Public urged to file poll violation cases vs candidates
As social media sites were swarmed with complaints about campaign violators, a veteran election lawyer has encouraged the public to still file a case against those who break election rules even if there is no guarantee of a swift disqualification.
“Hindi por que nanalo na ay ligtas na sila (barangay officials) kasi andyan pa rin ‘yong issue tungkol sa paglabag niya sa election laws. Kaya mas makabubuti na magsampa na rin ng kaso laban sa kanila para kung sakali mang manalo, magiging ground na ‘yan para matanggal sila,” Atty. Romulo Macalintal said in a Monday morning interview with DZMM.
“Kasi ngayon ilang araw na lamang bago ang eleksyon, tiyak na hindi mo matatapos ang kasong isasampa sa kanila,” Macalintal added.
The campaign period for the barangay and Sangguniang Kabataan (SK) elections started last May 4. Commission on Elections (Comelec) spokesman James Jimenez has confirmed that even on the first day of the campaign period, they already received several complaints, six of which were sent directly to him.
READ: Poll violations reported in QC on first day of campaign—Comelec
The barangay and SK elections will be on May 14.
Macalintal said complaints due to election offenses can be filed through the Comelec or local fiscal offices.
“’Yan (campaign violations) ay ground lamang for an election offense case. Kapag napatunayan na talagang nagkaroon sila ng paglabag sa election law, kapag tumakbo ulit sila, pwede na silang ma-disqualify,” he said.
Law loopholes
Macalintal, however, admitted that substantiating an election violation committed by a candidate could sometimes be difficult. He also lamented the slow pace of hearings, which make resolution of disqualification cases time-consuming and tedious.
“Hindi agad (disqualified), kasi mahirap dyan, you have to prove ‘yong mismong kandidato ang naglagay (campaign material on a prohibited area). At kung hindi mo mapatunayang gano’n, wala rin ang iyong reklamo,” Macalintal said.
The lawyer said loopholes in election rules also delay the delivery of justice.
“Napakaluwag kasi ng batas natin kaya inaabuso ‘yan tuwing halalan, nagiging katawa-tawa lamang na may mga regulations tayo pero talamak pa rin ang paglabag sa election law,” Macalintal said.
“Kasi sa ngayon, if you were found guilty of an election offense: kalian pa ba mapapatunayang guilty ‘yan?” he added. /kga
