POLITICAL SUBDIVISION:

G.R. No. 196271 February 28, 2012

DATU MICHAEL ABAS KIDA, Petitioners,

vs.
SENATE OF THE PHILIPPINES, Respondents.

FACTS:

The Court resolve the motion for reconsideration filed by petitioners Datu Michael Abas Kida, et al.
which assailed the Court decision dated October 18, 2011, where it upheld the constitutionality of
Republic Act (RA) No. 10153.

Pursuant to the constitutional mandate of synchronization, RA No. 10153 postponed the regional
elections in the Autonomous Region in Muslim Mindanao (ARMM) (which were scheduled to be held on
the second Monday of August 2011) to the second Monday of May 2013 and recognized the Presidents
power to appoint officers-in-charge (OICs) to temporarily assume these positions upon the expiration of
the terms of the elected officials.

ISSUE:

Whether the Constitution mandate the synchronization of ARMM regional elections with national and
local elections.

HELD:

Yes, the Court was unanimous in holding that the Constitution mandates the synchronization of national
and local elections. While the Constitution does not expressly instruct Congress to synchronize the
national and local elections, the intention can be inferred from the provisions of the Transitory Provisions
(Article XVIII) of the Constitution

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.

Though the ARMM elections are not expressly mentioned in the Transitory Provisions of the Constitution
on synchronization cannot be interpreted to mean that the ARMM elections are not covered by the
constitutional mandate of synchronization since ARMM had not yet been officially organized at the time
the Constitution was enacted and ratified by the people.

The constitution is not intended to provide merely for the exigencies of a few years but is to endure
through time, the constitution should be construed in the light of what actually is a continuing instrument
to govern not only the present but also the unfolding events of the indefinite future.

Article X of the Constitution, entitled "Local Government," clearly shows the intention of the
Constitution to classify autonomous regions, such as the ARMM, as local governments. Section 1 of this
Article, 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 inclusion of autonomous regions in the enumeration of political subdivisions of the State under the
heading "Local Government" indicates quite clearly the constitutional intent to consider autonomous
regions as one of the forms of local governments.

That the Constitution mentions only the "national government" and the "local governments," and does
not make a distinction between the "local government" and the "regional government," it does the
intention of the framers of the Constitution to consider the autonomous regions not as separate forms
of government, but as political units which, while having more powers and attributes than other local
government units, still remain under the category of local governments. Since autonomous regions are
classified as local governments, it follows that elections held in autonomous regions are also considered
as local elections.

The petitioners further argue that even assuming that the Constitution mandates the synchronization of
elections, the ARMM elections are not covered by this mandate since they are regional elections and not
local elections.

In construing the provisions of the Constitution, the first rule to be applied is verba legis, "that is,
wherever possible, the words used in the Constitution must be given their ordinary meaning except
where technical terms are employed."

Applying this principle to determine the scope of "local elections," the Court refer to the meaning of the
word "local, should be defined in its ordinary sense. As defined, "local" refers to something "that
primarily serves the needs of a particular limited district, often a community or minor political
subdivision." Obviously, the ARMM elections, which are held within the confines of the autonomous
region of Muslim Mindanao, fall within this definition.

The fact that the ARMM possesses more powers than other provinces, cities, or municipalities is not
enough reason to treat the ARMM regional elections differently from the other local elections. Ubi lex
non distinguit nec nos distinguire debemus. When the law does not distinguish, we must not distinguish.