(Third of a series)
For the Bangsamoro electorate, the stakes are profound. Each delay pushes further away the long-awaited opportunity to elect their own parliament, the very cornerstone of their autonomy. Frustration risks deepening into disillusionment, weakening trust not only in the national government but also in BARMM’s own institutions.
The deadlock raises deeper questions about the balance between legal technicalities and democratic rights. Should a dispute over districting be allowed to prevent an entire region from voting? The Constitution affirms that sovereignty resides in the people. Courts may resolve disputes over the applicable law, but in the meantime the people’s right to vote should not be suspended.
Five possible scenarios now loom:
- The Supreme Court strikes down BAA 77. Since BAA 58 cannot revive automatically, RA 12123’s October 13 date becomes binding, and COMELEC would be duty-bound to hold elections. This restores the people’s right to vote but leaves little time for preparations.
The Supreme Court upholds BAA 77. This validates the postponement, but since BAA 77 does not set a new date, it collides with RA 12123’s mandate and would almost certainly require Congress to legislate another postponement.
The Supreme Court lifts or relaxes the TRO even before resolving the main case, allowing COMELEC to proceed under BAA 58 while the petition on BAA 77 remains pending. This would unblock preparations and preserve the October 13 polls.
COMELEC proceeds on October 13 by invoking its delegated authority under the Omnibus Election Code to adjust elections in extraordinary circumstances. This would uphold the law but risks being seen as defying the TRO.
COMELEC waits entirely for the Court’s final decision, even if this means missing October 13. This cautious stance avoids overstepping but could trigger a constitutional crisis and deepen public frustration.
Congress may still intervene with another law, or Malacañang may act to avoid a leadership vacuum. While legally permissible, repeated interventions carry heavy political costs: they risk eroding the credibility of the democratic process and feeding suspicions that autonomy is being managed from the top. This option may provide short-term order but long-term mistrust.
Beyond Legal Maneuvers and the Way Forward
The current impasse is not merely about statutes, TROs, or district maps. It is about the Bangsamoro people’s long-promised right to elect their own leaders. Each delay risks turning hope into cynicism — a dangerous cost for a region that has waited too long for its rightful voice. The law should safeguard democracy, not stall it.
The path forward demands urgency, clarity, and political will. Congress should promptly legislate a new, feasible election date. Comelec must resume preparations, even if imperfect, on the basis of BAA 58 pending final adjudication. And the Supreme Court must expedite its ruling on the redistricting dispute. What hangs in the balance is not just electoral logistics but the legitimacy of democratic governance in Mindanao’s autonomous region. The Bangsamoro people deserve nothing less.
Anything less would betray the people’s mandate: every postponement chips away at the promise of autonomy and erodes faith in institutions — a dangerous burden for a region that has waited too long for its own voice.
The path forward demands urgency, clarity, and political will. Congress should promptly legislate a new, feasible election date. Comelec must resume preparations, even if imperfect, on the basis of BAA 58 pending final adjudication. And the Supreme Court must expedite its ruling on the redistricting dispute. What hangs in the balance is not just electoral logistics but the legitimacy of democratic governance in Mindanao’s autonomous region. The Bangsamoro people deserve nothing less.
Anything less would betray the people’s mandate: every postponement chips away at the promise of autonomy and erodes faith in institutions — a dangerous burden for a region that has waited too long for its own voice.
#WeTakeAStand #OpinYon #OpinYonColumn #EchoesoftheSouth