SC rules vs BARMM laws, stops plebiscites for creation of 3 new towns

GENERAL SANTOS, Philippines – The Supreme Court (SC) has declared unconstitutional provisions of three regional laws pertaining to the creation of new towns in Maguindanao del Norte in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).

The High Tribunal also directed the Commission on Elections (Comelec) not to push through with the scheduled plebiscites for ratifying the creation of the new towns, which were to be formed from two existing municipalities in Maguindanao del Norte.

The SC’s decision has been met with approval from local leaders who opposed the creation of the new towns like mayor Lester Sinsuat of Datu Odin Sinsuat town who had criticized the process for lacking local consultation. The mayor is the husband of Fatima Ainee Sinsuat who was appointed acting vice governor of the province by President Ferdinand Marcos Jr. in 2023.

Mohd Asnin Pendatun, a spokesperson for the BARMM, said on Tuesday, August 20, that the Bangsamoro government respects the SC’s decision and that it is the ultimate authority on constitutional matters.

“We fully understand the reasons behind the ruling and will abide by it in its entirety,” Pendatun said.

In its unanimous decision on August 20, the SC partially granted petitions of Sajid Sinsuat, et al., challenging the constitutionality of Bangsamoro Autonomy Act Nos. 53, 54, and 55. 

The SC ruled that Section 5 of these laws was unconstitutional. The section limited voting in plebiscites to only the barangays within the new municipalities, excluding voters from the mother municipalities.

The petitioners contested the creation of the towns of Datu Sinsuat Balabaran and Sheik Abas Hamza from the municipality of Datu Odin Sinsuat, as well as Nuling from Sultan Kudarat town.

The ruling stated that the plebiscites should include qualified voters from both the new and mother municipalities. It also granted a prohibitory injunction, effective immediately, barring Comelec from conducting the plebiscites scheduled for September 7 and 21.

The Comelec had previously issued resolutions setting these dates for the plebiscites.

In a statement, the Bangsamoro government expressed its commitment to upholding democratic principles and legal processes, despite the setback.

“The Bangsamoro Government upholds democracy and the rule of law, and we respect the recent decision of the Supreme Court as the final arbiter of constitutional matters in our nation,” a statement from the regional government read. “While the intent of the laws was to enhance services for our constituents, we understand and accept the ruling.” – Rappler.com