Human rights lawyer brings Bangsamoro Electoral Code to Supreme Court

MANILA - Human rights lawyer Algamar Latiph and civil society organization leaders Arlene Sevilla and Amenodin Cali have filed with the Supreme Court a “Petition in Intervention” to the pending Petition by Atty. Dimnatang Pansar to declare as unconstitutional the Bangsamoro Electoral Code passed by the Bangsamoro Transition Authority.

In a statement, they said the Petition in Intervention - a petition in which a person seeks to be permitted to intervene in a lawsuit involving other parties so that his own rights and interests may be protected by a judgment or decree binding all - among others, is questioning the constitutionality and legality of the stringent requirements for the registration of political parties to participate in the 2025 regional Parliamentary elections.

A requirement in the electoral code that a political party must have at least 10,000 members before it can be registered eliminates free electoral contests and forces minorities into submission. The petitioners argue that these stringent requirements favor moneyed groups and discriminate against small political parties.

The petition questions Article VI of the Electoral Code, consisting of Sections 1 to 10, which pertains to right to suffrage, qualification, disqualifications, registration, and their procedures are contrary to Section 1 and 2, Article V of the Constitution. The Petition asserts that it is Congress not the BTA which has the power to regulate the right to suffrage.

The “law” referred to in the Constitution pertains to the law passed by the Congress not by the BTA or Parliament. The Petition also questions the validity of the penalty provisions in the Electoral Code because the BTA has no power to define and penalize crime except offenses punishable by arresto menor related to Shari’ah law. Thus, election offenses defined and penalized under Article VIII of the Electoral Code have no legal basis under the Constitution and the Organic Law of the BARMM.

The petition also questions the validity of the election of sectoral representatives by assemblies when the Organic law provides that they must be elected in the Parliamentary elections. The petition asked the Supreme Court to invalidate the requirement of accreditation by regional bodies of the sectoral organizations before they can qualify to participate in the elections.

The petitioners assert that regional bodies are not independent bodies like the Commission on Elections to determine qualifications of sectoral groups to participate in the elections.

The petition is asking the Supreme Court that in case the Electoral Code is declared unconstitutional, that the poll body be required to provide for the rules and enforce the same in order that the 80 seats of the Regional Parliament are elected in May 2025.

The BTA is yet to react to the petition. (Mindanao Examiner)