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Commission on Elections Chairman Benjamin S. Abalos today welcomed the report of former Chief Justice Hilario G. Davide, saying that the recommendations advanced by the President’s adviser on electoral reforms sprung from discussions they had. “We had a consultation with the Chief Justice soon after he was appointed adviser to the President, and we discussed structural reforms in the COMELEC that would bring about greater efficiency in the disposition of cases, and greater effectivity in ensuring the credibility of elections,” Abalos said.

Asked to comment on news reports that Davide called for a revamp of the COMELEC, Abalos expressed doubt. “Being a former Chairman of the COMELEC, himself, the Chief Justice knows that Commissioners have fixed terms mandated by the Constitution.”

Article IX, C, Section 1(2) of the 1987 Constitution provides that “the Chairman and the Commissioners (of the Commission on Elections) shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment.”

Abalos added that the six persons allegedly recommended by Davide could possibly just be nominees for the existing vacancies in the COMELEC. “When there is a vacancy to be filled up, the appointing authority should have several names to choose from, hence a list of nominees. But ultimately, it is the President’s prerogative who to appoint.”

In connection with the April 22, 2006 plebiscite to ratify the creation of Barangays Bongbongon and Baloy out of mother Barangays Kauswagan and Tablon  in Cagayan de Oro City and the division of Barangay Poblacion into Barangays Poblacion 1, 2 and 3 in Villanueva, Misamis Oriental , the Commission on Elections (COMELEC) shall implement  in the aforementioned barangays electoral prohibitions such as the carrying of firearms and other deadly weapons, transfer of officers and employees in the Civil Service during the plebiscite period from April 3 to 24.  Campaign period is set from April 3 to April 20, 2006 excluding April 12 to 14.

First of all, I would like to express my sincerest gratitude to Her Excellency, President Gloria Macapagal-Arroyo for giving me another opportunity to be of service to our nation. I would also like to thank the honorable members of the Commission on Appointments, my colleagues in the Commission on Elections, especially Chairman Benjamin S. Abalos, and the members of the senior staff.

I asked for this press conference to clarify some important matters on statements ascribed to me by the media about the issue on people’s initiative. Unfortunately what came out in print and broadcast media gave the impression that the people’s initiative will be a futile exercise because once it is filed, we in the Commission may have no other recourse but to “dismiss” the petition. It should be put on record that my statements yesterday about the issue on people’s initiative is based on that decision of the Supreme Court in the case of Santiago vs. COMELEC. However, the media failed to note that I also said “that decision is not unanimous”, which opens the possibility of the Supreme Court reversing itself or ruling once and for all on the issue of whether Republic Act No. 6735 is an adequate enabling law.

It should be emphasized that I am not an enemy of people’s initiative, nor am I foreclosing any chances for any petition on people’s initiative to be filed. I believe that the provision of the Constitution on people’s initiative is not there for no reason. It serves to highlight the right of the people to directly propose amendments to the Constitution. This is all about genuine democracy at its finest!

Second, contrary to what has been reported by the media, there is no disagreement or divergent views between myself, and the Chairman, Benjamin S. Abalos. We in the Commission are unanimous in saying that as far as initiatory or preparatory steps on people’s initiative is concerned, the COMELEC, as held by the Supreme Court in the landmark case of Santiago vs. COMELEC can do the following:

(1) to prescribe the form of the petition; (2) to issue through its Election Records and Statistics Office a certificate on the total number of registered voters in each legislative district; (3) to assist through its election registrars, in the establishment of signature stations; and (4) to verify, through its lection registrars, the signatures on the basis of the registry of voters, voters’ affidavits, and voters’ identification cards used in the immediately preceding election.’

Therefore, it is beyond cavil that during the gathering of signatures for the people’s initiative, the COMELEC can take an active role in the verification of signatures.

However, as to the issue of whether a petition for people’s initiative once filed in the Commission will prosper is something that will have to be deliberated upon by the Commission as a collegiate body, once a petition is filed with us, we will have to be guided by what the law says in our deliberations.

The Commission on Appointments today confirmed the appointment of COMELEC Commissioner Romeo A. Brawner. The former Court of Appeals Presiding Justice was appointed to replace former Commissioner Virgilio Garcillano for a term of seven (7) years, from September 18, 2005 to February 2, 2011.

The Commission on Appointments, through the Committee on Constitutional Commission and Offices chaired by Senator Alfredo S. Lim, gave a resounding approval to Brawner’s appointment. Lim emphasized that Brawner “performed his work with pride, flying colors and integrity. Indeed he is worthy to be emulated by public servants.”

Brawner’s unblemished service record with the government spans forty-five years. He spent thirty years with the Judiciary, first as a City Judge of Baguio in 1975, as Pangasinan Regional Trial Court (RTC) Judge in 1983, Court of Appeals Associate Justice in 1995 and as Presiding Justice of the Court of Appeals from January 2005 until his retirement in the latter half of 2005.

Lim also expressed his confidence in Brawner’s commitment to public service, saying “Indeed, Commissioner Brawner is expected to give the same undaunted dedication and service he has given to the judiciary to his new home, the COMELEC”

Commission on Elections Commissioner Romeo A. Brawner today clarified that there was no disagreement between the statement attributed to him and Chairman Benjamin S. Abalos’ statement that the COMELEC was prepared to verify signatures that had been gathered to push for charter change.

“The Supreme Court decision in Santiago v. COMELEC clearly said that the COMELEC could not entertain petitions for initiative in the absence of an implementing law,” Brawner explained. “And it also said that before any petition is filed and taken cognizance of by the Commission en banc, the COMELEC can verify, through its election registrars, the signatures on the basis of the registry list of voters, voters’ affidavits, and voters’ identification cards used in the immediately preceding election.”

According to Brawner, Abalos’ statements referred to a point in the process before any initiatory pleading has been filed with the COMELEC. “Verification of signatures is just part of the process of preparing a petition. It is not the petition itself, so the COMELEC can still perform the verification function the way it does with recall elections. But once the petition is filed, that becomes a different matter.”

However, Brawner said, the COMELEC is not foreclosing the possibility of the Supreme Court reversing its decision in Santiago v. COMELEC. “That decision was not unanimous.” This opens the possibility of the Supreme Court reversing its decision and allowing the COMELEC to entertain petitions for initiative.

During Brawner’s confirmation hearing today, Member of the House of Representatives Prospero Pichay asked Brawner for his personal opinion on the issues surrounding the people’s intiaitve. Brawner declined to answer the question “so as not to preempt whatever action the COMELEC may take once the petition is eventually filed before us.”

The Commission on Elections will be holding a Press Conference tomorrow, 29 March 2006, at 10 a.m., at the 8/F Palacio del Gobernador Building.

Topic: Clarifying issues about the people's initiative

COMELEC Chairman Benjamin S. Abalos will be present.

“The Supreme Court was very specific. It said that the COMELEC can take cognizance of a petition for initiative (for charter change) only after the petition is filed. Before the petition is filed, the COMELEC can only prescribe the form of the petition, issue through its Election Records and Statistics Office a certificate on the total number of registered voters in each legislative district; assist, through its election registrars, in the establishment of signature stations; and verify, through its election registrars, the signatures on the basis of the registry list of voters.”

This was Commission on Elections Chairman Benjamin S. Abalos’ statement today, clarifying the extent of COMELEC participation in the preparations for charter change. Abalos was quoting from the March 19, 1997 decision of the Supreme Court in the case of Miriam Defensor-Santiago v. COMELEC. The case involved the People’s Initiative for Reforms, Modernization and Action (PIRMA) movement which had advocated charter change in the waning years of the Presidency of Fidel V. Ramos. In that case, the Supreme Court declared that the COMELEC could not entertain any petition for initiative on amendments to the Constitution until a “sufficient law shall have been validly enacted to provide for the implementation of the system.” In the same decision, the Court scored the legislature by declaring that “Congress should not tarry any longer in complying with the constitutional mandate to provide for the implementation of the right of the people under that system.”

Abalos also emphasized the Constitutional requirement that a petition should bear “at least twelve per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters therein.”

Asked whether a budget had been provided for this activity, Abalos replied that the verification of signatures is part of the COMELEC’s administrative function, undertaken in the regular performance of its duties. “We do signature verification for recall elections as well. This is a similar situation.”

After completing the two-day Voter Education Trainers’ Training Program conducted by the Education and Information Department (EID) of the Commission on Elections (COMELEC) in partnership with the UP League of College Councils (UP-LCC) last February 22 and March 1, 2006, ten student volunteers from the University of the Philippines are scheduled to conduct voter education in several barangays in Quezon City . The two groups of student volunteers together with some COMELEC field officials will conduct community meetings or “pulong-pulongs” in six barangays in District I of Quezon City in coordination with Election Officer Flor de Guia.          

The volunteers were given a chance to speak as resource persons in Barangays UP Campus and Krus na Ligas last March 8 and 11 as part of their training. A total of eighty two residents from the two barangays attended the “pulong-pulong” and they were very pleased that such activity had been conducted in their barangay. They believed that the pulong-pulong was successful in providing information regarding elections and had helped them understand their rights and duties as a voter.    

The trained student volunteers are Almira Bianca Abarca, Alfonso Dulatre Jr., John Joshua Duldulao, Aira Czarina Ferrer, Christopher John Lao, Christine Joy Latosa, Jurist Christiani Macabuhay, Sandra Mae Magalang, Maria Sofia Criselda Poblador and Youssef Kahlil Velasco. The said students took turns in presenting topics about the importance of elections and the why and how of registration. After their presentation, an open forum followed presided by Dir. Milagros I. Desamito of EID wherein the queries of the residents were properly answered.

The COMELEC has issued an Order directing, among others, Manila Mayor Lito Atienza, Presidential Chief of Staff Mike Defensor, and newly appointed Solicitor General Antonio Nachura, to comment on the petition filed by Senate President Franklin M. Drilon, seeking the nullification of the results of the elections, purportedly of a new set of Liberal Party officers, held on the 2nd of March 2006.

The COMELEC Order, dated the 20th of March 2006, requires the respondents to the Drilon petition "to file their answers to the petition within ten days" from receiving notice of the Order.