Comelec must explain VCM glitches — Duterte

DAVAO CITY, Philippines — The Commission on Elections (Comelec) has to explain to the people the reported massive malfunctioning of vote counting machines (VCMs) that marred yesterday’s midterm national and local elections.

“The Comelec is an independent body. Let the Comelec first explain to the people before any investigation,” the President told reporters after casting his vote at Precinct 1245A Cluster 361 at the Daniel R. Aguinaldo National High School here.

The President said he respects the Comelec as an independent constitutional body, thus he is giving it the chance to explain to the people what exactly happened and why such disruptions took place that could possibly have disenfranchised thousands of voters.

He said a separate investigation is in order even after Comelec issues an explanation.

Before casting his vote, Duterte presented his passport when asked by an election officer to present an ID. He skipped biometric fingerprinting as his Berger’s disease has rendered data from his fingerprint unreadable or inaccurate. Instead he was made to undergo manual check of his fingerprint.

A “kodigo” came in handy when the President cast his vote, assisted by long-time partner Cielito Avanceña.

He arrived at the polling precinct at 4:32 p.m. and stayed for about 20 minutes. Sources said the President’s precinct was the only cluster allowed to be located in a separate building, for security reasons.

There were seven other voters at the precinct when President cast his vote. The chair where he sat to cast his vote in the 2016 elections was put out of its glass case so he could put his signature on it. It has been displayed in the principal’s office since Duterte’s election victory in 2016.

Before leaving the polling precinct, President Duterte said he was glad there were no reports of massive violence that could have seriously disrupted the conduct of the elections.

The President said he was in contact with both the Armed Forces of the Philippines and the Philippine National Police almost every hour to check on the progress of the polls.

“I have yet to receive something that is more than just the ordinary violence. Nothing that big that would disrupt the conduct of the election,” the President maintained.

Meanwhile, Duterte said the election victory of administration-backed candidates would mean an affirmation of his presidency and his controversial programs.

He reiterated his readiness to resign from his post if he feels he no longer enjoys the confidence of the general public.

The President had actively endorsed the senatorial candidates of his political party Partido Demokratiko Pilipino-Lakas ng Bayan (PDP-Laban) as well as local candidates of his Hugpong sa Tawong Lungsod party.

He told reporters he is optimistic his candidates – at least most of them – would get elected. –  With Christina Mendez

source: philstar.com

Unseated Rep. Lucy Torres-Gomez can still run, says Brillantes

MANILA, Philippines – Rep. Lucy Torres-Gomez can still run for the fourth congressional seat of Leyte even if she was unseated by the Supreme Court on a ruling that her substitution as a candidate in place of her husband, Richard Gomez, in the 2010 elections was invalid, Comelec said Wednesday.

Commission on Elections Chairman Sixto Brillantes Jr., explained that Gomez is not officially unseated (and disqualified to run) until the decision is final and executory, unlike the case of unseated Imus Mayor Emmanuel Maliksi, which is immediate and executory.

"She is not disqualified, the disqualification was the substitution. The one disqualified there was her husband, and she merely subbed for him.”

Gomez was disqualified on the basis of residence, not technically disqualification but more because of the cancellation of the CoC (Certificate of Candidacy) (of the husband), Brillantes said.

Voting 7-4-4 last Tuesday, the Supreme Court ruled that her substitution as a candidate in place of her husband in the 2010 elections was invalid.

But since there was a motion for reconsideration from the congresswoman’s camp, “you cannot implement it,” Brillantes explained.

Grounds for disqualification

Brillantes said grounds for disqualification are listed in Section 12 and 68 of the Omnibus Election Code (OEC) and Section 40 of the Local Government Code. “These are grounds for disqualification and in the case of Lucy, [it’s the residence issue.] It is not a ground for disqualification under Section 68 of the Omnibus Election Code.”

He, however, said cases of disqualification may still be filed against any candidate even after the election, but before the actual proclamation of winning bets.

"Until after the election, when you commit fraud during Election Day, you will be disqualified and prevented for being proclaimed. Those are our rules, that you can file a disqualification case (even) before the proclamation,” Brillantes explained.

Brillantes said the Commission is drafting another set of rules on the disqualification process in order to make it easier for the protestant and the respondent, and to save time and money. 

"We would like to change the entire process of electoral process and revision of ballots. We will come out with it before the elections,” Brillantes said, adding that he is starting to read decisions from the Supreme Court regarding disqualification cases.

source: interaksyon.com

Binay candies, Chiz hotdog prompt Comelec to check if senatorial bets violated elections laws

MANILA, Philippines – The Commission on Elections is looking into possible violations of election laws by reelectionist senator Francis “Chiz” Escudero and the person behind the distribution of candies bearing the surname “Binay.”

Comelec spokesperson James Jimenez on Tuesday said the Comelec was monitoring product endorsements by politicians, which he said should be considered as illegal campaign materials.

“Yesterday, may nagtanong kay Chairman (Sixto) Brillantes kung kasama ang product endorsement, dapat kasama na iyon [Yesterday, somebody asked Chairman Sixto Brillantes if product endorsements were included, that should be included]” Jimenez told reporters in an interview.

Citing reports from netizens, Jimenez said Escudero’s face is seen on the packaging of a hotdog brand and a paint product. Meanwhile, netizens also reported that candies being distributed to the public bear the surname Binay.

The products endorsed by Escudero and the Binay candies came out before the start of the official campaign period on Tuesday, February 12.

Jimenez said that if it would be proven that Escudero’s endorsement violated election laws, “the packaging, not the product, should be pulled out from the market.”

But Jimenez was quick to add that the Comelec won’t be hasty on its actions against Escudero.

“(W)e should always remember that the problem lies on the cost. Baka may legal question pa d’yan, kasama iyan sa minomonitor natin [There coud be some legal questions there, that’s part of what we are monitoring]” he said.

Jimenez said the poll body would find out whether Escudero had spent for endorsing the two products or he acted simply as an endorser.

“So we need to study the situation. Ang isa  sa mga goals ng monitoring [One of the goals of monitoring] is to ensure that costs are identified, second, the common poster area rule… should be followed,” Jimenez said.

“Now, if the material has no apparent cost to the endorser, sila naman ang binabayaran doon eh, kumikita pa siya doon. Pangalawa may distinct commercial interest, kailangan balansehin natin iyon. So we will leave that  [decision] to the [Comelec] en banc,” added Jimenez.

[Now, if the material has no apparent cost to the endorser, that they were the ones  who were paid for it, then it’s the endorsers who benefited. Second, there’s distinct commercial interest there, we should balance that. So we will leave the decision to the Comelec en banc.]

On the case of Binay candies, Jimenez said there is a Binay running for the May 13 polls thus the Comelec is also looking on whether the giveaways were distributed nationwide as part of the candidate’s campaign materials. Nancy Binay, the daughter of Vice President Jejomar Binay, is among the senatorial candidates of the United Nationalist Alliance.

“May kandidatong Binay. Eh kapag may nakita kaming ganoon, tinitingnan natin, kasi one of our concern is the maliliit na give aways na ganyan. Kasi kung isa lamang ang maliit na giveaway, ayos lang iyan. Pero, kung ginawa mo iyan sa buong Pilipinas, ang dami noon, may cost iyon, so kailangan tingnan natin iyon,” Jimenez said.

[There is a candidate who is a Binay. And if we see one like that, we look into it because one of our concerns is the distribution of giveaways like that. It won’t matter if it’s just a one-time distribution of giveaways. But if you’re doing it nationwide, it’s a lot and there’s cost involved, so we need to monitor that.]

Also, Jimenez said the Comelec was looking for evidence on senatorial candidate Richard Gordon’s alleged violation of election campaign rules since posters and streamers of the Philippine National Red Cross bear his face. Gordon is the national chairman of the PNRC.

 “If the material seen is boosting your chances of winning that is not allowed in the rules,” said Jimenez.

source: interaksyon.com