BARMM governors question Local Governance Code

LANAO DEL SUR – Governors in the Bangsamoro Autonomous Region and other stakeholders have petitioned the Supreme Court to Rule as unconstitutional the BARMM Local Governance Code.

The provincial governments of Sulu, Maguindanao del Sur and Lanao del Sur filed a petition for certiorari and prohibition in the Supreme Court on February 26 to declare as unconstitutional and invalid the Bangsamoro Autonomy Act 49 or the BARMM Local Governance Code (BLGC).

BARMM governors with Defense Chief Gilbert Teodoro and Interior Secretary Benjamin Abalos and leagues' members and other stakeholders. 

The BLGC was approved by the Bangsamoro Transition Authority (BTA) and signed into law by Interim Chief Minister Ahod Balawag Ebrahim on September 28, 2023, and became effective upon publication on December 26, 2023.

Joining the provincial governments as petitioners were the Municipal Mayors League, the Philippine Councilors League and the Liga ng Mga Barangay of Maguindanao del Sur and Lanao del Sur, according to the BARMM Governors Caucus.

It said the filing of the petition is authorized by the resolutions of the Sangguniang Panlalawigan of the Provincial Governments and the governing boards of the leagues.

The provincial governments are represented in the petition by Governor Abdusakur Tan of Sulu; Governor Mamintal Adiong of Lanao del Sur; and Governor Bai Mariam Mangudadatu of Maguindanao del Sur; and their respective legal officers. The leagues are represented in the suit by their presidents.

The petition claims that the BLGC is riddled with provisions that violate the Constitution, the Local Government Code, the Bangsamoro Organic Law (BOL) and the constitutionally guaranteed local autonomy of LGUs.

The petitioners, according to the Bangsamoro Governors’ Caucus, are asking the Supreme Court for the immediate issuance of status quo ante order, temporary restraining order and/or writ of preliminary injunction to stop the implementation of the BLGC.

The petitioners assert that the Constitution and the BOL require that the local government code of the BARMM must not only be in accordance with the Constitution and the BOL but must also respect and recognize the constitutionally guaranteed local autonomy of LGUs.

“The petition argues that any provision in the BLGC, that diminishes the rights and privileges of LGUs under R.A. 7160, or the national Local Government Code and other national laws, is invalid. Under Sec. 20, Art. X of the Constitution, the BLGC and other regional laws of the BARMM, according to the petition, must not be inconsistent with the Constitution and national laws,” the Bangsamoro Governors’ Causus said.

The petitioners claim that the BTA and Chief Minister Murad committed grave abuse of discretion when it enacted the BLGC which provides, among others, that the regulatory authority of BARMM government over its constituent LGUs is equivalent to the power of supervision of the President.

The petition argues that the constitution, the BOL and the LGC have vested the power of supervision of all LGUs in the country exclusively to the President.

The vague and broad definition of the BARMM regulatory authority over its constituent LGUs in the BLGC, according to the petition, amounts not only to the exercise by the BARMM regional government and the Chief Minister of the power of supervision but of unbridled power and control over LGUs that is abhorred by the Constitution, the BOL and the LGC.

“The petition also questions the provisions in the BLGC that grant the Chief Minister power to investigate and adjudicate administrative cases involving local government executives as it encroaches on the disciplinary authority of the President and local councils under the Constitution and the LGC.”

“As well, the petition questions the power granted by the BLGC to the Chief Minister to appoint holders of vacant elective positions in the LGUs when the authority to appoint local elective officials under certain circumstances is vested in the President by the Constitution and the LGC,” it further said.

The petitioners also question the validity of the BLGC provisions on additional disqualifications for local elective positions in the BARMM, among which, are the failure to attend the mandatory capacity building program and for violating the anti-dynasty provisions in the BLGC.

The petition contends that the BLGC, as a subordinate law to the LGC, cannot amend the LGC which provides for the qualifications for election of local executives in the country.

Adiong said the petition claims that under the Constitution, it is only Congress that is empowered to define and prohibit political dynasties in elections. He said that the filing of the petition seeks “to clarify the boundaries of power of the national, regional and local governments in the region.” He added that “the suit can hopefully help bring about clear and stable policies so that investors and businesses can thrive in the region”.

Tan, on the other hand, observed “that the BTA has passed a resolution recently calling for changing the Constitution to clarify the powers of the regional government as well as to enable supervision and control by the regional government of the LGUs”.

This shows, according to the Sulu governor, that “the BTA itself doubts the constitutional and legal basis for the BLGC provisions on the power of supervision by BARMM over LGUs.”

Mangudadatu also appealed to the BARMM leadership “to welcome the petition on the BLGC as the means to settle lingering questions on the relationship between the regional and national governments as well as the power of supervision of the President thru the DILG over LGUs in the region.

“This suit is not against the BARMM leadership but an initiative to make public policies in the region clear, relevant and effective,” Mangudadatu said.

Decommissioning, Corruption

Last year, the governors appealed anew to the national government to hasten the decommissioning of thousands of armed members of the Moro Islamic Liberation Front (MILF) which signed a peace deal with Manila in 2014. They met closed doors with senior government officials led by Defense Secretary Gilbert Teodoro and Interior Secretary Benhur Abalos Jr and discussed the decommissioning process and other issues concerning the restive region.

Although the governors are supporting the peace process and the regional government headed mostly by former MILF rebels, they appealed to Teodoro and Abalos to take into account their position and recommendations to promote peace and security in the region leading up to the elections in May 2025. 

The appeal, they said, is the primary outcome of a series of meetings and discussions among them, who are behind the Bangsamoro Governors’ Caucus. They emphasized that their position and recommendations are driven by the desire for peaceful and prosperous communities, as expressed by their constituents. 

The Caucus highlighted that the genuine and meaningful decommissioning of the MILF faces several significant challenges which the governors have identified.  

In a statement released recently by Adiong, the group’s spokesman, it said: “One major obstacle is the lack of reliable baseline data, which undermines the credibility of the decommissioning process and erodes trust among the involved parties. The BGC points out that the absence of a comprehensive list detailing the whereabouts of the alleged 40,000 combatants, their base commands, and whether they face criminal charges makes it difficult to ensure proper execution of the decommissioning.”  

“Reports indicate that those who have been decommissioned so far may not be genuine combatants, and the dismantling of base commands is progressing slowly. To address this issue, the BGC recommends making the list of 40,000 MILF members designated for decommissioning readily available for validation by all concerned parties. Furthermore, the Caucus emphasized that the efficient and timely progress of the decommissioning process relies on the allocation of public funds, particularly from the Special Development Funds of the BARMM regional government, to support the needs of decommissioned combatants.”  

The statement further noted that the presence of MILF base commands in certain areas poses complications for law enforcement agencies and peace mechanisms, as they face challenges in maintaining law and order. 

“Attempts to serve warrants of arrest in these areas have resulted in armed encounters, with the MILF accusing government agents of operating without prior coordination. This situation raises suspicions of criminal elements being harbored in MILF camps or base commands, further complicating the overall decommissioning process, according to the Caucus,” it said.  

Also last year, security forces trying to arrest suspected terrorists clashed with them in Datu Paglas town in Maguindanao del Sur and killed seven gunmen, but the fighting also left a police commando wounded. The MILF said those killed were their members.  

In February last year, MILF members held hostage 39 elite army soldiers in Lanao del Sur and released them a day later after security officials negotiated for their freedom. Former rebels captured the soldiers who were members of the Special Forces, in the village of Dilimbayan in Lanao del Sur’s Maguing town.  

The soldiers were all disarmed and brought them to an MILF camp on February 7, where heavily armed men guarded them throughout the night. They were part of a group that stormed a communist rebel base near the town and were returning to their rendezvous when MILF forces surrounded and captured them. Members of the government’s ceasefire committee negotiated with their MILF counterpart and successfully recovered the soldiers after their release on February 8. It was unclear whether MILF gunmen returned the weapons they seized from the Special Forces soldiers.  

Before the MILF - whose chieftain is the Chief Minister of the Bangsamoro autonomous region - signed the peace agreement, the Philippine military estimated the number of rebel forces at around 12,000 or less. But this number ballooned to over 40,000 fighters following the signing of the peace accord, and since then many MILF members have steadily acquired new and powerful weapons. 

Corruption in the MILF has emerged with allegations that commanders had been taking 50% of the P100,000 provided as aid to former rebels. (Mindanao Examiner)