Fifteen local executives and officials from provinces in the BARMM have asked the Supreme Court to nullify specific provisions of the BEC after questioning its legality. | FArgosinoINQ
According to the petitioners, the BEC tampers with the sole authority of the Supreme Court “to promulgate rules and regulations concerning election cases filed with the lower courts.”
“It violated the constitutional guarantee on equal protection of the laws and upon the powers and jurisdiction exclusively vested by the Constitution upon the Commission on Elections over the administration of election laws,” the petition reads. “Worse, by providing restrictive qualifications for political parties, the BEC curtailed what should be free and equal opportunity for political parties to seek and obtain parliamentary seats, thereby contradicting the mandate of the Constitution and the Bangsamoro Organic Law ,” it said, referring to Articles VI and VII of the BEC.
“It would also facilitate the use of public funds for political campaigns or partisan political activities in violation of the Omnibus Election Code. It further intruded into the power of Congress to define and penalize election offenses and prescribe procedures for their prosecution,” the petition added.
The group also raised Article VIII of the BEC “as another encroachment upon the powers of the Comelec since matters pertaining to election offenses are within the powers of the Comelec. Even the BOL does not confer upon the Bangsamoro Parliament to impose or define such penalties, otherwise, it may happen that an act is lawful outside of the BARMM may be made criminally punishable in the BARMM; conversely, an unlawful act in Cebu or Manila may be considered innocent in the BARMM.
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