MANILA, Philippines - The Supreme Court (SC) yesterday junked one of two petitions seeking to stop Congress from proceeding with the plan to postpone the elections in the Autonomous Region in Muslim Mindanao (ARMM) set this August and synchronize the exercise with the 2013 mid-term polls.
Majority of the SC justices resumed session after a six-week break and voted to dismiss the petition of lawyer Alex Macalawi of the Integrated Bar of the Philippines-Marawi City chapter, SC spokesman Midas Marquez said.
A minute resolution of the SC junked the petition for being premature, saying that Congress has yet to pass the law on the ARMM poll postponement.
The SC, however, did not dwell on Macalawi’s arguments that House Bill 4146 and Senate Bill 2756 violate the Constitution and Republic Act 9333 which amended RA 9054 or the Organic Act of ARMM.
Marquez said the SC has yet to rule on a similar petition filed by Datu Michael Kida of the Maguindanao Federation of Autonomous Irrigators Associations.
The SC justices did not vote on this petition yesterday since Chief Justice Renato Corona ordered the respondents to submit comments during the tribunal’s recess. Marquez it was also consolidated with another petition filed during their break.
At the Senate, the report on the bill postponing the ARMM polls issued by the local government committee chaired by Sen. Ferdinand Marcos Jr. has been sent to the archives for being adverse to the original bill filed for the purpose.
Senate Majority Leader Vicente Sotto III explained that Section 30 of Rule XI of the Senate Rules provides for the automatic transmittal to the archives of committee reports that are “unfavorable.”
With the archiving of the committee report, the same Senate rule also states that at least five senators may move to revive the original bill and subject it to plenary debates.
Consistent with his position against the postponement of the ARMM elections, Marcos filed a committee report adverse to HB 4146 and its counterpart SB 2756, which President Aquino both certified as urgent.
Marcos had no choice but to accept the decision because it was part of the Senate rules and all he could do was to deliver a privilege speech outlining his committee’s findings.
“That’s fine, that’s part of the rules. I believe that it’s not enough that we sit on it, not come to a decision but just let it lapse. What is important is we come to a decision and explain that decision to everyone, the executive, the members of the public, to our fellow senators, whether they agree with it is something else. And the reason that we did that is because it’s too important to just allow it to lapse,” Marcos said.
Malacañang, however, said the fight for the ARMM poll postponement is not yet over.
“The Senate has not acted on the bill with finality. Let’s wait for further developments,” presidential spokesman Edwin Lacierda said in a statement. – With Marvin Sy, Aurea Calica