Adiong Sworn in as Acting ARMM Governor

December 10, 2009

Vice Governor Ansaruddin Alonto-Adiong of the Autonomous Region in Muslim Mindanao was sworn in yesterday morning by Interior and Local Government Secretary Ronnie Puno as acting governor of the ARMM, replacing Zaldy Ampatuan.

Ampatuan was replaced as regional governor of the autonomous region after he was taken into military custody for his alleged involvement in last month’s massacre of 57 unarmed civilians in Maguindanao and was subsequently charged with rebellion by the Department of Justice.

Puno administered the oath of office of Adiong as part of his general powers of supervision over the ARMM, which the President has delegated  to the Department of the Interior and Local Government (DILG) under Administrative Order 273.

“We thank acting Governor Ansaruddin Adiong for this very brave act. His’ is not going to be an  easy task. The tasks that lie ahead are going to be difficult but we have confidence  and faith in his ability as acting governor of the Autonomous Region in Muslim Mindanao,” Puno said.

“At this most trying times, we temporarily take over the reins of government in Muslim Mindanao.  We are equally humbled by the enormity of the responsibility it carries,” Adiong said after taking his oath of office at Camp Crame in Quezon City on Thursday noon.

The oathtaking ceremony, held during simple rites at the conference room of the Camp Crame Multipurpose Hall, was also attended by representatives of the component provinces of the ARMM, including Rep. Pangalian Balindong of the second district of Lanao del Sur along with Governors Sakur Tan of Sulu, Jum Akbar of Basilan, Mamintal Alonto-Adiong Jr. of Lanao del Sur, and Sadikul Sahali of Tawi-Tawi.  

“Today’s exercise will evidence and impress upon everyone that even with martial law in Maguindanao, the Constitution remains in effect, the civilian government is in place ... and all other aspects  of governance will continue to exist,” Puno said.  

He said the appointment of Adiong as regional governor of the ARMM will “set in motion”  other events “to restore normalcy in Maguindanao.”

“I hope this will lay to rest all the fears about martial law and  the delegation  to the DILG by the  President of her powers of general supervision over the ARMM that these  will result in a de facto takeover of the region. That will not be the case. What will be enforced are the laws that continue to be in effect with or without martial law. Our laws remain in place no matter what crisis takes place,” Puno said.  

At the start Wednesday night of the joint session of Congress tackling Proclamation 1959 by the President, which imposed a state of martial law in Maguindanao except for certain areas, Puno clarified his role in the ARMM, making it clear  that he has no “blanket authority” or broad powers to either appoint a new regional governor or take over the area.

Puno sought to clarify misconceptions that he has become the “de facto governor” of ARMM following the issuance by President Arroyo of AO 273.

The DILG chief explained to Sen. Benigno Aquino III during the joint session—the first by the bicameral Congress under the 1987 Constitution—that under Republic Act 7160 or  the Local Government Code, which provides for the autonomy of the local government units, the  DILG has no control over LGUs, much less the autonomous regions in the country.

As for the President’s powers over the ARMM that were transferred to the DILG, Puno pointed out that under Article V, Section 1 of Republic Act 9054, which strengthened and expanded the Organic Act for the ARMM, such powers are only to ensure that the acts of the regional governor are within the scope of his or her powers and functions.

“The nature of this supervision allows the President or her delegated authority to suspend the regional governor for a period of not more than six months” for willful violation of the Constitution or any existing law that applies to the ARMM, Puno said.

Besides these powers, Puno said the President or her delegated authority, as stated under RA 9054, may suspend, reduce, or cancel the financial blocks or grants-in-aid, funds for infrastructure and other forms of assistance intended for the autonomous region for the following reasons:

1) if the regional government fails to account for the funds and financial assistance released to it by the central government or national government, within one month from the end of every quarter in which the funds and financial assistance had been released or;

2)  when measures for the protection and enhancement of the civil, human, political or religious rights of the lumads, Christians and other minorities in the autonomous region ordained by the Constitution and RA 9054, are not respected or are violated or not implemented within one year from its enactment.

Puno stressed that under the law, neither the President nor the DILG secretary has the power to appoint public officials in the ARMM to fill the political vacuum left with the arrest of the members of the Ampatuan clan, who hold various elective and appointive positions in the province.

He made it clear that it is still the regional governor, unless he is rendered incapable of fulfilling his functions,  who will have to appoint officers-in-charge in the autonomous region.

Because the regional governor—Zaldy Ampatuan—is now unable to carry out his fuctions, then under the principles of  lawful succession, the vice governor—Adiong—has to take over as acting ARMM governor.

If for any reason the vice governor is incapable of carrying out this task, the Speaker of the Assemby is the next in line, Puno said.

Given that Adiong is now the acting governor, he has the power to appoint the OICs to fill up the vacant positions in the ARMM, Puno noted.

He said that even with martial law in place in Maguindanao, the ARMM continues to enjoy autonomy.

Moreover, he said, the transfer of the President’s powers of general supervision over the ARMM to the DILG did not in any way “impair the autonomy of the region.”