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Court spokesman Midas Marquez said the justices tackled the petitions filed by the Sulu provincial government and the Philippine Constitution Association in an en banc session Tuesday but did not rule on their petition for a temporary restraining order or a writ of preliminary injunction.
“The Comelec has scheduled the plebiscite on the 21st, since there is no TRO, as of the moment, then that plebiscite should proceed or can proceed,”
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Marquez said in a press briefing.Marquez said the justices decided to first seek comments from the respondents before deciding on Philconsa’s plea for a TRO.
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The respondents in the second petition—Executive Secretary Salvador Medialdea, members of the Senate and the House of Representatives, headed by Senator Vicente Sotto III and House Speaker Gloria Macapagal Arroyo, respectively—were given a non-extendible period of 10 days from receipt of notice to submit their comments.
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The same respondents had already answered the first petition filed by the Sulu government, through Solicitor General Jose Calida.
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The two petitions raised practically the same arguments against the BOL.
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Earlier, Calida sought the dismissal of Sulu government’s petition and argued that the BOL does not violate Section 18, Article X of the 1987 Constitution, which authorized only one Organic Act to establish the Autonomous Region in Muslim Mindanao.
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He disputed the claim of petitioner that the assailed law should have had the approval of Sulu and other provinces under the ARMM though majority voting as separate units, saying this is not required by the Constitution.
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The Solicitor General argued that the law signed by President Rodrigo Duterte in July last year, which created a Bangsamoro Autonomous Region, was not exactly a creation of a new autonomous region as described in the Constitution, but rather an amendment of the organic act and expansion of the territorial jurisdiction of ARMM.
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Calida further argued that the expansion of ARMM does not require an amendment of the Constitution since Congress only needed to amend or repeal the Organic Act on ARMM.Invoking the powers of Congress to amend and repeal statutes, the solicitor general said the Court has no power to review the BOL because the issues raised by petitioner involved political questions.
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Calida also insisted that the BOL complied with the requirement for the governmental setup for an autonomous region under the relevant constitutional provision.
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A group composed of the Philippine Association of Islamic Accountants and Commissioner Manuelito Luna of the Presidential Anti-Corruption Commission sought intervention in the case and opposed the petitions.Lawyer Algamar Latiph also filed an intervention Tuesday in the case and supported the legality of the BOL.
The BOL expands the ARMM—currently composed of Sulu, Lanao del Sur, Maguindanao, Tawi-Tawi and Basilan (except Isabela City)—to include six towns of Lanao del Norte and 39 barangays of Cotabato, and the chartered cities of Isabela and Cotabato, subject to the approval of voters.
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The Commission on Elections has set the plebiscite on Jan. 21 for the ratification of the BOL.Defense Secretary Delfin Lorenzana on Tuesday said the forthcoming plebiscite faces critical security challenges due to the unpredictable political environment unfolding between those who support the new Bangsamoro entity and those who oppose it.
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Lorenzana cited the problematic situation in Cotabato City following the recent bombing at the South Seas Mall which left two people dead and 34 injured.Lorenzana said the problems taking place in Cotabato City developed following political differences between Cotabato City Mayor Cynthia Guiani Sayade and aspirants for the same post Rep. Sandra Sema and Sammy Gambar, the chief of staff of the Moro Islamic Liberation Front over the BOL.
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The other side says the mayor is preventing them from campaigning so that the no vote will win.Lorenzana said he has talked to all three leaders in an attempt to calm the situation, and advised them to refrain from intimidation and coercion during the plebiscite.
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He also told them to respect the decision of the people whatever the result of the vote.
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