Political news , opinions and views for 2010 Presidential election

May 5, 2010

Postpone elections, Arroyo lawyer urges

By Christine O. AvendaƱo (Philippine Daily Inquirer)
Link: http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20100505-268136/Postpone-elections-Arroyo-lawyer-urges

MANILA, Philippines—President Gloria Macapagal-Arroyo’s election lawyer Tuesday sought the postponement of the May 10 polls for 15 days “as the only remedy to prevent a failure of elections” and to give poll officials enough time to prepare for manual elections.

Lawyer Romulo Macalintal said the Omnibus Election Code allows for the Commission on Elections (Comelec) en banc to reset the polls “based on serious cause like the apparent failure of the precinct count optical scan (PCOS) machines to properly and correctly function.”

“Under the present situation, a 15-day postponement would be reasonable to give time for the Comelec to print additional forms for manual tally and canvass,” he said in a statement. He stressed that this was “not the time to blame anybody but the time to solve this serious problem.”

In a phone interview, Macalintal said there was a legal basis for Comelec to postpone the polls, citing the Supreme Court’s decision three months ago in the case of Harry Roque versus the poll body.

He noted in that ruling that there could be failure of elections because the ballots are still there to be counted. “So if the machines malfunction, the Comelec can go manual,” he said.

Macalintal also said the poll body had “broad” constitutional powers to effect a manual count if this would ensure the conduct of clean, honest and credible elections.

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