04/02/2020
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Nothing prevents Congress from amending or reenacting an Organic Act providing
for an autonomous region for Muslim Mindanao, even one that may seek to
accommodate the terms of the MOA-AD. Nonetheless, the paramount requirement
remains that any organic act providing for autonomy in Mindanao must be in
alignment with the Constitution and its parameters for regional autonomy.
The following provisions from Article X of the Constitution spell out the scope and
limitations for the autonomous regions in Mindanao and the Cordilleras:
Sec. 18. The Congress shall enact an organic act for each autonomous
region with the assistance and participation of the regional consultative
commission composed of representatives appointed by the President from
a list of nominees from multisectoral bodies. The organic act shall define
the basic structure of government for the region consisting of the
executive department and legislative assembly, both of which shall be
elective and representative of the constituent political units. The organic
acts shall likewise provide for special courts with personal, family, and
property law jurisdiction consistent with the provisions of this Constitution
and national laws.
The creation of the autonomous region shall be effective when approved
by majority o the votes cast by the constituent units in a plebiscite called
for the purpose, provided that only provinces, cities, and geographic
areas voting favorably in such plebiscite shall be included in the
autonomous region.
Sec. 20. Within its territorial and subject to the provisions of this
Constitution and national laws, the organic act of autonomous regions
shall provide for legislative powers over:
(1) Administrative organization;
(2) Creation of sources of revenues;
(3) Ancestral domain and natural resources;
(4) Personal, family, and property relations;
(5) Regional urban and rural planning development;
(6) Economic, social, and tourism development;
(7) Educational policies;
(8) Preservation and development of the cultural heritage; and
(9) Such other matters as may be authorized by law for the promotion of
the general welfare of the people of the region.
Sec. 21. The preservation of peace and order within the regions shall be
the responsibility of the local police agencies which shall be organized,
maintained, supervised, and utilized in accordance with applicable laws.
The defense and security of the regions shall be the responsibility of the
National Government.
The autonomous regional government to be established through the organic act
consists of the executive and legislative branches of government, both of which are
elective. With respect to the judicial branch, the Constitution authorizes the organic
acts to provide for special courts with jurisdiction limited over personal, family and
property law. The scope of legislative powers to be exercised by the autonomous
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