Poll lawyer says no legal basis yet to submit names
BY GERARD NAVAL and ASHZEL HACHERO
THE Commission on Elections (Comelec) should refrain from accepting signature sheets allegedly in support of a “peoples initiative” to amend the 1987 Constitution, veteran election lawyer Romulo Macalintal yesterday said, pointing out that there is still no legal basis to submit the names to the poll body.
“The Comelec should stop receiving signature sheets allegedly in support of a ‘people’s initiative’ to amend the 1987 Constitution. It is just a waste of time and paper because these signature sheets have no evidentiary value or cannot be the basis of an initiative,” Macalintal said in a statement.
He added: “It also gives a wrong impression to the people that an initiative to amend the Charter has already been properly or validly initiated.”
Macalintal said no less than Comelec chairman George Garcia has repeatedly said that no petition has been filed with the poll body yet, which is a requirement under Section 2, Article XVII of the 1987 Constitution which provides that any amendment of its provision by the people through an initiative must be “upon a petition.”
He also cited a Supreme Court ruling that the people must first read the petition before they sign it.
“It is as clear as the sunlight that there is no legal basis for anyone to submit the said signature sheets to the Comelec. Without a formal petition having been filed, it is premature to submit these signature sheets to the Comelec,” he stressed.
“There is likewise no valid reason for the Comelec to receive them. In other words, the signatures cannot be filed ahead of the petition,” he stressed, adding that the only valid act that the poll body could do is to issue a certification as to the number of registered voters in each congressional district that the petitioners could attach once they file a petition.
Garcia said that in accepting the signature sheets, the poll body is merely implementing provisions of Comelec Resolution No. 10650.
“If there are signatures submitted to us, it is part of our ministerial duty to receive them based on our guidelines. If it is not in our rules and guidelines, why would we want to have additional work?” he said.
“Therefore, as long as it is in our guidelines, it is not amended, or declared null and void, we need to implement what is provided in our guidelines,” he said, adding that they do not see the need to amend the guidelines for a PI even if it may cause confusion to the public.
Besides, Garcia said any revision to the current guidelines might be seen as an accommodation to the ongoing bid to amend the Charter.
“Just think what will happen if we change the rules in the middle of a ball game. Imagine what will be the impression of either those opposed or by the proponents. So, at this point, whatever the rules are, the Commission on Elections will stand by it,” he said.
Macalintal made his appeal following Garcia’s statement that local Offices of Election Officers (OEOs) have started receiving signatures sheets from proponents of the PI in different cities and municipalities.
Garcia said that as of yesterday, there are already some 900 city and municipal OEOs that have received signature sheets. “There are about 153 districts involved in those almost 900 cities and municipalities with signature sheets,” he said in an interview.
He said there are 254 legislative districts across the country, with the law requiring each legislative district to have three percent of its population signifying their support for the PI through their signatures.
SIGNATURE DRIVE
Senate majority leader Joel Villanueva yesterday called on the public to report irregularities in the ongoing PI signature campaign.
In a video message, Villanueva said the people can take videos, pictures, or screenshots of any irregularity, such as bribery, and can either send them to the Senate or post them on social media sites.
“Kung meron pong nagoyo, nabudol, gustong magreklamo at bawiin ang kanilang pirma, huwag po kayong matakot magsumbong. Magpadala o mag-post ng video, picture o screenshot ng mga text ng panunuhol. Ipagbigay alam ninyo rin po ang inyong pangalan, tirahan, at contact details para matulungan po naming kayo na ma-protektahan at maipagtanggol ang inyong karapatan (If there is anyone who was fooled, duped, wants to file a complaint, or want to take back their signatures, do not be afraid to report them to us. You can send videos, pictures, or screenshots of text messages of bribery. Give us your name, address, contact details so we can help you protect your rights),” Villanueva said.
Villanueva said the ongoing PI campaign is “worrisome” due to reports of bribery, thus it does not reflect the true will of the people.
“Kaya nakakabahala po ang ginagawang people’s initiative. Marami na po tayong narinig, nakita, at nasaksihan. Kaya po ang panawagan natin, kung totoong people’s initiative ito, sige po, dahil karapatan naman natin kung anong klaseng Konstitusyon ang gusto natin
(The ongoing people’s initiative is worrisome. We have heard a lot, seen a lot, witnessed a lot. If this is a true people’s initiative, well and good, because we have the right to choose what kind of Constitution we will have),” he said.
“Subalit hindi po dapat binibili, sinusuhulan, at sinasamantala ang ating mga kababayan.
Importante po na ang tao ay mulat at nabibigyan ng tamang impormasyon. Hindi po puwede na bibigyan kayo ng ayuda o salapi para lamang pumirma (But our people should not be bought, bribed, and taken advantage of. It is important that we educate the people by giving them the right information. Do not let anyone fool you by giving financial assistance or money just for you to sign the petition),” also said.
Director Medardo de Lemos of the National Bureau of Investigation (NBI) said they have yet to receive a request to probe the alleged signature buying related to the signature drive.
“Wala pa ho kaming natatanggap na ganyang mga request to investigate (We have not received any request to investigate the reports),” De Lemos told reporters in a chance interview after he signed a deed of donation with officials of the German Federal Police Liaison Office of the German Embassy of the Federal Republic of Germany in Manila.
De Lemos expressed hope that the NBI will not be dragged into the issue with political undertones.
“We limit ourselves to criminal activities, not unless we receive a directive from higher authorities,” he said.
LEAD PROPONENT?
Sen. Ronald dela Rosa yesterday alleged Speaker Martin Romualdez was behind the PI signature campaign, citing information allegedly shared by a congressman.
He said the congressman, whom he did not identify, told him that they were only acting on the orders of Romualdez when he confronted him/her over the issue.
“Pasensiya na kayo, napag-utusan lang kami ng liderato,” De la Rosa quoted the unnamed congressman as saying. He did not give additional details.
Romualdez, when asked to respond to Dela Rosa’s statement, said: “It’s Sen. Bato (Dela Rosa) talking, I don’t know what he’s talking about.”
He added: “He did not mention any congressman (as his source). I don’t respond to (hearsay).”
Senators have expressed concern over the PI being pushed by several congressmen, with Villanueva saying that once the constituent assembly being pushed in the initiative is approved, the 24-member Senate will be overshadowed by the votes of the more than 300 congressmen in approving proposed amendments to the Constitution.
This was the same concerned earlier raised by Senate minority leader Aquilino Pimentel III and Sen. Risa Hontiveros.
Villanueva said Cha-cha is not the solution to the country’s pressing problems.
“Kaya nga po sa loob ng halos apatnapung taon, hindi po basta-basta pinaki-alaman ang ating Konstitutsyon. Ngunit hindi po ibig sabihin na perpekto ito, maaaring may ilang probisyon na puwedeng makatulong sa ating bayan (That’s why the [1987] Constitution was not amended in its almost 40 years of existence. This does not mean that it is perfect, but there are some provisions which can still be of help to the country),” he said.
“Uulitin ko po: hindi Cha-cha ang sagot sa problema sa mataas na presyo ng bilihin, sa kakulangan sa trabaho, mababang kita, krisis sa edukasyon, at marami pang iba (I repeat: Cha-cha is not the solution to the country’s problems on the high cost of products and services, unemployment, low income, crisis in the education sector, and others),” he added.
Senate President Juan Miguel Zubiri has said that President Marcos Jr. has tapped the upper chamber to lead Cha-cha through a constituent assembly. He said the President was wary of the PI campaign because it is allegedly “too divisive.”
Zubiri, with Senate president pro tempore Loren Legarda and Sen. Juan Edgardo Angara, have filed Resolution of Both Houses No. 6 which enjoining the Senate and the House of Representatives to propose amendments to the economic provisions of the Constitution, focused solely on public utilities, education, and advertising.
Zubiri said the Senate need not work with the House under one roof, and as suggested by Marcos, the lower chamber can just adopt the Senate version of the amendments.
Angara has been tasked to lead a sub-committee of the Committee on Constitutional Amendments and Revision of Codes to tackle the proposed amendments to the Charter.
The mother committee is chaired by Sen. Robin Padilla.
PERSONAL OPINION
Interior Secretary Benjamin Abalos Jr. yesterday clarified that the statement of one of the undersecretaries of the Department of the Interior and Local Government (DILG) warning barangay officials against involvement in the PI for Charter change is not the official stand of the department.
Abalos said the statement of DILG undersecretary for barangay affairs Felicito Valmocina was based on his personal opinion.
“The statement of undersecretary Valmocina that came out is his own personal opinion. It’s never the opinion or the position of the department itself,” said Abalos.
“We want to clarify that the statement he made was his own. That’s not the official stand and position of the DILG with reference to the matter, on the role of barangay officials in this people’s initiative,” he also said.
Over the weekend, Valmocina warned barangay officials should not get involved in the signature campaign and that barangay halls should not be used for the initiative.
Abalos said the DILG has written Garcia seeking guidance regarding the rules, particularly
if barangay officials are allowed to take part in the people’s initiative. Garcia has yet to respond. — With Raymond Africa and Victor Reyes
