Disqualification cases vs. Senate bids of Pimentel, Osmeña still unresolved

Two weeks before the start of the campaign period for senatorial candidates, the Commission on Elections has yet to resolve the disqualification cases filed against re-electionist Senator Aquilino “Koko” Pimentel III and former Senator Sergio Osmeña III.

Comelec spokesperson James Jimenez was referring to the Comelec’s bid to perpetually disqualify Osmeña’s  from running in public office due to allegedly failing to file his Statement of Contributions and Expenses (SOCE) during his 2010 and 2016 Senate bids, as well as the petition lodged by lawyer Ferdinand Topacio asking the Comelec to disqualify Pimentel for supposedly breaching the constitutional provision of limiting a Senator’s tenure to two consecutive Senate terms.

Pimentel first won a Senate seat in the 2007 polls, but he was only proclaimed winner in August 2011 after the Senate Electoral Tribunal ruled in favor of his election protest against Juan Miguel Zubiri.

“Wala pang lumalabas ng desisyon [ang Comelec] sa dalawang kaso na ‘yan. The list that  came from the Law Department [showing their names belonging to the list of 2019 polls] just means that they are not nuisance candidates and that on the face of their COCs (certificates of candidacy), they are not disqualified,” Jimenez said.

“Hindi pa tapos ang storya niyan. Nag-aantay pa tayo ng resolusyon riyan,” Jimenez added.

Jimenez then said that while the Comelec is pressed for time in its preparations for the 2019 polls, decisions cannot be make in haste since the rulings on the on the case of Pimentel and Osmeña would set precedents that would have cascading repercussions.

“Let us also take into consideration the complexity of the issues involved. First, the question has been batted around from a candidate to another for a long time, and [so] it is about making a solution to such a situation whether serving a fraction of a term is tantamount to serving a full term so it is best to settle it with definitiveness,” Jimenez said.

“As to the other issue on whether delayed filings can forestall consequences of not filing SOCE…if you rule one way [that late filing will be allowed], you will be opening a massive loophole. If you rule the other way, others may find such decision beyond reasonable. People could say that these could be answered by a simple yes or no, but it is not,” Jimenez added.

The Comelec is eyeing to start the printing of ballots by February 2 or 11 days before the campaign period starts for those running for a Senate seat.

“Of course, the most logical timeframe for printing is immediately, but we need to consider that Comelec is taking the time it needs to answer these [questions in electoral process] intelligently,” Jimenez said.

The campaign period for senatorial candidates and party-list groups starts on February 12. The midterm polls is set on May 13.  — RSJ, GMA News