COTABATO CITY (MindaNews / 11 Sept)—The decision of the Supreme Court on this case involving the constitutionality of the Bangsamoro Organic Law and on the status of the province of Sulu in relation to the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) will have far-reaching consequences.
The SC ruled that the BOL is constitutional but that the inclusion of Sulu in the BARMM is unconstitutional. Sulu therefore must be detached from the BARMM.
As a way of a background, one of the major issues that confronted the panels in the negotiations in Kuala Lumpur was the issue of territory. From the original homeland claimed by the Bangsamoro as outlined in the Memorandum of Agreement on Ancestral Domain (MOA-AD), we have been asked to reframe it and in a sense made to reduce the territory of what would ultimately become the BARMM now.
In relation to territory, we also problematized the status of the Bangsamoro dominated areas in Lanao del Norte, North Cotabato, and the cities of Cotabato and Isabela.
Further complicating the discussions on territory was the apparent lack of support from local government units (LGUs) in certain areas that were already part of the then Autonomous Region in Muslim Mindanao (ARMM).
The fear was that if a plebiscite were conducted, not only will we face problems on the inclusion of “new territories” such as the municipalities in Lanao del Norte and barangays in North Cotabato, but more tragically some LGUs already part of the ARMM such as Sulu will vote no.
I have always maintained that there are flexibilities and new unexplored concepts in the 1987 Constitution, specifically in Article 10 that may help us address some of these concerns. The gravity of this challenge then was such that there were even some in our own delegation—peace negotiating panel of the Moro Islamic Liberation Front (MILF)—who were prepared to leave out Sulu.
The lawyers in the Nego Team maintained that we can defend the territory provisions that we have proposed. So we held on to this position, from the Comprehensive Agreement on the Bangsamoro (CAB), to the drafting (of the Organic Law for the BARMM) in the Bangsamoro Transition Commission (BTC) to the deliberations in both Houses and all the way to the bicameral conference committee.
The territory provision of the BOL is anchored on three legal principles. One is that Sections 15 and 18 of Article 10 of the 1987 Constitution provide that not only provinces, cities, municipalities but GEOGRAPHIC AREAS may form part of the Autonomous Region.
While the old organic laws have made use only of provinces and cities as political units that may join the autonomous region, our humble submission was that another category enumerated in the constitution is “geographic areas.”
Second is that there is no “opt out” provision for political units in the autonomous region. The Constitution provides only for inclusion and not an opt out provision.
Third, the ARMM has already been formed and as such the subsequent plebiscites are only for inclusion of new territories and the ratification of a new law and not the opting out of territories already forming part of the autonomous region.
The SC decision has apparently interpreted the NO vote of the province of Sulu not just as a decision on the ratification of the Organic Law but also as a decision to “opt out” of the autonomous region.
The plebiscite questions as designed by the COMELEC pursuant to the mandate of RA 11054 or the Bangsamoro Organic Law (BOL), were just two. For the areas already constituting the ARMM, the question was whether the constituents would ratify the BOL. In fine the question for the areas in the ARMM including Sulu was only a question of ratification of the new Organic Law and not a question of inclusion.
For the new territories that were not part of the then ARMM, the question, as designed by the COMELEC, was for inclusion, i.e., Payag ba kayo na isama ang lungsod ng Isabela, Cotabato City sa (Do you agree that your city would be part of the) Autonomous region?
The SC apparently in this case ruled that the NO vote of Sulu is not just a vote for ratification but also a vote for “opting out” of the autonomous region. This is not what is provided in the law as well as in the plebiscite question of the COMELEC.
What are the implications of this SC decision?
Several and some would be far-reaching. In relation to the first BARMM Parliamentary elections, first, the decision may be interpreted as the 2025 elections proceeding despite the SC decision but with Sulu now out in the BARMM.
Second, the decision may be interpreted in a way as to postpone the 2025 elections given that the opting out of Sulu will result in the inoperability of the BARMM Electoral Code for several reasons. One is that the Parliamentary Districts would have to be reduced, redrawn or at worst re-apportioned.
The re-apportionment is a power granted only to the Parliament. The proportionality provision on sectoral and reserved seats as well as the party reps are dependent on the base number or total number of seats of the parliament.
These issues will now depend on how the COMELEC will interpret the law or existing laws as to whether it can operationalize the electoral code or hold elections despite the changes brought about by the SC decision.
Some very practical consequences now will pertain to the employment status of employees in the different field offices of the ministries in Sulu, projects in Sulu, as well as the operation of major services in Sulu now being provided by the BARMM.
A far more dangerous consequence of the decision will be the introduction of an OPT OUT provision not otherwise provided in the law but now read into the law by the SC decision.
As a result of this, other provinces and cities, may now entertain and even pursue the idea of opting out from the autonomous region. In the end, we will be left with no provinces and cities.
The consequence of this will be the DEATH of the Bangsamoro idea where a single identity unites all the 13 ethnolinguistic groups of Muslims who have stood against all forms of colonialism over the centuries.
It is sad to think that political conveniences would now kill the Bangsamoro Dream. A dream for which we have made supreme sacrifices for its realization.
(MindaViews is the opinion section of MindaNews. Lawyer Naguib Sinarimbo served as Minister of Local and Interior Government of the BARMM from its establishment in early 2019 until December 2023. He was a member of the legal team of the MILF peace negotiating panel from 2012 until an agreement was reached in March 2014. Before that he served as a member of a team in the government peace panel that was reviewing the implementation of the 1996 Final Peace Agreement with the Moro National Liberation Front. Sinarimbo was a consultant of Senator Juan Miguel Zubiri during the final crafting of what is now RA 11054. This piece was first posted on his social media account on September 9, the day the Supreme Court announced the ruling.)