Speech/presentation of Sen. Franklin Drilon on postponement
of ARMM polls

OSMENA ET AL VS. COMELEC ET AL (G.R. NO. 100318 JULY 30, 1991)

Slide #1

IN THE CASE OF OSMENA VS. COMELEC, THE ISSUE WAS THE CONSTITUTIONALITY OF RA 7056 WHICH PROVIDES FOR TWO (2) SEPARATE ELECTIONS IN 1992, AS FOLLOWS:

(A) AN ELECTION FOR PRESIDENT AND VICE-PRESIDENT OF THE PHILIPPINES, TWENTY FOUR (24) SENATORS AND ALL ELECTIVE MEMBERS OF THE HOUSE OF REPRESENTATIVES ON THE SECOND MONDAY OF MAY, 1992, AND

(B) AN ELECTION OF ALL PROVINCIAL, CITY AND MUNICIPAL ELECTIVE OFFICIALS ON THE SECOND MONDAY OF NOVEMBER, 1992.

Slide #2

"AT THE CORE OF THIS CONTROVERSY IS ARTICLE XVIII, SECTIONS 2 AND 5 (TRANSITORY PROVISIONS) OF THE 1987 CONSTITUTION, WHICH READS -

SEC. 2. THE SENATORS, MEMBERS OF THE HOUSE OF REPRESENTATIVES AND THE LOCAL OFFICIALS FIRST ELECTED UNDER THIS CONSTITUTION SHALL SERVE UNTIL NOON OF JUNE 30, 1992.

OF THE SENATORS ELECTED IN THE ELECTION IN 1992, THE FIRST TWELVE OBTAINING THE HIGHEST NUMBER OF VOTES SHALL SERVE FOR SIX YEAR AND THE REMAINING TWELVE FOR THREE YEARS

XXX XXX XXXX

SEC. 5 . THE SIX-YEAR TERM OF THE INCUMBENT PRESIDENT AND VICE PRESIDENT ELECTED IN THE FEBRUARY 7, 1986 ELECTION IS, FOR PURPOSES OF SYNCHRONIZATION OF ELECTIONS, HEREBY EXTENDED TO NOON OF JUNE 30, 1992.

THE FIRST REGULAR ELECTIONS FOR PRESIDENT AND VICE-PRESIDENT UNDER THIS CONSTITUTION SHALL BE HELD ON THE SECOND MONDAY OF MAY, 1992. (EMPHASIS SUPPLIED)

IT IS CLEAR FROM THE AFOREQUOTED PROVISIONS OF THE 1987 CONSTITUTION THAT THE TERMS OF OFFICE OF SENATORS, MEMBERS OF THE HOUSE OF REPRESENTATIVES, THE LOCAL OFFICIALS, THE PRESIDENT AND VICE-PRESIDENT HAVE BEEN SYNCHRONIZED TO END ON THE SAME HOUR, DATE AND YEAR - NOON OF JUNE 30, 1992.

IT IS LIKEWISE EVIDENT FROM THE WORDING OF THE ABOVE-MENTIONED SECTIONS THAT THE TERM OF SYNCHRONIZATION IS USED SYNONYMOUSLY AS THE PHRASE HOLDING SIMULTANEOUSLY SINCE THIS IS THE PRECISE INTENT IN TERMINATING THEIR OFFICE TENURE ON THE SAME DAY OR OCCASION. THIS COMMON TERMINATION DATE WILL SYNCHRONIZE FUTURE ELECTIONS TO ONCE EVERY THREE YEARS (BERNAS THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES, VOL. II, P. 605)."

THAT THE ELECTION FOR SENATORS, MEMBERS OF THE HOUSE OF REPRESENTATIVES AND THE LOCAL OFFICIALS (UNDER SEC. 2, ART. XVIII) WILL HAVE TO BE SYNCHRONIZED WITH THE ELECTION FOR PRESIDENT AND VICE PRESIDENT (UNDER SEC. 5, ART. XVIII) IS LIKEWISE EVIDENT FROM THE RECORDS OF THE PROCEEDINGS IN THE CONSTITUTIONAL COMMISSION.

WITH THE CLEAR MANDATE OF THE 1987 CONSTITUTION TO HOLD SYNCHRONIZED (SIMULTANEOUS) NATIONAL AND LOCAL ELECTIONS IN THE SECOND MONDAY OF MAY, 1992, THE INEVITABLE CONCLUSION WOULD BE THAT REPUBLIC ACT 7056 IS CLEARLY VIOLATIVE OF THE CONSTITUTION BECAUSE IT PROVIDES FOR THE HOLDING OF A DESYNCHRONIZED ELECTION.

Slide #3

ARTICLE X, SECTION 8 OF THE CONSTITUTION PROVIDES THAT LOCAL ELECTIVE OFFICIALS SHALL HAVE A THREE-YEAR TERM OF OFFICE. FOLLOWING THE 3-YEAR TERM OF LOCAL ELECTIVE OFFICIALS, THE LAST TERM OF OFFICE OF ARMM ELECTIVE OFFICIALS SHOULD HAVE ENDED AT NOON OF JUNE 30, 2010.

Slide #4

NOT ONLY MUST THE ARMM ELECTION --- UNDISPUTABLY A LOCAL ELECTION --- BE SYNCHRONIZED WITH THE NATIONAL ELECTION, THE TERMS OF OFFICE MUST ALSO BE SYNCHRONIZED.

NOTE THE UNEQUIVOCAL LANGUAGE OF A UNANIMOUS SUPREME COURT IN RULING THAT UNDER THE CONSTITUTION ---

"THE TERMS OF OFFICE OF SENATORS, MEMBERS OF THE HOUSE OF REPRESENTATIVES, THE LOCAL OFFICIALS, THE PRESIDENT AND THE VICE PRESIDENT HAVE BEEN SYNCHRONIZED TO END ON THE SAME HOUR, DATE AND YEAR --- NOON OF JUNE 30, 1992. XXX

THE TERM SYNCHRONIZED IS USED SYNONYMOUSLY AS THE PHRASE HOLDING SIMULTANEOUSLY SINCE THIS IS THE PRECISE INTENT IN TERMINATING THEIR OFFICE TENURE ON THE SAME DAY OR OCCASION. THIS COMMON TERMINATION DATE WILL SYNCHRONIZE FUTURE ELECTIONS TO ONCE EVERY THREE YEARS (BERNAS THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES, VOL. II, P. 605)."

Slide #5

• THE CONSTITUTION MUST BE DEEMED WRITTEN INTO EVERY STATUTE THAT WE ENACT. IT IS SUPREME OVER ALL OTHER LAWS.

• RA 9054, THE PRESENT ORGANIC ACT, AND RA 9333 PROVIDES THAT TERMS OF OFFICE FOR THE ARMM OFFICIALS COMMENCES AT NOON OF SEPTEMBER 30 NEXT FOLLOWING THE DAY OF THE ELECTION.

• RA 9054 AND RA 9333 THUS PROVIDE FOR A DESYNCHRONIZED COMMENCEMENT AND END OF TERM OF OFFICE, CONTRARY TO THE CONSTITUTION, AND RULING OF THE SUPREME COURT IN OSMENA VS. COMELEC.

Slide #6

CAN GOVERNOR ZALDY AMPATUAN CONTINUE TO HOLD OFFICE IN A HOLD OVER CAPACITY?

NO. IN OSMENA VS. COMELEC, THE SUPREME COURT RULED AS VOID AND UNCONSTITUTIONAL A PROVISION THAT WOULD ALLOW ELECTED AND "INCUMBENT LOCAL OFFICIALS XXX TO HOLD OVER AND SERVE UNTIL THEIR SUCCESSORS SHALL HAVE BEEN DULY ELECTED AND QUALIFIED."

THE COURT EXPLAINED: "IT IS NOT COMPETENT FOR THE LEGISLATURE TO EXTEND THE TERM OF OFFICERS BY PROVIDING THAT THEY SHALL HOLD OVER UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFIED WHERE THE CONSTITUTION HAS IN EFFECT OR BY CLEAR IMPLICATION PRESCRIBED THE TERM AND WHEN THE CONSTITUTION FIXES THAT DAY ON WHICH THE OFFICIAL TERM SHALL BEGIN, THERE IS NO LEGISLATIVE AUTHORITY TO CONTINUE THE OFFICE BEYOND THAT PERIOD, EVEN THOUGH THE SUCCESSORS FAIL TO QUALIFY WITH THE TIME. (SEE 67 CJS P. 379, EMPHASIS SUPPLIED)"

Slide #7

• ZALDY AMPATUAN CANNOT CONTINUE TO ACT IN A HOLD OVER CAPACITY AS ARMM GOVERNOR. THE PRESIDENT CAN APPOINT AN OFFICER-IN-CHARGE. THE VACANCY IS CREATED, NOT BY THE PASSAGE OF HB 4146, BUT BY THE DESYNCHRONIZED ELECTION AND TERM OF OFFICE OF THE PRESENT OCCUPANT, WHICH ARE CONTRARY TO THE CONSTITUTION AND OSMENA VS. COMELEC.

• HB NO. 4146 AND SENATE NO. 2756 WHICH GRANTS THE PRESIDENT THE POWER TO APPOINT AN OFFICER-IN-CHARGE, IS A VALID EXERCISE OF THE RESIDUAL POWER OF THE PRESIDENT AND IN EXERCISE OF HIS GENERAL SUPERVISION OVER THE ARMM TO PREVENT A VACUUM IN THE GOVERNANCE IN THE ARMM.