Maguindanao Gov. Esmael Mangudadato has asked the Supreme Court to dismiss the petitions challenging the constitutionality of the Bangsamoro Organic Law that would set up the Bangsamoro Autonomous Region to expand the territorial jurisdiction of the Autonomous Region in Muslim Mindanao.
In his comment in intervention, Mangudadato cited the overwhelming vote for the ratification of the BOL in a plebiscite conducted by the Commission on Elections.
He told the SC that in Maguindanao alone, 599,581 resident-voters ratified the BOL as against 9,096 voters with “No” votes. Also, he said, the result of the Jan. 21 plebiscite in the ARMM showed that 1,595,731 voters said “Yes” to BOL compared to 246,185 who voted “No.”
“The sovereign voice of the ARMM has clearly spoken. Under the principle of vox populi suprema est lex (the voice of the people should be the supreme law), we implore the Honorable Court to abide by the solemn duty to uphold the clear and unmistakable mandate of the people,” Mangudadato said in his motion.
“The majority overwhelmingly and unequivocally voted for the ratification of the Bangsamoro Organic Law and in the final analysis, the indomitable people of the Bangsamoro Autonomous Region most certainly deserve every liberal interpretation of its Organic Law, RA 11054,” he also said.
Sought to be dismissed are the petitions filed by the Sulu provincial government led by Gov. Abdusakur Tan II and the Philippine Constitution Association.
RA 11054 was signed into law by President Duterte in July last year. It expanded the ARMM under the new BAR with greater fiscal autonomy, regional government, parliament, and justice system.
BAR will be composed of the current ARMM members – Tawi-Tawi, Sulu, Basilan, Maguindanao, and Lanao del Sur. To be added to the region are six municipalities in Lanao del Norte, 39 barangays in Cotabato, and the cities of Isabela and Cotabato subject to approval of the voters in the areas.
Earlier, Solicitor General Jose C. Calida – who represented both the Executive and the Legislative departments – had told the SC that RA 11054 does not violate Sections 18 and 19, Article 10 of the Constitution that mandates only one organic act to establish the ARMM.
Calida said that RA 11054 which created the BAR was not exactly a creation of a new autonomous region as described in the Constitution, but rather an amendment of the organic act and an expansion of the territorial jurisdiction of ARMM. (Rey Panaligan)
