Case Summary (G.R. No. 242255)
Overview of the Proceedings
The Supreme Court dealt with consolidated petitions filed against Republic Act No. 11054, the Bangsamoro Organic Law (BOL). The petitioners sought a declaration of the law's unconstitutionality and requested the Court to enjoin the plebiscite conducted for its ratification. The Province of Sulu argued that the BOL unlawfully abolished the Autonomous Region in Muslim Mindanao (ARMM) and violated constitutional provisions regarding local governance and self-determination.
Historical Context of the Bangsamoro Conflict
The roots of the conflict pertaining to the Bangsamoro people's autonomy can be traced back to systemic injustices against Muslim minorities in the Philippines. Key historical events, such as the Jabidah Massacre and subsequent declarations of Martial Law, fueled unrest and the demand for self-governance, ultimately leading to various agreements and the eventual establishment of autonomous regions recognized under the 1987 Constitution.
Legal Framework and Conventions
According to Article X, Section 18 of the 1987 Constitution, the basis for creating autonomous regions lies in the enactment of organic acts by Congress, which must define their governance structures. The BOL aimed to create the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) with its political framework while addressing the historical aspirations of the Bangsamoro people for autonomy.
Core Legal Issues
The Court addressed whether the BOL's enactment violated constitutional provisions and whether the plebiscite conducted was valid. Central to the petitioners' argument was the assertion that the inclusion of the Province of Sulu in BARMM, despite its rejection in the plebiscite, constituted a breach of constitutional rights, particularly the right to suffrage and local autonomy.
Constitutional Analysis
The Court clarified that the Constitution permits Congress to amend, replace, or repeal existing organic acts of regions as long as such amendments respect the constitutional framework and are validated by a plebiscite. The BOL represents a continuation of the legislative evolution concerning Muslim autonomy and does not contravene constitutional mandates.
The Outcome of the Plebiscite
The plebiscite was held to determine the acceptance of the BOL, with significant majority support across affected regions while the Province of Sulu registered a negative vote. The Supreme Court held that the Province of Sulu must be excluded from BARMM as its inclusion contradicted the constitutional directive that only geographic units favorably voting in the plebiscite may be included.
Final Declaration and Ruling
The Supreme Court partially granted the petition of the Province of Sulu
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Background and Parties Involved
- Multiple petitions challenging the constitutionality of Republic Act No. 11054 (Bangsamoro Organic Law) consolidated.
- Petitioners include the Province of Sulu represented by its Governor, Philippine Association of Islamic Accountants (PAIA), Philippine Constitution Association (PHILCONSA), Congress members Abdullah D. Dimaporo and Mohamad Khalid Q. Dimaporo, among others.
- Respondents include Executive Secretary Salvador Medialdea, Department of Interior and Local Government Officer-in-Charge, the Senate, the House of Representatives, the Commission on Elections (COMELEC), Secretary Jesus G. Dureza, the Bangsamoro Transition Commission, and the Moro Islamic Liberation Front (MILF).
Historical Context of the Bangsamoro Struggle
- Moro people's struggle for self-determination traced back to early imperialism.
- The 1968 Jabidah Massacre ignited armed conflicts leading to Moro separatist groups’ formation, including Moro National Liberation Front (MNLF) and later MILF.
- Martial Law in 1972 intensified Moro rebellion.
- The 1976 Tripoli Agreement and subsequent decrees led to creation of Autonomous Regions IX and XII.
- 1987 Constitution provided creation of the Autonomous Region in Muslim Mindanao (ARMM).
- Repeated peace talks, some collapsed, and ceasefire agreements occurred across administrations.
- The Framework Agreement on the Bangsamoro signed in 2012, Comprehensive Agreement in 2014, culminating in the Bangsamoro Organic Law in 2018.
Legal Issues Presented
- Constitutionality of Republic Act No. 11054.
- Whether ARMM, a constitutional creation, can be abolished by a Republic Act.
- Validity of establishing the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) through the Organic Law.
- Legitimacy of the parliamentary form of government for BARMM.
- Inclusion of provinces and cities in BARMM, especially the automatic inclusion of the Province of Sulu despite its opposition.
- Rights of indigenous peoples within BARMM and impact of the Organic Law on their identity and autonomy.
- Legality of the conduct and scheduling of plebiscites ratifying the Bangsamoro Organic Law.
- Standing and justiciability of the petitions.
Procedural History and Pleadings
- Petitions filed seeking to declare the Bangsamoro Organic Law unconstitutional and enjoin the plebiscite.
- Petitions consolidated by the Supreme Court.
- Numerous interventions by various groups, including MILF and the League of Bangsamoro Organizations.
- Motions for temporary restraining orders, injunctions, and motions for inhibition filed.
- Plea for ponente’s inhibition due to prior role in peace negotiations was denied.
- Pleas for dismissal on grounds of standing and justiciability addressed.
Scope of Judicial Review and Justiciability
- Addressed the scope of judicial power and political question doctrine.
- Court held that questions regarding constitutionality are justiciable when the legislature is alleged to have exceeded