1st of 2 parts
NAGA CITY — With due respect, the September 9, 2024 Supreme Court unanimous Decision intakes away, with one hand, Sulu from the Bangsamoro Autonomous Region in Muslim Mindanao what it gives with the other hand, otherwise upholding the constitutionality of the rest of the Bangsamoro Organic Law , Republic Act No. 11054. This given constitutional imprimatur by the SC is of course quite important. But what is taken away may ultimately be more than what is given.
The late eminent Bikolano constitutionalist and 1987 Constitution framer Joaquin G. Bernas, S.J. has written that such “distinctive regional commonality… is found in Muslim Mindanao and in the Cordilleras. As to the areas between these two, they are not characterized by distinctive characteristics but are practically a homogenous culture….
This BOL proviso on the Results of the Plebiscite does appears on its face to be contrary to and violative of the earlier quoted and underscored applicable constitutional proviso. The SC Decision’s legal reasoning on this sounds logical enough, and we quote its crucial key passage in p. 89: The Province of Sulu, as a political subdivision under the ARMM, did not lose its character as such and as a unit granted local autonomy. The Constitution and the Local Government Code provide for how political entities may be abolished. The Province of Sulu cannot be deemed abolished upon its rejection of the Bangsamoro Organic Law.
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