It was admirable of James Jimenez, director for public information of the Commission on Election, to admit on TV a gross mistake by the Commission in its Resolution 7767 implementing the Fair Election Act (RA 9006) in relation to the May 14, 2007 synchronized national and local elections.
There’s a provision in Comelec Resolution 7767, promulgated Nov. 30, 2006, that says, “Surveys affecting national candidates shall not be published fifteen (15) days before an election and surveys affecting local candidates shall not be published seven (7) days before an election.”
Pia Hontiveros, host of ANC’s “Strictly Politics”, said they discovered the disturbing provision during a seminar conducted by ABS-CBN on election laws, rules and regulations last Saturday in preparation for the May election. She then decided that it would be the topic of “Strictly Politics” last Tuesday. (I’m editorial consultant of that show.)
Pia asked, could the ban have something to do with the fact that those who are leading in the senatorial surveys are identified to belong either with the opposition or critical of the Arroyo administration?
When the Comelec first introduced that ban in 2001, it justified the prohibition that it was to prevent the manipulation and corruption of the electoral process by unscrupulous and erroneous surveys just before election.
It was to prevent the “bandwagon effect” which could result in the publication of leading candidates a few days before election day, Comelec said.
Mahar Mangahas, head of Social Weather Station, said there is no scientific study on the influence of surveys on the voters. But the point is, he stressed, polling is a legitimate activity and the pollsters should not be punished if people can’t discern.
The Supreme Court, in the 2001 case of Social Weather Station and The Manila Standard versus Comelec, said it is doubtful whether the government can deal the the natural enough tendency of some voters to be identified with “winners.”
“Mere legislative preferences or beliefs respecting matters of public convenience may well support regulation directed at other personal activities, but be insufficient to justify such as diminishes the exercise of rights so vital to the maintenance of democratic institutions,” the SC ruled.
Last Tuesday, we had as guests in the studio Jimenez, lawyer Edwin Lacierda, and Vergel Santos, Businessworld columnist. By phone, we had Mangahas, head of SWS, who together with Manila Standard, questioned the very same provision banning pre-election surveys before the Supreme Court in 2001.
SWS and Manila Standard won the case. The High Court declared the provision invalid because (1) it imposes a prior restraint on the freedom of expression, (2) it is a direct and total suppression of a category of expression even though such suppression is only for a limited period, and (3) the governmental interest sought to be promoted can be achieved by means other than the suppression of freedom of expression.
We wondered why the Comelec reinstated the offensive provision in its resolution for this year’s election.
Jimenez knew that the topic for last Tuesday’s “Strictly Politics was CR 7767 but had not paid attention to the particular provisions on surveys. We discussed about it before the start of the show and he had the good sense of calling up his staff.
Some checking revealed that the offensive provision was not in the 2004 provision, apparently in compliance with the SC 2001 decision. Five minutes before the show, Jimenez got confirmation that the insertion of that provision was “an honest mistake.”
“That thing is not supposed to be there,” Jimenez said, adding that the Commission will be issuing a corrective resolution.
Santos called it a “stupid mistake.” Lacierda said the mistake, honest or stupid depending on how one would take it, is a reminder for the public to be always vigilant.
Mangahas said he will only believe that the Comelec did not have any intention of defying the Supreme Court decision if he sees in writing the correction of CR 7767.
Santos advised the Comelec to stick to their job of making sure that the election is free and orderly and that the votes be counted correctly.
Jimenez assured the public that the Commission will be faithful in implementing the law. Lacierda advised the Comelec that “in the course of implementing the law, they should not expand the intentions of the law.”
Well, seems they’re now learning and has made “I’m sorry” the living political dogma of this era.
So, there’s an honest mistake committed by the COMELEC?!
But knowing Comelec, inspite of the assurance of James Jimenez that the Commission will be faithful in implementing the law, we are smelling something fishy at this early. With the penchant of gma (and abalos for letting garci scot free on saying hello without his knowledge kuno) of withering the rule of law, sino kaya ang maniniwala rito?
Yastakei, pahiram: Patalsikin na! Now na!
Diwata, pahiram: Alis dyan! May kiliti ako dyan!
Manay Chi, pahiram: T#@$%^&**&^do ka!
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Surveys so far had been unfavorable for the administration. Was it a dishonest admission of an ‘honest’ mistake? Nice try. No wonder, “Lacierda said the mistake, honest or stupid depending on how one would take it, is a reminder for the public to be always vigilant.”
Does anyone still believe the COMELEC ? They lost their credibility when GLORIA said “Hello” to “Garci”. They are just a pretending body occupying space in government. GLORIA & the GLORIALETS, will woon become non-entities.
‘Honest mistake’?! Kiss Dirty Mama Glueria’s #$$!
Buti na lang Ellen at nabisto ninyo, kundi ay patay na naman ang publiko!
Massive cheating will again be employed by gma and her Comelec’s cheats. That’s my reading on the Comelec’s dishonest wrong mistake.
There’s our sneaking suspicion that the Third Force is really the handiwork of gma political operatives to distort the results of the elections once again with comelec fielding garci-like sycophants who will do it for the big bucks.
Somebody emailed me this.
Why do these sanctimonious shits of the Edsa I and II continue to blast Estrada and his group? Because, as they claim, those identified with Estrada have been rejected by the people? Even in this claim, they continue to distort the facts and the senatorial elections will prove that those identified with the Estrada-led opposition will be the people’s choice, not their so-called Third Force.
The truth is that the formation of a strong Third Force is almost an impossibility given that “independents” running on a national level have very little chance of winning — especially those bets, or would-be senatorial bets, are still going to be seen by the electorate as still being administration bets. Besides, if it is difficult for Gloria and her team to complete a strong 12-man senatorial slate, it will be much more difficult for a group of so-called independents to come up with a strong 12-man slate. Worse, independents, by their very nature, can’t campaign as a team, because each becomes a rival candidate.
One can of course win as an independent, but only if that candidate is overwhelmingly popular with the electorate — which translates to the masses’ vote. But who, among the so-called independents in the Third Force, are that popular to overwhelmingly win the vote?
Admit it or not, the political opposition being put up by UNO in the Senate has the edge in the May elections. Unless, Comelec will do it again as they did it their way in 2004.
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Many are anticipating the CHEATING in the May elections. However, the COMELEC will not be prepared for consequences.
ABALOS should just go back to being a caddy ! He’ll do the nation good by RESIGNING !
COMELEC Chief Abalos is a crook. The poll automation will make him and his son very rich.
The opposition has the potential to win but why do I doubt it? I have this queasy perception that the cheating machine will become “better” at their game as they “improve” on their techniques. It could be a battle between experienced cheaters and hopefully more vigilant citizens. Any lapse on the vigilance of the citizenry will spell doom for the opposition. We can not afford this to happen again!
Not_Alone1000
You are not alone in saying abalos is a crook because of the poll automation.
It brings us the fact abalos is involved in the multibillion automated machine contract with Mega Pacific Consortium which was found anomalous by the Supreme Court, but was quickly deemed by ombudsgirl Gutierrez as being completely baseless, since not a single iota of evidence to show any graft or any anomaly was present, even if she earlier singled out Commissioner Rex Borra as being guilty of graft in the case.
Joeseg: Voters must guard their votes with their lives for as long as Abalos is COMELEC chief.
The logic of the Comelec’s (honest mistake) and Gloria’s (I’m soory) could be likened to ” stealing is not bad until caught and thrown to Jail”. And by the Way four of my co-workers were escorted by cops out of our place of work in handcuffs for being caught. Too bad these crooks ( the garcis and the glorias) can get away with theirs.
If comelec in not committing honest mistakes and will ensure having a clean elections this May 7, they should be at the lookout now of the perceived fund raising campaign launched by gma with her operatives doing the leg work. She will always deny it, of course, and say sorry later.
The stepped-up fund-raising of the administration is being felt all across the bureaucracy.
1. The questionable deals include the undervaluing of PLDT/PTIC shares which are being sold at P8 billion below market price.
2. The continuous licensing by Pagcor of new casinos to foreigners
3. Tthe overpriced purchase of customs X-ray equipment from China.
4. The procurement contracts of the Duty Free shops.
5. The resumption of jueteng all over the country.
6. The 30 percent commission demanded for contracts of DPWH/
7. The purchase of additional trains for LRT and MRT lines.
8. The importation of rice by NFA.
9. The contracts for the P10-billion fund released to the AFP
10. The release of the pork barrel to gma selected and favored solons.
But knowledgeable sources say of the P20 billion being raised, only P5 billion will actually be spent for the election campaign. Saan mapupunta yong iba? Baka sa Switzerland, di ba bos?
A veteran politico like Comelec Chairman Benjamin Abalos cannot be trusted. He is the last person on earth to put public trust on him. There’s no official Comelec investigation on alleged massive electoral fraud in 2004 presidential election. The so-called Tirador-election manipulators were promoted. I think it is an honest mistake if caught pants down, if not it’s the law. Comelec lawyer James Jimenez’ assurances to have clean and honest elections are empty words.
Kudos to Strictly Politics and ABS CBN for pointing that out. Another palusot gone awry.
I don’t believe it’s an honest mistake. Mistakes are committed only by incompetents, not by intelligent crooks who made a fortune out of failed deals and a fake president out of masterful cheating. Honest? Hell, not even!
With this government, “honest mistake” is an oxymoron.
“With this government, “honest mistake” is an oxymoron.”
Totally agree with you Tongue!
When the opposition wins by 12-0,
Malacanang and Comelec will call it an honest mistake.
Thats what I think..
Tama ka rin siguro, apoy. Pag na-zero ang administrasyon sasabihin ni Abalos, “Sira pala yung computers na nag-autotransmit ng results. Panalo pala ang Lakas-Kampi Coalition by 8-4 and not 12-0 by the Opposition. We are sorry, it was an honest mistake.”
Huwag mo kakalimutan yung misyon mo apoy, ikaw ang susunog sa baboy, diba? Litsunin mo ng tostado.
Honest mistake (of fact) in our revised penal code is a justifying circumstance. No criminal liability.
Comelec is telling us that it is a 27-word typographical error, an honest mistake. So spare them from any liability. Fools! In fact it is aggraviating not mitigating nor justifying.
Everything this damn govt of gloria doing is a GROSS mistake! And they keep on commiting mistakes and always justifying.
Vic: “And by the Way four of my co-workers were escorted by cops out of our place of work in handcuffs for being caught. Too bad these crooks ( the garcis and the glorias) can get away with theirs.”
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Same here, Vic, except that when they arrest erring professionals, they are summoned to the police station or escorted to the police station to save them from some embarrassment, because over here, they do not just handcuff a person being arrested, they also tie a rope around his/her waste attached to the handcuffs to insure that he/she cannot escape. Everything is done by and with ritual as a matter of fact.
Tongue T: “I don’t believe it’s an honest mistake. Mistakes are committed only by incompetents, not by intelligent crooks who made a fortune out of failed deals and a fake president out of masterful cheating. Honest? Hell, not even!”
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Sinabi mo pa. Palusot lang ang mga ungas. Hindi mo nga malaman kung nagtatanga-tangahan lang o talagang bobo dela yuca! But enough is enough. Filipinos should stop tolerating all these “honest mistakes” and “lapses of judgment” of these incompetent officials who are there only to fatten their pockets! Nagmalaki pang mga Ateneans daw sila!
BTW, di ba S.J. din iyong paring kano na ipinagtatanggol iyong malibog na sundalong kano? Pwe!
I posted this comment below few days ago and it is very relevant on the “honest mistake” committed by the COMELEC. It is about time to “overhaul” the people in the COMELEC. Let us move for the removal of Commissioner Abalos. Nothing had been done for the improvement of our electoral system..Nothing..What a waste of billions of pesos for the reforms and modernization of the COMELEC. The COMELEC is incompetent and the people running it are simply “idiots and stupid”. How can they solve the problems on the conduct of elections if they can not even “review and proof-read” their resolutions? Simply, “idiots and stupid” people! God Bless Our Country!
What is the main problem why we “whine” and criticize our goverment officials up to the President? Because we think that these people did not truly win and they cheated in the elections. So, who made these candidates win? First, it’s the people, the voting populace, who made them win the elections. And secondly, the entity that counts the votes of the people.
On the first element, it is hard to determine what a voter is in his mind when he is casting his/her vote in the polling place. Everything depends on his judgement and opinion about the candidate basing from the criteria he set forth as his standard for a good government servant. There is not much problem about this. The problem comes now if his/her vote is not counted by the very insitution of the government or society whose mandate is to uphold a honest, orderly, peaceful and transparent conduct of elections.
Ellen, I suggest something has to be done with the COMELEC through your column/blog and investigative reporting. First, the people, up to this time, is not aware of the actual exact number of voters in every town, city, province, district, region and for the whole nation. Second, the voters list is not updated despite acceptance of new registrants. Third, counting is still in the “stone-age” practice. Fourth, “disenfranchisement” of voters is still in existence during election day. Fifth, the COMELEC Commissioners are all politicians. Sixth, the COMELEC officials can be bribed depending on who is the “highest bidder”. Seventh, the military and the police should not be used in the conduct of elections in any capacity.
Baka lang makalusot!
Quote for today:
“Ronald Ronald was Mr. Teflon, no mud thrown his way could stick. Gloria must have a face made of Kevlar; it’s impenetrable to shame.” — Malaya Editorial today.
Ang kapal talaga ng mukha, sementado. Wow, expecting a call daw from Bush for the ambush of one Abu Sayaff caught relieving himself in some words. Tumakbo daw na hubo ang salawal. Binaril, kaya iyong coroner pa siguro ang nag-ugas ng puwit ng pobreng Moslem na baka hindi naman ASG!
Don’t know whether to laugh or not on this news! Detalya pati pagtae ng biktima! Susmaryosep!
Sorry, this should read: “Ang kapal talaga ng mukha, sementado. Wow, expecting a call daw from Bush for the ambush of one Abu Sayaff caught relieving himself in some WOODS!”
They should abolish the COMELEC. It has become a useless agency. Sayang ang taxpayers’ money spent for its upkeep. Puede na sanang gawin iyang ng local government ang kaso marami rin palpak because of the warlords.
BTW, bakit kailangan ni Pacman ang 20 armed guards? Sobra naman ang ambisyoso ng taong iyan ngayon. Diyan nag-uumpisa ang mga warlords sa totoo lang. Alisan ng mga armas iyang kapag hindi natigil ang mga kayabangan ng mga iyan. Puro hoodlums! Yuck!
Baka pati alagang manok na Texas ni Pacman may bodyguard. Salamat sa mga bobong Comelec konsomisyoners.
The government should not give special accommodation to mr manny pacquiao. As I said, COMELEC is “idiot and stupid” to exempt the carrying of firearms of his 20 bodyguards. He does not need any bodyguards. There is no threat to the life of manny pacman. What he needs are good advisers and promoters. He is better of in the number of bodyguards than the security of the Vice-President and most of the Senators.
Over in the Land of the Rising Sun, we don’t have a Comelec, nor anyone having armed guards or anyone carrying guns except policemen or military with special authorization only. Bawal, but our elections are peaceful and clean. Walang nagpapatayan! There must be really money in Philippine politics that Filipinos kill to get elected, etc. Tapos kuno mga religious sila! What a bunch of hypocrites!!!
My condolence and sympathy to all! Ang daming idiots. In a new loop, Ellen posted the news on the awarding of the idiots who stormed the office of the governor sans due process of law. Hoodlums talaga!
Kawawang bansa! Wala na ba talagang pag-asa?
The only way the opposition would win in this May 2007 is for them to be pro-active. Each candidate should have at least the same number of election watchers as the cheating camp. Guard the votes with their lives if they have to. They can not rely on the comelec people. All these comelec gangsters know is to protect the votes of the highest bidder. Nothing more! The Comelec is one of the biggest cheating arm of the administration. Since elections are just held every couple of years or so, these election leaches have to make a killing at voting time. They have to score big. So for the candidates who think they can win by the will of the people, think again. Unless you secure your votes, YOU WILL LOSE! As early as now, the candidates should start recruiting for their VOTE GUARDS! Start with the teachers. They man the election booths. If you know of any military unit who will be used in the elections again, make sure they are your allies. They should know better now how to handle the situation( after the 2004 cheating). Tell everyone to document anything anomalous! Take videos and cameras in election places. Take turns in guarding the voting areas. Remember that the tiyanak has very deep pockets(she has the Philipppine treasury at her disposal). THINK OF HOW TO SECURE YOUR VOTES! BE VIGILANT! THIS IS OUR ONLY LEGITIMATE CHANCE TO INFLUENCE OUR DESTINY! LET US DO IT RIGHT!
I read in one of the Newsbreak articles that most of the election bloggers are oversees workers and they are not necessarily registered to vote either. Well, as long as the local voters read their blogs, okay na rin! It is still worth blogging. Keep blogging comrades!
honest mistake? wrong mistake! he he he heeeeh!
comedy of error!
wala na bang bago? ‘yung matino naman!
Tongue T., sabi mo lilitsunin iyong mga squatter ng Malacanang ng tostado. Kanino ipapakain?
Idi-display sa museum, meron bang kakain niyan e siguradong bulok ang laman. Lalo na kung itong aso kong askal ang pakakainin siguradong iisnabin yan dahil ang kinakain lang nito dinuguan at pink salmon.
Buti naman Tongue T, class ang aso mo! Hindi kumakain ng kaningbaboy ala-Malacanang! 😛