Senate asks SC to dismiss petitions questioning bills postponing ARMM polls
MANILA, Philippines — The Senate has asked the Supreme Court to dismiss a petition questioning the pending bills in both chambers of the Congress seeking to postpone the elections in the Autonomous Region in Muslim Mindanao (ARMM) this August.
In its comment to the petition filed by one Datu Michael Abas Kida, the Office of the Senate Legal Counsel argued that the petition was filed prematurely since House Bill 4146 has not been ratified into a law by Congress.
The Senate, represented by its legal counsel Maria Valentina Santana-Cruz, also pointed out that the bill’s corresponding measure, Senate Bill 2756, has not been enacted into a law since it must first pass the three readings in the upper chamber of the Congress.
“It is clear, therefore, that there are still several steps before HB 4146 can become a law and there is no certainty at all if it ever will become a law because the respondent Senate may or may not decide to pass it’s own version of the bill,” the Senate argued in its 16-page comment.
“Obviously, the Senate has full and complete discretion as to whether it will or will not decide to pass a bill on the postponement of the ARMM elections,” it added.
HB 4146 is seeking to postpone the ARMM elections until 2013 while SB 2756 is pushing for the synchronization of the regional elections and the terms of office of the ARMM elected officials with those of the national and local government officials.
Since the proposed bills have yet to be ratified, the Senate said “it cannot be the basis for the postponement of ARMM Elections to 2013.”
“At this point in time, therefore, the issue on the legality of HB 4146 is not a justiciable controversy because HB 4146 is not yet a law. Nor is the issue on HB 4146 ripe for judicial determination,” the Senate said.
The Senate also disputed Kida’s argument that the Commission on Elections committed grave abuse of discretion when it set the ARMM elections on August 8, arguing that Republic Act 9333 stipulated that the regional elections should be held every second Monday of August every three years.
