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High time for SC to decide if Congress has power to postpone polls —Comelec chair Garcia
By HANA BORDEY,GMA NewsIt is high time for the Supreme Court to rule if the Constitution authorizes Congress to postpone polls, Commission on Elections (Comelec) Chairman George Garcia said Monday.
The Comelec chief made the statement after veteran election lawyer Romulo Macalintal filed a petition with the High Court on Monday challenging the recently signed law postponing the barangay and Sangguniang Kabataan elections (BSKE) from December 2022 to October 2023.
"It’s high time na magkaroon po ng interpretasyon ang Saligang Batas — sadya bang may kapangyarihan ang Kongreso na magpostpone ng eleksyon; number (two), sadya bang kasama sa pagpo-postpone ang Barangay at SK o ito ay limitado lang sa ibang posisyon. Maganda po na merong interpretasyon sa probisyon na ‘yan," Garcia, who is also an election lawyer prior to his appointment, said in a Viber message shared to reporters.
(It is high time to have an interpretation of the Constitution regarding Congress' power to postpone elections. First, does Congress have the power to postpone the elections? Number two, does the power to postpone an election include the Barangay and Sangguniang Kabataan Elections or is it limited to other positions? It is good if there will be an interpretation on that constitutional provision.)
He welcomed Macalintal's petition, saying this will pave the way for a "definitive ruling" which will serve as a basis in the succeeding proposals to postpone an election.
"Subalit magandang development po yung gagawin ni Atty. Macalintal if he will question to the Supreme Court the constitutionality of this law. From now on, kung sakaling magkakaroon ng definitive ruling po ang ating Korte Suprema, sa mga susunod pa na mga pangyayari kung magkaka-[postponement] o reset ang halalan, magiging basehan na po natin yung magiging case na ito," he said.
(This is a good development if Atty. Macalintal will question to the Supreme Court the constitutionality of this law. From now on, if there will be a definitive ruling from the Supreme Court, we will have this as a basis in the next postponements or resetting of any elections.)
In a statement, Comelec spokesperson Rex Laudiangco said the poll body welcomes the petition questioning the constitutionality of the 2022 BSKE's postponement.
"[T]he Supreme Court will be once again given the opportunity to enrich jurisprudence and once-and-for-all, settle the lingering question on the powers of the Legislative and Executive departments of the government in so far as the issue of fixing the terms of Barangay and SK Officials, and in doing so, the power to postpone and re-schedule the elections for such," Laudinagco said.
The Comelec official assured the public that the commission will abide by the law and the wisdom of the Supreme Court.
"If and when the time comes that a definite ruling on this issue is handed down by the Supreme Court, the Comelec is ever ready and duty-bound to comply," he said.
Laudiangco also reiterated that the Comelec is prepared to conduct the elections either in December 2022 or in October 2023 without any public funds wasted.
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"As we have always emphasized before, the Comelec will be ready to conduct the elections in December 2022 pursuant to RA No. 11462 should the Highest Court rule against RA No. 11935, or otherwise hold the BSKE in October 2023 pursuant to the latter, without a single centavo of preparations wasted, true to our word as we endeavor to faithfully fulfill our constitutional mandate," he said.
No power?
Interviewed on Dobol B TV prior to the filing, Macalintal said Congress has no power to postpone the barangay elections and to extend the term of office of the barangay officials.
"Sinasabi namin na wala namang kapangyarihan ang Kongreso na mag-postpone ng eleksyon [we are saying that Congress has no power to postpone the elections],” Macalintal said.
"Bagama’t ang Kongreso ay binigyan ng Saligang Batas ng kapangyarihan na itakda ‘yung panahon ng panunungkulan ng mga barangay officials, sa sandaling maitakda ang panahon na ‘yan, hindi pwedeng ma-extend, hindi puwedeng i-postpone ang isang nakatakdang halalan para lang ma-extend ang term ng barangay officials,” he added.
(Even though Congress was given the power to set the date of the elections for barangay officials, once this is set, this cannot be extended or postponed to extend the term of barangay officials.)
Macalintal's petition, however, does not include the SK elections.
“Sapagkat ang SK elections ay ginawa lamang ‘yan ng Kongreso… sa isang batas. Wala sa Constitution natin ang SK. Kaya ano man ang gawin ng Kongreso, talagang wala tayong magagawa doon,” he said.
(Because the SK elections were made by Congress through a law. It’s not in the Constitution, so they can do whatever they want with it. We can't do anything with it.)
Macalintal said if Congress is empowered to postpone elections, it would remove the authority of the Commission on Elections (Comelec) under existing laws.
According to the new law, all incumbent barangay and SK officials must serve until their successors are elected or they are earlier removed or suspended for cause.
The elected barangay and SK officials' terms of office begin at noon on November 30, 2023.
The next elections will then be held after three years. —KG/RSJ, GMA News