Republic of the Philippines SUPREME COURT City of Manila En Banc THE PROVINCE OF SULU, duly represented by its Governor, ABDUSAKUR A. TAN II, Petitioner, G.R. No. For: Certiorari and Prohibition, with Urgent Prayer for Issuance -versus- of Temporary Restraining Order and/or Writ of Preliminary Injunction HONORABLE SALVADOR C. MEDIALDEA, in his capacity as Executive Secretary; HONORABLE EDUARDO M. ANO, in his capacity as Officer-In-Charge of the Department of Interior and Local Government; THE HONORABLE SENATE OF THE PHILIPPINES; THE HONORABLE HOUSE OF REPRESENTATIVES; THE HONORABLE COMMISSION ON ELECTIONS; HONORABLE JESUS G. DUREZA, in his capacity as Secretary of Office of the Presidential Adviser on the Peace Process; BANGSAMORO TRANSITION COMMISSION; and MORO ISLAMIC LIBERATION FRONT, Respondents,PETITION FOR CERTIORARI AND PROHIBITION (With Urgent Prayer for Issuance of Temporary Restraining Order and/or Writ of Preliminary Injunction) PETITIONER, by and through the under named law firm, and unto this Honorable Court, most respectfully alleges and states that: PREFATORY STATEMENT “When injustice becomes law, resistance becomes duty.” -—~ Thomas Jefferson While the peace-loving people of the Province of Sulu are one with the national government in its noble desire to achieve lasting peace in The Land of Promise, such admirable desire must, at all times, be compliant with the mandates of our Fundamental Law. This, in petitioner's humble view, the questioned law miserably failed to do. Hence, this petition for redress before this Most Honorable Court. NATURE OF THE PETITION This is a Petition for Certiorari and Prohibition, with urgent prayer for issuance of a Temporary Restraining Order and/or Writ of Preliminary Injunction, filed pursuant to Sections 1 and 2, Rule 65 of the Rules of Court ~ “Section 1. Petition for certiorari. — When any tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in excess its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered annulling or modifying theproceedings of such tribunal, board or officer, and granting such incidental reliefs as law and justice may require. The petition shall be accompanied by a certified true copy of the judgment, order or resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of non-forum shopping as provided in the third paragraph of section 3, Rule 46. (La) 20 Xxx Section 2 Petition for prohibition. — When the proceedings of any tribunal, corporation, board, officer or person, whether exercising judicial, quasi-judicial or ministerial functions, are without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered commanding the respondent to desist from further proceedings in the action or matter specified therein, or otherwise granting such incidental reliefs as law and justice may require. The petition shall likewise be accompanied by a certified true copy of the judgment, order or resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of non-forum shopping as provided in the third paragraph of section 3, Rule 46. (2a)” assailing the constitutionality of Republic Act (RA) No. 11054 entitled “An Act Providing for the Bangsamoro Autonomous Region in Muslim Mindanao, Repealing for the Purpose Republic Act No. 6734, entitled “An Act Providing for an Organic Act for the Autonomous Region in Muslim Mindanao,” as amended by Republic Act No. 9054, entitled, “An Act to Strengthen and Expand the Organic Act for the Autonomous Region in Muslim Mindanao,” otherwise known as the “Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao” (BOL or RA 11054)!, with prayer that the enforcement thereof and the plebiscite 2 A certified true copy of which is hereto attached as Annex “A” and made an integral part