No time, no existing law to enforce ‘money ban’–election lawyer

Election lawyer Romulo Macalintal. INQUIRER.net FILE PHOTO

MANILA, Philippines–There is no time to implement the “money ban” being imposed by the Commission on Elections due to time constraints and the lack of a law as basis to issue it, a poll lawyer said Wednesday.

Romulo Macalintal said that under Section 30 of Republic Act 7166 or the Act providing for synchronized national and local elections and other reforms, a resolution by the Comelec shall be effective seven days after its publication in two newspapers of general circulation.

“If resolution is publshd today it will be effective May 15 or two days after the May 13 polls,” Macalintal said in a text message.

On Tuesday, Comelec Chairman Sixto Brillantes announced that they have issued a resolution imposing a money ban in a bid to fight vote buying.

Comelec Resolution 9688 promulgated bans cash withdrawals from banks of more than P100,000 per day.

“Likewise, there is no existing law as basis of comelec to issue the resolution. Comelec can only implement election law and cannot enact one, its function not being legislative,” Macalintal added.

The same resolution also orders Comelec checkpoints to set up checkpoints that will ensure the implementation of the resolution.

But Macalintal said that a “checkpoint is limited to visual check and does not include search or body contact”.

“Money ban is not a solution to vote buying but a more dynamic effort on the part of Comelec to educate d voters on the sacredness of their votes,” he said.