If Comelec intends to file a case against these non-candidates who posted oversized campaign materials on their own premises, who will act as the “complainant”? For sure, the complainant will be the Comelec.
The next question then is; Who will act as the “prosecutor” or who will conduct the investigation of the case? Again, the answer is the Comelec, thru its Law Department.
And finally, who will be the judge? Of course, the answer is the Comelec En Banc based on the recommendation of its Law Department.
In other words, the Comelec will act as the complainant, the prosecutor and the judge rolled into one. Ano pang laban natin d’yan?
If that happens, that will obviously be a blatant violation of the constitution as the alleged violators would be denied of their constitutional right to a fair and impartial trial and due process.
The Comelec should be reminded that in many instances, the Supreme Court (SC) “has repeatedly and consistently demanded the ‘cold neutrality of an impartial judge’ as the indispensable imperative of due process. To bolster that requirement, we have held that the judge must not only be impartial but must also appear to be impartial as an added assurance to the parties that his decision will be just.” ( Bilbao vs People of the Philippines, 2015 case).
So, what fighting chance would these alleged violators of campaign rules have in the face of such an absurd situation where the Comelec would certainly not allow itself to be defeated in the cases they filed against these alleged violators.
There really is something wrong in Comelec’s handling of these campaign rules issue. Thus, the imperative need for Comelec to suspend, in the meantime, the implementation of its campaign rules now that it is “reviewing its regulations on campaign posters after drawing flak over its ‘Oplan Baklas’ operations.”[1]
To review its rules now is indeed a welcome development considering that the campaign period for local candidates will start on March 25 where more complaints and confusion might arise if such regulations are not fully clarified. It would be advisable for the Comelec to temporarily stop implementing its controversial regulation while reviewing said rules so that it could have a uniform standard and policy for both national and local candidates.
ATTY. ROMULO B. MACALINTAL
Election Lawyer
Las Pinas City