BARMM Electoral Code IRR

BARMM Electoral Code IRR | Daily Tribune

I thought my desk-bound days poring over law tomes, lengthy jurisprudence, ponencia and legal treatises and internalizing them were over. Age has shortened our attention span, patience and cognitive powers. Every now and then, however, we are summoned by the call of public duty to break away from our comfort zone and address significant developments. The coming maiden election in the BARMM is a watershed exercise that stakeholders have a moral duty to participate in the public discussions for whatever reason, not the least is education.

Having said that, the much-awaited Implementing Rules and Regulations (IRR) for the Bangsamoro Electoral Code (BEC) from the Commission on Elections was finally promulgated. It defines the protocols to be observed before, during and after the election. It will guide us on how to conduct the election for a special genre of governance — a parliamentary form of government — which is not in the experience of Filipinos. This early the IRR should undergo scrutiny with a fine-tooth comb to ensure that it will serve its purpose of delivering a peaceful and credible election.

The IRR, for the most part, is expressive of the letter and spirit of the BEC. There are, however, a few provisions which are the subject of public hermeneutics and, in fact, the subject of a petition before the Supreme Court.

Earlier, a petition for certiorari and prohibition was filed by a group of Muslim professionals, local government officials, traders and members of civil society groups, headed by lawyer Dimnatang Pansar, president of the Municipal Mayors League of Lanao del Sur and currently chair of the SIAP, one of the well-organized and strong regional political parties participating in the parliamentary election.

The questions raised were constitutional and meaty. They involved mainly the delegation of power by national government to the Muslim regional government, the very essence of autonomy. Some of the questions involve the powers of the Bangsamoro Electoral Office which administers elections in the area of autonomy vis-a-vis the Commission on Elections and other offices, including the Supreme Court.

Questions were also raised on the creation of an electoral tribunal, the registration of political parties, the budget or the rules on campaign funds and partisan activities, and the power of the regional electoral office to list and delist voters, a power allegedly reserved to the courts.

A petition-in-intervention was filed by former solon Datu Michael Mastura questioning the 10,000-membership threshold before a party could be registered and accredited and the 4-percent of the total votes cast which a party must garner before being entitled to one representative. Congressman Mike described them as “restrictive” and against the spirit of the Comprehensive Agreement of the Bangsamoro signed by the national government with the Moro Islamic Liberation Front.

Curiously also there was an attempt to pre-empt the petition before the Supreme Court. One of the provisions being questioned by petitioners is the anti-dynasty rule which, according to petitioners, is an issue which only Congress can enact into law.

The anti-dynasty rule was subtly included in two provisions of the draft IRR — Sections 2 and 3.

Section 2 provides that the Manifestation of Intent to Participate must be accompanied by a statement “on their lack of relationship with any other nominee in the list,” and that nominees “submitted by an RPPP shall not be related to each other within the second degree of consanguinity and affinity.”

We can only interpret this as the seriousness of the rule framers to root out dynasties in the region even if the practice is deeply rooted in Muslim political culture. Good thing this was stricken off in the final draft, avoiding another controversy.

One thing that strikes a reader are the detailed and cumbersome requirements for the registration of political parties. Even previously registered political parties are not spared. The documentary requirements are so numerous and cumbersome that political parties with less wherewithal will be hard pressed to comply. With the 7 June deadline imposed by the IRR, there will not be enough time for parties to fulfill the requirements.

Meantime, we doff our hat to the Comelec for putting the first parliamentary election at the top of its agenda and for the due attention accorded to it.

amb_mac_lanto@yahoo.com