Datu Michael Abas Kida v. Senate of the Philippines, et al.

G.R. No. 196271. October 18, 2011

Brion, J.

Facts: Several laws pertaining to the Autonomous Region in Muslim Mindanao (ARMM) were
enacted by Congress. Republic Act (RA) No. 6734 is the organic act that established the ARMM
and scheduled the first regular elections for the ARMM regional officials. RA No. 9054 amended
the ARMM Charter and reset the regular elections for the ARMM regional officials to the second
Monday of September 2001. RA No. 9140 further reset the first regular elections to November
26, 2001. RA No. 9333 reset for the third time the ARMM regional elections to the 2nd Monday of
August 2005 and on the same date every 3 years thereafter.
Pursuant to RA No. 9333, the next ARMM regional elections should have been held on August 8,
2011. COMELEC had begun preparations for these elections and had accepted certificates of
candidacies for the various regional offices to be elected. But on June 30, 2011, RA No. 10153
was enacted, resetting the next ARMM regular elections to May 2013 to coincide with the regular
national and local elections of the country.
In these consolidated petitions filed directly with the Supreme Court, the petitioners assailed the
constitutionality of RA No. 10153.
Issue:
1. Whether or not supermajority vote requirement of RA No. 9054 violates the power of the
legislature
2. Whether or not the removal of holdover provision of RA No. 9054 in RA 10153 is within
the power of the Congress
Ruling:
1. No. The supermajority vote requirement in Section 1, Article XVII of RA No. 9054 requires
¾ votes in the House of Representatives and the Senate for the validity of a substantive
amendment or revision of the organic acts. The Court has established that it is
unconstitutional because it violates the principle that Congress cannot pass irrepealable
laws. The legislature has the power to make, amend and repeal laws. Congress cannot
limit or reduce the legislative power of succeeding Congresses by requiring a higher vote
threshold than what the Constitution requires to enact, amend or repeal laws. If
supermajority vote will be allowed, the power of the legislature defined under the
Constitution will be violated.

2. Yes. In Section 8, Article X of the Constitution, it says that the term of office of local officials
shall be three years and should not exceed three consecutive terms. However, Section
7(1), Article VII of RA No. 9054 states that terms of regional officials shall be three years
and if there are no elected successors, they shall continue to hold the position.

The intent of the framers of Section 8, Article X is to limit the period of occupation of
elective officials. Congress has no authority to extend the three-year limit by inserting a
holdover provision in RA No. 9054 because it is as if amending the Constitution. If the
holdover is constitutionally permissible, it can only apply as an available option when there
is no express or implied legislative intent that exists. But if there is, then it cannot be
applied. Thus, when the Congress removed the holdover option in RA 10153, it was within
its discretion. If there are vacancies, the legislature and executive shall decide, in
accordance with the Constitution, on how they are going to fill the positions