Mangudadatus seek Supreme Court nod to defend Bangsamoro law

Maguindanao Governor Esmael Mangudadatu and his brother have asked the Supreme Court (SC) to allow them to defend the Bangsamoro Organic Law (BOL) against the Sulu government's bid for its nullification.

The governor and his brother, Mangudadatu town mayor Freddie, have sought the SC's permission for them to intervene in and oppose a petition by Sulu governor Abdusakur Tan II that assails Republic Act No. 11054 for its alleged unconstitutionality.

The two claimed legal interest to step into the issue, saying they are not only registered voters, citizens, taxpayers and Moros who were born and raised in the region, but also leaders with the duty to stress "the overwhelming sentiments" of their constituents before the SC.

Maguindanao responded affirmatively to the BOL during the plebiscite needed to ratify the landmark law, with 599,581 people voting "yes," as opposed to 9,096 voting "no."

In general, residents of five provinces and two cities in the Autonomous Region in Muslim Mindanao (ARMM) voted in favor of the law, with more than 1.5 million "yes" votes to more than 246,000 "no" votes. A number of towns in Lanao del Norte and barangays in North Cotabato were the venue of the second round of the plebiscite on Wednesday.

"The sovereign voice of the autonomous region in Muslim Mindanao have clearly spoken," the Mangudadatus said.

"Under the principle of vox populi supreme est lex, we implore the Honorable Court to abide by the solemn duty to uphold the clear and unmistakable mandate of the people."

Tan, the Sulu governor, opposed the law before the plebiscite was conducted, arguing the law "effectively abolishes" the ARMM, thus violating the 1987 Constitution, which he said allows the enactment of only one Organic Act upon the establishment of the ARMM.

Apart from other supposed violations of the Constitution, Tan also warned against the law "erasing" the identity of indigenous cultural minorities in Sulu "without their knowledge and consent" and "against their will."

Defending the BOL, on the other hand, the Mangudadatus said Tan failed to rebut the presumption of constitutionality of the BOL, asserted the law is "valid and constitutional," and asked the SC to uphold it and dismiss Tan's petition for "lack of merit."

They also said the provision under the BOL for the Moro Islamic Liberation Front to lead the Bangsamoro Transition Authority does not violate the equal protection clause.

"Peace is rarely attained by simply pursuing a military solution; thus peace negotiations and political accommodations may bring an end to hostilities," they told the SC.

Another group, the Philippine Constitution Association, also filed a petition challenging the constitutionality of the BOL. The SC has consolidated their pleading with that of Tan, according to a notice of resolution made public Thursday. — BM, GMA News