Supreme Court petition questions BARMM Electoral Code

MANILA – The five provincial governors of the Muslim autonomous region have joined mayors and stakeholders in filing a petition in the Supreme Court questioning the constitutionality and legality of the Bangsamoro Electoral Code.

The governors - Mamintal Adiong Jr. of Lanao del Sur; Jim Hataman Salliman of Basilan; Sakur Tan of Sulu; Mariam Mangudadatu of Maguindanao Del Sur; and Yshmael Sali of Tawi-Tawi - who are behind the Bangsamoro Governors’ Caucus.

The electoral code or the Bangsamoro Autonomy Act No. 35 was enacted by the Bangsamoro Transition Authority (BTA) and signed into law by the Interim Chief Minister Ahod Ibrahim on March 8.

 

Governors Mamintal Adiong Jr. of Lanao del Sur; Jim Hataman Salliman of Basilan; Sakur Tan of Sulu; Mariam Mangudadatu of Maguindanao Del Sur; and Yshmael Sali of Tawi-Tawi said they support the filing of the petition.

 

The five leaders were also behind the Bangsamoro Governor’s Caucus launched on June 6 in an effort to address issues and concerns facing the restive region in southern Philippines.

 

Adiong, the group’s spokesman, said the petition was filed on Wednesday, June 14, by legal counsel Atty. Romulo Macalintal. The petition, he said, questions, among others, the provisions which infringe on the jurisdiction of the Commission on Elections, Congress and the Supreme Court, the applicability of the electoral code not only in regional, but also in national and local elections.

 

And also the stringent requirements for the registration of political parties and the use of public funds for political campaign or partisan political activities. The petition is asking the Supreme Court to immediately stop the enforcement of the electoral code and to declare it in part or in full to be unconstitutional.

 

“The governors are supporting the filing of the petition by local chief executives and representatives of political parties, sectoral groups and CSOs, because this is in line with the BGC’s advocacy to help build a strong rule of law in the BARMM. Our manifesto states that we support the filing of legal challenges against regional laws and policies that may be unconstitutional and violative of the Bangsamoro Organic Law and other national laws,” Adiong said.

 

But he was quick to emphasize that the filing of the petition does not mean that the governors are against the BARMM government. “On the contrary, we want BARMM to succeed that is why we are advocating for stable regional laws and policies. Asking the Supreme Court to rule on the constitutionality and legality of regional laws is in fact contributing to a strong rule of law regime in the BARMM,” he said.

 

The governors recently issued a manifesto and sent this, along with a letter, to President Ferdinand Marcos Jr calling for the immediate shut down of all MILF forces due to violence in areas where former rebels are actively operating, especially in Maguindanao, Cotabato City and North Cotabato, and for the government to postpone the Barangay and Sanguniang Kabataan elections set in October until the decommissioning process are completed as part of the implementation of the Comprehensive Agreement on the Bangsamoro.

 

There was no immediate reaction from either Ebrahim or members of the BTA on the manifesto and petition filed in the High Court. (Mindanao Examiner)