DAVAO CITY (MindaNews / 27 November) – It’s final: Sulu is out of the Bangsamoro Autonomous Region in in Muslim Mindanao (BARMM) as the Supreme Court En Banc on Tuesday denied the motions for partial reconsideration that sought to reverse the high court’s September 9, 2024 ruling excluding Sulu from BARMM.

“The Decision is final and immediately executory. No further pleadings will be entertained,” the Supreme Court said.

By a unanimous vote of 15-0, the Court in September ruled that Republic Act 11054 or the Organic Law for the BARMM, is constitutional except for that provision that member provinces of the defunct Autonomous Region in Muslim Mindanao (ARMM) shall vote as one geographical area.

The motions for partial reconsideration were filed by the BARMM government, the Office of the Solicitor General, Atty. Alga Latiph, Members of Parliament Laisa Alamia and Don Loong.

The Supreme Court declared unconstitutional the interpretation of the provision in the law directing the provinces and cities of ARMM to vote as one geographical unit, as 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 said no to the ratification of the Bangsamoro Organic Law in the 2019 plebiscite, the high court said it was wrong to include the province in BARMM.

The 99-page decision was penned by Senior Associate Justice Marvic M.V.F. Leonen while the lone Moro Justice, Japar B. Dimaampao filed a five-page separate concurring opinion.

The province of Sulu, through its Governor then, Abdusakur Tan II, petitioned the Supreme Court in October 2018 to declare RA 11054 as unconstitutional and stop the conduct of the plebiscite scheduled for January 21, 2019.

The exclusion of Sulu from the BARMM prevented a coalition of regional parliamentary political parties (RPPPs) from endorsing Tan as the first elected Chief Minister of the Bangsamoro Parliament.

Despite the endorsement from the then BARMM Grand Coalition (it later registered as a party), Tan did not withdraw the 2018 petition he filed before the Supreme Court.

The 80-member Bangsamoro Parliament is composed of 40 party representatives, 32
single district representatives and eight sectoral representatives.

With the exclusion of Sulu from the BARMM, the Commission on Elections said only 25 district representatives will be elected in May 2025 instead of 32 as Sulu’s seven districts will have to be re-allocated by the Bangsamoro Parliament.

Senate President Francis Escudero on November 4 filed Senate Bill 2862 proposing to reset the May 12, 2025 Bangsamoro Parliamentary Elections to May 11, 2026, citing the need to resolve concerns related to the BARMM, including the Supreme Court ruling excluding Sulu in September 2024.

Escudero said the SC ruling “also provides a compelling reason to postpone the Bangsamoro regular elections given its legal implications on the exclusion of Sulu from the autonomous region.”

The bill was filed three weeks before the high court denied the motions for reconsideration on November 26.

The other concern Escudero cited was the status of the BARMM’s Special Geographic Area (SGA), which includes 63 villages in North Cotabato that are now part of eight newly-created towns. The BTA Parliament created the eight towns but the creation of a province and a legislative district can be done only by Congress.

Escudero expressed fears that voters in the eight towns may be disenfranchised as they cannot vote for a governor and a representative.

Escudero’s bill proposes that after May 11, 2026, “subsequent elections shall be held every three years thereafter.”

In a press statement on November 25, Deputy Minority Leader and Basilan Rep. Mujiv Hataman said the proposed postponement would violate the constitutional mandate for synchronized elections.

At the recent hearing of the House Committee on Suffrage and Electoral Reforms, Hataman said the Supreme Court clearly laid out in the 2011 case of Kida vs. Senate of the Philippines that national and local elections should be synchronized, with the exception of the Barangay and SK elections.

“Gustuhin man nating ipagpaliban ang halalan sa BARMM, it is my opinion na hindi natin ito magagawa dahil labag ito sa mandato ng Konstitusyon na dapat ang mga halalan ay ‘synchronized,’” said Hataman.

On November 24, Senator Robinhood Padilla filed SB 2879 proposing to establish the BASULTA Autonomous Region comprising Basilan, Sulu and Tawi-Tawi, purportedly “to help address the specific needs of the island provinces, particularly in the delivery of basic service… to foster meaningful and effective governance and sustainable development, characterized by respect for culture, traditions, and diversity.”

Basilan and Tawi-Tawi are part of the BARMM, along with Lanao del Sur, Maguindanao del Norte and Maguindanao del Sur and the cities of Marawi, Lamitan and Cotabato. Lamitan is part of the Basilan.

In a statement, the League of Bangsamoro Organizations (LBO) said Padilla’s bill “undermines the unity, progress, and stability of the Bangsamoro people and raises serious concerns that cannot be ignored.”

The 1987 Constitution provides for two autonomous regions: in Muslim Mindanao and in the Cordilleras.

With the ratification of the Bangsamoro organic law in January 2019, the Autonomous Region in Muslim Mindanao (ARMM) was abolished and replaced with the BARMM, a product of the Comprehensive Agreement on the Bangsamoro, the peace agreement signed between government and the Moro Islamic Liberation Front (MILF) after 17 years of negotiations.

The MILF-led Bangsamoro Transition Authority (BTA) has been governing the BARMM since 2019. The transition period was supposed to have ended on June 30, 2022 but was extended to June 30, 2025.

The BTA members from 2019 to 2022 were appointed by then President Rodrigo Duterte. The BTA members since August 2022 were appointed by President Ferdinand Marcos Jr.

The Bangsamoro Parliamentary Elections next year will be the first. The elected officials will take their oath on June 30, 2025, on the same day the appointed BTA members step down.

The Members of Parliament elect the Chief Minister. (Carolyn O. Arguillas / MindaNews)