Department of the Interior and Local Government Secretary Benhur Abalos Jr. is seeking clarification from the Commission on Elections regarding the involvement of barangay officials in gathering signatures for the people's initiative.

Abalos' stance comes on Tuesday amid confusion over the legality of barangay officials gathering signatures for the initiative, particularly during non-election periods.

While Comelec claims the matter falls under the DILG's purview, Abalos insists on seeking clarification before issuing any definitive guidance.

"This is a very sensitive issue, it's difficult to make any move," Abalos said in a Palace Briefing.

"I won't just do something based on my own decisions because these documents have been released; I just want to clarify this," Abalos added.

Abalos was referring to a Comelec en banc resolution dated 8 April 2022, which appears to exempt elected barangay officials from the prohibition on partisan political activities under Section 261 of the Omnibus Election Code.

The portion of the Comelec Resolution mentioned that: "Elective Barangay officials (are) excepted from the prohibition [on partisan political activities] under Section. 261 (i) of the Omnibus Election Code."

He also noted the existence of other potentially conflicting resolutions and circulars, including the 2016 Comelec-CSC Joint Circular No. 001 that refrains government officials from participating in electioneering and partisan activities.

"This is a very sensitive issue," Abalos emphasized. "I just want to be clarified on this. I won't just decide on my own." He further stated his intention to meet with Comelec Chairman Garcia for further discussion.

The DILG chief clarified that he has not yet received any reports or information about specific barangays or officials involved in the signature campaign.

However, he encouraged the public to report any instances of potential violations.

"The public is more than welcome too; just tell us," Abalos said. "But, again, I should be guided. I just want to be clarified on these laws," he added.

A constitutional right to engage in PI

Abalos declined to give a definitive answer on whether the signature gathering should be halted pending clarification from the Comelec.

He reiterated the importance of adhering to legal procedures to avoid any potential harm or legal repercussions.

Despite his apprehension, Abalos acknowledged the constitutional right of citizens to engage in people's initiatives.

"It's in the constitution. It's clear what it is," Abalos said, referring to the provision allowing for amendments through the Constitutional Convention, Constituent Assembly, or citizen-led initiatives.

However, he stressed the need for clarity on whether non-election periods impact the applicability of such regulations.

To this end, Abalos plans to meet with Comelec officials to seek further guidance to avoid mistakes.