SC: Cotabato City is part of BARMM
THE Supreme Court en banc has affirmed Cotabato City’s inclusion in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).
In a deliberation on Jan. 10, 2023, it said that the plebiscite on Jan. 21, 2019, was conducted in a bid to determine whether Cotabato City should be included in the BARMM. It argued that the certificate of canvass of votes showed that 38,682 individuals had voted in favor of Cotabato City’s inclusion, while 24,994 individuals voted against it.
Subsequently, the Commission on Elections (Comelec) declared the ratification of the Organic Law and the incorporation of Cotabato City in the BARMM, the high court said.
It concluded that Amil P. Sula, Gaspar S. Asi, and Hussein K. Malik
Sr. filed a petition for certiorari, prohibition, and mandamus, with application for a temporary restraining order and/ or writ of preliminary injunction on Feb. 28, 2019, before the high court against the Comelec, in its official capacity as the National Plebiscite Board of Canvassers.
“This petition questioned the conduct of the plebiscite, the inclusion of Cotabato City in the BARMM, and the ratification of the Organic Law,” the statement read.
Organic Law refers to Bangsamoro Basic Law (BBL), and officially designated as Republic Act (RA) 11054, is a law that provided for the establishment of the BARMM. In dismissing the petition, the Supreme Court ruled that the Comelec complied with the requirements of the Bangsamoro Organic Law in conducting a plebiscite.
“The Decision emphasized the constitutional mandate of the Commission 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 high tribunal said.
The Supreme Court 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,” the decision stated.
“The vote was unanimous. Two Justices took no part and one Justice was on leave. There were no dissents.”
The full decision of G.R. 244587 will be uploaded to the Supreme Court’s website once its Public Information Office receives an official copy.
The BARMM is composed of the provinces of Basilan, Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi, the city of Cotabato and the 63 villages from different municipalities of the Province of Cotabato.