BARMM voters ask SC to nullify key Bangsamoro Electoral Code provisions

INQUIRER FILE PHOTO

MANILA, Philippines — A group of registered voters in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) asked the Supreme Court  (SC) to nullify two key provisions in the Bangsamoro Electoral Code (BEC).

The two provisions allow appointed members of the Bangsamoro Transition Authority (BTA) and Cabinet of the BTA to remain in office after filing their Certificate of Candidacy (COC) or Certificate of Nomination as party representatives in the 2025 BARMM elections.

Petitioners also asked the SC to nullify the corresponding rules of the Commission on Elections (Comelec) related to the questioned provision of the BEC.

The provisions in question are the first sentence of Section 8, Article IV and Section 3, Article X of the BEC, and Sections 21 and 44 of Comelec Resolution 11045.

The questioned BEC provision provides that nominees of political parties for party representative seats, the incumbent appointed members of the BTA, and those appointed or designated by the BTA Interim Chief Minister in its Cabinet and ministries are not deemed resigned from their appointive positions even after the filing of their COCs or Certificate of Nomination and Acceptance of Nomination (CONAN).

“After due proceedings, the (questioned provision under the BEC and first paragraph of Section 21, Rule III and Second Paragraph of Section 44(a), Rule V of Comelec Resolution 111045 be declared unconstitutional and therefore, null and void,” read the petition.

While the petition is pending, petitioners asked the SC to issue a temporary restraining order against its implementation.

The petitioners are Mustapha Kabalu, Atty. Badrodin Mangindra, Saad Delna, Soekarno Mohammad, and Punduma Sani are registered voters and taxpayers in the BARMM area. They are represented by Atty. Romulo Macalintal.

Petitioner said the BEC provision violates Section 2 (4), Article IX-B of the Constitution, which prohibits civil service officers and employees from engaging in electioneering and partisan political campaigns and prevailing national laws.”

“The mere filing of the CoC and the Certificate of Acceptance of Nomination are also signs of partisan political activity.  The constitution and national laws clearly provide that public appointive officials shall be deemed ipso facto resigned upon entering the political arena,” they said.

They added that the BEC provision provides an undue advantage because candidates outside BARMM are deemed resigned upon filing their COCs.

“As pronounced in the Quinto case, the electoral playing field should not be allowed to be tilted in favor of public appointive officials who, like the BARMM appointed officials, would remain in office while seeking elective posts,” they added.