10/19/24, 1:47 AM Case Digest: G.R. No. 196271 - Kida vs.
Senate of the Philippines
Title
Kida vs. Senate of the Philippines
Case Decision Date
G.R. No. 196271 Feb 28, 2012
The Supreme Court upholds the constitutionality of Republic Act No. 10153, which postpones the
ARMM elections and allows the President to appoint temporary officers-in-charge, citing the
importance of synchronization and the need for governance in the ARMM during the
intervening period.
Case Digest (G.R. No. 196271)
Comprehensive
Facts:
The case "Kida v. Senate of the Philippines" involves petitioners Datu Michael Abas Kida, Basari
D. Mapupuno, Rep. Edcel C. Lagman, Almarim Centi Tillah, Atty. Romulo B. Macalintal, Louis
"Barok" C. Biraogo, and Jacinto V. Paras.
Petitioners filed motions for reconsideration against respondents: the Senate of the Philippines,
the House of Representatives, the Commission on Elections (COMELEC), and various
government officials.
The case centers on the constitutionality of Republic Act (RA) No. 10153, which postponed the
ARMM regional elections from August 2011 to May 2013 and allowed the President to appoint
temporary officers-in-charge (OICs) for the interim period.
Petitioners argued that ARMM elections are distinct from local elections and that RA No. 10153
effectively amended the Organic Act (RA No. 9054) without the required supermajority vote and
plebiscite.
The Supreme Court upheld the constitutionality of RA No. 10153 in its decision dated October
18, 2011, leading to the filing of motions for reconsideration.
The case was decided en banc on February 28, 2012, with Justice Brion as the ponente.
Issue:
1. Does the Constitution mandate the synchronization of ARMM regional elections with national
and local elections?
2. Does RA No. 10153 amend RA No. 9054, and if so, does it need to comply with the supermajority
vote and plebiscite requirements?
3. Is the holdover provision in RA No. 9054 constitutional?
4. Does the COMELEC have the power to call for special elections in ARMM?
5. Does granting the President the power to appoint OICs violate the elective and representative
nature of ARMM regional legislative and executive offices?
6. Does the appointment power granted to the President exceed the President's supervisory
powers over autonomous regions?
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10/19/24, 1:47 AM Case Digest: G.R. No. 196271 - Kida vs. Senate of the Philippines
Ruling:
The Supreme Court denied the motions for reconsideration and upheld the constitutionality of
RA No. 10153.
The Court ruled that the synchronization mandate includes ARMM elections.
RA No. 10153 does not amend RA No. 9054.
The holdover provision in RA No. 9054 is unconstitutional.
The COMELEC does not have the authority to hold special elections in ARMM.
The President's authority to appoint OICs does not violate the Constitution.
Ratio:
The Constitution mandates the synchronization of national and local elections, including
ARMM elections, as inferred from the Transitory Provisions of the 1987 Constitution.
The framers intended a single election for all elective officials, emphasizing the importance of
synchronization.
RA No. 10153 does not amend RA No. 9054 but fills a gap left by the latter regarding the date of
subsequent ARMM elections.
The supermajority vote requirement in RA No. 9054 was deemed unconstitutional as it violates
the principle that Congress cannot pass irrepealable laws.
The plebiscite requirement in RA No. 9054 was found to be overly broad and not applicable to
all amendments.
The holdover provision in RA No. 9054 was declared unconstitutional as it extends the term of
elective local officials beyond the three-year limit set by the Constitution.
The COMELEC's power to call special elections is limited to specific circumstances and does
not apply to the postponement mandated by RA No. 10153.
The President's power to appoint OICs is within the scope of executive authority and does not
violate the Constitution, as it is an interim measure to ensure governance in ARMM during the
synchronization period.
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