Outdated election laws

Election lawyers Romulo Macalintal, or Atty. Mac as he is fondly called, and George Garcia were my guests during our weekly Kapihan sa Manila Bay at Cafe Adriatico in Remedios Circle in Malate. The two of them are the most prominent, if not the most popular election lawyers in the Philippines for their track record and reputation defending the cause of their clients before the courts and most especially at the Commission on Elections (Comelec).

In fact, both are more than qualified to become Comelec commissioners, if not chairman of the poll body. But lawyering for election winners/losers for both of them seem to be more lucrative than joining the government service. They have shunned nominations by their satisfied customers who include former presidents and vice presidents of the country, senators to congressmen and other elected officials.

At present, Macalintal and Garcia are at the opposite ends of an election protest pending before the Presidential Electoral Tribunal (PET). Macalintal is the lead counsel of the camp of Vice President Leni Robredo. Garcia, on the other hand, is one of the lawyers of ex-Senator Ferdinand “Bongbong” Marcos Jr. who is contesting the victory of VP Robredo over him in May elections last year.

A little birdie from Malacanang Palace chirped that Garcia was among those in the “short list” of nominees to replace resigned Comelec chief Andres Bautista. President Duterte averted Bautista’s impeachment trial after he accepted the post-dated resignation of the erstwhile Comelec chairman.

Last week, President Duterte “nominated” incumbent Commissioner Sheriff Abas as the new Comelec chairman to serve the un-expired term of Bautista which is supposed to end in 2021 yet.

The nomination of Abas was issued at a time that both chambers of the 17th Congress are still in session. Thus, Abas could not assume yet his post. The President can only issue ad interim appointment to the new Comelec chairman when Congress adjourns for their Christmas break starting Dec. 16. In the meantime, senior Comelec commissioner Christian Robert Lim remains “acting” Comelec chairman.

If the Commission on Appointments (CA) goes on Christmas recess without acting on the nomination of the new Comelec chairman, then Abas is considered technically by-passed. However, it is only then also that President Duterte can issue ad interim appointment to enable Abas immediately assume his post as Comelec chairman.

Incidentally, the seven-man Comelec is composed of four appointees of former President Benigno”Noy” Aquino III. They are namely, Ma. Rowena Guanzon, Arthur Lim, Al Parreño, Luie Tito Guia, Lim and Abas, too. But Abas now is an appointee of President Duterte as incoming Comelec chairman.

Abas is a nephew of Mohaqer Iqbal who is the official spokesman of the Moro Islamic Liberation Front (MILF) when P-Noy appointed him to the Comelec in 2015. Hence, it was perceived as part of the government package deals with the MILF under the peace agreement forged with them by Mr. Aquino in March 2014. 

With Abas as the incoming Comelec chairman, Garcia rightly noted, sends a very good signal for the Mindanao peace process being continued by the Duterte administration. And for the first time in our country’s history, Garcia cited, the top officials of the land all come from Mindanao starting with the former Davao City Mayor and now President Duterte.

Likewise, Senate president Aquilino “Koko” Pimentel III and House Speaker Pantaleon Alvarez hail from Mindanao. Pimentel is from Cagayan de Oro while Alvarez is congressman from the first district of Davao del Norte.

This bodes well for the easy-sailing confirmation of Abas with fellow Mindanaoans sitting in the powerful 25-man CA chaired by the Senate chief. Once Abas assumes his post as Comelec chairman, there will be a new vacancy to fill and serve his unexpired term until February 2022. The seven-year term of the two Lims will lapse by February 2018.

Effectively then, President Duterte will have four appointees at the Comelec to constitute the majority in any voting en banc decisions.

The three remaining Aquino appointees at the Comelec: De Guia and Parreño will serve until February 2020 while Guanzon’s term lapses in February 2022.

The incoming Comelec commissioners must hit the ground running as the poll body must start preparations for the next scheduled elections in the country, the first one of which would be the holding of the barangay and Sangguniang Kabataan (SK) elections reset in October next year.

More than handling election cases, Garcia pointed out, the job of Comelec is more of administrative matters to ensure transparent, credible and honest elections. By way of ratio, Garcia noted, only about 15 percent constitute disposition of election cases and the rest, or 85 percent are administrative concerns like deployment of election officers all over the country.

One big administrative problem of the incoming Comelec chairman, Garcia cited, is losing their present offices at the Palacio del Gobernador building in Intramuros, Manila by the end of this year. According to him, the Office of the President – which owns the building – sent notice to the Comelec to vacate the building by Dec. 31. The building has served as its head office in Manila after their old two-story main office located beside the Palacio was burned down in 2007.

 Another most urgent administrative matter for the Comelec, Garcia stressed, is the need for a new law that would update and codify the 32-year-old Omnibus Election Code, or Batas Pambansa Bilang 881. Garcia noted with dismay our country’s body of laws for all election matters dated back to 1985 when we still have manual elections.

Ironically, we had had automated elections for the past three national and local elections in 2010, 2013 and in 2016. It is only the barangay and SK elections that are still being done manually. Garcia rued, all laws passed pertaining to automated elections were mere “patchworks” while the rest of BP 881 remain unchanged.

No wonder, our outdated election laws are invoked by losers who claim they were cheated by machines.