SC halts ARMM OIC appointment

MANILA, Philippines - The Supreme Court (SC) has stopped Malacañang from implementing Republic Act 10153 or the law synchronizing the elections of the Autonomous Region in Muslim Mindanao (ARMM) with the 2013 midterm polls.

“It’s unfortunate, but we still have a recourse,” chief presidential legal counsel Eduardo de Mesa said yesterday, hinting of an appeal.

Voting 8-4, the high court issued a temporary restraining order (TRO) on RA 10153, which postponed the ARMM elections originally set last month and allowed appointing officers-in-charge.

The SC also ordered the Commission on Elections (Comelec) to allow incumbent ARMM officials to keep their posts on a holdover capacity should the court fail to resolve the consolidated petitions questioning the law by Sept. 30 when their terms expire.

SC spokesman Jose Midas Marquez said the TRO was issued “to prevent confusion” that may arise once the Palace appoints OICs in ARMM and the high court eventually nullifies the law.

He stressed that the court may not be able to come up with a decision on the case by the end of the month.

“There is great possibility that OICs will be appointed by Oct. 1, and later on – maybe a month or two – the court may decide on merit and there is a possibility that the decision might strike down that provision of allowing the appointment of OICs. That might result in bigger confusion and may even result to chaos if the court later on nullifies the appointment of the OICs,” Marquez explained.

Before issuing the TRO, the SC official said the high court had thorough deliberations on the consolidated petitions of House Minority Leader and Albay Rep. Edcel Lagman, Datu Michael Kida of the Maguindanao Federation of Autonomous Irrigators Association, Basari Mapupuno, election lawyer Romulo Macalintal and former Senate president Aquilino Pimentel Jr.

Marquez, however, clarified that the order does not prevent the Palace from proceeding with its selection process for OICs in ARMM.

Those who voted for the issuance of TRO were Chief Justice Renato Corona and Associate Justices Presbitero Velasco Jr. Teresita Leonardo-de Castro, Arturo Brion, Roberto Abad, Martin Villarama Jr., Jose Perez and Jose Mendoza.

Four magistrates cast dissenting votes – Senior Associate Justice Antonio Carpio and Associate Justices Lucas Bersamin, Diosdado Peralta, and

Ma. Lourdes Sereno.

Justice Mariano del Castillo and newly appointed Justice Bienvenido Reyes were on leave.

Petitioners in the case welcomed the SC order.

Macalintal lauded the high court for issuing a “timely action” on their motion seeking to restrain the appointment of OICs in ARMM.

“The screening of potential OICs should be stopped by the administration to avoid any notion of indirectly influencing the final outcome of these cases and to prevent any false hopes given to applicants to these OIC posts,” he added.

Macalintal urged Malacañang to stop the screening process for the selection of OICs for ARMM.

The election lawyer said with a case now pending before the SC, the Palace is apparently putting undue pressure on the High Tribunal with its ongoing screening of aspirants to become the OIC regional governor, regional vice governor and 24 members of the regional legislative assembly.

Pimentel, for his part, believes the TRO would give people of ARMM “hope that their aspirations may be achieved without violence.”

Solicitor General Joel Cadiz said there is nothing illegal or unconstitutional in the postponement of the polls and the power of President Aquino to appoint OICs in ARMM.

Meanwhile, Interior Secretary Jesse Robredo said the government will likely file a motion for reconsideration on the pre-selection of OICs in ARRM.

Robredo said they will defer the selection process while the appeal has yet to be filed.

“I am sure the administration will file a motion for reconsideration. Otherwise we will miss a rare opportunity for dramatic reforms (in the region),” he added.

The SC order was issued while the government screening committee started its consultations and dialogues with the people on the candidates for transition team.

The aspirants for governor are Mujiv Hataman of Basilan; Gov. Esmael Mangudadatu of Maguindanao; and Ali Sanchez, Lanto Makabangkit, Saidamen Pangarungan, Dimas Pundato and Norma Sharief, all of Lanao del Sur.

The OIC bets for vice-governor include incumbent ARMM OIC Gov. Anzaruddin Adiong of Lanao, Hatimil Hassan of Basilan, and Bobby Datimbang Mustapha “Eid” Kabalu and Bainon Karon, all of Maguindanao.

Robredo said the OIC candidates for ARMM will be ranked and separately endorsed to the House Speaker and Senate President, who will submit their respective recommendations for the approval of President Aquino by Sept. 20

Meanwhile, during a public forum in Cotabato City on how each aspirant intends to reform the regional bureaucracy if appointed by the President, most applicants spoke lengthily of their previous stints in government service and their visions on how to help push forward the southern peace process.

Hataman vowed to strengthen political relations among local government units and the ARMM government, and sought to get rid of ghost employees in the region.

Mangudadatu did not attend the forum.

Robredo, who was at the forum, brushed aside insinuations that the selection process for OIC-governor is only for show and that Aquino already has a “chosen one,” whose name he would announce soon. – With Cecille Suerte Felipe, Mayen Jaymalin, Delon Porcalla, John Unson