Comelec, PNP, AFP officials back proposed halting of barangay, SK polls in Negros Oriental

The Commission on Elections and officials from the Philippine National Police and Armed Forces of the Philippines on Wednesday expressed support to the proposed postponement of the 2023 Barangay and Sangguninang Kabataan Elections (BSKE) in Negros Oriental amid the spate of political killings in the province.

At the resumption of the Senate probe into the killing of Negros Oriental Governor Roel Degamo, Comelec chairperson George Garcia said the poll body is “very supportive” of Senetor Francis Tolentino’s proposal to defer the BSKE in the province, but he raised some legal issues that may hound the postponement.

Garcia said the Comelec has the powers to order the postponement of the elections in case of violence, terrorism, insurrection, or rebellion 30 days from the cessation of the reason for postponement  but not later than 90 days.

However, Garcia said the law is not clear with regards to the period when the ground for the postponement should happen before they can order a postponement of polls.

“Ang problema, kailan po dapat nag-eexist ang grounds na ‘yan? Pwede po bang nag-eexist ang grounds na ‘yan several months before the conduct of elections? Hindi po naging maliwanag ‘yon. Pagka po in-interpret ng ibang lawyers, dapat nangyari [sa] election period, malapit sa elections… We will admit that is an open issue, that is still subject to interpretation and the Comelec we also admit can interpret it either way,” Garcia said

Apart from this, Garcia said the law must be clear in terms of the holdover capacity of the incumbent barangay and SK officials should the BSKE polls is postponed in Negros Oriental.

“’Yung holdover capacity, wala po sa kapangyarihan ng Commission on Elections. The Constitution under Article 10, Section 8, specifically provides that the term of office of local officials shall be three years except barangay officials…That should be properly taken care of by a particular law… Of course, the President can say that we can extend it [their terms] but to our understanding, there should be a presence of the law,” he explained.

While Tolentino acknowledged that there are “grey areas” in postponing the BSKE, the senator said that the law moving the village and youth council polls from December 5, 2022 to October 30,2023 included a provision allowing the incumbent officials to hold office until new individuals are elected.

As he expressed support for Tolentino’s proposal, Garcia said they will conduct several hearings in different localities in Negros Oriental as Rule 26 of the Comelec Rules of Procedure provides that the parties involved in the postponement should be given due process.

“We are going to conduct the hearing in all municipalities and barangays of Negros [Oriental] kasi may posibilidad na ang barangay d’yan ayaw ng postponement, may posibilidad na may municipality d’yan na ayaw ng postponement. So there should be proper hearing,” he said.

“We commit that we will immedately conduct this hearing so during the start of the election period which is August 28…then perhaps whatever the decision of the Comelec-- we can do that either second week of September or the third week September whether to postpone or not to postpone the election in the entire province of Negros [Oriental],” he added.

Apart from the Comelec, PNP Region VII Director Anthony Aberin also expressed support to the proposed postponement of the BSKE in the province so the police force can focus on the conduct of elections.

“’Yung concentration, ‘yung agam-agam po ng community sa Negros Oriental ay mawala at full force ng Region VII is kung ma-postpone, makakapag-concentrate sa Region VII para ma-sure po na magkaroon tayo ng peaceful and secured barangay elections sa Negros Oriental,” Aberin said.

The same position was relayed by Negros Oriental Army chief Brigadier General Leonardo Peña, stressing that they need more troops to ensure that the elections will be peaceful in all 557 barangays in the province.

Currently, Peña said there is already a big number of military forces in Negros Oriental to handle the security situation.

“With 557 barangays of Negros Oriental, I think more troops would be needed to really secure these barangays…Mas maganda po sana ‘yung may postponement so we can also request for additional forces coming from the other areas para mabantayan po talaga natin itong 557 barangays na maging peaceful po ang pag-conduct ng barangay elections,” he said.

Meanwhile, Senator Ronald “Bato” dela Rosa said he is inclined to recommend to the poll body to put the province under Comelec control.

“Hearing all the testimony of our resource persons, I am inclined to recommend to the Comelec placing Negros Oriental under Comelec control…to see to it na walang mamatay dahil ang dami ko nang naririnig na patayan. Since 2011 pa ‘yang patayan d’yan. Hanggang ngayon merong namamatay,” Dela Rosa said. — RSJ, GMA Integrated News