Watchdog says postponing Bangsamoro polls ‘erodes democratic legitimacy’
MindaNews / 21 November – An election watchdog on Friday called on the Bangsamoro Transition Authority to fast-track the passage of a redistricting law for the autonomous region, saying the constant postponement of elections “erodes democratic legitimacy and risks establishing a dangerous precedent where judicial or administrative uncertainties become grounds to defer elections already set by law.”
The Legal Network for Truthful Elections (LENTE) issued the statement in light of the Supreme Court’s ruling declaring Bangsamoro Autonomy Act Nos. 58 and 77 unconstitutional.
The SC ruled that BAA 77 violated the Bangsamoro Organic Law’s requirements of contiguity, compactness, adjacency, and minimum population for districts, and for unconstitutionally granting Congress and the President powers over apportionment and interim appointments reserved exclusively to the Bangsamoro Parliament.
It said BAA 77 was enacted after the start of the election period, contrary to the Voter’s Registration Act.
The Court added that implementing BAA 58 after Sulu’s exclusion was likewise unconstitutional because it would result in a Parliament with fewer than the 32 district seats required under the BOL’s 80-seat composition.
However, in his concurring and dissenting opinion Lanang T. Ali, Jr. et al. v. Bangsamoro Transition Authority Parliament, et al, Acting Chief Justice Leonen said the Parliament may validly function with fewer than 80 seats, and warned that judicial interference with election dates risks undermining suffrage and autonomy.
Lente said the new redistricting law should take heed of the Court’s decision that, as far as practicable, parliamentary districts should be contiguous, compact, adjacent, and composed of at least 100,000 population, in accordance with Article VII, Section 10 of the Bangsamoro Organic Law.
The group cited that the new redistricting law cannot delegate or grant authority to either the Congress or the President to apportion districts or appoint representatives, as these powers belong exclusively to the Bangsamoro Parliament under the BOL.
The redistricting law must be enacted with sufficient lead time in order for the Commission on Elections (Comelec) to prepare for the March 2026 parliamentary elections, the date set by the Court, it said.
“The BTA must also consider the timing of any other legal amendments beyond redistricting as such changes may lead to operational setbacks that would prevent Comelec from meeting its legal and constitutional deadlines,” it added.
Comelec said the BTA must enact a new redistricting law on or before November 30 to allow the Commission ample time for preparations, including resetting the filing of Certificates of Candidacy by January 2026, and the printing and verification of ballots which will bear accessibility features including party logos, candidate photographs, and the “None of the Above” (NOTA) option.
“The Bangsamoro people are entitled to timely, genuine, and periodic elections. The resulting delay or deviation from this obligation threatens the citizens’ constitutional rights, the integrity of the Bangsamoro democratic transition, and the peace process. With only two session days left (Parliament Resolution No. 560) before Comelec’s November 30 deadline, the failure of the BTA to enact a new Redistricting Law would directly endanger the March 2026 elections and undermine public trust in the process,” Lente warned.
“Further delays in the passage of a valid redistricting law prolong the absence of elected representation in the Bangsamoro Parliament. This will undermine both regional autonomy and the constitutional guarantee of suffrage for the Bangsamoro People, ultimately leading to the delayed provision of effective and responsive government services to the Bangsamoro People,” it added. (MindaNews)
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