Case Summary (G.R. No. 242255)
Plebiscite Results and Decisional Framework
The plebiscite’s outcome revealed that the constituents of Sulu voted against ratifying the Bangsamoro Organic Law. According to the court, this result reflects the people's will and underscores the principle that the creation of an autonomous region must be based on the independent will of each province or city. The Court emphasized that disregarding this will undermines self-determination and fails to acknowledge the distinct historical, cultural, and political characteristics inherent in the Bangsamoro region.
Initial Court Ruling and Constitutional Violations
In its decision dated September 9, 2024, the Court unanimously declared the inclusion of the Province of Sulu in BARMM as unconstitutional. The ruling recognized that the legislation violated the 1987 Philippine Constitution, particularly Article X, Section 18, which stipulates that only provinces, cities, and geographic areas voting favorably should be included in the autonomous region. Consequently, the Court acknowledged that the Province of Sulu could not have its political status altered without its affirmative vote.
Motions for Partial Reconsideration
Following the decision, multiple parties filed Motions for Partial Reconsideration, arguing various points. The BARMM government contended that treating former ARMM provinces as a single voting unit was constitutional, while others asserted that excluding Sulu would disrupt services and funding essential for the province. These parties sought to have the court reverse its earlier decision and include Sulu in BARMM.
Judicial Review and Self-Determination
The Court reaffirmed its commitment to upholding the constitutional directive that mandates constituent units decide their participation in such governance frameworks through affirmative votes, thus reinforcing the essence of self-determination. The Constitution's provisions, as clarified by the Court, do not permit the imposition of an autonomous region on unwilling local government units, emphasizing the need for public consent.
Analysis of Legislative Powers and the Function of Democracy
The Court outlined that while the legislative branch holds the authority to define the territorial boundaries of an autonomous region, this exercise of power must align with constitutional provisions. The principle of democracy mandates that the constituents of a political unit possess the right to affirm what forms of governance they wish to associate with, reinforcing that local autonomy should not be undermined.
Application of the Doctrine of Operative Fact
The ruling acknowledges the implications of the Province of Sulu's previous inclusion in BARMM, particularly regarding governance, service delivery, and resource allocation. Although the inclusion has been declared unconstitutional, the Court will apply the doctrine of operati
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Background and Parties Involved
- Petitioners include the Province of Sulu, represented by its Governor Abdusakur A. Tan II, and other entities such as the Philippine Association of Islamic Accountants, individual congressmen, and petitioner-intervenors.
- Respondents encompass high-ranking officials including the Executive Secretary, Officers-in-Charge of various departments, the Senate and House of Representatives, the Commission on Elections, among others.
- The case arose out of challenges to the ratification and provisions of the Bangsamoro Organic Law (Republic Act No. 11054), particularly concerning the inclusion of the Province of Sulu within the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).
The Issue Before the Court
- Whether the inclusion of the Province of Sulu in BARMM, despite its constituents voting against ratification of the Bangsamoro Organic Law in the plebiscite, is constitutional.
- Interpretation of Article X, Sections 15 and 18 of the 1987 Constitution regarding the creation of autonomous regions and the requirements of plebiscite votes for inclusion.
- Whether the provinces and cities in the former ARMM should be treated as one geographic voting unit or as separate political entities.
- The application of the doctrine of operative fact following judicial invalidation of certain provisions of the Organic Law.
Facts and Procedural History
- The plebiscite ratifying RA No. 11054 resulted in most areas voting in favor, except the Province of Sulu whose majority voted "No."
- The Supreme Court's September 9, 2024 en banc decision declared void the inclusion of Sulu in BARMM as unconstitutional, affirming the validity of the other provisions of the Organic Law.
- Multiple motions for partial reconsideration were filed by BARMM representatives, government officials, and intervenors, seeking to reverse the exclusion of Sulu.
- Arguments centered on constitutional interpretation, the legislative prerogative to define autonomous region territories, and consequences of exclusion on governance and public services.
Court's Ruling
- The Court denied all motions for partial reconsideration with finality.
- It reaffirmed that each province, city, or geographic area must independently and affirmatively vote in favor of inclusion in the autonomous regio