Q & A on RA 11054 or the Organic Law for the Bangsamoro Autonomous Region

in Muslim Mindanao.

By Fr. Eliseo “Jun” Mercado, OMI

Professor of Autonomy and Federalism
San Beda University – Graduate School of Laws

Q1. What is the official name of the New Law?

A1. The New Law is Republic Act 11054 or the Basic Law for the Bangsamoro
Autonomous Region in Muslim Mindanao.

Q2. What happens to RA 9054 and the ARMM when the new law is ratified?

A2. RA 11054 REPEALS both RA 6734 (the first Organic Act) and RA 9054 (the
Amendatory Law of RA 6734). Thus the Bangsamoro Autonomous Region or BAR is a
NEW entity abolishing the ARMM?

Q3. When is the Plebiscite scheduled for the purpose of ratifying the New Law?

A3. The Plebiscite for RA 11054 is scheduled on January 21, 2019.

Q4. Who shall participate in the Plebiscite of RA 11054?

A4. The Law specifies who participate in the Plebiscite. They are the qualified voters in
the core areas as stated below:
a. ARMM voting as a Geographical Unit;
b. The 6 Towns in Lanao del Norte: Baloi, Munai, Nunungan, Pantar, Tagoloan,
and Tangkal PROVIDED that the whole Province of LN agrees;
c. The 39 Barangays in the municipalities of Kabacan, Carmen, Aleosan,
Pigkawayan, Pikit, and Midsayap in the province of North Cotabato
PROVIDED that their mother Units agree;
d. Cotabato City PROVIDED that majority agrees;
e. Isabela City PROVIDED that majority agrees and the Province agrees; and
f. And all contiguous areas where a resolution of LGU or a petition of at least ten
percent of the registed voters in the areas seeking inclusion in the plebiscite 2
months prior to the holding of the Plebiscite.

Q5. What is the meaning of the ARMM voting as a Geographial Unit?

A5. The usual jurisprudence in counting the votes in a plebiscite is by Province and City.
The New Law applies the term or concept of “geographical unit” (Article X of the
Constitution) to the whole ARMM in counting the votes. This means that the entire
ARMM votes as a SINGLE UNIT. The majority in the entire ARMM (NOT by Province
or City) would determine whether the whole ARMM would belong to the Bangsamoro
Autonomous Region.
Q6. What is the meaning of “double majority” in the case of the six municipalities of
Lanao del Norte and the 39 Barangays in North Cotabato?

A6. Concretely the decision of any or the entire six municipalities of Lanao del Norte
needs also the concurrence of the entire Province of Lanao del Norte. If the Province says
NO, the Yes of any or the six municipalities would not be enough for them to be part of
the BAR. In short the mjority in the Municipality/ies Vote Yes and the majoroty in the
Province shoud also Vote Yes – thus double majority.

In a similar vein, the majority in the 39 Barangays in North Cotabato need also the
majority in their mother units (municipalities). Thus the doubke majority – majority in
the Barangay and majority in the mother unit.

Q7. Who are the Bangsamoro?

A7. The Law defines the Bangsamoro People. – “Those who, at the advent of the
Spanish colonization, were considered natives or original inhabitants of Mindanao and
the Sulu archipelago and its adjacent islands, whether of mixed or of full blood, shall
have the right to identify themselves, their spouse and descendants as Bangsamoro”.
(Article 2, Sec. 1)

Q8. What is the purpose of the New Law?

A8. The New Law states: “the Bangsamoro Autonomous Region in Muslim Mindanao is
established to secure their identity and posterity, allowing for meaningful self-governance
within the framework of the Constitution and the national sovereignty as well as the
territorial integrity of the Republic of the Philippines” (Article 1, Sec. 3).

Q9. Is BAR under RA 11054 better than the ARMM under RA 6744 and RA 9054?

A9. The new Law – RA 11054 establishing the BAR gives MORE powers to the region.
To wit:

• MORE POWERS THAN THE COMBINED RA 6734 and RA 9054.

• 55 ENUMERATED POWERS (Delegated powers);
• ADOPTS A PARLIAMENTARY FORM OF GOVERNMENT & POWERS
ARE LODGED IN THE BANGSAMORO PARLIAMENT
• PARLIAMENT ELECTS THE CHIEF MINISTER
• EXPANDED SHARI’A TO INCUDE COMMERCIAL AND CRIMINAL
CASES PROVIDED THESE ARE PUNISHABLE BY ‘PRESO MENOR”
• CREATION OF THE OFFICE OF WALI (TITULAR HEAD OF BAR)
• BTA – Transition (2019-2022)

Q 10. Does BAR exercise authority and power over the resources in the its area?
A10. The New Law grants authority over resources outside fossil fuel and uranium to the
BAR. The BAR shall exercise authority over these resources. To wit:

• MINES AND MINERALS;

• JOINT FOR STATEGIC MINERAL – FOSSIL FUEL AND URANIUM;
• BLOCK GRANT OF 5% of TOTAL NATIONAL REVENUE COLLECTION;
• DEVELOPMENT & REHABILITATION FUND OF 5 BILLION PER YEAR
FOR THE NEXT TEN YEARS; AND
• FISCAL AUTONOMY

Q 11. What is the composition of the Bangsamoro Parliament?

A 11. Compoistion of Parliament:

 Party Representatives. – One-half of the members of the Parliament shall be
representatives of political parties who are elected through a system of
proportional representation based on the Bangsamoro territorial jurisdiction.
• Parliamentary District Seats. – Not more than forty percent (40%) of the
members of Parliament shall be elected from single member parliamentary
districts apportioned for the areas and in the manner provided for by the
Parliament.
• Reserved Seats and Sectoral Representatives. – Reserved seats and sectoral
representatives shall constitute at least ten percent (10%) of the members of the
Parliament, which shall include two (2) reserved seats each for non-Moro
indigenous peoples and settler communities. Women, youth, traditional leaders,
and the Ulama shall have one sectoral seat each: Provided, That the reserved
seats and sectoral representatives shall in no case be less than eight (8) seats.

Q 12. What is the future of the Indigenous Peoples in the BAR?

A12. The Rights of the Indigenous Peoples are fully respected and protected under RA
11054. To wit:
• UNDRIP is fully respected and recognized;
• IPRA and the 4 bundles of rights are recognized;
• TRIBAL JUSTICE AND LAWS SHALL BE ENACTED BY PARLIAMENT;
• RIGHT OF REPRESENTATION IN THE PARLIAMENT; AND
• FREEDOM OF CHOICE ON THE IDENTITY QUESTION.

Q13. What about the Rights of the Christian Settlers in the BAR – are they recognized
and respected, too?

A13. The Rights and Representation of Christian Settlers are respected and recognized
(Art. IX, sec. 5 . To wit:

• NO DISCRIMINATION ON THE BASIS OF RELIGION, ETHNICITY AND

GENDER;
• FULL RELIGIOUS FREEDOM
 • VESTED RIGHTS ARE RECOGNIZED AND RESPECTED; AND
• RIGHTS OF REPRESENTATION IN THE PARLIAMENT.; AND
• ALL RIGHTS GUARANTEED BY THE CONSTITUTION ARE
RECOGNIZED AND RESPECTED IN THE BAR.

Q14. What are those Vested Interests?

A 14. Article IX on BASIC Rights, Sec. 2. Reparation for Unjust Dispossession. – The
Parliament shall enact laws providing for adequate reparation to the Bangsamoro people
affected by unjust dispossession of territorial and proprietary rights or customary land
tenure, which may include payment of just compensation to and relocation of such
people. No land title issued by the National Government under the Torrens System shall
be invalidated.

Q 15. What about the Shari’a – would I cover all in the BAR?

A15. The Shari’a applies ONLY when the two litigants/parties concerned are both
Muslims. The existing PD 1083 or the Muslim Personal Laws continue to be in effect
until EXPANDED by the Paliament. The expansion shall cover the following:

• Shari’ah shall apply exclusively to cases involving Muslims. Where a case

involves a non-Muslim, Shari’ah law may apply only if the non-Muslim
voluntarily submits to the jurisdiction of the Shari’ah court.
 
• The traditional or tribal laws shall be applicable to disputes of indigenous peoples
within the Bangsamoro Autonomous Region.

• The provisions of this Article shall not prejudice the rights of non-Muslims and
non-indigenous peoples

Q 16. What is this Block Grant all about?

A16. Art. 12, Sec. 16. Block Grant Amount. – For the budget year immediately
following the year of the effectivity of this Organic Law, the amount of the block grant
shall be equivalent to five percent (5%) of the net national internal revenue tax collection
of the Bureau of Internal Revenue and the net collection of the Bureau of Customs from
the third fiscal year immediately preceding the current fiscal year. This block grant is
estimated as 70 Billion per year.

Q 17. What is that Special Development Fund & Rehabilitation for the former
Combatants and their camps?

A17. Article XIV, Sec. 2. Speaks of Special Development Fund. –The National
Government shall provide a special development fund to the Bangsamoro Government
for the rebuilding, rehabilitation, and development of its conflict-affected communities.
 The amount equivalent to Fifty billion pesos (P50,000,000,000.00), at Five billion
pesos (P5,000,000,000.00) per year, for a period of ten (10) years from the
ratification of this Organic Law, shall be allocated for this purpose.

Q18. What is this BTA during the Transition Period of 2019-2022 when there would be
NO elections?

A18. The President shall establish the Bangsamoro Transitional Authority or BTA that
shall enjoy the full powers of the Bangsamoro Government during the TRANSITION
(2019-2022). The members of the BTA, the interim Chief Minister and the Wali are ALL
APPOINTED BY THE PRESIDENT during the transition period.

Article XV speaks of the Bangsamoro Transition Authority that shall be composed of

eighty (80) members, who shall be appointed by the President: Provided, That, in
addition, the elected officials of the Autonomous Regional Government in Muslim
Mindanao shall automatically become members of the Bangsamoro Transition Authority
and shall serve until noon of the 30th of June 2019: Provided, Further, that non-Moro
indigenous communities, youth, women, settler communities, traditional leaders, and
other sectors shall have representatives in the Bangsamoro Transition Authority.

Q19. What would happen to the Institutions, Offices and Agencies in the ARMM?

A 19. RA 11054 repeals both RA 6734 and RA 9054. BAR is a NEW Governance
structure that replaces the ARMM.

All offices and institutions of the Autonomous Regional Government in Muslim

Mindanao shall be subject to the phase out plan that shall be adopted by the Bangsamoro
Transition Authority.

The Bangsamoro Transition Authority shall schedule the gradual phasing out of offices of
the Autonomous Regional Government in Muslim Mindanao, which are deemed
abolished upon the ratification of this Organic Law.

Q20. What are the separation packages for employees and officials that would be affected
by abolition of their agencies and offices?

A20. The New Law offers a generous separation package, to wit:

• The affected personnel who opt to retire or be separated shall be entitled to any of
the following applicable incentives:
• One hundred percent (100%) of the monthly basic salary for every year of
government service computed starting from the first year for those who have
rendered one (1) year to less than five (5) years of service;
• One hundred fifty percent (150%) of the actual monthly salary for every year of
government service computed starting from the first year for those who have
rendered five (5) years of service but less than ten (10) years; or
 • Two (2) months of actual monthly basic salary for every year of government
service computed starting from the first year for those who have rendered ten (10)
years or more of service.

Q21. What is the guarantee that RA 11054 would spell real change in the BAR?

A21. A real guarantee for a real change in the new BAR would depend on vigilant and
enlightened constituency and enlightened leadership that would work for the common
good. With the block fund and the special fund over the regular IRA, BAR should
achieve the following:
• Poverty Reduction;
• Easy Access to FREE Quality Education from Basic to Tertiary, especially in
remote areas;
• Improved Social Services, particularly health in rural and remote areas of BAR?
• Spur Economic Development, beginning with SME, in every town and barangay
• Attract investors to BAR; and
• Establish and entrench a culture and habit of truly Responsive, Transparent &
Accountable Leadership to the constituents.

WITH THE NEW LAW OR ORGANIC ACT FOR THE BANGSAMORO

AUTONOMOUS REGION IN MUSLIM MINDANAO AND THE HUGE AMOUNT
OF RESOURCES AT ITS DISPOSAL, WE SHOULD NO LONGER FIND OUR
REGION, PROVINCES AND CITIES AMONG THE POOREST AREAS AND
REGIONS IN THE COUNTRY.