ARTICLE VII

BANGSAMORO GOVERNMENT

Section 1. Seat of Government. – The Parliament shall fix by law the permanent seat of the Bangsamoro Government anywhere within the territorial jurisdiction of the Bangsamoro Autonomous Region taking into consideration accessibility and efficiency in which its mandate may be carried out under this Organic Law.

Section 2. Powers of Government. The powers of government shall be vested in the Parliament which shall exercise those powers and functions expressly granted to it in this Organic Law, and those necessary for, or incidental to, the proper governance and development of the Bangsamoro Autonomous Region. It shall set policies, legislate on matters within its authority, and elect a Chief Minister who shall exercise executive authority on its behalf.

Section 3. Legislative Authority. – The Parliament shall have the authority to enact laws on matters that are within the powers and competencies of the Bangsamoro Government.

Section 4. Executive Authority. – The executive function and authority shall be exercised by the Cabinet which shall be headed by a Chief Minister. The Chief Minister shall be elected by majority vote of all the members of the Parliament.

The Chief Minister shall nominate two (2) Deputy Chief Ministers who shall be elected by the Parliament, as provided for in Section 35 of this Article, and appoint the members of the Cabinet, majority of whom shall come from the Parliament.

Bangsamoro Parliament

Section 5. Powers. – The Parliament shall have the following powers:

(a) Enact laws to promote , protect, and ensure the general welfare of the Bangsamoro people and other inhabitants in the Bangsamoro Autonomous Region

(b) Call for a referendum on important issues affecting the Bangsamoro Autonomous Region;

(c) Enact a law on initiatives;

(d) Conduct inquiries in aid of legislation in accordance with its rules. The rights of persons appearing in or affected by such inquiry shall be respected;

(e) Enact a law that allows the Chief Minister, Speaker of the Parliament, and the Presiding Justice of the Shari’ah High Court to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations;

(f) Enact a law within the competencies of the Bangsamoro Government to regulate the grant of regional franchises and concessions, and empower the Chief Minister to grant leases, permits, and licenses over agricultural lands and for forest management;

(g) Discipline its members as provided in Section 26, Article VII of this Organic Law;

(h) Enact laws declaring Bangsamoro holidays; and

(i) Be consulted on matters affecting the environment.

Section 6. Composition. – The Parliament shall be composed of eighty (80) members, unless otherwise increased by the Congress of the Philippines.

Section 7. Classification and Allocation of Seats. – The seats in the Parliament shall be classified and allocated as follows:

(a) Party Representatives. One-half of the members of the Parliament shall be representatives of political parties who are elected through a systems of proportional representation based on the Bangsamoro territorial jurisdiction.

Any organized group in the Bangsamoro Autonomous Region may register as a political party with the Bangsamoro Electoral Office, with qualifications to be prescribed by the Bangsamoro Electoral Code.

Each registered political party shall submit to the Bangsamoro Electoral Office before the election a manifestation of intent to participate in the parliamentary election of party representatives in the Bangsamoro Autonomous Region, incorporating therein a list of nominees, ranked from one (1) to forty (40), from which party representatives shall be chosen in case they obtain the required number of votes. No person shall be nominated in more than one (1) list.

The number of seats allocated for each political party shall be based proportionately on the percentages of votes obtained by each political party as against the total votes cast in the Bangsamoro Autonomous Region for the election of party representatives.

Any elected party representative who changes political party affiliation during the representative’s term of office shall forfeit the seat in the Parliament: Provided, That if the elected party representative changes political party affiliation within six (6) months before an election, the same person shall not be eligible for nomination as party representative under the new party or organization.

(b) Parliamentary District Seats. – Not more than forty percent (40%) of the members of the Parliament shall be elected from single member parliamentary districts apportioned for the areas and in the manner provided for by the Parliament. For the first parliamentary election following the ratification of this Organic Law, the allocation of the parliamentary district seats shall be determined by the Bangsamoro Transition Authority as provided for in Section 4. Article XVI of this Organic Law. In the allocation of district seats, the Bangsamoro Transition Authority shall adhere to the standards set in Section 10, Article VII of this Organic Law.

The Parliament may undertake by law new redistricting in order to ensure a more equitable representation of the constituencies in the Parliament.

The district representatives shall be elected through direct plurality vote by the registered voters in the parliamentary districts.

(c) Reserved Seats and Sectoral Representatives. – Reserved seats and sectoral representatives shall constitute at least ten percent (10%) of the members of the Parliament, which shall include two (2) reserved seats each for non-Moro indigenous peoples and settler communities. Women, youth, traditional leaders, and the Ulama shall have one sectoral seat each: Provided, That the reserved seats and sectoral representatives shall in no case be less than eight (8) seats.

The Parliament shall determine the manner of election of the reserved seats and sectoral representatives.

For the first parliamentary election following the ratification of this Organic Law, the allocation of reserved and sectoral representative seats shall be determined by the Bangsamoro Transition Authority as provided for in Section 4, Article XVI of this Organic Law.

Section 8. Election for Reserved Seats for Non-Moro Indigenous Peoples. Notwithstanding the immediately preceding sections, reserved seats for non-Moro indigenous peoples, such as Teduray, Lambangian, Dulangan Manobo, B’laan, and Higaonon, shall adhere to their customary laws and indigenous processes based on the following:

(a) Primacy of customary laws and practices;

(b) Primacy of consensus building;

(c) Acceptability to the community;

(d) Inclusivity and full participation;

(e) Representation of the collective interests and aspirations of non-Moro indigenous peoples;

(f) Sustainability and strengthening of indigenous political structures;

(g) Track record and capability; and

(h) Gender equality.

Section 9. Regional Parties. – A free and open regional party system shall be allowed to evolve according to the free choice of the people. Towards this end, only regional political parties duly accredited by the Bangsamoro Electoral Office, as approved by the Commission on Elections shall participate in the parliamentary elections in the Bangsamoro Autonomous Region. The Bangsamoro Government shall ensure the inclusion of women’s agenda and the involvement of women and the youth in the electoral nominating process of the political parties.

Section 10. Redistricting for Parliamentary Membership. – The Parliament shall have the power to reconstitute by law the parliamentary districts apportioned among the provinces, cities, municipalities, and geographical areas of the Bangsamoro Autonomous Region to ensure equitable representation in Parliament. The redistricting, merging, or creation of parliamentary districts shall be based on the number of inhabitants and additional provinces, cities, municipalities, and geographical areas, which shall become part of the Bangsamoro territorial jurisdiction.

For the purpose of redistricting, parliamentary districts shall be apportioned based on the population and geographical area: Provided, That each district shall comprise, as far as practicable, contiguous, compact, and adjacent territorial jurisdiction: Provided, further, That each district shall have a population of at least one hundred thousand (100,000).

Section 11. Term of Office. – The term of office of members of the Parliament shall be three (3) years: Provided, That no member shall serve for more than three consecutive terms. Voluntary renunciation of office for any length of time or dissolution of the Parliament by the Wali shall not be considered as an interruption in the continuity of the service for the full term for which the members was elected.

Section 12. Qualifications. – No person shall be a member of the Parliament unless the person is a citizen of the Philippines, at least twenty-five (25) years of age on the day of the election, able to read and write, and a registered voter in the Bangsamoro Autonomous Region.

A candidate for youth representative shall be less than eighteen (18) years and are not more than thirty (30) years of age at the time of election.

A candidate for district representative must be a registered voter of the district in which the person is a candidate, and has resided in the district for at least one (1) year immediately preceding the day of the election.

Section 13. Salaries of Members of the Parliament. – The Parliament shall determine the salaries and emoluments of its members: Provided, That the salaries and emoluments of the members of the Parliament shall not be higher than those of Provincial Governor: Provided, further, That the salaries and emoluments of the Deputy Chief Ministers and the Speaker of the Parliament shall be one salary grade higher than those of the members: Provide, furthermore, That the salaries and emoluments of the Chief Minister shall not be higher than those of the Members of the Congress of the Philippines.

The Parliament shall adopt the Revised Compensation and Position Classification System of the National Government as provided for in Republic Act No. 6758, as amended, and relevant executive issuances: Provided, finally, That no increase in the compensation shall take effect until after the expiration of the full term of all the members of the Parliament approving such increase.

For the first Parliament, the salaries and emoluments of its members shall be determined by a law to be passed by the Bangsamoro Transition Authority.

Members of the Parliament shall not receive during their tenure other salary and emoluments from the Bangsamoro Government or from the National Government.

Section 14. Disclosure. – Members of the Parliament shall, upon their assumption of office, make a full disclosure of their financial and business interests, including those of their spouses and children. They shall notify the Parliament of any potential conflict of interest that may arise from the filing of bills or resolutions of which they are authors.

Section 15. Prohibition Against Conflict of Interest. – The Chief Minister, Deputy Chief Minister, members of the Cabinet, the members of the Parliament, during their term, shall not engage, directly or indirectly, in any business or commercial enterprise in the Bangsamoro Autonomous Region where there may be a conflict of interest in the exercise of their functions.

Section 16. Prohibited Business and Pecuniary Interest. –

(a) It shall be unlawful for the Chief Minister, Deputy Chief Ministers, members of the Cabinet, and members of the Parliament to directly or indirectly:

(1) Engage in any business transaction with the Bangsamoro Government or with any of its authorized boards, officials agents or attorneys, whereby money is to be paid, or property or any other thing of value is to be transferred directly or indirectly, out of the resources of the Bangsamoro Government to such person or firm;

(2) Hold such interests in any cockpit or other games licensed by the Bangsamoro Government;

(3) Purchase any real estate or other property forfeited in favor of the Bangsamoro Government for unpaid taxes or assessment, or by virtue of a legal process at the instance of the Bangsamoro Government;

(4) Be a surety for any person contracting or doing business with Bangsamoro Government for which a surety is required; and

(5) Possess or use any public property of the Bangsamoro Government for private purposes.

(b) All other prohibitions governing the conduct of national public officers relating to prohibited business and pecuniary interest as provided for under Republic Act No. 6713, otherwise known as the” Code of Conduct and Ethical Standards for Public Officials and Employees,” and other national laws shall also be applicable to the Chief Minister, Deputy Chief Ministers, members of the Cabinet, and members of the Parliament.

Section 17. Practice of Profession. –

(a) The Chief Minister, Deputy Chief Ministers and members of the Cabinet are prohibited from practicing their profession or engaging in any occupation other than the exercise of their functions as officials of the Bangsamoro Government.

(b) Members of the Parliament who are not holding Cabinet positions may practice their professions, engage in any occupation, or teach in schools except during session hours: Provided, That members of the Parliament who are also members of the Philippine Bar shall not:

(1) Appear as counsel before any court in any civil case wherein the Bangsamoro Government or any office, agency, or instrumentality of the government is the adverse party;

(2) Appear as counsel in any criminal case wherein an officer or employee of the National Government or the Bangsamoro Government or any office, agency, or instrumentality of the government is the adverse party;

(3) Collect any fee for appearance in administrative proceedings involving the Bangsamoro Government; and

(4) Use property and personnel of the government except when the member concerned is defending the interest of the government.

(c) Doctors of medicine may practice their profession even during official hours of work only on occasions of emergency: Provided, That the members concerned do not derive monetary compensation therefrom.

Section 18. Statement of Assets, Liabilities, and Net Worth. – Officials and employees of the Bangsamoro Government shall file sworn statements of assets, liabilities, and net worth, lists of relatives within the fourth civil degree of consanguinity or affinity in government service, financial and business interest, and personal data sheets as required by national law.

Section 19. Forfeiture of Seat. – The seat of a member of the Parliament shall be forfeited under any of the following circumstances:

(a) Voluntary resignation in the form of either a written or oral declaration in the Parliament;

(b) Conviction of grave offense by a regular court or a finding of guilt of a grave offense as defined by the rules of the Parliament for treason, high crimes, heinous crimes, crimes against morality, or other crimes punishable by more than six (6) years of imprisonment;

(c) Permanent physical or mental incapacity that makes the member unable to discharge the duties of a member, or death;

(d) Substitution by the party to which the member belongs with another member of the same party, the member having been elected under the proportional representation system;

(e) Expulsion by the Parliament for disorderly behavior, with the concurrence of two-thirds of all its members; and

(f) Such other grounds as may be provided in the Bangsamoro Electoral Code.

Section 20. Filling of Vacancy. – In case of a vacancy of proportional representation seat, the party to which that seat belongs shall fill the vacancy.

In case of vacancy of a district seat by an affiliated member of the Parliament, the party to which the member belongs shall, within thirty (30) days from the occurrence of such vacancy, nominate a new member who shall be appointed by the Chief Minister subject to the Bangsamoro Electoral Code.

In case of a vacancy in the seat occupied by an unaffiliated member of the Parliament occurring at least one (1) year before the expiration of the term of office, a special election may be called to fill such vacancy in the manner prescribed by a law enacted by the Parliament.

The appointed or elected member of the Parliament, as the case may be, shall serve the unexpired term of the vacant office.

Section 21. Privileges and Immunities. – Any member of the Parliament who commits an offense within the Bangsamoro territorial jurisdiction that is punishable by not more than six (6) years of imprisonment, shall be privileged from arrest while the Parliament is in session.

No member of the Parliament shall be questioned or held liable in any other place for any speech or debate in the Parliament or in its committees.

Section 22. Sessions of the Parliament. – The Parliament shall conduct its regular session forty-five (45) days after the election of the Parliament up to thirty (30) days before the opening of its next regular session, unless earlier dissolved by a vote of no confidence. A special or emergency session may be called by the Speaker, upon the request of the Chief Minister or by a majority of all the members of the Parliament.

Section 23. Officers of the Parliament. – On the first day of session of the Parliament following their election, the members shall elect by a majority vote of all its members the Speaker, a Deputy Speaker, and the other officers of the Parliament, as the rules of the Parliament may provide.

In case of death, removal, resignation, or permanent disability or legal incapacity of the Speaker, the Deputy Speaker shall act as Speaker until a new Speaker shall have been elected by the Parliament.

Section 24. Presiding Officer. – The Speaker, Deputy Speaker, or any other person presiding over the Parliament shall:

(a) Secure the honor and dignity of the Parliament;

(b) Ensure the rights and privileges of all members; and

(c) Assure public access to the proceedings of the Parliament and its committees.

Section 25. Rules of the Parliament. – The Parliament shall adopt its own rules for the conduct of its business.

(a) Every bill passed by the Parliament shall embrace only one subject which shall be expressed in the title thereof.1âwphi1

(b) No bill shall become a law in the Bangsamoro Autonomous Region unless it has passed three (3) readings on separate days and printed copies thereof in its final form have been distributed to members of the Parliament three (3) days before its passage, except when the Chief Minister certifies to the necessity of its immediate enactment to meet a public calamity or emergency.

(c) Every bill passed by the Parliament shall, before it becomes a law, be presented to the Chief Minister. The Chief Minister shall sign the bill within thirty (30) days after the date of its receipt, otherwise, it shall become a law as if the Chief Minister had signed it.

(d) The Speaker of the Parliament shall, within ten (10) working days from their approval thereof, submit to the President and to the Congress of the Philippines a certified true copy of all laws and resolutions approved by the Parliament.

(e) The rules of the Parliament or any amendment thereto shall be effective fifteen (15) days following its complete publication in a regional newspaper of general circulation.

Section 26. Proceedings. – A majority of all the members of the Parliament shall continue a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent members in such manner, and under such penalties as the Parliament may provide.

The Parliament may punish its member for disorderly behavior, and with the concurrence of two-thirds of all its members, suspend or expel a member. A penalty of suspension, when imposed, shall not exceed sixty (60) days.

The Parliament shall keep a Journal of its proceedings, and from time to time publish the same, expecting such parts as may, in its judgement affect national and/or regional security and the yeas and nays on any question shall, at the request of one-fifth of the members present be entered into the Journal. The Parliament shall also keep a record of its proceedings.

Section 27. Appropriations. – No public money, including the block grant and other national government subsidies and support funds given in lump sum, shall be spent without an appropriations law clearly defining the purpose for which it is intended. The Parliament shall pass an annual appropriations law.

Section 28. Budget. – The form, content, and manner of preparation of the Bangsamoro budget shall be prescribed by law enacted by the Parliament, consistent existing laws, rules and regulations of the National Government. For this purpose, the Parliament shall create a Bangsamoro Budget Office.

Section 29. Reenacted Budget. – If, by the end of a fiscal year, the Parliament shall have failed to pass the Bangsamoro appropriations bill for the ensuing fiscal year, the Bangsamoro appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until a new Bangsamoro appropriations bill is passed by the Parliament.

Only the annual appropriations for salaries and wages of existing positions, statutory and contractual obligations, and operating expenses authorized in the annual budget of the preceding year shall be deemed reenacted and the disbursement of funds shall be in accordance therewith.

Executive Officers

Section 30. Qualifications of the Chief Minister. – No person shall be elected as Chief Minister unless a member of the Parliament, a natural-born citizen of the Philippines, and at least twenty-five (25) years of age on the day of the election.

Section 31. Election of the Chief Minister. On the first day of session following the election of the members of the Parliament, the Parliament shall elect the Chief Minister by a majority vote of all its members.

If no member of the Parliament obtains the majority vote necessary to be elected Chief Minister in the first round of voting, a runoff election shall be conducted: Provided, That the members of the Parliament shall elect the Chief Minister from the two (2) candidates who obtained the highest number of votes cast in the first round.

Section 32. Powers, Duties, and Functions of the Chief Minister. – The Chief Minister shall exercise the following powers, duties, and functions:

(a) Head of the Bangsamoro Government;

(b) Appoint heads of ministries, agencies, bureaus, and offices of the Bangsamoro Government or other officers of Bangsamoro-owned or controlled corporations or entities with original charters;

(c) Appoint other officers in the Bangsamoro Government, as may be provided by the Parliament;

(d) Formulate a platform of government subject to the approval of the Parliament;

(e) Issue executive orders and other policies of the Bangsamoro Government;

(f) Represent the Bangsamoro Government in the affairs of the Bangsamoro Autonomous Region;

(g) Proclaim a state of calamity whenever typhoons, flash floods, earthquakes, tsunamis, or other natural or man-made calamities that cause widespread damage or destruction to life or property in the Bangsamoro Autonomous Region; and

(h) Exercise such other powers and functions inherent to the office.

Section 33. Administrative of the Oath of Office. – The Wali shall administer the oath of office of the Chief Minister and all the members of the Parliament upon their election.

Section 34. Membership in Order Offices. – The Chief Minister shall be a member of the Mindanao Developments Authority. The Chief Minister shall be a member of the Mindanao Development Authority. The Chief Minister shall be an ex officio member of the National Security Council and the National Economic and Development Authority Board on matters concerning the Bangsamoro Autonomous Region.

Section 35. Deputy Chief Ministers. – There shall be two (2) Deputy Chief Ministers who shall be nominated by the Chief Minister and elected by members of the Parliament.

The Bangsamoro Autonomous Region shall have three (3) subregions, namely: south western Mindanao, north central Mindanao, and south central Mindanao, all within the Bangsamoro territorial jurisdiction. To ensure representation of all subregions, the two (2) Deputy Chief Ministers shall come from the other two (2) subregions different from that of the Chief Minister.

For purposes of this provision, the coverage of each subregion shall be determined by the Parliament.

The Deputy Chief Ministers may each hold a cabinet position.

In case of death, permanent physical or mental incapacity removal from office , or resignation of the Chief Minister, the Deputy Chief Minister, more senior in age, shall act as the Chief Minister until the Parliament shall have elected a new Chief Minister. The election shall be held within thirty (30) days from the occurrence of the vacancy.

Section 36. Dissolution of Parliament Upon a Vote of No Confidence. – Within seventy-two (72) hours upon a vote of no confidence of at least two-thirds of all the members of the Parliament against the government of the day, the Chief Minister shall advise the Wali to dissolve the Parliament and call for a new parliamentary election. The election for a new Parliament shall be held not later than one hundred twenty (120) days from the date of dissolution.

The incumbent Chief Minister and the Cabinet shall continue to conduct the affairs of the Bangsamoro Government until a new Parliament is convened and a new Chief Minister is elected and qualified.

In no case shall the Wali countermand the advice of the Chief Minister.

Section 37. Prohibitions During Holdover. After a vote of no confidence against the government of the day shall have been obtained, and before a new government formed, the Chief Minister and the Cabinet shall continue to perform their duties and functions: Provided, That they shall not contract loans, approve new contracts, or disburse public funds except those for payment of salaries and wages and expenses for the regular operations of the government.

The Chief Minister and the Cabinet, during the holdover period, shall not make appointments, except temporary appointments to positions when continued vacancies therein will prejudice public service or endanger public service or endanger public safety.

Administrative Organization

Section 38. Organization of the Bureaucracy. – The Bangsamoro Government shall have the power to create offices and organize its own bureaucracy. It may establish other offices and institutions necessary for the exercise of is functions and delivery of social services in the Bangsamoro Autonomous Region.

Section 39. Civil Service. The Civil Service Commission shall establish a regional Civil Service field office and other field offices as may be needed in the Bangsamoro Autonomous Region for the efficient performance of its powers and duties.

The Bangsamoro Government shall enact a civil service law: Provided, That it shall be in accordance with existing national laws. In case of conflict with the national laws, the Constitution and existing national civil service laws, rules, and regulations shall prevail.

This law shall govern the conduct of civil servants, the qualifications for nonelective positions, adopt the merit and fitness system, and protect civil service eligibles in various government positions, including government-owned or controlled corporations with original charters in the Bangsamoro Autonomous Region. The Bangsamoro Government shall have disciplinary authority over its own officials and employees.

Section 40. Bangsamoro Electoral Office. – The Commission on Elections shall establish a Bangsamoro Electoral Office under its supervision and control which shall implement and enforce its orders, rulings and decisions. The budget of the Bangsamoro Electoral Office shall be part of the yearly budget of Commission on Elections.

Section 41. Accountability of Public Officers. – Public office is a public trust. Public officers and employees shall at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.

Section 42. Other Offices. – The Parliament may create other offices such as for the youth, women, settler communities, disaster risk reduction and management, and planning and development, including a Bangsamoro Pilgrimage Authority which shall exercise jurisdiction over Hajj and Umrah matters affecting pilgrims from within the Bangsamoro Autonomous Region.