G.R. No. 271741 & G.R. No. 271972, August 20, 2024
DATU SAJID S. SINSUAT, EBRAHIM P. DIOCOLANO, AND FEBY A. ACOSTA, PETITIONERS, VS. HON. AHOD BALAWAG EBRAHIM, IN HIS CAPACITY AS INTERIM CHIEF MINISTER OF THE BANGSAMORO GOVERNMENT, AND BANGSAMORO TRANSITION AUTHORITY (BTA), RESPONDENTS.

[G.R. No. 271972]
MAYOR DATU TUCAO O. MASTURA, FOR HIMSELF AND AS REPRESENTATIVE OF THE MUNICIPALITY OF SULTAN KUDARAT, MAGUINDANAO DEL NORTE, AND THE LIGA NG MGA BARANGAY OF THE MUNICIPALITY OF SULTAN KUDARAT, MAGUINDANAO DEL NORTE, REPRESENTED BY BAI ALIYYAH NADRAH M. MACASINDIL, PETITIONERS, VS. BANGSAMORO TRANSITION AUTHORITY (BTA), AND HON. AHOD BALAWAG EBRAHIM, IN HIS CAPACITY AS THE INTERIM CHIEF MINISTER OF THE BANGSAMORO AUTONOMOUS REGION IN MUSLIM MINDANAO (BARMM), AND THE COMMISSION ON ELECTIONS, RESPONDENTS.

FACTS

On December 20, 2023, the Bangsamoro Transition Authority (BTA) Parliament passed, and on December 26, 2023, Interim Chief Minister Ahod Balawag Ebrahim signed, three Bangsamoro Autonomy Acts (BAAs) creating new municipalities in Maguindanao del Norte: BAA 53 created the Municipality of Nuling from barangays of Sultan Kudarat; BAA 54 created the Municipality of Datu Sinsuat Balabaran from barangays of Datu Odin Sinsuat; and BAA 55 created the Municipality of Sheik Abas Hamza also from barangays of Datu Odin Sinsuat. These laws were enacted pursuant to the Bangsamoro Organic Law (Republic Act No. 11054) and the subsequently passed Bangsamoro Local Governance Code of 2023 (BAA 49). Petitioners filed separate suits assailing these BAAs. In G.R. No. 271741, petitioners challenged BAAs 54 and 55. In G.R. No. 271972, petitioners challenged BAA 53. The petitions argued that the creation of the municipalities was invalid for, among other grounds, lack of the required plebiscite. The Commission on Elections (COMELEC) subsequently promulgated resolutions setting plebiscites for the ratification of the created municipalities: for Nuling (BAA 53) on September 7, 2024, and for Datu Sinsuat Balabaran and Sheik Abas Hamza (BAAs 54 & 55) on September 21, 2024. The cases were consolidated.

ISSUE

Whether the Bangsamoro Autonomy Acts (BAAs 53, 54, and 55) creating new municipalities are valid and effective despite the non-conduct of a prior plebiscite.

RULING

No. The Supreme Court declared Bangsamoro Autonomy Act Nos. 53, 54, and 55 void for being unconstitutional. The Court ruled that the creation, division, merger, abolition, or alteration of boundaries of local government units (LGUs) under the Bangsamoro Autonomous Region requires approval by a majority of the votes cast in a plebiscite conducted in the political units directly affected, as mandated by Section 10, Article X of the 1987 Constitution. This constitutional requirement is incorporated and reiterated in the Bangsamoro Organic Law (BOL) and the Bangsamoro Local Governance Code (BLGC). The BTA’s act of creating the new municipalities through the assailed BAAs, without first securing the requisite plebiscite, constituted a clear violation of this fundamental condition. The Court emphasized that the plebiscite is not a mere formality but a substantive requirement that gives effect to the creation of the LGU. Consequently, the laws creating the Municipalities of Nuling, Datu Sinsuat Balabaran, and Sheik Abas Hamza are null and void ab initio (from the beginning). The COMELEC resolutions setting the plebiscites were rendered without legal basis. The Court permanently enjoined the implementation of BAAs 53, 54, and 55 and the conduct of the scheduled plebiscites.