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 SECTIONS HB 5811 AMENDED 215 Sections Plus, 4 NEW 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%) AMENDED Note that the numbers/percentages do NOT reflect the entire picture, i.e. context & impact of the amendments it is not so much the numbers/percentages that matter, but rather, what provisions were amended & what was the nature of the amendment amendments regarding nomenclatures are NOT minor amendments and should actually be a factor in the final tally. (HB 193 = 79.8%; SB 239 = 98.9%) comparing 47% & 76% (or 80% & 99%), does it mean that the HB is infinitely better than the SB? of course NOT, as we would see in the succeeding slides ADD: nomenclatures 80% ADD: nomenclatures 99%

RIGHT to SELF-DETERMINATION
BASIC PREMISES 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 Context Self-determination struggle First and foremost, the BBL should be viewed within the context of this RSD assertion

RIGHT to SELF-DETERMINATION
BASIC PREMISES RIGHT to SELF-DETERMINATION GPH – MILF Peace Talks CAB Bangsamoro Basic Law 17 years of negotiations The CAB encapsulates the minimum acceptable expression of RSD for the Bangsamoro The proposed BBL reflects the CAB & is a mutually agreed version The GPH will not bring up the Constitution & the MILF will refrain from raising independence as an agenda As a social justice legislation, the BBL was drafted & should be interpreted within the flexibilities of the Constitution Context Second, the BBL must also be situated within the context of the GPH-MILF peace negotiations – Note: talks were with the GPH and NOT just the executive branch of government 17 years of negotiation – The BBL was in no way rushed; it is the product of this 17 years of negotiations, over which period, various consultations, discussions & for a were conducted with the different stakeholders within and outside the Bangsamoro The GPH will not bring up the Constitution and the MILF will refrain from raising independence as an agenda Single agenda of how to resolve the Bangsamoro Question Third, the BBL is a product of the CAB The CAB encapsulates the minimum acceptable expression of RSD for the Bangsamoro The CAB builds on previous agreements – Even the BBL, while largely based on the CAB, also builds on previous agreements (e.g. the 42 consensus points as contained in the amendatory bill to RA 9054) Lastly, on the Bangsamoro Basic Law The proposed BBL reflects the CAB and is a mutually agreed version – (1) Some, if not most, of the provisions in the original draft were lifted verbatim from the CAB. Thus, amendments thereto are, to a large extent, violations of the CAB. (2) The BBL itself is an agreement between the Parties. It passed through a long process: BTC drafting process, OP review, then back to the BTC, raised to the GPH & MILF Panels, then OP & the MILF. As a social justice legislation, the BBL was drafted & should be interpreted within the flexibilities of the Constitution – (1) The surviving members of the 1986 Constitutional Commission stated that “Bangsamoro is about the development of people, not about the constitutionality of words xxx n interpretation of any relevant provision of the Constitution that results in war and abject poverty would be contrary to its intention. (2) law and legal attitudes change with time. (3) The Constitution was considered in the drafting and in the long process of review of the BBL before it was submitted to Congress. After having passed through Congress, the BBL shall become national law – The BBL is at par with other national laws. The BBL is a BASIC law – to those that still lobby for “enhancements”, the details you seek would be more appropriate for future legislation by the Bangsamoro Parliament, in the exercise of its exclusive powers. The CAB builds on previous agreements Single agenda on how to resolve the Bangsamoro Question After enactment & ratification, the BBL shall become national law

3 1 2 RIGHT to SELF-DETERMINATION CAB ARMM Bangsamoro Question
BASIC PREMISES RIGHT to SELF-DETERMINATION 3 “failed experiment” Bangsamoro Question CAB STATUS QUO IS UNACCEPTABLE ARMM 1 Recognition of BANGSAMORO IDENTITY CHANGE IN STRUCTURE ensure compliance Bangsamoro Government – Central Government Bangsamoro Government – Local Government Units Within the Bangsamoro Addressing HISTORICAL INJUSTICE & BANGSAMORO MARGINALIZATION POWER SHARING not just devolution political autonomy Much of the debate and deliberations on the BBL focused on its constitutionality and legality, plus on just how inclusive the BBL really is. Rather on focusing on the same guideposts (again, given the basic premises earlier stated, i.e. previous slide) we should consider (1) the Bangsamoro, (2) the CAB, and (3) the ARMM in evaluating proposed amendments to the BBL Framework The CAB is a comprehensive, integrated proposed solution to the BM Question Redefining the inequitable and unacceptable status quo Changing the Status Quo and not just the “Status Ko”. Addressing the historical injustice and Bangsamoro marginalization Social justice to address the legitimate grievances and historical injustice Addressing the challenge of “Goberno a Sarwang” and Bangsamoro alienation Power sharing and not just devolution Guarantee of Fiscal autonomy Equitable share and entitlement on natural resources Taking lessons from our “autonomy experimentation” A mechanism for continuing negotiation, IGR GENUINE AUTONOMY fiscal autonomy SOCIAL JUSTICE to address the LEGITIMATE GRIEVANCES “CATCH – UP” ADDRESS CHALLENGES taking lessons from our “autonomy experimentation” benchmark 2 Addressing the challenge of “GOBERNO A SARWANG” & BANGSAMORO ALIENATION NOTHING LESS THAN ARMM RA 9054 etc

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 CENTRAL GOVERNMENT BANGSAMORO GOVERNMENT RESERVED POWERS EXCLUSIVE POWERS as contained in the Annex on Power Sharing and as further provided for in the Bangsamoro Basic Law Note: This also answers one of the fundamental problems of the ARMM as regards unclear delineation of powers and the unending devolution process. CONCURRENT POWERS

Article V on Powers of Government
HB 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 100 powers Total exclusive powers: 77 Note number of amendments found elsewhere in HB 5811  result: conflicting provisions & unclear delineation of powers

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 In the expanded ARMM Organic Act, banking is not a reserved power and in fact certain provisions provides for the entry of “off-shore banking units” and power of taxation of income tax of banks and non-bank financial institutions is aleady given to the ARMM. The 1996 GRP-MNLF Final Peace Agreement recognized the pivotal role of banking and other financial institutions. By putting banking in the reserved power of the government this is now the sole prerogative of the Central Government leaving the Bangsamoro without any policy tools to demand banking services as a matter of right on RESIDUAL POWERS: ADDED residual powers [H] “All other powers not granted to the Bangsamoro Government by this Basic Law” / [S] “all other powers, functions and responsibilities not granted by the 1987 Philippine Constitution or by law to the autonomous regions”

HB 5811: ADDED powers of the Ombudsman SB 2894: CHANGED “foreign affairs” to “foreign policy” ADDED free ports; and banks & non-banks financial institutions under BSP re: POWERS OF OMBUDSMAN Violates CAB enumeration of reserved powers. Plays no other purpose save to undermine the power already granted the ARMM re primacy in the discipline of its employees. re: FREE PORTS TRANSFERRED free ports from exclusive powers to reserved powers; CHANGED “shall cooperate with the Central Government” to “shall coordinate with and assist the National Government”; DELETED “through the intergovernmental relations mechanism”

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 The power to enact laws, rules, and regulations governing the regional police was deleted. RA 9054 empowered the RLA to enact laws to govern the Regional Police Force (RA 9054, Article XIII, Sec. 3) The following powers of the Regional Governor over the regional police were deleted: i. To recommend to the President the appointment of the regional director and his deputies (RA 9054, Article XIII, Sec. 8d) To exercise operational control and supervision and disciplinary powers over the Bangsamoro Police (RA 9054, Article XIII, Sec. 8b) To employ or deploy the elements of and assign or reassign the Bangsamoro Police through the Bangsamoro Police Director (RA 9054, Article XIII, Sec. 8c) To directly impose administrative penalties on personnel of the Bangsamoro Police which, according to SB 2894, can only be done through the PLEB. (RA 9054, Article XIII, Sec. 8f) AUDITING HB 5811 REDEFINED scope/coverage DELETED role of Bangsamoro Government re: transparency mechanisms SB 2894 DELETED provision on Auditing under Article XI on Fiscal Autonomy CIVIL SERVICE CHANGED to “Civil Service Office for the Bangsamoro Autonomous Region” ADDED “The Civil Service Office will be monitored, regulated, and supervised by the Civil Service Commission” On disciplinary authority DELETED “primary” ADDED “without prejudice to xxx Office of the Ombudsman xxx” CHANGED “professional civil service corps” to “organizational structure and staffing pattern” ADDED “CSC shall create a Bangsamoro Autonomous Regional Civil Service Office” The power to enact a civil service law was deleted. (RA 9054, Article VI, Sec. 13)

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 The national CHR is compelled to create the Bangsamoro Autonomous Region Human Rights Office while at the same time allowing the Bangsamoro Government to organize its own human rights body under concurrent powers. Note that the existing Regional Human Rights Commission in ARMM is a creation of the Regional Legislative Assembly and has a complementary relationship with the national CHR (RA 9054, Article III, Sec. 16) ADDED “Subject to the provisions of the 1987 Philippine Constitution and national laws”

SB 2894: REDUCED powers over social security & pensions; quarantine; pollution control; coastguard; and customs & tariff DELETED penology & penitentiary; and land registration The national CHR is compelled to create the Bangsamoro Autonomous Region Human Rights Office while at the same time allowing the Bangsamoro Government to organize its own human rights body under concurrent powers. Note that the existing Regional Human Rights Commission in ARMM is a creation of the Regional Legislative Assembly and has a complementary relationship with the national CHR (RA 9054, Article III, Sec. 16) ADDED “Subject to the provisions of the 1987 Philippine Constitution and national laws”

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 POWER TO CREATE OTHER LGUs: now limited to barangays. (RA 9054, Article VI, Sec. 19 as qualified by the case of Sema vs. COMELEC) CONTRACT LOANS, CREDITS, AND OTHER FORMS OF INDEBTEDNESS: RA 9054 grants the Regional Governor the power (as authorized by the Regional Legislative Assembly) to contract foreign or domestic loans (RA 9054, Article IX, Sec. 14).

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 NATURAL RESOURCES; INLAND WATERS: RA 9054 granted ARMM the authority, power, and right to EDU natural resources, including surface and sub-surface rights, inland and coastal waters, and renewable and non-renewable resources in the autonomous region. (RA 9054, Article III, Sec. 8). RA 7160 (Local Government Code) likewise granted municipalities jurisdiction over municipal waters which includes, among others, streams, lakes, tidal waters, and marine waters. PROTECTION OF INDIGENOUS PEOPLES: Under RA 9054, the Regional Government shall undertake measures to protect the ANCESTRAL DOMAIN and ancestral lands of indigenous cultural communities (RA 9054, Article X, Sec. 1) and the Regional Assembly shall provide for the codification of indigenous laws and compilation of customary laws of the Muslims and the indigenous cultural communities in the autonomous region (RA 9054, Article VIII, Sec. 21). The said law also provides that the fundamental rights and duties of the people in the autonomous region are those defined in the Constitution and the Organic Act, the Geneva Convention, the United Nations Charter, the United Nations Declaration on the Rights of Indigenous Communities, the International Declaration on Human Rights, as well as those prescribed in all the laws, practices, and principles binding upon members of the community of nations. (RA 9054, Article III, Sec. 15) The exclusive power over WATER SUPPLIES AND SERVICES, FLOOD CONTROL, AND IRRIGATION SYSTEMS in the Bangsamoro was deleted. RA 9054 already grants the Regional Government the power to adopt and implement a water use program (RA 9054, Article XI, Sec. 4), directs the Regional Government to provide, maintain, and ensure water resource development and maintain appropriate disaster- preparedness units (RA 9054, Article III, Sec. 11). Jurisdiction of SHARI’AH COURTS limited to persons and family relations. RA 9054 empowers the Regional Legislative Assembly to formulate a Shari’ah legal system that covers cases involving persons, family, and property relations, commercial transactions, and criminal cases involving Muslims (RA 9054, Article III, Sec. 5) Provisions on the creation of the Shari’ah High Court were deleted. The counterpart in RA 9054 is the Shari’ah Appellate Court (RA 9054, Article VIII, Sec. 7).

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 ARMM already exercises the power to receive GRANTS AND DONATIONS, as provided in Section 12, Article IX of RA 9054 The Bangsamoro Government’s power to create ECONOMIC ZONES AND INDUSTRIAL ESTATES is now made subject to application with and the approval of the Philippine Export Zone Authority (PEZA). RA 9054 empowered the Regional Government to create a Regional Export Zone Authority (REZA) which performs the functions of PEZA, in addition to those that may be further provided in a regional law, within the region. (RA 9054, Article XII, Sec. 4). Likewise, the exclusive power over FREE PORTS is now a reserved power of the National Government. RA 9054 includes free ports in the jurisdiction of the Regional Export Zone Authority (RA 9054, Article XII, Sec. 4) The exclusive power over CADASTRAL LAND SURVEY. The functions of the DENR relevant to cadastral land surveys were transferred to ARMM by virtue of Executive Order No. 425, s and further effected by Administrative Order No. 81, s The exclusive power over LAND MANAGEMENT, LAND DISTRIBUTION, AND AGRICULTURAL LAND USE RECLASSIFICATION was deleted. RA 9054 mandates the ARMM to adopt a comprehensive urban land reform and land and water use program (RA 9054, Article XI, Sec. 4). The Regional Assembly may enact an agrarian reform law suitable to the special circumstances prevailing in the autonomous region (RA 9054, Article X, Sec. 8). Under the LGC, cities and municipalities are given the power to reclassify lands subject to the limitations contained therein (LOCAL GOVERNMENT CODE, Sec. 20). The exclusive power over HEALTH. RA 9054 mandated the Regional Government to provide, maintain, and ensure the delivery of, among others, basic and responsive health programs (RA 9054, Article III, Sec. 11) The exclusive power over REGISTRATION OF BIRTHS, MARRIAGES, AND DEATHS was deleted. RA 9054 empowers the Regional Legislative Assembly to enact laws on registration of births, marriages, and deaths within the region (RA 9054, Article XV, Sec. 2). Furthermore, RA 7160 mandates cities and municipalities to appoint a civil registrar to perform within the local government unit the civil registration program pursuant to the Civil Registry Law, the Civil Code, and other pertinent laws, rules, and regulations.

SB 2894 barter trade & countertrade; business names; public utilities; human resources science & technology research & scholarships libraries, museums, etc. The power to temporarily take over or direct operation of PRIVATELY- OWNED PUBLIC UTILITY OR BUSINESS affected with public interest in times of state calamity was deleted. (RA 9054, Article XII, Sec. 12) The exclusive power over SCIENCE AND TECHNOLOGY. RA 9054 grants the RLA the power to enact laws on science and technology (RA 9054, Article XIV, Sec. 16) The exclusive power over RESEARCH COUNCILS AND SCHOLARSHIPS. A comparable power or competency was already devolved to the ARMM. RA 9054 enjoins the Regional Government to provide scholarships to qualified poor but deserving students in all levels of education. The Regional Government shall administer the scholarship programs of the Commission on Higher Education and the Technical Education and Skills Development Authority scholarship programs, both local and foreign within the region (RA 9054, Article XIV, Sec. 20). It shall provide financial assistance to disadvantaged but deserving students from any funds including those provided by the central government or national government for that purpose (RA 9054, Article XIV, Sec. 21) The exclusive power over LIBRARIES, MUSEUMS, HISTORICAL, CULTURAL, AND ARCHAEOLOGICAL SITES. Under RA 9054, the Regional Government shall recognize, respect, protect, preserve, revive, develop, promote, and enhance the culture, customs, traditions, beliefs, and practices of the people of the autonomous region. It shall encourage and undertake the recovery, collection, collation, and restoration of historical and cultural properties for posterity (RA 9054, Article XIV, Sec. 26). The Regional Assembly may, by law, create a bureau on cultural heritage which shall plan, initiate, implement, and monitor cultural programs, projects, and activities that preserve and enhance the positive elements of the indigenous culture of the inhabitants of the autonomous region (RA 9054, Article XIV, Sec. 27).

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 Note: ALL of these reduced powers should be in RED font as ALL are obviously LESS THAN ARMM

Framework: Power Sharing
RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS To VISUALIZE the change in the framework brought about by the amendments on the provisions on the powers of government… CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

CHANGED to “NATIONAL defense, and NATIONAL security” CHANGED to “NATIONAL defense, and INTERNAL AND external security” RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

CHANGED to “BANKING, coinage and monetary policy” CHANGED to “currency and policy direction in the areas of money, CREDIT AND BANKING” RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

AMENDED under cited provision: customs & tariff AMENDED under cited provision: customs & tariff RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

AMENDED 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 RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

ADDED residual powers ADDED residual powers RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

CHANGED to “foreign POLICY” RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

ADDED free ports; and banks & non-banks financial institutions under BSP RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

ADDED “powers of the Ombudsman” RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

AMENDED elsewhere: disaster risk reduction & management DELETED primary jurisdiction, cooperation & coordination in disaster management RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

CHANGED 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 RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

REPLACED “auditing” with “internal auditing” CHANGED to “COA shall establish an auditing unit” RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS HB 5811 REDEFINED scope/coverage DELETED role of Bangsamoro Government re: transparency mechanisms SB 2894 DELETED provision on Auditing under Article XI on Fiscal Autonomy CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

ADDED “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 RESERVED POWERS EXCLUSIVE POWERS HB 5811 CHANGED to “Civil Service Office for the Bangsamoro Autonomous Region” ADDED “The Civil Service Office will be monitored, regulated, and supervised by the Civil Service Commission” On disciplinary authority DELETED “primary” ADDED “without prejudice to xxx Office of the Ombudsman xxx” SB 2894 CHANGED “professional civil service corps” to “organizational structure and staffing pattern” ADDED “CSC shall create a Bangsamoro Autonomous Regional Civil Service Office” CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

DELETED penology & penitentiary; and land registration RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

AMENDED elsewhere: human rights and humanitarian protection & promotion; and administration of justice RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

REDUCED 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 RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

AMENDED elsewhere: public administration and bureaucracy AMENDED elsewhere: public administration and bureaucracy RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

REDUCED special development programs and laws MOVED special development programs and laws to concurrent powers RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

AMENDED elsewhere: general welfare AMENDED elsewhere: general welfare RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

AMENDED under cited provision: budgeting AMENDED elsewhere: budgeting RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

AMENDED elsewhere: creation of sources of revenue AMENDED elsewhere: creation of sources of revenue RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

REDUCED loans, credits, and other forms of indebtedness DELETED loans & credits, and other forms of indebtedness RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

AMENDED elsewhere: financial & banking system MOVED financial & banking system to reserved powers; (Islamic banking to concurrent powers) RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

AMENDED power generation, transmission and distribution AMENDED power generation, transmission and distribution RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

AMENDED elsewhere: inland waters DELETED inland waters RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

AMENDED elsewhere: fishery, marine and aquatic resources REDUCED fishery, marine & aquatic resources RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

AMENDED elsewhere: water supplies and services, flood control and irrigation systems DELETED water supplies & services, flood control and irrigation systems RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

AMENDED elsewhere: public works and highways AMENDED elsewhere: public works and highways RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

MOVED protection of IPs from exclusive to concurrent powers AMENDED elsewhere: protection of IPs RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

AMENDED elsewhere: ancestral domain & natural resources AMENDED elsewhere: protection of IPs RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

AMENDED 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 RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

AMENDED elsewhere: Shari’ah courts and Shari’ah justice system REDUCED Shari’ah courts and Shari’ah justice system RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

AMENDED elsewhere: customary laws AMENDED elsewhere: customary laws RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

AMENDED elsewhere: customary justice AMENDED elsewhere: customary justice RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

AMENDED elsewhere: Hisbah office for accountability AMENDED elsewhere: Hisbah office for accountability RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

REDUCED grants & donations AMENDED elsewhere: labor, employment & occupation RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

MOVED free ports to reserved powers MOVED cadastral land survey to concurrent powers RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

DELETED land management, distribution, etc. REDUCED expropriation and eminent domain RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

MOVED health to concurrent powers DELETED registration of births, marriages, & deaths RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

REDUCED barter trade & countertrade; business names; public utilities; and human resources RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

MOVED science & technology; research & scholarships; and libraries, museums, etc. to concurrent powers RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

Exclusive Powers already devolved to ARMM
REDUCED foreign investments REDUCED foreign investments RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

REDUCED grant leases, permits, and licenses over agricultural lands and for forest management REDUCED grant leases, permits, and licenses over agricultural lands and for forest management RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

REDUCED proclaim state of calamity; enact legislation on recall; representation in Board of SUCs RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

REDUCED establish and operate pioneering public utilities; supervise and regulate private schools RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

DELETED private-owned public utility or business; traditional possession of lands; urban land reform and land use; augment any budget item RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

CHANGED Framework: Power Sharing
RESIDUAL POWERS RESIDUAL POWERS “all other powers not granted to the Bangsamoro Government by this Basic Law” “all other powers, functions and responsibilities not granted by the 1987 Philippine Constitution or by law to the autonomous regions” RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS DELETED 2 concurrent powers 10 exclusive powers CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

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

NO real exclusive powers NO real exclusive powers RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS Does this show that HB5811 is better than SB2894? NO, because ehe effect of the amendments on the power sharing framework does not end with this picture. NO real concurrent powers CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

Delineation of powers NOT clear NO real exclusive powers NO real exclusive powers RESERVED POWERS EXCLUSIVE POWERS RESERVED POWERS EXCLUSIVE POWERS Note that because a number of the amendments under HB 5811 were hidden (or can be found in other Articles/Sections), i.e. the provision on the power itself was not amended, the lines between the reserved powers, concurrent powers, and exclusive powers are now unclear. And with the residual powers of the Central Government, those that are unclear as to category (i.e. reserved, concurrent, or exclusive) now fall within the reserved powers of the Central Government. Also note that the problem of having no clear delineation of powers is one of the challenges faced by the current ARMM. NO real concurrent powers CONCURRENT POWERS CONCURRENT POWERS HB 5811 SB 2894

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 [NOTE: unless, otherwise, indicated  applies to both versions] “more powers” “less intervention”  and yet, in reality, under BLBAR “less powers” and “more intervention” SEC. 2. Respect for Competencies. – The National Government shall respects the exercise of competencies and exclusive powers of the Bangsamoro Government. Similarly, the Bangsamoro Government respects the exercise of the competencies and reserved powers of the National Government. SEC. 24. Parity Of Esteem. – The National Government and the Bangsamoro Regional Government shall be guided by the principles of accepted norms of good governance and parity of esteem. In exercising its sovereignty, the National Government shall give due consideration to the distinctive historical and cultural heritage, economic and social structures of all the inhabitants in the Bangsamoro Autonomous Region. The Bangsamoro Regional Government shall respect the exercise of the concurrent and reserved powers by the National Government. The National Government’s powers shall respect the exercise, with rigorous impartiality, of the exclusive and devolved powers of the Bangsamoro Regional Government.

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 DELETED 2nd paragraph re representation of Central Government in the IGFP once full fiscal autonomy is achieved.

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” NOTE While HB 5811 deleted “geographic areas” in this section, in the Section defining Constituent Units of the Bangsamoro, HB 5811 retained “geographic areas” CHANGED “Bangsamoro” to “Bangsamoro Autonomous Region” CHANGED “within its territory” to [HB 5811] “within its area” / [SB 2894] “within its geographical area” CHANGED “The privileges already enjoyed by the local government units under existing laws shall not be diminished” 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”

On the Bangsamoro Government and its Constituent Local Government Units SB 2894 ADDED “The powers, functions, rights and privileges already enjoyed by the municipalities over their municipal waters as provided under RA No 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” [HB 5811] ADDED “The existing shares of the local government unit being received shall not be diminished” / [SB 2894] ADDED “Such share of the local government units shall not be diminished and shall be directly remitted to them”

On Redistricting HB 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” DELETED “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”

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 Note on HB 5811: The insertion of the prescribed modes of transfer contradicts the retention of the following proviso under the same Section, “The Bangsamoro Parliament, may, by regional law, provide for the constitution of geographic areas in the Bangsamoro Autonomous Region into appropriate territorial or political subdivisions depending on the results of any of the plebiscites herein”

HB 5811: BANGSAMORO PARLIAMENT
More than 1 Deputy Speaker 50% SPEAKER PARTY WALI 40% DEPUTY SPEAKER DISTRICT PRESIDENT CHIEF MINISTER 10% 2 non-Moro IPs 2 settler communities 1 women least represented sector Deleted limitation on run-off election OTHER OFFICERS RESERVED general supervision BANGSAMORO PARLIAMENT HB 4994/SB2408 Art. VI, Section 3. General Supervision. Consistent with the principle of autonomy and the asymmetric relation of the Central Government and the Bangsamoro Government, the President shall exercise general supervision over the Bangsamoro Government to ensure that laws are faithfully executed. Art. VIII, Section 1. Titular Head of the Bangsamoro. - There shall be a Wali who shall be the titular head of the Bangsamoro. As titular head, the Wali shall take on only ceremonial functions. The Wali, as part of the Bangsamoro Government, shall be under the general supervision of the President. other MINISTERs DEPUTY CHIEF MINISTER Reserved Seat for the YOUTH 2 Deputy Chief Ministers BANGSAMORO CABINET No clear provision on the Bangsamoro Cabinet DEPUTY CHIEF MINISTER

HB 5811: BANGSAMORO PARLIAMENT
✗ Reduced powers of the Bangsamoro Parliament Deleted ALL provisions on the WALI More than 1 Deputy Speaker 50% SPEAKER PARTY WALI 40% DEPUTY SPEAKER DISTRICT PRESIDENT CHIEF MINISTER 10% 2 non-Moro IPs 2 settler communities 1 women least represented sector Deleted limitation on run-off election OTHER OFFICERS RESERVED general supervision BANGSAMORO PARLIAMENT Dissolve Parliament Call for a new parliamentary election HB 5811 ART. VII, SEC Call for a New Bangsamoro Parliament Election. – Within seventy-two (72) hours upon a two-thirds (2/3) vote of no confidence of all members of Parliament against the government of the day, the Chief Minister shall advise the President of the Republic of the Philippines to dissolve the Parliament and call for a new parliamentary election. The President of the Republic of the Philippines shall call for election of a new Bangsamoro Parliament on a date not later than one hundred twenty (120) days from the date of dissolution. In case of dissolution, the incumbent Chief Minister and the Cabinet shall continue to conduct the affairs of the Bangsamoro Government until a new Parliament is convened and a Chief Minister is elected and has qualified. other MINISTERs DEPUTY CHIEF MINISTER Reserved Seat for the YOUTH 2 Deputy Chief Ministers BANGSAMORO CABINET No clear provision on the Bangsamoro Cabinet DEPUTY CHIEF MINISTER

SB 2894: BANGSAMORO PARLIAMENT
50% 8 SPEAKER PARTY WALI 40 40% DEPUTY SPEAKER DISTRICT PRESIDENT CHIEF MINISTER 10% 2 non-Moro IPs 2 settler communities 1 women least represented sector OTHER OFFICERS RESERVED general supervision BANGSAMORO PARLIAMENT HB 4994/SB2408 Art. VI, Section 3. General Supervision. Consistent with the principle of autonomy and the asymmetric relation of the Central Government and the Bangsamoro Government, the President shall exercise general supervision over the Bangsamoro Government to ensure that laws are faithfully executed. Art. VIII, Section 1. Titular Head of the Bangsamoro. - There shall be a Wali who shall be the titular head of the Bangsamoro. As titular head, the Wali shall take on only ceremonial functions. The Wali, as part of the Bangsamoro Government, shall be under the general supervision of the President. other MINISTERs DEPUTY CHIEF MINISTER BANGSAMORO CABINET

50% 8 SPEAKER PARTY WALI 40 40% DEPUTY SPEAKER at least 2 each DISTRICT PRESIDENT CHIEF MINISTER 10% 2 non-Moro IPs 2 settler communities 1 women least represented sector Changed to “elected by a majority vote of the Members of Parliament” OTHER OFFICERS RESERVED general supervision BANGSAMORO PARLIAMENT HB 4994/SB2408 Art. VI, Section 3. General Supervision. Consistent with the principle of autonomy and the asymmetric relation of the Central Government and the Bangsamoro Government, the President shall exercise general supervision over the Bangsamoro Government to ensure that laws are faithfully executed. Art. VIII, Section 1. Titular Head of the Bangsamoro. - There shall be a Wali who shall be the titular head of the Bangsamoro. As titular head, the Wali shall take on only ceremonial functions. The Wali, as part of the Bangsamoro Government, shall be under the general supervision of the President. DELETED reference to the following: Bangsamoro Electoral Code, Bangsamoro Civil Service Code SEC. 32. Powers Of The Bangsamoro Regional Government. – The powers of the Bangsamoro Regional Government shall be vested in the Bangsamoro Parliament xxx SEC. 33. Legislative Authority. – Within its geographical area and subject to the provisions of the Philippine Constitution SEC. 34. Executive Authority. - The executive function and authority shall be exercised by the cabinet, which shall be headed by a Chief Minister. The Chief Minister who heads the Parliamentary government of the Bangsamoro Regional Government shall be elected by a majority vote of the Members of the Parliament. xxx other MINISTERs labor, youth, sultanates DEPUTY CHIEF MINISTER BANGSAMORO CABINET

✗ Reduced powers of the Bangsamoro Parliament Deleted ALL provisions on the WALI 50% 8 SPEAKER PARTY WALI 40 40% DEPUTY SPEAKER at least 2 each DISTRICT PRESIDENT CHIEF MINISTER 10% 2 non-Moro IPs 2 settler communities 1 women least represented sector Changed to “elected by a majority vote of the Members of Parliament” OTHER OFFICERS RESERVED general supervision BANGSAMORO PARLIAMENT administer oath “consistent with xxx Constitution” “w/o prejudice” HB 4994/SB2408 Art. VI, Section 3. General Supervision. Consistent with the principle of autonomy and the asymmetric relation of the Central Government and the Bangsamoro Government, the President shall exercise general supervision over the Bangsamoro Government to ensure that laws are faithfully executed. Art. VIII, Section 1. Titular Head of the Bangsamoro. - There shall be a Wali who shall be the titular head of the Bangsamoro. As titular head, the Wali shall take on only ceremonial functions. The Wali, as part of the Bangsamoro Government, shall be under the general supervision of the President. SEC. 25. General Supervision. -- Consistent with the provisions of the 1987 Philippine Constitution, principle of autonomy and the asymmetric relation of the National Government and the Bangsamoro Regional Government, the President shall exercise general supervision over the Bangsamoro Regional Government to ensure that laws are faithfully executed. SEC. 21. Exclusive or Devolved Powers. - Within its geographical area and subject to the provisions of the 1987 Philippine Constitution and national laws, exclusive powers are powers devolved to the Bangsamoro Regional Government, without prejudice to the general supervision of the President. The Bangsamoro Regional Government shall exercise these powers over the following matters within the Bangsamoro Autonomous Region: other MINISTERs labor, youth, sultanates DEPUTY CHIEF MINISTER BANGSAMORO CABINET

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 Power to allocate and utilize funds
Central Government ✗ Power to allocate and utilize funds Power to create own sources of revenues Fund transfers, including just share in taxes & wealth 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 means more than just fund transfers example: BLOCK GRANT

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 LESS THAN ARMM Note: power to augment budget already given to ARMM

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 LESS THAN ARMM

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.” LESS THAN ARMM re: HB - Not requiring corporations with branch operations in the Bangsamoro to pay taxes therein when the majority income of such corporations come from someplace else

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 LESS THAN ARMM

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) LESS THAN ARMM

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” LESS THAN ARMM

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” LESS THAN ARMM

Transportation & Communications: SB 2894: DELETED proviso on the intergovernmental relations body on transportation and communications; DELETED proviso on revenues derived from transportation and communications the original draft of the BBL as submitted by the President allows the Bangsamoro to exercise all the functions that are devolved and decentralized to ARMM by RA 6734 as amended by RA and sets up an IGR mechanism which will resolve implementation issues between the GPH and the Bangsamoro but Senate Bill No only authorizes the Bangsamoro to continue exercising such powers, functions and responsibilities that have been devolved or decentralized to the ARMM.

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 REDUCED role of Bangsamoro in formula review SB 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 Annual Block Grant DELETED adjustment of formula, in case of increase in territory; role of IGR in adjusting the formula incase of unmanageable public sector deficit CHANGED formula for computing deductions, i.e. “including that have been collected 3 years before”

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 DELETED proviso on 10-year period of retention by the BG of the 25% CG share

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 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 Power to allocate and utilize funds
Power to create own sources of revenues ✗ Fund transfers, including just share in taxes & wealth

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” CHANGED “the natural resources, including xxx” to “the mines and minerals and other natural resources” NOTE: SB 2984 only small scale mining

NATURAL RESOURCES Central Government 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 petroleum, natural gas, and coal [H] ADDED “except for the strategic minerals such as uranium, petroleum, and other fossil fuels, mineral oils, and all sources of potential energy” / [S] ADDED “Provided, that the strategic minerals such as uranium, petroleum, and other fossil fuels, mineral oils, and all sources of potential energy shall remain under the control and supervision of the National Government” [H] ADDED “provided that the Bangsamoro Government shall be consulted” / [S] ADDED “provided further that in the utilization and exploration of strategic minerals, the Bangsamoro Regional Government shall be consulted” Section 10. Exploration, Development, and Utilization of Fossil Fuels and Uranium. - The Bangsamoro Government and the Central Government shall jointly exercise the power to grant rights, privileges and concessions over the exploration, development and utilization of fossil fuels (petroleum, natural gas, and coal) and uranium in the Bangsamoro. The Central Government, through the Department of Energy (DOE), and the Bangsamoro Government shall adopt a competitive and transparent process for the grant of rights, privileges and concessions in the exploration, development and utilization of fossil fuels and uranium. The DOE and the Bangsamoro Government will identify and select prospective contract areas to be offered for exploration and development. A qualified Filipino citizen who is a bona fide resident of the Bangsamoro will receive a rating higher than other proponents during the evaluation process. The award of the service contract shall be made jointly by the DOE and the Bangsamoro Government. 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” DELETED “The Bangsamoro Parliament shall pass a law on protected areas, regarding the procedure for the declaration, and the management of those that are so declared, and the role of the Bangsamoro Government and other stakeholders in the process”

Bangsamoro Government
ENERGY Bangsamoro Government JOINT 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”

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” ADDED “the Bangsamoro Regional Government, in the exercise of its jurisdiction, may not in any way, impair the operations and productions of the existing Agus Hydro Power Complex 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 5811 1ST 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 2894 1ST PLEBISCITE DELETED 6 municipalities of Lanao del Norte and 39 barangays of North Cotabato SUCCEEDING PLEBISCITES DELETED opt-in

Region IV-B is an administrative region
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.” Region IV-B is an administrative region Senate president: No to opt-in provision of BBL “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] “So that in itself is not a difficult process. If the people will be able to demonstrate that they want to join in, not having it to the law at this point in time doesn’t say that it’s an impossible,” he said. Senate, House set to remove Bangsamoro bill’s opt-in clause Pnoy offers solution to ‘scrapped’ opt-in provision in BBL Mere EO can expand Bangsamoro - PNoy

OPT-IN: Creeping Expansion?
ARMM OPT-IN (R. Rodriguez) OPT-IN (R. Zamora) 5 PROVINCES Basilan Lanao del Sur Maguindanao Sulu Tawi-tawi 2 CITIES Lamitan Marawi 8 PROVINCES Basilan Cotabato Lanao del Sur Lanao del Norte Maguindanao Sulu Tawi-tawi Sultan Kudarat 7 CITIES Cotabato Iligan Isabela Kidapawan Lamitan Marawi Tacurong 15 PROVINCES Basilan Cotabato Davao del Sur Lanao del Norte Lanao del Sur Maguindanao Palawan Sarangani South Cotabato Sultan Kudarat Sulu Tawi-tawi Zamboanga del Norte Zamboanga del Sur Zamboanga Sigugay 14 CITIES Cotabato Isabela Dapitan Digos Dipolog General Santos Iligan Kidapawan Koronadal Lamitan Marawi Pagadian Puerto Prinsesa Tacurong Zamboanga Maps presented by House Minority Leader Zamora during interpellation

Why Core Territory? Why OPT-IN?
frame 1: traditional homeland of the Bangsamoro frame 2: Territory Covered: Sultanate of Sulu, Sultanate of Maguindanao, & Pat o Pongampong ko Ranao frame 3: moro province (1903 – 1913) frame 4: tripoli agreement of 1976 frame 5: Autonomy in Southern Philippines Proclamation 1628 (1977) frame 6: Regional Autonomous Governments Proclamation 1628-A (1977) frame 7: Autonomous Region in Muslim Mindanao (ARMM) RA 6734 (1989) frame 8: Expanded ARMM RA 9054 (2001) frame 9: Core Territory, FAB (2012)

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

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 in effect, EXCLUDING those who ascribe to the BANGSAMORO identity

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 in effect, EXCLUDING those who ascribe to the BANGSAMORO identity SB 2894: “recognizes the rights of the indigenous peoples and other Non-Moro inhabitants” on the provision re: IP rights

HB 5811: Non-Moro IP’s Rights
excludes Moro IPs 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 ADDED “in accordance with the Indigenous Peoples’ Rights Act, the Untied Nations Declaration of the Rights of Indigenous Peoples and the United Nations Declaration on Human Rights

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 SEC. 4. Bangsamoro People. – Those who at the time of conquest and colonization of the Philippines by the Spaniards considered themselves natives or original inhabitants of Mindanao, whether of mixed or of full blood: Provided, That the foregoing profess the faith of Islam shall have the right to identify themselves as Bangsamoro. Spouses and their descendants, at their option, shall also be part of Bangsamoro Autonomous Region. This provision shall not in any way derogate from the provisions of Article IV of the 1987 Philippine Constitution. Section 1. Bangsamoro People. – Those who at the time of conquest and colonization were considered natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands including Palawan, and their descendants, whether of mixed or of full blood, shall have the right to identify themselves as Bangsamoro by ascription or self-ascription. Spouses and their descendants are classified as Bangsamoro.

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” SEC. 4. Bangsamoro People. – Those who at the time of conquest and colonization of the Philippines by the Spaniards considered themselves natives or original inhabitants of Mindanao, whether of mixed or of full blood: Provided, That the foregoing profess the faith of Islam shall have the right to identify themselves as Bangsamoro. Spouses and their descendants, at their option, shall also be part of Bangsamoro Autonomous Region. This provision shall not in any way derogate from the provisions of Article IV of the 1987 Philippine Constitution. Section 1. Bangsamoro People. – Those who at the time of conquest and colonization were considered natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands including Palawan, and their descendants, whether of mixed or of full blood, shall have the right to identify themselves as Bangsamoro by ascription or self-ascription. Spouses and their descendants are classified as Bangsamoro.

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 Bangsamoro as a distinct identity and concept has been removed

✗ ? ? ? ? 3 1 2 RIGHT to SELF-DETERMINATION CAB ARMM ✗
does NOT address the unacceptable status quo Bangsamoro Question CAB STATUS QUO IS UNACCEPTABLE VIOLATIONS ARMM 1 ? NO Recognition of BANGSAMORO IDENTITY CHANGE IN STRUCTURE ensure compliance Bangsamoro Government – Central Government Bangsamoro Government – Local Government Units Within the Bangsamoro Addressing HISTORICAL INJUSTICE & BANGSAMORO MARGINALIZATION ? ✗ POWER SHARING not just devolution political autonomy Much of the debate and deliberations on the BBL focused on its constitutionality and legality, plus on just how inclusive the BBL really is. Rather on focusing on the same guideposts (again, given the basic premises earlier stated, i.e. previous slide) we should consider (1) the Bangsamoro, (2) the CAB, and (3) the ARMM in evaluating proposed amendments to the BBL Framework The CAB is a comprehensive, integrated proposed solution to the BM Question Redefining the inequitable and unacceptable status quo Changing the Status Quo and not just the “Status Ko”. Addressing the historical injustice and Bangsamoro marginalization Social justice to address the legitimate grievances and historical injustice Addressing the challenge of “Goberno a Sarwang” and Bangsamoro alienation Power sharing and not just devolution Guarantee of Fiscal autonomy Equitable share and entitlement on natural resources Taking lessons from our “autonomy experimentation” A mechanism for continuing negotiation, IGR GENUINE AUTONOMY fiscal autonomy ? SOCIAL JUSTICE to address the LEGITIMATE GRIEVANCES LGU “CATCH – UP” ADDRESS CHALLENGES taking lessons from our “autonomy experimentation” benchmark 2 ? Addressing the challenge of “GOBERNO A SARWANG” & BANGSAMORO ALIENATION NOTHING LESS THAN ARMM RA 9054 etc

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 no more income tax from the banks for Bangsamoro; banking & finance is now under the reserved powers of CG on loans, etc  subject to economic agreements – no restriction under the ARMM IPRA applies to Bangsamoro Ancestral domain & ancestral lands From an independent Human Rights agency to a dependent Human rights office

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 Bangsamoro identity A government of their own and an end to patronage politics

BICAMERAL CONFERENCE COMMITTEE
note number of remaining SESSION DAYS WHERE ARE WE NOW? BICAMERAL CONFERENCE COMMITTEE SECOND READING THIRD READING Period on SPONSORSHIP and DEBATE FINAL FORM of the Bill printed & distributed 3 DAYS prior to 3rd reading Calling a Conference Approved Becomes LAW Composition of a Conference Meet within 10 days after composition Committee Chair, Authors VETO Becomes LAW by 2/3 VOTE of each House Period on AMENDMENTS Only the NAME & TITLE of the Bill is read 2 Types: Committee Amendments Individual Amendments Note: 3rd reading – no more amendments can be introduced; voting only BICAM – limited to reconciling contradicting amendments OP on veto: the President can veto the draft law; congress may overturn no pocket veto: most unlikely NOMINAL VOTING APPROVED by affirmative vote of majority of members present CONFERENCE COMMITTEE REPORT For consideration/approval of both Houses NO amendment allowed No Action Becomes LAW after 30 DAYS NO “pocket veto” Approval of Bill on SECOND READING within 60 days after composition

CONGRESS (PLENARY) HoR Senate 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 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 CHALLENGES: 1. Securing numbers (vote on amendments & vote on the BBL) 2. Lack of champions in both houses Leadership claims support for the BBL, but not necessarily in its original form Lack of understanding re: Bangsamoro question 3. Opposition to BBL, again in both houses BBL has become an election issue Strong lobby from various groups – can bring in votes or support for 2016 4. Substance HoR/Senate leadership: “No more amendments, i.e. cannot restore HB 4994/5811” Importance of campaign to focus on restoring HB4994/SB2408 Rather than diffusing efforts by pushing for further enhancements

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 Senate The authority given to the Senate conferees theoretically is limited to matters in disagreement between the two chambers. They are not authorized to delete provisions or language agreed to by both the House and the Senate as to draft entirely new provisions. In practice, however, the conferees have wide latitude, except where the matters in disagreement are very specific. Moreover, conferees attempt to reconcile their differences, but generally they try to grant concession only insofar as they remain confident that the chamber they represent will accept the compromise. HOR In resolving the differences between the two measures, the House panel shall, as much as possible, adhere to and support the House bill or joint resolution. If the differences with the Senate bill or joint resolution are so substantial that they materially impair the House bill or joint resolution, the panel shall report such fact to the House for the latter’s appropriate action.

TIMELINE 3 9 20 8 BAN on 2 May 2016 SB 2894: 180 days SEPT OCT NOV DEC
Plebiscite for the BBL BTA is established Election for the Bangsamoro Government by 2016 Passage of the BBL in Congress SB 2894: 180 days SEPT OCT NOV DEC JAN FEB before Mar 9 APR 2016 Elections 9 May HB 5811: 120 days BAN on midnight appointments Plenary BUDGET 28 Sept 2015 DEADLINE Filing of Certificate of Candidacy Oct 2015 BUDGET Deliberations Nov/Dec 2 months On the TIMELINE (as of 5 September) In the original draft BBL (HB4994/SB2408), elections for the Bangsamoro Government is set on the 1st Monday of May (2 May 2016) In order to get there, we still need to (1) pass the BBL in Congress; (2) ratify the BBL in a plebiscite; and (3) establish the BTA The 16th Congress opened its 3rd Regular Session on 27 July 2015 (SONA); roughly 9 months prior to May 2016 Speaker Belmonte said that the House of Representatives will finish its deliberations on the BBL before the end of September 2015 Because by 28 September 2015, plenary deliberations on the 2016 budget will commence; NO MORE BBL deliberations for the HoR once the budget deliberations begin For the HoR, there are 9 session days for the BBL (between 5 September and 28 September); Plenary sessions are held only on Mondays, Tuesdays, and Wednesdays What about after the budget deliberations? note that this usually lasts until november or december. In an article dated 16 August, Interaksyon reported that the House was able to get a quorum only 3 times since it started deliberations on the BBL after SONA According to PDI, as of 17 August, more than 20 members of the House have yet to interpellate (average of 1 – 3 interpellators per day based on plenary deliberations prior to the recess in June) The Senate said that they will finish by October just in time for the deadline of the filing of certificate of candidacy for the 2016 elections (although, ideally, the BBL should have been passed & ratified prior to this deadline) Congress will ADJOURN on the 10 October 2015 That means there are 15 session days left for the Senate, from September 5 to October 9 HB 5811: 120 days from the passage of the BBL to the conduct of the plebiscite, i.e. FEB SB 2894: 180 days from the passage of the BBL to the conduct of the plebiscite, i.e. APR; this is PROBLEMATIC Why? because the SC ruled on the BAN on midnight appointments 2 months prior to a presidential elections, i.e. 9 May 2016 That means members of the BTA should be appointed by the President before March 9 note that Senator Bongbong Marcos said that the SENATE will have 6 weeks to deliberate on the BBL (3 weeks, interpellations; 3 weeks, amendments), i.e. October Following BBM’s timeline, there isn’t enough time for the Bicam and for enactment by Congress prior to its adjournment in October It might be when congress resumes in November; Although given that budget deliberations usually extends until Nov/Dec, enactment may be as late as January 2016 CALENDAR: resume 3 nov – 18 dec (20 session days); adjourn 19 dec; resume 19 Jan – 5 Feb (8 session days); adjourn 6 feb next resumption will be after the elections, 22 May 2016 BUDGET DELIBERATIONS until nov/dec, meaning, do not count on the 20 session days between 3 nov – 18 dec 2016 ELECTIONS: with the upcoming elections & start of campaign period in march, it is unlikely for Congress to hold sessions while in recess. Another challenge posed by the 2016 elections: BBL as an election issue START campaign March 2016 3 session days 9 session days 20 session days 8 session days ADJOURN 10 Oct 2015 SESSION 3 Nov - 18 Dec 2015 SESSION 19 Jan – 5 Feb 2016 RESUME 22 May 2016

OTHER CHALLENGES Plebiscite Supreme Court 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?

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

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