EDITORIAL - Comelec restrained

Last Wednesday, the Supreme Court restrained the Commission on Elections from disqualifying from the 2025 polls government officials who have been dismissed and barred from ever holding public office. Comelec officials said some 100 people could be covered by the SC ruling.

Among the most prominent officials who have been dismissed by the Office of the Ombudsman and perpetually barred from returning to government service are mayors Michael Rama of Cebu City, Jonas Cortes of Mandaue, Cebu and Alice Guo of Bamban, Tarlac. Comelec Chairman George Garcia had earlier said that the disqualification from the 2025 polls was based on the perpetual ban from public office.

Guo has eschewed seeking reelection, saying she wanted to focus on her numerous legal woes. Rama, who was dismissed for nepotism and grave misconduct for appointing two of his brothers-in-law as city hall contractual employees, has filed his certificate of candidacy for reelection. Cortes, who filed his COC for reelection a day after Rama, was dismissed for grave misconduct, for allowing a cement batching plant to operate in Mandaue without the required business and environmental permits. Both Rama and Cortes have denied wrongdoing and are challenging their dismissal.

It does seem fair that a final ruling is needed to prevent a dismissed official from seeking election, including one who has been permanently barred from holding public office. But that final ruling will have to be issued within a reasonable period, to prevent confusion in governance and even possible violence. What if the dismissed public official wins, but is unseated with finality many months into the term of office? While there will be a presumption of regularity in his official acts, inevitably, there will be some actions, programs and projects that will be adversely affected. Also, the time in office lost by the legitimate holder of the post is irretrievable.

Similar problems hound the belated resolution of electoral contests. Some cases are resolved by the relevant tribunals just a few months or even weeks before the next elections. What the real winner loses in such cases can no longer be recovered. The system rewards poll fraud, and punishes the voters whose will is thwarted.

The system also engenders violence. The massacre of 10 people led by Roel Degamo last year at his home in Pamplona town, Negros Oriental was believed triggered by his proclamation as the real winner of the 2022 race for provincial governor and the unseating of Pryde Henry Teves. Such violence can be averted through timely action on electoral contests.