Legislative Analyses

PRLS provides reviews and keen analyses on various legislative measures and laws requested by the Members of the Parliament and/or by Parliamentary Professionals such as the heads of the Parliament offices. These reviews are referred to as “Legislative Analysis,” a combined review on bills, resolutions, or laws done by the two PRLS divisions (the Legislative Research Division or LRD and the Legislative Measures and Legal Assistance Division or LMLAD) or in other words, a consolidated ‘policy analysis’ and ‘legal review’.

As mentioned above, there are three forms of Legislative Analysis:

(1) Policy Analysis is a review of various legislative measures and laws requested by Members of the Parliament. LRD assesses and analyzes the measures based on the broader perspectives drawn from available research data and scholarly studies.

(2) Legal Review is an in-depth and comprehensive evaluation of the current draft of a bill to ensure its constitutionality and consistency with national and regional laws, upon request from a Member of the Parliament.

(3) Committee Bill Review or CBR is an assessment of legislative measures that are in committee level. In addition to legislative fact sheets, which collect pertinent information on the bills and resolutions proposed by the Government of the Day, PRLS also provide policy and legal reviews on measures that are referred to the committee based on available research data, legal perspectives, and scholarly studies. CBR reports its findings to the relevant committees and its members in order for them to polish policies in the Bangsamoro region.

Below is a list of legislative analysis. Please note that there are standalone policy analysis and legal review.

Comparative review on Bangsamoro Appropriations Act No. 3 and Bangsamoro Appropriations Act No. 15: PRLS wrote a comparative review on Bangsamoro Appropriations Act No. 3 and Bangsamoro Appropriations Act No. 15. The result of the review indicates that the 2021 budget is 15% higher than the 2020 budget. The MFBM, MILG, Miscellaneous and Other Personnel Benefit, and Contingent Fund are the only four offices/Ministries that decreased their budget. Moreover, MBHTE has the highest budget of all of the ministries for both years.

Review of the proposed resolution of “Establishing the Bangsamoro Legislative Institute for the continuing education, studies, research and training programs for the Members of the Parliament, its officers and staff, providing funds therefore, and for other purposes:” PRLS copyedited the draft of the resolution on “Establishing the Bangsamoro Legislative Institute for the continuing education, studies, research and training programs for the Members of the Parliament, its officers and staff, providing funds therefore, and for other purposes.” PRLS enriched the basis of the necessity of the resolution. It also improves the overall structure and coherence of the proposed resolution.

Review of the proposed concept note on the establishment of the Bangsamoro Parliamentary Learning and Training Center: PRLS digested proposal to approve a Bangsamoro Parliamentary Learning and Training Center (BPLTC). The review shows that the proposal to create a Bangsamoro Parliamentary Learning and Training Center (BPLTC) can strategically set the impetus needed by the Bangsamoro Legislative Institute (BLI) to achieve its objectives. Both projects also share the same goal of capacity building, expertise development, and promotion of public awareness.

Review on Bangsamoro Development Plan (2020-2022): PRLS collected the data from the reports of the ministries and agencies to determine initiatives that are yet to be operationalized. PRLS coordinated with BPDA to collect the data needed. Currently, BPDA is updating their results and matrices.

Comments on the Bangsamoro legal holidays (Bill No. 80): The following were suggested on Bill no. 80: (1) To lengthen the holidays in Eid-ul-Fitr and Eid-ul-Adha like in Malaysia and Indonesia so that Muslims could spend more time with their family during Eid. (2) Creation of Bangsamoro Historical commission to validate and authenticate the Jabidah Massacre in order to make it a holiday. (3) Creation of “Sheikh Hashim Salamat Day” to honor the founder of Moro Islamic Liberation Front. (4) Commemorate the Malisbong Massacre which killed at least 1000 Moros inside a mosque by units of the Philippine Military on September 24, 1974, in the coastal village of Malisbong in Palimbang, Sultan Kudarat, Mindanao.

Comments on the Bangsamoro COVID-19 related anti-discrimination act 2020 (Bill no. 65): The cases of discrimination with COVID-19 patients and frontliners were rampant in 2020, hence the need for the bill. However, reported cases declined in 2021 which can probably be attributed to the “social media appeals” from COVID-19 frontliners as people become more aware and informed of the COVID-19 situation.

Comments on the Bangsamoro Official Gazette Act of 2021: PRLS recommends to look at the organizational structure of BIO and verify whether they have enough staff to manage the gazette. If there are areas in BIO that can still manage the gazette, then one can merely assign such organization for the task. Or if there is none, then there is a need to establish a separate body that will focus on the operations of the official gazette.

Review of Hajj provisions within RA 9997, RA 11054, and BAA 13. Given that both the NCMF and the Bangsamoro Pilgrimage Authority have mandates on the administration of the annual hajj/ Muslim pilgrimage to Mecca, Saudi Arabia, we need to check for potential conflict.

Review of Halal provisions within RA 9997, RA 11054, and BAA 13. Similarly, both the NCMF and the Bangsamoro Halal Board are tasked with developing the Halal industry, so it is necessary to examine any gaps or overlaps in their functions.

Review of Shari’ah and justice system provisions within PD 1083, RA11054, and BAA 13 along with MMA 280 and MMA 292. One possible problem we see are the provisions on child marriage. Child marriages are acceptable in PD 1083 following certain conditions, while MMA 280 adopts a policy of advocating discouragement against child marriages within the region. Perhaps there are other subject matters within these laws that also need assessment.

Review of PD 1083: If the national government sees fit to update PD 1083 into a Republic Act, the Bangsamoro government should be prepared in engagements at the Philippine Congress-Bangsamoro Parliament Forum to ensure the new enacted law does not create discrepancies or a cross-evaluation of these laws is necessary to determine if our regional laws are in line with existing national laws, or if there are contradictions between Bangsamoro and ARMM laws.

Legal opinion on An Act Regulating the Power to Augment and Authority to Use Savings of the Chief Minister, the Speaker of the Parliament, and the Presiding Justice of the Shari’ah High Court, Pursuant to and in Implementation of Section 5(E) of R.A. No. 11054 or the Bangsamoro Organic Law:” It seeks PRLS legal opinion regarding the bill which can help them improve its current draft, and also guide them on whether or not to proceed in the filing considering that the proposed measure has no counterpart at the national level.

Comments on BTA Bill No. 40 also known as Indigenous People Rights Act in the Bangsamoro Autonomous Region: This bill is a great leap for the Bangsamoro Government. Nationally, the seat of IPs fundamental institution is the National Commission on Indigenous People, which is only a Commission attached to the Office of the President of the Philippines. In contrast, BARMM will elevate IPs’ office to a ministry or equivalent to line agencies such as Public Works, Social Services, and Development; hence, a commendable initiative. 

Reviews on BTA Parliament Bill No. 53 or also known as The Bangsamoro Sustainable Development Board Act of 2021: It is of common knowledge that the concept of sustainable development has undergone various development phases in addressing new and emerging challenges throughout the years. The United Nations (UN) has identified the most pressing issues facing our world today. In September 2015, in a historic UN summit, the coalition of world leaders outlined seventeen (17) Sustainable Development Goals. These new goals that universally apply to all nations, call on countries to mobilize efforts to end all forms of poverty, fight inequalities, and tackle climate change while ensuring that no one is left behind.