

111

TITLE VII 1

INDIGENOUS PEOPLES’ AFFAIRS 2

3

4

Chapter 1 5


7

Sec. 1. Declaration of Policies. - It is the policy of the Bangsamoro 8

Government: 9

10

a. To recognize, respect, protect, promote, and support the rights of the IPs 11

within the framework of the Constitution and national unity and 12

development; 13

b. To recognize the inherent right of the IPs to self-governance and self-14

determination, and to respect the integrity of their values, practices, and 15

institutions; 16

c. To guarantee the rights of IPs to freely pursue their economic, social, and 17

cultural development. Further, the Bangsamoro Government shall 18

consequently establish the means for the full development and 19

empowerment of the IPs’ own institutions and initiatives and, where 20

necessary, provide resources, therefore, respecting their native titles; 21

d. To ensure that the IPs have the freedom to retain their distinct indigenous 22

and ethnic identity, in addition to their Bangsamoro political identity. 23

There shall be no discrimination on the basis of identity, religion, and 24

ethnicity; 25

e. To protect the rights of the IPs to their ancestral domains and to ensure 26

their economic, social and cultural well-being; 27

f. To recognize the applicability of customary laws governing property rights 28

or relations in determining the ownership and extent of ancestral domains; 29

g. To recognize, respect, protect, promote, and support the rights of IPs to 30

preserve and develop their cultures, traditions, and institutions. The 31

Bangsamoro Government shall uphold these rights in the formulation of 32

its regional plans and policies; 33

h. To ensure the development, protection, and well-being of all IPs within the 34


i. To guarantee that members of the IPs, regardless of sex and gender, shall 36

equally enjoy the full measure of human rights and freedoms without 37

discrimination; and 38

j. To take measures, with the participation of the IPs concerned, to protect 39

their rights, guarantee respect for their cultural integrity, and ensure that 40

IPs shall benefit from the rights and opportunities which the Bangsamoro 41

laws and regulations grant to other members of the population. 42

43

Sec. 2. Mandate. - The Ministry of Indigenous Peoples’ Affairs is mandated 44

to protect, promote, and preserve the interest and well-being of Indigenous Peoples 45

(IPs) within the Bangsamoro Autonomous Region with due regard to their beliefs, 46

customs, traditions, and institutions. 47

48

The Ministry serves as the primary agency responsible for the formulation and 49

implementation of policies, plans, and programs to promote the well-being of all 50

112

indigenous peoples in the Bangsamoro Autonomous Region in recognition of their 1

ancestral domain as well as their rights thereto.2 2 6 2

3

Sec. 3. Powers and Functions. - The Ministry of Indigenous Peoples 4

Affairs shall have the following powers and functions: 5

6

a. Serves as the primary ministry of the Bangsamoro Government to assist 7

IPs in the Bangsamoro Autonomous Region; 8

b. Review and assess the conditions of IPs, including existing laws and 9

policies pertinent thereto, and to propose relevant laws and policies for 10

their welfare; 11

c. Issue Certificate of Ancestral Domain Titles (CADT) to IPs in the 12

Bangsamoro Autonomous Region and register such CADTs in the 13

appropriate Register of Deeds, as may be provided by law passed by the 14

Bangsamoro Parliament; 15

d. Formulate and implement policies, plans, programs, and projects for the 16

economic, social, and cultural development, as well as the legal protection 17

of the IPs and monitor the implementation thereof; 18

e. Request and engage the services and support of experts from other 19

agencies of government or employ private experts and consultants as may 20

be required in the pursuit of its objectives; 21

f. Negotiate for funds and to accept grants, donations, gifts and/or properties 22

in whatever form and from whatever source (local, national and 23

international), subject to the approval of the Bangsamoro Government, for 24

the benefit of IPs; and administer the same in accordance with the terms 25

thereof, or in the absence of any condition, in such manner consistent with 26

the interest of IPs and existing laws, as may be provided by law passed by 27

the Bangsamoro Parliament; 28

g. Coordinate development programs and projects for the advancement of 29

the IPs and oversee the proper implementation thereof in coordination 30

with other agencies, government or private if so required; 31

h. Convene periodic conventions, congresses, summits or assemblies of IPs to 32

review, assess, and propose policies or plans; 33

i. Issue Certificates of Accreditation and Certificates of Dissolution of 34

marriages contracted and solemnized in accordance with the customs, 35

culture, and tradition of IPs in the celebration and solemnization of 36

marriages, as may be provided by law passed Parliament; 37

j. Perform such other related functions as may be provided by law. 38

39

Sec. 4. Organizational Structure. - The Ministry of Indigenous Peoples’ 40

Affairs shall consist of the Ministry Proper and the Ministry Services and Offices, and 41

such other appropriate divisions or units as may be necessary . 42

43

44

Chapter 2 45

Ministry Proper 46

47

226

Derived from Sec. 3, Art. IX, BOL

113

Sec. 5. Office of the Minister. – The Office of the Minister of Indigenous 1

Peoples’ Affairs consists of the Minister, the Deputy Minister, and the immediate 2

staff. 3

4



7


Indigenous Peoples’ Affairs; 9

























34





Ministry; and 39


41


Director=General shall be the highest career official of the Ministry, with appropriate 43

eligibility. The Office of the Bangsamoro Director-General shall be responsible for 44

overseeing the administration, programs and strategic plan of the ministry. He/she 45

shall be the direct supervisor of the Service Directors of the Ministry. 46

47

48

Chapter 3 49


114

1

Sec. 9. Structure. - The Ministry of Indigenous Peoples’ Affairs shall be 2

supported by Services, Bureaus, Divisions, Sections, and Units, such as but not 3

limited to: Administrative and Finance; Technical; Operations; Legal; Field; Internal 4

Audit Office, and the likes. 5

6

Sec. 10. Office for Ancestral Domains/Native Title. – Subject to the 7

enactment of an Indigenous Peoples’ Code, the Office for Ancestral Domains/Native 8

Title, headed by a Director II, shall have the following functions: 9

10

a. Receive information on and assess the economic, social, and cultural needs 11

of Indigenous Peoples in the Bangsamoro Autonomous Region; 12

b. Recommend to Minister projects and activities for the promotion of the 13

welfare of Indigenous Peoples related to ancestral domains and native 14

titling in the Bangsamoro Autonomous Region; 15

c. Undertake projects and activities in coordination with the appropriate 16

ministry, office, or agency, including the Bangsamoro Satellite 17

Coordinating Offices; and 18

b. Perform such other functions as may be directed by the Minister or other 19

proper authorities. 20

21

Sec. 11. Special Public Assistance and Legal Aid Office. - There shall 22

be a Special Public Assistance and Legal Aid Office that will provide legal assistance 23

on matters concerning IPs. The Office shall be headed by an Attorney V and assisted 24

by immediate staff. 25

26

The Special Public Assistance and Legal Aid Office shall have the following 27

functions: 28

29

a. Provide free legal assistance to indigent IP litigants with cases before 30

administrative bodies or the regular courts; 31

b. Prepare and file petitions, complaints and/or responsive pleadings, and 32

represent indigent IP defendants in ordinary civil actions before the 33

regular courts; 34

c. Prepare and file responsive pleadings and represent indigent IP 35

defendants/respondents in special proceedings before the regular Courts; 36

d. Prepare affidavits and represent IP indigents in any stage of criminal 37

proceedings before the regular Courts; and 38

e. Perform such other functions as may be assigned by higher authorities. 39

40

Sec. 12. Community Service Center. - Community Service Centers shall 41

be established in municipalities where IPs are of significant number or cluster of 42

municipalities where IPs are residing in a community. The Community Service 43

Centers shall be headed by a Division Chief. 44

45

46

47

115

TITLE VIII 1

INTERIOR AND LOCAL GOVERNMENT 2

3

4

Chapter 1 5


7


ensure the autonomy of its constituent local governments units. For this purpose, it 9

shall provide for a more responsive and accountable local government structure 10

instituted through a system of decentralization. The allocation of powers and 11

resources to local government units shall be promoted, and inter-local government 12

grouping, consolidation and coordination of resources shall be encouraged. 13

14

The Bangsamoro Government shall guarantee the local government units, in 15

addition to their regular share from the national taxes, have their just share from 16

regional taxes and equitable share in proceeds from the use of natural resources2 2 7 , 17

and afford them wider latitude for resources generation. 18

19

Sec. 2. Mandate. – The Ministry of the Interior and Local Government shall 20

exercise general supervision over the constituent local governments units of the 21

Bangsamoro Government,2 2 8 and ensure public safety and disaster preparedness2 2 9 , 22

local autonomy, decentralization, and community empowerment. 23

24

Sec. 3. Powers and Functions. – The Ministry of the Interior and Local 25

Government shall have the following powers and functions: 26

27

a. Advise the Chief Minister on the Government of the Day’s policies, rules, 28

regulations and other issuances relative to the general supervision of local 29

government units; 30

b. Establish and prescribe rules, regulation and other issuances 31

implementing laws on general supervision of local governments units and 32

on the promotion of local autonomy and monitor compliance thereof by 33

the said units; 34

c. Provide technical assistance in the preparation of regional legislation 35

affecting local governments units; 36

d. Establish and prescribe plans, policies, programs and projects to 37

strengthen the administrative, technical and fiscal capabilities of local 38

government offices and personnel; 39

e. Implement plans, policies, programs and project to promote public order 40

and safety and disaster preparedness within the Bangsamoro Autonomous 41

Region in Muslim Mindanao; 42

f. Formulate plans, policies and programs which will meet regional and local 43

emergencies arising from natural and man-made calamities; 44

227

Section 35, Article XII of RA 11054. 228

Section 10, Article VI of RA 11054. 229

Bangsamoro Transition Plan 2019-2022.

116

g. Enforce its disciplinary authority over elective officials in accordance with 1

the Bangsamoro Local Governance Code to be enacted by the 2

Parliament2 3 0; and 3

h. Perform other functions as maybe provided by law. 4

5

Sec. 4. Organizational Structure. – The Ministry the Interior and Local 6

Government shall consist of the Ministry Proper, Ministry Services and Offices, and 7

such other appropriate divisions or units as may be necessary. 8

9

10

Chapter 2 11

Ministry Proper 12

13

Sec. 5. Office of the Minister. – The Office of the Minister of the Interior 14

and Local Government consists of the Minister, the Deputy Minister, and the 15

immediate staff. 16

17



20


the Interior and Local Government; 22

























47



230

Proposed Bangsamoro LGC includes disciplinary power of local officials.

117



Ministry; and 3


5






11

12

Chapter 3 13


15

Sec. 9. Services and Offices. - The Ministry of the Interior and Local 16

Government’s Services and Offices are, as follows: 17

18



21





26


28

(2) Operation Management Services. The Operation Management Services 29

shall be headed by a Director II. 30

31

Under the Operation Management Services are the following: (a) Local 32

Government Development Division; (b) Local Government Supervision 33

Division; (c) Project Management Development Division; (d) Barangay and 34

Community Affairs Division; and (e) Information System and Technology 35

Management Division. 36

37


39

(3) Interior Affairs Services. The Interior Affairs Services shall be headed by a 40

Director II. 41

42

Under the Interior Affairs Services are the following: (a) Public Safety 43

Division; and (b) Disaster Risk Reduction and Management Division. 44

45


47


49



118

1


3


Internal Auditor V and shall directly report to the Minister of the Interior and 5

Local Government. 6

7

Chapter 4 8

Field Offices 9

10

Sec. 10. Provincial and City Offices. - There shall be a field office 11

operated and maintained in each province, highly urbanized city, and independent 12

component city to be headed by a Local Government Operations Officer VIII 13

equivalent to Director II who has completed the training course for Local 14

Government Operations Officer with appropriate civil service eligibility and shall be 15

appointed by the Chief Minister. 16

17

Each field office shall have the following functions: 18

19

a. Implement laws, rules, regulations, other issuances, policies, plans, 20

programs and projects of the Ministry; 21

b. Plan, organize, direct and monitor the implementation of the Ministry’s 22

functions, programs, projects and activities within their jurisdiction; 23

c. Disseminate and monitor compliance with laws, rules and regulations, 24

policies and other issuances affecting local government units; 25

d. Coordinate with provincial, municipal and city offices of other ministries, 26

offices and agencies on affecting local government administration and 27

development; 28

e. Provide technical assistance to local governments units in developing their 29

overall capabilities for local government administration and development; 30

f. Provide technical assistance to Civil Society Organizations including Non-31

Governmental Organization, People’s Organization, and the Indigenous 32

People’s Organization in promoting culture of good governance through 33

the people’s participation. 34

g. Perform other functions as may be delegated by the Minister or as may be 35

provided by law. 36

37

Sec. 11. Other Field Units. – (1) There shall be a field unit in each 38

component city, municipality, and cluster field units to be headed by a Local 39

Government Operations Officer VII for component city and Local Government 40

Operations Officer VI for municipality and cluster field unit who shall be appointed 41

by the Minister and is primarily responsible for the administration, implementation, 42

and monitoring of the Ministry’s plans, programs, projects and activities at the field 43

level. 44

45

(2) In cases where a province, city, or municipality is subsequently created 46

by an act of Congress or Parliament, as the case may be, an appropriate field office is 47

hereby automatically established with the corresponding staffing pattern. 48

119

Sec. 12. Authority of the Ministry Proper over Provincial/City 1

Offices and Other Field Units. – The Minister shall exercise technical and 2

administrative control and supervision over Provincial/City Offices and Other Field 3

Units within the Bangsamoro Autonomous Region and such other powers necessary, 4

appropriate or incidental in carrying out the implementation of interior and local 5

government programs and projects in their respective area. 6

7

8

Chapter 5 9

Regional Chapter of Leagues of Municipalities and Barangays 10

11

Sec. 13. Regional Chapter of Leagues of Municipalities and 12

Barangays. – There is hereby established a regional chapter of the leagues of 13

municipalities and barangays without prejudice to their membership to national 14

leagues. The regional chapter shall be responsible in pursuing common interests 15

beneficial to them including their participation in regional decision-making process 16

which shall be under the supervision of the Operation Management Services. 17

18

The Minister is hereby authorized to promulgate necessary implementing 19

rules that will active the regional leagues as well as their participation in different 20

regional councils and committees as the Bangsamoro Parliament may provide. 21

22

23

Chapter 6 24

Special Geographic Area Development Authority 25

26

Sec. 14. Constitution of Special Geographic Area. - Pursuant to the 27

result of plebiscite conducted on February 21, 2019 and the Bangsamoro Organic 28

Law, the 63 Barangays in Pikit (Macabual, Gligli, Rajah Muda, Bagoaingud, Bulol, 29

Kabalasan, Buliok, Balungis, Bualan, Lagunde, Panicupan, Batulawan, Forth Pikit, 30

Pamalian, Manaulanan, Balong, Barungis, Nabundas, Gokoton, 31

Nalapaan,Macasendeg, Nunguan), Pigkawayan (Lower Baguer, Balacayon, Buricain, 32

Datu Binasing, Datu Mantil, Kadingilan, Libungan Torreta, Matilac, Lower 33

Pangangkalan, Upper Pangangkalan, Patot, Simsiman), Carmen (Kitulan, Pebpoloan, 34

Manarapan, Langogan, Tupig, Kib-Ayao, Nasapian), Kabacan (Tamped, Simbuhay, 35

Simone, Nanga-an, Buluan, Pedtad, Sanggadong), Midsayap (Central Labas, 36

Malingao, Tumbras, Kapinpilan, Sambulawan, Tugal, Mudseng, Kadingilan, 37

Nabalawag, Kadigasan, Damatulan, Olandang, Kudarangan), and Aleosan 38

(Dungguan and Tapodoc), all of the province of Cotabato that voted for inclusion in 39

the Bangsamoro Autonomous Region is hereby constituted into a separate Special 40

Geographic Area subject to the power of supervision of the Chief Minister, which 41

shall be exercised through the Ministry of the Interior and Local Government. 42

43

Sec. 15. Special Geographic Area Development Authority. – There is 44

hereby created a Special Geographic Area Development Authority, herein referred to 45

as the Authority, attached to the Ministry of the Interior and Local Government. 46

47

The Authority is mandated to manage the development affairs in the Special 48

Geographic Area. 49

50

120

Sec. 16. Composition of the Special Geographic Area Development 1

Authority. – (1) The Authority shall perform planning, implementation, 2

monitoring and coordinating functions and, in the process, exercise supervisory and 3

regulatory authority over the promotion of general welfare of the people without 4

prejudice to the autonomy of barangay local government units. 5

6

(2) It shall be composed of the Board of Directors as the highest policy-7

making body, the Administrator, and eight (8) Area Coordinators. 8

9

Sec. 17. Scope of Powers and Functions of the Authority. – The 10

Authority shall perform those powers and services devolved to local government 11

units under the Bangsamoro Local Governance Code, other than those services 12

delivered by the barangay local government units. These functions shall include: 13

14

a. Promulgation of policies, rules, regulations and others issuances related to 15

the powers and services devolved to the local government unit other than 16

those exercised by the component barangays; 17

b. Exercise of supervisory authority over component barangays; 18

c. Regulation of the use and utilization of natural resources within 19

competence of the Authority; 20

d. Implementation, enforcement and monitoring of the execution of national 21

and regional laws and policies in the area; 22

e. Formulation and implementation of comprehensive long-term 23

development plans, medium-term plans, and investment programs; 24

f. Adoption of measures that promote the general welfare of the constituents 25

of the area; 26

g. Formulation and implementation of policies, standards, programs and 27

projects for proper waste management and pollution control; 28

h. Receipt and administration of donation and grants from donors, subject to 29

existing to regional and national policies; 30

i. Regulation of intermunicipal communication and transportation services 31

subject to national and regional policies and guidelines; 32

j. Promotion of public safety which includes the formulation and 33

implementation programs and policies including local emergencies arising 34

from natural and human-induced calamities; 35

k. Adoption of internal rules and regulation for the smooth exercise of its 36

powers and functions; and 37

l. Performance of other tasks as may be assigned by the Minister of the 38

Interior and Local Government. 39

40

Sec. 18. Board of Directors. – The powers and functions of the Authority 41

shall be exercised by a Board of Directors consisting of at least eight (8) members but 42

not more than fifteen (15) and shall be composed of the following: 43

44

a. Minister of the Interior and Local Government as the Chairman; 45

b. Bangsamoro Director-General of the Bangsamoro Planning and 46

Development Authority as the Vice-Chairman; 47

c. The Ministers of: 48

49

1. Social Services and Development; 50

2. Health; 51

121

3. Basic, Higher, and Technical Education; 1

4. Environment and Natural Resources, and Energy; and 2

5. Agriculture, Fisheries, and Agrarian Reform. 3

4

d. Chairperson of the Local Government Committee in the Bangsamoro 5

Parliament; 6

e. At least three (3) representatives from the private sectors to be appointed 7

by the Chief Minister; and 8

f. Administrator of the Authority as ex-officio member. 9

10

Sec. 19. Administrator. – The Authority shall be headed by an 11

Administrator I who shall be appointed by the Chief Minister and shall be placed 12

under the supervision of the Minister of the Interior and Local Government. The 13

Administrator shall be assisted by a Director II and immediate staff. 14

15

Sec. 20. Area Coordinators. – Each cluster of barangays shall be assigned 16

with a Development Management Officer IV who shall be appointed by the Minister, 17

and who shall have the following functions and responsibilities: 18

19

a. Coordinate the activities of the Authority related to its smooth and efficient 20

operations and the activities at the cluster of barangays; 21

b. Prepare all the technical report and policy proposals for the consideration 22

of the Administrator, pertaining to the programs and projects in cluster of 23

barangays; 24

c. Prepare the quarterly and annual report of the Office, Work and Financial 25

Plan, and Budget, particularly those concerning the cluster barangays; 26

d. Implement and monitor the decisions and guidelines of the higher 27

authorities in the cluster barangays; 28

e. Facilitate the formulation of a Comprehensive Development Plan of the 29

cluster barangays and ensure integration of barangay development plans; 30

f. Prepare project proposals in consultation with the Barangay Officials, the 31

Administrator and appropriate BARMM ministries for possible funding 32

assistance; and 33

g. Perform other functions as may be authorized by the Administrator or by 34

higher authority. 35

36

Sec. 21. Support Staff. – The Administrator shall prepare an appropriate 37

staffing pattern to be adopted by the Board for approval by the Chief Minister. 38

39

Sec. 22. Sunset Clause. – (1) Until the Bangsamoro Parliament enacts a 40

law providing for the reconstitution of geographical areas in the Bangsamoro 41

Autonomous Region into appropriate territorial or political subdivision pursuant to 42

Section 4, Article XV of the Bangsamoro Organic Law, the Authority shall continue to 43

exist for the purposes it is established. 44

45

(2) The affected personnel shall be given an option to be absorbed by the new 46

local government unit or retain their position in the Authority, whether hired on a 47

permanent, temporary, casual or contractual basis and with appointments attested 48

by Civil Service Commission. 49

50

51

122

Chapter 6 1

Bangsamoro Local Government Academy 2

3

Sec. 22. Bangsamoro Local Government Academy. – The 4

Bangsamoro Local Government Academy, under the direct supervision of the 5

Minister, is hereby created and shall be responsible for the human resource 6

development and training of local government officials of the Bangsamoro 7

Autonomous Region and the personnel of the Ministry of the Interior and Local 8

Government. The structure and staffing pattern of the Academy shall be prescribed 9

by the Ministry, subject to the approval of the Bangsamoro Cabinet. 10

11

12

Chapter 7 13

Bangsamoro Rapid Emergency Action of Disaster Incidence 14

15

Sec. 23. Rapid Emergency Action of Disaster Incidence Office231. – 16

There shall be a Rapid Emergency Action of Disaster Incidence Office (READI) 17

attached to the Ministry of the Interior and Local Government, that shall serve as 18

executing office of the Bangsamoro Disaster Risk Reduction and Management 19

Council (BDRRMC). It shall be headed by a Director II to be appointed by the Chief 20

Minister, and shall have the following functions: 21

22

a. Advise the BDRRMC on matters relating to disaster risk reduction and 23

management consistent with the national and regional laws and policies; 24

b. Formulate and implement Regional Disaster Risk Reduction and 25

Management Plan (RDRRMP) and ensure that physical framework, 26

social, economic and environmental plans of constituent LGUs are 27

consistent with such plan; 28

c. Review and evaluate the Local Disaster Risk Reduction and Management 29

Plans (LDRRMPs) to facilitate the integration of disaster risk reduction 30

measures into the local Comprehensive Development Plan (CDP) and 31

Comprehensive Land-Use Plan (CLUP); 32

d. Formulate standard operating procedures for the deployment of rapid 33

assessment teams, information sharing among different ministries and 34

agencies, and coordination before and after disaster at all levels; 35

e. Ensure that government agencies and local government units prioritize 36

and take adequate and appropriate measures in disaster risk reduction 37

and management; 38

f. Create an enabling environment for substantial and sustainable 39

participation of Civil Society Organizations (CSOs), private groups, 40

volunteers and communities, and recognize their contributions in the 41

government’s disaster risk reduction efforts; 42

g. Provide advice and technical assistance and assist in mobilizing necessary 43

resources to increase the overall capacity of the local government units, 44

specifically the low income and in high-risk areas; and 45

231

READI shall be the Bangsamoro Disaster Risk Reduction and Management Office stated in Section 8, Article XVI of the Bangsamoro Organic Law.

123

h. Perform such other functions as may be provided by law or as may be 1

delegated by higher authorities. 2

Sec. 24. Organizational Structure. – The Bangsamoro READI Office 3

shall have representatives each from the Ministry of Social Services and 4

Development, Ministry of the Interior and Local Government, Ministry of Science 5

and Technology, and the Bangsamoro Planning and Development Authority. 6

7

Sec. 25. Emergency Operations Center. – There is hereby established 8

an Emergency Operations Center in the Bangsamoro READI which shall support the 9

DRRMC and the RPOC. 10

11

12

13

124

TITLE IX 1

LABOR AND EMPLOYMENT 2

3

4

Chapter 1 5


7

Sec. 1. Declaration of Policy. - The Bangsamoro Government recognizes 8

labor as a primary social economic force for development. It shall afford full 9

protection to labor, promote full employment, ensure equal work opportunities 10

regardless of gender, race, or creed, regulate the relations between workers and 11

employer, and promote the right of labor to its just share in the fruits of production, 12

and the right of enterprise to reasonable returns on investments and to expansion 13

and growth. 14

15

Sec. 2. Mandate. - The Ministry of Labor and Employment shall be the 16

primary policy-making, programming, coordinating and administrative entity of the 17

Bangsamoro Autonomous Government in the field of labor and employment. It shall 18

assume primary responsibility for the promotion of gainful employment 19

opportunities and the optimization of the development and utilization of the 20

Bangsamoro manpower resources; the advancement of workers' welfare by providing 21

for just and humane working conditions and terms of employment; and the 22

maintenance of industrial peace by promoting harmonious, equitable, and stable 23

employment relations that assures equal protection for the rights of all concerned 24

parties. 25

26

Sec. 3. Powers and Functions. - The Ministry of Labor and Employment 27


29

a. Enforce social and labor legislation to protect the working class and 30

regulate the relations between the worker and his/her employer; 31

b. Formulate and recommend regional policies, plans and programs for 32

manpower development, training, allocation and utilization; 33

c. Recommend legislation to enhance the material, social and intellectual 34

improvement of the Bangsamoro labor force; 35

d. Protect and promote the interest of every constituent desiring to work 36

locally or overseas by securing to him the most equitable terms and 37

conditions of employment, and by providing social and welfare services; 38

e. Subject to enactment of a law on the matter, regulate the employment of 39

aliens within the Bangsamoro Autonomous Region, including the 40

establishment of a registration and/or work permit system for such aliens, 41

as provided for by national or BARMM laws; 42

f. Formulate general guidelines concerning wage and income policy; 43

g. Recommend necessary adjustments in wage structures with a view to 44

develop a wage system that is consistent with BARMM economic and 45

social development plans; 46

h. Provide for safe, decent, humane and improved working conditions and 47

environment for all workers, particularly women and young workers; 48

i. Formulate general guidelines for the issuance of working permit for 49

minors in the media industry; 50

125

j. Maintain harmonious, equitable and stable labor relations system that is 1

supportive of national and BARMM economic policies and programs; 2

k. Uphold the rights of workers and employers to organize and promote free 3

collective bargaining as the foundation of the labor relations system; 4

l. Provide and ensure fair and expeditious settlement and disposition of 5

labor and industrial disputes through collective bargaining, grievance 6

machinery, conciliation, mediation, voluntary arbitration, compulsory 7

arbitration as may be provided by law, and other modes that may be 8

voluntary agreed upon by the parties concerned; and 9

m. Perform such other functions as may be provided by law. 10

11

Sec. 4. Organizational Structure. – The Ministry of Labor and 12

Employment shall consist of the Ministry Proper, Ministry Services and Offices, and 13


15

16

Chapter 2 17

Ministry Proper 18

19

Sec. 5. Office of the Minister. - The Office of the Minister of Labor and 20

Employment shall consist of the Minister, the Deputy Minister, and the immediate 21

staff. 22

23



26


Labor and Employment; 28
























126


2





Ministry; and 7


9





Bangsamoro Director-General shall be the direct supervisor of the Service Directors 14

of the Ministry. 15

16

17

Chapter 3 18


20

Sec. 9. Structure. - The Ministry of Labor and Employment shall be 21




25

26

Chapter 4 27

Bureaus and Boards 28

29

Sec. 10. Bureau of Labor Relations and Standards. - The Bureau of 30

Labor Relations and Standards shall be headed by Director I and shall have the 31


33

a. Adopt and promulgate policies and guidelines governing the hearing and 34

disposition of cases and/or labor disputes; 35

b. Implement preventive mediation and conciliation functions; 36

c. Coordinate mediation linkages with other sectors or institutions including 37

government authorities concerned on matters related to the grievances 38

and settlement of labor disputes; 39

d. Administer voluntary arbitration program; 40

e. Maintain or update list of voluntary arbitrators and compile arbitration 41

awards and decisions; 42

f. Provide counseling and preventive mediation assistance particularly in the 43

administration of Collective Bargaining Agreements (CBA); 44

g. Facilitate orientation and briefing for both management and workers to 45

increase labor awareness to the rights of both parties; 46

h. Implement labor laws specifically on labor standards as well as policies, 47

programs and devices on its administration and enforcement; 48

i. Implement policies on work permit to regulate employment of aliens; 49

127

j. Develop, conceptualize, and disseminate appropriate and relevant 1

Information Education Campaign (IEC) and advocacy materials on labor 2

laws; 3

k. Implement the Labor Code of the Philippines provisions concerning the 4

responsibility of the government to promote the well-being of the OBWs; 5

l. Undertake studies and research for the enhancement of the social 6

economic and cultural well-being of the workers; 7

m. Facilitate issuance of safety permits (mechanical and electrical) of power 8

plants and industrial establishment; 9

n. Ensure regular conduct of medical examinations of workers in close 10

coordination with the Ministry of Environment and Natural Resources and 11

Energy (MENRE), Ministry of Health (MOH) and Local Government Unit 12

(LGUs) concerned; 13

o. Issue certificate of registration of private establishment and service 14

providers; and 15

p. Perform such other functions as may be directed by the Minister or as may 16

be provided by law. 17

18

Sec. 11. Arbitration Committee.- The Bureau of Labor Relations and 19

Standards shall have an Arbitration Committee which shall be composed of the 20

Bureau Director as Chairman with legal services, mediation and conciliation 21

divisions staff as members. 22

23

Sec. 12. Powers and Functions of Arbitration Committee. - The 24

Arbitration Committee shall be vested with the following functions: 25

26

a. Decide on issues relating to relating labor disputes which cannot be 27

resolved during the conduct of mediation and conciliation process; and 28

b. Furnish copy of the decision to all concerned for their information and 29

guidance. 30

c. Perform such other functions as maybe provided by law. 31

32

Sec. 13. Bureau of Employment Promotion and Welfare. - The 33

Bureau of Employment Promotion and Welfare shall be headed by Director I and 34

shall have the following functions: 35

36

a. Issue Overseas Employment Certificates (OECs) and Information 37

Verification to returning Overseas Bangsamoro Workers (OBWs); 38

b. Implement employment programs designed to benefit disadvantaged 39

groups and communities; 40

c. Implement education and training programs for the OBWs; 41

d. Maintain a Labor Market Information System (LMIS) for proper and 42

systematic manpower and development planning; 43

e. Regulate private sector’s participation in the recruitment for overseas 44

placement of workers from the Bangsamoro Autonomous Region through 45

issuance of licensing and registration system, consistent with national 46

policies; 47

f. Formulate and implement a system promoting and monitoring the 48

overseas employment of workers from the Bangsamoro Autonomous 49

Region taking into consideration their welfare and the domestic 50

requirements, in coordination with appropriate entities concerned; 51

128

g. Protect the rights of the workers from the Bangsamoro Autonomous 1

Region applying for overseas employment to ensure fair and just 2

recruitment practices; 3

h. Facilitate skills development and placement of manpower resource of the 4

Bangsamoro Autonomous Region for local and overseas employment; 5

i. Establish and maintain skills registry of the BARMM labor force for local 6

and overseas placement; 7

j. Ensure technical, legal and psycho-social assistance to OBWs experiencing 8

problems with their employers and recruiters; 9

k. Implement overseas market development activities to secure the best 10

terms and conditions for overseas employment from the Bangsamoro 11

Autonomous Region and ensure compliance therewith; 12

l. Develop and implement an information system for an effective monitoring 13

of returning contract overseas workers; 14

m. Establish close coordination and partnership with the Department of 15

Foreign Affairs, Philippine Tourism Authority, Manila International 16

Airport Authority, Department of Justice and other government agencies 17

concerned and private institutions in the pursuit of protection and welfare 18

of the OBWs; 19

n. Facilitate the conduct of Job Fairs and special recruitment activities for 20

both local and overseas placements; and 21

o. Perform such other functions as may be directed by the Minister or as may 22


24

Sec. 14. Overseas Workers Welfare Bureau. - The Overseas Workers 25

Welfare Bureau shall be headed by a Director I and shall have the following 26

functions: 27

28

a. Implement the compulsory Pre-Employment and Pre-Departure 29

Orientation Seminars (PEOS & PDOS) for OBWs for their adjustments 30

concerns in their countries of destination; 31

b. Intensify welfare assistance program to ensure safe and legitimate 32

overseas workers; 33

c. Develop skills thru training and educational assistance for OBWs; 34

d. Develop an Overseas Workers Data and Management System for effective 35

monitoring of OBWs whereabouts; 36

e. Implement welfare and protection programs for Overseas workers; 37

f. Support member overseas workers through Educational Scholarship 38

Program for their dependents; 39

g. Implement education and livelihood assistance for dependents of deceased 40

OBWs, including convicted OBWs who are facing death penalty in the 41

host country; 42

h. Extend legal assistance to OBWs who wish to pursue labor/welfare case 43

against their employer in the host country; 44

i. Form quick response team to repatriate overseas workers who are in 45

distress in the host countries; and 46

j. Perform such other functions as may be directed by the Minister or as may 47


49

129

Sec. 15. Bangsamoro Tripartite Wages and Productivity Board 1

(BTWPB). - The Bangsamoro Tripartite Wage and Productivity Board shall 2

undertake the following functions: 3

4

a. Serve as regional consultative and advisory body to the Chief Minister and 5

the Bangsamoro Parliament on matters relating to wages, incomes and 6

productivity; 7

b. Formulate policies and guidelines on wages, incomes and productivity 8

improvements at the enterprise, industry consistent with national policies 9

and guidelines; 10

c. Facilitate the conduct of Public Hearing between workers and 11

management as basis for the determination of minimum wage in the 12


d. Issue minimum wage based on the Public Consultations conducted in the 14


e. Assume the powers and functions of the Tripartite Wages and 16

Productivity Board for the Bangsamoro Autonomous Region as provided 17

for under the Labor Code; and 18

f. Perform such other functions as maybe granted and/or provided by law. 19

20

Sec. 16. Composition of the BTWPB. - The BTWPB shall be composed of 21

the Minister of Labor and Employment as Chairperson; the Minister of Trade, 22

Investments, and Tourism; and the Bangsamoro Director General of BPDA 23

representing the government sector, as members; two (2) representatives from the 24

employer sector and two (2) representatives from the workers sector. It shall have its 25

Board Secretariat to be headed by a Board Secretary VI. 26

27

28

Chapter 5 29

Field Offices 30

31

Sec. 17. Provincial/City Offices. - Seven (7) Provincial Offices shall be 32

established in the strategic areas covered by the Bangsamoro Autonomous Region, 33

namely: (a) Maguindanao; (b) Cotabato City; (c) Lanao Del Sur and Marawi City; (d) 34

63 Barangays of North Cotabato; (e) Basilan and Lamitan City; f) Jolo, Sulu; and g) 35

Tawi-Tawi. 36

37

Each provincial office shall be headed by a Supervising Labor and 38

Employment Officer with support staff. 39

40

Sec. 18. Functions. - The Provincial/City Field Office shall have the 41


43

a. Spearhead the effective, efficient and economical delivery , promotion, 44

enforcement of the programs, projects and services of the Ministry in the 45

Province/City; 46

b. Recommend strategies to be adopted in the implementation of programs, 47

projects and activities appropriate to the peculiar situation of the 48

province and/or city; 49

c. Spearhead the identification, validation, re-validation, implementation 50

and evaluation of livelihood programs such as Sagip Batang 51

130

Manggagawa, Government Internship Program, Special Program for 1

Employment of Students, and Reintegration programs for Overseas 2

Bangsamoro Workers; 3

d. Issue Overseas Employment Certificates (OECs) and OBW Information 4

Verification Sheets (OIVSs) upon establishment of one stop shop in the 5

island provinces; 6

e. Supervise the conduct of labor force data survey; 7

f. Facilitate the listing of private establishments and other businesses in 8

their areas of jurisdiction; 9

g. Assist in the conduct of job fairs and special recruitment activities; and 10

h. Perform such other related functions as may be provided by law. 11

12


Field Offices. – The Minister shall exercise technical and administrative control 14

and supervision over Provincial/City Offices within the Bangsamoro Autonomous 15

Region and such other powers necessary, appropriate or incidental in carrying out 16

the implementation of labor and employment programs and projects in their 17

respective area. 18

19

20

21

131

TITLE X 1

PUBLIC ORDER AND SAFETY 2

3

4

Chapter 1 5


7

Sec. 1. Declaration of Policy. - It is the policy of the Bangsamoro 8

Government to ensure the realization of an enduring peace on the basis of justice and 9

balanced society in this territorial jurisdiction. It shall promote unity, peace, justice, 10

and goodwill among all peoples, as well as encourage a just and peaceful settlement 11

of disputes. 12

13

Sec. 2. Mandate. - The Ministry of Public Order and Safety (MPOS) shall be 14

responsible for public safety. It shall have coordinative function with offices and 15

bureaus that maintain public order and safety in the region, and shall perform 16

functions relating to peace building, reconciliation, and unification of all the peoples 17

of the region. 18

19



22

a. Serve as member of the Regional Peace and Order Council; 23

b. Establish proper coordinating mechanisms with the Armed Forces of the 24

Philippines, Philippine National Police, National Police Commission, 25

Bureau of Jail Management and Penology, Coast Guard, Bureau of Fire 26

Protection, and other law enforcement agencies or offices in the 27

Bangsamoro Autonomous Region to enhance the safety and security of the 28

region; 29

c. Monitor and evaluate the prevailing peace and security situation in the 30

region and submit report to the Office of the Chief Minister; 31

d. Establish a community-based early warning/response and conflict 32

reporting system relating to public order and safety; 33

e. Formulate and implement programs, projects, and activities relating to 34

religious tolerance, preventing and countering violent extremism; 35

f. Conduct programs, projects and activities relating to promotion of peace 36

and sustainable development, reconciliation, unification, and peaceful co-37

existence; 38

g. Formulate and implement policies and programs for the effective 39

settlement of family feuds (rido) and other horizontal conflicts in the 40

region, as well as for the prevention of the recurrence of such conflicts; 41

h. Implement laws, policies, programs and projects of the BARMM 42

concerning peace, public order and safety; and 43

i. Perform such other functions as may be prescribed by law thereafter or as 44

may be assigned by the Chief Minister. 45

46

Sec. 4. Organizational Structure. - The Ministry of Public Order and 47

Safety shall be composed of the Ministry Proper, Ministry Services and Offices, and 48

such other appropriate divisions and units as may be necessary . 49

50

51

132

Chapter 2 1

Ministry Proper 2

3

Sec. 5. Office of the Minister. – The Office of the Minister of Public Order 4

and Safety consists of the Minister, the Deputy Minister, and the immediate staff. 5

6



9


Public Order and Safety; 11

























36





Ministry; and 41


43






49

50

133

Chapter 3 1


3

Sec. 9. Structure. - The Ministry of Public Order and Safety shall be 4




8

Sec. 10. Home Affairs Office. - The Home Affairs Division shall be headed 9

by a Director II. It shall be responsible in evaluating, analyzing, and monitoring the 10

security situation and challenges in the region. 11

12

It shall establish proper coordinating mechanisms with the Philippine 13

National Police, the Armed Forces of the Philippines, the Bureau of Jail Management 14

and Penology, and all other agencies involved in the maintenance of peace, order and 15

safety in Bangsamoro Autonomous Region. 16

17

Sec. 11. Bangsamoro Reconciliation and Unification Office. - The 18

Reconciliation and Unification Office shall be headed by a Director II. It shall be the 19

conflict management body of the Ministry. 20

21

As such, it shall be primarily responsible in formulating and implementing 22

policies, programs, and activities for the effective settlement of family feuds (Rido) 23

and other horizontal conflicts in the Bangsamoro Autonomous Region. Further, it 24

shall endeavor to attract local insurgents to return to the folds of the law and make 25

the necessary programs to transform them into valuable resources for the region. 26

27

Sec. 12. Bangsamoro Peace Office. - The Bangsamoro Peace Office shall 28

be headed by a Director II, assisted by support staff. It shall be responsible for the 29

promotion of peace, justice, religious tolerance, peaceful co-existence, and other 30

peacebuilding activities towards normalization as an effective measure in ensuring 31

lasting peace and security in the Bangsamoro Autonomous Region. 32

33

34

35

36

37

38

39

134

TITLE XI 1

PUBLIC WORKS 2

3

4

Chapter 1 5


7

Section 1. Declaration of Policy. - The Bangsamoro Government shall 8

maintain an engineering and construction arm and continuously develop its 9

technology, for the purpose of ensuring the safety of all infrastructure facilities and 10

securing for all public works the highest efficiency and the most appropriate quality 11

in construction. The planning, design, construction and maintenance of 12

infrastructure facilities, especially roads and bridges, flood control and water 13

resources development within the jurisdiction of the Bangsamoro Government, shall 14

be the responsibility of such an engineering and construction arm. 15

16

Sec. 2. Mandate. - The Ministry of Public Works shall be the Bangsamoro 17

Government’s engineering and construction arm, and is mandated to undertake (a) 18

the planning, design and construction of infrastructures, such as, but not limited to 19

roads and bridges, flood control, water supply projects and other public works 20

facilities within the jurisdiction of the Bangsamoro Government; and (b) the 21

construction, rehabilitation and maintenance of infrastructure facilities of the 22

Autonomous Region. 23

24



27

a. Undertake and/or evaluate the planning, design, construction and 28

supervision for all infrastructure located within the Bangsamoro 29


b. Undertake maintenance and repairs of infrastructure and facilities within 31

the Bangsamoro Autonomous Region and as may be authorized or 32

delegated by the National Government; 33

c. Ensure that the necessary property, plant and equipment to fulfill the 34

mandates of the Ministry are available and maintained; 35

d. Undertake the submission of proposals to the appropriate National 36

Government Agency for funding and technical assistance on infrastructure 37

projects, whenever applicable; 38

e. Administer or establish implementation codes, standards, and guidelines 39

to ensure the safety of all public and private structures in the region and 40

ensure efficiency and proper quality in the construction of public works; 41

f. Ensure the implementation of laws, policies, programs, rules and 42

regulations regarding infrastructure projects as well as all public and 43

private physical structures within the Bangsamoro Autonomous Region; 44

g. Supervise all public works construction and ensure that actual 45

constructions are done in accordance with approved government plans and 46

specifications; 47

h. Provide technical assistance to other agencies within the Bangsamoro 48

Autonomous Region, including its constituent local government units; 49

i. Coordinate with other national and regional agencies, institutions and 50

organizations, especially the local government units within the 51

135

Bangsamoro Autonomous Region, in the planning and implementation of 1

infrastructure projects; 2

j. Conduct continuing consultations with the local communities, take 3

appropriate measures to make the services of the Bangsamoro 4

Government responsive to the needs of the general public and recommend 5

such appropriate actions as may be necessary; and 6

k. Performs such other functions as may be assigned or delegated by the 7

Chief Minister or provided by law. 8

9

Sec. 4. Organizational Structure. – The Ministry of Public Works shall 10

consist of the Ministry Proper, Ministry Services and Offices, and such other 11

appropriate divisions or units as may be necessary. 12

13

14

Chapter 2 15

Ministry Proper 16

17

Sec. 5. Office of the Minister. – The Office of the Minister of Public 18

Works consists of the Minister, the Deputy Minister, and the immediate staff. 19

20



23


Public Works; 25



c. Oversee the implementation of Ministry programs, projects, and activities; 28

d. Establish policies and standards consistent with the National Government 29

policies and standards for the efficient administration and operation of the 30

Ministry in pursuit of its objectives, functions, plans, programs and 31

projects. These shall not prescribe penalties for their violation, except 32

when expressly authorized by law; 33

e. Exercise disciplinary powers over officers and employees under the 34




f. Appoint all officers and employees of the Ministry except those whose 38



g. Exercise jurisdiction over all bureaus, offices, agencies and corporations 41



h. Delegate authority to officers and employees under the Minister's direction 44


i. Perform such other functions as may be provided by law. 46

47




136


Ministry; and 2


4

Sec. 8. The Bangsamoro Director- General. – The Bangsamoro 5





10

11

Chapter 3 12


14

Sec. 9. Structure. - The Ministry of Public Works shall be supported by 15

Services, Bureaus, Divisions, Sections, and Units, such as but not limited to: 16

Administrative and Finance; Technical; Operations; Legal; Field; Internal Audit 17

Office, and the likes. 18

19

20

Chapter 4 21

District Offices 22

23

Sec. 10. District Office. - There shall be a District Office in each of the legislative 24

provinces and cities throughout the Bangsamoro Autonomous Region to be headed 25

by a District Engineer. A legislative province or city may be divided into two (2) or 26

more Engineering Districts, as determined by law or competent authority in the 27

Bangsamoro Government. 28

29

For this purpose, District Offices shall: 30

31

a. Implement policies, guidelines and procedures for the effective 32

implementation of construction, maintenance of infrastructure projects; 33

b. Inspect, verify, monitor, supervise and evaluate various infrastructure 34

projects in accordance with existing standards and guidelines; 35

c. Implement various infrastructure projects in their area of jurisdiction; 36

d. Conduct, inspect and assess condition of roads, bridges and other 37

infrastructure projects and submit report to the Ministry; 38

e. Prepare, review and evaluate plans, programs of work, and estimates 39

including reports and submit to the Ministry; 40

f. Prepare, evaluate and endorse requests for funding for the 41

repair/rehabilitation of damaged infrastructure facilities brought about by 42

calamities to the Ministry; 43

g. Undertake the management, repair, maintenance and rehabilitation of 44

construction and maintenance property, plant and equipment; and 45

h. Perform such other related duties and responsibilities as may be assigned 46

by the Director-General and/or the Minister. 47

48

Sec. 11. Authority of the Ministry Proper over Offices. - The Minister shall 49

exercise technical and administrative control and supervision over offices under the 50

137

Ministry and such other powers necessary, appropriate or incidental in carrying out 1

the implementation of infrastructure programs and projects in their respective area. 2

3

Sec. 12. District Engineer. - The District Engineer within a province or 4

city shall be responsible for the efficient and effective discharge of the duties and 5

functions of the District Office. Within his/her defined powers, he/she shall exercise 6

functional and administrative control and supervision over district operations. 7

He/she shall also perform such other related duties and responsibilities as may be 8

assigned or delegated by the Minister or as may be required by law. 9

10

11

12

13

14

138

TITLE XII 1

SCIENCE AND TECHNOLOGY 2

3

4

Chapter 1 5


7


Government to deliver morally guided science and technology programs, promote 9

innovations and partnerships on research, entrepreneurship and capacity -building, 10

foster competitive, dynamic and conscientious processes compliant to standards, and 11

contribute to a resilient, progressive and economically secured Bangsamoro. 12

13

Sec. 2. Mandate. - The Ministry of Science and Technology, pursuant to 14

Section IX, Article IX of RA 11054 is mandated to set direction and leadership in 15

science, research, inventions, technology education, their development and ensure 16

the full and effective participation of all sectors in the planning, programming, 17

coordination and implementation of scientific and technological researches. 18

19

Sec. 3. Powers and Functions. - The Ministry of Science and Technology 20


22

a. Formulate and adopt a comprehensive Bangsamoro Science and 23

Technology Plan, including specific goals, policies, plans, programs and 24

projects, and monitor and coordinate its funding and implementation;2 3 2 25

b. Pursue Research and Development towards an informed policy 26

formulation, respond to pressing regional priorities, push to maturity the 27

emerging technologies towards productivity, and build-up science and 28

technology literatures through development of research compendium; 29

c. Support the transfer, promotion, innovation and commercialization of 30

technologies for development of micro, small and medium enterprises 31

(MSMEs); 32

d. Enhance Scientific and Technological services in the field of information 33

technology and disaster risk reduction and management; 34

e. Develop and maintain an information system and databank on science and 35

technology;2 3 3 36

f. Improve access to quality education through Science and Technology 37

scholarship programs, capacity building for science and mathematics 38

teachers, upgrading of science laboratories and development of 39

Bangsamoro science schools; 40

g. Administer scientific and technological scholarships, awards and grants;2 3 4 41

h. Conduct research and development on information technology and 42

advanced fields and undertake venture financing;2 3 5 43

i. Contribute to the development and quality standards including halal for 44

food and non-food industry through testing, analysis and capacity-45

building; and 46

232

See Sec. 3 (1), Chapter 1, Title IX, MMA Act No. 287 233



See Sec. 3 (14), Chapter 1, Title IX, MMA Act No. 287

139

j. Perform such other functions as may be provided by law. 1

2

Sec. 4. Organizational Structure. – The Ministry of Science and 3

Technology shall consist of the Ministry Proper, Ministry Services and Offices, and 4


6

7

Chapter 2 8

Ministry Proper 9

10

Sec. 5. Office of the Minister. – The Office of the Minister of Science and 11

Technology consists of the Minister, the Deputy Minister, and the immediate staff. 12

13



16


Science and Technology; 18

























43





Ministry; and 48


50

140






of the Ministry. 6

7

8

Chapter 3 9


11

Sec. 9. Structure. - The Ministry of Science and Technology shall be 12




16

17

Chapter 4 18

Provincial Science and Technology Centers 19

20

Sec. 10. Provincial Centers. – Seven (7) Provincial Science and 21

Technology Centers shall be established in the strategic areas covered by the 22

Bangsamoro Autonomous Region, namely: (a) Maguindanao; (b) Cotabato City; (c) 23

Lanao Del Sur and Marawi City; (d) 63 Barangays from North Cotabato; (e) Basilan 24

and Lamitan City; f) Jolo, Sulu; and g) Tawi-Tawi. 25

26

Sec. 11. Functions. - The Provincial Science and Technology Centers are 27

extensions of the Ministry of Science and Technology. As such they shall carry out 28

the following functions: 29

30

a. Identify needs and opportunities on science and technology in the 31

provinces; 32

b. Implement Science and Technology programs/projects such as technology 33

demonstration and transfer, science and technology promotion and 34

dissemination, science education and other areas of concern that will 35

benefit the people in the provinces; 36

c. Assist in the execution of research and development at the provincial 37

offices; and 38

d. Develop institutional linkages and establish coordination mechanism with 39

provincial offices of other ministries, local government units, academe and 40

nongovernmental offices for the effective implementation of science and 41

technology programs in the provinces. 42

43

Each of the Provincial Centers shall be headed by a Senior Science and 44

Technology Specialist and shall be assisted by other support staff. 45

46


Science and Technology Centers. – The Minister shall exercise technical and 48

administrative control and supervision over Provincial Science and Technology 49

Centers within the Bangsamoro Autonomous Region and such other powers 50

141

necessary, appropriate or incidental in carrying out the implementation of science 1

and technology programs and projects in their respective area. 2

3







10

11

12

142

TITLE XIII 1

SOCIAL SERVICES AND DEVELOPMENT 2

3

4

Chapter 1 5


7

Sec. 1. Declaration of Policy. – The Bangsamoro Government is 8

committed to the care, protection, and rehabilitation of individuals, families, and 9

communities in the Bangsamoro Autonomous Region, especially those who have less 10

in life and those who need social welfare interventions to restore their normal 11

functioning and enable them to participate in community affairs.2 3 6 12

13

Sec. 2. Mandate. - The Ministry of Social Services and Development shall 14

provide a balanced and responsive approach to social welfare whereby the rights, 15

needs, and interests of all citizens within its jurisdiction, with special focus on the 16

marginalized and vulnerable sectors, including women, children, senior citizens, 17

differently-abled persons, indigenous cultural communities, internally displaced 18

persons, and those similarly situated by analogy, are protected and addressed at all 19

times, especially during the existence of a crisis, whether natural or human-induced, 20

that affects their well-being and their participation in community affairs. 21

22

To this end, the Ministry’s objectives shall be to: 23

24

a. Provide an integrated welfare package to its constituents, on the basis of their 25

rights, needs, and interests, and coordinate the service facilities required from 26

such departments or agencies, governmental and non-governmental, or local 27

government units, which can best provide them; 28

b. Address any socially disabling or dehumanizing conditions of the 29

marginalized sectors at the community level, in accordance with their faith 30

and cultural practices; 31

c. Care for, protect, and rehabilitate, differently abled persons, as well as those 32

who are socially disadvantaged, for effective social functioning; and 33

d. Formulate and advocate for the adoption of laws, policies and measures 34

addressing social welfare concerns. 35

36

Sec. 3. Powers and Functions. –The Ministry of Social Services and 37

Development shall have the following powers and functions: 38

39

a. Formulate, develop and implement plans, programs and projects in the field 40

of social welfare and development on the basis of both the rights and needs of 41

the people; 42

b. Adopt policies to ensure effective implementation of programs for public and 43

private social welfare services; 44

c. Promote, support and coordinate the establishment, expansion and 45

maintenance of non-governmental social welfare facilities, projects and 46

services; 47

d. Establish, operate, maintain and otherwise support institutional facilities, 48

projects and services for its constituents; 49

236

See Sec. 1, Chapter 1, Title X of MMA Act 287

143

e. Promote, build and strengthen people’s organizations for a self-directing 1

welfare system at the grassroots level; 2

f. Promote, support and coordinate networks and facilities for the identification 3

and delivery of appropriate interventions to its welfare constituents; 4

g. Accredit institutions and organizations engaged in social welfare activities and 5

provide consultative and information services to them; 6

h. Undertake researches and studies on matters pertaining to the improvement 7

of social welfare services and assistance in the region; 8

i. Initiate, promote and maintain bilateral and multilateral linkages, for 9

technical cooperation, in coordination with relevant national, regional, and 10

local government agencies; 11

j. Provide advisory services and develop and implement training standards and 12

programs for its human resources, social workers and students, for career and 13

staff development in social welfare activities; 14

k. Disseminate information and publish technical bulletins on social welfare 15

services; 16

l. Deputize law enforcement agencies to assist in the implementation of laws, 17

rules and regulations for the protection of the rights of the exploited, abused, 18

and disadvantaged; 19

m. Regulate fund drives, public solicitations and donations for charitable or 20

welfare purposes; 21

n. Set standards, accredit and monitor performance of all social welfare activities 22

in both public and private sectors; 23

o. Exercise functional and technical supervision over social workers in other 24

government settings or agencies like courts, hospitals, schools and housing 25

projects; 26

p. Deputize local government units and other agencies of government as are 27

necessary in providing disaster relief; 28

q. Coordinate all activities pertaining to the implementation of programs and 29

services for the marginalized sectors including women, children, senior 30

citizens, differently abled persons, indigenous cultural communities, 31

internally displaced persons, and those similarly situated by analogy; and 32

r. Perform such other functions as may be provided by law. 33

34

Sec. 4. Organizational Structure. – The Ministry of Social Services and 35

Development shall consist of the Ministry Proper, Ministry Services and Offices, and 36


38

39

Chapter 2 40

Ministry Proper 41

42

Sec. 5. Office of the Minister –The Office of the Minister shall be 43

composed of the Minister, Deputy Minister and their immediate staff. 44

45

Sec. 6. Powers and Functions of the Minister. - The Minister of Social 46

Services and Development shall be vested with the following powers and functions: 47

48


Social Services and Development; 50

144

























25





Ministry; and 30


32






of the Ministry. 38

39

40

Chapter 3 41


43

Sec. 9. Services and Offices. - The Ministry of Social Services and 44

Development’s Services and Offices are, as follows: 45

46



49

145





5


7

(2) Programs and Operations Services. The Programs and Operations 8

Services shall be headed by a Director II. It shall closely coordinate with the 9

Provincial/City Social Welfare Offices in relation to the effective 10

implementation, monitoring, and evaluation of the Ministry’s programs. It 11

shall also encourage the active participation of local government units, partner 12

agencies, and civil service organizations. 13

14

Under the Programs and Operations Services are the following: (a) 15

Convergence Technical Support Division; (b) Social Service Centers Division; 16

(c) Protective Services and Welfare Division; and (d) Disaster Response and 17

Management Division; and the (e) Specialized Programs Division. 18

19


21


23



26


28


Internal Auditor V and shall directly report to the Minister of Basic, Higher, 30

and Technical Education. 31

32

33

Chapter 4 34

Provincial/City/Municipal Social Welfare Offices 35

36

Sec. 10. Provincial/City Social Welfare Offices. – The Ministry 37

shall maintain and operate Social Welfare Offices in each of the provinces/cities in 38

the region. Each Social Welfare Office shall be headed by a Director II who shall have 39

administrative supervision within his/her area of operations and shall be 40

accountable for the efficient and effective implementation of programs of the 41

Ministry therein. 42

43

Sec. 11. Powers, Functions, and Duties of the Provincial/City 44

Social Welfare Offices. – The Provincial/City Offices shall have the following 45

functions: 46

47

a. Formulate and coordinate the implementation of operational, field-level 48

plans/programs of the Ministry; 49

146

b. Provide specialized services and comprehensive assistance/reports to 1

other offices, divisions/sections, or units of the Ministry whenever 2

necessary; 3

c. Establish effective coordination with other departments, agencies, or 4

units, particularly local government units, within the province/city; 5

d. Conduct continuing studies and planning to improve its operations and 6

services. 7

8

Sec. 12. Establishment and Operations of Welfare Facilities. – The 9

Provincial/City Social Welfare Offices, subject to the approval of the Minister, are 10

authorized to establish, operate, and maintain the following: 11

12

a. Vocational Rehabilitation and Special Learning Centers for Differently -13

Abled Persons; 14

b. Senior Citizens Centers; 15

c. Centers for Street Children; 16

d. Crisis Intervention Facilities; 17

e. Violence Against Women and Children (VAWC) Facilities; 18

f. Rehabilitation Centers for Children in Conflict with the Law; 19

g. Reception and Study Centers for Children; and 20

h. Such other facilities as may be necessary to assist the marginalized sectors 21

in the region. 22

23


Social Welfare Offices. – Without prejudice to the possible devolution of powers 25

pertaining to social welfare functions in favor of local government units within the 26

jurisdiction of the Bangsamoro Government, as may be deemed fit and necessary by 27

the Bangsamoro Parliament in furtherance of the principle of local autonomy, the 28

Ministry shall exercise control and supervision on all Social Welfare Offices referred 29

to in the preceding section. 30

31

Sec. 14. Municipal Social Welfare Offices. - The Ministry may establish, 32

operate, and maintain Municipal Social Welfare Offices which shall be primarily 33

responsible for the efficient and effective implementation of the Ministry’s field 34

programs in the municipalities concerned. The Municipal Social Welfare Offices shall 35

be within the control and supervision of the corresponding Provincial Social Welfare 36

Office operating therein, except in local government units where social welfare has 37

been previously devolved. 38

39

40

Chapter 5 41

Fund Drives 42

43

Sec. 15. Solicitation. — Any person, corporation, organization, or 44

association, operating within the jurisdiction of the Bangsamoro Government, 45

desiring to solicit or receive contributions for charitable or public welfare purposes 46

shall first secure a permit from the Ministry. Upon the filing of a written application 47

for a permit in the form prescribed by the Ministry, the Minister, in his/her 48

discretion, may either issue a permanent or temporary permit or disapprove the 49

application. The reason for the disapproval thereof shall be clearly stated in a letter 50

147

to that effect in accordance with the mandate of Republic Act 11032, or the “Ease of 1

Doing Business Act.” 2

3

Moreover, in the interest of the public, the Minister may renew or revoke any 4

permit issued, in accordance with the provisions of Act 4075, as amended by 5

Presidential Decree 1564, or the “Public Solicitation Law.” 6

7

Sec. 16. Requirements. - The Minister may require the person, 8

corporation, organization or association duly authorized to solicit contributions for 9

lawful purposes to submit from time to time a verified report or information 10

regarding their activities, the period covered by the report, the collection and 11

expenditures made and the names and addresses of the contributors and persons to 12

whom assistance was rendered from the funds obtained. This report or information 13

shall be open for inspection of the general public. The Minister or his/her duly 14

authorized representative may, for the protection of the public, likewise investigate 15

the books, papers, affairs and activities of any such person, corporation, 16

organization, or association: Provided, however, That the provisions of the preceding 17

Section shall not apply to any organization or institution established for charitable or 18

public welfare purposes in its campaign for raising funds or soliciting public 19

subscriptions or any means for collecting funds which has been authorized by 20

Executive Proclamation. 21

22

Sec. 17. Collection of Fees. – The Ministry shall charge fees for 23

applications for the permits referred to in the preceding paragraphs. Said fees shall 24

be remitted to the Bangsamoro Treasury. 25

26

27

Chapter 6 28

Social Welfare Agencies And Services 29

30

Sec. 18. Social Welfare Services by Others. – In furtherance of a 31

participative, inclusive, and grassroots-based approach to social welfare assistance 32

and interventions, the social welfare services by the Ministry shall be without 33

prejudice to similar initiatives by any local government unit or private agency, 34

institution, or group. 35

36

All services, offices, divisions/sections, or units of the Ministry shall actively 37

promote and extend maximum assistance, including the provision of counterpart or 38

supplementary funds and resources, upon approval by the Ministry, to such efforts. 39

40

Sec. 19. Accreditation and Operation of Social Welfare Agencies. – 41

No social work agency shall operate and be accredited as such unless it is registered 42

with the Ministry which shall issue the corresponding certificate of registration upon 43

compliance with the following requirements: 44

45

a. The applicant must be engaged mainly or generally in social work activity 46

or social services; 47

b. The applicant must have employed a sufficient number of duly qualified 48

and registered social workers to supervise and take charge of its social 49

service functions in accordance with accepted social work standards; 50

148

c. The applicant must show, in a duly certified financial statement that at 1

least sixty (60) percent of its funds are disbursed for direct social work 2

services; and 3

d. The applicant must keep social work record of all cases and welfare 4

activities handled by it with utmost confidence in accordance with the 5

relevant provisions of Republic Act 10173, or the “Data Privacy Act.” 6

7

A certificate of registration may be revoked if, after due investigation, the 8

Ministry finds that the social work agency has failed to perform its functions or has 9

violated existing laws, rules and regulations. 10

11

Sec. 20. Child Welfare Agency. - No person, natural or juridical, shall 12

establish any child welfare agency without first securing a license from the Ministry. 13

Such license shall not be transferable and shall be used only by the person or 14

institution to which it was issued at the place stated therein. No license shall be 15

granted unless the purpose or function of the agency is clearly defined and stated in 16

writing. Such definition shall include the geographical area to be served, the children 17

to be accepted for care, and the services to be provided. 18

19

If the applicant is a juridical person, it must be registered in accordance with 20

Philippine laws. 21

22

The work of all registered and licensed child welfare agencies shall be 23

supervised and coordinated by the Ministry. 24

25

The Ministry may, after notice and hearing, suspend or revoke the license of a 26

child welfare agency on any of the following grounds: 27

28

a. That the agency is being used for immoral purposes; 29

b. That said agency is insolvent or is not in a financial position to support and 30

maintain the children therein or to perform the functions for which it was 31

granted; 32

c. That the children therein are being neglected or are not properly cared for; 33

d. That the place is unsanitary as to make it unsuitable for children; 34

e. That said agency is located in a place or community where children are 35

placed in danger or are vulnerable to various forms of insecurities, that 36

would unduly expose the children to crimes, vices, acts of immorality, 37

corruption, or severe cruelty; or 38

f. That said agency has, by any act or omission, shown its unfitness to 39

maintain and operate a child welfare agency. During the period of 40

suspension, the agency concerned shall not accept or admit any additional 41

children. In any case, the Ministry shall make such order as to the custody 42

of the children under the care of such agency as the circumstances may 43

warrant. The suspension may last for as long as the agency has not 44

complied with any order of the Ministry to remedy the conditions which 45

served as grounds for the suspension. 46

47

Sec. 21. Foster Homes. - No foster home, day care center and other 48

substitute parental arrangement shall operate unless it is first registered with and 49

licensed by the Ministry. 50

51

149

1

2

150

TITLE XIV 1

TRADE, INVESTMENTS, AND TOURISM 2

3

4

Chapter 1 5


7

Sec. 1. Declaration of Policy. - The Bangsamoro Government recognizes 8

the private sector as prime mover of trade, investments, and industry. To achieve 9

social justice, it shall encourage and support the building of entrepreneurial 10

capability in the Bangsamoro Autonomous Region and shall recognize, promote, 11

protect, and support the investments. It shall promote tourism as a major socio-12

economic activity respecting, upholding, and maintaining diverse cultural heritage 13

and the moral and spiritual values of the people in the Bangsamoro Autonomous 14

Region.2 3 7 15

16

Sec. 2. Mandate. - The Ministry of Trade, Investments and Tourism (MTIT) 17

is the primary government agency mandated to implement laws, programs and 18

projects on trade, investments, and tourism. Towards this end, it shall promote and 19

develop an industrialization program effectively controlled by inhabitants of the 20

Bangsamoro Autonomous Region and shall act as catalyst for intensified private 21

sector activity in order to accelerate and sustain economic growth through: (a) 22

Comprehensive industrial growth strategy; (b) Progressive and socially responsible 23

liberalization program; (c) Policies designed for the expansion and diversification of 24

trade; (d) Policies to protect regional enterprises and consumers against unfair 25

foreign competition and trade practices; and (e) Promotion and development of 26

tourism as a major socio-economic activity to generate revenues and employment 27

and to spread the benefits of tourism to a wider segment of the population, with the 28

support, assistance and cooperation of both private and public sectors. 29

30

Sec. 3. Powers and Functions. - The Ministry of Trade, Investments 31

and Tourism shall have the following powers and functions: 32

33

a. Formulate policies, plans, programs and projects for the development of 34

the trade, investments, and tourism in the region; 35

b. Coordinate with appropriate government agencies and institutions the 36

implementation and enforcement of rules and regulations and other 37

issuances or orders and/or decisions issued related to trade, investments, 38

and tourism; 39

c. Undertake research studies and surveys for the continuing analysis of 40

economic conditions and trends relating to trade, investments, and 41

tourism; 42

d. Create and maintain a stable market and responsive investment policies 43

that encourage and support private sector investments; 44

e. Undertake investment promotion initiatives deemed crucial to the 45

attainment of its investment goal and objective; 46

f. Design an integrated marketing program to attract and encourage local 47

and foreign investors and tourists to invest and visit the region; 48

237

Derived from Sec. 1, Chapter 1, Title XI of MMA Act 287

151

g. Formulate standards for the operation of tourism-oriented establishments 1

within the minimum level acceptable to local and international norms; 2

h. Promulgate rules and regulations governing the operations and activities 3

of all persons, firms, entities and establishments that cater to tourists; 4

i. Provide standards for accreditation of hotels, resorts and tourist-oriented 5

facilities for classification purposes consistent with national laws; 6

j. Develop programs to encourage private sector investment and 7

participation in tourism activities and projects; 8

k. Promote the protection, maintenance and preservation of historical, 9

cultural and natural assets; 10

l. Assist in the enforcement of all laws and regulations for the protection of 11

tourists and other transients; 12

m. Coordinate with appropriate government agencies the development of 13

infrastructure requirements supporting a tourist zone such as, but not 14

limited to, access roads to the zone, electric power brought to the proper 15

line of the zone, airports, harbors, and other support facilities; 16

n. Coordinate with concerned government agencies the provision of social 17

infrastructure requirements supporting a tourist zone as educational 18

facilities, health centers, social and recreational outlets and other 19

necessary amenities for the social upliftment of the populace and 20

preservation of ecological balance; 21

o. Promote, develop, and regulate Halal Industry development, and accredit 22

Halal certifying bodies and Halal Auditors in the Bangsamoro Autonomous 23

Region; 24

p. Coordinate with the Ministry of Agriculture, Fisheries and Agrarian 25

Reform, and other concerned agencies in the BARMM in the development 26

and promotion of Halal industry; 27

q. Coordinate/collaborate with the Ministry of the Interior and Local 28

Government to facilitate an LGU-facilitated local economic development; 29

r. Promote, develop, regulate and accredit repair and service enterprises in 30

accordance with existing laws; 31

s. Encourage and support the formation of Small and Medium Enterprise 32

Development Council (SMEDC) within the BARMM as well as other trade, 33

industry and consumer protection institutions and associations; 34

t. Formulate and implement programs to strengthen industries adversely 35

affected by economic crisis, particularly those that have a good probability 36

of attaining financial viability; 37

u. Formulate plans and programs that shall encourage projects which would 38

affect the dispersal of industries to the rural areas, promote manufactured 39

goods for export, and develop micro, small and medium-scale industries; 40

v. Coordinate efforts in formulating long-term industry sectoral plans with 41

the private sector; 42

w. Promote domestic trade, marketing and distributions to ensure the 43

rational, economical and steady flow of commodities from producing 44

and/or marketing centers to areas where there is a shortage of supply; 45

x. Propose, for the consideration of the Monetary Board, programs in the 46

commercial banking sector for directing Shariah-compliant commercial 47

lending facilities towards priority areas of commercial and industrial 48

development, as well as coordinate government direct funding and 49

financial guarantee programs to achieve trade and industry growth; 50

152

y. Create, in coordination with related agencies of the Bangsamoro 1

Autonomous Regional Government, a one-stop-shop Business 2

Development Support Center to promote the growth of micro, small and 3

medium-scale businesses and enterprises; 4

z. Administratively adjudicate and impose reasonable fines and penalties for 5

violation of existing trade, investments, tourism, and cooperative 6

development laws; and 7

aa. Exercise such other powers and functions as necessary, proper, or 8

incidental to the attainment of its mandate. 9

10

Sec. 4. Organizational Structure. – The Ministry of Trade, Investments, 11

and Tourism shall consist of the Ministry Proper, Ministry Services and Offices, and 12


14

Sec. 5. Attached Agencies. - The following agency and board are 15

attached to the Ministry: 1.) Bangsamoro Economic Zone Authority; and 2.) Halal 16

Accreditation Board. 17

18

19

Chapter 2 20

Ministry Proper 21

22

Sec. 6. Office of the Minister. –The Office of the Minister shall be 23

composed of the Minister, Deputy Minister and their immediate staff. 24

25

Sec. 7. Powers and Functions of the Minister. - The Minister of Trade, 26

Investments, and Tourism shall be vested with the following powers and functions: 27

28


Trade, Investments, and Tourism; 30






















153




4





Ministry; and 9


11

Sec. 9. The Bangsamoro Directors-General. – There shall be two (2) 12




strategic plan of the ministry, with respect to: (a) Trade and Industry; and (b) 16

Tourism. The Bangsamoro Directors-General shall be the direct supervisors of the 17

respective Service Directors of the Ministry. 18

19

20

Chapter 3 21


23

Sec. 10. Structure. - The Ministry of Agriculture, Fisheries, and Agrarian 24

Reform shall be supported by Services, Bureaus, Divisions, Sections, and Units, such 25


Field; Internal Audit Office, and the likes. 27

28

29

Chapter 4 30

Bureaus 31

32

A. Bureau of Trade and Industry 33

Sec. 11. Bureau of Trade and Industry. – The Bureau of Trade and 34

Industry shall be headed by a Director II, and shall have the following functions: 35

36

a. Assist the Minister of Trade, Investments, and Tourism in the formulation 37

and implementation of the Ministry’s policies, plans and programs on 38

Trade and Industry; 39

b. Assist the Minister in the supervision and administration of the trade and 40

industry related programs and projects including the conduct of Trade 41

Fairs/Exhibits, Business Conferences/Fora, and other Investment 42

promotions activities; 43

c. Assist the Minister in the Implementation of the Fair Trade Laws, Price Act 44

and related policies on consumer protection and business name 45

registration; 46

d. Coordinate with other bureaus and government agencies, local 47

government units concerned and the private sector in discharging its 48

duties and functions; 49

154

e. Enlist the assistance and support of local government units and other 1

regional/provincial line agencies in the implementation of the programs, 2

projects and activities of the bureau; and 3

f. Perform such other functions as may be provided by law. 4

5

Sec. 12. Divisions under the Bureau of Trade and Industry. – The 6

Bureau of Trade and Industry shall be composed of the following divisions: (a) Trade 7

Regulation and Consumer Protection Division; (b) Enterprise and Trade 8

Development Division; and (c) Industry Development and Investment Promotion 9

Division. 10

11

12

B. Bureau of Investments 13

Sec. 13. Bureau of Investments. – The Bureau of Investments shall be 14

headed by a Director II, and shall have the following functions: 15

a. Assist the Minister of Trade, Investments, and Tourism on matters 16

relating to Investments, not otherwise exercised by the Bangsamoro 17

Board of Investments; 18

b. Assist in the formulation and implementation of Ministry policies, plans 19

and programs on Investments; 20

c. Coordinate with other bureaus and government agencies, local 21

government units concerned and the private sector in discharging its 22

duties and functions; 23

d. Enlist the assistance and support of local government units and other 24

regional/provincial line agencies in the implementation of the programs, 25

projects and activities of the Bureau; 26

e. Supervise enterprises duly registered with the Bangsamoro Government, 27

including those enterprises previously registered with the Regional Board 28

of Investments – ARMM; 29

f. Assume promotion of investments within the Bangsamoro Autonomous 30

Region consistent with the Investments Priorities Plan developed by the 31

Bangsamoro Board of Investments under the Office of the Chief Minister; 32

and 33

g. Perform such other functions as may be provided by law. 34

Sec. 14. Divisions under the Bureau of Investments. – The Bureau of 35

Investments shall be composed of the following divisions: (a) Technical and 36

Regulatory Division; and (b) Research and Support Division. 37

38

39

C. Bureau of Tourism 40

Sec. 15. Bureau of Tourism. – The Bureau of Tourism shall be headed by a 41

Director II, and shall have the following functions: 42

43

155

a. Assist the Minister of Trade, Investments, and Tourism in the formulation 1

and implementation of the Ministry’s policies, plans and programs on 2

Tourism; 3

b. Coordinate the implementation of operational, field-level plans/programs 4

of the Bureau; 5

c. Oversee the administration of the Tourism Marketing, and Tourism 6

Product Development Service Offices of the Ministry, consistent with the 7

mandate of the ministry; 8

d. Coordinate with concerned agencies and institutions, both government 9

and private, the development of the regional tourism plans and policies; 10

e. Enlist the assistance and support of local government units and other 11

regional/provincial line agencies in the implementation of the programs 12

and projects of the bureau; 13

f. Provide support to all tourism-related activities of private sectors needing 14

government assistance; 15

g. Organize tourism partners and inter- island advocacy enhancement 16

activities; 17

h. Strengthening safety coordination network, putting in-place necessary 18

tourism services, and development of institutional linkages and social 19

assets; and 20

i. Perform such other functions as may be provided by law. 21

22

Sec. 16. Divisions under the Bureau of Tourism. – The Bureau of 23

Tourism shall be composed of the following divisions: (a) Product Development and 24

Standards and Accreditation Division; and (b) Tourism Promotions and Marketing 25

Division. 26

27

28

D. Bureau of Product Standards 29

Sec. 17. Bureau of Product Standards. – The Bureau of Product 30

Standards shall be headed by a Director II, and shall have the following functions: 31

a. Develop, promulgate, implement, and promote standardization activities 32

in the Bangsamoro Autonomous Region, consistent with Republic Act No. 33

7394, otherwise known as the Consumer Act of the Philippines; 34

b. Formulate a Bangsamoro Regional Product Standards (BRPS) or adopt the 35

Philippine National Standards (PNS) or relevant international or foreign 36

standards to help industries produce quality products or services, or raise 37

productivity in the Bangsamoro Autonomous Region; 38

c. Certify products for safety and quality in accordance with the BRPS or PNS 39

and other conformity assessment schemes, as necessary; 40

d. Operate a Testing Center in the Bangsamoro Autonomous Region to 41

support its product certification scheme and conduct confirmatory tests for 42

laboratories; 43

e. Maintain a standards data center or a repository of standards and a 44

website where a list of BRPS or PNS and certified products in the 45

Bangsamoro Autonomous Region are published; and 46

156

f. Disseminate information within the Bangsamoro Autonomous Region on 1

standards developed and adopted to manufacturers, traders and other 2

standards users. 3

Sec. 18. Divisions under the Bureau of Product Standards. – The 4

Bureau of Product Standards shall be composed of the following divisions: (a) 5

Standards Development and Conformity Division; and (b) Product Testing Division. 6

7

8

Chapter 5 9

Field Offices 10

11

Sec. 19. Provincial Offices. - Seven (7) Field Offices shall be established in 12

the strategic areas covered by the Bangsamoro Autonomous Region, namely: (a) 13

Maguindanao; (b) Cotabato City; (c) Lanao Del Sur and Marawi City; (d) 63 14

Barangays from North Cotabato; (e) Basilan and Lamitan City; f) Sulu; and g) Tawi-15

Tawi. 16

17

Each shall be headed by a Provincial Director with a rank equivalent to a 18

Director II, with support staff. 19

20

Sec. 20. Powers and Functions. - MTIT Field Offices shall perform the 21


23

a. Implement laws, policies, plans, programs, rules and regulations of the 24

Ministry in their respective area of jurisdiction; 25

b. Provide economical, efficient and effective service to the people; 26

c. Coordinate with the provincial/city offices of other Ministries, bureaus, 27

agencies, and local government units in discharging its duties and 28

functions; 29

d. Coordinate and enlist the assistance and support of local government 30

units, other BARMM provincial line agencies, and private sectors the 31

implementation of operational field-level plans/programs of the Ministry; 32

e. Monitor business establishments on the compliance with the regulation 33

standards implemented by the MTIT; and 34

f. Perform such other functions as maybe set by the MTIT regional office or 35

as provided by law. 36

37

Sec. 21. Authority of Ministry Proper over Field Offices. - The Office 38

of the Minister shall exercise supervision and control over the Provincial/City 39

Offices. It shall be responsible for the field operations of the Ministry, ensuring full 40

compliance with policies, rigorous implementation of rules and regulations, and 41

proper implementation of plans and programs by the Field Offices in their respective 42

jurisdictions. 43

44

45

Chapter 6 46

The Bangsamoro Economic Zone Authority 47

48

157

Sec. 22. The Bangsamoro Economic Zone Authority (BEZA) Board. 1

- There is hereby created a body corporate to be known as the Bangsamoro Economic 2

Zone Authority (BEZA) attached to the Ministry of Trade, Investment and Tourism. 3

4

The Board shall have an Executive Director II who shall be appointed by the 5

Chief Minister, to serve for a term of four (4) years, unless sooner removed for cause, 6

with provision for reappointment. In case of removal for cause, the replacement shall 7

serve only the unexpired portion of the term. The Executive Director shall be of 8

proven probity and integrity, and a degree holder in any of the following fields: 9

economics, business, public administration, law, accounting, management or their 10

equivalent, and with at least five (5) years relevant work experience, preferably in the 11

field of financial and legal management or public administration and with civil 12

service eligibility, or its equivalent (R.A.1080). 13

14

The Board shall be composed of eight (8) members as follows: 15

16

1. Minister of Trade, Investment, and Tourism (MTIT) as Chairperson; 17

2. Executive Director II of BEZA as Vice-Chairperson; 18

3. Minister of Labor and Employment (MOLE); 19

4. Minister of Environment, Natural Resources, and Energy (MENRE); 20

5. Minister of Agriculture, Fisheries and Agrarian Reform (MAFAR); 21

6. Minister of Public Works (MPW); 22

7. Minister of Transportation and Communications (MOTC); and 23

8. Ministry of Finance, and Budget and Management. 24

25

In case of the unavailability of the Minister of Trade, Investment and Tourism 26

MTIT to attend a particular board meeting, the Executive Director II of the BEZA 27

shall act as Chairman. 28

29

Members of the Board shall receive a per diem of not less than the amount 30

equivalent to the representation and transportation allowances of the members of 31

the Board and/or as maybe determined by the Ministry of Finance, and Budget and 32

Management: Provided, however, That the per diem collected per month does not 33

exceed the equivalent of four (4) meetings. 34

35

Sec. 23. Functions and Powers of the BEZA Board. -The BEZA Board 36

shall exclusively be a policy making body and shall not interfere in the day -to-day or 37

administrative operations of the BEZA or in the formulation and enforcement of 38

regulations implementing its policies, which operations and regulations are the 39

primary responsibility of the Executive Director II. 40

41

The BEZA Board shall have the following functions and powers: 42

43

a. Set the general policies on the establishment and operations of the 44

ECOZONES, industrial estates, export processing zones, free trade zones, 45

and the like; 46

b. Review proposals for the establishment of ECOZONES based on the set 47

criteria under Section 6 and endorse to the Chief Minister the 48

establishment of the ECOZONES, industrial estates, export processing 49

zones, free trade zones and the like. Thereafter, it shall facilitate and assist 50

in the organization of said entities; 51

158

c . Regulate and undertake the establishment, operation and maintenance of 1

ports, airfields, utilities, other services and infrastructure in the 2

ECOZONE, such as heat, light and power, water supply, 3

telecommunication, transport, print and media facilities, toll roads and 4

bridges, port services, etc., and to fix just, reasonable and competitive 5

rates, charges and fees therefore; 6

d. Approve the annual budget of the BEZA and the ECOZONE development 7

plans, with concurrence of the Chief Minister, which budget shall be 8

appropriated by the Bangsamoro Parliament. In case of delay in the 9

approval of the annual budget of the BEZA, it may operate on the basis of 10

the budget of the preceding year until such time as the annual budget is 11

approved; 12

e. Issue rules and regulations to implement the relevant provisions of this 13

Code in so far as its power and functions are concerned; 14

f . Exercise its powers and functions as provided for in this Code; and 15

g. Render annual reports to the Chief Minister and the Bangsamoro 16

Parliament. 17

18

Sec. 24. General Powers and Functions of the Authority. - The BEZA 19

shall have the following powers and functions as exercised through its agents and the 20

Executive Director II: 21

22

a. To operate, administer, manage and develop the ECOZONE according to 23

the principles and provisions set forth in this Code; 24

b. To register, regulate and supervise the enterprises in the ECOZONE in an 25

efficient and decentralized manner; 26

c. To coordinate with local government units and exercise general 27

supervision over the development, plans, activities and operations of the 28

ECOZONES, industrial estates, export processing zones, free trade zones, 29

and the like; 30

d. In coordination with the local government units concerned and 31

appropriate agencies, to construct, acquire, own, lease, operate and 32

maintain on its own or through contract, franchise, license, bulk purchase 33

from the private sector and build-operate-transfer scheme or joint venture, 34

adequate facilities and infrastructure, such as light and power systems, 35

water supply and distribution systems, telecommunication and 36

transportation, print and media facilities, buildings, structures, 37

warehouses, roads, bridges, ports and other facilities for the operation and 38

development of the ECOZONE, including shipping and related business, 39

stevedoring and port terminal services or concessions, incidental thereto 40

and airport operations in coordination with the Civil Aeronautics Board, 41

and fix just and reasonable rates, fares, charges and other prices therefore; 42

e. To create, operate and/or contract to operate such agencies and functional 43

units or offices of the authority as it may deem necessary; 44

f. To adopt, after and use a corporate seal; make contracts, lease, own or 45

otherwise dispose of personal or real property; sue and be sued; and 46

otherwise carry out its duties and functions as provided for in this Code; 47

g. To coordinate the formulation and preparation of the development plans 48

of the different entities mentioned above; 49

h. To coordinate with the Bangsamoro Planning and Development Authority 50

BPDA, the Ministry of Trade, Investments, and Tourism and the local 51

159

government units and appropriate government agencies for policy and 1

program formulation and implementation; 2

i. To monitor and evaluate the development and requirements of entities in 3

subsection (a) and recommend to the local government units or other 4

appropriate authorities the location, incentives, basic services, utilities and 5

infrastructure required or to be made available for said entities; and 6

j. Within the limitation provided by law, to raise and/or borrow the 7

necessary funds from local and international financial institutions and to 8

issue bonds, promissory notes and other securities for that purpose and to 9

secure the same guarantee, pledge, mortgage, deed of trust, or assignment 10

of its properties held by the BEZA for the purpose of financing its projects 11

and programs within the framework and limitations of this Code. 12

13

Sec. 25. Powers and Functions of the Executive Director. - The 14

Executive Director II shall be the overall coordinator of the policies, plans and 15

programs of the ECOZONES. As such, he shall provide overall supervision over and 16

general direction to the development and operations of these ECOZONES. He shall 17

determine the structure and the staffing pattern and personnel complement of the 18

BEZA and establish provincial offices, when necessary, subject to the approval of the 19

BEZA Board. 20

21

In addition, he shall have the following specific powers and responsibilities: 22

23

a. To safeguard all the lands, buildings, records, monies, credits and other 24

properties and rights of the ECOZONES; 25

b. To ensure that all revenues of the ECOZONE are collected and applied 26

in accordance with its budget; 27

c. To ensure that the investors/firms, industrial estates and employees of 28

the ECOZONES are properly discharging their respective duties; 29

d. To give such information and recommend such measures to the Board, 30

as he shall deem advantageous to the ECOZONE; 31

e. To submit to the Board, the ongoing and proposed projects, work and 32

financial program, annual budget of receipts, and expenditures of the 33

ECOZONE; 34

f. To represent the ECOZONE in all its business matters and sign on its 35

behalf after approval of the Board, all its bonds, borrowings, contracts, 36

agreements and obligations made in accordance with this Code; 37

g. To acquire jurisdiction, as he may deem proper, over the protests, 38

complaints, and claims of the residents and enterprises in the 39

ECOZONE concerning administrative matters; 40

h. To recommend to the Board the grant, approval, refusal, amendment or 41

termination of the ECOZONE franchises, licenses, permits, contracts, 42

and agreements in accordance with the policies set by the board; 43

i. To require owners of houses, buildings or other structures constructed 44

without the necessary permit whether constructed on public or private 45

lands, to remove or demolish such houses, buildings, structures within 46

sixty (60) days after notice and upon failure of such owner to remove or 47

demolish such house, building or structure within said period, the 48

executive director or his authorized representative may summarily 49

cause its removal or demolition at the expense of the owner, any 50

160

existing law, decree, executive order and other issuances or part thereof 1

to the contrary notwithstanding; 2

j. To take such emergency measures as may be necessary to avoid fires, 3

floods and mitigate the effects of storms and other natural or public 4

calamities; 5

k. To accept any local or foreign investment, business or enterprise in the 6

ECOZONE, subject only to such rules and regulations to be 7

promulgated by the BEZA without prejudice to the nationalization 8

requirements provided for in the Constitution; 9

l. To prepare and make out plans for the physical and economic 10

development of the ECOZONE, including zoning and land subdivision, 11

issue such rules and regulations which shall be submitted to the Board 12

for its approval, and; 13

m. To perform such other duties and exercises such powers as may be 14

prescribed by the Board, and to implement the policies, rules and 15

regulations set by the BEZA. 16

17

Sec. 26. Administration of each ECOZONE. - Except for privately-owned, 18

managed or operated ECOZONES, each ECOZONE shall be organized, administered, 19

managed by the ECOZONE executive committee composed of the following: 20

21

a. The Executive Director of the BEZA or any of his representatives; 22

b. The Administrator who shall be appointed by the BEZA Board upon 23

recommendation of the Executive Director, and who shall be responsible for 24

the day to day operations of the ECOZONE; and 25

c. One (1) Deputy Administrator to be appointed by the Board upon 26

recommendation of the Executive Director. 27

28

The Administrator and the Deputy Administrator shall be of proven probity and 29

integrity, and a degree holder in any of the following fields: economics, business, 30

public administration, law, accounting, management, engineering or their 31

equivalent, with at least four (4) years relevant working experience and with civil 32

service eligibility. The residents of the area, where the ECOZONE is located and/or 33

those with graduate level degrees, such as Masters in Public Administration, or 34

professional board passers shall be given priority in hiring. 35

36

Sec. 27. ECOZONE Advisory Council. - An ECOZONE advisory body shall be 37

created with the following members: 38

39

a. The President of the association of investors in the ECOZONE; 40

b. The Governor of the Province where the ECOZONE is located, who shall 41

be the Chairperson of the body; 42

c. The Mayor/s of the municipality/ies or city/ies where the ECOZONE is 43

located; 44

d. The Representatives of the business sector in the periphery of the 45

ECOZONE; and 46

e. Representatives of the BEZA. 47

48

Sec. 28. Functions. - The ECOZONE advisory body shall have the following 49

functions: 50

51

161

a. Advise the ECOZONE management on matters pertaining to policy 1

initiatives; and 2

b. Assist the ECOZONE management in settling problems arising between 3

labor and any enterprise in the ECOZONE. 4

5

Privately-owned ECOZONES shall retain autonomy and independence but 6

shall be monitored by the BEZA for the implementation of incentives and 7

operations for adherence to the law. 8

9

Sec. 29. Personnel. - The BEZA Board of Directors shall provide for an 10

organization and staff of officers and employees of the BEZA, and upon 11

recommendation of the executive director with the approval of the Minister of 12

Trade, Investments, and Tourism, appoint and fix the remunerations and other 13

emoluments: Provided, That the Board shall have exclusive and final authority to 14

promote, transfer, assign and reassign officers of the BEZA, any provision of 15

existing law to the contrary notwithstanding. 16

17

Sec. 30. Investigation and Inquiries. - Upon a written formal 18

complaint made under oath, which on its face provides reasonable basis to believe 19

that some anomaly or irregularity might have been committed, the BEZA or the 20

Administrator of the ECOZONE concerned, shall have the power to inquire into the 21

conduct of firms or employees of the ECOZONE and to conduct investigations, and 22

for that purpose may subpoena witnesses, administer oaths, and compel the 23

production of books, papers, and other evidences: Provided, That to arrive at the 24

truth, the investigator (s) may grant immunity from prosecution to any person 25

whose testimony or whose possessions of documents or other evidence is necessary 26

or convenient to determine the truth in any investigation conducted by him or 27

under the authority of the BEZA or the administrator of the ECOZONE concerned. 28

29

30

Chapter 7 31

Halal Accreditation Board 32

33

Sec. 31. Creation and Mandate. - There is hereby created a Halal 34

Accreditation Board (HAB), which shall be the policy-making body of the 35

Bangsamoro Government on Halal Industry Development and shall set the overall 36

direction for the implementation of the Bangsamoro Halal Industry Development 37

and Promotion Program. It shall be attached to the Ministry of Trade, Investments, 38

and Industry. 39

In the performance of its mandate, the HAB shall institutionalize the 40

involvement of concerned Bangsamoro organizations and nongovernment 41

organizations. through membership in consultative or advisory bodies, coordination 42

of activities with government agencies with Halal Industry Development, and 43

participation in regular consultative mechanisms such as public hearings and 44

roundtable discussions.2 3 8 45

Sec. 32. Powers and Functions. - The HAB shall have the following 46


238

Derived from Sec. 5, RA No. 10817

162

a. Grant or deny applications for issuance of certificates of accreditation of 1

halal standards; 2

b. Formulate, advocate, coordinate, oversee and assess the implementation of 3

the Bangsamoro Halal Development and Promotion Program; 4

c. Coordinate with existing government regulatory agencies on matters of 5

Halal standard setting, including the application thereof on products, 6

processes and services; 7

d. Promulgate policies and guidelines as necessary or proper for the 8

accomplishment of these objectives, including the HAB’s operation; 9

e. Create technical panels, working groups, or task forces that will assist the 10

HAB in the performance of its functions; 11

f. Investigate and make recommendations on complaints, controversies, or 12

disputes arising out of the implementation or enforcement of standards, 13

guidelines, rules and procedures adopted to promote and develop Halal 14

industries, the export of Halal products and the provision of Halal 15

processes and services, within the Bangsamoro Autonomous Region; 16

g. Request the assistance and cooperation of any ministry, bureau, office, 17

agency or instrumentality of the Bangsamoro Government, or private 18

entities and organizations in the implementation of its functions and the 19

attainment of the objectives hereof, including the carrying out of 20

recommendations as a result of investigations and studies made pursuant 21

to paragraphs (d) and (e) hereof; and 22

h. Perform such other powers and functions as may be prescribed by law, or 23

may be necessary, incidental, or proper to its mandate.2 3 9 24

Sec. 33. Composition of the HAB. - The Halal Accreditation Board shall 25

be composed of: 26

a. The Minister of Trade, Investments, and Tourism as Chairperson; 27

b. The Minister of Agriculture, Fisheries, and Agrarian Reform as Vice 28

Chairperson; 29

c. The Minister of Science and Technology; 30

d. The Minister of Health; 31

e. The Minister of Labor and Employment; 32

f. The Minister of Transportation and Communications; 33

g. The Mufti of the Bangsamoro Darul-Ifta’; 34

h. Representative from the Mindanao State University System; and 35

i. Two (2) Bangsamoro professionals from the academe, law, industry, or 36

food science who have experience in Halal industry development, to be 37

appointed by the Chief Minister from at least four (4) nominees 38

recommended by Bangsamoro civil society organizations. 39

The two (2) Bangsamoro professionals shall serve for a term of three (3) years, 40

and may be reappointed once. 41

The ex officio members of the Halal Accreditation Board may designate their 42

respective alternates who shall be at least Bureau Director in rank and their acts shall 43

be considered the acts of their principals.2 4 0 44

239


163

Sec. 34. Secretariat of the Halal Accreditation Board. - The Minister 1

of Trade, Investments, and Tourism, as Chairperson of the Halal Accreditation 2

Board, shall establish an interagency secretariat from the different bureaus of the 3

MTIT concerned with Halal production, promotion and export development, the 4

MAFAR and the MOST. 5

The Ministers of MAFAR and MOST shall assign technical staff of their 6

ministries as staff of the Secretariat. Other member agencies shall provide additional 7

staff support upon the determination of the necessity by the Chairperson and 8

conformity of the Halal Accreditation Board.2 4 1 9

10

Chapter 8 11

Bangsamoro Barter Trade Council 12

13

Sec. 35. Creation and Mandate.- The Bangsamoro Barter Trade Council 14

(BBTC) is hereby created with the mandate to accredit, regulate, supervise, 15

coordinate and harmonize all policies, operations, programs and activities of barter 16

trade in the Bangsamoro Autonomous Region. 17

18

Sec. 36. Functions of the BBTC. The BBTC shall have the following 19


21

a. Create an environment conducive to barter and counter trade 22

development and growth in the Bangsamoro Autonomous Region, 23

BIMP-EAGA and ASEAN facilitating, among others, the participation of 24

small enterprises and entrepreneurs in barter trade; 25

b. Issue rules and regulations on the registration or accreditation of traders 26

qualified to engage in traditional barter trade within the Barter Ports to 27

be established, including imposition of reasonable registration fees and 28

facilitation of all documentary requirements necessary to avail of the 29

zero-tariff benefits under the ASEAN Free Trade Agreement and the 30

ASEAN Trade in Goods Agreement; 31

c. Issue comprehensive guidelines governing barter trade, including but not 32

limited to a mechanism for assessment of barter goods, a provision on 33

allowable barter goods, and measures to prevent smuggling and 34

circumvention of customs laws, rules and regulations; 35

d. It shall have regulatory powers over the operation of the barter trade in 36

the Bangsamoro Autonomous Region; 37

e. Review existing policies, rules and regulations of government agencies 38

affecting barter trade and submit recommendations to the Chief Minister 39

and the Parliament; 40

f. Call or invite representatives from among the major ethno-linguistic 41

groups and members of Indigenous Peoples in the Bangsamoro region to 42

participate in its proceedings; 43

g. Coordinate with other appropriate government agencies/institutions in 44

the performance of its mandate such as Coast Guard, Bureau of Customs, 45

240

Derived from Sec. 7, RA No. 10817 241


164

Bureau of Immigrations and Deportation, Department of Foreign Affairs, 1

Bureau of Quarantine, AFP, PNP; and 2

h. Perform such other function as may be assigned by law or the by the 3

higher authorities. 4

5

Sec. 37. Composition. - The BBTC shall be composed of the Minister of 6

Trade, Investments, and Tourism, as Chairperson; the Ministers of Finance, and 7

Budget and Management and of the Agriculture, Fisheries and Agrarian Reform as 8

Vice-Chairpersons; the Minister of the Interior and Local Government; the Director-9

General of the Bangsamoro Planning the Development Authority; the Executive 10

Director of the Bangsamoro Economic Zone Authority; the General Manager of the 11

Bangsamoro Ports Management Authority; and the Director of the MARINA-12

BARMM. 13

14

The BBTC may, as the need arises, coordinate with representatives of the 15

following national government agencies on matters pertaining to its functions: 16

17

a. Philippine Coast Guard; 18

b. Bureau of Customs; 19

c. Philippine Marines; 20

d. Philippine Navy; and 21

e. Philippine National Police. 22

23

Sec. 38. Secretariat. - The MTIT shall provide technical, administrative 24

and secretariat support to the BBTC in the exercise of its functions. 25

26

Sec. 39. Allowable Barter Goods. - Goods traded under the barter trade 27

system shall enter the Bangsamoro territory only through the Barter Ports 28

established for the purpose. 29

30

Qualified traders of allowable barter trade goods shall import or export their 31

goods only after securing the required goods declaration or export declaration, 32

clearances, licenses and other requirements prescribed under existing laws. In case 33

of importation, the release of goods from customs custody shall be subject to the 34

submission of requirements under relevant laws, rules and regulations. 35

36

37

38

39

165

TITLE XV 1

TRANSPORTATION AND COMMUNICATIONS 2

3

4

Chapter 1 5


7

Sec. 1. Declaration of Policy. – The Bangsamoro Government is 8

committed to the promotion, maintenance, and expansion of viable, efficient, fast, 9

safe, and dependable transportation and communications systems as effective 10

instruments for regional development and economic progress. It shall not compete 11

as a matter of policy with private enterprise and shall operate transportation and 12

communications facilities only in those areas where private initiatives are inadequate 13

or non-existent. 14

15

Sec. 2. Mandate. - The Ministry of Transportation and Communications 16

(MOTC) shall be the primary policy, planning, programming, coordinating, 17

implementing, regulating, and administrative entity of the Bangsamoro Government 18

in the promotion, development, and regulation of dependable and coordinated 19

networks of transportation and communications systems, as well as fast, safe, 20

efficient and reliable transportation and communications services. 21

22

Section 3. Powers and Functions. – The Ministry of Transportation and 23

Communications has the following powers and functions: 24

25

a. Administer and enforce all transportation and communications laws, rules, 26

and regulations within its jurisdiction and deputize appropriate law 27

enforcement agencies for the purpose; 28

b. Formulate and recommend regional policies and guidelines on matters 29

relative to transportation and communications; 30

c. Grant regional franchises, licenses, and permits to and exercise quasi-31

judicial powers over land, sea, and air transportation plying routes within 32


d. Register land, sea, and air transportation operating exclusively within the 34


e. Manage navigation in inland waterways within the Bangsamoro 36


f. Manage or supervise the landside operation of ports and airports in the 38

Bangsamoro Autonomous Region, except those in economic zones; 39

g. Grant regional franchises, licenses, and permits to telecommunication 40

utilities, including radio and television broadcasting companies, whose 41

frequencies are confined to and whose main offices are located within the 42


h. Issue certificates of public convenience and necessity, special permits, and 44

provisional authority to operate telecommunication companies in the 45


i. Register telecommunication companies in the Bangsamoro Autonomous 47

Region and exercise quasi-judicial powers over their operation; 48

166

j. Register cargo forwarding, courier, and transport ticket sales services in 1


k. Monitor the operation of the postal services in the Bangsamoro 3

Autonomous Region and recommend measures for its improvement; 4

l. Generate revenues and shares from the operations of public transportation 5

and communication utilities and determine or prescribe the pertinent rates 6

or charges, including penalties, except those already fixed by other bodies 7

in accordance with law; 8

m. Impose duties and fees on vessels registered with the Ministry and on 9

wharves constructed and maintained by the Bangsamoro Government; 10

n. Ensure, with the National Government, the free movement of vessels, 11

goods, and people in Zones of Joint Cooperation and the interconnectivity 12

of the islands and mainland areas comprising the Bangsamoro 13


o. Exercise all other functions devolved to it by the National Government; 15

and 16

17

p. Perform such other functions as may be provided by law or higher 18

authorities. 19

20

Sec. 4. Organizational Structure. – The Ministry of Transportation and 21

Communications shall consist of the Ministry Proper, Ministry Services and Offices, 22

and such other appropriate divisions or units as may be necessary. 23

24

The sectoral offices shall be the: (1) Bangsamoro Telecommunications 25

Commission; (2) Bangsamoro Land Transportation Office; (3) Bangsamoro Land 26

Transportation Franchising and Regulatory Board; (4) Bangsamoro Ports 27

Management Authority; (5) Bangsamoro Maritime Industry Authority; (6) Civil 28

Aviation Authority of the Bangsamoro; (7) Civil Aeronautics Board of the 29

Bangsamoro; and (8) Other sectoral offices with specialization in the area of 30

transportation or communications that may be created by law. Each of these sectoral 31

offices shall be headed by a Director I. 32

33

34

Chapter 2 35

Ministry Proper 36

37

Sec. 5. Office of the Minister. – The Office of the Minister of 38

Transportation and Communications consists of the Minister, the Deputy Minister, 39

and the immediate staff. 40

41



44


Transportation and Communications; 46



167























23





Ministry; and 28


30






36

37

Chapter 3 38


40

Sec. 9. Structure. - The Ministry of Transportation and Communications 41



Internal Audit Office, and the likes. 44

45

Sec. 10. Office for Land Transportation. – The Office for Land 46

Transportation, headed by a Director II and with support staff, shall assist the 47

Minister in the coordination of the programs, projects, activities, strategic 48

168

communication, and capacity-building of the sectoral specialized in the area of land 1

transportation offices (currently, BLTO and BLTFRB). 2

3

Sec. 11. Office for Water Transportation. – The Office for Water 4



communication, and capacity-building of the sectoral offices specialized in the area 7

of water transportation (currently, BMARINA and BPMA). 8

9

Sec. 12. Office for Air Transportation. – The Office for Air 10



communication, and capacity-building of the sectoral offices specialized in the area 13

of air transportation (currently, CAAB and CABB). 14

15

Sec. 13. Office for Communications. – The Office for Communications, 16

headed by a Director II and with support staff, shall assist the Minister in the 17

coordination of the programs, projects, activities, strategic communication, and 18

capacity-building of the sectoral offices specialized in the area of communications 19

(currently BTC and BICTO). 20

21

22

Chapter 4 23

Sectoral Offices 24

25

Sec. 14. Bangsamoro Land Transportation Office. – Without 26

prejudice to the transfer of powers and functions from its national counterpart, the 27

Bangsamoro Land Transportation Office (BLTO) shall have the following powers and 28

functions in its area of jurisdiction, in accordance with law: 29

30

a. Issue driver’s license or permit and conductor’s license; 31

b. Register motor vehicles, including motorcycles and motorized tricycles; 32

c. Enforce all land-transportation and traffic laws, rules, and regulations and 33

impose fines and penalties as warranted; 34

d. Accredit driving schools and motor vehicle manufacturers, assemblers, 35

importers, and dealers; 36

e. Issue rules and regulations consistent with existing transportation and 37

other relevant laws to govern traffic and land transportation; 38

f. Fix and collect reasonable fees and charges for its services; and 39

g. Perform such related functions as may be provided by law higher 40

authorities. 41

42

Sec. 15. BLTO Organizational Structure. – The BLTO shall have three 43

divisions: (1) The Operations Division, under which shall be the BLTO District 44

Offices which shall handle licensing and registration and the Accreditation Unit 45

based in the BLTO Main Office which shall handle the accreditation of driving 46

169

schools and manufacturers, assemblers, importers, and dealers; (2) The Law 1

Enforcement Division, based in the BLTO Main Office, which shall handle field 2

enforcement, investigation and adjudication of cases, intelligence gathering, traffic 3

safety, and road safety; and (3) The Management Information Division which shall 4

manage and integrate licensing, registration, accreditation, intelligence, accident, 5

and violation records. 6

The BLTO shall be headed by a Director III. Each of the three divisions shall 7

be headed by a Division Chief. 8

9

The size and staffing of the BLTO District Offices shall be determined based 10

on the number of licensing and registration applicants at ratios to be reviewed and 11

endorsed by the Minister every three (3) years for the approval of the Cabinet. 12

13

Sec. 16. Bangsamoro Land Transportation Franchising and 14

Regulatory Board. – Without prejudice to the transfer of powers and functions 15

from its national counterpart, the Board shall have the following powers and 16

functions: 17

18

a. Prescribe and regulate routes and areas of operation of public land 19

transportation services within the Bangsamoro Autonomous Region 20

through franchises or provisional permits; 21

b. Promulgate rules and regulations, including standards and safety 22

requirements, for land transportation utilities operating in the 23

Bangsamoro Autonomous Region, consistent with existing laws and 24

national policies; 25

c. Determine reasonable fares, rates, and other related charges relative to the 26

operation of public land transportation services within the Bangsamoro 27


d. Exercise quasi-judicial functions, including the conduct of hearings and 29

the issuance of subpoena and subpoena duces tecum, in the enforcement 30

of public service laws on land transportation and BLTFRB rules and 31

regulations and impose lawful fines and penalties after due process; 32

e. Fix and collect reasonable fees and charges for its services; and 33

f. Perform such related functions as may be provided by law or higher 34

authorities. 35

36

Sec. 17. BLTFRB Organizational Structure. – The Bangsamoro Land 37

Transportation Franchising and Regulatory Board (BLTFRB) shall be composed of 38

the Board and its Executive Office. The Board shall be composed of the Minister of 39

Transportation and Communications as Chairperson, the Executive Director who 40

heads the Executive Office, and a representative from the organized transport sector 41

who shall be appointed by the Chief Minister under co-terminus status. 42

43

Sec. 18. Appeal from Board Decisions. – A party with standing may 44

appeal to the Chief Minister any decision, order, or resolution of the BLTFRB within 45

thirty (30) days from receipt thereof. Even without an appeal, the Chief Minister may 46

review any Board decision before it becomes final. 47

170

1

Sec. 19. The Executive Office of the Board. – The Executive Office of 2

the Board shall be composed of two divisions: (1) The Franchising and Regulatory 3

Division which shall receive, conduct due diligence, and process franchise 4

applications for Board approval and implement BLTFRB rules and regulations 5

related to franchising; and (2) The Management Information Division which shall 6

provide the Board the data needed to determine routes, standards and safety 7

requirements, fares and related charges, and BLTFRB service fees. For the purpose 8

of receiving franchise applications and conducting due diligence on uncontested 9

routes, the Franchising and Regulatory Division may set up District Desks. 10

11

The Executive Office of the Board shall be headed by an Executive Director II 12

and each of the two divisions shall be headed by a Division Chief. The Executive 13

Director II shall have an immediate support staff who shall also serve as Secretariat 14

to the Board. 15

16

Sec. 20. The Civil Aviation Authority of the Bangsamoro. – Without 17


Civil Aviation Authority of the Bangsamoro (CAAB) shall have the following powers 19

and functions: 20

21

a. Manage, supervise, and control government airports within the 22

Bangsamoro Autonomous Region, except the airside at such airports, 23

where aircraft are controlled and navigational aids and facilities are 24

located, which shall remain under the control and supervision of the 25

National Government; 26

b. Upon close consultation with the Civil Aviation Authority of the 27

Philippines (CAAP), promulgate rules and regulations to promote safety 28

and security in civil aviation in the Bangsamoro Autonomous Region, 29

which shall be consistent with existing law and international regulations 30

and standards; 31

c. Fix and collect reasonable fees and charges for the use of its airports and 32

related facilities under its control and supervision, as well as for its 33

services; 34

d. Recommend to the CAAP the designation and establishment of airways 35

between airports within and outside the Bangsamoro Autonomous Region; 36

e. Monitor private airport operations within the Bangsamoro Autonomous 37

Region and extend technical assistance, upon request; 38

f. Maintain and operate aircraft owned by the Bangsamoro Government; 39

g. Design, construct, maintain, and repair airports in the Bangsamoro 40

Autonomous Region in accordance with national standards set by the 41

CAAP; 42

h. Enforce RA 776 and other air transportation laws, rules, and regulations 43

and, upon observance of due process, impose penalties for violations 44

thereof; provided that, on appeal, the President of the Philippines shall 45

cause the CAAP to review the findings and conclusions of the CAAB and to 46

make recommendations relative thereto; and 47

171

i. Perform such related functions related to civil aviation as may be provided 1

by law or higher authorities. 2

3

Sec. 21. CAAB Organizational Structure. – The CAAB shall be 4

composed of: (a) the Office of the CAAB Director; (b) the Airport Development 5

Division which shall study and recommend airways, plan and implement airports 6

development, and monitor private airport operations; and (c) the Airport Teams. 7

8

Each Airport Team shall be headed by an Airport Manager and shall have 9

three units: (1) The Airport Management Unit, which shall manage the landside 10

operations of the airport; (2) The Security and Intelligence Unit, which shall be 11

responsible for the security of the landside area of the airport and intelligence 12

networking to avert threats to airport security; and (3) The Aerodome Area Unit , 13

which shall be responsible for compiling and analyzing airport statistics, awarding 14

contracts for concessions in airports, and repairing, maintaining, and developing 15

airport facilities. The size and staffing of an Airport Team shall be determined by the 16

Minister of Transportation and Communications based on the volume of passengers 17

and cargo and the number of flights in the airport. 18

19

For the purpose of coordinating and consolidating intelligence gathering, 20

there shall be an Intelligence Officer in the Office of the CAAB Director in addition to 21

the immediate support staff. Similarly, there shall be a Management Information 22

Officer for consolidating and analyzing statistics on passengers, cargo, and aircraft 23

movement. 24

25

An Aircraft Management Division shall be added to the CAAB organizational 26

structure by the Chief Minister upon acquisition of aircraft by the Bangsamoro 27

Government. 28

29

Sec. 22. The Civil Aeronautics Board of the Bangsamoro. – Without 30


Civil Aeronautics Board of the Bangsamoro (CABB) shall have the following powers 32

and functions: 33

34

a. Regulate the activities of air carriers, air freight forwarders, ticket sales 35

agents, and cargo sales agents operating in the BARMM, consistent with 36

existing laws; 37

b. Issue Certificate of Public Convenience to all private commercial airlines 38

and air freight and air cargo companies engaged in the commerce of air 39

transportation in the BARMM; 40

c. Enforce laws, rules and regulations for the preservation and safety of life 41

and limb and the enforcement of the rights of air travelers; 42

d. Determine reasonable fares, rates, and other related charges relative to the 43

operation of air transportation services within the Bangsamoro 44


172

e. Exercise quasi-judicial functions in the enforcement of public service laws 1

on air transportation and CABB rules and regulations and impose lawful 2

fines and penalties after due process; 3

f. Fix and collect reasonable fees for its services; and 4

g. Perform such related functions as may be provided by law or higher 5

authorities. 6

7

Sec. 23. CABB Organizational Structure. - The CABB shall be 8

composed of the Board and its Executive Office. The Board shall be composed of the 9

Minister of Transportation and Communications as Chairperson, the Minister of 10

Trade, Investments, and Tourism as Vice-Chairperson, the Executive Director II who 11

heads the Executive Office, a representative from the airline sector, and a 12

representative from the air freight and cargo sector. The two sector representatives 13

shall be appointed by the Chief Minister for a co-terminus term. 14

15

Sec. 24. Appeal from Board Decisions. – A party with standing may 16

appeal to the Chief Minister any decision, order, or resolution of the CABB within 17


review any Board decision before it becomes final. 19

20

Sec. 25. The Executive Office of the Board. – The Executive Office of 21

the Board shall be composed of three divisions: (1) The Air Carriers Accounting 22

Division which shall receive, conduct due diligence, and process applications for 23

permits from off-line carriers, airfreight forwarders, general/cargo sales agents, and 24

cargo sales/break-bulk agents of airfreight forwarders for Board approval; (2) The 25

Management Information Division which shall provide the Board the data needed to 26

determine standards and safety requirements, fares and related charges, and CABB 27

service fees; and (3) The Passenger Rights Division which shall maintain a Passenger 28

Rights Action Desk in each public airport. For the purpose of receiving applications 29

for permits and conducting due diligence, the Air Carriers Accounting Division may 30

set up District Desks. 31

32

The Executive Office of the Board shall be headed by an Executive Director II 33

and each of the three divisions shall be headed by a Division Chief. The Executive 34

Director II shall have an immediate support staff who shall also serve as Secretariat 35

to the Board. 36

37

Sec. 26. The Bangsamoro Maritime Industry Authority. – Without 38


BMARINA shall have the following powers and functions: 40

41

a. Issue Certificate of Public Convenience (CPC) or Provisional Authority 42

(PA) to vessels home-ported and operating exclusively within the 43


b. Issue Special Permit (SP) to all vessels operating within the Bangsamoro 45


173

c. Issue Special Permit for the temporary utilization of domestic vessels in 1

the Brunei-Darussalam, Indonesia, Malaysia and Philippines-East ASEAN 2

Growth Area (BIMP-EAGA) routes; 3

d. Accredit banca operators whose principal office is located within the 4


e. Register vessels of all tonnages home-ported within the Bangsamoro 6


f. Conduct safety inspection of vessels operating within the jurisdiction of the 8

Bangsamoro Autonomous Region so as to determine compliance with 9

Safety of Life at Sea (SOLAS) and manning requirements; 10

g. Issue Coastwise License, Bay and River License, and Pleasure Yacht 11

License on all domestic vessels home-ported within the Bangsamoro 12


h. Issue Motorboat Operator’s License for operators of vessels weighing three 14

(3) Gross Registered Tonnages (GRT) and below which are home-ported 15

and are operating exclusively within the Bangsamoro Autonomous Region; 16

i. Issue licenses to shipyards within the Bangsamoro Autonomous Region, 17

subject to existing guidelines; 18

j. Issue Domestic Seafarer’s Identification and Record Book (SIRB), subject 19

to existing MARINA rules and regulations; 20

k. Determine reasonable fares, rates, and other related charges relative to the 21

operation of maritime transportation services within the Bangsamoro 22


l. Fix and collect reasonable fees and charges for its services; 24

m. Approve the BMARINA trust fund annual plan and budget for the 25

utilization of its Fifty Percent (50%) share in its revenues remitted to the 26

Bangsamoro Treasury and submit the same for legislative appropriation; 27

and 28

n. Perform such related functions as may be provided by law or higher 29

authorities. 30

31

Sec. 27. BMARINA Organizational Structure. - The BMARINA shall be 32

composed of the Authority and its Executive Office. The Authority shall be composed 33

of the Minister of Transportation and Communications as Chairperson, the 34

BMARINA Administrator, the General Manager of the Bangsamoro Ports 35

Management Authority, and a representative from each of the following: the 36

Philippine Coast Guard, the Ministry of Trade, Industry, and Tourism, the Office of 37

the Chief Minister, and private maritime sector. The private sector representative 38

shall be appointed by the Chief Minister for a co-terminus term. 39

40

Sec. 28. Appeal from Authority Decisions. – A party with standing may 41

appeal to the Chief Minister any decision, order, or resolution of the Authority within 42


review any decision of the Authority before it becomes final. 44

45

Sec. 29. The Executive Office of the Authority. – The Executive Office 46

of the Authority shall be composed of the Office of the BMARINA Administrator and 47

the following divisions: (1) The Registration Division, which shall: receive, conduct 48

174

due diligence, and process applications for the licensing, registration, accreditation, 1

and certification of vessels and operators, as well as maritime-related services and 2

suppliers of required onboard equipment; maintain and update the BARMM Register 3

of Ships; and register onboard books of vessels operating in the Bangsamoro 4

Autonomous Region; (2) The Ship Safety Certification Division, which shall 5

determine compliance of vessels and shipping companies operating in the 6

Bangsamoro Autonomous Region with maritime safety rules and regulations and 7

relevant laws, standards, code, and conventions, as well as safety management 8

systems; and (3) The Ship Retirement Division, which shall handle the retirement of 9

ships and their deletion from the BARMM Registry of Ships and the issuance of 10

export clearance for the sale of a BARMM-registered to a foreign national. 11

12

The Executive Office of the Authority shall be headed by the BMARINA 13

Administrator. Each division shall be headed by a Division Chief. 14

15

The Registration Division and the Ship Safety Certification Division shall have 16

provincial offices. The size and staffing of these provincial offices shall be 17

determined, based on the workload, by the Minister of Transportation and 18

Communications every three (3) years, subject to the approval of the Cabinet. 19

20

Sec. 30. The Bangsamoro Ports Management Authority. – The 21

Bangsamoro Ports Management Authority (BPMA) shall be composed of the 22

Governing Board and its Executive Office. The Governing Board shall be composed 23

of the Minister of Transportation and Communications as Chairperson; the BPMA 24

General Manager; the BMARINA Administrator; the Minister of Finance, and Budget 25

and Management; the Minister of Trade, Investments, and Tourism; the Minister of 26

Agriculture, Fisheries, and Agrarian Reform; the Minister of Public Works; the 27

Minister of Environment, Natural Resources, and Energy; the Director-General of 28

the Bangsamoro Planning and Development Authority ; and a private sector 29

representative who shall be appointed by the Chief Minister for a co-terminus term. 30

31

Sec. 31. Powers and Functions of the BPMA. - In pursuing its mandate 32

to align all port facilities in the Bangsamoro Autonomous Region as vibrant links in 33

the nation’s overall Maritime Transport Chain, the BPMA as a whole shall have the 34


36

a. Manage all public ports in the Bangsamoro Autonomous Region, including 37

those in special economic zones; 38

b. Prescribe rules and regulations, procedures, and guidelines governing the 39

establishment, construction, maintenance, and operation of private ports 40

in the BARMM; 41

c. Regulate construction within a Port District; 42

d. Provide services (whether on its own or by contract) within the Port 43

District and the approaches thereof, including but not limited to: berthing, 44

towing, mooring, moving, slipping, or docking any vessel, loading or 45

175

discharging any vessel; sorting, weighing, measuring, warehousing, or 1

otherwise, handling goods; 2

e. Exercise control over foreshore rights or leases vested in the BPMA; 3

f. Control, regulate, and supervise pilotage and the conduct of pilots in any 4

port in the BARMM; 5

g. Exercise police powers vested in the BPMA; 6

h. Collect fees and charges for the use of the premises, works, appliances, 7

facilities, or for services provided by or belonging to the BPMA or BPMA 8

contractors; and 9

i. Generally, exercise the powers of a corporation under the Corporation Law 10

in so far as they are not inconsistent with the provisions of the 11

Bangsamoro Organic Law, this Administrative Code, and other laws 12

passed by Parliament. 13

14

Sec. 32. Powers and Functions of the BPMA Governing Board. - 15

The BPMA Governing Board shall have the following powers and functions: 16

17

a. Prescribe guidelines, rules, and regulations governing the establishment 18

and management of ports and the use of lands and properties within Port 19

Districts, as well as the exercise of eminent domain; 20

b. Prescribe fees and charges to be collected by the BPMA; 21

c. Approve the BPMA trust fund annual plan and budget for the utilization of 22

its Forty Percent (40%) share in its revenues remitted to the Bangsamoro 23

Treasury and submit the same for legislative appropriation; 24

d. Awards major contracts, such as for major construction and arrastre 25

services; 26

e. Authorize the Chairperson or the General Manager to enter into contracts; 27

f. Evaluate the performance of the BPMA Executive Office; and 28

g. Formulate the strategic plan of the BPMA. 29

30

Sec. 33. BPMA Executive Organizational Structure. – The executive 31

function of the BPMA shall be lodged in the Office of the General Manager; the Port 32

Management Offices; the Terminal Management Offices; and the following staff 33

support services: (1) The Ports Development Service, which shall identify ports for 34

development, assess their feasibility, prepare the acquisition and development plans, 35

and monitor port establishment; (2) The Security and Intelligence Service, which 36

shall formulate guidelines, systems, and procedures on port security and evaluate 37

port security plans and their implementation; (3) The Management Information 38

Service, which shall provide the Governing Board the data needed to formulate 39

guidelines, rules, and regulations, as well as to prescribe fares and charges and port 40

service fees; consolidate statistics on port operations, including volume of passengers 41

and cargo and ship movement and specifications; and act as the monitoring arm of 42

the General Manager; and (4) The Engineering Service, which shall handle the repair 43

and expansion of port facilities and other public works in the Port District and advise 44

the General Manager in the procurement of port equipment. 45

46

The General Manager shall have an immediate support staff who shall also act 47

as Secretariat to the Governing Board. Aside from supervising the staff support 48

176

services, the General Manager shall also supervise the Port Managers and Sub-Port 1

Managers. 2

3

Sec. 34. Port Management Offices and Sub-Port Management 4

Offices. – Port Management Offices shall be established in all major ports in the 5

BARMM while Sub-Port Management Offices shall be established in out-ports, 6

feeder ports, and municipal ports, wherever practicable. 7

8

The Port Management Office, headed by the Port Manager, shall be composed 9

of the following units: (1) The Facility Management Unit, headed by the Harbor 10

Master, which shall direct the movement of people and cargo in the port, maintain 11

port facilities, and award concessions in ports; and (2) The Port Security Unit, which 12

shall be in charge of regulating entry to and exit from the Port District, ensuring the 13

safety of passengers, workers, and cargo while they are in the port, and protecting 14

port facilities from human-caused harm. 15

16

The Sub-Port Management Office shall be similarly structured as the Port 17

Management Office but at a smaller scale. The Sub-Port Manager shall act as Harbor 18

Master. 19

20

The size and staffing of Port Management Offices and Sub-Port Management 21

Offices shall be determined, based on the volume of passengers and cargo and the 22

number and tonnage of ships docking, by the Minister of Transportation and 23

Communications every three (3) years, subject to the approval of the Cabinet. 24

25

Sec. 35. The Bangsamoro Telecommunications Commission. – The 26

Bangsamoro Telecommunications Commission (BTC) shall be composed of the 27

Commission and its Executive Office. The Commission shall be composed of 28

Commissioner and two (2) Deputy Commissioners, all of whom shall be appointed by 29

the Chief Minister for a six-year term. One Deputy Commissioner shall be a lawyer 30

while the other one shall be an electronics engineer. 31

32

Sec. 36. Powers and Functions of the Commission. – The 33

Bangsamoro Telecommunications Commission, en banc, shall exercise the following 34


36

a. Exercise regulatory and quasi-judicial functions as an attached agency 37

under the Ministry of Transportation and Communications and prescribe 38

guidelines, rules, and regulations covering the exercise of those functions; 39

b. Issue Certificate of Public Convenience (CPC) for the operation of 40

communication utilities and services, radio communication systems, wire 41

or wireless telephone or telegraph systems, radio and television 42

broadcasting systems, and other similar public utilities in the Bangsamoro 43


45

177

c. Prescribe and regulate areas of operation of particular operators of public 1

service communications within the Bangsamoro Autonomous Region, and 2

determine and prescribe pertinent charges or rates except when already 3

established by law or convention; 4

d. Grant permit for the use of radio frequencies, in proper coordination with 5

the National Telecommunications Commission, for wireless telephone and 6

telegraph systems and radio communication systems including amateur 7

radio stations and radio and television broadcasting systems in the 8

Bangsamoro Autonomous Region, in accordance with national laws; 9

e. Administer the examination and licensing of radio operators in the 10


f. Fix reasonable fees and charges for BTC services; 12

g. Approve the BTC trust fund annual plan and budget utilizing its Forty 13

Percent (40%) share in its revenues remitted to the Office of the Regional 14

Treasurer and submit the same to the Minister of Transportation and 15

Communications for indorsement for legislative appropriation; and 16

h. Perform such related functions as may be prescribed by law. 17

18

Sec. 37. Appeal from Commission Decisions. – A party with standing 19

may appeal to the Chief Minister any decision, order, or resolution of the 20

Commission within thirty (30) days from receipt thereof. Even without an appeal, 21

the Chief Minister may review any Commission decision before it becomes final. 22

23

Sec. 38. The Executive Office of the Commission. – The Executive 24

Office of the BTC shall be composed of the Office of the Commissioner, the Provincial 25

Coordinating Offices, and the following divisions: (1) The Regulation Division, which 26

shall receive, conduct due diligence, and process applications for Certificates of 27

Convenience, permits to use radio frequencies, licenses for Commission approval; (2) 28

The Enforcement and Operations Division, which shall inspect all 29

telecommunication and broadcast facilities, including cable television systems and 30

other forms of radio services, and enforce laws against illegal possession, ownership, 31

or operation, as well as failure to comply with technical regulations and standards; 32

and (3) The Spectrum Planning and Management Division, which shall study 33

spectrum demand in the Bangsamoro Autonomous Region and request, if needed, or 34

assign specific frequencies. The Executive Office shall be headed by the 35

Commissioner who shall be assisted by the BTC Director and an immediate support 36

staff. Each Division shall be headed by a Division Chief. 37

38

The Provincial Coordinating Office shall assist the Regulation Division and the 39

Enforcement and Operations Division in the performance of their functions. The size 40

and staffing of the Provincial Coordinating Offices shall be determined, based on 41

workload, by the Minister of Transportation and Communications every three (3) 42

years, subject to the approval of the Cabinet. 43

44



178





5

179

TITLE XVI 1

BANGSAMORO COMMISSIONS 2

3

4

Chapter 1 5

Bangsamoro Women Commission 6

Sec. 1. The Bangsamoro Women Commission. – Pursuant to 7

Bangsamoro Autonomy Act No. 8, the Bangsamoro Women Commission (BWC) is an 8

attached agency of the Office of the Chief Minister. 9

10

The BWC shall promote, protect, and uphold women’s rights as human rights, 11

work for the elimination of all forms of discrimination against women, ensure that 12

legal measures are taken to promote gender justice, women’s rights and welfare, and 13

promote gender and development including the meaningful participation of women 14

in all levels of governance, policy and decision-making.2 4 2 15

16

It shall be the primary policy-making, coordinating, and monitoring body of 17

women, gender and development in the Bangsamoro Autonomous Region. 18

19

Sec. 2. Organizational Structure – The organizational structure of the 20

BWC shall be consistent with the provisions of Bangsamoro Autonomy Act (BAA) 21

No. 8. 22

23

Sec. 3. Powers and Functions of the BWC. — The powers and functions 24

of the BWC are those provided for under Sections 8 and 9, Title II of BAA No. 8. 25

26

27

Chapter 2 28

Bangsamoro Youth Commission 29

30

Sec. 4. The Bangsamoro Youth Commission. - Pursuant to 31

Bangsamoro Autonomy Act No. 10, the Bangsamoro Youth Commission (BYC) is an 32

attached agency of the Office of the Chief Minister. 33

34

The BYC shall be the primary policy-making and coordinating body of the 35

Bangsamoro Government in all matters affecting the youth. It shall ensure 36

compliance therewith by all ministries, agencies, offices, and other instrumentalities 37

of the Bangsamoro Government that are mandated to implement programs, projects, 38

and activities affecting the youth of the Bangsamoro Autonomous Region.2 4 3 39


BYC shall be consistent with the provisions of Bangsamoro Autonomy Act No. 10. 41

Sec. 6. Powers and Functions of the BYC. — The powers and functions 42

of the BYC are those provided for under Sections 7 and 8, Title I of BAA No. 10. 43

44

242

Sec. 4, Title I of BAA No. 8 243

See Sec. 6, Title I of BAA No. 10

180

1

Chapter 3 2

Bangsamoro Sports Commission 3

(subject of a pending Cabinet bill) 4

Sec. 7. The Bangsamoro Sports Commission. – The Bangsamoro 5

Sports Commission hereinafter referred to as “BSC” is hereby created pursuant to 6

Section 20, Article IX of the Bangsamoro Organic Law. It shall formulate policy, 7

promote, regulate, coordinate, and implement programs for sports. It shall also 8

provide for system, support and assistance in the development of sports. 9

Sec. 8. Organizational Structure – The BSC shall have the following 10

organizational structure: (a) Commission Proper; (b) Office of the Chairperson; (c) 11

Office of the Secretariat; (d) Policy, Research, and Development Division; (e) 12

Regulatory, Promotion, and Coordination Division; and (f) Finance and 13

Administrative Division. 14

Sec. 9. Powers and Functions of the BSC. — The BSC shall have the 15


17

(a) To formulate policy on sports by: 18

19

1. conducting research that seeks to develop sports policies, promote, 20

uphold, and protect the welfare and rights of sportsman; 21

2. recommending sports policies for legislations by the Parliament; 22

3. recommending sports polices for appropriate action to the Bangsamoro 23

Government; 24

4. piloting special programs for the development of sports in the 25

Bangsamoro; 26

5. preparing the Bangsamoro Sports and Development Plan with the 27

participation of relevant ministries, agencies, offices and other 28

stakeholders; 29

6. undertaking basic and applied research on sports development 30

including the promotion and preservation of indigenous sports; 31

7. developing researching on sports as a vehicle for peace; and 32

8. undertaking research in making sports as instrument to fight against 33

criminalities, drugs, and violent extremism; 34

35

(b) To coordinate and promote sports by: 36

37

1. coordinating and maintaining linkages with the Philippine Sports 38

Commission, National Sports Commission or organizations of other 39

countries, and other non-governmental organizations, local or foreign, 40

whose main objective is sports promotion and development 41

2. closely working with and coordinate with the Bangsamoro Planning 42

and Development Authority to generate sports data in furtherance of 43

evidence- based policies for the welfare of sportsman; 44

3. engaging youth, out-of-school youth, marginalized children, persons 45

with disability, and other vulnerable sectors to develop their potential 46

in sports; 47

181

4. working with law enforcement agencies, Shari’ah and regular courts, 1

and other institutions and stakeholders to address sports issues; 2

5. convening a Sports Advisory Council composed of representatives of all 3

sports stakeholders both from public and private sectors; 4

6. assisting in the establishment of regional, provincial, municipal and 5

barangay or school district sports promotion and development 6

councils, which shall initiate, conduct and coordinate sports activities 7

in their respective jurisdictions; 8

7. assisting the local government units in promoting sports at the 9

community level, especially those included in the calendar of events of 10

regional, national and international competitions; 11

8. providing technical assistance and capacity building; 12

9. participating in the reporting to international bodies tasked to monitor 13

implementation of sports programs; 14

10. providing such incentives, recognition and awards to deserving athletes 15

and other persons and entities involved in or supporting sports 16

development as may be permissible under the rules of amateurism; 17

11. referring specific cases of sportsman needing assistance and 18

interventions to Bangsamoro Government agencies, national 19

government agencies and other stakeholders; and 20

12. establish and maintain fully-equipped sports facilities and centers in 21

strategic places in the area of autonomy and supervise the management 22

and maintenance thereof; 23

24

(c) To exercise regulatory power such as: 25

26

1. imposition sanctions upon any regional sports association, institution, 27

association, body, entity, and team including athletes and sports official 28

for violation of its policies, rules and regulations; 29

2. accreditation sports club and people’s organizations operating in the 30

Bangsamoro engaged in the protection and promotion of sports; 31

3. acquisition, procurement, distribution and use of sportswear, 32

equipment, instruments, tools and other sports necessities necessary 33

and required for training of regional pool of athletes; 34

4. defining and delineating areas of responsibilities in different sports 35

competition of all sectors involved in sports promotion and 36

development; and 37

5. monitoring, assessing and ensuring compliance of Bangsamoro 38

Government agencies with the issued guidelines and implementation of 39

their sports programs. For this purpose, the BSC may require all 40

ministries, agencies and offices of the Bangsamoro Government to 41

submit their sports plan and budget as well as regular reports on the 42

status of implementation and utilization thereof; 43

44

(d) To enter into contract in relation to their mandates; 45

(e) To acquire, possess, and dispose of real and personal properties in 46

furtherance of its mandates; 47

(f) Solicit and accept grants, aid, donations and gift, in cash or in kind, or 48

enter into agreements with any legitimate entity, local or foreign, 49

consistent with its mandate; 50

182

(g) To acquire, use and control any land, building, facilities, equipment, 1

instruments, tools and rights required or otherwise necessary for the 2

accomplishment of the purposes of the BSC; 3

(h) ensure the implementation by various government departments and 4

agencies of their sports promotion and development programs as indicated 5

in their respective budgets; 6

(i) perform administrative functions, particularly: 7

8

1. implement its organizational structure and staffing pattern; 9

2. conduct performance audit over its personnel; 10

3. adopt: 11

12

i. an annual budget for the approval of the Parliament; 13

ii. strategic plans taking into account its context for purposes of 14

setting its priorities and for the proper allocation of its financial 15

and human resources; 16

iii. programs, activities, projects, services, and initiatives pursuant to 17

its mandate, powers, and functions; iv. communications and 18

information plans; v. monitoring and evaluation mechanisms; 19

iv. internal rules and manual of operations; and vii. seal and logo. 20

21

(j) The BSC may perform any and all other acts incidental to delivery of its 22

mandate. 23

24

Sec. 10. Relationship with the Ministry of Basic, Higher, and 25

Technical Education. – The Commission and its priority programs and projects 26

shall be implemented in the Bangsamoro Autonomous Region, without prejudice to 27

the Ministry of Basic, Higher, and Technical Education (MBHTE) on sports matters 28

within its jurisdiction covering schools in the region. The MBHTE may call upon the 29

Commission to provide technical assistance on matters pertaining to physical 30

education and sports development. Upon request of the Commission, all government 31

agencies with functions relative to the approval of the projects of the Commission or 32

its duly authorized and endorsed entities, whether government or private, shall act 33

upon and resolve the matter within ten (10) calendar days. Toward this end, the 34

Chairperson, with the approval of the Chief Minister, may establish an interagency 35

secretariat for the purpose of expediting the approval of said projects. 36

37

38

Chapter 4 39

Bangsamoro Commission on the Preservation of Cultural Heritage 40

Sec. 11. Bangsamoro Commission on the Preservation of Cultural 41

Heritage. – The Bangsamoro Commission on the Preservation of Cultural Heritage 42

(BCPCH) is hereby created, composed of a Chairperson and two (2) Commissioners. 43

It shall have the same status as the other agencies or offices of the Bangsamoro 44

Government attached to the Office of the Chief Minister. 45

Sec. 12. Mandate. – Pursuant to the Bangsamoro Organic Law, the 46

BCPCH shall have the primary responsibility to write the history of the Bangsamoro 47

people and to establish and sustain the cultural institutions, programs, and projects 48

183

in the Bangsamoro Autonomous Region. The Commission shall coordinate and work 1

closely with the National Commission for Culture and the Arts, National Historical 2

Commission of the Philippines, National Museum of the Philippines, and other 3

concerned cultural agencies for the preservation of cultural heritage, shall establish 4

libraries and museums, declare and restore historical shrines and cultural sites to 5

preserve the Bangsamoro heritage for posterity. The Commission shall ensure the 6

inclusion of Philippine history, culture and heritage in the establishment of museums 7

and similar institutions, programs and projects to foster unity among the 8

Filipinos.2 4 4 9

Sec. 13. Management of Bangsamoro Historical and Cultural 10

Sites. - The National Government shall transfer the management of Bangsamoro 11

historical and cultural sites currently under the jurisdiction of the National Museum 12

of the Philippines, National Historical Commission of the Philippines, and other 13

agencies of the National Government to the BCPCH through intergovernmental 14

relations mechanisms. The BCPCH shall coordinate with relevant agencies of the 15

National Government on the regulation, excavation, and preservation of cultural 16

artifacts and on the recovery of lost historical and cultural heritage.2 4 5 17

Sec. 14. Functions of the BCPCH. – To conserve and promote the 18

Bangsamoro’s historical and cultural heritage, the BCPCH shall have the following 19

functions: 20

a. Support, monitor and systematize the retrieval and conservation of 21

artifacts of Bangsamoro culture and history and all Bangsamoro cultural 22

treasures from all over the Bangsamoro Autonomous Region and the 23

Philippine Archipelago; 24

b. Encourage and support the study, recognition and preservation of 25

endangered human cultural resources such as weavers, chanters, dancers, 26

and other craftsmen as well as the conservation and development of 27

artistic, linguistic and occupational skills that are threatened with 28

extinction; 29

c. Support and promote the establishment and preservation of cultural and 30

historical monuments, markers, names and sites; 31

d. Encourage and support the establishment and/or maintenance all over the 32

Bangsamoro Autonomous Region of museums, libraries, archives, private 33

or public, as repositories, respectively of all cultural/historical artifacts and 34

artistic creation, printed works, archival records and all other materials 35

indispensable to the study and evaluation of Bangsamoro culture and 36

history; 37

e. Encourage the private sector to establish and maintain private museums 38

and libraries; 39

f. Encourage and support scholarly research into and documentation of 40

Bangsamoro cultural traditions, arts and crafts, as well as significant 41

cultural movements, achievements and personalities especially in the 42

244



184

literary, visual and performing arts; and in mass media, as well as the 1

various aspects of Bangsamoro culture; 2

g. Encourage and support the writing of history from the Bangsamoro 3

perspective; and 4

h. Ensure that standards of excellence are pursued in programs and activities 5

implementing policies herein stated, it shall encourage and support 6

continuing discussion and debate, through symposia, workshops, 7

publications, etc., on the highest norms available in the matrix of 8

Bangsamoro culture.2 4 6 9

10

Sec. 15. Composition and Terms of Office. – The Commission en banc 11

shall be composed of a Chairperson and two (2) Commissioners, all of whom shall be 12

appointed by the Chief Minister. 13

14

The terms of office of the Chairperson and the two (2) Commissioners shall be 15

co-terminus with the appointing Chief Minister: Provided, however, That they shall 16

remain in office until their replacements shall have been appointed or an Officer-in-17

Charge has been designated. 18

19

Sec. 16. Qualifications of the Chairperson and the 20

Commissioners. – The Chairperson and the Commissioners must be citizens of 21

the Philippines, residents of the Bangsamoro Autonomous Region, holders of a 22

college degree, have at least three (3) years of supervisory or managerial experience, 23

and of good moral character. 24

25

Sec. 17. The Executive Director, Functions Term of Office. - There 26

shall be an Executive Director, appointed by the Chief Minister, who shall be 27

responsible for implementing the policies, rules, regulations and directives of the 28

BCPCH and shall direct and supervise its day-to-day operation. The Executive 29

Director shall have supervision and control over the Coordination and Support 30

Services Division, and Administrative and Finance Division. 31

32

The specific functions of the Executive Director are as follows: 33

a. Execute the policies and measures approved by the Commission en banc 34

and be responsible for the efficient and effective day -to-day management 35

of the operations of the BCPCH. 36

b. Prepare the annual budget for the operations of BCPCH for submission to 37

the Commission en banc; 38

c. Prepare an annual report on the accomplishments of BCPCH for 39

submission to the Commission en banc, the Parliament and other 40

appropriate agencies of the Bangsamoro Government; 41

d. Perform such other duties as may be assigned to him by the Commission 42

en banc. 43

The Executive Director shall serve for a fixed term of four (4) years, subject to 44

reappointment. 45

246

Derived from RA No. 7356

185

Sec. 18. Qualifications of Executive Director. – No person shall be 1

appointed as Executive Director of the Commission unless a citizen of the 2

Philippines, a resident of the Bangsamoro autonomous region, at least 30 years of 3

age, of good moral character a college graduate, and has at least three (3) years of 4

relevant experience in any of the following fields: law; economics; public 5

administration, commerce; management; social services; or finance. 6

7

186

TITLE XVII 1

OTHER COMMISSIONS AND BODIES 2

3

4

Chapter 1 5

Bangsamoro Human Rights Commission 6

Sec. 1. The Bangsamoro Human Rights Commission. – Pursuant to 7

Bangsamoro Autonomy Act No. 4, the Bangsamoro Human Rights Commission 8

(BHRC) shall be the human rights institution in the Bangsamoro Government. As 9

such, it shall promote and protect human rights and, during armed conflict, uphold 10

international humanitarian law.2 4 7 11

12

The BHRC’s independence as an institution is guaranteed. It shall not be 13

subject to interference, directly or indirectly, from any government or private 14

entity.2 4 8 15

16


BHRC shall be consistent with the provisions of Bangsamoro Autonomy Act No. 4. 18

19

Sec. 3. Powers and Functions of the BHRC. — The powers and 20

functions of the BHRC are those provided for under Section 27, Article IV of BAA No. 21

4. 22

23

24

Chapter 2 25

Bangsamoro Internal Auditing Body 26

Sec. 4. Bangsamoro Internal Auditing Body. – The Bangsamoro 27

Internal Auditing Body (BIAB) is hereby created, to be headed by a Director III 28

assisted by support staff. 29

The BIAB’s independence as an institution is guaranteed. It shall not be 30

subject to interference, directly or indirectly, from any government or private 31

entity.2 4 9 32

Sec. 5. Mandate. –Pursuant to Section 2, Article XII of the Bangsamoro 33

Organic Law, the BIAB is established as an auditing body which shall have internal 34

auditing responsibility in accordance with Republic Act No. 3456, otherwise known 35

as the " Internal Auditing Act of 1992," as amended. The Bangsamoro Government 36

shall implement transparency and accountability mechanisms consistent with open 37

government practices and generally accepted financial management principles. 38

Sec. 6. Powers and Functions. – The Bangsamoro Internal Auditing Body 39


247

Sec. 10, Title A, Article III of BAA No. 4 248

Sec. 11, Title A, Article III of BAA No. 4 249

Derived from Sec. 11, Title A, Article III of BAA No. 4

187

a. Conduct management and operations performance audit of the 1

Bangsamoro Government activities and units and determine the degree of 2

compliance with established objectives, policies, methods and procedures, 3

government regulations, and contractual obligations of the Bangsamoro 4

Government;2 5 0 5

b. Review and evaluate the soundness, adequacy, and application of 6

accounting, financial, and other operating controls in the Bangsamoro 7

Government, and promote the most effective control at reasonable cost;2 5 1 8

c. Review and appraise systems and procedures, organizational structures, 9

asset management practices, financial and management records, reports, 10

and performance standards of the Bangsamoro Government; 11

d. Analyze and evaluate management deficiencies and assist the Bangsamoro 12

Government by recommending realistic courses of action; 13

e. Consult with relevant stakeholders of the Bangsamoro Government to 14

ascertain the reliability and integrity of operation information reports 15

submitted by the respective Internal Audit Divisions or Offices of BARMM 16

Ministries/Offices/Agencies; 17

f. Maintain constructive cooperation with the Commission on Audit, which 18

has constitutional mandate to perform audit functions; and 19

g. Perform such other related duties and responsibilities as may be assigned 20

or delegated by the Bangsamoro Government, through the Chief Minister, 21

or as may be required by law. 22

Sec. 7. Organizational Structure. – The BIAB is composed of the Office 23

of the Internal Auditor with the rank of Director III, as Head of Office, with two (2) 24

divisions, which are: (a) the Operations Audit Division; and (b) the Management 25

Audit Division, each headed by Division Chiefs. 26

Sec. 8. Qualifications. – No person shall be appointed to the position of 27

Director III in the Office of the Internal Auditor unless he/she is a resident and 28

registered voter of the Bangsamoro Autonomous Region for at least three (3) years 29

prior to appointment, at least 30 years of age, a Certified Public Accountant or a 30

regular member of the Philippine Bar or possesses a Master’s degree in Business 31

Administration or Public Administration or Islamic Studies, with appropriate civil 32

service eligibility, with at least five (5) years supervisory experience in audit 33

operations and related works, and of proven honesty and integrity . 34

Sec. 9. Appointment. – The Director III shall be appointed by the Chief 35

Minister under co-terminus status. However, the BIAB shall maintain a level of 36

organizational independence to fulfill its responsibilities objectively. 37

250

Administrative Code of 1987 as adopted in DBM Circular Letter 2008 -5, s. 2008 251

Administrative Order No. 278, s. 1992

188

Sec. 10. Relationship with Internal Auditors of BARMM 1

Instrumentalities and Parliament. –The Resident Internal Auditors of the 2

BARMM Instrumentalities and Parliament shall submit their monthly audit reports 3

to the BIAB every tenth day of the succeeding month for consolidation. They shall 4

observe the Bangsamoro Internal Audit Charter and Standards to be developed by 5

the BIAB for uniform application among all ministries, agencies, and offices, 6

including the Parliament. For such purpose, the BIAB shall engage with the Resident 7

Internal Auditors regularly to maintain a reporting relationship that is both 8

substantive and communicative. 9

Sec. 11. Quarterly and Annual Reports. – For administrative purposes, 10

the BIAB shall report directly to the Chief Minister. The BIAB shall submit quarterly 11

and annual reports to the Chief Minister and the Speaker of the Bangsamoro 12

Parliament on the findings of the region-wide internal audit.2 5 2 13

14

15

252

Derived from Sec. 9, Chapter 1, Title XVII of MMA Act 287

189

TITLE XVIII 1

ADMINISTRATIVE SERVICES 2

3

4

Chapter 1 5

Human Resource Development And Management 6

7

Sec. 1. Recruitment. - The recruitment of employees for appointment in the 8

career and non-career positions in all agencies and offices of the Bangsamoro 9

Government shall be open to all qualified men and women according to the principle 10

of merit, fitness and equality and shall be in accordance with existing Civil Service 11

rules and regulations. 12

13

All BARMM ministries, agencies and offices shall promulgate their respective 14

Merit Selection Plan (MSP) which shall embody the procedures, scope, and manner 15

in determining the qualified applicant or candidate for appointment to first and 16

second level positions in the career service. 17

18

It shall be guided by the following general policies: 19

20

a. There shall be equal opportunity for men and women at all levels of 21

positions in the BARMM bureaucracy, provided they meet the 22

minimum requirements of the position; 23

b. There shall be no discrimination in the selection of employees on 24

account of his/her gender, civil status, disability, religion, ethnicity or 25

political affiliation; 26

c. An applicant for employment in the first, second and third level 27

position, who is competent, qualified, and possesses the appropriate 28

civil service eligibility shall be considered for permanent appointment; 29

d. All candidates for appointment to first and second level positions in the 30

line departments, agencies and offices shall be screened by the 31

Personnel Selection Board (PSB) of the respective agency which shall 32

be created by the agency or office in accordance with existing Civil 33

Service law, rules and guidelines; 34

e. The comparative competence and qualification of candidates for 35

appointment shall be determined on the basis of: 36

37

i. Education and Training; 38

ii. Experience and Outstanding Accomplishments; 39

iii. Psycho-social Attributes and Personality Traits; and 40

iv. Potential 41

42

f. The appointing authority shall assess the merits of the PSB’s 43

recommendation for appointment and in the exercise of sound 44

discretion, select, in so far as practicable, from among the top five 45

ranking applicants deemed most qualified for appointment to the 46

vacant position; and 47

190

g. The ministry/office/agency shall submit through the Office of the Chief 1

Minister, its proposed Merit Selection Plan to the Civil Service 2

Commission for approval. 3

However, recruitment and appointment of officials to third level positions 4

shall be governed by pertinent provisions as provided for in the qualifications set 5

forth in their respective ministries, agencies, commissions or offices. In addition, 6

applicants to said third level positions must possess executive and managerial 7

competence. 8

9

Sec. 2. Procedure. - The pertinent provisions of the CSC’s Omnibus Rules 10

on Appointments and Other Human Resource Actions shall be observed. 11

12

Sec. 3. Publication. - The Bangsamoro ministries, agencies, and offices 13

shall publish the vacant positions authorized to be filled and their corresponding 14

qualification standards and plantilla item numbers in the CSC Bulletin of Vacant 15

Positions in the Government in the CSC Website, the Bangsamoro Job Portal and/or 16

through other modes of publication. 17

18

The same shall likewise be posted in three (3) conspicuous places within the 19

Bangsamoro Autonomous Region for at least ten (10) calendar days. 20

21

Publication of a vacant position shall be valid until filled but not to exceed 22

beyond nine (9) months reckoned from the date the vacant position was published. 23

Should no appointment be issued within the 9-month period, the Bangsamoro 24

Government has to cause the republication and reposting of the vacant position. 25

26

Sec. 4. Exemptions. - The following positions are exempt from the 27

publication requirement.2 5 3 : 28

29

a. Primarily confidential; 30

b. Policy determining; 31

c. Highly technical; 32

d. Co-terminus with that of the appointing authority/officer including other 33

non-career positions such as contractual and casual identified under Sec. 34

9, Subtitle A, Title I, Book V of EO 292; 35

e. Reappointment (change of status to permanent) of those appointed on 36

temporary status for Category II positions under CSC MC No. 11, s. 1996, 37

as amended; or 38

f. Those to be filled by the existing regular employees in the agency in case 39

of reorganization/rationalization; provided, the approved staffing 40

pattern is posted in the agency bulletin boards and other conspicuous 41

places in its offices. 42

43

Sec. 5. Basis for Evaluation. - The selection line up shall reflect the 44

comparative competence and qualification of candidates on the basis of: 45

46

a. Education (30%) – include educational background which must be 47

relevant to the duties of the position to be filled. 48

253

Sec. 26, ORA OHRA

191

b. Training (10%) – include successful completion of accredited training 1

courses which must be relevant to the duties of the position to be filled. 2

c. Experience (20%) – include occupational history, relevant work experience 3

acquired either from the government or the private sector, and 4

accomplishments worthy of special commendation. 5

d. Competency (Examination (10%), Interview (10%) and Moral Values 6

(20%) ) (40%) – refers to the measurable or observable knowledge, skills, 7

abilities, and behaviors of employees or staff critical to specific desired 8

outcomes defined in every position/item commonly known as successful 9

job performance. This is coupled by the commitment of the personnel to 10

perform and to act in a wide variety of situations. Examination and 11

interview shall be mandatory for positions with Salary Grade 10 and above. 12

13

Sec. 6. Placement to Entry Positions. 14

15

a. The Bangsamoro Job Portal shall serve as the main platform for accepting 16

job applications for placement to vacant positions. 17

b. Job applications submitted personally to the ministries and offices must be 18

processed and uploaded to the Bangsamoro Job Portal. For this purpose, a 19

Bangsamoro Job Portal Help Desk must be setup by the respective 20

ministries and offices to assist the prospective applicants. 21

c. Job applications and documents that are not registered and uploaded to 22

the Bangsamoro Job Portal may still be considered. 23

d. Each Ministry, Office, or Agency shall have their respective Recruitment, 24

Selection and Placement Board (RSPB) which shall deliberate the 25

positions, and screen applications. 26

e. A representative from the Office of the Chief Minister shall sit in the RSPB 27

of the respective ministries and offices. 28

f. The RSPB at the level of the ministries, offices and agencies shall 29

deliberate all positions and screening applications regardless of Salary 30

Grade; however, for positions with Salary Grade 25, the ministries, offices 31

and agencies shall submit the top (5) candidates to the Chief Minister for 32

final review, selection and appointment. 33

g. The duly constituted RSPB/Committee shall, thereafter: 34

35

i. Notify all applicants of the outcome of the preliminary 36

evaluation; 37

ii. Submit the selection line up to the RSPB/Committee for 38

deliberation en banc; 39

iii. The RSPB/Committee en banc shall then make a systematic 40

assessment of the competence and qualifications of candidates 41

for appointment to the corresponding level of positions; 42

iv. Evaluate and deliberate en banc the qualification of those listed 43

in the selection line up, and submit the list of candidates 44

recommended for appointment, specifying the highest five (5) 45

qualified candidates whose over-all point scores are comparably 46

at par, from which the appointing authority shall choose the 47

applicant to be appointed. 48

49

192

h. The Appointing Authority shall assess the merit of the 1

RSPB/Committee’s recommendee for appointment and in the exercise 2

of sound discretion, select, in so far as practicable, from among the top 3

five (5) ranking applicants deemed most qualified for appointment to 4

the vacant position. 5

i. The Appointing Authority shall issue appointments in accordance with 6

the provisions of these Code. 7

j. The RSPB/Committee shall post a notice announcing the appointment 8

of an employee in three (3) conspicuous places in the Bangsamoro 9

Government Center a day after the issuance of the appointment for at 10

least fifteen (15) days. 11

12

Sec. 7. Filling-up of Positions. - In addition, the following reminders and 13

guidelines are hereby provided in filling up of positions in the Agency’s Staffing 14

Pattern: 15

16

a. The appointing authority shall designate competent and qualified 17

personnel to serve as members of the RSPB/Committee only in cases when 18

there are no appointed/designated personnel holding positions identified 19

to be members of the RSPB as suggested in the 2017 ORAOHRA; and 20

b. In the event that an RSPB/Committee member is also a candidate for a 21

specific vacant position, the appointing authority shall designate another 22

competent member to replace the concerned member during the 23

deliberations of the specific position. 24

25

Sec. 8. Services to be Outsourced. - In lieu of filling up vacant items, 26

certain services may be outsourced on a need basis, through the hiring of 27

consultants/job order/contract of service personnel, where no employer-employee 28

relationship exists, subject to the availability of funds for MOOE, and provided it is 29

consistent with the following: 30

31

a. Services/areas, which can be outsourced are limited to utility, building and 32

grounds maintenance, messengerial, security, transportation/ mobility, 33

and information technology; and 34

b. Pertinent budgetary, civil service, accounting and auditing rules and 35

regulations. 36

c. For functions identified to be performed by regular plantilla items, 37

COS/JO personnel may be allowed to perform the functions. However, 38

heads of offices will not be allowed to fill up the regular plantilla items; and 39

d. Service contract shall follow the existing guidelines on hiring COS and JO 40

employees, i.e. “no work, no pay” basis, no employer-employee 41

relationship. 42

43

Sec. 9. Rehiring of Retired/Separated Personnel. - As a reiteration of 44

Sec. 10, Art. XVI of RA No. 11054, “(a)ffected personnel who are retired or are 45

separated from the service shall not be re-employed in any agency of the 46

Bangsamoro Government or the National Government, including government-47

owned or controlled corporations for a period of five (5) years. The retired or 48

separated personnel who are re-employed during the prohibited period shall 49

refund, on a pro-rated basis, the separation incentives they received x x x” 50

51

193

Sec. 10. Promotion. - An employee may be promoted or transferred to a 1

position which is not more than three (3) salary steps or job rate higher than the 2

employee’s present position, except in very meritorious cases, such as, if the vacant 3

position is next-in-rank as identified in the System of Ranking Positions approved by 4

the head of the agency or office, or the lone or entrance position indicated in the 5

agency’s staffing pattern. 6

7

a. Before being considered for promotion, an employee should have rendered 8

at least a very satisfactory performance in his/her present position for the 9

last rating period; 10

b. The appointing authority may appoint an applicant who is not the next-in-11

rank but possesses superior qualification/s and competence, and has 12

undergone the selection process; 13

c. An employee who is on local or foreign scholarship or training grant or on 14

a maternity leave may be considered for promotion. The performance 15

rating of the concerned employee shall be his/her rating immediately prior 16

to the scholarship or training grant or maternity leave. His/her promotion 17

shall be in effect upon assumption to duty; and 18

d. Promotion within six (6) months prior to compulsory retirement shall not 19

be allowed, except as otherwise provided by law. 20

Sec. 11. Grievance. - Grievance which refers to work related issued giving 21

rise to employee dissatisfaction shall be acted upon by the agency/office based on the 22

following guidelines: 23

24

a. A grievance shall be resolved expeditiously at all times at the lowest level 25

possible in any agency/office of the ARMM. However, if not settled at the 26

lowest level possible, an aggrieved party shall present his/her grievance 27

step by step following the hierarchy of positions; 28

b. All agencies shall establish a Grievance Machinery which is the best way to 29

address grievance between or among government officials and employees 30

to be approved by the Civil Service Commission; 31

c. The aggrieved party shall be assured freedom from coercion, 32

discrimination, reprisal and biased action on grievance; 33

d. Grievance proceedings shall not be bound by legal rules and technicalities. 34

Even verbal grievance must be acted upon expeditiously. The services of a 35

legal counsel shall not be allowed; 36

e. A grievance shall be presented verbally or in writing in the first instance by 37

the aggrieved party to his/her immediate supervisor. The latter shall, 38

within three (3) working days from the date of presentation, inform 39

verbally the aggrieved party of the corresponding action; 40

f. If the party being complained of is the immediate supervisor, the grievance 41

shall be presented to the next higher supervisor; 42

g. A Grievance Committee shall be created by every agency/office and shall 43

be composed of permanent officials and employees, whenever applicable, 44

based on his/her integrity, probity sincerity and credibility; 45

194

h. The agency grievance committee shall develop and implement pro-active 1

measures that would prevent grievance, such as employee assembly which 2

shall be conducted at least every quarter, “talakayan”, counseling, HRD 3

interventions and other similar activities; 4

i. The Human Resource Management Office, in collaboration with the 5

agency Grievance Committee, shall conduct continuing information drive 6

on grievance machinery among its officials and employees; 7

j. The Grievance Committee shall establish its own internal rules, procedures 8

and strategies. Membership in the Committee shall be considered part of 9

the members‟ regular duties; 10

k. The following cases are considered as work-related grievance which may 11

be referred to the Committee: 12

13

i. Non-implementation of policies, practices and procedures on 14

terms and conditions of employment fixed by law, including 15

salaries, incentives, working hours, leave benefits and other 16

related personnel concerns; 17

ii. Non-implementation of policies, practices and procedures which 18

affect the employees from recruitment to promotion, detail, 19

transfer, retirement, termination, lay-off and other related issues 20

that affect them; 21

iii. Physical working conditions; 22

iv. Interpersonal relationships and linkages; 23

v. Protest on appointment; and 24

vi. All other matters giving rise to employee dissatisfaction and 25

discontentment outside of those cases enumerated above. 26

27

l. The following cases, however, shall not be acted upon through the 28

grievance committee: 29

30

i. Disciplinary cases which shall be resolved pursuant to the 31

Uniform Rules on Administration Cases; 32

ii. Sexual harassment cases as provided for in RA 7877; and 33

iii. Union related issues and concerns. 34

Sec. 12. Performance Management System. - In line with the policies 35

of the Civil Service Commission, all BARMM ministries, agencies and offices shall 36

adopt a Performance Management System (PMS) geared towards continuously 37

fostering improvement of organizational performance, employee effectiveness and 38

efficiency, and provision of an objective performance rating at individual and team 39

levels as basis for performance appraisal and recognition. 40

41

The PMS shall be guided by the following policies and procedures: 42

43

a. The PMS shall adhere to a results-based performance approach; 44

195

b. The agency/office shall operate on the basis of the shared commitments 1

and objective measures of performance results. Performance targets and 2

standards or measures of results are planned and agreed upon by the 3

management, supervisors and employees and in accordance to the agency 4

organizational goals and mandates; 5

c. The PMS shall recognize the role of multi-stakeholders in its objective 6

assessment and feed-backing on individual employee performance; 7

d. The PMS shall apply to all employees in the career service in a certain 8

rating period, as may be determined by the agency/office. It may also 9

apply to employees in the non-career service, whenever appropriate; 10

e. A Performance Management Review Committee (PMRC) shall be created 11

in each agency/office and whose membership shall be determined by the 12

agency/office head. It shall formulate appropriate procedures and 13

mechanism to be observed in implementing the PMS; and 14

f. The PMRC shall review the comparative assessments of employees‟ 15

performance targets to ensure rationalization of employee workload, 16

particularly of those holding similar positions and working under the same 17

work conditions and recommends necessary modifications or corrective 18

action, if necessary. 19

Sec. 13. Incentives. - The Bangsamoro Government shall adopt the 20

Program on Awards and Incentives for Service Excellence (PRAISE) in line with the 21

Revised Policies on Employee Suggestions and Incentives Awards System (ESIAS) as 22

provided by the Civil Service Commission’s rules and regulations. 23

24

a. The PRAISE shall adhere to the principle of providing incentives and 25

awards based on performance, innovative ideas and exemplary behavior of 26

the deserving employees; 27

b. It shall encourage, recognize and reward employees, individually or in 28

groups, for their suggestions, innovative ideas, inventions, discoveries, 29

superior accomplishments, heroic deeds, exemplary behavior, 30

extraordinary acts or services in the public interest and other personal 31

efforts which contribute to the efficiency, economy, and improvement in 32

government operations, which lead to organizational productivity; 33

c. It shall be institutionalized in every BARMM ministry/agency/office 34

through the creation of a PRAISE Committee composed of key officials of 35

the agency/office and two (2) representatives from the rank-and-file, one 36

(1) from the first level and one (1) from the second level. The 37

representatives shall be chosen by the employees belonging to their 38

respective level; and 39

d. The Committee shall be responsible for the development, administration, 40

monitoring and evaluation of the awards and incentives system of the 41

196

agency. The agency, may, however, employ an external or independent 1

body to assist in objectively implementing the system.2 5 4 2

3

Chapter 2 4

Procurement Management System 5

6

Sec. 14. Procurement Policy. – It is the policy of the Bangsamoro 7

Government to promote greater transparency, accountability, efficiency and equal 8

opportunity in the government procurement system in consonance with the 9

provisions of R.A. 9184 or the Government Procurement Reform Act, aimed to 10

safeguard government public resources against loss or wastage due to graft and 11

corruption, thereby generating substantial savings in the coffers of the Bangsamoro 12

Government. 13

14

Sec. 15. Scope and Coverage. – The Procurement Management System 15

shall govern all procurement of the Bangsamoro Government, ministries, bureaus, 16

agencies, offices and LGUs in terms of Civil Works, Goods, Supplies, Materials and 17

related services and consulting services. 18

19

Sec. 16. Creation of Bids and Awards Committee (BAC). – As a 20

general rule, there shall be a single BAC in each Ministry of the Bangsamoro 21

Government with the following functions: 22

23

a. Determine eligibility of bidders; 24

b. Receive and open bids; 25

c. Conduct evaluation of bids; 26

d. Undertake post-qualification; and 27

e. Recommend Award of the Contract. 28

Sec. 17. Composition of the BAC. – The BAC shall be composed of five (5) 29

members, three (3) of whom shall be regular members and the two (2) shall be 30

provisional members. 31

32

The Chairperson shall be at least a 3rd ranking official of the Agency and the 33

members shall be at least a 5th ranking permanent personnel. 34

35

(1) Regular Members: 36

37

The regular members shall be composed of: 38

39

Chairperson – who shall serve for three (3) years 40

1st Member – who shall serve for two (2) years 41

2nd Member – who shall serve for one (1) year 42

Thereafter, all regular members shall serve for a fixed term of three 43

(3) years. 44

45

254

Chapter 1, Title XXIII, MMA Act No. 287

197

Technical, financial and legal areas of the agency shall each be represented in 1

the fixed term/regular members. In case of resignation, retirement, separation, 2

transfer, suspension, leave of at least six (6) months, the replacement shall serve only 3

for the unexpired term. One of the regular members may be designated as Vice-4

Chairperson. 5

6

(2) Provisional Members: 7

8

The two (2) provisional members shall be technical members from 9

the project end-user/Project Management Office. 10

11

(3) Observers: 12

13

Aside from the five (5) members of the BAC, there shall be two (2) 14

observers from relevant sectors with no direct or indirect interest in 15

the contact to be bid, who shall sit and monitor in the proceedings. 16

The observers shall sit as non-voting members of the BAC. 17

Sec. 18. BAC Secretariat. – There shall be created a BAC Secretariat who 18

shall act as the main support unit of the BAC. The Head of the Secretariat in the 19

ministries shall be at least a 5th ranking official while in the bureaus and provincial 20

offices he/she shall be at least a 3rd ranking official. 21

22

The BAC Secretariat shall have the following functions: 23

24

a. Provide administrative support for the BAC; 25

b. Organize and make necessary arrangements for the BAC meetings; 26

c. Attend BAC meetings; 27

d. Prepare minutes of the BAC meetings; 28

e. Take custody of procurement documents; 29

f. Manage procurement processes for the BAC; 30

g. Monitor procurement activities and make proper report; 31

h. Make arrangements for pre-procurement, pre-bid and bid-opening; and 32

i. Central channel of communication 33

Sec. 19. BAC Technical Working Group (TWG). – The BAC shall also 34

create a Technical Working Group which shall assist in the eligibility screening and 35

evaluation of bids. The BAC TWG has a Jury Duty wherein its members shall give 36

utmost priority to BAC assignments over all other duties and responsibilities and 37

shall assist in the continuous procurement process. 38

39

Sec. 20. Administrative Penalties for Bidders and Prospective 40

Bidders. – The Procurement System of the Bangsamoro Government shall also 41

adopt measures to penalize erring bidders. 42

43

Sec. 21. Grounds for suspension of bidders. - Any of the following shall 44

be a ground to suspend bidders: 45

198

1

a. Submission of eligibility requirements containing false information or false 2

documents; 3

b. Submission of bids that contain false information or falsified documents 4

or; concealment thereof; 5

c. Use of another name or allowing another bidder to use its name; 6

d. Withdrawal of bid or refusal to accept an award; 7

e. Refusal to post performance bond; 8

f. Termination of the contract due to its default; 9

g. Documented unsolicited attempt by a bidder to unduly influence the 10

outcome of the bidding; and 11

h. Other acts that tend to defeat the purpose of the bidding. 12

Sec. 22. Appeal. – The decision of the BAC in all stages of procurement 13

maybe appealed in writing by the bidders to the Head of the Agency. The appeal shall 14

be made in writing by filing of Position Paper containing the following: 15

16

Name of Bidder: 17

Office Address: 18

Name of Project: 19

Contract Number: 20

Facts of the complaint: 21

22

The decision of the head of agency shall be appealable to the Chief Minister 23

whose decision shall be final. 24

25

Sec. 23. Sanctions and Accountabilities. – The Procurement 26

Management System of the Bangsamoro Government shall also provide for 27

administrative sanctions and stiffer penalties in terms of fine and imprisonment for 28

all who do not abide by the provisions stated by law.2 5 5 29

30

31

Chapter 3 32

Financial Management System 33

34

Sec. 24. Fiscal Policy. – The Bangsamoro Government, in consonance with 35

the budget system of the national government, shall adopt a regional budget system 36

consisting of methods and practices of the government for planning, programming 37

and budgeting. It shall include the adoption of sound economic and fiscal policies 38

and the execution of programs and projects geared towards the accomplishment of 39

political, economic and social objectives. Its primary concern is the availability of use 40

of money to provide the services required as expected from the government. 41

42

The budget system of the Bangsamoro Government shall be interlinked with 43

other systems or techniques of national government to accomplish its objectives. The 44

systems of accounting, personnel administration are essential to the effective 45

operation of the budget system. 46

255

Secs. 6 to 14, Chapter 2, Title XXIII, MMA Act No. 287

199

1

Under this system, the Bangsamoro Government shall carry out all 2

government activities under a comprehensive fiscal plan, which are authorized, 3

developed and executed in accordance with the constitution and the provisions of the 4

Bangsamoro Organic Law, prevailing statutes and the principles of sound public 5

management. It shall provide for periodic review and disclosure of the fiscal position 6

of the government in such detail that fiscal officers entrusted by law with the 7

responsibility of managing the fiscal affairs of the Bangsamoro Government can 8

determine its true financial position. 9

10

Sec. 25. Budgeting Process. – The budgeting process shall consist of 11

budget preparation, authorization, execution, and accountability. The process shall 12

consist of the following: 13

14

a. Budget Preparation - Preparation of budget estimates 15

b. Budget Authorization - Legislative authorization of the budget 16

c. Budget Execution - Allotment of the appropriations incurrence of 17

obligations 18

d. Budget Accountability - Reporting on actual performance against plans 19

Sec. 26. Fiscal Year. – The fiscal year of the Bangsamoro Autonomous 20

Region shall cover the period January 1 to December 31 of every year, in consonance 21

with the fiscal year of the national government.2 5 6 22

23

24

Chapter 4 25

Property, Facilities And Equipment Management 26

27

Sec. 27. Property Ownership. - The land, permanent buildings or 28

structures, facilities and equipment owned, controlled, administered, or in the 29

possession of the Bangsamoro Government, including those transferred and formerly 30

owned, held, administered, or controlled by the defunct autonomous governments in 31

Regions IX and XII and the properties and assets of offices previously devolved to 32

the former ARMM shall remain the property of the Bangsamoro Government. 33

34

As much as practicable, these properties shall be saved, retained, developed 35

and managed in pursuit to an effective and efficient delivery of services and 36

governance. 37

38

Sec. 28. Disposition of Real Properties located outside the 39

Bangsamoro Autonomous Region. - In the event the Bangsamoro Government 40

decides to dispose the real properties owned, controlled and administered by it 41

located outside the Bangsamoro Autonomous Region, these properties shall be 42

disposed in accordance with existing pertinent laws, rules and regulations of the 43

Bangsamoro Government.2 5 7 44

45

46

Chapter 5 47

256

Secs. 15 to 17, Chapter 3, Title XXIII, MMA Act No. 287 257

Secs. 18 to 19, Chapter 4, Title XXIII, MMA Act No. 287

200

Gender And Development 1

Sec. 29. Gender and Development. - In the utilization of public funds, 2

the Bangsamoro Government shall ensure that the needs of the Bangsamoro people, 3

regardless of gender, are adequately addressed. For this purpose, at least five percent 4

(5%) of the total budget appropriation of each ministry, office, and constituent local 5

government unit of the Bangsamoro Autonomous Region shall be set aside for 6

gender-responsive programs, in accordance with a gender and development plan. In 7

the same manner, five percent (5%) to thirty percent (30%) of the official 8

development assistance received by the Bangsamoro Government shall be set aside 9

to complement the gender and development budget allocation. 10

The Bangsamoro Government, through the Bangsamoro Women Commission, 11

shall establish a mechanism for consultation with women and local communities to 12

further ensure the allocation and proper utilization of development funds. It shall 13

identify and implement special development programs and laws for women.2 5 8 14

15

16

TITLE XIX 17

NATIONAL GOVERNMENT AGENCIES IN THE BARMM 18

19

20

Chapter 1 21

Civil Service Commission for BARMM 22

23

Sec. 1. Civil Service Commission for BARMM. – The Bangsamoro 24

Government recognizes the establishment of the Civil Service Commission for 25

BARMM2 5 9 (CSC for BARMM) that exercises powers and duties granted by the 26

Philippine Constitution and in consonance with Executive Order No. 292. 27

28

Sec. 2. Bangsamoro Civil Service Code. - The Bangsamoro Parliament 29

may also enact a Bangsamoro Civil Service Code, as provided in the Bangsamoro 30

Organic Law, subject to the Constitutional mandate of the Civil Service 31

Commission.2 6 0 32

33

In cases of abolition of positions and the creation of new ones resulting from 34

the abolition of existing positions in the Bangsamoro Government, such abolition or 35

creation shall be made in accordance with Section 10, Article XVI of the Bangsamoro 36

Organic Law. The provisions of civil service laws, rules, and regulations shall apply 37

suppletorily.2 6 1 38

39

40

Chapter 2 41

Bangsamoro Electoral Office 42

43

258

See Sec. 5, Art. XIII, BOL 259

This is the new name of the former CSC-ARMM. 260

See Sec. 4(a) par. 2, Art. XVI, BOL 261

See Sec. 20 (d), Art. XII, BOL

201

Sec. 3. Bangsamoro Electoral Office. – The Commission on Election 1

shall establish a Bangsamoro Electoral Office under its supervision and control 2

which shall implement and enforce its orders, rulings and decisions. The budget of 3

the Bangsamoro Electoral Office shall be part of the yearly budget of Commission on 4

Elections.2 6 2 5

6

Sec. 4. First Regular Election. - The first regular election for the 7

Bangsamoro Government under this Organic Law shall be held and synchronized 8

with the 2022 national elections. The Commission on elections, through the 9

Bangsamoro Electoral Office, shall promulgate rules and regulations for the conduct 10

of the elections, enforce and administer them pursuant to national laws, this Organic 11

Law and the Bangsamoro Electoral Code.2 6 3 12

13

14

Chapter 3 15

Police Regional Office in the Bangsamoro Autonomous Region 16

17

Sec. 5. Public Order and Safety. – The Bangsamoro Government 18

recognizes the establishment by the Philippine National Police of a Police Regional 19

Office in the Bangsamoro Autonomous Region, which shall be organized, 20

maintained, supervised, and utilized for the primary purpose of law enforcement and 21

maintenance of peace and order in the Bangsamoro in accordance with Republic Act 22

No. 6975, otherwise known as the " Department of Interior and Local Government 23

Act of 1990" as amended by Republic Act No. 8551, otherwise known as the 24

" Philippine National Police Reform and Reorganization Act of 1998." It shall be 25

under the direct operational control and supervision of the Philippine National 26

Police.2 6 4 27

28

Sec. 6. Police Regional Director. - The Police Regional Office in the 29

Bangsamoro Autonomous Region shall be headed by a Regional Director who shall, 30

upon consultation with the Chief Minister, be appointed in accordance with Republic 31

Act No. 6975, as amended.2 6 5 32

Sec. 7. Regional Office of the National Police Commission. - The 33

Bangsamoro Government recognizes the establishment by the National Police 34

Commission of a Bangsamoro Regional Office under its direct control, supervision, 35

and administration, in accordance with Republic Act No. 6975, as amended. The 36

Secretary of the Interior and Local Government shall appoint Regional Director who 37

shall head the National Police Commission Bangsamoro Regional Office. 38

The National Police Commission Bangsamoro Regional Office shall have the 39

power to investigate complaints against members of the Police Regional Office in the 40

Bangsamoro Autonomous Region. Appeals from the decisions of the National Police 41

Commission Bangsamoro Regional Office shall be filed with the National Police 42

262


See Sec. 13, Art. XVI, BOL 264

See Sec. 2, par. 1, Art. XI, BOL 265

See Sec. 2, par. 2, Art. XI, BOL

202

Commission. Pending resolution of the appeal, the decision of the National Police 1

Commission Bangsamoro Regional Office may be executed.2 6 6 2

Sec. 8. Consultation with the Chief Minister on Police Matters 3

Affecting the Police Regional Office in the Bangsamoro Autonomous 4

Region. - The National Police Commission shall consult the Chief Minister on police 5

matters affecting the Police Regional Office in the Bangsamoro Autonomous 6

Region.2 6 7 7

8

9

Chapter 4 10

Jail Management and Penology 11

12

Sec. 9. Jail Management and Penology. – The Bangsamoro 13

Government recognizes the establishment by the Bureau of Jail Management and 14

Penology of a regional office in the Bangsamoro Autonomous Region under its direct 15

operational and administrative control and supervision, in accordance with Republic 16

Act No. 6975, as amended, and Republic Act No. 9263, otherwise known as the 17

" Bureau of Fire Protection and Bureau of Jail Management and Penology 18

Professionalization Act of 2004." The Bureau of Jail Management and Penology 19

shall support the regional office in the establishment, maintenance, and 20

improvement and procurement of jail facilities, the appropriation for the subsistence 21

of detainees and prisoners, the establishment, maintenance, operation, and 22

management of separate detention homes, and the designation of jail wardens.2 6 8 23

24

25

Chapter 5 26

Fire Protection 27

28

Sec. 10. Fire Protection. – The Bangsamoro Government recognizes the 29

establishment by the Bureau of Fire Protection of a regional office in the Bangsamoro 30

Autonomous Region under its direct operational and administrative control and 31

supervision, in accordance with Republic Act No. 6975, as amended and Republic Act 32

No. 9263. The Bureau of Fire Protection shall support the regional office in the 33

establishment maintenance, and improvement and procurement of fire protection 34

and prevention facilities, the enforcement of Republic Act No. 9514, otherwise known 35

as the " Fire Code of the Philippines of 2008," other existing laws on fire safety 36

enforcement, protection and prevention.2 6 9 37

38

Chapter 6 39

Coast Guard Services 40

41

Sec. 11. Coast Guard. – The Bangsamoro Government recognizes the 42

establishment by the Philippine Coast Guard of a regional office in the Bangsamoro 43

Autonomous Region which shall be organized, maintained, supervised, and utilized 44

for the primary purpose of law enforcement over coast guard matters. It shall be 45

266

See Sec. 3, Art. XI, BOL 267



See Sec. 6, Art. XI, BOL

203

under the direct operational and administrative control and supervision of the 1

Philippine Coast Guard.2 7 0 2

3

4

Chapter 7 5

Local Government Finance 6

7

Sec. 12. Local Government Finance. – The Bangsamoro Government 8

recognizes the creation by the Department of Finance of a Bangsamoro Regional 9

Office of the Bureau of Local Government Finance in the Bangsamoro Autonomous 10

Region which shall have the authority to coordinate, assist, and monitor the treasury 11

and assessments operations of constituent local government units within the 12

Bangsamoro Autonomous Region in pursuance of good governance and local 13

autonomy. 14

15

The regional office shall be guided by the standards set by the Department of 16

Finance-Bureau of Local Government Finance including the requirements set for the 17

appointment of local treasurers.2 7 1 18

19

20

21

TITLE XX 22

GOVERNMENT OWNED AND CONTROLLED CORPORATIONS 23

24

Sec. 1. Creation of Government-Owned and Controlled 25

Corporations. – Upon coordination with the National Government, the 26

Parliament shall have the power to create government-owned or controlled 27

corporations in compliance with the provisions of Republic Act No. 10149, otherwise 28

known as the " GOCC Governance Act of 2011" by a grant of legislative charter or 29

under Batas Pambansa Blg. 68, otherwise known as " The Corporation Code of the 30

Philippines:" Provided, That those duly registered with the Securities Exchange 31

Commission may likewise operate outside the Bangsamoro Autonomous Region. 32

The Parliament may create pioneer firms and other business entities to boost 33

economic development in the Bangsamoro Autonomous Region.2 7 2 34

Sec. 2. Existing Government-Owned or Controlled Corporations 35

Operating Exclusively in the Bangsamoro Autonomous Region. - The 36

Bangsamoro Government shall have the authority and control over existing 37

government-owned or controlled corporations operating exclusively in the 38

Bangsamoro Autonomous Region after determination by the Intergovernmental 39

Fiscal Policy Board of their feasibility: Provided, That they shall have the option to 40

transfer their operations outside of the Bangsamoro Autonomous Region, which 41

shall be effected through the necessary changes in their governing boards.2 7 3 42

270


See Sec. 3, Art. XII, BOL 272

See Sec. 30, Art. Art. XII, BOL 273

See Sec. 31, Art. Art. XII, BOL

204

Sec. 3. Existing Government-Owned or Controlled Corporations in 1

the Bangsamoro Autonomous Region. - The Bangsamoro Government shall be 2

represented in the board of directors or in the policy -making bodies of government-3

owned or controlled corporations that operate a substantial portion of their business 4

directly or through their subsidiaries in the Bangsamoro Autonomous Region or 5

where the Bangsamoro Government has a substantial interest. 6

The Intergovernmental Fiscal Policy Board shall determine the extent of the 7

participation of the Bangsamoro Government as well as its shares from the results of 8

the operations of these corporations and their subsidiaries based on a formula that it 9

shall determine: Provided, That the Bangsamoro Government shall have at least one 10

(1) seat in the governing boards of the said corporations.2 7 4 11

12

13

274

See Sec. 32, Art. Art. XII, BOL

205

BOOK VII 1

GENERAL PROVISIONS 2

3

4

Chapter 1 5

Applicability 6

Sec. 1. Scope. – This Code shall be applicable to all Ministries, Agencies, 7

Commission, Bureaus, and Offices of the Bangsamoro Autonomous Region in 8

Muslim Mindanao.2 7 5 9

Sec. 2. Gender. – Where a masculine noun or pronoun is used in this Code, 10

it shall likewise imply and include the corresponding feminine gender.2 7 6 11

Sec. 3. Collection and Remittance. – Fees, charges, levies, taxes, dues 12

and other income collected and received by income-generating agencies and GOCCs 13

of the BARMM shall be remitted to the account of the Bangsamoro Treasury Office. 14

The manner and regularity of remittance shall be in accordance with existing laws, 15

rules and regulations relative thereto.2 7 7 16

17

Chapter 2 18

Amendments or Revisions 19

Sec. 4. Amendments or Revisions. – Any amendment to, revision, or 20

repeal of this Code shall be made by law enacted by the Bangsamoro Parliament. 21

22

Chapter 3 23

Transitory Provisions 24

Sec. 5. Repealing Clause. —All laws, decrees, orders, rules and 25

regulations, or portions thereof, inconsistent with this Code are hereby repealed or 26

modified accordingly. 27

Sec. 6. Separability Clause. —In the event that any of the provisions of 28

this Code is declared unconstitutional, the validity of the other provisions shall not 29

be affected by such declaration. 30

Sec. 7. Effectivity. —This Code shall take effect fifteen (15) days after its 31

publication in a Newspaper of General or Regional Circulation. 32

33

275

Derived from Sec. 1, Chapter 1, Book V of MMA Act No. 287 276

Derived from Sec. 2, Chapter 1, Book V of MMA Act No. 287 277

Derived from Sec. 3, Chapter 1, Book V of MMA Act No. 287

Documents

BANGSAMORO TRANSITION AUTHORITY