SC affirms ARMM polls' postponement, appointment of OICs

MANILA, Philippines - The Supreme Court (SC) dismissed yesterday appeals on its October 2010 decision upholding the postponement of elections in the Autonomous Region in Muslim Mindanao (ARMM) originally set last August and affirming President Aquino’s power to appoint officers-in-charge (OICs) in the region under RA 10153.

Voting 8-6, the justices in full-court session dismissed the motion for reconsideration filed by veteran poll lawyer Romulo Macalintal, former Tawi-Tawi Gov. Almarim Centi Tillah, Datu Casan Conding and Partido Demokratiko Pilipino-Laban and other petitioners for lack of merit.

SC spokesman Midas Marquez revealed that Chief Justice Renato Corona inhibited from the voting since Senate President Juan Ponce Enrile, who sits as presiding officer in his impeachment trial, was one of the respondents in the case.

Corona earlier voted with the minority and opposed President Aquino’s appointment of OICs in ARMM.

Eight justices kept their vote for the legality of RA 10153: Associate Justices Arturo Brion, Lucas Bersamin, Diosdado Peralta, Martin Villarama Jr., Jose Mendoza, Mariano del Castillo, Bienvenido Reyes and Estela Perlas-Bernabe.

The majority held that it is within the power of Congress to synchronize elections and also authorize the President to appoint OICs.

They dismissed the argument of petitioners that RA 10153 violated Article X of the Constitution, which provides for autonomy of ARMM.

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

Three of them – Associate Justices Presbitero Velasco Jr., Teresita Leonardo-De Castro and Roberto Abad – held that the President cannot appoint an OIC in any ARMM post while the three others – 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.