Palace, Comelec, Congress told: Answer ARMM petitions

MANILA, Philippines - The Supreme Court (SC) yesterday ordered the executive and legislative branches to answer petitions opposing the proposal to postpone the elections in the Autonomous Region in Muslim Mindanao (ARMM) set in August this year to 2013.

In a two-page resolution, the SC gave the Palace, Commission on Elections (Comelec), Senate President Juan Ponce Enrile and Speaker Feliciano Belmonte Jr. to submit their respective comments to the petitions of groups led by Datu Michael Kida of the Maguindanao Federation of Autonomous Irrigators Association and lawyer Alex Macalawi of the Integrated Bar of the Philippines-Marawi City.

The respondents were given a non-extendible period of 10 days to comply with the order issued by Chief Justice Renato Corona in behalf of the SC full court that is on decision-writing recess until the third week of this month.

In separate petitions filed last month, the two groups composed of barangay officials and concerned voters in the ARMM questioned before the SC the legality of House Bill 4146 and Senate Bill 2756, which both intend to synchronize the ARMM polls with the mid-term national elections in 2013.

Kida and Macalawi both sought the issuance of a temporary restraining order enjoining Congress from further proceeding with both bills, which they argued are unconstitutional as they violate Republic Act 9054 (the ARMM’s Organic Act) that sets regional elections on the second Monday of September this year.

In his group’s petition, Kida argued that the proposed postponement also “violates the principles of a democratic and republican state mandated by the Constitution, and the right of Muslims in the region to local autonomy.”

The proposed postponement “would deny the voters in ARMM their right to elect their officials for a period of two years, in violation of their right to equal protection of the law, which guarantees the right of all qualified citizens to participate in local government on an equal footing,” Kida’s group further argued.

Macalawi’s group, on the other hand, argued in its 35-page petition that HB 4146, if enacted to law, would be the eighth postponement of the ARMM polls within the region’s 21-year existence.

“And this time Congress should be enjoined from this corrupt customary practice of repeatedly postponing ARMM polls and to stick to the prescribed regular ARMM elections provided in RA 9054,” the group said.

But the two groups differed as to when the ARMM polls should exactly be held. The first one believes that the polls should be held on Sept. 12 pursuant to RA 9054, and the second group, on Aug. 8 as set in RA 9333.

The administration of President Aquino supports the proposed postponement of the ARMM polls, saying many local officials in the autonomous region support it.

Meanwhile, the Comelec has rescheduled the filing of certificates of candidacy (COCs) for the ARMM polls.

In Resolution No. 9211, the Comelec said candidates can file their COCs from May 14 to 18. The original schedule was May 9 to 13.

There are some two million registered voters in the ARMM provinces of Basilan (except for Isabela City), Maguindanao (except for Cotabato City), Sulu, Lanao del Sur, and Tawi-Tawi.

They will elect their regional governor and vice governor, and members of the regional legislative assembly.

“The COC shall be filed by the candidate personally or by his duly authorized representative. No COC shall be filed or accepted by mail, telegram or facsimile,” the Comelec said.

The poll body asked candidates not to use titles in their names when they file their COCs.

“Titles such as don, datu, doctor, ginoo or words of similar imports shall not be allowed,” it said. – With Sheila Crisostomo