Supreme Court asked to prevent appointment of Armm OICs
Tuesday, September 6, 2011
THE election lawyer of former President Gloria Macapagal-Arroyo has asked the Supreme Court to prevent the Aquino government from appointing officers-in-charge (OICs) in the Autonomous Region in Muslim Mindanao (Armm).
The Supreme Court should first resolve all petitions disputing the validity of Republic Act 10153, the law that cancelled the August 8, 2011 elections in the Armm, election lawyer Romulo Macalintal said in a petition filed on Monday.
Besides being one of the petitioners who questioned the Armm poll postponement, Macalintal also disputed the legality of the Aquino administration’s plan to appoint OICs once terms of officials expire on September 30.
In his 68-page memorandum, Macalintal also asked the High Court to issue an order instructing OICs to cease and desist from assuming these positions.
The Palace is expected to appoint OICs for various positions, including regional governor, vice governor, and members of the Legislative Assembly.
He also asked that current Armm officials should be allowed to perform their functions until further ordered by the Court.
Macalintal maintained that the poll postponement — and its consequent synchronization with the 2013 national and local elections — violates the constitutional right of the Armm voters to choose their officials.
Postponing the polls “violates Section 18, Article X of the 1987 Constitution, which mandates that the executive department and the legislative assembly of the Armm shall be elective and representative of the constituent political units,” he said.
“Vesting the President with the power to appoint the Armm OICs and cancelling the August 8 scheduled elections smacks of the kind of tyrannical government that just two decades ago, former President Corazon Aquino — the country’s beloved late President and the mother of the country’s current President — valiantly fought for,” he said.
He also said that the law postponing the Armm elections should be subjected to a plebiscite because it also amended “the RA 9054, the Armm Organic Act or the Armm constitution.”
“Even the Solicitor General, in his comment, did not attempt to refute the fact that RA 10153 amended RA 9054. And such amendment is proven by the fact that it cancelled the August 8 polls and synchronized it in 2013; it provided for appointment of OICs; amended the provision on hold-over; and gave additional function to the members of the Armm Regional Assemblymen. Hence, not having been submitted and approved in the said plebiscite, RA 10153 is inoperative and is unconstitutional,” he added.
Macalintal also asked the High Court to direct the Commission on Elections to hold preparations for the Armm election set on a date reasonably close to scheduled polls as provided under Section 6 of the Omnibus Election Code. (JCV/Sunnex)
Source: http://www.sunstar.com.ph/manila/local-news/2011/09/06/supreme-court-asked-prevent-appointment-armm-oics-177533
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