Cotabato City, Philippines – The legislative landscape in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) is once again abuzz as the Bangsamoro Transition Authority (BTA) Parliament deliberates on BTA Bill Nos. 331, 332, and 333. These bills aim to amend Section 5 of the Bangsamoro Autonomy Act (BAA) Nos. 53, 54, and 55, which were recently declared unconstitutional by the Supreme Court.
The Supreme Court’s decision, handed down on August 20, 2024, ruled that Section 5 of the BAA Nos. 53, 54, and 55 violated constitutional provisions by limiting plebiscite voting to only the barangays within the proposed new municipalities12. This ruling halted the Commission on Elections (COMELEC) from proceeding with the scheduled plebiscites on September 7 and 21, 2024, which were intended to ratify the creation of the municipalities of Nuling, Sheik Abas Hamza, and Datu Sinsuat Balabaran12.
Background of the Controversy
The BAA Nos. 53, 54, and 55 were enacted to establish the municipalities of Nuling from Sultan Kudarat, and Sheik Abas Hamza and Datu Sinsuat Balabaran from Datu Odin Sinsuat12. However, the Supreme Court found that the laws’ provisions on plebiscite voting disenfranchised voters from the mother municipalities, thus violating their constitutional rights12.
The ruling was a significant setback for the Bangsamoro government, which had aimed to enhance local governance and service delivery through the creation of these new municipalities. Despite this, the Bangsamoro government expressed its respect for the Supreme Court’s decision and its commitment to upholding democratic principles and legal processes12.
Legislative Response
In response to the Supreme Court’s ruling, the BTA Parliament has introduced BTA Bill Nos. 331, 332, and 333. These bills seek to amend the contentious Section 5 of the BAA Nos. 53, 54, and 55 to ensure that plebiscite voting includes qualified voters from both the new and mother municipalities12. The Government of the Day, which introduced these bills, aims to address the constitutional issues raised by the Supreme Court and move forward with the creation of the new municipalities in a manner that respects the rights of all affected voters12.
Moving Forward
As the BTA Parliament deliberates on these bills, the outcome will be closely watched by stakeholders across the Bangsamoro region. The legislative amendments are seen as a crucial step in resolving the legal issues surrounding the creation of the new municipalities and ensuring that the process aligns with constitutional requirements.
The Bangsamoro government remains committed to its goal of enhancing local governance and service delivery, and the legislative amendments are a testament to its dedication to democratic principles and the rule of law.
