HB 4146 As Amended by the Senate

HB 4146 As Amended by the Senate

(AS AMENDED BY THE SENATE)

CONGRESS OF THE PHILIPPINES

FIFTEENTH CONGRESS

First Regular Session

HOUSE OF REPRESENTATIVES

H. No. 4146

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BY REPRESENTATIVES SEMA, BAG-AO, BELLO, ABAYA, TAÑADA, CLIMACO, ABAD, HATAMAN-SALLIMAN, SAHIDULLA, DIMAPORO (F), QUIBRANZA-DIMAPORO, BRAWNER BAGUILAT, UNABIA, BENALDO, FLORES, BELMONTE (V), BANAL, CERAFICA, JAVIER, APACIBLE, SACDALAN, FORTUNO, RAMOS, GONZALES, COLLANTES, OLIVAREZ, SARMIENTO (M.), TINGA, FERNANDEZ, ZAMORA-APSAY, LOYOLA, VELASCO, CABILAO YAMBAO,  GARBIN, PICHAY, SARMIENTO (C.), MALIKSI, HERRERA-DY, ALCALA, QUIMBO, CATAMCO, SINGSON (E),  DALOG, CASTELO, CUA, MENDOZA (J), CALIXTO-RUBIANO, ACOP, VILLARICA, DE VENECIA, COJUANGCO (K), ROBES, ARAGO, UMALI (R.), MIRAFLORES, ALVAREZ (M.), BAUTISTA, ANTONINO, SALVACION, BATOCABE, LIMKAICHONG, MATUGAS, CELESTE, LOPEZ (C.J.), BERNOS, JOSON, COSALAN, BIRON, BIAZON, TREÑAS, OCAMPOS, HARESCO, FARIÑAS, ABAYON, GOMEZ, GONZALES (N.), BATAOIL, LEONEN-PIZARRO AND CO

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AN ACT PROVIDING FOR THE SYNCHRONIZATION OF THE ELECTIONS [AND THE TERM OF OFFICE OF THE ELECTIVE OFFICIALS OF] IN THE AUTONOMOUS REGION IN MUSLIM MINDANAO (ARMM) WITH [THOSE OF] THE NATIONAL AND [OTHER] LOCAL [OFFICIALS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9333, ENTITLED “AN ACT FIXING THE DATE FOR REGULAR ELECTIONS FOR ELECTIVE OFFICIALS OF THE AUTONOMOUS REGION IN MUSLIM MINDANAO”], AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. DECLARATION OF POLICY.- IN ACCORDANCE WITH THE INTENT AND MANDATE OF THE CONSTITUTION AND REPUBLIC ACT NO. 7166, ENTITLED “AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL AND LOCAL ELECTIONS AND FOR ELECTORAL REFORMS, AUTHORIZING APPROPRIATIONS THEREFOR, AND FOR OTHER PURPOSES” IT IS HEREBY DECLARED THE POLICY OF THE STATE TO SYNCHRONIZE NATIONAL AND LOCAL ELECTIONS. PURSUANT THERETO, THE ELECTIONS IN THE AUTONOMOUS REGION IN MUSLIM MINDANAO (ARMM) IS HEREBY SYNCHRONIZED WITH THE NATIONAL AND LOCAL ELECTIONS AS HEREINAFTER PROVIDED.

SEC. 2 [TION 1.]Regular Elections. – [For purposes of synchronization of elections, which is envisioned by the 1987 Constitution,] {t]The regular elections for the Regional Governor, Regional Vice Governor and Members of the Regional Legislative Assembly of the Autonomous Region in Muslim Mindanao (ARMM) shall be held on the second (2nd) Monday of May 2013.   Succeeding regular elections shall be held on the same date every three (3) years thereafter.

[SEC. 2.  Terms of Office of Elective Regional Officials. – The term of office of the Regional Governor, Regional Vice Governor and Members of the Regional Legislative Assembly of the ARMM shall be for a period of three (3) years, which shall begin at noon on the thirtieth (30th) day of September next following the day of the election and shall end at noon of the same date three (3) years thereafter.]

[SEC. 3. - End of Term of Office of the Incumbent Elective Officials. – Pursuant to the three (3)-year term limit mandated by Section 8 of Article X of the 1987 Constitution, all incumbent elective officials of the ARMM elected in the second (2nd) regular election under Republic Act No. 9333 shall hold office only until noon of the thirtieth (30th) day of September 2011.]

SEC. 3.[4]- Appointment of Officers-in-Charge. – [For the transitory period which is necessitated by the synchronization of the ARMM elections with the regular elections in 2013, to avoid a vacancy that will be created when the term of office of the incumbent officers of the ARMM expires at noon of the thirtieth (30th) day of September 2011,] [1] The President [of the Republic of the Philippines] shall appoint officers-in-charge [who will take over the functions of the incumbent elective officials of the ARMM at the end of their term on noon of the thirtieth (30th) day of September 2011.] FOR THE OFFICE OF THE REGIONAL GOVERNOR, REGIONAL VICE GOVERNOR AND MEMBERS OF THE REGIONAL LEGISLATIVE ASSEMBLY WHO SHALL PERFORM THE FUNCTIONS PERTAINING TO THE SAID OFFICES UNTIL THE OFFICIALS DULY ELECTED IN THE MAY 2013 ELECTIONS SHALL HAVE QUALIFIED AND ASSUMES OFFICE.

SEC. 4. MANNER AND PROCEDURE OF APPOINTING OFFICERS-IN-CHARGE. – THERE SHALL BE CREATED A SCREENING COMMITTEE, WHOSE MEMBERS SHALL BE APPOINTED BY THE PRESIDENT, WHICH SHALL SCREEN AND RECOMMEND, IN CONSULTATION WITH THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE SENATE PRESIDENT, THE PERSONS WHO WILL BE APPOINTED AS OFFICERS-IN-CHARGE.

SEC 5. Qualifications. – No person shall be appointed officer-in-charge unless he or she complies with the qualifications for Regional Governor, Regional Vice Governor or Members of the Regional Legislative Assembly of the ARMM, as provided in REPUBLIC ACT NO. 6734, ENTITLED “AN ACT PROVIDING FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO.” AS AMENDED BY Republic Act No. 9054, entitled “An Act to Strengthen and Expand the Organic Act for the Autonomous Region in Muslim Mindanao, Amending for the Purpose Republic Act No. 6734 [, Entitled, ‘An Act Providing for the Autonomous Region in Muslim Mindanao’, As Amended”].

[SEC. 5. Ineligibility of Appointed Officers-in-Charge. – Appointed officers-in-charge referred to in Section 5 hereof shall be ineligible to run as candidates for elective positions in the next regular elections of the ARMM which shall be held on the second (2nd) Monday of May 2013.]

SEC. 6.[7] Study and Review of the Organic Act. – The appointed Members of the Regional Legislative Assembly of the ARMM shall conduct a study and review of Republic Act No. 9054 and submit recommendations to the Congress of the Philippines within six (6) months from their assumption into office.

SEC. 7.  SEPARABILITY CLAUSE. – IN THE EVENT ANY PART OR PROVISION OF THIS ACT IS HELD INVALID OR UNCONSTITUTIONAL, OTHER PROVISIONS NOT AFFECTED THEREBY SHALL REMAIN IN FORCE AND EFFECT.

SEC. 8.  Repealing Clause. – REPUBLIC ACT  NO. 9333 IS HEREBY REPEALED. All laws, decrees, orders, rules and regulations, and other issuances or parts thereof which are inconsistent with this Act are hereby repealed, amended or modified accordingly.

SEC. 9. Effectivity Clause – This Act shall take effect immediately upon the completion of its publication in TWO (2) [1] newspapers of general circulation.

Approved,

113th Philippine Independence, Dear Bangsamoro

June 12, 2011


Dear BangsaMoro,

Asalaamu alaikom!

While Philippines celebrates its 113th Independence Day today, I cannot help but be reminded of the nation that is under endless tyranny - the BangsaMoro. I am sharing to you this "must-read" book, Bangsamoro: A Nation Under Endless Tyranny. May each one of us take time to study and reflect on the history of Bangsamoro struggle so we will never get lost.

To the BangsaMoro, let us not be chained by history.. Rather, let history liberate us. The future is bright to those who believe. A positive outlook always works. Inshaallah.
We have been conditioned to believe that we cannot do it right. Mismanagement, war and bad governance are common among BM dominated areas, they say. Now instead of being angry or swayed by this, we should rather make our affairs better. We should always strive hard to please Allah (swt) in anyway and in every way that we can.



Let us avoid making excuses, the future is within our reach, inshaallah. We should be bold to accept that life is a continuing struggle and not until we go back to the basics of Islam, we can never find the way.


The Philippine government and foreign invasion are some things that "may" not within are our reach. I remember a lesson I learned in Psychology, "you may try to change the world but should things do not go your way, the only thing that you have in control of is your attitude." My point is that we should stop pointing our fingers to the so-called tyrants for the greatest tyrant of all is ourselves. Not until we liberate our minds and deeds, we will be getting the same thing.

"...the individual Moro or the entire population, with many exceptions, can be faulted also. They appear to have learned nothing and, by their misdeeds or omissions, they have excluded themselves from among what the Almighty has described as "the best of creations.... This traditional disposition and outlook that generally makes up the Moro psyche' or frame of mind has stunted development and brought negative consequences. Its acceptance seems so widespread that its beholders appear powerless to change in conformity with the demand of the modern age. These Moro should heed the injunction in the Holy Qur'an, which says: "God does not change the condition of a people unless they change what is in their hearts."

The Autonomous Region in Muslim Mindanao is a product of blood, sweat and tears of the BangsaMoro people. From the original 13 provinces and 9 cities of the Tripoli Agreement, ARMM only has 5 provinces and 1 city -- Basilan, Lanao del Sur, Maguindanao, Tawi-Tawi, Sulu and Marawi City. While there is still a cloud of doubt among some Moros, whether ARMM is the answer to the long-struggle, I believe it may be an answer if we give it a chance. A reformed and better ARMM may be a step towards the BM's aspiration, self-determination. 

Perhaps the confusion arise because of the clamor between religion and nation.   There are still those who believe that they are not Filipinos, that Bangsamoro is a separate nation. Up to date, there are still those who refuse to sing the National Anthem of the Philippines. A simple explanation is that this faction who refuse to be called Filipinos still bank on the history which was never made known to the majority. I am not in the position to expound on this but perhaps this book can.

There are still so many issues that need to be resolved among the Bangsamoro. Do we go back or do we move on? I say we embrace history, reflect on the teachings of the past and study what we can do today to make a difference. Collective small kind deeds can make a difference. 

Change is necessary. Why don't we start with the man in the mirror? 

Salam :)

With lots of love,

Khal