Set sights on Comelec execs, Rody’s critics told

MANILA, Philippines - Amid talk of impeaching President Duterte even before he formally assumed office yesterday, Sen. Aquilino Pimentel III urged the people behind such moves to focus their energies on the Commission on Elections (Comelec) instead.

Pimentel, who headed the Senate committee on electoral reforms in the 16th Congress, said that the ongoing rift among officials of the Comelec only served to draw attention to themselves and whatever problems they are facing.

“These Comelec commissioners, thanks to them for drawing attention to themselves. If they can’t do their jobs, if there is someone we should impeach, this is where we should be looking at,” Pimentel said in Filipino.

The Comelec has been faced with various controversies in relation to the May 9 elections, including the unauthorized tampering of the source code of the transparency server, which was among the bases cited by losing vice presidential candidate, former senator Ferdinand Marcos Jr., in his petition against Vice President Leni Robredo.

Conflict among the Comelec commissioners and its chairman Andres Bautista also emerged on extending the filing of the Statement of Contribution and Expenditures, delay in the payment of teachers for poll duties, demand for damages by mall operators for the scrapping of mall voting, and even Bautista’s recent travel to Japan. 

Instead of focusing on the President as an impeachable officer, Pimentel said it is the Comelec’s officials who should be the focus of attention of people looking to impeach someone.

“If the Comelec commissioners cannot work together, then we have to get rid of the troublesome person, whoever that is. They still have a job to do in October. If they mess this up, then they have to pay for it,” he added, referring to the forthcoming barangay elections. 

The talks about impeaching the President came from Duterte himself when he discussed how serious he was about fulfilling his promise of cleansing the country of corruption and criminality.

Pimentel said all the talk about impeaching Duterte does not make sense, since his term has just literally started. 

“Although impeachment is a political process, it must be based on something. That’s all political talk that we should discourage or we should ignore, so we can focus on what needs to be done,” he said.

SC case vs SOCE extension

The legal issue on the Comelec extension of the deadline for filing of Statement of Contributions and Expenditures (SOCE) of national candidates in the election last May 9 is not yet over.

The SC dismissed last Tuesday the petition filed by retired Army Col. Justino Padiernos of the People’s Freedom Party and lawyer Manuelito Luna of 1-Abilidad party-list on a technicality. Both of them questioned the Comelec’s decision to grant the request for extension of the Liberal Party’s late filing of its SOCE.

The PDP-Laban of President Duterte will also file another petition before the high court again questioning the legality of the deadline extension.

George Garcia, who will represent the petitioners including presumptive Speaker Pantaleon Alvarez, said their petition will be filed on Monday.

The high court junked the first petition on a technicality, citing failure of petitioners to attach a duplicate, original or certified truecopy of the assailed Comelec resolution as required under Section 5, Rule 64, of the Rules of Civil Procedures.

Luna said they were surprised by the ground cited by the SC in dismissing their petition, saying they submitted a copy of the Comelec resolution last Monday.

“I cannot understand the rationalization of the SC in dismissing the petition. Records show that the petitioners submitted the certified copy of the assailed resolution of the Comelec,” he explained.

“The SC should check its record since we have evidence of the submission and filing of the resolution. I hope the court of last resort is not playing politics here,” the lawyer lamented.

In their petition, Luna and Padiernos argued that the 30-day deadline was set under Republic Act 7166 (Synchronized Local and National Elections and Electoral Reforms Act) and that the poll body “is constitutionally and statutorily mandated to enforce and administer all election laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum and recall.”

They alleged that the extension made by Comelec was tantamount “to an impermissible amendment of Section 14 of RA 7166,” which prohibits those who failed to meet the deadline set by law to assume their respective posts.

The petitioners further said that the Comelec decision was “unfair” and has set a bad precedent.

Voting 4-3 last June 16, the Comelec ruled to grant the LP’s motion for extension and moved the deadline to June 30.

In explaining the ruling, the poll body said it was only proper to allow candidates to take their elective posts as doing otherwise would be unfair to voters who gave them the mandate. Commissioner Rowena Guanzon said an adjustment in the deadline is allowed under the law, which she called “procedural.”  – Marvin Sy, Edu Punay, Mayen Jaymalin