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House Minority Leader Edcel C. Lagman filed a petition before the SC seeking the nullification of R.A. No. 10153-Postponing the election in the ARMM

Press Statements
  • Rep. Edcel C. Lagman
  • Tel No. 4155455
  • Mobile No. 0918-9120137
  • 30 June 2011

 

           House Minority Leader Edcel C. Lagman on Thursday morning filed a petition before the Supreme Court seeking the nullification for being unconstitutional and invalid Republic Act No. 10153 postponing the 08 August 2011 election in the Autonomous Region in Muslim Mindanao (ARMM).

           The petition for certiorari and prohibition was interposed even before the ink had dried up on President Aquino’s signature finalizing the enactment of the assailed law at 10:00 AM on 30 June 2011 after the ceremonial signing was deliberately stalled for three weeks following the ARMM bill’s passage by Congress on 07 June 2011.

           Aside from postponing the ARMM election, R.A. No. 10153 authorizes the President to appoint officers-in-charge for the regional governor, vice-governor and members of the Regional Assembly pending synchronization of the ARMM election with the national and local elections in May 2013.

            Named respondents are Executive Secretary Paquito N. Ochoa, Jr., who is sought to be enjoined from enforcing the controverted measure, and the Commission on Elections (COMELEC) which is prayed to be mandated to resume preparations for the holding of the elections as scheduled this August in order not to moot the petition.

            Lagman asserted that all of the constitutional and statutory safeguards for autonomy in ARMM have been violated and derogated by R.A. 10153.

           The following fatal infirmities were cited in Lagman’s petition:

           1. Violation of the constitutional guaranty of elective and representative regional officials in ARMM with the deferment of elections for almost two years and the installation of OICs;

          2. Unconstitutional expansion of the President’s limited power of general supervision over ARMM officials to the more potent power of control which is inherent in the appointment and dismissal of OICs;

         3. Failure of the Senate to garner a 2/3 vote which is required by the Organic Act, as amended, to make valid the amendments introduced in R.A. No. 10153;

         4. Failure to provide for the holding of the mandatory plebiscite for the ratification of the amendments contained in R.A. 10153;

         5. Denial of the right of suffrage to ARMM voters for a long period in violation of the safeguard on periodic and popular elections; and

         6. Setting aside of the holdover of incumbents until their successors are elected and qualified as provided for in the Organic Act, as amended, in order to give way to OICs.

         Lagman also decried the stratagem of the Aquino administration in fast-tracking the legislation of the ARMM bill in the vastly subservient Congress and then delaying and temporizing the adjudication by an independent Supreme Court of petitions challenging the infirm Act to render them moot and academic.

         Lagman also said in the petition that the postponement of the ARMM election was based on partisan and contrived motives, and not for patriotic and judicious reasons.

         He added that synchronization of elections and introduction of reforms can be pursued without cancelling the ARMM polls because they are not inconsistent with the holding of the previously scheduled August election, and the need for and efficacy of reforms can be enhanced by a fresh mandate obtained by newly elected officials.

         Lagman is represented by lawyers Johween O. Atienza and Tristan Frederick L. Tresvalles.