Comelec: No snap elections sans law

The Commission on Elections cannot hold snap elections without a law mandating its conduct, poll chief George Erwin Garcia said Monday. 

Interviewed over Super Radyo dzBB, Garcia said there is no current constitutional or legal framework providing for such elections under the 1987 Constitution.

“Sa part ng Comelec, hindi kami makakapag-conduct ng elections o special elections nang walang batas. Kinakailangan may mandato ng batas sapagkat ang katungkulan ni Comelec ay tagapagpatupad ng isang batas sa halalan,” said Garcia.

(For the part of Comelec, we cannot hold an election or special elections without a law. We need a mandate of law because it is our duty to implement a law.)

“Kung walang batas, hindi namin maisasagawa ang ganiyang klaseng halalan,” he added. 

(Without a law, we cannot hold an election.)

The 1987 Constitution provides for fixed term limits for government officials, according to Garcia. He also said in case of permanent disability, death, removal from office or resignation of a high-ranking official, the rule of succession will apply. 

“Mas mabilis ang ganiyan sa parliamentary government. Sa parliamentary government, kapag nagdeclare ang tinatawag na loss of confidence sa gobyerno, magkakaroon sila agad ng halalan upang makapagpalit ng mga pinuno nila,” said Garcia. 

(That can be done swiftly under a parliament. Under a parliamentary government, new leaders can be elected if loss of confidence in the government is declared.)

“Sa atin, walang ganung klaseng provision at hindi ko alam, maaaring Saligang Batas ang babaguhin o kakayanin ng isang batas lang,” he said. 

(There is no such thing in our Constitution and we cannot hold polls without amending the Constitution or passing a law.)

Over the weekend, Senator Alan Peter Cayetano raised the possibility of a snap election for the President, Vice President, Senate, and Congress, with no incumbents allowed to run for one election cycle, citing what he says is the loss of trust in the government.

However, Senate President Vicente "Tito" Sotto III rejected the call, saying the country has “no constitutional nor legal framework for snap elections”.

“We have no Constitutional nor legal framework for snap elections. We will be flirting with uncertainty and chaos. Just my opinion,” he said. 

Other senators weighed in on the proposal including President Pro Tempore Panfilo Lacson who said that the certainty of punishment is the key to restoring public trust in the government and not a snap election.

"For a change, how about certainty of punishment of corrupt politicians? The higher the better," he said.

Senator Erwin Tulfo, for his part, agreed with Cayetano but asked if it is possible at this time. 

"Where will we get the budget? We need to pass a law to fund it. Why not include all elected officials from the President down to councilors," he said

The Philippines just held its midterm elections in May, electing a new set of lawmakers in the Senate and in the House of Representatives, along with leaders of local government units. —AOL, GMA Integrated News