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SC stops 2013 ARMM polls, appointment of OICs


Voting 8-4, the Supreme Court on Tuesday stopped the implementation of Republic Act No. 10153, or the law synchronizing the Autonomous Region in Muslim Mindanao (ARMM) elections with the May 2013 mid-term polls. At the same time, the SC ruling prevented President Benigno Aquino III from appointing 26 temporary ARMM officials, including the region's governor, vice governor, and 24 representatives of the Regional Legislative Assembly. But at a press briefing in Manila, court administrator and spokesman Midas Marquez clarified that the high court's ruling would not affect the regular national elections in 2013 and that the Commission on Elections could still carry on with its preparations for it. Marquez said the magistrates' actual intention in issuing its latest order was to prevent any appointment of temporary officials in ARMM. How they voted Those who voted for the issuance of a temporary restraining order (TRO) were Chief Justice Renato Corona, Justices Presbitero Velasco Jr., Arturo Brion, Teresita Leonardo-de Castro, Roberto Abad, Jose Perez, Jose Mendoza, and Martin Villarama. Those who wanted the ARMM polls to push through on 2013 were Justices Antonio Carpio, Diosdado Peralta, Lucas Bersamin and Maria Lourdes Sereno. Marquez said Justice Mariano del Castillo did not vote because he was on leave. Marquez said the TRO is expected to be issued on Wednesday, along with the four justices' dissenting opinion. Despite the TRO, Marquez said the government can still proceed with its screening process for the 300 applications for the 26 available ARMM OIC posts. Interior Secretary Jesse Robredo, who heads the screening process, has yet to respond to GMA News Online's questions regarding his take on the SC order. At Malacañang, Eduardo de Mesa, chief presidential legal counsel, described the SC decision as unfortunate but said options are still available to the government. "It is unfortunate. But we have options available to us, including MR (motion for reconsideration). We will have to live with it," De Mesa said in a chance interview. Pending petitions At the press briefing, Marquez said: "For the majority, it would be better that the TRO be issued now, at this time prior to the appointment of the OICs should the court not be able to decide these cases on the merits prior to Sept. 30." Marquez said incumbent ARMM officials will have to remain in their posts if the SC justices do not come up with a final ruling on the petitions against the poll deferment. The SC has consolidated the seven petitions assailing the law, which was signed by President Aquino last June 30. The direct petitioners and respondents in the consolidated cases are:

  • The group led by Datu Michael Abas Kida versus the Senate of the Philippines, et al.,
  • Basari D. Mapupunta versus Commission on Elections chair Sixto Brillantes, et al.,
  • House Minority Leader and Albay Rep. Edcel Lagman versus Executive Sec. Paquito Ochoa Jr., et al.,
  • Almarin Centi Tillah versus Comele, et al.,
  • Election lawyer Romulo Macalintal versus the Comelec, et al.,
  • Louis Biraogo versus Comelec, et al., and
  • Jacinto Paras versus Ochoa, et al. Usurpation Earlier, Paras asserted that appointing OICs in ARMM was a usurpation of the region's autonomy. "It is not in accordance with the mandate by people under autonomy to choose their own officials," Paras said. Supporters of poll postponement however told the court, "appointing is not contrary to the President's supervisory powers." Last week, Lagman said there is no need to appoint OICs because the incumbent ARMM governor, vice governor, and Legislative Assembly members can retain their positions in holdover capacity until the May 2013 elections, as provided by the Organic Act of ARMM or Republic Act No. 9054. — with Micaela Papa, Mark Merueñas, Amita Legaspi/RSJ/KBK, GMA News