Aquino to withhold Armm appointments
Wednesday, October 19, 2011
(UPDATED) President Benigno Aquino III will defer appointing provisional officials in the Autonomous Region in Muslim Mindanao (Armm) even though the Supreme Court, in a decision on Tuesday, allowed him to do so.
This was the assurance given by deputy Presidential spokesperson Abigail Valte on Wednesday, a day after the High Court also upheld the constitutionality of Republic Act 10153, a law that postponed polls in the Armm.
The President will not appoint any officer-in-charge in the region until the High Court renders a final ruling on the law that synchronizes Armm polls with the 2013 midterm polls.
“We have not appointed anyone. We have not made any such announcements and we are aware of the terms that were set out in that decision of the Supreme Court and we are also aware the decision is not yet final,” Valte said.
Nevertheless, she said the executive is continuing the selection process and preparing for the appointment if ruled by the court.
“We could not just sit and not do anything. We will have to prepare for both eventualities,” she stressed.
The SC on Tuesday, by a narrow vote of 8-7, affirmed the constitutionality of Republic Act 10153, which is the law deferring the Armm elections originally set last August 8 and synchronize it with the 2013 midterm national and local polls.
Senator Franklin Drilon, senior member of the Liberal Party at the Senate and sponsor of the poll postponement bill, has defended the measure saying appointing officers-in-charge will allow political reforms in preparation for elections in 2013.
However, Aquino was still unable to appoint Armm officers-in-charge (OICs) since the decision is not yet final and parties could still file a motion for reconsideration (MR).
House Minority Leader Edcel Lagman Jr. indicated plans to file an MR since the justices’ voting was too close.
A political advantage for the Liberal Party
In the Senate, Senator Ferdinand Marcos Jr. said that the Armm poll postponement will mean less democracy, not more.
The appointment of OICs “is a political move for the Liberal Party to put in position their own people in preparation for 2013.”
Marcos, a critic of postponement, is chairman of the Senate committee on local government. In May, his committee filed a report thumbing down the bill after holding hearings in Manila and Marawi City.
He moved, however, to bring the bill to the Senate floor for debates. The Senate passed the bill 13-7, paving the way for President Benigno Aquino III to sign it into law in June.
The Supreme Court issued an injunction in September, preventing the President from appointing OICs. That injunction lapsed after the Supreme Court decision Tuesday.
Marcos said the decision was a huge let-down for the Muslims in Mindanao, adding depriving Armm residents of their right to choose their own leaders may lead to more conflict in the region.
Senator Ralph Recto, a member of the Liberal Party, said the Supreme Court “did the right thing in appreciating the imperative need to postpone the elections and allow the chief executive to appoint reform-minded individuals.”
“The Supreme Court has finally locked arms with the executive and the legislative departments in sowing the first seeds of reforms in Armm,” he said.
Senator Aquilino Pimentel III, who submitted a separate petition against poll postponement in July, said a motion for the Supreme Court to reconsider “has a practical chance of succeeding.”
According to a member of his staff, Pimentel–president of Partido Demokratiko Pilipino-Laban (PDP-Laban)–is still studying the decision in preparation for a possible appeal. Pimentel has also been meeting with Muslim leaders and PDP-Laban officers, his staff said.
In a separate report, Romulo Macalintal, the election lawyer of former President Gloria Macapagal-Arroyo, said that he will file a partial appeal. His motion for reconsideration will only contest the decision that allows the President to appoint Armm OICs.
The decision will be “a bad precedent” since all postponed elections in the future may allow the President to appoint OICs, Macalintal said.
“The 8-7 decision on appointment of OICs, if affirmed, will be a bad, if not dangerous, precedent because in the event Barangay polls are postponed, then OICs from more than 42,000 Barangays or close to 280,000 positions (7 posts or Barangay) have to be appointed OICs. OICs also defeat the representative character of ARMM officials as provided under the constitution,” he explained further.
When congress decided to postpone Barangay elections, the incumbent barangay officials were allowed to continue their functions in holdover capacity, Macalintal said. (Jill Beltran/Jonathan de Santos/SDF/Sunnex)
http://www.sunstar.com.ph/manila/local-news/2011/10/19/aquino-withhold-armm-appointments-185906
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