Poll delay, manual count just Comelec crack at ‘pressuring’ SC–Drilon

Senate President Franklin Drilon INQUIRER PHOTO / GRIG C. MONTEGRANDE

Senate President Franklin Drilon suspects that the Commission on Elections (Comelec) was just trying to “pressure” the Supreme Court (SC) by floating the possibility of either postponing the May 9 elections or going back to manual counting.

Drilon noted that Comelec chair Andres Bautista himself knows that the elections could not be postponed or changed to manual unless authorized by Congress.

“First, let’s clarify, elections can’t be postponed unless Congress acts on it. Automation can’t be changed unless Congress passes a law. Now, I’m not aware that the president is inclined to call a special session to enact the appropriate law,” Drilon said at a press conference on Tuesday.

“What I suspect Chairman Bautista is doing is to put pressure on the Supreme Court…because he has not consulted us as to whether or not a special session is feasible and he knows that we need a law to go into manual election,” he said, adding that he is against going back to manual elections.

The Supreme Court, voting 14-0, ordered the Comelec to print voter receipts on election day. But the Comelec warned that the printing of ballot receipts could only delay the holding of the May elections.

READ: Comelec: Few weeks’ poll delay possible

“So sa aking tingin, ang mga nababangit na manual elections o postponement, ito po siguro pini-presure ni Chairman Andi Bautista ang (So, I believe, the mention of manual elections or postponement are probably done by Chairman Andi Bautista to pressure the) Supreme Court to take a good look at their decision and see whether there might be a basis for a reconsideration as asked by Solicitor General,” said Drilon.

“Because Chairman Andi Bautista, a constitutionalist that he is, knows that he can’t, we can’t postpone elections, we can’t have manual election unless so authorized by Congress. That is clear,” he said.

READ: Comelec asks SC to reconsider ruling

Drilon said the SC decision could not be considered as force majeure (or superior force or accident), one of the grounds provided for under the law.

Under the Omnibus Election Code, the Comelec may postpone an election “for any serious cause such as violence, terrorism, loss or destruction of election paraphernalia or records, force majeure (superior force or accident) and other analogous causes.”

“Hindi naman Dyos ang Supreme Court (The Supreme Court if not God). It’s an act of the Supreme Court, not an act of God. We must make a distinction between God and the Supreme Court although sometimes they think they are…” Drilon said in jest.

Asked then if the voters should demand voter receipts during the elections, the Senate leader said: “That’s how the gods of Padre Faura interpreted the law so we’re just mortals, whose interpretation may not be relevant at this point. So the Supreme Court has ruled and the ruling is not a ground to postpone the elections…” he further said. CDG

READ: Vote receipts likely to cause elections failure, Comelec tells SC