SC upholds Cotabato City BARMM inclusion
The supreme Court en banc has upheld the inclusion of Cotabato City in the Bangsamoro autonomous Region of muslim mindanao during its deliberations held on Tuesday.
In its decision released on Thursday, the SC ruled that the Commission on elections complied with the requirements of the Bangsamoro organic Law in conducting a plebiscite and emphasized the constitutional mandate of the poll body to guarantee the proper exercise of the right of suffrage which the supreme Court will not interfere with if there is no grave abuse of discretion.
The SC also said that the petitioners failed to substantiate with the necessary evidence their allegations of fraud in the conduct of the plebiscite.
“The mere allegation that the inclusion of Cotabato City in the newly-formed Bangsamoro autonomous Region in muslim mindanao was not the true intention of the voters of Cotabato City will not persuade this Court to overturn the actions of the Commission on elections,” said the SC.
a unanimous vote was reached, while two Justices took no part and one Justice was on leave and there were no dissents.
This is in line with the plebiscite conducted on 21 January 2019 to determine whether Cotabato City should be included in the Bangsamoro autonomous Region and based on the certificate of canvass of votes, 38,682 individuals voted in favor of the inclusion, while 24,994 individuals voted against it.
The Comelec previously declared the ratification of the organic Law and the incorporation of Cotabato City in the Bangsamoro autonomous Region.
However, the decision prompted amil P. sula, Gaspar s. asi, and Hussein K. malik, sr. to file a petition for Certiorari, Prohibition and mandamus, with application for a Temporary Restraining order and/or Writ of Preliminary Injunction on 28 February 2019 before the supreme Court against the Comelec in its official capacity as the national Plebiscite Board of Canvassers.