EMBO Voting Rights: Navigating a political and legal minefield

The recent adoption of a concurrent resolution by Congress concerning the voting rights of residents in the Enlisted Men’s Barrios, or EMBO barangays, has ignited heated debates.

For decades, these barangays were part of Makati, until a Supreme Court ruling last year placed them under Taguig’s territorial jurisdiction. The legislative move was supposed to clarify their voting rights in the coming elections, but instead highlighted a complex legal and political quagmire.

The resolution, sponsored by Senator Alan Peter Cayetano, seeks to address the voting rights of EMBO residents. However, the proceedings in the Senate took an unexpected turn when Senator Miguel Zubiri questioned its sudden inclusion in the agenda, which was not originally planned. The heated exchange between Cayetano and Zubiri, almost leading to a physical altercation, has overshadowed the real issue at hand: the disenfranchisement of EMBO voters.

The root of the controversy lies in the Commission on Elections’ (Comelec) decision a few months ago. According to Comelec, EMBO residents can vote for mayor, vice mayor, and city councilors in Taguig but not for their congressional representatives. The reason? The EMBO barangays are not yet part of any of Taguig’s two legislative districts.

With the 2025 national and local elections looming, Cayetano introduced Senate Concurrent Resolution No. 23, which expresses support for Taguig’s Ordinance No. 144. The ordinance integrates the EMBO barangays into Taguig’s two legislative districts and increases the number of councilors. This move is seen as an attempt to persuade Comelec to reconsider its stance and allow EMBO residents to participate fully in the election of their congressional representatives.

However, as legal experts pointed out, a resolution does not have the force of law. It merely conveys the “sense of Congress” on a given issue. In this case, the resolution can only serve as a gentle nudge for Comelec to revisit its decision. It does not, in itself, have the power to change the current legal framework.

The issue becomes more complicated when considering Republic Act No. 8487, the Charter of the City of Taguig. This law specifies the barangays that make up Taguig’s two legislative districts. To include the EMBO barangays in this list, Congress would need to amend the City Charter. A mere ordinance from the local government cannot override a national law. Therefore, even with the resolution and ordinance in place, Comelec’s hands remain tied unless the legislative framework is formally altered.

In his sponsorship speech, Senator Cayetano asserted that he had conducted legal research to support the resolution. While belatedly addressing EMBO voting rights, the resolution raises more questions than answers. What legal grounds did Cayetano base his resolution on? How does he propose to reconcile the conflict between local ordinances and national laws? These are questions that legal scholars, and more importantly, EMBO residents, are eager to have answered.

Disenfranchisement is a serious issue that undermines the exercise of a fundamental Constitutional right. Yet, in navigating the issue, caution and prudence must prevail. The lawmaking process must be respected, and unnecessary expectations must not be raised. If the resolution gives EMBO residents false hope, the political repercussions could be significant. In an election season, where promises are abundant and fulfillment scarce, the disappointment of voters could lead to mistrust and disillusionment.

As the 2025 election approaches, Congress must tread carefully in resolving this issue. The right to vote is a cornerstone of democracy, and any legislative action that affects it must be handled with utmost seriousness and respect for the rule of law. While the resolution aims to address the disenfranchisement of EMBO residents, it must be followed by concrete legislative steps to amend the City Charter of Taguig. Anything less would be a disservice to the democratic process and the people it seeks to serve.

2020 killing of  PCSO Board’s ex-police general is ruthlessly inhuman

It was nightmarish to hear that PNP officers during Duterte’s time are involved in killing their colleagues, tag them as drug personalities, even if they are in civil positions and a retired general at that.

The accuser, PNP-PDEG  Lt Col. Santie Mendoza , confessed in public hearing that  his upperclassmen , Ex-PCSO GM, retired colonel Royina Garma  together with former DENR Usec and  head Anti- Illegal task logging force and incumbent Napolcom Commissioner Edilberto Leonardo  ordered him to find a hitman to kill retired police general Wesley Barayuga, then PCSO’s board secretary.

Both Garma and Leonardo denied the accusations but  PNP Chief Gen.Rommel Marbil has ordered the reopening of the murder case on Barayuga, a member of the PMA class 1983. This “Matikas group” has  four  former AFP chiefs of staff, namely  Gen Hernando Irriberri,  Lt Gen. Glorioso Miranda Gen  Ricardo Visaya and Gen. Eduardo Año.  For the past four years , the victim’s friends in that class offered P1M reward for any information on his killers. But no progress was made until the revelation of LT Col Mendoza before the Quad Committee in Congress.  

But what puzzles me is how it happened when Eduardo Año was DILG chief under Duterte’s time and  therefore had  supervisory control over then Philippine National Police.  It was July 2020, when Bayaruga was gunned down as an alleged illegal drugs “ high value target” in Mandaluyong when he was a PCSO Board Secretary, appointed by another Class 1 983 member Major Gen. Alexander Balutan.  

One would wonder now , what is  General’s Año’s reaction today  after the tagging of ex PCSO GM  Garma and  ex-DENR usec now Napolcom Commissioner Leonardo in the killing of his general friend. Was  DILG Sec. Año out the loop  in 2020 on that  liquidation order to PNP cops by  people known to within the inner circle of his boss,  the former President? 

This is both hair-raising and blood curdling  and we must all be thankful that we’re  finally done with six years of the Duterte presidency. It is becoming clear that during those times, people in power could kill anyone even if they are high ranking police officers, and a mistah of an incumbent Cabinet member.