REVISE THE electoral code or postpone the filing of candidacies. This is the cry of IsaBuhay, IsaGawa Agila (IBIG-Agila) Party to the Ateneo Commission on Elections (Comelec).
Last July 28, IBIG-Agila filed a formal complaint against the Comelec, with the endorsement of the Student Judicial Court (SJC), requesting for revision of the electoral code – which will serve as the guidelines for the whole electoral process of the 2010 Sanggunian Special and Freshmen Elections.
Included in the formal complaint of IBIG-Agila are their requests for Comelec to release a memorandum that will confirm the reaccreditation of the student party, and appeal to the SJC to investigate the actions of the Comelec.
With automation set to be integrated into the electoral process, IBIG-Agila finds it appropriate for the Comelec to update the electoral code from the previous school year. Ibig-Agila also believes that having an orderly and efficient electoral process requires a clear set of guidelines to be followed by all of the candidates.
Gemmo Fernandez of Ibig-Agila expressed the importance of the electoral code.
“Naniniwala ang Partido IBIG-Agila sa isang maayos at matiwasay na eleksyon. At hindi magkakaroon ng isang maayos at matiwasay na eleksyon kung ang sistemang ginagalawan natin sa isang halalan ay hindi maayos (The IBIG-Agila Party believes in an orderly and efficient election. And we can’t have an orderly and efficient election if the electoral system is disorganized).”
The Automated 2010 Sanggunian Special and Freshmen Elections took place on August 16 to 17.
Comelec’s response
Comelec Chief Commissioner Jessica Lazaro admitted their shortcoming with regard to the punctual release of the memorandum of IBIG-Agila’s accreditation but said that the student party didn’t have to wait for an official memo to start executing their electoral plans and to start filing their candidacies.
“Yes, there was a mistake on our part; the memo’s release was a bit late. But then, we always assume that their [IBIG-Agila’s] requirements are ready because the requirements are very basic. Even without the memo, they should have [the requirements ready]”, Lazaro said in a mix of English and Filipino.
Lazaro added that IBIG-Agila probably felt that their electoral strategies and actions depend on the student party’s accreditation, hence the need for an immediate resolution through the official memo.
“Maybe they [IBIG-Agila] were thinking, ‘How can we prepare for the campaign if we’re not sure that we’re accredited?’. But even if they’re not accredited [as a party], their members can still file their candidacies under a coalition”, said Lazaro.
Lazaro also said that this accreditation issue will not affect the electoral process.
The SJC vantage point
According to SJC Chief Magistrate Robert Beltejar, Comelec has wanted to automate the elections since February of last school year. This would mean however, that provisions specifically on automation have to be included in the electoral code.
“What was submitted to the [SJC] did not include provisions on automation. It just said there [electoral code] that if there are any changes, resolutions will be made. On our part, that cannot be. You have to have concrete provisions so you can make people accountable for whatever may happen,” said Beltejar.
This is the reason why SJC rejected the unrevised version of the electoral code, accommodated the complaint of IBIG-Agila, and told the Comelec to revise the electoral code.
With regard to the accreditation issue, the matter has already been addressed according to Beltejar as the Comelec has already released a memorandum concerning IBIG-Agila’s accreditation as a party. As for IBIG-Agila’s petition to postpone filing of candidacies, Beltejar said that this is more problematic.
“We’re having trouble releasing the decision on the [petition on postponing the filing of candidacies]. The court is actually now divided on the issue because some are in favor and some are not. If the court chooses to honor [the petition], then a temporary restraining order will be issued by the SJC for the filing of candidacies, thereby stopping all electoral processes”, said Beltejar.
If the SJC decides otherwise and disregards the petition upon adequate investigation, then the Comelec’s actions will be deemed as valid according to Beltejar.
As of press time, the investigation being conducted by the SJC is “still being wrapped up”.
Elections pushing through
Despite the ruckus, Beltejar said that the elections should and will happen.
“Definitely, the elections will push through. The only thing we asked of the Comelec was to hold the elections before the 18th of August. The constitution provides that the elections cannot be held later than 60 days before the end of the semester. The Comelec cannot violate that because that can be grounds for sanctions”, said Beltejar.
On the part of IBIG-Agila, Fernandez made it clear that the party has no intentions of disrupting or of completely terminating the elections.
“Ginagawa namin ‘to hindi para umeksena lang. Wala kaming balak ipatigil ang eleksyon. Ang gusto lang namin, mangyari ito nang maayos at matiwasay (We’re [IBIG-Agila] doing this [filing a complaint] not to make a scene. We have no intentions of stopping the elections. We just want it to happen orderly and efficiently),” said Fernandez.
*Editor’s note: The GUIDON released a breaking news article on the results of the freshmen elections. Check www.theguidon.com for updates.
