Comelec: Voting in malls legal

MANILA, Philippines - Voting in malls is legal, the Commission on Elections (Comelec) said yesterday.

Chairman Andres Bautista said the Constitution and the Omnibus Election Code have authorized the Comelec to identify the location of polling places.

He was reacting to a pronouncement of Sen. Aquilino Pimentel III that voting in malls is unlawful.

The Comelec has to find ways for people with disability (PWDs) and senior citizens to vote without being hampered or discouraged, Bautista told reporters on the sidelines of a forum at the De La Salle University in Manila.

“I hope the people not just look at the legal but also on what will be good for voters,” he said.  

“We are doing this to enhance the voting experience, to make voting more comfortable and convenient because it will drive turnout.” 

Pimentel said the Omnibus Election Code only allows the holding of elections in a private place during an “extreme situation” when   no public property is available.  

“We are not yet there – extreme situation – and there are still eight months before elections,” he said.

“The existing public schools being used as voting centers since time immemorial are still there. They just don’t want to use it because there is no aircon.” 

The chairman of the Senate electoral reforms and people’s participation committee said voting must be done in a public property and a public place to prevent a private person from controlling access to the area.

“I am discouraging the Comelec from continuing with mall voting even if it is air-conditioned and many are happy about it because there is no legal basis, in my opinion,” he said.   “Giving the people air-conditioned voting experience is not a reason to violate the law.” 

Vote buying

No effective solution exists to combat vote-buying, Pimentel and Bautista said in separate interviews.

Pimentel said vote buying has “become graver” because of the automation of elections in 2010.  

“We are racking our brains on how to counter vote-buying... The problem is really difficult to solve... We need the help of everyone on how to fight this vote buying,” he said.

“Unscrupulous politicians who want to capture power through illegitimate means resort to vote-buying since cheating has become difficult in an automated election system,” he said.

Bautista has asked the public for help as the Comelec has no solution to vote-buying.

“Vote-buying takes two to tango,” he said. “There will be no buyer if there is no seller so we appeal to voters to guard our democracy. Don’t sell your votes.” 

Vote-buying and vote-selling are election offenses punishable with up to six years imprisonment, disqualification from holding public office and suspension of the rights of suffrage.