The Supreme Court has upheld the validity of Republic Act No. 11054 or the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao (Bangsamoro Organic Law) but declared the Province of Sulu not part of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) after the province rejected the law’s ratification.
In a unanimous Decision, the Supreme Court partially granted the petition challenging Sulu’s inclusion in BARMM but denied challenges to other aspects of the Bangsamoro Organic Law. The Decision is immediately executable.
The Bangsamoro Organic Law, enacted on July 27, 2018, provided for the establishment of BARMM as a political entity and its corresponding basic governmental structure.
The BARMM’s creation and determination of its territorial jurisdiction shall take effect upon the law’s ratification by majority of the votes cast in a plebiscite.
As Sulu rejected the Bangsamoro Organic Law in the plebiscite, it was wrong to include the province in BARMM.
A plebiscite was conducted on January 21, 2019, covering areas of then Autonomous Region in Muslim Mindanao (ARMM) and Isabela City in Basilan and Cotabato City.
Another plebiscite was held on February 6, 2019, in Lanao del Norte, municipalities in North Cotabato, and other areas that petitioned for voluntary inclusion.
The majority of the ARMM ratified the law, except for Sulu. Despite this, Sulu was included in BARMM, prompting the province to file the present petition assailing the law.
The Court ruled that the Bangsamoro Organic Law is constitutional because it does not make BARMM a separate state from the Philippines. The Law did not give it the power to enter into relations with other states, nor did it grant the BARMM its sovereignty. Matters of national defense and security, citizenship, foreign policy, and foreign trade remain with the national government.
The BARMM’s autonomy is limited to its internal governance. The greater autonomy given to the region does not imply separation from the national government.
The Court also upheld the parliamentary form of the Bangsamoro government. An autonomous region is not prohibited from prescribing a form of government that differs from the national government so long as it upholds democratic principles.
The Bangsamoro government is democratic, with the members of the Parliament elected by its people as representatives. In turn, the Bangsamoro Parliament elects a chief minister who shall exercise the executive powers of the Bangsamoro government.
The Court however declared unconstitutional the interpretation of the provision in the law directing the provinces and cities of ARMM to vote as one geographical unit as including provinces that did not vote to be included. It violates Article X, Section 18 of the Constitution, which states that only provinces, cities, and geographic areas voting favorably in the plebiscite shall be included in the autonomous region.
As Sulu rejected the Bangsamoro Organic Law in the plebiscite, it was wrong to include the province in BARMM.
The Decision was penned by Senior Associate Justice Marvic M.V.F. Leonen. Justice Japar B. Dimaampao filed a separate concurring opinion.
