Professional Documents
Culture Documents
B.
Whether or not the passage of RA No. 10153 violates the provisions of the 1987
Constitution
HELD:
Court dismissed the petition and affirmed the constitutionality of R.A. 10153 in toto. The Court
agreed with respondent Office of the Solicitor General (OSG) on its position that the Constitution
mandates synchronization, citing Sections 1, 2 and 5, Article XVIII (Transitory Provisions) of the 1987
Constitution. While the Constitution does not expressly state that Congress has to synchronize national
and local elections, the clear intent towards this objective can be gleaned from the Transitory Provisions
(Article XVIII) of the Constitution,which show the extent to which the Constitutional Commission, by
deliberately making adjustments to the terms of the incumbent officials, sought to attain synchronization
of elections.
The objective behind setting a common termination date for all elective officials, done among others
through the shortening the terms of the twelve winning senators with the least number of votes, is to
synchronize the holding of all future elections whether national or local to once every three years.This
intention finds full support in the discussions during the Constitutional Commission deliberations.
Furthermore, to achieve synchronization, Congressnecessarilyhas to reconcile the schedule of the
ARMMs regular elections (which should have been held in August 2011 based on RA No. 9333) with the
fixed schedule of the national and local elections (fixed by RA No. 7166 to be held in May 2013).
InOsme v. Commission on Elections, the court thus explained:
It is clear from the aforequoted provisions of the 1987 Constitution that the terms of office of Senators,
Members of the House of Representatives, the local officials, the President and the Vice-President have
been synchronized to end on the same hour, date and year noon of June 30, 1992.
It is likewise evident from the wording of the above-mentioned Sections that the term of synchronizationis
used synonymously as the phraseholding simultaneouslysince this is the precise intent in terminating their
Office Tenure on the sameday or occasion.This common termination date will synchronize future elections
to once every three years (Bernas, the Constitution of the Republic of the Philippines, Vol. II, p. 605).
That the election for Senators, Members of the House of Representatives and the local officials (under
Sec. 2, Art. XVIII) will have to be synchronized with the election for President and Vice President (under
Sec. 5, Art. XVIII) is likewise evident from the x x xrecords of the proceedings in the Constitutional
Commission. [Emphasis supplied.]
Although called regional elections, the ARMM elections should be included among the elections to be
synchronized as it is a "local" election based on the wording and structure of the Constitution. Regional
elections in the ARMM for the positions of governor, vice-governor and regional assembly representatives
fall within the classification of "local" elections, since they pertain to the elected officials who will serve
within the limited region of ARMM. From the perspective of the Constitution, autonomous regions are
considered one of the forms of local governments, as evident from Article Xof the Constitution entitled
"Local Government."Autonomous regions are established and discussed under Sections 15 to 21 of this
Article the article wholly devoted to Local Government.
Second issue: Congress, in passing RA No. 10153, acted strictly within its constitutional mandate. Given
an array of choices, it acted within due constitutional bounds and with marked reasonableness in light of
the necessary adjustments that synchronization demands. Congress, therefore, cannot be accused of any
evasion of a positive duty or of a refusal to perform its duty nor is there reason to accord merit to the
petitioners claims of grave abuse of discretion.
In relation with synchronization, both autonomy and the synchronization of national and local elections are
recognized and established constitutional mandates, with one being as compelling as the other.If their
compelling force differs at all, the difference is in their coverage; synchronization operates on and affects
the whole country, while regional autonomy as the term suggests directly carries a narrower regional
effect although its national effect cannot be discounted.
In all these, the need for interim measures is dictated by necessity; out-of-the-way arrangements and
approaches were adopted or used in order to adjust to the goal or objective in sight in a manner that does
not do violence to the Constitution and to reasonably accepted norms.Under these limitations, the choice
of measures was a question of wisdom left to congressional discretion.
However, the holdover contained in R.A. No. 10153, for those who were elected in executive and
legislative positions in the ARMM during the 2008-2011 term as an option that Congress could have
chosen because a holdover violates Section 8, Article X of the Constitution. In the case of the terms of
local officials, their term has been fixed clearly and unequivocally, allowing no room for any implementing
legislation with respect to the fixed term itself and no vagueness that would allow an interpretation from
this Court. Thus, the term of three years for local officials should stay at three (3) years as fixed by the
Constitution and cannot be extended by holdover by Congress.
RA No. 10153, does not in any way amend what the organic law of the ARMM(RA No. 9054) sets outs in
terms of structure of governance.What RA No. 10153 in fact only does is to "appoint officers-in-charge for
the Office of the Regional Governor, Regional Vice Governor and Members of the Regional Legislative
Assembly who shall perform the functions pertaining to the said offices until the officials duly elected in
the May 2013 elections shall have qualified and assumed office."This power is far different from
appointing elective ARMM officials for the abbreviated term ending on the assumption to office of the
officials elected in the May 2013 elections. It must be therefore emphasized that the law must be
interpreted as an interim measure to synchronize elections and must not be interpreted otherwise.
FULL TEXT
Republic of the Philippines
Supreme Court
Manila
EN BANC
- versus -
- versus -
- versus -
- versus -
THE COMMISSION ON
ELECTIONS, through its Chairman,
SIXTO BRILLANTES, JR., HON.
PAQUITO N. OCHOA, JR., in his
capacity as Executive Secretary,
HON. FLORENCIO B. ABAD, JR.,
in his capacity as Secretary of the
Department of Budget and
Management, and HON. ROBERTO
B. TAN, in his capacity as Treasurer
of the Philippines,
Respondents.
x----------------------------------------------x
ATTY. ROMULO B. MACALINTAL, G.R. No. 197282
Petitioner,
- versus -
COMMISSION ON ELECTIONS
and THE OFFICE OF THE
PRESIDENT, through EXECUTIVE
SECRETARY PAQUITO N.
OCHOA, JR.,
Respondents.
x----------------------------------------------x
LUIS BAROK BIRAOGO,
Petitioner,
- versus -
THE COMMISSION ON
ELECTIONS and EXECUTIVE
SECRETARY PAQUITO N.
OCHOA, JR.,
Respondents.
x----------------------------------------------x
JACINTO V. PARAS,
Petitioner,
- versus -
EXECUTIVE SECRETARY
PAQUITO N. OCHOA, JR., and the
COMMISSION ON ELECTIONS,
Respondents.
x--------------------------------------------x
MINORITY RIGHTS FORUM,
PHILIPPINES, INC.,
Respondents-Intervenor.
x------------------------------------------------------------------------------------x
DECISION
BRION, J.:
On June 30, 2011, Republic Act (RA) No. 10153, entitled 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 was enacted. The law reset the ARMM elections from the 8th of August
2011, to the second Monday of May 2013 and every three (3) years thereafter, to
coincide with the countrys regular national and local elections. The law as well
granted the President the power to appoint officers-in-charge (OICs) for the Office
of the Regional Governor, the Regional Vice-Governor, and the Members of the
Regional Legislative Assembly, who shall perform the functions pertaining to the
said offices until the officials duly elected in the May 2013 elections shall have
qualified and assumed office.
Even before its formal passage, the bills that became RA No. 10153 already
spawned petitions against their validity; House Bill No. 4146 and Senate Bill No.
2756 were challenged in petitions filed with this Court. These petitions multiplied
after RA No. 10153 was passed.
Factual Antecedents
The State, through Sections 15 to 22, Article X of the 1987 Constitution,
mandated the creation of autonomous regions in Muslim Mindanao and
the Cordilleras. Section 15 states:
Section 15. There shall be created autonomous regions in Muslim Mindanao and
in theCordilleras consisting of provinces, cities, municipalities, and geographical
areas sharing common and distinctive historical and cultural heritage, economic
and social structures, and other relevant characteristics within the framework of
this Constitution and the national sovereignty as well as territorial integrity of the
Republic of the Philippines.
act, and reset the regular elections for the ARMM regional officials to the second
Monday of September 2001.
Congress passed the next law affecting ARMM RA No. 9140 [1] - on June 22,
2001. This law reset the first regular elections originally scheduled under RA No.
9054, to November 26, 2001. It likewise set the plebiscite to ratify RA No. 9054 to
not later than August 15, 2001.
RA No. 9054 was ratified in a plebiscite held on August 14, 2001.
The province ofBasilan and Marawi City voted to join ARMM on the same date.
RA No. 9333[2] was subsequently passed by Congress to reset the ARMM
regional elections to the 2nd Monday of August 2005, and on the same date every 3
years thereafter. Unlike RA No. 6734 and RA No. 9054, RA No. 9333 was not
ratified in a plebiscite.
Pursuant to RA No. 9333, the next ARMM regional elections should have
been held onAugust 8, 2011. COMELEC had begun preparations for these
elections and had accepted certificates of candidacies for the various regional
offices to be elected. But on June 30, 2011, RA No. 10153 was enacted, resetting
the ARMM elections to May 2013, to coincide with the regular national and local
elections of the country.
RA No. 10153 originated in the House of Representatives as House Bill
(HB) No. 4146, seeking the postponement of the ARMM elections scheduled
on August 8, 2011. On March 22, 2011, the House of Representatives passed HB
No. 4146, with one hundred ninety one (191) Members voting in its favor.
After the Senate received HB No. 4146, it adopted its own version, Senate
Bill No. 2756 (SB No. 2756), on June 6, 2011. Thirteen (13) Senators voted
favorably for its passage. OnJune 7, 2011, the House of Representative concurred
with the Senate amendments, and on June 30, 2011, the President signed RA No.
10153 into law.
As mentioned, the early challenge to RA No. 10153 came through a petition
filed with this Court G.R. No. 196271[3] - assailing the constitutionality of both HB
No. 4146 and SB No. 2756, and challenging the validity of RA No. 9333 as well
for non-compliance with the constitutional plebiscite requirement. Thereafter,
petitioner Basari Mapupuno in G.R. No. 196305 filed another petition[4] also
assailing the validity of RA No. 9333.
With the enactment into law of RA No. 10153, the COMELEC stopped its
preparations for the ARMM elections. The law gave rise as well to the filing of the
following petitions against its constitutionality:
a) Petition for Certiorari and Prohibition[5] filed by Rep. Edcel Lagman as a
member of the House of Representatives against Paquito Ochoa, Jr. (in his
capacity as the Executive Secretary) and the COMELEC, docketed as G.R.
No. 197221;
b) Petition for Mandamus and Prohibition[6] filed by Atty. Romulo Macalintal
as a taxpayer against the COMELEC, docketed as G.R. No. 197282;
c) Petition for Certiorari and Mandamus, Injunction and Preliminary
Injunction[7] filed by Louis Barok Biraogo against the COMELEC and
Executive Secretary Paquito N. Ochoa, Jr., docketed as G.R. No. 197392;
and
d) Petition for Certiorari and Mandamus[8] filed by Jacinto Paras as a member
of the House of Representatives against Executive Secretary Paquito Ochoa,
Jr. and the COMELEC, docketed as G.R. No. 197454.
Petitioners Alamarim Centi Tillah and Datu Casan Conding Cana as
registered voters from the ARMM, with the Partido Demokratiko Pilipino Lakas ng
Bayan (a political party with candidates in the ARMM regional elections scheduled
for August 8, 2011), also filed a Petition for Prohibition and Mandamus [9] against
the COMELEC, docketed as G.R. No. 197280, to assail the constitutionality of RA
No. 9140, RA No. 9333 and RA No. 10153.
Subsequently, Anak Mindanao Party-List, Minority Rights Forum Philippines, Inc.
and Bangsamoro Solidarity Movement filed their own Motion for Leave to Admit
their Motion for Intervention and Comment-in-Intervention dated July 18, 2011.
On July 26, 2011, the Court granted the motion. In the same Resolution, the Court
ordered the consolidation of all the petitions relating to the constitutionality of HB
No. 4146, SB No. 2756, RA No. 9333, and RA No. 10153.
Oral arguments were held on August 9, 2011 and August 16, 2011. Thereafter, the
parties were instructed to submit their respective memoranda within twenty (20)
days.
On September 13, 2011, the Court issued a temporary restraining order enjoining
the implementation of RA No. 10153 and ordering the incumbent elective officials
of ARMM to continue to perform their functions should these cases not be decided
by the end of their term on September 30, 2011.
The Arguments
The petitioners assailing RA No. 9140, RA No. 9333 and RA No. 10153 assert that
these laws amend RA No. 9054 and thus, have to comply with the supermajority
vote and plebiscite requirements prescribed under Sections 1 and 3, Article XVII of
RA No. 9094 in order to become effective.
The petitions assailing RA No. 10153 further maintain that it is unconstitutional for
its failure to comply with the three-reading requirement of Section 26(2), Article
VI of the Constitution.Also cited as grounds are the alleged violations of the right
of suffrage of the people of ARMM, as well as the failure to adhere to the elective
and representative character of the executive and legislative departments of the
ARMM. Lastly, the petitioners challenged the grant to the President of the power
to appoint OICs to undertake the functions of the elective ARMM officials until the
officials elected under the May 2013 regular elections shall have assumed office.
Corrolarily, they also argue that the power of appointment also gave the President
the power of control over the ARMM, in complete violation of Section 16, Article
X of the Constitution.
The Issues
From the parties submissions, the following issues were recognized and argued by
the parties in the oral arguments of August 9 and 16, 2011:
I. Whether the 1987 Constitution mandates the synchronization of
elections
We shall discuss these issues in the order they are presented above.
OUR RULING
and
The objective behind setting a common termination date for all elective
officials, done among others through the shortening the terms of the twelve
winning senators with the least number of votes, is to synchronize the holding of
all future elections whether national or local to once every three years. [12] This
intention finds full support in the discussions during the Constitutional
Commission deliberations.[13]
These Constitutional Commission exchanges, read with the provisions of the
Transitory Provisions of the Constitution, all serve as patent indicators of the
constitutional mandate to hold synchronized national and local elections, starting
the second Monday of May, 1992 and for all the following elections.
This Court was not left behind in recognizing the synchronization of the
national and local elections as a constitutional mandate. In Osmea v. Commission
on Elections,[14] we explained:
It is clear from the aforequoted provisions of the 1987 Constitution that
the terms of office of Senators, Members of the House of Representatives, the
local officials, the President and the Vice-President have been synchronized to
end on the same hour, date and year noon of June 30, 1992.
It is likewise evident from the wording of the above-mentioned Sections
that the term ofsynchronization is used synonymously as the phrase holding
simultaneously since this is the precise intent in terminating their Office Tenure on
the same day or occasion. This common termination date will synchronize future
elections to once every three years (Bernas, the Constitution of the Republic of
the Philippines, Vol. II, p. 605).
That the election for Senators, Members of the House of Representatives
and the local officials (under Sec. 2, Art. XVIII) will have to be synchronized with
the election for President and Vice President (under Sec. 5, Art. XVIII) is likewise
evident from the x x x records of the proceedings in the Constitutional
Commission. [Emphasis supplied.]
Derilo,[16] [a]s the Constitution is not primarily a lawyers document, its language
should be understood in the sense that it may have in common. Its words should be
given their ordinary meaning except where technical terms are employed.
Understood in its ordinary sense, the word local refers to something that primarily
serves the needs of a particular limited district, often a community or minor
political subdivision.[17]Regional elections in the ARMM for the positions of
governor, vice-governor and regional assembly representatives obviously fall
within this classification, since they pertain to the elected officials who will serve
within the limited region of ARMM.
From the perspective of the Constitution, autonomous regions are considered
one of the forms of local governments, as evident from Article X of the
Constitution entitled Local Government. Autonomous regions are established and
discussed under Sections 15 to 21 of this Article the article wholly devoted to
Local Government. That an autonomous region is considered a form of local
government is also reflected in Section 1, Article X of the Constitution, which
provides:
Section 1. The territorial and political subdivisions of the Republic of
the Philippines are the provinces, cities, municipalities, and barangays. There
shall be autonomous regions in Muslim Mindanao, and the Cordilleras as
hereinafter provided.
The exception is when the President certifies to the necessity of the bills immediate
enactment.
The Court, in Tolentino v. Secretary of Finance,[19] explained the effect of the
Presidents certification of necessity in the following manner:
The presidential certification dispensed with the requirement not only of
printing but also that of reading the bill on separate days. The phrase "except
when the President certifies to the necessity of its immediate enactment, etc." in
Art. VI, Section 26[2] qualifies the two stated conditions before a bill can become
a law: [i] the bill has passed three readings on separate days and [ii] it has been
printed in its final form and distributed three days before it is finally approved.
xxx
That upon the certification of a bill by the President, the requirement of
three readings on separate days and of printing and distribution can be dispensed
with is supported by the weight of legislative practice. For example, the bill
defining the certiorari jurisdiction of this Court which, in consolidation with the
Senate version, became Republic Act No. 5440, was passed on second and third
readings in the House of Representatives on the same day [May 14, 1968] after
the bill had been certified by the President as urgent.
In the present case, the records show that the President wrote to the Speaker
of the House of Representatives to certify the necessity of the immediate
enactment of a law synchronizing the ARMM elections with the national and local
elections.[20] Following our Tolentino ruling, the Presidents certification exempted
both the House and the Senate from having to comply with the three separate
readings requirement.
On the follow-up contention that no necessity existed for the immediate
enactment of these bills since there was no public calamity or emergency that had
to be met, again we hark back to our ruling in Tolentino:
The sufficiency of the factual basis of the suspension of the writ of habeas
corpus or declaration of martial law Art. VII, Section 18, or the existence of a
national emergency justifying the delegation of extraordinary powers to the
President under Art. VI, Section 23(2) is subject to judicial review because basic
rights of individuals may be of hazard. But the factual basis of presidential
certification of bills, which involves doing away with procedural
requirements designed to insure that bills are duly considered by members of
Congress, certainly should elicit a different standard of review. [Emphasis
supplied.]
Congress passed RA No. 9333,[31] which further reset the date of the ARMM
regional elections. Again, this law was not ratified through a plebiscite.
From these legislative actions, we see the clear intention of Congress to treat
the laws which fix the date of the subsequent ARMM elections as separate and
distinct from the Organic Acts. Congress only acted consistently with this intent
when it passed RA No. 10153 without requiring compliance with the amendment
prerequisites embodied in Section 1 and Section 3, Article XVII of RA No. 9054.
III. B. Supermajority voting requirement unconstitutional for giving RA No.
9054 the character of an irrepealable law
Even assuming that RA No. 9333 and RA No. 10153 did in fact amend RA
No. 9054, the supermajority (2/3) voting requirement required under Section 1,
Article XVII of RA No. 9054[32] has to be struck down for giving RA No. 9054 the
character of an irrepealable law by requiring more than what the Constitution
demands.
Section 16(2), Article VI of the Constitution provides that a majority of each
House shall constitute a quorum to do business. In other words, as long as majority
of the members of the House of Representatives or the Senate are present, these
bodies have the quorum needed to conduct business and hold session. Within a
quorum, a vote of majority is generally sufficient to enact laws or approve acts.
In contrast, Section 1, Article XVII of RA No. 9054 requires a vote of no
less than two-thirds (2/3) of the Members of the House of Representatives and of
the Senate, voting separately, in order to effectively amend RA No. 9054. Clearly,
this 2/3 voting requirement is higher than what the Constitution requires for the
passage of bills, and served to restrain the plenary powers of Congress to amend,
revise or repeal the laws it had passed. The Courts pronouncement in City of
Davao v. GSIS[33] on this subject best explains the basis and reason for the
unconstitutionality:
Moreover, it would be noxious anathema to democratic principles for a
legislative body to have the ability to bind the actions of future legislative body,
considering that both assemblies are regarded with equal footing, exercising as they
do the same plenary powers. Perpetual infallibility is not one of the attributes
desired in a legislative body, and a legislature which attempts to forestall future
Section 18, Article X of the Constitution plainly states that The creation of
the autonomous region shall be effective when approved by the majority of the
votes case by the constituent units in a plebiscite called for the purpose. With these
wordings as standard, we interpret the requirement to mean that only amendments
to, or revisions of, the Organic Act constitutionally-essential to the creation
of autonomous regions i.e., those aspects specifically mentioned in the Constitution
which Congress must provide for in the Organic Act require ratification through a
plebiscite. These amendments to the Organic Act are those that relate to: (a) the
basic structure of the regional government; (b) the regions judicial system, i.e.,
thespecial courts with personal, family, and property law jurisdiction; and, (c) the
grant and extent of the legislative powers constitutionally conceded to the regional
government under Section 20, Article X of the Constitution.[36]
The date of the ARMM elections does not fall under any of the matters that
the Constitution specifically mandated Congress to provide for in the Organic Act.
Therefore, even assuming that the supermajority votes and the plebiscite
requirements are valid, any change in the date of elections cannot be construed as a
substantial amendment of the Organic Act that would require compliance with
these requirements.
IV. The synchronization issue
As we discussed above, synchronization of national and local elections is a
constitutional mandate that Congress must provide for and this synchronization
must include the ARMM elections. On this point, an existing law in fact already
exists RA No. 7166 as the forerunner of the current RA No. 10153. RA No. 7166
already provides for the synchronization of local elections with the national and
congressional elections. Thus, what RA No. 10153 provides is an old matter for
local
governments
(with
the
exception
of barangay and Sanggunian Kabataanelections where the terms are not
constitutionally provided) and is technically a reiteration of what is already
reflected in the law, given that regional elections are in reality local elections by
express constitutional recognition.[37]
To achieve synchronization, Congress necessarily has to reconcile the
schedule of the ARMMs regular elections (which should have been held in August
2011 based on RA No. 9333) with the fixed schedule of the national and local
elections (fixed by RA No. 7166 to be held in May 2013).
During the oral arguments, the Court identified the three options open to
Congress in order to resolve this problem. These options are: (1) to allow the
elective officials in the ARMM to remain in office in a hold over capacity, pursuant
to Section 7(1), Article VII of RA No. 9054, until those elected in the synchronized
elections assume office;[38] (2) to hold special elections in the ARMM, with the
terms of those elected to expire when those elected in the synchronized elections
assume office; or (3) to authorize the President to appoint OICs, pursuant to
Section 3 of RA No. 10153, also until those elected in the synchronized elections
assume office.
As will be abundantly clear in the discussion below, Congress, in choosing
to grant the President the power to appoint OICs, chose the correct option and
passed RA No. 10153 as a completely valid law.
V.
events which led to the enactment of the particular provision as a part of organic
law.[43]
The constitutional provisions on autonomy specifically, Sections 15 to 21 of
Article X of the Constitution constitute express limitations on legislative power as
they define autonomy, its requirements and its parameters, thus limiting what is
otherwise the unlimited power of Congress to legislate on the governance of the
autonomous region.
Of particular relevance to the issues of the present case are the limitations
posed by the prescribed basic structure of government i.e., that the government
must have an executive department and a legislative assembly, both of which must
be elective and representative of the constituent political units; national
government, too, must not encroach on the legislative powers granted under
Section 20, Article X. Conversely and as expressly reflected in Section 17, Article
X, all powers and functions not granted by this Constitution or by law to the
autonomous regions shall be vested in the National Government.
The totality of Sections 15 to 21 of Article X should likewise serve as a
standard that Congress must observe in dealing with legislation touching on the
affairs of the autonomous regions. The terms of these sections leave no doubt on
what the Constitution intends the idea of self-rule or self-government, in particular,
the power to legislate on a wide array of social, economic and administrative
matters. But equally clear under these provisions are the permeating principles of
national sovereignty and the territorial integrity of the Republic, as expressed in
the above-quoted Section 17 and in Section 15. [44] In other words, the Constitution
and the supporting jurisprudence, as they now stand, reject the notion of imperium
et imperio[45] in the relationship between the national and the regional governments.
In relation with synchronization, both autonomy and the synchronization of
national and local elections are recognized and established constitutional mandates,
with one being as compelling as the other. If their compelling force differs at all,
the difference is in their coverage; synchronization operates on and affects the
whole country, while regional autonomy as the term suggests directly carries a
narrower regional effect although its national effect cannot be discounted.
These underlying basic concepts characterize the powers and limitations of
Congress when it acted on RA No. 10153. To succinctly describe the legal situation
that faced Congress then, its decision to synchronize the regional elections with the
national,
congressional
and
all
other
local
elections
(save
for barangay and sangguniang kabataan elections) left it with the problem of how
to provide the ARMM with governance in the intervening period between the
expiration of the term of those elected in August 2008 and the assumption to office
twenty-one (21) months away of those who will win in the synchronized elections
on May 13, 2013.
The problem, in other words, was for interim measures for this period,
consistent with the terms of the Constitution and its established supporting
jurisprudence, and with the respect due to the concept of autonomy. Interim
measures, to be sure, is not a strange phenomenon in the Philippine legal
landscape. The Constitutions Transitory Provisions themselves collectively provide
measures for transition from the old constitution to the new [46] and for the
introduction of new concepts.[47] As previously mentioned, the adjustment of
elective terms and of elections towards the goal of synchronization first transpired
under the Transitory Provisions. The adjustments, however, failed to look far
enough or deeply enough, particularly into the problems that synchronizing
regional autonomous elections would entail; thus, the present problem is with us
today.
The creation of local government units also represents instances when
interim measures are required. In the creation of Quezon del Sur[48] and Dinagat
Islands,[49] the creating statutes authorized the President to appoint an interim
governor, vice-governor and members of the sangguniang panlalawigan although
these positions are essentially elective in character; the appointive officials were to
serve until a new set of provincial officials shall have been elected and qualified.
[50]
A similar authority to appoint is provided in the transition of a local government
from a sub-province to a province.[51]
In all these, the need for interim measures is dictated by necessity; out-ofthe-way arrangements and approaches were adopted or used in order to adjust to
the goal or objective in sight in a manner that does not do violence to the
Constitution and to reasonably accepted norms. Under these limitations, the choice
of measures was a question of wisdom left to congressional discretion.
To return to the underlying basic concepts, these concepts shall serve as the
guideposts and markers in our discussion of the options available to Congress to
address the problems brought about by the synchronization of the ARMM
elections, properly understood as interim measures that Congress had to
provide. The proper understanding of the options as interim measures assume
prime materiality as it is under these terms that the passage of RA No. 10153
should be measured, i.e., given the constitutional objective of synchronization
that cannot legally be faulted, did Congress gravely abuse its discretion or
violate the Constitution when it addressed through RA No. 10153 the
concomitant problems that the adjustment of elections necessarily brought with
it?
B. Holdover Option is Unconstitutional
We rule out the first option holdover for those who were elected in executive
and legislative positions in the ARMM during the 2008-2011 term as an option that
Congress could have chosen because a holdover violates Section 8, Article X of the
Constitution. This provision states:
Section 8. The term of office of elective local officials, except barangay
officials, which shall be determined by law, shall be three years and no such
official shall serve for more than three consecutive terms. [emphases ours]
Since elective ARMM officials are local officials, they are covered and
bound by the three-year term limit prescribed by the Constitution; they cannot
extend their term through a holdover. As this Court put in Osmea v. COMELEC:[52]
It is not competent for the legislature to extend the term of officers by
providing that they shall hold over until their successors are elected and qualified
where the constitution has in effect or by clear implication prescribed the term
and when the Constitution fixes the day on which the official term shall begin,
there is no legislative authority to continue the office beyond that period, even
though the successors fail to qualify within the time.
In American Jurisprudence it has been stated as follows:
The present case though differs significantly from past cases with contrary rulings,
particularly
from Sambarani
v.
COMELEC,[57] Adap
v.
Comelec,
[58]
[59]
and Montesclaros v. Comelec, where the Court ruled that the elective officials
could hold on to their positions in a hold over capacity.
All these past cases refer to elective barangay or sangguniang
kabataan officials whoseterms of office are not explicitly provided for
in the Constitution; the present case, on the other hand, refers to local elective
officials the ARMM Governor, the ARMM Vice-Governor, and the members of the
Regional Legislative Assembly whose terms fall within the three-year term limit
set by Section 8, Article X of the Constitution. Because of their constitutionally
limited term, Congress cannot legislate an extension beyond the term for which
they were originally elected.
Even assuming that holdover is constitutionally permissible, and there had
been statutory basis for it (namely Section 7, Article VII of RA No. 9054) in the
past,[60] we have to remember that the rule of holdover can only apply as an
available option where no express or implied legislative intent to the contrary
exists; it cannot apply where such contrary intent is evident.[61]
Congress, in passing RA No. 10153, made it explicitly clear that it had the
intention of suppressing the holdover rule that prevailed under RA No. 9054 by
completely removing this provision. The deletion is a policy decision that is wholly
within the discretion of Congress to make in the exercise of its plenary legislative
powers; this Court cannot pass upon questions ofwisdom, justice or expediency of
legislation,[62] except where an attendant unconstitutionality or grave abuse of
discretion results.
C. The COMELEC has no authority to order special elections
Another option proposed by the petitioner in G.R. No. 197282 is for this
Court to compel COMELEC to immediately conduct special elections pursuant to
Section 5 and 6 of Batas Pambansa Bilang (BP) 881.
The power to fix the date of elections is essentially legislative in nature, as
evident from, and exemplified by, the following provisions of the Constitution:
Section 8, Article VI, applicable to the legislature, provides:
Section 4(3), Article VII, with the same tenor but applicable solely to the President
and Vice-President, states:
xxxx
Section 4. xxx Unless otherwise provided by law, the regular election for
President and Vice-President shall be held on the second Monday of May.
[Emphasis ours]
Even assuming that it is legally permissible for the Court to compel the
COMELEC to hold special elections, no legal basis likewise exists to rule that the
newly elected ARMM officials shall hold office only until the ARMM officials
elected in the synchronized elections shall have assumed office.
In the first place, the Court is not empowered to adjust the terms of elective
officials. Based on the Constitution, the power to fix the term of office of elective
officials, which can be exercised only in the case of barangay officials,[67] is
specifically given to Congress. Even Congress itself may be denied such power, as
shown when the Constitution shortened the terms of twelve Senators obtaining the
least votes,[68] and extended the terms of the President and the Vice-President[69] in
order to synchronize elections; Congress was not granted this same power. The
settled rule is that terms fixed by the Constitution cannot be changed by mere
statute.[70] More particularly, not even Congress and certainly not this Court, has the
authority to fix the terms of elective local officials in the ARMM for less, or more,
than the constitutionally mandated three years [71] as this tinkering would directly
contravene Section 8, Article X of the Constitution as we ruled in Osmena.
Thus, in the same way that the term of elective ARMM officials cannot be
extended through a holdover, the term cannot be shortened by putting an
expiration date earlier than the three (3) years that the Constitution itself
commands. This is what will happen a term of less than two years if a call for
special elections shall prevail. In sum, while synchronization is achieved, the
result is at the cost of a violation of an express provision of the Constitution.
Neither we nor Congress can opt to shorten the tenure of those officials to be
elected in the ARMM elections instead of acting on their term (where the term
means the time during which the officer may claim to hold office as of right and
fixes the interval after which the several incumbents shall succeed one another,
while the tenure represents the term during which the incumbent actually holds the
office).[72] As with the fixing of the elective term, neither Congress nor the Court
has any legal basis to shorten the tenure of elective ARMM officials. They would
commit an unconstitutional act and gravely abuse their discretion if they do so.
E. The Presidents Power to Appoint OICs
The above considerations leave only Congress chosen interim measure RA
No. 10153 and the appointment by the President of OICs to govern the ARMM
during the pre-synchronization period pursuant to Sections 3, 4 and 5 of this law as
the only measure that Congress can make. This choice itself, however, should be
examined for any attendant constitutional infirmity.
At the outset, the power to appoint is essentially executive in nature, and the
limitations on or qualifications to the exercise of this power should be strictly
construed; these limitations or qualifications must be clearly stated in order to be
recognized.[73] The appointing power is embodied in Section 16, Article VII of the
Constitution, which states:
Section 16. The President shall nominate and, with the consent of the
Commission on Appointments, appoint the heads of the executive departments,
ambassadors, other public ministers and consuls or officers of the armed forces
from the rank of colonel or naval captain, and other officers whose appointments
are vested in him in this Constitution. He shall also appoint all other officers of
the Government whose appointments are not otherwise provided for by law,
and those whom he may be authorized by law to appoint. The Congress may,
by law, vest the appointment of other officers lower in rank in the President alone,
in the courts, or in the heads of departments, agencies, commissions, or boards.
[emphasis ours]
This provision classifies into four groups the officers that the President can
appoint. These are:
First, the heads of the executive departments; ambassadors; other public
ministers and consuls; officers of the Armed Forces of the Philippines, from the
rank of colonel or naval captain; and other officers whose appointments are vested
in the President in this Constitution;
Second, all other officers of the government whose appointments are not
otherwise provided for by law;
Third, those whom the President may be authorized by law to appoint; and
Fourth, officers lower in rank whose appointments the Congress may by law
vest in the President alone.[74]
Since the Presidents authority to appoint OICs emanates from RA No.
10153, it falls under the third group of officials that the President can appoint
pursuant to Section 16, Article VII of the Constitution. Thus, the assailed
law facially rests on clear constitutional basis.
ARTURO D. BRION
Associate Justice
WE CONCUR:
DIOSDADO M. PERALTA
Associate Justice
LUCAS P. BERSAMIN
Associate Justice
BIENVENIDO L. REYES
Associate Justice
ESTELA M. PERLAS-BERNABE
Associate Justice
C E R T I F I C AT I O N
Pursuant to Section 13, Article VIII of the Constitution, I certify that the
conclusions in the above Decision had been reached in consultation before the case
was assigned to the writer of the opinion of the Court.
RENATO C. CORONA
Chief Justice
[1]
Entitled An act fixing the date of the plebiscite for the approval of the amendments to Republic Act No. 6734 and
setting the date of the regular elections for elective officials of the Autonomous Region in Muslim Mindanao on the
last Monday of November 2001, amending for the purpose 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 the Autonomous Region in Muslim Mindanao, as amended, and for
other purposes.
[2]
Entitled 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
[3]
Filed by petitioners Datu Michael Abas Kida, in his personal capacity, and in representation of Maguindanao
Federation of Autonomous Irrigators Association, Inc., Hadji Muhmina Usman, John Anthony L. Lim, Jamilon T.
Odin, Asrin Timbol Jaiyari, Mujib M. Kalang, Alih Al-Saidi J. Sapi-e, Kessar Damsie Abdil, and Bassam Aluh
Saupi.
[4]
Petition for Prohibition with Very Urgent Prayer for the Issuance of a Writ of Preliminary Injunction and/or
Temporary Restraining Order dated April 11, 2011 was filed against Sixto Brillantes, as Chairperson of COMELEC,
to challenge the effectivity of RA No. 9333 for not having been submitted to a plebiscite. Since RA No. 9333 is
inoperative, any other law seeking to amend it is also null and void.
[5]
With Prayer for the Issuance of a Temporary Restraining Order and/or Writs of Preliminary Prohibitive and
Mandatory Injunction dated June 30, 2011.
[6]
With Extremely Urgent Application for the Issuance of a Status Quo Order and Writ of Preliminary Mandatory
Injunction datedJuly 1, 2011.
[7]
With Prayer for the issuance of a Temporary Restraining Order dated July 12, 2011.
[8]
With Injunction and Preliminary Injunction with prayer for temporary restraining order dated July 11, 2011.
[9]
With Prayer for Temporary Restraining Order and the Issuance of Writs of Preliminary Injunction, Both
Prohibitory and Mandatory dated July 1, 2011.
[10]
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 election in 1992, the first twelve obtaining the highest number of votes shall serve for
six years and theremaining twelve for three years.
xxx
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. [emphasis ours]
[11]
To illustrate, while Section 8, Article X of the Constitution fixes the term of office of elective local officials at
three years, under the above-quoted provisions, the terms of the incumbent local officials who were elected in
January 1988, which should have expired on February 2, 1991, were fixed to expire at noon of June 30, 1992. In the
same vein, the terms of the incumbent President and Vice President who were elected in February 1986 were
extended to noon of June 30, 1992. On the other hand, in order to synchronize the elections of the Senators, who
have six-year terms, the twelve Senators who obtained the lowest votes during the 1992 elections were made to
serve only half the time of their terms.
[12]
Joaquin Bernas, S.J., The 1987 Constitution of the Republic of the Philippines: A Commentary (1996 ed.), p.
1199, citing Records of the Constitutional Commission, Vol. V, p. 429-4.
[13]
MR. MAAMBONG. For purposes of identification, I will now read a section which we will temporarily indicate
as Section 14. It reads: THE SENATORS, MEMBERS OF THE HOUSE OF REPRESENTATIVES AND THE
LOCAL OFFICIALS ELECTED IN THE FIRST ELECTION SHALL SERVE FOR FIVE YEARS, TO EXPIRE AT
NOON OF JUNE 1992.
This was presented by Commissioner Davide, so may we ask that Commissioner Davide be recognized.
THE PRESIDING OFFICER (Mr. Rodrigo). Commissioner Davide is recognized.
MR. DAVIDE. Before going to the proposed amendment, I would only state that in view of the action taken by the
Commission on Section 2 earlier, I am formulating a new proposal. It will read as follows: THE SENATORS,
MEMBERS OF THE HOUSE OF REPRESENTATIVES AND THE LOCAL OFFICIALS FIRST ELECTED
UNDER THIS CONSTITUTION SHALL SERVE UNTILNOON OF JUNE 30, 1992.
I proposed this because of the proposed section of the Article on Transitory Provisions giving a term to the
incumbent President and Vice-President until 1992. Necessarily then, since the term provided by the Commission for
Members of the Lower House and for local officials is three years, if there will be an election in 1987, the next
election for said officers will be in 1990, and it would be very close to 1992. We could never attain, subsequently,
any synchronization of election which is once every three years.
So under my proposal we will be able to begin actual synchronization in 1992, and consequently, we should not
have a local election or an election for Members of the Lower House in 1990 for them to be able to complete their
term of three years each. And if we also stagger the Senate, upon the first election it will result in an election in 1993
for the Senate alone, and there will be an election for 12 Senators in 1990. But for the remaining 12 who will be
elected in 1987, if their term is for six years, their election will be in 1993. So, consequently we will have elections in
1990, in 1992 and in 1993. The later election will be limited to only 12 Senators and of course to local officials and
the Members of the Lower House. But, definitely, thereafter we can never have an election once every three years,
therefore defeating the very purpose of the Commission when we adopted the term of six years for the President and
another six years for the Senators with the possibility of staggering with 12 to serve for six years and 12 for three
years insofar as the first Senators are concerned. And so my proposal is the only way to effect the first
synchronized election which would mean, necessarily, a bonus of two years to the Members of the Lower
House and a bonus of two years to the local elective officials.
THE PRESIDING OFFICER (Mr. Rodrigo). What does the committee say?
MR. DE CASTRO. Mr. Presiding Officer.
THE PRESIDING OFFICER (Mr. Rodrigo). Commissioner de Castro is recognized.
MR. DE CASTRO. Thank you.
During the discussion on the legislative and the synchronization of elections, I was the one who proposed that in
order to synchronize the elections every three years, which the body approved the first national and local officials to
be elected in 1987 shall continue in office for five years, the same thing the Honorable Davide is now proposing.
That means they will all serve until 1992, assuming that the term of the President will be for six years and continue
beginning in 1986. So from 1992, we will again have national, local and presidential elections. This time, in 1992,
the President shall have a term until 1998 and the first twelve Senators will serve until 1998, while the next 12
shall serve until 1995, and then the local officials elected in 1992 will serve until 1995. From then on, we shall
have an election every three years.
So, I will say that the proposition of Commissioner Davide is in order, if we have to synchronize our elections every
three years which was already approved by the body.
Thank you, Mr. Presiding Officer.
xxx xxx xxx
MR. GUINGONA. What will be synchronized, therefore, is the election of the incumbent President and VicePresident in 1992.
MR. DAVIDE. Yes.
MR. GUINGONA. Not the reverse. Will the committee not synchronize the election of the Senators and local
officials with the election of the President?
MR. DAVIDE. It works both ways, Mr. Presiding Officer. The attempt here is on the assumption that the provision of
the Transitory Provisions on the term of the incumbent President and Vice-President would really end in 1992.
MR. GUINGONA. Yes.
MR. DAVIDE. In other words, there will be a single election in 1992 for all, from the President up to the
municipal officials. [emphasis ours] (V Record of the Constitutional Commission, pp. 429-431; October 3,
1986)
[14]
G.R. Nos. 100318, 100308, 100417 and 100420, July 30, 1991, 199 SCRA 750, 758.
J.M. Tuason & Co., Inc. v. Land Tenure Administration, G.R. No. 21064, February 18, 1970, 31 SCRA
413; Ordillo v. Commission on Elections, 192 SCRA 100 (1990).
[16]
271 SCRA 633, 668 (1997); Occena v. Commission on Elections, G.R. No. 52265, January 28, 1980, 95 SCRA
755.
[17]
Websters Third New International Dictionary Unabridged, p.1327 (1993).
[18]
Section 26(2) No bill passed by either House shall become a law unless it has passed three readings on separate
days, and 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. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be
taken immediately thereafter, and the yeas and nays entered in the Journal.
[19]
G. R. No. 115455, August 25, 1994, 235 SCRA 630.
[20]
A copy of the letter that the President wrote to Honorable Feliciano Belmonte, Jr. as Speaker of the House of
Representatives dated March 4, 2011 is reproduced below:
OFFICE OF THE PRESIDENT
of the Philippines
Malacaang
[15]
14 March 2011
HON. FELICIANO R. BELMONTE, JR.
Speaker
House of Representatives
Quezon City
Dear Speaker Belmonte:
Pursuant to the provisions of Article VI, Section 26 (2) of the 1987 Constitution, I hereby certify to the necessity of
the immediate enactment of House Bill No. 4146, entitled:
AN ACT PROVIDING FOR THE SYNCHRONIZATION OF THE ELECTIONS AND THE TERM OF OFFICE
OF THE ELECTIVE OFFICIALS OF THE AUTONOMOUS REGION IN MUSLIM MINDANAO (ARMM)
WITH THOSE OF THE NATIONAL AND OTHER LOCAL OFFICIALS, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 9333, ENTITLED AN ACT FIXING THE DATE FOR REGULAR ELECTIONS FOR
ELECTIVE OFFICIALS OF THE AUTONOMOUS REGION IN MUSLIM MINDANAO, AND FOR OTHER
PURPOSES
to address the urgent need to protect and strengthen ARMMs autonomy by synchronizing its elections with the
regular elections of national and other local officials, to ensure that the on-going peace talks in the region will not be
hindered, and to provide a mechanism to institutionalize electoral reforms in the interim, all for the development,
peace and security of the region.
Best wishes.
Very truly yours,
(Sgd.) BENIGNO SIMEON C. AQUINO III
cc: HON. JUAN PONCE ENRILE
Senate President
Philippine Senate
Pasay City
Taken from: http://www.congress.gov.ph/download/congrec/15th/1st/15C_1RS-64b-031611.pdf. Last accessed
on September 26, 2011.
[21]
See Gutierrez v. House of Representatives, G.R. No. 193459, February 15, 2011.
[22]
Tolentino v. Secretary of Finance, G.R. No. 115455, October 30, 1995.
[23]
Tolentino, id., citing 1 J. G. Sutherland, Statutes and Statutory Construction 10.04, p. 282 (1972).
[24]
Section 7, Article XIX of RA No. 6734 states: The first regular elections of the Regional Governor, ViceGovernor and Members of the Regional Assembly under this Organic Act shall be held not earlier than sixty (60)
days or later than ninety (90) days after the ratification of this Act. The Commission on Elections shall promulgate
such rules and regulations as may be necessary for the conduct of said election.
[25]
Entitled An Act Providing for the Date of Regular Elections for Regional Governor, Regional Vice-Governor and
Members of the Regional Legislative Assembly for the Autonomous Region in Muslim Mindanao and for other
purposes, which fixed the date of the ARMM elections on the second Monday after the Muslim month of Ramadhan.
[26]
Entitled An Act Changing the Date of Elections for the Elective Officials of the Autonomous Region for Muslim
Mindanao, Amending for the Purpose Section One of Republic Act Numbered Seventy-Six Hundred and FortySeven Entitled An Act Providing for the Date of the Regular Elections for Regional Governor, Regional ViceGovernor and Members of the Regional Legislative Assembly for the Autonomous Region in Muslim Mindanao and
for other purposes, which changed the date of the ARMM elections to the second Monday of March, 1993 and every
three (3) years thereafter.
[27]
Entitled An Act Providing for the Date of the Regular Elections of Regional Governor, Regional Vice-Governor
and Members of the Regional Legislative Assembly of the Autonomous Region in Muslim Mindanao (ARMM)
Further Amending for the Purpose Republic Act No. 7647 entitled An Act Providing for the Date of Regular
Elections for Regional Governor, Regional Vice-Governor and Members of the Regional Legislative Assembly for
the Autonomous Region in Muslim Mindanao and for other purposes, As Amended, and for other purposes, which
moved the regional elections to the second Monday of September and every three (3) years thereafter.
[28]
Entitled An Act Resetting the Regular Elections for the Elective Officials of the Autonomous Region in Muslim
Mindanao Provided for Under Republic Act No. 8746 and for other purposes, which reset the regional
elections, scheduled on September 13, 1999, to the second Monday of September 2000.
[29]
Entitled An Act Resetting the Regular Elections for Elective Officials of the Autonomous Region in Muslim
Mindanao to the Second Monday of September 2001, Amending for the Purpose Republic Act No. 8953,
which reset the May 2001 elections in ARMM to September 2001.
[30]
Entitled An Act Fixing the Date of the Plebiscite for the Approval of the Amendments to Republic Act No. 6734
and setting the date of the regular elections for elective officials of the Autonomous Region in Muslim Mindanao on
the Last Monday of November 2001, Amending for the Purpose 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 the Autonomous Region in Muslim Mindanao, as
amended, and For Other Purposes.
[31]
Entitled An Act Fixing the Date of 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, which rescheduled the
ARMM regional elections scheduled for the last Monday of November 2004 to the second Monday of August 2005.
[32]
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.
[33]
G.R. No. 127383, August 18, 2005, 467 SCRA 280.
[34]
Id. at 295-297, citing Duarte v. Dade, 32 Phil. 36 (1915); LEWIS SOUTHERLAND ON STATUTORY
CONSTRUCTION, Vol. 1, Section 244, pp. 456-457.
[35]
This has been established by the following exchange during the Constitutional Commission debates:
FR. BERNAS. So, the questions I have raised so far with respect to this organic act are: What segment of the
population will participate in the plebiscite? In what capacity would the legislature be acting when it passes this?
Will it be a constituent assembly or merely a legislative body? What is the nature, therefore, of this organic act in
relation to ordinary statutes and the Constitution? Finally, if we are going to amend this organic act, what process
will be followed?
MR. NOLLEDO. May I answer that, please, in the light of what is now appearing in our report.
First, only the people who are residing in the units composing the region should be allowed to participate in the
plebiscite. Second, the organic act has the character of a charter passed by Congress, not as a constituent assembly,
but as an ordinary legislature and, therefore, the organic act will still be subject to amendments in the ordinary
legislative process as now constituted, unless the Gentleman has another purpose.
FR. BERNAS. But with plebiscite again. [Emphasis ours.];
III Record of the Constitutional Commission, pp.182-183; August 11, 1986.
[36]
Section 20. Within its territorial jurisdiction and subject to the provisions of this Constitution and national laws,
the organic act of autonomous regions shall provide for legislative powers over:
[60]
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 Legislative 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.
[61]
Guekeko v. Santos, 76 Phil. 237 (1946).
[62]
Lozano v. Nograles, G.R. 187883, June 16, 2009, 589 SCRA 356.
[63]
Ututalum v. Commission on Elections, No. L-25349, December 3, 1965, 15 SCRA 465.
[64]
See CONSTITUTION, Article VIII, Section 1.
[65]
See CONSTITUTION, Article IX (C), Section 2(1).
[66]
Balagtas Multi-Purpose Cooperative, Inc. v. Court of Appeals, G.R. No. 159268, October 27, 2006, 505 SCRA
654, 663, citing Lapid v. CA, G.R. No. 142261, June 29, 2000, 334 SCRA 738, quoting Morales v. Subido, G.R.
No. 29658, November 29, 1968, 26 SCRA 150.
[67]
CONSTITUTION, Article X, Section 8.
[68]
Article XVIII, 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.
[69]
Article XVIII, 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 the President and Vice-President under this Constitution shall be held on the second
Monday of May, 1992.
[70]
Cruz, Carlo. The Law of Public Officers, 2007 edition, p. 285, citing Mechem, Section 387.
[71]
Ponencia, p. 21.
[72]
See Topacio Nueno v. Angeles, 76 Phil. 12, 21-22 (1946); Alba, etc. v. Evangelista, etc., et al., 100 Phil. 683, 694
(1957); Aparri v. Court of Appeals, No. L-30057, January 31, 1984, 127 SCRA 231.
[73]
Hon. Luis Mario M. General, Commissioner, National Police Commission v. Hon. Alejandro S. Urro, et al., G.R.
No. 191560,March 29, 2011, citing Sarmiento III v. Mison, No. L-79974, December 17, 1987, 156 SCRA 549.
[74]
Sarmiento III v. Mison, supra.
[75]
If a statute is clear, plain and free from ambiguity, it must be given its literal meaning and applied without
attempted interpretation. De Jesus v. Commission on Audit, 451 Phil. 812 (2003).
[76]
Supra notes 47 and 48.
[77]
Supra note 50.
[78]
The after-effects of the Maguindanao massacre where the Ampatuans stand charged, the insurrection by the
MILF and its various factions, and the on-going peace negotiations, among others, are immediately past and present
events that the nation has to vigilant about.
[79]
274 Phil. 523 (1991).
[80]
Id. at 532.
[81]
Macalintal v. Presidential Electoral Tribunal, G.R. No. 191618, November 23, 2010, 635 SCRA 783.
[82]
As noted under footnote 37.
[83]
118 Phil. 1468 (1963).
[84]
Record of the Constitutional Commission, Vol. III, August 11, 1986, p. 179.
[85]
[92]
See Estrada v. Sandiganbayan, 421 Phil. 290 (2001); Heirs of Juancho Ardona, etc., et al. v. Hon. Reyes, etc., et
al., supra;Peralta v. Commission on Elections, supra.
[93]
Heirs of Juancho Ardona, etc., et al. v. Hon. Reyes, etc., et al., supra; Peralta v. Commission on Elections, supra.
[94]
G.R. No. 100883, December 2, 1991, 204 SCRA 516.
[95]
Id. at 523.