The Commission on Elections (Comelec) ruled out yesterday any special voters’ registration despite a clamor by members of a militant youth organization to let them vote in the May 14 elections.
This developed as President Arroyo said she may ask Congress to hold a special session just to amend the law prohibiting special elections within 120 days before the elections.
The President also directed the budget department to look for money to finance the special listing of new voters as demanded by the Akba-yan, whose members camped out on Wednesday night at the Comelec premises in Intramuros, Manila.
Presidential Spokesman Renato Corona admitted that the issue has placed both Malacañang and the Comelec in a "tight fix."
Comelec Chairman Alfredo Benipayo clarified that the law disallows registration of voters within 120 days prior to the elections.
"The law is clear that registration should be done not less than 120 days prior to the election, and to hold it outside that period is illegal," Benipayo stressed.
However, lawyer Romulo Makalintal insisted that the Comelec should hold the special registration because it erred in setting the deadline for the continuing voters’ listup last Dec. 27.
Benipayo indicated that the options available for the government to resolve the dilemma include amending the Omnibus Election Code or resetting the polls to a later date.
"If they (Congress) amend the law, they might amend also the date of elections, or between two evils, I don’t know which you will prefer," he added.
Benipayo said in either case, the poll body would need ample time to prepare for the electoral exercise.
The Comelec chief has also said the new registration may be pushed through, but the May 14 local and national elections should be postponed to enable the poll body to make the adjustments especially with the addition of new voters.
He pointed out that a special registration will entail printing of pertinent forms including ballots and election returns, dissemination of notices, and cleansing of the final voters’ list.
He said most voters were able to list up during the continuing registration that began in July 1998 and ended on Dec. 27 last year.
Benipayo expressed fears that he and his colleagues might end up facing impeachment complaints if they give in to the demand of the Akbayan and the Kompil youth groups.
"Our hands are tied and we don’t want to do anything illegal," Benipayo said.
Makalintal argued that the last day of registration should have been set on Jan. 14 this year, since the Dec. 27 deadline resulted in a loss of 18 days in the registration for first-time voters.
"Because of that early deadline, we lost 18 days to register and with that big mistake, the Comelec should rectify its error," Makalintal said.
He also said the special registration should not be limited to first-time voters, and should also include transients.
Executive Secretary Renato de Villa said Mrs. Arroyo issued the directive to Budget Secretary Emilia Boncodin even as she awaited the report and recommendation of her legal advisers whom she tasked to study the youth groups’ petition.
On the other hand, Corona said the two groups should file their petition before the Supreme Court as the most logical forum to resolve the issue in time for the May 14 polls.
The President expressed optimism, however, that the High Tribunal could come up with a decision that would logically resolve the controversy.
"But if that is not feasible, then we will ask leaders of both houses of Congress to amend the law to allow the registration," she said.
At the same time, Mrs. Arroyo ruled out postponement of the polls. "The May 14 elections must push through as scheduled."
However, Corona noted that special sessions by Congress might also be unlikely since most of the legislators were already on the campaign trail.
Mrs. Arroyo hinted that she would do everything to enable the four million first-time voters to cast their ballots.
"Since I believe wholeheartedly that the voice of the youth must not be stifled, hence, I join them and the other leaders in the search for solution (for the problem)," she said.
In ordering a study on the legal implications of the issue, Mrs. Arroyo pointed out that the Comelec is an independent constitutional body, adding that executive department cannot interfere with the poll body’s policy-making process.
De Villa said the Palace is aware of the problem. "It is the moral principle (involved) in this issue. And we are leaving this matter to the laws and concerned agencies like the Comelec and the courts."
De Villa also noted that the legal implications were "much more problematic than the funding constraints."
He said the government would explore ways of resolving the controversy within the bounds of the law and the Constitution.
"But in the end, it is the law that should prevail," he said.
Meanwhile, party list Bayan Muna accused the Comelec of dodging responsibility for the foulup and threatening to postpone the May 14 polls.
"He (Benipayo) is passing the buck to cover up Comelec’s lackluster and dismal performance," Bayan Muna spokesman Raymond Palatino said.
He said they are willing to assist the Comelec in the special registration just to show their sincerity in casting their votes in the forthcoming elections. – With Sandy Araneta, Mayen Jaymalin