Comelec may still change its rules on survey firms
- Only pre-registered entities are authorized to conduct and disseminate election surveys, according to the Comelec. But the rules may still change to make them fully enforceable for the 2028 presidential polls.
- Pollsters and research groups met with the Comelec earlier Thursday to iron out provisions of Comelec Resolution (CR) No. 11117, which mandates that only pre-registered entities are authorized to conduct and publicly disseminate election surveys.
- The survey firms questioned, among others, Section 2 mandating them to register before they can conduct any election survey. They said the provision could be used for censorship. Garcia said Comelec was “very much willing to make the registration voluntary.”
The Commission on Elections (Comelec) is open to amending its latest resolution regulating survey firms conducting election polls so it can be fully enforceable in time for the 2028 presidential elections.
“The Comelec is very much willing to amend our guidelines, to modify and change [provisions of the resolution], depending on the outcome of our discussion with the survey firms,” Comelec Chair George Garcia said on Thursday during a media roundtable with the Philippine Daily Inquirer and Inquirer.net in their Makati City office.
Pollsters and research groups met with the Comelec earlier Thursday to iron out provisions of Comelec Resolution (CR) No. 11117, which mandates that only pre-registered entities are authorized to conduct and publicly disseminate election surveys.
Among those who attended the signing of the pledge of commitment and the launching of Task Force Respect (Regulation and Enforcement of Survey Practices for Election Credibility and Transparency) at the poll body’s headquarters in Intramuros, Manila, were representatives from Social Weather Stations (SWS), Pulse Asia Research Inc., Ibon Foundation, Marketing and Opinion Research Society of the Philippines, Publicus Asia, Tangere, Laylo Research Strategies and WR Numero.
Making it ‘voluntary’
The survey firms questioned, among others, Section 2 mandating them to register before Comelec’s Political Finance and Affairs Department before they can conduct any election survey. They said the provision could be used for censorship.
Even Garcia himself “honestly believe[s]” that this could be “seriously questioned” for infringing on the constitutional right to the freedom of expression and freedom of speech.
“We have a problem if we compel these survey firms to mandatorily register. So I told them that we are very much willing to make the registration voluntary,” he said.
“If you really are an honest and legitimate survey organization, you will register voluntarily. In fact, three of these firms already agreed to [register] even if we have not discussed the resolution yet, which means they are willing to [be] regulated,” he added.
He noted that the survey firms also welcomed the discussions “because, at least, they will no longer pursue their intention to go to the Supreme Court [to question the resolution].”
Proposed amendments
The Comelec is proposing to amend Section 2 by removing the entire second paragraph and making pre-registration voluntary instead of mandatory.
The resolution currently gives survey firms that have already been conducting and disseminating surveys a grace period of 15 days from its effectivity date to register with the Comelec.
“During this period, they may continue their operations, but failure to register within the prescribed time frame shall result in the suspension of their authority to conduct and publish election surveys,” it read.
The Comelec also clarified that the regulation does not cover media entities reporting on the results of the surveys, as well as religious organizations, educational institutions and cause-oriented groups conducting their election surveys.
The poll body is also likely to require survey proponents to disclose their relationship to a candidate or a political party in compliance with the Omnibus Election Code.
Nothing new
Garcia said the disclosure requirements under CR 11117 were not new and were indicated in previous resolutions covering past elections, which the Supreme Court already ruled constitutional in a 2015 ruling. That case stemmed from a petition filed by SWS and Pulse Asia questioning a Comelec resolution requiring them to disclose commissioners of their surveys published from February to April 2013.
“I think it is only now that the Comelec attempted to be serious in regulating surveys,” Garcia said. “We are expecting opposition, which is not bad …”
“This is good preparation for the 2028 elections. At the very least, we are going to establish a foundation for greater regulation for the 2028 elections,” he added.
