Comelec junks Delta disqualification case
CITY OF SAN FERNANDO– The petition for disqualification as candidate against vice gubernatorial wannabe Dennis “Delta” Pineda, among other respondents, for alleged “clear cases of political dynasties” has been dismissed.
The Commission on Elections (Comelec) Second Division said they lacked the power to enforce a provision against political dynasties as there are no enabling laws for the purpose.
“We laud the Petitioners in their relentless effort to give life to the state policy against political dynasties. However, this commission is without power to enforce the provision against political dynasties without any enabling law,” Presiding Commissioner Elias R. Yusoph said in his nine-page decision.
The decision also stated that though disqualifications of candidates for public office are found in the Constitution and the Omnibus Election Code, mere membership in a so-called “political dynasty” is not one of the grounds for disqualification stated in the two laws.
“We cannot add to the grounds for disqualification without any statutory basis,” the decision stated.
Second Division commissioners also disagreed with petitioners that the Comelec has the power to promulgate rules and regulations against clear and obvious cases of political dynasties.
According to Yusoph, legislative power is vested in Congress and “the commission cannot arrogate unto ourselves a power vested by the Constitution to an independent and separate branch of government.”
“To do so would be tantamount to usurpation of powers,” he said.
Petitioners Francisco Ashley L. Acedillo, Eirene E. Aguila, Ernie A. Alcanzare, Uriel G. Borja, Celia T. Bulan, Enrique Bulan, Edna Co, Antonio C. Cubacub, Antonio D. Igcalinos, Genevieve Balance-Kupang, Alexander L. Lacson, Cesar Melencio, Mae Paner, Ricardo Penson, Bartolome Rivera Jr., Froiland D. Sales, Jose Tabadda, Manuel E. Valdehuesa Jr. and Nelia B. Vibar filed the petition against respondents–Pineda included–last April 19, 2013 in the hopes of disqualifying them from joining the May 2013 elections as candidates.
In the petition, they invoked the State Policy enunciated in Section 26, Article II of the 1987 Constitution which provides that “the state shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.”
But according to the Comelec decision, the section quoted in the Constitution “is not a self-executing provision.” ● Marna Dagumboy-del Rosario
http://www.headlinegl.com/comelec-junks-delta-disqualification-case/
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