Comelec May Face Legal Woes for Accepting Charter Change Signatures

Philippine Senate Minority Leader Aquilino “Koko” Pimentel contends that a “justiciable controversy” has arisen, warranting the filing of cases against the Commission on Elections (Comelec) for accepting signatures from a people’s initiative (PI) aimed at amending the 1987 Constitution.

Pimentel suggests that these cases could be brought before either the Comelec or the Supreme Court.

In response to inquiries seeking clarification of his statements made on the Senate floor, Pimentel said there is the possibility of filing cases directed at the Comelec.

He raised concerns about the electoral body receiving signatures from an unidentified entity and subsequently carrying out its “ministerial duty” of tallying the signatures.

Pimentel questioned the legitimacy of this duty, highlighting the lack of clarity on the entity to which it is owed and its underlying purpose.

When pressed about the potential venues for filing such cases, Pimentel suggested the option of approaching the Comelec itself, urging them to cease their current actions.

He proposed seeking intervention from the Supreme Court to prohibit the Comelec from continuing its activities under the pretext of a “ministerial duty.”

Pimentel initially expressed this view following the release of a manifesto by the Senate on January 23, opposing the PI. The manifesto garnered signatures from all 24 senators.

On the Senate floor, the minority leader asserted that a “justiciable controversy” has emerged, providing grounds for the Senate to take action against the Comelec.

Pimentel outlined potential political and legal avenues, including encouraging the public not to sign and urging those who have already signed to withdraw their support.

He emphasized the option of legally challenging the actions of the poll body through filing cases to scrutinize their activities.

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John Mahusay

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