THE BBL AFTER 3 RD READING Raissa H. Jajurie Bangsamoro Study Group
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THE BBL AFTER 3RD READING
Raissa H. JajurieBangsamoro Study Group
April – May 2018HOUSE
April 16: Committee Meeting• Muslim Affairs: 3 -3• Peace: 6 – 4• Loc Gov: 1 – 9May 15: Committee Report• Muslim Affairs: 27 - 3• Peace: 27 – 3• Loc Gov: 32 – 3May 29: Sponsorship and InterpellationMay 30: Amendments and 3rd Reading• For: 227• Against: 11• Abstain: 2
SENATE
Feb 28
• Sponsorship of Committee Report (SB 1717)
March – May 28: Interpellation
May 29 – 30: Amendments and 3rd Reading
Introduction of amendments
• Mainly fiscal autonomy/ economy and patrimony provisions
• Senate: Drilon and Recto• House: other individual legislators
(Lobregat, Dimaporos)
6 Main Issues
1. In relation to the ARMM2. On fiscal autonomy3. On power sharing 4. Bangsamoro territory5. In relation to the CAB 6. Bangsamoro identity
1. IN RELATION TO THE ARMM
1. In Relation to the ARMM
a. Were the powers of ARMM retained?reduced? enhanced?
b. Does the BBL address the gaps and challenges in the structure experienced by ARMM?
a. Comparison with the ARMM Powers
• Reduced powers:Examples:1. Sharing on collection of national taxes2. Policing3. Transportation & Communication: 4. Tax incentives: 5. Taxes over income of corporations that
operate in the Bangsamoro
a.1 Sharing on collection of national taxes
Senate• CHANGED sharing scheme of “25% CG –
75% BG” to “50% CG – 50% BG”
• DELETED retention clause wherein the share of the Central Government shall be retained by the Bangsamoro Government for a period of 10 years, subject to extension
•
a.2 Policing(Public Order and Safety)
HOUSE AND SENATE• DELETED entire Section on “Public Order and
Safety”, which includes the primary responsibility of the Bangsamoro Government over public order and safety, among others
HOUSE• DELETED all provisions except to say that
the Bangsamoro Regional Police shall be under the PNP
a.2 Policing(Bangsamoro Police)
SENATE• CHANGED “Bangsamoro Police” to “Bangsamoro
Regional Police”• DELETED “shall be organized, maintained, supervised,
and utilized for the primary purpose of law enforcement and maintenance”; REPLACED with “The preservation of peace and order in within the Autonomous Region of the Bangsamoro shall be the responsibility of the Bangsamoro Regional Police which shall be organized, maintained, supervised, and utilized, in accordance with Republic Act No. 6975 xxx”
a.2 Policing (Bangsamoro Police)
SENATE• DELETED “It shall be part of the Philippine National
Police.”; REPLACED with “is an integral part of the Philippine National Police (PNP)”
• DELETED “The Bangsamoro Police shall be professional, civilian in character, regional in scope, effective and efficient in law enforcement, fair and impartial, free from partisan political control, and accountable under the law for its actions.”
a.2 Policing (Bangsamoro Police)
SENATE
• DELETED “It shall be responsible both to the Central Government and the Bangsamoro Government, and to the communities it serves.”
• ADDED “The BRP shall replace the existing Police Regional Office of the Autonomous Region of Muslim Mindanao (PRO ARMM) and shall be one (1) of the Police Regional Offices of the PNP.”
• ADDED “The BRP shall initially be composed of existing PNP personnel in the ARMM or Autonomous Region of the Bangsamoro. In the recruitment of members of the BRP, priority shall be given to the residents of the Autonomous Region of the Bangsamoro, subject to existing laws, rules and regulations on recruitment and training.”
a.2 Policing (Bangsamoro Police)
SENATE• ADDED “To facilitate integration into the PNP of
those from the Autonomous Region of the Bangsamoro, the age, height, and educational attainment requirements may be waived by the NAPOLCOM, subject to existing rules and regulations: Provided, That the requirement of educational attainment should be complied with within fifteen (15) years from integration: Provided, Further, That the rank and grade of bar integrees shall be subject to existing laws, rules and regulations governing the PNP.”
a.2 Policing
(Powers and Functions of the Bangsamoro Police)
HOUSE AND SENATE• DELETED entire Section
(Bangsamoro Police Organization)HOUSE AND SENATE• DELETED entire Section
a.2 Policing(Bangsamoro Police Board)
HOUSE• DELETED entire Section on ”Bangsamoro
Police Board”; REPLACED with an entirely new Section on “Regional Office of the National Police Commission”
SENATE• REPLACED with an entirely new Section
on “National Police Commission Bangsamoro Autonomous Region Office”
a. 2 POLICING(Powers of the Chief Minister Over the Bangsamoro
Police)
SENATE• DELETED “and as ex-officio Chair of the Bangsamoro
Police Board”• DELETED “To select the head of the Bangsamoro Police
and his deputies”• DELETED “and disciplinary powers”• DELETED “The Bangsamoro Police Director shall not
countermand the order of the Chief Minister unless it is in violation of the law”
• DELETED “To impose, after due notice and summary hearings of the citizen’s complaints, administrative penalties on personnel of the Bangsamoro Police, except those appointed by the President”
a.2 POLICING(Law Governing the Bangsamoro Police)
SENATE• REPLACED with an entirely new Section
on “Law Affecting the Bangsamoro Regional Police” to include: “..shall be upon prior consultation with the NAPOLCOM, to ensure their conformity with the policies, plans and programs of the NAPOLCOM and PNP, The annual budget for the BRP shall be included in the annual budget of the PNP.“
a.3 TRANSPORTATION AND COMMUNICATIONS
• RA 6734 provides that the ARMM shall have powers over maritime, land and air transportation and communications that do not affect areas outside the Autonomous Region.
• RA 9054: the ARMM shall have the power to grant franchises, licenses and permits to land, sea and air transportation plying routes in the provinces or cities within the region, and communications facilities whose frequencies are confined to and whose main offices are located within the autonomous region.
a.3 TRANSPORTATION AND COMMUNICATIONS
HOUSE • The issuance of local franchises,
permits, provisional authorities for inter-regional and intra-regional operation of land, air, and water transportation is now a shared power [Section 36, Artcile XIII].
a.4 Tax incentives
• The ARMM Law and Executive Order 458 allow the ARMM Government (through the Regional Board of Investments) to give tax incentives including income tax holidays.
HOUSE• Tax holidays to be granted by the
Bangsamoro can only cover regional taxes
a.5 Taxes over income of corporations that operate in the Bangsamoro
• ARMM: Corporations and other entities with central offices located outside of the region but which have operations within the ARMM shall pay income taxes for income derived from their business operations in the region to the city or municipality where the business operations are located.
SENATE and HOUSE • Empower the Intergovernmental Fiscal Policy Board
to promulgate rules to implement this provision, and even to determinate which entities are to be covered by this rule.
b. Gaps and challenges experienced by the ARMM
b.1 Relationship between the Bangsamoro Government and the LGUs SENATE • Takes away the attempt to correct the structural
defect of disconnection between the ARMM and the LGU; provides that the Bureau of Local Government Finance shall only be a regional office of the national Bureau of Local Government Finance, thereby missing the whole point of providing for a mechanism within the Bangsamoro Government that would connect it to its constituent units.
b.2 Devolution rather than a listing of powers
SENATE • Takes away the delineation of powers:
reserved, concurrent, exclusive
House• Moved exclusive powers to concurrent • Moved exclusive or concurrent powers
to reserved
b.3 Budget and Planning Process
HOUSE• Moved budgeting from the list of exclusive
powers to that of concurrent powers • The Intergrovernmental Fiscal Policy Board shall
allocate funds for health, tourism and infrastructure as priority areas for development
• The form, content, and manner of preparation of the Bangsamoro budget shall be prescribed by law enacted by the Bangsamoro Parliament consistent with the existing laws, rules, and regulations of the National government
b.4 Internal revenue collection
• Allows for 70%-30% sharing (in favor of the ARMM) in the collection of national taxes in the ARMM, but the internal revenue collection is done by the field offices of the Bureau of Internal Revenues, and the collections are pooled together with all collections elsewhere into one fund. Share of the ARMM can only be released after appropriations by Congress
SENATE• Deletes this proposal to where collection shall be
made by the Bangsamoro and the share of Central Government is remitted by the Bangsamoro.
2. FISCAL AUTONOMY
2. Fiscal Autonomy
BLOCK GRANT • Formula/Reduction of the Block Grant• From 6% of the net BIR and BOC collections, the Senate
and the House propose only 5%• IGFPB vis-à-vis regular & automatic releaseHOUSE AND SENATE:• The Intergovernmental Fiscal Policy Board (IGFPB) is
empowered to determine, from time to time, the amounts that must be transferred by the National Government to the Bangsamoro Government, including the manner and mode of transfers, and the standards and conditions therefor
• IGFPB shall allocate funds for health, tourism and infrastructure as priority areas for development.
3. POWER SHARING
3. Power Sharing
SENATE• Deleted delineation of powersHOUSE and SENATE
• Concurrent powers that have been moved to reserved powers:– Quarantine – Penology and penitentiary– Coast guard– Administration of justice– Public order and safety
3. Power Sharing
SENATE• Deleted delineation of powersHOUSE and SENATE
• Concurrent powers that have been moved to reserved powers:– Quarantine – Penology and penitentiary– Coast guard– Administration of justice– Public order and safety
3. Power Sharing
• Exclusive powers that have been moved to concurrent powers:– Health – Power and energy– Natural resources – Public utilities operations – Budgeting– Protection of the right of indigenous peoples – Cadastral land survey– Shari’ah courts and Shari’ah justice system – Islamic banking system
3. Power Sharing
• Exclusive powers that have been moved to concurrent powers:– Transportation and communications – Cultural exchange –Maintenance of public works and
infrastructure – Education and skills training
3. Power Sharing
Reference to national lawsSenate• all the powers of the Bangsamoro
Government shall be exercised not only subject to the provisions of the Constitution but also by national laws
• Specific national laws: Indigenous Peoples’ Rights Act (IPRA), the Labor Code, budgeting laws, rules and regulations, GOCC Governance Act, etc.
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