Rule of law

There is the saying, “We are a government of laws and not of men.” There is also the Latin maxim, “Dura lex, sed lex” (“The law may be harsh, but it is the law”).

I don’t personally know disqualified Bantayan mayor Arthur Despi and to-be-installed-mayor Ian Christopher Escario. But whose side is with the law? In my little understanding and comprehension of the court ruling, the law is with Escario. So if Despi is a law-abiding citizen, he should follow the ruling.

Despi defeated Escario, who belongs to the clan that has controlled the town’s politics for a century, in last May’s elections by a big margin. But there was a loophole: his certificate of candidacy (COC). This became Escario’s basis to file a petition before the Commission on Elections (Comelec).

Despi’s certificate of nomination and acceptance (Cona) was faked. The provincial chairman of Abag-Promdi, the political party under which he was supposed to run as a substitute candidate, denied having issued a Cona. The Comelec accused Despi of committing “material misrepresentation.” His candidacy was declared null and void “ab initio” (from the beginning).

A Comelec division resolved the case in favor of Escario. The case was then elevated to the Comelec en banc, which sustained the division’s decision. Despi ran to the Supreme Court, which affirmed the Comelec’s decision and ordered the poll body to unseat Despi and install Escario as mayor. In short, all the legal remedies were exhausted and Despi was given and afforded due process.

Still, Despi argued that the poll body should have disqualified him under Section 77 of the Omnibus Election Code for invalid substitution and not under Section 78 in relation to Section 74 of the same law on material representation. But why raise this issue only now? Did Despi’s lawyers not raise this when the case was still pending before the Comelec and when it reached the SC? Karon pa naka- research ang mga abogado ni Despi aning puntoha?

Despi also questioned the rule on succession. He said he is willing to step down if Vice Mayor Antonio Montemar succeeds him. Montemar filed a quo warranto case claiming he is the rightful person to succeed Despi. I think this was also discussed in the decision. In most election cases, the petitioner succeeds if the subject of the petitions is disqualified, like the case of Rep. Benhur Salimbangon vs. Celestino “Tining” Martinez III of the fourth district.

Despi insists he will not step down because of the “will of the people” and for fear he would be charged with abandonment. What “will of the people” is he talking about? Indeed, he was elected but he was not a candidate from the start.

Kun ako pay Despi, mokanaog na lang ko sa puwesto aron walay gubot ug dawaton ang kamaturan. Simple, follow the rule of law.