SC asked to lift TRO on appointment of ARMM OICs

Groups of Autonomous Region in Muslim Mindanao (ARMM) residents went to the Supreme Court on Tuesday to protest the issuance of a temporary restraining order (TRO) that stopped President Benigno Aquino III from enforcing Republic Act No. 10153, the law that postponed the 2011 ARMM elections to 2013. The SC's order also blocked the chief executive from appointing officers-in-charge (OICs) for the positions of regional governor, vice governor, and members of the legislative assembly. The terms of the incumbent officials in the region will lapse on September 30. In a nine-page motion, members of the Bangsamoro Solidarity Movement (BANGSA) and the Minority Rights Forum Philippines (MRF Philippines) said the high court's TRO should be lifted immediately before September 30. They argued that having the incumbent ARMM officials retain their positions in holdover capacity goes against the 1987 Constitution, which limits to three years the terms of ARMM officials. Section 8, Article X of the Charter provides that: "The term of office of elective local officials, except barangay officials, which shall be determined by law, shall be three years and no such official shall serve for more than three consecutive terms." The groups then said: "In the case at bar, there are incumbents in [the] ARMM who are already on their third term. Since the TRO permitted the holdover capacity, the incumbents who already served three terms or nine years by 30 September 2011 were allowed to exceed that constitutional proscription. As such, liftng the TRO is justified." "There is constitutional basis to lift and set aside the TRO," they added. The groups also argued that there is no basis to issue a TRO because the incumbent ARMM officials are not direct parties to the case pending before the high court. "As such, there is failure to establish on the part of the petitioners to show that there exist injury committed against incumbents," the groups added. Last week, Supreme Court justices voted 8-4 in issuing a TRO that would stop the Executive branch from enforcing RA 10153 and from appointing OICs in the region. "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 September 30," explained SC spokesman and Court Administrator Jose Midas Marquez. Protest rally About 150 members of the two groups picketed in front of the SC office to denounce the order as "anti-Moro." The groups said that issuing a TRO prevented President Aquino from implementing his reform agenda in the region. The groups then burnt effigies of the eight magistrates who voted to issue the TRO. The eight are hief Justice Renato Corona, Justices Presbitero Velasco Jr., Arturo Brion, Teresita Leonardo-de Castro, Roberto Abad, Jose Perez, Jose Mendoza, and Martin Villarama. — RSJ, GMA News