Bangsamoro Organic Law (RA 11054): What It Is and What It Created

The Bangsamoro Organic Law is Republic Act No. 11054, the law providing for the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao. It created a new political entity — the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) — and repealed the old autonomous region's charter, Republic Act No. 6734, as amended by Republic Act No. 9054. The law provides for the region's basic structure of government, its powers, territory, and intergovernmental arrangements with the National Government, all within the framework of the Constitution and the national sovereignty and territorial integrity of the Republic.

What the law created

Under Section 2, Article I, the political entity is known as the Bangsamoro Autonomous Region in Muslim Mindanao. Its purpose, stated in Section 3, is to establish that entity and provide for its basic structure of government in recognition of the justness and legitimacy of the cause of the Bangsamoro people and the aspirations of Muslim Filipinos and all indigenous cultural communities in the region to secure their identity and posterity, allowing for meaningful self-governance.

The region has a parliamentary form of government (Section 3, Article IV). Executive authority is exercised by a Cabinet headed by a Chief Minister, who is elected by a majority vote of all the members of the Parliament (Section 4, Article VII). Legislative authority rests in the Bangsamoro Parliament (Section 2, Article VII).

Who are the Bangsamoro people

Section 1, Article II defines the Bangsamoro people as those who, at the advent of Spanish colonization, were considered natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands, whether of mixed or full blood. They have the right to identify themselves, their spouses, and their descendants as Bangsamoro.

The law also protects others. Section 9, Article IV requires the Bangsamoro Government to recognize and promote the rights of non-Moro indigenous peoples within the framework of the Constitution and national laws. Section 10 guarantees freedom of choice and prohibits discrimination on the basis of identity, religion, and ethnicity.

What territory the region covers

Section 2, Article III lists the composition of the territorial jurisdiction, subject to a plebiscite under Section 3, Article XV. It includes the present geographical area of the former Autonomous Region in Muslim Mindanao; certain municipalities in Lanao del Norte that voted for inclusion in the 2001 plebiscite; thirty-nine barangays in North Cotabato that likewise voted for inclusion; the City of Cotabato; the City of Isabela in Basilan; and other contiguous areas where a local government resolution or a petition of at least ten percent of registered voters seeks inclusion at least two months before ratification.

The region's municipal waters extend up to fifteen kilometers and its regional waters up to nineteen kilometers from the low-water mark of the coasts within its jurisdiction (Section 4, Article III).

What powers the Bangsamoro Government exercises

Section 2, Article V enumerates the matters over which the Bangsamoro Government exercises authority, without prejudice to the general supervision of the President. These include administration of justice, ancestral domain and natural resources, customary laws, education and skills training, health, Islamic banking and finance, labor and employment, tourism development, and urban land reform and use, among many others.

Powers not granted by the Constitution or national law to the Bangsamoro Government remain vested in the National Government (Section 1, Article V). The President exercises general supervision over the Bangsamoro Government to ensure that laws are faithfully executed, and may suspend the Chief Minister for a period not exceeding six months for willful violation of the Constitution, national laws, or the Organic Law (Section 1, Article VI).

How the region coordinates with the National Government

Article VI creates several mechanisms, including the National Government-Bangsamoro Government Intergovernmental Relations Body to coordinate and resolve issues through regular consultation and continuing negotiation in a non-adversarial manner; a Philippine Congress-Bangsamoro Parliament Forum for legislative coordination; an Intergovernmental Fiscal Policy Board; a Joint Body for the Zones of Joint Cooperation; an Intergovernmental Infrastructure Development Board; and an Intergovernmental Energy Board.

What happened to the old autonomous region

The law expressly repeals Republic Act No. 6734, the original Organic Act for the Autonomous Region in Muslim Mindanao, as amended by Republic Act No. 9054. The old region's geographical area subsists as part of the new region's territorial jurisdiction only until the Organic Law is ratified through a plebiscite, as stated in Section 2, Article III.

Frequently asked questions

What is the Bangsamoro Organic Law in simple terms? It is Republic Act No. 11054, the charter that created the Bangsamoro Autonomous Region in Muslim Mindanao and set up its parliamentary government, powers, and territory.

Did the Bangsamoro Organic Law repeal RA 9054? Yes. Republic Act No. 11054 repealed Republic Act No. 6734, as amended by Republic Act No. 9054.

What kind of government does the Bangsamoro Autonomous Region have? It has a parliamentary form of government, with a Parliament that sets policies and elects a Chief Minister who exercises executive authority.

Practical takeaways

• Republic Act No. 11054 is the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao.
• It created the BARMM and repealed RA 6734, as amended by RA 9054.
• The region has a parliamentary government headed by a Chief Minister elected by the Parliament.
• The President exercises general supervision and may suspend the Chief Minister for up to six months for willful violation of the Constitution, national laws, or the Organic Law.
• Powers not granted to the Bangsamoro Government remain with the National Government.

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. 11054 - AN ACT PROVIDING FOR THE ORGANIC LAW FOR THE BANGSAMORO AUTONOMOUS REGION IN MUSLIM MINDANAO, REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 6734, ENTITLED "AN ACT PROVIDING FOR AN ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO," AS AMENDED BY REPUBLIC ACT NO. 9054, ENTITLED "AN ACT TO STRENGTHEN AND EXPAND THE ORGANIC ACT FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO" (REPUBLIC ACT No. 11054)

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