Comelec rules out Cha-cha plebiscite with 2025 polls

MANILA, Philippines — A synchronized plebiscite to amend any provision of the 1987 Constitution cannot be done together with the May 2025 midterm polls, Commission on Elections (Comelec) Chairman George Garcia said yesterday.

According to Garcia, a direct amendment to the Constitution such as adding a phrase “as provided for by law” or changing a provision on land ownership requires a separate and single plebiscite “so that people can focus on whether they should allow such amendment or not.”

Garcia also noted that a previous Supreme Court ruling prohibited the holding of a regular election simultaneous with a national plebiscite. 

“I hope (they) will be able to review a Supreme Court ruling … The Supreme Court says in that case that you cannot include a plebiscite for the amendment of the Constitution and regular elections,” he said in a television interview.

Garcia explained that the high court ruling emphasized the need for voters to focus on choosing a leader during regular elections.

“If it is amendment, focus on the amendment, if it is elections, focus on the elections simply because you are not amending a simple law, you are amending the Constitution, the very heart of our democratic processes,” the poll chief pointed out.

Garcia said there are three modes to amend the Constitution – constitutional convention, constituent assembly and people’s initiative – all of which end in a plebiscite.

The plebiscite is required, he said, because the people have to be consulted on whether or not they will allow a particular amendment.

In case the constitutional assembly can pass an amendment before the end of the year, Garcia said the Comelec still cannot conduct a plebiscite between two scheduled elections in 2025.

“I would like to announce, we cannot hold such a plebiscite in 2025, the most that we can hold that is in 2026,” he said, noting that the poll body cannot squeeze a plebiscite between two national elections.

By the last quarter of 2024, Garcia said the Comelec would already be at the peak of preparations for the May 2025 midterm polls.

“If you are to conduct a national plebiscite, there is a lot of logistical problems, because you will not only consult Filipino voters in the country but also Filipinos abroad,” he said.

He said some P13 billion is needed to conduct a national plebiscite. 

Separate

A ranking leader at the House of Representatives said a plebiscite for Charter change separate from regular elections is preferable, noting that holding the plebiscite with the May 2025 elections may “politicize the issue further.” 

At a news briefing yesterday, House Majority Leader Mannix Dalipe said holding the referendum with either midterm or presidential elections will not be good for such a crucial issue as amending the Constitution, even if just for economic provisions.

“It might only be politicized. As early as now it has already been politicized, right? How much more during regular elections? So, if you were to ask me, I think we would like our voters to decide on a matter where they would think of this issue only,” Dalipe explained. 

He made the remarks after Sen. Sonny Angara, chairman of the sub-committee on constitutional amendments, suggested it would be practical and best to hold the plebiscite for Charter change alongside the senatorial elections in May next year. 

The committee is deliberating on Resolution of Both Houses 6 – authored by Angara, Senate President Juan Miguel Zubiri and Senate Pro-tempore  Loren Legarda – which will pave the way for the lifting of prohibitive economic provisions in the Charter. 

The House leadership under Speaker Martin Romualdez passed the bill in March 2023.

‘Dalipe? Who is he?’

Senators will not take up the challenge of Dalipe to make public their position in the effort to amend the 1987 Constitution.

“Who is he?” asked Senate Majority Leader Joel Villanueva when asked by reporters about the call of Dalipe, who dared senators to bare their stance on Charter change.

Senate Minority Leader Aquilino Pimentel III said he would make his stand on Cha-cha after consultation with experts and other resource persons on the RBH 6, a proposal to amend the economic provisions of the Constitution, particularly public services, the education sector and advertising industry.

“At the proper time, the vote in the Senate will be by roll call or nominal voting, hence we will know the stand of each senator. At this stage when we are listening to ‘experts’ and other resource persons, we should be allowed to keep an open mind. Otherwise, what is then the point of all these consultations if we have already made up our minds at this time?” Pimentel added.

Meanwhile, Sen. Risa Hontiveros defended her position against economic Cha-cha, saying that “so much of the Philippine economy is already open to foreign participation.” 

She said there are laws and pending legislation targeted to liberalize the economy. Among them are RA 10641, or amendments to the Foreign Bank Liberalization Act, the Retail Trade Liberalization Act, Public Service Act and Foreign Investments Act.

“There is no need to do Cha-cha to increase jobs, eradicate poverty and increase the quality of life in the country,” she stressed, adding her commitment to look out for proposals that will make the country vulnerable to foreign takeover and exploitation.

The Senate is united in its stand against the people’s initiative, Sen. Imee Marcos said yesterday, as she appealed to members of the House of Representatives to drop the signature campaign.

In a chance interview, Marcos said the Senate is being attacked on a daily basis by the other side, referring to the bickering among senators and congressmen on the issue of people’s initiative. — Delon Porcalla, Cecille Suerte Felipe, Ramon Efren Lazaro