Human rights lawyer and advocate Algamar Latiph has filed a motion for reconsideration with the Supreme Court, challenging its recent decision to exclude the province of Sulu from the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM). This move comes in response to the Court’s September 9 ruling, which upheld the constitutionality of the Bangsamoro Organic Law (BOL) but excluded Sulu, citing its rejection of the BOL in the 2019 plebiscite.
Latiph, represented by his counsel, Attorney Alberto Agra, argued that Sulu’s inclusion in BARMM is in line with the 1987 Constitution. Specifically, he referenced Section 18, Article X, which states that the creation of an autonomous region must be approved by a majority vote in a plebiscite, and only areas voting in favor should be included. Latiph also cited Republic Act No. 9054, which established the Autonomous Region in Muslim Mindanao (ARMM), emphasizing that ARMM’s geographic areas, including Sulu, must vote as one unit in plebiscites.
Latiph stressed that the “no” vote from Sulu in the 2019 plebiscite should not automatically result in its exclusion from BARMM, as the province is part of the ARMM geographic area. He argued that the repeal of the ARMM Organic Act did not abolish the region, and separating Sulu would result in two autonomous regions in Muslim Mindanao, which he claims is unconstitutional.
He further explained that the transition from ARMM to BARMM represents a structural change but not the creation of a new region. According to Latiph, BARMM is a continuation of ARMM, sharing the same identity, history, and governance framework. Therefore, Sulu’s exclusion would contradict the essence of the region’s unity.
Latiph also raised concerns about the plebiscite process, stating that voters in Sulu were not clearly informed of the implications of their “no” vote. He believes the plebiscite question—whether to ratify the BARMM Charter—was not direct enough. He proposed that the proper course of action should have been a resolution or petition from at least 10% of Sulu’s registered voters, calling on the Commission on Elections (Comelec) to hold a specific plebiscite on the province’s inclusion or exclusion from BARMM.
While Latiph seeks to challenge Sulu’s exclusion, he clarified that he does not intend to delay the scheduled May 2025 Bangsamoro parliamentary elections, which will be held alongside national and local elections. He argued that Sulu should remain part of BARMM and participate in the elections until the Supreme Court resolves the motion for reconsideration.
Latiph emphasized the potential legal, financial, and social disruptions that could result from Sulu’s exclusion, warning of the broader implications for governance and peace efforts in the region. He urged the Court to hold off on implementing its decision until the motion is fully resolved to avoid instability and confusion.
Bangsamoro Spokesperson and Cabinet Secretary Mohd Asnin Pendatun stated that they are awaiting further clarification regarding the seven parliamentary seats reserved for Sulu. Despite uncertainty, Pendatun affirmed that preparations for the 2025 elections are continuing as planned.
Comelec Chairman George Garcia also confirmed that the BARMM parliamentary elections will proceed unless the Court issues a restraining order. Garcia stressed that the poll body is obligated to conduct the elections under the law.
