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Kota Kinabalu: In a landmark decision, the Supreme Court of the Philippines has upheld the validity of the Bangsamoro Organic Law (BOL), paving the way for the continued existence of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).

The Court also ruled that the Province of Sulu will not be included in the BARMM after its residents rejected the law’s ratification in a 2019 plebiscite.

The Court’s decision, released on Monday (Sept 9), partially granted a petition challenging Sulu’s inclusion in the BARMM while upholding the constitutionality of the BOL itself. The decision is immediately executable.

The BOL, enacted in 2018, established the BARMM as a political entity with its own basic governmental structure.

The law’s implementation hinges on its ratification by a majority of voters in a plebiscite.

While the majority of the former Autonomous Region in Muslim Mindanao (ARMM) ratified the BOL, Sulu voted against it.

Despite this, Sulu was initially included in the BARMM, prompting the province to file a petition challenging the law’s application to its territory.

The Supreme Court, in a unanimous decision, ruled that the BOL is constitutional because it does not create a separate state from the Philippines.

The law does not grant the BARMM the power to enter into relations with other states nor does it confer sovereignty upon the region.

Matters of national defence and security, citizenship, foreign policy and foreign trade remain under the jurisdiction of the national government.

The Court affirmed that the BARMM’s autonomy is limited to its internal governance and that the greater autonomy granted to the region does not imply separation from the national government.

The Court also upheld the parliamentary form of the Bangsamoro government, stating that an autonomous region is not prohibited from adopting a form of government different from the national government as long as it adheres to democratic principles.

The Bangsamoro government is democratic, with Members of the Parliament elected by its people and the Parliament in turn electing a Chief Minister who exercises executive powers.

However, the Court declared unconstitutional the interpretation of the BOL provision that directed provinces and cities of the ARMM to vote as one geographical unit, including provinces that did not vote to be included.

This interpretation, the Court ruled, violates Article [specify relevant article of the Philippine Constitution].

This decision clarifies the legal framework for the BARMM, confirming its autonomy while reaffirming its status as an integral part of the Philippines.

The exclusion of Sulu from the BARMM reflects the Court’s commitment to respecting the results of the plebiscite and upholding the principle of self-determination.