MANILA, Philippines — The plebiscite for the ratification of the Bangsamoro Organic Law will proceed as scheduled on Jan. 21 as groups opposing the BOL failed to secure a restraining order from the Supreme Court.
SC spokesman and court administrator Midas Marquez said the high court yesterday deliberated on the petitions filed by the provincial government of Sulu, led by Gov. Abdusakur Tan II, and the Philippine Constitutional Association (Philconsa).
The SC has yet to rule on their petitions for a temporary restraining order (TRO) or writ of preliminary injunction.
“The Comelec has scheduled the plebiscite on the 21st. Since there is no TRO as of the moment, the plebiscite should proceed or can proceed,” Marquez said, referring to the Commission on Elections.
Marquez said the SC justices decided to first seek comment of the respondents on the Philconsa petition before ruling on the TRO plea as well as on merits of the case.
He said the respondents in the second petition –Executive Secretary Salvador Medialdea, senators and congressmen led by Senate President Vicente Sotto III and Speaker Gloria Macapagal Arroyo, respectively – were given a non-extendible period of 10 days from receipt of notice to submit their answer.
The same respondents have submitted their answers to the petition of the provincial government of Sulu through a comment filed by Solicitor General Jose Calida.
Both petitions raised the same arguments against the BOL.
In a 118-page comment submitted last week, Calida sought the dismissal of the petition filed by the provincial government of Sulu. He argued that the BOL does not violate Article X, Section 18 of the 1987 Constitution, which authorized only one Organic Act to establish the Autonomous Region in Muslim Mindanao (ARMM).
Calida refuted the claim of the petitioner that the BOL should have the approval of Sulu and other provinces under the ARMM, through majority voting as separate units. He said this is not required by the Constitution.
Calida argued that the law signed by President Duterte in July last year, which created the Bangsamoro Autonomous Region (BAR), did not exactly create a new autonomous region as described in the Constitution, but an amendment of the organic act and expansion of the territorial jurisdiction of ARMM.
“When Congress decides to expand the territory of the autonomous region, the requirement does not apply to the subsisting provinces, cities or geographical areas of the autonomous region, but only to those provinces, cities or geographical areas proposed by Congress to be added therein. A majority of the votes in all constituent units put together is sufficient for those provinces, cities or geographical areas already part of the autonomous region,” he said.
With this premise, Calida argued that the expansion of ARMM does not require an amendment of the Constitution since Congress only needed to amend or repeal the Organic Act on ARMM.
Invoking the powers of Congress to amend and repeal statutes, the solicitor general said the court has no power to review the BOL because the issues raised by the petitioners involved political questions.
Calida said the BOL complied with the requirement for the governmental setup of an autonomous region as provided under the Constitution.
Problem areas
Three areas – Cotabato City, Isabela City in Basilan and the province of Lanao del Norte – are expected to encounter major challenges during the conduct of the BOL plebiscite, authorities said yesterday.
The defense department and the military cited the rising tension between the leaders of the Moro Islamic Liberation Front (MILF), who are in favor of the BOL, and the city government of Cotabato.
Mayor Cynthia Gyani Sayade has accused the MILF of terrorizing and forcing residents to vote “yes” for the BOL.
For its part, the MILF accused Sayade of preventing people sympathetic to BOL from campaigning in the city to ensure that the “no vote” would win.
“Both sides are accusing each other of some illegal acts,” Defense Secretary Delfin Lorenzana said yesterday.
Lorenzana said this concern has been settled as leaders of both parties have talked and agreed to respect each others’ decision and to allow the people to cast their votes without fear, threat or intimidation.
Early reports said the MILF has been threatening to attack Cotabato City if the “no vote” wins in the city.
The plebiscite is also causing security concerns in Isabela as the city government is also opposing their inclusion in the BAR.
The same security problem is developing in Lanao del Norte as six of its towns have signified their intentions to join the BOL. The provincial government is opposing this.
Considering the current political landscape in the province, the military is taking this as a challenge for the plebiscite to be free, peaceful and orderly.
If the ‘yes’ votes win, the six towns will be part of the expanded ARRM. If the ‘no’ votes prevail, the six towns will remain under Lanao del Norte.
10,000 troopers to secure plebiscite
Around 10,000 military troopers have been deployed in areas considered as plebiscite “hotspots,” according to Armed Forces chief Lt. Gen. Benjamin Madrigal Jr.
The deployment of military troops was mandated by the Comelec to ensure an orderly conduct of the political exercises.
Meanwhile, the Philippine National Police (PNP) will also send a battalion of Special Action Force (SAF) commandos as augmentation forces.
PNP chief Director General Oscar Albayalde said a sendoff ceremony for the SAF contingent of about 400 to 500 officers and personnel would be held in Cotabato on Jan. 18.
Special forces from other regions like Luzon have been ordered to remain on standby in case a need to deploy more troops in Mindanao arises.
‘Give BOL a try’
Former presidential adviser on the peace process Jesus Dureza has urged Filipinos to give the BOL a try as he asked them to trust President Duterte on the matter.
Dureza said the BOL is a reality.
“Trust President Duterte. This is his baby. And he will not allow this to be a wasted legacy,” Dureza tod journalists yesterday.
Dureza said the fruit of the Moro struggle – which resulted in the loss of lives, human sufferings and agony – is now ripe for everyone to harvest. – Jaime Laude, Jose Rodel Clapano, Emmanuel Tupas,Roel Pareño, John Unson