THREADING THE NEEDLE: SECURING JUSTICE IN A COHESIVE AND SEAMLESS TRANSITION OF SULU

Assalamu alaykum wa rahmatullahi wa barakatuhu

“I would like to take this time to voice the continuing and urgent concerns that need immediate action regarding the Supreme Court decision in Province of Sulu v. Executive Secretary, et al.
Beyond politics, my primary concerns are the welfare of the Tausug people and the province’s planned infrastructural developments. Many are at risk of being displaced from their jobs and livelihoods. More than 8,200 permanent employees are affected by this decision, and this number increases significantly when contractual workers are considered. Significant projects are also expected to be halted due to the “immediately executory” nature of the decision.

In light of this, I call on my fellow members of parliament to join me in seeking recourse from the various branches, subdivisions, and agencies of the government. Indeed, there needs to be a coordinated and deliberate effort to remedy the gaping wounds that continue to bleed profusely.

First, I urge the Supreme Court to reconsider the implications of this decision, taking into account the operative fact that Sulu has been part of BARMM for years. Confusion is evident not only within this parliament but also across both national and local governments. Legal theories abound on the question of “who is now responsible for Sulu?” but the lack of clarification allows government branches, offices, agencies, and LGUs to evade accountability. To me, this invites greater instability in governance.

Currently, there are calls in both houses of Congress to include Sulu in their budget, but it remains unclear if this is still possible. In view of this, I would like to applaud Senator Francis Tolentino and Congressman Mujiv Hataman for their efforts in raising our concerns with their national counterparts.

However, their affairs are not within the ambit of our powers. At the same time, it would be absurd for us to wait for the fruit to ripen and fall. It would be unfair for the people if no concrete courses of action are made by this Parliament. Consequently, I ask this honorable parliament to include Sulu in its budget. I make the same plea to our honorable Chief Minister Ahod Ibrahim and the government of the day to ensure this is implemented. Ayaw niyo kami pasari pasal kagunahan namu’ kamu. Please do not abandon us, as we need your support. After all, the Bangsamoro Organic Law, as reflected in its numerous provisions, envisioned that Sulu, as a core territory, would share in the allocated budget.

Further, the national, regional, and local governments share the responsibility of providing robust transitory mechanisms. The status quo prior to the decision is an important consideration. Until and unless the President exercises his power to reorganize regions and place Sulu in a different jurisdiction, we must take responsibility and protect the welfare of the people. After all, the decision did not remove the Bangsamoro government’s personal jurisdiction over its people. Additionally, the readiness of the local government to take on this responsibility must be examined before we can properly say that there has been a proper transition and devolution of power.

I am certain that no one in this parliament will disagree when I say that transitioning is not immediate. We need only look at the seats we currently occupy as an example. Locally, when Cotabato joined BARMM, it also took time for the city to transition into the framework of the regional government. In the same vein, it is practical to expect a similar process for Sulu who will do the opposite.

A question is then posed – does the Bangsamoro government have the authority to still allocate funds for Sulu? In my opinion, IT DOES. While the decision is “immediately executory,” it neither states nor implies that Sulu’s transition should be abrupt, nor does it make it illegal or unconstitutional to consider Sulu in the upcoming budget. This decision necessarily requires that an effective transition be made.

Interpreting the decision otherwise would only perpetuate further injustices previously suffered by our Tausug brothers and sisters. A cohesive and smooth transition is essential to ensure that no Bangsamoro is left behind. In a catena of cases, the Supreme Court has previously relaxed its rules to ensure justice is properly served, and I see no reason why this situation should be any different.

As a matter of last resort, I respectfully ask the Supreme Court to reconsider Sulu’s exclusion from BARMM. With all due respect, I see no basis for this exclusion – not in the BOL, the plebiscite, or the peace agreements. Ultimately, the reversal of the decision would not only address the challenges faced by the Tausug today but would also restore stability and support the broader goals of lasting peace and sustained development in the region.

In conclusion, I urge all parties involved to coordinate and act with urgency and fairness, ensuring that justice is served and that the Tausug people are not left in confusion or, worse, forced into stagnation during this transition. I speak on their behalf today, not just to reflect on their past contributions, but to remind us all of the crucial role that Sulu and the Tausug have played – and continue to play – in our collective struggle for self-determination.”

Wa billahi Tawfik wal hidaya, wassalamu alaykum wa rahmatullahi wa barakatuhu!

Privileged Speech delivered by the Deputy Speaker MP Atty. Nabil A. Tan, during the BTA Plenary Session held on September 19, 2024 at Cotabato City. (Repost from the Office of Deputy Speaker MP Nabil A. Tan Facebook Page and originally posted on September 19, 20204 at 10:21PM)