Kinumpirma ng Commission on Elections (Comelec) na nakatanggap na sila ng mga pirma para sa “People’s Initiative” kaugnay sa isinusulong na pag-amyenda sa 1987 Constitution o Charter Change (Cha-cha).
Itinanggi naman ni Comelec Chairperson Atty. George Erwin Garcia na gagamitin ng kanilang ahensya ang dagdag na P12 bilyon sa kanilang 2024 budget para sa isang plebisito para maituloy ang Cha-cha.
Ang magiging papel ng Comelec sa isinusulong na Cha-cha at iba’t ibang isyung kinakaharap ng kanilang ahensya, alamin sa kanyang buong panayam sa #TheMangahasInterviews
Itinanggi naman ni Comelec Chairperson Atty. George Erwin Garcia na gagamitin ng kanilang ahensya ang dagdag na P12 bilyon sa kanilang 2024 budget para sa isang plebisito para maituloy ang Cha-cha.
Ang magiging papel ng Comelec sa isinusulong na Cha-cha at iba’t ibang isyung kinakaharap ng kanilang ahensya, alamin sa kanyang buong panayam sa #TheMangahasInterviews
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NewsTranscript
00:00:00 [Music]
00:00:05 Is the Charter Change still ongoing this year?
00:00:09 There are many issues to be faced and preparations to be made,
00:00:14 according to Comelic Chairman George Erwin Garcia.
00:00:18 Our guest,
00:00:19 I think this is the flavor of the month guest because of the Charter Change,
00:00:25 Comelic Chairman George Erwin Garcia.
00:00:29 What is really happening here in Chacha?
00:00:32 Good day, Chair.
00:00:34 Good day, Ma'am Malu and good day to our viewers.
00:00:36 I thought it was the flavor of the month again.
00:00:38 Yes, it's always the same.
00:00:41 Okay, tell us,
00:00:44 what are the signatures you received?
00:00:47 750+ cities and municipalities,
00:00:50 but there are no petitions yet.
00:00:52 What is the score?
00:00:54 Today, there are more or less 800 municipalities and cities
00:01:01 and more than 100 districts are involved.
00:01:05 All the districts in the Philippines are 253.
00:01:08 So whoever is the proponent and the one pursuing the People's Initiative,
00:01:12 they need to have 253 districts to get 3 percent of the signatures.
00:01:19 You know, that process is right.
00:01:22 Even though there are no formal petitions filed in Comelic,
00:01:25 based on our guidelines,
00:01:27 the signatures collected in each city or town
00:01:31 should be submitted to our local Comelic.
00:01:35 Our local Comelic will count the signatures in the signature forms.
00:01:39 If the proponent said that they have five thousand signatures submitted to this city or municipal election officer,
00:01:47 our election officer will look at the signatures and if they are really five thousand,
00:01:50 and if he's content with the five thousand without yet verifying the signatures,
00:01:55 there's no verification that it will happen,
00:01:58 he will issue a certification.
00:02:01 He will issue a certification on how many signatures and number of forms he received.
00:02:07 It's likely that the certifications that the proponent received in the Philippines,
00:02:12 in each district, will be annexed by their petition.
00:02:17 That's the situation. There will not be a sufficiency in form and in substance of the petition
00:02:24 if the certification that they received is not in our local Comelic.
00:02:28 So technically, the Commission on Elections does not have a jurisdiction.
00:02:33 All right. Now in total, 253 congressional districts, 3 percent of all voters in each district.
00:02:41 We have 149 cities and 1,450 plus municipalities.
00:02:48 It means that only half of the votes will be submitted to you.
00:02:52 More or less, less than half of the 253 votes will be submitted to each district.
00:02:59 But the number of cities and municipalities is around 800.
00:03:04 Why? There's a possibility of a mistake.
00:03:07 What they're doing is, for example, in one city or district,
00:03:12 there are 10 cities and 1 district.
00:03:15 There's a possibility that the proponent only concentrated in one city or district,
00:03:20 and did not include other cities there.
00:03:22 The Constitution of the Constitution says 3 percent per legislative district,
00:03:27 not 3 percent per municipality or city.
00:03:31 So 3 percent is too small. If 250,000 registered voters, that's around 7,500.
00:03:37 So there's a possibility that their strategy is to only get votes from one city and not from other cities.
00:03:43 That's why the municipalities and cities are not getting that many votes.
00:03:48 So currently, it's correct and we cannot determine if the first city or district to be submitted to us is their 3 percent.
00:03:57 There's a possibility that the citizens within the district will still submit additional signatures to that district.
00:04:06 Okay. Chair, your rule is that there should be no government or government officials behind this signature.
00:04:16 Who are they? Who is behind the signature?
00:04:19 How did they have the capacity for this kind of operation?
00:04:23 I think there's a promise of assistance if they will sign.
00:04:28 You're right. We have the Cominec Resolution 10650, which was promulgated in 2020.
00:04:34 In that resolution, in section 16, it states that public funds are prohibited, especially if it will be used to distribute signatures.
00:04:43 But we admit that those who will sign, especially those who have high positions,
00:04:49 are behind the signature and they will not face and will not be affected.
00:04:52 It's also certain that if a petition is filed against us, it's not their names that are included.
00:04:59 But if there are accusations and allegations, especially in the use of the country's funds,
00:05:03 number one, if this is a public fund, it's used, it's under the jurisdiction of the Office of the Ombudsman.
00:05:09 We don't have a signature buying case at the moment.
00:05:13 We have vote buying. Vote buying will only be included if it's already an election period.
00:05:18 If there's no election period, we don't receive formal petitions from them.
00:05:23 If the local officials are using it, especially in the barangay, the jurisdiction is the DILG, not the Commission of Elections.
00:05:33 Even though, we will verify the signatures, if we will reach that point, we will go to that point later,
00:05:41 we can exclude signatures simply because there's a proof that A, B, and D received money from that public fund,
00:05:53 or if it's private, so that they can sign, they can use it to remove the signature of that person.
00:06:00 All right. Now Comelec, sir our problem with the Santiago v. Comelec 1997 ruling is that there's no law yet that determines how the People's Initiative will be formed.
00:06:14 Are you the one who will be the first to do the things that have signatures, there's no law to govern the People's Initiative?
00:06:21 Although ma'am, I have a personal opinion on that. I don't want to preempt it because later on, that will be the issue when it's passed.
00:06:29 But that's a wrong decision. It's better for our countrymen to see it. Maybe they have time to see it.
00:06:37 You're right in your point. The Santiago v. Comelec, that's why it was dismissed, the Supreme Court said there's no law.
00:06:43 The Republic Act 6735, the initiative, the referendum law of that time, the author of that law is Senator Raul Rojo,
00:06:51 the law is not enough to amend the referendum law through the People's Initiative.
00:06:57 In 2006, there's another case, the case of Lambino v. Comelec. The case of Lambino was dismissed not because of the absence of a law.
00:07:07 We were wondering why it was dismissed because it was said that 6735, it hasn't been amended and hasn't been amended.
00:07:15 At that time, 6735 is still there. The case of Lambino was dismissed because of the signatories who made supporting petitioners.
00:07:23 The Supreme Court said they should be the main petitioners. So where is the absence of a law?
00:07:29 Mr. Lambino filed a motion for reconsideration. In the motion for reconsideration, it was stated in the last part that the Supreme Court said
00:07:39 that there are 10 magistrates who said that the Republic Act 6735 is a sufficient law to amend the referendum law through the People's Initiative.
00:07:50 We can include that as part of the commission's disposition later on, when we determine the sufficiency in form and substance.
00:07:59 We just want to emphasize that the work of Comelec, from the acceptance of signatures until the acceptance of petition is purely ministerial.
00:08:09 We have no discretion in all of those things.
00:08:13 But chair, the case of Lambino v. Comelec, according to other lawyers and case digest, was not revisited or revised, the case of Santiago v. Comelec.
00:08:23 In fact, there can be a plebiscite on national issues, but not on constitutional amendment.
00:08:30 Please clarify that. Is it like we're stretching the Lambino v. Comelec ruling of the Supreme Court?
00:08:37 That's the good thing, that it can be revisited and that's the legal issue that will be resolved later on by the Supreme Court.
00:08:45 Whatever the disposition of Comelec, for example, we did not approach the petition, there will be people who will bring it to the Supreme Court
00:08:53 to question and say that that's the right law. This is the right opportunity to settle once and for all.
00:09:00 The Supreme Court reversed the case of Lambino. Did the Supreme Court say that there's a sufficient law, and that's the Republic Act 6735.
00:09:08 That's the legal issue that to a certain extent, at least someone will bring it to the Supreme Court to settle once and for all.
00:09:16 Okay. Chair, let's go back to the back story. There's a plebiscite that will be held and a fund will be provided,
00:09:23 the P12 billion that you were added for the conduct of plebiscites, referendum, et cetera.
00:09:29 That's 13 billion, not just 12 billion. It's possible that the amount of P12 billion will be added for items of referendum, recall initiative
00:09:38 and other election preparation and one item for P1 billion for preparatory national and local election.
00:09:44 That's true. We did not ask for P12 billion, especially for a people's initiative because there's no people's initiative that we're discussing
00:09:51 when we propose a budget. The truth is, let's put it in the right perspective, the COMELEC reduced P17.4 billion when we defended the budget
00:10:03 in our Executive Department. That P17.4 billion is a huge amount for the preparation of national and local election,
00:10:11 if the spending is one year before the election. We removed our item for voters' education and information,
00:10:19 we also removed the item for IT equipment that is needed for the preparation of the election. We also removed the budget for internet voting,
00:10:27 which we want to continue internet voting. When we were in the House, we kept asking for the people to return it.
00:10:35 Unfortunately, no one returned it. When it came to the Senate, unfortunately, no one returned it.
00:10:40 When it came to the Bicameral Conference Committee, we are not a participant. We have no participation in that. When we signed our general appropriation for 2024,
00:10:51 we suddenly had a budget of P12 billion for the item that I mentioned and P1 billion for PNLE.
00:10:58 That's why many are wondering and many are worried because they returned it to us, but not to the items that were submitted,
00:11:08 but to the new items that were submitted. For us, as part of the agency, we don't care where the item went.
00:11:15 We will use it for the national and local election of 2025. That's the reason why last week, when we learned that we have an additional budget,
00:11:26 we immediately asked our people here to ask what allocation we will put in those funds, especially in the first quarter.
00:11:37 What are the items that we need to take out and return to those items. Again, we are not talking about people's initiative or plebiscito because again,
00:11:48 they will not get the item that is not intended for that.
00:11:52 All right. So chair, you will insist that the Comelec is a constitutionally financially independent agency because you are a constitutional body.
00:12:01 Even if the Congress says that we put P12 billion for plebiscito, for chacha, you will have your own discretion where you want to allocate those funds?
00:12:12 Yes. That's called fiscal autonomy and that is without disrespect to other agencies of our government.
00:12:19 Of course, Comelec knows how we will spend those funds based on our plan, especially that not only in May 2025,
00:12:30 the national and local elections will be held. Comelec will hold the barangay and S.K. election five months later.
00:12:37 Those are two simultaneous elections that we will hold. Again, it's the first time that such a big election will be held in just one year,
00:12:46 and it will be held in just a few months. Therefore, it's a big expense.
00:12:50 In one plebiscito, more or less 13 billion is spent. Maybe that's why they thought that they will use that for the plebiscito.
00:12:57 If we are forced to conduct a plebiscito in a people's initiative or any kind of mode of changing the Constitution,
00:13:05 we should be given an additional budget for that. But this is for other reasons.
00:13:11 That's what Comelec is thinking. For example, we were zeroed in overtime. We were not given a budget for overtime in PNLE.
00:13:21 Therefore, we will get the budget that we were given for overtime of our people in the country.
00:13:28 That's a lot, six thousand will have overtime due to the preparation. Remember, we will start registration of voters on February 12 until September 13.
00:13:39 We will have a lot of expenses. The deployment is included. Our deployment is zeroed.
00:13:44 Later on, the machines and election paraphernalia cannot be zeroed. That's almost two billion, the deployment.
00:13:51 We will return the items like that. Whatever others mentioned, of course, Comelec will always insist on our fiscal autonomy.
00:14:01 It's wrong to get information, especially from Congressman Saldi.
00:14:09 Okay. So you will insist on your fiscal autonomy. But the problem is, you said if they want to have a plebiscito for chacha, you need to add funds.
00:14:20 That's what was planned for that. How much will that amount to?
00:14:24 It's 13 billion, ma'am Malu. The voters are not only our countrymen, but also our countrymen abroad.
00:14:33 In a national plebiscite, our overseas Filipinos will be included as voters. That's how much it will be.
00:14:39 Therefore, it's based on the immediately preceding election, as stated by the Republic Act 6735.
00:14:45 That's 68 million plus 1.4 million overseas Filipinos. That's how wide and that's the amount of funds we will need if it will continue.
00:14:56 Again, in a people's initiative, even in a constituent assembly, even in a constitutional convention,
00:15:03 it will always end with a plebiscite that is a yes or no to ask if Filipinos will allow to change the law.
00:15:12 If 13 billion pesos is the amount of funds needed, you said about 70 million voters.
00:15:19 How much will the unit cost of each voter, yes or no? That's how much will be spent.
00:15:24 That's right. That's why what will happen is, if we say that 13 billion divided by 70 million, that's the per capita that we need to spend on a plebiscite.
00:15:40 Of course, in every plebiscite, especially if there are changes in the Constitution, that's how much we will spend.
00:15:49 To think that we have national and local elections, the expenses are high.
00:15:55 In the national and local elections, it's 25 billion. In the preparatory elections, it's 22 billion.
00:16:00 That's how much our country's election is getting expensive.
00:16:03 All right. It's about 2,000 pesos per voter, the cost of a plebiscite. Is that right?
00:16:08 You're right. That's manual. Our plebiscite is manual, yes or no.
00:16:15 According to the Constitution, to win a yes to a proposal, the majority of the vote cost should be obtained.
00:16:23 That's a big amount. This is not a plurality.
00:16:26 What does it mean? If our voter has 68 million, 50 million voted, the proponent should get 25 million plus one.
00:16:35 All right. Now chair, tell me how about the certification. You said you're only doing level one, ministerial duty.
00:16:45 Level two, confirm the substance and form if it's sufficient. How do you confirm that?
00:16:52 You don't know if the person is a person. Will you call the voters one by one? How is the certification process?
00:17:00 The second stage is the one we need to file for our petition. That's the trigger.
00:17:06 That's the trigger that will start. That's what will happen to all. Technically, the commission of elections doesn't have a jurisdiction.
00:17:14 We are told to handle the signature buying, etc. If you look at our omnibus election code, our power is not yet included.
00:17:24 Now, when our clerk of the commission filed a petition, the signatures are not included.
00:17:33 We said 12 percent in the entire Philippines, that's more or less 8 million. We said they collected 8 to 10 million.
00:17:40 That's not included in the petition because all signature forms were left to the local commonwealth.
00:17:47 We will base it on the certification that was issued to us plus the certification that was sent to our clerk of court.
00:17:56 Our clerk of court will look at the things on our checklist. Number one, is there a certification of the total number of registered voters in the entire country,
00:18:04 in every district. Number two, are the certifications that we are looking for there. Number three, did they pay the filing fee.
00:18:11 Number four, is it verified. That's the form. Substance. That's why we are ministerial. If you see it, we will look at it.
00:18:17 We don't have discretion. Next is substance. Is there a provision of the Constitution that they want to change.
00:18:24 Number two, is there a change that they want to put in the provision of the Constitution. That's more or less the substance.
00:18:31 You're right. We might reach the point of decision if the Republic Act 6735 is sufficient or not.
00:18:38 It should be determined by the determination of substance. There's no determination yet if the signatures are fake,
00:18:46 if it's a product of the threat of terrorism. There's no determination yet. The determination of sufficiency in form and substance.
00:18:52 If we say that it's sufficient in form and substance, there's no choice, everything is there, it's on our checklist.
00:18:59 We will order our local communications to verify the signature, each and every signature.
00:19:06 We will know if it's a voter's signature. Number two, is it a voter's signature based on our existing records, our voter's registration records.
00:19:15 Of course, we will accept the signatures that they don't want to withdraw. We will accept the evidence that says it was bought to remove the names.
00:19:25 It doesn't mean that the names submitted are permanent. We have the authority to remove each and every signature depending on the circumstances
00:19:36 of why the signatures should be removed. According to the rules, we have more than 60 days to verify the signature.
00:19:45 That's the limit that our period has given. The reason, if I may, we are thinking why there are timelines. It's easy to predict timelines,
00:19:59 as long as you have filed, it's easy. The movement of the Comelec is based on the periods that are included in the Comelec Resolution 10650.
00:20:08 For example, not more than 60 days to verify. After that, we will receive the verified signatures, if it's 3% or 12%.
00:20:18 If we determine that the 3% and 12% were achieved nationwide, we have only 60, but not more than 90 days to conduct the plebiscite.
00:20:30 That's the time limit that we have given to conduct the plebiscite.
00:20:35 Sir it's like an impossible job. For example, 10 million signatures or signatories. How many Comelec will verify the signatures?
00:20:44 If it was bought, if it was stolen, if it was used by public funds. How many Comelec personnel can verify 10 million signatures? Let's put it at 10.
00:20:56 You're right. It depends on where the proponent concentrates to get the signature. For example, instead of getting signatures from all the cities and towns in one district,
00:21:09 they concentrate to one town because they think that 75 is enough. Our local Comelec is pitiful because it has one or two election assistants who will verify the signatures.
00:21:19 We will probably use election officers from other cities who will not verify because they didn't get signatures from each of them to help our local Comelec.
00:21:31 Therefore, we might sacrifice the activity that we're doing at that time, which is the registration of voters.
00:21:39 We cannot entrust the registration of voters to others. Therefore, those two activities will be used by practically the same people in each activity.
00:21:54 On the verification of signatures, does Comelec have an emergency or SOS center? For example, some supposedly signatories will complain that they didn't get the signature or bought the signature.
00:22:09 Where can people lodge a complaint to help with the verification process?
00:22:18 It should be done to all local Comelec. We cannot allow their verification. Meaning to say, discretion.
00:22:26 It was mentioned in the law and in the regulations that our local Comelec, our election officers, have the authority to verify.
00:22:35 If there are people who will withdraw, there are evidence that can be presented about the purchase or giving something, money or in-kind,
00:22:44 so it should be signed to all of them. We don't want to involve in that process because again, the process should not be done politically in the verification.
00:22:53 It's really hard to be careless because again, this is the first time we will do the verification if we will reach that point.
00:22:59 Let's see if they will file a formal petition. Because at the moment, they are gathering signatures and we are far from 253 so far in the Philippines.
00:23:13 We don't know when they will file that. Again, I just want to say that it's very hard if we will go to the plebiscite next year.
00:23:22 It's very hard because the next year is a national and local election and the Supreme Court has a decision that a plebiscite should not be at the same time
00:23:31 in the change of the legal system in our national and local election. So that the citizens can focus on what is being changed in the legal system.
00:23:42 So if you will be the one to choose, it means that the plebiscite should not be held now because there's a 2025 May national and congressional election,
00:23:52 congressional and local elections and there's an escape.
00:23:56 If we can say it, we hope not. That's why we insist that this is the duty of the Commilete, it's in the Constitution, the law and the law.
00:24:07 So again, we will have to perform these duties. In the meantime, our instruction to our local Commilete is to receive the signatures and count them one by one based on our guidelines.
00:24:19 We are going to tell the Filipino people, we will abide by the rules. We will not show a shortcut here.
00:24:28 Whatever is in the rules, it will take a long time and the process is tedious. What can we do? That's the process that the Commission should observe.
00:24:36 Chairman, you are a lawyer. The petition that is being circulated in English, the proposal for the Senate and Congress to vote as one.
00:24:47 But there are some episodes that he read in Filipino, that text. How is that?
00:24:56 Most Filipinos have no knowledge of the Constitution. 70 percent have no knowledge.
00:25:04 Some say there are 50 plus percent, almost 60 percent, that they don't want a charter change ever, now, in the next year or ever.
00:25:15 How did there suddenly happen so many signatures and in English? Did the signatures make sense?
00:25:21 The proponents should, when they formally filed in the Commilete, they have an obligation to convince us that the signatures in their signature forms are understandable.
00:25:32 They signed it. It's not the obligation of the Commilete. It's their own.
00:25:35 It's the same with the case of Lambino versus the Commission on Elections.
00:25:39 It's not enough that they will just sign signatures on the petition that will be filed in the Commilete.
00:25:45 The obligation belongs to them and not the Commission on Elections.
00:25:48 My question is, those signatures, who brought them? How did they get to the Commilete? Who is behind it?
00:25:56 Because there are probably a lot of folders, stacks of folders. Who reached the Commilete?
00:26:03 Are there telltale signs behind those signatures? Because no clear proponent is standing in the local level.
00:26:11 There is one who said that the signature is of Mr. Noel Oñate, but he doesn't figure out.
00:26:16 As somebody with a lot of money to finance the massive signature procurement.
00:26:22 It's limited if there are people who go to our local Commilete and bring their authorization to submit it,
00:26:29 at the same time, the authorization is included to receive the certifications that our local Commilete is issuing.
00:26:36 It's limited in each town and city. The authorizer is different.
00:26:43 Sometimes, the organization goes to the local Commilete and say that they are pro-amendment of the Constitution,
00:26:51 of the Constitutional Law and that's why they submit.
00:26:54 But later on, we will know all of that when they file the petition, because the proponent will surely be there.
00:27:04 As we can see in the forms that are being submitted, there is a name that is included.
00:27:10 It's likely that the name is the petitioner or the proponent or he is a member of an organization that will stand and say that they are behind this.
00:27:23 Okay. Now Chair, you said that the voter registration might be affected and that this February, it should start again.
00:27:31 You will prepare for the automated election system for May 2025.
00:27:36 What is the permission or the requirement that this firm will issue for the Commilete?
00:27:42 If we will have a plebiscite, as per the law, there is no registration of voters 120 days before a regular election and 90 days before a special election.
00:27:54 The plebiscite is a special election. If we will be able to conduct a plebiscite, we will have to suspend the registration of voters.
00:28:06 Therefore, the resumption is likely after conducting a plebiscite. That's how long the suspension of registration is.
00:28:15 We would like to register three million Filipinos because our projection is that there will be three additional million Filipinos in our list of voters.
00:28:24 We might not be able to accomplish those three million. Again, if we will be informed that there is such a thing, because we will suspend the registration,
00:28:34 the queue for registration sites will be very long. Even if we will do it in malls and public places, our countrymen will surely line up to register for the 2025 national and local elections.
00:28:50 It means that there is a possibility of an injured party. Those voters who want to register 18 years old and above and others,
00:28:59 if there will be a plebiscite, they will not be the ones who will shout, come elect, don't neglect us. Because of that plebiscite, we will not be able to register.
00:29:08 You're right on that. But then, our call is that, at this point, it's very preliminary and premature and presumptuous, but I hope our countrymen will understand that we have no interest in what will happen.
00:29:24 Who would want to add work to what we're doing, which is not ready to work. We will do everything we can to accommodate our countrymen.
00:29:36 At this point, we're still presumptuous. We don't know if we will use those signatures.
00:29:43 As a result, there's no date when signatures can be used. Maybe they will not use it this year, maybe they will use it next year or maybe they will use it in 2026.
00:29:54 We have not seen anything clear that formal petition will be filed against us.
00:30:02 All right. So it means that those signatures cannot be used. The question is, what other signatories said, the promise was not immediately given, but assistance under what's called AICS,
00:30:16 Assistance to Individuals in Crisis Situations. But there's no assistance yet. It means that there's a signature that was bought and our government agencies are involved.
00:30:29 Is that not enough for the COMELEC, out of its ministerial duty to investigate what really happened and who is the magic in this signature?
00:30:41 To consider those actions as criminal, there should be a law that punishes those as criminal. An act cannot be criminal if there is no law punishing it.
00:30:52 According to our omnibus election code, the COMELEC is not empowered to promulgate laws which will make criminal an act. We cannot do that.
00:31:01 You know, it's best to be cautious on that point, especially on the use of assistance.
00:31:05 Tomorrow, the Senate committee of Senator Bato de la Rosa will have a hearing. Your services will be attended by the COMELEC leaders on the issue of assistance used in the signature gathering.
00:31:18 It's best to be cautious on that point, on the effect of assistance and the wide implications to our countrymen.
00:31:27 All right. Now, people are saying that they were surprised. Either the COMELEC was surprised or you were suddenly given additional work,
00:31:36 or some people have a doubt that the COMELEC is in on it from the beginning.
00:31:40 Do you have the knowledge, those who are in Congress, the proponents of CHA-CHA, did you say or do you have the knowledge ahead of you
00:31:53 when you gave P12 billion in additional funds for CHA-CHA? What is the true story?
00:32:00 You know, after we heard from the Senate, we know that we cannot add funds. We have no follow-up whatsoever.
00:32:09 Do you know where we first got the information that we have additional funds? Until now, we haven't gotten a copy of the GAA, the one signed by our President.
00:32:20 We don't have a copy of that. A legislative department called us and said, especially to the Senate, that you have P12 billion.
00:32:30 Where will you use that? We don't know that we have P12 billion because otherwise, it was mentioned in the Senate hearing.
00:32:38 It means that from the first week until the second week of January, we don't know that we have P12 billion.
00:32:44 That's why it's a welcome development for us that we have P12 billion because at least we can fund what we were given zero.
00:32:52 Otherwise, they would have told us that you have funds and we will use it for this. That's why we will prove that we don't know anything.
00:32:59 We will use it. They will just wait for the first quarter. We will reduce and reduce. If it's really included in the plebiscite,
00:33:07 shouldn't we reduce it? We will reduce it to other items so that it has a relation to the plebiscite.
00:33:15 So your commission election has no knowledge. That's why we will perform it.
00:33:21 The bicameral conference committee released the P12 billion because there's a supplemental budget that was added.
00:33:29 The proponent is the House of Representatives. They said that what was mentioned in the news was for Congressman Elizalde.
00:33:36 They said it's for Chacha. When you heard that, what was the stage?
00:33:41 The second week of January going to the second week because the Senate Budget Office coordinated with us and said that we have P12 billion.
00:33:51 The Director of Finance called me and said, sir we have an additional budget, more or less P13, with P12 and P1.
00:34:01 I said, what items were added? Did it go back to the previous one? No. Why is it there? Why did it go there, while the removed items are here?
00:34:10 At that time, there's no clarification regarding the P12 people's initiative.
00:34:14 It was only here in the last two weeks that there was a clarification regarding the people's initiative.
00:34:21 Maybe it's a good thing that it was reduced because P13 billion was returned to us.
00:34:28 That's why it's for other items. It's for other items. It was included in the recall initiative, referendum, and other election preparation.
00:34:38 That's why we said it's for other election preparation or we will assign it to the national and local elections.
00:34:45 Again, we will request the DBM for the initial budget of P12 billion to use in preparing for the national and local elections.
00:34:55 What will you buy or use?
00:34:58 We will buy overtime for the preparation. We need to buy overtime for all of our people, including the registration of our voters, which will start on February 12.
00:35:08 Number three, the deployment. It's too early and we need to procure the deployment because the deployment of goods in the Philippines is being prepared,
00:35:18 especially since we will use new machines. Number four, our internet voting.
00:35:24 We were given zero in the budget of the Executive Department, but now we have that budget and we will continue internet voting in our country and there are many other items.
00:35:35 All right. So it sounds very good, Chair, that you will force your fiscal autonomy.
00:35:41 But maybe it's better to make it clear that Angkomelek is a partner in crime, whatever the plan is.
00:35:49 Make it clear where you will spend the P12 billion and you will insist on the appropriate spending items that you want to support.
00:36:00 Maybe it will be clearer. Otherwise, it will be on people's mind that you will be included in the story from the start because you have P12 billion.
00:36:09 That's right. That's what we will do to our public. We will use the first quarter until the second quarter because of the critical preparation for the national local election.
00:36:23 That's in detail. Actually, we submitted the direct departments involved in the use of the P12 billion. For example, where did you see zero in voters' education and information, meaning zero budget.
00:36:37 We removed the budget. The most important thing is voters' education and information. How can we explain to the citizens that this is the new machine that will be used in 2025.
00:36:46 These are the features of the machines in the whole country. We need to explain that. That's why we will return the funds that were not funded to our education and information department.
00:37:00 So don't worry to the citizens. We will make it clear. We will be very transparent. In the first place, these are public funds.
00:37:08 Again, at this point, why should we support or side with something that hasn't been funded by us. It's not right in the budgeting process.
00:37:16 You are budgeting when there's already something. They should not care about the things that are not clear and we have already been through some.
00:37:25 So it's easy to say, if there will be plebiscites in the charter change, the Congress should go ahead and add funds. Your estimate is P13 billion or more.
00:37:37 That's right. Let's see if it will be possible this year. Our plate is full. We have plebiscites that will be small.
00:37:50 It's not small. Actually in Bangsamoro, you remember there are 63 barangays that are being converted into eight municipalities.
00:37:57 In Marawi City, they are creating three more barangays. In Las Pinas, they are creating one more barangay.
00:38:03 We still have a lot of small plebiscites that are being conducted by the Communist Party, aside from the registration of voters.
00:38:12 At the same time, registration of our countrymen abroad. It's ongoing until September 30 up.
00:38:19 Of course, if our internet voting is full, we are explaining to our countrymen abroad how secure is the internet voting, how to do it and our input dissemination is massive.
00:38:34 Okay. So Chair, you are a very talented election lawyer. You have had a lot of clients including governors, mayors, senators, congressmen and even President BBM when he ran.
00:38:48 Have you not been affected, or have you been pressured by these major proponents of charter change, even President BBM?
00:38:59 He said not to do it first, but recently he said it's okay as long as it's economic provisions.
00:39:05 How is the relationship with your former clients? Have you not been pressured?
00:39:12 You know, Ma'am Malu, first of all, we didn't want this position. For our country, this is a public service.
00:39:19 If it's right, that's what we will do. Because we are responsible for our duty to the Filipino people, not just anyone.
00:39:27 There might be people who are our children, who support us. But when we took the position, along with my colleagues in the commission,
00:39:35 that's for the country to serve. Therefore, what's good for the country and what's in the Constitution and the existing laws, that's what the commission will follow.
00:39:44 We have no discretion except to enforce and administer election laws. We cannot be political.
00:39:52 We cannot be political and that's why I said, you saw what we said, if it's there, we will accept it.
00:39:59 We cannot refuse because it's in the guidelines and rules. If we file a petition, we cannot rush it.
00:40:05 They cannot rush us and we are not tied to the timelines or deadlines because the Republic will always be independent.
00:40:13 This is what we have proven most recently in the keynotes of your commission on elections.
00:40:18 All right. What they said, and I'm sure you've been monitoring the opinion columns, the news that this is just phase one,
00:40:27 that the Senate and Congress will vote as one. Phase two is term extension or no elections or shift to parliamentary system.
00:40:41 Do you read and listen to those stories?
00:40:44 Yes. You know, those things depend on what changes our Constitution provides.
00:40:52 Of course, we have no choice because we are just there to implement and enforce election laws.
00:40:59 Therefore, those things depend on the political arm of our government and of course, the citizens.
00:41:06 That's why I'm calling on our countrymen, I've been saying this for a week, let's not just file a petition or file a paper
00:41:14 or any document that we cannot understand the implication of because you know, even in our ordinary life,
00:41:21 a document is very important that can affect our future, our life. That's why we should know how we can be affected by it.
00:41:30 Is there a chance that because you will be tied to the timelines, if there's a plebiscite, the voter registration will be postponed,
00:41:38 you will lose enough time to study the automated election system that only has qualified proponents
00:41:45 and there are questions to the candidates in Congo and Iran that became problematic.
00:41:52 If there's such a situation, is there a possibility that the May 2025 elections will be postponed or we will be no-el next year?
00:42:01 As long as we are lucky, we will not allow it to be postponed because we are mandated by the Constitution that the election is every three years
00:42:10 in our midterm elections. Therefore, the term should be completed. When the term should be completed, there's no extension,
00:42:18 we don't have holdover capacity in our Constitution. Therefore, we will conduct the election at all costs, whether there's a machine or not.
00:42:26 But we will commit that there should be a machine because we have an automated election law.
00:42:31 We will not divert our attention to such kind of work that can be done because our focus is the preparation of national and local elections.
00:42:43 We will have the election by 2025. That is our commitment. However, if there's a change in our laws, especially the Saligang Batas,
00:42:51 the Commission on Elections will not be able to control that.
00:42:55 In the past years, the barangay elections were postponed. You said you don't want to postpone it, but it was postponed.
00:43:05 The May 2025 elections, people have doubts. What will happen? Will it be continued or not? Because of the amount of work that is being done in the Comelec.
00:43:15 In the barangay elections, it's easy to postpone it because it's just a law. Therefore, in the political terms of our government, they can postpone it.
00:43:24 But the Saligang Batas, it's hard to defer the election because it's the most powerful law of our country.
00:43:33 They need to amend or change the Saligang Batas, which is not that easy to amend.
00:43:39 So as of today, the Comelec is mandated to conduct the election in May of 2025. At the same time, the Supreme Court said that we have barangay and SK elections
00:43:49 in December of 2025. That is our commitment and we will be committed to that. Therefore, let's see how these developments will move in the political aspect.
00:44:02 But the Comelec is hell-bent in conducting the national and local elections and the barangay and SK elections.
00:44:08 The AES for May 2025, only the MIRU systems are left, the bidder. But there are rumors that the recent election escapades of MIRU in Congo and Iran have become problematic.
00:44:24 The election officers in one country have paid taxes and the hacking in the other country. Are these what you're studying?
00:44:33 Maybe later, the system, the supplier and the history of its involvement will be problematic.
00:44:42 You know, first of all, for our countrymen to understand, we haven't been able to give them an award.
00:44:48 They are the only bidder and we haven't been able to give them an award. It's sad. You know, six bid documents were bought from us.
00:44:59 We expect six to participate. This is an open, transparent and inclusive bidding. This is a public bidding.
00:45:05 But we don't know why only one bidder participated in our procurement.
00:45:13 Don't worry, because the issues that are being exposed in social media, especially about the company you mentioned, are related to post-qualification.
00:45:23 In fact, this will start tomorrow. The machines will be brought here to show if this is compliant with our wish list in terms of reference.
00:45:35 Are all the features we are looking for there? At the same time, the security features, are all the documents they submitted true?
00:45:44 Are they lying? There's a possibility that even if one bidder participates, he can be disqualified.
00:45:51 Therefore, we will go to the third phase, the so-called negotiated procurement.
00:45:56 We will give them post-qualification because it's still at the level of our technical people and our special bids and awards committee.
00:46:06 All right. So if one bidder participates in the negotiated bidding, will he still be disqualified?
00:46:12 No. Because once it's negotiated, there are five or six. Let's say there are six bidders that we can choose, but they didn't submit because they lack documents.
00:46:23 They didn't catch up. They can set aside those requirements. What's important is, are you credible, do you have integrity, and at the same time,
00:46:30 is your background good and can you really supply 110,000 machines to the commission, even if it's just rented by Comelec and not to be bought?
00:46:39 How difficult is it to shift if the bidder wins? This is a new automated election system.
00:46:47 Will the training and adjustment of Comelec personnel be more difficult?
00:46:53 Actually, our ITD, Information Technology Department, is already used to it.
00:46:58 They already know the problems that have happened in the past.
00:47:01 That's why we believe that if there are new machines that will supply to us, we don't need their intervention.
00:47:09 Because in the end, our terms of reference, the technical aspects, we prescribe those. So we know how to operate that machine.
00:47:18 The election in the Philippines, I guarantee by 2025, will be fully an election which is fully governed and conducted by the commission of election.
00:47:28 There will be no intervention, no interference, no influence whatsoever. It will be operated by that machine.
00:47:34 You know, our countrymen are watching the machines. It's not just a machine. You know, it's just a machine, hardware and software.
00:47:42 It's just a scanner. If you put it in, you will surely eat the bag. It's just a scanner.
00:47:49 What we are watching is the other aspect of automated election system. What is that? Of course, the transmission.
00:47:56 You notice, we did not unbundle the transmission. For the first time, we unbundled the transmission in hardware and software for others and for countercheck.
00:48:05 The Comelec should be the one talking to the telcos, not any company. That's what we said. That's why it was unbundled.
00:48:13 At the same time, the Filipino people should be focused on the irregularities outside of the machines,
00:48:20 like vote buying, terrorism and manipulation of elections without any relation to the machines.
00:48:27 Okay. Maybe the issue is over. The Supreme Court has ruled out the 2022 elections. What can you say about that?
00:48:37 It seems that some are still not happy. Their group, General Eliseo Rio, that the ruling is not enough. Can you comment on that?
00:48:46 Even though I was a part of the 2022 elections as a commissioner, although I joined the Comelec late, you know,
00:48:55 whatever the standard set by our Supreme Court, for example, the Supreme Court said that the digital signature given to teachers is not needed.
00:49:03 The machines can be given the digital signature. You know, just a while ago, before this program, I was in a meeting,
00:49:12 and until now, the DEPEDA and DICT, because we want to give digital signatures to all our teachers.
00:49:19 Your service as the in-charge of the steering committee of the 2025 elections will not allow the machines to do everything possible
00:49:29 to give digital signatures to our teachers. Therefore, the digital signature of the machines cannot be imprinted if they don't have their own digital signature,
00:49:39 they cannot be sure of the results they received. Number two, even if the SD cards are configured, even if there's no observer,
00:49:49 it's okay as long as we show the diagram. That's not allowed. It should be from the start, how it's configured, what the Comelec is doing.
00:49:58 We always have an observer. We always have citizens arm or groups or interest groups invited because we're not hiding anything.
00:50:05 Especially the printing of balota. We will do that from the start until the printing of balota is done.
00:50:13 So it means that the Supreme Court set a standard. We wanted to go beyond that standard because otherwise,
00:50:20 there are still many issues that will arise if that standard is our guideline. We should continue to raise our standard,
00:50:31 so that not only in 2025, but also in the next election.
00:50:35 Sir, let's digress from the issue of Smartmatic, but you had a disqualification resolution and six out of seven commissioners voted that it's okay.
00:50:47 But you said that Commissioner Ferrolino said that it's a distant matter, the alleged bribery of former Comelec Chairman Andy Bautista.
00:50:58 How did Smartmatic's disqualification come about based on that issue that Commissioner Ferrolino said that it's not the point of disqualification.
00:51:08 The qualification of BIDER should be reviewed first. If there's an alleged bribery, there's no case in the Philippines or the United States. Please explain that.
00:51:19 Ma'am Malu, you know I really want to answer that question. The circumstances, how we arrived in the decision.
00:51:26 Of course, Ma'am Malu, in the Supreme Court, the case at this time, the petitioner there, the company mentioned, is asking for a restraining order
00:51:36 so that they can be allowed to participate in our procurement. So I can say that in answer to your question or query,
00:51:44 the Supreme Court can use that and may get angry with us. So that's it.
00:51:50 But I can tell you that our decision was based on conscience for the country. We will depend on whatever the Supreme Court will tell us.
00:52:00 If we are ordered to do this or to stop our decision, we will be disciplined because we always respect and we will always follow the discretion of the honorable Supreme Court.
00:52:11 Okay. When you started as a COMELEC chair, you listed a lot of reform initiatives. Are you on track or are your plans a bit far?
00:52:24 So far, it's beyond our expectations. We codified election guidelines.
00:52:32 Maybe some of you noticed, especially the lawyers, we don't have one resolution. We codified it. Think about it.
00:52:39 Not every election, you have different promulgated resolutions. It's the same. We only change the dates. That's a big thing.
00:52:48 Number one, number two, the trust of the people. No matter how we grow, our citizens trust the commission of elections.
00:52:57 We showed this Barangay NSK election, we do not care who will be the next one. We will just enforce the law and take note of the rules.
00:53:05 Expect that. When it comes to the October filing of the candidacy for 2025, what we implemented in the Barangay NSK,
00:53:15 that's also the regulation on how we made the whole country clean in the Barangay NSK, which should have been dirty,
00:53:22 because it's more and more spread. We will do that. Even the purchase of votes, we will fight against all of that.
00:53:29 What we need is the help and support of the citizens. We are on track with everything because we wanted again to set a standard for future elections.
00:53:39 We are already appealing to other countries. We were given four awards for our innovations here.
00:53:45 The citizens should be content and they should know how they can help and what process we will not hide from them.
00:53:56 Okay. In the Barangay NSK election, you said that withdrawal of P500,000 and up is prohibited. It's like the anti-money laundering council standard.
00:54:07 But in local elections and national elections, they say that the citizens will really get money.
00:54:13 The vote buying and vote selling, the Comelec will not stop because who will admit that they are buying votes.
00:54:22 Aside from that, the abuse of state resources, the incumbents who use the funds, facilities, and personnel of the government for them to win again.
00:54:34 What are the exact things that you can do in 2025 that you want to stop the vote buying and the use of state resources for re-election?
00:54:47 For us, they will try. We will do our job right. Anyone and everything can be affected and affected because that's what the citizens expect from us.
00:55:03 Again, we let them go to the Supreme Court. They said that we cannot let them be candidates from the date of the filing of the candidacy
00:55:12 because there's a Pinera versus Comelec. Maybe the Supreme Court will convince them that the interpretation is different.
00:55:19 For us, we will consider them candidates from the date of the filing of the candidacy.
00:55:24 Think about it. If the candidates are filed in October, they are just candidates in February or March. So from October to February,
00:55:32 even if they have already appeared on the TV or radio, that means they are not yet candidates. They are already being criticized for who they are and they are becoming influential.
00:55:44 So let's not fool ourselves. For us, what the Supreme Court said is right, but in our opinion, there's a way to interpret it differently.
00:55:53 For us, if anyone can be affected and they don't want to, let them go to the courts because the Supreme Court has a final say in this.
00:56:01 We don't want to be incompetent in this. It's very hard if you're Comelec, you cannot fulfill your duty simply because they are not yet candidates.
00:56:09 They already fired their guns, you cannot be a companion. Why? You will say there's no gun ban. The gun ban is still there.
00:56:15 We will implement it later. It cannot be like that. This will be a proactive commission.
00:56:21 In the final analysis, all laws are always subject to interpretation and therefore, we will interpret the election law in favor of what is good for the country.
00:56:32 So in short, in your opinion, the Metro will start ticking on their campaign spending the day they file their certificate of candidacy.
00:56:45 They will start bringing guns from the day they file their certificate of candidacy. There's no gun ban unless there's a permit from Comelec.
00:56:51 Are those your initiatives? They're very bold initiatives.
00:56:54 Yes. We will adjust the election period. Before, it was 120 days. The law did not say that it's permanent or fictional.
00:57:02 Comelec can adjust it. We will adjust the election period from the moment of the filing of the certificate of candidacy.
00:57:08 Therefore, all their expenditure counted from the date of the filing of the candidacy. Let's not be confused.
00:57:15 Those three months, October, November, December, January, those four months, you're not yet a candidate.
00:57:22 You spent billions, you're not yet a candidate. You should explain it later or question us in the Supreme Court.
00:57:27 That's what we should be doing. We issued 7,500 shocker orders, 253 were not proclaimed in the Barangay SK elections.
00:57:37 There are some behind us who are higher-ups in politics. We did not make them heard.
00:57:42 If we should not proclaim, we will not do it. Otherwise, you're just a scoundrel.
00:57:49 You're just showing off the implementation of our election.
00:57:53 It should be equal, whether it's Barangay or SK, national or local, so that when we're gone, at least there's a standard that everyone can be a candidate.
00:58:02 Sir, but you have two new commissioners that will be appointed by next year.
00:58:09 Commissioner Ferrolino and Commissioner Casquejo will retire by the end of the term. Is that correct?
00:58:15 That's correct. By February of 2025. Think about it, it will be just a few months before the election.
00:58:21 We believe in the wisdom of our President that he will understand the work of the commission,
00:58:29 the aspect of how we started. I hope the commission will be proper even though we have two to go.
00:58:41 Everyone understands what we did. I hope we will continue to be supported by the candidates.
00:58:47 We have a high belief that the President will appoint people. That's the thought.
00:58:53 All right. What is the right thought to become a commissioner?
00:58:57 First, he should understand that the Kovalec is working for the people. Number one.
00:59:06 Number two, we don't have a favor that they put or confirmed to us.
00:59:16 We should do the right thing. Of course, we should take care of the public funds, the Pondo ng Bayan.
00:59:24 We will have to account for that.
00:59:28 All right. And your term, how long will it last? You can only have two more elections until 2028?
00:59:35 I will be in office until 2029. I will also be with the two commissioners, Commissioner Celis and Commissioner Maceda.
00:59:42 All right. What's next for you after 2029? There are many options.
00:59:46 You will be a commissioner of Kovalec who became Supreme Court Justice. Is that in your plan or dream?
00:59:55 Ma'am Malo, remember what I will say. If I get caught, we will not do it.
01:00:00 That's the reason why I'm doing everything with our colleagues in the NBANG,
01:00:04 to decide what should be right in Kovalec.
01:00:07 Because if I get caught, I can say that what I left behind became proper anyway.
01:00:13 After that, I will end my public career. At the same time, even if I practice, I have already made many sacrifices.
01:00:21 It's high time that I will be able to gain more private funds.
01:00:26 What we should do is to leave an institution that is strong and trustworthy to the people,
01:00:33 and at the same time, to be supportive to the citizens.
01:00:37 All right. But if that's your plan, you will leave Kovalec with a good legacy, but probably a lot less friends or fewer friends because of your bold initiatives. Is that okay?
01:00:50 That's okay. I will just stick to that. Therefore, you know that true friendship does not look at the needs of that time.
01:00:59 True friendship looks at what you have combined together that is good,
01:01:04 not because it is in the hands of someone else, not because it is not favored, or not because a friend has condemned what is right.
01:01:12 Okay. So, firm or not firm, friendship is what is for the people.
01:01:19 Yes, we also know the consequences that can happen to us.
01:01:23 You know, we are always facing budget hearings, we are always facing hearings,
01:01:29 especially in pursuing changes in our laws.
01:01:33 If someone is not happy with what we did, we will always encounter that.
01:01:41 What's important is that we elevate the discourse and the debate in a level of highest professionalism.
01:01:47 Because in the end, they are working and we are also working.
01:01:51 If they are in our situation, you don't want to say that you are just there to use.
01:01:57 All right. So, the Comelec will not be used even by former clients, friends, or acquaintances?
01:02:04 Oh no, we have already proven that we are not using them because of previous relations.
01:02:14 What's important is that the people trust us.
01:02:17 When everything started, the people in the commission needed to trust us.
01:02:23 We will not be able to afford to lose that.
01:02:27 We will slowly get back to them.
01:02:30 Even if there are still doubts, the most important thing is that we will explain.
01:02:33 That is the most important thing for me, to explain.
01:02:37 Because before, if we don't explain, everyone will always have doubts.
01:02:41 All right. On that note, we will give a big good luck and congratulations to your initiative.
01:02:48 I think everyone is looking forward to the Comelec in the coming weeks.
01:02:53 Whether the Cha-Cha Train will continue or not.
01:02:56 It seems that it is still in the area. What do you say sir?
01:03:00 Yes. Again, let's wait for the next news and the next movements as long as the Comelec is always ready.
01:03:09 All right. Thank you very much Chairman George Erwin Garcia of the Commission on Elections.
01:03:15 We have a lot of plans and a lot of clarifications.
01:03:18 I hope we all stay tuned for the next news.
01:03:22 Have a good day Chairman.
01:03:24 Have a good day. Long live to you.
01:03:26 [Music]