The Commission on Elections (Comelec) on Thursday rejected a request from the European Union Election Observation Mission to allow its observers entry into polling places during the May 12 midterm elections, stating that granting such access would violate Philippine laws.
Comelec chair George Garcia issued the statement in response to comments from EU mission chief Marta Temido, who said their observation work in the Philippines has been going smoothly so far and questioned why the Comelec would not allow them inside polling places.
In denying the request, Garcia cited the 1987 Constitution and a provision of the Omnibus Election Code (OEC), specifically Article 7, Section 52(k) B.2, which states: “Members or units of any citizen group or organization so designated by the Comelec, except its lone duly accredited watcher, will not be allowed to enter any polling place except to vote, and shall, if they so desire, stay in an area at least fifty meters away from the polling place.”
“According to the Omnibus Election Code, only voters, electoral board members, citizen arm watchers, party watchers, and our support staff are permitted inside the polling place,” Garcia said.
“No one else is allowed to enter the precinct. Even Comelec personnel cannot enter without proper authorization,” he added.
Garcia emphasized that under the Constitution, the Comelec is tasked with enforcing and administering electoral laws.
“If the Comelec itself breaches these laws, how can we expect to disqualify candidates who do the same?” Garcia said, adding that the Omnibus Election Code allows only a limited number of accredited individuals to be inside polling places during elections.
He also said the commission en banc is prepared to address any potential consequences raised by the EU observers.
