The draft Bangsamoro Basic Law, now House Bill No.

4994,
was submitted to Congress during ceremonies held in
Malacaan Palace on September 10, 2014. Secretary
Teresita Quintos Deles recognizes the event as a turning
point in the nations quest for peace in Mindanao. During the
ceremony, President Benigno S. Aquino III asked Congress
to pass this bill in the soonest possible time. Once
Congress passes the Bangsamoro Basic Law, a plebiscite
among the people of the Bangsamoro.
To learn more about this bill, down to article, read this: Q
and A: the draft Bangsamoro Basic Law.
Below is a PDF copy of the draft of An act providing for the
basic law for the Bangsamoro and abolishing the
Autonomous Region in Muslim Mindanao, repealing for the
purpose Republic Act No. 9054, entitled An act to
strengthen and Expand the organic act for the Autonomous
Region in Muslim Mindanao, and Republic Act No.
6734,entitled An act providing for an organic act for the
Autonomous Region in Muslim Mindanao, and for other
purposes.
Article I Name and Purpose
Q:
What is the purpose of this new law?
A:
The purpose of the draft Basic Law is to establish the
new Bangsamoro political entity and provide for its basic
structure of government, in recognition of the aspirations of
the Bangsamoro people (Article I, Section 3).
Article II Bangsamoro Identity
Q:
Who are the Bangsamoro people? A:
Those who
at the time of conquest and colonization were considered
natives or original inhabitants of Mindanao and the Sulu
archipelago and its adjacent islands including Palawan, and
their spouses, and descendants, who have identified
themselves as Bangsamoro (Article II, Section 1). Q:
Why is it necessary for the Bangsamoro to have an official
flag? A:
A Philippine government entity, such as the
Bangsamoro, is authorized to have its own flag under
Section 44 of Republic Act No. 8491, otherwise known as
the Flag and Heraldic Code of the Philippines. Article III
Territory Q:
What comprises the Bangsamoro territory?
A:
The Bangsamoro territory is composed of the land
mass, maritime, terrestrial, alluvial and aerial domain.
Section 1 expressly states that the Bangsamoro territory
remains part of the Philippines. Likewise, the draft Basic Law
provides that the Bangsamoro shall respect and adhere to
the Philippines international treaties and agreements. Thus,
whatever power the Bangsamoro may exercise over its
territory must be consistent with and not contravene the
countrys international obligations and commitments (Article
IV, Section 8). The local government units that will comprise
the Bangsamoro territory will be determined through a
plebiscite for the ratification of this Basic Law (Article XV,
Section 3). Q:
What is the extent of the Bangsamoros
maritime jurisdiction? A:
The Bangsamoro has jurisdiction
over waters that extend up to 12 nautical miles from the lowwater mark of the coasts. This is referred to as the
Bangsamoro Waters where the Bangsamoro Government
is granted certain rights over the resources therein (Article

III, Section 5). Article IV General Principles and Policies Q:

The draft Basic Law provides that the Bangsamoro
Government will have a parliamentary form of government.
Is this consistent with a democratic form of government
provided in the 1987 Philippine Constitution? A:
Yes, a
parliamentary system is democratic. A parliamentary system
is a form of government where the executive is formed by
the legislature, i.e. the Chief Executive (who is the head of
the executive) is elected by the legislature. A democracy is a
system of government which derives its legitimacy from the
people. Hence, eligible citizens participate, directly or
indirectly, in the election of their representatives in
government. Under the draft Basic Law, the Bangsamoro
Government is democratic because all members of
Parliament will be elected as representatives of the
Bangsamoro People. Consistent with the 1987 Philippine
Constitution, both the executive and the legislative in a
parliamentary system shall be elective and representative of
their constituent political units (Article VII).
Q:
Is a
parliamentary form of government allowed by the 1987
Philippine Constitution? A:
Yes, the 1987 Philippine
Constitution left it to the wisdom of Congress to determine
the appropriate government structures for local government
units and autonomous regions. Specifically, Section 18,
Article X of the 1987 Philippine Constitution provides that the
Organic Act (the Basic Law in the case of the Bangsamoro)
for Autonomous Regions shall define the basic structure of
government consisting of the executive department and the
legislative assembly. Article V Powers of Government
Q:
What do the terms reserved, exclusive, and
concurrent mean? A:
Reserved powers are matters over
which authority and jurisdiction are exercised by the National
Government. The reserved powers enumerated in the
Annex on Power Sharing remains the same. Only the
National Government can exercise power or authority over
national defense and security, foreign relations, monetary
policy, and customs and tariffs among others. Concurrent
powers refer to the powers shared between the National
Government and the Bangsamoro Government. In the
exercise of these concurrent powers, the concerned
ministries of the Bangsamoro Government are required to
cooperate and coordinate with the National Government.
Exclusive powers are matters over which authority and
jurisdiction pertain to the Bangsamoro Government (Article
V, Sections 1 to 4). All issues that may result in a dispute
between the National and Bangsamoro Governments, or
may arise from the exercise of powers enumerated in Article
V, shall be resolved by an intergovernmental relations
mechanism. Unresolved issues shall be elevated to the
President through the Chief Minister (Article VI). Q:
The
draft Basic Law creates Bangsamoro offices that exercise
functions related to those vested in constitutional bodies.
How will these bodies relate to each other? A:
The draft
Basic Law creates the following bodies: (i) The Bangsamoro
auditing body which shall have auditing responsibility over
public funds utilized by the Bangsamoro Government without
prejudice to the power, authority, and duty of the national
Commission on Audit to examine, audit, and settle all
accounts pertaining to the revenues and the use of funds
and property owned and held in trust by any government
instrumentality, including GOCCs (Article V, Section 2,

Number 7); (ii) The Bangsamoro Civil Service Office which

shall develop and administer Bangsamoro government
employees and officers without prejudice to the Civil Service
Commissions powers (Article V, Section 2, Number 8); (iii)
The Bangsamoro Electoral Office which shall be part of the
Commission on Elections (Article VII, Section 9); (iv) The
Bangsamoro Police which shall be part of the Philippine
National Police (Article XVI, Section 2); (v) The Bangsamoro
Commission on Human Rights (BCHR) which shall have
investigatory and prosecutorial powers; In the performance
of its functions, the BCHR may coordinate with the
Commission on Human Rights (Article IX, Section 7); (vi)
The Bangsamoro Regional Police Board which shall be part
of the NAPOLCOM and will perform the functions of the
NAPOLCOM in the region (Article XVI, Sections 5, 6).
Q:
What is the scope of the Bangsamoro Governments
powers over financial and banking systems in the
Bangsamoro? A:
Without prejudice to the power of
supervision of the Bangko Sentral ng Pilipinas, the
Bangsamoro Government shall encourage the development
of Islamic Banking. Under the draft Basic Law, a Shariah
supervisory board may be created specifically for this
purpose. Towards this end, the Bangsamoro Government is
also authorized to participate in the management of the AlAmanah Islamic Investment Bank. (Article V, Section 3,
Number 13; Article XII, Sections 30, 36) Q:
What is the
scope of the Bangsamoro Governments regulatory power
over power generation, transmission, and distribution?
A:
The draft Basic Law allows the Bangsamoro
Government the power to regulate power generation,
transmission, and distribution facilities in the Bangsamoro
which are not connected to the Grid. Through this authority,
it is endeavored that the Bangsamoro Government will be
able to spur the establishment of generation and other power
facilities in the area that will allow them to address the needs
of the inhabitants of the Bangsamoro (Article 5, Section 3,
Number 15). Q:
What is the scope of the Bangsamoro
Governments power to create, divide, merge, abolish, or
substantially alter boundaries of local government units?
A:
The power to create, divide, merge, abolish, or
substantially alter boundaries of local government units
granted to the Bangsamoro Parliament is consistent with the
power granted to other local government units in Sections 6
to 10 of Chapter II, Title I of the Local Government Code of
1991 and is similarly subject to the limitations provided by
the 1987 Philippine Constitution. Q:
What will happen to
the powers granted to the ARMM under Republic Act No.
9054? A:
Republic Act No. 9054 will be expressly
repealed by the enactment of the Basic Law. However, the
draft Basic Law adopts certain powers already devolved to
the ARMM (Article V, Section 4), which are enumerated
under Art. V, Section 4. The Annex on Power Sharing
specifically allows the Bangsamoro Transition Commission
that prepared the draft Basic Lawto select powers under
Republic Act No. 9054 relevant to the Framework Agreement
on the Bangsamoro, and adopt these in the Basic Law.
Article VI Intergovernmental Relations Q.
Describe the
relationship between the National and Bangsamoro
Governments. A.
The relationship between the National
and Bangsamoro Governments shall be asymmetric. It is
asymmetric because it is distinct from the relationship

between the National Government and other local

government units. Specifically, the 1987 Philippine
Constitution (Article X, Section 20) confers the Bangsamoro
Government, as an autonomous region, legislative powers
over such matters as administrative organization and
ancestral domainwhich are not granted to local
government units. However, similar to local government
units, the Presidents power of general supervision remains
(Article VI, Sections 1, 3).
Q:
What is the
Intergovernmental Relations Mechanism? A:
A Central
Government Bangsamoro Government Intergovernmental
Relations Body shall be established to resolve any issues
that may arise relating to the exercise of the respective
powers of the National Government and the Bangsamoro
Government within the Bangsamoro through consultations
and continuing negotiations in a non-adversarial manner. All
unresolved issues shall be elevated to the President,
through the Chief Minister (Article VI, Section 4). The draft
Basic Law also provides for a Philippine Congress
Bangsamoro Parliament Forum for purposes of cooperation
and coordination of legislative initiatives (Article VI, Section
8).
Q.
Describe the relationship between the
Bangsamoro Government and its constituent local
government units. A.
The National and Bangsamoro
Governments accept the concept of devolution as inspired
by the principles of subsidiarity. The provinces, cities,
municipalities, barangays, and geographic areas within its
territory shall be the constituent units of the Bangsamoro.
The privileges already enjoyed by the local government units
within the Bangsamoro under existing laws shall not be
diminished unless otherwise altered, modified, or reformed
for good governance in a law to be enacted by the
Bangsamoro Parliament (Article VI, Sections 6, 7). To ensure
mutual cooperation and cohesion between the Bangsamoro
Government and its constituent LGUs, a Council of Leaders
shall likewise be established (Article VI, Section 5). Q:
Is
the National Government giving the Bangsamoro undue
preference for positions in National Offices? A:
No.
Although, it shall be the policy of the National Government to
appoint competent and qualified inhabitants of the
Bangsamoro in certain National Government offices [at least
one (1) Cabinet Secretary; at least one (1) in each of the
other departments, offices, and bureaus holding
executive__primarily confidential, highly technical, and
policy-determining__positions; and one (1) Commissioner in
each of the constitutional bodies (Article VI, Section 9); at
least one (1) justice in the Supreme Court; and two (2)
justices in the Court of Appeals (Article X, Section 27)]. This
does not remove the discretion of the President to appoint
qualified persons from other sectors.
Article VII
Bangsamoro Government Q:
What is the relationship
between the Bangsamoro Electoral Code and Batas
Pambansa Bilang 81, otherwise known as the Omnibus
Election Code? A:
The Bangsamoro Electoral Code will
be enacted to specifically govern parliamentary elections in
the Bangsamoro and shall be correlated to all national
election laws including Batas Pambansa Bilang 81 (Article
VII, Section 9).
Q:
What is the composition of the
Bangsamoro Parliament? How are seats in the Bangsamoro
Parliament classified and allocated? A:
The Bangsamoro
Parliament shall have at least sixty (60) members fifty

percent (50%) of which shall be elected through a system of

proportional representation; forty percent (40%) from single
member districts; and ten percent (10%) will be elected to
reserved seats representing key sectors in the Bangsamoro.
The Bangsamoro Parliament shall have two reserved seats
each for non-Moro indigenous communities and settler
communities. Women shall also have a reserved seat
(Article VII, Sections 4, 5). Q:
What is the process for
the filling of reserved seats for IPs/ICCs? A:
Reserved
seats for non-Moro indigenous peoples shall be filled
pursuant to their customary laws and indigenous processes
(Article VII, Section 6). Q:
How does a member of the
Bangsamoro Parliament forfeit his/her seat? A:
A member
of the Bangsamoro Parliament shall forfeit his/her seat if: (i)
He or she resigns voluntarily through a written or oral
declaration in Parliament; (ii) He or she is convicted of a
grave offense as stipulated in the House Rules that the
Bangsamoro Parliament will promulgate; or treason, high
crimes, heinous crimes, crimes against morality, or other
crimes punishable by more than six (6) years; (iii) He or she
becomes permanently physically or mentally incapacitated
and is unable to discharge his/her duties as a Member of the
Parliament or dies while in office; (iv) He or she, having been
elected under the proportional representation system, is
replaced with another member by the party to which he/she
belongs with; (v) He or she, having been elected under the
proportional representation system, transfers to another
party during his/her incumbency as member of the
Bangsamoro Parliament; (vi) Such other grounds as may be
provided under the Bangsamoro Electoral Code (Article VII,
Section 16). Q:
How will the vacancy created by the
forfeiture be filled? A:
A vacancy in a Proportional
Representation Seat shall be filled by the party to which that
seat belongs. A vacancy in a District Seat previously
occupied by a member affiliated to a party shall be filled by
that party, who shall nominate a replacement. A vacancy in
a District Seat previously occupied by an unaffiliated
member shall be filled through a special election conducted
in the manner prescribed by law enacted by the Bangsamoro
Parliament (Article VII, Section 17). Q:
Can any political
party run in the Bangsamoro elections? A:
No, only
regional political parties that are duly accredited by the
Bangsamoro Electoral Office may participate in the
parliamentary elections in the Bangsamoro (Article VII,
Section 7). Q:
How long is the term of office of the
members of the Parliament? A:
A Member of the
Parliament shall serve for three (3) years, unless otherwise
provided by law passed by the Bangsamoro Parliament.
However, no member shall serve for more than three
consecutive terms (Article VII, Section 11). Q:
What are
the qualifications of the Members of the Parliament? A:
A
member of the Bangsamoro Parliament must be a citizen of
the Philippines; at least twenty-five (25) years of age on the
day of the election; able to read and write; and a registered
voter in the Bangsamoro. In addition, a District
Representative must be a registered voter of the district
wherein he or she is a candidate on the day of the filing of
the certificate of candidacy; and has resided in the said
district for at least three years immediately preceding the day
of the election (Article VII, Section 12). Q:
How will the
election of the officers of the Bangsamoro Parliament be

conducted? A:
On the first session following their election,
the members of the Bangsamoro Parliament shall, in open
session, elect by a simple majority vote from all its members
the Speaker, and the other officers of the Bangsamoro
Parliament as the House Rules of the Bangsamoro
Parliament may provide (Article VII, Section 20). Q:
Who
is, and what are the tasks of the Presiding Officer? A:
The
Speaker, the Deputy Speaker, or any other person presiding
over the Bangsamoro Parliament shall be responsible for
ensuring the rights and privileges of all members and public
access to the proceedings of the Bangsamoro Parliament
and its committees. He or she shall have the authority and
moral ascendancy to maintain order and decorum in the
Bangsamoro Parliament in accordance with its House
Rules. He or she shall act impartially and without fear, favor,
and prejudice (Article VII, Section 21).
Q:
How are
executive powers exercised?
A:
Executive authority
shall be exercised by the Bangsamoro Cabinet which shall
be headed by a Chief Minister. The Chief Minister shall be
elected by a majority vote of the Parliament from among its
members. The Chief Minister shall appoint the Deputy Chief
Minister from among the members of the Parliament. S/he
will also appoint the members of the cabinet, majority of
whom shall also come from the Parliament (Article VII,
Section 3). Q:
What are the qualifications of the Chief
Minister? A:
The Chief Minister shall be at least twentyfive (25) years of age at the time of the election; a bona fide
resident of the Bangsamoro for three years immediately
preceding the day of the elections; and with proven
competence and probity, mentally fit, and known for his/her
integrity and high moral standards (Article VII, Section 28).
Q:
What are the Powers, Duties, and Functions of the
Chief Minister? A:
The Chief Minister shall exercise the
following powers, duties, and functions: (i) Heads the
government of the Bangsamoro; (ii) Appoints heads of
ministries, agencies, bureaus, offices of the Bangsamoro
Government, or other officers of Bangsamoro owned or
controlled corporations or entities with original charters; (iii)
Appoints other officers in the Bangsamoro Government as
may be provided by the Parliament; (iv) Formulates platform
of government subject to the approval by the Parliament; (v)
Issues executive orders and other policies of the
Bangsamoro Government; (vi) Represents the government
of the Bangsamoro in affairs outside the Bangsamoro; and
(vii) Exercises such other powers and functions inherent to
the position (Article VII, Section 30). The Chief Minister shall
also be an ex-officio member of the National Security
Council (NSC) on matters concerning the Bangsamoro and
of the National Economic and Development Authority Board
(NEDA) (Article VII, Section 32). Q:
Why will there be a
vote of no confidence against the government? A:
The
Parliament may vote against the government, through a vote
of no confidence by two-thirds (2/3) of its members, for a
variety of reasons, e.g., when there are serious allegations
of corruption rendering the Chief Minister or his or her
Cabinet unfit to continue holding his or her/their position/s.
Q:
Who will be in charge of the Bangsamoro in case the
Parliament is dissolved? A:
In case of dissolution, the
incumbent Chief Minister and the Cabinet shall continue to
conduct the affairs of the Bangsamoro Government until a
new Parliament is convened and a Chief Minister is elected

and has qualified (Article VII, Section 34).

Article VIII
Wali Q.
Who is the Wali? A.
The Wali shall be the
titular head of the Bangsamoro. As titular head, the Wali
shall take on only ceremonial functions. The Wali shall also
be under the supervision of the President. Article IX Basic
Rights Q:
What are basic rights? What are their nature?
A:
Basic rights are those guaranteed by the Bangsamoro
Government to its constituents. These include those already
enjoyed by all Filipino citizens as well as the right to pursue
democratically political aspirations; the right of women to
meaningful political participation and protection from all
forms of violence; the right to freedom from religious, ethnic,
and sectarian harassment; and the right to free public
education in the elementary and high school levels (Article
IX, Section 1). Q:
How will human rights be protected in
the Bangsamoro? A:
Under the draft Basic Law, all laws
and policies are required to conform to international human
rights and humanitarian standards. The rights under the
International Covenant on Economic, Social, and Cultural
Rights and International Covenant on Civil and Political
Rights, and other international human rights instruments are
guaranteed by the National Government and the
Bangsamoro Government (Article IX, Section 2).
Q:
What is the Bangsamoro Commission for the Preservation of
Cultural Heritage (BCPCH)? A:
The BCPCH is created to
preserve the culture, arts, and tradition of the Bangsamoro
through the management of cultural and historical sites, and
establishment of libraries and museums. Its primary
responsibility includes writing the history of the Bangsamoro
people and establishing and sustaining the cultural
institutions, programs, and projects in the Bangsamoro
component areas (Article IX, Sections 19 to 21). Q:
How
will the right to health be promoted in the Bangsamoro?
A:
The right to health is promoted through the delivery of
comprehensive and integrated health services and support
for persons with disability (Article IX, Sections 15, 16).
Q:
What is the transitional justice mechanism? A:
This
is a mechanism to address the grievances of the
Bangsamoro people, such as historical injustices, human
rights
violations,
marginalization
through
unjust
dispossession of their territorial and proprietary rights and
customary land tenure (Article IX, Section 4). Q:
How
will the right to political participation of sectors in the
Bangsamoro be promoted? A:
Seats for IPs, women, and
other sectors shall be allocated in the Bangsamoro assembly
and ministers responsible for promoting their rights and
welfare may be appointed (Article IX, Section 5, 11). Q:
What does the draft Basic Law provide on the rights of the
indigenous
peoples/indigenous
cultural
communities
(IPs/ICCs)? A:
The draft Basic Law recognizes the
following rights of IPs/ICCs: (i) Right to native titles and/or
fusaka inged (Article IX, Section 5); (ii) Preferential right to
explore, develop, and utilize natural resources within areas
covered by their native titles. In case these activities are to
be undertaken by the Bansgamoro Government, or by an
authorized concessionaire, the free and prior informed
consent of the holder of the native title is required (Article
XIII, Section 12); (iii) Right to an equitable share in revenues
from the exploration, development, and utilization of natural
resources within areas covered by their native titles. The
Bangsamoro Parliament shall enact a law for this purpose

(Article XII, Section 34; Article XIII, Section 12); (iv) Right to
political participation, including to reserved seats for nonMoro IPs/ICCs in the Bansgamoro Parliament. The seats
shall be filled pursuant to their customary laws and
indigenous processes (Article VII, Section 6); (v) Right to
education through the establishment of a tribal university
system that will address the higher educational needs of the
indigenous cultural communities in the region (Article IX,
Section 14); (vi) Recognition of a traditional/tribal justice
system. The Bangsamoro Parliament shall enact laws for
this purpose, and an Office for Traditional/Tribal Justice
System shall also be created (Article X, Sections 23, 24);
(vii) Recognition of indigenous structures, or systems which
promote peace, law, and order (Article XI, Section 18); (viii)
Other rights provided in the United Nations Declaration on
the Rights of Indigenous Peoples (Article IX, Section 5). The
draft Basic Law also mandates the creation of an office for
the IPs/ICCs in the Bangsamoro, the head of which shall
automatically become a member of the cabinet (Article V,
Section 3, Number 30).
Article X Bangsamoro Justice
System Q:
What is the relationship between the Shari'ah
and National justice systems? A:
Under the explicit
language of the draft Basic Law, the Shariah law shall have
application over Muslims only, and nothing shall operate to
the prejudice of non-Muslims and non-indigenous peoples.
There shall be cooperation and coordination with the
National Government regarding the Shariah justice system
(Article X, Sections 1, 2). The national justice system will
remain intact for all matters outside the jurisdiction (matters
not mentioned under Article X, Sections 5 to 7) of the
Shariah Courts, and the inherent power of judicial review by
the Supreme Court (to review any grave abuse of discretion
amounting to lack or excess of jurisdiction by the Shariah
Court) under Article VIII, Section 1 of the 1987 Philippine
Constitution, and Rule 65 of the Rules of Court will not be
affected. Q:
What laws/matters will Shariah courts have
jurisdiction over? A:
Shariah courts in the Bangsamoro
shall, in addition to their jurisdiction over personal and
property relations under Presidential Decree No. 1083
otherwise known as the Muslim Code of Personal Laws,
have jurisdiction over Shariah commercial and criminal laws
enacted by the Bangsamoro Parliament (Article X, Sections
2, 3). The Shariah District, Circuit, and High courts will have
jurisdiction over matters enumerated under Sections 5, 6,
and 7 of Article X respectively. Q:
Can the Bangsamoro
Parliament enact commercial and criminal laws, and are
these matters properly cognizable by Shari'ah Courts? A:
Yes. The Framework Agreement on the Bangsamoro (FAB)
provides for the expansion of the jurisdiction of the Shariah
courts in the draft Basic Law (FAB Article III, Section 5).
Moreover, even as the Bangsamoro Parliament may enact
commercial and criminal laws (in addition to Personal,
family, and property relations), these laws are required to be
subject to the provisions of this Constitution and national
laws (Article X, Section 20 of the 1987 Philippine
Constitution). Pertinently, it should be mentioned that
Section 5 of R.A. 9054 (Organic Act of the ARMM) already
provides that Shariah Courts shall have jurisdiction over
criminal and commercial cases involving Muslims. As for
criminal laws, the draft Basic Law provides that they shall
only be effective within the territory of the Bangsamoro and

shall be in accordance with the universally accepted

principles of human rights standards (Article X, Section 3).
Q:
What justice institutions shall be established under the
draft Basic Law? A:
The following justice institutions shall
be established in the Bangsamoro: a. The Shariah District,
and Circuit Courts, and the Shariah High Court (Article X,
Sections 5 to 7). Judges/Justices of the Shariah courts
must have the qualifications listed under Section 9, and they
will be appointed by the President through the same
mechanism as judges/justices of the regular courts [save for
the additional recommendatory powers given to the Shariah
Judicial and Bar Council (JBC) for the national JBCs
consideration (Article X, Section 10)]. b. Shariah JBC shall
recommend applicants to the national JBC for the positions
of judges/justices in the Shariah courts in the Bangsamoro.
In addition, a consultant to the national JBC shall be
appointed to advise it on appointments to the Shariah courts
in the Bangsamoro.
Its power here is merely
recommendatory and does not supplant the authority of the
national JBC. The Shariah JBC shall be composed of five
(5) members as provided under Section 12. It may conduct
investigations over erring personnel in Shariah courts in the
Bangsamoro, and submit the results of such investigation to
the Supreme Court for the latters action (Article X, Sections
10 to 13). c. The Shariah Prosecutorial Service shall be part
of the National Prosecutorial Service under the Department
of Justice (Article X, Section 19). d. The Shariah Academy
shall conduct courses and trainings on the practice of
Shariah law in the Bangsamoro, accredit Shariah courses
and degrees obtained by Bangsamoro from schools and
universities abroad, and develop the curriculum of schools
and universities in the Bangsamoro (Article X, Section 20). e.
A traditional/tribal justice system shall be created by the
Bangsamoro Parliament. Further, an Office for the
Traditional/Tribal Justice System shall be created which shall
be responsible in overseeing the study, preservation, and
development of the tribal justice system within the
Bangsamoro (Article X, Sections 23, 24). Q:
Does the
phrase final and executory under Section 7 reduce the
power of the Supreme Court? A:
No. Even if the draft
Basic Law, or any other law for that matter, provides for the
foregoing language, this will not, as it does not, deprive the
Supreme Court of its inherent power of judicial review, i.e., to
determine whether or not there has been grave abuse of
discretion amounting to lack or excess of jurisdiction on the
part of the Shariah High Court, as this is provided under
Article VIII Section 1 of the 1987 Philippine Constitution.
Article XI Public Order and Safety
Q:
What is the
relationship between the Bangsamoro Police and the
Philippine National Police (PNP)? A:
The Bangsamoro
Police shall be part of the PNP. As with the PNP as a whole,
it shall be professional, civilian in character, fair and
impartial, free from partisan political control, and accountable
under the law for its actions (Article XI, Section 2). Q:
What is the relationship of the Bangsamoro with the Armed
Forces of the Philippines (AFP)? A:
The defense and
security of the Bangsamoro shall be the responsibility of the
National Government. The National Govermment may
create a Bangsamoro Command of the AFP (Article XI,
Section 15). Q:
What is the relationship between the
Bangsamoro Regional Police Board (BPRB) and the

NAPOLCOM? A:
The BPRB shall be part of the
NAPOLCOM and will perform the functions of the
NAPOLCOM in the region. The members of the Board shall
be composed of the members of the Bangsamoro
Parliament and representatives from various sectors (Article
XI, Sections 5, 6). Q:
Who shall head the Bangsamoro
Police? A:
A director, assisted by two deputies, shall head
the Bangsamoro Police (Article XI, Section 4). Q:
Can
the Bangsamoro Parliament enact laws to govern the
Bangsamoro Police? Will these be consistent with Republic
Act No. 6975? A:
Yes, the draft Basic Law specifically
authorizes the Bangsamoro Parliament to enact laws on the
Bangsamoro Police (Article XI, Section 12). Article X,
Section 20 of the 1987 Philippine Constitution requires laws
enacted by the Bangsamoro Parliament on general welfare
to be consistent with national laws such as Republic Act No.
6975. Article XII Fiscal Autonomy Q:
What is the goal
of the article on Fiscal Autonomy? A:
Its main objective is
to make the Bangsamoro Government fiscally autonomous
(Article XII, Section 1). The funding mechanisms employed
in this law will allow the Bangsamoro Government to become
self-sufficient and to eventually no longer need funding from
the National Government to provide for the needs of its
constituents. Q:
What taxing powers are to be devolved
to the Bangsamoro Government? A:
Apart from the taxes
that were granted previously to the ARMM, the Bangsamoro
Government can now impose and collect four national taxes
Capital Gains Tax, Donors Tax, Estate Tax, and
Documentary Stamp Taxes provided that all the taxable
elements are within the Bangsamoro (Article XII, Section 9).
Q:
Will the Bangsamoro Government get a share in the
taxes that will continue to be levied by the National
Government? A:
Yes. As for national taxes, fees, and
charges collected by the National Government within the
Bangsamoro, 75% shall be shared with the Bangsamoro and
its constituent local government units. The ARMM currently
gets a 70% share (Article XII, Section 10). These national
taxes include income taxes, VAT, and other percentage
taxes; but exclude tariff and customs duties. Q:
Who will
conduct tax administration within the Bangsamoro? A:
The Bangsamoro Government may create its own tax office
to collect taxes in the Bangsamoro (Article XII, Section 11).
The National Government will assist the Bangsamoro
Government in the matters of tax administration and fiscal
management. This assistance shall include capacity building
and training programs in accordance with a needs
assessment and capacity building plan developed by the
Bangsamoro Government in consultation with the National
Government (Article XII, Section 4). Q:
What is the
Annual Block Grant (ABG)? A:
The ABG refers to the
automatic appropriation that will be released regularly to the
Bangsamoro Government (Article XII, Section 17). Q:
How much is the ABG? A:
For the budget year
immediately following the year the draft Basic Law takes
effect, the amount of the ABG shall be equivalent to four
percent (4%) of the net national internal revenue collection of
the BIR, less the internal revenue allotment of local
government units. The ABG may however be adjusted if
there occurs (a) a change in the total land area of the
Bangsamoro (e.g. if not all the LGUs mentioned in the law
and the FAB vote to be part of the Bangsamoro); and (b)

unmanageable fiscal deficit in which case the ABG may be

decreased (Article XII, Section 16).
Q:
Will the
Bangsamoro Government receive other amounts from the
National Government? A:
Yes, the Bangsamoro
Government will receive additional funds that would
subsidize expenditures for development projects and
infrastructure projects in the first years of the Bangsamoro
(Article XII, Section 21). A Special Development Fund (SDF)
will also be established for the rehabilitation of the region
(Article XIV). The Bangsamoro Transition Authority (BTA)
will also receive an initial funding to enable it to organize the
bureaucracy, hire personnel, and exercise its functions
(Article XVI, Section 13).
Q:
Are the amounts
appropriated for the Bangsamoro excessive? A:
The
funding support to the Bangsamoro Government (i.e., the
ABG, the SDF, the subsidies, the BTA funding) is what the
National Government deems sufficient and necessary
considering (i) the amounts received from the National
Government by other similarly-situated regions such as
Regions VIII and XII (the regions with the second and third
highest poverty incidence in its populations); (ii) the amounts
currently being received by the ARMM Government; and (iii)
the need for the Bangsamoro region to catch up with the rest
of the country.
Q:
What are the Bangsamoro
Governments other sources of revenue? A:
The other
revenue sources are: (a) Loans, whether foreign or
domestic, which the Bangsamoro Government is authorized
to contract (Article XII, Section 22 A); (b) Bangsamoro
Government bills, bonds, notes, debentures, etc. (Article XII,
Section 22 B); (c) Overseas Development Assistance (Article
XII, Section 23); (d) Grants and donations (Article XII,
Section 24); (e) Share in the GOCCs operating in the
Bangamoro. The share shall be determined through the
intergovernmental relations mechanism (Article XII, Section
31); (f) Share in the government revenues derived from the
exploration, development, and utilization of natural resources
(Article XII, Section 32) (i) Non-metallic 100% (ii) Metallic
75% (iii) Fossil fuels and uranium 50%; To ensure that the
local communities are not deprived of their share, the Basic
Law mandates that the Bangsamoro Government enact a
law that will provide the necessary details for the required
shares of the local government units and the affected
indigenous peoples. The draft Basic Law also provides that
revenues from the (a) additional taxes beyond those already
devolved to the ARMM; and (b) the exploration,
development, and utilization of natural resources shall be
deducted from the ABG. Thus, eventually, when the
Bangsamoro Government is able to increase its revenue
collection such that it is equivalent to or more than the ABG,
the National Government will no longer provide any funding
to the Bangsamoro Government (Article XII, Section 19).
Q:
Will there be a mechanism to settle any
issues/disagreements between the Bangsamoro and
National Governments as to financial matters? A:
To
settle any issue as to taxes and other financial matters, an
Intergovernmental Fiscal Policy Board shall be created
where the relevant agencies of the Bangsamoro
Government and the National Government will be
represented including the Department of Finance (Article XII,
Section 35). Q:
How do we ensure that Bangsamoro
revenues will be used judiciously? A:
The Bangsamoro

Parliament shall enact an appropriations act to determine

how the ABG, other budgetary transfers, and government
revenues of the Bangsamoro shall be appropriated. In
addition, the Bangsamoro auditing office and the
Commission on Audit are expected to exercise their auditing
responsibilities. Article XIII Economy and Patrimony Q:
What is the scope of the Bangsamoro Governments powers
over natural, energy, and mining resources? A:
The
Bangsamoro Governments authority over the exploration,
development, and utilization of resources include: First, the
Bangsamoro Government shall have the power to declare
nature reserves, aquatic parks, forests, watershed
reservations, and protected areas in the Bangsamoro.
Protected areas that are currently under the management of
the National Government shall be transferred to the
Bangsamoro Government within a period not exceeding two
(2) years (Article XIII, Sections 8, 9). Second, the
Bangsamoro Government shall have exclusive powers to
regulate, manage, and protect inland waters in the
Bangsamoro (Article XIII, Sections 22). Third, the National
and Bangsamoro Governments shall jointly explore, develop,
and utilize fossil fuels and uranium in the Bangsamoro
(Article XIII, Section 10). Fourth, the entry into Financial and
Technical Assistance Agreements over mineral resources in
the Bangsamoro by the President shall be upon the
recommendation of the Bangsamoro Government (Article
XIII, Section 14).
Q:
What is the scope of the
Bangsamoro Governments power over trade and industry?
A:
The Bangsamoro Government shall have the following
powers over trade and industry: it shall promote a domestic
trade preference for goods produced and materials sourced
in the Bangsamoro; it may participate in trade missions and
fairs in other countries; and it may conduct barter trade and
counter-trade with ASEAN countries (Article XIII, Sections
24, 25). Q:
Can the Bangsamoro Government establish
economic zones, industrial estates, and free ports in the
Bangsamoro? A:
Yes, the Bangsamoro Government shall
have the authority to do this. The Bangsamoro Government
may extend the same fiscal incentives to locators in its
economic zones/industrial estates/free ports, as those in
areas outside the Bangsamoro (Article XIII, Section 26).
Q:
What are the Zones of Joint Cooperation? Is it part of
the Bangsamoro territory? A:
No, the Zones are not part
of the Bangsamoro Territory. It shall be located in the Sulu
Sea and the Moro Gulf, and is created for, among others, the
protection of traditional fishing grounds and the exploration,
development, and utilization of non-living resources therein.
The Zones shall be regulated by a Joint Body composed of
officials from the National and Bangsamoro Governments,
as well as representatives from adjoining/adjacent local
government units (Article XIII, Sections 18 to 20). Article
XIV Rehabilitation
Q:
Why is a separate article on
Rehabilitation and Development necessary? A:
Article
XIV recognizes that the current ARMM region (which forms
part of the core territory of the Bangsamoro) is the poorest
region in the country. Thus, to enable the region to catch up
with the rest of the country, the National Government
pledges funding support for rehabilitation, reconstruction,
and
development programs of the
Bangsamoro
Government. The Special Development Fund (SDF) will be
set up for these purposes, and shall be in an amount of Php

17 billion, with Php 7 billion allocated for the first year from
the enactment of the law, and the balance to be paid out in
equal installments of Php 2 billion over the course of five (5)
years.
Article XV Plebisicite
Q:
Where will the
plebiscite for the creation of the Bangsamoro be conducted?
A:
The plebiscite for the creation of the Bangsamoro shall
be conducted in (a) the present geographical area of the
Autonomous Region in Muslim Mindanao; (b) the
Municipalities of Baloi, Munai, Nunungan, Pantar, Tagoloan
and Tangkal in the province of Lanao del Norte and all other
barangays in the Municipalities of Kabacan, Carmen,
Aleosan, Pigkawayan, Pikit and Midsayap that voted for
inclusion in the ARMM during the 2001 plebiscite; (c) the
cities of Cotabato and Isabela; and (d) all other contiguous
areas where there is a resolution of the local government
unit or a petition of at least ten percent (10%) of the
registered voters in the area asking for their inclusion at
least two months prior to the conduct of the ratification of the
Basic Law. Q:
After the creation of the Bangsamoro, can
an interested local government unit still join the region? A:
After the creation of the Bangsamoro, any contiguous local
government unit or geographic area outside the Bangsamoro
may, by a verified petition filed by at least 10% of its
registered voters, ask for its inclusion in the Bangsamoro
and for the conduct of a plebiscite for that purpose. Article
XVI Bangsamoro Transition Authority
Q:
What will
happen in the period between the ratification of the draft
Basic Law in a plebiscite and the assumption into office of
the elected members of the Bangsamoro Parliament? A:
The Bangsamoro Transition Authority (BTA) shall serve as
the interim government of the Bangsamoro during this
period, and shall exercise executive and legislative functions
for this purpose (Article XVI, Sections 2 and 3). The BTA
shall operate in accordance with the Basic Law and a
Transition Plan to be crafted by them. The interim Chief
Minister shall prepare and submit a Transition Plan within
sixty days from ratification of the Basic Law for approval by
the rest of the BTA. Subsequently, the BTA shall act on or
approve the Transition Plan within ten days from
submission. The Transition Plan will be implemented within
fifteen days from the approval by the BTA. Q:
Under the
draft Basic Law, the President is authorized to appoint all fifty
members of the BTA. Who will the members be? A:
The
Moro Islamic Liberation Front shall lead the BTA. At the
same time, there are several safeguards to ensure that the
BTA composition is representative and inclusive. The draft
Basic Law expressly mandates that non-Moro IPs/ICCs,
women, settler communities, and other sectors shall be
represented in the BTA. Further, the process of appointment
allows for the submission of nominations to the Office of the
President (Article XVI, Section 2). Q:
What will happen
to ARMM employees and other employees of national
government agencies whose functions will now be devolved
to the Bangsamoro Government? A:
All employees
affected by the gradual phase-out of the ARMM and regional
offices of national government agencies may be absorbed,
transferred, or separated from service. Separation pay and
other benefits required to be paid under law shall be paid to
these affected employees by the National Government
(Article XVI, Sections 9, 10).
With specific regard to
ARMM Government employees, appointive officials of the

ARMM Government shall continue to exercise their functions

during the phase-out. The absorption or re-hiring of ARMM
Government employees shall be in accordance with a
placement and hiring process established by the BTA (Article
XVI, Section 9). -

A ranking Church official calls on Congress for a thorough

review of the Bangsamoro Basic Law after the alleged misencounter between police commandos and Moro Islamic
Liberation Front fighters in Mamasapano, Maguindanao.
MANILA, Philippines - Congress should not rush in passing
of the Bangsamoro Basic Law (BBL) as there are still
provisions to be reviewed and clarified especially with the
alleged misencounter between police commandos and Moro
Islamic Liberation Front (MILF) fighters in Mamasapano,
Maguindanao, a ranking Church official said.

Cagayan de Oro Archbishop Antonio Ledesma said that

government officials should thoroughly review the provisions
of the BBL to prevent such incidents in the future which
could jeopardize the quest for lasting peace in Mindanao.

"Dapat hinto muna, siguro pray muna to all those affected.

Pero we do not have to rush the whole process ngayon. We
should leave it to cooler heads to decide on what should
take place now and also we should look at the bigger picture
again," Ledesma said.

The prelate said that the incident which left 44 members of

the Philippine National Police Special Action Force (PNPSAF) and 11 MILF fighters dead should not derail the peace
process.

"Although this incident is unfortunate, we should not let the

armed groups on both sides decide the course of the peace
process," the archbishop said during the World Interfaith
Harmony Week in Villa San Miguel, Mandaluyong City.

Bangsamoro Basic Law is constitutional - MILF

KUALA LUMPUR, Malaysia - The proposed Bangsamoro
Basic Law (BBL) is within the ambit of the 1987 Constitution,
Moro Islamic Liberation Front (MILF) chief peace negotiator
Mohagher Iqbal maintained on Saturday.

"The BBL is in pursuant to letter and spirit of FAB

(Framework Agreement on the Bangsamoro) and CAB
(Comprehensive Agreement on the Bangsamoro). And it has
passed through several stages to ensure nothing in
proposed law will be unconstitutional," Iqbal said.
"We saw nothing in proposed law is unconstitutional. The
position of the MILF, as contained in letter to [House ad hoc
panel chairman] Rufus Rodriguez, is BBL itself as presented,
though MILF is open for enhancement and improvement," he
said.
Questions on the constitutionality of the BBL have been
raised by lawmakers and constitutional experts, with some

Yet the bill implies that a Bangsamoro people had existed

since pre-Spanish times, that it is only fair to accede to their
demand for an ancestral homeland and their right to selfdetermination.
It is the stupidity of President Aquino and his negotiators,
bordering on treason, to agree with the creation of an
artificial nation for the Moors in Mindanao.
*

BASIC LAW: The BBL is their Constitution a synonym for

Basic Law that creates a self-governing nation-state
under the MILF.
The bill even has the solemnity of a Constitution. Our
Constitutions Preamble: We, the sovereign Filipino people,
imploring the aid of Almighty God, in order to build a just and
humane society, and establish a Government.

even comparing it to the memorandum of agreement on

ancestral domain of the MILF with the Arroyo administration
and which was struck down by the Supreme Court.

BBL DEBATE: I am taking the liberty of quoting excerpts

from an article of colleague Bobi Tiglao of The Manila
Times titled Bangsamoro Law: Have they lost their minds?
to help fuel the debate that the Bangsamoro Basic Law
(BBL) bill filed in the Congress deserves.
I happen to agree with what Bobi says in his piece,
excerpted below and slightly edited to fit space:
*

BANGSAMORO: The proposed law will dismember the

Republic. It seeks to create a political entity called
Bangsamoro, which is not under the Philippine Republic,
but which merely has as the bill itself puts it an
asymmetric relationship with it.
Bangsa is Malay for a nation-state. The Spanish word
Moro was the pejorative term Spaniards, and even nonMuslim Filipinos, probably up to the 1980s, called people of
the many ethnic groups in Mindanao under the Muslim faith.
The term originated from the word Christians used for the
Muslims who conquered their Iberian homelands in the 8th
century.
The notion of a Bangsamoro was invented by Moro
National Liberation Front chairman Nur Misuari in 1969 when
he founded the insurgent group and when Moro Islamic
Liberation Front forces were still with him. It was his way of
defying that Spanish label in his attempt to invent a common
identity for the ethnic groups of Mindanao under Islam.
Opinion ( Article MRec ), pagematch: 1, sectionmatch: 1

The Bangsamoro bills Preamble: We, the Bangsamoro

people and other inhabitants of the Bangsamoro, imploring
the aid of the Almighty.
Mimicking our Constitution, it goes on to define the
Bangsamoro territory (even its waters, which stand 12
nautical miles from the low-water mark of the coasts, the
international prescription), the nation-states General
Principles and Policies, and its form of government.
*

SECESSION: The Bangsamoro is an entirely different

creature from the autonomous regions in Muslim Mindanao
and the Cordilleras which the Constitution allows as forms
of local government.
Instead, the BBL will set up practically an independent state
with exclusive powers over a long list of matters which a
sovereign nation normally exercises over, except for a short
list of matters over which the Central government has
reserved powers, mainly defense and external security,
foreign policy, coinage and monetary policy, and postal
service.
This is also emphasized in the bills Article IV, Section 1, a de
facto declaration of independence: In the exercise of its
right to self-governance and self-determination, the
Bangsamoro is free to pursue its economic, social and
cultural development.
What if the Bangsamoro decides to invoke the section and
secedes from the Republic, or to ask Malaysia to incorporate
it in its federation?
Is there a provision in the BBL to prevent this? None at all. In
fact, there isnt even a sentence that Bangsamoro
government officials consider themselves Filipinos and
swear loyalty to our Constitution and Republic.
*

MILF GOVT: The Bangsamoro government would be run by

the 60-member Bangsamoro Parliament, purportedly to be
elected by the free choice of the people through political
parties.
One would be extremely nave not to believe that it would be
simply the MILF, by far the most organized and biggest force
in Muslim Mindanao that would staff it. The MILFs existing
Jihad Central Committee, which roughly has the same
number of members, could simply overlap with the
Bangsamoro Parliament.
The Parliament would elect the Bangsamoro Cabinet, which
would, in turn, choose the governments chief executive
called Chief Minister who would, Id bet, be either the
current MILF chairman or vice chairman.

In capitulation to the MILF, the BBL requires the national

(central) government to appoint Bangsamoro members to
certain offices: At least one Cabinet secretary, at least one
in each department, offices and bureaus, holding executive,
primarily confidential positions; and one commissioner in
each of the constitutional bodies.
The MILF wants its cadres planted in practically the entire
bureaucracy. The Civil Service Commission and the
Commission on Audit have only three members each,
including the chairmen. Under the BBL, one of the three
posts would be reserved to a Bangsamoro member.

MANILA,

Philippines

Cotabato Archbishop

Orlando

Cardinal Quevedo, 7 Catholic bishops, and 50 Christian and

*

MILF ARMY: The BBL provides that the Bangsamoro

government shall have primary responsibility over public
order and safety within the Bangsamoro and that a
Bangsamoro Police would be created for this purpose.
This violates the Constitutions provision that the State shall
establish and maintain one police force, which shall be
national in scope and civilian in character, to be administered
and controlled by a national police commission.

Muslim advocates joined forces to push for a landmark in the

peace process that aims to end a 4-decade-old Muslim
secessionist movement.

Pass a Bangsamoro Basic Law (BBL) that secures justice

and peace, the 58 signatories said in their statement, Hear
Mindanao: Requite Evil with Good, that was published on

The BBL clumsily tries to go around this by stipulating that a

Bangsamoro Police Board shall perform the functions of
the National Police Commission, and that the board will be
part of the National Police Commission. Another provision
empowers the Chief Minister to have operational control over
the Bangsamoro Police.
The MILF army, in effect, will simply be renamed the
Bangsamoro Police, and the MILF chairman who had
commanded the army will simply wear the robes of the
Bangsamoro Chief Minister.
*

SHARIAH LAW: The draft BBL has new provisions favorable

to the MILF that were not even in the Comprehensive
Agreement on the Bangsamoro, or the peace pact that the
bill was supposed to merely implement. Among these:
Article X, Section 1. The justice system in the Bangsamoro
shall consist of Shariah [Islamic] law, which shall have
supremacy and application over Muslims only. Contrast
that to Article IX, Section 1 of the ARMM law on the justice
system in that region: The Supreme Court, the Court of
Appeals, and other courts established by law shall continue
to exercise their judicial powers.
In violation of the Constitutions principle of separation of
Church and State, the BBL specifies as sources of Shariah
law, Al-Quran and other Islamic religious texts Al-Sunnha, AlQiyas, and Al-Jima.

Monday, February 16.

In the statement, the signatories said the government should

not abandon the peace process in Mindanao precisely
because

of

the

controversial

police

operation

in

Mamasapano, Maguindanao, that killed 44 members of the

Philippine National Police Special Action Force (PNP-SAF),
18 Muslim rebels, and at least 3 civilians on January 25.

Hear Mindanao: the peace process should not be imperiled.

Let the revolution stop. Let Mindanawons turn factories of
war into factories of prosperity. Let those in the north and in
the south who are charged with leadership walk humbly,
calmly, and wisely before the God of Peace together, the
bishops and advocates said.

Do not do to others what you would not have them do to

you. Do not requite evil with evil. Requite evil with good,

confusion and rage with wisdom, death with life, they

After all, no one has a monopoly on righteousness and a

added.

monopoly on guilt.

The BBL aims to create an autonomous Muslim region more

They also encouraged the public to study the root of the

powerful than the one in place.

conflict.

The bloodbath in Mamasapano, however, stalled the BBL

Echoing Quevedo's earlier statements, they pointed out that

as critics questioned the sincerity of the Moro Islamic

the MILF took up arms against the government in the face

Liberation Front (MILF) in the peace process.

of an undeniable history of intolerance, violence, and

exclusion. (READ: Cardinal to Christians: Moro dream 'very

The MILF is the Muslim rebel group engaged in peace talks

valid')

with the Philippine government. Its critics say it perpetrated

an alleged massacre of the SAF members.

We need to know and recognize Bangsamoro history, their

political and territorial sovereignty that held sway even in the

The MILF is investigating this incident as the Philippine

government looks into this as well. An MILF commander, for
his part, denies the supposed overkill on the part of Muslim
rebels.

Manila of Rajah Sulaiman, the massacres (such as Jabidah,

Manili, Bud Dajo, Bud Bagsak) that they have suffered, the
300 years of Moro wars waged against successive
governments,

Spanish,

American,

and

Filipino,

their

displacement and that of the Lumad from most of Mindanao

'We do not want war'

In their statement, the 58 signatories said they hope the

suspension in deliberations on the BBL will allow us to
reflect on our broad aspirations as a people.... We do not
want war. We want peace.

While investigations push through, they stressed the need

for humility among the parties involved.

through waves of migration from Luzon and the Visayas and

land registration policies, the signatories said.

They revolted to achieve their aspiration to live their

religious convictions and shared culture in peace. Their
original call was for independence in quest of a true
homeland. The BBL wants to achieve much less than this
self determination in a limited territory while preserving
national sovereignty and national integrity, they added.

In the pursuit of truth, we believe humility is more helpful

than arrogance, more helpful than rage or anger. Humility
admits ones own biases and prejudices against others in the
search for truth and justice. Humility admits respect for

Introduction- A debate script begins with an introductory

persons or organizations from whom we seek truth, they

paragraph, which states the thesis. The thesis or stand can

said.

be made clear by giving a clear answer to the prompt

question.
Example of debate script :Technology has invariably touched

all spheres of life. It has proved to be advantageous, as well

as disadvantageous for mankind. Do you think technology is
a boon or a curse for mankind? Give suitable examples and
reasons to support your argument.

It is beyond a doubt that technology has become an integral

part of modern life. However, its effect on mankind is a
debatable issue. While many people consider it detrimental
for our world, it is not true. Technology is definitely a boon for
mankind, while life without it would be a curse. We are
surrounded by innovations of technology, like computer,

graduate from the police academy. The question is: What if

they have a hard time at the academy and dont graduate?
Will the PNP lower its standards just to accommodate them?
If weeded out, wont the disgruntled flunkers go back to
being rebels?
Still another is the plight of the Christians and lumad in the
proposed Bangsamoro. The negotiators seem to have
forgotten them. Not only does the name, Bangsamoro, give
the impression that the region is exclusively for the Muslims
(there are about the same number of Christians and lumad
as Muslims in the proposed Bangsamoro), its administrative
and judicial systems, and especially its police force, will be
predominantly Muslim. The Christians and lumad have
expressed fears that they may be persecuted by their
Muslim masters. If the Christians and lumad are
persecuted by their Muslim neighbors, who do they run to for
help when the police force, the courts and the regional
administration are predominantly Muslim?

cellular phones, household gadgets, etc., which have

enabled us to enjoy the comforts of life.

What they signed in Malacaang last Monday was not yet

the agreement that will finally bring peace to Mindanao after
four decades of war. But it is a good start in the long and
winding road to peace.
What they signed was only the agreement to a framework, or
agenda, or points of discussion, for future negotiations until a
final peace accord is reached. It may be a long rough road,
or a short paved one, depending on the sincerity of each
side, but the deadline they set for themselves is three years
before President Aquino bows out of office. P-Noy
obviously wants to present to the Filipino people the final
peace agreement as the crowning glory of his administration.
But such a deadline, and such a motive, may put P-Noys
negotiators at a slight disadvantage. As the deadline
approaches, MILF negotiators may become more stubborn
and push their more sticky proposals. And P-Noys
negotiators may be forced to bend backward too far in their
desire to present their boss with a trophy as a going-away
gift.
There are many difficult issues yet to be discussed. ExAmbassador to Egypt Macabangit Lanto, also former
representative of Lanao del Norte and Speaker of the ARMM
Regional Assembly, as well as Quezon Rep. Erin Taada,
explained these difficult issues last Monday at the Kapihan
sa Manila at the Diamond Hotel.
Among the most difficult is the question of the possession of
guns. The members of the MILF want to retain their highpowered firearms with which they have killed many
government soldiers; the government wants the national law
on the possession of firearms to also apply to the proposed
Bangsamoro. This is very difficult because it is said that
Muslims would rather give up their wives but not their guns.
Another problematic issue is the desire of the MILF warriors
to be integrated into the Philippine National Police. The
government is agreeable provided the warriors attend and

Then there is the issue of territory. The proposed

Bangsamoro will be expanded from the present Autonomous
Region in Muslim Mindanao with the addition of more
barangays and municipalities. I understand that the final
peace agreement, including the Basic Lawwhich is
another name for a constitutionand the new territory will be
submitted to the people of the region in a plebiscite. It is not
known whether the plebiscite on the new territories will be
submitted only to the people of these new territories or to the
whole Bangsamoro region.
If it is the latter, then the votes of the people of the new
territories, where there are many Christians and lumad, will
be buried by the votes of the old ARMM. Christians ask:
Shouldnt this issue of the new territories be voted upon only
by us who are directly affected, while the whole issue of the
peace agreement is submitted to the whole Bangsamoro
region in a plebiscite?
And what is the purpose of submitting that issue to the whole
Bangsamoro instead of only to them? they add. If the people
in the new territories vote No, then it is assumed that they
will be excluded from the Bangsamoro homeland. But what
about the areas already included in the ARMM? If they vote
No, will they be allowed to secede from the ARMM or the
Bangsamoro?
Then there is the issue of the judicial system. Will the
Christians be governed by the Shariah (or Muslim) law, or by
Christian laws?
Ambassador Lanto and Congressman Taada tried to
explain these contentious issues but they confessed that
they do not have all the answers and that future talks would
thresh that out.
On the controversial P80-billion coco levy fund, Taada said
it lost P24 billion when the Presidential Commission on Good
Government, which holds the sequestered shares in some
private corporations, agreed to the downgrading of the fund
shares in San Miguel Corp. from common shares to
preferred shares. Common shares generally have higher
value than preferred shares, but the PCGG said it wanted to
avoid losing more if the value of the common shares drop.

What to do with what is left of the coco levy fund is another

sticky issue. (The coconut levy was imposed during the
Marcos administration and collected from coconut farmers
for every kilo of copra they sold. The levy funds were
invested in shares of SMC when the latter was headed by
Eduardo Cojuangco, a crony of Marcos.)

and taken a number of innocent lives. War clouds are

looming large. We were almost on the brink of war, but it
seems to have been stalled for the moment.
Yes, the world has seen a lot of war. But has it solved any
problem? I firmly speak for the proposition 'Wars Always

Some coconut farmers groups want the money to be

refunded to them. But some sectors fear that the farmers
may only squander the money on nonproductive things.
They prefer that the fund be used to improve the ailing
coconut industry so that the farmers will earn more, Taada
said. Taada comes from Quezon province, where the
biggest coconut plantations are situated and from where
come the biggest number of coconut farmers.

Create More Problems Than They Solve'. Wars have left in

their wake only death and destruction. The feelings of
enmity, hatred, jealousy and greed that cause war have still
remained. Children have become orphans, people maimed,
entire cities have been destroyed, large areas of fertile

You are participating in an interschool debate competition.

agricultural land have been laid barren, many have become

The topic is 'Wars Always Create More Problems Than They

refugees, large numbers have lost their livelihood and sunk

Solve'. Here are some points for and against the proposition.

into poverty. These are the legacies of war. Wouldn't my

Use them and your own ideas to write out the debate script.

worthy opponents agree with me that war has certainly

created more problems than it has solved?

For

Against

Let us take a more concrete example. India and Pakistan

have already fought three wars. Including the Kargil war, the
Is no solution
to disputes
nations
number
amountsand
to disagreements
four. But hasbetween
it solved
the basic
for it
problem? No, an emphatic no. The enmity and distrust
Patriotism-a freedom struggle
Causesbetween
blood shed
theand
twodestruction
nations continues. Isn't it true that if both
the countries shared a peaceful relationship, both would
Protect and defend our borders, resources, our territory,Scarce resources used up for war-economic development suffers nuclear war-can destroy
have benefited? Instead of spending large sums on defence
religion
world and nuclear weapons, they could have spent it on fighting
out poverty, hunger and illiteracy. This would have made a
Fight it out and settle the dispute once and for all
The real war should be against poverty, exploitation, hunger, illiteracy
real difference in the lives of the people of both the countries
- two of the poorest in the world. So, isn't it clear that war
only brings problems and doesn't solve any?
Remember to choose only one side of the argument - 'For' or
No one wants it, but if the necessity arises we must be ready

'Against'. Do not mix up the two. Also, your arguments

should be as forceful as possible, persuasive and logical.
But never ridicule or abuse your opponents in any way.

Model Answer
Back to Top

I sincerely feel that dialogue and negotiations are the only

way to solve disputes between nations or even communities
within a nation. It is better to spread the language of love,
peace and understanding instead of sowing seeds of hatred
and violence in children. If heads of State and religious
leaders sat face to face, thrashed out the problem, made a

Good morning Respected Judges, my honourable opponent

genuine and sincere effort to find a solution, made the

and members of the audience. I am _______ for ________

necessary compromises without having any ego hastles,

school and I'm going to speak for the topic "Wars always

then most of the disputes could be solved. I reiterate once

create more problems than they solve".

again - refrain from war, war once started may go on and on

The world has already faced two World Wars. It has been
through Cold war. There has been the Korean war, Vietnam
war, Bosnian war, and the Israeli-Palestinian war, which still
continues. Now, there is the added dimension of terrorism
and suicide bombers. We have witnessed the destruction of
the WTC Towers and the war against the Al Queda and
Taliban in Afghanistan. At home, terrorism has rocked the
Jammu and Kashmir Assembly, our Parliament in New Delhi,

and create a host of problems.

Thank you.
Debating has long been a vital part of American education.
Training in debate improves valuable analytical and speaking
skills, and enables the discussion of important issues,
whether scientific, historical, religious or political. It
contributes to the intellectual and ethical development of its

participants by challenging them to make defensible

judgments in which they must critically investigate complex
issues, question given assumptions, evaluate the reliability
of data and consider alternative perspectives. Debate
stimulates and refines communication skills that empower
individuals to speak for themselves, to discover and use their
own voices. But most students debate because it is also fun.
Debating provides a unique intellectual challenge and
excitement, as Malcolm X reflected in his Autobiography:
Standing up there, the faces looking up at me, the
things in my head coming out of my mouth, while
my brain searched for the next best thing to follow
what I was saying, and if I could sway them to my
side by handling it right, then I had won the
debate--once my feet got wet, I was gone on
debating.1
Academic debate takes many forms, some highly
specialized and others less formal, some that emphasize
research and prepared arguments, and others that stress
extemporaneous
speaking
and
analytical
skills.
Parliamentary debate has long been the predominant form of
competitive academic debating in most English-speaking
nations. It is now the most widely practiced type of
intercollegiate debate in the United States and many
American secondary and middle schools have also begun to
develop parliamentary debating programs. This guide
explains the formats and procedures of parliamentary debate
for use in classes, public debates, and competitive
tournaments.
Based loosely on the deliberative discussions of the British
House of Commons, parliamentary debate is lively and
audience-oriented. The House of Commons, unlike the U.S.
Congress, permits no written speeches from its members.
Similarly, no speeches, briefs, or quotations are read in
parliamentary
debates.
The
debaters
speak
extemporaneously in parliamentary competition, using only
the notes they have made during the debate and preparation
period.
Parliamentary debate differs from other forms of competitive
debate in several additional ways. Parliamentary debates
are more oratorical, witty, and accessible to general
audiences. They are shorter than traditional policy debates,
making them well-suited to classroom use. Parliamentary
debates have relatively few rules; they feature less jargon
and fewer theoretical arguments. The rules of parliamentary
debating are primarily designed to ensure that debates are
evenly matched and enjoyable. Because parliamentary
debating is less technical than other forms of debate and
easier to learn, most students are able to begin debating in
this format almost immediately.
Formats
The specific formats, rules and conventions of parliamentary
debating vary in different nations and leagues.2 One of the
virtues of parliamentary debate is its flexibility. Speaking
times. numbers of speakers, judging and other elements of
the debate format may be altered to accommodate particular
needs
and
purposes.
In competitive parliamentary debating, each round of debate
has a different topic announced just before the debate
begins. The amount of preparation time varies, allowing from
ten minutes to (in British secondary school tournaments) one
hour of preparation between the announcement of the topic
and the beginning of debate. 3 Fifteen minutes is the most
common
allotment.

During preparation time, the participants analyze the

proposition and outline their major arguments. They ask
themselves: What does this proposition mean? What
important issues are raised by it? How may it be affirmed or
denied? What examples and events are relevant to its
discussion? The answers to these and other questions will
serve as the foundation for the government case and
prepare the opposition for its refutation. Some tournaments
and competitive leagues permit the use of dictionaries, texts
and other prepared materials during preparation time. Others
limit or even prohibit coaching and use of prepared materials
prior
to
the
debates.
The first speaker for the proposition must use some of the
preparation time to organize the main issues of the case into
a logically complete and persuasive form to convey the best
possible impression of the their case. The first speaker
therefore uses preparation time to arrange the essential
elements of the case into a brief outline. The argument
outline should clearly bring the major elements of the case
into relation with each other and constitute a complete case
on
behalf
of
the
motion.
A standard American tournament format for parliamentary
debate consists of six speeches:
First proposition constructive speech 7 minutes
First opposition constructive speech 8 minutes
Second proposition constructive speech 8 minutes
Second opposition constructive speech 8 minutes
Opposition rebuttal 4 minutes
Proposition rebuttal 5 minutes
The speakers for the proposition (sometimes called the
government), open and close the debate in defense of the
motion. Unlike other forms of American team debate,
parliamentary debate features just one rebuttal per side. The
rebuttal is given by the first constructive speaker for each
team.
The presiding officer of each debate is the Chair, or Speaker
of the House (usually a judge or moderator). The Speaker of
the House manages the debate, recognizes the speakers,
and rules upon any disputes that arise in the course of the
round.4 The Speaker introduces each debater in turn. There
is no preparation time between speeches. After one speech
is finished, the Speaker of the House calls upon the next
debater to proceed.
In most American tournament debating, there are two
persons on a team, with one person on each team speaking
twice. Public debates often feature three-person teams, with
a different person giving each speech in the debate. Threeperson teams allow more people to participate and provide
more variety for audiences.
Topics
Parliamentary debates may either have set topics, known
days or weeks in advance of the debate, or be conducted
extemporaneously. In American parliamentary debating, set
topics are used primarily for one-on-one debates between

two schools and for public debates, so that the topic can be
announced and publicized. Set topics permit advance
research, brainstorming and practice debates. In the debates
themselves, however, minimal notes are used and no
speeches or briefs are read. Written quotations are used
sparingly or not at all. Parliamentary tournament debating is
generally extemporaneous., with a different topic announced
a few minutes before each round. 5

the case. On the other hand, as the authors of the EnglishSpeaking Union's guide to secondary school debate in Great
Britain explain, "intelligent and straightforward definitions are
expected and rewarded" by adjudicators.6 In parliamentary
debate, the linkable motion is generally less important than
the case, which must provide the basis for a good, evenly
matched, debate.7
Speaker Style and Responsibilities

Most propositions in parliamentary debate begin with either

the phrase "Be it resolved that. ." (often abbreviated as
"B.I.R.T.") or "This House believes. . ." (or "This House would
The "House," unless otherwise specified by the first
proposition speaker, refers to the judge(s) and audience
attending the debate, who serve as a deliberative
parliament. The proposition or topic in a parliamentary
debate
is
usually
referred
to
as
the motion.
Two types of motions are commonly used in American
parliamentary
tournament
debating: straight motions
and linkable motions.
Straight motions are meant to be debated literally. They may
be drawn from current events (e.g., "Be it resolved that the
United States should lift its economic sanctions against
Cuba"; or "This House would support the admission of
Russia to N.A.T.O."), or they may be broader statements of
historical judgment or philosophy ("Be it resolved that the
American dream has become an American nightmare"; "This
House believes that the United States has been more sinned
against than sinning"). Some motions require value
comparison("This House believes that the local is preferable
to the global"; "This House despises flattery more than
slander"). Such debates rely upon examples to prove or
disprove the proposition, but the proposition itself is still the
focus of the debate. In motions used for tournament
competition, the proposition team is sometimes permitted to
choose which side of a given issue it will defend (e.g., "The
United States should/should not extend Most Favored Nation
trade status to China"). Their choice is announced at the
beginning
of
the
debate.
Linkable motions need not be debated literally, but may
instead be linked to specific policy proposals selected by the
government team and not known by the opposition until the
first constructive speech is heard. A linkable motion may be
drawn from a pithy quotation ("B.J.R.T. It is better to die on
one's feet than to live on one's knees") or a song lyric
("B.I.R.T. freedom's just another word for nothin' left to
lose"). The proposition team may define the terms of the
motion in most any way they choose, generally linking the
abstract motion to some specific controversy through the use
of metaphors. For example, the last topic ("freedom's just
another word ) might be linked to a case statement in favor
of
restoring
the
eligibility
of
legal
immigrants (who came here seeking "freedom") for welfare
benefits (without which, they have "nothin' left to lose"). The
topic "it is better to die on one's feet might be linked to the
case statement that "the United States should not extend
Most Favored Nation status to China," arguing that America
should "stand up" for its principles rather than remaining on
its
knees
to
placate
China.
The link between the motion and case is often quite loose,
although some leagues and tournaments insist upon tight
links. Topicality arguments, common in other forms of
American competitive debating, are highly unusual in most
parliamentary debating leagues, in part because they are
regarded as less interesting than talking about the issues of

Although adjudicators of parliamentary debates generally

pay more attention to content and strategy than to style,
speaking skills do receive more attention in parliamentary
debate than in most other forms of debate competition. Good
parliamentary debaters speak at a rate of speech
comprehensible to the layperson untrained in debate.
Physical and vocal delivery, humor, passion and
persuasiveness are important elements of parliamentary
debating. A parliamentary debater should maintain eye
contact with the audience and develop a speaking style that
is
fluent
and
expressive.
Parliamentary debaters do not read written speeches, briefs,
or evidence. Instead, parliamentary debaters speak from a
few notes that record the arguments that other speakers
have made in the debate and outline their own main points.
Each of these points should be signposted, explained,
supported by relevant facts and examples, and given impact.
Because there is no preparation time between speeches,
parliamentary debaters must learn to think on their feet,
adding and elaborating upon arguments while speaking.
Each speaker position in parliamentary debate also involves
specific responsibilities for the discussion of the motion.
First

speaker,

proposition

The opening speaker establishes the framework for the

debate and establishes a logically complete case for the
proposition. This involves an expository presentation in
which the speaker may define any ambiguous terms of the
motion, interpret the motion through a clear case statement,
offer a history of the issue in controversy, and disclose any
limitations for the discussion. After such preliminaries, the
first speaker should state and support the main arguments of
the
case.
Interpretation of the motion. The motion should mean the
same thing to all participants in the debate. To that end, the
proposition team has the responsibility to clarify the ground
for debate by defining any distinguishing, technical or
ambiguous terms of the resolution. Debates in which
ambiguous terms are not clearly defined in the opening
speech often go astray, lacking clash and clarity. A debate on
welfare reform, for example, in which the opening speaker
failed to explain what the government meant by '~welfare"
(food stamps or farm subsidies?) and 'reform" (abolish,
reduce or expand?), for example, would probably be a waste
of time. Clear definitions permit clear debate.8
In addition to defining any unclear terms of the motion, the
first speaker should offer a concise case statement. The
case statement should plainly express the government's
interpretation of the motion in one sentence, such as "federal
income tax should be set at a flat rate" or "high schools
should not conduct warrantless searches of student lockers."
The wording of the case statement is very important; it will
frame the discussion and determine the relevance of
arguments. It should be carefully transcribed by ail
participants in the debate. Once presented, the case

statement

may

not

be

changed.

The case statement should clearly advance a controversial

claim, capable of affirmation and denial, susceptible to proof
and disproof. The case statement can be based on a narrow
construction of the motion or an understanding that is
creative, unusual or enterprising. Any narrow construction
should have a link to the resolution or serve as an
appropriate analogy for the motion. In support of the motion,
"This House would expand N.A.F.T.A.," for example, the
government might define "This House" as the government of
Chile and "expand N.A.F.T.A." as the adoption of internal
economic reforms likely to secure Chile's admission in the
North
American
Free
Trade
Agreement.

defense may file a motion for dismissal if the prosecutor has

failed to provide a well-substantiated case for conviction.
Similarly, the first speaker for the proposition has the burden
of establishing a case for the motion. As Raymond Alden
explained in his 1900 treatise on The Art of Debate, there is
an "obligation resting upon one or other parties to a
controversy to establish by proofs a given proposition, before
being entitled to receive an answer from the other side." This
responsibility rests, he concluded, "upon the side that would
be assumed to be defeated if no progress at all were made
in the consideration of the case."9 The government's burden
of proof is met through the presentation and support of its
major
arguments,
or
case.
The

Here is an example of how the first proposition speaker

might provide definitions and case statement for the motion,
"This House would further restrict free speech":
We support the motion, "This House would further
restrict free speech." By "free speech." we mean
currently legal expressions that vilify groups of
involuntary association (that is, race, gender, and
ethnicity). We believe that public high schools in
the United States should adopt hate speech codes
prohibiting speech that vilifies groups or
individuals on the basis of their race, gender or
ethnicity.
The government must, at the beginning of the debate, define
the motion and provide a clear and debatable statement of
their
position.
Providing Opposition ground. The duty of the proposition
team is to provide the basis for a good debate. The first
speaker must accordingly present a case that is highly
debatable. This requirement is very different from other
forms of competitive debating, in which the affirmative team
attempts to secure a strategic advantage by devising a case
that is so strong and so obscure that the other side will have
nothing of consequence to say against it. In parliamentary
debate, however, this approach is unacceptable.
The first proposition speaker must provide a case against
which there are strong and principled arguments. Some
interpretations of a motion do not provide for effective
debate. The government's interpretation must not constitute
a truism, a claim (e.g., "Murder is reprehensible") that no
reasonable person would oppose. In parliamentary debate,
the opposition may argue that a given case is not sufficiently
debatable. The second proposition speaker is then expected
in the next speech to demonstrate that strong opposition
arguments do exist, or else lose the decision.
Moreover. the case must not require specific knowledge to
debate. Because there is no opportunity to research the
case topic prior to the debate, cases must concern issues
with which the opposition could reasonably be expected to
be familiar, or sufficient background information must be
provided at the beginning of the first proposition speech to
make
strong
Opposition
possible.
Burden

of

proof

In most debates, the first proposition speaker supports the

motion by advocating something new, challenging
established ideas, or attempting to settle an issue in public
controversy. It is the obligation of the person who affirms the
motion to prove the case. In a criminal court case, the

case.

The first proposition speaker should establish interest in the

motion and case through an introduction. The introduction
should demonstrate the timeliness of the case, perhaps by
recounting a recent story or contemporary context for the
controversy. A case for the abolition of capital
punishment might be introduced by recounting the story of a
recent or pending execution, for example. The introduction
should persuade the judge and audience that the issue is of
importance
and
interest
to
them.
After providing necessary definitions and a clear case
statement, the first proposition speaker should outline from
two to four major points in support of the case statement.
Each of these points should be signposted as clearly and
concisely as possible. Each point should be fully explained
and supported by examples, complete in itself and distinct
from the other main issues. In support of the motion, "This
House believes that good things come to those who wait,"
for example, the government might argue that the "good
thing" is the burial, after seven decades of waiting, of the
body of Vladimir Lenin. Lenin's preserved corpse has been
on public display in Moscow since his death in 1924. In order
to make this case debatable, the first speaker would be
expected to provide sufficient background information.
To support the case statement that Russia should bury
Lenin, the government might offer three main points. By
burying
Lenin,
Russia
will:
I. Bury an obsolete symbol of the communist past;
II. Save the enormous expense of storing the body; and
III. Fulfill Lenin's own wishes for the disposal of his remains.
Each of these points would be supported with reasoning,
facts, stories and illustrations. The first proposition speaker
should also explain why each of these arguments is
significant; why, for example, it is important that one should
have control over the disposition of one's own body after
death.
In support of the motion, "This House would abolish capital
punishment," the first speaker might offer the following major
points:
I.
II.

The

death

Innocent

penalty
people

fails
are

to

deter

executed;

crime;
and

III. Capital punishment is discriminatory by race and class.

The first speaker should offer a complete and compelling
case for the motion. The opening speech should be

concluded by a restatement or summary of the main points

of
the
case.
First

speaker,

opposition

The duty of the opposition is to provide clash, promoting a

choice between the proposal advanced by the proposition
team and some other course of action or position. The
Opposition should make clear why the motion before the
house
should
be
defeated.
The job of the Opposition in extemporaneous debate is very
challenging. When a linkable resolution is used, the
opposition will often have no idea of what the proposition
team 5 case will be until the first speaker begins. But the
Opposition's job is made easier by the requirement that the
proposition team advance a case that provides strong and
principled ground for the opposition. If the proposition team
has met its burden, the opposition should be able to discover
good
arguments
on
first
hearing
the
case.
The Opposition speaker may choose to contest the
definitions or case statement that the government has
established for the debate. If these are not disputed in the
first Opposition speech, they are presumed to be tacitly
accepted for the remainder of the debate. Definitions should
only be disputed when the fairness and debatability of the
proposition are at stake. Debates that center on definitional
disputes are almost always less enjoyable than those that
center
on
the
issues
of
the
case.
The first opposition speaker attempts to weaken or nullify the
case for the proposition, usually by refuting the main points
of the case. This is called direct refutation. The Opposition
analyzes the first proposition speaker's arguments, pointing
out logical fallacies, factual inaccuracies or inconsistencies
in the main lines of proof. The first Opposition speaker
should also identify any of the common errors of case
construction that the proposition team has committed,
including ignored exceptions to case examples, the improper
combination of arguments, and overdrawn conclusions.
The opposition is not obliged to dispute or disagree with
every argument, or even every main point, of the proposition
team's case. In fact, many debaters miss important
Opportunities for winning arguments because they feel
compelled to negate each of the ideas their Opponents
introduce. It may be to the advantage of the opposition to
agree with or concede one or more elements of the
proposition team's case. An opposition speaker may choose
to agree with an argument by the team defending the
proposition in order to simplify or focus the discussion on
more salient issues, to reveal a contradiction or
inconsistency, or to use an argument from the proposition
side to support the opposition's position. A speaker should,
however, address the vital issues of the other side, whether
by strategically agreeing with them or contesting them.
Although the Opposition often defends existing policies
against the proposition team~s proposal for change, the first
Opposition
speaker
may
choose
to
present
a countercase,defending a new course of action mutually
exclusive with that presented by the proposition.10 The
countercase is often designed to address a problem area
identified in the case. For example, on the topic, 'This House
believes in pacifism," the proposition team might support a
position of complete military nonintervention. Rather than
defending current patterns of military intervention, the
Opposition might instead defend a position of limited or
conditional intervention -- supporting intervention only
against overt acts of territorial aggression or only in

cooperation with multilateral Organizations, for example. The

countercase is not a defense of current national security
policy, nor is it compatible with the proposition team's
complete prohibition of military intervention. The proposition
team's case maintains a universal principle of
nonintervention, while the opposition case allows selected
use of military intervention. The countercase is designed to
resolve many of the examples of bad military intervention
cited in the proposition case and to provide the Opposition's
own
worthy
exceptions
to
the
motion.
Second

speakers,

proposition

and

opposition

The second (also called 'member") constructive speeches

for each side have similar responsibilities. They should
effectively refute the important arguments of the opposing
side and amplify the strong arguments initiated by their
colleagues. The member speeches are the last for each side
in the debate in which new arguments and issues may be
introduced.
The member speakers should concentrate on sustaining the
core arguments for their side. The second speaker for the
proposition should advance the main lines of the case
presented in the opening speech so that they cannot be
convincingly disputed in the remaining speeches. To this
end. the second proposition speaker should refute all
important objections presented by the preceding opposition
speaker and provide new examples or other forms of
additional support for the main points of the proposition
team's
case.
The second speaker for the opposition may support the
objections of the first Opposition speaker, present additional
objections, defend and expand the opposition's countercase
if one has been presented, and evaluate inconsistencies
between the arguments of the first and second proposition
speakers. For both second speakers, the primary duties are
extension and amplification--ensuring that all major issues
for both sides have been covered and that the important
arguments for their side have been expanded with additional
support.
Rebuttals
Most good debates are won or lost in the rebuttals. The
rebuttals are the summary speeches for each side of the
debate, the last opportunity each side will have to explain
why they should win. Rebuttals are a final opportunity to
contrast the major positions and philosophies of the
proposition and opposition. Skilled rebuttalists in
parliamentary debate do not attempt to cover every minute
issue that has been discussed in the debate, but rather to
deal in depth with those issues that will have a substantial
bearing on the decision to uphold or defeat the motion. The
shorter time of rebuttal speeches necessitates selectivity.
Rebuttalists should paint the "big picture" of the round,
sorting out the decisive issues from those that are less
important.
New arguments may not be introduced in the rebuttal.
Arguments presented in the rebuttal must have a foundation
in the constructive speeches. The proposition rebuttalist is
entitled to answer new arguments made in the second
opposition speech, because the final rebuttal is the first
Opportunity that the proposition team has to refute these
issues.
The opposition has the first rebuttal speech. This speech
should offer an effective summation of the main issues of the

debate, demonstrating how important points for the

opposition undermine support for the motion. The opposition
rebuttalist should carry through important issues from the
constructive speeches, illustrating the significant dimension
of each issue in qualitative or quantitative terms. The
opposition should generally avoid "putting all its eggs in one
basket" by offering several independent reasons to reject the
motion.
The proposition has the final speech in the debate. This
speech should summarize the entire debate from the
perspective of the proposition, focusing the discussion on a
group of powerfully unified ideas. The final rebuttalist should
extend the important arguments from the constructives, offer
multiple, independent proofs of the motion, and contrast the
main arguments of the Opposition with those in favor of the
motion.
Points
In parliamentary debate, a debater may rise to make a point
while
another
person
is
speaking. There are three types of points that may be
made: points
of
order,
points
of
personal
privilege, and points of information. Points of order and
points of personal privilege are rarely used and should be
reserved for important violations of debate protocol. Points of
information are a regular part of most parliamentary debates
and are much more common than the other two.
Points of order.
One may rise to a point of order when a member
of the other team has violated the rules for
debating. There are few rules in parliamentary
debate, so a point of order is usually called only
when (1) an opponent has introduced a new
argument in rebuttals or (2) an Opponent has
gone significantly Overtime.
A point of order is addressed to the Speaker of the
House. The person making the point rises from his
or her seat, interrupts the person speaking,
saying, "Madame/Mr. Speaker, I rise to a point of
order," and then states the violation. The clock is
stopped while the point of order is under
consideration. In most parliamentary competition,
a point of order is not debatable; the Opposing
team is not permitted to comment upon it. 11 The
Speaker of the House rules immediately upon the
completion of the point and says, "Point well
taken," "point not well taken," or "point taken under
consideration," if no immediate ruling is possible.
The Speaker of the House may take the results of
the point of order into account in their
deliberations, penalizing the team or speaker that
has committed the violation.
Points of personal privilege.
A debater may rise to a point of personal privilege
during an opponent's speech when his or her
position or argument has been seriously misstated
by the Opposing speaker. A point of personal
privilege is addressed to the Speaker of the
House, who then rules upon it. A point of personal
privilege is not debatable.
Points of information.

Points of information are a dynamic and enjoyable part of

parliamentary debate. They take the place of the crossexamination periods used in other American debating
formats. Unlike cross-examination, however, points of
information are raised during the speech of the person
questioned. The point of information is a brief rejoinder
(fifteen seconds or less) to the point then being made by the
person speaking. It may be a concise statement or a pointed
question. A point of information is also sometimes used for
purposes of clarification. Unlike the point of order or personal
privilege, the point of information is directed to the person
speaking rather than to the Speaker of the House.
To make a point of information, the debater rises, faces the
person speaking and signals his or her desire to speak.
either verbally (saying, for example, "Point of information,
Madame/Mr. Speaker!" or "And on that point, Madame/Mr.
Speaker") or nonverbally, by holding a hand out. The person
speaking may then allow the point to be stated or refuse to
take the point. If the person speaking declines your point,
you must sit down. If recognized, you make the point and
then sit down. The speaker then responds to the point and
continues her or his speech.
Points of information are not permitted during rebuttals. Nor
are they allowed during the first or last minute of any
constructive speech. The timekeeper should offer a signal
(using a bell or a knock on the table, for example) at the end
of the first minute and at the beginning of the last minute of
each constructive speech. Points of information are
permitted only between these two signals.
Each constructive speaker in the debate should both offer
and accept points of information. A speaker who declines to
accept any points may seem to fear the opponent s
arguments. On the other hand, a speaker who accepts too
many points of information loses control of his or her speech.
Usually, a constructive speaker will accept two or three
points of information. Points of information are an integral
part of parliamentary debating. The English-Speaking
Union's guidebook explains that "offering points of
information, even if they are not accepted, shows that you
are active and interested in the debate. Accepting them
when offered shows that you are confident of your
arguments and prepared to defend them. A team that does
neither of these is not debating."12
Types of Cases
There are several distinct types of cases in parliamentary
debate. Some are similar to those used in other forms of
debate, others are quite different. Because the proposition
team is given great latitude in its selection of cases, debaters
have the opportunity to discuss issues of particular interest
for them, whether drawn from current events, sports, popular
culture, literature, science, history or ethics, for example. So
long as the case provides the basis for a good debate, the
proposition team on a linkable motion may talk about
virtually anything. The most common forms types of cases
used with linkable motions are these:
Current national or international policy controversies
Russia should be admitted to N.A.T.O
The U.S. should end its embargo of Iran.
Nepal should close Mt. Everest to climbing.
Local controversies of broader interest
Dade County, Florida should permit concerts by Cuban
musicians.
The Eye of the Needle (a 200-foot natural sandstone arch in
Montana destroyed by vandals) should not be repaired.
Sports and popular culture disputes
Baseball should eliminate the designated hitter.
Vinyl records are better than compact disks.
Literary cases
You're Cinderella. Don't marry the prince.

You're Dorothy. Don't go back to Kansas.

Personal decisions
You should not eat meat.
You're the parent of a five year-old boy. Don't buy toy guns
for him.
Time-space cases
Time-space cases stipulate an alternative identity for the
adjudicator (as a specific person, group, or Organization)
and an alternate time and/or place at which the debate is
conducted.
It's August 6,1945, and you're Harry Truman. Don't drop the
atomic bomb on Hiroshima.
It's June 1936 and you're Franklin Roosevelt (or,
alternatively. the U.S. Olympic
Committee). Boycott the Berlin Olympics.
When debating a time-space case, the participants must
restrict themselves to arguments based on what was known
at that time and not on later events. A debate on the
Hiroshima topic. for example, could not include the fact that
the war would end within two weeks of the bombing.
Similarly, the Olympics debate could not include details that
only became known after the specified date, such as the
number of medals that African American track star Jesse
Owens would eventually win in the 1936 games. Time-space
debates must be restricted to what was known at the time
and, if an individual persona (such as Harry Truman) is
assigned to the judge, to the attitudes and
interests of that historical figure. Time-space cases are used
both in competitive parliamentary debates and as a
classroom exercise for the discussion of historical events
and figures.
Floor Speeches
In public parliamentary debates and in the final rounds of
tournaments, floor speeches by members of the audience
are sometimes permitted between the constructives and
rebuttals. A floor speech is a brief address (often limited to
one minute) offered in support of the proposition, the
opposition, or some third position (a "cross-bench"
speech).~3 At the conclusion of the constructive speeches,
the speaker of the house calls for speeches from the floor.
The speaker of the house may begin by asking for a floor
speech in favor of the government, then ask for one in favor
of the opposition, and continue to alternate. The speaker of
the house may close the floor after a certain number of
speeches have been delivered for each side, or after some
set period of time (usually ten or fifteen minutes). The
speaker of the house then calls upon the opposition
rebuttalist
to
begin.
Good floor speeches are limited to a single important point.
The floor speaker may address some point that has already
been raised in the debate, or introduce a new point that has
not been raised in the constructive speeches. The
rebuttalists should take important points raised in the floor
speeches into account, respond to them when necessary
and
use
them
when
possible.
Floor speeches add a great deal to debates. They permit
more people to participate and increase the diversity of
perspectives on issues considered. They are a
good Opportunityfor novice debaters to offer brief speeches
(a less intimidating prospect than being asked to deliver a
full-length debate speech) and for experienced debaters to
think about what one issue could win the debate for their
side. They transform passive listeners into active participants
in the debate, more attentive and engaged during the
principal speeches.

This is a brief guide for students and teachers who are new
to debating (a copy of this information can be downloaded by
clicking on Brief Guide to Debate in the attachment section
below).
What is a debate ?
A debate is an argument about a topic or resolution. It is
conducted according to a set of rules designed to give each
side a fair chance. Normally there are two debaters in favour
and two debaters against.
What is parliamentary debate ?
A parliamentary debate is a debate that follows rules similar
to those used in parliament. The side in favour is called the
government and consists of the Prime Minister and the
Minister of the Crown. The side against is called Her
Majestys Loyal Opposition and consists of the Leader of the
Opposition and the second Opposition speaker, also known
as the Shadow Minister or Critic. The government is NOT the
current Canadian or Manitoban government. The person
chairing the debate is called Mr or Madam Speaker and the
audience is called the House. The speaking order is Prime
Minister, followed by Leader of the Opposition, followed by
the Minister of the Crown, followed by the Shadow Minister,
followed by a two minute break, followed by the Leader of
the Oppositions rebuttal, followed by the Prime Ministers
rebuttal. Speeches are normally 3 to 5 minutes long and
rebuttals are normally 2 to 3 minutes long, although these
times can be altered. Speeches may be interrupted by
heckles (not allowed in the Junior section), points of order
and points of privilege. For more details, see the MSDA
Rules of Parliamentary Debate.
What is cross-examination debate ?
A cross-examination debate uses somewhat different terms
from a parliamentary debate. The side in favour is called the
affirmative and consists of the first affirmative and the
second affirmative, while the side against is called the
negative, and consists of the first negative and the second
negative. The debate is presided over by Mr or Madam Chair
and the audience is not called the House. Heckles, points of
order and points of privilege are not allowed in cross-ex
debate. The most important difference is that, at the end of
his/her speech, each debater is questioned by one of his/her
opponents. In Manitoba, cross-examination debate is used
only at the senior level. For more details, see the MSDA
Rules of Cross-Examination Debate.
What is a definition ?
The definition is a statement of what the resolution actually
means. For example in the resolution "Hockey is the best
sport", "Hockey" could mean professional hockey or amateur
hockey or high school hockey, and "best" could mean most
enjoyable to watch or most enjoyable to play. In order to
have a good debate both sides must be arguing about the
same thing, so it is essential to define the resolution. This
should be done at the start of the Prime Ministers speech. A
good definition is one which defines all of the terms and
which is debatable, i.e. not unreasonable or a truism (i.e.
something which is obviously true). You should define in
parts, i.e. break the resolution up into at least two words or

groups of words and define each separately. For example in

the resolution "Hockey is the best sport", you should break
the phrase up into two parts, i.e. you could define "Hockey"
and then " "is the best sport". You should then put the two
parts together and paraphrase your definition to make it
absolutely clear.
How should I deliver my speech ?
There are four keys to good delivery. The first is that you
should have good eye contact, which means looking up at
your audience. The second is that your voice should be
effective. This means that your tone and pace should be
appropriate and should vary. The third key is that you should
stand straight and should not shift from foot to foot or wave a
pen around. The final and most important key is that you
should sound and look confident, even if you do not feel
confident you will be amazed at how many people you
can fool.
How should I come up with my arguments if I am the
government ?
If you are arguing in favour of a resolution, just ask yourself
the question "Why". The answers will be your reasons. Each
debater should try to have two to three reasons. You should
then come up with two examples or pieces of evidence for
each reason. Examples can be real or hypothetical stories
that should contain a lot of detail. The detail will mean that
they will be more effective and will help to make your speech
longer. Evidence can be statistics, facts or quotes. You
should always state the source of your evidence. Good
sources include magazines, books and interviews with
experts.
How should I come up with my arguments if I am the
opposition ?
If you are arguing against a resolution, the process is similar
to arguing in favour of the resolution but you should ask
yourself "Why not" rather than "Why". When you are the
opposition you do not need to prove the opposite of the
resolution, although of course that would disprove the
resolution. You only need to prove that the resolution is not
generally true (i.e. that it is not true for some people or in
some circumstances), or that the governments reasons are
not valid.
How can I refute my opponents arguments ?
The first thing that you should do is to go back to the
definition and consider what the debate is actually about. If
you do this you may see that your opponents have missed
some important aspect or area of the resolution. The second
way to attack their argument is to attack their reasons and
show that they are irrelevant or insufficient (i.e. even if true,
they are not significant enough to prove the resolution) or
questionable (i.e. they are not true or are unproven).
What should I do in my speech ?
All speeches should have an introduction, a body and a
conclusion. In the introduction, you should state what the
government must prove ( if you are the Prime Minister, you
MUST define the resolution) and summarize the reasons
presented by both sides so far. In the body you should first

refute your opponents reasons, as well as defending your

partners, and then explain your own. In the conclusion you
should either give a summary of your reasons or you should
restate and emphasize your strongest reason.
What do I do in a rebuttal ?
In a rebuttal you are not allowed to introduce new
arguments. You may only bring up arguments that have
already been made by either side. This is to ensure that the
person who speaks last does not have an unfair advantage.
You should summarize and refute your opponents
arguments and restate your strongest reasons.

First Negatives (Leader of the

Opposition)Constructive Speech
Thank you Mme/Mr. Speaker.The
resolution before the house today is:
BE IT RESOLVED THAT HOMEWORK
MUST BE ABOLISHED.
We, the opposition, strongly feel that
this resolution will fall.Before moving
on to our points, I would first like to
refute some of thepoints introduced by
the Honorable Prime Minister
LISTEN TO WHAT THEY SAY AND TAKE
NOTES HERE:
1.Why its inaccurate, unbelievable,
false, or that youll deal with it later in
your speech.2.Why its inaccurate,
unbelievable, false, or that youll
deal with it later in your speech.
First Negatives (Leader of the
Opposition) Constructive Speech
Thank you Mme/Mr. Speaker.The
resolution before the house today is:
BE IT RESOLVED THAT HOMEWORK
MUST BE ABOLISHED.
We, the opposition, strongly feel that
this resolution will fall.Before moving

on to our points, I would first like to

refute some of thepoints introduced by
the Honorable Prime Minister
LISTEN TO WHAT THEY SAY AND TAKE
NOTES HERE:
1.Why its inaccurate, unbelievable,
false, or that youll deal with it later in
your speech.2.Why its inaccurate,
unbelievable, false, or that youll
deal with it later in your speech.
Now I would like to move on to some
of the oppositions points.We, the
opposition, feel that this resolution
should fall for these
fundamentalreasons:
1. First,homework is a vital and
valuable part of education.

2. Second,homework helps create

independent life skills. Now Mme/Mr.
Speaker, allow me to expand on our
first point.
1. Homework is a vital and valuable
part of education!
Homework extends study beyond
the school day. Itreinforces what
children learn in school and allows
them topractice, review, reflect and
make new meaning. In thisway,
homework allows for deeper learning
and a betteroverall education.
We have evidence