IRR of BAA No. 57

Bangsamoro Autonomous Region in Muslim Mindanao Rrmthlir nf thr hilippines

Bangsamoro Government Center, Governor Gutierrez Avenue, Rosary Heights VII,Cotabato City 9600 OFFICEOFTHECHIEFMINISTER

IMPLEMENTING RULES AND REGULATIONS OF BANGSAMORO AUTONOMY ACT NO. 57 (BAA NO. 57) OTHERWISE KNOWN AS AN ACT PROVIDING FOR FINANCIAL ASSISTANCE

TO BANGSAMORO MUJAHIDEEN AND CREATING THE OFFICE OF THE BANGSAMORO MUJAHIDEEN UNDER SPECIAL CIRCUMSTANCE, DEFINING ITS BASIC ORGANIZATIONAL STRUCTURE,PROVIDING FUNDS THEREFOR

AND FOR OTHER PURPOSES

BACKGROUND

Pursuant to Section 12 of BAA NO. 57, otherwise known as "An Act Providing for

Sha'ban 1445 AH / 26 February 2024,and published on 8 Ramadhan 1445 AH / 19 March Bangsamoro Mujahideen under Special Circumstance, Defining its Basic Organizational Structure, Providing Funds Therefor and for Other Purposes, which was approved on 16 2024, the following Rules and Regulations are hereby adopted to effectively implement Financial Assistance to Bangsamoro Mujahideen and Creating the Office of the

the provisions of the Act:

RULE I. GENERAL PROVISIONS

SECTION 1. Title. These rules and regulations shall be referred to as the "Implementing Rules and Regulations (IRR) of Bangsamoro Autonomy Act No. 57 (BAA No. 57) otherwise known as the Bangsamoro Mujahideen Under Special Circumstance Act of 2024."

effective implementation of BAA No. 57 and to provide guidelines for: SECTION 2. Purpose. This IRR is promulgated to ensure the proper, efficient, and

a. the application, processing, and release of financial assistance to the

Mujahideen of the Moro Islamic Liberation Front (MILF) and Moro National Liberation Front (MNLF) who are senior citizens and/or permanently disabled; and

b. the establishment of the Office of Bangsamoro Mujahideen Under Special

Circumstance.

SECTION 3. Construction. This IRR shall be liberally construed to ensure the fulfillment of the declared policy in BAA No. 57. In case of conflict or ambiguity, the same shall be construed in favor of the senior citizens and/or permanently disabled members of the MILF or MNLF.

Philippine laws, international human rights laws and related instruments, and Nothing in this IRR shall be construed as precluding provisions in existing

international humanitarian laws that are more conducive to the realization of the rights of the senior citizen and/or permanently disabled individuals.

SECTION 4. Definition of Terms. -- For purposes of this Implementing Rules and Regulations, the following terms are defined as follows:

a. Authorized Government Depository Banks (AGDBs) - refer to banking

institutions accredited and managed by the government which are also categorized as government-owned and -controlled corporations (GOCC) or government financial institutions.

b. Meaningful Participation - refers to actual combat, logistics, and medical

participation.

b. Mujahideen Under Special Circumstance -- refers to male and female members

of MILF and MNLF who are senior citizens and/or persons with permanent partial or total disability.

c. Permanent Partial Disability -- refers to disabilities that arise due to the

complete and permanent loss of the use of any of the following resulting in the disability to work for a limited period of time:

I any finger;

' one arm;

I one foot;

Iv any toe;

V one hand;

V one leg:

Vi. one or both ears;

Vi. hearing of one or both ears;

Ix sight of one eye; and

X such other cases as may be determined and approved by the OBMUSC.

d Permanent Total Disability - refers to disabilities that are due to injury or disease causing complete, irreversible, and permanent incapacity that wil

occupation resulting in loss of income. The following disabilities are deemed permanently disable a member to work or to engage in any gainful total and permanent:

Complete loss of sight for both eyes;

I Loss of two limbs at or above the ankle or wrists;

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Iii. Permanent complete paralysis of two limbs;

N Brain injury resulting in incurable imbecility or insanity; and

Such other cases as may be determined and approved by OBMUSC.

e. Underprivileged -- refers to Bangsamoro Mujahideen with an annual income of

and is subject to annual review by the OBMUSC under Section 20 of this IRR. It not more than Two Hundred Fifty Thousand Pesos (Php 250,000.00). This shall refer to income for two years immediately preceding the availment year

funded programs. benefits received from nationally-funded, regionally-funded, and locally shall likewise refer to income for a full calendar year, excluding social welfare

RULE HI. THE OFFICE OF THE BANGSAMORO MUIAHIDEEN UNDER SPECIAL CIRCUMSTANCE

Under Special Circumstance (OBMUSC) is hereby established, under the operational SECTION 5. Creation and Supervision. The Office of Bangsamoro Mujahideen

Supervision and control of the Office of the Chief Minister.

SECTION 6. Powers and Functions. The OBMUSC shall perform the following:

c. Conduct a mandatory review on the current cost of living adjustment to b. Maintain an updated list or register of qualified beneficiaries; a. Extend assistance to qualified beneficiaries; determine the sufficiency of the herein granted allowance every three (3)

years for purposes of recommending to the OcM any increase of cash

d. Provide sanctions as it may deem necessary to non-compliant beneficiaries; 2 Develop programs to aid, assist, and facilitate beneficiaries in the allowance in subsequent legislation;

Perform such other relevant functions as may be assigned by the Chief Minister. acquisition and compliance with the requirements under this IRR; and

SECTION 7. Composition. The OBMUSC shall be headed by Bangsamoro Mujahideen Raie and shall have three main sections, to wit:

a. Processing and Validation Section; b. Benefit Availment Section; and c. Monitoring and Evaluation Section.

shall have the rank of Director II and shall serve for a fixed term of three (3) years, with the possibility of reappointment in accordance with existing laws. After the initial term, issued for a period of one year, renewable annually. any subsequent appointments to the position of Bangsamoro Mujahideen Raie shall be SECTION 8. Term and Nature of Appointment. The Bangsamoro Mujahideen Raie

by the Chief Minister. SECTION 9. Appointment. The Bangsamoro Mujahideen Raie shall be appointed

Mujahideen Director Raie shall possess the following qualifications, to wit: SECTION 10. Qualifications of Bangsamoro Mujahideen Raie. The Bangsamoro

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a. Master's Degree in either secular or non-secular education; and b. At least five (5) years of relevant experience/s aligned with the declared policies and principles by BAA 57.

Bangsamoro Mujahideen Raie shall have the following functions: SECTION 11. Functions of Bangsamoro Mujahideen Raie. The appointed

b. Adopt a grievance mechanism to resolve conflicts and hear grievances a. Manage the overall operations of the OBMUSC; C Ensure that the OBMUSC's operations are aligned with the policies set forth in pertaining to applications; and

BAA 57.

following functions: SECTION 12. Processing and Validation Section. This section performs the

a. Receive and process applications from potential beneficiaries; b. Verify the authenticity of the documents submitted by the applicants; and c. Coordinate with the Central Committees of MILF and MNLF to ensure the authenticity of the documents submitted by the applicants.

SECTI0N 13. Benefit Availment Section. This section performs the following functions:

a. Facilitate disbursing funds and ensuring that beneficiaries receive their

b. Receive inquiries on entitlements, and conduct preliminary assessment of financial assistance in accordance to herein Sec. 16;

d. Conduct information campaigns as necessary, including but not limited to the e. Address all other concerns related to benefit availment. Maintain records of all transactions and disbursements to ensure transparency and accountability: renewal period and requirements; and potentially entitled beneficiaries;

following functions: SECTION 14. Monitoring and Evaluation Section. This section performs the

b. Evaluate the sufficiency of the benefits provided to the beneficiaries c. Gather feedback from beneficiaries and stakeholders to improve the services a. Adopt a monitoring mechanism; of the OBMUSC and recommend adjustments to the benefit schemes whenever considering changes in the cost of living and other relevant factors;

d. Conduct periodic reviews of beneficiaries and act on any discrepancies, non- necessary and practicable;

e. Project the benefit funding requirements including anticipated increase in compliance, or misrepresentations;

f. Investigate claims against authenticity of applications. beneficiaries and/or attrition; and

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RULE HI. BENEFITS AND BENEFICIARIES

SECTION 15. Benefits and Manner of Release. Qualified beneficiaries shall receive

released in the following manner: financial assistance of Seven Thousand Pesos (Php 7,000.00) per month which shall be

A. Applicants whose applications are received from April 3, 2024, to April 2, 2025, if

approved, shall be entitled to a one-time financial assistance in a lump sum amount of Eighty-Four Thousand Pesos (Php 84,000.00). The said amount shall represent the financial assistance of the beneficiary for twelve (12) months reckoned from the date of their application and the twelve (12) months thereafter.

After the aforesaid 12-month period, the beneficiary shall be entitled to quarterly financial assistance in the amount of Twenty-One Thousand Pesos (Php of the 12-month period and the end of each quarter that follows. 21,000.00), to be paid not later than the last day of the quarter following the end

B. Applicants whose applications are received beyond April 2, 2025, if approved, shall only be entitled to quarterly financial assistance in the amount of Twenty One Thousand Pesos (Php 21,000.00) reckoned from the date of application, if

approved, to be paid not later than the last day of each quarter.

SECTION 16. Beneficiaries. The beneficiaries of BAA 57 are Mujahideen Under Special Circumstance, categorized into:

A Senior Citizen Mujahideen. Under this category, the beneficiaries shall meet the following qualifications:

a. At least sixty (60) years old on or before April 3, 2024, or at the time of the

b. Have meaningfully participated in the struggle for the right to self- effectivity of BAA No. 57;

determination of the Bangsamoro People between 1969 and 2014 for at least twenty (20) years which can either be continuous or not; and c. Underprivileged.

B. Mujahideen with Permanent Total Disability. Under this category, the beneficiaries shall meet the following qualifications:

a. Permanently disabled due to injury or disease, causing complete, irreversible, and permanent incapacity that will permanently disable a member to work or

b. Have meaningfully participated in the struggle for the right to "self- to engage in any gainful occupation resulting in loss of income (Sec 4, (d)); determination of the Bangsamoro People between 1969 and 2014 for at least

c. Underprivileged. twenty (20) years which can either be continuous or not; and

C Mujahideen with Permanent Partial Disability. Under this category, the

beneficiaries shall meet the following qualifications:

a. Permanently disabled that arise due to the complete and permanent loss of the

use of any of the following resulting in the disability to work for a limited period of time (Sec. 4, (c))

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b. Have meaningfully participated in the struggle for the right to self- twenty (20) years which can either be continuous or not; and determination of the Bangsamoro People between 1969 and 2014 for at least

c. Underprivileged.

meaningful participation in the struggle for the right to self-determination between 1969 Provided that, the aforegoing disabilities shall not be necessarily a result of their

and 2014.

Provided further that, self-inflicted harms are not covered and compensated under this Act.

Mujahideen who fall under more than one category shall be included in only one category insofar as the amount of his or her cash assistance is concerned.

The benefits herein granted shall be lifetime and are non-transferrable

RULE IV. AVAILMENT AND APPLICATION

beneficiaries, the following are their respective requirements: Section 17. Application Requirements. For the different categories of

A. Senior Citizen Mujahideen. Under this category, the following documents shall

be submitted:

b. Any primary ID issued by the government showing one's date of birth, such as a. Duly accomplished Application Form; but not limited to, Passport, Voter's ID, SSS/GSIS ID, and PRC ID; AND c. Income Tax Return duly filed with and received by the Bureau of Internal

Revenue (BIR) or its equivalent, OR notarized Sworn Statement attesting to the annual income of the applicant.

unavailabie, the following secondary documents shall be submitted: In lieu of a primary government-issued ID as specified above, when

a.Two (2) secondary IDs issued by the government; OR b. One (1) secondary ID issued by the government AND a birth certificate OR Joint Affidavit of two disinterested persons attesting to the fact of birth of the

applicant.

B. Mujahideen with Permanent Total Disability. Under this category, the

following documents shall be submitted:

b. Any primary ID issued by the government showing one's date of birth, such as a. Duly accomplished Application Form; but not limited to, Passport, Voter's ID, SSS/GSIS ID and PRC ID; c. Income Tax Return duly filed with and received by Bureau of Internal Revenue

(BIR) or its equivalent, OR notarized Sworn Statement attesting to the annual

d. PWD ID OR Medical Certificate indicating that the applicant suffers from income of the applicant; AND permanent total disability, duly issued by a government physician with the following information;

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I IN V I V Y Full Name of the Physician; Clinic Address; Date of Issuance of the Certificate PRC Number; Contact Information; History of Injury or Disease and Complete Diagnosis; and

unavailable, the following secondary documents shall be submitted: In lieu of a primary government-issued ID as specified above, when

a. Two (2) secondary IDs issued by the government; OR b. One (1) secondary ID issued by the government AND a birth certificate OR applicant. Joint Affidavit of two disinterested persons attesting to the fact of birth of the

C Mujahideen with Permanent Partial Disability. Under this category, the

following documents shall be submitted:

a. Duly accomplished Application Form; b. Any primary ID issued by the government showing one's date of birth, such as C. Income Tax Return duly filed with and received by Bureau of Internal Revenue but not limited to, Passport, Voter's ID, SSS/GSIS ID, and PRC ID;

d. PWD ID OR Medical Certificate indicating that the applicant suffers from permanent total disability, duly issued by a government physician with the income of the applicant; AND following information; (BIR) or its equivalent, OR notarized Sworn Statement attesting to the annual

T IN V I V 1 Full Name of the Physician; PRC Number; Clinic Address; Contact Information; History of Injury or Disease and Complete Diagnosis; and Date of Issuance of the Certificate.

In lieu of a primary government-issued ID as specified above, when unavailable, the following secondary documents shall be submitted:

b. One (1) secondary ID issued by the government AND a birth certificate OR a. Two (2) secondary IDs issued by the government; OR Joint Affidavit of two disinterested persons attesting to the fact of birth of the

applicant.

RULE V. DISOUALIFICATION, DELISTING RENEWAL AND REINCLUSION

SECTION 18. Removal from Underprivileged Qualification. In the event that the annual calendar year income excluding social welfare benefits exceeds Two Hundred Fifty Thousand Pesos (Php 250,000.00), the Mujahideen shall be removed from the list of beneficiaries. He or she shall be notified through writing.

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This shall be without prejudice to reinclusion in the event that his or her annual calendar year income, excluding social welfare benefits, falls below Two Hundred Fifty Thousand Pesos (Php 250,000.00).

SECTION 19. Annual Renewal of Active Status. The OBMUSC shall develop

assessed on their level of well-being and qualification as beneficiaries. standardized procedures, mechanisms, and tools to ensure that the beneficiaries are

beneficiaries with limited mobility or health issues. Provided further, that, for Permanent Total Disability, such assessment shall pertain only to the level of well-being. Provided that, procedures shall include any alternative method for renewal for

The annual renewal procedure shall coincide with their birth month every year.

of active status, payment of quarterly pension shall be suspended. SECTION 20. Effects of Non-renewal of Active Status. In the event of non-renewal

unclaimed benefits shall be forfeited and deposited to the Bangsamoro Treasury Office. disqualification and automatic removal from the list of beneficiaries for which any Non-renewal of active status for a period of two (2) consecutive years shall cause

A beneficiary deemed inactive shall continue to be in the register of the OBMUSC.

renewal of active status under Sec. 20 may be reincluded in the list of beneficiaries. was subsequently removed for non-compliance to criteria under Sec. 17 or from non- SECTION 21. Reinclusion. A beneficiary previously entitled to cash benefits but

Documentary requirements for reinclusion shall be as follows: The OBMUSc shall develop a standardized procedure for reinclusion.

a. Notarized Sworn Statement of annual income falling below Two Hundred Fifty b. Notarized Sworn Statement of cause of non-renewal of active status including Thousand Pesos (Php 250,000.00) in the last twelve (12) months; and any proof of cause, if applicable.

under the next preceding paragraph, benefits shall commence in the same quarter SECTION 22. Effectivity of Benefit Upon Reinclusion. In the event of reinclusion

he/she has been approved for reinclusion, without prejudice to the accrual of benefits upon a show of proof of qualification for back payment of benefits attributable to justifiable delays in reinclusion.

the quarter, he or she shall still be entitled to receive the full amount of stipend for the SECTION 23. Death of Beneficiary. In case the beneficiary dies on any day within

quarter to be given to the authorized representative in accordance with Sec. 27 of this IRR

SECTION 24. Erroneous Remittance. Any benefit erroneously issued or deposited to elected modes of transfer of a beneficiary, including death or non-renewal of active status shall be refunded by the beneficiary or his/her estate.

For such purpose, the OBMUSC shall be authorized to pursue a refund of the same, without prejudice to imposition of administrative liabilities on accountable officers upon due notice and hearing.

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RULE VI. DISTRIBUTION OF CASH BENEFITS

Section 25. Modes of Transfer. The OBMUSC shall provide qualified beneficiaries with direct and secured access to cash grants that is secured through any number of Authorized Government Depository Banks (AGDBs).

For localities not adequately served by an AGDB, the OBMUSC may, by itself or through an AGDB, contract the services of rural banks, thrift banks, cooperative banks and institutions engaged in money remittances duly accredited by the Bangko Sentral ng Pilipinas (BSP).

If the preceding modes are not feasible, alternate payment schemes such as mobile payments service may be employed provided that such mode has been explicitly declared by the beneficiary as his/her mode of cash benefit access.

authorized representative, he/she shall present the following. Section 26. Authorized Representatives. In case the stipend will be claimed by an

a. Accomplished Certification and Authorization; b. Photocopy of OBMUSC ID, if any, of the Beneficiary; and c.Photocopy of ID of the Claimant.

For Deceased beneficiaries with accrued or unclaimed benefits, the claimant shall present the following:

a. Original or Certified True Copy of Death Certificate; d. Photocopy of ID of the Claimant. b. Accomplished Warranty and Release from Liability; Photocopy of OBMUSC ID of the Beneficiary; and

RULE VH. FINAL PROVISIONS

(Php 500,000,000.00) shall be allocated for the implementation of this Act. Subsequent SECTION 27. Appropriations. An initial amount of Five Hundred Million Pesos

funding shall be included in the annual General Appropriations Act of the Bangsamoro under the OCM.

SECTION 28. List of Persons with Meaningful Participation. In coordination with the Technical Working Group, the MILF and MNLF through their Secretary General or authorized representative shall, within thirty (30) days from the effectivity of this IRR provide OBMUSC an initial list of persons who had meaningful participation as defined in this IRR An updated list/s of persons who had meaningful participation may be submitted thereafter, provided that the same is complied with within three (3) years from the effectivity of the Act. No updated list shall be accepted by the OBMUSC after the prescribed period.

the OBMUC through its Monitoring and Validation Section shall coordinate with the Central Committees of MILF and MNLF. To address discrepancy, non-compliance, or misrepresentation in the list, if any.

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The list shall have the following information:

a b. Alias/Pseudonym, if any Full Name

C. Date of Birth e f f Recent Photo with nametag Signature and/or Thumbmark Sex

g. h. Contact Information Address

h. Estimated Period of Participation

SECTION 29. Effectivity. This IRR shall take effect fifteen (15) days after its publication in the Official Gazette or a newspaper of regional circulation in the Bangsamoro Autonomous Region in Muslim Mindanao or the Bangsamoro Official Gazette.

Done this 2ft day of September 2024 in Cotabato City.

Approved

AHOD B.EBRAHIM

Chief Minister

OCM-BARMM AMS-RD AAA169031

a O Regio 3n3

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