HOUSE Minority Leader Edcel Lagman said Friday that the hold-over provision in the Autonomous Region in Muslim Mindanao (Armm) is "valid, legal and constitutional".
Lagman made these remarks after Malacanang insisted on pushing through with the screening of nominees to be appointed as officers-in-charge in Armm in case the Supreme Court (SC) is unable to resolve the petitions questioning the legality of Republic Act (RA) 10153 before the end of the month.
RA 10153 is a law signed by President Benigno Aquino III synchronizing the Armm elections with the mid-term elections in 2013.
“There will be no void or vacancies in the positions of Armm governor, vice governor and members of the regional assembly whose terms of office expire on September 30, 2011,” Lagman, the principal petitioner questioning RA 10153, said.
The Minority Leader explained that existing laws on Armm, particularly RA 9054 or the Expanded Organic Act of 2001, authorizes the hold-over of incumbents until their successors are duly elected and qualified.
Early this month, the SC issued a temporary restraining order (TRO) on the implementation of RA 10153, which deferred the 2011 Armm polls.
Citing the motion for reconsideration filed by Solicitor General Jose Anselmo Cadiz, Lagman said what the SC prohibited in its Osmena vs Comelec (Commission on Elections) ruling is the hold-over of elected officials whose terms of office are fixed by the Constitution like the President, Vice President, senators, representatives and local elective officials from governor to municipal councilor.
If it will be implemented, RA 10153 will allow President Aquino to appoint a regional governor, vice governor, and 24 members of the Regional Legislative Assembly.
Lagman underscored that the terms of office of Armm regional officials are fixed by the Organic Act of 1989 and not by the Constitution because at the time the 1987 Constitution was ratified, there was no Armm yet.
The Armm was only later established by Congress pursuant to the mandate of the Constitution, which gave the Congress the full authority to set up the basic structure of the Armm government, including the terms of office of its principal regional officials.
"Moreover, the Armm officials do not fall under the traditional concept of ‘’ocal officials’ since they are regional officials of higher status enjoying more autonomy," he added. (Kathrina Alvarez/Sunnex)
Sumber: http://www.sunstar.com.ph/manila/local-news/2011/09/23/hold-over-armm-officials-constitutional-181104