2022 Maguindanao division plebiscite

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 of 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]

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   No
Map of Maguindanao divided into two: Maguindanao del Norte and Maguindanao del Sur

The proposal was overwhelmingly accepted (99%) by the electorate and declared official on September 18, 2022, paving the way for the division of the province.[5]

Background

Shariff Kabunsuan
Further information: Shariff Kabunsuan and 2006 Shariff Kabunsuan creation plebiscite
Map of Shariff Kabunsuan

The traces of the proposed division go back to the formation of Shariff Kabunsuan. The province was established by Muslim Mindanao Autonomy Act No. 201 of the ARMM Regional Legislative Assembly.[6] 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,[7] citing that only Congress shall have the power to create legislative districts, and in turn, cities and provinces.[8]

Legislative history

In 2017, Maguindanao 1st district representative Bai Sandra Sema filed House Bill No. 5185, which seeks to divide Maguindanao into two: Maguindanao North and Maguindanao South.[9] Maguindanao North would have had the same composition as the former province of Shariff Kabunsuan, with Datu Odin Sinsuat as its designated capital. However, the bill did not get past the 17th Congress.

During the 18th Congress in August 2019, Maguindanao 2nd district representative Esmael Mangudadatu filed House Bill No. 3405 in order to create Maguindanao North. Its municipalities would have been composed of the former municipalities of Shariff Kabunsuan, along with Datu Anggal Midtimbang and Talitay (Sultan Sumagka). However, its designated capital was the municipality of Sultan Kudarat, which differed from the other bills filed.[10]

In September 2019, Maguindanao 1st district Datu Roonie Sinsuat Sr. filed House Bill No. 4840 in order to create Western Maguindanao. It would also have been composed of the former municipalities of Shariff Kabunsuan, along with the additional municipalities of Talitay (Sultan Sumagka) and South Upi.[11]

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

Meanwhile, Southern Maguindanao would be consisted of 24 municipalities:

Northern Maguindanao would resemble the original territory of Shariff Kabunsuan with the addition of Talitay (Sultan Sumagka). The final designated capital for Northern Maguindanao would be Datu Odin Sinsuat. The capital of Southern Maguindanao would be Buluan.[12] The bill was passed by the 18th Congress on February 27, 2020.[13][14] Senator Francis Tolentino co-sponsored the house bill in the Senate, citing the need for better delivery of government services within the province. Senator Migz Zubiri shared the same sentiment.[15] The bill was amended by the Senate on March 9, 2021, and the amendments were concurred in by the House of Representatives on March 22, 2021.

Republic Act No. 11550

On May 21, 2021, President Rodrigo Duterte signed Republic Act No. 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.[16] The enabling law mandated that 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.[17]

In August 2022, the commission started printing of ballots for this plebiscite and plebiscites in three other areas.[18] A total of 818,790 ballots will be printed.[19]

Question

The question is written in Filipino both in Latin letters and in Jawi or Arabic letters. Voters were opted to write in "yes" or "oo", or in Jawi as "وو" or "يِسْ" if they agree; or "no" or "hindi" or in Jawi as "هِنْدِ" or "نُ" if they oppose the proposal.:[19]
In Filipino written in Latin Letters:

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?

In Filipino written in Jawi Letters:

فُمَفَيَغْ كَبَا نَا حَتِءنْ ااَنْغْ فْرُبِنْسِيَ نَنْغْ مَغِيِنْدانَاوْ سا دَلَوَنْغْ (2) هِوَالَيْ نَا فْرُبِنْسِيَ نَا قِكِلَلَنِنْ بِلَنْغْ مَغِيِنْدانَاوْ دِل نُرْتِ اَتْ مَغِيِنْدانَاوْ دِل سُوُرْ اَلِنْسُنُدْ سَا بَتَاسْ رِفُبْلِكَ بِلاَنْغْ 11550؟

English Translation:

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?

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.[20]

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."[21]

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.[22]

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".[23]

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.[24][25]

COMELEC reported no election-related incidents citing statements from law enforcement authorities.[24][26] Poll watchdog National Citizens' Movement for Free Elections (NAMFREL), with other groups, described the plebiscite processes as smooth and peaceful;[27] cited generally quick voting process in polling sites and transparency in counting and canvassing of votes.[28][29][30]

While both NAMFREL and the 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.[27][28][29][30]

As expected, results were announced by COMELEC on September 18.[26][28][31] Majority of voters favored the division, according to the initial data.[32] 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.[27][31] Meanwhile, the plebiscite is said to be the most participated in terms of number of registered and actual voters.[27]

The voter turnout exceeded a prediction by COMELEC which was at least 60%.[24][26] Earlier, NAMFREL observed a low voter turnout especially in Upi and Buluan;[24][28] 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.[29][31] Observations from LENTE stated that voting influx peaked 30 minutes after the polling precincts opened, same duration later than expected.[24][25]

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.[5]

Are you in favor of 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
Talitay (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, 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 COMELEC will not 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 (DILG).[33]

    Leadership crises over the two provinces arose due to the complications of postponing the plebiscite. Former Maguindanao governor Mariam Mangudadatu unilaterally assumed the position of governor of Maguindanao del Sur, while her former vice governor, Ainee Sinsuat, assumed office as Maguindanao del Norte governor in October 2022.[34] The Bangsamoro regional government has refused to recognized the officials, taking note the "legal controversy" arising from postponing the plebiscite.[35]

    On January 9, 2023, a final ceremony for the old Maguindanao was held at the capitol grounds in Buluan, Maguindanao del Sur, marking as well the end of a 60-day transition period for the two new provincial governments. Separate official sessions and work later began.[36]

    In April 5, 2023, Bongbong Marcos named Mariam Mangudadatu as OIC governor of Maguindanao del Sur while naming Abdulraof Macacua as governor of Maguindanao del Norte instead of Sinsuat who was named vice governor. Sinsuat would vacate the position of vice governor in August 14, 2023, claiming to be the legitimate acting governor of the province.

    References
    1. Bordey, Hana (August 19, 2021). "Plebiscite on dividing Maguindanao into 2 provinces set for September 17". GMA News. Retrieved June 23, 2022.
    2. Araja, Rio; Ramos-Araneta, Macon (October 27, 2020). "Maguindanao bills set to split province". Manila Standard. Retrieved March 28, 2021.
    3. 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. Bagaoisan, Anjo (September 18, 2022). "Maguindanao mahahati sa 2 probinsya matapos ang plebisito". ABS-CBN News (in Tagalog). Retrieved September 18, 2022.
    6. "Muslim Mindanao Autonomy Act No. 201" (PDF). The LawPhil Project. Retrieved March 28, 2021.
    7. Linto, Jose (July 17, 2008). "Supreme Court voids creation of Shariff Kabunsuan". ABS-CBN News. Retrieved March 28, 2021.
    8. 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.
    9. 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.
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    12. "House Bill No. 6413" (PDF). congress.gov.ph. House of Representatives. Archived from the original (PDF) on April 13, 2021. Retrieved March 28, 2021.
    13. 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.
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    15. "Senate approves three bills creating more legislative districts". CNN Philippines. March 9, 2021. Retrieved March 28, 2021.
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    20. Fernandez, Edwin O. (August 16, 2022). "Local officials call for ratification of law dividing Maguindanao". Notre Dame Broadcasting Corporation. Retrieved September 20, 2022.
    21. Solaiman, Taher (September 5, 2022). "MILF political party urges supporters to back Maguindanao split". Philippine Daily Inquirer. Retrieved September 8, 2022.
    22. Rebollido, Rommel (September 10, 2022). "Group calls for postponement of Maguindanao plebiscite". Rappler. Retrieved September 20, 2022.
    23. Espino, Angelo (September 12, 2022). "Archdiocese of Cotabato urges voters to participate in plebiscite". Global Daily Mirror. Retrieved September 20, 2022.
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    30. "Maguindanao Plebiscite Observation – Update #2". Journal Online. September 17, 2022. Retrieved September 18, 2022.
    31. "High turnout, no disruptions as Maguindanao votes to split province". The Philippine Star. September 18, 2022. Retrieved September 18, 2022.
    32. de Leon, Dwight (September 18, 2022). "'Yes' vote wins in Maguindanao plebiscite". Rappler. Retrieved September 18, 2022.
    33. "Who will lead two Maguindanao provinces? Comelec to issue legal opinion soon". CNN Philippines. September 19, 2022.
    34. "Governors, vice govs of split Maguindanao provinces assume posts". ABS-CBN News. October 22, 2022. Retrieved October 23, 2022.
    35. Fernandez, Edwin (October 26, 2022). "BARMM says it won't recognize officials of new Maguindanao province". Philippine Daily Inquirer. Retrieved October 26, 2022.
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