Shariff Kabunsuan: Difference between revisions
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===Supreme Court case=== |
===Supreme Court case=== |
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On 17 July 2008, the [[Supreme Court of the Philippines|Supreme Court]], in ''[[Sema v. Comelec]]'' declared the creation of the province of Shariff Kabunsuan [[void (law)|void]] and ruled that the power of ARMM's legislature to create provinces and cities is [[unconstitutional]].<ref name=ABS-CBNNews>{{cite news|last1=Llanto|first1=Jesus F.|title=Supreme Court voids creation of Shariff Kabunsuan|url=http://news.abs-cbn.com/nation/07/16/08/supreme-court-voids-creation-shariff-kabunsuan|accessdate=27 January 2016|publisher=ABS-CBN News|date=16 July 2008|archiveurl=https://web.archive.org/web/20160127232013/http://news.abs-cbn.com/nation/07/16/08/supreme-court-voids-creation-shariff-kabunsuan|archivedate=27 January 2016}}</ref> The Supreme Court in particular held that only the [[Congress of the Philippines]] was empowered to create provinces and cities because the creation of such necessarily included the power to create [[Electoral district|legislative districts]], which explicitly under the [[Constitution of the Philippines|Philippine Constitution]] was within the sole prerogative of Congress to establish. Consequently, the Court also declared |
On 17 July 2008, the [[Supreme Court of the Philippines|Supreme Court]], in ''[[Sema v. Comelec]]'' declared the creation of the province of Shariff Kabunsuan [[void (law)|void]] and ruled that the power of ARMM's legislature to create provinces and cities is [[unconstitutional]].<ref name=ABS-CBNNews>{{cite news|last1=Llanto|first1=Jesus F.|title=Supreme Court voids creation of Shariff Kabunsuan|url=http://news.abs-cbn.com/nation/07/16/08/supreme-court-voids-creation-shariff-kabunsuan|accessdate=27 January 2016|publisher=ABS-CBN News|date=16 July 2008|archiveurl=https://web.archive.org/web/20160127232013/http://news.abs-cbn.com/nation/07/16/08/supreme-court-voids-creation-shariff-kabunsuan|archivedate=27 January 2016}}</ref> The Supreme Court in particular held that only the [[Congress of the Philippines]] was empowered to create provinces and cities because the creation of such necessarily included the power to create [[Electoral district|legislative districts]], which explicitly under the [[Constitution of the Philippines|Philippine Constitution]] was within the sole prerogative of Congress to establish. Consequently, the Court also declared the power of the Regional Assembly to create provinces and cities within the Autonomous Region in Muslim Mindanao as unconstitutional.<ref name=ABS-CBNNews /> |
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Despite a [[Reconsideration of a motion|motion for reconsideration]] filed by ARMM officials, the Supreme Court reaffirmed its ruling in January 2009, thereby rendering its decision as final.<ref name=PhilStar>{{cite news|last1=Unson|first1=John|title=Shariff Kabunsuan province abolished|url=http://www.philstar.com/nation/430339/shariff-kabunsuan-province-abolished|accessdate=27 January 2016|publisher=[[The Philippine Star]]|date=11 January 2009}}</ref><ref name=Inquirer>{{cite news|last1=Fernandez|first1=Edwin O.|title=SC rules Shariff Kabunsuan is no more|url=http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20090111-182653/SC-rules-Shariff-Kabunsuan-is-no-more|accessdate=28 January 2016|publisher=Philippine Daily Inquirer (Inquirer Mindanao)|date=11 January 2009|archiveurl=https://web.archive.org/web/20110716220443/http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20090111-182653/SC-rules-Shariff-Kabunsuan-is-no-more|archivedate=16 July 2011}}</ref> |
Despite a [[Reconsideration of a motion|motion for reconsideration]] filed by ARMM officials, the Supreme Court reaffirmed its ruling in January 2009, thereby rendering its decision as final.<ref name=PhilStar>{{cite news|last1=Unson|first1=John|title=Shariff Kabunsuan province abolished|url=http://www.philstar.com/nation/430339/shariff-kabunsuan-province-abolished|accessdate=27 January 2016|publisher=[[The Philippine Star]]|date=11 January 2009}}</ref><ref name=Inquirer>{{cite news|last1=Fernandez|first1=Edwin O.|title=SC rules Shariff Kabunsuan is no more|url=http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20090111-182653/SC-rules-Shariff-Kabunsuan-is-no-more|accessdate=28 January 2016|publisher=Philippine Daily Inquirer (Inquirer Mindanao)|date=11 January 2009|archiveurl=https://web.archive.org/web/20110716220443/http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20090111-182653/SC-rules-Shariff-Kabunsuan-is-no-more|archivedate=16 July 2011}}</ref> |
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Revision as of 14:23, 4 September 2016
| Province of Shariff Kabunsuan | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Former province of Philippines | |||||||||
| 2006–2008 | |||||||||
 Coat of arms
| |||||||||
 Location of Shariff Kabunsuan with the Philippines. | |||||||||
| Capital | Datu Odin Sinsuat | ||||||||
| Area | |||||||||
• 2007 | 4,028.57 km2 (1,555.44 sq mi) | ||||||||
| Population | |||||||||
• 2007 | 562,886 | ||||||||
| Government | |||||||||
| Officers-in-Charge | |||||||||
• 16 Nov. 2006–14 May 2007 | Bimbo Sinsuat | ||||||||
• 14 May 2007–8 Oct. 2007 | Noraya Sinsuat-Pasandalan | ||||||||
| Governor (acting) | |||||||||
• 8 Oct. 2007–17 July 2008 | Ibrahim P. Ibay | ||||||||
| History | |||||||||
• Established | 28 October 2006 | ||||||||
• Disestablished | 17 July 2008 | ||||||||
| |||||||||
| Today part of | Maguindanao | ||||||||
Shariff Kabunsuan was a short-lived province of the Philippines within the Autonomous Region in Muslim Mindanao (ARMM) that existed from 2006 to 2008. Its designated seat of government was Datu Odin Sinsuat.[1] Initially omprising ten municipalities carved out of Maguindanao, Shariff Kabunsuan was created by virtue of Muslim Mindanao Autonomy Act No. 201; this law was nullified by the Supreme Court of the Philippines in 2008, thus disestablishing the province.
History
Shariff Kabunsuan was established under Muslim Mindanao Autonomy Act No. 201 which provided for the creation of the new province comprising the nine municipalities of Barira, Buldon, Datu Odin Sinsuat, Kabuntalan, Matanog, Parang, Sultan Kudarat, Sultan Mastura, and Upi, all of the first legislative district of the mother province of Maguindanao.[1] A tenth municipality, Datu Blah T. Sinsuat, was created within the proposed province on September 16, 2006,[2] weeks prior to the actual plebiscite for the creation of the province.
The plebiscite for the creation of the province was held on 28 October 2006.[3][4] Muslim Mindanao Autonomy Act No. 201 was ratified by the affirmative majority (285,372) votes cast in a plebiscite, thus establishing the province.[5] Only 8,802 voted for its rejection.[5]
The law establishing Shariff Kabunsuan was enacted by the Regional Assembly for the Autonomous Region of Muslim Mindanao, the first such province established by that local body, which had been so empowered under Republic Act No. 9054 or the Expanded ARMM law. Shariff Kabunsuan was the first province since Philippine independence that was not established through an Act of Congress.[3]
At the time of its creation, Shariff Kabunsuan was the Philippines' 80th province and the sixth in the Autonomous Region in Muslim Mindanao.[3] The province was named after Shariff Mohammed Kabungsuwan, an Arab-Malay Islamic preacher who introduced Islam to central Mindanao in the 16th century.[6]
An eleventh municipality was established two months after: the creation of Northern Kabuntalan by virtue of Muslim Mindanao Autonomy Act No. 205[7] was affirmed in a plebiscite held on 30 December 2006.[3]
Datu Odin Sinsuat was designated the capital of the new province, per Section 1 of MMA Act 201.[1] Cotabato City, which is an independent city that does not vote for provincial officials, belongs to neither Maguindanao nor Shariff Kabunsuan. However, for the purposes of congressional representation the said city was grouped with Shariff Kabunsuan, as per Section 5 of MMA Act No. 201.[1] This specific provision became the subject of the Supreme Court case that led to the disestablishment of the province.
Supreme Court case
On 17 July 2008, the Supreme Court, in Sema v. Comelec declared the creation of the province of Shariff Kabunsuan void and ruled that the power of ARMM's legislature to create provinces and cities is unconstitutional.[8] The Supreme Court in particular held that only the Congress of the Philippines was empowered to create provinces and cities because the creation of such necessarily included the power to create legislative districts, which explicitly under the Philippine Constitution was within the sole prerogative of Congress to establish. Consequently, the Court also declared the power of the Regional Assembly to create provinces and cities within the Autonomous Region in Muslim Mindanao as unconstitutional.[8]
Despite a motion for reconsideration filed by ARMM officials, the Supreme Court reaffirmed its ruling in January 2009, thereby rendering its decision as final.[9][10]
Administrative divisions
Shariff Kabunsuan was composed of 11 municipalities distributed between two Sangguniang Panlalawigan districts:
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See also
References
- ^ a b c d Regional Legislative Assembly - Autonomous Region in Muslim Mindanao (7 September 2006). "Muslim Mindanao Autonomy Act No. 201 - An Act Creating the Province of Shariff Kabunsuan, Providing Funds Therefor, and for Other Purposes" (PDF). Retrieved 27 January 2016.
- ^ "Did you know that… Maguindanao is the Seat Of Muslim Mindanao". Philippine Statistics Authority. 9 November 2006. Retrieved 9 August 2016.
- ^ a b c d "Did you know that… ARMM now has Six Provinces". Philippine Statistics Authority. 26 March 2007. Retrieved 9 August 2016.
- ^ "COMELEC Resolution No. 7727 - Rules and Regulations governing the conduct of the October 28, 2006 plebiscite to ratify the creation of the Province of Shariff Kabunsuan comprising the municipalities of Barira, Buldon, Datu Odin Sinsuat, Kabuntalan, Matanog, Parang, Sultan Kudarat, Sultan Mastura, Upi and Datu Blah T. Sinsuat in the Province of Maguindanao, pursuant to Muslim Mindanao Autonomy Act No. 201, dated August 28, 2006" (PDF). Commission on Elections. 10 October 2006. Retrieved 9 August 2006.
- ^ a b "Voters approve new Mindanao province". Philippine Information Agency. 1 November 2006. Retrieved 9 August 2006.
- ^ Unson, John (29 October 2006). "Maguindanao split decided in plebiscite". The Philippine Star. Retrieved 28 January 2016.
- ^ Regional Legislative Assembly - Autonomous Region in Muslim Mindanao (22 November 2006). "Muslim Mindanao Autonomy Act No. 205 - An Act Creating the Municipality of Northern Kabuntalan in the Province of Shariff Kabunsuan, Providing Funds Therefor, and for Other Purposes" (PDF). Retrieved 27 January 2016.
- ^ a b Llanto, Jesus F. (16 July 2008). "Supreme Court voids creation of Shariff Kabunsuan". ABS-CBN News. Archived from the original on 27 January 2016. Retrieved 27 January 2016.
- ^ Unson, John (11 January 2009). "Shariff Kabunsuan province abolished". The Philippine Star. Retrieved 27 January 2016.
- ^ Fernandez, Edwin O. (11 January 2009). "SC rules Shariff Kabunsuan is no more". Philippine Daily Inquirer (Inquirer Mindanao). Archived from the original on 16 July 2011. Retrieved 28 January 2016.