Office of the Minority Leader
Rep. Edcel C. Lagman
19 December 2011
0916-6406737 / 0918-9120137
APPOINTMENT OF ARMM
GOVERNOR PREMATURE
The projected oath-taking of former Anak Mindanao party-list Congressman Mujiv Hataman as officer-in-charge (OIC) of the Autonomous Region in Muslim Mindanao (ARMM) is premature and precipitate because the decision of the Supreme Court on the constitutionality and validity of the President’s appointment of ARMM OICs is not final.
Several petitioners led by Minority Leader Edcel C. Lagman have filed separate motions for reconsideration in the consolidated petitions before the Supreme Court asking that the close 8 to 7 voting in favor of constitutionality be reversed.
Judicial courtesy demands that the Executive, like any other litigant, must await the finality of a Supreme Court decision and must not preempt the High Court’s final action.
The pending motions for reconsideration assail the legislative grant of authority to the President of appointing OICs on the following grounds:
(1) The representative and elective character of ARMM’s regional governor, vice governor and legislators, as expressly provided by the Constitution, excludes the medium of appointment for said positions;
(2) The grant of the prerogative to appoint ARMM regional officers to the President unduly expands the President’s power of supervision over ARMM to one of control in violation of the Constitution; and
(3) Presidential appointment of OICs derogates autonomy in ARMM as the OICs will be beholden to the appointing power and not to the sovereign people, and OICs serve at the pleasure of the President who could remove them anytime.