Postponement of ARMM polls constitutional — SC

(Updated 5:36 p.m.) The Supreme Court on Tuesday ruled as constitutional the recently passed law postponing the elections in the Autonomous Region in Muslim Mindanao (ARMM) and synchronizing it with the midterm elections in 2013. "The majority believes it is within the power of Congress to postpone the elections and within the power of Congress to authorize the President to appoint officers in charge," said Supreme Court spokesman and court administrator Jose Midas Marquez at a briefing. The Supreme Court justices voted 8-7 in favor of Republic Act (RA) No. 10153, or the law deferring the ARMM polls to 2013. The ARMM elections were originally scheduled last August 8. RA 10153 gives President Benigno Aquino III the authority to appoint officers-in-charge (OICs), which, according to critics of the law, was beyond the President's constitutional power of supervision over the ARMM. OICs Marquez, however, clarified that President Aquino can appoint the OICs only when the ruling becomes final. "Upon the finality of this decision, the President may appoint OICs... As we all know all parties can still file a motion for reconsideration upon notice within 15 days," he said. House Minority Leader Edcel 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. It was Lagman who filed a 76-page petition asking the court to declare as "unconstitutional and invalid" the law postponing the ARMM polls. Those in the majority vote were Justices Arturo Brion, Lucas Bersamin, Diosdado Peralta, Martin Villarama, Jose Catral Mendoza, Mariano Del Castillo, Bienvenido Reyes and Estela Perla-Bernabe. Divided Marquez said the seven remaining justices were "divided," with Justices Antonio Carpio, Jose Perez and Ma. Lourdes Sereno believing the law is "partly constitutional and partly unconstitutional." "It is constitutional in the sense that RA 10153 can be synchronized but it is unconstitutional in the sense that only the OIC for the office of the governor may be appointed by the President," Marquez said. Meanwhile, Chief Justice Renato Corona and Justices Presbitero Velasco Jr, Teresita Leonardo-De castro, and Roberto Abad all think that appointing OICs is altogether unconstitutional. Palace, Comelec welcome ruling President Aquino, meanwhile, welcomed the Supreme Court decision, noting that his administration batted for the synchronization of 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." "We believe that if local political families must attend to their election at the same time that national elections are being conducted, they will be less able to utilize command votes in favor of political patrons to subvert the national will," the President said in a statement. President Aquino also said that he would appoint OICs "in consultation with stakeholders." "The nation can rest assured that these OICs will be people of integrity and competence—who will spend their days in office pursuing genuine reform and development," he said. President Aquino also noted that ARMM has been plagued by impunity, corruption and poverty, with poverty incidence among families there reaching 38.1 percent in 2009. "The Supreme Court decision gives us a great opportunity to correct these long-standing problems. It is an opportunity that we will not squander," he said. For its part, the Commission on Elections said the synchronization of the ARMM polls with the 2013 midterm elections will save about P2 billion. "The Comelec welcomes the decision of the Supreme Court on the constitutionality of RA 10153. It will also allow the Commission to sharpen its focus on the preparations for the automation of the upcoming midterm elections," said Comelec spokesperson James Jimenez. Close vote Sought for reaction, Lagman said he will not make a “thorough comment" on the ruling until he receives a copy of the decision. “That was a close vote. A motion for reconsideration is warranted," he said in a text message. Interior and Local Government Secretary Jesse Robredo, who chairs the committee choosing the ARMM OICs, for his part lauded the ruling, saying it opens up the chance for reform in the region. “The ultimate winner will be the people of ARMM who will benefit from reform initiatives to be implemented very soon in the region," he said. Meanwhile, Marquez said the majority opinion is being drafted by Brion. He said copies of the resolution might become available by Wednesday. — with Andreo C. Calonzo and Kimberly Jane Tan/KBK/RSJ, GMA News