Senate President Francis “Chiz” Escudero filed a measure on Monday to formalize his proposal to defer the parliamentary elections in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) following a recent Supreme Court ruling that excludes Sulu from the regional group.

The BARMM’s first parliamentary elections were originally scheduled for next year, coinciding with the 2025 Midterm elections on 11 May.

In filing Senate Bill 2862, Escudero expressed concern that the Supreme Court’s decision “provides a compelling reason to postpone the Bangsamoro regular elections due to its legal implications regarding the exclusion of Sulu from the autonomous region.”

Escudero’s SB 2862 aims to delay the BARMM parliamentary elections to 11 May 2026, to allow the region to “reconfigure its jurisdictions” and properly reallocate seats in its 80-member parliament in light of the High Court’s ruling.

“It’s important to do that to inform our fellow citizens in the BARMM regarding Congress's plan to postpone the elections, with the main reason being the Supreme Court's decision concerning the province of Sulu,” he said in Filipino.

Given the importance of the measure and the tight schedule of both the Senate and the House of Representatives for the remainder of the 19th Congress, Escudero expressed optimism that President Ferdinand “Bongbong” Marcos Jr. will certify SB 2862 “as urgent.”

Escudero explained that the High Court’s ruling may require a substantial correction of existing laws, particularly Republic Act (RA) 11054, and the Bangsamoro Parliamentary Districts Act of 2024 (BAA 58, 2024) — referring to the allocation of the statutory mandated 80 seats in the Bangsamoro Parliament.

In its resolution, the Supreme Court upheld the validity of the Bangsamoro Organic Law but also declared that the province of Sulu was not part of the BARMM after the latter rejected the law during the 2019 plebiscite held.

The province of Lanao del Norte, municipalities in North Cotabato and other areas had petitioned for voluntary inclusion in the BARMM.

Most provinces in the former Autonomous Region of Muslim Mindanao ratified the law, except Sulu. However, Sulu was still included in the BARMM, a decision challenged by the province's governor in a petition to the Supreme Court in 2018.

The BARMM parliament has established 32 parliamentary districts in Basilan, Tawi-Tawi, Maguindanao del Norte, Maguindanao del Sur, Lanao del Sur, Cotabato City, the Bangsamoro Special Geographic Area in Cotabato province, and Sulu.

From the 80 members to be elected in the parliament, 32 of them, including the seven from Sulu, shall represent parliamentary districts.

"For example, if there are seven or eight representatives from Sulu in the BARMM parliament, what happens if they are no longer part of the BARMM? How will that be allocated? It can’t just be deducted arbitrarily. What about the party-list groups that are registered there and the sectoral groups that are also registered there?” Escudero asked.

The Senate President stressed the need to decide on the matter.

“Kailangan ng kaunting panahon para magawa at maisaayos dahil importante at dahil bahagi ng peace talks ay konsultasyon sa mga stakeholders d’yan sa BARMM (Some time is needed to accomplish and organize this because it is important and consultation with stakeholders in BARMM is part of the peace talks),” he said.

The Commission on Elections has started receiving certificates of candidacy for the 2025 BARMM parliamentary elections.

It said it would continue to do so until 9 November pending the final action of the Congress on the possible postponement of the BARMM polls.

Further, Escudero said the Senate hearings to shed light on the issues related to the Bangsamoro Transition Authority parliament's move to create a new province called Kutawato Province — which includes eight newly-formed municipalities that were part of the Special Geographic Area within BARMM.

Escudero said the creation of a new province requires the establishment of a legislative district to avoid disenfranchising voters affected municipalities of Pahamuddin, Kadayangan, Nabalawag, Old Kaabakan, Kapalawan, Malidegao, Tugunan and Ligawasan — all of which are located in North Cotabato.