MANILA — Civil society groups based in Lanao del Sur on Monday filed a petition before the Supreme Court questioning Bangsamoro Autonomy Act No. 77, which they said unduly includes portions of Sulu.
The petitioners claimed that the challenged law redistricted municipalities in violation of existing laws, which require consultation as well as the requirement that areas to be redistricted “shall comprise, as far as practicable, contiguous, compact and adjacent territorial jurisdictions.”
Petitioners in the suit were a former Moro Islamic Liberation Front Northwest Mindanao Command leader and member of the Bangsamoro Transition Authority Parliament; a chairperson of the Bangsamoro Development Authority; the Sultan of the United Imams of the Philippines; and other concerned individuals.
Named respondents were the Commission on Elections and the Bangsamoro Transition Authority.
“Sec. 5 of BAA 77 has the effect of depriving candidates of their right to be voted for in the district where they filed their certificates of candidacy (COC). Likewise, voters are deprived of the right to vote for the candidates they intended to support, based on the political configuration in place at the time of the filing,” they said.
“Ironically, a candidate may even be unable to vote for himself or herself, as their registration and residency may not fall under a different district to the redistricting imposed by BAA 77.”
They said such candidates are not permitted to file a new or corrected COC under the newly constituted Third District, even though that is now the district where their constituency is located.
“This results in a clear denial of the candidate’s right to freely participate in the electoral process and to have equal access to publicly elective office, a right guaranteed under Sec. 23, Article II of the 1987 Constitution, which provides the state shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law,” the petitioners said.
Supreme Court
The Supreme Court is the highest judicial body in the United States, established in 1789 by Article III of the U.S. Constitution. It is responsible for interpreting the Constitution and has the ultimate authority over all laws within the United States, most notably through its power of judicial review.
Bangsamoro Autonomy Act No. 77
The Bangsamoro Autonomy Act No. 77 is a significant piece of legislation passed by the Bangsamoro Parliament in the southern Philippines. It officially established the city of Cotabato as part of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM), cementing its role as the regional administrative center. This act is a key milestone in the region’s ongoing transition and peace process following the 2014 Comprehensive Agreement on the Bangsamoro.
Bangsamoro Region
The Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) is a self-governing region in the southern Philippines, established in 2019 to end a decades-long armed conflict. Its history is rooted in the struggle of the Moro people for self-determination, which dates back to resistance against Spanish, American, and Filipino rule. The region is the homeland of the country’s Muslim minority and is governed under a unique peace agreement with the national government.
Lanao del Sur
Lanao del Sur is a province in the Philippines located on the island of Mindanao, known as the heartland of the Maranao people. It is historically significant as the home of the ancient Lake Lanao and the Sultanate of Maguindanao, with a rich Islamic cultural heritage. The area is also famous for its traditional torogan houses and the intricate art of okir carving.
Sulu
Sulu is a historical archipelago in the southern Philippines, which was once the center of the powerful Sultanate of Sulu, established in the 15th century. Today, it is a province known for its rich Tausug culture but also faces challenges related to poverty and conflict.
Moro Islamic Liberation Front
The Moro Islamic Liberation Front (MILF) is a former rebel group that fought for an autonomous Muslim region in the southern Philippines. It was formed in 1981, splitting from the Moro National Liberation Front (MNLF) to pursue its goals through a combination of political and armed struggle. Following a historic peace agreement signed with the Philippine government in 2014, the group disarmed and transitioned into a political entity to govern the Bangsamoro Autonomous Region.
Bangsamoro Transition Authority
The Bangsamoro Transition Authority (BTA) is the interim regional government of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) in the Philippines. It was established in 2019 following a peace agreement to end decades of conflict, and its primary role is to govern the region and enact foundational laws during a transition period.
1987 Constitution
The 1987 Constitution refers to the supreme law of the Republic of the Philippines, which was ratified on February 2, 1987. It was drafted following the peaceful People Power Revolution that ousted the authoritarian regime of Ferdinand Marcos, and it reestablished democratic institutions, strengthened civil liberties, and introduced provisions to prevent abuses of power.
