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Monday, November 17, 2008
Suspension of recall petition 'unconstitutional'
CITY OF SAN FERNANDO -- The group that initiated the recall petition against Pampanga Governor Eddie Panlilio branded the Commission on Elections' (Comelec) move to suspend all recall petitions "unconstitutional".
Kapanalig at Kambilan ning Memalen (Kambilan) group said such move of the poll body is in violation of the constitutional rights of the electorate.
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"The recall petition is a safeguard of the electorate. There should be no hindrance and delay for the petition to take its due course. Not even funding constraints," Rosve Henson, leader of the group said.
Kambilan has submitted more than 200,000 signatures to the poll body for its recall petition.
However, the Comelec has put on hold all filed and pending recall petitions due to financial constraints.
According to the poll body, it only has a P5-million available fund for recall elections, and the recall election in Pampanga requires at least P40 million.
In a resolution promulgated last November 13, the Comelec en banc stated that despite the "numerous recall petitions filed and pending before the poll body, they decided to stop accepting such petition for lack of funds."
"The commission resolved, as it hereby resolves, to suspend action on all petitions filed and pending before the Commission until funds are made available for the purpose," part of the Comelec Resolution 8547 read.
Henson, however, said the funding constraints are the least of the concerns of the petitioners.
"As far as we are concerned, the funding requirements of the recall are beyond our control. What we are after here is the Comelec's decision on whether or not the recall petition in Pampanga is sufficient in form and substance," Henson said.
Refusing to let their spirits be dampened by the new Comelec resolution, Henson said they are looking on the legality of the matter.
"We are consulting our legal team on what steps to take because somehow there is a violation of the Constitution if the electorates are denied their right to initiate a recall as guaranteed by the constitution," he added.
Panlilio, on the other hand, welcomed the decision as "a time to unite."
"It's time to move forward. We only have 21 months before the next elections. All our energies should be spent to collectively serve our province and our people," Panlilio said.
The governor also maintained his belief that the recall petition filed against him by Kambilan would be dismissed due to its "insufficiency in substance and form."
"We do not need a recall that would divide our province. What we need is to move and work together," Panlilio added.
Comelec Commissioner Rene Sarmiento meantime said they will just accept petitions but not act on it, unless there are funds available to finance the purpose.
The funds or the amount to hold a recall petition will depend on the area and on how many voters that such area has, added Sarmiento.
The Comelec official said their office will accept recall petitions only until May 2009, one year before the scheduled 2010 national polls.
The Department of Budget and Management (DBM) is the agency releasing funds to finance the recall elections. (IOF/Sun.Star Pampanga/Sunnex)
For more Philippine news, visit Sun.Star Pampanga. For Bisaya stories from Davao. Click here. (November 17, 2008 issue)
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