SC declares Sulu not part of Bangsamoro region

MANILA, Philippines — The Supreme Court (SC) has upheld the constitutionality of the Bangsamoro Organic Law, but declared Sulu not part of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) after the province rejected the ratification of the law.

The SC said the Bangsamoro law is constitutional because it does not make BARMM a separate state from the Philippines.

It said the law did not give the BARMM the power to enter into relations with other states, nor did it grant the autonomous region sovereignty.

The high court said matters pertaining to national defense and security, citizenship, foreign policy and trade remain with the national government.

“The BARMM’s autonomy is limited to its internal governance. The greater autonomy given to the region does not imply separation from the national government,” a summary of the ruling released by the SC public information office read.

The high tribunal also upheld the parliamentary form of government of the BARMM, saying an autonomous region is not prohibited from prescribing a form of government that differs from the national government as long as it upholds democratic principles.

The SC, however, ruled as unconstitutional the interpretation of a provision in the law directing provinces and cities in BARMM to vote as one geographical unit, including those that did not vote to be included.

It said only provinces, cities and geographic areas that voted favorably in the plebiscite should be included in the autonomous region.

“As Sulu rejected the Bangsamoro Organic Law in the plebiscite, it was wrong to include the province in the BARMM,” the SC said.

The Bangsamoro Organic Law, enacted in July 27, 2018, provided for the establishment of the BARMM as a political entity and its corresponding basic governmental structure.

In a 2019 plebiscite, Sulu rejected the ratification of the Bangsamoro law. Despite this, the province was included in the autonomous region.

The provincial government of Sulu filed a petition assailing the law.

The BARMM will conduct its first parliamentary elections in May next year, but with the latest SC decision, Sulu will not participate in the electoral exercises.