THE Commission on Elections (Comelec) yesterday announced the indefinite suspension of all of its proceedings related to the ongoing people’s initiative (PI) to amend the 1987 Constitution.
Amid the widespread noise and potential legal battles created by the signature gathering activities, Comelec chairman George Garcia said city/municipal Offices of Election Officers (OEOs) across the country have been directed to stop accepting the signature sheets being submitted by PI proponents.
“The Commission en banc came up with a unanimous decision to suspend any and all proceedings concerning the people’s initiative. We are suspending all the processes, including the receipt of signature sheets of our local Comelec offices,” said Garcia in a hastily called press conference.
“Technically, the suspension of Resolution No. 10650 is already effective,” he also said, adding the decision will provide the Comelec the opportunity to review its guidelines and implementing rules and regulations (IRR) on PIs.
Garcia said their move is a proactive action to prevent potential legal battles in the future.
“Based on our assessment, we need to review, to enhance, to complete our IRR concerning the PI. We believe there are some provisions lacking in our guidelines. As a bottom line, in order to avoid problems, conflicts, and misunderstanding in the future, we need to review our rules on PI,” he said.
Garcia said a special committee shall be created to undertake the review of the PI guidelines, with Comelec Executive Director Teopisto Elnas Jr. heading the panel. No deadline for the completion of the study and release of the new guidelines was given.
“We shall create a panel to review these rules. At the same time, we are going to consult with everybody concerning the rules,” he said. “Hopefully, we won’t be obliged to give a timeline on how long or short our review of the rules shall be.”
To recall, Comelec Resolution No. 10650 was issued by the Commission en banc back in January 2020. It has been used as basis by the Comelec to receive signature sheets through their OEOs.
As of yesterday, the Comelec has already received around 7 million signatures from 209 out of the 254 legislative districts nationwide.
Asked what will happen to the signatures submitted, Garcia said those who submitted them may opt to withdraw them for their own safekeeping.
“Those already submitted to us, don’t worry, they will be under our care. We will properly safekeep these signatures,” he added.
As to potential allegations of the Comelec siding with either of the opposing camps involved in the PI, Garcia assured them that what they are doing is their own initiative.
“There is no politics here. We hope both camps will not think that we favored one over the other,” he said.
“This is the Comelec accepting the fact that we have to enhance the rules. No one is to blame here. The Comelec is saying we have to amend and enhance our rules,” he added.
WELCOME DEVELOPMENT
Senators thanked welcomed the Comelec’s decision.
“We would like to thank the Commission on Elections for taking cognizance of the fact that their ules are currently insufficient for this people’s initiative and for their commitment to motu proprio review their rules,” Zubiri said.
He likewise thanked the 43 out of the 254 legislative districts he said have yet to submit the signatures sheets gathered in their areas.
Senate majority leader Joel Villanueva said the poll body’s decision is a “victory for the Filipino people” as it heeded the true sentiments of the people even as he said that the “fight” against PI is not yet over as he urged the people to pray and be vigilant to make sure that the Constitution is protected.
Senate minority leader Aquilino Pimentel III said the Comelec was “awaken” by the truth.
“I am glad that Comelec has listened to us and the Filipino people. This move is Comelec’s acknowledgement of its limitations of its authority. I repeat, the Comelec has no authority under the law to formulate guidelines on people’s initiative, even to accept signatures,” he said.
Sen. Joseph Victor Ejercito said the decision will not give “destabilizers the bullets to explore and push adventurism.”
“Glad to know that there are still many government officials who are sensible, who respect our Constitution and who will defend our democracy in the face of sinister attempts to subvert it,” he said.
House Majority Leader Manuel Jose Dalipe also welcomed the Comelec’s decision to halt proceedings for the PI campaign, saying the House understands if there is a need to review the guidelines.
“If there’s a need for them to review, we welcome that but while the Comelec reviews it, there are also other very important legislative matters we’re always pushing for. Wala pong problema (there’s no problem), we welcome the act of the Comelec,” he told a press conference.
Senior Deputy Speaker Aurelio Gonzales of Pampanga said the public should know that the House will not be the one to stop the PI campaign since congressmen are not its proponents.
Since the Comelec has stopped any proceedings on the PI campaign, he said the Senate should be assured that the House has nothing to do with it.
“So wala na po siguro masasabi (So they Senate should be happy),” said Gonzales, one of the leading advocates for Charter change in the Lower House.
CANNOT REFUSE
But Albay Rep. Joey Salceda said the Comelec “cannot unilaterally defeat or delay an act of the people, by simply refusing to implement the provisions of the Constitution, the law, and the rules and regulations Comelec itself issued under Resolution No. 10650 s. 2020.”
Salceda said the provisions of the rules that the Comelec issued regarding Republic Act (R.A.) No. 6735 is that the election officer will issue a certification upon receipt of signatures from petitioners.
The only delay that the COMELEC en banc can do, he said, is to withhold the order to verify the gathered signatures, under Section 15 of Comelec Resolution No. 10650 s. 2020, the IRR of R.A. 6735.
“So far, the arguments of opponents have centered on who is backing the people’s initiative. Credible lawyers and economists, backed by long-time advocates for Charter change, are named as petitioners but this does not satisfy opponents who insinuate that members of the House are behind the proposal,” he said.
“All of this is beside the point. RA 6735 — which I helped draft as chief-of-staff of then Rep. Raul Roco, its principal author — and its rules do not distinguish elected politicians from regular voters. Anybody can launch a people’s initiative. As long as it meets the established requirements of form and procedure, the Comelec should allow it,” said Salceda.
Since the Supreme Court “has tended to liberally construe popular action,” Salceda he would caution Comelec against its decision “as it will likely not stand in court.”
He cited the case of Subic Bay Metropolitan Authority vs. Comelec wherein the Supreme Court stated that “provisions for initiative… are (to be) liberally construed to effectuate their purposes, to facilitate and not hamper the exercise by the voters of the rights granted thereby.”
Similarly, Salceda said, in Garcia vs. Comelec, the High Court asserted that any “effort to trivialize the effectiveness of people’s initiative ought to be rejected.”
“I want to belabor this point: Why are we so afraid of the people who elected us? It’s not the Senate’s Constitution, or the House’s Constitution for that matter. It is a Constitution ordained by “We, the People.” The People get to decide what they want in their Constitution,” he said.
SIGNATURE BUYING
The poll body’s decision was made a day before the Senate kicks off today its first hearing on the alleged buying of signatures for the PI campaign.
Proponents of the people’s initiative have allegedly been paying P100 to individuals who would sign the PI petition. There are also reports that voters were promised inclusion as beneficiaries of various government cash assistance programs in exchange for their signatures.
Dalipe said congressmen have no time to attend today’s hearing of the Senate Committee on Electoral Reforms on the effectiveness of the PI campaign because they are too busy with their duties.
While the House appreciates panel chair Sen. Imee Marcos’ open invitation to the probe, Dalipe said “it seems we in the House have our hands full crafting legislation aimed at enhancing the lives of our fellow Filipinos.”
“It’s a demanding task, but someone’s got to do it. Perhaps, while we focus on building bridges, others seem more inclined to hunt for witches. But rest assured, should our legislative schedule allow, we’d be more than willing to engage in fruitful discussions, preferably ones that construct, not deconstruct, our collective efforts for national progress,” he said. — With Raymond Africa and Wendell Vigilia
