Election lawyer Romulo Macalintal has asked the Supreme Court (SC) to bar the President from assigning officers-in-charge (OICs) in the Autonomous Region in Muslim Mindanao (ARMM), saying that it is unconstitutional.
Under Republic Act 10513, the ARMM elections, originally scheduled for August this year, will be synchronized with the May 2013 midterm national elections. It also gives the President power to appoint OICs who will take over once the terms of the incumbent officers expire this month, and will serve until new officials are elected in 2013.
Macalintal, former President Gloria Macapagal-Arroyo's election lawyer, said that the President should cease and desist from appointing OICs pending the final resolution in the SC about the constitutionality of RA 10513.
He also asked the SC to issue an order to instruct the soon-to-be appointed OICs to cease and desist from assuming their positions. Moreover, Macalintal asked the current ARMM officials to remain in office “until further ordered by the Court.”
The election lawyer emphasized that the appointment of OICs “violates the constitutional right of the ARMM electorate to choose their elective officials since Section 18, Article X of the 1987 Constitution mandates that the executive department and legislative assembly of the ARMM shall be elective and representative of the constituent political units.”
The shortlist of nominees for 26 vacant OIC posts in the region is set to come out this week, with over 341 applicants aiming for the positions of governor, vice-governor, and Regional Legislative Assembly members.
According to Department of Interior and Local Government (DILG) Secretary Jesse Robredo, the shortlist will be submitted to Senator Juan Ponce Enrile and House Speaker Feliciano Belmonte who will then forward their recommendations to the President for approval.
Among those who are aiming for gubernatorial posts are former ARMM governor Zacaria Candao, current acting governor Ansaruddin Alonto-Adiong, Maguindanao Governor Esmael “Toto” Mangudadatu, and former DILG deputy minister Saidamen Pangarungan.
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