NAMFREL

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Bill postponing ARMM election approved by House;

March 28, 2011
from NAMFREL Election Monitor Vol.2, No.5

Just before it went into recess this week, the House of Representatives on March 22 approved on third reading House Bill no. 4146, postponing the election in the Autonomous Region in Muslim Mindanao (ARMM) scheduled for August of this year, to synchronize it with the 2013 national and local elections. With 191 votes against 47 and 2 abstentions, the House also voted to authorize President Aquino to appoint caretakers in elective positions for the ARMM until May 2013. The bill was already transmitted to the Senate on Wednesday; however, the earliest possible date that the Senate could deliberate on the proposed postponement will be on May 9 when it resumes its session, which is also a week after the May 2 deadline for filing of certificates of candidacy for the ARMM elections. The President has already said that he need not call for a special session for this priority bill before May 9.	.
However, in spite of the President's confidence that the Senate will also approve of the postponement, it is expected that the bill will face opposition from the Senators. Several senators have already voiced out through the media their disapproval of the ARMM election postponement, especially during the lead up to the House voting. Sharing the sentiments of civil society organizations opposed to the postponement, some senators contend that the idea of the national government appointing a caretaker government in the ARMM runs counter to the idea of autonomy. Senator Miriam Defensor-Santiago questions the constitutionality of the proposal. “If we are going to empower the executive branch of government to appoint so-called officers-incharge starting this year to 2013 in the next elections then, in effect, Mindanao is not autonomous to the national government," she said. Senators Santiago and Francis Escudero also share the view that any amendment resetting the ARMM election can only be made effective and valid through a plebiscite duly called for that purpose. "It is my opinion that the bill postponing the ARMM election, including appointing OICs, is an amendment of the ARMM Organic Law, which requires two-thirds vote of Congress, with both chambers voting separately," Escudero said in an interview. In another interview, Senator Joker Arroyo said, “My position is very simple. The Autonomous Region in Muslim Mindanao is autonomous. Why is the national government interfering with its affairs?...When will we ever let them alone? To judge and decide for themselves? Again they will use the guise of synchronized elections so that they can appoint an OIC. OIC would not be the choice of the ARMM people." Senator Miguel Zubiri, in a privilege speech, went even further to say that the postponement not only means "the temporary suspension of the people's right to suffrage but... the suspension of the democratic process of which people have the right to choose their leaders who then decide the fate of 4.5 million people." With regard the synchronization of polls, the author of the ARMM Organic Act, former Senator Aquilino Pimentel, Jr., said in a forum, “The ARMM law was created to have their own elections, independent to the regular national elections." He maintained that any deferment of the August 8 election would constitute an amendment of the ARMM charter, which would need approval in a referendum to be legal. Sen. Bongbong Marcos said there are many issues involved in the proposed postponement, including the legality of appointing officers in charge. Marcos, who heads the Senate Committee on Local Governments, also said that his committee would need to hold a series of consultations in the ARMM to know the sentiments of the people. Senate Majority Leader Vicente Sotto III said they have very limited time to act on the measure, with the Senate expected to prioritize the impeachment of the Ombudsman when it resumes session. On the same day the approved House bill was transmitted to the Senate, Sen. Franklin Drilon filed before Sen. Marcos' committee Senate Bill 2756, calling for the deferment of elections in the region’s five provinces, and giving President Aquino the power to appoint officers-in-charge until new officials are elected in 2013. Drilon said postponing the ARMM elections will make the government save up to P1.8 billion, which he said can be used “for urgent social services and physical infrastructures needed in the region." “It is opportune time for the new administration to be more prudent and discerning in its current expenditures…The synchronization will allow for government to reduce its expenditures on the frequent conduct of various elections," the measure read. Meanwhile, Comelec chairman Sixto Brillantes urged the Senate to expedite the holding of deliberations on the postponement so that the Comelec will be guided whether to go full blast in preparing for the ARMM elections in August, although he said the Comelec is operating as if the election will take place as scheduled. However, as the days and weeks pass, the Comelec would need to spend more money on its preparations and resources may go to waste if the elections are postponed. Brillantes clarified that they have not spent for anything major for the ARMM elections yet. On March 21, the Comelec started a 10-day special registration of voters in the ARMM provinces. Reports said the registration has been peaceful so far, but the turn-out has been low. Comelec spokesperson James Jimenez said that "even if the elections were deferred, the registration will not be an exercise in futility because the registered voters could still cast their ballots in other elections." (Various news sources)