Republic of the Philippines Bangsamoro Autonomous Region

1 Republic of the Philippines 2 Bangsamoro Autonomous Region in Muslim Mindanao 3 BANGSAMORO TRANSITION AUTHORITY 4 Cotabato City 5 6 7 8 BTA Parliament Bill No. ______9 10 11 Introduced by : <> 12

14 AN ACT PROVIDING FOR THE BANGSAMORO ADMINISTRATIVE 15 CODE AND FOR OTHER RELATED PURPOSES 16 17 18 BE IT ENACTED by the Bangsamoro Transition Authority in Parliament 19 assembled, as follows: 20 21 22 INTRODUCTORY PROVISIONS 23 24 Sec. 1. Title. - This Act shall be known and cited as the “Bangsamoro 25 Administrative Code.” 26 27 Sec. 2. Purpose. – This Code is promulgated to prescribe the structural, 28 functional and procedural principles and rules of governance of the Bangsamoro 29 Autonomous Region in Muslim Mindanao during the period of transition, and shall 30 remain effective until the regular Bangsamoro Government amends or repeals the 31 same. 32 33 Sec. 3. Declaration of Principles and Policies. – The Bangsamoro 34 Government hereby declares the following principles and policies as the basic 35 foundation of the Code: 36 37 a. The Bangsamoro Autonomous Region in Muslim Mindanao is an 38 autonomous region with asymmetrical relationship with the Republic of 39 the Philippines and with a parliamentary form of government. Its political 40 system is democratic that allows its people to freely participate in the 41 political processes within its territorial jurisdiction;1 42 b. The Bangsamoro Government recognizes and protects the customs and 43 traditions, beliefs, and cultures of its indigenous inhabitants. The right of

1 See Sec. 3, Art. IV, BOL

1 indigenous peoples to a just and equal treatment shall be protected. They 2 shall be free from all forms of discrimination, oppression and exploitation; 3 c. The Bangsamoro Government recognizes the vital role of women and 4 youth, and the valuable contributions of differently-abled persons in 5 nation-building and shall promote and protect their physical, moral, 6 spiritual, intellectual, cultural and social well-being. It shall inculcate in 7 the minds of the youth patriotism and nationalism, and encourage their 8 involvement in public and civic affairs; 9 d. The Bangsamoro Government shall ensure every citizen in its territorial 10 jurisdiction the provision of the basic necessities and equal opportunities 11 in life. Social justice shall be promoted in all aspects of life and phases of 12 development in the Bangsamoro Autonomous Region2 ; 13 e. The Bangsamoro Government shall promote unity, peace, justice, and 14 goodwill among all peoples, encourage a just and peaceful settlement of 15 disputes3 and adopt the generally accepted principles of international law; 16 f. The Bangsamoro Government shall ensure the autonomy of its constituent 17 Local Government Units (LGUs); 18 g. The Bangsamoro Government shall develop a self-reliant and independent 19 regional economy effectively controlled by the Bangsamoro; 20 h. The Bangsamoro Government shall encourage the participation of non- 21 governmental, community-based, and sectoral organizations in 22 government affairs that promote the welfare of the region; 23 i. The Bangsamoro Government, in pursuit of moral governance, shall 24 maintain honesty, integrity, transparency and accountability in governance 25 and take positive and effective measures against graft and corruption; and 26 j. Subject to reasonable conditions prescribed by law, the Bangsamoro 27 Government adopts and implements a policy of full public disclosure of all 28 its transactions involving public interest. 29 30 Sec. 4. Definition of Terms. – The words in this Code are defined as 31 follows: 32 33 "Bangsamoro Government” refers to the corporate governmental 34 entity with jurisdiction over all matters granted to it by the Constitution, 35 Bangsamoro Organic Law and other pertinent laws, through which the 36 functions of autonomous governance are exercised throughout the 37 Bangsamoro Autonomous Region in Muslim Mindanao, including the various 38 instrumentalities through which political authority is made effective4 ; 39 40 “National Government” refers to the entire machinery of the central 41 government, as distinguished from the different forms of local governments5 ; 42 43 “Bangsamoro Autonomous Region" used interchangeably 44 herein with the “Bangsamoro Autonomous Region in Muslim 45 Mindanao” refers to the autonomous region established by virtue of

2 See Sec. 7, Art. IV, BOL 3 See Sec. 6, Art. IV, BOL 4 Derived from Sec. 4 (1), MMA 287 5 Derived from Sec. 4 (2), MMA 287

1 Republic Act No. 11054, also known as the “Organic Law for the Bangsamoro 2 Autonomous Region in Muslim Mindanao”; 3 4 “Bangsamoro Organic Law” refers to Republic Act No. 11054, also 5 known as the “Organic Law for the Bangsamoro Autonomous Region in 6 Muslim Mindanao”, which has for its purpose to establish a political entity, 7 provide for its basic structure of government in recognition of the justness and 8 legitimacy of the cause of the Bangsamoro People and the aspirations of 9 Muslim Filipinos and all indigenous cultural communities in the Bangsamoro 10 Autonomous Region in Muslim Mindanao to secure their identity and 11 posterity, allowing for meaningful self-governance within the framework of 12 the Constitution and the national sovereignty as well as territorial integrity of 13 the Republic of the Philippines; 14 15 "Local Government" refers to the constituents units of the 16 Bangsamoro Autonomous Region in Muslim Mindanao, such as the 17 component provinces, cities, municipalities, barangays and such other 18 political subdivisions established by law or in accordance with the 19 Bangsamoro Organic Law; 20 21 "National agency" refers to a unit of the National Government6 ; 22 23 "Ministry" refers to a cabinet portfolio created by law and/or 24 counterparts of the National Government previously devolved to the former 25 Autonomous Region in Muslim Mindanao, exercising executive authority in 26 the Bangsamoro Government; 27 28 "Office" refers, within the framework of governmental organization, to 29 any major functional unit of the Bangsamoro Government or its ministries. It 30 may also refer to any position held or occupied by individual persons whose 31 functions are defined by law7 ; 32 33 "Instrumentality" refers to any agency of the Bangsamoro 34 Government, not integrated within the ministry framework vested with 35 special functions or jurisdiction by law, endowed with some if not all 36 corporate powers, administering special funds, and enjoying operational 37 autonomy, usually through a charter. This term includes regulatory agencies, 38 chartered institutions and government-owned or controlled corporations8 ; 39 40 “Government of the Day” refers to the political party or party 41 coalition with a majority in the Bangsamoro Parliament.9 The Government of 42 the Day forms the executive government, composed of ministers, and headed 43 by the Chief Minister. During the transition period, the Moro Islamic 44 Liberation Front – led majority and other Members of the Bangsamoro

6 Derived from Sec. 4 (6), MMA 287 7 Derived from Sec. 4 (11), MMA 287 8 Derived from Sec. 4 (12), MMA 287 9 https://lawgovpol.com/legal-studies-glossary-e-k/

1 Parliament who agree to the manifesto of the transition government shall be 2 considered as Government of the Day; 3 4 “Popular Initiative” refers to a piece of legislation proposed 5 directly by the people as part of participatory democracy in the Bangsamoro 6 Autonomous Region; 7 8 "Bangsamoro Government-owned or controlled corporation" 9 refers to any agency organized as a stock or non-stock corporation, vested 10 with functions relating to public needs whether governmental or proprietary 11 in nature, and owned by the Bangsamoro Government directly or through its 12 instrumentalities either wholly, or, partly, subject to the applicable provisions 13 of existing Corporation Laws10; 14 15 "Officer" as distinguished from "clerk" or "employee", refers to a person 16 whose duties, not being of a clerical or manual nature, involves the exercise of 17 discretion in the performance of the functions of the government. When used 18 with reference to a person having authority to do a particular act or perform a 19 particular function in the exercise of governmental power, "officer" includes 20 any government employee, agent or body having authority to do the act or to 21 exercise that function11; 22 23 "Employee", when used with reference to a person in the public 24 service, includes any person in the service of the government or any of its 25 agencies, divisions, subdivisions or instrumentalities12; 26 27 “Khalifa”, refers to a human as a vicegerent, trustee, steward of Allah 28 (Subhannahu Wa’ Taalah) on earth; 29 30 “Contracts” refer to written or unwritten agreements/meeting of the 31 minds between two or more persons or juridical entities; 32 33 “Regular Non-Working Holidays”, are those national and regional 34 holidays provided by law, which are observed throughout the area of 35 autonomy13; 36 37 “Special Holidays”, refers to non-regular holidays in the region and 38 certain local government units in observance of historical, religious and other 39 significant events which need official proclamation from the Chief Minister 14; 40 41 Settler Communities”, refers to those residing within the 42 territorial jurisdiction of the Bangsamoro Autonomous Region who are not 43 covered by the definition of Article II Section 1 of the Bangsamoro Organic

10 Derived from Sec. 4 (15), MMA 287 11 Derived from Sec. 4 (16), MMA 287 12 Derived from Sec. 4 (17), MMA 287 13 Derived from Sec. 4 (21), MMA 287 14 Derived from Sec. 4 (22), MMA 287

1 Law nor considered to be a member of Indigenous Cultural Communities / 2 Indigenous People; and

3 “Moral Governance”, refers to the set of rules, practices, and 4 processes completely devoid of all the evils of graft and corruption, and 5 explicitly driven by the moral principles of utmost dedication, devotion, 6 honesty, justice, and integrity.15

7 8

15 Derived from the Oath of Moral Governance

1 BOOK I 2 BANGSAMORO AUTONOMY AND ADMINISTRATION 3 4 5 Chapter 1 6 The Bangsamoro Autonomous Region 7 8 Sec. 1. Bangsamoro People. - Those who, at the advent of the Spanish 9 colonization, were considered natives or original inhabitants of Mindanao and the 10 Sulu archipelago and its adjacent islands, whether of mixed or full blood, shall have 11 the right to identify themselves, their spouses and descendants, as Bangsamoro.16 12 13 Sec. 2. Bangsamoro Territory.17 – The territorial jurisdiction of the 14 Bangsamoro Autonomous Region shall be composed of: 15 16 A. The provinces of Basilan, Lanao del Sur, Maguindanao, Sulu, and Tawi-Tawi; 17 B. The cities of Cotabato, Lamitan, and Marawi; and 18 C. The 63 barangays that opted for inclusion in the Bangsamoro Autonomous 19 Region, during the plebiscite called for such purpose, namely:

20 1. Dunguan, and Tapodoc, all in Aleosan, North Cotabato 21 2. Kibayao, Kitulaan, Langogan, Manarapan, Nasapian, Pebpoloan, and 22 Tupig, all in Carmen, North Cotabato 23 3. Buluan, Nanga-an, Pedtad, Sanggadong, Simbuhay, Simone, and 24 Tamped, all in Kabacan North Cotabato 25 4. Damatulan, Kadigasan, Kadingilan, Kapinpilan, Kudarangan, Central 26 Labas, Malingao, Mudseng, Nabalawag, Olandang, Sambulawan, Tugal, 27 and Tumbras, all in Midsayap North Cotabato 28 5. Lower Baguer, Balacayon, Buricain,Datu Binasing, Datu Mantil, 29 Kadingilan, Libungan Torreta, Matilac, Lower Pangangkalan, Upper 30 Pangangkalan, Patot, and Simsiman, all in Pigkawayan, North Cotabato; 31 6. Bagoinged, S. Balong, S. Balongis, Barungis,Batulawan, Bualan, 32 Buliok,Bulol, Fort Pikit, Gli-Gli, Gokotan, Kabasalan, Lagunde, 33 Macabual, Macasendeg, Manaulanan, Nabundas, Nalapaan, Nunguan, 34 Pamalian, Panicupan, and Rajahmuda, all in Pikit, North Cotabato.

35 Sec. 3. Constituent Units. - The constituent units of the Bangsamoro 36 Autonomous Region are provinces, cities, municipalities, barangays, and 37 geographical areas within its territorial jurisdiction.18 38 39 Sec. 4. Inland Waters. – All inland waters such as lakes, rivers, river 40 systems, and streams within its territorial jurisdiction form part of the Bangsamoro 41 Autonomous Region inland waters. The preservation and management of the inland 42 waters shall be under the Bangsamoro Government as provided for in Section 23, 43 Article XIII of the Bangsamoro Organic Law. 44

16 See Sec. 1, Art. II, BOL 17 See Sec. 2, Art. III, BOL 18 See Sec. 5, Art. III, BOL

1 Sec. 5. Bangsamoro Municipal and Regional Waters. – The 2 municipal and regional waters of the Bangsamoro Autonomous Region shall extend 3 up to fifteen (15) kilometers and nineteen (19) kilometers, respectively, from the low- 4 water mark of the coasts that are part of the Bangsamoro territorial jurisdiction. 5 6 Where a constituent local government unit of the Bangsamoro Autonomous 7 Region and an adjoining local government unit are so situated on opposite shores 8 such that there is thirty (30) kilometers of waters or less between them, a line equally 9 distant from the opposite shores shall be drawn to demarcate the Bangsamoro waters 10 and the municipal waters of the adjoining local government unit. 11 12 In case the constituent local government unit of the Bangsamoro Autonomous 13 Region and an adjoining local government unit are so situated on opposite shores 14 that there is more than thirty (30) kilometers but less than thirty -four (34) 15 kilometers of waters between them, a line shall be drawn at the edge of the fifteen- 16 kilometer municipal waters of the adjoining local government unit to demarcate it 17 from the Bangsamoro waters. 18 19 20 Chapter 2 21 Bangsamoro Symbols and Emblems

22 Sec. 6. Bangsamoro Flag. – The Bangsamoro flag shall be in the shape 23 and dimension of a standard flag, three (3) feet by five-and-a-half (5 ½) feet, and 24 shall contain four (4) distinctive colors, a Crescent, a seven-rayed Star, and a Kris. It 25 shall always be regarded with utmost respect and admiration, and shall always be 26 displayed alongside the Philippine Flag pursuant to Section 2, Article II of R.A. No. 27 11054.19

28 Sec. 7. Bangsamoro Emblem. – The Official Bangsamoro Seal shall be 29 circular in design. The words ‘BANGSAMORO AUTONOMOUS REGION IN 30 MUSLIM MINDANAO’ shall be clearly printed at the upper portion and the same 31 shall be preceded and ended by stars. The year of creation of the Bangsamoro 32 Autonomous Region in Muslim Mindanao ‘2019’ shall be printed at the lower 33 portion.

34 The outermost part of the Official Bangsamoro Seal shall be bordered by a 35 rope. In its center shall be a Crescent with a Seven-rayed Star to its right.

36 The Rope, the Crescent, and the Seven-rayed Star shall be golden yellow in 37 color. There shall be a strip, slightly red in color, in the inner portion of the rope. The 38 crescent and the star shall be set against a green background. The words inscribed 39 therein shall be written in green with white as its background.20

40 Sec. 8. Bangsamoro Hymn. – The official lyrics and rendition of the 41 Bangsamoro Hymn shall be in accordance with the official musical arrangement and 42 composition embodied in Bangsamoro Autonomy Act No. 7.

19 Lifted from Secs. 3 and 4 of Bangsamoro Autonomy Act No. 1 20 Sec. 3 of Bangsamoro Autonomy Act No. 2

1 Whenever the Bangsamoro is sung, it shall always be preceded by the singing 2 of the Philippine National Anthem.

3 Sec. 9. Seat of the Bangsamoro Government. – The seat of the 4 Bangsamoro Government shall be in Cotabato City, unless otherwise provided by the 5 Bangsamoro Parliament in a subsequent law.

6 Sec. 10. Bangsamoro Day. – March 29 is hereby proclaimed as the 7 Bangsamoro Day and declared a non-working holiday in celebration of the 8 establishment of the Bangsamoro Autonomous Region, which shall be celebrated to 9 highlight the social, political, cultural and economic progress so far attained as part 10 of the right to self-governance and self-determination.

11 Sec. 11. Bangsamoro Legal Holidays. – Regular non-working holidays 12 and special holidays provided for by laws and issuances of the National Government 13 shall be observed in the Bangsamoro Autonomous Region.21

14 The Bangsamoro Parliament shall enact a law to identify the holidays to be 15 observed in the Bangsamoro Autonomous Region. The Chief Minister may likewise 16 proclaim any local special holiday for a particular date and place in accordance with 17 existing laws and issuances.

18 19 Chapter 3 20 Operation and Effects of Laws 21 22 Sec. 12. Effectivity of Executive Issuances. – Executive issuances shall 23 take effect after fifteen (15) days following the completion of their publication in the 24 Bangsamoro Gazette or in a newspaper of regional circulation, unless otherwise 25 provided.22

26 Sec. 13. Interpretation of Laws and Administrative Issuances. - In 27 the interpretation of a law or an administrative issuance promulgated in all the 28 official languages, the language used in the original text shall control, unless 29 otherwise specifically provided. Only in the event of ambiguity, omission or mistake, 30 may the other texts be consulted.23

31 Sec. 14. Bangsamoro Gazette. – The Bangsamoro Gazette shall be the 32 official gazette of the Bangsamoro Government which will publish all legislative acts 33 and resolutions of a public nature, all executive and administrative issuances of 34 general application, decisions or abstracts of decisions of the Shari’ah Courts of 35 sufficient importance to be published, documents or classes of documents as may be 36 required to be published by law and such documents or classes of documents of 37 general application.

38 The Bangsamoro Gazette shall be published by the Bangsamoro Information 39 Office (BIO) in the English language and whenever applicable, in Filipino and Arabic.

21 Derived from Sec. 12, Chapter 4, Book I, MMA 287 22 See Sec. 9, Chapter 3, Book I, MMA Act No. 287 23 Derived from Sec. 11, Chapter 3, Book I, MMA 287

1 It shall be made available to all national and local agencies upon subscription. The 2 BARMM Library shall serve as the official custodian and repository thereof.24

3 4 Chapter 4 5 Legal Weights, Measures, and Periods 6 7 Sec. 15. Official Use of Metric System. – The metric system of weights 8 and measures shall be used in the Bangsamoro Autonomous Region for all products, 9 articles, goods, commodities, materials, merchandise, utilities, services, as well as for 10 commercial transactions like contracts, agreements, deeds and other legal 11 instruments publicly and officially attested, and for all official documents. Only 12 weights and measures of the metric system shall be officially sealed and licensed.25 13 14 Sec. 16. Legal Periods. – “Year” shall be understood to be twelve calendar 15 months; “month” of thirty days, unless it refers to a specific Gregorian calendar 16 month in which case it shall be computed according to the number of days the 17 specific month contains; “day” to a day of twenty-four hours; and “night”, from 18 sunset to sunrise.26 19 20 21 Chapter 5 22 General Principles Governing Public Officers 23 24 Sec. 17. Nature of Public Office. - Public office is a sacred public trust. 25 Public officers and employees must at all times be accountable to God and to the 26 people, serve as ”khalifa”, with the utmost responsibility, integrity, loyalty and 27 efficiency, act with patriotism and justice, and lead modest lives.27 28 29 Sec. 18. Declaration of Assets, Liabilities and Networth. - A public 30 officer or employee shall, upon assumption to office and as often thereafter as may be 31 required by law, submit a declaration under oath of their assets, liabilities and 32 networth.28 33 34 Sec. 19. Ethics in Government. - All public officers and employees shall 35 be guided by the core values of moral governance. 36 37 Sec. 20. Liability of Superior Officers. - (1) A public officer shall not be 38 civilly liable for acts done in the performance of his/her official duties, unless there is 39 a clear showing of bad faith, malice or gross negligence. 40 41 Any public officer who, without just cause, neglects to perform a duty 42 within a period fixed by law or regulation, or within a reasonable period if none is 43 fixed, shall be liable for damages to the private party concerned without prejudice to 44 such other liability as may be prescribed by law; and a head of a 45 ministry/office/agency or a superior officer shall not be civilly liable for the wrongful 46 acts, omissions of duty, negligence, or misfeasance of his/her subordinates, unless 47 he/she has actually authorized by order the specific act or misconduct complained of.

24 See Sec. 15, Chapter 4, Book I, MMA Act No. 287 25 See Sec. 16, Chapter 4, Book I, MMA Act No. 287 26 See Sec. 17, Chapter 4, Book I, MMA Act No. 287 27 See Sec. 18, Chapter 6, Book I, MMA 287 28 See Sec. 19, Chapter 6, Book I, MMA 287

1 2 Sec. 21. Liability of Subordinate Officers. - No subordinate officer or 3 employee shall be civilly liable for acts done by him in good faith in the performance 4 of his/her duties. However, he/she shall be liable for willful or negligent acts done by 5 him/her which are contrary to law, morals, public policy and good customs even if 6 he/she acted under orders or instructions of his/her superiors.29 7 8 9 Chapter 6 10 Bangsamoro Immunity from Suit 11 12 Sec. 22. Non-suability of the BARMM. – No suit shall lie against the 13 Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) except with its 14 consent as provided by law. 15 16 Sec. 23. Bangsamoro Government's Responsibility for Acts of 17 Agents. – The Bangsamoro Government shall be legally bound and responsible only 18 through the acts performed in accordance with the Bangsamoro Organic Law and the 19 laws by its duly authorized representatives. 20 21 The BARMM shall not be bound by the mistakes or errors of its officers or 22 agents in the exercise of their functions. 23 24 25 Chapter 7 26 Official Oaths 27 28 Sec. 24. Oaths of Office for Public Officers and Employees. - All 29 public officers and employees of the government before entering upon the discharge 30 of their duties, shall take an oath to uphold and defend the Constitution and the 31 Bangsamoro Organic Law; that he or she will bear true faith and allegiance to it; obey 32 the laws, legal orders and decrees promulgated by the duly constituted authorities; 33 will faithfully discharge to the best of his/her ability the duties of the office or 34 position upon which he/she is about to enter; and that he voluntarily assumes the 35 obligation imposed by his oath of office, without mental reservation or purpose of 36 evasion. Copies of the oath shall be deposited with the Civil Service Commission 37 regional office and the human resource department of the concerned agency.30 38 39 Sec. 25. Officers Authorized to Administer Oath. - (1) The following 40 officers have general authority to administer oath: Wali, Bangsamoro Mufti, Chief 41 Minister, members of the Judiciary, Speaker of the Parliament, Cabinet Ministers, 42 the Bangsamoro Attorney General, and Chief Executives of local government units. 43 44 45 Chapter 8 46 Reports 47 48 Sec. 26. Annual and Special Reports. - The heads of the ministries, 49 offices, agencies or instrumentalities of the Bangsamoro Government shall prepare

29 See Sec. 25, Chapter 6, Book I, MMA 287 30 See Sec. 26, Chapter 7, Book I, MMA 287

1 and submit annual or special reports to the Chief Minister who shall furnish a 2 consolidated report to the Bangsamoro Parliament on or before the first day of 3 March of each year, or as may be required. The contents of the annual or special 4 reports shall be prescribed by law or, in the absence thereof, by executive order.31 5 6 Sec. 27. Repository of Reports. - Official copies of annual reports shall be 7 deposited with the BARMM Library and shall be accessible to the public.32 8 9 10 11

31 Derived from Sec. 29, Chapter 8, Book I, MMA 287 32 Derived from Sec. 30, Chapter 8, Book I, MMA 287

1 BOOK II 2 INTERGOVERNMENTAL RELATIONS 3

4 Sec. 1. Intergovernmental Relations Body. – Pursuant to Sec. 2. Art. VI 5 of the Bangsamoro Organic Law, the Intergovernmental Relations Body (IGRB) is 6 created to coordinate and resolve issues on intergovernmental relations through 7 regular consultation and continuing negotiation in a non-adversarial manner.

8 The Chief Minister shall appoint or designate representatives of the 9 Bangsamoro Government to the IGRB, as well as its Secretariat, through a Special 10 Memorandum Order.

11 Sec. 2. Other IGR Bodies. – The following are the other IGR Bodies, 12 whose Bangsamoro Government representatives shall likewise be appointed or 13 designated by the Chief Minister through a Special Memorandum Order, unless 14 otherwise provided in the Bangsamoro Organic Law:

15 a. Philippine Congress-Bangsamoro Parliament Forum; 16 b. Intergovernmental Fiscal Policy Board; 17 c. Joint Body for the Zones of Joint Cooperation; 18 d. Intergovernmental Infrastructure Development Board; 19 e. Intergovernmental Energy Board; 20 f. Bangsamoro Sustainable Development Board; and 21 g. Council of Leaders. 22 23 Sec. 3. Council of Leaders. - The Council of Leaders shall advise the Chief 24 Minister on matters of governance in the Bangsamoro Autonomous Region. It shall 25 consist of the following members: 26 27 a. Chief Minister as head of the council; 28 b. Members of the Congress of the Philippines from the Bangsamoro 29 Autonomous Region; 30 c. Provincial governors, and mayors of chartered cities in the Bangsamoro 31 Autonomous Region; 32 d. One (1) representative each from the traditional leaders, non-Moro 33 indigenous communities, women, settler communities, the Ulama, youth, 34 and Bangsamoro communities outside of the Bangsamoro Autonomous 35 Region; and 36 e. Representatives of other sectors. 37 38 The representation of the non-Moro indigenous communities shall be 39 pursuant to their customary laws and indigenous processes.33 40 41 Sec. 4. Sectoral representatives to the Council of Leaders. – The 42 sectors to be represented in the Council of Leaders under paragraph (e) of the 43 preceding section, and the number of representatives from each sector, are as

33 Sec. 8, Art. VI, BOL

1 follows: (a) one (1) representative from a professional association; (b) one (1) 2 representative from the business sector; (c) one (1) representative from a private 3 educational institution; (d) one (1) representative from the labor sector; and (e) one 4 (1) representative from the farmers’ sector. 5 6 Sec. 5. Selection of representatives. – The Chief Minister shall select the 7 representatives in paragraphs (d) and (e) of Section 3 above from a list of nominees 8 based on the following qualifications: 9 10 a. Residency. Representatives-nominees must be residents and registered 11 voters of the Bangsamoro Autonomous Region, of legal age, not otherwise 12 disqualified by law, with a proven track record in the community or sector 13 represented, and must be willing and able to participate in all activities of 14 the Council of Leaders. 15 16 b. Occupation. A nominee must not hold any government position, whether 17 appointive or elective and must not receive any remuneration from the 18 government while serving as community or sectoral representative to the 19 Council of Leaders. 20 21 c. Nomination. The nominee must be formally nominated by a registered 22 organization, association or institution of the community or sector being 23 represented. An organization that has government officials and employees 24 as ex-officio members of the Governing Board or whose operations are 25 funded by the government are disqualified. Financial support by the 26 government to specific projects will not be considered as funding support 27 to operations. 28 29 If no nominations are submitted, the Chief Minister shall select and appoint 30 any qualified person of the category to the vacant position.34

31 Sec. 6. Principles of Intergovernmental Relations in the 32 Bangsamoro. – Intergovernmental Relations (IGR) mechanisms seek the 33 achievement of common goals through alignment and cohesion across all levels of 34 government.35 As such:

35 a. There should be mutual respect between the different levels of 36 government. There must be an unequivocal recognition of each side’s 37 authority and accountability; 38 b. There must be an ethos of interdependence. Each side must see the need 39 to cooperate and collaborate to achieve the intended goal; and 40 c. The IGR mechanism must be a platform for civic participation. Hence, 41 there must be space for civil society organizations to engage in the policy -

34 Derived from Sec. 9, Chapter III, Title II of Presidential Decree No. 198, also known as the “Provincial Water Utilities Act of 1973”. 35 Chakunda Vincent and Ogochukwu Nzewi, 2018, ‘Intergovernmental relations in federal and unitary nations: A framework for analysis’, International Affairs and Global Strategy, Vol.60, as cited by Atty. Michael Henry Yusingco, LLM in “The Fundamentals of Intergovernmental Relations or IGR”

1 making process as well as in the implementation phase of any 2 development program.36

3 Sec. 7. National Government Offices and Ministries/Agencies in 4 the BARMM. - Subject to applicable laws, orders and/or policies, the Bangsamoro 5 Government shall be consulted on and resolve any National Government action that 6 may affect matters of particular interest to the former. For this purpose, the National 7 Government and the Bangsamoro Government shall regularly meet, through the 8 IGRB, to coordinate and resolve issues on intergovernmental relations through 9 regular consultation and continuing negotiation in a non-adversarial manner.

10 Other government offices, agencies, instrumentalities, entities and 11 government-owned or -controlled corporations, including people’s and non- 12 government organizations in the Bangsamoro Autonomous Region which are not 13 covered by the preceding paragraph shall be dealt with in accordance with the 14 applicable existing laws, policies, orders and/or such regional laws the Parliament 15 may enact for the purpose.37

16 Sec. 8. Bangsamoro Government and its Constituent Local 17 Government Units. – The authority of the Bangsamoro Government to regulate 18 the affairs of its constituent local government units shall be guaranteed in 19 accordance with the Bangsamoro Organic Law and a Bangsamoro Local Governance 20 Code to be enacted by the Parliament, which shall provide the institutional 21 framework to govern the relationship of the national government, the BARMM 22 government and the LGUS within the BARMM. 23 24 The privileges already enjoyed by local government units under Republic Act 25 No. 7160, otherwise known as the “Local Government Code of 1991,” as amended, 26 and other existing laws shall not be diminished.”38

27 Sec. 9. Exercise of Powers of the Bangsamoro Government. – The 28 exercise of powers granted to the Bangsamoro Government by the Bangsamoro 29 Organic Law on matters which do not fall under the sole jurisdiction of the National 30 Government shall include the power of administration and that of issuing internal 31 regulations for the organization of the Bangsamoro Government.

32 Sec. 10. Application of Laws. - Laws emanating from, and passed by, the 33 Bangsamoro Government on matters of its exclusive jurisdiction are applicable in 34 preference to any other. Only in its absence shall national laws be applied to 35 supplement it.

36 37

36 Atty. Michael Henry Yusingco, LLM in “The Fundamentals of Intergovernmental Relations or IGR” 37 Derived from Sec. 2, Chapter 2, Title VI, Book II, MMA 287 38 Sec. 10, Art. VI, BOL

1 BOOK III 2 THE BANGSAMORO AUTONOMOUS GOVERNMENT 3 4 5 TITLE I: 6 Bangsamoro Government 7 8 Sec 1. Powers of Government. – The powers of government shall be 9 vested in the Parliament which shall exercise those powers and functions expressly 10 granted to it in the Bangsamoro Organic Law, and those necessary for, or incidental 11 to, the proper governance and development of the Bangsamoro Autonomous Region. 12 It shall set policies, legislate on matters within its authority, and elect a Chief 13 Minister who shall exercise executive authority on its behalf.39 14 15 Sec. 2. Legislative Authority. – The Parliament shall have the authority to 16 enact laws on matters that are within the powers and competencies of the 17 Bangsamoro Government.40 18 19 Sec. 3. Executive Authority. – The executive function and authority shall 20 be exercised by the Cabinet which shall be headed by a Chief Minister. The Chief 21 Minister shall be elected by a majority vote of all the members of the Parliament. 22 23 The Chief Minister shall nominate two (2) Deputy Chief Ministers who shall 24 be elected by the Parliament as provided under the Bangsamoro Organic Law, and 25 appoint the members of the Cabinet, majority of whom shall come from the 26 Parliament.41 27 28 29 TITLE II: 30 Wali 31 32 Sec. 1. Wali. – The Wali shall serve as the ceremonial head of the 33 Bangsamoro Government. 34 35 The Parliament shall issue a resolution reflecting its consensus on the 36 selection of the Wali from a list of names of eminent residents of the Bangsamoro 37 Autonomous Region submitted by the Council of Leaders.42 38 39 Sec. 2. Qualifications. – The Wali shall possess the following 40 qualifications at the time of his nomination: 41 42 a. Natural-born citizen of the Philippines; 43 b. Able to read and write in Filipino, English, or Arabic; 44 c. At least forty (40) years of age; 45 d. A resident of the Bangsamoro Autonomous Region for at least fifteen (15) 46 years; and

39 See Sec. 2, Art. VII, BOL 40 See Sec. 3, Art. VII, BOL 41 See Sec. 4, Art. VII, BOL 42 See Sec. 1, Art. VIII, BOL

1 e. No prior conviction for any criminal or administrative offense by any 2 court or quasi-judicial body.43

3 Sec. 3. Duties of the Wali. – The Wali shall perform the following 4 ceremonial duties: 5 6 a. Opening the session of the Parliament; 7 b. Administering the oath of office of the Chief Minister, Deputy Chief 8 Ministers, Speaker of Parliament, Members of Parliament, and the 9 Cabinet Ministers; 10 c. Dissolving the Parliament upon the advice of the Chief Minister after a 11 vote of no confidence against the government of the day; 12 d. Calling for election of a new Parliament; 13 e. Attending public ceremonies;44 and 14 f. Welcoming foreign and local dignitaries45.

15 Sec. 4. Removal of the Wali. – Any member of the Parliament may 16 initiate the move for the removal of the Wali on any of the grounds enumerated 17 under Section 6, Article VIII46 of the Bangsamoro Organic Law and, by majority vote 18 of its members of Parliament, proceed to hear and determine the allegations against 19 him. 20 21 The Bangsamoro Parliament may remove the Wali from office by ¾ vote of 22 all its members upon finding of commission of the enumerated acts in Section 6, 23 Article VIII of the Bangsamoro Organic Law, provided that the Wali shall be afforded 24 due process. The Bangsamoro Parliament shall promulgate the necessary rules to 25 carry out the purpose of this section. 26 27 The Wali may submit his resignation to the Speaker of the Bangsamoro 28 Parliament but in no case vacate his position without the approval of majority of the 29 Parliament.47 30 31 In case the Wali is indisposed to perform his duties for compelling reasons, 32 the Parliament shall designate by simple majority an Acting Wali from those 33 originally listed to perform the duties appurtenant to the Office of the Wali until the 34 latter resumes the performance of his duties and functions. 35 36 Sec. 5. Vacancy of the position of Wali. – In case of death, permanent 37 disability, removal from office, or resignation of the Wali, the Parliament shall 38 appoint a new Wali within thirty (30) days from vacancy.

43 See Sec. 2, Art. VIII, BOL 44 See Sec. 3, Art. VIII, BOL 45 Proposed additional function of the Wali (merely ceremonial) 46 (a) Failure to dissolve the Parliament after a vote of no confidence; (b) Conviction of a crime involving moral turpitude; (c) Failure to perform the functions of a Wali; and (d) Such other grounds as the Parliament may provide. 47 The Wali, while clothed by the BOL with “only” ceremonial functions, des erves to be considered as having a dignified role in the Bangsamoro Government. The Wali can dissolve the Parliament. Hence, approval of the majority of the Parliament is necessary.

1 2 Sec. 6. Term of Office. - The Wali shall hold office for six (6) years.48 In 3 case of vacancy, the successor shall only serve the remaining unexpired term of the 4 predecessor. The first appointed Wali by the Bangsamoro Transition Authority shall 5 hold office for three (3) years or until his successor has assumed office. 6 7 Sec. 7. Prohibitions. – The Wali shall not hold any other office or 8 employment in the Government, or any subdivision, agency, or instrumentality 9 thereof, including government-owned or controlled corporations or their 10 subsidiaries, during his/ term without forfeiting his/ seat. The Wali shall not engage, 11 directly or indirectly, in any business or commercial enterprise in the Bangsamoro 12 Autonomous Region where there may be a conflict of interest in the exercise of their 13 functions. The Wali may not personally appear as counsel before courts of justice or 14 quasi-judicial and other administrative bodies within the Bangsamoro Autonomous 15 Region.49 Neither shall the Wali be, directly or indirectly, financially interested in 16 any contract with, or in any franchise or special privilege granted by the Bangsamoro 17 Government, or any subdivision, agency, or instrumentality thereof, including any 18 government-owned or controlled corporation or its subsidiary, during his term of 19 office, nor intervene in any manner before any office of the Bangsamoro Government 20 for his pecuniary benefit or where the Wali may be called upon to act on account of 21 his office. 22 23 Sec. 8. Performance of Functions. – The Wali shall act independently in 24 the performance of his functions, and shall enjoy sufficient degree of autonomy. For 25 this purpose, he must not receive instructions from any person, regardless of 26 position, regarding the exercise of his tasks. 27 28 Sec. 9. Appointments. - The Chief Minister, upon recommendation of the 29 Wali, shall appoint the support staff in the Office of the Wali, subject to civil service 30 laws, rules and regulations. 31 32 Sec. 10. Divisions. - The Office of the Wali shall have the following 33 Divisions: 34 35 a. Administrative and Finance Services Division; and 36 b. Protocol and Other Support Services Division.50 37 38 Sec. 11. Administrative and Finance Division. - The Administrative 39 and Finance Division shall be responsible for the day - to - day operations of the 40 office and shall carry out the following functions: 41 42 a. Provide administrative support to the Office; 43 b. Manage the finances of the Office; and 44 c. Carry out other administrative functions assigned by the Wali. 45 Sec. 12. Protocol and Other Support Services Division. - The Protocol 46 and Other Support Services Division shall have the following functions:

48 See Sec. 4, Art. VIII, BOL 49 Assuming that the Wali is a member of the Philippine Bar or the Special Shari’ah Bar with authority to appear in courts 50 The proposed Divisions are relevant to the *proposed additional* functions of the Wali.

1 2 a. Provide the necessary arrangement for programs and ceremonial activities 3 of the BARMM requiring the attendance of the Wali; 4 b. Provide the necessary manpower for utility, food and other relevant 5 logistical support services for the Office; and, 6 c. Carry out other functions as may be assigned by the Wali. 7 8 Sec. 13. Per Diem and Allowances. - The Wali shall be entitled to receive 9 Per Diems, representation, transportation, and living allowance, and other 10 emoluments appropriate to his stature, in accordance with the Bangsamoro Organic 11 Law and other regional laws, subject to the usual government accounting and 12 auditing principles.51 13 14 The Per Diem shall be sourced from the funds of the Office of the Wali and 15 shall be provided for in the annual Bangsamoro Appropriations Act. 16 17 Sec. 14. Notice to the Wali. - All offices that will conduct public 18 ceremonies requiring the attendance of the Wali shall give prior written notice to the 19 Office. 20 21 Sec. 15. Facilities. - The Bangsamoro Government shall provide adequate 22 facilities for the efficient functioning of the Office. 23 24 The Wali shall also be provided an official residence during his tenure with 25 necessary supplies and equipment deserving his stature as the ceremonial head of 26 the Bangsamoro Government. 27 28 29 TITLE III: 30 Bangsamoro Parliament 31 32 Sec. 1. Powers of the Bangsamoro Parliament. – The Bangsamoro 33 Parliament shall exercise the powers granted to it under Section 5, Article VII of the 34 Bangsamoro Organic Law.52 35

51 Derived from Sec. 5, Art. VIII, BOL 52 a) Enact laws to promote, protect, and ensure the general welfare of the Bangsamoro people and other inhabitants in the Bangsamoro Autonomous Region; b) Call for a referendum on important issues affecting the Bangsamoro Autonomous Region; c) Enact a law on initiatives; d) Conduct inquiries in aid of legislation in accordance with its rules. The rights of persons appearing in or affected by such inquiries shall be respected; e) Enact a law that allows the Chief Minister, Speaker of the Parliament, and the Presiding Justice of the Shari'ah High Court to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations; f) Enact a law within the competencies of the Bangsamoro Government to regulate the grant of regional franchises and concessions, and empower the Chief Minister to grant leases, permits, and licenses over agricultural lands and for forest management; g) Discipline its members as provided in Section 26, Article VII of the Bangsamoro Organic Law; h) Enact laws declaring Bangsamoro holidays; and i) Be consulted on matters affecting the environment.

1 Sec. 2. Composition. – The Parliament shall be composed of eighty (80) 2 members, unless otherwise increased by the Congress of the Philippines53. 3 4 Sec. 3. Classification and Allocation of Seats. – The seats in the 5 Parliament shall be classified and allocated as follows: 6 7 (a) Party Representatives. – One-half of the members of the Parliament 8 shall be representatives of political parties who are elected through a system of 9 proportional representation based on the Bangsamoro territorial jurisdiction. 10 11 Any organized group in the Bangsamoro Autonomous Region may register as a 12 political party with the Bangsamoro Electoral Office, with qualifications to be 13 prescribed by the Bangsamoro electoral code. 14 15 Each registered political party shall submit to the Bangsamoro Electoral Office 16 before the election a manifestation of intent to participate in the parliamentary 17 election of party representatives in the Bangsamoro Autonomous Region, 18 incorporating therein a list of nominees, ranked from one (1) to forty (40), from 19 which party representatives shall be chosen in case they obtain the required number 20 of votes. No person shall be nominated in more than one (1) list. 21 22 The number of seats allocated for each political party shall be based 23 proportionately on the percentage of votes obtained by each political party as against 24 the total votes cast in the Bangsamoro Autonomous Region for the election of party 25 representatives. 26 27 Any elected party representative who changes political party affiliation during 28 the representative’s term of office shall forfeit the seat in the Parliament: Provided, 29 That if the elected party representative changes political party affiliation within six 30 (6) months before an election, the same person shall not be eligible for nomination 31 as party representative under the new party or organization. 32 33 (b) Parliamentary District Seats. – Not more than forty percent (40%) of 34 the members of Parliament shall be elected from single member parliamentary 35 districts apportioned for the areas and in the manner provided for by the Parliament. 36 The allocation of the parliamentary district seats shall be determined by the 37 Bangsamoro Transition Authority as provided for in Section 4, Article XVI thereof. In 38 the allocation of district seats, the Bangsamoro Transition Authority shall adhere to 39 the standards set in Section 10, Article VII of the Bangsamoro Organic Law. 40 41 The Parliament may, by law, undertake new redistricting in order to ensure a 42 more equitable representation of the constituencies in the Parliament. 43 44 The district representatives shall be elected through direct plurality vote by 45 the registered voters in the parliamentary districts. 46 47 (c) Reserved Seats and Sectoral Representatives. – Reserved seats and 48 sectoral representatives shall constitute at least ten percent (10%) of the members of 49 the Parliament, which shall include two (2) reserved seats each for non-Moro

53 See Sec. 6, Art. VII, BOL

1 indigenous peoples and settler communities. Women, youth, traditional leaders, and 2 the Ulama shall have one sectoral seat each: Provided, That the reserved seats and 3 sectoral representatives shall in no case be less than eight (8) seats. 4 5 The Parliament shall determine the manner of election of the reserved seats 6 and sectoral representatives. 7 8 For the first parliamentary election following the ratification of the 9 Bangsamoro Organic Law, the allocation of reserved and sectoral representative 10 seats shall be determined by the Bangsamoro Parliament as provided for in the 11 Bangsamoro Organic Law.54 12 13 Sec. 4. Election for Reserved Seats for Non-Moro Indigenous 14 Peoples. – Notwithstanding the immediately preceding sections, reserved seats for 15 non-Moro indigenous peoples such as Teduray, Lambangian, Dulangan Manobo, 16 B’laan, and Higaonon shall adhere to their customary laws and indigenous processes 17 based on the following: 18 19 a. Primacy of customary laws and practices; 20 b. Primacy of consensus building; 21 c. Acceptability to the community; 22 d. Inclusivity and full participation; 23 e. Representation of the collective interests and aspirations of non-Moro 24 indigenous peoples; 25 f. Sustainability and strengthening of indigenous political structures; 26 g. Track record and capability; and 27 h. Gender equality.55 28 29 Sec. 5. Regional Parties. – A free and open regional party system shall be 30 allowed to evolve according to the free choice of the people. Towards this end, only 31 regional political parties duly accredited by the Bangsamoro Electoral Office, as 32 approved by the Commission on Elections, shall participate in the parliamentary 33 elections in the Bangsamoro Autonomous Region. The Bangsamoro Government 34 shall ensure the inclusion of women’s agenda and the involvement women and the 35 youth in the electoral nominating process of the political parties.56 36 37 Sec. 6. Term of Office. – The term of office of the members of the 38 Parliament shall be three (3) years: Provided, That no member shall serve for more than 39 three (3) consecutive terms. Voluntary renunciation of office for any length of time or 40 the dissolution of the Parliament by the Wali shall not be considered as an interruption 41 in the continuity of the service for the full term for which the member was elected.57 42 43 Sec. 7. Qualifications. – No person shall be a member of the Parliament 44 unless the person is a citizen of the Philippines, at least twenty-five (25) years of age on 45 the day of the election, able to read and write, and a registered voter in the 46 Bangsamoro Autonomous Region.

54 See Sec. 7, Art. VII, BOL 55 See Sec. 8, Art. VII, BOL 56 See Sec. 9, Art. VII, BOL 57 See Sec. 11, Art. VII, BOL

1 2 A candidate for youth representative shall not be less than eighteen (18) years 3 and not more than thirty (30) years of age at the time of election. 4 5 A candidate for district representative must be a registered voter of the district 6 in which the person is a candidate, and has resided in the district for at least one (1) 7 year immediately preceding the day of the election.58 8 9 Sec. 8. Remuneration of Members of Parliament. – Until the 10 Parliament provides otherwise, the remuneration of Members of Parliament shall 11 consist of: 12 13 a. In the case of the Chief Minister, salaries and emoluments equivalent to 14 Salary Grade 31 based on the Revised Compensation and Position 15 Classification System of the National Government as provided under 16 Republic Act No. 6758, as amended; 17 b. In the case of the Deputy Chief Ministers and the Speaker of the Parliament, 18 salaries and emoluments equivalent to Salary Grade 30 based on the 19 Revised Compensation and Position Classification System of the National 20 Government as provided under Republic Act No. 6758, as amended; and 21 c. In the case of Members of Parliament, salaries and emoluments equivalent 22 to Salary Grade 29 based on the Revised Compensation and Position 23 Classification System of the National Government as provided under 24 Republic Act No. 6758, as amended.

25 No increase in the compensation shall take effect until after the expiration of 26 the full term of all the members of the Parliament approving such increase. 27 28 Members of the Parliament shall not receive during their tenure other salary 29 and emoluments from the Bangsamoro Government or from the National 30 Government.59 31 32 Sec. 9. Disclosure. – Members of the Parliament shall, upon their 33 assumption of office, make a full disclosure of their financial and business interests, 34 including those of their spouses and children. They shall notify the Parliament of any 35 potential conflict of interest that may arise from the filing of bills or resolutions of which 36 they are authors.60 37 38 Sec. 10. Prohibition Against Conflict of Interest. – The Chief Minister, 39 Deputy Chief Ministers, members of the Cabinet, and members of the Parliament, 40 during their term, shall not engage, directly or indirectly, in any business or commercial 41 enterprise in the Bangsamoro Autonomous Region where there may be a conflict of 42 interest in the exercise of their functions.61 43

58 See Sec. 12, Art. VII, BOL 59 Derived from Sec. 13, Art. VII, BOL 60 See Sec. 14, Art. VII, BOL 61 See Sec. 15, Art. VII, BOL

1 No member of the Parliament may personally appear as counsel before courts 2 of justice or quasi-judicial and other administrative bodies within the Bangsamoro 3 Autonomous Region. Neither shall a member be, directly or indirectly, financially 4 interested in any contract with, or in any franchise or special privilege granted by the 5 Bangsamoro Government, or any subdivision, agency, or instrumentality thereof, 6 including any government-owned or controlled corporation or its subsidiary, during the 7 member’s term of office, nor intervene in any manner before any office of the 8 Bangsamoro Government for the member’s pecuniary benefit or where the member 9 may be called upon to act on account of the member’s office. 10 11 Sec. 11. Prohibited Business and Pecuniary Interest. – (1) It shall be 12 unlawful for the Chief Minister, Deputy Chief Ministers, members of the Cabinet, 13 and members of the Parliament to directly or indirectly: 14 15 a. Engage in any business transaction with the Bangsamoro Government or 16 with any of its authorized boards, officials, agents, or attorneys, whereby 17 money is to be paid, or property or any other thing of value is to be 18 transferred, directly or indirectly, out of the resources of the Bangsamoro 19 Government to such person or firm; 20 b. Hold such interests in any cockpit or other games licensed by the 21 Bangsamoro Government; 22 c. Purchase any real estate or other property forfeited in favor of the 23 Bangsamoro Government for unpaid taxes or assessment, or by virtue of a 24 legal process at the instance of the Bangsamoro Government; 25 d. Be a surety for any person contracting or doing business with the 26 Bangsamoro Government for which a surety is required; and 27 e. Possess or use any public property of the Bangsamoro Government for 28 private purposes. 29 30 (2) All other prohibitions governing the conduct of national public officers 31 relating to prohibited business and pecuniary interest so provided for under Republic 32 Act No. 6713 or the "Code of Conduct and Ethical Standards for Public Officials and 33 Employees" and other laws shall also be applicable to the Chief Minister, Deputy 34 Chief Ministers, members of the Cabinet, and members of the Parliament.62 35 36 Sec. 12. Practice of Profession. – (1) The Chief Minister, Deputy Chief 37 Ministers, and members of the Cabinet, including members of the Parliament 38 holding Cabinet positions, are prohibited from practicing their profession or 39 engaging in any occupation other than the exercise of their functions as officials of 40 the Bangsamoro Government. 41 42 (2) Members of the Parliament who are not holding Cabinet positions may 43 practice their professions, engage in any occupation, or teach in schools except 44 during session hours: Provided, That members of the Parliament who are also 45 members of the Philippine Bar shall not: 46 47 a. Appear as counsel before any court in any civil case wherein the 48 Bangsamoro Government or any office, agency, or instrumentality of the 49 government is the adverse party;

62 See Sec. 16, Art. VII, BOL

1 b. Appear as counsel in any criminal case wherein an officer or employee of 2 the National Government or the Bangsamoro Government is accused of an 3 offense committed in relation to the office; 4 c. Collect any fee for appearance in administrative proceedings involving the 5 Bangsamoro Government; and 6 d. Use property and personnel of the government except when the member 7 concerned is defending the interest of the government. 8 9 (3) Doctors of medicine may practice their profession even during official 10 hours of work only on occasions of emergency: Provided, That the members 11 concerned do not derive monetary compensation therefrom.63 12 13 Sec. 13. Forfeiture of Seat. – A Member of Parliament shall forfeit his/her 14 seat under any of the following circumstances: 15 16 a. Voluntary resignation in the form of either a written or oral declaration in 17 the Parliament; 18 b. Conviction of a grave offense by a regular court or a finding of guilt of a 19 grave offense as defined by the rules of the Bangsamoro Parliament for 20 treason, high crimes, heinous crimes, crimes against morality, or other 21 crimes punishable by more than six (6) years; 22 c. Permanent physical or mental incapacity, inability to discharge the duties 23 of a member of the Bangsamoro Parliament, or death; 24 d. Substitution by the party to which the member belongs with another 25 member of the same party, the member having been elected under the 26 proportional representation system; 27 e. Transfer to another party during one’s incumbency as member of the 28 Bangsamoro Parliament, the member having been elected under the 29 proportional representation system; 30 f. Expulsion by the Bangsamoro Parliament for disorderly behavior, with the 31 concurrence of two-thirds of all its members; and 32 g. Such other grounds as may be provided in the Bangsamoro Electoral 33 Code.64 34 35 Sec. 14. Filling of Vacancy. – In case of a vacancy of a proportional 36 representation seat, the party to which that seat belongs shall fill the vacancy. 37 38 In case of a vacancy of a district seat by an affiliated member of the Bangsamoro 39 Parliament, the party to which the member belongs shall, within thirty (30) days from 40 the occurrence of such vacancy, nominate a substitute who shall be appointed by the 41 Chief Minister subject to the Bangsamoro Electoral Code. 42 43 In case of a vacancy in the seat occupied by an unaffiliated member of the 44 Bangsamoro Parliament occurring at least one (1) year before the expiration of the 45 term of office, a special election may be called to fill such vacancy in the manner 46 prescribed by law enacted by the Bangsamoro Parliament. 47

63 See Sec. 17, Art. VII, BOL 64 See Sec. 19, Art. VII, BOL

1 The appointed or elected member of the Bangsamoro Parliament, as the case 2 may be, shall serve the unexpired term of the vacant office.65 3 4 Sec. 15. Privileges and Immunities. – Any member of the Bangsamoro 5 Parliament who commits an offense within the Bangsamoro Autonomous Region that is 6 punishable by not more than six (6) years imprisonment, shall be privileged from arrest 7 while the Bangsamoro Parliament is in session. 8 9 No member of the Bangsamoro Parliament shall be questioned or be held liable 10 in any other place for any speech or debate in the Bangsamoro Parliament or in any of 11 its committees.66 12 13 Sec. 16. Right to Initiate Legislation. - The right to initiate legislation is 14 primarily lodged in the Government of the Day 67. District-specific bills may, on the 15 other hand, be introduced by the members of the Parliament elected from single 16 parliamentary districts referred to in Section 7, Article VII of the Bangsamoro 17 Organic Law. Members of Parliament may, both in plenary session and in committee, 18 table requests, questions, interpellations and motions for which presence of the Chief 19 Minister and/or the Bangsamoro Cabinet may be summoned. The Parliament shall 20 regulate popular initiative as regards the submission of bills which are to be 21 considered by it, in accordance with whatever is established by the Parliamentary 22 Rules and Procedures. 23 24 Sec. 17. Appropriations. – No public money including the block grant and 25 other national government subsidies and support funds given in lump sum shall be 26 spent without an appropriations act clearly defining the purpose for which it is 27 intended. The Bangsamoro Parliament shall pass an annual appropriations law.68 28 29 Sec. 18. Budget. – The form, content, and manner of preparation of the 30 Bangsamoro Government budget shall be prescribed by law enacted by the 31 Bangsamoro Parliament, consistent with existing laws, rules and regulations, and 32 submitted by the Bangsamoro Budget Office under the Ministry of Finance and Budget 33 and Management.69 34 35 Sec. 19. Reenacted Budget. – If, by the end of a fiscal year, the Bangsamoro 36 Parliament shall have failed to pass the Bangsamoro appropriations bill for the ensuing 37 fiscal year, the Bangsamoro appropriations law for the preceding fiscal year shall be 38 deemed reenacted and shall remain in force and effect until a new Bangsamoro 39 appropriations bill is passed by the Bangsamoro Parliament. 40 41 Only the annual appropriations for salaries and wages of existing positions, 42 statutory and contractual obligations, and operating expenses authorized in the annual 43 budget of the preceding year shall be deemed reenacted and the disbursement of funds 44 shall be in accordance therewith.70

65 See Sec. 21, Art. VII, BOL 66 See Sec. 22, Art. VII, BOL 67 For purposes of the transition, it is the Bangsamoro Cabinet that is considered as the Government of the Day. 68 See Sec. 27, Art. VII, BOL 69 Derived from Sec. 28, Art. VII, BOL 70 See Sec. 29, Art. VII, BOL

1 TITLE IV: 2 The Bangsamoro Cabinet 3 4 5 Chapter 1 6 Executive Officers 7 8 Sec. 1. Head of the Bangsamoro Cabinet. - The Chief Minister is the head 9 of the Bangsamoro Cabinet, consisting of th0065 cabinet ministers of the fifteen (15) 10 primary ministries, and heads of offices or agencies, who by law, are determined to 11 be members of the cabinet.

12 Sec. 2. Qualifications of the Chief Minister. - No person shall be elected 13 as Chief Minister unless a member of the Parliament, a natural-born citizen of the 14 Philippines, and at least twenty-five(25) years of age on the day of the election.71

15 Sec. 3. Election of the Chief Minister. On the first day of session 16 following the election of the members of the Parliament, the Parliament shall elect 17 the Chief Minister by a majority vote of all its members.

18 If no member of the Parliament obtains the majority vote necessary to be 19 elected Chief Minister in the first round of voting, a runoff election shall be 20 conducted: Provided, That the members of the Parliament shall elect the Chief 21 Minister from the two (2) candidates who obtained the highest number of votes cast 22 in the first round.72

23 Sec. 4. Powers, Duties, and Functions of the Chief Minister. - The 24 Chief Minister shall exercise the powers, duties, and functions enumerated under 25 Section 32, Article VII of the Bangsamoro Organic Law.73

26 Sec. 5. Administration of the Oath of Office. - The oath of office and 27 swearing of the Chief Minister and all the members of the Parliament upon their 28 election shall be administered by the Wali.74

29 Sec. 6. Membership in Other Offices. - The Chief Minister shall be a 30 member of the Mindanao Development Authority. The Chief Minister shall be an ex 31 officio member of the National Security Council, the National Economic and

71 See Sec. 30, Art. VII, BOL 72 See Sec. 31, Art. VII, BOL 73 a) Head of the Bangsamoro Government; b) Appoint heads of ministries, agencies, bureaus, and offices of the Bangsamoro Government or other officers of Bangsamoro-owned or controlled corporations or entities with original charters; c) Appoint other officers in the Bangsamoro Government, as may be provided by the Parliament; d) Formulate a platform of government subject to the approval of the Parliament; e) Issue executive orders and other policies of the Bangsamoro Government; f) Represent the Bangsamoro Government in the affairs of the Bangsamoro Autonomous Region; g) Proclaim a state of calamity whenever typhoons, flash floods, earthquakes, tsunamis, or other natural or man-made calamities that cause widespread damage or destruction to life or property in the Bangsamoro Autonomous Region; and h) Exercise such other powers and functions inherent to the office. 74 Derived from Sec. 33, Art. VII, BOL

1 Development Authority Board on matters concerning the Bangsamoro Autonomous 2 Region, and other offices as may be provided by law or other issuances.75

3 Sec. 7. Vacancy in the Office of the Chief Minister. - In case of death, 4 permanent disability, removal from office, or resignation of the Chief Minister, the 5 Deputy Chief Minister, more senior in age, shall assume the Chief Minister who shall 6 serve in acting capacity pending the election of a new Chief Minister by the 7 Bangsamoro Parliament. The election shall be held within thirty (30) days from the 8 occurrence of the vacancy.76 9 10 In case of death, permanent disability, removal from office, or the resignation 11 of both the Chief Minister and the Deputy Chief Ministers, the Speaker of the 12 Bangsamoro Parliament shall act as the Chief Minister until the Chief Minister and 13 the Deputy Chief Ministers are elected and qualified in an election among members 14 of the Parliament.77 15 16 Upon his/her assumption as acting Chief Minister, the Speaker of the 17 Bangsamoro Parliament shall temporarily vacate his/her position as such and an 18 interim speaker shall be elected. Upon the election and assumption of office of a new 19 Chief Minister, the Speaker shall reassume his/her office. 20 21 No special election shall be called to fill a vacancy occurring within one (1) 22 year immediately preceding the next regular election. In case of temporary incapacity 23 of the Chief Minister to perform his/her duties on account of physical or legal causes, 24 or when he/she is on official leave of absence or on travel outside the territorial 25 jurisdiction of the Republic of the Philippines, the Chief Minister may designate an 26 Acting Chief Minister from among the members of the Bangsamoro Cabinet. 27 28 Sec. 8. The Deputy Chief Ministers. – There shall be two (2) Deputy 29 Chief Ministers who shall be nominated by the Chief Minister and elected by 30 members of the Bangsamoro Parliament. 31 32 The Bangsamoro Autonomous Region shall have three (3) subregions, 33 namely: South Western Mindanao, North Central Mindanao, and South Central 34 Mindanao, all within the Bangsamoro territorial jurisdiction. To ensure 35 representation of all the subregions, the two (2) Deputy Chief Ministers shall come 36 from the other two (2) sub-regions different from that of the Chief Minister. 37 38 The Deputy Chief Ministers shall provide advisory or consultative services to 39 the Chief Minister on matters concerning their respective subregion. 40 41 The Deputy Chief Ministers may each hold a cabinet position.78 42 43 Sec. 9. Dissolution of Parliament Upon a Vote of No Confidence. – 44 Within seventy-two (72) hours upon a vote of no confidence of at least two-thirds 45 (2/3) of all the members of the Parliament against the Government of the Day, the

75 See Sec. 34, Art. VII, BOL 76 See last paragraph of Sec. 34, Art. VII, BOL 77 In order to prevent vacancy and to ensure continuity in government. 78 See Sec. 35, Art. VII, BOL

1 Chief Minister shall advise the Wali to dissolve the Parliament and call for a new 2 parliamentary election. The election for a new parliament shall be held not later than 3 one hundred twenty (120) days from the date of dissolution. 4 5 The incumbent Chief Minister and the Cabinet shall continue to conduct the 6 affairs of the Bangsamoro Government until a new Parliament is convened and a new 7 Chief Minister is elected and qualified. 8 9 In no case shall the Wali countermand the advice of the Chief Minister.79 10 11 Sec. 10. Prohibitions During Holdover. – After a vote of no confidence 12 against the government of the day shall have been obtained, and before a new 13 government is formed, the Chief Minister and the Cabinet shall not contract loans, 14 approve new contracts, or disburse public funds except those for payment of salaries 15 and wages and expenses for the regular operations of the government. 16 17 The Chief Minister and the Cabinet, during the holdover period, shall not 18 make appointments, except temporary appointments to positions when continued 19 vacancies therein will prejudice public service or endanger public safety.80 20 21 22 Chapter 2 23 Administrative Organization 24 25 Sec. 11. Organization of the Bureaucracy. – The Bangsamoro 26 Government shall have the power to create offices and organize its own bureaucracy. 27 It may establish other offices and institutions necessary for the exercise of its 28 functions and delivery of social services in the Bangsamoro Autonomous Region.81 29 30 In the exercise of executive authority, the Chief Minister shall have continuing 31 authority to reorganize executive offices, as provided under Sec. 74, Chapter 4, Title 32 I, Book IV of this Code. 33 34 Sec. 12. Ministers. – Consistent with Section 1, Chapter 1 of this Title, the 35 Chief Minister shall organize the Bangsamoro Cabinet, majority of whom shall come 36 from the Parliament. The Chief Minister shall also appoint such other ministers 37 and/or officers as may be necessary to perform the functions of government. 38 39 Sec. 13. The Bangsamoro Cabinet. – Without prejudice to the authority 40 of the Bangsamoro Government to reorganize the Cabinet and create new Offices, the 41 Bangsamoro Cabinet shall be composed of the following ministries with sub-offices, 42 namely: 43 44 a. Finance, and Budget and Management; 45 b. Social Services and Development; 46 c. Trade, Investments, and Tourism; 47 d. Labor and Employment;

79 See Sec. 36, Art. VII, BOL 80 See Sec. 37, Art. VII, BOL 81 See Sec. 38, Art. VII, BOL

1 e. Transportation and Communications; 2 f. Basic, Higher, and Technical Education; 3 g. Indigenous Peoples’ Affairs; 4 h. Health; 5 i. Public Works; 6 j. Interior and Local Government; 7 k. Environment, Natural Resources, and Energy; 8 l. Human Settlements and Development; 9 m. Science and Technology; 10 n. Agriculture, Fisheries, and Agrarian Reform; and 11 o. Public Order and Safety.82 12 13 Sec. 14. Deputy Ministers. – The Chief Minister shall appoint Deputy 14 Ministers in the ministries above-enumerated. 15 16 Sec. 15. Term of Office of Ministers and their Deputies. - The term of 17 office of Ministers and their deputies shall be co-terminus with the Chief Minister, 18 unless sooner removed by the latter. 19 20 Sec. 16. Other cases when a Minister ceases to hold office. - A 21 Minister shall also cease to hold office: 22 23 a. If he/she files a certificate of candidacy for any elective position. Nominees 24 under the party system in the Parliament are not covered by this provision; 25 b. If he/she resigns as Minister; 26 c. If he/she is elected as Speaker, Deputy Speaker, Majority Floor Leader, or 27 Minority Floor Leader of the Bangsamoro Parliament. 28 29 Sec. 17. Ministers to remain Members of Parliament. - Members of 30 Parliament who are appointed Ministers shall retain their membership in the 31 Parliament. 32 33 Sec. 18. Prohibition from Double Compensation. – Consistent with 34 the last paragraph of Section 13, Article VII of the Bangsamoro Organic Law, 35 Ministers who are at the same time Members of the Parliament shall receive only 36 such salaries and emoluments as Members of the Parliament. Nothing herein shall, 37 however, proscribe ministers from receiving allowable honoraria and other 38 allowances for services rendered as such, subject to the usual accounting and 39 auditing rules and regulations of the government.83 40 41 42 43

82 Derived from Sec. 8, Art. XVI, BOL 83 Since the functions are different in nature (legislative v. executive), it would be justifiable to allow collection of honoraria and/or allowances.

1 TITLE V: 2 The Bangsamoro Justice System

3 Sec. 1. Justice System in the Bangsamoro. - The Bangsamoro justice 4 system shall be administered in accordance with the unique cultural and historical 5 heritage of the Bangsamoro.

6 The dispensation of justice in the Bangsamoro Autonomous Region shall be in 7 consonance with the Constitution, Shari'ah, traditional or tribal laws, and other 8 relevant laws.

9 Shari'ah or Islamic law forms part of the Islamic tradition derived from 10 religious precepts of Islam, particularly the Qur'an and Sunnah.

11 Shari'ah shall apply exclusively to cases involving Muslims. Where a case 12 involves a non-Muslim , Shari'ah law may apply only if the non-Muslim voluntarily 13 submits to the jurisdiction of the Shari'ah court.

14 The traditional or tribal laws shall be applicable to disputes of indigenous 15 peoples within the Bangsamoro Autonomous Region.

16 The provisions of this Article shall not prejudice the rights of non-Muslims 17 and nonindigenous peoples.84

18 Sec. 2. Shari'ah Courts. - Shari'ah courts within the Bangsamoro 19 territorial jurisdiction shall form part of the Philippine judicial system subject to the 20 supervision of the Supreme Court. The regular courts within the Bangsamoro 21 Autonomous Region shall continue to function under the supervision of the Supreme 22 Court.85

23 Sec. 3. Power of the Parliament to Enact Laws Pertaining to 24 Shari'ah. - The Parliament shall have the power to enact laws on personal, family, 25 and property law jurisdiction.

26 For this purpose, the Parliament shall enact laws governing commercial and 27 other civil actions not provided for under Presidential Decree No. 1083, as amended, 28 otherwise known as " Code of Muslim Personal Laws of the Philippines," and 29 criminal jurisdiction on minor offenses punishable by arresto menor or ta'zir which 30 must be equivalent to arresto menor or fines commensurate to the offense.86

31 Sec. 4. Jurisdiction of the Shari'ah Circuit Courts. - 32 The Shari'ah Circuit Courts in the Bangsamoro Autonomous Region shall exercise 33 exclusive original jurisdiction over the following cases where either or both parties 34 are Muslims: Provided, That the non-Muslim party voluntarily submits to its 35 jurisdiction:

84 See Sec. 1, Art. X, BOL 85 See Sec. 2, Art. X, BOL 86 See Sec. 4, Art. X, BOL

1 a. All cases involving offenses defined and punishable under Presidential 2 Decree No. 1083, where the act or omission has been committed in the 3 Bangsamoro Autonomous Region; 4 b. All civil actions and proceedings between parties residing in the 5 Bangsamoro Autonomous Region who are Muslims or have been married 6 in accordance with Article 13 of Presidential Decree No. 1083, involving 7 disputes relating to: 8 9 i. Marriage; 10 ii. Divorce; 11 iii. Betrothal or breach of contract to marry; 12 iv. Customary dower or mahr; 13 v. Disposition and distribution of property upon devorce; 14 vi. Maintenance and support, and consolatory gifts; and 15 vii. Restitution of marital rights; 16 17 c. All case involving disputes relative to communal properties; 18 d. All cases involving ta'zir offenses defined and punishable 19 under Shari'ah law enacted by the Parliament punishable by arresto 20 menor or corresponding fine, or both; 21 e. All civil actions under Shari'ah law enacted by the Parliament involving 22 real property in the Bangsamoro Autonomous Region where assessed 23 value of the property does not exceed Four hundred thousand pesos 24 (₱400,000.00); and 25 f. All civil actions, if they have not specified in an agreement which law shall 26 govern their relations, where the demand or claim does not exceed Two 27 hundred thousand pesos (₱200,000.00).87

28 Sec. 5. Jurisdiction of the Shari'ah District Courts. - 29 The Shari'ah District Courts in the Bangsamoro Autonomous Region shall exercise 30 exclusive original jurisdiction over the following cases where either or both are 31 Muslims: Provided, That the non-Muslim party voluntarily submits to its 32 jurisdiction:

33 a. All cases involving custody, guardianship, legitimacy, and paternity and 34 filiation arising under Presidential Decree No. 1083; 35 b. All cases involving disposition, distribution, and settlement of the estate of 36 deceased Muslims, probate of wills issuance of letters of administrators or 37 executors regardless of the nature or the aggregate value of the property; 38 c. Petitions for the declaration of absence and death, and for the cancellation 39 or correction of entries in the Muslim Registries mentioned in Title VI of 40 Book Two of Presidential Decree No. 1083; 41 d. All actions arising from customary and Shari'ah compliant contracts in 42 which the parties are Muslims, if they failed to specify the law governing 43 their relations;

87 See Sec. 5, Art. X, BOL

1 e. All petitions for mandamus, prohibition, injunction, certiorari, habeas 2 corpus, and all other auxiliary writs and processes, in aid of its appellate 3 jurisdiction; 4 f. Petition for the constitution of a family home, change of name, and 5 commitment of an insane person to an asylum; 6 g. All other personal and real actions not falling under the jurisdiction of the 7 Shari'ah Circuit Courts wherein the parties involved are Muslims, except 8 those for forcible entry and unlawful detainer, which shall fall under the 9 exclusive original jurisdiction of the Municipal Trial Court; 10 h. All special civil actions for interpleader or declaratory relief wherein the 11 parties are Muslims residing in the Bangsamoro Autonomous Region or 12 the property involved belongs exclusively to Muslim and is located in the 13 Bangsamoro Autonomous Region; 14 i. All civil actions under Shari'ah law enacted by the Parliament involving 15 real property in the Bangsamoro Autonomous Region where the assessed 16 value of the property exceeds Four hundred thousand pesos 17 (₱400,000.00); and 18 j. All civil actions, if they have not specified in the agreement which law shall 19 govern their relations where the demand or claim exceeds Two hundred 20 thousand pesos (₱200,000.00).

21 The Shari'ah District Court in the Bangsamoro Autonomous Region shall 22 exercise appellate jurisdiction over all cases decided upon the Shari'ah Circuit Courts 23 in the Bangsamoro Autonomous Region within its territorial jurisdiction as provided 24 under Article 144 of Presidential Decree No. 1083, as amended.88

25 Sec. 6. Shari'ah High Court. - There is hereby created within the 26 Bangsamoro territorial jurisdiction, as part of the Philippine judicial system, 27 a Shari'ah High Court. It shall exercise exclusive original jurisdiction over the 28 following cases where either or both parties are Muslims: Provided, That the non- 29 Muslim party voluntarily submits to its jurisdiction:

30 a. All petitions for mandamus, prohibition, injunction, certiorari, habeas 31 corpus, and all other auxiliary writs and processes, in aid of its appellate 32 jurisdiction; and 33 b. All actions for annulment of judgements of Shari'ah District Courts within 34 outside the Bangsamoro Autonomous Region.

35 The decisions of the Shari'ah High Court shall be final and executory except on 36 questions of law which may be raised before the Supreme Court following the 37 procedure for appeals from the Court of Appeals to the Supreme Court.

88 See Sec. 6, Art. X, BOL

1 Nothing contained herein shall affect the original and appellate jurisdiction of 2 the Supreme Court as provided in the Constitution.89

3 Sec. 7. Composition and Organization of the Shari'ah High Court. – 4 The Shari'ah High Court shall be composed of five (5) Justices, including the 5 Presiding Justice.90

6 The Parliament may recommend to the Supreme Court the complete 7 organization of the Shari’ah High Court in Cotabato City, where the seat of the 8 Bangsamoro Government is located.

9 Sec. 8. Shari'ah High Court Administrator and Clerk of Court. - The 10 Supreme Court shall, upon recommendation of the Presiding Justice of the Shari'ah 11 High Court, appoint the court administrator and clerk of court of the High Court. 12 Such other personnel as may be necessary for the Shari'ah High Court shall be 13 appointed by the Presiding Justice of said court.

14 The pertinent provisions of existing law regarding the qualifications, 15 appointments, compensations, functions, duties, and other matters relative to the 16 personnel of the Court of Appeals shall apply to those of the Shari'ah High Court.91

17 Sec. 9. Compensation, Benefits, Tenure, and Privileges. - Justices of 18 the Shari'ah High Court shall have the same rank, prerogatives, salaries, allowances, 19 benefits, tenure, and privileges as the Justices of the Court of Appeals.

20 Judges of the Shari'ah District Courts shall have the same rank, prerogatives, 21 salaries, allowances, benefits, tenure, and privileges as judges of the Regional Trial 22 Court.

23 Judges of the Shari'ah Circuit Courts shall have the same rank, prerogatives, 24 salaries, allowances, benefits, tenure, and privileges as judges of the Municipal Trial 25 Court.

26 Pending the complete organization of the Shari'ah High Court, the decisions of 27 the Shari'ah Courts shall be appealable to the Court of Appeals.92

28 Sec. 10. Qualifications of Shari'ah Judges. -

29 a. Shari'ah Circuit Court - No person shall be appointed judge of 30 the Shari'ah Circuit Court unless a citizen of the Philippines who is a 31 Muslim, a regular member of the Philippine Bar, at least thirty (30) years of 32 age, must have been engaged in the practice of law for five (5) years or more, 33 and has completed at least two (2) years of Shari'ah or Islamic 34 Jurisprudence. 35

89 See Sec. 7, Art. X, BOL 90 See Sec. 9, ART. X, BOL 91 Derived from Sec. 14, Art. VIII of R.A. No. 9054 92 See Sec. 10, Art. X, BOL

1 b. Shari'ah District Court - No person shall be appointed judge of 2 the Shari'ah District Court unless a citizen of the Philippines who is a 3 Muslim, a regular member of the Philippine Bar, at least thirty-five (35) 4 years of age, must have been engaged in the practice of law for ten (10) years 5 or more, and has completed at least two (2) years of Shari'ah or Islamic 6 Jurisprudence. 7 8 c. Shari'ah High Court - No person shall be appointed as justice of 9 the Shari'ah High Court unless a natural-born citizen of the Philippines who 10 is a Muslim, a regular member of the Philippine Bar, at least forty (40) years 11 of age, must have been engaged in the practice of law for fifteen (15) years or 12 more, and has completed at least two years of Shari'ah or Islamic 13 Jurisprudence.

14 A Shari'ah Justice or Judge must be a person of competence, integrity, probity, 15 and independence.

16 The Supreme Court may grant the incumbent Shari'ah District and Circuit 17 Court judges who are not regular members of the Philippine Bar a reasonable period 18 within which to qualify, pending which they shall allowed to continue discharging 19 their duties.93

20 Sec. 11. Practice of Law Before Shari'ah Courts. - The following are 21 eligible to practice before Shari'ah courts:

22 a. A Shari'ah counselor-at-law; and 23 b. A regular member of the Philippine Bar: Provided, That a Muslim, or non- 24 Muslim who submits to the jurisdiction of the Shari'ah court, who acts on 25 one's behalf as counsel, shall be allowed to appear as such before 26 any Shari'ah court.94 27 28 Sec. 12. Appointment and Discipline of Shari'ah Court Personnel. - 29 The Supreme Court shall appoint the Shari'ah court personnel and shall have the 30 power to discipline them.95 31 32 33 A. SHARI’AH PUBLIC ASSISTANCE OFFICE

34 Sec. 13. Composition. – There is hereby created a Shari'ah Public 35 Assistance Office, to be headed by a director assisted by two (2) counselors who are 36 members of the Philippine Shari'ah Bar. They shall be assisted by an immediate 37 staff.

38 The director and two (2) Shari’ah counselors shall be appointed by the Chief 39 Minister.

93 See Sec. 8, Art. X, BOL 94 See Sec. 13, Art. X, BOL 95 See Sec. 14, Art. X, BOL

1 Unless otherwise provided by regional law, the compensation of the director 2 and the Shari'ah counselors shall be equivalent to the salary grade of a Director III 3 and a trial lawyer of the Public Assistance Office, respectively.

4 The Shari'ah Public Assistance Office is hereby established in each of the 5 Shari'ah judicial districts to provide free legal assistance to poor or indigent party 6 litigants.96

7 In the absence of an appropriate ministry or office to which the Shari'ah 8 Public Assistance Office may be attached, it shall, in the interim, be attached to the 9 Office of the Chief Minister.

10 Sec. 14. Functions. – The Shari’ah Public Assistance Office shall have the 11 following functions: 12 13 a. Provide free legal assistance to indigent party litigants with cases before 14 the Shari’ah Courts; 15 b. Prepare and file petitions, complaints and/or responsive pleadings, and 16 represent indigent defendants in ordinary civil actions before the Shari’ah 17 Courts; 18 c. Prepare and file responsive pleadings and represent indigent 19 defendants/respondents in special proceedings before the Shari’ah Courts; 20 d. Prepare affidavits and represent indigents in any stage of criminal 21 proceedings before the Shari’ah Courts; and 22 e. Perform such other functions as may be assigned by higher authorities. 23 24 25 B. SHARI’AH SPECIAL PROSECUTION SERVICE

26 Sec. 15. Composition. – There is hereby created a Shari’ah Special 27 Prosecution Service for Shari’ah administration of justice in the Bangsamoro. The 28 Shari’ah Special Prosecution Service shall be attached to the National Prosecutorial 29 Service of the National Government. The Bangsamoro Government shall recommend 30 the qualified applicants for the position of the Shari’ah prosecutors and personnel of 31 the Shari’ah Special Prosecution Service to the Secretary of Justice of the National 32 Government. 33 34 Sec. 16. Functions. – The Shari’ah Special Prosecution Service shall have 35 the following functions: 36 37 a. Assist in the administration of the Shari’ah justice system in the 38 Bangsamoro; 39 b. Conduct the preliminary investigation and prosecution of criminal cases 40 where both parties are Muslims and they fall under Shari’ah Criminal 41 Justice System, as provided for in the Bangsamoro Organic Law; 42 c. Monitor all criminal cases filed with the Shari’ah Courts, maintain an 43 updated record of the status of each case, and adopt such systems and 44 procedures as will expedite the disposition of such cases; and 45 d. Perform such other functions as may be assigned by higher authorities.

96 Derived from Sec. 6, Art. VIII of R.A. No. 9054

1 2 3 C. OFFICE FOR TRADITIONAL OR TRIBAL JUSTICE SYSTEMS

4 5 Sec. 17. Traditional or Tribal Justice Systems. - The indigenous peoples 6 shall have the right to use their own commonly accepted justice systems, conflict 7 resolution institutions, peace building processes or mechanisms, and order 8 customary laws and practices within their respective communities and as may be 9 compatible with the national legal system and with internationally recognized human 10 rights. 11 12 The traditional justice systems are the mechanisms to determine, settle, and 13 decide controversies and enforce decisions involving disputes between members of 14 the indigenous peoples concerned in accordance with the customary laws of these 15 communities.97

16 Sec. 18. Office for Traditional or Tribal Justice Systems. – The Office 17 for Traditional or Tribal Justice Systems is hereby created, with the primary 18 responsibility of overseeing the study, preservation, and development of traditional 19 or tribal justice systems within the Bangsamoro Autonomous Region. It shall be 20 attached to the Office of the Chief Minister.

21 The Office for Traditional or Tribal Justice Systems shall ensure the full 22 participation of Moro or non-Moro indigenous peoples in the formulation, 23 implementation, and evaluation of policies, related to the strengthening of tribal 24 justice systems: Provided, That such system shall maintain their indigenous 25 character in accordance with the respective practices of each tribe.

26 Sec. 19. Composition. - The Office for Traditional or Tribal Justice Systems 27 shall be headed by a Director II and assisted by support staff, all of whom shall be 28 appointed by the Chief Minister. Appointees shall be preferably members of tribal 29 communities. 30 31 Sec. 20. Functions. – The Office for Traditional or Tribal Justice Systems 32 shall have the following functions: 33 34 a. Conduct the study and preservation of traditional or tribal justice systems 35 within the Bangsamoro Autonomous Region; 36 b. Promote the development, formulation, implementation, and evaluation of 37 policies, related to the strengthening of tribal justice systems; 38 c. Coordinate with ministries, offices and agencies within the Bangsamoro 39 Autonomous Region to ensure meaningful and timely consultation with 40 tribal leaders in relation to item (b); and 41 d. Perform such other functions as may be assigned by the Chief Minister and 42 higher authorities. 43 44 D. REGULAR COURTS

97 See Sec. 17, Art. X, BOL

1 Sec. 21. Regular Courts. - Regular courts in the Bangsamoro Autonomous 2 Region shall continue to exercise their judicial functions, as provided by law.98 3 4 Sec. 22. Alternative Dispute Resolution. - The Bangsamoro Government 5 adopts the principles of conciliation and mediation in settling disputes, with the 6 Parliament enacting the necessary legislation to institute the mechanism for 7 alternative dispute resolution. The Shari'ah courts and traditional or tribal 8 adjudicatory tribunals may utilize this mode of settlement and resolution of cases.99 9 10 11

98 See Sec. 19, Art. X, BOL 99 See Sec. 20, Art. X, BOL

1 BOOK IV 2 THE OFFICE OF THE CHIEF MINISTER 3 4 5 TITLE I: 6 Powers of the Chief Minister 7 8 9 Chapter 1 10 Power of Control 11 12 Sec. 1. Power of Control. – As Head of the Bangsamoro Government, the 13 Chief Minister shall have control of all ministries, agencies, offices, bureaus, 14 commissions, boards and instrumentalities of the Bangsamoro Government. The 15 Chief Minister shall ensure that laws are faithfully executed.1 00 16 17 18 Chapter 2 19 Rule Making Power

20 Sec. 2. Executive Orders. - Acts of the Chief Minister providing for rules of 21 a general or permanent character in implementation or execution of powers vested 22 by the Bangsamoro Organic Law or by law shall be promulgated in executive 23 orders.1 01

24 Sec. 3. Administrative Orders. - Acts of the Chief Minister which relate to 25 particular aspect of governmental operations in pursuance of his duties as head of 26 the Bangsamoro Government shall be promulgated in administrative orders.1 02

27 Sec. 4. Proclamations. - Acts of the Chief Minister fixing a date or 28 declaring a status or condition of public moment or interest, upon the existence of 29 which the operation of a specific law or regulation is made to depend, shall be 30 promulgated in proclamations which shall have the force of an executive order.1 03

31 Sec. 5. Memorandum Orders. - Acts of the Chief Minister on matters of 32 administrative details or of subordinate or temporary interest which only concern a 33 particular officer or office of the Bangsamoro Government shall be embodied in 34 memorandum orders.1 04

35 Sec. 6. Memorandum Circulars. - Acts of the Chief Minister on matters 36 relating to internal administration, which the Chief Minister desires to bring to the 37 attention of all or some of the ministries, agencies, offices, bureaus, commissions, 38 boards and instrumentalities of the Bangsamoro Government, for information or 39 compliance, shall be embodied in memorandum circulars.1 05

100 Derived from Sec. 1, Book III, Title I, Chapter I, MMA Act No. 287 101 Derived from Sec. 2, Book III, Title I, Chapter 2, MMA Act No. 287 102 Derived from Sec. 3, Book III, Title I, Chapter 2, MMA Act No. 287 103 Derived from Sec. 4, Book III, Title I, Chapter 2, MMA Act No. 287 104 Derived from Sec. 5, Book III, Title I, Chapter 2, MMA Act No. 287 105 Derived from Sec. 6, Book III, Title I, Chapter 2, MMA Act No. 287

1 2 3 Chapter 3 4 Power of Appointment and Designation

5 Sec. 7. Power of Appointment. – Unless otherwise provided, the Chief 6 Minister shall exercise the power to appoint such officials consistent with the 7 Bangsamoro Organic Law and other applicable laws.

8 Any person who fails to assume the office to which he/she is appointed within 9 thirty (30) days from the date he/she received notice of the appointment shall forfeit 10 the right to assume the position, subject to civil service laws and rules, except if the 11 non-assumption is due to temporary illness or physical disabilities acquired after the 12 said appointment was issued.1 06

13 Sec. 8. Power to Issue Designation. - (1) The Chief Minister may 14 designate an officer already in the government service to perform the functions of an 15 office, in concurrent capacity in appropriate cases, when: (a) the officer regularly 16 appointed to the office is unable to perform his/her duties due to lawful cause/s or by 17 reason of serious illness, unauthorized absence of at least fourteen (14) days; or (b) 18 there exists a vacancy. Provided, that a designation shall not exceed one (1) year and 19 subject to the limitations as may be provided by law.1 07 20 21 22 Chapter 4 23 Power to Contract Loans 24 25 Sec. 9. Power to Contract Domestic or Foreign Loans. - The 26 Parliament, by a vote of the majority of all its members, may authorize the Chief 27 Minister to contract domestic or foreign loans, credits, and other forms of 28 indebtedness to finance the construction, installation, improvement, expansion, 29 operation or maintenance of public utilities, infrastructure facilities, housing 30 projects, acquisition or real property, implementation of other capital investment 31 projects, and for the development and welfare of the people of the Bangsamoro. 32 33 Subject to acceptable credit worthiness, and in compliance with the 34 Constitution, relevant laws and regulations, such loans may be secured from 35 domestic loans requiring sovereign guaranty, whether explicit or implicit, which 36 would require the approval of the National Government. 37 38 The National Government shall assist the Bangsamoro Government in 39 complying with the requirements for a speedy issuance of the sovereign guaranty to 40 finance local infrastructure and other socioeconomic development projects in 41 accordance with the Bangsamoro Development Plan. Within thirty (30) days from 42 the submission by the Bangsamoro Government of its application for sovereign 43 guaranty, the National Government shall inform the Bangsamoro Government of the 44 actions taken on the application.1 08

106 Derived from Sec. 11, Book III, Title I, Chapter 4, MMA Act No. 287 107 Derived from Sec. 12, Book III, Title I, Chapter 4, MMA Act No. 287 108 See Sec. 24 (a), Art. XII, BOL

1 2 Chapter 5 3 Power of Eminent Domain 4 5 Sec. 10. Power of Eminent Domain. - The Chief Minister shall determine 6 when it is necessary or advantageous to exercise the power of eminent domain in 7 behalf of the Bangsamoro Government, and direct the Bangsamoro Attorney 8 General, whenever such action is deemed appropriate, to institute expropriation 9 proceedings in the proper court.1 09 10 11 12 TITLE II: 13 Organization 14 15 16 A. OFFICE OF THE CHIEF MINISTER

17 Sec. 1. Organization. - The Office of the Chief Minister shall consist of the 18 Office of the Chief Minister Proper and his/her immediate staff, and the offices and 19 agencies under it.110 20 21 Sec. 2. Office of the Chief Minister Proper. - The Office of the Chief 22 Minister Proper shall consist of: 23 24 1. The Chief Minister;

25 2. The Two (2) Deputy Chief Ministers;

26 3. The Executive Offices, which shall include the Office of the Senior 27 Minister, the Office of the Chief of Staff, the Office of the Cabinet 28 Secretary, the Bangsamoro Attorney General’s Office, and all offices, 29 agencies, boards, commissions, and councils attached to it; and

30 4. The Bangsamoro Management and Support System (BMSS) embraces the 31 following: the Technical Management Service (TMS), Administrative 32 Management Service (AMS), Finance Management Service (FMS), 33 Intelligence and Security Service (ISS), the Procurement Service (PS), the 34 Clinic, the Bangsamoro Satellite Coordinating Offices, the Bangsamoro 35 Liaison Office in Metro Manila, and the Bangsamoro Library and Archives.

36 37 B. THE EXECUTIVE OFFICES

38 Sec. 3. Declaration of Policy. - The Executive Offices shall provide 39 services to deliver specific needs and requirements of the Office of the Chief Minister 40 to achieve the purposes and objectives by which it was established.111

109 Derived from Sec. 7, Chapter 3, Title I, Book III, MMA Act No. 287; See Sec. 2 (w), Art. V, BOL 110 Derived from Sec. 1, Chapter 5, Title II, Book III, MMA Act No. 287 111 Derived from Sec. 6, Book III, Title III, Chapter 6, Letter B

1 Sec. 4. The Office of the Senior Minister. - The Office of the Senior 2 Minister shall consist of the Senior Minister, who shall be assisted by one (1) 3 Assistant Senior Minister and support staff.112

4 Sec. 5. Powers and Functions of the Senior Minister. - The Senior 5 Minister, subject to the control and supervision of the Chief Minister, shall carry out 6 the functions assigned by law to the Executive Office and shall perform such other 7 duties as may be delegated to him/her. He/she shall:

8 a. Assist the Chief Minister in the management of the affairs of the 9 Bangsamoro Autonomous Government; 10 b. Enforce the execution of directives or orders of the Chief Minister; 11 c. Act on issues and concerns raised by the ministries and offices and such 12 other public and private institutions; 13 d. Exercise primary authority to sign official documents “By Authority of the 14 Chief Minister”, or “For the Chief Minister”, whichever is deemed 15 appropriate, to attest to executive orders and other Chief Minister’s 16 issuances unless attestation is specifically delegated to other officials by 17 him or by the Chief Minister; 18 e. Recommend to the Chief Minister appropriate assignment of offices and 19 agencies not assigned by law under any specific ministry; 20 f. Provide consultative, research, fact-finding and advisory services to the 21 Chief Minister; 22 g. Assist the Chief Minister in the administration of special projects; 23 h. Promulgate such rules and regulations necessary to carry out the 24 objectives, policies and functions of the Office of the Chief Minister Proper; 25 and 26 i. Perform such other functions as the Chief Minister may direct.113

27 Sec. 6. The Office of the Chief of Staff. – The Office of the Chief of Staff 28 shall be composed of the Chief of Staff, who shall be assisted by support staff.114

29 Sec. 7. Powers and Functions of the Chief of Staff. – The Chief of Staff 30 shall:

31 a. Manage and supervise Protocols, Appointments and Special Concerns of 32 the Office of the Chief Minister; 33 b. Assist the Chief Minister in the administration of the internal affairs of the 34 Office of the Chief Minister; 35 c. Refer issues, concerns or other actionable matters for appropriate action to 36 the proper offices within the Office of the Chief Minister; 37 d. Recommend executive action on matters affecting the Office of the Chief 38 Minister; and 39 e. Perform other tasks as may be directed by the Chief Minister.115

112 Derived from Book III, Title III, Chapter 6, Letter B 113 Derived from Sec. 8, Book III, Title III, Chapter 6, Letter B 114 Derived from Sec. 11, Book III, Title III, Chapter 6, Letter B 115 Derived from Sec. 12, Book III, Title III, Chapter 6, Letter B

1 Sec. 8. The Cabinet Secretariat. - The Cabinet Secretariat shall consist of 2 the Cabinet Secretary, assisted by an Assistant Cabinet Secretary and support staff.116

3 Sec. 9. Duties and Functions of the Cabinet Secretary. - The Cabinet 4 Secretary shall:

5 a. Provide secretariat support and technical assistance to the Cabinet, the 6 Cabinet Clusters, and other committees that may be created by the 7 Cabinet; 8 b. Assist the Chief Minister in the formulation and/or generation of agenda 9 topics for cabinet deliberation or facilitate/moderate the discussion of 10 cabinet meetings; 11 c. Facilitate the formulation of Cabinet Bills and the legislative agenda of the 12 Cabinet; 13 d. Coordinate the schedules of cabinet meetings and other multi-ministry 14 meetings; 15 e. Monitor the progress and status on the implementation of the Chief 16 Minister’s directives, issuances and instructions by concerned ministries 17 and agencies/offices agreed during the cabinet meetings and other multi- 18 ministry meetings; 19 f. Submit updates to the Chief Minister on the status of the implementation 20 of all directives, issuances and instructions; 21 g. Supervise special programs that may be assigned by the Chief Minister; 22 and 23 h. Perform such other functions as may be directed by the Chief Minister. 24 25 Sec. 10. The Bangsamoro Attorney General’s Office. - The 26 Bangsamoro Attorney General’s Office shall consist of the Bangsamoro Attorney 27 General, assisted by a Bangsamoro Assistant Attorney General, divisions and support 28 staff as provided for under Bangsamoro Autonomy Act No. 5.

29 Sec. 11. Functions of the Bangsamoro Attorney-General. – The 30 Bangsamoro Attorney-General shall: 31 32 a. Be the chief legal counsel of the Bangsamoro Government. As such, 33 he/she shall render legal opinion in all legal matters brought to him/her, 34 to the Parliament, the Chief Minister, and other Ministries of the 35 BARMM, and provide legal advice when called upon by any officials or 36 agents of the BARMM, either motu proprio or when called upon to render 37 such advice; 38 b. Review, vet and interpret local, national, and international documents, 39 contracts, and agreements for and on behalf of the Chief Minister; 40 c. Recommend appropriate actions on administrative complaints lodged 41 before the Office of the Chief Minister; 42 d. May be called upon by the BARMM Intergovernmental Relations officials 43 to assist the Intergovernmental Relations Body when necessary; and 44 e. Perform such other functions as may be provided by law and/or assigned 45 by the Chief Minister.117

116 Derived from Sec. 14, Book III, Title III, Chapter 6, Letter B 117 See Sec. 8 of Bangsamoro Autonomy Act No. 5

1 2 3 4 Sec. 12. Powers of the Bangsamoro Attorney-General. - 5 (1) The Bangsamoro Attorney-General, in discharging his/her functions, shall 6 have the power to: 7 8 a. Require any officer or employee in the Bangsamoro Government to 9 furnish any information in relation to the performance of his/her duties 10 and functions; 11 b. Summon any officer or employee in the Bangsamoro Government, except 12 Members of Parliament, and their immediate staff, to explain and/or 13 provide assistance including case build-up relative to any matter which is, 14 or could be, the subject of litigation by or against the Bangsamoro 15 Government; and 16 c. Administer oaths, consistent with Sec. 41 (2), Chapter 10 of Executive 17 Order No. 292. 18 19 (2) The Bangsamoro Attorney-General shall, in exercise of executive functions: 20 21 a. Subject to the approval of the Cabinet, propose to the Parliament the 22 establishment, merger and or abolition of such divisions, sections or units 23 in the Office as may be necessary for the efficient delivery of legal service; 24 b. Supervise the formulation of policies and plans of the Office; and 25 c. Perform any other action necessary in the administrative interests of the 26 Office. 27 28 (3) The Bangsamoro Attorney-General shall, upon request, appear and advise on 29 any legal matter in any committee of the Bangsamoro Parliament.118 30 31 Sec. 13. Nature of Offices. – The Senior Minister, Assistant Senior 32 Minister, Chief of Staff, Cabinet Secretary, Assistant Cabinet Secretary, Bangsamoro 33 Attorney General, and Bangsamoro Assistant Attorney General shall all hold office 34 co-terminous with that of the appointing Chief Minister. 35 36 37 C. BANGSAMORO MANAGEMENT SUPPORT SYSTEM

38 Sec. 14. Functions of the Bangsamoro Management Support 39 System (BMSS). – The various support offices in the Office of the Chief Minister 40 Proper, namely: Technical Management Service (TMS), Administrative Management 41 Service (AMS), Finance Management Service (FMS), Intelligence and Security 42 Service (ISS), the Procurement Service (PS), the Clinic, the Bangsamoro Satellite 43 Coordinating Offices, the Bangsamoro Liaison Office in Metro Manila, and the 44 Bangsamoro Library and Archives shall constitute the Bangsamoro Management 45 Support System and shall be organized to carry out the following functions:

46 (1) Technical Management Service (TMS). The Technical Management

118 See Sec. 9 of Bangsamoro Autonomy Act No. 5

1 Service shall be composed of a Director III as head, and support staff. It 2 shall:

3 a. Consolidate and prepare annual accomplishment reports, including, 4 foreign-assisted projects implemented through the BARMM ministries, 5 agencies, and offices; 6 b. Prepare programs and project plans and designs for the Office of the 7 Chief Minister; 8 c. Provide research support to the Office of the Chief Minister in the 9 formulation of regional policies, guidelines and legislative agenda; 10 d. Provide technical support to the BARMM ministries, agencies, offices 11 and bureaus, when necessary; 12 e. Assist BARMM ministries, agencies, offices and bureaus in the 13 preparation of the BARMM Annual Budget; 14 f. Maintain a performance database system of the BARMM ministries, 15 agencies, offices and bureaus; 16 g. Regularly apprise the Chief Minister on the status of all 17 plans/programs/projects implemented by BARMM ministries, 18 agencies, offices and bureaus; and 19 h. Perform other functions, as may be directed by the Chief Minister.119

20 (2) Administrative Management Service (AMS). The Administrative 21 Management Service shall be composed of a Director III as head, and 22 support staff. It shall:

23 a. Recommend policies and develop guidelines for an efficient and 24 effective management of personnel, records, supplies, equipment, 25 collections and property of the Office of the Chief Minister; 26 b. Plan and direct administrative services of all units under its supervision 27 and coordinate administrative services and concerns with all other 28 ministries or offices; 29 c. Recruit and recommend personnel for appointment and implement an 30 effective system of personnel management; 31 d. Consolidate all Strategic Performance Management System (SPMS) 32 ratings of all employees in the Office of the Chief Minister, attached 33 offices thereto, ministries and offices thereunder; 34 e. Conduct inspections and inventory of all properties and assets of the 35 Office of the Chief Minister; 36 f. Maintain an effective, systematic and timely disposition of records; and 37 g. Perform other functions as maybe directed by Chief Minister and 38 other authorized officials of the Office of the Chief Minister.1 2 0

39 (3) Finance Management Service (FMS). The Finance Management

119 119 Derived from Sec. 16 (2), Chapter 6, Title III of MMA Act No. 287 120 Derived from Sec. 16 (1), Chapter 6, Title III of MMA Act No. 287

1 Service shall be composed of a Director III as head, and support staff. It 2 shall:

3 a. Provide support to the Chief Minister to determine that funds are 4 properly accounted for in accordance with existing auditing rules and 5 regulations; 6 b. Undertake all operations relative to budget execution and control; 7 c. Issue sub-allotment advice to the different offices under the Office of 8 the Chief Minister in accordance with the approved work and financial 9 plan in support of its operational requirements; 10 d. Undertake regular management audit system reviews on organizational 11 structures, manpower and financial operations, and existing methods 12 and procedures of the Office of the Chief Minister and all agencies and 13 offices under its supervision and submit recommendation to the Chief 14 Minister, for consideration; 15 e. Undertake a cost benefit analysis on the financial requirements of the 16 Office of the Chief Minister its attached agencies and offices under its 17 supervision; 18 f. Adopt a system of proper recording of all financial transactions of the 19 Office of the Chief Minister and its attached agencies, in accordance 20 with existing government rules and regulations; 21 g. Ensure that all budgeting, accounting and auditing rules and 22 regulations are observed and complied with by the Office of the Chief 23 Minister and all agencies and offices under the latter’s supervision; 24 h. Prepare and submit financial reports to the Chief Minister and other 25 government entities authorized to receive the same; 26 i. Implement an effective system of cashiering services in accordance 27 with existing government rules and regulations; and 28 j. Perform other functions as may be directed by the Chief Minister.1 2 1

29 (4) The Intelligence and Security Service (ISS). The Intelligence and 30 Security Service shall be composed of a Director III as head, who shall be 31 co-terminus with the appointing Chief Minister, and shall be assisted by 32 support staff. It shall:

33 a. Prepare and implement approved security plans for the Office of the 34 Chief Minister, and the entire Bangsamoro Government Center; 35 b. Gather and analyze intelligence reports to strengthen the security plan 36 for the Office of the Chief Minister, and ensure protection of lives, 37 properties and facilities of the Bangsamoro Government Center; 38 c. Coordinate with the Philippine National Police, Armed Forces of the 39 Philippines, National Bureau of Investigation and other security/peace 40 keeping agencies in the performance of its mandates; an 41 d. Perform other functions as may be directed by the Chief Minister.1 2 2

121 Derived from Sec. 16 (3), Chapter 6, Title III of MMA Act No. 287

1 (5) Procurement Service. - The Procurement Service shall be composed 2 of Director III, as head, and support staff. It shall:

3 a. Identify those supplies, materials, and such other items, including 4 equipment and construction materials, which can be economically 5 purchased through central procurement within the Office of the Chief 6 Minister; 7 b. Determine the technical specifications of items that it will procure for 8 the Office of the Chief Minister, and its attached agencies, offices, 9 bureaus, or councils; 10 c. Identify the sources of supply which are able to offer the best prices, 11 terms and other conditions for the items procured by the Bangsamoro 12 Government; 13 a. Procure and distribute supplies, materials and equipment needs of all 14 operating units in the Office of the Chief Minister and maintain all 15 equipment, machineries and facilities in serviceable condition; 16 b. Properly store and warehouse items procured by the Office of the Chief 17 Minister; 1 2 3 and 18 d. Perform other functions as may be directed by the Chief Minister. 19 20 (6) The Clinic. – The Clinic shall be composed of the Medical Officer III as 21 head, and support staff. It shall: 22 23 a. Provide basic treatment for medical consultations at the Office of the 24 Chief Minister using standard treatment protocol; 25 b. Examine patients and investigate the diseases through available clinical 26 examination and other diagnostic tests, whenever necessary; 27 c. Review and follow up patients under treatment to ensure the 28 completion of treatment and monitor the progress of the patients; 29 d. Perform standard government medical clearances within the Office of 30 the Chief Minister. 31 32 (7) Bangsamoro Satellite Coordinating Offices. – The Chief Minister 33 shall be represented by his/her Deputy Chief Ministers in the Bangsamoro 34 Satellite Coordinating Offices (BASCOs), for Mainland and Island 35 Provinces. The BASCOs shall: 36 37 a. Serve as coordinating offices of the Chief Minister in the represented 38 sub-regions; and 39 b. Perform other functions as directed by the Chief Minister or by his/her 40 authorized representative. 41 42 The Deputy Chief Ministers shall provide advisory or consultative services to 43 the Chief Minister on matters concerning their respective subregion. 44 45 The Deputy Chief Ministers shall be assisted by five (5) support staff assigned 46 to the BASCOs. 47

122 Derived from Sec. 16 (4), Chapter 6, Title III of MMA Act No. 287 123 Derived from the PS-DBM

1 (8) Bangsamoro Liaison Office in Metro Manila. – The Chief Minister 2 shall be represented in the Bangsamoro Liaison Office in Metro Manila by 3 a Director II, assisted by support staff. The Office shall: 4 5 a. Serve as liaison office of the Chief Minister to international 6 offices/embassies, national offices/departments, agencies, and 7 bureaus; 8 b. Provide administrative and technical support to the Chief Minister and 9 BARMM officials/employees while on official business in Metro 10 Manila; 11 c. Coordinate with National Government Agencies in Metro Manilaon 12 matters related to the BARMM; 13 d. Act as coordinating office of foreign scholarship programs; and 14 e. Perform other functions as directed by the Chief Minister or by his/her 15 authorized representative.1 2 4

16 The Chief Minister may create other liaison offices within or outside the 17 Bangsamoro Autonomous Region, as may be necessary. 18 19 (9) Bangsamoro Library and Archives. - The Bangsamoro Library and 20 Archives is mandated to collect, maintain and preserve regional vital 21 documents and laws, legislations, reports, orders/issuances and other 22 documents of similar importance. It shall also serve as the primary 23 instrumentality of the Bangsamoro Government in providing free library 24 services to as many people as possible and to maintain a viable 25 cooperation with the National Library together with other public libraries 26 in providing the maximum benefits of a wider variety of data and 27 information. It shall be headed by a Licensed Librarian with the rank of 28 Director II, assisted by support staff. 29 30 The Bangsamoro Library and Archives shall have the following powers and 31 functions: 32 33 a. Serve as repository of reports of the BARMM; 34 b. Provide free library service to the public; 35 c. Catalog and classify books and other reading materials for easy 36 reference; 37 d. Maintain cooperation with the National Library for book allocations 38 and reading materials; 39 e. Encourage and assist local government units in the Bangsamoro 40 Autonomous Region in cooperation with the National Library in the 41 establishment of provincial, city, municipal and barangay libraries in 42 their respective area of jurisdiction; 43 f. Establish and maintain a children’s library that will help develop future 44 leaders; 45 g. Establish linkage with other government and non-government agencies 46 with similar functions and services; and

124 Derived from Sec. 16 (5), Chapter 6, Title III of MMA Act No. 287

1 h. Perform such other functions as may be provided by law.1 2 5 2 TITLE III: 3 Functions 4 5 6 Chapter 1 7 Different Offices in the 8 Office of the Chief Minister Proper 9 10 11 A. INTERNAL AUDIT OFFICE

12 Sec. 15. Internal Audit Office. - The Internal Audit Office shall be directly 13 under the Office of the Chief Minister, and shall be composed of an Internal Auditor 14 V as Chief of Division, and support staff. It shall:

15 a. Advise the Chief Minister on all matters relating to management control 16 and operations audits; 17 b. Conduct management and operations audits of the Office of the Chief 18 Minister’s functions, programs, projects, activities with outputs, and 19 determine the degree of compliance with its mandate, policies, 20 government regulations, established objectives, systems and 21 procedures/processes and contractual obligations; 22 c. Review and appraise systems and procedures, organizational structures, 23 asset management practices, financial and management records, reports 24 and performance standards of the Office of the Chief Minister; 25 d. Analyze and evaluate management deficiencies and assist top 26 management by recommending realistic courses of action; and 27 e. Perform such other related duties and responsibilities as may be assigned 28 or delegated by the Chief Minister or as may be required by law. 29

30 B. INFORMATION AND COMMUNICATIONS OFFICE

31 Sec. 16. Information and Communications Office. - The Information 32 and Communications Office shall be directly under the Office of the Chief Minister, 33 and shall be composed of an Information Technology Officer III as Chief of Division, 34 and support staff. It shall:

35 a. Implement proper information and communication technology security 36 measures to ensure the efficient operation of the available information- 37 technology facilities in the Office of the Chief Minister Proper; 38 b. Administer, maintain, and enhance existing network infrastructure, 39 application systems, websites and other information and communication 40 technology systems that serve as tools in administration of the Management 41 Information System (MIS) of the Office of the Chief Minister; 42 c. Provide strategic technical support in the storage, collection and generation 43 of data and information both from primary and secondary data sources,

125 Derived from Sec. 7, 8, and 9, Chapter 2, Title XX of MMA Act No. 287

1 necessary for monitoring, oversight committees, decision-making and 2 dissemination in the Office of the Chief Minister; 3 d. Monitor and ensure Office of the Chief Minister’s compliance to national 4 government’s ICT standards and policies, such as compliance to the 5 Transparency Seal; 6 e. Provide advice and technical reviews in the procurement of ICT-related 7 items by the Bangsamoro Ministries, Offices, Agencies, and units thereof 8 for purposes of endorsement to the Ministry of Finance, and Budget and 9 Management; 10 f. Propose management policies, systems and processes to ensure economical 11 and efficient delivery of information and communication technology 12 support service to all offices of the Office of the Chief Minister; 13 g. Provide accountability for information technology resources through 14 accurate analysis and evaluation of office's ICT needs, sound procurement, 15 cost-effective installation and maintenance, maintaining 16 software/hardware standards, and regular accurate inventory and reporting 17 of hardware, peripherals and software; 18 h. Ensure the confidentiality, integrity and availability of the ICT system, LAN 19 and data security, including user access to computer and 20 telecommunications facilities; 21 i. Monitor and support Inter-/Intra-net functionality, security and integrity 22 in the Office of the Chief Minister; 23 j. Coordinate with the Bangsamoro Information and Communications 24 Technology Office on all ICT issues of common interest for cost effective 25 resolutions; and 26 k. Perform other office functions that may be directed by the Chief Minister. 27 28 29 C. LEGAL AND LEGISLATIVE LIAISON OFFICE

30 Sec. 17. Legal and Legislative Liaison Office. - The Legal and 31 Legislative Liaison Office shall be headed by an Attorney V, assisted by support staff. 32 It shall:

33 a. Form part of the Legal Liaison Network of the Bangsamoro Government, to 34 cooperate and coordinate on legal, policy, and legislative matters 35 concerning the Office of the Chief Minister; 36 b. Assist the Office of the Chief Minister in the promulgation of rules 37 governing the activities of the Office of the Chief Minister Proper; and 38 c. Perform such other functions as may be provided by law. 39 40 Sec. 18. Nature of Offices. – The Information Technology Officer III and 41 attorneys appointed in the Legal and Legislative Liaison Office shall all hold office 42 co-terminus with that of the appointing Chief Minister. 43 44 45 D. SPECIAL OFFICE FOR OTHER BANGSAMORO COMMUNITIES 46 47 Sec. 19. Special Office for Other Bangsamoro Communities. – The 48 Special Office for Other Bangsamoro Communities (Special Office) is created to 49 ensure the protection of the rights and enhance the economic, social, and cultural

1 development of Bangsamoro people residing in communities outside the 2 Bangsamoro Autonomous Region1 2 6 . 3 4 Sec. 20. Mandate. – The Special Office shall be the primary office of the 5 Office of the Chief Minister in recommending policies and a systematic program for 6 promoting the welfare of Bangsamoro communities outside the region, including 7 provision of services, in coordination with local government units as well as 8 appropriate national government agencies. 9 10 Sec. 21. Organization and Composition. - The Special Office shall be 11 headed by an Executive Director assisted by a Deputy Executive Director, with the 12 ranks of Director II and Director I , respectively, who shall be appointed by the Chief 13 Minister. Their appointments shall be co-terminus with the appointing authority. 14 15 The Office of the Chief Minister may propose the appropriate structure for this 16 Office. 17 18 Sec. 22. Functions. – The Special Office shall have the following functions: 19 20 a. Receive information on and assess the economic, social, and cultural needs 21 of Bangsamoro communities located outside of the region; 22 b. Recommend to the Chief Minister projects and activities for the promotion 23 of the welfare of Bangsamoro communities outside the region; 24 c. Undertake projects and activities in coordination with the appropriate 25 ministry, office, or agency, including the Bangsamoro Satellite 26 Coordinating Offices; 27 d. Represent the Bangsamoro communities outside BARMM in the Council of 28 Leaders; and 29 e. Perform such other functions as may be directed by the Chief Minister or 30 other proper authorities. 31

32 Chapter 2 33 Councils in the Office of the Chief Minister 34

35 A. BANGSAMORO DISASTER RISK REDUCTION 36 AND MANAGEMENT COUNCIL 37 38 Sec. 23. Bangsamoro Disaster Risk Reduction and Management 39 Council. - The Bangsamoro Regional Disaster Risk Reduction and Management 40 Council (Bangsamoro DRRMC) shall be chaired by the Chief Minister with the 41 Minister of Science and Technology as Vice-Chair for Disaster Mitigation and 42 Prevention, the Minister of the Interior and Local Government as Vice-Chair for 43 Disaster Preparedness, the Minister of Social Services and Development as Vice- 44 Chair for Disaster Response, and the Bangsamoro Director-General of the 45 Bangsamoro Planning and Development Authority (BPDA) as Vice-Chair for Disaster

126 See Sec. 12, Art. VI, BOL

1 Recovery and Rehabilitation. The Chief Minister shall identify the member-agencies 2 of the Bangsamoro DRRMC.

3 The Bangsamoro Regional Disaster Risk Reduction and Management Office 4 (BDRRMO) of the Ministry of the Interior and Local Government shall serve as 5 Secretariat of the Bangsamoro DRRMC.

6 Sec. 24. Functions of the Bangsamoro DRRMC. – The Bangsamoro 7 DRRMC shall coordinate, integrate, supervise, and evaluate the activities of the Local 8 Disaster Risk Reduction Management Councils (LDRRMCs) in the Bangsamoro 9 Autonomous Region. The Bangsamoro DRRMC shall be responsible in ensuring 10 disaster sensitive regional development plans, and in case of emergencies shall 11 convene the different regional line agencies and concerned institutions and 12 authorities.1 2 7

13 The Bangsamoro DRRMC, in discharging its functions, shall utilize the 14 facilities and services of the Bangsamoro Rapid Emergency Action on Disaster 15 Incidence (READI) to undertake operations on DRRM in the region.1 2 8

16 Sec. 25. Declaration of State of Calamity. – The Chief Minister may 17 proclaim a state of calamity whenever typhoons, flash floods, earthquakes, tsunamis, 18 or other natural or man-made calamities that cause widespread damage or 19 destruction to life or property occurs in the Bangsamoro Autonomous Region1 2 9 , and 20 the lifting thereof, based on the criteria set by the Bangsamoro DRRMC. The Chief 21 Minister’s declaration may warrant domestic and international humanitarian 22 assistance as deemed necessary.1 3 0

23 24 B. BANGSAMORO ECONOMIC AND DEVELOPMENT COUNCIL

25 Sec. 26. The Bangsamoro Economic and Development Council. – 26 The Bangsamoro Economic and Development Council (BEDC) shall serve as the 27 governing board and policy-making body of the Bangsamoro Planning and 28 Development Authority (BPDA). It shall serve as the planning, coordinating, and 29 monitoring agency for all development plans, policies, programs and projects of the 30 Bangsamoro Government including its constituent LGUs. 31 32 Its powers, functions and appropriations are provided for under Bangsamoro 33 Autonomy Act No. 6. 34 35 Sec. 27. Composition. – The BEDC shall be composed of the following 36 regular members: 37

127 See Sec. 10 of Republic Act No. 10121 entitled “An Act Strengthening the Philippine Disaster Risk Reduction and Management System, Providing for the National Disaster Risk Reduction and Management Framework and Institutionalizing the National Disaster Risk Reduction and Management Plan, Appropriating Funds Therefor and for Other Purposes”. 128 Derived from Sec. 12 (2), Chapter 4, Title V of MMA Act No. 287 129 See Sec. 32 (g), Art. VII, BOL 130 Derived from Sec. 16 of RA No. 10121

1 Chairperson: Chief Minister 2 Vice-Chairperson: BPDA Bangsamoro Director General 3 4 Members: 5 6 a. Speaker of the Bangsamoro Parliament 7 b. Majority Floor Leader of the Bangsamoro Parliament 8 c. Minority Floor Leader of the Bangsamoro Parliament 9 d. d) All Provincial Governors 10 e. All City Mayors 11 f. Five Private Sectors Representatives 12 13 The Chairperson, upon the recommendation of the majority of the members 14 of the BEDC, shall select the private sector representatives to the BEDC, subject to 15 the guidelines and qualification criteria to be formulated and approved by the BPDA. 16 Voting and non-voting ex officio members shall be determined in the internal rules 17 and regulations to be formulated by the BEDC. 18 19 Additional members from other sectors may be considered upon 20 recommendation and approval of the BEDC. 21 22 Sec. 28. Council Secretariat. – The Bangsamoro Planning and 23 Development Authority (BPDA) serves as the Technical Secretariat of the Council. 24 25 26 C. BANGSAMORO PEACE AND ORDER COUNCIL

27 Sec. 29. Bangsamoro Regional Peace and Order Council (BRPOC). 28 – The Bangsamoro Regional Peace and Order Council is composed of a Chairperson, 29 Vice Chairperson, Co-Vice Chairperson and the regional counterparts of the 30 ministries, offices and agencies represented at the National level. 31 32 The Chief Minister and the Minister of the Interior and Local Government 33 shall serve as Chairperson and Vice-Chairperson, respectively, with the Regional 34 Director of the Philippine National Police Regional Office in the Bangsamoro 35 Autonomous Region as Co-Vice Chairperson. Members of the Council are the 36 Chairpersons of the Parliament Committees on Local Governments and Public Order 37 and Security, Ministers and heads of offices and bureaus as may be designated by the 38 Chief Minister, subject to existing laws.1 3 1 39 40 Sec. 30. Duties and Functions. – The duties and functions of the 41 Bangsamoro Regional Peace and Order Council are, as follows: 42 43 a. Formulate plans and recommend such measures to improve or enhance 44 peace and order and public safety in their respective areas of 45 responsibility; 46 b. Monitor the implementation of peace and order programs and projects at 47 the provincial, city/municipal level, the operations of Bantay-Bayan and 48 such other counter-insurgency and peace programs;

131 Derived from Sec. 8, Chapter 3, Title V, MMA Act No. 287

1 c. Make periodic assessment of the prevailing peace and order situation in 2 their respective areas of responsibility and submit reports thereon with 3 their recommendations to the Chairperson of the National Peace and 4 Order Council; 5 d. Receive complaints against government personnel, civilian or military, 6 endorse the same to the agency concerned and demand/compel such 7 agency to submit report or action taken thereon; and 8 e. Perform functions as may be provided by law or executive issuances 9 issued by the Chief Minister in coordination with the National Peace and 10 Order Council. The Chairpersons of the respective Provincial, 11 City/Municipal Peace and Order Councils shall be responsible for the 12 proper management and supervision of their respective Civilian 13 Volunteers (Bantay-Bayan) in coordination with other concerned 14 government entities.1 3 2 15 16 Sec. 31. Organizational Relationship. – Lower level Peace and Order 17 Council shall be under the functional supervision of the next higher Peace and 18 Order Council.1 3 3 19 20 21 Chapter 3 22 Attached Agencies and Offices 23 24 A. BANGSAMORO BOARD OF INVESTMENTS

25 Sec. 32. The Bangsamoro Board of Investments – There is hereby 26 created the Bangsamoro Board of Investments mandated to promote the 27 development of the regional and national economy in consonance with the principles 28 and objectives of achieving global competitiveness, fostering economic efficiency, 29 encouraging and supporting investments that promote region-wide development, 30 and creating productive and quality employment. 31 32 Accordingly, and consistent with Article XII, Section 8 of the Bangsamoro 33 Organic Law:

34 a. The Parliament may grant tax exemptions incentives under the 35 Bangsamoro Organic Law upon a vote of majority of all its members: 36 Provided, That these tax exemptions and incentives shall not diminish 37 national revenues; 38 b. Provided, Further, That the grant of tax exemptions and incentives 39 administered by the Regional Board of Investments (RBOI) of the 40 Autonomous Region in Muslim Mindanao as provided for in Executive 41 Order No. 458, Series of 1991, in relation to Executive Order No. 226, 42 Series of 1987, otherwise known as the “Omnibus Investment Code” shall 43 continue to apply. 44 45 Sec. 33. Powers and Functions of the Bangsamoro Board of 46 Investments. – In accordance Executive Order No. 458, Series of 1991, and

132 Derived from Sec. 9, Chapter 3, Title V, MMA Act No. 287 133 Derived from Sec. 10, Chapter 3, Title V, MMA Act No. 287

1 consistent with Article XII, Section 8 of the Bangsamoro Organic Law, the following 2 powers and functions of the Board of Investments (BOI) over investments within the 3 BARMM shall be exercised by the Bangsamoro Board of Investments (BBOI) of the 4 Bangsamoro Government: 5 6 a. Approval/denial of applications for registration under the Omnibus 7 Investments Code of 1987; 8 b. Cancellation of certificates of registration of enterprises registered with 9 the Bangsamoro Government, and including those enterprises previously 10 registered with the BOI; 11 c. Evaluation of incentives to be availed by enterprises registered with the 12 Bangsamoro Government; 13 14 1. Special tax credit on raw materials and supplies, net value earned 15 and net local content and domestic capital equipment; 16 2. Income Tax holiday; and 17 3. Reduced income tax. 18 19 d. Grant additional incentives, aside from those incentives under Book I, 20 Title III, Article 39 of Executive Order No. 226, series of 1987; Provided, 21 that the grant of tax incentives shall be in accordance with Section 8, 22 Article XII of the Bangsamoro Organic Law. 23 24 Sec. 34. Regional Investment Priorities Plan. - The Bangsamoro 25 Government shall prepare a Regional Investment Priorities Plan, through the 26 Bangsamoro Board of Investments, consistent with Articles 27 to 31, Chapter II of 27 the Omnibus Investment Code of 1987. 28 29 The preferred areas of investment to be listed in the Regional Investment 30 Priorities Plan shall be based on long-run comparative advantage, taking into 31 account the value of social objectives and employing economic criteria along with 32 market, technical, and financial analysis. 33 34 The Regional Investment Priorities Plan as formulated shall be integrated in 35 the national Investment Priorities Plan upon the approval of the President of the 36 Republic of the Philippines. 37 38 Sec. 35. Composition of the Board of Governors. - The Board of 39 Governors shall be composed of the BBOI Chairperson as Chair, the Minister of 40 Trade, Industry and Tourism as ex-officio Vice-Chair, the Minister of Finance, and 41 Budget and Management and Minister of Agriculture, Fisheries, and Agrarian 42 Reform as ex-officio members, and two (2) member-Governors. The Chairperson and 43 the two (2) member-Governors shall be appointed by the Chief Minister and shall be 44 co-terminus with the appointing authority. 45 46 Sec. 36. Qualifications of Governors of the Board. – The Governors of 47 the Board must be citizens of the Philippines, residents of the Bangsamoro 48 Autonomous Region for at least six (6) months prior to their appointment, at least 49 thirty (30) years old, of good moral character and of recognized competence in any of 50 the following fields: law, economics, finance, banking, commerce, industry, 51 agriculture, engineering, and management.

1 2 Sec. 37. Secretariat to the BBOI. – The BBOI Secretariat shall provide 3 technical support to the Board, and shall be headed by a Board Secretary VI, with 4 support staff. 5 6 Its functions include: 7 8 a. Preparing the agenda and all other necessary documents and materials for 9 the meetings of the Board; 10 b. Notifying Board members of the meeting and recording their attendance; 11 c. Recording each action taken up during the meetings; preparing and 12 signing appropriate resolutions, if needed; 13 d. Maintaining all records of the Board; 14 e. Coordinating with the Bureau of Investments under the Ministry of Trade, 15 Investments, and Tourism on policy matters that may need cooperation 16 and coordination; and 17 f. Performing other related functions as may be directed by the Board. 18 19 20 B. BANGSAMORO INFORMATION OFFICE

21 Sec. 38. Bangsamoro Information Office. – The Bangsamoro 22 Information Office (BIO) shall serve as the communications arm and center of 23 information of the Bangsamoro Government. It shall be an attached office to the 24 Office of the Chief Minister. 25 26 Sec. 39. Mandate. – The Bangsamoro Information Office is mandated to be 27 the center of information through the Bangsamoro Autonomous Region’s 28 communication platforms to promote transparency, moral governance, and to enrich 29 the quality of public discourse. 30 31 Sec. 40. Powers and Functions. – The Bangsamoro Information Office 32 shall have the following powers and functions: 33 34 a. Provide an institutional and effective information arm in the Bangsamoro 35 Government; 36 b. Develop a well–managed information feedback and feed forward 37 mechanism between the Bangsamoro Government and its constituents; 38 c. Establish a network of information officers within the Bangsamoro 39 Government; 40 d. Conduct continuing research necessary in the performance of its 41 functions; 42 e. Strengthen communication linkages with local government units in the 43 Bangsamoro Autonomous Region; 44 f. Coordinate with public and private media outlets and practitioners; and 45 g. Perform such other functions as may be directed by the Chief Minister or 46 other proper authorities. 47 48 Sec. 41. Organization and Composition. - The Bangsamoro Information 49 Office shall be headed by an Executive Director assisted by a Deputy Executive 50 Director, with the ranks of Director II and Director I , respectively , who shall be

1 appointed by the Chief Minister. Their appointments shall be co-terminus with the 2 appointing authority. 3 4 It shall be composed of the following: 5 6 A. Administrative Section, which shall be responsible in providing 7 administrative support to the office; and 8 9 B. Operations Division, which shall consist of the following sections: 10 11 a. News, Media and Print Section; 12 b. Broadcast Section; 13 c. Research, Planning, and Monitoring Section; 14 d. Media Relations Section; and 15 e. Provincial Field Section. 16 17 Other divisions may be created by the office with the concurrence of the 18 Cabinet. 19

20 C. OFFICE FOR SETTLER COMMUNITIES

21 Sec. 42. Office for Settler Communities. –The Office for Settler 22 Communities shall serve as the primary agency responsible in promoting the welfare 23 and addressing issues and concerns of settlers in the Bangsamoro Autonomous 24 Region. It shall be attached to the Office of the Chief Minister. 25 26 Sec. 43. Mandate. –The Office for Settler Communities is mandated to 27 ensure that settlers enjoy the rights guaranteed to them by the Bangsamoro Organic 28 Law, the Constitution, and all other laws as may be enacted by the Bangsamoro 29 Parliament. 30 31 Sec. 44. Powers and Functions. -The Office for Settler Communities 32 enjoys powers and authority on the following matters as provided for under the 33 Bangsamoro Organic Law and sanctioned by existing laws and regulations: 34 35 a. Provide advice and assistance to the Chief Minister in the formulation, 36 coordination, implementation, and monitoring of policies, plans, 37 programs, and projects affecting settler communities; 38 b. Act as the primary agency through which settlers can seek government 39 assistance and redress; 40 c. Serve as the medium through which such assistance may be extended to 41 settler communities, when necessary; 42 d. Coordinate with concerned ministries, agencies, and other offices, when 43 necessary, in the performance of its functions; and 44 e. Perform other functions as may be provided by law or assigned by the 45 Chief Minister. 46

1 Sec. 45. Organization and Composition. - The Office for Settler 2 Communities shall be headed by an Executive Director assisted by a Deputy 3 Executive Director, with the ranks of Director II and Director I , respectively, who 4 shall be appointed by the Chief Minister. Both shall be members of settler 5 communities. Their appointments shall be co-terminus with the appointing 6 authority. 7 8 It shall be composed of the following: 9 10 a. Technical Division; 11 b. Administrative Section; and 12 c. Such other units as may be created by the office with the concurrence 13 of the Chief Minister. 14

15 D. BANGSAMORO PLANNING AND DEVELOPMENT AUTHORITY

16 Sec 46. Bangsamoro Planning and Development Authority. - The 17 Bangsamoro Planning and Development Authority (BPDA) shall serve as the 18 planning, coordinating and monitoring agency for all development plans, policies, 19 programs and projects of the Bangsamoro Government. The BPDA shall act as the 20 counterpart of the NEDA in the Bangsamoro Autonomous Region. It shall also serve 21 as the Technical Secretariat of the Bangsamoro Economic and Development Council 22 (BEDC). 23 24 Sec. 47. Organizational Structure – The BPDA shall be headed by a 25 Bangsamoro Director-General, assisted by a Deputy Director-General and three (3) 26 Directors II, divisions and support staff as provided for under Bangsamoro 27 Autonomy Act No. 6. 28 29 Sec. 48. Functions and responsibilities of the BPDA. — The functions 30 and responsibilities of the BPDA are those defined and provided for under 31 Bangsamoro Autonomy Act No. 6. 32 33 34 E. BANGSAMORO PILGRIMAGE AUTHORITY

35 Sec. 49. The Bangsamoro Pilgrimage Authority. – The Bangsamoro 36 Government shall have primary jurisdiction over Hajj and Umrah matters affecting 37 pilgrims from within the Bangsamoro. The Bangsamoro Pilgrimage Authority shall 38 act in close coordination with the National Commission on Muslim Filipinos on Hajj 39 and Umrah matters involving offices and agencies outside of the Bangsamoro 40 Autonomous Region. 41 42 Sec. 50. Mandate. - The Bangsamoro Pilgrimage Authority is primarily 43 responsible for the administration of the annual Muslim pilgrimage to Mecca, 44 Kingdom of Saudi Arabia of pilgrims from within the Bangsamoro. It shall formulate 45 and implement programs, projects and activities for the efficient and effective

1 administration and supervision of the conduct of pilgrimage activities of Bangsamoro 2 pilgrims.1 3 4 3 4 Sec. 51. Functions. - The Bangsamoro Pilgrimage Authority shall formulate 5 the necessary guidelines to ensure the timely processing of the Bangsamoro pilgrim’s 6 travel documents and the equitable and reasonable collection of fees. It shall also 7 accredit qualified and deserving sheikhs. It shall likewise formulate, subject to the 8 approval of the Chief Minister, the time table of annual Hajj activities which must be 9 posted in all areas accessible to Bangsamoro Muslims. 10 11 Pursuant to the above, collections shall be limited to mutawiff and 12 passporting and/or processing fees only. Collected fees shall be deposited in a 13 special trust fund which shall be established by the Authority, the expenses from 14 which shall be subject to existing auditing laws, rules and regulations.

15 The pilgrims shall be accorded free choice of travel agencies and airlines or 16 other means of transportation to and from the site of pilgrimage, Provided, that 17 pilgrims comply with the prescribed arrival and departure schedule fixed by the 18 Ministry of Hajj of the Kingdom of Saudi Arabia: Provided, further, That all pilgrims 19 shall be legitimate holders of round-trip tickets to and from the Kingdom of Saudi 20 Arabia : Provided, furthermore, That the pilgrims shall be free to choose on where to 21 purchase or acquire other logistics, materials and supplies for the pilgrimage.

22 In no instance shall the pilgrims be forced to purchase such logistics, 23 materials and supplies from the Authority or its authorized agents or 24 representatives.1 3 5

25 The Authority shall directly engage and enter into agreements with the 26 appropriate authorities in the Kingdom of Saudi Arabia, upon consultation with, and 27 prior approval by, the Chief Minister. 28 29 Sec. 52. Organization and Composition. – The Office of the 30 Bangsamoro Pilgrimage Authority shall be headed by an Executive Director assisted 31 by a Deputy Executive Director, with the ranks of Director II and Director I , 32 respectively, who shall be appointed by the Chief Minister. Their appointments shall 33 be co-terminus with the appointing authority. 34 35 It shall be composed of the following divisions: 36 37 a. Pilgrimage Operations Division; 38 b. Endowment Administration Division;1 3 6 39 c. Administration and Finance Division; and 40 d. Such other divisions as may be created by the office with the concurrence 41 of the Chief Minister. 42 43 44 F. DEVELOPMENT ACADEMY OF THE BANGSAMORO

134 Based on the Bureau of Pilgrimage and Endowment of the NCMF. 135 Id. 136 Based on the divisions of the Bureau of Pilgrimage and Endowment of the NCMF.

1 Sec. 53. Development Academy of the Bangsamoro. - The 2 Development Academy of the Bangsamoro (Academy) shall be the central human 3 capital development arm of the Bangsamoro Government. It shall be attached to the 4 Office of the Chief Minister and shall have the following powers and functions: 5 6 a. Capacitate BARMM officials and employees with the end in view of 7 producing highly and globally competitive administrators, bureaucrats 8 and technocrats; and 9 b. Develop opportunities through programs and policies in the BARMM 10 which shall be grounded on creative and innovative ideas generated 11 through conduct of timely and relevant researches. 12 13 Sec. 54. Organizational Structure. - The Academy shall be headed by an 14 Executive Director II to be assisted by five (5) Division Chiefs, with support staff. It 15 shall be composed of the following divisions: 16 17 1. Finance and Administrative Division (FAD) - the FAD shall provide 18 for the administrative and financial support services needed by the 19 Academy. 20 21 2. Center of Training and Assessment (CTA) - the CTA shall offer and 22 implement development services such as training and other capacity 23 building programs, projects, services and activities for Academy. 24 25 3. Center of Research and Policy Development (CRPD) - the CRPD 26 shall design, conduct and formulate research and policy development 27 agenda of the Academy. 28 29 4. Center of Education and Extension (CEE) - Designs and implements 30 short-term course offerings and specialized graduate degree programs of 31 the Academy; and prepares curriculum, modules and other instructional 32 technologies and conducts regular reviews of the same. 33 34 5. Center of Knowledge Management (CKM) - the CKM shall develop 35 and maintain technologies or communication channels, implement 36 programs and activities to allow the exchange of knowledge, practices and 37 strategies among the Academy’s workforce towards improved performance 38 and competitive advantage. 39 40 Sec. 55. Executive Committee. - There shall be an Executive Committee 41 composed of the Academy’s Executive Director II as Chairperson, with the Division 42 Chiefs as members. 43 44 Sec. 56. Functions of Executive Committee. - The Executive Committee 45 shall administer the affairs of the Academy in accordance with such powers, 46 functions and responsibilities as may be delegated by the Office of the Chief Minister. 47 48 Sec. 57. Office of the Executive Director. - The operations and the 49 management functions of the Academy shall be vested in the Executive Director with 50 a salary grade of 27 and who shall be appointed by the Chief Minister. He/she shall

1 serve for a fixed term of six (6) years without prejudice to reappointment. The 2 Executive Director shall have the following powers, duties and functions: 3 4 a. Serve as the head of the Academy; 5 b. Preside over meetings of the Academy; 6 c. Represent the Academy in all meetings and other undertakings relevant to 7 the mandates of the Academy; 8 d. Manage the day-to-day affairs of the Academy; 9 e. Sign contracts with donor institutions, partners and other institutions 10 relevant to the mandates of the Academy; 11 f. Issue orders and directives to all Academy’s officers, consultants and 12 employees in the exercise of the Academy’s mandates; 13 g. Submit regular reports and other necessary documents as requested; 14 h. Receive in trust legacies, gifts, donations of real properties and personal 15 property of all kinds and administer the same in behalf and for the benefit 16 of the Academy; and 17 i. Perform such other powers and functions as delegated by a competent 18 authority. 19 20 21 G. BANGSAMORO DARUL-IFTA’

22 Sec. 58. Bangsamoro Darul-Ifta’. –The Bangsamoro Darul-Ifta’ shall 23 serve as the consultative body for policy-making through Islamic jurisprudence in 24 the Bangsamoro Autonomous Region. As such, it shall promulgate, adopt and 25 implement policy guidelines, procedure, rules and regulations necessary for the 26 proper management and operation of the Office. It shall be attached to the Office of 27 the Chief Minister. 28 29 Sec. 59. Mandate. –The Bangsamoro Darul-Ifta’ is mandated to strengthen 30 Islamic preaching and guidance, and utilize knowledge and social capital of the 31 Ulama for the common good. 32 33 Sec. 60. Powers and Functions. - The Bangsamoro Darul-Ifta’ shall have 34 the following powers and functions: 35 36 a. Promulgate fatawa (Religious Edicts) pertaining to the whole breadth 37 of Islamic jurisprudence; 38 b. Spearhead the promotion of intrareligious and interreligious dialogues for 39 the attainment of peaceful co-existence; 40 c. Serve as consultant to the Office of the Chief Minister pertaining to 41 religious affairs; 42 d. Collaborate and exchange information pertaining to Ramadhan moon- 43 sighting locally and internationally specially among nearby South East 44 Asian Muslim Countries; and 45 e. Perform other functions as may be provided by law or assigned by the 46 Chief Minister. 47 48 Sec. 61. Organization and Composition. - The Bangsamoro Darul-Ifta’ 49 shall be headed by the Bangsamoro Mufti, assisted by a Secretariat headed by an

1 Executive Director. The Bangsamoro Mufti shall be appointed by the Chief Minister 2 and shall preferably be from among the resident Ulama of the Bangsamoro 3 Autonomous Region. Their appointments shall be co-terminus with the appointing 4 authority. 5 6 It shall be composed of the following: 7 8 a. Fatwa Division; 9 b. Research Division; 10 c. Information and Communications Division; 11 d. Administration Section; and 12 e. Such other units as may be created by the office with the concurrence of 13 the Cabinet. 14 15 Sec. 62. Bangsamoro Mufti. - The Bangsamoro Mufti shall have the 16 following powers and functions: 17 18 a. Call for regular and special sessions with his Islamic Jurist in 19 promulgating fatawa; 20 b. Act as the presiding officer during the regular and special sessions of the 21 Bangsamoro Darul-Ifta’; 22 c. Exercise over-all management and supervision of the Bangsamoro Darul- 23 Ifta’; 24 d. Represent Bangsamoro Darul-Ifta’ in promotion of moral governance, 25 intrareligious and interreligious dialogues, and other gatherings needing 26 the presence of Bangsamoro Darul-Ifta’; 27 e. Approve the implementation of programs, projects and activities of the 28 Bangsamoro Darul-Ifta’; 29 f. Declare the start and end of Ramadhan Fasting including Eid’l Fit’r and 30 Eid’l Adha; 31 g. Provide reference to the Chief Minister on matters pertaining to religious 32 affairs and other thematic Islamic events; and 33 h. Perform such other duties and functions as may be assigned by the Chief 34 Minister or as may be determined by law. 35 36 37 H. COOPERATIVES AND SOCIAL ENTERPRISE AUTHORITY

38 Sec. 63. Cooperatives and Social Enterprise Authority. – The 39 Cooperatives and Social Enterprise Authority shall be the primary entity to promote 40 the viability and growth of Bangsamoro cooperatives and social enterprise in the 41 Bangsamoro region. It shall be the sole agency of the Bangsamoro Government that 42 registers cooperatives and social enterprises. It shall be attached to the Office of the 43 Chief Minister. 44 45 Sec. 64. Mandate. – The Cooperatives and Social Enterprise Authority with 46 all the branches, sub-divisions, instrumentalities and agencies of the Bangsamoro 47 Government shall ensure the provision of technical guidance, financial assistance

1 and other services to enable the cooperatives and social enterprises to develop into 2 viable and responsive economic enterprises.1 3 7 3 4 Sec. 65. General Concepts. – A cooperative is a duly registered association 5 of persons, with common bond of interest, who have voluntarily joined together to 6 achieve a lawful common social or economic end, making equitable contributions to 7 the capital required and accepting a fair share of the risks and benefits of the 8 undertaking in accordance with the universally accepted cooperative principles. 9 10 A social enterprise is a social mission-driven organization that has specific 11 objectives that serve its primary purpose. Social enterprises seek to maximize profits 12 while maximizing benefits to society and the environment. Their profits are 13 principally used to fund social programs.1 3 8 14 15 Sec. 66. Powers and Functions. – The Cooperatives and Social 16 Enterprise Authority shall be headed by a Director III, with the following as the 17 functions: 18 19 a. Formulate, adopt and implement integrated and comprehensive plans and 20 programs on cooperative and social enterprise development consistent 21 with the existing policy on cooperatives and the overall socio-economic 22 development plans of the autonomous regional government; 23 b. Develop and conduct management and training programs upon request of 24 cooperatives and social enterprises; 25 c. Support the voluntary organization and consensual development of 26 activities that promote cooperative movements and provide assistance 27 towards upgrading managerial and technical expertise upon request of the 28 cooperative concerned; 29 d. Coordinate the efforts of the Local Government Units in the Bangsamoro 30 Autonomous Region and the private sector in the promotion, organization 31 and development of cooperatives; 32 e. Require all cooperatives, their federations and unions in the Bangsamoro 33 Autonomous Region to submit their annual reports and their financial 34 statements, duly audited by certified public accountants, and general 35 information sheets; 36 f. Assist cooperatives in the Bangsamoro Autonomous Region in accessing 37 financial and other forms of assistance under such terms and conditions 38 as are calculated to strengthen their viability and autonomy; 39 g. Administer all grants and donations coursed through the regional 40 government for cooperative development in the Bangsamoro Autonomous 41 Region without prejudice to the right of cooperative to directly receive and 42 administer such grants and donation upon agreement with the grantors 43 and donors thereof; 44 h. Upon request of either or both parties, to mediate and conciliate disputes 45 within a cooperative or between cooperatives in the Bangsamoro 46 Autonomous Region;

137 Derived from Sec. 2, Chapter 1, Title XVI of MMA Act No. 287 138 www.investopedia.com

1 i. Formulate and adopt continuing policy initiatives in consultation with the 2 cooperative and social enterprise sector in the Bangsamoro Autonomous 3 Region through public hearings; and 4 j. Perform such other functions under existing laws. 5 6 Sec. 67. Organizational Structure. - The Cooperatives and Social 7 Enterprise Authority shall be headed by an Executive Director II to be assisted by 8 three (3) Division Chiefs, with support staff. It shall be composed of the following 9 divisions: (a) Administrative and Finance Division; (b) Cooperative Development 10 Division; and (c) Social Enterprise Division. 11 12 Sec. 68. Functions of the Administrative and Finance Division. – 13 The Administrative and Finance Division shall be responsible for the day - to - day 14 operations of the Authority and shall carry out the following functions: 15 16 a. Provide administrative support to the Authority; 17 b. Manage the finances of the Authority; and 18 c. Carry out other administrative functions assigned by the Chief Minister 19 or other competent authority. 20 21 Sec. 69. Functions and duties of the Cooperative Development 22 Division. – The Cooperative Development Division shall be headed by a Division 23 Chief, and shall have the following functions and duties: 24 25 a. Recommend policies, strategies, plans and programs on cooperatives and 26 extend necessary support and technical assistance towards upgrading 27 managerial/ technical and fiscal capabilities of cooperatives; 28 b. Processing and issuance of Certificate of Registration, and Certificate of 29 Compliance; 30 c. Provide mediation and arbitration services to registered cooperatives; 31 d. Conduct monitoring and inspection of cooperatives; and 32 e. Perform such other functions as may be provided by law. 33 34 Sec. 70. Functions and duties of the Social Enterprise Division. – 35 The Social Enterprise Division shall be headed by a Division Chief, and shall have the 36 following functions and duties: 37 38 a. Promote and advocate social enterprise in community development; 39 b. Assist social enterprises in the development of their business model; 40 c. Organize the Bangsamoro Social Enterprise Coalition; 41 d. Provide support and assistance to social enterprises whenever necessary; 42 and 43 e. Perform such other functions as may be provided by law. 44 45 Sec. 71. Support to Local Government Units. – In a province, city or 46 municipality that has its own Cooperative Development Office, the Authority shall 47 provide support and assistance whenever necessary. Those local government units 48 without a Cooperative Development Office shall be assisted by a Cooperative 49 Development Specialist in the implementation of their cooperative programs.1 3 9

139 See Sec. 6, Chapter 1, Title XVI of MMA Act No. 287

1 2 3 I. BANGSAMORO INFORMATION COMMUNICATIONS 4 TECHNOLOGY OFFICE

5 Sec. 39. Bangsamoro Information Communications Technology 6 Office. – The Bangsamoro Information Communications Technology Office 7 (BICTO) shall have the following powers and functions: 8 9 a. Periodically formulate a BARMM ICT strategic development plan for 10 approval of the Bangsamoro Cabinet; 11 b. Formulate and recommend appropriate policies, procedures, standards 12 and guidelines relating to the acquisition, disposal, use, implementation, 13 utilization, management, security and protection of ICT resources; 14 c. Administer the implementation of major programs, activities, and projects 15 relating to Information and Communications Technology within the 16 Bangsamoro Autonomous Region; 17 d. Monitor and ensure the implementation, and undertake review and 18 periodic updating, of the Bangsamoro Government’s e-Government Plan; 19 e. Promote and monitor the compliance of the BARMM Ministries to existing 20 ICT laws, policies, standards, and guidelines; 21 f. Facilitate the configuration of Centralized Information Systems, which 22 shall be installed in the Information and Communications Office under the 23 Office of the Chief Minister, to enable rapid access to reliable information 24 and reinforce government services in the Bangsamoro Autonomous 25 Region; 26 g. Develop, manage and maintain the Bangsamoro Government-owned ICT 27 Infrastructure, except otherwise provided by law or executive issuance; 28 h. Ensure the alignment of regional ICT development plans with the 29 Bangsamoro Development Key point agenda; 30 i. Promote collaborative efforts to ensure ICT capabilities and capacities 31 across all sectors in the Bangsamoro Autonomous Region; and 32 j. Perform such other related functions as may be assigned by law or higher 33 authorities. 34 35 Sec. 73. Organizational Structure. – BICTO shall be headed by an 36 Executive Director II, who shall be appointed by the Chief Minister under co- 37 terminus status. He/she shall be assisted by two (2) Division Chiefs, with support 38 staff. Its divisions are: (1) The ICT Infrastructure and Services Division, which shall 39 develop, install, interconnect, maintain, and protect the ICT infrastructure, systems, 40 and databases of the Bangsamoro Government, as well as connect databases to those 41 of their national counterparts, as far as practicable; and (2) The Planning and 42 Capacity Building Division, which shall develop plans, programs, and activities 43 related to the development and use of ICT. 44 45 Chapter 4 46 Power of the Chief Minister to Reorganize Executive Offices

1 Sec. 74. Continuing Authority of the Chief Minister to Reorganize 2 Executive Offices. - The Chief Minister, subject to the provisions of the 3 Bangsamoro Organic Law and in order to achieve simplicity, economy and efficiency, 4 shall have continuing authority to reorganize the administrative structure of the 5 Office of the Chief Minister. For this purpose, he/she may take any of the following 6 actions: (1) Restructure the internal organization of the Office of the Chief Minister 7 Proper by abolishing, consolidating or merging units thereof or transferring 8 functions from one unit to another; (2) Transfer any function under the Office of the 9 Chief Minister to any other ministry or agency as well as transfer functions to the 10 Office of the Chief Minister from other ministries and agencies; and (3) Transfer any 11 agency under the Office of the Chief Minister to any other ministry or agency as well 12 as transfer agencies to the Office of the Chief Minister from other ministries or 13 agencies.1 4 0

140 Derived from Sec. 18, Chapter 8, Title III, Book III of MMA Act No. 287

1 BOOK IV 2 GENERAL FUNCTIONS OF THE CABINET 3 4 5 Chapter 1 6 The Cabinet Ministers

7 Sec. 1. Executive Function and Authority of the Bangsamoro 8 Cabinet. – The executive function and authority shall be exercised by the Cabinet 9 which shall be headed by a Chief Minister. The acts of the Bangsamoro Cabinet 10 members performed and promulgated in the regular course of business, are, unless 11 disapproved or reprobated by the Chief Minister, presumptively executive acts.

12 Sec. 2. The Cabinet Minister. - The Cabinet Minister shall be the head of 13 the Ministry to be assisted by a Deputy Minister.

14 Sec. 3. Jurisdiction over Bureaus, Offices, Regulatory Agencies 15 and Government Corporations. - Each Ministry shall have jurisdiction over 16 bureaus, offices, regulatory agencies, and government-owned or controlled 17 corporations assigned to it by law. Unless otherwise expressly prohibited by law, the 18 Chief Minister may, by executive order, assign offices and agencies not otherwise 19 assigned by law to any ministry, or indicate to which ministry a government 20 corporation or board may be attached to.1 4 1

21 Sec. 4. Authority and Responsibility of the Cabinet Ministers. - The 22 Cabinet Ministers shall have the authority and responsibility to exercise the 23 mandates of their respective Ministries.1 4 2

24 Sec. 5. Powers and Functions of the Cabinet Ministers. - The Cabinet 25 Ministers shall be vested with the following powers and functions:

26 a. Recommend to the Chief Minister policies and programs; 27 b. Manage the implementation of ministry’s programs, projects, and 28 activities; 29 c. Establish policies and standards for the operation of the Ministry pursuant 30 to the approved programs of the Government of the Day; 31 d. Promulgate rules and regulations necessary to carry out ministry 32 objectives, policies, functions, plans, programs and projects; 33 e. Promulgate administrative issuances necessary for the efficient 34 administration of the offices under the Cabinet Minister and for proper 35 execution of the laws relative thereto. These issuances shall not prescribe 36 penalties for their violation, except when expressly authorized by law; 37 f. Exercise disciplinary powers over officers and employees under the 38 Cabinet Minister in accordance with law, including their investigation and 39 the designation of a committee or officer to conduct such investigation;

141 Derived from Sec. 6, Chapter 2, Book IV of MMA Act No. 287 142 See Sec. 7, Chapter 3, Book IV of MMA Act No. 287

1 g. Appoint all officers and employees of the Ministry except those whose 2 appointments are vested in the Chief Minister or in some other appointing 3 authority; 4 h. Exercise jurisdiction over all bureaus, offices, agencies and corporations 5 under the Ministry as are provided by law, and in accordance with the 6 applicable relationships; 7 i. Delegate authority to officers and employees under the Cabinet Ministry's 8 direction in accordance with this Code; and 9 j. Perform such other functions as may be provided by law.1 4 3

10 Sec. 6. Submission of Performance Evaluation Reports. - The 11 Cabinet Minister shall formulate and enforce a system of measuring and evaluating 12 periodically and objectively the performance of the Ministry and submit the same 13 annually to the Chief Minister. The Cabinet Minister shall likewise prepare and 14 submit to the Chief Minister an estimate of the necessary expenditures of the 15 Ministry during the next fiscal year, on the basis of the reports and estimates 16 submitted by bureaus and offices under him/her.1 4 4

17 Sec. 7. Powers and Duties of the Deputy Minister. – Except as may be 18 provided otherwise in this Code, as a general rule, the Deputy Minister shall have the 19 following general powers and duties:

20 a. Assist the Cabinet Minister in the formulation and implementation of 21 ministry policies, programs, projects and activities; 22 b. Coordinate policies, programs and projects of the Ministry and be 23 responsible for their efficient and effective implementation; 24 c. Serve as deputy to the Cabinet Minister in all matters relating to the 25 operations of the Ministry; 26 d. Discharge the duties of the Cabinet Minister in the latter's absence or 27 inability to discharge his/her duties for any cause or in case of vacancy of 28 the said office, unless otherwise provided by law. Where there are more 29 than one Deputy Ministers, the Cabinet Minister shall allocate the 30 foregoing powers and duties among them, except the power to appoint and 31 terminate employees; and 32 e. Perform such other functions and duties as may be provided by law.1 4 5

33 34 Chapter 2 35 Administrative Relationship

36 Sec. 8. Definition of Administrative Relationship. - Unless otherwise 37 expressly stated in this Code or in other laws defining the special relationships of

143 See Sec. 8, Chapter 3, Book IV of MMA Act No. 287 144 See Sec. 9, Chapter 3, Book IV of MMA Act No. 287 145 See Sec. 10, Chapter 3, Book IV of MMA Act No. 287

1 particular ministries or agencies, administrative relationships shall be categorized 2 and defined as follows:

3 (1) Supervision and Control. - Supervision and control shall include 4 authority to act directly whenever a specific function is entrusted by law 5 or regulation to a subordinate; direct the performance of duty; restrain 6 the commission of acts; review, approve, reverse or modify acts and 7 decisions of subordinate officials or units; determine priorities in the 8 execution of plans and programs; and prescribe standards, guidelines, 9 plans and programs. Unless a different meaning is explicitly provided 10 in the specific law governing the relationship of particular ministries or 11 agencies, the word "control" shall encompass supervision and control 12 as defined in this paragraph.

13 (2) Administrative Supervision. – (a) Administrative supervision 14 which shall govern the administrative relationship between a ministry 15 or its equivalent and regulatory agencies or other agencies as may be 16 provided by law, shall be limited to the authority of the ministry or its 17 equivalent to generally oversee the operations of such agencies and to 18 ensure that they are managed effectively, efficiently and economically 19 but without interference with day-to-day activities; or require the 20 submission of reports and cause the conduct of management audit, 21 performance evaluation and inspection to determine compliance with 22 policies, standards and guidelines of the ministry; to take such action 23 as may be necessary for the proper performance of official functions, 24 including rectification of violations, abuses and other forms of 25 maladministration; and to review and pass upon budget proposals of 26 such agencies but may not increase or add to such budget proposals;

27 (b) Such authority shall not, however, extend to contracts entered into 28 by the agency in the pursuit of its objectives, the review of which and 29 other procedures related thereto shall be governed by appropriate 30 laws, rules and regulations; and the power to review, reverse, revise, 31 or modify the decisions of regulatory agencies in the exercise of their 32 regulatory or quasi-judicial functions; 33 34 (c) Unless a different meaning is explicitly provided in the specific law 35 governing the relationship of particular agencies, the word 36 "supervision" shall encompass administrative supervision as defined 37 in this paragraph. 38 39 (3) Attachment. - (a) Attachment refers to the lateral relationship 40 between the ministry or its equivalent and the attached agency or 41 corporation for purposes of policy and program coordination. The 42 coordination may be accomplished by having the ministry represented 43 in the governing board of the attached agency or corporation, either as 44 Chairperson or as a member, with or without voting rights, if this is

1 permitted by the charter; having the attached corporation or agency 2 comply with a system of periodic reporting which shall reflect the 3 progress of programs and projects; and having the ministry or its 4 equivalent provide general policies through its representative in the 5 board, which shall serve as the framework for the internal policies of 6 the attached corporation or agency.

7 (b) Matters of day-to-day administration or all of those pertaining to 8 internal operations shall be left to the discretion or judgment of the 9 executive officer of the agency or corporation. In the event that the 10 Cabinet Minister and the head of the board or the attached agency 11 or corporation strongly disagree on the interpretation and 12 application of policies, and the Cabinet Minister is unable to resolve 13 the disagreement, he/she shall bring the matter to the Chief 14 Minister for resolution and disposition; 15 16 (c) Government-owned or controlled corporations attached to a 17 ministry shall submit to the Cabinet Minister concerned their 18 audited financial statements on or before the 15th day of January of 19 each year; and 20 21 (d) Pending submission of the required financial statements, the 22 corporation shall continue to operate on the basis of the preceding 23 year's budget until the financial statements shall have been 24 submitted. Should any government-owned or controlled 25 corporation incur an operation deficit at the close of its fiscal year, it 26 shall be subject to administrative supervision of the ministry; and 27 the corporation's operating and capital budget shall be subject to 28 the ministry's examination, review, modification and approval.1 4 6 29 30 31 Chapter 3 32 Supervision And Control

33 Sec. 9. Cabinet Minister's Authority. - The Cabinet Minister shall have 34 supervision and control over the bureaus, offices, and agencies under him/her 35 excluding chartered institutions or government-owned or controlled corporations 36 attached to the ministry, subject to the following guidelines:

37 a. Initiative and freedom of action on the part of subordinate units shall be 38 encouraged and promoted, rather than curtailed, and reasonable 39 opportunity to act shall be afforded those units before control is exercised; 40 and 41 b. Functions involving discretion, experienced judgment or expertise vested 42 by law upon a subordinate agency, control shall be exercised in accordance 43 with said law.1 4 7 44

146 See Sec. 11, Chapter 4, Book IV of MMA Act No. 287 147 See Sec. 12, Chapter 5, Book IV of MMA Act No. 287

1 Sec. 10. Delegation of Authority. - In accordance with the provisions on 2 specific powers provided in this Code, the Cabinet Minister or the head of a ministry, 3 office, or agency shall have authority over and responsibility for its operation. He/she 4 shall delegate such authority to the bureau and field directors as may be necessary 5 for them to implement plans and programs adequately. Delegated authority shall be 6 to the extent necessary for efficient and effective implementation of national and 7 regional programs in accordance with policies and standards developed by each 8 ministry or agency with the participation of the Field Directors. The delegation shall 9 be in writing; shall indicate to which officer or class of officers or employees the 10 delegation is made; and shall vest sufficient authority to enable the delegate to 11 discharge his/her assigned responsibility.1 4 8 12 13 Sec. 11. Authority of the Ministry Over Attached Agencies/Offices. - 14 Unless otherwise provided by law, attached agencies and offices shall be under the 15 control and supervision of the appropriate ministries. The bureaus and agencies with 16 pending transfer to the Bangsamoro Government shall continue to operate and 17 function in accordance with their respective charters, laws or orders. 18 19 20 Chapter 4 21 Relationship of Government-Owned or Controlled Corporations and 22 Regulatory Agencies to the Ministry

23 Sec. 12. Government-Owned or Controlled Corporations. - 24 Government-owned or controlled corporations shall be attached to the appropriate 25 ministry with which they have allied functions, as hereinafter provided, or as may be 26 provided by executive order, for policy and program coordination and for general 27 supervision provided in pertinent provisions of this Code. In order to fully protect 28 the interests of the Bangsamoro Government in government-owned or controlled 29 corporations, at least one-third (1/3) of the members of the Boards of such 30 corporations should either be a Cabinet Minister, Deputy Minister or other senior 31 officials of the appropriate ministries.1 4 9

32 Sec. 13. Regulatory Agencies. - A regulatory agency shall be subject to the 33 administrative supervision of the ministry under which they are placed, except when 34 they are government corporations in which case they shall be governed by the 35 provisions of the preceding section. The heads of regulatory agencies shall submit 36 annually, for the approval of the Cabinet Minister concerned, their budgets and work 37 plans which shall be the basis of their day-to-day operations. The regulatory agencies 38 may avail themselves of the common auxiliary and management services of the 39 ministry as may be convenient and economical for their operations.1 5 0 40 41 42

148 See Sec. 13, Chapter 5, Book IV of MMA Act No. 287 149 See Sec. 14, Chapter 6, Book IV of MMA Act No. 287 150 See Sec. 15, Chapter 6, Book IV of MMA Act No. 287

1 Chapter 5 2 Appointments

3 Sec. 14. Recruitment, Selection, Placement and Promotion Board 4 (RSPPB). – All ministries, agencies and offices of the Bangsamoro Government 5 shall establish their respective Recruitment, Selection, Placement and Promotion 6 Board which shall evaluate and recommend the appointment and promotion of 7 personnel with the rank of Division Chiefs and below, in accordance with the 8 provisions of Omnibus Rules on Appointments and Other Human Resource Actions 9 of the Civil Service.1 5 1

10 Sec. 15. Disqualification of the Spouse and Relatives of the Chief 11 Minister and Other Officials. - The spouse/s and relatives by consanguinity or 12 affinity within the fourth civil degree of the Chief Minister, the Deputy Chief 13 Ministers, the Speaker of Parliament, the Cabinet Ministers, or their deputies, shall 14 not during their tenure be appointed or designated to positions of which they are the 15 appointing authority except to positions which are primarily confidential in nature 16 and such other position covered by exemptions provided by law.1 5 2 17 18 19 Chapter 6 20 Administrative Issuances

21 Sec. 16. General Classification of Issuances. - The administrative 22 issuances of Cabinet Members and heads of bureaus, offices or agencies shall be in 23 the form of circulars or orders. Circulars shall refer to issuances prescribing policies, 24 rules and regulations, and procedures promulgated pursuant to law, applicable to 25 individuals and organizations outside the Bangsamoro Government and designed to 26 supplement provisions of the law or to provide means for carrying them out, 27 including information relating thereto. Orders shall refer to issuances directed to 28 particular offices, officials, or employees, concerning specific matters including 29 assignments, detail and transfer of personnel, for observance or compliance by all 30 concerned.1 5 3

31 Sec. 17. Docketing of Issuances. - Every circular or order issued pursuant 32 to the preceding section shall properly be identified as such and chronologically 33 numbered. Each class of issuance shall begin with number 001 and series of the year 34 of issuance.1 5 4

35 Sec. 18. Official Logbook. - Each ministry, commission, bureau, office or 36 agency shall keep and preserve a logbook in which shall be recorded in chronological 37 order, all final official acts, decisions, transactions or contracts, pertaining to the 38 ministry, bureau, office or agency. Whenever the performance of an official act is in 39 issue, the date and the time record in the logbook shall be controlling. The logbook

151 See Sec. 21, Chapter 7, Book IV of MMA Act No. 287 152 See Sec. 22, Chapter 7, Book IV of MMA Act No. 287 153 See Sec. 25, Chapter 8, Book IV of MMA Act No. 287 154 See Sec. 26, Chapter 8, Book IV of MMA Act No. 287

1 shall be in the custody of the chief administrative officer concerned and shall be open 2 to the public for information.1 5 5

3 Sec. 19. Government-wide Application of the Classification of 4 Issuances. - The Office of the Chief Minister shall provide such assistance as may 5 be necessary to effect general adherence to the foregoing classification of issuances, 6 including the conduct of studies for developing sub-classifications and guidelines to 7 meet peculiar needs. All administrative issuances of a general or permanent 8 character shall be compiled, indexed and published pursuant to the provisions of this 9 Code.1 5 6 Publication of administrative issuances affecting the public is required 10 before the same shall become effective. 11 12 13 Chapter 7 14 Miscellaneous Receipts

15 Sec 20. Charges for Property Sold or Services Rendered; Refunds. 16 - For services required by law to be rendered for a fee, for supplies furnished, or 17 articles of any kind sold to other divisions of the government or to any person, the 18 head of bureau, office or agency may, upon approval of the Bangsamoro Cabinet 19 charge and collect the cost of the service, supplies, or articles. The officer authorized 20 to fix the amount to be paid for service rendered and supplies or articles furnished or 21 sold in excess of cost prescribed by law or approved by the same authority may 22 recommend that the whole or part of any sum so paid be refunded, upon approval of 23 the Commission on Audit.1 5 7

24 Sec. 21. Disposition of Miscellaneous Bureau Receipts. - In the 25 absence of special provision, money collected for property sold or service rendered, 26 and all other receipts or earnings of ministries, bureaus, offices, and agencies not 27 derived from taxation, shall accrue to the general unappropriated funds of the 28 Bangsamoro Autonomous Government which shall be remitted to the Bangsamoro 29 Treasury Office, under the Ministry of Finance, and Budget and Management.1 5 8

30 Sec. 22. Printing of Studies and Researches. - With the approval of the 31 Bangsamoro Cabinet, a bureau, office, or agency may print its studies, researches and 32 similar materials for distribution at cost to the public. The Bangsamoro Cabinet may 33 authorize the reprinting of the said materials by private persons for sale to the public 34 upon payment of necessary costs for reproduction, which shall accrue to the general 35 fund and shall be remitted to the Bangsamoro Treasury Office.1 5 9

36 37

155 See Sec. 27, Chapter 8, Book IV of MMA Act No. 287 156 See Sec. 28, Chapter 8, Book IV of MMA Act No. 287 157 See Sec. 29, Chapter 9, Book IV of MMA Act No. 287 158 See Sec. 30, Chapter 9, Book IV of MMA Act No. 287 159 Derived from Sec. 31, Chapter 9, Book IV of MMA Act No. 287

1 Chapter 8 2 Contracts

3 Sec. 23. Conveyances and Contracts to which the Bangsamoro 4 Government is a Party. - Any deed, instrument or contract conveying the title to 5 real estate or to any other property shall be awarded through public bidding. Where 6 the amount of contracts exceeds five million pesos, such contract shall be executed 7 and signed by the Chief Minister on behalf of the Bangsamoro Government; provided 8 that contracts amounting to five million and below, the same may be executed and 9 signed by the Cabinet Minister or head of the agency concerned, subject to approval 10 by the Bangsamoro Cabinet.1 6 0

11 Sec. 24. Contracts for Approval by the Chief Minister. - Contracts for 12 infrastructure projects, including contracts for the supply of materials and 13 equipment to be used for such projects shall be approved by the Chief Minister.1 6 1

14 Sec. 25. Approval of Consultancy Contracts. - All purely consultancy 15 contracts relating to infrastructure projects, regardless of amount, shall be approved 16 by the Cabinet Minister concerned, in accordance with existing Guidelines on the 17 Hiring of Consultants.1 6 2

18 Sec. 26. Delegation of Authority to Governing Boards of 19 Government Corporations. - The Cabinet Ministers are authorized to delegate 20 tasks to the governing boards of government-owned or controlled corporations 21 which are attached to or are under the administrative supervision of their respective 22 ministries. In the case of government corporations which are attached to or under 23 the Office of the Chief Minister, the delegation shall be made by the Senior 24 Minister.1 6 3

25 Sec. 27. Public Bidding of Contracts. - As a general rule, contracts for 26 infrastructure projects shall be awarded after open public bidding to bidders who 27 submit the lowest responsive/evaluated bids. Open Public Bidding shall be 28 conducted among qualified contractors in accordance with laws and existing rules 29 and procedures.1 6 4

30 Sec. 28. Approval of Other Types of Government Contracts. - All 31 other types of government contracts shall, in the absence of a special provision, be 32 executed with the approval of the Cabinet Minister or by the head of the bureau or 33 office having control of the appropriation against which the contract would create a 34 charge. Such contracts shall be processed and approved in accordance with existing 35 laws, rules and regulations.1 6 5 36 37 38

160 See Sec. 32, Chapter 10, Book IV of MMA Act No. 287 161 See Sec. 33, Chapter 10, Book IV of MMA Act No. 287 162 See Sec. 34, Chapter 10, Book IV of MMA Act No. 287 163 See Sec. 35, Chapter 10, Book IV of MMA Act No. 287 164 See Sec. 36, Chapter 10, Book IV of MMA Act No. 287 165 See Sec. 37, Chapter 10, Book IV of MMA Act No. 287

1 Chapter 9 2 Controversies Among Government Offices And Corporations

3 Sec. 29. How Settled. - All disputes, claims and controversies, between or 4 among the ministries, bureaus, offices, agencies and instrumentalities of the 5 Bangsamoro Government, including government-owned or controlled corporations, 6 such as those arising from the interpretation and application of statutes, contracts or 7 agreements, shall be administratively settled or adjudicated in the manner provided 8 in this Code.1 6 6

9 Sec. 30. Disputes. - All such cases involving either purely questions of law, 10 mixed questions of law and of fact or only factual issues, shall be submitted to and 11 settled or adjudicated by the Bangsamoro Attorney-General of the Bangsamoro 12 Government and as ex-officio legal adviser of all government-owned or controlled 13 corporations. His/her ruling or decision thereon shall be conclusive and binding on 14 all the parties concerned.1 6 7

15 Sec. 31. Arbitration. - The determination of factual issues may be referred 16 to an arbitration panel composed of one representative from each of the parties 17 involved and presided over by a representative of the Bangsamoro Attorney - 18 General.1 6 8

19 Sec. 32. Appeals. - The decision of the Bangsamoro Attorney-General shall 20 be binding and executory upon the parties involved. Appeals may, however, be taken 21 to the Chief Minister where the amount of the claim or the value of the property 22 exceeds one million pesos. The decision of the Chief Minister shall be final.1 6 9

23 Sec. 33. Rules and Regulations. – The Bangsamoro Attorney-General 24 shall promulgate the rules and regulations necessary to carry out the provisions of 25 this Chapter.1 7 0

166 See Sec. 38, Chapter 11, Book IV of MMA Act No. 287 167 See Sec. 39, Chapter 11, Book IV of MMA Act No. 287 168 See Sec. 40, Chapter 11, Book IV of MMA Act No. 287 169 See Sec. 41, Chapter 11, Book IV of MMA Act No. 287 170 See Sec. 43, Chapter 11, Book IV of MMA Act No. 287

1 BOOK V 2 MINISTRIES AND OFFICES 3 4 5 TITLE I: 6 AGRICULTURE, FISHERIES AND AGRARIAN REFORM 7 8 9 Chapter 1 10 General Provisions 11 12 Sec. 1. Declaration of Policy. – It is the policy of the Bangsamoro 13 Government to ensure resiliency and productivity for food security, income and rural 14 employment in an enabling environment for farmers, fisherfolks and agrarian reform 15 beneficiaries. 16 17 Sec. 2. Mandate. - The Ministry of Agriculture, Fisheries and Agrarian 18 Reform and its attached agencies and bureaus shall promote sustainable agri–fishery 19 growth and development, and equitable land distribution and tenurial security in the 20 Bangsamoro Autonomous Region. 21 22 It shall formulate a policy framework conducive to increase public 23 investments and climate-resilient integrated support services under the direction of 24 the Bangsamoro Government, to make land and water resources profitable to ensure 25 food security through appropriate technologies and intensive promotion of agri- 26 aqua-based enterprises towards the development of farmers and fisherfolks. It shall 27 ensure the availability, adequacy, accessibility and affordability of food supplies at all 28 times in the Bangsamoro Autonomous Region. 29 30 Sec. 3. Powers and Functions. - The Ministry of Agriculture, Fisheries 31 and Agrarian Reform shall have the following powers and functions: 32 33 a. Provide integrated services to farmers, fishermen and other food 34 producers on production, utilization, conservation and disposition 35 of agricultural livestock and fishery resources; 36 b. Plan, formulate, execute, regulate and monitor programs and 37 activities relating to agriculture, food production and supply; 38 c. Promulgate and enforce all laws, rules and regulations governing 39 the conservation and proper utilization of agricultural, livestock and 40 fishery resources; 41 d. Establish central and regional information systems to serve the 42 production, marketing and financing data requirements of the 43 farmers as well as domestic and foreign investors in agribusiness 44 ventures; 45 e. Provide comprehensive and effective extension services and training 46 to farmers and other agricultural entrepreneurs on the financing, 47 production and marketing aspects of agricultural and fishery 48 enterprises; 49 f. Conduct, coordinate, and disseminate research studies on 50 appropriate technologies for the improvement and development of 51 agricultural crops, livestock, fisheries and other allied commodities;

1 g. Provide the mechanisms for the participation of farmers, fishermen 2 and agricultural entrepreneurs at all levels of policy-making, 3 planning and program formulation; 4 h. Coordinate with and enlist other public and private agencies for 5 cooperation and assistance on matters affecting the policies, plans 6 and programs of the Ministry; 7 i. Issue clearances and permits for the importation and exportation of 8 agricultural and fishery commodities, subject to existing guidelines, 9 laws, rules and regulations of concerned national and regional 10 agencies; 11 j. Approve charter contracts, issue permits for Special Commercial 12 Fishing Boats and Licenses for Commercial Fishing Vessels and 13 Gears to operate within the territorial waters of BARMM in 14 accordance with national and regional laws; 15 k. Determine and designate fish landing points for all commercial 16 fishing boats within its territorial limits; 17 l. Assist LGUs in the management and conservation of their 18 municipal waters; 19 m. Regulate and supervise the production, capture and gathering of 20 fish and fishery/aquatic products; 21 n. Designate areas in the BARMM as fishery reserves for the exclusive 22 use of the Bangsamoro Government or any of its political 23 subdivisions, agencies or instrumentalities, or of the inhabitants 24 therein, for the culture of fish and other aquatic animals for 25 educational, research and scientific purposes in accordance with 26 existing laws; 27 o. Implement all agrarian laws and for this purpose, it is authorized to 28 issue subpoena, subpoena duces tecum, writ of execution of its 29 decision, cite any person for contempt under penalty of laws such 30 other legal processes as to ensure the success and expeditious 31 implementation of the Agrarian Reform Program;1 7 1 32 p. Advise the Chief Minister and concerned Councils or Bodies on the 33 promulgation of executive and administrative orders, other 34 regulation issuances and legislative proposals designed to 35 strengthen agrarian reform, and protect the interest of the 36 beneficiaries thereof;1 7 2 37 q. Establish and promulgate operational policies, rules and regulations 38 and priorities for agrarian reform implementation in the BARMM in 39 accordance with existing laws;1 7 3 40 r. Coordinate program implementation with the Land Bank of the 41 Philippines (LBP) and other relevant civilian and military 42 government agencies mandated to support the agrarian reform 43 program;1 7 4 44 s. Acquire, administer, distribute and develop agricultural lands for 45 agrarian reform purposes;1 7 5

171 See Sec. 3 (1), Chapter 1, Title I of MMA Act No. 287 172 Derived from Sec. 3 (2), Chapter 1, Title I of MMA Act No. 287 173 See Sec. 3 (2), Chapter 1, Title I of MMA Act No. 287 174 See Sec. 3 (4), Chapter 1, Title I of MMA Act No. 287 175 See Sec. 3 (5), Chapter 1, Title I of MMA Act No. 287

1 t. Undertake surveys of lands covered by agrarian reform;1 7 6 2 u. Issue emancipation patents to farmers and farm-workers covered by 3 agrarian reform for both private and public lands and when 4 necessary, make administrative corrections of the same;1 7 7 5 v. Provide free legal service to agrarian reform beneficiaries and 6 resolve agrarian conflicts and land tenure related problems as may 7 be provided by the law;1 7 8 8 w. Promote the organization and development of cooperatives and 9 other organizations of agrarian reform beneficiaries;1 7 9 10 x. Conduct continuing education and promotion programs on agrarian 11 reform for beneficiaries, landowners, government personnel and the 12 general public;1 8 0 13 y. Institutionalize the participation of farmers, farmworkers, other 14 beneficiaries, and agrarian reform advocates in agrarian reform 15 policy formulation, program implementation and evaluation;1 8 1 16 z. Exercise exclusive authority to approve or disapprove conversion of 17 agricultural lands for residential, commercial, industrial and other 18 land uses as may be provided for by law;1 8 2 19 aa. Call upon any government agency and non-government 20 organization to extend full support and cooperation to program 21 implementation;1 8 3 and 22 bb. Exercise such other powers and functions as may be provided for 23 by law or directed by the Chief Minister to promote efficiency and 24 effectiveness in the delivery of public services.1 8 4 25 26 Sec. 4. Organizational Structure. – The Ministry of Agriculture, 27 Fisheries and Agrarian Reform shall consist of the Ministry Proper, Ministry Services 28 and Offices, and such other appropriate divisions or units as may be necessary. 29 30 31 Chapter 2 32 Ministry Proper 33 34 Sec. 5. Office of the Minister. – The Office of the Minister of Agriculture, 35 Fisheries and Agrarian Reform consists of the Minister, the Deputy Minister, and 36 their immediate staff. 37 38 Sec. 6. Powers and Functions of the Minister. - The Minister shall be 39 vested with the following powers and functions: 40 41 a. Recommend to the Bangsamoro Cabinet policies and programs related to 42 Agriculture, Fisheries, and Agrarian Reform;

176 See Sec. 3 (6), Chapter 1, Title I of MMA Act No. 287 177 See Sec. 3 (7), Chapter 1, Title I of MMA Act No. 287 178 See Sec. 3 (8), Chapter 1, Title I of MMA Act No. 287 179 See Sec. 3 (9), Chapter 1, Title I of MMA Act No. 287 180 See Sec. 3 (10), Chapter 1, Title I of MMA Act No. 287 181 See Sec. 3 (11), Chapter 1, Title I of MMA Act No. 287 182 See Sec. 3 (12), Chapter 1, Title I of MMA Act No. 287 183 See Sec. 3 (13), Chapter 1, Title I of MMA Act No. 287 184 See Sec. 3 (14), Chapter 1, Title I of MMA Act No. 287

1 b. Administer the Ministry in accordance with law, relevant executive orders 2 and regulations issued by the Chief Minister; 3 c. Manage the implementation of Ministry programs, projects, and activities; 4 d. Establish policies and standards for the operation of the Ministry pursuant 5 to the approved programs of the Bangsamoro Government; 6 e. Promulgate rules and regulations necessary to carry out Ministry’s 7 objectives, policies, functions, plans, programs and projects; 8 f. Promulgate administrative issuances necessary for the efficient 9 administration of the Ministry, and for proper execution of the laws 10 relative thereto. These issuances shall not prescribe penalties for their 11 violation, except when expressly authorized by law; 12 g. Exercise disciplinary powers over officers and employees under the 13 Ministry in accordance with law enacted by the Bangsamoro Parliament, 14 including their investigation and the designation of a committee or officer 15 to conduct such investigation; 16 h. Appoint all officers and employees of the Ministry except those whose 17 appointments are specifically vested in the Chief Minister or in some other 18 appointing authority; 19 i. Exercise jurisdiction over all bureaus, offices, agencies and corporations 20 under the Ministry as are provided by law, and in accordance with the 21 applicable relationships; 22 j. Delegate authority to officers and employees under the Minister's direction 23 in accordance with this Code; and 24 k. Perform such other functions as may be provided by law. 25 26 Sec. 7. Powers and Functions of the Deputy Minister. - The Deputy 27 Minister shall perform the following powers and functions:

28 a. Assist the Minister in implementing the policies of the Ministry; 29 b. Recommend policies for operations and program developments in the 30 Ministry; and 31 c. Perform such other functions as may be delegated by the Minister. 32 33 Sec. 8. The Bangsamoro Directors-General. – There shall be three (3) 34 Bangsamoro Directors- General, who shall be the highest career officials of the 35 Ministry, with appropriate eligibility. The Offices of the Bangsamoro Directors- 36 General shall be responsible for overseeing the administration, programs and 37 strategic plan of the ministry, with respect to: (a) Agriculture; (b) Fisheries; and (c) 38 Agrarian Reform. The Bangsamoro Directors-General shall be the direct supervisors 39 of the respective Service Directors of the Ministry. 40 41

1 Chapter 3 2 Structure of the Ministry 3 4 Sec. 9. Structure. - The Ministry of Agriculture, Fisheries, and Agrarian 5 Reform shall be supported by Services, Bureaus, Divisions, Sections, and Units, such 6 as but not limited to: Administrative and Finance; Technical; Operations; Legal; 7 Field; Internal Audit; and the likes. 8 9 10 Chapter 4 11 Sectoral Offices 12 13 Sec. 10. Office of the Bangsamoro Director-General for 14 Agriculture. The Office of the Bangsamoro Director-General for Agriculture shall 15 have the following services: 16 17 A. Field Operations Services - The Field Operations Services, headed by 18 a Director II, shall serve as the coordinating body and functional link of the 19 Ministry. It shall consist of the following: (a) Agriculture Engineering 20 Division; and (b) Agri-Business Management and Assistance Division. 21 22 Each division shall be headed by a Division Chief. 23 24 B. Agricultural Research and Regulatory Services. - The Agricultural 25 Research and Regulatory Services, headed by a Director II, consists of the 26 following: (a) Research and Regulatory Division; and (b) Integrated 27 Laboratory Division.

28 Each division shall be headed by a Division Chief.

29 Sec. 11. Office of the Bangsamoro Director-General for Fisheries. 30 – The Office of the Bangsamoro Director-General for Fisheries shall have the 31 following services: 32 33 A. Fisheries Operations Services – The Fisheries Operations Services, 34 headed by a Director II, consists of the following: (a) Fisheries Production 35 Division; (b) Fisheries Resource Management Division; and (c) Fisheries 36 Post-Harvest and Marketing Division.

37 Each division shall be headed by a Division Chief.

38 B. Fisheries Research and Regulatory Services. - The Fisheries 39 Research and Regulatory Services, headed by a Director II, consists of the 40 following: (a) Research Division; and (b) Fisheries Regulations and Law 41 Enforcement Division.

42 Each division shall be headed by a Division Chief.

43 Sec. 12. Office of the Bangsamoro Director-General for Agrarian 44 Reform. – The Office of the Bangsamoro Director-General for Agrarian Reform

1 shall have the following divisions: (a) Agrarian Reform Support Services Division; 2 and (b) Land Tenure Services and Operations Division. 3 4 Each division shall be headed by a Chief Agrarian Reform Program Officer as 5 Division Chief. 6 7 Sec. 13. Bangsamoro Agrarian Reform Adjudication Board. - 8 Subject to the transfer of the adjudicatory functions, the Bangsamoro Agrarian 9 Reform Adjudication Board shall be administratively under the Office of the Minister 10 Proper. The Board shall be composed of the Minister as Chairperson, the 11 Bangsamoro Director General, the Director for Agrarian Reform, the Chief of the 12 Legal Services and one (1) member to be designated by the Minister. 13 14 The Board shall assume the powers and functions with respect to the 15 adjudication of agrarian reform cases except those powers and functions within the 16 exclusive jurisdiction of Minister of Agriculture, Fisheries and Agrarian Reform. 17 These powers and functions may be delegated to the provincial offices of the Ministry 18 through their provincial adjudicators. 19 20 21 Chapter 5 22 Provincial and Municipal Offices 23 24 Sec. 14. Provincial Offices. - The Ministry shall have Provincial Offices, 25 each to be headed by a Director II. The Provincial Offices shall be responsible for 26 directing and coordinating the operations and activities of the MAFAR Municipal 27 Offices operating within the province.1 8 5 28 29 Sec. 15. MAFAR Municipal Offices. - The Ministry shall have as many 30 MAFAR Municipal Offices as may be necessary in promoting efficiency and 31 effectiveness in the delivery of its service, which shall be headed by a MAFAR 32 Municipal Officer.1 8 6 33 34 Sec. 16. Authority of the Ministry Proper over Provincial and 35 Municipal Offices. – The Minister shall exercise technical and administrative 36 control and supervision over Provincial and Municipal Offices within the 37 Bangsamoro Autonomous Region and such other powers necessary, appropriate or 38 incidental in carrying out the implementation of agriculture, fisheries, and agrarian 39 reform programs and projects in their respective area. 40 41 42 43 44

185 Derived from Sec. 13, Chapter 4, Title I of MMA Act 287 186 Derived from Sec. 14, Chapter 4, Title I of MMA Act 287

1 TITLE II: 2 BASIC, HIGHER, AND TECHNICAL EDUCATION 3 4 5 Chapter 1 6 General Provisions 7 8 Sec. 1. Declaration of Policies. – The Bangsamoro Government shall 9 promote and protect the constitutional right of all to quality and accessible education 10 at all levels and to establish, maintain and support a complete, adequate, and 11 integrated system of education relevant and responsive to the needs, ideals and 12 aspirations of the Bangsamoro People. The Bangsamoro Educational System is a 13 subsystem of the national education system. Pursuant to this, the Bangsamoro 14 Government shall: 15 16 a. Promote, affirm and strengthen the Bangsamoro Peoples’ distinct 17 historical identity and long struggle to chart their own destiny as a people 18 and their ambition to build a future where all can live together in justice 19 and peace; 20 b. Establish, maintain and supervise an education system where the 21 processes, inputs, outputs and outcomes of education adhere to a set of 22 standards; 23 c. Establish, maintain and supervise a strong early childhood care and 24 education that puts emphasis on the social, emotional, cognitive, physical 25 and spiritual needs of the child for a strong foundation of learning and 26 well-being all throughout life; 27 d. Establish, maintain and supervise basic education in both the school 28 system and madrasah system to meet learning needs and provide the 29 foundation on which subsequent learning can be based; 30 e. Establish, maintain and supervise alternative learning modalities; 31 f. Establish, maintain and supervise higher education which shall produce 32 high-level and middle-level professionals who, as productive and effective 33 citizens, contribute actively to community and national development; 34 g. Establish, maintain, and supervise technical education and skills 35 development which will develop the middle level professionals; 36 h. Encourage lifelong learning and continuing education for all Bangsamoro 37 Peoples to develop their knowledge, values and competencies beyond the 38 regular schooling years; 39 i. Develop, adopt and implement the standards for qualification outcomes 40 and support the development of pathways and equivalencies that enable 41 access to qualifications aligned with national and international 42 qualifications framework; 43 j. Establish, maintain and supervise an indigenous education system to 44 provide equitable access to quality education for indigenous peoples (IP) 45 learners and maintain, protect and promote IP culture and tradition; 46 k. Establish and maintain a system of mobilizing resources and financing to 47 enable educational institutions to achieve the Bangsamoro education 48 standards and to enable learners to have access to quality education; and 49 l. Ensure the application of moral governance in all levels in the education 50 system.

1 2 Sec. 2. Mandate. – The Ministry shall be primarily responsible for the 3 formulation, planning, implementation and coordination of the policies, plans, 4 programs and projects in the areas of formal and non-formal education at all levels, 5 supervise all educational institutions, both public and private, and provide for the 6 establishment, maintenance and support of a complete, adequate, and integrated 7 system of education relevant and responsive to the needs, ideals and aspirations of 8 the Bangsamoro People. 9 10 Sec. 3. Powers and Functions. – The Ministry of Basic, Higher, and 11 Education shall have the following powers and functions: 12 13 a. Formulate, plan, implement and coordinate the policies, plans, programs 14 and projects for the following: 15 16 1. Elementary and secondary, physical education and sports, 17 international education, private education, in both school system and 18 madrasah system; 19 2. Non-formal education in school and Madrasah system; 20 3. Higher education, including Islamic higher education; 21 4. Technical education and skills development; 22 5. Indigenous people’s education and tribal university system; and 23 6. Foreign and locally assisted projects in relation to the preceding items. 24 25 b. Establish, maintain, and support a complete and integrated system of 26 quality education, which shall be a subsystem of the national education 27 system;1 8 7 28 c. Develop an educational framework relevant and responsive to the needs, 29 ideals, and aspirations of the Bangsamoro people;1 8 8 30 d. Institutionalize peace education in all levels of education;1 8 9 31 e. Supervise and regulate private schools, including sectarian and non- 32 sectarian institutions of learning in any level;1 9 0 33 f. Establish, maintain, and supervise Madaris education in the Bangsamoro 34 Autonomous Region;1 9 1 35 g. Ensure the integration on the elementary and high school education 36 curricula the teaching of Islamic and Arabic studies for Muslim pupils and 37 students in public schools;1 9 2 38 h. Develop and maintain an integrated and comprehensive physical 39 education program;1 9 3 40 i. Develop appropriate curricula, quality textbooks, and teaching 41 materials;1 9 4

187 See Sec. 16, Art. IX, BOL 188 See Sec. 16, Art. IX, BOL 189 See Sec. 16, Art. IX, BOL 190 See Sec. 16, Art. IX, BOL 191 See Sec. 18, Art. IX, BOL 192 See Sec. 18, Art. IX, BOL 193 See Sec. 20, Art. IX, BOL 194 See Sec. 16 (3), Chapter 2, Title III of MMA Act 287

1 j. Establish linkages with institutions with track record of excellence to 2 provide preservice and in-service training for teachers and training courses 3 for non-teaching staff;1 9 5 4 k. Exercise the powers of selection, recruitment, appointment, and 5 promotion of teaching and non-teaching personnel of the Ministry;1 9 6 6 l. Determine the organizational components and approve staffing patterns of 7 the divisions, districts and schools;1 9 7 8 m. Promulgate rules and regulations or such guidelines as may be required for 9 efficient and effective administration, control and supervision and 10 regulation of basic, higher, and technical educational institutions in the 11 Bangsamoro Autonomous Region, including the Madaris;1 9 8 12 n. Evaluate all schools division superintendents and assistant division 13 superintendents in the Bangsamoro Autonomous Region;1 9 9 and 14 o. Perform such other functions and powers as may be provided by law. 15 16 Sec. 4. Organizational Structure. – The Ministry of Basic, Higher, and 17 Technical Education shall consist of the Ministry Proper, Ministry Services and 18 Offices, and such other appropriate divisions or units as may be necessary. 19 20 21 Chapter 2 22 Ministry Proper 23 24 Sec. 5. Office of the Minister. – The Office of the Minister of Basic, 25 Higher, and Technical Education consists of the Minister, the Deputy Minister, and 26 the immediate staff. 27 28 Sec. 6. Powers and Functions of the Minister. - The Minister shall be 29 vested with the following powers and functions: 30 31 a. Recommend to the Bangsamoro Cabinet policies and programs related to 32 Basic, Higher, and Technical Education; 33 b. Administer the Ministry in accordance with law, relevant executive orders 34 and regulations issued by the Chief Minister; 35 c. Manage the implementation of Ministry programs, projects, and activities; 36 d. Establish policies and standards for the operation of the Ministry pursuant 37 to the approved programs of the Bangsamoro Government; 38 e. Promulgate rules and regulations necessary to carry out Ministry’s 39 objectives, policies, functions, plans, programs and projects; 40 f. Promulgate administrative issuances necessary for the efficient 41 administration of the Ministry, and for proper execution of the laws 42 relative thereto. These issuances shall not prescribe penalties for their 43 violation, except when expressly authorized by law; 44 g. Exercise disciplinary powers over officers and employees under the 45 Ministry in accordance with law enacted by the Bangsamoro Parliament,

195 See Sec. 16 (4), Chapter 2, Title III of MMA Act 287 196 See Sec. 16 (8), Chapter 2, Title III of MMA Act 287 197 See Sec. 16 (9), Chapter 2, Title III of MMA Act 287 198 See Sec. 16 (10), Chapter 2, Title III of MMA Act 287 199 See Sec. 16 (13), Chapter 2, Title III of MMA Act 287

1 including their investigation and the designation of a committee or officer 2 to conduct such investigation; 3 h. Appoint all officers and employees of the Ministry except those whose 4 appointments are specifically vested in the Chief Minister or in some other 5 appointing authority; 6 i. Exercise jurisdiction over all bureaus, offices, agencies and corporations 7 under the Ministry as are provided by law, and in accordance with the 8 applicable relationships; 9 j. Delegate authority to officers and employees under the Minister's direction 10 in accordance with this Code; and 11 k. Perform such other functions as may be provided by law. 12 13 Sec. 7. Powers and Functions of the Deputy Minister. - The Deputy 14 Minister shall perform the following powers and functions:

15 a. Assist the Minister in implementing the policies of the Ministry; 16 b. Recommend policies for operations and program developments in the 17 Ministry; and 18 c. Perform such other functions as may be delegated by the Minister. 19 20 Sec. 8. The Bangsamoro Directors-General. – There shall be four (4) 21 Bangsamoro Directors- General, who shall be the highest career officials of the 22 Ministry, with appropriate eligibility. The Offices of the Bangsamoro Directors- 23 General shall be responsible for overseeing the administration, programs and 24 strategic plan of the ministry, with respect to: (a) Basic Education; (b) Higher 25 Education; (c) Technical Education; and (d) Madaris Education. The Bangsamoro 26 Directors-General shall be the direct supervisors of the respective Service Directors 27 of the Ministry. 28 29 30 Chapter 3 31 Structure of the Ministry 32 33 Sec. 9. Services and Offices. – The Ministry of Basic, Higher, and 34 Technical Education’s Services and Offices are, as follows: 35 36 (1) Administrative and Finance Services. The Administrative and Finance 37 Services shall be headed by a Director II . 38 39 Under the Administrative Services are the following: (a) Human Resource 40 Management Division; (b) General Services Division; (c) Records Division; 41 (d) Cash Division; (e) Accounting Division; and (f) Budget Division. 42 43 Each division shall be headed by a Division Chief. 44 45 (2) Technical Services. The Technical Services shall be headed by a Director 46 II. 47 48 Under the Technical Services are the following: (a) Policy and Planning 49 Division; (b) Project Development and Monitoring Division; and (c) Public 50 Assistance Division.

1 2 Each division shall be headed by a Division Chief. 3 4 (3) Legal Services. The Legal Services shall be headed by an Attorney VI. 5 6 Under the Legal Services are the following: (a) Legislative Liaison Division; 7 and (b) Legal Assistance Division. 8 9 Each division shall be headed by a Division Chief. 10 11 (4) Procurement Services. The Procurement Services shall be headed by a 12 Director II.

13 Under the Procurement Services are the following: (a) Procurement Division; 14 and (b) Supply Division.

15 Each division shall be headed by a Division Chief. 16 17 (5) Internal Audit Office. The Internal Audit Office shall be headed by an 18 Internal Auditor V and shall directly report to the Minister of Basic, Higher, 19 and Technical Education.

20 21 Chapter 4 22 Division Offices 23 24 Sec. 10. Organization. – The Ministry is hereby authorized to establish, 25 operate and maintain Division Offices in the Provinces of Lanao del Sur, 26 Maguindanao, Sulu, Basilan and Tawi-Tawi, the cities of Marawi, Lamitan and 27 Cotabato and one to cover the 63 barangays of North Cotabato. Each of the Division 28 Offices shall be headed by a Division Superintendent who shall be assisted by an 29 Assistant Division Superintendent. 30 31 Sec. 11. Functions. - The Division Offices shall: 32 33 a. Formulate and implement the Division Plan; 34 b. Implement laws, rules and regulations, policies, plans, programs and projects 35 of the Ministry; 36 c. Coordinate with local government units, civil society and non-government 37 organizations 38 d. Perform other functions as may be provided by law or by the Minister. 39 40 Sec. 12. Authority of the Ministry Proper over Division Offices. 41 – The Minister shall exercise technical and administrative control and supervision 42 over Division Offices within the Bangsamoro Autonomous Region and such other 43 powers necessary, appropriate or incidental in carrying out the implementation of 44 basic, higher, technical, and Madaris education programs and projects in their 45 respective area. 46

1 Sec. 13. Project Management Offices. – The Minister may create Project 2 Management Offices for special projects that have a fixed term. Regular Ministry 3 employees may be assigned to the Project Management Office but may be 4 supplemented by contractual employees or consultants who shall be co-terminus 5 with the Project. The creation of a Project Management Office shall be subject to the 6 approval of the Cabinet. 7 8 9 Chapter 5 10 Bangsamoro Education Board 11 12 Sec. 14. Bangsamoro Education Board. – The Bangsamoro Education 13 Board is hereby created to support the Ministry in the formulation of policies of 14 Bangsamoro Education. The Ministry shall issue the guidelines governing the 15 composition, roles and functions of the Bangsamoro Education Board. 16 17 18

1 TITLE III 2 ENVIRONMENT, NATURAL RESOURCES AND ENERGY 3 4 5 Chapter 1 6 General Provisions 7 8 Sec. 1. Declaration of Policies. – It shall be the policy of the Bangsamoro 9 Government to: 10 11 a. Exercise power, authority and right to explore, develop and utilize the 12 natural resources, including surface and sub-surface rights, inland 13 waters, coastal waters, mines and minerals and renewable and non- 14 renewable resources in the Bangsamoro Autonomous Region; 15 b. Ensure continuous, adequate and economic supply of energy and 16 likewise promote the use of renewable energy for power generation to 17 achieve the sustainable development goals and as far as practicable, 18 promote low-carbon energy generation policies; and 19 c. Give priority to the protection, conservation, rehabilitation and 20 development of forests, coastal and marine resources, including the 21 adoption of programs and projects, to ensure the maintenance of 22 ecological balance and biodiversity. 23 24 Sec. 2. Mandate. - The Ministry shall be primarily responsible for the 25 exploration, utilization, management, conservation, protection and sustainable 26 development of the region’s environment, natural resources and energy sources. 27 28 Sec. 3. Powers and Functions. - The Ministry shall have the following 29 powers and functions: 30 31 a. Recommend the enactment of regional laws relative to the development, 32 utilization, regulation and conservation of the natural resources and 33 energy and the control of pollution; 34 b. Formulate, supervise, and implement policies, plans and programs 35 pertaining to the management, conservation, protection, development 36 and utilization of the region’s environment, natural resources, and 37 energy; 38 c. Promulgate rules and regulation in accordance with regional law 39 governing the exploration, development, conservation, disposition, 40 utilization and such other commercial activities tending to cause the 41 depletion and degradation of our environment, natural resources, and 42 energy; 43 d. Exercise supervision and control over forest lands, agricultural lands, 44 mineral resources, and national parks within the Bangsamoro 45 Autonomous Region; 46 e. Recommend the declaration of nature reserves and marine parks, 47 forests, watershed reservations and other protected areas in the 48 Bangsamoro Autonomous Region; 49 f. Undertake exploration, assessment, classification and inventory of the 50 Bangsamoro Autonomous Region’s environment, natural resources, and 51 energy;

1 g. Promote proper and mutual consultation with the private sector 2 involving natural resources and energy development, utilization and 3 conservation within the Bangsamoro Autonomous Region; 4 h. Undertake geological surveys of the Bangsamoro Autonomous Region 5 including its territorial waters; 6 i. Establish and implement programs for the: 7 8 1. Accelerated inventory, surveys and classification of the region's 9 environment, natural resources and energy; 10 2. Equitable distribution of natural resources and energy; 11 3. Promotion, development and expansion of natural resources-based 12 industries; 13 4. Preservation of cultural and natural heritage through wildlife 14 conservation and segregation of national parks and other protected 15 areas; 16 5. Maintenance of a wholesome natural environment by enforcing 17 environmental protection laws; and 18 6. Encouragement of greater people participation and private initiative 19 in natural resource management. 20 21 j. Promulgate rules and regulations necessary to:

22 1. Accelerate cadastral surveys, land use planning and public land 23 titling; 24 2. Harness forest resources in a sustainable manner to assist rural 25 development; 26 3. Support forest-based industries and provide raw materials to meet 27 increasing demands at the same time keeping adequate reserves for 28 environmental stability; and 29 4. Expedite mineral resources surveys, promote the production of 30 metallic and non-metallic minerals and encourage mineral 31 marketing. 32 33 k. Regulate the development, disposition, exploration and utilization of the 34 Bangsamoro Autonomous Region’s forests, land, mineral and energy 35 resources, as defined by subsequent laws to be enacted by Parliament; 36 l. Exercise administration and supervision of all lands of the public domain 37 within the Bangsamoro Autonomous Region; 38 m. Promulgate rules and regulations for the control of water, air and land 39 pollution within the Bangsamoro Autonomous Region; 40 n. Recommend policies governing the grant of rights, privileges, and 41 concession over the exploration, development and utilization of fossil 42 fuels (such as petroleum, natural gas and coal) and uranium; 43 o. Subject to laws to be enacted by Parliament, supervise the 44 implementation of electric power industry restructuring to establish a 45 competitive, market-based environment, and encourage private sector 46 participation; 47 p. Build and exercise supervision and control over energy-projects relative 48 to power generation and distribution utilities, as may be provided in a 49 law passed by Parliament;

1 q. Promulgate policies rules and regulations for the conservation of the 2 Bangsamoro Autonomous Region’s genetic resources and biological 3 diversity, and endangered habitats; 4 r. Formulate an integrated, multi-sectoral and multi-disciplinary regional 5 conservation strategy, and 6 s. Perform such other acts as may be necessary, proper or incidental to the 7 attainment of its mandates and objectives and as directed and/or 8 assigned by the Chief Minister. 9 10 Sec. 4. Organizational Structure. - The Ministry of Environment, 11 Natural Resources and Energy shall consist of the Ministry Proper, Ministry 12 Services and Offices, and such other appropriate divisions or units as may be 13 necessary. 14 15 16 Chapter 2 17 Ministry Proper 18 19 Sec. 5. Office of the Minister. - T he Office of the Minister shall be 20 composed of the Minister, Deputy Minister, and their immediate staff. 21 22 Sec. 6. Powers and Functions of the Minister. - The Minister shall be 23 vested with the following powers and functions: 24 25 a. Recommend to the Bangsamoro Cabinet policies and programs related to 26 Environment, Natural Resources, and Energy; 27 b. Administer the Ministry in accordance with law, relevant executive orders 28 and regulations issued by the Chief Minister; 29 c. Manage the implementation of Ministry programs, projects, and activities; 30 d. Establish policies and standards for the operation of the Ministry pursuant 31 to the approved programs of the Bangsamoro Government; 32 e. Promulgate rules and regulations necessary to carry out Ministry’s 33 objectives, policies, functions, plans, programs and projects; 34 f. Promulgate administrative issuances necessary for the efficient 35 administration of the Ministry, and for proper execution of the laws 36 relative thereto. These issuances shall not prescribe penalties for their 37 violation, except when expressly authorized by law; 38 g. Exercise disciplinary powers over officers and employees under the 39 Ministry in accordance with law enacted by the Bangsamoro Parliament, 40 including their investigation and the designation of a committee or officer 41 to conduct such investigation; 42 h. Appoint all officers and employees of the Ministry except those whose 43 appointments are specifically vested in the Chief Minister or in some other 44 appointing authority; 45 i. Exercise jurisdiction over all bureaus, offices, agencies and corporations 46 under the Ministry as are provided by law, and in accordance with the 47 applicable relationships; 48 j. Delegate authority to officers and employees under the Minister's direction 49 in accordance with this Code; and 50 k. Perform such other functions as may be provided by law. 51

1 Sec. 7. Powers and Functions of the Deputy Minister. - The Deputy 2 Minister shall perform the following powers and functions:

3 a. Assist the Minister in implementing the policies of the Ministry; 4 b. Recommend policies for operations and program developments in the 5 Ministry; and 6 c. Perform such other functions as may be delegated by the Minister. 7 8 Sec. 8. The Bangsamoro Directors-General. – There shall be two (2) 9 Bangsamoro Directors- General, who shall be the highest career officials of the 10 Ministry, with appropriate eligibility. The Offices of the Bangsamoro Directors- 11 General shall be responsible for overseeing the administration, programs and 12 strategic plan of the ministry, with respect to: (a) Environment and Natural 13 Resources; and (b) Energy. The Bangsamoro Directors-General shall be the direct 14 supervisors of the respective Service Directors of the Ministry. 15 16 17 Chapter 3 18 Structure of the Ministry 19 20 Sec. 9. Structure. - The Ministry of Environment, Natural Resources, and 21 Energy shall be supported by Services, Bureaus, Divisions, Sections, and Units, such 22 as but not limited to: Administrative and Finance; Technical; Operations; Legal; 23 Field; Internal Audit; and the likes. 24 25 Chapter 4 26 Field Offices 27 28 Sec. 10. Field Offices. - The Field Offices of the Ministry are the 29 Provincial Environment, Natural Resources and Energy Offices (PENREOs) and 30 two (2) Community Environment, Natural Resources and Energy Offices 31 (CENREOs) in every province. 32 33 Sec. 11. Provincial and District Offices. - The Provincial and District 34 Offices shall be headed by a Provincial Environment, Natural Resources and Energy 35 Officer and Community Environment, Natural Resources and Energy Officer, 36 respectively and shall perform the following duties and functions; 37 38 a. Provide efficient and effective delivery of frontline services to the 39 Bangsamoro people; 40 b. Coordinate with other Provincial and District Offices and Local 41 Government Units in the enforcement of environment, natural 42 resources and energy laws, rules and regulations; 43 c. Implement laws, policies, plans, programs and projects of the 44 Ministry; 45 d. Perform monitoring and evaluation of all programs and projects of the 46 Ministry; and 47 e. Perform such other functions as may be provided by law or 48 assigned by the Minister. 49

1 Sec. 12. Authority of the Ministry Proper Over Field Offices. – 2 The Minister shall exercise technical and administrative control and supervision over 3 Field Offices within the Bangsamoro Autonomous Region and such other powers 4 necessary, appropriate or incidental in carrying out the implementation of 5 environment, natural resources, and energy programs and projects in their 6 respective area.

1 TITLE IV 2 FINANCE, AND BUDGET AND MANAGEMENT 3 4 5 Chapter 1 6 General Provisions 7 8 9 Sec. 1. Declaration of Policy. – It is the policy of the Bangsamoro 10 Government to promote, adopt, and implement sound and efficient use of 11 government resources for regional development and for the attainment of economic 12 self-sufficiency and genuine development.2 00 13 14 Sec. 2. Mandate. – The Ministry of Finance, and Budget and Management 15 is primarily mandated to evolve sound, efficient and responsive fiscal management 16 and utilization of resources. It shall be responsible for the formulation, 17 institutionalization and administration of fiscal policies in coordination with other 18 concerned ministries, agencies and instrumentalities of the Bangsamoro 19 Government. 20 21 Sec. 3. Powers and Functions. - The Ministry shall have the following 22 powers and functions: 23 24 a. Formulate medium-term expenditure and annual plans covering the 25 Bangsamoro Government’s resources mobilization efforts, in coordination 26 with other concerned ministries and offices, and supervise the 27 implementation of such plans; 28 b. Undertake the formulation of the annual budget of the Bangsamoro 29 Government; 30 c. Formulate, institutionalize and administer fiscal and tax policies; 31 d. Supervise, direct, manage, and control the collection of Bangsamoro 32 Government revenues; 33 e. Act as custodian of, and manage all financial resources of Bangsamoro 34 Government; 35 f. Manage public debt; 36 g. Review and coordinate the policies, plans and programs of Bangsamoro 37 Government financial institutions and, thereafter, recommend to them 38 courses of action consistent with the Bangsamoro government fiscal 39 policies, plans and programs; 40 h. Review and coordinate policies, plans and programs of Government 41 Owned and Controlled Corporations (GOCCs) in BARMM, and, thereafter, 42 recommend to them courses of action consistent with the Bangsamoro 43 government fiscal policies, plans and programs; 44 i. Ensure the implementation of policies and measures on local revenue 45 administration; 46 j. Coordinate with other Bangsamoro Ministries and Offices on matters 47 concerning fiscal and monetary policies, credit, economic development, 48 international finance, trade and investment;

200 Derived from Sec. 1, Art. XII. BOL

1 k. Develop and administer standard accounting system essential to fiscal 2 management and control; 3 l. Conduct a continuing study of the bureaucracy and assess as well as make 4 policy recommendation on its role, size, composition, structure and 5 functions; 6 m. Establish rules and procedures for the management of government 7 organization resources, formulates standards or organizational program 8 performance, and undertakes services in work simplification or 9 streamlining of systems and procedures to improve efficiency and 10 effectiveness in government operations; 11 n. Conceptualize and administer the Bangsamoro Government’s 12 compensation and position classification consistent with national 13 standards; and 14 o. Perform such other powers and functions as may be assigned by the 15 Minister. 16 17 Sec. 4. Organizational Structure. – The Ministry of Finance, and 18 Budget and Management shall consist of the Ministry Proper, Ministry Services and 19 Offices, and such other appropriate divisions or units as may be necessary. 20 21 22 Chapter 2 23 Ministry Proper 24 25 Sec. 5. Office of the Minister. – The Office of the Minister of Finance, 26 and Budget and Management consists of the Minister, the Deputy Minister, and the 27 immediate staff. 28 29 Sec. 6. Powers and Functions of the Minister. - The Minister shall be 30 vested with the following powers and functions: 31 32 a. Recommend to the Bangsamoro Cabinet policies and programs related to 33 Finance, and Budget and Management; 34 b. Administer the Ministry in accordance with law, relevant executive orders 35 and regulations issued by the Chief Minister; 36 c. Manage the implementation of Ministry programs, projects, and activities; 37 d. Establish policies and standards for the operation of the Ministry pursuant 38 to the approved programs of the Bangsamoro Government; 39 e. Promulgate rules and regulations necessary to carry out Ministry’s 40 objectives, policies, functions, plans, programs and projects; 41 f. Promulgate administrative issuances necessary for the efficient 42 administration of the Ministry, and for proper execution of the laws 43 relative thereto. These issuances shall not prescribe penalties for their 44 violation, except when expressly authorized by law; 45 g. Exercise disciplinary powers over officers and employees under the 46 Ministry in accordance with law enacted by the Bangsamoro Parliament, 47 including their investigation and the designation of a committee or officer 48 to conduct such investigation; 49 h. Appoint all officers and employees of the Ministry except those whose 50 appointments are specifically vested in the Chief Minister or in some other 51 appointing authority;

1 i. Exercise jurisdiction over all bureaus, offices, agencies and corporations 2 under the Ministry as are provided by law, and in accordance with the 3 applicable relationships; 4 j. Delegate authority to officers and employees under the Minister's direction 5 in accordance with this Code; and 6 k. Perform such other functions as may be provided by law. 7 8 Sec. 7. Powers and Functions of the Deputy Minister. - The Deputy 9 Minister shall perform the following powers and functions:

10 a. Assist the Minister in implementing the policies of the Ministry ; 11 b. Recommend policies for operations and program developments in the 12 Ministry; and 13 c. Perform such other functions as may be delegated by the Minister. 14 15 Sec. 8. The Bangsamoro Director General. – The Bangsamoro Director 16 General shall be the highest career official of the Ministry, with appropriate 17 eligibility. The Office of the Bangsamoro Director General shall be responsible for 18 overseeing the administration, programs and strategic plan of the ministry. The 19 Bangsamoro Director General shall be the direct supervisor of the Service Directors 20 of the Ministry. 21 22 23 Chapter 3 24 Structure of the Ministry 25 26 Sec. 9. Structure. - The Ministry of Finance, and Budget and Management 27 shall be supported by Services, Bureaus, Divisions, Sections, and Units, such as but 28 not limited to: Administrative and Finance; Technical; Operations; Legal; Field; 29 Internal Audit; and the likes. 30 31 32 Chapter 4 33 Bangsamoro Treasury Office

34 Sec. 10. Organizational Structure; Term of Office. – The 35 Bangsamoro Treasury Office shall be headed by a Bangsamoro Treasurer with a 36 salary grade of 28, assisted by a career Deputy Treasurer. 37 38 The Bangsamoro Treasurer shall be appointed by the Chief Minister for a fixed 39 term of six (6) years, subject to reappointment. In no case shall the Bangsamoro 40 Treasurer serve for more than two (2) consecutive terms. 41 42 Sec. 11. Qualifications. - No person shall be appointed to the position of 43 Bangsamoro Treasurer unless he or she possesses all of the following qualifications: 44 45 a. A resident and registered voter of the Bangsamoro Autonomous Region 46 in Muslim Mindanao; 47 b. At least thirty (30) years of age; 48 c. Must have at least five (5) years of relevant experience in accounting, 49 auditing, or financial management;

1 d. A bachelor’s degree holder in accountancy or relevant courses, and 2 preferably a Certified Public Accountant or a holder of Master’s in 3 Business Administration or Public Administration; and 4 e. Of proven honesty and integrity. 5 6 Sec. 12. Functions. – The Bangsamoro Treasury Office shall have the 7 following functions: 8 9 a. Receive and safeguard all the revenues generated and collected by the 10 Bangsamoro Government; 11 b. Act as principal custodian of financial assets and real properties of the 12 Bangsamoro Government; 13 c. Develop an investment strategy for investment of funds of the 14 Bangsamoro Government; 15 d. Manage the Bangsamoro Government’s investment program including 16 the monitoring and analyzing of financial market conditions; 17 e. Conduct short and long-term cash flow analysis; 18 f. Formulate annual projections of revenue needs, cash position and 19 borrowing capacity of the Bangsamoro Government; 20 g. Formulate and execute policies on financial management, public 21 borrowings and capital market development; 22 h. Assist in the management, control and servicing of public debts from 23 domestic or foreign sources; and 24 i. Perform such other appropriate functions as may be assigned law. 25 26 Sec. 13. Performance of Functions. – The Bangsamoro Treasurer shall, 27 at all times, act with the highest fiduciary standard in the performance of his/her 28 functions.

29 Sec. 14. Relation with Treasurers of Local Government Unit 30 (LGUs). – Relationship between the Bangsamoro Treasurer, the provincial, city, 31 municipal, or barangay treasurer shall be defined and executed in accordance 32 with the provisions of applicable laws, rules and regulations, and such 33 institutional arrangements as may be agreed upon by the Bangsamoro 34 Government and the National Government or their respective 35 instrumentalities.2 01 36 37 38 Chapter 5 39 Bangsamoro Finance Office 40 41 Sec. 15. Organizational Structure. – The Bangsamoro Finance Office 42 shall be headed by a Director III, who shall be appointed by the Chief Minister, and 43 shall be subject to the supervision and control of the Minister of Finance, and Budget 44 and Management. 45 46 Sec. 16. Functions. – The Bangsamoro Finance Office shall have the 47 following functions: 48

201 Sec. 10, Chapter 1, Title XVII of MMA Act No. 287

1 a. Formulate goals, action plans and strategies for the Bangsamoro 2 Government’s resource mobilization efforts; 3 b. Formulate, institutionalize and administer fiscal and tax policies for the 4 Bangsamoro Government; 5 c. Supervise, direct and manage the collection of Bangsamoro Government 6 revenues; 7 d. Review and coordinate policies, plans and programs of Government 8 Owned and Controlled Corporations (GOCCs) in the Bangsamoro 9 Autonomous Region; 10 e. Ensure the implementation of policies and measures on local revenue 11 administration; 12 f. Coordinate with other Ministries and Offices on matters concerning 13 fiscal and monetary policies, credit, economic development, 14 international finance, trade investment; 15 g. Formulate the overall resource application strategy to match the 16 Bangsamoro Government’s macro-economic policy; and 17 h. Prepare the expenditure plan, indicating the programming, 18 prioritization, and financing of capital investment and current operating 19 expenditure requirements of sectoral development plans.

20 21 Chapter 6 22 Bangsamoro Budget Office 23 24 Sec. 17. Organizational Structure. – The Bangsamoro Budget Office 25 shall be headed by a Director III, who shall be appointed by the Chief Minister, and 26 shall be subject to the supervision and control of the Minister of Finance, and Budget 27 and Management. 28 29 Sec. 18. Functions. - The Bangsamoro Budget Office shall have the 30 following functions: 31 32 a. Primarily responsible in the formulation of the annual budget of the 33 Bangsamoro Government; 34 b. Develops and administers standard accounting system essential to fiscal 35 management and control; 36 c. Conducts a continuing study of the bureaucracy and assesses as well as 37 makes policy recommendation on its role, size, composition, structure and 38 functions; 39 d. Establish rules and procedures for the management of government 40 organization resources, formulates standards of organizational program 41 performance, and undertakes services in work simplification or 42 streamlining of systems and procedures to improve efficiency and 43 effectiveness in government operations; 44 e. Conceptualizes and administers the government’s compensation and 45 position classification consistent with national standards; and 46 f. Perform such other powers and functions as may be assigned by the 47 Minister, or the Cabinet through the Minister of Finance, and Budget and 48 Management. 49

1 Chapter 7 2 Bangsamoro Revenue Office 3 4 Sec. 15. Organizational Structure. – The Bangsamoro Revenue Office 5 shall be headed by a Director III, who shall be appointed by the Chief Minister, and 6 shall be subject to the supervision and control of the Minister of Finance, and Budget 7 and Management. 8 9 Sec. 16. Functions. – The Bangsamoro Revenue Office shall have the 10 following functions: 11 12 a. Assess and collect all taxes, fees and charges and account for all revenues 13 collected; 14 b. Exercise duly delegated powers for the proper performance of its functions 15 and duties; 16 c. Formulate preventive measures for tax evasion and all other illegal 17 economic activities; 18 d. Exercise immediate supervision over its field units; and 19 e. Perform such other functions as may be assigned by the Minister or the 20 Cabinet through the Minister of Finance, and Budget and Management. 21 22 23 24 25

1 TITLE V 2 HEALTH 3 4 5 Chapter 1 6 General Provisions

7 Sec. 1. Declaration of Policies. - The Bangsamoro Government shall 8 adopt a policy on health that provides for a comprehensive and integrated health 9 service delivery for its constituents. It shall establish by law a general hospital system 10 to serve the health requirements of its people and ensure that the individual basic 11 right to life shall be attainable through the prompt intervention of excellent and 12 affordable medical services.

13 The Bangsamoro Government shall protect and promote the right to health of 14 the people and instill health consciousness among them. It shall also uphold the 15 peoples' right to have access to essential goods health, and other social services that 16 promote their well-being. 17 18 Sec. 2. Mandate. – The Ministry shall be primarily responsible for the 19 formulation, planning, implementation and coordination of policies and programs 20 for health. It shall promote, protect, preserve and restore the health of the people 21 through the provision and delivery of health services through regulation and 22 encouragement of providers of health goods and services. 23 24 Sec. 3. Powers and Functions. – The Ministry, in order to carry out its 25 mandate, shall: 26 27 a. Define the health policy and formulate and implement a Bangsamoro 28 health plan within the framework of the Bangsamoro government’s general 29 policies and plans, and present proposals to appropriate ministries on 30 Bangsamoro issues which have health implications; 31 b. Provide for health programs, services, facilities and other requirements as 32 may be needed; 33 c. Coordinate or collaborate with, assist local communities, agencies and 34 interested groups including international organizations in activities related 35 to health; 36 d. Administer all laws, rules and regulations in the field of health, including 37 quarantine laws and food and drug safety laws; 38 e. Collect, analyze and disseminate statistical and other relevant information 39 on the Bangsamoro health situation, and require the reporting of such 40 information from appropriate sources; 41 f. Propagate health information and educate the population on important 42 health, medical and environmental matters which have health 43 implications; 44 g. Undertake health and medical research and conduct training in support of 45 its priorities, programs and activities; 46 h. Regulate the operation and issue licenses and permits to government and 47 private hospitals, clinics and dispensaries, laboratories, blood banks, 48 drugstores and such other establishments which by the nature of their 49 functions are required to be regulated by the Ministry;

1 i. Issue orders and regulations concerning the implementation of established 2 health policies; 3 j. Formulate policies, guidelines, regulations as well as operating procedures 4 congruent to Islamic teachings on health and sanitation; 5 k. Exercise control and supervision over Provincial Health Offices within the 6 region, except in local government units where health services have been 7 previously devolved; and 8 l. Perform such other functions as may be provided by law. 9 10 Sec. 4. Organizational Structure. – The Ministry of Health shall consist 11 of the Ministry Proper, Ministry Services and Offices, and such other appropriate 12 divisions or units as may be necessary. 13 14 15 Chapter 2 16 Ministry Proper 17 18 Sec. 5. Office of the Minister. – The Office of the Minister of Health 19 consists of the Minister, the Deputy Minister, and the immediate staff. 20 21 Sec. 6. Powers and Functions of the Minister. - The Minister shall be 22 vested with the following powers and functions: 23 24 a. Recommend to the Bangsamoro Cabinet policies and programs related to 25 Health; 26 b. Administer the Ministry in accordance with law, relevant executive orders 27 and regulations issued by the Chief Minister; 28 c. Manage the implementation of Ministry programs, projects, and activities; 29 d. Establish policies and standards for the operation of the Ministry pursuant 30 to the approved programs of the Bangsamoro Government; 31 e. Promulgate rules and regulations necessary to carry out Ministry’s 32 objectives, policies, functions, plans, programs and projects; 33 f. Promulgate administrative issuances necessary for the efficient 34 administration of the Ministry, and for proper execution of the laws 35 relative thereto. These issuances shall not prescribe penalties for their 36 violation, except when expressly authorized by law; 37 g. Exercise disciplinary powers over officers and employees under the 38 Ministry in accordance with law enacted by the Bangsamoro Parliament, 39 including their investigation and the designation of a committee or officer 40 to conduct such investigation; 41 h. Appoint all officers and employees of the Ministry except those whose 42 appointments are specifically vested in the Chief Minister or in some other 43 appointing authority; 44 i. Exercise jurisdiction over all bureaus, offices, agencies and corporations 45 under the Ministry as are provided by law, and in accordance with the 46 applicable relationships; 47 j. Delegate authority to officers and employees under the Minister's direction 48 in accordance with this Code; and 49 k. Perform such other functions as may be provided by law. 50

1 Sec. 7. Powers and Functions of the Deputy Minister. - The Deputy 2 Minister shall perform the following powers and functions:

18 Sec. 9. Services and Offices. - The Ministry of Health’s Services and 19 Offices are, as follows: 20 21 (1) Administrative and Finance Services. The Administrative and Finance 22 Services shall be headed by a Director II. 23 24 Under the Administrative Services are the following: (a) Human Resource 25 Management Division; (b) General Services Division; (c) Records Div ision; 26 (d) Cash Division; (e) Accounting Division; (f) Budget Division; and (g) 27 Procurement and Supply Division. 28 29 Each division shall be headed by a Division Chief. 30 31 (2) Technical and Operations Services. The Technical and Operations 32 Services shall be headed by a Director II. 33 34 Under the Technical and Operations Services are the following: (a) Policy and 35 Planning Division; (b) Project Development and Monitoring Division; and (c) 36 Operations Division. 37 38 Each division shall be headed by a Division Chief. 39 40 (3) Legal Services. The Legal Services shall be headed by an Attorney VI. 41 42 Under the Legal Services are the following: (a) Legislative Liaison Division; 43 and (b) Public and Legal Assistance Division. 44 45 Each division shall be headed by a Division Chief. 46 47 (4) Internal Audit Office. The Internal Audit Office shall be headed by an 48 Internal Auditor V and shall directly report to the Minister of Health.

1 (5) Field Health Services. The Field Health Services shall be delivered through 2 the Integrated Provincial/City Health Offices.2 02

3 (6) Hospital Operations Services. – Hospital operations shall be 4 implemented by BARMM-retained hospitals.2 03

5 6 Chapter 4 7 Integrated Provincial Health Offices (IPHO) 8 and City Health Offices (CHO) 9 10 Provincial/city health offices, district health offices, district hospitals, 11 municipal hospitals, rural health units and barangay health stations in the 12 Bangsamoro Autonomous Region shall be governed by the following: 13 14 Sec. 10. Provincial/City Health Offices. - The Provincial/City Health 15 Office shall be the Ministry agency in the province/city. It shall exercise supervision 16 and control over district health offices and other field units of the ministry in the 17 province/city, except those otherwise placed under the Ministry Proper. 18 19 The said IPHO/CHO shall be headed by a Provincial/City Health Officer II 20 assisted by two Provincial/City Health Officer I, one for public health activities and 21 the other for hospital operations. The Provincial/City Health Officers and Assistant 22 Provincial/City Health Officers shall be appointed by the Chief Minister and their 23 deployment shall be made by the Minister of Health.2 04 24 25 Sec. 11. District Health Office. - The District Health Office shall exercise 26 administrative supervision and control over district hospitals, municipal hospitals, 27 rural health units, barangay health stations and all other Ministry units in the health 28 district, except those offices/units that are explicitly placed under the supervision 29 and control of either the BARMM Ministry of Health or Department of Health 30 (DOH) National, as the case may be. 31 32 The District Health Office shall be headed by a Chief of Hospital and shall also 33 serve as head of all field units in the district. The Chiefs of Hospital shall be 34 appointed by the Chief Minister and their deployment from district to district shall 35 be made by the Minister of Health.2 05 36 37 Sec. 12. Rural Health Centers. - The Ministry of Health shall review and 38 monitor the establishment, operation and maintenance of rural health centers, and 39 barangay health stations funded by local governments. Rural health units are headed 40 by rural health physicians to be appointed pursuant to existing laws. Proposals for 41 integrating locally funded health agencies under the supervision and control of the 42 Ministry without regard to the sourcing of funds shall be made by the Ministry for 43 the appropriate local government's approval. Any such agreement shall be allowed

202 See Sec. 9, Chapter 3, Title V of MMA Act 287 203 See Sec. 10, Chapter 3, Title V of MMA Act 287 204 See Sec. 11, Chapter 4, Title V of MMA Act 287 205 See Sec. 12, Chapter 4, Title V of MMA Act 287

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1 and, whenever possible, funding from national sources may be extended, subject to 2 Intergovernmental Relations mechanisms.2 06 3 4 5 Chapter 5 6 Hospital Services 7 8 Sec. 13. Hospitals. - Hospitals shall be the principal implementers of 9 appropriate curative services. They shall be the institutions that will develop an 10 effective network of facilities which are available, accessible, acceptable and 11 affordable.2 07 12 13 Sec. 14. Classification of Hospitals. - Hospitals shall be classified 14 according to: 15 16 (1) Nature of Ownership 17 18 a. Government Hospitals – these are hospitals operated and maintained 19 partially or wholly by the national, provincial, city or municipal 20 government or their political unit, or by any department , board or 21 agency thereof; and 22 b. Private Hospitals – these are privately owned established and operated 23 with funds through donations, principal investments or other means by 24 any individuals or corporation or associations.

25 (2) Kinds of Services 26 27 a. General Hospitals – provide services to all types of deformities, 28 diseases, illness or injuries; and 29 b. Specialty Hospitals – primarily engaged in the provision of specific area 30 of specialties such as: kidney, heart, lungs, etc. 31 32 (3) Hospital Service Capability is likewise classified according to their 33 service capability as follows:

34 (3.1) First Level Referral Hospitals 35 36 a. Non-departmentalized hospitals which provides clinical care and 37 management on the prevalent diseases in the locality; 38 b. Clinical services which includes general medicine, pediatrics 39 obstetrics and gynecology, surgery and anesthesia; 40 c. Provision for appropriate administrative and ancillary services 41 (clinical laboratory, radiology, and pharmacy); and

206 Derived from Sec. 13, Chapter 4, Title V of MMA Act 287 207 See Sec. 14, Chapter 5, Title V of MMA Act 287

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1 d. Provision for nursing care for patients who require intermediate, 2 moderate and partial category of supervised care for 24 hours or 3 longer.

4 (3.2) Second Level Referral Hospital 5 6 a. Departmentalized hospitals which provide clinical care and 7 management on the prevalent diseases in the locality as well as 8 particular forms of treatment, surgical procedure and intensive 9 care; 10 b. Clinical services as provided in the first Level referral hospital as 11 well as specialty clinical care; 12 c. Provision for appropriate administrative and ancillary services 13 (clinical laboratory, radiology, pharmacy); and 14 d. Nursing care as provided in the first level referral hospital as 15 well as total and intensive care.

16 (3.3) Third Level Referral Hospital 17 18 a. Teaching and training hospitals which provide clinical care and 19 management on the prevalent diseases in the locality as well as 20 specialized and sub specialized forms of treatment, surgical and 21 intensive care; 22 b. Clinical services provided in the second level referral hospital as 23 well as sub specialty clinical care; 24 c. Provision for appropriate administrative and ancillary services 25 (clinical laboratory, radiology, pharmacy); 26 d. Nursing care as well as continuous and highly specialized care; 27 e. Infirmaries are health facilities which provide emergency 28 treatment and limited care (confinement of not less than 24 29 hours but not 72 hours) for the sick and injured, as well as 30 clinical care and management of normal delivery cases; 31 f. Birthing homes are health facilities which provide consultative 32 medical nursing on prenatal and post-natal normal and 33 spontaneous delivery and care of newborn babies; and 34 g. Psychiatric care facilities are health facilities which provide 35 consultative medical nursing pharmacology and psychosocial 36 treatment for mentally-challenged patients.2 08

37 Sec. 15. Hospital General Services. - All hospitals shall provide among 38 others services such as: 39 40 (1) Emergency Care Services which shall be managed by a competent 41 personnel with adequate equipment to attend to critical patients 24 42 hours;

208 See Sec. 16, Chapter 5, Title V of MMA Act 287

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1 (2) Admission Care Services which shall be responsible for admitting 2 and providing initial care in hospital whenever appropriate; 3 (3) Ward Services which shall provide quality care for all admitted 4 patients in the hospital to include ward work, nursing round, doctors 5 round, endorsement, medication, treatment, general grand round, 6 recording/reporting, nursing care, mortality/morbidity conferences and 7 discharges; and 8 (4) Out-Patient Department Services which shall provide ambulatory 9 care services and other hospital-based preventive health care services.2 09

10 11 Chapter 6 12 Program Units and Offices 13 14 Sec. 16. Integrated Maternal and Child Health Care and Nutrition 15 Unit. - The Integrated Maternal and Child Health and Nutrition Unit shall formulate 16 plans, policies, programs, standards and techniques relative to maternal and child 17 health; provide consultative training and advisory services to implementing agencies; 18 and conduct studies and research related to health services for mothers and children 19 related to family planning in the context of health and family welfare; provide 20 consultative, training and advisory services to implementing agencies; and conduct 21 studies and research related to family planning as well as nutrition services in the 22 context of primary health care; provide consultative, training and advisory services to 23 implementing agencies; and conduct studies and research related to nutrition.2 1 0 24 25 Sec. 17. Environmental, Sanitation and Occupational Health Unit. 26 - The Environmental, Sanitation and Occupational Health Unit shall formulate plans, 27 policies, programs, standards and techniques relative to environmental health and 28 sanitation; provide consultative, training and advisory services to implementing 29 agencies; conduct studies and research related to environmental health, as well as 30 regulations on occupational standards for industries and manufacturing companies 31 to ensure that establishments, institutions, and facilities promote the health and 32 welfare of their workers through healthy conducive safe workplace in consonance 33 with the provisions of “Industrial Hygiene and Occupational Toxicology” of the Code 34 of Sanitation of the Philippines (Presidential Decree 856) and its implementing rules 35 and regulations.2 1 1 36 37 Sec. 18. Dental Health Unit. – The Dental Health Unit shall formulate 38 plans, policies, programs, standards and techniques relative to dental health services; 39 provide consultative, training and advisory services to implementing agencies; and 40 conduct studies and research related to dental services.2 1 2 41 42 Sec. 19. Infectious Disease Control Unit. - The Infectious Disease 43 Control Unit shall formulate plans, policies, programs, standards and techniques 44 relative to the control of communicable diseases, specifically on the major causes or

209 See Sec. 17, Chapter 5, Title V of MMA Act 287 210 Derived from Sec. 18, Chapter 6, Title V of MMA Act 287 211 Derived from Sec. 19, Chapter 6, Title V of MMA Act 287 212 See Sec. 20, Chapter 6, Title V of MMA Act 287

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1 mortality and morbidity, such as leprosy, sexually transmitted infections, filariasis 2 tuberculosis, schistosomiasis, soil transmitted diseases, dengue, malaria including 3 emerging diseases like meningococcimia, SARS, Avian Influenza, Corona Virus 4 Disease and other infectious diseases ; provide consultative, training and advisory 5 services to implementing agencies; and conduct studies and research related to these 6 other communicable diseases.2 1 3 7 8 Sec. 20. Chronic Disease Control Unit. - The Chronic Disease Control 9 Unit shall formulate plans, policies, programs, standards and techniques relative to 10 the control of non-communicable diseases; provide consultative, training and 11 advisory services to implementing agencies; and conduct studies and research 12 related to cardiovascular-diseases, cancer, other non-communicable diseases.2 1 4 13 14 Sec. 21. Hospital Operations, Maintenance and Management Unit. 15 - The Hospital Operations and Management Unit shall formulate and implement 16 plans, programs, policies, standards and techniques related to management 17 improvement and quality control of hospital operations; provide consultative, 18 training and advisory services to field offices in relation to the superv ision and 19 management of hospital components; and conduct studies and research related to 20 hospital operations and management. 21 22 The unit shall also formulate and implement plans, programs, policies, 23 standards and techniques related to assuring the proper maintenance of Ministry 24 equipment; provide consultative, training and advisory services to implementing 25 agencies in relation to preservation, repair and maintenance of medical and non- 26 medical equipment of the Ministry; and conduct studies and research related to 27 equipment and facility maintenance.2 1 5 28 29 Sec. 22. Regional Unified Planning Management Unit. – The 30 Regional Unified Planning Management Unit shall formulate and implement plans, 31 policies, programs, standards and techniques related to development and 32 preservation of health infrastructure; health programs assessment and evaluation, 33 provide consultative, training and advisory services to implementing agencies in 34 relation to health program implementation and infrastructure projects to assure 35 economical and efficient implementation; and conduct studies and research related 36 to infrastructure development, utilization and sustainability.2 1 6 37 38 Sec. 23. Licensing, Regulation, Research and Development Unit. – 39 The Licensing, Regulation, Research and Development Unit shall develop and 40 formulate plans, standards and policies for the establishment and accreditation and 41 licensing of hospitals, clinics, allied health facilities, lying-in, pharmacies, 42 laboratories; blood banks and entities handling biological products; provide 43 consultative, training and advisory services to public and private laboratories; and 44 conduct studies and research related to laboratory procedures and operations; 45 establish standards that shall be the basis of inspections and licensure procedures of 46 the Ministry's field offices; and provide consultative, training and advisory services to

213 Derived from Sec. 21, Chapter 6, Title V of MMA Act 287 214 Derived from Sec. 22, Chapter 6, Title V of MMA Act 287 215 See Sec. 23, Chapter 6, Title V of MMA Act 287 216 See Sec. 24, Chapter 6, Title V of MMA Act 287

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1 field offices on the conduct of licensing and regulatory functions over hospitals, 2 clinics and other health facilities.2 1 7 3 4 Sec. 24. Food and Drugs Regulation Unit. – The Food and Drugs 5 Regulations Unit shall act as the policy formulation and sector monitoring arm of the 6 Ministry on matters pertaining to foods, drugs, traditional medicines, cosmetics and 7 household products containing hazardous substances, and the formulation of rules, 8 regulations and standards as provided for in Republic Act 3720 (1963), as amended 9 by Executive Order No. 175, s. 1987, and other pertinent laws for their proper 10 enforcement; prescribe general standards and guidelines with respect to the veracity 11 of nutritional and medicinal claims in the advertisement of food, drugs and 12 cosmetics in the various media; monitor such advertisements; advise the Ministry's 13 field offices to call upon any erring manufacturer, distributor, or advertiser to desist 14 from such inaccurate or misleading nutritional or medicinal claims in their 15 advertising. 16 17 Should such manufacturer, distributor, or advertiser refuse or fail to obey the 18 desistance order issued by the Ministry through the recommendation of this unit 19 he/she shall be subject to the applicable penalties as may be prescribed by law and 20 regulations. 21 22 The Unit shall provide consultative, training and advisory services to all 23 agencies and organizations involved in food and drug manufacturing and 24 distribution with respect to assuring safety and efficacy of food and drugs; conduct 25 studies and research related to food and drug safety; maintain a corps of specially - 26 trained food and drugs inspectors for assignment to the various field offices of the 27 Ministry. While these inspectors shall be under the technical supervision and 28 guidance of the unit, they shall be under the administrative supervision of the head 29 of the field office to which they shall be assigned, the latter being responsible for 30 regulatory program implementation within the geographic area of his/her 31 jurisdiction. 32 33 The Unit shall coordinate and work hand in hand with BARMM Halal 34 Accreditation Board in the effective implementation of Halal laws in the Bangsamoro 35 Autonomous Region and for other purposes.2 1 8 36 37 38 Chapter 7 39 Epidemiology, Surveillance and Health Emergency Management 40 41 Sec. 25. Health Emergency Management. - The Ministry of Health will 42 provide plans and policies that will reduce the impact of calamity in time of 43 disasters.2 1 9 44 45 Sec. 26. Epidemiology and Surveillance. - The department shall set 46 priority plans and programs, and take actions to protect public health through timely

217 See Sec. 25, Chapter 6, Title V of MMA Act 287 218 Derived from Sec. 26, Chapter 6, Title V of MMA Act 287 219 Sec. 30, Chapter 8, Title V of MMA Act 287

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1 reporting and response as well as analysis on the basis of epidemiological survey and 2 result of health surveillance in accordance with existing laws.220 3 Chapter 8 4 Other Programs and Services 5 6 Sec. 27. Medical/ Surgical/ Dental Out-Reach Program. - The 7 Bangsamoro Government, through the Ministry of Health, shall institutionalize 8 medical, surgical and dental outreach programs for the people in the remote and 9 depressed areas, and those areas affected by natural and man-made calamities.221 10 11 Sec. 28. Emerging and Re-Emerging Diseases Program. - The 12 Bangsamoro Government, through the Ministry of Health, shall formulate an 13 Integrated Preparedness and Response Plan to combat, avert, and/or minimize the 14 overall impact of Avian Influenza, Severe Acute Respiratory Syndrome, 15 Meningococcemia, and Corona Virus Disease.222 16 17 Sec. 29. Partnership for Community Health Development. - The 18 Bangsamoro Government, through the Ministry of Health, in partnership with local 19 government units, shall educate and empower the people in the community towards 20 self-reliance for the betterment of their health and well-being.223 21 22 23 24 25

220 Sec. 31, Chapter 8, Title V of MMA Act 287 221 Sec. 32, Chapter 9, Title V of MMA Act 287 222 Sec. 33, Chapter 9, Title V of MMA Act 287 223 Sec. 34, Chapter 9, Title V of MMA Act 287

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1 TITLE VI 2 HUMAN SETTLEMENTS AND DEVELOPMENT 3 4 5 Chapter 1 6 General Provisions 7 8 Sec. 1. Declaration of Policies. – The Bangsamoro Government shall 9 address the lack of shelters, settlements, and livelihood for the disadvantaged and 10 homeless, especially those victims of conflicts and atrocities, pursuant to Section 9, 11 Article IX of the Bangsamoro Organic Law. 12 13 The Bangsamoro Government shall, by law and for the common good, 14 undertake, in cooperation with the private sector, a continuing program on housing 15 and urban development which shall make available at affordable cost, decent 16 housing and basic services to underprivileged and homeless citizens in urban centers 17 and resettlement areas. It shall also promote adequate employment opportunities to 18 such citizens. In the implementation of the program, the Bangsamoro Government 19 shall respect the rights of small property owners. 20 21 Sec. 2. Mandate. – The Ministry of Human Settlements and Development 22 shall act as the primary agency for the management of housing, human settlement, 23 and urban development in the Bangsamoro Autonomous Region. It shall be the 24 main planning and policy-making, regulatory, program coordination, and 25 performance monitoring entity for all housing, human settlements, and urban 26 development concerns. It shall develop and adopt a regional strategy to immediately 27 address the provision of adequate and affordable housing to all inhabitants in the 28 Bangsamoro Autonomous Region. 29 30 Sec. 3. Powers and Functions. – The Ministry shall have the following 31 powers and functions: 32 33 a. Develop and implement comprehensive and integrated housing, human 34 settlements, and urban economic development plans and programs for the 35 Bangsamoro people in close coordination with LGUs; 36 b. Institute mechanisms for the proper management of the growth and 37 development of urban communities through close coordination and strong 38 linkages between and among relevant ministries and offices; 39 c. Coordinate and monitor urban economic development undertakings of the 40 Ministry; 41 d. Manage and oversee the development of proclaimed socialized and 42 economic housing sites, including the use of these land assets as resource 43 mobilization strategy to raise alternative resources in developing new 44 housing projects and efficient financing programs;224 45 e. Enter into contracts, joint venture agreements or understanding, public- 46 private partnerships, and memoranda of agreement or understanding, 47 either domestic or foreign, under such terms and conditions as the 48 Ministry may deem proper and reasonable, subject to existing laws and 49 approval of the Cabinet;

224 Sec. 5 (III)(b), Chapter III, Republic Act No. 11201

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1 f. Receive, take and hold by bequest, device, gift, purchase or lease, either 2 absolutely or in trust for any of the purposes from foreign and domestic 3 sources any asset, grant or property, real or personal, subject to such 4 limitations provided under existing laws and regulations; 5 g. Implement a single regulatory system that shall govern all activities 6 relative to the planning, production, marketing, and management of 7 socialized housing and urban development projects;225 8 h. Determine, fix and collect reasonable amounts to be charged as fees and 9 charges necessary for the effective implementation of all laws, rules and 10 regulations enforced by the Ministry and impose reasonable fines and 11 penalties for violation thereof; 12 i. Recommend new legislation and amendments to existing laws as may be 13 necessary for the attainment of Bangsamoro Government’s objectives on 14 housing; 15 j. Promote, accredit and regulate the use of indigenous materials and 16 technologies in the housing construction; 17 k. Open roads of subdivisions to the public when the general welfare requries 18 it upon consultation with stakeholders; and 19 l. Perform such other functions as may be necessary to fulfill its mandate or 20 as may be assigned by the Cabinet or Parliament. 21 22 Sec. 4. Organizational Structure. – The Ministry of Human Settlements 23 and Development shall consist of the Ministry Proper, Ministry Services and Offices, 24 and such other appropriate divisions or units as may be necessary. 25 26 27 Chapter 2 28 Ministry Proper 29 30 Sec. 5. Office of the Minister. – The Office of the Minister of Human 31 Settlements and Development consists of the Minister, the Deputy Minister, and the 32 immediate staff. 33 34 Sec. 6. Powers and Functions of the Minister. - The Minister shall be 35 vested with the following powers and functions: 36 37 a. Recommend to the Bangsamoro Cabinet policies and programs related to 38 Human Settlements and Development; 39 b. Administer the Ministry in accordance with law, relevant executive orders 40 and regulations issued by the Chief Minister; 41 c. Manage the implementation of Ministry programs, projects, and activities; 42 d. Establish policies and standards for the operation of the Ministry pursuant 43 to the approved programs of the Bangsamoro Government; 44 e. Promulgate rules and regulations necessary to carry out Ministry’s 45 objectives, policies, functions, plans, programs and projects; 46 f. Promulgate administrative issuances necessary for the efficient 47 administration of the Ministry, and for proper execution of the laws 48 relative thereto. These issuances shall not prescribe penalties for their 49 violation, except when expressly authorized by law;

225 Sec. 5 (III)(c), Chapter III, Republic Act No. 11201

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1 g. Exercise disciplinary powers over officers and employees under the 2 Ministry in accordance with law enacted by the Bangsamoro Parliament, 3 including their investigation and the designation of a committee or officer 4 to conduct such investigation; 5 h. Appoint all officers and employees of the Ministry except those whose 6 appointments are specifically vested in the Chief Minister or in some other 7 appointing authority; 8 i. Exercise jurisdiction over all bureaus, offices, agencies and corporations 9 under the Ministry as are provided by law, and in accordance with the 10 applicable relationships; 11 j. Delegate authority to officers and employees under the Minister's direction 12 in accordance with this Code; and 13 k. Perform such other functions as may be provided by law. 14 15 Sec. 7. Powers and Functions of the Deputy Minister. - The Deputy 16 Minister shall perform the following powers and functions:

17 a. Assist the Minister in implementing the policies of the Ministry; 18 b. Recommend policies for operations and program developments in the 19 Ministry; and 20 c. Perform such other functions as may be delegated by the Minister. 21 22 Sec. 8. The Bangsamoro Director-General. – The Bangsamoro 23 Director-General shall be the highest career official of the Ministry, with appropriate 24 eligibility. The Office of the Bangsamoro Director General shall be responsible for 25 overseeing the administration, programs and strategic plan of the ministry. The 26 Bangsamoro Director General shall be the direct supervisor of the Service Directors 27 of the Ministry. 28 29 30 Chapter 3 31 Structure of the Ministry 32 33 Sec. 9. Structure. - The Ministry of Human Settlements and Development 34 shall be supported by Services, Bureaus, Divisions, Sections, and Units, such as but 35 not limited to: Administrative and Finance; Technical; Operations; Legal; Field; 36 Internal Audit Office, and the likes. 37 38 39 Chapter 4 40 Field Offices 41 42 Sec. 10. Provincial Human Settlements and Development Offices. 43 – The Field Offices of the Ministry are the Provincial Human Settlements and 44 Development Offices in every province and one Special Geographic Areas Office for 45 the 63 Barangays from North Cotabato. 46 47 Sec. 11. Functions of the Field Offices. – The Provincial Human 48 Settlements and Development office shall assist the Ministry in the management of 49 housing, human settlements, and urban development in their respective areas of

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1 jurisdiction. It shall also implement at the provincial level the plans, programs and 2 policies of the Ministry in the field. 3 4 Sec. 12. Authority of the Ministry Proper over Field Offices. – 5 The Minister shall exercise technical and administrative control and supervision over 6 Field Offices within the Bangsamoro Autonomous Region and such other powers 7 necessary, appropriate or incidental in carrying out the implementation of human 8 settlements and development programs and projects in their respective area. 9 10

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1 TITLE VII 2 INDIGENOUS PEOPLES’ AFFAIRS 3 4 5 Chapter 1 6 General Provisions 7 8 Sec. 1. Declaration of Policies. - It is the policy of the Bangsamoro 9 Government: 10 11 a. To recognize, respect, protect, promote, and support the rights of the IPs 12 within the framework of the Constitution and national unity and 13 development; 14 b. To recognize the inherent right of the IPs to self-governance and self- 15 determination, and to respect the integrity of their values, practices, and 16 institutions; 17 c. To guarantee the rights of IPs to freely pursue their economic, social, and 18 cultural development. Further, the Bangsamoro Government shall 19 consequently establish the means for the full development and 20 empowerment of the IPs’ own institutions and initiatives and, where 21 necessary, provide resources, therefore, respecting their native titles; 22 d. To ensure that the IPs have the freedom to retain their distinct indigenous 23 and ethnic identity, in addition to their Bangsamoro political identity. 24 There shall be no discrimination on the basis of identity, religion, and 25 ethnicity; 26 e. To protect the rights of the IPs to their ancestral domains and to ensure 27 their economic, social and cultural well-being; 28 f. To recognize the applicability of customary laws governing property rights 29 or relations in determining the ownership and extent of ancestral domains; 30 g. To recognize, respect, protect, promote, and support the rights of IPs to 31 preserve and develop their cultures, traditions, and institutions. The 32 Bangsamoro Government shall uphold these rights in the formulation of 33 its regional plans and policies; 34 h. To ensure the development, protection, and well-being of all IPs within the 35 Bangsamoro Autonomous Region; 36 i. To guarantee that members of the IPs, regardless of sex and gender, shall 37 equally enjoy the full measure of human rights and freedoms without 38 discrimination; and 39 j. To take measures, with the participation of the IPs concerned, to protect 40 their rights, guarantee respect for their cultural integrity, and ensure that 41 IPs shall benefit from the rights and opportunities which the Bangsamoro 42 laws and regulations grant to other members of the population. 43 44 Sec. 2. Mandate. - The Ministry of Indigenous Peoples’ Affairs is mandated 45 to protect, promote, and preserve the interest and well-being of Indigenous Peoples 46 (IPs) within the Bangsamoro Autonomous Region with due regard to their beliefs, 47 customs, traditions, and institutions. 48 49 The Ministry serves as the primary agency responsible for the formulation and 50 implementation of policies, plans, and programs to promote the well-being of all

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1 indigenous peoples in the Bangsamoro Autonomous Region in recognition of their 2 ancestral domain as well as their rights thereto.226 3 4 Sec. 3. Powers and Functions. - The Ministry of Indigenous Peoples 5 Affairs shall have the following powers and functions: 6 7 a. Serves as the primary ministry of the Bangsamoro Government to assist 8 IPs in the Bangsamoro Autonomous Region; 9 b. Review and assess the conditions of IPs, including existing laws and 10 policies pertinent thereto, and to propose relevant laws and policies for 11 their welfare; 12 c. Issue Certificate of Ancestral Domain Titles (CADT) to IPs in the 13 Bangsamoro Autonomous Region and register such CADTs in the 14 appropriate Register of Deeds, as may be provided by law passed by the 15 Bangsamoro Parliament; 16 d. Formulate and implement policies, plans, programs, and projects for the 17 economic, social, and cultural development, as well as the legal protection 18 of the IPs and monitor the implementation thereof; 19 e. Request and engage the services and support of experts from other 20 agencies of government or employ private experts and consultants as may 21 be required in the pursuit of its objectives; 22 f. Negotiate for funds and to accept grants, donations, gifts and/or properties 23 in whatever form and from whatever source (local, national and 24 international), subject to the approval of the Bangsamoro Government, for 25 the benefit of IPs; and administer the same in accordance with the terms 26 thereof, or in the absence of any condition, in such manner consistent with 27 the interest of IPs and existing laws, as may be provided by law passed by 28 the Bangsamoro Parliament; 29 g. Coordinate development programs and projects for the advancement of 30 the IPs and oversee the proper implementation thereof in coordination 31 with other agencies, government or private if so required; 32 h. Convene periodic conventions, congresses, summits or assemblies of IPs to 33 review, assess, and propose policies or plans; 34 i. Issue Certificates of Accreditation and Certificates of Dissolution of 35 marriages contracted and solemnized in accordance with the customs, 36 culture, and tradition of IPs in the celebration and solemnization of 37 marriages, as may be provided by law passed Parliament; 38 j. Perform such other related functions as may be provided by law. 39 40 Sec. 4. Organizational Structure. - The Ministry of Indigenous Peoples’ 41 Affairs shall consist of the Ministry Proper and the Ministry Services and Offices, and 42 such other appropriate divisions or units as may be necessary . 43 44 45 Chapter 2 46 Ministry Proper 47

226 Derived from Sec. 3, Art. IX, BOL

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1 Sec. 5. Office of the Minister. – The Office of the Minister of Indigenous 2 Peoples’ Affairs consists of the Minister, the Deputy Minister, and the immediate 3 staff. 4 5 Sec. 6. Powers and Functions of the Minister. - The Minister shall be 6 vested with the following powers and functions: 7 8 a. Recommend to the Bangsamoro Cabinet policies and programs related to 9 Indigenous Peoples’ Affairs; 10 b. Administer the Ministry in accordance with law, relevant executive orders 11 and regulations issued by the Chief Minister; 12 c. Manage the implementation of Ministry programs, projects, and activities; 13 d. Establish policies and standards for the operation of the Ministry pursuant 14 to the approved programs of the Bangsamoro Government; 15 e. Promulgate rules and regulations necessary to carry out Ministry’s 16 objectives, policies, functions, plans, programs and projects; 17 f. Promulgate administrative issuances necessary for the efficient 18 administration of the Ministry, and for proper execution of the laws 19 relative thereto. These issuances shall not prescribe penalties for their 20 violation, except when expressly authorized by law; 21 g. Exercise disciplinary powers over officers and employees under the 22 Ministry in accordance with law enacted by the Bangsamoro Parliament, 23 including their investigation and the designation of a committee or officer 24 to conduct such investigation; 25 h. Appoint all officers and employees of the Ministry except those whose 26 appointments are specifically vested in the Chief Minister or in some other 27 appointing authority; 28 i. Exercise jurisdiction over all bureaus, offices, agencies and corporations 29 under the Ministry as are provided by law, and in accordance with the 30 applicable relationships; 31 j. Delegate authority to officers and employees under the Minister's direction 32 in accordance with this Code; and 33 k. Perform such other functions as may be provided by law. 34 35 Sec. 7. Powers and Functions of the Deputy Minister. - The Deputy 36 Minister shall perform the following powers and functions:

37 a. Assist the Minister in implementing the policies of the Ministry; 38 b. Recommend policies for operations and program developments in the 39 Ministry; and 40 c. Perform such other functions as may be delegated by the Minister. 41 42 Sec. 8. The Bangsamoro Director-General. – The Bangsamoro 43 Director=General shall be the highest career official of the Ministry, with appropriate 44 eligibility. The Office of the Bangsamoro Director-General shall be responsible for 45 overseeing the administration, programs and strategic plan of the ministry. He/she 46 shall be the direct supervisor of the Service Directors of the Ministry. 47 48 49 Chapter 3 50 Structure of the Ministry

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1 2 Sec. 9. Structure. - The Ministry of Indigenous Peoples’ Affairs shall be 3 supported by Services, Bureaus, Divisions, Sections, and Units, such as but not 4 limited to: Administrative and Finance; Technical; Operations; Legal; Field; Internal 5 Audit Office, and the likes. 6 7 Sec. 10. Office for Ancestral Domains/Native Title. – Subject to the 8 enactment of an Indigenous Peoples’ Code, the Office for Ancestral Domains/Native 9 Title, headed by a Director II, shall have the following functions: 10 11 a. Receive information on and assess the economic, social, and cultural needs 12 of Indigenous Peoples in the Bangsamoro Autonomous Region; 13 b. Recommend to Minister projects and activities for the promotion of the 14 welfare of Indigenous Peoples related to ancestral domains and native 15 titling in the Bangsamoro Autonomous Region; 16 c. Undertake projects and activities in coordination with the appropriate 17 ministry, office, or agency, including the Bangsamoro Satellite 18 Coordinating Offices; and 19 b. Perform such other functions as may be directed by the Minister or other 20 proper authorities. 21 22 Sec. 11. Special Public Assistance and Legal Aid Office. - There shall 23 be a Special Public Assistance and Legal Aid Office that will provide legal assistance 24 on matters concerning IPs. The Office shall be headed by an Attorney V and assisted 25 by immediate staff. 26 27 The Special Public Assistance and Legal Aid Office shall have the following 28 functions: 29 30 a. Provide free legal assistance to indigent IP litigants with cases before 31 administrative bodies or the regular courts; 32 b. Prepare and file petitions, complaints and/or responsive pleadings, and 33 represent indigent IP defendants in ordinary civil actions before the 34 regular courts; 35 c. Prepare and file responsive pleadings and represent indigent IP 36 defendants/respondents in special proceedings before the regular Courts; 37 d. Prepare affidavits and represent IP indigents in any stage of criminal 38 proceedings before the regular Courts; and 39 e. Perform such other functions as may be assigned by higher authorities. 40 41 Sec. 12. Community Service Center. - Community Service Centers shall 42 be established in municipalities where IPs are of significant number or cluster of 43 municipalities where IPs are residing in a community. The Community Service 44 Centers shall be headed by a Division Chief. 45 46 47

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1 TITLE VIII 2 INTERIOR AND LOCAL GOVERNMENT 3 4 5 Chapter 1 6 General Provisions 7 8 Sec. 1. Declaration of Policies. – The Bangsamoro Government shall 9 ensure the autonomy of its constituent local governments units. For this purpose, it 10 shall provide for a more responsive and accountable local government structure 11 instituted through a system of decentralization. The allocation of powers and 12 resources to local government units shall be promoted, and inter-local government 13 grouping, consolidation and coordination of resources shall be encouraged. 14 15 The Bangsamoro Government shall guarantee the local government units, in 16 addition to their regular share from the national taxes, have their just share from 17 regional taxes and equitable share in proceeds from the use of natural resources227, 18 and afford them wider latitude for resources generation. 19 20 Sec. 2. Mandate. – The Ministry of the Interior and Local Government shall 21 exercise general supervision over the constituent local governments units of the 22 Bangsamoro Government,228 and ensure public safety and disaster preparedness229, 23 local autonomy, decentralization, and community empowerment. 24 25 Sec. 3. Powers and Functions. – The Ministry of the Interior and Local 26 Government shall have the following powers and functions: 27 28 a. Advise the Chief Minister on the Government of the Day’s policies, rules, 29 regulations and other issuances relative to the general supervision of local 30 government units; 31 b. Establish and prescribe rules, regulation and other issuances 32 implementing laws on general supervision of local governments units and 33 on the promotion of local autonomy and monitor compliance thereof by 34 the said units; 35 c. Provide technical assistance in the preparation of regional legislation 36 affecting local governments units; 37 d. Establish and prescribe plans, policies, programs and projects to 38 strengthen the administrative, technical and fiscal capabilities of local 39 government offices and personnel; 40 e. Implement plans, policies, programs and project to promote public order 41 and safety and disaster preparedness within the Bangsamoro Autonomous 42 Region in Muslim Mindanao; 43 f. Formulate plans, policies and programs which will meet regional and local 44 emergencies arising from natural and man-made calamities;

227 Section 35, Article XII of RA 11054. 228 Section 10, Article VI of RA 11054. 229 Bangsamoro Transition Plan 2019-2022.

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1 g. Enforce its disciplinary authority over elective officials in accordance with 2 the Bangsamoro Local Governance Code to be enacted by the 3 Parliament2 3 0; and 4 h. Perform other functions as maybe provided by law. 5 6 Sec. 4. Organizational Structure. – The Ministry the Interior and Local 7 Government shall consist of the Ministry Proper, Ministry Services and Offices, and 8 such other appropriate divisions or units as may be necessary. 9 10 11 Chapter 2 12 Ministry Proper 13 14 Sec. 5. Office of the Minister. – The Office of the Minister of the Interior 15 and Local Government consists of the Minister, the Deputy Minister, and the 16 immediate staff. 17 18 Sec. 6. Powers and Functions of the Minister. - The Minister shall be 19 vested with the following powers and functions: 20 21 a. Recommend to the Bangsamoro Cabinet policies and programs related to 22 the Interior and Local Government; 23 b. Administer the Ministry in accordance with law, relevant executive orders 24 and regulations issued by the Chief Minister; 25 c. Manage the implementation of Ministry programs, projects, and activities; 26 d. Establish policies and standards for the operation of the Ministry pursuant 27 to the approved programs of the Bangsamoro Government; 28 e. Promulgate rules and regulations necessary to carry out Ministry’s 29 objectives, policies, functions, plans, programs and projects; 30 f. Promulgate administrative issuances necessary for the efficient 31 administration of the Ministry, and for proper execution of the laws 32 relative thereto. These issuances shall not prescribe penalties for their 33 violation, except when expressly authorized by law; 34 g. Exercise disciplinary powers over officers and employees under the 35 Ministry in accordance with law enacted by the Bangsamoro Parliament, 36 including their investigation and the designation of a committee or officer 37 to conduct such investigation; 38 h. Appoint all officers and employees of the Ministry except those whose 39 appointments are specifically vested in the Chief Minister or in some other 40 appointing authority; 41 i. Exercise jurisdiction over all bureaus, offices, agencies and corporations 42 under the Ministry as are provided by law, and in accordance with the 43 applicable relationships; 44 j. Delegate authority to officers and employees under the Minister's direction 45 in accordance with this Code; and 46 k. Perform such other functions as may be provided by law. 47 48 Sec. 7. Powers and Functions of the Deputy Minister. - The Deputy 49 Minister shall perform the following powers and functions:

230 Proposed Bangsamoro LGC includes disciplinary power of local officials.

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1 a. Assist the Minister in implementing the policies of the Ministry; 2 b. Recommend policies for operations and program developments in the 3 Ministry; and 4 c. Perform such other functions as may be delegated by the Minister. 5 6 Sec. 8. The Bangsamoro Director-General. – The Bangsamoro 7 Director-General shall be the highest career official of the Ministry, with appropriate 8 eligibility. The Office of the Bangsamoro Director-General shall be responsible for 9 overseeing the administration, programs and strategic plan of the ministry. He/she 10 shall be the direct supervisor of the Service Directors of the Ministry. 11 12 13 Chapter 3 14 Structure of the Ministry 15 16 Sec. 9. Services and Offices. - The Ministry of the Interior and Local 17 Government’s Services and Offices are, as follows: 18 19 (1) Administrative and Finance Services. The Administrative and Finance 20 Services shall be headed by a Director II . 21 22 Under the Administrative Services are the following: (a) Human Resource 23 Management Division; (b) General Services Division; (c) Records Division; 24 (d) Cash Division; (e) Accounting Division; (f) Budget Division; and (g) 25 Procurement and Supply Division. 26 27 Each division shall be headed by a Division Chief. 28 29 (2) Operation Management Services. The Operation Management Services 30 shall be headed by a Director II. 31 32 Under the Operation Management Services are the following: (a) Local 33 Government Development Division; (b) Local Government Supervision 34 Division; (c) Project Management Development Division; (d) Barangay and 35 Community Affairs Division; and (e) Information System and Technology 36 Management Division. 37 38 Each division shall be headed by a Division Chief. 39 40 (3) Interior Affairs Services. The Interior Affairs Services shall be headed by a 41 Director II. 42 43 Under the Interior Affairs Services are the following: (a) Public Safety 44 Division; and (b) Disaster Risk Reduction and Management Division. 45 46 Each division shall be headed by a Division Chief. 47 48 (4) Legal Services. The Legal Services shall be headed by an Attorney VI. 49 50 Under the Legal Services are the following: (a) Legislative Liaison Division; 51 and (b) Legal Assistance Division.

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1 2 Each division shall be headed by a Division Chief. 3 4 (5) Internal Audit Office. The Internal Audit Office shall be headed by an 5 Internal Auditor V and shall directly report to the Minister of the Interior and 6 Local Government.

7 8 Chapter 4 9 Field Offices 10 11 Sec. 10. Provincial and City Offices. - There shall be a field office 12 operated and maintained in each province, highly urbanized city, and independent 13 component city to be headed by a Local Government Operations Officer VIII 14 equivalent to Director II who has completed the training course for Local 15 Government Operations Officer with appropriate civil service eligibility and shall be 16 appointed by the Chief Minister. 17 18 Each field office shall have the following functions: 19 20 a. Implement laws, rules, regulations, other issuances, policies, plans, 21 programs and projects of the Ministry; 22 b. Plan, organize, direct and monitor the implementation of the Ministry’s 23 functions, programs, projects and activities within their jurisdiction; 24 c. Disseminate and monitor compliance with laws, rules and regulations, 25 policies and other issuances affecting local government units; 26 d. Coordinate with provincial, municipal and city offices of other ministries, 27 offices and agencies on affecting local government administration and 28 development; 29 e. Provide technical assistance to local governments units in developing their 30 overall capabilities for local government administration and development; 31 f. Provide technical assistance to Civil Society Organizations including Non- 32 Governmental Organization, People’s Organization, and the Indigenous 33 People’s Organization in promoting culture of good governance through 34 the people’s participation. 35 g. Perform other functions as may be delegated by the Minister or as may be 36 provided by law. 37 38 Sec. 11. Other Field Units. – (1) There shall be a field unit in each 39 component city, municipality, and cluster field units to be headed by a Local 40 Government Operations Officer VII for component city and Local Government 41 Operations Officer VI for municipality and cluster field unit who shall be appointed 42 by the Minister and is primarily responsible for the administration, implementation, 43 and monitoring of the Ministry’s plans, programs, projects and activities at the field 44 level. 45 46 (2) In cases where a province, city, or municipality is subsequently created 47 by an act of Congress or Parliament, as the case may be, an appropriate field office is 48 hereby automatically established with the corresponding staffing pattern.

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1 Sec. 12. Authority of the Ministry Proper over Provincial/City 2 Offices and Other Field Units. – The Minister shall exercise technical and 3 administrative control and supervision over Provincial/City Offices and Other Field 4 Units within the Bangsamoro Autonomous Region and such other powers necessary, 5 appropriate or incidental in carrying out the implementation of interior and local 6 government programs and projects in their respective area. 7 8 9 Chapter 5 10 Regional Chapter of Leagues of Municipalities and Barangays 11 12 Sec. 13. Regional Chapter of Leagues of Municipalities and 13 Barangays. – There is hereby established a regional chapter of the leagues of 14 municipalities and barangays without prejudice to their membership to national 15 leagues. The regional chapter shall be responsible in pursuing common interests 16 beneficial to them including their participation in regional decision-making process 17 which shall be under the supervision of the Operation Management Services. 18 19 The Minister is hereby authorized to promulgate necessary implementing 20 rules that will active the regional leagues as well as their participation in different 21 regional councils and committees as the Bangsamoro Parliament may provide. 22 23 24 Chapter 6 25 Special Geographic Area Development Authority 26 27 Sec. 14. Constitution of Special Geographic Area. - Pursuant to the 28 result of plebiscite conducted on February 21, 2019 and the Bangsamoro Organic 29 Law, the 63 Barangays in Pikit (Macabual, Gligli, Rajah Muda, Bagoaingud, Bulol, 30 Kabalasan, Buliok, Balungis, Bualan, Lagunde, Panicupan, Batulawan, Forth Pikit, 31 Pamalian, Manaulanan, Balong, Barungis, Nabundas, Gokoton, 32 Nalapaan,Macasendeg, Nunguan), Pigkawayan (Lower Baguer, Balacayon, Buricain, 33 Datu Binasing, Datu Mantil, Kadingilan, Libungan Torreta, Matilac, Lower 34 Pangangkalan, Upper Pangangkalan, Patot, Simsiman), Carmen (Kitulan, Pebpoloan, 35 Manarapan, Langogan, Tupig, Kib-Ayao, Nasapian), Kabacan (Tamped, Simbuhay, 36 Simone, Nanga-an, Buluan, Pedtad, Sanggadong), Midsayap (Central Labas, 37 Malingao, Tumbras, Kapinpilan, Sambulawan, Tugal, Mudseng, Kadingilan, 38 Nabalawag, Kadigasan, Damatulan, Olandang, Kudarangan), and Aleosan 39 (Dungguan and Tapodoc), all of the province of Cotabato that voted for inclusion in 40 the Bangsamoro Autonomous Region is hereby constituted into a separate Special 41 Geographic Area subject to the power of supervision of the Chief Minister, which 42 shall be exercised through the Ministry of the Interior and Local Government. 43 44 Sec. 15. Special Geographic Area Development Authority. – There is 45 hereby created a Special Geographic Area Development Authority, herein referred to 46 as the Authority, attached to the Ministry of the Interior and Local Government. 47 48 The Authority is mandated to manage the development affairs in the Special 49 Geographic Area. 50

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1 Sec. 16. Composition of the Special Geographic Area Development 2 Authority. – (1) The Authority shall perform planning, implementation, 3 monitoring and coordinating functions and, in the process, exercise supervisory and 4 regulatory authority over the promotion of general welfare of the people without 5 prejudice to the autonomy of barangay local government units. 6 7 (2) It shall be composed of the Board of Directors as the highest policy- 8 making body, the Administrator, and eight (8) Area Coordinators. 9 10 Sec. 17. Scope of Powers and Functions of the Authority. – The 11 Authority shall perform those powers and services devolved to local government 12 units under the Bangsamoro Local Governance Code, other than those services 13 delivered by the barangay local government units. These functions shall include: 14 15 a. Promulgation of policies, rules, regulations and others issuances related to 16 the powers and services devolved to the local government unit other than 17 those exercised by the component barangays; 18 b. Exercise of supervisory authority over component barangays; 19 c. Regulation of the use and utilization of natural resources within 20 competence of the Authority; 21 d. Implementation, enforcement and monitoring of the execution of national 22 and regional laws and policies in the area; 23 e. Formulation and implementation of comprehensive long-term 24 development plans, medium-term plans, and investment programs; 25 f. Adoption of measures that promote the general welfare of the constituents 26 of the area; 27 g. Formulation and implementation of policies, standards, programs and 28 projects for proper waste management and pollution control; 29 h. Receipt and administration of donation and grants from donors, subject to 30 existing to regional and national policies; 31 i. Regulation of intermunicipal communication and transportation services 32 subject to national and regional policies and guidelines; 33 j. Promotion of public safety which includes the formulation and 34 implementation programs and policies including local emergencies arising 35 from natural and human-induced calamities; 36 k. Adoption of internal rules and regulation for the smooth exercise of its 37 powers and functions; and 38 l. Performance of other tasks as may be assigned by the Minister of the 39 Interior and Local Government. 40 41 Sec. 18. Board of Directors. – The powers and functions of the Authority 42 shall be exercised by a Board of Directors consisting of at least eight (8) members but 43 not more than fifteen (15) and shall be composed of the following: 44 45 a. Minister of the Interior and Local Government as the Chairman; 46 b. Bangsamoro Director-General of the Bangsamoro Planning and 47 Development Authority as the Vice-Chairman; 48 c. The Ministers of: 49 50 1. Social Services and Development; 51 2. Health;

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1 3. Basic, Higher, and Technical Education; 2 4. Environment and Natural Resources, and Energy; and 3 5. Agriculture, Fisheries, and Agrarian Reform. 4 5 d. Chairperson of the Local Government Committee in the Bangsamoro 6 Parliament; 7 e. At least three (3) representatives from the private sectors to be appointed 8 by the Chief Minister; and 9 f. Administrator of the Authority as ex-officio member. 10 11 Sec. 19. Administrator. – The Authority shall be headed by an 12 Administrator I who shall be appointed by the Chief Minister and shall be placed 13 under the supervision of the Minister of the Interior and Local Government. The 14 Administrator shall be assisted by a Director II and immediate staff. 15 16 Sec. 20. Area Coordinators. – Each cluster of barangays shall be assigned 17 with a Development Management Officer IV who shall be appointed by the Minister, 18 and who shall have the following functions and responsibilities: 19 20 a. Coordinate the activities of the Authority related to its smooth and efficient 21 operations and the activities at the cluster of barangays; 22 b. Prepare all the technical report and policy proposals for the consideration 23 of the Administrator, pertaining to the programs and projects in cluster of 24 barangays; 25 c. Prepare the quarterly and annual report of the Office, Work and Financial 26 Plan, and Budget, particularly those concerning the cluster barangays; 27 d. Implement and monitor the decisions and guidelines of the higher 28 authorities in the cluster barangays; 29 e. Facilitate the formulation of a Comprehensive Development Plan of the 30 cluster barangays and ensure integration of barangay development plans; 31 f. Prepare project proposals in consultation with the Barangay Officials, the 32 Administrator and appropriate BARMM ministries for possible funding 33 assistance; and 34 g. Perform other functions as may be authorized by the Administrator or by 35 higher authority. 36 37 Sec. 21. Support Staff. – The Administrator shall prepare an appropriate 38 staffing pattern to be adopted by the Board for approval by the Chief Minister. 39 40 Sec. 22. Sunset Clause. – (1) Until the Bangsamoro Parliament enacts a 41 law providing for the reconstitution of geographical areas in the Bangsamoro 42 Autonomous Region into appropriate territorial or political subdivision pursuant to 43 Section 4, Article XV of the Bangsamoro Organic Law, the Authority shall continue to 44 exist for the purposes it is established. 45 46 (2) The affected personnel shall be given an option to be absorbed by the new 47 local government unit or retain their position in the Authority, whether hired on a 48 permanent, temporary, casual or contractual basis and with appointments attested 49 by Civil Service Commission. 50 51

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1 Chapter 6 2 Bangsamoro Local Government Academy 3 4 Sec. 22. Bangsamoro Local Government Academy. – The 5 Bangsamoro Local Government Academy, under the direct supervision of the 6 Minister, is hereby created and shall be responsible for the human resource 7 development and training of local government officials of the Bangsamoro 8 Autonomous Region and the personnel of the Ministry of the Interior and Local 9 Government. The structure and staffing pattern of the Academy shall be prescribed 10 by the Ministry, subject to the approval of the Bangsamoro Cabinet. 11 12 13 Chapter 7 14 Bangsamoro Rapid Emergency Action of Disaster Incidence 15 16 Sec. 23. Rapid Emergency Action of Disaster Incidence Office231. – 17 There shall be a Rapid Emergency Action of Disaster Incidence Office (READI) 18 attached to the Ministry of the Interior and Local Government, that shall serve as 19 executing office of the Bangsamoro Disaster Risk Reduction and Management 20 Council (BDRRMC). It shall be headed by a Director II to be appointed by the Chief 21 Minister, and shall have the following functions: 22 23 a. Advise the BDRRMC on matters relating to disaster risk reduction and 24 management consistent with the national and regional laws and policies; 25 b. Formulate and implement Regional Disaster Risk Reduction and 26 Management Plan (RDRRMP) and ensure that physical framework, 27 social, economic and environmental plans of constituent LGUs are 28 consistent with such plan; 29 c. Review and evaluate the Local Disaster Risk Reduction and Management 30 Plans (LDRRMPs) to facilitate the integration of disaster risk reduction 31 measures into the local Comprehensive Development Plan (CDP) and 32 Comprehensive Land-Use Plan (CLUP); 33 d. Formulate standard operating procedures for the deployment of rapid 34 assessment teams, information sharing among different ministries and 35 agencies, and coordination before and after disaster at all levels; 36 e. Ensure that government agencies and local government units prioritize 37 and take adequate and appropriate measures in disaster risk reduction 38 and management; 39 f. Create an enabling environment for substantial and sustainable 40 participation of Civil Society Organizations (CSOs), private groups, 41 volunteers and communities, and recognize their contributions in the 42 government’s disaster risk reduction efforts; 43 g. Provide advice and technical assistance and assist in mobilizing necessary 44 resources to increase the overall capacity of the local government units, 45 specifically the low income and in high-risk areas; and

231 READI shall be the Bangsamoro Disaster Risk Reduction and Management Office stated in Section 8, Article XVI of the Bangsamoro Organic Law.

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1 h. Perform such other functions as may be provided by law or as may be 2 delegated by higher authorities.

3 Sec. 24. Organizational Structure. – The Bangsamoro READI Office 4 shall have representatives each from the Ministry of Social Services and 5 Development, Ministry of the Interior and Local Government, Ministry of Science 6 and Technology, and the Bangsamoro Planning and Development Authority. 7 8 Sec. 25. Emergency Operations Center. – There is hereby established 9 an Emergency Operations Center in the Bangsamoro READI which shall support the 10 DRRMC and the RPOC. 11 12 13

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1 TITLE IX 2 LABOR AND EMPLOYMENT 3 4 5 Chapter 1 6 General Provisions 7 8 Sec. 1. Declaration of Policy. - The Bangsamoro Government recognizes 9 labor as a primary social economic force for development. It shall afford full 10 protection to labor, promote full employment, ensure equal work opportunities 11 regardless of gender, race, or creed, regulate the relations between workers and 12 employer, and promote the right of labor to its just share in the fruits of production, 13 and the right of enterprise to reasonable returns on investments and to expansion 14 and growth. 15 16 Sec. 2. Mandate. - The Ministry of Labor and Employment shall be the 17 primary policy-making, programming, coordinating and administrative entity of the 18 Bangsamoro Autonomous Government in the field of labor and employment. It shall 19 assume primary responsibility for the promotion of gainful employment 20 opportunities and the optimization of the development and utilization of the 21 Bangsamoro manpower resources; the advancement of workers' welfare by providing 22 for just and humane working conditions and terms of employment; and the 23 maintenance of industrial peace by promoting harmonious, equitable, and stable 24 employment relations that assures equal protection for the rights of all concerned 25 parties. 26 27 Sec. 3. Powers and Functions. - The Ministry of Labor and Employment 28 shall have the following powers and functions: 29 30 a. Enforce social and labor legislation to protect the working class and 31 regulate the relations between the worker and his/her employer; 32 b. Formulate and recommend regional policies, plans and programs for 33 manpower development, training, allocation and utilization; 34 c. Recommend legislation to enhance the material, social and intellectual 35 improvement of the Bangsamoro labor force; 36 d. Protect and promote the interest of every constituent desiring to work 37 locally or overseas by securing to him the most equitable terms and 38 conditions of employment, and by providing social and welfare services; 39 e. Subject to enactment of a law on the matter, regulate the employment of 40 aliens within the Bangsamoro Autonomous Region, including the 41 establishment of a registration and/or work permit system for such aliens, 42 as provided for by national or BARMM laws; 43 f. Formulate general guidelines concerning wage and income policy; 44 g. Recommend necessary adjustments in wage structures with a view to 45 develop a wage system that is consistent with BARMM economic and 46 social development plans; 47 h. Provide for safe, decent, humane and improved working conditions and 48 environment for all workers, particularly women and young workers; 49 i. Formulate general guidelines for the issuance of working permit for 50 minors in the media industry;

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1 j. Maintain harmonious, equitable and stable labor relations system that is 2 supportive of national and BARMM economic policies and programs; 3 k. Uphold the rights of workers and employers to organize and promote free 4 collective bargaining as the foundation of the labor relations system; 5 l. Provide and ensure fair and expeditious settlement and disposition of 6 labor and industrial disputes through collective bargaining, grievance 7 machinery, conciliation, mediation, voluntary arbitration, compulsory 8 arbitration as may be provided by law, and other modes that may be 9 voluntary agreed upon by the parties concerned; and 10 m. Perform such other functions as may be provided by law. 11 12 Sec. 4. Organizational Structure. – The Ministry of Labor and 13 Employment shall consist of the Ministry Proper, Ministry Services and Offices, and 14 such other appropriate divisions or units as may be necessary. 15 16 17 Chapter 2 18 Ministry Proper 19 20 Sec. 5. Office of the Minister. - The Office of the Minister of Labor and 21 Employment shall consist of the Minister, the Deputy Minister, and the immediate 22 staff. 23 24 Sec. 6. Powers and Functions of the Minister. - The Minister shall be 25 vested with the following powers and functions: 26 27 a. Recommend to the Bangsamoro Cabinet policies and programs related to 28 Labor and Employment; 29 b. Administer the Ministry in accordance with law, relevant executive orders 30 and regulations issued by the Chief Minister; 31 c. Manage the implementation of Ministry programs, projects, and activities; 32 d. Establish policies and standards for the operation of the Ministry pursuant 33 to the approved programs of the Bangsamoro Government; 34 e. Promulgate rules and regulations necessary to carry out Ministry’s 35 objectives, policies, functions, plans, programs and projects; 36 f. Promulgate administrative issuances necessary for the efficient 37 administration of the Ministry, and for proper execution of the laws 38 relative thereto. These issuances shall not prescribe penalties for their 39 violation, except when expressly authorized by law; 40 g. Exercise disciplinary powers over officers and employees under the 41 Ministry in accordance with law enacted by the Bangsamoro Parliament, 42 including their investigation and the designation of a committee or officer 43 to conduct such investigation; 44 h. Appoint all officers and employees of the Ministry except those whose 45 appointments are specifically vested in the Chief Minister or in some other 46 appointing authority; 47 i. Exercise jurisdiction over all bureaus, offices, agencies and corporations 48 under the Ministry as are provided by law, and in accordance with the 49 applicable relationships; 50 j. Delegate authority to officers and employees under the Minister's direction 51 in accordance with this Code; and

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1 k. Perform such other functions as may be provided by law. 2 3 Sec. 7. Powers and Functions of the Deputy Minister. - The Deputy 4 Minister shall perform the following powers and functions:

5 a. Assist the Minister in implementing the policies of the Ministry; 6 b. Recommend policies for operations and program developments in the 7 Ministry; and 8 c. Perform such other functions as may be delegated by the Minister. 9 10 Sec. 8. The Bangsamoro Director-General. – The Bangsamoro 11 Director-General shall be the highest career official of the Ministry, with appropriate 12 eligibility. The Office of the Bangsamoro Director-General shall be responsible for 13 overseeing the administration, programs and strategic plan of the ministry. The 14 Bangsamoro Director-General shall be the direct supervisor of the Service Directors 15 of the Ministry. 16 17 18 Chapter 3 19 Structure of the Ministry 20 21 Sec. 9. Structure. - The Ministry of Labor and Employment shall be 22 supported by Services, Bureaus, Divisions, Sections, and Units, such as but not 23 limited to: Administrative and Finance; Technical; Operations; Legal; Field; Internal 24 Audit Office, and the likes. 25 26 27 Chapter 4 28 Bureaus and Boards 29 30 Sec. 10. Bureau of Labor Relations and Standards. - The Bureau of 31 Labor Relations and Standards shall be headed by Director I and shall have the 32 following functions: 33 34 a. Adopt and promulgate policies and guidelines governing the hearing and 35 disposition of cases and/or labor disputes; 36 b. Implement preventive mediation and conciliation functions; 37 c. Coordinate mediation linkages with other sectors or institutions including 38 government authorities concerned on matters related to the grievances 39 and settlement of labor disputes; 40 d. Administer voluntary arbitration program; 41 e. Maintain or update list of voluntary arbitrators and compile arbitration 42 awards and decisions; 43 f. Provide counseling and preventive mediation assistance particularly in the 44 administration of Collective Bargaining Agreements (CBA); 45 g. Facilitate orientation and briefing for both management and workers to 46 increase labor awareness to the rights of both parties; 47 h. Implement labor laws specifically on labor standards as well as policies, 48 programs and devices on its administration and enforcement; 49 i. Implement policies on work permit to regulate employment of aliens;

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1 j. Develop, conceptualize, and disseminate appropriate and relevant 2 Information Education Campaign (IEC) and advocacy materials on labor 3 laws; 4 k. Implement the Labor Code of the Philippines provisions concerning the 5 responsibility of the government to promote the well-being of the OBWs; 6 l. Undertake studies and research for the enhancement of the social 7 economic and cultural well-being of the workers; 8 m. Facilitate issuance of safety permits (mechanical and electrical) of power 9 plants and industrial establishment; 10 n. Ensure regular conduct of medical examinations of workers in close 11 coordination with the Ministry of Environment and Natural Resources and 12 Energy (MENRE), Ministry of Health (MOH) and Local Government Unit 13 (LGUs) concerned; 14 o. Issue certificate of registration of private establishment and service 15 providers; and 16 p. Perform such other functions as may be directed by the Minister or as may 17 be provided by law. 18 19 Sec. 11. Arbitration Committee.- The Bureau of Labor Relations and 20 Standards shall have an Arbitration Committee which shall be composed of the 21 Bureau Director as Chairman with legal services, mediation and conciliation 22 divisions staff as members. 23 24 Sec. 12. Powers and Functions of Arbitration Committee. - The 25 Arbitration Committee shall be vested with the following functions: 26 27 a. Decide on issues relating to relating labor disputes which cannot be 28 resolved during the conduct of mediation and conciliation process; and 29 b. Furnish copy of the decision to all concerned for their information and 30 guidance. 31 c. Perform such other functions as maybe provided by law. 32 33 Sec. 13. Bureau of Employment Promotion and Welfare. - The 34 Bureau of Employment Promotion and Welfare shall be headed by Director I and 35 shall have the following functions: 36 37 a. Issue Overseas Employment Certificates (OECs) and Information 38 Verification to returning Overseas Bangsamoro Workers (OBWs); 39 b. Implement employment programs designed to benefit disadvantaged 40 groups and communities; 41 c. Implement education and training programs for the OBWs; 42 d. Maintain a Labor Market Information System (LMIS) for proper and 43 systematic manpower and development planning; 44 e. Regulate private sector’s participation in the recruitment for overseas 45 placement of workers from the Bangsamoro Autonomous Region through 46 issuance of licensing and registration system, consistent with national 47 policies; 48 f. Formulate and implement a system promoting and monitoring the 49 overseas employment of workers from the Bangsamoro Autonomous 50 Region taking into consideration their welfare and the domestic 51 requirements, in coordination with appropriate entities concerned;

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1 g. Protect the rights of the workers from the Bangsamoro Autonomous 2 Region applying for overseas employment to ensure fair and just 3 recruitment practices; 4 h. Facilitate skills development and placement of manpower resource of the 5 Bangsamoro Autonomous Region for local and overseas employment; 6 i. Establish and maintain skills registry of the BARMM labor force for local 7 and overseas placement; 8 j. Ensure technical, legal and psycho-social assistance to OBWs experiencing 9 problems with their employers and recruiters; 10 k. Implement overseas market development activities to secure the best 11 terms and conditions for overseas employment from the Bangsamoro 12 Autonomous Region and ensure compliance therewith; 13 l. Develop and implement an information system for an effective monitoring 14 of returning contract overseas workers; 15 m. Establish close coordination and partnership with the Department of 16 Foreign Affairs, Philippine Tourism Authority, Manila International 17 Airport Authority, Department of Justice and other government agencies 18 concerned and private institutions in the pursuit of protection and welfare 19 of the OBWs; 20 n. Facilitate the conduct of Job Fairs and special recruitment activities for 21 both local and overseas placements; and 22 o. Perform such other functions as may be directed by the Minister or as may 23 be provided by law. 24 25 Sec. 14. Overseas Workers Welfare Bureau. - The Overseas Workers 26 Welfare Bureau shall be headed by a Director I and shall have the following 27 functions: 28 29 a. Implement the compulsory Pre-Employment and Pre-Departure 30 Orientation Seminars (PEOS & PDOS) for OBWs for their adjustments 31 concerns in their countries of destination; 32 b. Intensify welfare assistance program to ensure safe and legitimate 33 overseas workers; 34 c. Develop skills thru training and educational assistance for OBWs; 35 d. Develop an Overseas Workers Data and Management System for effective 36 monitoring of OBWs whereabouts; 37 e. Implement welfare and protection programs for Overseas workers; 38 f. Support member overseas workers through Educational Scholarship 39 Program for their dependents; 40 g. Implement education and livelihood assistance for dependents of deceased 41 OBWs, including convicted OBWs who are facing death penalty in the 42 host country; 43 h. Extend legal assistance to OBWs who wish to pursue labor/welfare case 44 against their employer in the host country; 45 i. Form quick response team to repatriate overseas workers who are in 46 distress in the host countries; and 47 j. Perform such other functions as may be directed by the Minister or as may 48 be provided by law. 49

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1 Sec. 15. Bangsamoro Tripartite Wages and Productivity Board 2 (BTWPB). - The Bangsamoro Tripartite Wage and Productivity Board shall 3 undertake the following functions: 4 5 a. Serve as regional consultative and advisory body to the Chief Minister and 6 the Bangsamoro Parliament on matters relating to wages, incomes and 7 productivity; 8 b. Formulate policies and guidelines on wages, incomes and productivity 9 improvements at the enterprise, industry consistent with national policies 10 and guidelines; 11 c. Facilitate the conduct of Public Hearing between workers and 12 management as basis for the determination of minimum wage in the 13 Bangsamoro Autonomous Region; 14 d. Issue minimum wage based on the Public Consultations conducted in the 15 Bangsamoro Autonomous Region; 16 e. Assume the powers and functions of the Tripartite Wages and 17 Productivity Board for the Bangsamoro Autonomous Region as provided 18 for under the Labor Code; and 19 f. Perform such other functions as maybe granted and/or provided by law. 20 21 Sec. 16. Composition of the BTWPB. - The BTWPB shall be composed of 22 the Minister of Labor and Employment as Chairperson; the Minister of Trade, 23 Investments, and Tourism; and the Bangsamoro Director General of BPDA 24 representing the government sector, as members; two (2) representatives from the 25 employer sector and two (2) representatives from the workers sector. It shall have its 26 Board Secretariat to be headed by a Board Secretary VI. 27 28 29 Chapter 5 30 Field Offices 31 32 Sec. 17. Provincial/City Offices. - Seven (7) Provincial Offices shall be 33 established in the strategic areas covered by the Bangsamoro Autonomous Region, 34 namely: (a) Maguindanao; (b) Cotabato City; (c) Lanao Del Sur and Marawi City; (d) 35 63 Barangays of North Cotabato; (e) Basilan and Lamitan City; f) Jolo, Sulu; and g) 36 Tawi-Tawi. 37 38 Each provincial office shall be headed by a Supervising Labor and 39 Employment Officer with support staff. 40 41 Sec. 18. Functions. - The Provincial/City Field Office shall have the 42 following functions: 43 44 a. Spearhead the effective, efficient and economical delivery, promotion, 45 enforcement of the programs, projects and services of the Ministry in the 46 Province/City; 47 b. Recommend strategies to be adopted in the implementation of programs, 48 projects and activities appropriate to the peculiar situation of the 49 province and/or city; 50 c. Spearhead the identification, validation, re-validation, implementation 51 and evaluation of livelihood programs such as Sagip Batang

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1 Manggagawa, Government Internship Program, Special Program for 2 Employment of Students, and Reintegration programs for Overseas 3 Bangsamoro Workers; 4 d. Issue Overseas Employment Certificates (OECs) and OBW Information 5 Verification Sheets (OIVSs) upon establishment of one stop shop in the 6 island provinces; 7 e. Supervise the conduct of labor force data survey; 8 f. Facilitate the listing of private establishments and other businesses in 9 their areas of jurisdiction; 10 g. Assist in the conduct of job fairs and special recruitment activities; and 11 h. Perform such other related functions as may be provided by law. 12 13 Sec. 19. Authority of the Ministry Proper over Provincial/City 14 Field Offices. – The Minister shall exercise technical and administrative control 15 and supervision over Provincial/City Offices within the Bangsamoro Autonomous 16 Region and such other powers necessary, appropriate or incidental in carrying out 17 the implementation of labor and employment programs and projects in their 18 respective area. 19 20 21

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1 TITLE X 2 PUBLIC ORDER AND SAFETY 3 4 5 Chapter 1 6 General Provisions 7 8 Sec. 1. Declaration of Policy. - It is the policy of the Bangsamoro 9 Government to ensure the realization of an enduring peace on the basis of justice and 10 balanced society in this territorial jurisdiction. It shall promote unity, peace, justice, 11 and goodwill among all peoples, as well as encourage a just and peaceful settlement 12 of disputes. 13 14 Sec. 2. Mandate. - The Ministry of Public Order and Safety (MPOS) shall be 15 responsible for public safety. It shall have coordinative function with offices and 16 bureaus that maintain public order and safety in the region, and shall perform 17 functions relating to peace building, reconciliation, and unification of all the peoples 18 of the region. 19 20 Sec. 3. Powers and Functions. - The Ministry shall have the following 21 powers and functions: 22 23 a. Serve as member of the Regional Peace and Order Council; 24 b. Establish proper coordinating mechanisms with the Armed Forces of the 25 Philippines, Philippine National Police, National Police Commission, 26 Bureau of Jail Management and Penology, Coast Guard, Bureau of Fire 27 Protection, and other law enforcement agencies or offices in the 28 Bangsamoro Autonomous Region to enhance the safety and security of the 29 region; 30 c. Monitor and evaluate the prevailing peace and security situation in the 31 region and submit report to the Office of the Chief Minister; 32 d. Establish a community-based early warning/response and conflict 33 reporting system relating to public order and safety; 34 e. Formulate and implement programs, projects, and activities relating to 35 religious tolerance, preventing and countering violent extremism; 36 f. Conduct programs, projects and activities relating to promotion of peace 37 and sustainable development, reconciliation, unification, and peaceful co- 38 existence; 39 g. Formulate and implement policies and programs for the effective 40 settlement of family feuds (rido) and other horizontal conflicts in the 41 region, as well as for the prevention of the recurrence of such conflicts; 42 h. Implement laws, policies, programs and projects of the BARMM 43 concerning peace, public order and safety; and 44 i. Perform such other functions as may be prescribed by law thereafter or as 45 may be assigned by the Chief Minister. 46 47 Sec. 4. Organizational Structure. - The Ministry of Public Order and 48 Safety shall be composed of the Ministry Proper, Ministry Services and Offices, and 49 such other appropriate divisions and units as may be necessary . 50 51

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1 Chapter 2 2 Ministry Proper 3 4 Sec. 5. Office of the Minister. – The Office of the Minister of Public Order 5 and Safety consists of the Minister, the Deputy Minister, and the immediate staff. 6 7 Sec. 6. Powers and Functions of the Minister. - The Minister shall be 8 vested with the following powers and functions: 9 10 a. Recommend to the Bangsamoro Cabinet policies and programs related to 11 Public Order and Safety; 12 b. Administer the Ministry in accordance with law, relevant executive orders 13 and regulations issued by the Chief Minister; 14 c. Manage the implementation of Ministry programs, projects, and activities; 15 d. Establish policies and standards for the operation of the Ministry pursuant 16 to the approved programs of the Bangsamoro Government; 17 e. Promulgate rules and regulations necessary to carry out Ministry’s 18 objectives, policies, functions, plans, programs and projects; 19 f. Promulgate administrative issuances necessary for the efficient 20 administration of the Ministry, and for proper execution of the laws 21 relative thereto. These issuances shall not prescribe penalties for their 22 violation, except when expressly authorized by law; 23 g. Exercise disciplinary powers over officers and employees under the 24 Ministry in accordance with law enacted by the Bangsamoro Parliament, 25 including their investigation and the designation of a committee or officer 26 to conduct such investigation; 27 h. Appoint all officers and employees of the Ministry except those whose 28 appointments are specifically vested in the Chief Minister or in some other 29 appointing authority; 30 i. Exercise jurisdiction over all bureaus, offices, agencies and corporations 31 under the Ministry as are provided by law, and in accordance with the 32 applicable relationships; 33 j. Delegate authority to officers and employees under the Minister's direction 34 in accordance with this Code; and 35 k. Perform such other functions as may be provided by law. 36 37 Sec. 7. Powers and Functions of the Deputy Minister. - The Deputy 38 Minister shall perform the following powers and functions:

39 a. Assist the Minister in implementing the policies of the Ministry; 40 b. Recommend policies for operations and program developments in the 41 Ministry; and 42 c. Perform such other functions as may be delegated by the Minister. 43 44 Sec. 8. The Bangsamoro Director-General. – The Bangsamoro 45 Director-General shall be the highest career official of the Ministry, with appropriate 46 eligibility. The Office of the Bangsamoro Director General shall be responsible for 47 overseeing the administration, programs and strategic plan of the ministry. He/she 48 shall be the direct supervisor of the Service Directors of the Ministry. 49 50

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1 Chapter 3 2 Structure of the Ministry 3 4 Sec. 9. Structure. - The Ministry of Public Order and Safety shall be 5 supported by Services, Bureaus, Divisions, Sections, and Units, such as but not 6 limited to: Administrative and Finance; Technical; Operations; Legal; Field; Internal 7 Audit Office, and the likes. 8 9 Sec. 10. Home Affairs Office. - The Home Affairs Division shall be headed 10 by a Director II. It shall be responsible in evaluating, analyzing, and monitoring the 11 security situation and challenges in the region. 12 13 It shall establish proper coordinating mechanisms with the Philippine 14 National Police, the Armed Forces of the Philippines, the Bureau of Jail Management 15 and Penology, and all other agencies involved in the maintenance of peace, order and 16 safety in Bangsamoro Autonomous Region. 17 18 Sec. 11. Bangsamoro Reconciliation and Unification Office. - The 19 Reconciliation and Unification Office shall be headed by a Director II. It shall be the 20 conflict management body of the Ministry. 21 22 As such, it shall be primarily responsible in formulating and implementing 23 policies, programs, and activities for the effective settlement of family feuds (Rido) 24 and other horizontal conflicts in the Bangsamoro Autonomous Region. Further, it 25 shall endeavor to attract local insurgents to return to the folds of the law and make 26 the necessary programs to transform them into valuable resources for the region. 27 28 Sec. 12. Bangsamoro Peace Office. - The Bangsamoro Peace Office shall 29 be headed by a Director II, assisted by support staff. It shall be responsible for the 30 promotion of peace, justice, religious tolerance, peaceful co-existence, and other 31 peacebuilding activities towards normalization as an effective measure in ensuring 32 lasting peace and security in the Bangsamoro Autonomous Region. 33 34 35 36 37 38 39

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1 TITLE XI 2 PUBLIC WORKS 3 4 5 Chapter 1 6 General Provisions 7 8 Section 1. Declaration of Policy. - The Bangsamoro Government shall 9 maintain an engineering and construction arm and continuously develop its 10 technology, for the purpose of ensuring the safety of all infrastructure facilities and 11 securing for all public works the highest efficiency and the most appropriate quality 12 in construction. The planning, design, construction and maintenance of 13 infrastructure facilities, especially roads and bridges, flood control and water 14 resources development within the jurisdiction of the Bangsamoro Government, shall 15 be the responsibility of such an engineering and construction arm. 16 17 Sec. 2. Mandate. - The Ministry of Public Works shall be the Bangsamoro 18 Government’s engineering and construction arm, and is mandated to undertake (a) 19 the planning, design and construction of infrastructures, such as, but not limited to 20 roads and bridges, flood control, water supply projects and other public works 21 facilities within the jurisdiction of the Bangsamoro Government; and (b) the 22 construction, rehabilitation and maintenance of infrastructure facilities of the 23 Autonomous Region. 24 25 Sec. 3. Powers and Functions. - The Ministry shall have the following 26 powers and functions: 27 28 a. Undertake and/or evaluate the planning, design, construction and 29 supervision for all infrastructure located within the Bangsamoro 30 Autonomous Region; 31 b. Undertake maintenance and repairs of infrastructure and facilities within 32 the Bangsamoro Autonomous Region and as may be authorized or 33 delegated by the National Government; 34 c. Ensure that the necessary property, plant and equipment to fulfill the 35 mandates of the Ministry are available and maintained; 36 d. Undertake the submission of proposals to the appropriate National 37 Government Agency for funding and technical assistance on infrastructure 38 projects, whenever applicable; 39 e. Administer or establish implementation codes, standards, and guidelines 40 to ensure the safety of all public and private structures in the region and 41 ensure efficiency and proper quality in the construction of public works; 42 f. Ensure the implementation of laws, policies, programs, rules and 43 regulations regarding infrastructure projects as well as all public and 44 private physical structures within the Bangsamoro Autonomous Region; 45 g. Supervise all public works construction and ensure that actual 46 constructions are done in accordance with approved government plans and 47 specifications; 48 h. Provide technical assistance to other agencies within the Bangsamoro 49 Autonomous Region, including its constituent local government units; 50 i. Coordinate with other national and regional agencies, institutions and 51 organizations, especially the local government units within the

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1 Bangsamoro Autonomous Region, in the planning and implementation of 2 infrastructure projects; 3 j. Conduct continuing consultations with the local communities, take 4 appropriate measures to make the services of the Bangsamoro 5 Government responsive to the needs of the general public and recommend 6 such appropriate actions as may be necessary; and 7 k. Performs such other functions as may be assigned or delegated by the 8 Chief Minister or provided by law. 9 10 Sec. 4. Organizational Structure. – The Ministry of Public Works shall 11 consist of the Ministry Proper, Ministry Services and Offices, and such other 12 appropriate divisions or units as may be necessary. 13 14 15 Chapter 2 16 Ministry Proper 17 18 Sec. 5. Office of the Minister. – The Office of the Minister of Public 19 Works consists of the Minister, the Deputy Minister, and the immediate staff. 20 21 Sec. 6. Powers and Functions of the Minister. - The Minister shall be 22 vested with the following powers and functions: 23 24 a. Recommend to the Bangsamoro Cabinet policies and programs related to 25 Public Works; 26 b. Administer the Ministry in accordance with law, relevant executive orders 27 and regulations issued by the Chief Minister; 28 c. Oversee the implementation of Ministry programs, projects, and activities; 29 d. Establish policies and standards consistent with the National Government 30 policies and standards for the efficient administration and operation of the 31 Ministry in pursuit of its objectives, functions, plans, programs and 32 projects. These shall not prescribe penalties for their violation, except 33 when expressly authorized by law; 34 e. Exercise disciplinary powers over officers and employees under the 35 Ministry in accordance with law enacted by the Bangsamoro Parliament, 36 including their investigation and the designation of a committee or officer 37 to conduct such investigation; 38 f. Appoint all officers and employees of the Ministry except those whose 39 appointments are specifically vested in the Chief Minister or in some other 40 appointing authority; 41 g. Exercise jurisdiction over all bureaus, offices, agencies and corporations 42 under the Ministry as are provided by law, and in accordance with the 43 applicable relationships; 44 h. Delegate authority to officers and employees under the Minister's direction 45 in accordance with this Code; and 46 i. Perform such other functions as may be provided by law. 47 48 Sec. 7. Powers and Functions of the Deputy Minister. - The Deputy 49 Minister shall perform the following powers and functions:

50 a. Assist the Minister in implementing the policies of the Ministry;

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1 b. Recommend policies for operations and program developments in the 2 Ministry; and 3 c. Perform such other functions as may be delegated by the Minister. 4 5 Sec. 8. The Bangsamoro Director- General. – The Bangsamoro 6 Director-General shall be the highest career official of the Ministry, with appropriate 7 eligibility. The Office of the Bangsamoro Director-General shall be responsible for 8 overseeing the administration, programs and strategic plan of the ministry. He/she 9 shall be the direct supervisor of the Service Directors of the Ministry. 10 11 12 Chapter 3 13 Structure of the Ministry 14 15 Sec. 9. Structure. - The Ministry of Public Works shall be supported by 16 Services, Bureaus, Divisions, Sections, and Units, such as but not limited to: 17 Administrative and Finance; Technical; Operations; Legal; Field; Internal Audit 18 Office, and the likes. 19 20 21 Chapter 4 22 District Offices 23 24 Sec. 10. District Office. - There shall be a District Office in each of the legislative 25 provinces and cities throughout the Bangsamoro Autonomous Region to be headed 26 by a District Engineer. A legislative province or city may be divided into two (2) or 27 more Engineering Districts, as determined by law or competent authority in the 28 Bangsamoro Government. 29 30 For this purpose, District Offices shall: 31 32 a. Implement policies, guidelines and procedures for the effective 33 implementation of construction, maintenance of infrastructure projects; 34 b. Inspect, verify, monitor, supervise and evaluate various infrastructure 35 projects in accordance with existing standards and guidelines; 36 c. Implement various infrastructure projects in their area of jurisdiction; 37 d. Conduct, inspect and assess condition of roads, bridges and other 38 infrastructure projects and submit report to the Ministry; 39 e. Prepare, review and evaluate plans, programs of work, and estimates 40 including reports and submit to the Ministry; 41 f. Prepare, evaluate and endorse requests for funding for the 42 repair/rehabilitation of damaged infrastructure facilities brought about by 43 calamities to the Ministry; 44 g. Undertake the management, repair, maintenance and rehabilitation of 45 construction and maintenance property, plant and equipment; and 46 h. Perform such other related duties and responsibilities as may be assigned 47 by the Director-General and/or the Minister. 48 49 Sec. 11. Authority of the Ministry Proper over Offices. - The Minister shall 50 exercise technical and administrative control and supervision over offices under the

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1 Ministry and such other powers necessary, appropriate or incidental in carrying out 2 the implementation of infrastructure programs and projects in their respective area. 3 4 Sec. 12. District Engineer. - The District Engineer within a province or 5 city shall be responsible for the efficient and effective discharge of the duties and 6 functions of the District Office. Within his/her defined powers, he/she shall exercise 7 functional and administrative control and supervision over district operations. 8 He/she shall also perform such other related duties and responsibilities as may be 9 assigned or delegated by the Minister or as may be required by law. 10 11 12 13 14

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1 TITLE XII 2 SCIENCE AND TECHNOLOGY 3 4 5 Chapter 1 6 General Provisions 7 8 Sec. 1. Declaration of Policy. – It is the policy of the Bangsamoro 9 Government to deliver morally guided science and technology programs, promote 10 innovations and partnerships on research, entrepreneurship and capacity-building, 11 foster competitive, dynamic and conscientious processes compliant to standards, and 12 contribute to a resilient, progressive and economically secured Bangsamoro. 13 14 Sec. 2. Mandate. - The Ministry of Science and Technology, pursuant to 15 Section IX, Article IX of RA 11054 is mandated to set direction and leadership in 16 science, research, inventions, technology education, their development and ensure 17 the full and effective participation of all sectors in the planning, programming, 18 coordination and implementation of scientific and technological researches. 19 20 Sec. 3. Powers and Functions. - The Ministry of Science and Technology 21 shall have the following powers and functions: 22 23 a. Formulate and adopt a comprehensive Bangsamoro Science and 24 Technology Plan, including specific goals, policies, plans, programs and 25 projects, and monitor and coordinate its funding and implementation;2 3 2 26 b. Pursue Research and Development towards an informed policy 27 formulation, respond to pressing regional priorities, push to maturity the 28 emerging technologies towards productivity, and build-up science and 29 technology literatures through development of research compendium; 30 c. Support the transfer, promotion, innovation and commercialization of 31 technologies for development of micro, small and medium enterprises 32 (MSMEs); 33 d. Enhance Scientific and Technological services in the field of information 34 technology and disaster risk reduction and management; 35 e. Develop and maintain an information system and databank on science and 36 technology;2 3 3 37 f. Improve access to quality education through Science and Technology 38 scholarship programs, capacity building for science and mathematics 39 teachers, upgrading of science laboratories and development of 40 Bangsamoro science schools; 41 g. Administer scientific and technological scholarships, awards and grants;2 3 4 42 h. Conduct research and development on information technology and 43 advanced fields and undertake venture financing;2 3 5 44 i. Contribute to the development and quality standards including halal for 45 food and non-food industry through testing, analysis and capacity- 46 building; and

232 See Sec. 3 (1), Chapter 1, Title IX, MMA Act No. 287 233 See Sec. 3 (7), Chapter 1, Title IX, MMA Act No. 287 234 See Sec. 3 (11), Chapter 1, Title IX, MMA Act No. 287 235 See Sec. 3 (14), Chapter 1, Title IX, MMA Act No. 287

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1 j. Perform such other functions as may be provided by law. 2 3 Sec. 4. Organizational Structure. – The Ministry of Science and 4 Technology shall consist of the Ministry Proper, Ministry Services and Offices, and 5 such other appropriate divisions or units as may be necessary. 6 7 8 Chapter 2 9 Ministry Proper 10 11 Sec. 5. Office of the Minister. – The Office of the Minister of Science and 12 Technology consists of the Minister, the Deputy Minister, and the immediate staff. 13 14 Sec. 6. Powers and Functions of the Minister. - The Minister shall be 15 vested with the following powers and functions: 16 17 a. Recommend to the Bangsamoro Cabinet policies and programs related to 18 Science and Technology; 19 b. Administer the Ministry in accordance with law, relevant executive orders 20 and regulations issued by the Chief Minister; 21 c. Manage the implementation of Ministry programs, projects, and activities; 22 d. Establish policies and standards for the operation of the Ministry pursuant 23 to the approved programs of the Bangsamoro Government; 24 e. Promulgate rules and regulations necessary to carry out Ministry’s 25 objectives, policies, functions, plans, programs and projects; 26 f. Promulgate administrative issuances necessary for the efficient 27 administration of the Ministry, and for proper execution of the laws 28 relative thereto. These issuances shall not prescribe penalties for their 29 violation, except when expressly authorized by law; 30 g. Exercise disciplinary powers over officers and employees under the 31 Ministry in accordance with law enacted by the Bangsamoro Parliament, 32 including their investigation and the designation of a committee or officer 33 to conduct such investigation; 34 h. Appoint all officers and employees of the Ministry except those whose 35 appointments are specifically vested in the Chief Minister or in some other 36 appointing authority; 37 i. Exercise jurisdiction over all bureaus, offices, agencies and corporations 38 under the Ministry as are provided by law, and in accordance with the 39 applicable relationships; 40 j. Delegate authority to officers and employees under the Minister's direction 41 in accordance with this Code; and 42 k. Perform such other functions as may be provided by law. 43 44 Sec. 7. Powers and Functions of the Deputy Minister. - The Deputy 45 Minister shall perform the following powers and functions:

46 a. Assist the Minister in implementing the policies of the Ministry; 47 b. Recommend policies for operations and program developments in the 48 Ministry; and 49 c. Perform such other functions as may be delegated by the Minister. 50

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1 Sec. 8. The Bangsamoro Director General. – The Bangsamoro Director 2 General shall be the highest career official of the Ministry, with appropriate 3 eligibility. The Office of the Bangsamoro Director General shall be responsible for 4 overseeing the administration, programs and strategic plan of the ministry. The 5 Bangsamoro Director General shall be the direct supervisor of the Service Directors 6 of the Ministry. 7 8 9 Chapter 3 10 Structure of the Ministry 11 12 Sec. 9. Structure. - The Ministry of Science and Technology shall be 13 supported by Services, Bureaus, Divisions, Sections, and Units, such as but not 14 limited to: Administrative and Finance; Technical; Operations; Legal; Field; Internal 15 Audit Office, and the likes. 16 17 18 Chapter 4 19 Provincial Science and Technology Centers 20 21 Sec. 10. Provincial Centers. – Seven (7) Provincial Science and 22 Technology Centers shall be established in the strategic areas covered by the 23 Bangsamoro Autonomous Region, namely: (a) Maguindanao; (b) Cotabato City; (c) 24 Lanao Del Sur and Marawi City; (d) 63 Barangays from North Cotabato; (e) Basilan 25 and Lamitan City; f) Jolo, Sulu; and g) Tawi-Tawi. 26 27 Sec. 11. Functions. - The Provincial Science and Technology Centers are 28 extensions of the Ministry of Science and Technology. As such they shall carry out 29 the following functions: 30 31 a. Identify needs and opportunities on science and technology in the 32 provinces; 33 b. Implement Science and Technology programs/projects such as technology 34 demonstration and transfer, science and technology promotion and 35 dissemination, science education and other areas of concern that will 36 benefit the people in the provinces; 37 c. Assist in the execution of research and development at the provincial 38 offices; and 39 d. Develop institutional linkages and establish coordination mechanism with 40 provincial offices of other ministries, local government units, academe and 41 nongovernmental offices for the effective implementation of science and 42 technology programs in the provinces. 43 44 Each of the Provincial Centers shall be headed by a Senior Science and 45 Technology Specialist and shall be assisted by other support staff. 46 47 Sec. 12. Authority of the Ministry Proper over Provincial/City 48 Science and Technology Centers. – The Minister shall exercise technical and 49 administrative control and supervision over Provincial Science and Technology 50 Centers within the Bangsamoro Autonomous Region and such other powers

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1 necessary, appropriate or incidental in carrying out the implementation of science 2 and technology programs and projects in their respective area. 3 4 Sec. 13. Project Management Offices. – The Minister may create Project 5 Management Offices for special projects that have a fixed term. Regular Ministry 6 employees may be assigned to the Project Management Office but may be 7 supplemented by contractual employees or consultants who shall be co-terminus 8 with the Project. The creation of a Project Management Office shall be subject to the 9 approval of the Cabinet. 10 11 12

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1 TITLE XIII 2 SOCIAL SERVICES AND DEVELOPMENT 3 4 5 Chapter 1 6 General Provisions 7 8 Sec. 1. Declaration of Policy. – The Bangsamoro Government is 9 committed to the care, protection, and rehabilitation of individuals, families, and 10 communities in the Bangsamoro Autonomous Region, especially those who have less 11 in life and those who need social welfare interventions to restore their normal 12 functioning and enable them to participate in community affairs.2 3 6 13 14 Sec. 2. Mandate. - The Ministry of Social Services and Development shall 15 provide a balanced and responsive approach to social welfare whereby the rights, 16 needs, and interests of all citizens within its jurisdiction, with special focus on the 17 marginalized and vulnerable sectors, including women, children, senior citizens, 18 differently-abled persons, indigenous cultural communities, internally displaced 19 persons, and those similarly situated by analogy, are protected and addressed at all 20 times, especially during the existence of a crisis, whether natural or human-induced, 21 that affects their well-being and their participation in community affairs. 22 23 To this end, the Ministry’s objectives shall be to: 24 25 a. Provide an integrated welfare package to its constituents, on the basis of their 26 rights, needs, and interests, and coordinate the service facilities required from 27 such departments or agencies, governmental and non-governmental, or local 28 government units, which can best provide them; 29 b. Address any socially disabling or dehumanizing conditions of the 30 marginalized sectors at the community level, in accordance with their faith 31 and cultural practices; 32 c. Care for, protect, and rehabilitate, differently abled persons, as well as those 33 who are socially disadvantaged, for effective social functioning; and 34 d. Formulate and advocate for the adoption of laws, policies and measures 35 addressing social welfare concerns. 36 37 Sec. 3. Powers and Functions. –The Ministry of Social Services and 38 Development shall have the following powers and functions: 39 40 a. Formulate, develop and implement plans, programs and projects in the field 41 of social welfare and development on the basis of both the rights and needs of 42 the people; 43 b. Adopt policies to ensure effective implementation of programs for public and 44 private social welfare services; 45 c. Promote, support and coordinate the establishment, expansion and 46 maintenance of non-governmental social welfare facilities, projects and 47 services; 48 d. Establish, operate, maintain and otherwise support institutional facilities, 49 projects and services for its constituents;

236 See Sec. 1, Chapter 1, Title X of MMA Act 287

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1 e. Promote, build and strengthen people’s organizations for a self-directing 2 welfare system at the grassroots level; 3 f. Promote, support and coordinate networks and facilities for the identification 4 and delivery of appropriate interventions to its welfare constituents; 5 g. Accredit institutions and organizations engaged in social welfare activities and 6 provide consultative and information services to them; 7 h. Undertake researches and studies on matters pertaining to the improvement 8 of social welfare services and assistance in the region; 9 i. Initiate, promote and maintain bilateral and multilateral linkages, for 10 technical cooperation, in coordination with relevant national, regional, and 11 local government agencies; 12 j. Provide advisory services and develop and implement training standards and 13 programs for its human resources, social workers and students, for career and 14 staff development in social welfare activities; 15 k. Disseminate information and publish technical bulletins on social welfare 16 services; 17 l. Deputize law enforcement agencies to assist in the implementation of laws, 18 rules and regulations for the protection of the rights of the exploited, abused, 19 and disadvantaged; 20 m. Regulate fund drives, public solicitations and donations for charitable or 21 welfare purposes; 22 n. Set standards, accredit and monitor performance of all social welfare activities 23 in both public and private sectors; 24 o. Exercise functional and technical supervision over social workers in other 25 government settings or agencies like courts, hospitals, schools and housing 26 projects; 27 p. Deputize local government units and other agencies of government as are 28 necessary in providing disaster relief; 29 q. Coordinate all activities pertaining to the implementation of programs and 30 services for the marginalized sectors including women, children, senior 31 citizens, differently abled persons, indigenous cultural communities, 32 internally displaced persons, and those similarly situated by analogy; and 33 r. Perform such other functions as may be provided by law. 34 35 Sec. 4. Organizational Structure. – The Ministry of Social Services and 36 Development shall consist of the Ministry Proper, Ministry Services and Offices, and 37 such other appropriate divisions or units as may be necessary. 38 39 40 Chapter 2 41 Ministry Proper 42 43 Sec. 5. Office of the Minister –The Office of the Minister shall be 44 composed of the Minister, Deputy Minister and their immediate staff. 45 46 Sec. 6. Powers and Functions of the Minister. - The Minister of Social 47 Services and Development shall be vested with the following powers and functions: 48 49 a. Recommend to the Bangsamoro Cabinet policies and programs related to 50 Social Services and Development;

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28 a. Assist the Minister in implementing the policies of the Ministry; 29 b. Recommend policies for operations and program developments in the 30 Ministry; and 31 c. Perform such other functions as may be delegated by the Minister. 32 33 Sec. 8. The Bangsamoro Director General. – The Bangsamoro Director 34 General shall be the highest career official of the Ministry, with appropriate 35 eligibility. The Office of the Bangsamoro Director General shall be responsible for 36 overseeing the administration, programs and strategic plan of the ministry. The 37 Bangsamoro Director General shall be the direct supervisor of the Service Directors 38 of the Ministry. 39 40 41 Chapter 3 42 Structure of the Ministry 43 44 Sec. 9. Services and Offices. - The Ministry of Social Services and 45 Development’s Services and Offices are, as follows: 46 47 (1) Administrative and Finance Services. The Administrative and Finance 48 Services shall be headed by a Director II . 49

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1 Under the Administrative Services are the following: (a) Human Resource 2 Management Division; (b) General Services Division; (c) Records Division; 3 (d) Cash Division; (e) Accounting Division; (f) Budget Division; and (g) 4 Procurement and Supply Division. 5 6 Each division shall be headed by a Division Chief. 7 8 (2) Programs and Operations Services. The Programs and Operations 9 Services shall be headed by a Director II. It shall closely coordinate with the 10 Provincial/City Social Welfare Offices in relation to the effective 11 implementation, monitoring, and evaluation of the Ministry’s programs. It 12 shall also encourage the active participation of local government units, partner 13 agencies, and civil service organizations. 14 15 Under the Programs and Operations Services are the following: (a) 16 Convergence Technical Support Division; (b) Social Service Centers Division; 17 (c) Protective Services and Welfare Division; and (d) Disaster Response and 18 Management Division; and the (e) Specialized Programs Division. 19 20 Each division shall be headed by a Division Chief. 21 22 (3) Legal Services. The Legal Services shall be headed by an Attorney VI. 23 24 Under the Legal Services are the following: (a) Legislative Liaison Division; 25 and (b) Legal Assistance Division. 26 27 Each division shall be headed by a Division Chief. 28 29 (4) Internal Audit Office. The Internal Audit Office shall be headed by an 30 Internal Auditor V and shall directly report to the Minister of Basic, Higher, 31 and Technical Education.

32 33 34 Chapter 4 35 Provincial/City/Municipal Social Welfare Offices 36 37 Sec. 10. Provincial/City Social Welfare Offices. – The Ministry 38 shall maintain and operate Social Welfare Offices in each of the provinces/cities in 39 the region. Each Social Welfare Office shall be headed by a Director II who shall have 40 administrative supervision within his/her area of operations and shall be 41 accountable for the efficient and effective implementation of programs of the 42 Ministry therein. 43 44 Sec. 11. Powers, Functions, and Duties of the Provincial/City 45 Social Welfare Offices. – The Provincial/City Offices shall have the following 46 functions: 47 48 a. Formulate and coordinate the implementation of operational, field-level 49 plans/programs of the Ministry;

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1 b. Provide specialized services and comprehensive assistance/reports to 2 other offices, divisions/sections, or units of the Ministry whenever 3 necessary; 4 c. Establish effective coordination with other departments, agencies, or 5 units, particularly local government units, within the province/city; 6 d. Conduct continuing studies and planning to improve its operations and 7 services. 8 9 Sec. 12. Establishment and Operations of Welfare Facilities. – The 10 Provincial/City Social Welfare Offices, subject to the approval of the Minister, are 11 authorized to establish, operate, and maintain the following: 12 13 a. Vocational Rehabilitation and Special Learning Centers for Differently - 14 Abled Persons; 15 b. Senior Citizens Centers; 16 c. Centers for Street Children; 17 d. Crisis Intervention Facilities; 18 e. Violence Against Women and Children (VAWC) Facilities; 19 f. Rehabilitation Centers for Children in Conflict with the Law; 20 g. Reception and Study Centers for Children; and 21 h. Such other facilities as may be necessary to assist the marginalized sectors 22 in the region. 23 24 Sec. 13. Authority of the Ministry Proper over Provincial/City 25 Social Welfare Offices. – Without prejudice to the possible devolution of powers 26 pertaining to social welfare functions in favor of local government units within the 27 jurisdiction of the Bangsamoro Government, as may be deemed fit and necessary by 28 the Bangsamoro Parliament in furtherance of the principle of local autonomy, the 29 Ministry shall exercise control and supervision on all Social Welfare Offices referred 30 to in the preceding section. 31 32 Sec. 14. Municipal Social Welfare Offices. - The Ministry may establish, 33 operate, and maintain Municipal Social Welfare Offices which shall be primarily 34 responsible for the efficient and effective implementation of the Ministry’s field 35 programs in the municipalities concerned. The Municipal Social Welfare Offices shall 36 be within the control and supervision of the corresponding Provincial Social Welfare 37 Office operating therein, except in local government units where social welfare has 38 been previously devolved. 39 40 41 Chapter 5 42 Fund Drives 43 44 Sec. 15. Solicitation. — Any person, corporation, organization, or 45 association, operating within the jurisdiction of the Bangsamoro Government, 46 desiring to solicit or receive contributions for charitable or public welfare purposes 47 shall first secure a permit from the Ministry. Upon the filing of a written application 48 for a permit in the form prescribed by the Ministry, the Minister, in his/her 49 discretion, may either issue a permanent or temporary permit or disapprove the 50 application. The reason for the disapproval thereof shall be clearly stated in a letter

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1 to that effect in accordance with the mandate of Republic Act 11032, or the “Ease of 2 Doing Business Act.” 3 4 Moreover, in the interest of the public, the Minister may renew or revoke any 5 permit issued, in accordance with the provisions of Act 4075, as amended by 6 Presidential Decree 1564, or the “Public Solicitation Law.” 7 8 Sec. 16. Requirements. - The Minister may require the person, 9 corporation, organization or association duly authorized to solicit contributions for 10 lawful purposes to submit from time to time a verified report or information 11 regarding their activities, the period covered by the report, the collection and 12 expenditures made and the names and addresses of the contributors and persons to 13 whom assistance was rendered from the funds obtained. This report or information 14 shall be open for inspection of the general public. The Minister or his/her duly 15 authorized representative may, for the protection of the public, likewise investigate 16 the books, papers, affairs and activities of any such person, corporation, 17 organization, or association: Provided, however, That the provisions of the preceding 18 Section shall not apply to any organization or institution established for charitable or 19 public welfare purposes in its campaign for raising funds or soliciting public 20 subscriptions or any means for collecting funds which has been authorized by 21 Executive Proclamation. 22 23 Sec. 17. Collection of Fees. – The Ministry shall charge fees for 24 applications for the permits referred to in the preceding paragraphs. Said fees shall 25 be remitted to the Bangsamoro Treasury. 26 27 28 Chapter 6 29 Social Welfare Agencies And Services 30 31 Sec. 18. Social Welfare Services by Others. – In furtherance of a 32 participative, inclusive, and grassroots-based approach to social welfare assistance 33 and interventions, the social welfare services by the Ministry shall be without 34 prejudice to similar initiatives by any local government unit or private agency, 35 institution, or group. 36 37 All services, offices, divisions/sections, or units of the Ministry shall actively 38 promote and extend maximum assistance, including the provision of counterpart or 39 supplementary funds and resources, upon approval by the Ministry, to such efforts. 40 41 Sec. 19. Accreditation and Operation of Social Welfare Agencies. – 42 No social work agency shall operate and be accredited as such unless it is registered 43 with the Ministry which shall issue the corresponding certificate of registration upon 44 compliance with the following requirements: 45 46 a. The applicant must be engaged mainly or generally in social work activity 47 or social services; 48 b. The applicant must have employed a sufficient number of duly qualified 49 and registered social workers to supervise and take charge of its social 50 service functions in accordance with accepted social work standards;

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1 c. The applicant must show, in a duly certified financial statement that at 2 least sixty (60) percent of its funds are disbursed for direct social work 3 services; and 4 d. The applicant must keep social work record of all cases and welfare 5 activities handled by it with utmost confidence in accordance with the 6 relevant provisions of Republic Act 10173, or the “Data Privacy Act.” 7 8 A certificate of registration may be revoked if, after due investigation, the 9 Ministry finds that the social work agency has failed to perform its functions or has 10 violated existing laws, rules and regulations. 11 12 Sec. 20. Child Welfare Agency. - No person, natural or juridical, shall 13 establish any child welfare agency without first securing a license from the Ministry. 14 Such license shall not be transferable and shall be used only by the person or 15 institution to which it was issued at the place stated therein. No license shall be 16 granted unless the purpose or function of the agency is clearly defined and stated in 17 writing. Such definition shall include the geographical area to be served, the children 18 to be accepted for care, and the services to be provided. 19 20 If the applicant is a juridical person, it must be registered in accordance with 21 Philippine laws. 22 23 The work of all registered and licensed child welfare agencies shall be 24 supervised and coordinated by the Ministry. 25 26 The Ministry may, after notice and hearing, suspend or revoke the license of a 27 child welfare agency on any of the following grounds: 28 29 a. That the agency is being used for immoral purposes; 30 b. That said agency is insolvent or is not in a financial position to support and 31 maintain the children therein or to perform the functions for which it was 32 granted; 33 c. That the children therein are being neglected or are not properly cared for; 34 d. That the place is unsanitary as to make it unsuitable for children; 35 e. That said agency is located in a place or community where children are 36 placed in danger or are vulnerable to various forms of insecurities, that 37 would unduly expose the children to crimes, vices, acts of immorality, 38 corruption, or severe cruelty; or 39 f. That said agency has, by any act or omission, shown its unfitness to 40 maintain and operate a child welfare agency. During the period of 41 suspension, the agency concerned shall not accept or admit any additional 42 children. In any case, the Ministry shall make such order as to the custody 43 of the children under the care of such agency as the circumstances may 44 warrant. The suspension may last for as long as the agency has not 45 complied with any order of the Ministry to remedy the conditions which 46 served as grounds for the suspension. 47 48 Sec. 21. Foster Homes. - No foster home, day care center and other 49 substitute parental arrangement shall operate unless it is first registered with and 50 licensed by the Ministry. 51

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1 TITLE XIV 2 TRADE, INVESTMENTS, AND TOURISM 3 4 5 Chapter 1 6 General Provisions 7 8 Sec. 1. Declaration of Policy. - The Bangsamoro Government recognizes 9 the private sector as prime mover of trade, investments, and industry. To achieve 10 social justice, it shall encourage and support the building of entrepreneurial 11 capability in the Bangsamoro Autonomous Region and shall recognize, promote, 12 protect, and support the investments. It shall promote tourism as a major socio- 13 economic activity respecting, upholding, and maintaining diverse cultural heritage 14 and the moral and spiritual values of the people in the Bangsamoro Autonomous 15 Region.2 3 7 16 17 Sec. 2. Mandate. - The Ministry of Trade, Investments and Tourism (MTIT) 18 is the primary government agency mandated to implement laws, programs and 19 projects on trade, investments, and tourism. Towards this end, it shall promote and 20 develop an industrialization program effectively controlled by inhabitants of the 21 Bangsamoro Autonomous Region and shall act as catalyst for intensified private 22 sector activity in order to accelerate and sustain economic growth through: (a) 23 Comprehensive industrial growth strategy; (b) Progressive and socially responsible 24 liberalization program; (c) Policies designed for the expansion and diversification of 25 trade; (d) Policies to protect regional enterprises and consumers against unfair 26 foreign competition and trade practices; and (e) Promotion and development of 27 tourism as a major socio-economic activity to generate revenues and employment 28 and to spread the benefits of tourism to a wider segment of the population, with the 29 support, assistance and cooperation of both private and public sectors. 30 31 Sec. 3. Powers and Functions. - The Ministry of Trade, Investments 32 and Tourism shall have the following powers and functions: 33 34 a. Formulate policies, plans, programs and projects for the development of 35 the trade, investments, and tourism in the region; 36 b. Coordinate with appropriate government agencies and institutions the 37 implementation and enforcement of rules and regulations and other 38 issuances or orders and/or decisions issued related to trade, investments, 39 and tourism; 40 c. Undertake research studies and surveys for the continuing analysis of 41 economic conditions and trends relating to trade, investments, and 42 tourism; 43 d. Create and maintain a stable market and responsive investment policies 44 that encourage and support private sector investments; 45 e. Undertake investment promotion initiatives deemed crucial to the 46 attainment of its investment goal and objective; 47 f. Design an integrated marketing program to attract and encourage local 48 and foreign investors and tourists to invest and visit the region;

237 Derived from Sec. 1, Chapter 1, Title XI of MMA Act 287

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1 g. Formulate standards for the operation of tourism-oriented establishments 2 within the minimum level acceptable to local and international norms; 3 h. Promulgate rules and regulations governing the operations and activities 4 of all persons, firms, entities and establishments that cater to tourists; 5 i. Provide standards for accreditation of hotels, resorts and tourist-oriented 6 facilities for classification purposes consistent with national laws; 7 j. Develop programs to encourage private sector investment and 8 participation in tourism activities and projects; 9 k. Promote the protection, maintenance and preservation of historical, 10 cultural and natural assets; 11 l. Assist in the enforcement of all laws and regulations for the protection of 12 tourists and other transients; 13 m. Coordinate with appropriate government agencies the development of 14 infrastructure requirements supporting a tourist zone such as, but not 15 limited to, access roads to the zone, electric power brought to the proper 16 line of the zone, airports, harbors, and other support facilities; 17 n. Coordinate with concerned government agencies the provision of social 18 infrastructure requirements supporting a tourist zone as educational 19 facilities, health centers, social and recreational outlets and other 20 necessary amenities for the social upliftment of the populace and 21 preservation of ecological balance; 22 o. Promote, develop, and regulate Halal Industry development, and accredit 23 Halal certifying bodies and Halal Auditors in the Bangsamoro Autonomous 24 Region; 25 p. Coordinate with the Ministry of Agriculture, Fisheries and Agrarian 26 Reform, and other concerned agencies in the BARMM in the development 27 and promotion of Halal industry; 28 q. Coordinate/collaborate with the Ministry of the Interior and Local 29 Government to facilitate an LGU-facilitated local economic development; 30 r. Promote, develop, regulate and accredit repair and service enterprises in 31 accordance with existing laws; 32 s. Encourage and support the formation of Small and Medium Enterprise 33 Development Council (SMEDC) within the BARMM as well as other trade, 34 industry and consumer protection institutions and associations; 35 t. Formulate and implement programs to strengthen industries adversely 36 affected by economic crisis, particularly those that have a good probability 37 of attaining financial viability; 38 u. Formulate plans and programs that shall encourage projects which would 39 affect the dispersal of industries to the rural areas, promote manufactured 40 goods for export, and develop micro, small and medium-scale industries; 41 v. Coordinate efforts in formulating long-term industry sectoral plans with 42 the private sector; 43 w. Promote domestic trade, marketing and distributions to ensure the 44 rational, economical and steady flow of commodities from producing 45 and/or marketing centers to areas where there is a shortage of supply; 46 x. Propose, for the consideration of the Monetary Board, programs in the 47 commercial banking sector for directing Shariah-compliant commercial 48 lending facilities towards priority areas of commercial and industrial 49 development, as well as coordinate government direct funding and 50 financial guarantee programs to achieve trade and industry growth;

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1 y. Create, in coordination with related agencies of the Bangsamoro 2 Autonomous Regional Government, a one-stop-shop Business 3 Development Support Center to promote the growth of micro, small and 4 medium-scale businesses and enterprises; 5 z. Administratively adjudicate and impose reasonable fines and penalties for 6 violation of existing trade, investments, tourism, and cooperative 7 development laws; and 8 aa. Exercise such other powers and functions as necessary, proper, or 9 incidental to the attainment of its mandate. 10 11 Sec. 4. Organizational Structure. – The Ministry of Trade, Investments, 12 and Tourism shall consist of the Ministry Proper, Ministry Services and Offices, and 13 such other appropriate divisions or units as may be necessary. 14 15 Sec. 5. Attached Agencies. - The following agency and board are 16 attached to the Ministry: 1.) Bangsamoro Economic Zone Authority; and 2.) Halal 17 Accreditation Board. 18 19 20 Chapter 2 21 Ministry Proper 22 23 Sec. 6. Office of the Minister. –The Office of the Minister shall be 24 composed of the Minister, Deputy Minister and their immediate staff. 25 26 Sec. 7. Powers and Functions of the Minister. - The Minister of Trade, 27 Investments, and Tourism shall be vested with the following powers and functions: 28 29 a. Recommend to the Bangsamoro Cabinet policies and programs related to 30 Trade, Investments, and Tourism; 31 b. Administer the Ministry in accordance with law, relevant executive orders 32 and regulations issued by the Chief Minister; 33 c. Manage the implementation of Ministry programs, projects, and activities; 34 d. Establish policies and standards for the operation of the Ministry pursuant 35 to the approved programs of the Bangsamoro Government; 36 e. Promulgate rules and regulations necessary to carry out Ministry’s 37 objectives, policies, functions, plans, programs and projects; 38 f. Promulgate administrative issuances necessary for the efficient 39 administration of the Ministry, and for proper execution of the laws 40 relative thereto. These issuances shall not prescribe penalties for their 41 violation, except when expressly authorized by law; 42 g. Exercise disciplinary powers over officers and employees under the 43 Ministry in accordance with law enacted by the Bangsamoro Parliament, 44 including their investigation and the designation of a committee or officer 45 to conduct such investigation; 46 h. Appoint all officers and employees of the Ministry except those whose 47 appointments are specifically vested in the Chief Minister or in some other 48 appointing authority; 49 i. Exercise jurisdiction over all bureaus, offices, agencies and corporations 50 under the Ministry as are provided by law, and in accordance with the 51 applicable relationships;

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1 j. Delegate authority to officers and employees under the Minister's direction 2 in accordance with this Code; and 3 k. Perform such other functions as may be provided by law. 4 5 Sec. 9. Powers and Functions of the Deputy Minister. - The Deputy 6 Minister shall perform the following powers and functions:

7 a. Assist the Minister in implementing the policies of the Ministry; 8 b. Recommend policies for operations and program developments in the 9 Ministry; and 10 c. Perform such other functions as may be delegated by the Minister. 11 12 Sec. 9. The Bangsamoro Directors-General. – There shall be two (2) 13 Bangsamoro Directors- General, who shall be the highest career officials of the 14 Ministry, with appropriate eligibility. The Offices of the Bangsamoro Directors- 15 General shall be responsible for overseeing the administration, programs and 16 strategic plan of the ministry, with respect to: (a) Trade and Industry; and (b) 17 Tourism. The Bangsamoro Directors-General shall be the direct supervisors of the 18 respective Service Directors of the Ministry. 19 20 21 Chapter 3 22 Structure of the Ministry 23 24 Sec. 10. Structure. - The Ministry of Agriculture, Fisheries, and Agrarian 25 Reform shall be supported by Services, Bureaus, Divisions, Sections, and Units, such 26 as but not limited to: Administrative and Finance; Technical; Operations; Legal; 27 Field; Internal Audit Office, and the likes. 28 29 30 Chapter 4 31 Bureaus 32 33 A. Bureau of Trade and Industry

34 Sec. 11. Bureau of Trade and Industry. – The Bureau of Trade and 35 Industry shall be headed by a Director II, and shall have the following functions: 36 37 a. Assist the Minister of Trade, Investments, and Tourism in the formulation 38 and implementation of the Ministry’s policies, plans and programs on 39 Trade and Industry; 40 b. Assist the Minister in the supervision and administration of the trade and 41 industry related programs and projects including the conduct of Trade 42 Fairs/Exhibits, Business Conferences/Fora, and other Investment 43 promotions activities; 44 c. Assist the Minister in the Implementation of the Fair Trade Laws, Price Act 45 and related policies on consumer protection and business name 46 registration; 47 d. Coordinate with other bureaus and government agencies, local 48 government units concerned and the private sector in discharging its 49 duties and functions;

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1 e. Enlist the assistance and support of local government units and other 2 regional/provincial line agencies in the implementation of the programs, 3 projects and activities of the bureau; and 4 f. Perform such other functions as may be provided by law. 5 6 Sec. 12. Divisions under the Bureau of Trade and Industry. – The 7 Bureau of Trade and Industry shall be composed of the following divisions: (a) Trade 8 Regulation and Consumer Protection Division; (b) Enterprise and Trade 9 Development Division; and (c) Industry Development and Investment Promotion 10 Division. 11 12 13 B. Bureau of Investments

14 Sec. 13. Bureau of Investments. – The Bureau of Investments shall be 15 headed by a Director II, and shall have the following functions:

16 a. Assist the Minister of Trade, Investments, and Tourism on matters 17 relating to Investments, not otherwise exercised by the Bangsamoro 18 Board of Investments; 19 b. Assist in the formulation and implementation of Ministry policies, plans 20 and programs on Investments; 21 c. Coordinate with other bureaus and government agencies, local 22 government units concerned and the private sector in discharging its 23 duties and functions; 24 d. Enlist the assistance and support of local government units and other 25 regional/provincial line agencies in the implementation of the programs, 26 projects and activities of the Bureau; 27 e. Supervise enterprises duly registered with the Bangsamoro Government, 28 including those enterprises previously registered with the Regional Board 29 of Investments – ARMM; 30 f. Assume promotion of investments within the Bangsamoro Autonomous 31 Region consistent with the Investments Priorities Plan developed by the 32 Bangsamoro Board of Investments under the Office of the Chief Minister; 33 and 34 g. Perform such other functions as may be provided by law.

35 Sec. 14. Divisions under the Bureau of Investments. – The Bureau of 36 Investments shall be composed of the following divisions: (a) Technical and 37 Regulatory Division; and (b) Research and Support Division. 38 39 40 C. Bureau of Tourism

41 Sec. 15. Bureau of Tourism. – The Bureau of Tourism shall be headed by a 42 Director II, and shall have the following functions: 43

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1 a. Assist the Minister of Trade, Investments, and Tourism in the formulation 2 and implementation of the Ministry’s policies, plans and programs on 3 Tourism; 4 b. Coordinate the implementation of operational, field-level plans/programs 5 of the Bureau; 6 c. Oversee the administration of the Tourism Marketing, and Tourism 7 Product Development Service Offices of the Ministry, consistent with the 8 mandate of the ministry; 9 d. Coordinate with concerned agencies and institutions, both government 10 and private, the development of the regional tourism plans and policies; 11 e. Enlist the assistance and support of local government units and other 12 regional/provincial line agencies in the implementation of the programs 13 and projects of the bureau; 14 f. Provide support to all tourism-related activities of private sectors needing 15 government assistance; 16 g. Organize tourism partners and inter- island advocacy enhancement 17 activities; 18 h. Strengthening safety coordination network, putting in-place necessary 19 tourism services, and development of institutional linkages and social 20 assets; and 21 i. Perform such other functions as may be provided by law. 22 23 Sec. 16. Divisions under the Bureau of Tourism. – The Bureau of 24 Tourism shall be composed of the following divisions: (a) Product Development and 25 Standards and Accreditation Division; and (b) Tourism Promotions and Marketing 26 Division. 27 28 29 D. Bureau of Product Standards

30 Sec. 17. Bureau of Product Standards. – The Bureau of Product 31 Standards shall be headed by a Director II, and shall have the following functions:

32 a. Develop, promulgate, implement, and promote standardization activities 33 in the Bangsamoro Autonomous Region, consistent with Republic Act No. 34 7394, otherwise known as the Consumer Act of the Philippines; 35 b. Formulate a Bangsamoro Regional Product Standards (BRPS) or adopt the 36 Philippine National Standards (PNS) or relevant international or foreign 37 standards to help industries produce quality products or services, or raise 38 productivity in the Bangsamoro Autonomous Region; 39 c. Certify products for safety and quality in accordance with the BRPS or PNS 40 and other conformity assessment schemes, as necessary; 41 d. Operate a Testing Center in the Bangsamoro Autonomous Region to 42 support its product certification scheme and conduct confirmatory tests for 43 laboratories; 44 e. Maintain a standards data center or a repository of standards and a 45 website where a list of BRPS or PNS and certified products in the 46 Bangsamoro Autonomous Region are published; and

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1 f. Disseminate information within the Bangsamoro Autonomous Region on 2 standards developed and adopted to manufacturers, traders and other 3 standards users.

4 Sec. 18. Divisions under the Bureau of Product Standards. – The 5 Bureau of Product Standards shall be composed of the following divisions: (a) 6 Standards Development and Conformity Division; and (b) Product Testing Division. 7 8 9 Chapter 5 10 Field Offices 11 12 Sec. 19. Provincial Offices. - Seven (7) Field Offices shall be established in 13 the strategic areas covered by the Bangsamoro Autonomous Region, namely: (a) 14 Maguindanao; (b) Cotabato City; (c) Lanao Del Sur and Marawi City; (d) 63 15 Barangays from North Cotabato; (e) Basilan and Lamitan City; f) Sulu; and g) Tawi- 16 Tawi. 17 18 Each shall be headed by a Provincial Director with a rank equivalent to a 19 Director II, with support staff. 20 21 Sec. 20. Powers and Functions. - MTIT Field Offices shall perform the 22 following functions: 23 24 a. Implement laws, policies, plans, programs, rules and regulations of the 25 Ministry in their respective area of jurisdiction; 26 b. Provide economical, efficient and effective service to the people; 27 c. Coordinate with the provincial/city offices of other Ministries, bureaus, 28 agencies, and local government units in discharging its duties and 29 functions; 30 d. Coordinate and enlist the assistance and support of local government 31 units, other BARMM provincial line agencies, and private sectors the 32 implementation of operational field-level plans/programs of the Ministry; 33 e. Monitor business establishments on the compliance with the regulation 34 standards implemented by the MTIT; and 35 f. Perform such other functions as maybe set by the MTIT regional office or 36 as provided by law. 37 38 Sec. 21. Authority of Ministry Proper over Field Offices. - The Office 39 of the Minister shall exercise supervision and control over the Provincial/City 40 Offices. It shall be responsible for the field operations of the Ministry, ensuring full 41 compliance with policies, rigorous implementation of rules and regulations, and 42 proper implementation of plans and programs by the Field Offices in their respective 43 jurisdictions. 44 45 46 Chapter 6 47 The Bangsamoro Economic Zone Authority 48

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1 Sec. 22. The Bangsamoro Economic Zone Authority (BEZA) Board. 2 - There is hereby created a body corporate to be known as the Bangsamoro Economic 3 Zone Authority (BEZA) attached to the Ministry of Trade, Investment and Tourism. 4 5 The Board shall have an Executive Director II who shall be appointed by the 6 Chief Minister, to serve for a term of four (4) years, unless sooner removed for cause, 7 with provision for reappointment. In case of removal for cause, the replacement shall 8 serve only the unexpired portion of the term. The Executive Director shall be of 9 proven probity and integrity, and a degree holder in any of the following fields: 10 economics, business, public administration, law, accounting, management or their 11 equivalent, and with at least five (5) years relevant work experience, preferably in the 12 field of financial and legal management or public administration and with civil 13 service eligibility, or its equivalent (R.A.1080). 14 15 The Board shall be composed of eight (8) members as follows: 16 17 1. Minister of Trade, Investment, and Tourism (MTIT) as Chairperson; 18 2. Executive Director II of BEZA as Vice-Chairperson; 19 3. Minister of Labor and Employment (MOLE); 20 4. Minister of Environment, Natural Resources, and Energy (MENRE); 21 5. Minister of Agriculture, Fisheries and Agrarian Reform (MAFAR); 22 6. Minister of Public Works (MPW); 23 7. Minister of Transportation and Communications (MOTC); and 24 8. Ministry of Finance, and Budget and Management. 25 26 In case of the unavailability of the Minister of Trade, Investment and Tourism 27 MTIT to attend a particular board meeting, the Executive Director II of the BEZA 28 shall act as Chairman. 29 30 Members of the Board shall receive a per diem of not less than the amount 31 equivalent to the representation and transportation allowances of the members of 32 the Board and/or as maybe determined by the Ministry of Finance, and Budget and 33 Management: Provided, however, That the per diem collected per month does not 34 exceed the equivalent of four (4) meetings. 35 36 Sec. 23. Functions and Powers of the BEZA Board. -The BEZA Board 37 shall exclusively be a policy making body and shall not interfere in the day -to-day or 38 administrative operations of the BEZA or in the formulation and enforcement of 39 regulations implementing its policies, which operations and regulations are the 40 primary responsibility of the Executive Director II. 41 42 The BEZA Board shall have the following functions and powers: 43 44 a. Set the general policies on the establishment and operations of the 45 ECOZONES, industrial estates, export processing zones, free trade zones, 46 and the like; 47 b. Review proposals for the establishment of ECOZONES based on the set 48 criteria under Section 6 and endorse to the Chief Minister the 49 establishment of the ECOZONES, industrial estates, export processing 50 zones, free trade zones and the like. Thereafter, it shall facilitate and assist 51 in the organization of said entities;

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1 c. Regulate and undertake the establishment, operation and maintenance of 2 ports, airfields, utilities, other services and infrastructure in the 3 ECOZONE, such as heat, light and power, water supply, 4 telecommunication, transport, print and media facilities, toll roads and 5 bridges, port services, etc., and to fix just, reasonable and competitive 6 rates, charges and fees therefore; 7 d. Approve the annual budget of the BEZA and the ECOZONE development 8 plans, with concurrence of the Chief Minister, which budget shall be 9 appropriated by the Bangsamoro Parliament. In case of delay in the 10 approval of the annual budget of the BEZA, it may operate on the basis of 11 the budget of the preceding year until such time as the annual budget is 12 approved; 13 e. Issue rules and regulations to implement the relevant provisions of this 14 Code in so far as its power and functions are concerned; 15 f. Exercise its powers and functions as provided for in this Code; and 16 g. Render annual reports to the Chief Minister and the Bangsamoro 17 Parliament. 18 19 Sec. 24. General Powers and Functions of the Authority. - The BEZA 20 shall have the following powers and functions as exercised through its agents and the 21 Executive Director II: 22 23 a. To operate, administer, manage and develop the ECOZONE according to 24 the principles and provisions set forth in this Code; 25 b. To register, regulate and supervise the enterprises in the ECOZONE in an 26 efficient and decentralized manner; 27 c. To coordinate with local government units and exercise general 28 supervision over the development, plans, activities and operations of the 29 ECOZONES, industrial estates, export processing zones, free trade zones, 30 and the like; 31 d. In coordination with the local government units concerned and 32 appropriate agencies, to construct, acquire, own, lease, operate and 33 maintain on its own or through contract, franchise, license, bulk purchase 34 from the private sector and build-operate-transfer scheme or joint venture, 35 adequate facilities and infrastructure, such as light and power systems, 36 water supply and distribution systems, telecommunication and 37 transportation, print and media facilities, buildings, structures, 38 warehouses, roads, bridges, ports and other facilities for the operation and 39 development of the ECOZONE, including shipping and related business, 40 stevedoring and port terminal services or concessions, incidental thereto 41 and airport operations in coordination with the Civil Aeronautics Board, 42 and fix just and reasonable rates, fares, charges and other prices therefore; 43 e. To create, operate and/or contract to operate such agencies and functional 44 units or offices of the authority as it may deem necessary; 45 f. To adopt, after and use a corporate seal; make contracts, lease, own or 46 otherwise dispose of personal or real property; sue and be sued; and 47 otherwise carry out its duties and functions as provided for in this Code; 48 g. To coordinate the formulation and preparation of the development plans 49 of the different entities mentioned above; 50 h. To coordinate with the Bangsamoro Planning and Development Authority 51 BPDA, the Ministry of Trade, Investments, and Tourism and the local

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1 government units and appropriate government agencies for policy and 2 program formulation and implementation; 3 i. To monitor and evaluate the development and requirements of entities in 4 subsection (a) and recommend to the local government units or other 5 appropriate authorities the location, incentives, basic services, utilities and 6 infrastructure required or to be made available for said entities; and 7 j. Within the limitation provided by law, to raise and/or borrow the 8 necessary funds from local and international financial institutions and to 9 issue bonds, promissory notes and other securities for that purpose and to 10 secure the same guarantee, pledge, mortgage, deed of trust, or assignment 11 of its properties held by the BEZA for the purpose of financing its projects 12 and programs within the framework and limitations of this Code. 13 14 Sec. 25. Powers and Functions of the Executive Director. - The 15 Executive Director II shall be the overall coordinator of the policies, plans and 16 programs of the ECOZONES. As such, he shall provide overall supervision over and 17 general direction to the development and operations of these ECOZONES. He shall 18 determine the structure and the staffing pattern and personnel complement of the 19 BEZA and establish provincial offices, when necessary, subject to the approval of the 20 BEZA Board. 21 22 In addition, he shall have the following specific powers and responsibilities: 23 24 a. To safeguard all the lands, buildings, records, monies, credits and other 25 properties and rights of the ECOZONES; 26 b. To ensure that all revenues of the ECOZONE are collected and applied 27 in accordance with its budget; 28 c. To ensure that the investors/firms, industrial estates and employees of 29 the ECOZONES are properly discharging their respective duties; 30 d. To give such information and recommend such measures to the Board, 31 as he shall deem advantageous to the ECOZONE; 32 e. To submit to the Board, the ongoing and proposed projects, work and 33 financial program, annual budget of receipts, and expenditures of the 34 ECOZONE; 35 f. To represent the ECOZONE in all its business matters and sign on its 36 behalf after approval of the Board, all its bonds, borrowings, contracts, 37 agreements and obligations made in accordance with this Code; 38 g. To acquire jurisdiction, as he may deem proper, over the protests, 39 complaints, and claims of the residents and enterprises in the 40 ECOZONE concerning administrative matters; 41 h. To recommend to the Board the grant, approval, refusal, amendment or 42 termination of the ECOZONE franchises, licenses, permits, contracts, 43 and agreements in accordance with the policies set by the board; 44 i. To require owners of houses, buildings or other structures constructed 45 without the necessary permit whether constructed on public or private 46 lands, to remove or demolish such houses, buildings, structures within 47 sixty (60) days after notice and upon failure of such owner to remove or 48 demolish such house, building or structure within said period, the 49 executive director or his authorized representative may summarily 50 cause its removal or demolition at the expense of the owner, any

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1 existing law, decree, executive order and other issuances or part thereof 2 to the contrary notwithstanding; 3 j. To take such emergency measures as may be necessary to avoid fires, 4 floods and mitigate the effects of storms and other natural or public 5 calamities; 6 k. To accept any local or foreign investment, business or enterprise in the 7 ECOZONE, subject only to such rules and regulations to be 8 promulgated by the BEZA without prejudice to the nationalization 9 requirements provided for in the Constitution; 10 l. To prepare and make out plans for the physical and economic 11 development of the ECOZONE, including zoning and land subdivision, 12 issue such rules and regulations which shall be submitted to the Board 13 for its approval, and; 14 m. To perform such other duties and exercises such powers as may be 15 prescribed by the Board, and to implement the policies, rules and 16 regulations set by the BEZA. 17 18 Sec. 26. Administration of each ECOZONE. - Except for privately-owned, 19 managed or operated ECOZONES, each ECOZONE shall be organized, administered, 20 managed by the ECOZONE executive committee composed of the following: 21 22 a. The Executive Director of the BEZA or any of his representatives; 23 b. The Administrator who shall be appointed by the BEZA Board upon 24 recommendation of the Executive Director, and who shall be responsible for 25 the day to day operations of the ECOZONE; and 26 c. One (1) Deputy Administrator to be appointed by the Board upon 27 recommendation of the Executive Director. 28 29 The Administrator and the Deputy Administrator shall be of proven probity and 30 integrity, and a degree holder in any of the following fields: economics, business, 31 public administration, law, accounting, management, engineering or their 32 equivalent, with at least four (4) years relevant working experience and with civil 33 service eligibility. The residents of the area, where the ECOZONE is located and/or 34 those with graduate level degrees, such as Masters in Public Administration, or 35 professional board passers shall be given priority in hiring. 36 37 Sec. 27. ECOZONE Advisory Council. - An ECOZONE advisory body shall be 38 created with the following members: 39 40 a. The President of the association of investors in the ECOZONE; 41 b. The Governor of the Province where the ECOZONE is located, who shall 42 be the Chairperson of the body; 43 c. The Mayor/s of the municipality/ies or city/ies where the ECOZONE is 44 located; 45 d. The Representatives of the business sector in the periphery of the 46 ECOZONE; and 47 e. Representatives of the BEZA. 48 49 Sec. 28. Functions. - The ECOZONE advisory body shall have the following 50 functions: 51

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1 a. Advise the ECOZONE management on matters pertaining to policy 2 initiatives; and 3 b. Assist the ECOZONE management in settling problems arising between 4 labor and any enterprise in the ECOZONE. 5 6 Privately-owned ECOZONES shall retain autonomy and independence but 7 shall be monitored by the BEZA for the implementation of incentives and 8 operations for adherence to the law. 9 10 Sec. 29. Personnel. - The BEZA Board of Directors shall provide for an 11 organization and staff of officers and employees of the BEZA, and upon 12 recommendation of the executive director with the approval of the Minister of 13 Trade, Investments, and Tourism, appoint and fix the remunerations and other 14 emoluments: Provided, That the Board shall have exclusive and final authority to 15 promote, transfer, assign and reassign officers of the BEZA, any provision of 16 existing law to the contrary notwithstanding. 17 18 Sec. 30. Investigation and Inquiries. - Upon a written formal 19 complaint made under oath, which on its face provides reasonable basis to believe 20 that some anomaly or irregularity might have been committed, the BEZA or the 21 Administrator of the ECOZONE concerned, shall have the power to inquire into the 22 conduct of firms or employees of the ECOZONE and to conduct investigations, and 23 for that purpose may subpoena witnesses, administer oaths, and compel the 24 production of books, papers, and other evidences: Provided, That to arrive at the 25 truth, the investigator (s) may grant immunity from prosecution to any person 26 whose testimony or whose possessions of documents or other evidence is necessary 27 or convenient to determine the truth in any investigation conducted by him or 28 under the authority of the BEZA or the administrator of the ECOZONE concerned. 29 30 31 Chapter 7 32 Halal Accreditation Board 33 34 Sec. 31. Creation and Mandate. - There is hereby created a Halal 35 Accreditation Board (HAB), which shall be the policy-making body of the 36 Bangsamoro Government on Halal Industry Development and shall set the overall 37 direction for the implementation of the Bangsamoro Halal Industry Development 38 and Promotion Program. It shall be attached to the Ministry of Trade, Investments, 39 and Industry.

40 In the performance of its mandate, the HAB shall institutionalize the 41 involvement of concerned Bangsamoro organizations and nongovernment 42 organizations. through membership in consultative or advisory bodies, coordination 43 of activities with government agencies with Halal Industry Development, and 44 participation in regular consultative mechanisms such as public hearings and 45 roundtable discussions.2 3 8

46 Sec. 32. Powers and Functions. - The HAB shall have the following 47 powers and functions:

238Derived from Sec. 5, RA No. 10817

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1 a. Grant or deny applications for issuance of certificates of accreditation of 2 halal standards; 3 b. Formulate, advocate, coordinate, oversee and assess the implementation of 4 the Bangsamoro Halal Development and Promotion Program; 5 c. Coordinate with existing government regulatory agencies on matters of 6 Halal standard setting, including the application thereof on products, 7 processes and services; 8 d. Promulgate policies and guidelines as necessary or proper for the 9 accomplishment of these objectives, including the HAB’s operation; 10 e. Create technical panels, working groups, or task forces that will assist the 11 HAB in the performance of its functions; 12 f. Investigate and make recommendations on complaints, controversies, or 13 disputes arising out of the implementation or enforcement of standards, 14 guidelines, rules and procedures adopted to promote and develop Halal 15 industries, the export of Halal products and the provision of Halal 16 processes and services, within the Bangsamoro Autonomous Region; 17 g. Request the assistance and cooperation of any ministry, bureau, office, 18 agency or instrumentality of the Bangsamoro Government, or private 19 entities and organizations in the implementation of its functions and the 20 attainment of the objectives hereof, including the carrying out of 21 recommendations as a result of investigations and studies made pursuant 22 to paragraphs (d) and (e) hereof; and 23 h. Perform such other powers and functions as may be prescribed by law, or 24 may be necessary, incidental, or proper to its mandate.2 3 9

25 Sec. 33. Composition of the HAB. - The Halal Accreditation Board shall 26 be composed of:

27 a. The Minister of Trade, Investments, and Tourism as Chairperson; 28 b. The Minister of Agriculture, Fisheries, and Agrarian Reform as Vice 29 Chairperson; 30 c. The Minister of Science and Technology; 31 d. The Minister of Health; 32 e. The Minister of Labor and Employment; 33 f. The Minister of Transportation and Communications; 34 g. The Mufti of the Bangsamoro Darul-Ifta’; 35 h. Representative from the Mindanao State University System; and 36 i. Two (2) Bangsamoro professionals from the academe, law, industry, or 37 food science who have experience in Halal industry development, to be 38 appointed by the Chief Minister from at least four (4) nominees 39 recommended by Bangsamoro civil society organizations.

40 The two (2) Bangsamoro professionals shall serve for a term of three (3) years, 41 and may be reappointed once.

42 The ex officio members of the Halal Accreditation Board may designate their 43 respective alternates who shall be at least Bureau Director in rank and their acts shall 44 be considered the acts of their principals.2 4 0

239 Derived from Sec. 6, RA No. 10817

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1 Sec. 34. Secretariat of the Halal Accreditation Board. - The Minister 2 of Trade, Investments, and Tourism, as Chairperson of the Halal Accreditation 3 Board, shall establish an interagency secretariat from the different bureaus of the 4 MTIT concerned with Halal production, promotion and export development, the 5 MAFAR and the MOST.

6 The Ministers of MAFAR and MOST shall assign technical staff of their 7 ministries as staff of the Secretariat. Other member agencies shall provide additional 8 staff support upon the determination of the necessity by the Chairperson and 9 conformity of the Halal Accreditation Board.2 4 1

10 11 Chapter 8 12 Bangsamoro Barter Trade Council 13 14 Sec. 35. Creation and Mandate.- The Bangsamoro Barter Trade Council 15 (BBTC) is hereby created with the mandate to accredit, regulate, supervise, 16 coordinate and harmonize all policies, operations, programs and activities of barter 17 trade in the Bangsamoro Autonomous Region. 18 19 Sec. 36. Functions of the BBTC. The BBTC shall have the following 20 powers and functions: 21 22 a. Create an environment conducive to barter and counter trade 23 development and growth in the Bangsamoro Autonomous Region, 24 BIMP-EAGA and ASEAN facilitating, among others, the participation of 25 small enterprises and entrepreneurs in barter trade; 26 b. Issue rules and regulations on the registration or accreditation of traders 27 qualified to engage in traditional barter trade within the Barter Ports to 28 be established, including imposition of reasonable registration fees and 29 facilitation of all documentary requirements necessary to avail of the 30 zero-tariff benefits under the ASEAN Free Trade Agreement and the 31 ASEAN Trade in Goods Agreement; 32 c. Issue comprehensive guidelines governing barter trade, including but not 33 limited to a mechanism for assessment of barter goods, a provision on 34 allowable barter goods, and measures to prevent smuggling and 35 circumvention of customs laws, rules and regulations; 36 d. It shall have regulatory powers over the operation of the barter trade in 37 the Bangsamoro Autonomous Region; 38 e. Review existing policies, rules and regulations of government agencies 39 affecting barter trade and submit recommendations to the Chief Minister 40 and the Parliament; 41 f. Call or invite representatives from among the major ethno-linguistic 42 groups and members of Indigenous Peoples in the Bangsamoro region to 43 participate in its proceedings; 44 g. Coordinate with other appropriate government agencies/institutions in 45 the performance of its mandate such as Coast Guard, Bureau of Customs,

240 Derived from Sec. 7, RA No. 10817 241 Derived from Sec. 8, RA No. 10817

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1 Bureau of Immigrations and Deportation, Department of Foreign Affairs, 2 Bureau of Quarantine, AFP, PNP; and 3 h. Perform such other function as may be assigned by law or the by the 4 higher authorities. 5 6 Sec. 37. Composition. - The BBTC shall be composed of the Minister of 7 Trade, Investments, and Tourism, as Chairperson; the Ministers of Finance, and 8 Budget and Management and of the Agriculture, Fisheries and Agrarian Reform as 9 Vice-Chairpersons; the Minister of the Interior and Local Government; the Director- 10 General of the Bangsamoro Planning the Development Authority; the Executive 11 Director of the Bangsamoro Economic Zone Authority; the General Manager of the 12 Bangsamoro Ports Management Authority; and the Director of the MARINA- 13 BARMM. 14 15 The BBTC may, as the need arises, coordinate with representatives of the 16 following national government agencies on matters pertaining to its functions: 17 18 a. Philippine Coast Guard; 19 b. Bureau of Customs; 20 c. Philippine Marines; 21 d. Philippine Navy; and 22 e. Philippine National Police. 23 24 Sec. 38. Secretariat. - The MTIT shall provide technical, administrative 25 and secretariat support to the BBTC in the exercise of its functions. 26 27 Sec. 39. Allowable Barter Goods. - Goods traded under the barter trade 28 system shall enter the Bangsamoro territory only through the Barter Ports 29 established for the purpose. 30 31 Qualified traders of allowable barter trade goods shall import or export their 32 goods only after securing the required goods declaration or export declaration, 33 clearances, licenses and other requirements prescribed under existing laws. In case 34 of importation, the release of goods from customs custody shall be subject to the 35 submission of requirements under relevant laws, rules and regulations. 36 37 38 39

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1 TITLE XV 2 TRANSPORTATION AND COMMUNICATIONS 3 4 5 Chapter 1 6 General Provisions 7 8 Sec. 1. Declaration of Policy. – The Bangsamoro Government is 9 committed to the promotion, maintenance, and expansion of viable, efficient, fast, 10 safe, and dependable transportation and communications systems as effective 11 instruments for regional development and economic progress. It shall not compete 12 as a matter of policy with private enterprise and shall operate transportation and 13 communications facilities only in those areas where private initiatives are inadequate 14 or non-existent. 15 16 Sec. 2. Mandate. - The Ministry of Transportation and Communications 17 (MOTC) shall be the primary policy, planning, programming, coordinating, 18 implementing, regulating, and administrative entity of the Bangsamoro Government 19 in the promotion, development, and regulation of dependable and coordinated 20 networks of transportation and communications systems, as well as fast, safe, 21 efficient and reliable transportation and communications services. 22 23 Section 3. Powers and Functions. – The Ministry of Transportation and 24 Communications has the following powers and functions: 25 26 a. Administer and enforce all transportation and communications laws, rules, 27 and regulations within its jurisdiction and deputize appropriate law 28 enforcement agencies for the purpose; 29 b. Formulate and recommend regional policies and guidelines on matters 30 relative to transportation and communications; 31 c. Grant regional franchises, licenses, and permits to and exercise quasi- 32 judicial powers over land, sea, and air transportation plying routes within 33 the Bangsamoro Autonomous Region; 34 d. Register land, sea, and air transportation operating exclusively within the 35 Bangsamoro Autonomous Region; 36 e. Manage navigation in inland waterways within the Bangsamoro 37 Autonomous Region; 38 f. Manage or supervise the landside operation of ports and airports in the 39 Bangsamoro Autonomous Region, except those in economic zones; 40 g. Grant regional franchises, licenses, and permits to telecommunication 41 utilities, including radio and television broadcasting companies, whose 42 frequencies are confined to and whose main offices are located within the 43 Bangsamoro Autonomous Region; 44 h. Issue certificates of public convenience and necessity, special permits, and 45 provisional authority to operate telecommunication companies in the 46 Bangsamoro Autonomous Region; 47 i. Register telecommunication companies in the Bangsamoro Autonomous 48 Region and exercise quasi-judicial powers over their operation;

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1 j. Register cargo forwarding, courier, and transport ticket sales services in 2 the Bangsamoro Autonomous Region; 3 k. Monitor the operation of the postal services in the Bangsamoro 4 Autonomous Region and recommend measures for its improvement; 5 l. Generate revenues and shares from the operations of public transportation 6 and communication utilities and determine or prescribe the pertinent rates 7 or charges, including penalties, except those already fixed by other bodies 8 in accordance with law; 9 m. Impose duties and fees on vessels registered with the Ministry and on 10 wharves constructed and maintained by the Bangsamoro Government; 11 n. Ensure, with the National Government, the free movement of vessels, 12 goods, and people in Zones of Joint Cooperation and the interconnectivity 13 of the islands and mainland areas comprising the Bangsamoro 14 Autonomous Region; 15 o. Exercise all other functions devolved to it by the National Government; 16 and 17 18 p. Perform such other functions as may be provided by law or higher 19 authorities. 20 21 Sec. 4. Organizational Structure. – The Ministry of Transportation and 22 Communications shall consist of the Ministry Proper, Ministry Services and Offices, 23 and such other appropriate divisions or units as may be necessary. 24 25 The sectoral offices shall be the: (1) Bangsamoro Telecommunications 26 Commission; (2) Bangsamoro Land Transportation Office; (3) Bangsamoro Land 27 Transportation Franchising and Regulatory Board; (4) Bangsamoro Ports 28 Management Authority; (5) Bangsamoro Maritime Industry Authority; (6) Civil 29 Aviation Authority of the Bangsamoro; (7) Civil Aeronautics Board of the 30 Bangsamoro; and (8) Other sectoral offices with specialization in the area of 31 transportation or communications that may be created by law. Each of these sectoral 32 offices shall be headed by a Director I. 33 34 35 Chapter 2 36 Ministry Proper 37 38 Sec. 5. Office of the Minister. – The Office of the Minister of 39 Transportation and Communications consists of the Minister, the Deputy Minister, 40 and the immediate staff. 41 42 Sec. 6. Powers and Functions of the Minister. - The Minister shall be 43 vested with the following powers and functions: 44 45 a. Recommend to the Bangsamoro Cabinet policies and programs related to 46 Transportation and Communications; 47 b. Administer the Ministry in accordance with law, relevant executive orders 48 and regulations issued by the Chief Minister;

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1 c. Manage the implementation of Ministry programs, projects, and activities; 2 d. Establish policies and standards for the operation of the Ministry pursuant 3 to the approved programs of the Bangsamoro Government; 4 e. Promulgate rules and regulations necessary to carry out Ministry’s 5 objectives, policies, functions, plans, programs and projects; 6 f. Promulgate administrative issuances necessary for the efficient 7 administration of the Ministry, and for proper execution of the laws 8 relative thereto. These issuances shall not prescribe penalties for their 9 violation, except when expressly authorized by law; 10 g. Exercise disciplinary powers over officers and employees under the 11 Ministry in accordance with law enacted by the Bangsamoro Parliament, 12 including their investigation and the designation of a committee or officer 13 to conduct such investigation; 14 h. Appoint all officers and employees of the Ministry except those whose 15 appointments are specifically vested in the Chief Minister or in some other 16 appointing authority; 17 i. Exercise jurisdiction over all bureaus, offices, agencies and corporations 18 under the Ministry as are provided by law, and in accordance with the 19 applicable relationships; 20 j. Delegate authority to officers and employees under the Minister's direction 21 in accordance with this Code; and 22 k. Perform such other functions as may be provided by law. 23 24 Sec. 7. Powers and Functions of the Deputy Minister. - The Deputy 25 Minister shall perform the following powers and functions:

26 a. Assist the Minister in implementing the policies of the Ministry; 27 b. Recommend policies for operations and program developments in the 28 Ministry; and 29 c. Perform such other functions as may be delegated by the Minister. 30 31 Sec. 8. The Bangsamoro Director-General. – The Bangsamoro 32 Director-General shall be the highest career official of the Ministry, with appropriate 33 eligibility. The Office of the Bangsamoro Director-General shall be responsible for 34 overseeing the administration, programs and strategic plan of the ministry. He/she 35 shall be the direct supervisor of the Service Directors of the Ministry. 36 37 38 Chapter 3 39 Structure of the Ministry 40 41 Sec. 9. Structure. - The Ministry of Transportation and Communications 42 shall be supported by Services, Bureaus, Divisions, Sections, and Units, such as but 43 not limited to: Administrative and Finance; Technical; Operations; Legal; Field; 44 Internal Audit Office, and the likes. 45 46 Sec. 10. Office for Land Transportation. – The Office for Land 47 Transportation, headed by a Director II and with support staff, shall assist the 48 Minister in the coordination of the programs, projects, activities, strategic

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1 communication, and capacity-building of the sectoral specialized in the area of land 2 transportation offices (currently, BLTO and BLTFRB). 3 4 Sec. 11. Office for Water Transportation. – The Office for Water 5 Transportation, headed by a Director II and with support staff, shall assist the 6 Minister in the coordination of the programs, projects, activities, strategic 7 communication, and capacity-building of the sectoral offices specialized in the area 8 of water transportation (currently, BMARINA and BPMA). 9 10 Sec. 12. Office for Air Transportation. – The Office for Air 11 Transportation, headed by a Director II and with support staff, shall assist the 12 Minister in the coordination of the programs, projects, activities, strategic 13 communication, and capacity-building of the sectoral offices specialized in the area 14 of air transportation (currently, CAAB and CABB). 15 16 Sec. 13. Office for Communications. – The Office for Communications, 17 headed by a Director II and with support staff, shall assist the Minister in the 18 coordination of the programs, projects, activities, strategic communication, and 19 capacity-building of the sectoral offices specialized in the area of communications 20 (currently BTC and BICTO). 21 22 23 Chapter 4 24 Sectoral Offices 25 26 Sec. 14. Bangsamoro Land Transportation Office. – Without 27 prejudice to the transfer of powers and functions from its national counterpart, the 28 Bangsamoro Land Transportation Office (BLTO) shall have the following powers and 29 functions in its area of jurisdiction, in accordance with law: 30 31 a. Issue driver’s license or permit and conductor’s license; 32 b. Register motor vehicles, including motorcycles and motorized tricycles; 33 c. Enforce all land-transportation and traffic laws, rules, and regulations and 34 impose fines and penalties as warranted; 35 d. Accredit driving schools and motor vehicle manufacturers, assemblers, 36 importers, and dealers; 37 e. Issue rules and regulations consistent with existing transportation and 38 other relevant laws to govern traffic and land transportation; 39 f. Fix and collect reasonable fees and charges for its services; and 40 g. Perform such related functions as may be provided by law higher 41 authorities. 42 43 Sec. 15. BLTO Organizational Structure. – The BLTO shall have three 44 divisions: (1) The Operations Division, under which shall be the BLTO District 45 Offices which shall handle licensing and registration and the Accreditation Unit 46 based in the BLTO Main Office which shall handle the accreditation of driving

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1 schools and manufacturers, assemblers, importers, and dealers; (2) The Law 2 Enforcement Division, based in the BLTO Main Office, which shall handle field 3 enforcement, investigation and adjudication of cases, intelligence gathering, traffic 4 safety, and road safety; and (3) The Management Information Division which shall 5 manage and integrate licensing, registration, accreditation, intelligence, accident, 6 and violation records. 7 The BLTO shall be headed by a Director III. Each of the three divisions shall 8 be headed by a Division Chief. 9 10 The size and staffing of the BLTO District Offices shall be determined based 11 on the number of licensing and registration applicants at ratios to be reviewed and 12 endorsed by the Minister every three (3) years for the approval of the Cabinet. 13 14 Sec. 16. Bangsamoro Land Transportation Franchising and 15 Regulatory Board. – Without prejudice to the transfer of powers and functions 16 from its national counterpart, the Board shall have the following powers and 17 functions: 18 19 a. Prescribe and regulate routes and areas of operation of public land 20 transportation services within the Bangsamoro Autonomous Region 21 through franchises or provisional permits; 22 b. Promulgate rules and regulations, including standards and safety 23 requirements, for land transportation utilities operating in the 24 Bangsamoro Autonomous Region, consistent with existing laws and 25 national policies; 26 c. Determine reasonable fares, rates, and other related charges relative to the 27 operation of public land transportation services within the Bangsamoro 28 Autonomous Region; 29 d. Exercise quasi-judicial functions, including the conduct of hearings and 30 the issuance of subpoena and subpoena duces tecum, in the enforcement 31 of public service laws on land transportation and BLTFRB rules and 32 regulations and impose lawful fines and penalties after due process; 33 e. Fix and collect reasonable fees and charges for its services; and 34 f. Perform such related functions as may be provided by law or higher 35 authorities. 36 37 Sec. 17. BLTFRB Organizational Structure. – The Bangsamoro Land 38 Transportation Franchising and Regulatory Board (BLTFRB) shall be composed of 39 the Board and its Executive Office. The Board shall be composed of the Minister of 40 Transportation and Communications as Chairperson, the Executive Director who 41 heads the Executive Office, and a representative from the organized transport sector 42 who shall be appointed by the Chief Minister under co-terminus status. 43 44 Sec. 18. Appeal from Board Decisions. – A party with standing may 45 appeal to the Chief Minister any decision, order, or resolution of the BLTFRB within 46 thirty (30) days from receipt thereof. Even without an appeal, the Chief Minister may 47 review any Board decision before it becomes final.

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1 2 Sec. 19. The Executive Office of the Board. – The Executive Office of 3 the Board shall be composed of two divisions: (1) The Franchising and Regulatory 4 Division which shall receive, conduct due diligence, and process franchise 5 applications for Board approval and implement BLTFRB rules and regulations 6 related to franchising; and (2) The Management Information Division which shall 7 provide the Board the data needed to determine routes, standards and safety 8 requirements, fares and related charges, and BLTFRB service fees. For the purpose 9 of receiving franchise applications and conducting due diligence on uncontested 10 routes, the Franchising and Regulatory Division may set up District Desks. 11 12 The Executive Office of the Board shall be headed by an Executive Director II 13 and each of the two divisions shall be headed by a Division Chief. The Executive 14 Director II shall have an immediate support staff who shall also serve as Secretariat 15 to the Board. 16 17 Sec. 20. The Civil Aviation Authority of the Bangsamoro. – Without 18 prejudice to the transfer of powers and functions from its national counterpart, the 19 Civil Aviation Authority of the Bangsamoro (CAAB) shall have the following powers 20 and functions: 21 22 a. Manage, supervise, and control government airports within the 23 Bangsamoro Autonomous Region, except the airside at such airports, 24 where aircraft are controlled and navigational aids and facilities are 25 located, which shall remain under the control and supervision of the 26 National Government; 27 b. Upon close consultation with the Civil Aviation Authority of the 28 Philippines (CAAP), promulgate rules and regulations to promote safety 29 and security in civil aviation in the Bangsamoro Autonomous Region, 30 which shall be consistent with existing law and international regulations 31 and standards; 32 c. Fix and collect reasonable fees and charges for the use of its airports and 33 related facilities under its control and supervision, as well as for its 34 services; 35 d. Recommend to the CAAP the designation and establishment of airways 36 between airports within and outside the Bangsamoro Autonomous Region; 37 e. Monitor private airport operations within the Bangsamoro Autonomous 38 Region and extend technical assistance, upon request; 39 f. Maintain and operate aircraft owned by the Bangsamoro Government; 40 g. Design, construct, maintain, and repair airports in the Bangsamoro 41 Autonomous Region in accordance with national standards set by the 42 CAAP; 43 h. Enforce RA 776 and other air transportation laws, rules, and regulations 44 and, upon observance of due process, impose penalties for violations 45 thereof; provided that, on appeal, the President of the Philippines shall 46 cause the CAAP to review the findings and conclusions of the CAAB and to 47 make recommendations relative thereto; and

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1 i. Perform such related functions related to civil aviation as may be provided 2 by law or higher authorities. 3 4 Sec. 21. CAAB Organizational Structure. – The CAAB shall be 5 composed of: (a) the Office of the CAAB Director; (b) the Airport Development 6 Division which shall study and recommend airways, plan and implement airports 7 development, and monitor private airport operations; and (c) the Airport Teams. 8 9 Each Airport Team shall be headed by an Airport Manager and shall have 10 three units: (1) The Airport Management Unit, which shall manage the landside 11 operations of the airport; (2) The Security and Intelligence Unit, which shall be 12 responsible for the security of the landside area of the airport and intelligence 13 networking to avert threats to airport security; and (3) The Aerodome Area Unit, 14 which shall be responsible for compiling and analyzing airport statistics, awarding 15 contracts for concessions in airports, and repairing, maintaining, and developing 16 airport facilities. The size and staffing of an Airport Team shall be determined by the 17 Minister of Transportation and Communications based on the volume of passengers 18 and cargo and the number of flights in the airport. 19 20 For the purpose of coordinating and consolidating intelligence gathering, 21 there shall be an Intelligence Officer in the Office of the CAAB Director in addition to 22 the immediate support staff. Similarly, there shall be a Management Information 23 Officer for consolidating and analyzing statistics on passengers, cargo, and aircraft 24 movement. 25 26 An Aircraft Management Division shall be added to the CAAB organizational 27 structure by the Chief Minister upon acquisition of aircraft by the Bangsamoro 28 Government. 29 30 Sec. 22. The Civil Aeronautics Board of the Bangsamoro. – Without 31 prejudice to the transfer of powers and functions from its national counterpart, the 32 Civil Aeronautics Board of the Bangsamoro (CABB) shall have the following powers 33 and functions: 34 35 a. Regulate the activities of air carriers, air freight forwarders, ticket sales 36 agents, and cargo sales agents operating in the BARMM, consistent with 37 existing laws; 38 b. Issue Certificate of Public Convenience to all private commercial airlines 39 and air freight and air cargo companies engaged in the commerce of air 40 transportation in the BARMM; 41 c. Enforce laws, rules and regulations for the preservation and safety of life 42 and limb and the enforcement of the rights of air travelers; 43 d. Determine reasonable fares, rates, and other related charges relative to the 44 operation of air transportation services within the Bangsamoro 45 Autonomous Region;

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1 e. Exercise quasi-judicial functions in the enforcement of public service laws 2 on air transportation and CABB rules and regulations and impose lawful 3 fines and penalties after due process; 4 f. Fix and collect reasonable fees for its services; and 5 g. Perform such related functions as may be provided by law or higher 6 authorities. 7 8 Sec. 23. CABB Organizational Structure. - The CABB shall be 9 composed of the Board and its Executive Office. The Board shall be composed of the 10 Minister of Transportation and Communications as Chairperson, the Minister of 11 Trade, Investments, and Tourism as Vice-Chairperson, the Executive Director II who 12 heads the Executive Office, a representative from the airline sector, and a 13 representative from the air freight and cargo sector. The two sector representatives 14 shall be appointed by the Chief Minister for a co-terminus term. 15 16 Sec. 24. Appeal from Board Decisions. – A party with standing may 17 appeal to the Chief Minister any decision, order, or resolution of the CABB within 18 thirty (30) days from receipt thereof. Even without an appeal, the Chief Minister may 19 review any Board decision before it becomes final. 20 21 Sec. 25. The Executive Office of the Board. – The Executive Office of 22 the Board shall be composed of three divisions: (1) The Air Carriers Accounting 23 Division which shall receive, conduct due diligence, and process applications for 24 permits from off-line carriers, airfreight forwarders, general/cargo sales agents, and 25 cargo sales/break-bulk agents of airfreight forwarders for Board approval; (2) The 26 Management Information Division which shall provide the Board the data needed to 27 determine standards and safety requirements, fares and related charges, and CABB 28 service fees; and (3) The Passenger Rights Division which shall maintain a Passenger 29 Rights Action Desk in each public airport. For the purpose of receiving applications 30 for permits and conducting due diligence, the Air Carriers Accounting Division may 31 set up District Desks. 32 33 The Executive Office of the Board shall be headed by an Executive Director II 34 and each of the three divisions shall be headed by a Division Chief. The Executive 35 Director II shall have an immediate support staff who shall also serve as Secretariat 36 to the Board. 37 38 Sec. 26. The Bangsamoro Maritime Industry Authority. – Without 39 prejudice to the transfer of powers and functions from its national counterpart, the 40 BMARINA shall have the following powers and functions: 41 42 a. Issue Certificate of Public Convenience (CPC) or Provisional Authority 43 (PA) to vessels home-ported and operating exclusively within the 44 Bangsamoro Autonomous Region; 45 b. Issue Special Permit (SP) to all vessels operating within the Bangsamoro 46 Autonomous Region;

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1 c. Issue Special Permit for the temporary utilization of domestic vessels in 2 the Brunei-Darussalam, Indonesia, Malaysia and Philippines-East ASEAN 3 Growth Area (BIMP-EAGA) routes; 4 d. Accredit banca operators whose principal office is located within the 5 Bangsamoro Autonomous Region; 6 e. Register vessels of all tonnages home-ported within the Bangsamoro 7 Autonomous Region; 8 f. Conduct safety inspection of vessels operating within the jurisdiction of the 9 Bangsamoro Autonomous Region so as to determine compliance with 10 Safety of Life at Sea (SOLAS) and manning requirements; 11 g. Issue Coastwise License, Bay and River License, and Pleasure Yacht 12 License on all domestic vessels home-ported within the Bangsamoro 13 Autonomous Region; 14 h. Issue Motorboat Operator’s License for operators of vessels weighing three 15 (3) Gross Registered Tonnages (GRT) and below which are home-ported 16 and are operating exclusively within the Bangsamoro Autonomous Region; 17 i. Issue licenses to shipyards within the Bangsamoro Autonomous Region, 18 subject to existing guidelines; 19 j. Issue Domestic Seafarer’s Identification and Record Book (SIRB), subject 20 to existing MARINA rules and regulations; 21 k. Determine reasonable fares, rates, and other related charges relative to the 22 operation of maritime transportation services within the Bangsamoro 23 Autonomous Region; 24 l. Fix and collect reasonable fees and charges for its services; 25 m. Approve the BMARINA trust fund annual plan and budget for the 26 utilization of its Fifty Percent (50%) share in its revenues remitted to the 27 Bangsamoro Treasury and submit the same for legislative appropriation; 28 and 29 n. Perform such related functions as may be provided by law or higher 30 authorities. 31 32 Sec. 27. BMARINA Organizational Structure. - The BMARINA shall be 33 composed of the Authority and its Executive Office. The Authority shall be composed 34 of the Minister of Transportation and Communications as Chairperson, the 35 BMARINA Administrator, the General Manager of the Bangsamoro Ports 36 Management Authority, and a representative from each of the following: the 37 Philippine Coast Guard, the Ministry of Trade, Industry, and Tourism, the Office of 38 the Chief Minister, and private maritime sector. The private sector representative 39 shall be appointed by the Chief Minister for a co-terminus term. 40 41 Sec. 28. Appeal from Authority Decisions. – A party with standing may 42 appeal to the Chief Minister any decision, order, or resolution of the Authority within 43 thirty (30) days from receipt thereof. Even without an appeal, the Chief Minister may 44 review any decision of the Authority before it becomes final. 45 46 Sec. 29. The Executive Office of the Authority. – The Executive Office 47 of the Authority shall be composed of the Office of the BMARINA Administrator and 48 the following divisions: (1) The Registration Division, which shall: receive, conduct

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1 due diligence, and process applications for the licensing, registration, accreditation, 2 and certification of vessels and operators, as well as maritime-related services and 3 suppliers of required onboard equipment; maintain and update the BARMM Register 4 of Ships; and register onboard books of vessels operating in the Bangsamoro 5 Autonomous Region; (2) The Ship Safety Certification Division, which shall 6 determine compliance of vessels and shipping companies operating in the 7 Bangsamoro Autonomous Region with maritime safety rules and regulations and 8 relevant laws, standards, code, and conventions, as well as safety management 9 systems; and (3) The Ship Retirement Division, which shall handle the retirement of 10 ships and their deletion from the BARMM Registry of Ships and the issuance of 11 export clearance for the sale of a BARMM-registered to a foreign national. 12 13 The Executive Office of the Authority shall be headed by the BMARINA 14 Administrator. Each division shall be headed by a Division Chief. 15 16 The Registration Division and the Ship Safety Certification Division shall have 17 provincial offices. The size and staffing of these provincial offices shall be 18 determined, based on the workload, by the Minister of Transportation and 19 Communications every three (3) years, subject to the approval of the Cabinet. 20 21 Sec. 30. The Bangsamoro Ports Management Authority. – The 22 Bangsamoro Ports Management Authority (BPMA) shall be composed of the 23 Governing Board and its Executive Office. The Governing Board shall be composed 24 of the Minister of Transportation and Communications as Chairperson; the BPMA 25 General Manager; the BMARINA Administrator; the Minister of Finance, and Budget 26 and Management; the Minister of Trade, Investments, and Tourism; the Minister of 27 Agriculture, Fisheries, and Agrarian Reform; the Minister of Public Works; the 28 Minister of Environment, Natural Resources, and Energy; the Director-General of 29 the Bangsamoro Planning and Development Authority; and a private sector 30 representative who shall be appointed by the Chief Minister for a co-terminus term. 31 32 Sec. 31. Powers and Functions of the BPMA. - In pursuing its mandate 33 to align all port facilities in the Bangsamoro Autonomous Region as vibrant links in 34 the nation’s overall Maritime Transport Chain, the BPMA as a whole shall have the 35 following powers and functions: 36 37 a. Manage all public ports in the Bangsamoro Autonomous Region, including 38 those in special economic zones; 39 b. Prescribe rules and regulations, procedures, and guidelines governing the 40 establishment, construction, maintenance, and operation of private ports 41 in the BARMM; 42 c. Regulate construction within a Port District; 43 d. Provide services (whether on its own or by contract) within the Port 44 District and the approaches thereof, including but not limited to: berthing, 45 towing, mooring, moving, slipping, or docking any vessel, loading or

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1 discharging any vessel; sorting, weighing, measuring, warehousing, or 2 otherwise, handling goods; 3 e. Exercise control over foreshore rights or leases vested in the BPMA; 4 f. Control, regulate, and supervise pilotage and the conduct of pilots in any 5 port in the BARMM; 6 g. Exercise police powers vested in the BPMA; 7 h. Collect fees and charges for the use of the premises, works, appliances, 8 facilities, or for services provided by or belonging to the BPMA or BPMA 9 contractors; and 10 i. Generally, exercise the powers of a corporation under the Corporation Law 11 in so far as they are not inconsistent with the provisions of the 12 Bangsamoro Organic Law, this Administrative Code, and other laws 13 passed by Parliament. 14 15 Sec. 32. Powers and Functions of the BPMA Governing Board. - 16 The BPMA Governing Board shall have the following powers and functions: 17 18 a. Prescribe guidelines, rules, and regulations governing the establishment 19 and management of ports and the use of lands and properties within Port 20 Districts, as well as the exercise of eminent domain; 21 b. Prescribe fees and charges to be collected by the BPMA; 22 c. Approve the BPMA trust fund annual plan and budget for the utilization of 23 its Forty Percent (40%) share in its revenues remitted to the Bangsamoro 24 Treasury and submit the same for legislative appropriation; 25 d. Awards major contracts, such as for major construction and arrastre 26 services; 27 e. Authorize the Chairperson or the General Manager to enter into contracts; 28 f. Evaluate the performance of the BPMA Executive Office; and 29 g. Formulate the strategic plan of the BPMA. 30 31 Sec. 33. BPMA Executive Organizational Structure. – The executive 32 function of the BPMA shall be lodged in the Office of the General Manager; the Port 33 Management Offices; the Terminal Management Offices; and the following staff 34 support services: (1) The Ports Development Service, which shall identify ports for 35 development, assess their feasibility, prepare the acquisition and development plans, 36 and monitor port establishment; (2) The Security and Intelligence Service, which 37 shall formulate guidelines, systems, and procedures on port security and evaluate 38 port security plans and their implementation; (3) The Management Information 39 Service, which shall provide the Governing Board the data needed to formulate 40 guidelines, rules, and regulations, as well as to prescribe fares and charges and port 41 service fees; consolidate statistics on port operations, including volume of passengers 42 and cargo and ship movement and specifications; and act as the monitoring arm of 43 the General Manager; and (4) The Engineering Service, which shall handle the repair 44 and expansion of port facilities and other public works in the Port District and advise 45 the General Manager in the procurement of port equipment. 46 47 The General Manager shall have an immediate support staff who shall also act 48 as Secretariat to the Governing Board. Aside from supervising the staff support

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1 services, the General Manager shall also supervise the Port Managers and Sub-Port 2 Managers. 3 4 Sec. 34. Port Management Offices and Sub-Port Management 5 Offices. – Port Management Offices shall be established in all major ports in the 6 BARMM while Sub-Port Management Offices shall be established in out-ports, 7 feeder ports, and municipal ports, wherever practicable. 8 9 The Port Management Office, headed by the Port Manager, shall be composed 10 of the following units: (1) The Facility Management Unit, headed by the Harbor 11 Master, which shall direct the movement of people and cargo in the port, maintain 12 port facilities, and award concessions in ports; and (2) The Port Security Unit, which 13 shall be in charge of regulating entry to and exit from the Port District, ensuring the 14 safety of passengers, workers, and cargo while they are in the port, and protecting 15 port facilities from human-caused harm. 16 17 The Sub-Port Management Office shall be similarly structured as the Port 18 Management Office but at a smaller scale. The Sub-Port Manager shall act as Harbor 19 Master. 20 21 The size and staffing of Port Management Offices and Sub-Port Management 22 Offices shall be determined, based on the volume of passengers and cargo and the 23 number and tonnage of ships docking, by the Minister of Transportation and 24 Communications every three (3) years, subject to the approval of the Cabinet. 25 26 Sec. 35. The Bangsamoro Telecommunications Commission. – The 27 Bangsamoro Telecommunications Commission (BTC) shall be composed of the 28 Commission and its Executive Office. The Commission shall be composed of 29 Commissioner and two (2) Deputy Commissioners, all of whom shall be appointed by 30 the Chief Minister for a six-year term. One Deputy Commissioner shall be a lawyer 31 while the other one shall be an electronics engineer. 32 33 Sec. 36. Powers and Functions of the Commission. – The 34 Bangsamoro Telecommunications Commission, en banc, shall exercise the following 35 powers and functions: 36 37 a. Exercise regulatory and quasi-judicial functions as an attached agency 38 under the Ministry of Transportation and Communications and prescribe 39 guidelines, rules, and regulations covering the exercise of those functions; 40 b. Issue Certificate of Public Convenience (CPC) for the operation of 41 communication utilities and services, radio communication systems, wire 42 or wireless telephone or telegraph systems, radio and television 43 broadcasting systems, and other similar public utilities in the Bangsamoro 44 Autonomous Region; 45

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1 c. Prescribe and regulate areas of operation of particular operators of public 2 service communications within the Bangsamoro Autonomous Region, and 3 determine and prescribe pertinent charges or rates except when already 4 established by law or convention; 5 d. Grant permit for the use of radio frequencies, in proper coordination with 6 the National Telecommunications Commission, for wireless telephone and 7 telegraph systems and radio communication systems including amateur 8 radio stations and radio and television broadcasting systems in the 9 Bangsamoro Autonomous Region, in accordance with national laws; 10 e. Administer the examination and licensing of radio operators in the 11 Bangsamoro Autonomous Region; 12 f. Fix reasonable fees and charges for BTC services; 13 g. Approve the BTC trust fund annual plan and budget utilizing its Forty 14 Percent (40%) share in its revenues remitted to the Office of the Regional 15 Treasurer and submit the same to the Minister of Transportation and 16 Communications for indorsement for legislative appropriation; and 17 h. Perform such related functions as may be prescribed by law. 18 19 Sec. 37. Appeal from Commission Decisions. – A party with standing 20 may appeal to the Chief Minister any decision, order, or resolution of the 21 Commission within thirty (30) days from receipt thereof. Even without an appeal, 22 the Chief Minister may review any Commission decision before it becomes final. 23 24 Sec. 38. The Executive Office of the Commission. – The Executive 25 Office of the BTC shall be composed of the Office of the Commissioner, the Provincial 26 Coordinating Offices, and the following divisions: (1) The Regulation Division, which 27 shall receive, conduct due diligence, and process applications for Certificates of 28 Convenience, permits to use radio frequencies, licenses for Commission approval; (2) 29 The Enforcement and Operations Division, which shall inspect all 30 telecommunication and broadcast facilities, including cable television systems and 31 other forms of radio services, and enforce laws against illegal possession, ownership, 32 or operation, as well as failure to comply with technical regulations and standards; 33 and (3) The Spectrum Planning and Management Division, which shall study 34 spectrum demand in the Bangsamoro Autonomous Region and request, if needed, or 35 assign specific frequencies. The Executive Office shall be headed by the 36 Commissioner who shall be assisted by the BTC Director and an immediate support 37 staff. Each Division shall be headed by a Division Chief. 38 39 The Provincial Coordinating Office shall assist the Regulation Division and the 40 Enforcement and Operations Division in the performance of their functions. The size 41 and staffing of the Provincial Coordinating Offices shall be determined, based on 42 workload, by the Minister of Transportation and Communications every three (3) 43 years, subject to the approval of the Cabinet. 44 45 Sec. 39. Project Management Offices. – The Minister may create Project 46 Management Offices for special projects that have a fixed term. Regular Ministry

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1 employees may be assigned to the Project Management Office but may be 2 supplemented by contractual employees or consultants who shall be co-terminus 3 with the Project. The creation of a Project Management Office shall be subject to the 4 approval of the Cabinet. 5

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1 TITLE XVI 2 BANGSAMORO COMMISSIONS 3 4 5 Chapter 1 6 Bangsamoro Women Commission

7 Sec. 1. The Bangsamoro Women Commission. – Pursuant to 8 Bangsamoro Autonomy Act No. 8, the Bangsamoro Women Commission (BWC) is an 9 attached agency of the Office of the Chief Minister. 10 11 The BWC shall promote, protect, and uphold women’s rights as human rights, 12 work for the elimination of all forms of discrimination against women, ensure that 13 legal measures are taken to promote gender justice, women’s rights and welfare, and 14 promote gender and development including the meaningful participation of women 15 in all levels of governance, policy and decision-making.2 4 2 16 17 It shall be the primary policy-making, coordinating, and monitoring body of 18 women, gender and development in the Bangsamoro Autonomous Region. 19 20 Sec. 2. Organizational Structure – The organizational structure of the 21 BWC shall be consistent with the provisions of Bangsamoro Autonomy Act (BAA) 22 No. 8. 23 24 Sec. 3. Powers and Functions of the BWC. — The powers and functions 25 of the BWC are those provided for under Sections 8 and 9, Title II of BAA No. 8. 26 27 28 Chapter 2 29 Bangsamoro Youth Commission 30 31 Sec. 4. The Bangsamoro Youth Commission. - Pursuant to 32 Bangsamoro Autonomy Act No. 10, the Bangsamoro Youth Commission (BYC) is an 33 attached agency of the Office of the Chief Minister. 34 35 The BYC shall be the primary policy-making and coordinating body of the 36 Bangsamoro Government in all matters affecting the youth. It shall ensure 37 compliance therewith by all ministries, agencies, offices, and other instrumentalities 38 of the Bangsamoro Government that are mandated to implement programs, projects, 39 and activities affecting the youth of the Bangsamoro Autonomous Region.2 4 3

40 Sec. 5. Organizational Structure – The organizational structure of the 41 BYC shall be consistent with the provisions of Bangsamoro Autonomy Act No. 10.

42 Sec. 6. Powers and Functions of the BYC. — The powers and functions 43 of the BYC are those provided for under Sections 7 and 8, Title I of BAA No. 10. 44

242 Sec. 4, Title I of BAA No. 8 243 See Sec. 6, Title I of BAA No. 10

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1 2 Chapter 3 3 Bangsamoro Sports Commission 4 (subject of a pending Cabinet bill)

5 Sec. 7. The Bangsamoro Sports Commission. – The Bangsamoro 6 Sports Commission hereinafter referred to as “BSC” is hereby created pursuant to 7 Section 20, Article IX of the Bangsamoro Organic Law. It shall formulate policy, 8 promote, regulate, coordinate, and implement programs for sports. It shall also 9 provide for system, support and assistance in the development of sports.

10 Sec. 8. Organizational Structure – The BSC shall have the following 11 organizational structure: (a) Commission Proper; (b) Office of the Chairperson; (c) 12 Office of the Secretariat; (d) Policy, Research, and Development Division; (e) 13 Regulatory, Promotion, and Coordination Division; and (f) Finance and 14 Administrative Division.

15 Sec. 9. Powers and Functions of the BSC. — The BSC shall have the 16 following powers and functions: 17 18 (a) To formulate policy on sports by: 19 20 1. conducting research that seeks to develop sports policies, promote, 21 uphold, and protect the welfare and rights of sportsman; 22 2. recommending sports policies for legislations by the Parliament; 23 3. recommending sports polices for appropriate action to the Bangsamoro 24 Government; 25 4. piloting special programs for the development of sports in the 26 Bangsamoro; 27 5. preparing the Bangsamoro Sports and Development Plan with the 28 participation of relevant ministries, agencies, offices and other 29 stakeholders; 30 6. undertaking basic and applied research on sports development 31 including the promotion and preservation of indigenous sports; 32 7. developing researching on sports as a vehicle for peace; and 33 8. undertaking research in making sports as instrument to fight against 34 criminalities, drugs, and violent extremism; 35 36 (b) To coordinate and promote sports by: 37 38 1. coordinating and maintaining linkages with the Philippine Sports 39 Commission, National Sports Commission or organizations of other 40 countries, and other non-governmental organizations, local or foreign, 41 whose main objective is sports promotion and development 42 2. closely working with and coordinate with the Bangsamoro Planning 43 and Development Authority to generate sports data in furtherance of 44 evidence- based policies for the welfare of sportsman; 45 3. engaging youth, out-of-school youth, marginalized children, persons 46 with disability, and other vulnerable sectors to develop their potential 47 in sports;

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1 4. working with law enforcement agencies, Shari’ah and regular courts, 2 and other institutions and stakeholders to address sports issues; 3 5. convening a Sports Advisory Council composed of representatives of all 4 sports stakeholders both from public and private sectors; 5 6. assisting in the establishment of regional, provincial, municipal and 6 barangay or school district sports promotion and development 7 councils, which shall initiate, conduct and coordinate sports activities 8 in their respective jurisdictions; 9 7. assisting the local government units in promoting sports at the 10 community level, especially those included in the calendar of events of 11 regional, national and international competitions; 12 8. providing technical assistance and capacity building; 13 9. participating in the reporting to international bodies tasked to monitor 14 implementation of sports programs; 15 10. providing such incentives, recognition and awards to deserving athletes 16 and other persons and entities involved in or supporting sports 17 development as may be permissible under the rules of amateurism; 18 11. referring specific cases of sportsman needing assistance and 19 interventions to Bangsamoro Government agencies, national 20 government agencies and other stakeholders; and 21 12. establish and maintain fully-equipped sports facilities and centers in 22 strategic places in the area of autonomy and supervise the management 23 and maintenance thereof; 24 25 (c) To exercise regulatory power such as: 26 27 1. imposition sanctions upon any regional sports association, institution, 28 association, body, entity, and team including athletes and sports official 29 for violation of its policies, rules and regulations; 30 2. accreditation sports club and people’s organizations operating in the 31 Bangsamoro engaged in the protection and promotion of sports; 32 3. acquisition, procurement, distribution and use of sportswear, 33 equipment, instruments, tools and other sports necessities necessary 34 and required for training of regional pool of athletes; 35 4. defining and delineating areas of responsibilities in different sports 36 competition of all sectors involved in sports promotion and 37 development; and 38 5. monitoring, assessing and ensuring compliance of Bangsamoro 39 Government agencies with the issued guidelines and implementation of 40 their sports programs. For this purpose, the BSC may require all 41 ministries, agencies and offices of the Bangsamoro Government to 42 submit their sports plan and budget as well as regular reports on the 43 status of implementation and utilization thereof; 44 45 (d) To enter into contract in relation to their mandates; 46 (e) To acquire, possess, and dispose of real and personal properties in 47 furtherance of its mandates; 48 (f) Solicit and accept grants, aid, donations and gift, in cash or in kind, or 49 enter into agreements with any legitimate entity, local or foreign, 50 consistent with its mandate;

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1 (g) To acquire, use and control any land, building, facilities, equipment, 2 instruments, tools and rights required or otherwise necessary for the 3 accomplishment of the purposes of the BSC; 4 (h) ensure the implementation by various government departments and 5 agencies of their sports promotion and development programs as indicated 6 in their respective budgets; 7 (i) perform administrative functions, particularly: 8 9 1. implement its organizational structure and staffing pattern; 10 2. conduct performance audit over its personnel; 11 3. adopt: 12 13 i. an annual budget for the approval of the Parliament; 14 ii. strategic plans taking into account its context for purposes of 15 setting its priorities and for the proper allocation of its financial 16 and human resources; 17 iii. programs, activities, projects, services, and initiatives pursuant to 18 its mandate, powers, and functions; iv. communications and 19 information plans; v. monitoring and evaluation mechanisms; 20 iv. internal rules and manual of operations; and vii. seal and logo. 21 22 (j) The BSC may perform any and all other acts incidental to delivery of its 23 mandate. 24 25 Sec. 10. Relationship with the Ministry of Basic, Higher, and 26 Technical Education. – The Commission and its priority programs and projects 27 shall be implemented in the Bangsamoro Autonomous Region, without prejudice to 28 the Ministry of Basic, Higher, and Technical Education (MBHTE) on sports matters 29 within its jurisdiction covering schools in the region. The MBHTE may call upon the 30 Commission to provide technical assistance on matters pertaining to physical 31 education and sports development. Upon request of the Commission, all government 32 agencies with functions relative to the approval of the projects of the Commission or 33 its duly authorized and endorsed entities, whether government or private, shall act 34 upon and resolve the matter within ten (10) calendar days. Toward this end, the 35 Chairperson, with the approval of the Chief Minister, may establish an interagency 36 secretariat for the purpose of expediting the approval of said projects. 37 38 39 Chapter 4 40 Bangsamoro Commission on the Preservation of Cultural Heritage

41 Sec. 11. Bangsamoro Commission on the Preservation of Cultural 42 Heritage. – The Bangsamoro Commission on the Preservation of Cultural Heritage 43 (BCPCH) is hereby created, composed of a Chairperson and two (2) Commissioners. 44 It shall have the same status as the other agencies or offices of the Bangsamoro 45 Government attached to the Office of the Chief Minister.

46 Sec. 12. Mandate. – Pursuant to the Bangsamoro Organic Law, the 47 BCPCH shall have the primary responsibility to write the history of the Bangsamoro 48 people and to establish and sustain the cultural institutions, programs, and projects

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1 in the Bangsamoro Autonomous Region. The Commission shall coordinate and work 2 closely with the National Commission for Culture and the Arts, National Historical 3 Commission of the Philippines, National Museum of the Philippines, and other 4 concerned cultural agencies for the preservation of cultural heritage, shall establish 5 libraries and museums, declare and restore historical shrines and cultural sites to 6 preserve the Bangsamoro heritage for posterity. The Commission shall ensure the 7 inclusion of Philippine history, culture and heritage in the establishment of museums 8 and similar institutions, programs and projects to foster unity among the 9 Filipinos.2 4 4

10 Sec. 13. Management of Bangsamoro Historical and Cultural 11 Sites. - The National Government shall transfer the management of Bangsamoro 12 historical and cultural sites currently under the jurisdiction of the National Museum 13 of the Philippines, National Historical Commission of the Philippines, and other 14 agencies of the National Government to the BCPCH through intergovernmental 15 relations mechanisms. The BCPCH shall coordinate with relevant agencies of the 16 National Government on the regulation, excavation, and preservation of cultural 17 artifacts and on the recovery of lost historical and cultural heritage.2 4 5

18 Sec. 14. Functions of the BCPCH. – To conserve and promote the 19 Bangsamoro’s historical and cultural heritage, the BCPCH shall have the following 20 functions:

21 a. Support, monitor and systematize the retrieval and conservation of 22 artifacts of Bangsamoro culture and history and all Bangsamoro cultural 23 treasures from all over the Bangsamoro Autonomous Region and the 24 Philippine Archipelago; 25 b. Encourage and support the study, recognition and preservation of 26 endangered human cultural resources such as weavers, chanters, dancers, 27 and other craftsmen as well as the conservation and development of 28 artistic, linguistic and occupational skills that are threatened with 29 extinction; 30 c. Support and promote the establishment and preservation of cultural and 31 historical monuments, markers, names and sites; 32 d. Encourage and support the establishment and/or maintenance all over the 33 Bangsamoro Autonomous Region of museums, libraries, archives, private 34 or public, as repositories, respectively of all cultural/historical artifacts and 35 artistic creation, printed works, archival records and all other materials 36 indispensable to the study and evaluation of Bangsamoro culture and 37 history; 38 e. Encourage the private sector to establish and maintain private museums 39 and libraries; 40 f. Encourage and support scholarly research into and documentation of 41 Bangsamoro cultural traditions, arts and crafts, as well as significant 42 cultural movements, achievements and personalities especially in the

244 See Sec. 25, Art. X, BOL 245 See Sec. 26, Art. X, BOL

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1 literary, visual and performing arts; and in mass media, as well as the 2 various aspects of Bangsamoro culture; 3 g. Encourage and support the writing of history from the Bangsamoro 4 perspective; and 5 h. Ensure that standards of excellence are pursued in programs and activities 6 implementing policies herein stated, it shall encourage and support 7 continuing discussion and debate, through symposia, workshops, 8 publications, etc., on the highest norms available in the matrix of 9 Bangsamoro culture.2 4 6 10 11 Sec. 15. Composition and Terms of Office. – The Commission en banc 12 shall be composed of a Chairperson and two (2) Commissioners, all of whom shall be 13 appointed by the Chief Minister. 14 15 The terms of office of the Chairperson and the two (2) Commissioners shall be 16 co-terminus with the appointing Chief Minister: Provided, however, That they shall 17 remain in office until their replacements shall have been appointed or an Officer-in- 18 Charge has been designated. 19 20 Sec. 16. Qualifications of the Chairperson and the 21 Commissioners. – The Chairperson and the Commissioners must be citizens of 22 the Philippines, residents of the Bangsamoro Autonomous Region, holders of a 23 college degree, have at least three (3) years of supervisory or managerial experience, 24 and of good moral character. 25 26 Sec. 17. The Executive Director, Functions Term of Office. - There 27 shall be an Executive Director, appointed by the Chief Minister, who shall be 28 responsible for implementing the policies, rules, regulations and directives of the 29 BCPCH and shall direct and supervise its day-to-day operation. The Executive 30 Director shall have supervision and control over the Coordination and Support 31 Services Division, and Administrative and Finance Division. 32 33 The specific functions of the Executive Director are as follows:

34 a. Execute the policies and measures approved by the Commission en banc 35 and be responsible for the efficient and effective day-to-day management 36 of the operations of the BCPCH. 37 b. Prepare the annual budget for the operations of BCPCH for submission to 38 the Commission en banc; 39 c. Prepare an annual report on the accomplishments of BCPCH for 40 submission to the Commission en banc, the Parliament and other 41 appropriate agencies of the Bangsamoro Government; 42 d. Perform such other duties as may be assigned to him by the Commission 43 en banc.

44 The Executive Director shall serve for a fixed term of four (4) years, subject to 45 reappointment.

246 Derived from RA No. 7356

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1 Sec. 18. Qualifications of Executive Director. – No person shall be 2 appointed as Executive Director of the Commission unless a citizen of the 3 Philippines, a resident of the Bangsamoro autonomous region, at least 30 years of 4 age, of good moral character a college graduate, and has at least three (3) years of 5 relevant experience in any of the following fields: law; economics; public 6 administration, commerce; management; social services; or finance. 7

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1 TITLE XVII 2 OTHER COMMISSIONS AND BODIES 3 4 5 Chapter 1 6 Bangsamoro Human Rights Commission

7 Sec. 1. The Bangsamoro Human Rights Commission. – Pursuant to 8 Bangsamoro Autonomy Act No. 4, the Bangsamoro Human Rights Commission 9 (BHRC) shall be the human rights institution in the Bangsamoro Government. As 10 such, it shall promote and protect human rights and, during armed conflict, uphold 11 international humanitarian law.2 4 7 12 13 The BHRC’s independence as an institution is guaranteed. It shall not be 14 subject to interference, directly or indirectly, from any government or private 15 entity.2 4 8 16 17 Sec. 2. Organizational Structure – The organizational structure of the 18 BHRC shall be consistent with the provisions of Bangsamoro Autonomy Act No. 4. 19 20 Sec. 3. Powers and Functions of the BHRC. — The powers and 21 functions of the BHRC are those provided for under Section 27, Article IV of BAA No. 22 4. 23 24 25 Chapter 2 26 Bangsamoro Internal Auditing Body

27 Sec. 4. Bangsamoro Internal Auditing Body. – The Bangsamoro 28 Internal Auditing Body (BIAB) is hereby created, to be headed by a Director III 29 assisted by support staff.

30 The BIAB’s independence as an institution is guaranteed. It shall not be 31 subject to interference, directly or indirectly, from any government or private 32 entity.2 4 9

33 Sec. 5. Mandate. –Pursuant to Section 2, Article XII of the Bangsamoro 34 Organic Law, the BIAB is established as an auditing body which shall have internal 35 auditing responsibility in accordance with Republic Act No. 3456, otherwise known 36 as the " Internal Auditing Act of 1992," as amended. The Bangsamoro Government 37 shall implement transparency and accountability mechanisms consistent with open 38 government practices and generally accepted financial management principles.

39 Sec. 6. Powers and Functions. – The Bangsamoro Internal Auditing Body 40 shall have the following powers and functions:

247 Sec. 10, Title A, Article III of BAA No. 4 248 Sec. 11, Title A, Article III of BAA No. 4 249 Derived from Sec. 11, Title A, Article III of BAA No. 4

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1 a. Conduct management and operations performance audit of the 2 Bangsamoro Government activities and units and determine the degree of 3 compliance with established objectives, policies, methods and procedures, 4 government regulations, and contractual obligations of the Bangsamoro 5 Government;2 5 0 6 b. Review and evaluate the soundness, adequacy, and application of 7 accounting, financial, and other operating controls in the Bangsamoro 8 Government, and promote the most effective control at reasonable cost;2 5 1 9 c. Review and appraise systems and procedures, organizational structures, 10 asset management practices, financial and management records, reports, 11 and performance standards of the Bangsamoro Government; 12 d. Analyze and evaluate management deficiencies and assist the Bangsamoro 13 Government by recommending realistic courses of action; 14 e. Consult with relevant stakeholders of the Bangsamoro Government to 15 ascertain the reliability and integrity of operation information reports 16 submitted by the respective Internal Audit Divisions or Offices of BARMM 17 Ministries/Offices/Agencies; 18 f. Maintain constructive cooperation with the Commission on Audit, which 19 has constitutional mandate to perform audit functions; and 20 g. Perform such other related duties and responsibilities as may be assigned 21 or delegated by the Bangsamoro Government, through the Chief Minister, 22 or as may be required by law.

23 Sec. 7. Organizational Structure. – The BIAB is composed of the Office 24 of the Internal Auditor with the rank of Director III, as Head of Office, with two (2) 25 divisions, which are: (a) the Operations Audit Division; and (b) the Management 26 Audit Division, each headed by Division Chiefs.

27 Sec. 8. Qualifications. – No person shall be appointed to the position of 28 Director III in the Office of the Internal Auditor unless he/she is a resident and 29 registered voter of the Bangsamoro Autonomous Region for at least three (3) years 30 prior to appointment, at least 30 years of age, a Certified Public Accountant or a 31 regular member of the Philippine Bar or possesses a Master’s degree in Business 32 Administration or Public Administration or Islamic Studies, with appropriate civil 33 service eligibility, with at least five (5) years supervisory experience in audit 34 operations and related works, and of proven honesty and integrity .

35 Sec. 9. Appointment. – The Director III shall be appointed by the Chief 36 Minister under co-terminus status. However, the BIAB shall maintain a level of 37 organizational independence to fulfill its responsibilities objectively.

250 Administrative Code of 1987 as adopted in DBM Circular Letter 2008-5, s. 2008 251 Administrative Order No. 278, s. 1992

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1 Sec. 10. Relationship with Internal Auditors of BARMM 2 Instrumentalities and Parliament. –The Resident Internal Auditors of the 3 BARMM Instrumentalities and Parliament shall submit their monthly audit reports 4 to the BIAB every tenth day of the succeeding month for consolidation. They shall 5 observe the Bangsamoro Internal Audit Charter and Standards to be developed by 6 the BIAB for uniform application among all ministries, agencies, and offices, 7 including the Parliament. For such purpose, the BIAB shall engage with the Resident 8 Internal Auditors regularly to maintain a reporting relationship that is both 9 substantive and communicative.

10 Sec. 11. Quarterly and Annual Reports. – For administrative purposes, 11 the BIAB shall report directly to the Chief Minister. The BIAB shall submit quarterly 12 and annual reports to the Chief Minister and the Speaker of the Bangsamoro 13 Parliament on the findings of the region-wide internal audit.2 5 2

14 15

252 Derived from Sec. 9, Chapter 1, Title XVII of MMA Act 287

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1 TITLE XVIII 2 ADMINISTRATIVE SERVICES 3 4 5 Chapter 1 6 Human Resource Development And Management 7 8 Sec. 1. Recruitment. - The recruitment of employees for appointment in the 9 career and non-career positions in all agencies and offices of the Bangsamoro 10 Government shall be open to all qualified men and women according to the principle 11 of merit, fitness and equality and shall be in accordance with existing Civil Service 12 rules and regulations. 13 14 All BARMM ministries, agencies and offices shall promulgate their respective 15 Merit Selection Plan (MSP) which shall embody the procedures, scope, and manner 16 in determining the qualified applicant or candidate for appointment to first and 17 second level positions in the career service. 18 19 It shall be guided by the following general policies: 20 21 a. There shall be equal opportunity for men and women at all levels of 22 positions in the BARMM bureaucracy, provided they meet the 23 minimum requirements of the position; 24 b. There shall be no discrimination in the selection of employees on 25 account of his/her gender, civil status, disability, religion, ethnicity or 26 political affiliation; 27 c. An applicant for employment in the first, second and third level 28 position, who is competent, qualified, and possesses the appropriate 29 civil service eligibility shall be considered for permanent appointment; 30 d. All candidates for appointment to first and second level positions in the 31 line departments, agencies and offices shall be screened by the 32 Personnel Selection Board (PSB) of the respective agency which shall 33 be created by the agency or office in accordance with existing Civil 34 Service law, rules and guidelines; 35 e. The comparative competence and qualification of candidates for 36 appointment shall be determined on the basis of: 37 38 i. Education and Training; 39 ii. Experience and Outstanding Accomplishments; 40 iii. Psycho-social Attributes and Personality Traits; and 41 iv. Potential 42 43 f. The appointing authority shall assess the merits of the PSB’s 44 recommendation for appointment and in the exercise of sound 45 discretion, select, in so far as practicable, from among the top five 46 ranking applicants deemed most qualified for appointment to the 47 vacant position; and

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1 g. The ministry/office/agency shall submit through the Office of the Chief 2 Minister, its proposed Merit Selection Plan to the Civil Service 3 Commission for approval.

4 However, recruitment and appointment of officials to third level positions 5 shall be governed by pertinent provisions as provided for in the qualifications set 6 forth in their respective ministries, agencies, commissions or offices. In addition, 7 applicants to said third level positions must possess executive and managerial 8 competence. 9 10 Sec. 2. Procedure. - The pertinent provisions of the CSC’s Omnibus Rules 11 on Appointments and Other Human Resource Actions shall be observed. 12 13 Sec. 3. Publication. - The Bangsamoro ministries, agencies, and offices 14 shall publish the vacant positions authorized to be filled and their corresponding 15 qualification standards and plantilla item numbers in the CSC Bulletin of Vacant 16 Positions in the Government in the CSC Website, the Bangsamoro Job Portal and/or 17 through other modes of publication. 18 19 The same shall likewise be posted in three (3) conspicuous places within the 20 Bangsamoro Autonomous Region for at least ten (10) calendar days. 21 22 Publication of a vacant position shall be valid until filled but not to exceed 23 beyond nine (9) months reckoned from the date the vacant position was published. 24 Should no appointment be issued within the 9-month period, the Bangsamoro 25 Government has to cause the republication and reposting of the vacant position. 26 27 Sec. 4. Exemptions. - The following positions are exempt from the 28 publication requirement.2 5 3 : 29 30 a. Primarily confidential; 31 b. Policy determining; 32 c. Highly technical; 33 d. Co-terminus with that of the appointing authority/officer including other 34 non-career positions such as contractual and casual identified under Sec. 35 9, Subtitle A, Title I, Book V of EO 292; 36 e. Reappointment (change of status to permanent) of those appointed on 37 temporary status for Category II positions under CSC MC No. 11, s. 1996, 38 as amended; or 39 f. Those to be filled by the existing regular employees in the agency in case 40 of reorganization/rationalization; provided, the approved staffing 41 pattern is posted in the agency bulletin boards and other conspicuous 42 places in its offices. 43 44 Sec. 5. Basis for Evaluation. - The selection line up shall reflect the 45 comparative competence and qualification of candidates on the basis of: 46 47 a. Education (30%) – include educational background which must be 48 relevant to the duties of the position to be filled.

253 Sec. 26, ORA OHRA

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1 b. Training (10%) – include successful completion of accredited training 2 courses which must be relevant to the duties of the position to be filled. 3 c. Experience (20%) – include occupational history, relevant work experience 4 acquired either from the government or the private sector, and 5 accomplishments worthy of special commendation. 6 d. Competency (Examination (10%), Interview (10%) and Moral Values 7 (20%) ) (40%) – refers to the measurable or observable knowledge, skills, 8 abilities, and behaviors of employees or staff critical to specific desired 9 outcomes defined in every position/item commonly known as successful 10 job performance. This is coupled by the commitment of the personnel to 11 perform and to act in a wide variety of situations. Examination and 12 interview shall be mandatory for positions with Salary Grade 10 and above. 13 14 Sec. 6. Placement to Entry Positions. 15 16 a. The Bangsamoro Job Portal shall serve as the main platform for accepting 17 job applications for placement to vacant positions. 18 b. Job applications submitted personally to the ministries and offices must be 19 processed and uploaded to the Bangsamoro Job Portal. For this purpose, a 20 Bangsamoro Job Portal Help Desk must be setup by the respective 21 ministries and offices to assist the prospective applicants. 22 c. Job applications and documents that are not registered and uploaded to 23 the Bangsamoro Job Portal may still be considered. 24 d. Each Ministry, Office, or Agency shall have their respective Recruitment, 25 Selection and Placement Board (RSPB) which shall deliberate the 26 positions, and screen applications. 27 e. A representative from the Office of the Chief Minister shall sit in the RSPB 28 of the respective ministries and offices. 29 f. The RSPB at the level of the ministries, offices and agencies shall 30 deliberate all positions and screening applications regardless of Salary 31 Grade; however, for positions with Salary Grade 25, the ministries, offices 32 and agencies shall submit the top (5) candidates to the Chief Minister for 33 final review, selection and appointment. 34 g. The duly constituted RSPB/Committee shall, thereafter: 35 36 i. Notify all applicants of the outcome of the preliminary 37 evaluation; 38 ii. Submit the selection line up to the RSPB/Committee for 39 deliberation en banc; 40 iii. The RSPB/Committee en banc shall then make a systematic 41 assessment of the competence and qualifications of candidates 42 for appointment to the corresponding level of positions; 43 iv. Evaluate and deliberate en banc the qualification of those listed 44 in the selection line up, and submit the list of candidates 45 recommended for appointment, specifying the highest five (5) 46 qualified candidates whose over-all point scores are comparably 47 at par, from which the appointing authority shall choose the 48 applicant to be appointed. 49

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1 h. The Appointing Authority shall assess the merit of the 2 RSPB/Committee’s recommendee for appointment and in the exercise 3 of sound discretion, select, in so far as practicable, from among the top 4 five (5) ranking applicants deemed most qualified for appointment to 5 the vacant position. 6 i. The Appointing Authority shall issue appointments in accordance with 7 the provisions of these Code. 8 j. The RSPB/Committee shall post a notice announcing the appointment 9 of an employee in three (3) conspicuous places in the Bangsamoro 10 Government Center a day after the issuance of the appointment for at 11 least fifteen (15) days. 12 13 Sec. 7. Filling-up of Positions. - In addition, the following reminders and 14 guidelines are hereby provided in filling up of positions in the Agency’s Staffing 15 Pattern: 16 17 a. The appointing authority shall designate competent and qualified 18 personnel to serve as members of the RSPB/Committee only in cases when 19 there are no appointed/designated personnel holding positions identified 20 to be members of the RSPB as suggested in the 2017 ORAOHRA; and 21 b. In the event that an RSPB/Committee member is also a candidate for a 22 specific vacant position, the appointing authority shall designate another 23 competent member to replace the concerned member during the 24 deliberations of the specific position. 25 26 Sec. 8. Services to be Outsourced. - In lieu of filling up vacant items, 27 certain services may be outsourced on a need basis, through the hiring of 28 consultants/job order/contract of service personnel, where no employer-employee 29 relationship exists, subject to the availability of funds for MOOE, and provided it is 30 consistent with the following: 31 32 a. Services/areas, which can be outsourced are limited to utility, building and 33 grounds maintenance, messengerial, security, transportation/ mobility, 34 and information technology; and 35 b. Pertinent budgetary, civil service, accounting and auditing rules and 36 regulations. 37 c. For functions identified to be performed by regular plantilla items, 38 COS/JO personnel may be allowed to perform the functions. However, 39 heads of offices will not be allowed to fill up the regular plantilla items; and 40 d. Service contract shall follow the existing guidelines on hiring COS and JO 41 employees, i.e. “no work, no pay” basis, no employer-employee 42 relationship. 43 44 Sec. 9. Rehiring of Retired/Separated Personnel. - As a reiteration of 45 Sec. 10, Art. XVI of RA No. 11054, “(a)ffected personnel who are retired or are 46 separated from the service shall not be re-employed in any agency of the 47 Bangsamoro Government or the National Government, including government- 48 owned or controlled corporations for a period of five (5) years. The retired or 49 separated personnel who are re-employed during the prohibited period shall 50 refund, on a pro-rated basis, the separation incentives they received x x x” 51

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1 Sec. 10. Promotion. - An employee may be promoted or transferred to a 2 position which is not more than three (3) salary steps or job rate higher than the 3 employee’s present position, except in very meritorious cases, such as, if the vacant 4 position is next-in-rank as identified in the System of Ranking Positions approved by 5 the head of the agency or office, or the lone or entrance position indicated in the 6 agency’s staffing pattern. 7 8 a. Before being considered for promotion, an employee should have rendered 9 at least a very satisfactory performance in his/her present position for the 10 last rating period; 11 b. The appointing authority may appoint an applicant who is not the next-in- 12 rank but possesses superior qualification/s and competence, and has 13 undergone the selection process; 14 c. An employee who is on local or foreign scholarship or training grant or on 15 a maternity leave may be considered for promotion. The performance 16 rating of the concerned employee shall be his/her rating immediately prior 17 to the scholarship or training grant or maternity leave. His/her promotion 18 shall be in effect upon assumption to duty; and 19 d. Promotion within six (6) months prior to compulsory retirement shall not 20 be allowed, except as otherwise provided by law.

21 Sec. 11. Grievance. - Grievance which refers to work related issued giving 22 rise to employee dissatisfaction shall be acted upon by the agency/office based on the 23 following guidelines: 24 25 a. A grievance shall be resolved expeditiously at all times at the lowest level 26 possible in any agency/office of the ARMM. However, if not settled at the 27 lowest level possible, an aggrieved party shall present his/her grievance 28 step by step following the hierarchy of positions; 29 b. All agencies shall establish a Grievance Machinery which is the best way to 30 address grievance between or among government officials and employees 31 to be approved by the Civil Service Commission; 32 c. The aggrieved party shall be assured freedom from coercion, 33 discrimination, reprisal and biased action on grievance; 34 d. Grievance proceedings shall not be bound by legal rules and technicalities. 35 Even verbal grievance must be acted upon expeditiously. The services of a 36 legal counsel shall not be allowed; 37 e. A grievance shall be presented verbally or in writing in the first instance by 38 the aggrieved party to his/her immediate supervisor. The latter shall, 39 within three (3) working days from the date of presentation, inform 40 verbally the aggrieved party of the corresponding action; 41 f. If the party being complained of is the immediate supervisor, the grievance 42 shall be presented to the next higher supervisor; 43 g. A Grievance Committee shall be created by every agency/office and shall 44 be composed of permanent officials and employees, whenever applicable, 45 based on his/her integrity, probity sincerity and credibility;

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1 h. The agency grievance committee shall develop and implement pro-active 2 measures that would prevent grievance, such as employee assembly which 3 shall be conducted at least every quarter, “talakayan”, counseling, HRD 4 interventions and other similar activities; 5 i. The Human Resource Management Office, in collaboration with the 6 agency Grievance Committee, shall conduct continuing information drive 7 on grievance machinery among its officials and employees; 8 j. The Grievance Committee shall establish its own internal rules, procedures 9 and strategies. Membership in the Committee shall be considered part of 10 the members‟ regular duties; 11 k. The following cases are considered as work-related grievance which may 12 be referred to the Committee: 13 14 i. Non-implementation of policies, practices and procedures on 15 terms and conditions of employment fixed by law, including 16 salaries, incentives, working hours, leave benefits and other 17 related personnel concerns; 18 ii. Non-implementation of policies, practices and procedures which 19 affect the employees from recruitment to promotion, detail, 20 transfer, retirement, termination, lay-off and other related issues 21 that affect them; 22 iii. Physical working conditions; 23 iv. Interpersonal relationships and linkages; 24 v. Protest on appointment; and 25 vi. All other matters giving rise to employee dissatisfaction and 26 discontentment outside of those cases enumerated above. 27 28 l. The following cases, however, shall not be acted upon through the 29 grievance committee: 30 31 i. Disciplinary cases which shall be resolved pursuant to the 32 Uniform Rules on Administration Cases; 33 ii. Sexual harassment cases as provided for in RA 7877; and 34 iii. Union related issues and concerns.

35 Sec. 12. Performance Management System. - In line with the policies 36 of the Civil Service Commission, all BARMM ministries, agencies and offices shall 37 adopt a Performance Management System (PMS) geared towards continuously 38 fostering improvement of organizational performance, employee effectiveness and 39 efficiency, and provision of an objective performance rating at individual and team 40 levels as basis for performance appraisal and recognition. 41 42 The PMS shall be guided by the following policies and procedures: 43 44 a. The PMS shall adhere to a results-based performance approach;

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1 b. The agency/office shall operate on the basis of the shared commitments 2 and objective measures of performance results. Performance targets and 3 standards or measures of results are planned and agreed upon by the 4 management, supervisors and employees and in accordance to the agency 5 organizational goals and mandates; 6 c. The PMS shall recognize the role of multi-stakeholders in its objective 7 assessment and feed-backing on individual employee performance; 8 d. The PMS shall apply to all employees in the career service in a certain 9 rating period, as may be determined by the agency/office. It may also 10 apply to employees in the non-career service, whenever appropriate; 11 e. A Performance Management Review Committee (PMRC) shall be created 12 in each agency/office and whose membership shall be determined by the 13 agency/office head. It shall formulate appropriate procedures and 14 mechanism to be observed in implementing the PMS; and 15 f. The PMRC shall review the comparative assessments of employees‟ 16 performance targets to ensure rationalization of employee workload, 17 particularly of those holding similar positions and working under the same 18 work conditions and recommends necessary modifications or corrective 19 action, if necessary.

20 Sec. 13. Incentives. - The Bangsamoro Government shall adopt the 21 Program on Awards and Incentives for Service Excellence (PRAISE) in line with the 22 Revised Policies on Employee Suggestions and Incentives Awards System (ESIAS) as 23 provided by the Civil Service Commission’s rules and regulations. 24 25 a. The PRAISE shall adhere to the principle of providing incentives and 26 awards based on performance, innovative ideas and exemplary behavior of 27 the deserving employees; 28 b. It shall encourage, recognize and reward employees, individually or in 29 groups, for their suggestions, innovative ideas, inventions, discoveries, 30 superior accomplishments, heroic deeds, exemplary behavior, 31 extraordinary acts or services in the public interest and other personal 32 efforts which contribute to the efficiency, economy, and improvement in 33 government operations, which lead to organizational productivity; 34 c. It shall be institutionalized in every BARMM ministry/agency/office 35 through the creation of a PRAISE Committee composed of key officials of 36 the agency/office and two (2) representatives from the rank-and-file, one 37 (1) from the first level and one (1) from the second level. The 38 representatives shall be chosen by the employees belonging to their 39 respective level; and 40 d. The Committee shall be responsible for the development, administration, 41 monitoring and evaluation of the awards and incentives system of the

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1 agency. The agency, may, however, employ an external or independent 2 body to assist in objectively implementing the system.2 5 4

3 4 Chapter 2 5 Procurement Management System 6 7 Sec. 14. Procurement Policy. – It is the policy of the Bangsamoro 8 Government to promote greater transparency, accountability, efficiency and equal 9 opportunity in the government procurement system in consonance with the 10 provisions of R.A. 9184 or the Government Procurement Reform Act, aimed to 11 safeguard government public resources against loss or wastage due to graft and 12 corruption, thereby generating substantial savings in the coffers of the Bangsamoro 13 Government. 14 15 Sec. 15. Scope and Coverage. – The Procurement Management System 16 shall govern all procurement of the Bangsamoro Government, ministries, bureaus, 17 agencies, offices and LGUs in terms of Civil Works, Goods, Supplies, Materials and 18 related services and consulting services. 19 20 Sec. 16. Creation of Bids and Awards Committee (BAC). – As a 21 general rule, there shall be a single BAC in each Ministry of the Bangsamoro 22 Government with the following functions: 23 24 a. Determine eligibility of bidders; 25 b. Receive and open bids; 26 c. Conduct evaluation of bids; 27 d. Undertake post-qualification; and 28 e. Recommend Award of the Contract.

29 Sec. 17. Composition of the BAC. – The BAC shall be composed of five (5) 30 members, three (3) of whom shall be regular members and the two (2) shall be 31 provisional members. 32 33 The Chairperson shall be at least a 3rd ranking official of the Agency and the 34 members shall be at least a 5th ranking permanent personnel. 35 36 (1) Regular Members: 37 38 The regular members shall be composed of: 39 40 Chairperson – who shall serve for three (3) years 41 1st Member – who shall serve for two (2) years 42 2nd Member – who shall serve for one (1) year 43 Thereafter, all regular members shall serve for a fixed term of three 44 (3) years. 45

254 Chapter 1, Title XXIII, MMA Act No. 287

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1 Technical, financial and legal areas of the agency shall each be represented in 2 the fixed term/regular members. In case of resignation, retirement, separation, 3 transfer, suspension, leave of at least six (6) months, the replacement shall serve only 4 for the unexpired term. One of the regular members may be designated as Vice- 5 Chairperson. 6 7 (2) Provisional Members: 8 9 The two (2) provisional members shall be technical members from 10 the project end-user/Project Management Office. 11 12 (3) Observers: 13 14 Aside from the five (5) members of the BAC, there shall be two (2) 15 observers from relevant sectors with no direct or indirect interest in 16 the contact to be bid, who shall sit and monitor in the proceedings. 17 The observers shall sit as non-voting members of the BAC.

18 Sec. 18. BAC Secretariat. – There shall be created a BAC Secretariat who 19 shall act as the main support unit of the BAC. The Head of the Secretariat in the 20 ministries shall be at least a 5th ranking official while in the bureaus and provincial 21 offices he/she shall be at least a 3rd ranking official. 22 23 The BAC Secretariat shall have the following functions: 24 25 a. Provide administrative support for the BAC; 26 b. Organize and make necessary arrangements for the BAC meetings; 27 c. Attend BAC meetings; 28 d. Prepare minutes of the BAC meetings; 29 e. Take custody of procurement documents; 30 f. Manage procurement processes for the BAC; 31 g. Monitor procurement activities and make proper report; 32 h. Make arrangements for pre-procurement, pre-bid and bid-opening; and 33 i. Central channel of communication

34 Sec. 19. BAC Technical Working Group (TWG). – The BAC shall also 35 create a Technical Working Group which shall assist in the eligibility screening and 36 evaluation of bids. The BAC TWG has a Jury Duty wherein its members shall give 37 utmost priority to BAC assignments over all other duties and responsibilities and 38 shall assist in the continuous procurement process. 39 40 Sec. 20. Administrative Penalties for Bidders and Prospective 41 Bidders. – The Procurement System of the Bangsamoro Government shall also 42 adopt measures to penalize erring bidders. 43 44 Sec. 21. Grounds for suspension of bidders. - Any of the following shall 45 be a ground to suspend bidders:

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1 2 a. Submission of eligibility requirements containing false information or false 3 documents; 4 b. Submission of bids that contain false information or falsified documents 5 or; concealment thereof; 6 c. Use of another name or allowing another bidder to use its name; 7 d. Withdrawal of bid or refusal to accept an award; 8 e. Refusal to post performance bond; 9 f. Termination of the contract due to its default; 10 g. Documented unsolicited attempt by a bidder to unduly influence the 11 outcome of the bidding; and 12 h. Other acts that tend to defeat the purpose of the bidding.

13 Sec. 22. Appeal. – The decision of the BAC in all stages of procurement 14 maybe appealed in writing by the bidders to the Head of the Agency. The appeal shall 15 be made in writing by filing of Position Paper containing the following: 16 17 Name of Bidder: 18 Office Address: 19 Name of Project: 20 Contract Number: 21 Facts of the complaint: 22 23 The decision of the head of agency shall be appealable to the Chief Minister 24 whose decision shall be final. 25 26 Sec. 23. Sanctions and Accountabilities. – The Procurement 27 Management System of the Bangsamoro Government shall also provide for 28 administrative sanctions and stiffer penalties in terms of fine and imprisonment for 29 all who do not abide by the provisions stated by law.2 5 5 30 31 32 Chapter 3 33 Financial Management System 34 35 Sec. 24. Fiscal Policy. – The Bangsamoro Government, in consonance with 36 the budget system of the national government, shall adopt a regional budget system 37 consisting of methods and practices of the government for planning, programming 38 and budgeting. It shall include the adoption of sound economic and fiscal policies 39 and the execution of programs and projects geared towards the accomplishment of 40 political, economic and social objectives. Its primary concern is the availability of use 41 of money to provide the services required as expected from the government. 42 43 The budget system of the Bangsamoro Government shall be interlinked with 44 other systems or techniques of national government to accomplish its objectives. The 45 systems of accounting, personnel administration are essential to the effective 46 operation of the budget system.

255 Secs. 6 to 14, Chapter 2, Title XXIII, MMA Act No. 287

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1 2 Under this system, the Bangsamoro Government shall carry out all 3 government activities under a comprehensive fiscal plan, which are authorized, 4 developed and executed in accordance with the constitution and the provisions of the 5 Bangsamoro Organic Law, prevailing statutes and the principles of sound public 6 management. It shall provide for periodic review and disclosure of the fiscal position 7 of the government in such detail that fiscal officers entrusted by law with the 8 responsibility of managing the fiscal affairs of the Bangsamoro Government can 9 determine its true financial position. 10 11 Sec. 25. Budgeting Process. – The budgeting process shall consist of 12 budget preparation, authorization, execution, and accountability. The process shall 13 consist of the following: 14 15 a. Budget Preparation - Preparation of budget estimates 16 b. Budget Authorization - Legislative authorization of the budget 17 c. Budget Execution - Allotment of the appropriations incurrence of 18 obligations 19 d. Budget Accountability - Reporting on actual performance against plans

20 Sec. 26. Fiscal Year. – The fiscal year of the Bangsamoro Autonomous 21 Region shall cover the period January 1 to December 31 of every year, in consonance 22 with the fiscal year of the national government.2 5 6 23 24 25 Chapter 4 26 Property, Facilities And Equipment Management 27 28 Sec. 27. Property Ownership. - The land, permanent buildings or 29 structures, facilities and equipment owned, controlled, administered, or in the 30 possession of the Bangsamoro Government, including those transferred and formerly 31 owned, held, administered, or controlled by the defunct autonomous governments in 32 Regions IX and XII and the properties and assets of offices previously devolved to 33 the former ARMM shall remain the property of the Bangsamoro Government. 34 35 As much as practicable, these properties shall be saved, retained, developed 36 and managed in pursuit to an effective and efficient delivery of services and 37 governance. 38 39 Sec. 28. Disposition of Real Properties located outside the 40 Bangsamoro Autonomous Region. - In the event the Bangsamoro Government 41 decides to dispose the real properties owned, controlled and administered by it 42 located outside the Bangsamoro Autonomous Region, these properties shall be 43 disposed in accordance with existing pertinent laws, rules and regulations of the 44 Bangsamoro Government.2 5 7 45 46 47 Chapter 5

256 Secs. 15 to 17, Chapter 3, Title XXIII, MMA Act No. 287 257 Secs. 18 to 19, Chapter 4, Title XXIII, MMA Act No. 287

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1 Gender And Development

2 Sec. 29. Gender and Development. - In the utilization of public funds, 3 the Bangsamoro Government shall ensure that the needs of the Bangsamoro people, 4 regardless of gender, are adequately addressed. For this purpose, at least five percent 5 (5%) of the total budget appropriation of each ministry, office, and constituent local 6 government unit of the Bangsamoro Autonomous Region shall be set aside for 7 gender-responsive programs, in accordance with a gender and development plan. In 8 the same manner, five percent (5%) to thirty percent (30%) of the official 9 development assistance received by the Bangsamoro Government shall be set aside 10 to complement the gender and development budget allocation.

11 The Bangsamoro Government, through the Bangsamoro Women Commission, 12 shall establish a mechanism for consultation with women and local communities to 13 further ensure the allocation and proper utilization of development funds. It shall 14 identify and implement special development programs and laws for women.2 5 8

15 16 17 TITLE XIX 18 NATIONAL GOVERNMENT AGENCIES IN THE BARMM 19 20 21 Chapter 1 22 Civil Service Commission for BARMM 23 24 Sec. 1. Civil Service Commission for BARMM. – The Bangsamoro 25 Government recognizes the establishment of the Civil Service Commission for 26 BARMM2 5 9 (CSC for BARMM) that exercises powers and duties granted by the 27 Philippine Constitution and in consonance with Executive Order No. 292. 28 29 Sec. 2. Bangsamoro Civil Service Code. - The Bangsamoro Parliament 30 may also enact a Bangsamoro Civil Service Code, as provided in the Bangsamoro 31 Organic Law, subject to the Constitutional mandate of the Civil Service 32 Commission.2 6 0 33 34 In cases of abolition of positions and the creation of new ones resulting from 35 the abolition of existing positions in the Bangsamoro Government, such abolition or 36 creation shall be made in accordance with Section 10, Article XVI of the Bangsamoro 37 Organic Law. The provisions of civil service laws, rules, and regulations shall apply 38 suppletorily.2 6 1 39 40 41 Chapter 2 42 Bangsamoro Electoral Office 43

258 See Sec. 5, Art. XIII, BOL 259 This is the new name of the former CSC-ARMM. 260 See Sec. 4(a) par. 2, Art. XVI, BOL 261 See Sec. 20 (d), Art. XII, BOL

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1 Sec. 3. Bangsamoro Electoral Office. – The Commission on Election 2 shall establish a Bangsamoro Electoral Office under its supervision and control 3 which shall implement and enforce its orders, rulings and decisions. The budget of 4 the Bangsamoro Electoral Office shall be part of the yearly budget of Commission on 5 Elections.2 6 2 6 7 Sec. 4. First Regular Election. - The first regular election for the 8 Bangsamoro Government under this Organic Law shall be held and synchronized 9 with the 2022 national elections. The Commission on elections, through the 10 Bangsamoro Electoral Office, shall promulgate rules and regulations for the conduct 11 of the elections, enforce and administer them pursuant to national laws, this Organic 12 Law and the Bangsamoro Electoral Code.2 6 3 13 14 15 Chapter 3 16 Police Regional Office in the Bangsamoro Autonomous Region 17 18 Sec. 5. Public Order and Safety. – The Bangsamoro Government 19 recognizes the establishment by the Philippine National Police of a Police Regional 20 Office in the Bangsamoro Autonomous Region, which shall be organized, 21 maintained, supervised, and utilized for the primary purpose of law enforcement and 22 maintenance of peace and order in the Bangsamoro in accordance with Republic Act 23 No. 6975, otherwise known as the " Department of Interior and Local Government 24 Act of 1990" as amended by Republic Act No. 8551, otherwise known as the 25 " Philippine National Police Reform and Reorganization Act of 1998." It shall be 26 under the direct operational control and supervision of the Philippine National 27 Police.2 6 4 28 29 Sec. 6. Police Regional Director. - The Police Regional Office in the 30 Bangsamoro Autonomous Region shall be headed by a Regional Director who shall, 31 upon consultation with the Chief Minister, be appointed in accordance with Republic 32 Act No. 6975, as amended.2 6 5

33 Sec. 7. Regional Office of the National Police Commission. - The 34 Bangsamoro Government recognizes the establishment by the National Police 35 Commission of a Bangsamoro Regional Office under its direct control, supervision, 36 and administration, in accordance with Republic Act No. 6975, as amended. The 37 Secretary of the Interior and Local Government shall appoint Regional Director who 38 shall head the National Police Commission Bangsamoro Regional Office.

39 The National Police Commission Bangsamoro Regional Office shall have the 40 power to investigate complaints against members of the Police Regional Office in the 41 Bangsamoro Autonomous Region. Appeals from the decisions of the National Police 42 Commission Bangsamoro Regional Office shall be filed with the National Police

262 See Sec. 40, Art. VII, BOL 263 See Sec. 13, Art. XVI, BOL 264 See Sec. 2, par. 1, Art. XI, BOL 265 See Sec. 2, par. 2, Art. XI, BOL

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1 Commission. Pending resolution of the appeal, the decision of the National Police 2 Commission Bangsamoro Regional Office may be executed.2 6 6

3 Sec. 8. Consultation with the Chief Minister on Police Matters 4 Affecting the Police Regional Office in the Bangsamoro Autonomous 5 Region. - The National Police Commission shall consult the Chief Minister on police 6 matters affecting the Police Regional Office in the Bangsamoro Autonomous 7 Region.2 6 7 8 9 10 Chapter 4 11 Jail Management and Penology 12 13 Sec. 9. Jail Management and Penology. – The Bangsamoro 14 Government recognizes the establishment by the Bureau of Jail Management and 15 Penology of a regional office in the Bangsamoro Autonomous Region under its direct 16 operational and administrative control and supervision, in accordance with Republic 17 Act No. 6975, as amended, and Republic Act No. 9263, otherwise known as the 18 " Bureau of Fire Protection and Bureau of Jail Management and Penology 19 Professionalization Act of 2004." The Bureau of Jail Management and Penology 20 shall support the regional office in the establishment, maintenance, and 21 improvement and procurement of jail facilities, the appropriation for the subsistence 22 of detainees and prisoners, the establishment, maintenance, operation, and 23 management of separate detention homes, and the designation of jail wardens.2 6 8 24 25 26 Chapter 5 27 Fire Protection 28 29 Sec. 10. Fire Protection. – The Bangsamoro Government recognizes the 30 establishment by the Bureau of Fire Protection of a regional office in the Bangsamoro 31 Autonomous Region under its direct operational and administrative control and 32 supervision, in accordance with Republic Act No. 6975, as amended and Republic Act 33 No. 9263. The Bureau of Fire Protection shall support the regional office in the 34 establishment maintenance, and improvement and procurement of fire protection 35 and prevention facilities, the enforcement of Republic Act No. 9514, otherwise known 36 as the " Fire Code of the Philippines of 2008," other existing laws on fire safety 37 enforcement, protection and prevention.2 6 9 38 39 Chapter 6 40 Coast Guard Services 41 42 Sec. 11. Coast Guard. – The Bangsamoro Government recognizes the 43 establishment by the Philippine Coast Guard of a regional office in the Bangsamoro 44 Autonomous Region which shall be organized, maintained, supervised, and utilized 45 for the primary purpose of law enforcement over coast guard matters. It shall be

266 See Sec. 3, Art. XI, BOL 267 See Sec. 4, Art. XI, BOL 268 See Sec. 5, Art. XI, BOL 269 See Sec. 6, Art. XI, BOL

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1 under the direct operational and administrative control and supervision of the 2 Philippine Coast Guard.2 7 0 3 4 5 Chapter 7 6 Local Government Finance 7 8 Sec. 12. Local Government Finance. – The Bangsamoro Government 9 recognizes the creation by the Department of Finance of a Bangsamoro Regional 10 Office of the Bureau of Local Government Finance in the Bangsamoro Autonomous 11 Region which shall have the authority to coordinate, assist, and monitor the treasury 12 and assessments operations of constituent local government units within the 13 Bangsamoro Autonomous Region in pursuance of good governance and local 14 autonomy. 15 16 The regional office shall be guided by the standards set by the Department of 17 Finance-Bureau of Local Government Finance including the requirements set for the 18 appointment of local treasurers.2 7 1 19 20 21 22 TITLE XX 23 GOVERNMENT OWNED AND CONTROLLED CORPORATIONS 24

25 Sec. 1. Creation of Government-Owned and Controlled 26 Corporations. – Upon coordination with the National Government, the 27 Parliament shall have the power to create government-owned or controlled 28 corporations in compliance with the provisions of Republic Act No. 10149, otherwise 29 known as the " GOCC Governance Act of 2011" by a grant of legislative charter or 30 under Batas Pambansa Blg. 68, otherwise known as " The Corporation Code of the 31 Philippines:" Provided, That those duly registered with the Securities Exchange 32 Commission may likewise operate outside the Bangsamoro Autonomous Region.

33 The Parliament may create pioneer firms and other business entities to boost 34 economic development in the Bangsamoro Autonomous Region.2 7 2

35 Sec. 2. Existing Government-Owned or Controlled Corporations 36 Operating Exclusively in the Bangsamoro Autonomous Region. - The 37 Bangsamoro Government shall have the authority and control over existing 38 government-owned or controlled corporations operating exclusively in the 39 Bangsamoro Autonomous Region after determination by the Intergovernmental 40 Fiscal Policy Board of their feasibility: Provided, That they shall have the option to 41 transfer their operations outside of the Bangsamoro Autonomous Region, which 42 shall be effected through the necessary changes in their governing boards.2 7 3

270 See Sec. 7, Art. XI, BOL 271 See Sec. 3, Art. XII, BOL 272 See Sec. 30, Art. Art. XII, BOL 273 See Sec. 31, Art. Art. XII, BOL

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1 Sec. 3. Existing Government-Owned or Controlled Corporations in 2 the Bangsamoro Autonomous Region. - The Bangsamoro Government shall be 3 represented in the board of directors or in the policy-making bodies of government- 4 owned or controlled corporations that operate a substantial portion of their business 5 directly or through their subsidiaries in the Bangsamoro Autonomous Region or 6 where the Bangsamoro Government has a substantial interest.

7 The Intergovernmental Fiscal Policy Board shall determine the extent of the 8 participation of the Bangsamoro Government as well as its shares from the results of 9 the operations of these corporations and their subsidiaries based on a formula that it 10 shall determine: Provided, That the Bangsamoro Government shall have at least one 11 (1) seat in the governing boards of the said corporations.2 7 4

274 See Sec. 32, Art. Art. XII, BOL

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1 BOOK VII 2 GENERAL PROVISIONS 3 4 5 Chapter 1 6 Applicability

7 Sec. 1. Scope. – This Code shall be applicable to all Ministries, Agencies, 8 Commission, Bureaus, and Offices of the Bangsamoro Autonomous Region in 9 Muslim Mindanao.2 7 5

10 Sec. 2. Gender. – Where a masculine noun or pronoun is used in this Code, 11 it shall likewise imply and include the corresponding feminine gender.2 7 6

12 Sec. 3. Collection and Remittance. – Fees, charges, levies, taxes, dues 13 and other income collected and received by income-generating agencies and GOCCs 14 of the BARMM shall be remitted to the account of the Bangsamoro Treasury Office. 15 The manner and regularity of remittance shall be in accordance with existing laws, 16 rules and regulations relative thereto.2 7 7

17 18 Chapter 2 19 Amendments or Revisions

20 Sec. 4. Amendments or Revisions. – Any amendment to, revision, or 21 repeal of this Code shall be made by law enacted by the Bangsamoro Parliament.

22 23 Chapter 3 24 Transitory Provisions

25 Sec. 5. Repealing Clause. —All laws, decrees, orders, rules and 26 regulations, or portions thereof, inconsistent with this Code are hereby repealed or 27 modified accordingly.

28 Sec. 6. Separability Clause. —In the event that any of the provisions of 29 this Code is declared unconstitutional, the validity of the other provisions shall not 30 be affected by such declaration.

31 Sec. 7. Effectivity. —This Code shall take effect fifteen (15) days after its 32 publication in a Newspaper of General or Regional Circulation.

275 Derived from Sec. 1, Chapter 1, Book V of MMA Act No. 287 276 Derived from Sec. 2, Chapter 1, Book V of MMA Act No. 287 277 Derived from Sec. 3, Chapter 1, Book V of MMA Act No. 287

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