Page 1 of 70 Committee Report No. ___ Republic of the Philippines Bangsamoro Autonomous Region in Muslim Mindanao BANGSAMORO TRANSITION AUTHORITY Bangsamoro Government Center, Governor Gutierrez Avenue, Rosary Heights VII, Cotabato City, Philippines Bangsamoro Transition Authority ) Bangsamoro Autonomous ) Region in Muslim Mindanao ) Second Regular Session ) COMMITTEE REPORT NO. 41 Submitted by the Committee on Rules October 26, 2020 RE: BTA Parliament Bill No. 60 Recommending its approval with amendments Author: Government of the Day MR. SPEAKER: The Committee on Rules, to which was referred BTA Parliament Bill No. 60, by the Government of the Day, entitled: “AN ACT PROVIDING FOR THE BANGSAMORO ADMINISTRATIVE CODE AND FOR OTHER RELATED PURPOSES” has considered the same and has the honor to report them back to the Bangsamoro Transition Authority Parliament with the recommendation that it be approved with the following amendments: Introductory Provisions 1. On page 1, Section 2. Purpose, delete the phrase “during the period of transition and shall remain effective until the regular Bangsamoro Government amends or repeals the same.” Thus, the paragraph shall now read as follows: Sec. 2. Purpose. – This Code is promulgated to prescribe the structural, functional and procedural principles and rules of governance of the Bangsamoro Autonomous Region in Muslim Mindanao. 2. On page 2, Section 3. Declaration of Principles and Policies, paragraph (a), delete the phrase “that allows its people”, place a comma after the word “democratic” and insert “and all government authority resides in the people who have the right, in accordance with law,”. Thus, the paragraph (a) shall now read as follows: Page 2 of 70 Committee Report No. 41 Sec. 3. Declaration of Principles and Policies. – The Bangsamoro Government hereby declares the following principles and policies as the basic foundation of the Code: a. The Bangsamoro Autonomous Region in Muslim Mindanao is an autonomous regional government with asymmetrical relationship with the Republic of the Philippines and shall be parliamentary in form. Its political system is democratic, and all government authority resides in the people who have the right, in accordance with law, to freely participate in the political processes; 3. On page 2, Section 3, insert a new paragraph (f) to read as follows: f. The Bangsamoro Government, its offices, agencies, including GOCC’s shall ensure full respect for human rights. In the performance of their duties and responsibilities, Ministries, Offices, Agencies in the BARMM, including GOCC’s shall include human rights protection and promotion in the formulation and implementation of plans, programs, projects and activities; 4. Renumber the succeeding paragraphs accordingly. 5. On page 2, Section 3, paragraph (f) now paragraph (g), delete the semi-colon after the word “LGUs” and insert the following phrases and sentence so that the provision shall read as follows: g. The Bangsamoro Government shall ensure the autonomy of its constituent Local Government Units (LGUs) without prejudice to the former’s authority to regulate the latter’s affairs for good governance guaranteed under the Organic Law and Bangsamoro Local Government Code. The privileges already enjoyed by local government units under Republic Act No. 7160, otherwise known as the “Local Government Code of 1991,” as amended, and other existing laws shall not be diminished; 6. On page 2, Section 3. paragraph (g), [now (h)], insert the phrase “and patrimony that are responsive to the needs of the Bangsamoro people, and” after the word “economy,” to read as follows: h. The Bangsamoro Government shall develop a self-reliant and independent regional economy and patrimony that are responsive to the needs of the Bangsamoro people, and effectively controlled by the Bangsamoro; 7. Insert a definition of “Asymmetrical relationship” under Section 4, Definition of Terms, to read as follows: “Asymmetrical relationship” refers to a relationship with the national government that is unlike those of other regions, having powers which other administrative regions do not exercise, and a structure that is likewise different from the said regions. In the case of the Bangsanoro Autonomous Page 3 of 70 Committee Report No. 41 Region, the asymmetry is reflective of the recognition of the distinct Bangsamoro identity and their aspiration for self-governance; 8. The definition of “Bangsamoro Government” in page 2, Section 4 is amended to read as follows: "Bangsamoro Government” refers to the corporate governmental entity with all the powers granted to it by the Constitution, Bangsamoro Organic Law and other statutes, as well as those necessary for, or incidental to, the governance of the Bangsamoro Autonomous Region in Muslim Mindanao, including the Bangsamoro Parliament, Government of the Day, and various instrumentalities through which political authority is exercised; 9. The definition of “Bangsamoro Organic Law” in page 3, Section 4 is amended to read as follows: “Bangsamoro Organic Law” refers to Republic Act No. 11054, also known as the “Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao”, the purpose of which is to establish a political entity, provide for its basic structure of government in recognition of the justness and legitimacy of the cause of the Bangsamoro People and the aspirations of Muslim Filipinos and all indigenous cultural communities in the Bangsamoro Autonomous Region in Muslim Mindanao to secure their identity and posterity, allowing for meaningful self-governance within the framework of the Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines; 10. The definition of “Ministry” in page 3, Section 4 is amended to read as follows: "Ministry" refers to a cabinet portfolio in the Bangsamoro Government exercising executive authority, as created by the Bangsamoro Organic Law and those that may be created by law passed by the Parliament; 11. The definition of “Government of the Day” in page 3, Section 4 is amended to read as follows: “Government of the Day” refers to the Cabinet headed by the Chief Minister, and composed of other Ministers appointed by him, majority of whom shall also be Members of the Parliament, that exercises executive authority in the Bangsamoro Government. The Government of the Day, during the transition period, is the Moro Islamic Liberation Front–led majority and other Members of the Bangsamoro Parliament who voted for the latter’s leadership therein; 12. The definition of “Popular Initiative” in page 4, Section 4 is amended to read as follows: “Popular Initiative” refers to the process whereby a bill is proposed directly by the people as part of participatory democracy in the Bangsamoro Autonomous Region; Page 4 of 70 Committee Report No. 41 13. The definition of “Settler Communities” in page 4, Section 4 is amended to read as follows: “Settler communities” refers to those who are not native inhabitants of the Bangsamoro Autonomous Region, but who came to permanently reside therein as part of the Philippine Government’s resettlement programs or who voluntarily opted to migrate thereto, as well as their descendants who continue to reside in the Bangsamoro; 14. Insert a definition of “Non-Moro Indigenous Cultural Communities/Indigenous Peoples” under Section 4 to read as follows: “Non-Moro Indigenous Cultural Communities/Indigenous Peoples” refer to a group of people or homogenous societies identified by self-ascription and ascription by others, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed and utilized such territories, sharing common bonds of language, customs, traditions and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, non-indigenous religions and cultures, became historically differentiated from the majority of Filipinos. ICCs/IPs shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country, at the time of conquest or colonization, or at the time of inroads of non-indigenous religions and cultures, or the establishment of present state boundaries, who retain some or all of their own social, economic, cultural and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains. They do not ascribe to the Moro Identity. 15. Insert a definition of “Bangsamoro Parliament” under Section 4 to read as follows: “Bangsamoro Parliament” refers to the body in which the powers of government lie, and exercises legislative powers, as opposed to the Cabinet, which exercises executive powers. Book I Bangsamoro Autonomy and Administration 16. On page 6, Chapter 1, Section 2 (C) Bangsamoro Territory, delete “North” in North Cotabato and change to “Cotabato” only. Thus: Sec. 2. Bangsamoro Territory. – The territorial jurisdiction of the Bangsamoro Autonomous Region shall be composed of: A. X x x; B. X x x; and C. The 63 barangays that opted for inclusion in the Bangsamoro Autonomous Region, during the plebiscite called for such purpose, namely: (1) Dunguan, and Tapodoc, all in Aleosan, Cotabato; Page 5 of 70 Committee Report No. 41 (2) Kibayao, Kitulaan, Langogan, Manarapan, Nasapian, Pebpoloan, and Tupig, all in Carmen, Cotabato; (3) Buluan, Nanga-an, Pedtad, Sanggadong,