IRIGA CITY, Camarines Sur — The Commission on Elections (Comelec) can allow foreign election observers inside polling places under certain conditions, said election lawyer and former senator Leila de Lima. She clarified the limits set by law but acknowledged Comelec’s authority to regulate observers’ presence.
Foreign election observers inside polling places: What the law says
De Lima responded to Comelec Chairman George Garcia’s decision to deny the European Union Election Observation Mission access inside polling precincts during the May 12 election. Garcia cited the Omnibus Election Code (OEC), which does not specifically allow foreign observers inside polling places.
“Chairman Garcia is correct. The OEC strictly limits who may enter polling precincts—voters, electoral board members, and watchers. Even armed personnel have restrictions and must stay at least 50 meters away,” De Lima explained during a press briefing in Camarines Sur.
She added that foreign election observers can be permitted inside only if there are clear, strict guidelines. “If it is standard practice for foreign observers to be inside precincts, they may be allowed under specific conditions. However, their access cannot be unrestricted or unregulated,” she said.
Comelec’s authority on foreign election observers inside polling places
De Lima emphasized that Comelec holds the authority to create rules balancing the election code’s limitations and the need for observer transparency. “It is true that only a few people should be inside polling places. But Comelec can justify setting regulations as election supervisor,” she said.
The OEC’s Article 7, Section 52(k) B.2 states that accredited citizen group members cannot enter polling places except to vote and must stay 50 meters away if they choose to observe. Meanwhile, Comelec Resolution 11121 requires poll observers to have consent from the chairman of the Electoral Board to enter polling precincts.
Despite these rules, Garcia maintains that laws override Comelec resolutions.
Beyond foreign election observers inside: Voters urged to look past surveys
On the last day of the 90-day campaign period for national candidates, De Lima urged voters to focus on qualifications rather than pre-election surveys. She encouraged support for the ML party-list, which she leads as the first nominee.
“To those hesitant to vote for ML, your vote will not go to waste. Our nominees are capable lawmakers who will genuinely represent marginalized sectors,” she said. De Lima stressed the importance of voting for candidates who truly fight for the welfare of the less privileged.
Priority legislation for marginalized sectors
De Lima highlighted two key bills ML plans to push: providing annual cash gifts to indigent senior citizens aged 60 and above, and reforming how the national budget is finalized between the House and Senate.
She argued that waiting until seniors turn 100 to receive cash gifts is ineffective. “Very few reach 100, and the money often becomes a source of family disputes,” she said. Instead, she proposed tiered annual benefits: P25,000 for ages 70 to 79, P50,000 for 80 to 89, P75,000 for 90 to 99, and P100,000 for those 100 and older.
“We must increase support for seniors and persons with disabilities,” De Lima concluded, calling for meaningful action through legislation.