BARMM's Macacua raises concern on Comelec deferment of law redistricting Sulu seats

ZAMBOANGA CITY — Bangsamoro interim chief Abdulraof Macacua on Friday questioned the Commission on Elections (Comelec) over its decision to defer the implementation of a newly-passed law reallocating the seven parliamentary district seats of Sulu for the 2025 Bangsamoro elections. 

In a statement, Macacua said the poll body's "declaration of an inability to implement the law due to time constraints raises significant concerns" as the parliamentary district elections will now be based on Bangsamoro Autonomy Act (BAA) No. 77, which amended BAA No. 58z

"The Comelec stated that it will not apply BAA No. 77 and proceed with the Election on the basis of BAA No. 58," said Macacua.

"How can we proceed with elections on the basis of a law which is no longer applicable? And which the configuration no longer exists," he added.

On Thursday, Macacua signed into law BAA No. 77 otherwise known as the “Bangsamoro Parliamentary Act of 2025,” which redistricted the vacant seats in light of a Supreme Court (SC) decision excluding Sulu from the Bangsamoro polls.

Under the law, the 32 single-member parliamentary districts in the region will be reapportioned as follows:

• 9 parliamentary districts for Lanao del Sur
• 5 for Maguindanao del Norte
• 5 for Maguindanao del Sur
• 4 for Basilan
• 4 for Tawi-Tawi
• 3 for Cotabato City
• 32 for the Special Geographic Area (SAG)

Bangsamoro Organic Law

Poll chief George Erwin Garcia, however, reiterated the Comelec will have issues in adding the reallocated parliamentary districts to the elections.

"Nauunawaan natin ang sentimyento ng ating parliamento subalit kung aming susundin kasi ang bagong batas, hindi po tayo magkakaroon ng eleksyon sa October 13," Garcia told reporters.

(We understand the sentiment of the parliament but if we will follow the law, we will not have elections on October 13.)

Based on their adjusted timeline, the Comelec estimated the deployment of the election paraphernalia for the 2025 BARMM polls will be completed by October 20, violating the Bangsamoro Organic Law (BOL) which set the elections on October 13.

This also prompted the commission en banc to order the proceeding of the preparations for the parliamentary polls with 73 seats and the resumption of the printing of the ballots on Thursday.

"Sa bandang huli, 'pag pinag-isipan natin, tama ang nakalagay sa batas ng BOL ay 80 ang myembro ng parliamento pero...kasama ang Sulu. Therefore, nung sabihin ng SC na ang Sulu ay wala na sa Bangsamoro, mismong ang Korte Suprema ang nag-judicial legislate, na technically amend by interpretation," he said

(If we will think about it, it is right that the BOL states there should be 80 members of the parliament but that includes Sulu. When the SC excluded it, the Court ruled and technically amended it by interpretation.)

"As far as the Comelec is concerned, presently 73," said Garcia, adding the poll body has no conflict with the Bangsamoro government.

"Dapat po maging maliwanag sa mga kababayang Moro kung tayo ay magkakaroon ng halalan o wala. Ang tagal nang naipangako, maiimbyerna na naman ba? Dapat yung pangako, tinutupad. At ang pangakong yan ay ang halalan sa October 13," he added.

(It should be clear with the Moros if the elections will be held or not. We have long promised it and promises should be fulfilled. We promised to have an election on October 13.)

Macacua said they will consult legal experts to evaluate the implications of any non-implementation of BAA No. 77 for the upcoming elections, if necessary.

"Ultimately, our goal remains steadfast: to facilitate a fair, transparent, and credible election process, reflective of the will of our people," he said.

BAA No. 77 is valid

On a related development, Bangsamoro Transition Authority (BTA) Deputy Speaker Nabil Tan said the signing of BA No. 77 is “valid and legally effective” after BTA Speaker Pangalian Balindong condemned the “unauthorized” signing of the law. 

Tan signed the parliamentary measure on behalf of Balindong. 

“For the record, I have neither signed nor authorized any person to sign on my behalf with respect to the said measure. The signature appearing as ‘for’ is unauthorized, void, and without legal effect, constituting a violation of law. Accordingly, BAA No. 77 cannot be deemed signed or enacted,” the speaker said. 

Balindong said that based on the parliamentary rules, it is the speaker “who is vested with the duty and power to sign all acts, resolutions, and bills issued by or upon order of the Parliament. The rules also do not authorize the deputy speaker to sign any legislation. 

However, Tan cited Balindong’s absence during the August 26 law signing, saying the parliamentary rules allow the deputy speaker to act as the speaker in case of the latter’s incapacity or absence. 

Tan also said the affixing of the signature is purely ministerial in nature as the parliament already approved the law. 

“The signing of the approved bill was undertaken to avoid any possible dereliction of duty and to ensure the protection of the Parliament in the faithful execution of its legislative processes,” he said. 

“The ministerial act of signing was not an assertion of personal authority, nor was it intended to diminish the authority of the Speaker. Rather, it was a step to guarantee that the will of the Parliament is properly carried forward and, ultimately, to respect its approval of Bill No. 351 which I deemed my duty to safeguard,” he added.  — RSJ, GMA Integrated News