Comelec okays early voting for media

MANILA, Philippines - The Commission on Elections (Comelec) yesterday granted a petition seeking to allow early voting for members of media to prevent their disenfranchisement.

Voting 5-0, the Comelec ruled that media are their partner in ensuring the conduct of “honest, orderly, and peaceful elections” through continuous coverage and reporting of poll-related events.

However, fulfilling their duties during elections prevent many media members from exercising their right to vote because they are often assigned to render “election-related duties” in areas “other than their places of registration.”

“It is because of this duty that most, if not all, members of the media are not able to cast their votes for the reason that they are deployed in different places, thereby effectively disenfranchising them, removing from them their sovereign right to suffrage,” the Comelec ruling stated.

The decision stemmed from a petition filed by media personalities, represented by election lawyer Romulo Macalintal, which invoked that media’s right to vote should be similar to the privilege granted to detainees under Resolution No. 881 issued in March 30, 2011.

Such voting privilege is also afforded to members of the Armed Forces of the Philippines (AFP), Philippine National Police (PNP), and other government officials and employees who are obliged to report to duty even during election time, as provided under Republic Act 7166 on local absentee voting.

In granting the petition, the Comelec cited Section 2, Article V of the 1987 Constitution which states that suffrage may be exercised by all citizens “not otherwise disqualified by law.”

Such right, the poll body said, is violated when one is not given a chance to cast his vote.

The Comelec noted that “disenfranchisement definitely runs counter to the purpose of elections as it will silence the voice of those who are not otherwise disqualified to vote.”

“The members of media, unless otherwise disqualified by law, are granted by the Constitution the right to suffrage. Recognizing their invaluable contribution to democracy, this Commission will not allow itself to be a party to their disenfranchisement,” the poll body said.

The Comelec had ordered its Committee on Local Absentee Voting to “draft the necessary rules and regulations that will govern media voting.”

Those who voted in favor of the petition were Chairman Sixto Brillantes, and Commissioners Rene Sarmiento, Lucenito Tagle, Armando Velasco and Elias Yusoph. 

Dissenting opinion

Commissioner Christian Robert Lim, however, dissented, claiming the Comelec is “without authority to allow the petition.”

Lim said that RA 7166 limits absentee voting only to those “enumerated in the law” and this does not include members of media.

“It is in this light that I see no logic in allowing the subject petition. It is not the province of this petition to legislate rules and regulations governing the early voting of the members of the media when there is no law authorizing such. Noble the intention may be, this Commission should not yield to a demand where the tenor and meaning of existing legislation does not permit it do so,” Lim said in his dissenting opinion.