Lawyer invokes ‘Frivaldo Doctrine’ on Poe’s case
GRACE POE/DEC.18,2015
Presidential candidate Senator Grace Poe answers questions during the Migrante event held at UP Diliman College of Law, QC during International Migrants Day.
INQUIRER PHOTO/RAFFY LERMA
Lawyer Pearlito Campanilla, lead convenor of LEAP or Lawyers Advancing the People’s will, opined that the ‘Frivaldo Doctrine,’ a landmark decision of the Supreme Court, may serve as the wisest guidance in assessing the disqualification cases filed against Sen. Grace Poe-Lalamanzares.
In the landmark decision that became popularly known in the legal universe as the “Frivaldo Doctrine,” the Supreme Court affirmed and installed a foreign citizen who won governor in a local election.
“No agreement exists on how to exactly define democracy but it has been a universal consensus that a country cannot be truly democratic until its citizens have the opportunity to choose their leaders through an election that is fair and free. Fair and free, among others, means that the electorate can elect the individual of their choice which is not limited to a handful of candidate that is hand-picked because of their political affiliation, economic stature or power based background,” said lawyer Campanilla.
It may be recalled that LEAP, through Atty. Campanilla, recently intervened in the disqualification cases filed versus Sen. Poe-Llamanzares at the Commission on Elections.
“This is important because a fair and free election is the most effective way a citizen can exercise his patriotic right to choose the leader of his country. A fair and free election helps eliminate the threat of a tyrannical, corrupt and incompetent government. A fair and free election ensures a peaceful government transition that will be supported by the people. A fair and free election impacts the lives of the present and future generations. This is what Rizal, Bonifacio and all the other heroes have envisioned for our country. This is the reason, the very essence why they gave their lives,” Campanilla stated.
“For the upcoming presidential election this May, can it be said that the same is fair and free notwithstanding that the front running candidates are in the process of being disqualified owing a legal technicality? Legality, like morality or ethics, is never petrified. What is illegal now may very well be legal tomorrow dependent on how our lawmakers revised or amend our existing laws. Even the interpretation of what is legal and illegal varies dependent on the modality of the judge who decides a case,” Campanilla opined.
He stressed that what remain constant is that the right of the people to exercise the right of suffrage must always be unrestricted and uninfluenced, that the Filipino people must have the absolute sovereign power to elect their leader, that it is despotic for the executive or legislative branch of government to strip them of this right.
The Frivaldo Doctrine part of which declares:
“… This Court has time and again liberally and equitably construed the electoral laws of our country to give fullest effect to the manifest will of our people. For in case of doubt, political laws must be interpreted to give life and spirit to the popular mandate freely expressed through the ballot. Otherwise stated, legal niceties and technicalities cannot stand in the way of the sovereign will… laws governing election contests must be liberally construed to the end that the will of the people in the choice of public officials may not be defeated by mere technical objections…”
“Indeed, our Court has repeatedly stressed the importance of giving effect to the sovereign will in order to ensure the survival of our democracy. So must it be to the others who are so unscrupulously poised to threaten it,” Campanilla said. “We urge all our citizens to say no to disqualification. Yes to democracy.”
