February 26, 2007 · Posted in: 2007 Elections, Comelec Watch
SWS: Remove unconstitutional section of Fair Elections Act
THE Social Weather Stations is pushing for the removal of a section of R.A. 9006 or the Fair Elections Act, which has been struck down as unconstitutional.
Section 5.4 prohibits the publication of election surveys for 15 days before elections are held.
Two decisions by the Supreme Court, ABS-CBN v. Comelec (Commission on Elections) and SWS v. Comelec, have affirmed the dissemination of election surveys at any time before the elections.
By continuing to include section 5.4 in the Fair Elections Act, the SWS says that the Comelec is “misleading” Filipinos about “their freedom to express themselves by means of election surveys.”
The SWS is also demanding a formal apology from the Comelec for including Sec. 5.4 in Comelec Resolution 7767, the implementing rules and regulations of R.A. 9006. It is also calling for a “transparent investigation of the cause of the error, for proper penalties to be meted to the persons responsible, and for measures to be taken to prevent repetition of the error in the future.” According to the SWS, the Comelec continues to ignore its demands.
However, the Comelec “is not in the business of changing the law,” said the poll body’s Education and Information Department director James Jimenez. He added that if the SWS wanted to remove Section 5.4, they should ask Congress, or file a specific request to the Comelec commissioners en banc.
Since Sec. 5.4 was deemed unconstitutional, the Comelec treats it as inoperable, according to Jimenez.
“Part of this law has already been struck down as unconstitutional. Even if it’s there, it will not have any effect.”
2 Responses to SWS: Remove unconstitutional section of Fair Elections Act
jr_lad
February 26th, 2007 at 8:25 pm
in an interview w/ ANC, jimenez admitted that the comelec erred in including section 5.4 in Comelec Resolution 7767. he further stated that the comelec will do the necessary step in correcting that mistake. what happened to that assurance and why is he singing a different tune now?
Diego K. Guerrero
February 27th, 2007 at 7:48 am
When will the all the Commissioners affixed their signatures on amendment to COMELEC Resolution No. 7767? Are they deliberately delaying it? COMELEC Spokesperson James Jimenez claimed it was a *HONEST MISTAKE* in the insertion of the provision in the resolution. It appears that COMELEC has adopted Yo-Yo policy (urong-sulong).
Amendment to COMELEC Resolution No. 7767 approved by the COMELEC
Posted by comelec-eid on 30th January 2007
Commission on Elections (COMELEC) Commissioner Florentino A. Tuason today said that the provision in Comelec Resolution No. 7767, the implementing rules and regulations of the Fair Elections Act (RA 9006), that limits the publication of surveys affecting national and local candidates has been corrected.
COMELEC Spokesperson James Jimenez reiterated that the insertion of the provision in the resolution was the result of inadvertence and not at all intended to curtail the people’s right to information and limit the freedom of the press.
He said copies of the amended resolution will be available once all Commissioners have affixed their signatures on the document.
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