Election preparations by BARMM are halted following the SC's command
The Commission on Elections (Comelec) in the Philippines has suspended preparations for the parliamentary polls of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) due to a Temporary Restraining Order (TRO) issued by the Supreme Court.
The TRO was issued against the redistricting in the BARMM region, which was carried out under the Bangsamoro Autonomy Act (BAA) 77. This act aimed to reallocate the seven seats originally given to Sulu, which has been excluded from BARMM. However, due to the TRO, the implementation of BAA 77 has been suspended.
The Comelec stated that all districting provisions either in BAA 58 or 77 "were effectively repealed." This means that the Comelec currently lacks clear legal bases to organize or conduct elections for any of the parliamentary positions in BARMM, including district, sectoral, and Regional Political Party (RPP) seats.
In a resolution, the Comelec said there is no clear automatic revival of BAA 58, the law that created the original division of parliamentary seats in the Bangsamoro. The Comelec is planning to coordinate with the Office of the Solicitor General to seek clarification on the extent, scope, and effects of the Supreme Court's TRO.
The Comelec's resolution states that any redistricting measures will not be implemented due to the TRO. The Comelec's stance is that staging any parliamentary elections, district, sectoral, or RPP, under the current conditions might risk malapportionment, unequal suffrage, and constitutional challenge against the actions of the Commission.
It is important to note that the elections in BARMM concern a total of 73 seats. These seats include 40 seats for party representatives, 25 for district representatives, and eight for sectoral representatives. The issue also involves the sectoral and regional political party seats in BARMM.
The Supreme Court of the Philippines has affirmed the legal framework governing the conduct of parliamentary elections in BARMM. The Court confirmed that the BARMM Parliament will hold elections for district representatives, sectoral representatives, and political party representatives as outlined in the Bangsamoro Organic Law. This ensures the orderly and autonomous political process in the region.
However, the Comelec's resolution in August that any redistricting measures will not be implemented may be untenable. The Comelec is currently in a challenging position, balancing the need for fair and constitutional elections with the constraints imposed by the TRO.
As the situation develops, the Comelec and the Office of the Solicitor General will continue to seek clarification from the Supreme Court to ensure a smooth and constitutional election process in BARMM.
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