By Robert B. Roque, Jr.
Your Honors in judicial robes could not be pleased with the way Commissioner Rowena Guanzon leaked to the public her vote in an unpromulgated case of the Comelec First Division. Strictly speaking, she broke a code of honor in the law profession.
For those who missed the six o’clock news lately, the presiding commissioner of the First Division revealed last week that she voted to disqualify former senator Ferdinand “Bongbong” Marcos Jr. as a candidate for president because of “moral turpitude” – as cited by one of the petitioners in the consolidated cases filed before the poll body to derail his presidential bid.
According to Guanzon, she resorted to such an unprecedented move by a co-judge in a case because her vote may end up invalidated if the First Division fails to release its decision before her retirement on Feb. 2. As of this writing, it remains unclear when the ponente of the resolution, Commissioner Aimee Ferolino-Ampoloquio, is coming out with the decision. A third commissioner voting in the case is Comm. Marlon Casquejo.
Meantime, Firing Line will not go as far as to discuss the merits of the petitions against Marcos or abet to Guanzon’s points to justify his disqualification as that may violate the sub judice rule. But I support Senate President Vicente Sotto III’s view that Guanzon needs to shed light on her insinuations.
Frankly, I was not surprised by her Twitter revelations about alleged bribery attempts, but what was most disturbing among Guanzon’s claims was that a senator was supposedly pressuring her co-commissioner to delay the resolution intently to void her legal opinion favoring Marcos’s disqualification.
It should be understood that Guanzon’s actions do not merit any praise from the judicial community. Noted election lawyer Romulo Macalintal, for instance, believes she can be sanctioned by the Comelec en banc. Others believe she should be disbarred.
From a media perspective, Guanzon’s decision to go public makes for a great story on many levels beyond law and professional propriety because it serves the public’s interest. However, I do submit that it’s dangerous information that requires verification.
It doesn’t take a legal genius to tell you that the kind of shade Guanzon has cast over the First Division now puts the integrity of its ruling in jeopardy – at least, in the minds of the Filipino people who are on the crossroads of electing a new president. If convincing clarity does not come soon in Marcos’s case, the electorate will likely have serious trust issues with the Comelec overall.
I hope this controversy doesn’t make people lose faith in the poll body’s integrity. With the health crisis, economic upheaval, and territorial dispute confronting the country right now, the upcoming elections hold a lot at stake for our future. So Comelec, get a grip!
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