Bangsamoro Electoral Code: BAA No. 35 and the BAA No. 88 Amendments

The Bangsamoro Electoral Code is Bangsamoro Autonomy Act No. 35 (BAA No. 35), the law prescribing the structural, functional, and procedural principles for elections, plebiscites, initiatives, referenda, and recall proceedings in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM). It was later amended by Bangsamoro Autonomy Act No. 88 (BAA No. 88), which changed key rules on regional political parties and sectoral representation. The most consequential amendments lowered the membership needed to establish a regional political party, reduced the party-representation electoral threshold, and required all sectoral certifications to be revoked and reissued under a new process.

What BAA No. 35 established

BAA No. 35 is titled "An Act Providing for the Bangsamoro Electoral Code of the Bangsamoro Autonomous Region in Muslim Mindanao." Under Section 2, it was promulgated pursuant to the Bangsamoro's right to self-governance, to prescribe the principles governing elections and to encourage the formation of genuinely principled political parties.

The Code created the Bangsamoro Electoral Office (BEO), established by the Commission on Elections (COMELEC) and under its direct control and supervision, to supervise national, regional, and local elections within the region. It also created the Bangsamoro Registration and Accreditation Committee (BRAC), composed of the Regional Election Director, the Assistant Regional Election Director, and the Provincial Election Supervisor of the province where the party's principal office is located. The BRAC receives party registration petitions and forwards them, with its recommendation, to the COMELEC en banc.

Under Section 1, Article IV, the Parliament is composed of 80 members: 50 percent Party Representatives, 40 percent District Representatives, and 10 percent Sectoral Representatives. Members serve three-year terms and may not serve more than three consecutive terms.

How BAA No. 88 changed the party rules

BAA No. 88 amended several provisions of BAA No. 35.

Party membership. Section 1, Article III of BAA No. 35 originally required at least ten thousand (10,000) members to establish a regional political party. BAA No. 88 reduced this to at least five thousand (5,000) members who are residents and registered voters in the Bangsamoro, distributed throughout the majority of its provinces and cities. Parties must still establish provincial and city chapters in all provinces and cities, and municipal chapters in the majority of municipalities in each province. Correspondingly, the notarized list of members required for registration under Section 4(c), Article III was also reduced to 5,000.

Women's representation. Section 9(b), Article III was retained: at least thirty percent (30%) of party nominees must be women, and as far as practicable, at least one in every three party nominees should be a woman.

Party representation threshold. Section 9, Article IV originally set the threshold at four percent (4%) of total valid votes cast for the party system election. BAA No. 88 lowered this to two and one-half percent (2.5%). Section 12(a), Article IV, on the manner of allocating party representation seats, was amended to the same 2.5% threshold.

Sectoral representatives under the amendments

BAA No. 88 introduced a new certification process. Section 6 requires sectoral organizations and sectoral wings of political parties to submit a verified petition, a verified list of members and officers, constitution and by-laws, platform and legislative agenda, and other requirements to the appropriate certifying ministries and offices.

The certifying office must act on a complete application within a non-extendible fifteen (15)-day period from receipt, and must issue the certification upon lapse of that period unless a justifiable cause exists for denial. A denial requires notice to the applicant stating the just cause or legal ground. Failure to act within the prescribed period is a ground for disciplinary action against the erring official.

Section 7 revoked and cancelled all certifications previously issued to sectoral organizations and sectoral wings, requiring a new certification process under the amendments.

Under Section 8, amending Section 17, Article IV, sectoral representatives — except the Non-Moro Indigenous Peoples, who are elected by their sectoral assembly — are elected through direct plurality of valid votes cast for the representative sectors. Candidates must be members of a regional political party or a sectoral party or organization duly accredited by the COMELEC, after certification by the appropriate ministry, office, or agency based on their track record in advocating for the sector. Section 9 provides that candidates for other sectors shall be fielded only by organizations duly accredited by the BRAC, with only one candidate per accredited organization allowed.

Registration and accreditation under the new rules

Section 17 of BAA No. 88 requires all existing political parties or organizations, including coalitions, intending to participate in the first BARMM Parliamentary Election to register and seek new accreditation with the COMELEC through the BRAC under the new eligibility requirements. Failure to secure accreditation bars participation in the electoral process. The COMELEC was directed to provide a period of not more than sixty (60) days for compliance following the promulgation of implementing rules and regulations.

BAA No. 88 also appropriated Five Hundred Million Pesos (PHP500,000,000.00) to augment COMELEC funds for the first BARMM Parliamentary Election, and directed the COMELEC to promulgate implementing rules and regulations within thirty (30) days from effectivity. The Act takes effect fifteen (15) days after publication in a newspaper of regional circulation.

Frequently asked questions

What is the Bangsamoro Electoral Code? It is Bangsamoro Autonomy Act No. 35, the law governing elections, plebiscites, initiatives, referenda, and recall proceedings in the BARMM, including the rules on regional political parties and parliamentary elections.

What did BAA No. 88 amend in BAA No. 35? It reduced the members needed to establish a regional political party from 10,000 to 5,000, lowered the party representation threshold from 4% to 2.5% of valid votes cast, revised the sectoral certification process, and required all existing parties to register and seek new accreditation.

How many members are needed to form a regional political party in the Bangsamoro? At least five thousand (5,000) members who are residents and registered voters in the Bangsamoro, as amended by BAA No. 88.

Practical takeaways

• BAA No. 35 is the Bangsamoro Electoral Code; BAA No. 88 is its amending law.
• The membership requirement for establishing a regional political party is now 5,000, down from 10,000.
• The party representation threshold is now 2.5% of total valid votes cast for the party system election.
• Sectoral certifications previously issued were revoked; a new certification process must be undertaken.
• Existing parties and coalitions must register and seek new accreditation through the BRAC to participate in the first BARMM Parliamentary Election.

Primary sources

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

Bangsamoro Autonomy Act No. 35Open in Law LibraryDownload PDF

Bangsamoro Autonomy Act No. 88Open 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.