The Philippine Online Chronicles

Six officials of the Autonomous Region in Muslim Mindanao submitted their resignation letters on Friday even after Palace asked them to remain in their posts because of the Supreme Court temporary restraining order (TRO) on the appointment of officers-in-charge.

Their terms should have lapsed on Sept. 30 but the SC has restrained the Aquino administration from appointing regional OICs with the plan to synchronize the ARMM elections with the 2013 mid-term elections.

ARMM Executive Secretary Naguib Sinarimbo, Bureau of Public Information chief Ali Macabalang, Regional Board of Investments chief Ishak Mastura, Bureau of Cultural Heritage Executive Director Bai Ashrafia Alonto-Biruar, Science and Technology Secretary Frandzkhan Ilaji and Office of Development Assistance Director David Ali gave their resignation letters to acting ARMM Governor Ansaruddin Adiong.

Adiong has not yet accepted their resignations but has asked others to follow suit.

“This is our way of expressing a sense of delicadeza in public service as an essential way through reform in governance that is purportedly sought by those who advocate for elections postponement,” Macabalang said.

Meanwhile, Adiong said they will accept or reject the courtesy resignation depending on the official’s performance during their past 20 months in office.

On the other hand, SC spokesperson and Court Administrator Jose Midas Marquez earlier said, "Considering that the consolidated cases are still pending, the TRO remains in force. The incumbent ARMM officials shall continue their positions in a holdover capacity until the Court lifts the TRO or is able to decide on these cases on the merits.”

The SC ruled that “the incumbent ARMM elective officials shall continue to perform their functions in a holdover capacity pursuant to Section 7, Article VIII of Republic Act No. 9054 (the law that amended RA 6734 which created the ARMM)."

There are seven petitions lodged with the SC questioning the legality of Republic Act no. 10153 which seeks to postpone the 2011 ARMM elections and in turn let President Benigno Aquino III to appoint OICs.

The consolidated case, represented by government lawyers from the Office of the Solicitor General, questions the constitutionality of RA 10153.

"As pointed out by this Honorable Court in Osmeña, the term of local elective officials, except barangay officials, is fixed by Section 8, Article X of the 1987 Constitution at three years. Any law or act authorizing the extension of the term of said officials beyond three years by providing that said officials shall holdover until their successors are elected, is therefore unconstitutional," the OSG appeal read.

No poll registration

The Commission on Elections (COMELEC) has also deferred the registration of voters in the region until the SC rules on the issue.

In a resolution, the COMELEC said, “The outcome of the case upholding or invalidating the constitutionality of Republic Act No. 10153 will grossly affect the logistical and administrative preparations and requirements of the Commission on Elections for the ARMM elections and the resumption of the registration of voters and validation of registration records.”

Resolution 9288 also said that the deferment will also help the COMELEC draw a proper perspective on the issue.

In August 21, the COMELEC issued Resolution no. 9271 ordering the start of the registration period on Oct. 1.