Transitory provisions not for ARMM election

I ALWAYS value the insights and discussions of Fr. Joaquin Bernas on matters pertaining to the Philippine Constitution of 1987 because, among other things, he was one of its framers and signatories.

However, I beg to disagree with his claim (Inquirer, 4/25/11) that a constitutional intent to synchronize the election in the Autonomous Region in Muslim Mindanao (ARMM) with national elections can be “deduced” from Sections 2 and 5 of our Constitution’s Transitory Provisions.

By definition alone, the Transitory Provisions of the Constitution are clearly intended to serve the specialized needs and conditions prevailing at the time of the organic law’s enactment. The provisions are called “transitory” precisely because they are intended to ease the transition being brought forth by the newly enacted Constitution, not to address long-term concerns.

We are already 24 years removed since our present Constitution first came into effect in 1987, thus to “deduce” from its Transitory Provisions something to support a synchronization of the ARMM election with the 2013 national elections is quite a stretch.

A reading of the cited provisions below should make it very clear that they are not applicable to ARMM.

Section 2. The Senators, Members of the House of Representatives, and the local officials first elected under this Constitution shall serve until noon of June 30, 1992…

Section 5. The six-year term of the incumbent President and Vice-President elected in the February 7, 1986 election is, for purposes of synchronization of elections, hereby extended to noon of June 30, 1992…”

Likewise, the elections of the ARMM cannot be lumped together with other local elections because of the autonomous character of the ARMM, which, in fact, even has its own Organic Act.

On Father Bernas’ statement that “synchronization will have the effect of diffusing the energies of the local lords since they would be attending to both local and national elections,” I believe the opposite is true.

What will be diffused by synchronization is the focus and attention that would otherwise be exclusively given by government, the public and poll watchdogs if the ARMM election is held separately from the national and local elections.

A separate election for ARMM would allow the government to tap the full might of the police and the military to keep in check the “local lords” referred to by Father Bernas.

To conclude, I am appealing to Father Bernas to add his voice in support of the aspirations of our Muslim brothers and sisters for self-determination, instead of trying to determine what “model” this administration may use to justify postponing the Aug. 8, 2011 ARMM election.

There can be no justifications to the intent of the government to appoint officers-in-charge at ARMM because the posts to be vacated are elective and thus must be filled up through no other way than by holding the ARMM election as scheduled in August.

—AQUILINO “NENE” PIMENTEL JR.
former senator