SC upholds P-Noy power to appoint ARMM OICs

MANILA, Philippines - The Supreme Court (SC) yesterday affirmed the power of Congress to allow President Aquino to appoint officers-in-charge in the Autonomous Region in Muslim Mindanao (ARMM).

In a vote of 8-7, the court also ruled Republic Act 10153 was constitutional, which allowed the elections in the region to be synchronized with the May 2013 midterm national elections.

The SC dismissed the consolidated petitions of Albay Rep. Edcel Lagman, Datu Michael Kida of the Maguindanao Federation of Autonomous Irrigators Association and Basari Mapupuno, veteran election lawyer Romulo Macalintal and former senator Aquilino Pimentel Jr. questioning the constitutionality of RA 10153.

The SC also lifted the temporary restraining order (TRO) issued last Sept. 13 on the implementation of the new law and the appointment of OICs in the region by Malacañang.

“The majority held that it is within the power of Congress to synchronize elections and also authorize the President to appoint OICs,” SC spokesman Midas Marquez told a news briefing.

The eight justices who voted for the legality of RA 10153 were Associate Justices Arturo Brion, Lucas Bersamin, Diosdado Peralta, Martin Villarama Jr., Jose Mendoza, Mariano del Castillo, Bienvenido Reyes and Estela Perlas-Bernabe, the last two new appointees of Aquino to the high court.

Seven other magistrates dissented and believed that while Congress may synchronize the ARMM polls with the 2013 midterm national elections, the President does not have the power to appoint OICs in all elective posts in the autonomous region.

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

Three other magistrates – Senior Associate Justice Antonio Carpio and Associate Justices Jose Perez and Ma. Lourdes Sereno – said only the governor of the region, not the other posts, may be appointed in an OIC capacity.

“The court was really divided on this case. There were three different opinions,” Marquez revealed.

Marquez also clarified Malacañang may only appoint the OICs upon finality of the ruling, as stressed in the decision penned by Justice Brion.

He explained that petitioners are still allowed to file an appeal.

Malacañang said the SC ruling affirmed its position to appoint OICs to implement reforms in the ARMM.

“That’s what we have been telling all along, that synchronization is the constitutional way and that postponement of the ARMM elections is an important component of synchronization,” Presidential Adviser for Political Affairs Ronald Llamas said.

Llamas said the appointment of OICs in the context of postponement of the ARMM elections is legal and constitutional, and within the residual powers of the President.

“And that postponement of the ARMM elections to synchronize elections and appoint credible officials is not only legal but moral, in behalf of reforms which the people of ARMM rightfully deserves,” he said.

Aquino hailed the SC decision and thanked the SC for upholding the government’s effort to break the cycle of impunity, corruption and poverty in the ARMM.

“Along with synchronized elections, we are undertaking measures to ensure the long-term stability and equitable progress of the region – among them the P8.592 billion that our administration is providing for the ARMM transition and investment support plan,” Aquino said in a statement.

“We will appoint OICs in consultation with stakeholders; 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 added.

Aquino said he had been supportive of the proposal to synchronize the ARMM elections with the national elections.

Aquino stressed the ARMM has long been plagued with not only impunity, but also poverty, with poverty incidence among families in the ARMM reaching 38.1 percent in 2009.

“The Supreme Court decision gives us a great opportunity to correct these long-standing problems. It is an opportunity that we will not squander,” Aquino said.

Presidential spokesman Edwin Lacierda said the list of OICs is already being drawn up.

A screening committee led by Interior Secretary Jesse Robredo has submitted to President Aquino a shortlist of OIC nominees.

Among the nominees for OIC governor is former Rep. Mujiv Hataman of the party-list group Anak Mindanao, a colleague of Aquino in the House minority bloc when the President was a Tarlac congressman.

Robredo hailed the SC ruling and said the decision “will allow us time to implement important development projects, undertake internal institutional reforms and demonstrate that good governance is possible in ARMM.”

‘Unfortunate’

Lacierda said the ruling would show the SC and Malacañang are “partners in progress.”

Lacierda made the comment when asked if relations between the judiciary and the executive would be better after the decision.

Malacañang had also earlier agreed to respect the fiscal autonomy of the SC by releasing the more than P2 billion for unfilled positions in the judiciary.

The SC decision came amid looming conflict between the two branches over the judiciary’s proposed P15-billion budget for next year, P2 billion of which was earlier transferred by the Department of Budget and Management to the new item in the national budget called the miscellaneous personnel benefits fund (MPBF).

“The decision has nothing to do with the issue on our budget or on the ‘word war’ with the Palace. This is a decision the justices have thought of and deliberated upon,” Marquez said.

Marquez also stressed that there was nothing wrong with the participation in the voting of the two new justices appointed only recently, even if they did not attend the oral arguments on the case last August.

“Even if they (Justices Reyes and Perlas-Bernabe) were not yet here during oral arguments, they can participate in the voting provided that they participated in subsequent deliberations. They also had ample time to study this case,” he explained.

The decision and opinions on the case were not yet released yesterday as they have yet to be signed by the justices.

When sought for reaction, petitioners expressed disappointment over the ruling.

“It is unfortunate that the SC majority failed to see the irrationality in the cancellation of ARMM elections… I hope it does not provoke violence in the region,” Pimentel lamented.

Pimentel said he was surprised by the ruling and will file a motion for reconsideration.

“If the postponement is constitutional, it means that he (President Aquino) can appoint? We have to accept the ruling of the Supreme Court, after they rule on our motion for reconsideration. We all know the present Supreme Court can always change its mind,” Pimentel said.

Lagman, for his part, said he was “definitely disappointed” and would likely file a motion for reconsideration.

“The close voting means a motion for reconsideration is warranted,” Lagman pointed out.

Lagman and Pimentel led other petitioners in arguing that the mandate of elective officials should come from the people.

They said allowing the President to substitute this power of the electorate could set a dangerous scenario.

They stressed that even if the appointment would be just transitory, the law is strict in providing that “elective officials should be chosen by people.”

Petitioners further alleged the grounds for the appointment were “maliciously devised by the administration so they can appoint OICs in ARMM.”

Malacañang, through Solicitor General Joel Cadiz, defended RA 10153 during oral arguments last August and said there is nothing illegal or unconstitutional in the postponement of the polls and the power of the President to appoint OICs in ARMM.

Cadiz also stressed the Constitution does not prohibit appointment of OICs by the President – especially since the law was designed to avoid vacuum and hiatus in positions.

He also dispelled fear of petitioners that allowing Aquino to appoint ARMM officials on transitory provision would make him “an ascendant superior who can invalidate their decisions.”

Cadiz explained there would be no holdover OICs as espoused by Congress.

Relief

Commission on Elections (Comelec) Chairman Sixto Brillantes said the SC ruling would allow them more time to prepare for the conduct of the regional ARMM elections.

“We didn’t really want to rush things… If we do it next year, we might encounter problems because we should also be preparing for the 2013 (polls) by then,” Brillantes said.

Brillantes also expressed relief over the SC ruling upholding the synchronization of the ARMM elections with the 2013 midterm polls.

Brillantes noted that automating the ARMM polls would have required four to six months’ preparation so it may overlap with preparations for 2013.

Manual ARMM polls, on the other hand, would only need two months to prepare. 

“That is the fastest we can if we were told to hold elections immediately. But the problem is RA 9369 requires all elections to be automated,” he added.

Lawmakers led by Speaker Feliciano Belmonte Jr. hailed the SC decision.

“We are happy about it,” Belmonte said. “Now, P-Noy’s (Aquino’s) plan to reform ARMM can be carried out.”

Majority Leader Neptali Gonzales II said postponing the regional elections “is one of P-Noy’s defining moments in instituting reforms in our country.”

“The fact that he won in the Supreme Court, albeit by the slimmest of margins, gives a new ray of hope that he has finally hurdled the last stumbling block, perceived as the SC, to his reform agenda,” he said. – With Aurea Calica, Delon Porcalla, Paolo Romero, Sheila Crisostomo, Jess Diaz, Mike Frialde, Marvin Sy, John Unson