Resolution of poll cases within 6 months proposed

The Supreme Court’s sub-committee on election rules, headed by former Commission on Elections chairman Justice Bernardo Pardo, wants judges of special election courts to resolve election-related protests within six months or face sanctions.

Election lawyer Romulo Macalintal, a member of the sub-committee, told reporters that the proposal aims to expedite the electoral process, which according to him, is suffering from unnecessary delays.

Macalintal said the members of the sub-committee are now drafting the rules and procedures for election protest cases which will be submitted to the SC tomorrow.

Under the proposal, Macalintal said regional trial court judges tapped to head the special election courts, are expected to render a decision on election protest cases not more than six months after the filing of the cases.

He added that judges may be granted an extension, but only up to one year. Any extensions granted by the court should have the approval of the SC.

"In the presentation of evidence, the evidence must be deemed valid and worthy and if not, the protest should not prosper," he said.

Macalintal said that should the special courts fail to resolve cases within six months, they would be asked to explain the cause of the delay in settling the cases. If the explanation is not satisfactory to the SC, the judges should be administratively sanctioned.

According to Macalintal, such sanctions would remedy the common electoral situation where the term of office of a winning candidate has already expired even before the court has rendered its decision on an election-related protest.

The SC created the sub-committee last March 26 to propose amendments to the rules on election cases falling under the jurisdiction of first and second-level courts in line with the upcoming mid-term elections.

Chief Justice Reynato Puno gave the sub-committee until April 20 to submit its proposed amendments to the rules on election cases.

Aside from Macalintal, the other members of the sub-committee are retired Court of Appeals Justice Oscar Herrera Sr., who authored a six-volume treatise on remedial law; Court of Appeals Justice Remedios Salazar-Fernando, also a former Comelec commissioner; and election lawyers Sixto Brillantes, Pete Quadra, and Leila de Lima. Named sub-committee and assistant secretary of the committee, respectively, are Douglas Anama and Ma. Emelita de Guzman.