Election lawyer Romulo Macalintal. INQUIRER FILE PHOTO
MANILA, Philippines—The Commission on Elections (Comelec) cannot order local executives to vacate their post for non-compliance with the rule on submission of Statement of Election Contributions and Expenditures (SOCE) because the rule is unenforceable, election lawyer Romulo Macalintal said Tuesday.
“For me, the SOCE rule is not yet final and executor and it is not enforceable,” Macalintal said explaining that before it becomes effective, it has to be published in two newspaper of general circulation. After publication, it becomes effective after seven days, he said.
In this case, he said there was no publication and a resolution that carries administrative penalty is required to be published first.
The Comelec had said that some 400 local executives should vacate their post for non-submission of SOCE or submitting a SOCE that is not in the prescribed form.
Macalintal echoed De Lima’s position that after elected officials have assumed their post, they can only be removed through quo warranto proceedings.
A quo warranto, under the Omnibus Election Code, “refers to an election contest relating to the qualifications of an elective official on the ground of ineligibility or disloyalty to the Republic of the Philippines. The issue is whether respondent possesses all the qualifications and none of the disqualifications prescribed by law.”
He also pointed out that the Comelec cannot remove an official for submitting a SOCE that is not in the prescribed form.
“I do not think an elected official should be penalized for submitting a SOCE that is not in the prescribed form because there is nothing in the law about a prescribed form,” he said.
What the Comelec should have done is that it should have issued a notice to the candidates and they should be given the opportunity to explain.
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