Sun.Star Davao

No catch in Comelec COC’s Q#22

- PACHICO A. SEARES SUNSTAR CEBU Pwedeng makuha ulit ang third overall kasi nag No. 3 na tayo sa Bohol. Mahirap ang one at two.

What hurts public service is when a public official who is barred forever from public office still manages to slip through and get elected again.

THE Comelec form in filing COCs (certificat­es of candidacy) for the 2019 mid-term elections has been reduced from three pages to one but it has added a controvers­ial question. The filer is asked under oath, yes or no, if he or she has been found “liable” for an offense that includes the penalty of perpetual disqualifi­cation from public office.

What’s wrong with that? Sixto Brillantes Jr., former chairman of the Commission of Elections, said that one could admit his guilt by answering the question. Self-incriminat­ory? Unconstitu­tional, said Brillantes. Answer “yes” and you disqualify yourself, said Brillantes. With a “no” answer, it follows, one who actually was so sanctioned may commit perjury.

Filer’s handicap

Brilliante­s said that most would-be candidates don’t know the meaning of “accessory” penalty or whether the ruling is final and executory. Would-be public officials are expected to know the law; they can have some lawyer, theirs or the Comelec’s, explain what it means. The five-day period of filing COCs is precisely to enable filers to understand what the Comelec requires and correct any mistake.

If a filer erroneousl­y answers the question, that won’t disqualify him if actually he was not penalized with perpetual disqualifi­cation in a final and executory decision. Which means, Comelec lawyer Lionel Marco Castillano said, the case is no longer pending before any court.

No victim here

There’s no catch in it, especially not Catch 22. The Comelec question bearing the same number as that in the Joseph Heller book and the movie based on it must be totally coincident­al. There’s no “paradox” in the Comelec rule that “makes one a victim of its provision no matter what one does.”

No one is or will be a victim. However, the question is answered (yes, no, or blank), it won’t affect that the filer was or was not sanctioned with the penalty of perpetual disqualifi­cation. The answer won’t change the fact or facts.

Causes to disqualify

The Constituti­on lists only requiremen­ts of citizenshi­p, natural birth in the Philippine­s (for national officials), age, residence, and ability to read and write.

It does not include perpetual disqualifi­cation among the qualificat­ions for one to run for public office. That is not a cause to qualify but a ground to disqualify, as part of the penalty for an offense of a public official. A legitimate exercise of Comelec’s duty to enforce decisions of the ombudsman or a court of law against persons running for or being elected to public office. /

 ?? JOAQUIN “BOY” SARABIA Prisaa 11 executive director ??
JOAQUIN “BOY” SARABIA Prisaa 11 executive director
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