Bill seeks to amend defective’ election code

MANILA, Philippines — Irked by the country’s legal process that allows some government officials convicted of corruption or plunder to get away with it and earn opportunities to seek public office and avoid jail, a senior administration lawmaker said he wants to amend the “defective” Omnibus Election Code.

Samar Rep. Edgar Mary Sarmiento has filed House Bill 92 that seeks to amend Sections 12 and 68 of the Omnibus Election Code, which allows officials to file a certificate of candidacy as conviction for graft has not yet become final. 

The Visayan lawmaker has proposed the provision, which states: “Should the order or judgment imposing the sentence be brought up on appeal, the person so sentenced shall still be disqualified until such time the appeal reverses the conviction and acquits such person.” 

Sarmiento cited the case of former Samar congresswoman and now Gov. Milagrosa Tan who remains scot-free and still holds public office even if she has already been convicted by the Sandiganbayan for eight counts of graft. 

The anti-graft court found Tan guilty for her involvement in the anomalous purchase of emergency supplies for victims of Typhoon Kidang worth P16.1 million when she was governor in 2001, and was slapped with a minimum of 62 years and a maximum 115 years’ jail term.

The Sandiganbayan also ordered Tan’s perpetual disqualification from holding public office.

According to Sarmiento, Tan has managed to successfully delay the implementation of her conviction by filing a motion to reverse its decision that was handed down last March, even if the Sandiganbayan denied her motion for lack of merit. 

Sarmiento also proposed in his bill that “any person convicted or sanctioned for any offense in any court, tribunal or body shall likewise be disqualified from being declared a candidate or, if elected, from holding public office pending appeal of such conviction or sanction, where the penalty imposed includes temporary or perpetual disqualification.” 

These amendments in the Omnibus Election Code would prevent officials convicted of graft from holding public office by simply delaying the full execution of their conviction through a series of long and circuitous appeals and other delaying tactics, according to Sarmiento.