Bangsamoro Autonomy Act No. 13

In forceCabinet measure

An Act Instituting the Administrative Code of the Bangsamoro Autonomous Region in Muslim Mindanao

The region gains a permanent administrative architecture — including institutions the national framework has no counterpart for, such as the Darul-Ifta' headed by the Bangsamoro Mufti and the Bangsamoro Pilgrimage Authority for Hajj and Umrah — while policing, jails, fire protection and the coast guard remain national services the Code recognises rather than creates.

  1. Filed

    Sep 27, 2022

  2. First Reading

    Oct 17, 2022

  3. Second Reading — Committee

    Oct 21, 2024

  4. Second Reading — Plenary

  5. Third Reading

  6. Approved

  7. EnactedNow

    Oct 28, 2020

Signed into law and operative unless later amended or repealed.

What this measure does

This is the organization chart of the Bangsamoro Government, written as law. 7 Books and 20 Titles covering the Wali, the Parliament, the Cabinet, the justice system, 15 ministries, the Office of the Chief Minister and everything attached to it, the intergovernmental machinery with Manila, and the national agencies that continue to operate inside the region.

Much of it is the ordinary furniture of public administration — how ministries relate to their attached agencies, who signs which contract, how administrative issuances are numbered and published. Some of it is quietly useful: every office must keep an official logbook of final acts and decisions, open to the public, and where the timing of an official act is disputed, that logbook controls.

What gives the Code its character are the institutions with no national counterpart. The Bangsamoro Darul-Ifta', headed by the Mufti and seating 6 ulama drawn one from each province and one from the Special Geographic Area, selected by mashuwarah — issuing fatawa, leading inter-religious dialogue, exchanging Ramadan moon-sighting information with neighbouring Southeast Asian Muslim countries, and declaring the start and end of the fast and both Eids. The Bangsamoro Pilgrimage Authority, holding primary jurisdiction over Hajj and Umrah. An Office for Settler Communities headed by settlers. An Office for Other Bangsamoro Communities, for the Bangsamoro who live outside the region entirely.

And then Title XIX, which is the most revealing part of the Code, because of what it does not do.

Why it was proposed

A government created in 2019 had to be assembled. The Code puts the whole apparatus in one instrument rather than leaving it to executive orders, and fixes in statute both what the region administers and what it merely hosts.

Who it affects

  • Anyone dealing with a Bangsamoro ministry, office or attached agency.
  • Pilgrims traveling for Hajj and Umrah.
  • Cooperatives and social enterprises, and former combatants reintegrating through them.
  • Settler communities, and Bangsamoro living outside the region.
  • Investors seeking regional incentives.
  • Constituent LGUs, bound by the gender and development budget floor.

Who would implement it

  • Office of the Chief Minister and the Bangsamoro Cabinet
  • 15 ministries, each administering its own Title
  • Bangsamoro Attorney-General's Office, settling inter-agency disputes
  • Attached bodies — Darul-Ifta', Pilgrimage Authority, Board of Investments, Cooperatives and Social Enterprise Authority, Planning and Development Authority, Development Academy, Information Office, ICT Office
  • National agencies operating regional offices — PNP, NAPOLCOM, BJMP, BFP, Coast Guard, COMELEC and the Civil Service Commission

Funding

No appropriation. The Code carries no appropriation. It organizes the government through which every other appropriation is spent. It does impose one standing fiscal rule: at least 5% of the total budget of every ministry, office and constituent LGU must go to gender-responsive programs, with a further 5% to 30% of official development assistance set aside to complement it.

What changes if it becomes law

  • The region gains a complete statutory administrative architecture.
  • Institutions with no national counterpart are created — the Darul-Ifta', the Pilgrimage Authority, offices for settlers and for Bangsamoro abroad.
  • A 5% gender and development floor binds every ministry, office and constituent LGU.
  • Cooperatives become an instrument of combatant reintegration.
  • Policing, jails, fire and coast guard are confirmed as national services operating regionally.

Raised during deliberations

No published record of the debate on this measure. Parliament’s journals cover sittings up to March 2023 only, and no committee report on it has been published.

What to notice

Title XIX is where this Code is most honest about the limits of the autonomy it administers. It does not create a regional police force, a regional jail bureau, a regional fire service or a regional coast guard. It *recognizes* the establishment by the Philippine National Police of a Police Regional Office, by the Bureau of Jail Management and Penology of a regional office, by the Bureau of Fire Protection of another, and by the Philippine Coast Guard of another — each under national operational and administrative control. The Chief Minister is consulted on who becomes Police Regional Director, and the National Police Commission “shall consult the Chief Minister on police matters affecting the Police Regional Office”. Consultation is the whole of it. Even the electoral office is a COMELEC unit, funded from COMELEC's budget. For a region whose conflict was fundamentally about who holds coercive power, the administrative code says plainly that the answer remains Manila, and the Bangsamoro Government's role is to be asked.

What the region does hold, it holds distinctively. The Darul-Ifta' provisions are the clearest example — a government office whose head declares when Ramadan begins and ends, coordinates moon-sighting with neighbouring Muslim countries, and issues religious edicts, all within an administrative code that elsewhere concerns itself with procurement services and logbooks. And the Pilgrimage Authority sections read like they were drafted by people who had watched Hajj administration go wrong elsewhere: collections capped at mutawiff and processing fees only, held in a special trust fund, pilgrims guaranteed free choice of travel agency and airline, and a flat prohibition — “In no instance shall the pilgrims be forced to purchase such logistics, materials and supplies from the Authority or its authorized agents.” That last clause exists because somebody, somewhere, was made to.

The peace process surfaces here too, in an unexpected place. Among the Cooperatives and Social Enterprise Authority's functions is promoting cooperatives and social enterprises “as pathways to reintegrate former combatants, surrenderees, and disaster-affected communities”. It is the same instinct that later produced Article 305 of the Civil Service Code reserving entry-level government posts for Mujahideen and Mujahidat: normalization written into whichever body of law happens to be passing at the time.

One structural point deserves flagging. Section 68 gives the Chief Minister continuing authority to reorganize the executive — abolishing, consolidating and merging units, transferring functions, and moving entire agencies between ministries — without returning to Parliament. Set against Book VII's rule that the Code itself may only be amended by an Act of Parliament, the effect is that the words of the Code are protected while the machine it describes can be rearranged at will. That is a common feature of administrative codes, and a real one: the org chart in the statute and the org chart in practice can drift apart without anyone amending a line.

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