HB 4146 As Amended by the Senate

HB 4146 As Amended by the Senate

(AS AMENDED BY THE SENATE)

CONGRESS OF THE PHILIPPINES

FIFTEENTH CONGRESS

First Regular Session

HOUSE OF REPRESENTATIVES

H. No. 4146

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BY REPRESENTATIVES SEMA, BAG-AO, BELLO, ABAYA, TAÑADA, CLIMACO, ABAD, HATAMAN-SALLIMAN, SAHIDULLA, DIMAPORO (F), QUIBRANZA-DIMAPORO, BRAWNER BAGUILAT, UNABIA, BENALDO, FLORES, BELMONTE (V), BANAL, CERAFICA, JAVIER, APACIBLE, SACDALAN, FORTUNO, RAMOS, GONZALES, COLLANTES, OLIVAREZ, SARMIENTO (M.), TINGA, FERNANDEZ, ZAMORA-APSAY, LOYOLA, VELASCO, CABILAO YAMBAO,  GARBIN, PICHAY, SARMIENTO (C.), MALIKSI, HERRERA-DY, ALCALA, QUIMBO, CATAMCO, SINGSON (E),  DALOG, CASTELO, CUA, MENDOZA (J), CALIXTO-RUBIANO, ACOP, VILLARICA, DE VENECIA, COJUANGCO (K), ROBES, ARAGO, UMALI (R.), MIRAFLORES, ALVAREZ (M.), BAUTISTA, ANTONINO, SALVACION, BATOCABE, LIMKAICHONG, MATUGAS, CELESTE, LOPEZ (C.J.), BERNOS, JOSON, COSALAN, BIRON, BIAZON, TREÑAS, OCAMPOS, HARESCO, FARIÑAS, ABAYON, GOMEZ, GONZALES (N.), BATAOIL, LEONEN-PIZARRO AND CO

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AN ACT PROVIDING FOR THE SYNCHRONIZATION OF THE ELECTIONS [AND THE TERM OF OFFICE OF THE ELECTIVE OFFICIALS OF] IN THE AUTONOMOUS REGION IN MUSLIM MINDANAO (ARMM) WITH [THOSE OF] THE NATIONAL AND [OTHER] LOCAL [OFFICIALS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9333, ENTITLED “AN ACT FIXING THE DATE FOR REGULAR ELECTIONS FOR ELECTIVE OFFICIALS OF THE AUTONOMOUS REGION IN MUSLIM MINDANAO”], AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. DECLARATION OF POLICY.- IN ACCORDANCE WITH THE INTENT AND MANDATE OF THE CONSTITUTION AND REPUBLIC ACT NO. 7166, ENTITLED “AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL AND LOCAL ELECTIONS AND FOR ELECTORAL REFORMS, AUTHORIZING APPROPRIATIONS THEREFOR, AND FOR OTHER PURPOSES” IT IS HEREBY DECLARED THE POLICY OF THE STATE TO SYNCHRONIZE NATIONAL AND LOCAL ELECTIONS. PURSUANT THERETO, THE ELECTIONS IN THE AUTONOMOUS REGION IN MUSLIM MINDANAO (ARMM) IS HEREBY SYNCHRONIZED WITH THE NATIONAL AND LOCAL ELECTIONS AS HEREINAFTER PROVIDED.

SEC. 2 [TION 1.]Regular Elections. – [For purposes of synchronization of elections, which is envisioned by the 1987 Constitution,] {t]The regular elections for the Regional Governor, Regional Vice Governor and Members of the Regional Legislative Assembly of the Autonomous Region in Muslim Mindanao (ARMM) shall be held on the second (2nd) Monday of May 2013.   Succeeding regular elections shall be held on the same date every three (3) years thereafter.

[SEC. 2.  Terms of Office of Elective Regional Officials. – The term of office of the Regional Governor, Regional Vice Governor and Members of the Regional Legislative Assembly of the ARMM shall be for a period of three (3) years, which shall begin at noon on the thirtieth (30th) day of September next following the day of the election and shall end at noon of the same date three (3) years thereafter.]

[SEC. 3. - End of Term of Office of the Incumbent Elective Officials. – Pursuant to the three (3)-year term limit mandated by Section 8 of Article X of the 1987 Constitution, all incumbent elective officials of the ARMM elected in the second (2nd) regular election under Republic Act No. 9333 shall hold office only until noon of the thirtieth (30th) day of September 2011.]

SEC. 3.[4]- Appointment of Officers-in-Charge. – [For the transitory period which is necessitated by the synchronization of the ARMM elections with the regular elections in 2013, to avoid a vacancy that will be created when the term of office of the incumbent officers of the ARMM expires at noon of the thirtieth (30th) day of September 2011,] [1] The President [of the Republic of the Philippines] shall appoint officers-in-charge [who will take over the functions of the incumbent elective officials of the ARMM at the end of their term on noon of the thirtieth (30th) day of September 2011.] FOR THE OFFICE OF THE REGIONAL GOVERNOR, REGIONAL VICE GOVERNOR AND MEMBERS OF THE REGIONAL LEGISLATIVE ASSEMBLY WHO SHALL PERFORM THE FUNCTIONS PERTAINING TO THE SAID OFFICES UNTIL THE OFFICIALS DULY ELECTED IN THE MAY 2013 ELECTIONS SHALL HAVE QUALIFIED AND ASSUMES OFFICE.

SEC. 4. MANNER AND PROCEDURE OF APPOINTING OFFICERS-IN-CHARGE. – THERE SHALL BE CREATED A SCREENING COMMITTEE, WHOSE MEMBERS SHALL BE APPOINTED BY THE PRESIDENT, WHICH SHALL SCREEN AND RECOMMEND, IN CONSULTATION WITH THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE SENATE PRESIDENT, THE PERSONS WHO WILL BE APPOINTED AS OFFICERS-IN-CHARGE.

SEC 5. Qualifications. – No person shall be appointed officer-in-charge unless he or she complies with the qualifications for Regional Governor, Regional Vice Governor or Members of the Regional Legislative Assembly of the ARMM, as provided in REPUBLIC ACT NO. 6734, ENTITLED “AN ACT PROVIDING FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO.” AS AMENDED BY Republic Act No. 9054, entitled “An Act to Strengthen and Expand the Organic Act for the Autonomous Region in Muslim Mindanao, Amending for the Purpose Republic Act No. 6734 [, Entitled, ‘An Act Providing for the Autonomous Region in Muslim Mindanao’, As Amended”].

[SEC. 5. Ineligibility of Appointed Officers-in-Charge. – Appointed officers-in-charge referred to in Section 5 hereof shall be ineligible to run as candidates for elective positions in the next regular elections of the ARMM which shall be held on the second (2nd) Monday of May 2013.]

SEC. 6.[7] Study and Review of the Organic Act. – The appointed Members of the Regional Legislative Assembly of the ARMM shall conduct a study and review of Republic Act No. 9054 and submit recommendations to the Congress of the Philippines within six (6) months from their assumption into office.

SEC. 7.  SEPARABILITY CLAUSE. – IN THE EVENT ANY PART OR PROVISION OF THIS ACT IS HELD INVALID OR UNCONSTITUTIONAL, OTHER PROVISIONS NOT AFFECTED THEREBY SHALL REMAIN IN FORCE AND EFFECT.

SEC. 8.  Repealing Clause. – REPUBLIC ACT  NO. 9333 IS HEREBY REPEALED. All laws, decrees, orders, rules and regulations, and other issuances or parts thereof which are inconsistent with this Act are hereby repealed, amended or modified accordingly.

SEC. 9. Effectivity Clause – This Act shall take effect immediately upon the completion of its publication in TWO (2) [1] newspapers of general circulation.

Approved,