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2022 Maguindanao division plebiscite

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2022 Maguindanao division plebiscite
September 17, 2022[1]
Are you in favor in dividing the province of Maguindanao into two separate provinces that will be called Maguindanao del Norte and Maguindanao del Sur pursuant to Republic Act Number 11550?
OutcomeProposal accepted
Results
Choice
 Votes %
Yes 706,558 99.27%
No 5,209 0.73%
Valid votes 711,767 100.00%
Invalid or blank votes 0 0.00%
Total votes 711,767 100.00%
Registered voters/turnout 818,790 86.93%
Results by municipality;
Yes:   50–60%   60–70%   70–80%
No:   50–60%   60–70%   70–80%
Map of Maguindanao divided into two: Maguindanao del Norte and Maguindanao del Sur

The Maguindanao division plebiscite was held in the province of Maguindanao, Philippines on September 17, 2022, more than four months after the May 9 national and local elections, after having been postponed[1] from its planned plebiscite in or before August 2021.[2][3] As required by Republic Act No. 11550, it was conducted to seek the consent by the residents of Maguindanao on the proposal to divide the province into two separate provinces that will henceforth be named Maguindanao del Norte and Maguindanao del Sur.[4]

Background

Shariff Kabunsuan

Further information: Shariff Kabunsuan and 2006 Shariff Kabunsuan creation plebiscite

The traces of the proposed division goes back into the formation of Shariff Kabunsuan. Shariff Kabunsuan was established through Muslim Mindanao Autonomy Act No. 201[5] by the former ARMM Regional Legislative Assembly. It was composed of 11 municipalities: Barira, Buldon, Datu Blah T. Sinsuat, Kabuntalan, Matanog, Northern Kabuntalan, Parang, Sultan Kudarat, Sultan Mastura, and Upi with Datu Odin Sinsuat as its designated capital. Cotabato City became part of Shariff Kabunsuan, but for geographical and statistical purposes only. However, the province was short-lived due to the Supreme Court case Sema v. COMELEC.[6] Citing the cause was that only Congress shall have the power to create legislative districts, and in turn, cities and provinces.[7]

Legislative history

Map of Shariff Kabunsuan

In 2017, former Congresswoman of 1st District of Maguindanao Bai Sandra Sema filed House Bill No. 5185 which seeks to divide Maguindanao into two: namely Maguindanao North and Maguindanao South.[8] It has the same composition of the former province of Shariff Kabunsuan with Datu Odin Sinsuat as its designated capital. However, it did not went past into the 17th Congress.

At the 18th Congress in August 2019, Maguindanao's 2nd congressional district representative Esmael Mangudadatu filed House Bill No. 3405 in order to create Maguindanao North. Its municipalities composed of former municipalities of Shariff Kabunsuan, along with Datu Anggal Midtimbang and Sultan Sumagka (Talitay). However, its designated capital was the municipality of Sultan Kudarat, which differed from the other bills filed.[9]

In September 2019, the current Congressman of 1st District of Maguindanao Datu Roonie Sinsuat Sr. filed House Bill No. 4840 in order to create Western Maguindanao. It was also composed of former municipalities of Shariff Kabunsuan, along with additional municipalities of Sultan Sumagka (Talitay) and South Upi.[10]

Consolidated as House Bill No. 6413, it became the final version of the act that splits Maguindanao into two: Northern Maguindanao and Southern Maguindanao. Northern Maguindanao consists of 12 municipalities:

Meanwhile, Southern Maguindanao consists of 24 municipalities:

Northern Maguindanao resembles the original territory of Shariff Kabunsuan with the addition of Sultan Sumagka. The final designated capital for Northern Maguindanao will be Datu Odin Sinsuat. The capital of Southern Maguindanao will be Buluan.[11] The bill was passed by the 18th Congress on February 27, 2020.[12][13]

Senator Francis Tolentino co-sponsored the House Bill into the Senate, citing the cause of better delivery of government services within the province. The same sentiment was also shared by Senator Miguel Zubiri.[14]

Salient features of Republic Act 11550

  • Section 54 of the law mandates all obligations, debts, and assets shall be shared or paid equally by the newly created provinces.
  • Section 50 of the law makes Maguindanao del Sur the mother province and the elected governor of the original Maguindanao province shall assume as governor of Maguindanao del Sur. The vice governor or any highest ranking official of the Maguindanao Provincial Board who is a resident of Maguindanao del Norte will serve as acting governor. In the event that a resident of Maguindanao del Norte is elected as governor of Maguindanao, he/she will only hold office until a resident of Maguindanao del Sur will take over through the next local election. All other vacancies in the provincial board will be appointed by the President of the Philippines.
  • Section 48 states that the expense of the provincial division plebiscite shall be borne out of the budget of the original Maguindanao province and neither the BARMM government nor the national government.
  • Section 11 mandates all elected officials to hold office in the designated provincial capital stated in Section 5. They may opt to hold office at any municipality outside the capital within the province for a period of not more than seven working days in any given month.
  • Section 9 also states that Cotabato City, an independent-component city no longer under the jurisdiction of the undivided Maguindanao, is to be part of the congressional district of Maguindanao del Norte.

Preparation

Scheduling

Presidential spokesperson Harry Roque announced that President Duterte signed into law the bill dividing Maguindanao on May 27, 2021.[3] The Maguindanao provincial government later stated that they have set aside 120 million pesos for the plebiscite, and that they were waiting for the Commission on Elections to set the day of the plebiscite.[15] The enabling law mandated that the COMELEC should schedule the plebiscite around August 2021, but COMELEC decided to postpone it until after the 2022 general election.[2]

On June 22, 2022, the COMELEC en banc approved the date for the plebiscite on September 17, 2022 to ratify the law dividing the province into Maguindanao del Norte and Maguindanao del Sur.[16]

On August, the commission started printing of ballots for this plebiscite and plebiscites in three other areas.[17] A total of 818,790 ballots will be printed.[18]

Question

The question on the ballot is:[18]

Pumapayag ka ba na hatiin ang probinsiya ng Maguindanao sa dalawang (2) hiwalay na probinsiya na kikilalanin bilang Maguindanao del Norte at Maguindanao del Sur alinsunod sa Batas Republika Bilang 11550?

The ballot also includes an Arabic translation of the question.[18] In English, it translates to "Are you in favor in dividing the province of Maguindanao into two separate provinces that will be called Maguindanao del Norte and Maguindanao del Sur pursuant to Republic Act Number 11550?"

Voters were opted to write "yes" or "oo" if they agree, or "no" or "hindi" if they oppose the proposal.

Campaign

Local officials, including representative from Maguindanao's 1st district Bai Dimple Mastura, encouraged voters to vote for division. Provincial administrator Cyrus Torreña appealed to the members of the Maguindanao Provincial Board to support the division.[19]

The United Bangsamoro Justice Party, the political arm of the Moro Islamic Liberation Front, announced it is for division. Mohagher Iqbal urged all of their members to vote "yes", saying "Dividing the province will bring the government closer to the people."[20]

A week before the plebiscite a group called "The Interfaith for Peace and Clean Election" requested to the commission to postpone the election. Its coordinator Goldy Omelio said that many of the residents do not know of the upcoming plebiscite. Omelio added that politicians for division were aggressive in campaigning for division.[21]

Meanwhile, the Roman Catholic Archdiocese of Cotabato's prelate Angelito Lampon encouraged the faithful to vote, without stating preference on whether to divide or not. Lampon said that the plebiscite is a mere formality due to lack of clear opposition to division. He stressed that what happens next, if the new provincial officials will be elected or appointed, "is more dangerous".[22]

Results

Observations and official results

The Commission on Elections (COMELEC) reported that all voting precincts opened on time except one in Talayan, wherein it only opened thirty minutes late.[23][24]

COMELEC reported no election-related incidents citing statements from law enforcement authorities.[23][25] Poll watchdog National Citizens' Movement for Free Elections (NAMFREL), with other groups, described the plebiscite processes as smooth and peaceful;[26] cited generally quick voting process in polling sites and transparency in counting and canvassing of votes.[27][28][29]

While both NAMFREL and another poll watchdog Legal Network for Truthful Elections (LENTE) reported common problems encountered by voters, they observed in voting centers that COVID-19 protocols were not much enforced and followed.[26][27][28][29]

As expected, results were announced by COMELEC on September 18.[25][27][30] Majority of voters favored the division, according to the initial data.[31] The voter turnout is the second highest for province-wide plebiscites, only behind that of the 1998 plebiscite creating and taking Compostela Valley from Davao del Norte.[26][30] Meanwhile, the plebiscite is said to be the most participated in terms of number of registered and actual voters.[26]

The voter turnout exceeded a prediction by COMELEC which was at least 60%.[23][25] Earlier, NAMFREL observed a low voter turnout especially in Upi and Buluan;[23][27] however in Talitay, about 80% of voters were reportedly already voted by morning and despite a report that some voters did not participate due to security reasons, the plebiscite had been peaceful.[28][30] Observations from LENTE stated that voting influx peaked 30 minutes after the polling precincts opened, same duration later than expected.[23][24]

Official results show eight municipalities, all from the proposed Maguindanao del Sur, unanimously voting for division: Ampatuan, Datu Abdullah Sangki, Datu Anggal Midtimbang, Datu Montawal, Mamasapano, Paglat, Shariff Saydona Mustapha and Talayan.[32]

Are you in favor in dividing the province of Maguindanao into two separate provinces that will be called Maguindanao del Norte and Maguindanao del Sur?
Choice Votes %
Referendum passed Yes 706,558 99.27
No 5,209 0.73
Valid votes 711,767 100%
Invalid or blank votes 0 0%
Total votes 711,767 100.00
Registered voters/turnout 818,790 86.93%
Source: COMELEC

By municipality

Municipality Yes No Valid votes
Total % Total %
Ampatuan 16,821 100.00 0 0.00 16,821
Barira 18,876 99.46 102 0.54 18,978
Buldon 21,388 99.67 71 0.33 21,459
Buluan 20,331 99.85 30 0.15 20,361
Datu Abdullah Sangki 23,461 100.00 0 0.00 23,461
Datu Anggal Midtimbang 15,305 100.00 0 0.00 15,305
Datu Blah T. Sinsuat 11,208 98.66 152 1.34 11,360
Datu Hoffer Ampatuan 10,488 97.87 228 2.13 10,716
Datu Montawal 21,256 100.00 0 0.00 21,256
Datu Odin Sinsuat 80,256 100.00 1 0.00 80,257
Datu Paglas 22,374 99.98 4 0.02 22,378
Datu Piang 14,381 99.72 40 0.28 14,421
Datu Salibo 10,597 96.79 351 3.21 10,948
Datu Saudi-Ampatuan 20,022 99.95 10 0.05 20,032
Datu Unsay 8,101 99.17 68 0.83 8,169
General Salipada K. Pendatun 19,506 99.95 10 0.05 19,516
Guindulungan 12,042 99.23 93 0.77 12,135
Kabuntalan 11,029 99.19 90 0.81 11,119
Mamasapano 14,443 100.00 0 0.00 14,443
Mangudadatu 12,346 99.95 6 0.05 12,352
Matanog 16,648 99.84 27 0.16 16,675
Northern Kabuntalan 10,377 99.72 29 0.28 10,406
Pagalungan 22,981 99.95 12 0.05 22,993
Paglat 10,873 100.00 0 0.00 10,873
Pandag 10,781 99.93 8 0.07 10,789
Parang 46,183 98.85 537 1.15 46,720
Rajah Buayan 13,385 99.94 8 0.06 13,393
Shariff Aguak 18,641 99.35 122 0.65 18,763
Shariff Saydona Mustapha 8,434 100.00 0 0.00 8,434
South Upi 24,252 92.71 1,907 7.29 26,159
Sultan Kudarat 59,395 99.87 75 0.13 59,470
Sultan Mastura 8,643 99.63 32 0.37 8,675
Sultan sa Barongis 11,360 99.08 105 0.92 11,465
Sultan Sumagka 15,120 99.02 150 0.98 15,270
Talayan 17,329 100.00 0 0.00 17,329
Upi 29,018 96.87 938 3.13 29,956
Maguindanao 707,651 99.27 5,206 0.73 712,857
Source: One News PH and CNN Philippines

By proposed province

Proposed province Yes No Valid votes
Total % Total %
Maguindanao del Norte 328,141 99.33 2,204 0.67 330,345
Maguindanao del Sur 379,510 99.22 3,002 0.79 382,512
Maguindanao 707,651 99.27 5,206 0.73 712,857
Source: One News PH and CNN Philippines

Aftermath

After voters voted overwhelmingly for division, the COMELEC will issue a legal opinion on who will be leading the two provinces. The organic act presupposes that the plebiscite was held after the 2022 local elections; however, due to COMELEC's preparation for that, the plebiscite was done after it. Chairman George Garcia said that the COMELEC won't participate in determining who would be the new officials, saying that under the Local Government Code, it would be the Department of the Interior and Local Government.[33]

References

  1. ^ a b Bordey, Hana (August 19, 2021). "Plebiscite on dividing Maguindanao into 2 provinces set for September 17". GMA News. Retrieved June 23, 2022.{{cite news}}: CS1 maint: url-status (link)
  2. ^ a b Araja, Rio; Ramos-Araneta, Macon (October 27, 2020). "Maguindanao bills set to split province". Manila Standard. Retrieved March 28, 2021.{{cite news}}: CS1 maint: url-status (link)
  3. ^ a b Galvez, Daphne (May 27, 2021). "Duterte OKs bill splitting Maguindanao into two provinces". Philippine Daily Inquirer. Retrieved May 27, 2021.
  4. ^ Punzalan, Jamaine (May 27, 2021). "Duterte approves splitting Maguindanao into 2 provinces— spokesman". ABS-CBN News. Retrieved May 27, 2021.
  5. ^ "Muslim Mindanao Autonomy Act No. 201" (PDF). The LawPhil Project. Retrieved March 28, 2021.
  6. ^ Linto, Jose (July 17, 2008). "Supreme Court voids creation of Shariff Kabunsuan". ABS-CBN News. Retrieved March 28, 2021.
  7. ^ Aning, Jerome (July 18, 2008). "(CORRECTED) SC zaps Kabunsuan; RP down to 80 provinces". Philippine Daily Inquirer. Archived from the original on July 29, 2008. Retrieved April 4, 2016.
  8. ^ Sema, Bai Sandra Sinsuat A. (March 2, 2017). "House Bill No. 5185 – An Act Creating the Province of Maguindanao North" (PDF). Congress of the Philippines. Archived from the original (PDF) on June 25, 2017. Retrieved September 8, 2017.
  9. ^ Mangudadatu, Esmael "Toto". "House Bill No. 3405" (PDF). congress.gov.ph. House of Representatives. Archived from the original (PDF) on February 16, 2021. Retrieved March 28, 2021.
  10. ^ Sinsuat, Datu Roonie Sr. "House Bill No. 4840" (PDF). congress.gov.ph. House of Representatives. Archived from the original (PDF) on February 23, 2021. Retrieved March 28, 2021.
  11. ^ "House Bill No. 6413" (PDF). congress.gov.ph. House of Representatives. Archived from the original (PDF) on April 13, 2021. Retrieved March 28, 2021.
  12. ^ Villanueva, Noel. "Committee Report No. 249" (PDF). congress.gov.ph. House of Representatives. Archived from the original (PDF) on April 13, 2021. Retrieved March 28, 2021.
  13. ^ Unson, John (June 3, 2020). "House OKs bill splitting Maguindanao into 2 provinces". The Philippine Star. Retrieved March 28, 2021.
  14. ^ "Senate approves three bills creating more legislative districts". CNN Philippines. March 9, 2021. Retrieved March 28, 2021.
  15. ^ "P120M readied for plebiscite on law dividing Maguindanao". INQUIRER.net. 2021-07-17. Archived from the original on 2021-07-16. Retrieved 2021-11-30.
  16. ^ De Leon, Dwight (June 23, 2022). "Why there will be a Maguindanao plebiscite on September 17". Rappler.com. Retrieved July 4, 2022.
  17. ^ Ramirez, Robertzon. "Comelec starts ballot printing for 4 plebiscites". Philstar.com. Retrieved 2022-08-05.
  18. ^ a b c "Comelec urges Maguindanao residents to vote with plebiscite preparations underway". Philstar.com. Retrieved 2022-08-23.
  19. ^ "Local officials call for ratification of law dividing Maguindanao". ndbcnews.com.ph. Retrieved 2022-09-20.
  20. ^ Solaiman, Taher (2022-09-05). "MILF political party urges supporters to back Maguindanao split". INQUIRER.net. Retrieved 2022-09-08.
  21. ^ "Group calls for postponement of Maguindanao plebiscite". RAPPLER. 2022-09-10. Retrieved 2022-09-20.
  22. ^ "Archdiocese of Cotabato urges voters to participate in plebiscite". globaldailymirror.com. Retrieved 2022-09-20.
  23. ^ a b c d e "Maguindanao plebiscite ends well; all poll precincts operational". Philippine News Agency. 2022-09-17. Retrieved 2022-09-17.
  24. ^ a b "Results of plebiscite on Maguindanao split out today". Manila Standard. 2022-09-18. Retrieved 2022-09-18.
  25. ^ a b c "Outcome of Maguindanao split plebiscite expected Sunday". Inquirer.net. 2022-09-18. Retrieved 2022-09-18.
  26. ^ a b c d "Majority vote for split of Maguindanao province: Comelec". ABS-CBN News. 2022-09-18. Retrieved 2022-09-18.
  27. ^ a b c d "Maguindanao plebiscite generally 'smooth, peaceful' – NAMFREL". CNN Philippines. 2022-09-17. Retrieved 2022-09-17.
  28. ^ a b c "Maguindanao Plebiscite Observation – Update #1". Journal Online. 2022-09-17. Retrieved 2022-09-17.
  29. ^ a b "Maguindanao Plebiscite Observation – Update #2". Journal Online. 2022-09-17. Retrieved 2022-09-18.
  30. ^ a b c "High turnout, no disruptions as Maguindanao votes to split province". Philstar.com. 2022-09-18. Retrieved 2022-09-18.
  31. ^ "'Yes' vote wins in Maguindanao plebiscite". Rappler. 2022-09-18. Retrieved 2022-09-18.
  32. ^ "Maguindanao mahahati sa 2 probinsya matapos ang plebisito". ABS-CBN News (in Tagalog). 2022-09-18. Retrieved 2022-09-18.
  33. ^ "Who will lead two Maguindanao provinces? Comelec to issue legal opinion soon". CNN Philippines. 2022-09-19.
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