Bangsamoro transition period

The transition period of the now-defunct Autonomous Region of 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 on January and February 2019. It is set to end after the first set of regular officials are elected in 2022.

President Rodrigo Duterte rings the agong with interim Chief Minister Murad Ebrahim nearby as part of the inuauguration of the Bangsamoro region.

Background

The Bangsamoro Autonomous Region in Muslim Mindanao was created after residents in then-existing Autonomous Region in Muslim Mindanao 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 new Bangsamoro autonomous region 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]

It is projected that the bureaucracy of the new Bangsamoro government be fully organized by the end of 2019 and the organizational structures of the defunct ARMM be phased out by January 2020.[3]

Transition plan and priority laws
The Bangsamoro Parliament convenes.

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 on 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.[4] Following the fourth session of the parliament, eight ad-hoc committees were formed to draft the priority legislations.[5] 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.[6]

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.[7]

Legislation Status
Bangsamoro Administrative Code Filed in the parliament
Bangsamoro Internal Revenue Code To be legislated
Bangsamoro Civil Service Code Filed in the parliament
Bangsamoro Electoral Code To be legislated
Bangsamoro Local Government Code Filed in the parliament
Bangsamoro Education Code To be legislated

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.[8]

Preceding agency or agencies
(ARMM regional office unless otherwise stated)		 Ministry
Department of Agriculture, Department of Agrarian ReformMinistry of Agriculture, Fisheries and Agrarian Reform[9]
Department of Education, Commission on Higher Education, Technical Education and Skills Development AuthorityMinistry of Basic, Higher and Technical Education[9]
Department of Environment and Natural Resources, Department of EnergyMinistry of Environment, Natural Resources and Energy[3]
Department of HealthMinistry of Health
Department of Public Works and HighwaysMinistry 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 in Muslim Mindanao (PRO BARMM).[10] 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 materialized.[11]

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.[12] They also began planning on how to put the barangays in Cotabato that are part of Bangsamoro under their jurisdiction.[10]

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.[13]

Integration of local government units

Barangays in Cotabato province
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.[14] The barangays could be reorganized into one or more municipalities or merged with any of the neighboring municipalities of Maguindanao.[15]

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.[16]

With the local government code still pending, the official turnover took place on November 20, 2019.[17][18] 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.[19] By March 2020, the 63 barangays were already grouped into a Special Geographic Area of the Bangsamoro region.[20]

Cotabato City

The formal turnover of Cotabato City to the Bangsamoro regional government has met opposition from Cotabato City 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 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.[21][22]

Decommissioning of the MILF
A MILF fighter.

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.[23] The list accounts for 12,000 militants or a third of the MILF's forces.[24]

The MILF will field candidates in the 2022 local elections through its political wing, the United Bangsamoro Justice Party.[25]

Timeline
  • January 21, 2019 – First part of the Bangsamoro autonomy plebiscite where voters voted on the ratification of the Bangsamoro Organic Law.
  • January 25, 2019 – The Commission on Elections announced that the Bangsamoro Organic Law is "deemed" ratified.
  • February 6, 2019 – Second part of the Bangsamoro autonomy plebiscite to determined potential additional areas for the then-proposed Bangsamoro autonomous region.
  • February 22, 2019 – First set of members of the Bangsamororo Transition Authority took oath.[26] including first and interim Chief Minister, Murad Ebrahim.[27]
  • February 26, 2019 – Official turnover of the Autonomous Region of Muslim Mindanao to the Bangsamoro Autonomous Region in Muslim Mindanao.[26]
  • March 29, 2019 – Inauguration of the new Bangsamoro regional government.[28], first ever session of the Bangsamoro Parliament.[29] and appointment of Khalipa Usman Nando as first Wali of Bangsamoro.[30]
  • June 18, 2019 – Bangsamoro transition plan approved by the Bangsamoro Parliament.[1]
  • November 20, 2019 – Formal turnover of the 63 barangays in Cotabato to the Bangsamoro regional government.[17][18]
  • June 30, 2022 – Last day of the Bangsamoro transition period.[9]

Comparisons


Body Autonomous Region in Muslim Mindanao Bangsamoro Autonomous Region  Republic of the Philippines
(National Government only)
Constitutional document ARMM Organic Act (Republic Act No. 6734) Organic Law for the Bangsamoro Autonomous Region (Republic Act No. 11054)[31] Constitution of the Philippines
Head of the region or territory Regional Governor of the ARMM Wali of Bangsamoro President of the Philippines
Head of government Chief Minister of Bangsamoro
Executive Executive Departments of the ARMM Bangsamoro Cabinet Executive Departments of the Philippines
Legislative Regional Legislative Assembly Bangsamoro Parliament Bicameral Congress (Senate and House of Representatives)
Judiciary None (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
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 Philippine National Police)		 Philippine National Police (PNP)
Shariah law Yes, for Muslims only "Code of Muslim Personal Laws of the Philippines" issued in 1977 under Presidential Decree No. 1083[32]

References
  1. "Transition plan from ARMM to BARMM now in effect". Philippine News Agency. June 19, 2019. Retrieved July 22, 2019.
  2. "Bangsamoro transition not 'slow' but lacking funds – BTA member". CNN Philippines. July 7, 2019. Retrieved July 22, 2019.
  3. Macabalang, Ali (August 11, 2019). "Bangsamoro region's bureaucracy completed". Manila Bulletin. Retrieved August 12, 2019.
  4. Arguilas, Carolyn (April 22, 2019). "BTA sessions resume nearly a month after inauguration". MindaNews. Retrieved April 22, 2019.
  5. "BTA sets up committees for priority legislation". BusinessWorld. April 28, 2019. Retrieved April 29, 2019.
  6. https://www.rappler.com/nation/237363-bta-targets-bangsamoro-government-codes-end-2019
  7. "BARMM Cabinet files 3 priority codes". GMA News. July 22, 2020. Retrieved July 22, 2020.
  8. "Funding The Transition To BARMM: Mandates, Myths And Reality". Institute for Autonomy and Governance. Retrieved June 17, 2019.
  9. Macabalang, Ali (July 17, 2019). "Officials upbeat about full transition of BARMM from interim status". Manila Bulletin. Retrieved July 17, 2019.
  10. Unson, John (March 25, 2019). "Cotabato City cops can join BARMM or transfer to PRO-12". The Philippine Star. Retrieved March 26, 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.
  11. Revita, Juliet (August 3, 2018). "Bangsamoro police to still under PNP". Sun Star. Retrieved May 24, 2019.
  12. Unson, Johm (April 30, 2019). "BARMM police now in control of Cotabato City". NDBC News. Archived from the original on May 24, 2019. Retrieved May 24, 2019.
  13. Macabalang, Ali (July 8, 2019). "Former MILF, MNLF combatants may now apply with PNP Former MILF, MNLF combatants may now apply with PNP". Manila Bulletin. Retrieved July 22, 2019.
  14. Arguilas, Carolyn (February 8, 2019). "Pikit's fate: 20 barangays remain with North Cotabato, 22 joining BARMM". Minda News. Retrieved February 9, 2019.
  15. Layug, Margaret Claire (February 8, 2019). "What happens to Cotabato barangays not part of new Bangsamoro region?". GMA News (in English and Filipino). Retrieved May 22, 2019.
  16. Fernandez, Edwin (July 21, 2019). "NoCot guv, BARMM chief meet on fate of 63 villages". Philippine News Agency. Retrieved July 22, 2019.
  17. Macabalang, Ali (November 13, 2019). "BARMM to assume official supervision over 63 NorCot villages on Nov. 20". Manila Bulletin. Retrieved November 13, 2019.
  18. Cabrera, Ferdinandh (November 20, 2019). "63 North Cotabato villages officially now part of BARMM". NDBC News. Retrieved April 19, 2020.
  19. Cayon, Manuel (November 15, 2019). "North Cotabato's 63 barangays to be turned over to Barmm". BusinessMirror. Retrieved November 15, 2019.
  20. https://www.pna.gov.ph/articles/1097353
  21. Macabalang, Ali (January 15, 2020). "Debate on Cotabato City's turnover for BARMM supervision lingers". Manila Bulletin. Retrieved April 19, 2020.
  22. Arguillas, Carolyn (February 17, 2020). "Cotabato City seeks exclusion from BARMM until June 30, 2022". MindaNews. Retrieved April 19, 2020.
  23. "First phase of MILF decommissioning underway as Bangsamoro region takes off". CNN Philippines. March 29, 2019. Retrieved July 22, 2019.
  24. "Murad: 12,000 MILF fighters to start decommissioning". ABS-CBN News. March 30, 2019. Retrieved July 22, 2019.
  25. "MILF prepares UBJP party for 2022 polls as BARMM transitions in post-midterm elections". BusinessWorld. May 14, 2019. Retrieved July 22, 2019.
  26. Arguillas, Carolyn (February 18, 2019). "Bangsamoro Transition Authority to take oath Feb. 20; ARMM to BARMM turnover on Feb. 25". MindaNews. Retrieved February 18, 2019.
  28. Arguillas, Carolyn (March 20, 2019). "BARMM inauguration reset again; new date is March 29". MindaNews. Retrieved March 24, 2019.
  29. Arguillas, Carolyn (March 30, 2019). "Duterte to BTA: Bangsamoro's future "is now in your hands;"region awaits release of budget". MindaNews. Retrieved March 30, 2019.
  30. Ropero, Gillan (March 29, 2019). "'My happiness is real': Duterte grateful for creation of Bangsamoro region". ABS-CBN News. Retrieved March 30, 2019.
  31. "DOCUMENT: Marcos submits overhauled Bangsamoro bill". Rappler. August 10, 2015. Retrieved July 18, 2018.
  32. "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". The LawPhil Project. Retrieved January 26, 2019.
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