SC declares ARMM law constitutional

MANILA, Philippines - The Supreme Court (SC) today declared as constitutional Republic Act 10153, which resets this year's elections in the Autonomous Region in Muslim Mindanao (ARMM) to 2013.

Voting 8-7 in an en banc session, justices upheld the power of Malacañang to appoint officers-in-charge in ARMM.

SC spokesman Midas Marquez, meanwhile, clarified that President Benigno Aquino III cannot immediately appoint ARMM OICs. He said that the petitioners have been given 15 days to answer the ruling.

In a press briefing in Malacañang, Presidential Spokesperson Edwin Lacierda the SC's decision upholding the constitutionality of the RA 10153 will "push forward our reform agenda in the ARMM."

Lacierda said that the executive branch is confident that the SC will dismiss the motion for reconsideration that will be filed by the petitioners.

"We respect the right of Congressman Lagman, but we hope that the Supreme Court will not be swayed... We hope the SC will maintain its present [position], even increase the vote for the constitutionality [of RA 10153]," he said.

Last month, the SC issued a temporary restraining order (TRO) on RA 10153, halting Malacañang's selection process for the appointment of OICs in the ARMM, who will act as region's leaders while the national government enforces reforms in the region's electoral system that is usually marred by cheating and violence.

The TRO was issued by the high court last September 13 in response to the consolidated petitions of House Minority Leader and Albay Rep. Edcel Lagman, Datu Michael Kida of the Maguindanao Federation of Autonomous Irrigators Association, poll lawyer Romulo Macalintal and former Senate president Aquilino Pimentel Jr. questioning the constitutionality of RA 10153.

Interior and Local Government Secretary Jesse Robredo announced early this month that the high-level committee screening candidates for the OIC posts in the ARMM have partially finalized the shortlist, which was to be submitted to President Benigno Aquino III for review.

Robredo said that three candidates each for the ARMM OIC governor and vice governor were included in the list. He added that nine names have been included for consideration as members of the Regional Legislative Assembly (RLA).

Under RA 10153, which synchronizes the ARMM elections with the 2013 mid-term national elections, the President must appoint a total of 26 ARMM OICs including the regional governor, regional vice-governor and 24 representatives of the RLA.

Robredo earlier said that a total of 551 applicants and nominees for the 26 posts were submitted to the committee.

Lacierda said during the press briefing that he has yet to determine if the partial shortlist or a shortlist has already been forwarded to President Aquino.

Meanwhile, the presidential spokesman said that the decision of the SC shows that the judiciary is "one in forwarding our reform agenda" of the executive branch for ARMM.

'Cycle of impunity'

In a statement, President Aquino said that the SC's decision upholds Malacañang's resolve to "break the cycle of impunity, corruption and poverty in the ARMM."

"The administration supported the bill to synchronize the ARMM elections with national elections in an effort to end the vicious cycle of abnormal elections where the mandate of the people is subverted by means of the command vote wielded by local political families," the President said.

He added that Malacañang believes that holding the ARMM elections simultaneously with the national elections will divert the political families' attention from mustering "command votes in favor of political patrons to subvert the national will."

"Command voting has contributed to the cycle of impunity, the results of which have been demonstrated in the region being bloodied by the reign of impunity, as witnessed by the Maguindanao Massacre," Aquino said.

Fifty-seven people, including members of the media and a political clan, were massacred in Maguindanao province in Nov. 23, 2009.

Members of the powerful Ampatuan political clan, including its patriarch Andal Ampatuan Sr., are now in jail for their alleged involvement in the gruesome killings.