MANILA, Philippines — Muslim authorities have expressed fears of “far-reaching consequences” after the Supreme Court (SC) decided to exclude Sulu from the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM), with one lawmaker describing the impact as “political tremors that endanger the very foundation of a unified Bangsamoro.”

The SC announced Monday, September 9, that it has ruled to uphold the constitutionality of the Bangsamoro Organic Law, but that it also ruled to exclude Sulu from BARMM because the province did not ratify it during the 2019 plebiscite.

“The decision of the Supreme Court on this case involving the constitutionality of the Bangsamoro Organic Law and on the status of the province of Sulu in relation to the BARMM will have far-reaching consequences,” former BARMM interior minister Naguib Sinarimbo said in a Facebook post.

In a statement, Lanao del Sur 1st District Representative Zia Alonto Adiong said: “While we respect the decision of the Supreme Court, the loss of Sulu leaves a deep void in the Bangsamoro homeland. These are political tremors that endanger the very foundation of a unified Bangsamoro.”

Even crisis group Climate Conflict Action, which last month warned of a “deadly” 2025 elections in the BARMM, warned of “far-reaching changes.”

“The ruling is critical and will usher in far reaching changes in the island peripheries where most of the recent successful and peaceful transitions have occurred,” said Francisco Lara Jr., executive director of Climate Conflict Action.

What happened?

When the Bangsamoro Organic Law (BOL) was enacted by then-president Rodrigo Duterte on July 27, 2018, it created the BARMM which replaced the Autonomous Region in Muslim Mindanao (ARMM). The ARMM included Sulu.

To ratify the BOL, a plebiscite was held in January 2019. In the plebiscite rules, under the BOL, ARMM would vote as one geographical area, meaning that majority wins from all the votes of the provinces combined.

In 2018, then-Sulu governor Abdusakur A. Tan II filed a petition before the Supreme Court to declare the BOL unconstitutional, citing among others that Sulu’s automatic inclusion in the BARMM erased their identities and trampled on their rights.

For context, Sulu is the birthplace and bailiwick of the Moro National Liberation Front (MNLF), a rival group of the Moro Islamic Liberation Front. Peace negotiations between the government and the MILF paved the way for the deal that culminated in the BOL that created the BARMM, which is currently led by the MILF.

While Tan’s petition was pending before the Supreme Court, the Commission on Elections (Comelec) pushed through with the plebiscite in January 2019. Sulu as a province did not vote to ratify the BOL. Even so, they were still deemed part of the BARMM because the former ARMM ratified the BOL by majority votes as one geographical unit.

In resolving the petition, the Supreme Court first upheld the constitutionality of the BOL. Sulu’s Tan had argued that Congress cannot just abolish the former ARMM through the BARMM because it was a constitutional creation. The decision, penned by Senior Associate Justice Marvic Leonen, rebuked that argument.

“It is absurd to believe that the Constitution contemplated that only the first Congress may enact the organic law for the autonomous regions. Likewise outrageous is the claim that the organic law cannot be amended by subsequent Congresses,” said the unanimous ruling.

Consequences to Sulu

In the opposition to the BOL, Tan argued in his petition that Sulu cannot be included in the BARMM just because the former ARMM was counted as one. Tan argued that “only provinces, cities, and geographic areas voting favorably in such plebiscite shall be included in the autonomous region,” citing Section 18, Article 10 of the Constitution.

The Supreme Court agreed with him, but it had the effect of excluding Sulu from BARMM.

“Petitioner is correct. The inclusion of Sulu in BARMM, despite its constituents’ rejection in the plebiscite, is therefore unconstitutional,” said the ruling.

“It was erroneous to include the Province of Sulu in BARMM, when its people did not favorably vote to ratify the Bangsamoro Organic Law,” the High Court said.

Practical effects

Immediately, Muslim lawmakers sounded the alarm on the anticipated impact of the decision on the region, which had seen an uptick on violent conflicts since 2021, according to crisis monitoring.

Deputy Minority Leader and Basilan Representative Mujiv Hataman said the decision could impact the peace movement in the Bangsamoro, since it would seem to exclude Sulu and the MNLF which the lawmaker said were vital to peace.

“Hindi kumpleto ang Bangsamoro kapag wala ang Sulu. Isang malaking dagok ito sa aming pagsisikap na maisulong ang pagkakaisa at pagkakabuklod-buklod ng mga lalawigan sa rehiyon,” said Hataman.

(Bangsamoro is not complete without Sulu. This is a big blow to our efforts in pushing for the unity of provinces in our region.)

“Kaya ang pagkakahiwalay ng Sulu mula sa Bangsamoro ay tahasang pagtanggi sa malaking kontribusyon at importanteng papel na ginampanan ng mga taga-lalawigan sa kasaysayan ng rehiyon,” said Hataman.

(The exclusion of Sulu from the Bangsamoro is an outright denial of the big contribution and important role that the people of Sulu played in the history of the region.)

Reaction to SC’s interpretation

That Sulu’s “no” vote to the ratification of the BOL was interpreted by the Supreme Court as non-inclusion to the BARMM is contentious, said Sinarimbo and Adiong.

Both pointed out that what was asked of Sulu during the plebiscite was if they want to ratify the BOL, and not if they want to be part of BARMM.

“The plebiscite question posed to the core areas, including Sulu, was clear: ‘Payag ba kayo na pagtibayin ang Batas Republika Blg. 11054 na kilala din bilang ‘Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao (Are you in favor of ratifying RA 11054 or the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao)’? It was a choice for or against the Bangsamoro Organic Law (BOL), not a question of inclusion or exclusion,” said Adiong.

The ones who were asked if they were in favor of being included in the BARMM were the provinces that were not part of the former ARMM, said Sinarimbo.

“Some very practical consequences now will pertain to the employment status of employees in the different field offices of the ministries in Sulu, projects in Sulu, as well as the operation of major services in Sulu now being provided by the BARMM,” said Sinarimbo.

Both Sinarimbo and Adiong feared that this could lead to other provinces opting out of the BARMM.

“The cracks in this grand experiment in autonomy may undo the decades of effort that brought us to this point. We may all find ourselves back in square one,” said Adiong.

“The consequence of this will be the death of the Bangsamoro idea where a single identity unifies all the 13 ethno-ligustic groups of Muslims who have stood against all forms of colonialism over the centuries,” said Sinarimbo.

Leonen was the peace panel chair when the government under former president Benigno “Noynoy” Aquino III was negotiating this pact with the MILF, which is why some groups sought to inhibit him from this petition.

Leonen did not inhibit. “The ponente’s acts as chairperson of the Government Peace Negotiating Panel do not negate the degree of objectivity required for a Member of this Court to participate in deciding this case. As discussed, the ponente’s role pertained to negotiations for a final peace agreement. Any doubt that might be cast on the proceedings is too negligible when weighed against the significance of this cruse,” said the ruling.

Associate Justice Japar Dimaampao, a Muslim, concurred with the ruling, saying in a five-page separate opinion: “In fealty to the fundamental law of the land, the expression of the collective will of the voters of the Province of Sulu must prevail. As such, I concur with the erudite reasoning reflected in the Decision.” – Rappler.com