WITH less than three weeks before October 13, the Commission on Elections (Comelec) yesterday said it is highly unlikely that the first-ever Bangsamoro Parliamentary Elections (BPE) will push through as scheduled.
In an interview after the “Dialogue-Forum on the 1st BARMM Parliamentary Elections” in Makati City, Comelec Chairman George Garcia said they are leaning towards postponing the BPE just as recommended by the agency’s Law Department and Project Management Office (PMO).
“The Comelec will meet based on what was discussed here, because the PMO and Law Department have recommended to us that it seems that the postponement of the election should be considered,” said Garcia.
“If there are factors that could hinder a smooth, peaceful, and credible election, it would be better for the Commission to invoke it (postponement). It’s in the law, there’s a remedy, why wouldn’t the Comelec use it? That’s what we’ll do,” he added.
Section 5 of the Omnibus Election Code states that the postponement of an election may be done because of serious causes such as violence, terrorism, loss or destruction of election paraphernalia or records, force majeure, and other analogous causes of such a nature that the holding of a free, orderly and honest election should become impossible in any political subdivision.
The poll chief said they may consider the issuance of a temporary restraining order (TRO) by the Supreme Court against the Bangsamoro Autonomy Act (BAA) No. 77 as a “force majeure.”
He said this is because BAA No. 58 has been repealed and invalidated by the new Bangsamoro law.
“We do not know whether BAA 58, which was repealed, or BAA 77, which was issued a TRO, will be implemented. Isn’t that a legal impossibility? Because of that, in our opinion, we can already discuss the postponement of the elections,” said Garcia.
He noted they have no sufficient time to complete their preparations for the BPE.
This, Garcia said, is because they have suspended all their preparations for the BPE since September 17.
“Currently, there is a recommendation from the PMO and from those in the field that the remaining days before October 13 are no longer enough. It is really no longer possible. It is not only a legal impossibility but a factual impossibility,” said Garcia.
He said the Comelec is giving itself a period of one week to decide whether to declare the BPE as postponed or not.
“We will have up to next week to decide. The process will start today. We just want to follow the correct process before coming to the declaration,” said Garcia.
The official also said the resetting of the BPE will depend on the date of the cessation of the cause for such postponement of elections.
“It depends on the date of cessation (of the TRO or case). That’s when the 30 days will start to count, just in case the elections are postponed,” said Garcia.
