“It is unfortunate the Comelec may now perhaps be perceived by many of the residents of the province as having taken the side of those who want to perpetuate the lucrative but excessive, destructive quarrying industry there”
Speculation is rife the raging political controversy in Albay province will soon be bound for the Supreme Court.
That controversy was recently fueled by the resolution issued by the Commission on Elections (Comelec) First Division disqualifying newly-elected Albay Governor Noel Rosal.
The resolution was based on allegations that Rosal may have violated certain provisions of the Omnibus Election Code which prohibits the disbursement of public funds 45 days before the polls.
The Comelec First Division acted quickly on the allegations.
Rosal’s legal team has filed a Motion for Reconsideration with the poll body.
Observers, however, say it would be difficult to get the Comelec to reverse the earlier resolution, raising concern the issue that has gotten Albay into some kind of political turmoil will soon find itself in the hands of the justices of the Supreme Court.
The wisdom of the First Division is not in question here, nor are doubts being cast on the integrity of the commissioners.
The worry among parties-in-the-know is that the poll body may have unnecessarily gotten itself in the crossfire.
Some find it unfortunate that new Comelec Chairman George Garcia has found himself defending and explaining the disqualification resolution before media.
What the poll body may not have anticipated is the chaos that the resolution would trigger.
Albay and its capital, Legazpi City, are now being rocked with massive protest action. Influential Church and civic leaders are urging the Comelec to “respect the people’s will.”
Albay’s esteemed Bishop Joel Baylon himself has loudly asked whether or not the Comelec resolution against Rosal is nothing more than just a result of the new governor’s unrelenting and uncompromising stand against illegal and excessive quarrying activities in that province, especially in the areas near and around Mayon Volcano.
It is unfortunate the Comelec may now perhaps be perceived by many of the residents of the province as having taken the side of those who want to perpetuate the lucrative but excessive, destructive quarrying industry there.
To be fair to the Comelec, the First Division had used the Omnibus Election Code as the basis for the resolution against Rosal.
The poll body said the provision of the Code referred to in the resolution does exist and does provide for such a ban and the distribution of the funds done by Rosal to tricycle drivers and senior citizens was covered by them.
Rosal’s counsel had argued the alleged distribution of funds in March of 2022 was just a continuation of the activity which began in August 2021 and was therefore not a “new activity.”
Moreover, the funds distributed were a matter of emergency as they were part of the government’s efforts to help people cope with the ill-effects of the pandemic.
What troubles not a few of Albay’s religious and civic leaders even more are observations the First Division did not allow Rosal the opportunity to “adduce evidence” and did not grant a motion to reset hearing.
This is disconcerting to them because, if true, then Rosal may have been denied the opportunity to be heard. That view of theirs seems to infer some kind of denial of due process.
What is further troubling to them is that the funds were meant to help the underprivileged residents to cope with the pandemic. They wonder if the ban was more important than their survival.
The Comelec should understand the reasons behind that kind of sentiment.
Rosal has emerged as some kind of the antithesis to the traditional politicians of that province.
Rosal is folksy, relatable and has a strong connection with the masses.
His landslide victory in the recent polls was, to many, unimaginable since he did not have the financial resources and did not have a full slate when he tossed his hat into the gubernatorial contest.
Based on the odds, he should have lost the elections. However, he won it with votes nearly twice the number garnered by the closest contender.
Rosal is seen as some kind of “savior” – the only leader who can shield them from the wiles of the powerful. This is why Albay is in turmoil right now in the aftermath of the First Division’s decision.
The people of the province, however, must understand that the Comelec has a job to perform.
The poll body must be given the benefit of the doubt that its actions are based on what it believes to be the law. On that score, the Comelec must be given the respect due it.
Albayanons are not without recourse.
The poll body is reviewing Rosal’s Motion for Reconsideration. True, it may be next to impossible to get the First Division to reverse itself.
But then, there is the Supreme Court. That constitutional body is the ultimate recourse.
There, Rosal can hope he will be given his day in court.
Meanwhile, we will just have to watch Albayanons vent out their ire against what they perceive to be disrespect for their will.
This is how democracy works. Each interested party can express its disgust until the Supreme Court – the court of last resort – rules on the matter with finality.
(Email: ernhil@yahoo.com)
