Bangsamoro Local Governance Code: What BAA No. 49 Means for BARMM LGUs

The Bangsamoro Local Governance Code of 2023 is Bangsamoro Autonomy Act No. 49 (BAA No. 49), enacted by the Bangsamoro Transition Authority Parliament. Section 1 states that the Act "shall be known and cited as the 'Bangsamoro Local Governance Code of 2023.'" It applies to all constituent provinces, cities, municipalities, barangays, and other political subdivisions created by law, and—to the extent provided—to officials, offices, or agencies of the Bangsamoro Government (Section 4). Its central thrust is genuine local autonomy: constituent local government units (LGUs) are to be given more powers, authority, responsibilities, and resources through a gradual, systematic process of decentralization running from the Bangsamoro Government down to its LGUs.

What the Code Says About Local Autonomy

Section 2 declares it Bangsamoro policy that territorial and political subdivisions enjoy genuine and meaningful local autonomy and self-governance, pursuant to the principles of moral governance. Decentralization proceeds from the Bangsamoro Government to its constituent LGUs.

Section 3 lays out the operative principles of decentralization. Among them: powers, functions, responsibilities, and resources must be allocated effectively and systematically among LGUs; each LGU must have an accountable, efficient, and dynamic organizational structure; and every duty vested in an LGU must come with reasonably adequate resources. LGUs may also group themselves, consolidate, or coordinate efforts and resources for the general welfare.

The Rules of Interpretation

Section 5 sets out how the Code is read. Any provision on an LGU power is liberally interpreted in favor of the LGU, and doubts are resolved in favor of devolution and of the lower local government unit. Tax ordinances and revenue measures, however, are construed strictly against the enacting LGU and liberally in favor of the taxpayer. Where no legal provision or jurisprudence applies, customs and traditions in the place where the controversy arose may be resorted to.

Creating, Dividing, and Merging LGUs

Under Section 6, the Parliament may create, divide, merge, abolish, 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.

Section 7 requires verifiable indicators of viability: income sufficient to provide essential facilities and services, population, and land area that is contiguous (unless the LGU comprises two or more islands) and properly identified by metes and bounds. Compliance is attested to by the Department of Finance through the Bureau of Local Government Finance, the Philippine Statistics Authority, and the relevant office of the Ministry of Environment, Natural Resources and Energy.

Section 10 requires a plebiscite: no creation, division, merger, abolition, or substantial alteration of boundaries takes effect unless approved by a majority of votes cast in the political unit or units directly affected. The plebiscite is conducted by the Bangsamoro Electoral Office of the Commission on Elections within one hundred twenty (120) days from the effectivity of the law or ordinance, unless another date is fixed.

Devolved Powers and Basic Services

Section 18 provides that LGUs shall endeavor to be self-reliant and shall discharge the powers, functions, services, and facilities devolved to them under the Code. Bangsamoro ministries, offices, and agencies are to gradually devolve basic services and facilities to LGUs within five (5) years after the effectivity of the Code, subject to guidelines and a comprehensive assessment of LGUs' financial viability and technical capacity.

The Code defines "devolution" as the act by which the Bangsamoro Government confers power and authority upon constituent LGUs to perform specific functions and responsibilities. Devolved services are funded primarily from the LGU share in national taxes and other local revenues, with Bangsamoro Government support as a supplement when necessary.

Supervision, Coordination, and Consultation

Section 29 vests general supervision in the Chief Minister over constituent LGUs, to ensure their acts stay within their prescribed powers. This supervision is exercised directly over provinces, highly urbanized cities, and independent component cities; through the province over component cities and municipalities; and through the city or municipality over barangays.

Section 32 requires prior consultation before projects or programs are implemented by government authorities, and prior approval of the sanggunian concerned where a project may cause adverse environmental effects as determined by the MENRE.

Frequently asked questions

What is the Bangsamoro Local Governance Code? It is Bangsamoro Autonomy Act No. 49, the law providing for the local governance framework of the BARMM. Section 1 names it the "Bangsamoro Local Governance Code of 2023."

Which LGUs are covered by BAA No. 49? Under Section 4, it applies to all constituent provinces, cities, municipalities, barangays, and other political subdivisions created by law, and to Bangsamoro Government officials, offices, or agencies to the extent provided.

How is a new barangay or municipality created in the BARMM? The Parliament may create, divide, merge, abolish, or alter boundaries of municipalities or barangays by law, while the sangguniang panlalawigan or panlungsod may do so for constituent barangays by ordinance—subject to the viability indicators and a plebiscite under Sections 7 and 10.

Practical takeaways

• BAA No. 49 is the Bangsamoro Local Governance Code of 2023; its full title appears in Section 1.
• Doubts on LGU powers are resolved in favor of devolution and the lower LGU, but tax measures are read strictly against the LGU.
• Creating, dividing, merging, or abolishing an LGU requires a plebiscite conducted within 120 days of the law or ordinance, unless another date is fixed.
• Devolution of basic services to LGUs is to be carried out gradually within five (5) years after the Code's effectivity.
• The Chief Minister exercises general supervision over LGUs, directly or through higher LGUs, depending on the LGU level.

Primary sources

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

Bangsamoro Autonomy Act No. 49Open in Law LibraryDownload PDF

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.