Category: Legis

BARMM welcome its new parliament: Rekindling hope and rebuilding capacities

๐˜‰๐˜ˆ๐˜™๐˜”๐˜” ๐˜ข๐˜ด ๐˜ต๐˜ฉ๐˜ฆ ๐˜—๐˜ฆ๐˜ข๐˜ค๐˜ฆ๐˜ฃ๐˜ถ๐˜ช๐˜ญ๐˜ฅ๐˜ช๐˜ฏ๐˜จ ๐˜ข๐˜ฏ๐˜ฅ ๐˜•๐˜ข๐˜ต๐˜ช๐˜ฐ๐˜ฏ ๐˜‰๐˜ถ๐˜ช๐˜ญ๐˜ฅ๐˜ช๐˜ฏ๐˜จ ๐˜๐˜ฏ๐˜ง๐˜ณ๐˜ข๐˜ด๐˜ต๐˜ณ๐˜ถ๐˜ค๐˜ต๐˜ถ๐˜ณ๐˜ฆ ๐˜ช๐˜ฏ ๐˜š๐˜ฐ๐˜ถ๐˜ต๐˜ฉ๐˜ฆ๐˜ณ๐˜ฏ ๐˜”๐˜ช๐˜ฏ๐˜ฅ๐˜ข๐˜ฏ๐˜ข๐˜ฐ
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While global peacebuilding efforts seem to be under assault, the Philippinesโ€™ own local peacebuilding infrastructure that is the Bangsamoro Autonomous Region in Muslim Mindanao(BARMM) serves as a beacon of hope for a sustainable peace and order in Mindanao. The passage and ratification of the Bangsamoro Organic Law in 2019 is the result of a decades-long peacebuilding drive towards nation and state building by the government as it recognizes the unique histories, origins, laws, cultures and societies of the Bangsamoro people. The same BOL brought forth the creation of the Bangsamoro Transition Authority (BTA).
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The BTA have been faced with huge challenges since its conception. The timelines set forth by the Bangsamoro Organic Law were admittedly short and even optimistic considering the complexity and magnitude of the BTAโ€™s mandate. Nearly a year into the transition period, the COVID-192 pandemic hit the entire country. By mid-2020, the BTA had to prioritize its pandemic response. Despite these, we cannot also deny the significant milestones that have been achieved by the BTA in its first three years.
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๐˜‰๐˜›๐˜ˆ ๐˜ช๐˜ฏ ๐˜‰๐˜ถ๐˜ช๐˜ญ๐˜ฅ๐˜ช๐˜ฏ๐˜จ ๐˜Š๐˜ข๐˜ฑ๐˜ข๐˜ค๐˜ช๐˜ต๐˜ช๐˜ฆ๐˜ด ๐˜ง๐˜ฐ๐˜ณ ๐˜“๐˜ฐ๐˜ค๐˜ข๐˜ญ ๐˜ˆ๐˜ถ๐˜ต๐˜ฐ๐˜ฏ๐˜ฐ๐˜ฎ๐˜บ
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Out of the six (6) priority legislations embedded in its mandate, the BTA has already successfully passed and enacted three major legislations of which are- the Administrative Code, the Civil Service Code, and the Education Code. With the passage of these Codes, the BTA has significantly jumpstarted the process of building up its capacities to establish credible, transparent, participatory, and efficient public institutions. These are all keys to attaining peace, stability and sustainable development in fragile post-conflict setting of BARMM.
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Achieving developmental goals like poverty reduction, improved health and quality education is innately linked to institutional capacity, good governance, and sound fiscal management. Thus, the importance of the abovementioned enacted Codes, as well as the remaining priorities legislation, cannot be understated because of their enormous significance to institutional capacity of the BARMM. A stronger BARMM bureaucracy will largely depend on the foundation laid by the BTA. This will enable the Bangsamoro government to deliver on its social and political promises along with the needed public goods and services such as security, health care, education, and infrastructure.
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As such, strong bureaucracy entails a solid governance infrastructure, competent human resource, enhanced fiscal capacity and good financial management. These three elements are contained in the very fabric of the BOL and the BTAโ€™s mandate. Thus, the justifiable extension of the BARMMโ€™s transition period has allowed the BTA flexibility and sufficient time to accomplish its governance objectives.
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One of these governance objectives is the development and management of its human resources. This requires the BTA to attract and to retain much-needed staff with appropriate skills and values. The lack of staff capacity in any organization or agency typically results to weak planning and budgeting structures and ineffectual program implementation. It should be noted that a very crucial component for a strong bureaucracy is the quality, capacity and competence of its human resources. With the term extension, the BTA will have adequate time to more than fulfill its human resource requirement and to provide quality service that embody its guiding principle of moral governance.
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Other areas of institution building that BTA hopes to address are the fiscal capacity building and its financial management. It has already identified revenue generation and economic comparative advantage under its 12-point priority agenda for 2023-2025. It should be noted that there is a two-way relationship between the revenue and expenditure sides of fiscal capacity: governments need revenue in order to provide services, but they must provide services in order for people to be willing to pay taxes. With the Revenue Code underway, the BTA has already taken steps to materialize the BARMMโ€™s fiscal capacity.
This fiscal capacity enshrines and legitimizes BARMM as an autonomous government because it ensures sustainable funding to support and maintain its operations and delivery of services and goods to its constituents. Enhanced fiscal capacity is equivalent to greater local fiscal autonomy. Improved fiscal autonomy of BARMM will signify more power to create its own sources of revenue in addition to its equitable share in the national taxes. More importantly, the BARMM will have more authority and control on how to allocate its resources in accordance with its own priorities. To attain true local autonomy, the BARMM has to achieve genuine local fiscal autonomy.
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๐˜•๐˜ฆ๐˜ธ ๐˜‰๐˜›๐˜ˆ ๐˜ต๐˜ฐ ๐˜ค๐˜ฐ๐˜ฏ๐˜ต๐˜ช๐˜ฏ๐˜ถ๐˜ฆ ๐˜ต๐˜ฉ๐˜ฆ ๐˜จ๐˜ข๐˜ช๐˜ฏ๐˜ด ๐˜ฐ๐˜ง ๐˜ฑ๐˜ฆ๐˜ข๐˜ค๐˜ฆ ๐˜ฑ๐˜ณ๐˜ฐ๐˜ค๐˜ฆ๐˜ด๐˜ด
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Local autonomy of BARMM carries the promise of sustainable peace and development for the region. However, said promise can be much better fulfilled through strategic, data-based planning, and proactive legislation. With more than adequate socio-economic and ecological data available from various local and international sources and its unique governance structure, the BTA has been presented with the huge opportunity to connect data-based planning with data-driven public decision-making of the Bangsamoro authorities. The fused executive and legislative powers and functions make BTA inherently empowered to make public policies and programs quicker and more responsive to address socio-structural roots of conflict and the day to day realities of its communities.
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Despite huge challenges, the extension term given to the BTA and the introduction of new members has provided for the continuity and enhancement of said capacities and opportunities for BARMM. The recent appointment of new personalities from various background and fields means injection of new blood and energy as well as introduction of new perspectives and additional expertise in the BTA Parliament. These new members combined with seasoned legislators of the previous Parliament must be received with optimism and renewed hope for successful enactments of more laws such as the Local Government Code, Revenue Code, Electoral Code and the Indigenous Peoples Code, prescribed by the BOL and more.
The status quo in the BARMM paves the way to strengthen our peacekeeping interventions, putting a great emphasis on what is already effective and efficient. The newly elected President Ferdinand Marcos, Jr has acknowledged the vital work the BTA has done during its first three years. He has already pledged his full support to the newly rejuvenated BTA in its accomplishment of its core mandates, functions and goals to realize the national aspiration of lasting peace and development of BARMM.
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*This article is an original piece written by the Office of MP Mitmug – Communications Division. Photos courtesy by OPAPPRU.

Forum and launch of the Organic Law for the Bangsamoro Autonomous Region: Framework and Annotations and the Signing of the Agreement of Cooperation

Forum and launch of The Organic Law for the Bangsamoro Autonomous Region: Framework and Annotations and the Signing of the Agreement of Cooperation between the Institute for Autonomy & Governance and the Mindanao State University System at the Luxe Hotel, Cagayan de Oro City.

This is the 3rd launching of the book. Authors Atty. Ishak Mastura, Atty. Johaira Wahab, and MP Ras Mitmug gave short messages. Mastura & Mitmug also fielded questions from the audience.

The Agreement of Cooperation is a general agreement between IAG and MSU Systemย  to cooperate on three themes: (1) Rule of Law, (2) Governance, (3) and Justice Systems. IAG Exec Director Benny Bacani and MSUS President Atty. Basari Mapupuno assured they would provide assistance in the crucial stages of the Bangsamoro Goverment.

During his message, Atty. Mitmug noted that the failure with the ARMM was that the people did not understand what it was, nor the laws or policies it enacted. He hoped the book would contribute to the greater understanding of the BOL, and explained that the annotations in the book do not present a singular view. Rather, the text provided several stances in its annotations.

Mitmug conducts FGD on proposed local governance code with legal experts

MARAWI CITY โ€“ The District Office of Deputy Minority Floor Leader Atty. Rasol Y. Mitmug, Jr. conducted a focus group discussion (fgd) on the draft Bangsamoro Local Governance Code (Bill No. 58) at VIP Room, Sarabi Cuisine & Cafeฬ, MSU Marawi City last June 23, 2022 with legalย experts.

The FGD centered on the legal issues on the provisions of the proposed bill as they discussed the possibilities of resolving and/or raising some conceivable constitutional, statutory, jurisprudence and ordinance challenges in the bill.

MP Mitmug, in his welcome address, said the LGUs have a huge role in the crafting of the LGC considering the responsibilities that would affect the local government.โ€ The legal experts reviewed the bill based on existing laws in the Philippines and exchanged thoughts during the session.

โ€œIn the proposed bill, it imposed professional tax of P 1, 300.00 and under the law, the professional tax is just P 300.00. Once you pay a professional tax in any city or provinces, it is applicable, or you can exercise it anywhere in the Philippines. Is it not a disadvantage on the part of the Bangsamoro? Instead of paying 300.00, they would pay professional tax of P 1, 300.00?โ€ said by Atty. Norsary S. Mamad. He also wished that the experts behind the proposed BTA bill were present, so that they can possibly rebut the issues being raised and cite their stance thereupon.

The legal representatives in said FGD include Atty. Norsary S. Mamad (Special Assistant for Legal Matters-MSU System and Overall Assistant Dean at MSU College of Law), Atty. Farhanisah D. Comacasar, Sh.L., REB, CSE, LPT (Professor- MSU College of Law and MSU College of Business Administration and Accountancy), Atty. Hapsha Khabab-Sansarona (Ministry of Agriculture, Fisheries and Agrarian Reform, Lanao del Sur), Atty. Johari U. Diacat, CE (Private practitioner), Atty. Khalid D. Moner (Attorney III, MSU Legal Services Division), Nassif Nagamora, JD (Assistant Executive Director, MSU Legal Aid and Human Rights Center), Mohammad Mojib Datumanong Marangit, Sh. L. (Professor, Al-Khwarizmi International School, Marawi City).

 

MP Mitmug distributes financial assistance to solo parents and senior citizens

LANAO DEL SUR – The Office of Deputy Minority Floor Leader MP Rasol Y. Mitmug, Jr., distributed financial assistance to beneficiaries in Brgy. Sagonsongan, Marawi City and Brgy. Mapantao, Lumba Bayabao, on March 25 and 30, 2022, respectively.ย 

Sixty-three beneficiaries (solo parents) in Brgy. Sagonsongan, Marawi City each received โ‚ฑ2,000, while 50 beneficiaries (solo parents and senior citizens) in Brgy. Mapantao, Lumba Bayabao each received โ‚ฑ2,500.

MP Mitmug extends his thanks to the local officials of said barangays for their assistance in the identification of the beneficiaries and the orderly distribution.

The financial assistance is part of the Bangsamoro Transition Authorityโ€™s Bangsamoro Parliament Program (BPP), which was approved during last yearโ€™s budget deliberations. BPP consists of (1) Community Upliftment and Financial Assistance, (2) Community-Driven Legislation, and (3) Special Activities Advocating and Championing Bangsamoro Culture & Communities. The Office of MP Mitmug implements these programs through regular coordination with local government units, monthly conduct of public consultations and focus group discussions, and collaboration with partner organizations.

MP Mitmug holds stakeholders dialogue meeting on housing

COTABATO CITY โ€“ The Office of Deputy Minority Floor Leader MP Rasol Mitmug, Jr., held a Stakeholders Dialogue on Housing at Pagana Kutawato Restaurant today, April 6, 2022.

Various homeownersโ€™ associations (HOAs) and urban poor representatives were present to air their concerns and queries to the Ministry of Human Settlements and Development (MHSD). MP Mitmug introduced MHSD Minister Hamid Barra and facilitated the open dialogue.

The urban poor population in Cotabato City consists of both Muslims and Christians and only a portion have received housing through national-funded programs. Atty. Anwar Malang, convenor for the Philippine Center for Islam and Democracy and long-time advocate for the urban poor community, summarized their immediate concerns:

(1)ย  Request for socialized housing (either through housing infrastructure or purchase of private lots)

(2)ย  Livelihood (if they would be relocated to other areas)

(3)ย  Loss of their homes due to road-widening projects

(4)ย  Lack of access to clean water

(5)ย  Lack of road access (those living in swampy/ rural areas)

Aside from giving updates on the Ministryโ€™s ongoing programs, Minister Barra relayed that the programs would be inclusive to all Bangsamoro residents. He encouraged the organizations to submit their respective concerns and proposals as these could also be pursued with international development partners, aside from the programs of the BARMM government.

Director-General Esmael Ebrahim also assured them that the Ministry would be pursuing a larger budget for the next fiscal year (2023). Ebrahim explained that as much as the Ministry would like to fast-track the implementation of said projects, they still had to comply with government procedures such as the inspection of the land and securing permits and clearances from the local government units, which would require time.

At the closing, MP Mitmug expressed his thanks to the Ministry for taking the time to respond to the concerns of the HOAs and to the organizations present for the productive discussion. Mitmug informed them his office would extend assistance in endorsing their proposals to the Ministry and to the Parliament, if need be. Some of the organizations that were present included: Pagbabago HOA, Samaka HOA, Inc., Divine Mercy Organization, St. Joseph HOA, and Tanghal Bridge HOA. Also in attendance from MHSD were Director-General Esmael Ebrahim and Chief of Staff Ajeeb Barra.