MANILA, Philippines — Noting limitations on their powers, Commission on Elections (Comelec) Chairman George Garcia yesterday reiterated the need to amend election laws, including the Party-List System Act and the Omnibus Election Code.
In an interview with “Storycon” on One News, Garcia noted the numerous Supreme Court (SC) decisions that – in some cases – limit the extent of what the poll body can do to manage elections.
For instance, he cited a previous SC ruling that opened the party-list system to different kinds of groups other than those representing the marginalized and underrepresented sectors.
“The easiest way (to address the issue) is to overhaul the law,” he said in Filipino.
“If you will ask me, the simplest thing that we can do is to define, enumerate the different sectors that should be properly represented (under the party-list system),” he added.
Garcia noted that the 1987 Constitution already identified some of the sectors that should be represented in Congress, including labor, peasant, urban poor, indigenous cultural
communities, women and youth.
But after the transition period, the Comelec chief said it became “free for all.”
“We have to ensure that all sectors are properly represented by the genuine people who really belong to the sectors,” he added.
While the proposed amendments to the party-list system are still pending in Congress, Garcia expressed hope that the SC would be able to further clarify some of the issues, such as the eligibility of those who can be party-list nominees.
He also urged voters to file petitions in case they see nominees who do not truly represent their party-list organization.
The Comelec will publish all certificates of candidacy (COC) and certificates of nomination and acceptance (CONA) of those who intend to run in next year’s midterm elections on their website to give voters an opportunity to assess the candidates.
Comelec spokesperson John Rex Laudiangco announced that they will publish the initial list of candidates by the end of October.
Comelec’s hands tied
Owing to previous rulings that effectively junked the concept of “premature campaigning,” Garcia said their hands are tied regarding the campaign posters and other activities of those who already filed their COCs and CONAs.
An SC decision earlier said that individuals vying for elective posts will only become candidates at the start of the campaign period, which will be on Feb. 11, 2025 for national candidates.
“Personally, we want to insist that once they file their candidacy, they will be considered candidates… But according to the SC, they only become candidates on the first day of the campaign period,” said the Comelec chief.
The SC decision, he said, was based on the provision of the election code.
In terms of campaign paraphernalia, the Comelec chief said they can only start removing those that violate their guidelines starting Jan. 12 next year, the start of the election period.
He said it will be up to the local government units and other agencies to take down these materials before the campaign period, especially those placed in hazardous areas such as electrical wires and posts.
He also noted the previous SC decision that clipped Comelec’s powers to remove election paraphernalia inside private properties.
183 COCs, 155 CONAs
At the end of the period of filing for candidacies, the Comelec received 183 COCs for senator and 155 CONAs for party-list.
“Not everyone are legal or legitimate candidates,” Garcia said, adding that they have the discretion to declare those who make a mockery of the elections as nuisance candidates.
“I will guarantee to everyone on the issue of nuisance (candidates): We will never disqualify a candidate simply because he is poor, simply because he lacks resources to campaign nationwide,” he added.
Garcia also recognized the role of social media during elections, which he said would enable anyone to launch a nationwide campaign without having to physically campaign in far-flung areas.
There is also a previous SC ruling that essentially prohibited the Comelec from declaring candidates with a political party as nuisance candidates, the poll chief said.
On the matter of detained pastor Apollo Quiboloy, Garcia said the question on whether he was really endorsed by a political party does not fall under possible material misrepresentation.
He noted that there are two factions of the Workers and Peasants Party and that they will wait for possible petitions to be filed to the poll body.
Meanwhile, Garcia encouraged all candidates to attend political debates and make people aware of their platforms.
He said the poll body is ready to supervise a series of debates to be organized by media entities for candidates.
“We hope that the candidates are ready to face scrutiny. You did not feel scared when you filed your COCs so you should face the people. This will show the voters that you stand by your principles,” Garcia said.
He also explained that debates should be managed by media entities in accordance with the law.
“The Comelec will just be there to supervise and coordinate with the candidates,” the poll chief noted.
Meanwhile, the Alliance of Concerned Teachers (ACT) has urged lawmakers and concerned government agencies to craft measures that will provide higher honoraria, allowances, benefits and additional legal and security protection for teachers who will serve during the 2025 elections.
ACT spokesperson Vladimir Quetua noted it is “high time” for an increase in the compensation rate of teachers who will serve as the board of election inspectors (BEIs) due to the steep inflation since 2022 and the greater security risks they expect in the upcoming elections.
The teachers’ group also pressed Comelec to ensure the welfare and safety of teachers serving as BEIs “by providing medical services and legal aid and enforcing strengthened security measures as they will be at the frontlines of an anticipated ‘tumultuous’ elections amidst the heated political climate – Elizabeth Marcelo
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