MANILA – The Supreme Court has declared that Sulu Province is not part of the Bangsamoro Autonomous Region of Muslim Mindanao (BARMM).

The province questioned why it was still included in BARMM, despite its rejection of the ratification of Republic Act No. 11054 or the Bangsamoro Organic Law.

In a press briefing on Monday, Supreme Court spokesperson Atty. Camille Sue Mae Ting said the high court unanimously upheld the validity of the BOL.

"The Court ruled that the Bangsamoro Organic Law is constitutional because it does not make BARMM a separate state from the Philippines. The Law did not give it the power to enter into relations with other states, nor did it grant the BARMM its sovereignty. Matters of national defense and security, citizenship, foreign policy, and foreign trade remain with the national government," she said.

However, it disagreed with a portion of the BOL that included Sulu in the BARMM.

"The Court, however, declared unconstitutional the interpretation of the provision in the law directing the provinces and cities of ARMM to vote as one geographical unit as including provinces that rejected the law. This violates Article X, Section 18 of the Constitution, which states that only provinces, cities, and geographic areas voting favorably in the plebiscite shall be included in the autonomous region," Ting explained.

"The Court also upheld the parliamentary form of the Bangsamoro government. An autonomous region is not prohibited from prescribing a form of government that differs from the national government so long as it upholds democratic principles," she added.

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The Bangsamoro Organic Law provides for "the establishment of BARMM as a political entity and its corresponding basic structure."

According to the law enacted on July 27,2018, the creation of BARMM and determination of its territorial jurisdiction "shall take effect upon the law's ratification by majority of votes cast in a plebiscite."

Majority of ARMM ratified the law, except Sulu who voted against it.

Ting said the SC decision is immediately executory.

Sulu was set to participate in the BARMM Parliamentary Election set for May next year.

However, due to the SC decision, Ting says this will no longer happen.

"They're not part of the BARMM so they won't be participating in that. They shouldn't be participating in that," she added.

WHAT COMELEC SAID

Meanwhile, Commission on Elections (Comelec) Chairman George Erwin Garcia advised political aspirants in Sulu province to continue preparing for the 2025 BARMM parliamentary elections.

Seven of the 32 seats in the Bangsamoro parliamentary are allotted to Sulu, Garcia noted.

"Paghandaan nyo pa rin. Sapagkat itutuloy nga po ng Comelec ang aming inisyal na desisyon, maliban na lang kung may mga pagbabago sa usapan bukas," Garcia told the public.

"Tuloy pa rin po kayo, huwag nyong iisipin na hindi matutuloy ang eleksyon sa Bangsamoro?" He added.

"Kung sa palagay ng ibang ahensya na dapat may pagbabago, sana po mapag-aralan, basta ang Comelec will do something with the election," Garcia said.

Garcia admitted the SC ruling came as a surprise for the Comelec, given that the October 1 to 8 filing of Certificates of Candidacy was only about two weeks away.

The poll will "make the necessary adjustments" when it meets Wednesday, Garcia said. 

But he said suspending the elections was not an option. 

Garcia said the Comelec would file its Motion of Recommendation for the case.

"In the meantime, sapat na lamang na maunawaan ng mga kababayan natin sa Bangsamoro that the Comelec at this point will proceed with the election," he said.

"We will endeavor at all cost to proceed with the elections in the Bangsamoro... The Comelec is hell-bent to proceed with the elections in Bangsamoro no matter what," he added.