ARMM polls not affected by SC ruling on Shariff Kabunsuan

MANILA, Philippines – Shariff Kabunsuan’s loss of its status as a province will not affect the Aug. 11 elections in the Autonomous Region in Muslim Mindanao (ARMM), Commission on Elections (Comelec) Chairman Jose Melo said yesterday.

The Supreme Court earlier voided the creation of Shariff Kabunsuan province by ARMM’s legislature or regional assembly.

In a 33-page decision, the SC said the ARMM Regional Assembly “cannot create a province without a legislative district because the Constitution mandates that every province shall have a legislative district.”

Melo said there would be no difference in the number of candidates that Shariff Kabunsuan voters would have to vote despite the SC ruling.

Shariff Kabunsuan used to be Maguindanao’s first district – comprising Barira, Matanog, Parang, Buldon, Datu Odin Sinsuat, Kabuntalan, Upi, Sultan Kudarat and Sultan Mastura – until Aug. 28, 2006 when ARMM’s Regional Legislative Assembly transformed it into the region’s sixth province.

As a province, voters would have to vote for an ARMM governor, vice governor and three assemblymen.

Melo told The STAR that with the SC decision, Shariff Kabunsuan reverts back to its district status but will have the same number of candidates during elections.

The SC decision brings back ARMM to five provinces ­– Lanao del Sur, Maguindanao, Sulu, Tawi-Tawi, Basilan – and one city, Marawi City.

Until now, the Comelec has not proclaimed who between rivals Datu Bimbo Sinsuat Jr. and Datu Tucao Mastura won as Shariff Kabunsuan governor in the May 2007 polls.

The two have pending electoral protests against each other.

Melo declined to comment on how the latest SC ruling will affect the electoral protest cases.

“It’s now with the Supreme Court so we don’t know what happens next. It’s beyond us now,” he added.

Dilangalen unfazed

Rep. Didagen Dilangalen said he remains congressman despite the SC ruling and may even run for reelection in the May 2010 elections.

“I’m still the congressman. I was elected by the people. I have a mandate to serve. I can still run, but under the first district of Maguindanao with Cotabato City,” he told The STAR in an interview.

Contrary to public perception, the veteran lawmaker – a former spokesman for deposed President Joseph Estrada and who is now an administration supporter – pointed out that it was he who opposed the creation of Shariff Kabunsuan in the first place.

“I was sustained by the SC. They should give me credit for that. It was I who have been saying from the very start that it is unconstitutional,” Dilangalen, a lawyer by training, disclosed.

He explained that the ARMM Regional Assembly cannot create a province without Congress’ approval. “Regional laws apply only within the area of autonomy,” Dilangalen pointed out.

Only Congress has the authority to create cities and provinces, he added.

Dilangalen also found reassurance in the statement of SC spokesman Midas Marquez, who emphasized that Dilangalen’s post was unaffected by the SC ruling.

Caught by surprise

Residents of Shariff Kabunsuan, meanwhile, were surprised with the SC decision while peace advocates are worried about its impact on the peace process.

Shariff Kabunsuan’s acting governor, Ibrahim Ibay, said the province was “caught in the crossfire” of the political rivalry between Dilangalen and Bai Sandra Sema, wife of Cotabato City Mayor Muslimin Sema.

“Na collateral damage lang ang Shariff Kabunsuan, which was created with the noblest intention – that of empowering the Iranons and the Teduray tribes in component towns,” Ibay, former member of the ARMM Assembly, said.

“Personally, I think the finality of the Supreme Court ruling declaring the creation of Shariff Kabunsuan as unconstitutional is still a long way yet. The problem is we are not a party to the case so we don’t have the personality to go to the Supreme Court to express our sentiments about it,” said lawyer Macmod Mending, Jr., provincial legal adviser.

In her certificate of candidacy when she ran in 2007 for what was then believed to be the lone congressional seat covering Cotabato City and Shariff Kabunsuan, Sema clearly stated she was aspiring for such position, which has jurisdiction over both areas.

Sources from the accounting office of Shariff Kabunsuan said the SC decision will displace some 700 employees, many of them related to members of both the Moro Islamic Liberation Front and the Moro National Liberation Front.   – With Delon Porcalla and John Unson