Cha-cha bid signatures may be voided if ‘funded’
The ongoing “people’s initiative” to amend the Constitution may be voided if it is proven that the signatures for the petition were gathered using government funds, according to Commission on Elections (Comelec) Chair George Garcia.
Garcia cited a resolution issued by Comelec in 2020 amid allegations that government functionaries were being mobilized to gather signatures and that signatories were promised money in exchange.
“Section 16 of Resolution 10650 prohibits the use of government funds to gather signatures for a people’s initiative,” he said in a radio interview on Sunday.
He is referring to Comelec Resolution No. 10650 issued on Jan. 31, 2020, that laid the rules for the “conduct of initiative on the Constitution and initiative and referendum on national and local legislation.”
Not election offense
Section 16 states that “all expenses relative to the signature gathering and verification shall be solely borne by the proponent/s and shall not be funded from public sources.”
“If that will be proven, oh well, the individual signatures of people who were either intimidated, terrorized or given money from government funds may be voided,” Garcia said.
As one of the ways to introduce amendments to the Constitution, a people’s initiative has to gather at least 12 percent of the total registered voters nationwide and 3 percent of the registered voters per legislative district.
If the signature drive becomes successful, the proposed Charter amendment will undergo a plebiscite to be conducted by Comelec.
Should it receive a signed people’s initiative, Comelec has to verify whether the signatures gathered were sufficient and whether the proposed amendment conformed with the required form of the petition.
“Then we will order to verify the signatures, if they were really the signatures of the voters, if they really signed it,” Garcia said.
But in case the signatures are invalidated and the petition falls through, Garcia said Comelec has no authority to charge the proponents with election offense since it was not an electoral exercise.
He, however, said the use of public funds falls under the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019), while the involvement of government employees falls under civil service rules that prohibit partisan political activity.
House inquiry sought
“But on our part, we don’t want to comment yet because we are waiting if there will be any complaint,” Garcia stressed.
Meanwhile, lawmakers from the Makabayan bloc are seeking a congressional inquiry into the alleged use of public funds nationwide for Charter change (Cha-cha) through people’s initiative, which one of them renamed as “politicians’ initiative.”
Deputy Minority Leader and ACT Teachers party list Rep. France Castro, Gabriela Women’s party list Rep. Arlene Brosas and Kabataan party list Rep. Raoul Manuel filed House Resolution No. 1541 asking the House of Representatives’ committee on public accounts to look into reports of voter signatures supposedly being bought for a Charter change petition allegedly using public funds.
In a statement, Castro cited numerous reports of signatures being obtained from residents of various localities including Tarlac, Quezon City, Caloocan City and Cavite, in exchange for government assistance.
“Some were promised aid and others were compelled to sign [the petition forms] during Christmas gift-giving activities. There were also reports that even persons with disability were being misled to sign Cha-cha forms,” she said in Filipino.
The lawmaker said further that “the Constitution isn’t to blame for the country’s plunging economic status. It’s the neoliberal policies of the current and previous administrations.”
