Case Summary (G.R. No. 124760)
Key Dates
• Organic Act enacted: August 1, 1989
• Scheduled plebiscite: November 19, 1989
• Decision date: November 10, 1989
Applicable Law
• 1987 Philippine Constitution, Article X, Sections 15–21 (regional autonomy provisions)
• Republic Act No. 6734 (Organic Act for the Autonomous Region in Muslim Mindanao)
• Tripoli Agreement (December 23, 1976) – alleged international commitment
Constitutional Framework for Autonomous Regions
• Article X, Sec. 15: Creation of autonomous regions in Muslim Mindanao and the Cordilleras
• Sec. 16–17: National government retains powers not expressly granted to autonomous regions
• Sec. 18: Organic act must define elective executive and legislative bodies; creation effective upon plebiscite approval by constituent units, including only areas voting favorably
• Sec. 19: First Congress to pass organic acts within specified period
• Sec. 20–21: Enumerated powers of autonomous region; peace and order under local police, defense under national government
Challenge under the Tripoli Agreement
• Petitioners alleged conflict between RA 6734 and the Tripoli Agreement, claiming the latter is a binding international instrument.
• Respondents contended the Tripoli Agreement is neither a duly ratified treaty nor binding under Philippine law.
• Court’s Ruling: Review is governed exclusively by the Constitution. Even if the Tripoli Agreement were binding, a subsequent law (RA 6734) would amend it. Only constitutional inconsistency could invalidate the Organic Act.
Creation and Composition of the Autonomous Region
• Abbas argued RA 6734 unconditionally creates the autonomous region regardless of plebiscite results.
• Court clarified: RA 6734 expressly incorporates Article X, Sec. 18 requirements.
• Transitory Provision (Art. XIX, Sec. 13): Creation takes effect only upon majority plebiscite approval in constituent provinces and cities; only areas voting in favor are included. Others remain in existing administrative regions unless the President merges regions administratively.
Nature of the Plebiscite Majority
• Dispute: Does “majority of votes cast by the constituent units” mean total votes across all units or individual majorities in each unit?
• Court’s Analysis: Comparison with ratification clause (Art. XVIII, Sec. 27) shows deliberate distinction.
• Holding: Approval requires a simple majority in each constituent province or city; no aggregate-wide majority requirement.
Inclusion of Non-Muslim Areas and Equal Protection
• Mam-o contended only predominantly Muslim areas should be included; inclusion of others expands the scope beyond constitutional intent.
• Court’s Answer: Constitution grants Congress discretion to identify areas sharing common historical, cultural, economic and social characteristics. Legislative determination is not justiciable.
• Equal Protection: Reasonable classification; distinction between included and excluded areas rests on substantial differences recognized by Congress.
Free Exercise of Religion and Shari’ah Courts
• Petitioners feared conflicts between national law and the Muslim Code (P.D. 1083) would undermine religious freedom, as Shari’ah courts must apply national law in case of conflict.
• Court’s Response: No actual controversy presented. Potential conflicts insufficient to justify declaratory relief absent concrete cases of religious-rights violations.
Presidential Power to Merge Administrative Regions
• Petitioners argued Art. XIX, Sec. 13’s grant of authority to the President to merge regions conflicts with Art. X, Sec. 10, which regulates creation and merger of local government units by plebiscite.
• Court Distinction: Administrative regions (Regions I–XII, NCR) are not constitutional pol
Case Syllabus (G.R. No. 124760)
Procedural History and Background
- Consolidation of two petitions challenging the scheduled November 19, 1989 plebiscite in thirteen provinces and nine cities of Mindanao and Palawan under R.A. No. 6734.
- Petitioners sought:
- A writ of injunction to restrain COMELEC from holding the plebiscite and the Secretary of Budget and Management from releasing funds.
- A declaration of unconstitutionality of R.A. No. 6734, in whole or in part.
- Solicitor General filed a consolidated comment as respondents’ answer; petitioners filed a motion for leave to reply and to open oral arguments.
- Case submitted for decision with issues joined.
Constitutional and Statutory Framework
- 1976 Tripoli Agreement: proposed “establishment of an Autonomous Region in the Southern Philippines,” enumerating thirteen provinces.
- 1987 Constitution, Article X, Sections 15–21:
- Mandates creation of autonomous regions in Muslim Mindanao and the Cordilleras.
- Requires an organic act to define structure, powers, plebiscite conditions, and special courts.
- Section 18: Creation effective only upon approval by majority votes in constituent units; only favoring units included.
- Republic Act No. 6734 (Organic Act for the Autonomous Region in Muslim Mindanao), enacted August 1, 1989, implements the constitutional mandate and specifies plebiscite procedures.
Issues Presented
- Whether R.A. No. 6734, or parts thereof, violate the Constitution.
- Whether certain provisions conflict with the Tripoli Agreement.
- Specific challenges included:
- Alleged unconditional creation of the autonomous region without plebiscite condition.
- Interpretation of “majority of votes” requirement.
- Inclusion and exclusion of areas based on historical, cultural, economic, and social characteristics.
- Alleged violations of free exercise of religion by subordinating Shari’ah courts to national law.
- Presidential power to merge existing administrative regions.
- Oversight Committee’s schedule for transfer of powers, appropriations, and properties.
Petitioners’ Main Arguments
- R.A. 6734 unconditionally creates an autonomous region, ignoring plebiscite requirement of Section 18, Article X of the Constitution.
- Provisions of R.A. 6734 conflict with the Tripoli Agreement, which is a binding international agreement.
- Definition of “majority” should require overall plebiscite majority, not unit-by-unit count.
- Congress exceeded its discretion by including areas lacking common histo