SC stops Comelec’s extended liquor ban

MANILA, Philippines - The European Union advanced its celebration of Europe Day to ensure that guests would not be covered by the expanded liquor bar, which was supposed to start today.

Resetting today’s Europe Day celebration to last Tuesday, however, could be for naught as the Supreme Court (SC) restrained the Commission on Elections (Comelec) yesterday from expanding what by law is only a two-day nationwide ban on alcohol consumption.

SC spokesman Theodore Te said justices decided in a special session yesterday afternoon to issue a temporary restraining order (TRO) enjoining the Comelec from implementing its Resolution No. 13-0322, which expanded the ban from two to five days.

The high court acted on a petition for prohibition filed by the Food and Beverage Inc. and International Wines and Spirits Association Inc., which claimed they would suffer irreparable injury from the Comelec order.

The Comelec was ordered to answer the petition before 5 p.m. today.

The petitioners also argued that the Comelec violated their right to due process because it did not consult stakeholders before issuing the resolution.

They alleged that the poll body acted in excess of its jurisdiction by modifying Section 261 of the Omnibus Election Code, which specifically imposes the liquor ban only on the eve and day of the election.

EU Ambassador Guy Ledoux said he reviewed five pages of the Comelec provision on the liquor ban before finalizing the date of the reception he was hosting.

“I wanted to play safe,” he told The STAR.

Europe Day is an annual celebration of peace and unity in Europe. It is celebrated in various forms in most member states of the EU and the EU Delegation.

“Europe Day is normally celebrated on the 9th of May but this year we had to slightly anticipate and organize the event on the 7th as we wanted to ensure that everyone could enjoy some good European wine without breaching the decision of the Commission on Elections to restrict consumption five days before the election,” Ledoux said in his speech at the Mandarin Oriental hotel on Tuesday night.

The Philippine National Police (PNP) warned that violators of the liquor ban, which by law takes effect on May 12 and 13, would be apprehended.

Section 261 (dd) (1) of the Omnibus Election Code bars any person from selling, furnishing, offering, buying, serving or taking intoxicating drinks during this period.

The ban does not cover private homes. Hotels and other establishments certified by the government as “tourist-oriented” can ask the Comelec for exemption from the ban.

“We will enforce the liquor ban and we will see which night clubs, even sari-sari (convenience) stores, are violating it. Those who are drinking in the streets will be accosted,” warned Chief Superintendent Generoso Cerbo Jr., PNP spokesman.

“It is important that come May 13, we are in full control of our faculties. I’m sure it would help if we are sober by May 13.”

The Comelec expanded the ban upon the request of Metro Manila Development Authority chairman Francis Tolentino.

In a letter to the poll body, Tolentino said the two-day liquor ban “is inadequate in addressing the evils and problems related to the taking of intoxicating drinks.”

“The unfettered consumption of alcoholic beverages nationwide, especially during this period, does not aid the intelligent discussion of election issues by our citizens,” Tolentino said.

It was not the first time that the Comelec received an unfavorable order or ruling from the SC.

Last April 16, the high court stopped the implementation of time limits imposed by the Comelec on political advertisements on television and radio.

Also last month, the SC revised the standards for groups participating in the party-list system, granting relief to 52 groups earlier disqualified by the Comelec. The SC laid down new six-point parameters on the qualification of party-list groups, giving the poll body an additional task before the midterm elections. 

Yesterday the PNP activated a facility that would enable it to monitor the situation in the field during the elections.

The National Elections Monitoring Action Center situation room aims to use the latest equipment to ensure that the polls will be peaceful and credible. 

The situation room is equipped with a video wall system to enable the police to provide timely and efficient response to various security situations. – With Alexis Romero, Janvic Mateo