IRR of the Bangsamoro Local Governance Code (BAA No. 49): What the Rules Add

The Implementing Rules and Regulations of the Bangsamoro Local Governance Code of 2023 (Bangsamoro Autonomy Act No. 49) are known and cited as the Rules and Regulations Implementing the Bangsamoro Local Governance Code of 2023. They apply to all provinces, cities, municipalities, barangays, and other political subdivisions in the BARMM, as well as to its officials, ministries, offices, agencies, and government-owned and -controlled corporations. In short, the IRR is the operational manual that tells the Bangsamoro Government, its ministries, and every constituent local government unit how the Code is carried out in practice.

What the IRR covers and who must follow it

Article 2 of the IRR sets the scope: the Rules apply to all provinces, cities, municipalities, barangays, and such other political subdivisions as may be created by law, and to officials, ministries, offices, agencies, and other government instrumentalities — including GOCCs — within the BARMM, to the extent provided in the Code.

The IRR also restates the policy behind the Code. Under Article 3, territorial and political subdivisions are to enjoy genuine and meaningful local autonomy and self-governance, with the Bangsamoro Government providing a more responsive and accountable local government structure through decentralization. That decentralization moves from the Bangsamoro Government down to its constituent LGUs, and is meant to proceed in a gradual and systematic way.

The operative principles of decentralization

Article 6 of the IRR lists the principles that guide local autonomy in the BARMM. Among them:

• Powers, functions, responsibilities, and resources are to be allocated effectively and systematically among constituent LGUs.
• Under the Principle of Subsidiarity, constituent LGUs are considered better positioned to identify and address local concerns.
• Every constituent LGU must have an accountable, efficient, and dynamic organizational structure.
• Local officials and employees paid from local funds are appointed by the governor, mayor, or punong barangay — or the vice governor or vice mayor, as the case may be — according to merit and fitness, and may be removed only for cause, subject to BAA No. 17, the Bangsamoro Civil Service Code, and other civil service laws.
• Vesting duties on LGUs must come with adequate resources, so LGUs may create and broaden their own sources of revenue and are entitled to a just share in national taxes and an equitable share in natural resource proceeds.
• The MILG ensures faithful compliance by constituent LGUs with their obligations.

What the IRR says about creating or converting LGUs

Article 10 of the IRR provides that the Parliament may create, divide, merge, abolish, convert, or substantially alter the boundaries of municipalities or barangays by law. The Sangguniang Panlalawigan or Sangguniang Panlungsod may do the same for constituent barangays by ordinance. Newly created or altered LGUs are entitled to their appropriate share in the National Tax Allotment, provided the action is approved in a plebiscite by a majority of votes cast both by qualified voters in the new unit and those in the mother unit.

Article 12 lists the verifiable indicators for creation or conversion: income, population, and land area. Article 13 identifies who attests to compliance — the Department of Finance through the Bureau of Local Government Finance for income in the case of provinces and cities, the provincial treasurer for municipalities and barangays, the Philippine Statistics Authority for population, and the Ministry of Environment, Natural Resources and Energy for land area.

Under Article 14, no creation, conversion, division, merger, abolition, or substantial alteration of boundaries takes effect unless approved by a majority of votes cast in a plebiscite in the directly affected political units, including those who will be economically dislocated. The plebiscite is conducted by the Bangsamoro Electoral Office of the COMELEC within 120 days from the effectivity of the law or ordinance, unless another date is fixed.

Barangay creation under the IRR

For barangays, Article 16 sets three requirements: a population of not less than 2,000 inhabitants as certified by the PSA, without reducing the original barangay below the prescribed minimum; a contiguous land area, unless composed of two or more islands, properly identified by metes and bounds or permanent natural boundaries; and donation of a lot of not less than 1,500 square meters for a permanent government center.

Article 17 lays out where and how to file. Interested registered voters or the sanggunian concerned file a petition or resolution, with a technical description of the donated lot, a PSA certification on population, and a map with technical description certified by MENRE assisted by the city or municipal assessor. Filings go to the Sangguniang Panlungsod or Sangguniang Panlalawigan, or to Parliament. At least fifty (50) registered voters must file in person, submitting one original and four certified true copies.

Article 24 allows the creation of tribal barangays for non-Moro indigenous peoples who are a minority in their municipality or city but are natives thereof, by act of Parliament or ordinance of the Sangguniang Panlalawigan — even without complying with the requirements under Article 18 — provided the area is contiguous and NMIPs form the predominant population.

How conflicts between laws are resolved

Article 9 of the IRR supplies the hierarchy. Regional laws enacted by the Parliament prevail over ordinances of constituent LGUs. Executive Orders and Rules issued by the Chief Minister and BARMM Ministries under regional laws prevail over ordinances, executive orders, and rules of constituent LGUs. Provincial ordinances prevail over city and municipal ordinances, and city and municipal ordinances prevail over barangay ordinances.

Frequently asked questions

Does the IRR of BAA No. 49 apply to all LGUs in the BARMM? Yes. Under Article 2, the Rules apply to all provinces, cities, municipalities, barangays, and other political subdivisions, as well as to officials, ministries, offices, agencies, and GOCCs within the BARMM, to the extent provided in the Code.

How many residents are needed to create a barangay in the BARMM? Article 16 requires a population of not less than 2,000 inhabitants as certified by the PSA, and the creation must not reduce the original barangay below the prescribed minimum.

Who conducts the plebiscite for a new barangay? The plebiscite is conducted by the Bangsamoro Electoral Office of the COMELEC, within 120 days from the effectivity of the ordinance or law creating the barangay, unless that law or ordinance fixes another date.

Practical takeaways

• The IRR applies across the BARMM — to LGUs, ministries, offices, agencies, and GOCCs — so compliance is not limited to local officials.
• Creation or conversion of an LGU requires verified income, population, and land area, plus a plebiscite in the directly affected units.
• Creating a barangay requires at least 2,000 inhabitants, a contiguous area, and a donated lot of at least 1,500 square meters for a government center.
• Tribal barangays for non-Moro indigenous peoples may be created even without full compliance with the standard documentary requirements, provided the area is contiguous and NMIPs predominate.
• In conflicts, regional laws and BARMM-issued rules prevail over local ordinances, and higher-level local ordinances prevail over lower-level ones.

Primary sources

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

IRR OF BAA NO. 49Open 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.