ARMM to BARMM Transition: Devolved Powers and What Still Applies

The shift from the Autonomous Region in Muslim Mindanao (ARMM) to the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) replaced one autonomous framework with another. Under the ARMM framework, devolution meant that certain powers and functions exercised in the region by national departments and agencies were transferred to the Autonomous Regional Government. Republic Act No. 9054, the expanded Organic Act for the ARMM, set the scope of regional authority, while executive orders carried out the actual transfer of health, transportation, and communications functions. The BARMM now operates under a successor organic law, but the devolution principles established in the ARMM period remain instructive for understanding how regional autonomy works.

What devolved powers meant under the ARMM

Devolution under the ARMM framework was not a grant of sovereignty. Republic Act No. 9054 states that the autonomous region remains an integral and inseparable part of the national territory of the Republic. The Regional Government exercised only those powers and functions expressly granted to it by the Organic Act, or those necessary and incidental to governance and development within the region.

Article IV, Section 2 of Republic Act No. 9054 describes the autonomous region as a corporate entity with jurisdiction over all matters devolved to it by the Constitution and the Organic Act. Article III, Section 3 expresses the policy of local autonomy, under which regional powers are devolved to local government units, particularly in education, health, human resource, science and technology, and people empowerment. Until the Regional Assembly enacted an implementing law, Republic Act No. 7160, the Local Government Code of 1991, continued to apply to all provinces, cities, municipalities, and barangays within the region.

The limits on regional legislative power

The Regional Assembly could legislate for the benefit of the region, but Article IV, Section 3 of Republic Act No. 9054 reserved certain matters to the national government. These included foreign affairs, national defense and security, postal service, coinage and fiscal and monetary policies, administration of justice, quarantine, customs and tariff, citizenship, naturalization, immigration and deportation, general auditing, national elections, patents and trademarks, and foreign trade.

Transportation and communications were also reserved, but with a significant qualification. The autonomous government could grant franchises, licenses, and permits to land, sea, and air transportation plying routes within the region, and to communications facilities whose frequencies were confined to and whose main offices were located within the autonomous region. This carve-out became the legal basis for the devolution of specific transportation and communications functions.

How devolution was carried out in practice

Devolution under the ARMM was implemented through executive orders that transferred specific national functions to the Autonomous Regional Government., issued in 1993, devolved to the ARMM the powers and functions of the Department of Health, along with control and supervision over its offices in the region. It transferred administrative control over regional, provincial, city, municipal, district, and barangay health units and government-owned health establishments. It also vested in the Regional Department of Health the authority to define regional health policy, implement health programs, regulate health facilities, and issue licenses and permits, subject to national standards and certain retained national functions such as quarantine and food and drug regulation.

Executive Order No. 435, issued in 1997, devolved to the ARMM certain powers and functions of the Department of Transportation and Communications, its sectoral offices, and attached agencies. The order transferred offices, personnel, equipment, properties, budgets, assets, and liabilities to the Autonomous Regional Government. It devolved specific functions covering land transportation, franchising and regulation, air transportation, maritime industry, ports, telecommunications, and civil aeronautics, but only insofar as their exercise was confined to the ARMM and did not affect areas outside the autonomous region.

Both orders followed a transition model. Executive Order No. 435 provided for a transition period not exceeding one year, during which the national agency extended assistance and support to ensure that services were not disrupted. similarly provided for an interim phase of up to one year for the regional department to build its administrative and technical capacity before full devolution.

What the transition to BARMM changed

The ARMM was superseded by the BARMM under a new organic law. The BARMM is a distinct autonomous entity with its own governing statute, ministerial structure, and transition authority. The devolved powers described in Republic Act No. 9054 and the implementing executive orders were tied to the ARMM framework and its institutions.

What carried over is the underlying constitutional design: an autonomous region exercises powers devolved to it by the Constitution and by law, while all powers not granted to the region remain with the national government. The BARMM's authority is now defined by its own organic law rather than by Republic Act No. 9054, and the specific devolution arrangements for health, transportation, and communications have been reorganized under the Bangsamoro transition framework.

For legal purposes, the ARMM-era statutes and orders remain relevant as historical sources and as interpretive aids for understanding how devolution was structured, but they no longer directly govern the Bangsamoro region's present powers.

Frequently asked questions

What powers were devolved to the ARMM? Under Republic Act No. 9054 and implementing executive orders, the ARMM exercised devolved functions in areas such as health, land transportation, air transportation, maritime regulation, ports, telecommunications, and civil aeronautics, limited to matters confined within the region.

Does Republic Act No. 9054 still apply to the BARMM? No. Republic Act No. 9054 was the organic act of the ARMM, which has been replaced by the BARMM under a new organic law. The BARMM's powers are now defined by its own governing statute.

What happened to national agencies' functions in the region during the transition? During the ARMM transition, national agencies extended assistance and support for a limited period while the regional government organized its offices, ensuring that public services continued without disruption.

Practical takeaways

• Devolution under the ARMM transferred specific national functions to the Autonomous Regional Government, but only those expressly granted by Republic Act No. 9054 or necessary and incidental to regional governance.
• Article IV, Section 3 of Republic Act No. 9054 reserved core national matters to the national government, including foreign affairs, defense, citizenship, and general auditing.
• devolved health functions, while Executive Order No. 435 devolved transportation and communications functions, each with a transition period of up to one year.
• Devolved powers were limited to matters confined within the region and not affecting areas outside it.
• The BARMM now operates under its own organic law, so ARMM-era statutes serve mainly as historical and interpretive references.

Primary sources

The rules discussed above are drawn from the following primary sources, as published in the Official Gazette and the national statute book.

• REPUBLIC ACT NO. 9054 - AN ACT TO STRENGTHEN AND EXPAND THE ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 6734, ENTITLED "AN ACT PROVIDING FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO," AS AMENDED (REPUBLIC ACT No. 9054)

• EXECUTIVE ORDER NO. 435 - DEVOLVING TO THE AUTONOMOUS REGIONAL GOVERNMENT OF THE AUTONOMOUS REGION IN MUSLIM MINDANAO CERTAIN POWERS AND FUNCTIONS OF THE DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS, ITS SECTORAL OFFICES AND ATTACHED AGENCIES IN THE REGION, AND FOR OTHER PURPOSES (EXECUTIVE ORDER No. 435)

• EXECUTIVE ORDER NO. 133 - DEVOLVING TO THE AUTONOMOUS REGIONAL GOVERNMENT OF THE AUTONOMOUS REGION IN MUSLIM MINDANAO THE POWERS AND FUNCTIONS OF THE DEPARTMENT OF HEALTH, THE CONTROL, AND SUPERVISION OVER ITS OFFICES IN THE REGION AND FOR OTHER PURPOSES (EXECUTIVE ORDER No. 133)

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.