The Supreme Court has denied with finality the Motion for Partial Reconsideration filed by petitioners in G.R. No. E-02235 and ruled that Bangsamoro Autonomy Act (BAA) 58 cannot be the basis for conducting the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) Parliamentary Elections. The Court held that BAA 58 can no longer legally exist because its apportionment has been rendered unconstitutional, and that its operation cannot be salvaged by urgency, equity, or good intentions.
The Case
The Bangsamoro Organic Law, promulgated in 2018, established the BARMM four years after the signing of the Comprehensive Agreement on the Bangsamoro on March 2, 2014. During the transition period, the Bangsamoro Transition Authority (BTA) serves as the BARMM's interim government until the election and qualification of the chief minister of the first Bangsamoro Parliament.
The first regular parliamentary election for BARMM was supposed to coincide with the 2022 national elections. It was moved to the 2025 national elections under Republic Act No. 11593, and Republic Act No. 12123 again moved the date of election to October 13, 2025.
In February 2024, the BTA enacted BAA 58, which apportioned 32 parliamentary districts across the BARMM. The Court later promulgated Province of Sulu v. Medialdea, which upheld the Bangsamoro Organic Law's constitutionality but invalidated the Province of Sulu's inclusion in the BARMM. That ruling became final on November 26, 2024. Consequently, the BTA had to reallocate the seven parliamentary seats initially assigned to the Province of Sulu under BAA 58, and enacted BAA 77 to distribute these seats among the other BARMM provinces by substantially redistricting the existing districts.
Petitioners in G.R. No. E-02219 (Lanang T. Ali, Jr., Samsodin C. Amella, and Datuan M. Magon, Jr.) and G.R. No. E-02235 (Abdullah G. Macapaar and others) challenged the constitutionality of BAA 77. In a Resolution dated September 15, 2025, the Court consolidated the Petitions and issued a Temporary Restraining Order (TRO) against the implementation of BAA 77. The Commission on Elections (COMELEC) complied by suspending all preparations for the 2025 BARMM Parliamentary Elections as of September 17, 2025.
The Issue
Among the matters the Court resolved was whether BAA 58 could be revived to serve as the basis for the conduct of the BARMM Parliamentary Elections despite its constitutional defects.
The Ruling
The Court ruled that reviving BAA 58 is constitutionally untenable. It stated that the Bangsamoro Organic Law mandates that 80 parliamentary seats must always be filled and specifies how to do so, with no provisions for conducting piecemeal elections. The Court declared that BAA 58 cannot be the basis for an election because it can no longer legally exist.
In its dispositive portion, the Court ruled: the Motion for Partial Reconsideration filed by petitioners in G.R. No. E-02235 is DENIED with FINALITY; the Omnibus Motion (for Intervention and Reconsideration) filed by Atty. Rasol Y. Mitmug, Jr., and Rasul E. Ismael dated October 13, 2025 is likewise DENIED; and the Motion for Partial Reconsideration filed by respondents Bangsamoro Transition Authority and Bangsamoro Autonomous Region in Muslim Mindanao Chief Minister Abdulraof A. Macacua dated October 21, 2025 is PARTLY GRANTED. The Court stated that the setting of reasonable timeliness by the Court does not take away the exercise by Congress of its legislative power to determine the most appropriate date for the conduct of the 2026 Bangsamoro Parliamentary Elections.
By the Numbers
- March 2, 2014 — signing of the Comprehensive Agreement on the Bangsamoro
- 2018 — promulgation of the Bangsamoro Organic Law
- February 2024 — BTA enacted BAA 58, apportioning 32 parliamentary districts
- November 26, 2024 — Province of Sulu v. Medialdea became final
- 7 — parliamentary seats initially assigned to the Province of Sulu under BAA 58
- 80 — parliamentary seats the Bangsamoro Organic Law mandates must always be filled
- September 15, 2025 — Resolution consolidating the Petitions and issuing the TRO
- September 17, 2025 — COMELEC suspended preparations for the 2025 elections
- October 13, 2025 — moved date of the election under Republic Act No. 12123
The Court's Reasoning
The Court explained that the desire to hold elections does not justify suspending the constitutional framework, and that the urgency of conducting elections cannot convert a void statute into a valid one. It stated that convenience, expediency, and even democratic aspirations are not sources of legal authority, and that the Constitution does not recognize necessity as a substitute for law.
According to the Court, allowing BAA 58 to serve as the basis for the elections, despite its obvious constitutional defects, would produce consequences far more damaging than delay. It would establish the dangerous proposition that a statute may continue to operate even after its foundational premises have been declared unconstitutional. The Court said that once it has definitively ruled on the territorial scope of the BARMM, all statutes dependent on the rejected configuration must yield.
The Court emphasized that it must guard against crossing the constitutional boundary between adjudication and legislation, noting that reviving BAA 58 would necessarily entail rewriting its apportionment scheme, reallocating seats, and supplying details beyond the Court's authority. It concluded that although it is a disappointment to state that the Bangsamoro people will have to await the conduct of their first BARMM Parliamentary Elections, the only constitutionally permissible path forward lies in valid legislation. The Court added that the current delay to allow the enactment of a constitutionally compliant districting law or to resolve ongoing litigation is the most prudent way to protect voters' rights and establish a stable, legitimate Bangsamoro Parliament.
Source: Resolution in G.R. Nos. E-02219 and E-02235, Lanang T. Ali, Jr., et al. v. Bangsamoro Transition Authority, et al., and Abdullah G. Macapaar, et al. v. Commission on Elections and Bangsamoro Transition Authority, promulgated April 8, 2026, penned by Justice Zalameda.
This report summarizes a public Supreme Court decision and is not legal advice.