ARMM was nominally disestablished after the ratification of BOL and will be effectively replaced by the BARMM upon the constitution of theBangsamoro Transition Authority, an interim government for the region.[10] The law was "deemed ratified" on January 25, 2019, following theplebiscite.[11][12][13]
The Autonomous Region in Muslim Mindanao (ARMM) was situated in mainlandMindanao in the southern Philippines and was created by virtue of the Republic Act No. 6734 which signed into law by PresidentCorazon Aquino on August 1, 1989. The plebiscite was conducted in the proposed area of ARMM on November 17, 1989, in the provinces ofMaguindanao,Lanao del Sur,Sulu, andTawi-Tawi.
The region was strengthened and expanded through the ratification of Republic Act No. 9054, amending for the purpose of Republic Act No. 6734, entitled "An Act Providing for the ARMM" as amended in September 2001. The plebiscite paved the way for the inclusion of the province ofBasilan and the city ofMarawi as part of ARMM.
For the most part ofPhilippines' history, the region and most ofMindanao have been a separate territory, which enabled it to develop its own culture and identity. The region has been the traditional homeland ofMuslim Filipinos since the 15th century, even before the arrival of theSpanish, who began to colonize most of the Philippines in 1565.Muslim missionaries arrived inTawi-Tawi in 1380 and started living in the area and the conversion of the native population toIslam. In 1457, theSultanate of Sulu was founded, and not long after that, the sultanates ofMaguindanao andBuayan were also established. At the time when most of the Philippines was underSpanish rule, thesesultanates maintained their independence and regularly challenged Spanish domination of the Philippines by conducting raids on Spanish coastal towns in the north and repulsing repeated Spanish incursions in their territory. It was not until the last quarter of the 19th century that the Sultanate of Sulu formally recognized Spanishsuzerainty, but these areas remained loosely controlled by the Spanish as their sovereignty was limited to military stations and garrisons and pockets of civilian settlements in Zamboanga andCotabato,[14] until they had to abandon the region as a consequence of their defeat in theSpanish–American War.
The Moros had a history of resistance against Spanish, American, and Japanese rule for over 400 years. The violent armed struggle against theJapanese,Filipinos,Spanish, andAmericans is considered by current Moro Muslim leaders as part of the four centuries long "national liberation movement" of the Bangsamoro (Moro Nation).[15] The 400-year-long resistance against the Japanese, Americans, and Spanish by the Moro Muslims persisted and morphed into their current war for independence against the Philippine state.[16]
In the 1970s, escalating hostilities between government forces and theMoro National Liberation Front (MNLF) prompted PresidentFerdinand Marcos to issue a proclamation forming an Autonomous Region in the Southern Philippines. This was, however, turned down by aplebiscite. In 1979, Batas Pambansa No. 20 created a Regional Autonomous Government in the Western and Central Mindanao regions.[17]
The Autonomous Region in Muslim Mindanao region was first created on August 1, 1989, throughRepublic Act No. 6734 (otherwise known as the Organic Act), primarily authored byAquilino Pimentel Jr.,[18] in pursuance with a constitutional mandate to provide for an autonomous area in Muslim Mindanao.[19] A plebiscite was held in the provinces ofBasilan,Cotabato,Davao del Sur,Davao Occidental,Lanao del Norte,Lanao del Sur,Maguindanao,Palawan,Sarangani,South Cotabato,Sultan Kudarat,Sulu,Tawi-Tawi,Zamboanga del Norte,Zamboanga del Sur andZamboanga Sibugay; and in thecities ofCotabato,Dapitan,Dipolog,General Santos,Isabela,Koronadal,Iligan,Marawi,Pagadian,Puerto Princesa, andZamboanga to determine if their residents wished to be part of the ARMM. Of these areas, only six provinces — Basilan (including Isabela City), Lanao del Sur (including Marawi City), Maguindanao (including Cotabato City), Sulu, and Tawi-Tawi — voted in favor of inclusion in the new autonomous region. The ARMM was officially inaugurated on November 6, 1990[20] in Cotabato City, which was designated as its provisional capital. Muslim Mindanao Autonomy Act No. 42, enacted on September 22, 1995, sought to permanently fix the seat of regional government atParang in Maguindanao (now inMaguindanao del Norte), pending the completion of required buildings and infrastructure.[1] However, the move to Parang was never made. Until the passage of Republic Act No. 9054 in 2001, which directed the ARMM Regional Government to once again fix a new permanent seat of government in an area within its jurisdiction,[21] Cotabato City remained thede facto seat of ARMM's government.
The ARMM's sixth province,Shariff Kabunsuan, was carved out of Maguindanao on October 28, 2006.[22] However, on July 16, 2008, theSupreme Court of the Philippinesvoided the creation of Shariff Kabunsuan, declaring unconstitutional Section 19 in RA 9054 which granted the ARMM Regional Assembly the power to create provinces and cities. The Supreme Court held that only Congress was empowered to create provinces and cities because the creation of such necessarily included the power to createlegislative districts, which explicitly under thePhilippine Constitution was within the sole prerogative of Congress to establish.[23]
On July 18, 2008,Hermogenes Esperon, peace advisor to then PresidentGloria Macapagal Arroyo, in his talks withMoro Islamic Liberation Front (MILF) rebels inMalaysia, revealed the planned expansion of the region.[24] The deal, negotiated in secret talks with the MILF and subject to approval, would give the ARMM control of an additional 712 villages on the south west portion of Mindanao, as well as broader political and economic powers.[24]
Massive protests,[not verified in body] however, greeted the move of the Philippine government and MILF panels in signing a Memorandum of Agreement on Ancestral Domain as a majority of the local government units where these barangays are connected have already opted not to join the ARMM in two instances, 1989 and 2001.
On August 4, 2008, after local officials fromCotabato asked the Supreme Court to block the signing of the agreement between the Philippine government and MILF, the Court issued a temporary restraining order against the signing of the Memorandum of Agreement on Ancestral Domain (MOA-AD) between the Philippine government and the MILF rebels in Malaysia.[25] Several lawmakers had filed petitions with the Supreme Court to stop the Philippine government from concluding the MOA-AD due to lack of transparency and for MILF's failure to cut ties with theal-Qaeda-linked terrorist networkJemaah Islamiyah, which aims to establish a pan-Islamic state inSoutheast Asia using MILF camps in southwestern Mindanao as training grounds and staging points for attacks.[26]
On October 14, 2008, the Supreme Court of the Philippines, by a vote of 8–7, declared “contrary to law and the Constitution” the Ancestral Domain Aspect (MOA-AD) of the Tripoli Agreement on Peace of 2001 between the Philippine government and the MILF.[27][28] The 89-pagedecision, written byAssociate JusticeConchita Carpio-Morales ruled: “In sum, the Presidential Adviser on the Peace Process committed grave abuse of discretion when he failed to carry out the pertinent consultation process, as mandated by EO No. 3, RA 7160, and RA 8371. The furtive process by which the MOA-AD was designed and crafted runs contrary to and in excess of the legal authority, and amounts to a whimsical, capricious, oppressive, arbitrary and despotic exercise thereof. It illustrates a gross evasion of positive duty and a virtual refusal to perform the duty enjoined.”[29][30][31]
Due to the challenges in establishing theBangsamoro entity in the previous administrations, thenMayorRodrigo Duterte ofDavao City announced his intent to establish a federal form of government which would replace the unitary form of government in his campaign speeches for the2016 Philippine presidential election, which he subsequently won. In his plan, ARMM, along with the areas that voted to be included in ARMM in 2001, plus Isabela City and Cotabato City, will become part of a federal state.Aquilino Pimentel Jr., a Duterte ally and advocate forfederalism, said in an interview[when?] thatIsabela City,Basilan,Lamitan,Sulu, andTawi-tawi may become a single federal state, whileLanao del Sur,Marawi,Cotabato City, andMaguindanao may become a single federal state as well because the Muslims of the Sulu archipelago have a different heritage from the Muslims in mainland Mindanao.
Voters look for their names at a precinct inMarawi during the January 21 BOL plebiscite.
Under the presidency of Aquino's successor,Rodrigo Duterte, a new draft for the BBL was made and became legislated into law as theBangsamoro Organic Law (BOL) in 2018.[32] Aplebiscite to ratify the BOL was held on January 21, 2019, with a majority of ARMM voters deciding for the ratification of the law. Voters inCotabato City voted to join the new autonomous region, while voters inIsabela City voted against inclusion. TheCommission on Elections proclaimed that the BOL was "deemed ratified" on January 25, 2019.[33][34] The provincial government ofSulu, where majority voted against inclusion, was also not in favor of the law, with its governor challenging theconstitutionality of the law before theSupreme Court. Despite voting against inclusion, Sulu was still included in the Bangsamoro region due to rules stated in the BOL, sparking outrage from residents.[35][36]
In February 2019, the second round of the plebiscite was held in the province ofLanao del Norte and some towns inCotabato. The plebiscite resulted in the inclusion of 63 of 67barangays in Cotabato that participated. It also resulted in the rejection from the province of Lanao del Norte against the bid of six of its Muslim-majority towns to join the Bangsamoro, despite the six towns (Balo-i,Munai,Nunungan,Pantar,Tagoloan andTangcal) opting to join the Bangsamoro by a sheer majority, with one town even voting for inclusion by 100%. A major camp of the MILF was within the Muslim areas of Lanao del Norte.[37][38]
With the ratification of the BOL following the plebiscite on January 21, 2019, the abolition process of the ARMM began, paving way for the setting up of the Bangsamoro autonomous region. Under the BOL, a transitional body, theBangsamoro Transition Authority (BTA), was organized pending the election of the new region's government officials in 2022. The second part of the plebiscite held on February 6, 2019, expanded the scope of the future Bangsamoro region to include 63 barangays in Cotabato.[39] The members of the BTA took their oaths on February 22, 2019, along with the ceremonial confirmation of the plebiscite results of both the January 21, and February 6, 2019, votes. The official turnover from the ARMM to BARMM took place on February 26, 2019, which meant the full abolition of the former.[40][41]
The Autonomous Region in Muslim Mindanao consisted of 5 provinces, 2componentcities, 116municipalities and 2,490barangays. The cities ofIsabela andCotabato were not under the administrative jurisdiction of the ARMM despite the former being part ofBasilan and the latter geographically considered but not politically part ofMaguindanao province.
The region was headed by aRegional Governor. The Regional Governor and Regional Vice Governor were elected directly like regular local executives. Regional ordinances were created by theRegional Assembly, composed of Assemblymen, also elected by direct vote. Regional elections were usually held one year after general elections (national and local) depending on legislation from Congress. Regional officials had a fixed term of three years, which could be extended by an act of Congress.
The Regional Governor was the chief executive of the regional government, and was assisted by a cabinet not exceeding 10 members. The top official was tasked to appoint the members of the cabinet, subject to confirmation by theRegional Legislative Assembly and also had control of all the regional executive commissions, agencies, boards, bureaus, and offices.
The executive council advises the Regional Governor on matters of governance of the autonomous region. It was composed of the regional governor, 1 regional vice governor, and 3 deputy regional governors (each representing the Christians, the Muslims, and the indigenous cultural communities). The regional governor and regional vice governor had a 3-year term, maximum of 3 terms; deputies' terms are coterminous with the term of the regional governor who appointed them.
The Regional Legislative Assembly was the legislative branch of the ARMM government. The regular members (3 members/district) and sectoral representatives, had three-year terms; maximum of three consecutive terms. It exercised legislative power in the autonomous region, except on the following matters: foreign affairs, national defense and security, postal service, coinage and fiscal and monetary policies, administration of justice, quarantine, customs and tariff, citizenship, naturalization, immigration and deportation, general auditing, national elections, maritime, land, and air transportation, communications, patents, trademarks, trade names, and copyrights, foreign trade, and may legislate on matters covered by theSharia, the law governing Muslims.
RA 9054 provided that ARMM "shall remain an integral and inseparable part of the national territory of the Republic." The President exercised general supervision over the Regional Governor. The Regional Government had the power to create its own sources of revenues and to levy taxes, fees, and charges, subject to Constitutional provisions and the provisions of RA 9054. The Sharia applied only to Muslims; its applications are limited by pertinent constitutional provisions (prohibition against cruel and unusual punishment).[17][1][full citation needed]
The people of the Bangsamoro region, including Muslims and non-Muslims, have a culture that revolves aroundkulintang music, a specific type of gong music, found among both Muslim and non-Muslim groups of the Southern Philippines. Each ethnic group in ARMM also has their own distinct architectures, intangible heritage, and craft arts. A fine example of a distinct architectural style in the region is the Royal Sulu architecture which was used to make theDaru Jambangan (Palace of Flowers) inMaimbung, Sulu. The palace was destroyed during the American period due to a typhoon in 1932, and was never rebuilt. It used to be the largest royal palace built in the Philippines. A campaign to faithfully re-establish it in Maimbung town has been ongoing since 1933. A very small replica of the palace was made in a nearby town in the 2010s, but it was noted that the replica does not mean that the campaign to reconstruct the palace in Maimbung has stopped as the replica does not manifest the true essence of a Sulu royal palace. In 2013, Maimbung was officially designated as the royal capital of theSultanate of Sulu by the remaining members of the Sulu royal family.[46][47][48]