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Lawyer asks SC to reconsider decision excluding Sulu from Bangsamoro

Article (news)

Paige Javier

ABS-CBN News

<div><span class="fr-img-caption fr-fic fr-dib" style="width:950px"><span class="fr-img-wrap"><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/1727778238511172734580697220190121-cotabato-plebiscite-JC-7929.jpg" style="width:950px" class="fr-fic fr-dib"/><span class="fr-inner" style="text-align:left">Members of the Philippine National Police (PNP) assist in the Bangsamoro Organic Law (BOL) plebiscite at the Cotabato City Pilot School, January 21, 2019. <em>Jonathan Cellona, ABS-CBN News/File</em></span></span></span>MANILA — Lawyer and human rights advocate Algamar Latiph, through his counsel, has filed a motion for reconsideration before the Supreme Court on its decision to exclude Sulu province from the Bangsamoro Autonomous Region in Muslim Mindanao. </div><p>In a decision promulgated on September 9, the high court upheld the constitutionality of the Bangsamoro Organic Law, but said Sulu province should not be part of BARMM since it rejected the BOL in a 2019 plebiscite.</p><div><a href="https://news.abs-cbn.com/news/2024/7/3/sc-says-only-children-legal-spouse-can-claim-seafarer-death-benefits-1443">SC says only children, legal spouse can claim seafarer death benefits</a></div><p><span></span>Lawyer Alberto Agra on Tuesday entered his appearance as counsel for Latiph, among the respondents-in-intervention for the case.</p><p>Latiph said he is not joined in the motion by other respondents-in-intervention Musa Malayang and Pendatun Disimban.</p><div><a href="https://news.abs-cbn.com/business/2024/9/27/quiet-firing-sc-says-hostile-behavior-to-a-worker-constitutes-constructive-dismissal-1438">Quiet firing? SC says hostile behavior toward a worker constitutes constructive dismissal</a></div><p><span></span>Latiph argued that the inclusion of Sulu in Bangsamoro is consistent with Section 18, Article X of the 1987 Constitution.</p><p>&quot;The creation of the autonomous region shall be effective when approved by majority of the votes cast by the constituent units in a plebiscite called for the purpose, provided that only provinces, cities, and geographic areas voting favorably in such plebiscite shall be included in the autonomous region,&quot;  the section read.</p><p>Latiph also cited Republic Act No. 9054, or the Autonomous Region in Muslim Mindanao Organic Act, which states that as a single geographic area, ARMM must vote as one unit.</p><p>Under Section 2 Article II of the same measure, there was a rule that could be applied in interpreting the results of the plebiscite of the four original provinces in ARMM.</p><p>&quot;If the majority of the voters of the four provinces of Lanao del Sur, Maguindanao, Sulu, and Tawi-Tawi vote in favor of the above-mentioned proposed amendments, the amendments are deemed ratified,&quot; the motion read.</p><div><a href="https://news.abs-cbn.com/business/2024/9/27/labor-group-asks-sc-to-stop-transfer-of-philhealth-funds-to-treasury-1156">Labor group asks SC to stop transfer of PhilHealth funds to treasury</a></div><p><span></span>&quot;A majority of the votes cast in the plebiscite in every province or city in favor of the inclusion of the province or city as members of the expanded area of the autonomous region as provided in this Organic Act shall effect their membership in the autonomous region,&quot; it added.</p><p>The lawyer reiterated that since Sulu is within and part of the ARMM geographic area, it is not separate from the region which &#x27;votes as one, not in parts.&#x27;</p><p>He pointed out that the repeal of the ARMM Organic Act did not result in the abolition of the region and interpreting it otherwise would result in having two autonomous regions in Muslim Mindanao, which he says is unconstitutional.</p><p>&quot;The change in structure from a Regional Assembly under the ARMM to a Regional Parliament under the BARMM does not constitute or result in the creation of a new autonomous region. The Regional Government is one and the same, and was not abolished,&quot; Latiph argued.</p><p>&quot;They are fundamentally the same. They have the same identity. Their history is the same. Their heart and soul are the same. BARMM is a continuation and enhancement of ARMM. BARMM is not a new autonomous region,&quot; he added.</p><div><strong>&#x27;SULU RESIDENTS NEVER ASKED ABOUT EXCLUSION&#x27;</strong></div><p>Latiph argued that the &quot;no&quot; vote of the Sulu electorate could not be considered as agreeing to the exclusion of the province from Bangsamoro, since they were supposedly not asked this question.</p><p>He believes the registered voters of Sulu were also not properly informed of the consequences of their &quot;no&quot; vote in the plebiscite.</p><div><a href="https://news.abs-cbn.com/regions/2024/9/9/sc-sulu-province-not-part-of-bangsamoro-autonomous-region-1654">SC: Sulu Province not part of Bangsamoro Autonomous Region</a></div><p><span></span>In the 2019 plebiscite, the question posed to the electorate was: &quot;Do you agree to ratify Republic Act No. 1105 also known as the &quot;Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao?&quot;</p><p>Latiph said the plebiscite question should have been more simple and direct.</p><p>&quot;Voting for the ratification or approval of the BARMM Charter was the object of the plebiscite exercise. They voted for this, nothing else. No one can substitute their decision and dictate upon their free will. Substituting the voice of one for the voice of the individual residents is undemocratic and unconstitutional. No one van vote in their stead,&quot; he argued.</p><div><a href="https://news.abs-cbn.com/regions/2024/9/15/comelec-moves-coc-filing-in-barmm-to-november-after-sc-ruling-on-sulu-1008">Comelec moves COC filing in BARMM to November after SC ruling on Sulu</a></div><p><span></span>The lawyer said the proper course of action should have been to file a resolution or petition of at least 10% of registered voters in Sulu calling on the Commission on Elections to hold a plebiscite on the inclusion or exclusion of the province from BARMM.</p><div><strong>PETITIONER NOT SEEKING ELEX POSTPONEMENT</strong></div><p>Latiph clarified that he is not seeking to postpone the first-ever Bangsamoro parliamentary elections that will be held together with the national and local elections in May 2025.</p><p>&quot;While we seek the non-exclusion of the Province of Sulu from BARMM, we submit that the May 2025 BARMM Parliamentary elections should push through with Sulu voting therein as an integral and fundamental part thereof, until the Honorable Court resolves this motion,&quot; he said.</p><div><a href="https://news.abs-cbn.com/news/11/09/23/lpa-over-sulu-sea-to-bring-rains-over-zamboanga-peninsula">LPA over Sulu Sea to bring rains over Zamboanga peninsula, other parts of Mindanao</a></div><p><span></span>Latiph reiterated that Sulu&#x27;s exclusion &#x27;will entail legal, financial, administrative and social changes that will have far-reaching repercussions&#x27; that cannot be easily fixed.</p><p>&quot;The potential instability and confusion that may arise from the immediate implementation of the Decision, absent finality, will have profound implications not only for the Province of Sulu and its constituents but also for the broader governance and peacebuilding efforts in the region,&quot; he said.</p><p>&quot;Thus, in the interest of justice and to avoid irreparable harm, it is respectfully submitted that the Supreme Court hold the execution of its Decision in abeyance pending the resolution of the motion for reconsideration,&quot; Latiph added.</p><p>Bangsamoro Spokesperson and Cabinet Secretary Mohd Asnin Pendatun earlier said they are awaiting clarity on what will happen to the seven parliamentary seats reserved for Sulu.</p><p>Amid lingering questions and a call for postponement, he said they are still working on the assumption that the parliamentary elections will proceed as scheduled.</p><p>Comelec Chairman George Garcia earlier said they will push through with the BARMM parliamentary elections until and when they are restrained by a higher court.</p><p>The poll body chief said it is their duty to conduct the elections since there is a law that requires it.</p>

<p>Lawyer and human rights advocate Algamar Latiph, through his counsel, has filed a motion for reconsideration before the Supreme Court on its decision to exclude Sulu province from the Bangsamoro Autonomous Region in Muslim Mindanao.</p>

Lawyer and human rights advocate Algamar Latiph, through his counsel, has filed a motion for reconsideration before the Supreme Court on its decision to exclude Sulu province from the Bangsamoro Autonomous Region in Muslim Mindanao.