From the Muslim Mindanao Autonomy Roundtable Discussion Series of the Institute for Autonomy and Governance (IAG), presentation by Atty. Rasol Mitmug | 18 June 2015, Committee Room 1 Senate of the Philippines

1. CONCEPTS &
FRAMEWORKS OF
PEACE BUILDING,
DECENTRALIZATION,
DEVOLUTION,
AUTONOMY AND INTER-
GOVERNMENTAL
RELATIONS – ARMM
EXPERIENCE
Rasol Y. Mitmug Jr.
Senate of the Philippines, June 18, 2015

2. TOPICS
 The Autonomous Region as a Peace Building
Mechanism
 Notes on Devolution and Decentralization
based on Jurisprudence of Autonomous
Regions
 Intergovernmental Relation
 Confusions & Gaps in RA 9054 (ARMM)

3. Autonomous Region as Peace
Building Mechanism
 PD 1618 - IMPLEMENTING THE ORGANIZATION OF THE
SANGGUNIANG PAMPOOK AND THE LUPONG
TAGAPAGPAGANAP NG POOK IN REGION IX AND
REGION XII AND FOR OTHER PURPOSES
 WHEREAS, the establishment of the Autonomous Regions will
enhance the attainment of peace and order, the
acceleration of socio-economic development, and the resettlement
of displaced persons and families in Region IX and XII; (emphasis
added)
 WHEREAS, consistent with the provisions of autonomy, it would
be desirable to effect the turnover of responsibility for undertaking
development activities particularly at the community level to the
Autonomous Regions; and
 WHEREAS, it is likewise consonant with the concept of autonomy
to grant such powers and authority to the Autonomous Regions as
would enable them to adopt and implement regional policies and
legislation which are germane to their particular needs and social
and cultural values.

4. Autonomous Region as Peace
Building Mechanism 1987
Constitution Disomangcop vs Datumanong GR No. 149848, November 25, 2004
 Plea of Commissioner Ponciano Bennagen - …They see regional autonomy as the
answer to their centuries struggle against oppression and exploitation. For
so long, their names and identities have been debated. Their ancestral lands have been ransacked for
their treasures, for their wealth. Their culture have been defiled, their very lives threatened, and worse,
extinguished, all in the name of national development; all in the name of public interest; all in the name
of common good; all in the name of the right to property; all in the name of Regalian Doctrine; all in the
name of national security. These phrases have meant nothing to our indigenous communities, except
for the violation of their human rights. … Honorable, Commissioners, we wish to impress
upon you the gravity of the decision to be made by every single one of us in this Commission. We
have the overwhelming support of the Bangsa Moro and the Cordillera Constitution. By this we mean
meaningful and authentic regional autonomy. We propose that we have a separate Article on the
autonomous regions for Bangsa Moro and Cordillera people clearly spelled out in this Constitution,
instead of prolonging the agony of their vigil and their struggle. This, too is a plea for national
peace. Let us not pass the buck to the Congress to decide on this. Let us
not wash our hands of our responsibility to attain national unity and
peace to settle this problem and rectify past injustice, once and for all. (III
Record of the Constitutional Commission, 171 - 172; 11 August 1986)
 MR. OPLE … We are writing a Constitution, of course, for generations to come, not only for the
present but for posterity. There is no harm in recognising certain vital pragmatic needs for
national peace and solidarity, and the writing of this Constitution just happens at a time
when it is possible for this Commission to help the cause of peace and reconciliation
in Mindanao and the Cordilleras, by taking advantage of a heaven-sent opportunity… (III
Record 534; 20 August 1986)

5. Notes on Devolution & Decentralization
based on Jurisprudence of Autonomous
Regions
 PD 1861 Autonomous Region
 Limbona vs Mangelin GR No. 80391 February 28,
1989
 Discussed Autonomy as Decentralization of
Administration or Decentralization of Power
 Noted that (1) the President shall have the power of
general supervision and control over the Autonomous
Regions and (2) the Sangguniang Pampook, their
legislative arm, is made to discharge chiefy
administrative service.
 Thus, there is no Decentralization of Power
 NOTE – No provision for Autonomous Regions in
1973 Constitution only for Local Government
Units.

6. Notes on Devolution and Decentralization
based on Jurisprudence of Autonomous
Regions
 Disomangcop vs Datumanong, GR 149848, 25 November 2004
 Cited Limbona vs Mangelin for discussion on Autonomy
 “A year later, in Cordillera Broad Coalition v Commission on Audit,
the Court, with the same composition, ruled without any dissent that the
creation of autonomous regions contemplates the
grant of political autonomy - an autonomy which is
greater than the administrative autonomy granted to
local government units. It held that “the constitutional guarantee
of local autonomy in the Constitution (Art X, Sec 2) refers to
administrative autonomy of local government units or, cast in more
technical language, the decentralisation of government authority… On
the Other hand, the creation of autonomous regions in
Muslim Mindanao and the Cordilleras, which is peculiar to the 1987
Constitution, contemplates the grant of political autonomy
and not just administrative autonomy to these
regions. (GR 79956 and 82217, 29 January 1990, 181 SCRA 495,
506; emphasis added)
 Difference of Local Government Unit to Autonomous Region

7. Notes on Devolution and Decentralization
based on Jurisprudence of Autonomous
Regions
 Disomangcop, further adds -
 To this end, Section 16 Article X limits the power of the
President over autonomous regions. In essence, the provision
curtails the power of Congress over autonomous
regions. Consequently, Congress will have to re-examine
national laws and make sure that they reflect the Constitution’s
adherence to local autonomy. And in case of conflicts, the
underlying spirit which should guide its resolution is the
Constitution’s desire for genuine local autonomy.
(Fr Bernas III Record 515; 19 August 1986)
 To diminution of Congress’ powers over
autonomous region was confirmed in Ganzon vs
Court of Appeals, where this Court held that “the omission
(of “as may be provided by law”) signifies nothing more than to
underscore local governments’ autonomy from Congress and to
break Congress and to break Congress ‘control’ over local
government affairs. (GR 93252, 93746, 95245, 5 August 1991,
200 SCRA 271, 281;empahsis)

8. Inter Governmental Relations
 Section 1. General Supervision of the President
 General Supervision over the Regional Governor to
ensure that his or her acts are within the scope of his
powers and functions
 Power of supervision of President over the Provincial
Governors and the Mayors of highly urbanized cities
shall be excersised through the Regional Governor
 Mayors through the Provincial Governor
 Punong Barangay through the Mayors
 May suspend the RG for a period not exceeding 6
months for willful violation of the Constitution, Organic
Act or any existing laws that applies to the
Autonomous Region.
 In effect

9. Inter-Governmental Relation
 Section 2. Cabinet Memberhip
 As far as practicable, it shall be the policy of the
national government that there shall at least 1
member of the cabinet with a rank of a
department secretary from the ARMM to be
recommended by the RG
 Not Mandatory
 Sec 3 Sharia and Tribal Courts; Coordination
with Central Government
 Not fully implemented
 Regional Assembly need to enact laws related to
these matters

10. Inter-Governmental Relation
 Sec 5. Representatives in Executive Departments
and Constitutional Bodies.
 At least one qualified inhabitant of the autonomous
region recommended by the RG in consultation with
the Regional Assembly and concerned sectors
 As far as practicable
 In each department, offices or bureaus and
constitutional bodies of the central government or
national government that deal with autonomous
region
 In Primarily confidential, highly techincial, or policy
determining positions.
 Not Mandatory
 Dependent on the President and the Secretaries

11. Inter-Governmental
 Sec 6 Ex Officio Members of the National Security
Council
 RG
 On matters concerning the region
 Such matters as may be determined by the President
 In effect
 Sec 7 Representative in Government Owned or
Controlled Corporations
 RG shall be represented in board of directors or policy
making bodies
 Operate directly or through subsidiaries in the Region.

12. InterGovernmental Relation
 The Provision that would have facilitated
relations and that the Autonomous Region will
not be left behind in decision making based on
National Departments, Agencies and
Institution are Not Mandatory
 Sec 2, 4, 5 and 7
 Thus often, the Autonomous Region is not
represented or have weak coordination with
bodies that affects the Region and the Nation
in General.
 Ex Philippine Coconut Authority & Cocolisap;
PhilVocs

13. Confusion and Gaps in RA 9054
(ARMM)
 Nature of the Autonomous Region
 Devolution
 Oversight Committee
 Missing Institutions
 Bureau of Local Government Finance
 Tax Collecting Institution
 Confusion
 MMA 25 and LGC 1991

14. Nature of Autonomy
 Kida vs Comelec GR No.
196271/196305/197221/197282/197392/1974
54, 28 February 2012
 “The inclusion of autonomous regions in the
enumeration of political subdivision of the State
under the heading “Local Government” indicate
quite clearly the constitutional intent to consider
autonomous regions as one of the forms of local
governments.”

15. Autonomous Region vs LGUs
 Muslim Mindanao, Cordillera
 1987 Constitution Article X
Autonomous Region
 General Supervision of the
President
 Territory + Culture, History,
Traditions; Peace
 Organic Act 6734, 9054
 Some Provisions can be
amended only after a majority
vote and a plebiscite (Kida)
 Legislative Body (Devolved
Power by 1987 Constitution –
Disomangcop)
 Province, Cities,
Municipalities, Barangays
 1987 Constitution Article X
General Provisions
 Territory
 Local Government Code of
1991
 Can be amended anytime
by Congress
 Legislative Bode (LGC
1991 provided for
devolution)
Autonomous Region Other Local Government Units

16. Difference with OtherAdministrative
Region
Develoopment
Authority
Other LGU Autonomous
Region
- Administration
- Not
Territorial/Political
- Mere Groupings of
Contiguous
Provinces for
Administrative
Purpose
Coordination,
Development,
Implementor
Political Unit
Legislation
Territory
Political Unit
Legislation
Cordillera
Administrative Region
EO 220, Negros
Administrative Region
MMDA Province,
Cities,
Municipalities,
Barangays
ARMM
Inherent Power of the
President
Republic Act Article X
Constitution,
LGC 1991
Article X
Constitution
Autonomous
Region; Organic
Act 6734 and RA
9054

17. Devolution – Oversight
Committee
 Article XVIII Section 3 Oversight Committee –
 Within one (1) month from the approval of this
Organic Act, an oversight committee composed of:
 (a) the Executive Secretary as chairman,
 (b) the Secretary of Budget and Management,
 (c) the Regional Governor of the autonomous Region,
 (d) the Speaker of the Regional Assembly,
 (e) the Chair of the Senate Committee on Local
Government,
 (f) one (1) other senator designated by the Senate
President
 (g) Chair of the House Committee on Local Government
 (h) one (1) representative representing a congressional
district in ARMM designated by the Speaker

18. Devolution – Oversight
Committee
 Purpose
 Supervise the transfer to the autonomous region
of such powers and functions vested in it by this
Organic Act, and the appropriations of the offices
or agencies, including the transfer of properties,
assets, and liabilities, and such personnel as may
be necessary;
 and of identifying the other line agencies and
government owned or controlled corporation that
may be absorbed by the Regional Government
and, with respect to the latter, also the terms and
condition of their turnover.

19. Missing Institutions
 Bureau of Local Government Finance
 No idea on what are the 20% Social Fund that
LGUs are supposed to Implement
 Taxation Mechanism in ARMM
 Collected First by Bureau of Internal Revenue of
other Regions. After it is collected it is
downloaded to ARMM.
 Delay
 Note – prior it was ARMM who collects and remit to
National Government their share.

20. Confusion
 Local Government Code in ARMM
 RA 6734 (November 19, 1989)
 Authorized to enact LGC
 Muslim Mindanao Act 25 – Local Government Code
(January 25, 1994)
 LGC 1991 (January 1, 1992)
 RA 9054 (Aug 14, 2001)
 Pandi vs Saber GR No. 116850, 11 April 2002
 LGC of 1991 incorporated in RA 9054
 Regional Assembly have their own but the standards must
not be below LGC of 1991.
 ARMM LGUs choose between MMA 25 and LGC
1991 specially when they deal with partners unfamiliar
with Pandi vs Saber Case