Tingog Carolinian vs. Comelec
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Transcript of Tingog Carolinian vs. Comelec
![Page 1: Tingog Carolinian vs. Comelec](https://reader036.fdocuments.us/reader036/viewer/2022073121/55cf9331550346f57b9c9b08/html5/thumbnails/1.jpg)
University of San Carlos Student Supreme Court
En Banc
Tingog Carolinian, Petitioner, vs. University of San Carlos Commission on Elections (COMELEC), Respondent.
D E C I S I O N
ALO, CJ:
Before us is a petition by the Tingog Carolinian Party (Tingog) assailing the validity of Section 6 of Article 8 of the 2014 Election Code and seeking for the nullity of the resignations tendered by incumbent officers pursuant to said provision.
The Facts
The essential facts of the case can be summarized as follows: On November 2014, the 2014 Election Code (referred to as Code hereafter)
was duly approved by the Supreme Student Council upon recommendation of the Commission on Elections (COMELEC) after having gone through the process of preliminary drafting by the Ad Hoc committee and final deliberation. Among other changes to the previous Election Code, Section 6 of Article 8 was added to the Code, which provides that an incumbent officer shall be required to tender his resignation as one of the requirements for filing his Certificate of Candidacy.
On February 5, a formal complaint was filed by Tingog with the COMELEC questioning the validity of Section 6 of Article 8 of the Code. Tingog contends that the said provision is contrary to our laws, specifically BP 881, known as the Ominibus Election Code, and the 1987 Philippine Constitution, and is violative of the 2001 Constitution of the University of San Carlos – Supreme Student Council (hereafter referred to as Constitution). It argues that a hierarchy of laws ought to be respected, and therefore the USC-‐SSC Constitution takes precedence over the 2014 Election Code; and that the latter must be submissive to the spirit and intent of the former. Specifically, Tingog argues that forcing incumbents to resign in order to seek re-‐election is unconstitutional being contrary to Article VII which says “The president, vice president, and the twenty-‐one councilors shall hold office during a term of one year and shall be elected by a popular vote of the students of the University. The term of office of the president, vice president, and twenty-‐one councilors shall end by the time the new set of officers shall have taken their oath.”
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For its part, COMELEC contends that BP 881 or the 1987 Philippine Constitution finds no application since the University, being a private institution, can promulgate its own rules as to the conduct of its internal affairs. Such can be said the same for the student body and organizations incorporated within. COMELEC advanced its argument by stating that the purpose of the contested provision was to promote fairness during election. The provision seeks to prevent an incumbent running for re-‐election to spearhead any SSC project during election time and use such avenue to solicit votes. Furthermore, COMELEC raises the point that the council duly approved the Code by majority vote.
COMELEC, recognizing that it has no power or jurisdiction to interpret the law, then raised the issue before this court for resolution.
Issue
Competent authority would tell us that the Omnibus Election code and the 1987 Philippine Constitution find no direct application in the case before us since what the court is dealing with is a student election and thus a purely internal matter.
The sole issue of this case before us is whether or not Section 6 of Article 8 violates the 2001 Constitution of the University of San Carlos – Supreme Student Council.
This Court’s Ruling On the issue of Constitutionality
We find the petition to be meritorious. Section 6 of Article 8 may seemingly appear innocent on its face, but a deeper inspection of the provision and its effects will tell us that it is indeed unconstitutional. We agree with Tingog that such provision has the effect of a forced resignation thus reducing the term of office provided for under our Constitution.
Our Constitution recognizes instances wherein the term provided may be prematurely terminated, they are: removal, death, resignation, and incapacity. What is common among these instances is that it recognizes the inability of an elected official to further carry out his/her function for one reason or another. It is clear therefore that the term of an elected officer under our constitution begins from the time he/she takes his oath and ends by the time the new set of officers are elected and shall have taken their oath; this is the general rule. The exception to the rule would then be the inability or incapacity of the elected officer to carry out his/her official functions; such inability or incapacity shall terminate the term before its prescribed end. In the case at bar, the resignation under the contested provision is no way grounded on one’s incapacity to further exercise his functions, but rather by
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his/her desire to continue public service for another term. Therefore, to recognize such provision as valid and constitutional would be tantamount to adding another exception to the general rule, which would be re-‐election. This cannot be done, for it is sound legal principle that the law can in no way amend the Constitution; a spring can never rise higher than its source. Our Constitution provides the proper procedure for amendment, and such ought to be followed.
As pointed out by Tingog, the implementation of the assailed provision can have dangerous implications. Theoretically, if all incumbent officers decide to run for another term, they would all have to resign upon submitting their Certificate of Candidacy. In such an instance, there would be no SSC throughout the election season and a vacuum of office would be created for approximately a month. This is contrary to the spirit and intention of the Constitution, which mandates that there should be a Supreme Student Council sitting in office to represent the student body. Though the situation is highly hypothetical and seemingly unlikely, but one cannot deny that in at least theory, it is a possibility. Nor can we discount the possibility that even losing half of the officers due to resignation under this provision can already greatly cripple the function of the council, especially when there’s a need to address a contingency or other pressing matters that may arise during the election season.
Though the intent behind the provision is commendable, but its implication and possible consequences far outweigh any benefit that can be derived from it. On the nullity of the resignations Though we find the contested provision to be unconstitutional, we cannot rule in favor of the Petitioner’s request to nullify the resignations of the incumbent officers seeking re-‐election.
It was brought to this court’s attention during the hearing that there had been enough time and opportunity to question this provision before its passage into law. Therefore it begs the question from this court why Petitioner has only seriously raised this up as an issue at this late hour when elections are already upon us. The filing of a formal complaint was raised only on February 5, 2015, a day before the supposed deadline for submission for certificates of candidacy.
According to COMELEC, the ad hoc committee furnished a copy to the proposed Code to political parties, including Tingog Carolinian, during the preliminary stages of drafting this Code. With regards to Section 6 of Article 8, no question or issue was raised at this stage. Petitioner did not object to this fact nor did it attempt to present contrary testimony.
During the final deliberation and voting for the now-‐approved Code held some time during November, this section was questioned by one of the Petitioner’s
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incumbent councilors. But as both parties admit, COMELEC was able to justify and explain its position, which the councilors then agreed and approved without any issue, with the belief that the resignation is after all a mere formality. In light of the foregoing, this court believes that those who have submitted their resignation pursuant to this provision ought to be bound by it, as if they were already estopped from taking an opposition. The theory of Estoppel in our legal system is said to be a principle based on equity and fairness; and though what we are dealing with in this case is not estoppel in its strictest legal sense, but we find no cogent reason not to apply a similar effect to that of estoppel in this instance. It is clear to this court that Petitioner had ample opportunity and time to question the said provision since its inception. The events that transpired during the deliberation in November leads this court to believe that whatever opposition Petitioner had regarding this provision were quelled by COMELEC’s reasoning and the Council’s subsequent approval. Therefore, those who signed their resignations ought to be bound by the same. After all, these officers are presumably the same persons that were present during the deliberation and approved the said provision. This court is of the belief that the Election Code (and all provisions therein) approved by the Council shall be the same Code which shall be binding upon those council members seeking re-‐election in this year’s election. We believe this to be the just and equitable solution given the circumstances. Had Petitioners been timely and firm on their opposition of Section 6 of Article, this court would have been inclined to rule differently. But such is not the case here. We cannot allow Petitioners to be fickle-‐minded as to their opposition now that we’re at the threshold of elections. Petitioner ought to be precluded from now opposing something they were fully aware of and initially approved, especially at this late hour. The court also sees that such solution poses no grave threat to the current operations of council since only 5 officers are seeking re-‐election.
A Final Word
We commend COMELEC for its earnest efforts to improve the SSC elections by ensuring that it is fair and equitable. But imposing a compulsory resignation would be a far too extreme measure; there are other means in which the same end can be derived. This court suggests that if COMELEC truly wants to ensure that no officer spearheads an SSC project during election season, perhaps in future drafts of a revised Election Code a provision can be provided that would specifically prohibit such. It may recommend such provisions to the same effect as long as it remains within the frame of the Constitution. For no matter how earnest or purest the intentions may be, any law passed should not violate the present Constitution.
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As to Petitioner, though we sympathize with them that the possible adverse effects were only made apparent to them recently, we cannot agree with Petitioner to hold such as a valid justification to nullify their resignations. This court would like to make it clear not only to Petitioner but any persons seeking office that the passing or revision of any law ought not to be taken lightly. It is of the earnest hopes of this court that this case serve as lesson and reminder to all future councils and officers to be scrutinizing and thorough whenever passing a law or resolution. The Supreme Court of the Philippines has reiterated in numerous cases that “public office is a public trust”. The same can be said of our own student government. The student body has entrusted the great responsibility of representation to the hands of the elected officers of the SSC. Therefore it is imperative that these officers exercise due diligence in the conduct of the affairs of the SSC. We do not expect the Council to be privy with all the complexities of the law and its principles, but we do however expect that Council posses some foresight, to a reasonable extent, as to the implications and effects of any law or resolution it may pass, especially when it affects rights and obligations. In short, we urge the Council and all its members to be constantly cautious and prudent, because in life there is no undo button; and not everything can always be reversed by the swish of a magical wand.
WHEREFORE, the petition is partially granted. Section 6 of Article 8 is
deemed unconstitutional from the promulgation of this decision and therefore should be stricken off from the 2014 Election Code. However, any resignation tendered by an incumbent officer seeking re-‐election for the 2015 elections should still be upheld and such officers are still deemed effectively resigned.
SO ORDERED.
(sgd.) Kyle Joseph A. Alo
Chief Justice
WE CONCUR: (sgd.) (sgd.) Russell Randall L. Gocuan Zachary Walter Mari Z. Selma Associate Justice Associate Justice The two other justices were unavailable as of the resolution of the case.