G.R. No. 242255 – Political Law – Constitutional Law – General Principles – Elements of a State – Sovereignty – Derogation; Constitutionality of the BARMM
In July 2018, R.A. No. 11054 or the Bangsamoro Organic Law was enacted. The enactment was pursuant to Sec. 1, Art. X of the 1987 Constitution which provides: xxx There shall be autonomous regions in Muslim Mindanao xxx. The law sought to create the Bangsamoro Autonomous Region in Muslim Mindanao or the BARMM. The law sought to cover the provinces and cities under the ARMM, which are:
Provinces: Basilan, Cotabato, Davao del Sur, Lanao del Norte, Lanao del Sur, Maguindanao, Palawan, South Cotabato, Sultan Kudarat, Sulu, Tawi-Tawi, Zamboanga del Norte, and Zamboanga del Sur, and
Cities: Cotabato, Dapitan, Dipolog, General Santos, Iligan, Marawi, Pagadian, Puerto Princesa, and Zamboanga.
Thereafter, a plebiscite was held in those localities for purposes of ratification. The Province of Sulu did not ratify RA 11054. Despite non-ratification, Sulu was included as a province in the implementation of the law.
ISSUE: Whether or not Sulu should be included in the BARMM.
HELD: No. Sulu rejected RA 11054 hence it should not be included in the BARMMM. (Sulu is now part of Region IX).
The Supreme Court also declared that RA 11054 is constitutional as, unlike in the earlier Memorandum of Agreement on Ancestral Domain between the MILF and the GRP Peace Panel (North Cotabato vs GRP Peace Panel, G.R. No. 183591, 14 October 2008), the BARMM under RA 11054 is not a new state. It is an autonomous region and not a state nor an associate state separate from the Philippines. It did not give it power as against other states nor was sovereignty derogated to it. At the same time, it is still autonomous as it was given autonomous features like a parliament and an organic law. It is still democratic as members of the parliament are elected by the people.
