THE Bangsamoro Organic Law with all certainty is constitutional, says the Supreme Court (SC) — except for Sulu which should not be included in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).
In its decision, SC found merit on the disapproval of Sulu province to join BARMM. The high tribunal however maintained that BARMM in itself is consitutional “because it neither makes BARMM a separate state from the Philippines” nor allowed to establish foreign relations.
The high court said matters on national defense and security, citizenship, foreign policy and trade are still within the ambit of the national government.
“The BARMM’s autonomy is limited to its internal governance. The greater autonomy given to the region does not imply separation from the national government,” a summary of the ruling released by the SC public information office read.
The high tribunal also upheld the parliamentary form of government of the BARMM, saying an autonomous region is not prohibited from prescribing a form of government that differs from the national government as long as it upholds democratic principles.
The SC, however, ruled as unconstitutional the interpretation of a provision in the law directing provinces and cities in BARMM to vote as one geographical unit, including those that did not vote to be included.
It said only provinces, cities and geographic areas that voted favorably in the plebiscite should be included in the autonomous region.
“As Sulu rejected the Bangsamoro Organic Law in the plebiscite, it was wrong to include the province in the BARMM,” the SC said.
The Bangsamoro Organic Law, enacted in July 27, 2018, provided for the establishment of the BARMM as a political entity and its corresponding basic governmental structure.
In a 2019 plebiscite, Sulu rejected the ratification of the Bangsamoro law. Despite this, the province was included in the autonomous region.
The provincial government of Sulu filed a petition assailing the law.
The BARMM will conduct its first parliamentary elections in May next year, but with the latest SC decision, Sulu will not participate in the electoral exercises. (ANGEL F. JOSE)
