November 24, 2024
Four major political parties in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) have jointly called on Congress to ensure fairness and legal adherence in the region’s elections, particularly in the event of a potential postponement.
In a position paper submitted to the House and Senate Committees deliberating proposed bills to defer the BARMM elections, the BARMM Grand Coalition (BGC), Serbisyong Inklusibo-Alyansang Progresibo (SIAP), Bangsamoro People’s Party (BPP), and Al Ittihad-Ungaya sa Kwagib Nu Bangsamoro (AL ITTIHAD) emphasized the need for strict rules governing candidates who currently hold positions in the Bangsamoro Transition Authority (BTA).
Deemed Resigned: BTA Members and Ministers Running for Office
The political parties argue that any BTA members or ministers who filed their Certificates of Candidacy (COCs) or were nominated for party-list elections should be automatically deemed resigned. They cite constitutional provisions and relevant laws, including the 1987 Constitution and the Omnibus Election Code, which prohibit civil servants from engaging in partisan political activities while in office.
They highlight Section 2(4), Article IX-B of the Constitution, which explicitly bars civil service officers from political campaigning, and relevant Supreme Court rulings, such as Quinto vs. COMELEC. These rulings reinforce that filing a COC constitutes partisan political activity and mandates that such officials vacate their posts immediately.
According to the parties, allowing BTA members to remain in office while running for elections violates these principles and undermines public trust. They insist that appointed officials, including those in the BARMM, must step down upon filing their candidacy to ensure a level playing field.
No Reappointments Before Elections
The position paper further asserts that BTA members and ministers who resign to run for office should not be eligible for reappointment before the elections. This provision, the parties argue, would prevent undue influence and safeguard the impartiality of the electoral process.
No New Filing of Candidacies
Another key proposal is to disallow any new filing of COCs in case the elections are postponed. The parties argue that the filings made during the November 4–9 period should remain valid, and requiring new filings would impose unnecessary burdens on candidates who have already complied with the legal requirements.
The parties also emphasize that changing election rules midstream could violate candidates’ rights, undermine the integrity of the electoral process, and lead to significant additional costs.
Commitment to Peaceful and Credible Elections
The position paper underscores that these proposals aim to ensure that the electoral process in BARMM adheres to the rule of law, upholding President Ferdinand Marcos Jr.’s commitment to peaceful and credible elections.
By addressing potential legal and procedural issues, the political parties hope to foster trust in the electoral process and contribute to the long-term stability of the BARMM.
