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Senate President Francis Escudero said some provisions under the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) election code and implementing rules and regulation (IRR) violate the Constitution.

In a press conference, Escudero said he aired his concern during his meeting with President Ferdinand Marcos Jr. and Executive Secretary Lucas Bersamin on Wednesday night.

"I requested a meeting to inform him (Marcos) of what we had seen and discovered in relation to the BARMM election postponement," he said.

"We saw the provision of BARRM election code and IRR saying all the appointed officials who filed Certificate of Candidacy are not considered resigned," he added.

Escudero explained that the provisions also stated that the one year ban for the appointment of a candidate who lost in the election is also not applicable to them.

"These two provisions are a violation to the constitution which prohibits the officials of civil service from getting involved in partisan political activity, even if they are permanent or appointed in a coterminous capacity. That is why once a secretary files a COC, they are ipso facto deemed resigned," he said.

He said the need to amend the provisions to ensure the conduct of clean and honest BARMM elections.

Escudero said 35 among the 40 members of the Bangsamoro Transition Authority (BTA) have filed their COC this month.

"Only five BTA members (did) not file COC," he said.

"It means 35 of the 40 members are ipso facto deemed resigned when they file their Certificate of Candidacy," he added.

Escudero said Marcos vows to consider his concern as it is the first time that the president heard about it. Robina Asido/DMS