Comelec is using SC TRO as weapon to derail democracy in BARMM – group

Comelec Chair George Erwin Garcia (extreme left, standing) supervises the first day of the filing of Certificates of Candidacy for the BARMM Parliamentary Elections (BPE) at the Bangsamoro Electoral Office, Cotabato City and Camp Siongco, Maguindanao del Norte on Nov. 4, 2024. (File photo from Comelec)

MANILA, Philippines — A group has accused the Commission on Elections (Comelec) of using the temporary restraining order (TRO) issued by the Supreme Court (SC) as a weapon in allegedly derailing the democracy in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).

In a statement on Monday, Ranao Charitable Initiatives Chairman Maulana Mamutuk raised a concern that the Comelec’s suspension of preparations may be an excuse that threaten the electoral rights of the people in the region.

“By suspending preparations for the Bangsamoro elections on September 17, and only later manufacturing a legal alibi, Comelec has weaponized a Supreme Court TRO into an excuse to derail democracy,” Mamutuk said.

READ: Comelec suspends preparation for Bangsamoro parliamentary polls

Garcia earlier announced that the Comelec would be suspending its preparations for the elections, starting September 17, as a compliance with the TRO issued by the SC to the poll body and the Bangsamoro Transition Authority.

The TRO prevents the two agencies from implementing the provisions of the new Bangsamoro Autonomy Act (BAA) No. 77, the law that redistributes the seven seats originally allocated to Sulu province.

Mamutuk is also one of the petitioners who filed a motion before the SC to direct the Comelec to resume its preparations for the elections.

The Comelec has been preparing for the elections for 73 parliamentary seats under the BAA No. 58, or the creation of parliamentary districts in the region, even before the passage of BAA No. 77.

Despite the passage of BAA No. 77, the Comelec remained firm that it would not implement the law, citing lack of sufficient time in preparations.

Garcia earlier explained that following the new law will enable the poll body to deploy all election materials by October 20, a week after the scheduled elections.

When previously asked why the poll body stopped preparations despite its implementation of BAA No. 58, Garcia said that the poll body already enforced the law even before the BAA No. 77 was passed.

He said that the previous law is already a “dead law” which is not revived by the issuance of the TRO.

Mamutuk then said that the Comelec’s suspension of preparations “sets a precedent where any election in the Philippines can be postponed at all.”

Mamutuk added that “this weaponization of legal process shatters public trust and directly contradicts the commission’s constitutional mandate.”

READ: Comelec eyes postponement of Bangsamoro polls after SC issues TRO

Garcia also previously said that the Comelec is eyeing to postpone the elections as the poll body’s Project Management Office and law department recommended the postponement.

This is reportedly because there is no clear law guiding the distribution of parliamentary districts in the region.

He said that “it is not just legally impossible. It is factually impossible.”

However, Mamutuk argued that the law states that postponement is only possible when there is “force majeure, violence, terrorism or destruction of election materials.”

“None exist today. What exists is a scenario of impossibility engineered by Comelec itself— an administrative failure disguised as an act of God,” Mamutuk added.

‘Premature’ statement

Meanwhile, when asked to comment on the group’s statement, Garcia said parties must wait for the decision of the High Court to determine if the poll body’s suspension of preparations is wrong.

“More importantly, we have not yet declared a postponement of the election, so the statement would seem to be premature,” Garcia told the INQUIRER.net in a Viber message. /apl