Postponing ARMM election to correct what needs to be corrected will actually promote autonomy. We want the TRUE WILL of the people be heard and counted in an honest to goodness way. We do not want to settle with a haphazard and half-bake autonomy that is only exclusive for the elites, warlords, narcopoliticians and transactional trapos. Enough is enough. We deserve to be truly autonomous.
Autonomy doesn’t end when you let people decide. You also have to assure that the people’s decision are being heard, valued, not taken for granted and not altered. ARMM may be autonomous but we cannot alter the fact that it is an integral region of the Philippines – it cannot just exist on its own without being covered by the Philippine laws and the three branches of the government. Congress cannot just cut its ties with ARMM and tells everyone to back off because ARMM is autonomous. Beyond the concept of autonomy lies deficiencies of the laws, how at the end of the day it’s the Congress who can change the date of election, synchronize the region’s election with the national and local elections. This is one of the many SAD AND PAINFUL REALITIES that we, the people of ARMM, have to bear. Nonetheless, this should also serve as a challenge for us to be empowered so that we can put forward what we really aspire under the scope and limitation of the Philippine laws. There is always a room for lobbying, campaign and debate. We can always assert. We demand that the Senators listen to our concerns if they indeed want to highlight the region’s autonomy.
Democracy? Autonomy? I pray we get over with these labels. Enough with the superficialities. Let's look beyond what is in front of us. There is a bigger picture outside the box. Do we really have democracy and autonomy in ARMM with the kind of set-up we have right now? Can't we not configure first the system, correct what needs to be corrected and ready ourselves before hastily pushing for something we might call a sham later? Yes democracy is a number game, but if a numbers only participated because there is gun pointed at their heads or if the number is multiplied, then is it still democracy? Not until we can fully say with pride that we have exercised the right to suffrage in a clean, honest, peaceful and fair election; and that the votes really come from bona fide voters who freely exercised their constitutional right, the kind of democracy we have is a big joke. (Excerpt from my FB Note “The Paradox of ARMM Election – Part I”)
They say "ours is government of laws and not of men." I say ours is a government of wisdom and prudence and not of labels. We keep on saying autonomy and democracy but the very crux of the matter is often neglected. One honest and genuine vote versus nine votes with intimidation and who-knows-what manipulation, is that DEMOCRACY? Do we call region which is supposed to enrich the lives of its constituents and after 21 years remains to be the highest in terms of poverty, lowest in terms of human development index, 98% financially dependent on the national budget and half a million still displaced due to wars AUTONOMOUS? Let us not play with terms, you Honor. (Excerpt from my speech during the Senate Public Hearing in Marawi City last May 19, 2011)
Monday, May 30, 2011
How is the current situation in ARMM? (Post Maguindanao Massacre)
We, from Reform ARMM Now, challenge anyone to scrutinize, investigate and examine the case of ARMM. As pointed out by the Governor of Maguindanao whose wife, sisters and supporters were killed in the single deadliest event for journalists in history, people who are saying that the problems in ARMM are happening elsewhere in the country should have a surprise visit to ARMM; have an ocular inspection and on-the-spot validation of data. In one municipality that only has less than 500 voters, COMELEC data shows that it has 20,000 voters. Imagine the padded 19,500.
After the November Maguindanao massacre, violence in the region brought about by political clan wars continue to cause fear and turmoil in the lives of the constituents in ARMM. During the registration of voters in Marawi City, a bomb exploded killing one person and injuring more than ten persons. (I will confirm the exact date.)
Notice that the comment of this news,it tells that
"i am sorry Bishop pero kame po! ang nasa field palagi habang may election. mas nakatakot po pag magka election ngayon, sa katunayan nga noong April before May 10, 2010, National and Local Election binombahan po ang Isabela city chatedral at halos 10 KA TAO ang pinag bABARIL AT NAMATAY NG MGA i idi kilalang aramado. at nung armm election 2008 hinarang ng mga MILF ang election dahil sa naudlot na usapin... 6 barangay ang hindi napabgotohan sa Al-Barka at Tipo-tipo Mun 3 brgy. ang hindi napg botohan sa Sumisip Municipality...kame pong mga mamamayan na apektado sa usaping politikal ayaw naming matuloy ang election sapagkat malaki po ang maitutulong nito sa usaping pangka payapaan sa ARMM at Mindanao.." -- Ibama Ahmad Julian
There were several failure of elections (please check with the COMELEC) in the region due to violence, or imminent danger. In Lanao del Sur alone, specifically in Lumba Bayabao, even international watchdogs observed how violent and chaotic elections were done. Random gunshots and panic among the voters were being observed. (Please check news archives.) My husband personally witnessed the horror. Then came the barangay election which also had several failure of elections. In Marawi City alone, there are still many barangays that did not have any special elections which caused problems in the distribution of their IRA.
On Appointment vs. Election
DO YOU THINK THAT PRESIDENT AQUINO'S PLAN OF JUST DELEGATING OFFICIALS TO BE IN CHARGE OF ARMM UNTIL THE 2013 ELECTIONS HAPPEN IS BETTER? OR DO YOU THINK THAT THE PRESENT OFFICIALS OF ARMM SHOULD STILL GOVERN ARMM UNTIL THE 2013 ELECTIONS HAPPEN? PLEASE EXPLAIN YOUR ANSWER.
Appointing an OIC government is better because of the following grounds:
a) LEGAL
b. In the course of wanting to synchronize the ARMM election with the national and local election in 2013, the two options are to have the August 2011 election (that is cutting short the term of office of the elected officials) and to postpone the election. having holdover officials or extending the terms of officials is deemed unconstitutional as the term of local officials, except barangay officials, which shall be determined by law shall be three years (Section 8, Article 10). Now on the second option, whether to have a holdover of office for the incumbent officials or to have an OIC transition government, likewise, the Supreme Court has already ruled several times against having holdover officials (Osmena vs Comelec, Menzon vs Petilla). If the proposal to have holdover officials will push through, we will have for the next two years the Ampatuan administration that was elected in 2008 still handling ARMM. [NOTE: Only RG Ampatuan was removed, all other officials are still in power.] Hence, appointment.
b) PRACTICAL
a. Appointed officials are easier to remove if they will not deliver compared to elected officials.
b. Government will save the money for election (the 3B will go to COMELEC savings which, according to Com. Sarmiento, may be used for a new building or for preparation for the coming 2013 midterm election).
c. The candidates will save money, resources and effort. They do not have to pour out their family’s wealth just to buy votes and to ensure that the political machinery is well-oiled. They just have to prove that they are worth-appointing based on merits. Very practical.
c) MERIT-WISE
a. Appointed officials are chosen based ON MERITS AND SECTORAL REPRESENTATION and not on the 3G (guns, gold and goons) that are common for elective officials.
b. They are expected to perform better since they will undergo scrutiny, compared to elected officials who do not need the credentials, background and skills to govern or to legislate.
[NOTE: The kind of elected officials ARMM has can be traced on the profiles of the past and incumbents. From narcopoliticians, warlords and transactional trapos to non-performing leaders, ARMM suffers from the hands of these kinds of elected leaders. There are exceptions, however.]
The bill gained opposition on the question of whether or not the President can appoint OIC government should election in ARMM be postponed and synchronized with the May 2013 election. However, it cannot be doubted that the President exercises residual powers as Chief Executive. Under the 1987 Constitution, Section 16, Article 10, the President shall exercise general supervision over autonomous regions to ensure that laws are faithfully executed. Executive power is vested in the President of the Philippines (Section 1, Article 7) and temporary appointments to executive positions can be made so as not to prejudice public service or endanger public safety (Section 15, Article 7).
Of course, appointing OIC government is just for the 21 months transition government. Election remains to be the best form of choosing the best leaders IF (take note on the condition) the election is clean, honest, peaceful, fair and free. Not until there are glitches, gambling our precious right to suffrage is not worth it.
Appointing an OIC government is better because of the following grounds:
a) LEGAL
a. Appointing OIC transition government is within the Constitution.
[NOTE in the Bernas’ article, “Synchronizing ARMM Elections,” April 24, 2011, PDI: “I suggest that the better model for empowering the President to fill temporary vacancies by appointment is Section 7 of the Transitory Provisions of the 1987 Constitution. Said Section 7 authorized the President to fill by appointment the seats reserved for sectoral representatives—but only from a list of nominees prepared by various sectors. A role thus was given to the concerned sectors in filling vacancies. A similar limitation on the choice to be made by the President can be included in the synchronization law. Unless such limitation on the President’s discretion is placed, he could very well fill the offices with his party mates. Imposing such limitation will make the appointment closer to a democratic process.”b. In the course of wanting to synchronize the ARMM election with the national and local election in 2013, the two options are to have the August 2011 election (that is cutting short the term of office of the elected officials) and to postpone the election. having holdover officials or extending the terms of officials is deemed unconstitutional as the term of local officials, except barangay officials, which shall be determined by law shall be three years (Section 8, Article 10). Now on the second option, whether to have a holdover of office for the incumbent officials or to have an OIC transition government, likewise, the Supreme Court has already ruled several times against having holdover officials (Osmena vs Comelec, Menzon vs Petilla). If the proposal to have holdover officials will push through, we will have for the next two years the Ampatuan administration that was elected in 2008 still handling ARMM. [NOTE: Only RG Ampatuan was removed, all other officials are still in power.] Hence, appointment.
b) PRACTICAL
a. Appointed officials are easier to remove if they will not deliver compared to elected officials.
b. Government will save the money for election (the 3B will go to COMELEC savings which, according to Com. Sarmiento, may be used for a new building or for preparation for the coming 2013 midterm election).
c. The candidates will save money, resources and effort. They do not have to pour out their family’s wealth just to buy votes and to ensure that the political machinery is well-oiled. They just have to prove that they are worth-appointing based on merits. Very practical.
c) MERIT-WISE
a. Appointed officials are chosen based ON MERITS AND SECTORAL REPRESENTATION and not on the 3G (guns, gold and goons) that are common for elective officials.
b. They are expected to perform better since they will undergo scrutiny, compared to elected officials who do not need the credentials, background and skills to govern or to legislate.
[NOTE: The kind of elected officials ARMM has can be traced on the profiles of the past and incumbents. From narcopoliticians, warlords and transactional trapos to non-performing leaders, ARMM suffers from the hands of these kinds of elected leaders. There are exceptions, however.]
The bill gained opposition on the question of whether or not the President can appoint OIC government should election in ARMM be postponed and synchronized with the May 2013 election. However, it cannot be doubted that the President exercises residual powers as Chief Executive. Under the 1987 Constitution, Section 16, Article 10, the President shall exercise general supervision over autonomous regions to ensure that laws are faithfully executed. Executive power is vested in the President of the Philippines (Section 1, Article 7) and temporary appointments to executive positions can be made so as not to prejudice public service or endanger public safety (Section 15, Article 7).
Of course, appointing OIC government is just for the 21 months transition government. Election remains to be the best form of choosing the best leaders IF (take note on the condition) the election is clean, honest, peaceful, fair and free. Not until there are glitches, gambling our precious right to suffrage is not worth it.
Is it unconstitutional to postpone the ARMM election?
How can following a constitutional mandate to synchronize the elections be unconstitutional?
In the history of ARMM, we have had six elections and eight postponements. Also, there was an attempt to synchronize the ARMM election with the general election in May 2001 as provided in RA 8953 but the same was later amended by RA 9012 on February 28, 2001 (less than two months before the May 14, 2001 general election).
Postponement of ARMM elections is not without precedent. In fact, post-1996 FPA (Final Peace Agreement), there were several postponements precisely to pave the way for the amendment of the original ARMM organic act to incorporate the provisions of the 1996 Final Peace Agreement (FPA). Republic Act Nos. 8176, 8746, 8753, 8953, 9012, 9054, 9140, and 9333 were the laws passed by Congress on ARMM poll deferment.
The first postponement of the ARMM elections, however, was not after the signing of the 1996 peace pact but just before: RA 8176 changed the date of the ARMM elections and was signed into law by then President Fidel Ramos on December 29, 1995. The third ARMM election was supposed to have been held March 1996. The law reset the polls to September that same year, giving the negotiators six months leeway.
During President Gloria Macagapal-Arroyo’s time, three laws were passed postponing the ARMM elections. In February 2001, Congress passed RA 9012, resetting the supposed May 2001 elections in the ARMM to September 2001. Congress again passed RA 9140 in June 2001, setting the plebiscite to August and election to “the last Monday of November 2001. President Arroyo again signed RA No. 9333 on September 21, 2004, scheduling elections to the “second Monday of August 2005.
Now this RA 9333 is the subject matter of the five petitions pending before the Supreme Court. They question the constitutionality of the law. The petitioners do not agree when exactly the date of ARMM election is. Ironically, if the August 2011 will push through, it is by virtue of RA 9333.
In the history of ARMM, we have had six elections and eight postponements. Also, there was an attempt to synchronize the ARMM election with the general election in May 2001 as provided in RA 8953 but the same was later amended by RA 9012 on February 28, 2001 (less than two months before the May 14, 2001 general election).
Postponement of ARMM elections is not without precedent. In fact, post-1996 FPA (Final Peace Agreement), there were several postponements precisely to pave the way for the amendment of the original ARMM organic act to incorporate the provisions of the 1996 Final Peace Agreement (FPA). Republic Act Nos. 8176, 8746, 8753, 8953, 9012, 9054, 9140, and 9333 were the laws passed by Congress on ARMM poll deferment.
The first postponement of the ARMM elections, however, was not after the signing of the 1996 peace pact but just before: RA 8176 changed the date of the ARMM elections and was signed into law by then President Fidel Ramos on December 29, 1995. The third ARMM election was supposed to have been held March 1996. The law reset the polls to September that same year, giving the negotiators six months leeway.
During President Gloria Macagapal-Arroyo’s time, three laws were passed postponing the ARMM elections. In February 2001, Congress passed RA 9012, resetting the supposed May 2001 elections in the ARMM to September 2001. Congress again passed RA 9140 in June 2001, setting the plebiscite to August and election to “the last Monday of November 2001. President Arroyo again signed RA No. 9333 on September 21, 2004, scheduling elections to the “second Monday of August 2005.
Now this RA 9333 is the subject matter of the five petitions pending before the Supreme Court. They question the constitutionality of the law. The petitioners do not agree when exactly the date of ARMM election is. Ironically, if the August 2011 will push through, it is by virtue of RA 9333.
Sunday, May 29, 2011
Countdown: Committee Report vs. Election (the day before the LAST Hearing)
While the ARMM election synchronization bill is still at the table of the Committee on Local Government chaired by Senator Bongbong Marcos, there is already a long list of names aspiring to be the next ARMM officials. The term of the incumbent officials are set to end on the noon of the 3oth of September 2011 according to RA 9054 and RA 9333.
Fourteen vie for Regional Governor while sixteen vie for Regional Vice Governor amidst the pending status of SB 2756. The fourteen who filed their CoCs for Regional Governor are:
Also, the sixteen who filed their CoCs for Regional Vice Governor are:
According to COMELEC, Liberal Party, the President's political party, did not not have any nominations. The party must be very pressured whether to nominate or not, or who to nominate considering that "machinery" is one big important factor. Will it consider the trapos, warlords and narcopoliticians who have been waiting in vain? Is it willing to forgo the reform agenda for political pragmatism? Or will it maintain it's synchronization plan and let go of the opportunity for LP to enter the LAKAS-UNCD dominated ARMM? It should be noted that in all six elections in ARMM, all the elected RGs and RVGs came from LAKAS-UNCD.
The ARMM election synchronization bill is a certified urgent bill by President Aquino. This is a test of his resiliency in reforming ARMM and his resolve to lead the country. A defeat of the bill is a defeat of his reform agenda not only in the ARMM but the country as well. It will also reflect on how effective this administration is in handling the peace process.
The Reform ARMM Now [RAN], a broad coalition of civil society organizations and NGOs in ARMM and Mindanao, has been doing all means to lobby for the synchronization of ARMM election with the national and local election since February this year. RAN wants the polls synchronized and postponed till 2013 to provide a breathing space for drastic reforms to be instituted including the overhaul of voters list, rounding up loose firearms, curbing electoral violence, among others. The House approved HB 4146, the twin bill of SB 2756, with flying colors -- 191 votes.
Synchronization of elections is a constitutional mandate and this has been upheld by the Supreme Court in Osmena vs COMELEC. The Constitution provides for a synchronized local and national election. Since the ARMM is considered as local government unit, it must, as a constitutional mandate, be synchronized with other local and national elections. In the case of Osmena vs Comelec it was decided that local and national election must be synchronized and ARMM is not an exception to this rule.
Constitutional expert Father Joaquin Bernas as well as DOJ Sec. Laila de Lima opined that synchronization of election of ARMM with the 2013 National and Local elections is constitutional. By synchronizing the election there is less opportunity for the Malacanang to anoint candidates. There will be more room for equal and fair opportunity in electoral process during election. When elections are synchronized, there will be more watchers and less votes manipulation.
RAN maintains its stand to fight for the synchronization bill till the bill's last breath and till the group's last ray of light. Election fever may be in the air and people who have been clamoring to have election must be jumping with joy but the truth of the matter is that the synch bill is still alive and the fight for reform is just getting more intense. RAN tells the candidates not to be too excited because the Committee Report on the ARMM synch bill will be out soon and the bill will be put to a vote at the plenary. There is a scheduled final Committee Hearing on the said bill on May 31, 2011 where high-ranking Malacanang officials are expected to attend. They have been preempting the death of bill before it arrived at the Senate doors, but guess what? More than one month have passed and the bill is still alive and kicking.
Hence, it’s not yet over until it’s over. Should elections be pushed through on August 8, RAN challenges all candidates to present their reform agenda for ARMM and to commit to a clean, honest and peaceful election.
Ashmaira Mayasa Abdullah,
incumbent Governor of Lanao del Sur Provincial, Mamintal "Bombit" Alonto Adiong Jr.,
Saad Ibrahim Amate,
incumbent Congressman of Lanao del Sur 2nd District, Pangalian Macorao Balindong,
Ephraim Baldomero Defino,
former Representative of AMIN Party-list, Mujiv Sabbihi Hataman,
former OIC Governor of ARMM from September 3 to October 11, 2001, Alvarez Silal Isnaji,
Ansaroden Magangcong Sani Bantuas Lucman Moner,
former Governor of Sultan Kudarat, Pax Pakung Sandigan Mangudadatu,
Kadra Asani Masihul,
Datu Habib Sarifuddin Samanodi Maulana,
Elsie New Orejudos,
former OIC Governor of Lanao del Sur, Saidamen Balt Pangarungan,
Sahiron Dulaah Salim
Saad Ibrahim Amate,
incumbent Congressman of Lanao del Sur 2nd District, Pangalian Macorao Balindong,
Ephraim Baldomero Defino,
former Representative of AMIN Party-list, Mujiv Sabbihi Hataman,
former OIC Governor of ARMM from September 3 to October 11, 2001, Alvarez Silal Isnaji,
Ansaroden Magangcong Sani Bantuas Lucman Moner,
former Governor of Sultan Kudarat, Pax Pakung Sandigan Mangudadatu,
Kadra Asani Masihul,
Datu Habib Sarifuddin Samanodi Maulana,
Elsie New Orejudos,
former OIC Governor of Lanao del Sur, Saidamen Balt Pangarungan,
Sahiron Dulaah Salim
Fatani Sultan Abdul Malik,
incumbent OIC Governor of ARMM, Ansaruddin-Abdul Malik "Hooky" Alonto Adiong,
Mikinug Pangcatan Ampao,
Arab Dimasimpun Ampaso,
Shariffa Ziola Anding Bago,
Datu Pelaez Alo Carudin,
former Governor of Tarlac and Aunt of PNoy, Margarita Delos Reyes Cojuanco,
President of ARMM Social Action Movement (ASAM), Bobby Managaran Datimbang,
Alikhan Awar Dimaro,
Gani Usman Gaddung,
Abdulbasit Ampaso Hadjinor,
Omar Tani Hassiman,
former OIC Governor of Lanao del Sur, Bashier Dimalang Manalao,
Kano Pasandalan Nor,
Marconi Curso Tomelden Paiso Al haj.,
Son of Sulu Gov. Sakur Tan, Abdulsakur II Abubakar Tan.
incumbent OIC Governor of ARMM, Ansaruddin-Abdul Malik "Hooky" Alonto Adiong,
Mikinug Pangcatan Ampao,
Arab Dimasimpun Ampaso,
Shariffa Ziola Anding Bago,
Datu Pelaez Alo Carudin,
former Governor of Tarlac and Aunt of PNoy, Margarita Delos Reyes Cojuanco,
President of ARMM Social Action Movement (ASAM), Bobby Managaran Datimbang,
Alikhan Awar Dimaro,
Gani Usman Gaddung,
Abdulbasit Ampaso Hadjinor,
Omar Tani Hassiman,
former OIC Governor of Lanao del Sur, Bashier Dimalang Manalao,
Kano Pasandalan Nor,
Marconi Curso Tomelden Paiso Al haj.,
Son of Sulu Gov. Sakur Tan, Abdulsakur II Abubakar Tan.
According to COMELEC, Liberal Party, the President's political party, did not not have any nominations. The party must be very pressured whether to nominate or not, or who to nominate considering that "machinery" is one big important factor. Will it consider the trapos, warlords and narcopoliticians who have been waiting in vain? Is it willing to forgo the reform agenda for political pragmatism? Or will it maintain it's synchronization plan and let go of the opportunity for LP to enter the LAKAS-UNCD dominated ARMM? It should be noted that in all six elections in ARMM, all the elected RGs and RVGs came from LAKAS-UNCD.
The ARMM election synchronization bill is a certified urgent bill by President Aquino. This is a test of his resiliency in reforming ARMM and his resolve to lead the country. A defeat of the bill is a defeat of his reform agenda not only in the ARMM but the country as well. It will also reflect on how effective this administration is in handling the peace process.
The Reform ARMM Now [RAN], a broad coalition of civil society organizations and NGOs in ARMM and Mindanao, has been doing all means to lobby for the synchronization of ARMM election with the national and local election since February this year. RAN wants the polls synchronized and postponed till 2013 to provide a breathing space for drastic reforms to be instituted including the overhaul of voters list, rounding up loose firearms, curbing electoral violence, among others. The House approved HB 4146, the twin bill of SB 2756, with flying colors -- 191 votes.
Synchronization of elections is a constitutional mandate and this has been upheld by the Supreme Court in Osmena vs COMELEC. The Constitution provides for a synchronized local and national election. Since the ARMM is considered as local government unit, it must, as a constitutional mandate, be synchronized with other local and national elections. In the case of Osmena vs Comelec it was decided that local and national election must be synchronized and ARMM is not an exception to this rule.
Constitutional expert Father Joaquin Bernas as well as DOJ Sec. Laila de Lima opined that synchronization of election of ARMM with the 2013 National and Local elections is constitutional. By synchronizing the election there is less opportunity for the Malacanang to anoint candidates. There will be more room for equal and fair opportunity in electoral process during election. When elections are synchronized, there will be more watchers and less votes manipulation.
RAN maintains its stand to fight for the synchronization bill till the bill's last breath and till the group's last ray of light. Election fever may be in the air and people who have been clamoring to have election must be jumping with joy but the truth of the matter is that the synch bill is still alive and the fight for reform is just getting more intense. RAN tells the candidates not to be too excited because the Committee Report on the ARMM synch bill will be out soon and the bill will be put to a vote at the plenary. There is a scheduled final Committee Hearing on the said bill on May 31, 2011 where high-ranking Malacanang officials are expected to attend. They have been preempting the death of bill before it arrived at the Senate doors, but guess what? More than one month have passed and the bill is still alive and kicking.
Hence, it’s not yet over until it’s over. Should elections be pushed through on August 8, RAN challenges all candidates to present their reform agenda for ARMM and to commit to a clean, honest and peaceful election.
Basic Q&A (In Favor or Against the ARMM Poll Synch Bill?)
I am in favor of HB 4146 (and its twin Senate Bill 2756). All elections, except for barangay election, are to be synchronized as mandated for by the 1987 Constitution. ARMM election, being a local election, is not an exception to this rule. The question to be asked to those who oppose is why until now this constitutional mandate has not been followed? If we don’t synchronize it in 2013, the next national and local election, when do we synchronize it?
With regards to the postponement, the August 2011 election need to be postponed because of the following reasons:
a. need to synchronize local and national elections as mandated in the 1987 Constitution. Having a separate ARMM elections will not only be inconsistent with such mandate but will entail additional cost to taxpayers;
[NOTE: if we synchronize ARMM election with the national and local election in 2013 without postponing the election, that is we push through with the August 2011 election, then the term of office of the elected officials will only be for 21 months, less than the three-year term mandate in the Organic Act. Cutting short the term of office is unconstitutional.]
b. need to institute electoral reforms in the ARMM that has been constantly plagued by electoral violence, massive fraud, vote-buying, kidnapping, etc. COMELEC needs time to cleanse the voters’ list and institute safeguards in the ballots and for the voters’ will to be protected;
[NOTE: COMELEC says that with their Automated Fingerprint Identification System (AFIS) they were able to remove 73,000 double registrants and 16,000 bogus identities. But biometrics doesn’t end at the registration of voters. We do not have a double biometrics system that checks/verifies/validates the fingerprint of the registered voter to the one who gets the ballot and submits the ballot. Anyone can just fill up the ballot. Also, as pointed out by a governor in Maguindanao (you may verify this in the Transcript of the Marawi Public Hearing done by Senate last May 19, 2010) a municipality with only 500 voters has 20,000 voters in the COMELEC list. Imagine the 19,500 ghost voters? This is definitely a slap to what they say as democratic process. How can there be democracy when more than half of the voters are ghost? We demand that there should be a general registration and a double biometrics system first before another sham election.]
c. must give way to the peace process that is ongoing between the government and the Moro rebel groups to provide focus and imperatives to achieving sustainable peace.
[NOTE: Both the MILF and MNLF gave support to the call for postponement of ARMM election.]
If elections are to push through in August 2011, we will see the same ‘warlords’ dominating the scene. If we recall, the November 2009 massacre in Ampatuan, Maguindanao was election-related violence as those murdered were supposed to file certificates of candidacies for the Mangudadatus against the Ampatuans. Already incidence of violent crimes possibly related to election ‘preparations’ like kidnapping, arms procurement, etc are on the rise.
The May 2010 elections and the October 2010 barangay elections in the ARMM saw heightened violence and fraud that COMELEC needs to address first before elections are held again in ARMM. Such argument for postponement was recommended by the Parish-Pastoral Council for Responsible Voting (PPCRV) and the Citizens Coalition for ARMM Electoral Reforms or C-CARE, an electoral watchdog supported by the International Foundation for Electoral System (IFES). Yet COMELEC has failed to act on such recommendations and now the ARMM elections will officially start by May 9, 2011 upon the filing of candidacy by prospective officials. The short period of time and the proven track record of COMELEC of ineptitude in poll preparations compel the need for postponement.
The History of ARMM Elections
Let us review when exactly is the date of ARMM election.
The first ARMM election was on February 12, 1990, by virtue of the Transitory Provision in RA 6734 that the election will be not earlier than 60 days or later than 90 days after the law has been ratified.
Section 1 of RA 7647 states that the date of ARMM election will on the second Monday after the Muslim Month of Ramadhan except on the second regular election which is on March 25, 1993.
In 1999, the Eidl Fitr was on February 20, 1996, and so by virtue of RA 7647, the ARMM election should be on March 4, 1996, the second Monday after Ramadhan. But RA 8176 moved it to September 9, 1996, the third ARMM election. RA 8176 was passed in less than 3 months before the scheduled election.
How about RA 8746 which changed the schedule of ARMM election four days before the election? The 1999 election was supposedly on March 8, 1999 (based on RA 8176) but the law was approved on March 4, 1999, four days before the scheduled election. RA 8746 moved the date of election to Sept 13, 1999.
How about another law, RA 8753, which moved the date of polls five days before the election? The supposedly September 13, 1999 election was moved to September 11, 2000 by virtue of RA 8753 which was passed on September 8, 1999.
Then ten days before the supposedly September 11, 2000 election, the date of ARMM election was moved again to May 14, 2001 (this time to coincide with the general election) under RA 8953. It was a certified urgent bill. It was filed on June 2, 2000; approved by the House on June 5, 2000; sent to the Senate on June 6, 2000; received by the Senate on June 14, 2000 before the Congress' sine die adjournment. Despite the insufficient time-frame according to opposition, both chambers agreed to form a ConCom on August 21. The ConCom released the report on August 22. On August 31, the bill was transmitted to the President who approved it on September 1, ten days before the date of election.
RA 9012 which was approved on February 14, 2001 changed again the date of election, supposedly May 14, 2001 to September 10, 2001.
Take note that more than a month since the passage of RA 9012, RA 9054 aka the Organic Act of ARMM lapsed into a law without the President's signature. This was the time of the so-called EDSA Dos where there was too much political instability in the country.
ARTICLE XVIII Transitory Provisions of RA 9054 provides that
SEC. 7 First Regular Elections. – The first regular elections of the Regional Governor, Regional Vice Governor and members of the regional legislative assembly under this Organic Act shall be held on the second Monday of September 2001.
It was specific, only for the first regular election. It did not state that the next elections will be three years thereafter. The supposedly September 10, 2001 election was moved to November 25, 2001 by virtue of RA 9140. November 25, 2001 was the fourth ARMM election and the first ARMM election under the NEW Organic Act RA 9054.
Then came RA 9333 which changed the date of ARMM election to the second Monday of August. The August 8, 2005 and August 11, 2008 elections, the fifth and sixth ARMM elections respectively (or the second and third ARMM election based on the new Organic Act), were based on RA 9333. Now, RA 9333 is being questioned at the SC for being unconstitutional. Even the August 8, 2011 election is based on RA 9333. What happens if SC declares it unconstitutional? When is the date of ARMM election? What SB 2756 and HB 4146 are amending is RA 9333 not the Organic Act, RA 9054.
As to the bill sitting before the committee of Sen. Marcos, there is clearly time based on the precedents. Let's hold on to our seats and start counting the days to the passage of the bill into a law. :)
QUICK Info:
>>6 elections in ARMM
>>All 6 elected RGs (and RVGs) are under the same party, LAKAS-UMCD.
The first ARMM election was on February 12, 1990, by virtue of the Transitory Provision in RA 6734 that the election will be not earlier than 60 days or later than 90 days after the law has been ratified.
Section 1 of RA 7647 states that the date of ARMM election will on the second Monday after the Muslim Month of Ramadhan except on the second regular election which is on March 25, 1993.
In 1999, the Eidl Fitr was on February 20, 1996, and so by virtue of RA 7647, the ARMM election should be on March 4, 1996, the second Monday after Ramadhan. But RA 8176 moved it to September 9, 1996, the third ARMM election. RA 8176 was passed in less than 3 months before the scheduled election.
How about RA 8746 which changed the schedule of ARMM election four days before the election? The 1999 election was supposedly on March 8, 1999 (based on RA 8176) but the law was approved on March 4, 1999, four days before the scheduled election. RA 8746 moved the date of election to Sept 13, 1999.
How about another law, RA 8753, which moved the date of polls five days before the election? The supposedly September 13, 1999 election was moved to September 11, 2000 by virtue of RA 8753 which was passed on September 8, 1999.
Then ten days before the supposedly September 11, 2000 election, the date of ARMM election was moved again to May 14, 2001 (this time to coincide with the general election) under RA 8953. It was a certified urgent bill. It was filed on June 2, 2000; approved by the House on June 5, 2000; sent to the Senate on June 6, 2000; received by the Senate on June 14, 2000 before the Congress' sine die adjournment. Despite the insufficient time-frame according to opposition, both chambers agreed to form a ConCom on August 21. The ConCom released the report on August 22. On August 31, the bill was transmitted to the President who approved it on September 1, ten days before the date of election.
RA 9012 which was approved on February 14, 2001 changed again the date of election, supposedly May 14, 2001 to September 10, 2001.
Take note that more than a month since the passage of RA 9012, RA 9054 aka the Organic Act of ARMM lapsed into a law without the President's signature. This was the time of the so-called EDSA Dos where there was too much political instability in the country.
ARTICLE XVIII Transitory Provisions of RA 9054 provides that
SEC. 7 First Regular Elections. – The first regular elections of the Regional Governor, Regional Vice Governor and members of the regional legislative assembly under this Organic Act shall be held on the second Monday of September 2001.
It was specific, only for the first regular election. It did not state that the next elections will be three years thereafter. The supposedly September 10, 2001 election was moved to November 25, 2001 by virtue of RA 9140. November 25, 2001 was the fourth ARMM election and the first ARMM election under the NEW Organic Act RA 9054.
Then came RA 9333 which changed the date of ARMM election to the second Monday of August. The August 8, 2005 and August 11, 2008 elections, the fifth and sixth ARMM elections respectively (or the second and third ARMM election based on the new Organic Act), were based on RA 9333. Now, RA 9333 is being questioned at the SC for being unconstitutional. Even the August 8, 2011 election is based on RA 9333. What happens if SC declares it unconstitutional? When is the date of ARMM election? What SB 2756 and HB 4146 are amending is RA 9333 not the Organic Act, RA 9054.
As to the bill sitting before the committee of Sen. Marcos, there is clearly time based on the precedents. Let's hold on to our seats and start counting the days to the passage of the bill into a law. :)
QUICK Info:
>>6 elections in ARMM
- Feb 12, 1990
- March 25, 1993
- Sept 9, 1996
- Nov 25, 2001
- Aug 8, 2005
- Aug 11, 2008
>>All 6 elected RGs (and RVGs) are under the same party, LAKAS-UMCD.
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