Abas Kida vs Senate of the Philippines, Gr No. 196271 October 18, 2011

ABAS KIDA VS SENATE OF THE PHILIPPINES, GR NO. 196271 FACTS: There were several laws pertaining to the Autonomous Region in Muslim Mindanao (ARMM) were enacted by Congress. 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. ISSUE: WON the President’s power to appoint is constitutional.

HELD: YES, the grant [to the President] of the power to appoint OICs in the ARMM is constitutional Since the President’s authority to appoint OICs emanates from RA No. 10153, it falls under the third group of officials that the President can appoint pursuant to Section 16, Article VII of the Constitution. Thus, the assailed law facially rests on clear constitutional basis.