Executive Order No. 0005 s. 2022

Bangsamoro Autonomous Region in Muslim Mindanao Repthlir of the quhilippintes

Bangsamoro Government Center. Governor Gutierrez Avenue, Rosary Heights VII, Cotabato City 960 OFFICE OFTHE CHIEF MINISTER

EXECUTIVE ORDER NO.0 0 0 5

Series of 2022

PROVIDING FOR THE IMPLEMENTING GUIDELINES GOVERNING THE SPECIAL PROVISIONS FOR MUJAHIDEEN/MUJAHIDAT UNDER ARTICLE 305 OF BANGSAMORO AUTONOMY ACT NO.17,OTHERWISE KNOWN AS

THE BANGSAMORO CIVIL SERVICE CODE

WHEREAS, the Transitory Provisions of Article 305 of the Bangsamoro Autonomy Act (BAA) No.17 or the Bangsamoro Civil Service Code (BCSC) ordains that Mujahideen/Mujahidat may be hired as temporary appointees for first level positions (SG 9 and below) of the Bangsamoro Government regardless of the presence of applicants who are civil service eligible. Further not more than 30% of the total number of entry level plantilla positions (SG 9 and below) of the Bangsamoro Government shall be allocated to them;

WHEREAS,the same Article 305 of the BCSC limits the application of the abovementioned provision during the transition period;

WHEREAS, there is a need to issue an Implementing Guidelines in order to provide for the procedure and requirements set forth under Article 305 of

thereof the BCSC and to ensure the orderly, efficient and effective operationalization

WHEREAS, Article VII, Section 32 of Republic Act (RA) No.11054 or the "Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao" empowers the Chief Minister to issue executive orders and other policies of the Bangsamoro Government;

WHEREAS,under Section 1,Chapter 1,Title I,Book IV of BAA No.13 or the "Bangsamoro Administrative Code", the Chief Minister shall have control

boards, and instrumentalities in the Bangsamoro Government. The Chief and supervision over all ministries, agencies, offices, bureaus, commissions

Minister shall ensure that laws are faithfully executed;

NOW THEREFORE, I, AHOD B. EBRAHIM, Chief Minister of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM), do hereby issue the following Implementing Guidelines that shall carry out and operationalize the provisions of Article 305 of the BCSC:

Rule 1 GENERAL PROVISIONS

Section 1. Title. This Order shall be herein referred to and cited as the "Implementing Guidelines Governing the Special Provisions for Mujahideen/Mujahidat under Article 305 of the BCSC".

Section 2. Declaration of Policies. It is the policy of the Bangsamoro Government to:

a) Promote and ensure that appointments in the civil service are made with

equality according to merit and fitness and shall consider gender and ethnic balance.

b) Provide within the public service a progressive system of human resource administration.

c) Adopt measures to promote morale and the highest degree of responsibility,morality, integrity, loyalty, efficiency, and

professionalism in the civil service; and

d) Ensure that every Filipino citizen in its territorial jurisdiction the in the Bangsamoro Autonomous Region. provision of the basic necessities and equal opportunities in life. Social justice shall be promoted in all aspects of life and phases of development

e) Take cognizance of the aspirations of the Bangsamoro people and other inhabitants in the region to chart a responsive, effective, and efficient bureaucracy that will allow genuine and meaningful self-governance

and to establish an enduring peace on the basis of justice and balanced society, reflective of their system of life.

f) Ensure that no discrimination on employment opportunities on account of age, religion, culture, ethnicity, gender, disability, or political

affiliation.

Section 3. Purpose. This Implementing Guidelines is hereby promulgated to prescribe the manner and procedure for the implementation of Article 305 (Transitory Provisions) of BAA No.17 or the Bangsamoro Civil Service Code.It shall facilitate compliance therewith and achieve the objectives of the same.

Section 4. Definition of Terms. The following terms are defined as follows:

a. "Bangsamoro" refers to those who, at the advent of the Spanish

colonization, were considered natives or original inhabitants of Mindanao and the Sulu archipelago and its adjacent islands whether of mixed or full blood.

b."Eligiblerefers to a person who obtains a passing grade in a civil service

examination or is granted civil service eligibility under special laws or issuances of the Commission which can be used for purposes of appointment in the government.

c."Examination"refers to a civil service examination conducted by the Civil Service Commission.

d. "Certification" refers to the official document issued to an applicant by

the Central committee of MILF/MNLF attesting to his legitimacy as Mujahideen/Mujahidat.

e."Temporary appointment"is issued to a person who meets the education

experience and training requirements for the position to which he/she is being appointed to, except for the appropriate eligibility.

f. "Mujahideen/Mujahidat" refers to the legitimate members (men and

women), of the Moro Islamic Liberation Front (MILF) and the Moro National Liberation Front (MNLF) duly certified by the Chair of their respective Central Committees.

COVERAGE Rule 2

Section 1. Who are Covered. This Implementing Guidelines shall apply to the hiring of Mujahideen/Mujahidat for first level positions (SG 9 and below) within the Bangsamoro Government.

Section 2. Threshold. Only thirty (30%) percent of the total number of entry

be allocated to the Mujahideen/Mujahidat. level plantilla positions (SG 9 and below) of the Bangsamoro Government shall

Rule 3 APPOINTMENTS

Section 1. Waiver of Qualifications Standards. Only the eligibility requirement under the BCSC shall be waived.

Section 2. Appointments. The appointments of Mujahideen/Mujahidat shall partake the nature of a temporary appointment,and shall be valid for twelve (12) months, renewable for three (3) times.

However, if the appointee has possessed the required eligibility within that period, he/she shall be qualified for permanent appointment to said position, subject to performance appraisal and without prejudice to the discretion of the appointing authority

Rule 4 CERTIFICATION PROCESS

Section 1.Role and Function of the Central Committee of MILF and MNLF. The Central Committees of the MILF and the MNLF shall determine the Mujahideen/Mujahidat in the roster of their organic members who may avail of the Special Provision under Article 305 of the BCSC.

Section 2. Procedure for Validating & Certifying the Legitimate Mujahideen and Mujahidat. The concerned Central Committees of the MILF and MNLF shall each designate an authorized signatory to issue the necessary certification based on its internal rules and established policies and mechanisms.

In the certification process of Bangsamoro Islamic Armed Forces (BIAF)/Bangsamoro Armed Forces (BAF) member, however, it must be certified first by the respective Base Commander, to be confirmed by the Front Commander.

Section 3. Endorsement of Validated List. The Chairman of each Front shall officially endorse the validated list of Mujahideen/Mujahidat applicants to the Authentication and Validation Unit of the Ad Hoc Office on Bangsamoro Policing under the Office of the Chief Minister created through Executive Order No. 0003, s. 2022.

Section 4. The Roles and Authority of the AVU. Upon the request of the concerned ministry or agency, the AVU shall be responsible for verifying and authenticating the certification presented by the applicant Mujahideen/Mujahidat.

Section 5. Flowchart. The following flowchart shows the application and certification process.

from the Front where STEP 1: The applicant he or she is a member. secures Certification STEP 2:The applicant applies to the ministry or agency. OCM's AVU to confirm the Muiahideen/Muiahidat. STEP 3: The ministry or agency certification presented by the requests applicant the

screening process based STEP 5.The ministry or agency conducts its Plan(MSP). on its Merit Selection authenticity of the STEP 4.The OCM's AVU document presented. confirms the presented. OCM's AVU denies the authenticity ol STEP 4.The the document

AGENCY'S BANGSAMORO PROMOTION AND SELECTION BOARD Rule 5

Section 1. Role of the Agency's Bangsamoro Promotion and Selection Board. The Bangsamoro Promotion and Selection Board (BPSB) of each

submitted by the Mujahideen/Mujahidat applicants. ministry,office,or agency shall work closely with the AVU of the Office of the Chief Minister to evaluate and ensure the authenticity of the documents

Rule 6 RECRUITMENT AND RENEWAL PERIOD

Section1. Recruitment Period. The hiring should be within the transition period.

Section 2. Renewal Period. The renewal period may extend beyond the transition period.

FINAL PROVISIONS Rule 7

Section 1. Specialized Training and Development. The concerned ministry or agency shall request for specialized training programs/interventions from the Development Academy of the Bangsamoro (DAB) for the training and professional development of the hired Mujahideen/Mujahidat.

Section 2. Effect of Obtaining the Required Qualifications Standards. If the appointee has obtained the required eligibility within the period of his/her temporary appointment, the Mujahideen/Mujahidat shall be qualified for permanent appointment, subject to the discretion of the appointing authority.

Section 3. Separability Clause. If any part, section, or provision of this Implementing Guidelines shall be held invalid or unconstitutional, no other part, section, or provision hereof shall be affected thereby.

Section 4.Effectivity.This Executive Order shall take effect fifteen (15 days from its publication in a regional newspaper of general circulation and the Bangsamoro Gazette.

DONE in the City of Cotabato, this 2q April 2022

TIME DATE Samoro Autonomous Region in Mushm Mindanac OFFICE OF THE CHIEF MINISTER Bhai Eham M.Hadji Guialil RELEASED Records DivISion.AMS T 9 MAY 2022 4:OI pm L AHOD B.EBRAHIM Chief Minister OCM-BARMM RD-AMS AA12712

ro Autonomous Re MU

3:53 PM hana 1 9"MAY ZOZ2 DateMAY 19 2Time:35 Name:ABDULAZIS LU ALI OFFICE OF THE SENIOR MINISTER RELEASED Officc of tho Chiof Mini