Angara: SC ruling cites election can be held alongside plebiscite
Senator Juan Edgardo “Sonny” Angara on Thursday, February 8 said he is confident that the holding of a plebiscite alongside an election is possible and allowed by the Supreme Court.
Citing the 1981 Occena vs Comelec case, Angara said such political exercise is allowed and has long been settled by the SC.
Angara’s remarks was in response to Commission on Elections (Comelec) chairperson George Garcia’s pronouncement that the poll body cannot hold a Charter change plebiscite in 2025 in time with the midterm elections.
According to Garcia, the earliest possible year for a plebiscite is 2026.
Angara maintained his proposal is feasible as the government can save millions of funds if the plebiscite is held alongside the election this October.
“Hindi nga ako sure kung ano ‘yung legal basis ni Comelec chair Garcia for saying that kasi ang leading case dyan sa plebiscite is Occena vs. Comelec (I’m not sure what legal basis Comelec chair Garcia is pointing to because the leading case here on the issue of plebiscite is the Occena vs. Comelec case),” Angara said during the Kapihan sa Senado forum.
“That is a 1981 case decided by the Supreme Court at doon, ang desisyon ay pwedeng isabay ang plebisito sa eleksyon (and in that decision the plebiscite can be held simultaneously with the election),” he recalled.
But the Constitution limits the conduct of a plebiscite to only 60 to 90 days from the time of the approval of the proposed amendments.
“Kaya nga sinasabi ko, mas maganda later, pero (That’s why I’m saying, that it’s better to do later but) definitely by October,” he stressed.
Angara further maintained that October remains a “practical deadline” because if lawmakers fail to pass it before October, the Comelec won’t be able to print it in the ballot.
But Angara clarified that his proposal of an October deadline does not mean that Resolution of Both Houses No. 6, which seeks amendments to the economic provisions of the 1987 Constitution will be approved by the Senate.
“It’s not an assurance because how can I speak for 23 senators? I can only speak of Sen. Angara, maybe Senate President Juan Miguel Zubiri and Senate President Pro Tempore Loren Legarda because we filed the resolution so we will stand by our resolution,” he pointed out.
“But I cannot assure that our colleagues will not amend it because it’s part of the legislation,” he explained.
Nevertheless, he said the holding of the plebiscite during the 2025 elections would also be a good opportunity for politicians to make known their stand whether or not they are for or against Charter change.