MANILA, Philippines — Senator Panfilo Lacson warned on Friday of a “constitutional crisis” if the 2022 national elections will be postponed because of the coronavirus disease (COVID-19) pandemic.
In an interview with ABS-CBN’s Teleradyo, Lacson pointed out that the Constitution is “explicit” in stating the fixed schedule of elections and terms for government officials in national posts.
“So napakaliwanag noon. Hindi pwedeng gawin ‘yun (So it is really clear. We cannot postpone the elections),” he said.
“’Yung postponement, malabo talaga ‘yun kasi constitutional crisis ‘yan. June 30, 2022 ‘yung end of term, so kapag naantala ‘yung proklamasyon, sinong uupo?” he added.
(The proposed postponement may not push through because it will create a constitutional crisis. June 30, 2022 is the end of the term. If the proclamation is delayed, who will sit in office?)
In a statement, Lacson also pointed out that canceling or postponing the elections to pave the way for extension of terms of elected officials is a “clear violation” of the Constitution.
“Thus, any discussion or debate on this issue is an exercise in futility, if not a waste of time and energy,” he said.
For Senate President Vicente Sotto III, the idea presents a number of controversial and unconstitutional issues.
“To name a few, who will hold over their positions? If not, who will appoint their replacements? The tenure of elected govt officials is fixed,” he noted.
It was House Deputy Majority Leader and Pampanga 2nd Dist. Rep. Mikey Arroyo who floated on Thursday the idea of postponing the polls because of the persisting COVID-19 pandemic.
But the Commission on Elections (Comelec) brushed aside the idea, asserting the fixed date mandated by the Constitution for the national elections.
Citing the same basis, Lacson said there may also be issues on the two-day voting period being considered by Comelec to help facilitate physical distancing in voting precincts if it will be challenged before the Supreme Court.
“Maliwanag ang Constitution, naka-specify ‘yung date. Pwedeng gawin dahil may pandemya pero hindi tayo sigurado kung papayagan ‘yun sa interpretation ng Korte Supreme kasi maliwanag din ang Constitution on the matter,” he added.
(The Constitution is clear in specifying the date. It can be done because of the pandemic but we are not sure if it will be allowed by the Supreme Court since the Constitution is clear on the matter.)
“This is not to mention valid issues and concerns involving the security of the ‘secrecy and sanctity of the ballot’ as also provided under the 1987 Constitution, as trending may occur if the ballots are not properly safeguarded,” he further said.
Lacson also noted that even the line of succession for the presidential post is also unclear as it stops with the House Speaker. He said this is the reason why he filed a bill designating successors to the presidential seat in case of death, permanent disability, and other circumstances.