‘No-el’ in 2019 possible – Sotto
In an apparent about-face, Senate President Vicente Sotto III said a “no-el” or no-election scenario might happen in 2019 to prioritize the discussions on the government’s shift to a federal system.
Sotto retracted Thursday his stand on the idea pushed by House Speaker Pantaleon Alvarez to postpone the May, 2019 midterm elections to pave way for the review of the proposed draft federal constitution and the smooth transition to federalism.
In a briefing with reporters following the Consultative Committee’s (Con-Com) turnover of its draft federal charter to the Senate, Sotto said the 1987 Constitution need not be amended to defer the national elections.
“I would like to apologize, that indeed what I mentioned earlier, Article 6, Section 8 of the Constitution says that the regular election for senators and members of the House of Representatives shall be held on the second Monday of May, but I forgot there was a liner for that: ‘Unless otherwise provided for by law,’” Sotto said.
“Therefore, we do not need a plebiscite to postpone the elections. A law, by both houses of Congress, may be able to postpone (the elections). So I stand corrected,” he said.
Asked if the Senate would approve a measure that would postpone the elections, Sotto answered: “Possible, if it is indeed necessary.”
“Kung gusto talaga naming magawa kaagad, siguro
‘yon ang kailangan (If we want to work on federalism as soon as possible, maybe that is what we have to do),” he added.
Sotto, however, clarified that members of the Upper Chamber have to agree with it. He said they are yet to discuss and review the ConCom’s proposed constitution. He also noted that they have to settle issues on how to vote on Chacha.
Anyway, he said the shift to federalism can still push through even with the conduct of the 2019 elections. He said he is “hopeful” that they will be able to discuss the Duterte administration’s federalism platform within this year. ‘Law applies to date, only’ While he has yet to receive a copy of the draft charter, Senator Francis Escudero, thumbed down the deferment of the midterm polls as he maintained that it requires the amendment of the 1987 Constitution.
In a separate press briefing also Thursday, Escudero, a lawyer, raised doubts on how proponents of the “no-el” scenario would be able to make it possible, even with an enabling law.
“I believe that you cannot legislate that because it is clear in the Constitution that the term of a congressman is three years and there should have an election every three years,” he said in Filipino, citing also Article 6 of the present charter.
“Senators have a six-year term, and there should have an election every three years for the 12 members of Senate,” he added.
Escudero argued that the national and local election is not the same as barangay election which may be held off by law, like what was approved previously.
The condition Sotto had stated, according to Escudero, only applies to the date which the election should be held. Term limits cannot be changed by legislation, he said.
Aside from Escudero, Sen. Grace Poe also opposed plans to cancel the May, 2019 elections as she expressed confidence that the Senate, and the public, will not approve such a move.
“The Constitution specifically states when we are going to have the elections and 2019 is certainly an election year. You can probably amend the Constitution but even if you do, you need the Senate vote,” Poe said in a television interview Thursday.
“There’s the Senate that he has to deal with,” she maintained, referring to Alvarez.
Senator Joseph Victor “JV” Ejercito said that though he stands to benefit from the proposal he doubts that Filipinos would accept a possible postponement.
“Though I stand to benefit from the no election proposal being a re-electionist, elections are referendum of public officials,” Ejercito said in a text message to reporters. “People look forward to electing their leaders. Will be very hard to justify postponement,” he added.
Comelec focused on polls Despite talks of a possible no-el, the Commission on Elections (Comelec) said it remains focused in preparing for the conduct of the midterm polls.
“The institution remains focused on the task at hand: preparing for the 2019 National and Local Elections, scheduled for May 2019,” Comelec Spokesman James Jimenez said in an interview.
Besides, he said Alvarez has not actually or formally initiated any action to postpone the 2019 polls.
Days before, Jimenez reminded those who want to vote in next year’s polls to register.
“The elections is near. I think some people tend to forget that we are less than a year away from the 2019 polls. In fact, we expect in less than four months we will have the filing of certificate of candidacy,” he said in a forum in Manila.
Palace: Polls in 2019
Malacañang said the 2019 midterm elections would push through as scheduled unless a new Constitution is ratified early.
Presidential Spokesman Harry Roque maintained that the President is duty-bound to implement the country’s laws mandating the holding of elections every three years.
Roque issued the statement after House Speaker Pantaleon Alvarez raised a possible no-election scenario for a smooth transition to a federal system.
“Ang Presidente po ang tagapagpatupad ng ating Saligang Batas. Hanggang hindi po mababago ang petsa ng halalan na nakasaad sa ating Saligang Batas, ipatutupad po ‘yan ng Presidente – matutuloy po ang eleksiyon ng 2019 (The President is the implementor of the Constitution. While the date of the elections is not changed in the Constitution, the President will implement it. The 2019 elections in will push through)," Roque said during a Palace press briefing.
He said that the only possibility of a no-el is if the proposed new constitution is ratified early in which case, the 1987 Constitution would cease to have legal effect.
“Pero habang wala pa pong bagong Saligang Batas sisiguraduhin po ng Presidente magkaka-eleksiyon (But while there is no new Constitution, the President will ensure there will be elections),” he added. (With reports from Hannah L. Torregoza, Genalyn D. Kabiling, and Leslie Ann G. Aquino)