‘Signature sheets can’t be basis for people’s initiative’

MANILA, Philippines — Proponents of Charter change through people’s initiative are wasting time and paper in their signature campaign, election lawyer Romulo Macalintal said yesterday as he urged the Commission on Elections (Comelec) to stop receiving signature forms as these “have no evidentiary value” anyway.

“It is just a waste of time and paper because these signature sheets have no evidentiary value or cannot be the basis of an initiative. It gives a wrong impression to the people that an initiative to amend the Charter has already been properly or validly initiated,” Macalintal said.

He stressed that signatures for people’s initiative cannot be submitted ahead of the filing of a petition for a people’s initiative.

But Comelec spokesman John Rex Laudiangco said the processes being carried out by local poll offices are in compliance with Comelec Resolution No. 10650.

Based on the resolution, Laudiangco said the submission of signature pages as well as their certification could be considered part of what he called initiatory phases of a petition for a people’s initiative.

The signature pages, he said, shall be submitted as an integral part of the petition if and when it is filed.

Macalintal noted that Comelec Chairman George Garcia has already admitted that no petition has yet been filed on the matter, meaning the Comelec has no jurisdiction at this time over any move for Charter change via people’s initiative.

“With Chairman Garcia’s admission that no petition has yet been filed with the poll body, it is as clear as sunlight that there is no legal basis for anyone to submit the signature sheets to the Comelec,” Macalintal pointed out.

Without a formal petition, Macalintal said, it is still premature to submit those signature sheets to the Comelec, which has no valid reason to receive them.

Macalintal said the sheets containing the alleged signatures of voters cannot be the basis to start a valid initiative, considering that there is no existing petition yet to be read and understood by those who gave their signatures.

He said the Comelec cannot even start verifying the signatures because the verification fees required under Comelec Resolution No. 10650 have not yet been paid. The verification fee amounts to some P100,000 depending on the number of signatures to be verified.

“The same resolution provides that no petition for initiative could be started by the Comelec without the payment of a filing fee of P30,000. To date, no one has ever complied with these basic requirements, hence, no valid initiative has yet been properly initiated or filed with the Comelec,” Macalintal stressed.

The only valid act that Comelec could undertake, he said, is to issue a “certification as to the number of registered voters in each legislative district which the petitioner/s shall attach to their petition” for a Charter change initiative.

Garcia previously said the local Comelec is performing its ministerial duty to receive the signature forms for the people’s initiative.

As this developed, Garcia said the number of cities and municipalities that submitted signature pages for the people’s initiative has jumped to around 900.

“Almost 153 districts were involved in the more or less 900 cities and municipalities,” Garcia said.

There are already 254 legislative districts nationwide and the number could still increase, he added.

Signatures of at least three percent of voters from each legislative district are required for a people’s initiative to proceed.

Garcia admitted the signature pages being submitted to the local Comelec offices have no value yet since a formal petition has yet to be filed.

But he said proponents of the people’s initiative probably submitted the signature pages “for practicality.”

The signatures, Garcia stressed, have no expiry date and may still be used whether the petition is formally filed this year or in subsequent years.

Garcia said the Comelec local offices are receiving the signature pages as part of their ministerial duty as provided for under a Comelec resolution.

Laudiangco, meanwhile, said the poll body is not inclined to extend the registration of voters beyond September even if a plebiscite for Charter change pushes through.

“As of now Comelec has not envisioned an extension of registration beyond Sept. 30, 2024, as a timeline for the preparatory activities for the May 2025 national and local elections must necessarily be conducted as stated,” Laudiangco said.

While the Comelec is mandated by law to suspend registration to give way to a plebiscite for Cha-cha, Laudiangco also stressed that the poll body needs to proceed with other preparations for the May 2025 elections, including procurement of election forms and supplies by October.

Last Sunday, Garcia said the Comelec would have to suspend voter registration once it begins the task of verifying signatures.

Garcia said that while voter registration, set to resume on Feb. 12, is unlikely to affect voter count for a prospective petition, it would pose a challenge to the commission if done alongside signature verification. “It will be very difficult because of the resources and manpower requirements,” he said.

Romualdez denies being PI initiator

As complications mar the signature drive for people’s initiative, Speaker Martin Romualdez denied the accusation of Sen. Ronald dela Rosa that he was leading the push in Davao City for such mode of Charter change.

“I don’t know what he is talking about ... No orders,” he noted on the sidelines of the launch of Congress TV, a free-to-air digital channel dedicated to broadcasting the regular session of the House of Representatives on government-run People’s Television Network (PTV).

House Majority Leader and Zamboanga City Rep. Manix Dalipe also denied Dela Rosa’s allegation.

“The Speaker has already thanked the Senate for finally taking action on our push to amend certain economic provisions of the Constitution,” he said.

Dalipe maintained the House has been pushing for this amendment since 1987 and “this has been an advocacy of the Speaker since he became a congressman...”

Senate Majority Leader Joel Villanueva called on the public, especially those who signed for the people’s initiative, not to be afraid to withdraw their signatures and file complaints if they had been misled.

“If someone has been asked, offended, wants to complain and withdraw their signatures, don’t be afraid to report it. Send or post a video, picture or screenshot of bribery texts,” Villanueva said in a video message, pointing out that Charter change is not the answer to serious problems in the country.

Abalos clarifies DILG exec’s statement

A ranking official of the Department of the Interior and Local Government (DILG), meanwhile, is in hot water over his statement that barangay officials involved in the signature campaign may face sanctions.

At a press conference, Interior Secretary Benhur Abalos maintained that the pronouncement of DILG Undersecretary for barangay affairs Chito Valmocina on Saturday was his own personal position and not the official position of the department. He said he has ordered Valmocina to explain the gaffe in writing.

“I want to clarify, number one, these are just his (Valmocina) opinion and this is not the official stand or position of the DILG with reference to the matter on the role of the barangay officials in this people’s initiative. This is a sensitive issue,” Abalos said.

At the Saturday News Forum in Quezon City, Valmocina said barangay officials should not campaign for the people’s initiative, let alone comment on the matter, and that village halls should not also be used for the gathering of signatures.

At the same time, Abalos said he already wrote Comelec’s Garcia to clarify a resolution issued by the poll body on the role of the barangay captains and officials in partisan political activities, including the signature campaign under people’s initiative. The resolution was dated April 8, 2022.

“The Comelec en banc resolution stated… that elective barangay officials be exempted from prohibition (on electioneering) under section 261 of the Omnibus election code,” Abalos said.

Meanwhile, workers belonging to different trade groups are marching to the Senate today to express strong objections to Charter change.

Labor coalition Nagkaisa said the Senate should enact the P150 across-the-board wage hike instead of rushing the convening of constituent assembly for Charter change.

“Instead of getting bogged down in endless discussions about Charter change, we urge Congress to focus on the immediate needs of the Filipino workers,” the Federation of Free Workers said. – Sheila Crisostomo, Cecille Suerte Felipe, Bella Cariaso, Ghio Ong