SC stops plebiscite on creation of 3 new towns in Maguindanao del Norte
DAVAO CITY (MindaNews / 21 August) — The Supreme Court has unanimously ruled as unconstitutional a common provision in three regional laws creating three new towns in Maguindanao del Norte, and has asked the Commission on Elections not to push through with the plebiscite scheduled next month.
The High Court, in a decision penned on Tuesday and announced in a press briefing on the same day by SC spokesperson Atty. Camille Sue Mae Ting, ruled as unconstitutional Section 5 of Bangsamoro Autonomy Acts 53, 54 and 55.
Act No. 53 proposes the creation of the municipality of Nuling from the municipality of Sultan Kudarat. Act No. 54 and 55 carve out the municipalities of Datu Sinsuat Balabaran and Sheik Abas Hamza, respectively, from the municipality of Datu Odin Sinsuat.
Section 5, which is common to the three laws, states that the creation of the three new towns shall be ratified by “a majority of votes cast by qualified voters in a plebiscite to be conducted in the barangays comprising the municipality pursuant to Section 2 hereof.”
The SC, which “partially granted the petition” against the three laws filed by Datu Sajid Sinsuat and other individuals, ruled that qualified voters from both the new and the mother municipalities should be included in the plebiscite.
The Comelec has scheduled a plebiscite on the three laws on September 7 and 21.
“Respondent Comelec is enjoined to desist from holding plebiscites on September 7 and 21, 2024, and from performing any and all acts related to the ratification of Bangsamoro Autonomy Acts Nos. 53, 54, and 55,” the decision said.
The prayer for injunctive relief was also granted and a final prohibitory injunction was issued effective immediately.
“Alhamdullilah,” Mayor Datu Lester Sinsuat of Datu Odin Sinsuat said on his Facebook page.
Sinsuat from the start has opposed the creation of the new towns, saying it did not undergo consultations with the residents.
Mayor Datu Tucao Mastura of Sultan Kudarat town expressed the same sentiment.
The Bangsamoro government meanwhile said it accepted the SC decision.
“The Bangsamoro Government upholds democracy and the rule of law, and we respect the recent decision of the Supreme Court as the final arbiter of constitutional matters in our nation,” it said in a statement released by its spokesperson Mohd Asnin Pendatun.
“While the intent and purpose of the laws were to provide more effective and efficient services to our constituents, we fully understand the important reasons behind the ruling and will abide by it in its entirety,” the statement added.
The Bangsamoro Government also assured they will always be “committed to working within the legal framework of the land and will ensure that all actions moving forward reflect our unwavering dedication to legal processes and democratic principles.” (Ferdinandh Cabrera/MindaNews)
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