Concom wants electoral tribunals abolished

The consultative committee (Concom) created by President Duterte wants to abolish the presidential, Senate and House electoral tribunals to create a Federal Electoral Tribunal (FET) and avoid biased ruling against aggrieved parties.

Retired associate justice and Concom member Eduardo Nachura said there are tendencies in the present electoral tribunals to have partymates as the majority of members.

“A member of the electoral tribunal who belongs to a political party has a tendency to decide in favor of a partymate if the case involves member of his political party,” Nachura said.

Nachura said his statement was based on his experience sitting in the presidential, Senate and House electoral tribunals although “it does not happen all the time.”

“This is not a judgment on the members of the House of Representatives, or of the Senate, but that is human nature. This time, we are saying no such bias or discrimination may exist,” Nachura said. The proposed Federal Electoral Tribunal will hear the electoral protests of the president and vice president, including protests of the members of House of Representatives and the Senate, according to Nachura. The FET will be composed of one presiding justice and 14 associate justices.

Nachura said that five, including a presiding justice, will be appointed by the president; five members to be appointed by Federal Constitutional Court and five appointed by the Commission on Appointments.

He said the members must be natural-born Filipino citizens, recognized election experts, with 15-year experience as a judge or engaged in the practice of law and at least 50 years old at the time of appointment.

They will serve as members of the Federal Electoral Tribunal until they reach 75 or if they become incapable of practicing the duties of their office, the Concom said.

For positions lower than regional vice-governor, Nachura said they still have to deliberate on the matter, but most probably, he said those cases will be heard by the regional trial courts (RTCs) unless there is a congressional law.