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Opinion

Portent of Comelec decisions to come?

PERSPECTIVE - Cherry Piquero Ballescas - The Freeman

Last November 11, Marcos Jr. was directed by Comelec to “submit his verified answer within five days from receipt of the notice.”

Given Comelec rules of procedure, November 16 was the “non-extendible” deadline for the Marcos camp.

By November 18, however, despite the “non-extendible” deadline rule, Comelec announced:

"[The] Comelec second division just now issued an extension in the cancellation case against former senator Marcos. Five days. But since the fifth day falls on a Sunday, the last day is actually November 22."

Should not Comelec have explained more clearly to the Filipino people why the poll body allowed the extension despite their own rule of “non-extendible” deadline?

More importantly though, should not the Filipinos also start asking why the Marcos’ spokesperson announced the Comelec’s approval of the deadline extension in the morning, hours ahead of the official announcement by Comelec spokesperson Jimenez?

Past 1 pm of that same day, Jimenez said: “I got word from a commissioner that this has not been resolved.”

What actually happened?

Did Comelec spokesperson Jimenez hear only from one commissioner? Is it possible he was informed of the official decision later than the Marcos camp?

If so, how, from whom, and, when then did the Marcos camp get the confirmation of the deadline extension?

Did the Marcos camp hear about the extension directly from one or more commissioners earlier? When?

Also, should the Marcos camp have been informed unofficially ahead of the Comelec official announcement?

Is there any official procedure and schedule for Comelec decisions to be made public?

Or, did the Marcos camp, through its earlier and unofficial announcement of the Comelec extension, inadvertently/providentially reveal any possible “strong connections” inside Comelec?

Did the official Comelec extension decision “leak” earlier to the Marcos camp? How?

The Filipino people should protest (1) the unexplained Comelec’s bending of its own rule of “non-extendible” deadline, and, (2) any possible breach and leak of confidential Comelec decision/s to unauthorized persons.

Or, are the Filipino people again being made to witness another political circus where even the official polling body assigned to decide on a very crucial issue of a candidate’s disqualification may have already actually decided even before the submission and actual hearing of arguments/counter-arguments?

We hope not.

The Filipinos, however, deserve to know if the Comelec is truly an independent body, in the service of truth and in the service of the Filipino people.

The sooner the Filipino people can demand an impartial investigation of the recent Comelec extension deadline decision/announcement, the better to ensure the integrity of the whole electoral process!

The Filipino people should also demand soonest and be assured of an independent Comelec that will hear the disqualification case of a presidential candidate!

Why is this disqualification issue a very serious matter of national interest?

Because the Filipino people deserve an honest, truthful, tax-paying, genuine servant leader-President.

Former Chief Justice Antonio Carpio clearly reminds all, especially Comelec about this en banc Supreme Court’s decision about conviction in the 2012 case of Aratea v. Comelec:

“Even without a petition under Section 78 of the Omnibus Election Code, the COMELEC is under a legal duty to cancel the certificate of candidacy of anyone suffering from perpetual special disqualification to run for public office by virtue of a final judgment of conviction.

The final judgment of conviction is judicial notice to the COMELEC of the disqualification of the convict from running for public office.

The law itself bars the convict from running for public office, and the disqualification is part of the final judgment of conviction.

The final judgment of the court is addressed not only to the Executive branch, but also to other government agencies tasked to implement the final judgment under the law.”

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