ARMM polls' resetting, execs' holdover bucked

RESET POLLS?: An interesting question with serious legal, political and security implications has been raised on the holding or the postponing of the local elections in the Autonomous Region in Muslim Mindanao scheduled, by law, on the second Monday of August.

A bill is being pushed in Congress to postpone the ARMM elections, synchronize them with the midterm elections in May 2013 and have incumbent officials hold over till their successors are elected and qualified.

But there is a different thinking in Malacañang. President Noynoy Aquino is amenable to postponement, but wants sitting officials replaced at the end of their term in August by his appointees acting as officers-in-charge till their successors are elected in 2013.

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OBJECTIONS: Last week, Chairman Lualhati Antonino of Mindanao Development Authority and Interior and Local Government Secretary Jesse Robredo made their rounds of ARMM campaigning for postponement to address, they said, causes of rebellion and hopelessness there.

The term hopelessness has infuriated Rep. Pangalian Balindong, who said that “postponement is not the penultimate answer to address major reforms in ARMM.” He noted that “in a period of 21 years, there have been eight election postponements in ARMM to suit political exigencies but problems persist.”

Former Senator Aquilino “Nene” Pimentel of Cagayan de Oro texted: “I oppose deferment of ARMM polls. It sounds too much like a Marcosian ploy so their hacks can rule ARMM. Besides, it makes ARMM a playground of national politicians.”

Rep. Nur Jaafar of Tawi-Tawi said, “In resetting the ARMM elections, amendment of RA 9054 is required because a plebiscite must be conducted to make such amendment effective as stated in Article 17, Sec. 1-3, of the ARMM Organic Act.”

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WALKOUT: Rep. Tupay Loong of Sulu recalled their walkout Tuesday in the joint meeting of the Committees on Suffrage and Electoral Reform and on Muslim Affairs that left behind Liberal Party members who happened to be Christians and who had voted against the ARMM elections.

Tupay Loong said “the Christians in that meeting did not give the Muslims respect to chart their destiny and abide by their self-determination,” except for congressmen Marc Cagas, Rufus Rodriguez and Arnulfo Go who walked out with the Muslims.

Rep. Raden Sakaluran said, “As election in ARMM hangs, so is the image of our nation in the international community. In fact, a ‘state of emergency’ is still enforced in Maguindanao. Legitimate elections will pierce the veil of political uncertainty and regain the confidence of the watching world.”

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ILLEGAL ACT?: Supporters of the August elections asked: Who will compose the proposed caretaker government of ARMM? Who will set the criteria and appoint the OICs? Is that unilateral act legal?

They pointed out that the President cannot appoint a regional governor since this is not within the powers contemplated in his power of supervision over ARMM under Section 1, Article V, of RA 9054.

Article VII, Sec 11-12, of this law, they added, only provides for succession in cases of permanent vacancy in the regional governorship. There is no specific provision for appointing OICs since it was not the intention of the framers of the Organic Act to so empower the President.

Rep. Arnulfo Go said, “Setting up a caretaker government is obviously a political move that would only subject the Office of the President to a possible judicial controversy, which is the least that we can afford these days.”

Sulu Gov. Sakur Tan said that when the newly elected ARMM officials take over, the region can then decide if it wants to continue with autonomy or revert the composite provinces to their previous status as Sulu, Basilan, Tawi-Tawi, Lanao Sur and Maguindanao.

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ELECTION UPHEAVAL: Dissenters disputed a statement attributed to Malacañang that ARMM elections are decided by traditional warlords and politicians using “goons, guns and gold” to cling to power and that the ARMM poll results do not reflect the true will of the people.

If ARMM does not reflect the people’s will, Rep. Simeon Datumanong asked, “Why did P-Noy win even without the help of traditional politicians there?” He added that the ARMM, which is not perfect, must be made to work without compromising the people’s right of suffrage.

For the first time in 21 years, an opposition president (Noynoy Aquino) won in the region despite claims that it is a bailiwick of the Arroyo administration. He garnered 422,635 votes in the five ARMM provinces.

In Sulu, the youth through the Yellow Force and Tuloy Pnoy organized by Maria Montelibano, Mikee Cojuangco Jaworski, Rais and Jet Gonzales and Vladimir Nahudin caused an election upheaval and a peaceful rebellion through the ballot.

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COMELEC READY: Postponing the ARMM elections cannot be for lack of funds. Chairman Sixto Brillantes of the Commission on Elections said they have the P1.8 billion needed and the capability to hold computerized elections as scheduled.

It may happen that postponement might result from obstructionism and the sheer complexity of amending the law to synchronize the 2011 and the 2013 elections and allow incumbent regional officials to hold over for almost two years.

Postponement will require amending the Expanded ARMM Organic Act. This entails the passing of amendments by 2/3-vote of both chambers of Congress voting separately and then submitting the result to a plebiscite in the affected area.

Then there will surely be a challenge before the Supreme Court on the amendments’ constitutionality. The regional August elections could have lapsed by then.

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