Kinumpirma ng Commission on Elections (Comelec) na nakatanggap na sila ng mga pirma para sa “People’s Initiative” kaugnay sa isinusulong na pag-amyenda sa 1987 Constitution o Charter Change (Cha-cha).
Itinanggi naman ni Comelec Chairperson Atty. George Erwin Garcia na gagamitin ng kanilang ahensya ang dagdag na P12 bilyon sa kanilang 2024 budget para sa isang plebisito para maituloy ang Cha-cha.
Ang magiging papel ng Comelec sa isinusulong na Cha-cha at iba’t ibang isyung kinakaharap ng kanilang ahensya, alamin sa kanyang buong panayam sa #TheMangahasInterviews
Itinanggi naman ni Comelec Chairperson Atty. George Erwin Garcia na gagamitin ng kanilang ahensya ang dagdag na P12 bilyon sa kanilang 2024 budget para sa isang plebisito para maituloy ang Cha-cha.
Ang magiging papel ng Comelec sa isinusulong na Cha-cha at iba’t ibang isyung kinakaharap ng kanilang ahensya, alamin sa kanyang buong panayam sa #TheMangahasInterviews
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NewsTranscript
00:00:00 [Music]
00:00:05 Is the Charter Change still ongoing this year?
00:00:09 There are many issues to be faced and preparations to be made,
00:00:14 according to Comelic Chairman George Erwin Garcia.
00:00:18 Our guest,
00:00:19 I think this is the flavor of the month guest because of the Charter Change,
00:00:25 Comelic Chairman George Erwin Garcia.
00:00:29 What is really happening here in Chacha?
00:00:32 Good day, Chair.
00:00:34 Good day, Ma'am Malu and good day to our viewers.
00:00:36 I thought it was the flavor of the month again.
00:00:38 Yes, it's always the same.
00:00:41 Okay, tell us,
00:00:44 what are the signatures you received?
00:00:47 750+ cities and municipalities,
00:00:50 but there are no petitions yet.
00:00:52 What is the score?
00:00:54 Today, there are more or less 800 municipalities and cities
00:01:01 and more than 100 districts are involved.
00:01:05 All the districts in the Philippines are 253.
00:01:08 So whoever is the proponent and the one pursuing the People's Initiative,
00:01:12 they need to get 253 districts to get 3 percent of the signatures.
00:01:19 You know, that process is right.
00:01:22 Even though there are no formal petitions filed in Comelic,
00:01:25 based on our guidelines,
00:01:27 the signatures collected in each city or town
00:01:31 should be submitted to our local Comelic.
00:01:35 Our local Comelic will count the signatures in the signature forms.
00:01:39 If the proponent said that they have five thousand signatures submitted to this city or municipal election officer,
00:01:47 our election officer will look at the signatures and if they are really five thousand,
00:01:50 and if he's content with the five thousand without yet verifying the signatures,
00:01:55 there's no verification that it will happen,
00:01:58 he will issue a certification.
00:02:01 He will issue a certification on how many signatures and number of forms he received.
00:02:07 It's likely that the certifications that the proponent received in the Philippines,
00:02:12 in each district, will be annexed by their petition.
00:02:17 That's the situation. There will not be a sufficiency in form and in substance of the petition
00:02:24 if the certification that they received is not in our local Comelic.
00:02:28 So technically, the Commission on Elections does not have a jurisdiction.
00:02:33 All right. Now in total, 253 congressional districts, 3 percent of all voters in each district.
00:02:41 We have 149 cities and 1,450 plus municipalities.
00:02:48 It means that only half of the votes will be submitted to you.
00:02:52 More or less, less than half of the 253 votes will be submitted to each district.
00:02:59 But the number of cities and municipalities is around 800.
00:03:04 Why? There's a possibility of a mistake.
00:03:07 What they're doing is, for example, in one city or district,
00:03:12 there are 10 cities and 1 district.
00:03:15 There's a possibility that the proponent only concentrated in one city or district,
00:03:20 and did not include other cities there.
00:03:22 The Constitution of the Constitution says 3 percent per legislative district,
00:03:27 not 3 percent per municipality or city.
00:03:31 So 3 percent is too small. If 250,000 registered voters, that's around 7,500.
00:03:37 So there's a possibility that their strategy is only for one city and not for other cities.
00:03:43 That's why the municipalities and cities are not that many.
00:03:48 So currently, it's correct and we cannot determine if the first city or district to be submitted to us is their 3 percent.
00:03:57 There's a possibility that the citizens within the district will still submit additional signatures to that district.
00:04:06 Okay. Chair, your rule is that there should be no government or government officials behind this signature.
00:04:16 Who are they? Who is behind the signature and how did they have the capacity for this extensive operation?
00:04:23 I think there's a promise of assistance if they will be signed.
00:04:28 You're right. We have the Cominec Resolution 10650, which was promulgated in 2020.
00:04:34 In that resolution, in section 16, it states that public funds are prohibited, especially if it will be used to distribute signatures.
00:04:43 But we admit that those who will be signed, especially those who have high positions,
00:04:49 are surely behind the signature and they will not face and will not be affected.
00:04:52 It's also certain that if a petition is filed against us, it's not their names that are included.
00:04:59 But if there are accusations and allegations, especially in the use of the country's funds,
00:05:03 number one, if this is a public fund, it's used, it's under the jurisdiction of the Office of the Ombudsman.
00:05:09 We don't have a signature buying case at the moment.
00:05:13 We have vote buying. Vote buying will only be included if it's already an election period.
00:05:18 If there's no election period, we don't receive formal petitions from them.
00:05:23 If the local officials are using it, especially in the barangay, the jurisdiction is the DILG, not the Commission of Elections.
00:05:33 Even though, we will verify the signatures, if we will reach that point, we will be involved in that later,
00:05:41 we can exclude signatures simply because there's a proof that A, B, and D are receiving money from that public fund,
00:05:53 or if it's private, so that they can sign, they can use it to remove the signature of that person.
00:06:00 All right. Now Comelec, sir our problem with the Santiago v. Comelec 1997 ruling is that there's no law yet that determines how the People's Initiative will be formed.
00:06:14 Are you the one who will be the first to do the things that have signatures, there's no law to govern the People's Initiative?
00:06:21 Although ma'am, I have a personal opinion on that. I don't want to preempt it because later on, that will be the issue when it's passed.
00:06:29 But that's a wrong decision. It's better for our countrymen to see it. Maybe they have time to see it.
00:06:37 You're right in your point. The Santiago v. Comelec, that's why it was dismissed, the Supreme Court said there's no law.
00:06:43 The Republic Act 6735, the initiative, the referendum law of that time, the author of that, Senator Raul Rojo,
00:06:51 is not a sufficient law to amend the Constitution through the People's Initiative.
00:06:57 That's why in 2006, there's another case, the case of Lambino v. Comelec. The case of Lambino was dismissed not because of the lack of law.
00:07:07 We were wondering why it was dismissed. Because it was said that 6735, it hasn't been amended yet, it hasn't been amended.
00:07:15 At that time, 6735 was still there. The case of Lambino was dismissed because the signatories made supporting petitioners.
00:07:23 The Supreme Court said they should be the main petitioners. So where's the lack of law?
00:07:29 Mr. Lambino filed a motion for reconsideration. In the motion for reconsideration, it was stated in the last part that the Supreme Court
00:07:39 said that there are 10 magistrates who said that the Republic Act 6735 is a sufficient law to amend the Constitution through the People's Initiative.
00:07:50 We can include that in the commission's disposition later on, when we determine the sufficiency in form and substance.
00:07:59 We just want to emphasize that the work of Comelec, from the acceptance of signatures until later on, in accepting the petition is purely ministerial.
00:08:09 We have no discretion in all of those things.
00:08:13 But sir, the case of Lambino v. Comelec, according to other lawyers and case digest, was not revisited or revised.
00:08:23 In fact, there can be a plebiscite on national issues, but not on constitutional amendment.
00:08:30 Please clarify that. Is it like we're stretching the Lambino v. Comelec ruling of the Supreme Court?
00:08:37 That's the good thing, that it can be revisited and that's the legal issue that the Supreme Court will resolve later on.
00:08:45 Whatever the disposition of Comelec, for example, we did not approach the petition, there will be people who will bring it to the Supreme Court
00:08:53 to question and say that's the right law. This is the right time to settle once and for all.
00:08:59 But the Supreme Court reversed the case of Lambino. The Supreme Court said that there is a sufficient law, that's Republic Act 6735.
00:09:08 That's the legal issue that to a certain extent, at least someone will bring it to the Supreme Court to settle once and for all.
00:09:16 Okay. Sir let's go back to the back story. There will be a plebiscite and a fund will be provided, the 12 billion pesos that you were added for conduct of plebiscites, referendum, etc.
00:09:29 That's 13 billion pesos, not just 12 billion. It's possible that the amount of the referendum recall initiative and other election preparation
00:09:39 and 1 item of 1 billion pesos for the preparatory national and local election. That's true. We did not ask for 12 billion pesos,
00:09:47 especially in a people's initiative because there's no people's initiative that we're talking about when we propose a budget.
00:09:53 The truth is, if we put it in the right perspective, the COMELEC reduced 17.4 billion pesos when we defended the budget in our Executive Department.
00:10:04 That 17.4 billion pesos is really a lot for the preparation of national and local election. It's really a lot if the spending is one year before the election.
00:10:14 We removed our item for voter's education and information, we also removed the IT equipment that is needed for the preparation of the election.
00:10:23 We also removed the budget for internet voting, which we want to continue the internet voting.
00:10:30 When we were in the House, we kept asking for the people's sympathy to be returned. Unfortunately, no one was returned.
00:10:36 When it came to the Senate, unfortunately, no one was returned. When it came to the bicameral conference committee, we're not participants,
00:10:43 we have no participation in that. When we signed the general appropriation for 2024, we suddenly had a budget of 12 billion pesos for the item I mentioned and 1 billion pesos for the PNLE.
00:10:57 That's why many are wondering and many are complaining because it was returned to us, but not to the items that were removed, if not to the new item that was there.
00:11:10 But in our part, we don't care where that item went. We will use it for the national and local election of 2025.
00:11:19 That's the reason why last week, when we learned that we have a budget increase, we immediately asked our people here to ask what allocation we will put in those money,
00:11:35 first in the first quarter, what we need to take, what items were removed and we will return those items.
00:11:42 Again, we are not talking about people's initiative or plebiscite because again, they will not get the item that is not intended for that.
00:11:51 All right. So it means that you will insist that the PNLE is a constitutionally financially independent agency because you are a constitutional body.
00:12:00 So even if the Congress says that we put 12 billion pesos for plebiscite, for chacha, you will have your own discretion where you want to allocate those funds?
00:12:11 Yes. That's called fiscal autonomy and that is without disrespect to other agencies of our government.
00:12:19 Of course, the Common Law knows how we will spend those funds based on our plan, especially that not only in May 2025,
00:12:30 the national and local elections will be held. The Common Law will conduct the barangay and SK elections five months later.
00:12:36 Those are two simultaneous elections that we will hold. Again, it's the first time that such a big election will be held in just one year,
00:12:45 and that's just a few months. Therefore, it's a big expense. In a plebiscite, more or less 13 billion pesos is spent.
00:12:53 Maybe that's why they thought that they will use that for the plebiscite.
00:12:57 If we are forced to conduct a plebiscite in a people's initiative or any kind of mode of changing the Constitution,
00:13:05 we should be given an additional budget for that. But this is for other reasons.
00:13:10 That's in the mind of the Comelec and that has a purpose. For example, we were zeroed in overtime.
00:13:18 We were not given a budget for overtime in PNLE. Therefore, we will get the budget that was given to us for overtime
00:13:26 of our people in the whole country. That's a lot, six thousand will have overtime due to the preparation.
00:13:32 Remember, we will start the registration of voters on February 12 until September 13. We will spend a lot.
00:13:40 That includes the deployment. Our deployment is zeroed. Later on, the machines and election paraphernalia,
00:13:46 that cannot be zeroed. That's almost two billion, the deployment. We will return those items.
00:13:54 Whatever others mentioned, of course, the Comelec will always insist on our fiscal autonomy.
00:14:01 It's wrong to get information, especially from Congressman Saldi.
00:14:09 Okay. So you will insist on your fiscal autonomy. But the problem is, you said that if they want to have a plebiscite for chacha,
00:14:18 you need to add funds. That's the only way for that. How much will that amount to?
00:14:24 That's 13 billion, ma'am Malu. Because the voters are not only our countrymen here in our country, but also our countrymen abroad.
00:14:32 In a national plebiscite, including our overseas Filipinos, that's how much the voters are.
00:14:39 Therefore, it's based on the immediately preceding election, as stated by the Republic Act 6735.
00:14:44 That's 68 million plus 1.4 million of overseas Filipinos.
00:14:50 That's the scope and the amount of funds we will need if it will continue.
00:14:55 Again, in a people's initiative, even in a constituent assembly, even in a constitutional convention,
00:15:03 it will always end with a plebiscite, yes or no, to ask if the Filipinos will allow to change the law.
00:15:11 If 13 billion pesos is the amount of funds needed, you said that the voters are about 70 million.
00:15:18 How much will the unit cost of each voter, yes or no? Is that the amount of expenses?
00:15:24 That's right. That's why what will happen is, if we say that 13 billion divided by 70 million,
00:15:33 that's the per capita that we will need to spend on a plebiscite. Of course, we will do it for each plebiscite,
00:15:42 especially if there are changes in the Constitution, yes or no, that's how much we will spend.
00:15:48 To think that we have national and local elections, the expenses are high.
00:15:54 In the national and local elections, it's 25 billion. In the preparatory elections, it's about 22 billion.
00:15:59 That's how much our country's election is getting expensive.
00:16:02 All right. It's about 2,000 pesos per voter, the cost of a plebiscite. Is that right?
00:16:08 You're right. That's manual. Our plebiscite is manual, yes or no.
00:16:14 According to the Constitution, to win a yes to a proposal, the majority of the votes cost should be collected.
00:16:22 That's a big amount. This is not a plurality. What does it mean?
00:16:27 If our voter has 68 million, 50 million votes, the proponent should get 25 million plus one.
00:16:34 All right. Now chair, tell me how about the certification? You said that you're only doing level one,
00:16:43 which is ministerial duty. Level two is to confirm the substance and form if it's sufficient.
00:16:50 How do you confirm that? Because these signatures, you don't know if it's a person.
00:16:55 Do you call the voters one by one? How is the certification process?
00:17:00 The second stage is the one that we need to file for our petition. That's the trigger.
00:17:05 That's the trigger that will start. That's what's happening to all of us.
00:17:10 Technically, the commission of the election has no jurisdiction yet.
00:17:13 We should handle the signature buying, etc. If you look at our omnibus election code, our power will not be included yet.
00:17:24 Now, when our clerk of the commission filed a petition to us, the signatures are not included yet.
00:17:33 We said 12 percent in the whole Philippines, that's more or less 8 million.
00:17:37 We said that they collected 8 to 10 million.
00:17:40 That's not included in the form that will be sent to us because all signature forms were left to the local committee.
00:17:47 We will base it on the certification that was issued to us plus the certification that was sent to our clerk of court.
00:17:56 Our clerk of court will look at the things on our checklist.
00:17:59 Number one, is there a certification of the total number of registered voters in the whole country, in every district.
00:18:05 Number two, are the certifications that we're looking for there.
00:18:08 Number three, did they pay the filing fee.
00:18:10 Number four, is it verified. That's the form.
00:18:13 Substance. That's why minister, if you see it, we will look at it. We have no discretion.
00:18:18 Next is substance. Is there a provision in the Constitution that they want to change.
00:18:24 Number two, is there a change that they want to put in the provision of the Constitution.
00:18:29 More or less, that's the substance. You're right, we might reach the point of decision if the Republic Act 6735 is sufficient or not.
00:18:38 We will determine the determination of the substance. We have not determined if the signatures are the product of the threat of terrorism.
00:18:48 We have not yet determined that. The determination of the sufficiency in form and substance.
00:18:52 If we say that it's sufficient in form and substance, there's no choice, everything is there, it's on our checklist.
00:18:59 We will order our local committee to verify the signature, each and every signature.
00:19:05 We will know if it's a voter's signature or a signature of a voter based on our existing records, our voter's registration records.
00:19:15 Of course, we will accept the signatures that they want to withdraw. We will accept the evidence that says it was bought to remove the names.
00:19:24 It doesn't mean that the names submitted are permanent. We have the authority to remove each and every signature,
00:19:33 depending on the circumstances why the signatures should be removed.
00:19:38 As per the rules, we have more than 60 days to verify the signature. That's the limit given to us in our period.
00:19:47 The reason, if I may, we are thinking why there are timelines. It's easy to predict timelines as long as you have filed.
00:19:59 The KILOS of the Comelec is based on the periods that are included in the Comelec Resolution 10650.
00:20:07 For example, not more than 60 days to verify. After that, we will be assigned the verified signatures, if they obtained 3 percent or 12 percent.
00:20:17 If we determined that 3 percent and 12 percent were obtained nationwide, we have only 60, but not more than 90 days to conduct the plebiscite.
00:20:29 That's the limit given to us in our period to conduct the plebiscite.
00:20:34 Now chair, that's an impossible job. For example, 10 million signatures or signatories. How many Comelec will verify the signatures?
00:20:43 If they bought it, if they pecked it, if they just joked about it, if they used public funds. How many Comelec personnel can verify 10 million signatures?
00:20:54 Let's put it at 10.
00:20:56 You're right. It depends on where the proponent concentrated to get the signature.
00:21:04 For example, instead of getting signatures from all the cities and towns in one district, they concentrated to one town because they think that 75 is enough.
00:21:13 Our local Comelec is pitiful because it only has one or two election assistants to verify the signatures.
00:21:19 We will probably use election officers from other cities who will not verify because they didn't get signatures from each of them to help our local Comelec.
00:21:31 Therefore, we might sacrifice the activity that we're doing at that time, which is the registration of voters.
00:21:39 We can trust others to register voters. Therefore, those two activities will be used by practically the same people in each activity.
00:21:53 In terms of verification of signatures, does Comelec have an emergency or SOS center? For example, some supposedly signatories will complain that they didn't get the signature or they bought their signature.
00:22:08 Where can people lodge a complaint to help with the verification process?
00:22:18 It should be done to all local Comelec. We cannot allow their verification. Meaning to say, discretion.
00:22:26 It was mentioned in the law and in the regulations that our local Comelec, our election officers, have the authority to verify.
00:22:35 If there are people who will withdraw, there are evidence that can be presented about the purchase or giving something, money or in-kind,
00:22:43 to sign to all of them. We don't want to involve in that process because again, the process that should be done in verification is not political.
00:22:53 It's really hard to be careless because again, this is the first time that we will do verification if we will reach that point.
00:22:59 Let's see if they will file a formal petition. Because at the moment, they are gathering signatures and we are far from 253 so far in the Philippines.
00:23:12 We don't know when they will file that. Again, I want to say that it's very hard if we will go to the plebiscite next year.
00:23:22 It's very hard because the next year is a national and local election and the Supreme Court has a decision that a plebiscite should not be at the same time
00:23:31 in changing the law of the country in our national and local election. So that the people can focus on what is being changed in the law of the country.
00:23:41 So if you will be the one to choose, it means that the plebiscite should not be held now because there's a 2025 May national and congressional elections,
00:23:52 congressional and local elections and there's an S.K.A.
00:23:55 If we can say it, we hope that it won't be held. That's why we insist that this is the duty of the Commilete, it's in the Constitution,
00:24:05 it's in the law and it's in the Constitution. So again, we will have to perform these duties.
00:24:10 In the meantime, we will instruct our local Commilete to accept the signatures and count them one by one based on our guidelines.
00:24:19 We are going to tell the Filipino people, we will abide by the rules. We will not show a shortcut here.
00:24:27 As long as it's in the rules, we will not delay it and we will not delay the process. What can we do? That's the process that the Commission should observe.
00:24:36 Chairman, you are the lawyer. The petition that is being circulated in English, the proposal for the Senate and Congress to vote as one.
00:24:47 But there are some episodes that it was read in Filipino, that text. How is that?
00:24:56 Most Filipinos have no knowledge of the Constitution. 70% have no knowledge.
00:25:04 And there are some who have 50 plus percent, almost 60 percent who do not want a charter change ever, now, in the next year or ever.
00:25:14 How did that many signatures happen and were the signatures understood in English?
00:25:20 The proponents should, when they formally filed in the Commilete, they have an obligation to convince us that the signatures in their signature forms are understood.
00:25:31 They signed it. It's not the obligation of the Commilete. It's their obligation.
00:25:34 That's why it's in the case of Lambino versus the Commission on Elections. It's not enough that they just sign signatures on their petition that will be filed in the Commilete.
00:25:45 The obligation belongs to them and not the Commission on Elections.
00:25:48 My question is, those signatures that were submitted, who brought them? How did they reach the Commilete? Who's behind it?
00:25:56 Because there are many folders, stacks of folders. Who reached the Commilete?
00:26:02 Were there telltale signs who are behind it? Because no clear proponent is standing in the local level.
00:26:11 There is one who said that it was signed by Mr. Noel Oñate, but he doesn't figure out.
00:26:16 As somebody with a lot of money to finance the massive signature procurement.
00:26:22 It's limited if there are people who go to our local Commilete and bring authorization to submit it,
00:26:29 at the same time, the authorization is included to accept the certifications that our local Commilete issues.
00:26:36 It's limited in every town and city. The one who gives authorization is different.
00:26:43 The organization is the one who goes to the Commilete and says that they are pro-amendment of the Constitution,
00:26:51 the Constitution of the Constitution and therefore they submit it.
00:26:54 But later on, we will know all of that when they file the petition, because the proponent will surely be there.
00:27:03 In the initial forms that we saw, there is a name that is included.
00:27:10 The name is likely to be the petitioner or the proponent or he is a member of an organization that will stand and say that they are behind this.
00:27:22 Okay. Now Chair, you said that the voter registration might be affected and that this February, it should start again.
00:27:30 And your preparation for the automated election system for May 2025.
00:27:35 What is the permission or the requirement that this signature will be issued for the Commilete?
00:27:41 If we will have a plebiscite, as per the law, there is no registration of voters 120 days before a regular election and 90 days before a special election.
00:27:53 The plebiscite is a special election. If we will have a plebiscite, we will have to suspend the registration of voters and therefore,
00:28:06 the resumption is likely to be after conducting a plebiscite. That's how long the suspension of our registration is.
00:28:15 We want to register three million Filipinos because our projection is that there will be three additional million Filipinos in our list of voters.
00:28:24 We might not be able to accomplish those three million.
00:28:27 Again, if we will have such a situation, because we will suspend the registration, it will be too long.
00:28:35 Those who will line up in our registration sites, even if we will do it in malls and public places that are big,
00:28:42 our countrymen will surely line up to register for the 2025 national and local elections.
00:28:50 It means that there's a possibility of an injured party. Those voters who want to register 18 years old and above and others,
00:28:58 if there will be a plebiscite, they will not be the ones who will shout, come elect, don't neglect us.
00:29:04 Because of that plebiscite, we will not be able to register.
00:29:08 You're right on that. But then, we would like to call on our countrymen to understand that we have no interest in these things.
00:29:23 Who would want to add work to what we're doing, which is not good or good for the work.
00:29:30 We will do everything we can to accommodate our countrymen.
00:29:35 At this point, we're just presuming. We don't know if we will use those signatures.
00:29:42 As a result, there's no date when we can use those signatures. Maybe they won't use it this year, maybe they will use it next year or maybe in 2026.
00:29:55 We haven't seen anything clear that will allow us to file a formal petition.
00:30:01 All right. So it means that those signatures cannot be included.
00:30:05 Now, the question is, the other signatories said that the promise was not immediately given but assistance under what's called AICS,
00:30:15 Assistance to Individuals in Crisis Situations.
00:30:19 But there's no assistance yet. It means that there's a signature that was bought and our government agencies are involved.
00:30:29 Who are the people who are not good enough for the COMELEC out of its ministerial duty to investigate?
00:30:36 What is really happening? Who are the people who are doing magic in this firm?
00:30:40 To consider those actions as criminal, there needs to be a law that punishes those as criminal.
00:30:48 An act cannot be criminal if there is no law punishing it.
00:30:51 If there's no law in our omnibus election code, the COMELEC is not empowered to promulgate laws which will make criminal an act.
00:30:59 We cannot do that.
00:31:00 You know, the best thing to do at this point, especially in terms of using assistance, is to listen to the Senate committee of Senator Bato de la Rosa
00:31:09 and your services, along with the leaders of the COMELEC, on the issue of assistance that is used in the signature gathering.
00:31:17 It's better to be able to explain what effect it is using and at the same time, the wide implications to our countrymen.
00:31:27 All right. Now, people are saying that they were surprised. Either the COMELEC was surprised or you were suddenly given additional work
00:31:35 or some have a doubt that the COMELEC is in on it from the beginning.
00:31:40 Sintabi, do you have the knowledge, your former colleagues, the members of Congress who were proponents of CHA-CHA,
00:31:49 did you say or have the knowledge ahead of you to give P12 billion in additional funds for CHA-CHA? What is the true story?
00:31:59 You know, after we asked the Senate, we know that we cannot add funds. We have no follow-up whatsoever.
00:32:08 Do you know where we first got the information that we have additional funds? Until now, we have not received a copy of the GAA,
00:32:18 the one signed by our President. We don't have a copy of that. A legislative department called us and said, especially to the Senate,
00:32:28 that you have P12 billion. Where will you use that? We don't know that we were given additional P12 billion because otherwise,
00:32:34 we were mentioned in the Senate hearing. It means that from the first week until the second week of January, we don't know that we have P12 billion.
00:32:44 That's why it's a welcome development for us that we were given additional funds because at least, we can fund what we were given zero.
00:32:51 Otherwise, they would have told us that we have funds and we will use it for this. That's why we will prove that we don't know about it.
00:32:59 We will use it. They will just wait for the first quarter. We will reduce it. If it's really in the plebiscite, shouldn't we reduce it?
00:33:09 We will reduce it to other items so that it has no relation to the plebiscite. So your commission election has no information.
00:33:17 That's why we will perform it.
00:33:20 When you heard that, what stage was that?
00:33:23 The second week of January going to the second week because the Senate Budget Office coordinated with us and said that we have P12 billion.
00:33:33 Our director of finance called me and said, sir we have an additional budget, more or less P13, with P12 and P1.
00:33:43 I said, what items were you given? Did you return it to the previous budget? No. Why is it there? Why did it go there, while the removed items are here?
00:33:52 At that time, there's no information about the PPO people's initiative. It was only here in the last two weeks that there was a leak about the PPO people's initiative.
00:34:03 Maybe it's a good thing that it was reduced because we got back P13 billion. That's why it's related to other items.
00:34:11 It was included in the recall initiative referendum and there's another election preparation.
00:34:20 That's why we said it's other election preparation or we will assign it to the national and local elections.
00:34:27 Again, we will request the DBM to increase the initial budget to P12 billion so that we can use it in preparing the national and local elections.
00:34:37 What will you buy or use?
00:34:40 We will buy overtime for the preparation. We need to buy overtime for all our people, including the registration of voters that will start on February 12.
00:34:50 Number three, the deployment. It's too early and we need to procure the deployment because the deployment of goods in the Philippines is still being prepared,
00:35:00 especially if we will use new machines. Number four, our internet voting.
00:35:06 We were given zero in the budget of the Executive Department, but now we have that budget and we will continue internet voting in our country and there are many other items.
00:35:17 All right. So it sounds very good, Chair, that you will force your fiscal autonomy.
00:35:23 But maybe it's better for us to have no doubt that Angkomelek is a partner in crime.
00:35:29 Whatever your plan, make it clear where you will spend the P12 billion and you will insist on the appropriate spending items that you want to support.
00:35:42 Maybe it will be clearer. Otherwise, it will be on people's mind to enter the story from the start because you have P12 billion.
00:35:51 That's right. That's what we will do to our public. We will use it in the first quarter until the second quarter because of our critical preparation for the national local election.
00:36:05 That's in detail. Actually, we submitted the direct departments involved in the use of it just the other day.
00:36:13 For example, Ma'am Malu, where did you see that we have zero in voters' education and information, meaning zero budget.
00:36:19 We removed the budget. The most important thing is voters' education and information. How can we explain to the people that this is the new machine that will be used in 2025.
00:36:28 These are the features of the machines in the whole country. We need to explain that.
00:36:34 That's why we will return the funds that were not used in our education and information department. So don't worry to the people. We will make it clear.
00:36:46 We will be very transparent. In the first place, these are public funds. Again, at this point, why would we submit or side with something that hasn't been given to us.
00:36:56 That's right in the budgeting process. You are budgeting when there's a need. They should not care about something that is not clear and we have been given other things.
00:37:07 So it's easy to say, if there will be a plebiscite in the charter change, the Congress should give additional funds. Your estimate is more than 13 billion pesos.
00:37:20 That's right. Let's see if it will be possible this year. Our plate is full. We don't know... We have plebiscites that are small.
00:37:32 Actually in Bangsamoro, you remember there are 63 barangays that are being converted into eight municipalities. In Marawi City, three barangays are being created.
00:37:43 In Las Pinas, there's a barangay that's being created. So we have many small plebiscites that are being conducted by the Congress,
00:37:50 aside from the registration of voters and at the same time, registration of our countrymen abroad. It's ongoing until September 30 up.
00:38:01 Of course, when our internet voting is full, we are explaining to our countrymen abroad how secure is the internet voting, how to do it and our input dissemination is massive.
00:38:16 Okay. So Chair, excuse me, you are a very good election lawyer. You have become many clients, including governors, mayors, senators, congressmen and even President BBM when he ran.
00:38:30 Have you not been affected, or have you been pressured by these major proponents of charter change, even President BBM?
00:38:41 When he said not to do it, recently he said it's okay, as long as it's economic provisions. How is the relationship with your former clients? Have you not been pressured?
00:38:54 You know, Ma'am Malu, first of all, we didn't want this position. For our country, this is a public service. If it's right, that's what we will do.
00:39:03 Because we are responsible for our duty to the Filipino people, not just anyone. There might be people who are our children, who support us.
00:39:13 But when we took the position, along with my colleagues in the commission, it's for serving the country.
00:39:20 We will decide what is good for the country and what is in the Constitution and the existing laws. That's what the commission will follow.
00:39:27 We have no discretion except to enforce and administer election laws. We cannot be political. We cannot be political.
00:39:36 That's why I said, as you saw, we said if it's there, we will accept it. We cannot refuse because it's in the guidelines and rules.
00:39:44 If we file a petition, we cannot rush it. They cannot rush us and we are not tied to the timelines or deadlines because the Republic will always be independent.
00:39:55 This is what we have proven most recently in the moves of your commission on elections.
00:40:00 All right. What they said, and I'm sure you've been monitoring the opinion columns and the news that this is just phase one,
00:40:09 that the Senate and Congress will vote as one. Phase two is term extension or no elections or shift to parliamentary system.
00:40:23 Do you read and listen to those stories?
00:40:26 Yes. You know, those things depend on what changes our Constitution provides.
00:40:34 Of course, we have no choice because we are just there to implement and enforce election laws.
00:40:41 Therefore, those things depend on the political arm of our government and of course, the citizens.
00:40:48 That's why my call to our countrymen, I've been saying this for a week, let's not just file a petition or sign any document that we cannot understand the implication of that.
00:41:00 Because you know, even in our ordinary life, a document is very important that can affect our future, our life.
00:41:08 That's why we should know how we can be affected by that.
00:41:12 Is there a chance that because you will be tied to the timelines, if there's a plebiscite, the voter registration will be postponed,
00:41:20 you will lose enough time to study the automated election system, that the qualified proponent is still alive
00:41:27 and there are questions to his constituents in Congo and Iran that became problematic.
00:41:34 So if there's a situation like that, is there a possibility that the May 2025 elections will be postponed or we will be no-el next year?
00:41:43 As long as we are not allowed to postpone it because we are mandated by the Constitution that the election is every three years in our midterm elections.
00:41:55 Therefore, the term should be completed. When the term should be completed, there should be no extension,
00:42:00 we don't have holdover capacity in our Constitutional Law. Therefore, we will conduct the election at all costs, whether there's a machine or not.
00:42:08 But we will commit that there should be a machine because we have an automated election law.
00:42:13 We will not divert our attention to these kinds of things, to the work that can be done.
00:42:21 Our focus is the preparation of the national and local elections. We will have the election by 2025. That is our commitment.
00:42:29 However, if there's a change in our laws, especially the Constitutional Law, the Commission on Elections will not control it.
00:42:37 All right. In the past years, the barangay elections were postponed. You said you don't want to postpone it, but it was postponed.
00:42:47 This May 2025 elections, people have doubts. What will happen? Will it continue or not? Because of the amount of work that is being allocated in the Comelec.
00:42:57 In the barangay elections, it's easy to postpone it because it's just a law. Therefore, the political terms of our government, they can postpone it.
00:43:06 But in the Constitutional Law, it's hard to defer the election because in the Constitutional Law, it's the strongest law of our country.
00:43:15 That's why they need to amend or change the Constitutional Law. It's not that easy to amend.
00:43:21 As of today, the Comelec is mandated to conduct the election in May of 2025. At the same time, the Supreme Court said that we have barangay elections in December of 2025.
00:43:33 That's our commitment and we will strive to fulfill it. Therefore, let's see how these developments in the political aspect will move.
00:43:44 The political aspect, the Comelec is hell-bent in conducting the national and local elections and the barangay and SK elections.
00:43:51 The AES for May 2025, only the MIRU systems are left. But there are rumors that the recent election escapades of MIRU in Congo and Iran have become problematic.
00:44:06 The election officers in one country have paid taxes and the other country has been hacked. Are these what you're studying?
00:44:15 Maybe later, the system, the supplier and the history of its engagement will be problematic.
00:44:24 You know, first of all, for our countrymen to understand, we haven't been able to give them an award.
00:44:30 Even if it's just one bidder, we haven't been able to give them an award. It's sad. You know, six bid documents were bought from us.
00:44:41 We expect six bidders to participate. This is an open, transparent and inclusive bidding. It's a public bidding.
00:44:47 But we don't know why only one bidder participated in our procurement.
00:44:55 Don't worry, because the issues that are being exposed in social media, especially about the company you mentioned,
00:45:03 will be included in the post-qualification. In fact, this will start tomorrow.
00:45:07 The machines will be brought here to show if it's compliant with our wish list in terms of reference.
00:45:17 Will we find all the security features and at the same time, are all the documents submitted true?
00:45:26 Are they lying? There's a possibility that even if it's just one bidder, it can be disqualified.
00:45:33 Therefore, we will go to the third phase, the so-called negotiated procurement.
00:45:38 We will give the post-qualification because it's still at the level of our technical people and our special bids and awards committee.
00:45:48 All right. So if it's a negotiated bidding, will one bidder still be disqualified?
00:45:54 No. Because it's already negotiated, maybe there are five or six. Let's say there are six bidders that we can choose,
00:46:02 but they didn't submit because they lack documents and papers, they can be set aside.
00:46:08 The important thing is, are you credible, do you have integrity and at the same time, do you have a good background?
00:46:14 Can you really supply 110,000 machines to the commission, even if it's just rented by Comelec and not to be bought?
00:46:22 How hard is it to shift if the bidder wins? This is a new automated election system.
00:46:29 Will the training and adjustment of Comelec personnel be harder?
00:46:34 Actually, our ITD, Information Technology Department, are already used to it.
00:46:40 They already know the problems that have happened in the past.
00:46:43 That's why we believe that if there are new machines that will supply to us, we don't need their intervention.
00:46:51 Because in the end, our terms of reference, the technical aspects, we prescribe it.
00:46:57 We know how to operate that machine. The election in the Philippines, I guarantee by 2025, will be fully an election,
00:47:06 which is fully governed and conducted by the commission election.
00:47:10 There will be no intervention, no interference, no influence whatsoever.
00:47:14 We will operate that machine. You know, our countrymen are watching not only the machine,
00:47:21 but also the hardware and software. That's just a scanner.
00:47:27 If you enter, you will surely eat the balota. That's just a scanner.
00:47:31 What we will monitor is the other aspect of the automated election system.
00:47:35 What is that? Of course, the transmission.
00:47:38 If you notice, we didn't bundle the transmission. For the first time, we unbundled the transmission
00:47:44 to the hardware and software for a different reason, so that Comelec can countercheck.
00:47:48 Comelec is the talk of Telcos, not any company.
00:47:52 That's why we said that we unbundled it.
00:47:55 At the same time, the Filipino people should be focused on the irregularities outside of the machines,
00:48:02 like vote buying, terrorism, and manipulation of elections that has nothing to do with the machine.
00:48:10 Okay. Maybe the issue is over. The Supreme Court has ruled out the 2022 elections.
00:48:17 What can you say about that? It seems like some are still unhappy.
00:48:21 Their group, General Eliseo Rio, said that the ruling is not enough. Can you comment on that?
00:48:29 Even though I was a part of the 2022 elections as a commissioner, although I joined Comelec late,
00:48:36 you know, whatever the standard set by our Supreme Court, for example, the Supreme Court said,
00:48:42 the machines don't need digital signatures that will be given to the teachers.
00:48:50 You know, just a while ago, before your election, I was in a meeting, ongoing until now,
00:48:55 with the DEPEDA and DICT because we want to give digital signatures to all our teachers.
00:49:01 Your service as the in-charge of the steering committee of the 2025 elections will not allow
00:49:07 the machines to do everything possible to give digital signatures to our teachers.
00:49:15 Therefore, the digital signature of the machines cannot be imprinted unless they have their own digital signature
00:49:21 so they can be sure of the results they received.
00:49:24 Number two, even though the configuration of the SD cards is the same, even though there's no observer,
00:49:31 it's okay as long as we show the diagram. I will not allow that.
00:49:34 It's necessary from the start, how it's configured, what Comelec is doing, we always have an observer.
00:49:41 We always have citizens arm or groups or interest groups invited because we're not hiding anything.
00:49:47 Why would we hide anything, especially the printing of balota.
00:49:50 We will do that from the beginning until the printing of balota.
00:49:55 It means that the Supreme Court set a standard. We wanted to go beyond that standard because otherwise,
00:50:02 there are still many issues that will be raised if that is the standard of our constitution.
00:50:08 We should continue to raise our standard so that not only in 2025, but also in the next election.
00:50:16 Sir, let's leave aside the issue of Smartmatic, but you had a disqualification resolution and six out of seven commissioners voted that it's okay.
00:50:29 But you said that Commissioner Ferrolino said it's a distant matter, the alleged bribery of former Comelec Chairman Andy Bautista.
00:50:40 How did Smartmatic's disqualification come into play based on that issue?
00:50:46 Commissioner Ferrolino said that it's not the point of disqualification.
00:50:50 The qualification of the bidder should be reviewed first.
00:50:53 If there's an alleged bribery, there's no case in the Philippines or the United States. Please explain that.
00:51:01 Ma'am Malu, I want to answer that question. The circumstances, how we arrived in the decision.
00:51:09 Of course, Ma'am Malu, in the Supreme Court, the case at the same time, the petitioner there, the company mentioned,
00:51:17 they asked for a restraining order to allow them to participate in our procurement.
00:51:22 So I'm sure that in answer to your question or query, the Supreme Court can use it and may even get angry with us.
00:51:31 So that's it. But I will tell you that our decision was based on conscience for the country.
00:51:38 We will depend on what the Supreme Court will tell us.
00:51:42 We were ordered to do this or to stop our decision. We will be cautious because we always respect and we will always follow the discretion of the honorable Supreme Court.
00:51:53 Okay. When you started as a COMELEC chair, you listed a lot of reform initiatives.
00:52:01 Are you on track now or are your plans a bit in the dark?
00:52:06 So far, it's beyond our expectations. We codified election guidelines.
00:52:14 If you noticed, especially the lawyers, we don't have one resolution. It's already codified.
00:52:19 Think about it. It's not just every election, you have different promulgated resolutions.
00:52:25 It's the same, they just change the dates. That's a big thing.
00:52:30 Number one, number two, the trust of the people. No matter how big we are, our citizens trust the Commissioner of Elections.
00:52:39 We showed this Barangay NSK election, we do not care who will be the next one, as long as we will implement the law.
00:52:46 Take note, you can expect that. When the October filing of the candidacy for 2025 comes,
00:52:53 we will implement the Barangay NSK regulations. That's also the regulation on how we cleaned up the entire country in Barangay NSK,
00:53:03 which should have been dirty, especially because it's very messy, etc. We will do that.
00:53:08 Even the purchase of votes, we will fight against all of that.
00:53:11 We just need the help and support of the citizens. We are on track on everything because we wanted again to set a standard for future elections.
00:53:21 We are already winning in other countries. We were given four awards in our innovations.
00:53:28 Not only in the awards, the citizens should be content and they should know how they can help, what process is not hidden from them.
00:53:39 Okay. In the Barangay NSK election, you said that withdrawal of P500,000 and up is prohibited.
00:53:45 It's like the Anti-Money Laundering Council, that's also a standard. But in local elections and national elections,
00:53:52 they say that the citizens will really get money.
00:53:55 The vote buying and vote selling, the Comelec will not stop because who will admit that they are buying votes.
00:54:04 Aside from that, they are saying abuse of state resources, the incumbents that are using the funds, facilities, and personnel of the government for them to win again.
00:54:16 What exactly can you do in 2025 that you want to stop the vote buying and to stop the use of state resources for re-election?
00:54:29 For us, they will try. We will implement our policies correctly.
00:54:36 Anyone and anyone else can be affected and affected because that's what the citizens are expecting from us.
00:54:46 Again, they let them go to the Supreme Court. They said that we cannot implement their candidate from the date of the filing of the candidacy
00:54:54 or if there's a PIN-era versus Comelec, the Supreme Court might be convinced that the interpretation is different.
00:55:01 For us, we will consider them candidates from the date of the filing of the candidacy.
00:55:06 Think about it. If the candidates are filed in October, they are only candidates in February or March.
00:55:12 So from October to February, even if they have already appeared on the TV or radio,
00:55:21 that means they are not yet candidates. They will be attacked if they are influential. So let's not fool ourselves.
00:55:28 For us, what the Supreme Court said is right. But in our opinion, there's a way to interpret it differently.
00:55:35 For us, if anyone can be affected and they don't want to, let them go to the courts because in the end, the Supreme Court will have a final say in this matter.
00:55:43 We don't want to be incompetent in that matter. It's very rare that Comelec cannot be implemented simply because they are not yet candidates.
00:55:51 The guns are already loaded. You cannot be convinced because you will say that there's no gun ban.
00:55:56 The gun ban is still later. We will implement it later. It cannot be like that.
00:56:00 This will be a proactive commission and in the final analysis, all laws are always subject to interpretation.
00:56:08 Therefore, we will interpret the election law in favor of what is good for the country.
00:56:13 So in short, in your opinion, the Metro will start ticking on their campaign spending the day they file their certificate of candidacy.
00:56:26 It's also prohibited to bring guns from the day they file their certificate of candidacy.
00:56:31 There's a gun ban unless there's a permit from Comelec. Are those your initiatives? They're very bold initiatives.
00:56:36 Yes. We will adjust the election period. Before, it was 120 days. The law did not say that it's permanent or fictional.
00:56:45 Comelec can adjust it. We will adjust the election period from the moment of the filing of the certificate of candidacy.
00:56:51 Therefore, all their expenditure counted from the date of the filing of the candidacy.
00:56:56 Let's not be confused. Those three months, October, November, December, January, four months.
00:57:02 Those four months, you're not yet a candidate, you spent billions, you're not yet a candidate, you should explain it later or question us in the Supreme Court.
00:57:09 That's what we should be doing. We issued 7,500 show-cause orders, 253 were not proclaimed by the Barangay SK Elections.
00:57:19 We know that there are people behind us who are higher-ups in politics. We did not make them listen.
00:57:24 If we should not proclaim, we will not do it. Otherwise, it's just a show-cause order.
00:57:31 It's okay if people see the implementation of our policies.
00:57:35 It should be equal, whether it's the barangay or SK, national or local, so that if we're no longer there, at least there's a standard that everyone can follow.
00:57:44 Sir, but you have two new commissioners that will be appointed by next year.
00:57:51 Commissioner Ferrolino and Commissioner Casquejo will retire by the end of the term. Is that correct?
00:57:57 That's correct. By February of 2025. Think about it, it will be just a few months before the election.
00:58:03 We believe in the wisdom of our President that he will understand the work of the commission and understand the aspect of how we started.
00:58:16 I hope the commission will be in order even though we will lose two members. Everyone understands what we did.
00:58:25 I hope we can continue to be supported by the new commissioners. We believe that the President will appoint people. That's the thought.
00:58:35 All right. What is the right thought to be a commissioner?
00:58:39 First, they should understand that COVELEC is working for the country. Number one.
00:58:49 We don't have a favor that they put or confirmed to us. We should do it right.
00:59:03 Of course, we should take care of the public funds, the Pondo ng Bayang because it's not ours. Even if it's a single-farm, we will have to account for that.
00:59:10 All right. Even if it's a single-farm. When will your term end sir? You can only have two more elections until 2028?
00:59:17 I will be in 2029 Ma'am Malu. I will also be with the two commissioners, Commissioner Celis and Commissioner Maceda.
00:59:24 All right. What's next for you after 2029? There are many options.
00:59:28 The commissioners of COVELEC who became Supreme Court Justice. Is that on your plan or your plan?
00:59:37 Ma'am Malu, remember what I will say. If I catch this, we will not do it.
00:59:42 That's the reason why I'm doing everything with our colleagues in the M-Bank to do what should be done in COVELEC.
00:59:49 Because if I'm wrong, I can say that what I left behind became good anyway.
00:59:55 After that, I will end my public career. At the same time, even if I practice, I have already made many sacrifices.
01:00:03 It's high time that I will be able to do my private work. What we should do is to leave an institution that is strong,
01:00:12 that is trusted by the people and at the same time, that is supported by the citizens.
01:00:19 All right. But if that's your plan, you will leave the COVELEC with a good legacy, but probably a lot less friends or fewer friends
01:00:28 because of your bold initiatives. Is that okay?
01:00:32 That's okay. That's how far I am. Therefore, you know that true friendship does not look at the needs of that time.
01:00:41 True friendship looks at what you have combined to make it good, not because it's in the wrong place or not because it's not favored
01:00:50 or not because the friend defended what is right.
01:00:54 Okay. So signature first. What should be the friendship for the people?
01:01:01 We know the consequences that can happen to us. You know that we are always facing budget hearings,
01:01:09 we are always facing hearings, especially in pursuing changes in our laws.
01:01:15 Therefore, if someone is not happy with what we did, we will always encounter it.
01:01:23 What's important is we elevate the discourse and the debate in the level of highest professionalism because in the end,
01:01:31 they are working and we are also working. If they are the ones who are in our situation,
01:01:36 you don't want to say that you are just there because you are using.
01:01:40 All right. So COVELEC will not be used even to former clients, friends or acquaintances?
01:01:47 We have already proven that if we are clients or because of previous relations, we don't use.
01:01:56 What's important is the people trust.
01:01:59 When everything started, the people in the commission need to trust.
01:02:05 We can afford to lose that, but we will gradually get it back.
01:02:11 Even if there are still doubts, the most important thing is to clarify.
01:02:19 Before, if we don't clarify, everyone will always have doubts.
01:02:23 All right. On that note, we will give a big good luck and congratulations on your initiative.
01:02:30 I think all people have their eyes on COVELEC for the coming weeks,
01:02:35 if the Cha-Cha Train will continue or not. It seems that it is still in the area.
01:02:42 Yes. Again, let's wait for the next episode and the next movements as long as COVELEC is always ready.
01:02:51 All right. Thank you very much Chairman George Erwin Garcia of the Commission on Elections.
01:02:57 There are many plans and many clarifications.
01:03:00 I hope we all watch out for the next episodes. Have a good day, Chairman.
01:03:06 Have a good day. Long live to you.
01:03:08 Thank you.
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