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The BARMM, established six years ago, is due to hold its first regional parliamentary polls in 25 days
CAGAYAN DE ORO, Philippines – An election watchdog on Wednesday, September 17, voiced concern over a Supreme Court order halting a Bangsamoro regional law that redrew parliamentary districts, warning it could delay the region’s first parliamentary elections set for October 13.
The Bangsamoro Autonomous Region in Muslim Mindanao (BARMM), established six years ago, is due to hold its first regional parliamentary polls in 25 days.
The Institute for Autonomy and Governance (IAG) warned that the September 15 SC order could force the national government to postpone the BARMM elections for a third time.
The SC’s temporary restraining order applies to Bangsamoro Autonomy Act 77, which amended an earlier regional law by reconstituting parliamentary districts after Sulu and its seven seats were excluded from the region. BAA 77, approved in late August, redistributed the seven seats among areas under BARMM’s jurisdiction, bringing back the number of parliamentary seats to 80.
IAG executive director Benedicto Bacani, a lawyer, said two legal views had emerged from the Court order. One is that the TRO on BAA 77 reverts to the original districting law, BAA 58, meaning the October 13 elections would proceed as planned, especially with the Commission on Elections (Comelec) earlier saying it would hold polls for 73 seats, excluding Sulu’s seven.
The second view, which Bacani said was troubling, is that the TRO does not revive the older law, BAA 58. Based on this interpretation, Bacani said, “there must be [a] finding of unconstitutionality of the redistricting law (BAA 77).”
Based on that interpretation, he said, “We have no law that can be used as basis for conducting the elections.”
“Elections cannot be held under the law (BAA 58) that has already been repealed or a law (BAA 77) that the SC has temporarily barred implementation pending its ruling on its validity and constitutionality,” he explained.
“Under the second interpretation, elections will have to be moved,” Bacani said. “But we hope something can be done so that the elections will push through this October.”
The first BARMM elections were postponed in 2022 due to the COVID-19 pandemic and again this year, from May to October, after the SC ruled on Sulu’s exclusion.
Comelec Chairman George Erwin Garcia on Tuesday, September 16, leaned toward the second interpretation that only an SC ruling striking down BAA 77 could restore BAA 58, leaving uncertainty over the elections.
“BAA 58 was repealed by BAA 77. Hence, the former (BAA 58) is already a dead law which is not revived by the issuance of the TRO. Only a declaration of unconstitutionality illegality of BAA 77 will revive and bring back to life BAA 58,” Garcia said.
He added that the TRO merely directed the Comelec not to enforce BAA 77, which remains valid. “There is no decision yet on the merits. It is a mere injunctive writ. Ito po ang dahilan kung bakit kailangan pag-aralan ang dapat gawin (This is the reason why we need to study what he have to do),” he said.
Mixed reactions
In Cotabato City, BARMM interim Chief Minister Abdulraof Macacua said the government respected the court’s authority but stressed the TRO did not void BAA 77.
“The TRO merely halts its enforcement pending the final resolution of the petitions,” Macacua said, adding that BAA 77 “remains a valid enactment of the Bangsamoro Transition Authority Parliament, which enjoys the presumption of regularity, until such time that the Court renders its final judgment.”
Macacua said the regional government would submit its comment to the SC within the prescribed period and is confident it could “present our position and uphold the mandate entrusted to us under the Bangsamoro Organic Law.”
Reactions to the order are varied. BTA Member Naguib Sinarimbo echoed Macacua’s position, stressing that the SC has yet to act on petitions questioning BTA 77.
“As stated by the Court in this order, it has not as yet given due course to the petitions. The Court simply issued a Temporary Restraining Order,” Sinarimbo said.
BTA Deputy Speaker Omar Crisostomo Sema saw the TRO from a different perspective, saying it was not a setback.
“There is still hope for Sulu,” Sema posted on Facebook. Sema has been pushing for Sulu’s return to BARMM by way of legislation, following the 2024 SC 2024 ruling that excluded it from the predominantly Muslim region.
Another BARMM deputy speaker, Lanang Ali, said the TRO was a sign that the October 13 elections would proceed under BAA 58.
“Section 4 of BAA 77 can no longer be used for the election on October 13, 2025,” Ali said. “This means the President can no longer appoint seven MPs (members of parliament) to make it 80 MPs after the election. Only 73 MPs will be elected.” – Rappler.com
