RESIDENTS of the Autonomous Region in Muslim Mindanao (ARMM) are in an uproar over the proposal of President Aquino to postpone the elections there scheduled in August. Already a bill (HB 4146) has been filed in the House of Representatives to authorize the postponement.
What are Malacañang’s reasons for seeking a postponement? One is that it wants the ARMM elections to be synchronized with the national and local elections in 2013 and, perhaps, save a little money, of which we are in short supply. The ARMM is a “failed experiment” and a “failed sub-state,” says the Palace.
Local Government Secretary Jesse Robredo believes that postponing the elections will open a “golden opportunity’’ for the national government to cleanse the region’s voters’ lists and to audit the financial status of all the region’s local government units. He also argues that the deferment would not violate any law as it is a congressional act.
Presidential Spokesman Edwin Lacierda says the Palace is considering three options: (1) appoint officers in charge (OICs); (2) retain the incumbent officials in a holdover capacity; and (3) push through with the elections with the elected officials having shorter tenures.
Justice Secretary Leila de Lima says Malacañang has a legal basis to appoint caretaker officials in the ARMM.
Rep. Bai Sandra Sema says that resetting the elections would allow the government to introduce electoral reforms to erase the impression that the ARMM is the cheating capital of the Philippines.
Governors Jum Akbar of Basilan and Abdusakur Tan of Sulu favor postponement, but Tan opposes the idea of allowing the incumbent officials to serve in a holdover capacity. He suggests that all elective positions in the ARMM be given to non-politicians who have the ability to deliver the needed socio-economic development, basic health and education services to the five provinces and two cities of the region.
There are as many people and arguments opposed to postponement, however. Here are some of them:
1. The national government should respect democratic processes and abide by the provisions of the ARMM Organic Act. The postponement of the polls and the appointment of OICs to take over the functions of the ARMM officials elected in 2008 rest on shaky ground. They are insulting and a clear disrespect for the voters in the region.
2. The law is very clear: The elections should take place every three years and no postponement is contemplated unless for very specific and clear reasons, such as natural disasters, general breakdown in peace and order, and the like. The law also provides that those currently occupying elective positions should stay in a “holdover” capacity or until their successors are duly elected. There is absolutely no room for the appointment of OICs even if done by the President himself in the exercise of “general powers of supervision” accruing to his office since this does not include the power to appoint OICs.
3. The continued intervention of national politicians in ARMM affairs indicates an insincere attitude toward Muslim autonomy.
4. Apart from the constitutional infirmities, there are no urgent reasons for postponement. The Commission on Elections has already said it is “ready, willing and able” to hold the elections. The 2011 budget includes an appropriation for holding the elections.
5. The unstable peace and order situation in the ARMM cannot be used to justify the postponement. As the Comelec and its citizens arm, the Parish Pastoral Council for Responsible Voting, have noted, the May 2010 election was one of the most “peaceful and cleanest” elections in recent memory. Noynoy Aquino won in all the ARMM provinces despite the fact that he did not have a single warlord and traditional politician in his camp. The latest barangay polls were also held peacefully.
6. The best argument for holding the elections as scheduled in August is the need to replace the 80 percent of incumbent ARMM officials who are relatives and allies of the Ampatuan clan.
7. The postponement of the polls to May 2013 and appointment of OICs would create chaos and weaken the authority of the ARMM. It would bring more instability in the region and deny the Muslim people their right to self-determination. Elections are essential to strengthen the autonomy of the ARMM. The government should instead focus on ensuring clean and peaceful elections.
8. Here are what some House leaders said on the issue: Deputy Speaker Crispin Remulla: “The reasons advanced for postponement are flimsy. There’s no need to sacrifice the elections just to conduct a financial audit. The Commission on Audit is supposed to be auditing the ARMM each year. The Comelec should undertake a general registration of voters in the region instead of purging the existing voters’ list. The appointment of OICs is not a power vested in the President by the ARMM charter precisely because it is the antithesis of the concept of self-determination.”
9. Rep. Simeon Datumanong of Maguindanao, who was at a Kapihan sa Manila forum at Diamond Hotel: “Postponing the Aug. 8 polls would require an amendment to the ARMM Organic Act, which would need the support of two-thirds of Congress members and a majority consent of the region’s population in a plebiscite.”
10. Sulu Rep. Tupay Loong, chair of the committee on Muslim affairs, who was also at the Kapihan sa Diamond: “Malacañang should consult first ARMM residents before insisting on delaying the regional polls. Some non-Muslim lawmakers railroaded the approval of HB 4146. The members of our committee are not yet ready to vote because we intend to hold consultations in our respective districts.”