Comelec can reset Armm polls on its own: lawyer

July 6, 2011
THE Commission on Elections (Comelec) no longer needs to seek approval and permission from the Supreme Court to proceed with the elections in the Autonomous Region in Muslim Mindanao (Armm) at a later date.
After all, it has the power to postpone it on its own, prominent election lawyer Romulo Macalintal said.
The Omnibus Election Code (OEC) provides the Comelec enough power to move the August 8 date of elections if there is a need to do so, Macalintal said at a weekly Church-organized forum.
“The election may still be held not on August 8 because the Comelec is authorized by law to reset the election to another date,” said Macalintal, the election lawyer of former president and Pampanga Representative Gloria Macapagal-Arroyo.
Under section 5 of the OEC, the Comelec is authorized to postpone the election date as long as it is “reasonably close to the date of the election not held, suspended or which resulted in a failure to elect.”
However, the same provision said it should not be “later than 30 days after the cessation of the cause for such postponement or suspension of the election or failure to elect” if there are serious causes such as “violence, terrorism, loss or destruction of election paraphernalia or records, force majeure, and other analogous causes.”
“The lack of ample time to prepare qualifies in the ‘other analogous causes’ reason to postpone the elections at a later date,” said Macalintal.
Macalintal made this assertion after the Comelec on Monday said the Armm elections can no longer be held as scheduled on August 8 and that it will have to ask the High Court more time to prepare for the elections in the event that it heeds the call of the petitioners to junk Republic Act 10153, which postponed the elections.
On Monday, Macalintal and former Senate President Aquilino “Nene” Pimentel Jr. separately filed petitions to the SC, asking the Court to invalidate the newly-signed law that postpones next month’s elections and synchronizing it with the 2013 midterm polls.
During the same day, the Comelec, through Spokesman James Jimenez, said it will already be impossible to hold the elections on August since the agency would need at least two months to prepare.
The election lawyer also expressed belief that the Comelec en banc should not have stopped their preparations for the Armm since there is no law yet to be implemented.
“I really wondered why the Comelec stopped its preparation when there is no law yet. Hindi pa effective ang batas nun e,” said Macalintal.

Source: http://www.sunstar.com.ph/manila/local-news/2011/07/05/comelec-can-reset-armm-polls-its-own-lawyer-165181

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