‘Special polls for VP post impossible’

MANILA, Philippines — Special elections in connection with the electoral protest of former senator Ferdinand “Bongbong” Marcos Jr. are highly unlikely, according to former Commission on Elections (Comelec) chairman Sixto Brillantes.

“Election is over. This is for the annulment of results, not for failure of elections. There can be no more special elections,” Brillantes said, referring to Marcos’ petition.

Brillantes said failure of elections could be declared only if the election is not over and there has been no proclamation yet.

“You’ll have special elections so that we will know the winner, the one that should be proclaimed. And Leni has already been proclaimed. Marcos just wants the votes annulled,” he said, referring to Vice President Leni Robredo, who narrowly beat Marcos in 2016.

Under the Omnibus Election Code, failure of elections may be declared on account of force majeure, violence, terrorism, fraud or other analogous causes.

Failure of elections can also be declared if voting was not held in any polling place on the date fixed, or had been suspended before the hour fixed by law for the closing of the voting, or after the voting and during the preparation and the transmission of election returns.

The law also provides that special elections must be called in cases wherein the failure or suspension of election would affect the result of the polls.

Brillantes said it is almost impossible for the Presidential Electoral Tribunal (PET) to call for special elections for vice president in Lanao del Sur, Maguindanao and Basilan.

Former chief justice Artemio Panganiban said the PET must call for a special election if it grants Marcos’ petition to annul the election results for vice president in the three provinces.

Marcos filed a petition seeking to void the election results for the position of vice president in these provinces and nullify the proclamation of Robredo due to alleged terrorism, intimidation, cheating and harassment.

But even if the PET would annul the poll results in the three provinces, Brillantes said Marcos could not make a significant recovery in the votes of Robredo.

He said Marcos should have considered using Lanao del Sur, Maguindanao and Basilan as pilot provinces for the recount, instead of Negros Oriental, Iloilo and Camarines Sur.

Too early

Meanwhile, the camp of Robredo said it is too early to discuss the conduct of special elections for vice president as Marcos’ protest is still facing dismissal before the PET.

Robredo’s lawyer Emil Marañon III said the question of special election is a very remote possibility and currently just exists in the realm of academic discussions.

Marañon issued the statement after Comelec spokesman James Jimenez said that the poll body is ready to conduct special polls if the PET, composed of SC magistrates, issues the order.

“Marcos has yet to hurdle Rule 65 and his protest is still facing dismissal given PET’s recent confirmation of his failure to show any recovery,” Marañon said in a post on Facebook.

He was referring to the PET rule mandating the dismissal of the electoral case if the protestant failed to substantially recover votes after the recount in the selected pilot provinces.

Robredo’s lead widened by 15,000 votes after the PET finished conducting the recount of votes in Camarines Sur, Iloilo and Negros Oriental, the pilot provinces selected by Marcos.

Robredo’s camp maintained that the PET should dismiss the electoral case altogether based on Rule 65.

Earlier, Jimenez said it is the PET, not the Comelec, that must first determine if there was a failure of elections in these areas that warrants the holding of special polls.

“It is the Comelec’s job to hold elections. So, obviously, yes, the Comelec would be able to do it if it becomes necessary,” he said when asked about the conduct of special elections.

But Marañon said this is not as simple as it sounds.

“With all due respect, holding a ‘special’ election is not as simple as this. There are many considerations, not just a matter of willingness on Comelec’s part. Administrative questions have to be settled,” he said. – With Janvic Mateo