POSITION PAPER

On BTA Bill No. 267

(An Act Providing for the Creation of Parliamentary Districts in the
Bangsamoro Autonomous Region in Muslim Mindanao)

Prefatory Statement

This position paper is made to express opposition on the proposed

separation of Barangay Mother Tamontaka from Barangays Tamontaka
1, 2, 3, 4 and 5 in the districting of Cotabato City under BTA Bill No.
267.

To be clear, this representation recognizes the imperative of

determining parliamentary districts for the first regular election for the
Members of the Parliament as it is amongst the priorities of the
Bangsamoro Transition Authority (BTA) enshrined under Article XVI,
Section 4 (b) of the Bangsamoro Organic Law (RA 11054) during the
transition period.

However, the aforementioned provision stipulates that in the

determination of parliamentary districts, the same must be subjected to
the standards set forth under Section 10, Article 7 of the same law
which provides:

“Section 10. Redistricting for Parliamentary Membership. -

The Parliament shall have the power to reconstitute by law the
parliamentary districts apportioned among the provinces, cities,
municipalities, and geographical areas of the Bangsamoro
Autonomous Region to ensure equitable representation in
Parliament. The redistricting, merging, or creation of
parliamentary districts shall be based on the number of
inhabitants and additional provinces, cities, municipalities,
and geographical areas, which shall become part of the
Bangsamoro territorial jurisdiction.” (Emphasis supplied)

This proviso underscores the primary considerations in the

determination of districts: 1.) Population; and 2.) Geographical area.
These criteria were re-echoed under Section 3 of BTA Bill No. 267 which
provides:

“Section 3. Criteria in the Apportionment of Parliamentary

Districts. - Parliamentary districts shall be apportioned among
the provinces, cities, municipalities, and geographical areas of the
BARMM based on population and geographical area. Each
parliamentary district shall comprise, as far as practicable,
contiguous, compact, and adjacent territory, and shall have a
population of at least one hundred thousand (100,000).” (Emphasis
supplied)

The opposition at bar lies in the non-compliance of these requisites

and the unwarranted separation of Barangay Tamontaka Mother from
Barangays Tamontaka 1, 2, 3, 4, and 5.

Arguments

With a total population of 325,079, Cotabato City is set to have two

(2) parliamentary districts under the proposed BTA Bill 267.

Having 144,117 total population, the following Barangays shall

comprise the 1st District of Cotabato City: Poblacion, Poblacion I,
1
Poblacion II, Poblacion III, Poblacion IV, Poblacion VIII, Poblacion IX,
Rosary Heights II, Rosary Heights III, Rosary Heights IV, Rosary Heights
V, Rosary Heights VI, Rosary Heights VII, Rosary Heights VIII, Rosary
Heights IX, Tamontaka I, Tamontaka II, Tamontaka III, Tamontaka IV,
and Tamontaka V.1

Meanwhile, the 2nd District of Cotabato, having a total population

of 180, 962, shall be composed of the following Barangays: Poblacion V,
Poblacion VI, Poblacion VII, Bagua, Bagua I, Bagua II, Bagua III,
Kalanganan, Kalanganan I, Kalanganan II, Rosary Heights, Rosary
Heights I, Rosary Heights X, Rosary Heights XI, Rosary Heights XII,
Rosary Heights XIII, and Tamontaka.2

The disparity on population is glaring. Under the proposed

measure, the 2nd district will have 36,845 more residents than that of the
1st district. As striking as it sounds, this scheme cannot ensure an
equitable representation of the constituencies in the Parliament promised
by the Bangsamoro Organic Law.

To cure this defect, placing Barangay Mother Tamontaka -- which

is populated by at least 14,099 residents -- in the 1 st District of Cotabato
alongside Barangays Tamontaka I, II, III, IV and V would reduce the
population inequality in the composition of districts to 22,746.

Furthermore, prior to the signing of Ordinance No. 104 which

created the additional Barangays in Cotabato City, there was only one (1)
Tamontaka. It was this ordinance which paved way for the creation of
additional Barangays of Tamontaka I, II, III, IV, and V, carved out from
the original Barangay.

Section 8 of the abovesaid ordinance reads:

“Section 8. - The existing Barangay Tamontaka shall continue

to exist, retain its present name but with separate but diminished
area of jurisdiction xxx.”

The following section thereafter provided for the creation of the

additional five (5) new barangays.

There was only one Barangay Tamontaka. It later on gave birth

to five (5) new more Barangays which even retained the same name --
only that now, it was made distinct with the use of numbers.

Separating the Mother Barangay of Tamontaka from Barangays

Tamontaka 1, 2, 3, 4 and 5 in the districting of Cotabato City would
create a bizarre situation where the Mother Barangay is detached
from its components in the matter of districting. More interestingly,
the only mother unit detached from its components in the proposed
bill is Tamontaka. Mother Poblacion is joined by Poblacions I, II, III, IV,
VIII and Poblacion IX in the 1st District while Poblacions V, VI, and VII in
the 2nd; the Barangays in Rosary Heights were almost equally divided;
and the Barangays of Kalanganan and Bagua (including their
components) belong to the same district.

Barangay Tamontaka Mother shall be placed in the 1 st District. It

is more contiguous, compact and adjacent to the Barangays which
are placed in the 1st District of the proposed bill in question.
Alongside Tamontaka 1, 2, 3, 4 and 5, the waters of Tamontaka River
and Tarbeng Creek flows through their sides.

Ultimately, albeit its close proximity with Kalanganan II, Rosary

Heights X and XI in the proposed 2 nd District, Barangay Mother
Kalanganan is -- again -- closer to Barangays Tamontaka I, II, Rosary
2
Height XIII and IX, and Poblacion 8 under the 1 st proposed District.
Thus, it must fall within the latter.

THE REAL RECKONING POINT IS THE TAMONTAKA RIVER

Obviously the Government of the Day reckoned the inclusion of

Barangay Tamontaka Mother by the east and west division of Cotabato
City. However, we object to such point of reckoning on the following
grounds:

First, the eastern portion of Tamontaka is the traditional

concentration of the constituency of all Tamontaka Barangays including
Tamontaka Mother Barangay. It is the heart of the Tamontaka
Barangays. Where residents of all Tamontaka Barangays converge.
Perhaps, a clear example of this convergence is they all come to trade
and market at Tamontaka Mother Barangay. The western portion is
considered a new frontier and its population consists primarily of new
residents of Cotabato City who may or may not be registered voters of the
city.

Second, it may appear that Tamontaka Mother Barangay is

contiguous to Barangay Rosary Heigths 10 but it is not as Matampay
River separates the 2 Barangays.

Third and lastly, the Tamontaka Barangays especially Mother

Tamotaka have gotten their names from from one of the great rivers of
Maguindanao which has great historical significance, the Tamontaka
River. Thus, to reckon inclusion of Tamontaka thru the east-west
division of Cotabato City will result to detachment of the Tamontaka
Mother Barangay from the Tamontaka River.

Summary and Conclusion

The Bangsamoro Transition Authority has the mandate of

determining parliamentary districts for the first regular election for the
Members of the Parliament pursuant to the Bangsamoro Organic Law.
Nonetheless, in the exercise of this power, caution must be observed -- it
shall strictly follow the requirements set forth by law in the matter of
districting.

As previously discussed, the separation of Mother Barangay

Tamontaka from Barangays Tamontaka 1, 2, 3, 4, and 5 and its
inclusion in the proposed 2nd District, violate established principles in
the creation of districts: First, although it met the 100,000 population
requirement, the disparity in population between the two (2) districts
cannot ensure an equitable representation of the constituencies in the
Parliament as intently laid down in the Bangsamoro Organic Law;
Second, Barangay Tamontaka Mother is more contiguous, compact and
adjacent to the Barangays which are placed in the 1 st District of the
proposed bill. Hence, the population and proximity requirement were not
complied with. Finally, Tamontaka Mother Barangay’s inclusion any of
the districts cannot be based on the east-west division of Cotabato City
but it must based from where its identity is derived, the Tamontaka River
where it makes all the more justified not to be separated from the rest of
the Tamontaka barangays.

Thus, anent all these arguments we pray that it will help the
Bangsamoro Transition Authority in arriving at a sound judgment that
Barangay Tamontaka Mother be placed in the 1st District of Cotabato
City under the proposed bill.

3
4