DAVAO CITY  – The proposed Kutawato province, which is currently composed of newly created towns under the Special Geographic Area (SGA) in the Bangsamoro region, may not yet be possible as this does meet the requirements prescribed by Republic Act (RA) 7160 or the Local Government Code (LGC),  an independent think-tank report released on Dec. 5 said.

RESIDENTS  cross a hanging bridge that connects Barangay Simone in the municipality of Old Kabakan, Special Geographic Area to Carmen town in Cotabato province. (Keith Bacongco)

The Institute for Autonomy and Governance (IAG), which  has been monitoring the developments in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) since 2001, stated that the 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 is composed of 63 barangays that joined BARMM after the ratification of the Republic Act 11054 or  the Bangsamoro Organic Law. These barangays from six towns in Cotabato province were clustered into eight towns following a plebiscite last April 13.

Home to most of the Moro Islamic Liberation Front communities, the eight towns are Kadayangan (with seven barangays), Kapalawan (with seven), Ligawasan (with seven), Malidegao (with seven), Nabalawag (with seven), Old Kabakan (with seven), Pahamuddin (with 12), and Tugunan (with nine).

These eight towns are scattered in different parts of Cotabato. But some barangays in six of these towns are not contiguous to each other.

Thus, the IAG said  in its  10-page policy report titled Elevating SGA to a Province: Legal Challenges and Opportunities, that the SGA failed to meet the requirements of contiguity under the Local Government Code.

It added that total land area of the SGA is 552.314-square kilometers, significantly less than the required 2,000-square kilometers.

The  combined population of the eight municipalities is below the 250,000 inhabitants

To help resolve the requirement, IAG recommended the annexation of these towns to Maguindanao del Norte.

However, it suggested deferring this until after the 2025 Bangsamoro parliamentary elections since both annexation and the creation of a legislative district require an act of Congress.  

“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,” IAG said.

While the Bangsamoro government is still sorting out issues surrounding the SGA, IAG said that the eight SGA municipalities can continue to exist and elect their municipal officials in the 2025 elections.

“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,” IAG said.