MANILA, Philippines — Fifteen Bangsamoro leaders asked the Supreme Court to nullify certain provisions of the autonomous region’s electoral code and issue a temporary restraining order to stop the implementation of the legislation.
In their 64-page petition, the Bangsamoro leaders alleged the Bangsamoro Electoral Code was issued by the Bangsamoro Transition Authority and signed by Bangsamoro Autonomous Region in Muslim Mindanao Interim Chief Minister Ahod Balawag “with grave abuse of discretion amounting to lack or excess of jurisdiction.”
The petitioners said in a statement Sunday that the BEC encroaches upon the powers of the Supreme Court to promulgate rules and regulations concerning election cases filed within lower courts.
They added the provision defining and penalizing election offenses encroaches upon the powers of the Commission on Elections “since matters pertaining to election offenses are within the powers of the Comelec.”
The BEC was approved by the 64 members of the BTA and immediately signed by the chief minister on March 8. The law took effect on May 17.
'Unconstitutional'
They stressed the electoral code violates the 1987 Constitution and existing national laws.
“Articles VI and VII of the BEC are unconstitutional as they seek to govern activities related to local and national elections, in violation of the Bangsamoro Organic Law and the Constitution, when the BEC is supposed to govern only the election of members of the Bangsamoro Parliament,” they said.
The petitioners also challenged the provision that facilitates the grant and use of public funds for election campaigns and partisan political activities. They argued this violates Section 261 of the Omnibus Election Code, which strictly prohibits the release of public funds for election during the 45-day period prior to a regular election and 30 days before a special election.
The Bangsamoro leaders also said the Sections 9 and 12 of Article IV of the BEC are “inconsistent with the principles of republicanism enshrined in the Constitution and implemented in the BOL insofar as said provisions impose a four percent threshold before a political party representative may qualify for a seat in Parliament.”
Under the code, a regional political party must have at least 10,000 members who are residents and registered voters. Members should come from different areas, with the party having chapters in these localities within the Bangsamoro territory.
A Bangsamoro Electoral Office will also be established. The office—which will be under the direct control and supervision of the Comelec—will handle all electoral activities in the region.
The first election for parliament members is scheduled in 2025. — Gaea Katreena Cabico with report from BusinessWorld/Marifi S. Jara