COMELEC has the power to postpone elections under certain circumstances —election law expert
Marje Pelayo • September 25, 2020 • 216
MANILA, Philippines — Under specific circumstances, the Commission of Elections (COMELEC) has the authority or power to delay or postpone the conduct of an election.
This was clarified by election law expert Atty. George Erwin Garcia amid issues on a possible postponement of the 2022 national elections should the coronavirus disease (COVID-19) pandemic persist.
“COMELEC even has the power to postpone the elections or declare failure based on the Omnibus Election Code,” he added citing provisions of the law.
Section 5 of the Omnibus Election Code states: When for any serious cause 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 Commission, motu proprio or upon a verified petition by any interested party, and after due notice and hearing, whereby all interested parties are afforded equal opportunity to be heard, shall postpone the election therein to a date which should be reasonably close to the date of the election not held, suspended or which resulted in a failure to elect but not later than thirty days after the cessation of the cause for such postponement or suspension of the election or failure to elect.
News of a possible postponement of the 2022 election came after Pampanga Representative Mikey Arroyo asked the poll body if it would consider such a move given that the country is currently facing a health crisis.
“No matter how prepared we are, it will cause a serious dent on our health situation. Would you consider it?,” he asked representatives from COMELEC during Congress’ hearing on the agency’s proposed budget on Thursday (September 24).
“Has the thought that you’ll propose to postpone elections, has that ever triggered in your minds?” the lawmaker further asked.
In response, COMELEC Commissioner Sheriff Abas said the postponement of election is beyond the agency’s responsibility.
“I think wala sa call namin sa COMELEC iyan (I think that matter is not COMELEC’s call). It’s the call of both the chambers of the House and the president,” Abas said.
Commenting on the issue, Foreign Affairs Secretary Teddy Locsin claimed that to cancel the election is an act of treason while former COMELEC commissioner Gregorio Larrazabal Sr. said there is no reason to postpone the elections because other countries have been able to conduct it despite the challenges in the middle of the pandemic.
To clarify the matter, Atty. Garcia explained that the elections can be carried out before or after the second week of May as mandated by the Constitution as long as there is a law passed by the Congress.
“Pwede iyang ilipat sa ibang araw man lang o ibang linggo, pwede ngang ibang buwan ilipat (It can be postponed to a later date or week or even month). Bakit (Why)? Kasi ang nakalagay (because it says) ‘as may be provided by law,'” Garcia said.
“But it needs a constitutional amendment if the elections will be done beyond the elected officials’ term,” he added.
Garcia explained that by conducting an election outside or beyond the deadline or the term of office is therefore extending the term of office of the incumbent.
Such a case is prohibited or is not allowed by law, he said, because of what the law calls as hold-over capacity and fixed term of elected officials.
For now, Garcia said, what is important is for the Comelec to prepare for the elections and this includes voter registration. MNP (with reports from Rey Pelayo)
MANILA, Philippines – The Department of the Interior and Local Government (DILG) on Wednesday directed local government units (LGU) to resume their road-clearing operations after more than seven months of suspension due to the coronavirus pandemic.
DILG Secretary Eduardo Año said the resumption of road clearing operations will officially start on November 16, depending on the quarantine classification of LGUs.
LGUs will have about two months or until January 15, 2021 to comply with the directive, he added.
“We hope that the LGUs, despite the COVID-19 pandemic, will show the same enthusiasm and positive results that they were able to achieve last year as we aim for safer and accessible roads free from illegal and potentially hazardous encroachments,” Año said in a statement.
“Despite the January 15 deadline, we wish to remind the LGUs that road-clearing operation is year-long endeavor, kaya kailangan natin ang kanilang commitment at pakikiisa,” he added.
Under DILG Memorandum Circular 2020-145, Año said that the resumption of road-clearing operations will vary, in different degrees, depending on the quarantine classification of a certain area.
Areas under modified general community quarantine (MGCQ) levels should render full implementation of road clearing operations.
Those under general community quarantine (GCQ) will execute the partial implementation of the program while the road-clearing efforts in areas under modified enhanced community quarantine (MECQ) and ECQ will remain suspended.
Early this week, President Rodrigo Duterte placed the entire National Capital Region and other areas of the country under GCQ for the whole month of November with no region in the country placed under the strictest community quarantine classification.
Under the DILG memorandum, road obstructions such as vehicular terminals except in areas designated by the LGUs; vending sites; house encroachments that obstruct the right-of-way; debris, waste materials, and other junked items, among others must be cleared off roadways.
Structures or obstructions erected for locally stranded individuals must also be removed upon return to their intended destination.
Parked ambulance and public emergency vehicles; checkpoints established by IATF, LGUs, PNP, and AFP; and temporary obstructions caused by the establishment of bike lanes, however, are exempted from removal, the DILG said.
Año said that results of road clearing efforts conducted by the LGU will be subjected to validation from January 18 to 22, 2021.
The DILG chief reiterated that LGUs that will fail to comply with the presidential directive will face administrative charges.
In his State of the Nation Address last year, Duterte ordered the DILG and LGUs to reclaim all public roads being used for private ends.
The road clearing operations were suspended in March in line with efforts to contain the spread of COVID-19.
UNTV is a major TV broadcast network with 24-hour programming. An Ultra High Frequency station with strong brand content that appeal to everyone, UNTV is one of the most trusted and successful Philippine networks that guarantees wholesome and quality viewing experience.