LIST OF AMENDMENTS TO BANGSAMORO LAW

By DJ Yap

Philippine Daily Inquirer

(Note: Shortly before the Bangsamoro Basic Law was approved at the Committee Level in Congress early this week, amendments were made by the legislators. Here is the list of those amendments as compiled by the Philippine Daily Inquirer.)

ARTICLE 1:

Section 1: Short title from “Bangsamoro Basic Law” to “Basic Law of the Bangsamoro Autonomous Region”

Section 2: Name of political entity from “Bangsamoro” to “Bangsamoro Autonomous Region.”

ARTICLE 2:

Section 2: Freedom of choice: The freedom of choice of other indigenous peoples shall be respected.

Added sentence—There shall be no discrimination on the basis of identity, religion and ethnicity.

ARTICLE 3:

Section 1: “Territory” changed to “area”

Section 2: c. Addition of Lamitan in cities under the core territory of the Bangsamoro

Section 3: Contiguous territory

Original: The areas which are contiguous and outside the core territory may opt at any time to be part of the territory upon petition of at least 10 percent of the registered voters and approved by a majority of qualified votes cast in a plebiscite.”

Amended: Any local government unit or geographical area outside the territorial jurisdiction of the Bangsamoro, but which are contiguous to any of the component units of the Bangsamoro and within the area of autonomy identified in the 1976 Tripoli Agreement, may opt to be part of the Bangsamoro by filing a petition of at least 10 percent of the registered voters of the interested LGU or geographical area. The inclusion of the LGU or geographical area in the Bangsamoro shall be effective upon approval by a majority of votes cast in the plebiscite of the political units directly affected. Petitions for inclusion may only be filed on the fifth and 10th year following the enactment of this Basic Law.

ARTICLE 4:

Section 1: Self-governance

Added the words: “genuine autonomy” and “meaningful” and “people” and “political”

Amended: In the exercise of its right to self-determination, genuine autonomy and meaningful self-governance, the Bangsamoro people is [sic] free to pursue its political, economic, social and cultural development.

Section 2: Democratic Political System

Added sentence: Pursuant to the rights of women to meaningful political participation, women shall be represented in all decision-making bodies of the Bangsamoro government.

SECTION 3: ELECTORAL SYSTEM

Original: The Bangsamoro government shall adopt an electoral system suitable to a ministerial form of government, which shall allow democratic participation, encourage formation of genuinely principled political parties and ensure accountability.

Amended: An electoral system suitable to a parliamentary form of government shall be adopted for the elections of the officials of the Bangsamoro Parliament, which allows democratic participation, encourages formation of genuinely principled political parties and ensures accountability.

SECTION 5. PROMOTION OF UNITY

Deleted the paragraph: The Bangsamoro abides by the principle that the country renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land that adheres to the policy of peace, equality, justice, freedom, cooperation and amity with all nations.

ARTICLE 5: POWERS OF GOVERNMENT

Section 1: Reserved powers

From “defense and external security” to “national defense and national security”

Added “powers of the Ombudsman,” and “all other rights not granted to the Bangsamoro government by this basic law,” to reserved powers.

SECTION 2: CONCURRENT POWERS

Auditing:

Original: The Bangsamoro auditing body shall have auditing responsibility over public funds utilized by the Bangsamoro without prejudice to the power, authority and duty of the national Commission on Audit. The Bangsamoro government shall ensure transparency mechanisms consistent with open government practices.

Amended: The Bangsamoro shall have internal auditing responsibility over revenues and other funds generated within or by the region from external sources. This shall be without prejudice to the power, authority and duty of the national Commission on Audit to examine, audit and settle all accounts pertaining to the revenues and the use of funds and property owned and held in trust by any government instrumentality, including GOCCs.

SECTION 3: EXCLUSIVE POWERS

Added exception: Receive grants and donations “except grant and donations from foreign governments which require the concurrence of the national government”

ARTICLE 6: INTERGOVERNMENTAL RELATIONS

Section 1: Asymmetric relationship

Added definition of asymmetric relationship: “refers to the relationship between the national government and the Bangsamoro government as an autonomous region, where, as provided under Section 15, Article 10 of the 1987 Constitution, the autonomous regions are granted more powers and less intervention from the national government compared to other territorial and political subdivisions.

Added new Sections creating:

Section 4: Presidential Office for Bangsamoro Affairs.

Section 5: Assistant Solicitor General for Bangsamoro Affairs

ARTICLE 7: BANGSAMORO GOVERNMENT

Added this Section:

Section 1: Seat of Government. The Bangsamoro Parliament shall determine the seat of the Bangsamoro government.

Section 13:

Salaries:

Sets salaries of chief minister to Salary Grade 31, deputy ministers and Cabinet secretaries to Salary Grade 28, and Members of Parliament to Salary Grade 27.

The original states that the Bangsamoro parliament shall determine salaries.

Section 25:

Appropriations:

Added paragraph: No public money or property shall be appropriated, applied, paid, or employed directly or indirectly for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion or of any priest, imam, preacher, minister or other religious teacher, or other dignitary…

Deleted four Sections on “Wali,” titular head of the Bangsamoro.

ARTICLE 9: BANGSAMORO JUSTICE SYSTEM

Section 7: Bangsamoro Sharia High Court

Added a clause on judicial review: The decisions of the Sharia High Court shall be final and executory, “subject to judicial review by the Supreme Court.”

ARTICLE 10: PUBLIC ORDER AND SAFETY

Section 15:

Deleted the phrase, “the Chief Minister may request the President…”

Amended: The provisions of the preceding sections notwithstanding, the President may call upon the Armed Forces of the Philippines:…

ARTICLE 12: FISCAL AUTONOMY

Section 10: Share in Taxes of the National Government

Added the paragraph: The share in taxes, fees and charges provided under this section are separate and distinct from the annual block grant that is appropriated to the Bangsamoro government under Section 15, Article XII.

Section 25: Economic Agreements

Added the clause: “Subject to the approval of the national agreement.”

Amended: The Bangsamoro government may enter into economic agreements and receive benefits and grants derived therefrom subject to the approval of the national government.

ARTICLE 12: ECONOMY AND PATRIMONY

Section 8: Natural Resources

Original: The Bangsamoro government shall have the authority, power and right to explore, develop and utilize the natural resources, including surface and subsurface rights, inland waters, coastal waters and renewable and nonrenewable resources in the Bangsamoro.

Amended: The Bangsamoro government shall have the authority, power and right to the control and supervision over the exploration, utilization, development and protection of the mines and minerals and other natural resources within the Bangsamoro Autonomous Region in accordance with the Constitution and the pertinent provisions of this Basic Law, except for the strategic minerals such as uranium, petroleum and other fossil fuels, mineral oils and all sources of potential energy, provided that the Bangsamoro government shall be consulted.