By Hannah L. Torregoza***
Senators Panfilo Lacson and Franklin Drilon on Friday thumbed down proposals to postpone or extend the 2022 national elections, saying doing so is a violation of the Constitution.
Any discussion or debate on this issue brought up by some groups, according to Lacson, is an exercise in futility, if not a waste of time and energy.
“Just so it is clear, cancelling or postponing the election to pave the way for the extension of the terms of office of the President, Vice-President, 12 senators, district representatives as well as elected local government officials beyond June 30, 2022 is a clear violation of the Constitution,” Lacson said in a statement.
Lacson, likewise, reminded the Commission on Elections (Comelec) that extending the May 2022 elections a day or two before or after the dates specified under the Constitution may face a constitutional challenge before the Supreme Court.
\“This is not to mention valid issues and concerns involving the security of the secrecy and sanctity of the ballot as also provided under the 1987 Constitution, as trending may occur if the ballots are not properly safeguarded,” he said.
He said the Constitution explicitly provides that the election for the members of Congress and local positions – except for barangay officials – occur every second Monday of every third year and that presidential and vice presidential elections occur every second Monday of May every sixth year.
Also under the Constitution, Lacson pointed out “elected officials, except those at the barangay level, start (and end) their terms of office on 30 June of the election year.”
Drilon, on his part, said postponing the national elections is part of a continued effort of some groups to ensure a “no-elections” scenario in the May 2022 polls.
“I am not surprised. This is the continued effort at a ‘no-el’ scenario,” Drilon said in an interview on CNN Philippines.
“The postponement could be a prelude to the main objective of extending the terms of members of the members of Congress and the elected officials. That is not feasible,” Drilon stressed.
Drilon, a former justice secretary, stressed the Comelec cannot postpone the holding of a national elections without the law being amended.
“Even if you postpone the election, the terms of the elected officials are set in the Constitution. Unless you amend the Constitution, you cannot extend the term of officials,” he said.
The senator also pointed out that though Congress can “theoretically” pass a law postponing the 2022 election, it would not extend the terms of office of the elected officials.
“You have to amend the Constitution. That is why there is always an effort to amend the Constitution because of the term limit…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,” he explained.
Meantime, Senator Imee Marcos, chairwoman of the Senate electoral reforms and people’s participation committee, stressed the need to proceed with the scheduled 2022 national elections.
Marcos pointed out that several countries have conducted elections during the current COVID-19 pandemic such as South Korea, Taiwan, Belarus, Singapore, Iceland, Poland and, in November, the United States.
“However, we should explore all possible scenarios: the three-day in-person recommendation of Comelec, expanded early voting, mail-in ballots and, even in select cases, livestream online voting,’’ she said.
“No doubt there are issues with every mode of voting, but the voice of the people must be heard,’’ she added.
Pampanga Representative Mikey Arroyo had earlier urged the Comelec to consider postponing the 2022 elections as voters are afraid of the COVID-19 pandemic.
But Comelec chairman Sheriff Abas acknowledged it is up to Congress and President Duterte to decide whether or not to postpone the scheduled polls.
Abas said the poll body is looking at South Korea and the United States’ best practices on how to keep the elections safe during a pandemic. (With a report from Mario B. Casayuran)
