BARMM power: How far is its reach?

Forged under the crucible of a bloody conflict, the Bangsamoro Autonomous Region in Muslim Mindanao finds itself fighting “mini wars” as it struggles to secure its place in the whole gamut of a governmental system.

This time, though, its war is not physical but legal — the extent of its autonomous power vis-a-vis the national power and central authority. This challenge was expected. The BARMM chose a government system peculiar to Filipinos — a parliamentary system. Thus, being in its infancy, it is like a baby that needs nurturing and guidance as it navigates a path that is not trodden. In its journey, it tends to step on the toes of persons with interests to protect, political or personal.

These thoughts cascaded in our minds as we read another petition filed before the Supreme Court questioning some provisions of the newly enacted Bangsamoro Local Government Code for supposedly being an exercise of powers beyond those set by the Bangsamoro Organic Law.

The petition was filed by the governors of three BARMM provinces — Datu Mamintal Bombit Adiong of Lanao del Sur, Datu Abdusakur Tan of Sulu, and Bae Maryam Mangudadatu of Maguindanao del Sur — who were joined by the presidents of the Municipal Mayors League of the provinces. More than assailing the constitutionality of the Code, the governors see the move as a serious threat to the status quo in their respective turfs.

Incidentally, observers could not help but ask: Why didn’t the governors of Basilan and Tawi-Tawi join in the petition? Are we seeing a crack in the veneer of solidarity being touted by the Bangsamoro Governors Caucus? This is a significant factor in the regional geopolitics where the incumbent governors (except for Maguindanao del Norte) will most likely be pitted against the leadership and candidates of the United Bangsamoro Justice Party of BARMM-MILF in the maiden 2025 parliamentary elections.

This is not the first time a case was filed in the Supreme

Court for alleged BARMM excesses in its autonomous powers. Earlier, a case was filed by a group of Muslim professionals led by lawyer Dimnatang Jimmy

Pansar, president of the Municipal League of Lanao del Sur, questioning the constitutionality of some provisions of the Bangsamoro Electoral Code. This is still pending before the High Tribunal, and residents fear a legal crisis if this is not resolved before the 2025 elections.

In the latest suit, among the powers assailed by the governors as unconstitutional are the power to discipline local executives for infractions, a power allegedly reserved by the Constitution and law to the Office of the President, and the anti-dynasty provision which supposedly only Congress has the power to legislate.

The petitioner-governors contend that the regional law is “riddled with provisions that violate the 1987 Constitution, the Local Government Code, the Bangsamoro Organic Law, and the constitutionally guaranteed autonomy of local government units.”

This column refrains from discussing the petition’s merits lest it be cited for contempt under the sub judice rule.

The BARMM Interim Chief Minister, in the latest report, welcomed the suit “as proof that democracy is very much alive and vibrant in the BARMM,” adding that “all groups and sectors can participate in nation building and assert their respective suggestions during the transition period.”

He expressed confidence that the BTA-enacted law would hurdle the test of constitutionality.

The BARMM is still in its infancy. We won’t see the end of questions about its powers in the days to come. The BOL failed to cut a clear allocation of national powers to BARMM. It is a work in progress, some say. This was the first time a meaningful autonomous power was granted to a regional government. We expect more questions in the formative years of the BARMM.

“Why didn’t the governors of Basilan and Tawi-Tawi join in the petition?

“Are

we seeing a crack in the veneer of solidarity being touted by the Bangsamoro Governors Caucus?