Comelec to hold Bangsamoro elections ‘at all costs’

MANILA, Philippines—The Commission on Elections (Comelec) is in a “quandary” about how to conduct the first Bangsamoro parliamentary polls by March 30, but assured the public that the upcoming elections will be held “at all costs” once a redistricting law is passed.

Speaking to reporters in an ambush interview on Tuesday, Comelec Chair George Erwin Garcia admitted that the commission is currently facing legal and logistical challenges after the Bangsamoro Transition Authority (BTA) failed to pass a new redistricting law on Nov. 30.

The Comelec set the deadline following a Supreme Court decision declaring unconstitutional Bangsamoro Autonomy Act No. 77, which was supposed to redistribute the seven district seats originally allocated to Sulu, before it was ruled that the province was not part of the Bangsamoro region.

“We are really worried now…The problem is, if we pass a districting law later, it might violate [current] laws,” Garcia said. “We have Republic Act No. 8189, the Continuing Registration Law, and it says in one of the provisions that alterations are prohibited 120 days before elections.”

READ: Pending redistricting law, Comelec mulling options for BARMM polls

“So, if the election is on March 30, which is more or less what we set as the schedule for the Bangsamoro [polls], the law will be violated. Currently, we admit, the Comelec really is in quandary on what will happen in Bangsamoro,” he added.

At the same time, Garcia assured that once the BTA enacts a new redistricting law, the Comelec will exhaust all means to conduct the Bangsamoro elections by March 30, provided that no other legislation affecting the polls will be passed.

“If the Bangsamoro [parliament] passes a law on districting, we would not have any problems. It looks like we can find a way to have an election on March 30 at all costs,” he said. 

“However, if they make other changes in the Bangsamoro polls, such as the accreditation of political parties, accreditation of sectoral organizations…if they once again open the filing of petitions…it looks like we can’t hold it by March 30,” Garcia explained.

READ: BARMM polls crucial to Bangsamoro peace

The Comelec chief acknowledged that the BTA has absolute discretion on laws related to the Bangsamoro polls. However, he noted that the commission is only able to account for a new redistricting law, and the passage of other legislation will affect its preparations for the upcoming polls.

“When it comes to procurement, we do not have much of a problem if the only change is the new districting law,” he said. “According to Republic Act No. 12123, the Bangsamoro parliamentary elections are just a continuation of the May 12 polls. This means whoever leased the [automated vote-counting] machines to Comelec, whoever leased the transmission, will be the same.”

If there is a change in the number of accredited political parties or sectoral organizations, however, Garcia said the Comelec will need at least six months to prepare a new source code for the vote-counting machines as well as for field testing and mock elections.

“This is why we hope that there is a hearing regarding this, if not in Bangsamoro, even just in the lower house, for us to explain the predicament and problems being faced by the Comelec,” he said. /mr