Chiz Escudero raises 'unconstitutional' provisions in BARMM election code, IRR to Marcos

Senate President Francis "Chiz" Escudero on Wednesday disclosed that he sought a meeting with President Ferdinand "Bongbong" Marcos Jr. on Tuesday night to inform him about the "unconstitutional" provisions in the Bangsamoro Electoral Code and its implementing rules and regulations (IRR).

In a press conference, Escudero said they have "seen and discovered" these provisions amid the proposals to postpone the first-ever parliamentary elections of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) in May 2025.

According to Escudero, the BARMM Electoral Code and IRR provide that all appointed officials who filed their Certificate of Candidacy (COC) are not considered resigned.

It was also stated there that the one-year appointment ban will not be applicable to the candidates who failed to win in the elections, the Senate President said.

"Itong dalawang probisyong ito ay paglabag sa Saligang Batas. An express provision in the Constitution na nagsasabi na hindi pwedeng makilahok sa partisan political activity ang sinumang opisyal sa civil service, permanent man o appointed in a coterminous capacity," Escudero, a lawyer, said.

(These two provisions violate the Constitution. An express provision in the Constitution states that an official in the civil service, permanent or appointed in a coterminous capacity, is no longer allowed to take part in partisan political activity.)

With this, Escudero argued that 35 of the 40 appointed members of the Bangsamoro Transition Authority (BTA) who filed their respective COCs are already deemed resigned.

"Sa 40 miyembro ng BTA, 35 ang nag-file ng Certificate of Candidacy at lima lamang ang hindi nag file. Ibig sabihin, 35 sa 40 ay ipso facto deemed resigned na sa paghain lamang nila ng Certificate of Candidacy.

(Of the 40 BTA members, 35 have filed their Certificate of Candidcay and five did not. This means 35 of the 40 are ipso facto deemed resigned for filing their COC.)

Escudero cited a Supreme Court decision which ruled that the filing of COC is a "partisan political activity."

"Kaya ako nakipag pulong kay Pangulong Marcos, upang sabihing mas importante ito bago natin pag-usapan ang anumang pagpapaliban ng halalan," the Senate President said.

"Dahil kailan man ang eleksyon, Mayo man, Hunyo, Hulyo o Agosto, hindi maaaring manatiling ganyan ang sitwasyon na iyung mga kandidato ay nakaupo at nakapwesto dahil iyung pangako nating pantay at malinis na halalan," he explained.

(That is why I asked to meet President Marcos, to inform him this is important before we discuss any possible delays in the elections.

In every election, whether it is held in May, June, Julr or August, the situation must not be allowed to continue where candidates are seated in office goes against the promise of a fair and clean elections.) 

According to Escudero, Marcos told him that he will consider his concerns as this was the first time that the president heard of this issue.

"Kasama namin sa pulong si Executive Secretary at kanilang pagpapasiyahan daw sa lalong madaling panahon at titingnan at susuriin itong pinoint out namin," he said.

(The Executive Secretary was with us and they will decide in the soonest possible time and will look closely at the points we made.)

In March 2023, the members of the BTA unanimously approved the Bangsamoro Electoral Code in preparation for the 2025 BARMM polls.

Earlier this month, Escudero filed a bill seeking to postpone the 2025 BARMM polls to May 11, 2026.

This, he said, was upon the request of Malacañang.

The filing of its counterpart measure in the House of Representatives was led by Speaker Martin Romualdez.

During the Senate's hearing on the bill seeking to postpone the BARMM polls, Presidential Adviser on Peace, Reconciliation, and Unity Secretary Carlito Galvez stressed the need to defer the BARMM polls following the Supreme Court ruling on the exclusion of Sulu province from the autonomous region.

Maguindanao del Sur Governor Bai Mariam Mangudadatu, however, opposed the proposal and stressed that deferring the 2025 BARMM polls is "denying the Bangsamoro people the right to choose their own leaders."

The Commission on Elections (Comelec) has appealed to Congress to decide on whether to postpone or not the first-ever BARMM polls by December. —RF, GMA Integrated News