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20 Marso 2024, Miyerkules

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Comelec cannot conduct Cha-cha plebiscite in 2024 – poll chief

By J.Lo

“In  event that Congress will say  plebiscite and 2025 elections should be separate, we cannot conduct  plebiscite in 2024, definitely,” Commission on Elections Comelec Chairman George Garcia said Comelec cannot conduct  plebiscite for amendment of  1987 Constitution this year.

Comelec would abide by whatever Congress prescribes, Garcia told  Senate committee on electoral reforms and people’s participation chaired by Sen. Imee Marcos at  hearing.

Marcos asked Garcia about the apparently flip-flopping pronouncement on simultaneously conducting the plebiscite for Charter change (Cha-cha) and midterm elections, which is slated for May 12, 2025.

Garcia said  when he was quoted about holding a plebiscite, it was his “personal opinion.”

He added that as far as he is concerned, he “honestly believes” that  plebiscite and  midterm elections “should be done separately,” Garcia said.

“However, I likewise corrected myself and said that it’s up to Congress…we will definitely follow what Congress will say,” he said.

He added if Congress would say  Comelec would have to conduct  plebiscite and  midterm elections simultaneously,  poll body is committed to do it.

In holding  plebiscite and midterm elections simultaneously,  Comelec chief said country could save P13 billion.

Senate Minority Leader Aquilino Pimentel III “filed Senate Bill 2595, An Act Providing for a System of People’s Initiative and Referendum, since  spirit of  law providing plebiscite to ratify amendment to  Constitution must be called for that purpose.”

“With all due respect, my apology, it’s not  commission  flip-flopped; it’s the chair, (who) says, my initial impression was really  plebiscite should be done separately from  midterm elections because  people should be made aware of what is being changed…however it’s up to Congress…if Congress says simultaneous, then  Comelec will implement,” Garcia said.

Under  proposed measure, Pimentel asserted right of the people to directly amend  Constitution could not be exercised unless Congress provides for its implementation through  pertinent law.

“Constitution speaks of  power of  people to propose amendments to  Constitution directly through  system of initiative, upon  petition of at least 12 percent of  total number of registered voters, of which every legislative district must be represented by at least three percent of  total number of registered voters therein… provision, however, is not self-executory,” he said.

He added that Congress passed Republic Act (RA) 6735, or as  Initiative and Referendum Act on Aug. 4, 1989, but  Supreme Court (SC) ruled law shall only pertain to initiative and referendum on national and local laws, ordinances and resolutions.

Pimentel noted that the SC found that RA 6735 is inadequate to cover the system of initiative on amendments to the Constitution and fails to provide sufficient standards for subordinate legislation on the part of the Comelec.

“As a measure to not only fill in the gaps found in RA 6735, but to also update the system of the people’s initiative and referendum to reflect present-day political conditions, it is proper that this bill be introduced as  new measure, rather than  amendment to  existing law,” he said.

He added that proposed measure introduces penal provisions against  commission of prohibited acts connected to  conduct of initiative and referendum.

“Making reference to  punishable acts of  Omnibus Election Code and other election laws, this measure ensures  sanctity of direct democracy just as our election laws ensure  sanctity of  ballot,” he said.

Overarching message officials and members of  House of Representatives as they cautioned their counterparts in  Senate as regards  economic Charter change, whose passage is moving much slower in  Upper Chamber compared to that in  House.

“I really hope and I have faith in  Senate , they are  independent institution… but I really hope that this is not dribble-dribble politics… at the very least,  Filipino voters deserve to know how our senators stand,” Lanao del Norte 1st District Rep. Mohamad Khalid Dimaporo told reporters at  briefing.

Dimaporo,  chairs  House committee on Muslim affairs, laid out timeline by which Senate’s Resolution of Both Houses 6, along with  House’s RBH 7, should be adopted at  soonest time possible, lest these be overtaken by expected turn of events this year.

“We hope it’s not busy-busy kami, we need to know where Sen. Bato dela Rosa stands when it comes to  issue of opening up, how RBH 6 will negatively affect our nationalist ideals,” he said.

The senior administration lawmaker was referring to President Marcos’ third State of the Nation Address (SONA) on July 22, where hearings about  proposed 2025 national budget and the filing of certificates of candidacy (COCs) by October for next year’s midterm elections will commence shortly after.

“Come October, we’ll be filing for our COCs, so we really only have until  SONA to get all of these done as legislators…after  SONA,  circus is in town again and we will be campaigning… urgency is there…we only have one month of work to do,” Dimaporo said.

House Deputy Majority Leader and Iloilo 1st District Rep. Janette Garin also expressed her apprehensions, hoping  senators will still find time to deliberate and approve RBH 6.

Garin said  people’s initiative might be  better option if  Senate fails to approve economic Cha-cha. 

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