MANILA — The Commission on Elections (Comelec) on Monday said it will halt all proceedings related to the signature drive for amending the 1987 Constitution via people’s initiative (PI).
This includes the Comelec’s acceptance of signatures in their local offices.
In a press conference in Manila, Comelec Chair George Garcia said that the commission has decided to suspend all PI proceedings to make way for reviewing and amendment rules regarding the initiative.
“This is an act of due diligence on the part of Comelec en banc,” Garcia said.
“If we allow the acceptance [of signatures] while knowing there is a problem…we will be blamed,” he continued.
He said that the current rules that the Comelec has relied on regarding PI proceedings, Resolution No. 10650, needs to be updated and enhanced to further expound on how the commission will exercise jurisdiction on any PI petition filed before them.
“These are not ordinary rules; these are rules for changing our Constitution,” the Comelec chair noted, stressing on the gravity of the resolution.
Garcia said the suspension is indefinite until the Comelec comes up with the enhanced and revised rules on PI.
“The Comelec will suspend, in the meantime, everything,” he emphasized.
Last week, Garcia said there may not be enough time for a plebiscite on constitutional amendments once the Comelec starts preparing for next year’s midterm elections.
“We are ready to conduct a plebiscite, but we can’t do it if there’s going to be national and local elections and barangay and Sangguniang Kabataan elections,” Garcia told reporters.
He said all modes of constitutional amendments as provided by the 1987 Constitution — through a constitutional convention, constituent assembly or people’s initiative — will end in a plebiscite.
“[But] the Comelec is very hard-pressed for time. We can’t define any timeline. It depends on when the petition will be filed and what will be filed,” he added.
60 to 90 days
According to the Constitution, the plebiscite for amendments approved through a constituent assembly must be held within 60 to 90 days.
Under Republic Act No. 6735, or the 1989 Initiative and Referendum Act, a plebiscite for amendments through a people’s initiative must be set also within 60 to 90 days — after a 60-day period to verify the signatures on a people’s initiative petition, whose sufficiency in form and substance the poll body must first approve.
Garcia defended the poll body against those questioning its promulgation of guidelines to govern people’s initiative, saying that its authority comes from the Constitution.
Rule-making power
“It’s automatic that if you’re a quasi-judicial, quasi-legislative, or administrative body, rule-making is part of your power. As long as there is a law, we have the power to promulgate implementing rules and regulations,” Garcia said.
Opposition Sen. Aquilino Pimentel III on Thursday questioned the Comelec’s authority to formulate guidelines on the signature sheets submitted by the people’s initiative campaign.
Garcia said the Comelec enacted a resolution as early as 2020 precisely to provide implementing guidelines for RA 6735—particularly on accepting signatures.
“So, where did we get the power? In the Constitution. It is the power to enforce and administer election laws,” he said. (Zeus Legaspi, Jerome Aning © Philippine Daily Inquirer)
