Think tank: proposed Kutawato Province does not yet meet criteria

GENERAL SANTOS CITY (MindaNews / 5 Dec) – The Special Geographic Area (SGA), which is being proposed to become another province in the Bangsamoro region to be called Kutawato, does not yet meet the requirements prescribed by Republic Act (RA) 7160 or the Local Government Code (LGC), a think tank said in a report released Thursday, December 5.

“It does not currently meet the population, land area, and income criteria necessary to be constituted as a province under the Local Government Code,” the Cotabato City-based Institute for Autonomy and Governance (IAG) said in a statement.

The SGA comprises 63 barangays that joined the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) after ratifying Republic Act 11054 or the Organic Law for the BARMM. These barangays from six towns in North Cotabato were grouped into eight towns following a plebiscite last April 13.

These eight new towns, predominantly Moro and home to many members of the Moro Islamic Liberation Front, are Kadayangan (with 7 barangays), Kapalawan (with 7), Ligawasan (with 7), Malidegao (with 7), Nabalawag (with 7), Old Kaabakan (with 7), Pahamuddin (with 12), and Tugunan (with 9).

The think tank said these towns are not contiguous and cover a land area of only 552.314 square kilometers (km2), significantly less than the 2,000 km2 required by RA 7160 to become a province.

It added that the combined population of the eight municipalities is below the 250,000 inhabitants also required by the LGC.

The income criterion is also unmet, as the average annual income of the proposed province has not been certified by the Bureau on Local Government Finance, IAG said.

In a 10-page policy report titled Elevating SGA to a Province: Legal Challenges and Opportunities, the think tank recommended its annexation to Maguindanao del Norte, but suggested deferring this until after the 2025 Bangsamoro parliamentary elections.

Since both annexation and the creation of a legislative district require an act of Congress, these actions should be undertaken after the 2025 national and local elections and the first Bangsamoro parliamentary elections, it said.

“By then, the elected parliament will have the people’s mandate, and there will be sufficient time for wider dissemination of the proposal and more effective consultations. This timing ensures the decision-making process is inclusive and well-informed, addressing all stakeholder concerns,” it added.

In the meantime, the eight SGA municipalities can continue to exist and elect their municipal officials in 2025. The elections of their municipal officials can add legitimacy to their existence as a municipal corporation and the authority of their officials. The existence of a higher local government authority over them, such as a provincial government, is not absolutely necessary for their continued existence or for administration and supervision, the IAG said.

There were moves in Congress, however, to postpone the Bangsamoro parliamentary elections from May 2025 to May 2026.

Last Nov. 11, Sen. Robinhood Padilla filed Senate Bill 2875, which seeks to create Kutawato Province out of the SGA.

In a press statement, Padilla said that Commission on Elections Chairman George Garcia on Nov. 7 “noted voters in the 63 barangays could not vote because they currently do not belong to any province.”

Padilla aired concerns that the current situation of voters in the eight towns may violate their constitutional right to suffrage, as outlined in Section 1, Article V of the 1987 Constitution.

“To address this serious concern, this bill thus proposes to create an SGA under the BARMM to be known as the Kutawato Province, to be composed of the eight (8) abovementioned municipalities with Pahamuddin as its proposed capital. It outlines the powers and functions of the provincial government, including but not limited to revenue generation, taxation, land use regulations, consistent with the provisions of the Local Government Code of 1991,” Padilla said in his bill.

“To facilitate the swift development of these newly established municipalities within the SGA and to ensure the provision of essential services to their constituents, it is essential to establish a province that will oversee and support these localities. The creation of Kutawato Province also aims to streamline the delivery of basic services and facilities and enhance local government operations within these areas,” he added.

Padilla’s measure has gained the support of the League of Bangsamoro Organizations, a coalition of 600 civil society groups within and outside the Bangsamoro region. (Bong S. Sarmiento / MindaNews)