BA-ACT NO. 12 (The Bangsamoro Sports Commission Act of 2020.)

BILL NO.52

BANGSAMORO PARLIAMENT Republic of the Philippines

Bangsamoro Autonomous Region in Muslim Mindanao BARMM Compound,Cotabato City

BANGSAMORO TRANSITION AUTHORITY

(SECOND REGULAR SESSION)

BANGSAMORO AUTONOMY ACT NO.12

Begun and held in Cotabato City,on Friday,the 29th day of March,2019

ANACT CREATING THE BANGSAMORO SPORTS COMMISSION.PROVIDING FOR

ITS MANDATE,POWERS,AND FUNCTIONS,APPROPRIATING FUNDS

THEREFOR,AND FOR OTHER PURPOSES

Be it enacted by the Bangsamoro Transition Authority, in session, assembled:

Section 1.Title.-This Act shall be known as The Bangsamoro Sports Commission Act of 2020.

Section 2.Declaration of Policy.-The Bangsamoro Government shall promote physical education and encourage sports programs, league competitions, and amateur sports, including and excellence for the development of a healthy and alert citizenry. training for regional, national, and international competitions, to foster self-discipline, teamwork

encourage and support indigenous games, martial arts and amateur sports. It shall develop innovative and productive individuals, promote sportsmanship, cooperation

It shall further recognize the diverse cultures of the region and consider gender,culture, ano religious sensitivity

follows: Section 3. Definition of Terms.- As used in this Act, the following terms are defined as

a Sports- refers to an activity involving physical or mental exertion and skill in which an individual or team competes against another or others for entertainment

It includes all forms of competitive physical activity or games which through casual or

while providing enjoyment to participants, and in some cases, entertainment for spectators. Sports organized participation, at least in part aim to use, maintain or improve physical ability and skills

can bring positive results to one's physical health.

athleticism or dexterity. It is also generally recognized as system of activities which are based on physical or mental

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b Sports Advisory Council - is a council who give advices to the Chairman of the Sports

Commission regarding all matters relating to sport including capital expenditure priorities, allocation of grants to sporting societies, sports development, international competitions availability and use of sports facilities.

c) Indigenous Games -refer to recreational activities that originated from a particular cultural group, community or people. This creates many different versions of the

same game.Indigenous games are a very important part of a people's heritage and culture They preserve age-old traditions and stories of the people or group.

are games commonly played by children, usually using native materials or instruments. Their games' complexity arises from their flexibility to think and act. In the Philippines, Traditional Filipino Games or Indigenous Games (Laro ng Lahi

d Sportsmanship - is an ethical, appropriate, polite and fair behavior while participating in a game or athletic event.

commendable as in fair play, courtesy, and grace in losing. It is also a conduct and attitude of participants in sports, especially when considered

hereinafter referred to as BSCis hereby created pursuant to Section 20,Article IX of Republic Section 4. Bangsamoro Sports Commission. - The Bangsamoro Sports Commission

Region in Muslim Mindanao,with the mandate,powers and functions as hereinafter provided Act No. 11054 otherwise known as Bangsamoro Organic Law of the Bangsamoro Autonomous

The Chief Minister shall exercise general supervision over the BSC which shall have the status an attached agency to the Office of the Chief Minister.

Section 5.Nature of the Commission.-The Commission shall exercise corporate powers.It

amateur sports development programs and institutions in the Bangsamoro: Provided, That in the case of the school sports development program, the same shall be formulated and implemented by the Ministry of Basic. Higher and Technical Education (MBHTE with the assistance of the shall have a seal,may sue and be sued, and shall be the policy-making and coordinating body of all

Commission within the framework of the regional and national sports development program.

Section 6.Mandate.-The BSC shall formulate policy, promote,regulate,coordinate,and implement programs for sports. It shall also provide for system, support and assistance in the development of sports.It shall, as a policy,make sure that sports is a tool for peace and transitional justice.

Section 7.Composition.The BSC shall be composed of

a) A Chairman and four regular Commissioners from:

1.Province of Basilan including Lamitan City

4.Province of Sulu; and 3. Province of Maguindanao including Cotabato City and the 63 barangays of North 5.Province of Tawi-tawi 2.Province of Lanao del Sur including Marawi City Cotabato;

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b two ex-officio Commissioners representing:

2. Settler Communities. 1.Non-Moro indigenous peoples; and

Section 8.Appointment and Term of Office.- Except for the first appointees under this Act

of seven years. the Chief Minister shall appoint the Chairperson and the Commissioners of the BSC for a fixed term

The term of office of the Chairperson and the Commissioners shall start on the date of their appointment, which in no case shall be prior to the end of the term of their predecessors.

appointee therein shall not be eligible for reappointment except when the latter served less than two Appointment to any vacancy shall be only for the remaining portion of the vacated term and the

years of the unexpired term.

The two (2 ex officio Commissioners shall be designated by Chief Minister among the three nominees submitted each by the Ministry of Indigenous People's Affairs and the Office for Settler

Bangsamoro Autonomous Government possess the qualifications set forth by the immediately Communities.In no caseshall an ex officio member serve for more than seven (7) years.No person shall be appointed ex officio member of the Commission unless they are organic personnel of the

succeeding provision.

Section 9. Qualification.-No person shall be appointed as Chairperson or a Commissioner unless she possesses the following qualifications:

(b) (a A citizen of the Philippines; Must be of proven integrity,professional competence, probity,and independence; ( At least 21 years of age at the time of appointment

A resident of the Bangsamoro Autonomous Region for at least five (5) years prior to the date of appointment; (e Subdivisions he/she represents as provided in section 7 hereof; A registered voter in the Bangsamoro Autonomous Region of the Major Political

registered sport's organizations, or sport-serving organizations and/or institutions: Have occupied positions of responsibility and leadership in the government, duly and

g Have not been convicted of any crime involving moral turpitude

A majority of the Commissioners shall hold a bachelor's degree from recognized colleges or universities.

Section 10. Salary, Retirement, Benefits and Other Privileges.- The Chairperson shall receive a compensation equivalent to Salary Grade 28 along with the privileges,emoluments,and

Commissioners shall be entitled to per diems in attending official meetings and activities of the BSC. Salary Grade 27 along with the privileges,emoluments, and benefits attached thereto.The ex officio benefits attached thereto. The regular Commissioners shall receive a compensation equivalent to

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and functions: Section 11.Powers and Functions of the BSC. - The BSC shall have the following powers

a on Plan and Policy-Making:

1.Prepare the Bangsamoro Sports and Development Plan with the participation of

relevant ministries,agencies,offices and other stakeholders

2. recommend sports policies for legislations by the Parliament

3. undertake basic and applied research on sports development including the promotion

and preservation of indigenous sports; 4.conduct research that seeks to develop sports and promote, uphold,and protect the

rights and welfare of Bangsamoro athletes;

5. undertake research in making sports as instrument to fight against criminalities, drugs. and violent extremism; and as a vehicle for peace.

6.pilot special programs for the development of sports in the Bangsamoro for appropriate action by the Bangsamoro Government; 7. Make sports as a tool for peace and transitional justice.

(b on Coordination and Sports Promotion:

1. Coordinate and maintain linkages with the Philippine Sports Commission, National Sports Commission or organizations of other countries, and other local or foreign

non-governmental organizations whose main objective is sports promotion and development: 2.Coordinate with the Ministry of Basic,Higher,and Technical Education (MBHTE

regarding the Palarong Pambansa,BARMMAA and other athletic competitions

3. In coordination with the Bangsamoro Youth Commission, engage with organizations dealing youth, out-of-school youth, marginalized children, persons with disability, and other vulnerable sectors to develop their potential in sports

4.Convene appropriate sports bodies both from both public and private sectors

5 Assist in the establishment of regional, provincial, municipal, barangay, or school

and coordinate sports activities in their respective jurisdictions: district sports promotion and development councils, which shall initiate, conduct

6. Assist local government units (LGUs in promoting sports at the community level especially those included in the calendar of events of regional, national and

international competitions; 7.Provide technical assistance and capacity-building to relevant stakeholders;

8. Participate in the reporting to international bodies tasked to monitor the

implementation of sports programs;

0 Provide such incentives, recognition and awards to deserving athletes and other

persons and entities involved in or supporting sports development as may be permissible under the rules of amateurism;

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10. Refer specific cases of athletes needing assistance and interventions to concerned Bangsamoro Government agencies, national government agencies and other stakeholders; and as far as practicable, establish, supervise, manageand maintain fully-equipped sports facilities and centers in strategic places in the area of autonomy. c)on Regulation:

1. Impose sanctions upon any regional sports association, institution, association, body

entity,and team,including athletes and sports officials,for violation of its policies.

2. Accredit sports club and people's organizations operating in the Bangsamoro rules and regulations;

engaged in the protection and promotion of sports;

3. Acquire, procure and distribute sportswear,equipment, instruments, tools and other sports necessities necessary and required for training of regional pool of athletes;

4. Define and delineate areas of responsibilities in different sports competition of all

sectors involved in sports promotion and development; and

5. Monitor, assess and ensure compliance of Bangsamoro Government agencies with

the BSC may require all ministries, agencies and offices of the Bangsamoro the issued guidelines and implementation of their sports programs. For this purpose, Government to submit their sports plan and budget as well as regular reports on the status of implementation and utilization thereof:

(d To enter into contract in relation to their mandates

e To acquire, possess,and dispose of real and personal properties in furtherance of its

mandates;

f In close coordination with the Office of the Chief Minister (OCM),solicit and accept

grants, aid, donations and gift, in cash or in kind, or enter into agreements with any legitimate entity,local or foreign,consistent with its mandate subject to the limitations as set for under section 26, Article 12 of the Bangsamoro Organic Law.

g To acquire, use and control any land, building, facilities, equipment, instruments tools and rights required or otherwise necessary for the accomplishment of the purposes of the BSC:

(h Ensure the implementation by various government departments and agencies of their

sports promotion and development programs as indicated in their respective budgets

The BSC may perform any and all other acts incidental to the delivery of its mandate.

Section 12. Organizational Structure. -- The BSC shall have the following organizational structure:

(a Commission Proper

b Office of the Chairperson; and

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cOffice of the Secretariat.

Section 13.Commission Proper.-The Commission Proper shall consist of the Chairperson. four(4 regular Commissioners and two 2 ex officio Commissioners,sitting as a collegial body.It shall be the highest policy and decision-making body of the BSC and shall exercise the mandate and powers,and functions of the BSC as hereinafter provided. It shall transact its official business upon the decision of the majority with the presence of a quorum. A quorum shall be considered to

30 days from its first meeting. exist when a majority of the members are present. It shall promulgate its own internal rules thirty

Section 14. Presiding Officer.- The Chairperson shall preside over the meetings of the Commission. In his/her absence, the regular Commissioner most senior in the order of appointment shall preside.

conduct regular meetings every first and third Monday of the month at its principal office or at any other place it may determine. If it falls on a non-working day, the meeting shall be held on the following working day without a call. Special meetings may be called, for good cause, by the Chairperson or by any Commissioner. Section 15. Regular and Special Meetings.-The BSC,without need of prior call, shal

Section 16. Office of the Chairperson. -- The Chairperson shall ensure that the powers and functions of the Commission will be carried out.

the Chairperson, the regular Commissioner most senior in the order of appointment shall automatically assume as Acting Chairperson without need of appointment. Such acting capacity shall be automatically terminated upon the assumption to office of the newly appointed Chairperson. Section 17. Vacancy in the Office of the Chairperson.-In case of vacancy in the Office of

Section 18. Commissioners. - The powers and functions of the regular and ex officio Commissioners are limited to policy-making as members of the Commission Proper. The

in an official order, by the Chairperson as Officer-in-Charge. A Commissioner ean may also be Commissioners as such shall not exercise executive powers and functions except when designated

designated by the Chairperson as focal person for any mandated subject matter.

Section 19. Office of the Secretariat of the Commission. - There shall be an Office of the Secretariat of the Commission whose function is to assist and support the Commission Proper. It

divisions such as:(1) Policy, Research and Development Division;(2) Regulatory, Promotion and shall be headed by an Executive Director with Salary Grade 26.It shall be composed of three (3 Coordination Division; and (3 Financial and Administrative Division.

powers and functions of the Executive Director: Section 20.Powers and Functions of the Chief Executive Officer.-The following are the

a exercises administrative supervision over all officials and employees of the BSC except

the Commissioners;

b exercises personnel action of appointment, hiring, designation, reassignment, rotation secondment, detail, and disciplining. Provided that when the action involves the

Commission Proper; appointment or removal of personnel, it should be with the concurrence of the

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c exercises full supervision and oversees the implementation of all programs, projects services, and activities of the BsC

d represents the BSC in all its business transactions and signs, on its behalf, contracts,and

obligations, and such other documents made pursuant to a resolution of the Commission Proper; and

(e) performs such other powers as may be vested by the Commission Proper.

Development Division, which shall be headed by a Division Chief, with Salary Grade 25, shall Section 21. Policy, Research, and Development Division.- The Policy, Research and

assist the BSC in research,policy formulation, and development of sports in the Bangsamoro.It shall also develop knowledge, skills,abilities,tools. and technical approaches of the BSC.

Promotion and Coordination Division, which shall be headed by a Division Chief, with Salary Section 22. Regulatory, Promotion, and Coordination Division. - The Regulatory

the BSC.It shall also be responsible for sports education and training, programming, technical guidelines, compliance, monitoring and evaluation, and other related matters on regulatory power of Grade 25, shall assist the BSC in regulatory powers such as issuance of rules and regulations.

assistance,public information and production, coordination and cooperation, and linkages with other sports associations, commissions or organizations.

Section 23. Financial and Administrative Division. - he Financial and Management

support and assist the BSC on matters of budget, finance, planning, management, information technology, personnel, records, supplies and equipment, and other support and administrative Division, which shall be headed by a Division Chief, with Salary Grade 25, shall provide advice.

Services.

Section 24. Assistance by Bangsamoro Government Entities. - The BSC may call upon any Bangsamoro Government entity for assistance in the performance of its functions and duties. All heads of ministries, agencies, and offices of the Bangsamoro Government are hereby enjoined to render full assistance and cooperation to the BsC to ensure the attainment of its mandates.

Section 25. Appropriations. -The initial amount of Six Million Five Hundred Thousand Pesos (Php6,500,000.00 for Personnel Services (PS),One Million Five Hundred Thousand Pesos Phpl,500.000.00 for Miscellaneous and Other Operating Expenses (MOOE,and One Million Five Hundred Thousand Pesos (Phpl,500,000.00 for Capital Outlay (CO) of the Commission is hereby appropriated from the Miscellaneous Personnel Benefits Fund (MPBF) and the Contingent

be charged to the MPBF and Contingent Fund. Subsequent funding requirements shall be included Fund under the 2020 Bangsamoro Appropriations Act,respectively.in accordance with Bangsamoro Act No.3,subject to existing rules and regulations.Additional funding for PS,MOOE,and CO may

in the annual Bangsamoro Appropriations Act.

Section 26. Transitory Provision -of the first members of the Commission appointed under

appointed for a term of five (5) years and the remaining two (2) regular commissioners for three (3) this Act, the Chairperson shall hold office for seven (7) years. Two regular commissioners shall be

yeas

Section 27. Repealing Clause.-All regional laws, orders, rules and regulations, or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly.

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invalid or unconstitutional, the remainder of the law or the provisions not otherwise affected shall Section 28. Separability Clause.-If any part, section or provision of this Act shall be held

remain valid and binding.

Autonomous Region in Muslim Mindanao. the Official Gazette or in at least one 1 newspaper of general circulation in the Bangsamoro Section 29. Effectivity.-This Act shall take effect fifteen (15 days after its publication in

APPROVED.

ATTY. ALIKANGALIAN MBALINDONG Speaker

This Act was passed by the Bangsamoro Parliament on September 17,2020

PROF.R A

Secratar'y enera APPROVED:

Date: AHOD BALAWAGEBRAHIM 51022 Chief Minister

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