In BARMM, ‘no election’ scenario worries gov’t
Malacañang on Wednesday expressed concern over the possible impact on the Mindanao peace process and on security in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) if the first parliamentary elections on Oct. 13 this year will again turn into a “no election” situation.
This came as the Supreme Court issued a temporary restraining order (TRO) against the implementation of Bangsamoro Autonomy Act No. 77, the measure redoing the creation of parliamentary districts in the BARMM after losing seven districts originally allocated to Sulu province which the high court declared as not part of the area of autonomy in a ruling last year.
Compliance
“There are worries, yes, but the administration will still follow whatever the Supreme Court says,” Palace press officer Claire Castro said at a briefing on Wednesday.
“If that is the decision of the Supreme Court, it will be respected. Whatever the Supreme Court orders, the government will comply,” she added.
BAA 77 has been the subject of two petitions that assailed its constitutionality.
Owing to the TRO, the Commission on Elections (Comelec) announced on Wednesday that it has decided to stop its preparations for the Oct. 13 polls, in compliance with the high court’s order.
In a resolution, the Comelec en banc ordered the suspension of “all preparations for district, sectoral, and party representative elections” in the Bangsamoro until the high court lifts the TRO or resolves the validity of BAA 77.
“If we do not stop our preparations, we will be cited in contempt, because, what is the TRO for if the Commission would just continue its preparations?” Comelec Chair George Garcia said in an ambush interview on Wednesday.
Garcia said the Comelec Law Department has been ordered to coordinate with the Office of the Solicitor General in filing an urgent manifestation and comment on the TRO.
He added that they were hoping to also seek the high court’s guidance on “what should be the next steps (for) the Commission on Elections.”
Garcia explained that an analysis of the Comelec Law Department and the Bangsamoro Study Group noted that BAA 58, the measure upon which it hinged its poll preparations, has already been repealed by BAA 77, which took effect on Aug. 28, the day it resumed the printing of ballots for the Oct. 13 political exercise.
Tired of waiting for a new measure from the Bangsamoro parliament on the reallocation of seven district seats for Sulu, the Comelec proceeded with its electoral preparations using BAA 58, meaning only 73 of 80 seats will be up for contest.
When the Comelec decided to resume ballot printing on Aug. 28, Garcia asked the understanding of BARMM leaders that the poll body can no longer use it as basis for the Oct. 13 regional elections.
But because of the high court’s TRO, Garcia now admits that BAA 77 should have been the proper basis for its poll preparations.
“As you can see, the Supreme Court issued a TRO for BAA 77, not for BAA 58, because why would you TRO something which is already dead? You would only issue a TRO for the latest law, the one that is alive. That is the clearest interpretation of the action of our high court yesterday (Sept. 16),” Garcia said.
“Comelec is now obligated to implement BAA 7 7… that the number of seats to be elected on Oct. 13 should be 80 in total,” he added. “It means that the preparations of the Comelec based on 73 seats is contrary to BAA 77, which provides for 80.”
Postponement unclear
Under the Bangsamoro Organic Law (BOL), the 80-seat parliament will be composed of 40 party representatives who are elected region-wide, 32 representatives from parliamentary districts, and eight sectoral representatives.
As to whether the Bangsamoro elections would be postponed, Garcia said the Comelec could not answer this as only Congress could reset the schedule.
But he admits the poll body will be faced with operational and legal challenges once the high court lifts the TRO and resolves with finality the validity of BAA 77.
“All the ballots that we printed were based on 73 seats. All preparations deployed were based on 73 seats,” Garcia said.
He added that the vote counting machines to be used in the elections are leased only for Oct. 13. “If we don’t push through with our Oct. 13 elections, we need to arrange another lease,” Garcia noted. “It means we will pay for the lease on Oct. 13, and then we have to pay for another lease for the actual date of elections.”
He noted that the Comelec also could not hold the elections for parliamentary district seats separately from the sectoral representatives and political parties, as the BOL mandates for a single, simultaneous elections for all 80 representatives.
“We also want to know from the high court [when the elections would be held]. The Comelec has no power to fix a date for the elections,” Garcia said.
In Cotabato City, Bangsamoro Parliament Deputy Speaker Omar Yasser Sema, top nominee of Bangsamoro Party, said that while the Comelec’s decision to suspend preparations were clear, they also wanted the agency to clarify whether campaign activities would also proceed.
“What about the campaigning? That is a question they need to be clear on also,” Sema pointed out.
“The political parties continue to campaign under a cloud of uncertainty.” —WITH REPORTS FROM EDWIN FERNANDEZ AND DIANNE SAMPANG
