Comelec halts ballot printing as court stops DQ of 4 poll bets

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THE Commission on Elections (Comelec) yesterday suspended the ongoing printing of the official ballots to be used in the May national and local elections as the Supreme Court (SC) restrained the poll body from enforcing its ruling on five election-related cases.

In a statement on Tuesday evening, the Comelec announced the immediate stoppage of the ballot printing being held at the National Printing Office (NPO) since January 6.

A total of 73 million official ballots for the May polls and the Bangsamoro parliamentary elections are being printed by the NPO.

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“While the COMELEC has yet to officially receive its copies of the subject TROs (temporary restraining orders), we commit to do everything to comply with said Orders,” said the Comelec.

“We have now taken the necessary steps (for the) immediate cessation of printing of official ballots and all attendant activities thereto at the National Printing Office,” it said.

The SC yesterday issued five TROs against the Comelec and its decisions to declare two aspirants as nuisance bets, disqualify two others, and for refusing to receive the certificate of candidacy (COC) of another.

The High Court also gave the poll body a non-extendible period of five to 10 days to file their comments on the five cases.

In a briefer, the SC Public Information Office said magistrates stopped the Comelec from enforcing its decision to disqualify former Rep. Edgar Erice from the congressional race in the second district of Caloocan City, and Florendo de Ramos Ritualo Jr. who is seeking a seat in the Sangguniang Panglunsod of San Juan City’s first district.

The SC likewise barred the Comelec from cancelling the COCs of Subair Guinthum Mustapha, who is running for senator, and Charles Savellano, who is seeking a congressional seat in Ilocos Sur’s firt district.

Mustapha and Savellano were declared as nuisance candidates by the poll body.

The High Court also acted on the petition of Chito Bulatao Balintay whose COC for governor of Zambales was rejected by the poll body.

“This in effect directs the Comelec to accept and give due course to his certificate of candidacy. The SC also ordered the Comelec to comment on Balintay’s petition within a non-extendible period of 10 days from receipt of notice,” the SC-PIO said.

Aside from stopping the ballot printing, the Comelec also ordered the changing of the Candidates’ Database, the Election Management System (EMS), the Automated Counting Machine (ACM), and the Consolidation and Canvassing System (CCS).

It likewise ordered the regeneration of 1,667 ballot face templates and all their serialization, as well as the changing of the numbering of the candidates.

The poll body also ordered the inventory of all the printed ballots, including Final Testing and Sealing (FTS) ballots, Local Absentee Voting (LAV) ballots, Overseas Voting (OV) ballots, Official Ballots (OB) for Bangsamoro and Caraga, BARMM Parliamentary Election ballots, and mock election ballots, which total to more or less six million pieces.

It likewise called for the conduct of a study as to whether or not the change in the EMS and Candidates’ Database would necessitate its subject to another Trusted Build.

The Comelec said there will also be a reprinting of all the affected ballots at the proper time when all the necessary changes in the Candidates’ Database and EMS have already been done, as well as the accounting and auditing of the necessary costs and wastages, including the wages of personnel, supplies and materials inclusive of ballot paper, toners, and others.

The Comelec also cancelled and shall reschedule the Trusted Build of the Online Voting and Counting System (OVCS).

Lastly, the Comelec ordered the cancellation and rescheduling of the mock elections set on January 18.

“While these actions are indeed time consuming and very costly, Comelec fully respects the decision of the Supreme Court, and we recognize these Orders as part of legal processes,” said the Comelec.

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The Commission, nevertheless, assured the public that the delays that will take place should not be a cause for alarm.

“We inform the public that while delay is also a necessary consequence, please note that there is no cause for alarm, concern, or panic, as the Comelec is fully in control of the situation and will effect the necessary contingency measures to mitigate such,” it said.

In a related development, Comelec chairman George Garcia yesterday pressed lawmakers to amend the law on defining candidates as well as the prohibition on premature campaigning.

In an interview, Garcia said they are hoping that congressmen and senators will consider amending the law to curb premature campaigning activities.

“The Comelec is really pushing for the amendment of our laws, particularly on the issue of premature campaigning and on when they will be considered as candidates after filing their COCs,” he said.

“We hope that Congress will look into this. Otherwise, this will continue to be abused by many,” he added.

The poll chief said he believes that those who filed their COCs must be considered as candidates immediately “because their intent to run is already there.”

Similarly, he said premature campaigning must be prohibited to level the playing field.

“How can a poor candidate compete with rich candidates when the latter can afford huge campaign materials and have several ads in television, radio, and newspapers? How can that be fair? We hope to ensure fairness during elections,” said Garcia.

The Poll Automation Law states that “any person who files his certificate of candidacy shall only be considered as a candidate at the start of the campaign period”, and that “unlawful acts applicable to a candidate shall be in effect only upon the start of the campaign period”.

This provision was affirmed by the 2009 Supreme Court case of Peñera vs. Comelec, which paved the way for the removal of premature campaigning as an election offense.

But with or without the action from lawmakers, the Comelec head said registered voters can still hold accountable those engaged in premature campaigning activities through the power of their votes and the ballots.

“If you believe what they are doing is wrong, the answer is in the ballot. If you think it’s right, the answer is also in the ballot. In the end, the voice of the people will prevail,” he said.

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