MANILA: More than a month after the historic election in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM), Chief Minister Abdulraof Macacua announced the composition of his Cabinet, designating officials to lead the ministries and offices of the regional government.
BARMM is the only region in the Philippines with its own government, parliament, chief minister and Cabinet, allowing it to manage regional affairs under a parliamentary-democratic system established through Republic Act No. 11054, or the Bangsamoro Organic Law (BOL).
The law, signed in 2018, recognised the need for Muslim Filipinos and all indigenous cultural communities in BARMM to “secure their identity and posterity” through “self-governance within the framework of the Constitution.”
While its government structure may make BARMM appear to be an independent state, it is not. The region remains an “inseparable part” of the Philippines, with its people expected to uphold the Constitution as the fundamental law of the land and unequivocally owe allegiance and fidelity to the republic.
BARMM’s government
Under its parliamentary system, the region’s legislative and executive powers are closely linked, with the Bangsamoro Parliament serving as the central institution of regional governance.
It is responsible for enacting laws, setting policies and electing the chief minister, who exercises executive power on its behalf. Executive functions, meanwhile, are carried out by the Cabinet, now headed by Macacua, who was elected Oct. 30.
Macacua was not directly elected by voters in a separate regional executive election. Instead, he was selected through a vote by members of the Bangsamoro Parliament, whose members were elected in the first-ever BARMM elections on Sept. 14.
Under Article VII of the BOL, the chief minister is elected by a majority vote of all members of the Bangsamoro Parliament. The chief minister nominates two deputy chief ministers, who are also elected.
The Bangsamoro Parliament is composed of 80 members, with the BOL providing for three forms of representation: party representatives, who make up 50 per cent; district representatives, 40 per cent; and reserved seats and sectoral representatives, 10 per cent.
All members serve three-year terms but cannot serve more than three consecutive terms.
What does the Chief Minister do?
The chief minister, as head of the regional government, oversees the implementation of its policies and programs and has the power to:
Appoint the heads of ministries, agencies, bureaus and offices of the regional government;
Formulate a government platform, subject to the Bangsamoro Parliament’s approval;
Issue executive orders and other regional government policies;
Represent the Bangsamoro Government in regional affairs; and
Declare a state of calamity in the region in the event of natural or human-induced disasters.
The Cabinet, meanwhile, carries out the government’s executive functions through its respective ministries and offices.
The regional government also has the authority to establish and organise its own bureaucracy to deliver public services and implement its mandate.
What can the Parliament do?
As stated in the BOL, the Bangsamoro Parliament has the power to enact laws promoting and protecting the general welfare of the Bangsamoro people and other residents of the region.
It may also call for referendums on important regional issues, pass legislation allowing citizens to propose laws through initiatives and conduct inquiries in aid of legislation, provided that the rights of individuals involved in such proceedings are respected.
The Bangsamoro Parliament is also empowered to pass laws governing the allocation of funds within the respective appropriations of its offices, the Office of the Chief Minister and the Shari’ah High Court, allowing their respective heads to augment budget items using savings from other allocations.
It may likewise regulate regional franchises and concessions within the Bangsamoro Government’s jurisdiction and authorise the chief minister to grant leases, permits and licenses covering agricultural lands and forest management.
Other powers include disciplining its members in accordance with the Organic Law, declaring regional holidays through legislation and participating in consultations on matters affecting the environment.
BARMM’s justice system
The BOL also provides for a justice system that recognises the region’s distinct cultural and historical heritage while remaining consistent with the Philippine Constitution and existing national laws.
Within this framework, the administration of justice in BARMM takes into account not only the Constitution and other relevant laws but also Shari’ah and traditional or tribal laws, reflecting the diverse legal and cultural practices of its communities.
The law also provides that C courts within the region form part of the Philippine judicial system and remain under the supervision of the Supreme Court. Regular courts operating in BARMM will likewise continue to function under the high court’s supervision.
Congress may also establish additional per cent courts within BARMM upon the recommendation of the Supreme Court. It may also create such courts outside the region in areas with a considerable Muslim population.
Limitations
While the regional government has legislative and executive authority over a wide range of regional concerns, allowing it to formulate policies and enact laws suited to the needs of its communities, its powers are not limitless.
The BOL provides that all powers, functions and responsibilities not granted to the Bangsamoro Government by the Constitution or national law remain with the national government.
The President also exercises general supervision over the Bangsamoro Government to ensure that laws are faithfully implemented. - Philippine Daily Inquirer/ANN
