MANILA, Philippines — Fifteen local executives and officials from provinces in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) have asked the Supreme Court to nullify specific provisions of the Bangsamoro Electoral Code (BEC) after questioning its legality.
In a statement issued on Sunday, the 15 local leaders claimed that the region’s new electoral code was issued by the Bangsamoro Transition Authority (BTA) and signed by BARMM Interim Chief Minister Ahod Balawag last March 8, “with grave abuse of discretion amounting to lack or excess of jurisdiction and for violation of the constitution and existing national laws.”
The 15 petitioners are Butig, Lanao del Sur Mayor Dimnatang Pansar; Abdul Rashid Balindong (Association of Barangay Chairpersons of Lanao del Sur); Shariefuddin Lucman (Philippine Councilors’ League – Lanao del Sur president); Aleem Alibasher Abdullatif; Jamil Paisal Adiong; Rafnanjani Pendatun Ali (League of Municipalities of the Philippines – Maguindanao del Sur chapter president); Pandag, Maguindanao del Sur Mayor Mohajeran Balayman; Najia Pescadera (Sulu provincial government assessor); Sharif Jul Asiri Abirin; Abdul Muhaimin Abuhara; Mohammad Salmann Sakili; Sarid Hataman (Association of Barangay Chairpersons of Basilan president); Harisul Samanul; Sukarno Asri (Tawi-Tawi Sangguniang Panlalawigan member) and Mohammad Yusof Tidal (Tawi-Tawi Sangguniang Panlalawigan member)
In their 64-page petition, the group appealed to the SC to issue a temporary restraining order to stop the implementation of BEC.
According to the petitioners, the BEC tampers with the sole authority of the Supreme Court “to promulgate rules and regulations concerning election cases filed with the lower courts.”
“It violated the constitutional guarantee on equal protection of the laws and upon the powers and jurisdiction exclusively vested by the Constitution upon the Commission on Elections (Comelec) over the administration of election laws,” the petition reads.
“Worse, by providing restrictive qualifications for political parties, the BEC curtailed what should be free and equal opportunity for political parties to seek and obtain parliamentary seats, thereby contradicting the mandate of the Constitution and the Bangsamoro Organic Law (BOL),” it said, referring to Articles VI and VII of the BEC.
“It would also facilitate the use of public funds for political campaigns or partisan political activities in violation of the Omnibus Election Code. It further intruded into the power of Congress to define and penalize election offenses and prescribe procedures for their prosecution,” the petition added.
The group also raised Article VIII of the BEC “as another encroachment upon the powers of the Comelec since matters pertaining to election offenses are within the powers of the Comelec. Even the BOL does not confer upon the Bangsamoro Parliament to impose or define such penalties, otherwise, it may happen that an act is lawful outside of the BARMM may be made criminally punishable in the BARMM; conversely, an unlawful act in Cebu or Manila may be considered innocent in the BARMM.”