Shariff Kabunsuan

For the person after which the former province was named, see Sharif Kabungsuwan.

Shariff Kabunsuan
Province of the Philippines
2006–2008
Seal
Location of the Short-lived Province of Shariff Kabunsuan.
Capital	Datu Odin Sinsuat
Area
• Coordinates	07°01′N124°19′E / 7.017°N 124.317°E / 7.017; 124.317
• 2007	4,028.57 km2 (1,555.44 sq mi)
Population
• 2007	562,886
Government
Governor
• June 30, 2007 – July 17, 2008	Datu Tucao O. Mastura (de facto)
• Oct 8, 2007 – July 17, 2008	Ibrahim P. Ibay (acting)
Officers-in-Charge
• Nov 16, 2006 – May 14, 2007	Bimbo Q. Sinsuat
• May 14, 2007 – October 8, 2007	Noraya S. Pasandalan
History
• Established	28 October 2006
• Disestablished	17 July 2008
Preceded by Succeeded by Maguindanao Maguindanao
Today part of	Maguindanao del Norte

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 comprising 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

Main article: Shariff Kabunsuan creation plebiscite, 2006

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 October 28, 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 in 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.

At the time of its creation, Shariff Kabunsuan was the Philippines' 80th province and the sixth in the Autonomous Region in Muslim Mindanao. 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 December 30, 2006.

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 July 17, 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]}

The province would eventually be recreated in almost identical borders and with the same capital under the name Maguindanao del Norte, this time being created by Congress instead of a regional assembly.

Administrative divisions

Shariff Kabunsuan was composed of 11 municipalities distributed between two Sangguniang Panlalawigan districts:

Historical municipalities of Shariff Kabunsuan Municipality District No. of barangays Barira 1st 14 Buldon 1st 15 Datu Blah T. Sinsuat 2nd 12 Datu Odin Sinsuat (Dinaig) † 2nd 34 Kabuntalan (Tumbao) 2nd 17 Matanog 1st 8 Northern Kabuntalan 2nd 11 Parang 1st 24 Sultan Kudarat (Nuling) 1st 39 Sultan Mastura 1st 13 Upi 2nd 23  †  Provincial capital Italicized names are former names.

See also

• Sema v. COMELEC and Dilangalen
• Maguindanao del Norte creation plebiscite

References

1. Regional Legislative Assembly - Autonomous Region in Muslim Mindanao (September 7, 2006). "Muslim Mindanao Autonomy Act No. 201 - An Act Creating the Province of Shariff Kabunsuan, Providing Funds Therefor, and for Other Purposes" (PDF). Retrieved January 27, 2016.
2. "Did you know that… Maguindanao is the Seat Of Muslim Mindanao". Philippine Statistics Authority. November 9, 2006. Retrieved August 9, 2016.
3. "Did you know that… ARMM now has Six Provinces". Philippine Statistics Authority. March 26, 2007. Retrieved August 9, 2016.
4. "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. October 10, 2006. Retrieved August 9, 2006.
5. "Voters approve new Mindanao province". Philippine Information Agency. November 1, 2006. Retrieved August 9, 2006.
6. Unson, John (October 29, 2006). "Maguindanao split decided in plebiscite". The Philippine Star. Retrieved January 28, 2016.
7. Regional Legislative Assembly - Autonomous Region in Muslim Mindanao (November 22, 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 January 27, 2016.
8. Llanto, Jesus F. (July 16, 2008). "Supreme Court voids creation of Shariff Kabunsuan". ABS-CBN News. Archived from the original on January 27, 2016. Retrieved January 27, 2016.
9. Unson, John (January 11, 2009). "Shariff Kabunsuan province abolished". The Philippine Star . Retrieved January 27, 2016.
10. Fernandez, Edwin O. (January 11, 2009). "SC rules Shariff Kabunsuan is no more". Philippine Daily Inquirer (Inquirer Mindanao). Archived from the original on July 16, 2011. Retrieved January 28, 2016.

External links

• Official Website of the Province of Shariff Kabunsuan (defunct)