ILLEGAL, ILLOGICAL: FLOATER OF 2022 POLL DEFERMENT ON COVID FEAR DRAWS FLAK

THE idea of postponing the May 2022 national elections, on the hypothetical scenario that voters may be too scared to go to the polls with the Covid- 19 pandemic, has drawn flak from poll watchdogs, election experts, senators and a Cabinet secretary.

First of all, the notion of postponing is “not a good sign that the government is doing its job to fight the Covid- 19 pandemic,” veteran election lawyer Romulo Macalintal said on Friday.

The reported call to postpone “runs counter to President Duterte’s claim that the government is doing its best to address the pandemic and his call not to believe the critics of the administration.

Duterte and his allies should be the first to assure our people that the election in 2022 will push through,” he added.

Postponing the elections, floated on Thursday by Pampanga Rep. Mikey Arroyo, is illegal, lawmakers and election watchdogs said.

Foreign Affairs Secretary Teodoro L. Locsin Jr., even described any unjustified deferment as an act of “treason” in a tweet on Thursday.

Locsin, once a three - term member of the House representing Makati Cit y, had cochaired the oversight committee for automated elections asa lawmaker.

For his par t, Macalintal said on Friday: “Our law is very clear that elections could only be postponed in case of violence, terrorism or destruction of poll records which would make it impossible to conduct a clean and credible election. Thus, it is still very premature to think of postponement of polls with about one and a half years before the election.”

He suggested that the government observe closely the November 3 US presidential election taking place despite the pandemic. He noted that “the US is one of those greatly affected by the virus, with close to 7 million confirmed cases of Covid- 19 as of September 22. The Philippine government and its agencies may learn a lot of lessons from the results of the said US polls if ever the voters and the voting are affected by Covid- 19.”

Comelec spokesman Atty. James Jimenez had also frowned on the idea of postponement, and former Comelec commissioner Gregorio Larrazabal wryly noted that people flocking to see the Manila Bay “white sands” do not seem to be the type to be fazed by the virus, especially since elections are a distant 17 months away.

Namfrel weighs in

Mean while , the National Citizens’ Movement for Free Elections on Friday emphasized the importance of holding the 2022 elections as scheduled, as mandated by the Philippine Constitution, despite the pandemic.

Postponing the elections violates the Constitution, contravenes the principle of regularity in the conduct of an election, extends the terms of elected officials without being elected anew, and deprives the electorate of seeking accountability from elected officials through the ballot, Namfrel said.

“While Congressman Arroyo’s concerns are reasonable, preparations are currently being done by the Comelec and other stakeholders to ensure a free, fair, and safe 2022 elections,” Namfrel noted.

Drilon rejects ‘no-el’

Senate Minority Leader Franklin M. Drilon vowed to oppose any plan to postpone the 2022 elections.

“That is par t of a continued effor t at a ‘ no- el’ scenario. The postponement could be a prelude to the main objective of extending the terms of the members of Congress and the elected officials,” Drilon said in an inter view with CNN Philippines on Friday.

Drilon said Comelec cannot postpone a national election without the law being amended.

“The Comelec can only postpone an election in a political subdivision, meaning the provinces, cities or municipalities, as provided for in the Omnibus Elec tion Code,” the former justice secretar y explained.

But even that, he emphasized, there must be a showing that there is a serious cause of postponing the election in a political subdivision 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.

On a theoretical basis, Congress can pass a law to postpone the election, he noted.

“But even if you pass that kind of a law, that will not extend the terms of office of the elected officials. You cannot postpone the election in the hope that your term can be extended. To extend the term you need an amendment to the Constitution,” Drilon said.

“Hence, if we are going to postpone the elections, it cannot be later than June 30, 2022, because we should have a new set of officials by then.”

“Given all these legal limitations, it will be absurd to postpone the elections. Comelec should be able to come up with adaptive and mitigating measures. We will provide Comelec with sufficient funds to set up mitigating measures in case the pandemic lasts until that time,” he said.

Kiko: 2-day voting

TO protect voters from Covid- 19, the Comelec may adopt other means to proceed with the elections in 2022 such as a two- day voting period and bigger voting areas that allow for physical distancing, Sen. Francis “Kiko” Pangilinan said Friday.

Pangilinan, who chairs the Senate Committee on Constitutional Amendments, Revision of Codes and Laws, said canceling the elections is unconstitutional.