Contact Details

Rm. N-411, House of Representatives, Quezon City, Metro Manila, Philippines
+63 2 931 5497, +63 2 931 5001 local 7370

Existing laws on ARMM authorizes the hold-over of incumbents

Press Release
Rep. Edcel C. Lagman
Tel No. 218-8619
Mobile No. 0916-6406741 / 0918-9120137
23 September 2011
 
 
          Despite the Supreme Court’s restraining the President from appointing Officers-in-Charge (OICs) in the Autonomous Region in Muslim Mindanao (ARMM), there will be no void or vacancies in the positions of ARMM governor, vice governor and members of the regional assembly whose terms of office expire on 30 September 2011.
 
          This was declared by Minority Leader and Albay Representative Edcel C. Lagman, the principal petitioner in the Supreme Court who is challenging the constitutionality of R.A. No. 10153 which cancelled the 08 August 2011 ARMM election and authorized the President to appoint OICs.
 
          Lagman said that existing laws on ARMM, particularly R.A. No. 9054 or the Expanded Organic Act of 2001, authorizes the hold-over of incumbents until their successors are duly elected and qualified.
 
Consequently, the implementation of the hold-over proviso in ARMM is valid, legal and constitutional according to Lagman.
 
Lagman clarified that what the Supreme Court prohibited in Osmena vs. COMELEC is the hold-over of elected officials whose terms of office are fixed by the Constitution like the President, Vice President, Senators, Representatives and local elective officials from governor to municipal councilor.
 
The Minority Leader underscored that the terms of office of ARMM regional officials are fixed by the Organic Act of 1989, and not by the Constitution because at the time the 1987 Constitution was ratified there was no ARMM yet and the ARMM was only later established by Congress pursuant to the mandate of the Constitution which gave the Congress the full authority to set up the basic structure of the ARMM government including the terms of office of its principal regional officials.
 
Moreover, the ARMM officials do not fall under the traditional concept of “local officials” since they are regional officials of higher status enjoying more autonomy, Lagman added.
 
Lagman also said that the President’s power to appoint is limited to appointive officials and does not extend to the filing up of elective positions like those of the regional officials of ARMM which under the Constitution should be “elective and representative of the constituent political units”, thus negating the appointment of OICs.