Hilario de Pedro III, go-vernor of South Cotabato and vice president of the Union of Local Authorities of the Philippines (ULAP), said the move is illegal and the Comelec abused its authority.
He did not elaborate, only saying that the commission is bound by election laws as stated in the Omnibus Election Code, and that changes in the laws can only be made by Congress.
Laguna governor and ULAP president Joey Lina is preparing their complaint, De Pedro said.
Last Monday, the Comelec required all aspirants in the May 2001 polls to file their certificates of candidacy starting on Dec. 15.
Explaining the move, Comelec spokeswoman Angelina Matibag said the poll body needs all the names of the candidates by Dec. 30 so that these could be printed on a ballot made of special paper.
The paper would then be tested in the computers to be used in the elections. The Comelec wants to determine how fool-proof the new computerized voting system is, as well as have enough time to rid the list of nuisance candidates.
Politicians oppose this because it would force prospective candidates to declare their intent during the most expensive season of the year – and significantly increase their campaign costs.
The Comelec has been accused by critics of dragging its feet in modernizing the polls, enabling unscrupulous politicians to cheat. Hurt by the backlash, it is now under pressure to computerize the system.
Comelec Chairwoman Harriet Demetriou said anybody can question before the Supreme Court the Comelec resolution moving forward the deadline for the filing of certificates of candidacy.
Defending the Comelec’s decision, Demetriou said Sections 28 and 29 of Republic Act 6646 or the Omnibus Election Code, grants the Comelec power to fix dates, particularly when it deems the changes necessary.
She said the Comelec had not usurped the power of Congress to amend RA 6646 when it required candidates to file their certificates of candidacy earlier.
In an en banc resolution no. 32-53, the Comelec also decided last Monday to move the start of the election period to Dec. 15, about two months ahead of schedule.
It reminded the government that there should be no transfer or suspension of civil servants during this period. A gun ban would also be enforced, while candidates and public officials would be disallowed to have bodyguards.
Giving and accepting free transportation, food, drinks and things of value during the election period would also be prohibited.
The nomination of official candidates for senators, congressmen, elective regional officials of the Autonomous Region in Muslim Mindanao, and local officials will start on Nov. 30, according to the Comelec.