IAG Report: SGA Cannot Be a Province Under the Local Government Code
- Details
- IAG Philippines
The Institute for Autonomy and Governance (IAG) has released a report stating that the Special Geographic Area (SGA) does not currently meet the population, land area, and income criteria necessary to be constituted as a province under the Local Government Code.
The SGA comprises 63 barangays that joined the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) after ratifying Republic Act No. 11504 (BOL). These barangays, predominantly Moro and home to many MILF members, were previously part of North Cotabato.
Initially, the SGA was planned to be divided into four municipalities. However, due to political complexities, this plan was shelved, and the Development Coordinating Office (DCO) was established to oversee the SGA. Subsequently, the Bangsamoro Transition Authority (BTA) created the Office of the Special Geographic Area Development Authority (SGADA) to function as both a municipal and provincial government for the SGA.
The SGA's unique status has presented challenges, particularly in terms of electoral representation. In the 2022 elections, registered voters in the SGA were unable to vote for both municipal and provincial positions. To address this, eight bills were filed to create eight municipalities within the SGA, which were subsequently ratified by voters. However, the question of whether these municipalities can form a province remains.
The report details why the SGA fails to meet the criteria under the Local Government Code. The SGA does not meet the requirement of contiguity under the Local Government Code. The total land area of the SGA is 552.314 square kilometers, which is significantly less than the required 2,000 square kilometers. Additionally, the combined population of the eight municipalities is below the 250,000 inhabitants required. The income criterion is also unmet, as the average annual income of the proposed province has not been certified by the Bureau on Local Government Finance.
The report suggests annexation to Maguindanao del Norte as a viable option but recommends deferring this until after the 2025 BARMM elections. Since both annexation and the creation of a legislative district require an act of Congress, these actions should be undertaken after the 2025 National and Local Elections and the First Bangsamoro Parliamentary Elections. By then, the elected parliament will have the people’s mandate, and there will be sufficient time for wider dissemination of the proposal and more effective consultations. This timing ensures the decision-making process is inclusive and well-informed, addressing all stakeholder concerns.
In the meantime, the eight SGA municipalities can continue to exist and elect their municipal officials in 2025. The elections of their municipal officials can add legitimacy to their existence as a municipal corporation and the authority of their officials. The existence of a higher local government authority over them, such as a provincial government, is not absolutely necessary for their continued existence or for administration and supervision. Similar arrangements under the SGA can still be pursued in the interim while their annexation and the creation of a separate legislative district are being studied and processed. The MILG can exercise supervision over them until they are annexed to the Province of Maguindanao del Norte.