THE Supreme Court en banc has upheld the inclusion of Cotabato City in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).
The decision was reached by the magistrates during Tuesday’s en banc session.
In its decision, the High Court held that the Commission on Elections (Comelec) complied with the requirements of the Bangsamoro Organic Law in conducting the plebiscite that was held on January 21, 2019.
It ruled that the poll body has the constitutional mandate to guarantee the proper exercise of the right of suffrage of the Filipino people.
The magistrates said they will not interfere in discharge of the Comelec’s functions unless there is grave abuse of discretion.
The SC also said that petitioners Amil P. Sula, Gaspar S. Asi, and Hussein K. Malik, Sr. failed to submit necessary evidence to substantiate their allegations of fraud in the conduct of the plebiscite.
“The mere allegation that the inclusion of Cotabato City in the newly-formed Bangsamoro Autonomous Region in Muslim Mindanao was not the true intention of the voters of Cotabato City will not persuade this Court to overturn the actions of the Commission on Elections,” a briefer provided by the SC Public Information Office said.
Twelve justices voted to uphold the inclusion of Cotabato City to BARMM, while two others took no part. One associate justice was on leave and did not take part in the deliberation.
The SC has yet to release a copy of the full decision.
The case stemmed from a petition for certiorari filed by Sula, Asi and Malik questioning the result of the January 21, 2019, plebiscite conducted to determine whether Cotabato City should be included in the BARMM.
The result of the plebiscite showed that 38,682 voted in favor of the inclusion, while 24,994 individuals voted against it.
Subsequently, the Comelec declared the ratification of the Organic Law and the incorporation of Cotabato City in the new Bangsamoro entity.
The petitioners also asked the SC to issue a temporary restraining order or a writ of preliminary injunction against the poll body, in its official capacity as the national plebiscite board of canvassers.
