25/01/2025
Chairman Garcia tackles political violence, Comelec preparations for May 12, 2025
SAN JUAN CITY -- Political violence and the preparations of the Commission on Elections (Comelec) for the upcoming May 12, 2025 national and local elections (NLE) were tackled by Commission on Elections (Comelec) Chairman George Erwin Garcia in "The Agenda" Media Forum on Friday (Jan. 24) here at the Club Filipino.
Among others, the 716 incidents of political violence in the rural areas were cited during the conduct of elections.
In “The Agenda” hosted by Pastor Galvez, Comelec Chairman George Erwin Garcia said that the scenarios now happening are expected and not new.
In fact, during the past elections, those who were disqualified appealed before the Supreme Court (SC) and fortunately they were able to obtain a temporary restraining order (TRO) from the highest court of the land.
The Supreme Court depends on the trust of the public. Hence, we are calling on the Philippine National Police Chief Gen. Rommel Francisco Marbil to as much as possible eliminate the private armed groups before the conduct of the May 12, 2025 national and local elections.
Garcia noted that the private armed groups are the ones causing violence in the conduct of peace and orderly elections.
“Vote buying, vote buying, vote buying is the cancer of the society,” Garcia said.
“Vote buying and vote selling are one and the same. It takes two to tango,” he added.
The Comelec chief stressed that if the electorate would just allow the election into office of candidates through vote buying or vote selling will in the end just take back what they had spent in the elections.
The human resources of the Comelec should be harnessed in order to have the highest regard to the institution through their impeccable integrity.
There is still the law which says that the money should not be used to buy votes. The Comelec should balance everything, noting that “equal opportunity for all”.
The Comelec cannot do otherwise, but comply with the ruling of the Supreme Court.
960 pages revision in the Omnibus Election Code was proposed by the Comelec before the 19th Congress, saying that only Congress can legislate laws and the Comelec just implement the same.
For the candidates, if you sign in the covenant for the conduct of a peaceful and orderly elections in the May 12, 2025 elections, you should by all means abide by what you have committed in the covenant.
In the end, it has become part of the culture because we are allowing it, adding that, voters education should begin in the basic education on how to properly elect and the Comelec is just mandated to ensure that right of suffrage is availed of by the citizens.
Garcia noted that the children were the ones used to distribute campaign materials because they have no “criminal liability” in doing so.
It is part of a legal process where a “presumption of legality” is such that a disqualification of a candidate or declaration of a nuisance candidate is within the mandate of the Comelec.
Garcia pointed out that a disqualified candidate can appeal before the Supreme Court in order to seek for a TRO, but it does not necessarily mean that the Comelec has done wrong.
He assured that the Comelec would not be the first to disobey with the order of the Supreme Court when it comes to the issuance of a TRO to a previously disqualified candidate.
Comelec would not have second thoughts in disqualifying a candidate as a “nuisance candidate” which is provided for in Section 69 of the Omnibus Election Code.
Garcia cited the case of Negros Oriental Gov. Degamo, who was able to seek for a re-election in the previous election, but was later declared as a “nuisance candidate” with finality by the Supreme Court in its ruling.
More or less, we have finished the declaration of “nuisance candidates” last November 30, 2024, hence, we were able to disqualify 117 out of the 183 senatorial candidates, therefore, only 67 senatorial candidates now remained in the official list of candidates for the May 12, 2025 mid-term elections.
“We enhance democracy through modern technology. We have the monitoring system with the PNP. We are also using the AI (Artificial Intelligence), but it should not be used for misinformation and disinformation or fake news,” Garcia said.
If it (AI) is something that destroys the credibility of the election process, it would redound to undermining the electoral process.
Remember, the Comelec would always welcome opinions, commentaries. Even the public can criticize the Comelec, therefore it is a ‘symbiotic’ relationship such that “you scratch my back, I’ll scratch yours.”
“The party system is very important. It is evolving. We have a multi-party system such that their members should see to it that they comply with the by-laws and rules and regulations of each party.”
“The political dynasty… I personally am against political dynasty. There should be a proper definition of a political dynasty,” Garcia said.
He cited that in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) there is a prohibition in the political dynasty up to the second degree of consanguinity or affinity, at least in the Sangguniang Kabataan (SK) elections.
There should be a revision of the 1985 Omnibus Election Code, which is already “Jurassic” in the sense that it has been enacted into law during the Batasang Pambansa.
“Personally, I would not allow ‘Oplan Katok’, because there might be abuses to be committed by the law enforcers. There should be equality opportunity for all,” Garcia said.
“Initially, what transpired in Sumisip, Basilan, based on the report of the Philippine National Police (PNP), was not an election-related incident,” he added.
The Comelec, through the PNP, would again issue the classification of an election hot spot whether “red”, “orange”, or “green” and the Comelec has the “final say” on the recommendation to be submitted by the PNP.
The PNP and the Armed Forces of the Philippines (AFP) are deputized by the Comelec in order to fully enforce the election gun ban nationwide.
With the limited resources of the Comelec, it has collaborated with the DICT (Department of Information and Communications Technology) and by next week, the Comelec will sign a memorandum of agreement (MOA) with the National Telecommunications Commission (NTC) pertaining to the International Mobile Subscription device as well as the proliferation of vote-buying or vote selling through the use of apps.
The Comelec will be launching the Committee on “Kontra Bigay” the soonest time possible.
Section 76 of the Omnibus Election Code mandates the Comelec to accept the Certificate of Candidacy (COC) of an election candidate, and it has no power “moto proprio” to cancel such a COC.
The letter “B” instead of the letter “R” of a senatorial candidate has been used since 2013 because of a ruling of a Regional Trial Court.
Since the filing of the COC in the local elections on Oct. 1-8, 2024, several local candidates have already withdrawn their respective COCs.
Garcia stressed “we can never go wrong if we follow the law. We should follow the rule of law.”
The DILG (Department of the Interior and Local Government) has the jurisdiction and power to discipline the duly-elected local officials.
Garcia noted that an elective official is not deemed resigned upon filing of his COC, but the appointive official is considered as resigned upon filing of his COC.
An aspirant is not considered as a candidate upon filing of his COC, but during the first day of the election campaign.
With the issuance of TRO by the Comelec in favor of four local candidates and one national candidate, the Comelec immediately suspend the printing of the official ballots for the May 12, 2025 national and local elections.
“We will resume the printing of the ballots by Monday (Jan. 27) at all cost,” Garcia said.
The Comelec will have to print 72 million ballots, or 1.5 million ballots a day, to be used in the May 12, 2025 mid-term elections.
He added that the Comelec has ordered an investigation into the alleged issue of “flying voters” in Cabanatuan City, Nueva Ecija.
The Comelec chief cited that “Sabile vs. Comelec” case states that the ‘Barangay Certification’ is a strong piece of evidence as a proof of barangay residence.
Garcia expounded that the voters of the 10 EMBO (Enlisted Military Barrios), who were formerly with Makati City, are now voters in Taguig City as they have already exercised their right of suffrage during the SK elections.
“You always tell the truth. You don’t have to think, just tell the truth. We have to prove that we are a mature people,” Garcia said.
“Bumoto nang tama at huwag iboto ang may tama (Vote wisely and never vote those with problem),” he added.
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