THE LAWYER of Vice President-elect Leni Robredo said yesterday the Statement of Contributions and Expenditures (SOCE) of the Liberal Party would not imperil the assumption to office of the outgoing Camarines Sur representative.
“With or without the filing of the SOCE of the LP, which nominated VP-elect Leni Robredo, the latter can still assume the office of the Vice President since she had already filed her own SOCE,” said lawyer Romulo Macalintal.
Macalintal said Robredo could assume her office even if the LP failed to submit its list of donors and expenses on time, arguing that the concerned provision in law was “of doubtful constitutionality.”
“The will of the people cannot be set aside on mere misdoing or omission of the political party, which nominated a winning candidate,” he said in a statement issued by Robredo’s staff.
Macalintal questioned the constitutionality of Section 14 of Republic Act No. 7166, or the Synchronized Election Act of 1991, which states that failure of the political party, which nominated the winning candidate, to file the SOCE could bar the latter from assuming office.
He said the provision “violates the bill of rights provision that no person shall be deprived of his life, liberty or property without due process of law or without having been heard.”
“The failure of the Liberal Party and former Secretary Mar Roxas to file their SOCE on time is a simple case of late-filing and not considered as ‘nonfiling,’” Macalintal said.
At most, he said the LP and Roxas might be asked to pay a fine ranging from P10,000 to P30,000 in the discretion of the Comelec as provided under paragraph 4 of RA 7166.
“Thus, it is too premature to say that Robredo and other winning candidates could not assume office since their said assumption is still on June 30, 2016, and for sure by that time the LP would have already filed its own SOCE,” he said.
The lawyer said that to say that Robredo could not assume her position because of LP’s failure to file its SOCE would also mean that Senators-elect Frank Drilon, Joel Villanueva, Risa Hontiveros, Kiko Pangilinan, Ralph Recto and Leila de Lima and all winning governors, mayors and other local elective officials nominated by LP could not assume their respective offices.
Macalintal also questioned the legality of Comelec’s resolution that “submission of SOCE beyond the deadline shall not be accepted,” arguing that the “Comelec cannot prescribe what the law does not provide.”
“There is no law prohibiting late submission of SOCE precisely because the law provides for penalties in case of late or nonfiling of SOCE,” he said.
Macalintal cited hundreds of cases now pending with the Comelec involving winning candidates in past elections who failed to comply with SOCE requirement and yet were allowed to assume the offices for which they were elected.
“I’m sure the party will submit before June 30,” Robredo said.
She also assured the public that there were “no favors” demanded of her by her campaign contributors.