SENATORS are divided over a recent Supreme Court ruling upholding Malacañang’s decision to postpone the elections in the Autonomous Region in Muslim Mindano and appoint officers in charge to run the autonomous government until the 2013 synchronized elections.
Sen. Ralph Recto noted that the SC did the right thing in appreciating the imperative need to postpone the elections and “allow the Chief Executive to appoint reform-minded individuals.”
The High Tribunal, Recto observed, has finally locked arms with the Executive and the Legislative branches in sowing the first seeds of reforms in ARMM. “By upholding the constitutionality of the ARMM elections deferment, the Court’s magistrates have humbly corrected themselves.”
In a statement, Recto pointed out that after Malacañang and Congress openly agreed to “set forth sweeping changes to correct flawed and excessive governance,” the Supreme Court has done its part by completing the troika of democratic reformers.
But Sens. Francis Escudero and Ferdinand Marcos Jr. expressed misgivings over the SC ruling, voicing concern it reversed the principle of autonomy that should have allowed the people of ARMM to pick their leaders by democratic electoral process instead of imposing OICs handpicked by officials in Manila.
“It is a divided court, [with an 8-7 vote], isa lang bumaligtad magbabaligtad din iyong majority or minority sa Court,” Escudero said. “Ginagalang ko ang desisyon ng Korte bilang abogado; hindi man ako sang-ayon doon dapat galangin, respetuhin at tanggapin. At dahil na lift na iyong temporary restraining order, maari ng mag- appoint ang Pangulo ng OIC para sa ARMM bagaman pending pa ang anumang motion for reconsideration ng anumang grupo.”
He added, however, that “it would be more prudent for Malacañang [to wait], but legally there is no legal hindrance or obstacle on the President acting accordingly this early in the day especially given the fact that as I understand the temporary restraining order has been lifted already.”
Marcos, for his part, admitted he was shocked by the ruling. “Nagulat din ako sa balita. Mahirap makamit ang kapayapaan sa Mindanao kung ang Malacañang ang laging magdidikta sa kanila at ayaw silang bigyan ng boses. Malaking pagbigo ito sa ating mga kapatid na Muslim,” Marcos said.
‘Close shave’
SEN. Francis Pangilinan agreed that the 8-7 ruling was “a close shave” but added that senators supporting Malacañang’s decision to postpone the ARMM elections are “thankful that we can still draw some support from the Supreme Court for the reform efforts of the President.”
“We do hope, however, that there won’t be any last-minute flip-flopping by the SC on the issue. Given recent developments and the close vote, one cannot help but be wary of the final outcome. Still it is a welcome development for the cause of real reform in ARMM,” he added.
For his part, Sen. Frank Drilon said he was glad that the Supreme Court has finally ruled on the validity of Republic Act 10153 postponing the ARMM election.
“I believe that this ruling supported our argument that holding a synchronized election is in line with the Constitution,” Drilon, principal author of Senate Bill 2756 that sought the deferment of the ARMM elections, said.
In a statement, he explained that the Malacañang-backed move to defer the ARMM polls for the purpose of synchronizing that election with the national and local elections is “actually in harmony with the intention of the Constitution to hold synchronized elections.”
He added that as far as the issue on appointment of officers in charge in the region is concerned, “We believe that there is a greater chance of instituting reforms with the appointment of officials, rather than having the elections now.”
ARMM elections were originally scheduled on August 8, but under RA 10153 signed by President Aquino in June, ARMM elections would be synchronized with the 2013 national polls.
‘Partial’ motion for reconsideration
ELECTION lawyer Romulo Macalintal said that he will file a motion for reconsideration but only on the issue of officer in charge appointment.
“I will file a partial motion for reconsideration, which means I will limit it only to the issue of appointment of OICs,” Macalintal told the reporters.
He said appointing OICs will set a bad precedent as it may open the possibility that all future elections that will be postponed would be subjected to OIC appointments.
“The 8-7 decision on the appointment of OICs, if affirmed, will be a bad, if not dangerous, precedent because in the event the barangay elections are postponed, then officials of 42,000 barangays or close to 280,000 positions [seven positions for every barangay] have to be appointed as OICs. OICs also defeat the representative character of ARMM officials as provided under the Constitution,” he added.
Macalintal cited that in previous instances, when Congress decided to postpone barangay elections, the incumbent barangay officials were allowed to continue their functions in a holdover capacity.
Barangay elections were postponed four times since 1982.
“There is no reason why the same principle and policy could not be applied to ARMM officials in case the scheduled elections were postponed,” Macalintal pointed out.
Macalintal is one of the petitioners who asked the SC to declare unconstitutional Republic Act 10153 that synchronizes the ARMM elections with the natioal elections in 2013.
However, he said that with the decision of the SC, he will “yield to the unanimous verdict” giving authority to Congress to postpone the ARMM polls but will still oppose the idea of appointing OICs in the region.
“What is legal should now yield to what is practical under the circumstances as the Comelec would be pressed for time if ARMM elections were conducted, which may affect preparations for the 2013 elections,” he explained.
(With S. Fabunan)
