NEWS
1October
Photo courtesy Suprame Court PH (Facebook)
Supreme Court declares Bangsamoro parliamentary districting laws unconstitutional, delays BARMM elections to 2026
- Oct 1, 2025
- Taher G. Solaiman
- HITS: 1755
In an 11-3-1 decision, the High Court granted consolidated petitions challenging Bangsamoro Autonomy Act No. 77 (BAA 77) and Bangsamoro Autonomy Act No. 58 (BAA 58), declaring both laws unconstitutional with immediate effect. The Court permanently enjoined the enforcement of BAA 77, also known as the Bangsamoro Parliamentary Redistricting Act of 2025.
The judgment cited critical violations, including the passage of BAA 77 after the election period commenced on August 14, 2025, thus breaching the Voters Registration Act, which forbids changes to precincts during the election period. Moreover, the Court found that BAA 77 contravened the Bangsamoro Organic Law’s requirement that districts should be contiguous and adjoining “as far as practicable,” noting improper assignments of local government units across non-contiguous areas in Lanao del Sur, Maguindanao del Norte, and Cotabato City.
BAA 77 sought to redistribute seven parliamentary seats initially allocated to the province of Sulu, which the Court also highlighted as problematic.
The Court further invalidated BAA 58, the earlier districting law passed in 2024 that included Sulu in its parliamentary districts, deeming it based on an “outdated framework” after Sulu’s removal from BARMM — ruling that it cannot be revived or applied.
Acknowledging the absence of a valid districting law, the Supreme Court stated that the October 13 elections could no longer proceed as scheduled.
The Court issued a strict timeline for remedial actions:
1. New Districting Law: The Bangsamoro Transition Authority (BTA) must immediately establish new parliamentary districts in full compliance with the Bangsamoro Organic Law and the Court’s criteria, no later than October 30, 2025.
2. Election Rescheduling: The Commission on Elections (Comelec) is directed to swiftly prepare and conduct the BARMM parliamentary elections no later than March 31, 2026.
The voting breakdown reflects some divisions among the justices: while 11 justices agreed on the nullity of BAA 77 and BAA 58, three justices concurred only on nullifying BAA 77 and dissented on BAA 58, and three justices opined that the October elections should proceed based on existing laws.
This landmark decision resets the electoral timeline for BARMM’s governance and calls for swift legislative action to ensure lawful representation in the region’s Parliament.
Time in Cotabato
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