SC bars Northern Samar mayor from office, says condonation doctrine applies only when invoked

SC asked to void Bangsamoro Law for being unconstitutional

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The Supreme Court has been asked to declare Republic Act No. 11054 or the Bangsamoro Organic Law (BOL) as unconstitutional.

In a 37-page petition, the Philippine Constitutional Association (Philconsa) argued that Congress committed grave abuse of discretion amounting to lack or excess of jurisdiction when it approved the BOL.

Named respondents in the petition were Executive Secretary Salvador Medialdea, the members of the Senate and the House of Representatives, headed by Senator Vicente Sotto and House Speaker Gloria Macapagal Arroyo, respectively.

At the same time, Philconsa asked the SC to issue a restraining order stopping the respondents from implementing BOL, which among other features, will change the name of Autonomous Region in Muslim Mindanao (ARMM) to Bangsamoro Autonomous Regions (BARMM).

“Upon filing of this Petition, a temporary restraining order be issued restraining/enjoining the respondents, their agents and instrumentalites and/or ordering them to cease and desist from implementing RA 11054 and for receiving and disbursing any funds arising from, connected with or related to the unconstitutional and unlawful law,” the petition read.

Also, the group likewise asked the SC to issue a writ of preliminary injunction “(E)njoining the implementation of the unconstitutional and void RA 11054 and EO (Executive Order) No. 120, as amended creating public offices only Congress as the mandate to create.”

Philconsa pointed out that BOL violates Section 18 and 19 of Article X of the 1987 Constitution which authorize the enactment of only one Organic Act to establish the autonomous region in Muslim Mindanao.

The group continued that “any exercise of power of the legislative and the executive departments or any of their respective functionaries beyond what is circumscribed by the the Constitution and law is unconstitutional, and a nullity.”

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