The Commission on Elections (COMELEC) is eyeing the postponement of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) Parliamentary Elections scheduled for October 13.
Comelec Chairperson George Garcia said the poll body will issue its decision next week, citing the need to carefully go through the legal process.
“We will decide next week (but) the process will start today. Section 5 is strict. This is delegated power. We want to follow the correct process before we get to the declaration. Importantly, next week is September 30. Therefore, the election is only 13 days away,” Garcia noted.
He revealed that the Comelec Project Management Office (PMO) in the region has already declared it “absolutely impossible to continue” with the scheduled polls.
“In our opinion, I hope they will understand why the Comelec stopped its preparations internally. It is impossible for us to continue because we do not know what to continue,” he said.
Garcia added that if a deferment is made, the Comelec would invoke “force majeure” as its legal basis, pointing to the Supreme Court’s temporary restraining order (TRO) issued last week.
“Force majeure is an act of God. Unexpected. Earthquake, flood, unexpected. Broadly speaking, it means something that can prevent the action that should be taken, that is force majeure. We can consider that in the issuance of TRO,” he explained.
The Comelec chief clarified that under Section 5 of the Omnibus Election Code, the poll body is authorized to suspend elections in cases of terrorism, violence, or force majeure, but not indefinitely.
“Everyone should not worry because it is under OEC Section 5. That is, one of the powers given to the Comelec that can be done especially if there is terrorism, violence, force majeure to postpone the elections and not indefinitely. There is a 30-day period after the ground or cessation of the event,” he said.
On the question of what happens beyond October 13, Garcia said the matter will hinge on the Supreme Court’s ruling.
“Let’s wait for the disposition of the Supreme Court. Bangsamoro Autonomy Act (BAA) 77 or BAA 58. If BAA 77, all the ballots printed are invalid. If BAA 58, the ballots are correct. It is clear from the TRO, it does not revive BAA 58,” Garcia explained.