Case Digest (G.R. No. 89651)
Facts:
Petitioners, taxpayers of Mindanao including Datu Firdausi I.Y. Abbas and others, filed consolidated petitions seeking to enjoin the Commission on Elections (COMELEC) from conducting a plebiscite scheduled for November 19, 1989 and to restrain the Secretary of Budget and Management from releasing funds, and to declare R.A. No. 6734 unconstitutional in its entirety or in part. The Solicitor General filed a consolidated comment, the issues were joined, the case was submitted for decision, and the Court resolved the petitions by final judgment.Issues:
- Does R.A. No. 6734 violate the Constitution and therefore warrant enjoinment of the plebiscite and blockage of funds?
- Is the Tripoli Agreement a binding instrument that renders parts of R.A. No. 6734 invalid?
- Does R.A. No. 6734 unconditionally create an autonomous region contrary to Art. X, Sec. 18, 1987 Constitution?
- Does the constitutional plebiscite requirement mean a majority of total votes cast or a majority in each cons
Case Digest (G.R. No. 89651)
Facts:
- Parties and reliefs sought
- DATU FIRDAUSI I.Y. ABBAS, DATU BLO UMPAR ADIONG, DATU MACALIMPOWAC DELANGALEN, CELSO PALMA, ALI MONTAHA BABAO, JULMUNIRJANNARAL, RASHID SABER, AND DATU JAMAL ASHLEY ABBAS, REPRESENTING THE OTHER TAXPAYERS OF MINDANAO, PETITIONERS filed a petition.
- ATTY. ABDULLAH D. MAM-O, PETITIONER filed a separate petition later consolidated with the above.
- COMMISSION ON ELECTIONS and HONORABLE GUILLERMO C. CARAGUE, DEPARTMENT SECRETARY OF BUDGET AND MANAGEMENT, RESPONDENTS were named in the consolidated petitions in their official capacities.
- Petitioners sought: (a) injunctive relief enjoining COMELEC from conducting a plebiscite scheduled for November 19, 1989 and enjoining the Secretary of Budget and Management from releasing funds to COMELEC for that purpose; and (b) a declaratory judgment that Republic Act No. 6734 or parts thereof are unconstitutional.
- Procedural posture
- The Solicitor General filed a consolidated comment for the respondents, which the Court treated as an answer.
- The case was deemed submitted for decision after issues were joined; a subsequent "Manifestation with Motion for Leave to File Reply on Respondents' Comment and to Open Oral Arguments" by petitioner Mama-o was noted by the Court.
- The petitions were consolidated for consideration.
- Background legal instruments and events
- The plebiscite concerned provinces and cities enumerated in Article II, Section 1(2) of Republic Act No. 6734 to implement the Organic Act for the Autonomous Region in Muslim Mindanao.
- The Tripoli Agreement (Agreement Between the Government of the Republic of the Philippines and Moro National Liberation Front, with participation of the Quadripartite Ministerial Commission Members of the Islamic Conference and the Secretary General of the Organization of Islamic Conference) took effect on December 23, 1976 and enumerated thirteen provinces as "areas of autonomy."
- The 1987 Constitution provided for the creation of autonomous regions in Article X, Sections 15–21, including:
- Section 15 creating autonomous regions in Muslim Mindanao and the Cordilleras.
- Section 16 providing presidential general supervision over autonomous regions.
- Section 17 vesting powers not granted to autonomous regions in the National Government.
- Section 18 requiring Congress to enact an organic act, defining structure and providing for a plebiscite whose approval by majority of votes cast by the constituent units makes creation effective, and limiting inclusion to provinces, cities, and geographic areas voting favorably.
- Sections 19–21 addressing congressional enactment timing, scope of regional legislative powers, and maintenance of peace and order.
- Republic Act No. 6734 (Organic Act for the Autonomous Region in Muslim Mindanao) was enacted and signed into law on August 1, 1989 to implement the constitutional mandate.
- Core categories of petitioners' arguments
- That Republic Act No. 6734, or parts thereof, violate the 1987 Constitution.
- That certain provisions of Republic Act No. 6734 conflict with the Tripoli Agreement.
- Specific challenges included:
- Petition by Abbas that Article II, Section 1(1) of Republic Act No. ...(Subscriber-Only)
Issues:
- Justiciability and scope
- Whether the Court must determine the legal effect of the Tripoli Agreement and whether conflicts between it and Republic Act No. 6734 warrant enjoining implementation of the Organic Act.
- Whether challenges to possible future conflicts between national law and provisions of the Muslim Code or Tribal Code present an actual justiciable controversy under Article VIII, Section 1 of the 1987 Constitution.
- Interpretation and constitutionality of the Organic Act
- Whether Republic Act No. 6734 unconditionally creates the Autonomous Region in Muslim Mindanao contrary to Article X, Section 18 of the 1987 Constitution.
- The proper meaning of the "majority of the votes cast by the constituent units" required by Article X, Section 18—whether it means a majority of total votes cast across all constituent units, a majority in each constituent unit, or both.
- Whether Congress exceeded its authority under Article X by including provinces and cities that purportedly do not share the "common and distinctive" characteristics required by the Constitution.
- Whether the inclusion of some non-Muslim areas but not others violates th...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)