G.R. No. E-02219, September 30, 2025.
LANANG T. ALI, JR., SAMSODIN C. AMELLA, AND DATUAN M. MAGON, JR., PETITIONERS, vs. BANGSAMORO TRANSITION AUTHORITY PARLIAMENT, ABDULRAOF A. MACACUA, IN HIS CAPACITY AS THE INTERIM CHIEF MINISTER OF THE BANGSAMORO AUTONOMOUS REGION IN MUSLIM MINDANAO, AND COMMISSION ON ELECTIONS, RESPONDENTS. [G.R. No. E-02235] ABDULLAH G. MACAPAAR, ALSO KNOWN AS “COMMANDER BRAVO,” MANGONTAWAR M. MACACUNA, SULTAN ALIM SAAD I. AMATE, NAJER D. EPPIE, NASIF G. MARANGIT, AND MAULANA L. MAMUTUK, PETITIONERS, vs. COMMISSION ON ELECTIONS AND BANGSAMORO TRANSITION AUTHORITY, RESPONDENTS.

FACTS

The consolidated petitions for certiorari and prohibition were filed to declare the unconstitutionality of Bangsamoro Autonomy Act No. 77. The Bangsamoro Organic Law (Republic Act No. 11054) was ratified in a 2019 plebiscite, though the Province of Sulu rejected it. The first parliamentary elections were initially synchronized with the 2022 national elections but were postponed first to May 2025 via Republic Act No. 11593, and then to October 13, 2025 via Republic Act No. 12123. The Bangsamoro Transition Authority (BTA) enacted Bangsamoro Autonomy Act No. 58 on February 28, 2024, creating 32 single-member parliamentary districts. On September 24, 2024, the Supreme Court in Province of Sulu v. Executive Secretary Medialdea declared Sulu not part of the BARMM. Subsequently, on August 19, 2025, five days after the start of the election period set by COMELEC Resolution No. 11149, the BTA enacted Bangsamoro Autonomy Act No. 77 (the Bangsamoro Parliamentary Redistricting Act of 2025). This Act sought to reapportion the 32 districts and reallocate the seven parliamentary seats left vacant by Sulu’s exclusion.

ISSUE

The primary issue addressed in the concurring and dissenting opinion is the constitutionality and legality of Bangsamoro Autonomy Act No. 77 and Bangsamoro Autonomy Act No. 58, and whether the elections for the Bangsamoro parliament should proceed on October 13, 2025.

RULING

Justice Leonen, in his Concurring and Dissenting Opinion, concurs with the finding that Bangsamoro Autonomy Act No. 77 is illegal and unconstitutional. However, he dissents from the view that Bangsamoro Autonomy Act No. 58 is insufficient, illegal, or unconstitutional. He argues that the elections for the Bangsamoro parliament should continue as scheduled on October 13, 2025. He posits that the Omnibus Election Code provides the COMELEC with sufficient provisions, such as Article 1, Section 5, to adjust its program of activities, including postponing an election by not more than thirty days for serious causes like force majeure. He concludes that for the Court to decide the date of the elections sets a dangerous precedent.