SAN JOSE, Antique – There is a surge in new coronavirus disease 2019 infections. If the transmissions are not contained, is the postponement of the May 9, 2022 synchronized national and local elections possible?
“Tama ka nipis ria nga posibilidad,” according to Atty. Ade Santillan Fajardo, former national president of the Integrated Bar of the Philippines, the national organization of lawyers in the country.
All elected officials must step down by June 30 to give way to a new set of elected officials, as stated in the 1987 Constitution, Fajardo stressed in an interview with journalist Roger Tamon.
“Wala bay ti holdover capacity tana ra mo ang presidente asta sa dalum,” according to Fajardo, candidate for congressman in Antique. “Inde pwede under the Constitution.”
The Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF-MEID) has no power to direct the Commission on Elections (Comelec) to postpone the elections, he stressed, and even the poll body on its own has no authority to do it.
“Our Constitution specifically states that the second Monday of May is the date of the elections. For this year’s election, such a Monday falls on May 9,” said Fajardo, a native of San Jose.
The IATF-MEID has no jurisdiction over Comelec, an independent constitutional body whose power can only be reviewed by the Supreme Court, he explained.
Election postponement is possible only if there is a law calling for such, said Fajardo, an alumnus of the University of the Philippines – College of Law.
“You cannot reset or postpone the elections without violating the Constitution or without passing a law resetting the elections,” he stressed.
Passing such a law is the job of Congress. But there’s a corollary problem to this, said Fajardo.
If the election postponement pushes through, who will be taking over the posts vacated by previously elected officials whose terms would have expired by June 30, such the President’s?
“Sa design kang aton Constitution, ang mabilin lang gid nga opisyales nga indi magnaog sa June 30 amo ra ang aton dose ka senador,” said Fajardo.
The Senate has 24 members each serving six-year terms (with a maximum of two consecutive terms), but with half (12) of them elected in staggered elections every three years.
“So may mabilin lang nga dose ka senador by June 30, 2022,” said Fajardo.
Tamon pressed a probing question: “Sa 12 senators nga mabilin, wara ti pwede dyan, wara ti provision sa law nga pwede sara kananda, or they could elect among themselves nga amo anay ang temporary nga ma-act as President?”
According to Fajardo, “Sa line of succession ta, kun wara ti ma-qualify nga president by June 30, ang dapat kara vice president. Pero ang vice president manaog man bay…Next in the line of succession is the Senate president.”
The current Senate President is Vicente Sotto III but he would no longer be around by June 30 because by then, he would have ended his second consecutive term.
“Amo ra gani ginahambal nanda nga before mag-adjourn ang Congress na dya, ma-elect kang bag-o nga Senate president,” said Fajardo.
In the current set of 24 senators, the 12 whose terms end on June 30, 2025 yet are Sonny Angara (LDP), Nancy Binay (UNA), Pia Cayetano (Nacionalista), Ronald dela Rosa (PDP-Laban), Bong Go (PDDS), Lito Lapid (NPC), Imee Marcos (Nacionalista), Koko Pimentel (PDP-Laban), Grace Poe (Independent), Bong Revilla (Lakas-CMD), Francis Tolentino (PDP-Laban), and Cynthia Villar (Nacionalista).
“Among the 12 senators nga indi pa outgoing, kun may Senate president sanda kara nga ma-elect, te amo ra mapungko,” said Fajardo.
He, however, reiterated his trust and confidence in Comelec to fulfill its constitutional mandate to administer the elections.
“Ang Comelec ministerial ang function na kara, ginasunod lang ang Constitution,” said Fajardo. “So kinanglan mahimo gid paagi ang Comelec nga madayon ang eleksyon kag may new set of officers by noontime of June 30.”
The poll body must institute safety measures that ensure the health of voters on election day, said Fajardo, “para indi ma-frustrate ang will of the electorate” and their right to elect their leaders./PN
