OFF THE BEATEN PATH
The significance of elections is intrinsically connected to the voters’ perception of its impact on their daily lives. Ideally, the process demands the most careful reflection of the nation we intend to be as it goes without saying that the exercise of the right of suffrage has direct and cumulative effects, not just on our present conditions but also on those of generations to come. This highlights the importance of ascertaining the identity of the candidates we ultimately choose.
Our constitution and election laws provide as minimum requirements two aspects of identity: citizenship and residence. The first is deeply rooted in the concept of allegiance, integral in the social contract between the people and government. By mandating citizenship, our laws ensure that those in power are full participants in the Filipino social fabric. The second adds another layer of accountability. It bolsters the fundamental requirement of citizenship by guaranteeing grounding in both national and local issues. At its core, residency is the practical manifestation of the republican ideal of representation. The Supreme Court interprets this requirement in a local position by recognizing its specific purpose: “to prevent strangers and newcomers unacquainted with the conditions and needs of a community from seeking elective offices in that community.”
From this understanding, there is no shortage of dangerous implications, legal and otherwise, arising from the access to power of those who fail to meet the basic requirements. Now, what recourse exists if the incumbent’s qualifications are in serious question? On matter of allegiance, we do not need to experience conventional war to appreciate the value of loyalty to the interests of the nation. More subtle are conflicts in economic form and this holds true for representation too. The jeopardy is far from imagined because if the allegations are proven true, it could only follow that the unfit person has already influenced policy outcomes. A case in point is the embattled mayor of Bamban, Tarlac, who the public first knew as Alice Guo. As of this writing, however, there are more questions than answers concerning her identity.
Respecting the ongoing investigations and actions that will be based on the eventual findings, here are at least three post-proclamation remedies under the law in cases of failure to meet the minimum requirements:
1. Exclusion from the List of Voters — A Petition for Exclusion is filed in the Municipal Trial Court, the process of which is provided and defined under Sections 138 and 143 of the Omnibus Election Code. This summary proceeding involves the issue of whether a petitioner must be excluded from the list of voters based on the qualifications required by law and the facts presented to show possession of these qualifications.
The matter of citizenship is an important question in this proceeding that determines eligibility to vote. If the decision finds her ineligible to qualify as a voter, inevitably, she cannot qualify to be an elected official.
2. Quo Warranto — This is a Writ of Inquiry that determines the legal right to a public office, position, or franchise and may be instituted against an individual or entity. Under Rule 66 of the Rules of Court, it may be filed by the government or an individual against “a person who usurps, intrudes into, or unlawfully holds or exercises a public office, position or franchise.” In this instance, the usurpation consists of the failure to possess the qualifications required by law to continue to occupy the elective position. Qualifications prescribed by law are continuing requirements and must be possessed for the duration of the officer’s active tenure. Once any of the required qualification is lost, his title to the office may be seasonably challenged. (Frivaldovs. Comelec, GR No. 120295, June 28,1996)
3. Filing of appropriate election offense/s –Article 261 of the Omnibus Election Code non-exclusively defines and provides acts that constitute election offense. Article 262 complements the enumeration by providing actions in violation of other select provisions of the same code.
Based on the initial findings of the probe on Alice Guo’s identity, one possible ground is her alleged misrepresentation in her Certificate of Candidacy (CoC), which was under oath.
These and related actions can be simultaneously filed either with the Commission on Elections, or the Prosecutor’s Office.
However, I must concede that the most effective remedy is critical thinking because this is the electorate’s first line of defense against powerful and influential persons that may not necessarily have our national and local interests in mind. While these conditions and realities call for reforms in the vetting process of our poll body among others, the reminder to the body politic is all too clear. We must recognize the failure of the voters in general to distinguish between public service and private charity or, to put it bluntly, enrichment at the expense of the Filipino people.
Armed with informed decisions, we can always do better than that. As elections in this jurisdiction are highly relational too, may we always be identified with our inclination towards the kind of representation that truly redounds to the greater good. Each of us, by ourselves, can make a stand for good governance; #TogetherWecan make actual change.
(Atty. Gregorio Larrazabal is a former commissioner of the Commission on Elections (Comelec).