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Transcript of 03. Datu vs. Senate
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G.R. No. 196271. October 18, 2011.*
DATU MICHAEL ABAS KIDA, in his personal capacity, and in representation of
MAGUINDANAO FEDERATION OF AUTONOMOUS IRRIGATORS ASSOCIATION,
INC., HADJI MUHMINA J. USMAN, JOHN ANTHONY L. LIM, JAMILON T. ODIN,
ASRIN TIMBOL JAIYARI, MUJIB M. KALANG, ALIH AL-SAIDI J. SAPI-E, KESSARDAMSIE ABDIL, and BASSAM ALUH SAUPI, petitioners, vs. SENATE OF THE
PHILIPPINES, represented by its President JUAN PONCE ENRILE, HOUSE OF
REPRESENTATIVES, thru SPEAKER FELICIANO BELMONTE, COMMISSION ON
ELECTIONS, thru its Chairman, SIXTO BRILLANTES, JR., PAQUITO OCHOA, JR., Office
of the President Executive Secretary, FLORENCIO ABAD, JR., Secretary of Budget, and
ROBERTO TAN, Treasurer of the Philippines, respondents.
G.R. No. 196305. October 18, 2011. *
BASARI D. MAPUPUNO, petitioner, vs. SIXTO BRILLANTES, in his capacity as Chairman ofthe Commission on Elections, FLORENCIO ABAD, JR. in his capacity as Secretary of the
Department of Budget and Management, PACQUITO OCHOA, JR., in his capacity as Executive
Secretary, JUAN PONCE ENRILE, in his capacity as Senate President, and FELICIANO
BELMONTE, in his capacity as Speaker of the House of Representatives, respondents.
G.R. No. 197221. October 18, 2011.*
REP. EDCEL C. LAGMAN, petitioner, vs. PAQUITO N. OCHOA, JR., in his capacity as the
Executive Secretary, and the COMMISSION ON ELECTIONS, respondents.
G.R. No. 197280. October 18, 2011.*
ALMARIM CENTI TILLAH, DATU CASAN CONDING CANA, and PARTIDO
DEMOKRATIKO PILIPINO LAKAS NG BAYAN (PDP-
_______________
* EN BANC.
271
LABAN), petitioners, vs. THE COMMISSION ON ELECTIONS, through its Chairman, SIXTO
BRILLANTES, JR., HON. PAQUITO N. OCHOA, JR., in his capacity as Executive Secretary,
HON. FLORENCIO B. ABAD, JR., in his capacity as Secretary of the Department of Budget
and Management, and HON. ROBERTO B. TAN, in his capacity as Treasurer of the Philippines,
respondents.
G.R. No. 197282. October 18, 2011.*
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ATTY. ROMULO B. MACALINTAL, petitioner, vs. COMMISSION ON ELECTIONS and
THE OFFICE OF THE PRESIDENT, through EXECUTIVE SECRETARY PAQUITO N.
OCHOA, JR., respondents.
G.R. No. 197392. October 18, 2011.*
LUIS BAROK BIRAOGO, petitioner, vs. THE COMMISSION ON ELECTIONS and
EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., respondents.
G.R. No. 197454. October 18, 2011.*
JACINTO V. PARAS, petitioner, vs. EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR.,
and the COMMISSION ON ELECTIONS, respondents, MINORITY RIGHTS FORUM,
PHILIPPINES, INC., respondents-intervenor.
Constitutional Law; Election Law; Autonomous Region in Muslim Mindanao; Synchronization
of Elections in the Autonomous Region in Muslim Mindanao with the National and LocalElections (RA 10153); While the Constitution does not expressly state that Congress has to
synchronize national and local elections, the clear intent towards this objective can be gleaned
from the Transitory Provisions (Article XVIII) of the Constitution.While the Constitution does
not expressly state that Congress has to synchronize national and local elections, the clear intent
towards this objective can be gleaned from the Transitory Provisions (Article XVIII) of the
Constitution, which show the extent to which the Constitutional Commission, by deliberately
making adjustments to the terms of the incumbent officials, sought to attain synchronization of
elections.
272
Same; Same; An autonomous region is considered a form of local government in Section 1,
Article X of the Constitution.From the perspective of the Constitution, autonomous regions are
considered one of the forms of local governments, as evident from Article X of the Constitution
entitled Local Government. Autonomous regions are established and discussed under Sections
15 to 21 of this Articlethe article wholly devoted to Local Government. That an autonomous
region is considered a form of local government is also reflected in Section 1, Article X of the
Constitution.
Same; Same; Synchronization of Elections in the Autonomous Region in Muslim Mindanao with
the National and Local Elections (RA 10153); The Presidents certification exempted both the
House and the Senate from having to comply with the three separate readings requirement.In
the present case, the records show that the President wrote to the Speaker of the House of
Representatives to certify the necessity of the immediate enactment of a law synchronizing the
ARMM elections with the national and local elections. Following our Tolentino ruling, the
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Presidents certification exempted both the House and the Senate from having to comply with the
three separate readings requirement.
Same; Same; The House of Representatives and the Senate gave full recognition to the
Presidents certification and promptly enacted RA No. 10153.The House of Representatives
and the Senatein the exercise of their legislative discretiongave full recognition to thePresidents certification and promptly enacted RA No. 10153. Under the circumstances, nothing
short of grave abuse of discretion on the part of the two houses of Congress can justify our
intrusion under our power of judicial review.
Same; Same; Synchronization of Elections in the Autonomous Region in Muslim Mindanao with
the National and Local Elections (RA 10153); The supermajority (2/3) voting requirement
required under Section 1, Article XVII of RA No. 9054 has to be struck down for giving RA No.
9054 the character of an irrepealable law by requiring more than what the Constitution
demands.Even assuming that RA No. 9333 and RA No. 10153 did in fact amend RA No.
9054, the supermajority (2/3) voting requirement required under Section 1, Article XVII of RANo. 9054 has to be struck down for giving RA No. 9054 the character of an irrepealable law by
requiring more than what the Constitution demands.
Same; Same; The requirements of RA No. 9054 not only required an unwarranted supermajority,
but enlarged as well the plebiscite requirement, as embodied in its Section 3, Article XVII of that
Act.The requirements of
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RA No. 9054 not only required an unwarranted supermajority, but enlarged as well the plebiscite
requirement, as embodied in its Section 3, Article XVII of that Act. As we did on the
supermajority requirement, we find the enlargement of the plebiscite requirement required under
Section 18, Article X of the Constitution to be excessive to point of absurdity and, hence, a
violation of the Constitution.
Same; Same; What RA No. 10153 provides is an old matter for local governments and is
technically a reiteration of what is already reflected in the law, given that regional elections are
in reality local elections by express constitutional recognition.RA No. 7166 already provides
for the synchronization of local elections with the national and congressional elections. Thus,
what RA No. 10153 provides is an old matter for local governments (with the exception of
barangay and Sanggunian Kabataan elections where the terms are not constitutionally provided)
and is technically a reiteration of what is already reflected in the law, given that regional
elections are in reality local elections by express constitutional recognition.
Same; Except as limited by the Constitution, either expressly or impliedly, legislative power
embraces all subjects and extends to all matters of general concern or common interest.The
grant of legislative power to Congress is broad, general and comprehensive. The legislative body
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possesses plenary power for all purposes of civil government. Any power, deemed to be
legislative by usage and tradition, is necessarily possessed by Congress, unless the Constitution
has lodged it elsewhere. Except as limited by the Constitution, either expressly or impliedly,
legislative power embraces all subjects and extends to all matters of general concern or common
interest.
Same; Election Laws; Autonomous Region in Muslim Mindanao (ARMM); Both autonomy and
the synchronization of national and local elections are recognized and established constitutional
mandates, with one being as compelling as the other.In relation with synchronization, both
autonomy and the synchronization of national and local elections are recognized and established
constitutional mandates, with one being as compelling as the other. If their compelling force
differs at all, the difference is in their coverage; synchronization operates on and affects the
whole country, while regional autonomyas the term suggestsdirectly carries a narrower
regional effect although its national effect cannot be discounted.
Same; Same; Same; Since elective Autonomous Region in Muslim Mindanao (ARMM) officialsare local officials, they are covered and bound by the three-year term limit prescribed by the
Constitution; they cannot extend their
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term through a holdover.Since elective ARMM officials are local officials, they are covered
and bound by the three-year term limit prescribed by the Constitution; they cannot extend their
term through a holdover. As this Court put in Osmea v. COMELEC, 199 SCRA 750 (1991): It
is not competent for the legislature to extend the term of officers by providing that they shall
hold over until their successors are elected and qualified where the constitution has in effect orby clear implication prescribed the term and when the Constitution fixes the day on which the
official term shall begin, there is no legislative authority to continue the office beyond that
period, even though the successors fail to qualify within the time.
Same; Same; Same; Congress, in passing RA No. 10153, made it explicitly clear that it had the
intention of suppressing the holdover rule that prevailed under RA No. 9054 by completely
removing this provision.Congress, in passing RA No. 10153, made it explicitly clear that it
had the intention of suppressing the holdover rule that prevailed under RA No. 9054 by
completely removing this provision. The deletion is a policy decision that is wholly within the
discretion of Congress to make in the exercise of its plenary legislative powers.
Same; Same; Same; Commission on Elections; COMELEC has no power to call for the holding
of special elections unless pursuant to a specific statutory grant.The constitutional power of
the COMELEC, in contrast with the power of Congress to call for, and to set the date of,
elections, is limited to enforcing and administering all laws and regulations relative to the
conduct of an election. Statutorily, COMELEC has no power to call for the holding of special
elections unless pursuant to a specific statutory grant.
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Same; Same; Congress, in passing RA No. 10153, acted strictly within its constitutional
mandate.We find that Congress, in passing RA No. 10153, acted strictly within its
constitutional mandate. Given an array of choices, it acted within due constitutional bounds and
with marked reasonableness in light of the necessary adjustments that synchronization demands.
276
CARPIO, J., Dissenting Opinion:
Constitutional Law; Election Law; Autonomous Region in Muslim Mindanao; Synchronization
of Elections in the Autonomous Region in Muslim Mindanao with the National and Local
Elections (RA 10153); View that the synchronization of the Autonomous Region in Muslim
Mindanao (ARMM) elections with the national and local elections under RA 10153 is
constitutional.I vote to declare RA 9333 constitutional, and RA 10153 partly unconstitutional.
The synchronization of the ARMM elections with the national and local elections under RA
10153 is constitutional. However, Sections 3, 4 and 5 of RA 10153 authorizing the President to
appoint OICs in place of elective ARMM officials are unconstitutional. Save in newly created
local government units prior to special or regular elections, elective officials of local government
units like the ARMM cannot be appointed by the President but must be elected in special or
regular elections. Hence, respondent COMELEC should be ordered to hold special elections in
the ARMM as soon as possible.
Same; Same; Same; View that pending the assumption to office of the elected Autonomous
Region in Muslim Mindanao (ARMM) Governor, the President, under his general supervision
over local governments, may appoint an officer-in-charge in the office of the ARMM
Governor.Pending the assumption to office of the elected ARMM Governor, the President,
under his general supervision over local governments, may appoint an officer-in-charge in the
office of the ARMM Governor. Such appointment is absolutely necessary and unavoidable to
keep functioning essential government services in the ARMM.
Same; Same; Same; View that the second sentence of Section 7(1), Article VII of RA 9054
authorizing Autonomous Region in Muslim Mindanao (ARMM) elective officials to hold over
until the election and qualification of their successors is unconstitutional.On the other hand, I
vote to declare unconstitutional the second sentence of Section 7(1), Article VII of RA 9054
authorizing ARMM elective officials to hold over until the election and qualification of their
successors. Such hold over violates the fixed term of office of elective local officials under the
Constitution.
Same; Same; Same; View that RA 9333 and RA 10153 are separate, stand-alone statutes that do
not amend any provision of RA 9054.To fix the date of the succeeding regular elections,
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Congress passed several measures, moving the election day as it deemed proper. Like RA 9333
and RA 10153, these enactments merely filled a void created by the narrow wording of RA
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6734. RA 9333 and RA 10153 are therefore separate, stand-alone statutes that do not amend anyprovision of RA 9054.
Same; Same; Same; View that the 2/3 vote threshold in Section 1, Article XVII of RA 9054
effectively ensures the near immutability of RA 9054, in derogation of Congress plenary power
to amend or repeal laws.The 2/3 vote threshold in Section 1, Article XVII of RA 9054
effectively ensures the near immutability of RA 9054, in derogation of Congress plenary power
to amend or repeal laws. Unless the Constitution itself mandates a higher vote threshold to enact,
amend or repeal laws, each House of Congress can do so by simple majority of the members
present who constitute a quorum.
Same; Same; Same; Synchronized Elections; View that Congress power to provide for the
simultaneous holding of elections for national and local officials does not encompass the power
to authorize the President to appoint officers-in-charge in place of elective local officials.
Congress power to provide for the simultaneous holding of elections for national and local
officials, however, does not encompass the power to authorize the President to appoint officers-
in-charge in place of elective local officials, canceling in the process scheduled local elections.
To hold otherwise is to sanction the perversion of the Philippine States democratic and
republican nature.
Same; Same; Same; View that the appointment by the President of officers-in-charge (OICs) in
the Autonomous Region in Muslim Mindanao (ARMM) under Sections 3, 4 and 5 of RA 10153
is not authorized under the Constitution.In ratifying the Constitution, the Filipino people
authorized the President to appoint sectoral representatives for a limited period. However, the
appointment by the President of OICs in the ARMM under Sections 3, 4 and 5 of RA 10153 is
not authorized under the Constitution but is in fact in violation of the Constitution that the
Filipino people ratified overwhelmingly.
Same; Same; Same; View that the President may appoint an officer-in-charge in the office of the
Autonomous Region in Muslim Mindanao (ARMM) Governor pending the holding of special
local elections in the ARMM.The President may appoint an officer-in-charge in the office of
the ARMM Governor pending the holding of special local elections in the ARMM. The
appointment of such officer-in-charge is absolutely necessary and unavoidable because someone
must insure that essential government services continue to function in the ARMM.
278
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Same; Same; Same; View that the Autonomous Region in Muslim Mindanao (ARMM) officials
to be elected in the special ARMM elections shall hold office until 30 June 2013.The ARMM
officials to be elected in the special ARMM elections shall hold office until 30 June 2013, when
the terms of office of elective national and local officials covered by the synchronized elections
also expire.
VELASCO, JR., J., Dissenting Opinion:
Constitutional Law; Election Law; Autonomous Region in Muslim Mindanao; Synchronization
of Elections in the Autonomous Region in Muslim Mindanao with the National and Local
Elections (RA 10153); View that the Congress power to provide for the simultaneous holding of
elections for national and local officials does not encompass the power to authorize the President
to appoint officers-in-charge in place of elective officials.That the [C]ongress power to
provide for the simultaneous holding of elections for national and local officials x x x does not
encompass the power to authorize the President to appoint officers-in-charge in place of elective
officials x x x. To hold otherwise is to sanction the perversion of the Philippine Statesdemocratic and republican nature, and so sustain the holdover of the incumbent ARMM
officials pending the election and qualification of their successors.
Same; Same; Same; View that neither Sec. 2, Art. XVIII or Sec. 8, Art. X of the Constitution
contains any provision against a holdover by an elective local official of his office pending the
election and qualification of his successor.Neither Sec. 2, Art. XVIII or Sec. 8, Art. X of the
Constitution contains any provision against a holdover by an elective local official of his office
pending the election and qualification of his successor.
Same; Same; Same; View that a holdover is not technically an extension of the term of theofficer but a recognition of the incumbent as a de facto officer.It should be considered that a
holdover is not technically an extension of the term of the officer but a recognition of the
incumbent as a de facto officer, which is made imperative by the necessity for a continuous
performance of public functions.
Same; Same; Same; View that the alternative choice to allow the President to appoint the
Autonomous Region in Muslim Mindanao (ARMM) Governor pending the holding of the special
elections is not only intrinsically infirm but also constitutionally invalid.The alternative choice
to allow the President to appoint the ARMM Governor pending the holding of the special
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elections is not only intrinsically infirm but also constitutionally invalid for violating the only
limitation provided by the Constitution when it conferred on Congress the power to create the
local offices of the ARMM.
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Same; Same; Same; View that an approval of the holdover of the incumbents pending
the election and qualification of their successors is a ratification of the constitutional right of the
people of the Autonomous Region in Muslim Mindanao (ARMM) to select their own officials.
The appointment of a person by the President thwarts the popular will by replacing the person
who has been previously elected by the ARMM electorate to govern them. On the other hand, an
approval of the holdover of the incumbents pending the election and qualification of their
successors is a ratification of the constitutional right of the people of the ARMM to select their
own officials.
Same; Same; Same; View that the authority granted the President to appoint the Autonomous
Region in Muslim Mindanao (ARMM) Governor cannot be excused by an expanded
interpretation of the Presidents power of general supervision over local governments.The
authority granted the President to appoint the ARMM Governor cannot be excused by an
expanded interpretation of the Presidents power of general supervision over local
governments in Sec. 4, Art. X of the Constitution, as it is basic that general supervision does
NOT authorize the President or any of his alter egos to interfere with local affairs.
Same; Same; Same; View that the President cannot fill the executive and legislative Autonomous
Region in Muslim Mindanao (ARMM) Offices by appointment, even temporarily and pending
the holding of the special elections.The President cannot fill the executive and legislative
ARMM Offices by appointment, even temporarily and pending the holding of the special
elections. Such action will not only be outside the scope of his constitutional authority to do so,
but also further violates the principle of local autonomy, nullifies the will of the electorate, and
contravenes the only limitation set by the Constitutionthat the offices of the executive and
legislative ARMM officials be elective and representative.
PETITIONS assailing the validity of R.A. No. 10153.
The facts are stated in the opinion of the Court.
Pacifico A. Agabin for petitioners in G.R. No. 196271 and G.R. No. 196305.
280
Johween O. Atienza and Tristan Frederick L. Tresvalles for petitioner in G.R. No. 197221.
Aquilino Q. Pimentel for petitioners in G.R. No. 197280.
Edgardo Carlo L. Vistan II for petitioner in G.R. No. 197282.
Valentina S. Santana-Cruz for Senate President Juan Ponce Enrile.
Louis Barok C. Biraogo for and in his own behalf in G.R. No. 197392.
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Jacinto V. Paras for and in his own behalf in G.R. No. 197454.
Leonardo B. Palicte III for Speaker Feliciano R. Belmonte, Jr.
Algamar A. Latiph for Bangsamoro Solidarity Movement.
BRION, J.:
On June 30, 2011, Republic Act (RA) No. 10153, entitled An Act Providing for the
Synchronization of the Elections in the Autonomous Region in Muslim Mindanao (ARMM) with
the National and Local Elections and for Other Purposes was enacted. The law reset the ARMM
elections from the 8th of August 2011, to the second Monday of May 2013 and every three (3)
years thereafter, to coincide with the countrys regular national and local elections. The law as
well granted the President the power to appoint officers-in-charge (OICs) for the Office of the
Regional Governor, the Regional Vice-Governor, and the Members of the Regional Legislative
Assembly, who shall perform the functions pertaining to the said offices until the officials duly
elected in the May 2013 elections shall have qualified and assumed office.
Even before its formal passage, the bills that became RA No. 10153 already spawned petitions
against their validity; House Bill No. 4146 and Senate Bill No. 2756 were challenged in petitions
filed with this Court. These petitions multiplied after RA No. 10153 was passed.
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Factual Antecedents
The State, through Sections 15 to 22, Article X of the 1987 Constitution, mandated the creation
of autonomous regions in Muslim Mindanao and the Cordilleras. Section 15 states:
Section 15. There shall be created autonomous regions in Muslim Mindanao and in the
Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing
common and distinctive historical and cultural heritage, economic and social structures, and
other relevant characteristics within the framework of this Constitution and the national
sovereignty as well as territorial integrity of the Republic of the Philippines.
Section 18 of the Article, on the other hand, directed Congress to enact an organic act for these
autonomous regions to concretely carry into effect the granted autonomy.
Section 18. The Congress shall enact an organic act for each autonomous region with the
assistance and participation of the regional consultative commission composed of representatives
appointed by the President from a list of nominees from multisectoral bodies. The organic act
shall define the basic structure of government for the region consisting of the executive
department and legislative assembly, both of which shall be elective and representative of the
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constituent political units. The organic acts shall likewise provide for special courts with
personal, family and property law jurisdiction consistent with the provisions of this Constitution
and national laws.
The creation of the autonomous region shall be effective when approved by a majority of the
votes cast by the constituent units in a plebiscite called for the purpose, provided that onlyprovinces, cities, and geographic areas voting favorably in such plebiscite shall be included in
the autonomous region.
On August 1, 1989 or two years after the effectivity of the 1987 Constitution, Congress acted
through Republic Act (RA) No. 6734 entitled An Act Providing for an Organic Act for the
Autonomous Region in Muslim Mindanao. A plebiscite was held on November 6, 1990 as
required by Section 18(2), Article X of RA No. 6734, thus fully establishing the Autonomous
Region of Muslim Mindanao (ARMM). The initially assenting provinces were Lanao del Sur,
Maguindanao,
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Sulu and Tawi-tawi. RA No. 6734 scheduled the first regular elections for the regional officials
of the ARMM on a date not earlier than 60 days nor later than 90 days after its ratification.
RA No. 9054 (entitled An Act to Strengthen and Expand the Organic Act for the Autonomous
Region in Muslim Mindanao, Amending for the Purpose Republic Act No. 6734, entitled An Act
Providing for the Autonomous Region in Muslim Mindanao, as Amended) was the next
legislative act passed. This law provided further refinement in the basic ARMM structure first
defined in the original organic act, and reset the regular elections for the ARMM regional
officials to the second Monday of September 2001.
Congress passed the next law affecting ARMMRA No. 91401on June 22, 2001. This law
reset the first regular elections originally scheduled under RA No. 9054, to November 26, 2001.
It likewise set the plebiscite to ratify RA No. 9054 to not later than August 15, 2001.
RA No. 9054 was ratified in a plebiscite held on August 14, 2001. The province of Basilan and
Marawi City voted to join ARMM on the same date.
RA No. 93332 was subsequently passed by Congress to reset the ARMM regional elections to
the 2nd Monday of August 2005, and on the same date every 3 years thereafter. Unlike RA No.
6734 and RA No. 9054, RA No. 9333 was not ratified in a plebiscite.
_______________
1 Entitled An act fixing the date of the plebiscite for the approval of the amendments to
Republic Act No. 6734 and setting the date of the regular elections for elective officials of the
Autonomous Region in Muslim Mindanao on the last Monday of November 2001, amending for
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the purpose Republic Act No. 9054, entitled An Act to Strengthen and Expand the Organic Act
for the Autonomous Region in Muslim Mindanao, amending for the purpose Republic Act No.
6734, entitled An Act Providing for the Autonomous Region in Muslim Mindanao, as
amended, and for other purposes.
2 Entitled An Act amending fixing the Date or Regular elections for Elective Officials of theAutonomous Region in Muslim Mindanao pursuant to Republic Act No. 9054, entitled An Act
to Strengthen and Expand the Organic Act for the Autonomous Region in Muslim Mindanao,
amending for the purpose Republic Act No. 6734, entitled An Act Providingfor an Organic Act
for the Autonomous Region in Muslim Mindanao, as amended
283
Pursuant to RA No. 9333, the next ARMM regional elections should have been held on August
8, 2011. COMELEC had begun preparations for these elections and had accepted certificates of
candidacies for the various regional offices to be elected. But on June 30, 2011, RA No. 10153
was enacted, resetting the ARMM elections to May 2013, to coincide with the regular national
and local elections of the country.
RA No. 10153 originated in the House of Representatives as House Bill (HB) No. 4146, seeking
the postponement of the ARMM elections scheduled on August 8, 2011. On March 22, 2011, the
House of Representatives passed HB No. 4146, with one hundred ninety one (191) Members
voting in its favor.
After the Senate received HB No. 4146, it adopted its own version, Senate Bill No. 2756 (SB No.2756), on June 6, 2011. Thirteen (13) Senators voted favorably for its passage. On June 7, 2011,
the House of Representative concurred with the Senate amendments, and on June 30, 2011, the
President signed RA No. 10153 into law.
As mentioned, the early challenge to RA No. 10153 came through a petition filed with this
CourtG.R. No. 1962713assailing the constitutionality of both HB No. 4146 and SB No.
2756, and challenging the validity of RA No. 9333 as well for non-compliance with the
constitutional plebiscite requirement. Thereafter, petitioner Basari Mapupuno in G.R. No.
196305 filed another petition4 also assailing the validity of RA No. 9333.
_______________
3 Filed by petitioners Datu Michael Abas Kida, in his personal capacity, and in representation of
Maguindanao Federation of Autonomous Irrigators Association, Inc., Hadji Muhmina Usman,
John Anthony L. Lim, Jamilon T. Odin, Asrin Timbol Jaiyari, Mujib M. Kalang, Alih Al-Saidi J.
Sapi-e, Kessar Damsie Abdil, and Bassam Aluh Saupi.
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4 Petition for Prohibition with Very Urgent Prayer for the Issuance of a Writ of Preliminary
Injunction and/or Temporary Restraining Order dated April 11, 2011 was filed against Sixto
Brillantes, as Chairperson of COMELEC, to challenge the effectivity of RA No. 9333 for not
having been submitted to a plebiscite. Since RA No. 9333 is inoperative, any other law seeking
to amend it is also null and void.
284
With the enactment into law of RA No. 10153, the COMELEC stopped its preparations for the
ARMM elections. The law gave rise as well to the filing of the following petitions against its
constitutionality:
a) Petition for Certiorari and Prohibition5 filed by Rep. Edcel Lagman as a member of the
House of Representatives against Paquito Ochoa, Jr. (in his capacity as the Executive Secretary)
and the COMELEC, docketed as G.R. No. 197221;
b.) Petition for Mandamus and Prohibition6 filed by Atty. Romulo Macalintal as a taxpayer
against the COMELEC, docketed as G.R. No. 197282;
c.) Petition for Certiorari and Mandamus, Injunction and Preliminary Injunction7 filed by
Louis Barok Biraogo against the COMELEC and Executive Secretary Paquito N. Ochoa, Jr.,
docketed as G.R. No. 197392; and
d.) Petition for Certiorari and Mandamus8 filed by Jacinto Paras as a member of the House of
Representatives against Executive Secretary Paquito Ochoa, Jr. and the COMELEC, docketed as
G.R. No. 197454.
Petitioners Alamarim Centi Tillah and Datu Casan Conding Cana as registered voters from the
ARMM, with the Partido Demokratiko Pilipino Lakas ng Bayan (a political party with
candidates in the ARMM regional elections scheduled for August 8, 2011), also filed a Petition
for Prohibition and Mandamus9 against the COMELEC,
_______________
5 With Prayer for the Issuance of a Temporary Restraining Order and/or Writs of Preliminary
Prohibitive and Mandatory Injunction dated June 30, 2011.
6 With Extremely Urgent Application for the Issuance of a Status Quo Order and Writ of
Preliminary Mandatory Injunction dated July 1, 2011.
7 With Prayer for the issuance of a Temporary Restraining Order dated July 12, 2011.
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8 With Injunction and Preliminary Injunction with prayer for temporary restraining order dated
July 11, 2011.
9 With Prayer for Temporary Restraining Order and the Issuance of Writs of Preliminary
Injunction, Both Prohibitory and Mandatory dated July 1, 2011.
285
docketed as G.R. No. 197280, to assail the constitutionality of RA No. 9140, RA No. 9333 and
RA No. 10153.
Subsequently, Anak Mindanao Party-List, Minority Rights Forum Philippines, Inc. and
Bangsamoro Solidarity Movement filed their own Motion for Leave to Admit their Motion for
Intervention and Comment-in-Intervention dated July 18, 2011. On July 26, 2011, the Court
granted the motion. In the same Resolution, the Court ordered the consolidation of all the
petitions relating to the constitutionality of HB No. 4146, SB No. 2756, RA No. 9333, and RA
No. 10153.
Oral arguments were held on August 9, 2011 and August 16, 2011. Thereafter, the parties were
instructed to submit their respective memoranda within twenty (20) days.
On September 13, 2011, the Court issued a temporary restraining order enjoining the
implementation of RA No. 10153 and ordering the incumbent elective officials of ARMM to
continue to perform their functions should these cases not be decided by the end of their term on
September 30, 2011.
The Arguments
The petitioners assailing RA No. 9140, RA No. 9333 and RA No. 10153 assert that these laws
amend RA No. 9054 and thus, have to comply with the supermajority vote and plebiscite
requirements prescribed under Sections 1 and 3, Article XVII of RA No. 9094 in order to
become effective.
The petitions assailing RA No. 10153 further maintain that it is unconstitutional for its failure to
comply with the three-reading requirement of Section 26(2), Article VI of the Constitution. Also
cited as grounds are the alleged violations of the right of suffrage of the people of ARMM, aswell as the failure to adhere to the elective and representative character of the executive and
legislative departments of the ARMM. Lastly, the petitioners challenged the grant to the
President of the power to appoint OICs to undertake the functions of the elective ARMM
officials until the officials elected under the May 2013 regular elections shall have assumed
office. Corollarily, they also argue that the power of appointment also gave the Presi-
286
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dent the power of control over the ARMM, in complete violation of Section 16, Article X of the
Constitution.
The Issues
From the parties submissions, the following issues were recognized and argued by the parties in
the oral arguments of August 9 and 16, 2011:
I. Whether the 1987 Constitution mandates the synchronization of elections
II. Whether the passage of RA No. 10153 violates Section 26(2), Article VI of the 1987
Constitution
III. Whether the passage of RA No. 10153 requires a supermajority vote and plebiscite
A. Does the postponement of the ARMM regular elections constitute an amendment to Section7, Article XVIII of RA No. 9054?
B. Does the requirement of a supermajority vote for amendments or revisions to RA No. 9054
violate Section 1 and Section 16(2), Article VI of the 1987 Constitution and the corollary
doctrine on irrepealable laws?
C. Does the requirement of a plebiscite apply only in the creation of autonomous regions under
paragraph 2, Section 18, Article X of the 1987 Constitution?
IV. Whether RA No. 10153 violates the autonomy granted to the ARMM
V. Whether the grant of the power to appoint OICs violates:
A. Section 15, Article X of the 1987 Constitution
B. Section 16, Article X of the 1987 Constitution
C. Section 18, Article X of the 1987 Constitution
VI. Whether the proposal to hold special elections is constitutional and legal.
287
We shall discuss these issues in the order they are presented above.
Our Ruling
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We resolve to DISMISS the petitions and thereby UPHOLD the constitutionality of RA No.
10153 in toto.
I. Synchronization as a recognized constitutional mandate
The respondent Office of the Solicitor General (OSG) argues that the Constitution mandatessynchronization, and in support of this position, cites Sections 1, 2 and 5, Article XVIII
(Transitory Provisions) of the 1987 Constitution, which provides:
Section 1. The first elections of Members of the Congress under this Constitution shall be held
on the second Monday of May, 1987.
The first local elections shall be held on a date to be determined by the President, which may be
simultaneous with the election of the Members of the Congress. It shall include the election of all
Members of the city or municipal councils in the Metropolitan Manila area.
Section 2. The Senators, Members of the House of Representatives and the local officials firstelected under this Constitution shall serve until noon of June 30, 1992.
Of the Senators elected in the election in 1992, the first twelve obtaining the highest number of
votes shall serve for six year and the remaining twelve for three years.
xxx
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.
The first regular elections for President and Vice-President under this Constitution shall be held
on the second Monday of May, 1992.
We agree with this position.
While the Constitution does not expressly state that Congress has to synchronize national and
local elections, the clear intent towards
288
this objective can be gleaned from the Transitory Provisions (Article XVIII) of theConstitution,10 which show the extent to which the Constitutional Commission, by deliberately
making adjustments to the terms of the incumbent officials, sought to attain synchronization of
elections.11
The objective behind setting a common termination date for all elective officials, done among
others through the shortening the terms of the twelve winning senators with the least number of
votes, is to synchronize the holding of all future electionswhether national
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_______________
10 Section 1. The first elections of Members of the Congress under this Constitution shall be
held on the second Monday of May, 1987.
The first local elections shall be held on a date to be determined by the President, which may besimultaneous with the election of the Members of the Congress. It shall include the election of all
Members of the city or municipal councils in the Metropolitan Manila area.
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.
Of the Senators elected in the election in 1992, the first twelve obtaining the highest number of
votes shall serve for six years and the remaining twelve for three years.
xxx
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.
The first regular elections for President and Vice President under this Constitution shall be held
on the second Monday of May, 1992. [emphasis ours]
11 To illustrate, while Section 8, Article X of the Constitution fixes the term of office of elective
local officials at three years, under the above-quoted provisions, the terms of the incumbent local
officials who were elected in January 1988, which should have expired on February 2, 1991,
were fixed to expire at noon of June 30, 1992. In the same vein, the terms of the incumbentPresident and Vice President who were elected in February 1986 were extended to noon of June
30, 1992. On the other hand, in order to synchronize the elections of the Senators, who have six-
year terms, the twelve Senators who obtained the lowest votes during the 1992 elections were
made to serve only half the time of their terms.
289
or localto once every three years.12 This intention finds full support in the discussions during
the Constitutional Commission deliberations.13
_______________
12 Joaquin Bernas, S.J., The 1987 Constitution of the Republic of the Philippines: A
Commentary (1996 ed.), p. 1199, citing Records of the Constitutional Commission, Vol. V, p.
429-4.
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13 MR. MAAMBONG. For purposes of identification, I will now read a section which we will
temporarily indicate as Section 14. It reads: THE SENATORS, MEMBERS OF THE HOUSE
OF REPRESENTATIVES AND THE LOCAL OFFICIALS ELECTED IN THE FIRST
ELECTION SHALL SERVE FOR FIVE YEARS, TO EXPIRE AT NOON OF JUNE 1992.
This was presented by Commissioner Davide, so may we ask that Commissioner Davide berecognized.
THE PRESIDING OFFICER (Mr. Rodrigo). Commissioner Davide is recognized.
MR. DAVIDE. Before going to the proposed amendment, I would only state that in view of the
action taken by the Commission on Section 2 earlier, I am formulating a new proposal. It will
read as follows: 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.
I proposed this because of the proposed section of the Article on Transitory Provisions giving a
term to the incumbent President and Vice-President until 1992. Necessarily then, since the term
provided by the Commission for Members of the Lower House and for local officials is three
years, if there will be an election in 1987, the next election for said officers will be in 1990, and
it would be very close to 1992. We could never attain, subsequently, any synchronization of
election which is once every three years.
So under my proposal we will be able to begin actual synchronization in 1992, and consequently,
we should not have a local election or an election for Members of the Lower House in 1990 for
them to be able to complete their term of three years each. And if we also stagger the Senate,
upon the first election it will result in an election in 1993 for the Senate alone, and there will be
an election for 12 Senators in 1990. But for the remaining 12 who will be elected in 1987, if their
term is for six years, their election will be in 1993. So, consequently we will have elections in
1990, in 1992 and in 1993. The later election will be limited to only 12 Senators and of course to
local officials and the Members of the Lower House. But, definitely, thereafter we can never
have an election once every three years, therefore
290
These Constitutional Commission exchanges, read with the provisions of the Transitory
Provisions of the Constitution, all serve as
_______________
defeating the very purpose of the Commission when we adopted the term of six years for the
President and another six years for the Senators with the possibility of staggering with 12 to
serve for six years and 12 for three years insofar as the first Senators are concerned. And so my
proposal is the only way to effect the first synchronized election which would mean, necessarily,
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a bonus of two years to the Members of the Lower House and a bonus of two years to the local
elective officials.
THE PRESIDING OFFICER (Mr. Rodrigo). What does the committee say?
MR. DE CASTRO. Mr. Presiding Officer.
THE PRESIDING OFFICER (Mr. Rodrigo). Commissioner de Castro is recognized.
MR. DE CASTRO. Thank you.
During the discussion on the legislative and the synchronization of elections, I was the one who
proposed that in order to synchronize the elections every three years, which the body approved
the first national and local officials to be elected in 1987 shall continue in office for five
years, the same thing the Honorable Davide is now proposing. That means they will all serve
until 1992, assuming that the term of the President will be for six years and continue beginning
in 1986. So from 1992, we will again have national, local and presidential elections. This time, in1992, the President shall have a term until 1998 and the first twelve Senators will serve until
1998, while the next 12 shall serve until 1995, and then the local officials elected in 1992 will
serve until 1995. From then on, we shall have an election every three years.
So, I will say that the proposition of Commissioner Davide is in order, if we have to synchronize
our elections every three years which was already approved by the body.
Thank you, Mr. Presiding Officer.
xxx xxx xxx
MR. GUINGONA. What will be synchronized, therefore, is the election of the incumbent
President and Vice-President in 1992.
MR. DAVIDE. Yes.
MR. GUINGONA. Not the reverse. Will the committee not synchronize the election of the
Senators and local officials with the election of the President?
291
patent indicators of the constitutional mandate to hold synchronized national and local elections,starting the second Monday of May, 1992 and for all the following elections.
This Court was not left behind in recognizing the synchronization of the national and local
elections as a constitutional mandate. In Osmea v. Commission on Elections,14 we explained:
It is clear from the aforequoted provisions of the 1987 Constitution that the terms of office of
Senators, Members of the House of Representatives, the local officials, the President and the
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Vice-President have been synchronized to end on the same hour, date and yearnoon of June
30, 1992.
It is likewise evident from the wording of the above-mentioned Sections that the term of
synchronization is used synonymously as the phrase holding simultaneously since this is the
precise intent in terminating their Office Tenure on the same day or occasion. This commontermination date will synchronize future elections to once every three years (Bernas, the
Constitution of the Republic of the Philippines, Vol. II, p. 605).
That the election for Senators, Members of the House of Representatives and the local officials
(under Sec. 2, Art. XVIII) will have to be synchronized with the election for President and Vice
President (under Sec. 5, Art. XVIII) is likewise evident from the x x x records of the proceedings
in the Constitutional Commission. [Emphasis supplied.]
Although called regional elections, the ARMM elections should be included among the elections
to be synchronized as it is a local election based on the wording and structure of theConstitution.
_______________
MR. DAVIDE. It works both ways, Mr. Presiding Officer. The attempt here is on the assumption
that the provision of the Transitory Provisions on the term of the incumbent President and Vice-
President would really end in 1992.
MR. GUINGONA. Yes.
MR. DAVIDE. In other words, there will be a single election in 1992 for all, from the President
up to the municipal officials. [emphasis ours] (V Record of the Constitutional Commission, pp.
429-431; October 3, 1986)
14 G.R. Nos. 100318, 100308, 100417 and 100420, July 30, 1991, 199 SCRA 750, 758.
292
A basic rule in constitutional construction is that the words used should be understood in the
sense that they have in common use and given their ordinary meaning, except when technical
terms are employed, in which case the significance thus attached to them prevails.15 As this
Court explained in People v. Derilo,16 [a]s the Constitution is not primarily a lawyers
document, its language should be understood in the sense that it may have in common. Its words
should be given their ordinary meaning except where technical terms are employed.
Understood in its ordinary sense, the word local refers to something that primarily serves the
needs of a particular limited district, often a community or minor political subdivision.17
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Regional elections in the ARMM for the positions of governor, vice-governor and regional
assembly representatives obviously fall within this classification, since they pertain to the elected
officials who will serve within the limited region of ARMM.
From the perspective of the Constitution, autonomous regions are considered one of the forms of
local governments, as evident from Article X of the Constitution entitled Local Government.Autonomous regions are established and discussed under Sections 15 to 21 of this Articlethe
article wholly devoted to Local Government. That an autonomous region is considered a form of
local government is also reflected in Section 1, Article X of the Constitution, which provides:
Section 1. The territorial and political subdivisions of the Republic of the Philippines are the
provinces, cities, municipalities, and barangays. There shall be autonomous regions in Muslim
Mindanao, and the Cordilleras as hereinafter provided.
_______________
15 J.M. Tuason & Co., Inc. v. Land Tenure Administration, G.R. No. 21064, February 18, 1970,
31 SCRA 413; Ordillo v. Commission on Elections, 192 SCRA 100 (1990).
16 271 SCRA 633, 668 (1997); Occena v. Commission on Elections, G.R. No. 52265, January
28, 1980, 95 SCRA 755.
17 Websters Third New International Dictionary Unabridged, p. 1327 (1993).
293
Thus, we find the contentionthat the synchronization mandated by the Constitution does not
include the regional elections of the ARMMunmeritorious. We shall refer to synchronizationin the course of our discussions below, as this concept permeates the consideration of the various
issues posed in this case and must be recalled time and again for its complete resolution.
II. The Presidents Certification on the Urgency of RA No. 10153
The petitioners in G.R. No. 197280 also challenge the validity of RA No. 10153 for its alleged
failure to comply with Section 26(2), Article VI of the Constitution18 which provides that before
bills passed by either the House or the Senate can become laws, they must pass through three
readings on separate days. The exception is when the President certifies to the necessity of the
bills immediate enactment.
The Court, in Tolentino v. Secretary of Finance,19 explained the effect of the Presidents
certification of necessity in the following manner:
The presidential certification dispensed with the requirement not only of printing but also that
of reading the bill on separate days. The phrase except when the President certifies to the
necessity of its immediate enactment, etc. in Art. VI, Section 26[2] qualifies the two stated
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conditions before a bill can become a law: [i] the bill has passed three readings on separate days
and [ii] it has been printed in its final form and distributed three days before it is finally
approved.
xxx
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18 Section 26(2) No bill passed by either House shall become a law unless it has passed three
readings on separate days, and printed copies thereof in its final form have been distributed to its
Members three days before its passage, except when the President certifies to the necessity of its
immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no
amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter,
and the yeas and nays entered in the Journal.
19 G.R. No. 115455, August 25, 1994, 235 SCRA 630.
294
That upon the certification of a bill by the President, the requirement of three readings on
separate days and of printing and distribution can be dispensed with is supported by the weight
of legislative practice. For example, the bill defining the certiorari jurisdiction of this Court
which, in consolidation with the Senate version, became Republic Act No. 5440, was passed on
second and third readings in the House of Representatives on the same day [May 14, 1968] after
the bill had been certified by the President as urgent.
In the present case, the records show that the President wrote to the Speaker of the House of
Representatives to certify the necessity of the immediate enactment of a law synchronizing the
ARMM elections with the national and local elections.20 Following our Tolentino ruling,
_______________
20 A copy of the letter that the President wrote to Honorable Feliciano Belmonte, Jr. as Speaker
of the House of Representatives dated March 4, 2011 is reproduced below:
OFFICE OF THE PRESIDENT
of the Philippines
Malacaang
14 March 2011
HON. FELICIANO R. BELMONTE, JR.
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Speaker
House of Representatives
Quezon City
Dear Speaker Belmonte:
Pursuant to the provisions of Article VI, Section 26 (2) of the 1987 Constitution, I hereby certify
to the necessity of the immediate enactment of House Bill No. 4146, entitled:
AN ACT PROVIDING FOR THE SYNCHRONIZATION OF THE ELECTIONS AND THE
TERM OF OFFICE OF THE ELECTIVE OFFICIALS OF THE AUTONOMOUS REGION IN
MUSLIM MINDANAO (ARMM) WITH THOSE OF THE NATIONAL AND OTHER LOCAL
OFFICIALS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9333, ENTITLED AN
ACT FIXING THE DATE FOR REGULAR ELECTIONS FOR ELECTIVE OFFICIALS OF
THE AUTONOMOUS REGION IN MUSLIM MINDANAO, AND FOR OTHERPURPOSES
to address the urgent need to protect and strengthen ARMMs autonomy by synchronizing its
elections with the regular elections of national and other local officials, to ensure that the on-
going peace talks in the region will not be hindered,
295
the Presidents certi-fication exempted both the House and the Senate from having to comply
with the three separate readings requirement.
On the follow-up contention that no necessity existed for the immediate enactment of these bills
since there was no public calamity or emergency that had to be met, again we hark back to our
ruling in Tolentino:
The sufficiency of the factual basis of the suspension of the writ of habeas corpus or declaration
of martial law Art. VII, Section 18, or the existence of a national emergency justifying the
delegation of extraordinary powers to the President under Art. VI, Section 23(2) is subject to
judicial review because basic rights of individuals may be of hazard. But the factual basis of
presidential certification of bills, which involves doing away with procedural requirements
designed to insure that bills are duly considered by members of Congress, certainly should elicita different standard of review. [Emphasis supplied.]
The House of Representatives and the Senatein the exercise of their legislative discretion
gave full recognition to the Presidents certification and promptly enacted RA No. 10153. Under
the circumstances, nothing short of grave abuse of discretion on the part of the two houses of
Congress can justify our intrusion under our power of judicial review.21
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_______________
and to provide a mechanism to institutionalize electoral reforms in the interim, all for the
development, peace and security of the region.
Best wishes.
Very truly yours,
(Sgd.) BENIGNO SIMEON C. AQUINO III
cc: HON. JUAN PONCE ENRILE
Senate President
Philippine Senate
Pasay City
Taken from: http://www.congress.gov.ph/download/congrec/15th/1st/15C_1RS-64b-031611.pdf.
Last accessed on September 26, 2011.
21 See Gutierrez v. House of Representatives, G.R. No. 193459, February 15, 2011, 643 SCRA
198.
296
The petitioners, however, failed to provide us with any cause or justification for this course of
action. Hence, while the judicial department and this Court are not bound by the acceptance ofthe Presidents certification by both the House of Representatives and the Senate, prudent
exercise of our powers and respect due our co-equal branches of government in matters
committed to them by the Constitution, caution a stay of the judicial hand.22
In any case, despite the Presidents certification, the two-fold purpose that underlies the
requirement for three readings on separate days of every bill must always be observed to enable
our legislators and other parties interested in pending bills to intelligently respond to them.
Specifically, the purpose with respect to Members of Congress is: (1) to inform the legislators of
the matters they shall vote on and (2) to give them notice that a measure is in progress through
the enactment process.23
We find, based on the records of the deliberations on the law, that both advocates and the
opponents of the proposed measure had sufficient opportunities to present their views. In this
light, no reason exists to nullify RA No. 10153 on the cited ground.
III. A. RA No. 9333 and RA No. 10153 are not amendments to RA No. 9054
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The effectivity of RA No. 9333 and RA No. 10153 has also been challenged because they did
not comply with Sections 1 and 3, Article XVII of RA No. 9054 in amending this law. These
provisions require:
Section 1. Consistent with the provisions of the Constitution, this Organic Act may be
reamended or revised by the Congress of the Philippines upon a vote of two-thirds (2/3) of theMembers of the House of Representatives and of the Senate voting separately.
_______________
22 Tolentino v. Secretary of Finance, G.R. No. 115455, October 30, 1995. 249 SCRA 629.
23 Tolentino, id., citing 1 J. G. Sutherland, Statutes and Statutory Construction 10.04, p. 282
(1972).
297
Section 3. Any amendment to or revision of this Organic Act shall become effective only
when approved by a majority of the vote cast in a plebiscite called for the purpose, which shall
be held not earlier than sixty (60) days or later than ninety (90) days after the approval of such
amendment or revision.
We find no merit in this contention.
In the first place, neither RA No. 9333 nor RA No. 10153 amends RA No. 9054. As an
examination of these laws will show, RA No. 9054 only provides for the schedule of the firstARMM elections and does not fix the date of the regular elections. A need therefore existed for
the Congress to fix the date of the subsequent ARMM regular elections, which it did by enacting
RA No. 9333 and thereafter, RA No. 10153. Obviously, these subsequent lawsRA No. 9333
and RA No. 10153cannot be considered amendments to RA No. 9054 as they did not change
or revise any provision in the latter law; they merely filled in a gap in RA No. 9054 or
supplemented the law by providing the date of the subsequent regular elections.
This viewthat Congress thought it best to leave the determination of the date of succeeding
ARMM elections to legislative discretionfinds support in ARMMs recent history.
To recall, RA No. 10153 is not the first law passed that rescheduled the ARMM elections. The
First Organic ActRA No. 6734not only did not fix the date of the subsequent elections; it
did not even fix the specific date of the first ARMM elections,24 leaving the date to be fixed in
another legislative enactment. Consequently, RA No. 7647,25 RA No.
_______________
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24 Section 7, Article XIX of RA No. 6734 states: The first regular elections of the Regional
Governor, Vice-Governor and Members of the Regional Assembly under this Organic Act shall
be held not earlier than sixty (60) days or later than ninety (90) days after the ratification of this
Act. The Commission on Elections shall promulgate such rules and regulations as may be
necessary for the conduct of said election.
25 Entitled An Act Providing for the Date of Regular Elections for Regional Governor,
Regional Vice-Governor and Members of the Regional Legislative Assembly for the
Autonomous Region in Muslim Mindanao and for other purposes, which fixed the date of the
ARMM elections on the second Monday after the Muslim month of Ramadhan.
298
8176,26 RA No. 8746,27 RA No. 8753,28 and RA No. 901229 were all enacted by Congress to
fix the dates of the ARMM elections. Since these laws did not change or modify any part or
provision of RA No. 6734, they were not amendments to this latter law. Consequently, there wasno need to submit them to any plebiscite for ratification.
The Second Organic ActRA No. 9054which lapsed into law on March 31, 2001, provided
that the first elections would be held on the second Monday of September 2001. Thereafter,
Congress passed RA No. 914030 to reset the date of the ARMM elections. Significantly,
_______________
26 Entitled An Act Changing the Date of Elections for the Elective Officials of the Autonomous
Region for Muslim Mindanao, Amending for the Purpose Section One of Republic Act
Numbered Seventy-Six Hundred and Forty-Seven Entitled An Act Providing for the Date of theRegular Elections for Regional Governor, Regional Vice-Governor and Members of the
Regional Legislative Assembly for the Autonomous Region in Muslim Mindanao and for other
purposes, which changed the date of the ARMM elections to the second Monday of March,
1993 and every three (3) years thereafter.
27 Entitled An Act Providing for the Date of the Regular Elections of Regional Governor,
Regional Vice-Governor and Members of the Regional Legislative Assembly of the Autonomous
Region in Muslim Mindanao (ARMM) Further Amending for the Purpose Republic Act No.
7647 entitled An Act Providing for the Date of Regular Elections for Regional Governor,
Regional Vice-Governor and Members of the Regional Legislative Assembly for theAutonomous Region in Muslim Mindanao and for other purposes, As Amended, and for other
purposes, which moved the regional elections to the second Monday of September and every
three (3) years thereafter.
28 Entitled An Act Resetting the Regular Elections for the Elective Officials of the
Autonomous Region in Muslim Mindanao Provided for Under Republic Act No. 8746 and for
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other purposes, which reset the regional elections, scheduled on September 13, 1999, to the
second Monday of September 2000.
29 Entitled An Act Resetting the Regular Elections for Elective Officials of the Autonomous
Region in Muslim Mindanao to the Second Monday of September 2001, Amending for the
Purpose Republic Act No. 8953, which reset the May 2001 elections in ARMM to September2001.
30 Entitled An Act Fixing the Date of the Plebiscite for the Approval of the Amendments to
Republic Act No. 6734 and setting the date of the regular elections for elective officials of the
Autonomous Region in Muslim Mindanao
299
while RA No. 9140 also scheduled the plebiscite for the ratification of the Second Organic Act
(RA No. 9054), the new date of the ARMM regional elections fixed in RA No. 9140 was not
among the provisions ratified in the plebiscite held to approve RA No. 9054. Thereafter,
Congress passed RA No. 9333,31 which further reset the date of the ARMM regional elections.
Again, this law was not ratified through a plebiscite.
From these legislative actions, we see the clear intention of Congress to treat the laws which fix
the date of the subsequent ARMM elections as separate and distinct from the Organic Acts.
Congress only acted consistently with this intent when it passed RA No. 10153 without requiring
compliance with the amendment prerequisites embodied in Section 1 and Section 3, Article XVII
of RA No. 9054.
III. B. Supermajority voting requirement unconstitutional for giving RA No. 9054 thecharacter of an irrepealable law
Even assuming that RA No. 9333 and RA No. 10153 did in fact amend RA No. 9054, the
supermajority (2/3) voting requirement required under Section 1, Article XVII of RA No.
905432 has to be struck
_______________
on the Last Monday of November 2001, Amending for the Purpose Republic Act No. 9054,
Entitled An Act to Strengthen and Expand the Organic Act for the Autonomous Region in
Muslim Mindanao, Amending for the Purpose Republic Act No. 6734, Entitled An ActProviding for the Autonomous Region in Muslim Mindanao, as amended, and For Other
Purposes.
31 Entitled An Act Fixing theDate of Regular Elections for Elective Officials of the
Autonomous Region in Muslim Mindanao Pursuant to Republic Act No. 9054, Entitled An Act
to Strengthen and Expand the Organic Act for the Autonomous Region in Muslim Mindanao,
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Amending for the Purpose Republic Act No. 6734, Entitled An Act Providing for an Organic
Act for the Autonomous Region in Muslim Mindanao, as Amended, which rescheduled the
ARMM regional elections scheduled for the last Monday of November 2004 to the second
Monday of August 2005.
32 Section 1. Consistent with the provisions of the Constitution, this Organic Act may bereamended or revised by the Congress of the Philippines upon a vote of two-thirds (2/3) of the
Members of the House of Representatives and of the Senate voting separately.
300
down for giving RA No. 9054 the character of an irrepealable law by requiring more than what
the Constitution demands.
Section 16(2), Article VI of the Constitution provides that a majority of each House shall
constitute a quorum to do business. In other words, as long as majority of the members of the
House of Representatives or the Senate are present, these bodies have the quorum needed to
conduct business and hold session. Within a quorum, a vote of majority is generally sufficient to
enact laws or approve acts.
In contrast, Section 1, Article XVII of RA No. 9054 requires a vote of no less than two-thirds
(2/3) of the Members of the House of Representatives and of the Senate, voting separately, in
order to effectively amend RA No. 9054. Clearly, this 2/3 voting requirement is higher than what
the Constitution requires for the passage of bills, and served to restrain the plenary powers of
Congress to amend, revise or repeal the laws it had passed. The Courts pronouncement in City
of Davao v. GSIS33 on this subject best explains the basis and reason for the unconstitutionality:
Moreover, it would be noxious anathema to democratic principles for a legislative body to have
the ability to bind the actions of future legislative body, considering that both assemblies are
regarded with equal footing, exercising as they do the same plenary powers. Perpetual
infallibility is not one of the attributes desired in a legislative body, and a legislature which
attempts to forestall future amendments or repeals of its enactments labors under delusions of
omniscience.
xxx
A state legislature has a plenary law-making power over all subjects, whether pertaining to
persons or things, within its territorial jurisdiction, either to introduce new laws or repeal the old,
unless prohibited expressly or by implication by the federal constitution or limited or restrained
by its own. It cannot bind itself or its successors by enacting irrepealable laws except when so
restrained. Every legislative body may modify or abolish the acts passed by itself or its
predecessors. This power of repeal may be exercised at the same session at which the original act
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was passed; and even while a bill is in its progress and before it becomes a law. This legislature
cannot bind
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33 G.R. No. 127383, August 18, 2005, 467 SCRA 280.
301
a future legislature to a particular mode of repeal. It cannot declare in advance the intent of
subsequent legislatures or the effect of subsequent legislation upon existing statutes.34
(Emphasis ours.)
Thus, while a supermajority is not a total ban against a repeal, it is a limitation in excess of what
the Constitution requires on the passage of bills and is constitutionally obnoxious because it
significantly constricts the future legislators room for action and flexibility.
III. C. Section 3, Article XVII of RA No. 9054 excessively enlarged the plebiscite requirement
found in Section 18, Article X of the Constitution
The requirements of RA No. 9054 not only required an unwarranted supermajority, but enlarged
as well the plebiscite requirement, as embodied in its Section 3, Article XVII of that Act. As we
did on the supermajority requirement, we find the enlargement of the plebiscite requirement
required under Section 18, Article X of the Constitution to be excessive to point of absurdity and,
hence, a violation of the Constitution.
Section 18, Article X of the Constitution states that the plebiscite is required only for the creation
of autonomous regions and for determining which provinces, cities and geographic areas will beincluded in the autonomous regions. While the settled rule is that amendments to the Organic Act
have to comply with the plebiscite requirement in order to become effective,35 questions on the
extent of the
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34 Id., at pp. 295-297, citing Duarte v. Dade, 32 Phil. 36 (1915); Lewis Southerland on Statutory
Construction, Vol. 1, Section 244, pp. 456-457.
35 This has been established by the following exchange during the Constitutional Commission
debates:
FR. BERNAS. So, the questions I have raised so far with respect to this organic act are: What
segment of the population will participate in the plebiscite? In what capacity would the
legislature be acting when it passes this? Will it be a constituent assembly or merely a legislative
body? What is the nature, therefore, of this organic act in relation to ordinary statutes and the
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The date of the ARMM elections does not fall under any of the matters that the Constitution
specifically mandated Congress to provide for in the Organic Act. Therefore, even assuming that
the supermajority votes and the plebiscite requirements are valid, any change in the date of
elections cannot be construed as a substantial amendment of the Organic Act that would require
compliance with these requirements.
IV. The synchronization issue
As we discussed above, synchronization of national and local elections is a constitutional
mandate that Congress must provide for and this synchronization must include the ARMM
elections. On this point, an existing law in fact already existsRA No. 7166as the forerunner
of the current RA No. 10153. RA No. 7166 already provides for the synchronization of local
elections with the national and congressional elections. Thus, what RA No. 10153 provides is an
old matter for local governments (with the exception of barangay and Sanggunian Kabataan
elections where the terms are not constitutionally provided) and is technically a reiteration of
what is already reflected in the law, given that regional elections are in reality local elections byexpress constitutional recognition.37
To achieve synchronization, Congress necessarily has to reconcile the schedule of the ARMMs
regular elections (which should have been held in August 2011 based on RA No. 9333) with the
fixed schedule of the national and local elections (fixed by RA No. 7166 to be held in May
2013).
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(3) Ancestral domain and natural resources;
(4) Personal, family, and property relations;
(5) Regional urban and rural planning development;
(6) Economic, social, and tourism development;
(7) Educational policies;
(8) Preservation and development of the cultural heritage; and
(9) Such other matters as may be authorized by law for the promotion of the general welfare of
the people of the region.
37 See discussions at pp. 14-15.
304
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During the oral arguments, the Court identified the three options open to Congress in order to
resolve this problem. These options are: (1) to allow the elective officials in the ARMM to
remain in office in a hold over capacity, pursuant to Section 7(1), Article VII of RA No. 9054,
until those elected in the synchronized elections assume office;38 (2) to hold special elections in
the ARMM, with the terms of those elected to expire when those elected in the synchronized
elections assume office; or (3) to authorize the President to appoint OICs, pursuant to Section 3
of RA No. 10153, also until those elected in the synchronized elections assume office.
As will be abundantly clear in the discussion below, Congress, in choosing to grant the President
the power to appoint OICs, chose the correct option and passed RA No. 10153 as a completely
valid law.
V. The Constitutionality of RA No. 10153
A. Basic Underlying Premises
To fully appreciate the available options, certain underlying material premises must be fully
understood. The first is the extent of the powers of Congress to legislate; the second is the
constitutional mandate for the synchronization of elections; and the third is on the concept of
autonomy as recognized and established under the 1987 Constitution.
The grant of legislative power to Congress is broad, general and comprehensive.39 The
legislative body possesses plenary power for all
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38 Section 7. Terms of Office of Elective Regional Officials.(1) Terms of Office. The terms
of office of the Regional Governor, Regional Vice Governor and members of the Regional
Assembly shall be for a period of three (3) years, which shall begin at noon on the 30th day of
September next following the day of the election and shall end at noon of the same date three (3)
years thereafter. The incumbent elective officials of the autonomous region shall continue in
effect until their successors are elected and qualified. [emphasis ours]
39 Fernando, The Philippine Constitution, pp. 175-176 (1974).
305
purposes of civil government.40 Any power, deemed to be legislative by usage and tradition, isnecessarily possessed by Congress, unless the Constitution has lodged it elsewhere.41 Except as
limited by the Constitution, either expressly or impliedly, legislative power embraces all subjects
and extends to all matters of general concern or common interest.42
The constitutional limitations on legislative power are either express or implied. The express
limitations are generally provided in some provisions of the Declaration of Principles and State
Policies (Article 2) and in the provisions Bill of Rights (Article 3). Other constitutional
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provisions (such as the initiative and referendum clause of Article 6, Sections 1 and 32, and the
autonomy provisions of Article X) provide their own express limitations. The implied limitations
are found in the evident purpose which was in view and the circumstances and historical events
which led to the enactment of the particular provision as a part of organic law.43
The constitutional provisions on autonomyspecifically, Sections 15 to 21 of Article X of theConstitutionconstitute express limitations on legislative power as they define autonomy, its
requirements and its parameters, thus limiting what is otherwise the unlimited power of Congress
to legislate on the governance of the autonomous region.
Of particular relevance to the issues of the present case are the limitations posed by the
prescribed basic structure of governmenti.e., that the government must have an executive
department and a legislative assembly, both of which must be elective and representative of the
constituent political units; national government, too, must not encroach on the legislative powers
granted under Section 20,
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40 Id., at p. 177; citing the concurring opinion of Justice Jose P. Laurel in Schneckenburger v.
Moran, 63 Phil. 249, 266 (1936).
41 Vera v. Avelino, 77 Phil. 192, 212 (1946).
42 Ople v. Torres, et al., 354 Phil. 948; 293 SCRA 141 (1998); see concurring opinion of Justice
Jose P. Laurel in Schneckenburger v. Moran, supra note 40, at p. 266.
43 State ex rel. Green v. Collison, 39 Del 245, cited in Defensor-Santiago, Constitutional Law,
Vol. 1 (2000 ed.)
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Article X. Conversely and as expressly reflected in Section 17, Article X, all powers and
functions not granted by this Constitution or by law to the autonomous regions shall be vested in
the National Government.
The totality of Sections 15 to 21 of Article X should likewise serve as a standard that Congress
must observe in dealing with legislation touching on the affairs of the autonomous regions. The
terms of these sections leave no doubt on what the Constitution intendsthe idea of self-rule orself-government, in particular, the power to legislate on a wide array of social, economic and
administrative matters. But equally clear under these provisions are the permeating principles of
national sovereignty and the territorial integrity of the Republic, as expressed in the above-
quoted Section 17 and in Section 15.44 In other words, the Constitution and the supporting
jurisprudence, as they now stand, reject the notion of imperium et imperio45 in the relationship
between the national and the regional governments.
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In relation with synchronization, both autonomy and the synchronization of national and local
elections are recognized and established constitutional mandates, with one being as compelling
as the other. If their compelling force differs at all, the difference is in their coverage;
synchronization operates on and affects the whole country, while regional autonomyas the
term suggestsdirectly carries a narrower regional effect although its national effect cannot be
discounted.
These underlying basic concepts characterize the powers and limitations of Congress when it
acted on RA No. 10153. To succinctly describe the legal situation that faced Congress then, its
decision to
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44 Sec. 15. There shall be created autonomous regions in Muslim Mindanao and in the
Cordilleras consisting of provinces, cities and municipalities, and geographical areas sharing
common and distinctive historical and cultural heritage, economic and social structures, andother relevant characteristics within the framework of this Constitution and the national
sovereignty as well as the territorial integrity of the Republic of the Philippines.
45 An empire within an empire.
307
synchronize the regional elections with the national, congressional and all other local elections
(save for barangay and sangguniang kabataan elections) left it with the problem of how to
provide the ARMM with governance in the intervening period between the expiration of the term
of those elected in August 2008 and the assumption to officetwenty-one (21) months awayof those who will win in the synchronized elections on May 13, 2013.
The problem, in other words, was for interim measures for this period, consistent with the terms
of the Constitution and its established supporting jurisprudence, and with the respect due to the
concept of autonomy. Interim measures, to be sure, is not a strange phenomenon in the
Philippine legal landscape. The Constitutions Transitory Provisions themselves collectively
provide measures for transition from the old constitution to the new46 and for the introduction of
new concepts.47 As previously mentioned, the adjustment of elective terms and of elections
towards the goal of synchronization first transpired under the Transitory Provisions. The
adjustments, however, failed to look far enough or deeply enough, particularly into the problemsthat synchronizing regional autonomous elections would entail; thus, the present problem is with
us today.
The creation of local government units also represents instances when interim measures are
required. In the creation of Quezon del Sur48 and Dinagat Islands,49 the creating statutes
authorized the President to appoint an interim governor, vice-governor and members
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46 Bernas, Joaquin, Constitutional Structure and Powers of Government Notes and Cases Part I,
2005 ed., p. 1249.
47 Such as the addition of sectoral representatives in the House of Representatives (paragraph 2,Section 5, of Article VI of the Constitution), and the validation of the power of the Presidential
Commission on Good Government to issue sequestration, freeze orders, and the provisional
takeover orders of ill-gotten business enterprises, embodied in Section 26 of the Transitory
Provisions.
48 RA No. 9495 which created the Province of Quezon del Sur Province was rejected by the
voters of Quezon Province in the plebiscite of November 13, 2008.
49 RA No. 9355.
308
of the sangguniang panlalawigan although these positions are essentially elective in character;
the appointive officials were to serve until a new set of provincial officials shall have been
elected and qualified.50 A similar authority to appoint is provided in the transition of a local
government from a sub-province to a province.51
In all these, the need for interim measures is dictated by necessity; out-of-the-way arrangements
and approaches were adopted or used in order to adjust to the goal or objective in sight in a
manner that does not do violence to the Constitution and to reasonably accepted norms. Under
these limitations, the choice of measures was a question of wisdom left to congressional
discretion.
To return to the underlying basic concepts, these concepts shall serve as the guideposts and
markers in our discussion of the options available to Congress to address the problems brought
about by the synchronization of the ARMM elections, properly understood as interim measures
that Congress had to provide. The proper understanding of the options as interim measures
assume prime materiality as it is under these terms that the passage of RA No. 10153 should be
measured, i.e., given the constitutional objective of synchronization that cannot legally be
faulted, did Congress gravely abuse its discretion or violate the Constitution when it addressed
through RA No. 10153 the concomitant problems that the adjustment of elections necessarily
brought with it?
B. Holdover Option is Unconstitutional
We rule out the first optionholdover for those who were elected in executive and legislative
positions in the ARMM during the 2008-2011 termas an option that Congress could have
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chosen because a holdover violates Section 8, Article X of the Constitution. This provision
states:
Section 8. The term of office of elective local officials, except barangay officials, which shall
be determined by law, shall be three years
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50 Section 50, RA No. 9355 and Section 52 of RA No. 9495.
51 Section 462, RA No. 7160.
309
and no such official shall serve for more than three consecutive terms. [emphases ours]
Since elective ARMM officials are local officials, they are covered and bound by the three-year
term limit prescribed by the Constitution; they cannot extend their term through a holdover. Asthis Court put in Osmea v. COMELEC:52
It is not competent for the legislature to extend the term of officers by providing that they shall
hold over until their successors are elected and qualified where the constitution has in effect or
by clear implication prescribed the term and when the Constitution fixes the day on which the
official term shall begin, there is no legislative authority to continue the office beyond that
period, even though the successors fail to qualify within the time.
In American Jurisprudence it has been stated as follows:
It has been broadly stated that the legislature cannot, by an act postponing the election to fillan
office the term of which is limited by the Constitution, extend the term of the incumbent beyond
the period as limited by the Constitution. [Emphasis ours.]
Independently of the Osmea ruling, the primacy of the Constitution as the supreme law of the
land dictates that where the Constitution has itself made a determination or given its mandate,
then the matters so determined or mandated should be respected until the Constitution itself is
changed by amendment or repeal through the applicable constitutional process