Article 5 of the Bangsamoro Basic Law Simplified

Powers Of Government

September 2, 2021

Section 1. Reserved Powers

Reserved powers are matters over which authority and jurisdiction are retained by the Central Government. The Central Government shall exercise the following reserved powers:

  1. Defense and external security;
  2. Foreign policy;
  3. Coinage and monetary policy;
  4. Postal service;
  5. Citizenship and naturalization;7
  6. Immigration;
  7. Customs and tariff as qualified by Section 2(10), Article V of this Basic Law;
  8. Common market and global trade, provided that the power to enter into economic agreements given to the ARMM under R.A. 9054 is hereby transferred to the Bangsamoro Government as provided in Article 12, Section 25 of this Basic Law;
  9. Intellectual property rights

Section 2. Concurrent Powers

Concurrent powers shall refer to the powers shared between the Central Government and the Bangsamoro Government within the Bangsamoro, as provided in this Basic Law.

The Central Government and the Bangsamoro Government shall exercise shared powers within the Bangsamoro on the following matters:

  1. Social security and pensions. – The Bangsamoro Government may organize its own social security and pension systems alongside the existing Central Government social security and pension systems.

The Bangsamoro Government and the Central Government through the intergovernmental relations mechanism, and other consultative processes shall, among others, ensure that the investment of the contributions from the members from the Bangsamoro in the Central Government social security and pensions is responsive to their cultural and religious sensitivities.

The future relationship of the Central Government system with the Bangsamoro Government system with respect to new government employees and other qualified individuals in the Bangsamoro shall be further provided for in law duly enacted for the purpose.8

  1. Quarantine. – There is hereby created an office for quarantine services in the Bangsamoro. It shall cooperate and coordinate with its counterpart offices in the Central Government.

  2. Land Registration. – The Bangsamoro Government, in accordance with the land registration system of the Central Government, shall administer land registration in the Bangsamoro territory through an office it shall create for this purpose.

The Bangsamoro Government shall furnish copies of the titles, deeds and other instruments to the relevant Central Government agencies. The Bangsamoro Government can act on consultas.

The Bangsamoro Government may institute processes to promote more efficient registration of lands within the Bangsamoro.

  1. Pollution control -The Central Government and the Bangsamoro Government agencies shall cooperate and coordinate through the intergovernmental relations mechanism on pollution control matters.

  2. Human rights and humanitarian protection and promotion

The Bangsamoro Government may organize its own bodies for human rights and humanitarian protection and promotion that will work cooperatively with relevant national institutions.

  1. Penology and penitentiary

The Central Government and the Bangsamoro Government institutions shall cooperate and coordinate through the intergovernmental relations mechanism on the matter of granting parole and recommending to the President the grant of executive clemency. The Bangsamoro Government shall create an office that shall administer the parole system and recommend the grant of executive clemency to the Office of the President.

The Bangsamoro Government may create and manage jails, penal colonies, and other facilities. It shall ensure the compatibility of these facilities with the national9 jail management and penitentiary system, through the intergovernmental relations mechanism. These facilities are understood to be part of the country’s administration of justice.

  1. Auditing

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 (COA). The Bangsamoro Government shall ensure transparency mechanisms consistent with open government practices.

  1. Civil Service

The Bangsamoro Government shall develop and administer a professional civil service corps, to include the powers and privileges on civil service matters provided in R.A. No. 9054, and without prejudice to the power, authority, and duty of the national Civil Service Commission.

There is hereby created a Bangsamoro Civil Service office that shall develop and administer a professional civil service corps, without prejudice to the power, authority and duty of the national Civil Service Commission. The Bangsamoro Government shall enact a civil service law for this purpose.

This law shall govern the conduct of civil servants, the qualification for non-elective positions, adopt the merit and fitness system, and protect civil service eligibles in various government positions, including government-owned and/or controlled corporations with original charters, in the Bangsamoro.

The Bangsamoro Government shall have primary disciplinary authority over its own officials and employees.

  1. Coastguard

The Central Government shall have primary responsibility over coastguard matters. The Central Government and the Bangsamoro Government shall cooperate and coordinate through the intergovernmental relations mechanism.

  1. Customs and Tariff

The Bangsamoro Government and the Central Government shall cooperate and coordinate through the intergovernmental relations mechanism with regard to the enforcement of customs and tariff laws and10 regulations to ensure the effective exercise of its powers on barter trade and countertrade with ASEAN countries as well as the regulation of the entry of haram goods in the Bangsamoro territorial jurisdiction.

  1. Administration of justice

Administration of justice shall be in accordance with the relevant provisions of this Basic Law and with due regard to the powers of the Supreme Court and the competence of the Bangsamoro Government over Shari’ah courts and the Shari’ah justice system in the Bangsamoro. The supremacy of Shari’ah and its application shall only be to Muslims. 12. Funding for the maintenance of national roads, bridges, and irrigation systems. – The Central Government shall be responsible for the funding, construction and maintenance of national roads, bridges and irrigation systems in the Bangsamoro and shall include in the National Road Network Information System all national roads and bridges in the Bangsamoro.

There shall be coordination through the intergovernmental relations mechanism between the relevant Central Government and Bangsamoro Government agencies on the Central Government on the matter of national roads, bridges, and irrigation systems within the Bangsamoro.

The Bangsamoro Government shall submit proposals to the appropriate national government agency for the inclusion of the cost of such maintenance in the latter’s budget that shall be submitted to Congress for inclusion in the General Appropriations Act. Funding for national roads, bridges, and irrigation systems shall be regularly released to the relevant department of the Central Government.

  1. Disaster risk reduction and management. – The Bangsamoro Government shall have primary responsibility over disaster risk reduction and management within the Bangsamoro. There shall be cooperation and coordination among relevant Central Government and Bangsamoro Government agencies on disaster risk reduction and management. There is hereby created a Bangsamoro Disaster Risk Reduction and Management Council (BDRRMC), with powers and functions that11 shall be defined by the Bangsamoro Parliament in a law on disaster preparedness and response. The BDRRMC shall formulate the Bangsamoro Disaster Risk Reduction and Management Plan, which shall complement the National Disaster Risk Reduction and Management Framework and Plan of the Central Government. Additionally, the BDRRMC, through its Chair, the Chief Minister, may recommend to the President the mobilization of resources of national defense in times of disasters in the Bangsamoro.

  2. Public order and safety. – The Bangsamoro Government shall have primary responsibility over public order and safety within the Bangsamoro. It shall have powers over public order and safety including those related to jail management, fire prevention, and trainings on public safety. The Central Government and the Bangsamoro Government shall cooperate and coordinate through the intergovernmental relations mechanism.

Section 3. Exclusive Powers

Exclusive powers are matters over which authority and jurisdiction shall pertain to the Bangsamoro Government. The Bangsamoro Government shall exercise these powers over the following matters within the Bangsamoro:

  1. Agriculture, livestock and food security;
  2. Economic and cultural exchange;
  3. Contract loans, credits, and other forms of indebtedness with any government or private bank and other lending institutions, except those requiring sovereign guaranty, which require Central Government approval;
  4. Trade, industry, investment, enterprises and regulation of businesses taking into consideration relevant laws;
  5. Labor, employment, and occupation;12
  6. Registration of business names, with the Bangsamoro Government listing these in the Philippine Business Registry for business names;
  7. Barter trade and countertrade with ASEAN countries;
  8. Economic zones and industrial centers;
  9. Free ports

The Bangsamoro Government may establish free ports in the Bangsamoro. The Bangsamoro Government shall cooperate with the Central Government through the intergovernmental relations mechanism on customs, immigration, quarantine service, and international commitments. Business and other enterprises operating within the Bangsamoro free ports shall be entitled to the fiscal incentives and other benefits provided by the Central Government to special economic zones. Bangsamoro free ports shall be contiguous/adjacent to seaport or airport within the Bangsamoro;

  1. Tourism
  2. Creation of sources of revenue
  3. Budgeting
  4. Financial and banking system

This is without prejudice to the power of supervision of the Bangko Sentral ng Pilipinas (BSP) and provided further that the Bangsamoro Government, the BSP, the Department of Finance (DOF), and the National Commission on Muslim Filipinos (NCMF) shall jointly promote the development of the Islamic banking system, to include among others the establishment of a Shari’ah supervisory board

  1. Establishment of government-owned and/or controlled corporations (GOCCS) and financial institutions

The Bangsamoro Government shall legislate and implement the creation of its own GOCCs in the pursuit of the common good, and subject to economic viability. The GOCCs shall be registered with the Securities13 and Exchange Commission or shall be established under legislative charter by the Bangsamoro Government

  1. The Bangsamoro Government shall have authority to regulate power generation, transmission, and distribution operating exclusively in the Bangsamoro and not connected to the national transmission grid.

It shall promote investments, domestic and international, in the power sector industry in the Bangsamoro. Power plants and distribution networks in the Bangsamoro shall be able to interconnect and sell power over the national transmission grid to electric consumers.

The Bangsamoro Government may assist electric cooperatives in accessing funds and technology, to ensure their financial and operational viability. When power generation, transmission, and distribution facilities are connected to the national transmission grid, the Central Government and the Bangsamoro Government shall cooperate and coordinate through the intergovernmental relations mechanism

  1. Public utilities operations in the Bangsamoro

In case of inter-regional utilities, there shall be cooperation and coordination among the relevant government agencies

  1. Receive grants and donations;
  2. Education and skills training;
  3. Science and technology;
  4. Research councils and scholarships;
  5. Culture and language;
  6. Sports and recreation;
  7. Regulation of games and amusement operations within the Bangsamoro;14
  8. Libraries, museums, historical, cultural and archaeological sites

The Bangsamoro Government shall have the power to establish its own libraries and museums, and declare historical and cultural sites. The Central Government shall transfer the management of such sites currently under the jurisdiction of the National Museum, National Historical Commission, and other agencies of the Central Government, to the Bangsamoro Government or local governments therein following certain processes through the intergovernmental relations mechanism.

With regard to archaeological sites, the Bangsamoro Government shall coordinate with relevant agencies of the Central Government on the regulation, excavation, preservation, and exportation of cultural properties, as well as on the recovery of lost historical and cultural artifacts.

  1. Regulations on manufacture and distribution of foods, drinks, drugs and tobacco for the welfare of the Bangsamoro;
  2. Hajj and Umrah

The Bangsamoro Goverment shall have primary jurisdiction over Hajj and Umrah matters affecting pilgrims from within the Bangsamoro. The Central Government shall have competence over Hajj and Umrah matters affecting pilgrims coming from outside the Bangsamoro. There is hereby created a Bangsamoro pilgrimage authority that shall act in close coordination with Central Government on hajj and umrah matters involving offices and agencies outside the Bangsamoro.

  1. Customary laws
  2. Declaration of Bangsamoro holidays
  3. Ancestral domain and natural resources
  4. Protection of the rights of the indigenous people in the Bangsmoro in accordance with the United Nations Declaration on the Rights of Indigenous Peoples, and taking into account in addition to economic and geographical criteria, their15 individual and communal property rights, cultural integrity, customary beliefs, historical and community traditions. The Bangsamoro Parliament shall create an appropriate office or ministry for the Indigenous Peoples, which shall be part of the Bangsamoro Cabinet to develop and implement the Bangsamoro programs for the indigenous peoples in accordance with a law passed by the Parliament
  5. Land management, land distribution, and agricultural land use reclassification.

The classification of public lands into alienable and disposable lands shall be initiated and recommended by the Bangsamoro Government to the President for the timely implementation of Bangsamoro development plans and targets;

  1. Cadastral land survey

The Bangsamoro Government shall have the authority to conduct cadastral surveys, lot surveys, and isolated and special surveys in the Bangsamoro. The Bangsamoro Government shall furnish the results of these surveys to, and coordinate with, relevant Central Government agencies to effect inclusion into national cadastral survey

  1. Expropriation and eminent domain;

  2. Environment, parks, forest management, wildlife, nature reserves and conservation.

The Bangsamoro Government shall have the authority to protect and manage the environment. It shall have the power to declare nature reserves and aquatic parks, forests, and watershed reservations, and other protected areas in the Bangsamoro;

  1. Inland waterways for navigation
  2. Inland waters
  3. Management, regulation and conservation of all fishery, marine and aquatic resources within the Bangsamoro territorial jurisdiction;
  4. Bangsamoro settlements;16
  5. Customary justice
  6. Shari’ah courts and Shari’ah justice system;
  7. Public administration and bureaucracy for the Bangsamoro;
  8. Health, provided that the Central Government and the Bangsamoro Government shall cooperate with and assist each other in the prevention and control of epidemic and other communicable diseases;
  9. Social services, social welfare and charities;
  10. Waste Management;
  11. Establishment and supervision of humanitarian services and institutions;
  12. Identification, generation and mobilization of international human resources for capacity building and other activities involving the same within the Bangsamoro. The Central Government shall cooperate with and assist the Bangsamoro Government towards ensuring access to such relevant human resources through the intergovernmental relations mechanism;
  13. Establishment of Awqaf (endowment) and charitable trusts;
  14. Hisbah office for accountability as part of the Shari’ah justice system;
  15. Registration of births, marriages, and deaths, copies of which shall be forwarded to the Philippine Statistics Authority;
  16. Housing and human settlements;
  17. Development planning;17
  18. Urban and rural development;
  19. Water supplies and services, flood control and irrigation systems in the Bangsamoro, provided that with regard to water supplies and services, flood control and irrigation systems that connect to or from facilities outside the Bangsamoro, there shall be cooperation and coordination between the Bangsamoro Government and the appropriate Central or local government bodies
  20. Public works and highways within the Bangsamoro
  21. Establishment of appropriate mechanisms for consultations for women and marginalized sectors
  22. Special development programs and laws for women, the youth, the elderly, labor, the differently-abled, and indigenous cultural communities
  23. Local administration, municipal corporations and other local authorities including the creation of local governments

The Bangsamoro Government shall manage and build its own bureaucracy and administrative organization, in accordance with the ministerial form of government

The Bangsamoro Parliament may create, divide, merge, abolish or substantially alter boundaries of provinces, cities, municipalities or barangays in accordance with a law enacted by the Bangsamoro Parliament, and subject to the approval by a majority of the votes cast in a plebiscite in the political units directly affected.

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

However, when such acts require the creation of a congressional district, the Bangsamoro Government shall cooperate and coordinate with Central Government through the Philippine Congress – Bangsamoro Parliament Forum to prioritize the deliberations on the creation of the congressional district; and18

  1. Establishment or creation of other institutions, policies and laws for the general welfare of the people in the Bangsamoro.

Section 4. Other Exclusive Powers

The following powers and competencies previously granted to the Autonomous Region in Muslim Mindanao (ARMM) under R.A. No. 6734, as amended by R.A. No. 9054, are hereby transferred to the Bangsamoro Government as part of its exclusive powers:

a. To regulate and exercise authority over foreign investments within its jurisdiction. The Central Government may intervene in such matters only if national security is involved; b. To proclaim a state of calamity over its territorial jurisdiction or parts thereof whenever typhoons, flash floods, earthquakes, tsunamis, or other natural calamities cause widespread damage or destruction to life or property in the region. The state of calamity proclaimed by the Chief Minister shall only be for the purpose of maximizing the efforts to rescue imperiled persons and property and the expeditious rehabilitation of the damaged area c. To temporarily take over or direct operation of any privately-owned public utility or business affected with public interest, in times of state of calamity declared by the Chief Minister, when the public interest so requires and under such reasonable terms and safeguards as may be prescribed by the Parliament. The public utility or business concerned may contest the take-over of its operations by the Bangsamoro Government by filing a proper case or petition with the Court of Appeals d. To recognize constructive or traditional possession of lands and resources by indigenous cultural communities subject to judicial affirmation, the petition for which shall be instituted within a period of ten (10) years from the effectivity of this Basic Law. The procedure for judicial affirmation of imperfect titles under19 existing laws shall, as far as practicable, apply to the judicial affirmation of titles to ancestral lands e. To adopt and implement a comprehensive urban land reform and land use program, to ensure the just utilization of lands within its jurisdiction; f. The Bangsamoro Parliament shall have the following powers:

  1. To enact legislation on the rights of the people of the Bangsamoro to initiate measures for the passage, amendment or repeal of regional or local legislation; to be consulted on matters that affect their environment; to call for a referendum on important issues affecting their lives; and, to recall regional or local officials;
  2. To conduct inquiries or public consultations in aid of legislation in accordance with its rules. In connection therewith, it shall have the power to issue subpoena or subpoena duces tecum to compel the attendance of witnesses and the production of papers, documents, or things by witnesses or persons under investigation by the Parliament, itself, or by any of its committees.

It shall also have the right to cite witnesses or persons under investigation for contempt for refusal to testify before it or before any of its committees or to produce papers, documents or things required by the Parliament or any of its committees. The rights of persons appearing in or affected by such inquiries shall be respected; 3. To enact a law that would allow the Chief Minister, Speaker of the Parliament and the Presiding Justice of the Bangsamoro Shari’ah High Court to augment any item in the Bangsamoro General Appropriations Law for their respective offices from savings in other items of their respective appropriations; 4. To enact a law that shall regulate the grant of franchises and concessions, and empower the Chief Minister to grant leases, permits, and licenses over agricultural lands and for forest management;20 g. To create pioneering firms and other business entities needed to boost economic development in the Bangsamoro; h. To establish and operate pioneering public utilities in the interest of regional welfare and security. Upon payment of just compensation, it may cause the transfer of the ownership of such utilities to cooperatives or other collective organizations; i. To support and encourage the building up of entrepreneurial capability in the Bangsamoro and to recognize, promote, and protect cooperatives; j. To supervise and regulate private schools in the Bangsamoro and to allow for the participation of three (3) representatives of private schools in the deliberations of the appropriate Bangsamoro Government’s ministry or office on matters dealing with private schools; k. To be represented in the board of the state universities and colleges (SUCs) in the Bangsamoro by the Chair of the appropriate committee of the Bangsamoro Parliament, either as co-chair or co-vice chair. The SUCs within the Bangsamoro shall be considered part of the Bangsamoro educational system. This notwithstanding, these SUCs shall enjoy academic freedom and fiscal autonomy and shall continue to be governed by their respective charters; l. To supervise, through the appropriate ministry, the accredited madaris in the Bangsamoro; m. To conduct periodic competitive qualifying examinations of madaris teachers for permanent appointments to the Bangsamoro education system; n. To adopt measures to protect and promote the rights of people’s organizations and other collective organizations;21 o. To adopt measures for the protection of the youth in the Bangsamoro and the promotion of their welfare, and to create the appropriate office and other mechanisms for the implementation of such measures; p. To enforce the policy against the appointment or designation of any member of the Armed Forces of the Philippines in the active service to a civilian position in the Bangsamoro Government, including government-owned and/or -controlled corporations, or in any of their subsidiaries or instrumentalities within the Bangsamoro.

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