October 31, 2024 – Manila, Philippines — Registered voters from the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) have petitioned the Supreme Court (SC) to invalidate certain provisions in the Bangsamoro Electoral Code (BEC) and related Commission on Elections (Comelec) rules. The challenged provisions allow Bangsamoro Transition Authority (BTA) members appointed by President Marcos, along with Cabinet officials appointed within the BTA, to retain their official positions even after filing Certificates of Candidacy (COC) or Certificates of Nomination as party representatives for the upcoming 2025 BARMM elections.
The petition was submitted on October 30 by Mustapha Kabalu, Atty. Badrodin Mangindra, Saad Delna, Soekarno Mohammad, and Punduma Sani, all BARMM-registered voters and taxpayers, through their legal counsel, Atty. Romulo Macalintal. Their petition specifically targets two key provisions in the BEC:
- Section 8, Article IV, which states that political party nominees for party representative seats within BARMM, including incumbent BTA members and Cabinet appointees, are not considered resigned from their appointive positions upon filing their COC or Certificate of Nomination and Acceptance (CONAN).
- Sections in Comelec Resolution No. 11045, which enact and support these provisions in the BEC.
The petitioners contend that these provisions are unconstitutional, arguing they infringe upon Section 2(4), Article IX-B of the Philippine Constitution, which prohibits civil service officers and employees from participating in electioneering or partisan political activity. They further stressed that the mere act of filing a COC or CONAN qualifies as political activity, meaning appointed officials should automatically be considered resigned upon entering the political field.
“The Constitution does not distinguish between appointive public officials running in national or local elections versus BARMM elections,” the petitioners stated. They argued that creating different rules for BARMM officials contravenes the Constitution’s equal protection clause, noting that candidates outside BARMM must vacate their positions upon filing COC or CONAN, as established by the SC in the Quinto v. Comelec case in 2010.
Atty. Macalintal argued that allowing appointed BARMM officials to retain office while running for election gives them “undue protection and unwarranted advantage” over other candidates who are obligated to step down. The petitioners requested a temporary restraining order from the SC, asserting that, without it, BARMM officials could campaign for office while continuing to benefit from the privileges of their appointments—creating an imbalance in the electoral playing field.
The petition also referenced a recent SC action involving Atty. Macalintal, who earlier filed a similar challenge against a Comelec resolution. In that case, the SC issued a temporary restraining order against the Comelec’s rule permitting appointed officials filing CONAN as party-list nominees to retain their official positions.
The petitioners hope the SC will uphold fair competition and a balanced electoral environment, ensuring no preferential treatment is afforded to BARMM officials seeking elected office.
