Commission on Elections spokesman James Jimenez says the March 10, 2016 minutes of meeting can be considered as having the effect of a resolution to set mall voting in force.
Jimenez partly admitted that “technically” there is no resolution of mall voting but the March 10 resolution “noting” the finding of the Election and Barangay Affairs Department about mall voting can be considered as a resolution.
Thus, the several documents which Comelec chief Andres Bautista showed before the media gave him an authority to enter into a memorandum of agreement with 86 shopping mall owners.
But former Comelec commissioner Gregorio Larrazabal argued that in the absence of a formal resolution and the fact that rules about mall voting are not included in general instruction mean that Bautista’s project is illegal.
“Sixteen days before the election, there is no Comelec Resolution approving mall voting and no general instruction for it. So what now?,” Larrazabal said, adding that the en banc has yet to respond from his letter of clarification.
On Wednesday, Larrazabal questioned the approval of voting in shopping malls, despite the absence of a resolution approving the transfer of 352 clustered precincts to the commercial centers.
He said it was illegal for Bautista to issue a memo dated April 14 without copy furnishing the six other commissioners, and ordering selected regional election directors and provincial election supervisors to start coordinating the transfer or clustered precinct to malls.
“There are two issues which we raised to the Comelec. The first is, is the memo is genuine because we just got the copy; and second is it appears not to be not in conformity with the law on transfer of polling places,” Larrazabal said.
Larrazabal said it was illegal to transfer the polling precincts since the Comelec failed to meet the three requirements needed.
“If you transfer the polling places now, it’s illegal,” he said.
“When you transfer polling places or clustered precincts from one polling place to another, there are basically three requirements. First, you have to have notice to all parties and voters affected. Second, you have to have a Comelec en banc resolution moving the clustered precincts to the new polling places. And you have to specify the clustered precincts that will be moved. And third, it has to be done not later than 45 days before elections,” Larrazabal said.
Two commissioners who declined to be named said they have not signed any resolution approving the transfer of precincts to shopping malls.
One commissioner admitted that he or she was not aware of what was happening with Bautista’s mall voting project.
The other commissioner said it was already too late to implement the mall voting project.
Bautista said the Comelec en banc had already signed a resolution dated March 10.
“Really, one of the things that differentiates this commission, as distinguished from other commissions, is that we are looking for ways to enhance the voting experience” Bautista said.
He said people will benefit from this project and maintained that mall voting is legal.
But Larrazabal disputed Bautista’s explanation, saying that the March 10 document was not an en banc resolution approving mall voting.
He also added that there are several important things to do than implementing the mall voting.
Larrazabal said, the Comelec has yet to implement a massive voter’s education nationwide, they are still mum on the issue of the replacement of ballots, among others concerns.
