The Bangsamoro Transition Authority Parliament 2022-2025 holds the resumption of Session No. 41 of its Second Regular Session on Rabi Al-Awwal 7, 1445/ September 22, 2023.

During the period of interpellation, MP Don Loong interpellates for the enhancement of the Bangsamoro Local Governance Code.

Under Section 2, (d) of the Declaration of Policies, where it is explicitly stated as mandatory, regarding public consultation, MP Don inquired about the potential impact of not doing so. He further inquired if this would not be restrictive to national government agencies, or if it would not become the basis for unnecessary red tape.

It has been noted that although consulting is a mandatory activity, as previously stated and reiterated, there is no requirement for approval or agreement to be obtained for the implementation of the program and project.

Section 6 states that the Local Government Unit may be created, divided, and merged, but he wondered if it could be simply stated that a municipality or a barangay may be created, since those are the only LGUs that the Bangsamoro can create.

The proponent posited that the Local Government Unit is used in the first part because it talks about the act of creation, division, merger, and abolition of boundaries. In the second part, there is a need to differentiate between the act of parliament through a law that will allow the parliament to create barangays and municipalities. On the other hand, the act of Sangguniang Panlunsod and Panlalawigan can create, divide, merge, or abolish barangays. It is a matter of style, and it is discouraged to be redundant in the manner in which the provision is written.

His subsequent inquiry pertains to Section 13, titled "Naming of Local Government Units" and encompasses public places, streets, and structures. He inquires whether it is feasible to incorporate "airports and seaports" as the Parliament has initiated the process of renaming these entities.

It has been mentioned that the renaming of the airport necessitates an additional step, which is not solely within the purview of the Bangsamoro Government. The international body that must be consulted in order to change the name.

In the final section of the paragraph, pertaining to Section 14, he inquired whether it would be feasible to state that the holiday pertains solely to the respective Local Government Unit (LGU) by stating "of the respective LGU."

The proponent mentioned the consideration of the proposed amendment by MP Don during the period of amendments.

Under Section 18, as regards fees and charges, he asked if it could be considered, stating that “subject to such guidelines and limitations as the Congress may provide and consistent with the provisions of Book II of this Code.” He mentioned providing the proposed amendment at the appropriate time.

Under Section 32 regarding the Prior Consultations Required, he would like to be informed if this refers to the environmental aspects only, which is a preceding section.

It was stated that it may relate to ecological balance because there is a reference to Section 26, which is the original Section. Still, it is also on general matters which may be the consequences of the program and projects because the Section also refers to Section 2 (c) which was the matter that was raised earlier. It does not cover only ecological balance.

MP Don concluded that the interpretation of Section 32 is that it encompasses all projects and stipulates that no project or program shall be implemented by authorities unless the consultations outlined in Section 2 (c) and 26 hereof are complied with, and prior approval of the Sanggunian. He asked if this refers to all projects because the gravity of that “no project” seems to pertain to environmental damage as reflected in Section 31. It is necessary to be precise since the following sentences refer to environmental impacts. If Section 32 applies to all projects, there is a need to reconsider since it will impact many national projects being implemented in the Bangsamoro areas.

It was discovered that this is the same provision found in RA 7160 and the MMAA 25, which was the law passed by the ARMM.

Further, he inquired if it refers to the general provisions or only to Section 31.

For RA 7160, it is precisely the same except for the last portion, which pertains to displacement but exactly the same, "no project or program shall be implemented by the government authorities unless the consultation mentioned in Section 2 (c) and 26 hereof are complied with and prior approval of the Sanggunian concerned is obtained", that is RA 7160 in MMAA 25 which was passed during the ARMM, there is no mentioned of ecological balance, it pertains to all projects.