WITH the Barangay and Sangguniang Kabataan Elections (BSKE) just days away, the Commission on Elections (Comelec) yesterday called on the Philippine National Police (PNP) to strengthen its campaign against loose firearms with election-related violence still expected to intensify before October 30.
In an interview, Comelec chairman George Garcia said the PNP should step up its efforts to prevent further loss of lives, including barangay and youth candidates, before Election Day.
“We are hoping that they can strengthen and intensify their operations against loose firearms, especially in areas of concern that are in the red category,” said Garcia.
“In the next days, we hope that the PNP will be able to arrest those people responsible with these crimes,” he also said, adding: “It is indeed troublesome to have these kinds of incidents especially since people are not just getting hurt, but are losing lives.”
“Running for public office is not a reason to lose one’s life. Running for public office is merely offering your service to the people. Losing one’s life is certainly unacceptable and unforgiveable,” he stressed.
Garcia issued the appeal as he noted that there are already 22 election-related violence incidents recorded with the BSKE still six days away.
Add to this, Garcia said, are the latest killings in Masbate, Cotabato City, and Pangasinan, although they have yet to be ascertained as election-related incidents.
As of October 20, the Comelec has placed 361 barangays under the “red” category in the list of Areas of Concern for the BSKE.
It has also placed under Comelec Control Negros Oriental and Libon, Albay due to increased security concerns in the two areas.
KILLINGS
The police yesterday reported four people, including three candidates in the BSKE, were killed while three others were injured in separate attacks in the cities of Cotabato and Masbate on Monday.
Police said the attacks were perpetrated by at least 20 assailants, of whom 12 have already been arrested, including a barangay chairman candidate and a policeman.
The Cotabato City police station named three of the fatalities as Nur-Moqtadin Butucan, Alfar Singh Ayunan Pasawiran, and Faisal Abas, all of Cotabato City.
Butucan and Pasawiran are candidates for barangay councilor in Barangay Rosary Heights 12 and Barangay Kalangalan, respectively.
Their companions, Saipul Sapalon and Fajeed Daud, were injured.
Police said the victims were hanging campaign posters in Barangay Rosary Heights 12 at around 9:30 p.m. on Monday when they were fired upon by 12 suspects.
All the suspects were arrested during pursuit operations. They included Juhalidin Ladesla Abdul, alias Boyong, who is running for chairman of Barangay Rosary Heights 12; and police Master Sergeant Pauti Dianal Mamalapat.
The 10 other arrested suspects were identified as Jayson Manguda Bansuan, Surin Alon Kamad, Daniel Gumat Paguital, Nordin Gueamel Alay, Mishal Malang Mamalapat, Abedin Saban Guinat, Buts Saban Tepay, Dixie Mahinay Garcia, Arman Mamalangkal, and Ronda Midtimbang Bansuan.
Seized from the suspects’ possession were a cal. 5.56 Armalite rifle, a cal. 45 pistol, a 9 mm pistol, assorted ammunition, magazines, and two handheld radios.
Killed during the Masbate City attack was Juvy Pintor, a candidate for councilor of Barangay Maingaran in the city. Injured was re-electionist barangay chairman Joseph Martinez.
The incident occurred while Pintor, Martinez and their allied candidates were attending the wake of a resident in Purok 2, Barangay Maingaran at 4:30 p.m. on Monday.
Police said the group of barangay chairman candidate Dolores Inopia passed by the area.
“However, a commotion ensued between the two groups,” a police report said.
The report also said Albert Aganan alias Pandak, Bong Bong Aganan, Eddie Badilla, Friday Inopia, Ruel Inopia alias Bislong, Iraq Leo Andaya, Angelo Amaro De Jesus, and Allan Amaro, allegedly shot the victims.
Police said the suspects fled after the incident and are now subject of ongoing pursuit operations.
CAMPAIGN MATERIALS
The Supreme Court has ruled that the Comelec cannot remove or destroy privately-owned campaign materials displayed on private property.
The magistrates reached the ruling in the case filed by the St. Anthony College of Roxas City against the Comelec during their en banc session last October 10 where it granted the petition for certiorari, mandamus, and prohibition of the former against the poll body.
The case was filed after Comelec personnel confiscated and destroyed the tarpaulins, posters, murals, and other materials expressing support for the 2022 presidential bid of then Vice President Leni Robredo displayed at the St. Anthony premises and the private properties of other individuals.
The Comelec confiscated and destroyed the said campaign materials pursuant to the Comelec’s “Oplan Baklas” drive under Republic Act 9006, or the Fair Election Act, and Comelec Resolution No.10730.
In granting the petitioner’s plea, the High Court held that RA 9006 only permits the poll body to regulate the election propaganda owned by candidates and political parties but not the political speech of private persons on private property.
“While Comelec may validly implement Oplan Baklas against candidates and political parties, it cannot implement Oplan Baklas against private individuals expressing their political preferences or support for a candidate of political party,” the en banc said, adding the poll body also violated the property rights of petitioners as there was no legal basis for its entry into private property and removal and destruction of their privately-owned campaign materials.
The SC also said it has always protected political speech as one of the most important expressions guaranteed by the 1987 Constitution, and freedom of speech and expressions is at the core of civil liberties that must be protected at all costs for the sake of democracy.
While it acknowledged the zeal and dedication of the poll body to ensure free and fair elections, the SC stressed that the “best intentions cannot justify impermissible infringements on constitutional rights,” and ruled the Comelec’s implementation of Oplan Baklas on the petitioners was “unconstitutional” as it exceeded the bounds of permissible regulation under RA 9003 and the poll body’s own resolution.
The decision was penned by Associate Justice Jose Midas Marquez.
Reacting to the SC decision, Garcia said the Comelec agrees with the ruling of the High Court as evident in the guidelines of the Oplan Baklas campaign against unlawful campaign materials.
“In fact, we are not removing campaign materials in private properties whether owned or not by candidates. Private ownership and its free exercise is constitutionally guaranteed,” Garcia said in a statement.
Similarly, the poll chief said they welcome the pronouncement of the SC that it is part of the powers and functions of the Comelec to remove illegal electioneering materials.
“It’s good to know that the SC is allowing Oplan Baklas as against candidates and political parties. This pronouncement strengthened our mandate,” said Garcia.
PRECINCT FINDER
On early Tuesday night, Garcia announced that the Precinct Finder is already available for public use.
Garcia said voters may access the Precinct Finder via http://Precinctfinder.comelec.gov.ph.
Earlier, Garcia said recent cyberattacks on government websites has indirectly affected their plans to immediately activate the Precinct Finder.
“We were supposed to come out with the Precinct Finder last week. However, with the series of hacking with PhilHealth and other government agencies, we are still waiting for the permission from the Department of Information and Communications Technology (DICT),” said Garcia.
“We have this agreement with the DICT that we won’t come out with any systems-related matters without their go signal,” he added.
The Precinct Finder is an online Comelec tool that helps voters locate their polling places with ease.
Garcia said they understand the reasons of the DICT in being more careful over data involving private individuals.
“If this (Precinct Finder) gets hacked, we will have a bigger problem with the information of our registered voters,” said Garcia. “We learned our lesson in our 2016 experience.”
In recent weeks, websites of the Philippine Health Insurance Corporation (PhilHealth), Philippine Statistics Authority (PSA), Department of Science and Technology (DOST), Bureau of Immigration (BI), and House of Representatives (HoR) have been subjected to cyberattacks.
Back in 2016, the Comelec’s website was also hacked with the Precinct Finder among the affected functions.
VOTE COUNTING MACHINES
The Comelec said 12 vote counting machines (VCMs) set to be used in the automated elections in Dasmariñas City, Cavite required replacement units during the Final Testing and Sealing (FTS) it conducted on Monday.
“A total of 104 VCMs were subjected to FTS, with 12 being contingency machines,” said the Comelec. “The reason for VCM replacements were errors on paper jams and misread ballots.”
The replacement machines were required in Paliparan III Elementary School (8), Paliparan National High School (3), and Dasmariñas Elementary School (1).
“There were a few that needed to be replaced probably because they are already old and have been used several times already,” Garcia said.
Under the Poll Automation Law, there must be a final examination and testing of the VCMs to be used in each polling precinct.
After the final testing and examination, the VCMs shall be closed and sealed by the Electoral Boards and will only be opened on Election Day.
During the FTS activity in Dasmariñas City, the Comelec said the Electoral Boards (EBs) convened in their assigned polling places to test and seal the VCMs assigned to the clustered precincts.
It said that first to finish was Dasmariñas Elementary School with three clustered precincts, followed by the Pintong Gubat Elementary School with eight clustered precincts, the Paliparan National High School with 28 clustered precincts, and Paliparan 3 Elementary School with 65 clustered precincts.
The Comelec said the no transmission was conducted during the FTS, and that the EBs ensured that the VCMs have been re-zeroed in preparation for Election Day.
The automated BSKE is set for pilot testing in Barangays Zone II Poblacion and Paliparan III in Dasmariñas City, Cavite, and in Barangay Pasong Tamo in the 6th District of Quezon City.
DQ CASES
Garcia yesterday also vowed to resolve the pending disqualification cases involving BSKE candidates before the scheduled assumption of office of winning bets.
In an interview after joining Operation Baklas in Pasay City, Garcia said they will make sure that the disqualification cases will be resolved before the assumption of office of those set to be elected before noon of November 30.
“Those who will be elected won’t assume the day after the elections, October 31 or November 1,” said Garcia. “Therefore, we practically have the entire month to resolve these cases.”
Garcia gave the assurance after the Comelec en banc issued Minute Resolution No. 23-0730, which suspends the proclamation of respondents with pending petitions.
The resolution states that covered by the directive are those facing petitions to deny due course or to cancel Certificate of Candidacy (COC), to declare a nuisance candidate, and for disqualification on the ground of violation of the prohibition on premature campaigning, vote-buying, and illegal campaigning.
The poll body used as basis Section 600 of Comelec Resolution No. 10924, which provides that the Division or the Commission En Banc is authorized to suspend the proclamation of respondents in pending petitions to deny due course or cancel certificate of candidacy, petitions to declare a nuisance candidate, and petitions for disqualification.
“In order to not render nugatory the findings of the Commission in the above cases, to give effect to the policy of the Commission En Banc in its campaign against election offenses, and in light of the fast approaching schedule of the October 30, 2023 Barangay and Sangguniang Kabataan, there is strong urgency in implementing Section 600,” said the Resolution which was promulgated Tuesday.
As of October 23, the Comelec has already filed 181 petitions for disqualification and issued 7,103 show cause orders against candidates accused of premature campaigning.
Similarly, there are 716 show cause orders issued against those who are allegedly engaged in illegal campaigning.
BSKE LAW
In a related development, the SC denied with finality the motion filed by the Office of the Solicitor General on behalf of the Comelec seeking the reconsideration of its June 27, 2023 decision declaring as unconstitutional the law that postponed the BSKE from its initial schedule of December 5, 2022 to the last Monday of October 2023.
To recall, the said SC decision, aside from declaring Republic Act 11935 unconstitutional, also held that this year’s BSKE shall proceed as scheduled, that the sitting Barangay and Sangguniang Kabataan officials shall continue to hold office until their successor shall have been elected and qualified, but their term of office shall be deemed to have ended on December 31, 2022, and the succeeding synchronized BSKE shall be held on the first Monday of December 2025, and every three years thereafter.
In its appeal, the OSG insisted that RA 11935 is valid as it complied with the constitutional guarantee of substantive due process and that its enactment was not attended with grave abuse of discretion.
The OSG also insisted that RA 11935 is supported by legitimate government interests, particularly the need for more time to study the electoral reforms that should be introduced in the BSKE.
Additionally, the OSG asserted that the postponement of the BSKE was necessary to achieve Congress’ vision to reform the BSKE system.
In denying the OSG’s petition, the SC said the arguments raised by the former are “essentially mere reiterations” of those considered and passed upon in its June 2023 decision.
The SC stressed that while the power of the Congress to legislate all matters of general concern or common interest is broad and plenary, “it is limited by the Constitution, either expressly or impliedly,” which includes the due process clause.
On this issue, the SC reiterated that the legislative history of RA 11935 manifestly demonstrated that it is not supported by a legitimate government interest or objective since the primary, and animating, reason for the postponement was to unconstitutionally realign the budget allocation of the Comelec for the 2022 BSKE for other projects and programs of the government.
“The postponement must be intended to guarantee the conduct of free, honest, orderly, and safe elections,” it said. — With Victor Reyes and Ashzel Hachero
