Election watchdog to Comelec: Proceed with October 13 BARMM polls
An election watchdog on Friday called on the Commission on Elections (Comelec) to proceed with the 2025 Bangsamoro elections amid the looming postponement of the inaugural parliamentary polls.
In a press statement, the Legal Network for Truthful Elections (LENTE) opposed the possible deferment of the BARMM polls, saying the temporary restraining order (TRO) issued by the Supreme Court (SC) is limited to the conduct of district elections and “does not justify the postponement of elections for party and sectoral representatives".
“While the SC has issued a TRO enjoining Comelec and the Bangsamoro Transition Authority (BTA) from implementing Bangsamoro Autonomy Act No. (BAA) 77, the TRO applies only to the conduct of district elections under the legal framework provided by the Bangsamoro Election Code, the Omnibus Election Code (OEC), and other relevant election laws and issuances,” the LENTE said.
“Clearly, the assemblies for sectoral representatives and the elections for regional parliamentary political party representatives for October 13, 2025 can proceed, because there is no law preventing its conduct,” it added.
The Comelec on Thursday said it is considering postponing the BARMM polls by invoking Section 5 of the OEC on force majeure as the TRO left them without a legal basis for holding the polls. BAA No. 77 or the Bangsamoro Parliamentary Act of 2025 amended BAA No. 58 and redistricted the vacant seats in light of an SC decision excluding Sulu from the autonomous region.
LENTE, however, argued the TRO cannot be considered a force majeure event as the “issue of redistricting has always been a significant governance concern of the BTA and its relevant ministries. Thus, it was neither unforeseen nor unexpected”.
The poll watchdog also said the operational difficulties do not qualify as a “serious cause” under the OEC, prohibiting the Comelec from postponing the elections due to reported flooding over parts of the autonomous region.
“Delaying the conduct of all elections risks undermining not only the democratic process but also the broader peace process by depriving the Bangsamoro people of their right to representation and autonomy,” said LENTE.
Section 5 of the OEC states that “when for any serious cause such as violence, terrorism, loss or destruction of election paraphernalia or records, force majeure, and other analogous causes of such a nature that the holding of a free, orderly and honest election should become impossible in any political subdivision, the Commission, motu proprio or upon a verified petition by any interested party, and after due notice and hearing, whereby all interested parties are afforded equal opportunity to be heard, shall postpone the election therein to a date which should be reasonably close to the date of the election not held, suspended or which resulted in a failure to elect but not later than 30 days after the cessation of the cause for such postponement or suspension of the election or failure to elect”.
Meanwhile, the Comelec issued a minute resolution directing all election stakeholders to submit their respective comments on the issue of postponement within 48 hours. —LDF, GMA Integrated News