Quo vadis, George Erwin Garcia?

I’ve admired George Erwin Garcia to be an election lawyer of competence, integrity, and dignity no matter whether or not I agree along with his purchasers’ claims or not. Impressed along with his adherence to the rule of regulation, I cheered his ascension as chair of the Fee on Elections (Comelec). Recently, nonetheless, he has led the Comelec in committing not simply easy errors however “grave abuse of discretion amounting to lack or extra of jurisdiction (GAD).” Notice that to be nullified, the discretion should not merely be abusive, however gravely abusive or whimsical and arbitrary. Let me give some samples.

IN SMARTMATIC VS COMELEC (April 16, 2024, per J Jose Midas P. Marquez, en banc, 15-0), the Supreme Courtroom reversed the Fee for committing GAD in disqualifying Smartmatic “from taking part in any public bidding for elections” due merely to the Comelec’s receipt of data from the “Division of Justice of the USA of America concerning an ongoing felony investigation into former Comelec Chairperson Juan Andres D. Bautista in relation to procurement actions for the 2016” nationwide elections. Consequently, the Comelec awarded the automation of the 2025 elections to Miru Methods, the remaining bidder, in violation of its personal guidelines and the due course of rights of Smartmatic. I don’t favor Smartmatic in any approach, besides that I consider that due course of and the rule of regulation should at all times be noticed in our democracy.

Generally, a void act, like Comelec’s disqualification of Smartmatic, produces no authorized impact from the very starting. Nevertheless, as an exception, below the doctrine of operative reality, acts accomplished with GAD should not voided when their nullification will lead to an injustice or inequity. It acknowledges the truth that orders of constitutional, legislative, or regulatory our bodies (just like the Comelec) are presumed legitimate and acts accomplished pursuant thereto are additionally deemed legitimate, except and till reversed with finality.

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Thus, on this instance, the Courtroom utilized the doctrine as a result of the nullification of Comelec’s award to Miru Methods, although legally void, will consequence within the incapacity of the Comelec to conduct the 2025 election below its strict timeline. Consequently, the Courtroom made its choice potential in its software and lectured Comelec on correct procedures sooner or later.

ANOTHER EXAMPLE: In De Guzman-Lara vs Comelec (Aug. 6, 2024, per J Jhosep Y. Lopez, en banc, 13-0-2), the Courtroom once more known as out the ballot physique for committing GAD in failing to understand {that a} day consists of 24 hours and that due to this fact, a petition for disqualification acquired by the Comelec past workplace hours by way of e-mail however earlier than midnight is deemed filed. The Courtroom taught that “establishments with huge revolutionary sources such because the Comelec” ought to have the opportunity “to entry a pleading filed past workplace hours … by way of e-mail.”

A THIRD EXAMPLE: In Macalintal vs Comelec, the Courtroom en banc—primarily based solely on the petition filed by lawyer Romulo B. Macalintal—issued ex-parte a brief restraining order “enjoining respondent Comelec from implementing its decision offering, inter alia, that public appointive officers who settle for their nomination as party-list representatives “might proceed to carry workplace even after [the] acceptance of their nomination.”

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The voided Comelec Act allowed party-list nominees—even after the submitting of the certificates of candidacy of the party-list involved throughout the interval allowed by regulation (Oct. 1–8, 2024)—to stay in workplace for about two months extra till the official marketing campaign interval begins, at which era they’re deemed routinely resigned. Thus, these public officers are given the benefit of utilizing the sources and perks of their workplaces to advertise the candidacy of their party-list.

This abhorrent apply had already been thrashed by the Courtroom in Quinto vs Comelec (Feb. 22, 2010, per CJ Reynato S. Puno, en banc) which held that every one appointive officers are deemed resigned upon the submitting of their certificates of candidacies. As a seasoned election lawyer, Garcia ought to have identified the evil in permitting appointive officers like prosecutors, judges, navy officers, law enforcement officials, and so on. to make use of their workplaces to advance their already publicly identified political aspirations.

A number of days in the past, Garcia advised media (1) of the necessity to amend the social gathering listing regulation “to outline (and) enumerate the totally different sectors that ought to be represented below the … System;” as it’s, the Supreme Courtroom has opened the flood gates to the dynasts, the highly effective and the wealthy in what was initially conceived to be a way for legislative illustration by the marginalized and the poor, and (2) the Comelec will publish on its web site the certificates of candidacies of all aspirants to allow the general public to scrutinize their {qualifications}.

Whereas I agree with these two administrative leads, I nonetheless ask quo vadis, Chair Garcia? I hope, as I’m assured, that he’ll redeem himself in quasi-judicial issues by sticking to his election regulation experience. One chastisement for committing GAD could also be acceptable, however a number of occasions? Fairly painful for a lawyer of his caliber and stature. Within the subsequent case, I hope to cheer his rise.

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