A.C. No. 175-J, 176-J - Kalalang vs. Ferdez

The 1987 Constitution (Article X, Sections 15-22) created autonomous regions in Muslim Mindanao and the Cordilleras, mandating regional autonomy within the national framework.
Congress enacted Republic Act (RA) No. 6734 in 1989 as the first Organic Act for the ARMM; it scheduled the first regular regional elections within 60 to 90 days after ratification.
Subsequent laws amended and reset ARMM elections schedules:

RA No. 9054 (expanded the Organic Act) reset elections to the second Monday of September 2001.
RA No. 9140 moved the first regular elections to November 26, 2001.
RA No. 9333 set regular elections every three years on the second Monday of August, starting August 2005, without a plebiscite ratification.

The next ARMM elections were scheduled for August 8, 2011, as per RA No. 9333, and COMELEC prepared accordingly.

RA No. 10153, enacted on June 30, 2011, postponed the ARMM elections to May 13, 2013, to synchronize with national and local elections; it authorized the President to appoint officers-in-charge (OICs) to temporarily assume ARMM officials’ functions until elected successors assume office in 2013.
The President certified the bill’s urgent necessity, which allowed bypassing the three-reading rule under the Constitution.
Multiple petitions were filed challenging the constitutionality of RA No. 10153, RA No. 9333 (for lack of plebiscite), RA No. 9140, and the bills preceding RA No. 10153 (HB 4146 and SB 2756).
Challenges centered on alleged violations of election synchronization mandate, plebiscite and supermajority requirements, right of suffrage, the elective nature of ARMM officials, and the presidential appointment power over the ARMM.
The Court consolidated these petitions, issued a Temporary Restraining Order (TRO) on RA No. 10153’s implementation, and allowed incumbent officials to continue performing functions pending decision.

Synchronization of elections is a constitutional objective supported by Article XVIII Transitory Provisions and initial election arrangements following the 1987 Constitution.
The ARMM elections are considered “local elections,” thus subject to synchronization with national and other local elections, as autonomous regions are local government units under Article X.
Congress, wielding broad legislative power, enacted RA No. 10153 to harmonize ARMM’s electoral schedule with the rest of the country while addressing interim governance through presidential appointments.
Interim measures were necessary to prevent governance vacuum during the 21-month gap between the expiration of incumbent officials’ terms and synchronized elections.

Constitutionality and Procedural Validity of RA No. 10153 and Preceding Laws

Does the 1987 Constitution mandate synchronization of ARMM elections with national and local elections?
Does RA No. 10153 comply with the constitutional three-reading rule and the President’s certification of necessity?
Do RA No. 9333 and RA No. 10153 constitute amendments to RA No. 9054 requiring a supermajority vote and plebiscite ratification?
Is the supermajority vote requirement in RA No. 9054 constitutional?
Is the plebiscite requirement in RA No. 9054 constitutionally mandated for every amendment or only for creation/expansion of the ARMM?

Does postponing ARMM elections violate the “elective and representative” character of the Autonomous Region’s government under Article X?
Does granting the President power to appoint officers-in-charge violate autonomy and the constitutional mandate for elective regional officials?
Is the holdover of incumbent ARMM officials pending elections constitutional?
Can the COMELEC be compelled to hold special elections instead of postponing elections?
Does the appointment of officers-in-charge violate the constitutional allocation of appointment powers under Article VII?
Does synchronization justify the temporary appointment of OICs, and is this consistent with national sovereignty and territorial integrity provisions?