Bautista admits: Not up to Comelec to postpone elections

While the Commission on Elections is considering the postponement of the May 9 elections, Chairman Andres Bautista said that it is not up to the poll body to make the call.

In an interview following a special en banc meeting on Thursday afternoon, Bautista said the Supreme Court's order for them to print receipt for voters does not qualify under the Omnibus Election Code as a reason for Comelec to move the date of the elections.

"'Yan ang isa sa mga issues na tinitingnan," the poll chief replied when asked about the possibility of postponement. "[Pero] 'yung mga grounds are specific under the Omnibus Election Code at mukhang ang Supreme Court decision ay hindi isa [doon]," he said.

He added: "We will have to get a law."

Under Sec. 5 of the Omnibus Election Code, the poll body, "motu proprio (on its own) or upon a verified petition by any interested party," may postpone the elections under "serious" causes, including:

• violence
• terrorism
• loss or destruction of election paraphernalia or records
• force majeure (unforeseeable circumstances that will stop an event)
• other "analogous causes" that will make holding free, orderly and honest elections "impossible in any political subdivision"

Postponement under such grounds will still have to undergo "due notice and hearing, whereby all interested parties are afforded equal opportunity to be heard."

Under the law, the elections should be held on the second Monday of May.  If postponed, polls must be scheduled "reasonably close to the date of the election not held... but not later than 30 days after the cessation of the cause of postponement."

Derailed timeline

Bautista brought up the possibility after the Supreme Court decision requiring the Comelec to print out voter receipts for the polls, a development that would derail the poll body's timeline for the May polls.

During the interview, Bautista was asked if he could categorically say that elections will still be held on May 9. He did not answer the question.

He later said that they will also look into how long a postponement will be, if it will happen.

When it was pointed out that the Congress is currently on recess, which may make it difficult to secure a law, Bautista said, "As I said, kami, we are very professional. We try to pursue our mandate of holding credible, orderly, honest elections. 'Yun ang amin kumbagang holy grail, pinakapinagtutuunan namin ng pansin."

The poll body will file its appeal on the high tribunal's decision that granted the petition of Bagumbayan-VNP Movement and its chairman, former Sen. Richard Gordon, who is seeking a fresh term in Senate.

Bautista said the Office of the Solicitor General will file the motion for reconsideration for them on Friday.

While it seeks a reversal of the Supreme Court's unanimous stand, the poll body has also begun mapping out adjustments to its timelines.

The en banc is expected to release its resolution soon as a result of its special session on Thursday.

Bautista said this includes an "initial assessment" of the impact of the Supreme Court's order, as well as decisions, including the bidding for supplies, in particular some 1.2 million rolls of thermal paper needed for the 92,509 vote counting machines. —JST, GMA News