COTABATO CITY (MindaNews / 10 September) — The Supreme Court decision declaring Sulu not a part of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) was greeted with dismay here and has apparently brought the region in quandary, as the area is set to hold its historic parliamentary elections in May 2025.
Less than a month before the filing of certificates of candidacy for the first Bangsamoro Parliament election, which will be simultaneously held with the midterm national and local polls, the High Tribunal on Monday announced that Sulu does not belong to the BARMM as it rejected inclusion to the region, but affirmed the validity of Republic Act 11054 or the Bangsamoro Organic Law, which established the BARMM.
“As Sulu rejected the Bangsamoro Organic Law in the plebiscite, it was wrong to include the province in (the) BARMM,” the Supreme Court decision said.
The decision, which the SC ordered as “immediately executable,” was penned by Senior Associate Justice Marvic M.V.F. Leonen. Justice Japar B. Dimaampao filed a separate concurring opinion.
In a press briefing Tuesday afternoon, BARMM spokesperson Mohd Asnin Pendatun welcomed the decision of the Supreme Court in upholding the constitutionality of the BOL.
“But on the other hand, we are saddened by the exclusion of Sulu province from BARMM,” he said.
During the 74th cabinet meeting called by Bangsamoro interim Chief Minister Ahod Ebrahim also on Tuesday, Pendatun said the BARMM government is looking into the implications of the Supreme Court decision.
“A wise decision is not to abruptly stop the services of BARMM in Sulu province and to safeguard the welfare of employees attached to the different ministries of the region,” said Pendatun, noting they have not yet received the official copy of the SC decision.
“But we are not closing the probability that Sulu will come back to BARMM,” he added, referring to the united Bangsamoro struggle for self-identity and determination which they fought for decades.
Member of Parliament Laisa Alamia, a lawyer, noted that the decision marks a pivotal moment in the complex history of the Bangsamoro peoples’ struggle for self-determination.
“Given that this decision is immediately executory, it poses significant challenges and questions, particularly in relation to the Bangsamoro Electoral Code, the Parliamentary Redistricting Law, and the upcoming 2025 BARMM Parliamentary elections,” Alamia posted on Facebook.
The creation of the BARMM was anchored on the Comprehensive Agreement on the Bangsamoro, which the Philippine government and the Moro Islamic Liberation Front (MILF) signed in 2014 after 17 years of negotiations.
Lawyer Naguib Sinarimbo, former head of the Ministry of Interior and Local Government-BARMM and who was part of the MILF peace panel technical working group, said the decision of the Supreme Court will have “far reaching consequences.”
“The decision may be interpreted in a way as to postpone the 2025 (Bangsamoro parliamentary) elections given that the opting out of Sulu will result in the inoperability of the BARMM Electoral Code (BEC) for several reasons,” he said.
Under the BEC, the Bangsamoro Parliament will be composed of 80 seats, with the members voting among themselves the chief minister. Fifty percent or 40 seats shall be filled up through party representation, 40 percent or 32 seat by district representations and the rest of the eight seats by sectoral representations.
In the case of Sulu, it has been allotted with seven district representatives, and its exclusion from the BARMM is causing dilemma to stakeholders.
“It is sad to think that political conveniences would now kill the Bangsamoro dream. A dream for which we have made supreme sacrifices for its realization,” Sinarimbo stressed.
Sinarimbo said that a “far more dangerous consequence” of the decision will be the introduction of an “opt out” provision not otherwise provided in the law, which could be triggered by the latest SC ruling.
He said it may result in other provinces and cities to entertain and even pursue the idea of opting out from the autonomous region that in the end, the region “will be left with no provinces and cities.”
Another consequence, he said, will be the “death of the Bangsamoro idea where a single identity unites all the 13 ethno-linguistic groups of Muslims in Mindanao who have stood against all forms of colonialism over the centuries.”
Former Maguindanao Vice Governor Dustin Mastura commented: “ It is a sad day for the Bangsamoro. What’s next? Exclusion then another extension?”
“Setting politics aside, we are now witnessing the fragmentation of what was once a unified Bangsamoro community,” said Jorjanie Sinsuat, a youth leader and BARMM employee.
“Due to the greed of some people, a lot will suffer,” said Ismael Mukaram, a Tausug also working in the BARMM government.
Former Autonomous Region in Muslim Mindanao (ARMM) governor and now Basilan Representative Mujiv Hataman also expressed dismay over the separation of Sulu from BARMM.
ARMM was replaced by the BARMM following the plebiscite in January 2019.
“While we laud the decision of the Supreme Court on the validity of BOL, we cannot hide our sadness and dismay for the exclusion of Sulu,” he said.
Hataman cited the history of Sulu and the Tausugs “as the frontrunners of the struggle in Mindanao,” which resulted to what is now a “free-governing Bangsamoro region.”
“I will not celebrate the dying of our Bangsa. We are not Bangsamoro without Sulu and (our) Tausug brethren. Astagfirullah,” Datu Rajiv Ramos, an ally of the MILF’s United Bangsamoro Justice Party in Lanao Del Sur.
Political analyst Prof. Edmund Tayao said the decision of the Supreme Court on the constitutionality of the Bangsamoro Organic Law “left many bewildered.”
“While it settles BARMM’s legitimacy, it essentially engenders the division of the Bangsamoro,” he said.
“It is crucial that we approach the changes that come with an unwavering commitment to peaceful processes and to act promptly to avoid exacerbating existing tensions along identity and political lines,” said Francisco Lara Jr., a trustee of the Climate Conflict Action (CCA), a non-governmental organization that gathers and analyses conflict data.
“The Bangsamoro government, national agencies and the civil society must focus on measured and conflict-sensitive efforts to prevent deepening of polarized views and ensure that the progress made in peace and stability is not undermined,” he added.
Member of Parliament Omar Sema, a lawyer, said the Supreme Court decision has caused quandary in the region. but it could be challenged by filing a motion for reconsideration. (Ferdinandh Cabrera / MindaNews)
