Rehabilitation And Development

Article 14: Rehabilitation And Development

Section 1. Rehabilitation and Development

The Bangsamoro Government, with funding from the Central Government, shall rehabilitate, reconstruct and development the Bangsamoro as part of the normalization process.

It shall formulate and implement a rehabilitation and development program that will address the needs of:

• MILF combatants/BIAF members
• decommissioned women auxiliary forces
• internally displaced persons
• poverty-stricken communities.

Section 2. Special Development Fund

The Central Government shall provide a Special Development Fund to the Bangsamoro for rehabilitation and development.

Php 7b shall be allocated for the first year after ratification. On year 2, the Special Development Fund shall be Php 10b paid out to the Bangsamoro Government over 5 years, at the rate of Php 2b per year, released at the beginning of each fiscal year.

Article 15: PLEBISCITE

Section 1. Establishment of the Bangsamoro.

1. The establishment of the Bangsamoro and the determination of the Bangsamoro territory shall take effect upon ratification of this Basic Law by majority of the votes cast in the following provinces, cities, and geographical areas in a plebiscite conducted for the purpose:

• a. The present geographical area of the Autonomous Region in Muslim Mindanao (ARMM)
• b. The Municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan and Tangkal in the province of Lanao del Norte
• c. The following thirty nine (39) Barangays in the Municipalities of Kabacan, Carmen, Aleosan, Pigkawayan, Pikit, and Midsayap in North Cotabato that voted for inclusion in the ARMM during the 2001 plebiscite under Republic Act No. 9054
  • i. Dunguan, Lower Mingading, and Tapodoc in the municipality of Aleosan (3)
  • ii. Manarapan and Nasapian in the municipality of Carmen (2)
  • iii. Nanga-an, Simbuhay and Sanggadong in the municipality of Kabacan (3)
  • iv. Damatulan, Kadigasan, Kadingilan, Kapinpilan, Kudarangan, Central Labas, Malingao, Mudseng, Nabalawag, Olandang, Sambulawan, and Tugal in the municipality of Midsayap (12)
  • v. Lower Baguer, Balacayon, Buricain, DatuBinasing, Kadingilan, Matilac, Patot, and Lower Pangangkalan in the municipality of Pigkawayan (8)
  • vi. Bagoinged, Balatican, S. Balong, S. Balongis, Batulawan, Buliok, Gokoton, Kabasalan, Lagunde, Macabial, Macasendeng, in the municipality of Pigkawayan (11)
• d. The Cities of Cotabato and Isabela
• e. Those qualified for inclusion in the plebiscite, by way of resolution or petition.

Section 2. Territorial Jurisdiction

The plebiscite for purposes of determining the actual territorial jurisdiction of the Bangsamoro shall be conducted, as far as practicable, within one hundred twenty (120) days from the effectivity of this Basic Law.

For this purpose, the COMELEC shall undertake the necessary steps to enable the holding of the plebiscite within the said period.

Section 3. Results of the Plebiscite

• (a) For the present geographic area of the ARMM: if the majority of the registered voters in each province and city vote in favor of the Bangsamoro Basic Law (BBL), the respective provinces and cities shall be included in the Bangsamoro.

• (b) For the municipalities of Baloi, Munai, Nunungan, Pantar, Tagaloan and Tangkal in the Province of Lanao del Norte: If the majority of the registered voters in each of these municipalities vote in favor of the Bangsamoro Basic Law (BBL), the respective municipalities shall be included in the Bangsamoro.

• (c) For other barangays in the municipalities of Kabacan, Carmen, Aleosan, Pigcawayan, Pikit, and Midsayap that voted for inclusion in the ARMM during the 2001 plebiscite: If the majority of the registered voters in each of these barangays vote in favor of the Bangsamoro Basic Law (BBL), the respective barangays shall be included in the Bangsamoro.89

• (d) For the cities of Cotabato and Isabela: If the majority of the registered voters in each of these cities vote in favor of the Bangsamoro Basic Law (BBL), the respective cities shall be included in the Bangsamoro.

• (e) For all other contiguous areas where there is a local government unit resolution or a petition of at least 10% of the registered voters in the geographic area asking for their inclusion at least two months prior to the conduct of the ratification of the Bangsamoro Basic Law (BBL).

If the majority of the registered voters in each of these local government units vote in favor of the Bangsamoro Basic Law (BBL), the respective local government units shall be included in the Bangsamoro.

Section 4. Plebiscite for Joining the Bangsamoro

Any local government unit or geographic area outside the territorial jurisdiction of the Bangsamoro, but which are contiguous to any of the component units of the Bangsamoro, upon a verified petition for the conduct of a plebiscite of at least 10% of the registered voters, submitted to the Bangsamoro Electoral Office.

Provided that, the inclusion of said local government unit or geographic area in the Bangsamoro shall be effective when approved by a majority of the registered voters within that local government unit in the plebiscite called for the purpose.

Provided further that the schedule of the plebiscite shall be determined by the COMELEC through the Bangsamoro Electoral Office.

Section 5. Reconstitution of Local Government Units

The Bangsamoro Parliament, may, by regional law, provide for the constitution of geographic areas in the Bangsamoro into appropriate territorial or political subdivisions depending on the results of any of the plebiscites herein.

Nothing herein shall be construed to allow the Bangsamoro Parliament to create congressional districts.

Section 6. Plebiscite Question

The question to be asked of the voters in the plebiscite shall be as follows: “Do you approve of the Bangsamoro Basic Law?”

Section 7. Plebiscite Monitoring

The COMELEC shall also provide for the accreditation of plebiscite monitors, including the international-domestic monitoring body created by the GPH and the MILF negotiating panels, in accordance with established international standards on election monitoring.

The monitoring body will have access to all operations related to the conduct of the plebiscite and be able to conduct regular and random checks. The reports of the monitoring body shall be made available to the Panels for their disposition.

Section 8. Registered Voters

All registered voters in the provinces, cities and geographical areas mentioned in Section 1 shall be qualified to participate in the plebiscite on the establishment of the Bangsamoro.

Notwithstanding existing laws, rules, and regulations on overseas and local absentee voters, the COMELEC shall ensure that qualified voters for the plebiscite who are located outside the Bangsamoro on the date of the plebiscite shall be given the opportunity to vote, and that voters who are currently registered outside the areas specified but are otherwise qualified to be registered voters of the areas, complying with residency requirements under law, shall be given the opportunity to transfer their registration accordingly, in time for the conduct of the plebiscite.

The COMELEC shall conduct a special registration before the date of the plebiscite on the Bangsamoro Basic Law.

The COMELEC shall promulgate rules for the conduct of plebiscite, including those for:

• the accreditation of plebiscite monitors
• voluntary inclusion in the plebiscite
• the special registration of voters

This is within 30 days from the effectivity of this Basic Law.

Section 9. Information Campaigns

The COMELEC shall supervise the conduct of information campaigns on the plebiscite

Public conferences, assemblies, or meetings on dates before the plebiscite day itself shall be held to inform the residents.

The COMELEC will enlist the help of persons of known probity and knowledge as speakers or resource persons.

Such campaign will be without prejudice to other information dissemination and public advocacy initiatives by the other government or non-government groups or individuals. For information campaigns and other public advocacy initiatives with indigenous communities, local leaders shall be engaged to lead discussions in their respective communities.

Public advocacy initiatives shall be conducted within the framework of solidarity, cooperation, and unity among Moro, indigenous, and settler communities. Consultations shall give due respect to the roles of indigenous and Moro women, and encourage their active participation.

Section 10. Appropriation

A sufficient amount is appropriated for the plebiscite.