THE AUTONOMOUS REGION IN MUSLIM MINDANAO

1987 Consitution
Article X. Local Government
Section 1. The territorial and political subdivisions of the Republic of the Philippines are the provinces,
cities, municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and this
Cordilleras as hereinafter provided.

- The Constitution allows only two such regions: one for the Cordilleras and one for Muslim
Mindanao.
- The only autonomous region that has been created is the Autonomous Region of Muslim
Mindanao
- The Constitution directs the creation of autonomous region for Muslim Mindanao and for the
Cordilleras by an organic act to be enacted by Congress for each autonomous region subject to a
plebescite as provided in Section 18.

AUTONOMOUS REGIONS
Section 15. There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras
consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive
historical and cultural heritage, economic and social structures, and other relevant characteristics within
the framework of this Constitution and the national sovereignty as well as territorial integrity of the
Republic of the Philippines.

- The autonomous region shall consists of “provinces, cities, municipalities, and geographic areas
sharing common and distinctive historical and cultural heritage, economic and social structures,
and other relevant characteristics within the framework” of one sovereign nation.
- The creation of the autonomous regions, however, does not mean the establishment of
sovereignties distinct from that of the Republic. These autonomous regions can be established only
“within the framework of this Constitution and the national sovereignty as well as territorial
integrity of the Republic of the Philippines.”
- The creation of the autonomous regions for Muslim Mindanao and Cordilleras contemplates the
grant of political autonomy and not just administrative autonomy to these regions. Thus, Section 18
provides for an autonomous regional government with a basic structure consisting of an executive
department and a legislative law district in each of the autonomous regions.

Section 17. All powers, functions, and responsibilities not granted by this Constitution or by law to the
autonomous regions shall be vested in National Government.

- Residual powers or powers not given by the Constitution or by law to the autonomous regions
are vested in the national government. The reason for this is that local governments including
autonomous regions are mere creatures of the State operating under the principle enumerated
or granted powers.
- Notably not included in the enumeration are powers over: national defense and security,
foreign relations and foreign trade, customs and tariff, quarantine , currency, monetary affairs,
foreign exchange, banking and quasi-banking, external borrowings, posts and communications,
air and sea transport, immigration and deportation, citizenship and naturalization, and general
auditing, are not granted to them, either expressly or by implication are deemed withheld and
cannot be exercised by them.

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 - The retention of residual powers in the national government fortifies the principle and the
practical imperative that the “national sovereignty as well as territorial integrity of the Republic
of the Philippines” be always maintained.

Section 16. The President shall exercise general supervision over autonomous regions to ensure that
laws are faithfully executed.
- The power of the President over autonomous regions is the same as his power over local
governments – only one of “general supervision,” that is, the power to ensure that subordinate
officers execute and act within the existing laws.
- Section 16 merely reiterates the existing power of general supervision of the President over
local governments.

Section 18. The Congress shall enact an organic act for each autonomous region with the assistance and
participation of the regional consultative commission composed of representative appointed by the
President from a list of nominees from multi-sectoral 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 a majority of 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.

Three steps in the processing of determining the territory that will comprise the autonomous region:
(1) Preliminary administrative region of what areas should be considered for inclusion in the
autonomous region. This is necessary for purposes of determining the composition of the
regional consultative council.
(2) Congress through the Organic Act makes a determination of what might be included and
therefore should participate in the plebescite. In this step, some areas included in the first step
can already be excluded.
(3) The plebiscite can further modify the determination made by the Organic Act because Section
18 says that “only provinces, cities, and geographic areas voting favorably in such plebiscite shall
be included in the autonomous region.” It is the final vote which creates the autonomous
region.

Requirement of an organic act for each autonomous region

(1) Enactment and ratification of an organic act. – Section 18 states the procedure and other
requirements for the establishment of autonomous regions.
(a) Congress is mandated to enact an organic act to be proposed for each autonomous
region or the basic law by virtue of which it shall exist as such, defining its organization
and powers (Sec. 20), including its constituent units. In line with the constitutional policy
giving recognition to the right of the people and their organizations to participate at all
levels of social, political and economic decision-making, Section 18 requires that the
organic act must be formulated with the assistance and participation of a regional
consultative commission composed of representatives appointed by the President from
a list of nominees from multi-sectoral bodies. These representative will have an

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 influence not only in determination of the territories which the Organic Act will cover,
although the territorial determination does not become final until ratified in a plebiscite.
(b) The creation of the regional consultative council does not need an act of Congress. Since
religious consultative council does not need an act of Congress. Since religious groups
are a sector in our society and the “religious sector” is not expressly excluded unlike in
party-list representation in Congress, religious leaders like a priest may be appointed to
the regional consultative commission.
The commission is but a preparatory body the function of which is to assist Congress
in the formulation of the organic act to be enacted for each continuous region.
(c) Section 18 also requires that both the executive department and legislative assembly of
each region shall be elective and representative of the constituent political units. The
intention is to insure the representative character of the regional government whose
executive and legislative officials are elected by popular vote. The proposed organic act
shall be submitted to the constituent units for approval in a plebiscite called for the
purpose. The plebiscite would only be within the region affected.
(2) The creation of the autonomous region shall be effective only when approved by the majority of
the votes cast in the plebiscite but only the units voting favorably shall be included in the
autonomous region. This means that the provinces, cities, municipalities, or geographic areas
(e.g. a cluster of municipalities) included in the organic act that voted against it shall be
excluded.
(3) Need for an organic act. – There is a need for a character or organic law specifically applicable to
each particular region, which shall define the basic structure of government for the autonomous
region. Such law will allow some flexibility in the government structure for each autonomous
region, taking into account the peculiar conditions therein and the people’s ethnic, linguistic,
religious, and other differences. It will require some study and research on the part of Congress
in determining the implementing details.
Moreover, the ratification of the organic act will determine the actual commencement f the
legal existence of every autonomous region being created.

 Only the provinces and cities where majority is obtained shall be included in the autonomous
region
– Under the Constitution and RA 6734, the creation of the autonomous region shall take effect
only when approved by a majority of the votes cast by the constituent units in a plebiscite, and
only those provinces and cities where a majority vote in favor of the Organic Act shall be
included in the autonomous region. The provinces and cities wherein such a majority is not
attained shall not be included in the autonomous region. It may be that even if an autonomous
region is created, not all of the 13 provinces and 9 cities mentioned in Article II, Section 1(2) of
RA 6734 shall be included therein.
– The single plebiscite contemplated by the Constitution shall be determinative of (1) whether
there shall be an autonomous region in the Muslim Mindanao and (2) which provinces and
cities, among those enumerated in RA 6734 shall comprise it.
 Autonomous region is made to depend, not on the total majority vote in the plebiscite, but on
the will of the majority in each of the constituent units. – What is required by the Constitution is
a simple majority of votes approving the Organic Act in the individual constituent units and not a
double majority of the votes in all constituent units put together, as well as in the individual
constituent units.
 Ascertainment by Congress of the areas that share common attributions is within the exclusive
realm of legislative’s discretion. – The Constitutional lays down the standards by which Congress

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 shall determine which areas should constitute the autonomous region. Guided by these
constitutional criteria, the ascertainment by Congress of the areas that share common attributes
is within the exclusive realm of the legislature’s discretion. Any review of this ascertainment
would have to go into the wisdom of the law. This the Court cannot do without doing violence
to the separation of governmental powers.”

Section 20. Within its territorial jurisdiction 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 organizations;
(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 origin.

- The organic act of an autonomous region provide shall provide for legislative powers to be
exercised, within its territorial jurisdiction over the matters enumerated in Section 20. The grant
of powers is subject to the provisions of the Constitution particularly Article III (Bill of Rights)
and Article X and laws enacted by Congress. Such laws shall be consistent with the constitutional
policy “to insure the autonomy of local governments.” (Art. II, Sec. 25). Legislative powers over
matters other than those enumerated from Nos. (1) to (8), cannot be exercised except when
authorized by law as provided in No. (9).
- An autonomous region has almost complete administrative and legislative autonomy within its
jurisdiction over the matters enumerated.
- An autonomous region cannot create a new province. Only Congress can create provinces and
cities because the creation of provinces and cities necessarily includes the creation or legislative
districts, a power only Congress can exercise. Moreover, the ARMM Regional Assembly cannot
enact a law creating a national office like the office of a district representative of Congress
because the legislative powers of the ARMM Regional Assembly operate within its territorial
jurisdiction as provided in Section 20, Article X Constitution.

Section 21. The preservation of peace and order within the regions shall be 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.
- This responsibility is entrusted to the local police agencies to which it properly pertains. To
insure its proper discharge, such police agencies shall be organized, maintained, supervised and
utilized in accordance with applicable laws. Whenever it becomes necessary, the President, as
Commander-in-Chief of the Armed Forces, may call out such armed forces to maintain peace
and order in the autonomous regions.
- The defense and security of the regions shall be responsibility of the national government. For
obvious reason, only the national government should have jurisdiction over such matters
involving as they do the territorial integrity and the survival of the nation.

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