Senators, congressmen say postponement is unconstitutional

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The Commission on Elections (Comelec) said that it is already preparing for the conduct of the national elections in 2022, saying that it sees no need to postpone the elections because of the coronavirus disease (COVID-19) pandemic. 

“As far as Comelec is concerned, given na by 2022 may pandemya pa rin. Iyan ang pinaka-basis ng aming paghahanda – na kailangan nating mag-ingat kasi sa 2022 sa panahon ng halalan, mayroon at mayroong pandemya. And in fact, ine-expect natin na wala pa dyan effective distribution ng vaccine ,” said Comelec spokesman James Jimenez during a radio interview on Thursday. 

“At this point we don't see a need for it (postponement), hindi nakikita yung pangangailangan ,” he added.

Jimenez said that they are currently studying proposals on how to safely conduct the elections amid the coronavirus pandemic. 

These include expanding the “alternative voting method” and the online filing of Certificates of Candidacy. 

Senators and congressmen said postponing the May, 2022 national and local elections is unconstitutional. 

“Just so it is clear, cancelling or postponing the election to pave the way for the extension of the terms of office of the President, Vice President, 12 senators, district representatives as well as elected local government officials beyond June 30, 2022, is a clear violation of the Constitution,” Lacson said in a statement. 

“Thus, any discussion or debate on this issue is an exercise in futility, if not a waste of time and energy,” the senator added. Lacson, likewise, reminded the Comelec that extending the May, 2022 elections a day or two before or after the dates specified under the Constitution may face a constitutional challenge before the Supreme Court. 

“This is not to mention valid issues and concerns involving the security of the secrecy and sanctity of the ballot as also provided under the 1987 Constitution, as trending may occur if the ballots are not properly safeguarded,” he said. 

Poll date enshrined in Constitution 

He said the Constitution explicitly provides that the election for the members of Congress and local positions – except for barangay officials – occur every second Monday of every third year and that presidential and vice presidential elections occur every second Monday of May every sixth year. 

Also under the Constitution, Lacson pointed out “elected officials, except those at the barangay level, start (and end) their terms of office on 30 June of the election year.” 

“At the end of the day, it is the Constitution that should guide all of us in this regard,” the lawmaker stressed.

For his part, Senate President Vicente Sotto III said the proposal has very slim chances of being approved once it reaches the Senate, unless proponents could present constitutional solutions. Pampanga 2nd District Rep. Mikey Arroyo had floated the possibility of postponing the 2022 elections if the COVID-19 pandemic is not yet over by then during the House hearing of the Comelec’s proposed 2021 budget. 

‘’The idea presents a number of controversial and unconstitutional issues. To name a few – who will hold over their positions? If not, who will appoint their replacements? The tenure of elected government officials are fixed,’’ Sotto pointed out. 

“But then again, the pandemic could be well controlled by then,” he added. 

Last resort Senator Christopher “Bong” Go, chairman of the Senate health and demography committee, said postponing the scheduled 2022 elections “should be a last resort.” 

“Measures should be adopted to ensure that the 2022 elections would be held as scheduled. With the use of technology, we should study alternative ways to ensure honest and credible elections based on current laws,” Go said. 

“We still have time to prepare. Let us also study best practices conducted in other countries. Postponing the elections should be a last resort. The government must ensure continuity of delivery of public services, including protecting Filipinos’ right of suffrage, even in times of crises,” Go stressed.

“While we are doing everything to hurdle the current health crisis, government services must be delivered to the people. And that includes their right to vote,” he added. 

Senate Minority Leader Franklin Drilon also expressed his belief that the call to postpone the national elections is part of a continued effort of some groups to ensure a “no elections” scenario in the May, 2022 polls. 

“I am not surprised. This is the continued effort at a ‘no-el’ scenario,” Drilon said in an interview on CNN Philippines. 

“The postponement could be a prelude to the main objective of extending the terms of members of the members of Congress and the elected officials. That is not feasible,” Drilon stressed. 

Drilon, a former justice secretary, stressed that the Comelec cannot postpone the holding of a national elections without the law being amended. 

“Even if you postpone the election, the terms of the elected officials are set in the Constitution. Unless you amend the Constitution, you cannot extend the term of officials,” he said. 

The senator also pointed out that though Congress can “theoretically” pass a law postponing the 2022 election, it would not extend the terms of office of the elected officials. 

“You have to amend the Constitution. That is why there is always an effort to amend the Constitution because of the term limit… You cannot postpone the election in the hope that your term can be extended. To extend the term you need an amendment to the Constitution,” he explained. 

Senator Imee Marcos, chairwoman of the Senate electoral reforms and people’s participation committee, stressed the need to proceed with the scheduled 2022 national elections. 

Marcos pointed out that several countries have conducted elections during the current COVID-19 pandemic such as South Korea, Taiwan, Belarus, Singapore, Iceland, Poland and, in November, the United States. 

“However, we should explore all possible scenarios – the three-day in person recommendation of Comelec, expanded early voting, mail-in ballots and, even in select cases, livestream online voting,” she said. 

“No doubt there are issues with every mode of voting, but the voice of the people must be heard,” she added.

Elections must proceed 

At the House of Representatives, majority and minority members agree that any postponement of the May, 2022 national polls would create problems with the 1987 Constitution, echoing the view of some senators. 

“Any deferment will violate the Constitution, which sets the elections for the second Monday of May. The nation has to elect its next President and Vice President. The top two leaders have a fixed term of office of six years, which cannot be extended,” Cagayan de Oro City Rep. Rufus Rodriguez said in a statement Friday. 

At any rate, Rodriguez, a majority bloc stalwart, noted that the next elections are still more than one-and-a-half years away, giving authorities enough time to prepare for electoral exercise. 

“If the virus is still around, the Comelec shall make preparations for effective and efficient methods for conducting elections observing social distancing and other precautionary measures for our people to vote safely,” added the chairman of the House Committee on Constitutional Amendments. Assistant Deputy Minority Leader, ACT-Teachers party-list Rep. France Castro, also said the elections should not be postponed. 

“The 2022 elections must not be postponed because it has been set by our Constitution,” she said. “What will happen if the 2022 elections get postponed? We fear that there would be a constitutional crisis... if the Constitution won't get followed, it will worry many of our people,” Castro said. 

Deferring the 2022 polls would require Charter change (Cha-cha) since a mere law can't change what is indicated in the Constitution. 

Philippine lawmakers have long pursued Cha-cha for varying political and economic reasons, but all attempts have so far been unsuccessful. 

Crowd in polling places 

The poll body is also looking for ways on how to avoid crowding in polling places. 

“There are suggestions not to use small classrooms but instead move the voting proper in gymnasiums or covered courts,” said Jimenez. 

Health protocols such as wearing a face mask, face shield, and maintaining physical distancing would also be enforced, said Jimenez. 

“The Comelec is also considering of holding the election for two to three days instead of just one day,” said Jimenez. “All of these are being considered by the Comelec,” he added. 

Former Comelec Commissioner Gregorio Larrazabal said that “there is no reason to postpone the elections,” adding that “other countries have had elections already.” 

“Added to this, the term of office of all elected officials will end on June 30, 2022, as mandated by the 1987 Constitution. You cannot extend the term of office of elected officials,” said Larrazabal in a Twitter post. 

“Cancellation of an election rests with the people. No official, not the President, not Congress, not any other office can cancel an election. Only the people via a national electoral exercise can cancel an election,” he noted. 

Views of poll watchdogs 

Poll watchdogs also disagree with the proposal to postpone the national elections. 

“We do not see any reason to postpone the 2022 national and local elections (NLE)” said Legal Network for Truthful Elections (LENTE) Executive Director Rona Caritos. 

“Also, other countries have conducted their elections this year. They did not postpone their elections. So no reason for us, especially we have ample time to prepare for our elections, if COVID will still be a problem by then,” she added. 

The Kontra Daya group also strongly rejected the idea of postponement. 

“Kontra Daya opposes moves to use the pandemic as pretext for term extension. There is no reason to postpone it as it is mandated by the Constitution. Is the government that incompetent and inefficient that it expects the pandemic to linger until May 2022?,” said Kontra Daya Convenor Danilo Arao.