De Lima: Comelec may conditionally allow EU observers in polling places

IRIGA CITY, Camarines Sur — The Commission on Elections (Comelec) has the authority to allow foreign election observers inside polling places under certain conditions, election lawyer and former senator Leila de Lima said Saturday.

De Lima, also a former Justice secretary, was responding to the query on her take on the Comelec Chairman George Garcia denying the request of the European Union (EU) Election Observation Mission to be allowed inside polling precincts during election day on May 12, as their presence is not provided by the Omnibus Election Code (OEC).  

"Tama si Chairman Garcia kasi 'pag titignan natin 'yung OEC, limitado [talaga] ang mga nandiyan [sa loob ng presinto]. Botante, and then 'yung mga members of the electoral board and watchers. And in fact, iyong armed personnel ay hindi rin sila dapat naroon sa loob o sa malapit ng presinto. Meron silang particular radius [where they are not allowed], [and] if I'm not mistaken, they should be [outside a] 50-meter radius away from the precinct," De Lima said in a press conference ahead of her market run in Nabua and Baao, Camarines Sur for the last day of the 90-day campaign. De Lima is the first nominee of the ML party-list.

(Chairman Garcia is right because when you look at the OEC, the people allowed inside the precincts are limited. Just the voters, members of the electoral board, and watchers. Even armed personnel are not allowed inside, and are only allowed at a certain distance beyond a 50-meter radius.)

"Now, on foreign observers, they should cite their previous experiences. Kung sinasabi nila na standard [practice] na may foreign observer sa loob ng presinto, puwede silang payagan under certain conditions, guidelines na malinaw, na hindi sila mismo sa loob ng presinto due to the OEC [provisions] na napakalimitado. Puwede [sila payagan ng Comelec] kung gugustuhin, pero dapat, may mga regulasyon rin. They cannot have uninterrupted or unregulated na pagpasok sa mga presinto," de Lima added.

(Now, on foreign observers, they should cite their previous experiences. If it is a standard practice that foreign observers are allowed inside the precincts, then they can allowed under certain conditions and clear guidelines. They can be permitted if they want, but regulations should be in place. They cannot go inside uninterrupted or unregulated.)

De Lima said it remains within Comelec's authority to implement guidelines that will balance the need of the foreign observers to be inside the precinct and the OEC provisions on entry restrictions.

"Tama naman, talagang limitado ang mga dapat nasa loob. But I'm sure, puwedeng ma-justify 'yan ng Comelec as falling within their authority as the overall supervisor ng election process," de Lima added.

(It is correct to say the people allowed inside precincts are limited. But I am sure, the Comelec can justify that this matter is within its authority as the overall supervisor of our election process.)

The OEC's Article 7, Section 52(k) B.2 states that: "Members or units of any citizen group or organization so designated by the Comelec, except its lone duly accredited watcher, will not be allowed to enter any polling place except to vote, and shall, if they so desire, stay in an area at least fifty meters away from the polling place."

On the other hand, Section 19 of the Comelec Resolution 11121 on foreign and domestic election observers for the 2025 national and local polls, as well as the Bangsamoro elections in October, states that poll observers cannot enter any polling place without the consent of the chairman of the Electoral Board concerned.

Garcia, however, has said laws take precedence over Comelec resolutions.

Beyond surveys

Meanwhile, on the last day of the 90-day campaign period for the national candidates on Saturday, De Lima called on voters to look at the competence of the party-list nominees and the rest of the candidates rather than pre-election survey results.

"Ang aking message doon sa mga nag-aalangan na bumoto sa ML is that hindi po masasayang ang boto n'yo kung i-consider ninyong iboto ang ML party list. Hindi po kayo mabibigo (My message for those who are wary to vote for ML: Your vote won't be wasted, we won't let you down). Our nominees have enough competence to do the job of authoring laws, given that it is the job of lawmakers, whether you are in the House of Representatives or in the Senate," De Lima said.

"Iyong pakiusap po natin, huwag po tayong madadala sa kung anuman ‘yung resulta ng surveys. Kailangan po i-boto po ninyo 'yung sa tingin nyo ay karapat-dapat, sa tingin niyo ay makakapag-genuinely o tunay na makaka-represent, tunay na ipaglalaban 'yung mga interest, welfare, at kalagayan at adhikain ng mga marginalized sectors, 'yung mga nasa laylayan. Kami sa ML, sanay na po kami na umaaksyon, sanay na po kami na nagiging seryoso pagdating sa paggawa ng mga makabuluhang batas," de Lima added.

(That is why we appeal to you not to fall for surveys and vote for those who deserve to win, those who genuinely advocate and fight for the marginalized sectors. We in ML are serious in our mission to push for justice and reforms through laws.)

De Lima said two of the priority pieces of legislation that ML wants to push are: granting annual cash gift to indigent senior citizens or those aged 60 and above, and reforming the passage of the proposed national budget at the level of the Bicameral Conference Committee. The panel is composed of House and Senate contingent lawmakers, who reconcile the differing provisions of the House- and Senate-approved proposed national budget.

"Naniniwala po kami na huwag nang hintayin na maging 100 years old para mabigyan ng cash gift. Kasi 'pag 100 years old na, kahit makatanggap ng 100,000, hindi na naman napapakinabangan 'yan ng 100 years old. Ilang-ilang lang tayo na umabot ng gan'un. At most, pinag-aawayan na nga ng mga anak at mga apo ‘yung kanilang P100,000," De Lima said.

(I believe we should not wait for the beneficiary to turn 100 years old before he or she becomes qualified to receive a cash gift. If that individual is already 100 years old, he or she would not be able to maximize the money. Only a few of us reach the age of 100. At most, the children and the grandchildren would squabble over their share.)

"Let’s say we group from 70 to 79, 80 to 99. These age brackets of indigent senior citizens should be given an annual cash amount," De Lima said.

De Lima said indigent seniors aged 70 to 79 years old should receive P25,000 yearly, while those aged 80 to 99 should get P50,000. Those aged 90 to 99 should be given P75,000 annually, then those at 100 years old or above will still receive P100,000 annually.

"We really need to increase the benefits of our seniors and persons with disabilities," De Lima said. — VDV/ GMA Integrated News

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