REQUIRING people to present proof they are not infected with Covid-19 to cast their votes in polling precincts is unconstitutional, according to the Commission on Elections.
In a virtual forum on Sunday, Comelec Commissioner George M. Garcia said there is no legal basis for them to require voters to show their negative antigen or reverse transcription polymerase chain reaction (RT-PCR) test results.
Currently, he said the only requirements for Filipinos to be able to vote in an election is, that they should be included in the voters list of Comelec with active registration, and line up in polling precincts.
“It is unconstitutional for us to impose additional requirements for those who can vote,” Garcia said.
Do’s and Don’ts
Likewise, he said, the wearing of a face shield is no longer a requirement for voting in the May 9, 2022 National and Local Elections after the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF) made its wearing in public places optional.
But he was quick to add that wearing a face mask will still be mandated for voters in line with established minimum health standards of the government.
He also pointed out that voters were allowed to bring their cellphone in the polling precincts as long as they don’t use it while casting their votes.
They may also wear colored shirts, based on the color theme of their chosen candidates.
“But they should not wear clothes with the picture of their chosen candidate since it might be considered campaigning, which will be prohibited starting May 8,” Garcia said.
Voter confusion, Macalintal’s beef
Garcia issued the statement after an old newscast of TV5, which recently resurfaced and became viral in social media platform Tiktok, reported that voters must still present their latest negative RT-PCR test results and wear a face shield to vote in the forthcoming polls.
The poll official said they are already aware of the said video and have been informed that TV5 already corrected the said outdated information.
Election lawyer Romulo Macalintal, however, urged the poll body to ask Tiktok Philippines to immediately take down the said video since it could cause confusion among voters.
Likewise, Macalintal also urged the poll body to reach out to the TV5 management to issue another clarification on the matter.
“While I believe that TV5 is not responsible for the circulation of said video, it is also requested that TV5 management be requested to immediately issue a clarification and advisory that the said episode is not updated,” Macalintal said.
Last, he said Comelec should also remind the public that any attempt to confuse the public and spread false information about the election is considered an election offense and is punishable with imprisonment and perpetual disqualification from holding public office.
Medical assistance desk
Garcia did admit that the lack of testing result requirements from voters may allow some Covid-infected voters to participate in the May 9 polls.
Under Comelec’s existing protocols, voters will only undergo temperature checks from their personnel.
If the voters register a temperature over 37.5 degree celsius, and have other symptoms of Covid like cough, they will be brought to isolated polling precincts to cast their votes.
After voting, he said the medical assistance desk to be placed by the Department of Health (DOH) and the Department of the Interior and Local Government (DILG) will determine what to do with the voters who show Covid symptoms.
“If they are really positive [for Covid], we will have the protocols so they could no longer infect other people,” Garcia said.
Confirmed Covid-positive patients, who are already under quarantine or in isolation facilities and cannot go to polling centers, will not be allowed to vote.
“We cannot bring them their ballots for them to vote,” Garcia said.
Garcia said the measures will hopefully prevent the forthcoming polls from becoming a super spreader event as projected by some health officials and experts.