hb 5811 and sb 2894: where is the bangsamoro in the blbar of congress?
TRANSCRIPT
HB 5811 and SB 2894:Where is the Bangsamoro in the
BLBAR of Congress?
Out of 242 SECTIONSHB 5811• AMENDED 215 Sections – 8 Sections DELETED
• Plus, 4 NEW Sections• 219 Sections (90.5%)– LESS: minor changes (29)– LESS: on nomenclatures
(79)– ADD: amended in other
Sections (3)
• TOTAL: 114 Sections (47%) AMENDED
SB 2894• AMENDED 229 Sections – 38 Sections DELETED
• Plus, 12 NEW Sections• 241 Sections (99.5%)– LESS: minor changes (4)– LESS: on nomenclatures
(54)– ADD: amended in other
Sections (2)
• TOTAL: 185 Sections (76%) AMENDEDADD: nomenclatures
80%ADD: nomenclatures
99%
RIGHT to SELF-DETERMINATION“Underlying the CAB is the recognition of the justness and legitimacy of the cause of the Bangsamoro people and their aspiration to chart their political future through a democratic process that will secure their identity and posterity and allow for meaningful self- governance”
Par. 3, CAB
BASIC PREMISES
RIGHT to SELF-DETERMINATION
GPH – MILFPeace Talks
CAB Bangsamoro Basic Law
17 years of negotiations
The GPH will not bring up the Constitution &the MILF will refrain from raising independence as an agendaSingle agenda on how to resolve the Bangsamoro Question
The CAB encapsulates the minimum acceptable expression of RSD for the BangsamoroThe CAB builds on previous agreements
The proposed BBL reflects the CAB & is a mutually agreed versionAs a social justice legislation, the BBL was drafted & should be interpreted within the flexibilities of the Constitution
After enactment & ratification, the BBL shall become national law
BASIC PREMISES
RIGHT to SELF-DETERMINATION
CABBangsamoro Question ARM
M
STATUS QUO IS
UNACCEPTABLE
“failed experimen
t”
RA 9054etc
CHANGE IN STRUCTURE
ADDRESS CHALLENGEStaking lessons from our “autonomy experimentation”NOTHING LESS
THAN ARMM
GENUINE AUTONOMY
benchmark
“CATCH – UP”
political autonomy
fiscal autonomy
• Bangsamoro Government – Central Government
• Bangsamoro Government – Local Government Units
• Within the Bangsamoro
Recognition of BANGSAMORO IDENTITY
Addressing the challenge of “GOBERNO A SARWANG” & BANGSAMORO ALIENATION
Addressing HISTORICAL INJUSTICE & BANGSAMORO MARGINALIZATION
SOCIAL JUSTICE to address the LEGITIMATE GRIEVANCES
1
2
3
ensurecompliance
BASIC PREMISES
POWER SHARING
not just devolution
FRAMEWORK: POWER SHARING
• Reserved powers are powers or matters over which authority and jurisdiction are retained by the Central Government
• Exclusive powers are powers or matters over which authority and jurisdiction pertain to the Bangsamoro Government
• Concurrent powers refer to shared powers between the Central Government and the Bangsamoro Government
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
Article V on Powers of GovernmentHB 5811• 53 amendments
– LESS: minor changes & nomenclature (27)
– ADD: amendment found elsewhere (18)
• TOTAL: 44 powers out of 100 AMENDED
• AMENDED 36% of EXCLUSIVE powers
SB 2894• 78 amendments
– LESS: minor changes & nomenclature (11)
– ADD: amendment found elsewhere (9)
• TOTAL: 76 powers out of 100 AMENDED
• AMENDED 58% of EXCLUSIVE powers
• With 20 EXCLUSIVE powers were either MOVED or DELETED
INCREASED Reserved Powers
• EXPANDED powers now include: internal security; and banking
• INCREASED powers on: customs & tariff; and common market & global trade, as regards economic agreements
• ADDED residual powers
INCREASED Reserved Powers
HB 5811: • ADDED powers of the OmbudsmanSB 2894: • CHANGED “foreign affairs” to “foreign policy”• ADDED free ports; and banks & non-banks
financial institutions under BSP
REDUCED Concurrent Powers of BG• REDUCED powers on Public Order & Safety – DELETED “Primary responsibility” of the BG
• REDUCED powers on Auditing– HB 5811: REPLACED “auditing” with “internal auditing” – SB 2894: CHANGED to “COA shall establish an auditing
unit”• REDUCED powers on Civil Service– HB 5811: ADDED “The Civil Service Office will be
monitored, regulated, and supervised by the CSC”– SB 2894: ADDED “subject to the minimum standards
and guidelines prescribed by the CSC”; DELETED power to enact a Civil Service Code
REDUCED Concurrent Powers of BG
• REDUCED powers over human rights and humanitarian protection & promotion; and administration of justice– HB 5811: AMENDED elsewhere; SB 2894:
ADDED “Subject to the provisions of the 1987 Philippine Constitution (and national laws)”
• REDUCED powers over funding for the maintenance of national roads, bridges, and irrigation systems; and disaster reduction and management
REDUCED Concurrent Powers of BG
SB 2894:• REDUCED powers over social security &
pensions; quarantine; pollution control; coastguard; and customs & tariff
• DELETED penology & penitentiary; and land registration
REDUCED Exclusive Powers
• local administration, municipal corporations, & other local authorities including the creation of local governments
• public administration and bureaucracy
• special development programs and laws
• general welfare
• budgeting• creation of sources of
revenue • loans, credits, and other
forms of indebtedness • financial & banking
system (including Islamic banking)
• power generation, transmission and distribution
REDUCED Exclusive Powers
• protection of IPs • ancestral domain &
natural resources • inland waters • fishery, marine and
aquatic resources • environment, parks,
forest management, wildlife, nature reserves & conservation*
• water supplies and services, flood control and irrigation systems
• public works and highways• Shari’ah courts and
Shari’ah justice system • customary laws • customary justice • Hisbah office for
accountability
REDUCED Exclusive Powers
HB 5811• grants & donations• labor, employment &
occupation
SB 2894• free ports • economic zones and
industrial centers• cadastral land survey• land management, land
distribution, agricultural land use reclassification
• expropriation and eminent domain
• health• registration of births,
marriages, & deaths
REDUCED Exclusive Powers
SB 2894• barter trade &
countertrade; • business names; • public utilities; • human resources • science & technology • research & scholarships • libraries, museums, etc.
REDUCED Exclusive Powers Already Devolved to ARMM
• REDUCED foreign investments • REDUCED grant leases, permits, and licenses over
agricultural lands and for forest management • HB 5811: REDUCED proclaim state of calamity; enact
legislation on recall; representation in Board of SUCs • SB 2894: REDUCED establish and operate pioneering
public utilities; supervise and regulate private schools • SB 2894: DELETED private-owned public utility or
business; traditional possession of lands; urban land reform and land use; augment any budget item
Framework: Power Sharing
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
INCREASED Reserved PowersCHANGED to “NATIONAL defense, and NATIONAL security”
CHANGED to “NATIONAL defense, and INTERNAL AND external security”
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
INCREASED Reserved PowersCHANGED to “BANKING, coinage and monetary policy”
CHANGED to “currency and policy direction in the areas of money, CREDIT AND BANKING”
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
INCREASED Reserved PowersAMENDED under cited provision: customs & tariff
AMENDED under cited provision: customs & tariff
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
INCREASED Reserved PowersAMENDED under cited provision: common market & global trade, which includes economic agreements
AMENDED under cited provision: common market & global trade, which includes economic agreements RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
INCREASED Reserved PowersADDED residual powers ADDED residual powers
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
INCREASED Reserved PowersCHANGED to “foreign POLICY”
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
INCREASED Reserved PowersADDED free ports; and banks & non-banks financial institutions under BSP
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
INCREASED Reserved PowersADDED “powers of the Ombudsman”
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Concurrent Powers of BGAMENDED elsewhere: disaster risk reduction & management
DELETED primary jurisdiction, cooperation & coordination in disaster management
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Concurrent Powers of BGCHANGED to “joint responsibility with the National Government over public order & safety”
CHANGED to “PNP shall have primary responsibility over public order & safety”
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Concurrent Powers of BGREPLACED “auditing” with “internal auditing”
CHANGED to “COA shall establish an auditing unit”
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Concurrent Powers of BGADDED “The Civil Service Office will be monitored, regulated, and supervised by the CSC”
ADDED “subject to the minimum standards and guidelines prescribed by the CSC”
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Concurrent Powers of BGDELETED penology & penitentiary; and land registration
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Concurrent Powers of BGAMENDED elsewhere: human rights and humanitarian protection & promotion; and administration of justice
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Exclusive PowersREDUCED local administration, municipal corporations, & other local authorities including the creation of local governments
REDUCED local administration, municipal corporations, & other local authorities including the creation of local governments
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Exclusive PowersAMENDED elsewhere: public administration and bureaucracy
AMENDED elsewhere: public administration and bureaucracy
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Exclusive PowersREDUCED special development programs and laws
MOVED special development programs and laws to concurrent powers
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Exclusive PowersAMENDED elsewhere: general welfare
AMENDED elsewhere: general welfare
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Exclusive PowersAMENDED under cited provision: budgeting
AMENDED elsewhere: budgeting
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Exclusive PowersAMENDED elsewhere: creation of sources of revenue
AMENDED elsewhere: creation of sources of revenue
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Exclusive PowersREDUCED loans, credits, and other forms of indebtedness
DELETED loans & credits, and other forms of indebtedness
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Exclusive PowersAMENDED elsewhere: financial & banking system
MOVED financial & banking system to reserved powers; (Islamic banking to concurrent powers)
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Exclusive PowersAMENDED power generation, transmission and distribution
AMENDED power generation, transmission and distribution
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Exclusive PowersAMENDED elsewhere: inland waters
DELETED inland waters
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Exclusive PowersAMENDED elsewhere: fishery, marine and aquatic resources
REDUCED fishery, marine & aquatic resources
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Exclusive PowersAMENDED elsewhere: water supplies and services, flood control and irrigation systems
DELETED water supplies & services, flood control and irrigation systems
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Exclusive PowersAMENDED elsewhere: public works and highways
AMENDED elsewhere: public works and highways
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Exclusive PowersMOVED protection of IPs from exclusive to concurrent powers
AMENDED elsewhere: protection of IPs
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Exclusive PowersAMENDED elsewhere: ancestral domain & natural resources
AMENDED elsewhere: protection of IPs
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Exclusive PowersAMENDED elsewhere: environment, parks, forest management, wildlife, nature reserves & conservation
MOVED environment, parks, forest management, wildlife, nature reserves & conservation to concurrent powers RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Exclusive PowersAMENDED elsewhere: Shari’ah courts and Shari’ah justice system
REDUCED Shari’ah courts and Shari’ah justice system
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Exclusive PowersAMENDED elsewhere: customary laws
AMENDED elsewhere: customary laws
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Exclusive PowersAMENDED elsewhere: customary justice
AMENDED elsewhere: customary justice
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Exclusive PowersAMENDED elsewhere: Hisbah office for accountability
AMENDED elsewhere: Hisbah office for accountability
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Exclusive PowersREDUCED grants & donationsAMENDED elsewhere: labor, employment & occupation
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Exclusive PowersMOVED free ports to reserved powers MOVED cadastral land survey to concurrent powers RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Exclusive PowersDELETED land management, distribution, etc. REDUCED expropriation and eminent domain RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Exclusive PowersMOVED health to concurrent powers DELETED registration of births, marriages, & deaths RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Exclusive PowersREDUCED barter trade & countertrade; business names; public utilities; and human resources RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED Exclusive PowersMOVED science & technology; research & scholarships; and libraries, museums, etc. to concurrent powers RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
Exclusive Powers already devolved to ARMMREDUCED foreign investments
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED foreign investments
Exclusive Powers already devolved to ARMMREDUCED grant leases, permits, and licenses over agricultural lands and for forest management
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED grant leases, permits, and licenses over agricultural lands and for forest management
Exclusive Powers already devolved to ARMM
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
REDUCED proclaim state of calamity; enact legislation on recall; representation in Board of SUCs
Exclusive Powers already devolved to ARMMREDUCED establish and operate pioneering public utilities; supervise and regulate private schools
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
Exclusive Powers already devolved to ARMMDELETED private-owned public utility or business; traditional possession of lands; urban land reform and land use; augment any budget item
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
CHANGED Framework: Power Sharing
“all other powers, functions and responsibilities not granted by the 1987 Philippine Constitution or by law to the autonomous regions” RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
RESIDUAL POWERS
2 concurrent powers
10 exclusive powers
DELETED
“all other powers not granted to the Bangsamoro Government by this Basic Law”
RESIDUAL POWERS
CHANGED Framework: Power Sharing
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
“all other powers, functions and responsibilities not granted by the 1987 Philippine Constitution or by law to the autonomous regions”
RESIDUAL POWERS
DELETED 2 concurrent powers
10 exclusive powers
“all other powers not granted to the Bangsamoro Government by this Basic Law”
RESIDUAL POWERS
CHANGED Framework: Power Sharing
• REDEFINED reserved powers as those “retained exclusively” by the Central Government
• ADDED “All other powers not granted to the Bangsamoro Government by this Basic Law” as reserved powers
• ADDED “all other powers, functions and responsibilities not granted by the 1987 Philippine Constitution or by law to the autonomous regions” as reserved powers
• CHANGED “cooperate & coordinate through the IGR mechanism” to “cooperate with and assist the National Government” in concurrent powers
• REDEFINED exclusive powers: devolved powers; subject to the Constitution and national laws; without prejudice to the general supervision of the President
HB 5811 SB 2894
CHANGED Framework: Power Sharing
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERS
RESERVED POWERS
EXCLUSIVE POWERS
CONCURRENT POWERSHB 5811 SB 2894
NO real exclusi
ve powers
NO real exclusi
ve powers
NO real concurrent
powers
CHANGED Framework: Power Sharing
RESERVED POWERS
EXCLUSIVE POWERS
RESERVED POWERS
EXCLUSIVE POWERS
HB 5811 SB 2894
NO real exclusi
ve powers
NO real exclusi
ve powers
NO real concurrent
powers
Delineation of powers NOT clear
CONCURRENT POWERS
CONCURRENT POWERS
CHANGE in FRAMEWORK
• REDEFINED asymmetric relationship within – the framework of the Constitution – the national sovereignty; and– territorial integrity of the Philippines
• On PARITY OF ESTEEM– HB 5811: DELETED parity of esteem– SB 2894: REDEFINED parity of esteem
• DELETED self-determination• REDEFINED self-governance
– SB 2894: ADDED “within its territorial geographical area and subject to the provisions of the 1987 Philippine Constitution and NATIONAL LAWS” without distinction
CHANGE in FRAMEWORK
• The Bangsamoro is now just like any other LOCAL GOVERNMENT UNIT– CHANGE in NOMENCLATURES• NATIONAL Government• Bangsamoro AUTONOMOUS REGION• GEOGRAPHICAL AREA, not territory• SB 2894: Bangsamoro REGIONAL Government
– SB 2894: DELETED PREAMBLE: now an ordinary legislation and not a Basic Law
– SB 2894: CHANGED “political entity” to “political subdivision”
INTERGOVERNMENTAL RELATIONS
• REDUCED role of intergovernmental relations• LIMITED Bangsamoro Participation in Central
Government• DELETED IGR in relation to public order &
safety, national support services of the PNP, and coordination re: movement of troops
HB 5811: INTERGOVERNMENTAL RELATIONS
• DELETED role of Philippine Congress-Bangsamoro Parliament Forum in relation to amendments on the BBL & as regards creation of congressional districts
• REDUCED role of the IGFPB in the review of the block grant formula
• ADDED– Presidential Office for Bangsamoro Affairs– Assistant Solicitor General for Bangsamoro Affairs
SB 2894: INTERGOVERNMENTAL RELATIONS
• CHANGED “intergovernmental relations” to “National Government and Bangsamoro Regional Government relations “
• CHANGED “cooperate & coordinate” to “cooperate with and assist the National Government”
• DELETED “through the intergovernmental mechanism”
• DELETED all other IGR bodies: Intergovernmental Fiscal Policy Board; Bangsamoro Parliament – Philippine Congress Forum
LOCAL GOVERNMENT UNITS
On the Bangsamoro Government and its Constituent Local Government Units• CHANGED “provinces, cities, municipalities, barangays, and
geographic areas” to “provinces, cities, municipalities and barangays”SB 2894– DELETED “The authority to regulate on its own responsibility the
affairs of the local government units is guaranteed within the limit of this Basic Law”
– CHANGED to “The powers, privileges and functions already exercised and enjoyed by the local government units under existing laws shall not in any way be diminished”
– DELETED “unless otherwise altered, modified or reformed for good governance in accordance with a law to be enacted by the Bangsamoro Parliament”
LOCAL GOVERNMENT UNITS
On the Bangsamoro Government and its Constituent Local Government UnitsSB 2894• ADDED “The powers, functions, rights and privileges
already enjoyed by the municipalities over their municipal waters as provided under RA No. 7160 also known as the Local Government Code of 1991, and RA No. 8550, otherwise known as the Philippine Fisheries Code of the Philippines shall not, in any manner, be prejudiced nor diminished” in relation to the exclusive power on fishery, marine and aquatic resources
LOCAL GOVERNMENT UNITS
On the Bangsamoro Government and its Constituent Local Government Units• ADDED “shall not be diminished” as regards
the LGU shares in the revenues derived from the exploration, development and utilization of natural resources– SB 2894: ADDED “and shall be directly remitted
to them”; DELETED “The Bangsamoro Parliament shall enact a law detailing the shares of such local government units”
LOCAL GOVERNMENT UNITS
On RedistrictingHB 5811• DELETED “geographic areas” in relation to the power of the
Bangsamoro Parliament to reconstitute parliamentary districts
SB 2894• DELETED “The Bangsamoro Parliament may by law
undertake new redistricting in order to ensure a more equitable representation of the constituencies in the Bangsamoro Parliament” in the provision regarding District Seats in the Bangsamoro Parliament
• DELETED Section on Redistricting
LOCAL GOVERNMENT UNITS
On the Creation/Reconstitution of LGUs• DELETED “provinces, cities”
– SB 2894: also DELETED “municipalities” such that the Bangsamoro Government may create, divide, merge, abolish or substantially alter boundaries only that of barangays.
• DELETED role of the Philippine Congress – Bangsamoro Parliament Forum
• SB 2894: DELETED “Subject to the criteria provided in said law, the Bangsamoro Parliament may likewise create appropriate local government units in the areas inhabited predominantly by indigenous peoples”
LOCAL GOVERNMENT UNITS
On the Creation/Reconstitution of LGUs• HB 5811: ADDED modes of transfer of LGU
and Congressional District membership of municipalities and barangays
• SB 2894: DELETED Section on the Reconstitution of Local Government Units
BANGSAMORO PARLIAMENT
50%
40%
10%
BANGSAMORO CABINET
DEPUTY CHIEF MINISTER
OTH
ER M
INIS
TERS
WALI
PRESIDENT
SPEAKER
DEPUTY SPEAKER
OTHER OFFICERS
PARTY
DISTRICT
RESERVED
• 2 non-Moro IPs
• 2 settler communities
• 1 women
• least represented sector
general supervision
CHIEF MINISTER
HB 5811: BANGSAMORO PARLIAMENT
More than 1 Deputy Speaker
Deleted limitation on run-off election
DEPUTY CHIEF MINISTER
2 Deputy Chief
Ministers
Reserved Seat for the YOUTH
No clear provision on the Bangsamoro Cabinet
BANGSAMORO PARLIAMENT
50%
40%
10%
BANGSAMORO CABINET
DEPUTY CHIEF MINISTER
OTH
ER M
INIS
TERS
WALI
PRESIDENT
SPEAKER
DEPUTY SPEAKER
OTHER OFFICERS
PARTY
DISTRICT
RESERVED
• 2 non-Moro IPs
• 2 settler communities
• 1 women
• least represented sector
general supervision
CHIEF MINISTER
HB 5811: BANGSAMORO PARLIAMENT
More than 1 Deputy Speaker
Deleted limitation on run-off election
DEPUTY CHIEF MINISTER
2 Deputy Chief
Ministers
Reserved Seat for the YOUTH
No clear provision on the Bangsamoro Cabinet
✗Deleted ALL provisions on the WALI
Dissolve Parliament
Call for a new parliamentary election
Reduced powers of the Bangsamoro Parliament
BANGSAMORO PARLIAMENT
50%
40%
10%
BANGSAMORO CABINET
DEPUTY CHIEF MINISTER
OTH
ER M
INIS
TERS
WALI
PRESIDENT
SPEAKER
DEPUTY SPEAKER
OTHER OFFICERS
PARTY
DISTRICT
RESERVED
• 2 non-Moro IPs
• 2 settler communities
• 1 women
• least represented sector
general supervision
CHIEF MINISTER
SB 2894: BANGSAMORO PARLIAMENT
840
BANGSAMORO PARLIAMENT
50%
40%
10%
BANGSAMORO CABINET
DEPUTY CHIEF MINISTER
OTH
ER M
INIS
TERS
WALI
PRESIDENT
SPEAKER
DEPUTY SPEAKER
OTHER OFFICERS
PARTY
DISTRICT
RESERVED
• 2 non-Moro IPs
• 2 settler communities
• 1 women
• least represented sector
general supervision
CHIEF MINISTER
SB 2894: BANGSAMORO PARLIAMENT
840
labor, youth, sultanates
at least 2 each
Changed to “elected by a majority vote of the Members of Parliament”
BANGSAMORO PARLIAMENT
50%
40%
10%
BANGSAMORO CABINET
DEPUTY CHIEF MINISTER
OTH
ER M
INIS
TERS
WALI
PRESIDENT
SPEAKER
DEPUTY SPEAKER
OTHER OFFICERS
PARTY
DISTRICT
RESERVED
• 2 non-Moro IPs
• 2 settler communities
• 1 women
• least represented sector
general supervision
CHIEF MINISTER
SB 2894: BANGSAMORO PARLIAMENT
840
labor, youth, sultanates
at least 2 each
✗Deleted ALL provisions on the WALI
Reduced powers of the Bangsamoro Parliament
Changed to “elected by a majority vote of the Members of Parliament”
administer oath
“consistent with xxx Constitution”
“w/o prejudice”
ELECTORAL SYSTEM
HB 5811• Unclear role of BG in the
adoption of an electoral system
• Bangsamoro Electoral Code no longer a priority legislation; not a factor in the promulgation of rules for regular elections
• REDUCED powers and functions of the Bangsamoro Electoral Office, which is now a mere regional office of the COMELEC
SB 2894• DELETED Bangsamoro
Electoral Code
On Fiscal Autonomy
Fund transfers, including
just share in taxes & wealth
Power to create own sources of revenues
Power to allocate and utilize funds
Central Government
example:
BLOCK GRANT
✗✗
Without the power to create own sources of funds, plus the power to allocate and utilize the same, fund transfers will only further ensure dependence on the Central Government
FISCAL AUTONOMY
Power to allocate and utilize funds• REDUCED budgeting powers– HB 5811: ADDED “All other aspects of budgeting
particularly on budget execution and accountability shall be in accordance with national budgeting laws, rules and regulations”; DELETED power of the Bangsamoro Parliament re: prescribing form, content, and manner of budget preparation
– SB 2894: DELETED power to augment any item in the Bangsamoro GAA from savings in other items
FISCAL AUTONOMY
Power to allocate and utilize funds• REDUCED auditing powers– HB 5811: REPLACED “auditing” with “internal
auditing”; CHANGED “public funds utilized by the Bangsamoro” to “revenues and other funds generated within or by the region from external sources”
– SB 2894: CHANGED to “the COA shall establish an auditing unit in the Bangsamoro Autonomous Region”; DELETED Section on Auditing under Article XI on Fiscal Autonomy
FISCAL AUTONOMY
Power to create own sources of revenue• Taxation & tax incentives –– HB 5811: ADDED “where the majority business income
are derived from Bangsamoro Autonomous Region”; DELETED “including those granted to the RBOI of the ARMM. As part of incentives to investors, the Bangsamoro may opt instead to impose a flat rate lump sum tax on SMEs”
– SB 2894: DELETED IGR to determine modalities for the collection and remittance of national taxes; ADDED “Provided That any grant of exemption in the form of rebate or refund shall be funded from the Bangsamoro Autonomous Region funds or budget.”
FISCAL AUTONOMY
Power to create own sources of revenue• Loans & credits – ADDED reference to the
Constitution– HB 5811: DELETED “except those requiring
sovereign guaranty, which require Central Government approval”; and REPLACED with “in accordance with the Constitution”
– SB 2894: DELETED exclusive power on loans, credits, and other forms of indebtedness; ADDED requirement of prior concurrence by the Monetary Board
FISCAL AUTONOMY
Power to create own sources of revenue• Grants & donations: ADDED “except grants
and donations from foreign governments which require the concurrence of the National Government” to the exclusive power on grants & donations (HB 5811)
• Revenues from GOCCs – DELETED provisions on GOCCs (SB2894)
FISCAL AUTONOMY
Power to create own sources of revenue• Bills, bonds, notes, debentures and obligations:
ADDED “subject to the rules and regulations of the BSP and the SEC”
• Overseas Development Assistance: CHANGED “may avail directly of ODA. The Bangsamoro Parliament may enact legislation governing ODA” to “may avail international assistance in accordance with the ODA law”
• Economic Agreements: CHANGED “subject to the reserved powers of the CG over foreign affairs” to “subject to the approval of the NG”
FISCAL AUTONOMY
Power to create own sources of revenue• Foreign Investments: ADDED “subject to the
provisions of the (1987 Philippine) Constitution”– HB 5811: DELETED “The Central Government
may intervene in such matters only if national security is involved”
– SB 2894: DELETED “only if”
FISCAL AUTONOMY
Power to create own sources of revenue• Transportation & Communications:– SB 2894: DELETED proviso on the
intergovernmental relations body on transportation and communications; DELETED proviso on revenues derived from transportation and communications
FISCAL AUTONOMY
Fund transfers• Annual Block Grant - DELETED “Any unspent
amount in the current year’s block grant shall revert to the Bangsamoro general fund for re-appropriation”– HB 5811 - REDUCED role of Bangsamoro in
formula review– SB 2894 - DELETED proviso re: adjustment of
formula; DELETED role of IGR; CHANGED formula for deductions to the block grant; DELETED IGR & REDUCED role of Bangsamoro in formula review
FISCAL AUTONOMY
Fund transfers• Share in Taxes - ADDED “The share in taxes,
fees, and charges provided under this section are separate and distinct from the annual block grant”– SB 2894 - DELETED proviso on 10-year period of
retention by the BG of the 25% CG share
FISCAL AUTONOMY
Fund transfers• Share in EDU - ADDED “The existing shares of the local
government unit being received shall not be diminished” – HB 5811 – CHANGED “revenues” to “Bangsamoro
revenues” as regards share of IPs in EDU– SB 2894 - CHANGED to “shall pertain fully to its local
government units”; ADDED “and to its constituent local government units”; DELETED “land mass that comprise xxx as well as the waters that are within the territorial jurisdiction of the Bangsamoro” ; ADDED reference to LGC & DELETED power of Bangsamoro Parliament to enact a law as regards LGU share; ADDED reference to IPRA as regards share of IPs in EDU
FISCAL AUTONOMY
Fund transfers, including
just share in taxes & wealth
Power to create own sources of revenues
Power to allocate and utilize funds
✗✗
✗
NATURAL RESOURCES
• ADDED “in accordance with the Constitution and the pertinent provisions of this Basic Law” – SB 2894: Plus “responsible mining policies”
• CHANGED “right to explore, develop and utilize” to “right to the control and supervision over the exploration, utilization, development, and protection”
• DELETED “the natural resources, including surface and sub-surface rights, inland waters, coastal waters, and renewable and non-renewable resources”
NATURAL RESOURCES
• ADDED “strategic minerals such as uranium, petroleum, and other fossil fuels, mineral oils, and all sources of potential energy”
• ADDED “the Bangsamoro (Regional) Government shall be consulted”
• DELETED Section 10 on the Exploration, Development, and Utilization of Fossil Fuels and Uranium
Central Governmen
t
petroleum, natural gas, and coal
NATURAL RESOURCES
• DELETED “Nature Reserves and Protected Areas” – DELETED “The protection, conservation,
rehabilitation, and development of forests, coastal, and marine resources, including the adoption of programs and projects to ensure the maintenance of ecological balance, shall be given priority”
– DELETED “The Bangsamoro Government shall also have the power to declare nature reserves and aquatic parks, forests, watershed reservations and other protected areas in the Bangsamoro”
ENERGY
• HB 5811: REPLACED “When xxx connected to the national transmission grid” with “When xxx connected to the Mindanao grid”– RETAINED “shall be able to interconnect and sell power
over the national transmission grid” • SB 2894: REPLACED “transmission” with “the
island-grid ”– DELETED “xxx to interconnect and sell power over the
national transmission grid to electric consumers”– DELETED “xxx assist electric cooperatives”– CHANGED to “any connection to the national grid shall
subject the power generation, island-grid and distribution to national laws and regulations”
Bangsamoro Government
JOINT
SB 2894: ENERGY
• CHANGED to “any connection to the national grid shall subject the power generation, island-grid and distribution to national laws and regulations”– DELETED “cooperate and coordinate through the
intergovernmental relations mechanism” • ADDED “the currently existing Agus Hydro Power
Complex remain to be regulated by the National Government”
• ADDED “xxx and/or any power generation utilities that may hereafter be established”
TERRITORY
• CHANGED “territory” to “geographical area”• REDEFINED territory: land mass and waters– DELETED “maritime, terrestrial, fluvial and alluvial
domains, and the aerial domain”• DELETED all reference to a “core territory”
SB 2894: TERRITORY
• DELETED INLAND WATERS from the Articles on Territory, Powers of Government (exclusive powers), and Economy and Patrimony
• CHANGED “Bangsamoro Waters” to “Bangsamoro Autonomous Region Waters”
• DELETED “Bangsamoro Waters shall form part of the Bangsamoro”
• DELETED provisions on Zones of Joint Cooperation; Joint Body for the Zones of Joint Cooperation; and other related provisions
TERRITORY• CHANGED “areas” in the 1st plebiscite to “cities and
provinces” (1st PLEBISCITE)HB 58111ST PLEBISCITE• CHANGED “petition of at least
10% of the registered voters in the area” to “petition of at least ten percent 10% of the registered voters in the areas affected”
SUCCEEDING PLEBISCITES• contiguous AND within area of
autonomy• Double majority requirement, i.e.
includes larger LGU• 5th and 10th year only
SB 28941ST PLEBISCITE• DELETED 6 municipalities of
Lanao del Norte and 39 barangays of North Cotabato
SUCCEEDING PLEBISCITES• DELETED opt-in
Pnoy offers solution to ‘scrapped’ opt-in provision in BBL
Mere EO can expand Bangsamoro - PNoy
Senate president: No to opt-in provision of BBL
Senate, House set to remove Bangsamoro bill’s opt-in clause
Even if the “opt-in” provision is not included in the final version of the bill, provinces who wish to join the future Bangsamoro may still do so, he said.
“Yung opt-in in particular, meron tayong mga mechanisms in place, that—at some point in time may probinsiya na gustong sumama to a particular region. Currently, all it takes is an executive order, as what we did with Negros, and what was done before my time in several instances. For instance, ‘yung creation ‘nung Region IV-B.”
“The Congress shall enact an organic act for each autonomous region xxx The creation of the autonomous region shall be effective when approved by majority of the votes cast by the constituent units in a plebiscite called for the purpose, provided that only provinces, cities, and geographic areas voting favorably in such plebiscite shall be included in the autonomous region.” [Art. X, §18, 1987 Constitution]
Region IV-B is an administrative region
OPT-IN: Creeping Expansion?
5 PROVINCES
BasilanLanao del SurMaguindanaoSuluTawi-tawi
2 CITIES
Lamitan Marawi
8 PROVINCES
BasilanCotabatoLanao del SurLanao del NorteMaguindanaoSuluTawi-tawiSultan Kudarat
7 CITIES
Cotabato IliganIsabela KidapawanLamitan Marawi Tacurong
15 PROVINCES
BasilanCotabatoDavao del SurLanao del NorteLanao del SurMaguindanaoPalawanSaranganiSouth CotabatoSultan KudaratSuluTawi-tawiZamboanga del NorteZamboanga del SurZamboanga Sigugay
14 CITIES
Cotabato Isabela DapitanDigosDipologGeneral SantosIliganKidapawanKoronadalLamitan Marawi PagadianPuerto PrinsesaTacurongZamboanga
ARMM OPT-IN (R. Rodriguez) OPT-IN (R. Zamora)
Why Core Territory? Why OPT-IN?
SHARI’AH JUSTICE SYSTEM
HB 5811• ADDED “property”
• ADDED “subject to judicial review by the Supreme Court”
SB 2894• DELETED “and other civil
law matters, commercial law, and criminal law”
• DELETED provisions on the Shari’ah High Court
• DELETED Shari’ah Judicial and Bar Council, Consultant to the Judicial and Bar Council
HB 5811 / SB 2894:• CHANGED “Muslim” to
“subject of the Shari’ah Court System”
SB 2894: NORMALIZATION
• DELETED Special Development Fund• ADOPTED the DDR framework• TIMELINE is different from the agreed frame
and timeline• Parties now include the government in the
decommissioning
BASIC RIGHTS
VESTED PROPERTY RIGHTS• ADDED “Titles secured under the torrens system,
and rights already vested under the provisions of existing laws shall be respected
TRANSITIONAL JUSTICE• CHANGED “to address the legitimate grievances
of the Bangsamoro people” to HB 5811: “the Bangsamoro people, including the non-Moro indigenous peoples” SB 2894: “the inhabitants in the Bangsamoro Autonomous Region”
BASIC RIGHTS
Indigenous Peoples• ADDED Indigenous Peoples Rights Act (IPRA)in
relation to the identification, delineation & titling of ancestral domains, plus:– HB 5811: non-Moro IP rights – SB 2894: non derogation of non-Moro IP rights
under IPRA; share of indigenous communities in the EDU of natural resources found in territories covered by native title; and free and prior informed consent
BASIC RIGHTS
Indigenous Peoples• ADDED “non-Moro (IPs)” as to programs, services,
etc.: Ministry for Non-Moro Indigenous Peoples; identification, delineation & titling of ancestral domains; (traditional or) tribal justice systems – HB 5811: special development programs for non-
Moro IPs; Non-Moro Indigenous Peoples Affairs (Interim Cabinet);
– SB 2894: institute for a culture-based research, training and development to preserve and develop the indigenous knowledge, systems and practices of non-Moro IPs
BASIC RIGHTS
Indigenous Peoples• ADDED “non-Moro (IPs)” as to rights:
Declaration on the Rights of Non-Moro Indigenous Peoples – HB 5811: non-Moro IPs rights – SB 2894: rights and interests of non-Moro IPs
over their ancestral domains/ancestral lands; plus, non-derogation of the rights of non-Moro ICCs under IPRA & related laws
HB 5811: Non-Moro IP’s Rights
• The Bangsamoro Government recognizes the rights of the non-Moro indigenous peoples, and shall adopt measures for the promotion and protection of their rights
• native titles or fusaka inged• indigenous customs & traditions• justice systems • indigenous political structures • equitable share in revenues
from the utilization of resources in their ancestral lands
• free and prior informed consent• political participation in the
Bangsamoro Government including reserved seats for non-Moro IPs in the Bangsamoro Parliament
• basic services • freedom of choice as to their
identity
excludes Moro IPs
SB 2894: Non-Moro IP’s Rights
• CHANGED “indigenous peoples” to “indigenous peoples and other Non-Moro inhabitants”
• CHANGED “right to freedom of choice as to their identity” to “respect for their cultural identity”
• ADDED “right to internal self-determination”
SB 2894: BANGSAMORO IDENTITY
REDEFINED Bangsamoro People• CHANGED to “Those who at the time of
conquest and colonization of the Philippines by the Spaniards xxx”
• DELETED “Sulu archipelago and its adjacent islands including Palawan”
• DELETED “and their descendants”; such that “whether of mixed or of full blood” no longer refers to descendants
SB 2894: BANGSAMORO IDENTITY
REDEFINED Bangsamoro People• ADDED “Provided, That the foregoing profess
the faith of Islam”• DELETED “by ascription or self-ascription”• CHANGED to “Spouses and their descendants,
at their option, shall also be part of Bangsamoro Autonomous Region”
• ADDED “This provision shall not in any way derogate from the provisions of Article IV of the 1987 Philippine Constitution”
SB 2894: BANGSAMORO IDENTITY
DELETED almost all, if not all, reference to Bangsamoro people• CHANGED “Bangsamoro people and other
inhabitants” to “inhabitants” in the provisions wherein the former phrase was used
• Note change from “Bangsamoro” to “Bangsamoro Autonomous Region” or “Bangsamoro Regional Government” even in instances wherein “Bangsamoro” is used in the context of identity
RIGHT to SELF-DETERMINATION
CABBangsamoro Question ARM
M
STATUS QUO IS
UNACCEPTABLE
does NOT address
the unacceptable status
quo
RA 9054etc
CHANGE IN STRUCTURE
ADDRESS CHALLENGEStaking lessons from our “autonomy experimentation”NOTHING LESS
THAN ARMM
GENUINE AUTONOMY
benchmark
“CATCH – UP”
political autonomy
fiscal autonomy
• Bangsamoro Government – Central Government
• Bangsamoro Government – Local Government Units
• Within the Bangsamoro
Recognition of BANGSAMORO IDENTITY
Addressing the challenge of “GOBERNO A SARWANG” & BANGSAMORO ALIENATION
Addressing HISTORICAL INJUSTICE & BANGSAMORO MARGINALIZATION
SOCIAL JUSTICE to address the LEGITIMATE GRIEVANCES
1
2
3
ensurecompliance
POWER SHARING
not just devolution
VIOLATI
ONS
✗NO
LGU
✗
?
?
?
?
CAB VIOLATION/NON-COMPLIANCE
• Nomenclature: Bangsamoro, territory, Central Government
• Parity of esteem• Asymmetric relationship• Power sharing• Territory• Opt-in provision
– 1st plebiscite– succeeding plebiscites
• IGR
• Electoral System• Parliament: wali;
composition• Transitional justice• Vested property rights• Priority legislations,
including Electoral Code• Ancestral domain• Energy• Natural resources (strategic
minerals)
LESS THAN ARMM
• political subdivision, under the category of LGUs
• no plenary powers unlike ARMM
• Power to create provinces and cities
• Participation in National Agencies
• auditing– ARMM has its own regional auditors
• Power over the CSC and primacy in disciplining its employees
• Auditing• Tax incentives• Income tax from banks • Loans & credit• Economic agreements• IPRA applies to
Bangsamoro• Ancestral domain &
ancestral lands • No longer an
independent Human Rights Commission
On the BANGSAMORO QUESTION
The amendments would not help resolve the Bangsamoro Question • Territory and historical injustices– Opt-in provision– Transitional Justice provision– Vested rights
• Political exclusion and patronage politics– Electoral system– Parliamentary System, including Wali
• Shari’ah Law
WHERE ARE WE NOW?SECOND READING THIRD READING
BICAMERAL CONFERENCE COMMITTEE
Period on SPONSORSHIP and DEBATE
Period on AMENDMENTS
Approval of Bill on SECOND READING
Approved • Becomes LAW
No Action• Becomes LAW
after 30 DAYS• NO “pocket
veto”
VETO• Becomes LAW
by 2/3 VOTE of each House
CONFERENCE COMMITTEE REPORT• For
consideration/approval of both Houses
• NO amendment allowed
Calling a Conference
Composition of a Conference• Meet within 10
days after composition
• Committee Chair, Authors
FINAL FORM of the Bill printed & distributed 3 DAYS prior to 3rd reading
Only the NAME & TITLE of the Bill is read
NOMINAL VOTING • APPROVED by
affirmative vote of majority of members present
2 Types:• Committee
Amendments• Individual
Amendments
note number of remaining SESSION DAYS
most unlikely
within 60 days after composition
CONGRESS (PLENARY)
HoR• Period of Interpellations
– Lack of QUORUM– 20+ Representatives
remaining
• Period of Amendments– Sponsorship– Leadership position– Possible amendments:
DELETE opt-in; inland waters as a RESERVED POWER
– Vote on the Amendments
• Vote on the BBL– NOT BLBAR
Senate• Period of Interpellations
– Lack of QUORUM– at least 8 Senators
• Period of Amendments– at least 13 Senators– Amendments??? – Champion in the Senate?– Leadership position– Vote on Amendments
• Vote on the BBL– NOT BLBAR
CONGRESS (BICAM)
• Limited to matters in disagreement between the two chambers
• Similar amendments between SB 2894 and HB 5811, especially on major issues
• Convergence as to number of provisions amended is quite high• “Race to the bottom”
• Senate version is usually the version adopted
TIMELINE
OCTSEPT FEB APRbefore Mar 9
PlenaryBUDGET
28 Sept2015
DEADLINE
Filing of Certificate
of Candidacy
Oct 20153 session
days
9 session
days
NOV DEC JAN
SB 2894: 180 days
Plebiscite for the BBL
BTA is established
Passage of the BBL in Congress
Election for the Bangsamoro
Government by 2016
HB 5811: 120 days
ADJOURN
10 Oct2015
SESSION3 Nov - 18 Dec
2015
SESSION19 Jan – 5 Feb
2016
RESUME22 May
2016
2016Election
s9 May2016
START campai
gnMarch2016
2 May 2016
20 session
days
8 session
days
BUDGETDeliberations
Nov/Dec2 months
BAN on midnight
appointments
OTHER CHALLENGES
• Plebiscite– LGU officials and 2016– Information and misinformation
• Supreme Court– At least six (6) cases have been filed before the
Supreme Court– A case for treason and sedition has been filed in the
RTC against both Panels, the PAPP, and BTC Commissioners
TRO ???
More cases to be filed??SC decisions are not made in a vacuum
Petition in Intervention