BAI MALYANAH A.

SALMAN
Consti 1 , Saturday, 8:00 am to 5:00 pm
Atty Camille Remoroza

DATU MICHAEL ABAS KIDA, et. al. vs. Senate of the Philippines, et. al.
G.R. No. 196271, October 18, 2011
BRION, J.

FACTS:

Republic Act No. 6734 August 1, 1989

AN ACT PROVIDING FOR AN ORGANIC ACT FOR THE AUTONOMOUS REGION

IN MUSLIM MINDANAO

REPUBLIC ACT NO. 9054 March 31, 2001

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

Republic Act No. 9333

AN ACT AMENDING FIXING THE DATE OR 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, 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"

REPUBLIC ACT No. 10153

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

The Petitioners, Datu Michael Abas Kida, et. al., filed a motion for reconsideration on the
Decision dated October 18, 2011 on the constitutionality of of RA No. 10153 on the
postponement of ARMM election on second Monday of May 2013 in synchronization with the
national and local government election, and the recognition of the power of the President to
appoint Officers-In-Charge (OICs) to temporarily assume positions upon the expiration of the
terms of the elected Officials.

ISSUES:

The following issues were raised:

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 Section 7, 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.

HELD:

The court denied the motion for reconsideration for lack of merit.

YES. According to the Constitution, Article XVII, Transitory Provisions, the following
sections state:

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
first elected under this Constitution shall serve until noon of June 30, 1992.

Of the Senators elected in the elections in 1992, the first twelve obtaining the highest
number of votes shall serve for six years and the remaining twelve for three years.

xxxx

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.

RA No. 9054, Article VII, 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.

(2) Term limits. No Regional Governor, Regional Vice Governor, or member of the
Regional Assembly shall serve for more than three (3) consecutive terms. Voluntary renunciation
of or removal from office for any length of time shall not be considered an interruption in the
continuity of the service for the full term for which he or she was elected.

The term limits in Republic Act No. 7160, the Local Government Code of 1991, shall
apply to the governors of provinces and mayors of cities, municipalities, and punong barangay in
the autonomous region.

The RA No. 9054 is silent in regards to the date of the next election period. Under the
local code of the Philippines, ARMM is under local government, hence, the synchronization of
ARMM regional elections with national and local elections maybe mandated under the
Constitution.

NO. The passage of RA No, 101153 did not violate Section 26(2) of Art. VI of the
Constitution. It was stated in Sec. 26(A) “No bill passed by the either House shall become a law
unless it has passed three readings on separate days, an 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.
..xxx..”.

In this case, because of the ARMM election problems seen in the past years, the
President find it necessary to certify the immediate enactment of RANo. 10153 to meet a public
calamity or emergency, and so he signed.

NO. RA No. 10153 does not amend the RA No. 9054. It did not change or amend any of
the latter’s provision. It simply provides for supplemental details on clarification on the
ambiguity of its election as to when will be the next election.

RA No. 9054, Article VII, 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.

xxx

RA No. 10153, provides under Section 2. Regular Elections. - The regular elections for
the Regional Governor, Regional Vice Governor and Members of the Regional Legislative
Assembly of the Autonomous Region in Muslim Mindanao (ARMM) shall be held on the second
(2nd) Monday of May 2013. Succeeding regular elections shall be held on the same date every
three (3) years thereafter.

Although provided in RA No. 9333, it is neither considered as amendment nor revision,

because it the next date of election was not specified in RA No. 9054. Although specified in RA
No. 9333, the RA did not pass the qualification on plebiscite requirement to amend RA No. 9054.

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 the Members of the House of Representatives and of the
Senate voting separately.
 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.

Assuming that RA No. 10153 is an amendment of RA No. 9054, supermajority vote is

not required for its amendment. The Constitution requires majority of the votes cast provided
under its ARTICLE XVII,

xxx

Section 4.Any amendment to, or revision of, this Constitution under Section 1 hereof
shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not
earlier than sixty days nor later than ninety days after the approval of such amendment or
revision.

xxx

The supermajority vote and plebiscite requirement is only required under RA No. 9054,
Article XVII, 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 the
Members of the House of Representatives and of the Senate voting separately.

NO. RA No. 10153 is not a violation on the autonomy granted to ARMM. This is in
connection with the first issue of this case.

NO. The grant of power to the President in appointing OICs do not violate its
constitutionality under Art X, Sec 15, because the appointed officials are living within the scope
of the Autonomous Region. The President, under Section 16, Article X of the 1987 Constitution
shall exercise general supervision over autonomous regions to ensure laws are faithfully
executed.

Moreover, Section 18, Article X of the 1987 Constitution is not violated because majority
of the law making body voted/signed its approval.

YES. The proposal to hold special elections is constitutional and legal because it is for
the sake of the majority of the state.

CONCLUSION:

It is therefore concluded that RA No. 10153 is not unconstitutional.