Comelec and electoral democracy
There have been many observers who have said that democracy is in retreat in Southeast Asia especially because of current events in Thailand where martial law has been declared and elections postponed.
The “consent of the governed” is the most fundamental concept of democracy. The most essential right in a democratic nation is, therefore, that of its citizens to choose their leaders in free, fair and regular elections. This is the bedrock of democratic politics. Unfair and dishonest elections can cast doubt on one’s claim to office and diminish one’s ability to govern.
The belief that Ferdinand Marcos had engineered an electoral victory – against the rightful winner Corazon Aquino – through massive frauds and brazen intimidation was one of the major factors that eventually led to the EDSA People Power Revolution.
The second presidential term of Gloria Macapagal Arroyo was overshadowed by controversies regarding corruption and the questionable electoral victory over Fernando Poe Jr. after the surfacing of the “Hello Garci” case.
In order for elections to function effectively, most people must perceive them to be free and fair. This means that procedures must be in place to respond quickly to allegations of voting dishonesty. Without such remedial devices, electoral politics may quickly be perceived as a fraud.
It is true that few will argue that Philippine electoral politics are perfect. But, at least in the 2010 and 2013 elections, most Filipinos believe that the electoral system has been fair and effective. By determining winners and losers, elections have accomplished what they were designed to do. Generally, defeated candidates and their supporters have deferred to the victors and acknowledged their right to rule.
The Commission on Elections (Comelec) is the “principal government agency tasked by the Constitution to administer all laws and regulations concerning the conduct of regular and special elections. It is a body that is designed to be constitutionally independent from the executive, legislative and judicial branches of government to ensure the conduct of free, fair and honest elections. The Constitution also grants fiscal autonomy to enable the Comelec to operate effectively, efficiently and free from political interference. It is the Comelec Chair that will certify the automatic release of necessary funds for the holding of all types of elections.”
The Comelec also exercises powerful judicial and regulatory functions. It has exclusive, original jurisdiction over all contests relating to the election, returns and qualifications of all elective officials. It was the Comelec that disqualified ER Ejercito as Laguna governor because of overspending in the last elections.
The Comelec also has the authority to decide on all questions affecting elections including determination of the number and location of polling places, appointment of election officials and inspectors and registration of voters.
As a constitutional body, the Commission on Elections consists of one Chairman and six Commissioners, all of whom have a seven-year term without reappointment. Among all the constitutional bodies, this is perhaps the most important in preserving the democratic process through the rule of law.
Recently retired Comelec Chair Sixto Brillantes has publicly endorsed Secretary of Justice Leila de Lima as his successor. However, the lady is apparently more interested in running for the Senate. A position for which she is definitely highly qualified. I certainly hope she decides to run for the Senate in the 2016 elections. If she does well, she may yet become the first native of Bicol to eventually be the occupant of Malacañang.
Several other names, for the position have been floating around in media circles the past two weeks. One name that clearly stands out is that of former Supreme Court Justice Adolf Azcuna.
Justice Azcuna was an Associate Justice of the Supreme Court of the Philippines from 2002 to 2009. Since then he has served as Chancellor of the Philippine Judicial Academy. In August 2014, he was named one of the five new commissioners of the International Commission of Jurists (ICJ). This international organization, based in Geneva, Switzerland, is composed of 60 eminent judges and lawyers from all over the world. The ICJ “promotes and protects human rights through the rule of law, by using its unique legal expertise to develop and strengthen national international justice systems.”
In all the positions he has held in the past, Justice Azcuna has consistently maintained a justified reputation of probity – complete and confirmed integrity. His personal lifestyle has remained basically the same throughout his career in government and the judiciary. He and his family have lived in the same modest, middle class home in Las Piñas for the past four decades.
The appointment of Justice Adolf Azcuna as the next Comelec chair would be a shining example of P-Noy’s vision of institutionalizing the rule of law; continuing the transformation of Philippine society through Daang Matuwid; and the continued strengthening of the legacy of democracy which Filipinos regained in 1986 through People Power.
Restarting the engine of peace
The National Peace Council formed by President Aquino has very quickly organized itself and commenced work. The body was started when P-Noy invited five individuals to become the convenors of a National Peace Summit.
The five were persons are highly respected nationally, politically independent, and have proven uprightness. These original convenors are Manila Archbishop Luis Antonio Cardinal Tagle; former Supreme Court Justice Hilario Davide; business statesman Jaime Augusto Zobel de Ayala; former Ambassador to the Holy See Howard Dee; and Muslim youth leader and peace advocate Rohaniza Sumndad-Usman.
According to Jaime Zobel, he hopes the council will ”restart an engine that has temporarily stalled because of the tragic events” in Mamasapano. Their first steps were to invite 18 other peace advocates and divide themselves into four working clusters.
The 18 other peace advocates include religious leaders Archbishop Socrates Villegas of the CBCP; Bishop Pablo David, Archbishop Antonio Ledesma; Bishop Efraim Tendero; legal luminaries and deans Christian Monsod, Nasser Marohomsalic, Marlon Manuel, Sedfrey Candelaria, Danilo Concepcion; Moner Bajunaid; business leaders Pat Sarenas and Ramon del Rosario Jr.; academicians Fr. Joel Tabora, Cielito Habito and Wilfrido Villacorta; and Muslim leader Amina Rasul.
The four clusters are constitutionality and powers of government headed by Justice Davide; justice and human development co-chaired by Howard Dee and Rohaniza Usman; economy and patrimony headed by Jaime Zobel de Ayala; and human security. According to Ayala, “the group is an independent body committed to helping the public understand what is at stake in the Bangsamoro Basic Law, identify contentious issues, and help find a path toward reconciling divergent views.”
P-Noy’s commitment to looking for a peaceful solution to the long festering problem in Mindanao will hopefully be realized with the strong and active support of all those desiring peace, instead of all out war. We hope that the National Peace council can restart the engine of peace that has been stalled, not only by the tragedy in Mamasapano, but also by the voices demanding war and retribution.
Summer Creative Writing Classes for Kids and Teens by Where the Write Things Are
The Wonder of Words: Stories, Graphic Lit, Poetry and more.
May 4, 6, 8, 11, 13, 15 ( 6 sessions), 1pm-3pm (for 7-10 years old) and 3:30pm5: 30pm ( for 11- 17 years old) at Fully Booked Bonifacio High Street. Facilitators are Neni Sta. Romana Cruz and Roel Cruz, with guest authors Mabi David and Dean Francis Alfar.
Young Writers’ Hangout with published authors
April 18 and 25, May 23 and 30, 1pm-2:30pm (for 7-17 years old) at Canadian American School, Alphaland Makati with guest authors Glenda Oris, Cyan Abad Jugo, Celeste Flores Coscolluella and Michael Jude Tumamac (Xi Zuq).
For registration and fee details contact 0917-6240196 or writethingsph@gmail.com