PNoy asks SC to consider graft, injustice in ARMM

President Benigno Aquino III urged the Supreme Court to consider widespread graft, corruption and injustice in the Autonomous Region in Muslim Mindanao (ARMM) that temporary appointees can address when they replace incumbent officials of the region.

His appeal on Tuesday came hours after the high court issued an order effectively stopping President Aquino from replacing the elected incumbents with appointees chosen by a committee.

The SC, voting 8-4, issued a temporary restraining order to keep Aquino from appointing 26 temporary ARMM officials, including the region's governor, vice governor, and 24 representatives of the Regional Legislative Assembly.

“Natutuwa ba tayo sa sitwasyon sa ARMM? Natutuwa ba tayo sa report ng COA(Commission on Audit) tungkol sa pagkawala ng 80 porsyento ng pondo na dapat sana ay napunta sa taumbayan? Ganoon po ba kadaling malimot ang 57 taong walang awang pinaslang sa Maguindanao," Aquino said in a statement Presidential Spokesman Edwin Lacierda read Tuesday.



The committee tasked to screen nominees for temporary appointment to ARMM posts has until September 30 to submit its recommendations to Aquino.

Court Administrator and SC spokesman Midas Marquez said the magistrates' actual intention in issuing its latest order was to prevent any appointment of temporary officials in ARMM.

Despite the TRO, Marquez said the government can still proceed with its screening process for the 300 applications for the 26 available ARMM OIC posts.

Interior Secretary Jesse Robredo, who heads the screening process, has yet to respond to GMA News Online's questions regarding his take on the SC order.

Marquez also clarified that the ruling would not affect the regular national elections in 2013 and that the Commission on Elections could still carry on with its preparations for it.

Culture of violence 

President Aquino said reform in the ARMM would have little chance of surviving if the incumbent officials are allowed to stay in power.

“Kailangan nating putulin ang sistema ng pang-aabuso na tila naging kultura na sa ARMM. Kaya naman reporma ang tanging magiging tuon ng ating mga OIC: totoong ospital, totoong paaralan, totoong mga serbisyo, at hindi mga multong pinagkakakitaan,"he said.

Aquino assured that the problems in the ARMM will be addressed with the appointment of OICs who will remain faithful to their duty.

“Sinisiguro naming sa loob ng 21 buwan na panunungkulan ng mga OIC, magkakaroon ng radikal na pagbabago na magbibigay ng tunay na serbisyo sa mga mamamayan ng ARMM," he said.

The chief executive still has hope his government’s case will prosper in the SC and his advisers said they can formally ask the SC majority to reconsider their ruiling.

Lacierda said they are coordinating with the Office of the Solicitor-General to decide on the next move the government should take to overcome the TRO.

“But we have options available to us, including MR (motion for reconsideration). We will have to live with it," Eduardo de Mesa, chief presidential legal counsel, said in an interview.

Observe judicial courtesy

Meanwhile, at the House of Representatives, Albay Rep. Edcel Lagman welcomed the SC decision and described it as a “great possibility" for another victory.

“As the principal petitioner assailing the constitutionality of the cancellation of the ARMM elections… I laud the Supreme Court for restraining the appointments of OICs pending final adjudication of the petition," he said.

The decision means that Malacañang should observe judicial courtesy and “not to pre-empt the final decision of the Supreme Court by extending precipitate appointment to OICs," Lagman added.

The lawmaker said the high court decision will not create a leadership vacuum in the ARMM, since incumbent officials can stay on in “hold-over" capacity pending the election and qualification of successors.

Last year, the SC favored Lagman’s petition to declare the Truth Commission formed by Aquino as unconstitutional.

Dissenting opinions

Those who voted for the issuance of a temporary restraining order (TRO) were Chief Justice Renato Corona, Justices Presbitero Velasco Jr., Arturo Brion, Teresita Leonardo-de Castro, Roberto Abad, Jose Perez, Jose Mendoza, and Martin Villarama.

Those who wanted the ARMM polls to push through in 2013 were Justices Antonio Carpio, Diosdado Peralta, Lucas Bersamin and Maria Lourdes Sereno.

Justice Mariano del Castillo did not vote because he was on leave.

Marquez said the TRO will be out by Wednesday, along with the four justices' dissenting opinions.

"For the majority, it would be better that the TRO be issued now, at this time prior to the appointment of the OICs should the court not be able to decide these cases on the merits prior to September 30," Marquez explained.

Marquez said incumbent ARMM officials will have to remain in their posts if the SC justices do not come up with a final ruling on the petitions against the poll deferment.

Assailing the law

The SC has consolidated the seven petitions assailing the law, which was signed by President Aquino last June 30.

The direct petitioners and respondents in the consolidated cases are:

• The group led by Datu Michael Abas Kida versus the Senate of the Philippines, et al.,
  
• Basari D. Mapupunta versus Commission on Elections chair Sixto Brillantes, et al.,
  
• House Minority Leader and Albay Rep. Edcel Lagman versus Executive Sec. Paquito Ochoa Jr., et al.,
  
• Almarin Centi Tillah versus Comele, et al.,
  
• Election lawyer Romulo Macalintal versus the Comelec, et al.,
  
• Louis Biraogo versus Comelec, et al., and
  
• Jacinto Paras versus Ochoa, et al.

Earlier, Paras asserted that appointing OICs in ARMM was a usurpation of the region's autonomy.

"It is not in accordance with the mandate by people under autonomy to choose their own officials," Paras said.

Supporters of poll postponement however told the court, "appointing is not contrary to the President's supervisory powers."

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