Bangsamoro Transition Authority

Article 16: Bangsamoro Transition Authority (BTA)

Section 1. Transition Period

The transition or interim period to establish the Bangsamoro shall start upon ratification of this Basic Law.

It is ratified upon proclamation of the Commission on Elections, or its duly authorized officers, that plebiscite is in favor of creating the Bangsamoro. This will be confirmed by the GPH and MILF negotiating panels.

Transition period shall end upon the dissolution of the BTA as provided in this Basic Law.

The period of transition herein defined shall be without prejudice to the initiation or continuation of other measures that may be required by post-conflict transition and normalization even beyond the term of the BTA.

Section 2. Bangsamoro Transition Authority (BTA)

The BTA:

• is the interim government during the transition period. The MILF is the principal party to the Comprehensive Agreement on the Bangsamoro and shall lead the BTA, in its leadership and membership.
• will have 50 members appointed by the President; Provided that, non-Moro indigenous communities, women, settler communities and other sectors shall have representatives in the BTA. Nominations may be submitted to the office of the President for this purpose.

The Council of Leaders as provided in Section 5, Article VI shall also be organized during the transition period.93

Section 3. Powers and Authorities

Legislative and executive powers in the Bangsamoro during transition shall be vested in the BTA. During the transition period, executive authority shall be exercised by the interim Chief Minister, who shall be appointed by the President as such, while legislative authority shall be exercised by the BTA.

All devolved authorities shall be vested in the BTA during the transition period.

For purposes of mechanisms for intergovernmental relations with the Central Government and local governments units in the Bangsamoro, the BTA shall be deemed as the Bangsamoro Government for the duration of the transition period.

Section 4. Functions and Priorities

The BTA shall ensure the accomplishment of the following priorities during the transition period:

a. Enactment of priority legislations such as the Bangsamoro Administrative Code, the Bangsamoro Revenue Code and the Bangsamoro Electoral Code, consistent with powers and prerogatives vested in the Bangsamoro Government by this Basic Law; Provided that, until the abovementioned laws are enacted for the Bangsamoro, Muslim Mindanao Autonomy Act No. 25 or the ARMM Local Government Code, and subsisting laws on elections and other electoral matters shall apply in the Bangsamoro.

The BTA may also enact a Bangsamoro Civil Service Code, as provided in this Basic Law. In the absence of the latter, national civil service laws and regulations are primarily applicable in the Bangsamoro;

b. Organization of the bureaucracy of the Bangsamoro Government during transition, including the approval and implementation of a transition plan, and the institution of a placement process for hiring of personnel during transition. This shall also include the setting up of offices and other institutions necessary for the continued functioning of government and delivery of social services in the region, as well as those necessary for the smooth operations of the first elected Bangsamoro Government in 2016;94

c. Transfer of powers and properties of the ARMM Regional Government to the Bangsamoro Government, and the disposition of personnel, as provided in this Basic Law; and

d. Other matters that may be necessary for the transition from the ARMM Regional Government to the Bangsamoro Government, as provided in this Basic Law.

Section 5. Transition Plan

Within the first sixty (60) days of the transition period, the interim Chief Minister shall submit to the BTA a transition plan that shall contain the proposed organizational plan, as well as the schedule therefor.

The BTA shall approve or otherwise act on the proposed transition plan within ten (10) days upon submission by the interim Chief Minister. It shall be implemented within fifteen (15) days from its approval.

Section 6. Interim Officers

The interim Chief Minister shall organize the interim Cabinet and shall appoint an interim Deputy Chief Minister, who shall also be a member of the BTA. The interim Chief Minister shall also appoint such other ministers as may be necessary to perform the functions of government during transition, a majority of whom shall be from among members of the BTA.

Members of the BTA who are appointed to cabinet positions shall serve their offices concurrently; Provided that, no member of the BTA may be appointed, elected or otherwise hold more than two (2) positions at the same time.

Section 7. Interim Cabinet

The Interim Cabinet shall have 10 primary offices with sub-offices for matters covered and priority ministries, namely:

• Governance, in charge of budget and finance, accountability
• Social Services, in charge of social welfare, and such similar or related matters;95
• Development, in charge of transportation and communications, regional investments, trade and industry, agriculture, forestry and environment, urban and rural development, and such similar or related matters;
• Education
• Public Order and Safety
• Indigenous Peoples Affairs
• Health
• Public Works
• Local Government
• Finance

The BTA may empower the interim Chief Minister to create other ministries and primary offices, upon a determination of the majority of its members that the same is necessary for achieving the twin goals of continuity of social services and transitioning to the regular Bangsamoro Government.

Section 8. Organization of the Bureaucracy

The authority of the BTA to create offices and organize the bureaucracy during transition is without prejudice to the authority of the Bangsamoro Government to reorganize the bureaucracy upon its constitution, or any time thereafter.

In the exercise of this authority, the BTA shall ensure the least possible disruption to the functioning of government and the delivery of services in the region.

All offices and institutions created by laws enacted by the ARMM Regional Legislative Assembly shall be deemed part of the ARMM Government and shall be subject to the phase out plan that will be adopted by the BTA.96

Section 9. Transfer of Powers and Properties and Disposition of Personnel

All powers, functions, assets, capital, receivables, equipment and facilities of the ARMM Regional Government at the time of the ratification of this Basic Law shall be transferred to the Bangsamoro Government.

The BTA shall schedule the gradual phasing out of offices of the ARMM, which are deemed abolished upon the ratification of the Bangsamoro Basic Law. In consideration of public interest and the delivery of services, officials holding appointive positions shall continue to perform their functions in accordance with the schedule.

The Central Government shall provide the necessary funds for the benefits and entitlements of affected employees in the ARMM.

The BTA shall institute an independent, strictly merit-based and credible placement and hiring process for all offices, agencies and institutions in the Bangsamoro, and shall consider gender and ethnic balance.

An inventory will be conducted to ensure that the liabilities of the ARMM under law, contracts or others will be settled prior to the turnover to the BTA.

For this purpose, the Office of the Regional Governor of the ARMM shall turnover to the BTA upon the latter’s constitution a summary report on the status of the Regional Government as of the date of the ratification of this Basic Law, including information on the status of devolution, personnel, properties and assets of the Regional Government.

Section 10. Disposition of Personnel and Assets of Central Government

Offices/Agencies

The Central Government shall provide for the disposition of personnel of Central Government or National GOCCs whose mandate and functions are transferred to or now vested in the Bangsamoro Government by virtue of this Basic Law.

Properties and assets shall be transferred to the Bangsamoro Government within six (6) weeks from the organization of the BTA. The transfer of properties and assets is without prejudice to the power of the BTA to organize the bureaucracy during transition.97

Section 11. Dissolution of the BTA

Immediately upon the qualification of the elected Chief Minister under the first Bangsamoro Parliament, the Bangsamoro Transition Authority shall be deemed dissolved.

The BTA shall submit its final report and recommendations to the Bangsamoro Parliament, as well as to the House of Representatives and the Senate, on the status of government during the transition period within sixty (60) days from the assumption into office of all members of the first Parliament.

Section 12. Regular Elections

The first regular elections for the Bangsamoro Government under this Basic Law shall be held on the first Monday of May 2016, governed by the Bangsamoro Electoral Code.

The National Omnibus Election Code shall apply suppletorily, whenever appropriate.

The Commission on Elections (COMELEC), through the Bangsamoro Electoral Office, shall:

• promulgate rules and regulations for the said elections
• enforce and administer the same, consistent with this Basic Law and the Bangsamoro Electoral Code, as correlated with relevant national laws.

Section 13. Initial Funding for Transition

To carry out the requirements of transition, including , as provided in this Basic Law, the amount of

1b Pesos is appropriated for the BTA, charged against the General Funds of the Central Government. This fund is for:

• the activities of the BTA
• organization of the bureaucracy
• hiring of personnel
• the exercise of the BTA’s functions and powers

In addition, the current year’s appropriations for the ARMM shall also be transferred to the BTA for this purpose.

This shall be without prejudice to any supplemental budget that may be appropriated by Congress to support the transition.

Government functions falling within the reserved powers of the Central Government in the Bangsamoro shall continue to be financed by the Central Government funds.98

Article 17: AMENDMENTS AND REVISIONS

Section 1. Amendments and Revisions

All proposals to amend or revise the provisions of this Basic Law shall be first discussed and endorsed by the Philippine Congress-Bangsamoro Parliament Forum to Congress.

Such amendment or revision, as enacted by Congress, shall become effective upon approval by a majority vote of qualified voters in the Bangsamoro cast in a plebiscite called for the purpose.

The plebiscite shall be held not earlier than sixty (60) days or later than ninety days after the approval of such amendment or revision.

Article 18: FINAL PROVISIONS

Section 1. Separability Clause

The provisions of this Basic Law are deemed separate.

If any provision of this Basic Law is declared unconstitutional, other sections or provisions, which are not affected by such declaration shall continue.

Section 2. Repealing Clause

All laws, decrees, orders, rules and regulations, and other issuances or parts thereof, which are inconsistent with this Basic Law, are hereby repealed or modified accordingly.

Section 3. Subsisting Regional Laws

All subsisting laws enacted by the Regional Legislative Assembly of the Autonomous Region Muslim Mindanao by virtue of authorities provided under Republic Act No. 6734, as amended by Republic Act No. 9054, shall be deemed in effect, unless inconsistent with the Basic Law or repealed by laws passed by the Bangsamoro Transition Authority or the Bangsamoro Parliament.99

Section 4. Effectivity Clause

This Basic Law shall take effect 15 days following its complete publication in at least 2 national newspapers and 1 local newspaper in the Bangsamoro.

Section 5. Abolition of the ARMM

The ratification of this Basic Law abolishes the ARMM.