In a petition dated March 6, 2026, the group, led by Abdulsukor A. Mustapah, asked the High Court to nullify Bangsamoro Autonomy Act (BAA) No. 85 – which appropriates funds for the operation of the Bangsamoro government for fiscal year 2026. The case, docketed as G.R. No. E-05105, also seeks the issuance of a temporary restraining order and other urgent reliefs to stop the law’s implementation.

 

The respondents in the case include the Bangsamoro Transition Authority Parliament, represented by Speaker Mohammad Shuaib Yacob, along with MPs Atty. Ishak Mastura, Tomanda Antok, Zulfikar-Ali S. Bayam, Rasul Ismael, Atty. Rasol Mitmug, Atty. Amenodin Sumagayan, Romeo Sema, Khalid M. Hadji Abdullah, And Sittie Fahanie Uy-Oyod – all in their capacity as Members of the Bangsamoro Transition Authority Parliament.

 

Also named as respondents are Abdulraof A. Macacua, in his capacity as Interim Chief Minister of the Bangsamoro Autonomous Region in Muslim Mindanao; Kitem D. Kadatuan Jr., Chairperson of the Committee on Finance, Budget and Management; Jose I. Lorena, Naguib G. Sinarimbo, and Baintan A. Ampatuan, in their capacities as Vice Chairpersons of the Committee on Finance, Budget and Management; Ubaida C. Pasasem, in his capacity as Minister of Finance, Budget and Management; and Naila Z. Dimaraw, in her capacity as Bangsamoro Treasurer under the Ministry of Finance, Budget and Management.

 

Key Issues Raised

 

The petitioners argue that BAA No. 85 violates both the Constitution and the Bangsamoro Organic Law, raising two main concerns: the reduced allocation for education and the concentration of funds under the Chief Minister.

 

First, the group claims that the budget for the Ministry of Basic, Higher, and Technical Education was significantly reduced. According to the petition, the education sector received only 23.22% of the total ?114 billion regional budget – amounting to a reduction of ?6.16 billion from the Ministry’s originally proposed 2026 budget and ?5.65 billion less than its 2025 allocation.

 

The petitioners argue that this reduction violates the constitutional mandate to give education the highest priority in government spending. They also allege that the funds removed from the education budget were redirected to other allocations under the discretion of the Chief Minister.

 

Concerns Over Fund Concentration

 

The second issue raised involves the alleged concentration of a large portion of the Bangsamoro budget under the control of Macacua.

 

The petition states that approximately ?47.79 billion, or 41.89% of the total budget, is allocated to funds effectively controlled by the Chief Minister’s office. These include allocations for the Office of the Chief Minister, contingency funds, and special development programs.

 

The petitioners contend that this concentration of discretionary funds undermines transparency, accountability, and the system of checks and balances – especially as the region prepares for its first regular parliamentary elections scheduled for September 2026.

 

Call for Judicial Intervention

 

While acknowledging that budget allocation is generally within the authority of the political branches of government, the petitioners argue that the Court may intervene when there is “grave abuse of discretion.”

 

They assert that the significant reduction in education funding and the consolidation of discretionary funds under a single leadership office warrant judicial review.

 

The petitioners are asking the Supreme Court to declare BAA No. 85 unconstitutional and to immediately halt its implementation through a temporary restraining order or preliminary injunction.

 

The case is currently pending before the Court En Banc, with no date yet set for initial deliberations.