The
Philippine State, Society
& Economy, 1992-1998
Sept 2, 96
The Final Peace Agreement
Between the Government of the
Republic of the Philippines and the
Moro National Liberational Front
By the MNLF &
GRP
[For the original text and updates on this Agreement,
see <http://mnlf.net/The_Final.htm>]
IN THE NAME OF GOD, THE OMNIPOTENT, THE MERCIFUL
PEACE AGREEMENT
THE FINAL AGREEMENT ON THE IMPLEMENTATION OF THE 1976 TRIPOLI AGREEMENT
BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES (GRP) AND THE
MORO NATIONAL LIBERATION FRONT (MNLF) WITH THE PARTICIPATION OF THE ORGANIZATION
OF ISLAMIC CONFERENCE MINISTERIAL COMMITTEE OF THE SIX AND THE SECRETARY
GENERAL OF THE ORGANIZATION OF ISLAMIC CONFERENCE.
WHEREAS, the President of the Republic of the Philippines, His Excellency
Fidel V. Ramos has pursued a peaceful settlement of the armed conflict
under the principle of peace with honor and to serve the paramount ends
of national unity, solidarity and progress for Filipinos;
WHEREAS, the MNLF, led by Professor Nur Misuari, inspired by their quest
for peace and prosperity, had in the past asserted the right of the Moro
people to freely determine their political status and pursue their religious,
social, economic and cultural development;
WHEREAS, the Organization of Islamic Conference (OIC), upon the request
of the GRP initiated the First Formal Peace Talks between the GRP and
the MNLF during its Third Ministerial Conference in Jeddah. Kingdom of
Saudi Arabia, which resulted in the signing of the Tripoli Agreement on
December 23, 1976, the document, which served as a basis for a just, lasting,
honorable and comprehensive solution to the problem in Southern Philippines
within the framework of the Philippine Constitution;
WHEREAS, by the grace of the Almighty God and owing to the bold and innovative
initiative of the Philippine Government, under H.E. President Fidel V.
Ramos. and the dedication and the perseverance of his duly appointed representatives,
headed by Presidential Adviser for the Peace Process Manuel T. Yan, coupled
with the highly positive and laudable response of the MNLF leadership
under its founding Chairman, H.E. Prof. Nur Misuari, a peace process has
been conducted and pursued successfully for the last four (4) years, with
the most constructive and beneficial participation of the OIC Ministerial
Committee of the Six, headed by its distinguished Chairman, H.E. Ali Alatas,
Minister of Foreign Affairs of Indonesia, and his four (4) able assistants
as facilitators of the talks, namely: H.E. Ambassador S. Wiryono. H.E.
Dr. Hassan Wirajuda, H.E. Ambassador Pieter Damanik, and H.E. Ambassador
Abu Hartono, and the OIC Secretary General, H.E. Dr. Hamid Algabid, and
his deputy, H.E. Ambassador Mohammed Mohsin, and with special mention
to Libyan Ambassador, H.E. Rajab Azzarouq;
WHEREAS, the parties acknowledge the valuable role of the Organization
of Islamic Conference (OIC) in promoting and upholding the rights, welfare
and well-being of Muslims all over the world;
WHEREAS, the parties likewise, acknowledge the role of the OIC Ministerial
Committee of the Six comprising the nations of Indonesia as Chair, libya,
Saudi Arabia. Bangladesh, Senegal and Somalia in the search of a just,
comprehensive and durable Peace in Southern Philippines;
WHEREAS, in accordance with the Statement of Understanding signed in Tripoli,
Libya on October 3.1992 and the subsequent Statement of Understanding
signed in Cipanas, West Java on April 14,1993, the parties agreed, through
the good offices of The Great Libyan Arab Jamahiriyah, inspired and guided
by its great leader. H.E. Colonel Muammar Khadaffy, the Government of
the Republic of Indonesia under the Wise and able leadership of H.E. Bapah
President Soeharto, and H.E. OIC Secretary General, Dr. Hamid Algabid,
to hold formal peace calks to discuss the modalities for The full implementation
of the 1976 Tripoli Agreement in letter and spirit, to include Those portions
of the Agreement left for further discussion and the transitional Implementing
structure and mechanism;
WHEREAS, the parties affirm their solemn commitment in the aforementioned
Statements of understanding as well as the Memorandum of Agreement signed
in the First Round of Formal Peace Talks held in Jakarta, Indonesia on
October 25 - November 7, 1993; the Interim Agreement signed in the 2nd
Round of Formal Peace Talk held in Jakarta on September 1-5, 1994; the
Interim Agreement signed in the 3rd Round of formal Peace Talks held in
Jakarta on November 27 - December 1, 1995; the Intern Agreement signed
in the 4th Round of Formal Peace Talks held in Jakarta on August 29, 1996;
and in the nine (9) meetings of the Mixed Committee held in various places
and dates in the Philippines and Indonesia;
WHEREAS, all these agreements resulted from the consensus points reached
by the Mixed Committee and the Support Committees (Support Committee No.
I - National Defense and Security; Support Committee No. 2 - Education:
Support Committee No. 3 -Economic and Financial System, Mines and Minerals;
Support Committee No. 4 - Administrative System, Right of Representation
and Participation in the National Government, and in all Organs of the
State: Support Committee No. 5 - Shariah and the Judiciary; and the Ad
Hoc Working Group on the Transitional Implementing Structure and Mechanism
in meetings held in various places in the Philippines and Indonesia;
WHEREAS, the parties have rationalized and consolidated all the agreements
and consensus points reached, with the assistance of the Mixed Committee
and the various support committees established for the purpose, into a
final peace agreement;
WHEREAS, the parties affirm the sovereignty, territorial integrity and
the Constitute of the Republic of the Philippines; and
WHEREAS, this final peace agreement constitutes the full implementation
of the Tripoli Agreement.
NOW THEREFORE, THE PARTIES DO HEREBY AGREE ON THE FOLLOWING:
I. IMPLEMENTING STRUCTURE AND MECHANISM OF THIS AGREEMENT
1. Phase 1 shall cover a three (3) year period starting after
the signing of the peace agreement with the issuance of Executive Order
establishing the Special Zone of Peace and Development (SZOPAD), the Southern
Philippines Council for Peace and Development (SPCPD), and the Consultative
Assembly.
During this phase, the process of the joining in of the MNLF elements
with The Armed Forces of the Philippines will start. The joining in of
MNLF elements with the PNP as part of the regular police recruitment programmed
will also take place in this phase.
2. Phase 2 shall involve amendment to or repeal of the Organic Act (RA
6734) of the Autonomous Region in Muslim Mindanao (ARMM) through Congressional
action, after which the amendatory law shall be submitted to the people
of the concerned areas in a plebiscite to determine the establishment
of a new autonomous government and the specific area of autonomy thereof.
a. While peace and development programs are being implemented in
the SZOPAD, a bill to amend or repeal the RA 6734 shall be initiated within
Phase 1 (1996-1997). The bill shall include the pertinent provisions of
the Final Peace Agreement and the expansion of the present ARMM area of
autonomy. After a law shall have been passed by Congress and approved
by the President, it shall be submitted to the people for approval in
a plebiscite affected areas, within two (2) years from the establishment
of the SPCPD (1998).
b. The new area of autonomy shall then be determined by the provinces
and cities that will vote/ choose to join the said autonomy (1998). It
may be provided by the Congress in a law that clusters of contiguous Muslim
dominated municipalities voting in favor of autonomy be merged and constituted
into a new province(s), which shall become part of the new Autonomous
Region.
II. THE TRANSITIONAL PERIOD (PHASE-1)
Phase 1 shall be implemented as follows:
3. There shall be established a Special Zone of Peace and Development
in Southern Philippines (SZOPAD) covering the provinces of Basilan, Sulu,
Tawi-Tawi, Zamboanga del Sur. Zamboanga del Norte, North Cotabato, Maguindanao,
Sultan Kudarat Lanao del Norte, Lanao del Sur, Davao del Sur, South Cotabato.
Sarangani and Palawan and the cities of Cotabato, Dapitan, Dipolog, General
Santos, lligan, Marawi, Pagadian, Zamboanga and Puerto Princesa. Within
the next three (3) years, these areas shall be the focus of intensive
peace and development efforts. Public and private investments shall be
channeled to these areas to spur economic activities and uplift the conditions
of the people therein.
4. There shall be established a Southern Philippine Council for Peace
and Development (SPCPD), composed of one (1) Chairman, one (1) Vice Chairman
and three (3) Deputies, one each representing the Muslims, the Christians,
and the Cultural Communities. They shall be appointed by the president.
5. The SPCPD shall be assisted by the Darul Iftah (advisory council),
which shall be created by the Chairman of the SPCPD.
6. The local government units in the area including the ARMM shall
continue to exist and exercise their functions in accordance with the
existing laws.
7. Appropriate agencies of the government that are engaged in peace
and development activities in the area, such as but not limited to the
Southern Philippines Development Authority (SPDA), shall be placed under
the control and/or supervision of the Council as its implementing agencies
to ensure that peace and development projects and programs are effectively
accomplished.
Based on the foregoing, the following agencies or entities will be placed
under the control and/or supervision of the SPCPD, to wit:
a. The Southern Philippines Development Authority (SPDA) may be attached
to the SPCPD and be placed under the latter's direct supervision insofar
as SPDA offices and projects in the SZOPAD are concerned. The SPCPD can
exercise a. further degree of control over SPDA by allowing the Council
to submit recommendees to the President for appointment as officials of
SPDA.
b. The Regional and Field Offices of the Office of Muslim Affair (OMA)
which are situated and operating within the Special Zone of Peace and
Development (SZOPAD), shall be placed under the direct supervision of
SPCPD, provided that the coordination, linkages and complementation between
the central OMA and SPCPD shall be defined by a Presidential issuance;
c. The Regional and field Offices of the Office of Southern Cultural
Communities (OSCC) which are situated and operating within the Special
Zone of Peace and Development (SZOPAD), shall be placed under the direct
supervision of SPCPD, provided that the coordination, linkages and complementation
between the central OSCC and SPCPD shall be defined by a Presidential
issuance;
d. Task Force Basilan, which shall be reorganized into the Basilan Development
Task Force, to undertake development activities in Basilan shall be placed
under the control and supervision of SPCPD;
e. Task Force MALMAR - to be reorganized into the Central Mindanao Development
Task Force, lo undertake development activities in Central Mindanao shall
be placed under the control and supervision of SPCPD;
f. Sulu Development task force - an inter-agency task force that shall
be organized to undertake development projects in Sulu -- shall be placed
under the control and supervision of SPCPD; and
g. Special Development Planning Group - this is an ad hoc body composed
of staff (officers and planning experts from the Department of Trade and
Industry (DTI), the National Economic Development Authority (NEDA), the
Department of Public Works and Highways (DPWH) and other concerned agencies
which could be organized to directly support the staff planning requirements,
shall be placed under SPCPD.
The foregoing enumeration of agencies or entities shall not preclude the
President from exercising his power or discretion to delegate, subject
to existing laws, certain powers or functions to the SPCPD, or to place
under agencies or entities under the control and/or supervision of the
latter.
8. The SPCPD, in consultation with the Consultative Assembly utilizing
the funds from the National Government shall monitor, promote and coordinate
the development efforts in the area, including the attraction of foreign
investment, especially from OIC member-countries and the Association of
South East Asian Nations (ASEAN).
9. The powers and functions of the SPCPD and the Consultative
Assembly are derivative and extension of the powers of the President the
powers referred to here are only those powers of the President that could
be delegated under the Constitution and existing laws.
10. There shall be established a Consultative Assembly with 81 members
composed of the following:
a. The Chairman of the SPCPD shall be the head and presiding officer of
the assembly;
b. The Governor and the Vice Governor of the ARMM, and 14 Governor's of
the provinces and the 9 City Mayors in the SZOPAD;
c. 44 members from the MNLF: and
d. 11 members from various sector recommended by non-governmental organizations
(NGOs) and people's organizations ( POs).
11. The Consultative Assembly shall exercise the following functions
and powers:
a. To serve as forum for consultation and ventilation of issues
and concerns;
b. To conduct public bearings as may be necessary and to provide
appropriate advice to the SPCPD; and
c. To formulate and recommend policies to the President through
the chairman of the SPCPD and make rules and regulations to the extent
necessary for the effective and efficient administration of the affairs
of the area.
12. The OIC shall be requested to continue to extend its assistance
and good offices in monitoring the full implementation of this agreement
during the transitional period until the regular autonomous government
is firmly established and for this purpose, help generate broad international
support for the Zone of Peace and Development.
13. A Joint Monitoring Committee composed of members coming from
the GRP and the MNLF, with the help of the OIC, shall continue to meet
to review and identify agreements that can be immediately implemented,
and monitor the implementation of this Agreement during Phase 1.
14. The provisions of the 1994 and 1995 Interim Agreements and subsequent
agreement entered into by the GRP and the MNLF (hat would not require
legislative action shall be implemented during Phase 1.
15. The funds for the operations of the Council and the Assembly
shall be initially sourced from the funds of the Office of the President.
Funding for development programs and projects shall come from the appropriations
of Congress as may be drawn from the General Appropriations Act. A supplementary
budget for the year 1996 will be recommended to Congress for the purpose.
16. The term of the SPCPD and the Consultative Assembly shall be
for a period of three years and may be extended by the President upon
recommendation of the Council itself.
17. The term of office of the SPCPD and the Assembly shall coincide
with the three-year term of office of the officials of the Autonomous
Region in Muslim Mindanao (ARMM) elected in l996.
18. The powers and functions of the Council shall be as follows:
a. To take charge in promoting, monitoring and coordinating the improvement
of peace and order in the area.
b. To focus, on peace and development efforts more particularly in the
depressed areas and cause the in implementation of peace and development
projects;
c. To provide support to local government units as necessary;
d. To exercise such other powers and functions necessary for the effective
implementation of its mandate as may be delegated by the President;
e. To assist in the preparation for the hiding of elections, referenda
or plebiscite and people's initiative in the area as may be duly deputized
by the Commission on Elections (COMELEC);
f. To cause the creation of such offices or instrumentalities as shall
be necessary for the effective and efficient administration of the affairs
of the areas. There shall be approval from the Office of the President
for budgetary purposes.
19. The joining of die MNLF elements with the Philippine National
Police (WP) and the Provision of Security Protection for Certain Officials
of the Southern Philippines Council for Peace and Development;
a. During the transitional phase (phase 1), there shall be a program or
process to allow the joining of MNLF elements into the PNP and to be part
of the PNP Command in accordance with guidelines and procedures under
existing laws. The Philippine Government shall allocate one thousand five
hundred (1,500) PNP vacancies for this purpose to be filled up by MNLF
elements during the transition period, and another two hundred fifty (250)
items for special or auxiliary services.
b. The processing of MNLP elements will start upon the establishment of
the Southern Philippines Council for Peace and Development (SPCPD). The
police training programs to be undergone by the joining MNLF elements
shall be as prescribed by existing laws and rules and regulations, and
shall be conducted by the PNP.
c. The concerned of officials of the Council (e.g. the Chairman and his
Deputies) shall be provided security and protective assistance by the
national government, the security situation warrants and as part of confidence-building
measures. An AFP/PNP security detail shall be immediately and particularly
assigned lo the Council. This special APP/PNP security detail shall be
composed of former MNLF regulars who shall have been granted AFP or PNP
appointments and duly integrated into the AFP or PNP. This security detail
shall be of appropriate size in accordance with the needs of the situation,
without prejudice to augmentation by regular AFP or PNP units as the need
arises and in coordination with the AFP and PNP commanders concerned.
This security detail which shall not be utilized for law enforcement,
but solely for [he security and protection of SPCPD officials concerned,
shall conduct themselves in accordance with existing policies and regulations
in order to prevent undue alarm to the population during movements of
concerned officials.
d. To have good coordination between the AFP and PNP on the one hand and
the SPCPD on the other, a liaison system will be set up composed of the
AFP, PNP and SPCPD senior officials.
20. The joining of the MNLF forces with the Armed Forces of the
Philippines (AFP):
a. Five thousand seven hundred fifty (5,750) MNLF members shall be integrated
into the Armed forces of the Philippines (AFP), 250 of whom shall be absorbed
into the auxiliary services. The government shall exert utmost efforts
to establish the necessary conditions that would ensure the eventual integration
of the maximum number of the remaining MNLP forces into the Special Regional
Security Force (SRSF) and other agencies and instrumentalities of the
government There shall be a special socio-economic, cultural and educational
program to cater to MNLF forces not absorbed into the AFP PNP and the
SRSF to prepare them and their families for productive endeavors, provide
for educational, technical skills and livelihood training and give them
priority for hiring in development projects.
b. In the beginning, the MNLF forces will join as units distinct from
AFP units. They will be initially organized into separate units within
a transition period, until such time that mutual confidence is developed
as the members of these separate-units will be gradually integrated into
regular AFP units deployed in the area of autonomy. Subjects to existing
laws, policies, rules and regulations, and approbate authorities shall
waive the requirements and qualifications for entry of MNLF forces into
the AFP.
c. One from among the MNLF will assume the functions and responsibilities
of a Deputy Commander of the Southern Command. AFP, for separate units
that will be organized out of the MNLF forces joining the AFP. The Deputy
Commander will assist the Commander of the Southern Command. AFP in the
command, administration and control of such separate units throughout
the aforementioned transition period. The Deputy Commander will he given
an appointment commensurate to his position and shall be addressed as
such.
d. The government recognizer the skills, capabilities and achievements
of the MNLP and its capacity to develop its members for the highest echelons
of military and civilian leadership. The ranks and grades of MNLF forces
joining the AFP shall be subject to the decision of the President in his
capacity as Commander-in-Chief of the AFP along the principles of universality,
non-discrimination, equity and preferential treatment for the poor and
underprivileged.
d. The government shall take affirmative measures to continually improve
the capabilities of those MNLF forces joining the AFP to enhance their
opportunities for professional advancement in the military service. It
shall undertake initiatives to provide professional training and military
schooling in foreign countries to former MNLF members absorbed into the
AFP in consonance with the education and training programmes with the
AFP.
f. All other matters regarding the joining of MNLF forces into the AFP
not expressly covered by this agreement shall be prescribed by the President
in his capacity as the Commander-in-Chief of the APP.
III. THE NEW REGIONAL AUTONOMOUS GOVERNMENT (PHASE-2)
The following provisions shall be implemented after a law amending or
repeating the Organic Act of ARMM shall have been enacted by Congress
and approved by the people in the concerned areas in a plebiscite therefore.
Accordingly, these provisions shall be recommended by the GRP to Congress
for incorporation in the amendatory or repealing law.
A. EXECUTIVE COUNCIL, LEGISLATIVE ASSEMBLY, ADMINISTRATIVE SYSTEM AND
REPRESENTATION IN THE NATIONAL GOVERNMENT.
EXECUTIVE COUNCIL
21. Executive power shall be vested in tile Head of the regular
Autonomous Government duly elected at large by direct vow of the people
of the Autonomous Region. There shall also be a Vice-Head of the Regional
Autonomous Government also elected in the same manner. The Head of the
Regional Autonomous Government may appoint three (3) Deputies. The Head,
the Vice-Head and the three (3) Deputies shall comprise the Executive
Council of the area of Autonomy.
22. The President shall exercise general supervision over the Regional
Autonomous Government and all local government units in the area of Autonomy
through the Head of the Regional Autonomous Government to ensure that
laws are faithfully executed.
The Head of the Autonomous Government shall exercise general supervision
over all local government units in the area of autonomy to ensure that
national and regional laws are faithfully executed, and see to it that
they act within their assigned powers and functions.
LEGISLATIVE ASSEMBLY
23. Legislative power shall be vested in the Regional Legislative
Assembly.
24. The Legislative Assembly shall be composed of members elected
by popular vote, with three (3) members elected from each of the Congressional
Districts.
25. There shall be sectoral representatives in the Legislative Assembly
whose number shall not exceed fifteen percent (15%) of the total number
of elected Members of the Legislative Assembly coming from the labor,
disabled, industrial, indigenous cultural communities, youth, women, non-government
organizations, agricultural, and such other sectors as may be provided
by Regional Law to be appointed by the Head of the Autonomous Government
from among the nominees of the different Sectoral groups; provided, however,
that the youth representative shall not be less than 18 years of age nor
more than 21 years of age at the lime of his appointment.
26. The people's initiative, by way a plebiscite or referendum,
is recognized.
27. The Regional Legislative Assembly shall exercise legislative
power for application in the area of autonomy except on the following
matters, to wit:
a. Foreign Affair's;
b. National Defense and Security:
c. Postal Service
d. Coinage. Fiscal and Monetary Policies,
e. Administration of Justice except on matters pertaining to Shariah;
f. Quarantine;
g. Customs and Tariff;
h. Citizenship;
i. Naturalization Immigration and Deportation;
J. General Auditing, Civil Service and Elections;
k. Foreign Trade;
1. Maritime, Land and Air Transportation and Communications that affect
areas outside the autonomous region: and
m. Patents. Trademarks, Tradenames and Copyrights.
28. The Legislative Assembly may create, divide, merge, abolish
or substantially alter boundaries of local government units in the area
of autonomy in accordance with the criteria laid down by law subject to
approval by a majority of the voles cast in a plebiscite called for the
purpose in the political units affected. It may also change the names
of such local government units, public places and institutions.
29. Any member of the Legislative Assembly who accepts an appointment
and qualifies for any position in the Government, including government-owned-and/or
controlled corporations or institutions and their subsidiaries, shall
automatically forfeit his seat in the Legislative Assembly.
30. No member of the Legislative Assembly may personally appear
as counsel before courts of justice or quasi-judicial and other administrative
bodies. Neither shall he, directly or indirectly, be interested financially
in any contract with or in any franchise or privilege granted by, the
government, or any subdivision, agency or instrumentality thereof, including
any government-owned-and/or-controlled corporation or its subsidiary,
during his term of office. He shall not intervene in any matter before
any office of the government for his pecuniary benefit or where he may
be called upon to act on account of his office.
31. In case of vacancy in the Legislative Assembly occurring at
least one year before the expiration of the term of office, a special
election shall be called to fill the vacancy in the manner prescribed
by law; provided, that the member elected shall serve for the unexpired
term.
32 The Legislative Assembly shall elect from among its member a
Speaker and such other officers as the rules may provide. The speaker
shall appoint the personnel of the administrative organization of the
Legislative Assembly.
33. The powers, functions, responsibilities and structure of the
different Departments, agencies, bureaus, offices and instrumentalities
of the regional government including regional government-owned-and controlled
corporations in the areas of the autonomy shall be prescribed and defined
by the Regional Legislative Assembly.
34. No person shall be elected member of the Legislative Assembly, unless
he/she is:
a. A natural-born citizen of the Philippines;
b. At least 21 years of age on the day of election;
c. Able lo read and write;
d. A registered voter of the district in which he/she shall be elected
on the day he/she files his/her certificate of candidacy; and
c. A resident thereof for a period of no less than five years immediately
preceding the day of election.
35. Every member of the Legislative Assembly shall take an oath or affirmation
of allegiance to the Republic of the Philippines before taking his/her
seat.
36. The Legislative Assembly shall adopt its own rules of procedure
by a majority vote of all its Members including the selection of members
of its standing communities and the suspension or expulsion of its Members.
37. A Majority of all the Members of the Assembly shall constitute
a quorum to do business, but & smaller number may adjourn from day-to-day
and may compel the attendance of absent members in such manner, and under
such penalties, as the Assembly may provide.
38. The Legislative Assembly or any of its committees may conduct
inquiries or public consultations in aid of legislation in accordance
of its rules. The rights of persons appearing in or affected by such inquiries
shall be respected.
39. The Legislative Assembly shall keep a journal of its proceedings
and a record of its caucuses and meetings. The records and books of account
of the Assembly shall be preserved and be open to public scrutiny. The
Commission on Audit shall publish an annual report of the itemized list
of expenditures incurred by the Members of the Assembly within sixty (60)
days from the end of every regular session.
40. The Speaker of the Legislative Assembly shall, within, ten working
days from approval thereof, submit to the President and to both Houses
of Congress a certified true copy of all laws and resolutions approved
by the Legislative Assembly.
41. No member shall be questioned or held liable in any other place
for any speech or debate in the Assembly or in any committee thereof.
42. The Chief Executive of the Autonomous Government shall approve
the budget of the Autonomous Region, if, by the end of any fiscal year
the Legislative Assembly shall have failed to pass the regional appropriation
a bill for the ensuing fiscal year, the regional Appropriations Act for
the preceding fiscal year shall be deemed automatically re-enacted and
shall remain in Force and effect until the regional appropriations bill
is passed by the Legislative Assembly.
43. No provision or enactment shall he embraced in the regional
appropriations bill unless it relates specifically to some particular
appropriation therein. Any such provision or enactment shall be limited
in its operation to the appropriation to which it relates
44. The procedure in approving appropriations for the Legislative
Assembly shall strictly follow the procedure for approving appropriations
for other departments and agencies of the Regional Government.
45. A special appropriations bill shall specify the purpose for
which it is intended, and shall be supported by funds actually available
as certified by the Regional Treasurer, or to be raised by a corresponding
revenue proposal therein.
46. Discretionary funds appropriated for particular offices shall
he disbursed only for public purposes to be supported by appropriate vouchers
and subject to such guidelines as may be prescribed by regional law.
47. All money collected on any regional tax levied for a special
purpose shall be treated as a special fund and paid out for such special
purpose only. If the purpose for which a special fund was created has
been fulfilled or abandoned, the balance, if any, shall accrue to the
general funds of the regional government.
48. Trust funds shall only be paid out of the regional treasury
upon fulfillment of the specific purpose for which said funds were created
or received.
49. Except as provided by its rules, the Legislative Assembly shall
meet in open session. Regular session shall commence on the 4th Monday
of April and shall continue to be in session for such member of days as
may be determined by the Assembly until thirty (30) days before the opening
of its next regular session.
50. The Legislative Assembly shall meet in special sessions at the
request of one-third (1/3) of all its Member or by call of the Chief Executive.
Such special sessions must be convened with specific agenda.
51. No bill shall become a law unless it has passed three (3) readings
on separate days and printed copies thereof in its final form have been
distributed to its members three (3) days before its passage, except when
the Chief Executive certifies to the necessity of its immediate enactment
to meet a public calamity or emergency.
52. Every bill passed by the Legislative Assembly shall, before
it becomes a law, be presented to the Chief Executive. If he approves
the game, he shall sign it; otherwise, he shall veto it and return it
with his objections to the Legislative Assembly, which shall enter the
objections at large in its journal and proceed to consider it. If, after
such reconsideration. two-thirds (2/3) of all the Members of the Legislative
Assembly shall agree to pass the bill, it shall become a law. In all such
cases, the veto shall be determined by yeas and nays, and the names of
the members voting for or against shall be entered in the journal. The
Chief Executive shall communicate his veto of any bill to the Legislative
Assembly with in thirty (30) days after the receipt thereof; otherwise,
it shall become a law as if he had signed it.
53. The Legislative Assembly may request the presence of
the Chief Executive, Vive-Chief Executive, Cabinet members or their deputies,
as the rules shall provide, for questioning on manners falling within
the scope of their assigned powers and functions.
54. Subject to the rules of the Legislative Assembly, the
legislative power to inquire on matters relating to the exercise of administrative
functions by an agency of government within the Autonomous Region shall
be in the form of written questions.
55. The Chief Executive shall submit to the Legislative Assembly
not later than two (2) months before the beginning of every regular session,
as the basis of the regional appropriations bill, a budget of expenditures
and sources of financing, including receipts from existing and proposed
revenue measures.
56. The fiscal year of the Autonomous Region shall cover the period
January 1 to December 31 of the same year.
57. The Legislative Assembly may not increase the appropriations
recommended by the Chief Executive for the operation of the Autonomous
Government as specified in the budget The form, content and manner of
preparation of the budget shall be prescribed by regional law, provided,
however, that pending the enactment of such regional law, the budgeting
process shall be governed by existing national laws and rules and regulations
prescribed by the Department of Budget and Management.
58. The Chief Executive shall have the power lo veto any particular
item or items in an appropriation or revenue bill, but the veto shall
not affect the item or items to which he does not object. The veto may
be reconsidered by the Assembly by a vote of two-thirds (2/3) of all its
members.
59. The financial accounts of the expenditures and revenues of the
Autonomous Region shall he audited by the Commission on Audit.
60. No money shall be paid out of the Regional Treasury except in
pursuance of an appropriation made by regional law.
61. No regional law shall be passed authorizing any transfer of
appropriations; however, the Chief Executive, the Speaker of the Assembly,
and the Presiding Justice of the highest Shariah Court may, by law, be
authorized to augment any item in the Regional General Appropriations
Law for their respective offices from savings in other items of their
respective appropriations.
ADMINISTRATIVE SYSTEM
62. The Regional Autonomous Government shall have the power to enact its
own Regional Administrative Code and Regional Local Government Code consistent
with national laws and the Constitution provided that it shall not in
any way diminish the powers and functions already enjoyed by Local Governments
Units.
RIGHT OF REPRESENTATTON AND PARTICIPATION IN THE NATIONAL GOVERNMENT AND
IN ALL ORGANS OF THE STATE.
General Principles:
63. Representation in the National Government by the inhabitants
of the autonomous region may be effected through appointment or electrons
and must be subject to standards and guidelines prescribed for the position.
When representation is done by appointment. The inhabitants of the Autonomous
Region will be appointed by the resident of the Philippines to herein
specified positions which are policy determining, highly technical, primarily
confidential and supervisory upon recommendation by the Head of the Autonomous
Government.
64. Right of representation shall not be construed in such a way
that applicant from the Autonomous Region, especially Muslims and Cultural
Communities, for lower positions in the above organs of the government
cannot be appointed anymore thereto.
Manner of Representation and participation
Executive
65. It shall be the policy of the National Government that there
shall be at least one (1) member of the Cabinet (with the rank of Department
Secretary) who is an inhabitant of the Autonomous Region ? be recommended
by the Head Of the Autonomous Government.
66. It shall likewise be a policy that there shall be at least
one (1) official in each of the departments and the constitutional bodies
of the national government who shall be appointed in executive, primarily
confidential, highly technical or policy determining positions, from among
the inhabitants of the Autonomous Region upon recommendations by the Head
of the Regional Government. The Head of the Autonomous Government shall
participate as ex-officio member of the National Security Council on all
matters concerning the Autonomous Region and such other matters as may
be determined by the President.
67. Government-Owned and Controlled Corporations (GOCCs) or institutions
and their subsidiaries in the area of autonomy:
Where Government -Owned and Controlled Corporations (GOCCs) are operating
mainly or with a subsidiary in the area of autonomy, as a policy, the
Regional Autonomous Government shall he given some representation in the
Board of Directors or in the policy-making body of said GOCCs or their
subsidiaries consistent with their respective charters.
Legislative
68. It shall be the policy of the National Government that the Regional
Autonomous Government shall have one (1) representative Congress as Sectoral
Representative. This is aside from the representative/congressmen elected
from the congressional districts located m the autonomous region.
Judicial
69. It shall be a policy of the national government that at lease
one (1) justice in the Supreme Court and at least (2) in the Court of
Appeals shall come from the autonomous Region. For this purpose, the Head
of the Autonomous Government may submit the names of his recommendees
to the Judicial and Bar Council for consideration. This is without prejudice
to the appointment of qualified inhabitants of the Autonomous Region to
other positions in the judiciary in accordance with their merits and qualifications.
70. The GRP shall endeavor to cause the appointment, as a member
of the Judicial and Bar Council, a qualified person to be recommended
by the Head of the Regional Autonomous Government.
71. The GRP shall request the Supreme Court to create the Office
of the Deputy Court Administration for the Area of Autonomy, and to appoint
thereto a qualified person recommend by the Head of the Regional Autonomous
Government.
Civil Service Eligibilities
72. The civil service eligibility requirements for appointment to
government position shall be applicable in the Autonomous Government As
necessary, the Civil Service Commission shall hold special civil service
examinations in the region to further increase the number of eligible
therein. For a period not longer than five (5) years from the establishment
of the Regional Autonomous Government, the GRP will endeavor to provide
for appropriate civil service eligibility to applicants in the Autonomous
Region, provided, the minimum educational qualifications for the position
are met.
B. THE ESTABLISHMENT OF THE SPECIAL REGIONAL SECURITY FORCES FOR
THE AUTONOMOUS REGION (PHASE-2 OF THE IMPLEMENTATION OF THE TRIPOLI AGREEMENT)
General Principles
73. When the new regular Autonomous Regional Government shall have been
established, there shall be created or constituted a PNP Regional Command
for the new Autonomous Region, which shall be the Special Regional Security
forces (SRSP) as referred to in Paragraph 8. Article III of the Tripoli
Agreement.
74. The Regional Legislative Assembly may enact laws governing the
PNP Regional Command for the Autonomous Region/SRSF consistent with the
constitutional provision that there shall be one police force in the country
which is national in scope and civilian in character.
75. The PNP Regional Command for the-Autonomous Region/SRSPP shall be
composed of the existing PNP units in the area of autonomy, the MNLF elements
and other residents of the area who may later on be recruited into the
force.
76. The powers and functions of the PNP Regional Command for the
Autonomous Region/SRSP, which shall be exercised within the territories
covered by the Regional Autonomous Government (RAG), shall be the following:
a. Enforce all laws and ordinances relative to the protection
of lives and properties;
b. Maintain peace and order and take all necessary steps to ensure
public safely;
c. Investigate and prevent crimes, effect the arrest of criminal
offenders, bring offenders to justice and assist in their prosecution;
d. Exercise the general powers to make arrest, search and seizure
in accordance with the Constitution and pertinent laws;
c. Detain and arrest person for a period not beyond what is prescribed
by law, informing the person so detained of all his rights under the Constitution
and observing the inherent human rights of the citizens; and
f. Perform such other duties and exercise all other function
as may be provided by law.
77. The PNP Regional Command for the Autonomous Region/SRSF shall
be charged with the maintenance and preservation of peace, law and order,
and protection of life, liberty and property in the region in consonance
with the Constitution.
Organization of the PNP Regional Command for Autonomous Region/SRSF
78. It shall he civilian in nature or character.
79. It shall be regional in scope of operations.
80. It shall be beaded by a Regional Director who shall be assisted
by two (1) Deputies, oaf (1) for Administration and one (I) for Operations.
81. It shall have regional, provincial, and city or municipal offices.
82. At the provincial level, there shall be a provincial office,
headed by a Provincial Director.
83. At the city or municipal level, there shall be an office/station,
which shall be headed by a Chief of Police.
Powers of the Head of the Regional Autonomous Government over the PNP
Regional Command for the Autonomous Region/SRSF.
84. Act as the Deputy of the National Police Commission (NAPOLCOM)
in the region and shall be the ex-officio Chairman of the Regional Police
Commission (REPOLCOM).
85. Exercise operational control and general supervision and disciplinary
powers.
86. Employ/deploy the elements of the Regional Command through the
Regional Director.
87. Assign/reassign officers and other personnel through the Regional
Director.
88. Recommend to the President the appointment of the Regional Director
and his two (2) Deputies.
89. Oversee the preparation and implementation of the integrated
regional public safety plan.
90. Impose, after due notice and summary hearings of citizen's complaints,
administrative penalties on personnel of the Regional Command except Presidential
Appointees.
Creation of the Regional Police Commission
91. There shall be created a Regional Police Commission (REPOLCOM)
by the Regional Legislative Assembly consistent with the Constitution.
92. The REPOLCOM shall be under the supervision of the NAPOLCOM.
93. The Chairman of REPOLCOM shall be an ex-officio Commissioner of the
NAPOLCOM.
C. EDUCATION
The Integrated System of Education
94. The Regional Autonomous Government shall have an education component
comprising of existing schools, colleges and universities in the present
area at autonomy and such other schools and institutions in the future
expanded area of autonomy, with the possible inclusion of state universities
and colleges (SUCs) to be decided later on. The relationship of the Regional
Autonomous Government educational body with the national educational system
shall be that of a system and sub-system with emphasis on the autonomy
of the sub-system. In the event that SUCs should be included as part of
the educational component of the Regional Autonomous Government, the autonomous
government recognizes the fiscal autonomy and academic freedom of the
SUCs as mandated by their respective charters.
95. The Regional Autonomous Government educational system shall,
among others, perpetuates Filipino and Islamic ideals and aspirations,
Islamic values and orientations of the Bangsamoro people. It shall develop
the total spiritual, intellectual, social, cultural, scientific and physical
aspects of the Bangsamoro people to make them God-fearing, productive,
patriotic citizens, conscious of their Filipino and Islamic values and
Islamic cultural heritage under the aegis of a just and equitable society.
The Structure of Educational System
96. The elementary level shall follow the basic national structure and
shall primarily be concerned with providing basic education; the secondary
level will correspond to four (4) years of high school, and the tertiary
level shall be one year to three (3) years for non-degree courses and
four (4) to eight (8) years for degree courses, as the case maybe in accordance
with existing laws.
Curriculum
97. The Regional Autonomous Government educational system will adopt
the basic core courses for all Filipino children as well as the minimum
required learning and orientations provided by the national government,
including the subject areas and their daily time allotment. Teaching materials
and curriculum contents shall promote solidarity, unity in diversity,
Filipino and Islamic values.
98. The addition of more required learning and instructional materials
shall be the prerogative and responsibility of the Autonomous Government.
99. The minimum requirements and standards prescribed by Department
of Education Culture and Sports (DECS), Commission on Higher Education
(CHED) and Technical Education and Skills Development Authority (TESDA)
will be followed by the Autonomous Region.
100. The same textbooks of the National Government will be used by
schools in the Autonomous Region. The formulation, shaping and revision
of textbooks are the responsibilities of the Regional Autonomous Government
and the National Government and within agreed norms, academic freedom
and relevant legal limits, the formulation and revisions shall emphasize
Islamic values or orientation, in addition to Filipino values which include
Christian values and values of indigenous people, modern sciences and
technology as well as the latest educational thrusts. Having adopted the
core curriculum of the national government in consideration of achieving
the highest quality of education, student and graduates of the education
system of the Autonomous Region shall be fully accredited when they transfer
to non-autonomous regions.
101. The integration of Islamic values in the curriculum should be
done gradually after researches and studies are conducted.
102. The teaching of Islamic values, as well as Filipino values, shall
be incorporated in Good Manners and Right Conduct in appropriate grade
levels including the tertiary level subject to agreed norms, academic
freedom, and legal limitations.
103. Muslim culture, mores, customs and traditions which are mainly
based on Islam, as well as the cultures, mores, customs, and traditions
of Christians and indigenous people, shall be preserved through the regular
public and special schools in the Autonomous Region, considering that
schools are perpetuating vehicles of the values of the people.
Administration of Educational System
104. The management and control, and supervision of the entire education
system in the area of autonomy shall be the primary concern of the Regional
Autonomous Government, consistent with the declared policies of national
educational bodies. The national education bodies shall monitor compliance
by the regional educational system with national educational policies,
standards and regulations in collaboration with the educational authorities
of the autonomous region. The head of the educational system of the Regional
Autonomous Government shall have the right to participate in policy and
decision-making activities of the national educational bodies.
105. The Regional Autonomous Government shaft be represented in the
Board of SUCs in the region as co-chairman or at least, co-vice-chairman,
as may be provided by law. Appointment to SUC Boards shall be made by
the President of the Philippines.
106. The Regional Autonomous Government will be responsible for specific
administrative, management functions and powers, educational supervision
and school administration, and regulation over private schools.
117. The Organizational structure of the educational system in the
autonomous region shall follow the basic structure of the national educational
system. The Regional Legislative Assembly may add special structures,
if necessary. It shall follow whatever organizations of the curricular
years as found in the national set-up.
108. Locally funded programs will be the responsibility of the Regional
Autonomous Government.
109. The selection, requirement appointment and promotion of teachers
and employees shall be responsibility of the Regional Autonomous Government
in accordance with general qualification standard prescribed by the Civil
Service Commission (CSC) provided that the Regional Autonomous Government
can initiate regionally-defined standards which are not below national
standards.
110. The selection, requirement, appointment and promotion of elementary,
secondary and tertiary education employees shall be the responsibility
of the Regional Autonomous Government in accordance with general standards
of the Civil Service Commission (CSC) and other existing recognized bodies.
111. Primary disciplinary authority over officials and employees of
the Regional Autonomous Government will be the area of concern of the
Regional Autonomous Government in accordance with Civil Service Commission
(CSC) rules and regulations. Administrative sanctions deemed appropriate
and reasonable as determined by the Civil Service Commission will he the
area of concern of the Regional Autonomous Government.
Religious Instruction
112. Religious instruction in public schools should be optional, with
the written consent of the parent/guardian, taught by the authorities
of the religion to which the student belongs, and should not involve additional
costs to the government in accordance with national policies.
Medium of Instruction
113. Filipino and English shall be the medium of instruction in the
areas of the Autonomy; provided that Arabic shall be an auxiliary medium
of instruction.
114. Regional languages may be used as auxiliary official languages
in the region as well as auxiliary medium of instruction and communication.
115. Arabic shall be recognized as a medium of instruction in Madaris
(schools) and other Islamic institutions.
116. Arabic shall be taught as a subject in all appropriate grade
levels as presently required in the existing laws for Muslims, and optional,
tot non-Muslims.
Madrasah Education
117. Existing Madaris, including Madaris Ulya shall be included under
the Regional Autonomous Government educational system as presently organized
in the area of autonomy.
118. Madaris teachers shall receive compensation out of the funds
of the Regional Autonomous Government provided they are employed in the
public schools.
Non-formal and Specialized Education
119. The Regional Autonomous Government educational system shall develop
the full potentials of its human resources, respond positively to chaining
needs and conditions and needs of the environment, and institutionalize
non-formal education.
120. The educational system shall respond positively and effectively
to the changing needs and conditions of the times as well as regional
and national needs of the environmental through the proper use of the
latest educational technology, development, planning, monitoring, evaluation,
and appropriate and timely educational intervention as well as linkages
with national and international institutions.
121. The Regional Autonomous Government educational system shall institutionalize
non-formal education in scope and methodology, to include literacy, numeracy
and intensive skills training of the youth and adult, to allow them to
participate actively and productively in the mainstream of regional and
national life.
Scholarship Grant and Assistance
122. Universities and colleges in the areas of autonomy may seek and
receive overseas donations for educational purposes.
123. The Regional Autonomous Government educational system will handle,
by administrative arrangement with the national DECS, CHED, and TESDA
scholarship programs, both local and foreign, including those provided
by the autonomous region pursuant to the provision of existing laws.
124. Disadvantage but deserving students will be given financial assistance
by the Regional Autonomous Government out of funds given by the national
government for the purpose and from other sources of funds.
Funds for Education:
125. Funds for education constituting the share of the Regional Autonomous
Government as contained in the General Appropriation Act should be given
directly to the Autonomous Government.
D. THE ECONOMIC AND FINANCIAL SYSTEM, MINES AND MINERALS
126. The Regional Autonomous Government in the area of autonomy shall
establish its own Regional Economic and Development Planning Board chaired
by the Head of Government in the area of autonomy. The Board shall prepare
the economic development plans and programs of the Autonomous Government.
127. The pivotal role of the banks and other financial institutions
for development in the area of autonomy is recognized.
128. The Regional Autonomous Government in the area of autonomy has
the power to promote tourism as a positive instrument for development
provided that the diverse cultural heritage, moral and spiritual values
of the people in the area of autonomy shall be strengthened and respected.
129. The Regional Autonomous Government in the area of autonomy shall
have the power to grant incentives including tax holidays within the power
and resources in the area of autonomy.
130. The Regional Autonomous Government is the area of autonomy advocates
equal opportunities for all the inhabitants of the area of autonomy regardless
of ethnic origin, culture, sex, creed and religion.
131. In enacting tax measures, the Regional Legislative Assembly shall
observe the principle of uniformity and equity in taxation and shall not
impose confiscatory taxes or fees of any kind.
132. The Regional Autonomous Government in the area of autonomy shall
have the power to enact a Regional Tax Code and a regional Local Tax Code
applicable to all local government units within the area of autonomy.
133. All corporations, partnerships or business entities directly
engaged in business in the area of autonomy shall pay their corresponding
taxes, fees, and charges in the province, city or municipality in the
area of autonomy where the establishment is doing business.
134. All corporations, partnerships, or business entities whose head
of offices are located outside the area of autonomy, but doing business
within its territorial jurisdiction, either by using, exploiting, and
utilizing the land. Aquatic and all natural resources therein, shall pay
their income taxes corresponding to their income realized from their business
operation in the area of autonomy through the province, city or municipality
where their branch offices are located. In case the business establishment
has no branch in the area of autonomy, such business establishment shall
pay through the city or municipality where its operation is located.
135. The Regional Autonomous Government in the area of autonomy as
a corporate body may contract domestic loans.
136. The Regional Autonomous Government recognizes the pivotal role
played by banks and other financial institutions in the economic development
of the area of autonomy. Toward this end, the Autonomous Government shall:
a. Encourage the establishment of banks and bank branches in the area
of autonomy;
b. Encourage the entry and establishment of off-shore banking unit of
foreign banks in the area of autonomy.
137. The Regional Autonomous Government may accept foreign financial
and economic grant for the development and welfare of the people in the
region.
138. The Regional Autonomous Government may issue its own treasury
bills, bonds, promissory notes, and other debt papers in consultation
and coordination with the Bangko Sentral ng Pilipinas.
139. The Regional Autonomous Government may contract foreign loans
within the purview of national laws and pertinent monetary and fiscal
policies.
140. In the pursuit of the region's economic growth, development and
welfare the autonomous government shall have the right to formulate economic
and financial policies and implement economic and financial programs,
taking into account national laws and policies.
141. The Regional Autonomous Government in the area of autonomy shall
encourage, promote and support the establishment of economic zones, industrial
centers and ports in strategic area and growth centers to attract local
and foreign investments and business enterprise.
142. The Regional Autonomous Government in the area of autonomy shall
undertake, encourage, promote and support the establishment of economic
zones and industrial centers. And, in order to attract local and foreign
investments within the area of the zones and outside but within the area
of autonomy, the government in the area of autonomy may grant incentives
to investors as may be defined in an Autonomous Investment Act to be formulated
by the Regional Legislative Assembly within one year from its organization.
143. The resident in the area of autonomy shall have preferential
rights over the exploration, development and utilization of natural resources
in the area of autonomy respecting existing rights on the exploitation,
exploration, development and utilization of natural resources.
144. The Regional Autonomous Government in the area of autonomy shall
enjoy fiscal autonomy in budgeting its own revenue resources and block
subsides granted to it by the National Government and foreign donors.
Budgeting includes planning, programming and disbursing of funds.
145. The National Government shall appropriate for the of autonomy
a sufficient amount and for a period (both to be determined later) for
infrastructure projects which shall be based on a development plan duly
approved by the Regional Autonomous Government taking into account national
policies.
146. Except strategic minerals, which will be defined later, the control
and supervision over the exploration, exploitation, development, utilization
and protection of mines and minerals in the area of autonomy shall be
vested in the Regional Autonomous Government.
147. In the regulation of the exploration, utilization, development,
protection of the natural resources inclusive of mines and minerals. Except
strategic minerals, which will be defined later, the government in the
area of autonomy shall enact rules and regulation and shall impose regulatory
fees, taking into account national policies.
148. An Islamic Banking Unit shall be established in the Banko Sentral
ng Pilipinas which shall be staffed by qualified Islamic banking experts
nominated by the Governor of the Regional Autonomous Government. The Governor
of the Regional Autonomous Government shall nominate at least three (3)
qualified persons from the area of autonomy, from which nomination the
appointing authority shall appoint the Head of the Unit. The same procedure
shall be observed as regards the rest of the positions in the unit.
149. Bangko Sentral ng Pilipinas shall have a Regional Office with
full banking service in the capital of the government of the Autonomous
Government to respond to the growing needs of the banking community in
the area of autonomy which shall be established within one (1) year from
the establishment of the Autonomous Government. The Governor of the Autonomous
Government shall submit a list of qualified recommendees to the appointing
authority from which the staff of the regional office may be chosen: provided
that thaw staff who are now occupying and already appointed to positions
in the regional office an considered as recommended by the Governor of
the Regional Autonomous Government.
150. The Regional Autonomous Government shall establish a body in
the area of autonomy with the same powers as the Philippine Economic Zone
Authority (PEZA) consistent with the Special Economic Zone Act of 1995.
151. All current year collections of Internal Revenue taxes within
the area of autonomy shall, for a period of five (5) years, be allotted
for the Regional Autonomous Government (RAG) in the Annual General Appropriations
Act; provided, that;
a. The Bureau on Internal Revenue (BIR) shall continue to collect
such taxes and the BIR Collection Districts/Offices concerned shall ream
such collections and remit the same to the RAG through an approved depository
bank within thirty (30) days from the end of each quarter of the current
year;
b. Out of said internal revenue tax collections, fifty percent (50%)
of the tax collected under section 100 (Value-added tax on sale of goods),
102 (Value-added tax on sale of services), 112 (Tax on persons exempt
from value-added tax), 113 (Hotel, motels and others), and 114 (Caterers)
of the National Internal Revenue Code (NIRC), as amended, in excess of
the increase in collections for the immediately preceding year shall be
shared by the RAG and-the local government units (LGUs) within the area
of autonomy as follows:
(1) Twenty percent (20%) shall accrue to the city or municipality where
such taxes are collected, and
(2) Eighty percent (80%) shall accrue to the RAG.
In all cases, the RAG shall remit to the LGUs their respective shares
within sixty (60) days from the end of each quarter of the current year.
Provided, however, that provinces, cities, municipalities and barangays
within the area of autonomy shall continue to receive their respective
shares in the Internal Revenue Allotment (IRA), as provided for in Section
284 of the Local Government Code of 1991.
Provided, finally, that the five-year (5) period herein above mentioned
may be extended upon mutual agreement of (be national and Regional Autonomous
Governments.
E. SHARI'AH AND JUDICIARY
152. The Regional Legislative Assembly of the area of autonomy shall
establish Shari'ah Courts in accordance with the existing laws.
F. TOTALITY CLAUSE
153. This Peace Agreement, which is the full implementation of the
1976 Tripoli Agreement, embodies and constitutes the totality of all the
agreements, to covenant and understandings between the GRP and the MNLF
respecting all the subject matters embodied herein. This Agreement supersedes
and modifies all agreements, consensus, covenants, documents and communications
not referred to or embodied in this Agreement or whose terms and conditions
are otherwise inconsistent herewith. Any conflict in the interpretation
of this Agreement shall be resolved in the light of the Philippine Constitution
and existing laws.
G. EFFECTIVITY CLAUSE
154. This Agreement shall take effect immediately upon the signing
hereof by the parties, unless otherwise provided herein.
Done in the City of Manila on the 2nd day of September 1996.
For the MNLF:
H.E. PROF. NUR MISUARI
Chairman of the MNLF Peace panel
For the GRP:
H.E. AMBASSADOR MANUEL T. YAN
Chairman of the GRP Peace Panel
With the participation of the OIC Ministerial Committee of the Six and
the Secretary-General of the OIC.
H.E. MR. ALI ALATAS
Minister for Foreign Affairs
Of the Republic of Indonesia
Chairman of the OIC Ministerial
Committee of the Six
H.E. DR. HAMID AL-GABID
Secretary-General of the OIC
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