Comparing the ARMM and the BJE

- through peace talks from 1975-1996

- recognized by the OIC as the sole and legitimate representative of the Bangsamoro people

- ongoing peace negotiations, since 1996, hosted by the Malaysian government

 

- 1987 Constitution provided for creation of an autonomous region in Muslim Mindanao “within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines"

- autonomy is defined through legislation: RA 6734 of 1989 or the organic act creating ARMM

- GRP-MNLF Final Peace Agreement of 1996 provided for a transition phase and an expanded autonomous region

- RA 9054 of 2001 embodies FPA, amends RA 6734, expands ARMM  

- called for the amendment of the Constitution: “any provisions of the MOA-AD requiring amendments to the

existing legal framework shall come into force upon signing of a comprehensive compact and upon effecting the necessary changes

to the legal framework with due regard to non derogation of

prior agreements and within the stipulated timeframe to be contained in the comprehensive compact"

 

 

1. formation of regional consultative commission

2. drafting of law by Congress

3. conduct of plebiscite

 

 

1. government to conduct and deliver, within 12 months following the signing of the MOA-AD, a plebiscite covering the areas

2. parties to complete the negotiations and resolve all outstanding issues on the Comprehensive Compact within 15 months from the signing of the MOA-AD

3. plebiscite on “special intervention" areas not earlier than 25 years from

signing of the Comprehensive Compact

4. further negotiations on the following:

- outstanding issues emanating from the consensus points on

ancestral domain

- agreement on Bangsamoro territory specific to mapping the outlying borders and the boundaries affecting LGUs

- details of management of

territorial waters shall be provided in an agreement to be entered into by the Parties

- special intervention areas

- final demarcation of territorial waters to be determined by a joint technical body

- Joint Commission to be established to elaborate on authorized activities on territorial waters

- joint determination of geographic areas encompassed within the territorial borders of the BJE

- creation of five-member BJE economic expert mission

- “any provisions of the MOA-AD requiring amendments to the

existing legal framework shall come into force upon signing of a comprehensive compact and upon effecting the necessary changes

to the legal framework with due regard to non derogation of

prior agreements and within the stipulated timeframe to be contained in the comprehensive compact"

- other details on institutions shall be discussed in the negotiation of the comprehensive compact

 

- politicians in the affected areas campaigned against inclusion to the ARMM

- MILF does not recognize the ARMM

-Senators filed petitions before SC

-SC issued a TRO on the signing

-Malacañang eventually called for a review

Population (2007)

4,120,795

5,820,079  (projection based on plebiscite areas)  
 

Provinces

1. Basilan
2. (North) Cotabato
3. Davao del Sur
4. Lanao del Norte
5. Lanao del Sur
6. Maguindanao
7. Palawan
8. South Cotabato
9. Sultan Kudarat
10. Sulu
11. Tawi-Tawi
12. Zamboanga del Norte
13. Zamboanga del Sur

Cities

1. Cotabato
2. Dapitan
3. Dipolog
4. General Santos
5. Iligan
6. Marawi
7. Pagadian
8. Puerto Princesa
9. Zamboanga

 

- In the 2001 plebiscite, the expansion of ARMM to include 11 provinces and 14 cities was sought but only one more province, Basilan (except Isabela City), and one city, Marawi, voted for inclusion.

1. Basilan
2. Lanao del Sur
3. Maguindanao
4. Sulu
5. Tawi-Tawi

- the municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan, and Tangkal in the province of Lanao del Norte, which voted for inclusion in the ARMM during the 2001 plebiscite;

- additional geographic areas, “subject to plebiscite"

1. parts of Lanao del Norte (320 of 506 barangays)

2. parts of Sultan Kudarat (215 of 249 barangays)

3. parts of (North) Cotabato (176 of 543 barangays)

4. parts of Bukidnon (1 of 464 barangays)

5. parts of Palawan (42 of 433 barangays)

6. parts of Zamboanga del Sur (16 of 681 barangays)*

7. parts of Zamboanga Sibugay (5 of 389 barangays)

Number of barangays

2,470

3,327  (projection based on plebiscite areas)    

- territorial waters beyond the 15-kilometer internal waters up to the RP baselines are under joint jurisdiction, authority and management of the

Central Government and BJE

 - sharing of minerals on territorial waters between the Central Government and the BJE in favor of BJE

 

except for strategic minerals such as uranium, petroleum, and other fossil fuels, mineral oils, all sources

of potential energy, as well as national reserves and aquatic parks, forest and watershed reservations already delimited by authority of the central government or national government and those that

may be defined by an Act of Congress within one (1) year from the effectivity of this Organic Act

 

- share in the income of strategic minerals: 50 percent of the revenues, taxes, or fees derived from the use and development of the strategic minerals shall accrue and be remitted to the regional government within 30 days from the end of every quarter of every year. The other 50 percent shall

accrue to the central of national government.

use, development, conservation and disposition of the natural

resources within the homeland

- BJE exercises power over natural resources within its territorial jurisdiction

- BJE and CG agree on wealth-sharing based on a mutually agreed percentage ratio in favor of BJE

 

- international recognition: Central Government shall take necessary steps to ensure BJE's participation in international meetings and events such as Asean meetings and

UN specialized agencies 

 

- share in the income of strategic minerals: BJE take or profit split from total production shared with the Central Government on a percentage ratio of 75:25 in favor of the BJE. “All royalties, bonuses, taxes, charges, custom duties or imposts on natural resources and mineral resources shall be shared by the Parties on a percentage ratio of 75:25 in favor of the BJE."

- The legitimate grievances of the Bangsamoro people arising from any unjust dispossession of their territorial and proprietary rights, customary land tenures, or

their marginalization shall be acknowledged. Whenever restoration is no longer

possible, the GRP shall take effective measures or adequate reparation collectively beneficial to the Bangsamoro people, in such quality, quantity and status to be determined mutually by both Parties.

 

Powers of the Central Government:

- exempted from ancestral domain claim are "government projects or any other voluntary dealings entered into by the government and private individuals, corporate entities or institutions."

- in charge of external defense

-  in times of national emergency, the Central Government may

temporarily assume or direct the operations of strategic

resources

- BJE free to enter into any economic cooperation and trade

relations with foreign countries, provided such "do not include

aggression against the GRP"

 

Executive

- Section 16 of the Constitution states that the President “shall exercise general supervision over autonomous regions to ensure that the laws are faithfully executed."
- funds come from the national government

- Manila interference in ARMM political affairs, candidates in the regional polls anointed by Malacañang

Legislative

- Regional Local Government Code not fully implemented, has not been updated; LGUs still use the national LGC

- enacted local revenue code is not fully implemented

- powers of the Regional Legislative Assembly clipped by SC in Shariff Kabunsuan case
 

Judiciary

- the law provides for the establishment of 51 Shari’a Circuit Courts but only 25 SCCs are operational, providing judicial services to territorial jurisdictions originally intended to be served by the 51 SCCs
 

Fiscal autonomy

- ARMM is completely dependent on the national government for its funding

- not all funds made available to ARMM are within the direct control of the regional government (4% only)

 

 

- MOA says “the relationship between the Central Government and the BJE shall be associative

characterized by shared authority and responsibility with a structure of governance based on executive, legislative, judicial and administrative institutions with defined powers and functions in the Comprehensive Compact."

- MNLF lost the ARMM leadership to Ampatuan in 2005

- GRP-MNLF-OIC in tripartite talks for complaints on implementation of the FPA