Given the awesome power of the Commission on Elections as an independent constitutional body, perhaps, the Comelec en banc has discretion to thumb down the senatorial bid of former Cebu Governor Emilio “Lito” Osmeña for the 2010 elections.
But given the earned stature of Lito Osmeña who engineered the Cebu boom, or “Ceboom”, and was Pres. Fidel Ramos’ “tsar of flagship projects”, eyebrows are raised in askance – and at sea – on Comelec’s wisdom, if at all. Is Gov. Lito a “nuisance” candidate supposedly incapable of conducting a nationwide campaign? That seems to be the crux of the unbelievable action.
Another controversial Comelec resolution just lately shot down by the Supreme Court concerns voters’ registration… To recall, the poll body had set the deadline of registration for the May 10, 2010 elections last October 31, 2009. But RA 8189 or Voter’s Registration Act of 1996 provides that the listing deadline is 120 days before a regular election – like the May 10, 2010 elections – and 90 days before a special election. In short, the October 31 registration closure earlier set by the Comelec was 2 months premature.
This is the ruling of the highest tribunal on petition led by Kabataan Rep. Raymond Palatino, taking the cudgels of registration applicants who had failed to make it on October 31. Parenthetically, while these “deadline beaters” may be castigated, nevertheless, the October 31 “deadline” was 2 months inaccurate. Hence, the Supreme Court just applied the law in finding the Comelec in error. Amusingly, Chairman Melo is a retired SC justice, no less.
There has been no call for statutory construction when the SC found for the petitioners and, directed the Comelec to reopen with dispatch the registration of voters until January 9, 2010, or 120 days before the May 10 regular elections.
It’s perplexing that the poll entity is courting another possible blunder by setting the reopened registration for 5 days only on Dec. 21 to 23, and Dec. 28 and 29, with Dec. 29 as the deadline for accepting applications. This is, again, short of the 120 days before the May 10, 2010 elections pursuant to RA 8189 and, as clearly ruled by the Supreme Court. Basic is the legal maxim of “dura lex sed lex” as too explicit to be ignored.
The time constraint voiced by Chairman Jose Melo, does not justify or legalize further non-compliance with a clear mandate of the statute. The Chair understandably laments: “It would be difficult to update the list since they are already in the pipeline. The precincts are already set to receive their lists already”.
Comelec spokesman James Jimenez posits that the January 4 to 9 tail-end is for “the administrative aspects” of the registration. Ostensibly, he refers to the election registration board hearings on the applications and other post-registration work of the election offices nationwide. This stand through Jimenez is that the 120-days before the regular election deadline may not, again, be followed en strictissima juris. And this is courting another blunder unless the SC amends its original ruling in resolving the pending motion for recon filed by Comelec.
Tersely, “voter registration” refers to the application or enlistment as a voter for election purposes, by filling up official forms required by law. “Administrative aspects” as used by Jimenez which are beyond the participation of the applicant are logically post-registration matters.
What is also perplexing is the seeming light treatment by Comelec of the clear SC mandate on a simple and specific legal provision. Why court further possible blunder? What happens should another group of “deadline beaters” intentionally report for registration, say, on January 9, 2010 and would be denied and, thereafter file another justiciable petition as “test case” with the SC assailing the Comelec for the second time?
And lately, is it true that the election commissioners are in effect “legislating” that the extended list-up is only for first time voters?