Reform ARMM Now is a broad coalition of civil society organizations in the ARMM and Mindanao that is advocating for a thorough overhaul of ARMM's political-administrative structures, a review of national-ARMM policies, and supportive of the peace process.

Tuesday, March 15, 2011

RAN in the News: ABS-CBN News--Civil society bats for ARMM polls' postponement

Civil society bats for ARMM polls' postponement

Posted at 03/16/2011 12:37 PM | Updated as of 03/16/2011 12:37 PM



MANILA, Philippines - Civil society figures from Muslim Mindanao on Thursday tried to rally support for the postponement of the Autonomous Region in Muslim Mindanao elections scheduled for August 2011.

Salic Ibrahim, Lowell Macabangon, Tom Villarin and Dr. Darvin Rasul III led the groups Reform ARMM Now and SIMCard as well as other groups in asking lawmakers to instead synchronize the regional elections with the 2013 midterm elections.

Villarin said synchronization follows the constitutional mandate of synchronized midterm and local elections. It will also give the Aquino administration time to institute reforms that will promote peace in Mindanao.

Villarin also lashed out at lawmakers opposed to the postponement, whom he alleged  as people opposed to reform and identified with former president and now Pampanga 2nd District Rep. Gloria Macapagal-Arroyo.

He dispelled fears the Aquino administration will only appoint its protégés as officers in charge of the ARMM should the synchronization lead to the postponement of the 2011 regional elections.

Villarin said postponement alone would have legal problems, since postponement would not be bound to any timetable and would really require amendments to the ARMM Law.

Datu Lowell Macabangon said consultations in Mindanao showed support for the synchronization. He also criticized lawmakers whom he said have conflicts of interest in opposing the bill.

Macabangon blamed ARMM politicians for standing in the way of progress for the last 21 years and said some lawmakers stood to gain from the non-postponement of the elections.

Lanao del Sur. Rep Pangalian Balindong’s nephew is the current acting ARMM Governor, Ansarrudin Adiong.

He said Maguindanao Rep. Simeon Datumanong maybe standing in the way of cleansing the voters list of Maguindanao.

He said ALIF party-list Rep. Ahmad  Tomawis has a brother who is the current executive director of the Southern Philippines Development Authority.

Rasul said the ARMM regional assembly alone will not be empowered enough to reset their own elections, hence the need for an act of Congress. All these, he said, is in the name of reforming and cleaning up the bureaucracy. #

URL: http://www.abs-cbnnews.com/nation/regions/03/16/11/civil-society-bats-armm-polls-postponement 

The Proposed Act Providing for the Synchronization the Elections and Term of Office of the Elective Officials of the ARMM

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Resolution of the Organization of Téduray and Lambangian Conference (OTLAC)

ORGANIZATION OF TÉDURAY AND LAMBANGIAN CONFERENCE COUNCIL  (OTLAC-COUNCIL) RESOLUTION URGING HIS EXCELLENCY BENIGNO SEMION COJUANGCO AGUINO, III, PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES THROUGH CONGRESS TO IN ACT A LAW FOR THE SYNCHRONIZATION OF ARMM ELECTION ON 2013 AND DESIGNATE O.I.C WHO HAS THE STRONG FOUNDATION ON GOOD GOVERNANCE AND GOOD TRACK RECORD TO INTRODUCE REFORM IN THE AUTONOMOUS REGION IN MUSLIM MINDANAO (ARMM) FOR THE PERIOD OF 21 MONTHS FROM OCTOBER 1, 2011.  


WHEREAS, Organization of Téduray and Lambangian Conference (OTLAC), is a regional coalition of the Indigenous Peoples specifically belonging to the Téduray, Lambangian Tribes of South Central Mindanao and portion of Autonomous Region in Muslim Mindanao including Cotabato City;

WHEREAS; the Council meeting included as one major item in the agenda, a need to have a Synchronization of Election of Autonomous Region in Muslim Mindanao (ARMM) in order for the government to save big amount of money and introduce executive and legislative reform agenda within the 21 months starting October 1, 2011;     


WHEREAS; President of the Republic of the Philippines shall designates Officer In Charge (OIC), to run the affairs of the Autonomous Region in Muslim Mindanao (ARMM) within the period of 21 months beginning October 1, 2011;  

WHEREAS; a motion from Timuay Sergio A. Belling, Sr. Vice Chairperson for internal affairs that OTLAC needs to formulate a resolution urging His Excellency Benigno Semion Conjuangco Aquino, III through Congress to in act a law for the synchronization of ARMM election in 2013 and unanimously seconded by Council member Timuay Froilan Pangol;

RESOLVED, AS IT IS HEREBY RESOLVED, urging His Excellency Benigno Semion Conjuangco Aquino, III, President of the Republic of the Philippines through Congress to in act a law for the synchronization of election of Autonomous Region in Muslim Mindanao (ARMM) in 2013 and designate Officer In-Charge who has the strong foundation of good governance and good track record to introduce executive and legislative reform agenda in the Autonomous Region in Muslim Mindanao (ARMM) for the period of 21 months beginning October 1, 2011;

RESOLVED FURTHERE, copies of this resolution be forwarded to the Office of the President, Speaker of the House of Representative, Senate Speaker and to the sponsored of the postponement of ARMM election;

ADOPTED AND APPROVED; this 5 day of March 2011 at Nuro, Upi, Maguindanao,

WE HEREBY CERTIFY to the correctness of this resolution and affixed our signatures.


Prepared by:



(SGD) TIMUAY HILARIO TANZO
      Deputy Secretary General



Noted by:



(SGD) DEONATO P. MOKUDEF            (SGD) TIMUAY MELANIO U. ULAMA
              Secretary General                                       Chairperson 

Monday, March 14, 2011

QUESTIONS AND ANSWERS ON THE ARMM ELECTION POSTPONEMENT ISSUE

1. Why do we want the elections in the Autonomous Region of Muslim Mindanao (ARMM) slated August 2011 be postponed?
Elections need to be postponed because of the following reasons:
a.
need to synchronize local and national elections as mandated in the 1987 Constitution. Having the ARMM elections separately will not only be inconsistent with such mandate but will entail additional cost to taxpayers;
b.
need to institute electoral reforms in the ARMM that has been constantly plagued by electoral violence, massive fraud, vote-buying, kidnapping, etc. Comelec needs time to cleanse the voters’ list and institute safeguards in the ballots and for the voters’ will to be protected;
c.
must give way to the peace process that is ongoing between the government and the Moro rebel groups to provide focus and imperatives to achieving sustainable peace.

2. What other compelling reasons why we need to postpone the ARMM polls?

If elections are to push through in August 2011, we will see the same ‘warlords’ dominating the scene. If we recall, the November 2009 massacre in Ampatuan, Maguindanao was election-related violence as those murdered were supposed to file certificates of candidacies for the Mangudadatus against the Ampatuans. Already incidence of violent crimes possibly related to election ‘preparations’ like kidnapping, arms procurement, etc are on the rise.
The May 2010 elections and the October 2010 barangay elections in the ARMM saw heightened violence and fraud that Comelec needs to address first before elections are held again in ARMM. Such argument for postponement were recommended by the Parish-Pastoral Council for Responsible Voting and the Citizens Coalition for ARMM Electoral Reforms or C-CARE, an electoral watchdog supported by the International Foundation for Electoral System (IFES). Yet Comelec has failed to act on such recommendations and now the ARMM elections will officially start by May 9, 2011 upon the filing of candidacy by prospective officials. The short period of time and the proven track record of Comelec of ineptitude in poll preparations compels the need for postponement.

3. Are there precedents in postponing the ARMM elections?

Postponement of ARMM elections is not without precedent. In fact, post-1996 FPA (Final Peace Agreement), there were several postponements precisely to pave the way for the amendment of the original ARMM organic act to incorporate the provisions of the 1996 Final Peace Agreement (FPA). Republic Act Nos. 8176, 8746, 8753, 8953, 9012, 9054, 9140, and 9333 were the laws passed by Congress on ARMM poll deferment.
The first postponement of the ARMM elections, however, was not after the signing of the 1996 peace pact but just before: RA 8176 changed the date of the ARMM elections and was signed into law by then President Fidel Ramos on December 29, 1995. The third ARMM election was supposed to have been held March 1996. The law reset the polls to September that same year, giving the negotiators six months leeway.
During President Gloria Macagapal-Arroyo’s time, three laws were passed postponing the ARMM elections. In February 2001, Congress passed RA 9012, resetting the supposed May 2001 elections in the ARMM to September 2001. Congress again passed RA 9140 in June 2001, setting the date of the plebiscite to August and the ARMM election for “the last Monday of November 2001. President Arroyo again signed RA No. 9333 on September 21, 2004, postponing the elections in the ARMM to the “second Monday of August 2005.

4. What is the governing law on elections in the ARMM? Is ARMM’s autonomy violated?

While it is argued that as an Organic Act RA 9054 (and its predecessor RA 6734) gives autonomy to the ARMM, the setting of elections is still vested with Congress under the 1987 Constitution. The regional government has no powers to fix the date of elections nor can it create an ARMM election commission to oversee it as both are powers not expressly granted to it by Congress (Section 20, Article 10). All powers, functions and responsibilities not granted by the Constitution or by law to the autonomous regions shall be vested in the National Government (Section 17, Article 10).
Thus, it cannot be invoked that the autonomy provisions under the 1987 Constitution nor the law providing for ARMM autonomy are violated
In fact, we had two laws passed by Congress resetting the ARMM elections even after RA 9054 was passed in March 2001. Both laws did not go through a plebiscite as Congress exercises the right to fix date of elections.
The law fixing the date of ARMM elections is RA 9333 that provides for the holding of elections on August 2005 and every three years thereafter. Thus, what will be amended is RA 9333 and not the Organic Act or RA 9054.
The argument that RA 9333 expired has no legal basis. Laws are permanent in nature and only another law amending or revoking it can change it.

5. Is there a need for a plebiscite to reset the election in the ARMM?

There is no need for a plebiscite to reset the ARMM election as what will be amended is RA 9333 and not the Organic Act of the ARMM or RA 9054. Under RA 9054, any amendments to the organic law, should undergo a plebiscite.

6. Is the appointment of OICs in the ARMM constitutional?

Yes, on the basis that the President exercises residual powers as Chief Executive. Under the 1987 Constitution, Section 16, Article 10, the President shall exercise general supervision over autonomous regions to ensure that laws are faithfully executed. Executive power is vested in the President of the Philippines (Section 1, Article 7) and temporary appointments to executive positions can be made so as not to prejudice public service or endanger public safety (Section 15, Article 7).
However, having holdover officials or extending the terms of officials is deemed unconstitutional as the term of local officials, except barangay officials, which shall be determined by law shall be three years (Section 8, Article 10). Likewise, the Supreme Court has already ruled several times against having holdover officials.
If the proposal to have holdover officials will push through, we will have for the next two years the Ampatuan administration that was elected in 2008 still handling ARMM.

7. Are the people in the ARMM consulted over the moves to postpone the August 2011 elections?

Several consultations and forums were conducted by civil society organizations since after the barangay elections on October 2010 on what will be there position in the coming ARMM elections.
Citizen’s Coalition on ARMM electoral reforms of C-CARE, the leading election reform advocate in the ARMM called for the postponement of the ARMM elections, currently scheduled for August 2011, to be conducted together with the May 2013 national elections.
Citizen’s CARE principled position is that elections should be held regularly and periodically for democracy to function. However, after detailed discussions with ARMM citizens at Citizen CARE’s Ugnayan Tayo, local community consultative meetings, the reform group joins the majority of the citizens in calling for a postponement.
The scale of election fraud and violence in the ARMM remains high and requires more time and attention. Of note are:
  • Bombing in Marawi City during voters’ registration
  • Maguindanao Massacre during the filing of COCs
  • Other Violence during and after election day
  • Ongoing Vote buying and command voting before and on election day
    • Continued use of uncleansed voter’s lists, despite the existence of cleansed ones.
    • Citizen’s CARE believes that postponement would provide the following benefits:
  • Provide time to conduct a new general registration process of ARMM voters
  • The new leadership of COMELEC could use the breathing room provided by election postponement to fine-tune the automation law and process, and the use of automated registration system (AFIS) in the ARMM
  • Ample time for much-needed continuous voters’ education
  • The substantial funds saved through the synchronization of elections should be used to beef up much-needed election reform projects, such as BEI training, voter education, and registration
  • Citizen’s CARE is also hopeful that the GRP-MILF peace process will have made progress.

8. Who are the groups behind the moves to postpone the ARMM elections?

Aside from C-CARE and the PPCRV, broad coalitions of civil society organizations and people’s organizations are calling for the ARMM poll deferment.
This coalition under the Reform ARMM Now (RAN) counts the following groups: Bangsamoro Solidarity Movement (Bangsa), Bangsamoro Lawyers Network (BLN), Kadtuntaya Foundation Inc., Saligan-Mindanao, Bangsamoro Womens Forum for Peace and Development Inc., Mindanao Human Rights Action Center (MinRHAC), Maranao People’s Development Center (Maradeca), Siad in Mindanao Convergence for Asset Reform and Regional Development (Simcarrd), Solidarity for Peace and Equity-led Development (Speed), Consortium of Bangsamoro Civil Society (CBCS), Mindanao Peoples Caucus (MPC), Balaod-Mindanao, among others.
Chairman Nur Misuari of the Moro National Liberation Front (MNLF) has also supported the call for ARMM poll deferment.
In Congress, HB 4146 was filed by 54 lawmakers from the ARMM and from Mindanao as well as stalwarts of the Liberal Party calling for ARMM poll synchronization. Senator TG Guingona and Senator Frank Drilon will file a counterpart bill in the Senate.
President Aquino has likewise endorsed the ARMM poll deferment issue as one of the priority bills of the Legislative Executive Development Advisory Council (LEDAC).
Prepared by: Reform ARMM Now (RAN) 

QUESTIONS AND ANSWERS ON THE ARMM

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