Only 12 senators lawfully elected — Tolentino

Did Filipinos lawfully elect only 12 senators in the May 14 elections?

That’s what former Sen. Arturo Tolentino, a known expert on constitutional matters, thinks.

Tolentino said yesterday a law was needed to hold a special election for the 13th senator who would replace Teofisto Guingona, who resigned midway to his six-year term to become Vice President.

But no such law was passed and thus there was no special election for a 13th senator, Tolentino said.

Senate President Aquilino Pimentel Jr., however, countered that the Senate had adopted a resolution informing the Comelec of the vacancy left by Guingona.

"This resolution is sufficient ground for the calling of a special election for the remaining three years of Guingona’s term," Pimentel said.

He added that the Comelec can call a special election based on a resolution by the Senate or the House of Representatives informing the poll body of a vacancy in either chamber.

But Pimentel admitted he is not certain if the mode of choosing the 13th senator in the May 14 elections is similar to the special election as contemplated by the framers of the Constitution.

On the other hand, Comelec Commissioner Resurreccion Borra told The STAR yesterday the poll body called for a special election after the Senate informed them about the vacancy.

"There being a vacancy in the 13th senatorial slate, the Comelec held a special election to coincide with the regular election of the 12 senators but also for the 13th vacancy in the Senate," he said.

Borra said the Comelec decided to hold the special election for the 13th senator together with the regular election so the poll body would not spend too much.

"Under the law, a special election can be held simultaneously with the regular election and that’s precisely what transpired," he said. "The commission believes it’s not only legal, it’s constitutional but we respect the opinion of constitutionalist Tolentino."

Tolentino, who is a known constitutional expert, said the 13th senator must be chosen in a special election to be called by the Comelec as required under the law.

"The Constitution provides that the vacancy in the Senate should be filled by special election as provided by law," he said. "I do not recall any law providing for a special election to fill the vacancy left by Senator Guingona."

Tolentino said the Comelec can proclaim only 12 senators because the ballots cast by voters last May 14 did not have any space for the special election of the 13th senator.

"It would be unlawful to declare anyone as successor to Senator Guingona where no special election was held last May 14," he said.

Sen. Franklin Drilon said there should be no question on the validity of the election of the 13th senator in last week’s congressional polls.

"Our resolution stated that the senatorial candidate obtaining the 13th highest number of votes shall be declared winner to serve the unexpired term of Guingona," he said.

Drilon said the Comelec had provided for 13 spaces for senators in the ballots distributed to voters in polling precincts in the elections last week. – Efren Danao, Pia Lee-Brago