Macalintal raised concerns regarding proposed Cha-cha plebiscite
Romulo Macalintal, an election lawyer, has expressed doubts about President Ferdinand Marcos Jr.’s proposal to hold the 2025 midterm elections and the Charter change (Cha-cha) plebiscite simultaneously, citing constitutional concerns.
According to Macalintal, the proposal to conduct a plebiscite alongside the elections may be constitutionally infirm. He referenced Section 4, Article XVII of the 1987 Constitution, which mandates that the ratification of any amendment to or revision thereof should be done “in a plebiscite,” emphasizing that it does not mention conducting the ratification in conjunction with an election.
Macalintal pointed to past legal cases, particularly the November 1967 consolidated cases of Gonzales v. Comelec and Philconsa v. Comelec, which challenged the constitutionality of Republic Act 4913. This law allowed proposed amendments to the 1935 Constitution to be submitted to the people alongside regular elections scheduled in November 1967.
In those cases, Macalintal noted that a majority of Supreme Court justices deemed RA 4913 unconstitutional because the people should be free from considering extraneous matters, such as the election of public officials, when deciding on amendment proposals.
Although RA 4913 was ultimately upheld due to the lack of concurrence by eight justices, Macalintal underscored the principle that the people should focus solely on the proposed amendments during a plebiscite.
Meanwhile, the Commission on Elections (Comelec) stated that questions regarding the constitutionality of synchronizing the 2025 midterm polls and a plebiscite should be brought before the Supreme Court. Comelec emphasized that the issue falls outside its jurisdiction and is a political matter.
Some lawmakers, including House Deputy Speaker David “Jay-jay” Suarez, advocated for holding the plebiscite separately from the 2025 midterm elections to ensure that the public can focus on the proposed amendments without political distractions. They emphasized the importance of allowing people to fully understand the amendments being proposed without politicizing the process.
Politics News: Macalintal raised concerns regarding proposed Cha-cha plebiscite
