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Sunday, April 21, 2013

WHO IS RUNNING THE ELECTIONS? (THE COMELEC or SUPREME COURT?)


Question: Who is running the elections?

Answer: The Commission on Elections.

Wrong. It is the Supreme Court.

At least that’s how it appears to us.The Constitution says election matters are the domain of the Comelec. It is supposed to be the expert in elections. But lately, the Supreme Court has been arrogating unto itself important policy matters on elections, and Comelec Chair Sixto Brillantes is understandably so frustrated and flabbergasted that he is on the verge of resigning.

“Who’s running the elections?” he asked. “Is it the Comelec or the Supreme Court?”Why shouldn’t he be discouraged and disappointed when in the last couple of months the high court reversed four Comelec decisions on crucial poll issues?

Last March 5, the high court issued a temporary restraining order (TRO) on a Comelec letter ordering the Diocese of Bacolod to remove its oversized tarpaulin identifying “Team Patay” and “Team Buhay” senatorial candidates to guide its flock on who to vote for or to reject. 

Then just last week, the high court issued a status quo ante (SQA) order on a Comelec decision disqualifying some party-list groups. (An SQA orders litigants to go back to the situation before the assailed order was given.) It ordered the Comelec to look once more at the qualifications of the party-list groups seeking accreditation. Meaning, until the Comelec finishes looking at the qualifications of the party-list groups under the new parameters given by the high court, the party-lists already disqualified are back in contention. Can the Comelec finish the job in the few remaining days before the polls?

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