MANILA, Philippines — The Supreme Court (SC) en banc has permanently struck down two crucial Bangsamoro laws defining parliamentary districts, declaring both unconstitutional and effectively postponing the inaugural parliamentary elections in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) originally scheduled for October 13, 2025.
In a landmark decision, promulgated on September 30, 2025, and penned by Associate Justice Rodil V. Zalameda, the Court ruled that there is currently “no effective law” to govern the elections and mandated the Bangsamoro Transition Authority (BTA) to enact a new districting law by October 30, 2025. The consolidated cases are Lanang T. Ali, Jr., et al. v. Bangsamoro Transition Authority Parliament, et al. (G.R. No. E-02219) and Abdullah G. Macapaar, et al. v. Commission on Elections, et al. (G.R. No. E-02235).
A Flawed Redistricting Attempt
The controversy arose after the SC’s 2024 ruling in Province of Sulu v. Medialdea excluded Sulu from the BARMM, leaving seven parliamentary seats unallocated under the region’s initial districting law, Bangsamoro Autonomy Act No. 58 (BAA 58).
To address this gap, the BTA Parliament passed Bangsamoro Autonomy Act No. 77 (BAA 77), the “Bangsamoro Redistricting Act of 2025,” which reallocated Sulu’s seven seats among the remaining BARMM districts. The petitioners—including registered voters and political party nominees—challenged BAA 77, noting that it was enacted on August 23, 2025, during the official election period for the October 13 polls. This late timing created widespread confusion and rendered preparations by the Commission on Elections (COMELEC) impossible.
Legal and Logistical Impossibility
The Court identified several constitutional and statutory infirmities:
First, the primary issue was whether BAA 77 was valid, given its enactment just days after the official election period began. The COMELEC openly admitted the logistical impossibility of implementing the massive redistricting—which required reconfiguring precincts, reprinting ballots, and retraining personnel for 2.25 million voters—in time for the scheduled polls.
Second, the SC addressed the legal vacuum: If BAA 77 was void, did the old law, BAA 58, automatically revive? Petitioners and the COMELEC were left in a quandary, as BAA 58 was based on the premise that Sulu was included in the BARMM, making it functionally flawed and unable to fulfill the Bangsamoro Organic Law’s mandated 80-seat Parliament.
Both Districting Laws Nullified
The Supreme Court granted the petitions, declaring both districting laws invalid and ordering a full reset of the electoral process. BAA 77 was found to be unconstitutional on multiple grounds. The law was enacted during the election period, which directly contravenes Section 5 of the Voter’s Registration Act (RA 8189), which strictly prohibits the alteration or creation of precincts once the election period has commenced. Furthermore, the redistricting violated the requirement that districts must comprise, “as far as practicable, contiguous, compact, and adjacent territorial jurisdiction,” citing instances of detached municipalities and barangays in Lanao del Sur, Maguindanao del Norte, and Cotabato City. Lastly, Section 4 of BAA 77 unlawfully authorized the Philippine President to appoint “Interim Parliamentary District Representatives,” which violates the Bangsamoro Organic Law’s mandate that district representatives must be elected through direct vote.
The Court also declared BAA 58 unconstitutional and inoperable. It set aside the doctrine of automatic revival, stating that BAA 58 could not be reinstated because the exclusion of Sulu made it fundamentally flawed. To proceed with BAA 58 would violate the Bangsamoro Organic Law’s mandate for an 80-seat Parliament and would result in an “incomplete” and unrepresentative legislative body.
Mandatory Directives for a New Election Timeline
The decision effectively postponed the October 13, 2025 elections and set a new, strict schedule for the transition government and the COMELEC. The BTA is IMMEDIATELY DIRECTED to enact a new districting law that fully complies with the Constitution and national laws, with a deadline of October 30, 2025. Subsequently, the COMELEC is DIRECTED to promptly proceed with preparations and conduct the first regular BARMM Parliamentary Elections not later than March 31, 2026. The SC strongly urged the BTA to prioritize the determination of parliamentary districts, emphasizing that the failure to enact a timely and valid law is an “affront to the Bangsamoro people’s right to vote.”