Beruflich Dokumente
Kultur Dokumente
Supreme Court
Manila
EN BANC
DATU MICHAEL ABAS KIDA,
in his personal capacity, and in representation of
MAGUINDANAO FEDERATION OF AUTONOMOUS
IRRIGATORS ASSOCIATION, INC., HADJI
MUHMINA J. 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,
Petitioners,
- versus -
- versus -
- versus -
PAQUITO N. OCHOA, JR., in his capacity as the
Executive Secretary, and the COMMISSION ON
ELECTIONS,
Respondents.
x----------------------------------------------x
- versus -
- versus -
JACINTO V. PARAS,
Petitioner,
- versus -
Present:
CORONA, C.J.,
CARPIO,
VELASCO, JR.,
LEONARDO-DE CASTRO,
BRION,
PERALTA,
BERSAMIN,
DEL CASTILLO,
ABAD,
VILLARAMA, JR.,
PEREZ,
MENDOZA,
SERENO,
REYES, and
PERLAS-BERNABE, JJ.
Promulgated:
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DECISION
BRION, J.:
Factual Antecedents
The Arguments
The Issues
OUR RULING
I. Synchronization as a recognized
constitutional mandate
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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.
xxx
A state legislature has a
plenary law-making power over all
subjects, whether pertaining to
persons or things, within its
territorial jurisdiction, either to
introduce new laws or repeal the
old, unless prohibited expressly or
by implication by the federal
constitution or limited or restrained
by its own. It cannot bind itself or
its successors by enacting
irrepealable laws except when so
restrained. Every legislative body
may modify or abolish the acts
passed by itself or its predecessors.
This power of repeal may be
exercised at the same session at
which the original act was passed;
and even while a bill is in its
progress and before it becomes a
law. This legislature cannot bind
a future legislature to a
particular mode of repeal. It
cannot declare in advance the
intent of subsequent legislatures
or the effect of subsequent
legislation upon existing
statutes.[34] (Emphasis ours.)
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
Kabataan elections 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).
V. The Constitutionality of RA
No. 10153
B. Holdover Option is
Unconstitutional
In American
Jurisprudence it has been stated
as follows:
It has been broadly
stated that the
legislature cannot, by
an act postponing the
election to fill an office
the term of which is
limited by the
Constitution, extend
the term of the
incumbent beyond the
period as limited by
the Constitution.
[Emphasis ours.]
In a republican form of
government, the majority rules
through their chosen few, and if
one of them is incapacitated or
absent, etc., the management of
governmental affairs is, to that
extent, may be hampered.
Necessarily, there will be a
consequent delay in the delivery
of basic services to the people of
Leyte if the Governor or the
Vice-Governor is
missing.[80](Emphasis ours.)
Conclusion
SO ORDERED.
ARTURO D. BRION
Associate Justice
WE CONCUR:
LUCAS P. BERSAMIN
Associate Justice
CERTIFICATION
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 dated July 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.
xxx
14 March 2011
HON. FELICIANO R. BELMONTE, JR.
Speaker
House of Representatives
Quezon City
Best wishes.
Very truly yours,
(Sgd.) BENIGNO SIMEON C. AQUINO III