HB 5811 and SB 2894: Where is the Bangsamoro in the BLBAR of Congress?

HB 5811 and SB 2894:Where is the Bangsamoro in the

BLBAR of Congress?

Out of 242 SECTIONSHB 5811• AMENDED 215 Sections – 8 Sections DELETED

• Plus, 4 NEW Sections• 219 Sections (90.5%)– LESS: minor changes (29)– LESS: on nomenclatures

(79)– ADD: amended in other

Sections (3)

• TOTAL: 114 Sections (47%) AMENDED

SB 2894• AMENDED 229 Sections – 38 Sections DELETED

• Plus, 12 NEW Sections• 241 Sections (99.5%)– LESS: minor changes (4)– LESS: on nomenclatures

(54)– ADD: amended in other

Sections (2)

• TOTAL: 185 Sections (76%) AMENDEDADD: nomenclatures

80%ADD: nomenclatures

99%

RIGHT to SELF-DETERMINATION“Underlying the CAB is the recognition of the justness and legitimacy of the cause of the Bangsamoro people and their aspiration to chart their political future through a democratic process that will secure their identity and posterity and allow for meaningful self- governance”

Par. 3, CAB

BASIC PREMISES

RIGHT to SELF-DETERMINATION

GPH – MILFPeace Talks

CAB Bangsamoro Basic Law

17 years of negotiations

The GPH will not bring up the Constitution &the MILF will refrain from raising independence as an agendaSingle agenda on how to resolve the Bangsamoro Question

The CAB encapsulates the minimum acceptable expression of RSD for the BangsamoroThe CAB builds on previous agreements

The proposed BBL reflects the CAB & is a mutually agreed versionAs a social justice legislation, the BBL was drafted & should be interpreted within the flexibilities of the Constitution

After enactment & ratification, the BBL shall become national law

BASIC PREMISES


CABBangsamoro Question ARM

M

STATUS QUO IS

UNACCEPTABLE

“failed experimen

t”

RA 9054etc

CHANGE IN STRUCTURE

ADDRESS CHALLENGEStaking lessons from our “autonomy experimentation”NOTHING LESS

THAN ARMM

GENUINE AUTONOMY

benchmark

“CATCH – UP”

political autonomy

fiscal autonomy

• Bangsamoro Government – Central Government

• Bangsamoro Government – Local Government Units

• Within the Bangsamoro

Recognition of BANGSAMORO IDENTITY

Addressing the challenge of “GOBERNO A SARWANG” & BANGSAMORO ALIENATION

Addressing HISTORICAL INJUSTICE & BANGSAMORO MARGINALIZATION

SOCIAL JUSTICE to address the LEGITIMATE GRIEVANCES

1

2

3

ensurecompliance

BASIC PREMISES

POWER SHARING

not just devolution

FRAMEWORK: POWER SHARING

• Reserved powers are powers or matters over which authority and jurisdiction are retained by the Central Government

• Exclusive powers are powers or matters over which authority and jurisdiction pertain to the Bangsamoro Government

• Concurrent powers refer to shared powers between the Central Government and the Bangsamoro Government

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

Article V on Powers of GovernmentHB 5811• 53 amendments

– LESS: minor changes & nomenclature (27)

– ADD: amendment found elsewhere (18)

• TOTAL: 44 powers out of 100 AMENDED

• AMENDED 36% of EXCLUSIVE powers

SB 2894• 78 amendments

– LESS: minor changes & nomenclature (11)

– ADD: amendment found elsewhere (9)

• TOTAL: 76 powers out of 100 AMENDED

• AMENDED 58% of EXCLUSIVE powers

• With 20 EXCLUSIVE powers were either MOVED or DELETED

INCREASED Reserved Powers

• EXPANDED powers now include: internal security; and banking

• INCREASED powers on: customs & tariff; and common market & global trade, as regards economic agreements

• ADDED residual powers

INCREASED Reserved Powers

HB 5811: • ADDED powers of the OmbudsmanSB 2894: • CHANGED “foreign affairs” to “foreign policy”• ADDED free ports; and banks & non-banks

financial institutions under BSP

REDUCED Concurrent Powers of BG• REDUCED powers on Public Order & Safety – DELETED “Primary responsibility” of the BG

• REDUCED powers on Auditing– HB 5811: REPLACED “auditing” with “internal auditing” – SB 2894: CHANGED to “COA shall establish an auditing

unit”• REDUCED powers on Civil Service– HB 5811: ADDED “The Civil Service Office will be

monitored, regulated, and supervised by the CSC”– SB 2894: ADDED “subject to the minimum standards

and guidelines prescribed by the CSC”; DELETED power to enact a Civil Service Code

REDUCED Concurrent Powers of BG

• REDUCED powers over human rights and humanitarian protection & promotion; and administration of justice– HB 5811: AMENDED elsewhere; SB 2894:

ADDED “Subject to the provisions of the 1987 Philippine Constitution (and national laws)”

• REDUCED powers over funding for the maintenance of national roads, bridges, and irrigation systems; and disaster reduction and management

REDUCED Concurrent Powers of BG

SB 2894:• REDUCED powers over social security &

pensions; quarantine; pollution control; coastguard; and customs & tariff

• DELETED penology & penitentiary; and land registration

REDUCED Exclusive Powers

• local administration, municipal corporations, & other local authorities including the creation of local governments

• public administration and bureaucracy

• special development programs and laws

• general welfare

• budgeting• creation of sources of

revenue • loans, credits, and other

forms of indebtedness • financial & banking

system (including Islamic banking)

• power generation, transmission and distribution


• protection of IPs • ancestral domain &

natural resources • inland waters • fishery, marine and

aquatic resources • environment, parks,

forest management, wildlife, nature reserves & conservation*

• water supplies and services, flood control and irrigation systems

• public works and highways• Shari’ah courts and

Shari’ah justice system • customary laws • customary justice • Hisbah office for

accountability


HB 5811• grants & donations• labor, employment &

occupation

SB 2894• free ports • economic zones and

industrial centers• cadastral land survey• land management, land

distribution, agricultural land use reclassification

• expropriation and eminent domain

• health• registration of births,

marriages, & deaths


SB 2894• barter trade &

countertrade; • business names; • public utilities; • human resources • science & technology • research & scholarships • libraries, museums, etc.

REDUCED Exclusive Powers Already Devolved to ARMM

• REDUCED foreign investments • REDUCED grant leases, permits, and licenses over

agricultural lands and for forest management • HB 5811: REDUCED proclaim state of calamity; enact

legislation on recall; representation in Board of SUCs • SB 2894: REDUCED establish and operate pioneering

public utilities; supervise and regulate private schools • SB 2894: DELETED private-owned public utility or

business; traditional possession of lands; urban land reform and land use; augment any budget item

Framework: Power Sharing

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERSHB 5811 SB 2894

INCREASED Reserved PowersCHANGED to “NATIONAL defense, and NATIONAL security”

CHANGED to “NATIONAL defense, and INTERNAL AND external security”

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


INCREASED Reserved PowersCHANGED to “BANKING, coinage and monetary policy”

CHANGED to “currency and policy direction in the areas of money, CREDIT AND BANKING”

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


INCREASED Reserved PowersAMENDED under cited provision: customs & tariff

AMENDED under cited provision: customs & tariff

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


INCREASED Reserved PowersAMENDED under cited provision: common market & global trade, which includes economic agreements

AMENDED under cited provision: common market & global trade, which includes economic agreements RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


INCREASED Reserved PowersADDED residual powers ADDED residual powers

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


INCREASED Reserved PowersCHANGED to “foreign POLICY”

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


INCREASED Reserved PowersADDED free ports; and banks & non-banks financial institutions under BSP

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


INCREASED Reserved PowersADDED “powers of the Ombudsman”

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Concurrent Powers of BGAMENDED elsewhere: disaster risk reduction & management

DELETED primary jurisdiction, cooperation & coordination in disaster management

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Concurrent Powers of BGCHANGED to “joint responsibility with the National Government over public order & safety”

CHANGED to “PNP shall have primary responsibility over public order & safety”

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Concurrent Powers of BGREPLACED “auditing” with “internal auditing”

CHANGED to “COA shall establish an auditing unit”

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Concurrent Powers of BGADDED “The Civil Service Office will be monitored, regulated, and supervised by the CSC”

ADDED “subject to the minimum standards and guidelines prescribed by the CSC”

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Concurrent Powers of BGDELETED penology & penitentiary; and land registration

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Concurrent Powers of BGAMENDED elsewhere: human rights and humanitarian protection & promotion; and administration of justice

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Exclusive PowersREDUCED local administration, municipal corporations, & other local authorities including the creation of local governments

REDUCED local administration, municipal corporations, & other local authorities including the creation of local governments

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Exclusive PowersAMENDED elsewhere: public administration and bureaucracy

AMENDED elsewhere: public administration and bureaucracy

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Exclusive PowersREDUCED special development programs and laws

MOVED special development programs and laws to concurrent powers

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Exclusive PowersAMENDED elsewhere: general welfare

AMENDED elsewhere: general welfare

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Exclusive PowersAMENDED under cited provision: budgeting

AMENDED elsewhere: budgeting

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Exclusive PowersAMENDED elsewhere: creation of sources of revenue

AMENDED elsewhere: creation of sources of revenue

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Exclusive PowersREDUCED loans, credits, and other forms of indebtedness

DELETED loans & credits, and other forms of indebtedness

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Exclusive PowersAMENDED elsewhere: financial & banking system

MOVED financial & banking system to reserved powers; (Islamic banking to concurrent powers)

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Exclusive PowersAMENDED power generation, transmission and distribution

AMENDED power generation, transmission and distribution

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Exclusive PowersAMENDED elsewhere: inland waters

DELETED inland waters

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Exclusive PowersAMENDED elsewhere: fishery, marine and aquatic resources

REDUCED fishery, marine & aquatic resources

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Exclusive PowersAMENDED elsewhere: water supplies and services, flood control and irrigation systems

DELETED water supplies & services, flood control and irrigation systems

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Exclusive PowersAMENDED elsewhere: public works and highways

AMENDED elsewhere: public works and highways

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Exclusive PowersMOVED protection of IPs from exclusive to concurrent powers

AMENDED elsewhere: protection of IPs

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Exclusive PowersAMENDED elsewhere: ancestral domain & natural resources

AMENDED elsewhere: protection of IPs

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Exclusive PowersAMENDED elsewhere: environment, parks, forest management, wildlife, nature reserves & conservation

MOVED environment, parks, forest management, wildlife, nature reserves & conservation to concurrent powers RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Exclusive PowersAMENDED elsewhere: Shari’ah courts and Shari’ah justice system

REDUCED Shari’ah courts and Shari’ah justice system

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Exclusive PowersAMENDED elsewhere: customary laws

AMENDED elsewhere: customary laws

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Exclusive PowersAMENDED elsewhere: customary justice

AMENDED elsewhere: customary justice

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Exclusive PowersAMENDED elsewhere: Hisbah office for accountability

AMENDED elsewhere: Hisbah office for accountability

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Exclusive PowersREDUCED grants & donationsAMENDED elsewhere: labor, employment & occupation

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Exclusive PowersMOVED free ports to reserved powers MOVED cadastral land survey to concurrent powers RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Exclusive PowersDELETED land management, distribution, etc. REDUCED expropriation and eminent domain RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Exclusive PowersMOVED health to concurrent powers DELETED registration of births, marriages, & deaths RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Exclusive PowersREDUCED barter trade & countertrade; business names; public utilities; and human resources RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED Exclusive PowersMOVED science & technology; research & scholarships; and libraries, museums, etc. to concurrent powers RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


Exclusive Powers already devolved to ARMMREDUCED foreign investments

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED foreign investments

Exclusive Powers already devolved to ARMMREDUCED grant leases, permits, and licenses over agricultural lands and for forest management

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED grant leases, permits, and licenses over agricultural lands and for forest management

Exclusive Powers already devolved to ARMM

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


REDUCED proclaim state of calamity; enact legislation on recall; representation in Board of SUCs

Exclusive Powers already devolved to ARMMREDUCED establish and operate pioneering public utilities; supervise and regulate private schools

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


Exclusive Powers already devolved to ARMMDELETED private-owned public utility or business; traditional possession of lands; urban land reform and land use; augment any budget item

RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


CHANGED Framework: Power Sharing

“all other powers, functions and responsibilities not granted by the 1987 Philippine Constitution or by law to the autonomous regions” RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


RESIDUAL POWERS

2 concurrent powers

10 exclusive powers

DELETED

“all other powers not granted to the Bangsamoro Government by this Basic Law”

RESIDUAL POWERS


RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


“all other powers, functions and responsibilities not granted by the 1987 Philippine Constitution or by law to the autonomous regions”

RESIDUAL POWERS

DELETED 2 concurrent powers

10 exclusive powers

“all other powers not granted to the Bangsamoro Government by this Basic Law”

RESIDUAL POWERS


• REDEFINED reserved powers as those “retained exclusively” by the Central Government

• ADDED “All other powers not granted to the Bangsamoro Government by this Basic Law” as reserved powers

• ADDED “all other powers, functions and responsibilities not granted by the 1987 Philippine Constitution or by law to the autonomous regions” as reserved powers

• CHANGED “cooperate & coordinate through the IGR mechanism” to “cooperate with and assist the National Government” in concurrent powers

• REDEFINED exclusive powers: devolved powers; subject to the Constitution and national laws; without prejudice to the general supervision of the President

HB 5811 SB 2894


RESERVED POWERS

EXCLUSIVE POWERS

CONCURRENT POWERS

RESERVED POWERS

EXCLUSIVE POWERS


NO real exclusi

ve powers

NO real exclusi

ve powers

NO real concurrent

powers


RESERVED POWERS

EXCLUSIVE POWERS

RESERVED POWERS

EXCLUSIVE POWERS

HB 5811 SB 2894

NO real exclusi

ve powers

NO real exclusi

ve powers

NO real concurrent

powers

Delineation of powers NOT clear

CONCURRENT POWERS

CONCURRENT POWERS

CHANGE in FRAMEWORK

• REDEFINED asymmetric relationship within – the framework of the Constitution – the national sovereignty; and– territorial integrity of the Philippines

• On PARITY OF ESTEEM– HB 5811: DELETED parity of esteem– SB 2894: REDEFINED parity of esteem

• DELETED self-determination• REDEFINED self-governance

– SB 2894: ADDED “within its territorial geographical area and subject to the provisions of the 1987 Philippine Constitution and NATIONAL LAWS” without distinction

CHANGE in FRAMEWORK

• The Bangsamoro is now just like any other LOCAL GOVERNMENT UNIT– CHANGE in NOMENCLATURES• NATIONAL Government• Bangsamoro AUTONOMOUS REGION• GEOGRAPHICAL AREA, not territory• SB 2894: Bangsamoro REGIONAL Government

– SB 2894: DELETED PREAMBLE: now an ordinary legislation and not a Basic Law

– SB 2894: CHANGED “political entity” to “political subdivision”

INTERGOVERNMENTAL RELATIONS

• REDUCED role of intergovernmental relations• LIMITED Bangsamoro Participation in Central

Government• DELETED IGR in relation to public order &

safety, national support services of the PNP, and coordination re: movement of troops

HB 5811: INTERGOVERNMENTAL RELATIONS

• DELETED role of Philippine Congress-Bangsamoro Parliament Forum in relation to amendments on the BBL & as regards creation of congressional districts

• REDUCED role of the IGFPB in the review of the block grant formula

• ADDED– Presidential Office for Bangsamoro Affairs– Assistant Solicitor General for Bangsamoro Affairs

SB 2894: INTERGOVERNMENTAL RELATIONS

• CHANGED “intergovernmental relations” to “National Government and Bangsamoro Regional Government relations “

• CHANGED “cooperate & coordinate” to “cooperate with and assist the National Government”

• DELETED “through the intergovernmental mechanism”

• DELETED all other IGR bodies: Intergovernmental Fiscal Policy Board; Bangsamoro Parliament – Philippine Congress Forum

LOCAL GOVERNMENT UNITS

On the Bangsamoro Government and its Constituent Local Government Units• CHANGED “provinces, cities, municipalities, barangays, and

geographic areas” to “provinces, cities, municipalities and barangays”SB 2894– DELETED “The authority to regulate on its own responsibility the

affairs of the local government units is guaranteed within the limit of this Basic Law”

– CHANGED to “The powers, privileges and functions already exercised and enjoyed by the local government units under existing laws shall not in any way be diminished”

– DELETED “unless otherwise altered, modified or reformed for good governance in accordance with a law to be enacted by the Bangsamoro Parliament”


On the Bangsamoro Government and its Constituent Local Government UnitsSB 2894• ADDED “The powers, functions, rights and privileges

already enjoyed by the municipalities over their municipal waters as provided under RA No. 7160 also known as the Local Government Code of 1991, and RA No. 8550, otherwise known as the Philippine Fisheries Code of the Philippines shall not, in any manner, be prejudiced nor diminished” in relation to the exclusive power on fishery, marine and aquatic resources


On the Bangsamoro Government and its Constituent Local Government Units• ADDED “shall not be diminished” as regards

the LGU shares in the revenues derived from the exploration, development and utilization of natural resources– SB 2894: ADDED “and shall be directly remitted

to them”; DELETED “The Bangsamoro Parliament shall enact a law detailing the shares of such local government units”


On RedistrictingHB 5811• DELETED “geographic areas” in relation to the power of the

Bangsamoro Parliament to reconstitute parliamentary districts

SB 2894• DELETED “The Bangsamoro Parliament may by law

undertake new redistricting in order to ensure a more equitable representation of the constituencies in the Bangsamoro Parliament” in the provision regarding District Seats in the Bangsamoro Parliament

• DELETED Section on Redistricting


On the Creation/Reconstitution of LGUs• DELETED “provinces, cities”

– SB 2894: also DELETED “municipalities” such that the Bangsamoro Government may create, divide, merge, abolish or substantially alter boundaries only that of barangays.

• DELETED role of the Philippine Congress – Bangsamoro Parliament Forum

• SB 2894: DELETED “Subject to the criteria provided in said law, the Bangsamoro Parliament may likewise create appropriate local government units in the areas inhabited predominantly by indigenous peoples”


On the Creation/Reconstitution of LGUs• HB 5811: ADDED modes of transfer of LGU

and Congressional District membership of municipalities and barangays

• SB 2894: DELETED Section on the Reconstitution of Local Government Units

BANGSAMORO PARLIAMENT

50%

40%

10%

BANGSAMORO CABINET

DEPUTY CHIEF MINISTER

OTH

ER M

INIS

TERS

WALI

PRESIDENT

SPEAKER

DEPUTY SPEAKER

OTHER OFFICERS

PARTY

DISTRICT

RESERVED

• 2 non-Moro IPs

• 2 settler communities

• 1 women

• least represented sector

general supervision

CHIEF MINISTER

HB 5811: BANGSAMORO PARLIAMENT

More than 1 Deputy Speaker

Deleted limitation on run-off election


2 Deputy Chief

Ministers

Reserved Seat for the YOUTH

No clear provision on the Bangsamoro Cabinet


50%

40%

10%

BANGSAMORO CABINET


OTH

ER M

INIS

TERS

WALI

PRESIDENT

SPEAKER

DEPUTY SPEAKER

OTHER OFFICERS

PARTY

DISTRICT

RESERVED

• 2 non-Moro IPs


• 1 women


general supervision

CHIEF MINISTER

HB 5811: BANGSAMORO PARLIAMENT

More than 1 Deputy Speaker

Deleted limitation on run-off election


2 Deputy Chief

Ministers

Reserved Seat for the YOUTH

No clear provision on the Bangsamoro Cabinet

✗Deleted ALL provisions on the WALI

Dissolve Parliament

Call for a new parliamentary election

Reduced powers of the Bangsamoro Parliament


50%

40%

10%

BANGSAMORO CABINET


OTH

ER M

INIS

TERS

WALI

PRESIDENT

SPEAKER

DEPUTY SPEAKER

OTHER OFFICERS

PARTY

DISTRICT

RESERVED

• 2 non-Moro IPs


• 1 women


general supervision

CHIEF MINISTER

SB 2894: BANGSAMORO PARLIAMENT

840


50%

40%

10%

BANGSAMORO CABINET


OTH

ER M

INIS

TERS

WALI

PRESIDENT

SPEAKER

DEPUTY SPEAKER

OTHER OFFICERS

PARTY

DISTRICT

RESERVED

• 2 non-Moro IPs


• 1 women


general supervision

CHIEF MINISTER


840

labor, youth, sultanates

at least 2 each

Changed to “elected by a majority vote of the Members of Parliament”


50%

40%

10%

BANGSAMORO CABINET


OTH

ER M

INIS

TERS

WALI

PRESIDENT

SPEAKER

DEPUTY SPEAKER

OTHER OFFICERS

PARTY

DISTRICT

RESERVED

• 2 non-Moro IPs


• 1 women


general supervision

CHIEF MINISTER


840

labor, youth, sultanates

at least 2 each

✗Deleted ALL provisions on the WALI

Reduced powers of the Bangsamoro Parliament

Changed to “elected by a majority vote of the Members of Parliament”

administer oath

“consistent with xxx Constitution”

“w/o prejudice”

ELECTORAL SYSTEM

HB 5811• Unclear role of BG in the

adoption of an electoral system

• Bangsamoro Electoral Code no longer a priority legislation; not a factor in the promulgation of rules for regular elections

• REDUCED powers and functions of the Bangsamoro Electoral Office, which is now a mere regional office of the COMELEC

SB 2894• DELETED Bangsamoro

Electoral Code

On Fiscal Autonomy

Fund transfers, including

just share in taxes & wealth

Power to create own sources of revenues

Power to allocate and utilize funds

Central Government

example:

BLOCK GRANT

✗✗

Without the power to create own sources of funds, plus the power to allocate and utilize the same, fund transfers will only further ensure dependence on the Central Government

FISCAL AUTONOMY

Power to allocate and utilize funds• REDUCED budgeting powers– HB 5811: ADDED “All other aspects of budgeting

particularly on budget execution and accountability shall be in accordance with national budgeting laws, rules and regulations”; DELETED power of the Bangsamoro Parliament re: prescribing form, content, and manner of budget preparation

– SB 2894: DELETED power to augment any item in the Bangsamoro GAA from savings in other items

FISCAL AUTONOMY

Power to allocate and utilize funds• REDUCED auditing powers– HB 5811: REPLACED “auditing” with “internal

auditing”; CHANGED “public funds utilized by the Bangsamoro” to “revenues and other funds generated within or by the region from external sources”

– SB 2894: CHANGED to “the COA shall establish an auditing unit in the Bangsamoro Autonomous Region”; DELETED Section on Auditing under Article XI on Fiscal Autonomy

FISCAL AUTONOMY

Power to create own sources of revenue• Taxation & tax incentives –– HB 5811: ADDED “where the majority business income

are derived from Bangsamoro Autonomous Region”; DELETED “including those granted to the RBOI of the ARMM. As part of incentives to investors, the Bangsamoro may opt instead to impose a flat rate lump sum tax on SMEs”

– SB 2894: DELETED IGR to determine modalities for the collection and remittance of national taxes; ADDED “Provided That any grant of exemption in the form of rebate or refund shall be funded from the Bangsamoro Autonomous Region funds or budget.”

FISCAL AUTONOMY

Power to create own sources of revenue• Loans & credits – ADDED reference to the

Constitution– HB 5811: DELETED “except those requiring

sovereign guaranty, which require Central Government approval”; and REPLACED with “in accordance with the Constitution”

– SB 2894: DELETED exclusive power on loans, credits, and other forms of indebtedness; ADDED requirement of prior concurrence by the Monetary Board

FISCAL AUTONOMY

Power to create own sources of revenue• Grants & donations: ADDED “except grants

and donations from foreign governments which require the concurrence of the National Government” to the exclusive power on grants & donations (HB 5811)

• Revenues from GOCCs – DELETED provisions on GOCCs (SB2894)

FISCAL AUTONOMY

Power to create own sources of revenue• Bills, bonds, notes, debentures and obligations:

ADDED “subject to the rules and regulations of the BSP and the SEC”

• Overseas Development Assistance: CHANGED “may avail directly of ODA. The Bangsamoro Parliament may enact legislation governing ODA” to “may avail international assistance in accordance with the ODA law”

• Economic Agreements: CHANGED “subject to the reserved powers of the CG over foreign affairs” to “subject to the approval of the NG”

FISCAL AUTONOMY

Power to create own sources of revenue• Foreign Investments: ADDED “subject to the

provisions of the (1987 Philippine) Constitution”– HB 5811: DELETED “The Central Government

may intervene in such matters only if national security is involved”

– SB 2894: DELETED “only if”

FISCAL AUTONOMY

Power to create own sources of revenue• Transportation & Communications:– SB 2894: DELETED proviso on the

intergovernmental relations body on transportation and communications; DELETED proviso on revenues derived from transportation and communications

FISCAL AUTONOMY

Fund transfers• Annual Block Grant - DELETED “Any unspent

amount in the current year’s block grant shall revert to the Bangsamoro general fund for re-appropriation”– HB 5811 - REDUCED role of Bangsamoro in

formula review– SB 2894 - DELETED proviso re: adjustment of

formula; DELETED role of IGR; CHANGED formula for deductions to the block grant; DELETED IGR & REDUCED role of Bangsamoro in formula review

FISCAL AUTONOMY

Fund transfers• Share in Taxes - ADDED “The share in taxes,

fees, and charges provided under this section are separate and distinct from the annual block grant”– SB 2894 - DELETED proviso on 10-year period of

retention by the BG of the 25% CG share

FISCAL AUTONOMY

Fund transfers• Share in EDU - ADDED “The existing shares of the local

government unit being received shall not be diminished” – HB 5811 – CHANGED “revenues” to “Bangsamoro

revenues” as regards share of IPs in EDU– SB 2894 - CHANGED to “shall pertain fully to its local

government units”; ADDED “and to its constituent local government units”; DELETED “land mass that comprise xxx as well as the waters that are within the territorial jurisdiction of the Bangsamoro” ; ADDED reference to LGC & DELETED power of Bangsamoro Parliament to enact a law as regards LGU share; ADDED reference to IPRA as regards share of IPs in EDU

FISCAL AUTONOMY

Fund transfers, including

just share in taxes & wealth

Power to create own sources of revenues

Power to allocate and utilize funds

✗✗

✗

NATURAL RESOURCES

• ADDED “in accordance with the Constitution and the pertinent provisions of this Basic Law” – SB 2894: Plus “responsible mining policies”

• CHANGED “right to explore, develop and utilize” to “right to the control and supervision over the exploration, utilization, development, and protection”

• DELETED “the natural resources, including surface and sub-surface rights, inland waters, coastal waters, and renewable and non-renewable resources”

NATURAL RESOURCES

• ADDED “strategic minerals such as uranium, petroleum, and other fossil fuels, mineral oils, and all sources of potential energy”

• ADDED “the Bangsamoro (Regional) Government shall be consulted”

• DELETED Section 10 on the Exploration, Development, and Utilization of Fossil Fuels and Uranium

Central Governmen

t

petroleum, natural gas, and coal

NATURAL RESOURCES

• DELETED “Nature Reserves and Protected Areas” – DELETED “The protection, conservation,

rehabilitation, and development of forests, coastal, and marine resources, including the adoption of programs and projects to ensure the maintenance of ecological balance, shall be given priority”

– DELETED “The Bangsamoro Government shall also have the power to declare nature reserves and aquatic parks, forests, watershed reservations and other protected areas in the Bangsamoro”

ENERGY

• HB 5811: REPLACED “When xxx connected to the national transmission grid” with “When xxx connected to the Mindanao grid”– RETAINED “shall be able to interconnect and sell power

over the national transmission grid” • SB 2894: REPLACED “transmission” with “the

island-grid ”– DELETED “xxx to interconnect and sell power over the

national transmission grid to electric consumers”– DELETED “xxx assist electric cooperatives”– CHANGED to “any connection to the national grid shall

subject the power generation, island-grid and distribution to national laws and regulations”

Bangsamoro Government

JOINT

SB 2894: ENERGY

• CHANGED to “any connection to the national grid shall subject the power generation, island-grid and distribution to national laws and regulations”– DELETED “cooperate and coordinate through the

intergovernmental relations mechanism” • ADDED “the currently existing Agus Hydro Power

Complex remain to be regulated by the National Government”

• ADDED “xxx and/or any power generation utilities that may hereafter be established”

TERRITORY

• CHANGED “territory” to “geographical area”• REDEFINED territory: land mass and waters– DELETED “maritime, terrestrial, fluvial and alluvial

domains, and the aerial domain”• DELETED all reference to a “core territory”

SB 2894: TERRITORY

• DELETED INLAND WATERS from the Articles on Territory, Powers of Government (exclusive powers), and Economy and Patrimony

• CHANGED “Bangsamoro Waters” to “Bangsamoro Autonomous Region Waters”

• DELETED “Bangsamoro Waters shall form part of the Bangsamoro”

• DELETED provisions on Zones of Joint Cooperation; Joint Body for the Zones of Joint Cooperation; and other related provisions

TERRITORY• CHANGED “areas” in the 1st plebiscite to “cities and

provinces” (1st PLEBISCITE)HB 58111ST PLEBISCITE• CHANGED “petition of at least

10% of the registered voters in the area” to “petition of at least ten percent 10% of the registered voters in the areas affected”

SUCCEEDING PLEBISCITES• contiguous AND within area of

autonomy• Double majority requirement, i.e.

includes larger LGU• 5th and 10th year only

SB 28941ST PLEBISCITE• DELETED 6 municipalities of

Lanao del Norte and 39 barangays of North Cotabato

SUCCEEDING PLEBISCITES• DELETED opt-in

Pnoy offers solution to ‘scrapped’ opt-in provision in BBL

Mere EO can expand Bangsamoro - PNoy

Senate president: No to opt-in provision of BBL

Senate, House set to remove Bangsamoro bill’s opt-in clause

Even if the “opt-in” provision is not included in the final version of the bill, provinces who wish to join the future Bangsamoro may still do so, he said.

“Yung opt-in in particular, meron tayong mga mechanisms in place, that—at some point in time may probinsiya na gustong sumama to a particular region. Currently, all it takes is an executive order, as what we did with Negros, and what was done before my time in several instances. For instance, ‘yung creation ‘nung Region IV-B.”

“The Congress shall enact an organic act for each autonomous region xxx The creation of the autonomous region shall be effective when approved by majority of the votes cast by the constituent units in a plebiscite called for the purpose, provided that only provinces, cities, and geographic areas voting favorably in such plebiscite shall be included in the autonomous region.” [Art. X, §18, 1987 Constitution]

Region IV-B is an administrative region

OPT-IN: Creeping Expansion?

5 PROVINCES

BasilanLanao del SurMaguindanaoSuluTawi-tawi

2 CITIES

Lamitan Marawi

8 PROVINCES

BasilanCotabatoLanao del SurLanao del NorteMaguindanaoSuluTawi-tawiSultan Kudarat

7 CITIES

Cotabato IliganIsabela KidapawanLamitan Marawi Tacurong

15 PROVINCES

BasilanCotabatoDavao del SurLanao del NorteLanao del SurMaguindanaoPalawanSaranganiSouth CotabatoSultan KudaratSuluTawi-tawiZamboanga del NorteZamboanga del SurZamboanga Sigugay

14 CITIES

Cotabato Isabela DapitanDigosDipologGeneral SantosIliganKidapawanKoronadalLamitan Marawi PagadianPuerto PrinsesaTacurongZamboanga

ARMM OPT-IN (R. Rodriguez) OPT-IN (R. Zamora)

Why Core Territory? Why OPT-IN?

SHARI’AH JUSTICE SYSTEM

HB 5811• ADDED “property”

• ADDED “subject to judicial review by the Supreme Court”

SB 2894• DELETED “and other civil

law matters, commercial law, and criminal law”

• DELETED provisions on the Shari’ah High Court

• DELETED Shari’ah Judicial and Bar Council, Consultant to the Judicial and Bar Council

HB 5811 / SB 2894:• CHANGED “Muslim” to

“subject of the Shari’ah Court System”

SB 2894: NORMALIZATION

• DELETED Special Development Fund• ADOPTED the DDR framework• TIMELINE is different from the agreed frame

and timeline• Parties now include the government in the

decommissioning

BASIC RIGHTS

VESTED PROPERTY RIGHTS• ADDED “Titles secured under the torrens system,

and rights already vested under the provisions of existing laws shall be respected

TRANSITIONAL JUSTICE• CHANGED “to address the legitimate grievances

of the Bangsamoro people” to HB 5811: “the Bangsamoro people, including the non-Moro indigenous peoples” SB 2894: “the inhabitants in the Bangsamoro Autonomous Region”

BASIC RIGHTS

Indigenous Peoples• ADDED Indigenous Peoples Rights Act (IPRA)in

relation to the identification, delineation & titling of ancestral domains, plus:– HB 5811: non-Moro IP rights – SB 2894: non derogation of non-Moro IP rights

under IPRA; share of indigenous communities in the EDU of natural resources found in territories covered by native title; and free and prior informed consent

BASIC RIGHTS

Indigenous Peoples• ADDED “non-Moro (IPs)” as to programs, services,

etc.: Ministry for Non-Moro Indigenous Peoples; identification, delineation & titling of ancestral domains; (traditional or) tribal justice systems – HB 5811: special development programs for non-

Moro IPs; Non-Moro Indigenous Peoples Affairs (Interim Cabinet);

– SB 2894: institute for a culture-based research, training and development to preserve and develop the indigenous knowledge, systems and practices of non-Moro IPs

BASIC RIGHTS

Indigenous Peoples• ADDED “non-Moro (IPs)” as to rights:

Declaration on the Rights of Non-Moro Indigenous Peoples – HB 5811: non-Moro IPs rights – SB 2894: rights and interests of non-Moro IPs

over their ancestral domains/ancestral lands; plus, non-derogation of the rights of non-Moro ICCs under IPRA & related laws

HB 5811: Non-Moro IP’s Rights

• The Bangsamoro Government recognizes the rights of the non-Moro indigenous peoples, and shall adopt measures for the promotion and protection of their rights

• native titles or fusaka inged• indigenous customs & traditions• justice systems • indigenous political structures • equitable share in revenues

from the utilization of resources in their ancestral lands

• free and prior informed consent• political participation in the

Bangsamoro Government including reserved seats for non-Moro IPs in the Bangsamoro Parliament

• basic services • freedom of choice as to their

identity

excludes Moro IPs

SB 2894: Non-Moro IP’s Rights

• CHANGED “indigenous peoples” to “indigenous peoples and other Non-Moro inhabitants”

• CHANGED “right to freedom of choice as to their identity” to “respect for their cultural identity”

• ADDED “right to internal self-determination”

SB 2894: BANGSAMORO IDENTITY

REDEFINED Bangsamoro People• CHANGED to “Those who at the time of

conquest and colonization of the Philippines by the Spaniards xxx”

• DELETED “Sulu archipelago and its adjacent islands including Palawan”

• DELETED “and their descendants”; such that “whether of mixed or of full blood” no longer refers to descendants


REDEFINED Bangsamoro People• ADDED “Provided, That the foregoing profess

the faith of Islam”• DELETED “by ascription or self-ascription”• CHANGED to “Spouses and their descendants,

at their option, shall also be part of Bangsamoro Autonomous Region”

• ADDED “This provision shall not in any way derogate from the provisions of Article IV of the 1987 Philippine Constitution”


DELETED almost all, if not all, reference to Bangsamoro people• CHANGED “Bangsamoro people and other

inhabitants” to “inhabitants” in the provisions wherein the former phrase was used

• Note change from “Bangsamoro” to “Bangsamoro Autonomous Region” or “Bangsamoro Regional Government” even in instances wherein “Bangsamoro” is used in the context of identity


CABBangsamoro Question ARM

M

STATUS QUO IS

UNACCEPTABLE

does NOT address

the unacceptable status

quo

RA 9054etc

CHANGE IN STRUCTURE

ADDRESS CHALLENGEStaking lessons from our “autonomy experimentation”NOTHING LESS

THAN ARMM

GENUINE AUTONOMY

benchmark

“CATCH – UP”

political autonomy

fiscal autonomy

• Bangsamoro Government – Central Government

• Bangsamoro Government – Local Government Units

• Within the Bangsamoro

Recognition of BANGSAMORO IDENTITY

Addressing the challenge of “GOBERNO A SARWANG” & BANGSAMORO ALIENATION

Addressing HISTORICAL INJUSTICE & BANGSAMORO MARGINALIZATION

SOCIAL JUSTICE to address the LEGITIMATE GRIEVANCES

1

2

3

ensurecompliance

POWER SHARING

not just devolution

VIOLATI

ONS

✗NO

LGU

✗

?

?

?

?

CAB VIOLATION/NON-COMPLIANCE

• Nomenclature: Bangsamoro, territory, Central Government

• Parity of esteem• Asymmetric relationship• Power sharing• Territory• Opt-in provision

– 1st plebiscite– succeeding plebiscites

• IGR

• Electoral System• Parliament: wali;

composition• Transitional justice• Vested property rights• Priority legislations,

including Electoral Code• Ancestral domain• Energy• Natural resources (strategic

minerals)

LESS THAN ARMM

• political subdivision, under the category of LGUs

• no plenary powers unlike ARMM

• Power to create provinces and cities

• Participation in National Agencies

• auditing– ARMM has its own regional auditors

• Power over the CSC and primacy in disciplining its employees

• Auditing• Tax incentives• Income tax from banks • Loans & credit• Economic agreements• IPRA applies to

Bangsamoro• Ancestral domain &

ancestral lands • No longer an

independent Human Rights Commission

On the BANGSAMORO QUESTION

The amendments would not help resolve the Bangsamoro Question • Territory and historical injustices– Opt-in provision– Transitional Justice provision– Vested rights

• Political exclusion and patronage politics– Electoral system– Parliamentary System, including Wali

• Shari’ah Law

WHERE ARE WE NOW?SECOND READING THIRD READING

BICAMERAL CONFERENCE COMMITTEE

Period on SPONSORSHIP and DEBATE

Period on AMENDMENTS

Approval of Bill on SECOND READING

Approved • Becomes LAW

No Action• Becomes LAW

after 30 DAYS• NO “pocket

veto”

VETO• Becomes LAW

by 2/3 VOTE of each House

CONFERENCE COMMITTEE REPORT• For

consideration/approval of both Houses

• NO amendment allowed

Calling a Conference

Composition of a Conference• Meet within 10

days after composition

• Committee Chair, Authors

FINAL FORM of the Bill printed & distributed 3 DAYS prior to 3rd reading

Only the NAME & TITLE of the Bill is read

NOMINAL VOTING • APPROVED by

affirmative vote of majority of members present

2 Types:• Committee

Amendments• Individual

Amendments

note number of remaining SESSION DAYS

most unlikely

within 60 days after composition

CONGRESS (PLENARY)

HoR• Period of Interpellations

– Lack of QUORUM– 20+ Representatives

remaining

• Period of Amendments– Sponsorship– Leadership position– Possible amendments:

DELETE opt-in; inland waters as a RESERVED POWER

– Vote on the Amendments

• Vote on the BBL– NOT BLBAR

Senate• Period of Interpellations

– Lack of QUORUM– at least 8 Senators

• Period of Amendments– at least 13 Senators– Amendments??? – Champion in the Senate?– Leadership position– Vote on Amendments

• Vote on the BBL– NOT BLBAR

CONGRESS (BICAM)

• Limited to matters in disagreement between the two chambers

• Similar amendments between SB 2894 and HB 5811, especially on major issues

• Convergence as to number of provisions amended is quite high• “Race to the bottom”

• Senate version is usually the version adopted

TIMELINE

OCTSEPT FEB APRbefore Mar 9

PlenaryBUDGET

28 Sept2015

DEADLINE

Filing of Certificate

of Candidacy

Oct 20153 session

days

9 session

days

NOV DEC JAN

SB 2894: 180 days

Plebiscite for the BBL

BTA is established

Passage of the BBL in Congress

Election for the Bangsamoro

Government by 2016

HB 5811: 120 days

ADJOURN

10 Oct2015

SESSION3 Nov - 18 Dec

2015

SESSION19 Jan – 5 Feb

2016

RESUME22 May

2016

2016Election

s9 May2016

START campai

gnMarch2016

2 May 2016

20 session

days

8 session

days

BUDGETDeliberations

Nov/Dec2 months

BAN on midnight

appointments

OTHER CHALLENGES

• Plebiscite– LGU officials and 2016– Information and misinformation

• Supreme Court– At least six (6) cases have been filed before the

Supreme Court– A case for treason and sedition has been filed in the

RTC against both Panels, the PAPP, and BTC Commissioners

TRO ???

More cases to be filed??SC decisions are not made in a vacuum

Petition in Intervention

HB 5811 and SB 2894: Where is the Bangsamoro in the BLBAR of Congress?

Documents