IN THE NAME OF GOD, THE OMNIPOTENT, THE MERCIFUL
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.
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
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
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;
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 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;
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;
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
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;
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;
the parties affirm the sovereignty, territorial integrity and
the Constitute of the Republic of the Philippines; and
this final peace agreement constitutes the full implementation
of the Tripoli Agreement.
NOW THEREFORE, THE PARTIES DO HEREBY AGREE ON THE
IMPLEMENTING STRUCTURE AND MECHANISM OF THIS
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
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.
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).
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
THE TRANSITIONAL PERIOD (PHASE-1)
Phase 1 shall
be implemented as follows:
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
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.
The SPCPD shall be assisted by the Darul Iftah (advisory
council), which shall be created by the Chairman of the SPCPD.
The local government units in the area including the ARMM
shall continue to exist and exercise their functions in
accordance with the existing laws.
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.
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;
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
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
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
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.
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
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
10. There shall be established a
Consultative Assembly with 81 members composed of the following:
Chairman of the SPCPD shall be the head and presiding officer of
Governor and the Vice Governor of the ARMM, and 14 Governor's of
the provinces and the 9 City Mayors in the SZOPAD;
44 members from the MNLF: and
d. 11 members
from various sector recommended by non-governmental
organizations (NGOs) and people's organizations ( POs).
The Consultative Assembly shall exercise the following
functions and powers:
a. To serve as forum for
consultation and ventilation of issues and concerns;
To conduct public bearings as may be necessary and to
provide appropriate advice to the SPCPD; and
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
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.
The powers and functions of the Council shall be as
To take charge in promoting, monitoring and coordinating
the improvement of peace and order in the area.
To focus, on peace and development efforts more
particularly in the depressed areas and cause the in
implementation of peace and development projects;
To provide support to local government units as
To exercise such other powers and functions necessary for
the effective implementation of its mandate as may be delegated
by the President;
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.
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.
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.
The joining of the MNLF forces with the Armed Forces of
the Philippines (AFP):
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
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.
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.
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.
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)
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.
EXECUTIVE COUNCIL, LEGISLATIVE ASSEMBLY, ADMINISTRATIVE
SYSTEM AND REPRESENTATION IN THE NATIONAL GOVERNMENT.
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
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.
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;
g. Customs and Tariff;
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:
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
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
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
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
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
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:
natural-born citizen of the Philippines;
b. At least 21
years of age on the day of election;
c. Able lo read
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.
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.
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
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
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
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
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
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.
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
56. The fiscal year of the Autonomous
Region shall cover the period January 1 to December 31 of the
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
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.
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.
REPRESENTATTON AND PARTICIPATION IN THE NATIONAL
GOVERNMENT AND IN ALL ORGANS OF THE STATE.
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.
Representation and participation
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 ¹ be
recommended by the Head Of the Autonomous Government.
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:
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.
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.
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
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.
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.
ESTABLISHMENT OF THE SPECIAL REGIONAL SECURITY FORCES FOR THE
AUTONOMOUS REGION (PHASE-2 OF THE IMPLEMENTATION OF THE TRIPOLI
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.
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:
Enforce all laws and ordinances relative to the
protection of lives and properties;
Maintain peace and order and take all necessary steps to
ensure public safely;
Investigate and prevent crimes, effect the arrest of
criminal offenders, bring offenders to justice and assist in
Exercise the general powers to make arrest, search and
seizure in accordance with the Constitution and pertinent laws;
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
Perform such other duties and exercise all other function
as may be provided by law.
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.
the PNP Regional Command for Autonomous Region/SRSF
78. It shall he civilian in nature or
79. It shall be regional in scope of
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.
It shall have regional, provincial, and city or municipal
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
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).
Exercise operational control and general supervision and
86. Employ/deploy the elements of the
Regional Command through the Regional Director.
Assign/reassign officers and other personnel through the
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.
Impose, after due notice and summary hearings of
citizen's complaints, administrative penalties on personnel of
the Regional Command except Presidential Appointees.
of the Regional Police Commission
91. There shall be created a Regional
Police Commission (REPOLCOM) by the Regional Legislative
Assembly consistent with the Constitution.
The REPOLCOM shall be under the supervision of the
The Chairman of REPOLCOM shall be an ex-officio Commissioner of
System of Education
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
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.
of Educational System
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
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
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
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
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.
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.
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.
117. Existing Madaris,
including Madaris Ulya
shall be included under the Regional Autonomous Government
educational system as presently organized in the area of
teachers shall receive compensation out of the funds of the
Regional Autonomous Government provided they are employed in the
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
Grant and Assistance
122. Universities and colleges in the areas of autonomy
may seek and receive overseas donations for educational
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.
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
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
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
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:
the establishment of banks and bank branches in the area of
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
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;
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;
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:
percent (20%) shall accrue to the city or municipality where
such taxes are collected, and
percent (80%) shall accrue to the RAG.
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.
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
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
152. The Regional Legislative Assembly of the area of
autonomy shall establish Shari'ah Courts in accordance with the
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
G. EFFECTIVITY CLAUSE
154. This Agreement shall take effect immediately upon
the signing hereof by the parties, unless otherwise provided
Done in the City of Manila on the 2nd day of
For the GRP:
For the MNLF:
H.E. AMBASSADOR MANUEL T. YAN
H.E. PROF. NUR MISUARI
Chairman of the GRP Peace Panel
Chairman of the MNLF Peace panel
the participation of the OIC Ministerial Committee of the Six
and the Secretary-General of the OIC.
H.E. MR. ALI ALATAS
H.E. DR. HAMID AL-GABID
Minister for Foreign Affairs
Secretary-General of the OIC
Of the Republic of Indonesia
Chairman of the OIC Ministerial
Committee of the Six