G.R. No. 242255 , September 9, 2024
PROVINCE OF SULU, ET AL. VS. HON. SALVADOR C. MEDIALDEA, ET AL. (CONSOLIDATED WITH G.R. NOS. 243246 & 243693)

FACTS

The consolidated Petitions for Certiorari and Prohibition sought to declare Republic Act No. 11054 , the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao (Bangsamoro Organic Law or BOL), unconstitutional and to enjoin the plebiscite for its ratification. The law was the culmination of a long history of peace negotiations between the Philippine government and Muslim separatist groups, tracing back to the 1968 Jabidah Massacre and the subsequent formation of the Moro National Liberation Front (MNLF) and the Moro Islamic Liberation Front (MILF). Key milestones included the 1976 Tripoli Agreement, the creation of the Autonomous Region in Muslim Mindanao (ARMM) under the 1987 Constitution via Republic Act No. 6734 , the 2008 Memorandum of Agreement on Ancestral Domain (declared unconstitutional in Province of North Cotabato v. GRP), the 2012 Framework Agreement on the Bangsamoro, and the 2014 Comprehensive Agreement on the Bangsamoro. The BOL was signed into law on July 27, 2018, and provided for the establishment of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) upon ratification by plebiscite. The Commission on Elections (COMELEC) issued Resolution No. 10425 setting the plebiscite rules. The Province of Sulu, represented by Governor Abdusakur A. Tan II, filed a petition arguing the BOL was unconstitutional for: (1) abolishing the ARMM, a constitutional creation that can only be abolished by constitutional amendment; (2) establishing a parliamentary form of government in the BARMM where the chief minister is elected by parliament, not the people; (3) automatically including the ARMM’s area in the BARMM’s territory; (4) denying the people of Sulu the option to join or not join the BARMM; (5) erasing the autonomy and identity of indigenous peoples in Sulu; and (6) designating the MILF to lead the Bangsamoro Transition Authority, violating equal protection.

ISSUE

Whether Republic Act No. 11054 , the Bangsamoro Organic Law, is unconstitutional.

RULING

The Supreme Court DISMISSED the Petitions. The Bangsamoro Organic Law is CONSTITUTIONAL.
The Court held that the BOL is a product of the legislative power granted by the Constitution to provide for autonomous regions. The abolition of the ARMM and its replacement by the BARMM is a valid exercise of congressional discretion under Article X, Section 18 of the Constitution , which allows Congress to enact organic acts for autonomous regions. The ARMM is a statutory, not a constitutional, creation; therefore, it can be replaced by a new organic act without the need for a constitutional amendment. The parliamentary form of government established for the BARMM is permissible as the Constitution does not prescribe a specific form of government for autonomous regions, allowing Congress flexibility to tailor the structure to the region’s needs. The automatic inclusion of the present ARMM area in the BARMM territory, subject to a plebiscite, is consistent with constitutional requirements for the creation of autonomous regions. The plebiscite mechanism under the BOL satisfies the constitutional mandate that the organic act be ratified by a majority of votes cast in the constituent units. The concerns regarding the rights of indigenous peoples and the designation of the MILF to lead the transition are matters of implementation that do not render the law itself invalid. The law, on its face, does not violate the Constitution and represents a legitimate legislative effort to address the historical struggle for self-determination and peace in Mindanao.