Comelec resignation as a manifesto of outrage
There is a looming constitutional crisis that may justify the incoming president to proclaim Martial Law. The highly controversial decision by the Commission on Elections, which authorized the extension of the period within which to file the SOCE or Statement of Contributions and Expenditures has caused one commissioner, Christian Lim to tender his irrevocable resignation. He decided to leave his job in disgust over the majority ruling of four commissioners who voted to grant the Liberal Party's petition by a vote of four affirmative and three dissenting.
The PDP-Laban supermajority coalition, led by the presumptive Speaker, Davao province Representative Pantaleon Alvarez, as well as ABAKADA party-list, led by Congressman Jonathan de la Cruz, and many other groups and individuals are poised to file a petition before the Supreme Court questioning the supposed Comelec's grave abuse of discretion, amounting to lack of jurisdiction in coming up with such decision, which is clearly contrary to law. It is indeed a blatant violation of law, and this column believes it to be a gross violation, because the law itself prohibits any such extension.
The petitioners believe that the decision was intended to favor the Liberal Party, which failed or refused to comply with the mandatory submission of the SOCE within the time prescribed by law. For such violation, even the assumption of office by the incoming vice president, Leni Gerona Robredo, could be compromised and placed in serious jeopardy.
The extension, to the mind of the petitioners, was and is unfair to all the candidates who faithfully complied with law. The decision, in effect, encourages defiance and non-compliance with a clear, categorical and unconditional legal mandate.
It is interesting to note that the three dissenters include the Chairman himself, Andres Bautista. And to think that almost all the commissioners and the Chairman were appointed by the Liberal Party's titular head, President Aquino himself. The resignation of one of the dissenters speak volumes of meanings and implications. Commissioner Lim, an appointee of the outgoing President Aquino III has decided to leave the post. This writer firmly believes that all the dissenters should resign as well.
Such commendable act of selflessness was virtually the ultimate expression of disgust with the majority of the Commissioners. For even freshmen in the College of Law would tell us the cardinal and basic principle in interpretation of law, that when the statute is clear, there is no room for constructing the same beyond what the law purports to mean. And so, so as not to be misunderstood, regardless of the good intentions of the four commissioners who voted in favor of the LP's petition, the indubitable fact remains that they have neither power nor authority to vary the provision of law, much less to expand the law beyond what it purports to be.