EDITORIAL - If Tining wins, is this his first or second term?

Alex Magno of the Philippine Star asked the question first, and it pertained to entirely different personalities. But the same question can be asked, with modifications, to suit concerns pertaining to Cebu.

Let us take the case of Benhur Salimbangon and Tining Martinez. Salimbangon won in 2007 as congressman for the 4th district. But Martinez contested that, filing, and eventually winning, an electoral protest. But as Magno observed, there was no more congressional seat to sit on.

This year Salimbangon and Martinez will have a "return bout." The question Magno likes to ask is what if (Tining) wins, will the term he won but failed to serve out count in determining his term limits?

In other words, if Tining wins in the May 10 elections, will this be his second term as congressman, or will it still be his first, considering that he never got to sit for even one minute as a congressman.

In fact Tining was never able to even take his oath because time ran out on him. That means, for formality's sake, he may never have been a congressman at all despite his having been declared the 2007 winner.

As Magno almost flippantly observed, there are lawyers who have built lucrative careers sorting out things such as this one. But until May 10 arrives and the results shall have been known, there may not be a need to answer the question at this point.

Indeed, if Tining loses, the question shall have become moot and academic, as far as he is concerned. And how sad and unfortunate that he will come to be known as the congressman who never was.

Cases such as these, and they have happened many times previously, make it imperative for government to do at least two things — ensure that electoral protests are resolved early and within the term subject to the protest, and clarify the matter about how to count unserved terms.

The last thing this country needs is more opportunities to play even dirtier games. If it cannot be avoided for regular political exercises such as elections to be undermined, at least the integrity of electoral protests, in that they seek to right a wrong, must not be compromised.