THERE WON’T BE any election happening this year following the Supreme Court (SC) decision declaring two districting laws by the autonomous government as unconstitutional.
In a media briefing, the High Tribunal ordered the postponement of the Bangsamoro elections originally scheduled on October 13.
According to Atty. Camille Ting, in her capacity as SC spokesperson, the SC en banc declared the Bangsamoro Autonomy Acts (BAAs) 58 and 77 as unconstitutional.
REDESTRICTING
“A new and valid districting law must be passed consistent with the Bangsamoro Organic Law, national laws, and the Constitution. There can be no BARMM parliamentary elections… because of the lack of a valid districting law,” Ting told reporters.
The BAA 77, otherwise referred to as the Bangsamoro Parliamentary Act of 2025, amended BAA 58 and redistricted the vacant seats in light of a decision excluding Sulu from the autonomous region.
The High Tribunal also “enjoined” the Bangsamoro Transition Authority and the Commission on Elections (Comelec) from enforcing the BAA 77, even as she cited the decision as “immediately executory.”
NO ENABLING LAW
Meanwhile, the Comelec has no other choice but to comply with SC.
This comes as Comelec chairman George Garcia admitted that the poll body is back to square one citing the absence of a valid law which would warrant the conduct of the first-ever parliamentary elections.
“Now, it is very clear that we have no law to enforce. It’s back to zero for Comelec,” Garcia was quoted as saying.
He however said that there are available legal remedies – but not for the Comelec to pursue.
“In the meantime, the ball is in the hands of the Bangsamoro Parliament. We shall be waiting for their action and compliance.”
BUSINESS AS USUAL
Interestingly, Comelec has also been instructed to continue its preparations and conduct the Bangsamoro Parliamentary Elections no later than March 31, 2026.
Of the 15-member High Tribunal, 11 voted in favor of the decision and three concurred in the declaration of the nullity of BAA 77 but dissented with the finding that the BAA 58 is invalid.
The Bangsamoro polls were reset from May 12 to October 13, 2025 after President Ferdinand Marcos Jr. in February signed into law the measure postponing the parliamentary elections.