Comelec to accept, study RBH7 if House submits it directly to poll body

The Commission on Elections (Comelec) has no choice but to accept and study the House of Representatives’ Resolution of Both Houses No. 7, which proposes amendments to the economic provisions of the 1987 Constitution, should it be submitted by the lawmakers directly to the poll body after its third reading approval.

Comelec Chairman George Garcia made the remark while he admitted that this would be challenging for the commission as there is no precedent yet on this manner of amending the Charter.

“Sobrang bigat po ng nakaatang sa ating balikat. Kapag po nagkaganyan, hindi naman po pwede nating tanggihan sapagkat ‘yan ay galing mismo sa Kongreso natin,” Garcia said in an interview on Dobol B TV.

“Masidhi po naming pag-aaralan ‘yan at ‘di ko po muna mababanggit sa inyo kung ano ang magiging aksyon natin. Wala pa ho kasing precedent na ganyan, na nangyaring ganito and therefore, maaring dinadaanan lang kami para makapunta sa Korte Suprema,” he added.

(It is a big responsibility on our part. If there are cases like that, we cannot refuse to accept it because that came directly from Congress. We will study it very carefully but we will not mention how we will handle it because there’s no precedent on that matter yet. Therefore, we think that it is coursed through us so the issue can be elevated before the Supreme Court.)

Garcia, an election lawyer prior to his appointment as Comelec chair, explained that this matter could be a “justiciable controversy” to be brought to the SC so the high tribunal could once and for all settle the issue of the manner of voting in a constituent assembly.

“‘Yun po yung isang bagay na nakita kong sabi nga e silver lining sa bagay na ito. Bagama’t ito’y challenge na naman sa inyong komisyon, pero at least…baka sakali magkakaroon na ng final ruling ang Korte Supreme sa bagay na ‘yan para once and for all ma-settle and then magiging guidance natin sa mga susunod na issue kung may darating na ganyan,” he said.

(That is the silver lining that we are seeing in this situation. Although it is a challenge on our part, but at least, this could settle the issue once and for all. The ruling on that case could be used as a guide for us to settle similar issues in the future.)

Earlier this week, House Majority Leader Manuel Jose Dalipe proposed to bring RBH7 to the Comelec after the Lower House approves the measure on third and final reading.

“If we have 3/4 vote on RBH7 and everything has been complied with in accordance to the Constitution, then my suggestion is we forward it to the Commission on Elections,” he earlier said.

If the Senate and the House are to vote separately on economic charter change, Dalipe said the three-fourths vote in the House is equivalent to 232. But if the two chambers are to vote jointly, the needed number of votes is 250.—AOL, GMA Integrated News