Republic of the Philippines

Bangsamoro Autonomous Region in Muslim Mindanao

BANGSAMORO TRANSITION AUTHORITY 2
Cotabato City

Third Regular Session

BTA PARLIAMENT
BTA Resolution No. ___
___________________________________________________________________________

Introduced by:

MP Baintan Adil-Ampatuan, MNSA; MP Khalid M. Hadji Abdullah; MP Diamila

Disimban-Ramos; MP Atty. Sittie Fahanie S. Uy-Oyod; MP Atty. Laisa M. Alamia,
MNSA; MP Michael E. Midtimbang; MP Jaafar Apollo Mikhail L. Matalam; MP
Rasul E. Ismael; and MP Bassir D. Utto
___________________________________________________________________________

RESOLUTION
IN SUPPORT OF THE MOTIONS FILED BY THE BANGSAMORO ATTORNEY
GENERAL’S OFFICE (BAGO) AND OTHER INDIVIDUAL MOTIONS BEFORE
THE SUPREME COURT REGARDING THE EXCLUSION OF THE PROVINCE
OF SULU FROM THE BANGSAMORO AUTONOMOUS REGION IN MUSLIM
MINDANAO (BARMM)

WHEREAS, Section 25 of the same Article provides that the State shall ensure
the autonomy of local governments;

WHEREAS, Section 15, Article X of the Constitution provides that there shall
be created autonomous regions in Muslim Mindanao and in the Cordilleras
consisting of provinces, cities, municipalities, and geographical areas sharing
common and distinctive historical and cultural heritage, economic and social
structures, and other relevant characteristics within the framework of this
Constitution and the national sovereignty as well as territorial integrity of the
Republic of the Philippines;

WHEREAS, Republic Act (R.A.) No. 6734, which became a law on August 1,
1989, governed the creation and operations of the defunct Autonomous Region in
Muslim Mindanao (ARMM) which, in a plebiscite on November 17, 1989,
encompassed Lanao del Sur, Maguindanao, Sulu, and Tawi-Tawi;

WHEREAS, R.A. 9054 which strengthened, expanded, and amended R.A. No.
6734, was enacted on March 31, 2001 and took effect following its ratification
through a plebiscite on August 14, 2001 wherein six (6) municipalities of Lanao del
Norte; thirty-nine (39) barangays in the municipalities of Aleosan, Carmen, Kabacan,

1
Midsayap, Pigkawayan, and Pikit in the Province of North Cotabato; Cotabato City;
and Isabela City in the Province of Basilan, voted for inclusion in the Autonomous
Region in Muslim Mindanao;

WHEREAS, the Comprehensive Agreement on the Bangsamoro (CAB) was

signed on March 2, 2014 in a ceremony, thus concluding 17 years of negotiations
between the Government of the Philippines and the Moro Islamic Liberation Front
(MILF);

WHEREAS, R.A. 11054 or the Bangsamoro Organic Law (BOL) was signed
into law on July 27, 2018 by Former President Rodrigo Duterte and repealed R.A.
No. 6734 as amended by R.A. No. 9054;

WHEREAS, the BOL was ratified through a plebiscite on January 21, 2019 for
the core territories, namely the provinces of Lanao del Sur, Maguindanao, Sulu,
Basilan, and Tawi-Tawi, the component cities of Marawi and Lamitan, as well as the
City of Cotabato;1

WHEREAS, on February 6, 2019, another plebiscite was held in Lanao del

Norte, as well as in the municipalities of Aleosan, Carmen, Kabacan, Midsayap,
Pikit, and Pigkawayan in North Cotabato, and other areas that sought inclusion in
the proposed BARMM, leading to the inclusion of 63 Barangays from North
Cotabato;2

WHEREAS, Section 2 (a), Article III of the BOL provides that the territorial
jurisdiction of the BARMM, subject to the indispensable plebiscite, shall be
composed, inter alia, of the present geographical area known as the Autonomous
Region in Muslim Mindanao created under R.A. No. 6734, as amended by R.A. No.
9054, which includes the Province of Sulu;3

WHEREAS, Section 2, Article IV of the BOL states that in the exercise of its
right to self-governance, the Bangsamoro Autonomous Region is free to pursue its
political, economic, social, and cultural development as provided for in the Organic
Law;

WHEREAS, by virtue of the BOL, the Bangsamoro Autonomous Region has

established offices with the requisite facilities, employed staff, and exercised
oversight and control over programs and projects within its jurisdiction, including
the Province of Sulu since the effectivity of this law in 2019;

WHEREAS, the Bangsamoro Transition Authority (BTA) was created

pursuant to Section 2, Article XVI of the BOL which shall be the interim government

1
https://parliament.bangsamoro.gov.ph/historical-development-of-the-bangsamoro-transition-
authority-parliament/
2
Ibid.
3
Separate Concurring Opinion of Justice Dimaampao for G.R. Nos. 242255, 243246, and 243693

2
in the Bangsamoro Autonomous Region during the transition period. The Moro
Islamic Liberation Front (MILF) shall lead the BTA, without prejudice to the
participation of the Moro National Liberation Front (MNLF) in its membership;

WHEREAS, former President Rodrigo Roa Duterte signed on October 28,

2021 R.A. No. 11593 or the law extending the transition period of Bangsamoro
Autonomous Region in Muslim Mindanao (BARMM) from 2022 to 2025, thereby
postponing the first regional parliamentary elections in the region;4

WHEREAS, Section 2 of the said law provides that during the extension of
the transition period, the BTA shall continue as the interim government in the
BARMM: provided, however, that the President may appoint the eighty (80) new
interim members of the BTA who shall serve up to June 30, 2025 or until their
successors shall have been elected and qualified;

WHEREAS, President Ferdinand “Bongbong” Marcos, Jr. administered the

oath to the eighty (80) newly and re-appointed members of the BTA in a ceremony at
Malacañang Palace on August 12, 2022;5

WHEREAS, the BTA, being the interim government of BARMM, plays a

crucial role and has been an instrument for an inclusive, beneficial, transparent, and
effective transition and for the smooth implementation of the provisions of the
Bangsamoro Organic Law (BOL) and the Comprehensive Agreement on the
Bangsamoro (CAB) before the end of the transition period;

WHEREAS, on September 9, 2024, the Supreme Court promulgated its En

Banc decision on the case of Province of Sulu, et al. v. Medialdea, et al., G.R. Nos.
242255, 243246, and 243693. The Court ruled that the BOL is constitutional but
excluded the Province of Sulu from the jurisdiction of the BARMM after the province
rejected the law’s ratification in the plebiscite;

WHEREAS, the Supreme Court’s decision to exclude the province of Sulu

from BARMM has caused and created ambiguities in the provisions of the BTA’s
already enacted Bangsamoro Autonomy Acts, which can tremendously affect crucial
aspects of the upcoming BARMM parliamentary elections, including the
composition of the Bangsamoro Parliament, the distribution of seats in
parliamentary districts, and the rights to vote and to be elected, including
representation, among other things;

WHEREAS, the BARMM’s official receipt of the Supreme Court decision was
on September 16, 2024;6
4
https://bangsamoro.gov.ph/news/latest-news/duterte-signs-law-extending-transition-period-in-
barmm-until-2025/
5
https://bangsamoro.gov.ph/news/latest-news/pres-marcos-jr-appoints-new-bta-members-
consistent-with-bangsamoro-peace-agreement/
6
https://bangsamoro.gov.ph/news/latest-news/bangsamoro-govt-files-twin-motions-before-sc-to-
re-include-sulu-province-to-barmm/

3
 WHEREAS, the Bangsamoro Attorney-General’s Office (BAGO) was created
by virtue of Bangsamoro Autonomy Act No. 5 or otherwise known as, “An Act
Creating the Bangsamoro Attorney-General’s Office, Defining Its Functions and
Powers, Appropriating Funds Therefor, and for Other Related Purposes”;

WHEREAS, the Bangsamoro Attorney-General is mandated to be the chief

legal counsel of the Bangsamoro Government;

WHEREAS, the Bangsamoro Government, through the BAGO, filed on

October 1, 2024, a motion for leave to intervene and to admit the attached motion
for partial reconsideration before the Supreme Court on its decision excluding the
Province of Sulu from the BARMM;7

WHEREAS, under the Rules of Court, particularly Section 1, Rule 19, it is

provided that any person who has a legal interest in the matter in litigation, or in the
success of either of the parties, or an interest against both, or is so situated as to be
adversely affected by a distribution or other disposition of property in the custody of
the court or an officer thereof may, with leave of court, be allowed to intervene in the
action;

WHEREAS, furthermore, the said section also provides that the Court shall
consider whether or not intervention will unduly delay or prejudice the adjudication
of rights of the original parties, and whether or not the intervenor’s rights may be
fully protected in a separate proceeding;

WHEREAS, the motion for leave to intervene filed by BAGO is its way to
request the Supreme Court’s permission to allow the Bangsamoro Government to be
part of the case, despite it not originally being involved in the proceeding;

WHEREAS, under the same rules, particularly Section 1, Rule 52, it states that
a party may file a motion for reconsideration of a judgment of final resolution within
15 days from notice thereof, with proof of service on the adverse party;

WHEREAS, BAGO Officer-in-Charge Atty. Mohammad Al-Amin Julkipli

said in an interview, that “[f]or us in the BARMM, there is a special circumstance
because when this case was filed in 2018, the BARMM was not yet constituted. When
it was already pending in the [Supreme] Court, the BARMM, even though it has
already been constituted, was not formally impleaded; meaning, throughout the
light life of the case, the autonomous region itself was never a party”;8

WHEREAS, he also clarified that as written in the judgment, the Supreme

Court decision is “immediately executory” and not “final and executory,” which
7
https://news.abs-cbn.com/regions/2024/10/9/bangsamoro-government-asks-sc-to-reconsider-
sulus-exclusion-from-barmm-1912v
8
https://news.abs-cbn.com/regions/2024/10/9/bangsamoro-government-asks-sc-to-reconsider-
sulus-exclusion-from-barmm-1912v

4
means that there is still room to resort to legal remedies, such as a motion for partial
reconsideration;9

WHEREAS, he further said, “[m]ore importantly, as the Chief Minister

emphasized, it is because the province of Sulu is very fundamental to the cause of
the Bangsamoro… and that it is part and parcel of the Bangsamoro identity with a
very important role to play in our continuous struggle for our autonomy and
development as one people”;10

WHEREAS, several members of the Bangsamoro Transition Authority (BTA)

Parliament have also filed similar motions before the Supreme Court;

WHEREAS, on October 17, 2024, BTA Parliament Deputy Speaker, Atty.

Laisa Masuhud Alamia, filed a motion for leave to intervene, with an attached
motion for partial reconsideration, before the Supreme Court;11

WHEREAS, she argued that excluding the Province of Sulu from the Muslim
autonomous region would disrupt the ongoing peace and development efforts in the
region, as it contradicts the longstanding sociocultural cohesion of the Bangsamoro
people; 12

WHEREAS, moreover, she stated, “it is our hope that we can continue to
work on building a just and lasting peace for our people, including our constituents
in Sulu. Otherwise, we might end up being forced apart despite our desire to uplift
every Bangsamoro as our people intended when we struggled together for our right
to self-determination”;13

WHEREAS, on October 18, 2024, BTA member Engr. Don Arbison Loong,
together with MP Adzfar Usman, Atty. Nazir Ynawat, Atty. Jamal Kulayan, Nasser
Arbison Loong, Mhavejekamar L. Marrack of Tulong Lupah Sug, and Atty. Moh Raf
Tungupon Baird, also formally submitted a Motion to Intervene and a Verified
Motion for Partial Reconsideration before the Supreme Court; 14

WHEREAS, they argued that the exclusion of Sulu directly contradicts the
Bangsamoro Organic Law (BOL), which was designed to unify the historically and
culturally connected areas of Mindanao and the Sulu Archipelago into one cohesive
Bangsamoro region; 15
9
Ibid.
10
Ibid.
11
https://www.facebook.com/100063907411790/posts/984888090318096/?
rdid=Hyrtj79KVvovR9PZ
12
Ibid.
13
Ibid.
14
https://www.facebook.com/100015268216975/posts/1965099994008922/?
rdid=feGP1eY2k1yYjU9y
15
Ibid.

5
 WHEREAS, they outlined in their petition how the Province of Sulu would be
deprived of essential funding and development programs critical to its future,
further stating that in 2024, the Ministry of Finance, Budget, and Management
(MFBM) allocated over ₱4.5 billion to support 7,872 positions in Sulu’s ministries
and offices; 16

WHEREAS, moreover, these jobs represent more than just numbers—they are
lifelines for thousands of families, fueling hope and stability in the region;17

WHEREAS, the Supreme Court decision, as soon as it becomes final and

executory, will completely remove the Province of Sulu from the Bangsamoro
Region’s jurisdiction, which will have a significant impact on the offices established,
the associated infrastructures, and the personnel employed therein;

WHEREAS, the Province of Sulu’s exclusion will entail legal, financial,

administrative, and social changes that will have far-reaching implications to the
entire autonomous region;

WHEREAS, absent its absolute finality, the decision’s immediate

implementation could cause instability and confusion in the region, which could
have serious effects for the Province of Sulu and its residents, as well as for the
region’s larger governance and peace-building initiatives;

WHEREAS, in addition to its legal significance, the Province of Sulu’s strong

and deep historical and cultural ties to the Bangsamoro identity and struggle makes
it an integral part of the Bangsamoro;

WHEREAS, without the Province of Sulu and its people, the Bangsamoro
would never be the same;

WHEREAS, the transition period plays a crucial role in ensuring the smooth
establishment of BARMM as an autonomous political entity, with enhanced self-
governance and jurisdiction over the Bangsamoro region, free from legal
impediments;

WHEREAS, the Bangsamoro Transition Authority, as the interim government

of the BARMM, must uphold to the goal of a united Bangsamoro, and guarantee the
fulfillment of the obligations enshrined in the CAB; (MP Omar Yasser C. Sema - accepted)

WHEREAS, during the regular session of the BTA Parliament dated 16, 17,
18, and 19 September 2024, MPs Don Mustapha Loong, Nabil Tan, Tawakal
Midtimbang, Romeo Sema, Eddie Alih, Hamid Malik, Jose Lorena, Matarul Estino,
and Baileng Mantawil delivered privilege speeches [with regard to the exclusion of

16
Ibid.
17
Ibid

6
Sulu from the BARMM] and in the course of period of interpellations, MP Rasol
Mitmug, Jr. raised a motion recommending to the Government of the Day, through
the Bangsamoro Attorney General’s Office, to file a Motion for Reconsideration; (MP
Lorena, with counterproposal from MP Ramos - accepted subject to style) placement before motion clauses

NOW, THEREFORE, BE IT RESOLVED, AS IT IS HEREBY RESOLVED, by

the Bangsamoro Transition Authority (BTA) Parliament, to pass and approve this
Resolution in Support of the Motions Filed by the Bangsamoro Attorney General’s
Office (BAGO) and Other Individual Motions Before the Supreme Court Regarding
the Exclusion of the Province of Sulu from the Bangsamoro Autonomous Region in
Muslim Mindanao.

Adopted,

ENGR. BAINTAN ADIL-AMPATUAN, MNSA

Author