The ongoing signature drive to amend the Constitution through people’s initiative (PI) has raised questions about its significance to the Commission on Elections (Comelec). While pages after pages of signatures are being accepted by the poll body’s city and municipal offices, Chairman George Erwin Garcia clarified that the acceptance of signature pages is only part of the commission’s ministerial duty, as outlined in Comelec Resolution 10650 issued on January 31, 2020.
Resolution 10650 establishes the rules for the conduct of initiatives on the Constitution, as well as initiatives and referendums on national and local legislation. According to Garcia, the signatures collected during the signature drive hold no meaning until a formal petition has been filed. Once a formal petition is submitted, the Comelec is responsible for verifying whether the proponent has complied with the necessary documentary requirements.
These requirements include a certification on the total number of registered voters nationwide, a certification that the initiative has obtained the required 12 percent signature of the total number of voters nationwide, and 3 percent of the total number of voters in each of the 254 legislative districts. Additionally, the petition must include the provision of the Constitution that will be amended and specify the proposed changes. However, the most crucial part of the process is the verification of signatures.
Garcia emphasized that being sufficient in form and substance does not guarantee the approval of a people’s initiative. The verification process conducted by the Comelec plays a vital role in determining the validity of the submitted signatures from all 254 legislative districts. The verification process involves checking whether the signatories are registered voters, if their signatures match those on the voter registration, and if they are still alive.
In cases where fraudulent signatures are identified, they will be removed from the signature pages. If a particular legislative district fails to meet the mandated 3 percent requirement, the petition will be dismissed. Garcia stressed that all 254 legislative districts must fulfill the 3 percent requirement for the petition to proceed.
Some have questioned the Comelec’s acceptance of signature pages without a formal petition being filed. Election lawyer Romulo Macalintal argued that this creates a false impression that the initiative to amend the constitution has already been validly initiated. However, Garcia explained that the Comelec is obligated to comply with Comelec Resolution 10650 and Republic Act 6735, the law that governs the system of initiative and referendum.
Garcia emphasized that until the guidelines are changed, the Comelec is bound to follow them. He acknowledged that accepting signature pages without a formal petition adds to their workload but reiterated that it is their ministerial duty to do so.
President Ferdinand Marcos Jr. also weighed in on the matter, stating that it is up to the Comelec to validate the signatures collected during the signature drive. He expressed confidence in the Comelec’s ability to identify any suspicious or fraudulent signatures and assured the public that such signatures would not be counted.
In conclusion, while the signature drive for a people’s initiative to amend the Constitution may seem significant, it is important to understand that the acceptance of signatures by the Comelec is just one step in a complex process. The verification of signatures and compliance with the necessary requirements are crucial factors that determine the fate of a people’s initiative. As the Comelec continues to carry out its duties, it is essential to respect the established guidelines and await the filing of a formal petition before drawing any conclusions about the progress of the initiative.
Source: The Manila Times
