{"id":5629,"date":"2023-03-20T15:11:44","date_gmt":"2023-03-20T07:11:44","guid":{"rendered":"https:\/\/rasmitmug.com\/main\/?page_id=5629"},"modified":"2023-03-30T13:48:23","modified_gmt":"2023-03-30T05:48:23","slug":"bangsamoro-administrative-code","status":"publish","type":"page","link":"https:\/\/rasmitmug.com\/main\/bangsamoro-administrative-code\/","title":{"rendered":"Bangsamoro Administrative Code"},"content":{"rendered":"
BANGSAMORO TRANSITION AUTHORITY<\/strong><\/p>\n (SECOND REGULAR SESSION)<\/strong><\/p>\n \u00a0<\/strong>BANGSAMORO<\/strong> AUTONOMY ACT NO. 1<\/strong>3<\/strong><\/p>\n \u00a0<\/strong>Begun and held in Cotabato City, on Friday, the 29th day of March, 2019.<\/p>\n AN ACT Be it enacted by the Bangsamoro Transition Authority in Parliament assembled:<\/p>\n INTRODUCTORY PROVISIONS<\/strong><\/p>\n \u201cBangsamoro <\/strong>Administrative Code\u201d<\/strong><\/p>\n Sec. 1. Title.<\/em> – <\/strong>This Act shall be known and cited as the \u201cBangsamoro <\/strong>Administrative Code.\u201d<\/strong><\/p>\n \u00a0<\/strong>Sec. 2. Purpose<\/em><\/strong>.<\/em><\/strong> –<\/strong> This Code is promulgated to prescribe the structural, functional and procedural principles and rules of governance of the Bangsamoro Autonomous Region in Muslim Mindanao.<\/p>\n Sec. 3. Declaration of Principles and Policies.<\/em> – <\/strong>The Bangsamoro Government hereby declares the following principles and policies as the basic foundation of the Code:<\/p>\n Sec. 4.\u00a0 Definition of Terms.<\/em> – <\/strong>The words in this Code are defined as follows:<\/p>\n \u201cAsymmetrical <\/em><\/strong>R<\/em><\/strong>elationship\u201d <\/em><\/strong>refers to a relationship with the national government that is unlike those of other regions, having powers which other administrative regions do not exercise, and a structure that is likewise different from the said regions. In the case of the Bangsamoro Autonomous Region, the asymmetry is reflective of the recognition of the distinct Bangsamoro identity and their aspiration for self-governance;<\/p>\n “Bangsamoro Government<\/strong>\u201d <\/em>refers to the corporate governmental entity with all the powers granted to it by the Constitution, Bangsamoro Organic Law and other statutes, as well as those necessary for, or incidental to, the governance of the Bangsamoro Autonomous Region in Muslim Mindanao, including the Bangsamoro Parliament, Bangsamoro Government of the Day, and various instrumentalities through which political authority is exercised;<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u201cNational Government\u201d<\/strong> <\/em>refers to the entire machinery of the central government, as distinguished from the different levels of local governments;<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u201cBangsamoro Autonomous Region” used interchangeably herein with the \u201cBangsamoro Autonomous Region in Muslim Mindanao\u201d<\/strong> <\/em>refers to the autonomous region established by virtue of Republic Act No. 11054, also known as the \u201cOrganic Law for the Bangsamoro Autonomous Region in Muslim Mindanao\u201d;<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u201cBangsamoro Organic Law\u201d<\/em><\/strong> refers to Republic Act No. 11054, also known as the \u201cOrganic Law for the Bangsamoro Autonomous Region in Muslim Mindanao\u201d, the purpose of which is to establish a political entity, provide for its basic structure of government in recognition of the justness and legitimacy of the cause of the Bangsamoro People and their aspirations and all indigenous cultural communities in the Bangsamoro Autonomous Region in Muslim Mindanao to secure their identity and posterity, allowing for meaningful self-governance within the framework of the Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines;<\/p>\n “Local Government”<\/em><\/strong> refers to the constituents units of the Bangsamoro Autonomous Region in Muslim Mindanao, such as the component provinces, cities, municipalities, barangays and such other political subdivisions established by law or in accordance with the Bangsamoro Organic Law;<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 “National agency”<\/strong> <\/em>refers to a unit of the National Government;<\/p>\n “Ministry” <\/em><\/strong>refers to a cabinet portfolio in the Bangsamoro Government exercising executive authority, created by the Bangsamoro Organic Law and those that may be created by law passed by the Parliament;<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 “Office”<\/strong> <\/em>refers within the framework of governmental organization, to any major functional unit of the Bangsamoro Government or its ministries. It may also refer to any position held or occupied by individual persons whose functions are defined by law;<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 “Instrumentality”<\/strong> <\/em>refers to any agency of the Bangsamoro Government, not integrated within the ministry framework vested with special functions or jurisdiction by law, endowed with some if not all corporate powers, administering special funds, and enjoying operational autonomy, usually through a charter. This term includes regulatory agencies, chartered institutions and government-owned or -controlled corporations;<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/em><\/strong>\u201cGovernment of the Day\u201d <\/em><\/strong>refers to the Cabinet headed by the Chief Minister, and composed of other Ministers appointed by him, majority of whom shall also be Members of the Parliament, that exercises executive authority in the Bangsamoro Government. The Government of the Day, during the transition period, is the Moro Islamic Liberation Front\u2013led majority with the participation of the Moro National Liberation Front (MNLF) and other Members of the Bangsamoro Parliament who voted for the latter\u2019s leadership therein;<\/p>\n \u201cPopular Initiative\u201d<\/em><\/strong> refers to the process whereby a bill is proposed directly by the people as part of participatory democracy in the Bangsamoro Autonomous Region;<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 “Bangsamoro Government-<\/strong><\/em>O<\/em><\/strong>wned or <\/em><\/strong>-C<\/em><\/strong>ontrolled <\/em><\/strong>C<\/em><\/strong>orporation”<\/em><\/strong> refers to any agency organized as a stock or non-stock corporation, vested with functions relating to public needs whether governmental or proprietary in nature, and owned by the Bangsamoro Government directly or through its instrumentalities either wholly, or, partly, subject to the applicable provisions of existing Corporation Laws;<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 “Officer”<\/strong> <\/em>as distinguished from “clerk” <\/em>or “employee”<\/em>, refers to a person whose duties, not being of a clerical or manual nature, involves the exercise of discretion in the performance of the functions of the government. When used with reference to a person having authority to do a particular act or perform a particular function in the exercise of governmental power, “officer”<\/em> includes any government employee, agent or body having authority to do the act or to exercise that function;<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 “Employee”<\/strong><\/em>,<\/em><\/strong> when used with reference to a person in the public service, includes any person in the service of the government or any of its agencies, divisions, subdivisions or instrumentalities;<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u201cKhalifa\u201d<\/strong><\/em> refers to a human as a vicegerent, trustee, steward of Allah (Subhannahu Wa\u2019 Taalah<\/em>) on earth;<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u201cContracts\u201d<\/strong> <\/em>refer to written or unwritten agreements\/meeting of the minds between two or more persons or juridical entities;<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u201cRegular Non-Working Holidays<\/em>\u201d<\/strong> are those national and regional holidays provided by law, which are observed throughout the area of autonomy;<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u201cSpecial Holidays\u201d<\/strong><\/em> refer to non-regular holidays in the region and certain local government units in observance of historical, religious and other significant events which need official proclamation from the Chief Minister;<\/p>\n \u201cSettler Communities\u201d<\/em><\/strong> refer to those who are not native inhabitants of the Bangsamoro Autonomous Region, but who came to permanently reside therein as part of the Philippine Government\u2019s resettlement programs or who voluntarily opted to migrate thereto, as well as their descendants who continue to reside in the Bangsamoro;<\/p>\n \u201cNon-Moro Indigenous Peoples\/Non-Moro Indigenous <\/em><\/strong>Cultural Communities\u201d<\/strong> refer to a group of people or homogenous societies identified by self-ascription and ascription by others, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed and utilized such territories, sharing common bonds of language, customs, traditions and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, non-indigenous religions and cultures, became historically differentiated from the majority of Filipinos. ICCs\/IPs shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country, at the time of conquest or colonization, or at the time of inroads of non-indigenous religions and cultures, or the establishment of present state boundaries, who retain some or all of their own social, economic, cultural and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains. They do not ascribe to the Moro identity;<\/p>\n \u201cMoral Governance<\/strong>\u201d <\/em>refers to the set of rules, practices, and processes completely devoid of all the evils of graft and corruption, and explicitly driven by the moral principles of utmost dedication, devotion, honesty, justice, and integrity;<\/p>\n \u201cBangsamoro Parliament<\/em><\/strong>\u201d refers to the body in which the powers of government is vested and shall have legislative authority to enact laws on matters that are within the powers and competencies of the Bangsamoro Government.<\/p>\n BOOK I Chapter 1 Sec. 1. Bangsamoro People.<\/em><\/strong> – 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, shall have the right to identify themselves, their spouses and descendants, as Bangsamoro.<\/p>\n Sec. 2. Bangsamoro Territory<\/em>.<\/strong> –<\/strong> The territorial jurisdiction of the Bangsamoro Autonomous Region shall be composed of:<\/p>\n Sec. 3.<\/strong>\u00a0Constituent Units.<\/em><\/strong>\u00a0<\/em>– The constituent units of the Bangsamoro Autonomous Region are provinces, cities, municipalities, barangays, and geographical areas within its territorial jurisdiction.<\/p>\n Sec. 4.<\/strong> Inland Waters.<\/em><\/strong> – <\/strong>All inland waters such as lakes, rivers, river systems, and streams within its territorial jurisdiction form part of the Bangsamoro Autonomous Region inland waters. The preservation and management of the inland waters shall be under the Bangsamoro Government as provided for in Section 22, Article XIII of the Bangsamoro Organic Law.<\/p>\n Sec. 5. Bangsamoro Municipal and Regional Waters. <\/em><\/strong>–<\/strong> The municipal and regional waters of the Bangsamoro Autonomous Region shall extend up to fifteen (15) kilometers and nineteen (19) kilometers, respectively, from the low-water mark of the coasts that are part of the Bangsamoro territorial jurisdiction.<\/p>\n Where a constituent local government unit of the Bangsamoro Autonomous Region and an adjoining local government unit are so situated on opposite shores such that there is thirty (30) kilometers of waters or less between them, a line equally distant from the opposite shores shall be drawn to demarcate the Bangsamoro waters and the municipal waters of the adjoining local government unit.<\/p>\n In case the constituent local government unit of the Bangsamoro Autonomous Region and an adjoining local government unit are so situated on opposite shores that there is more than thirty (30) kilometers but less than thirty-four (34) kilometers of waters between them, a line shall be drawn at the edge of the fifteen-kilometer municipal waters of the adjoining local government unit to demarcate it from the Bangsamoro waters.<\/p>\n Chapter 2<\/strong> Sec. 6. Bangsamoro Flag.<\/em><\/strong> –<\/strong> The Bangsamoro flag shall be in the shape and dimension of a standard flag, three (3) feet by five-and-a-half (5 \u00bd) feet, and shall contain four (4) distinctive colors, a Crescent, a seven-rayed Star, and a Kris. It shall always be regarded with utmost respect and admiration, and shall always be displayed alongside the Philippine Flag pursuant to Section 2, Article II of R.A. No. 11054.<\/p>\n Sec. 7. Bangsamoro Emblem.<\/em><\/strong> –<\/strong> The Official Bangsamoro Seal shall be circular in design. The words \u2018BANGSAMORO AUTONOMOUS REGION IN MUSLIM MINDANAO\u2019 shall be clearly printed at the upper portion and the same shall be preceded and ended by stars. The year of creation of the Bangsamoro Autonomous Region in Muslim Mindanao \u20182019\u2019 shall be printed at the lower portion.<\/p>\n The outermost part of the Official Bangsamoro Seal shall be bordered by a rope. In its center shall be a Crescent with a Seven-rayed Star to its right.<\/p>\n The Rope, the Crescent, and the Seven-rayed Star shall be golden yellow in color. There shall be a strip, slightly red in color, in the inner portion of the rope. The crescent and the star shall be set against a green background. The words inscribed therein shall be written in green with white as its background.<\/p>\n Sec. 8. Bangsamoro Hymn.<\/em><\/strong> –<\/strong> The official lyrics and rendition of the Bangsamoro Hymn shall be in accordance with the official musical arrangement and composition embodied in Bangsamoro Autonomy Act No. 7.<\/p>\n Whenever the Bangsamoro Hymn is sung, it shall always be preceded by the singing of the Philippine National Anthem.<\/p>\n Sec. 9. Seat of the Bangsamoro Government.<\/em><\/strong> –<\/strong> The seat of the Bangsamoro Government shall be in Cotabato City, unless otherwise provided by the Bangsamoro Parliament in a subsequent law.<\/p>\n Sec. 10. Bangsamoro Foundation Day<\/em>.<\/strong> –<\/strong> January 21 is hereby proclaimed as the Bangsamoro Foundation Day and declared a non-working holiday in celebration of the establishment of the Bangsamoro Autonomous Region, which shall be celebrated in recognition of the dreams and aspiration of the people to chart their social, political, cultural and economic destiny in exercise of their right to self-determination.<\/p>\n Sec. 11. Bangsamoro Legal Holidays.<\/em> <\/strong>–<\/strong> Regular non-working holidays and special holidays provided for by laws and issuances of the National Government shall be observed in the Bangsamoro Autonomous Region.<\/p>\n The Bangsamoro Parliament shall enact a law to identify the holidays to be observed in the Bangsamoro Autonomous Region. The Chief Minister may likewise proclaim any local special holiday for a particular date and place in accordance with existing laws and issuances.<\/p>\n Chapter 3 Sec. 12. Effectivity of Executive Issuances.<\/em><\/strong> –<\/strong> Executive issuances shall take effect after fifteen (15) days following the completion of their publication in the Bangsamoro Gazette or in a newspaper of regional circulation, unless otherwise provided.<\/p>\n Sec. 13. Interpretation of Laws and Administrative Issuances.<\/em> –<\/strong> In the interpretation of a law or an administrative issuance promulgated in all the official languages, the language used in the original text shall control, unless otherwise specifically provided. Only in the event of ambiguity, omission or mistake, may the other texts be consulted.<\/p>\n This Administrative Code shall be liberally construed in favor of giving effect to the autonomous character of the Bangsamoro Autonomous Government.<\/p>\n Sec. 14. Bangsamoro Gazette.<\/em><\/strong> –<\/strong> The Bangsamoro Gazette shall be the official gazette of the Bangsamoro Government which will publish all legislative acts and resolutions of a public nature, all executive and administrative issuances of general application, decisions or abstracts of decisions of the Shari\u2019ah<\/em> Courts of sufficient importance to be published, documents or classes of documents as may be required to be published by law and such documents or classes of documents of general application.<\/p>\n The Bangsamoro Gazette shall be published by the Bangsamoro Information Office (BIO) in the English language and whenever applicable, in Filipino and Arabic. It shall be made available to all national and local agencies upon subscription. The Bangsamoro Library and Archives shall serve as the official custodian and repository thereof.<\/p>\n Ministries and all offices and agencies shall submit copies of their issuances and similar documents to the Bangsamoro Information Office for publication.<\/p>\n Upon written request, the Bangsamoro Information Office shall translate the relevant documents in Arabic in coordination with the Bangsamoro Darul Ifta\u2019.<\/em><\/p>\n Chapter 4 Sec. 15. Official Use of Metric System.<\/strong> – The metric system of weights and measures shall be used in the Bangsamoro Autonomous Region for all products, articles, goods, commodities, materials, merchandise, utilities, services, as well as for commercial transactions like contracts, agreements, deeds and other legal instruments publicly and officially attested, and for all official documents. Only weights and measures of the metric system shall be officially sealed and licensed.<\/p>\n Sec. 16. Legal Periods.<\/em><\/strong> – \u201cYear\u201d shall be understood to be twelve calendar months; \u201cmonth\u201d of thirty days, unless it refers to a specific Gregorian calendar month in which case it shall be computed according to the number of days the specific month contains; \u201cday\u201d to a day of twenty-four hours; and \u201cnight\u201d, from sunset to sunrise.<\/p>\n The Gregorian calendar shall be used in the Bangsamoro alongside the Hijri<\/em> Calendar.\u00a0 In cases of documents requiring official dates, the Gregorian calendar date will be shown with its counterpart Hijri <\/em>date, as far as practicable.<\/p>\n Chapter 5 Sec. 17. Nature of Public Office<\/em>. – <\/strong>Public office is a sacred public trust. Public officers and employees must at all times be accountable to God and to the people, serve as \u201dkhalifa\u201d,<\/em> with the utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice, and lead modest lives.<\/p>\n <\/p>\n Sec. 18. Declaration of Assets, Liabilities and Net <\/em><\/strong>W<\/em><\/strong>orth.<\/em><\/strong> – <\/strong>A public officer or employee shall, upon assumption to office and as often thereafter as may be required by law, submit a declaration under oath of their assets, liabilities and net worth.<\/p>\n Sec. 19. Ethics in Government.<\/strong> –<\/strong> All public officers and employees shall be guided by the core values of moral governance and the Bangsamoro Civil Service Code.<\/p>\n Sec. 20. Liability of Superior Officers.<\/em> – <\/strong>A public officer shall not be civilly liable for acts done in the performance of his\/her official duties, unless there is a clear showing of bad faith, malice or gross negligence.<\/p>\n Any public officer who, without just cause, neglects to perform a duty within a period fixed by law or regulation, or within a reasonable period if none is fixed, shall be liable for damages to the private party concerned without prejudice to such other liability as may be prescribed by law; and a head of a ministry\/office\/agency or a superior officer shall not be civilly liable for the wrongful acts, omissions of duty, negligence, or misfeasance of his\/her subordinates, unless s\/he has actually authorized by order the specific act or misconduct complained of.<\/p>\n Sec. 21. Liability of Subordinate Officers.<\/em> – <\/strong>No subordinate officer or employee shall be civilly liable for acts done by him in good faith in the performance of his\/her duties. However, s\/he shall be liable for willful or negligent acts done by him\/her which are contrary to law, morals, public policy and good customs even if s\/he acted under orders or instructions of his\/her superiors.<\/p>\n Chapter 6 Sec. 22. Non-suability of the Bangsamoro Government<\/em><\/strong>. –<\/strong> No suit shall lie against the Bangsamoro Government except with its consent as provided by law.<\/p>\n Sec. 23. Bangsamoro Government’s Responsibility for Acts of Agents.<\/em><\/strong> –<\/strong> The Bangsamoro Government shall be legally bound and responsible by acts of its officials and duly authorized representatives performed in accordance with the Bangsamoro Organic Law and other pertinent laws.<\/p>\n It shall not be bound by the mistakes or errors of its officers or agents in the exercise of their functions, without prejudice to any administrative, civil, and criminal liabilities in the personal capacity of the erring or negligent officer or agent.<\/p>\n Chapter 7 Sec. 24. Oaths of Office for Public Officers and Employees.<\/em> – <\/strong>All public officers and employees of the government before entering upon the discharge of their duties, shall take an oath to uphold and defend the Constitution and the Bangsamoro Organic Law; that s\/he will bear true faith and allegiance to it; obey the laws, legal orders and decrees promulgated by the duly constituted authorities; will faithfully discharge to the best of his\/her ability the duties of the office or position upon which s\/he is about to enter; and that s\/he voluntarily assumes the obligation imposed by his\/her oath of office, without mental reservation or purpose of evasion. Copies of the oath shall be deposited with the Civil Service Commission regional office and the human resource department of the concerned agency.<\/p>\n It is also mandatory to take the Oath of Moral Governance:<\/p>\n \u201cI swear to the Almighty <\/em>Allah (<\/em>God<\/em>)<\/em>
\nPROVIDING FOR THE BANGSAMORO ADMINISTRATIVE CODE
\nAND FOR OTHER RELATED PURPOSES
\n<\/strong><\/p>\n\n
\nBANGSAMORO AUTONOMY AND ADMINISTRATION<\/strong><\/p>\n
\nThe Bangsamoro Autonomous Region
\n<\/strong><\/p>\n\n
\nBangsamoro Symbols and Emblems<\/strong><\/p>\n
\nOperation and Effects of Laws
\n<\/strong><\/p>\n
\nLegal Weights, Measures, and Periods
\n<\/strong><\/p>\n
\nGeneral Principles Governing Public Officers
\n<\/strong><\/p>\n
\nBangsamoro Immunity from Suit
\n<\/strong><\/p>\n
\nOfficial Oaths
\n<\/strong><\/p>\n