Law Summary

Overview

This Memorandum Order, issued by President Gloria Macapagal-Arroyo on December 12, 2008, expresses concurrence and ratification of the Commission on Elections (COMELEC) Resolution No. 8524, which involves the deputation of various law enforcement and government agencies to ensure the orderly conduct of a plebiscite scheduled for December 6, 2008. This plebiscite pertains to the creation of specific municipalities and barangays within the province of Maguindanao.

Concurrence with COMELEC Resolution

• Legal Principle: The Memorandum Order expresses the President's agreement with COMELEC Resolution No. 8524, which allows for the deputation of agencies to facilitate a fair plebiscite.
• Key Definitions:
  • Deputation: The authorization of agencies to perform specific duties related to the plebiscite.
• Important Requirements:
  • Agencies must coordinate with COMELEC in executing their responsibilities.
• Relevant Timeframes:
  • The plebiscite is scheduled for December 6, 2008.
• Consequences: Failure to comply with the cooperation directive may impede the orderly conduct of the plebiscite.

Agencies Involved

• Agencies Designated:
  • Department of Education (DepEd)
  • Department of Public Works and Highways (DPWH)
  • Department of the Interior and Local Government (DILG)
  • National Police Commission
  • Philippine National Police (PNP)
• Responsibilities: These agencies are tasked with ensuring that the plebiscite is free, orderly, honest, peaceful, and credible.

Plebiscite Details

• Creation of New Administrative Units:
  • Municipality of Datu Hoffer Ampatuan:
    • Formed from the municipalities of Shariff Aguak and Datu Unsay, under Muslim Mindanao Autonomy Act (MMAA) No. 220.
  • Barangay Toron and Barangay Mantao:
    • Created from Barangay Macalag in Datu Unsay, pursuant to MMAA No. 224.
  • Barangay Apas and Barangay Palao:
    • Established from Barangay Tuntungan in Datu Unsay, as per MMAA No. 235.
• Key Definitions:
  • Barangay: The smallest administrative division in the Philippines.
  • Municipality: A local government unit composed of several barangays.

Directives for Implementation

• Cooperation Requirement: The designated agencies must actively engage and coordinate with COMELEC to fulfill their duties.
• Immediate Effectiveness: This Memorandum Order is effective immediately upon promulgation.

Key Takeaways

• The Memorandum Order No. 294 formally ratifies the deputation of specific government and law enforcement agencies to ensure the conduct of a plebiscite on December 6, 2008.
• The plebiscite will determine the creation of a new municipality and several barangays in Maguindanao, under the authority of various Muslim Mindanao Autonomy Acts.
• Compliance with the directives is crucial for maintaining the integrity and order of the electoral process.