Bangsamoro transition period explained

The transition period of the now-defunct Autonomous Region in Muslim Mindanao (ARMM) into the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) began when the Bangsamoro Organic Law was ratified in a two-part plebiscite held in January and February 2019. It is set to end after the first set of regular officials are elected in 2025.

Background

See main article: 2019 Bangsamoro autonomy plebiscite. The BARMM was created after residents of the then-existing ARMM voted to ratify the Bangsamoro Organic Law in January 2019. Cotabato City and 67 barangays in Cotabato province also voted to join Bangsamoro in the second part of the plebiscite in February 2019.

The initial members of the Bangsamoro Transition Authority (BTA) were sworn in by President Rodrigo Duterte on February 22, 2019, and the ARMM was officially turned over to the BARMM on February 26, 2019. The BARMM was inaugurated almost a month later on March 29, 2019, when the BTA, as the interim Bangsamoro Parliament, also held its first session. The Bangsamoro transition plan was then adopted by the Bangsamoro Parliament on June 18, 2019.[1]

The transition work was hampered by financial constraints with members of the BTA only receiving their salaries on the first week of July 2019. By that time, the BTA is still negotiating for a transition fund from the Department of Budget and Management and the slow transition work has led to President Rodrigo Duterte appointing Manny Piñol who resigned from his post as Agriculture secretary as a point man for the national government in dealing with the Bangsamoro regional government.[2]

The impact of the COVID-19 pandemic in the region has also impacted the work for the transition period which is supposed to end on June 30, 2022. The pandemic is cited for the reason for the non-passage of a Bangsamoro Electoral Code led to lobbying by the Bangsamoro regional government and some advocacy groups for the national government to postpone the elections.[3] [4] [5] The campaign was successful after President Rodrigo Duterte signed into law on October 28, 2021 the bill postponing the elections, and consequentially the end of the transition period, to 2025.[6]

Transition plan and priority laws

During the transition period, the Bangsamoro Transition Authority as the interim parliament had obligations to complete.

Transition plan

The Bangsamoro Organic Law mandates interim Chief Minister Murad Ebrahim to submit to the BTA within the first 60 days of the transition period a transition plan containing the Bangsamoro government's "proposed organizational plan, as well as, the schedule for implementation therefor." It also requires the approval or action of the BTA on the proposed plan within 10 days upon its submission. If there is failure to act upon the plan within 10 days, the plan would be automatically approved and implemented within 15 days. According to Murad the start of the transition period for the purpose of submitting the transition plan was on March 29, or the inaugural session of the interim parliament. The plan's deadline is stated to be in May 2018.

The transition plan was then submitted to the Bangsamoro Parliament on June 17, 2019, and was approved by the legislature the following day.[1]

Priority laws

The BTA as the interim Bangsamoro parliament is also required to pass into law "priority legislation" enumerated in the Bangsamoro Organic Law.[7] Following the fourth session of the parliament, eight ad hoc committees were formed to draft the priority legislations.[8] These committees were eventually dissolved and by August 2019, the interim Cabinet are working on the drafts instead. These drafts are still to be reviewed for adoption by the parliament.[9]

The first three of the six priority codes; namely the Administrative, Civil Service, and Local Government Codes were filed before the Bangsamoro Parliament on July 22, 2020[10] while the Education Code was filed on October 28, 2020.[11]

The Administrative Code was the first to be approved by the Parliament. The code as proposed under Cabinet Bill No. 60 was passed on October 28, 2020[12] and was signed into law by Chief Minister Murad Ebrahim on November 5, 2020.[13] The Civil Service Code was passed by the Parliament and was signed into law on February 24, 2021.[14] The Education Code became law on May 18, 2021.[15] The Electoral Code became law on March 9, 2023.[16] The Local Government Code became law on September 28, 2023.[17]

CodeLegislation No.Status
Bangsamoro Administrative CodeBangsamoro Autonomy Act No. 13
Bangsamoro Internal Revenue Code
Bangsamoro Civil Service Code Bangsamoro Autonomy Act No. 17
Bangsamoro Electoral Code Bangsamoro Autonomy Act No. 35
Bangsamoro Local Government Code Bangsamoro Autonomy Act No. 49
Bangsamoro Education Code Bangsamoro Autonomy Act No. 18

Inter-governmental relations bodies

The Bangsamoro Organic Law provides for the creation of Inter-governmental relations bodies (IGR) which would facilitate inter-governmental relations between the Bangsamoro regional government and the Philippine national government. Five IGRs including the National Government-Bangsamoro Government Intergovernmental Relations Body has been constituted as of September 2020.[18]

width=70%Inter-governmental relations bodywidth=30%Foundation or First meeting
National Government-Bangsamoro Government Intergovernmental Relations BodyDecember 16, 2020
Intergovernmental Fiscal Policy BoardMay 29, 2020
Intergovernmental Infrastructure Development BoardConstituted (First meeting to be held in October 2020)
Joint Body for the Zones of Joint CooperationJune 26, 2020
Intergovernmental Energy BoardConstituted
Philippine Congress-Bangsamoro Parliament ForumTo be constituted
Council of LeadersJanuary 18, 2021[19]
Bangsamoro Sustainable Development BoardTo be constituted

Reorganization of government agencies

Ministries

When the ARMM was succeeded by the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) in 2019, the regional departments of the former Autonomous Region in Muslim Mindanao were reconfigured into ministries of Bangsamoro.[20]

width=70%Preceding agency or agencies
width=30%Ministry
Ministry of Agriculture, Fisheries and Agrarian Reform[21]
Ministry of Basic, Higher and Technical Education
Ministry of Environment, Natural Resources and Energy[22]
Ministry of Health
Ministry of Public Works

Bangsamoro police

The Police Regional Office Autonomous Region in Muslim Mindanao (PRO ARMM) of the Philippine National Police (PNP) was organized sometime in 2019 as the Police Regional Office Bangsamoro Autonomous Region (PRO BAR).[23] Since the Bangsamoro autonomous region had a slightly larger scope than its predecessor, the new police regional office had to expand its jurisdiction as well. They were previous proposals to create an independent police force for the region, but did not materialize.[24]

By April 2019, the PRO BARMM had started its gradual takeover of additional areas. They started supervising the Cotabato City Police which is still administratively under the control of Police Regional Office 12.[25] They also began planning on how to put the barangays in Cotabato that are part of Bangsamoro under their jurisdiction.[23]

An agreement was signed on July 5, 2019, that would allow former fighters of the Moro Islamic Liberation Front (MILF) and Moro National Liberation Front (MNLF) rebel groups to join the PNP with age, height, and education requirements waived. However applicants through this process must attain the necessary educational requirements within 15 years after joining the police force.[26]

The integration progress began in April 2022 when the Bangsamoro government signed an agreement with the National Police Commission (Napolcom) regarding the Special Qualifying Eligibility Examination for ex-MILF and MNLF members.[27]

Integration of local government units

Barangays in Cotabato province

See main article: Bangsamoro barangays in Cotabato. Upon the effective foundation of the new Bangsamoro autonomous region, the 63 barangays in Cotabato province which voted to become part of Bangsamoro remained part of their parent municipalities. Their residents voted for municipal officials of their parent municipalities and Cotabato provincial officials in the 2019 Philippine general election.[28] The barangays could be reorganized into one or more municipalities or merged with any of the neighboring municipalities of Maguindanao.[29]

These barangays were still not under the effective control of Bangsamoro as of July 2019 since they were not yet officially turned over to Bangsamoro regional government which was initially set to occur once a local government code is passed by the Bangsamoro Parliament.[30]

With the local government code still pending, the official turnover took place on November 20, 2019.[31] [32] The Sangguniang Panlalawigan of Cotabato has passed a resolution concerning the transfer. Amidst budgetary concerns, the barangays were assured that they will still receive their Internal Revenue Allocation directly from the Department of Budget and Management after the transfer takes place.[33] By March 2020, the 63 barangays were already grouped into a Special Geographic Area of the Bangsamoro region.[34]

Cotabato City

The formal turnover of Cotabato City to the Bangsamoro regional government has met opposition from Cotabato City mayor Cynthia Guiani-Sayadi. Cotabato City voted in favor of its inclusion to the Bangsamoro region in the 2019 plebiscite but Sayadi had expressed intent to file electoral protest claiming irregularities in the conduct of the plebiscite in here city. A resident filed a protest. The Bangsamoro regional government has pushed for the formal turnover of Cotabato City to the region as soon as possible while Mayor Sayadi has formally requested President Rodrigo Duterte to defer the transfer of the city to Bangsamoro until June 30, 2022, when it is expected that the "BARMM bureaucracy would have been fully operational" or the original formal end of the transition period. Sayadi was informed that the Department of Interior and Local Government has deferred the transfer to at least December 2020.[35] [36]

The formal turnover of Cotabato City to the Bangsamoro regional government took place on December 15, 2020.[37] The turnover was scheduled after President Rodrigo Duterte had decided to follow the agreement with the Bangsamoro regional government.[38]

Shortly prior to the turnover, Cotabato City Mayor Sayadi alleged that she has received death threats which she cited as the reason her non-attendance to the turnover ceremony. One sender reportedly threatened the lives who openly rejected the integration of the city to Bangsamoro, and another warned that they would bomb the city.[39] Bangsamoro Interior Minister and spokesperson Naguib Sinarimbo, in response under the assumption that the MILF is being alleged as behind the threats, said that the rebel group has nothing to gain from issuing threats given that Cotabato City has voted for its inclusion to the Bangsamoro region.[39] Bangsamoro Chief Minister Murad Ebrahim has called for an investigation regarding the matter.[40]

Decommissioning of the MILF

Under the Comprehensive Agreement on the Bangsamoro signed between the Moro Islamic Liberation Front (MILF) and the Philippine national government in 2014, the rebel group would start to decommission its forces once the Bangsamoro autonomous region is set up. The decommissioning process is to be oversaw by the Independent Decommissioning Body in coordination with the Joint Normalization Committee and the Task Force for Decommissioned Combatants. The MILF started the first phase of the process when it submitted a list of its weapons and combatants for decommissioning to the government.[41] The list accounts for 12,000 militants or a third of the MILF's forces.[42]

The MILF will field candidates in the 2022 local elections through its political wing, the United Bangsamoro Justice Party.[43]

Government employees

By December 2019, about 5,000 government employees of the former Autonomous Region in Muslim Mindanao lost their jobs. Under the Bangsamoro Organic Law, workers hired on a permanent, temporary, casual or contractual basis and with appointments attested by the Civil Service Commission were entitled to certain retirement or separation benefits. Employees working in the education, health, and social welfare sectors, which are deemed as significant sectors were absorbed by the Bangsamoro government.[44]

Timeline

Comparisons

Body Autonomous Region in Muslim Mindanao Bangsamoro Autonomous Region in Muslim Mindanao
(National government only)
Constitutional documentARMM Organic Act (Republic Act No. 6734)Organic Law for the Bangsamoro Autonomous Region (Republic Act No. 11054)[52] Constitution of the Philippines
Head of the region or territoryRegional Governor of the ARMMWali of BangsamoroPresident of the Philippines
Head of governmentChief Minister of Bangsamoro
ExecutiveExecutive departments of the ARMMBangsamoro CabinetExecutive departments of the Philippines
LegislativeRegional Legislative AssemblyBangsamoro ParliamentBicameral Congress (Senate and House of Representatives)
JudiciaryNone (under Supreme Court)Bangsamoro Shari'ah court system (ultimately under Supreme Court)Supreme Court
Legal Supervisory
or Prosecution
None (under Philippine government)Planned (before 2016)Department of Justice (DOJ)
Police Force(s)Police Regional Office Autonomous Region in Muslim Mindanao (PRO ARMM)
(under the Philippine National Police)
Police Regional Office Bangsamoro Autonomous Region (PRO BAR)
(under the PNP)
Philippine National Police (PNP)
Shariah lawYes, for Muslims only"Code of Muslim Personal Laws of the Philippines" issued in 1977 under Presidential Decree No. 1083[53]

Notes and References

  1. News: Transition plan from ARMM to BARMM now in effect . July 22, 2019 . Philippine News Agency . June 19, 2019.
  2. News: Bangsamoro transition not 'slow' but lacking funds – BTA member . July 22, 2019 . CNN Philippines . July 7, 2019 . July 22, 2019 . https://web.archive.org/web/20190722071901/https://cnnphilippines.com/news/2019/7/7/Bangsamoro-Transition-Authority-funding.html . dead .
  3. News: Ismael . Javier Joe . Senate agrees to postpone BARMM polls . September 11, 2021 . The Manila Times . August 27, 2021 . en.
  4. News: Rebollido . Rommel . Regional polls postponement to help build 'strong Bangsamoro region' – BARMM execs . September 11, 2021 . Rappler . September 4, 2021 . en.
  5. News: Advocates make 'last 2 minutes' effort to get BARMM transition extension . September 11, 2021 . Philippine Daily Inquirer . August 31, 2021 . en.
  6. News: Galvez . Daphne . Duterte OKs postponement of first BARMM elections to 2025 . October 29, 2021 . Philippine Daily Inquirer . October 29, 2021 . en.
  7. News: Arguilas . Carolyn . BTA sessions resume nearly a month after inauguration . April 22, 2019 . MindaNews . April 22, 2019.
  8. News: BTA sets up committees for priority legislation . April 29, 2019 . BusinessWorld . April 28, 2019.
  9. Web site: BTA targets Bangsamoro gov't codes by end of 2019.
  10. News: BARMM Cabinet files 3 priority codes . July 22, 2020 . GMA News . July 22, 2020.
  11. News: Iqbal files Education Code, says no Bangsamoro child shall be left behind. November 12, 2020 . Manila Bulletin . October 29, 2020.
  12. News: Bangsamoro parliament approves administrative code bill . October 28, 2020 . ABS-CBN News . October 28, 2020 . en.
  13. News: CM Ebrahim inks Bangsamoro Administrative Code . November 7, 2020 . Politiko Mindanao . November 6, 2020.
  14. News: Transition body approves Bangsamoro Civil Service Code . February 25, 2021 . CNN Philippines . February 24, 2021 . February 25, 2021 . https://web.archive.org/web/20210225010930/https://www.cnnphilippines.com/news/2021/2/24/Bangsamoro-Transition-Authority-approves-Civil-Service-Code-.html . dead .
  15. News: BARMM education code signed into law . May 19, 2021 . BARMM Official Website . Bangsamoro Information Office . May 19, 2021.
  16. News: CM Ebrahim: Enactment of Bangsamoro Electoral Code brings hope for fair, inclusive elections . March 11, 2023 . BARMM Official Website . Bangsamoro Information Office . March 10, 2023.
  17. News: Local governance code enactment heralds decentralization, efficient service delivery in BARMM . February 7, 2024 . BARMM Official Website . Bangsamoro Information Office . September 29, 2023.
  18. News: Arguillas . Carolyn . Mid-term review recommends extension of Bangsamoro transition until June 2025 . October 14, 2020 . MindaNews . October 12, 2020.
  19. Bangsamoro Government . 1351520934939619329. BangsamoroGovt . January 19, 2021 . LOOK: Bangsamoro Chief Minister Ahod "Al Haj Murad" Ebrahim administered the oath taking of the members of the BARMM's Council of Leaders on Monday, Jan. 18 at the Bangsamoro Government Center in Cotabato City. . https://twitter.com/BangsamoroGovt/status/1351520934939619329 . live . https://web.archive.org/web/20210625062241/https://twitter.com/BangsamoroGovt/status/1351520934939619329 . June 25, 2021.
  20. Web site: Funding The Transition To BARMM: Mandates, Myths And Reality . Institute for Autonomy and Governance . June 17, 2019.
  21. News: Macabalang . Ali . Officials upbeat about full transition of BARMM from interim status . July 17, 2019 . Manila Bulletin . July 17, 2019 . July 17, 2019 . https://web.archive.org/web/20190717131511/https://news.mb.com.ph/2019/07/17/officials-upbeat-about-full-transition-of-barmm-from-interim-status/ . dead .
  22. News: Macabalang . Ali . Bangsamoro region's bureaucracy completed . August 12, 2019 . Manila Bulletin . August 11, 2019 . August 12, 2019 . https://web.archive.org/web/20190812011415/https://news.mb.com.ph/2019/08/11/bangsamoro-regions-bureaucracy-completed/ . dead .
  23. News: Unson . John . Cotabato City cops can join BARMM or transfer to PRO-12 . March 26, 2019 . The Philippine Star . March 25, 2019 . The PRO-BARMM, originally PRO-ARMM, covers Maguindanao and Lanao del Sur, both in mainland Mindanao, and the island provinces of Basilan, Sulu and Tawi-Tawi..
  24. News: Revita . Juliet . Bangsamoro police to still under PNP . May 24, 2019 . Sun Star . August 3, 2018.
  25. News: Unson . Johm . BARMM police now in control of Cotabato City . May 24, 2019 . NDBC News . April 30, 2019 . https://web.archive.org/web/20190524095334/https://www.ndbcnews.com.ph/news/barmm-police-now-in-control-of-cotabato-city . May 24, 2019 .
  26. News: Macabalang . Ali . Former MILF, MNLF combatants may now apply with PNP Former MILF, MNLF combatants may now apply with PNP . July 22, 2019 . Manila Bulletin . July 8, 2019 . July 22, 2019 . https://web.archive.org/web/20190722065148/https://news.mb.com.ph/2019/07/08/former-milf-mnlf-combatants-may-now-apply-with-pnp/ . dead .
  27. News: Sumangil . Franz . Moro rebels' integration into national police starts . 15 April 2022 . The Manila Times . 15 April 2022 . en.
  28. News: Arguilas . Carolyn . Pikit's fate: 20 barangays remain with North Cotabato, 22 joining BARMM . February 9, 2019 . Minda News . February 8, 2019.
  29. News: Layug . Margaret Claire . What happens to Cotabato barangays not part of new Bangsamoro region? . May 22, 2019 . GMA News . February 8, 2019 . English, Filipino.
  30. News: Fernandez . Edwin . NoCot guv, BARMM chief meet on fate of 63 villages . July 22, 2019 . Philippine News Agency . July 21, 2019.
  31. News: Macabalang . Ali . BARMM to assume official supervision over 63 NorCot villages on Nov. 20 . November 13, 2019 . Manila Bulletin . November 13, 2019 . November 13, 2019 . https://web.archive.org/web/20191113043705/https://news.mb.com.ph/2019/11/13/barmm-to-assume-official-supervision-over-63-norcot-villages-on-nov-20/#disqus_thread . dead .
  32. News: Cabrera . Ferdinandh . 63 North Cotabato villages officially now part of BARMM . April 19, 2020 . NDBC News . November 20, 2019 . August 4, 2020 . https://web.archive.org/web/20200804202800/http://ndbcnews.com.ph/news/63-north-cotabato-villages-officially-now-part-barmm . dead .
  33. News: Cayon . Manuel . North Cotabato's 63 barangays to be turned over to Barmm . November 15, 2019 . BusinessMirror . November 15, 2019.
  34. Web site: BARMM records 2 Covid-19 deaths, 2 infected.
  35. News: Macabalang . Ali . Debate on Cotabato City's turnover for BARMM supervision lingers . April 19, 2020 . Manila Bulletin . January 15, 2020.
  36. News: Arguillas . Carolyn . Cotabato City seeks exclusion from BARMM until June 30, 2022 . April 19, 2020 . MindaNews . February 17, 2020.
  37. News: Ropero . Gillan . Cotabato City formally joins Bangsamoro gov't . 15 December 2020 . ABS-CBN News . 15 December 2020 . en.
  38. News: Solaiman . Taher . Cotabato City formally joins Bangsamoro on Dec. 15 . December 1, 2020 . Inquirer.net . November 30, 2020.
  39. News: Sarmiento . Bong . Maitem . Jeoffrey . Cotabato City mayor will not show up in city's turnover to the BARMM, cites threats to her life . December 15, 2020 . Philippine Daily Inquirer . December 15, 2020 . en.
  40. News: Maitem . Jeoffrey . BARMM Chief Minister orders probe on alleged threats vs Cotabato City mayor . December 15, 2020 . Philippine Daily Inquirer . December 15, 2020 . en.
  41. News: First phase of MILF decommissioning underway as Bangsamoro region takes off . July 22, 2019 . CNN Philippines . March 29, 2019 . July 22, 2019 . https://web.archive.org/web/20190722065822/https://www.cnnphilippines.com/news/2019/3/29/bangsamoro-milf-decommissioning-murad-ebrahim.html . dead .
  42. News: Murad: 12,000 MILF fighters to start decommissioning . July 22, 2019 . ABS-CBN News . March 30, 2019.
  43. News: MILF prepares UBJP party for 2022 polls as BARMM transitions in post-midterm elections . July 22, 2019 . BusinessWorld . May 14, 2019.
  44. News: Rimando . Antonio . 5,000 ex-ARMM workers finally ousted by BARMM . December 23, 2020 . The Manila Times . December 22, 2020.
  45. News: Arguillas . Carolyn . Bangsamoro Transition Authority to take oath Feb. 20; ARMM to BARMM turnover on Feb. 25 . February 18, 2019 . MindaNews . February 18, 2019.
  46. Web site: MILF chair Murad is interim BARMM chief minister. February 22, 2019.
  47. News: Arguillas . Carolyn . BARMM inauguration reset again; new date is March 29 . March 24, 2019 . MindaNews . March 20, 2019.
  48. News: Arguillas . Carolyn . Duterte to BTA: Bangsamoro's future "is now in your hands;"region awaits release of budget . March 30, 2019 . MindaNews . March 30, 2019.
  49. News: Ropero . Gillan . 'My happiness is real': Duterte grateful for creation of Bangsamoro region . March 30, 2019 . ABS-CBN News . March 29, 2019.
  50. News: Gov't, Bangsamoro to resolve issues through agency . 19 December 2019 . BusinessWorld . 16 December 2019.
  51. News: Tejeno . Ivy . Intergovernmental body meets to resolve issues between national gov't, BARRM . 19 December 2019 . Manila Bulletin . 17 December 2019 . December 19, 2019 . https://web.archive.org/web/20191219093840/https://news.mb.com.ph/2019/12/17/intergovernmental-body-meets-to-resolve-issues-between-national-govt-barrm/ . dead .
  52. News: DOCUMENT: Marcos submits overhauled Bangsamoro bill . July 18, 2018 . Rappler . August 10, 2015.
  53. Web site: A Decree to Ordain and Promulgate a Code Recognizing the System of Filipino Muslim Laws, Codifying Muslim Personal Laws, and Providing for Its Administration and for Other Purposes. https://web.archive.org/web/20190125131132/https://www.lawphil.net/statutes/presdecs/pd1977/pd_1083_1977.html . 2019-01-25 . January 26, 2019 . The LawPhil Project.