Court spokesman Jose Midas Marquez said the SC, during its regular en banc session on Tuesday, gave the respondents—Executive Secretary Paquito Ochoa Jr., and the Commission on Elections (Comelec)—a non-extendible period of 10 days to file their respective comments on the petition.

“The Court is aware of the urgency to resolve the petition that’s why it gave the respondents a nonextendible period of 10 days,” Marquez told reporters.

He said the Court may still resolve the motion for TRO after the respondents have submitted their respective comments.

Aside from Lagman, other petitioners seeking the nullification of RA 10153 are Partido Demokratiko Pilipino-Lakas ng Bayan (PDP-Laban) president Aquilino “Koko” Pimentel III and two Muslim leaders—Almarim Centi Tillah and Datu Casan Conding Cana.

In his petition, Lagman argued that RA 10153 should be declared unconstitutional as it violates the constitutional provisions ensuring the autonomy of ARMM and of the provisions of the ARMM Organic Acts, which prescribe the procedures on amendments of the Organic Act for the ARMM.

Under the Organic Act, a plebiscite is required before such a law could be passed.

He further insisted that under the Constitution, the President only has the power of general supervision and not control over ARMM officials.

Thus, RA 10153 is unconstitutional insofar as it gives the President the power to appoint officer in charge in ARMM, the petitioners said.

Pimentel and his copetitioners, on the other hand, argued that RA 10153 violates their rights of self-determination, of local autonomy to choose their regional leaders themselves, to vote, to run and participate in regularly scheduled elections pursuant to the State’s republican and democratic nature.

The new law, the petitioners added, has likewise nullified the right of the people in ARMM to take part in the government of the region through their freely elected representatives, and the right of equal access to public service in the region.

(Joel San Juan)