SC asked to dismiss appeals on ARMM poll postponement

MANILA, Philippines - The Supreme Court (SC) was asked yesterday to dismiss the appeals on its decision last October upholding the postponement of elections in the Autonomous Region in Muslim Mindanao (ARMM) and affirming President Aquino’s power to appoint officers-in-charge (OICs) in the region under Republic Act 10153.

In a five-page very urgent motion filed Thursday, the Bangsamoro Solidarity Movement (BSM) said the argument raised in the motions for reconsideration filed by veteran poll lawyer Romulo Macalintal, former Tawi-Tawi governor Almarim Centi Tillah, Datu Casan Conding and Partido Demokratiko Pilipino-Laban, was “mere rehash of petitioners previous arguments already raised in the pleadings and during oral argument.”

The BSM, through lawyer Algamar Latiph, urged the high court to expedite its resolution of the appeals.

“We believe that this case at bar is so important to constituencies in the ARMM. Thus, we respectfully ask the Honorable Court to have this case urgently resolved in view of the urgency of the reform intended for the Autonomous Region in Muslim Mindanao,” the BSM said.

Group holds vigil

The All-Moro Alliance for Reforms (AMAR) held an overnight vigil outside the SC building and also made the same call to the justices.

“The SC already rendered a decision upholding constitutionality of RA 10153. But why does it allow delay in the process of reform in ARMM by delaying the resolution of these motions for reconsideration?” AMAR spokesman Darwin Rasul III said.

The group lamented that the needed reforms in the ARMM could not be put in place since RA 10153 has yet to be implemented pending finality of the SC ruling.

“While the issue on legality of RA 10153 hangs, the ills in ARMM continue to prevail because of this delay,” Rasul lamented.

SC spokesman Midas Marquez said the case has been in the agenda of the full-court session of the court in the last weeks, but it was called again because not all justices were ready to cast their votes.

Marquez said the last full court session of SC would be on Dec. 13. If the court still fails to rule on the appeals, the implementation of the new law – including appointment of OICs in the region – would have to be deferred until next year.

Eight justices had voted for the legality of RA 10153 upholding the power of the President to appoint OICs in the ARMM.

The majority held that it is within the power of Congress to synchronize elections and also authorize the President to appoint OICs.

The seven other magistrates, however, dissented and believed that while Congress may synchronize the ARMM polls with the 2013 midterm national elections, the President does not have the power to appoint OICs in all elective posts in the autonomous region.

Four of them – Chief Justice Renato Corona and Associate Justices Presbitero Velasco Jr., Teresita Leonardo-de Castro and Roberto Abad – held the President cannot appoint an OIC in any ARMM post while the three others – Senior Associate Justice Antonio Carpio and Associate Justices Jose Perez and Ma. Lourdes Sereno – said only the governor of the region, not the other posts, may be appointed in an OIC capacity.

Petitioners appealed the ruling and insisted that RA 10153 violated Article X of the Constitution, which provides for autonomy of ARMM.