By Atty. Howie Calleja
Three Commission on Elections (Comelec) commissioners — Comelec Chairman Sheriff Abas, Commissioners Rowena Guanzon and Antonio Kho Jr.; have officially retired months ahead of the 2022 national and local elections. Commissioner Socorro Inting, the most senior commissioner, will be the acting Comelec chairman starting February 3; and since both Houses of Congress are set to adjourn its session from February 4 until May 22 to give way for the 2022 Poll Campaign the president’s appointment of new commissioners (subject to the confirmation of the Commission on Appointments) shall only be on an ad interim basis.
Happiness is the key to a graceful exit at work. That is a powerful feeling. The need to make a difference in the lives of others which continues after retirement. It doesn’t have to be a life-changing event but it should be something whose moral impact leaves a lasting legacy in the lives of all those involved. So besides the crucial preparations for the 2022 Polls vis-à-vis our COVID-19 Health Crisis; the possible disposition of cases (in light of these vacancies and possible realignment of COMELEC Division assignments) might also be affected. How can a “graceful exit” exist within the Commission with so many concerns hovering in limbo seems to be unresolved?
For instance, the unresolved COMELEC disqualification case of Marcos Junior was never about paving the way for VP Leni to win but filing this DQ vase was to ascertain one’s qualification and eligibility as a convicted individual. Marcos Junior’s position in any survey (which is not a basis of winning in the first place) was never the motivation for this DQ Case, what was important is legal legitimacy of those joining the elections — those rightfully qualified; it’s about the qualification which Marcos Junior has none. Moreover, the timing of such DQ case even though such case was not filed in the past is not issue because the Supreme Court has already ruled that even if one had previously run and/or served his/her term; his/her disqualification is not erased and once determined he/she is disqualified his/her previous election does not stop him from running.
Let me be clear, as one of the petitioners in this DQ case against Marcos Junior, I do so in the spirit of judicial integrity to clarify the legal basis for a convicted individual to run for public office over and above the perceived strengths and influence (created by a massive troll army) of this candidate. Marcos Junior’s previous service in government does not remove the fact that he is still a convicted person and that his alleged payment does not remove the fact of this conviction. The timing of the filing of this case also does not either remove the fact that he was found guilty and that the only issue here is that Marcos who is convicted for 4 counts of violation of the tax code involves moral turpitude and thus is disqualified to run and serve in government; and the answer to this unresolved COMELEC case is undoubtfully and simply YES to this disqualification.
The graceful exit is its own art form, and one that will pay off in spades over one’s lifetime. What the retiring COMELEC commissioners could have controlled in this process was themselves. Their efforts needed to move toward making the best exit possible for themselves — and for the COMELEC, too. The last impression they could have made was the one the people will remember; hats off to commissioner Guanzon who stood her ground and gave a graceful exit by giving her separate opinion. But can we say the same for Chairman Abbas under who’s watch Comelec has now been covered with dark clouds and more doubt? Lastly, there are still 4 commissioners remaining with the exit of Commissioner Guanzon, will they give respect to her graceful exit or will they continue to stand on shaky ground and drag their feet.