Manila: The Supreme Court (SC) en banc has issued a temporary restraining order (TRO) enjoining the Commission on Elections (COMELEC), Bangsamoro Transition Authority (BTA), and all persons acting under their authority from implementing Bangsamoro Autonomy Act (BAA) 77, pending the final resolution of two cases. The TRO is effective immediately, as stated in a news release on Tuesday.
According to Philippines News Agency, the BTA was created under Republic Act No. (RA) 11054, or the Bangsamoro Organic Law, to serve as the interim government of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) during its transition period. Under RA 12123, the first parliamentary elections in the BARMM are scheduled for October 13, with the election period having commenced on August 14.
On August 19, the BTA passed BAA 77, known as the Bangsamoro Parliamentary Redistricting Act, which reorganizes parliamentary districts within BARMM to reallocate the seven parliamentary seats initially assigned to Sulu province. In a 2024 ruling, the SC held that Sulu is not part of BARMM.
The petitioners in G.R. No. E-02219 filed a petition for certiorari and prohibition with a prayer for a TRO, challenging BAA 77 for allegedly violating the Voter’s Registration Act by altering precincts during the election period, among other concerns. Similarly, the petitioners in G.R. No. E002235 filed a petition for certiorari and prohibition and for the issuance of a status quo ante order, arguing that BAA 77 is unconstitutional for violating provisions ensuring free, orderly, honest, peaceful, and credible elections during the election period, among others.
The SC has ordered the COMELEC and BTA to file their comments on the petitions within a non-extendible period of five days from notice. The Comelec has announced that it will discuss on Wednesday whether or not it will proceed with the October 13 polls.