Senator Lacson seeks to address 'legal issues' on schedule of Bangsamoro elections

Senate President Pro Tempore Panfilo “Ping” Lacson has proposed a measure to address a potential "constitutional infirmity" in a bill seeking to set the schedule of elections in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM).

He clarified that he does not object to Senate Bill 1823 on the Bangsamoro elections but Lacson raised concerns over a possible conflict with the constitutional mandate for synchronized national and local elections.

Senate Bill No. 1823 resets BARMM’s first regular parliamentary elections to the second Monday of September this year, effectively amending the Bangsamoro Organic Law (BOL).

"At the outset, let me clarify that I am not objecting to the measure under consideration. Rather, this is a manifestation of concern, particularly on a potential Constitutional infirmity," he said during his interpellation on the measure.

Lacson pointed out that Senate Bill 1823 sets the BARMM elections on “the second Monday of September 2026 and every three years thereafter,” which may contradict a 2011 Supreme Court ruling affirming synchronization as a constitutional mandate.

In its decision in GR 196271 dated Oct. 18, 2011 (Abas Kida vs. Senate of the Philippines), the Supreme Court upheld the constitutionality of Republic Act 10153, which synchronized elections in the Autonomous Region in Muslim Mindanao (ARMM) with national and local polls, resetting the schedule from Aug. 8, 2011 to the second Monday of May 2013 and every three years thereafter.

"Ni-reaffirm ng Supreme Court ang (The Supreme Court affirmed the) constitutional mandate for synchronized national and local elections under the 1987 Constitution, recognizing synchronization as a core constitutional principle that shapes the structure of Filipino democratic governance," Lacson said.

"But under the measure (Senate Bill 1823), specifically Section 1 that seeks to amend Sec 13, Art 16 of RA 11054, the organic law of the BARMM, inaamin po natin na ginagawa nating second Monday of September 2026 and every three years thereafter," Lacson noted.

"Does it mean na maging permanent ito maging every second Monday of September (Under Senate Bill 1823, specifically Sec. 1 that seeks to amend Sec. 13, Art. 16 of RA 11054... we are admitting that we will set the BARMM elections to the second Monday of September 2026 and every three years thereafter. So does it mean we will permanently hold elections in BARMM every second Monday of September)?" he added.

Lacson said he would propose during the period of amendments that the terms of incumbent BARMM officials be extended if the elections are to be held in September 2026.

"Let them extend their term of office until June 30, 2031," he said.

Senate Majority Leader Juan Miguel Zubiri, the bill’s sponsor, agreed with Lacson’s position.

"I accept that we synchronize it and I believe the good gentleman from Cavite has the perfect amendment," Zubiri said.