Fine, not just disqualify, nuisance bets

A carnival it was like at the Commission on Elections (Comelec) last week, as many senatorial candidates who obviously did not have the intention or the means to conduct a serious national campaign filed their certificates of candidacy.

Catching the fancy of media were a self-proclaimed “king of the Philippines,” a filer nicknamed “Jesus Christ” who vowed to be the “protector of the universe,” an alleged “half-man and half-zombie” who pledged to deter China, and several other virtual clowns fit more for circuses than for patriotic elections. Worse, some were recidivists who habitually took advantage of every poll season, only to be disqualified for making a mockery of the electoral process.

Nuisance bets confuse the electorate, waste the Comelec’s time, unduly lengthen the automated ballot and prejudice bona fide candidates. I cannot blame Sen. Sherwin Gatchalian for wanting to fine and not just disqualify them—after, of course, observing due process.

Does the imposition of a fine (or even imprisonment) violate their freedom to seek public office? No. If those who abuse the freedom of speech can be held liable for libel, slander or seditious language, similarly, those who misuse the freedom to seek public office can be held liable for mocking the electoral process.

At the tail end of the media frenzy lionizing nuisance candidates was the petition filed by lawyer Ferdinand Topacio to disqualify Sen. Koko Pimentel from seeking reelection in the 2019 polls, for alleged violation of the constitutional provision banning a third consecutive term.

Pimentel ran for the Senate in the 2007 election. In the official count, Juan Miguel Zubiri narrowly edged him for the 12th place. However, about four years later, Zubiri, in the midst of an election protest filed by Pimentel, voluntarily surrendered the post to him. In the 2013 Senate polls, he ran again and won.

“Having already served two consecutive terms as senator,” Topacio asserted, “Pimentel is already ineligible to run for the same office as, otherwise, his election would allow him to serve for more than two consecutive terms.”

Noble and selfless was the unsolicited opinion aired by Romulo Macalintal, a senatorial candidate of the Liberal Party-led opposition coalition, favoring Pimentel, who is running in the ticket of the ruling PDP-Laban Party.

Sportsmanship is not really new to Macalintal. When he filed his certificate of candidacy, he was gamely accompanied and endorsed by his two professional rivals: (1) George Garcia, the lawyer of former senator Bongbong Marcos in his protest against Vice President Leni Robredo, who is Macalintal’s client; and (2) former Comelec chair Sixto Brillantes, the lawyer of the late Fernando Poe Jr. in his election protest in 2004 against then President Gloria Macapagal Arroyo, who was represented by Macalintal.

Citing two Supreme Court decisions, Abundo vs Comelec (Jan. 8, 2013) and Albania vs Comelec (June 6, 2017), Macalintal argued, and I agree, that the ban applies only to those who completed their terms of office.

The relevant constitutional provision states: “The term of office of the Senators shall be six years and shall commence… at noon on the thirtieth day of June next following their election. No Senator shall serve for more than two consecutive terms.”

Note that the “term of office” of senators “shall commence” on June 30 following their election. Clearly, Pimentel did not begin his term on that date, because Zubiri held the office. His tenure began only four years later in 2011. In law, “term” means the period fixed for the office, while “tenure” refers to the actual time served.

Congratulations to Ryan Cayabyab for being conferred the Order of National Artist for music. Among his many iconic compositions are the 18 songs in the musical “Ageless Passion,” staged by the Foundation for Liberty and Prosperity in 2011 and 2016 to celebrate my 75th and 80th birthdays, respectively, and televised in full by GMA News TV Channel 11. The lyrics were written by Kristian Jeff Agustin, who is now finishing his PhD in visual arts in the United Kingdom. The musical can be accessed at www.libpros.com and on YouTube.

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