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(Update) SC voids creation of Shariff Kabunsuan province


MANILA, Philippines — The Supreme Court has nullified the creation of the province of Shariff Kabunsuan in the Autonomous Region in Muslim Mindanao (ARMM). Voting 8-6, the high court said the law enacted by the ARMM legislative assembly on Aug. 28, 2006 carving out part of Maguindanao province to create the new province was unconstitutional because only the Philippine Congress has the power to create provinces and cities. Shariff Kabunsuan was formed from towns under Maguindanao’s first district: Barira, Buldon, Datu Odin Sinsuat, Kabuntalan, Matanog, Parang, Sultan Kudarat and Upi. Three more towns were subsequently carved out of the new province by the Regional Legislative Assembly. These are the towns of Datu Blah Sinsuat, Northern Kabuntalan and Sultan Mastura, On October 29, 2006, voters in Maguindanao ratified the creation of the province of Shariff Kabunsuan in a plebiscite. In its decision penned by Associate Justice Antonio Carpio, the Court acting full bench said: “The ARMM Regional Assembly cannot create a province without a legislative district because the Constitution mandates that every province shall have a legislative district. Moreover, the ARMM regional assembly cannot enact a law creating a national office like the office of a district representative of Congress because the legislative powers of the ARMM regional assembly operate only within its territorial jurisdiction." The high court, in effect, declared valid the Commission on Election's Resolution 7902 preserving the geographic and legislative district of the First District of Maguindanao with Cotabato City. In the ruling, the SC likewise affirmed the contention of Rep. Didagen Dilangalen that since the province of Shariff Kabunsuan wherein he was elected congressman had already been dissolved, then he should retain his post as congressman of the first district of Maguindanao. With the ruling, the ARMM will be back to five provinces and one city. These are the provinces of Basilan, Lanao del Sur, Maguindanao, Sulu and Tawi-tawi, plus the city of Marawi. - GMANews.TV