THE Supreme Court (SC), voting 8-7, on Tuesday affirmed the constitutionality of Republic Act (RA) 10153, which allows the synchronization of the Autonomous Region in Muslim Mindanao (ARMM) elections with the national and local elections in 2013 and authorizes the President to appoint its acting officers.

At a press briefing, Court Administrator and spokesman Jose Midas Marquez said the Court’s ruling effectively lifted the temporary restraining order (TRO) it earlier issued enjoining its implementation.

“The TRO is being lifted and, therefore, the President will be allowed to appoint OICs [officers in charge] upon finality of the decision,” Marquez said.

President Aquino on Tuesday thanked the High Court for upholding the constitutionality of RA 10153, saying this would help end the vicious cycle of patronage politics and command votes in the ARMM.

“We thank the Supreme Court for upholding our effort to break the cycle of impunity, corruption and poverty in the ARMM,” Mr. Aquino said in a statement read by Presidential Spokesman Edwin Lacierda in a news briefing.

He said the Court ruling “gives us a great opportunity to correct these long-standing problems” in the ARMM, referring to the “cycle of impunity” created by command voting; and also poverty.

“It is an opportunity that we will not squander,” the President said.

Mr. Aquino said with the decision, he is set to appoint officers in charge (OICs) for the elective positions in the ARMM to be vacated by incumbent officials on holdover capacity.

“The nation can rest assured that these OICs will be people of integrity and competence—who will spend their days in office pursuing genuine reform and development,” he said.  The Commission on Elections (Comelec) expressed relief with the Supreme Court ruling.

In an interview, Comelec Chairman Sixto Brillantes admitted that they were in favor of the synchronization of the regional elections.

Brillantes said it would give them more time to prepare and focus for the May 2013 midterm polls.

He also said it would not be practical for the poll body to push through with the ARMM election next year because it will cause trouble on its budget, especially since it has to conduct an automated ARMM polls.

While the magistrates were unanimous in upholding the power of Congress to synchronize the ARMM elections, they were divided on the issue of appointing OICs for ARMM posts.

Marquez said Associate Justices Arturo Brion, Lucas Bersamin, Diosdado Peralta, Martin Villarama Jr., Jose Mendoza, Mariano del Castillo, Bienvenido Reyes and Estela Perlas-Bernade, considered the majority, said the President could appoint OICs for all the posts in ARMM.

Associate Justices Antonio Carpio, Jose Perez and Ma. Lourdes Sereno held that RA 10153 is “partly constitutional and partly unconstitutional.”

Chief Justice Renato Corona and Associate Justices Presbitero Velasco Jr., Teresita Leonardo-de Castro and Roberto Abad, on the other hand, held that the President could not appoint an OIC in any ARMM posts.


Marquez explained that the four justices believed that the President might only appoint the OIC for the ARMM governor.

“The majority held that it is within the power of Congress to synchronize elections and also authorizes the President to appoint OICs,” Marquez said.

The Court’s ruling, in effect, junked the consolidated petitions filed by opposition lawmakers, led by House Minority Leader and Albay Rep. Edcel Lagman and Datu Michael Kida of the Maguindanao Federation of Autonomous Irrigators Association.

Basari Mapupuno seeks to declare unconstitutional RA 10153.

Solicitor General Joel Cadiz, on the other hand, defended the law, saying there is nothing illegal or unconstitutional in the postponement of the polls and the power of President Aquino to appoint OICs in ARMM.      

(With M. Gonzalez and S. Fabunan)