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Tag: Bangsamoro Organic Law

  • Sulu’s Sovereignty: Upholding Self-Determination in the Bangsamoro Region

    Protecting Local Autonomy: The Supreme Court Affirms Sulu’s Right to Self-Determination in BARMM Plebiscite

    G.R. No. 242255, November 26, 2024

    The integration of autonomous regions in the Philippines is a complex balancing act. It requires harmonizing the national interest with the unique identities and desires of local communities. This case underscores the judiciary’s crucial role in ensuring that the creation of autonomous regions respects the constitutional right to self-determination of its constituent units. The Supreme Court definitively ruled that the Province of Sulu cannot be included in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) against the expressed will of its people in a plebiscite.

    This landmark decision emphasizes the importance of honoring local autonomy and individual suffrage in the formation of autonomous regions. It also highlights the limits of legislative power in defining territories when fundamental constitutional rights are at stake.

    Legal Context: Autonomy, Suffrage, and the Constitution

    The Philippine Constitution, particularly Article X, Section 18, provides the framework for creating autonomous regions. This provision stipulates that the creation of an autonomous region must be approved by a majority of votes cast by the constituent units in a plebiscite. Crucially, it also states that “only provinces, cities, and geographic areas voting favorably in such plebiscite shall be included in the autonomous region.”

    This provision is intertwined with the concept of local autonomy, enshrined in Article X, Section 2 of the Constitution. Local autonomy empowers local government units to govern themselves and make independent decisions within their territorial and political boundaries. This autonomy is not absolute but is guaranteed within the framework of the Constitution and national laws.

    The right to suffrage, as guaranteed by the Constitution, is also central to this issue. Suffrage is the right to vote and participate in the electoral process. In the context of creating autonomous regions, the right to suffrage ensures that the people directly affected by the creation of such regions have a voice in deciding whether or not to be included.

    A key legal term in this discussion is “geographic areas.” In this context, the Supreme Court clarified that “geographic areas” refer to smaller units not classified as provinces, cities, or municipalities but sharing common and distinctive characteristics with the Muslim Mindanao. It does NOT mean that ARMM is one “geographic area”.

    For example, imagine a scenario where several barangays sharing a unique cultural heritage wish to join an autonomous region. These barangays, as distinct geographic areas, would have the right to vote on their inclusion, separate from the vote of the larger province or city they belong to.

    Case Breakdown: The Voice of Sulu

    The case originated from consolidated petitions challenging the constitutionality of Republic Act No. 11054, the Bangsamoro Organic Law, and the conduct of the plebiscite to ratify it. The Province of Sulu, represented by its Governor, Abdusakur A. Tan II, argued that its inclusion in BARMM, despite voting against the Bangsamoro Organic Law, violated Article X, Section 18 of the Constitution.

    The Supreme Court initially denied the petitions but unanimously declared the inclusion of Sulu in BARMM as unconstitutional. Several parties filed Motions for Partial Reconsideration, including the BARMM government, the Office of the Solicitor General, and private intervenors, all seeking to reverse the Court’s decision.

    The Supreme Court succinctly stated its reasoning:

    “The creation of an autonomous region must be based on the independent will of the people in each province or city, honoring their choice rather than imposing the collective decision of others. To treat the entire autonomous region as one geographic area not only overrides the right of each province and city for self-determination, but also undermines the distinct historical, cultural, and political characteristics that make them Bangsamoro.”

    The Court firmly rejected the argument that the ARMM should be treated as a single voting unit, emphasizing that each province and city within the ARMM possesses the right to self-determination. The court emphasized that:

    “The Province of Sulu, as a political subdivision under the ARMM, did not lose its character as such and as a unit that was granted local autonomy… Thus, it was illegally included in the autonomous region, and the Organic Law explicitly violated the constitutional provision that ‘only provinces, cities, and geographic areas voting favorably in such plebiscite shall be included in the autonomous region.’”

    Key Procedural Steps:

    • Petitions filed challenging the constitutionality of the Bangsamoro Organic Law.
    • Supreme Court initially denied petitions but declared Sulu’s inclusion unconstitutional.
    • Motions for Partial Reconsideration filed by various parties.
    • Supreme Court denied the Motions for Partial Reconsideration with finality.

    Ultimately, the Supreme Court denied the Motions for Partial Reconsideration, affirming its original decision. The Court, however, applied the doctrine of operative fact, recognizing the legal effect of actions performed prior to the declaration of unconstitutionality.

    Practical Implications: Safeguarding Self-Determination

    This ruling has significant implications for future cases involving the creation or modification of autonomous regions. It reinforces the principle that the right to self-determination of local government units must be respected. It also serves as a reminder that legislative power is not absolute and is subject to constitutional limitations.

    For local government units considering joining an autonomous region, it is crucial to understand their rights and responsibilities. They must actively participate in the plebiscite process and ensure that their voices are heard. If they do not agree with the creation or modification of the autonomous region, they have the right to vote against it, and their decision must be respected.

    Key Lessons:

    • The right to self-determination is a fundamental constitutional right.
    • The creation of autonomous regions must respect the will of the people in each constituent unit.
    • Legislative power is not absolute and is subject to constitutional limitations.

    Frequently Asked Questions

    Q: What is local autonomy?

    A: Local autonomy is the power of local government units to govern themselves and make independent decisions within their territorial and political boundaries.

    Q: What is the right to suffrage?

    A: The right to suffrage is the right to vote and participate in the electoral process.

    Q: What is the doctrine of operative fact?

    A: The doctrine of operative fact recognizes the legal effect of actions performed prior to the declaration of unconstitutionality of a law.

    Q: How does this ruling affect future cases involving the creation of autonomous regions?

    A: This ruling reinforces the principle that the right to self-determination of local government units must be respected and that legislative power is not absolute.

    Q: What should local government units do if they do not agree with the creation of an autonomous region?

    A: They have the right to vote against it in the plebiscite, and their decision must be respected.

    Q: What is the definition of “geographic areas” in Article X Section 18 of the Philippine Constitution?

    A: “Geographic areas” refer to smaller units not classified as provinces, cities, or municipalities but sharing common and distinctive characteristics with the Muslim Mindanao.

    ASG Law specializes in constitutional law and local governance. Contact us or email hello@asglawpartners.com to schedule a consultation.

  • Bangsamoro Organic Law: Upholding Autonomy and the Right to Self-Determination

    Protecting Local Autonomy: Sulu’s Right to Opt Out of the BARMM

    PROVINCE OF SULU, DULY REPRESENTED BY ITS GOVERNOR, ABDUSAKUR A. TAN II v. HON. SALVADOR C. MEDIALDEA, ET AL., G.R. No. 242255, September 09, 2024

    Imagine a community fighting for its voice to be heard, its identity respected. This is the heart of the Supreme Court’s decision in the Province of Sulu case concerning the Bangsamoro Organic Law (BOL). While upholding the constitutionality of the BOL, the Court recognized the fundamental right of the Province of Sulu to exclude itself from the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM), safeguarding local autonomy and the principle of self-determination.

    At the center of this case is the tension between establishing an autonomous region and protecting the rights of its constituent local government units. The Supreme Court was tasked with balancing these competing interests while interpreting the constitutional framework for autonomous regions.

    The Constitutional Mandate for Autonomous Regions

    The Philippine Constitution, specifically Article X, provides for the creation of autonomous regions in Muslim Mindanao and the Cordilleras. This provision aims to address the unique historical and cultural contexts of these regions, granting them a degree of self-governance while remaining within the framework of the Philippine state. This delicate balance is achieved through an organic act passed by Congress and ratified by the people in a plebiscite.

    The key constitutional provision at play in this case is Article X, Section 18, which states:

    “The creation of the autonomous region shall be effective when approved by majority of the votes cast by the constituent units in a plebiscite called for the purpose, provided that only provinces, cities, and geographic areas voting favorably in such plebiscite shall be included in the autonomous region.”

    This provision, especially the latter part, formed the crux of the Supreme Court’s ruling regarding the Province of Sulu. A plebiscite is a vote of the people expressing their collective will. In crafting autonomous regions, it’s the voice of every city, province, and geographic area that must be heard.

    To put it simply, if the majority in any city, province, or geographic area says “no” to joining an autonomous region in a plebiscite, then that area cannot be forcibly included. It protects all cities, provinces, and geographic areas from any kind of political or cultural oppression.

    The Province of Sulu’s Journey Through the Courts

    The Province of Sulu, represented by its Governor, Abdusakur A. Tan II, challenged the constitutionality of the Bangsamoro Organic Law, arguing that it violated several constitutional provisions. These included the abolition of the ARMM without a constitutional amendment, the imposition of a parliamentary form of government without direct election of the chief minister, and the automatic inclusion of Sulu in the BARMM despite its rejection of the law in the plebiscite.

    Here’s a breakdown of the case’s journey:

    • Initial Petition: The Province of Sulu filed a Petition for Certiorari and Prohibition with the Supreme Court, seeking to declare the BOL unconstitutional and enjoin the plebiscite.
    • Consolidation: The Supreme Court consolidated Sulu’s petition with other similar petitions challenging the BOL’s constitutionality.
    • Plebiscite Conducted: Despite the pending petitions, the COMELEC proceeded with the plebiscite in January and February 2019.
    • Supreme Court Decision: The Supreme Court partially granted Sulu’s petition, declaring the inclusion of the province in the BARMM unconstitutional.

    In arriving at its decision, the Supreme Court emphasized the importance of adhering to the constitutional requirement that only areas voting favorably in the plebiscite shall be included in the autonomous region. According to the Court:

    “The inclusion of Sulu in BARMM, despite its constituents’ rejection in the plebiscite, is therefore unconstitutional… The Province of Sulu, as a political subdivision under the ARMM, did not lose its character as such and as a unit that was granted local autonomy.”

    The Court further stated that “…the Bangsamoro Organic Law transgressed the Constitution and disregarded the autonomy of each constituent unit of what used to comprise the ARMM.”

    What This Means for the Bangsamoro Region and Local Autonomy

    This ruling has significant implications for the BARMM and the broader concept of local autonomy in the Philippines. While it allows the BARMM to proceed with its establishment and governance, it also sends a clear message that the rights of local government units must be respected.

    It’s important to remember that the Supreme Court upheld the constitutionality of the Bangsamoro Organic Law on the whole. This means that the BARMM itself is valid, and its government can continue to function in accordance with the law. The decision only affects the inclusion of the Province of Sulu.

    Here are some key lessons from this case:

    • Local Autonomy Matters: The Supreme Court prioritizes the right of local government units to self-determination.
    • Plebiscite Results Are Binding: The outcome of a plebiscite must be respected, and areas voting against inclusion cannot be forcibly integrated.
    • Constitutional Compliance is Essential: Any law creating an autonomous region must strictly adhere to the requirements of the Constitution.

    Frequently Asked Questions About the Bangsamoro Organic Law and Local Autonomy

    Q: What is an autonomous region?

    A: An autonomous region is a territorial division of a country that has been granted a degree of self-government by the central government. It typically has its own legislative and executive bodies, allowing it to manage certain internal affairs.

    Q: What is a plebiscite?

    A: A plebiscite is a direct vote by the electorate on a specific proposal or issue. In the context of autonomous regions, it’s a vote by the people in the affected areas to determine whether they approve the creation of the region and their inclusion in it.

    Q: Does this ruling invalidate the entire Bangsamoro Organic Law?

    A: No, the Supreme Court only declared the inclusion of the Province of Sulu in the BARMM unconstitutional. The rest of the law remains valid.

    Q: What happens to the Province of Sulu now?

    A: The Province of Sulu will remain a regular province of the Philippines, outside the jurisdiction of the BARMM. It will continue to be governed by the existing laws applicable to all provinces.

    Q: How does this case affect other regions seeking autonomy?

    A: It reinforces the importance of adhering to constitutional requirements and respecting the will of the people in each constituent unit. Any future attempts to create autonomous regions must ensure that all affected areas have the opportunity to express their views through a plebiscite, and that their decisions are respected.

    Q: What does the decision mean for indigenous people living in Sulu?

    A: The Supreme Court made it clear that their rights must be respected.

    ASG Law specializes in constitutional law, local government law, and election law. Contact us or email hello@asglawpartners.com to schedule a consultation.

  • Bangsamoro Autonomy: Safeguarding Plebiscite Rights in Creating New Municipalities

    Protecting Voting Rights in the Bangsamoro: A Lesson in Municipal Creation

    DATU SAJID S. SINSUAT, EBRAHIM P. DIOCOLANO, AND FEBY A. ACOSTA, PETITIONERS, VS. HON. AHOD BALAWAG EBRAHIM, IN HIS CAPACITY AS INTERIM CHIEF MINISTER OF THE BANGSAMORO GOVERNMENT, AND BANGSAMORO TRANSITION AUTHORITY (BTA), RESPONDENTS. [G.R. No. 271741, August 20, 2024 ]

    MAYOR DATU TUCAO O. MASTURA, FOR HIMSELF AND AS REPRESENTATIVE OF THE MUNICIPALITY OF SULTAN KUDARAT, MAGUINDANAO DEL NORTE, AND THE LIGA NG MGA BARANGAY OF THE MUNICIPALITY OF SULTAN KUDARAT, MAGUINDANAO DEL NORTE, REPRESENTED BY BAI ALIYYAH NADRAH M. MACASINDIL, PETITIONERS, VS. BANGSAMORO TRANSITION AUTHORITY (BTA), AND HON. AHOD BALAWAG EBRAHIM, IN HIS CAPACITY AS THE INTERIM CHIEF MINISTER OF THE BANGSAMORO AUTONOMOUS REGION IN MUSLIM MINDANAO (BARMM), AND THE COMMISSION ON ELECTIONS, RESPONDENTS. [G.R. No. 271972]

    Imagine a community deeply invested in its local governance, suddenly finding its voice silenced in a crucial decision about its own future. This scenario highlights the importance of ensuring that every voice is heard when creating new municipalities, especially within autonomous regions like the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM). A recent Supreme Court decision underscores this principle, emphasizing the need for inclusive plebiscites that uphold the constitutional rights of all affected voters.

    This case revolves around the creation of three new municipalities within Maguindanao del Norte by the Bangsamoro Transition Authority (BTA). While the creation of these municipalities aimed to promote self-governance, the process sparked legal challenges concerning the scope of who should participate in the required plebiscites. The central question before the Supreme Court was whether limiting the plebiscite to only the residents of the barangays forming the new municipalities violated the constitutional rights of the residents in the original municipalities.

    The Foundation of Local Government Creation: Constitution and Codes

    The creation, division, merger, or alteration of local government unit (LGU) boundaries in the Philippines is governed by Article X, Section 10 of the 1987 Constitution and the Local Government Code (LGC) or Republic Act No. 7160. These laws ensure that any changes to LGUs are made in accordance with established criteria and with the consent of the people directly affected.

    A key provision is Article X, Section 10 of the 1987 Constitution:

    “Sec. 10. No province, city, municipality, or barangay may be created, divided, merged, abolished, or its boundary substantially altered, except in accordance with the criteria established in the Local Government Code and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected.”

    This provision ensures two fundamental requirements: (1) adherence to the criteria set in the Local Government Code, which includes factors like income, population, and land area; and (2) approval through a plebiscite in the political units directly affected. The Supreme Court has consistently interpreted “political units directly affected” to include not only the areas proposed for separation but also the original LGU from which they are being carved out. This interpretation is rooted in the principle that all residents who would be economically or politically impacted by the separation have the right to express their voice.

    For example, if a barangay is being separated from a municipality to form a new one, both the residents of the barangay and the remaining residents of the original municipality have a say in the plebiscite. This ensures that the interests of all parties are considered and that the decision reflects the collective will of the people.

    The Bangsamoro Case: A Battle for Voting Rights

    In 2023, the Bangsamoro Transition Authority (BTA) passed Bangsamoro Autonomy Acts (BAAs) to create three new municipalities: Datu Sinsuat Balabaran, Sheik Abas Hamza, and Nuling. These BAAs stipulated that only residents of the barangays that would constitute the new municipalities would be eligible to vote in the plebiscites for their creation.

    Datu Sajid S. Sinsuat, Ebrahim P. Diocolano, Feby A. Acosta, Mayor Datu Tucao O. Mastura, and Liga Ng Mga Barangay challenged the BAAs, arguing that limiting the plebiscite to only the new barangays violated Article X, Section 10 of the Constitution and Article VI, Section 10 of the Bangsamoro Organic Law. They contended that all residents of the original municipalities (Datu Odin Sinsuat and Sultan Kudarat) should have the right to vote, as the creation of new municipalities would directly affect their political and economic landscape.

    The case made its way to the Supreme Court, where the central issue was whether the phrase “qualified voters in a plebiscite to be conducted in the barangays comprising the municipality pursuant to Section 2 hereof” in the uniform text of Section 5 of BAAs 53, 54, and 55, was indeed unconstitutional.

    The Supreme Court, in its decision, emphasized the importance of upholding the constitutional rights of all affected voters. Here are some key points from the Court’s reasoning:

    • The Court declared that the phrase in question violated Article X, Section 10 of the Constitution and Article VI, Section 10 of the Bangsamoro Organic Law.
    • The Court emphasized that the term “political units directly affected” includes both the qualified voters in the newly created municipality and those from the mother municipality.

    As the Court stated:

    “As in this case, the existing Municipalities of Sultan Kudarat and Datu Odin Sinsuat will be directly affected by the creation of the new municipalities since their economic and political rights are affected. As such, all qualified voters in the existing Municipalities of Sultan Kudarat and Datu Odin Sinsuat should be allowed to vote in the plebiscite.“

    Further, the Court emphasized that:

    “With great power comes great responsibility. As a final note, in line with the principle of self-governance, the Bangsamoro Government is granted specific powers, which include the authority to create municipalities. The exercise of this power entails observance of the requirements under the 1987 Constitution, the Bangsamoro Organic Law, and other relevant laws. The conduct of a plebiscite in the political units directly affected by the proposed action is imperative. This democratic prerequisite recognizes that the entire constituency affected should always have the final say on the matter. To disenfranchise qualified voters makes a mockery of the entire exercise.“

    The Supreme Court permanently enjoined the Commission on Elections (COMELEC) from implementing resolutions related to the plebiscites based on the unconstitutional provisions, ensuring that any future plebiscites would include all affected voters.

    Practical Implications for Future Municipal Creations

    This ruling has significant implications for the creation of future municipalities within the BARMM and potentially other autonomous regions. It reinforces the principle that plebiscites must be inclusive and representative of all affected communities. Failing to include all relevant voters not only violates their constitutional rights but also undermines the legitimacy and fairness of the entire process.

    Key Lessons:

    • Inclusive Plebiscites: Ensure that all qualified voters in both the proposed new LGU and the original LGU are included in the plebiscite.
    • Compliance with LGC Criteria: Strictly adhere to the Local Government Code’s requirements regarding income, population, and land area when creating new LGUs.
    • Respect for Constitutional Rights: Always prioritize and protect the constitutional rights of all affected citizens.

    Consider a hypothetical scenario where a city council proposes to split a large barangay into two smaller ones. Following this ruling, the plebiscite would need to involve all residents of the original barangay, not just those within the proposed new boundaries. This ensures that everyone who would be affected by the division has a voice in the decision.

    Frequently Asked Questions

    Q: What does “political units directly affected” mean in the context of a plebiscite?

    A: It refers to all local government units (LGUs) whose political and economic rights would be directly impacted by the proposed creation, division, merger, abolition, or alteration of boundaries. This includes both the areas proposed for change and the original LGU from which they are being taken.

    Q: Why is it important to include all affected voters in a plebiscite?

    A: Inclusivity ensures that the decision reflects the collective will of all those who will be affected by the change. It upholds their constitutional rights and promotes fairness and legitimacy in local governance.

    Q: What happens if a plebiscite is conducted without including all affected voters?

    A: The results of such a plebiscite can be challenged in court, as it violates the constitutional requirement of seeking approval from all political units directly affected. The Supreme Court can invalidate the results and order a new plebiscite.

    Q: What criteria must be met when creating a new municipality?

    A: The new municipality must meet certain requirements outlined in the Local Government Code, such as minimum levels of income, population, and land area. These criteria ensure the viability and sustainability of the new LGU.

    Q: Who has the authority to create new municipalities in the Philippines?

    A: Typically, the power to create new municipalities lies with the national legislature (Congress). However, this power can be delegated to autonomous regions, like the Bangsamoro Government, subject to constitutional limitations.

    ASG Law specializes in local government law and election-related disputes. Contact us or email hello@asglawpartners.com to schedule a consultation.

  • Upholding Plebiscites: Ensuring Bangsamoro Autonomy Reflects the People’s Will

    The Supreme Court affirmed the Commission on Elections’ (COMELEC) authority in conducting the plebiscite for the Bangsamoro Organic Law, ensuring the inclusion of Cotabato City in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM). The Court emphasized that COMELEC acted within its constitutional mandate to administer and enforce election laws, and found no grave abuse of discretion in the plebiscite’s conduct or the questions posed to voters. This ruling reinforces the importance of respecting the outcome of plebiscites as direct expressions of the people’s will on matters of significant regional autonomy and governance, upholding the integrity of democratic processes in the establishment of the BARMM.

    Bangsamoro Inclusion: Did Cotabato City Truly Consent?

    The case of Sula v. COMELEC revolves around the plebiscite conducted to determine the inclusion of Cotabato City in the newly-formed Bangsamoro Autonomous Region in Muslim Mindanao (BARMM). Petitioners Amil P. Sula, Gaspar S. Asi, and Hussien K. Malig, Sr., residents and registered voters of Cotabato City, challenged the COMELEC’s conduct of the plebiscite and the subsequent declaration that the Bangsamoro Organic Law was ratified by the people of Cotabato City. Mayor Frances Cynthia Guiani-Sayadi of Cotabato City intervened, supporting the petition and raising concerns about the plebiscite’s validity and the representation of her constituents’ true will. The central legal question was whether the COMELEC committed grave abuse of discretion in conducting the plebiscite and proclaiming the inclusion of Cotabato City in the BARMM.

    The petitioners argued that the COMELEC failed to comply with the statutory requirement that the Bangsamoro Autonomous Region’s establishment take effect only upon ratification by a majority of votes cast in a plebiscite. They also contended that the question on the plebiscite ballots was misleading, implying the Bangsamoro Autonomous Region already existed, when it was still subject to ratification. Moreover, they claimed the plebiscite was held beyond the period prescribed by the Organic Law and was marred by massive irregularities, including voter manipulation and intimidation. These irregularities, they asserted, undermined the true intention and will of the people of Cotabato City.

    In response, the COMELEC, through the Office of the Solicitor General, asserted that it did not commit grave abuse of discretion and that the plebiscite was conducted within the prescribed time. The COMELEC maintained that the question posed to Cotabato City voters complied with the Bangsamoro Organic Law, which provided that the city would form part of the Bangsamoro Autonomous Region if a majority of votes favored inclusion. The COMELEC also denied allegations of massive irregularities, stating that petitioners failed to provide sufficient evidence and that discrepancies in the Certificate of Canvass of Votes were reconciled during a retabulation. Thus, the legal framework rests on the interpretation of Republic Act No. 11054, also known as the Bangsamoro Organic Law, and the COMELEC’s authority to administer plebiscites.

    The Supreme Court, in its decision, first addressed the Petition-in-Intervention filed by Mayor Guiani-Sayadi. The Court reiterated that intervention is not a matter of right but is subject to the court’s discretion. In Neptune Metal Scrap Recycling, Inc. v. Manila Electric Company, the Court clarified that intervention is a remedy for a third party to protect their interests affected by the proceedings. The Court also outlined the requisites for intervention in Falcis III v. Civil Registrar General, requiring a movant’s legal interest, a showing that the intervention will not delay proceedings, and a claim not properly decided in a separate proceeding. The Court found that Mayor Guiani-Sayadi, as a resident, taxpayer, and mayor of Cotabato City, had a legal interest in the matter and that her intervention would not unduly delay the proceedings.

    Regarding the main petition, the Court examined whether the COMELEC committed grave abuse of discretion. The Court emphasized the historical context of the peace process in Muslim Mindanao, noting the various agreements and negotiations between the government and Moro Islamic Liberation Front, which eventually led to the Bangsamoro Organic Law. The Court highlighted that the plebiscite was necessary under Article X, Section 10 of the 1987 Philippine Constitution, which requires approval by a majority of votes cast in a plebiscite for the creation of new political entities or modification of existing territories. As the Court pointed out in Miranda v. Aguirre, plebiscites enable citizens to directly participate in democracy.

    The Court rejected the petitioners’ claim that the COMELEC conducted the plebiscite beyond the period provided by law. Article XVIII, Section 5 of the Organic Law specifies that the law takes effect 15 days following its complete publication in the Official Gazette and in at least two national newspapers and one local newspaper. Because publication in a local newspaper occurred on August 25, 2018, the law became effective on September 10, 2018, making the January 21 and February 6, 2019 plebiscites within the 150-day period. Even if the plebiscite was held outside the prescribed period, the Court noted that COMELEC has the power to set elections to another date, as stated in Sections 5 and 6 of the Omnibus Election Code, and the power enunciated in Cagas v. Commission on Elections.

    The Court also addressed the petitioners’ argument that the question posed in the plebiscite was improper and misleading. The Court cited Article XV, Section 5 of the Organic Law, which states that the COMELEC determines the questions to be asked in the plebiscite. Section 3(d) of the same Article specifies that Cotabato City shall form part of the Bangsamoro Autonomous Region if a majority of votes favor inclusion. Thus, the Court found that the COMELEC complied with the wording of the Organic Law, constructing different questions for the original Autonomous Region in Muslim Mindanao and for contiguous areas like Cotabato City.

    Addressing the alleged irregularities, the Court acknowledged that these allegations were factual and would typically require evidence admission and examination. However, the Court noted that petitioners filed a Petition for Certiorari, Prohibition, and Mandamus under Rule 65 of the 1987 Rules of Civil Procedure, which confines the Court’s power to resolve issues involving jurisdiction or grave abuse of discretion. As stated in Navarro v. Ermita, allegations of fraud and irregularities are factual in nature and cannot be the subject of a special civil action for certiorari. Nonetheless, the Court considered the issues to dispel any doubt regarding the Bangsamoro Autonomous Region formation.

    The Court discussed the discrepancy in the Certificate of Canvass of Votes, where the total number of registered voters was lower than the combined number of “YES” and “NO” votes. The Court noted that an Audit Group conducted a retabulation of votes and reconciled the figures. According to Resolution No. 10478, retabulation can occur in cases of discrepancy. The election officer of Cotabato City explained that the discrepancies resulted from incorrect data inputted by the Plebiscite Committee. Upon retabulation, these discrepancies were corrected.

    The Court noted the petitioners did not offer sufficient evidence to support their claims of manipulation, bias, or intimidation. Allegations of fraud, violence, or intimidation must be supported by conclusive evidence, as highlighted in Marcos v. Robredo. The Court found that petitioners failed to sufficiently plead their case with detailed facts and evidence. The mere allegation that the inclusion of Cotabato City was not the true intention of the voters was insufficient to persuade the Court to overturn the COMELEC’s actions. Therefore, the Court dismissed the petition and denied the prayer for a Temporary Restraining Order and/or Writ of Preliminary Injunction.

    FAQs

    What was the key issue in this case? The key issue was whether the Commission on Elections (COMELEC) committed grave abuse of discretion in conducting the plebiscite for the inclusion of Cotabato City in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) and subsequently proclaiming its ratification. The petitioners challenged the COMELEC’s actions, alleging irregularities and non-compliance with the Bangsamoro Organic Law.
    Why did the petitioners challenge the plebiscite results? The petitioners claimed that the plebiscite was conducted beyond the period prescribed by law, that the question posed to voters was misleading, and that the plebiscite was marred by massive irregularities, undermining the true will of the people of Cotabato City. They argued that these issues invalidated the inclusion of Cotabato City in the BARMM.
    What did the Supreme Court decide regarding the timing of the plebiscite? The Supreme Court held that the plebiscite was conducted within the period prescribed by law. The Court determined that the law took effect 15 days after complete publication, which occurred on September 10, 2018, making the January 21 and February 6, 2019 plebiscites timely.
    Did the Supreme Court find fault with the question asked in the plebiscite? No, the Supreme Court found that the question posed to voters complied with the Bangsamoro Organic Law. The Court noted that the COMELEC has the authority to determine the questions and that the question accurately reflected the law’s requirement for a majority vote in favor of inclusion.
    What evidence did the petitioners present to support their claims of irregularities? The petitioners primarily relied on a discrepancy in the Certificate of Canvass of Votes, where the total number of registered voters was lower than the total number of votes cast. However, the Court noted that this discrepancy was reconciled during a retabulation.
    How did the Supreme Court address the allegations of irregularities in the plebiscite? The Court acknowledged that allegations of irregularities were factual and would typically require the admission and examination of evidence. However, the Court noted that the petitioners filed a petition under Rule 65, which is limited to issues of jurisdiction or grave abuse of discretion.
    What is the significance of this ruling for the Bangsamoro Autonomous Region? This ruling affirms the COMELEC’s authority in conducting plebiscites and reinforces the inclusion of Cotabato City in the BARMM. It upholds the importance of respecting the outcome of plebiscites as direct expressions of the people’s will on matters of significant regional autonomy.
    What was the basis for Mayor Guiani-Sayadi’s intervention in the case? Mayor Guiani-Sayadi intervened in the case as a resident, taxpayer, and mayor of Cotabato City, arguing that the city’s inclusion in the BARMM was a matter of public interest that directly affected her and her constituents. The Court allowed her intervention, finding she had a legal interest in the matter.

    In conclusion, the Supreme Court’s decision in Sula v. COMELEC underscores the importance of adhering to established legal and constitutional processes in the creation and administration of autonomous regions. It reinforces the COMELEC’s mandate to ensure fair and accurate plebiscites, and it emphasizes that allegations of irregularities must be supported by concrete evidence. This ruling contributes to the stability and legitimacy of the Bangsamoro Autonomous Region in Muslim Mindanao, affirming the will of the people as expressed through democratic processes.

    For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

    Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
    Source: Sula v. COMELEC, G.R. No. 244587, January 10, 2023