Resolution cannot supersede a law PDF Print E-mail
Wednesday, 31 August 2016 11:59

Sound Snipes

BY Jimmy Cabato

 

“Temporarily” out of the City Council after unceremoniously stripped of his right as the Indigenous People Representative, Isamel Musa came out with guns blazing. In the company of one Melham Tingkong Attan, he had formally filed a disqualification case against Mayor Beng Climaco before the Commission on Elections in Quezon City last week for alleged overspending in the May elections in violation of the Omnibus Election Code.

Musa claimed, Climaco’s Statement of Contributions and Expenditures (SOCE), submitted to the Comelec, showed a total expenditure P1,319,389.22  which is more than what is allowed under the Fair Elections Act. The allowed expenses, he said, is pegged at only P81,004.22.

He concluded, it is very clear that Climaco violated Section 68 of the Omnibus Election Code which provides that “Any candidate, who in an action or protest in which he is a party is declared by final decision by a competent court guilty of, or found by the commission of having spent in his/her election campaign an amount in excess of that allowed by this Code, shall be disqualified from continuing as candidate, or if he/she has been elected, from holding the office.”

Musa fumed, Climaco should be disqualified from being proclaimed and must be removed as City Mayor of Zamboanga City and/or discharging the function of the office of the City Mayor and shall be imposed all accessory penalties provided by law.

In the meantime, Mayor Climaco-Salazar described Musa’s action as a desperate act following his removal from the city’s legislative body.

And Musa, in reaction to a facebook commentary by Mike Apostol, averred, it is not his move, but Climaco’s  to oust him as a city councilor, is what is desperate in seeking the majority number in the law-making body.

Go go go, Maeng.

The points you raised versus the mayor appears valid. They are what the law provides, per documents you presented as evidence. And disqualification of earlier winners who overspent were all imposed, the latest of whom was the nephew of former Pres. Erap Estrada - E.R. Ejercito of Laguna. Ejercito was stripped of his governorship in 2013.

Remember, too, her ‘lawyer” Abnoy is an ordinary citizen now. And pretty sure, even if Pres. Duterte played ball with her during the former’s visit here, his elephant memory will always remember her stance in the last elections. WS remembers too well that Duterte’s media bureau thrice wrote in to rebut Beng’s allegations of the Misuari-Duterte partnership.

* * * *

The Senate and the Lower House have agreed to fast-track the postponement of the Barangay and Sangguniang Kabataan elections.

In so doing, the bodies will simply adopt a joint resolution calling and declaring the deferment.

But isn’t that act ambiguous?

Writing Sniper ((WS) is no lawyer, but legislative experience tells him, a resolution cannot supersede a law.

Now, now, now… this appears dangerous if they are indeed for the postponement of the polls.

Repeat, though a non-lawyer, what if the notion of WS turns to be true and nearing the appointed election date, somebody goes to the Supreme Court and calls for the junking of the postponement resolution, problem, problem, problem - circus time.

Breaking news relevant to such risky move. The Commission on Elections has ordered a temporary halt to the printing of ballots for the Barangay and SK polls. Likewise, Chairman Andres Bautista also announced, he has slowed on the polls preparations, particularly awarding of contracts for the purchase of all election materials.

He, however, said that if no law or joint resolution is adopted by 1 September, printing and preparations will resume. WS particularly included that part on this item because Bautista cited “joint resolution”. Could that mean, a non-law or RA, can supplant an existing one. Lawyer as Bautista is, WS opted to include such angle raised here.

In any case though, the situation is getting to be murkier.

No lang. (Hopefully not)

O, taki ya (So, here). Not even yet finished, WS received a text message from friend Nonie Dondoyano, requesting opinion on a reported press statement of election lawyer, Romulo Macalintal that subject postponement is questionable by law. No exact reason, however, was stated.

WS’ reply to Nonie. “Pare, amo se unu topic para mi column SS ara. (Pare, that is exactly one of my topics in today’s SS piece.)

If by resolution, the act may be questionable. If by law, a Republic Act (RA), it is not. That is proven in several past elections.”

Could it be that Macalintal is questioning the adoption of a joint resolution? Just thinking aloud.

Bow...

* * * *

Good news for the youth. Sen. Juan Edgardo Angara bared, the proposal of House Speaker Pantaleon Alvarez to abolish the Sangguniang Kabataan  (SK) does not sit well with members of the Senate and the Lower House. He explained that the  SK Reform was signed into law only last January. Angara said, he is the principal author of the subject law, and will give it a chance to work.

Ed Roy must be grinning from ear to ear. Piece today is just but a fews lines over one long-sized bond paper. Briefest ever, possibly.

Till next time around, folks. God bless.