The ongoing electoral protest of
former senator Ferdinand “BongBong” Marcos Jr. just got a shot in the arm.
Solicitor General Jose Calida has
In the comment submitted by the
SolGen to the PET , Calida asked the SC sitting as the PET to “consider the
instant protest submitted for immediate resolution after the parties shall have
filed their respective replies to the respective comments of the COMELEC
(Commission on Elections) and OSG (Office of the Solicitor General).”
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The filing of the comment was in compliance to
the PET’s order for comments on whether the PET can declare an annulment of
elections without special elections; declare a failure of elections and then
order the conduct of special elections; and whether such actions would infringe
on the mandate and powers of the COMELEC.
“All told, it is
respectfully submitted that the Honorable Tribunal has the power to declare the
annulment of elections or a failure of elections without infringing upon the
COMELEC’s authority, but it has no concomitant power to order the conduct of
special elections,” read Calida’s comment.
As per the record submitted, the former senator
cited three causes of action, Marcos sought in his second cause of action the
annulment of the election results in Maguindanao, Lanao del Sur, and Basilan on
the grounds of terrorism, intimidation, and harassment of voters during the
2016 polls.
“In the case at bar,
it is indubitable that even if the votes cast in the provinces of Maguindanao,
Lanao del Sur, and Basilan are declared null and void, there is no failure to
elect to speak of. On the contrary, the ultimate winner, or the one with the
majority (or plurality) of the valid votes case, is determinable,” Calida said.
The PET has already
released to the parties the results of the revision of ballots in it conducted
on three pilot provinces that Marcos himself selected, namely, Camarines Sur,
Iloilo, and Negros Oriental.
In his comment, the
SolGen cited that the PET is “empowered to declare the annulment of elections
or a failure of elections pursuant to Section 4(7), Article VII of the 1987
Constitution.
“The Constitution is
however, silent, as to whether the PET has the power to order the conduct of
special elections by reason of its findings, or as incident to or an adjunct of
its functions as the PET,” he said.
“It would thus be fair
to conclude that the jurisdiction of the PET as defined by Section 4(7),
Article VII of the 1987 Constitution, would not include the power to call for
special elections,” Calida pointed out.
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