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. / 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
These are consolidated petitions challenging the constitutionality of certain Bangsamoro Autonomy Acts (BAAs) passed by the Bangsamoro Transition Authority (BTA). The BAAs in question are BAA No. 53 (creating the Municipality of Nuling), BAA No. 542 (creating the Municipality of Datu Sinsuat Balabaran), and BAA No. 553 (creating the Municipality of Sheik Abas Hamza). The petitioners argue that the phrase “qualified voters in a plebiscite to be conducted in the barangays comprising the municipality pursuant to Section 2 hereof” found in these BAAs is unconstitutional. They contend that since the existing Municipalities of Sultan Kudarat and Datu Odin Sinsuat are directly affected by the creation of the new municipalities, all qualified voters in these entire existing municipalities should be allowed to vote in the plebiscite, not just the voters in the barangays that will comprise the new municipalities.
ISSUE
Whether the phrase “qualified voters in a plebiscite to be conducted in the barangays comprising the municipality pursuant to Section 2 hereof” in the subject Bangsamoro Autonomy Acts is constitutional, considering the requirement under Article X, Section 10 of the 1987 Constitution that a plebiscite must be conducted “in the political units directly affected” by the creation of a new local government unit.
RULING
The Separate Concurring Opinion of Justice Dimaampao concurs with the main ponencia’s ruling that the challenged phrase is unconstitutional. The opinion agrees that the entire existing municipalities of Sultan Kudarat and Datu Odin Sinsuat are the “political units directly affected” by the creation of the new municipalities. Therefore, limiting the plebiscite to only the qualified voters of the barangays that will comprise the new municipalities violates Article X, Section 10 of the Constitution. The opinion refines the analysis by proposing the application of the three-factor test from Del Rosario v. Commission on Elections (territorial alteration, political effects, and economic effects) to determine the “political units directly affected.”
Furthermore, the opinion addresses the issue of compliance with the Local Government Code (LGC) criteria for creation (income, population, land area). It emphasizes that while the BTA’s legislative powers under the Bangsamoro Organic Law are subject to the Constitution and national laws like the LGC, the petitioners failed to adduce sufficient proof to overcome the presumption of constitutionality accorded to the BAAs. The petitioners were unable to substantiate their claim of irregularities in the BTA proceedings or non-compliance with the LGC criteria. Consequently, aside from the unconstitutional plebiscite provision, the BAAs are presumed valid. The resolution of any factual dispute regarding LGC compliance should be properly threshed out in a trial where evidence can be presented.
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