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Bangsamoro transition period

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

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

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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

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The Bangsamoro Parliament convenes.

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

Transition plan

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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

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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]

Code Legislation No. Status
Bangsamoro Administrative Code Bangsamoro Autonomy Act No. 13 Approved and signed into law
Bangsamoro Internal Revenue Code — To be legislated
Bangsamoro Civil Service Code Bangsamoro Autonomy Act No. 17 Approved and signed into law
Bangsamoro Electoral Code Bangsamoro Autonomy Act No. 35 Approved and signed into law
Bangsamoro Local Government Code Bangsamoro Autonomy Act No. 49 Approved and signed into law
Bangsamoro Education Code Bangsamoro Autonomy Act No. 18 Approved and signed into law

Inter-governmental relations bodies

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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]

Inter-governmental relations body Foundation or First meeting
National Government-Bangsamoro Government Intergovernmental Relations Body December 16, 2020
Intergovernmental Fiscal Policy Board May 29, 2020
Intergovernmental Infrastructure Development Board Constituted (First meeting to be held in October 2020)
Joint Body for the Zones of Joint Cooperation June 26, 2020
Intergovernmental Energy Board Constituted
Philippine Congress-Bangsamoro Parliament Forum To be constituted
Council of Leaders January 18, 2021[19]
Bangsamoro Sustainable Development Board To be constituted

Reorganization of government agencies

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Ministries

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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]

Preceding agency or agencies
(ARMM regional office unless otherwise stated) 		Ministry
Department of Agriculture, Department of Agrarian Reform Ministry of Agriculture, Fisheries and Agrarian Reform[21]
Department of Education, Commission on Higher Education, Technical Education and Skills Development Authority Ministry of Basic, Higher and Technical Education[21]
Department of Environment and Natural Resources, Department of Energy Ministry of Environment, Natural Resources and Energy[22]
Department of Health Ministry of Health
Department of Public Works and Highways Ministry of Public Works

Bangsamoro police

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PRO BAR insignia

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

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Barangays in Cotabato province

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Main article: Bangsamoro barangays in Cotabato
Turnover ceremony of the 63 barangays in Cotabato to the BARMM. November 20, 2019.

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

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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

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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.[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

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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

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Comparisons

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Body Autonomous Region in Muslim Mindanao Bangsamoro Autonomous Region in Muslim Mindanao  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)[52] 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 (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 law Yes, for Muslims only "Code of Muslim Personal Laws of the Philippines" issued in 1977 under Presidential Decree No. 1083[53]

References

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  1. ^ a b c "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. Archived from the original on July 22, 2019. Retrieved July 22, 2019.
  3. ^ Ismael, Javier Joe (August 27, 2021). "Senate agrees to postpone BARMM polls". The Manila Times. Retrieved September 11, 2021.
  4. ^ Rebollido, Rommel (September 4, 2021). "Regional polls postponement to help build 'strong Bangsamoro region' – BARMM execs". Rappler. Retrieved September 11, 2021.
  5. ^ "Advocates make 'last 2 minutes' effort to get BARMM transition extension". Philippine Daily Inquirer. August 31, 2021. Retrieved September 11, 2021.
  6. ^ Galvez, Daphne (October 29, 2021). "Duterte OKs postponement of first BARMM elections to 2025". Philippine Daily Inquirer. Retrieved October 29, 2021.
  7. ^ Arguilas, Carolyn (April 22, 2019). "BTA sessions resume nearly a month after inauguration". MindaNews. Retrieved April 22, 2019.
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  17. ^ "Local governance code enactment heralds decentralization, efficient service delivery in BARMM". BARMM Official Website. Bangsamoro Information Office. September 29, 2023. Retrieved February 7, 2024.
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  20. ^ "Funding The Transition To BARMM: Mandates, Myths And Reality". Institute for Autonomy and Governance. Retrieved June 17, 2019.
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  24. ^ Revita, Juliet (August 3, 2018). "Bangsamoro police to still under PNP". Sun Star. Retrieved May 24, 2019.
  25. ^ 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.
  26. ^ 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. Archived from the original on July 22, 2019. Retrieved July 22, 2019.
  27. ^ Sumangil, Franz (April 15, 2022). "Moro rebels' integration into national police starts". The Manila Times. Retrieved April 15, 2022.
  28. ^ Arguilas, Carolyn (February 8, 2019). "Pikit's fate: 20 barangays remain with North Cotabato, 22 joining BARMM". Minda News. Retrieved February 9, 2019.
  29. ^ 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.
  30. ^ Fernandez, Edwin (July 21, 2019). "NoCot guv, BARMM chief meet on fate of 63 villages". Philippine News Agency. Retrieved July 22, 2019.
  31. ^ a b Macabalang, Ali (November 13, 2019). "BARMM to assume official supervision over 63 NorCot villages on Nov. 20". Manila Bulletin. Archived from the original on November 13, 2019. Retrieved November 13, 2019.
  32. ^ a b Cabrera, Ferdinandh (November 20, 2019). "63 North Cotabato villages officially now part of BARMM". NDBC News. Archived from the original on August 4, 2020. Retrieved April 19, 2020.
  33. ^ Cayon, Manuel (November 15, 2019). "North Cotabato's 63 barangays to be turned over to Barmm". BusinessMirror. Retrieved November 15, 2019.
  34. ^ "BARMM records 2 Covid-19 deaths, 2 infected".
  35. ^ Macabalang, Ali (January 15, 2020). "Debate on Cotabato City's turnover for BARMM supervision lingers". Manila Bulletin. Retrieved April 19, 2020.
  36. ^ Arguillas, Carolyn (February 17, 2020). "Cotabato City seeks exclusion from BARMM until June 30, 2022". MindaNews. Retrieved April 19, 2020.
  37. ^ a b Ropero, Gillan (December 15, 2020). "Cotabato City formally joins Bangsamoro gov't". ABS-CBN News. Retrieved December 15, 2020.
  38. ^ Solaiman, Taher (November 30, 2020). "Cotabato City formally joins Bangsamoro on Dec. 15". Inquirer.net. Retrieved December 1, 2020.
  39. ^ a b Sarmiento, Bong; Maitem, Jeoffrey (December 15, 2020). "Cotabato City mayor will not show up in city's turnover to the BARMM, cites threats to her life". Philippine Daily Inquirer. Retrieved December 15, 2020.
  40. ^ Maitem, Jeoffrey (December 15, 2020). "BARMM Chief Minister orders probe on alleged threats vs Cotabato City mayor". Philippine Daily Inquirer. Retrieved December 15, 2020.
  41. ^ "First phase of MILF decommissioning underway as Bangsamoro region takes off". CNN Philippines. March 29, 2019. Archived from the original on July 22, 2019. Retrieved July 22, 2019.
  42. ^ "Murad: 12,000 MILF fighters to start decommissioning". ABS-CBN News. March 30, 2019. Retrieved July 22, 2019.
  43. ^ "MILF prepares UBJP party for 2022 polls as BARMM transitions in post-midterm elections". BusinessWorld. May 14, 2019. Retrieved July 22, 2019.
  44. ^ Rimando, Antonio (December 22, 2020). "5,000 ex-ARMM workers finally ousted by BARMM". The Manila Times. Retrieved December 23, 2020.
  45. ^ a b 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.
  46. ^ "MILF chair Murad is interim BARMM chief minister". February 22, 2019.
  47. ^ Arguillas, Carolyn (March 20, 2019). "BARMM inauguration reset again; new date is March 29". MindaNews. Retrieved March 24, 2019.
  48. ^ 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.
  49. ^ Ropero, Gillan (March 29, 2019). "'My happiness is real': Duterte grateful for creation of Bangsamoro region". ABS-CBN News. Retrieved March 30, 2019.
  50. ^ "Gov't, Bangsamoro to resolve issues through agency". BusinessWorld. December 16, 2019. Retrieved December 19, 2019.
  51. ^ Tejeno, Ivy (December 17, 2019). "Intergovernmental body meets to resolve issues between national gov't, BARRM". Manila Bulletin. Archived from the original on December 19, 2019. Retrieved December 19, 2019.
  52. ^ "DOCUMENT: Marcos submits overhauled Bangsamoro bill". Rappler. August 10, 2015. Retrieved July 18, 2018.
  53. ^ "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. Archived from the original on January 25, 2019. Retrieved January 26, 2019.
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