Bangsamoro Administrative Code (BAA No. 13): What It Governs

The Bangsamoro Administrative Code, enacted as Bangsamoro Autonomy Act No. 13 (BAA No. 13), is the law that prescribes the structural, functional, and procedural principles and rules of governance of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM). It governs how the regional government is organized, how its powers are exercised, and how it relates to the national government and to local government units. It is not a criminal statute and it does not create private rights of action; it is the region's internal charter of administration.

What BAA No. 13 is and what it does

Section 1 of the Code states that it "shall be known and cited as the 'Bangsamoro Administrative Code.'" Section 2 sets out its purpose: to prescribe the structural, functional, and procedural principles and rules of governance of the BARMM.

The Code is built on a declaration of principles and policies under Section 3. Among these, the Bangsamoro Autonomous Region is described as an autonomous regional government with an asymmetrical relationship with the Republic of the Philippines, parliamentary in form, with a democratic political system where government authority resides in the people.

The structure of the Bangsamoro Government

The Code organizes the regional government into books. Book I covers Bangsamoro autonomy and administration; Book II covers intergovernmental relations; Book III covers the Bangsamoro Autonomous Government itself.

Under Book III, the powers of government are vested in the Bangsamoro Parliament, which exercises the powers expressly granted to it by the Bangsamoro Organic Law and those necessary or incidental to governance. The Parliament legislates and elects a Chief Minister who exercises executive authority on its behalf.

Executive authority is exercised by the Cabinet, headed by the Chief Minister. The Chief Minister is elected by a majority vote of all members of Parliament, nominates two Deputy Chief Ministers, and appoints Cabinet members, a majority of whom must come from Parliament.

The Code also creates the office of the Wali, a ceremonial head of the Bangsamoro Government. The Wali is selected by Parliament from a list of names submitted by the Council of Leaders.

Territory and constituent units

Section 2 of Book I defines the territorial jurisdiction of the region: the provinces of Basilan, Lanao del Sur, Maguindanao, Sulu, and Tawi-Tawi; the cities of Cotabato, Lamitan, and Marawi; and the 63 barangays that opted for inclusion during the plebiscite. The provision also allows any province, city, municipality, barangay, or geographic area to join through any legal process.

The constituent units of the region are provinces, cities, municipalities, barangays, and geographical areas within its territorial jurisdiction. The seat of the Bangsamoro Government is Cotabato City, unless the Parliament provides otherwise by law.

Intergovernmental relations

Book II creates the Intergovernmental Relations Body (IGRB), which coordinates and resolves issues on intergovernmental relations through regular consultation and continuing negotiation in a non-adversarial manner. The Cabinet determines who represents the Bangsamoro Government in the IGRB, designated through a Special Memorandum Order issued by the Chief Minister.

The Code also lists other intergovernmental bodies, including the Philippine Congress-Bangsamoro Parliament Forum, the Intergovernmental Fiscal Policy Board, the Joint Body for the Zones of Joint Cooperation, the Intergovernmental Infrastructure Development Board, the Intergovernmental Energy Board, the Bangsamoro Sustainable Development Board, and the Council of Leaders.

The Council of Leaders advises the Chief Minister on matters of governance. It is headed by the Chief Minister and includes members of Congress from the region, provincial governors and city mayors, representatives from traditional leaders, non-Moro indigenous communities, women, settler communities, the Ulama, youth, and Bangsamoro communities outside the region, plus five sectoral representatives.

General principles governing public officers

Book I, Chapter 5 states that public office is a sacred public trust. Public officers and employees must be accountable to God and to the people, serve as "khalifa," and act with responsibility, integrity, loyalty, and efficiency.

The Code requires public officers and employees to submit, upon assumption to office and as often thereafter as required by law, a declaration under oath of their assets, liabilities, and net worth. It also provides rules on the civil liability of superior and subordinate officers, and on the non-suability of the Bangsamoro Government, which cannot be sued except with its consent as provided by law.

Public officers and employees must take an oath to uphold and defend the Constitution and the Bangsamoro Organic Law. The Code also makes it mandatory to take an Oath of Moral Governance, pledging dedication, honesty, justice, and integrity, and a commitment to fight graft and corruption.

Frequently asked questions

What is the Bangsamoro Administrative Code?

It is Bangsamoro Autonomy Act No. 13, the law prescribing the structural, functional, and procedural principles and rules of governance of the Bangsamoro Autonomous Region in Muslim Mindanao.

Is the Bangsamoro Administrative Code the same as the Bangsamoro Organic Law?

No. The Bangsamoro Organic Law is Republic Act No. 11054, which established the autonomous region. The Administrative Code is a separate regional law that provides the rules for how the regional government is organized and operates.

Where is the seat of the Bangsamoro Government?

Under the Code, the seat of the Bangsamoro Government is in Cotabato City, unless the Bangsamoro Parliament provides otherwise in a subsequent law.

Practical takeaways

• BAA No. 13 is the BARMM's administrative charter, covering structure, functions, and procedures of governance.
• Government powers are vested in the Bangsamoro Parliament, which elects the Chief Minister; executive authority is exercised by the Cabinet.
• The Code creates the Wali as ceremonial head and establishes the Council of Leaders and the Intergovernmental Relations Body.
• Public officers must file sworn declarations of assets, liabilities, and net worth and take both the oath of office and the Oath of Moral Governance.
• The Bangsamoro Government cannot be sued without its consent as provided by law.

Primary sources

The rules discussed above are drawn from the following issuances, embedded here in full for your reference.

BA-ACT NO. 13 (Bangsamoro Administrative Code)Open in Law LibraryDownload PDF

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