G.R. No. 89651 - Abbas vs. Commission on Elections

Petitioners: Datu Firdausi I.Y. Abbas, Datu Blo Umpar Adiong, Datu Macalimpowac Delangalen, Celso Palma, Ali Montaha Babao, Julmunirjannaral, Rashid Saber, Datu Jamal Ashley Abbas (representing other Mindanao taxpayers), and Atty. Abdullah D. Mam-o.
Respondents: Commission on Elections (COMELEC) and Guillermo C. Carague, Secretary of Budget and Management.
Reliefs sought: (a) to enjoin COMELEC from holding the plebiscite and the Budget Secretary from releasing funds for it; (b) to declare Republic Act No. 6734 (Organic Act for the Autonomous Region in Muslim Mindanao) or parts thereof unconstitutional.

Tripoli Agreement (December 23, 1976): an international agreement providing for “the establishment of Autonomous in the Southern Philippines” and enumerating thirteen provinces as “areas of autonomy.”
1987 Constitution, Article X, Sections 15–21: mandates creation of autonomous regions in Muslim Mindanao and Cordilleras; requires organic acts enacted by Congress, ratification by plebiscite, and defines legislative and executive structures and powers.

Republic Act No. 6734 (enacted August 1, 1989): Organic Act implementing constitutional mandate for Autonomous Region in Muslim Mindanao (ARMM).
Plebiscite scheduled for November 19, 1989, in thirteen provinces (including Basilan, Sulu, Maguindanao, Lanao del Sur) and nine cities (including Cotabato, Marawi, Zamboanga) as listed in RA 6734.
Procedural history: Solicitor General filed consolidated comment (treated as answer); issues were joined; petitioners sought leave to reply and to open oral arguments; case deemed submitted for decision.

Does RA 6734 conflict with provisions of the Tripoli Agreement?
Is the Tripoli Agreement a binding international treaty enforceable as part of Philippine law?

Does RA 6734 unconditionally create the ARMM, contrary to the plebiscite condition precedent in Article X, Section 18 of the Constitution?
Does “majority of the votes cast by the constituent units” refer to the aggregate total of votes or to a majority in each unit?

Does inclusion of all thirteen provinces and nine cities exceed constitutional criteria of “common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics”?
Does the exclusion of other non-Muslim areas in Mindanao violate equal protection by denying them autonomy benefits?

Does the provision requiring Shari’ah courts to apply national law in case of conflict with Muslim or tribal codes infringe the constitutional guarantee of free exercise of religion?
Can a potential conflict suffice for judicial review absent an actual case or controversy?

Is the presidential power to merge administrative regions under Article XIX, Section 13 of RA 6734 unconstitutional because not granted by the Constitution?
What is the distinction between administrative regions and political subdivisions requiring plebiscite for merger?

Are provisions creating an Oversight Committee (Art. XIX, Secs. 3–4) to supervise transfer of powers, appropriations, and properties to the regional government unconstitutional for delaying the ARMM’s creation?
Does the transitional schedule conflict with the Constitution’s plebiscite-based effective date for the ARMM?