Members of Commission on Elections en Banc hold a press briefing on November 30, 2023. (File photo from Noy Morcoso / INQUIRER.net)
MANILA, Philippines — The withdrawal forms distributed by Commission on Elections (Comelec) to people claiming to have been tricked into signing the signature sheets for the so-called people’s initiative (PI) in exchange for “ayuda” or aid is just a “palliative measure.”
This is the view of election lawyer Romulo Macalintal expressed on Sunday.
In a statement, Macalintal said instead of distributing the withdrawal forms, Comelec should return the signed sheets to persons who previously submitted them.
The move is meant to determine who want to withdraw their signatures.
He noted the distribution of withdrawal forms does not solve the problem.
He believes it merely “eases the fears” of the people who previously signed the sheets that called for PI.
The poll body had said the distribution of the withdrawal forms was for “recording purposes only.”
“In other words, the problem is between the people who initiated such signature sheets and those people who claimed to have been tricked or hoodwinked into signing them, and now want to withdraw their signatures,” Macalintal explained.
The election expert asserted Comelec has no power to declare that the signature is already withdrawn since it has no jurisdiction over such a document.
“Comelec may only receive and file such withdrawal forms without any action at all,” he said.
“Comelec does not even have the power to determine if the person withdrawing is the same person who signed on the signature sheets,” he added.
Veteran election lawyer Romulo Macalintal. (INQUIRER files)
The lawyer also suggested Comelec should no longer take part in actions related to amending the charter through PI.
He recalled the poll body was already “permanently enjoined” or prohibited by Supreme Court (SC).
Macalintal cited the 1997 case of Defensor-Santiago vs. Comelec.
He said, “the SC ruled that the Comelec has no power to issue rules governing the conduct of such initiative since this power belongs to Congress pursuant to Section 2(2), Article 17 of the Constitution, which provides that ‘Congress shall provide for the implementation’ of people’s initiative to amend the charter.”
On February 15, Comelec released a memorandum to the public approving the distribution of the withdrawal forms.
The documents were made accessible through the offices of election officers — who were likewise instructed to distribute the papers.
On January 29, the poll body suspended all proceedings pertaining to the signature drive that intended to amend the 1987 Constitution.