AMID calls for the poll body to reject signature sheets intended for the people’s initiative (PI) to amend the 1987 Constitution, the Commission on Elections (Comelec) yesterday said only the Supreme Court (SC) can prevent them from doing so.
Comelec spokesman John Rex Laudiangco, in an interview, said the poll body is mandated to implement their own rules on people’s initiative except when prevented by the High Court.
“The only way is for a higher authority to issue a temporary restraining order (TRO). And the only one that can issue a TRO against the Comelec is the Supreme Court,” said Laudiangco.
He, however, expressed belief that a TRO is not yet warranted since they still do not have jurisdiction over the PI.
“The question there is: Is there a justiciable issue? Has the Comelec done anything? Did we have any pronouncements already? Do we have a ruling that needs to be questioned before the Supreme Court? There is none yet. In fact, we don’t have any jurisdiction yet,” he said.
On Monday, election lawyer Romulo Macalintal said the Comelec should refrain from accepting signature sheets in support of a PI to amend the 1987 Constitution since doing so give the public the “wrong impression” that an initiative to amend the Charter has already been properly or validly initiated.
Comelec chairman George Garcia has said that the poll body is merely implementing Resolution No. 10650, which provides the guidelines for people’s initiative activities.
Garcia said that the Commission will implement their resolution as long as it is not amended or declared null and void.
So far, Laudiangco said they have already received signature sheets in 862 cities and municipalities covering some 160 legislative districts.
President Marcos Jr. said it is up to the Comelec whether to accept or invalidate the signatures that have been submitted to local election offices amid reports that these were collected in exchange for cash and incentives.
“We just let the Comelec do their job and their work to validate the signature. And if there’s suspicion na may ganoon nga (signature buying) ay hindi talaga mabibilang ang mga signature na ‘yun (If there’s suspicion that it [signature buying] happened, the signatures would not be counted),” he said.
“Well, kapag binayaran ‘yung signature, hindi tatanggapin ng Comelec ‘yun. So walang magandang mangyayari (Well, if the signatures were paid, Comelec will not accept it. So, nothing good will happen),” he also said.
He said he will ask members of Congress to confirm or deny reports that the signatures are being bought, even as he said he received information that some PI proponents promised the signatories incentives and benefits.
‘INCENTIVES’
There are circulating reports that groups pushing for the PI have assured those who would sign the Charter Change petition that their names will be included in government assistance programs, such as the Assistance to Individuals in Crisis (AICS) and the Pantawid Pamilyang Pilipino Program (4Ps) of the Department of Social Welfare and Development (DSWD), the Medical Assistance to Indigent and Financially Incapacitated Patients (MAIFIP) program of the Department of Health (DOH), and the Tulong Panghanapbuhay sa Ating Disadvantaged/Displaced workers (TUPAD) of the Department of Labor and Employment (DOLE).
Marcos denied the reports, saying there have been no changes in the volume of fund releases under the three programs.
He said he had initially wanted to suspend the aid distribution under the said programs precisely because he had suspected that these could be used for the PI campaign.
However, he said he decided otherwise after taking into consideration the number of beneficiaries who would be affected by the temporary suspension.
NO TO PI
The Senate yesterday slammed the ongoing PI campaign, which senators said seeks to take the upper chamber away from the Cha-cha picture since the 24-member Senate vote will be overshadowed by the more than 300 congressmen.
“The so-called people’s initiative proposes only one change: in acting as constituent assembly, the Senate and the House shall vote jointly. While it seems simple, the goal is apparent — to make it easier to revise the Constitution by eliminating the Senate from the equation. It is an obvious prelude to further amendments, revisions, or even an overhaul of our entire Constitution,” Zubiri said as he read a manifesto signed by all the senators.
Zubiri said that once the PI campaign pushes through, “further changes to the Constitution can be done with or without the Senate’s approval.”
“Or worse, even absent all the senators. Should Congress vote jointly in a constituent assembly, the Senate and its 24 members cannot cast any meaningful vote against the 316 members of the House of Representatives,” he added.
Zubiri said the PI campaign will also “open the floodgates” to a series of amendments and revisions in the Constitution as it will destabilize the principle of bicameralism and the legislation’s system of checks and balances.
“With this change, the Senate is left powerless to stop even the most radical proposals: We cannot protect our lands from foreign ownership, we cannot stop the removal of term limits or no-election scenario in 2025, or worse in 2028,” he said.
Zubiri said it is unthinkable that the Senate, which is a co-equal government branch of the House of Representatives, will have a dispensable and diluted role in Cha-cha.
“Throughout Philippine history, the Senate has always been one of the first targets by those who seek to undermine our country’s democracy. Today, the Senate once again stands as a bastion of democracy, as it rejects this brazen attempt to violate the Constitution, the country, and our people. The Senate of the people will not allow itself to be silenced,” he said.
Zubiri urged the public to be vigilant against any sinister attempt to change the Charter by exploiting the democratic processes “under the guise of a people’s initiative.”
HOUSE PROPONENTS?
Meanwhile, Senate majority leader Joel Villanueva said majority of his colleagues are not no longer keen in approving Resolution of Both House No. 6, which proposes the convening of Congress into a constituent assembly to introduce only three amendments to the economic provisions in the 1987 Constitution.
Villanueva said the Senate has received “thousands” of complaints and evidence that the PI signature campaign is paid and is the handiwork of congressmen.
Villanueva said the pieces of evidence were forwarded to his office a day after he encouraged the public to report any irregularity in the PI campaign.
“Ninety percent itinuturo staff ng congressmen. Meron pang chief of staff na sila ang nagpapatakbo. Bakit 90 percent galing sa Kamara na ang aming kausap at supposed to be aming ka-deal para talakayin ang resolution na naka-focus sa economic provisions? (Ninety percent of the evidence all point to staff members of congressmen. There was even one that a chief of staff [of a congressman] was said to be the one running the campaign. Why is it that 90 percent came from the House of Representatives which is our partner and supposed to be dealing with us to discuss the resolution which is focused on economic provisions?),” Villanueva said in a press conference.
He said the evidence includes screenshots of money received by the signatories through the money remittance app GCash.
“Hindi po puwede na kayo ay makakakuha lang ng ayuda kung hindi kayo pipirma sa Cha-cha. Mali po ‘yun, kalapastanganan po yun ng inyong karapatan (Don’t be deceived that you can only get financial assistance once you sign for Cha-cha. That is wrong. That is against your rights),” he said.
He said the submitted pieces of evidence are among the reasons why many senators are no longer interested in pushing for Charter revisions.
“That’s obviously the main reason why a lot of the senators are not interested anymore in pushing for (the) joint resolution,” he added.
Senators on Monday afternoon held a caucus to tackle the upper chamber’s thrust in tackling Charter amendments. Their mood, however, supposedly changed upon learning of the supposed paid PI campaign.
Villanueva also said there are likewise moves by their House counterparts to include revisions in the political provisions of the Charter by extending their term limits.
“Pero lunukin po ‘yung idea na babayaran ang isang tao para pumirma sa hindi niya naiintindihan para mapalawaig ang kanilang termino, ngayon pa lang sa akala kong mga kaibigan ko, mag solian na tayo ng kandila (But to swallow wholeheartedly the idea of paying an individual just to sign something which he does not understand to extend their terms is unacceptable. We might as well forget that we are friends),” he said.
He said he will lead moves in his hometown in Bulacan to withdraw their signatures in the document which they did not understand.
He said leaders of some congressmen in Laguna whom he had talked with are also willing to disclose what they know of the PI campaign.
Villanueva also said several congressmen have also confirmed to him that the House was behind the PI campaign.
Speaker Martin Romualdez said the House “does not endorse or sanction direct participation by its members in signature gathering, ensuring the process’s integrity and independence remains intact.”
“I vehemently denounce any allegations of bribery or unethical practices in persuading citizens to sign the petition for the people’s initiative. Such actions, if true, would violate the initiative’s spirit of honest and voluntary participation and erode our democratic foundations,” he said in a statement.
The Speaker however maintained that the PI “stands as a direct expression of the people’s will, providing a means for citizens to propose constitutional amendments.”
While the House respects and supports PI as an “independent, citizen-driven process,” Romualdez said the role of congressmen “is to facilitate and encourage democratic participation without direct involvement in signature collection.”
“We are committed to ensuring that proposals are processed in accordance with legal and constitutional guidelines, maintaining the integrity of our Constitution in subsequent legislative actions. The House of Representatives stands committed to providing a transparent and accountable framework to support the People’s Initiative, ensuring that it remains a true representation of the people’s collective will. We are here to support and respect the outcomes of this process, affirming the People’s Initiative as the purest form of democracy,” he said.
Majority Leader Manuel Jose Dalipe said the House leadership was “profoundly disappointed” after Villanueva said that a lot of senators are not interested anymore in pushing for RBH No. 6 because of the alleged involvement of the House in the signature drive.
“These claims, grounded in allegations linking the House leadership to the people’s initiative, are not only baseless but also regrettably cast a shadow over the collaborative efforts required for constitutional reforms. If Sen. Villanueva’s assertion holds true, it is disheartening that certain senators perceive ghosts without substantial evidence. Unjustly implicating Speaker Ferdinand Martin G. Romualdez in relation to the people’s initiative only serves to foster unwarranted doubts and distractions,” Dalipe said in a separate statement.
If what Villanueva said was accurate, Dalipe said “it is indeed regrettable that President Ferdinand R. Marcos Jr. has been fed with false information, having been led to believe that the Senate had already pledged its support for constitutional economic reforms, as earlier announced by Senate President Juan Miguel Zubiri.”
He said the Speaker has even extended a welcoming hand in response to the Senate’s favorable pronouncement on constitutional economic reforms, “highlighting a collaborative approach for the greater good of the Filipino people.”
Dalipe pointed out that over the past 36 years, the Senate has repeatedly blocked efforts to amend the outdated 1987 Constitution, “depriving the Filipino people of a better Philippines.”
“It is crucial that we set aside our differences and unite in our efforts to bring about meaningful constitutional reforms that will positively impact our nation,” said the House Majority Leader.
Albay Rep. Joey Salceda said PI is a valid mode of amending the Constitution and “that is why, despite its broad powers to legislate, the Senate can issue only a statement against the people’s initiative.”
Once the signature campaign crosses the 12 percent threshold for registered voters nationwide, and 3 percent per district, Salceda said “the Constitution should operate, and a plebiscite to bring the matter to the people directly is in order.”
Salceda said the Senate “should not be afraid of the popular will.” “The House is not, and the Senate, as a bastion of democracy, should not be,” he said.
POLITICAL REVISIONS
The President, in an interview with GMA-7, said he is open to amending the political provisions of the Constitution, such as the term limits of elective officials but said that it would have to be done in the future as he wants to focus on the economic provisions.
“Let’s be practical. In terms of the term limits, look what has happened,” he said, referring to the practice of some political families where the spouse, child, sibling, or parent of an elected official runs after he or she has reached the limitations of his or her term of office.
He said this practice usually does not result in any changes in the administration or leadership.
“The 1987 Constitution was not written for a globalized world. And that is where we are now, so we have to, we have to adjust so that we can increase the economic activities in the Philippines, we can attract more foreign investors,” he added.
Marcos, however, believes that certain provisions should remain like barring foreign ownership of lands and certain critical industries such as power generation, media and “strategic areas that we cannot allow to be influenced by a foreign entity be it a corporation or another country.”
“That’s where we draw the lines and how much,” he also said. — With Jocelyn Montemayor, Raymond Africa and Wendell Vigilia